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2003-05-20 City of Southlake CITY COUNCIL MEETING MINUTES May 20, 2003 CITY COUNCIL PRESENT: Mayor Andy Wambsganss, Mayor Pro Tem W. Ralph Evans; Councilmembers: Carolyn Morris, Keith Shankland, Greg Standerfer, and Tom Stephen. CITY COUNCIL ABSENT: Deputy Mayor Pro Tem Rex Potter. STAFF PRESENT: City Manager Billy Campbell, Assistant City Manager Shana Yelverton, Assistant to the City Manager John Eaglen, Manager of Technical Services Gary Gregg, Planning Director Bruce Payne, Senior Planner Dennis Killough, Public Works Director Pedram Farahnak, Deputy Director of Public Works Charlie Thomas, Assistant to the Public Works Director Valerie Bradley, Finance Director Sharen Elam, Economic Development Director Greg Last, Director of Public Safety Rick Black, Chief of Police Marlin Price, Interim Chief of Fire Bobby Finn, Police Officer Jason Pfeiffer, Communications Supervisor Donna Schneider, Firefighter/Paramedic David Sizemore, Firefighter/Paramedic Kelly Clements, Administrative Secretary Bobbye Shire, Deputy Director of Administrative Services Garland Wilson, Chief Building Official Paul Ward, Landscape Administrator Keith Martin, Director of Community Services Malcolm Jackson, Deputy Director of Community Services Steve Polasek, Senior Parks Planner Chris Carpenter, Recreation Supervisor Steve Moore, Director of Human Resources Kevin Hugman, Executive Secretary /Office Manager Kim Bush, Intern Kim Springer, Deputy City Secretary Tara Brooks, City Attorney E. Allen Taylor, and City Secretary Lori Farwell. WORK SESSION: The work session was called to order by Mayor Wambsganss at 5:48 p.m. City Council reviewed the agenda items with city staff and applicants. Council decided to add the following agenda items to the consent agenda: items 7B, 7C, 7D and 7E to table to June 17 at the applicants request, and to approve item 8A. REGULAR SESSION: Agenda Item No. 1, Call to order: The regular session was called to order by Mayor Wambsganss at 6:04 p.m. Agenda Item No. 2A, Executive Session: Mayor Wambsganss announced that the City Council would be going into Executive Session pursuant to the Texas Government Code, Section 551.071, consultation with city attorney; Section 551.072, deliberation regarding real property; Section 551.073, deliberation regarding prospective gift; Section 551.074, deliberation regarding personnel matters; Section 551.076, deliberation regarding security devices; and Section 551.087, deliberation regarding economic development negotiations. City Council adjourned for Executive Session at 6:38 p.m. Executive Session began at 6:18 p.m. and ended at 7:10 p.m. Agenda Item No. 2B, Reconvene: Mayor Wambsganss reconvened the regular meeting at 7:20 p.m. Mayor Wambsganss asked if there was any action necessary following the executive session. CITY COUNCIL MEETING MINUTES, MAY 20, 2003, PAGE 1 OF 8 Motion to authorize city attorney to proceed with a 380 Agreement for reimbursement of development in construction of infrastructure for the Pin Oak Estates subdivision. Motion: Standerfer Second: Shankland Ayes: Stephen, Evans, Shankland, Morris, Standerfer, Wambsganss Nays: None Approved: 6 -0 Agenda Item No. 3: The invocation was presented by Mayor Pro Tem Ralph Evans. Mayor Wambsganss led the Pledge of Allegiance. Agenda Item No. 4, Reports: A. Mayor's Report: Mayor Wambsganss announced upcoming meetings and events. The Mayor then presented a proclamation to five -year -old Kristy Wickliff who saved her father's life. B. City Manager's Report: The City Manager advised Council that the automatic voting system will be forthcoming and will allow Council to vote electronically. Courtney Blevins with the Texas Forest Service presented the Tree City Award to the City of Southlake for a total of six years in a row and then Mr. Blevins also presented the Urban Forestry Award to the City for the fifth year in a row. Landscape Administrator Keith Martin received both awards on behalf of the City. Economic Development Director Greg Last described the CLIDE (Celebrating Leadership In Development Excellence) Award to Council which was recently presented to Southlake Town Square. Department of Public Safety Director Rick Black presented the Threat Preparedness Plan to the Council. CONSENT AGENDA: 5A. Approval of the minutes of the City Council special meeting held on May 6, 2003, and the City Council regular meeting held on May 6, 2003. Approved as presented. 5B. Ordinance No. 849, 1 Reading, Abandoning a portion of the public right -of -way of Crooked Lane. In 2001, the construction of South Nolen Drive from Crooked Lane to FM 1709 was completed and vehicular traffic was moved from Crooked Lane to Nolen Drive. On December 18, 2001, the City Council approved Ordinance No. 808 abandoning the right of way of Crooked Lane within the Cornerstone Plaza Addition from FM 1709 to approximately 466 feet south of FM 1709 and authorizing the Mayor to execute a quit claim deed. The three property owners adjacent to the remaining right -of -way of Crooked Lane from approximately 466 feet south of FM 1709 to South Nolen Drive have submitted a request to the City to abandon this portion of right -of -way of Crooked Lane. The utilities have been moved from the right -of -way of Crooked Lane to South Nolen Drive and the existing right -of -way only serves as a drainage easement. The property owners have signed a new drainage easement to serve the drainage in the existing right -of -way of Crooked Lane. It was understood at the time the preliminary plat for Cornerstone Plaza was approved that the old Crooked Lane right -of -way would be abandoned when South Nolen Drive was constructed. 5C. Resolution No. 03 -028, appointing six members to serve on the Board of Directors of the Tax Increment Reinvestment Zone Number One of the City of Southlake. Article II, Section 1 (Powers, Number, and Term of Office) of the Bylaws of the Tax Increment Reinvestment Zone Number One, The City of Southlake, Texas provides that the property CITY COUNCIL MEETING MINUTES, MAY 20, 2003, PAGE 2 OF 8 and affairs of the zone shall be managed and controlled by the City Council of the City of Southlake in accordance with the laws of the State of Texas. The Bylaws specify that the City Council shall appoint eight members to the TIRZ Board of Directors, with one of these positions named by the Carroll Independent School District. The other taxing units participating in the zone (CISD, Tarrant County, Tarrant County Hospital District, and Tarrant County College) may appoint one representative to the Board of Directors. With respect to the length and terms of succession, the Bylaws state the following: "Each member shall serve for a term of two years, as stipulated in the Act, or until the member's successor is duly appointed and qualified." On July 18, 2000, the City Council approved Resolution No. 00 -80 appointing eight members to the TIRZ Board of Directors for staggered terms. Through the initial appointment and subsequent appointments, six of the appointments were for terms to expire in May of 2003. Resolution No. 03 -028 appoints the following six members to the Board of Directors for two year terms - Mayor Andy Wambsganss, Mayor Pro Tem Ralph Evans, City Councilmembers Keith Shankland, Greg Standerfer and Tom Stephen, and CISD appointment Robin Snyder as per the Bylaws, which stipulates that the City Council appoint one member to the Board of Directors that is designated by CISD. In accordance with Section 4.21 of the City Charter, the caption for this item is listed as follows: A RESOLUTION OF THE CITY OF SOUTHLAKE, TEXAS, APPOINTING MEMBERS TO THE BOARD OF DIRECTORS FOR THE TAX INCREMENT REINVESTMENT ZONE NUMBER ONE OF THE CITY OF SOUTHLAKE; PROVIDING AN EFFECTIVE DATE. 5D. Resolution No. 03 -031, Authorizing application for a Texas Parks and Wildlife (TPWD) Recreational Fund Grant for Bob Jones Park Trails. Staff is again requesting to submit a grant application to TPWD for possible trail construction funding. Two options were initially presented to the Park Board and the option selected was submitted in the application. One option was the Bob Jones Park outer loop trail, which was submitted last year and not funded. The other was one of the trail connections related to the Safe Routes to School grant request which would have filled a gap in the sidewalk system on Continental between White Chapel Boulevard and the Timarron Information Center. This also was not funded. The Park Board recommended resubmitting the Bob Jones outer loop trail and proceeding with construction on the Timarron trail out of SPDC's designated line item for that trail. Since the funding mechanism is cost reimbursement (state pays 80 %, city pays 20 %), not a straight grant, the trail project must demonstrate an available funding source prior to the reimbursement process. Staff recommends using SPDC's FY 2005 allocation of $150,000 for Trail Projects as the reimbursement source. Park Dedication Funds in the amount of $446,005 also exist as an alternate source. The total funding reimbursed by the state is no more than $100,000, and the trails must serve a recreational purpose, as well as be located on public property or on federal property (i.e. Corps property). If the application is approved by TPWD, the city would have five years to begin and complete construction of the project. In accordance with Section 4.21 of the City Charter, the caption for this item is listed as follows: A RESOLUTION OF THE CITY OF SOUTHLAKE, TEXAS, HEREINAFTER REFERRED TO AS "APPLICANT," DESIGNATING CERTAIN OFFICIALS AS BEING RESPONSIBLE FOR, ACTING FOR, AND ON BEHALF OF THE "APPLICANT" IN DEALING WITH THE TEXAS PARKS AND WILDLIFE DEPARTMENT, HEREINAFTER REFERRED TO AS THE "DEPARTMENT," CITY COUNCIL MEETING MINUTES, MAY 20, 2003, PAGE 3 OF 8 FOR THE PURPOSE OF PARTICIPATING IN THE TEXAS RECREATIONAL TRAILS GRANT PROGRAM, HEREINAFTER REFERRED TO AS THE "PROGRAM;" CERTIFYING THAT THE "APPLICANT" IS ELIGIBLE TO RECEIVE PROGRAM ASSISTANCE; CERTIFYING THAT THE "APPLICANT" MATCHING SHARE IS READILY AVAILABLE; AND DEDICATING THE PROPOSED SITE FOR PERMANENT PUBLIC PARK AND RECREATIONAL USES. 7B. ZA02 -110, Concept Plan for Greenway Carroll Addition located on the southeast corner of North Carroll Avenue and State Highway 114. Current Zoning: C -3 General Commercial District. Tabled to the June 17, 2003, Council meeting at the applicant's request. 7C. Resolution No. 03 -032, (ZA02 -111) Specific Use Permit and Site Plan for a gasoline service station on the proposed Lot 1, Block 1, Greenway Carroll Addition. The property is located on the southeast corner of North Carroll Avenue and State Highway 114. Current Zoning: C -3 General Commercial District. Tabled to the June 17, 2003, Council meeting at the applicant's request. 7D. Resolution No. 03 -033, (ZA02 -112) Specific Use Permit for the sale of alcoholic beverages on property described as proposed Lot 1, Block 1, Greenway Carroll Addition. The property is located on the southeast corner of North Carroll Avenue and State Highway 114. Current Zoning: C -3 General Commercial District. Tabled to the June 17, 2003, Council meeting at the applicant's request. 7E. ZA03 -003, Revised Preliminary Plat for Lots 1 and 2, Block 1 and Lot 1, Block 2, Greenway Carroll Addition on property located on the southeast corner of North Carroll Avenue and State Highway 114 and being approximately 10.56 acres. Current Zoning: C -3 General Commercial District. Tabled to the June 17, 2003, Council meeting at the applicant's request. 8A. Ordinance No. 830 -A, 1 Reading, Amending Ordinance No. 830, amending FY2002 -03 budget. Ordinance No. 830 -A is presented to the Council to reflect the proposed amendments to the adopted FY 2002 -03 Annual Budget. The proposed amendments to the budget represent an increase in expenditures of $223,607 and $55,000 in General Fund and Park Dedication Fund respectively, and a decrease in expenditures of $151,147 in Southlake Park Development Corporation budget (SPDC). Based on staffs review of the revenues collected year -to -date, it is not considered necessary to amend revenues at this time. We will continue to monitor revenue collections. The changes to the fund balance stand at 28.6 %, exceeding the requirements of our fund balance policy. The excess fund balance will assist with balancing the FY2003 -04 and future budgets. During the FY2002- 03 budget process, staff discussed the importance of focusing on the 3 -year outlook. Motion was made to approve consent agenda items 5A; 5B; 5C; 5D including the in -field trails to be consistent with SPDC's approval; 7B, 7C, 7D, and 7E to table to June 17, 2003, at the applicant's request; and item 8A. Motion: Standerfer Second: Stephen Ayes: Evans, Shankland, Morris, Standerfer, Stephen, Wambsganss Nays: None Approved: 6 -0 CITY COUNCIL MEETING MINUTES, MAY 20, 2003, PAGE 4 OF 8 REGULAR AGENDA: Agenda Item 6. Public Forum. Jeff Jones, 2705 York Court, Southlake, Texas, thanked the City of Southlake and the Parks Board for their support of the Southlake Carroll Lacrosse Association. Agenda Item No. 7A. Ordinance No. 480 -419, 2 1x1 Reading (ZA03 -015) Zoning Change for property located at 3333 Southlake Park Road East. Senior Planner Dennis Killough presented this item to the Council. This property is located approximately 500 feet north of Ridgecrest Drive adjacent to the Grapevine Lake Corp of Engineers' property. The current zoning on the property is SF -20B Single Family Residential District and the requested zoning is SF -1A Single Family Residential District. The land use designation is medium density residential. The property is approximately 1.2 acres in area. The SF -20 zoning district does not permit the stabling of grazing animals. The applicant would like the ability to have horses on the property as permitted in the SF -1A district. One property owner within the 200' notification area registered opposition to the request, but later submitted a letter to the Planning Department rescinding this opposition on May 12, 2003. The Planning and Zoning Commission recommended approval on April 17, 2003. The City Council approved the first reading on consent on May 6, 2003. No one spoke during the public hearing. In accordance with Section 4.21 of the City Charter, the caption for this item is listed as follows: AN ORDINANCE AMENDING ORDINANCE NO. 480, AS AMENDED, THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF SOUTHLAKE, TEXAS; GRANTING A ZONING CHANGE ON A CERTAIN TRACT OR TRACTS OF LAND WITHIN THE CITY OF SOUTHLAKE, TEXAS BEING LEGALLY DESCRIBED AS LOT 1R, BLOCK 3, SOUTHLAKE PARK ADDITION, BEING APPROXIMATELY 1.16 ACRES, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "SF -20B" SINGLE FAMILY RESIDENTIAL DISTRICT TO "SF -1A" SINGLE FAMILY RESIDENTIAL DISTRICT, SUBJECT TO THE SPECIFIC REQUIREMENTS CONTAINED IN THIS ORDINANCE; CORRECTING THE OFFICIAL ZONING MAP; PRESERVING ALL OTHER PORTIONS OF THE ZONING ORDINANCE; DETERMINING THAT THE PUBLIC INTEREST, MORALS AND GENERAL WELFARE DEMAND THE ZONING CHANGES AND AMENDMENTS HEREIN MADE; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY FOR VIOLATIONS HEREOF; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE. Motion was made to approve Ordinance 480 -419, 2 °a Reading. Motion: Standerfer Second: Shankland Ayes: Shankland, Morris, Standerfer, Stephen, Evans, Wambsganss Nays: None CITY COUNCIL MEETING MINUTES, MAY 20, 2003, PAGE 5 OF 8 Approved: 6 -0 Agenda Item No. 7F. Resolution No. 03 -034 (ZA03 -018) SUP for Southlake Town Square Farmer's Market. Senior Planner Dennis Killough presented this item to the Council. This property is located on the south side of Prospect Street, between State Street and North Carroll Avenue. The Farmer's Market is proposed to run each Saturday from 7:30 a.m. to 3:30 p.m. beginning the first Saturday of June through the last Saturday of September. This request is the same time period, location, size, and product selection as last year's Farmer's Market. There is more than adequate parking available for the Market through the use of available office parking that is not in use on weekends. The applicant has asked that the Market be permitted to occur each year during the same time period without having to return each year for a new SUP, so long as the market remains as presented by this application. This is what was done for the Art in the Square event. If there is a significant change in the event a new SUP approval from the City Council will be required. They would be limited to 30 vendors as well as being limited in size and location. The Planning and Zoning Commission recommended approval on May 6, 2003. No one spoke during the public hearing. In accordance with Section 4.21 of the City Charter, the caption for this item is listed as follows: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS, GRANTING A SPECIFIC USE PERMIT FOR A FARMER'S MARKET ON PROPERTY WITHIN THE CITY OF SOUTHLAKE, TEXAS, BEING LEGALLY DESCRIBED AS LOT 4, BLOCK 2R1, SOUTHLAKE TOWN SQUARE, PHASE I, MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A ", AND AS DEPICTED ON THE APPROVED CONCEPT PLAN ATTACHED HERETO AND INCORPORATED HEREIN AS EXHIBIT "B" AND PROVIDING AN EFFECTIVE DATE. Motion was made to approve Resolution No. 03 -034 as submitted for a period of five years. Motion: Standerfer Second: Shankland Ayes: Morris, Standerfer, Stephen, Evans, Shankland, Wambsganss Nays: None Approved: 6 -0 Agenda Item No. 7G. ZA03 -022, Revised Site Plan for Southlake Town Square, Phase III, Stage I. Senior Planner Dennis Killough presented this item to the Council. This property is located on the northeast corner of Summit Avenue and East Southlake Boulevard (FM 1709). The current zoning is DT Downtown District. The purpose for this revised plan is to review the proposed building elevations for a previously approved pad site. The building elevations had not been designed at the time of that site plan approval. This review is limited to those changes only. The remainder of the site is subject to all previous conditions of approval for the controlling site plan. The staff has determined that the building design is compliant with the design guidelines of the DT District. The Planning and Zoning Commission recommended approval subject to review on May 8, 2003. Applicant Frank Bliss, 1362 Lakeview Drive, Southlake, Texas, answered Council's questions on this item. No one spoke during the public hearing. CITY COUNCIL MEETING MINUTES, MAY 20, 2003, PAGE 6 OF 8 Motion was made to approve ZA03 -022 subject to Site Plan Review Summary No. 1, dated May 2, 2003. Motion: Standerfer Second: Evans Ayes: Standerfer, Stephen, Evans, Shankland, Morris, Wambsganss Nays: None Approved: 6 -0 Agenda Item No. 7H. Resolution No. 03 -035 (ZA03 -019) Specific Use Permit for the sale of alcoholic beverages at Feedstore BBQ. Senior Planner Dennis Killough presented this item to the Council. This property is located at 530 South White Chapel Boulevard. Current Zoning is C -1 Neighborhood Commercial District. The request is to allow the sale of alcoholic beverages at the Feedstore BBQ restaurant. The site exceeds the minimum distance requirements from churches. There are no public schools or public hospitals in the immediate area. The Planning and Zoning Commission recommended approval on May 8, 2003. No one spoke during the public hearing. In accordance with Section 4.21 of the City Charter, the caption for this item is listed as follows: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS, GRANTING A SPECIFIC USE PERMIT FOR THE SALE OF ALCOHOLIC BEVERAGES FOR ON- PREMISE CONSUMPTION ON PROPERTY WITHIN THE CITY OF SOUTHLAKE, TEXAS, BEING LEGALLY DESCRIBED AS TRACT 4D, SITUATED IN THE HIRAM GRANBERRY SURVEY, ABSTRACT NO. 581, AND BEING APPROXIMATELY 0.612 ACRES, MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A ", AND AS DEPICTED ON THE APPROVED DEVELOPMENT PLAN ATTACHED HERETO AND INCORPORATED HEREIN AS EXHIBIT "B" AND PROVIDING AN EFFECTIVE DATE. Motion was made to approve Resolution No. 03 -035 for a period of ten years. Motion: Shankland Second: Standerfer Ayes: Stephen, Evans, Shankland, Morris, Standerfer, Wambsganss Nays: None Approved: 6 -0 Agenda Item No. 7I. ZA03 -021, Site Plan for King Medical Offices. Senior Planner Dennis Killough presented this item to the Council. This is a proposed site plan for one of the office pad sites approved as part of the Zoning and Concept Plan for the Pecan Creek development. This property is located east of the Villages at Timarron retail commercial site at the southeast corner of Byron Nelson Parkway and Southlake Boulevard. This site is just south of the wine shop and restaurant currently under construction on the south side of the Southlake Boulevard frontage. Current Zoning is 0-1 Office District. The plan proposes a 6,000 square foot medical office. The Planning and Zoning Commission recommended approval on May 8, 2003, subject to review and specifically granting requested variances. Applicant Terry Cunningham, 1903 Central Drive, Bedford, Texas, answered Council's questions on this item. Mr. Cunningham agreed to Council's request of adding either an artificial window or a decorative column on the west side of the building. CITY COUNCIL MEETING MINUTES, MAY 20, 2003, PAGE 7 OF 8 No one spoke during the public hearing. Motion was made to approve ZA03 -021 subject to Site Plan Review Summary No. 2, dated May 2, 2003, granting the variances requested with the exception of the second variance request in which the applicant is required to provide either a bump -out or an architectural element such as a decorative window on the west side of the building. Motion: Standerfer Second: Shankland Ayes: Shankland, Morris, Standerfer, Stephen, Evans, Wambsganss Nays: None Approved: 6 -0 Agenda Item 10A. Consideration of 380 Agreement and Developer's Agreement for Pin Oak Estates. Motion was made as a result of the Executive Session. Agenda Item 11A. Discussion of senior - related transportation issues. Not discussed this evening. Agenda Item 11B. Discussion of City Council project prioritization process. Economic Development Director Greg Last made a presentation to Council during Work Session. Agenda Item 12. Meeting Adjourned. With there being no further business to discuss, Mayor Wambsganss asked for a motion to adjourn the meeting at 8:31 p.m. Motion: Standerfer Second: Shankland Ayes: Shankland, Morris, Standerfer, Stephen, Evans, Wambsganss Nays: None Approved: 6 -0 '' �. Andy Wambsganss .••` U TH 0 , .... r Mayor 5 .( ATTEST: © �c • °•' ° ° s F ��s ? 5 o/,� j / / . rl// � -U m J � Lori A. Farwell "'•••• ° °° City Secretary ° 0 '0A *,e •` ��•`• • ° ° CITY COUNCIL MEETING MINUTES, MAY 20, 2003, PAGE 8 OF 8