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2001-08-07REGULAR CITY COUNCIl, MEETING TOWN HAl. L, 1400 MAIN STREET SOUTHLAKE, TEXAS MINUTES AUGUST 7, 2001 COUNCILMEMBERS PRESENT: Mayor Rick Stacy; Mayor Pro Tern W. Ralph Evans; Councilmembers: Greg Standerfer, Tom Stephen, and Keith Shankland. COUNCILMEMBERS ABSENT: Councilmembcr Rex Potter· Deputy Mayor Pro Tem Patsy DuPre and STAFF PRESENT: City Manager Billy Campbell; Assistant City Manager Shana Yelverton; Assistant to the City Manager John Eaglen; Director of Finance Sharen Elam; Director of Economic Development Greg Last; Director of Community Services Kevin Hugman; Director of Public Safety Ricky Black; Director of Planning Bruce Payne; Senior Planner Dennis Killough; Director of Public Works Pedram Farahnak; Senior Engineer Charlie Thomas; Assistant to the Director of Public Works Valerie Bradley; City Attorney Dcbra Drayovitch; and, City Secretary Sandra L. LeGrand. WORK SESSION: The Work Session was called to order at 5:48 p.m. by Mayor Rick Stacy. The work session is audio and videotape recorded for future reference. Copies are available from the Office of the City Secretary. During thc work session, items were moved to the consent agenda, including: #7- D, to table and continuc the public hearing; Item #7-I, to table and continue the public hearing; #8-A, to table; #8-B, and Items #10-A, and #10-B. The work session ended at 6:00 p.m. REGULAR CITY COUNCIL MEETING Agenda Item # 1-A~ Call To Order Mayor Rick Stacy called the Regular City Council meeting to order at 6:06 p.m. The City Council meetings are video and audio tape-recorded for future reference and copies are availablc upon request from the Office of the City Secretary. Agenda Item #2-A~ Executive Session Mayor Rick Stacy advised the audience that the City Council would be going into Executive Session pursuant to the Texas Government Code, Sections 551.071, 551.072, 551.073, 55/.074, 551.086 to seek legal advise from the City Attorney; to deliberate Regular City Council Meeting Minutes of August 7, 2001 Page I of 13 regarding real properO' matters; to deliberate regarding a prospective gift; to deliberate re~qarding personnel matters; to deliberate regarding security devices, and/or to deliberate regarding economic development negotiations. Council adjourned into executive session at 6:07p. m. Council returned to open session at 7:lOp. re. Agenda Item #2-B, Action Necessary/Executive Session No action was taken as the result of the executive session. Agenda Item #3~ Invocation and Pledl!e to the Fla~, Chaplain of the Month Scott Berry of First Baptist Church of Southlake led the invocation followed by the Pledge of Allegiance to the Flag. Agenda Item #4-A~ Mayor's Report Mayor Stacy made the following announcements: A budget work session will be held on Monday, August 13, beginning at 6:30 p.m. Items to be discussed include Town Square Developer's Agreement for Phase 1, and the remaining phases. A Town Hall parking agreement will also be discussed. August 16, at 9:00 a.m. The groundbreaking ceremony celebrating the first phase of the new Verizon Wireless Network Conservation and Control Center in Southlake. The event will take place on the comer of Dove Road and Kirkwood Boulevard. August 20, 7:00 p.m. A Joint Neighborhood Forum for SPIN #5 and #12 will be held in the Old City Council Chambers at 667 North Carroll Avenue. Topic: Discussion of issues related to the proposed Phase IV Neighborhood Sewer Project for llunter's Ridgc, Randol Mill Estates, Shadow Creek and Trail Creek Phase I. Agenda ltem #4-B~ City Manager's Report City Manager Billy Campbell reported on a treatment that has been completed on a couple of floors in Town Hall and said the process will be done on all the floors. Agenda Item #4-C, SPIN Report Mike Conrads, 108 Sphngbrook Court, Southlake, Texas, who is filling in for SPiN Representative #9e, made the SPIN Report. Mr. Conrads reported on several SPIN meetings including: Regular City. Council Meeting Minutes of August 7, 2001 Page 2 of 13 August 8, 7:00 p.m. Cross-Timber Hills Addition, discussing sewer issues. August 14, 6:30 p.m. SPIN Standing Committee meeting. August 22, 7:00 p.m. SPIN //15, Rezoning of Pearson Lane. 3'd floor conference room at Town Hall. SPIN #9e will meet to discuss the eastern half of Timarron property, next to Classic Caf6 for restaurant and office use. SPIN will be used to get input for getting overview of the Master Land Use Plan, coming up for their fall activity. Mr. Conrads commented on the open position for SPIN Representative in #9w. Agenda Item #4-D~ Library Board Report Maria Cameron, chairman of the Library Board, gave the monthly report to Council. She stated they have been working hard and said several library policies will be coming forward in the near future. Progress is being made including: the computers in the library will be operational next week; the books are starting to come in and to date they have received 10% of thc books; and the display cases have been installed. She commented that Karen Cienki has been appointed as a representative to the North Texas Regional Library Services [NTRLS]. Agenda Item #4-E~ Report from the Southlake Crime Control Board Martin Schelling, chairman of the Southlake Crime Control and Prevention District, presented the Annual Program Evaluation. "The Southlake Crime Control and Prevention District was created by the Southlake voters in November 1997 and a half- cent sales tax to fund the District was authorized. Voters dictated that the City Council appoints an independent Board of Dircctors to oversee the District. The Board of Directors was subsequently appointed by the City Council for the District and began its work in December with the identification of specific strategies for addressing public safety within the city and the development and adoption of a budget to accomplish the strategies. State law requires the District to fund an annual evaluation program to study the impact, efficiency, and effectiveness of new or expanded crime control and prevention programs. This report examines each identified strategy for the Southlake Crime Control and Prevention District. Areas discussed include: Strategy One: Enhancing Community Safety Through Modern, Efficient Facilities; Strategy Two: Enhancin~ Community Safety Through the Use of Modem Technology & Equipment; Strategy Three: Enhanced Community Safety Through Professional Development; Strategy Four: Enhance Community Safety Through Special Police Initiatives. A copy of the Annual Program Evaluation is hereby attached to the minutes of this meeting. Regular City Council Meeting Minutes of August 7, 2001 Page 3 of 13 Agenda Item #5~ Consent Agenda Mayor Stacy stated that all items listed below are considered to be routine by the City Council and will be enacted with one motion. There will be no separate discussion of itcms unless a Councilmember or citizen so requests, in which event the item will be removed from the general order of business and considered in its normal sequence. 5-A Approval ofminutcs of the Regular City Council meeting held July 17, 2001. The minutes of the July 17, 2001, City Council meeting ~vere approved as presented. 5-B. Award of bid to Choate Irrigation for irrigation improvements at Chesapeake Park. The land for this park was dedicated to the City by the original developer of Chesapeake Place. An SPDC Matching Funds grant was approved in February 2000 with Vista Oaks Development for the construction of Chesapeake Park. Due to the lack of progress and quality of work provided, the City took the project over in March 2001. After completing some park items, the developer paid to the City $35,826 to cover their remaining construction cost. In addition, $35,794 in unspent matching funds also remains to cover the costs of final grading, irrigation, and landscape installation. The project is scheduled for completion this fall. This item is one of the few major items remaining to complete this phase of the park construction, and is within the original estimated budget. The SPDC approved the award of bid (6-0) at its July 23, 2001, meeting. 5-C. Award of bid to Sturdisteel Company for bleachers and approval of Change Order No. 1 for additional bleachers. The bleachers are budgeted in the FY 2000-01 SPDC CIP for Bob Jones Park soccer fields ($35,000 for bleachers and player benches). Change Order No. 1 is to purchase additional bleachers for the soccer fields and for the Southlake Tennis Center, to take advantage of the vendor price offered. Staff recommends approval of the award of bid and Change Order No.1 to Sturdisteel Company for a total amount of $17,068. SPDC approved the award of bid (6-0) at the July 23 meeting. 5-D. Award of bid to R.J. Thomas Manufacturing Company for player benches. This item is also related to Agenda Item #5-C and is part of the budget item for bleachers and player benches for Bob Jones Park soccer fields. Staff recommends award of bid to R.J. Thomas Manufacturing Company in the amount of $6,726.20. SPDC approved the award of bid (6-0) at its July 23 meeting. Regular City Council Meeting Minutes of August 7, 2001 Page 4 of 13 5-E. Approval of Tarrant County Tax Collection Contract This is the annual renewal of the contract with Tarrant County for the collection of property taxes 1bt the City of Southlake. The County's estimated cost of FY 2001-02 is approximately $5,000. This is at a cost of $0.50 per transaction, an increase of $0.10 from last year. This is still an excellent price considering that the city could not hire even one cmployee to conduct this function at this rate. 5-F. Resolution No. 01-054 Check Signing Policy 5-1. This itcm was removed from the agenda. Resolution No. 01-149, Amending City Fee Schedule to include cleanup fees associated with community usage of Town Hall facility The proposed amendments to the Fee Schedule were approved as part of the Town Hall Use Policy at the last City Council meeting. At the time of consideration staff indicated that upon approval of the policy, a resolution to amend the fee schedule to include the fees associated with community usage of Town Hall would be placed on the next meeting agenda for consideration. Authorize the Mayor to execute a Commercial Developer's Agreement for Green Meadows Subdivision, Lots 4R1-4R7. The final plat for Green Meadows Subdivision was approved in 1974. Lots 4R1 through 4R7 were platted into seven lots by revision on July 17, 2001, and are located at the northwest comer of South Kimball Avenue and East Continental Boulevard. The subdivision consists of 12.672 acres. Right-of-way for South Kimball Avenue and East Continental Boulevard was previously dedicated. The sanitary sewer line is being installed within thc right-of-way of South Kimball Avenue and East Continental Boulevard. The water line exists in the right-of-way of South Kimball Avenue and East Continental Boulevard. This developer's agreement covers the construction of a sanitary sewer line to serve the site. No waiver or credits are requested. This property ,*'as platted prior to the park fee requirement. Approval of the site plan will come at a later date. Resolution No. 01-036, Appointments to Crime Control and Prevention District Board This item was tabled to the September 4, 2001, City Council meeting whereby a full council will be present. Ordinance No. 805, 1st Reading, Appointing a Municipal Judge and authorizing the Mayor to execute an agreement with the Municipal Judge and providing an effective date. Regular City Council Meeting Minutes of August 7, 2001 Page 5 of 13 l'he State Statutes rcquire that Municipal Judges be appointed by ordinance. The ordinance makes reference to separate agreements for naming the judge, setting thc salary, duties, terms of appointment, etc. The Municipal Judge's agreement differs in that it includes phone and pager equipment. Ordinance No. 806, Ist Reading, Appointment of an Altemate Municipal Judge and authorizing the Mayor to execute an agreement with the Alternate Judge and providing an effective date. Same explanation as Itcm #5-J. 5-L. ZA 01-046, Plat Revision for Timarron Addition-Strathmore, Lot 3R, Block 24, on property legally described as Lot 3, Block 24, Timarron Addition, being 0.344 acres. This property is located at 1204 Strathmore Drive on the west side approximately 300' south of East Continental Boulevard. The purpose of this request is to revise the 100-year flood plain based on a Letter of Map Revision (LOMR) submitted to the Corps of Engineers and to abandon a portion of a drainage easement. The LOMR has been received and the City Engineer agrees with the information provided on the plat with respect to the LOMR received. There are no unresolved issues related to this request. The Planning and Zoning Commission approved this item on July 19, 2001, subject to the plat review summary. ZA 01-069, Plat Revision on property legally described as Lot 2, John A. Freeman No. 529 Addition and Tracts 2 and 2B2 of the John A. Freeman Survey, Abstract No. 529. Current zoning is "O-1" Office District. This property is located on the south side of East Southlake Boulevard (FM 1709) being approximately 430' west of Westwood Drive. This includes the lot for the future Bank One building (Lot 2). This plat is in compliance with the previously approved concept plan and Preliminary Plat. The Planning and Zoning Commission approved on July 19, 2001 subject to the plat review summary. ZA 01-084, Plat Revision on property legally described as Block 1, 2R, 3R, 4, and 5 Southlake Town Square, Phase I. This plat includes the blocks currently constructed upon in the Southlake Town Square, Phase 1, boundary. The purpose of this request is to place each building within its own 10t for financing purposes. There are no significant issues related to this request. The Planning and Zoning Commission approved July 19, 2001, subject to the plat review summary. Regular City Council Meeting Minutes of August 7, 2001 Page 6 of 13 ZA 00-044, Variance to the Subdivision Ordinance No. 483, Section 4.01(1) 2 (Plat Expiration), as amended extending the validity of Case No. ZA 00-044 Final Plat, [Jot 1, Block 1, Remington Addition. This is a variance request to thc subdivision ordinance regarding plat expiration. The final plat for this property expired in July of 2000. The development plans and construction of this property were delayed due to changes in the management team for the project. Viranda Senior Communities is planning to pursue construction of the senior living community and is requesting that the plat be cxtended for 90 days following the Council action. City staff has no concerns with this request. The alternative would be for the applicant to resubmit a final plat application and go back before the Planning and Zoning Commission. Resolution No. 01-056 (ZA 01-073), Specific Use Permit for the sale of alcoholic beverages for off-premise consumption per Zoning Ordinance No. 480, Section 45.1 (1) and Section 45.6, on property legally described as portions of Lots 1 & 2, Block B, Commerce Business Park, being 3.029 acres. This item was tabled at the request of the applicant to the August 21, 2001, City Council meeting, continuing the public hearing to that date. Ordinance No. 480-372, 1st Reading (ZA 01-072) Rezoning and Site Plan for Quik Trip, on property legally described as portions of Lots 1 & 2, Block B, Commerce Business Park, being 3.029 acres. Current zoning is "1-1" Industrial District and "S-P-l" Detailed Site Plan District. Requested Zoning is "S-P-I" Detailed Site Plan District with "C-2" Local Retail Commercial District uses to 10-A. include Gas Station with Convenience Store. This item was tablcd at the requcst of the applicant to the August 21, 2001, City Council meeting. ZA 01-075, Preliminary Plat for Kirkwood Hollow, Phase 111, on property legally described as Tract 1E, out of the J.B. Martin Survey, Abstract No. 1134, and Tracts 1, lB, lC, lC1, 1C2, 1D, 1DI~ 1E, 1El, 1F, 1Fl, 1G, 1H, and 1J1, out of the R.D. Price Survey, Abstract No. 1207, totaling 29.46 acres. Current zoning is ~'R-PUD" Residential Planned Unit Development District. This property is located north of West Dove Street between Kirkwood Boulevard and North Whitc Chapel Boulevard. This is the final phase of the Kirkwood Hollow residential development. The plat proposes 49 residential lots, 4 common areas and two public park dedications. The plat is in compliance with the approved development plan. Request for a variance to Sign Ordinance No. 704-A for Sally Beauty Supply located at 2125 West Southlake Boulevard, Suite 375. Regular City Council Meeting Minutes of August 7, 2001 Page 7 of 13 Drews Realty, representing Sally Beauty Supply is proposing the installation of an oversized attached sign on the storefront of Sally Beauty Supply located at 2125 West Southlake Boulevard, Suite 275. Sign Ordinance No. 704-A allows the overall area of attached signs to be 0.75 square feet for every one-foot of building or lease space, not to excccd 400 square feet. The storefront is 19 feet, which would allow a sign area of 14.25 square feet pcr ordinance. The proposed sign is 24 square feet, nearly 10 fect over the allowed area. 10-B~ Request for a variance to Sign Ordinance No. 704-A for Brook Mays Music located at 2105 West Southlake Boulevard, Suite 225. Drews Realty, representing Brook Mays Music, is proposing the installation of an oversized sign on the storefront of Brook Mays Music, located at 2105 West Southlake Boulevard, Suite 225. Sign Ordinance No. 704-A allows the overall area of attached signs to be 0.75 square feet for every one-foot of width of the building or leas space, not to exceed 400 square feet. The storefront is 71 feet, which would allow a sign area of 5.25 square feet per ordinance. The proposed sign is 107 square feet; 100% larger than the allowed area. Motion was made to approve the Consent agenda as the Mayor read into the record including: Removing Item #5-F from the agenda; Tabling Item #5-1 to September 4, City Council meeting; Approving Item #5-J, deleting Item #12 from the agreement [regarding TMRS Retirement] and providing an effective date; Approving Item #5-K, naming Andy Wambsganss as Alternate Judge; Tabling Item #7-1, at the request of the applicant and continuing the public hearing at the August 21,2/)01, City Council meeting; Tabling Item #8-A, at the request of the applicant to the August 21, 2001, City Council meeting; Approving Item #8-B, as presented; Approving Items #8-A, and #8-B as presented. Motion: Second: Ayes: Nays: Abstention: Approved: Standerfer Stephen Standerfer, Stephen, Evans, Shankland, Stacy None Stacy abstained from voting on items #7-1 and #8-A 5-0 vote Agenda Item #6, Public Forum No comments were received during the public forum. Agenda Item #7-A~ Ordinance No. 789-A~ 2nd Reading Amending Ordinance No. 789~ amending Fiscal Year 2000-01 Annual Budget Ordinance No. 789-A, provides for amendment of the FY 2000-01 Budget. Council was provided a detailed explanation of all requests in their June Retreat Packet. The requests include $112,209 for additional personnel, $68,676 in operational and $227,195 for additional capital items. With these changes, the fund balance stands a 25.2%, exceeding the rcquirements of our fund balance policy. Regular City Council Meeting Minutes of August 7, 2001 Page 8 of 13 PUBLIC HEARING: No comments were made during the public hearing. Motion was madc to approve Ordinance No. 789-A, as presented in second reading. Motion: Standerfcr Second: Evans Ayes: Standerfer, Evans, Stephen, Shankland, Stacy Nays: None Approved: 5-0 vote Agenda Item #7-B~ Approval of Crime Control FY 2001-02 Operatin~ Budget and Multi-Year CIP. The Operating Budget and Multiyear CIP Budget for the Crime Control and Prevention District was approved by the Board of Directors on July 18, 2001. The budget provides for the continuation of the SRO funding, lease payment for the police 800 mhz radio system, and annual debt service payment. The multiyear CIP budget provides for the construction of the West facility. The City Council is required to approve or reject the budget submitted by the board; the governing body and the board shall meet and together amend and approve thc budget before the beginning of the fiscal year. The operating budget includes projected sales tax and interest income of $2,324,768, $259,478 for two School Resource Officers and related equipment and $2,253,715 for debt service payments. A copy of the information provided is hereby attached to the minutes of this meeting. PUBi,IC HEARING: No comments wcre made during the public hearing. Motion was made to approve the Crime Control FY 2001-02 Operating Budget and multi-year CIP as presented. Motion: Evans Sccond: Standerfer Ayes: Evans, Standerfer, Stephen, Shankland, Stacy Nays: None Approved: 5-0 vote Agenda Item #7-C~ Ordinance No. 804~ 2''0 Reading~ Amending Chapter 18~ Article llI~ Section 18-80 of the Southlake City Code. Ordinance No. 804, 2nd Reading, amending Chapter 18, Article III, section 18-80, of the Southlake City Code, to include a portion of South Carroll Avenue, east Continental Boulevard and Breeze Way adjacent to Old Union Elementary School, as a designated school zone and a portion of South Kimball Avenue adjacent to George Dawson Middle School and Clebume Eubanks Intermediate School as a designated school zone. Carroll Independent School District will open the new Old Union Elementary School on August 15, 2001. As the access to the school is off South Carroll Avenue, East Continental Regular City Council Meeting Minutes of August 7, 2001 Page 9 of 13 Boulevard and Breeze Way, a school zone has been requested. On August 15, 2001, Cleburne Eubanks Intermediate School will open with access off South Kimball Avenue; and in August 2002, George Dawson Middle School will open with access off South Kimball Avenue. A school zone has been requested for the two schools, which are on the same campus. The school zones change thc speed limit to 20 mph between 30 minutes before and after the opening of school and between 30 minutes before and after the closing of school in the above locations. The purchase of school flashers was included in the FY 2000-01 CIP and the purchase of the flashers was approved by City Council on June 5, 2001. The Public Works Department crew will install flashers and necessary signs using City funds. Crosswalks will be added on thc streets at the appropriate locations. PUBLIC HEARING: No comments were made during the public hearing. Motion was made to approve Ordinance No.804, second reading, as presented. Motion: Second: Ayes: Nays: Approved: Standerfer Stephen Standerfer, Stephen, Evans, Shankland, Stacy None 7-0 vote Agenda Item No. 7-D~ Ordinance No. 480-364~ 2"0 Reading (ZA 01-027) Ordinance No. 480-364, 2nd Reading (ZA 01-027), Rezoning and Development Plan for Hidden Creek Estates (f.k.a. Haltom Creek Estates) was tabled tonight as a super majority of the City Council is not present. PUBLIC HEARING: Nanql, Moffat, presenled a letter for the record dated August 7, 2001. Motion was made to table Ordinance No. 480-364, 2nd Reading to the August 21, 2001, City Council meeting, continuing the public hearing to that date. Motion: Second: Ayes: Nays: Approved: Standerfer Shankland Standerfer, Shankland, Stephen, Evans, Stacy None 5-0 vote (to table) Agenda Item #7-E, Ordinance No. 480-371, 2nd Readin~ (ZA 01-080} Ordinance No. 480-371, 2® Reading (ZA 01-080) Zoning Change for J.J. Freshour Lot 11, on property legally described as Tracts 3D1, 3D2A, and 3D2, of the J.J. Freshour Survey, Abstract No. 521, and being 5.0 acres. Current zoning is "AG" Agricultural District with a requested zoning of "SF-1A" Single Family Residential District. Regular City Council Meeting Minutes of August 7, 2001 Page 10 of 13 Senior Planner Dennis Killough presented this case noting the purpose of this request is to bring the property into compliance with city subdivision and zoning regulations. The applicant is seeking a building permit for construction of a new home. He noted that a change of zoning to the "SF-1A" Single Family District does not require a concept plan. The city staff has approved a single lot plat for this property subject to approval of an appropriate change of zoning. PUBLIC HEARING: No comments were made during the public hearing. Motion was made to approve Ordinance No. 480-371, second reading. Motion: Standerfer Second: Stephen Ayes: Standerfer, Stephen, Shankland, Evans, Stacy Nays: None Approved: 5-0 vote Agenda Item #7-F, ZA01-054, Site Plan for Red Lobster ZA01-054, Site Plan for Red Lobster, on property legally described as Lots 7 & 8, Block A, Southlake Bank Place, being 2.2 acres. Current zoning is "C-3" General Commercial District. Senior Planner Dennis Killough presented ZA01-054, noting that the purpose of this request is to site plan a 7,170 square foot restaurant, and provide for a future building site. This property is located on the west side of State Highway 114, approximately 500' south of East Southlake Boulevard. Kirby's Steakhouse is to the north and IHOP is adjacent to this site on the south. The property faces the access road for State Highway 114. The Planning and Zoning Commission approved (7-0) granting the requested variance for stacking depth. Killough stated the following variance needs council action: Building articulation Driveway stacking depth Mayor Stacy commented on the parking and stated he hoped that the City is providing adequate parking. He noted that on most of the restaurant sites such as this, parking is an issue. Wind), Hutchins, Architect for Red Lobster, 8235 Douglas Lane, Dallas. Ms. Hutchins commented on the variances and stated they would comply with the city standards on articulation and driveway stacking depth. PUBI,1C HEARING: No comments were made during the public hearing. Motion was to approve ZA01-054, subject to granting variances on the stacking depth and articulation. It was understood that the applicant would work with to City staff to come into compliance to the variances. Regular CiD' Council Meeting Minutes of August 7, 2001 Page 11 of 13 Motion: Evans Second: Standerfer Ayes: Evans, Standerfer, Stephen, Shankland, Stacy Nays: None Approved: 5-0 vote Agenda Item #7-G~ Resolution No. 01-055~ (ZA01-071)~ Specific Use Permit for Sale of Alcoholic Beverages for On-premise Consumption for Red Lobster Resolution No. 01-055 (ZA01-071), Specific Use Permit for the sale of alcoholic beverages for on-premise consumption per Zoning Ordinance No. 480, per Zoning Ordinance No. 480, Section 45.1(1) and Section 45.6 on property legally described as Lots 7 & 8, Block A, Southlake Bank Place, being 2.2 acres. Current zoning is "C-3" Gcncral Commercial District. Senior Planncr Dennis Killough stated a site plan is being processed concurrently with this applicant. This site shall be subject to all conditions of approval for that application. The Planning and Zoning Comnfission approved this request on July 19, 2001 (7-0). PUBLIC HEARING: No comments were made during this public hearing. Motion was made to approve Resolution No. 01-055, as submitted. Motion: Standerfer Second: Evans Ayes: Standerfer, Evans, Stephen, Stacy Nays: Shankland Approved: 4-1 vote Agenda Item #7-H~ ZA01-074~ Revised Site Plan for Phase L Stage 4~ Southlake Town Square ZA01-074, Revised Site Plan for Phasc I, Stage 4, Soathlake Town Square on property legally described as Block 1, Southlake Town Square, Phase 1. Current zonings .... NR- PUD" Non-Residential Planned Unit Development. Senior Planner Dennis Killough stated the purpose of this request is to acquire a building permit for Building lC in Block 1 of Southlake Town Square and relocate parking spaces. The building footprint was approved with the original development plan. The primary purpose of this request is to approve the building design. The Planning and Zoning Commission approved this item on July 19, 2001, (7-0) granting requested Yariance (Item 1), which is the facade articulation. He noted the articulation is deficient, both horizontally and vertically, in offset width and lengths. However, the structure appears to conform to the architecture and style of previously approved site plans in Town Square. Regular City Council Meeting Minutes of August 7, 2001 Page 12 of 13 Frank Bliss, Cooper & Stebbins, 1362 Lakeview Drive, Southlake. Mr. Bliss explained thc request to Council and noted this boilding should be open July 2002. PUBLIC HEARING: No comments were made during the public hearing. Motion was made to approve ZA01-074, Revised Site Plan for Phase 1, Stage 4, and Southlakc Town Square. Motion: Standerfer Second: Evans Ayes: Standerfer, Evans, Shankland, Stephen, Stacy Nays: None Approved: 5-0 vote Agenda Item #12~ Ad,iournment Mayor Rick Stacy adjourned the meeting at 8:27 p.m. IV~yot Rick Stacy ATTEST: Sandra L. LeGrand City Secretary Regular City Council Meeting Minutes of August 7, 2001 Page 13 of 13 REGULAR CITY COUNCIL MEETING TOWN HALL, 1400 MAIN STREET SOUTHLAKE, TEXAS MINUTES AUGUST 7, 2001 COUNCILMEMBERS PRESENT: Mayor Rick Stacy; Mayor Pro Tem W. Ralph Evans; Councilmembers: Greg Standerfer, Tom Stephen, and Keith Shankland. COUNCILMEMBERS ABSENT: Deputy Mayor Pro Tem Patsy DuPre and Councilmember Rex Potter. STAFF PRESENT: City Manager Billy Campbell; Assistant City Manager Shana Yelverton; Assistant to the City Manager John Eaglen; Director of Finance Sharen Elam; Director of Economic Development Greg Last; Director of Community Services Kevin Hugman; Director of Public Safety Ricky Black; Director of Planning Bruce Payne; Senior Planner Dennis Killough; Director of Public Works Pedram Farahnak; Senior Engineer Charlie Thomas; Assistant to the Director of Public Works Valerie Bradley; City Attorney Debra Drayovitch; and, City Secretary Sandra L. LeGrand. WORK SESSION: The Work Session was called to order at 5:48 p.m. by Mayor Rick Stacy. The work session is audio and videotape recorded for future reference. Copies are available from the Office of the City Secretary. ■ During the work session, items were moved to the consent agenda, including: #7- D, to table and continue the public hearing; Item #7 -I, to table and continue the public hearing; #8 -A, to table; #8 -B, and Items #10 -A, and #10 -B. The work session ended at 6:00 p.m. REGULAR CITY COUNCIL MEETING Agenda Item # 1 -A, Call To Order Mayor Rick Stacy called the Regular City Council meeting to order at 6:06 p.m. The City Council meetings are video and audio tape- recorded for future reference and copies are available upon request from the Office of the City Secretary. Agenda Item #2 -A, Executive Session Mayor Rick Stacy advised the audience that the City Council would be going into Executive Session pursuant to the Texas Government Code, Sections 551.071, 551.072, 551.073, 551.074, 551.086 to seek legal advise from the City Attorney; to deliberate Regular City Council Meeting Minutes of August 7, 2001 Page 1 of 13 regarding real property matters; to deliberate regarding a prospective gift; to deliberate regarding personnel matters; to deliberate regarding security devices, and /or to deliberate regarding economic development negotiations. Council adjourned into executive session at 6:07p.m. Council returned to open session at 7:10 p.m. Agenda Item #2 -B, Action Necessary /Executive Session No action was taken as the result of the executive session. Agenda Item #3, Invocation and Pledge to the Flag Chaplain of the Month Scott Berry of First Baptist Church of Southlake led the invocation followed by the Pledge of Allegiance to the Flag. Agenda Item #4 -A, Mayor's Report Mayor Stacy made the following announcements: • A budget work session will be held on Monday, August 13, beginning at 6:30 p.m. Items to be discussed include Town Square Developer's Agreement for Phase 1, and the remaining phases. A Town Hall parking agreement will also be discussed. • August 16, at 9:00 a.m. The groundbreaking ceremony celebrating the first phase of the new Verizon Wireless Network Conservation and Control Center in Southlake. The event will take place on the corner of Dove Road and Kirkwood Boulevard. • August 20, 7:00 p.m. A Joint Neighborhood Forum for SPIN #5 and #12 will be held in the Old City Council Chambers at 667 North Carroll Avenue. Topic: Discussion of issues related to the proposed Phase IV Neighborhood Sewer Project for Hunter's Ridge, Randol Mill Estates, Shadow Creek and Trail Creek Phase I. Agenda Item #4 -B, City Manager's Report City Manager Billy Campbell reported on a treatment that has been completed on a couple of floors in Town Hall and said the process will be done on all the floors. Agenda Item #4 -C, SPIN Report Mike Conrads, 108 Springbrook Court, Southlake, Texas, who is filling in for SPIN Representative #9e, made the SPIN Report. Mr. Conrads reported on several SPIN meetings including: Regular City Council Meeting Minutes of August 7, 2001 Page 2 of 13 o August 8, 7:00 p.m. Cross- Timber Hills Addition, discussing sewer issues. o August 14, 6:30 p.m. SPIN Standing Committee meeting. o August 22, 7:00 p.m. SPIN #15, Rezoning of Pearson Lane. 3 floor conference room at Town Hall. o SPIN #9e will meet to discuss the eastern half of Timarron property, next to Classic Cafe for restaurant and office use. o SPIN will be used to get input for getting overview of the Master Land Use Plan, coming up for their fall activity. Mr. Conrads commented on the open position for SPIN Representative in #9w. Agenda Item #4 -D, Library Board Report Maria Cameron, chairman of the Library Board, gave the monthly report to Council. She stated they have been working hard and said several library policies will be coming forward in the near future. Progress is being made including: the computers in the library will be operational next week; the books are starting to come in and to date they have received 10% of the books; and the display cases have been installed. She commented that Karen Cienki has been appointed as a representative to the North Texas Regional Library Services [NTRLS]. Agenda Item #4 -E, Report from the Southlake Crime Control Board Martin Schelling, chairman of the Southlake Crime Control and Prevention District, presented the Annual Program Evaluation. "The Southlake Crime Control and Prevention District was created by the Southlake voters in November 1997 and a half - cent sales tax to fund the District was authorized. Voters dictated that the City Council appoints an independent Board of Directors to oversee the District. The Board of Directors was subsequently appointed by the City Council for the District and began its work in December with the identification of specific strategies for addressing public safety within the city and the development and adoption of a budget to accomplish the strategies. State law requires the District to fund an annual evaluation program to study the impact, efficiency, and effectiveness of new or expanded crime control and prevention programs. This report examines each identified strategy for the Southlake Crime Control and Prevention District. Areas discussed include: Strategy One: Enhancing Community Safety Through Modern, Efficient Facilities; Strategy Two: Enhancing Community Safety Through the Use of Modern Technology & Equipment; Strategy Three: Enhanced Community Safety Through Professional Development; Strategy Four: Enhance Community Safety Through Special Police Initiatives. A copy of the Annual Program Evaluation is hereby attached to the minutes of this meeting. Regular City Council Meeting Minutes of August 7, 2001 Page 3 of 13 Agenda Item #5, Consent Agenda Mayor Stacy stated that all items listed below are considered to be routine by the City Council and will be enacted with one motion. There will be no separate discussion of items unless a Councilmember or citizen so requests, in which event the item will be removed from the general order of business and considered in its normal sequence. 5 -A Approval of minutes of the Regular City Council meeting held July 17, 2001. The minutes of the July 17, 2001, City Council meeting were approved as presented. 5 -B. Award of bid to Choate Irrigation for irrigation improvements at Chesapeake Park. The land for this park was dedicated to the City by the original developer of Chesapeake Place. An SPDC Matching Funds grant was approved in February 2000 with Vista Oaks Development for the construction of Chesapeake Park. Due to the lack of progress and quality of work provided, the City took the project over in March 2001. After completing some park items, the developer paid to the City $35,826 to cover their remaining construction cost. In addition, $35,794 in unspent matching funds also remains to cover the costs of final grading, irrigation, and landscape installation. The project is scheduled for completion this fall. This item is one of the few major items remaining to complete this phase of the park construction, and is within the original estimated budget. The SPDC approved the award of bid (6 -0) at its July 23, 2001, meeting. 5 -C. Award of bid to Sturdisteel Company for bleachers and approval of Change Order No. 1 for additional bleachers. The bleachers are budgeted in the FY 2000 -01 SPDC CEP for Bob Jones Park soccer fields ($35,000 for bleachers and player benches). Change Order No. 1 is to purchase additional bleachers for the soccer fields and for the Southlake Tennis Center, to take advantage of the vendor price offered. Staff recommends approval of the award of bid and Change Order No.l to Sturdisteel Company for a total amount of $17,068. SPDC approved the award of bid (6 -0) at the July 23 meeting. 5 -D. Award of bid to R.J. Thomas Manufacturing Company for player benches. This item is also related to Agenda Item #5 -C and is part of the budget item for bleachers and player benches for Bob Jones Park soccer fields. Staff recommends award of bid to R.J. Thomas Manufacturing Company in the amount of $6,726.20. SPDC approved the award of bid (6 -0) at its July 23 meeting. Regular City Council Meeting Minutes of August 7, 2001 Page 4 of 13 5 -E. Approval of Tarrant County Tax Collection Contract This is the annual renewal of the contract with Tarrant County for the collection of property taxes for the City of Southlake. The County's estimated cost of FY 2001 -02 is approximately $5,000. This is at a cost of $0.50 per transaction, an increase of $0.10 from last year. This is still an excellent price considering that the city could not hire even one employee to conduct this function at this rate. 5 -F. Resolution No. 01 -054 Check Signing Policy This item was removed from the agenda. 5 -G. Resolution No. 01 -149, Amending City Fee Schedule to include cleanup fees associated with community usage of Town Hall facility The proposed amendments to the Fee Schedule were approved as part of the Town Hall Use Policy at the last City Council meeting. At the time of consideration staff indicated that upon approval of the policy, a resolution to amend the fee schedule to include the fees associated with community usage of Town Hall would be placed on the next meeting agenda for consideration. 5 -H. Authorize the Mayor to execute a Commercial Developer's Agreement for Green Meadows Subdivision, Lots 4R1 -4R7. The final plat for Green Meadows Subdivision was approved in 1974. Lots 4R1 through 4R7 were platted into seven lots by revision on July 17, 2001, and are located at the northwest corner of South Kimball Avenue and East Continental Boulevard. The subdivision consists of 12.672 acres. Right -of -way for South Kimball Avenue and East Continental Boulevard was previously dedicated. The sanitary sewer line is being installed within the right -of -way of South Kimball Avenue and East Continental Boulevard. The water line exists in the right -of -way of South Kimball Avenue and East Continental Boulevard. This developer's agreement covers the construction of a sanitary sewer line to serve the site. No waiver or credits are requested. This property was platted prior to the park fee requirement. Approval of the site plan will come at a later date. 5 -I. Resolution No. 01 -036, Appointments to Crime Control and Prevention District Board This item was tabled to the September 4, 2001, City Council meeting whereby a full council will be present. 5 -J. Ordinance No. 805, lst Reading, Appointing a Municipal Judge and authorizing the Mayor to execute an agreement with the Municipal Judge and providing an effective date. Regular City Council Meeting Minutes of August 7, 2001 Page 5 of 13 The State Statutes require that Municipal Judges be appointed by ordinance. The ordinance makes reference to separate agreements for naming the judge, setting the salary, duties, terms of appointment, etc. The Municipal Judge's agreement differs in that it includes phone and pager equipment. 5 -K. Ordinance No. 806, 1 Reading, Appointment of an Alternate Municipal Judge and authorizing the Mayor to execute an agreement with the Alternate Judge and providing an effective date. Same explanation as Item #5 -J. 5 -L. ZA 01 -046, Plat Revision for Timarron Addition - Strathmore, Lot 3R, Block 24, on property legally described as Lot 3, Block 24, Timarron Addition, being 0.344 acres. This property is located at 1204 Strathmore Drive on the west side approximately 300' south of East Continental Boulevard. The purpose of this request is to revise the 100 -year flood plain based on a Letter of Map Revision (LOMR) submitted to the Corps of Engineers and to abandon a portion of a drainage easement. The LOMR has been received and the City Engineer agrees with the information provided on the plat with respect to the LOMR received. There are no unresolved issues related to this request. The Planning and Zoning Commission approved this item on July 19, 2001, subject to the plat review summary. 5 -M. ZA 01 -069, Plat Revision on property legally described as Lot 2, John A. Freeman No. 529 Addition and Tracts 2 and 2B2 of the John A. Freeman Survey, Abstract No. 529. Current zoning is "0-1" Office District. This property is located on the south side of East Southlake Boulevard (FM 1709) being approximately 430' west of Westwood Drive. This includes the lot for the future Bank One building (Lot 2). This plat is in compliance with the previously approved concept plan and Preliminary Plat. The Planning and Zoning Commission approved on July 19, 2001 subject to the plat review summary. 5 -N. ZA 01 -084, Plat Revision on property legally described as Block 1, 2R, 3R, 4, and 5 Southlake Town Square, Phase I. This plat includes the blocks currently constructed upon in the Southlake Town Square, Phase 1, boundary. The purpose of this request is to place each building within its own lot for financing purposes. There are no significant issues related to this request. The Planning and Zoning Commission approved July 19, 2001, subject to the plat review summary. Regular City Council Meeting Minutes of August 7, 2001 Page 6 of 13 5 -0. ZA 00 -044, Variance to the Subdivision Ordinance No. 483, Section 4.01(1) 2 (Plat Expiration), as amended extending the validity of Case No. ZA 00 -044 Final Plat, Lot 1, Block 1, Remington Addition. This is a variance request to the subdivision ordinance regarding plat expiration. The final plat for this property expired in July of 2000. The development plans and construction of this property were delayed due to changes in the management team for the project. Viranda Senior Communities is planning to pursue construction of the senior living community and is requesting that the plat be extended for 90 days following the Council action. City staff has no concerns with this request. The alternative would be for the applicant to resubmit a final plat application and go back before the Planning and Zoning Commission. 7 -I. Resolution No. 01 -056 (ZA 01 -073), Specific Use Permit for the sale of alcoholic beverages for off - premise consumption per Zoning Ordinance No. 480, Section 45.1 (1) and Section 45.6, on property legally described as portions of Lots 1 & 2, Block B, Commerce Business Park, being 3.029 acres. This item was tabled at the request of the applicant to the August 21, 2001, City Council meeting, continuing the public hearing to that date. 8 -A. Ordinance No. 480 -372, 1 Reading (ZA 01 -072) Rezoning and Site Plan for Quik Trip, on property legally described as portions of Lots 1 & 2, Block B, Commerce Business Park, being 3.029 acres. Current zoning is "I -1" Industrial District and "S -P -1" Detailed Site Plan District. Requested Zoning is "S -P -1" Detailed Site Plan District with "C -2" Local Retail Commercial District uses to include Gas Station with Convenience Store. This item was tabled at the request of the applicant to the August 21, 2001, City Council meeting. 8 -B. ZA 01 -075, Preliminary Plat for Kirkwood Hollow, Phase III, on property legally described as Tract 1E, out of the J.B. Martin Survey, Abstract No. 1134, and Tracts 1, 1B, 1C, 1C1, 1C2, 1D, 1D1, 1E, 1E1, 1F, 1F1, 1G, 1H, and 1J1, out of the R.D. Price Survey, Abstract No. 1207, totaling 29.46 acres. Current zoning is "R -PUD" Residential Planned Unit Development District. This property is located north of West Dove Street between Kirkwood Boulevard and North White Chapel Boulevard. This is the final phase of the Kirkwood Hollow residential development. The plat proposes 49 residential lots, 4 common areas and two public park dedications. The plat is in compliance with the approved development plan. 10 -A. Request for a variance to Sign Ordinance No. 704 -A for Sally Beauty Supply located at 2125 West Southlake Boulevard, Suite 375. Regular City Council Meeting Minutes of August 7, 2001 Page 7 of 13 Drews Realty, representing Sally Beauty Supply is proposing the installation of an oversized attached sign on the storefront of Sally Beauty Supply located at 2125 West Southlake Boulevard, Suite 275. Sign Ordinance No. 704 -A allows the overall area of attached signs to be 0.75 square feet for every one -foot of building or lease space, not to exceed 400 square feet. The storefront is 19 feet, which would allow a sign area of 14.25 square feet per ordinance. The proposed sign is 24 square feet, nearly 10 feet over the allowed area. 10 -B. Request for a variance to Sign Ordinance No. 704 -A for Brook Mays Music located at 2105 West Southlake Boulevard, Suite 225. Drews Realty, representing Brook Mays Music, is proposing the installation of an oversized sign on the storefront of Brook Mays Music, located at 2105 West Southlake Boulevard, Suite 225. Sign Ordinance No. 704 -A allows the overall area of attached signs to be 0.75 square feet for every one -foot of width of the building or leas space, not to exceed 400 square feet. The storefront is 71 feet, which would allow a sign area of 5.25 square feet per ordinance. The proposed sign is 107 square feet; 100% larger than the allowed area. Motion was made to approve the Consent agenda as the Mayor read into the record including: Removing Item #5 -F from the agenda; Tabling Item #5 -I to September 4, City Council meeting; Approving Item #5 -J, deleting Item #12 from the agreement [regarding TMRS Retirement] and providing an effective date; Approving Item #5 -K, naming Andy Wambsganss as Alternate Judge; Tabling Item #7 -I, at the request of the applicant and continuing the public hearing at the August 21, 2001, City Council meeting; Tabling Item #8 -A, at the request of the applicant to the August 21, 2001, City Council meeting; Approving Item #8 -B, as presented; Approving Items #8 -A, and #8 -B as presented. Motion: Standerfer Second: Stephen Ayes: Standerfer, Stephen, Evans, Shankland, Stacy Nays: None Abstention: Stacy abstained from voting on items #7 -I and #8 -A Approved: 5 -0 vote Agenda Item #6, Public Forum No comments were received during the public forum. Agenda Item #7 -A, Ordinance No. 789 -A, 2 " Reading Amending Ordinance No. 789, amending Fiscal Year 2000 -01 Annual Budget Ordinance No. 789 -A, provides for amendment of the FY 2000 -01 Budget. Council was provided a detailed explanation of all requests in their June Retreat Packet. The requests include $112,209 for additional personnel, $68,676 in operational and $227,195 for additional capital items. With these changes, the fund balance stands a 25.2 %, exceeding the requirements of our fund balance policy. Regular City Council Meeting Minutes of August 7, 2001 Page 8 of 13 PUBLIC HEARING: No comments were made during the public hearing. Motion was made to approve Ordinance No. 789 -A, as presented in second reading. Motion: Standerfer Second: Evans Ayes: Standerfer, Evans, Stephen, Shankland, Stacy Nays: None Approved: 5 -0 vote Agenda Item #7 -B, Approval of Crime Control FY 2001 -02 Operating Budget and Multi -Year CIP. The Operating Budget and Multiyear CIP Budget for the Crime Control and Prevention District was approved by the Board of Directors on July 18, 2001. The budget provides for the continuation of the SRO funding, lease payment for the police 800 mhz radio system, and annual debt service payment. The multiyear CIP budget provides for the construction of the West facility. The City Council is required to approve or reject the budget submitted by the board; the governing body and the board shall meet and together amend and approve the budget before the beginning of the fiscal year. The operating budget includes projected sales tax and interest income of $2,324,768, $259,478 for two School Resource Officers and related equipment and $2,253,715 for debt service payments. A copy of the information provided is hereby attached to the minutes of this meeting. PUBLIC HEARING: No comments were made during the public hearing. Motion was made to approve the Crime Control FY 2001 -02 Operating Budget and multi -year CIP as presented. Motion: Evans Second: Standerfer Ayes: Evans, Standerfer, Stephen, Shankland, Stacy Nays: None Approved: 5 -0 vote Agenda Item #7 -C, Ordinance No. 804, 2 " Reading, Amending Chapter 18, Article III, Section 18 -80 of the Southlake City Code. Ordinance No. 804, 2 Reading, amending Chapter 18, Article III, section 18 -80, of the Southlake City Code, to include a portion of South Carroll Avenue, east Continental Boulevard and Breeze Way adjacent to Old Union Elementary School, as a designated school zone and a portion of South Kimball Avenue adjacent to George Dawson Middle School and Cleburne Eubanks Intermediate School as a designated school zone. Carroll Independent School District will open the new Old Union Elementary School on August 15, 2001. As the access to the school is off South Carroll Avenue, East Continental Regular City Council Meeting Minutes of August 7, 2001 Page 9 of 13 Boulevard and Breeze Way, a school zone has been requested. On August 15, 2001, Cleburne Eubanks Intermediate School will open with access off South Kimball Avenue; and in August 2002, George Dawson Middle School will open with access off South Kimball Avenue. A school zone has been requested for the two schools, which are on the same campus. The school zones change the speed limit to 20 mph between 30 minutes before and after the opening of school and between 30 minutes before and after the closing of school in the above locations. The purchase of school flashers was included in the FY 2000 -01 CIP and the purchase of the flashers was approved by City Council on June 5, 2001. The Public Works Department crew will install flashers and necessary signs using City funds. Crosswalks will be added on the streets at the appropriate locations. PUBLIC HEARING: No comments were made during the public hearing. Motion was made to approve Ordinance No.804, second reading, as presented. Motion: Standerfer Second: Stephen Ayes: Standerfer, Stephen, Evans, Shankland, Stacy Nays: None Approved: 7 -0 vote Agenda Item No. 7 -D, Ordinance No. 480 -364, 2 " Reading (ZA 01 -027) Ordinance No. 480 -364, 2 Reading (ZA 01 -027), Rezoning and Development Plan for Hidden Creek Estates (f.k.a. Haltom Creek Estates) was tabled tonight as a super majority of the City Council is not present. PUBLIC HEARING: Nancy Moffat, presented a letter for the record dated August 7, 2001. Motion was made to table Ordinance No. 480 -364, 2nd Reading to the August 21, 2001, City Council meeting, continuing the public hearing to that date. Motion: Standerfer Second: Shankland Ayes: Standerfer, Shankland, Stephen, Evans, Stacy Nays: None Approved: 5 -0 vote (to table) Agenda Item #7 -E, Ordinance No. 480 -371, 2 " Reading (ZA 01 -080) Ordinance No. 480 -371, 2nd Reading (ZA 01 -080) Zoning Change for J.J. Freshour Lot 11, on property legally described as Tracts 3D1, 3D2A, and 3D2, of the J.J. Freshour Survey, Abstract No. 521, and being 5.0 acres. Current zoning is "AG" Agricultural District with a requested zoning of "SF -1A" Single Family Residential District. Regular City Council Meeting Minutes of August 7, 2001 Page 10 of 13 Senior Planner Dennis Killough presented this case noting the purpose of this request is to bring the property into compliance with city subdivision and zoning regulations. The applicant is seeking a building permit for construction of a new home. He noted that a change of zoning to the "SF -1A" Single Family District does not require a concept plan. The city staff has approved a single lot plat for this property subject to approval of an appropriate change of zoning. PUBLIC HEARING: No comments were made during the public hearing. Motion was made to approve Ordinance No. 480 -371, second reading. Motion: Standerfer Second: Stephen Ayes: Standerfer, Stephen, Shankland, Evans, Stacy Nays: None Approved: 5 -0 vote Agenda Item #7 -F, ZA01 -054, Site Plan for Red Lobster ZA01 -054, Site Plan for Red Lobster, on property legally described as Lots 7 & 8, Block A, Southlake Bank Place, being 2.2 acres. Current zoning is "C -3" General Commercial District. Senior Planner Dennis Killough presented ZA01 -054, noting that the purpose of this request is to site plan a 7,170 square foot restaurant, and provide for a future building site. This property is located on the west side of State Highway 114, approximately 500' south of East Southlake Boulevard. Kirby's Steakhouse is to the north and IHOP is adjacent to this site on the south. The property faces the access road for State Highway 114. The Planning and Zoning Commission approved (7 -0) granting the requested variance for stacking depth. Killough stated the following variance needs council action: o Building articulation o Driveway stacking depth Mayor Stacy commented on the parking and stated he hoped that the City is providing adequate parking. He noted that on most of the restaurant sites such as this, parking is an issue. Windy Hutchins, Architect for Red Lobster, 8235 Douglas Lane, Dallas. Ms. Hutchins commented on the variances and stated they would comply with the city standards on articulation and driveway stacking depth. PUBLIC HEARING: No comments were made during the public hearing. Motion was to approve ZA01 -054, subject to granting variances on the stacking depth and articulation. It was understood that the applicant would work with to City staff to come into compliance to the variances. Regular City Council Meeting Minutes of August 7, 2001 Page 11 of 13 Motion: Evans Second: Standerfer Ayes: Evans, Standerfer, Stephen, Shankland, Stacy Nays: None Approved: 5 -0 vote Agenda Item #7 -G, Resolution No. 01 -055, (ZA01 -071), Specific Use Permit for Sale of Alcoholic Beverages for On- premise Consumption for Red Lobster Resolution No. 01 -055 (ZA01 -071), Specific Use Permit for the sale of alcoholic beverages for on- premise consumption per Zoning Ordinance No. 480, per Zoning Ordinance No. 480, Section 45.1(1) and Section 45.6 on property legally described as Lots 7 & 8, Block A, Southlake Bank Place, being 2.2 acres. Current zoning is "C -3" General Commercial District. Senior Planner Dennis Killough stated a site plan is being processed concurrently with this applicant. This site shall be subject to all conditions of approval for that application. The Planning and Zoning Commission approved this request on July 19, 2001 (7 -0). PUBLIC HEARING: No comments were made during this public hearing. Motion was made to approve Resolution No. 01 -055, as submitted. Motion: Standerfer Second: Evans Ayes: Standerfer, Evans, Stephen, Stacy Nays: Shankland Approved: 4 -1 vote Agenda Item #7 -H, ZA01 -074, Revised Site Plan for Phase I, Stage 4, Southlake Town Square ZA01 -074, Revised Site Plan for Phase I, Stage 4, Southlake Town Square on property legally described as Block 1, Southlake Town Square, Phase 1. Current zonings " "NR- PUD" Non - Residential Planned Unit Development. Senior Planner Dennis Killough stated the purpose of this request is to acquire a building permit for Building 1C in Block 1 of Southlake Town Square and relocate parking spaces. The building footprint was approved with the original development plan. The primary purpose of this request is to approve the building design. The Planning and Zoning Commission approved this item on July 19, 2001, (7 -0) granting requested variance (Item 1), which is the facade articulation. He noted the articulation is deficient, both horizontally and vertically, in offset width and lengths. However, the structure appears to conform to the architecture and style of previously approved site plans in Town Square. Regular City Council Meeting Minutes of August 7, 2001 Page 12 of 13 Frank Bliss, Cooper & Stebbins, 1362 Lakeview Drive, Southlake. Mr. Bliss explained the request to Council and noted this building should be open July 2002. PUBLIC HEARING: No comments were made during the public hearing. Motion was made to approve ZA01 -074, Revised Site Plan for Phase 1, Stage 4, and Southlake Town Square. Motion: Standerfer Second: Evans Ayes: Standerfer, Evans, Shankland, Stephen, Stacy Nays: None Approved: 5 -0 vote Agenda Item #12, Adjournment Mayor Rick Stacy adjourned the meeting at 8:27 p.m. 4 g Nftrir aye Rick Stacy ATTEST: o`�, 4 •t % : ..6".... Z 1 I ,/ 11Al.d./. < < = o Sandra L. LeGrand a i �1 City Secretary = ' Regular City Council Meeting Minutes of August 7, 2001 Page 13 of 13 CONFLICT OF INTEREST AFFIDAVIT THE STATE OF TEXAS § . OUNTY OF § I, `" / C /`' C �y74C y as a member of the , make this affidavit and hereby on oath state the following: I have a substantial interest in a business entity or real property as defined in Chapter 171, Texas Local Government Code, and a vote is to be taken or a decision is to be made that will have a special economic effect on this business entity or real property. The agenda item affecting this business entity or real property is: COMPLETE (A) or (B): (A) The business entity is (name); or (B) The real property is located at: l q riry ez r2L' Ls R r.. I have a substantial interest for the following reasons: (check all which are applicable) Ownership of 10% or more of the voting stock or shares of the business entity. Ownership of 10% or more or S15,000 or more of the fair market value of the business entity. Funds received from the business entity exceed 10% of gross income for the previous year. Real property is involved and I have an equitable or legal ownership of the property with a fair market value of at least $2,500. A relative of mine has a substantial interest in the business entity or real property that would be affected by a decision of the public body of which I am a member. Upon filing of this affidavit with the City Secretary, I affirm that I will abstain from voting on any decision involving this business entity or real property and from any further participation on this matter by discussion or debate. Zoo Signed this 7 -lay of A/G'64S. r �. a Sig' re +f Official The State of • § County of WRY_ § Be ore e l'l l a Gvia____- on this day personally appeared known to me (or proved to me on the oath of or through / (description of identity card or other document) to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same for the purposes and consideration therein expressed. Given under my hand and seal of office this 7 day of CC� , , A.D. ) . (SEAL) notary Public in and for the State of Texas H:`. LIBRARY\ Municipal\ MERGE\ ConflictotlnterestAffidavit.wpd ( / 7 L' Dear Mr. Mayor and Councilmembers: Please accept my apologies for not being able to attend the Council meeting tonight. However, I am sure you will understand and realize that out of the eight meetings on this zoning issue, this is the only meeting that I have been unable to attend. I am not opposed to the SF 1 -A zoning request on the Hidden Creek -Trail Creek - Haltom Creek Estates property. However, I hope that when 4 Peaks Development or whoever might develop the property comes forth with a preliminary plat, that the Council will be mindful of the extremely important drainage and traffic issues and the impact on the surrounding property owners. Moreover, I hope that you agree that increasing density would not be of any benefit to the entire city. One last note, for purposes of intent, I would like for each of you to answer the following question for the record: When the Council revisits the land use plan either later this year or next year, will you keep the current language of one unit per NET acre in the PUD definitions? Will you also agree that NET and GROSS have totally different definitions and that NET will be defined to exclude roads, parks, and all other amenities? Thereby, making sure that low density PUD's are in fact low density. At the last meeting, Councilmember Standerfer made a statement referring to the benefits of a hike and bike trail along Dove Creek. He made the statement that there are trails along the Trinity River and they are in the floodplain. I have talked personally with Mayor Ron Kirk about those Trinity River trails. None of these trails are on private property. Furthermore, the areas where the trails are located were not heavily wooded. And lastly, realize that the expense of the Trinity River project was in the millions and even though Dove Creek is smaller, I am sure it would be extremely costly to clear and maintain. Although we would all agree that hike and bike trails are beneficial to citizens, those trails do not need to be located in citizen's back yards. Thank you for you time and consideration on this matter and if any of you have any questions regarding my comments or my reason for wanting intent on the record, please do not hesitate to call me. '11 cerelyand Respectfully, .1 _.. 11 ii Pniii -1 J �Y Nancy ffaf i '.1 ,,), . / '? A 0 - , , __. , v io, , 1 /1 e -1 e ( k __)ii „ . ... ,,, . .,,„...... ,...,... I 1/4 44'. ' ?;;,c....!1;;; 4. -,,, „ .' ltri,s4 ' ',' • CD I I , „ , . . . . . . „ ' ! : -'.,,,• . 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Iiiii 1 „,, ..„. ,.,......„,..., ....., . ,_. .,.. ,....,. ,.. .,,,,,,„,,,,,.•,.,,,‘,...„.:,,),:,.....,,,,,,....„.,,..::....,,,::::,.,:,::,,,,,,,...„,.,,,,, ,,,,_,,,,,,,, .,- ,-,, 1 SOUTHLAKE CRIME CONTROL AND PREVENTION DISTRICT ANNUAL PROGRAM EVALUATION The Southlake Crime Control and Prevention District was created by the Southlake voters in November 1997 and a half -cent sales tax to fund the District was authorized. Voters dictated that the City Council appoint an independent Board of Directors to oversee the District. The Board of Directors was subsequently appointed by the City Council for the District and began its work in December with the identification of specific strategies for addressing public safety within the city and the development and adoption of a budget to accomplish the strategies. State law requires the District to fund an annual evaluation program to study the impact, efficiency, and effectiveness of new or expanded crime control and prevention programs. This report examines each identified strategy for the Southlake Crime Control and Prevention District. Strategy One: Enhancing Community Safety Through Modern, Efficient Facilities This strategy promotes a safer environment for the community through an increased police presence, particularly in neighborhoods, to deter crime and to reduce the response time for calls for service. Although the geographical size of the city is large at 23 square miles, Department of Public Safety personnel currently operate out of one facility. The District's plan identified the purchase of three sites and the development of two district facilities as its highest priority for the use of crime control funds. Annual Program Evaluation Approved - July 10, 2001 -1- Evaluating the District's efficiency and effectiveness in achieving this strategy involves analysis of five major tasks for the first three years, including: 1) site evaluation and budgeting, 2) site selection, 3) land acquisition, 4) concept planning, and 5) facility construction. An examination of the District's efforts on these tasks reveals that the District is operating effectively and efficiently, although quantitative measures (i.e., reduction in Part I crimes or response times) cannot yet be analyzed. This evaluation will review the District's initial efforts for acquiring land for the new facilities, planning for their development, and construction. Site Evaluation Process. Work began with staff identifying a step -by -step process to determine response times and corresponding target areas, and continued to the selection of twenty -five sites. Upon identification of sites and mapping of response times, all suitable and available tracts were identified for evaluation. Each potential site was evaluated using the following criteria: • Access - arterial street capacity, direct site access, proximity to parking, visibility to public /sight lines, proximity to response location, access to two streets; • Physical Characteristics - configuration, zoning restrictions, easements, topography, physical constraints, site evaluation, drive - through bays; Annual Program Evaluation Approved - July 10, 2001 -2- • Environmental - noise, tree loss, contamination potential, risk factors (e.g., flooding), lighting; • Site Development - compatibility with adjacent uses, complex planning issues, expansion potential, site assemblage, time constraints, utility availability; • Functional - shared services potential, building footprint flexibility; • Financial - property values, demolition costs, energy criteria. An evaluation matrix assigning points for each criterion was prepared for each potential site, which helped determine the appropriate sites for serious consideration. Site Selection Process. The District Board and staff reviewed the sites, evaluating each with the identified criteria. Staff then initiated conversation with property owners to determine their willingness to sell, to ascertain purchase terms, and to identify other issues which might affect the ultimate purchase and development of the site. Specific sites for each of the target areas were identified, and staff was instructed to negotiate purchase contracts for each. Land Acquisition. The Board has been able to successfully purchase tracts of land for two of the three needed sites. Approximately 4.8 acres were purchased for the west site and a 32 -acre tract was purchased for the north site. Acquisition of a three -acre site on the east side of the city has been delayed for the present time. Please see Exhibit A for a location map of sites. Concept Planning. To determine the utility of the smaller sites, an architectural consultant was hired to assist with site evaluations, as well as to develop conceptual drawings showing the layout of the facility on the sites. These drawings were particularly needed for the smaller southern sites to ensure their viability. Additionally, Annual Program Evaluation Approved - July 10, 2001 -3- the Board approved funding necessary to enter into an agreement with an architectural firm to design a facility in compliance with city regulations at the west site. Initial design concepts were presented to the Board in April 2000, and were formally submitted to the City for zoning and concept plan approval. The City Council approved the zoning and site plan for the west site facility on July 18, 2000. Additionally, zoning and concept plan approval was achieved for a 35,813 square -foot residual lot to be sold as a commercial tract. Please see Exhibit B, approved site plan (DPS site), and approved concept plan for the residual lot. Facility Construction. Once approval of the site plan was achieved (showing a proposed one -story 21,573 square foot DPS building), city staff, the District Board of Directors, City Council, and Phillip Swager and Associates (architect) went to work to finalize construction plans for the west building. A construction budget of $3,863,681 was approved for the project. Exhibit C shows the final plans developed for the facility. A total of $4.2 million (including architectural fees) was allocated for facility construction. On October 10, 2000, the City opened sealed bids for construction of the project. Eleven bids were received. The low bidder, CMPA, Inc., submitted a base bid of $3,194,000. The District Board approved funding for the project in an amount not to exceed $3.4 million (base bid plus alternatives and contingencies) and City Council entered in to a contract on November 7, 2000 with CMPA, Inc. Work on the facility is progressing steadily, with minimum change orders. It is anticipated that construction will be substantially completed in December 2001. Annual Program Evaluation Approved - July 10, 2001 -4- Note that funding to staff the facility is being requested through the City of Southlake's general fund and, once approved, will provide for staff acquisition and training in advance of the opening of the new facility. As noted previously, a quantitative analysis of the effectiveness and efficiency of the Board's program to meet this strategy cannot be performed at this time. However, the first important steps toward realizing the benefits to be derived from the district facilities have been taken. The first goal set for accomplishing strategy one (evaluating and acquiring sites for optimum delivery of public safety services) is moving toward completion, and significant progress has been made toward the planning and construction of the west site. Strategy Two: Enhancing Community Safety Through the Use of Modern Technology & Equipment The District Board allocated funding in Year One for the purchase of two fully equipped police patrol vehicles, as well as portable radios and other related equipment needed by the School Resource Officers. The vehicles were purchased through a cooperative purchasing agreement between the Houston - Galveston Area Council of Governments (HGAC). Working through HGAC allowed the City to take advantage of "bulk" buying opportunities. As such, the vehicles were purchased and equipped well within the budget parameters established by the Board. Subsequent years' funding may provide for the computer and communications equipment that are integral for maximizing an officer's time spent fighting crime, provided sales tax collections exceed what is needed to fund strategy one. Such Annual Program Evaluation Approved - July 10, 2001 - 5 - equipment will be critical for computer -aided dispatch, police records management, booking, crime scene search, property /evidence control, and electronic mail. Strategy Three: Enhanced Community Safety Through Professional Development Limited funds and the District's commitment to land acquisition and facility development have prevented a direct allocation of funds for professional development initiatives. However, continual and advanced training of public safety personnel must be a priority to maintain in- service training requirements in such a manner that the skills, knowledge and abilities of each individual remain at peak levels for both present and future job assignments. In order to meet the objectives of this strategy, the District incorporated training needs into its evaluation of potential sites and in construction plans for the West district facility. Targeted sites were of at least three acres in size to ensure adequate space for both indoor (classroom) and outdoor (field) training activities. Having training facilities available in the district stations will ensure that most training programs can be coordinated without requiring officers to leave their assigned posts. This maximizes the time available for training. The design of the west facility has fully incorporated training needs. While it is not anticipated that the central facility (located on the north site) and the east facility will be built within the initial five -year life of the District, special attention will be given to developing both of these facilities in a manner conducive to meeting the training needs of the entire Department. Annual Program Evaluation Approved - July 10, 2001 -6- Strategy Four: Enhance Community Safety Through Special Police Initiatives The establishment of a crime control and prevention district in Southlake provides an opportunity to establish police initiatives that enhance the community's quality of life. Such programs might otherwise be set aside for lack of funding. While the City of Southlake previously offered a School Resource Officer (SRO) to Carroll High School, no such officers were assigned to any middle school campus. To address issues of campus safety, student education, and deterrence for drug and gang - related activity, the Department has attempted to expand the program, but limited funding resulted in limited implementation of this vital program. The District's first special initiative involved hiring two additional School Resource Officers. Recruitment efforts began as soon as the budget was approved by the Board, but advertising was repeated when the initial process did not result in a successful hire. The two positions were successfully filled in December 1998, with one officer assigned to Carroll Junior High School and the other to Carroll Intermediate School. The School Resource Officer's presence in the aforementioned schools has resulted in: • Reduction in prank fire alarms, minimizing disruptions and danger to the public and DPS personnel when responding; • Deterrence of violence; and • Collection of valuable intelligence resulting in numerous arrests on and off campus for possession and use of alcohol and drugs as well as collection of information regarding "copy cat" threats mirroring recent shooting events around the nation. Annual Program Evaluation Approved - July 10, 2001 -7- Financial Considerations Collection of the Crime Control District sales tax began in April 1998, and the first allocation of sales tax from the Comptroller was received in June 1998. Through the fiscal year ending September 30, 2000, the District collected $1,747,389 in sales tax, $2,601,803 in bond proceeds, and $239,877 in interest. Expenditures for the same period total $1,270,525 with $116,375 for two School Resource Officers and related benefits for the year; $273,100 for professional services related to the West facility; and $881,050 for the debt service payment. The City's annual audit for the fiscal year ending September 30, 2000, was completed during February 2001. The Crime Control and Prevention District accounting records was part of that audit, and the report was presented to the City Council. Funds received by the District are invested according to the City's investment policy. The District's funds are pooled for investment purposes. For the quarter ending September 30, 2000, the District's yield to maturity on pooled investments was 6.74 %. For the fiscal year that began October 1, 2000, an estimated $1,925,450 in sales tax is expected. $126,610 is budgeted for two School Resource Officers and related benefits, and $1,971,899 is budgeted for debt service payments. Conclusion The Board of Directors of the Southlake Crime Control and Prevention District has, during the first three years of the life of the District, successfully implemented the actions necessary to meet the strategies identified in its plan and budget. The Board's Annual Program Evaluation Approved - July 10, 2001 -8- primary activity has been the acquisition of suitable public safety sites in targeted areas and construction of the West facility. Other initiatives are progressing as planned. 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L.: •:,,J4.-j..,..! 1 ' i ,„...:,,,,,,......1.......; , • 11 11 1 11 , IIENtl • • . , .. „., „.,.. : .. -..,,,,„ • _,..• .._... .. , [ 5 .2 ' li] 13 fig D E. a , rg El 1 : .:, - , i , 6 1 '4 * ___,,____,, ._ ,4- •", f t ' 4.474 Annual Program Evaluation Ap - July 10, 2001 - 1 5 - City of Southlake, Texas MEMORANDUM TO: Billy Campbell, City Manager FROM: Sharen Elam, Director of Finance, Ext. 1713 SUBJECT: ... Approval of Crime Control FY 2001 -02 Operating Budget and Multiyear CIP Budget. Action Requested: Approval of the proposed FY 2001 -02 Operating Budget and Multiyear CIP Budget Background Information: Your packet contains the Operating Budget and Multiyear CIP Budget adopted by the Crime Control and Prevention District Board of Directors on July 18, 2001. The operating budget simply provides for the continuation of the SRO funding, lease payment for the police 800mhz -radio system and annual debt service payment. The multiyear CIP budget provides for the construction of the West facility. Note that we have shifted the sale of the excess land on the west and north site to fiscal years 2002 -03 and 2003 -04, respectively. The decision to move the sale of the properties to future years was made based on we did not receive any bids on the west site and this will allow sufficient time for the Board and staff to determine the future plans for these sites. Funds received from the sale of the West and North properties could be used to purchase the East site in the future. Financial Considerations: The operating budget includes projected sales tax and interest income of $2,324,768, $259,478 for two School Resource Officers and related equipment and $2,253,715 for debt service payments. Citizen Input/ Board Review: Public hearing is scheduled for August 7, 2001. Legal Review: None required Alternatives: Approve or reject the budgets submitted. Supporting Documents: FY 2001 - 02 Operating Budget and Multiyear CIP Staff Recommendation: Approval of Crime Control FY 2001 -02 Operating Budget and Multiyear CIP Budget. SOUTHLAKE CRIME CONTROL AND PREVENTION DISTRICT - OPERATING FUND FY2001.02 Proposed Budget 17:38 PM October 1, 2001 through September 30, 2002 08(03101 $ Increase; $ Increase) 199900 2000 2000.01 (Decrease) % Increase' 2001.02 (Decrease) % Increase) Actual Adopted Amended Adopted •Decrease Proposed Adopted -Decrease REVENUES Sales Tax $1,747,389 81,925,450 81,925,450 80 0.0% 02,214,268 *289,818 15.0% Interest Income $111.300 ID 4103.500 8103.500 1110.500 8110 500 Total Revenues 81,658.669 $1,925,450 82,028,950 $103,500 82,324,766 $399,318 EXPENDITURES Personnel *113,955 8126,810 $128,810 80 0.0% $131,667 $5,057 4.0% Operations $140 $127,811 $127,811 0 0.0% 8127,811 0 0.0% Capital 02 28Q 80 la D o.0% 10 5 0.0% Total Expenditure $116,375 $254,421 8264,421 $0 0.0% 8259,479 85.057 2.0% Int llama 81.742,314 $1,671,029 $1,774,529 $103,500 82,005,290 9394,261 Nouns Out,..alFo,d for don mice (881,050) (1,971,899) (1,871,899) (2,253,7161 Trouts od.cce CI? 1150.0001 5 0 D Total Mho awns llhal (1,031,050) (1,971,899) (1,971,899) (2.253,715) Mounting Fund Una 81,655,431 82,366,895 $2,366,695 82.169,325 ban Fund fialuxa 82 386.895 82.985.875 $2169 11. (Reference to Section 383.203, Local Government Code, Annual Budget Proposal.) 1. Outstanding obligations of the District are the repayment of tax notes Issued in October 1998 and March 2000 In the amount of $2,705,000 and $1,805,000 with a FY 2000 -01 debt service payment of $1,971,899 and a FY 2001 -02 debt service of $2,253,715. The tax notes will be paid off in FY2003-04. 2. There is $2,169,325 In the Operating Fund and $258,286 In the Capital Projects Fund estimated to be on hand as of the beginning of FY2001 -02. 3. An estimated $1,925,450 is expected to be received by the District during FY2000 -01 In sales tax revenues. 4. Sales tax and interest Income are estimated at $2,324,768. 5. Total money requested to fund programs Is $7,472,279, with $3,797,500 of that amount for construction of one facility, and $259,478 for two School Resource Officers and related equipment. $3,415,301 is Included to purchase land of which two sites have already been purchased. These land purchases were Initially approved in the FY1997 -98 and FY1998 -99 budgets. 6. Programs presented have been previously approved by the Board for funding. 7. The sales tax rate is .5 %. 8. There Is $1,980,900 In the Operating Fund and $44,556 In the Capital Projects Fund estimated to be on hand as of the end of FY2001 -02. 9. Total revenues available to cover the proposed budget are $2,324,768 and bond proceeds. !i ! ( 2 \ §I §/ 2 ) k o ) , 0 . § 11 { (\ a) { | ® E E E k 't ) \ \ / k } } ` ; \ n k { � | § \ , !a ! 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