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2002-11-05 City of Southlake CITY COUNCIL MEETING November 5, 2002 MINUTES CITY COUNCIL PRESENT: Mayor Rick Stacy, Mayor Pro Tem W. Ralph Evans, Deputy Mayor Pro Tem Greg Standerfer; Councilmembers: Carolyn Morris, Keith Shankland, and Tom Stephen. CITY COUNCIL ABSENT: Rex Potter. STAFF PRESENT: City Manager Billy Campbell, Assistant City Manager Shana Yelverton, Finance Director Sharen Elam, Planning Director Bruce Payne, Senior Planner Dennis Killough, Senior Planner Jayashree Narayana, Senior Planner Ken Baker, Public Works Director Pedram Farahnak, Deputy Director of Public Works Charlie Thomas, Economic Development Director Greg Last, Director of Public Safety Rick Black, Police Chief Marlin Price, Community Services Director and Acting Director of Human Resources Kevin Hugman, Senior Parks Planner Chris Carpenter, Chief of Building Services Malcolm Jackson, Professional Standards Coordinator Robert Finn, Municipal Court Administrator Sean Leonard, Deputy City Secretary Tara Brooks, City Attorney Debra Drayovitch, and City Secretary Lori Farwell. WORK SESSION: The work session was called to order by Mayor Rick Stacy at 5:36 p.m. REGULAR SESSION: Agenda Item No. 1, Call to order. The regular session was called to order by Mayor Stacy at 6:35 p.m. Agenda Item No. 2A, Executive Session: Mayor Stacy 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 551.074, deliberation regarding personnel matters; Section 551.087, deliberation regarding economic development negotiations. City Council adjourned for Executive Session at 6:35 p.m. Executive Session began at 6:45 p.m. and ended at 7:21 p.m. Agenda Item No. 2B, Reconvene: City Council reconvened the regular meeting at 7:30 p.m. Motion was made to authorize the City Attorney to submit an amicus brief in the City of Keller et al v. John W. Wilson, et al, case as discussed in Executive Session. Motion: Standerfer Second: Evans Ayes: Stephen, Evans, Shankland, Morris, Standerfer, Stacy Nays: none Approved: 6 -0 Agenda Item No. 3. Invocation was presented by Robert Morris of Gateway Church. Agenda Item No. 4, Reports: CITY COUNCIL MEETING MINUTES, NOVEMBER 5, 2002, PAGE 1 OF 7 A. Mayor's Report — Mayor Stacy announced upcoming meetings and events. The Mayor introduced Dr. Wally Hooser from the M.R. and Evelyn Hudson Foundation who presented a check for $30,000 to the city for a matching funds grant for the Southlake Library. B. City Manager's Report — City Manager Billy Campbell introduced Trinity Waste Services Municipal Marketing Manager Randy Shiflet to Council. C. SPIN Report — Alan Hochstein reported on upcoming SPIN meetings. D. Library Board Report — Board member Angelique York reported on the Board's meetings and gave statistical information on the Library. E. Committee Reports — None. F. Local Business Report — Economic Development Director Greg Last introduced Nancy Wallen of Fireplug Inn who gave a brief presentation regarding her business. Consent Agenda: 5A. Approval of the minutes of the City Council Work Sessions held on August 22 and August 28, 2002, and the City Council regular meeting held on October 15, 2002. Approved as presented. 5B. Ordinance No. 833, 1 Reading, Amending TXU Electric Franchise Agreement. On September 3, 2002, City Council approved the TXU Compromise, Settlement and Release Agreement. The agreement is the culmination of the lawsuit filed against TXU by a consortium of cities, including Southlake. The agreement provided that the City will adopt franchise amendments which, at the City's election, may increase the categories of revenues included in the calculation of the franchise fee. 5C. Ordinance No. 834, 1 Reading, Amending TXU Gas Franchise Agreement. On September 3, 2002, City Council approved the TXU Compromise, Settlement and Release Agreement. The agreement is the culmination of the lawsuit filed against TXU by a consortium of cities, including Southlake. The agreement provided that the City will adopt franchise amendments which, at the City's election, may increase (1) the classes of customers subject to payment of the franchise fee; and (2) the categories of revenues included in the calculation of the franchise fee. The City's current gas franchise agreement provides that governmental customers and industrial customers are excluded from the requirement to pay a franchise fee. The agreement allows the City to adopt the amendments and repeal this exemption, or they may choose to continue the exemption. 5D. Appointment of Kevin Hugman as Director of Human Resources. Kevin Hugman will be changing positions from the Director of Community Services to the Director of Human Resources. 5E. Ordinance No. 480 -224a, 1 Reading (ZA02 -042) Zoning Change and Concept Plan for Southlake Town Square, located on the south side of State Highway 114, north side of East Southlake Boulevard (F.M. 1709) and east side of North Carroll Avenue. Current Zoning: NR -PUD Non - Residential Planned Unit Development District. Requested Zoning: NR- PUD Non - Residential Planned Unit Development District. SPIN Neighborhood #8. Tabled to the November 19, 2002, City Council meeting. CITY COUNCIL MEETING MINUTES, NOVEMBER 5, 2002, PAGE 2 OF 7 5F. ZA02 -083, Preliminary Plat for Oaklane North and Oaklane South (changed to Hillwood Oaks Addition, aka Oak Hill Mobile Estates) including all of Oaklane North and Oaklane South, and being approximately 14 acres located on the east side of Randol Mill Avenue, northeast of the intersection of Randol Mill Avenue and Morgan Road. Current Zoning: MH Manufactured Housing District. SPIN Neighborhood #12. The purpose of this request is to preliminary plat the existing tracts so that a final plat may be processed and filed of record in accordance with the City's subdivision regulations for residential development of this property. There are no variances requested. On October 17, 2002, the Planning and Zoning Commission recommended approval (5 -0) subject to the review. Staff recommends approval subject to Plat Review Summary No. 3, dated November 1, 2002. During the Work Session, Councilmember Morris suggested changing the street names to either Preston Oaks or Preston Shire, and the applicant, David McMahan, agreed. 7B. Resolution No. 02 -065, An amendment to the Master Thoroughfare Plan Map and Text to indicate the general alignment and roadway classification/design for the extension of Village Center Drive from FM 1709 to South Kimball Drive. Tabled to the November 19, 2002, City Council meeting. 10A. Approval of FY2002 -03 Concession Fund budget for improvements to Bicentennial Park. Director Kevin Hugman presented this item to the Council. The City entered into a multi- year concession agreement for Bicentennial Park with Coca -Cola Bottling Company. As compensation for this exclusive agreement, Coca -Cola agreed to pay the City $100,000 in year one, and $25,000 in years two through ten. Currently, there is approximately $150,000 in the fund. In addition, the city receives twenty percent of vending commissions. A provision of the contract stipulates that up to $5,000 annually be spent on special events in Bicentennial Park. Staff is seeking approval for FY2002 -2003 expenditures from this fund. Projects proposed are Bicentennial Park entry road reconstruction (estimated cost $55,000) and Liberty Garden Architectural design and conceptual plan (estimated cost $7,500). The Park Board recommended approval (6 -0) at their October 14 meeting for funding of the park entry road. SPDC at their October 15 meeting suggested that staff include the design work for the Liberty Garden in the concession fund budget. Motion was made to approve consent agenda items 5A, 5B, 5C, 5D, 5E (to table), 5F naming the streets Preston Oaks Lane North and South, 7B (to table), and 10A. Motion: Standerfer Second: Evans Ayes: Evans, Shankland, Morris, Standerfer, Stephen, Stacy Nays: none Approved: 6 -0 REGULAR AGENDA Agenda Item 6. Public Forum. Kenneth Horne, 1215 Ashmoore Court, Southlake, Texas. Asked Councilmember Standerfer for clarification on a newspaper article that quoted a statement he made. CITY COUNCIL MEETING MINUTES, NOVEMBER 5, 2002, PAGE 3 OF 7 Agenda Item 7A. Ordinance No. 480 -405, 2 Reading (ZA02 -079) Zoning Change for 1709 North Carroll Avenue being approximately 1.17 acres. Current Zoning: AG Agricultural District. Requested Zoning: SF -1A Single Family Residential District. SPIN Neighborhood #5. Senior Planner Dennis Killough presented this item to Council. The property is located at 1709 North Carroll Avenue. The purpose of this application is to receive appropriate zoning for the construction of a new house. This is a 1.17 acre tract intended for development of one residential home. The Planning and Zoning Commission recommended approval (5 -0) on October 3, 2002. The City Council approved first reading on the consent agenda (6 -0) on October 15, 2002. There were no comments from the audience 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 TRACT 5B1 SITUATED IN THE FRANCIS THROOP SURVEY, ABSTRACT NO. 1511, AND BEING APPROXIMATELY 1.17 ACRES, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "AG" AGRICULTURAL 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 No. 480 -405, 2 Reading. Motion: Standerfer Second: Stephen Ayes: Shankland, Morris, Standerfer, Stephen, Evans, Stacy Nays: none Approved: 6 -0 Agenda Item 8A. Ordinance No. 480 -407, 1 Reading (ZA02 -076) Zoning and Concept Plan for Peytonville Park along the west side of South Peytonville Avenue, approximately 600' south of West Southlake Boulevard (F.M. 1709). Current Zoning: AG Agricultural District. Requested Zoning: 0-1 Office District. SPIN Neighborhood #16. Senior Planner Dennis Killough presented this item to Council. The property is located along the west side of South Peytonville Avenue, approximately 600' south of West Southlake Blvd. The purpose of this request is to get approval of a zoning change and concept plan that would allow the construction of an office park. The plan proposes four single story and three two story buildings totaling approximately 50,000 square feet. There are no variances requested. The Planning and Zoning Commission recommended approval (5 -0) subject to review, stipulating that the southern border of the CITY COUNCIL MEETING MINUTES, NOVEMBER 5, 2002, PAGE 4 OF 7 property have an 8' masonry fence. The commission also required, prior to the City Council meeting to be held November 5, 2002, that CISD be re- notified. Staff has re- notified CISD and has received no comments. The applicant, Robert Garza, was present to answer questions. During the Work Session, Councilmember Morris asked for the proposed zoning to be changed to S -P -2 Generalized Site Plan District with 0-1 Office District uses, and Mr. Garza agreed. The following people spoke on this item: Mark Christensen, 409 Indian Paintbrush Way, Southlake, Texas. Stated his concern regarding the parking spaces adjacent to his property and the accompanying noise related to them. Louise Davis, 200 S. Peytonville, Southlake, Texas. Stated she has worked very hard to see that her property is developed nicely. She stated this is a good use for this property. Jennifer Gray, 5200 Colleyville Boulevard, Colleyville, Texas. Stated she is the broker on this property and said she was very careful to check with the city before she listed the property to see what would an appropriate use. They held a SPIN meeting that was attended by one person who was in favor. The following people did not speak but completed cards indicating their support: Vicky Davis, 200 S. Peytonville, Southlake, Texas. Donald Davis, 200 S. Peytonville, Southlake, Texas. Robert Greenwood, 210 S. Peytonville, Southlake, Texas. Lany and Jeanie Akard, 260 S. Peytonville, Southlake, Texas. Council discussed eliminating four parking spaces in the southwest corner adjacent to Mr. Christensen's property, and Mr. Garza agreed. Motion was made to approve Ordinance No. 480 -407, 1 Reading, amending the zoning to S -P -2 Generalized Site Plan District with 0-1 Office District uses; tying the concept plan to the zoning; including an 8' masonry wall as approved by P &Z; and eliminating four parking spaces from the southwest corner at a location to be agreed upon by Mr. Christiansen and Mr. Garza. Motion: Standerfer Second: Evans Ayes: Morris, Standerfer, Stephen, Evans, Shankland, Stacy Nays: none Approved: 6 -0 Agenda Item 8B. ZA02 -077, Plat Revision for Lot 1, Block 1, Peytonville Park located along the west side of South Peytonville Avenue, approximately 600' south of West Southlake Boulevard (F.M. 1709). Current Zoning: AG Agricultural District. Requested Zoning: 0-1 Office District. SPIN Neighborhood #16. Senior Planner Dennis Killough presented this item to Council. This is the plat associated with the previous agenda item. The purpose of this request is to replat 3 CITY COUNCIL MEETING MINUTES, NOVEMBER 5, 2002, PAGE 5 OF 7 existing platted lots and two unplatted tracts into one lot for office development. The Planning and Zoning Commission recommended approval (5 -0) subject to review on October 17, 2002. Motion was made to approve ZA02 -077 subject to Revised Plat Review Summary No. 3, dated November 1, 2002. Motion: Standerfer Second: Evans Ayes: Standerfer, Stephen, Evans, Shankland, Morris, Stacy Nays: none Approved: 6 -0 Agenda Item 8C. Ordinance No. 480 -RR, 1 Reading, An Amendment to the Comprehensive Zoning Ordinance No. 480, as amended, as it pertains to the Planned Unit Development District. Senior Planner Dennis Killough presented this item to Council. During the discussions and work session held by the City Council on the Southlake Town Square request for residential "brownstones," a concern was raised regarding the ability to request ancillary uses within the Planned Unit Development Districts (i.e. residential uses in a NRPUD and commercial uses in a RPUD). The current regulations for PUDs permits an applicant to request up to 10% of the land area within the PUD boundary to have ancillary uses. The City Council has requested that staff bring forward an ordinance amendment that removes this option. The Planning and Zoning Commission recommended approval (5 -0) stipulating that item 30.2 (b.) is omitted; items 30.3 and 30.4 are amended to read "...the tract shall have a gross area of at least five (5) acres." This reduces the requirement from a gross area of 50 acres currently required in the ordinance for RPUDs and 10 to 5 for commercial PUDs. Motion was made to approve Ordinance No. 480 -RR, 1 Reading, as presented with the following amendment: changing the minimum acreage on a residential planned unit development from 50 acres to 20 acres and giving Council the ability to designate where the open space is located. Motion: Stephen Second: Standerfer Mayor Stacy said he is not going to vote for this because it is not accomplishing the goal set out by P &Z. He also does not agree with Council designating the location of open space. He encouraged Council to study it further before second reading. Ayes: Stephen, Evans, Shankland, Morris, Standerfer Nays: Stacy Approved: 5 -1 Deputy Mayor Pro Tem Standerfer said he agrees with the Mayor in that the acreage should be less than twenty acres, but he wanted to move this item forward so that Council can look at it further. Mayor Stacy presented a proclamation for United Way to Director Kevin Hugman. There was no action taken on the following agenda items: CITY COUNCIL MEETING MINUTES, NOVEMBER 5, 2002, PAGE 6 OF 7 Agenda Item 9A. Resolution No. 02 -070, Appointment to the Planning and Zoning Commission to fill the unexpired term of Bret Boren to expire May 2003. Agenda Item 10B. Consideration of City Council meeting schedule during the holiday season. Agenda Item 10C. Appointment procedures for boards and commissions. Agenda Item 11A. General Obligation Refunding Opportunities. Financial Advisor Jim Sabonis informed Council of refunding opportunities during the Work Session. Agenda Item 12. Meeting Adjourned. There being no further business to discuss, the meeting was adjourned at 8:47 p.m. - ay•r Rick Stacy uu oejhs i ATTEST: ,.�`'CC , AAA - a • • cn v / / VI / • Z Lori A. Farwell, City Secretary ° • ss es, ,,,, * * . Pi a%% CITY COUNCIL MEETING MINUTES, NOVEMBER 5, 2002, PAGE 7 OF 7 F 1 t c-i 't. 0 H li t difk , ift.. Ct t .,,t4 : ...0 ...„. *it * 4,its ei 4. 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