FINAL AgendaRegular City Council Meeting February 19, 2008
LOCATION: 1400 Main Street, Southlake, Texas
Council Chambers in Town Hall
WORK SESSION: 5:00 p.m.
1. Call to order.
2. Invocation: Linda Pallone, Chaplain of the Month
3. Pledge of Allegiance: Cub Scouts, Pack 928
4. Special Local Business Report – City of Southlake /Sabre Holdings partnership
5. Park dedication fee update
6. Discuss all items on tonight’s meeting agenda.
REGULAR SESSION: 6:00 p.m. or immediately following the work session
1. Call to Order
2A. Executive Session
2B. Reconvene / Action necessary from Executive Session
3A. Mayor’s Report
3B. City Manager’s Report
3C. Financial Report
CONSENT AGENDA:
4A. Approve the minutes from the February 5, 2008, regular City Council meeting.
4B. Approve a professional services agreement with Gorrondona & Assoc. in the amount of $64,750 for FM 1938, Phase II, subsurface utility engineering services.
4C. Resolution No. 08-011, Approve a revised municipal maintenance agreement with TxDOT.
4D. Approve an amendment to the Interlocal Agreement with North Central Texas Council of Governments (NCTCOG) for cooperative purchasing for on-line recruiting.
4E. Authorize purchase of vehicles from Dallas Dodge through the Houston-Galveston Area Council of Governments in the amount of $268,586.
4F. Authorize purchase of vehicles from Philpott Motors through the Houston-Galveston Area Council of Governments in the amount of $574,659.12.
4G. Approve reallocation of SPDC CIP funds in the amount of $11,990 for the construction of an outdoor fireplace at the Bob Jones Nature Center.
4H. Ordinance No. 930, 1st Reading, adopt the 2006 International Building Code.
4I. Ordinance No. 931, 1st Reading, adopt the 2006 International Fire Code.
4J. Ordinance No. 932, 1st Reading, adopt the 2006 International Energy Conservation Code.
4K. Ordinance No. 933, 1st Reading, adopt the 2006 ICC Electrical Code, Administrative Provisions.
4L. Ordinance No. 934, 1st Reading, adopt the 2006 International Plumbing Code.
4M. Ordinance No. 935, 1st Reading, adopt the 2006 International Fuel Gas Code.
4N. Ordinance No. 936, 1st Reading, adopt the 2006 International Mechanical Code.
4O. Ordinance No. 937, 1st Reading, adopt the 2006 International Residential Code.
4P. Resolution No. 08-010, Appoint a Parks and Recreation Board representative to the SPDC to fill an unexpired term.
4Q. Resolution No. 08-009, Call the May 10, 2008 General Election and the May 10, 2008 Special Election and authorize a joint election agreement with Tarrant County Elections Administration.
4R. Ordinance No. 480-544, 2nd Reading (ZA07-087) Zoning Change and Site Plan for Mendez Medical Offices on Tract 3D3A, W.W. Hall Survey, Abstract No. 695 at 918 E. Southlake Blvd.
Current Zoning: AG. Requested Zoning: S-P-1. SPIN #10. THIS ITEM HAS BEEN TABLED TO THE MARCH 4, 2008, CITY COUNCIL MEETING.
4S. ZA07-088, Preliminary Plat for Mendez, LTD on Tract 3D3A, W.W. Hall Survey, Abstract No. 695 at 918 E. Southlake Blvd. Current Zoning: AG. Proposed Zoning: S-P-1. SPIN #10.
THIS ITEM HAS BEEN TABLED TO THE MARCH 4, 2008, CITY COUNCIL MEETING.
4T. Ordinance No. 480-550, 2nd Reading (ZA07-133), Zoning Change and Development Plan for Lake Forest on Tract 5, R.D. Price Survey, Abstract No. 1207 at 3185 Southlake Park Dr.
Current Zoning: AG. Requested Zoning: R-PUD. SPIN #3. THIS ITEM HAS BEEN TABLED AT THE APPLICANT’S REQUEST TO THE MARCH 4, 2008, CITY COUNCIL MEETING.
4U. ZA07-134, Preliminary Plat for Lots 1 – 8, Block 1, Lake Forest Addition on Tract 5, R.D. Price Survey, Abstract No. 1207 at 3185 Southlake Park Dr. Current Zoning: AG. Proposed
Zoning: R- PUD. SPIN #3. THIS ITEM HAS BEEN TABLED AT THE APPLICANT’S REQUEST TO THE MARCH 4, 2008, CITY COUNCIL MEETING.
4V. Ordinance No. 480-542, 1st Reading (ZA07-129), Zoning Change and Site Plan for Southlake Villa Offices on Tract 3, W.W. Hall Survey, Abstract No. 687 at 310 E. Southlake Blvd.
Current Zoning: AG. Requested Zoning: S-P-1. SPIN #10. THIS ITEM HAS BEEN TABLED TO THE MARCH 4, 2008, CITY COUNCIL MEETING.
REGULAR AGENDA:
5. Public Forum.
6A. Ordinance No. 926, 2nd Reading, Approve a settlement agreement between the Atmos cities steering committee and Atmos Energy Corp, Mid-Tex Division. PUBLIC HEARING
6B. Ordinance No. 938, consider all matters incident and related to the issuance and sale of “City of Southlake, Texas, Tax and Waterworks, and Sewer System (Limited Pledge) Revenue
Certificates of Obligation, Series 2008,” including the adoption of an ordinance authorizing the issuance of such certificates of obligation. PUBLIC HEARING
6C. Ordinance No. 927, 2nd Reading, Street name change for East Haven Addition, changing East Perry Circle and West Perry Circle to Haven Circle. PUBLIC HEARING
6D. Ordinance No. 480-536, 2nd Reading (ZA07-139), Zoning Change and Site Plan for Lots 1R1, 1R2, 2R1, 2R2, and 2R3, Block 3, Cornerstone Business Park Addition legally described as
Lots 1 and 2R, Block 3, Cornerstone Business Park Addition at 500 & 510 Silicon Dr. Current Zoning: O-1. Requested Zoning: S-P-1. SPIN #7. PUBLIC HEARING
6E. ZA07-111, Plat Revision for Lots 1R1, 1R2, 2R1, 2R2 and 2R3, Block 3, Cornerstone Business Park being a replat of Lots 1 & 2R, Block 3, Cornerstone Business Park at 500 & 510 Silicon
Dr. Current Zoning: O-1. Proposed Zoning: S-P-1. SPIN #7.
6F. Ordinance No. 480-549, 2nd Reading (ZA07-124) Zoning Change and Site Plan for Invitation Park on Tracts 3B & 3B1, and a portion of Tract 3D1, O.W. Knight Survey, Abstract No. 899,
located at 821 and 835 E. Southlake Blvd. Current Zoning: C-3 & AG. Requested Zoning: S-P-1. SPIN #9e. PUBLIC HEARING
6G. ZA07-125, Preliminary Plat for Invitation Park on Tracts 3B, 3B1, and 3D1, O.W. Knight Survey, Abstract No. 899 and located at 821 & 835 E. Southlake Blvd. Current Zoning: C-3
& AG. SPIN #9e.
6H. Ordinance No. 480-551, 2nd Reading (ZA07-170), Zoning Change and Concept Plan for Davis residence on Lot A, Block 1, Old Orchard Country Estates at 1900 Shady Oaks Dr. Current
Zoning: SF-1A. Requested Zoning: SF-2. SPIN #11. PUBLIC HEARING
6I. Resolution No. 08-006, Misc. amendments to the City’s Mobility and Master Thoroughfare Plan, an element of the Southlake 2025 Plan, the City’s Comprehensive Master Plan. PUBLIC
HEARING
7A. Ordinance No. 928, 1st Reading, adopt an ordinance to add Article VII “Curfew Hours for Minors” to Ch. 15, “Public Safety” of the Southlake Code of Ordinances.
7B. Ordinance No. 929, 1st Reading, Adopt an ordinance to amend Ch. 58, of the Southlake Code of Ordinances, making it unlawful for certain sex offenders to reside within 2,000 feet
of premises where children gather.
8. There are no items on this agenda.
9A. Consider SP06-408A, Variance to Sign Ordinance No. 704-C for Bethel Methodist Church at 190 S. White Chapel Blvd.
9B. Consider SP08-016, Variance to Sign Ordinance No. 704-C for Tom Thumb at 100 W. Southlake Blvd.
10. There are no items on this agenda.
11. Meeting adjourned.
Parks and Recreation Dedication Fund Fee Assessment
Steve Polasek
Park Dedication
Adjust Park Dedication Fee land values from $60,000 per acre to $120,000 per acre
Provide option for developer incentive to construct amenities
Park Dedication
Fee Establishment for 2008:
Subdivision Ordinance, Article 7
City Council annually establishes acreage land value cost
Used in calculating park fees
Based on study and investigation
Park Dedication
Continued…
May be performed by an independent registered land appraisal firm
average fair market value, as opposed to taxable value
Figure shall be the acreage cost under which all park fees are calculated
Park Dedication
Current fee established at $60,000 per acre
Staff reviewed 12 land sales occurring since November 2004
Ten Southlake, Two Keller
Information provided by certified land appraisers
Residential (no structural value)
Based on purchase price
Park Dedication
Unadjusted Adjusted*
Cost per acre $111,656 $124,695
Totals $107,108 $120,066
(excluding high/low properties)
Proposed Park Dedication Fund
fee per acre = $120,000
(* 10% annual market value increase adjustment)
Park Dedication
Park Dedication Fee Timeline:
August 23, 2007 (Developer Workshop)
September 10, 2007 (Parks Board)
September 18, 2007 (City Council)
Revised fee schedule
October 1, 2007 (Effective Date)
Park Dedication
Developer Workshop:
Developer comments and concerns
City commitment to meet with members of the development community
Developer’s meetings held:
Oct. 4th
Oct. 18th
Nov. 15th
Dec. 6th
Park Dedication
Concerns:
Development costs increases
Lack of available land
Need for additional park land reduced
Density
Non-consideration of landscape buffers / streetscapes / PUD open space
Park Dedication
Discussion items included:
Proposal to seek credits for landscape buffer / streetscape / PUD open space
Council consideration to increase density levels
Reimbursements / credits for additional expenses beyond requirements
Incentives for development of amenities
Park Dedication
Proposed
Developer option to improve existing facilities
Compatibility with Park Master Plan or Capital Improvement Plan
20% Park Dedication Fee Reduction
Meet w/ staff to review available projects
Value based on market costs
Incentive for developer to address existing needs
Potential for economies of scale
More immediate impact
Administrative advantageous
Outlined in Developers Agreement
Park Dedication
Next Steps:
Develop Ordinance revisions
Present to Parks Board in March
City Council consideration March/April
May implementation
Questions?
Steve Polasek
Item 4B
Approve a professional services agreement with Gorrondona and Associates for FM 1938 Phase II subsurface utility engineering services
Subsurface Utility Engineering
Purpose:
FM 1938 Roadway Project
Subsurface Utility Engineering
Expose Underground Utilities
Determine design impacts
Subsurface Utility Engineering
County – No design contract
3 cities required to contract for SUE
No cost to cities
Subsurface Utility Engineering
Inter-local Agreement – Approved Feb 5, 2008
Contract cost - $64,750
County to provide funds
Bob Price
Questions?
Item 4C
Resolution 08-011, Approve a revised municipal maintenance agreement with TxDOT
TxDOT Municipal Maintenance Agreement
Purpose:
Chapter 311, Transportation Code
City has exclusive domain and control
Allows city to enter into agreements with State
Provides basis for maintenance of state facilities within city limits
TxDOT Municipal Maintenance Agreement
TxDOT requires renewal every 2 years
Last Southlake renewal approximately 10 years ago
Required by Red Light Camera project
TxDOT Municipal Maintenance Agreement
Amendment required for red light camera installation
Requires future City Council action
Requires proposed camera intersections to be listed in amendment
Bob Price
Questions?
Item 4D
Amendment to IA with NCTCOG for cooperative purchasing for on-line recruiting
Item 4D Background
IA approved in June 2007
On-line recruiting services at reduced rates
Savings of 67% through coop purchasing
Used in FY 2007 for hard to fill and professional positions
Item 4D Amendment
Changes method of billing
Still requires pre-commitment
Allows for automatic annual renewals
City determines number of ads each year if choose to continue
Cost of $170/ad (savings of 52%) for FY 2008
Ten (10) ads; funds budgeted
Item 4D Approving Amendment
Approving Amendment extends contract through FY 2008 with options to renew
Staff recommends approval
Questions?
Kevin Hugman
ITEM 4E
Authorize purchase of vehicles from Dallas Dodge
DPS POLICE
PURCHASE TOTALS
Total purchase cost $268,586.00
Budgeted amount $284,000.00
Questions?
Sharen Jackson
ITEM 4F
Authorize purchase of vehicles from Philpott Motors
PUBLIC WORKS
DPS POLICE
DPS FIRE
PLANNING
PARKS
BUILDING SERVICES
PURCHASE TOTALS
PURCHASE TOTALS
Total purchase cost $573,898.12
Budgeted amount $567,813.40
Difference $6,084.72 funded from FY 07-08 vehicle auction proceeds
Questions?
Sharen Jackson
Item 4G Reallocation of SPDC CIP funds in the amount of $11,990 for the construction of an outdoor fireplace at the Bob Jones Nature Center
SPDC CIP
Bob Jones Park parking lot overlay ($200,000)
Cost savings ($28,330)
Outdoor fireplace ($11,990)
Parks Board
recommended approval (6-0) 2/11/08
SPDC
recommended approval (4-0) 2/11/08
Questions?
Steve Polasek
Item 4H
Adopt the
2006 International Building Code
Ordinance No. 930
Purpose
To update the Building Code of the City to the 2006 Edition
Ordinance No. 930
Background
ICC Codes are updated on a 3 year cycle.
We participate with area cities through NCTCOG in a joint review
Public input has been sought at two hearings.
Ordinance No. 930
SPIN Meeting January 28, 2008.
- Code package presented to citizens.
Building Board of Appeals January 24, 2008
- Board recommended adoption as presented.
Ordinance No. 930
New Administrative Provisions
Clarify permits required for masonry fences and pool enclosures
Applications may expire in 45 days if left dormant in city office.
Ordinance 930
Technical provisions
NCTCOG revisions are due to code changes and for clarification of existing amendments.
Ordinance No. 930
Action requested
- Pass first reading adopting the 2006 International Building Code
Questions?
Paul Ward
Item 4I
Adoption of Ordinance 931, adopting the 2006 International Fire Code with Local Amendments
Significant Items
Residential Sprinkler Changes
Hundred block numbering of street signs
Public Hearings
Building Board of Appeals 01/24/08
SPIN 01/28/08
Staff Recommendation
Adopt Ordinance 931, adopting the 2006 International Fire Code with local amendments
Questions?
Contact Robert Finn
Item 4J
Adopt the
2006 Energy Conservation Code
Ordinance No. 932
Purpose
to update the Energy Conservation Code of the City to the 2006 Edition
Ordinance No. 932
The 2006 IECC is a total revision from the 2003 edition.
Residential provisions as written are less restrictive than state mandates.
Texas A & M wrote amendments to comply with state law at NCTCOG request.
Ordinance 932
Technical provisions
New sub climate zones created
Calculations are simplified from previous code.
New Code software provides data to Texas A&M Energy Lab for Federal Air Quality reports.
Ordinance No. 932
Action requested
Pass first reading adopting the 2006
International Energy Conservation Code
Questions?
Paul Ward
Item 4K
Adopt the 2006 ICC Electrical Code,
Administrative Provisions
Ordinance No. 933
Purpose
to update the Electrical Code of the City to the 2006 Edition
Ordinance 933
Technical provisions
The 2006 International Electrical Code adopts the technical provisions of the 2008 National Electrical Code by reference.
Administrative requirements are provided by the 2006 International Electrical Code.
Ordinance No. 933
Action requested
- Pass first reading adopting the 2006 ICC Electrical Code.
Questions?
Paul Ward
Item 4L
Adopt the
2006 International Plumbing Code
Ordinance No. 934
Purpose
to update the Plumbing Code of the City to the 2006 Edition
Ordinance No. 934
The 2006 International Plumbing Code adopted as recommended by NCTCOG.
No local amendments.
Ordinance No. 934
Action requested
- Pass first reading adopting the 2006 International Plumbing Code.
Questions?
Paul Ward
Item 4M
Adopt the 2006 International Fuel Gas
Code
Ordinance No. 935
Purpose
to update the Fuel Gas Code of the City to the 2006 Edition
Ordinance No. 935
The 2006 International Fuel Gas Code is being adopted as recommended by NCTCOG without local changes.
Ordinance No. 935
Action requested
- Pass first reading adopting the 2006 International Fuel Gas Code.
Questions?
Paul Ward
Item 4N
Adopt the
2006 International Mechanical Code
Ordinance No. 936
Purpose
to update the Mechanical Code of the City to the 2006 Edition
Ordinance No. 936
The 2006 International Mechanical Code is being adopted as recommended by NCTCOG without local changes.
Ordinance No. 936
Action requested
- Pass first reading adopting the 2006 International Mechanical Code.
Questions?
Paul Ward
Item 4O
Adopt the
2006 International Residential Code
Ordinance No. 937
Purpose
to update the Residential Code of the City to the 2006 Edition
Ordinance No. 937
New Administrative Provisions
Clarify permits required for masonry fences and pool enclosures
Applications may expire in 45 days if left dormant in city office.
Ordinance 937
Technical provisions
NCTCOG revisions due to code changes, and for clarification of existing amendments
Fire Sprinkler threshold revised per Fire Services request.
Ordinance 937
Sprinkler Revision
Houses > 6000 sf enclosed space. Includes garages and ‘future’ rooms.
Except existing areas under roof such as Bonus Rooms.
Ordinance No. 937
Action requested
- Pass first reading adopting the 2006 International Residential Code
Questions?
Paul Ward
Item 6A
Approve a settlement agreement between the Atmos cities steering committee and Atmos Energy Corp, Mid-Tex Division
Ordinance No. 926
Purpose
Endorse the Settlement Agreement between Atmos and Atmos Cities Steering Committee (ACSC)
Ordinance No. 926
Background
Atmos filed Statement of Intent to increase natural gas rates
Southlake suspended the effective date of the rate increase
Ordinance No. 926
Settlement
Provides rate certainty for customers
Implements an expedited rate review process
Eliminates piecemeal ratemaking
Requires Atmos to reimburse the steering committee of rate case expenses
Avoids the necessity of costly litigation
Questions?
Sharen Jackson
Item 7A Consider adopting an Ordinance 928 to add a new Article VII, “Curfew Hours for Minors” to Chapter 15, “Public Safety” of the Southlake Code of Ordinances.
Adopt Ordinance 928 to add a new Article VII, “Curfew Hours for Minors”
City of Southlake has seen a significant increase in juvenile activity
Several nearby cities have curfew ordinances
Needed to control unsupervised minors during curfew hours
Adopt Ordinance 928 to add a new Article VII, “Curfew Hours for Minors”
Curfew hours are defined as:
Between 11:00pm on Sunday, Monday, Tuesday, Wednesday, and Thursday until 6:00am the next day;
Between 12midnight on Friday and Saturday until 6:00am the next day.
Minor defined as any person under 17 years of age
Adopt Ordinance 928 to add a new Article VII, “Curfew Hours for Minors”
Ordinance prohibits:
Minors from being in any public place or on the premises of any establishment during curfew hours;
Parents/guardians from knowingly allowing a minor to be in any public place during curfew hours;
Employee, operator, or owner of any establishment from knowingly allowing a minor to remain on the premises during curfew hours.
Adopt Ordinance 928 to add a new Article VII, “Curfew Hours for Minors”
Defenses exist for:
Being accompanied by adult or guardian;
On errand for parent without any detour or stop;
In a vehicle traveling between two points outside of the city;
Engaged in employment activity; or going to or from the place of employment;
Involved in an emergency or rendering aid to others in an emergency;
Adopt Ordinance 928 to add a new Article VII, “Curfew Hours for Minors”
Defenses continued:
On the sidewalk abutting minor’s residence or abutting next door neighbor if the neighbor hasn’t complained;
Attending, going to, or returning home from an official school, religious, or other recreational activity supervised by adults and sponsored by the City of Southlake, a civic organization,
a school district, or similar entity that has taken responsibility for the minor
Questions?
Wade Goolsby
Item 7B Consider adopting Ordinance 929 to adopt Ordinance to amend Chapter 58 making it unlawful for certain sex offenders to reside within 2000 feet of premises where children gather.
Adopt Ordinance to amend City Code to restrict the residency of registered sex offenders
State of Texas currently restricts registered sex offenders from living within 1000 feet of places where children gather
Attorney General issued ruling that allows cities to adopt a more restrictive Ordinance
Adopt Ordinance to amend City Code to restrict the residency of registered sex offenders
Proposed Ordinance increases the restriction of residence to 2000’ radius of premises where children gather;
Defined as Public or semi-public parks;
Public, semi-public, and parochial kindergartens;
Amusement arcades, indoor & outdoor amusement centers;
Public, commercial, and semi-private swimming pools;
Day nursery as defined in the Southlake Zoning Code
Adopt Ordinance to amend City Code to restrict the residency of registered sex offenders
Ordinance makes it unlawful to:
Lease, rent, or provide a residence with knowledge that it will be used as a residence for persons prohibited in this ordinance;
Adopt Ordinance to amend City Code to restrict the residency of registered sex offenders
Map showing residence restrictions will be maintained by Southlake Police Services and available to the public.
Adopt Ordinance to amend City Code to restrict the residency of registered sex offenders
Defenses:
Person restricted established a permanent residence prior to the adoption of this ordinance;
Person was a minor when they committed the offense and was not convicted as an adult;
Person required to register is a minor;
Premise where children gather opened after the person established permanent residence
Adopt Ordinance to amend City Code to restrict the residency of registered sex offenders
Public reminder
Don’t let this ordinance give you false sense of security;
It only applies to sex offenders who have been caught;
Only restricts a place of residence – not travel.
Questions?
Wade Goolsby