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Item 4BCity of Southlake, Texas MEMORANDUM January 28, 2004 TO: Honorable Mayor and Members of City Council FROM: Billy Campbell, City Manager SUBJECT: Agenda Item Comments and Other Items of Interest for City Council Meeting February 3, 2004. Note: City Secretary Lori Farwell will be out of the office until Monday, February 2. She will be attending the election law seminar in Austin at which time she will also receive her official Texas Municipal Clerk certification. 4B. City Manager's Report - Life Saving Award presentation to three Southlake residents On Sunday, August 23, 2003, Mr. Andrew Carlton was driving out of the Southlake Hills neighborhood when he had a heart attack behind the wheel which rendered him unconscious and unresponsive. His wife and 22 year old daughter were in the car with him. His daughter got out of the car and ran to get someone to call 9 -1 -1. Another neighbor, Jim Roach, drove up behind the Carltons. The daughter asked him for help. Mr. Roach moved Mr. Carlton out of the vehicle and immediately prepared to perform CPR. Mr. Carlton was not breathing and had no pulse. Colleen Leh, also a neighbor, ran to help Mr. Roach and together they began CPR. Ann Robbins, who lives in the neighborhood, is a retired cardio- pulmonary nurse specialist and also provided assistance. These three residents were able to get a pulse by the time assistance arrived. Medic 401 from the East DPS facility, crewed by firefighter /paramedic Wade Carroll and firefighter/EMT Clifton Halvorson, arrived on the scene approximately four minutes after the initial 9 -1 -1 call for help. Public Safety Officer Dwayne Letz and Engine 402, staffed by Lieutenant Shawn Fannan, firefighter /paramedic Randy Baker and firefighter /paramedic Jason Wise, arrived on the scene less than one minute later. Southlake emergency personnel immediately evaluated the patient's breathing and EKG and administered external cardiac defibrillation several times. CPR and pulse checks were maintained throughout treatment as Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest City Council Meeting February 3, 2004 Page 2 of 13 paramedics intubated and assisted the patient's breathing. An IV line was established and medications were administered. While still on the scene, Mr. Carlton regained his pulse and blood pressure. His respiratory attempts and his color continued to improve during emergency transport to Baylor Medical Center in Grapevine. Andrew Carlton was later released from the hospital with no neurological deficit. Today, with an internal defibrillator implanted in his chest, he is well, active and strong. The DPS Lifesaving Award will be presented to the three residents whose quick action saved Mr. Carlton's life. Contact Rick Black with any questions. 4C. Library Board Report. The Board respectfully submits a written report regarding the meeting agenda and other items of interest. Contact Kerry McGeath or John Eaglen with questions on this item. 4D. SPIN Report. The SPIN Standing Committee respectfidly submits a written report summarizing the January meeting and other current issues for your review. Contact John Eaglen with questions on this agenda item. 5A. Approve minutes for the January 20, 2004, regular City Council meeting The minutes are included in your packet. Contact Lori Farwell if you have questions or comments. 7A. ZA03 -098, Site Plan for Steak 'N Shake Restaurant. This site is located between the future bank and the constructed retail strip building at the northwest corner of North Nolen Drive and East Southlake Boulevard in Gateway Plaza, Phase II, a.k.a. Wyndham Plaza. This pad site was approved on the controlling concept and site plans for this development. The original pad was proposed for approximately 6,000 square feet and is reduced to approximately 4,000 square feet with this plan. A pitched roof is required for buildings having a footprint of 6,000 square feet or less. A variance is requested to allow a parapet type roof on the basis of compatibility with surrounding architecture and to allow adequate room for roof top ventilation and mechanical equipment. The Planning and Zoning Commission recommended approval (6- 0), subject to the plan review summary and allowing the requested variance. Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest City Council Meeting February 3, 2004 Page 3 of 13 Contact Bruce Payne or Dennis Killough with questions on this item. 7B. Resolution No. 04 -006, Southlake 2025 Plan - Vision, Goals, and Objectives. The City Council agenda packet for this item includes the final recommendations of both the Planning & Zoning Commission and the Southlake 2025 Steering Committee for Phase 1 - Vision, Goals, & Objectives. Contact Bruce Payne with question on this item. 8A. Ordinance No. 844, I' Reading, Amending Chapter 12 of the City Code, establishing designated speed limits within City parks. The City has ten parks within its system, none of which have a designated speed limit for vehicular traffic (park roads and parking lots). Given the high number of pedestrians and increased traffic flows it is proposed that an enforceable speed limit be considered as a method of providing improved safety for park patrons. Following consultation with the Public Works Department and the Department of Public Safety, it was determined that a survey of park speed limits in other Texas cities was an appropriate method of traffic study. Staff surveyed seventeen (17) cities and found that the average speed limit for park roads was 16 mph. Based on a review of the survey information with the Director of Public Safety and the Director of Public Works, it is recommended that a maximum speed limit of sixteen (16) miles per hour be established for all park roads and a maximum of five (5) miles per hour be established within park parking lots. Parks Board recommended approval of this item (8 -1) at their November 10, 2003, meeting with the dissenting vote indicating support for even lower speed limits. Sixteen miles per hour is atypical and draws greater attention to the posted speed limit. Please contact Community Services Director Malcolm Jackson with any questions or comments. 8B. Ordinance No. 850, l Reading, Amending Chapter 13, Peddlers and Solicitors, and Chapter 5, Businesses, Article VI, of the City Code. In an attempt to streamline and address issues facing the city, and to simplify administration and enforcement, staff has proposed to place all applicable solicitation/outdoor sales /mass gathering regulations into either the Peddlers and Solicitors Ordinance or the Zoning Ordinance (See item 8C for changes to the Zoning Ordinance). It is proposed that solicitation/ sales activities that are mobile in nature (door -to- Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest City Council Meeting February 3, 2004 Page 4 of 13 door sales /ice cream truck) or conducted on public property be regulated by the Peddlers and Solicitors Ordinance, while outdoor sales or services on private property will be regulated by the Zoning Ordinance. As a result, all regulations governing solicitation/outdoor sales /mass gathering activities will be located in just two ordinances and would be administered and enforced by either the Director of Public Safety (Peddler and Solicitors Ordinance) or the Zoning Administrator (Zoning Ordinance). During the past year the City Attorney's Office, the Department of Public Safety, and the Department of Planning have been reviewing and revising regulations which govern solicitation, outdoor sales and mass gathering activities. As a result, major revisions to the city's Peddlers and Solicitors Ordinance and the Zoning Ordinance are being proposed. (The Planning and Zoning Commission held a public hearing on the Zoning Ordinance amendments at its January 22 meeting -See item 8C). The proposed major changes to the peddlers and solicitors ordinance include • The Peddlers and Solicitors Ordinance will only regulate solicitation activity that is mobile in nature (door -to -door sales) or conducted on public property. • The definition of solicitation is expanded to include: 1) the collection of money for any purposes; and 2) the distribution of handbills or leaflets. • Canvassing activities are now regulated. • A person commits an offense if that person engages in a solicitation or canvassing activity within the roadway, or on any median or traffic island within the right -of -way of any street or highway within the city. • A person commits an offense if the person engages in solicitation or canvassing in an aggressive or intimidating manner. Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest City Council Meeting February 3, 2004 Page 5 of 13 • A person commits an offense if a person engages in a solicitation or canvassing activity at a residence after sunset. • A person commits an offense if the person engages in a solicitation activity with the occupant of any vehicle stopped or traveling or traveling on Highway 114, FM 1709, FM 1938, any street or highway within the Town Center Designation of the City's land use plan, or any street or highway in the city which is designated as an arterial or collector on the Master Thoroughfare Plan. • A person commits an offense if the person engages in solicitation activity on a sidewalk within the Town Center designation of the City's land use plan. • Solicitation activity in conjunction with a city - sponsored event (i.e. Art -in -the Square) is not regulated. • A non- profit organization or person conducting solicitation activity on behalf of a non- profit organization is exempt from payment of a permit fee. • The ordinance is solely administered and regulated by the Department of Public Safety. A copy of the revised Peddlers and Solicitors ordinance is provided in Council's packet. In addition, the Seasonal Sales Ordinance and the Mass Gathering Ordinance will be rescinded once the revised Peddlers and Solicitors Ordinance is approved. The City Council held a work session on the Peddlers and Solicitors Ordinance and the proposed amendments to the Zoning Ordinance on December 8, 2003 and discussed these at its August 5, 2003 regular meeting. Contact Bruce Payne with questions on this item. 8C. Ordinance No. 480 -UU, 1 st Reading, Amending Comprehensive Zoning Ordinance No. 480, as amended, as it pertains to Mass Gathering and Solicitation Activities. As mentioned above, staff is attempting to streamline solicitation, outdoor sales and mass gathering activities by Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest City Council Meeting February 3, 2004 Page 6 of 13 placing regulations relating to these activities into either the peddlers and solicitors ordinance or the zoning ordinance. The Planning and Zoning Commission held a public hearing on the proposed zoning ordinance changes as it relates to outdoor sales and mass gathering on January 22, 2004. At that meeting the Planning and Zoning Commission recommended (6 -0) approval of the amendments to the zoning ordinance as presented by staff with the following exception: Amend the mass gathering definition to read: "MASS GATHERING EVENT - A group of 300 or more persons assembled together for a meeting, festival, social gathering, entertainment, scheduled event or other similar event." A copy of the proposed revisions to the zoning ordinance is provided in Council's packet. Contact Bruce Payne with questions on this item. 8D. Ordinance No. 480 -429, l Reading (ZA03 -083), Zoning Change and Concept Plan for Lot 2, William Martin No. 1068 Addition. This is a request to change the zoning from AG to SF- 20A. The property is located at the northeast corner of Our Lane (a private ingress /egress easement) and Randol Mill Avenue. This area is designated for low density residential development on the land use plan. SF -20A is typically considered to be non - compliant with this land use category. The property was annexed into the City as an approximate 0.8 -acre tract of land ( 35,000 square feet). The net lot area, after considering the area that lies within the adjacent roadways, is approximately 24,000 square feet. The SF -20 district (minimum 20,000 square feet lot area) is the only detached single family residential district that can accommodate the situation. This property does not have access to sewer. The Zoning Board of Adjustments approved a variance to allow use of a septic system on property having less than one acre of land. The Planning and Zoning Commission recommended approval (6 -0). Contact Bruce Payne or Dennis Killough with questions on this item. Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest City Council Meeting February 3, 2004 Page 7 of 13 8E. Ordinance No. 480 -430, l Reading (ZA03 -103), Zoning Change for McClendon Subdivision on property located at 2745 Union Church. This property is on the north side of Union Church Road and is in an area of few remaining acreage properties surrounded by the Siena residential development. This is a request to change the zoning from AG to SF-IA on a 1.5 -acre tract. There is an existing home that is to be removed for new construction of a single family dwelling. There are no unresolved issues regarding this request. Contact Bruce Payne or Dennis Killough with questions on this item. 9A. Resolution No. 04 -009, Revising the Southlake Public Library's Internet Policy defining provided services. The library, as a result of the TIF grant that is currently being implemented, has purchased an automated reservation and print management system for internet computers. The automation system allows for self management of internet and printer use which requires a more defined policy of what we make available to our customers. We have changed language in the policy to indicate that we cannot guarantee access to all websites nor assume responsibility for any lack of availability. The revised policy also provides a method for the library staff to deal with patrons viewing obscene or offensive sites. Contact Kerry McGeath or John Eaglen with questions on this item. 9B. Resolution No. 04 -010, Revising the Southlake Public Library's Computer Use Policy accounting for technology changes and upgrades The computer use policy requires revision based on the changes brought about by the installation of the new automated reservation and print management systems. The new automation eliminates many of the functions that previously required staff intervention. The policy was revised to allow for reservations for computers to be made 24 hours in advance. Staff wanted to define the length of time in which users may utilize electronic resources. The general purpose of the revised policy is to clean up some language in order to better define use of the resources available in the library. Similar to the internet policy, staff included that violation of the computer use policy can result in the termination of use of the privilege and can result in removal for a period of time determined by Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest City Council Meeting February 3, 2004 Page 8of13 library staff There will be zero tolerance for those who misuse available resources. Contact Kerry McGeath or John Eaglen with questions on this item. 9C. Resolution No. 04 -011, Revising the Southlake Public Library's Loan Lengths Policy increasing the maximum limit of items on a per cardholder basis, and removing the restriction on renewing new books and books on tape. The original policy allowed customers to check out six items per visit and was established when the library first opened because of the limited number of items in the library collection. The library now has a collection close to 40,000 volumes and the low limit of materials that can be checked out is no longer needed. It has also become a customer service issue. Increasing the number of items that can be checked out to 18 per card is being recommended to more effectively satisfy customer demand. Staff will maintain the restrictions on DVD, video and music CDs to allow only three of each type to be checked out at one time. Staff would also recommend removing the restriction on no renewals for new books and books -on -tape. The library's materials reservation system now works to sufficiently allow staff to determine demand for an item. Contact Kerry McGeath or John Eaglen with questions on this item. 10A. Approval of action to provide contract extension and termination date for lease of Tucker property. The city currently has a no- charge lease with Marilyn Tucker in exchange for caretaker services for the property. This arrangement was advantageous since we weren't using the property. The property was originally purchased for, and has thus far been master planned as an equestrian -based facility. The yearly lease (and sub - lease) is set to expire on February 28, 2004. In light of the recent grassroots campaigns to examine this property closely for a number of uses, including as the basis of operations for a Southlake Nature Center, staff feels it appropriate to consider the feasibility of terminating the lease and transitioning to the public use of the property. There are a number of scenarios that could result in the property's use by the public, at least on an interim basis, until phased property development could occur. These may include, but are certainly not limited to, use exclusively as a Nature Center, use as a Nature Center and an Equestrian Facility, use as a Nature Center and Youth Social Facility, and use as any type of meeting /gathering facility. For any of these to occur, some costs for utilities, supplies and upkeep would be incurred. Use of the building by the public for any of Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest City Council Meeting February 3, 2004 Page 9 of 13 the above uses would be preceded by a transition plan to be developed by the Community Services Department. The Park Board voted 7 -1 at their regular meeting on January 12, 2004, to recommend to City Council to extend the current lease 90 days past the current expiration date of February 28, 2004, to May 31, 2004, and for staff to develop a transition plan for occupation of the property. Park Board member Elaine Cox dissented on the vote having proposed a shorter termination schedule. Contact Malcolm Jackson with any questions on this item. IOB. Approval of 2004 Community Services Agreement with the Southlake Women's Club for Art in the Square. The Southlake Women's Club is a non- profit organization that raises money for various charities in the area through the hosting of the annual Art in the Square event held at Southlake Town Square. The Southlake Women's Club is seeking use of City of Southlake equipment for their annual event, including but not limited to such items as a stage, sound system, trash cans, and similar event - related materials. Although the Southlake Women's Club is not seeking any direct funding from the City of Southlake, it is appropriate to establish a scope of services agreement to properly authorize the use of city equipment. Contact Malcolm Jackson with question on this item. IOC. Consider SP03 -084, Variance to Sign Ordinance No. 704 -A, for Cornerstone Plaza located at 2557 East Southlake Boulevard. This request came before the City Council in December of 2003. The applicant was asked to consider a more creative design and return to the Council. The original plan and revised plan are included in your packet. A variance to the height and sign area is requested. A comparison of the ordinance, original plan and revised plan follows: (_lrrlinnnra Max. height 5 f Max. area per sign face 50 sq. ft Max. area for sign structure 70 sq. ft Original Plan 8 ft - 7 in. 125 sq. ft. 125 sq. ft. RPVIQP(1 Plan 12ft —bin. 125 sq. ft. 218 sq. ft. Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest City Council Meeting February 3, 2004 Page 10 of 13 Note that the height was measured to the peak of the sign and that the main body of the sign is at 10 feet and 4 inches. The applicant believes that the standard sign size does not allow them room for the number of tenant signs needed. Contact Bruce Payne or Dennis Killough with questions on this item. 10D. Approval of the FY 2003 -04 to FY 2007 -08 Capital Improvements Program. At its January 20, 2004 meeting, the City Council reviewed the proposed FY 2003 -04 to FY 2007 -08 Capital Improvements Program (CIP). During a review of the CIP, staff informed City Council that the technical committee ranked the Southlake Corners cross connect drive reimbursement project low, due to limited funding, and as a result the project was not included for funding during the next five (5) years. This meant that the bridge between the Southlake Corners site (old Wal -Mart site) and Kroger Center site would not be built unless City Council desired to fund the project. Staff also informed City Council that the Kroger Center developer expressed no interest in funding 1 /3rd of the project cost ($70,000) and therefore the city's contribution towards the project would increase from $70,000 to $140,000 if the project was included in the five year CIP. Total project cost is expected to be $210,000. City Council instructed staff to work with the developer of Southlake Corners (Archon Retail) in an attempt to fund the project. As a result, the developer of Southlake Corners has agreed to design and construct the cross connection under the condition that the City reimburse the developer for 2 /3rds of the project cost (up to $140,000), by the spring of 2005. Therefore, the Southlake Corners Cross Connect Drive is now included as a FY 2004 -05 CIP project. A revised CIP spreadsheet which includes the Southlake Corners cross connect drive reimbursement project is included in Council's packet. Projects recommended for funding for this capital year (FY2003 -04) remained unchanged from last meeting. Contact Bruce Payne with questions on this item. Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest City Council Meeting February 3, 2004 Page 11 of 13 10E. Authorize the Mayor to execute a settlement agreement between the City of Southlake and AquaSource Utility, Inc., for operations and maintenance, sale of ground water supply and distribution systems and transfer of Certificate of Convenience and Necessity (CCN) in the Lakewood Ridge and the Indian Creek Estates subdivisions. As you know, the city and AquaSource, Inc. have been negotiating a settlement agreement since August, 2003 for transfer of CCN, assets and maintenance and operations of systems for Lakewood Ridge and Indian Creek subdivisions. The major components of the agreement are as follows: • Southlake will become certificated in both subdivisions. • AquaSource, Inc. will operate and maintain both pump stations and well systems and deliver each annually 4,000,000 gallons of water to Southlake at a delivery point designated by Southlake over the next five (5) years. • After closing the transaction, Southlake will pay AquaSource, Inc. $60,000. Each year, after satisfactory delivery of water, Southlake will pay AquaSource, Inc. $25,000 over the next five (5) years. • Five (5) years after the initial purchase, AquaSource transfers all assets to Southlake. It is projected that this settlement agreement will have no overall financial impact on Southlake customers. Funding for the initial payment is available in the FY 2003 -04 water utility operating budget. Contact Pedram Farahnak with questions on this item. 11A. ODtlons related to shared barking for Bicentennial Park and The Whitehouse at Bicentennial Commercial Office Complex. You will recall considering this issue when the site plan for this development was approved in August. We would like to discuss alternative parking options that have been raised by the developer with you on Tuesday evening. Contact me with questions concerning this item. OTHER ITEMS OF INTEREST Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest City Council Meeting February 3, 2004 Page 12 of 13 1. P &Z Commissioner Bill Vaughan attendance Attached is an email from Commissioner Bill Vaughan regarding his recent absences from two consecutive meetings. The City Charter states: "Planning and Zoning Commission members forfeit their office if they fail to attend two (2) consecutive regular meetings of the Commission without being excused by the Council." Commissioner Vaughan is asking Council's to excuse his absences. If you have any questions, please contact Lori Farwell or Mayor Wambsganss. 2. Tree Planted In Royal & Annie Smith Park For Johnson Road Rehabilitation Project. Last year 62 cedar elm trees were scheduled to be planted along Johnson Road to replace 36 trees that needed to be removed to properly rehabilitate the road and improve the drainage along the right -of -way and adjacent properties. As the project progressed, the City's landscape administrator and engineering inspectors performed in- the -field adjustments to preserve almost all of the trees previously scheduled to be removed. Because so many trees were saved there was virtually nowhere along the right -of -way to plant the 62 cedar elms that had already been purchased by the city. As a solution the landscape administrator and the Engineering Inspector worked with the contractor to plant a majority of the trees along the new sidewalk/trail constructed in Royal & Annie Smith Park adjacent to the project. Of the 15 trees that have died, 9 of the trees were replaced last fall and the other 6 are scheduled to be replaced this winter. Contact Malcolm Jackson with questions on this item. 3. Harris Methodist Tree Mitigation. The Harris Methodist development has completed their initial site work. In order to obtain a building permit, they were required to pay for tree mitigation assessments in the amount of $31,850, assessed in accordance with our tree preservation ordinance. These funds have been deposited into the reforestation fund. Contact Malcolm Jackson with questions on this item. 4. Attached you will find a letter from TxDOT Area Engineer Mark Schluter regarding the speed limit on the main lanes and frontage roads of SH 114. Contact Rick Black with questions on this item. Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest City Council Meeting February 3, 2004 Page 13 of 13 Staff Extension Numbers: Black, Rick, DPSDirector, 481 -2406 Campbell, Billy, City Manager, 481 -1409 Eaglen, John, Assistant to the City Manager, 481 -1433 Elam, Sharen, Finance Director, 481 -1713 Farahnak, Pedram, Public Works Director, 481 -2308 Farwell, Lori, City Secretary, 481 -1519 Hugman, Kevin, Human Resources Director, 481 -1952 Jackson, Malcolm, Community Services Director, 481 -1527 Killough, Dennis, Senior Planner, 481 -2073 Last, Greg, Economic Development Director, 481 -1671 McGeath, Kerry, Library Administrator, 481 -8378 Payne, Bruce, Planning Director, 481 -2036 Yelverton, Shana, Assistant City Manager, 481 -1429