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Item 5ACity of Southlake CITY COUNCIL MEETING February 18, 2003 MINUTES CITY COUNCIL PRESENT Mayor Rick Stacy, Mayor Pro Tem W. Ralph Evans, Deputy Mayor Pro Tem Greg Standerfer; Councilmembers: Carolyn Morris, Rex Potter, Keith Shankland, and Tom Stephen. CITY COUNCIL ABSENT None STAFF PRESENT City Manager Billy Campbell, Assistant City Manager Shana Yelverton, Assistant to the City Manager John Eaglen, Planning Director Bruce Payne, Senior Planner Dennis Killough, Senior Planner Ken Baker, Senior Planner Jayashree Narayana, Public Works Director Pedram Farahnak, Deputy Director of Public Works Charlie Thomas, Assistant to the Public Works Director Valerie Bradley, Finance Director Sharen Elam, Economic Development Director Greg Last, Economic Development Specialist Betsy Boyett, Director of Public Safety Rick Black, Human Resources Director Kevin Hugman, Acting Director of Community Services Malcolm Jackson, Deputy Director of Community Services Steve Polasek, Senior Parks Planner Chris Carpenter, Professional Standards Coordinator Robert Finn, Secretary to the City Manager Kim Bush, Deputy City Secretary Tara Brooks, City Attorney E. Allen Taylor, and City Secretary Lori Farwell. WORK SESSION The work session was called to order by Mayor Stacy at 5:31 p.m. City Council reviewed the agenda items with city staff and applicants. REGULAR SESSION Agenda Item No. 1, Call to order The regular session was called to order by Mayor Stacy at 6:27 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 551.073, deliberation regarding prospective gift; Section 551.074, deliberation regarding personnel matters; Section 551.076, deliberation regarding security devices; and Section 551.087, deliberation regarding economic development negotiations. City Council adjourned for Executive Session at 6:27 p.m. Executive Session began at 6:37 p.m. and ended at 7:23 p.m. Agenda Item No. 2B, Reconvene The Mayor reconvened the regular meeting at 7:31 p.m. Motion was made to authorize the city attorney to pursue litigation as discussed in executive session. Motion: Standerfer Second: Potter Ayes: Stephen, Evans, Shankland, Morris, Standerfer, Potter, Stacy Nays: None Approved: 7 -0 UNOFFICIAL CITY COUNCIL MEETING MINUTES, FEBRUARY 18, 2003, PAGE 1 OF 13 Agenda Item No. 3A . The invocation was presented by Coy Quesenbury, Lonesome Dove Baptist Church. Agenda Item No. 3B. Boy Scout Troop #928 presented the flags and led the audience in the pledge of allegiance. Mayor Stacy presented a proclamation to Brian Salin for achieving the Eagle Scout Award. A 30- second message to parents from the Drug and Alcohol Awareness Committee was presented. Agenda Item No. 4, Reports A. Mayor's Report: The Mayor announced upcoming meetings and events. The Mayor announced that his last single daughter was asked for her hand in marriage over Valentine's weekend. He said the family is excited and proud for her. Councilmember Shankland asked for the Council's support and the City's support in assisting local families and City staff members who have been called to active duty. He was recently approached by a Boy Scout Troop who expressed an interest in working with staff in supporting these families — whether it is babysitting while a mother goes grocery shopping or mowing lawns or trimming trees. The Scouts also expressed an interest in helping register people in the City of Southlake to vote by distributing voter registration cards. B. City Manager's Report: None. Consent Agenda 5A. Approval of the minutes of the City Council regular meeting held on February 4, 2003. Approved as amended on page 7. 5B. Resolution No. 03 -009, Appointing the Chair of the Board of Directors for the Tax Increment Reinvestment Zone Number One, City of Southlake, Texas, for 2003. Section 311.009(f) of the Tax Increment Financing Act (the "Act ") states the following: "Each year the governing body of the municipality shall appoint one member of the board to serve as chairman for a term of one year that begins on January 1 of the following year." Resolution No. 03 -009 provides for the City Council to meet this requirement. On January 21, 2003, the Board of Directors recommended the appointment of Mayor Pro Tern W. Ralph Evans to serve as the TIRZ Board of Directors Chair for 2003. 8C. Ordinance No. 841, 1S Reading, Approval of Wholesale System Access Fees required by the contract for water service between the City of Southlake and the City of Fort Worth dated September 4, 2002 On August 6, 2002, the Southlake City Council authorized the Mayor to execute a contract for water service between the City of Fort Worth and the City of Southlake for wholesale purchase of water. Subsequently, the Fort Worth City Council authorized and executed the contract on September 4, 2002. Entering into this standard contract has put us in the position of having to pass along Fort Worth's system access fee to customers tying into the system. In accordance with section 16. 1, "System Access Fees," Southlake agrees to pay Fort Worth a wholesale system access fee for each new or enlarged connection for water service made Southlake's service area served by the general benefit facilities of the Fort Worth Water System. The wholesale system access fee to Southlake for each such connection shall be based upon the size of the water meter. UNOFFICIAL CITY COUNCIL MEETING MINUTES, FEBRUARY 18, 2003, PAGE 2 OF 13 8D. ZA02 -123, Plat Revision, Lot 14, Block 1, Loch Meadow Estates on property located at 3053 Loch Meadow Court and being approximately 2.84 acres The property is located at 3053 Loch Meadow Court, east of Ridgecrest Drive adjacent to Grapevine Lake. The property is zoned SF -IA. The purpose of this request is to subdivide a 2.84 acre residential lot into two residential lots for single - family residences. One lot will be approximately 1.6 acres and the other lot approximately 1.2 acres. The Planning and Zoning Commission recommended approval subject to review on February 6, 2003. Council approval is subject to Plat Review Summary No. 2, dated January 31, 2003. 10A. Authorize the Mayor to execute a residential Developer's Agreement for Vermilion Addition, located on the north side of West Southlake Boulevard (FM 1709), west of Jellico Circle The final plat for the Vermilion Addition was approved on January 9, 2003. The construction of public facilities in the Vermilion Addition includes the construction of 1,240 linear feet of a cul -de -sac street, 2,300 linear feet of water line, 1,720 linear feet of sanitary sewer line, 1,600 linear feet of force main and 2,400 linear feet of storm water drainage and a sanitary sewer lift station. In the future, when a gravity sewer line on the south side of FM 1709 is available, the lift station can be taken out of service. This future lift station abandonment has been simplified by the fact that the developer has been required to bore a gravity line underneath and across FM 1709 to facilitate tying the sanitary sewer from Vermilion Addition into the gravity line south of FM 1709 in the future. The developer is requesting that the City Council give him credit on wastewater impact fees in Vermilion Addition estimated to be $18,902. The estimated cost of the bore is $25,786.30. The developer is also requesting that the City allow him to satisfy the park land dedication requirement by constructing a trail and entry signage in Royal and Annie Smith Park which is adjacent to the Vermilion Addition. This would be in lieu of paying a park fee of $23,496. The Park Board approved this recommendation on February 11, 2003. The developer requests wastewater fee credit in the amount of $18,902 and to construct a trail in lieu of a park fee of $23,496. Council stipulated the credits would not be given if, for some reason, the developer does not build the lift station. lOB. Authorize the Mayor to execute a residential Developer's Agreement for Clariden Ranch, Phase III, a 59 -lot subdivision located on North White Chapel Boulevard Tabled to the March 4, 2003, City Council meeting. IOC. Resolution No. 03 -010, Calling the General Election for May 3, 2003 This resolution sets out the procedures for conducting the General Election and includes the following information as required by the Election Code: the date of the election, the offices to be voted on, the polling place locations for early voting and election day, and the dates and hours for early voting and election day voting. Included in the resolution are the appointments of Robert Flaherty as Election Judge and Mark Spriggs as Alternate Election Judge. It is also recommended to pay $9.00 per hour for the two judges and $8.00 per hour for the clerks. This year presents challenges regarding the days and hours of early voting because the first weekend is Easter and the second weekend is Art In The Square. For these reasons, the City Secretary is recommending there be no early voting on either weekend and instead, offer extended hours the last two days of early voting, April 28 and 29 (7:00 a.m. to 7:00 p.m.). 10D. Approval of a contract for election services with Tarrant County Elections Administration and the City of Southlake This is Tarrant County's standard contract for election services. UNOFFICIAL CITY COUNCIL MEETING MINUTES, FEBRUARY 18, 2003, PAGE 3 OF 13 Included is a separation of duties between the County and the City. Several cost variables must be estimated until after the election is over, although Tarrant County has estimated costs of $6,855.90. Council will be committing to payment in full to Tarrant County for services pertaining to the May 3 General Election. If there is a run -off election required, the contract will need to be amended and placed on Council's agenda for approval at that time. 10E. Approval of FY2002 -03 to FY2006 -07 Capital Improvements Program Planning Director Bruce Payne presented this item to Council during work session. The CIP establishes a five year funding schedule for the purchase, construction, or replacement of physical assets of the City. Capital improvements typically have a useful life of over ten years and value greater than $10,000. The first year (FY 2002 -03) of the Capital Improvements Program is called the Capital Budget, and is appropriated in the same manner as the annual operating budget. Funds for projects are appropriated on an annual basis. Projects approved for subsequent years (FY 2003 -04 through FY 2006 -07) are approved for planning purposes only and do not receive expenditure authority until they are part of the Capital Budget. Deputy Mayor Pro Tern Standerfer said he wants to make sure everyone understands that this plan is capping out the debt as high as possible and will continue to cap it out as high as possible every year. Councilmember Stephen said he does not agree with the approval of the North Carroll project. He is not comfortable approving that item until the city has funding for the entire project. Mayor Pro Tern Evans agreed with Deputy Mayor Pro Tern Standerfer, this plan allows no wiggle room at all; there will be no extra money if it is needed. Deputy Mayor Pro Tern Standerfer said he cannot support the South Kimball project. He understands the need for it, but he cannot support it at this time. IOF. Approval to enter into an agreement with Dunkin, Sims, Stoffels, Inc., for the design and engineering of the Bob Jones Park Softball Facility Improvements The proposed contract is for $120,000, or 7.5% of the proposed construction budget of $1,600,000, with up to, but not to exceed, an additional $22,000 for reimbursable expenses to include geotechnical studies, surveying, and printing costs. Architectural/Engineering fees for a project of this size typically range between 8% and 10% of the construction budget. The proposed project was recommended for approval by the Parks Board at their February 10, 2003, meeting and was approved by SPDC at their February 18, 2003, meeting. Dennis Sims was present to answer Council's questions. Motion was made to approve consent agenda items 5A as amended; 513; 8C; 8D subject to Plat Review Summary No. 2, dated January 31, 2003; l0A stipulating that there will be no credits given if the developer does not build a lift station; IOB; IOC; IOD; 10E; and IOF. Motion: Potter Second: Evans Items 5A, 513, 8C, 10A, IOB, IOC, IOD, IOF: Ayes: Evans, Shankland, Morris, Standerfer, Potter, Stephen, Stacy Nays: None UNOFFICIAL CITY COUNCIL MEETING MINUTES, FEBRUARY 18, 2003, PAGE 4 OF 13 Item 8D and Item l0E (only the item ranked 73. 71, section 3B): Ayes: Evans, Shankland, Morris, Potter, Stephen, Stacy Nays: None Abstain: Standerfer Deputy Mayor Pro Tern Standerfer said he is not required to abstain on these items under the City ordinance or under State law, but he represented the applicant in 1997 and that representation accounted for more than 10% of his previous firm's income. That was before he was elected to Council, but he is going to abstain anyway. Item l0E (only on the items listed below): Ayes: Evans, Shankland, Morris, Potter, Stacy Nays: Standerfer, Stephen Deputy Mayor Pro Tern Standerfer voted no on the Kimball Road extension. Councilmember Stephen voted no on the engineering for the North Carroll Avenue project (Item ranked 87.13). He said there is about $2.2 million of future costs that we do not have the capacity to fund at this time; he is not in favor of starting projects until he knows how they are going to be finished. REGULAR AGENDA Agenda Item 6. Public Forum No one spoke. Agenda Item No. 7A. Ordinance No. 839, 2nd Reading, Changing street names of Oaklane North and Oaklane South to Pin Oak Circle East of Randol Mill Avenue, there is a horseshoe shaped street in the Oak Hill Mobile Home Park named Oak Lane North and Oak Lane South with 54 lots fronting the street. There is also another street named Oak Lane located in Cedar Oaks Estates south of Sleepy Hollow Trail. The Oak Hill Mobile Home Estates is presently being platted and re -named Pin Oak Estates and one property owner owns a large number of the present lots. To eliminate the confusion that exists with the duplication of the street named Oak Lane, staff has suggested a naive change for the horseshoe shaped street known as Oak Lane North and Oak Lane South. The developer pursuing the re- development suggested the name of Pin Oak Circle. City Council approved this ordinance on 1s reading on January 21, 2003. No one spoke during the public hearing. In accordance with Section 4.21 of the City Charter, the caption for this item is listed as follows: AN ORDINANCE CHANGING THE NAME OF TWO STREETS LOCATED WITHIN THE CITY PRESENTLY KNOWN AS "OAK LANE NORTH AND OAK LANE SOUTH ", EAST OF RANDOL MILL AVENUE, TO "PIN OAK CIRCLE ", FURTHER DESCRIBED IN EXHIBIT "A "; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING FOR THE REPEAL OF INCONSISTENT ORDINANCES. Motion was made to approve Ordinance No. 839, 2 " Reading. Motion: Potter Second: Stephen UNOFFICIAL CITY COUNCIL MEETING MINUTES, FEBRUARY 18, 2003, PAGE 5 OF 13 Ayes: Shankland, Morris, Potter, Stephen, Evans, Stacy Nays: Standerfer Approved: 6 -1 Agenda Item No. 7B. Ordinance No. 843, 2nd Reading, Consider declaring a one hundred twenty (120) day moratorium on solicitation or selling of merchandise by any individual, institution, or group organized for political, religious, charitable or profitable purposes on the streets, street right -of -ways, or medians within the City of Southlake Director of Public Safety Rick Black presented this item to Council. Recently, people have been standing at roadway intersections seeking donations for charities. Although current ordinance does not comprehensively address this activity, the Director of Public Safety has received reports from the public and from police officers that these individuals may be pursuing the donations in an unsafe manner. People seeking the donations have been viewed walking in public roadways where traffic is moving and, in some cases, obstructing the flow of traffic. The Director of Public Safety and Director of Planning have developed an ordinance which implements a one - hundred and twenty day (120) moratorium on all solicitation activities on public streets, street right -of -ways, medians or other areas of vehicular passage to: 1) ensure the physical safety of those who solicit; 2) ensure unimpeded traffic flow on public streets, and 3) provide the Departments of Public Safety and Planning the opportunity to determine appropriate and safe locations in the city in which solicitation activities may take place. No one spoke during the public hearing. In accordance with Section 4.21 of the City Charter, the caption for this item is listed as follows: AN ORDINANCE DECLARING A ONE HUNDRED TWENTY (120) DAY MORATORIUM ON SOLICITATION OR SELLING MERCHANDISE BY ANY INDIVIDUAL, INSTITUTION OR GROUP ORGANIZED FOR POLITICAL, RELIGIOUS, CHARITABLE OR PROFITABLE PURPOSES ON THE STREETS, STREET RIGHT -OF -WAYS, OR MEDIANS WITHIN THE CITY OF SOUTHLAKE; DIRECT THE DEPARTMENTS OF PUBLIC SAFETY AND PLANNING TO REVIEW AND AMEND THE CURRENT SOLICITOR'S ORDINANCE NO. 643 TO DETERMINE APPROPRIATE LOCATIONS FOR SOLICITATION ACTIVITIES THAT WILL ENSURE THE SAFETY AND GENERAL WELFARE OF THE CITIZENS OF SOUTHLAKE AND PERSON(S) CONDUCTING SOLICITATION ACTIVITIES AND REPORT TO THE CITY COUNCIL AS EXPEDITIOUSLY AS POSSIBLE; PROVIDE A PENALTY FOR VIOLATIONS HEREOF; PROVIDE A METHOD OF REPEAL OF THIS MORATORIUM; PROVIDE AN EFFECTIVE DATE; AND EXEMPT CITY APPROVED SPECIAL EVENTS, VENDORS SELLING FOOD OR DRINK PRODUCTS FROM A MOTORIZED VEHICLE, AND VEHICLES FOR HIRE AND REPAIR FROM THE REGULATIONS OF THIS MORATORIUM. Motion was made to approve Ordinance No. 843, 2nd Reading. Motion: Standerfer Second: Potter Ayes: Morris, Standerfer, Potter, Stephen, Evans, Shankland, Stacy Nays: None Approved: 7 -0 UNOFFICIAL CITY COUNCIL MEETING MINUTES, FEBRUARY 18, 2003, PAGE 6 OF 13 Agenda Item No. 7C. Resolution No. 03 -013, (ZA02 -119) Specific Use Permit for Special Events to allow a concert associated with Art in the Square: Senior Planner Dennis Killough presented this item to Council. The purpose of this request is to receive approval of a specific use permit for a special event to allow a concert in conjunction with the Art in the Square festival in the Southlake Town Square. The SUP for the Art in the Square event was approved last year to allow it as an annual event subject to staff approval, not requiring additional P &Z or City Council approval unless a significant change was made to the scope of the event. The arts and crafts booths, food and drink vendors and free entertainment within the main square of Town Square are essentially the same as previous years and are not part of this request. This request is for the additional concert event. The concert is scheduled for the evenings of April 25 & 26, 2003 beginning at 9:00 PM and ending at 10:30 PM each evening. The concerts would follow the closing of the Art in the Square booths. The stage and seating will be located in the large parking lot behind Pottery Barn and Crate and Barrel. There are 2,000 seats proposed. The area will be gated and secured by event staff provided by the sponsor Best Buy with additional support from Southlake DPS. It is the intent that the Art in the Square portion remain as previously approved. If the applicant wishes to hold the same or similar concert event next year or any other time, they must re -apply and receive the necessary approvals as required by the city codes. The Planning and Zoning Commission recommended approval on January 23, 2003, for the dates of April 25 -26, 2003. Terri Messing of the Southlake Women's Club was present to answer Council's questions. No one spoke during the public hearing. In accordance with Section 4.21 of the City Charter, the caption for this item is listed as follows: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS, GRANTING A SPECIFIC USE PERMIT FOR A SPECIAL EVENT TO ALLOW A CONCERT ASSOCIATED WITH ART IN THE SQUARE ON PROPERTY WITHIN THE CITY OF SOUTHLAKE, TEXAS, BEING LEGALLY DESCRIBED AS BLOCK 3R1, SOUTHLAKE TOWN SQUARE, PHASE 1, MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A ", AND AS DEPICTED ON THE APPROVED CONCEPT PLAN ATTACHED HERETO AND INCORPORATED HEREIN AS EXHIBIT `B" AND PROVIDING AN EFFECTIVE DATE. Motion was made to approve Resolution No. 03 -013 specifically approving a start time of 8:00 p.m. on April 26, 2003. Motion: Potter Second: Standerfer Ayes: Standerfer, Potter, Stephen, Evans, Shankland, Morris, Stacy Nays: None Approved: 7 -0 Agenda Item No. 7D. Resolution No. 03 -014, (ZA02 -120) Specific Use Permit for the sale of alcoholic beverages during the special events concert associated with the events of Art in the Square: Senior Planner Dennis Killough presented this item to Council. This SUP is for the sale of alcohol in the concert event area during the dates and times of the proposed concert event only. The Planning and Zoning Commission recommended approval on January 23, 2003, for event dates April 25 -26, 2003. No one spoke during the public hearing. UNOFFICIAL CITY COUNCIL MEETING MINUTES, FEBRUARY 18, 2003, PAGE 7 OF 13 In accordance with Section 4.21 of the City Charter, the caption for this item is listed as follows: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS, GRANTING A SPECIFIC USE PERMIT FOR THE SALE OF ALCOHOLIC BEVERAGES ON PROPERTY WITHIN THE CITY OF SOUTHLAKE, TEXAS, BEING LEGALLY DESCRIBED AS BLOCK 3R1, SOUTHLAKE TOWN SQUARE, PHASE 1, MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A ", AND AS DEPICTED ON THE APPROVED DEVELOPMENT PLAN ATTACHED HERETO AND INCORPORATED HEREIN AS EXHIBIT `B" AND PROVIDING AN EFFECTIVE DATE. Motion was made to approve Resolution No. 03 -014 Motion: Standerfer Second: Potter Ayes: Potter, Stephen, Evans, Shankland, Morris, Standerfer, Stacy Nays: None Approved: 7 -0 Agenda Item No. 7E. Resolution No. 03 -015, (ZA02 -121) Specific Use Permit for the sale of alcoholic beverages associated with the events of Art in the Square Senior Planner Dennis Killough presented this item to Council. This SUP for the sale of alcohol proposes to revise the parameters of the previously approved alcohol sales SUP for Art in the Square. The past events had confined the sale and consumption of alcoholic beverages to the Le Bistro area located along Civic Place and Grand Avenue. This year the Art in the Square festival is proposing to allow the public to carry drinks throughout the festival to improve the flow of the event and allow families to stay together while viewing the exhibits. The beer and wine sales will remain confined to the Le Bistro area. Wristbands will be sold to those wishing to purchase and consume alcoholic beverages. The event area will be gated and monitored by event staff and security and no alcohol will be allowed to enter or leave the event. If approved, it is the intent to allow this SUP to continue each year during the three days of this event so long as the event remains within the originally approved scope. The Planning and Zoning Commission recommended approval on January 23, 2003. No one spoke during the public hearing. In accordance with Section 4.21 of the City Charter, the caption for this item is listed as follows: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS, GRANTING A SPECIFIC USE PERMIT FOR THE SALE OF ALCOHOLIC BEVERAGES ON PROPERTY WITHIN THE CITY OF SOUTHLAKE, TEXAS, BEING LEGALLY DESCRIBED AS SOUTHLAKE TOWN SQUARE, PHASE 1, AND BEING 42.013 ACRES, MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A ", AND AS DEPICTED ON THE APPROVED DEVELOPMENT PLAN ATTACHED HERETO AND INCORPORATED HEREIN AS EXHIBIT `B" AND PROVIDING AN EFFECTIVE DATE. Motion was made to approve Resolution No. 03 -015. Motion: Standerfer Second: Potter Ayes: Stephen, Evans, Shankland, Morris, Standerfer, Potter, Stacy UNOFFICIAL CITY COUNCIL MEETING MINUTES, FEBRUARY 18, 2003, PAGE 8 OF 13 Nays: None Approved: 7 -0 Agenda Item No. 7F. Resolution No. 03 -019, Approval of a Mass Gathering Permit associated with the events of Art in the Square: Senior Planner Dennis Killough presented this item to Council. Art in the Square is scheduled for April 25 — 27, 2003, in Southlake Town Square and includes concert events on Friday and Saturday nights from 9 p.m. to 10:30 p.m. Chapter 3 of the City Code governs amusements and entertainments, specifically mass gatherings and outdoor music festivals. This ordinance, currently being updated by the Planning and Public Safety Departments, requires a hearing to be conducted with the promoter to ensure compliance with the ordinance via interview and investigation by the county health officer and deputy director of police services. On January 28, 2003, DPS officials met with representatives of the Southlake Women's Club and reviewed the ordinance and application. No one spoke during the public hearing. In accordance with Section 4.21 of the City Charter, the caption for this item is listed as follows: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS, APPROVING A MASS GATHERING PERMIT ASSOCIATED WITH THE EVENTS OF ART IN THE SQUARE ON PROPERTY DESCRIBED AS SOUTHLAKE TOWN SQUARE PHASE I, FOR THE DATES OF APRIL 25 -27, 2003. Motion was made to approve Resolution No. 03 -019 Motion: Standerfer Second: Potter Ayes: Evans, Shankland, Morris, Standerfer, Potter, Stephen, Stacy Nays: None Approved: 7 -0 Agenda Item No. 8A. Ordinance No. 480 -417, Is Reading (ZA02 -086) Zoning Change and Development Plan for Oak Pointe. Senior Planner Dennis Killough presented this item to Council. The property is located on the west side of Ridgecrest Drive, approximately 1200' north of East Dove Street and is approximately 27 acres. The current zoning is AG, the proposed zoning is RPUD and the LUD is "Low Density Residential." There are 26 residential lots proposed and five common area /open space lots. The density is 0.96 dwelling units per acre. The Planning and Zoning Commission recommended approval subject to review, granting the requested variances. The applicant is willing to install a temporary fire lane along the south boundary of site through the city property if it can be worked out with the city. He is also willing to move the entrance (street intersecting Ridgecrest) approximately 125' to the south. The plan before Council designates the required Sweet Street connection as a 24' wide common area /emergency and pedestrian access easement rather than a 50' public right of way. This street connection is required by the subdivision ordinance. It will provide a needed connection to North White Chapel Boulevard, allowing an alternate route for White Chapel, Sweet Street, and Ridgecrest residents during any street closures, will provide a more direct access for Ridgecrest residents to the future school on White Chapel, and will help disperse traffic in the area by offering multiple traffic routes. Applicant Kosse Maykus was present to answer Council's questions. UNOFFICIAL CITY COUNCIL MEETING MINUTES, FEBRUARY 18, 2003, PAGE 9 OF 13 The following people spoke on this item: Bob Templin, 2787 Ridgecrest Drive, Southlake, Texas. Said he started getting a large amount of run -off subsequent to the Kirkwood Addition development, and he does not want the situation to be exacerbated by this proposed development. He presented pictures of standing water around his home. He also expressed his concern regarding the addition of more traffic onto Ridgecrest Drive and pointed out visibility issues related to an S -curve on Ridgecrest Drive. Marion Compton, 225 Sweet Street, Southlake, Texas. Stated her opposition to the possibility of Sweet Street being made a through- street and said she collected letters from her neighbors who agree with her. She said there is no way Sweet Street can handle the additional traffic. She clarified that she is not opposed to the proposed development. She likes the way the lots are designed and the open space. Martin Schelling, 2665 North White Chapel Boulevard, Southlake, Texas. Stated that he is in favor of the proposed development. He likes the wrought iron fencing, the open space, and the 25,000 s.f. lots. He would much rather see lots of this size than SF -lA lots because they will look better and be better maintained. Mr. Maykus addressed Council's questions. He said all lots will have sidewalks. The open space will be very passive with walking trails, park benches, and picnic tables. He is scheduled to go before the Park Board in two weeks, but his plan is to donate nine acres to the City for public parkland. Mr. Maykus agreed with Mr. Templin, the water is primarily coming from the Kirkwood Hollow development across White Chapel Boulevard. Councilmember Potter said there needs to be some type of drainage plan before this comes back for second reading. Mayor Stacy asked staff their thoughts on the connection to Sweet Street. Senior Planner Killough said staff prefers there to be a road connecting to Sweet Street but at a minimum, staff asks Council to approve the DPS suggestion of an emergency gate. Mayor Stacy suggested that Council consider connecting to Sweet Street. CISD has proposed another school on North White Chapel Boulevard, and there is potential for a lot of traffic in years to come. Mr. Maykus said he is willing to participate in widening the approach at the intersection of Ridgecrest and Dove and feels that will improve traffic flow on Ridgecrest. The approach is extremely narrow which creates a back up of cars onto Ridgecrest. Deputy Mayor Pro Tem Standerfer suggested that the project engineer look at the pond and make it big enough to take in some of water coming across the property. Councilmember Morris expressed a concern regarding the open spaces being proposed as public parks and the City's costs of maintenance. She asked if the pond will be stocked with fish. Mr. Maykus said he would like to have fish but the adjacent apartment complex has an atrocious septic system and has poisoned the pond. The complex is not on sewer and their septic system does not work properly. UNOFFICIAL CITY COUNCIL MEETING MINUTES, FEBRUARY 18, 2003, PAGE 10 OF 13 Motion was made to approve Ordinance No. 480 -417, 1 st Reading, subject to Concept Plan Review Summary No. 5, dated February 14, 2003, granting the variances as requested in the review and in lieu of a connection to Sweet Street, requiring a pedestrian/emergency access to Sweet Street; approving the R -PUD regulations as proposed; and accepting Mr. Maykus' offer to widen the throat of the intersection of Dove and Ridgecrest. Motion: Standerfer Second: Evans Ayes: Shankland, Morris, Standerfer, Potter, Stephen, Evans, Stacy Nays: None Approved: 7 -0 Agenda Item No. 8B. Ordinance No. 480 -TT, 1 st Reading, An amendment to the Comprehensive Zoning Ordinance No. 480, as amended, as it pertains to the Planned Unit Development District ( PUD). 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 permit an applicant to request up to 10% of the land area within the PUD boundary to have ancillary uses. The City Council approved an amendment (480 -RR) removing the provision on November 19, 2002. Following more discussions on the Southlake Town Square residential brownstones, additional concerns were raised about the ability to make future requests for attached, townhouse, or apartment -type residential units within the RPUD zoning district. The City Council directed staff to bring forward an amendment removing language regarding these types of structures and to add language limiting the RPUD district to single - family detached type residential units. Staff was also asked to include a minimum lot area provision for RPUD. This amendment also removes some language regarding ancillary uses and mixed use type development that no longer applies following the removal of ancillary use provisions. The Planning and Zoning Commission recommended denial on February 6, 2003. Their reasons were as follows: 1) they did not see any issues specific to the RPUD that created a need for such changes to be made; 2) they stated that the brownstone issue was separate and distinct from the RPUD and therefore should not be tied to making such changes; and 3) they noted that such changes should be considered in a comprehensive fashion (in the way that the MH study was done). P &Z also noted that suggested changes to the city's PUD standards should be made in light of the results of the Southlake 2025 planning effort, which would provide a solid land planning basis for making changes. A super - majority vote in the affirmative by the City Council is required to over -rule the P &Z's recommendation for denial of this request. Council discussed how to proceed with this ordinance. Council discussed their approval of Ordinance No. 480 -RR in November 2002 which removed the residential component from the NR -PUD which, in turn, eliminated Cooper & Stebbins' ability to have brownstones in their current zoning district. Council discussed the fact that when they approved that ordinance, they understood it would not have any effect on Cooper & Stebbins' current application. City Attorney Taylor said he needs to review all the ordinances and applications with staff in order to clarify the NR -PUD issues. Mayor Stacy asked staff to present a report to Council at their work session on February 20. UNOFFICIAL CITY COUNCIL MEETING MINUTES, FEBRUARY 18, 2003, PAGE 11 OF 13 Council agreed to table this item until March 4 to allow time for staff and the city attorney to research the issues. Motion was made to table Ordinance No. 480 -TT, 1 st Reading, to the March 4, 2003, City Council meeting. Motion: Standerfer Second: Potter Ayes: Morris, Standerfer, Potter, Stephen, Evans, Shankland, Stacy Nays: None Approved: 7 -0 Auenda Item 11A. Review of Ordinance No. 635. Code of Ethics and Conduct. This item was included on the agenda for discussion at the request of Mayor Stacy. Councilmember Morris suggested forming a review committee made up of ten residents to look at this ordinance although she would like to move this item to the June 17 Council meeting to give everyone more time to review it. Deputy Mayor Pro Tem Standerfer would like to go ahead and address it. He has forwarded his comments to the City Secretary and asked her to forward them on to the Council. Prior to moving in any one direction, Councilmember Stephen feels Council needs to have a work session to review the issues and determine what should be done. Mayor Pro Tem Evans discussed the history of the Southlake ethics ordinance and warned that it has many heads. He said Council can create a many more headed monster, or they can stay close to state law which has been tested and reviewed. He is not saying improvements cannot be made to the ordinance, but it has many heads and everyone needs to pay attention to each one. He hopes that Council doesn't get into something that would preclude good people from serving on boards just because they do business with somebody and create an ordinance that nobody can live up to. Councilmember Potter said his objective is to never have a Councilmember who leaves any doubt in anyone's mind as to what is going on. Mayor Pro Tem Evans said it is very hard to control perception. Mayor Stacy said half of the people on the committee should be comprised of people who have previously served on boards. Deputy Mayor Pro Tem Standerfer said that accusations of ethics violations need to be dealt with quickly, and he feels that Council needs to deal with the ordinance quickly, too. Mayor Stacy asked that this item be placed on the next Council agenda for discussion. Councilmembers need to get any comments to the City Secretary, and she will include them in their packets. Agenda Item 12. Meeting Adjourned There being no further business to discuss, the meeting was adjourned at 9:43 p.m. UNOFFICIAL CITY COUNCIL MEETING MINUTES, FEBRUARY 18, 2003, PAGE 12 OF 13 Rick Stacy Mayor ATTEST: Lori A. Farwell City Secretary UNOFFICIAL CITY COUNCIL MEETING MINUTES, FEBRUARY 18, 2003, PAGE 13 OF 13