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Item 5ACity of Southlake CITY COUNCIL MEETING December 17, 2002 MINUTES CITY COUNCIL PRESENT Mayor Rick Stacy, Mayor Pro Tern W. Ralph Evans, Deputy Mayor Pro Tern Greg Standerfer; Councilmembers: Carolyn Morris, Rex Potter (left at 7:34 p.m.), Keith Shankland and Tom Stephen. CITY COUNCIL ABSENT None. STAFF PRESENT City Manager Billy Campbell, 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, Economic Development Director Greg Last, Acting Director of Community Services Malcolm Jackson, Manager of Technical Services Gary Gregg, Director of Public Safety Rick Black, Police Chief Marlin Price, Court Administrator Sean Leonard, 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 5:39 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 6:35 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 551.073, 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 6:35 p.m. Executive Session began at 6:45 p.m. and ended at 7:12 p.m. Agenda Item No. 2B, Reconvene City Council reconvened the regular meeting at 7:15 p.m. Motion was made to authorize the City Attorney to continue the amortization process with respect to Hanson Aggregate Central, Inc., as discussed in Executive Session. Motion: Standerfer Second: Evans Ayes: Stephen, Evans, Shankland, Morris, Standerfer, Potter, Stacy Nays: none Approved: 7 -0 Agenda Item No. 3 . The invocation was presented by David Whitington of Christ Our King Church. Mayor Stacy led the Pledge of Allegiance. UNOFFICIAL CITY COUNCIL MEETING MINUTES, DECEMBER 17, 2002, PAGE 1 OF 8 Director of Public Safety Rick Black read a 30- second message to parents from the Drug and Alcohol Awareness Committee. Agenda Item No. 4, Reports A. Mayor's Report — The Mayor announced upcoming meetings and events. The Mayor presented Coach Todd Dodge and several Dragon football players with a Proclamation which proclaimed December 19, 20, and 21, 2002, as Carroll Dragon Spirit Days for bringing statewide recognition to the City of Southlake during the Dragons' first year in 5A competition. The Dragons will be going to the Alamodome in San Antonio on Saturday, December 21, 2002, for the 5A State Championship Title. B. City Manager's Report — City Manager Billy Campbell asked everyone to keep Finance Director Sharen Elam's father, who is ill, in their thoughts. Consent Agenda 5A. Approval of the minutes of the City Council regular meeting held on December 3, 2002 Approved as presented. 5B. Authorize the Mayor to execute a residential developer's agreement for Timarron Village H, Phase III (Colleyville) for water system improvements only Public Works Director Pedram Farahnak presented this item to Council during Work Session. On March 5, 2002, the City Council approved an interlocal agreement with the City of Colleyville to supply water service to Timarron Village H, Phase III subdivision within the City of Colleyville. The construction plans have been prepared and the developer is ready to begin construction. The new water system will be constructed by the developer to serve Timarron Village H, Phase III, in Colleyville and will consist of 2,000 feet of 8 -inch pipe which will be part of the City of Southlake water system when completed. The developer has dedicated easements to the City of Southlake for the water lines. There are 25 lots to be served in the City of Colleyville by the extension of the City of Southlake water lines. The City of Southlake holds certification from the state to provide water service to this area within Colleyville city limits. When the property owners of the individual houses have meters set, water impact fees will be paid to the City of Southlake. The developer, also, is requesting permission to construct a security booth and keypad and landscaping improvements within the median of Byron Nelson Parkway in the City of Southlake and some aesthetic pavement treatment such as pavers to the entrance of the subdivision in Colleyville. The gates to the subdivision will be in the City of Colleyville. 5C. Ordinance No. 480 -224a, 1 st 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 (EM. 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 January 7, 2003, City Council meeting. 5D. ZA02 -043, Development Plan for Southlake Town Square, Phase IV, located on the east side of Central Avenue, north side of East Southlake Boulevard and the south side of State Highway 114. Current Zoning: NR -PUD — Non - Residential Planned Unit Development District. SPIN Neighborhood 98 . Tabled to the January 7, 2003, City Council meeting. UNOFFICIAL CITY COUNCIL MEETING MINUTES, DECEMBER 17, 2002, PAGE 2 OF 8 5E. ZA02 -044, Preliminary Plat for Southlake Town Square, Phase IV, located on the east side of Central Avenue, north side of East Southlake Boulevard and the south side of State Highway 114. Current Zoning: NR -PUD Non - Residential Planned Unit Development District. SPIN Neighborhood #8 . Tabled to the January 7, 2003, City Council meeting. 8B. Ordinance No. 480 -410, 1 st Reading (ZA02 -104) Zoning and Concept Plan for Southlake Town Square located on the south side of State Highway 114, north side of East Southlake Boulevard and east side of North Carroll Avenue. Current Zoning: NR -PUD Non - Residential Development District. Requested Zoning: DT Downtown District. SPIN Neighborhood #8. Council agreed to approve this ordinance on 1 st Reading and hold a Work Session on January 6 before the 2nd Reading on January 21. 9A. Resolution No. 02 -050, Consolidation with Tarrant County for the recording of Vital Statistic documents. Records for deaths and births that occur within the City of Southlake are currently maintained by the City Secretary's office who serves as the Local Registrar. In the past year, the City Secretary's office has received 20 death certificates and no birth certificates within Tarrant County. The Texas Department of Health Bureau of Vital Statistics encourages smaller cities, like Southlake, who have so few records to consolidate with the county for those services. For the City of Southlake, having the City Secretary serve as Local Registrar is not cost - effective due to the high costs of specialized materials and the costs and time involved in obtaining the required certification to be a Local Registrar as the laws are very specific regarding proof of paternity, amendments to death certificates, etc. The Tarrant County Commissioners agreed to consolidate these duties into their county. In accordance with Section 4.21 of the City Charter, the caption for this item is listed as follows: A RESOLUTION OF THE CITY OF SOUTHLAKE, TEXAS, TRANSFERRING THE DUTIES OF LOCAL REGISTRAR FOR VITAL STATISTICS FOR THE PORTION OF SOUTHLAKE WITHIN TARRANT COUNTY TO THE TARRANT COUNTY CLERK AND PROVIDING AN EFFECTIVE DATE. 9B. Resolution No. 02 -073, Consolidation with Denton County for the recording of Vital Statistic Documents. Records for deaths and births that occur within the City of Southlake are currently maintained by the City Secretary's office who serves as the Local Registrar. In the past year, the City Secretary's office has not received any death or birth certificates from within Denton County. The Texas Department of Health Bureau of Vital Statistics encourages smaller cities, like Southlake, who have so few records to consolidate with the county for those services. For the City of Southlake, having the City Secretary serve as Local Registrar is not cost - effective due to the high costs of specialized materials and the costs and time involved in obtaining the required certification to be a Local Registrar as the laws are very specific regarding proof of paternity, amendments to death certificates, etc. The Denton County Commissioners agreed to consolidate these duties into their county. In accordance with Section 4.21 of the City Charter, the caption for this item is listed as follows: A RESOLUTION OF THE CITY OF SOUTHLAKE, TEXAS, TRANSFERRING THE DUTIES OF LOCAL REGISTRAR FOR VITAL STATISTICS FOR THE PORTION OF SOUTHLAKE WITHIN DENTON UNOFFICIAL CITY COUNCIL MEETING MINUTES, DECEMBER 17, 2002, PAGE 3 OF 8 COUNTY TO THE DENTON COUNTY CLERK AND PROVIDING AN EFFECTIVE DATE. 9C. Resolution No. 02 -072, Appointing the Deputy City Secretary as Acting City Secretary in the absence of the City Secretary. In 1989, City Council approved Resolution 89 -52 which appointed Kim Bush, Secretary to the City Manager, as Acting City Secretary in the absence of the City Secretary. In 2002, the position of Deputy City Secretary was created, and it is recommended that the duties of Acting City Secretary now be appointed to the Deputy City Secretary. 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, APPOINTING AN ACTING CITY SECRETARY, AND PROVIDING FOR AN EFFECTIVE DATE UPON PASSAGE AND e . 9D. Resolution No. 02 -074. Inclusion of a message to Barents at every Citv Council and Planning and Zoning Commission meeting, as recommended by the Drug and Alcohol Awareness Committee. In response to a presentation by Brad Bartholomew, Chairperson of the Joint Drug and Alcohol Awareness Committee, Councilmember Rex Potter has requested consideration of a resolution requiring the presentation of the Committee's "30- Second Message" during all regular City Council and Planning and Zoning Commission meetings and all other City Council sponsored public meetings over the next year. The Committee believes that most of their education efforts over the past five years of the committee have been very ineffective in reaching parents. As a result, the Committee has developed a 30- second message designed to get the word out to parents that they need to pay closer attention to their children. 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, ACCEPTING A RECOMMENDATION FOR THE PROVISION OF A 30- SECOND MESSAGE TO PARENTS AT REGULAR CITY COUNCIL AND PLANNING AND ZONING COMMISSION MEETINGS AND ALL OTHER CITY COUNCIL SPONSORED PUBLIC MEETINGS FOR THE NEXT YEAR; AND PROVIDING AN EFFECTIVE DATE. 10A. Approval of Agreement for Community Services with Sister Cities This agreement is brought to Council for renewal annually after approval of the City budget and stipulates the services to be provided by Southlake Sister Cities to the residents of Southlake. The funding request of $1,000 is within the amount approved by City Council in the budget line item for Community Services. The proposed agreement is similar to that which was used last year and has met with the approval of the Southlake Sister Cities Board of Directors. IOB. Authorize the Mayor to accept Southwestern Drive, presently a private drive intersecting and extending west of Mustang Drive, as a public street Deputy Director of Public Works Charlie Thomas presented this item to Council during the Work Session. In 1999, the City Council approved an interlocal agreement with the City of Grapevine which included an advanced funding agreement with the Texas Department of Transportation (TxDOT) to construct a cul -de -sac street named Mustang Drive that intersects SH 26. Mustang Drive is UNOFFICIAL CITY COUNCIL MEETING MINUTES, DECEMBER 17, 2002, PAGE 4 OF 8 in the City of Southlake and that section of SH 26 is in Grapevine. Both cities provided funding along with TxDOT and TxDOT constructed Mustang Drive, railroad crossing and traffic signals at the intersection of Mustang Drive and SH 26. Diamond Shamrock (now Valero) Petroleum facilities are located west of Mustang Drive. They obtained an easement across private property to construct a new driveway access to Mustang Drive. The private property owner required Diamond Shamrock to construct the driveway to City of Southlake street standards. The City Engineer required the driveway to be 37 -feet wide with 8 -inch reinforced concrete pavement. The construction was inspected by the Public Works Department inspectors. The construction was completed in 2001. Diamond Shamrock has requested that the driveway be accepted as a public street at this time and the property owner, Joe Wright, concurs due to the fact that development of the property adjacent to the driveway will have to take access from the driveway because the Dart railroad lies between the property and SH 26 and DART will probably not allow a railroad crossing for another driveway. The Public Works Department has made a visual inspection of the pavement, recently and the pavement appears to be in good condition. Joe Wright has also committed to install all related water, sewer, etc. utilities within this right of way in accordance with the City of Southlake's requirement no later than 2003. During Work Session, Council agreed to approve this item subject to a clean level one assessment and if the assessment raises an issue with respect to any contamination then the dedication may only be accepted upon delivery of an environmental indemnity acceptable to the City Attorney. IOC. Approval of a variance to Sign Ordinance No. 704 -A for Ultimate Electronics located at 2727 East Southlake Boulevard Acting Director of Community Services Malcolm Jackson presented this item to Council during the work session. Steve Youel of Gordon Sign Co., on behalf Ultimate Electronics, is seeking a variance to Sign Ordinance No. 704 -A to relocate their existing monument sign closer to the roadway from the existing required fifteen foot R.O.W. /property line setback. The R.O.W. /property line is not the curb line; it is 20 feet from the curb. The applicant desires to put the monument sign at a point no closer than three feet to the north R.O.W. /property line. The relocation is being sought by the applicant as a remedy to alleviate limited visibility for westbound traffic caused by an existing tree line. IOD. Approval of a variance to Sign Ordinance No. 704 -A for Carroll Independent School District located at 1501 W. Southlake Boulevard Acting Director of Community Services Malcolm Jackson presented this item to Council during the work session. Jim Schiele, on behalf of Carroll Independent School District, is requesting a variance to install a special purpose sign on the campus of Carroll Senior High School located at 1501 W. Southlake Boulevard. A special purpose sign is allowed by ordinance to be no more than 9 feet high with an area of no more than 32 square feet per face and a placement period of no more than 21 days. The proposed sign would be a permanent installation of a single faced sign with an area of 236 square feet and an overall height of 21 feet to be mounted on posts. It is staff s understanding from lacrosse representatives that the Lacrosse Association will be paying for this sign in lieu of direct payments to CISD for field utilization cash payment. Those details of the arrangement are between the association and CISD only and do not otherwise impact the city. UNOFFICIAL CITY COUNCIL MEETING MINUTES, DECEMBER 17, 2002, PAGE 5 OF 8 11A. Ordinance No. 480 -SS, 1 st Reading, An amendment to the Comprehensive Zoning Ordinance No. 480, as amended, as it pertains to the creation of a `Downtown' Zoning District Council agreed to approve this ordinance on 1 st Reading and hold a Work Session on January 6 before the 2nd Reading on January 21. Motion was made to approve consent agenda items 5A, 513, 5C (to table), 5D (to table), 5E (to table), 813, 9A, 913, 9C, 9D, 10A, lOB subject to a clean level one assessment and if the assessment raises an issue with respect to any contamination then the dedication may only be accepted upon delivery of an environmental indemnity acceptable to the City Attorney, 10C, l OD, and 11 A. Motion: Standerfer Second: Stephen Items 5A, 513, 5C (to table), 5D (to table), 5E (to table), 9A, 913, 9C, 9D, 10A, IOB, IOD: Ayes: Evans, Shankland, Morris, Standerfer, Potter, Stephen, Stacy Nays: none Approved: 7 -0 Councilmember Potter stated he is agreeing to move the Downtown Zoning District items forward on first reading but acknowledged that the Council has a lot of work to do towards it, and he will not hesitate to ask Council to table it again if need be. Items 813, 1OC, and 11A: Ayes: Evans, Shankland, Standerfer, Potter, Stephen, Stacy Nays: Morris Approved: 6 -1 Councilmember Morris stated she does not feel the Council is ready to move forward with the items that relate to the Downtown Zoning District. REGULAR AGENDA Agenda Item 6. Public Forum No one spoke. Councilmember Potter had to leave the meeting at 7:34 p.m. Agenda Item 7A. Ordinance No. 840, 2nd Reading, An ordinance amending Ordinance No. 530 - A and Chapter 4 "Animals" of the Southlake City Code, amending the administrative procedures relating to the regulation of Dangerous Dogs and Animals Director of Public Safety Rick Black presented Ordinance No. 840 to the Council. The proposed Ordinance amends the Southlake City Code Section on Animals. The changes move the administrative hearing process from the Director of Public Safety to the Municipal Court Judge. Currently, the Code allows citizens and police officers who have been attacked by a dog or other animal to file a complaint. That complaint requires the Director of Public Safety to hold an administrative hearing to determine the disposition of the animal. Having the Director of Public Safety, or his designee, hold this hearing gives the impression of a conflict of interest. Owners of animals who are the subject of the hearing frequently believe a preconceived notion of guilt exists. Moving this hearing to the Municipal Court will provide a more neutral and judicial process. The Ordinance also removes the appeal process to the City Manager's Office and any appeals that are taken to the judgment of the Municipal Court will go to the appropriate appeal court. UNOFFICIAL CITY COUNCIL MEETING MINUTES, DECEMBER 17, 2002, PAGE 6 OF 8 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 OF THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS, AMENDING ORDINANCE NO. 530 -A; PROVIDING DEFINITIONS; PROVIDING FOR THE REGULATION OF DANGEROUS DOGS AND OTHER DANGEROUS ANIMALS; AMENDING THE ADMINISTRATIVE PROCEDURES RELATING TO REGULATION OF DANGEROUS DOGS AND DANGEROUS ANIMALS; PROVIDING FOR PROCEDURES AND POLICIES TO FACILITATE THIS ORDINANCE; PROVIDING PENALTIES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR PUBLICATION; PROVIDING A SAVINGS CLAUSE; AND PROVIDING AN EFFECTIVE DATE. Motion was made to approve Ordinance No. 840, 2nd Reading. Motion: Stephen Second: Standerfer Ayes: Shankland, Morris, Standerfer, Stephen, Evans, Stacy Nays: None Approved: 6 -0 Mayor Stacy announced that the City Council would be going into Executive Session pursuant to the Texas Government Code, Section 551.074, deliberation regarding personnel matters. Council adjourned for Executive Session at 7:37 p.m. Executive Session began at 7:37 p.m. and ended at 8:05 p.m. City Council reconvened the regular meeting at 8:06 p.m. Agenda Item 8A. Ordinance No. 837, 1 st Reading, Appointing an Alternate Municipal Judge and authorizing the Mayor to execute an agreement with the Alternate Municipal Judge and providing an effective date. On October 15, 2002, the Southlake City Council formally accepted the resignation of Associate Judge Andrew Wambsganss. The Council then met with Judge Carol Montgomery on November 5, 2002, and tasked her with narrowing the list of prospective alternate judge applicants to three candidates. Judge Montgomery then met with all known applicants and gave the Council her recommendations for the Alternate Judge's position. The Council interviewed three applicants during Executive Session. Motion was made to approve Ordinance No. 837, 1 st Reading, appointing Gary Lee Hach as Alternate Municipal Judge for a two year term. Motion: Standerfer Second: Evans Ayes: Morris, Standerfer, Stephen, Evans, Shankland, Stacy Nays: None Approved: 6 -0 Agenda Item 12. Meeting Adjourned There being no further business to discuss, the meeting was adjourned at 8:07 p.m. UNOFFICIAL CITY COUNCIL MEETING MINUTES, DECEMBER 17, 2002, PAGE 7 OF 8 Rick Stacy Mayor ATTEST: Lori A. Farwell City Secretary UNOFFICIAL CITY COUNCIL MEETING MINUTES, DECEMBER 17, 2002, PAGE 8 OF 8