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Item 5ACity of Southlake CITY COUNCIL MEETING MINUTES September 16, 2003 CITY COUNCIL PRESENT: Mayor Andy Wambsganss; Mayor Pro Tem W. Ralph Evans; Deputy Mayor Pro Tem Rex Potter; Councilmembers: Carolyn Morris, Keith Shankland, Councilmember Greg Standerfer and Tom Stephen. CITY COUNCIL ABSENT: None. STAFF PRESENT: City Manager Billy Campbell, Assistant to the City Manager John Eaglen, Executive Secretary Kim Bush, Library Administrator Kerry McGeath, Manager of Technical Services Gary Gregg, Audio Visual Technician Pam Jordan, Director of Community Services Malcolm Jackson, Deputy Director of Community Services Steve Polasek, Recreation Supervisor Steve Moore, Director of Economic Development Greg Last, Director of Finance Sharen Elam, Director of Human Resources Kevin Hugman, Director of Planning Bruce Payne, Senior Planner Dennis Killough, Senior Planner Ken Baker, Director of Public Safety Rick Black, Chief of Fire Robert Finn, Deputy Director of Administrative Services Garland Wilson, Police Lieutenant Rusty Daniels, Public Works Director Pedram Farahnak, Deputy Director of Public Works Charlie Thomas, Assistant to the Director of Public Works Valerie Bradley, City Attorney E. Allen Taylor, City Attorney Fritz Quast, and City Secretary Lori Farwell. WORK SESSION: The work session was called to order by Mayor Wambsganss at 5:43 p.m. City Council reviewed the agenda items with city staff and applicants. Council added agenda item 10B to the consent agenda. REGULAR SESSION: Agenda Item No. 1, Call to order: The regular session was called to order by Mayor Wambsganss at 6:23 p.m. Agenda Item No. 2A, Executive Session: Mayor Wambsganss 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 6:23 p.m. Executive Session began at 6:37 p.m. and ended at 7:15 p.m. Agenda Item No. 2B, Reconvene: Mayor Wambsganss reconvened the regular meeting at 7:21 p.m. The Mayor asked if there was any action necessary as a result of the executive session. City Attorney E. Allen Taylor made the following statement: “In executive session, one of the items that was discussed with Council was legal issues relating to our procedure for proceeding with the implementation of our comprehensive plan update. You will recall that previously the 2025 Committee was created to do the initial study and evaluation of a vision for the community, to identify goals and objectives, to meet with all the different citizen groups and organizations UNOFFICIAL CITY COUNCIL MEETING MINUTES, SEPTEMBER 16, 2003 OF 7 PAGE 1 that could assist in that. They have advised the staff and the Council that they now have a draft interim report ready and are finalizing a final document. It has taken approximately a year and, of course, development is moving forward and the city is quite interested in getting the master plan update advanced as rapidly as possible. A suggestion has been presented by the Council, that the matter be moved now from the 2025 Committee to the City’s Planning and Zoning Commission. As you all are aware, the 2025 Committee is an advisory board, in essence, to an advisory board. They make the recommendation which will go to the Planning and Zoning Commission; the Planning and Zoning Commission will then review that and begin to develop implementation strategies involving Thoroughfare Plan updates, Master Land Use Plan map updates and recommendations for development regulatory change. Those matters will then ultimately come to the City Council for final determination. The issue now presented is, due to the length of time this has taken and the changing work load of the Planning and Zoning Commission, it is our understanding that the Council would prefer the staff to coordinate with the two bodies and to begin to move the report of the 2025 Committee to the Planning and Zoning Commission and ask the Chairman of that Commission to initiate the Planning and Zoning Commission’s review and implementation of their phase of the Master Plan Update program. It is our understanding that that is the information that you desire us to transmit to the two committees involved – the Planning and Zoning Commission and the 2025 Committee – and if this is your intent, that is what staff will do later this week. Have we correctly interpreted the Council’s intent in this regard?” Mayor Wambsganss said he thinks that accurately represents the general sentiment of the Council. Agenda Item No. 3, Invocation: The invocation was given by David Dyke from Refuge Church. Mayor Wambsganss led the audience in the Pledge of Allegiance. Reverend Dyke described the mission of the Refuge Church to Council. Agenda Item No. 4, Reports: A. Mayor’s Report: The Mayor announced upcoming meetings and events. B. City Manager’s Report: Assistant to the City Manager John Eaglen introduced the new Library Administrator, Kerry McGeath, to the Council. City Manager Billy Campbell discussed the Southlake Showdown Police Rodeo that took place on September 14 at Dragon Stadium and raised over $10,500 for Special Olympics. He gave a special thanks to the Mayor, to Councilmembers Evans and Morris, to CISD, and to CISD’s maintenance supervisor, Todd Thompson, for their assistance with the event. CONSENT AGENDA: 5A. Approve minutes for the August 26, 2003, Special City Council Meeting; for the August 26, 2003, City Council Budget Work Session; and for the September 2, 2003, Regular City Council Meeting. Approve as presented. 5B. Authorize the City Manager to purchase a digital recorder for the 9-1-1 Communication Center located at 667 North Carroll Avenue. The Department of Public Safety requested to purchase a new digital recorder. Police and Fire radio traffic and incoming telephone calls to the 9-1-1 center are recorded twenty-four hours a day, seven days a week, on the main channels. The current recorder is at the end of its life cycle and the manufacturer has discontinued the hardware and software support. The cost of the replacement recorder UNOFFICIAL CITY COUNCIL MEETING MINUTES, SEPTEMBER 16, 2003 OF 7 PAGE 2 is $29,998.51. This purchase will allow quick retrieval and access to telephone calls or radio traffic and will provide a legal record of the event. Funds currently exist in the DPS budget. st 5C. Ordinance No. 857, 1 Reading, Denying TXU Gas Company's request to change rates in this municipality, as a part of the company's Statewide Gas Utility System. On May 23, 2003, TXU Gas Distribution Company filed a Statement of Intent to change gas rates in all municipalities within the TXU Gas Distribution System. On June 3, 2003, the City Council approved Resolution No. 03-037 to formally suspend the effective date of proposed new rates for the maximum period allowed by law. The resolution also authorized the joining of a coalition of 123 cities. Based on several meetings of the coalition, the Steering Committee has recommended all cities deny the rate increase. 5D. Resolution No. 03-072, Approve an amendment to the Fee Schedule. Director of Finance Sharen Elam presented this item to Council during the work session. Staff presented the proposed building service fee amendments to Council during the budget work session held on August 26, 2003. The fee schedule includes the changes discussed at that time. Also included are the park and recreation fee changes recommended by the Park and Recreation Board. 10B. Approve Transportation Task Force report and recommendations. Director of Community Services Malcolm Jackson presented this item to Council during the work session. On July 15, 2003, the City Council approved the formation of a transportation task force to study the transportation programs available to and utilized by the senior citizens and those with physical handicaps that prohibit their ability to drive independently. Members of the task force included members of the Senior Advisory Commission, Call a Ride Southlake (CARS) program, and staff representatives from Community Services. Director Jackson chaired the task force, and Councilmembers Carolyn Morris and Keith Shankland served as advisory members. Their recommendation includes: a combination of the CARS program and transportation services provided by TxDOT in order to provide coverage of the full service needs for both the seniors and handicapped individuals; $10,000 annual support to CARS, subject to conditions set out in the scope of services agreement; and $1,600 estimated annual payment to TxDOT. Motion was made to approve Items 5A; 5B; 5C; 5D and 10B. Motion: Standerfer Second: Morris Mayor Wambsganss acknowledged that this is the first time in Southlake history that the Council will use electronic voting during a Council meeting and asked for them to record their votes at this time. Ayes: Evans, Morris, Potter, Shankland, Standerfer, Stephen, Wambsganss Nays: None Approved: 7-0 REGULAR AGENDA : Agenda Item 6. Public Forum. No one spoke during the public forum. UNOFFICIAL CITY COUNCIL MEETING MINUTES, SEPTEMBER 16, 2003 OF 7 PAGE 3 nd Agenda Item 7A. Ordinance No. 855, 2 Reading, Annual Budget for FY 2003-04 and approving the revised budget figures for FY 2002-03. City Manager Billy Campbell thanked Council for their attention and dedication to the budget process. Director of Finance Sharen Elam was available to answer Council’s questions. This ordinance formally sets the budget for FY 2003-04 and amends the budget for FY 2002-03. On September 2, 2003, the first reading of the proposed budget was approved as filed on August 15, 2003, with the exception to change the th personnel numbers to incorporate option B (market adjustments to the 50 percentile). The change would reduce expenditures (all funds) by approximately $100,000. 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, APPROVING REVISED BUDGET FIGURES FOR FISCAL YEAR 2002-03; APPROVING AND ADOPTING THE BUDGET FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2003, AND TERMINATING SEPTEMBER 30, 2004, AND MAKING APPROPRIATIONS FOR EACH DEPARTMENT, PROJECT AND ACCOUNT; REPEALING CONFLICTING ORDINANCES; PROVIDING A SAVINGS AND SEVERABILITY CLAUSE; AND DECLARING AN EFFECTIVE DATE. nd Motion was made to approve Ordinance No. 855, 2 Reading, annual budget for FY 2003-04 and to approve the revised budget figures for FY 2002-03 and to approve Option B. Motion: Standerfer Second: Stephen Ayes: Evans, Morris, Potter, Shankland, Standerfer, Stephen, Wambsganss Nays: None Approved: 7-0 nd Agenda Item 7B. Ordinance No. 856, 2 Reading, Tax Levy Ordinance. City Manager Billy Campbell presented this item to Council. This ordinance formally sets the tax rate at $0.462 per $100 of valuation for FY 2003-04. After Council’s final approval, the rate is given to Tarrant County to apply to the appraised values as of January 1, 2003, and to generate tax statements. 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, FIXING AND LEVYING MUNICIPAL AD VALOREM TAXES FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2003 AND ENDING SEPTEMBER 30, 2004, AND FOR EACH YEAR THEREAFTER UNTIL OTHERWISE PROVIDED, AT THE RATE OF $0.462 PER ONE HUNDRED DOLLARS ($100.00) ASSESSED VALUE ON ALL TAXABLE PROPERTY WITHIN THE CORPORATE LIMITS OF THE CITY OF SOUTHLAKE, TEXAS, AS OF JANUARY 1, 2003, TO PROVIDE REVENUES FOR THE PAYMENT OF CURRENT EXPENSES AND TO PROVIDE AN INTEREST AND SINKING FUND ON ALL OUTSTANDING DEBTS OF THE CITY; DIRECTING THE ASSESSMENT THEREOF; PROVIDING FOR DUE AND DELINQUENT DATES TOGETHER WITH PENALTIES AND UNOFFICIAL CITY COUNCIL MEETING MINUTES, SEPTEMBER 16, 2003 OF 7 PAGE 4 INTEREST THEREON; PROVIDING FOR PLACE OF PAYMENT; PROVIDING FOR APPROVAL OF THE TAX ROLLS PRESENTED TO THE CITY COUNCIL; PROVIDING FOR THE REPEAL OF INCONSISTENT ORDINANCES; PROVIDING FOR A SEVERABILITY CLAUSE; AND DECLARING AN EFFECTIVE DATE. nd Motion was made to approve Ordinance No. 856, 2 Reading, Tax Levy Ordinance at the rate of $0.462 per $100.00 assessed value. Motion: Stephen Second: Standerfer Ayes: Evans, Morris, Potter, Shankland, Standerfer, Stephen, Wambsganss Nays: None Approved: 7-0 nd Agenda Item 7C. Ordinance No. 480-424, (ZA03-034), 2 Reading, Zoning Change and Site Plan for White Chapel Plaza Office Park. Senior Planner Dennis Killough presented this item to the Council. The following changes have been made since the approval of the first reading: the impervious coverage has been reduced from 67.4 percent to 65.1 percent; and the proposed parking regulation to allow general office parking ratios for all permitted uses, including medical, has been removed. Parking ratios will comply with the zoning ordinance; four parking spaces were removed, which resulted in the reduction of impervious coverage and the removal of the need for the driveway stacking depth variance; and the accent trees, also known as under- story trees, have been doubled in the east bufferyard adjacent to North White Chapel Boulevard. Mayor Wambsganss opened the public hearing. Ed Murphy, 1313 North White Chapel Boulevard, Southlake, Texas, spoke in opposition to this request. He accepted the idea of the Alzheimer’s facility with 31% impervious coverage and two buildings, but does not like the idea of straight “O-1” zoning with a greater density. He expressed concerns about stacking and building setbacks. Mayor Wambsganss closed the public hearing. In accordance with Section 4.21 of the City Charter, the caption for this item is listed as follows: AN ORDINANCE AMENDING ORDINANCE NO. 480, AS AMENDED, THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF SOUTHLAKE, TEXAS; GRANTING A ZONING CHANGE ON A CERTAIN TRACT OR TRACTS OF LAND WITHIN THE CITY OF SOUTHLAKE, TEXAS BEING LEGALLY DESCRIBED AS LOT 13, T.M. HOOD NO. 706 ADDITION, BEING APPROXIMATELY 3.04 ACRES, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT “A” FROM “S-P-1” DETAILED SITE PLAN WITH “O-1” OFFICE DISTRICT USES INCLUDING A PERSONAL CARE FACILITY FOR ALZHEIMER'S PATIENTS TO “S-P-1” DETAILED SITE PLAN DISTRICT WITH “O-1” OFFICE DISTRICT USES, AS DEPICTED ON THE APPROVED SITE PLAN ATTACHED HERETO AND INCORPORATED HEREIN AS EXHIBIT “B”, SUBJECT TO THE SPECIFIC REQUIREMENTS CONTAINED IN THIS ORDINANCE; CORRECTING THE OFFICIAL ZONING MAP; PRESERVING ALL OTHER PORTIONS OF THE ZONING ORDINANCE; DETERMINING THAT THE PUBLIC INTEREST, MORALS AND GENERAL WELFARE DEMAND THE ZONING CHANGES AND AMENDMENTS HEREIN MADE; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF UNOFFICIAL CITY COUNCIL MEETING MINUTES, SEPTEMBER 16, 2003 OF 7 PAGE 5 ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY FOR VIOLATIONS HEREOF; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE. nd Motion was made to approve Ordinance No. 480-424, 2 Reading, subject to the Site Plan Review Summary No. 6, dated September 10, 2003, granting the variance to review comment No. 1 for driveway spacing; and requiring that if the property is subdivided, an owners association must be created and deed restrictions filed instituting a maintenance fee and assessment for any private access roads; fire lanes must be constructed to public street standards and inspected by the City with all applicable inspection fees collected; and the stone and brick for the wall must be of the same quality and type used on the buildings. Motion: Stephen Second: Standerfer Ayes: Evans, Morris, Potter, Shankland, Standerfer, Stephen, Wambsganss Nays: None Approved: 7-0 Agenda Item 10A. Approve a variance to Sign Ordinance No. 704-A for Big Bowl Asian Kitchen located at 2700 East Southlake Boulevard. Senior Planner Dennis Killough presented this item to the Council during the work session. The restaurant owner wants to place a second attached sign on the west side of the building, facing North Nolen Drive, to indicate the location of the pick-up entrance for carry-out orders. Doug Cobb, Brinker International, 6820 LBJ Freeway, Dallas, Texas, answered Council’s questions. He said the sign is designed to direct customers located in their parking lot to the correct door to pick up take-out food. th Applicant Melanie Hancock, 745 109 Street, Arlington, Texas, answered Council’s questions. Council expressed concern regarding the large size of the sign. Mr. Cobb said they have done extensive market research and feel they need this size of sign to accomplish their goal of directing people within their parking lot to the proper door. He said he will take his chances with Council’s decision and if this request is denied, will come back at a later date with a different sign design. Motion was made to approve the variance to Sign Ordinance No. 704-A for Big Bowl Asian Kitchen as requested. Motion: Standerfer Second: Stephen Ayes: Evans Nays: Morris, Potter, Shankland, Standerfer, Stephen, Wambsganss Vote: 1-6 (motion to approve failed) Agenda Item 11A. Discussion of amendments to the solicitors ordinance, mass gathering ordinance, and the zoning ordinance as it pertains to outside sales. Director of Planning Bruce Payne presented this item to Council and asked for their input on upcoming proposed changes to the city's solicitation, mass gathering, seasonal sales, and related changes to the zoning ordinance. This project, which has been underway for approximately one year, began with a UNOFFICIAL CITY COUNCIL MEETING MINUTES, SEPTEMBER 16, 2003 OF 7 PAGE 6 comprehensive review of the solicitation ordinance, but given the interrelated nature of the issues governed by these ordinances, expanded to a much larger scope. This effort is directly related to the solicitation moratorium Council passed last February which expired last June. In general, the following changes were addressed:learly distinguishing between solicitation activities and c temporary/permanent outdoor sales activities; improving control over solicitation within public rights-of-way and on public and private properties;governing special events via the mass gathering ordinance; and moving the regulation of seasonal sales activities into the zoning ordinance. Council discussed issues relating to solicitation, mass gatherings, zoning-related use issues, and charity drop boxes. City Manager Campbell asked Council to get their comments, concerns, and suggestions to Director Payne. He said there may be a Council work session scheduled at a later date to discuss these issues. Agenda Item 11B. Private access drives for office developments. Councilmember Tom Stephen presented this item to the Council. He raised the following questions of Council: when should a variance be considered and when should a variance be given for a private access road; and if a variance is given, what should the parameters consist of? He said this issue needs to be reviewed further in order to protect the City as well as property owners. Mayor Wambsganss said, until this issue is researched further, he would like for staff to take a hard stance when dealing with applicants proposing private access roads. City Attorney Taylor said this is a classic issue to ask the P&Z Commission to review and make a recommendation to Council. Council agreed that this issue needs to be addressed in the immediate future and asked staff to take the issue to P&Z for review. Agenda Item 12. Meeting adjourned. With there being no further business to discuss, Mayor Wambsganss adjourned the meeting at 9:54 p.m. _____________________________ Andy Wambsganss Mayor ATTEST: ___________________________ Lori A. Farwell City Secretary UNOFFICIAL CITY COUNCIL MEETING MINUTES, SEPTEMBER 16, 2003 OF 7 PAGE 7