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Item 4BCity of Southlake, Texas MEMORANDUM December 10, 2003 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 December 16, 2003 5A. Approve minutes for the December 2, 2003, regular City Council meeting and for the December 8, 2003, City Council work session The minutes have been included in your packet. Contact Lori Farwell with questions or changes. 7A. Ordinance No. 578 -A, 2" d Reading, Amending City Code, Chapter 20, Vehicles for Hire, relating to the regulation of wrecker services, regulating and establishing requirements for non - consent tows, and allowing the contracting with one or more wrecker companies for police p ulls. As stated on first reading, City Ordinance No. 578 regulating wrecker service within the city was first approved in 1994. Federal legislation and a recent Supreme Court decision, as well as changes in the wrecker industry, make revisions to the current ordinance necessary. Federal legislation now prohibits cities from regulating private tows within a city. The Supreme Court did state, however, that cities could regulate private tows if it was related to safety. The proposed ordinance conforms to the new legal requirements by eliminating the city wrecker licensing and inspection requirements, relying instead on State licensing. It also establishes requirements and maximum charges for non- consent tows by private parties within the City and continues to allow the City to contract with one or more wrecker companies for police pulls. Citizens who require tow services can call and contract their own services at whatever price they wish to pay. If you park on private property, however, and the property owner calls to have a car towed away, there are no regulations on what the tow company can charge unless regulated by ordinance. April Vernig with the city attorney's office attended numerous meetings with other cities where the recommended maximum tow fees were discussed. The proposed maximum fees and travel distances are consistent with surrounding cities. This protects our residents from unscrupulous private wrecker contractors. The ordinance also Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest City Council Meeting December 16, 200' 2 of 8 requires appropriate signage prior to the towing of a vehicle from private property. Contact Rick Black with comments or questions. 7B. Ordinance No. 859, 2 ' d Reading, Amending City Code, Chapter 17, Taxation, Article III, Property Taxes, relating to an ad valorem tax freeze for residential homestead property owners who are disabled or 65 years of age or older As a result of the recent constitutional amendment election (H.B. 136), cities are now allowed to establish an ad valorem tax freeze on homesteads of the disabled, the elderly and their spouses. Staff has received the requested information from TAD to assist with determining the property values that qualify for the tax freeze. Based on the January 2003 values, there is approximately $100,236,341 of appraised value owned by disabled or over -65 homeowners in Southlake. This value equates to approximately $463,092 property tax revenue that would be frozen if Council chooses to permit the tax freeze. The effective date would begin with the 2004 tax year (January 1, 2004 values). One item to note is the taxes on the residence may be increased to the extent the value of the homestead is increased by improvements other than repairs and or improvements made to comply with governmental requirements. Noted below are two financial assumptions to determine the potential future financial impact of the tax freeze: 1) Assuming a 3% incremental increase in existing property values over the next 5 years would equate to $216,917 of uncollected property tax revenue with the tax freeze. 2) Assuming a 5% incremental increase in existing property values over the next 5 years would equate to $371,359 of uncollected property tax revenue with the tax freeze. Contact Sharen Elam or myself with questions or comments. 7C. Ordinance No. 480 -427, 2 " Reading,(ZA03 -075) Zoning Change on property located at 500 South White Chapel Boulevard. The purpose of this request is to rezone the property to allow for new residential construction. There is an existing home on the property that is to be removed. There are no unresolved issues with this request. Contact Bruce Payne or Dennis Killough with questions. Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest City Council Meeting December 16, 200' 3 of 8 7D. ZA03 -079, Site Plan for Lot 1, Block 2, Cornerstone Business Park, located at 2815 Exchange Boulevard. This plan purposes a 16,000 square foot office /warehouse building. Approximately 90 feet of the west portion of this property is within 400 feet of single family residentially zoned property which involves the residential adjacency standards and requires Council approval of a site plan before issuing a building permit. Approximately 35 feet of the proposed building is within 400 feet of the single family residential property which requires that the entire building be articulated and comply with residential adjacency masonry requirements. The applicant is requesting a variance to articulation standards for all four sides of the building and to be allowed to exceed the maximum 80% synthetic stucco type masonry material on the south (rear) wall of the building. Although the facades are articulated, they exceed the maximum permitted wall lengths. This building is similar to the buildings the applicant has constructed on the east side of South Nolen Drive, just north of Exchange Boulevard. The applicant wants to continue the same style at this location. The Planning and Zoning Commission recommended approval (6 -0) subject to review, allowing the variances, and requiring extension of trim along the upper and lower portions of the west fagade. (Commissioner Williams left the room and did not vote on this item due to being an adjacent property owner.) Contact Bruce Payne or Dennis Killough with questions. 8A. Ordinance No. 480 -428, 1 st Reading(ZA03 -077) Zoning Change for Lot 1, Block 1, Father Joe Addition This request is to rezone the CS lot to SF-IA so that it can be combined with the two adjoining SF-IA lots to the north. The applicant is proposing to combine the three existing lots into one large lot and abandon the dedicated right -of -way for Johnson Court, all part of the Father Joe Addition. Johnson Court is an unimproved right -of -way that was intended to provide access to the two SF-IA lots in the subdivision. The CS -zoned lot was once owned by the Catholic Diocese for a future church site. They decided the site did not suit their needs and sold the property to Darrell Johnson, a family member of the original land owner. Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest City Council Meeting December 16, 200' 4 of 8 The Planning and Zoning Commission recommended approval (7 -0). Contact Bruce Payne or Dennis Killough with questions. 8B. ZA03 -078, Plat Revision for Lot 1, Block 1, Johnson Place Addition This is the plat associated with the previous agenda item and combines the existing lots of the Father Joe Addition into one large lot and abandons the dedicated right -of -way. As noted in the plat review summary, approval of this plat is subject to approval of an appropriate zoning on the entire boundary of the plat. There are no other unresolved issues with this request. The Planning and Zoning Commission recommended approval (7 -0) subject to review. Contact Bruce Payne or Dennis Killough with questions. 10A. Consider proceeding with condemnation procedures for the acquisition of land (floodway) in the Triple C Ranch subdivision (Phase -I) along the west side of Dove Creek for possible drainage improvements /maintenance and future trail. In response to Council's concerns and questions raised at the last Council meeting, staff has researched the specific issues relating to the need for ownership for the property along Dove Creek. Essentially, if Council wants to provide the opportunity for a trail segment (per the adopted master plan) to eventually be constructed along Dove Creek, then the city would need to take fee simple ownership of the floodway property in question. If Council's desire is only to ensure that the city is able to maintain the natural drainage way along Dove Creek or wants the city to be able to enter upon the property and construct improvements, then drainage and /or floodway easements should suffice. Staff may have to propose some modifications to the city's subdivision regulations, drainage and flood ordinances to ensure that the city would have the right to enter upon property and perform construction activities; however, this would be a fairly straightforward task and could be readily accomplished. Staff will give a supplemental presentation of these options on Tuesday night. Contact Ken Baker, Pedram Farahnak or Charlie Thomas with questions. IOB. Consider canceling or rescheduling the January 6, 2004, City Council meeting This item is on the agenda at the request of Mayor Pro Tem Evans and Councilmember Standerfer. Both Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest City Council Meeting December 16, 200' 5 of 8 indicated they may be out of town for this meeting and wanted to poll the other Councilmembers regarding their schedules. Included in your packet is a draft agenda of the January 6 meeting to assist you in consideration of this item. 11A. Southlake 2025 Plan Phase 1 — Vision, Goals, & Objectives. The Southlake 2025 Vision, Goals and Objectives will serve as a framework for the development of the Southlake 2025 Plan Elements (Land Use, Mobility, Community Facilities, etc.). The Planning and Zoning Commission received this document from the Southlake 2025 Committee in mid- October. Prior to the Planning Commission reviewing the document, two City -wide SPIN meetings were held on the Southlake 2025 Vision, Goals and Objectives (October 16th and 20th). The Planning Commission held four meetings on this item, including two public hearings. The Planning and Zoning Commission conducted a detailed, line by line review of the document. Following the review of each of the goals /objectives, the Planning and Zoning Commission allowed the public, including members from the Southlake 2025 Committee, the opportunity to comment. The Southlake 2025 Vision, Goals and Objectives will be on the agenda as a discussion item at Council's December 16, 2003 meeting. The staff will give Council a brief report of the Planning Commission's actions to date and the overview of the next phase of work in the coming months. The Mayor wants Council discussion of this issue to occur when the total membership of the Council is present. The staff is anticipating that the Vision, Goals and Objectives statement will be scheduled as a consideration item at Council's first meeting in January, 2004. Contact Bruce Payne or Ken Baker with questions. OTHER ITEMS OF INTEREST 1. Evaluation of Council - appointed officials (City Manager, City Secretary, and City Attorney). Because there will not be a full Council expected for the next two regularly scheduled meetings, the Mayor has requested that the evaluations be postponed to the January 20 meeting. Contact me or the Mayor with questions on this issue. Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest City Council Meeting December 16, 2003 Page 6 of 8 2. Metroport Cities Partnership Meeting The next Metroport meeting will be December 18, 7:30 a.m. at Town Hall on the third floor. The guest speaker will be Brian Stebbins. Brian will be making a presentation on Town Square development update. 3. Legal Issues Update. • R.E. Smith, Et Ux vs. City of Southlake -- R.E and Marilyn Smith have filed a lawsuit asserting that, as part of the Johnson Road construction project, the City of Southlake encroached onto their property and constructed improvements on it without their authorization or compensation. You will be briefed and provided legal advice on this lawsuit at your December 16 Council meeting. • Pinnacle Integrated Technologies -- The pending trial date for this case is the week of January 26, 2004. The attorneys should receive the docket from the Court in the next few weeks indicating whether this case will actually go to trial in January. Recall that the City of Southlake filed the original claim in this case when Pinnacle failed to meet its contractual obligations to the City. Pinnacle has filed a counterclaim for breach of contract, among other things. • Daniel R. Barrett is now of Counsel with TOASE -- Mr. Barrett will be assisting our city attorneys with litigation. You may see him from time to time as he will be specifically working on a couple of pending Southlake lawsuits. 3. Update on Board vacancies As of December 10, the City Secretary's Office has received one application for the Public Arts Advisory Committee and one application for the Library Board. You will recall the following positions are open: Public Art Advisory Committee (three positions), Library Board (two positions), and Joint Utilization Committee (one position). Applications may be found in the City Secretary's Office and on the City's website. Please ask interested parties to contact the City Secretary's Office at 817 - 481 -1519 or by emailing lfarwell o ci. southlake.tx.us Contact Lori Farwell with any questions. Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest City Council Meeting December 16, 2003 Page 7 of 8 4. New Bicentennial Entry Drive. Bicentennial Park underwent a facelift with the replacement of the White Chapel entry drive. No longer will park users have to dodge potholes. The contractors completed the project within a month and within the $55,000 budget. Staff appreciates all of the patience and understanding exhibited by the park users who had to use a temporary gravel roadway during the repairs, and encourage you to visit the park to see the new drive and the Liberty Garden. Contact Malcolm Jackson with questions regarding this item. 5. Community Services Physical Barriers Awareness Program. Staff is participating in a physical barriers awareness program. Staff members spend one full work day in a wheelchair and are to visit various park sites and city facilities. A sign is placed on the wheelchair to advise the public that the person is ambulatory and undergoing a training program. Participants learn to recognize simple obstacles such as raised edges on sidewalks or other challenges faced by those individuals who use wheelchairs on a daily basis. Several simple repairs have already been undertaken and others are planned to make the parks more user friendly for disabled patrons. Contact Malcolm Jackson with questions regarding this item. 6. Chesapeake Park Tree Plantings. Community Services staff, Chesapeake Homeowners Association, and TXU Energy combined efforts and planted fifty (50) trees in Chesapeake Park on Saturday, December 6, 2003. The event celebrated the kickoff of the joint city and TXU trees and books program. TXU Energy users in Southlake who stay with TXU throughout 2004 have the option of having TXU purchase and donate a book to the library or a tree to the parks in the name of the resident. There has already been an overwhelming response to the program. Staff appreciates the opportunity to enter into such joint ventures and thanks both TXU Energy and the residents who participated in a program designed to improve the quality of life in our community. Contact Malcolm Jackson with questions regarding this item. no Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest City Council Meeting December 16, 2003 Page 8 of 8 Staff Extension Numbers: Baker, Ken, Senior Planner, 481 -2046 Black, Rick, DPS Director, 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 Payne, Bruce, Planning Director, 481 -2036 Yelverton, Shana, Assistant City Manager, 481 -1429