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2003-10-07 RE CO RT OFFICI CITY COUNCIL MEETING MINUTES October 7, 2003 CITY COUNCIL PRESENT: Mayor Andy Wambsganss; Mayor Pro Tem W. Ralph Evans; Deputy Mayor Pro Tem Rex Potter; Councilmembers: Carolyn Morris, Keith Shankland, Greg Standerfer 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, Executive Secretary Kim Bush, Intern Ben Thatcher, Manager of Technical Services Gary Gregg, Audio Visual Technician Pam Jordan, Director of Community Services Malcolm Jackson, 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, Director of Public Safety Rick Black, Public Works Director Pedram Farahnak, Deputy Director of Public Works Charlie Thomas, City Attorney E. Allen Taylor, and Deputy City Secretary Tara Brooks. WORK SESSION: The work session was called to order by Mayor Wambsganss at 5:35 p.m. City Council reviewed the agenda items with city staff and applicants. Council added agenda items 9A, 9B, 10A, and 10C to the consent agenda and announced that there would be no action taken on agenda item 5C. Dr. Charles O'Hearn from Southlake Emergency Care told the Council about his business. The work session ended at 5:51 p.m. The Mayor called for a break until 6:00 p.m. REGULAR SESSION: Agenda Item No. 1, Call to order: The regular session was called to order by Mayor Wambsganss at 6:02 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 6:02 p.m. Executive Session began at 6:14 p.m. and ended at 7:15 p.m. Agenda Item No. 2B, Reconvene: Mayor Wambsganss reconvened the regular meeting at 7:22 p.m. The Mayor asked if there was any action necessary as a result of the executive session. CITY COUNCIL MEETING MINUTES, OCTOBER 7, 2003 PAGE 1 OF 8 A motion was made to direct staff to initiate procedures for a tax sale for delinquent taxes on property within Pin Oaks subdivision because the City believes in, and is supportive of the redevelopment of that property. Motion: Standerfer Second: Potter Ayes: Evans, Morris, Potter, Shankland, Standerfer, Stephen, Wambsganss Nays: None Approved: 7 -0 Agenda Item No. 3, Invocation: The invocation was given by David Whitington from Christ Our King Church. Mayor Wambsganss led the audience in the Pledge of Allegiance. Agenda Item No. 4, Reports: A. Mayor's Report: The Mayor announced upcoming meetings and events, and then invited Director of Community Services Malcolm Jackson forward. Director Jackson presented a plaque of recognition to Rick Stacy for his work on Southlake Parks Development Committee and to Greg Standerfer for his work on the Joint Use Committee. He also recognized Bobby Rawls and Tim O'Conner for their work on the Park and Recreation Board, although they were not present to accept their plaques. Councilmember Potter invited everyone to the Joint Drug and Alcohol Meeting on October 15, 2003. B. City Manager's Report: There was no City Manager's Report. C. Park and Recreation Board Report: Cara White advised the Council of upcoming events. D. Library Board Report: A written report was given to the Council. E. Southlake 2025 Committee: A written report was given to the Council. F. SPIN Report: A written report was given to the Council. G. Local Business Report: Director of Economic Development introduced Jack Shaw of Jack Shaw's Restaurant, who introduced his business to the Council. CONSENT AGENDA: 5A. Approve minutes for the September 16, 2003, City Council meeting. Approved as presented. 5B. Authorize the City Manager to execute a right of way encroachment agreement for subdivision entrance sign at Clariden Ranch I and III. City Council approved a variance to the sign ordinance for a subdivision entrance sign for Clariden Ranch. An entrance sign with stone columns and a ranch style overhead sign was constructed on King Ranch Road at North White Chapel Boulevard, identifying Clariden Ranch. Clariden Ranch III has another street access to North White Chapel Boulevard called Clariden Ranch Road. The developer wants to construct a subdivision entrance sign in the right -of -way of Clariden Ranch Road at North White Chapel Boulevard similar to the one constructed at King Ranch Road. The construction of this sign in the right -of -way will require an encroachment agreement approved by the City Council. The developer has provided the City with a certificate of insurance as required in the agreement. 5C. Authorize the Mayor to execute a contract for sale regarding the sale of approximately 2.232 acres of city- ownedproperty at the northeast corner of FM 1709 and Pearson Lane. The Mayor announced that no action on this item. CITY COUNCIL MEETING MINUTES, OCTOBER 7, 2003 PAGE 2 OF 8 5D. Approve an interlocal agreement for funding Teen Court Program between the cities of Southlake, Colleyville, and Grapevine. Since October 1, 1996, Southlake has participated in sponsoring Teen Court in conjunction with the City of Grapevine and the City of Colleyville. The proposed FY2003 -04 participation cost for the City of Southlake will be $18,500 which has been included in the recently adopted budget. 9A. Resolution No. 03 -068, authorizing the City Attorney to acquire land located at 1356 Woodbrook Lane (Block 4, Lot 20 of the Cross Timber Hills Addition), Southlake, Texas by the right of eminent domain for the purpose of construction of the Cross Timber Hills Sanitary Sewer Improvements. As a part of this sewer extension project, acquisition of the above mentioned property, 0.028 acres, was necessary for installation of a sewer main. An offer was made and the property owners at the time, Mr. and Mrs. Castillo, accepted to sell the required easement in exchange for waiver of a $1,300 participation fee. In August of 1999, the property owners had the easement document notarized and then forwarded it to Tarrant County deed records. In January 2002, staff learned that the Castillos had forgotten to sign the document but by this time, the property had sold to Mr. and Mrs. Perry. Staff, in conjunction with the city attorney, made several attempts to have the Perrys execute the easement documents. The Perrys have been connected to the City sewer system since April 2002, but have not paid the $1,300 participation or the sewer tap fee of $1,225. Staff and the City attorney have been in direct contact with the Perrys since the spring of 2002 for the acquisition of this easement. On August 28, 2003, a new appraisal placed the value of the sewer easement at $900. The City attorney forwarded the final offer to the Perrys on September 15, 2003, but as of this date, the Perrys have not returned an executed document to the City. Since all attempts to secure an executed document have failed, staff is recommending that Council authorize the acquisition by right of eminent domain. 9B. Resolution No. 03 -073, authorize the City Manager to enter into a Texas Municipal Lease - Purchase Agreement between Government Capital Corporation and the City of Southlake for the procurement of an excavator for the Public Works department. For the past several budget years, the excavator (gradall) was an unfunded need. For FY2003 -04, City Council approved, through its budget adoption, the expenditure of $78,000 for the lease- purchase of an excavator. The financing structure of the lease is a tax exempt lease purchase with an interest rate of 4.498 %. The agreement requires a commitment of the City over the next three years with annual payments of $76,350. 10A. Approve the renaming of the Southlake Softball Complex (formerly known as Texas School of Baseball). The Southlake Softball Complex was originally named the Texas School of Baseball and privately operated as a baseball park and training facility. When purchased by the City, the site was projected to become the future home of the local softball program. As such, the former name was no longer appropriate and it was renamed the "Southlake Softball Complex." With the softball program now scheduled to be located at Bob Jones Park, the name of the facility once again needs to be changed. Following direction provided by the Park Board at their May 12, 2003 meeting, staff sought public input for the naming of the facility. The top five (5) eligible names were submitted to the Parks Board for consideration with the "Southlake Sports Complex" being chosen (9 -0) as a recommendation to City Council. CITY COUNCIL MEETING MINUTES, OCTOBER 7, 2003 PAGE 3 OF 8 10B. Authorize the Mayor to execute an interlocal agreement between the City of Southlake and the City of Colleyville for GIS services. This is an annual interlocal agreement between Southlake and Colleyville for shared GIS services. The agreement authorizes a Southlake GIS analyst (Sunny Lindsey) to work for the City of Colleyville two days per week for FY 2003 -04. This is consistent with previous GIS agreements over the last several years. In return for the GIS man- hours, Colleyville will reimburse Southlake $22,000 plus the cost of supplies. 10C. Approve SP03 -028, Variance to Sign Ordinance No. 704 -A, for Southlake Emergency Care Center located at 711 East Southlake Boulevard, Suite 300. The proposed 24 -inch logo is larger than the maximum 12- inches of height permitted. The logo is proposed to be centered between two lines of copy and approximately match the height of the two lines. The total sign area including the logo and each line of copy are in compliance. Motion was made to approve Items 5A; 5B; 5D; 9A; 9B; 10A; 10B and 10C. Motion: Standerfer Second: Shankland 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. Agenda Item 7A. ZA03 -067, Revised Site Plan for Bicentennial Park. Senior Planner Dennis Killough presented this item to Council. The Park Board, SPDC and City Council approved the conceptual plans for the Liberty Garden site near the North White Chapel Boulevard entrance to Bicentennial Park. Staff has since received a finalized set of construction plans and a revised schematic depicting a true representation of the work. Since the improvements were not part of the originally approved concept and site plan for the park, the CS (community service) zoning district and residential adjacency standards require that a revised site plan be approved before a building permit can be issued for construction. Both the Park Board and the Planning and Zoning Commission have recommended approval of the plan. No one spoke during the public hearing. Motion was made to approve ZA03 -067 Revised Site Plan for Bicentennial Park. Motion: Standerfer Second: Stephen Ayes: Evans, Morris, Potter, Shankland, Standerfer, Stephen, Wambsganss Nays: None Approved: 7 -0 Agenda Item 7B. Ordinance No. 857, 2 Reading, Denying TXU Gas Company's request to change rates in this municipality, as a part of the company's Statewide Gas Utility System. Director of Finance Sharen Elam presented this item to the Council. 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 CITY COUNCIL MEETING MINUTES, OCTOBER 7, 2003 PAGE 4 OF 8 Resolution No. 03 -037 to formally suspend the effective date of the 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 that all cities deny the rate increase. 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 OF SOUTHLAKE, TEXAS, DENYING TXU GAS COMPANY'S REQUEST TO CHANGE RATES IN THIS MUNICIPALITY, AS A PART OF THE COMPANY'S STATEWIDE GAS UTILITY SYSTEM; PROVIDING A REQUIREMENT FOR A PROMPT REIMBURSEMENT OF COSTS INCURRED BY THE CITY; FINDING THAT THE MEETING AT WHICH THIS ORDINANCE IS PASSED IS OPEN TO THE PUBLIC AS REQUIRED BY LAW; AND PROVIDING FOR NOTICE OF THIS ORDINANCE TO TXU GAS COMPANY. Motion was made to approve Ordinance No. 857, 2 Reading. Motion: Standerfer Second: Stephen Ayes: Evans, Morris, Potter, Shankland, Standerfer, Stephen, Wambsganss Nays: None Approved: 7 -0 Agenda Item 8A. Ordinance No. 858, 1 Reading, providing regulations on the use, location and display of primary flags in residential areas. Assistant City Manager Shana Yelverton presented this item to the Council. The purpose of this ordinance is to make it illegal to prevent the display of the American or Texas flags on residential property, provided that the flag does not exceed the limitation of 30 square feet, is displayed no higher than 25 feet above grade (about 2 1/2 stories), and is set back 10 feet from the property line or any easement. Only one flag of each type may be displayed. Councilmember Shankland stated that he was shocked when he found out that one of the subdivisions in Southlake prohibited the flying of the American flag. He wants everyone in the City to be able to fly the flag. Councilmember Standerfer suggested increasing the square footage to 35 feet to allow a 7'x5' flag. Motion was made to approve Ordinance No. 858, 1 reading, increasing the square footage allowed to 35 feet. Motion: Shankland Second: Evans Ayes: Evans, Morris, Potter, Shankland, Standerfer, Stephen, Wambsganss Nays: None Approved: 7 -0 Agenda Item 10D. Town Hall Use Policy. The Mayor presented this item to the Council. He stated that the School Board has requested to use the Council Chambers. CITY COUNCIL MEETING MINUTES, OCTOBER 7, 2003 PAGE5OF8 Councilmember Potter said this issue was discussed at the last Joint Utilization Committee meeting. Legal council has advised the City would be opening the use of the facility to other municipalities and would also create issues with Tarrant County. Many of the City's own committees do not use it; he believes it should be left as it is. Councilmember Standerfer said that he invited this request and maybe the rules can be changed to allow the School Board to use the facility if they believe there is going to be a large crowd at a meeting, by limiting it to the members of the TIF. Mayor Wambsganss said that the current policy does allow them to use other parts of the facility such as the third floor conference room. Becky Miltenburger, Vice - President Carroll School Board, wanted to know what concerns the city has so they can be addressed. She said the current budget constraints of the district are making them look at ways to save money and some of those ideas include closing buildings. The board is discussing other options including the use of auditoriums at the various schools, and they advised the council of issues that they are facing. Robin Snyder, President Carroll School Board, advised that the School Board has discussed options, but no final decision has been made. Councilmember Potter suggested having a joint meeting between the council and the school board, and suggested creating a focus group to discuss common issues. Mayor Wambsganss said he values the relationships with the school districts, but said we still need to create parameters. Council decided not to take any action on this item at this time. Agenda Item 10E. Define the scope of the Southlake 2025 Plan Steering Committee. Councilmember Standerfer explained the reason he wanted this on the agenda tonight was because of the miscommunication that he believes occurred at the last meeting. He had absolutely no understanding that what Council was doing was to abolish or terminate 2025's work; he thought the idea was to speed up the process. Council discussed the scope of the 2025 Committee. Cary Rosenburg, 504 Round Hollow Lane, Southlake, said he his hearing a lot of indecisiveness and questioned if multi - family housing is proposed. Les Meisl, 406 Marshall Road, Southlake, said the city is confused because the Council is confused. Harry Tharp, 1015 Carroll Meadows, Southlake, said he has been involved by attending SPIN and 2025 meetings. There is no place for the public to comment during the 2025 meetings and there has not been much public involvement so far. CITY COUNCIL MEETING MINUTES, OCTOBER 7, 2003 PAGE 6 OF 8 Doug Harsy, 2804 Tyler Street, Southlake, is glad he received the flier because it made him get involved, and he will stay involved. Naomi Cornelius, 702 Manchester Court, Southlake, has attended many of the 2025 meetings and is not sure the vision statement is a comprehensive view of Southlake. Terri Castro, 607 Stonebury Drive, Southlake, urged council to allow P &Z to make the decisions about the master plan. Maria Chase, 600 Cherry Lane, Southlake, said she was disappointed with the 2025 committee because there is no diversity and the people on the committee have special interests. Pamela Muller, 214 Westwood Drive, Southlake, noted that everyone is concerned about the city and has the same goals but believes most of the presentations to the 2025 committee have been for higher density. Kenneth Horn wanted to make sure that P &Z would be implementing the vision statement and is afraid of too much tinkering of the master plan, eventually there will be no resemblance to the plan of today. Johnny Spuriel, 905 Quail Court, Southlake, asked council to remember that high density is not what the city wants. Ron Kulpinski, Co- Chairman of 2025 Committee, said he is upset about the conflicting information and believes 2025 is on schedule and that the committee is not asking for multi- family. Al Morin, Co- Chairman of 2025 Committee, believes the committee has worked well together and the vision statement should not scare anyone. The following people filled out comment cards expressing their opposition to the continuation of the 2025 Committee, but did not wish to speak: Roseanne Swacker, 605 Stonebury Drive, Southlake Will Castro, 607 Stonebury Drive, Southlake Penny Pannell, 429 Kensington Court, Southlake Mariann Nichols, 4461 Homestead Drive, Roanoke A motion was made to allow the 2025 Committee to continue forward as scheduled and make the presentation to Planning and Zoning with Phase I, and thereafter, Planning and Zoning take over the rest of the phases. Motion: Shankland Second: Potter Councilmember Shankland stated that he hopes the 2025 Committee will continue to participate and will help Planning and Zoning and be there whenever called upon to provide any kind of information they can to help the process. Ayes: Morris, Potter, Shankland, Wambsganss Nays: Evans, Standerfer, Stephen CITY COUNCIL MEETING MINUTES, OCTOBER 7, 2003 PAGE 7 OF 8 Approved: 4 -3 Agenda Item 12. Meeting adjourned. With there being no further business to discuss, Mayor Wambsganss adjourned the meeting at 9:51 p.m. ,.,•,�����«.,,, Andy Wambsganss ` , �v� H�F � Mayor ATTEST: ; k ••�: • . .0 s. • s. Tara Brooks * * • Deputy City Secretary CITY COUNCIL MEETING MINUTES, OCTOBER 7, 2003 PAGE 8 OF 8 Joint Use Facility Use Facility Days CSHS Computer lab 28 CHS Track 1 CMS New Gym 287 Old Gym 136 Stadium 1 Durham Int. Gym 263 Elem Gym 205 Cafeteria 138 CIS Gym 141 Exercise /Activity 158 Eubanks Gym 73 Rockenbaugh Gym 194