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2002-10-15 City of Southlake CITY COUNCIL MEETING October 15, 2002 MINUTES CITY COUNCIL PRESENT: Mayor Rick Stacy, Mayor Pro Tem W. Ralph Evans, Deputy Mayor Pro Tem Greg Standerfer; Councilmembers: Carolyn Morris, Rex Potter (left at 8:20), and Tom Stephen. CITY COUNCIL ABSENT: Keith Shankland. STAFF PRESENT: Assistant City Manager Shana Yelverton, Secretary to the City Manager Kim Bush, Finance Director Sharen Elam, Planning Director Bruce Payne, Senior Planner Dennis Killough, Senior Planner Jayashree Narayana, Public Works Director Pedram Farahnak, Deputy Director of Public Works Charlie Thomas, Economic Development Director Greg Last, Director of Public Safety Rick Black, Police Chief Marlin Price, Community Services Director and Acting Director of Human Resources Kevin Hugman, Senior Parks Planner Chris Carpenter, Chief of Building Services Malcolm Jackson, Professional Standards Coordinator Robert Finn, Municipal Court Administrator Sean Leonard, City Attorney E. Allen Taylor, and City Secretary Lori Farwell. WORK SESSION: The work session was called to order by Mayor Rick Stacy at 5:47 p.m. REGULAR SESSION: Agenda Item No. 1, Call to order. The regular session was called to order by Mayor Stacy at 5:52 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 551.074, deliberation regarding personnel matters; Section 551.087, deliberation regarding economic development negotiations. City Council adjourned for Executive Session at 5:52 p.m. Executive Session began at 6:08 p.m. and ended at 6:52 p.m. Agenda Item No. 2B, Reconvene: City Council reconvened the regular meeting at 7:04 p.m. Agenda Item No. 3A. Invocation was presented by Mayor Pro Tem W. Ralph Evans. 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 the troop expressing appreciation for their efforts in collecting food for Grapevine Relief and Community Exchange (GRACE). Agenda Item No. 4, Reports: A. Mayor's Report — Mayor Stacy announced upcoming meetings and events. CITY COUNCIL MEETING MINUTES, OCTOBER 15, 2002, PAGE 1 OF 7 B. City Manager's Report — Assistant City Manager Shana Yelverton introduced Chamber of Commerce Executive Director Giovanna Phillips who gave a report on the Oktoberfest event. C. SPIN Report — Martin Schelling reported on the SPIN #2 area. D. Parks and Recreation Board Report — Board member Dorothy Wood reported on the Board's meetings and upcoming events. E. Committee Reports — Chairperson of the Joint Drug and Alcohol Awareness Committee Brad Bartholomew reported on the Committee's 30- second message that they asked to be used at the beginning of all meetings held in the year 2003. F. Local Business Report — Ron Alvord of Office Max gave a brief presentation regarding his store. Consent Agenda: 5A. Approval of the minutes of the City Council Work Session held on September 26, 2002, and the City Council regular meeting held on October 1, 2002. Approved as presented. 5B. Authorizing the Mayor to enter into an Exhibition Agreement with SculptureWorks, Inc., of Fort Worth for a rotating public art display in the Southlake Public Library. This agreement is with SculptureWorks, Inc., who assumes the responsibility for set up, liability, and rotation of art works in the Southlake Public Library. The Library Board recommended approval of this agreement at its June 26, 2002, meeting, and the Public Art Advisory Committee (PAAC) recommended approval of the agreement at its May 28 and September 30 meetings. The PAAC also recommended that future art works be subject to the review and approval of staff. 5C. Accepting resignation of Andrew Wambsganss as City of Southlake Alternate Municipal Judge. Andrew Wambsganss has submitted his resignation as alternate judge effective immediately. As required in the agreement approved by City Council on August 7, 2001, City Council must take action to accept the resignation. 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 SH 114. Current Zoning: NR -PUD Non - Residential Planned Unit Development District. SPIN Neighborhood #8. Tabled to the November 19, 2002, City Council meeting. 5E. Ordinance No. 480 -224a, 1 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 (F.M. 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 November 5, 2002, City Council meeting. 8A. Ordinance No. 480 -405, 1 Reading (ZA02 -079) Zoning Change for 1709 North Carroll Avenue being approximately 1.17 acres. Current Zoning: AG Agricultural District. Requested Zoning: SF -1A Single Family Residential District. SPIN Neighborhood #5. The Planning and Zoning Commission recommended approval on October 3, 2002. CITY COUNCIL MEETING MINUTES, OCTOBER 15, 2002, PAGE 2 OF 7 • 10A. Approval of Agreement for Community Services with the Southlake Community Band. The Southlake Community Band requested funding of $5,000 for FY 2002 -2003 for services rendered to the community. 10B. Approval of Agreement for Community Services with Metroport Meals on Wheels. MMOW requested funding of $10,000 for the Tuesday congregate meal program and the home delivered meal program. 10C. Approval of Agreement for Community Services with Grapevine Relief and Community Exchange. GRACE requested funding of $11,135 for FY 2002 -2003 for services rendered to the community. The amount is based on an estimated January 2001 population of 22,270. Due to overall budget constraints facing the City during FY 2002 -03, the funding amount allocated for GRACE has been reduced to $5,000. 10D. Approval of Agreement for Community Services with the Women's Shelter. The Women's Shelter requested funding of $1,000 for FY 2002 -2003 for services rendered to the community. During the September 17, 2002, City Council budget consideration, the Council directed staff to reinstate funding for The Women's Shelter. Motion was made to approve consent agenda items 5A, 5B, 5C, 5D (to table), 5E (to table), 8A, 10A, 10B, 10C, and 10D. Motion: Standerfer Second: Potter Ayes: Stephen, Evans, Morris, Standerfer, Potter, Stacy Nays: none Approved: 6 -0 REGULAR AGENDA Agenda Item 6. Public Forum. There were no comments from the audience during Public Forum. Agenda Item 7A. Ordinance No. 483 -I, 2 Reading, Amending Subdivision Ordinance No. 483, Article VII, to include proposed changes to the Park Dedication procedural requirements. Community Services Director Kevin Hugman presented this item to Council. Councilmember Potter suggested that instead of lessoning the amount of required acreage, the per -acre fee for non - residential development should be increased to $1,200. Councilmember Morris said she would like to see the required land dedication ratio stay at the current ratio of 1 acre per 50 gross acres. There were no comments from the audience during the Public Hearing. Mayor Stacy said he has always felt that commercial developments should not be penalized by having to donate park land, but he will try to support it if that is what needs to be done. In accordance with Section 4.21 of the City Charter, the caption for this item is listed as follows: CITY COUNCIL MEETING MINUTES, OCTOBER 15, 2002, PAGE 3 OF 7 AN ORDINANCE OF THE CITY OF SOUTHLAKE AMENDING ORDINANCE NO. 483, THE SUBDIVISION ORDINANCE; REVISING ARTICLE VII, PARK AND RECREATION DEDICATION REQUIREMENTS; PROVIDING A PENALTY; PROVIDING THAT THIS ORDINANCE IS CUMULATIVE OF ALL OTHER ORDINANCES; PROVIDING FOR SEVERABILITY; PROVIDING FOR PUBLICATION; AND PROVIDING AN EFFECTIVE DATE. Motion was made to approve Ordinance No. 483 -I, 2 Reading, leaving the calculation for non- residential development at 1 acre per 50 gross acres and raising the rate to $1,200 per acre and stating that the Council can address any waivers or partial waivers at the time of submission. Motion: Standerfer Second: Potter Ayes: Evans, Morris, Standerfer, Potter, Stephen, Stacy Nays: none Approved: 6 -0 Agenda Item 7B. Ordinance No. 480 -QQ, 2 Reading, An amendment to the Comprehensive Zoning Ordinance No. 480, as amended, as it pertains to manufactured housing. Planning Director Bruce Payne presented this item to Council. Several questions pertaining to the City's current standards were raised during discussions regarding the proposed amendment 480 -NN to the MH District. City Council requested the P &Z Commission to review current standards and propose a comprehensive update to the MH district. He said the P &Z Commission, during their June 20, July 18, and August 8, 2002, meetings identified several issues and areas of concern regarding revisions to the existing MH district standards. During their regular meeting on August 22, 2002, the P &Z Commission recommended approval of the proposed changes. The City Council approved first reading on October 1, 2002, as proposed by the P &Z Commission, stipulating that before the second reading, language be added stating that no further subdivision of existing lots would be permitted and that setback language be added to protect the MH homes from non - residential adjacency requirements. Public Hearing for Agenda Items #7B and #7C: Richard Sandow, 1750 Sleepy Hollow Trail, Southlake, Texas. Asked for clarification regarding MH -zoned lots that have never had a manufactured home on them. Director Payne said the allowable uses in the district would be applicable. Someone could put a manufactured or modular home on the lot because those are the listed, permitted housing types that are allowed under this proposal. Tom Matthews (Four Peaks Development) listed several recommended changes to the ordinance regarding heating/air conditioning requirement listed under the definition section, lot coverage percentages, and rear yard setbacks. He said having more flexibility in the rear yard would allow for more creative house designs. Michele Wickline, 1647 Oak Lane North, Southlake, Texas. Stated her concern regarding the possibility of losing her home to fire and being prohibited from replacing it. City Attorney E. Allen Taylor clarified that it is not the terms of the proposed ordinance that Ms. Wickline is referring to, it is the law today. The way to work around that is to create a special exception power with the Board of Adjustment authorizing them to allow as a special exception CITY COUNCIL MEETING MINUTES, OCTOBER 15, 2002, PAGE 4 OF 7 the reconstruction of any accessory buildings that were non - conforming uses on the effective date of this amendment upon proper showing of a hardship if the accessory building was destroyed by fire, storm, etc. Wayne Lee, 1601 Regal Oaks Drive, Southlake, Texas. Asked Council to explain to him the history of the proposed ordinance amendments. Asked for site built homes to be allowed in the MH districts. Milt Barath, 1667 Oaklane North, Southlake, Texas. Owns property in an MH district and asked if his property would still be grandfathered if he decides to sell it in five years. City Attorney Taylor said a non - conforming use status goes with the structure and not with the owner. Derek Holmes, 1604 Regal Oaks Drive, Southlake, Texas. In favor of site built homes in the MH district. Todd Tew, 1603 Regal Oaks Drive, Southlake, Texas. In favor of site built homes in the MH district. Richard Sandow, 1750 Sleepy Hollow Trail, Southlake, Texas. In favor of quality site built houses in the MH district. Andrew Vichayanonda, 1740 Oaklane South, Southlake, Texas. In favor of site built homes in the MH district. Public Hearing closed. 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; REVISING CERTAIN SECTIONS REGARDING MANUFACTURED HOUSING; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY FOR VIOLATIONS HEREOF; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION IN PAMPHLET FORM; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE. Councilmember Potter had to leave at 8:20 p.m. to catch a flight. Motion was made to approve Ordinance No. 480 -QQ, 2 Reading, as presented with the following changes: • Residential adjacency protections shall apply only when the property is zoned MH and has a low or medium density residential land use designation according to the Land Use Plan; • Rear yard to be not less than 25' except that 50% of the building envelope width may be as close as 15' from the rear property line; CITY COUNCIL MEETING MINUTES, OCTOBER 15, 2002, PAGE 5 OF 7 • Maximum lot coverage for lots 10,000 square feet or less shall be 45% and for lots greater than 10,000 square feet shall be 30 %, except the sum total of accessory buildings shall not exceed 600 square feet; and, • Add site built homes as a permitted building type. Motion: Stephen Second: Evans Deputy Mayor Pro Tem Standerfer said he is voting against this because he feels the Council needs to maintain affordable housing in Southlake and approving this runs the risk of losing it. Ayes: Stephen, Evans, Stacy Nays: Morris, Standerfer Motion failed: 3 -2 Councilmember Morris said she voted no because she feels the Council needs to preserve the affordable housing for which this district was intended. Councilmember Stephen discussed possible size limitations on site built homes. Council continued discussion of site built homes, housing prices, and lot coverage. Motion was made to reconsider the prior motion for Ordinance No. 480 -QQ, 2 Reading. Motion: Stephen Second: Evans Ayes: Standerfer, Stephen, Evans, Morris, Stacy Nays: None Approved: 5 -0 Agenda Item 7C. Ordinance No. 483 -J, 2 Reading, An amendment to the Subdivision Ordinance No. 483, as amended, as it pertains to manufactured housing. Motion was made to approve Ordinance No. 483 -J, 2 Reading. Motion: Stephen Second: Evans Ayes: Stephen, Evans, Morris, Standerfer, Stacy Nays: none Approved: 5 -0 Agenda Item 7D. Ordinance No. 480 -NN, 2 Reading Amendment to the Comprehensive Zoning Ordinance No. 480, as amended, Sections 29 "MH — Manufactured Housing" District, Section 34 "Accessory Uses," and Section 44 "Board of Adjustments." Mayor Stacy said Ordinance No. 480 -NN should be denied based on Council's action on the two previous items. There were no comments from the audience during the Public Hearing. Motion was made to deny Ordinance No. 480 -NN, 2 Reading. Motion: Stephen Second: Evans CITY COUNCIL MEETING MINUTES, OCTOBER 15, 2002, PAGE 6 OF 7 Ayes: Evans, Morris, Standerfer, Stephen, Stacy Nays: none Approved: 5 -0 (to deny) Agenda Item 12. Meeting Adjourned. There being no further business to discuss, the meeting was adjourned at 9:03 p.m. Witi May. r Rick Stac ATTEST: ••, „..T,,,,,,,,,,��,, >.: 4, 1 S., • is Lori A. Farwell, City Secretary S v It, ” c n n„, N CITY COUNCIL MEETING MINUTES, OCTOBER 15, 2002, PAGE 7 OF 7 b_ 1 02 Lori Farwell From: Place 1 Sent: Friday, October 04, 2002 10:04 AM To: Lori Farwell Subject: October 15th & November 5th Council Meeting Importance: High Lori, I will be having some extensive travel in the coming months. Its looking like I will not be able to attend the October 15th and November 5th Council meetings. After that, I should hopefully be back on track to attend the other meetings. Please let the Council other pertinent personnel know of this situation. Regards, Rex Lori Farwell From: Greg Standerfer [ lent: Wednesday, October 09, 2002 5:20 PM To: Lori Farwell Cc: Council Place 2 - Ext; ' ; Council Place 5 - Ext; ' Subject: Re: Rex Potter will miss the October 15 & November 5 Council meetings Follow Up Flag: Follow up Flag Status: Flagged I understand that Lori has indicated to Rex that she would like to place an item on the agenda formally excusing Rex's absence for Charter purposes. Formal Council approval is not required. At most, "consent" is the key. I consent to Rex missing the next two meetings. I hope everyone would likewise express their individual consent. Please "reply to all" with your consent so we will not have to place this as a formal item on the agenda. I can't imagine that missing two meetings in 4 years because of a tight business schedule was never the intended result of the Charter item, and would do the same for everyone else. Hope all is going well for everyone, Greg. Lori Farwell wrote: >FYI - 'Lori Farwell, City Secretary >1400 Main Street, Suite 270 >Southlake, Texas 76092 >(817) 481 -1519 > Original Message >From: Place 1 >Sent: Friday, October 04, 2002 10:04 AM >To: Lori Farwell >Subject: October 15th & November 5th Council Meeting >Importance: High >Lori, >I will be having some extensive travel in the coming months. It's >looking like I will not be able to attend the October 15th and November >5th Council meetings. After that, I should hopefully be back on track >to attend the other meetings. Please let the Council other pertinent >personnel know of this situation. Regards, >Rex Page 1 of 2 Lori Farwell From: Carolyn Morris [ Sent: Saturday, October 12, 2002 4:06 PM To: Lori Farwell Subject: Re: Rex Potter will miss the October 15 & November 5 Council meetings Hi Lori, RE: Rex Potter missing the 10/15 and 11/5 council meetings I consent to Rex missing the next two meetings. He has been very dedicated in attending work sessions and council meetings for many years. Carolyn Original Message From: Lori Farwell Sent: Wednesday, October 09, 2002 5:31 PM To: Council Place 4 - Ext Cc: Council Place 2 - Ext; ' ; Council Place 5 - Ext; ' Subject: RE: Rex Potter will miss the October 15 & November 5 Council meetings FYI - I just found out that Rex will be able to attend Tuesday night's meeting until 7:30 at which time he must go catch a flight. Lori Farwell, City Secretary 1400 Main Street, Suite 270 Southlake, Texas 76092 (817) 481-1519 Original Message From: Greg Standerfer [ Sent: Wednesday, October 09, 2002 5:20 PM To: Lori Farwell Cc: Council Place 2 - Ext; ' ; ' ; Council Place 5 - Ext; ' Subject: Re: Rex Potter will miss the October 15 & November 5 Council meetings I understand that Lori has indicated to Rex that she would like to place an item on the agenda formally excusing Rex's absence for Charter purposes. Formal Council approval is not required. At most, "consent" is the key. I consent to Rex missing the next two meetings. I hope everyone would likewise express their individual consent. Please "reply to all" with your consent so we will not have to place this as a formal item on the agenda. I can't imagine that missing two meetings in 4 years because of a tight business schedule was never the intended result of the Charter item, and would do the same for everyone else. Hope all is going well for everyone. Greg. 10/14/2002 Page l of l Lori Farwell From: Sent: Thursday, October 10, 2002 9:17 PM To: Subject: Re: Rex Potter will miss the October 15 & November 5 Council meet ings I have no problem with Rex missing two meetings. He has proven that he is responsible. Rick 10/11/2002 October 1, 2002 From: The Southlake City Council and Carroll ISD Joint Drug and Alcohol Awareness Committee To: The Southlake City Council & Carroll ISD & Chamber of Commerce & Mayor's Advisory Council Re: Reading of Drug Prevention 30- Second Message in 2003 (Page 2) Action Requested Make a resolution (or similar non - binding action \statement\request) asking that at the start of every meeting attended by parents in Southlake during 2003 that our 30- second prevention message be read by the person conducting the meeting. Background Our Prevention Committee over the past five years has tried many, many, many attempts to increase parental awareness concerning our children's use of alcohol and drugs. These attempts have included several different event forums, including bringing in high - profile speakers to our community. Frankly, these efforts have been expensive, poorly- attended, and minimal parental awareness has occurred. This current attempt to increase parental awareness is succinct, direct, and repetitive. And it costs zero. 1 Yes, we are asking for our 30- second message to be read at appropriate meeting Deleted: any and held in Southlake in 2003. If any person present at the meeting is a parent, please start the meeting by reading our prevention message — even if everyone has heard is several times already. We are aware that everyone is busy, but we are only asking for 30- seconds of time to periodically remind ourselves of one of the core needs of our children — their health. Perhaps, if Southlake parents hear our simple message several times in 2003 it will increase parental awareness, before a problem exists. After a child has an accident or develops an addiction, the problem sadly consumes the parent's full attention. Respectfully Submitted, Brad Bartholomew Chairman Drug & Alcohol Awareness Committee Pastor Scott Berry Vice - Chairman Drug & Alcohol Awareness Committee The City of Southlake and Carroll ISD Drug & Alcohol Awareness Committee's Message For Every Parent • Every 15 minutes, a child dies in the US as a result of an alcohol related accident. • When surveyed, 80% of Southlake parents believe their children are not drinking beer or wine. When we survey Carroll seniors, they report 59% have used alcohol in the last month. • Southlake parents believe 98% of their children do not use drugs, but our seniors report 37% have used drugs in the last year. • Most fatalities among teens can be linked in some way to drugs or alcohol. Drugs, including marijuana, are significantly more powerful and addictive than they were 20 to 30 years ago. • Southlake has great parents, but our parents must be aware of what is occurring with our children and in our community. Parents should always monitor their children's activities and friends. If a parent even suspects a problem, they should investigate it — immediately! The Drug and Alcohol Awareness Committee and our website are resources parents can use to raise healthy children. • Not my Child! Are you sure?