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2003-03-07 Special CC Meeting City of Southlake SPECIAL CITY COUNCIL. MEETING: March 7, 2003 LOCATION: 1400 Main Street, Southlake, Texas Council Chambers in Town Hall 7:00 p.m. 1. Call to order. 2. A. Executive Session: Pursuant to the Open Meetings Act, Chapter 551, Texas Government Code, Sections 551.071, 551.072, 551.073, 551.074, 551.076 and 551.087. Refer to posted list attached hereto and incorporated herein. Executive Session may be held, under these exceptions, at the end of the Regular Session or at any time during the meeting that a need arises for the City Council to seek advice from the City Attorney as to the posted subject matter of this City Council meeting. B. Reconvene: Action necessary on items discussed in Executive Session. 3. Ordinance No. 480 -330a, 1 Reading (ZA03 -005), Rezoning and Site Plan for Lot 1 Block 1 and Lot 1, Block 2, Carroll I.S.D. No. 6 Addition, on property located south of Crooked Lane approximately 300' east of the intersection of Crooked Lane and South Kimball Avenue, and being approximately 42.4 acres. Current Zoning: S -P -1 Detailed Site Plan District with CS Community Service District uses including transportation facility and stadium. Requested Zoning: S -P -1 Detailed Site Plan District with CS Community Service District uses including transportation facility and stadium. SPIN Neighborhood #7. (If approved on first reading, the public hearing will be on March 18, 2003.) 4. Meeting Adjourned. CERTIFICATE I hereby certify that the above agenda was posted on the official bulletin boards at Town Hall, 1400 Main Street, Southlake, Texas, on Tuesday March 4, 2003, at 7:00 p.m., pursuant to the Texas Government Code, Chapter 551. '',,.....rr :r.,,a, a , #4,4 f s o =� I :- Lori A. Farwell � City Secretary ••' ........ If you plan to attend this public meeting anc7'hai a *ability that requires special needs, please advise the City Secretary 48 hours in advance at 817 - 481 -1490 and reasonable accommodations will be made to assist you. City of Southlake Special City Council Meeting Agenda March 7, 2003 Page 2 of 2 EXECUTIVE SESSION SECTION 551.071 CONSULTATION WITH ATTORNEY The City Council may conduct a private consultation with its attorney when the City Council seeks the advise of its attorney concerning any item on this agenda, about pending and contemplated litigation, or a settlement offer, or on a matter in which the duty of the attorney to the City Council under the Texas Disciplinary Rules of Professional Conduct of the State Board of Texas clearly conflicts with Chapter 551. This includes the following pending and/or contemplated litigation subjects: 1. Hanson Aggregate Central, Inc., vs. City of Southlake. October 2000. 2. City of Southlake vs. Timarron et.al. May 2001. 3. Oakmont Enterprises, Inc., vs. City of Southlake, and Sabre, Inc. January 2002. 4. Leona and Raymond Fox vs. City of Southlake. April 2002. 5. David A. Gray vs. City of Southlake. April 2002. 6. City of Southlake vs. Pinnacle Integrated Technologies, Inc. September 2002. 7. Richard W. Hart vs. City of Southlake. September 2002. SECTION 551.072 DELIBERATION REGARDING REAL PROPERTY The City Council may conduct a closed meeting to deliberate the purchase, exchange, lease or value of real property. SECTION 551.073 DELIBERATION REGARDING PROSPECTIVE GIFT The City Council may conduct a closed meeting to deliberate a negotiated contract for a prospective gift or donation to the City. SECTION 551.074 DELIBERATION REGARDING PERSONNEL MATTERS The City Council may deliberate the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of public officers, including the City Manager, City Secretary, City Attorney, and city boards and commission members. A complete list of the city boards and commissions is on file in the City Secretary's Office. SECTION 551.076 DELIBERATION REGARDING SECURITY DEVICES The City Council may deliberate the deployment, or specific occasions for implementation of security personnel or devices. SECTION 551.087 DELIBERATION REGARDING ECONOMIC DEVELOPMENT NEGOTIATIONS The City Council may discuss or deliberate regarding commercial or financial information received from a business prospect that the city seeks to have locate, stay, or expand in or near the city and which the City is conducting economic development negotiations; or to deliberate the offer of a financial or other incentive to a business prospect as described above. City of Southlake SPECIAL CITY COUNCIL MEETING March 7, 2003 MINUTES CITY COUNCIL PRESENT: Mayor Rick Stacy, Mayor Pro Tem W. Ralph Evans, Deputy Mayor Pro Tem Greg Standerfer; Councilmembers: Carolyn Morris, Rex Potter, Keith Shankland, and Tom Stephen. CITY COUNCIL ABSENT: None. STAFF PRESENT: Assistant City Manager Shana Yelverton, Assistant to the City Manager John Eaglen, Planning Director Bruce Payne, Finance Director Sharen Elam, Director of Public Safety Rick Black, Deputy City Secretary Tara Brooks, City Attorney Wayne K. Olsen, and City Secretary Lori Farwell. REGULAR SESSION: Agenda Item No. 1, Call to order. The regular session was called to order by Mayor Stacy at 7:04 p.m. Agenda Item No. 2, Executive Session. There was no executive session. Councilmember Tom Stephen completed a Conflict of Interest Affidavit for Ordinance No. 480 - 330a (ZA03 -005) and did not participate in the discussion. Agenda Item No. 3, Ordinance No. 480 -330a, 1 Reading (ZA03 -005) Rezoning and Site Plan for Lot 1, Block 1, and Lot 1, Block 2, Carroll I.S.D. No. 6 Addition. Director of Planning Bruce Payne presented this item to the Council and discussed changes that were made since the March 4, 2003, City Council Meeting. This property is located at the intersection of South Kimball and Silicon Drive. The purpose of this request is for additional seats, revise the parking regulations, allocate areas for portable toilets and change previously approved hours of operation. The review of this application was limited to those areas of change only. These changes are driven by the school district's contract with the Dallas Burn professional soccer team for use of Dragon Stadium. The Planning and Zoning Commission recommended denial on February 20, 2003, for the following reasons: parking shortage; status of negotiation with adjacent property owners on parking, bus relocation and extra hour of operation; lack of work with Department of Public Safety; lack of light shielding; and lack of SPIN meeting. A super- majority vote in the affirmative by the City Council (at least 3 /4 of all members) is required to over -rule the P &Z's recommendation for denial of this request. Robin Snyder, President of the Board of Trustees for Carroll Independent School District, addressed Council's questions. The Board called an emergency meeting on March 6 so they would be ready to address Council's questions at this meeting tonight. They made several motions at that meeting which were: to allow the Dallas Burn to change their property by adding gravel for parking; to initiate a joint economic development committee to include city officials and school board officials; to recommend a second bond option to be included in the next bond SPECIAL CITY COUNCIL MEETING MINUTES, MARCH 7, 2003, PAGE 1 OF 3 election to pave the three acres at Dragon Stadium; and to authorize the administration to work with adjacent landowners to secure joint parking agreements. John Wagner of Dallas Burn addressed Council's questions. He said they propose as an organization to allow for a 30- second spot during the airing of their games for the promotion of Southlake economic development. Mayor Stacy asked the applicants to address the following issues: portable toilets, extended hours, tents, light shields, number of employees and how many will be shuttled to and from the stadium. Ms. Snyder withdrew their request for extended hours. She and Mr. Wagner addressed the Mayor's questions. They discussed the tents — the location, the duration of time, and the composition. Councilmember Potter suggested letting the applicant have the tents for the first year and requiring them to come back for approval after that. Ms. Snyder answered questions regarding the lighting. She said the currently approved lighting has internal shields. They consulted the lighting manufacturer who told them that they should not add external shields because it would add too much weight on the poles, and the poles were not designed for external shields. She said they are going to have someone look at the lights and determine that they are still directed where they need to be and not towards the homes. Councilmember Potter asked what Council should do about the temporary nature of the gravel parking lot and whether or not it needs to be included in their motion. Director Payne said Council can put a statement in their motion requiring the parking lot to be paved within a certain number of years or requiring it to be removed within a certain number of years. Mayor Stacy said to keep in mind that whatever stipulation Council places on the parking lot will be difficult to enforce, and he thinks Council needs to be reasonable. He does not want to prohibit them from playing football games in the stadium because they do not have the money to pave the parking lot. He thinks the Council should accept the school's commitment to put it in their next bond package and then help them sell the package to the public. Mr. Wagner said they will have approximately 200 to 220 employees, counting concessions, management assistants, and parking assistants, who will be shuttled back and forth. He said they are still going to work with the Trammell Crow property to see if employees can park there and walk to the stadium. Councilmember Morris asked the applicants about the "No Parking" signs along the roadways. Mr. Wagner said he and the district will get that worked out between them. The signs will be temporary and will be placed before every game. Councilmember Morris asked about trash clean -up, and Ms. Snyder said they have hired some CISD employees to clean -up the trash. Joe Potthoff, 1201 W. Abram Street, Arlington, Texas, is representing Pamela and Lowell Morrison and several other adjacent residential property owners. He expressed concerns about SPECIAL CITY COUNCIL MEETING MINUTES, MARCH 7, 2003, PAGE 2 OF 3 lighting; expansion of parking lots and solid screening of the residential properties; slats that were never put in the fencing as required by the approval of the zoning; noise level around the residential properties; pools have had to be cleaned out several times due to the dust; and type of gravel material used for the parking lots. Ms. Snyder said it was an oversight that the slats were not put in the fencing and that will be done. Dale Crane of the CISB Board of Trustees said he is determining the length of fencing that is there, what fencing was promised, and when the remainder will be placed. Mayor Stacy commended the school district and said they have made a lot of progress in 72 hours; this is a much better plan for the community. Mayor Stacy said there have been ethics violation charges against two P &Z Commissioners and said he wants that issue resolved before the second reading of this ordinance on March 18. He asked for that item to be placed on the Council's next agenda. He hopes that does not delay this process but if someone has done something unethical, it needs to be addressed. Motion was made to approve Ordinance No. 480 -330a, 1 Reading, subject to Revised Site Plan Review Summary No. 2, dated February 28, 2003; accepting changes as proposed by the applicant tonight; requiring the applicant to oil the gravel parking lot to keep the dust down; allowing the proposed portable toilets and tents for one year and requiring approval by SUP after that time period; deleting the request for extended hours; accepting the proposed parking as presented tonight and if it requires a variance, granting a variance; accepting the applicant's commitment for temporary directional signs along the roadways; and accepting the applicant's offer to put an item on their next bond election to permanently pave the parking lot. Motion: Potter Second: Standerfer Ayes: Evans, Shankland, Morris, Standerfer, Potter, Stacy Nays: None Approved: 6 -0 Agenda Item 4, Meeting Adjourned. There being no further business to discuss, the meeting was adjourned at 8:09 p.m. e Rick tacy Mayor ATTEST: TH k do, a • Lori A. Farwell : v City Secretary SPECIAL CITY COUNCIL MEETING MINUTES, MARCH 7, 2003, PAGE 3 OF 3