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Item 5ACity of Southlake CITY COUNCIL MEETING March 4, 2003 MINUTES CITY COUNCIL PRESENT Mayor Rick Stacy, Mayor Pro Tern W. Ralph Evans, Councilmembers: Carolyn Morris, Rex Potter, Keith Shankland, and Tom Stephen (left at 8 :42 P.M.). CITY COUNCIL ABSENT Deputy Mayor Pro Tern Greg Standerfer. STAFF PRESENT Assistant City Manager Shana Yelverton, Assistant to the City Manager John Eaglen, Planning Director Bruce Payne, Senior Planner Dennis Killough, Senior Planner Jayashree Narayana, Public Works Director Pedram Farahnak, Deputy Director of Public Works Charlie Thomas, Assistant to the Public Works Director Valerie Bradley, Finance Director Sharen Elam, Economic Development Director Greg Last, Economic Development Specialist Betsy Boyett, Director of Public Safety Rick Black, Plans Examiner Skip Vandergrifft, Human Resources Director Kevin Hugman, Acting Director of Community Services Malcolm Jackson, Deputy Director of Community Services Steve Polasek, Senior Parks Planner Chris Carpenter, Professional Standards Coordinator Robert Finn, Secretary to the City Manager Kim Bush, Deputy City Secretary Tara Brooks, Office Assistant Jason Kinney, City Attorney Debra Drayovitch, and City Secretary Lori Farwell. WORK SESSION The work session was called to order by Mayor Stacy at 5:56 p.m. City Council reviewed the agenda items with city staff and applicants. REGULAR SESSION Agenda Item No. 1, Call to order The regular session was called to order by Mayor Stacy at 6:14 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 551.073, 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 6:14 p.m. Executive Session began at 6:27 p.m. and ended at 6:47 p.m. Agenda Item No. 2B, Reconvene The Mayor reconvened the regular meeting at 6:56 p.m. Motion was made to authorize staff to publish a notice for the sale or exchange of city -owned property on Pin Oak Circle as discussed in executive session. Motion: Potter Second: Evans Ayes: Stephen, Evans, Shankland, Morris, Potter, Stacy Nays: None Approved: 6 -0 UNOFFICIAL CITY COUNCIL MEETING MINUTES, MARCH 4, 2003, PAGE 1 OF 14 Agenda Item No. 3: The invocation was presented by Norma Quinn from White's Chapel United Methodist Church. A 30- second message to parents from the Drug and Alcohol Awareness Committee was presented. Mayor Stacy announced that Deputy Mayor Pro Tem Greg Standerfer is working on a trial in Austin and is not able to attend the meeting this evening. Agenda Item No. 4, Reports A. Mayor's Report: The Mayor announced upcoming meetings and events. The Mayor presented awards from the Building Officials Association of Texas to Director Rick Black and his Building Services' staff, and to Chief Building Official Paul Ward for the Texas Building Official of the Year. The Mayor read a list of volunteers for Adopt -a- Street and Keep Southlake Beautiful. Rosemary Hutchins discussed Keep Southlake Beautiful's award of $85,000 to landscape ROWs within Southlake and presented an award to the city. The Mayor presented John Hoffman of the American Red Cross with a proclamation declaring March as American Red Cross month. B. City Manager's Report: Assistant City Manager Shana Yelverton announced that the Chamber of Commerce's Economic Development Impact Award was recently given to Economic Development Director Greg Last. She also presented information on Councilmember Shankland's idea to help residents affected by the deployment of troops, and Assistant to the City Manager John Eaglen presented possible ideas to Council and asked for input and suggestions on other ideas. C. SPIN Report: Jeff Wang briefed Council on recent and upcoming SPIN meetings. D. Parks and Recreation Board Report: Tim O'Connor briefed Council on recent and upcoming Board meetings. E. Southlake 2025 Committee Report: Al Morin and Ron Kulpinski briefed Council on the Committee's previous eight meetings. F. Local Business Report: Economic Development Director Greg Last introduced the owners of Exceptional Events, Lois Nussrallah and Colleen Gedrose, who made a presentation regarding their local business. Consent Agenda 5A. Approval of the minutes of the City Council regular meeting held on February 18, 2003, and of the City Council work session held on February 20, 2003. Approved as presented. 5B. Authorize the Mayor to enter into an Interlocal Agreement with Tarrant County for the rehabilitation of Union Church, Randol Mill, and Lonesome Dove Avenue In December 2002, Tarrant County officials contacted the staff and inquired about roadway projects with which they might assist. For such projects, the County provides labor and equipment and the City provides or pays for the materials, such as hot mix, cement, storm sewer pipe, concrete, etc. Staff reviewed with the County three possible projects: 1.) Union Church Road /South Pearson Avenue (approximately 7,800 feet); 2.) Randol Mill Avenue (approximately 5,830 feet) from the 90 degree turn to Dove Road; and 3.) Lonesome Dove Avenue (approximately 670 feet) from Dove Road to Emerald Circle. A total of 14,300 feet of pavement will be rehabilitated under this agreement. The Union Church Road /South Pearson Avenue project will include installing pipe culverts under Union Church Road to UNOFFICIAL CITY COUNCIL MEETING MINUTES, MARCH 4, 2003, PAGE 2 OF 14 eliminate the low -water crossings. Tarrant County has estimated the cost of the materials as follows: Union Church/S. Pearson - $315,000; Randol Mill Avenue - $91,000; Lonesome Dove Avenue - $19,000. Funds for the materials for county projects were included in FY2002 -03 CIP. The City has an interlocal agreement with the City of Keller to pay half the cost of the hot mix and cement for the Union Church project. Tarrant County Commissioners approved this interlocal agreement on February 18, 2003. 5C. Appointment of Malcolm Jackson as Director of Community Services. Malcolm Jackson has been Interim Director of Community Services for the past four months and has done an excellent job. He has carried out the day -to -day business of the department with the utmost professionalism and attention to detail with very little guidance. As a 14 -year Southlake veteran, Malcolm easily marshals the resources needed to get things done, understands city procedures, and has a strong familiarity with the community. His appointment to this position will allow us to move forward with park projects and programs with few, if any, transitional challenges. 7G. Ordinance No. 480 -224a, 2nd 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 (FM 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 Tabled to the April 1, 2003, City Council meeting. 7H. 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 State Highway 114. Current Zoning: NR -PUD Non - Residential Planned Unit Development District Tabled to the April], 2003, City Council meeting. 7I. ZA02 -044, Preliminary Plat 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 State Highway 114. Current Zoning: NR -PUD Non - Residential Planned Unit Development District. Requested Zoning: NR -PUD Non - Residential Planned Unit Development District Tabled to the April 1, 2003, City Council meeting. 8C. Ordinance No. 480 -294a, 1 st Reading (ZA02 -124) Rezoning and Concept Plan for Harris Methodist Southlake, on property located on the south side of East Southlake Boulevard (FM 1709) and 1500' east of Carroll Avenue. Current Zoning: S -P -2 General Site Plan District Regulations and 0-1 Office District. Requested Zoning: S -P -2 General Site Plan District Regulations Tabled to the March 18, 2003, City Council meeting. 8D. ZA02 -125, Site Plan for Harris Methodist Southlake, on property located on the south side of East Southlake Boulevard (FM 1709) and 1500' east of Carroll Avenue. Current Zoning_ S -P -2 General Site Plan District Regulations and 0-1 Office District. Proposed Zoning: S- P-2 General Site Plan District Regulations Tabled to the April 1, 2003, City Council meeting. 10A. Approval of SPDC Matching Funds Request from the Liberty Garden Committee in the amount of $50,000 and Park Dedication Funds not to exceed $40,000 for the development of a Liberty Garden in Bicentennial Park Acting Director of Community Services Malcolm Jackson made a presentation to Council during the work session. This request is for UNOFFICIAL CITY COUNCIL MEETING MINUTES, MARCH 4, 2003, PAGE 3 OF 14 Council approval of SPDC matching funds in the amount of $50,000 and park dedication funds not to exceed $40,000 for construction of a Liberty Garden in Bicentennial Park. Since Park Board approval of matching funds of $50,000 in October 2002, the committee and staff has reevaluated the original proposal at SPDC's request and refined the cost analysis with assistance from the consulting firm of Dunkin, Sims, Stoffels, Inc. The latest costs reflect some items for which quantities or unit prices were adjusted, a reduction in contingency costs for fixture items, and allowances for ADA accessibility. The result provides the most current representation of "actual costs" for the project, and, therefore, the most accurate assessment of the varying funding source obligations. Because the project was recommended by Park Board to be segregated into two phases, with the pavilion as the second phase, and because the amount of the Committee's match is dynamic and may exceed $50,000, staff recommends that any funds or donations received in excess of the requirement for Phase I be allocated to Phase 11. Thus far, the Liberty Garden Committee has secured $32,900 ($22,900 in Phase I) through donations, contributions, and other cost reductions. The matching funds portion of this request was approved by SPDC subject to a dollar- for - dollar cash match at their March 4, 2003, meeting. IOB. Approval of a variance to Sign Ordinance No. 704 -A for Southlake Town Square located at 301 North Carroll Avenue Plans Examiner Skip Vandergrift made a presentation to Council during the work session. Southlake Town Square is requesting a variance for approval of three existing painted directional signs. The signs are non - business specific and are designed to guide traffic to the West Side District of Town Square. Each sign is composed of a Town Square logo above three lines of lettering (West Side District... Great Food ... More Shopping) and a drawing of a hand pointing to the West Side District. Location and size of the signs are: (A) the east wall of the building at 301 North Carroll Avenue - 98 sq. ft.; (B) the south wall of the building at 331 North Carroll Avenue - 62.5 sq. ft.; and (C) the west wall of the building at 1220 Prospect Avenue - 50 sq. ft. IOC. Award bid to Brett Construction Company of Hico, Texas, for Construction of sanitary sewer improvements in Garden Addition and the associated main to N -1 interceptor, Cedar Oaks Estates, Hillside Estate, Southlake Woods lift station abandonment, water improvements in Lakewood Ridge Addition and Indian Creek Estates, drainage improvements at the intersection of Lonesome Dove Avenue and Dove Road, and pump relocation from Pump Station 92 to Pump Station #1 in the amount of $1,890,594.10 Director of Public Works Pedram Farahnak made a presentation to Council during the work session. City Council approved these sanitary sewer and water projects as part of previous CIP budgets (FY1999 -00 through FY2002 -03) CIP. The projects include providing sanitary sewer service to residents of Garden Addition, Cedar Oaks Estates and Hillside Estates. This project will eliminate the Southlake Woods lift station and Fox Hollow lift station and provide water and fire protection to residents in Lakewood Ridge Addition and Indian Creek Addition. The project also includes construction of a reinforced concrete box culvert across Lonesome Dove Avenue at the intersection with Dove Road to provide drainage improvements and the relocation of a 400 horsepower pump from Pump Station No. 2 to Pump Station No. 1. The relocation will provide increased pumping capacity at Pump Station No. 1 at FM 1709 and Pearson Lane. The contract time for completion of the work is 270 calendar days. The project contractor has agreed to delete extension of water lines into the Lakewood Ridge and the Indian Creek Estates subdivisions should the City determine its lack of feasibility based on the outcome of a current hearing before the Texas Commission on Environmental Quality (TCEQ). Funds for the sanitary sewer and water line improvements are available from FY 1999 -00 and FY UNOFFICIAL CITY COUNCIL MEETING MINUTES, MARCH 4, 2003, PAGE 4 OF 14 2000 -01 CIP. Funds are available for the drainage improvements from FY 2002 -03 CIP and funds for the pump relocation are available from FY2000 -01 CIP. Recommended funding for this project is $1,985,123.10 which includes a 5% construction contingency. Motion was made to approve consent agenda items 5A; 513; 5C; 7G, 7H, and 7I to table to April 1, 2003; 8C to table to March 18, 2003; 8D to table to April 1, 2003; 1OA; 1013; and IOC. Motion: Potter Second: Stephen Ayes: Evans, Shankland, Morris, Potter, Stephen, Stacy Nays: None Approved: 6 -0 REGULAR AGENDA Agenda Item 6. Public Forum Ron Cullum, 745 East Dove Road, Southlake, Texas. He read a letter into the record which asked the city to change his and his neighbors' land use back to medium density residential. The land use was changed from medium density to low density in 1997, and they feel there were not given adequate notice at that time. (the letter will be attached to the minutes as part of the permanent record) . Kelly Riley, 1374 Woodbrook Lane, Southlake, Texas. She is the President of Southlake Carroll Lacrosse and wanted to thank the Council for their continued support of the program. They have received national nominations for their club and signed $80,000 in scholarships last year. Agenda Item 7A. Ordinance No. 480 -417, 2nd Reading_(ZA02 -086) Zoning Change and Development Plan for Oak Pointe. Senior Planner Dennis Killough presented this item to the Council. The property is located on the west side of Ridgecrest Drive, approximately 1200' north of East Dove St. and is approximately 27 acres. The current zoning is AG, the proposed zoning is RPUD and the LUP designation is "Low Density Residential." There are 26 residential lots proposed and five common area /open space lots. The Planning and Zoning Commission recommended approval on January 23, 2003, subject to review, granting the requested variances, and accepting the applicant's willingness to install temporary fire lane along south boundary of site through the city property if it can be worked out with the city and his willingness to move the entrance (street intersecting Ridgecrest) approximately 125' to the south. The City Council approved on first reading on February 18, 2003, subject to Concept Plan Review Summary No. 5, dated February 14, 2003, accepting R -PUD regulations as proposed; granting requested variances; providing an emergency and pedestrian easement into Sweet Street; and accepting the applicant's agreement to improve the East Dove / Ridgecrest intersection. The plan designates the required Sweet Street connection as a 24' wide common area /emergency & pedestrian access easement rather than a 50' public right of way. The street intersecting Ridgecrest has been relocated ± 45' to the south. Applicant Kosse Maykus, 2379 North Carroll Avenue, Southlake, Texas, answered questions from Council. 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: UNOFFICIAL CITY COUNCIL MEETING MINUTES, MARCH 4, 2003, PAGE 5 OF 14 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 TRACT 1G, OUT OF THE JOEL CHIVERS SURVEY, ABSTRACT NO. 350, BEING APPROXIMATELY 26.994 ACRES, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "AG" AGRICULTURAL DISTRICT TO "R -PUD" RESIDENTIAL PLANNED UNIT DEVELOPMENT DISTRICT WITH "SF -20A" SINGLE FAMILY RESIDENTIAL DISTRICT USES AS DEPICTED ON THE APPROVED CONCEPT PLAN, INCLUDING PUD DEVELOPMENT STANDARDS, 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 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. Motion was made to approve Ordinance No. 480 -417, 2nd Reading, subject to Development Plan Review Summary No. 5, dated February 14, 2003, as approved on first reading; permitting the requested variances; and accepting the applicant's commitments in his letter presented at this meeting. Motion: Potter Second: Evans Ayes: Shankland, Morris, Potter, Stephen, Evans, Stacy Nays: None Approved: 6 -0 Agenda Item No. 7B. ZA02 -087, Preliminary Plat for Oak Pointe. Senior Planner Dennis Killough presented this item to the Council. This is the preliminary plat associated with the previous item. There are no unique issues created by the plat. The plat, as proposed, is contingent upon approval of proposed zoning change and development plan. The Planning and Zoning Commission recommended approval on January 23, 2003, granting requested variances and accepting the applicant's willingness to install a temporary fire lane along south boundary of site through the city property if it can be worked out with the city; plus moving entrance approximately 125' to the south. Applicant Kosse Maykus, 2379 North Carroll Avenue, Southlake, Texas, answered questions from Council. Motion was made to approve ZA02 -087 subject to Plat Review Summary No. 5, dated February 14, 2003, incorporating the approval requirements of Ordinance No. 480 -417, ZA02 -086. Motion: Potter Second: Evans Ayes: Morris, Potter, Stephen, Evans, Shankland, Stacy Nays: None Approved: 6 -0 UNOFFICIAL CITY COUNCIL MEETING MINUTES, MARCH 4, 2003, PAGE 6 OF 14 Agenda Item No. 7C. Resolution No. 03 -008, Amendment to the currently adopted Land Use Plan creating a new land use category to be known as "Town Center. Senior Planner Dennis Killough presented this item to the Council. This amendment is proposed to support the creation of the "DT" Downtown District and designate the geographical areas considered appropriate for that type of land use and development. The proposal amends the text of the Land Use Plan by adding language supporting development of a "town center" and a description of the new designation. The proposal also revises the map placing the "TC" designation in the general area bounded by State Highway 114, North Carroll Avenue, East Southlake Boulevard, and the east boundary of Southlake Town Square, specifically the area currently designated as "Mixed Use." This area includes all land currently under control by the developers of Town Square, as well as the DPS facility on North Carroll Avenue. Public Hearing opened. Brian Stebbins of Cooper & Stebbins spoke in support of a downtown district. It allows for a hotel which will improve the tax base and revenues. Public Hearing closed. In accordance with Section 4.21 of the City Charter, the caption for this item is listed as follows: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS, AMENDING THE CITY'S ADOPTED 1998 LAND USE PLAN AND MAP TO AMEND THE GOALS AND OBJECTIVES TO CREATE THE "TOWN CENTER" LAND USE DESIGNATION AND APPLY IT TO THE GENERAL AREA BOUNDED BY HWY 114, NORTH CARROLL AVENUE, F.M. 1709 ( SOUTHLAKE BLVD.), AND EASTERN EDGE OF SOUTHLAKE TOWN SQUARE PROPERTY LINE AND PROVIDING AN EFFECTIVE DATE. Motion was made to approve Resolution No. 03 -008. Motion: Stephen Second: Potter Ayes: Potter, Stephen, Evans, Shankland, Morris, Stacy Nays: None Approved: 6 -0 Agenda Item No. 7D. Ordinance No. 480 -SS, 2nd Reading, An amendment to the Comprehensive Zoning Ordinance No. 480, as amended, as it pertains to the creation of a Downtown Zoning District. Planning Director Bruce Payne presented this item to the Council. Southlake Town Square has become recognized as a unique development due to its qualities as a true small town downtown. At the time of its inception, the City's Non - Residential Planned Unit Development standards (NR -PUD) were used as a base to tailor regulations to create this mixed -use development. Of late, valid concerns have been raised about the applicability of blanket NR- PUD regulations to Town Square. In particular, questions about the appropriateness of the Town Square land use mix elsewhere in the city are being raised. In addressing the above concerns and in recognizing the unique nature of Town Square, the Planning Department, under Council direction, is proposing the creation of a Downtown Zoning District. The City Council approved UNOFFICIAL CITY COUNCIL MEETING MINUTES, MARCH 4, 2003, PAGE 7 OF 14 first reading on December 17, 2002. Changes from the last work session held on February 20, 2003, and discussions with the property owners have been incorporated into this plan. 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 AMENDING ORDINANCE NO. 480, AS AMENDED, THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF SOUTHLAKE, TEXAS; REVISING CERTAIN SECTIONS REGARDING DOWNTOWN ZONING DISTRICT; 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. Motion was made to approve Ordinance 480 -SS, 2nd Reading, to include changes per work session but to eliminate red -lined additional uses with the exception of model homes. Motion: Stephen Second: Evans Councilmember Potter clarified that he is only willing to increase the number of units from 85 to 95 and then require a super - majority vote to approve up to 115 units. He also wants to limit the number of lofts to allow no more than 50 units. Councilmember Stephen did not amend his motion. Ayes: Stephen, Evans, Shankland, Stacy Nays: Morris, Potter Approved: 4 -2 Councilmember Morris said she has some concerns regarding allowing 115 units, but she likes the geographic limitation. She cannot support 115 units. Agenda Item No. 7E. Resolution No. 03 -011, Approving Downtown District Design Guidelines as it pertains to development in the Downtown Zoning District Planning Director Bruce Payne presented this item to the Council. At the first reading of Ordinance 480 -SS at City Council on December 17, 2002, several concerns were raised about the elimination of the applicability of the Overlay District standards on all development in the Downtown District. The concerns stemmed from the lack of any specific design standards that reflected the character of existing development. In order to address the above concerns, staff is proposing a set of Downtown District Design Guidelines based on the existing patterns of development. The guidelines are not intended to be regulatory but are intended to assist the decision making authorities in determining the extent to which proposed development meets the goals of the Downtown District. The proposed guidelines are not intended to be static, but will likely evolve to better address future development and market trends. The guidelines shall be adopted by City Council in conjunction with the Downtown Zoning District. The Planning and Zoning Commission recommended approval on January 9, 2003. Public Hearing opened. UNOFFICIAL CITY COUNCIL MEETING MINUTES, MARCH 4, 2003, PAGE 8 OF 14 Brian Stebbins of Cooper & Stebbins said he agrees with the district design guidelines. Public Hearing closed. In accordance with Section 4.21 of the City Charter, the caption for this item is listed as follows: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS, ADOPTING THE DOWNTOWN DISTRICT DESIGN GUIDELINES TO APPLY TO ALL DEVELOPMENT IN THE DOWNTOWN ZONING DISTRICT. Motion was made to approve Resolution No. 03 -011. Motion: Stephen Second: Evans Ayes: Evans, Shankland, Morris, Potter, Stephen, Stacy Nays: None Approved: 6 -0 Agenda Item No. 7F. Ordinance No. 480 -410, 2nd Reading (ZA02 -104) Zoning and Concept Plan for Southlake Town Square. Senior Planner Dennis Killough presented this item to the Council. This is a city- initiated zoning change request to place the DT Downtown District zoning classification on the Southlake Town Square site. This request is limited to the current N -RPUD boundary of Town Square. The purpose of this request is to promote and retain the unique nature of Town Square as the community's downtown. The City Council approved first reading on December 17, 2002. 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 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 BLOCKS 1R, 2R1, 3R1, 4R, 5R, 6, 7, AND 8, SOUTHLAKE TOWN SQUARE, AND TRACTS 3, 3A, 2A5, AND 2A, R. EADS SURVEY, ABSTRACT NO. 481, BEING APPROXIMATELY 105 ACRES, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "NR -PUD" NON - RESIDENTIAL PLANNED UNIT DEVELOPMENT DISTRICT TO "DT" DOWNTOWN DISTRICT, 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 ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY FOR VIOLATIONS HEREOF; PROVIDING A SAVINGS UNOFFICIAL CITY COUNCIL MEETING MINUTES, MARCH 4, 2003, PAGE 9 OF 14 CLAUSE; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE. Motion was made to approve Ordinance No. 480 -410, 2nd Reading (ZA02 -104). Motion: Stephen Second: Evans Ayes: Shankland, Morris, Stephen, Evans, Stacy Nays: Potter Approved: 5 -1 Councilmember Tom Stephen left the meeting at 8:42 p.m. Agenda Item No. 7J. Ordinance No. 841, 2nd Reading, Approval of Wholesale System Access Fees required by the contract for water service between the City of Southlake and the City of Fort Worth dated September 4, 2002. Public Works Director Pedram Farahnak presented this item to the Council. On August 6, 2002, the Southlake City Council authorized the Mayor to execute a contract for water service between the City of Fort Worth and the City of Southlake for wholesale purchase of water. Subsequently, the Fort Worth City Council authorized and executed the contract on September 4, 2002. Entering into this standard contract has put us in the position of having to pass along Fort Worth's system access fee to customers tying into the system. In accordance with section 16. 1, "System Access Fees," Southlake agrees to pay Fort Worth a wholesale system access fee for each new or enlarged connection for water service made in Southlake's service area served by the general benefit facilities of the Fort Worth Water System. The wholesale system access fee to Southlake for each such connection shall be based upon the size of the water meter. Council approved Ordinance No. 841 on first reading on February 18, 2003. 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 AUTHORIZING THE COLLECTION OF WHOLESALE SYSTEM ACCESS FEES FOR EACH NEW OR ENLARGED CONNECTION FOR WATER SERVICE; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; AND PROVIDING AN EFFECTIVE DATE. Motion was made to approve Ordinance No_ 841, 2 " Reading. Motion: Evans Second: Shankland Ayes: Morris, Potter, Evans, Shankland, Stacy Nays: None Approved: 5 -0 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. 8A. Ordinance No. 480 -330a, 1 st Reading (ZA03 -005), Rezoning and Site Plan for Lot 1. Block 1 and Lot 1. Block 2. Carroll I. S.D. No. 6 Addition. Senior Planner Dennis UNOFFICIAL CITY COUNCIL MEETING MINUTES, MARCH 4, 2003, PAGE 10 OF 14 Killough presented this item to the Council. This property is located at the intersection of South Kimball and Silicon Drive. The purpose of this request is to add 2,020 additional seats, revise the parking regulations, allocate areas for portable toilets and change previously approved hours of operation. The review of this application is 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: 1) parking shortage; 2) status of negotiation with adjacent property owners on parking, bus relocation and extra hour of operation; 3) lack of work with Department of Public Safety; 4) lack of light shielding; and, 5) 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. A SPIN meeting was held on Monday, March 3, 2003. Dr. Gary Mathews, CISD School Superintendent, made a presentation to the Council and introduced CISD Board of Trustees President Robin Snyder and John Wagner of Hunt Sports Group. Mayor Stacy explained that Council cannot take action on this item tonight due to the fact that only five Councilmembers are present, and it requires a super - majority vote. Council has decided to continue this item to Friday, March 7, and hold a special meeting for its consideration. Ms. Snyder apologized to Council for not including the city in this process earlier. They were trying to be discrete in negotiating this contract and made an error in not bringing it to the city earlier. She thanked the Council for their willingness to meet on Friday night. Dr. Mathews expressed his willingness to work with the city on all future endeavors. John Wagner of Hunt Sports Group made a presentation to Council and answered Council's questions. He said Dallas Burn games will be on Saturdays during the summer with the exception of two Wednesday night games. David Taylor, Vice President of Operations for Dallas Burn, introduced himself to Council and said he is in charge of the overall fan experience of the Dallas Burn. Jack Skelton, Ace Parking, said they are the 4 th largest parking company in the United States. They have worked with the Dallas Burn at Fair Park for five years. He made a presentation of their traffic plan. Mr. Taylor addressed Council's questions regarding vehicle routes. Letters will be sent out to the season ticket holders instructing them where to park and how to get there. He reviewed the routing of vehicles entering and exiting the stadium and said they will try to divide vehicles between FM 1709 and SH 26. John Dorety addressed the Mayor's questions regarding parking on the Fickes/Dorety property. They think they will have parking on their property no matter what they do, and they are simply trying to control it. Mr. Skelton discussed traffic flow leaving the stadium. Mr. Wagner said he has met with Southlake DPS and will continue to refine the plan as needed. He is hoping to work on getting some closer parking spaces. He stressed the fact that they have a UNOFFICIAL CITY COUNCIL MEETING MINUTES, MARCH 4, 2003, PAGE 11 OF 14 professional parking company working for them who has worked with them for years. He said they are charging $10 for parking. Mayor Stacy said the local resident who feels like they own this stadium will not be happy about having to pay $10 for parking. Dr. Mathews said their CFO is estimating the school system will gain between $200,000 — $500,000 per year from this contract. This money would provide for educational needs such as providing a rather significant reading initiative for students. Ms. Snyder said the revenue amount quoted is contingent upon the school district getting concessions, and that issue is still being negotiated. Mayor Stacy questioned why some of the money would not be used to pave the parking lot. Ms. Snyder indicated they do not have the money to pay for a parking lot right now. Councilmember Potter encouraged them to fix the parking problem down there for the long term. They need a solution that will eliminate people from having to go through the neighborhoods. Darrell Faglie, 505 South Kimball, Southlake, Texas. His property and his neighbors' properties are not in the Carroll school district so that is why the Board elected to take their neighborhood and destroy it. They have put two schools across the street from residences which required their street to be widened from two lanes to four lanes. Now the school district is going to use it for a commercial parking lot. He is opposed to this request and is opposed to anything additional at the stadium because the school district has not met their original requirements. He asked each of the Councilmembers to attend a Burn game before voting on this item. Ralph Williams, 1177 Adams Lane, Southlake, Texas. Said this is in improper use of our stadium based on the verbal assurances and representations made by the prior school board in getting the local property owners to support the stadium. None of them have contemplated having a professional sports team play in their backyard and having to deal with the accompanying issues. The existing parking provided by CISD is totally inadequate and insufficient to meet the requirements of soccer crowds exceeding 7,000 people. CISD is unwilling to make a financial commitment to develop additional parking for Dragon stadium. There will be off premise consumption of alcohol at these events, and trash will be an issue. The Carroll school board negotiated a bad deal, but that does not mean the city has to support it. He asked Council to turn down this request. Steve Lakin, 400 Donley Court, Southlake, Texas. Said he is speaking as a citizen and not as a school board member. They are trying to mitigate the parking and traffic and security issues. He asked everyone to talk objectively about the benefits to the school district, the children, and the soccer fans. He said to not bring old issues or emotions into the discussion and stay objective. He said their number one objective is to educate the kids. He cannot change the fact that Dragon Stadium was built where it was built or how much the mortgage is on it. Taxpayers will receive the equivalent of a two cent tax reduction by having the Dallas Burn here. Council needs to remember it was not the current Board or the current Council who approved the 5:1 parking ratio, but they are trying to help fix it. They are trying to keep parking in this local area because they feel it is best for the community and for the fans to keep the parking close. UNOFFICIAL CITY COUNCIL MEETING MINUTES, MARCH 4, 2003, PAGE 12 OF 14 Mr. Wagner said if the benchmark is to have the school district put in 375 paved parking spaces, then he cannot in good conscience continue this request. He is not asking the school district to mortgage something that they were not intending on doing to make this deal work; he understood that they had to meet the 5:1 parking ratio. Darla Reed, CISD Board of Trustees member, said there is a benefit to the community. With this additional revenue, they can hire one to three reading teachers that can help children who cannot read. Councilmember Potter said he is not asking them to put pavement on the ground today, but he is asking them to put pavement down in the next few years. He said John Wagner has the ability to help the school district with this parking lot right now. Mayor Stacy said it seems to him that if the school district is interested in looking at the stadium as a revenue source, they would more interested in spending the additional dollars to get permanent seating and more parking, then they could have more events like this. Councilmember Shankland said the exposure to Southlake is immeasurable, and he hopes the parking issue can be worked out. He said the publicity alone will be tremendous. Darrell Faglie said he does not want offsite parking across from residential where they have to run a shuttle back and forth; that would be very disturbing. He asked for the school district to address the lighting. He said a school board member said as the last SPIN meeting that sometimes a few have to suffer for the good of many, and he is tired of suffering. Ralph Williams suggested they go to Trammell Crow who has 25 acres across the street and work with them on parking. Lou Caposta, 2311 Crooked Lane, Southlake, Texas. Said they need to cut out the football program altogether, and they would save a lot of money. Jerry Marin, 200 Ginger Court, Southlake, Texas. Said he is ashamed of what he has experienced here tonight, especially from the Mayor. What he saw here tonight is petty, small town politics. Jeff Wang, 595 South Kimball Avenue, Southlake, Texas. He asked Council to review the minutes from the February 3, 2000, P &Z meeting and the February 15 and March 7, 2000, Council meetings regarding this stadium issue. Mayor Pro Tern Evans said they need more parking, and they need to nail down exactly where the people will park. He would like to see a long -range plan for permanent parking. Lowell Morrison said Dr. Gillum promised Mr. Caposta that they would pay for fencing around his property and asked the district to pay for that now. Councilmember Morris said she wants to work with the district. She thinks the Burn will be good Southlake residents, but she would like to see the parking ratio down where it needs to be. She is willing to look at some short term, off -site parking and a 4:1 ratio in order to give the school district this much needed revenue. UNOFFICIAL CITY COUNCIL MEETING MINUTES, MARCH 4, 2003, PAGE 13 OF 14 Mr. Wagner and the school district agreed to work on the issues before they return at the next meeting. Motion was made to continue consideration of Ordinance No. 841, 1 st Reading, to Friday, March 7, 2003, at 7:00 p.m. Motion: Shankland Second: Evans Ayes: Morris, Potter, Evans, Shankland, Stacy Nays: None Approved: 5 -0 Agenda Item No. 8B. Ordinance No. 480 -TT, 1 st Reading, An amendment to the Comprehensive Zoning Ordinance No. 480, as amended, as it pertains to the Planned Unit Development District PUD . Director of Planning Bruce Payne said this item also requires a super - majority and that Council may want to consider tabling it until another meeting. Council agreed to table this item until April 1, 2003. Motion was made to table Ordinance No. 480 -TT, 1 st Reading, to the April 1, 2003, City Council meeting Motion: Shankland Second: Potter Ayes: Evans, Shankland, Morris, Potter, Stacy Nays: None Approved: 5 -0 Agenda Item 11A. Review of Ordinance No. 635, Code of Ethics and Conduct Council did not discuss this item and moved it to their March 18 meeting. Agenda Item 12. Meeting Adjourned There being no further business to discuss, the meeting was adjourned at 11:35 p.m. Rick Stacy Mayor ATTEST: Lori A. Farwell City Secretary UNOFFICIAL CITY COUNCIL MEETING MINUTES, MARCH 4, 2003, PAGE 14 OF 14 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 st Reading (ZA03 -005) Rezoning and Site Plan for Lot 1, Block 1, and Lot 1, Block 2, Carroll L 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 election to pave the three acres at Dragon Stadium; and to authorize the administration to work with adjacent landowners to secure joint parking agreements. UNOFFICIAL SPECIAL CITY COUNCIL MEETING MINUTES, MARCH 7, 2003, PAGE I OF 3 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 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 UNOFFICIAL SPECIAL CITY COUNCIL MEETING MINUTES, MARCH 7, 2003, PAGE 2 OF 3 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 st 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. Rick Stacy Mayor ATTEST: Lori A. Farwell City Secretary UNOFFICIAL SPECIAL CITY COUNCIL MEETING MINUTES, MARCH 7, 2003, PAGE 3 OF 3