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1999-10-05REGULAR CITY COUNCIL LMEETING 667 NORTH CARROLL AVENUE SOUTHLAKE, TEXAS OCTOBER 5, 1999 MINUTES COUNCILMEMBERS PRESENT: Mayor Rick Stacy; Mayor Pro Tem Gary Fawks; Deputy Mayor Pro Tem Ronnie Kendall. Members: Wayne Moffat, Patsy DuPre, Debra Edmondson, and Rex Potter. CITY STAFF PRESENT: Assistant City Manager Shana Yelverton; Assistant to the City Manager Shelli Siemer; Interim Director of Planning and Zoning Administrator Karen Gandy; Director of Public Works Ron Harper; Deputy Director of Public Works Charlie Thomas; Senior Civil Engineer Shawn Poe; Deputy Director of Community Services Steve Polasek; Public Information Officer James Kunke; Deputy Director of Public Safety Fire Services Ricky Black; Director of Public Safety Garland Wilson; Senior Planner Chris Carpenter; Senior Planner Dennis Killough; Director of Finance Sharen Elam; Administrative Operations Coordinator Malcolm Jackson; City Attorney Wayne K. Olson; and, City Secretary Sandra L. LeGrand. WORK SESSION: The work session was called to order by Mayor Rick Stacy at 6:30 p.m. Councilmembers and staff discussed items on the agenda. The work session was video taped and tape-recorded for future reference. The following items were discussed during the work session: Agenda Item #5-B, Award of bid for underground utilities for Town Hall. Councilmember Gary Fawks questioned the first line item on the bids and commented that having a $80,000 to $90,000 difference between the two bids bothered him. He asked questions about the off-site storm drain and why there would be so much difference in this bid. Director of Public Works Ron Harper responded to his questions. Agenda Item #5-D, Authorize the Mayor to enter into an interlocal agreement with the City of Grapevine for library services. Councilmember Gary Fawks asked Steve Polasek, Deputy Director of Community Services, "My recollection when we decided to enter into this agreement [was] that what we decided to do was [to] pay for the library card per household and I don't see that in here." Polasek stated it would still continue to be the same library charges per household. He stated because of the new library system that Grapevine has in place, they will only be able to issue one card, but if you have your driver's license, they will be able to issue more cards. There is a one time $25 fee per family per year. Agenda Item #5-E, Approval of proposed library interior layout. Councilmember Potter stated he has one comment regarding this agenda item and that is about adult seating. Steve Polasek stated they could add adult seating to the plan. Regular City Council Meeting of October 5, 1999 Page 1 of 26 Agenda Item #5-F, Ordinance No. 758, ist reading, Consolidation of the Public Works and Engineering Departments. Director of Public Works Ron Harper stated the City Attorneys have made a few minor changes in the wording of the ordinance and that it would be changed prior to the second reading of the ordinance. Agenda Item #5-J,, Approval of Zoning Fees Hardship Policy. Zoning Administrator Karen Gandy asked that the wording in the policy be changed from "zoning fees" to "development related fees," and that an applicant would be required to show economic hardship in order to qualify. Agenda Item #5-L, Award of Bid to Alphagraphics for printing of regular and special issue newsletters and authorization for staff to reject recreation catalog printing bids and to re-advertise for bid. After discussion, Council stated they wished to reject all bids and instruct staff to re-advertise for bids. Agenda Item #5-M, Award of bid to Ten Star Productions for the video taping of City Council and other public meetings. Councilmember Kendall stated she would like for the City Council to have input on which special meetings will be video taped. Council agreed that regarding any meetings other than the regular City Council and Planning and Zoning meetings, they would like to have input on whether or not to video tape. Cotmcilmember Gary Fawks commented that a common complai¢t from citizens regarding the video taping of meetings is the sound, and it has been confirmed that the cable company is the problem and not the actual taping of the meetings. Agenda Item #10-C and glO-D, Extending the Validity of Case No. ZA 96-153, and ZA 97-10. Administrative Operations Coordinator Malcolm Jackson stated he was pleased to announce that on September 24, 1999, a meeting was conducted with Mr. Boggess, Mr. Baker, Mr. Wheeler, who are citizens, along with Tom Murray and Allen Laive of Toll Brothers. Councilmembers Debra Edmondson and Patsy DuPre also attended. Jackson stated, "What we did as staff members was lay the points on the table for discussion." He thanked all the parties involved. Jackson said, "They did come to the table with a sense of attempting to resolve the issues and once the points were discussed, we did reach agreements on all the issues that lay at hand with all of the parties concerned. To cite for the record what the conditions were, Toll Brothers agreed to mitigate a total of 230 caliper inches of trees; and Toll Brothers and Mr. Baker have come to a financial resolution, the terms of which Toll Brothers has requested to not be made public. Toll Brothers will arrange to provide lot by lot landscaping on each and every lot that borders Mr. Baker's property. That landscaping will be consistent with a reviewed landscape plan that is presented to Keith Martin, and he has looked at it this evening. Toll Brothers will also be permitted to leave the existing fence at its current height and current location and all future fencing will be placed at the original location represented at the 25' property line. Toll Brothers has also reached a settlement with Mr. Boggess and those terms will also remain not public. Toll Brothers has also come to a strict understanding that Regular City Council Meeting of October 5, 1999 Page 2 of 26 they will substantially improve the landscape across from Mr. Boggess' to screen the garage issue as part of trying to be good corporate neighbors. Toll Brothers will plant a total of 140 caliper inches of trees along the fight-of-way of the subdivision on the main boulevard or as otherwise stipulated by Keith Martin. Toll Brothers has acknowledged that they recognize that all future activity at that location must be in full and complete compliance or there will be an immediate suspension of inspections and issuance of certificates of occupancy or other sanctions will be taken by city staff in regards to their operation. All parties have come to complete resolution and I have spoken to both Mr. Baker and Mr. Boggess this afternoon and they have reached the terms of agreement. I want to thank the Councilmembers and other parties, they have come to a great resolution of these issues." Councilmember Debra Edmondson stated she too wants to thank the parties involved, stating she feels there was a great spirit of cooperation in that room and she stated that Mr. Murray has converted her and she thinks we will see some great things come out of that development. The work session ended at 7:10 p.m. REGULAR CITY COUNCIL MEETING Agenda Item gl, Call To Order Mayor Rick Stacy called the Regular City Council meeting to order at 7:12 p.m. The City Council meeting was videotaped and tape recorded for future reference and hereby made a part of the record. Agenda Item #2-A, Executive Session Mayor Rick Stacy advised the audience that the City Council would be going into Executive Session pursuant to the Open Meetings Act, Chapter 551 of the Texas Government Code, Sections 551.071, 551.072, 551.073, 551.074, 551.076 to seek consultation with the City Attorney regarding pending and contemplated litigations, to deliberate the purchase, exchange, lease or sale of real property, negotiation of a contract for a prospective gift or donation to the City, to deliberate the appointments, and evaluation of public officials, to confer with one or more employees, to receive information from or to question the employees, and to deliberate the deployment of specific occasions for implementation of security personnel or devices. Councilmembers adjourned into executive session at 7:13 p.m. Council returned to open session at 7:50 p.m. Agenda Item #2-B, Action Necessary/Executive Session No action was taken as the result of the executive session. Regular City Council Meeting of October 5, 1999 Page 3 of 26 Agenda Item #3, Invocation The Invocation was given by associate pastor of the White Chapel United Methodist Church Norma Owen. Agenda Item g4-A, Mayor's Report Mayor Stacy presented an award to Steve Polasek and Teddi Zonker of the Community Services Department, noting the Award of Excellence was given to Southlake for the "Best Publication" category for the Southlake Scene. Ms. Zonker stated the award was given for the Parks and Recreation brochure that is published three times a year. She stated she came on board in 1997 and this is the second time Southlake won the award, adding she is proud to work on the brochure. Mayor Stacy presented the American Planning Association Certificate of Achievement for Planning Excellence award to the City of Southlake Interim Director of Planning Karen Gandy and Planners Chris Carpenter and Dennis Killough. Southlake has been honored with this award for the past several years. Mayor Stacy congratulated both the Planning Department and the Community Services departments for bringing these awards to the City of Southlake. Ms. Gandy thanked the Mayor and City Council for allowing the fimds for the training of the Planning staff and the Planning and Zoning Commission members. She also thanked the public for their participation in the planning process. Mayor Stacy recognized four Boy Scouts from Troop 360 who were present working on their merit badges. The boys introduced themselves and told the Council and audience why they liked living in Southlake. Mayor Stacy offered a Special Thank You to Captain Wayne Moffat, who earlier during this Council meeting, commandeered a Southlake fire track and took the entire City Council to the first ever Carroll Homecoming Parade, which was held in Town Square. The City Council rode on the fire truck like all Councils are suppose to do. It was fun for everyone, according to Stacy. Mayor Stacy announced the following: A city-wide SPIN Forum regarding the construction and alternate routes for SH 114, and to inform citizens about the construction schedule, traffic flow, and furore roadway design of State Highway 114 will be held Tuesday, November 9, 1999 at Johnson Elementary School auditorium. The Forum will begin at 7:00 p.m. Representatives from the Texas Department of Transportation and the City of Southlake will be featured speakers. The Friends of Open Arms Home Auxiliary (Southlake Women's Haven Auxiliary and Mid-Cities Supporters of the Shelter) invited the public to participate in the Northeast Tarrant County Candlelight Prayer Vigil on Sunday, October 10, 1999 from 7:00 to 8:00 p.m. in Southlake Town Square. Regular City Council Meeting of October 5, 1999 Page 4 of 26 Agenda Item #4-B, City Manager's Report Mayor Stacy announced that the City Manager Billy Campbell is very sick, therefore, Assistant City Manager Shana Yelverton made the announcements. Ms. Yelverton reported on the City of Southlake Blood Drive this year which was held on September 17. Between the City employees and members of the community there were forty-one people who donated blood, which was twice what was expected. So it was a great success. The other two items that were covered during the city manager's report were the status of the Traffic Management Bond Program (TMB) and the status of the SH 114 construction project. Director of Public Works Ron Harper and Deputy Director of Public Works Charlie Thomas gave those reports. Director of Public Works Run Harper gave an update on the Master Thoroughfare Plan, stating they had contacted the consultants working on the plan. The traffic consultants and the city are prepared to begin work on the traffic study and obtain the traffic flow information. By the end of this month staff will be able to hold the neighborhood spin meeting as promised and bring the Thoroughfare Plan amendment back to Council at the first meeting in November. Agenda Item #5, Consent Agenda Mayor Rick Stacy informed citizens of the procedure Council follows in voting on the "Consent Agenda" and asked if anyone had comments or opposition to express regarding any items listed in this section of the agenda. Mayor Stacy read the consent agenda items into the record, adding several items as determined by the City Council during the work session: 5-A. Approval of the minutes of the Regular City Council meeting held September 21, 1999. 5-B. Award of bid for underground utilities for Town Hall. 5-C. Award of bid for underslab utilities for Town Hall. 5-D. Authorize the Mayor to enter into an interlocal agreement with the City of Grapevine for library services. 5-E. Approval of proposed library interior layout. Ordinance No. 758, 1st Reading, Consolidation of the Public Works and Engineering departments. 5-0. Authorize the Mayor to enter into a professional service agreement with TranSystem Corporation for the engineering and design of the S-7 sanitary sewer extension. Regular City Council Meeting of October 5, 1999 Page 5 of 26 Authorize the Mayor to enter into a contract with Sprinkle & Sprout for irrigation work at Bicentennial Park. Authorize the Mayor to enter into an Agreement for Community Services with Lake Cities Community Band. Approval of Zoning Fees Hardship Policy. Authorize the Mayor to enter into an Agreement for Community Services with Keep Southlake Beautiful (KSB). Award of bid to Alphagraphics for printing of regular and special issue newsletters and authorization for staff to reject recreation catalog printing bids and to re-advertise for bid. Award of bid to Ten Star Productions for the video-taping of City Council and other public meetings. ZA 99-076, Preliminary Plat for Lots 1 & 2, Malik Estates Addition. Ordinance No. 480-317, 1st Reading, (ZA 99-057), Rezoning and Development Plan for Crown Ridge Addition. Ordinance No. 480-319, 1st Reading, (ZA 99-062), Rezoning on property legally described as Tracts 4, 4G2, 4G4, and 4J, situated in the J.J. Freshour Survey, Abstract No. 521 and being approximately 4.56 acres. ZA 99-063, Plat Showing of proposed Lots 6 and 7, J.J. Freshour No. 521 Addition. Ordinance No. 480-318, 1st Reading, (ZA 99-081), Rezoning on property legally described as a portion of Tract 2B situated in the James L. Chivers Survey, Abstract No. 348. ZA 98-126, Plat Vacation of Oak Knoll Lakeview Addition, as recorded in Volume 388-183, Page 40, P.R.T.C.T. ZA 98-127, Plat Vacation on Oak Knoll Business Park, as recorded in Volume 388-213, Page 53, P.R.T.C.T. ZA 98-128, Plat Vacation on the remainder of Oak Knoll Lakeview Addition, as recorded in Volume 388-W, Page 51, P.R.T.C.T. (save and except the remainder of Norcross Road). Regular City Council Meeting of October 5, 1999 Page 6 of 26 ~- 9-A. Resolution No. 99-73, Appointment to the Library Board to fill the unexpired term. 9-B. Resolution No. 99-50, Appointments to the Metroport Teen Court Advisory Board to fill expired terms. 10-B. Selection of Traffic Management Bond steering conunittee. 10-C. Request for a variance to Subdivision Ordinance No. 483-G, Section 4.01 (I) 2 (Plat Expiration) extending the validity of Case No. ZA 96-153, Final Plat of Southlake Woods, Phase I, 11.737 acres in the T.S. Thompson Survey, Abstract No. 1502. 10-D. Request for a variance to Subdivision Ordinance No. 483-G, Section 4.01 (I) 2 (Plat Expiration) extending the validity of Case No. 97-10, Final Plat of Southlake Woods, Phase II, 46.073 acres in the T.S. Thompson Survey, Abstract No. 1502. Motion was made to approve the consent agenda as follows: g5-A, g5-B, g5-c, g5-D noting that payments are to be based on library usage per household; g5~E with the addition of adult seating in the children's section; g5-F, g5-G, g5-H, g5-1, g5-J changing the term "zoning fees" to "development related fees;" g5-K, g5-L rejecting all bids and instruct staff to readvertise for bids; g5-M, g8-A recommending approval of ZA 99-076 being the Preliminary Plat for Malik Estate Addition, subject to Plat Review Summary No 1, dated 9-3-99, amending Item gl(A) to allow Lot 1 only to have access to Randol Mill and amending Item gl (b) to allow a second option (if Gifford Court cannot be combined with Enterprise Place/Dream Maker Lane) as follows: requiring that the Cadys, Manesses and Maliks enter into a binding agreement to dedicate the land within the Gifford Court easement, pay their appropriate share of the construction cost and participate in the construction of the road on or before the issuance of any building permit for either Lot 2, Malik Estates Addition or on either the Maness' or Cady's properties (the property owners of record of the property in question) and that a copy of this executed agreement be provided the City prior to issuance of a building permit for Lot 1, Malik Estates Addition; g8-B, tabling at the request of the applicant; g8-c, g8-D subject to the Review Summary No. 3, dated 9-3-99 and subject to the recommendation of the Planning and Zoning Commission; g8-E, g8-F, #8-G, g8-H, g9-A, appointing Karen Cienki to fill the two-year unexpired term of Place 6 on the Library Board; g9-B appointing Patsy DuPre and Denise Burkhart to the Teen Court Advisory Board; gl0-B, steering committee will be composed of Ronnie Kendall, Patsy DuPre, Pattie Minder, Mary Georgia, Jan Francis, F.C. LeVrier, and Cara White; gl0-C, and gl0-D. Motion: Second: Ayes: Nays: Approved: Kendall Fawks Kendall, Fawks, Moffat, DuPre, Edmondson, Potter, and Stacy None 7-0 vote Regular City Council Meeting of October 5, 1999 Page 7 of 26 ADDITIONAL INFORMATION REGARDING CONSENT AGENDA ITEMS 5-A. Approval of the Minutes of the September 21, 1999. The minutes of the meeting were approved. Award of bid for underground utilities for Town Hall. Bids for underground utilities (sewer, water, storm drains) were opened on September 22, 1999. Two companies submitted bids and the low bidder was Wright Construction with a bid o f $118,092. The construction manager's estimate for this project was $129,400. Funds for this will be paid out of future TIF bonds and are currently available in the CIP fired. Award of bid for underslab utilities for Town Hall. Bids for underslab utilities within the building area (water, sewer) were opened on September 22, 1999. Two companies submitted bids. The low bidder was MI1NC with a bid of $51,328.00. The estimate provided by the Construction Manager for this item of work was $53,705. Funds for this will be paid out of future T1F bonds and are currently available in the CIP fund. Authorize the Mayor to enter into an interlocal agreement with the City of Grapevine for library services. The proposed agreement contains the same conditions as the previous agreement. The term of the proposed agreement is for one year, however, it does provide for automatic renewal for additional one-year terms unless either party gives thirty days written notice of their intent to terminate the agreement. The renewal allows for flexibility with respect to the opening date of the Southlake Public Library. Funding in the amount of $80,000 has been allocated in the fiscal year 1999-00 budget for the annual contract. It was noted in the motion that the payment is based on library usage per household. Approval of the proposed library interior layout. The proposed library encompasses approximately 10,500 s.f. of public space on the lower floor of the Town Hall building and 2,500 s.f. of staff space on the third floor. The public library space will include a children's area, young adult section, adult section, periodicals section, reference area, new materials display, and audio/video section. The proposed plan also provides for two study rooms, a small conference/study room, study corrals, comfortable reading chairs, work tables, a children's storytime stage, check-point security system, cimulation, children's and reference desks, staff area, children's restrooms, and shelving for up to a 50,000 volume collection. The proposed layout also assumes the shared use of the mailroom, reproduction center, break room, kitchen, and meeting rooms. The motion reflected the addition of adult seating in the children's section. Funding for this project is included in the Town Hall construction budget and financed as part of the public facility and infrastructure improvements in Tax Increment Reinvestment Zone #1. Regular City Council Meeting of October 5, 1999 Page 8 of 26 Ordinance No. 758, 1st Reading, Consolidation of the Public Works and Engineering Services departments. On April 20, 1999, City Council approved the creation of the Engineering Services Department. Since that time, the organizational structure of the public works and engineering departments have been re-evaluated by the city manager and Ron Harper. Organizational refinements have taken place, such as the creation of the position of public works operations manager and city engineer, that have made operations more efficient and accountable and has re-established the need for a single director to deal with the coordination of these functions. Since early July, public works and engineering have been managed as one and this ordinance will formalize the existing conditions. Authorize the Mayor to enter into a professional services agreement with TranSystems Corporation for the engineering and design of the S-7 sanitary sewer extension. The CISD voters approved several bond projects in January 1999. Two projects in particular are the construction of a transportation center and stadium. These projects will be located on a 42-acre site south of Crooked Lane and east of the proposed S. Kimball Boulevard. Based upon coordination meetings that have been held with CISD staff, the construction of these two projects will begin by June 2000. There currently is not sanitary sewer that serves the site. The proposed S-7 sewer extension, once constructed, will serve the CISD site as well as eliminate a lift station at the Heritage Business Park and a wastewater treatment "package plant" at the end of Bank Place. A portion of the S-7 sanitary sewer line has been constructed with developer participation and is in service. A second portion has been designed and the City is in the process of obtaining the necessary utility easements required to construct it. TranSystems Corporation designed the second portion. The proposal is for the design and completion of the remainder of the S-7 sanitary sewer line. The S-7 extension is scheduled in the FY 98-99 CIP budget. The amount of this proposal totals $64,470. The City estimated and budgeted $75,000 to engineer and design this S- 7 sanitary sewer extension. The estimated opinion of probable cost is $600,000 to construct this portion of the S~7 sanitary sewer line. Authorize the Mayor to enter into a contract with Sprinkle and Sprout for irrigation work at Bicentennial Park, Phase II. The projects related to Bicentennial Park, Phase II are completed or progressing towards completion: · Bid Package #1 Earthwork, utilities, vehicular paving · Bid Package #2 Court construction · Bid Package #2a Court lighting · Bid Package #3 Tennis facility, restroom and storage building (processing towards completion in fall of 1999). Landscaping and irrigation are in the final construction components for Bicentennial Park, Phase II. With the conceptual design for landscaping and irrigation completed, and the progress on Bid Package #3 nearing completion, Regular City Council Meeting of October 5, 1999 Page 9 of 26 staff sought authorization to bid this project from SPDC at the August 23, 1999 meeting. Sprinkle and Sprout provided the low bid in the amount of $44,376. The SPDC FY 1998-99 Capital Projects Budget allocated $70,000 for landscaping and irrigation for Bicentennial Park, Phase III, minor expenditures of erosion control blankets, irrigation conduit, and irrigation equipment rental totaling $799.60. Authorization to enter into a contract with Sprinkle and Sprout for the irrigation improvements will leave a balance of $24,824.40 for landscape improvements. Authorize the Mayor to enter in an agreement for Community Services with Lake Cities Community Band. Lake Cities Community Band first received funding from the City in 1995. Their request for financial support stemmed from the increasing size of the band, as well as the growing number of area performances. Initially, the band received $1,000 which was consistent with the City supplementing twenty (20%) percent of their operating costs. Costs including the purchase of music, equipment, postage, and administration. The proposed service agreement calls for $5,000 to be paid to the Lake Cities Community Band for a minimum of eleven (11) public concerts. This is an increase of $1,000 from the previous fiscal year. The approved FY 1999-00 Community Services division budget has $83,500 allocated for community services. Zoning Fee Hardship Policy. In previous years, the City has chosen not to waive any zoning fees regardless of the circumstances, however, a citizen has requested a waiver of zoning fees due to a limited income and the citizen can not afford the zoning fees. This would be a perfect opportunity for the City to adopt a formal policy to waive or reduce zoning fees for individuals with household income levels below the federal poverty guidelines. The City Council voted to change the wording in the policy from "Zoning Fees" to "Development Related Fees." Authorize the Mayor to enter into an agreement for Community Services with Keep Southlake Beautiful (KSB). Keep Southlake Beautiful is a non-profit, community-based organization that first entered into an agreement with the City of Southlake in 1994. KSB currently provides many services to the community including educational programs, environmental awareness, and the implementation of the adopt-a-street program for Southlake city streets and right- of-ways. The proposed service agreement calls for $4,500 to be paid to KSB for services rendered to the community. The request for funding for FY 1999-00 remains the same as the previous year with one addition to the services provided. The approved FY 1999-00 Community Services division budget has $83,500 allocated for community services. Award of bid for printing of newsletter and rejection of bid for recreation catalog printing. The only qualifying bid came from Alphagraphics in Southlake. The bid for newsletter printing is $14,661, which is below budget. Alternative bids were received for full four-color printing of the newsletter, but the higher cost Regular City Council Meeting of October 5, 1999 Page 10 of 26 would exceed budget figures by about $2,000 and so is not being recommended at this time. Council authorized the rejection of all bids, directing staff to re- advertise for bids. Award of bid for video-taping services. All regular and special meetings of the City Council and the Planning and Zoning Commission are video-taped for broadcast on the city's government access cable television channel. Also, special meetings and events are taped and broadcast as needed. Ten Star Productions of Southake has performed the video taping services since fall 1995, coming in at that time as the low-bidder ($200 per meeting base rate). The city advertised with a bid opening on September 15. Three qualifying bids were received with Ten Star the low bidder. The bid is for a 12-month contract with the option to renew for another 12 months. The FY 99-00 budget for Community Services includes $30,000 for professional services. During the work session, City Council agreed that for any meeting other than regular City Council and Planning and Zoning meetings, they would like to have input on whether it should be video taped. ZA 99-076, Preliminary Plat for Lots 1 & 2, Malik Estates Addition on property legally described as being Tracts 1A1A2B and 1A1A2C situated in the Ben J. Foster Survey, Abstract No. 519, and being approximately 4.279 acres. Current zoning on this property is "SF-1A" Single Family Residential District. Owners and Applicants; Parvez and Seema Malik. See the motion for conditions of approval. Ordinance No. 480-317, ]st Reading, (ZA 99-057), Rezoning and Development Plan for Crown Ridge Addition. The property is described as Tracts 8, 9 and 18 and 19 situated in the R.D. Price Survey, Abstract No. 992, and being approximately 63.43 acres. Current zoning is "AG" Agricultural District with a requested zoning of "R-PUD" Residential Planned Unit Development District. Applicant: Huitt-Zollars. Owner: Southlake/Solana Ltd. This item was tabled at the request of the applicant. Ordinance No. 480-319, Ist Reading, (ZA 99-062), Rezoning on property legally described a Tracts 4, 4G2, 4G4, and 4d,, situated in the J.J. Freshour Survey, Abstract No. 521. Current zoning is "AG" Agricultural District with a request for "SF-1B" Single Family Residential District. Applicant: Jerry Small. Owner: Lee K. Huntley. ZA 99-062, Plat Showing of proposed Lots 6 and 7, J.d. Freshour No. 521 Addition. The proposed property is legally described as Tracts 4, 4G2, 4G4, and 4J situated in the J.J. Freshour Survey, Abstract No. 521. Current zoning is "AG" Agricultural District. Applicant: Jerry Small. Owner: Lee K. Huntley. Ordinance No. 480-318, Ist Reading, (ZA 99-081), Rezoning on property legally described as a portion of Tract 2B situated in the James L. Chivers Survey, Abstract No. 348 and being approximately .014 acres. Current zoning is "AG" Regular City Council Meeting of October 5, 1999 Page 11 of 26 8-0. 9-13. IO-B. Agricultural District with a requested zoning of "SF-1A" Single Family Residential District. Applicant: Four Peaks Development. Owner: Warren Clark Development. ZA 98-126, Plat Vacation of Oak Knoll Lakeview Addition, as recorded in Volume 388-183, Page 40, P.R.T.C.T. This Plat Vacation is associated with the Gateway Plaza development and is necessary in order to vacate the rights-of-way and easements that had been dedicated by the Oak Knoll Lakeview Addition plat. ZA 98-127, Plat Vacation of Oak Knoll Business Park, as recorded in Volume 388-213, Page 53, PR.T.C.T. This Plat Vacation is associated with the Gateway Plaza development and is necessary in order to vacate the rights-of-way and easements that had been dedicated by the Oak Knoll Business Park plat. ZA 98-128, Plat Vacation of the remainder of Oak Knoll Lakeview Addition, as recorded in Volume 388-W,, Page 51 P.R.T.C.T. This Plat Vacation is associated with the Gateway Plaza Development and is necessary in order to vacate the rights-of-way and easements that had been dedicated by the Oak Knoll Lakeview Addition plat. Resolution No. 99-73, Appointment to the Library Board to fill an unexpired term. On October 20, 1998 the City Council approved Ordinance No. 716, establishing the Library Board to act as an advisory board to the City Council relating to all nature of library facility planning and programming. The board consists of seven citizens who serve two-year terms with three members appointed each odd- numbered years and four members appointed each even numbered years. Place 6 member, Cynda Mast, recently submitted her resignation, stating personal reasons for her withdrawal, thus creating a vacancy. Place 6 term expires December 2000. City Council appointed Karen Cienki to fill that position. Resolution No. 99-50, Appointments to the Metroport Teen Court Advisory Board to fill expired terms. Teen Court is a volunteer program that allows juvenile misdemeanor offenders an alternative to the criminal justice system and an opportunity to assume responsibility for their own actions. The Teen Court Advisory Board is comprised of twelve (12) members: two members appointed by each City; two members appointed by the superintendent of the CISD and two members of the GCISD. Currently terms held by Southlake council representative and a citizen-at-large appointee expired in May 1999. Council appointed Patsy DuPre for the Council representative and Denise Burkhart as the Southlake citizen-at-large member. Appointment of a Traffic Management Board Steering Committee. During the final interviews for the consultant for this program two councilmembers participated in the selection process (Councilmembers Kendall and DuPre). They requested that they and other citizens be allowed to continue their participation in this project through the formation of a Steering Committee. In addition to the two Regular City Council Meeting of October 5, 1999 Page 12 of 26 Councilmembers, three SPIN representatives and one citizen have expressed an interest in participating. Council voted to select the following members to the Steering Committee: Councilmembers Rounie Kendall and Patsy DuPre; SPIN Representatives: Pattie Minder, Mary Georgia, Jan Francis and Cara White; Citizen: F.C. LeVrier. 10-C. Request for a variance to the Subdivision Ordinance No. 483-G, extending the validity of Case ZA 97-10, Final Plat of Southlake Woods, Phase 2 consisting of 46.073 acres in the ZS. Thompson Survey, Abstract No. 1502. Council voted to extend the plat as discussed during the work session. 10-D. Request for a variance to the Subdivision Ordinance No. 483-G, extending the validity of Case 96-153, Final Plat of Southlake Woods, Phase I, consisting of 11.737 acres in the T.S. Thompson Survey, Abstract No. 1502. Council voted to extend the plat as discussed during the work session. Agenda Item #6, Public Forum Ken Head, 501 Clayton Court, Southlake. Mr. Head stated he would hopefully get the City Council support on the reconsideration of Northwood Trail. He read a petition with signatures of 49 out of 53 of the residents in the Northwood Park area. He stated their concern is the proposed through-road from Northwood Park to F.M. 1709. He stated last August this issue came forward at the Planning and Zoning Commission whereby letters were sent to residents within 200' and at the time there were no residents within 200'. Over the last year all of the homes have been built. He stated the residents feel this will be another cut-through onto F.M. 1709. To avoid the school zone, people will follow this path to get onto Byron Nelson Parkway from F.M. 1709. He read the petition to the Councilmembers and audience, which expressed their concern is for the safety of the children in the area. He asked to have this issue re-addressed by the City Council. Mayor Stacy responded that because there were a lot of people present for this issue, the goal of the Council would be to put this item on a future agenda for discussion. He stated this is all that can be accomplished at this meeting. Comments from the audience stated this issue was brought to a head by a sign that recently went up in the neighborhood that said, "Future Through Street." Mayor Stacy informed the audience that this transaction happened before any of the current Councilmembers were elected to Council. It is an issue that was voted upon much earlier. When Council gets the informational packet they will be able to review the information prior to this issue being placed on the council agenda. Councilmember Kendall asked to have this item on a future agenda. Councilmember Edmondson asked staff to put together an informational packet regarding this issue. Daniel Brady, 603 Northwood Trail, Southlake. Mr. Brady asked if the citizens could get a copy of the informational packet when City staff prepares it. He stated that another concern residents have is with the heavy congestion going up F.M. 1709 and everyone Regular City Council Meeting of October 5, 1999 Page 13 of 26 trying to get to SH 114. Not only is this a cut-through during rush hour when all the kids are getting on the buses, but there is a tremendous amount of traffic on Byron Nelson Parkway trying to get to Brumlow Avenue to try and cut-through to bypass SH 114 traffic congestion. The natural flow will be going through Northwood Trail if the road is allowed to be built. Vicki Niblo, 400 Parkwood Court, Southlake. Ms. Niblo stated her house is on the comer of Parkwood Court and Northwood Trail, and that her house is for sale and this issue is scaring people away. Jim Correl 507 Northwood Trail, Southlake. Mr. Correl stated when he first came here in May, people were cautious about driving slow, and now the City is planning on putting this road in and will be expanding the risk factor. Mr. Correl commented, "The City is fortunate that we have police officers and enforce the speed zone and there are citations that are given out almost daily. By increasing the risk factor, by adding the street, it is not worth risking the safety of our children. There are 89 children in their community, with 79 under twelve years old." Ray Semadeni, 501 Northwood Trail, Southlake. Mr. Semadeni stated they were new to Southlake and have only lived here about three months and they love the city. They are very disturbed about what could happen with this road. When he came home today on F.M. 1709, he was at the stop light at Byron Nelson Parkway and saw three or four cars trying to make the short cut through the Village at Timarron. He stated he knows that is what will happen with the road coming that way. The thought of a street coming through there scares them a lot. He asked Council, "If this were happening in your neighborhood what would you do?" He stated they want this on an agenda and want the City Council to find an alternate road. Mayor Stacy stated, "When the property was first purchased, it was purchased for a city hall to be located on that property and there were some contractual obligations regarding this road. Since the city hall is not going to be built there, there may be some alternate ways to deal with this proposed through-roadway. It is working fine for the use by the senior center and [the city] may not need a road there if we are not obligated to put the road there. I know in the developer agreement, the developer of the office buildings, is actually building the road at his expense." Mayor Stacy read into the record the names of those that signed up opposing this item but did not wish to speak. Roger Ochs, 606 Northwood Court, Southlake. Rebecca Petty, 613 Northwood Trail, Southlake. Michael Manila, 614 Northwood Trail, Southlake. Marcy Gilliland, 503 Northwood Trail, Southlake. Beth Sernadeni, 501 Northwood Trail, Southlake. Michael Press, 500 Northwood Trail, Southlake. Amy Ochs, 606 Northwood Court, Southlake. Regular City Council Meeting of October 5, 1999 Page 14 of 26 Kim Zabor, 618 Northwood Trail, Southlake. Melanie Horston, 500 Everwood Court, Southlake. Dale and Marsha Kluesing, 503 Everwood Court, Southlake. Alex and Jennifer Petrovich, 611 Northwood Trail, Southlake. Mary Obregon, 605 Parkwood Drive, Southlake. Andrew Tkac, 404 Parkwood Court, Southlake. Roger Sampson, 408 Parkwood Court, Southlake. Mine and Dennis Stanyah, 405 Parkwood Court, Southlake. Leigh Andrews, 406 Parkwood Court, Southlake. Mark Niblo, 400 Parkwood Court, Southake. Klm and Randy l~Volf, 601 Parkwood Drive, Southlake. Robert and Ughetta Miller, 502 Northwood Trail, Southlake. Mustafa Husain, 505 Northwood Trail, Southlake. Beth Asher, 410 Parkwood Court, Southlake. Amy Ezell, 514 Northwood Trail, Southlake. Agenda Item #7-A, ZA 99-030, Site Plan for the Children's Courtyard ZA 99-030, Site Plan for The Children's Courtyard, on property legally described as Lot 2R, Block 60, Timarron Addition, Phase 5, an addition to the City of Southlake, Tarrant County, Texas, according to the plat recorded in Cabinet A, Slide 4395, Plat Records, Tarrant County, Texas, and being approximately 2.687 acres. Owner: Realtex Ventures, Inc. Applicant: David Fisher Architects. Current zoning is "R-PUD" Residential Planned Unit Development District, being P.U.D. No. 1, Timarron, and permitting "C-2" Local Retail Commercial District uses. Continuation of the publie hearing. Senior Planner Chris Carpenter stated five (5) notices were sent to property owners within the 200' notification area and five (5) petitions with one hundred six (106) signatures were received on July 22, 1999 opposing this site plan. The petitions are a part of the record. An additional twenty-four (24) letters were received from outside the 200' notification area. Copies of the letters of opposition are a part of the zoning record. Ninety-five (95) form letters, "Opposed to the Children's Courtyard daycare facility being built in Timarron on Byron Nelson Parkway," because of traffic issues, traffic circulation around Rockenbaugh Elementary School, neighborhood impact, and the size of the facility were received. An additional twelve (12) copies of the same letter were received with additional comments added. On July 8, 1999 the Planning and Zoning Commission approved (7-0 vote) the applicant's request to table and to continue the public hearing to the July 22, 1999, Planning and Zoning Commission meeting. On July 22, 1999, the Planning and Zoning Commission approved to table (6-0 vote) and to continue the public heating to the September 9, 1999 Planning and Zoning Commission meeting. On September 9, 1999, the Planning and Zoning Commission voted to deny this case 6-1 vote. During the September 21, 1999 City Council meeting, a motion was made and approved (6-0 vote) on consent agenda to table and to continue the public hearing on October 5, 1999 City Council meeting. Regular City Council Meeting of October 5, 1999 Page 15 of 26 Barry Knight, attorney, 5400 Renaissance Tower, Dallas, representing Children's Courtyard. Mr. Knight stated, "As was stated the zoning on this property is R-PUD, Residential Planned Unit Development. This particular site permits "C-2" Local Retail Commercial District uses. And what is being proposed on this site is Children's Courtyard day care facility, which is permitted under that zoning. This is a site plan request and this is not a zoning case. What has actually been approved on this site previously is 30,000 s.f. of retail, office, restaurant type uses. What we are proposing is a 20,000 s.f. building for a day care facility which has approximately 32% impervious coverage as opposed to the 90% proposed under the existing development plan. We believe this use which is permitted is a very good transitional use between the elementary school and the balance of the commercial development." He presented a map that showed the transitional use to the Children's Courtyard and the flow that occurs. He stated, "I was not involved with this case at the Planning and Zoning Commission level but I reviewed the minutes of the Planning and Zoning Commission meeting. There have been issues raised concerning traffic for this proposed development. The traffic of this proposed development is one-half of that that would be allowed and was being proposed under the currently approved site plan for the project." "This proposal is actually a large reduction of that proposed for this site." Mr. Knight stated, "After the discussion at the P & Z meeting, there was a motion to deny this site plan and the reason given was the three variances requested. The requested variances were the reasons indicated in the minutes of the P & Z meeting for the denial. Mr. Knight said, "What we have done is gone back and eliminated two of the three variances." He explained the three variances that were proposed. Two out of three variances have been eliminated. The third variance pointed out was landscaping along the landscape buffer. When Council approved the site plan for Phase I and Phase II of the development, they granted a variance that eliminated all the bufferyards on the south side of the development, which would provide circulation through this property. Much of this area is already in. There is concrete on the ground. The Children's Courtyard is on a separate site and the regulations provide that if they did a land lease, they would not have to require a variance. The City has already granted a variance for Phase I and II so it does not make sense to not grant a variance. They will do what they can to eliminate that variance, as they will do what they can to get this case approved. Mr. Knight stated his client has worked hard with the City staff, going through designing this case, going through two or three cycles before it ever went to the P &Z and staff has reviewed this and it is in compliance and they urge Council to approve the site plan. Mr. Knight stated, "I know there is a lot of emotion on this case, and the emotion basically revolves around traffic issues but I suggest you really look closely and listen about what is said about the traffic situation and the analysis about the Children's Courtyard having 24 locations in the Metroplex and they have not created one traffic problem. The traffic patterns are different, it just isn't a traffic problem." David Fisher (architect) and Tom Simmerly (traffic consultant) are present to answer questions. Regular City Council Meeting of October 5, 1999 Page 16 of 26 Jim Mills, President of Children's Courtyard, Inc. Mr. Mills stated he operated twenty- four child care centers in the DFW Metroplex The centers are high quality child care centers with staff/child ratios lower than those mandated by the state. The teachers are all degreed child care professionals. He stated centers are built on large tracts of land, larger than the competitors. The property is less than three acres with outdoor area to allow the children much time to play outdoors. The buildings have indoor playgrounds and other amenities that result with approximately 80 s.f. per child. The State requires 30 s.f. per child. This particular center is a two-stow building, just over 20,000 s.f. The center is designed for 268 children, and of those 268 children, 142 are infants, toddlers and pre school and they will be on the first floor. The second floor will be 126 children of school age only, as the Fire Marshal will not allow young children to be on the second floor. In the other facilities, this would be located in two buildings but the Timarron architectural control committee felt that with the commercial center to the north and the elementary school, they felt it should be a two story facility. It is built that way to accommodate the request of the Timarron committee. Mr. Mills stated they operate at 83% occupancy at the centers, approximately 30-35% of the children are brothers and sisters, so that would indicate that in the morning an additional 85 cars would be coming to this site and another 32 cars would be bringing school age children in the morning. Mr. Mills stated it was already discussed that the property across the street was intended to be city hall, so the roadway was built to accommodate city hall as well as the commercial. This street has capacity more than any other street in Southlake. Mr. Mills stated Rex Potter was on the Planning and Zoning Commission three years ago when they brought a case next to the high school. At the time traffic was the issue and they were asked to take it off of F.M. 1709. Now they are off F.M. 1709 at a lighted intersection, on the street in Southlake with the most capacity, and the argument is you cannot have it here, it needs to be back on F.M. 1709. He stated he feels that putting this back on F.M. 1709 is not the right thing to do. There is a demand for high quality child care in Southlake. Mr. Mills stated, "There is no other argument but traffic and safety, It is a compatible use so where can we put it. It looks like a two story house, and they request that Council grant the site plan." Councilmember Edmondson stated she was on the P & Z when the project came forward next to the high school. She asked what size facility did they propose at that time. Mr. Mills stated it was their typical two building facility, for 302 children with 20,000 s.f. of building space on just over 3 acres. Councilmember Rex Potter stated the reason for denial fi.om P & Z three years ago was not just because of traffic issues. He stated there were driveway cut issues, neighborhood adjacency issues and traffic issues, not just the traffic issues on F.M. 1709. There were many more issues. PUBLIC HEARING: Karen Burchfield, 112 San Jacinto Court, Southlake. Left the meeting and did not speak however, she stated she is in support of this item. Regular City Council Meeting of October 5, 1999 Page 17 of 26 Stacey Larkin, 804 Saxon Trail, Southlake. Ms. Larkin stated she lives in Timarron in the addition next to Rockenbaugh Elementary School. She is not opposed to the building because we need child care facilities. She is opposed to the traffic problems and the light at Byron Nelson Parkway at F.M. 1709. She feels there will be more cars at the light if this facility goes in. She wants the traffic light adjusted. Mayor Stacy stated a lot of people on the Council are trying to get "yield" on green light at that intersection and the other left turn signals. He stated we are trying to get that approved by the State. Councilmember Edmondson stated this has been approved by the State and it is her understanding that it should be up and working by the middle of October, 1999. Kent Stone, 808 Saxon Trail, Southlake. Mr. Stone stated he is in support of the Children's Courtyard. He stated he currently drives kids thirty minutes to Grapevine each way everyday. He is concerned about the traffic too. The traffic in Grapevine is not bad. The traffic is something we need to work with to get the traffic issues resolved because we need quality childcare in Southlake. Wayne Klocke, 727 Saxon Trail, Southlake. Mr. Klocke stated he is in opposition to the Children's Courtyard. This is not a business venture to him, this business depends upon profit. What he is asking for is support for the quality of life in Southlake. During inclement weather it is not unusual to sit at the stop sign for along time. Carolyn Morris, 403 St. Charles Court, Southlake. Ms. Morris stated she is in opposition to this development. It is not against the Courtyard, it is against the location. Rockenbaugh has already caused an impact with traffic. There is a lot of neighborhood involvement in the school and the concentration of children in one small area is too much. She referenced left tums into the school and the buses at peak hours. With the size of the facility, they could have 660 children at the location. She noted she feels a priority would be given to the children who live in Timarron addition. What about accessibility to handicapped children on the second level? David Pansing, 720 Saxon Trail, Southlake. Mr. Pansing stated he is in support, stating he feels a child having secondary day care on adjacent property is a good thing. He stated he has never felt there was too much traffic on Byron Nelson Parkway. An issue is design of the traffic at the elementary school. Cynthia Talbert, 800 Westwood Drive, Southlake. Ms. Talbert stated she has been asked to read a letter from Linda Warner who was not able to be present tonight. She expressed opposition. She had questions for Mr. Miller. Stephanie Zweben, 601 Northwood Court, Southlake. Ms. Zweben stated she is in favor of the Children's Courtyard. She stated her children went to the Grapevine Courtyard. She stated most businesses offer flexible work schedules therefore, the traffic would not Regular City Council Meeting of October 5, 1999 Page 18 of 26 be impacted at the same time. She stated she feels "we are doing much a do about nothing." She stated we need quality day care in Southlake, and we need more options to be effective to the work force. We are being short sighted to send them back to the community. She expressed that she is in favor of this project. Mayor Stacy asked Ms. Zweben to comment on the "flyer" that went out to homeowners in the area. She stated she has not seen it. Lisa Hassien, 725 Greymoor Place, $outhlake. Ms. Hassien stated her concern is access to this particular parcel of property. She asked if the facility could be smaller. She stated she feels this is a location issue. Mike Mitchell, 2925 Harbor Refuge, Southlake. Mr. Mitchell stated he is in favor of the facility. He stated he has lived in Southlake for twelve years. He has used two-day care facilities in Southlake and is now using the Courtyard in Grapevine. He stated regarding the accreditation issue, it is like a consumer report. They are rated the best day care in the area. Mr. Mitchell stated regarding the traffic, that he watched the traffic in the Grapevine Courtyard, and they have the same issues as this site, with some residential next to commercial. He stated he is in favor of this request. Frank Fisher, 725 Bryson Way, Southlake. Mr. Fisher stated the safety of the children is his issue. Lauren Olson, 609 Northwood Trail, Southlake. Ms. Olson stated her main concern is access and location, not the quality or the need. Traffic is always an issue there on Byron Nelson Parkway. Lynn Luhmann, 718 Saxon Trail, Southlake. Ms. Luhmann stated she is in support of this facility. She would like for her children to be able to leave school and have secondary day care next door. Dan Brady, 603 Northwood Drive, $outhlake. Mr. Brady is in opposition but did not speak. Mayor Stacy read the following names into the record, as those that are opposed but did not care to speak during the meeting: Lauren Olson, 609 Northwood Trail, Southlake. Edgar Alvarez, 705 Greyrnoor Place, Southlake. Vicki Niblo, 400 Parkwood Court, Southlake. Lynn Fisher, 725 Bryson Way, Southlake. Richard Dewey, 702 Bryson Way, Southlake. Vicki Jenest, 620 Candon Court, Southlake. Ed Jenest, 620 Candon Court, Southlake. Phil and Laura Chelf, 701 Bryson Way, Southlake. Edudrdo Valdes, 707 Greymoor Place, Southlake. Regular City Council Meeting of October 5, 1999 Page 19 of 26 Marsha Kluesing, 503 Everwood Court, Southlake. Beth Semadeni, 501 Northwood Trail, Southlake. Ray Semadeni, 501 Northwood Trail, Southlake. Council adjourned for recess at 10:00 p.m. Council returned to open session at 10:17 p.m. Tom Seminoli, 400 South Houston Street, Dallas. Mr. Seminoli stated he is the traffic engineer working on this project. Councilmember Gary Fawks asked for a brief presentation on the results of the traffic study. He stated he wanted Mr. Seminoli to address the time the study was made. Mr. Seminoli stated he is aware a comment was made that the traffic study was not made when school was in session. The traffic counts that were used for the study were taken while school was in session. The city staff provided them to him from a previous report that was done in the area. The actual study was done during the month of July, and school was out when they turned in the report. Mr. Seminoli stated he thinks the counts were taken during May, 1999 hut he is not sure. Councilmember Ronnie Kendall asked Mr. Seminoli how it is going to work when the buses take the children to Rockenbaugh and drop them off at 7:45 a.m. and they leave and go back and pick up the older kids for intermediate and junior high school and high school and they will be coming out of the school exit for buses at the same time that parents will be making the u-tum. Mr. Seminoli stated their intention would be is for parents not to be making that u-mm, and one of their recommendations in the study would be to put a no u-turn sign at the intersection. He explained how the traffic does approach the day care center and the accumulation times. Barry Knight addressed the issues by making several points: · The City controls u-tums in the City. · Access into the site- the City controls this issue. · Is there a profit motive with the day care facility, we hope so, and we want quality. His client has the legal right to build on this property. They have zoning and they are requesting approval. Public hearing closed. Councilmember Gary Fawks stated, "Rick, you have often said that nothing impacts traffic like a school and nothing has a bigger impact on a neighborhood than the roads and circulation in the school. We have not been able to pick and choose where the schools are going to go, and we have all expressed frustration over time. It appears to me that this is going to conflict traffic wise with the school, time wise, the trips, the tums and although we cannot choose where the schools go, we can have an impact here and I think we would be remiss if we did not consider that." Hearing no motion to approve, motion was made to deny ZA 99-030. Regular City Council Meeting of October 5, 1999 Page 20 of 26 Motion: Fawks Second: Edmondson Mayor Stacy commented that he has said that many times and he still believes that, but I also have said, "Wouldn't it be nice if all the schools were together somewhere so that it wouldn't screw up traffic all over town if they had one big giant campus together. I do think it is absolutely appropriate to have this type Children's Courtyard next to a school. I don't like the accessibility of this property no matter what goes on this property. I don't know what we are going to do to fix what our predecessors approved with Byron Nelson Parkway, because it is bad, but I believe the Children's Courtyard is needed somewhere in that area." He stated he has been trying to find a location on the map where the accessibility would be better on the other side of the road. Or it may be better on the Baker property to the east. Stacy stated, "Earlier tonight we had a lot of people worried about the property on the other side of the road that the city owns. Perhaps where the office buildings are planned would be a good location for this Children's Courtyard, and they could have accessibility off of F.M. 1709. Also have accessibility from the back and u-out and not have a through road and that might solve another problem. I feel that somewhere in that area would be real good, but I don't know how to fix this particular site." Councilmember Fawks stated the point is well made, but the access problems on this site look bad. The traffic is not going to flow well. Barry Knight stated, "I just want to understand for the record whether your legal counsel believes we have a legal right to this use at this location because it is important." Mayor Stacy stated Mr. Knight will need to ask our legal counsel. City Attorney Wayne Olson stated that he has already given Council his opinion on what rights the city has with this. "I think we need to get down to business." Ayes; Nays: Approved: DuPre, Edmondson, Potter, Fawks, Kendall, Moffat, and Stacy. None 7-0 vote to deny. Agenda Item #7-B, ZA 99-085, Site Plan for Myan Plaza Office Building ZA 99-085, Site Plan for Myan Plaza Office Building, on property legally described as Lot 3, Block 3, Cornerstone Business Park, an addition to the City of Southlake, Tarrant County, Texas, according to the plat recorded in Cabinet A, Slide 4010, Plat Records, Tarrant County, Texas, and being approximately 1.57 acres. Current zoning is "O-1" Office District. Owner and Applicant: Myan Plaza, L.P. Senior Planner Chris Carpenter stated five (5) notices were sent to property owners within the 200' notification area and five (5) responses were received from: Jack Lovette, Southlake Cornerstone Business Park, 13154 Coit Road, Ste. 102, Dallas, in favor: E.C. Regular City Council Meeting of October 5, 1999 Page 21 of 26 White, P.O. Box 465, Whiteface, Texas, in favor; Ken and Jennifer Shafer, 2449 Crooked Lane, oppose& Darlene Stuempler, 700 Whispering Woods Circle, undecide& Pamela Morrison, 710 Whispering Woods Circle, undecided. Mr. Carpenter stated on September 23, 1999, the Planning and Zoning Commission approved this case (7-0 vote) subject to the Site Plan review Summary No. 2, dated September 17, 1999, acknowledging the applicant's commitment to address and abide by concerns stated in the Shafer's letter (ie: dumpster relocation to the southeast, glass type in rear of building, and exterior lighting), and their willingness to work within the deed restrictions. Michael Wright, architect for the project. Mr. Wright indicated they agreed to comply with the staff review letter and the deed restrictions. PUBLIC HEARING: No comments were made during the public hearing. Motion was made to approve ZA 99-085, subject to the Site Plan Review Summary No. 3, dated October 1, 1999 as recommended by the Planning and Zoning Commission. Motion: Second: Ayes: Nays: Approved: Potter Kendall Potter, Kendall, Fawks, Moffat, DuPre, Edmondson, and Stacy None 7-0 vote Agenda Item # 7-C, ZA 99-079, Revised Site Plan for Eckerd ZA 99-079, Revised Site Plan for Eckerd, on property legally described as Lot 5R, Block 6, Diamond Circle Estates, Second Installment, an addition to the City of Southlake, Tan'ant County, Texas, according to the plat recorded in Cabinet A, Slide 5210, Plat Records, Tarrant County, Texas, and being approximately 1.68 acres of land. Current Zoning is "C-2" Local Retail Commercial District. Owner and Applicant: North American Properties. Senior Planner Chris Carpenter stated eleven (11) notices were sent to property owners within the 200' notification area and two (2) responses were received from: Greg Wright DDS, GCSW Ltd., 200 East Southlake Boulevard, Ste. 30, Southlake, in favor; John Maggiore, EPIPD-Southlake #1, 14990 Landmark Boulevard, Dallas, in favor. David McMahan, 1335 Hidden Glen, $outhlake. Mr. MeMahan stated he does not want to remove the grass-crete, that he wants to leave it in. Councilmember Edmondson stated she wants to go back to the sign, taking off the "One Hour Photo" and "Food Mart" from the sign. PUBLIC HEARING: No comments were made during the public hearing. Regular City Council Meeting of October 5, 1999 Page 22 of 26 Motion was made to approve ZA 99-079, Revised Site Plan for Eckerd's, subject to the Site Plan Review Summary No. 2, dated September 3, 1999, and accepting the recommendation of the Planning and Zoning Commission. Motion: Second: Ayes: Nays: Approved: Potter DuPre Potter, DuPre, Edmondson, Fawks, Kendall, Moffat, and Stacy None 7-0 vote Agenda Item gl0-A, Authorize a contract for purchase, installation, removal of holiday lighting for Town Square public areas Deputy Director of Community Services Steve Polasek stated during the consideration of the Fiscal Year 1999-00 Community Services Department budget, Council was asked by Mr. Brian Stebbins of Town Square to consider adding funds for holiday lighting for Town Square public areas. City Council indicated willingness to participate, but did not designate any additional fimding. On September 15, Councilmember Rex Potter and staff met with Brian Stebbins regarding the scope of holiday lighting being considered and the associated costs. As a result of this meeting, and in anticipation of the City's costs exceeding $15,000, staffdeveloped bid specifications for holiday lighting. Bids are to be opened and read aloud on October 4, 1999. The bid specifications were written to allow for three options of lighting -- essentially reducing the number of trees to be lighted, and/or the number of lights to be installed on the trees and pavilion area. Additionally, the specifications allow the City to accept only a portion of each proposal, giving maximum flexibility in determining the City's level of expenditures for holiday lighting. Bids are not expected to exceed $35,000. The current fiscal year budget for Parks and Recreation division allows $10,000 for seasonal banners, banner arms and holiday lighting. Additional monies can be allocated from the Fund Balance. The three options were discussed. Councilmember Kendall asked what was the color of the lights being considered. Mr. Polesak stated they can be any color. It was the consensus of Council that the lights be "clear". Nancy Hanson with Stebbins' office stated she feels that the same color lights would make a bigger impact. Councilmember Rex Potter gave Council some background stating, "I sat down with Billy and Ron Harper, Kevin and Brian Stebbins and Steve to discuss this. The reason the bids are like they are, is because of the timeframe and we wanted to give Council something to either be in favor of or against because we are getting to the window of it being too late in the season to get someone to do the work." The location of the lights was discussed and because Town Square is developing as the downtown, it made sense to put the lights in that location. Mr. Polasek stated if there was a different location that Council may want to recommend, they will look into that location. Motion was made to approve entering into a contract for the purchase, installation, and removal of holiday lighting for Town Square public areas, using Proposal #1 which is Regular City Council Meeting of October 5, 1999 Page 23 of 26 included in the specifications prepared by the Community Services Department. the understanding that the lights will be "clear". Motion: Second: Ayes: Nays: Approved: DuPre Potter DuPre, Potter, Fawks, Kendall, Moffat, Edmondson, and Stacy None 7-0 vote With Agenda Item #11-A, Discussion: Strategic Plan Assistant City Manager Shana Yelverton stated the City Council recently identified its top priorities for the coming fiscal year. The development of a strategic plan was ranked #5 on the list, thc top ranking project identified for the City Manager's Office. The project advocacy form outlined the project as follows: "Ensure that the community, elected officials and staff are moving forward with a shared vision. Create a form for making informed decisions when setting budget priorities or deciding among program alternatives." The strategic planning process would afford city leaders an opportunity to develop a vision for the city, identify core values for the organization and outline strategies for achieving the mission or vision. It is a process by which the city's most important issues are identified and clearly defined, and through which strengths and weaknesses are discussed. Strategic objectives typically cover the general categories of cost, quality, time, and other measures critical to organizational success. Upon completion of the process, a conceptual vision of the desired "future state" of Southlake would be in place, and strategies would be identified for guiding decision making, governance, organization and resource allocation. Ms. Yelverton stated this item was placed on the Council agenda at the request of Councilmember Edmondson. If Council agrees, it is ready to proceed with the appointment of a committee. Councilmembers Edmondson and DuPre stated they would be willing to serve on the committee. Councilmember Debra Edmondson stated many of the decisions of the City would center around the Strategic Plan once it is in place. She stated she feels this is something we need in our community, and feels it is very important that we come up with a vision for this Council and other groups within the City and put that to paper as it is very important. Stacy Hamaker, owner of a consulting firm, Shamrock Technology, which offices in Southlake. Ms. Hamaker stated she has extensive experience in this area and she submitted about six or eight sheets of paper with recommended approaches and a scope to provide the city some food for thought. Ms. Hamaker presented some information to Council to assist them in this project. Regular City Council Meetlng ofOctober 5,1999 Page24of 26 Shana Yelverton stated if Council is willing, she would like to set up work groups to begin this process. Councilmember Rex Potter stated he would like to serve on the committee as well. Agenda Item #2-A, Executive Session, Continued Mayor Stacy advised the audience that the City Council would be going into Executive Session pursuant to the Open Meetings Act, Chapter 551 of the Texas Government Code, Sections 551.071, 551.072, 551.073, 551.074, 551.076 to seek consultation with the City Attorney. Council adjourned into executive session at 11:30 p.m. Council returned to open session at 12:05 a.m. Agenda Item #2-B, Action Necessary, Continued No action was taken as the result of the executive session. Agenda Item #II-C, Discussion: Residential Growth Issues Councilmember Rex Potter said he asked for this item to be on the agenda stating that in the recent election, a significant issue dealt with residential growth in Southlake. Many of the constituents expressed concerns with the following: a) balancing residential [development] with commercial development to reduce city and school taxes, b) the ability of our school systems (especially Carroll) to maintain the high standards of quality education with the tremendous influx of children via the new residential developments, and d) maintaining a rural atmosphere within Southlake. Potter stated, "Now that we have accomplished a number of major changes and the budget process is completed, I would like to explore the following: Establish a 1-year moratorium on residential zoning requests with a density less than the SF1-A classification. Create an ordinance limiting the number of residential building permits, excluding SF-1A and Residential Estate classifications, to 350 permits for FY 99-2000 time period; and, Increase residential building permit fees with the added revenues dedicated to joint school/city projects. Councilmember Potter stated he would like to get started working on this project. Councilmembers Debra Edmondson and Wayne Moffat stated they are interested in working with Potter on this. Regular City Council Meeting of October 5,1999 Page25of 26 Agenda Item #Il-B, Discussion: HB 156 and its affect upon the Open Meetings Act No discussion was held on this item tonight. Agenda Item #12, Adjournment. Mayor Pick Stacy adjourned thc Regular City Council meeting at 12:07 a.m. ~&'.e'- ,,,, '.;.~ ~ i/~v,.~. v-~,4 ~ gO'[ ~ ~ l~l~Y~r~Pit:kStacy ATTESts. -~ . ~ ~ S~dra L. LeGr~d Ci~ Secret~ Regular City Council Meeting of October 5, 1999 Page 26 of 26 PROPOSAL I Item No. Description and Quality Materials Labor Total Tree Lighting 1. Park Area 24 trees on perimeter of park with 600 lights per tree. 2. Park Area 12 large trees in center of park with 1,000 lights per tree. 3. Gazebo Area 14 trees on perimeter of gazebo with 600 lights per tree. 4. Sidewalks 44 trees total on sidewalks with 1,000 to 1,400 lights per tree. Pavilion Lighting 5. Install icicle lights hung from two (2) levels all around gazebo. 6. Install lighted garland swaged on railing all around with red and green lights. 7. Install 4,000 red lights in right -of -way closest to the water. 8. Install 3,500 green lights in second right -of -way. 9. Install 3,000 green lights in third right -of -way. Christmas Tree Decorations 9. Decorate and light outdoor Christmas tree. Removal and Storage 10. Removal and Storage of lights and decorations. GRAND TOTAL (Also, Include Total Proposal I Quote on Cover Page) Holiday Lighting and Decorations for public areas at Town Square 10A -13 Parkwood/1709 Access Road Opposition Name Address City State Zipcode Alex & Jennifer Pertrovich 611 Northwood Trl Southlake TX 76092 Allyson and Daniel Brady 603 Northwood Trl Southlake TX 76092 Amy Ezell 514 Northwood Southlake TX 76092 Andrew Tkac 404 Parkwood ct Southlake TX 76092 Beth Asher 410 Parkwood Ct Southlake TX 76092 Dale & Marsha Kluesing 503 Everwood Ct Southlake TX 76092 James Corral 507 Northwood Trl Southlake TX 76092 Ken Head 501 Clayton Ct Southlake TX 76092 Kim & Randy Wolf 601 Parkwood Dr Southlake TX 76092 Kim Zabor 618 Northwood Trl Southlake TX 76092 Lauren Olson 609 Northwood Trail Southlake TX 76092 Leigh Andrews 406 Parkwood Ct Southlake TX 76092 Leslie Busch 606 Northwood Trl Southlake TX 76092 Mary Gilliland 503 Northwood Trl Southlake TX 76092 Mary Obregon 605 Parkwood Dr Southlake TX 76092 Melanie Horston 500 Everwood Ct Southlake TX 76092 Michael Manil 614 Northwood Trail Southlake TX 76092 Michael Press 500 Northwood Trl Southlake TX 76092 Mine & Dennis Stanyah 405 Parkwood Ct Southlake TX 76092 Mustafa Husain 505 Northwood Trl Southlake TX 76092 Ray & Beth Semadeni 501 Northwood Trl Southlake TX 76092 Rebecca Petty 613 Northwood Tr Southlake TX 76092 Robert & Ughetta Miller 502 Northwood Trl Southlake TX 76092 Roger and Amy Ochs 606 Northwood Ct Southlake TX 76092 Roger Sampson 408 Parkwood Ct Southlake TX 76092 Vicki Nible 400 Parkwood Ct Southlake TX 76092 Wednesday, October 06, 1999 Page 1 of 1 >FaAs TO SPEAK TO CITY COUNCIL AT PUBLIC FORUM OR ON ANY OTHER ITEM ON THE AGENDA PLEASE REGISTER WITH THIS CARD fouthla Please Print and Return ro the Sergeant at Artns Public For Agenda # Name Date _ Address (eg 1 will speak IN SUPPORT of this item. 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TO SPEAK TO CITY COUNCIL AT PUBLIC FORUM OR ON ANY OTHER ITEM ON THE AGENDA PLEASE REGISTER WITH THIS CARD Zuthlca - --- - -- Please Print and Return to the Sergeant at Arras Public Forum Agenda # Name Kini ci-bukics Slai LC cDatc C { (21 1C( Address l_...�G5- ecL4- 0 d ems SO U:- it k. Le_ 7 b®q Z / 1 will speak IN SUPPORT of this item. I will speak IN OPPOSITIC)14 to this item. I do not wish to speak, but : lease record m 47 P y SUPPORT —..1G. OPPOSITION Citizen Comments (for items on the agenda) * pcucierAAtAit eI.....zS R4. A �ud — LIo9 1.,1 l■oi i-I.A weed P664 k, bem.etep w...e...6.51" — NOTE; Tu allow everyone an opportunity to be heard, speaking time is limited to three minutes a person, • ra, TO SPEAK TO CITY COUNCIL AT PUBLIC FORUM OR ON ANY OTHER ITEM ON THE AGENDA PLEASE REGISTER WITH TIIIS CARD outhI a Please Print and Return to the Sergeant at Arms Public Forum , Agenda # Name Date 10 4 9 Address 4O - Pa rKtA)Crxmi 561A �4kQ_ 1 will speak IN SUPPORT of this item. 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