1999-10-19REGULAR CITY COUNCIL MEETING
667 NORTH CARROLL AVENUE
SOUTHLAKE, TEXAS
OCTOBER 19, 1999
MINUTES
COUNCILMEMBERS PRESENT: Mayor Rick Stacy; Mayor Pro Tem Gary Fawks;
Deputy Mayor Pro Tem Ronnie Kendall. Members: Patsy DuPre, Debra Edmondson, Rex
Potter and Wayne Moffat.
CITY STAFF PRESENT: City Manager Billy Campbell; Assistant City Manager Shana
Yelverton; Interim Director of Planning and Zoning Administrator Karen Gandy;
Director of Public Works Ron Haper; Deputy Director of Public Works Charlie Thomas;
Senior Civil Engineer Shawn Poe; Public Information Officer James Kunke; Deputy
Director of Department of Public Safety Fire Services Picky Black; Director of
Department of Public Safety Garland Wilson; Senior Planner Chris Carpenter; Director
of Finance Sharen Elam; Administrative Operations Coordinator Malcolm Jackson;
Director of Economic Development Greg Last; Director of Community Sexvices Kevin
Hugman; City Attorney E. Allen Taylor, Jr.; and, City Secretary Sandra L. LeGrand.
WORK SESSION: The work session was called to order by Mayor Pick Stacy at 5:40
p.m. Councilmembers and staff discussed items on the agenda. The work session was
video taped and tape-recorded for future reference.
Agenda Item #5-B, Authorize the Mayor to enter into an amended interlocal
agreement with the Town of Westlake for water and sewer services. Councilmembers
Fawks and Kendall questioned the terms of this agreement. Director of Public Works
Ron Harper responded to those questions by stating the City of Fort Worth asked
Southlake to consider this interlocal agreement. He stated, "As we have gone through
this contract with Fort Worth, there is a clause in there that says we cannot resale
water to anybody. They consider this [City providing water service to Westlake] to
be a resale of water, but they recognize, accept and understand that it is within our
CCN. Not only do we have the right, but we have the obligation to serve that
particular subdivision. As long as we are serving them as City of Southlake
customers, they have absolutely no problem with it." Harper stated he has discussed
this interlocal agreement with Trent Petty, Town Manager for Westlake, and they are
putting this item on their agenda for their Monday night meeting, for consideration.
Harper stated he and Petty have co-authored some of the language in this agreement.
Agenda item #5-F, Ordinance No. 480-317, 1st Reading, (ZA 99-057), Rezoning and
Development Plan for Crown Ridge Addition. A discussion was held regarding the
number of times this item has appeared on the agenda for tabling. It was the
consensus of Council that this item should be tabled this evening time certain
November 2, 1999, however, if no action is taken at that time by the City Council that
the applicants will have to start the process over with readvertisements, etc.
Regular City Council Meeting of October 19, 1999 Page 1 of 17
Agenda Item #10-A, Authorize the Mayor to execute lease agreements with Cook
Inlet/VoiceStream PCS, L.L.C. for the placement of a wireless communications
antenna on the Dove, Florence, and Miron water towers. Discussions were held
regarding the extension provision in the agreement. Administrative Assistant for
Public Works Valerie Bradley stated it is a mutual agreement regarding the extension
provision in the agreements. At this time the City is only committing to a five-year
time frame.
Agenda Item #10-B, Authorize the Mayor to enter into an Agreement for Community
Services with Northeast Transportation Service (NETS). Executive Director of NETS
Brenda Cross was present to discuss the request from Northeast Transportation
Service, presenting to the Council updated information regarding the trips made in
Southlake and the current usage of the program by Southlake residents.
The work session ended at 6:40 p.m.
REGULAR CITY COUNCIL MEETING
Agenda Item #1, Call To Order
Mayor Rick Stacy called the Regular City Council meeting to order at 6:43 p.m. The City
Council meeting was videotaped and tape recorded for future reference and 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 Texas Government Code, Sections 551.071, 551.072,
551.073, 551.074, 551.076 and 551.086 to seek legal advice from our City Attorney; to
deliberate regarding real property matters; to deliberate regarding a prospective gift; to
deliberate personnel matters; to deliberate regarding security devices; and/or to
deliberate regarding economic development negotiations.
Councilmembers adjourned into executive session at 6:44 p.m.
Council returned to open session at 7:40 p.m.
Agenda Item #2-B, Action Necessary/Executive Session
Motion was made to approve staff to enter into a contract for the purchase of property as
discussed in executive session.
Motion:
Second:
Ayes:
Nays:
Approved:
Kendall
Edmondson
Kendall, Edmondson, Potter, Fawks, Moffat, DuPre, and Stacy
None
7-0 vote
Regular City Council Meeting of October 19, 1999 Page 2 of 17
Agenda Item #3, Invocation.
The invocation was given by Reverend Marty Dunbar, Associate Pastor of the White
Chapel United Methodist Church in Southlake.
Agenda Item g4-A, Mayor's Report
Mayor Rick Stacy made the following announcements:
Metroport Cities Partnership meeting to be held on October 21, 1999 at 7:30
a.m. in the Colleyville Chamber of Commerce Office, 6700 Colleyville
Boulevard, Colleyville.
· The Parks and Recreation Department will host a city Halloween Festival at
Bicentennial Park on October 23, 1999 from 6 to 9 p.m.
Sister City Pot-Luck Supper will be held on Monday, October 25, 1999 at
Carroll High School Activity Center. The event will begin at 7:00 p.m. Mayor
Stacy said 65 students from Tring, England will be visiting Southlake. Rob
Glover, CISD trustee, was present to report on this event.
Timarron Addition has asked Mayor Stacy to attend the Halloween Parade in
that addition, beginning at the Wentwood Community Center off Byron
Nelson Parkway and Wentwood Drive. The parade will begin at 3:00 p.m.
The Constitutional Amendments Election will be held on November 2, 1999.
Voting will take place from 7:00 a.m. to 7:00 p.m. For early voting
information and election day locations, contact the City Secretary.
The Mercy Medical Flight Concert will be held on Saturday, October 23, 1999
at 7:00 p.m. at the Carroll High School Activity Center. Mayor Stacy stated
the organization provides transportation for people who cannot afford it. A
most recent trip last week was for a cancer patient who was away from home
and who wanted to spend their last weeks at home. The cost of the trip was
$3,200, and this is an example of the service they provide. Councilmember
DuPre stated the people who staff the program are all volunteers and that one
of the school board members, Jerry Lawrence, volunteers to fly for the
program.
Councilmember Ronnie Kendall reported on the Childreffs Special Olympics. She
stated, "We have some local children from Southlake schools who will be competing in a
Special Olympics event this weekend." The team from Rockenbaugh Elementary School
is going as the "Dragon" team and she wanted to wish them "good luck."
Regular City Council Meeting of October 19, 1999 Page 3 of 17
Councilmember Gary Fawks reported on the Joint Utilization Commission (JUC), stating,
that last Thursday was their first meeting whereby they decided to "tackle" the school
development issues more closely. Fawks stated the school representatives presented the
Kimball Site Plan for the new school and discussed the potential for a SPIN meeting in
the next few weeks. They will be getting with city staff to arrange. Fawks stated he feels
the whole community is excited about the direction that this is taking with the
communications between the board and the council.
Councilmember Debra Edmondson stated, "Last night the Drug and Alcohol Awareness
Committee had their first "ER" (Everyone's Responsible) Forum and although we had
many things going against us -- the Cowboys were playing, heavy rainfall and last but not
least, the transformer at the high school blew -- so we were without lights for quite a
while and I am happy to announce that we did have a good attendance for our first forum.
We had over 100 parents and 40-some children in the 5th and 6th grade program and I feel
it was a great forum. I think people in the community are excited about the idea of us
joining hands together under the ER banner and working together to keep Southlake's
children safe and drug-free. I want to thank everyone who had involvement in this
program, and I want to thank Shelli Siemer, even though she is not present tonight.
Shelli has done an absolutely fabulous job in keeping our committee progressing and
moving forward. Thank you Shelli."
Councilmember Patsy DuPre stated on Saturday she went to Dallas with about eight other
Southlake residents and ran and walked as a group from Southlake in the Susan G.
Coleman "Run for the Cure" event and that next year this group wants to do some sort of
drive to get a big turnout of Southlake residents to participate. She stated there were
30,000 people entered in the run. She said Southlake did get recognized over the
intercom indicating that Southlake was present and next year DuPre wants an even bigger
showing from Southlake.
Mayor Stacy presented a proclamation to members of the Drug and Alcohol Awareness
Commission proclaiming the week of October 25-29 as "Red Ribbon Week" stating that
the City Council supports the efforts of the Drug and Alcohol Awareness Committee and
recognizes the importance of involving the community in the war against underage
drinking and illegal drug use. Support of the goals of this national drug prevention and
awareness campaign is displayed through the willingness of community members to
proudly wear red ribbons dtmng Red Ribbon Week.
Agenda Item #4-B, City Manager's Report
City Manager Billy Campbell reported that in keeping with the theme of getting
Southlake before the metroplex, Sargent Rusty Daniels sang the National Anthem at the
NASCAR Truck Race over the weekend and was introduced to over 75,000 people as a
Southlake Police Officer. Campbell stated he did a good job!
Campbell stated that throughout the week City employees have been involved in the
United Way Campaign. He announced that it is an annual event for the City and will
Regular City Council Meeting of October 19, 1999 Page 4 of 17
come to its end between 11:00 a.m. and 1:00 p.m. on Friday. He invited the
Councilmembers and anyone else who would like to attend to do so. Campbell stated we
have raised a lot of money and typically, the Southlake employees have always given as
much as the highest level, if not the highest amount, per person. He stated Southlake has
been involved for many years and he feels this will also be a banner year.
Agenda Item #4-C, SPIN Report
The SPiN Report was given by Milan Georgia, representative of SPIN #3, along with his
wife Mary. Mr. Georgia gave the location of the SPiN district and stated three major
projects have taken place in this area of the city including: installation of a force main
sewer line from Emerald Circle to Carroll Boulevard; construction of the lif~ station to
this area; and the revamping of Lake Drive.
Regarding the Lake Drive project, Mayor Stacy presented a proclamation noting the
proclamation "goes to an individual who has taken it upon himself to work in conjunction
with the City of Southlake and its contractors, through his efforts as an assigned "Block
Captain" for SPiN area #3, for the betterment of his neighbors daily life, regarding the
basics of their life, water, sewer, street improvements, lighting and safety and the United
Stated Postal delivery improvements." The Mayor presented the proclamation to Mike
McKean, declaring October 19, 1999 as, "Mike McKean Day" in the City of Southlake.
Mr. McKean thanked the Mayor and City Council for listening to the needs of the
residents regarding the Lake Drive issues.
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. Mayor Stacy read the consent agenda items into the record, adding
several agenda items determined by the City Council during the work session:
5-A. Approval of the minutes of the October 5, 1999 Regular City Council meeting.
5-B. Authorize the Mayor to enter into an amended interlocal agreement with the
Town of Westlake for water and sewer services.
5-C. Authorize the Mayor to enter into an Agreement for Community Services with
Arts Council of Northeast Tarrant County.
5-D. Authorize the Mayor to enter into an Agreement for Community Services with
Grapevine Relief and Community Exchange (GRACE).
5-E. Authorize the Mayor to enter into an Agreement for Community Services with
Metroport Meals On Wheels.
Regular City Council Meeting of October 19, 1999 Page 5 of 17
Ordinance No. 480-317, 1st Reading, (ZA 99-057), Rezoning and Development
Plan for Crown Ridge Addition, on property legally described as Tracts 8,9,18
and 19, situated in the R.D. Price Survey, Abstract No. 992, and being
approximately 63.43 acres. Request to table to November 2, 1999 City Council
meeting.
8-A. ZA 99-80, Preliminary Plat for Lots 1-4 Sabre Group Campus.
10-A.
Authorize the Mayor to execute lease agreements with Cook Inlet/VoiceStream
PCS, L.L.C. for the placement of a wireless communications antenna on the
Dove, Florence, and Miron water towers.
10-B. Authorize the Mayor to enter into an Agreement for Community Services with
Northeast Transportation Service (NETS).
10-C. Consideration to having single Regular City Council meetings in November and
December due to holidays and anticipated absence of Council members.
Motion was made to approve the consent agenda as follows: #5-A, #5-B clarifying the
wording regarding the fees, showing to whom the fees are to be distributed, and referring
to the last sentence where it starts, "Southlake and Westlake" be removed from the high-
lighted paragraph; #5-C for the amount of $4,500; #5-D for the amount of$10,000; #5-
E for the amount of $10,000; tabling #5-F to November 2, 1999, at which time Council
will take action or it will be resubmitted or advertised; #8-A, subject to the review letter
and recommendation of the Planning and Zoning Commission; #10-A, #10-B, and #10-
Motion:
Second:
Ayes:
Nays:
Approved:
Kendall
DuPre
Kendall, DuPre, Edmondson, Potter, Fawks, Moffat, and Stacy
None
7-0 vote
ADDITIONAL INFORMATION REGARDING CONSENT AGENDA ITEMS
5-A. Approval of the minutes of the Regular City Council meeting held on October 5,
1999. The minutes were approved as presented.
Authorize the Mayor to enter into an amended interlocal agreement with the
Town of Westlake for water and sewer services. On July 20, 1999 the Southlake
City Council approved an interlocal agreement with Westlake that would allow
for the construction of a water line and the providing of water service for
Gleywyck Farms in Westlake. This is an area within Southlake's Certificate of
Convenience and Necessity (CCN). The terms of the original agreement called
for the City to bill Westlake for water usage and to receive payment from
Westlake. Upon review by the City of Fort Worth, it was determined that this
would constitute a "resale" of water. This is not allowed by our Fort Worth
Regular City Council Meeting of October 19, 1999 Page 6 of 17
contract. This amendment will make it clear that the residents of Glenwyck
Farms will be Southlake water customers until such time as Westlake developes a
water system to handle this area and the CCN's have been modified to allow
Westlake to provide service to this area. The agreement will also be modified to
allow the Town of Westlake to collect the impact fees due and to distribute these
fees to the appropriate parties.
Authorize the Mayor to enter into an Agreement for Community Services with Arts
Council of Northeast Tarrant County. Arts Council of Northeast Tarrant County
is a 501(3) organization whose purpose is to encourage the promotion of arts in
the community. The Arts Council provides summer youth arts programs as well
as other various art classes to youth and adults in northeast Tarrant County. They
also provide a newsletter and a calendar of events to citizens of Southlake that
feature programs offered by local municipalities, schools, and other non-profit
organizations. The proposed community services agreement calls for $4,500 to
be paid to Arts Council of Northeast Tan'ant County for the services rendered to
the community. The request for funding for FY 1999-00 remains the same as the
previous year with no changes in the services provided. The approved FY 1999-
00 Community Services division budget has $83,500 allocated for community
serviced. To date, $9,500 has been appropriated by the City Council.
Authorize the Mayor to enter into an agreement for Community Services with
Grapevine Relief and Community Exchange (GRACE). Grapevine Relief and
Community Exchange (GRACE) is a non-profit organization in Grapevine that
provides short term emergency assistance to those in direct need of food, clothing,
medicine, and other necessities. They serve the northeast Tarrant County area
including Southlake. GRACE indicates that January through August of 1999 they
provided the delivery of 382 services to Southlake. GRACE has received funding
from the City since 1994. At the October 6, 1998 City Council meeting, a new
formula was determined to allocate funds based on $.50 per capita. As a result,
the City Council raised the amount paid for services from $7,500 to $9,500 for FY
1998-99. Currently, the population of Southlake is approximately 20,000 based
on information obtained from the Department of Economic Development. The
proposed service agreement calls for $10,000 to be paid to GRACE for services
rendered to the community. The approved FY 1999-00 Community Services
division budget has $83,500 allocated for community services. To date, $9,500
has been appropriated by the City Council.
Authorize the Mayor to enter into an Agreement for Community Services with
Metroport Meals on Wheels (MMOW). This Scope of Services Agreement is
unchanged from the one approved for FY 98-99. MMOW Executive Director
Lucia McCoy reviewed the agreement for FY 1999-2000 and concurs with the
scope of services. The Tuesday congregate meal program is currently part of the
weekly program activities at the Senior Activity Center. Seniors pay $2.50 for the
meal, which is catered from Solana Marriott. City funding helps cover MMOW
staff, supplies, and administrative costs for the Tuesday program and supplements
Regular City Council Meeting of October 19, 1999 Page 7 of 17
IO-A.
the home delivered meals. Metroport Meals on Wheels has provided information
regarding their costs and services, which is included with this item. The proposed
services agreement calls for $10,000 to be paid to Metroport Meals on Wheels for
the congregate meal program and the home delivered meal program, The
approved FY 1999-00 Community Services division budget has $83,500 allocated
for community service contracts. To date, $9,500 has been appropriated by City
Council.
Ordinance No. 480-317, st .
1 Rea&ng, (ZA 99-057), Rezoning and Development
Plan for Crown Ridge Addition, on property legally described as Tracts 8, 9, 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-P-U-D" Residential Planned Unit Development District.
Applicant: Huitt-Zollars. Owner: Southlake/Solana, Ltd. Council moved to
table this item to the November 2, 1999 City Council meeting, at which time
Council will take action or it will need to be resubmitted or advertised again.
ZA 99-80, Preliminary Plat for Lots 1-4, Block 1, Sabre Group Campus, on
property legally described as being Tracts 1, IAi, lC, 2Al, 2A2, 2A3, 2A4, 2A5,
2A7, and portions of Tracts 2A, and 2A6, situated in the U.P. Martin Survey,
Abstract No. 1015; portions of Tracts 1 and lC situated in the James B. Martin
Survey, Abstract No. 1134; and portions of Tracts 3Al, 3A1A, 3A1A2, 4B, 4B1,
4B2, situated in the Rees D. Price Survey, Abstract No. 1207, and being
approximately 150. 7244 acres. Current zoning is "NR-P. U.D " Non-Residential
Planned Unit Development District with "0-2" Office District uses and certain
other permitted and accessory uses which are generally related to
communications, computer, and information technologies; training and
conference centers; parking structures; heliport/stop and verti~port/stop; hotel,
restaurant, retail and office uses. Applicant: The Sabre Group. Owner: Maguire
Partners. This item was approved subject to the review letter and
recommendation of the Planning and Zoning Commission.
Authorize the Mayor to execute lease agreements with Cook Inlet/VoiceStream
PCS, L.L.C., for the placement of a wireless communications antenna on the
Dove, Florence, and Miron water towers. Cook Inlet/VoiceStream PCS has
requested to lease space on the Dove, Florence, and Miron water towers for the
placement of wireless, communications antennas. This request also includes
ground units at the tank sites. Cook Inlet/VoiceStream agrees to pay $11,040 per
site annually for an initial term of five years. The total yearly revenue generated
from the three sites will be $33,120. The City's five-year revenue intake from
these leases will total $165,600. The leases also allow for four additional five-
year extensions. For each extension period, the yearly rate would increase by
15% of the previous lease period's rate. The per site yearly rates for each
extension period would be $12,696.00, $14,600.40, $16,790.46, and $19,309.03.
The City stands to gain $1,116,539.85 in revenue if the contracts are extended for
all three tower sites. The terms of these lease agreements are the city standard for
Regular City Council Meeting of October 19, 1999 Page 8 of 17
antennas and equipment placed on city water towers. The City Attorney has
reviewed the agreements extensively and determined that they are legally sound.
In addition, the presence of these antennas will not interfere with the daily
operations of the towers.
IO-B.
Authorize the Mayor to enter into an Agreement for Community Services with
Northeast Transportation Service (NETS). NETS currently provides
transportation service to senior and handicapped residents. The first priority for
their service is for medical needs. NETS will also provide rides to the Senior
Activity Center if there is a van available that is not being utilized for a higher
priority need, such as medical visits. The cost of service as proposed by NETS
is $8,425 ($.50 per capita per resident based on 1997 population figures provided
by NETS) for service beginning October 1, 1999 and ending September 30, 2000.
This is the same amount requested by NETS for fiscal year 1998-99. The
approved FY 1999-2000 Community Services division budget has $83,500
allocated for community services. To date, $9,500 has been appropriated by City
Council.
10-C.
Consideration to having single Regular City Council meetings in November and
December due to holidays and anticipated absence of Council members. This
item was placed on the agenda by the City Manager because of at least two
councilmembers who will be out of town during the week of November 16, and
the second meeting in December falls within the week of the Christmas holiday.
The City Manager stated he has spoken with staffregarding the ability to manage
projects in the absence of these meetings, and there are no significant problems
with canceling either of these meetings. Proposition Two on the May 2, 1998
Charter election ballot, in Section 2.09 of the Charter authorizes the City Council
to cancel or reschedule the date of a regular City Council meeting by posting a
72-hour notice.
Agenda Item #6, Public Forum
James Hoagland, Myers Meadows Addition. Mr. Hoagland read a letter into the record
that was written by Lane D. Jeffreys, President of the Myers Meadow Homeowners
Association which expressed concern for the properties on F.M. 1709, between Burger
King and the comer of Peytonville Avenue, stating, "The current C-3" and "C-2"
designation poses issues with safety, traffic flow, and home values. We feel that the
designation should be no greater than 'Office Zoning'. We understand the city
commissioned a study, which also recommended reducing the area to less than the
current zoning. The residents of Myers Meadows are very concerned with the
development plans in place, as well as future plans for the location surrounding Carroll
High School. We are against a "high density" business that would affect the traffic flow,
safety, and home values in the community. We would be supportive of development
similar to the quality and land use of the neighboring office buildings. We ask that you
review the designation for the property in question, reduce the designation to "Office
Regular City Council Meeting of October 19, 1999 Page 9 of 17
Zoning" and provide us the opportunity to be involved in the decisions made in the
development of these properties."
A gentlemen (name unknown) residing at 595 South Kimball Avenue, Southlake. He
stated he has watched the City Council meetings on the cable channel and he feels the
City Council has done a good job. He spoke regarding the new schools and the stadium
being planned on South Kimball Avenue. He stated F.M. 1709 and South Kimball
Avenue is very dangerous now but with the bus barn, schools and stadium, on the 17'
roadway, he feels it is not safe for his children to get the mail out of the mail box at this
time. He asked the City Council to help him as a resident who lives on South Kimball
Avenue.
Stand Key, 105 Killdear Court, Myers Meadows, Southlake. Mr. Key stated he wants to
thank the City Council for improving the lighting problems caused by the Texaco station
on F.M. 1709. He stated he wants to draw attention to the letter read into the record from
the Homeowners Association from Myers Meadows subdivision. He added, he wants the
City Council to look seriously at the corridor on F.M. 1709.
Public Forum closed.
Agenda Item #7-A, Ordinance No. 480-319, 2no Reading, (ZA 99-062)
Ordinance No. 480-319, 2nd Reading, (ZA 99-062), 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. Current zoning is "AG" Agricultural District with a
requested zoning of"SF-1B" Single Family Residential District. Applicant: Jerry Small.
Owner: Lee K. Huntley.
Senior Planner Chris Carpenter stated twenty-three (23) notices were sent to property
owners within the 200' notification area and three (3) responses have been received from:
Donald R. and Gaye Teague, 629 Cimarron Trail, Southlake, in favor; R.C. and
Jacqueline Wood, 1629 North Pearson Lane, Roanoke, in favor; and, Richard Osman,
Post Office Box 93167, Southlake, in favor of
Mr. Carpenter noted for the record that a change of zoning to the "SF-1B" Single Family
Residential District does not require a Concept Plan Review by staff.
Mr. Jerry Small, stated he is requesting "SF-1B" and is changing the zoning from
Agricultural District because he built the building without a permit, and the rezoning is to
bring the property into compliance.
PUBLIC HEARING: No comments were made during the public hearing.
Motion was made to approve Ordinance No. 480-319, 2nd reading as presented.
Motion: Edmondson
Second: Potter
Regular City Council Meeting of October 19, 1999 Page 10 of 17
Ayes:
Nays:
Approved:
Edmondson, Potter, Fawks, Kendall, Moffat, DuPre, and Stacy
None
7-0 vote
Agenda Item #7-B, Ordinance No. 480-318, 2nd Reading ( ZA 99-081)
Ordinance No. 480-318, 2nd 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 0.14 acres. Current zoning is "AG" Agricultural District
with a requested zoning of"SF-1A" Single Family Residential District. Applicant: Four
Peaks Development. Owner: Warren Clark Development.
Senior Planner Chris Carpenter stated seven (7) notices were sent to property owners
within the 200' notification area and one (1) written response was received from Elaine
Bell, 404 Lariat Lane, Godley, Texas, no comment. Mr. Carpenter stated for the record
that a zoning change to the "SF-1A" Single Family Residential District does not require a
Concept Pan Review by staff.
Daivd McMahan, 1335 Hidden Glen, $outhlake, representing Four Peaks Development.
Mr. McMahan stated this issue is a "clean up" item from a previous zoning.
PUBLIC HEARING: No comments were made during the public hearing.
Motion was made to approve Ordinance No. 480-318, 2na reading.
Motion:
Second:
Ayes:
Nays:
Approved:
Edmondson
DuPre
Edmondson DuPre, Potter, Fawks, Kendall, Moffat, and Stacy
None
7-0 vote
Agenda Item #7-C, ZA 99-075, Request for Variance Under Subdivision Ordinance
ZA 99-075, a request for variance under the provisions of Section 9.0lA of the
Subdivision Ordinance No. 483-G, for the proposed Plat Showing of Lot 1, James
Chivers No. 348 Addition.
Senior Planner Chris Carpenter stated notices were not required to be sent. He noted the
applicant is requesting a variance to comments No. 3 and No. 4a. A "Single Lot" Plat
Showing is approved by staff and is not brought before the Planning and Zoning
Commission or City Council for approval. On these types of plats, the applicant must
comply with all requirements on the Plat Review Summary unless specifically varied by
the City Council.
David McMahan, 1335 Hidden Glen, $outhlake, representing Four Peaks Development.
Mr. McMahan stated he does not agree that this is a variance at all under the wording of
the subdivision ordinance. McMahan stated, "City Attorney Allen Taylor and I have had
Regular City Council Meeting of October 19, 1999 Page 11 of 17
discussions on this in the past, and I don't agree with him." McMahan stated this is the
only access to the property and there is a home currently on the property. They are
currently building a new home and it will be the only home on the four lot property. The
property has been in the same situation for over forty years and it has never been platted.
Motion was made to approve ZA 99-075, subject to the Plat Review Summary No. 1,
dated August 3, 1999; forgiving items #3 and g4a.
Motion:
Second:
myesi
Nays:
Approved:
Potter
DuPm
Potter, DuPre, Edmondson, Fawks, Kendall, Moffat, and Stacy
None
7-0 vote
Agenda Item #7-D, Ordinance No. 758, 2"a Reading, Consolidation for the Public
Works and Engineering Departments
Assistant City Manager Shana Yelverton presented Ordinance No. 758 for second
reading, amending Chapter 2, Administration, Southlake City Code, as amended,
consolidating the Public Works and Engineering Services Departments into the Public
Works Department. She stated on April 20, 1999, the City Council approved the creation
of the Engineering Services Department. Since that time the organizational structure of
Public Works and Engineering has been re-evaluated by the Director Ron Harper and
City Manager Billy Campbell. Organizational refinements have taken place, such as
creation of the positions of Public Works Operations Manager and City Engineer, that
have made operations more efficient and accountable and have re-established the need for
a single director to deal with the coordination of these functions.
PUBLIC HEARING: No comments were made during the public hearing.
Motion was made to approve the 2nd reading of Ordinance No. 758, as presented.
Motion:
Second:
Ayes:
Nays:
Approved:
Potter
DuPre
Potter, DuPre, Edmondson, Fawks, Kendall, and Stacy
None
6-0 vote
Councilmember Wayne Moffat was out of the room and did not vote.
Agenda Item #7 .E, Resolution No. 99-74, (ZA 99-089), SUP for Kennel
Resolution No. 99-74, (ZA 99-089), Specific Use Permit for a Kennel per Zoning
Ordinance No. 480, Section 45.1 (16) on property legally described as Lot 3R, Block B,
Hart Industrial Park, an addition to the City of Southlake, Tarrant County, Texas,
according to the plat recorded in Cabinet A, Slide 4901, Plat Records, Tarrant County,
Texas, and being approximately 3.410 acres. A Concept Plan for Lot 3R, Block B, will
Regular City Council Meeting of October 19, 1999 Page 12 of 17
be considered with this request. Current zoning is "I-1" Light Industrial District.
Applicant: Women's Interest Network, Inc. dba "Fireplug Inn." Owner: SLJ Hart, Ltd.
Senior Planner Chris Carpenter stated fourteen (14) notices were sent to property owners
within the 200' notification area and three (3) responses were received from: Vern
Lawrence, Exchange Boulevard II, Inc., 2865 Exchange Boulevard, Southlake, in favor;
Gerald A. Boyle, 3301 I4Zestover Court, Grapevine, undecide& and Scott Malone, 1228
King, Bedford, in favor.
John Dorety, 1726 Columbine, Grapevine, applicant. Mr. Dorety stated he was present
to answer questions of Council regarding this request for a kennel and noted they will
comply with all the current city ordinances regarding this request.
Councilmember Edmondson questioned the landscape requirements and the method for
review of this Specific Use Permit regarding the landscape requirements and bufferyards.
She stated her concerns are whether this review was made trader the old ordinance. She
stated her biggest issue is the comment made regarding the plants being maintained for
one year. She asked Karen Gandy to try to find the date of the first review on this
property. Ms. Gandy stated the building that houses the kennel is a part of this one lot
and Council is reviewing the concept plan for the entire lot. Ms. Edmondson asked Chris
Carpenter, "On this plan, down in the comer where the kennel is, what is meant by the
term "greenbelt?" Carpenter responded he did not know.
John Dorety replied the "greenbelt" area is simply grass and lawn. Edmondson stated the
term is noted around the entire area of the property. In the area that is being referred to
on the plan, it is cmrently dirt, according to Dorety. The greenbelt area is grass. He did
not know the measurement of the greenbelt area as shown on the plan.
Councilmember Edmondson stated on a concept plan we are usually more specific, is that
correct? Karen Gandy stated, "Typically the landscaping and specific plantings are
addressed at the Site Plan stage." Edmondson stated what she is trying to get is
clarification. The term "greenbelt" [island] is on the plan, and how large of an area is it?
Mr. Dorety stated he does not know, but they meet all the requirements for the
bufferyards and the landscaping ordinances. Edmondson asked if they will be required to
do a Site Plan on this case so that we know exactly how large the greenbelt is suppose to
be? We need the exact dimensions so that the inspectors will know how large it is
suppose to be.
Karen Gandy stated, "This is a different kind of document and given the road condition
and everything, staffwill pretty well know that we got the 747 s.f. [island] that they are
indicating within this area. I think they are committing to that, but at this time we do not
have the requirement to designate what will go inside the greenbelt area except for the
commitment that it will not be pavement."
Mayor Stacy asked if we are seeing this Concept Plan because of the Specific Use Permit
requirement and if it has to have a Concept Plan go along with it? He stated, "They are
Regular City Council Meeting of October 19, 1999 Page 13 of 17
really two or three steps beyond the Concept Plan issue, fight? It is just that we require it
for a couple of buildings."
Councilmember Rex Potter stated, "This is already zoned industrial and it would not be
before the Council except for the Specific Use permit. Council would not look at the
Concept Plan nor would Council see the Site Plan except if you had a variance, which is
what he is asking for now."
Mr. Dorety stated, "I will commit to you now that that area is all "greenbelt" and it will
be extensively landscaped and will look very nice." Councilmember Edmondson stated,
"Even if that area is greater than the 747 s.f., your making the commitment that the entire
[island] area will be landscaped." She asked if he would be willing to work with our
Landscape Administrator as to what plantings would go there? Dorety stated that he
would be willing to work with the Landscape Administrator.
Mr. Dorety stated they need a variance between the driveways and for the stacking
requirement. He explained the request using the map provided and that this is item #3 in
the staff review comment,
Councilmember Rormie Kendall asked for Mr. Dorety's thoughts regarding the
recommendations made by the Planning and Zoning Commission, referencing the list of
items, including the size of the dogs.
Nancy Wallace, 14475 Tamarisk, Dallas. Ms. Wallace stated her request is for a kennel
with day care and hotel services for dogs 25 pounds and under. She stated she is excited
about the business and it is an upscale kennel. Ms. Wallace was asked to comment on the
amendments that were made by the Planning and Zoning Commission. She passed out an
article that she found in the Fort Worth Star Telegram in August, regarding this type of
facility and the need in Tan'ant County. The article stated as the author was doing the
research, she could not find a facility like this in Tarrant County that actually provided
day care for dogs. The concept for day care is the fact that the dogs will be left out and
not caged during the day. She stated if you think about dropping kids off for day care the
same is true for dogs. There is currently a facility in Carrollton such as this.
PUBLIC HEARING: No comments were made during the public hearing.
Motion was made to approve Resolution No. 99-74, (ZA 99-089), subject to Staff Review
Letter #2, dated October 1, 1999; giving relief on Item #3a and #3b; incorporating the
Planning and Zoning Commission recommendation with the exception of deleting the
requirement for the staff ratio as well as the period of performance for the SUP, removing
that limitation as well; confirming that the applicant as agreed to comply with all current
landscaping ordinance provisions, and agreed to work with the Landscape Administrator
on the island and landscaping it in its entirety; and if given the opportunity and if passing
the entrance exam, allowing at least two dogs at a time that exceed the twenty-five pound
requirement.
Motion: Potter
Regular City Council Meeting of October 19, 1999 Page 14 of 17
Second:
Ayes:
Nays:
Approved:
Edmondson
Potter, Edmondson, Fawks, Kendall, Moffat, DuPre, and Stacy
None
7-0 vote
Agenda Item #1 l-A, Discussion: Wal-Mart Seasonal Storage Issues
Zoning Administrator Karen Gandy stated she received a letter from Robert J. Collins,
the attorney for Wal-Mart stating he has discussed the temporary placement of trailers on
the Wal-Mart site in Southlake from mid-October to mid-December, 1999, and that the
discussion took place subsequent to the ordering of the trailers and the trailers have since
been delivered to the Wal-Mart site. Wal-Mart wishes to provide input in the discussions
involving the proposed ordinance regulating storage trailers and welcomes the
opportunity to work with the City of Southlake to reach an acceptable resolution to the
temporary trailer placement matter. Mr. Collins indicated that unless the outcome of the
discussions determines otherwise, 1999 would he the last year that the trailers will be
placed on the Wal-Mart site.
Ms. Gandy stated she understands that the storage trailers are going to be delivered in a
short time. They have made the commitment that if the City and Wal-Mart cannot come
to some resolution that this will be the last year and they will not he back with the storage
trailers, and they will eliminate their lay-away service.
Councilmember Gary Fawks stated, "It is my understanding Ms. Gandy, that our
ordinance currently makes no provision to allow placement of storage trailers on the lot."
Fawks suggested the storage facilities be removed as a right in the given categories fi.om
the ordinance, allowing Council to grant "Specific Use Permits" for outside storage
which would give Council the flexibility to address each individual circumstance. If
everyone agrees with this, it may be an easy way to work with this issue.
Ms. Gandy stated at this time there are a very few categories that permit outside storage
by right. Ms. Gandy stated she suggested Wal-Mart find space off-site to store the items
during this time of the year and that their policy is that the merchandise remain on site as
their insurance will not allow them to have items off-site. Mayor Stacy commented that
he does not know of affordable storage off-site that would be available for this use. It
would be a "big ticket" item and the space is not available. The mini-storage buildings
are not the answer.
Mayor Stacy commented that at this time Wal-Mart is bringing in $50,000 per month in
sales tax, and they are asking for the City's help for six or seven weeks per year. He
stated that they have come before for the city for the past several years asking for ways
that the City Council could work with them on this issue. This year they are saying, "Let
us get through this year and we won't ask you anymore."
Councilmember Ronnie Kendall asked the City Attorney if the letter the City received
from Wal-Mart is binding. Allen Taylor stated, "It serves as some moral ammunition
Regular City Council Meeting of October 19, 1999 Page 15 of 17
next year. Then you have this letter to hang in front of you saying, look, you told us in
writing last year that you would not be back. It is not binding, but it is useful."
Councilmember Rex Potter suggested that staff pull the minutes of the last meeting where
this issue was discussed and show them to Wal-Mart in an effort to remind them that
Council has talked about this before. Potter stated, "We know they bring in a lot of taxes
and we need to be forgiving, but how long do we go on being forgiving?" Mayor Stacy
stated he feels we need to he forgiving at least six weeks out of the year.
Agenda Item 0Il-B, Discussion: Real Estate Acquisition Policy
Director of Public Works Ron Harper stated the City has never had a written real estate
acquisition policy covering the procedures and policies to be followed by staff in
obtaining easements, rights-of-way, fee simple property and other real property. Council
and staff have always preferred a non-confrontational attitude by seeking to negotiate
until the properties or easements could be obtained. While this is still the preferred
alternative, it can be time consuming from a staff or agent basis and can cause delays in
project completion. He presented a draft of a real estate acquisition policy prepared by a
staff member with information taken from many local and distant communities. He
asked the City Council to review the information and make suggestions to staff of items
they wish to see incorporated into a policy for Southlake.
Mr. Harper asked the Council to bring their comments to him in the next week or so and
they will incorporate those comments into the policy prior to approval of the policy by
the next City Council meeting.
Agenda Item 0Il-C, Discussion: Process for Making Appointments to Boards and
Commissions.
City Secretary Sandra LeGrand stated this item is on the agenda at the request of
Councilmember Patsy DuPre who asked that the City Secretary's Office conduct a survey
of area cities' procedures for making appointments to their boards, committees and
commissions. An eleven-question survey was sent to the following fifteen cities: Allen,
Bedford, Blue Mound, Colleyville, Euless, Fairview, Flower Mound, Grapevine, Hurst,
Keller, Lewisville, McKinney, Roanoke and Trophy Club. Ten of the cities responded to
the survey and the results along with any sample applications and/or letters the cities
submitted with the survey were included in the Council packets.
Comments from Councilmembers indicate they would like to see changes to the
application that is used by Southlake to include: voter registration number, list all boards
and commissions on the application and have the application include how many meetings
the applicant has attended to the board they wish to serve on, and include if the applicant
has applied to boards and commissions in previous years.
Regular City Council Meeting of October 19, 1999 Page 16 of 17
The City Secretary stated as far as advertising, Council interviews, notification of
applicants appointed or not appointed, and other items listed in the survey, the City of
Southlake currently exceeds the other cities with this process. It was suggested by
Cotmcilmember Patsy DuPre that she would like to see Southlake conduct a Recruitment
Reception as a couple of other cities have done. DuPre suggested the letters written to
the applicants informing them of the results of the appointments be signed by the Mayor
as well as the City Secretary.
The direction given to the City Secretary is that the application be modified to include the
items listed above. The City is attempting to have all the boards and commission
appointments be made at the same time of year. Mayor Stacy stated he feels it would be
best if the time of year does not fall at election time.
Agenda Item #12, Adjournment.
The regular City Council meeting was adjourned by Mayor Rick Stacy at 9:50 p.m.
ATTE~.: k e/
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~andra L. LeGrand
City Secretary
N:\City Secretary~MlNUTES\cc-min- 10-19-99.doc
Regular City Council Meeting of October 19, 1999 Page 17 of 17
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OFFICE. OF C
October 27, 1999
Southlake City Council
1725 E. Southlake Blvd.
Southlake, TX 76092
Dear Mayor Stacy and members of the City Council:
This letter should serve as my official resignation from the Board of Directors for the Tax
Increment Reinvestment Zone Number One. I was appointed to the TIRZ Board of
Directors on November 5, 1997 when the City Council approved Resolution No. 97 -70,
appointing eight members to the Reinvestment Zone Board of Directors to include the
seven members of the City Council, and CISD Board President Buddy Luce.
The appointments to the TIRZ Board of Directors are reflective of the City Council
places. Since the Resolution No. 97 -70 specifically named the City Councilmembers
appointed to the TIRZ Board of Directors, I would like to resign from the Board. Over
the past several years, I have enjoyed working with the City of Southlake as a City
Councilmember and as a board member. If I can be of further assistance please do not
hesitate to call me.
Sincerely,
W , '
/
W. Ralph Evans