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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/ %'.-.......-' ~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 t"� C � l — 1, _ !t n I r \ ` , ' i ffT L 9 i----- i ii) 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