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1998-03-03 REGULAR CITY COUNCIL MEETING 667 NORTH CARROLL AVENUE, SOUTHLAKE MARCH 3, 1998 MINUTES COUNCILMEMBERS PRESENT: Mayor Rick Stacy; Mayor Pro Tem W. Ralph Evans; Deputy Mayor Pro Tem David Harris. Members: Scott Martin, Gary Fawks, Pamela Muller and Wayne Moffat. STAFF PRESENT: Curtis Hawk, City Manager; Shana Yelverton, Assistant City Manager; Darcey Imm, Assistant to the City Manager; Lou Ann Heath, Director of Finance; Bob Whitehead, Director of Public Works; Greg Last, Director of Community Development; Lauren Safranek, Director of Human Resources; Kevin Hugman, Community Services Manager; Shawn Poe, Capital Projects Coordinator; Ron Harper, City Engineer; Chuck Ewings, Assistant to the Public Works Director; Sean Leonard, Municipal Court Administrator; Ben Henry, Parks Planning and Construction Superintendent; Wayne 01son, City Attomey; and, Sandra L. LeG-rand, City Secretary. WORK SESSION: The work session began at 5:20 p.m., whereby items on the agenda were discussed by the City Council and staff. Discussion was held with regard to the salary of the judge of municipal court. ,," Councilmember Wayne Moffat asked to have the contract with the Fort Worth Star Telegram removed from the consent agenda and considered separately. Resolution No. 98-20, exemptions for homestead exemption for over 65 was discussed. Carolyn Moms, President of the Dominion Homeowners Association, was present and thanked the City Council and staff for listening to the problem of the homeowners, and for trying to help them work through the problem with drainage. She indicated the first solution to the problem is a retention pond as an amenity; second solution is a larger pipe. Ms. Morris referenced the down-pour of rain experienced last week and the problems that occurred because of the heavy rains. The Dominion homeowners are asking Timarron to extend the dike so that the water cannot get into the yards. She asked for a time schedule on the improvements to be made by Timarron. She indicated that Steve Yetts with Timarron is being a good neighbor to her development. Steve Yetts, Timarron-Westerra, stated, out of respect for the neighborhood, they have gone through a lot to try and rectify some of the problems. He stated they will start the work in the next two or three weeks. The time table will begin when the Developer Agreement is approved. The work session ended at 6:15 p.m. Agenda Item #1, Call To Order and Invocation The Regular City Council meeting was called to order at 6:15 p.m. by Mayor Rick Stacy. INVOCATION: Mayor Pro Tem W. Ralph Evans. Agenda Item #2-A, Executive Session Mayor Rick Stacy advised the audience that the City Council would be going into executive session pursuant to the Open Meetings Act, Chapter 551 of the Texas Government Code, Section 551.071, 551.072, 551.073, 551.074, 551.075, and 551.076, to seek consultation with our City Attorney regarding pending and contemplated litigations, to deliberate the purchase, exchange, lease or value of real property, a negotiated contract for a prospective gift or donation to the City, to deliberate the appointment and evaluation of public officials, to confer with one or more employees to received information from or to question the employees, and to deliberate the deployment, or specific occasions for implementation of security personnel or devices. Council adjourned into executive session at 6:17 p.m. Council returned to open session at 7:14 p.m. Agenda Item #2-B, Action Necessary/Executive Session No action was taken as the result of the executive session. Councilmember Wayne Moffat left the City Council meeting at this time, Agenda Item #3, Approval of the Minutes of the Regular City Council Meetings The Minutes of the Regular City Council meetings of February 3 and February 17, 1998 were approved as amended by the City Secretary. Motion: Harris Second: Martin Ayes: Harris, Martin, Evans, Fawks, Muller, Stacy Nays: None Approved: 6-0 vote Agenda Item #4-A, Mayor's Report Mayor Rick Stacy reported on the following items during the Mayor's Report: March 4, 1998, a Neighborhood Sewer Program meeting will be held for the residents in the Hillwood Estates and Dove Acres area of the City. The meeting will be held at Bicentennial Park in the Lodge, beginning at 7:00 p.m. Regular City Council Meeting Minutes of March 3, 1998 Page 2 of 19 March 5, 1998, a Neighborhood Sewer Program meeting will be held for Cross Timber Hills, which will begin at 7:30 p.m. in the Lodge at Bicentennial Park. March 11, 1998, a Texas Sister Cities organizational meeting will be held in Fort Worth from 12 noon to 4:00 p.m. Those Councilmembers interested in attending should contact the City Manager. March 11, 1998, 12:00 noon in the Administrative Building Conference Room, the Mayor Ad Hoe Committee will meet. This is a committee of Southlake ministers. March 24, 1998, Mid-Year Review will be held in the City Council Chambers of City Hall, from 7:00 p.m. to 10:00 p.m. Three items will be discussed: Financial Review including a discussion on this year's audit; The status of Public Works and update emphasizing the storm water drainage utility district and master plan; also, the Economic Development plans. April 4, 1998, the Economic Development coordinator will assist the Southlake Chamber of Commerce in hosting Southlake's first business expo, scheduled to be held in the Food Lion building on F.M. 1709. March 30, 1998, Partners in Mobility will make an appearance before the Texas Department of Transportation Commission in Austin. Partners in Mobility will make its annual presentation of the Dallas-Fort Worth area needs to the Commission at 9:30 a.m. The City Manager indicated he will be going and would like for Councilmembers to attend as well. Contact the City Manager for details. Agenda Item 04-B, City Manager's Report During the City Manager's report, Curtis Hawk, commented with regard to the Southlake appearance before the Texas Department of Transportation Commission in Austin, stating it is important that Southlake be well represented because of our current issues, including the right- of-way for White Chapel acquisition. Hawk noted he and Councilmembers can go down and back in one day. Councilmembers Scott Martin and Pamela Muller indicated they would like to attend. Agenda Item 04-C, SPIN Report No report was given tonight. Agenda Item #5, Consent Agenda The following items were presented under the consent agenda: 5-B. Authorization to advertise for bids for a replacement mowing tractor for Public Works, Street/Drainage Division. Regular City Council Meeting Minutes of March 3, 1998 Page 3 of 19 Change Order No. 1, 24-inch water transmission line from Pump Station No. 2 to East Dov~ Street connection providing for maintenance valves and additional rehabilitation to street pavement. Authorize the Mayor to enter into a commercial developer agreement for the Courtyard at Timarron located at the southeast comer of the intersection of South White Chapel Boulevard and East Continental Boulevard. 5-E. Award of bid to Paveway Concrete Projects Inc., for fencing at Bicenennial Park water tower. 5-F. Resolution No. 98-15, Approving actions taken by the Tarrant Appraisal District Board of Directors to acquire property and construct an office facility for district operations. 5-G. Resolution No. 98-16, Abandoning a temporary construction easement at Lots 5 and 6, Block 6, Diamond Circle Estates. 5-H. Endorse bylaw amendments for North Central Texas Council of Governments as recommended by the Executive Board. Resolution No. 98-18, Amending and reducing the extraterritorial jurisdiction of the City of Southlake and consenting to the expansion of the extraterritorial jurisdiction of the City of Grapevine. Resolution No. 98-19, Initiating annexation proceedings of the railroad crossings at Bmmlow Avenue and Kimball Avenue. 9-A. Resolution No. 98-14, Setting the salary of the Municipal Court Judge and the Alternate Judge of Municipal Court, as described in Section 1 of Ordinance No. 522-A. 9-8. Resolution No. 98-20, Providing for exemptions for residential homesteads for persons sixty-five (65) years of age and older, and for exemptions of residential homesteads of disabled persons from City ad valorem taxes. 10-A. Authorize the Mayor to enter into a developer agreement for Timarron Wyndsor Grove, Phase II, located at the northwest comer of the intersection of Byron Nelson Parkway and East Continental Boulevard. Motion was made to approve the consent agenda including the following items: #5-B, #5-C, #5- D, #5-E, #5-F, #5-G, #5-H, #5-1, #5-J, and, items #9-A, inserting the amount to be paid to the judge is $3,000 per month and $65.00 per arraignment for the alternate judge with $250. per court session; #9-B, inserting $75,000 for homestead exemption for persons age 65 and older and and $75,000 exemption for disabled persons; #10-A, as modified to reflect the location being Byron Nelson Parkway and East Continental Boulevard. Motion: Harris Regular City Council Meeting Minutes of March 3, 1998 Page 4 of 19 Second: Martin Ayes: Martin, Evans, Harris, Fawks, Muller, Stacy Nays: None Approved: 6-0 vote Councilmember Martin thanked Steve Yetts with Timarron for their willingness to work the the residents of the Dominion on the drainage issue. ADDITIONAL INFORMATION ON CONSENT AGENDA ITEMS Advertise for bids for a replacement mowing tractor for public works, street/drainage division. While a contractor maintains much of the ROW, the City is often responsible for a large portion of the ROW within the City. The 1997-98 budget provides $16,000 for the purchase of a replacement mowing tractor with the tractor being a small, 40 horse- powered type. Change Order No. 1 to the 24-inch water transmission line contract from Pump Station No. 2, to the east Dove Street connection, providing for maintenance valves and additional rehabilitation to the street pavement, Tarrant County plans to rehabilitate North White Chapel Boulevard from SH 114 to the Denton County line. A portion of roadway north of that line will be disturbed due to the installation of the proposed 24- inch transmission line. This change order includes the rehabilitation of those portions in Denton County. The mount of the change order is $14,820, making the total cost of the project $774,670. This amount is less than $15,000 and can be approved by the City Manager, however, since the change order amount is near $15,000, staff recommends Council approval. Commercial Developer Agreement for The Courtyard at Timarron. The usual conditions for cash escrow, letters of credit, performance bond or payment bond are included in this agreement. This is a standard developer agreement: INFRASTRUCTURE- The only infrastructure to be constructed for this project consists of a sanitary sewer extension and water line extension. The water line extension is primarily to provide fire protection. PARK FEE- This property was final platted on June 20, 1995, therefore, the Developer is not required to meet with the Park Board and is to be assessed a park fee of $500 per acre for a total of $2,425 (4.85 acres at $500 per acre). Award of bid to Paveway Concrete Products, Inc. for fencing at Bicentennial Park water tower. When the City Council considered granting a lease agreement to the telecommunications companies desiring to place antennas on the Bicentennial Park water tower, there was discussion with them conceming their participation in screening with landscaping and fencing. The City has received bids for fencing and recommends the low bidder, Paveway Concrete Products, Inc, at a bid price of $49.50 per linear foot. The Regular City Council Meeting Minutes of March 3, 1998 Page 5 of 19 only other bidder, Superior Concrete Fence, Inc, quoted a price of $56.00 per linear foot. Fencing will be constructed of a stone molded, prefabriated concrete wall, similar in construction type to that used at the Pearson Lane ground water storage tank. Landscaping plans are still being developed, but staff does not expect the additional landscaping to exceed a total cost of $5,000. Resolution No. 98-15, Supporting the actions taken by the Tarrant Appraisl District Board of Directors in acquiring property and construction of an office facility for district operations. Resolution No. 98-16, Abandoning a temporary construction easement at Lots 5 & 6 Block 6, Diamond Cimle Estates. Prior to the installation of a sanitary sewer line to serve the dental office east of Diamond Circle Estates on Southlake Boulevard, Mr. Frank Putt, owner of Lots 5 & 6 Diamond Circle Estates, granted a temporary construction easement to facilitate the construction of the sewer line. The easement did not specify when it would be terminated. Therefore, this resolution and quitclaim will terminate said easement and return all fights to the owner. Endorse bylaw amendments for the North Central Texas Council of Governments as recommended by the Executive Board. The Executive Board of the NCTCOG is recommending two bylaw amendments to its membership. The Board wishes to increase the size of the Executive Board from 11 to 13 members and assure representation from member governments of varying population categories. The Board would also like to pursue amendments to the bylaws which will ease the process of amending the bylaws. The current requirements are onerous, since a majority of the membership must approve the changes but the amendments may not be addressed by the General Assembly. The proposed method would provide that the bylaws be eligible for amendment at the General Assembly meeting by a affirmative vote of 75% of the membership present, provided said amendment has been submitted to the Executive Board 60 days prior to the date of the General Assembly to allow for publication and placement on the General Assembly agenda. Resolution No. 98-18 and No. 98-19, Resolutions of the City of Southlake amending and reducing the extraterritorial jurisdiction of the City of Southlake. The cities of Grapevine and Southlake agree that the extraterritorial jurisdiction of the City of Southlake be reduced in order to allow the expansion of ETJ of the City of Grapevine. This portion of the railroad right-of-way along SH 26 has never been annexed by the City of Southlake or the City of Grapevine. Neither has previously attempted to annex this property, primarily due to the cost of maintaining the crossings and other considerations. The City of Southlake will release any interest in the ETJ to Grapevine, providing them with a clean annexation in the area of overlapping ETJ's. Resolution No. 98-14, Setting the salary of the Judge of Municipal Court and Alternate Judge of the Municipal Court as described in Section 1 of Ordinance No. 522-A. Council approved setting the salary of the Judge of Municipal Court at $3,000 per month. The Regular City Council Meeting Minutes of March 3, 1998 Page 6 of 19 IO-A. salary of the Alternate Judge of Municipal Court is set at $65 per visit and $250 per court session. Resolution No. 98-20, Amending the Over-65 Homestead Exemption and Disability Homestead Exemption. Council approved mending the amount of over-65 homestead exemption to $75,000 and the disability homestead exemption to $75,000. This raised the amounts from the current $50,000 for each exemption. The amounts must be filed with the Tarrant Appraisal District by March 30, 1998 for implementation in FY 1998- 99. Developer Agreement for Timarron, Wyndsor Grove, Phase 2. There are three items that need special attention: LIABILITY- The Developer will be constructing an off-site storm sewer line within an existing drainage easement. The Developer will take extraordinary care while constructing within this easement and where the culvert enters the Dominion Pond B. Since the Developer did not construct the pond walls in Dominion, they wish to limit their liability. Their wish is not to be obligated to long term responsbility for the portion of the all that needs to be modified. Another issue for the Developer is the presence of a structure within the drainage easement. The Developer will exemise extreme caution while constructing adjacent to this structure, but they do not want to be liable for any damages, since the structure encroaches into the easement. The language agreed to by the Developer's attorney and the City Attorney is incorporated in the Developer Agreement as Section III,B. OFF-SITE DRAINAGE- The Developer will be installing two segments of off-site drainage. The first is the drainage system into Phase 1 of Wyndsor Grove. This extension will affect the four (4) lots adjacent to Phase 1 and adjacent to the Dominion Addition. The second is the installation of an underground culvert within the existing drainage easement extending from this project to the Dominion Pond B. At the request of the City and the Dominion Homeowners Association, this culvert will be installed rather than using the existing surface drainage system. In consideration of these two off-site drainage segments, the City will participate in the cost of construction. The City will reimburse the Developer, by means of fee credits, for the following items: a) backyard drain-Phase 1; b) off-site culvert; and, 3) work site allowance (25% not to exceed $10,000). In addition, the Developer will reduce the City's share in an amount that would have been spent to improve the off- site drainage swale ($20,000). The maximum obligation to the City will be $48,000. Rather than direct reimbursement, the City will grant the Developer a credit towards Regular City Council Meeting Minutes of March 3, 1998 Page 7 of 19 administrative and inspection fees (5%). The estimated fees for this phase are $37,063. The additional credit of$11,037 will be applied to future Timarron phases. PARK FEES- The Developer met with the Park Board on February 9, 1998, to discuss park dedications. The dedication requirement for this project of 1.525 acres of land or $61,000. The Park Board has recommended that the Developer be given credit for trails and improved open space in the amount of $1,176. The rema'mder ($59,824) will be paid in fees. Agenda Item #5-A, Renewal Contract for Legal Publications The current contract for the city's legal publication expired the end of February, 1998. The City first designated the Fort Worth Star-Telegram as the legal publication in 1988, as it was one of the newspapers in the area that met the requirements of the City of Southlake Home Rule Charter and the State statutes. The differences in the new rates vs. the old rates are included in the information provided to the City Council. Motion was made to approve the renewal contract between the City of Southlake and the Fort Worth Star Telegram, beginning March 1, 1998 and ending on February 28, 1999. Motion: Harris Second: Evans Ayes: Harris, Evans, Fawks, Muller, Martin, Stacy Nays: None Approved: 6-0 vote Curtis Hawk, City Manager, made general comments regarding the approval of agenda itc~rn #7- A, through item #7-E, noting, the North Central Texas Council of Governments has long encouraged city governments in our 16-county COG region to standardize their codes. Standardization of the enforcement of the construction codes from jurisdiction to jurisdiction makes it easier for developers, builders, and others to cross jurisdictional lines and understand the codes in effect. The NCTCOG Codes Committee recommends the model codes used by Southlake, and the vast majority of cities in our region, as well as the majority of cities in the United States. In addition to the model codes, NCTCOG recognizes that many jurisdictions need to pass local amendments to the codes to strengthen various provisions for public safety reasons particuiar to the area or locality. Local Amendments most always are used to strengthen the codes, since the model codes are considered to be the minimum requirements recognized nationally as good practice for the safeguarding of life and property from the hazards of the use or occupancy of buildings or premises. Agenda Item #7-A, Ordinance No. 693, 2nd reading, Uniform Buiding Code, 1997 Edition Ordinance No. 693, 2nd reading, Adopting the Uniform Building Code, 1997 Edition with local amendments. Curtis Hawk, City Manager, stated, the 1997 Uniform Building Code establishes minimum standards for building construction. The sections pertaining to residential fire sprinkler systems have been removed at the request of the Fire Services Division until they Regular City Council Meeting Minutes of March 3, 1998 Page 8 of 19 complete their research regarding the residential sprinkler systems. Mr. Hawk noted, Paul Ward, Building Official is present to answer specific questions from Council. PUBLIC HEARING: No comments were received during the public hearing. Motion was made to approve Ordinance No. 693, 2nd reading, Uniform Building Code. Motion: Harris Second: Martin Mayor Rick Stacy read the caption of the ord'mance. Ayes: Harris, Martin, Evans, Fawks, Muller, Stacy Nays: None Approved: 6-0 vote Agenda Item #7-B, Ordinance No. 694, 2na reading, International Mechanical Code 1996 Edition with Local Amendments Curtis Hawk, City Manager, stated Ordinance No. 694, 2na reading, International Mechanical Code 1996 Edition with local amendments is before Council, noting, this code is the combined effort of the three nationally recognized code groups of the United States. The differencedin the new code were discussed at length in committee meetings at the North Central Texas Council of Governments. The proposed ordinance adopts the 1996 Mechancial Code with the 1997 supplement which are amendments voted into the Code by the International Codes Council. PUBLIC HEARING: No comments were made during the public hearing. Motion was made to approve the 2nd reading of Ordinance No. 694, International Mechanical Code, 1996 Edition with local amendments, as recommended, including the change noted on page 7-B, 15. Motion: Harris Second: Martin Mayor Rick Stacy read the caption of the ordinance. Ayes: Harris, Martin, Evans, Fawks, Muller, Stacy Nays: None Approved: 6-0 vote Agenda Item #7-C, Ordinance No. 695, 2na reading, International Plumbing Code, 1997 Edition with Local Amendments. Curtis Hawk, City Manager, introduced Ordinance No. 695, second reading, stating one major advantage of this new code is that it recognizes different design approaches to plumbing systems and therefore tends to be more flexible. By permitting the use of venting systems, there is a potential cost savings of several hundred dollars in a typical residential installation. Bob Whitehead, Director of Public Works, called Council's attention, to page 7C-8, of the Plumbing Code, the local amendment 312.9, inspection and testing of back flow prevention assemblies. As discussed in the work session Council will have the cross-connection control Regular City Council Meeting Minutes of March 3, 1998 Page 9 of 19 ordinance for first reading. This section is a reference from the plumbing code to the cross- connection control ordinance. What he wants to point out is that testing shall be done and the cross-connection ordinance will provide the steps and means that people need and how to go about with the inspection program. He suggested that the sentence be stricken, beginning with "in the absence of local provisions ...... ." Mayor Stacy stated he is not opposed to having the back-flows checked. If we are going to require inspections, he feels the City should have someone trained to do the inspections. Councilmember Martin stated he feels it would be beneficial for our staff members to be trained and certified to make these inspections. PUBLIC HEARING: No comments were made during the public heating. Motion was made to approve Ordinance No. 695, 2nd reading, modifying Section 312.9 to delete the following sentence, "in the absence of local provisions the owner is responsible to insure that testing is done in accordance with the following provisions." Motion: Harris Second: Fawks Mayor Stacy read the caption of the ordinance. Ayes: Harris, Fawks, Muller, Martin, Evans, Stacy Nays: None Approved: 6-0 vote Agenda Item #7-D, Ordinance No. 692, 2nd reading Uniform Housing Code, 1997 Edition with Local Amendments Curtis Hawk, City Manager, presented Ordinance No. 692, 2nd reading, Uniform Housing Code, 1997 Edition with Local Amendments, noting the Uniform Housing Code provides minimim standards for regulating and controlling the use and maintenance of all residential buildings and structures within the City. Local amendments to the code substitute our own procedures for abatement of substandard structures by the Building Official and by the Building Board of Appeals. PUBLIC HEARING: Keith Turner, 1027 East Continental Boulevard, Southlake. Mr. Turner stated he feels the fines are too high in the ordinance. Curtis Hawk, City Manager, replied that the ordinance stated the maximum fine but the judge of municipal court will determine the amount of the fine. City Attorney Wayne Olson answered questions for Mr. Turner with regard to the method fines are set in municipal court. Motion was made to approve Ordinance No. 692, 2na reading, Uniform Housing Code. Motion: Fawks Second: Martin Regular City Council Meeting Minutes of March 3, 1998 Page 10 of 19 Mayor Rick Stacy read the caption of the ordinance into the record. Ayes: Fawks, Martin, Hah'is, Evans, Muller, Stacy Nays: None Approved: 6-0 vote Agenda Item #7-E, Ordinance No. 697, 2nd reading, Establishing Regulations Applicable to Substandard and Dangerous Buildings, Repealing Ordinance No. 615. Curtis Hawk, City Manager, presented Ordinance No. 697 for second reading, Establishing Regulations applicable to Substandard and Dangerous Buildings. He stated, the adoption of this ordinance will repeal the existing ordinance and establish new regulations. Many of the changes were made to ensure that the City is complying with State statue requirements of Chapter 214 of the Local Government Code. Bob Whitehead, Director of Public Works, called attention to page 7E-9 saying it should read the "building code" or the "housing code," now that the housing code is being considered. PUBLIC HEARING: No comments were made during the public hearing. Motion was made to approve Ordinance No. 697, 2nd reading as amended. Motion: Martin Second: Evans Mayor Rick Stacy read the caption of the ordinance into the record. Ayes: Martin, Evans, Harris, Fawks, Muller, Stacy Nays: None Approved: 6-0 vote Agenda Item #7-F, Ordinance No. 622-A, 2nd reading, Providing Changes to the Building Board of Appeals Curtis Hawk, City Manager, stated Ordinance No. 622-A, amends Ordinance No. 622, providing changes to the Building Board of Appeals (BBOA). He noted the International Conference of Building Officials publishes the Uniform Housing Code to provide minimtun standards for regulating and controlling the use and maintenance of all residential buildings and structures within the City. Local amendments to the code substitute our own procedures for abatement of substandard structures by the Building Official and by the Building Board of Appeals. The BBOA met on January 12, 1998, to consider the new code and has recommended approval for adoption with local amendments. PUBLIC HEARING: No comments were made during the public hearing. Motion was made to approve the 2na reading of Ordinance No. 622-A, as presented. Motion: Harris Second: Evans Mayor Rick Stacy read the caption of the ordinance into the record. Ayes: Harris, Evans, Martin, Muller, Fawks, Stacy Regular City Council Meeting Minutes of March 3, 1998 Page 11 of 19 Nays: None Approved: 6-0 vote Agenda Item #7-G~ ZA 97-169, Concept Plan for The Roomstore ZA 97-169, Concept Plan for The Roomstore, on property legally described as being Lot 1, Block 2, Village Center, Phase 2, an addition to the City of Southlake, Tarrant County, Texas, according to the plat recorded in Cabinet A, Slides 3095, and 3096, Plat Records, Tarrant County. Current zoning is "C-3" General Commercial District. Applicant: The Boerder-Snyder Group, Inc. Owner: The Roomstore. Karen Gandy, Zoning Admiminstrator, commented that eight (8) notices were sent to property owners within the 200' notification area and no written responses have been received. Ms. Gandy stated this item has gone before the Planning and Zoning Commission on January 8, 1998, and was approved (6-0) with a motion to table and to continue the public hearing at the January 22, 1998, Planning and Zoning Commission meeting because the applicant was not present. The item returned to the Planning and Zoning Commission on January 22, 1998, was approved (7-0) vote to table and to continue the public heating at the February 19, 1998 Planning and Zoning Commission meeting. On February 19, 1998, the Planning and Zoning Commission voted (6-0) vote to deny this request. It was noted that the applicant has since found a way to modify their driveways and this is reflected on the plan before the City Council. Since this item involves a concept plan issue, and not a zoning issue, a simple majority rather than a super majority is all that is required for City Council approval. David Harris commented that it was his understanding that the applicants were unwilling to modify their plan for the Pla~ing and Zoning Commission. Greg Last, Director of Community Development, stated they need to add one item to the staff review summary, which will be item #11, regarding the front series of parking stalls and two additional landscape islands are required in that series of parking stalls. They are required to have twenty-three sq.ft, of landscaped area per parking stall. It must be located within the row of parking. He stated they did not have the opportunity to add the comment prior to this meeting. Last stated he has talked to the applicant with regard to this issue. Tom James, 3771 Towns, Dallas. Mr. James stated he is present representing The Roomstore. He stated he spoke briefing with Mr. Last prior to the meeting and that he left out the dumpster location which they will include. They do have the ability to provide the island landscaping and they do have the ability to adjust their parking, adding two spaces. He asked that Council approve their plan. He added, they will meet any and all ordinances, codes and etc. They are ready to get on with this project. Mayor Stacy asked Mr. James why they were not cooperative with the Planning and Zoning Commission. Mr. James stated they felt that they met the spirit of the ordinances; they did not meet the letter of the law. He stated because they had a right angle in that stacking lane, it was disapproved. The ordinance was not clear with regards to the stacking lane. He stated that now they have met the ordinance. Regular City Council Meeting Minutes of March 3, 1998 Page 12 of 19 Don Silverman, Midland Group. Mr. Silverman was present as the developer for Village Center Addition. He asked Council to consider the item before them tonight for Lot 1, Block 2, of Village Center, Phase 2. Councilmember Fawks stated he feels this item should go back to the Plann'mg and Zoning Commission for approval of this new plan. Mr. James stated they have done sixty-one (61) drawings of this store to date. They would like to move forward with this plan. Gene Boarder, Dallas Architect, Dallas. addressed Council with regard to The Roomstore plan stated they are required have 10, 700 sq.ft, of landscaped area. They have 4,000 sq.ft, to work with. Councilmemb~r MarVin stated Council has the second review process through the site plan and it has to go before the Planning and Zoning Commission and the City Council again. Mr. Martin said, "The concept plan is where we try to work out the concept. We wait to work out the details until the Site Plan. "He feels Council should move ahead. He stated he believes we have the safeguard with the site plan. PUBLIC HEARING: No comments were received during the public hearing. Couneilmember Gary Fawks asked the question," If we move forward tonight and they agree to meet the requirements of the ordinances, what comfort does Council have that Council will be airight with the changes, even though they have not seen the changes?" Greg Last, Director of Community Development, stated, the developers have committed on tape that they will comply with the codes and ordinances of the City with regard to this project. If they don't, staff will comment at the Site Plan Review stage. Motion was made to approve ZA 97-169, Concept Plan for The Roomstore, pursuant to the Concept Plan Review Summary No. 2, dated February 27, 1998; allowing the bufferyard on referenced items #lA and B to be as shown and presented on the document this evening; accepting the acknowledgment of the applicant that he will add two landscape stalls on the south property area; as well as his acknowledgment that he will add the screened dumpster within the legally defined areas and screen it appropriately; as well as acknowledging that he will meet the masonry screening for the loading dock area for the store. Noting that he will still provide the required two additional parking spaces. Motion: Martin Second: Evans Ayes: Martin, Evans, Harris, Fawks, Stacy Nays: Muller Approved: 5-1 vote Regular City Council Meeting Minutes of March 3, 1998 Page 13 of 19 Councilmember Fawks stated some of the concerns that Council expressed with the size of the buildings and what they were trying to accomplish on too small a site would be addressed if moved forward with the impervious coverage issue that is on the agenda tonight. Agenda Item #7-H, ZA 98-004, Site Plan for the Village at Timarron, Phase II ZA 98-004, Site Plan for the Village at Timarron, Phase II, on property legally described as a portion of Lot 2 and Lots 3 & 4, Block 60, Timarron Addition, an addition to the City of Southlake, Tarrant County, Texas, according to the plat recorded in Cabinet A, Slide 3675, Plat Records, Tarrant County, Texas, and being approximately 4.94 acres situated in the O.W. Knight Survey, Abstract No. 899. Current zoning is "R-PUD" Residential Planned Unit Development District, with "C-2" Local Retail Commercial District uses. Applicant: Venus (Drews) Partners V, L.P. Owners: Venus (Drews) Partners V, L.P. and Westerra Timarron, L. P. Karen Gandy, Zoning Administrator, commented that eight (8) notices were sent to property owners within the 200' notification area and no written responses have been received. Ms. Gandy stated the applicant has met all the requirements of Site Plan Review Summary No. 1 and No. 2 with the exception of those requirements in the Site Plan Review Summary No. 3 dated Febraury 27, 1998. Greg Last summarized the issues noted from the last City Council meeting: Item #i-A, Item #l-C, Item #l-D, The developer needs relief from the required plantings as shown on the plat with the exception of canopy trees -15 instead of 14; the accent would be 22 and the shrubs 119. Previously noted there was a discussion about the south bufferyard on the south whole property to be deferred until the development of Phase III.The commission concurred with that; Mr. Drews requested this as well on this phase. Interior bufferyards required between Phase I and Phase II interior to the properties. During that discussion, he added an island between the parking stalls, as well, and had some additional landscape areas west of his buildings, west of Byron Nelson Parkway. He needs relief on this as well. PUBLIC HEARING: No comments were made during the public heating. Motion was made to approve ZA 98-004, Site Plan for the Village at Timarron, Phase II, pursuant to the Site Plan Review Summary No. 3, dated February 27, 1998; allowing the plantings in item #1 as submitted and discussed this evening; allowing the deferral of the 5' bufferyards on the border between Phase I and Phase III to a later date when they develop Phase III; forgiving item #1D; accepting the applicants agreement that there will be no additional dumpsters in reference to item g4; and, allowing the articulation as submitted; item #lA, 15 canopy trees, 22 accent trees and 119 shrubs plus additional annuals and ground covers. Motion: Martin Regular City Council Meeting Minutes of March 3, 1998 Page 14 of 19 Second: Evans Ayes: Martin, Evans, Fawks, Harris, Muller, Stacy Nays: None Approved: 6-0 vote Agenda Item #8-A~ ZA 98-005, Plat Revision for Lots 2R and 3R, Block 60, Timarron Addition, Phase V. ZA 98-005, Plat Revision for Lots 2R and 3R, Block 60, Timarron Addition, Phase V, being a revision of Lots 2 and 3, Block 60, Timarron Addition, Phase V, an addition to the City of Southlake, Tarrant County, Texas, according to the plat recorded in Cabinet A, Slide 3675, P.R.T.C.T. Location: Southeast comer of the intersection of East Southlake Boulevard (F.M. 1709) and Byron Nelson Parkway. Current zoning is "R-PUD" Residential Planned Unit Development District with "C-2" Local Retail Commercial District uses. Owners: Venus (Drews) Partners, V, L.P. and Westerra Timarron L.P. A presentation was not made for this agenda item as it was the same as in agenda item #7-H. Motion was made to approve ZA 98-005, Plat Revision for Lots 2R and 3R, Block 60, Timarron Addition, Phase V, subject to the Plat Review Stmanary No. 2 dated February 13, 1998. Motion: Harris Second: Martin Ayes: Harris, Martin, Evans, Fawks, Muller, Stacy Nays: None Approved: 6-0 vote Council adjourned to recess at 9:20 p.m. Council returned to open session at 9:35 p.m. COUNCILMEMBER WAYNE MOFFAT RETURNED TO THE COUNCIL MEETING Agenda Item #8-B, Ordinance No. 480-271, 1st reading (ZA 98-003) Ordinance No. 480-271, 1st reading, (ZA 98-003), Rezoning on property legally described as approximately 4.005 acres situated in the Thomas M. Hood Survey, Abstract No. 706, and being Tract 3D. Current zoning is "AG" Agricultural District with a requested zoniong of "SF-1A" Single Family Residential District. Applicant: Darrell Lake. Owners: Don W. Moilan, Jr. and Mary E. Moilan. Karen Gandy, Zoning Administrator, stated eighteen (18) notices were sent to property owners within the 200' notification area and nine (9) responses have been received in writing, including: Don W. and Mary E. Moilan, 1425 North Peytonville Avenue, Southlake, Texas, in favor, "the rezoning will add to the beautification of the Coventry Addition, thus increasing its market value and eye appeal."; James A. Russell (Southlake- Coventry, Ltd.) 16250 Dallas Parkway Suite 210, Dallas, Texas, undecided; Timothy Orfield, 1603 Kings Court, Southlake, in favor; David and Laura Hill, 2200 Yorkshire Regular City Council Meeting Minutes of March 3, 1998 Page 15 of 19 Court, Grapevine, Texas, opposed; Mark and Janet $chmidt, 1602 Devon Court, Southlake, Texas, opposed; Todd Murphy, 1600 Kings Court, Southlake, Texas, opposed; Randolph J. Bradley, 1375 North Peytonville Avenue, Southlake, Texas, in favor; Mark and Terri Messing, 1505 Covertry Lane, Southlake, Texas, undecided; Richard and Annette Borkowski, 1201 Cypress Creek Circle, Southlake, Texas, undecided. Seven (7) responses were received from outside the 200' notification area. This information is included in the zoning records of the City. Darrell Lake, Southridge Lakes Addition, was present and stated his intentions are to build one home on the back three acres of this property. He stated he intends to build the residence behind the group of trees on the property. Motion was made to approve Ordinance No. 480-271, 1st reading. Motion: Harris Second: Evans Mayor Rick Stacy read the caption of the ordinance. Ayes: Harris, Evans, Fawks, Muller, Moffat, Martin, Stacy Nays: None Approved: 7-0 vote Agenda Item #8-C~ ZA 98-008, Plat Showing for Lots 11 and 12~ T.M. Hood No. 706 Addition ZA 98-008, Plat Showing for Lots 11 and 12, T.M. Hood No. 706 Addition, on property legally described as approximately 4.005 acres situated in the Thomas M. Hood Survey, Abstract No. 706, and being Tract 3D. Current zoning is "AG" Agricultural District. Applicant: Darrell Lake. Owners: Don W. Moilan, Jr. and Mary E. Moilan. Karen Gandy, Zoning Administrator, commented that the same eighteen (18) notices were sent to property owners within the 200' notification area and the five (5) responses have been received. Motion was made to approve ZA 98-008, subject to Plat Review Summary No. 1 dated February 27, 1998; modifying comment #9 as shown but allowing the panhandle width to be on the north end of the property to be taken to 35' from 40' at the request of the applicant; also, allowing comment #11 as shown. Motion: Harris Second: Martin Ayes; Harris, Martin, Evans, Fawks, Muller, Moffat, Stacy Nays: None Approved: 7-0 vote Agenda Item #8-D, Ordinance No. 698~ 1st reading, Calling a Special Election for May 2~ 1998, for the purpose of Amending the Home Rule Charter. Regular City Council Meeting Minutes of March 3, 1998 Page 16 of 19 Curtis Hawk, City Manager, introduced Ordinance No. 698, 1st reading, calling a special election for May 2, 1998, for the purpose of amending the Home Rule Charter. Hawk stated the Charter Review Committee has completed the task Council assigned them in January. Through their hard work, they have reviewed the charter and recommended changes to it, in only three meetings, allowing staff to move forward with presenting the amendments to voters in May 2. There are a number of changes which Council and staffhave long wanted to incorporate into the Home Rule Charter. The committee reviewed the changes that were recommended by the Council committee late last year. Some of these recommendations, such as compensation for City Councilmembers and the elimination of term limits, the committee did not recommend taking to the voters. There was much discussion regarding these and the other items. Mayor Rick Stacy commented as discussed in work session, he feels obligated to say one more time, his position on the Charter amendments. The committee did a good job putting together the items they thought would be easy to be approved. One of the challenges sent to them was to consider elimination of term limits and to consider compensation for the City Council. His interest is very simple on both items. He stated he thinks sooner or later it will be in the best interest of the community to eliminate term limits. At some point, it will be hard to get people in Southlake who will be willing to serve. In his mind it is great to have fresh new ideas, but it is also good to have continuity. He used Ralph Evans as an example. Mr. Evans has served on the Council for two consecutive terms and is not eligible to serve another term. He would have to sit out for a year before he could nm for elective office again. The Mayor stated if people want to reelect Mr. Evans again, they should have that opportunity, and they do not have that opportunity with our present term limits. He stated he feels the Charter is taking away that fight of the voter. He stated he feels the same way about compensation for Cotmcilmembers. There may be people who would like to run for elected office, but have other needs and cannot afford to pay the expenses that go along with being on the Council at the same time. Councilmember W. Ralph Evans stated the committee did consider both of those points and the committee members who are on the council were not able to get a consensus on these issues. He thinks that voters will say if they want a persons to remain in office. Councilmember Pamela Muller stated she supports term limits. She feels the term limits should remain in the Charter. There were many discussions when the charter was first written. She stated in the past, the City has had such a small population to draw candidates from, and now there are much more to draw from since as there are many qualified people in the city. Councilmember David Harris stated there is a mechanism that automatically kicks into place that removes the ability of the people to put someone back on Council if they feel it is appropriate to do so. Councilmember Scott Martin stated during the review process of the proposed amendments, the Committee voted on each individual item on the list and they voted up and down. He stated he voted against some and he voted for some. When it was all Regular City Council Meeting Minutes of March 3, 1998 Page 17 of 19 done, he signed the document that came forward to Council. He stated, "We have six good proposals before them, and if we fail with these, we will have to wait along time for another charter election." Curtis Hawk, stated, if all items fail, they can be brought back in six (6) months with another election. If one (1) item passes, another charter amendment election cannot be held for two (2) years. Motion was made to approve Ordinance No. 698, 1St reading, with the recommendation of the Charter committee, adding a proposition that would provide that either the limits of Council be removed or that term limits apply to all elected positions. (Standardize term limits for all elected officials). Motion: Moffat Second: Harris Mayor Rick Stacy read the caption of the ordinance. Ayes: Moffat, Harris, Evans, Stacy Nays: Martin, Fawks, Muller Aproved: 4-3 vote Agenda Item #8-E, Ordinance No. 699, 1st reading, Approving a Cross-Connection Control Policy Bob Whitehead, Director of Public Works, introduced Ordinance No. 699, Ist reading, stating a cross-connection is defined as an actual or potential direct or indirect connection between a potable water supply and non-potable water (any water suspected or containing any pollutant or contamination). The greatest concern is cross-connection in an industrial or commemial building; hospitals or medical facilities; and schools. He stated, the Texas Natural Resources Conservation Commission requires back flow protection for cross-connections. Title 30 of the Texas Administrative Code states, "no water connection from any public drinking water supply system shall be made to any establishment where an actual or potential contamination or system hazard exists without an air gap separation between the drinking water supply and the source of potential coat amination." The City of Fort Worth has adopted a cross-connection policy and the City of Southlake must adopt similar water distribution policies, according to the water purchasing contract. Mr. Whitehead noted, this proposed policy does not require that a large back flow preventer be installed at the curb. Smaller back flow assemblies installed within the interior of the structure are sufficient. Builders often install interior devices to protect the flow of water within the building. A back flow device is not always required if the system is properly designed to provide a continuous flow. Mr. Whitehead stated the City Attorney is reviewing the ordinance and will have comments and an updated draft prepared for the Council meeting on March 3, 1998. Motion was made to approve Ordinance No. 699, 1 st reading, incorporating the changes noted. Motion: Harris Second: Evans Mayor Rick Stacy read the caption of the ordinance. Regular City Council Meeting Minutes of March 3, 1998 Page 18 of 19 Ayes: Harris, Evans, Fawks, Muller, Moffat, Martin, Stacy Nays: None Approved: 7-0 vote Agenda Items #11-A and 0Il-B: Discussion: Proposed Ordinances No. 480-BB and No. 480-CC The proposed Ordinances No. 480-BB, Impervious Coverage and Ordinance No. 480-CC, Residential Adjacency were discussed. PUBLIC COMMENTS: Richard Kuhlman, Maguire/Thomas Parmers. Mr. Kuhlman stated he feels the work on proposed Ordinances No. 480-BB and No. 480-CC is excellent. He stated Maguire/Thomas has reached a point where they build big buildings and he feels they can work with the solutions in the proposed ordinances. Agenda Item 0Il-C, Discussion: Corridor Study Urban Design Enhancements to SH 114 This item was not discussed during tonight's meeting. Agenda Item 012, Adjournment The meeting was adjourned at 11:15 p.m., by Mayor Rick Stacy. Sandra L. LeGrand City Secretary C:\wp-files~ninutes\cc-3 -3 -98.doc Regular City Council Meeting Minutes of March 3, 1998 Page 19 of 19 . , , sG,. _ 7 _ • NMI 1 117 1 _, t 1111 111111.1111 Ftjai 0 0 f ; �� F 7 .-- idit ..m, ,,: , . +:.� �: s� MO Ms's: 4110 V t 1 • � : '_ r .r te t r- l 1 I s, 1. ,Nei ?.daordai��� ',�' � `■ _ klikl :bk i I 1,7 • ' • I • i I_ ( i • 1 ,,_ ... . , ■ �' .`I� cif i s 4 � a „ma ---,4-7,7,,,. -1 -2111- obstiirr iiiiiiiiiki. , ,'':,,.. ' 1 .11', .0' - . - • _._