1997-01-21CITY OF SOUTHLAKE, TEXAS
667 NORTH CARROLL AVENUE
REGULAR CITY COUNCIL MEETING
January 21, 1997
MINUTES
COUNCILMEMBERS PRESENT: Mayor Rick Stacy; Mayor Pro Tem Ralph Evans; Deputy
Mayor Pro Tem Pamela Muller. Members: Gary Fawks, David Harris, and Wayne Moffat
COUNCILMEMBERS ABSENT: Scott Martin
STAFF PRESENT: Curtis E. Hawk, City Manager; Shana Yelverton, Assistant City Manager;
Kevin Hugman, Assistant to the City Manager; Lou Ann Heath, Director of Finance; Kim Lenoir,
Director of Parks and Recreation; Greg Last, Director of Community Development; Bob
Whitehead, Director of Public Works; Ron Harper, City Engineer; Karen Gandy, Zoning
Administrator; Billy Campbell, Director of Public Safety; Tracy Southers, Public Information
Officer; Lauren Safranek, Human Resource Administrator; Wayne Olson, City Attorney; Kim
Bush, Acting City Secretary.
INVOCATION: Mayor Pro Tem W. Ralph Evans.
WORK SESSION: The work session was held to discuss agenda items by Council and staff.
Mayor Rick Stacy called the City Council meeting to order at 5:50 p.m..
A_~enda Item ~-A. Executive Se~inn
Mayor Stacy advised the audience that Council would be going into executive session pursuant
to Chapter 551 of the Texas Government Code, Sections 551.071,551.072, 551.074, 551.076 of
the Open Meetings Act, to seek the advice of the City Attorney with respect to pending and
contemplated litigations, to discuss the purchase, exchange, lease or sale of real property and to
consider the appointment and evaluation of public officials, and regarding the deployment of
specific occasions for implementation of security personnel or devises.
Council adjourned into executive session at 5:50 p.m.
Council returned to open session at 7:00 p.m.
Agenda Item #2-B. Action NecessaryfExecutive Session
There was no action necessary as a result of the Executive Session.
City Council Meeting, January 21, 1997
Minutes
Page 2
Agenda Item #3. Approval of the Minutes of the January_ 7. 1997 City Council Meetin~
Motion was made to approve the minutes of the City Council meeting held on January 7, 1997.
Motion: Fawks
Second: Harris
Ayes: Evans, Fawks, Harris, Moffat
Abstained: Muller, Stacy
Nays: None
Approved: 4-2-0
p. genda Item #4-A. Mayor's Report.
Mayor Stacy made the following announcements:
2.
3.
4.
Councilmember Scott Martin will not be present at tonight's meeting due to dental
surgery.
Complimented the Southlake Chamber of Commerce for their "Stars of Southlake'
banquet night and congratulated all the award winners.
The next meeting of the Metroport Cities Partnership will be Thursday, January 23, at
7:30 a.m. at the Solana Education Center.
We will hold a City Council work session Tuesday, January 28, 5:00 p.m., at City Hall
Council Chamber to discuss the Thoroughfare Plan with City staff. A joint work session
of the City Council and Park and Recreation Board will follow this meeting at 7:00 p.m.
An SPDC work session will be held Monday, February 3, 6:00 p.m. at either Durham
Elementary or Bicentennial Park Lodge.
Extended a "thank you" to the Keep Southlake Beautiful members who were out in full
force Saturday, January 18, for their annual trash off.
Agenda Item #4-C. SPIN Report.
Cara White, SPIN representative for neighborhood #1, reported on their plans for the new year
meetings that will start in February. Currently the committee is working on their goals and the
upcoming retreat.
Agenda Item No. 5. Consent Agenda.
The consent agenda consists of the following items:
5-A. Authorize the Mayor to execute an Interlocal Agreement between Tarrant County and the
City of Southlake for purchasing various commodities.
5-B. Variance to the Subdivision Ordinance No. 483-E, Section 4.01(1)2 (Plat Expiration)
extending the validity of Case ZA 95-120, Final Plat for Meadow Ridge Estates.
City Council Meeting, January 21, 1997
Minutes
Page 3
Authorize the Mayor to execute a Change Order #2 with Barson Utilities Water System
Improvements - 1996 for an additio~al 8" water line along North White Chapel Blvd.
From E. Bob Jones Road north for a distance of 888 linear feet.
5-D. Award of bid for a backhoe loader for the Water Utilities to Future Equipment Company.
5-E. Authorize the Mayor to enter into a Facilities Utilization Agreement between the City of
Southlake and the Southlake Girl's Softball Association.
5-F. Authorize the mayor to enter into a Facilities Utilization Agreement between the City of
Southlake and the Southlake Baseball Association.
5-G. Authorize the mayor to enter into a Facilities Utilization Agreement between the City of
Southlake and the Grapevine/Southlake Soccer Association.
5-H. Resolution No. 97-05, a resolution adopting the City of Southlake Flexible Employee
Benefit Plan, Dependent Care Assistance Plan, and Medical Care Reimbursement Plan.
Resolution No. 97-06, a resolution approving and authorizing publication of notice of
intention to issue certificates of obligations.
5-J. Approval of James Bryan Corbin as a Firefighter Reserve Officer.
7-D. Resolution No. 96-51 (ZA 96-71), Specific Use Permit for outside storage from Great
Outdoor Landscape.
10-A. Commercial Developer Agreement with Liberty Bank at 2438 E. Southlake Blvd., (F.M.
1709) on the north side of Southlake Blvd., approximately 280' east of Bluebonnet Drive.
10-B. Clarify the map of Bob Jones Park Master Plan relating to future land acquisition and
roadway on property of Marylyn Miles and Marilyn Tucker.
Motion was made to approve items #5-A, #5-C, #5-D, #5-G, #5-H, #5-I, #5-J, gl0-A; remove
item #5-B from consent; table items #5E, #5F and #7D to the February 4 regular meeting; and,
clarify item #10-B that Marylyn Miles' property was never a part of the Bob Jones Master Plan
and removal of the road was in reference to the road farther north on Marilyn Tucker's property
not the south road.
Motion: Harris
Second: Muller
Ayes: Evans, Fawks, Harris, Moffat, Muller, Stacy
Nays: None
Approved: 6-0
City Council Meeting, January 21, 1997
Minutes
Page 4
5A.
5C.
5D.
5G.
5H.
5I.
5J.
10A.
10B.
Additional Information on Consent Items
The agreement with Tarrant County will allow staff the opportunity of two sources for
purchase of various items and allow the City to take advantage of cost benefits associated
with large volume purchases. The City is under no obligation to purchase anything through
Tarrant County, but the agreement provides the mechanism to do so if the City so desires.
The amount of this change order is $25,916.20 which is 7.0% of the current contract.
Extension of the water line will allow for service to a new home being constructed, improved
fire protection, and provide for water service to a previously annexed area.
City staff recommenced the award of contract to Future Equipment Company to furnish a
CASE 580 Super L backhoe loader with a 5-year/5000 hour full warranty for the low bid of
$57,581.00.
This Agreement represents an annual renewal between the City and the CJrapevine/Southlake
Soccer Association. Both the soccer association and the Park and Recreation Board favor
the agreement.
The resolution allows the City Manager to adopt the plan documents necessary in
establishing a 125 flexible benefits plan as approved by City Council on November 26, 1996.
The resolution specifies $9.67 million in certificates of obligation for water, sewer, street and
drainage improvements, land purchase for water tanks, equipment (including computers,
tracks, vehicles, mowers, public safety and public works equipment), and improvements to
existing municipal buildings. The resolution requires that the City publish a notice of intent
to issue certificates of obligation on January 23 and January 30, 1997 in accordance with the
requirements for a first reading of the ordinance on February 4, and a second reading on
February 18.
Mr. Corbin is a Certified EMT and Firefighter and is currently attending MetroCrest Medic
School. He is employed with the City of Denton as a utility line technician. Staff feels that
with Mr. Corbin's current certifications and knowledge of electrical utility construction, he
has special skills that will enhance the City's fire service.
The agreement is a standard Commercial Developer's Agreement. The Developer will
construct the sanitary sewer line from this property to the comer of F.M. 1709 and Kimball
Ave. with a request to return to the City Council at a later date to discuss a method of
recouping expenses if future developers take advantage of this line. The Developer will also
construct a 12" water line from the property to the comer of F.M. 1709 and Kimball Ave.,
according to City standard policies. The City will pay the difference in cost between a 12"
and 8" line.
City staffrequested clarification fi'om the City Council of its intent when it approved the Bob
Jones Park Master Plan on November 19, 1996. City Council clarified that the Marylyn
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Minutes
Page 5
Miles' property was never a part of the Bob Jones Master Plan and removal of the road
was in reference to the road farther north on Marilyn Tucker's property not the south
road.
Agenda Item #5B. Variance to the Subdivision Ordinance No. 483-E. Section 4.01(D2 (Plat
Expiration) extendine the validity of Case ZA 95-120. Final Plat of Meadow Ridee
City Council instructed removal of this item f~om thc Consent Agenda in order to discuss this project
with the applicant.
Director of Community Development G-reg Last informed the Council that the applicant Briscoe-
Clark requested a six-month extension to finish work on the engineering plans and the developer's
agreement. Mr. Last explained that the subdivision ordinance requires that a final plat be filed with
the County within one year of approval. P&Z approved the Final Plat for this subdivision on
January 18, 1996.
Mayor Stacy commented that he had concerns with such a densely platted subdivision in an area that
is not as dense. Mayor Stacy feels S. Kimball Avenue is not adequate to handle the traffic that
would be generated from this subdivision. He would like to recommend that this item be tabled to
give the present Council an opportunity to review the plat closer and visit with the surrounding home
owners. Councilmembers agreed.
Jim Brisco, 8300 Douglas Ave., Suite 800, Dallas, Texas 75225. Mr. Brisco stated he had numerous
meetings with the surrounding neighbors. He wants to pursue the project as approved in the Final
Plat which is exactly the same as it was when approved as a Preliminary Plat. He further commented
that the plat complies with the zoning and out of courtesy
would ask that the extension be granted.
Councilmember Harris stated that Council was not talking about denying the zoning but to table the
request for extension in order to give this Council an oppommity to acquire information that they
cannot get tonight.
Mayor Stacy asked Mr. Briscoe to identify some of the citizens who favored the plat for the record.
He again expressed his concern with the density and would like the opportunity to visit with the
citizens in the neighboring subdivision.
Mr. Briscoe named Darrell Faglie, Pattie Minder and her next door neighbors. He commented that
he would rather see the item tabled then to have the Council vote on the extension tonight.
Motion was made to table the request for variance to Subdivision Ordinance No. 483-E extending
the validity of Case ZA 95-120, Final Plat for Meadow Ridge Estates to February 28, 1997.
Motion: Harris
Second: Moffat
Ayes: Evans, Fawks, Harris, Moffat, Muller, Stacy
Nays: None
Approved: 6-0
City Council Meeting, January 21, 1997
Minutes
Page 6
A_~enda Item No. 6. Public Forum.
David McMahan, 1335 Hidden Glen. Stated that on a lighter note, he would like to know if this
Council would honor tickets for a banquet he purchased three years ago.
Jim Goggin, 1706 Wild Rose Way, thanked the City Council and staff for the good work this past
year. He felt Council had done basically a fine job and should be commended. He thanked the
Council for their support of the Meals on Wheels program for seniors, and asked that Council take
a good look at considering an assisted living facility. He understands that the first request for
such a facility may not have been the right location, but he expressed that there is a need for one
now. Mr. Goggin also suggested that Council try to develop a better rapport with developers; he
feels they should not be harassed in a public meeting. He also asked that the City be more active
in enforcing litter violations. Mr. Goggin closed by saying he did not think you could f'md a more
helpful group of people then those found within all the departments of the City
Mayor Stacy thanked Mr. Goggin and agreed that an assisted living facility was a good idea in
the right location.
There were no other comments during the Public Forum.
Agenda Item No. 7A. 2nd Reading. Ordinance No. 480-219. ZA 96-124. Rezoning and
Concept Plan for Crestwood Office Park. being approximately 3.5083 acres situated in the
W.W. Hall Survey, Abstract No. 695, being a portion of Tract 3D as recorded in Volume 8564,
Page 285, D.R.T.C.T. Location: Northwest comer of the intersection of North Carroll Avenue
and Southlake Blvd. (F.M. 1709). Current zoning is "AG" Agricultural District, with a
requested zoning of "S-P-2' Generalized Site Plan District with "O-1' Office District uses.
Applicant: M&M Group, Inc. Owner: CFNVESTS Southlake JV. SPIN Neighborhood #10.
Zoning Administrator Karen Gandy was available to answer questions of the Council.
David McMahan, representative for the applicant, stated he had nothing to add since the last
reading of the ordinance and would be happy to answer any questions of the Council.
Public Hearing:
Kay Monts, manager of Ebby Halliday, commented on how proud they were to be in this City--its
a good city.
There were no other comments during the Public Hearing.
Motion was made to approve Ordinance No. 480-219, ZA 96-124, subject to staff review letter
#3 as approved on first reading at the last City Council meeting.
Motion: Fawks
Second: Evans
Mayor Stacy read the caption of Ordinance No. 480-219.
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Minutes
Page 7
Ayes:
Nays:
Approved:
Evans, Fawks, Harris, Stacy
Moffat, Muller
6-2
A?nda Item No. 7B. Ordinance No. 668. 2nd Reading. street name chan e from Ravenaux
Drive to Countryside Court. SPIN Neighborhood #11.
Comprehensive Planner II Tom Elgin stated this is the 2nd reading of Ordinance No. 668
changing the street name for a portion of Ravenaux Drive to Countryside Court. Staff made one
minor change since 1st reading which was to correct South White Chapel to North White Chapel.
Mr. Elgin asked that the Council also address the applicant's request to waive the processing fee.
There were no comments during the Public Hearing.
Motion was made to approve Ordinance No. 668 changing a portion of Ravenaux Drive to
Countryside Court and waive the applicant's fee since they are a charitable organization.
Motion: Harris
Second: Muller
Mayor Stacy read the caption of Ordinance No. 668.
Ayes: Evans, Fawks, Harris, Moffat, Muller, Stacy
Nays: None
Approved: 6-0
Agenda Item No. 7C. Public Hearing: Authorization for staff to submit the 1997 ¢23rd Yearl
Tarrant County Community_ Development Block Grant (CDBG} involving drainage
improvements for the Sutton Place Addition.
Comprehensive Planner II Tom Elgin commented that staff was recommending construction of
drainage facilities and associated improvements for Sutton Place Addition through the 23rd Year
CDBG program. Estimated project cost is $115,000 with typical funding through CDBG up to
$130,000 that would mean it would not be necessary for matching funds from the City. Staff held
a meeting with residents of the Sutton Place Addition to explain the project to them.
Mayor Stacy added this will give the City a tool to provide improvements to an area annexed
several years ago.
There were no comments during the Public Hearing.
Motion was made to authorize staff to submit the 1997--23rd Year Tarrant County Community
Development Block Grant application for improvements for the Sutton Place Addition.
Motion: Harris
Second: Muller
Ayes: Evans, Fawks, Harris, Moffat, Muller, Stacy
Nays: none
Approved: 6-0
City Council Meeting, January 21, 1997
Minutes
Page 8
Agenda Item No. 7E. ZA 96-157. Site Plan of Timarron Neighborhood Center Number 2
being Lot 30, Block 28 of the approved Final Plat of Village F, and being approximately 3.471
acres situated in the O.W. Knight Survey, Abstract No. 899, and being a portion of Tract 2C1A.
Location: Northwest corner of the intersection of Byron Nelson Parkway and the proposed
Inwood Drive. Currem zoning is "R-P.U.D. No. 1" Residential Planned Unit Development.
Owner and Applicant: Timarron Land Corporation. SPIN Neighborhood #10.
Zoning Administrator Karen Gandy presented ZA 96-157 and explained that this is an amenity
center for properties on the north side of E. Continental. Staff sent ten notices to property owners
within 200' and received one response from Michael Hodge at 402 Jackson Square. Mr. Hodge
sited concerns with location of the recreation center, loss of privacy, noise, traffic, and lighting.
P&Z Commission recommended approval subject to Site Plan Review Summary No. 1 dated
December 13; amending Item #4C (provide all required bufferyards) to redistribute the required
plantings on the site; deleting Item #7 (regarding required parking) to accept 46 spaces as shown;
amending Item #9 (location, type, and height of all walls, fences, and screening devices, an 8'
screen required adjacent to residential properties) to provide 4"-6" caliper native cedars by the
parking lot along the southwest comer. Additionally, the P&Z recommended to: relocate the
multi-purpose court to where the playground is, and move the playground west of the pavilion;
relocate tennis courts to east; relocate the trail to east of trees along the west.
Community Development Director Greg Last informed the Council that the applicant has
requested credits for existing trees. City Ordinance allows for credits, for example, two accent
trees for every tree saved over 12" caliber; this should not be a variance request. Staff would
recommend that all plants that are required be required, and they be allowed to use the credits for
existing trees as provided in the ordinance.
David Rhodes, Carter and Burgess, was present on behalf of the applicant. Mr. Rhodes
commented that they intended to adhere to standards as set forth in the P&Z recommendation.
Mr. Rhodes explained that the tennis courts are lit and are on a timer set to shut off at 11:00 p.m.
They have met with some homeowners and have tried to address their concerns, but they have not
met with Mr. Hedge. Mr. Rhodes commented that there would only be a couple of times a year
where they would need "spill" over parking for tennis meets.
Councilmember Harris suggested that the trail (at the back northwest comer) meander downward
a little to allow for a larger bufferyard in that area. Harris commented that he would rather have
Timarron handle parking for large tennis meets by allowing parking elsewhere and shuttling
participants to the meet site.
Mayor Stacy questioned, as part of a compromise, why they could not extend usage of the facility
to the surrounding subdivisions--he hates to see communities separated in this manner.
Councilmember Fawks asked whether providing accent trees as required would be possible (crepe
myrtles) instead of relocating as they are, the row of shrubs on the north bufferyard. Rhodes
commented that it would not be a problem.
City Council Meeting, January 21, 1997
Minutes
Page 9
Public Hearing:
Diane Kruse stated she was the property owner to the west and probably the most impacted by this
project. Ms. Kruse expressed appreciation for the P&Z Commission. She had major concerns
which they addressed and recommended for change at the P&Z Commission meeting. Ms. Kruse
commented that she was happy with the plan and she was aware Timarron was planning this
facility when she bought her home in 1994. One concern she still has is that the lay of the land
makes this recreation center higher than her property and she would like to be able to build a
higher fence then her current 6' fence. Mayor Stacy explained that this would probably be up to
her homeowners deed restrictions--but they should consider wavering in this special situation.
There were no other comments during the Public Forum.
David Rhodes stated that the post oaks would not be lit.
Motion was made to approve ZA 96-157 subject to staff review letter g2 dated January 19, 1997,
including that the south bufferyard will be provided in its entirety as required, west bufferyard
shrubs may be relocated, north bufferyard shrubs may be relocated, and east bufferyard will
provide shrubs and trees in proximity but not necessarily in the 10' width, further modify the
bufferyard as shown on the west and northwest corner to a 25' bufferyard including that the trail
[in this area] is now south of this bufferyard, allow parking as shown including the requirement
for the removable barrier to prevent parking in the rear, approving the location of the buildings
as submitted tonight on this plan, providing 4"-6" caliber native cedars to the parking lot along
the southwest corner, deleting the fence, and allow staff the ability to determine location of the
irrigation system to save the oaks.
Motion: Harris
Second: Fawks
Ayes: Evans, Fawks, Harris, Moffat, Muller
Nays: Stacy
Approved: 5-1
P,?~nda Item No. 8A. Ordinance No. 480-225. 1st Reading trZA 96-150} Rezoning and Site
Plan for the Children's Courty_ ard. on property described as approximately 3.207 acres situated
in the R.J. Paden Survey, Abstract No. 1255, and being Tracts lA and 1Al. Location: South
side of Souttflake Blvd. (F.M. 1709) and approximately 200' west of the intersection of
Waterford Drive and Southlake Blvd. (F.M. 1709). Current zoning is "AG" Agricultural
District, with a requested zoning of "S-P-I" Detailed Site Plan District with varied "C-2" Local
Retail Commercial District uses. Applicant: Realtex Ventures, Inc. Owners: Lila M. Pinson
(Tract lA) and Lloyd Martinson (Tract 1AD. SPIN Neighborhood #13.
Mayor Stacy informed the applicant that since this item was denied by P&Z approval tonight
would require a favorable vote of 6 of the Council, and since one Councilmember is absent the
applicant may wish to table until there is a full Council present.
City Council Meeting, January 21, 1997
Minutes
Page 10
The applicant stated that they are ready to go forth tonight with the request.
Zoning Administrator Karen Gandy presented the 1st reading of Ordinance No. 480-225 and was
available to answer questions of the Council. Ms. Gandy commented that staff sent thirteen
notices and received six responses opposing the request. Ms. Gandy verified for Councilmember
Harris that to her knowledge no changes have been made since denial by P&Z.
Carl Greer with Realtex Ventures, Inc., 2201 N. Collins, Arlington, Texas, was present on behalf
of the applicant. Mr. Greer commented that discussions at P&Z centered on the appropriate land
use for the sight. He feels that this type of day care facility is a good transition from F.M. 1709
to the high school and the residential area. Mr. Greer added that they met with the SPIN group
and came out of that meeting with additional suggestions for more landscaping which they have
included.
Bob Couch, 2535 Union Church, was present on behalf of the property owners who are trying
to sell the property. He commented that it appeared the P&Z does not want anything to go there.
They have denied this request and the previous request for a dental office. He asked that the
Council approve because this is a good transition to the neighborhood and an appropriate use for
the property.
There were no other comments from the audience.
Councilmember Moffat commented that many citizens feel this use is too intense, and feels he
needs to consider their concerns.
Mayor Stacy commented that he believed some type of office or residential use would be more
appropriate at this location.
Councilmembers agreed that a less intense use would be more appropriate--something that would
generate less noise, traffic and also encompass both tracts.
Motion was made to deny Ordinance No. 480-225.
Motion: Harris
Second: Muller
Mayor Stacy read the caption of the ordinance
Ayes: Evans, Fawks, Harris, Moffat, Muller, Stacy
Nays: none
Approved to Deny: 6-0
Agenda Item No. 8B. Ordinance No. 480-211. 1st Reading CZA 96-90]. Rezoning and
Concept Plan for Shady Oaks Centre (formerly presented as Southlake Professional Plaza~,
being approximately 2.95 acres situated in the Hiram Grandberry Survey, Abstract No. 581, Tract
2C, as recorded in Volume 8374, Page 2186, Deed Records, Tarrant County, Texas. Locations:
City Council Meeting, January 21, 1997
Minutes
Page 11
West Southlake Blvd., south of the intersection of Shady Oaks Drive and West Southlake Blvd.,
(F.M. 1709). Current zoning is "AG" Agricultural District. Requested zoning is "O-1" Office
District. Owner: Marvin C. Kennedy. Applicant: Larry D. Flynn. SPIN Neighborhood #14.
Zoning Administrator Karen Gandy presented ZA 96-90. Ms. Gandy stated that the land use
category for this area is Medium Density Residential which may include limited low intensity
office and/or retail uses. Staff sent twenty-one notices to property owners within 200' and
received fourteen opposing responses. Ms. Gandy stated that seven of those opposing the request
have now withdrawn their opposition which makes it less than 20% land area in opposition,
therefore, no supermajority vote is required for approval. Ms. Gandy stated that the applicant and
homeowners met on several occasions and worked out an agreement that is amenable to all parties.
As a result of this agreement, the P&Z Commission at their December 5 meeting did recommend
approval subject to the impacted homeowners document dated November 21 which was submitted
with and attached to Ordinance No. 480-211.
Councilmember Moffat questioned whether the 788 citizens that signed the original petition have
withdrawn their opposition; he understands they are not within the 200' rule, but he has concerns
with their opposition still out there.
Larry Flynn, applicant, was present to answer questions of the Council and to introduce Dan
Deichert who is his developer and partner.
Dan Deichert, 8150 N. Central Expressway, Dallas, Texas. Mr. Deichert commented that they
are proposing over 1-1/2 acres of open space and their two buildings will be similar to the existing
dental office. Mr. Deichert commented that they had preliminary discussions with Dr. Huckabee,
but up to this point, Dr. Huckabee has been noncommittal about moving his driveway entrance
to line up with the traffic light.
Community Development Director Greg Last clarified to the Council that through the negotiations
on this project, there was a very long list of negotiated issues between the developer and the
adjacent homeowners. Staff and legal counsel had concerns with including some of those
requirements in the SP2 zoning, therefore, staff asked them to differentiate those that we could
include in the site plan regulations from those that were more of a contractual nature between the
developer and the homeowners. Staff felt that several issues were beyond the City's ability to
control or monitor, i.e., fence construction. The City is not a part of the side contracts.
Mike Conrad, 108 Springbrook Court. Mr. Conrad informed the Council that he was the
homeowner who carried the petition around originally. He feels that now with all the changes that
have made at least 95 % of the citizens would withdraw their opposition. Those of us most
impacted by this development (the adjacent property owners) agree on this use.
Community Development Director Greg Last clarified with Mr. Deichert that the parking lot will
be no closer than 70' and that the interior design uses will stay.
City Council Meeting, January 21, 1997
Minutes
Page 12
Motion was made to approved ZA 96-90 subject to staff's concept plan review summary #3 dated
December 13, 1996, incorporating exhibit "B' and have the applicant agree to work with the City
in the possibility of moving the driveway to line up with Shady Oaks especially if the intersection
is to be signalized.
Motion: Evans
Second: Harris
Mayor Stacy read the caption of Ordinance No. 480-211.
Ayes: Evans, Fawks, Harris, Muller, Stacy
Nays: Moffat
Approved: 5-1
~?nda Item No. 8C. Ordinance No. 480-W. 1st Reading. revisions to the Zoning Ordinance
No. 480. pertaining to telecommunication facilities, including towers, antennas, satellite dishes,
and ancillary structures and the definition of a kennel.
Zoning Administrator Karen Gandy presented Ordinance No. 480-W. Ms. Gandy stated the
ordinance addresses two issues: (1) a change in the definition of a kennel made necessary by the
recently adopted revisions to the Animal Control Ordinance No. 530A and (2) a new approval
process for telecommunication towers, .antennas, and ancillary structures (e.g., equipment
cabinets). Ms. Gandy informed the Council that Mr. Peter Kavanagh and Mr. William Cothrum,
who are associated with the telecommunications industry, were presem tonight and would like to
address this ordinance.
Councilmember Harris stated he had reviewed the ordinance and had a couple of comments. He
suggested that Council approve the ordinance on 1st reading and allow him to arrange to meet
with Ms. Gandy, the City attorney, Mr. Kavanagh and Mr. Cothrum to work out the final details
before 2nd reading.
Motion was made to approve 1st reading of Ordinance No. 480-W.
Motion: Harris
Second: Muller
Mayor Stacy read the caption of Ordinance No. 480-W.
Ayes: Evans, Fawks, Harris, Muller, Stacy
Nays: none
Approved: 5-0 (Councilmember Moffat had stepped away during the vote)
S,?onda Item No. 8D. 1st Reading. Ordinance No. 480-X. Revisions to the Zoning Ordinance
No. 480. Section 30, "PUD" Planned Unit Development, pertaining to residential density.
Zoning Administrator Karen Gandy stated that the proposed ordinance amends the maximum
density permitted in the "R-PUD" Residential Planned Unit Development district. The
amendment reflects a reduction in the maximum residential density from 2.18 du/acre to 1.80
alu/acre per gross acre. The amendment also provides that nonresidential acreage ancillary to the
residential P.U.D. be subtracted from the gross acreage of the residential P.U.D. request before
calculating the density for the development.
City Council Meeting, January 21, 1997
Minutes
Page 13
Motion was made to approve 1st Reading of Ordinance No. 480-X.
Motion: Fawks
Second: Muller
Mayor Stacy read the caption of Ordinance No. 480-X
Ayes: Evans, Fawks, Harris, Moffat, Muller, Stacy
Nays: None
Approved: 6-0
Agenda Item No. 8E. 1st Reading. Ordinance No. 480-227. ZA 96-155. Rezoning for
Gallicott/Rhodes Farm. on property described as being approximately 1.004 acres, and being
Tract 1B5C in the L.H. Chivers Survey, Abstract No. 300. Location: Approximately 810' south
of the intersection of East Dove Road and Ridgecrest Drive. Current zoning is "AG'' Agricultural
District, with a requested zoning of "SF-1A" Single Family Residemial District. Applicant:
Forshey Consulting Services, Inc. Owners: Cari C. Rhodes and Kevin Rhodes. SPIN
Neighborhood #4.
Community Development Director Greg Last informed the Council that neither the applicants nor
their representatives were present tonight. Mr. Last commented that the timing (pertaining to
filing of plats) would allow for approval of the zoning on 1st Reading and tabling of the Plat.
P&Z acted on the plat January 9--that gives the Council until the first meeting in February to
consider the plat.
Motion was made to approve 1st Reading of Ordinance No. 480-227.
Motion: Muller
Second: Harris
Mayor Stacy read the caption of Ordinance No. 480-227
Ayes: Evans, Fawks, Harris, Moffat, Muller, Stacy
Nays: none
Approved: 6-0
Agenda Item No. 8F. ZA 96-154. Preliminary_ Plat for Callicott/Rhodes Farm. on property
described as being approximately 12.98 acres, being Tracts lB3 and 1B3C in the L.H. Chivers
Survey, Abstract No. 300. Location: South side of East Dove Road at the intersection of East
Dove Road and Ridgecrest Drive. Current zoning is "SF-1A' Single Family Residential District.
Applicant: Forshey Consulting Services, Inc. Owners: Cari Rhodes, Kevin Rhodes, and Sonja
Callicott. SPIN Neighborhood #4.
Motion was made to table ZA 96-154 the preliminary plat to the February 4, 1997 regular City
Council meeting.
Motion: Muller
Second: Evans
Ayes: Evans, Fawks, Harris, Moffat, Muller, Stacy
Nays: none
Approved: 6-0
City Council Meeting, January 21, 1997
Minutes
Page 14
Agenda Item No. 8G. Ordinance No. 669. 1st Reading. amending Ordinance No. 620. the
National Electrical Code. 1996 Edition.
Public Works Director Bob Whitehead commented that Building Official Paul Ward had been
working with the North Central Texas Council of Governments (NCTCOG). The NCTCOG is
encouraging all jurisdictions throughout the region to adopt the 1996 National Electrical Code in
order to have more uniformity in the region. Staff is recommending one local amendment to the
code concerning conductor material (page 6 Exhibit "B') that requires all wiring for electrical
systems to be copper with one exception: Conductors 1/0 or larger may be used when specified.
Motion was made to approve 1st Reading of Ordinance No. 669 incorporating the local
amendment as articulated by Director Whitehead.
Motion: Harris
Second: Muller
Mayor Stacy read the caption of Ordinance No. 669
Ayes: Evans, Fawks, Harris, Moffat, Muller, Stacy
Nays: none
Approved: 6-0
Agenda Item No. llA. Pavement markings on F.M. 1709 at Westwood Dr.
City Engineer Ron Harper commented that he had been meeting with the state about the
potentially hazardous mm lane on F.M. 1709 from Westwood Drive to Village Center Drive.
The state has looked at the area and agrees there is a problem. The state submitted a striping plan
they feel may alleviate the problem. If we choose to make these changes, it will be at the City's
expense. Mr. Harper informed the Council that with this striping only a right in and right out
would be allowed at the "Home Depot" drive west of the Village Center Drive.
Councilmember Muller commented she was never aware that Council approved full access at this
drive during any of the discussions on this project. She would like staff to research the files on
this issue.
Council discussed the concerns with safety and the need for traffic counts and studies. Mr.
Harper suggested that staff contact the traffic engineer and see what he could do to develop some
traffic counts at this location and make a recommendation. City Manager Curtis Hawk suggested
that we wait until the Home Depot opens so that we will have a better feel of what the traffic
impact will be and what we will need to do to address it.
Councilmember Muller requested that in the meantime we could paint and identify the mm lanes
a little clearer as suggested here, but maybe without reflectors--provide a break in the continuous
center lane line and paint a left turn lane as shown at the 80'.
City Council Meeting, January 21, 1997
Minutes
Page 15
A_~enda Item No. 12. Ad_iournme~lt,
Mayor Stacy adjourned the meeting at 10:25 p.m.
~r~i'o~ rock Stac~
ATTEST:
A~mg City Secretary