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1997-04-01CITY OF SOUTHLAKE, TEXAS 667 NORTH CARROLL AVENUE REGULAR CITY COUNCIL MEETING APRIL 1, 1997 lVIINUTES COUNCILMEMBERS PRESENT: Mayor Rick Stacy; Mayor Pro Tem W. Ralph Evans; Deputy Mayor Pro Tern Pamela Muller. Members: Scott Martin, David Harris, Gary Fawks and Wayne Moffat. STAFF PRESENT: Curtis Hawk, City Manager; Shana Yelverton, Assistant City Manager; Kevin Hugman, Community Services Manager; Lou Ann Heath, Director of Finance; Ron Harper, City Engineer; Greg Last, Director of Community Development; Karen Gandy, Zoning Administrator; Darcey Imm, Assistant to the City Manager; Kevin Lenior, Director of Parks and Recreation; Billy Campbell, Director of Public Safety; Wayne Olson, City Attorney; and, Sandra L. LeGrand, City Secretary. INVOCATION: Mayor Pro Tern W. Ralph Evans. WORK SESSION: The work session was held to discuss agenda items by Council and staff. Mayor Rick Stacy called the Regular City Council meeting to order at 6:00 p.m. Agenda Item #2-A. Executive Session Mayor Rick Stacy advised the audience that Council would be going into executive session pursuant to Chapter551 of the Texas Government Code, Section 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 6:02 p.m. Council returned to open session at 7:00 p.m. A~enda Item #2-B. Action Necessary/Executive Session No action was taken as the result of the executive session. REGULAR CITY COUNCIL MINUTES OF THE 4/1/97 MEETING PAGE 1 OF 15 Agenda Item//3. Aoproval of the Minutes of the March 18. 1997 City Council Meeting. The minutes of the Regular City Council meeting held on March 18, 1997 were approved as presented. Motion: Fawks Second: Muller Ayes: Fawks, Muller, Moffat, Martin, Harris, Evans, Stacy Nays: None Approved: 7-0 vote Agenda Item #4-A. Mayor's Reoort Mayor Rick Staey reported on the following items: The Mayor's Cup Tennis Tournament planned for April 5 at Carroll High School has been cancelled by the Southlake Tennis Association, due to expected traffic because of the first race at the Texas Motor Speedway. The 40th Birthday Celebration will be continued on May 3, 1997 at Bicentennial Park. Anyone wishing to help with the planning of this activity should contact Traey Southers at the Administration Building. Applicants are now being received for appointments to City boards and commissions. Deadline for applications is April 30, 1997. Aceording to the City Secretary, Council is scheduled to interview applicants on May 1, 1997 beginning at 6:00 p.m. in the Council Chambers of City Hall. Mayor Stacy reported April 6 is opening day for the Southlake Softball and Baseball Associations. According to the Director of Parks and Recreation, Klm Lenior, some 1400 children plus have signed up for the program. A record year for Southlake. On June 13, there will be a North Central Texas Council of Government (NCTCOG) training seminar for Mayor's and Councilmembers on zoning related issues. If anyone is interested in attending, they should contact the City Secretary. Mayor Stacy announced that Shana and Trey Yelverton are expecting their first baby. Mayor and Council congratulated them on this wonderful experience. Councilmember Scott Martin reported on a trip to Austin March 26 and 27, 1997 attended by Councilmembers with the Partners in Mobility Group. He noted that the Dallas/Fort Worth area makes up 24% of the entire population in Texas. Even the TxDot Commissioners complimented the group on being able to put so many elected officials in one room for a common cause. It was well worth the time and effort to go to Austin and REGULAR CITY COUNCIL MINUTES OF THE 4/1/97 MEETING PAGE 2 OF 15 present the cause for our area. Curtis Hawk stated we need to recognize every opportunity we get to go back to Austin and present the needs of our area. To have so many people from our area attend the same meeting for a common cause, is an outstanding effort by the citizens. Agenda Item #4-B~ City Manager's Reoort Curtis Hawk, City Manager, stated we pride ourselves here in Southlake for finding ways we can communicate with our citizens. He added, the biggest thing we have looked at in the last few years is the SPIN program. We mail out the City Manager's Report weekly. Since the Web-Site program has been such an overall success, the City of Southlake now has its own web-site. Kevin Hugman made a presentation of the City of Southlake new Web-Site, stating we started this project last summer when the City staff starting looking at possibilities of getting on the interact. They had three major goals: 1) to provide the public with access to city information; 2) to provide staff with access to technical information; and, 3) to provide interactive services for the citizens of Southlake. Hugman stated they put together an ad hoc committee last summer with staff and citizens who had an interest in this. Most of all they gave staff their ideas of what they would like to see on a web-site. The address for Southlake is www.ci.southlake.tx.us. Kevin Hugman and Chuck Ewins made a presentation of the information Southlake has on the web-site. .Agenda Item #4-C. SPIN Report A1 Zaba, made a presentation for Tom Ward, SPIN Representative of SPIN//6. He stated SPIN //6 has been broken into five neighborhoods, with each neighborhood of common interests having their own neighborhood captain. Some of the concerns of SPIN//6 include: light out at the Gun Barrell convenience store; presents hazards to the employees and those turning around in the parking lot. drainage ditch at Rolling Lane and Shady Lane. access to the neighborhood and the danger of getting on and off of SHll4 from Shady Lane. crime is low, however, they wish to have some appearances by the Department of Public Safety in the neighborhood. code enforcement is lax in their neighborhood. they want sewer and water line construction upgrades. They keep getting moved back on REGULAR CITY COUNCIL MINUTES OF THE 4/1/97 MEETING PAGE 3 OF 15 the schedule and expressed concerns. they know the City gets information to them, but they would like to get their concerns back to council and staff. They want to be heard. Curtis Hawk, City Manager, responded to Mr. Zaba by stating he and staff members will meet with neighborhoods during their SPIN meeting on issues of concem. Aeenda Item #5. Consent Agenda Mayor Stacy informed the audience that the following items will be heard on the consent agenda: 5-A. Resolution No. 97-21, amending Resolution No. 96-71, to extend the moratorium on Personal (Assisted) Care Living Facilities. Authorize the City Manager to pumhase and install Water Booster Pump Station No. 1 (Southlake Boulevard at Pearson Lane) SCADA System from Team Controls, a one source supplier. 5-C. Resolution No. 97-23, authorizing the City Attorney to proceed with condemnation of the Smith property, described as being Tract 1 out of the J.G. Allen Survey, Abstract No. 18. 5-D. Authorizing an Interlocal Agreement between the County of Denton and City of Southlake for a Public Safety Communication Tower. 10-A. Developer Agreement, Southlake Woods, Phase 2, located on the northwest comer of the intersection of Continental Boulevard and South Peytonville Avenue. iO-B. Commemial Developer Agreement for Crestwood Office Park, being on the northwest comer of the intersection of North Carroll Avenue and East Southlake Boulevard (F.M. 1709). 10-C. Authorize the Mayor to enter into a contract with Dunaway and Associates for the design of roadway improvements on West Continental Boulevard from Davis Boulevard to South White Chapel Boulevard. 10-D. Adopting the Southlake Park Development Corporation (SPDC) Budget and Plan. Motion was made to approve the consent agenda consisting of the items noted above, subject to the following: #S-D, filling in the blank on page 5D-5, with "$"; #10-A, with the modification that the indemnification clause omit after gross negligence, omission by city employees; #10-B, approve in its entirety; #10-C, approve subject to the changes in Section 2, paragraph 6, to state, REGULAR CITY COUNCIL MINUTES OF THE 4/1/97 MEETING PAGE 4 OF 15 the most applicable standard; second change will be Article 2, to state contingent upon acceptance of the invoice by the City; Article 10, amount of insurance requirement in the contract will be $1 million dollars; and further incumbent upon Dunaway and Associates, to provide either their insurance carrier and/or their insurance agent to be responsible for notifying the City of any limitations in coverage or other material changes in the policy. Motion: Harris Second: Muller Ayes: Harris, Muller, Moffat, Martin, Evans, Fawks, Stacy Nays: None Approved: 7-0 vote Councilmember Gary Fawks thanked members of the City Council who are on the Southlake Parks Development Corporation (SPDC) and also the citizens and staff who worked on the SPDC Budget and Plan, as it was truly a lot of work--a labor of love. ADDITIONAL INFORMATION ON CONSENT ITEMS Resolution No. 97-21, amending Resolution No. 96-71, to extend the moratorium on Personal (Assisted) Care Living Facilities for sixty (60) days. Purpose of the extension is to give the Planning and Zoning Commission time to conduct investigations and to report to the City Council their findings for recommendations relating to the regulation of assisted care living centers within the City. The original Resolution No. 96-71 was for a period of one-hundrcd (120) days. 5-B. Pumhase and Install Water Booster Pump Station No. 1 (Southlake Boulevard at Pearson Lane) SCADA System from Team Controls, a one source supplier. One of the last components of the Booster Pump Station No. 1 is the Supervisory Control and Data Acquisition System. This system is a computer that collects elevated tank level data and automatically turns on/off the pumps. This system now needs to be expanded to include Booster Pump Station No. 1. A proposal from Team Controls for the installation of the SCADA System was submitted. The proposal includes Motorola equipment with programming by Team Controls. The cost is $24,803. The original engineering estimate included $40,000 for this component. Funding for Booster Pump Station No. 1 is in Capital Projects, Fund 758, 1995 Water Bond Projects. 5-C. Resolution No. 97-23, authorizing the City Attorney to proceed with condemnation of the Smith property described as being Tract 1 out of the J.G. Allen Survey, Abstract No. 18, was approved. The property is immediately east of and adjacent to Florence Elementary School. This property was discussed as furore acquisition for the City's park system, being particularly attractive because of the potential joint use possibilities with Keller Independent School District. 10-A. Developer Agreement for Southlake Woods, Phase 2, located on the northwest corner of REGULAR CITY COUNCIL MINUTES OF THE 4/1/97 MEETING PAGE 5 OF 15 West Continental Boulevard and South Peytonville Avenue. The developer agreement for Southlake Woods, Phase 2 Addition has the usual requirements for performance bonds, letters of credit or cash escrow, and indemnification clanes are incorporated in the agreement. The Developer has asked that the indemnification clause be modified to limit the developer's liability for "...ACTS OF GROSS NEGLIGENCE OR OMISSION" by City employees. Park Fees: The Developer agrees to pay the Park Fee of $23,500 (47 lots at $500 per lot). An Inteflocal Cooperative Agreement between Denton County and the City of Southlake was approved, for the construction and lease of a certain radio tower and equipment building, to be located on City property known as four acres of land, more or less, on T.W. King Road, Southlake, Denton County. 10-B. Commercial Developer Agreement for Crestwood Office Park, being on the northwest corner of the intersection of North Carroll Avenue and East Southlake Boulevard. There are several paragraphs in the agreement that require Council attention: Off-Site Sewer: states that the Developer will be installing off-site sanitary sewer. There will be no oversizing cost for this line. Off-Site Water: states that there is a 12" water line to be installed off-site. The City will pay for the 8" to 12" oversizing cost for this line. Park Fees: The Developer agrees to pay the Park Fee of $1,750 (3.5 acres at $500 per acre). 10-C. Contract with Dunaway Associates for the design of roadway improvements on West Continental Boulevard from Davis Boulevard to South White Chapel Boulevard. A copy of the memorandum from Ron Harper, City Engineer, is hereby attached to the minutes of the meeting. 10-D. Adopting the Southlake Parks Development Corporation Budget and Plan. The SPDC approved their budget and plan on March 17, 1997. City Council reviewed and approved the plan on April 1, 1997. Agenda Item #6. Public Forum No comments were received during the public forum. 3,gcnda Item #7-A, ZA 97-016. Site Plan for Fox Hollow Office ZA 97-016, Site Plan for Fox Hollow Office, on property described as Lot 9, Block 1, Fox Hollow, and being approximately 1.146 acres situated in the T.M. Hood Survey, Abstract No. REGULAR CITY COUNCIL MINUTES OF THE 4/1/97 MEETING PAGE 6 OF 15 706. Current zoning is "O-1" Office District. Owner and Applicant: Four Peaks Development, Inc. SPIN Neighborhood #11. Public Hearing. Karen Gandy, Zoning Administrator, commented that three (3) notices were sent to property owners within the 200' notification area and no written responses have been received. On March 20, 1997, the Planning and Zoning Commission approved ZA 97-016 (7-0) subject to the Plan Review Summary No. 1 dated February 28, 1997, amended as follows: 1) delete item #3C (required driveway throat depth); 2) amend item #7 (trash dumpster location) to allow location as shown on the plan, adding additional plantings around dumpster screen wall; 3) amend item #8 (8' screening required adjacent to residential properties) to allow a 6' wrought iron fence from the southeast building comer parallel to the north line of Lot 10, Block 1, Fox Hollow to a point in the east line of Lot 9, Block 1, and provide a 6' wrought iron fence from the southerly northwest building comer, perpendicular to the west property line of Lot 9, Block i, connecting to the fence to be built on LOt 8, Block 1; 4) amend item #10 (required horizontal and vertical articulation) to allow 3' +/- deviation from the maximum allowed wall length of the most northerly west wall and the most westerly south wall on the elevation plans presented to the Planning and Zoning Commission on March 20, 1997. David McMahan, 1335 Hidden Glen, Southlake, was present representing Four Peaks Development. Mr. MeMahan gave the history of the zoning of the property. He stated the comments in the Plan Review Summary No. 2 dated March 27, 1997 are fine. McMahan stated he would put a decorative wrought iron fence between the residences and the trees for safety of the children in the residences. They also agreed to providing flowering vines along the fence. David McMahan stated he will fence where the pool fence leaves off on the west side of the property. PUBLIC HEARING: No comments were received during the public hearing. Council adjourned for recess at 8:15 p.m. Council returned to open session at 8:20 p.m. Motion was made to approve ZA 97-016, subject to the Plan Review Summary No 2, dated March 27, 1997 with the following modifications: deleting item #i-B; amending the location for the trash dumpster in item #3 (to be shown on plan, with additional plantings around the dumpster screen wall); item #4, amending the screening device requirements to be the 6' wrought iron fence as shown on the documents shown here tonight; also waiving the landscape requirements in the F-1 bufferyard to be limited to: 5' evergreens to be planted on 10' on center, starting at 100' from the northwest property line, 100' south comer to a point approximately 100' from the southeast property comer; also, amending the horizonal and vertical articulations on item #6 to allow a 3' +/- deviation from the maximum allowed wall length on the most northerly west wall and the most westerly south wall on the elevations; requiring no irrigation to be required within the native planting area remaining upon this given site; reallocations of the parking stalls to the southeast. REGULAR CITY COUNCIL MINUTES OF THE 4/1/97 MEETING PAGE 7 OF 15 Delete the fences on the southwest line, with the exception that McMahan will fill in any fences not provided by the pool owner up to the point where the wrought iron fence is located. Motion: Martin Second: Fawks Ayes: Martin, Fawks, Muller, Moffat, Harris, Evans, Stacy Nays: None Approved: 7-0 vote Greg Last commented that the 8' screening device is a Zoning Board of Adjustment issue. Mr. McMahan stated he will meet the requirements or go to the Zoning Board of Adjustments for variance. p, genda Item//674. 1st reading, an ordinance cancelling the May 3. 1997 General Election Curtis E. Hawk, City Manager, explained to Council since the advent of write-in limitations under Texas election laws, election officials have lamented the expense of conducting elections for which the outcome is determined at the close of the write-in deadline. If the candidates on the ballot are unopposed and no write-in candidates have filed to challenge them by the write-in deadline, the election process is rendered virtually meaningless since voters will be able to cast a vote only for the unopposed candidate on the ballot. In 1995, the Texas Legislature amended the Election Code to permit the cancellation of an election under certain circumstances. According to Section 2.051.054 of the Election Code, the City Secretary shall certify in writing that all candidates are unopposed for the election. The certification shall be deli~,ered to the governing body of the political subdivision as soon as possible after the filing deadline, for placement on the ballot and list of write-in candidates. The law states, on receipt of the certification, the governing body of the political subdivision by ordinance may declare each unopposed candidate elected to the office. Councilmember Scott Martin asked, what will we do with the money budgeted for the election? Mr. Hawk stated if we do not have an election in August, it will roll over into the next budget year for future elections. Motion was made to approve Ordinance No. 674, 1st reading, cancelling the May 3, 1997 General Election. Motion: Muller Second: Fawks Mayor Rick Stacy read the caption of the ordinance. Ayes: Muller, Fawks, Moffat, Martin, Harris, Evans, Stacy Nays: None Approved: 7-0 vote Agenda Item #8-B. Ordinance No. 480-233. 1st reading (ZA 97-002~ C.I.S.D. REGULAR CITY COUNCIL MINUTES OF THE 4/1/97 MEETING PAGE 8 OF 15 Ordinance No. 480-233, 1st reading (ZA 97-002), Rezoning and Site Plan of Carroll Independent School District (C.I.S.D.) No. 2 Addition, of approximately 50.632 acres situated in the Thomas M. Hood Survey, Abstract No. 706, and being Tract 10. Current zoning is "AG" Agricultural District, with a requested zoning of "NR-PUD' Non-Residential Planned Unit Development. Applicant: Cheatham & Associates. Owner: Carroll I.S.D. SPIN Neighborhood #10. Kamn Gandy, Zoning Administrator, commented that thirty-six (36) notices were sent to property owners within the 200' notification area and nine (9) notices were received from within the 200' notification area, including: Kenneth Burke, 125 W. Chapel Downs Drive, Southlake, opposed; Jill and Robert O'Neal, 101 Ascot, Southlake, undecided; Stephen Zerebe, 101 E. Chapel Downs Southlake, in favor; Margaret Kothmann, 923 Dove Creek Trail, Southlake, undecided; Bert Yetman, 459 W. Highland, Southlake, opposed; James Evers, 102 Belmont Place, Southlake, opposed; Daniel and Audrey Hodan, 205 West Chapel Downs Drive, Southlake, opposed; Glennis Davidson, 479 W. Highland Street, Southlake, opposed; Nina Louise Dunn, 950 North White Chapel Boulevard, Southlake, opposed. One (1) response was received outside the 200' notification area: Nora Coon, 240 Green Oaks Lane, Southlake, stating concerns with location, lot size, building height request, traffic and lighting. Ms. Gandy received a letter with sixty-two (62) signatures stating "concerns' submitted by Oak Hill Homeowners Association. A letter with thirty-four (34) signatures was received from "Concerned Residents," City of Southlake, Texas, stating concerns and issues regarding: proposed road from North White Chapel Boulevard to Ascot Drive and lighting of athletic fields. Brent Cline, Robert Flaherty, Ted Gillham, Steve Johnson, Buddy Luce and Eddie Cheatham were present representing the CISD. Mr. Cline stated the school is currently being planned for 1,400 students to expand to 2,000 students. The parking areas have shifted to provide additional buffer between the property lines and parking areas. He noted the football field was moved I00' to the south or 192' from the property line on the north. The lights will remain in the plan. They have planned to align the driveway from the school property with Ascot onto North White Chapel Boulevard. Ted Gillum, Superintendent of CISD, 1321 Storm Drive, Bedford. Mr. Gillum stated the Planning and Zoning Commission moved to remove the lighting on the football field. He commented that grades 7,8, & 9 will play on the field. During the next four years, as many as eight teams will play on the field during a season. The lights on the fields will be needed approximately fifteen nights during the season. Councilmember David Harris asked Mr. Gillum if the City Council says no lights- are they going to do it anyway? Dr. Gillum stated they will research our ordinances and seek the advice of their attorney. Dr. Gillum stated he came to the Planning and Zoning Commission with the right-of-way on the plan but the Planning and Zoning Commission removed it. He feels they can operate the site with the REGULAR CITY COUNCIL MINUTES OF THE 4/1/97 MEETING PAGE 9 OF 15 right-or-way but he feels it is in the best interest of the citizens to have a future right-of-way on the plan. Councilmember Scott Martin questioned the safety between the buses and the automobile traffic, stating, at Rockenbaugh Elementary School the driveways are segregated and on this plan they all use the same driveways. Dr. Gillum stated the SRO officer will be assigned to this site during peak travel hours. Councilmember David Harris asked the City Attorney, for the record, since there were several things before Council tonight, if he could clarify the ground rules and state what Council can do and cannot do. He said there has been conversation about the relationship between the City Council and School Board and what, if anything, the City can say about the selection of school grounds, what goes on school grounds, and what control the Council has over the school grounds. He asked the City Attorney to share with Council again, what their limitations are and what authority the Council has over the School District. Wayne Olson, City Attorney replied, as a general rule, municipalities control land use within the City, however, as was stated by one of the Councilmembers earlier, the School District has separate independent authority which has been granted by the State Statutes. Basically, the School District has the predomnent authority to determine where its school facilities are going to be located. In that regard, any controls that municipalities have over land use will be pre-emptied by the power of the School District. Councilmember Harris stated, in other words, if the municipality does not like what the School District is doing, the District's opinion is superior over that of the municipality. Wayne Olson stated, our ordinances would be invalid as they apply to the school district. The municipality has the control over the actual development of the school site. As the school district has determined what needs are necessary, they prepared a site plan and we can control the actual development of the site. The use determination will fall entirely on the school district. PUBLIC COMMENTS: Nina Dunn, 950 North White Chapel Boulevard, Southlake. Ms. Dunn stated she has lived in Southlake for twenty-five (25) years. She presented aerial photographs of the area, showing her property and that of the school district (former Kasper property). She stated she believes the school district has made a terrible mistake by pumhasing the property in question for the school district. She stated she is upset that her environment has been taken away. She asked for a park, or nice homes on the property, not for school district use. She stated she does not feel Council should allow for the road right-of-way on the northern portion of the property next to her REGULAR CITY COUNCIL MINUTES OF THE 4/1/97 MEETING PAGE 10 OF 15 property. Councilmember Harris reminded Ms. Dunn that the City cannot change anything the school is doing. If the City has the right-of-way and never builds the street, the trees will remain in that area as a buffer to the residents. Harris suggested Ms. Dunn talk with the school district if she has a problem with the lights on the ballfield. Jill O'Neal, 101 Ascot, Southlake. Ms. O'Neal stated she is in support of the school district, and she feels the school district has done an excellent job of saving the trees. She has a problem with what the City has done to the school district plans. She stated the residents in Chapel Downs do not want an intersection at Ascot and the school property on North White Chapel Boulevard. She stated, if the intersection goes in, Council needs to address safety issues for their subdivision. She asked that lights not be put up until they are needed. She addressed the drainage issues and asked that a football field not be a joint use stadium. Glennis Davidson, 479 West Highland, Southlake. Ms. Davidson stated it is fine to leave the school on the Kasper site, but asked that a stadium not be included in a residential neighborhood. She stated she is for the school but not any other use on the land. Nona Coon, 240 Green Oaks Lane, Southlake. Ms. Coon stated she is in support of the school, adding, she walked to over one hundred homes in her area and no one was opposed to the school as a 7,8,9 grade facility. She stated she started getting negative responses to the facility as a high school. If the school district leaves tenth grade out of the facility, everyone will be happy. She addressed North White Chapel Boulevard and the road condition (no shoulders). Hal Otterson, 245 West Chapel Downs Drive, Southlake. Mr. Otterson stated he feels that at the school board meetings, there was a lot of good listening. The plan presented then was nice but they have added so much to the plan. He feels if the school wants to be a good neighbor, they will do away with the lights. He asked that the facility not be opened up to joint use with the City. Mayor Stacy asked Mr. Otterson, what type of joint use are they talking about? It is hard to hear, "don't use joint use." The City and School District have an agreement for "joint use" in a effort to save tax dollars and benefit everyone. Public comments closed. Mayor Stacy stated he is just as perplexed with this development, stating most of the concerns of the citizens who spoke tonight are in regard to the development use. If this were a development, Council would have the developer address these issues. However, the school has the power to purchase property and to develop it. There is nothing more onerous or impactful on a neighborhood than a school, with REGULAR CITY COUNCIL MINUTES OF THE 4/1/97 MEETING PAGE 11 OF 15 water, sewer, streets, drainage. He stated he does not like this site for a school, but it is not his job to like the plan. It is the Council's job to be sure the students get in and out safely. The Mayor stated as a community we all have to work together on this. We all want this project to be done right. Curtis Hawk, City Manager, stated for the record, the reason we are going through this process, as the City Attorney pointed out, as they have the right to place a school wherever they want to, but they do have to work within the City's site development regulations, During this process, the school can discover some of the concerns that are out there, and they will work with the City with our site development process. We will work together, as we have on other schools. Motion was made to approve Ordinance No. 480-233, 1st reading (ZA 97-002), subject to the Site Plan Review Summary No. 4 dated Mamh 27, 1997, with changes that are presented to the City Secretary as exhibit "1" which restores the dedication of the right-of-way on the north side of the property as was presented to the Planning and Zoning Commission, and further requesting that the school board and the applicant comply with the other recommendations as made by the Planning and Zoning Commission, specifically set out as item //4 as well as other recommendations made by the P & Z as set out in item #3 and the other changes they have agreed to; including the first informational comments on the review letter with the exception of deleting of the right-of-way; including the light being limited to use of 20-30 nights per year on the football field. 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 Councilmember Gary Fawks commented on the traffic on Highland and North White Chapel Boulevard, noting, that it is something the City Council can address. He would like to have answers at the time of the second reading with regards to how the City can lesson the impact. A~enda Item #8-C. ZA 97-003. Prelirninarv Plat for Carroll I.S.D. No. 2 Addltion ZA 97-003, Preliminary Plat for Carroll I.S.D. No. 2 Addition, being legally described as approximately 50.632 acres situated in the Thomas M. Hood Survey, Abstract No. 706, Tract 10. Current zoning is "AG" Agricultural District. Applicant: Cheatham & Associates. Owner: Carroll I.S.D. SPIN Neighborhood #10. Karen Gandy, Zoning Administrator, commented the same thirty-six (36) notices were sent to property owners within the 200' notification area and the same ten (10) responses have been REGULAR CITY COUNCIL MINUTES OF THE 4/1/97 MEETING PAGE 12 OF 15 received as those noted in agenda item #8-B. Motion was made to approve the Preliminary Plat for ZA 97-003, subject to the Plat Review Summary No. 4 dated Mamh 27, 1997, including the plan submitted to the City Secretary marked Exhibit "1" regarding the right-of-way dedication. Motion: Harris Second: Moffat Ayes: Harris, Moffat, Martin, Evans, Fawks, Muller, Stacy Nays: None Approved: 7-0 vote Buddy Luce, President of the School Board, stated he feels he should comment on the comments made tonight with regard to the number of schools, or other issues, stating, the school board did not have anything to do with the number of subdivisions in the City and how many platted lots in the City. The City and School has been working with the city for two and one-half months on this plat. He commented that everyone is sitting here trying to do the right thing. He stated he does not know the difference between, a right-of-way dedication and a reserved right-of-way or proposed right-of-way. Wayne Olson, City Attorney, comments that as he understands the Council motion, they are approving the preliminary plat with the dedication of a right-of-way in the alignment similar to what was shown previously. Which means this road would be dedicated to the City for the construction of a road at some point in the future. That point would be at the discrestion of the Council. If the City determines at some point in time that a road does not need to be built, the easement could be deeded back to the school district. Buddy Luce stated the dedication does not have a time limit on it, so it would be preventing the school district from ever using this property at some point in time. Councilmember Scott Martin stated he tried to make it clear that if the City feels the road is not necessary, the property could be deeded back to the school district. Agenda Item #9-A. Resolution No. 97-22. amending Resolution No. 95-24~ reearding case limitation proposine anoints system for aeenda manaeement. Greg Last, Director of Community Development, presented Resolution No. 97-22, amending Resolution No. 95-24, regarding case limitations, proposing a point system for agenda management, noting, as previously discussed with Council and the Planning and Zoning Commission an alternative method to agenda management which we called the "Points System." Basically, the points system is an estimate of the time required to review particular oases and placement on the agenda based on a particular amount of time allocated for development case evaluations. There are several goals in adopting this system: 1) Accommodate Citizen Input; 2) REGULAR CITY COUNCIL MINUTES OF THE 4/1/97 MEETING PAGE 13 OF 15 Focus Commissioners Review Time; and, 3) Lighten Staff Packet Preparation; 4) Minimize Developer/Consultant Attendance. A copy of the memorandum presented by Greg Last dated March 27, 1997 is hereby attached to the minutes of this meeting. A discussion was held whereby Councilmembers made changes to the proposed resolution. Motion was made to approve Resolution No. 97-22, deleting Section 6, on page 9A-7 and making the corrections made by Greg Last. Motion: Harris Second: Moffat Ayes: Harris, Moffat, Martin, Evans, Fawks, Muller, Stacy Nays: None Approved: 7-0 vote Agenda Item #11-A. Revisions to the Comprehensive Land Use Plan to include the land use recommendations adonted with the Southlake Corridor Study and other revisions. This item was placed on the Council agenda at the request of Councilmember Gary Fawks, who asked Council if they could make changes to the corridor study without bringing the whole thing back to the Planning and Zoning Cqmmission. During the discussion, Councilmember Ralph Evans stated it was commercial development that motivated the Corridor Overlay Study. Councilmember Gary Fawks withdrew his recommendation to move forward with this item. Agenda Item//12. Ad_iournment Mayor Rick Stacy adjourned the meeting at 11:40 p.m. ]9I~ort Rick Stacy-- REGULAR CITY COUNCIL MINU~S OF THE 4/1/97 MEETING PAGE 14 OF 15 City of Southlake, Texas AGENDA ITEM #9 - MEMORANDUM March 27, 1997 TO: Curtis E. Hawk, City Manager FROM: Greg Last, Community Development Director SUBJECT: Resolution No. 97 -22, amending Resolution No. 95 -24 regarding case limitations, proposing a point system for agenda management. We have previously discussed with Council and P &Z an alternative method to agenda management which we called the "Points System ". Basically the points system is an estimate of the time required _ to review particular cases and placement on the agenda based on a particular amount of time ,. allocated for development case evaluations. There are several goals in adopting this system as follows: GOALS: 1. Accommodate Citizen Input: Currently we place all submitted items on the agenda and deliberated them in order. Citizens who wish to comment on a particular case must sit through several cases until late in the evening, and then their case gets tabled until a future meeting because there are more cases on the agenda than can be heard in one evening. 2. Focus Commissioners Review Time: The Planning and Zoning Commissioners currently must review and be prepared to discuss all items on the agenda, just in case they are heard. A more realistic agenda would allow the Commissioners to focus their review time on the cases that were likely to be heard. 3. Lighten Staff Packet Preparation: Currently staff prepares packets for every item on the agenda, knowing that in some cases two- thirds of the cases will not be discussed. Then we prepare the same packets again next time. We have prepared some packets for four meetings before a case is heard due to the current resolution. This creates a lot of problems because the Commissioners cannot always keep their original full -size documents. There have been times when we cannot get full -size documents from the applicants to put in the later packets so the Commission or Council ends up with the small reductions to review the case. Another factor is that the consultants have to submit 17 blueprints for each packet and if they have been tabled several times, resubmittal of prints costs them money and staff time to prepare in packet. L: \WP- FILES \RES- ORD \LIMT- CAS \POINTS3 March 26, 1997 Page 1 of 3 City of Southlake, Texas 4. Minimize Developer /Consultant Attendance: Currently the applicants /developers and their consultants must attend every meeting that their item is on the agenda, knowing that there is a high likelihood that their case will not be heard. This is bad for a couple reasons. The developer is paying the consultants to sit and watch the meeting and there is no need to waste anybody's money, even developers'. Second, with so many items on the agenda, half of the seats in the council chambers are full of developers and consultants and there is no seating available for citizens interested in the cases actually being heard. I have talked to developers about the new proposal and it is their preference to know that they will be heard 2 -3 meetings ahead, rather than sit through all meetings waiting to be heard. OVERALL CONCEPT: The concept is to limit the number of cases to be placed on the P &Z agenda rather than placing everything that is submitted on the agenda. The method to determine the number of cases on the agenda is a "point" system where points are actually minutes that it should take to reasonably review and act upon_ -an application. We would establish a maximum number of "points" to be placed on a given agenda, e.g. 240 points which would represent 240 minutes or 4 hours (7:00 p.m. to 11:00 p.m. approximately). Points analysis would be based on the table shown as Exhibit One in the resolution which represents all varieties of applications. We would process everything on a first -come first -served basis. HISTORICAL DATA: Attached is a "Summary of Times Taken" from P &Z and City Council meetings for approximately the past 6 -8 months. There is no scientific validity to the data, it represents deliberation times by Council or P &Z regarding different types of requests. We have tried to incorporate any perceived trends into the calculation of points needed to appropriately review particular items. RESOLUTION 97 -22: The attached resolution has been modified to reflect the proposed "points system. As brilliant as we may think this idea is, I have no doubt that it will need to be modified to work more efficiently once we have tried it out for several months. The fact that it is in resolution format would allow us to quickly modify the procedures in the future should we find the need. ADMINISTRATIVE PROCEDURES: Following are some administrative procedures that we would probably need to follow to make it work: a. We would process everything on a first -come first -served basis. b. We would accept cases until after the points were exceeded, i.e. we would not deny a case because the total points would then go over the allotted amount. We would have to make a judgement call if there was some capacity left in points and several related items came in together. I think it would be better to place them on the next agenda and deal with them concurrently. c. If an agenda were already established and an item was tabled onto it, we would still maintain all items on that agenda. d. If an item were tabled to a future agenda and the agenda had not yet been set, we would incorporate the tabled item into the point calculation in order to set the agenda. L: \WP- FILES \RES- ORD \LIMT- CAS \POINTS3 March 26, 1997 Page 2 of 3 City of Southlake, Texas e. We would like to maintain some type of ordinance on the agenda just in case everybody withdraws and there is nothing else to talk about. This is the weak link in the system. If we establish an appropriate agenda with a little more than we expect to be able to get to, then several items table or are withdrawn, we may finish earlier than expected. We may need to allocate the points so that we have more than we want to hear just to insure that this does not happen. f. All stand alone plats would be placed on the agenda regardless of submittal sequence and these plats would count towards the points total. If approval of these plats were based on zoning which was not existing at the time, we would give the applicant the opportunity to request that their plat be processed with their zoning request. g. Plats accompanied by related projects would also have to placed plats on the agenda unless the applicants agree to a deference so that the plat could be processed concurrently with their zoning change or other related request. h. It is likely that we would need to schedule extra meetings or have continuation meetings if the agendas became too backlogged. i. We would continue our current practice of penalizing the applicants for requesting tabling more than once. Currently the first time the applicant requests tabling we would place them at the top (or in the same order as anything else that tabled) of the agenda that they tabled to. On the second time that they request to table we place them back in the queue which is closer to the end of the future agenda. j. Note that we have allocated points for ordinances and master plan components. We would schedule them into the agenda as we would an development application. On issues that were deemed of immediate need we would probably place those items at the head of the agenda. Please place this on the next Council agenda for their consideration. Feel free to contact me or Karen if you have any questions. ( 1.-- GL /gl enc. Table - "Summary of Times Taken" dated February 27, 1997 Resolution No. 97 -22, draft dated March 27, 1997 Resolution No. 95 -24 for reference L: \WP- FILES \RES -ORD \LIMT- CAS \POINTS3 March 26, 1997 Page 3 of 3 _ ° C7 +' �n O kn O "? kn � v 0 0 0 0 0 0 C vl O O O O O M (O M O 4. 0 U cal 4-, 0 IA • w 0 ✓ ; G N O O O O O N N O O to a 0 ° F y o M M W C — — H 00 ., n V1 W - v N ` � ' VS A " 0 N N N �i M M o U - ° Z Z Z Z Z to N v ° Z o M N y O d -5 N [ h N O O O O O 00 O o0 N w a z z o F E g cn Oh 7 C W W " k tri A N "' E...., N `� o 0- o N H O A~ , r; Z Z Z Z Z v N Z - tri N a u. 0 0 cr o L En 0. CA a.> 0) 0 • U L A U cl 3 wg E o • `; 0 2 ° o o p a a > 0.) H O L L bA c y a" g U 0 rA N .._. a " y y 44. a , i, ti 6 " . j .5. E , p . N E C 0 1 N , N y 4 y N „ bA a y V Q c r a) C P -i C H N G O .N p, 0 as 0 t 0 C O L N 6) b4 N 0) oA O .-, 0) d O N- O U c) oA L U1 L 'C cT V' y 1--I .;.:1 , , pa b4 ^ p, •_., p. O. 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I ' '' i 1 , " .-z -, i% ,.,-- .1 II_ r 1 i - ;.? 1 . :: 1 l'ili • o k CHAPEL DOWNS ADDITION s.‘ i 7•AZ Z 1 i y - ! L UZ - MEDIUM DENSIT RESIDENTI y /L 0 . 8 ' • --..... ,,- .. S.: - .. 1 t ; l • e: l' 3 gPf l . i .i 0!„.,..,.. r Ei x o. • • . P li Nii 14 1 i q 1 ,.' , K 1I ; ,• IJ; 11M . k ILI ail ' • 1 2 l 751 _ „ -21 A • • s• ;W.:"... ;'' r r, i $ 4'1411 11111111 1 0 4 i 1 ! • I , !;'' I NIM .1 . a. ric' le. a 4;- 1st as2 o 1 N - , .;T---, -,. - IV F ' . e y : : :i rl 4114,11/11 I M - 4 q " i 17, ...‘; „ 4 : 5 f• : , - .1 ■•• ' ' . ' I i g I illelliii 1 5 r ."" 4 . i 0 '24 :1 ...„0 ill I i 1 ^ ° A ' ,Li lin::: '•,..= *Ill 6. ' Ja , -a 1 / ,-,, I 1 il I 1 1 1 • • ' i; it ill , . , j ; .■ \44 Tilie i 1111 Yr' ‘ %, .., - q vo.ifal 1 1 e. 1 F / i , pi 0010 grgAirja ! iiiiihl VI P. i r , .,,,, 111 1 1 1 11 1 ff. , 4:1•4•::4;;•:::•:14',;71.*.r 1 q 12 ••1':"1 1 ! 11111 .1 .., ; 4, 0 ni . ho t ,.. ,,... II ! li r, i . • - ,, .., ti 1::::: . F - 1 --- 1 4—.4 ct 1 4: r! iii411111111 . .. il Ill li ,' ,..: :! ---. 1111: 1, .„....., CARROLL I.S.D. POVEILIMONARY CHEATHAM & ASSOCIATES A , ..--- 1201 N. CARROLL AVE. — SOUTHLAKE, TEXAS 76092 "ESIEW CI. mamma MINI= - Smarm - moms W!!!MIIMISIPI■ .„... 7-8-9 GRADE SECONDARY SCHOOL 7nrst DOC WS 00( 'co ces. rerottv III L WAR WS. DURK MO A/ILUKTOD. TIM 7111 1•ValrillicIIITMII Au. MBirli oar SOUTHLAKE MPS ..or INTENX01 (117)641-0111 StS 11711 216-1.1. TM 017)161-1631 in llr mcom4on .0011 ?WOWS 7.0 WERE milk Mg( MHO M D. UNDO WI W 0ISION I 11110WP.,_,IPPEW 5120 IMPROVEMENTS ECOIE {, 080tesm etege irlueter, • Ye me. we vestal lottis kakita/arctitects r..........000 .00. 0 ar...... srrE PLAN City of Southlake, Texas AGENDA ITEM #10 -C MEMORANDUM March 28, 1997 TO: Curtis E. Hawk, City Manager FROM: Ron Harper, City Engineer SUBJECT: Authorize the Mayor to Enter into a Contract with Dunaway Associates for the Design of Roadway Improvements on W. Continental Blvd. from Davis Blvd. To S. White Chapel Blvd. Background W. Continental Blvd. was one of the streets included in the 1994 Street Bond Program. The original intent was to provide an "interim" road section with minimal drainage or alignment modifications. We are currently looking at alternates to deal with vertical and horizontal realignments, culvert and drainage improvements and widened pavement sections at key intersections. Dunaway Associates has provided us with a proposal for professional services for the design of this project. Previously, Dunaway Associates had been authorized to perform a preliminary analysis of routing and construction phasing of this section of roadway to determine if it would be possible to construct a portion of the "ultimate" roadway for the available funds. Due to tree issues, changes in the Master Thoroughfare Plan and inclusion of the off - street bike/hike trail, it was not feasible to construct any of the ultimate roadway section. Dunaway Associates has submitted a proposal in the amount of $86,700 for these professional services. Description Cost survey 18,660 bike path design 8,920 drainage analysis 1,360 design 49,600 Alternate "A" Design 8,160 (S. Peytonville Ave. at W. Continental Blvd.) Total $$5,700.00 The SPDC has previously agreed to the fee for the bike path design and SPDC will need to be MEMORANDUM CURTIS E. HAWK W. CONTINENTAL BLVD. IMPROV. MARCH 28, 1997 PAGE 2 responsible for the bike path construction funding. Available funds for this project include $555,750 in the budget and $75,000 committed by the Developer of Southlake Woods, Toll Brothers, for a total of $630,750. In addition, there are some Drainage Impact Fees that have been collected for the two major culverts that need to be extended. Dunaway Associates has estimated that the total engineering and constructing cost for this project is $933,755. There are several City Council requested items that have been included in the cost that have increased the funds required. Description Cost construct bike path 188,920 realign S. Peytonville Ave/W. 78,670 Continental Blvd. construct main road with concrete edge 72,000 similar to Timarron section widen intersections to 3 lanes 75,000 Total 5414,590.00 These items total $414,590 and if deducted from the current estimated cost would result in a funding need of $519,165. We will design and bid the project with all of these items with the exception of the intersection widenings as "Alternates ". In this manner we can proceed with the items, if either bids are favorable or if funds are available. Council Requested Items Council Member Harris has reviewed this contract and requested three changes: 1) Section 2, Paragraph 6 should state that the most applicable design standard shall be used. 2) Article II, Method of Payment should state that payment should be contingent on "acceptance of the invoice by the City ". 3) Article X, Insurance should be increased to $1 million and the City should be furnished with a copy of the insurance policy and should have assurance of notification of any policy changes. MEMORANDUM CURTIS E. HAWK W. CONTINENTAL BLVD. IMPROV. MARCH 28, 1997 PAGE 3 The consultant has agreed to all the above changes. Recommendation Staff recommends that the Mayor be authorized to enter into a contract with Dunaway Associates for the design of W. Continental Blvd. improvements. Please place this item on the Regular City Council Agenda for April 1, 1997, for City Council's 40 - w a . consideration. t RH/ls Attachment: Dunaway Associates Contract D : \W P- FILES \STREETS \BONDS \W -CONT. WPD City of Southlake, Texas - . • #11 - MEMORANDUM March 27, 1997 TO: Curtis E. Hawk, City Manager FROM: Greg Last, Community Development Director SUBJECT: Revisions to the Comprehensive Land Use Plan to include the Land Use Recommendations adopted with the Southlake corridor Study and other revisions It is my understanding that Councilmember Fawks has asked you to place this item on the agenda as a discussion item and that he has provided you mark -ups of the existing land use plan as well. I have had Chris Carpenter reproduce twelve (12) copies of these drawings for distribution in the packets. These reproductions were hand done due to time limitations. It is also my understanding that an objective of this request is to incorporate the Land Use • Recommendations as adopted by City Council with the approval of the Corridor Study in August of 1995. I have attached a copy of the Land Use Recommendations portion of that adopted study for your reference. As an observation, the mark -up maps include changes in the adopted land use plan which are outside the boundaries of the corridor study recommendations and there are some areas which do not conform to the recommendations of the corridor study. We would be glad to pursue this upon your direction. Please feel free to contact me if you have any questions. GL /gl enc. Reproduction of Land Use Plan mark -up offered by Councilmember Fawks Excerpts from the adopted Corridor Study regarding land use recommendations cc: Chris Carpenter, Comprehensive Planner I L: \WP- FILES \PROJECTS \LUP96- 97 \FAWKS 1. WPD 0 a o, vl v) y to�� 0 U • v 40 , E • 0 .E , , >. 3 . 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