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1997-08-05CITY OF SOUTHLAKE, TEXAS 667 NORTH CARROLL AVENUE REGULAR CITY COUNCIL MEETING AUGUST 5, 1997 MINUTES COUNCILMEMBERS PRESENT: Mayor Rick Stacy; Mayor Pro Tem W. Ralph Evans; Deputy Mayor Pro Tern, David Harris. Members: Scott Martin, Gary Fawks, Pamela Muller and Wayne Moffat. STAFF PRESENT: Curtis E. 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; Shawn Poe, Engineer; Ron Harper, City Engineer; Greg Last, Director of Community Development; Karen Gandy, Zoning Administrator; Kevin Hugman, Community Services Manager; Shell Simmer, Community Services Coordinator; Billy Campbell, Director of Public Safety; Wayne Olson, City Attorney; and, Sandra L. LeGrand, City Secretary. WORK SESSION: The work session was held to discuss agenda items by Council and staff. INVOCATION: Mayor Pro Tem W. Ralph Evans. The Regular City Council meeting was called to order at 6:15 p.m. by Mayor Rick Stacy. Agenda Item g2-A. Executive Session Mayor Rick Stacy advised the audience that Council would be going into executive session pursuant to Chapter 551 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 appointments and evaluation of public officials, and regarding the deployment on 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 7:10 p.m. Agenda Item #2-B. Action necessary/executive session Motion was made to authorize the City Manager and staff to proceed with obtaining an appraisal on property as discussed in executive session. Motion: Harris Second: Evans REGULAR CITY COUNCIL MEETING MINUTES AUGUST 5, 1997 ~AGE 1 OF 22 Ayes: Harris, Evans, Fawks, Muller, Moffat, Martin, Stacy Nays: None Approved: 7-0 vote Agenda Item #3. Aooroval of the Minutes of the July 15 and July 22. 1997 Meetings The Minutes of the July 15, 1997 City Council meeting were approved as presented. Motion: Harris Second: Evans Ayes: Harris, Evans, Fawks, Muller, Moffat, Martin, Stacy Nays: None Approved: 7-0 vote The Minutes of the July 22, 1997, City Council meeting were approved as presented. Motion: Harris Second: Muller Ayes: Harris, Evans, Muller, Moffat, Martin Nays: None Abstention: Stacy, Fawks Approved: 5-0-2 vote Agenda Item #4-A. Mayor's Renort Mayor Rick Stacy began the Mayor's Report by reading a proclamation proclaiming E1 Fuerte, Sinaloa, Mexico as a new Sister City for the City of Southlake. Mayor Stacy stated a group from Southlake including Scott Martin, Councilmember and Gary Fickes, President of the Southlake Sister City organization will be traveling to E1 Fuerte leaving on August 6 returning August 11, 1997 whereby officials will be entering into a Sister City relationship between Southlake and E1 Fuerte. Councilmember Scott Martin stated he is honored to be representing the Mayor, City Councilmembers, and citizens of the City in regard to entering into a new frontier with Mexico. Councilmember Pamela Muller stated she recently returned from a seminar in San Diego, California whereby the International Sister City Organization met to inform other city officials from around the world on the opportunities of having a Sister City. Ms. Muller noted some of the advantages of having a Sister City, adding, she will make a presentation in the near future with regard to some of the opportunities possible by Southlake being involved in the program. Other announcements include: Southlake 40th Birthday Celebration will continue on September 27, 1997. Call Tracy Southers for more information on the event scheduled to take place on the Fetchel Farm REGULAR CITY COUNCIL MEETING MINUTES AUGUST 5, 1997 PAGE 2 OF 22 (Town Center Property). The ground breaking for Bob Jones Park will be held on August 8, 1997 at 9:00 a.m. on site. Budget Work Sessions will be held on August 12, 13, and 14, 1997 from 5:00 p.m. to 10:00 p.m. each day at Solana Education Center. The public is invited to attend. Mayor Stacy informed the audience that he has formed a Mayor's ad hoc committee, entitled the Mayor's Ethics Ordinance Review Committee. He stated he asked the City Secretary to contact the ministers of the Southlake churches to participate on the committee. The Committee will review the ordinance and make recommendations to Council on changes that need to be made. The committee will have a kick-off luncheon in the near future. During the Mayor's Report, Bob Whitehead, Director of Public Works, was asked to inform the audience on the issue of City's water supply. He noted we are asking residents to conserve water after the City used 80 percent of its water supply in five consecutive days. The City's water supply has been steadily dwindling because of hot, dry weather, prompting the request for the second summer in a row. The City is requesting that residents with odd-numbered addresses water lawns on odd-numbered days and those with even-numbered addresses watt on even numbered days, between 4 a.m. and 8 a.m. Residents are also encouraged to follow a similar system when washing cars and sidewalks or filling pools. Whitehead said, "We're more prepared than we used to be. The City is now very good at monitoring our water supply." The City is planning two new water towers (on T.W. King and in the Miron Addition) and another new tank at the location of Pearson Lane and F.M. 1709. Aeenda Item #4-B. City Manaeer's Report During the City Manager's Report, the City Manager, Curtis Hawk, reported that we will kick- off the public hearing on the Comprehensive Land Use Plan on August 26, 1997. The public is invited to attend the public hearings and give their input. Agenda Item ~4-C. SPIN Report Doug McKelvey, 113 Hale Drive, Southlake, SPIN Representative for #14 gave the report this evening. Mr. McKelvey stated he has eight neighborhood council members. Mr. McKelvey stated his father is mayor of Palestine, Texas, therefore, he is very accustomed to working with cities and the programs offered. He stated the biggest issue in his area is the new Willington Court Addition, being proposed at the corner of South White Chapel Boulevard and West Continental Boulevard. The addition has proposed nineteen homes and hopefully the neighborhood will be welcomed to the community. Mr. McKelvey reminded everyone about the SPIN Summit being planned in the near future. REGULAR CITY COUNCIL MEETING MINUTES AUGUST 5, 1997 PAGE 3 OF 22 A_eenda Item #5. Consent Aeenda The Consent Agenda consisted of the following items: 5-A. Request to advertise for bids for the community stage at Bicentennial Park. 5-B. Authorize the Mayor to enter into a Commercial Developer Agreement with Carroll I.S.D. No. 2, 7-8-9 grade secondary school located on the west side of North White Chapel Boulevard, approximately 200' north of the intersection of Chapel Downs and North White-Chapel Boulevard. 5-C. Authorize the Mayor to enter into a Commercial Developer Agreement for The Village at Timarron, Phase I, located on the south side of West Southlake Boulevard, at the southeast corner of West Southlake Boulevard and Byron Nelson Parkway. 5-D. Authorization to advertise for bids for a 12-inch water line along the proposed Kirkwood Boulevard from Dove Street to the existing Kirkwood Boulevard and enter into an agreement with MTP/IBM for the 12-inch water line. 5-E. Resolution No. 97-57, Appoin~nent of Barry Friedman as SPIN #13 Representative. 8-C. Ordinance No. 480-250, 1st reading (ZA 97-090), Rezoning of approximately 3.32 acres situated in the Francis Throop Survey, Abstract No. 1511, and being Tract 4A. 8-D. ZA 97-091, Preliminary Plat for the proposed Lots 1 and 2, Higgins Addition, being legally described as approximately 3.32 acres situated in the Francis Throop Survey, Abstract No. 1511, and being Tract 4A. 8-E. Ordinance No. 681, 1st reading, Street name change for a portion of Stonebury Drive from Lot 1 to Lot 8 and extending through Lot 9 of Block 2 in Stonebury Addition to Indian Paintbrush Way. 8-F. Ordinance No. 682, 1st reading, Designating a contiguous geographic area in Southlake as Reinvestment Zone Number One, City of Southlake, Texas. 10-A. Award of bid for the slurry grouting of pipe bedding and repair of concrete street pavement in Timarron, Phase I. 10-D. To reject all bids for reconstruction improvements of Dove Street from the west city limits to Shady Oaks Drive and direct staff to advertise for bids for the revised West Dove Street reconstruction improvements from the west city limits to Shady Oaks Drive. Motion was made to approve consent agenda items #5-A, #5-B, making a modification on page REGULAR CITY COUNCIL MEETING MINUTES AUGUST 5, 1997 PAGE 4 OF 22 5d-12, deleting the phase "for outdoor activities" in the second paragraph of Section D, also approving items g5-c, g5-D, g5-E, g8-c, g8-D, g8-E, g8-F, and gl0-A, and gl0-D, rejecting all submitted bids and authorizing staff to rebid on items 10-A and 10-D. Also, deleting the requirement for off-site water in item g5-B. Motion: Harris Second: Muller Mayor Stacy read the caption of the ordinance in items g8-c, g8-E, g8-F. Ayes: Harris, Muller, Moffat, Martin, Evans, Fawks, Stacy Nays: None Approved: 7-0 vote ADDITIONAL INFORMATION ON CONSENT AGENDA ITEMS Request to bid for a portable community stage. The Park and Recreation Department budgeted this year to purchase a portable community stage for concerts and special events throughout the City. The cost of a customized stage that is large enough to ho ld the Lake Cities Community Band is estimated at $25,000. Commercial Developer Agreement for Carroll I.S.D. No. 2, 7-8-9 grade secondary school. Several of the items requested to be waived for which City reimbursement needs to be discussed in more detail includes: Park Fees: CISD has requested that the Park Fees be waived since many of the proposed facilities for outdoor activities are to be shared jointly between CISD and the City. The CISD has not met with the Park Board to discuss any credit or usage. Water Line: There is a 12" water line along the frontage of the school. Long term plans propose to replace this cast iron line with PVC. Funds for a portion of the replacement between F.M. 1709 and Highland Street will be requested in the FY97-98 Capital Projects Budget. The reason that CISD is relocating the 12" water line at this time is because of a conflict with the proposed storm drain system and utility relocation. Bonds:. Payment/Performance and 2-Year Maintenance Bonds. We are requesting that CISD provide the City with copies of the bonds that they are requiring from their contractors. Fees: The fees that have been requested to be waived for this project (not including building inspection fees) are summarized in the table below: 2% Administrative 3 % Inspection Water Impact-Domestic Water Impact-Irrigation $10,307.08 15,460.63 8,000.00 8,000.00 REGULAR CITY COUNCIL MEETING MINUTES AUGUST 5, 1997 PAGE 5 OF 22 SewerImpact 6,400.00 Roadway lmpa~ 11,298.26 Park Fee 25,316.00 Toml $84,781.97 Commercial Developer Agreement with The Village at Timarron, Phase I. Venus (Drews) Partners, V, L.P. is the developer for The Village at Timarron, Phase I Addition. All public utilities, water and sewer, will be within the development and therefore the developer's agreement is necessary. The agreement is standard except for the following changes: II.F. The last sentence has been altered to read, "The Developer agrees to accept responsibility for the construction and maintenance of all such aesthetic or specialty items such as walls, vegetation, signage, landscaping, street furniture, pond and lake improvements." This excludes the statement, "until such responsibility is turned over to the homeowners association." The Developer agrees to pay park fees of $500.00 per acre with approximately 3.50 acres, which totals, $1,750.00. The Developer also agrees that construction activities will meet the requirements of the Tree Preservation Ordinance. Authorization to bid a 12-inch water line along the proposed Kirkwood Boulevard from Dove Street to the existing Kirkwood Boulevard and enter into a an agreement with MTP/IBM for the 12-inch water line. Water service is scheduled to be extended to the IBM complex at Solana. This will eventually replace the water service they currently receive from Trophy Club MUD #1. MTP/IBM are providing the necessary easement and letter agreement. Staff recommends authorization to advertise for bid for a 12-inch water line along the proposed Kirkwood Boulevard from Dove Street to the existing Kirkwood Boulevard and enter into an agreement with MTP/IBM for the 12-inch water line. Resolution No. 97-57, Appoints Barry Friedmen as representative for SPIN Neighborhood #13. Mr. Freidman replaces Jim Goggin who moved from the area and left his position vacant since June 20. Ordinance No. 480-250 (ZA 974990), Rezoning the Higgins Addition, approximately 3.32 acres situated in the Francis Throop Survey, Abstract No. 1511, Tract 4A. Current zoning is "AG" Agricultural with a request for "SF-1A" Single Family Residential District. Owner: Elizabeth Higgins. 8-D. ZA 97-091, Preliminary Plat of Higgins Addition, approximately 3.32 acres situated in the Francis Throop Survey, Abstract No. 1511, Tract 4A. Owner: Elizabeth Higgius. 8-E. Ordinance No. 681, 1st reading, Street Name Change for a portion of Stonebury Drive REGULAR CITY COUNCIL MEETING MINUTES AUGUST 5, 1997 PAGE 6 OF 22 from Lot 1 to Lot 8 and extending through Lot 9 of Block 2, Stonebury Addition to Ind'mn Paintbrush Way. Since this basically makes a single street from the two streets, it will be necessary to rename a portion of Stonebury Drive to Indian Paintbrush Way. Ordinance No. 682, 1st reading, Designating a contiguous area in Southlake as Reinvestment Zone Number One and creating a Board of Directors for such zone. The ordinance further describes the required process which was followed in creating the Zone; reiterates the tax code and the qualifications required for creating an Investment Zone; establishes the board of directors for the Zone; describes how the Zone shall operate; and defines the life of the Zone. 10-A. In 1994 street failures were observed in the Phase I section of Timarron. Over the cour se of approximately 12 months discussions were held to determine the possible causes of the failures. In 1995, Wiss, Janey, Elstner Associates, Inc. was awarded a contract to investigate the possible causes of the failures. The actual testing was done by Alpha Testing. In 1996, a report was issued by Wiss, Janey, Elstner Associates, Inc. with their findings and recommended repairs. During the July 15,1997 City Council meeting, staff was asked to consider other alternatives that might bring the costs down for the proposed project. City Attorneys have stated that the City has only two alternatives- either accept the current low bid or rebid the project. The streets that have experienced pavement failure include: Phase I, Creekway Bend; Phase II, Bent Creek Drive; and Phase III Bent Creek Drive (west), Bent Trail Drive and Bent Trail Circle. Council authorized staff to reject all bids and rebid the project. 10-B. Bids have been received for reconstruction improvements of Dove Street from the western city limits to Shady Oaks Drive. This project included, as an alternate, the reconstruction of a box culvert under Dove Street to improve flows. This culvert would have been increased to the ultimate hydraulic capacity and roadway width. Council authorized staff to reject all bids and rebid the project. Agenda Item #6. Public Forum No comments were received during the public forum. Agenda Item g7-A, Ordinance No. 480-247. 2nd reading {ZA 97-074). Ordinance No. 480-247, 2nd reading (ZA 97-074), rezoning on property described as approximately 485 acres known as Solana. Owners: International Business Machines Corporation ("IBM"), Maguire/Thomas Partners-Westlake/Southlake Partnership, Maguire Parmers-Westlake Partnership, and MTP-IBM Phases II & III Joint Venture. Motion was made that the City voluntarily table item #7-A, as an act of courtesy and to coinmodate the Judge until our next scheduled meeting Ont. August 19, 1997 and continue the REGULAR CITY COUNCIL MEETING MINUTES AUGUST 5, 1997 PAGE 7 OF 22 public hearing. Motion: Harris Second: Martin Ayes: Harris, Martin, Evans, Fawks, Muller, Moffat, Stacy Nays: None Approved: 7-0 vote (to table) Agenda Item ~7-B, Ordinance No. 480-241, 2nd reading CZA 97-034L Rezonine of 320 West Highland Ordinance No. 480-241, 2nd reading (ZA 97-034), Rezoning of 320 West Highland, being approximately 6.311 acres situated in the Thomas M. Hood Survey, Abstract No. 706, and being Tract 8D. Current zoning is "AG" Agricultural District, with a requested zoning of "SF-1B' Single Family Residential District. Owner and applicant: Terry Robert Seaborn. SPIN Neighborhood #11. Karen Gandy, Zoning Administrator, commented that ten (10) notices were sent to property owners within the 200' notification area and five (5) written responses have been received from within the 200' notification area: Kay Myers, 570 Love Henry Court, Southlake, opposed; Bert Yetman, P.O. Box 1116, Grapevine, undecided, "no knowledge of amount of homes to be built or class of home(s)."; Jerry Passmore, 340 Highland Street, Southlake, opposed; Robin Blackwood, 280 W. Highland Street, Southlake, opposed; Doreen Seebeck, 480 W. Highland, Southlake, opposed. On May 1, 1997, the Planning and Zoning Commission approved this case with a 6-0 vote, with the following recommendations: a portion of the tract, being approximately one (1) area around the existing house on the southwest portion of the tract, be rezoned "SF-1B" Single Family Residential Distract; the remainder of the tract, being approximately 5.311 acres, be rezoned "SF-1A" Single Family District. PUBLIC HEARING: Terry Seaborn, owner and applicant. Mr. Seaborn stated he applied for zoning and wants all or nothing. Tim Railey, 440 West Highland, Southlake. Mr. Railey asked that Ms. Gandy restate her comments in regard to their not being enough frontage on the property for Residential Estates "RE" zoning. He asked the City Council to deny this request and put in a single home on the lot, and asked for variances needed to do so. Public Hearing closed. Mayor Stacy added, "The only difference in the zonings (SF-1A and SF-1B) is the size of the homes." Councilmember Martin stated if the neighborhood has a REGULAR CITY COUNCIL MEETING MINUTES AUGUST 5, 1997 PAGE 8 OF 22 problem with this request, they should offer to buy the property. Motion was made to approve Ordinance No. 480-241, 2nd reading. Motion: Harris Second: Martin Mayor Rick Stacy read the caption of the ordinance. Ayes: Harris, Martin, Evans, Fawks, Muller, Moffat, Stacy Nays: None Approved: 7-0 vote Agenda Item//7-C. ZA 97-068. Site Plan for Emergency Animal Hosnital ZA 97-068, Site Plan for an emergency animal hospital, on the proposed Lot 2, Block 1, Stonebridge Park, on property legally described as being approximately 0.65 acres situated in the Jesse G. Allen Survey, Abstract No. 18, and a portion of Tract 2D. Current zoning is "S-P-2" Generalized Site Plan District with "C-2" Local Retail Commercial District uses. Owner: N.T.V.M.G. Applicant: William E. Hickey. SPIN Neighborhood//16. Karen Gandy, Zoning Administrator, commented that seven (7) notices were sent to property owners within the 200' notification and no written responses have been received. The applicant has met all requiremems of the Site Plan Review Summary No. 1 dated June 27, 1997, with the exception of those requirements in the Summary No. 2 included in the packet information. Larry Hutto, broker representing the persons attempting to purchase the property. Mr. Hutto stated he is with Trophy Club Real-Estate. Mr. Hutto stated they have no problems with items in the Plan Review Summary No. 2 dated August 1, 1997. He noted they do intend to meet the articulation requirement. PUBLIC HEARING: No comments were received during the public hearing. Motion was made to approve ZA 97-068, pursuant to the Site Plan Review Summary No. 2 dated August 1, 1997. Motion: Martin Second: Muller Ayes: Martin, Muller, Moffat, Harris, Evans, Fawks, Stacy Nays: None Approved: 7-0 vote Agenda Item//7-D. Ordinance No. 480-248. 2nd readine (ZA 97-080L Ordinance No. 480-248, 2nd reading, (ZA 97-080), Rezoning of a portion of Lot 2, Block 1, Baker Estates, an addition to the City of Southlake, Tarrant County, Texas, according to the plat recorded in Cabinet A, Slide 1575, Plat Records, Tarrant County, Texas, and being approximately REGULAR CITY COUNCIL MEETING MINUTES AUGUST 5, 1997 PAGE 9 OF 22 1.2983 acres. Currem zoning is "SF-1A" Single Family Residential District, with a requested zoning of "RE" Residential Estate District. Owners and Applicants: Brandon and Charlotte Baker. SPIN Neighborhood #14. Karen Gandy, Zoning Administrator, commented that four (4) notices were sent to property owners within the 200' notification area and no written responses have been received. Ms. Gandy commented that a change of zoning to the "RE" Residential Estate District does not require a Concept Plan Review by staff. Brandon Baker, owner, was present for the meeting but had no comments. PUBIC HEARING: No comments were made during the public hearing. Motion was made to approve Ordinance No. 480-248, 2nd reading. Motion: Martin Second: Harris Mayor Rick Stacy read the caption of the ordinance. Ayes: Martin, Harris, Evans, Fawks, Muller, Moffat, Stacy Nays: None Approved: 7-0 vote Agenda Item g7-E. Ordinance No. 480-246. 2nd reading (ZA 97-055~ Ordinance No. 480-246, 2nd reading (ZA 97-055), Rezoning of approximately 5.63 acres situated in the Thomas Easter Survey, Abstract No. 474, being a portion of Tract 5. Current zoning is "AG" Agricultural District with a requested zoning of "O-1" Office District. Owner/Applicant: Ken Smith. SPIN Neighborhood #7. Karen Gandy, Zoning Administrator, commented that six (6) notices were sent to property owner s within the 200' notification area and four (4) written responses have been received from within the 200' notification area, including: Iva Lee Johnson, 720 Whispering Wood Circle, Southlake, opposed; Bobby Struempler, 700 Whispering Wood Circle, Southlake, opposed; Pamela Morrison, 710 Whispering Wood Circle, Southlake, opposed; and, Ken Shaffer, 1013 Brockbank, Dallas, opposed. Ms. Gandy noted due to approximately 25% opposition from property owners within the 200' notification area, a super-majority vote (6 of 7) by the City Council will be required to approve this request. This item was tabled from the July 15, 1997 City Council meeting. Councilmember Gary Fawks had questions with regard to the masonry fence. Ms. Gandy commented a "F-1" fence is a requirement of "O-1" and the 8' fence would serve as screening. REGULAR CITY COUNCIL MEETING MINUTES AUGUST 5, 1997 PAGE 10 OF 22 John Levitt, Levitt Engineers, 726 Commerce, Suite 104, Southlake. Mr. Levitt was present on behalf of owners, Ken and Darla Smith. Mr. Levitt presented brochures on the fence that Mr. Smith wants to build on the property. Councilmember Harris asked if Mr. Smith and the homeowners have talked. Mr. Levitt replied, "Yes, and the deed restrictions go with the zoning and not with the land." It was noted again that the deed restrictions are voluntary by the owners. It was noted this item will continue later in the meeting, giving the owners and the adjacent homeowners time to work out the terms of the deed restrictions. This item continues on page 15 of the minutes of this meeting. A?nda Item #7-F. Ordinance No. 480-249, 1st readine CZA 97-083L Ordinance No. 480-249, 1st reading (ZA 97-083), Rezoning and Concept Plan for T.W. King Water Storage Tank and Telecommunications Tower on property legally described as 4.5 acres situated in the R.D. Price Survey, Abstract No. 992D, Tract 21. Current zoning is "AG" Agricultural District with a requested zoning of "CS" Community Service District. Owner and Applicant: City of Southlake. SPIN Neighborhood #1. Curtis Hawk, City Manager, stated," This ordinance is one the staff is bringing to Council that will address needs that the City has, both in terms of water tank storage, and also our telecommunications towers which is mandatory if we are going to provide full coverage for emergency communications to our community." Karen Gandy, Zoning Administrator, commented the City of Southlake is the owner/applicant on the property requested for rezoning. Ten (10) notices were sent to property owners within the 200' notification area and one (1) written response has been received from William Lamoreaux, 6967 Blackwood Drive, Dallas, opposed, stating, "The 401' transmission tower will be detrimental to future development of homes. A similar proposition was defeated in June, 1994." PUBLIC COMMENTS: John Harbin, 2203 Plantation Oak, Trophy Club. Mr. Harbin stated he was called to represent the concerns about the tower by Mayor Jim Carter, Town of Trophy Club. He noted the concerns are because of the residents and safety of the tower. He noted they need a communications tower as well in Trophy Club, but there is opposition to the telecommunication tower itself and not the water tower. Councilmember David Harris noted that Denton County brought the site to Southlake. He stated Southlake is not selecting the height; this is a public safety issue for this part of Texas. REGULAR CITY COUNCIL MEETING MINUTES AUGUST 5, 1997 PAGE 11 OF 22 Mr. Harbin stated he cannot believe this is the only site for this tower. Mayor Stacy stated Council appreciates his concern and his professionalism, and he challenged Mayor Carter to find another site for this communication tower. Motion was made to approve Ordinance No. 480-249, 1st reading; subject to the Concept Plan Review Surmnary No. 2 dated August 1, 1997; deleting item #1, subparagraphs A-F; allowing the requested variances; and, deleting item #3. 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/f'/-G. Resolution No. 97-055 (ZA 97-084~ Resolution No. 97-55, (ZA 97-084), Specific Use Permit for T.W. King Telecommunication Tower, on property legally described as 4.5 acres situated in the R.D. Price Survey, Abstract No. 992D, Tract 21. Current zoning is "AG" Agricultural District, with a requested zoning of "CS" Community Service District. Owner and Applicant: City of Soutlflake. SPIN Neighborhood #1. Karen Gandy, Zoning Administrator, commented that nine (9) notices were sent to property owners within the 200' notification area and one (1) written response was received, from William Lamoreaux, 6967 Blackwood Drive, Dallas, opposed. Ms. Gandy noted on July 17, 1997, the Planning and Zoning Commission approved ZA 97-084, subject to the Concept Plan Review Summary No. 1 with the following amendments: 1) allow variance to requirement #la (bufferyards); 2) allow variance to requirement #lb (landscape area and plantings); 3) allow variance to requirement #1f (tower compound should be enclosed with either an 8' solid screening fence, 8' masonry wall, or a combination wrought iron fence with an eight (8') foot evergreen hedge); 4) allow requirement #lc (proposed tower is a lattice-type) to discretion of engineers. PUBLIC HEARING: No comments were made during the public hearing. Motion was made to approve Resolution No. 97-55 (ZA 97-084), subject to the Concept Plan Review Summary No. 2, dated August 1, 1997; deleting item #1 subparagraphs A-F; allowing the requested variances; and, deleting item #3. Motion: Harris Second: Evans Ayes: Harris, Evans, Fawks, Muller, Moffat, Martin, Stacy Nays: None Approved: 7-0 vote REGULAR CITY COUNCIL MEETING MINUTES AUGUST 5, 1997 PAGE 12 OF 22 Agenda Item #7-H. ZA 97-086. Revised Concent Plan for Southlake Woods and Stonebu~ ZA 97-086, Revised Concept Plan for Southlake Woods and Stonebury, on property legally described as being approximately 73.9846 acres situated in the W.R. Eaves Survey, Abstract No. 500, being tracts 2A4, and 2A5, and a portion of 2A2, the T.J. Thompson Survey, Abstract No. 1502, being Tracts 1D, 2, 2A, 2A2, 2A3, and 2B; and being 23.1641 acres known as Stonebury, an addition to the City of Sonthlake, Tarrant County, Texas, according to the plat recorded in Cabinet A, Slide 2917, Plat Records, Tarrant County, Texas. Current zoning is "SF-20A' Single Family Residential District. Applicant: Dowdey, Anderson, and Associates, Inc. Owner; Toll Brothers, Inc. SPIN Neighborhood//14 and #15. Karen Gandy, Zoning Administrator, commented, that thirty-seven (37) notices were sent to property owners within the 200' notification area and four (4) written responses have been received from the following: Lori Livingston, 2002 West Continental Boulevard, Southlake, opposed; Harry Gillian, 624 Merrill Drive, Southlake, undecided; Albertson's Inc. Robert Rissing, Senior Real Estate Manager; 7580 Oak Drove Road, Fort Worth, in favor; Don Reukema 908 Shadywood Drive, Southlake, undecided. Ms. Gandy noted the Planning and Zoning Commission approved this item with a 6-0-1 vote subject to the Concept Plan Review Summary No. 1 dated July 11, 1997. Elver Brunei, Toll Brothers, 2210 Stanford Court, McKinney, Texas. Mr. Brunei stated he is here to answer questions for Council. He noted they have no problems with the concept review letter. Councilmember Scott Martin stated he greatly appreciates the efforts made on behalf of the safety of the citizens. PUBLIC HEARING: The public hearing resulted with no comments from the audience. Motion was made to approve the revised Concept Plan for Southlake Woods and Stonebury subject to the Concept Plan Review Summary No. 2 dated August 1, 1997. Motion: Fawks Second: Muller Ayes: Fawks, Muller, Martin, Harris, Evans, Stacy Nays: None Approved: 6-0 vote Councilmember Wayne Moffat left the room and did not vote. Agenda Item gT-I. ZA 97-087. Revised Preliminary_ Plat for Southlake Woods and Stoneburv ZA 98-087, Revised Preliminary Plat for Southlake Woods and Stonebury, being legally described as 113.04 acres being Tracts 2A4, 2A5 and 2A2, in the W.R. Eaves Survey, Abstract No. 500, REGULAR CITY COUNCIL MEETING MINUTES AUGUST 5, 1997 PAGE 13 OF 22 Tracts 1D, 2, 2A, 2A2, 2A3, and 2B, T.J. Thompson Survey, Abstract No. 1502, a Plat Revision of Lots 3,4,5,6, and 7, Airpark Estates, as recorded in Volume 388-123, Page 99, P.R.T.C.T. and being 23.1641 acres known as Stonebury, an addition to the City of Southlake, Tarrant County, Texas, according to the plat recorded in Cabinet A, Slide 2917, Plat Records, Tarrant County, Texas. Current zoning is "SF-20A" Single Family Residential District. Applicant: Dowdey, Anderson and Associates, Inc. Owner: Toll Brothers, Inc. SPIN Neighborhoods #14, and #15. Karen Gandy, Zoning Administrator, made a brief presentation noting fifty-three (53) notices were sent to property owners within the 200' notification area and five (5) responses were received from within the 200' notification area from: Lori Livingston, 2020 W. Continental Boulevard, Southlake. She stated, "any changes that would affect the current plans and stipulations previously made are a concern. Especially, if any of the changes are to be made adjacent to my property. I plan to attend the Planning and Zoning meeting so I can get a clearer view of the changes requested. "; Harry Gillian, 624 Merrill Drive, Southlake, undecided; Ruth Couch 603 David Boulevard, Southlake, in favor; Bobby Harrell, 920 South Peytonville Avenue, Southlake, in favor. The applicant has met all the requirements of Plat Review Summary No. 1 dated July 11, 1997, with the exception of those items addressed in the Plat Review Summary No. 2 dated August 1, 1997. A representative of the applicant was present, but made no comments. Motion was made to approve ZA 97-087, Revised Preliminary Plat, subject to the Plat Review Summary No. 2, dated August 1, 1997; deleting item #4 and allowing as submitted. Motion: Martin Second: Harris Ayes: Martin, Harris, Evans, Fawks, Muller, Stacy Nays: None Approved: 6-0 vote Councilmember Wayne Moffat was out of the room and did not vote. Agenda Item #7-J. ZA 97-088. Plat Revision for Stoneburv ZA 97-088, Plat Revision for the proposed Lots 8R, 8X (Common Area No. 2), 10R, llR, 12R, and 13R, Block 2, and Lot 13R, Block 1, Stonebury, being a revision of Lots 8 through 13, Block 2, and Lot 13, Block 1, Stonebury, an addition to the City of Southlake, Tarrant County, Texas, according to the plat recorded in Cabinet A, Slide 2917, Plat Records, Tarrant County, Texas, and a portion of Tract 2A2 situated in the W.R. Eaves Survey, Abstract No. 500. Current zoning is "SF-20A" Single Family Residential District. Applicant: Dowdey Anderson and Associates, Inc. Owner: Toll Brothers, Inc. SPIN Neighborhood #14. REGULAR CITY COUNCIL MEETING MINUTES AUGUST 5, 1997 PAGE 14 OF 22 Karen Gandy, Zoning Administrator, commented there were two (2) notices sent to property owners within the 200' notification area and no written responses have been received. Motion was made to approve ZA 97-088, Plat Revision in Stonebury, subject to the Plat Review Summary No. 2 dated August 1, 1997. Motion: Harris Second: Evans Ayes; Harris, Evans, Fawks, Muller, Martin, Stacy Nays: None Approved: 6-0 vote Councilmember Wayne Moffat was out of the room and did not vote. Agenda Item #7-E, Continued (Ordinance No. 480-246 (ZA 97-055) John Levitt, Levitt Engineers, stated after some deliberation in the other room, he is pleased to announce that Mr. Smith and the adjacent homeowners have agreed to the following changes in regard to the deed restrictions, and that the neighbors have accepted: 1) the deed restriction will go with the land and not with the zoning as currently stated; 2) the six-foot screening fence will be constructed by Superior Fence Products, as shown in the brochure presented to Council this evening. The homeowners have a statement they would like to make as well. PUBLIC HEARING: Ken Schaffer, 10139 Brockbank, Dallas. Mr. Schaffer stated they have reached an agreement with the applicant and he wishes to withdraw his opposition to the zoning change. Lowell Morrison, 710 Whispering Woods Circle, Southlake, stated he wishes to withdraw his objection to the zoning and has one correction to the deed restrictions, in Section 1 which states that "0-1 does not include Lot 2 of the restricted area. He thanked Councilmembers and especially Gary Fawks and Pamela Muller for helping them out with this zoning change. Bobby Struempler, 700 Whispering Woods Circle, Southlake, withdrew his objection to this zoning change. Public Hearing closed. Motion was made to approve Ordinance No. 480-246, 2nd reading, acknowledging the efforts made by Mr. Ken Smith and engineer, John Levitt, and the neighborhood in coming to closure on this matter. The applicant agrees to file the deed restrictions as soon as possible. Motion: Martin Second: Harris Mayor Rick Stacy read the caption of the ordinance. REGULAR CITY COUNCIL MEETING MINUTES AUGUST 5, 1997 PAGE 15 OF 22 Ayes: Martin, Harris, Evans, Fawks, Muller, Moffat, Stacy Nays: None Approved: 7-0 vote Councilmember Fawks thanked everyone involved for going the extra mile. Agenda Item g'/-K. ZA 97-065, Develooment Plan for Timarron Addition. Wvndsor Creek. Phase II ZA 97-065, Development Plan for Timarron Addition, Wyndsor Creek, Phase II, on property legally described as being approximately 15.925 acres situated in the Obediah W. Knight Survey, Abstract No. 899, and being Tracts 6, 6B, 6B1, 6B2, 6B3, 6E, and 6F1. Current zoning is "R-P- U-D" Residential Planned Unit Development District. Owner and Applicant: Westerra-Timarron, L.P. SPIN Neighborhood #9. Karen Gandy, Zoning Administrator, commented during the July 15, 1997 City Council meeting the applicant requested to table this item and to continue the public hearing to July 22, 1997, and again on August 5, 1997. Councilmember Wayne Moffat commented his concern is density. He asked, "Why would we give a waiver other than to give the developer three (3) extra lots." Todd Jensen, Carter & Burgess, 7950 Elmwood Drive, Dallas. Mr. Jensen stated he has complied with the review letter dated August 4, 1997. He noted on item 3B the proposed street into the sight exceeds the maximum length (1000') and the maximum number of lots (20) for a cul-de-sac. The proposed length is approximately 1160' and the proposed number of lots is 25. Mr. Jensen noted they have dropped the lot count to 23 lots. He asked for an all-weather street at the end of Street C and on Longford Drive. Mr. Jensen also asked for relief from item #3-A (alignment to west or east Perry Circle). PUBLIC HEARING: Bryan Bazaar, 2700 Longford Drive, Southlake. Mr. Bazaar stated they have worked with the developer on this issue. He feels that if Street C goes through it would create too much traffic. They support the developer and the use of Byron Nelson Parkway for ingress, egress. Ed Kennedy, 1120 Longford Circle, Southlake. Mr. Kennedy stated he is pleased with the development and wants to thank the City Council for standing up for the citizens. Public Hearing closed. Council adjourned for recess at 9:05 p.m. REGULAR CITY COUNCIL MEETING MINUTES AUGUST 5, 1997 PAGE 16 OF 22 Council returned to open session at 9:20 p.m. Mr. Jensen stated they will comply with 20 lots or connect Street C through to Carroll Avenue. They are prepared to do either/or. Motion was made to accept the Development Plan Summary for ZA 97-065, subject to the Revised Development Plan Review Summary No. 3, dated August 1, 1997; that it complies with the review summary; that an emergency access be provided to South Carroll; complying with the public safety and the city engineers' recommendations; and also, with the emergency access as discussed earlier by Staff, providing Longford Drive (to the north) with grass-crete; recognizing the developers option to hold to 20 lots; deleting item #3-A requirement (aligning Street A with either East Perry Circle or West Perry Circle). Motion: Muller Second: Martin Ayes: Muller, Martin, Moffat, Harris, Fawks, Stacy Nays: Evans Approved: 6-1 vote Agenda Item #8-A. ZA 97-066, Prellmlnarv Plat for Timarron Addition. Wvndsor Creek. Phase II ZA 97-066, Preliminary Plat for Timarron Addition-Wyndsor Creek, Phase 13[, on property legally described as being approximately 15.925 acres in the Obediah W. Knight Survey, Abstract No. 899, and being Tracts 6, 6B, 6B1, 6B2, 6B3, 6E, and 6Fl. This plat proposed twenty-six (26) residential lots and three common greens. Current zoning is "R-P-U-D" Residential Planned Unit Development District. Owner and Applicant: Westerra-Timarron L. P. SPIN Neighborhood #9. Karen Gaudy, Zoning Administrator, commented that nineteen (19) notices were sent to property owners within the 200' notification area and that two (2) written responses have been received from: Connie Montague, 1125 Longford Circle, Southlake, in favor; Timothy Kirst, 808 Longford Drive, Southlake, opposed, stating, "Street A connects in to Longford Drive, allowing the entry of anyone from Continental. Housing is too dense." Councilmember Scott Martin reminded Todd Jensen that he has the option to table the preliminary plat until he comes back with a comfortable plan. Mr. Jensen asked that the preliminary plat be tabled time certain August 19, 1997. Motion was made to table ZA 97-066, at the request of the applicant, time certain August 19, 1997. Motion: Martin Second: Harris Ayes: Martin, Harris, Evans, Fawks, Muller, Moffat, Stacy REGULAR CITY COUNCIL MEETING MINUTES AUGUST 5, 1997 PAGE 17 OF 22 Nays: None Approved: 7-0 vote (to table) Agenda Item #8-B, Ordinance No. 480-Z, 1st reading, Regulatinns for Gasoline Service Stations Ordinance No. 480-Z, 1st reading, Establishing regulations for gasoline service stations (with or without convenience stores, car washes, and other related ancillary uses). Karen Gandy, Zoning Administrator, gave an overview of the discussions and actions which have taken place to date, and commented the work group established the following review objectives: determine the appropriate locations for these facilities i.e,, intersections (with or without signalization or mid-block); determine the appropriate approval process and zoning district(s); establish architectural design standards/development regulations to address: minimum lot size, roof design and articulation, ancillary uses (i.e., car washes, kiosks), impervious coverage, traffic flows and circulation patterns, latest trend of partnering with food companies, and hours of operation. Motion was made to approve Ordinance No. 480-Z, 1st reading, chang e s: Section 1: Section 2: Section 3: Mayor Stacy suggested as this is a first reading, Council should go forward with some kind of motion, finalizing the ordinance by the second reading. subject to the following No changes No changes Changes to the following subparagraphs: General Criteria: Add to the second bullet, "and F.M. 1938" for locations permitted at either intersections or at mid-block. Residential Adjacency: Add to the 135' gasoline pump, pump island, canopy, and car wash setback and 50' dumpster setback regulations: "or designated as low or medium density residential on the city's Land Use Plan." Building Design: Delete reference to the "F.M. 1709 Corridor" in the first paragraph and also delete "All locations (including F.M. 1709 Corridor)." Site Design: Add a new subparagraph entitled, "Landscaping": where parking is provided between the building setback line and any public R.O.W., shrubs obtaining a mature height of three feet (3') or greater must be planted at a minimum spacing of th'my inches (30") on center confmuous along all paved edges of the parking or driving areas." Section 4: No changes Section 5-11: Standard boilerplate. Motion: Fawks Second: Martin REGULAR CITY COUNCIL MEETING MINUTES AUGUST 5, 1997 PAGE 18 OF 22 Mayor Rick Stacy read the caption of the ordinance. Ayes: Fawks, Martin, Moffat, Muller, Harris, Evans, Stacy Nays: None Approved: 7-0 vote Agenda Item #10-B. Variance to Sien Ordinance No. 506-B. Bur~.er Kine Bob Whitehead, Director of Public Works introduced the request for variance to the Sign Ordinance No. 506-B, for Burger King, located at 2025 West Southlake Boulevard, in the Southlake Market Place, Phase II. Whitehead noted they are requesting two variances. First, the sign on the north side of the building consists of the name "Burger King" with a Burger King logo that is five-foot square. The sign ordinance limits logo height to 30 inches based on proximity to Southlake Boulevard. The total sign area of 47 square feet is within the 142 square feet allowed by the ordinance. The applicant states Burger King's sign assortment is limited in size and shape and does not comply with sign codes for the City of Southlake. The applicant is asking the City Council to grant a variance to the Sign Ordinance requirement to allow the "logo" sign height to be greater than 30 inches. Second, the applicant also requests an additional 4 ft. by 4 ft. "logo" sign on the rear of the building. This is more than the one attached sign per street frontage allowed since the building has only one side fronting Southlake Boulevard. The applicant states, "It will enhance the appearance of the drive through and make it seem less like the back side of the building to the customers who frequent (sic) the shops behind our building." The applicant also po inted out that the customers in the shops to the south of the building will not know it is a Burger King and that the total square footage of the front and rear signs do not exceed the total allowed by the ordinance. The applicant requests that Council grant a variance to the Sign Ordinance by allowing a 4 ft. by 4 ft. "logo" sign on the rear (south elevation) of the building. Motion was made to deny the request for the two variances as noted above. Motion: Muller Second: Harris Ayes: Muller, Harris, Evans, Fawks, Moffat, Stacy Nays: Martin Denied: 6-1 vote Agenda Item #10-C. Request for Variance to the Siun Ordinance No. 506-B. for Wendy's Bob Whitehead, Director of Public Works, presented the request for variance to the Sign Ordinance No. 506-B, for Wendy's located at 2130 East Southlake Boulevard, in Village Center, Phase I. Whitehead noted Carey Foster of Starlite Sign Company has applied for a variance to the sign ordinance for the Wendy's restaurant located in the Village Shopping Center at 2130 East Southlake Boulevard. The proposed monument sign, front attached sign, and menu board signs REGULAR CITY COUNCIL MEETING MINUTES AUGUST 5, 1997 PAGE 19 OF 22 comply with the sign ordinance. Mr. Foster would like to place an additional attached sign on the driveway entrance side to the shopping center, according to Mr. Whitehead. The sign ordinance limits establishments to one attached sign per street frontage, which is satisfied by the "Wendy's" sign located on the face of the south side of the building. The applicant claitns that the entrance to the shopping center functions as a street and should be treated as such. He would like the driveway to be considered additional street frontage which then would allow for additional signage. Motion was made to deny the request for variance to the Sign Ordinance. Motion: Harris Second: Muller Ayes: Harris, Muller, Moffat, Evans, Fawks, Stacy Nays: Martin Approved: 6-1 vote Agenda Item #11-A, Discussion: Charter Amendment Election Curtis Hawk, City Manager, stated this item was placed on the agenda as a reminder of the upcoming Charter Election to be held on November 4, 1997, if Council so desires to have an election as planned, There are some things in terms of printing the ballots, determining the propositions for the ballot and other preparations that needs to be done. The election must be called no sooner than 75 days prior to the election or no later than 45 days prior to the election. He noted we need enough time prior to the election for proper preparation by the City Attorney and City staff. After discussion, it was suggested the list of possible amendments be given to the City Attorney to prepare as propositions, returning to Council for final direction. Aeenda Item #11-B. Discussion: Pitched Roof Re~,ulations Karen Gandy, Zoning Administrator, noted that Counciimember Gary Fawks asked that this item be placed on the Council agenda for discussion. She stated a copy of the City of Bedford's "CSED," Cheek-Sparger Entrance District, is attached to the packet information. This overlay district encompasses land along Creek-Sparger Road from S.H. 121 on the east to Westpark Lane on the west. Councilmember Gary Fawks stated he asked for this ordinance from Bedford because of the simplicity in which it was written. Mr. Fawks asked the City Attorney, Wayne Olson, if there is a reason we can or cannot exclude a zoning district. Mr. Olson stated he would look at the ordinance and understands the direction the City Council wants. REGULAR CITY COUNCIL MEETING MINUTES AUGUST 5, 1997 PAGE 20 OF 22 Curtis Hawk, stated the attorney will prepare a draft ordinance and bring back to the City Council for review prior to moving on to the Planning and Zoning Commission. Agenda Item #11-C. Discussion: Impervious Coveraee Karen Gandy, Zoning Administrator, presented a draft of Ordinance No. 480-BB, Maximum Lot Coverage and Maximum Impervious Coverage, as requested by Councilmember Gary Fawks. She noted there are changes to the zoning ordinance regarding maximum lot coverage and maximum impervious coverage as recommended by the Impervious Coverage Work Group comprised of Councilmember Fawks, and Planning and Zoning Commissioners, Ann Creighton and Debra Edmondson. Councilmember Gary Fawks stated the work group was trying to go forward and get off-center with this ordinance. Mayor Stacy asked Councilmember Fawks for models of impervious coverage ordinances and to bring back to the City Council prior to going forward at the Planning and Zoning Commission level. Agenda Item/f2-A, Continued. Executive Session Mayor Stacy advised the audience that Council would be going back into executive session pursuant to Chapter 551 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 discussion the purchase, exchange, lease or sale of real property and to consider the appointments and evaluation of public officials, and regarding the deployment on specific occasions for implementation of security personnel or devices. Council returned to executive session at 10:35 p.m. Council returned to open session at 11:20 p.m. Agenda Item #2-B. Action Necessary No action was taken as the result of the executive session. Agenda Item #12. Adjournment The meeting was adjourned at 11:20 p.m. by Mayor Rick Stacy. REGULAR CITY COUNCIL MEETING MINUTES AUGUST 5, 1997 PAGE 21 OF 22 ATTEST: Sandra L. LeGrand City Secretary. D:\WP-FILES\MINUTES\CC-8-5-9. MIN REGULAR CITY COUNCIL MEETING MINUTES AUGUST 5, 1997 PAGE 22 OF 22 City of South lake Street Name Change Stonebury Drive Exhibit A IND IAN PAINTBRUSH W �• S�T jNEBURYCT� II / STONEBURY DR BE-6 / 1- \\ \ \ \ CD =NV ] % MS 4) g•C L, o \ = au = 1 0 > \ o to o % d 0 a. 1 1 4.111 % 0 1 % g I 4) OG \ o •... a \ \ p % m - , \ \ \ iii 1 -- - 4, gra i ri? ..„„,,, .--- • \,,, A.,...bot 11 i 1 , _ ... .., k IHf� M '' I , „....„"ii i .--/- /- 11111 LiUSI g i� t 1 II II "� MI Mfi1,.., Exhibit 546