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1997-09-02CITY OF SOUTItLAKE, TEXAS 667 NORTH CARROLL AVENUE REGULAR CITY COUNCIL MEETING SEPTEMBER 2, 1997 MINUTES COUNCILMEMBERS: Mayor Rick Stacy; Mayor Pro Tem W. Ralph Evans; Deputy Mayor Pro Tern David Harris. Members: Pamela Muller, Wayne Moffat, and Gary Fawks. CITY 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; Run Harper, City Engineer; Dennis Killough, Planner; Karen Gandy, Zoning Administrator; Johnny Knight, Deputy Director of Public Safety; Kim Lenior, Director of Parks and Recreation; Billy Campbell, Director of Public Safety; Kevin Hugman, Manager of Community Services; Sean Leonard, Court Administrator; Wayne K. 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 6:00 p.m. by Mayor Rick Stacy. Agenda Item/f'I-A. Ordinance No. 480-247. 2nd reading. Ordinance No. 480-247, 2nd reading (ZA 97-074), Rezon'mg on property described as approximately 485 acres knows as Solana and situated in the U.P. Martin Survey, Abstract No. 1015; T.W. Mann Survey, Abstract No. 1107; the J.B. Martin Survey, Abstract No. 1134; the C.M. Throop Survey, Abstract No. 1510; the W. Medlin Survey, Abstract No. 1958, Tarrant County, Texas; William Pea Survey, Abstract No. 2025, Tarrant County, Texas, and same being Abstract No. 1045, Denton County, Texas, and the J. Henry Survey, Abstract No. 724, Tarrant County, Texas, the same being Abstract No.528, Denton County, Texas. Currem zoning is "AG" Agricultural District, with a requested zoffmg of "NR-PUD" Non- Residential Planned Unit Development for a Mixed Use Business Complex, known as Solana, to include the following uses: "0-2" Office District, "C-3" General Commercial District, "B-i" Business Service Park District, "CS" Community Service District, and "HC" Hotel District. Owners: Internatinnal Business Machines Corporation ("IBM") Maguire/Thomas Partners- REGULAR CITY COUNCIL MEETING MINUTES SEPT. 2, 1997 PAGE 1 OF 21 Westlake/Southlake Partnership, Maguire Partners-Westlake Partnership, and MTP-IBM Phases II & III Joint Venture. SPIN Neighborhood undeterm'med. Karen Gandy, Zoning Administrator, commented this item is a continuation of the public hearing from the first reading of the ordinance. PUBLIC HEARING: No comments were received during the public hearing. Motion was made to approve Ordinance No. 480-247, 2nd reading subject to the Plan Review Summary #3, dated August 1, 1997. 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 g'/-B. Ordinance No. 686. 2nd reading FY 1997-98 Operating Budget Ordinance No. 686, 2nd reading, was not discussed tonight. Motion was made to table Ordinance No. 686 until September 16, 1997, continuing the public hearing at that time. Motion: Harris Second: Martin Ayes: Harris, Martin, Evans, Fawks, Muller, Moffat, Stacy Nays: None Approved: 7-0 vote (to table) Agenda Item/f/-C. PUBLIC HEARING ON THE TAX RATE This item was not discussed, however, a motion was made to table the public hearing on the tax rate time certain September 9, 1997, during the Special City Council meeting, continuing the public hearing. Motion: Harris Second: Martin Ayes: Harris, Martin, Evans, Fawks, Muller, Moffat, Stacy Nays: None Approved: 7-0 vote (to table) REGULAR CITY COUNCIL MEETING MINUTES SEPT. 2, 1997 PAGE 2 OF 21 Agenda Item #7-D, Ordinance No. 685. 2nd reading. Tax Levy Ordinance. This item was not discussed, however, a motion was made to table Ordinance No. 685, 2nd reading time certain September 16, 1997, continuing the public hearing. Motion: Harris Second: Martin Ayes: Harris, Martin, Evans, Fawks, Muller, Moffat, Stacy Nays: None Approved: 7-0 vote (to table) Agenda Item g7-J. Ordinance No. 682. 2nd reading. Southlake Reinvestment Zone No. 1 Ordinance No. 682, 2nd reading, An ordinance designating a contiguous geographic area in Southlake as Reinvestment Zone Number One, City of Sonthlake. This item was not discussed this evening, however, a motion was made to table Ordinance No. 682, 2nd reading until the September 16, 1997 City Council meet'rog, continuing the public hearing. Motion: Harris Second: Martin Ayes: Harris, Martin, Evans, Fawks, Muller, Moffat, Stacy Nays: None Approved: 7-0 vote (to table). Agenda Item gS-D. ZA 97-104, Plat Showing Lots 7 & 8, O.W. Knight No. 899 Addition ZA 97-104, Plat Showing of Lots 7 & 8, O.W. Knight No. 899 Addition, being approximately 3.99 acres, was tabled at the request of the applicant, time certain September 16, 1997. Motion: Harris Second: Martin Ayes: Harris, Martin, Evans, Fawks, Muller, Moffat, Stacy Nays: None Approved: 7-0 vote (to table). Agenda Item #2-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 REGULAR CITY COUNCIL MEETING MINUTES SEPT. 2, 1997 PAGE 3 OF 21 to consider the appointment 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 6:10 p.m. Council returned to open session at 7:10 p.m. A_eenda Item g2-B. Action Necessary/Executive Session Motion was made to authorize the City Manager to draft a letter of commitment and bring it back to Council as soon as possible, committ'mg the City to engage in the project in the southern part of town, with regarding to the traffic problem there. Motion: Harris Second: Mart'm Ayes: Harris, Ma~'m, Evans, Fawks, Muller, Moffat, Stacy Nays: None Approved: 7-0 vote Agenda Item #3. Approval of the Minutes of August 19 and August 26, 1997 Motion was made to approve the minutes of the City Council meeting held on August 19, 1997. Motion: Harris Second: Evans Ayes: Harris, Evans, Fawks, Muller, Stacy Nays: None Abstention: Moffat and Martin Approved: 5-0-2 vote Motion was made to approve the minutes of the City Council meeting held on August 26, 1997. Motion: Harris Second: Evans Ayes: Harris, Evans, Fawks, Muller, Moffat, Martin Nays: None Abstention: Stacy Approved: 6-0-1 vote Agenda Item #4-A. Mayor's Report Mayor Rick Stacy welcomed everyone in the audience tonight. He commented on the very successful Jerry Lewis Telethon to benefit muscular dystrophy over the week-end, thanking everyone who participated. He stated he has worked on the Telethon over the years and when you REGULAR CITY COUNCIL MEETING MINUTES SEPT. 2, 1997 PAGE 4 OF 21 deal with young people who are stricken with this desease and see their positive attitude, it is something to see. Other announcements under the Mayor's Report, include: The final 40th Birthday Celebration will be held on September 27, 1997 at the Fechtel Farm property (now Southlake Town Center). For reservations to this event, call Tracy Southers, Public Information Officer at the Administration Building. Mayor Pro Tem Ralph Evans reported on the Mayor's Ethics Ordinance Review Committee, which will meet again on September 10, 1997 at 12 noon in the administrative building conference room. The public is invited to attend. Budget work sessions are currently being held. The budget is available for public examination in the Office of the City Secretary. The first public hearing was held on August 19, 1997, and the second public hearing was scheduled for tonight, however, tabled until September 16, 1997. The kick-off meeting for the Lane Use Plan was held on August 28, 1997 at 7:30 p.m. The dedication ceremony for the new 5 million gallon water tank on Pearson and F.M. 1709 will be held at 9:30 a.m. on September 10, 1997. The public is invited to attend. A Commercial Developers Round Table will be held on September 26, 1997 at 9:00 a.m. in the Council Chambers at City Hall. Agenda Item #4-B. City Manaoer's Report No report was given. Agenda Item #4-C. SPIN Reoort David Baltimore, Chairman of the SPIN Standing Committee, reported on the Joint SPIN and City Council meeting held on August 28, 1997, noting the Neighborhood Sewer Program was discussed. Mr. Baltimore also commented on the SPIN Summit which will be held on October 26, 1997, from 3 to 5 p.m. Agenda Item #5. Consent Agenda Mayor Stacy read into the record the items to be considered on the consent agenda: REGULAR CITY COUNCIL MEETING MINUTES SEPT. 2, 1997 PAGE 5 OF 21 5-A. Commercial Developer Agreement for Miron Addition located 2,600 feet west of the intersection of East Southlake Boulevard (F.M. 1709) and Kimball Avenue. Authorize the Mayor to execute a concurrence contract for sanitary sewer improvements on a sewer line extension from the S-2 sewer trunk line to serve Sutton Place CDBG Project No. B96-UC-48-0001-60-15. 5-C. Authorization to advertise for bids for intersection improvements at State Highway 26 and South Kimball Avenue. 8-A. Ordinance No. 480-253, 1st reading (ZA 97-093), Rezoning of Brock Addition. 8-B. ZA 97-094, Plat Revision for the proposed Lots 1R and 3R, Brock Addition. 8-C. Ordinance No. 480-254, 1st reading (ZA 97-103), Rezoning 3.99 acres. 9-A. Resolution No. 97-40, Establishing the procedures for a Special Election called by the City Council for November 4, 1997. Motion was made to approve the consent agenda consisting of items #5-A, #5-B, #5-C, #8-A, #8- B (subject to the summary review letter dated August 29, 1997) #8-C, and #9-A. Motion: Harris Second: Martin Mayor Rick Stacy read the caption of Ordinances No. 480-253 and Ordinance No. 480- 254, as required in the City Charter. Ayes: Harris, Martin, Evans, Fawks, Muller, Moffat, Stacy Nays: None Approved: 7-0 vote ADDITIONAL INFORMATION ON CONSENT AGENDA ITEMS Commercial Developer Agreement for Miron Addition located 2,600 feet west of the intersection of East Southlake Boulevard (F.M. 1709) and Kimball Avenue on the south side of East Southlake Boulevard. There are no modifications to this standard developer agreement. It was noted that Park Fees are applicable for this project, based on the date of the plat. Fees are $500 per acre. Concurrence Contract for the Sanitary Sewer Improvements on a Sewer Line Extension from the S-2 sewer trunk line to serve Sutton Place CDBG Project. There is an element of confusion regarding this project which is related to the provisions for services from the REGULAR CITY COUNCIL MEETING MINUTES SEPT. 2, 1997 PAGE 6 OF 21 trunk line to the individual homes. The cost estimates that were originally prepared by Cheatham and Associates and presented to Council for authorization included provisions for connections from the homes to the sewer trunk line and backfilling the existing septic tanks. This was specifically confirmed for eligibility under the CDBG Project with the County who said that the service connections could be covered, but it would have to be from a separate fund source other than CDBG. When the pubic meetings with residents of Sutton Place, as well as Oak Lane were held, staff told them there should be no out-of- pocket expenses on their part. Many of them dedicated right-of-way and provided easements at no cost to the City based on their understanding that they would have no costs in the project. It has now come to the attention of staff that the other fund source that the County had discussed, is an individual qualifying process for each resident. The problem is that the qualification threshold is different for CDBG funds than it is for individual rehab type funds. The County cannot fund approximately 20 of the services through the CDBG grant or through the individual rehab fund due to inability to qualify individually. The County staff and Southlake staff have worked together to estimate the cost of providing the individual services to the homes. The estimate at this point is $51,000 for all of the lots requiring service. Low bidder for the project is C.E. Cook & Sons, Inc., Roanoke, Texas, with a base bid of $113,377.25. This amount is under the total grant amount of $116,500.00. Council approved a commitment to cover the cost of providing the services to the non-qualifying residents of Sutton Place. Authorization to advertise for bids for intersection improvements at SH 26 and South Kimball Avenue. The Commercial Developers Agreement for Heritage Industrial Park states, "The developer hereby agrees to improve State Highway 26 at the Continental Drive (now S. Kimball Avenue) intersection. Such improvements will include: an acceleration lane, deceleration lane, left-mm lane, street signalization, and traffic control devices. The City will reimburse the developer or its designee one-half of the total construction costs or $111,500 whichever is less for State Highway 26 and East Continental Boulevard intersection improvements when East Continental Boulevard is extended from the existing South Kimball Avenue to SH 26. Because the City's share of the total is greater than $15,000, the City Attorney recommends that the State requkement for municipal bids be followed. Therefore, even though the City's share of the cost for these improvements will not be paid until South Kimball Avenue is connected as a through street, which may be from one to ten years, the City and Trammel Crow need to publicly advertise and bid this project. The staff's intent is to proceed similarly to the construction of South Kimball Avenue in Heritage Industrial Park, i.e, bid the project in agreement with Trammel Crow to manage the project. This project is needed to safely accommodate the traffic entering and existing South Kimball Avenue at SH 26. The first office/warehouse to open in the Business Park is in Southlake. REGULAR CITY COUNCIL MEETING MINUTES SEPT. 2, 1997 PAGE 7 OF 21 '7 Ordinance No. 480-253, 1st reading (ZA 97-093) Rezoning of Brock Addition on property legally described as the south 20' of Lot 2, Brock Addition, an addition to the City of Southlake, Tarrant County, Texas, according to the plat recorded in Volume 388-44, Page 40, Plat Records, Tarrant County, Texas. Current zoning is "CS" Community Service District, with a requested zoning of "SF-1A' Single Family Residential District. Owner and Applicant: E.I. Wiesman. ZA 97-094, Plat Revision for the proposed Lots 1R and 3R, Brock Addition, being approximately 10.147 acres and being a revision of Lot 3R, J.G. Allen No. 18 Addition, an addition to the City of Southlake, Tarrant County, Texas, according to the plat recorded in Cabinet A, Slide 2174, Plat Records, Tarrant County, Texas, and Lots 1,2, and 3, of the Brock Addition. Owner and Applicant: E.I. Wiesman. Ordinance No. 480-254, 1st reading ZA 97-103), Rezon'mg being legally described as approximately 3.99 acres situated in the O.W. Knight Survey, Abstract No. 899 and being Tract 2B1. Current zoning is "AG" Agricultural District, with a requested zoning of "SF- IA" Single Family Residentmi District. Applicant: Brad Barrington. Owner: Sandra Kay Talley. 9-A. Resolution No. 97-40, Establishing the procedures for a Special Election called by the City Council for November 4, 1997, for the purpose of holding a Charter Amendment Election. Agenda Item//6. Public Forum No comments were made during the public forum. Agenda Item//7-E, ZA 97-023. Site Plan for Chevron Lot 1. Block 1. Village Center ZA 9%023, Site Plan of Chevron, Lot 1, Block 1, Village Center, being approximately 0.934 acres situated in the Thomas Mahan Survey, Abstract No. 1049. Current zoning is "C-3" General Commercial District. Owner: T & M Southlake Development. Applicant: Chevron Products Company. SPIN Neighborhood//4. Karen Gandy, Zoning Administrator, commented this item was tabled on July 15, 1997, to cunt'mue on August 19, 1997. On August 19, 1997, this item was tabled to continue the public hearing at the September 2, 1997 City Council meet'rog, per City Council's request. The applicant has met all requirements in the Site Plan Review Summary No. 1 dated May 30, 1997; and the Site Plan Review Summary No. 2 dated June 27, 1997; with the exception of those requirements in Site Plan Review Summary No. 3 dated July 11, 1997. REGULAR CITY COUNCIL MEETING MINUTES SEPT. 2, 1997 PAGE 8 OF 21 '5' Don Walker, Chevron, 9150 Royal Lane, Irving. Mr. Walker stated Chevron has been located on SH 114 in Southlake since 1981, and due to the fact that the State Highway will be widened, they have purchased the property in Village Center. He noted the facility will have a 3,000 square foot convenience store with six fueling dispensing units. He noted they will have a one-way entrance into the shopping center and they have designed the building to fit the center, made of stucco and brick with a barrel title roof. Mr. Walker stated this will be a high quality project and an asset to the City of Southlake. Councilmember Martin informed Mr. Walker that when they apply for a sign permit, they should not plan on asking for variances to the sign ordinance. Mr. Martin also commented on driveways and asked for sidewalks on Village Center Drive. Mr. Walker agreed they could provide that. CONTINUATION OF THE PUBLIC HEARING: Pattie Minder, 223 Eastwood Drive, Southlake. Ms. Minder thanked the City Council for the striping on F.M. 1709. She proceeded to read a letter she received from Mr. Don Silverman dated February 1996. Ms. Minder also read a letter of opposition from she and her husband dated September 2, 1997, which was presented to the City Council this evening. The letter is hereby made a part of the minutes of this meeting. Pubic hearing closed. Councilmember Scott Martin stated he wanted to say a few things before Council gets off the subject. He stated he welcomed Mr. Don Silverman when he first came to the Southlake community, speaking in favor of his applications every single time he made a presentation before the various commissions and City Council. He stated he told Mr. Silverman many fanes that he needed to keep his promises to the citizens of Southlake and has been very disappointed that Mr. Silverman has not kept his promises made to the citizens on this particular issue. Mr. Martin said, "We don't want people to misrepresent their plans to the City Council, we want developers to keep their word." Councilmember Pamela Muller stated that Mr. Silverman lied to her directly on this project. Ms. Muller said, "it is unfortunate because it makes Councilmember skeptical in dealing with other developers that come to the community and try hard to follow the appropriate ordinances and requirements.' She noted this is a very difficult vote and that she wishes to abstain on this item because she is too emotionally involved because she was lied to directly and she does not feel she could make a fair decision. She said, "It is wrong what Mr. Silverman has REGULAR CITY COUNCIL MEETING MINUTES SEPT. 2, 1997 PAGE 9 OF 21 done." Mayor Rick Stacy stated he does not disagree with Councilmember Muller because of the misrepresentation. In order for Council to try and make an honest decision and do the right thing, Council has to base it on what was presented to Council. Stacy said, "it is a difficult decision because Council knows what has happened, but at the same time, the applicant has met all the requirements that Council has legally to judge the case. Council has to go forward and do whatever is best for the overall community, regardless of what some developer has told Council and the community." Motion was made to approve ZA 974)23, Chevron's application pursuant to Site Plan Review Summary No. 3, dated July 11, 1997; also, adding the applicant's agreement to add additional safety one-way traffic markings on the one-way street to the east of their project; reflecting the applicant's agreement to construct a meandering concrete sidewalk along Village Center Drive, matching the side and detailing the one proposed along F.M. 1709 in front of their site and connecting to the common access easement to the north of their site. Motion: Martin Second: Moffat Mr. Moffat wished to clarify his position, that Council cannot vote against something and be on right moral ground. Ayes: Martin, Moffat, Harris, Evans, Fawks, Muller, Stacy Nays: None Approved: 7-0 vote Agenda Item g7-F. Resolution No. 97-049 (ZA 97-024~, Soecific Use Permit for the Sale of Packaged Beer for Off-Premises Consumption Resolution No. 97-049, (ZA 97-024), Specific Use Permit for the sale of packaged beer for off- premise consumption for Lot 1, Block 1, Village Center (Chevron), being approximately 0.934 acres situated in the Thomas Mahan Survey, Abstract No. 1049. Current zoning is "C-3" General Commercial District. Owner: T & M Southlake Development. Applicant: Chevron Products Company. SPIN Neighborhood #4. Karen Gandy, Zoning Administrator, commented that six (6) notices were sent to property owner s within the 200' notification area and one (1) written response has been received from Southlake Lane, Ltd., 301 Commerce Street, Ste. 1205, Fort Worth, in favor noting, "It will be an added REGULAR CITY COUNCIL MEETING MINUTES SEPT. 2, 1997 PAGE 10 OF 21 convenience to the residents of Southlake. ' Don Walker, Chevron, was present to answer questions of Council. Mr. Walker commented on the sale of alcoholic beverages and their policy of selling to minors. PUBLIC HEARING: No commems were received during the public hearing. Motion was made to approve Resolution No. 97-049, (ZA 97-024), subject to the Site Plan Review Summary No. 3 dated July 11, 1997 with the same conditions as noted in agenda item #7- E. Motion: Martin Second: Harris Ayes: Martin, Harris, Evans, Fawks, Muller, Moffat, Stacy Nays: None Approved: 7-0 vote Agenda Item #7-G. Ordinance No. 480-251.2nd reading {ZA 97-095) Ordinance No. 480-251, 2nd reading (ZA 97-095), Rezoning on property legally described as approximately 0.93 acres situated in the Thomas Easter Survey, Abstract No. 474, being a portion of Tract 5. Current zoning is "I-1" Light Industrial District with a requested zoning of "O-1" Office District. Owner and Applicant: Ken Smith. SPIN Neighborhood #7. Karen Gandy, Zoning Administrator, commented that five (5) notices were sent to property owners within the 200' notification area and one (1) response has been received from Pamela Morrison, 710 Whispering Wood Circle, Southlake, in favor. Ms. Gandy commented that a change of zoning to the "O-1" Office District does not require a Concept Plan review by staff. The purpose of this zoning request is to clean up a segment of "I-1" zoning which protrudes into a portion of a lot along the west portion of the property. She noted the deed restrictions regard'rog the adjacent "0-1" zoning request have been included in the packets. This property would also be subject to those restrictions. John Levitt, Levitt Engineering, was present to answer questions of Council. PUBLIC HEARING: No comments were made during the public hearing. Motion was made to approve Ordinance No. 480-251, 2nd reading as presented. Motion: Harris Second: Muller Mayor Rick Stacy read the caption of the ordinance. REGULAR CITY COUNCIL MEETING MINUTES SEPT. 2, 1997 PAGE 11 OF 21 Ayes; Harris, Muller, Moffat, Martin, Evans, Fawks, Stacy Nays: None Approved: 7-0 vote Agenda Item/f'/-H, Ordinance NO. 480-252. 2nd readine CZA 97-097~ Ordinance No. 480-252, 2nd reading (ZA 97-097), Rezoning and Concept Plan for Wilmington Court, on property legally described as approximately 11.383 acres situated in the Hiram Granberry Survey, Abstract No. 581, and being Tracts IA, lB, and lC. Current zoning is "AG" Agricultural District, with a requested zoning of "SF-20A" Single Family Residential District. Applicant: Four Peaks Development, Inc. Owners: Alvin R. Jackson (Tract IA), Lannie Joe Roach (Tract lB), and Trustees, E-Systems, Inc. Pool Trust (Tract lC). SPIN Neighborhood //14. Karen Gandy, Zoning Administrator, commented that twenty-four (24) notices were sent to property owners within the 200' notification area and two (2) responses were received from: Paul and Melanie Bursted, 506 Vicksburg Way, Southlake, in favor, "Single family! Consistent with Monticello, Princeton Park, Timberlake neighborhoods." and Ralph Williams, 1177 Adams Lane, Southlake, in favor, "good use for this parcel." Ms. Gandy reported seven (7) notices were received from outside the notification area. David McMahan, 1335 Hidden Glen, Southlake. Mr. McMahan stated he is representative of Four Peaks Development, Inc., adding, he has reviewed the Concept Plan Review Summary and with the exception of items//4 (right-of-way) and #9, is asking that Council approve this action subject to the same conditions as during the first reading of the ordinance. He stated he would like to keep the street name "Wilmington Court." Cotmcilmember Scott Martin stated he is happy to see this property coming forward as a residential community. Councilmember Gary Fawks asked about the fence. Mr. McMahan stated the fence would be wooden with stone columns about 50 feet apart. The wood would be either shadow box, over lap boards, or board on board. He has not made a decision as of this time. PUBLIC HEARING: Melanie Brennan, 811 Dominion Drive, Southlake. Opposed to the wooden fence. Linda Dudas, 713 Dominion Drive, Southlake. Opposed to the wooden fence. Rick Parker, 404 Bayou Vista, Southlake. Opposed to the wooden fence. REGULAR CITY COUNCIL MEETING MINUTES SEPT. 2, 1997 PAGE 12 OF 21 Tom Morris, 403 St. Charles Street, Southlake. Opposed to the wooden fence. Carolyn Hill, 403 St. Charles Street, Southlake. Opposed to the wooden fence. Kerry W. Brennan, 811 Dominion Drive, Southlake. Opposed to the wooden fence. Anthony Binggeli, 807 Dominion Drive Southlake. Opposed to the wooden fence. Mark Depker, 803 Dominion Drive, Southlake. Opposed to the wooden fence. Pat Depker, 803 Dominion Drive, Southlake. Opposed to the wooden fence. Carolyn Morris, 403 St. Charles Street, Southlake. Ms. Morris stated the wood fence is not consistant with the surrounding development. Timarron has extensive stone fencing abd is set- back from the road. This developer has not allowed for that. This addition will be an extremely visible comer and future visual blight at that corner. Ms. Morris gave a slide presentation of the fences in the city, showing the many "old" wooden fences vs. the brick or stone fences. Public hearing closed. Councilmember Muller asked Mr. McMahan if he could put up a masonry fence. David MaMahan stated, he cannot put in a masonry fence, noting, he only has nineteen (19) lots to spread the cost for the fence. He would rather not have any screening, but the ordinances require it. He noted he has a 1600' frontage and it would be over three times as much money to build masonry. He added, he will put up a stained product and it will look nice. Council adjourned for recess at 8:45 p.m. Council returned to open session at 9:00 p.m. Motion was made to approve Ordinance No. 480-252, 2nd reading (ZA 97-097), subject to the Concept Plan Review Summary No. 1 dated August 29, 1997; allowing 8 foot right-of-way dedication along the two lots backing up to South White Chapel Boulevard; allowing the street name to be Wilmington Court in the entire subdivision. Motion: Fawks Second: Evans Mayor Rick Stacy read the caption of the ordinance. Ayes: Fawks, Evans, Martin, Harris, Muller, Moffat, Stacy Nays: None Approved: 7-0 vote Mayor Stacy stated on the citizens' behalf, he wished the developers of Dominion would have spent less on the fence and more on the drainage. We would all be better off. The more we progress, the better we get. He is very sympathic to the citizens present, and hopes that Council will find a way to improve the ordinance REGULAR CITY COUNCIL MEETING MINUTES SEPT. 2, 1997 PAGE 13 OF 21 with regardtofences. Councilmember Scott Martin commented that as Council has moved through the deliberations while serving the last sixteen or so months, they have served the citizens and that many items have reared their ugly heads to Council and said this is something that needs to be addressed. This is probably one of those issues that needs to be looked at. David McMahan stated he will continue to look at alternative solutions to the fencing of this addition. Agenda Item #7-I. ZA 97-089. Site Plan for Oakmont Plaza ZA 97-089, Site Plan for Oakmont Plaza, on property legally described as being Lot 3, Block 3, Diamond Circle Estates, an addition to the City of Southlake, Tarrant County, Texas, according to the plat recorded in Volume 388-177, Page 7, Plat Records, Tarrant County, Texas. Current zoning is "O-1" Office District. Owner and Applicant: 2 Diamond Ltd. SPIN Neighborhood #10. Karen Gandy, Zoning Administrator, commented that eleven (11) notices were sent to property owners within the 200' notification area and five (5) written responses have been received from within the area, from: Sara J. Mellinger, 919 Emerald, Southlake, opposed; Rich O'Day, 921 Emerald, Southlake, opposed; Elaine Woods, 1040 Diamond Boulevard, Southlake, opposed; Southern Home Realty, Inc, Gary Yarborough, President, opposed. Ms. Gandy noted twenty- eight (28) notices were received from outside the notification area. Richard Myers, 920 South Main Street, Grapevine. Mr. Myers stated he is representing the applicant on this project, adding, he has reviewed the comments in the Site Plan Review Summary, and stated he has had no luck in obtaining a cross access drive. Mr. Myers stated he has met with the area homeowners and they are happy, but still opposed because of the two story structure. He stated he feels having two driveways is worse than having one driveway. The building will be 5,000 sq.fi, on each floor. The occupants will be (at this time) an orthodontist and a residential realtor. Councilmember Martin stated he feels the City is asking for trouble in approving this driveway access. Councilmember David Harris stated the City Council cannot ignore the traffic problems this location will create with the driveway next to the existing driveway. REGULAR CITY COUNCIL MEETING MINUTES SEPT. 2, 1997 PAGE 14 OF 21 PUBLIC HEARING. No comments were received during the public hearing. Motion was made to deny ZA 97-089, Site Plan for Oakmont Plaza. Motion: Harris Second: Muller Ayes: Harris, Muller, Moffat, Martin, Evans, Fawks, Stacy Nays: None Denied: 7-0 vote Agenda Item #8-E. ZA 97-105. Revised Preliminary Plat for Timarron Addition. Wyndsor Grove. Phase II. ZA 97-105, Revised Preliminary Plat for Timarron Addition, Wyndsor Grove, Phase II, legally described as being approximately 27.206 acres situated in the O.W. Knight Survey, Abstract No. 899, and being a portion of Tracts 8Fl, 8H, and 8H1. This plat proposed sixty-one (61) residential lots and two (2) common greens. Current zoning is "R-PUD" Residential Planned Unit Development District. Owner and Applicant: Westerra-Timarron, L.P. Karen Gandy, Zoning Administer, noted that twenty-three (23) notices were sent to property owners with'm the 200' notification area and two (2) written responses have been received from: Kerry Brennan, 811 Dominion, Southake, undecided; and Jane M. Hansen 704 Longford Drive, Southlake in favor. Four (4) responses were received from outside the notification area. Todd Jensen, Carter & Burgess, Inc. 7950 Elmbrook Drive, Dallas. Mr. Jensen stated he has received and reviewed the Plat Review Summary No. 1 dated August 15, 1997 and they did request, and P & Z did accept, a variance to Item #10 and he asked Council to delete that item as well. Mr. Jensen explained the drainage problems that have occurred as the result of the drainage plan prepared by the engineers of the Dominion, adding, the channel was designed for a fully developed Timarron. PUBLIC COMMENTS: Rick Parker, 404 Bayon Vista, Dominion Addition. Mr. Parker presented a slide presentation showing the effects of the drainage problems in the Dominion and noted the water runs onto Lots 5&6. Melanie Brennan, 811 Dominion Drive, Southlake. Mrs. Brennan stated Mr. Jensen stated he would help the situation by putting in a berm. There are major problems to their property caused by the drainage problems. She noted they have a great concern for safety, and that th e developer of Wyndsor Phase II increased the velocity of the water by 40%, and noted, she now has a river REGULAR CITY COUNCIL MEETING MINUTES SEPT. 2, 1997 PAGE 15 OF 21 of 3 feet deep. $70,000 or more to repair the problem is a small price to pay for the safety of the children. If we can take action now, that will save lives. She noted the drainage plan for Dominion was approved by the City. Kerry Brennan, 811 Dominion Drive, Southlake. He stated he concurs with the conversation by his wife. This problem needs to be addressed. Linda Dudas, 713 Dominion Drive, Southlake. Drainage problems are a concern. She referenced drainage swells between Lots 5 & 6. This situation has altered her property, her time, her life and her pool. Mark Depker, 803 Dominion Drive (Lot 10). Mr. Depker stated his lot was to have a drainage easement and it is not on the property at all. Ron Harper, City Engineer, noted the builders have been red tagged. Pat Depker, 803 Dominion, Southlake. Opposed due to the drainage problems. Carolyn Morris, 403 St. Charles Court, Southlake. Ms. Morris stated she feel s their subdivision is directly impacted and she encouraged the homeowners to let their elected officials know of the drainage problems. She asked the City Council to consider this very carefully. They have seen Phase I and cannot even image Phase II. Tom Morris, 403 St. Charles Court, Southlake. Opposed. Anthony Bengali, 807 Dominion Drive, Southlake. Opposed. Todd Jensen, Carter & Burgess, Inc. Mr. Jensen addressed the City Council and the residents present stating, they do have problems, and he will work out the solution all the way tot he pond. He noted he will work to correct the problem. Bob Whitehead, Director of Public Works, noted it is a public easement and the City's to maintain. Mayor Stacy suggested before anymore plats are approved, the engineer for the developer and City Engineers must come to some agreement and plan on how to correct the problems. Motion was made to table ZA 97-105, time certain September 16, 1997 at the request of the applicant. Motion: Harris REGULAR CITY COUNCIL MEETING MINUTES SEPT. 2, 1997 PAGE 16 OF 21 Second: Fawks Ayes: Harris, Fawks, Muller, Moffat, Martin, Evans, Stacy Nays: None Approved: 7-0 vote (to table). Agenda Item//8-F. Ordinance No. 480-255. 1st reading (ZA 97-107) Ordinance No. 480-255, 1st reading (ZA 97-107), Rezoning on property legally described as approximately 1.1719 acres situated in the John A. Freeman Survey, Abstract No. 529, and being Tracts 4Al and 4A4. Current zoning is "AG" Agricultural District with a requested zoning of "0-1" Office District. Applicant: Secure Source, Inc. Owner: JAMB Enterprises. SPIN Neighborhood//7. Dave Macastrio, 1400 West Northwest Highway, Suite 280, Grapevine. Mr. Macastrio stated he is representing Secure Source, Inc. He noted the plans are to use the property as office space for a consulting business. Motion was made to approve Ordinance No. 480-255, 1st reading. Motion: Martin Second: Fawks Mayor Rick Stacy read the caption of the ordinance. Ayes: Martin, Fawks, Muller, Moffat, Harris, Evans, Stacy Nays: None Approved: 7-0 vote Agenda Item//8-G. Ordinance No. 480-256. 1st readino {ZA 97-109} Ordinance No. 480-256, 1st reading (ZA 97-109), Rezoning and Revised Concept Plan for Saint Laurence Epsicopal Church, being a rezoning of property legally described as being approximately 2.813 acres situated in the Samuel Freeman Survey, Abstract No. 525, and being Tract 5B5, and a revised concept plan on property described as being 5.704 acres and being Lot 1, Block A, Saint Laurence Episcopal Church Addition, an addition to the City of Southlake, Tarrant County, Texas, according to the plat recorded in Volume 388-213, Page 36, Plat Records, Tarrant County, Texas, and Tract 5B5 in the Samuel Freeman Survey, Abstract No. 525. Current zoning is "AG" Agricultural District with a requested zoning of "CS" Community Service District. Owner and Applicant: Saint Laurence Episcopal Church. SPIN Neighborhood//6. Karen Gandy, Zoning Administrator, commented that the land use category for this property is "mixed use." She noted fourteen (14) notices were sent to property owners within the 200' notification area and two (2) responses have been received from: Donald A. Perry, 2712 East REGULAR CITY COUNCIL MEETING MINUTES SEPT. 2, 1997 PAGE 17 OF 21 Southlake Boulevard, Southlake. Mr. Perry said, "I have no particular objection." Jim Carter, 519 North Kimball Avenue, Southlake, was in favor. Councilmember Scott Martin stated he sees no problem with the existing conditions on the site and the Department of Public Safety has no problems. Jim Carter, 16100 Heather Lane, Southlake. Mr. Carter stated he is here to answer questions of Council. Motion was made to approve Ordinance No. 480-256, 1st reading, subject to the Concept Plan Review Summary No. 2 dated August 29, 1997; deleting item #4 in its entirety; deferring compliance with item #3 until the City needs the right-of-way that is required; also requiring that when the applicant repositions the parking so that it is no longer in the right-of-way, that he do so so that it is not positioned in any bufferyard. Motion: Harris Second: Martin Mayor Stacy read the caption of the ordinance. Ayes: Harris, Martin, Evans, Fawks, Muller, Moffat, Stacy Nays: None Approved: 7-0 vote Agenda Item g8-H. ZA 9%110. Plat Revision for Saint Laurence Episcopal Church Addition ZA 97-110, Plat Revision for the proposed Lot 1R, Block A, Saint Laurence Episcopal Church Addition, being a revision of Lot 1, Block A, Saint Laurence Episcopal Church Addition, an addition to the City of Southlake, Tarrant County, Texas, according to the plat recorded in Volume 388-213, Page 36, Plat records, Tarrant County, Texas and Tract 5B5 situated in the Samuel Freeman Survey, Abstract No. 525, being a total of 5.704 acres. Current zon'mg is "AG" Agricultural District (Tract 5B5), Samuel Freeman Survey, Abstract No. 525 and "CS" Community Service District (Lot 1, Block A, Saint Laurence Episcopal Church Addition). Owner and Applicant: Saint Laurence Episcopal Church. SPIN Neighborhood #6. Karen Gandy, Zoning Administrator, commmented that one (1) notice was sent to property owners within the 200' notification area and no written response was received. Jim Carter, applicant representing the church, stated he has no problems with the summary. Motion was made to approve ZA 9%110, Plat Revision, subject to the Plat Review Summary No. 1 dated August 15, 1997. Motion: Fawks REGULAR CITY COUNCIL MEETING MINUTES SEPT. 2, 1997 PAGE 18 OF 21 Second: Martin Ayes: Fawks, Martin, Evans, Harris, Moffat, Stacy Nays: None Approved: 6-0 vote (Councilmember Muller left the room and did not vote) Agenda Item #8~I. Ordinance No. 677. 1st reading. Calling a Special Election Ordinance No. 677, 1st reading, Calling a Special Election to be held on November 4, 1997 for the purpose of amending the City Charter; providing ballot propositions; providing that this ordinance be cumulative of all ordinances; providing a severability clause; and providing an effective date. Curtis Hawk, City Manager, stated in order to meet the timetable, Council must approve first reading of the ordinance calling for the Charter election at this meeting. According to the statue, the items to be included on the ballot must be included in the ordinance. If Council will approve the first reading tonight, it will give Council time to review and further discuss the propositiom during the Special City Council meet'rog to be held on September 9 and have the second reading at the September 16, 1997 meeting. Motion was made to approve Ordinance No. 677, 1st reading, with he understanding that Council can delete the propositions at that time, but cannot add additional propositions to the ordinance, Motion: Harris Second: Evans Mayor Stacy read the caption of the ordinance. Ayes: Harris, Evans, Fawks, Muller, Moffat, Martin, Stacy Nays: None Approved: 7-0 vote Agenda Item #10-A. Request for Variance to the Sign Ordinance No. 506-B, for Southlake Town Center Development Bob Whitehead, Director of Public Works, stated Mr. Brian Stebbins, of Cooper and Stebbins, has applied for a variance to the Sign Ordinance No. 506-B, as he would like to place two signs on the proposed Southlake Town Square property presenting contact information for the development. The proposed signage consists of two, 20 feet long by 12 feet high signs with a total height of 16 feet. The sign ordinance limits development signs to 100 square feet in area; the proposed signs are 240 square feet in area. Mr. Whitehead explained the applicant stated in his demonstration that the size and scope of the project warrants larger signs in order to present a clear rendering of the proposed development. REGULAR CITY COUNCIL MEETING MINUTES SEPT. 2, 1997 PAGE 19 OF 21 He also states, "Because the proposed development is a large commercial mixed use, and because it is of a public nature, the hardship is not self-imposed but is inherent to the site and the development." The applicant proposed placing a sign at the corner of North Carroll Avenue and East Southlake Boulevard and one facing S.H. 114 on the northern portion of the development. Brian Stebbins, 904 Independence Parkway, Southlake. Mr. Stebbins was present to answer questions of Council. Motion was made to approve the request for variance to Ordinance No. 506-B, allowing two signs at not more than 150 sq.ft, each; allowing a variance to the time requirement, with a sunset clause on the sign not to exceed two years from this date. Motion: Martin Second: Harris Ayes: Martin, Evans, Moffat, Harris Nays: Fawks, Muller, Stacy Approved: 4-3 vote Agenda Item #11-A. Discussion: Im_oervious Covera~,e This item was not discussed during this meeting. Agenda Item #11-B. Discussion: Nei~,hborhood Sewer Proeram This item was not discussed during this meeting. Agenda Item #11-C. Discussion: Court of Record. During the discussion of the Court of Record ordinance, setting terms and qualifications for municipal court judge, Councilmember Wayne Moffat asked staff to move forward with an ordinance that will allow for a Southlake judge to be judge of our city only and an alternate jud ge in contiguous cities to Southlake. Agenda Item #12. Ad_iournment The meeting was adjourned at 12:20 a.m. by Mayor Stacy. REGULAR CITY COUNCIL MEETING MINUTES SEPT. 2, 1997 PAGE 20 OF 21 City Secretary REGULAR CITY COUNCIL MEETING MINUTES SEPT. 2, 1997 PAGE 21 OF 21 September 2, 1997 Dennis & Pattie Minder Woodland Heights 223 Eastwood Drive ~Q 2 Southlake, Texas 76092 817 - 481 -7492 OFFICE OF CITY SECRETARY Dear Mr. Mayor and City Council Member's: As you once again turn your energies as to whether or not to approve Chevron Corp.'s request for approval of the site at Village Center, I strongly urge each and everyone of you to consider the facts before you, and not make a hasty decision. Our newly passed service station ordinance does not permit a station in this location. You must not forget that Don Silverman, developer for the Midland Corp., and Sandy Avery, from Krogers Real- estate and Development courted our neighborhood area when they decided to go ahead with plans for Village Center. After several meetings with neighbors at out$home, Durham Elementary, and with City Staff (Greg Last etc.) it was once again stated "NO GAS STATION". We were very surprised when this action for a service station came up before P & Z. After months of trying to contact Ms. Avery she finally returned my phone call. After a lengthy discussion as to her and Krogers promise of NO GAS STATION, she said that Krogers surveyed the metroplex and found that the consumer wanted a service station at their store sites. I then asked her how many people were surveyed in Southlake and she had no idea. She did say this area was not large enough to survey at the end of our conversation. I requested over a month ago ,a copy of the metroplex survey and as of yet have not received this information. She said they really didn't care what Southlake wanted. They go by a regional survey and since the property was not built out yet, they supported a GAS STATION. Chevron has never been a good neighbor in Southlake, where is their community support? They are only interest in the dollars that they can get from our community. They were asked on numerous occasions to support various projects from school functions, etc. and each time we were turned down. Chevron claims to have 7000 card holders in Southlake, wouldn't all of the citizens and card holders just love to hear that Chevrons is going to Sue them , meaning the City of Southlake and our City Council Members (that we elected to represent us) if they don't get approval of their site. I hate being held hostage over anything. This should make a great impression on everyone why Chevron would like to do business in Southlake. Also comments by their staff that they don't really care about losing Southlake customers, they are interested in the 60, 000 plus people that transit our city daily if that figure is correct. They do not sound like neighborly people to me. The site they selected is a poor one, with access only from within Village Center, but that is their decision. What worries us is the sale of alcohol in single servings and no control as to its consumption location. You have families with small child shopping and a lot of our teenage children working in Village Center and you sure don't need some individual under the influence running over someone in the parking lot and causing an accident. Chevron will be open 24 hours a day selling alcohol Monday through Friday until 12 p.m. and until 1 p.m. on Saturday nights. Which bring me to another point, Sandy Avery told us Krogers has a no compete cause and that we didn't have to worry because they wouldn't allow anything in the shopping center which would compete with them . We really need to think about what happened this past weekend in Paris, especially after the tragic results of drinking and driving. In summary both Don Silverman and Sandy Avery lied to our communities residents and the City Staff about there being NO GAS STATION ( not a good way to do business.) This business located within a shopping center and having only access through the center parking lot is a serious hazard to the health and welfare of our citizens. They have threatened to Sue the city, which consists of all the citizens of Southlake, then let them put the cards on the table and see where they fall. Our neighborhood gave them 100 % support for their development. So what happens, we get kicked in the face for supporting a developer. We gave him our trust and he gave us his word. What happen to the word trust. I guess we can't trust any developers in the future. IT'S ABOUT TIME WE TAKE BACK OUR CITY AND STOP LETTING BIG BUSINESS DICTATE TO US WHAT WE NEED AND TELLING YOU OR US WHAT to DO. REMEMBER OUR TAX DOLLARS BUILT THIS CITY AND WITH OUT US LONG TIME RESIDENTS THEY WOULDN'T BE HERE. I HOPE TLA1 THI A OF A LAW SUIT DO NOT INFLUENCE YOUR decision FOR WHAT IS ->11I' FOR oUR COMMUNITY OF SOUTHLAKE. Respectfully, Dennis & Pattie Minder PETITION August 25, 1997 To: Southlake City Council Re: Wyndsor Grove, Phase II The undersigned residents of the Dominion, Southlake, TX, respectfully request that the City Council carefully examine the proposal for Wyndsor Grove, Phase II. This proposal could have a devastating impact on nearby residents. Several of our neighbors have already had extensive damage caused by water runoff from construction during Phase I, and the drainage ponds within our subdivision have been heavily silted due to this construction. In addition, uncontrolled water flowing through residents' yards causes a major safety hazard to small children. Any proposal to develop the second phase of this area should consider the potential drainage problems and include solutions to mitigate those problems. Name Address li ., ,,_..., .... 4 . 4 i I I I i I.- J.: . A F AiLic 2 / 9 (; ( 7 - C/01.&e2 a d- 17/// e , , r , , , ,,,,,,i,..„ _ ._ - ff,,,,,..,-.,4_zy,.z_eie.....&&4_ '1 , _ _____, , „.:___- _-, g, J .--_ , '1 ,1), , , _. 'A /,' / - 1 / , 1111011.1111” a� � L' ci A iqrs. . �_ i/ , r < - V / t — t: %(,i'~_/ 0 GY1kj /t.>' C.tee / s' it k. /li 11 ‹. -- • y I I:// 4 (. a L ; r:. E 4 . t. Z . l' f;' e - , . ,l( ,,.t3 Ct- t< c.L. t ,i • '-'; 0 ( ( 1 ( , i i -- Ii: C,— , ,,- 1 iw , \,-,,.), ,,/ � kri } 4' ,dc,-.�� s..;k_w, , 4 ! /,, i , j -./ / 4 j 7:1-V`i ,,,-,') c c j -- /)c -- ri,i / )4„; , c_ i-i 1 i , A-71„ci,v4 AA-, 1 1 , PETITION August 25, 1997 To: Southlake City Council Re: Wyndsor Grove, Phase II The undersigned residents of the Dominion, Southlake, TX, respectfully request that the City Council carefully examine the proposal for Wyndsor Grove, Phase II. This proposal could have a devastating impact on nearby residents. Several of our neighbors have already had extensive damage caused by water runoff from construction during Phase I, and the drainage ponds within our subdivision have been heavily silted due to this construction. In addition, uncontrolled water flowing through residents' yards causes a major safety hazard to small children. Any proposal to develop the second phase of this area should consider the potential drainage problems and include solutions to mitigate those problems. Name Address f c �/ %'t t: Li:CA . 1,\C)rn f ; '1 rr l ,, 'l I: /i J IL( it (Fa 3 Do A--t-,/ w- �� �� / r 3 ti ro Z .