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1997-10-07REGULAR CITY COUNCIL MEETING 667 NORTH CARROLL AVENUE REGULAR CITY COUNCIL MEETING OCTOBER 7, 1997 MINUTES COUNCILMEMBERS PRESENT: Mayor Rick Stacy; Mayor Pro Tem W. Ralph Evans; Deputy Mayor Pro Tern David Harris. Members: Gary Fawks, Pamela Muller, Wayne Moffat, and, Scott Martin. STAFF PRESENT: Curtis E. Hawk, City Manager; Darcey Imm, Assistant to the City Manager; Lou Ann Heath, Director of Finance; Kevin Hugman, Manager Community Services; Chris Carpenter, Planner; Dennis Killough, Planner; Bob Whitehead, Director of Public Works; Chuck Ewings, Assistant to the Public Works Director; Ron Harper, City Engineer; Shawn Poe, Capital Projects Coordinator, Public Works Division; Paul Ward, Building Official; Chuck Bloomberg, Plans Examiner; Klm Lenior, Director of Parks and Recreation; Lauren Saffanek, Director of Human Resources; Garland Wilson, Deputy Director of Public Safety, Fire Services Division; Wayne Olson, City Attorney; and, Sandra L. LeGrand, City Secretary. INVOCATION: Mayor Pro Tern W. Ralph Evans. Agenda Item #1, Call to order. The Regular City Council meeting held on October 7, 1997, was called to order by Mayor Rick Stacy at 6:20 p.m. 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 appointment and evaluation of public officials, and regarding the deployment of specific occasions for implementation of security personnel or devices. Council adjourned into executive session at 6:21 p.m. Council returned to open session at 7:20 p.m. Agenda Item #2-B. Action Necessary_/Executive Session Motion was made to authorize the City Manager to approach the land owner for purchase of exploring the possibility of acquiring property along F.M. 1709 as discussed in executive session. Motion: Harris Second: Fawks Ayes: Harris, Fawks, Muller, Moffat, Martin, Evans, Stacy Nays: None Approved: 7-0 vote Motion was made to authorize the City Manager to approach the land owner for the purpose of acquiring land on the south side of the City. Motion: Harris Second: Mart'm Ayes: Harris, Fawks, Muller, Moffat, Martin, Evans, Stacy Nays: None Approved: 7-0 vote Agenda Item #3. Apnroval of the Minutes of the September 16. 1997 City Council Meeting Motion was made to approve the Minutes of the Regular City Council meeting held on September 16, 1997, continued on September 23, 1997, as presented. Motion: Harris Second: Evans Ayes: Harris, Evans, Fawks, Muller, Moffat, Martin, Stacy Nays: None Approved: %0 vote Agenda Item #4-A. Mayor's Report. Mayor Rick Stacy announced that today is the Birthday of Mayor Pro Tern W. Ralph Evans. He asked everyone to sing "Happy Birthday.' He thanked Mr. Evans for spending his birthday with the City Council, commending him for his dedication to the office of Councilmember. The Mayor informed the audience that a proclamation from the City Council will be sent to TxDo t in honor of their 80th anniversary of working with cities within the State of Texas. Mayor Stacy stated October 14, 1997 will mark City Secretary Sandy LeGrand's 20th anniversary with the City of Southlake. He remarked that Sandy has witnessed first-hand the growth in Southlake and thanked her for her professional service to Southlake's citizens and for the encouragement and leadership to her fellow City employees through the years. Other items discussed during the Mayor's report include: REGULAR CITY COUNCIL MEETING MINUTES OF OCT. 7, 1997 PAGE 2 OF 21 Mayor Stacy reported on the Carroll High School Band Booster Auction held last Saturday, stating approximately $34,000 was raised during the evening which was a record amount for this annual event. The Mayor's Ad Hoc Committee for the Ethics Ordinance Review, will hold their third meeting tomorrow, October 8, 1997, in the Administration Building. Mayor Pro Tern W. Ralph Evans, liaison between the Council and the committee, reported that a report will be made by a committee member during the October 16th Council meeting. Shelli Siemer reported the City of Southlake is looking for volunteers in the community for a renovation project of the future Senior/Adult Activity Center. The project wilt begin on "Make a Difference Day," a national volunteer day, during the weekend of October 25, 1997 and continuing through subsequent weekends in order to complete the project. Due to limited funds, the success of the project depends on volunteer labor and donated materials. Ms. Siemer reported twenty-six companies in Southlake have come forward to-date to help with donations of materials and labor. Anyone interested in helping the city's senior citizens should contact Ms. Siemer, Community Services Coordinator at 481-5581 extension 806. The ground breaking for "Medical Air" will take place tomorrow, October 8, 1997 at 9:00 a.m. for anyone wishing to attend. Early Voting for the Special Election to be held on November 4, 1997 will begin on October 20, 1997, through October 31, 1997 in the City Secretary's office at the Administrative Building. Three (3) propositions will be on the ballot: 1) Creation of a Crime Control and Prevention District, and adoption of the proposed local sales and use tax at a rate of one-half of one percent; 2) Members of the City Council may be appointed to the Board of Directors of the District; and 3) a non-binding referendum, "do you support Town Center as the site for the new city hall.' Election Day voting will take place in the Council Chambers of City Hall from 7:00 a.m. at 7:00 p.m. For questions, call the City Secretary. SPIN Summit of community leaders will be held on October 26, 1997 from 3:00 p.m. to 5:00 p.m. at the Carroll High School Auditorium. The Commercial Developer's Roundtable was held last week and was well attended. Councilmember Scott Martin thanked Greg Last, Karen Gandy and Kate Barlow for putting this event together. Agenda Item #4-B. City Manaeer's Report Curtis Hawk, City Manager, reported that the next meeting of the Land Use Plan Update will be held on October 16 in the library at Carroll High School. The public is invited to attend. REGULAR CITY COUNCIL MEETING MINUTES OF OCT. 7, 1997 PAGE 3 OF 21 Agenda Item #4-C. SPIN Reoort Cara White, SPIN #1 Representative, was present and reported that SPIN #1 is located at the north end of Southlake. She noted they have come along way. Big is sues in her area are lighted soccer fields at Bob Jones Park, the ground water tank and the communication tower on T.W. King. She noted the concerns for the communication tower is only with regard to height. Ms. White stated she will be having a SPIN meeting on November 3, 1997 with the topic for discussion being Bob Jones Park. She noted the SPIN Standing Committee has been working on the SPIN map realignment. Ms. White stated in November she is stepping aside as SPIN Representative for SPIN #1, adding, if the City can find another representation, she has agreed to co-chair the standing committee position. She noted she has enjoyed SPIN since its inception. Agenda Item #5. Consent Agenda Mayor Rick Stacy read the consent agenda items into the record, including: 5-A. Authorization for the Mayor to enter into an Advance Funding Agreement for Standard Highway Projects with TxDot. 5-B. Taken off consent agenda. 5-C. Resolution No. 97-59, amending the fee schedule policy. 5-D. Award of bid for Highway 26 paving and drainage modifications at Kimball Avenue. 5-E. Award of bid for Supervisory Control and Data Acquisition (SCADA). 5-F. Scope of Services agreement for Keep Southlake Beautiful. 5-G. Scope of Services agreement for Lake Cities Community Band. 5-H. Scope of Services agreement for Grapevine Relief and Community Exchange (GRACE). 5-I. Scope of Services agreement for Metroport Meals on Wheels. 54. Approval of the revised SPIN boundaries. 5-M. Authorizing the Mayor to sign a contract extending the North Central Texas Council of Government's Composting Grant. 5-N. Variance to the Subdivision Ordinance No. 483-E, Section 4.01(1)2 (Plat Expiration), Extending the validity of Case No. 95-24, Plat Revision, Lot 2R1, Block C, Commerce Business Park. REGULAR CITY COUNCIL MEETING MINUTES OF OCT. 7, 1997 PAGE 4 OF 2I 5-0. Resolution No. 97-65, Supporting the Streamlined Transportation Efficiency Program for the 21st Century (STEP 21). Authorize the Mayor to enter into an amended Developer Agreement for Northwood Park, Phase I, and Bryson Square, Phase I, located adjacent to Bryon Nelson Parkway, south of F.M. 1709. Authorize the Mayor to enter into a Developer Agreement for South Hollow, Phase H, located on the north side of East Continental Boulevard, approximately 1,100 feet east of the intersection of Carlisle Lane and East Cominental Boulevard. 5-S. Change Order No. 2 for the 20" water line on East Southlake Boulevard (F.M. 1709) to the proposed elevated water tower site in the Miron Addition. Ordinance No. 480-259, 1st reading (ZA 97-111), Rezoning of property legally des cribed as being approximately 9.814 acres situated in the Thomas M. Hood Survey, Abstract No. 706, and being Tract 8A. Owner: J. Randall and Terri G. Keene. Applicant: Hughes & Associates. Ordin~ce No. 480-260, 1st reading (ZA 97-118), Rezoning and Concept Plan for a Senior Center on property legally described as being approximately 14.772 acres situated in the Obediah W. Knight Survey, Abstract No. 899. Owner and Applicant: City of Southlake. 8-H. Ordinance No. 687, 1st reading, Designating East Highland Street between 800-1100 block as a two-way street and repealing Ordinance No. 370. 9-A. Resolution No. 97-66, Designating Southlake's nominee to the Tarrant Appraisal District (TAD) Board of Directors. 10-A. Authorize the Mayor to enter into a Developer Agreement for Georgetown Park, Phase II, located on the south side of East Southlake Boulevard and approximately 700 feet east of the intersection of South Kimball Avenue and East Southlake Boulevard. 10-B. Authorize the Mayor to enter into a revised Developer Agreement for Kirkwood Hollow, Phase I, located on the west side of North White Chapel Boulevard at the intersection of Sweet Street and North White Chapel Boulevard. Motion was made to approve the consent agenda consisting of the following items: g5-A, g5-c, g5-D, g5-E, g5-F, g5-G, g5-H, g5-I, g5-J, g5-L, g5-M, g5-N, g5-O, g5-P, g5-R, g8-A, g8-c, g8-H, g9-A adding Mr. Mike Davis as Southlake's nomination for TAD Board of Directors, gl0- A, and gl0-B. Motion: Harris Second: Martin REGULAR CITY COUNCIL MEETING MINUTES OF OCT. 7, 1997 PAGE 5 OF 21 Mayor Rick Stacy read the captions of Ordinance No. 480-249 (ZA 97-111), Ordinance No. 480-260 (ZA 97-118), and Ordinance No. 687. Ayes: Harris, Martin, Evans, Fawks, Muller, Moffat, Stacy Nays: None Approved: 7-0 vote ADDITIONAL INFORMATION ON CONSENT ITEMS Authorization for the Mayor to enter into an Advance Funding Agreement for Standard Highway Projects with TxDOT was approved. This agreement is required by the State given Southlake's commitment to TxDOT to pay $1,000,000 toward the Kimball Road interchange on the S.H. 114 reconstruction project. Resolution No. 97-59, amending the fee schedule is considered each year in connection with the annual budget preparation. Recommendations for changes are made to the City Manager's Office. The most significant change with this amendment are the fees associated with accepting credit card payments for Municipal Court fines and fees. A return credit card charge of $20 is recommended in case a card is dishonored and the City must pursue collection as with a returned check. The credit card use fee is based on 2% of a Municipal Court fine or fee; with increments of $2 up to $20. Another amendment is the increase from $35 to $45 to reflect the increased number of labels that are used to generate the customer mailing list. In previous years, the 5,000 labels contained in one box was enough to print the list; now there are around 6,800 labels needed. Award of bid for Highway 26 paving and drainage modifications at Kimball Avenue. The Commercial Developers Agreement for Heritage Industrial Park states, "the Developer hereby agrees to improve State Highway 26 at the Continental Drive intersection. Such improvements will include: a) acceleration lane; b) deceleration lane; c) left-turn lane; d) street signalization; e) traffic control devices. The City will reimburse the Developer or its designee one-half of the total construction costs of $111,500 whichever is less for the State Highway 26 and E. Continental Boulevard intersection improvements when E. Continental Boulevard is extended from South Kimball Avenue to State Highway 26.' The staff's intent is to proceed similarly to the construction of South Kimball Avenue in Heritage Industrial Park, i.e., bid the project with an agreement for Trammel Crow to manage the project. The low bidder for this project is L.H. Lacy Company with a base bid of $338,298.04. Engineer for the project is Halff and Associates. Award of bid for the Supervisory Control and Data Acquisition (SCADA). The SCADA System is a computerized control system designed to allow for the remote monitoring of water and sewer systems. The City currently uses SCADA to monitor water tank levels and flow of water through the water system. The proposed system will consist of a central computer station that will monitor five lift stations. It will allow for real time monitoring of the system and provide for faster response times to equipment failures, power outages, REGULAR CITY COUNCIL MEETING MINUTES OF OCT. 7, 1997 PAGE 6 OF 21 and other emergencies. Low bidder for this project is GE Team Controls with a bid of $59,695.00. Funding in the amount of $70,000 was approved in the 1996-97 budget. Since this project is being recommended for the new fiscal year, these funds have been encumbered. Scope of Services Agreement with Keep Southlake Beautiful is an annual agreement which outlines the services KSB will provide in return for the financial and administrative support contributed by the City. There have been no modifications since last year's contract except for the increase in the payment for services from $3,000 to $4,500. Scope of Services Agreement for Lake Cities Community Band in exchange for the provision of services by that organization. This scope of services agreement outlines those services which will be provided to the citLzens of Southlake by the band. The Fiscal Ye ar 1997-98 Annual Budget allocated $4,000 to the band. Scope of Services Agreement for Grapevine Relief and Community Exchange (GRACE) is included in the Fiscal Year 1997-98 Annual Budget which allocated $7,500 for the provision of services by that organization. The agreement is essentially the same as the previous year's agreement. The following items were added: 1) transitional housing for homeless families; 2) housing repair and construction through GRACE habitat; and 3) low cost shopping at Graceful Buys Resale. Scope of Services Agreement for Metroport Meals on Wheels provides the weekly congregate lunch program for the senior citizens and the home delivery meal program for residents of Southlake. The scope of services includes the following: 1) coordinate and run the weekly senior congregate luncheon program and related activities held on Tuesdays; 2) organize volunteers to plan and support the luncheon and home delivered meal programs; 3) order and deliver meals to homes of Southlake residents on Monday through Friday; 4) perform general clean-up following each event; 5) track attendance and costs to provide monthly reports to the City; and 6) maintain a database of Southlake seniors for mailing information. It has been determined that an increase of $1,000 to the contract price is necessary to cover their costs associated with the service. The Senior Advisory Commission approved a recommendation to increase the annual contractual amount to $6,000. SPIN Ordinance No. 598-A, Section 2, directs the SPIN Standing Committee to review neighborhood boundaries and recommend appropriate boundary changes to the City Council for approval. The problem areas identified included two neighborhood subdivisions in more than one SPIN area, disproportionate population densities, and boundaries that were difficult to define verbally. Their recommended changes were approved by the City Council. A copy of the new boundary map is hereby attached to the minutes of this meeting. REGULAR CITY COUNCIL MEETING MINUTES OF OCT. 7, 1997 PAGE 7 OF 21 Contract to extend the composting grant from North Central Texas Council of Governments was considered. The City received a $30,000 grant from NCTCOG in February of 1996. The purpose of the grant was to educate the residents of Souttdake about backyard composting. Due to a variety of factors, all of the composting bins were not distributed prior to the original completion date of the contract. As a means to provide these additional classes, a grant budget amendment is being requested. No funds were originally allocated for instructors, and this has sometimes presented difficulties in coordinat'mg classes. This budget amendment will permit the City to spend the excess from the supply funds to hire contract instructors for the upcoming classes. On March 21, 1995, the City Council approved Case ZA 95-24, Plat Revision for Lot 2R1, Block C, Commerce Business Park. This plat has not yet been filed in the County Plat Records and expired on March 21, 1996. The applicant and owner of the property, Muller-Holdgate Parmership, Ltd. has requested that the validity of this plat be extended one month from the date of approval of this variance to allow adequate time for this plat to be filed. 5-0. Resolution No. 97-65, supporting the streamlined transportation efficiency program for the 21st century (STEP 21), is a proposed federal initiative that outlines new funding formulas for distributing transportation funds to the states. This program is described in the Intermodal Surface Transportation Efficiency Act Integrity Restoration Act, which has been filed by Congressman Tom DeLay (R-Texas) and Senator John Warner (R-Virginia). This act has been proposed to replace the original Intermodal Surface Transportation Efficiency Act (ISTEA), which expired on September 30, 1997. Amended Developer Agreement for Northwood Park, Phase I, and Bryson Square, Phase I, located adjacent to Bryon Nelson Parkway, south of F.M. 1709. It was noted the original construction plans for these villages included all the lots within Village "I"; however, the original developer agreement only addressed the first 79 lots. This amended developer agreement changes the number of lots from 79 to 139. All other terms of the original developer agreement remain the same. The Developer Agreement for South Hollow, Phase II, located on the north side of East Continental Boulevard, approximately 1,100 feet east of the intersection of Carlisle Lane and East Continental Boulevard. This is a standard agreement with two items need to be brought to your attention: 1) Park Fees will be calculated at the old rate of $500.00 per lot, since the final plat was filed prior to the adoption of the new fees; and 2) street impact fees will be assessed on this project. Ordinance No. 480-259, 1st reading (ZA 97-111), zoning change for property legally described as approximately 9.814 acres situated in the Thomas M. Hood Survey, Abstract No. 706, and being Tract 8A. Owner: Randall and Terri G. Keene. Applicant: Hughes and Associates. Current zoning is "AG" Agricultural with a requested zoning of "SF-1A" REGULAR CITY COUNCIL MEETING MINUTES OF OCT. 7, 1997 PAGE 8 OF 21 Single Family Residential District. Ordinance No. 480-260, 1st reading (ZA 97-118), zoning change on property legally described as being approximately 14.772 acres situated in the Obediah W. Knight Survey, Abstract No. 899. A concept plan for a senior center will not be considered with this request. Owner/Applicant: City of Southlake. Current zoning is "R-P.U.D." Residential Planned Unit Development and "AG" Agricultural District, with a requested zoning of "CS" Community Service District. 8-H. Ordinance No. 687, 1st reading, designating East Highland Street between 800-1100 block as a two-way street and repealing Ordinance No. 370. Resolution No. 97-66, a resolution of the City Council of the City of Southlake, Texas, designating a nominee to the Tarrant Appraisal District Board of Directors. Council voted to include the name of Mike Davis as the City of Southlake nomination to the TAD Board of Directors. IO-A. Developer Agreement for Georgetown Park, Phase II, located on the south side of East Southlake Boulevard, and approximately 700 feet east of the intersection of South Kimball Avenue and East Southlake Boulevard. This agreement covers the extension of a public water line to serve this portion of the development. All park fees were paid with the developer agreement for phase I. All other portions of the agreement are standard. IO-B. Revised Developer Agreement for Kirkwood Hollow, Phase I, located on the west side of North White Chapel Boulevard at the intersection of Sweet Street and North White Chapel Boulevard. On May 7, 1996, the developer agreement covering Kirkwood Hollow, Phase I, was approved. Pursuant to the approval of the agreement, the developer chose to delay the development and did not execute the approved developer agreement. The developer now plans to continue this development and has requested that the agreement be resubmitted with several changes: 1) the number of lots have been reduced from 70 to 68; 2) the developer is requesting that eleven lots be released for construction upon completion of the water and sewer mains. The normal procedure is to release 10% or 7 lots; 3) the developer has requested that the City use the street impact fees for this project, $74,800. and an additional amount of approximately $50,000 to construct the Dove improvements from S.H. 114 to the proposed Kirkwood. Agenda Item #5-B Amend the City's Investment Policy This item was removed from this agenda. Agenda Item #5-K. Award of Bid for Slurry Grouting of Pipe Beddine and Reuair on Concrete Street Pavement for Timarron Bent Creek Subdivision REGULAR CITY COUNCIL MEETING MINUTES OF OCT. 7, 1997 PAGE 9 OF 21 This item was removed from the consent agenda at the request of Councilmember Scott Martin, who expressed concern with spending tax payers money without having some contribution by other parties who were at fault with this issue. Mayor Rick Stacy stated Council has already voted as a group to go forward with these repairs. He added, what Council needs to determine during this time, is the best way to go about going forward with this project. It was suggested at an earlier meet'mg that this project be split into a couple of projects because it is still something that is not prudent. The project needs to be split to see if the initial third of the project actually works, before all the money is spent on something that will not work. Councilmember David Harris commented on trying a smaller area to be sure it will work, to have another test case to get a more favorable comfort level be fore going with the larger portion of the project. He stated he is in favor of moving forward with an area that costs the least mount of money. Motion was made to reject the bids for the slurry grouting of pipe bedding and repair of concrete street pavement in Timarron Bent Creek Subdivision; directing staff to seek resubmittal of bids based on two difference criteria; that the prospective bidders bid out what it would cost to slurry grout the entire job; and do an alternative bid on what it would cost to slurry grout the project in three separate phases. Motion: Harris Second: Evans Ayes: Harris, Evans, Fawks, Moffat, Martin, Stacy Nays: None Approved: 6-0 vote (Councilmember Muller left the room and did not vote) Agenda Item #5-S. Change Order No. 2 for the 20" water line on East Southlake Boulevard for the proposed elevated water tower site in Miron Addition. Bob Whitehead, Director of Public Works, introduced agenda item #5-S, Change Order No. 2 for the 20" water line on East Southlake Boulevard for the proposed elevated water tower site in Miron Addition, adding, during the morning high water usage period, residents that live on top of the hill in Oak Tree Estates and NAPA Valley experience very low water pressure; i.e., less than 10 pounds per square inch (psi) versus a normal 30 to 40 psi. The consult'rog engineer, Cheatham and Associates, has determined via a computer model, that by connecting a 12-inch water line from the 20-inch water line to the existing water main in Oak Tree Estates, the pressure for the residents should be back to near normal pressure during times of high usage. The 20-inch and 12-inch mains are budgeted in the FY 97-98 CIP as part of the elevated water tower to be constructed on the Miron site. This construction would allow for the installation of the 20-inch and 12-inch water mains ahead of schedule to solve the pressure problems for residents sooner. Mr. Whitehead stated staff recommends this change order be completed now as it will save the REGULAR CITY COUNCIL MEETING MINUTES OF OCT. 7, 1997 PAGE 10 OF 21 city from $15,000 to $20,000. If staff waits, they could go out for bid in January or February. Councilmember Pamela Muller stated the water pressure drops so low in Woodland Heights and Oak Tree Estates that there is no pressure to the second story of residences in the area. Curtis Hawk, City Manager, noted this change order will help to alleviate the low water pressure being experienced in part of Oak Tree Estates. The installation of the additional 20" water line and 12" gate valves will allow for the planned installation of the 12" water line to be done sooner and raise the water pressure in the affected area. This change order, along with change order No. 1 which provided for the casing at the Byron Nelson crossing, totals less than the 25% maximum allowed by Chapter 252.048 of the Local Government Code. Councilmember Pamela Muller stated some people are concerned about the contractor on this project violating the Ethics Ordinance of the City. In reviewing this issue according to Section 7c, that the Council could make a finding if it is in the public's interest to go ahead and grant this contract. She stated the public interest could be served by the savings by the cost of this line and secondly, for the safety and need for the water pressure in the Oak Tree area. She requested that Mr. Evans, when meeting with his Ethics Ordinance Review Committee, go over this issue thoroughly with regard to the questions raised. She asked that the Committee determine if the ordinance should be changed or left as is with regard to clarifications of Section 7c. Councilmember Gary Fawks asked to verify that the city would be getting the 800' extension for the same per foot cost that was bid for 4 + miles. This is a water line that will be needed and installed for the Miron water tower, according to Mr. Whitehead. PUBLIC COMMENTS: Bill Kemp, 400 Southridge Lakes, Southlake. Mr. Kemp stated the contract is with Joe Wright, an officer of the City of Southlake. He referenced the August 21, 1997 letter from the City Attorney. He stated he realizes it is an urgent matter, but the City Council must be very careful in not following the City ordinances. Wayne Olson, City Attorney, commented that it is his opinion that the City Council can vote on this item and he does not feel it would be in violation of this law. Motion was made to approve the Change Order No. 2 in agenda item #5-S. Motion: Harris REGULAR CITY COUNCIL MEETING MINUTES OF OCT. 7, 1997 PAGE 11 OF 21 Second: Evans Ayes: Harris, Evans, Muller, Moffat, Martin, Stacy Nays: Fawks Approved: 6-1 vote Agenda Item #6. Public Forum Pete Stebbins, 2 Timberline Court, Trophy Club. Mr. Stebbins read a letter thanking the City Council for some of the efforts being made by Southlake in finding another site for the telecommunications tower that overlooks Trophy Club residents. He presented a petition with 1100 names of those opposing the location of the tower. He noted the site is the issue. He realizes the need for the tower but they hope it will not be located in that area. Bill Lewis, 6 Timberline Court, Trophy Club. Opposed to the tower site. Tina McDonald, 4 Ross Court, Trophy Club. Opposed to the tower site. Peggy McDonald, 4 Ross Court, Trophy Club. Opposed to the tower site. Patricia Stebbins, 2 Timberline Court, Trophy Club. Opposed to the tower site. Mayor Rick Stacy stated he appreciates the courtesy of those who came to the Council meeting to speak on this issue. He stated he does not feel there is a chance the tower will end up on the site as planned, however, he wants the residents to know that the City will be building a water tower on that site. Agenda Item #7-A, Ordinance No. 480-257. 2nd reading ZA 97-115 Ordinance No. 480-257, 2nd reading (ZA 97-115), Rezoning and Concept Plan for an elevated water storage tank on property legally described as being a portion of Lot 3, Block 1, Miron Addition, an addition to the City of Southlake, Tarrant County, Texas, according to the plat recorded in Cabinet A, Slide 1252, Plat Records, Tarrant County and being approximately 1.5 acres. Current zoning is "B-1" Business Service Park District, with a requested zoning of "CS" Community Service District. Owner and Applicant: City of Southlake. Chris Carpenter, Planner, noted the land use category for this property is "mixed use." He noted four (4) notices were sent to property owners within the 200' notification area and two (2) written responses have been received from within the notification area from Murchison Properties, David Marshall, 1445 Ross Avenue, Ste. 5300, Dallas, opposed; and, Michael and Francis Rohde, 1310 Westmont Court, Southlake, opposed. Mr. Carpenter noted due to approximately 33% opposition of property owners within the 200' notification area, a super-majority vote (6 of 7) of the City Council will be required to approve this request. REGULAR CITY COUNCIL MEETING MINUTES OF OCT. 7, 1997 PAGE I2 OF 21 PUBLIC HEARING: No comments were received during the public hearing. Motion was made to approve Ordinance No. 480-257, 2nd reading, subject to the Concept Plan Review Summary No. 2 dated September 12, 1997. Motion: Fawks Second: Martin Mayor Rick Stacy read the caption of the ordinance. Ayes: Fawks, Martin, Evans, Harris, Muller, Moffat, Stacy Nays: None Approved: 7-0 vote Agenda Item #7-B, Ordinance No. 480-258. 2nd reading ZA 9%116 Ordinance No. 480-258, 2nd reading (ZA 97-116), Rezoning and Concept Plan for the City of Southlake Ground Water Storage and Pump Station No. 2 on property legally described as being approximately 3.446 acres situated in the Wilson Medlin Survey, Abstract No. 1588, and being a portion of Tract 3. Current zoning is "AG" Agricultural District with a requested zoning of "CS" Community Service District. Applicant: Cheatham & Associates. Owner: City of Southlake. Chris Carpenter, Planner, made the presentation noting that three (3) notices were sent to property owners within the 200' notification area and one (1) response was received from Janet Elliott Higgens, 1708 W. Market St. Athens, Alabama, undecided. Councilmember Gary Fawks stated it is intended for the water tanks to look like the one on the corner of Pearson Lane and F.M. 1709. PUBLIC HEARING: No comments were received during the public hearing. Motion was made to approve Ordinance No. 480-258, 2nd reading, subject to the Concept Plan Review Summary No. 3 dated October 3, 1997, deleting item//2 driveway spacing. Motion: Harris Second: Martin Mayor Rick Stacy read the caption of the ordinance. Ayes: Harris Martin, Evans, Fawks, Muller, Stacy Nays: None Approved: 6-0 vote (Councilmember Moffat left the room and did not vote). Agenda Item g'/-C. Ordinance No. 680. 2nd reading, Abandnnln~, a Portion of City Right-of-Way located at Southlake Park Road East Ordinance No. 680, 2nd reading, Abandoning a portion of City right-of-way located at Southlake Park Road East, was presented by Bob Whitehead, Director of Public Works, noting Mr. Robert REGULAR CITY COUNCIL MEETING MINUTES OF OCT. 7, 1997 PAGE 13 OF 21 Ziegler, of 450 Southlake Park Road East, has requested the City abandon a portion of the row fronting his home. He noted this portion of the street has been deteriorating due to erosion and Mr. Ziegler would like to claim this area and make drainage improvements. The property is adjacent to U.S. Army Corps of Engineers property and one other property owner. PUBLIC HEARING: No comments were made during the public hearing. Motion was made to approve Ordinance No. 680, 2nd reading. Motion: Fawks Second: Martin Mayor Rick Stacy read the caption of the ordinance. Ayes: Fawks, Martin, Harris, Evans, Muller, Moffat, Stacy Nays: None Approved: 7-0 vote A_eenda Item g7-D. ZA 9%108. Revised Site Plan for Carroll Hiv_h School ZA 97-108, Revised Site Plan for Carroll High School on property legally described as being Lot 1, Block I, Carroll High School Addition, an addition to the City of Southlake, Tarrant County, according to the plat recorded in Cabinet A, Slide 1460, Plat Records, Tarrant County, and being approximately 54.6152 acres situated in R.J. Paden Survey, Abstract No. 1255. Current zoning is "S-P-1" Detailed Site Plan District with "CS" Community Service District uses. Owner and Applicant: Carroll I.S.D. Chris Carpenter, Planner, made the presentation noted that thirty-five (35) notices were sent to property owners within the 200' notification area and ten (10) responses have been received from the following: Ted and Cheryl Berg, 1418 Park Place, Southlake, opposed; Dan and Susan George, 1406 Mayfair Place, Southlake, opposed; Steve and Kim Kolar, 1416 Park Place, Southlake, opposed; Joseph and Bernice Fitzpatrick, 1405 Richmond Court, Southlake, opposed; Cynthia and Jori Johanson, 1406 Richmond Court, Southlake, opposed; Tammy L. Finn 1404 Cambridge Crossing, Southlake, opposed; Kimberly Evans, 1402 Richmond Court, Southlake, opposed; Ed and Kathryn Armstrong, 1402 Cambridge Court, Southlake, opposed; Thomas Burns and Gay Bums, 1410 Park Place, Southlake, opposed; Donna Dant, 1406 Cambridge Crossing, Southlake, also opposed. It was noted twenty (20) responses from outside the 200' notification area were also received. Brent Cline, applicant with TPM was present for the meeting to answer questions of Council. PUBLIC HEARING: No comments were received from the audience during the public hearing. Motion was made to approve ZA 97-108, pursuant to Site Plan Review Summary No. 4 dated October 3, 1997; noting the following variances: accepting all the motion of the Planning and Zoning Commission and adding item #5-C-1 to be allowed to be allowed as shown (east most REGULAR CITY COUNCIL MEETING MINUTES OF OCT. 7, 1997 PAGE 14 OF 21 driveway on F.M. 1709); granting the applicants the requests for variances on the other two throat depths; and modifying the requirement for the south side and west side tree buffers to be in conjunction with the City Landscape Administrator's recommendation for a mixture of trees as opposed to moniculture. Motion: Martin Second: Evans Ayes: Martin, Evans, Harris, Fawks, Muller, Moffat, Stacy Nays: None Approved: 7-0 vote Agenda Item #7-E, Resolution No. 97-63 CZA 97-121L SLIP for Child Care Resolution No. 97-63, (ZA 97-121), Specific Use Permit for Child Care for St. Martin-in-the- Fields (Mother's Day out program) per Zoning Ordinance No. 480, Section 45.1(2c) on property legally described as being Lot 1, Block 1, St. Martin-in-the-Fields Addition, an addition to the City of Southlake, Tarrant County, Texas, according to the plat recorded in Cabinet A, Slide 1346 Plat Records, Tarrant County, Texas, and being approximately 7.04 acres. Current zoning is "CS" Community Service District. Owner and Applicant: St. Martin-in-the-Fields Episcopal Church. Chris Carpenter, Planner, made the presentation noting five (5) notices were sent to property owners within the 200' notification area and one (1) written response has been received from Robert E. Travis, 101 Sarsi CV, Lake Kiowa, Texas, undecided. PUBLIC HEARING: No comments were received during the public hearing. Motion was made to approve Resolution No. 97-63 (ZA 97-121), subject to the Concept Plan Review Summary No. 1 dated September 12, 1997. Motion: Harris Second: Martin Ayes: Harris, Martin, Evans, Fawks, Muller, Moffat, Stacy Nays: None Approved: 7-0 vote Agenda Item # 7-F. Resolution No. 97-64. tZA 97-122). SUP for Child Care for Southlake Church of Christ Resolution NO. 97-64 (ZA 97-122), Specific Use Permit for Child Care for Southlake Church of Christ, per Zoning Ordinance No. 480 Section 45.1 (2c) on property legally described as being 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 and 2, of the Brock Addition, an addition to the City of Southlake, Texas, Tarrant County, according to the plat recorded in Volume 38844 Page 40, Plat Records, Tarrant County, REGULAR CITY COUNCIL MEETING MINUTES OF OCT. 7, 1997 PAGE 15 OF 21 and a 0.015 acre tract of land out of the J.G. Allen Survey, Abstract No. 18, in the City of Southlake. Current zoning is "CS" Community Service District. Owner and Applicant: Southlake Church of Christ. Chris Carpenter, Planner, made the presentation noting eleven (11) notices were sent to property owners within the 200' notification area and two (2) written responses have been received from John and Sandra Perry, 105 Brock Drive, Sonthlake, opposed; and, Perry and Elvira Vargas, 209 Brock Drive, Southlake, undecided. Larry Stone, Staff minister, Southlake Christ Our King Church, was present to answer questions of Council. Motion was made to approve Resolution No. 97-063 (ZA 97-122), subject to the Concept Plan Review Summary No. 1 dated September 12, 1997. Motion: Harris Second: Martin Ayes: Harris, Martin, Evans, Fawks, Muller, Moffat, Stacy Nays: None Approved: 7-0 vote Agenda Item #8-B. Ordinance No. 683. 1st reading Sidewalk Ordinance Ordinance No. 683, 1st reading, Sidewalk Ordinance was presented by Klm Lenior, Director of the Parks and Recreation Board. Ms. Lenior stated two sidewalk ordinances have been presented to Council, noting one was recommended by the Park Board and the other was approved by the Planning and Zoning Commission at their September 18, 1997 meeting. Tghe substantive difference between the two versions is the content in Secption 2.01. The Park Board recommended providing Council and P&Z the option of requiring sidewalks in areas that were not required by any other section of the ordinance. Both of the versions have been reviewed by the City Attorney and are legally valid in form and content. Ronnle Kenall, representative of the Park and Recreation Board, was present and stated both the Park Board and the Planning and Zoning Commission are recommending the ordinance for the purpose of promote health, safety and welfare of the children. She noted, currently there is a dangerous situation in that three elementary schools children cannot ride their bikes because there are no sidewalks. Ms. Kendall stated it is the Park and Recreation Board's recommendation that everyone put in sidewalks, adding, this does not include minor developements with four or less homes in the addition. If property is adjacent (1500 feet ) to a school even the minor additions need to put in sidewalks. Motion was made to approve Ordinance No. 683, 1st reading, including Section 2.01(a) and deleting Section 2.01(b); amending Section2.02(a) to only exclude single family (single home) development unless there are existing sidewalks abutting; for the remainder of the Ordinance REGULAR CITY COUNCIL MEETING MINUTES OF OCT. 7, 1997 PAGE 16 OF 21 following the recommendation of the Planning and Zoning Commission. Motion: Fawks Second: Muller Mayor Rick Stacy read the caption of the ordinance. Ayes: Fawks, Muller, Moffat, Martin, Harris, Evans, Stacy Nays: None Approved: 7-0 vote Agenda Item #8-D. ZA 97-123. Preliminar_v Plat for Stonebridge Park ZA 97-123, Preliminary Plat for Stonebridge Park, on property legally described as being approximately 13.583 acres situated in the J.G. Allen Survey, Abstract No. 18 and being Tract 2D. Current zoning is "S-P-2" Generalized Site Plan District with O-1" Office District uses in the northern portion of the site and "C-2" Local Retail Commercial District uses along F.M. 1709. Owner and Applicant: Stonebridge Monticello Partners, Ltd. Chris Carpenter, Planner, made the presentation noting thirteen (13) notices were sent to property owners within the 200' notification area and no written responses were received. Mr. Carpenter stated the applicant has met all items in the Plat Review Summary No. 1, dated September 12, 1997, with the exception of those items in the Plat Review Summary No. 2, dated October 3, 1997. Richard Myers, Grapevine, was present to answer questions of Council. Motion was made to approve ZA 97-0123, Preliminary Plat for Stonebridge Park, subject to the Plat Review Summary No. 2, dated October 3, 1997, deleting item #5. Motion: Martin Second: Evans Ayes: Martin, Evans, Fawks, Muller, Moffat, Harris, Stacy Nays: None Approved: 7-0 vote Council adjourned to recess at 10:15 p.m. Council returned to open session at 10:30 p.m. A~,enda Item g8-E. ZA 9%124. Revised Preliminary Plat for Timarron Addition. Villa~,e "H" Phase I. ZA 97-124, Revised Preliminary Plat for Timarron Addition, Village "H' Phase I on property legally described as being approximately 24.930 acres and being Tracts 1, 1D1, 1D1C, 2C5 and 2G, situated in the Barnett & Hollingsworth Survey, Abstract No. 797, Tract lB2 and portions of Tracts lB, lB1, ID, and 1D1, situated in the John Gibson Survey, Abstract No. 591; and being Lots 2 and 3 of Plum Creek Manor, as addition to the City of Southlake, Tarrant County, Texas, REGULAR CITY COUNCIL MEETING MINUTES OF OCT. 7, 1997 PAGE 17 OF 21 according to the plat recorded in Volume 388-161, Page 17, Plat Records, Tarrant County, Texas. This plat proposes forty-one (41) residential lots and three (3) common greens. Current zoning is "R-P.U.D" Residential Planned Unit Development District. Owner and Applicant: Westerra- Timarron, L.P. Chris Carpenter, Planner, made the presentation noting thirteen (13) notices were sent to property owners within the 200' notification area and no written responses were received. Todd Jensen, 7950 Elmbrook Drive, Dallas. Mr. Jensen stated he reviewed the Plat Review Summary No. 1 dated September 18, 1997 and commented on item #1, noting he wants to recommend vacating Plum Creek Manor. He noted they will vacate Plum Creek Manor prior to filing the final plat. He also noted they had fifty-one (51) lots prior to this amended preliminary plat. They reduced the lots to forty-one (41) in order to preserve trees. Motion was made to approve ZA 97-124, Revised Preliminary Plat for Timarron Addition, Village "H' Phase I subject to the Plat Review Summary No. 1 dated September 18, 1997; granting the variance requested by the applicant to comment #1, allowing the vacation of the plat to be done at the time of recordation. Motion: Harris Second: Evans Ayes: Harris, Evans, Fawks, Muller, Moffat, Martin, Stacy Nays: None Approved: 7-0 vote Agenda Item #8-F, Ordinance No. 572-A. 1st readino. Amending the 1994 Edition of the Uniform Building Code Garland Wilson, Deputy Director of Public Safety, Fire Services Division, presented Ordinance No. 572-A, in first reading, an amendment to the 1994 Edition of the Uniform Building Code, noting Ordinance No. 572 of the 1991 Uniform Fire Code currently requires sprinklers in commercial buildings when the square footage exceeds 6,000 square feet on any single floor or 12,000 square feet on all floors. The purpose of this amendment is to require all commercial buildings to have sprinklers installed when the square footage exceeds 6,000 square feet of floor area. Residential one and two family homes are exempted and will not be required to have sprinklers at this time. Mr. Wilson noted this may be a consideration when the City adopts the 1997 Uniform Fire Code later this year. Councilmember Scott Martin stated he recommends to his clients that they sprinkle every building they build, because they will get their money back. A discussion was held between Councilmembers with regard to sprinkling residential and commercial buildings. REGULAR CITY COUNCIL MEETING MINUTES OF OCT. 7, 1997 PAGE 18 OF 21 Motion was made to approve Ordinance No. 572-A, 1st reading. Motion: Fawks Second: Muller Mayor Rick Stacy read the caption of the ordinance. Ayes: Fawks, Muller, Moffat, Martin, Harris, Evans, Stacy Nays: None Approved: 7-0 vote Agenda Item # 8-G. Ordinance No. 619-A. 1st reading. Amending the 1994 Edition of the Uniform Building Code. Ordinance No. 619-A, 1st reading, an amendment to the 1994 Edition of the Uniform Building Code is required to be changed to match the amendment to Ordinance No. 572-A, in order to be consistent with the regulations. Motion was made to approve Ordinance No. 619-A, 1st reading, an amendment to the 1994 Edition of the Uniform Building Code. Motion: Fawks Second: Muller Mayor Rick Stacy read the caption of the ordinance. Ayes: Fawks, Muller, Moffat, Martin, Harris, Evans, Stacy Nays: None Approved: 7-0 vote Agenda Item #11-A. Discussion: Ordinance No. 684. Standards of Care Curtis Hawk, City Manager, presented for discussion on Ordinance No. 684, Standards of Care, noting this policy is brought forward for Council input before it is acually put on the agenda for first reading. Minimum standards of care are required to be adopted by cities which have youth programs, such as our after-school programs, summer day camp, spring break camp, etc. Even though these programs are not day care programs, but are instead recreational in nature, the City is still required to adopt standards. Mr. Hawk noted Councilmember Gary Fawks assisted in drafting this policy, and the Parks and Recreation Board has reviewed and recommended this draft at their September 8, 1997, meeting. There are several minor changes that need to be made in the section dealing with staffing. Staff will effect these changes prior to first reading of the ordinance at the October 21, 1997, City Council meeting. Agenda Item #11-B. Discussion: Neighborhood Sewer Program. Curtis Hawk, City Manager, noted the Neighborhood Sewer Program policy is brought forward for Council input, stating, previous discussions have been had about the problems with REGULAR CITY COUNCIL MEETING MINUTES OF OCT. 7, 1997 PAGE 19 OF 21 participation in a Neighorhood Sewer Program. It appears that the major obstacle to a higher participation by residents is the cost of connecting from the residence to the City's sewer line. Council has discussed previously the option of encouraging homeowners to work with the local lending institutions to arrange for private financing for the sewer extension on prviate property. Another option that Council should discuss is the City setting aside funds to "lend" a helping hand to the residents. There is a provision in the Local Government Code which will allow for this. Council discussed the options open to them in determining what policy will be used for the Neighborhood Sewer Program. Councilmember Harris stated his opinion of the policy is that Council should look at the neighborhoods that can afford to pay for sewer, without the City incurring any more debt as a City. He said, "when we have all those folks service, come back and address these neighborhood." He noted he has a hard time believing that the residents cannot get a short term note and finance $3,000, especially if they roll it into equity. Councilmember Gary Fawks stated,"We have two issues here, we have new neighborhoods that we may bring on-line and we have the neighborhoods that are all ready on-line." The last time Council visited on this, he remembers, that for the new neighborhoods, they should get a commitment. When a certain percentage has committed that they will tie on and signed off on an affidavit, then sewer can go in there. Curtis Hawk, City Manager, stated there is no document that is out there that is binding, unless the city goes through an assessment sewer program and requires people to tie-on. Mayor Stacy stated SPIN groups are trying to find out the interest in sewer in each addition. Agenda Item #11-C. Discussion: Work Session with Planning and Zoning Commission Curtis Hawk stated this item has been taken care of and Council does not have to meet. Aeenda Item #12. Adiournment The meeting was adjourned by Mayor Rick Stacy at 11:45 p.m. REGULAR CITY COUNCIL MEETING MINUTES OF OCT. 7, 1997 PAGE 20 OF 21 Sandra L. LeGrand City Secretary D: \WP-FILES\MINUTES\CC- 10-7-.MIN Mayor l~ck Stacy REGULAR CITY COUNCIL MEETING MINUTES OF OCT. 7, 1997 PAGE 21 OF 21 City of Southlake, Texas MEMORANDUM October 2, 1997 TO: Curtis E. Hawk, City Manager FROM: Nona Whitehead, Community Services Coordinator SUBJECT: Approval of the Revised SPIN Boundaries Section 2 of SPIN Ordinance 598 -A directs the SPIN Standing Committee to review neighborhood boundaries and recommend appropriate boundary changes to the City Council for approval. Several meetings were held over the summer as the map was divided into sections for review by the Executive Committee and the affected SPIN Representatives. The problem areas identified included 2 neighborhood subdivisions in more than one SPIN area, disproportionate population densities, and boundaries that were difficult to define verbally. The proposed map is attached and recommended changes are as follows: 1. Major thoroughfares have become the primary boundaries This change will help ensure neighborhoods are not split by SPIN boundaries, as it is expected that subdivisions would be contained within major thoroughfare divisions. 2. SPIN #4 has been merged into adjoining SPIN neighborhoods. The 60 residents in this mainly commercial area should be better served by their attachment to SPIN neighborhoods with residential concerns. The initial request to eliminate this SPIN was made by Janet Murphy, the current SPIN #4 representative. 3. SPIN #15 now includes the former SPIN #16. The eastern boundary of SPIN #15 is moved back to Davis Boulevard, and the north boundary becomes Florence Road. To allow for better representation in the high growth area south of F.M. 1709, SPIN #14 was divided and the number #16 assigned to the new area. Note that Stonelakes which was formerly in SPIN #13 is now in the new SPIN #16. 4. SPIN #9 becomes 9W and 9E. In order to keep the Timarron Villages together and yet divide the work load for representation, it was decided to use Byron Nelson as a logical major thoroughfare divide. The Representatives will work as a team to serve this growing area. 5.1 -i! Regular City Council Meeting October 7, 1997 Revision of SPIN Boundaries Page 2 Due to the fact that the SPIN Standing Committee has given unanimous approval to the new map, I request that this item be placed on the agenda for the October 7, 1997 Regular City Council meeting for consideration and approval. Attachment: Proposed SPIN Map Yrktf-v WIZ Nona Whitehead City PI of r 1 . V Southlake �,��� S•RI•N• , Neighborhoods = ifIV i 1 DUtb Q \ s ; \ 3 i E 1 IL O& ST Ys 1 � z 1 1 z 1 5 1 IIP �1 w , Ohl. w 6 13 E 'CURIAE BIM 15 _. 16 8 • 9e �' 14 - 9%; - w oomeITK B. DISCLAIMER This data has been compiled for The . " "Y of Southlake. Various official unofficial sources were used to - ,er this information. Every effort was made to insure the accuracy of this data, however, no guarantee is given or implied as to the accuracy No Scale of said data. SPIN 4 is reserved for future growth S - 3 use. S