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
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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