1997-10-21REGULAR CITY COUNCIL MEETING
667 NORTH CARROLL AVENUE, SOUTItLAKE
OCTOBER 21, 1997
MINUTES
COUNCILMEMBERS PRESENT: Mayor Rick Stacy; Deputy Mayor Pro Tem David Harris.
Members: Pamela Muller and Scott Martin.
COUNCILMEMBERS ABSENT: Mayor Pro Tern Ralph Evans; Councilmembers Gary Fawks
and Wayne Moffat.
STAFF PRESENT: Curtis E. Hawk, City Manager; Darcey Imm, Assistant to the City Manager;
Lou Ann Heath, Director of Finance; Bob Whitehead, Director of Public Works; Ron Harper,
City Engineer; Shawn Poe, Capital Projects Coordinator; Paul Ward, Building Official; Chuck
Bloomberg, Plans Examiner; Greg Last, Director of Community Development; Karen Gandy,
Zoning Administrator; Kim Lenior, Director of Parks and Recreation; Billy Campbell, Director
of Public Safety; Garland Wilson, Deputy Director of Public Safety, Fire Services Division; Gary
Gregg, Deputy Director of Public Safety; Police Services Division; Lauren Safranek, Director of
Human Resources; Kevin Hugman, Manager of Community Services; Shelli Siemer, Senior
Community Services Coordinator; E. Allen Taylor, City Attorney; and, Sandra L. LeGrand, City
Secretary.
WORK SESSION: A work session was held whereby Council and staff reviewed the agenda
items for tonight's meeting. The following additional items were discussed during that time:
1) The Parks and Recreation Board report was given by Robin Jones, a member of the
board. Ms. Jones stated Doug Fierce was named Secretary to the board.
2) Dr. Daniel Presley, Principal of Carroll High School, was present with a request for
a variance to the sign ordinance for a sign to be located at 1501 West South_lake
Boulevard. It was suggested he work with the appropriate staff member and bring back
the request to the City Council in the near future.
3) Kosse Maykus was present with comments concerning Ordinance No. 683, Sidewalk
Ordinance. He stated he does not think the development community is aware of this
ordinance and feels they should be included in the process.
4) A Scout group from Pack 507, Johnson Elementary School and Carroll Intermediate
School, were present for the work session in preparation of their "citizen badge." Mayor
Stacy introduced the group and thanked them for attending.
5) The agenda items for tonight's meeting were reviewed by Counciimembers present.
REGULAR CITY COUNCIL MEETING MINUTES OF OCT. 21, 1997 PAGE 1 OF 21
Agenda Item #1. Call to Order
Mayor Rick Stacy called the Regular City Council meeting to order at 6:10 p.m.
Agenda Item #2-A. Executive Session
Mayor Rick Stacy advised the audience that Council wouM 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 6:15 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 staff to proceed with condemnation of all lots not currently under
contract north of Silverside Road in West Beach Addition in Bob Jones Park.
Motion: Harris
Second: Martin
Ayes: Harris, Martin, Muller, Stacy
Nays: None
Approved: 4-0 vote
Motion was made to authorize staff to execute a contract to acquire the 37.651 more or less acres
as discussed in executive session.
Motion: Harris
Second: Martin
Ayes: Harris, Martin, Muller, Stacy
Nays: None
Approved: 4-0 vote
Motion was made to authorize to proceed with obtaining the property contiguous to the right-of-
way north of SH 114 and the property as previously discussed and acquire property for the
purpose of the right-of-way for the Dove Road interchange.
Motion: Harris
Second: Martin
Ayes: Harris, Martin, Muller, Stacy
Nays: None
Approved: 4-0 vote
REGULAR CITY COUNCIL MEETING MINUTES OF OCT. 21, 1997 PAGE 2 OF 21
Agenda Item//3. Approval of the Minutes of the October 7. 1997 Cit_v Council meetin~
Motion was made to approve the minutes of the Regular City Council meeting held on October
7, 1997.
Motion: Harris
Second: Muller
Ayes: Harris, Muller, Martin, Stacy
Nays: None
Approved: 4-0 vote
Agenda Item #4-A. Mayor's Report
Mayor Rick Stacy noted several announcemems including:
· October 20, 1997, SPDC meeting at 6:00 p.m. in the Council Chambers of City Hall.
October 23, 1997, Strategic Plan meeting for Councilmembers in the Administrative
Building Conference Room at 6:00 p.m.
October 24, 1997, from 11:30 a.m. to 1:30 p.m., in the Fire Bay at City Hall, the United
Way Kick-Off Bar-B-Que Luncheon will be held. Councilmembers are invited to attend,
and serve as "Judges" for the bake-off contest and other things.
October 25, 1997, the Kick-Off for "Make A Difference Day" at the Senior Center.
The Mayor will speak at noon. A proclamation was given to Dick Johnston and Linda
Moore, members of the Southlake Senior Advisory Committee, procla'uning October 25,
as "Make A Difference Day."
November 4, 1997, Election Day. Vot'mg will be held in the Council Chambers of City
Hall. The City Council meeting will be held in the DPS Training Room.
A proclamation was presented to Carrie Fullington, Community Services Officer of the
Department of Public Safety, proclaiming "Gun Safety Week" for the children attending
Southlake schools.
Councilmember Scott Martin made comments regarding to the Tree Preservation
Ordinance work group, thanking those who participated in the process, noting, many hours
were spent working through the issues with the group and he applauded those who
participated including: Lanny Tate, Debra Edmondson, Mike Sandlin, Brace Roberts,
Greg Last, Keith Martin, Darcey Imm, John Davis, Lisa Stokdyke, president of Keep
Southlake Beautiful, David McMahan and Richard Meyers.
November 6, 1997, will be the first meeting of the Drag and Alcohol Prevention
REGULAR CITY COUNCIL MEETING MINUTES OF OCT. 21, 1997 PAGE 3 OF 21
Committee in the White Chapel Room at Bicentennial Park.
Agenda Item #4-B. City Manger's Report
Curtis Hawk, City Manager, reported Billy Campbell, Director of Public Safety, has been meeting
with various groups around the City regarding issues on the ballot, the creation of the Crime
Control and Prevention District which is dedicated to crime reduction programs, and the adoption
of a proposed local sales and use tax at a rate of one-half of one percent. He urged the
registered voters to vote on this important measure.
Agenda Item #4-C. SPIN Report
Martin Schilling, SPIN #2 representative, reported on the activities of his SPIN neighborhood,
noting his last report was made in February, 1997. Mr. Schilling said his last report was
uneventful and this report is also uneventful as there is nothing to report. He noted his SPIN
group met with Joe Mast, SPIN Representative of SPIN #3 on August 27, 1997.
Agenda Item #5. Consent Agenda
Mayor Rick Stacy read the consent agenda items into the record, including:
5-A. Authorize the Mayor to execute an Interlocal Cooperative Agreement for Fire Protectinn
Services between the City of Southlake and Denton County.
5-B. Authorize the Mayor to execute a renewal of the Cooperative Purchasing Agreement for
1997-98 between the City of Southlake and Denton County.
5-C. Resolution No. 97-67, amendment to the City's Investment Policy to comply with recent
legislative changes to the Public Funds Investment Act.
Authorization for the City's concurrence to execute a contract for the sanitary sewer line
extension from S-2 sewer trunk line to serve Sutton Place, CDBG Project No. B96-UC-48-
0001-60-15.
5-E. Authorize the Mayor to execute a Medical Control Services Agreement between Baylor
Medical Center at Grapevine and City of Southlake Department of Public Safety.
5-F. Approve Change Order No. 2 for sanitary sewer lines and water line to the Miron
Addition.
5-G. Authorize the Mayor to execute a contract with Dunaway and Associates for the design
of North White Chapel Boulevard to the County line.
REGULAR CITY COUNCIL MEETING MINUTES OF OCT. 21, 1997 PAGE 4 OF 21
10-A. Request for variance to Sign Ordinance No. 506-B for Village Center Chevron located at
2100 East Southlake Boulevard (F.M. 1709).
10-B. Authorize the Mayor to enter into a developer agreement for Wilmington Court, located
on the northwest comer of the intersection of South White Chapel Boulevard and West
Confmental Boulevard.
10-D. Authorize the Mayor m enter into a partial developer agreement for Cornerstone Business
Park located at the west end of Exchange Boulevard.
Motion was made to approve the consent agenda item #5-A, modifying 5-A so that it reflects the
understanding that it is basically a continuation of previous contracts that would obligate the City
to have a contract to provide fire protection to that part of unincorporated Denton County
adjacent to the City of Southlake; approving g5-B, gs-c, g5-D, gS-E, g5-F, gS-G, al so adopting
items #10-A, gl0-B, to require the developer to provide for the installation of fire hydrants prior
to the issuance of any building permits, and gl0-D with the added provision that no construction
traffic be allowed on Crooked Lane.
Motion: Harris
Second: Martin
Ayes: Harris, Martin, Muller, Stacy
Nays: None
Approved: 4-0 vote
ADDITIONAL INFORMATION ON CONSENT ITEMS
Interlocal Cooperative Agreement for Fire Protection services between the City of
Southlake and Denton County for Fiscal Year 1997-98. This is an annual contract offered
by Denton County to all fire service providers in the County. There are two changes that
differ from the previous contract, one being an increased per call rate from $125 to
$137.50. Denton County will pay the City for every call in the designated unincorporated
area of Denton County. The second change is reporting requirements. In the past year
we have not answered any calls in the Denton County unincorporated areas, exclusive of
mutual aid. For entering into the agreement, Denton County will pay the City of
Southlake $5,000.
Renewal of the Cooperative Purchasing Agreement for 1997-98 between the City of
Southlake and Denton County. The contract allows the entities to take advantage of cost
benefits associated with large volume purchases. All contracts follow State law regarding
bidding procedures, and due to the volume of purchases, Southlake can benefit with
considerable cost savings by participating in this Agreement.
5-C. Resolution No. 97-67, amendment to the City's Investment Policy to comply with recent
legislative changes to the Public Funds Investment Act. Trip Irby with First Southwest
REGULAR CITY COUNCIL MEETING MINUTES OF OCT. 21, 1997 PAGE 5 OF 21
Asset Management, Inc. has reviewed the City of Southlake policy and made
recommendations which are outlined.
Authorization for the City's concurrence to execute a contract for sanitary sewer
improvements for Sutton Place, CDBG Project No. B96-UC-48-0001-60-15. This project
extends a sanitary sewer trunk line to Sutton Place as part of a larger program to make
infrastructure improvements within the entire subdivision. Low bidder for this project is
DSCI, Inc. in the amount of $64,835.68. This company is currently providing services
for Tarrant County and is qualified for this project.
Authorize the Mayor to execute a Medical Control Services Agreement between Baylor
Medical Center at Grapevine and the City of Southlake Department of Public Safety. This
agreement has been renewed each year since Southlake began contracting with Baylor for
medical control services in 1990. Medical control services consist of on-line medical
control 24 hours a day for seven (7) days a week.
Change Order No. 2 for sanitary sewer lines and water line to the Miron Addition.
Change Order No. 2 was awarded to J.S. Constructors, Inc. for this additional 12" water
line in the amount of $17,773.50. This line will be installed from the site of the future
elevated tank to an existing water line in Oak Tree Estates.
Authorize the Mayor to execute a contract with Dunaway and Associates for the design
of North White Chapel Boulevard to the County line. Dunaway and Associates has been
selected to provide surveying and engineering plans at a cost of $37,750. The construction
materials cost is estimated to be $139,260, for a total project cost of $175,410. If this
project were to be bid out to a contractor, rather than using County labor, the project
would cost approximately $196,185. Adding, the engineering cost would make the total
$217,150.
10-A.
Request for variance to the Sign Ordinance No. 506-B, for Village Center Chevron located
at 2100 East Southlake Boulevard. Mr. Robert Kurima of Chevron has requested a permit
to construct a monument sign with a reader board. Reader boards are not permitted by
the sign ordinance. The proposed sign meets all requirements for a monument sign except
that it will have changeable gasoline prices. Mr. Kurima stated the interchangeable
gasoline price sign is an integral part of the Chevron monument sign and has become a
feature expected by the people.
10-B.
Developer Agreement with Wilmington Court, located on the northwest comer of South
White Chapel Boulevard and West Continental Boulevard. This is a standard developer
agreement with one exception. The standard developer agreement allows for building
permits to be issued for 10% of the lots once water and sewer is available. This would
be two lots for this development. The developer wishes immediate release of all lots
backing up to Continental Boulevard and White Chapel. The developer's contention is that
REGULAR CITY COUNCIL MEETING MINUTES OF OCT. 21, 1997 PAGE 6 OF 21
fire protection is available to those lots via hydrants on Continental and White Chapel.
IO-D.
Partial Developer Agreement for Cornerstone Business Park located at the west end of
Exchange Boulevard. The developer wishes to begin grading and earthwork on this
project. According to the Subdivision Ordinance, no work can begin until a Developer
Agreement has been approved by the City Council. The staff has approved grading plans
for this project. The developer will be required to pay the Park Fees of $500 Per acre
prior to the start of work. Total Park Fees will be $21,650.
Mayor Stacy noted the following items will be tabled tonight at the request of the
applicants: #7-B, #10-C, and #8-C.
Agenda Item #6-A. Presentation bv Bob Stith. Regresentative of the Mayor's Ethics
Ordinance Review Committee
Bob Stith, Pastor of Southlake Baptist, made a presentation on behalf of the Mayor's Ethics
Ordinance Review Committee, stating the co~nmittee has met several months discussing the
Southlake Code of Ethics and Conduct. They have studied the Southlake ordinance, comparing
this ordinance with the ethics ordinances of other cities. Most of the other ordinances were from
cities in the area and some outside the general area. In evaluating each of the ordinances, they
determined what Southlake has is an adequate document. Some of the ones looked at were more
lenient and some were a bid more restrictive. By and large, Southlake's was a good document.
It was comprehensive without being restrictive. They believe it defines the things that needs to
be carefully defined. At this point, they are not prepared to make any recommendations for
changes or additions They had one suggestion brought forward at the last meeting for
consideration but at this point they feel the document is adequate. The committee feels that they
should state to the City Council that disclosure and accountability is always to be desired and they
would encourage disclosure and accountability that goes beyond legal requirements and at the
same time they would encourage people to be fair minded in considering that. There is not a
charter, ordinance, or document that will cover every situation. They encourage people to
address it in that way.
Mr. Stith quoted from a letter from Robin Jones to the committee dated October 21, 1997,
stating, "it would be very easy to get bogged down in details of legal description and individual
potential scenarios, and for that reason I recommend that the ordinance not be too detailed and
legal bound, but rather guide and encourage ethical behavior. The city entities which are
addressed in this Code of Ethics should be bound to one another through integrity and support.
The sharing of information which may or may not define conflict of interest should be
encouraged, and opinions solicited in order to properly govern this code." Mr. Stith stated the
committee agrees with this. They feel it would be very easy to always find a flaw with this or that,
or to take advantage of something, so their opinion is to take the high ground in this discussion
or other discussions in the future. The committee recommends that all city entities avoid any
appearance of improprieties and when disagreements arise, to handle them in a way that would
REGULAR CITY COUNCIL MEETING MINUTES OF OCT. 21, 1997 PAGE 7 OF 21
reflect honor on all involved. Codes and ordinances cannot do this, only people of good will can
accomplish this. Their hope is that Southlake can become a model of good will.
Councilmember Harris asked Mr. Stith if this committee would be willing to be
a continuing advisory body that this council can refer specific matters to for
specific opinions. Stith replied, yes. The members have expressed their
willingness to continue meeting.
Councilmember Scott Martin asked Mr. Stith to express the gratitude of Council
to the other members of the Committee so that they will know that Council
appreciates the work that they have done.
Agenda Item #6-B. Public Forum
Kenneth Home, 1215 Ashmore Court, Sonthlake. Mr. Home stated he has a couple of questions
that have been bothering him since the last meeting concerning the Ethics Ordinance. Mr. Home
stated, "It would seem that it would be a conflict of interest, as we have a Councilmember who
would have to excuse himself from voting on issues because of certain commitments with regard
to the Town Square Center. We need the vote of all Councilmembers. We cannot serve two
masters." Mr. Home believes when a situation occurs that you must choose between the duties
of a Councilmember or the duty to oneself or to their profession, if a person can truly serve two
masters. He referenced the situation on the Planning and Zoning Commission, noting he does not
want to name names, but he has concerns.
Agenda Item #7-A. Ordinance No. 480-259. 2nd reading (ZA 97-11D.
Ordinance No. 480-259, 2nd reading, (ZA 97-111), Rezoning on property legally described as
being approximately 9.814 acres situated in the Thomas M. Hood Survey, Abstract No. 706, and
being Tract 8A. Current zoning is "AG" Agricultural District with a requested zoning of "SF-
IA" Single Family Residential District. Owner: J. Randall and Terri G. Keeue. Applicant:
Hughes & Associates.
Karen Gandy, Zoning Administrator, commented that twelve (12) notices were sent to property
owners within the 200' notification area and four (4) written responses have been received from
Billy and Betty Runyan, 979 Shady Oaks, Southlake, opposed; Mary Arnold, 520 W. Highland,
Southlake, in favor; Doreen Bruton, 480 W. Highland, Southlake, opposed; Timothy Raley, 440
West Highland Street, Southlake, opposed.
Steven Hughes, Hughes and Associates, applicant, stated they are only building one home on the
property.
PUBLIC HEARING: No comments were received during the public hearing.
REGULAR CITY COUNCIL MEETING MINUTES OF OCT. 21, 1997 PAGE 8 OF 21
Motion was made to approve Ordinance No. 480-259, 2nd reading.
Motion: Harris
Second: Martin
Mayor Rick Stacy read the caption of the ordinance.
Ayes: Harris, Martin, Muller, Stacy
Nays: None
Approved: 4-0 vote
Agenda Item #'/-B. Ordinance No. 683. 2nd reading. Sidewalk Ordinance
Ordinance No. 683, 2nd reading, Sidewalk Ordinance.
Councilmember Muller stated she is concerned about the feelings of the Parks and
Recreation Board, stating, she does not want them undermined by turning the sidewalk
ordinance over to the development community.
Councilmember David Harris stated he has the understanding that the Parks and
Recreation Board wants to work with the developers who want to serve on the
committee.
Ronnie Kendall, Parks and Recreation Board member. Ms. Kendall stated she is ready to
proceed. She stated she would proceed to get the developers input and she has and is ready to
proceed with the second reading of this ordinance.
City Councilmembers are to provide their input on the ordinance to Ronnie
Kendall. Ms. Kendall will gather information from Councilmembers and from the
developers, and then have one last meeting to incorporate all the changes, prior
to bringing it back for the continuation of the second reading.
Motion was made to table Ordinance No. 683, 2nd reading time certain December 2, 1997, at the
request of the citizens, continuing the public hearing to December 2, 1997.
Motion: Martin
Second: Harris
Ayes: Martin, Harris, Muller, Stacy
Nays: None
Approved: 4-0 vote (to table)
Agenda Item #7-C. Ordinance No. 480-260. 2nd reading (ZA 97-118~
Ordinance No. ZA 480-260, 2nd 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. Current zoning is "R-P.U.D." Residential Planned Unit
Development and "AG" Agricultural District with a requested zoning of "CS" Community
REGULAR CITY COUNCIL MEETING MINUTES OF OCT. 21, 1997 PAGE 9 OF 21
Services District. Owner and Applicant: City of Southlake.
Karen Gandy, Zoning Administrator, noted seven (7) notices were sent to property owners within
the 200' notification area and no written responses have been received.
PUBLIC HEARING: No comments were received during the public hearing.
Motion was made to approve Ordinance No. 480-260, 2nd reading, subject to the Concept Plan
Review Letter No. 2, dated October 3, 1997; allowing a waiver of the bufferyards in item #1.
Motion: Martin
Second: Harris
Mayor Rick Stacy read the caption of the ordinance.
Ayes: Martin, Harris, Muller, Stacy
Nays: None
Approved: 4-0 vote
A~,~nda Item g7-D. Ordinance No. 572-A. 2nd reading. Amendment to the 1991 Edition of
the Uniform Fire Code. and/fT-E, Ordlnance No. 619-A. 2nd reading. Amendment to the
1994 Edition of the Uniform Building Code.
Garland Wilson, Deputy Director of Public Safety, Fire Services Division, made a presentation
regarding Ordinance No. 572-A, 2nd reading, Amendment to the 1991 Edition of the Uniform
Fire Code, and Ordinance No. 619-A, 2nd reading, Amendment to the 1994 Edition of the
Uniform Building Code. Director Wilson presented the recommendations from the North
Central Texas Council of Governments. The proposed amendment requires all commercial
buildings to have sprinklers installed when the square footage exceeds 6,000 square feet of floor
area. Residential one and two story family homes are exempted and will not be required to have
sprinklers at this time, however, this may be a considered when the 1997 Uniform Fire Code is
adopted later this year.
Mayor Rick Stacy stated he is opposed to requiring onerously, in his opinion, the
person who is going to build a 6,000 square foot warehouse, to sprinkle it, when
someone else building a 7, or 8, or 10, or 12, thousand square foot house located
at the end of a trail where the City cannot get a fire track to is exempt. He noted
that it is not fair. "If there is indeed a reason to have a sprinkler system in a 6,000
square foot warehouse, there probably is a reason to sprinkle a 6,000 square foot
home." He stated he has a real problem picking on the people who are trying to
do business in town.
PUBLIC HEARING:
Terry Wilkinson, 930 Parkview, Southlake. Mr. Wilkinson stated he has an office building that
he is working on the design at this time. It is a 7,000 square foot building for one of the
REGULAR CITY COUNCIL MEETING MINUTES OF OCT. 21, 1997 PAGE 10 OF 21
homeowners in the neighborhood. He stated he has not done a building that has a sprinkler
system. The 7,000 square foot building is one thousand feet over the limit and will be required
to have a sprinkler system under the new ordinance. It will cost $18,000 to $25,000 more for just
the system, with more cost for hooking it onto the system. He stated Southlake must be
competitive with the surrounding towns. He stated he can go to Keller, Colleyville, Grapevine
and not be required to sprinkle the building. Mr. Wilkinson fees that to make Southlake that
much more restrictive outs Southlake at a competitive disadvantage. It will be difficult to spread
the cost of sprinklers over a 7,000 square foot building and still be competitive.
David McMahan, 1335 Hidden Glen, Southlake. Mr. McMahan stated he has met with Director
Wilson regarding this issue. The smallest requirement he has ever worked with was 12,000
square feet. He said, "one of the problems we have in Southlake, especially in the smaller
buildings, requires a double edge. Depending on the type of sprinkler system, dry or water."
McMahan asked if Council would change the requirement, as it is too onerous as outlined.
Public Hearing Closed.
Agenda Item g2-A. Executive Session Continued
Mayor Stacy advised the audience that Council would be returning to executive session pursuant
to Chapter 551 of the Texas Government Code, to seek the advice of the City Attorney.
Council adjourned into executive session at 8:35 p.m.
Council returned to open session at 8:50 p.m.
Agenda Item g2-B. Action Necessary Continued
No action was necessary as the result of the executive session.
Motion was made to table agenda items #7-D, and #7-E to the November 18, 1997 City Council
meeting at the request of the applicant, continuing the public hearing until that time.
Motion: Harris
Second: Martin
Ayes: Harris, Mart'm, Muller, Stacy
Nays: None
Approved: 4-0 vote
Agenda Item #7-G, ZA 97-127. Revised Site Plan for Georgetown Park. Phase II
ZA 97-127, Revised Site Plan for Georgetown Park, Phase II, on property legally described as
Lot 1, Block 1, Georgetown Park, an addition to the City of Southlake, Tarrant County, Texas,
according to the plat recorded in Cabinet A, Slide 3434, Pat Records, Tarrant County, Texas.
Current zoning is "C-2" Local Retail Commercial District. Owner: Georgetown Monticello
REGULAR CITY COUNCIL MEETING MINUTES OF OCT. 21, 1997 PAGE 11 OF 21
Partners, Ltd. Applicant: Realty Capital Corporation.
Karen Gandy Zoning Administrator, stated eleven (11) notices were sent to property owners
with'm the 200' notification area and two (2) written responses were received from: Liberty Bank,
Stephen Ingram, President, 5801 David Boulevard, Fort Worth, in favor; Gorden Nettleton, 2611
East Southlake Boulevard, Southlake, in favor. Ms. Gandy stated that due to a building permit
consideration, they are having to add an exterior stairwell to the building.
Mayor Rick Stacy asked if this item had come before the Council before, why did
it have to come back again?
Greg Last, Director of Community Development, stated staff does not feel at this
point that the ordinance allows staff the flexibility to amend those types of issues
that specifically impact the facade of the building. With the corridor study the
phases of the building and the building articulation requirements are such important
issues, that staff did not want to take the liberty to approve it without Council
approval.
Curtis Hawk, City Manager, stated one of the things Council needs to look at is
the areas that are considered routine or minor that staffand council approve. Mr.
Hawk said, there are a number of those things, and we need to tract those things
as we go through the ordinances.
Councilmember Scott Martin stated he really agrees with the Mayor that it is a
shame they had to spend the time to come back to Council once again. He asked
staff to add this issue to the list of ordinance changes.
PUBLIC HEARING: No comments were made during the public hearing.
Motion was made to approve ZA 97-127, Revised Site Plan for Georgetown Park, Phase 2,
pursuant to the Staff Review Letter No. 2 dated October 17, 1997; waiving the bufferyard
requirements as Council had done previously on this action; accepting the articulation as shown.
Motion: Martin
Second: Harris
Ayes: Martin, Harris, Muller, Stacy
Nays: None
Approved: 4-0 vote
Agenda Item g7-H. ZA 97-129. Revised Site Plan of Orthodontic Office
ZA 97-129, Revised Site Plan of orthodontic office for Robert W. Gallagher, D.D.S., M.S., on
property legally described as Lot 12R1, Block 2, Diamond Circle Estates, an addition to the City
of Southlake, Tarrant County, Texas, according to the plat recorded in Cabinet A, Slide 3668,
REGULAR CITY COUNCIL MEETING MINUTES OF OCT. 21, 1997 PAGE 12 OF 21
Plat Records, Tarrant County, Texas. Current zoning is "C-2" Local Retail Commercial District.
Owner: Dr. Wallace Ryne, O.D. Applicant: Robert W. Gallagher, D.D.S., M.S.
Karen Gandy, Zoning Administrator, commented that nine (9) notices were sent to property
owners within the 200' notification area and one (1) written response was received from Richard
O'Day, 921 Emerald Boulevard, Southlake, in favor.
The Planning and Zoning Commission approved this item on October 9, 1997, 7-0 vote) subject
to the Site Plan Review Summary No. 1, dated October 3, 1997, with the following amendments:
waiving the requirement for plantings in the east bufferyard, but requiring the placement of the
plantings elsewhere on the site (item #1); deleting the second statement from Item #1 (Lot 12R1,
Block 2, East Bufferyard; Length=164', Canopy Trees =w, Accent Trees=3, Shrubs=13);
accepting the articulation as proposed and allowing the applicant to bump the rear wall out
approximately 1'; and, waiving item #3 (40' rear building setback).
Applicant: Dr. Robert Gallagher, 2435 East Southlake Boulevard, Southlake, was present to
answer questions from Council.
PUBLIC H~ARING: No comments were received during the public hearing.
Motion was made to approve ZA 97-129, Revised Site Plan subject to the Site Plan Review
Summary No. 2, dated October 17, 1997; waiving the requirement for plantings along the east
bufferyard and requiring that they be placed elsewhere on the site; accept'rog the articulation for
the building and allowing the applicant's request for an additional one-foot bump out in the rear,
moving the building to the south one foot; waiving the 40' set-back and allowing the proposed
25' rear yard building set-back.
Motion: Martin
Second: Harris
Ayes: Martin, Harris, Muller, Stacy
Nays: None
Approved: 4-0 vote
Agenda Item g7-I. ZA 97-132. Site Plan of the Courtyard at Timarron
ZA 97-132, Site Plan of the Courtyard at Timarron, on property legally described as Lot 2, Hall
Medlin No. 1038 Addition, an addition to the City of Southlake, Tarrant County, Texas,
according to the plat recorded in Cabinet A, Slide 2495, Plat Records, Tarrant County, Texas,
and being approximately 4.855 acres of land. Current zoning is "R-P.U.D. ~ Residential Planned
Unit Development District with "C-2" Local Retail Commercial District uses. Owner: Westerra-
Timarron, L.P. Applicant: Realty Capital Corporation.
Karen Gandy, Zoning Administrator, commented that fourteen (14) notices had been sent to
property owners within the 200' notification area and one (1) response was received within the
REGULAR CITY COUNCIL MEETING MINUTES OF OCT. 21, 1997 PAGE 13 OF 21
200' notification area from Barbara Manisco, 110 Bent Trail Drive, Southlake, opposed, stating,
"Due to the C-2 zoning and building density. If the zoning were more restrictive (O-1), if no
building signage was allowed and there was one less building near the residence, I could support
the plan.'
Ms. Gandy commented that perhaps Ms. Manisco's vote is mute because the developer has
resubmitted and now shows one less building on the plan.
Richard Myers, Capital Realty Corporation, 920 South Main Street, Grapevine. Mr. Myers stated
they have filed an application to down zone the property from PUD with C-2 uses to "S-P-1"
with O-1 uses. He stated he thinks they are on the Planning and Zoning Commission agenda for
this Thursday night and will be back before the City Council in the near future. Mr. Myers stated
they have designed the project to basically be an office project. They want to do a very beautiful
type office complex that will hopefully fit in with the neighborhood. They have met with the
homeowners several times and have made several refinements to the plan, and they feel they have
good neighborhood support.
The things that have been refined as time has gone by, is that they have tried to save as many
trees as possible utilizing a tree survey. They have also on the south side of the property put in
a 50' bufferyard instead of the typical 25' bufferyard as required. They have pushed the parking
further north and also moved the dumpsters from that area as well. They have reduced the
buildings from six to five although the square footage is the same. The buildings themselves
should have a Southwestern-Mediterranean type theme. They plan on a tile roof or a hard-slate
roof with a look as shown on the elevations presented.
Mr. Myers noted they are asking for a variance for parking. He noted they planned the center
for 30,000 square foot of regular office space and 11,000 square foot of medical office space.
The required number of parking spaces for this size building is one hundred ninety-one (191)
spaces. They reduced the parking spaces to one hundred sixty-three (163) spaces in order to save
trees and keep the spaces away from the residences. (He noted they have requested a variance to
the sprinkler system requirement because the two one-story buildings on the south side of the
property are sprinkled buildings.) They have met with the Fire Chief and Fire Marshal and they
are determining if the variance can be granted on this request.
Mayor Stacy commented on the parking spaces. At this time no one knows if this
parking will be needed. If the number of spaces requested are adequate, then the
City may needs to change the ordinance. Do we need some type of agreement
with the developer? Mr. Myers asked for a staff member to be the arbitrator on
this. He will not know if he needs more spaces until the final building is occupied.
Councilmember Harris stated he feels it will be a little hard to fashion the parking
on contingent ordinances. If it is not working, the first person to know this will
be the developer. Harris said, "they would have to come forward to the City to ask
them to change the plan to allow them to put in additional parking because it would
REGULAR CITY COUNCIL MEETING MINUTES OF OCT. 21, 1997 PAGE 14 OF 21
be something other than what is shown on the Site Plan. Whoever owns the
property would have to come in.'
Karen Gandy, Zoning Administrator, commented that it would be covered in the Developer
Agreement and that it would bind not only him, but subsequent owners. Greg Last noted if
Council approves this plan not to exceed 163 parking spaces, when he down-zones it to the "S-P-
1" zoning, it would require rezoning to change if he has a fixed parking already in place. He
may not want to request a reduction of 163 spaces at this point.
Mayor Stacy stated he is not prepared to vote on this with less than standard
parking, and again, four votes are needed to approve this without some kind of
agreement that says he will take care of this issue. Mayor Stacy commented, "how
can we stand by our parking ordinance if we are going to cut this short, and where
are we if it really is short.'
Councilmember Scott Martin stated the reason we have P.U.D. and site plans is
to negotiate these kinds of issues. He stated be feels the City should reduce the
parking requiremet as it is onerous to the developer. Mr. Martin said, "here we
are requiring more concrete parking lots and more loss of trees. If the developer
has a problem, it is his problem. If he were to come back later because he needs
more parking space, he needs to reapply, as there is no on-street parking."
Mr. Myers stated he is willing to address this in a developer agreement if that is the way to do
it. He stated he feels strongly as they are making a financial risk by limiting their parking and
feels strongly the parking spaces are absolutely not needed.
Councilmember Pamela Muller stated if Mr. Myers is willing to take this risk with
the parking, understanding his business, why not grant the variance?
PUBLIC HEARING:
Ronnie Kendall, adjacent property owner. Ms. Kendall stated she did not receive notification of
this public hearing on the first or second notice. She stated she feels good about what Mr. Myers
wants to do as he has worked with the neighborhood. She noted she supports this plan.
David McMahan, 1335 Hidden Glen, Southlake. Mr. MaMahan stated he got his notice and is
100% in favor of this site plan, noting, he feels it is a first class project on a problem corner.
Public Hearing Closed.
Motion was made to approve ZA 97-132, subject to the Site Plan Review Letter No. 2, dated
October 17, 1997; allowing changes as requested in item #4-B, allowing the parking as shown.
Motion: Harris
REGULAR CITY COUNCIL MEETING MINUTES OF OCT. 21, 1997 PAGE 15 OF 21
Second: Martin
Ayes: Harris, Martin, Muller, Stacy
Nays: None
Approved: 4-0 vote
Agenda Item/f7-J. ZA 97-081. Site Plan for Commerce Sauare
ZA 97-081, Site Plan on the proposed Lot 2, Commerce Square, on property legally described
as approximately 4.57 acres situated in the Thomas Easter Survey, Abstract No. 474, and a
portion of Tract 3A. Current zoning is "S-P-2" Generalized Site Plan District with limited "I-1"
Light Industrial District uses. Owner and Applicant: Southlake Properties, Inc.
Karen Gandy, Zoning Administrator, commented that eleven (11) notices were sent to property
owners within the 200' notification area and one (1) written response was received from Ken
Smith, 2366 Crooked Lane, Southlake, in favor. Ms. Gandy noted on October 9, 1997, the
Planning and Zoning Commission approved (5-1-1 vote) subject to the Site Plan Review Summary
No. 2, dated October 3, 1997, deleting Item #5d (13 sq.ft, of landscape area per parking stall);
recommending the masonry as submitted (Item #8a); and allowing articulation as shown on
Buildings 'C' and 'H' and accepting the applicant's agreement to comply with the articulation for
Buildings 'A' and 'B'.
Mayor Rick Stacy stated he would normally step down on this agenda item because
he is the property owner next door, however, tonight he has no choice and will not
step down because of the shortage of Councilmembers. Four affirmative votes are
needed in order for an item to be approved.
Terry Wilkinson, 930 Parkview Lane, Southlake. Mr. Wilkinson noted he is the applicant for this
action, indicating to the Council that he has sold the property to Surguard Storage Center.
Ron Newhouse, Surguard Storage Center, 502 East Lamar, Arlington. Mr. Newhouse stated
there are over 300 facilities in the United States and 10 in Europe. He noted of all their storage
centers, they have sold none of their facilities, noting they are very aware of community and strive
to meet our ordinances, being good neighbors. He stated there is a need for quality climate
controlled storage centers. The majority of the storage facility is in the back on the property, and
all of the buildings are turned in so that all the doors are pointed inwardly, so that it is difficult
from F.M. 1709 to see anything that will resemble a storage building. The leasing office is in the
front of the project. One of the trademarks is the light house. Mr. Newhouse stated they have
carefully gone over the articulation ordinance and all buildings meet the ordinance.
PUBLIC HEARING: No comments were made during this time.
Motion was made to approve the Site Plan Review Summary No. 3 dated October 17, 1997;
granting the variances as granted at the Planning and Zoning Commission meeting.
REGULAR CITY COUNCIL MEETING MINUTES OF OCT. 21, 1997 PAGE 16 OF 21
Motion: Harris
Second: Martin
Ayes: Harris, Martin, Muller, Stacy
Nays: None
Approved: 4-0 vote
A~,enda Item #8-B. ZA 97-128. Preliminary Plat of Lots 1 & 2, Block 1. Panorama Place
ZA 97-128, Preliminary Plat for the proposed Lots 1 & 2, Block 1, Panorama Place, on property
legally described as approximately 3.955 acres situated in the W.W. Hall Survey, Abstract No.
695, and being Tracts 5 and 5A. This plat proposes two (2) lots. Current zoning "O-1" Office
District. Owner: John Cole. Applicant: Panorama Properties, Inc.
Karen Gandy, Zoning Administrator, commented that fourteen (14) notices were sent to property
owners within the 200' notification area and no written responses were received.
Will Edgington, applicant, was present for the meeting. Mr. Edgington stated he has no problem
with the Plat Review Summary No. 2 dated October 17, 1997.
Motion was made to approve ZA 97-128, Preliminary Plat of Panorama Place, subject to the Plat
Review Summary No. 2, dated October 17, 1997; granting the applicant the flexibility in item #5,
to work with the developer across the street at Carroll Avenue to attempt to, if possible, to line
up the driveway with the proposed street "I."
Motion: Harris
Second: Martin
Ayes: Harris, Martin, Muller, Stacy
Nays: None
Approved: 4-0 vote
Agenda Item gS-C. Ordinance No. 480-261.1st reading (ZA 97-130)
Ordinance No. 480-261, 1st reading (ZA 97-130), Rezoning and Concept Plan for Southlake
Garden Offices, on property legally described as approximately 6.1441 acres situated in the
Obediah W. Knight Survey, Abstract No. 899, and being Tract 5E. Current zoning is "AG"
Agricultural District with a requested zoning of "O-1" Office District. Owner: 1709 Joint
Venture. Applicant: Best Tex Custom Homes.
Motion was made to table Ordinance No. 480-261, 1st reading, at the request of the applicant,
time certain December 2, 1997.
Motion: Martin
Second: Harris
Ayes: Martin, Harris, Muller, Stacy
REGULAR CITY COUNCIL MEETING MINUTES OF OCT. 21, 1997 PAGE 17 OF 21
Nays: None
Approved: 4-0 vote
Aeenda Item #8-D, ZA 97-131- Plat Revision for the pro_nosed Lots 4R1.4R2, land 4113,
Bl0¢k 6, $0uthridee Lakes. Phase C-1.
ZA 97-131, Plat Revision for the proposed Lots 4R1, 4R2, and 4R3, Block 6, Southridge Lakes,
Phase C-l, being a revision of Lot 4R, Block 6, Southridge Lakes Addition, Phase C-l, an
addition to the City of Southlake, Tarrant County, Texas. Current zoning is "C-3" General
Commercial District. Owner and Applicant: Southridge Center, L. P.
Karen Gandy, Zoning Administrator, commented that twelve (12) notices were sent to property
owners within the 200' notification area and no written responses were received. Ms. Gaudy
noted the applicant has met all items in the Plat Review Summary No. 1, dated October 3, 1997,
with the exception of those items in the Plat Review Summary No. 2, dated October 17, 1997.
David McMahan, 1335 Hidden Glen, Southlake, was present representing Four Peaks
Development. Mr. McMahan stated with regard to the Plat Review Summary No. 2 dated
October 17, 1997, he still wants the right-of-way to be 50' instead of the required 60', adding,
they are willing to meet the same paving width as for the 60' right-of-way. Mr. McMahan sta ted
he is developing this property and will be selling the sites. He may build some of the buildings,
but he may not.
Bob Whitehead, Director of Public Works, commented when asked by Council,
that staff is not in favor of changing the right-of-way from 60' to 50' because of
getting the utilities into the right-of-way; the City gets itself into setting some
precedents.
Councilmember Scott Mart'm asked what if this is a private driveway instead of
a public street. Mr. McMahan stated that it will be a dedicated street and they
cannot sell the back lots off of a private street.
Greg Last, Director of Community Development, commented that as the site stands now it would
apply in its entirety to the Corridor Overlay Zone As subdivided, the individual sites would be
subjected to the overlay zone. Any lots carved off would have to go to the Planning and Zoning
Commission. When this property was first subdivided, there was not any Corridor Overlay Zone.
Motion was made to approve ZA 97-131, Plat Revision, subject to the Plat Review Summary No.
2 dated October 17, 1997; following the recommendation of the Planning and Zoning
Commission, deleting the requirement of 60' right-of-way, acknowledging that the applicant will
provide a common access easement parallel to the right-of-way and has no objection to provide
37' of pavement within the 50' right-of-way.
Motion: Martin
REGULAR CITY COUNCIL MEETING MINUTES OF OCT. 21, 1997 PAGE 18 OF 21
Second: Harris
Ayes: Martin, Harris, Stacy
Nays: Muller
Motion failed---
NOTE: FOUR AFFIRMATIVE VOTES OF COUNCIL ARE NEEDED FOR
AN ITEM TO BE APPROVED
E. Allen Taylor, City Attorney, stated if Greg Last is correct, the way the corridor overlay
concept is structured, it is to deal with properties that were essentially directly adjacent to the
numbered roadways. If that road is platted and the lots are sold off, it will not fall within that
category.
David McMahan stated he would rather have a 50' right-of-way, but if he does not have the
required four votes, he is asking Council to approve the plat with the 60' right-of-way.
Council adjourned for recess at 10:50 p.m.
Council returned to open session at 11:05 p.m.
David McMahan stated in looking at the situation we have and giving it some thought, he is
willing to voluntarily deed restrict the property that is before the Council tonight, that will have
to comply with the corridor overlay zone, provided he gets a 50' right-of-way.
Motion was made to approve ZA 97-131, subject to the Plat Review Summary No. 2 dated
October 17, 1997; altering item #4-B to allow a 50' right-of-way as shown; acknowledging the
applicant's willingness to provide a common access easement parallel to the right-of-way; and
also, his willingness to provide up to 37' of concrete pavement in that 50' right-of-way; and
acknowledging the applicant's agreement to voluntarily deed restrict the entire parcel and all
subsequent subdivisions of said parcel to comply with the corridor overlay recommendations as
well as the corridor overlay zone requirements.
Motion: Martin
Second: Harris
Ayes: Martin, Harris, Muller, Stacy
Nays: None
Approved: 4-0 vote
A_~enda Item #10-C. Variance to the Si_tn Ordinance For Carroll ISD
Variance to the Sign Ordinance No. 506-B, for Carroll Independent School District, located at
1501 West Southlake Boulevard, Southlake. At the request of the applicant, this item will be
tabled time certain November 18, 1997 City Council meeting.
Motion: Harris
Second: Muller
REGULAR CITY COUNCIL MEETING MINUTES OF OCT. 21, 1997 PAGE 19 OF 21
Ayes: Harris, Muller, Martin, Stacy
Nays: None
Approved: 4-0 vote (to table)
Agenda Item #11-A. Discussion: Tree Preservation Ordinance No. 585-A
This item will be discussed during the next Planning and Zoning Commission meeting.
A~,enda Item #11-B. Discussion: Recommendation of Candidates to Tarrant Apprainnl Board
Curtis Hawk, City Manager, informed the Council that the Board of Directors of the Tarrant
Appraisal District will be considering the appoinlment of members to the Appraisal Review Board
(ARB). The ARB is a group of citizens appointed to hear and resolve disputes between taxpayers
and the appraisal district. There will be fifteen (15) positions to be filled before training begins
in early 1998. If Council would like to make any recommendations of candidates, please submit
them to the Board of Directors by November 15, 1997.
Agenda Item #11-C. Discussion: Insurance Service Or~,anizations (ISO} Rafino
This item was not discussed tonight.
Agenda Item #11-D. Discussion: November 4. 1997 Reeular City Council meetin~
Curtis Hawk, City Manager stated that the November 4, 1997, City Council meeting falls on the
date of the Special Election. The County will be holding elections in the fire bay, and the City
will be holding Crime Control District and a Non-binding referendum election in the Council
Chamber. Although the polls will close at 7:00 p.m., additional time may be needed to remove
ballot boxes, etc., and there is always the possibility of a recount. Mr. Hawk stated he has met
with staff and it appears that at this point there are no urgent items for consideration coming
forward that would require lengthy deliberations. However, due to restrictions in our Charter,
we cannot cancel the meeting. We could hold a brief meeting in the DPS training room, call the
meeting to order, approve the minutes of last City Council meeting, and act on any item that could
not be postponed until the second meeting in November due to timing/scheduling.
Agenda Item #12. Adjournment.
The meeting was adjourned by Mayor Rick Stacy at 11:15 p.m.
REGULAR CITY COUNCIL MEETING MINUTES OF OCT. 21, 1997 PAGE 20 OF 21
l~layor Rick StaL'3~
ATTEST:
~andra L. -I~,eGrand
City Secretary
D:\WP-FILES\MINUTES\CC- 10-21.MIN
REGULAR CITY COUNCIL MEETING MINUTES OF OCT. 21, 1997 PAGE 21 OF 21