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1993-01-05 CITY OF SOUTHLAKE 667 N. Carroll Avenue REGULAR CITY COUNCIL MEETING January 5, 1993 7:00 p.m. MINUTES COUNCILMEMBERS PRESENT: Mayor, Gary Fickes; Wilhelm; Deputy Mayor Pro Tem Jerry Farrier. Michael Franks, Barry Emerson, Stephen Apple, Mayor Pro Tem Rick Councilmembers: Jon and, Mike O'Brien. CITY STAFF PRESENT: City Manager, Curtis E. Hawk; Director of Public Safety, Billy Campbell; Director of Finance, LouAnn Heath; Director of Public Works, Mike Barnes; Director of Community Development, Greg Last; City Engineer, Eddie Cheatham; Zoning Administrator, Karen Gandy; Assistant to the City Manager, Chris Terry; City Attorney, Wayne Olson; and, City Secretary, Sandra L. LeGrand. INVOCATION: Councilmember Jerry Farrier. The Work Session was called to order at 6:30 p.m. to discuss items on tonight's meeting agenda. Mayor Gary Fickes called the Regular City Council meeting to order at 7:05 p.m. Agenda Item #1-B~ Executive Session Mayor Fickes advised the audience that Council would be going into executive session pursuant to Section 2(e) 2(f) 2(g), and 2(j) of the Open Meetings Act, to seek the advice of our 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 7:08 p.m. Council returned to Open Session at 7:45 p.m. Agenda Item #I-C, Action Necessary/Executive Session As the result of the executive session, motion was made to excuse the forthcoming absences of Councilmember Mike O'Brien, as he will be out of state and will miss Council meetings to be held on January 19, 1993, February 2, 1993, and February 16, 1993. Motion: Apple Second: Emerson Ayes: Apple, Emerson, Franks, Farrier, Wilhelm, O'Brien, Fickes Nays: None Approved: 7-0 vote Regular City Council Meeting Minutes January 5, 1993 page two Aqenda Item #2~ Consideration of Minutes/ December 15~ 1992 The Minutes of the City Council Meeting held on December 15, were approved as presented. Motion: Wilhelm Second: Emerson Ayes: Wilhelm, Emerson, O'Brien, Apple, Farrier, Franks, Nays: None Approved: 7-0 vote 1992, Fickes Aqenda Item #3f Mayor's Report Mayor Fickes announced that he attended a "rally" on Monday, January 4, 1993, in honor of the 1993 State Champion Carroll Dragons Football Team. The Mayor stated the rally was a great success and well deserving as the team did a great job. Aqenda Item #4~ City Manager's Report The City Manager commented on January 11, 1993, the Tarrant County Mayor's Council will be having a Special Meeting to discuss the request of Dallas/Fort Worth International Airport Board, through a legislative initiative, to reaffirm its authority by amending the Texas Municipal Airports Act. Agenda Item #5f Consent Aqenda No items were presented under the consent agenda. Agenda Item #6t Public Forum. No comments were received during the public forum. Agenda Item #7t Ordinance No. 480-I~ 2nd readinq. Campinq Ordinance No. 480-I, 2nd reading, amending the Zoning Ordinance No. 480 by revising Section 35.9 (c) regarding the use of recreational equipment on residential or agricultural lots and adding Section 45.1 (36) to allow recreation campsites or campgrounds in the "AG" District with a Specific Use Permit. Karen Gandy, Zoning Administrator noted this revision to the Ordinance should eliminate any conflicting language and should establish any avenue whereby a campsite or campground would be permitted to develop if deemed appropriate by the City Council. Councilmember Rick Wilhelm stated he still has concerns with the wording in Section 1, paragraph C, and would prefer to see, "no more than thirty (30) days in any twelve (12) consecutive month period". The public hearing resulted with no comments from the audience. Regular City Council Meeting Minutes January 5, 1993 page three Aqenda Item #7-A, Continued Motion was made to approve Ordinance No. 480-I, 2nd reading, as amended in Section 1, paragraph "C", to read, "no more than thirty (30) days in any twelve (12) consecutive month period". Motion: Wilhelm Second: Apple Mayor Gary Fickes read the caption of Ordinance No. 480-I Ayes: Wilhelm, Apple, O'Brien, Emerson, Farrier, Franks, Fickes Nays: None Approved: 7-0 vote Agenda Item #8-A, Ordinance No. 480-80f 1st readinq G. Development Ordinance No. 480-80, 1st reading (ZA 92-60) is a rezoning request for 32.479 acres situated in the Hiram Grandberry Survey, Abstract No. 581, being a portion of Tracts 2 and 2C and all of Tract 2B from "AG" Agricultural and "C-2" Local Retail Commercial to "SF-20A" Single Family-20A Residential (52) lots. Owner: Marvin E. Kennedy, Delbert E. Lawry, and Conner Lam. Applicant: Steve Gee dba G. Development. Karen Gandy, Zoning Administrator, noted ten (10) notices were sent to property owners within 200' and to date, no replies have been received. On December 17, 1992, the Planning and Zoning Commission approved this item, with a 7-0 vote, subject to the Plan Review Summary dated December 11, 1992. The Second Review Summary dated December 28, 1992, was presented. Brad Myer, Carter and Burgess, was present representing Steve Gee. Mr. Myer stated he has no problems with the Summary Review Letters. Councilmember Wilhelm expressed concerns with the northwest corner of the property and the possible use for the property, adding, he is concerned with having a commercial site that size, in between single family residential tracts. He stated he would oppose any type of "C-2" or "C-3" use on the northwest corner. Motion was made to approve Ordinance No. 480-80, 1st reading, subject to the Summary Review Letter dated December 28, 1992. Motion: Wilhelm Second: Farrier Mayor Fickes read the caption of Ordinance No. 480-80. Ayes: Wilhelm, Farrier, Franks, Emerson, O'Brien, Apple, Fickes Nays: None Approved: 7-0 vote Regular City Council Meeting Minutes January 5, 1993 page four Agenda Item #8-B~ ZA 92-61~ Pre Plat of Lake Crest Addition ZA 92-61 is a Preliminary Plat of Lake Crest Addition, being 37.15 acres situated in the H. Grandberry Survey, Abstract No. 581, being a portion of Tracts 2 and 2C and all of Tract 2B. Owner: Marvin E. Kennedy, Delbert E. Lawry, and Conner Lam. Applicant: Steve Gee dba G. Development. Karen Gandy, Zoning Administrator commented that the same ten (10) notices were sent with no replies. The Planning and Zoning Commission also approved this request on December 17, 1992, subject to the Plat Review Summary dated December 11, 1992. The second Plat Review Summary dated December 28, 1992, has been submitted. Councilmember Rick Wilhelm had questions in regard to the massive drainage easement which runs south to F.M. 1709, and if it affects any portion of the tract in question, particularly the drainage runoff from that. Councilmember Wilhelm asked that the final plat include a waiver or release of liability for inundation on the lots on the south side of the subdivision, due to the flood issues. This is not a requirement, but a request. Mr. Brad Myer, representative of the owners, stated they have no problem with the statement being added on the final plat. Also, they have no problem with Summary Review Letter dated December 28, 1992. Motion was made to approve the Preliminary Addition, subject to the Summary Review Letter 28, 1992. Motion: O'Brien Second: Apple Ayes: O'Brien, Apple, Wilhelm, Emerson, Nays: None Approved: 7-0 vote Plat of Lake Crest #2 dated December Farrier, Franks, Fickes Agenda Item #8-C~ Preliminary Plat of Sandlin Estates ZA 92-62, is a Preliminary Plat for Sandlin Estates, being 14.235 acres situated in the Thomas M. Hood Survey, Abstract No. 706, Tract 9 and the L.B.G. Hall Survey, Abstract No. 686, Tract 2. Zoning is "AG" Agricultural. Owner: Liberty Bank of Fort Worth. Applicant: Mike and Eva Sandlin. Regular City Council Meeting Minutes January 5, 1993 page five Agenda Item #8-C, Continued Karen Gandy, Zoning Administrator noted the property is currently zoned "AG" Agricultural. Mrs. Gandy sent twenty-one(21) notices to property owners within 200' and has received the followed comments: The City has received eight (8) written responses, seven (7) in favor, and one (1) undecided. Harold Annis, Southlake Estates, responded in favor with the stipulations that the property is developed as one single-family lot and that it does not increase storm water runoff. Oak Hill Estates residents Karen and Randy Markum, Jamie and Linday Taylor, James Murphy, Tammy and Ron Brothers, David and Darla Christian, and Howard and Mary Toole responded in favor as long as there was no extension of Chapel Downs Drive west to Shady Oaks Drive. The residents also wanted to be able to modify or change their opinion pending additional information by the applicant and/or the City of Southlake. Responding undecided was Robert Mooney, 581 Shady Oaks Drive, depending upon lot size and future plans for the ponds and wetlands. Also received were letters and a petition from property owners of 26 of the 75 lots in Oak Hill Estates requesting that Chapel Downs Drive West not be extended to Shady Oaks Road. The Planning and Zoning Commission approved the Preliminary Plat on December 17, 1992, with a 7-0 vote, contingent upon the Summary Review Letter dated December 7, 1992. Curtis Hawk, City Manager noted concerns have been expressed by residents of Southlake Estates (Love Henry Court) relating to potential drainage problems, as well as property owners from Oak Hill Estates who want the extension of Chapel Downs Drive to be eliminated from the City's Thoroughfare Plan, expressing safety concerns. Eva Sandlin, 3403 Cambridge Court, Colleyville. Mrs. Sandlin was present as owner of the property, and stated they received the preliminary plat Summary Review Letter dated December 7, 1992, and have no problem with item #1, 2, 3, and, 5. They do have problems with Items #4,6, and, 7. Mrs. Sandlin noted they plan to build their own home on the property, and will locate it on the highest point of the property. Regular City Council Meeting Minutes January 5, 1993 page six Agenda Item %8-C~ Continued Rob Glover, 265 Chapel Downs, Southlake. Mr. Glover spoke on behalf of the children of the subdivision stating they have prepared a petition of their own for Council consideration. Jennifer van den Bosch, 225 W. Chapel Downs Drive; Emma Glover, 265 Chapel Downs Drive; and, Beth Murphy, 660 Truelove Trail, presented a "children" petition to Council. Mr. Glover stated their is currently over sixty (60) children in the subdivision and the subdivision is only fifty percent (50%) built out. Mr. Glover listed concerns as follows: Children's safety; People walking, jogging, biking, with no sidewalks; Entry sidewalks go directly to the street; Topography (sun, limited vision, crest of hill); Minimal street lights; Property value; and, Desire to maintain a rural atmosphere. Glover also reviewed recommendations to their concerns, as follows: End Chapel Downs at the proposed Sandlin Estates; Delete Chapel Down extension from the Thoroughfare Plan at the next update; Ask Council to reconsider having residential property fronting 64' or 60' right-of-way; and, Look for ways to notify buyers about the Thoroughfare Plan and Collectors, up front through some type of disclosure by developer/builder. City Staff, P&Z and Council should spend their time and resources looking at the future of Southlake. Finally, Mr. Glover expressed they are all opposed to any extension of Chapel Downs Blvd. Mayor Fickes stated he met with Mr. Glover a couple weeks ago to talk about alternatives and some of the concerns, and he also talked with Mike Sandlin on the telephone. The Mayor stated he feels we need access to Shady oaks Drive, from N. White Chapel Blvd. He is not in favor of any type structure being built in what may be the access. He does not feel we need to have the property dedicated. Councilmember Emerson stated he does not see the street going through in the near future, however, looking down the road to the next ten to fifteen years acquiring the right of way would become very expensive. He does have concerns. City Engineer, Eddie Cheatham stated in regard to the Thoroughfare Plan, they did not try to dictate where the collectors would be, however, they would be needed on a 1/2 mile increment, but they did not try to put them on the map. They left the map flexible. Councilmember Farrier stated it was determined at the time the Thoroughfare Plan was adopted, roads would be set on 1/2 mile grid. Regular City Council Meeting Minutes January 5, 1993 page seven Agenda Item #8-C, Continued Councilmember Wilhelm stated he thinks what Council must do is balance the current desires of the citizens and the future desires of the long range of the city. To require the dedication of a significant amount of land on the assumption that the city may need it in fifteen to twenty years, to save the city money, is costing somebody money. He feels we must try and be fair in the situation. He also feels we need to look into the future with the tools we now have. Wilhelm suggested we "reserve" the land, but not take the land, allowing the owners use of the area. He opposes a dedication of the land, and is in favor of a "reserving" the land for protection. Mayor Fickes suggested in the future we may have a fire station on the west side of the town. Councilmember Emerson stated the time to plan is when City Council is considering plats. Councilmember Jon Michael Franks stated he feels Highland is a viable alternative. Councilmember Farrier stated had council determined the road would not be built in this configuration, the developer on the opposite end would have not gone through a significant expense. The radius cul-de-sac was put in on two occasions to satisfy the requirements. He added, if this satisfies the Fire Department, his point is mute. Eva Sandlin stated they talked with the Fire Marshal and he did not have a problem with this, as they could build a cul-de-sac in front of their home and this was not a problem. Mr. O'Brien stated "dedicating" or "reserving" is still setting the property aside. City Attorney, Wayne Olson stated "reserving" is putting the property owner on notice that in the future, the city may want the road to go through. This is a logical way to handle the situation if that is what the City Council needs to do. By "dedicating" the property would be a taking of the property, however, the dedication can be released at some point. Councilmember Wilhelm stated the reason for a "reservation" is to protect the city's right and to put on notice for future use. Conner Lam, 1280 Post Oak Trail, $outhlake. Mr. Lam asked Council to look at this from the perspective of the person who owns this property. If City Council puts anything on the plat in regard to his plat, it is not justified. He feels City Council cannot tell the property owners where they can build their house. Regular City Council Meeting Minutes January 5, 1993 page eight Agenda Item #8-C~ Continued Mayor Fickes stated Mr. Sandlin told him he is a developer, and plans to live in Southlake for a long time, however, at some point, he sees this property as being a residential development with large lots. Councilmember Franks clarified the only difference in doing nothing, is the possible costs of condemnation. Motion was made to approve ZA 92-62, subject to the 12-18-92, Review Summary, eliminating #4, #6, and #7 requirements. Motion: Franks Motion died for lack of a second motion. Plat Motion was made to approve ZA 92-62, Preliminary Plat of Sandlin Estates, "reserving" for city use, a 50' right-of-way along the center line from Chapel Downs through the approximate center line of the access Panhandle, with 35' setback required on both the north and south side of the reserved right-of-way. Motion: Wilhelm Second: Apple Motion: Withdrawn Motion was made to approve ZA 92-62, preliminary plat for Sandlin Estates, subject to the #2 Summary Review Letter dated December 28, 1992, except for items #4, #6, & #7, and subject to a "reservation" for the benefit of City of $outhlake of a 50' right-of-way line west, along the centerline of Chapel Downs west for a distance of 450' to the west, with setback lines of 40' to the north and south of the reservation. Motion: Wilhelm Second: Emerson Ayes: Wilhelm, Emerson, O'Brien, Apple, Fickes Nays: Franks, Farrier Approved: 5-2 vote Aqenda Item #8-D~ ZA 92-63~ Final Plat for Sandlin Estates ZA 92-63 is a Final Plat for Sandlin Estates, being 14.235 acres situated in the Thomas M. Hood Survey, Abstract No. 706, Tract 9 and the L.B.G. Hall Survey, Abstract No. 686 Tract 2. Owner: Liberty Bank of Fort Worth. Applicant: Mike and Eva Sandlin. Karen Gandy, Zoning Administrator, noted twenty-one (21) responses have been received. On December 17, 1992, the Planning and Zoning Commission recommended approval of the Final Plat subject to the Plat Review Summary dated December 11, 1992, deleting the the final three (3) comments. Regular City Council Meeting Minutes January 5, 1993 page 8 Aqenda Item 8-DI Continued 14. Provide a 60' R.O.W. dedication for the extension of Chapel Downs Drive to Shady Oaks Road in accordance with the thoroughfare plan. Also provide setback lines in accordance with the desired zoning. 15. Label the lot north of the Chapel Downs Drive extension as Lot 1, Block 1, and the lot south as Lot 1, Block 2. 16. Provide a drainage and utility easement from the future low point on Chapel Downs Drive to the south property line between Lots 3 and 4 of Southlake Estates. The second Plat Review Summary dated December 28, 1992 presented to Council. was Regular City Council Meeting Minutes January,g<, 1993 page nine Agenda Item #8-D~ Continued Motion was made to approve ZA 92-63, Final Plat for Sandlin Estates, subject to the #2 Summary Review Letter dated December 28, 1992, except for items #7, #8, & #9, and subject to a right-of-way "reservation" for the benefit of City of Southlake of a 50' right-of-way from the centerline of Chapel Downs for a distance of 450', with setback lines of 40' to the north and south of the 450' reservation. Motion: Wilhelm Second: Emerson Ayes: Wilhelm, Emerson, O'Brien, Apple, Fickes Nays: Franks, Farrier Approved: 5-2 vote Council adjourned for recess at 9:30 p.m. Council returned at 9:45 p.m. Agenda Item #8-E~ ZA 92-64~Concept Plan for Justin's Grocery ZA 92-64, is a Concept Plan for Justin's Grocery Store, being 0.73 acres situated in the J.G. Allen Survey, Abstract No. 18, Tract 4A13 and being more commonly known as 3280 West $outhlake Blvd. Zoning is "C-2" Local Retail Commercial. Owner: Josh Davis. Karen Gandy, Zoning Administrator, noted five (5) notices were sent to property owners within 200' and to date no responses have been received. On December 17, 1992, the Planning and Zoning Commission recommended approval of this item, subject to the Plan Review Summary dated December 10, 1992, amending comment No. 4 and adding one comment as follows: 4. Label bufferyards as: 10' Bufferyard "E' along F.M. 1709, 10' Bufferyard 'B' along the east, 10' Bufferyard 'Fi' along south, and 10' Bufferyard 'A' along Pearson Lane. All required Bufferyard plantings should be placed on the site and not within the R.O.W." P&Z Recommendation: Delete the 10' Bufferyard along F.M. 1709, change the Bufferyard along the east to a 5' Bufferyard 'A' from the parking lot south to the property corner, provide a 10' Bufferyard 'Fl' along the south from the parking lot east to the property corner, and delete the 10' Bufferyard along Pearson Lane. P&Z Recommendation: (Add item to 12/10/92 review letter:) "10. Reduce the drive width from 40' to 35' for the two drives at the corner of F.M. 1709 and Pearson Lane. Josh Davis, owner of the property, was present to answer questions for Council. Mr. Davis indicated he had no problems with the suggested changes, or the second review letter dated December 28, 1992. Regular City Council Meeting Minutes January 5, 1993 page ten Agenda Item #8-E~ Continued Motion was made to approve the Concept Plan for Justin's Grocery, with respect to item #2, shown on the concept plan; grant the variance to waive Bufferyard requirement along FM 1709; grant the Bufferyard variance on Pearson Lane; grant an additional variance of Bufferyard along parking space #9 with Bufferyard "A" from parking area south; parking area F1 along southern boundary line from right-of-way to easterly boundary; grant variance of overhead sign #3, subject to the second concept plan review summary letter dated 12/28/92. Motion: Wilhelm Second: Franks Ayes: Wilhelm, Franks, Farrier, Emerson, O'Brlen, Apple, Fickes Nays: None Approved: 7-0 vote Councilmember Emerson stepped down for item #8-F, as Texas National Bank has a loan request on this and he will be the servicing loan officer. item Agenda Item #8-F! Final Plat of Myers Meadow~ Phase One~ ZA 92-65 The Final Plat of Myers Meadow, Phase One, being 55.223 acres situated in the B.J. Foster Survey, Abstract No. 519 and the W.R. Eaves Survey, Abstract No. 500. Zoning: "P.U.D." Residential Planned Unit Development. Eighty-nine (89) proposed lots. Owners: The Estate of Audrey L. Stone, deceased, Kippy Lee Myers, Independent Executor; The Estate of A.C. Stone, deceased, Mary Stone Myers, Independent Executrix; Don Myers, Kippy Myers and Mary Stone Myers, Trustees. Karen Gand¥, Zoning Administrator, noted no additional notices were required to be sent. On December 17, 1992, the Planning and Zoning Commission recommended approval with a 7-0 vote, subject to the Plat Review Summary dated December 11, 1992. The Second Plat Review Summary dated December 28, 1992 was presented. A discussion was held in regard to drainage the cul-de-sac into the current vacant lot is going to be. from the lot abutting where the drainage flume Dr. Pollard, property owner to the north, presented a letter he received from Albert H. Halff Associates, Inc, engineers, which is hereby attached to the minutes of this meeting. Robert Marshall with Goodwin and Marshall was present on behalf of Regular City Council Meeting Agenda January j~9~, 1993 page eleven Agenda Item #8-F~ Continued Mr. Michael Moya, of Albert Halff Assoicates, was present, on behalf of Dr. Pollard, to answer questions and present possible solutions to the drainage concerns. Motion was made to approve the Final Plat of Myers Meadow, One, subject to the Summary Review Letter dated December 28, Motion: O'Brien Second: Wilhelm Ayes: O'Brien, Wilhelm, Farrier, Franks, Apple, Fickes Nays: None Approved: 6-0 vote Phase 1992. Councilmember Barry Emerson returned to Council table. Aqenda Item 98-G~ ZA 92-66, Final Plat of SouthRidge Lakes~ Phas~ VI ZA 92-66, Final Plat of SouthRidge Lakes, Phase VI, being 31.064 acres situated in the T.M. Hood Survey, Abstract No. 706, and the A.A. Freeman Survey, Abstract No. 522. Owner: Arvida/JMB Partners, L.P. II. Fifty-three (53) lots proposed. Zoning Administrator, Karen Gandy, stated that no additional notices were required to be sent. On December 17, 1992, the Planning and Zoning Commission recommended approval with a 7-0 vote, subject to the Plat Review Summary dated December 11, 1992, amending comment No. 6 as follows: Item per 12/10/92 review letter: "6. The following corner lots should have setback line on both streets equal to the front setback line of 35': Lot 51, Block 4; Lot 97, Block 3; Lot 63, Block 2, and Lot 120, Block 1." The P&Z Recommendation "6. The setback at the northeast property line of Lot 63, Block 2, should be 30 '" The second Plat Review Summary dated December 28, 1992 is included in the packets. Councilmember Wilhelm wanted the minutes to reflect that the Developers of Arvida/JMB have paid the $100,000 to the City, as previously agreed upon. Regular City Council Meeting Minutes January 5, 1993 page twelve Aqenda Item #8-G~ Continued Motion was made to approve ZA 92-66, Final Plat of $outhRidge Lakes, Phase VI, subject to the December 28, 1992, summary review letter, amending item #2 to a 30' set back. Motion: Apple Second: O'Brien Ayes: Apple, O'Brien, Franks, Farrier, Emerson, Wilhelm, Nays: None Approved: 7-0 vote Fickes Aqenda Item #8-H~ Developer's Aqreement for SouthRidge Lakes~ Phase VI Curtis Hawk, City Manager, commented the developer has requested 50% credit for Park Dedication. The perimeter street requirement for the entire subdivision is addressed in the Phase IV developer's agreement. Motion was made to approve the Developer's Agreement for SouthRidge Lakes, Phase VI. Motion: Emerson Second: Wilhelm Ayes: Emerson, Wilhelm, Franks, Farrier, O'Brien, Apple, Fickes Nays: None Approved: 7-0 vote Aqenda Item #8-I~ Ordinance No. 572~ 1st readinq 1991 UFC Ordinance No. 572, 1st reading, adoption of the 1991 Edition of the Uniform Fire Code, including local amendments; and amending Ordinance No. 559, to include local amendments to the 1991 Edition of the Uniform Building Code. The City Manager, Curtis Hawk stated the ordinance also has local amendments to the Uniform Fire Code, plus an amendment to the 1991 Uniform Building Code adopted by the City that will provide the same wood shingle roof requirements for both codes. Hawk noted that Councilmembers O'Brien, and Wilhelm, met with City staff to go over the changes/local amendments. Deputy Director of Public Safety, Jerry Williams recapped Ordinance No. 572, as outlined in the memorandum presented in the packet and attached to the minutes. Regular City Council Meeting Minutes January 5, 1993 page thirteen Agenda Item #8-I~ Continued Jerry Williams stated the two big changes in the ordinance are the 6,000 square foot requirement for sprinkler systems, and wood shingle roofs. Councilmember Rick Wilhelm commented on the economic impact the requirement for sprinkler systems, this ordinance may have. He stated he shared this with the SEDC and the general feeling was the City of Southlake is trying to become a city of excellence, a city that goes beyond the norm. This is one additional item to go in Southlake's portfolio, which will say we are a safe city. Larry Cole, Greenlee Court, Colleyville. Mr. Cole, developer of Monticello Estates in Southlake, stated he has concerns for safety and economics in the market place, and wood shingle roof will cost an additional amount, which is a definite cost consideration in a very price competitive market. Tom Seeley, Cedar Shake and Shingle Bureau, Arlington, Texas. Mr. Seeley stated he does not know any other city in our area who required this type roof. The #1 shingle Class C refers to a grade of wood. Fred Joyce stated he has experience with plywood with wood shingles, and it only lasted six (6) to seven (7) years. Councilmember Wilhelm asked for more information on the life expectancy of the roof. Jerry Williams stated the life expectancy depends on many factors. He suggested the key issue is safety-- with side yard distances. Councllmember O'Brien stated he has concerns with sprinklers with the square footage dropping below 10,000 square feet. It was noted square footage is related with the City's ability to fight a fire. Motion in February. Motion: Emerson Second: Apple Ayes: Emerson, Apple, Franks, Nays: None Approved: 7-0 vote (to table) was made to table Ordinance No. 572, until Farrier, O'Brien, the first meeting Wilhelm, Fickes Regular City Council Meeting Minutes January 5, 1993 page fourteen Agenda Item #9-A~ Resolution No. 93-02~ Appointments to Parks Resolution No. 93-02 was approved naming Janet Murphy, Rod Johnson, Vicki Johnson, and Donn Renwick to additional three (3) year terms. Motion: Emerson Second: Apple Ayes: Emerson, Apple, Wilhelm, Franks, Farrier, Fickes Nays: None Abstention: O'Brien Approved: 6-0-1 Aqenda Item #9-B, Resolution No. 93-03, Concerninq DFW Airport The City Manager, Curtis Hawk stated Resolution No. 93-03, is a resolution concerning the DFW Airport initiative to amend the Texas Municipal Airport Act. Hawk further noted the correspondence in the packets from DFW, including a proposed resolution in support of the initiative. Also included is a copy of the resolution from the Fort Worth Chamber of Commerce supporting the DFW Airport initiative. City Staff has developed a resolution for consideration which will express concerns about preserving the sovereignty currently afforded local home-rule governments by the State Constitution and legislative action. The resolution from staff opposes the use of legislative initiative to diminish local home rule. Councilmember Wilhelm applauded DFW for bringing this Resolution to the City whether accepted or not, to Council's attention, rather than taking it to a legislator and having a special bill passed. Motion was made to Staff of the City of Southlake, opposing initiative to diminish local home rule. by DFW Airport was not approved. Motion: Wilhelm Second: Apple Ayes: Wilhelm, Apple, O'Brien, Farrier, Nays: Franks Approved: 6-1 vote approve Resolution No. 93-03, as presented by the use of legislative The Resolution presented Emerson, Fickes Mayor Fickes stated he was contacted by Mayor Souder of Hurst, who had been contacted by the Mayor of Fort Worth, asking for a Special Mayor's Council Meeting to consider the Airports resolution. Fickes in turn agreed to have the meeting, for informational purposes only. Councilmember Wilhelm stated as passed by the City, it is an issue of home rule authority. A letter from Robert Castleberry, a citizen of Southlake who wished to state his opposition to the City Council approving the resolution as prepared by DFW. Regular City Council Meeting Minutes January 5, 1993 page fifteen Aqenda Item #9-C~ Resolution No. 93-04~ Appointment to CONET Resolution No. 93-04, was approved continuing with Stephen Apple and the Director of Public Works, as representatives of Southlake for CONET. Motion: Emerson Second: Farrier Ayes: Emerson, Farrier, Franks, O'Brien, Apple, Wilhelm, Fickes Nays: None Approved: 7-0 vote Aqenda Item #10-A~ Southlake Hills~ Developers Agreement/Amendment The request for amendment to Southlake Hills, Developers Agreement was presented by Mike Barnes, Director of Public Works. The purpose of this amendment is to accurately reflect changes made in the original agreement which was signed on August 7, 1990, with a one year extension signed on May 5, 1992. Sewer infrastructure changes were made over the past two (2) years, with only the offsite sewer serviceability being changed in this agreement, the rest of the items have not changed. Councilmember Barry Emerson commented until the city gets a policy pertaining to Letters of Credit, the agreements should read," acceptable to the city". Mayor Fickes commented in regard to bonding companies, that bonds should be approved by a "treasury listed bonding company", or "best rated bonding companies". Motion was made to approve the amended Developers Agreement for Southlake Hills, with the change to page one, paragraph C, in regard to adding the statement, "Letters of Credit acceptable to the City". Motion: Emerson Second: Farrier Ayes: Emerson, Farrier, Franks, O'Brien, Apple, Wilhelm, Fickes Nays: None Approved: 7-0 vote Agenda Item #10-B, Timarron, Phase II~ Developers Agreement The Developers Agreement for Phase II, Timarron, was presented by Director of Public Works, Mike Barnes. Mr. Barnes stated the agreement is the standard agreement for a residential subdivision with the following exceptions: Regular City Council Meeting Minutes January 5, 1993 page sixteen Agenda Item #10-B~ Continued 1. In Phase I, Timarron was granted a reduction of inspection fees from 3% to 1.5% because they provided a full time construction inspector, which reduced the City's inspection time in half. In Phase II, Timarron again agreed to provide a full time construction inspector and has requested the inspection fee be set a 1.5% instead of 3%. Timarron is requesting a 50% credit in the Park Fee amount due to the amenities that they have installed. Their total Park Fee for Phase II with the 50% credit would be $21,000. Timarron is requesting that the Perimeter Road Fee be waived due to the road improvements that they have constructed on White Chapel and Continental Blvd. Motion was made to approve the Developers Agreement for Timarron, Phase II. Motion: Apple Second: O'Brien Ayes: Apple, O'Brien, Franks, Farrier, Emerson, Wilhelm, Fickes Nays: None Approved: 7-0 vote Agenda Item #10-C~ Permission to amend FY 92-93 Budget to Add Clerical Staff to Community Development Department The City Manager, Curtis Hawk stated this item is a request to add an additional clerical staff member, a secretary to the Community Development. When the budget was formulated last summer and fall, we had anticipated that we could continue to handle the activity with current staff. Given the increased level of activity, however, we are in danger of backlogging our necessary day-to-day flow of work. The increased cost will be offset by the additional revenue from higher-than-anticipated-activity. Motion was made to approve the position and amend the FY 92-93 budget. Motion: Franks Second: Emerson Ayes: Franks, Emerson, Farrier, O'Brien, Apple, Wilhelm, Fickes Nays: None Approved: 7-0 vote Regular City Council Meeting Minutes January 5, 1993 page seventeen Aqenda Item #10-D~ Request for Variance to Siqn Ordinance: Food Lion Eddie Wilson, Code Enforcement Officer, was present to present this request for variance to the Sign Ordinance No. 506, for two reasons: 1) The variance for the freestanding sign is a request to allow an additional four feet (4') in height. By ordinance, the maximum height from grade is currently twenty feet (20'). 2) The variance for the attached sign is a request to allow an additional two hundred seventeen square feet (217) of signage. By ordinance, one hundred square feet (100') is the maximum allowed for attached signs. Motion was made to table this request as a representative present for the meeting. Motion: Franks Second: Apple Ayes: Franks, Apple, O'Brien, Wilhelm, Fickes Nays: Farrier Abstention: Wilhelm Approved: 5-1-1 (to table) was not Aqenda Item #12, Adjournment The meeting was adjourned at ..-:k ..' ATTEST: City Secretary 12:15 a.m. by Mayor Fickes. r r...LU V r ,, 1/4..., .. . 'i V i 7.1"3 ( --- -4 d Iri . < „ Nssi . ? i 0 � i - = Z 0 s' X60 � _ ' bo 0 m ci trt 3 ° 1 6 H , q . „ _ (2.) , t ,,, 0) _a . 3 = V ai v 4 , . c6 ,..9 mil T i d i n a 4i . 7 w pp J Z V 0 .._ 2, ..) ei__ E ..,, fio ilill 'I) i (:) „ i , „ 0 c c) ; C . liok. , , • : . City of Southlake, Texas r , M E M O R A N D U M January 4, 1993 TO: HONORABLE MAYOR FICKES AND COUNCILMEMBERS FROM: Councilmember Mike O'Brien SUBJECT: ABSENCE FROM CITY COUNCIL MEETINGS I plan to be absent from three (3) consecutive City Council meetings and ask Council to take action to excuse my absences. I will be traveling to Hawaii and will miss Council meetings to be held on January, 19, 1993, February 2, 1993, and February 16, 1993. 1 Thank you in advance for your consideration in this matter. Mi -.el J. • =rien 17,00 Councilmember Place 5 /sl E THE STATE OF TEXAS COUNTY OF rn2 I, ' w.g � 11'i as a member of the (/'( C hi make this affidavit and hereby on oath state t following: I, and /or a person or persons related to me, have a substantial interest in a business entity that would be peculiarly affected by a vote or decision of the as those terms are defined in Chapter 171, Texas Local Government Code. V The business entit y is /V,� -f i 40y � j,p t � c. zo � (nam a a ddress � I have a substantial interest in this business entity for the following reasons: (Check all which are applicable) Ownership of 10% or more o f the voting stock or / shares of the business en L/ Ownership of 10% or more or $5,000 or more of the fair market value of the business entity. Funds received from the business entity exceed 10% of gross income for the previous year. Real property is involved and have an equitable or legal ownership with a fair market value of at least $2,500. A relative of mine has a substantial interest in the business entity or property that would be affected by a decision of the public body of which I am a member. Upon filing of this affidavit with the City Secretary, I affirm that I will abstain from voting on an •- cision involving this business entity and from any further p. •ation on this matter whatsoever. Signed this Lc day of / , 199 . r� EN* 7v lv , �/'64-L` PA-k � $ . S F4In of official I1 (ilZS IMF - I' ►� l. r.ez /21t`7t, L 1i✓ 74- Tit e (ocw.. DFF(CC7 — ,r BEFORE , the u ersigned authority, this day personally appeared ri �, and on oath stated that the facts herei bove stated are true to the best of knowledge or belief. Sw n to and subscribed to ore me on this c- day of 44. ,! 1 9 /I "sir SANDRA L. LeGRAND. otary Public in and or • Notary Public the State of Texas �, t STATE OF TEXAS / My Comm Ex • • rem My Comm. Exp. 02104!93 & t h , ,,e 6iAir . J y San Y l 9 J Type /Print Notary's Name 1 1 E c „.., c t r THE STATE OF TEXAS * COUNTY OF //4/2 retr 4,b I, A ( O C Lfm as a member of the Cd u�c.u.J make this affid. t and hereby on oath state the following: I, and /or a pers, or persons related to me, have anstutrs interest in : business entity that would be peculiarly affected by a vote or decision of the ail Lirw4A.4.1.8 .a-s-- ..e -rm - e ne• - - - - = - The business entity is Ciw 5 ds -1.4a.1-0 L ( ''CSL ", (name and address) I have a substantial 'nterest in this business entity for the following reasons: (Che• all which are ap. icable) 1 Ownership o' 10% or more the voting stock or shares of the business - tity. Ownership of 1(Y or .re or $5,000 or more of the fair market valu; o' the business entity. caos Funds received ff.q the business entity exceed 10% of gross incom- for the previous year. Real proper - is invo.ved and have an e %uitable or legal ownership with a fair market v..ue of at leas $2,500. A rela ive of mine has a bstantial interest in the busi -ss entity or proper. that would be affected by . decision of the publ.c body of which I am a m- •er. Upon filing of this affidavit with the City Secretary, I affirm that I will abstain from voting on any decision involving this business entity and from any further participation on this matter °' whatsoever. p Signed this 5 day of , 19 !3 . C . 1.4 ro AAA, err2 4 e � j � I a �� + Signature of official T �AJii 1 l 0-0 5 dzNx Cvi wt V6 / opr Pry -14:14 C°4)/2-44:641-444141-4 ' ' Title tM `i't_2 Foca LLD' in 0 rersf. Pum BEFO'E E, the un authority, this day personally appeared ,,, / A) AJ /d q and on oath stated that the facts ereinabove stated are true to the best of knowledge or belief. Sw• to and subscribed to fore me on this day of ,( , 19 j • I )faiatel) < 'SANDRA 1. LeGRAND N•tary Public in and for q r�:at Public STATE GAF TEXAS :the State of Texas 1 ' My Comm. Exp. f� 02/04/93 l . ) ' Cr � My Commission Expir= • v' Gi.hdf'ct. h ( Type /Print Notary's Name in ito ein POM 110 • 01 -04 -1993 03 :58PM FROM A.H.HALFF TO 3540854 P.02 111■ ALBERT H. HALFF ASSOCIATES, INC. L ie , ��� ENGINEERS • SCIENTISTS • SURVEYORS ■■. FORT WORTH • DALLAS • ARLINGTON • CHICAGO 4000 FOSSIL CREEK BOULEVARD • FT. WORTH, TEXAS 76137 817/847 -1422 • METRO 8171429.9975 • FAX 8171232 -9784 Dr. Robert Pollard January 4, 1992 350 Westpark Way, Suite 205 AVO 12734 Euless, Texas 76040 Re: Review of Drainage Features near Meyers Meadow Development Dear Dr. Pollard: In response to our conversation on December 23, 1992 and our written agreement, Halff Associates is providing you with this brief letter report for the above referenced project. 1. DATA COLLECTION A. Haiti Associates met with Dr. Robert Pollard at the project site on November 23, 1992. This meeting included a visual inspection of existing drainage features at the Pollard property and a discussion of the potential impacts of the proposed Meyers Meadow Development. B. Halff Associates met with Greg Last, the City of Southlake Community Development Director, on December 21, 1992 to obtain available information pertaining to the project including a preliminary drainage and utility layout. Preliminary construction plans will likely be available in early January. It. RESULTS OF HALFF'S PHASE 1 REVIEW A cursory review of the proposed drainage features of the Meyers Meadow Development, prepared by Goodwin & Marshall Inc -, indicate a zero or minimal increase in 100 -year peak discharge draining directly to the Pollard property. According to Goodwin & Marshall's preliminary plan, approximately 15 acres presently drain to the Pollard property from the south and from the west. Goodwin & Marshall's estimated a 100 -year peak discharge of about 44 cfs for this undeveloped 15 acre site, based on standard engineering practice using the Rational Formula (Q =CIA). Note, this 44 cfs is based on a runoff coefficient ( "C ") of 0.35. A runoff coefficient of 0 -30 (standard for open space, City of Fort Worth Storm Drainage Criteria) would produce a 100 -year peak discharge of about 38 cfs. Preliminary drainage plans for the Meyers Meadow development indicate that about 8.2 acres will drain to the Pollard Property (note, 6.8 acres will be diverted to the west). Goodwin & Marshall's estimated a future 100 -year peak discharge of about 39 cfs for this 8.2 acres. Goodwin & Marshall's preliminary drainage plan for the Meyers Meadow Development indicates that storm runoff from approximately 5.1 acres will be collected in a 36 -inch storm drain pipe and outfall to an existing 30-ft. drainage easement located within the Pollard tract. Note, the natural drainage from this 5.1 acres consists of diffused surface water. In addition, a well defined watercourse is not clearly visible at the existing easement under existing development conditions. (see attached photograph). Proposed flows concentrated to a single location will most likely erode a defined channel downstream unless provisions are made. Section 11.086 of the Texas Water Poi TRANSPORTATION • WATER RF$OURCES • LAND DEVELOPMENT • MUNICIPAL • ENVIRONMENTAL • STRUCTURAL SUP. • GLOBAL POS!TtONING SYSTEM (G P I • fPEMOTE SENSING AND MAPPING LANDSCAPE ARCHIT • FCTURE • PL/.NNIN3 01 -04 -1993 03:59PM FROM A.H.HALFF TO 3540854 P.03 C.: Min ALBERT H. HALFF ASSOCIATES INC. RIM min ENGINEERS • SCIENTISTS • SURVEYORS Code pertaining to diffused surface waters is summarized as follows: 1. As between the owners of higher and lower ground, the upper proprietor has the right to have diffused surface waters flow naturally from his land onto the land of the lower proprietor. The lower land is subject to corresponding servitude.. . 2. The foregoing rule does not apply to unnatural flow, that is, flow which has been artificially changed by the hand of man so as to accelerate or concentrate it in particular places_ In addition to the concentration of storm runoff to a single location, storm water form the Meyers Meadow Development will most likely increase the amount of sediment, and other debris or pollutants to the downstream pond located at the Pollard property. Note, Pollard intends to stock this pond with fish for personal use. ■ III. POSSIBLE SOLUTIONS A. Upstream developer provide provisions to divert concentrated storm water flows around the Pollard tract to an existing downstream channel. Note, this diversion would flow against the natural grade of the land along the southern Pollard property line. B. Upstream developer could possibly divert storm water flows to proposed Elm Road storm drainage system. This would require additional storm drain pipe and an upgrade (enlargement) of the proposed 24 inch storm drain along Elm Road. C. Upstream developer provide a detention/sedimentation pond and energy dissipator at the outran of the proposed storm drain to the Pollard tract. This energy dissipator should be designed in such a manner to maintain storm water velocities to near existing levels before entering the Pollard tract. Sincerely, ALBERT H. HALFF ASSOCIATES, INC. OCR .a Michael A. Moya, P.E. City of Southlake, Texas r M E M O R A N D U M Cturol January 4, 1993 TO: HONORABLE MAYOR FICKES AND COUNCILMEMBERS FROM: Councilmember Mike O'Brien SUBJECT: ABSENCE FROM CITY COUNCIL MEETINGS I lan to be absent from three (3) consecutive ( ) ive City Council meetings and ask Council to take action to excuse my absences. I will be traveling to Hawaii and will miss Council meetings to be held on January, 19, 1993, February 2, 1993, and February 16, 1993. Thank you in advance for your consideration in this matter. Mi - --1 J. • rien Councilmember Place 5 /sl 1 c TO: SOUTHLAKE CITY COUNCIL FROM DAYLE BINDER r , SHOWTIME FARMS DATE: JANUARY 19, 1993 RE: CASE NO ZA92 -70 It is with great sincerity that we at Showtime Farms come before the Southlake City Council to explain, in detail, the proposal for our farm. There are numerous misconceptions regarding the plan, design, use and maintenance of the property, and we would like to address those concerns herein and encourage inquiry from the members of the City Council. First, let me describe Showtime Farms to you. It is a private farm where our clients board horses to be trained and ridden by Paul Haunert, the ultimate goal of which is to show these animals at I AHSA rated hunter /jumper shows in this area and around the country. Our clients are a select group of serious enthusiasts who choose the intimate, hands -on approach of a small training environment to pursue their goals of equestrian excellence. Some horses are owned and ridden by our customers who, under Paul's tutelage, compete at rated hunter /jumper shows. Other horses are purchased as investments and their care, training, and show careers are entrusted exclusively to Paul. I Having summarized the activity of Showtime, let me address some of the expressed concerns. SANITATION - In the interest of the horses, the stalls are cleaned twice, sometimes three times daily. Removal of the manure has been scheduled, on a regular basis, with an organic soil 1 company so as to preclude odor and unsightly build -up. FLIES - An automatic fly spray system will be installed in the interior of the barn. This system I mists a very small amount of an organic fly spray compound into each stall periodically throughout the day. This will eliminate any problem with flies and should alleviate any concerns regarding the environment. C.: BUILDINGS - The main building will be located approximately 300' from the road (well over a city block), and will have a beautiful, traditional brick facade enhanced with landscaping. The light and airy design of the building will include 25 spacious stalls (in compliance with the city ordinance limiting the number of horses), and immaculate aisleway, grooming and storage 1 areas. The covered arena is an open -air building, the lights of which are recessed into the roof. There will be no exterior lights installed on this building. 1 LIGHTS/NOISE/TRAFFIC - We operate, basically, during normal business hours; consequently, there will be no lights on in the arena after 9:00 p.m., easily complying with the ruling of the Planning and Zoning Commission. Training and lessons are provided on an individual basis and only to our limited client base. There is no "noise" which would be noticeable to the surrounding community. There will be no microphones on the grounds. This is a private, exclusive facility. There will be no rentals. Since our clients rely upon us to arrange for transportation of their horses, a commercial shipper will occasionally (an average of once-every two months), come to the farm to pick up or deliver horses either going to or coming from some location, usually a horse show. The size of these vehicles averages no larger than a school bus and is usually in the form of a duel - wheeled pick- up truck with a gooseneck trailer. In conclusion, it is our sincerest wish to make Southlake our home and to make our farm an enhancement to the surrounding community. This farm is an expensive undertaking and since the horses would be the most immediate occupants, the barn and facilities must come first. We r 4..., have no intentions of purchasing additional large blocks of land; our future plans include the building of our home on the property. We want to be become an active, contributing member of the Southlake community and wish to comply with City Council and local residents in any way possible in order to make this a reality. t+ ~ V t. �� � (' � y C • ' \, � r (,{ Dallars: /: Fort North c , k t 1 International Airport �; ,,, , , s� ;, , � 4 t IL "ter t f "" ww; s `l Executive Director :N Q DEC December 2, 1992 OFFICE OF CITY S ECR.ETAR y : The Honorable Gary Fickes COPY City of Southlake l j � 667 North Carroll Avenue . Southlake, Texas 76092 Dear Mayor Fickes: • The Dallas/Fort Worth International Airport Board has announced a legislative initiative to amend the Texas Municipal Airports Act to reaffirm, with unmistakable clarity, the exclusive authority of the Cities of Dallas and Fort Worth, through the Airport Board, to determine land use within the Airport's boundaries. In spite of the broad authority granted the Airport Board under the Texas Municipal Airports C Act, the Cities of Euless, Grapevine, and Irving challenged the Airport Board's authority to control land development within its own boundaries by enacting zoning ordinances purporting to control the development of Airport property. In October 1991, a state District Judge ruled that the Texas Municipal Airports Act does not, with "unmistakable clarity ", empower the Airport Board to zone its own property. Therefore, the Judge ruled that the Airport is subject to the zoning ordinances of Euless, Grapevine and Irving. C 0 The Dallas/Fort Worth International Airport Board does not believe the intent of the Municipal Airports Act was to divide Dallas/Fort Worth International Airport into several parcels, subject to the divergent control of Euless, Grapevine, and Irving, but rather to grant the Airport Board exclusive authority to regulate land use and control development of airport property. Under divergent control, both Grapevine and Euless have zoning ordinances that make those portions of Dallas/Fort Worth International Airport within their city boundaries subject to closure in 1994 as a non - conforming land use. Similarly, Irving restricts the Airport Board to its original 1967 plan and requires the city council's permission to vary from this plan. It is imperative that the Texas Municipal Airports Act be amended to ensure its original intent. The Dallas /Fort Worth International Airport Board must have the authority to operate, develop and expand the Airport to ensure the safety of the travelling public, to maintain its competitiveness in the market, to meet the projected needs of the travelling air public, to ensure the creation of 31,000 jobs and a $30 billion stimulus to the economy over the next twenty years, to increase the capacity of the national air transportation system by fifteen percent, to reduce delay costs which impact the airlines and the travelling public, and to prevent developmental gridlock by being subject to the control of numerous independent non - proprietor cities. Despite what you may hear, this is not an initiative against Home Rule authority. To the contrary, the E proposed legislation relates only to Dallas /Fort Worth International Airport and who has the ultimate control over the Airport's property. The Dallas /Tort Worth International Airport Board only seeks to amend the 1947 Texas Municipal Airports Act to make it "unmistakably clear" that the Airport Board has r the ultimate authority to control its own properly, as originally intended in the act, and that such authority has not been given to the three non - proprietor cities. W III 9/6-- / - -- A dministrative Offices - East Airfield Drive 214/574 -8888 PO. Drawer DFW, Dallas /Fort Worth Airport . Texas 75261 • The Honorable Gary Fickes December 3, 1992 Page 2 We have enclosed some additional information which explains in more detail the situation at hand. We are respectfully asking for your support and would greatly appreciate receiving a Resolution of Support from your City Council. For your convenience, we have enclosed an example which may be used in drafting your own resolution. If you have any questions or if you would desire a detailed briefing for you or your council on this issue, please contact me at your earliest convenience. Once your council has considered this matter and hopefully adopted a Resolution in support of Dallas/Fort Worth International Airport, then I would appreciate you forwarding your city's resolution to my attention, with a copy to your elected state legislators. Given the urgency of this matter, your prompt attention would be truly appreciated. Sincerely, 1 aol4441/ Le7:°/' Vernell Sturns Executive Director A c Dallas :l; Fort Worth r, International Airport REQUEST FOR LEGISLATIVE RELIEF Vernell Sturns Executive Director DFW ISSUE STATEMENT The Dallas /Fort Worth I nternational Airport Board has announced a legislative initiative to amend the Texas Municipal Airports Act to reaffirm with unmistakable clarity the exclusive authority of the Airport Board to determine land use within the Airport's boundaries. The joint Dallas /Fort Worth Airport Board was given the authority under the Municipal Airports P Po Act to, "...plan, acquire, establish, develop, construct, enlarge, improve, maintain, equip, operate, regulate, protect and police..." land within its boundaries. (Article 46d -14) The Act goes on to provide that: "...the resolutions, rules, regulations or orders of the joint board shall have the same force and effect in the territories or jurisdictions involved as the ordinances, resolutions, rules, regulations, or orders of each public agency would have in its own territory or jurisdiction." (Article 46d- 14(d)(5)) This authority has been challenged by the Cities of Euless, Grapevine and Irving through the enactment of zoning ordinances purporting to control the development of Airport Property. The Cities have divided the Airport property into three separate zoning areas, thereby endangering operations at the Airport and placing at risk the future vitality of DFW. In October 1991, Judge Bill Rhea of the 162nd Judicial District Court for the State of Texas, ruled that the Texas Municipal Airports Act does not with "unmistakable clarity" empower the Airport to zone its own property. Therefore, the Judge ruled that the Airport is subject to the zoning ordinances of Euless, Grapevine, and Irving. The Dallas /Fort Worth International Airport Board does not believe the intent of the Municipal Airports Act was to divide DFW into parcels subject to the divergent control of Euless, Grapevine, and Irving. Under this divergent control, both Grapevine and Euless now have zoning ordinances which make those portions of DFW within their city boundaries subject to closure in 1994 as a nonconforming land use. Similarly, Irving restricts the Airport Board to its original 1967 plan and requires the City Council's permission to deviate from this plan. It is essential that the Municipal Airports Act be amended to ensure the original intent of the Act that the Airport Board have exclusive authority to determine land use within its boundaries. Dividing control of the Airport will result in the deterioration of air transportation in the State of Texas and the potential loss of one of the State's most important assets. L ei ( ?/6 - -- 3 Administrative Offices - East Airfield Drive 214/574-8888 P.O. Drawer DFW, Dallas Fort Worth Airport , Texas 75261 FORTWORTH W CHAMBER A RESOLUTION SUPPORTING THE EXPANSION OF DFW INTERNATIONAL AIRPORT WHEREAS the Dallas/Fort Worth International Airport has had a substantially positive impact on the total economy of the North Texas region from its opening in 1974 to the present time; and WHEREAS that very positive economic impact has been created in North Texas because of the outstanding service to the air traveling public of the airlines which serve the airport and the efficient operation of the airport and its support facilities managed by the DFW International Airport staff; and WHEREAS the DFW International Airport Board has determined that adjustments to the original DFW Airport Master Plain in the form of the construction of addiional runways, runway extensions, additional air carrier terminal facilities and roadway improvements will be necessary to maintain the current level of operation efficiency and, at the same rime, permit additional expansions of air carrier service, and WHEREAS the planned improvements to the DFW International Airport will create an immediate economic impact resulting from the $1.5 billion in construction activity, increased direct aviation- related employment on the airport and, most importantly, the support system absolutely essential for the DFW International Airport to continue to function as the most important economic growth accelerator in North Texas for the foreseeable future; and WHEREAS the DFW Airport is a critical factor in the development of economic opportunities for all citizens of the Dallas/Fort Worth Metmplex and most emphatically will be a positive factor for employment and air travel accessibility for future generations of North Texans; and WHEREAS the planned improvement of the DFW International Airport will establish it as the " preeminent airport in the world; and WHEREAS the Draft Environmental Impact Statement (DEIS) was released on July 31, 1990 regarding Runway 16/34 East and Runway 16/34 West; and WHEREAS the Fort Worth Chamber is sensitive to the concerns of neighbors and businesses surrounding the airport and realizes that those who are negatively impacted by the growth of the airport must be treated fairly and compensated; and FORT WORTH CHAMBER OF COMMERCE 777 TAILOR STREET, SUITE 900 ' FORT WORTH, TEXAS 76102-4997* (817) 336 -2.191 9, 1 DFW International Airport Page 2 NOW, THEREFORE, BE IT RESOLVED THAT: SECTION 1. The Fort Worth Chamber of Commerce supports the Dallas/Fort Worth International Airport Board's legislative initiative to reaffirm its authority under the Texas Municipal Airports Act to operate, develop, zone and regulate land use at Dallas/Fort Worth International Airport. SECTION 2. That such legislation reaffirm Dallas/Fort Worth Intemational Airport Board's power, in addition to all other powers contained in the Act, to plan, acquire, establish and develop, construct, enlarge, improve, maintain, equip, operate, regulate, zone, protect and police Dallas/Fort Worth International Airport and its associated air navigation facilities and airport hazard areas. SEC.: i'ION 3. That such legislation reaffirm the right already expressly given to the Airport Board to acquire property, if so authorized by the City Councils of Dallas and Fort Worth, through eminent domain proceedings including those public roads and streets reasonably necessary for the operation and development of the Airport. SECTION 4. The importance of this legislative initiative to the North Texas region, the entire State of Texas, and the air national transportation system, as a whole, warrants the passage of this Resolution. SECTION 5. This Resolution shall take effect immediately. Approved on this 12th day of November, 1992 by the Fort Worth Chamber of Commerce Executive Committee. GARYI CUMBIE, Chairman TERRENCE J. R AN, • - sident and CEO nn - V 1 6 4992 r aim • RESOLUTION No. 93 -03 WHEREAS, the State Legislature enacted the Texas Municipal Airports Act In 1947, which has been amended from time to time thereafter; WHEREAS, on September 27, 1965, the Cities of Dallas and Fort Worth established the Dallas/Fort Worth Airport Board under the Texas Municipal Airports Act to plan, establish, operate, and improve Dallas/Fort Worth International Airport; WHEREAS, the Cities of Dallas and Fort Worth in a 1968 Agreement authorized the Airport Board to proceed with the development of the Airport to be jointly owned by the Cities of Dallas and Fort Worth and operated by the Airport Board; WHEREAS, Dallas /Fort Worth International Airport was opened for airline service in January, 1974, located between the Cities of Dallas and Fort Worth, primarily within four cities and two counties; WHEREAS, Dallas /Fort Worth International Airport has grown to be the second busiest airport in the world today and is projected to be the world's busiest by the year 2000; WHEREAS, Dallas/Fort Worth International Airport must expand to meet the growing air traffic needs of the North Texas region, the State of Texas, and the entire national air transportation system; WHEREAS, after twenty years of growth and development at DFW International Airport, the Airport Board's authority to control its own land use and development as permitted under the Texas Municipal Airports Act is being challenged; WHEREAS, the Dallas/Fort Worth international Airport Board must have the authority to operate, develop, and expand the Airport to ensure the safety of the traveling public, to maintain its competitiveness in the market, to meet the projected needs of the traveling air public, to protect 31,000 jobs and a $30 billion stimulus to the Texas economy over a twenty year period, to increase the capacity of the national air transportation system by 15 %, to reduce delay costs which impact the airlines and the traveling public, and to prevent developmental gridlock by being subject to the control of numerous independent non- proprietor cities; ti r WHEREAS, Dallas /Fort Worth International Airport Board desires through a legislative initiative to reaffirm its authority, provided to the Airport Board under the Texas Municipal Airports Act, to control operations, development, and land use at Dallas /Fort Worth International Airport; Now, Therefore, BE IT RESOLVED, BY THE • SECTION 1. supports the Dallas /Fort Worth International Airport Board's legislative initiative to reaffirm its authority under the Texas Municipal Airports Act to operate, develop, zone, and regulate land use at Dallas/Fort Worth International Airport. SECTION 2. That such legislation reaffirm Dallas/Fort Worth International Airport Board's power, in addition to all other powers contained in the Act, to plan, acquire, establish, and develop, construct, enlarge, improve, maintain, equip, operate, regulate, zone, protect and police Dallas /Fort Worth International Airport and its associated air navigation facilities and airport hazard areas. SECTION 3. That such legislation reaffirm the right already expressly given to the Airport Board to acquire property, if so authorized by the City Councils of Dallas and Fort Worth, through eminent domain proceedings including those public roads and streets reasonably necessary for the operation and development of the Airport. SECTION 4. The importance of this legislative initiative to the North Texas region, the entire State of Texas, and the national air transportation system, as a whole, warrants the passage of this Resolution. SECTION 5. This Resolution shall take effect immediately. Signed Representing Dated . � ; L ' , , ;". . T k! � , 1 T r o f 0 . ) ) r4 , ID E * S S .c ( L city C g of Irvin , GRAPEVINE EM1WE i 1 51 December 11, 1992 D II 1 OFFICE OF CITY 11 �/ MANAGER F-'1 Re: Legislative Proposal to Negatively Affect A City's Right to I Zone Property and Exercise Its Sovereignty Within Its Boundaries . 1 Dear Colleague: We are the City Managers of the Cities of Grapevine, Euless and 1 Irving and are writing this letter to all City Managers across the state to advise each of you of proposed legislative action that is threatening our three cities and might also.adversely affect your ability to manage and regulate your city. The legislative effort is being pushed by the DFW Airport Board, ruk2e, the Cities of Dallas and Fort Worth and the major airlines that use DFW Airport. Although DFW Airport is located within our cities' boundaries and we have had an ongoing compatible relationship for 20 years, that relationship has now been shattered, the spirit of cooperation has been withdrawn by DFW Airport, and we have each been sued by DFW Airport Board and the Airlines. They contend that our ordinances are null and void as they might relate to DFW Airport. They also contend that they can purchase any property within our cities (with which we agree, so long as it is a voluntary transaction) and when it is purchased by Dallas and Fort Worth, the DFW Airport Board can use it in any way it wishes (with which we disagree). They also contend they can condemn and assume control of our public streets, even to the extent of closing or relocating streets. Our cities, without warning or conversation, were sued by the DFW Airport Board, which was then joined in the lawsuit by American Airlines, Delta Air Lines and United Parcel Service. The central issue was: Could our cities continue to zone property, regulate land uses and control the streets and roadways within our cities' respective boundaries, even though the properties might be purchased by Dallas and Fort Worth and turned over to their appointees, the DFW Airport Board? The District Court of Dallas County ruled against DFW Airport Board and in favor of our cities. All of those parties have appealed the court's decision but in the meantime, have announced their intention to have the Legislature change the law to suit their desires. am - 7 By way of background information, the Dallas /Fort Worth Airport is located almost exclusively within the boundaries of our cities. We have enforced zoning and land use powers at the Airport even before it was constructed and completed in 1974. The Airport Board has, for the past 20 years, sought and obtained the full cooperation from our cities through actions such as the abandonment of streets and roadways on Airport properties, the approval of numerous zoning requests by the Airport or its tenants, and the adoption by ordinance of DFW Airport Board rules and regulations to make them enforceable at the Airport; in fact, there has never been a denial of a DFW Airport request by any of our cities. This spirit of cooperation hhs existed between the Airport Board and the cities, which cooperation enabled the DFW Airport to prosper and become the second busiest airport in the country. In 1989, the Airport Board announced a "new" Master Plan and a $3.5 billion expansion of the Airport. (It now appears clear that no one -- Dallas, Fort Worth, nor any of the Airlines can afford such a debt and the only things realistically being sought are modifications to boarding gates and two new runways.) The two new full service air carrier runways would have their flight paths directly over commercial, church and residential developments, all of which either previously existed or had been constructed in good faith and in reliance upon the Airport's Original Master Plan, which did not include these two runways. In Irving, numerous businesses and some 20,000 residents are directly and negatively impacted. In Euless, some 5,000 residents are faced with the same femb' devastation. In Grapevine, the entire downtown area, including the Historic District, which is on the National Register, the new convention center, the new library, churches and some 12,500 residences are negatively impacted. DFW's answer is that they are offering "the greatest mitigation program in history." This may be so, but there has never been such potential devastation and over one -half of those being negatively impacted are being totally ignored. In addition to the individual property owners' damages, our city governments are faced with issues of DFW bulldozing literally hundreds of homes, multifamily units and business developments with the attendant loss of tax revenues. Our school districts are faced with population relocation with schools remaining in the high noise contours. Our recreation centers and park lands in those areas are faced with uncertainty. Streets, along with water and sewer lines taken over by DFW, would now be under a "foreign" control. As you know, when a community decides to adopt a home -rule charter pursuant to the Texas Constitution, it assumes that the city will be able to decide for itself how the city will be run, including fin the inalienable right to determine how land will be used within its boundaries. The people in Texas in 1912 adopted the home -rule provisions to the Constitution so that each city could decide its own destiny. The legislation would abolish not only the decision - 2 !" Y44 •. r made by the people in each home -rule city, but also the decision made by the voters in 1912. In 1967, a constitutional amendment was approved, allowing Dallas and Tarrant counties to create the North Texas Regional Airport Authority which, if approved, would have broad and superior authority. However, the people voted "no" to the creation of such an authority. Therefore, Dallas and Fort worth were faced with the necessity of building and operating the 1 Airport under the provisions of the Texas Municipal Airports Act. We agree that the Texas Municipal Airports Act allows Dallas and Fort Worth to l and operate an airport. We do not want to operate this Airport and have never sought such authority. But, as the District Court in Dallas stated, the "Host Cities" (Grapevine, Irving and Euless) are not preempted by state or federal law from enforcing their zoning ordinances within their boundaries and, that the Host Cities have exclusive dominion over their public streets and roadways. The court's ruling was based upon the simple, yet fundamental sovereign right of a home -rule city to be protected from invasion by any other city or entity, even if that entity is a rich group of airlines. Under the proposed legislation, the City of Dallas, for example, could come into any city in Texas, condemn land, build an airport, and have exclusive authority to zone, develop and regulate that airport in total disregard of the invaded cities' zoning ordinances, master plan, residential development or local way of life. The health, safety and welfare of citizens would be decided by outside interests. Also, it is contended that land purchased / would be tax - exempt. MI The DFW Airport has grown and prospered by complying with the cities' zoning ordinances. There is no reason why it cannot continue to prosper, while at the same time continuing to comply with these zoning ordinances. To date, the DFW Airport has refused to even file a zoning application with the cities, but rather, without notice, had the sheriff serve all of the cities with citations, contending that all city ordinances were null and void, as they related to DFW Airport. This legislation is a concern for all cities whether they be home - rule or general law, big or small, or have an airport within their boundaries, because it would set an extremely dangerous precedent of having the Legislature decide on a local issue and how cities in Texas would be managed. And, if a disgruntled party lost a lawsuit with a city, the precedent would be for then to go to Austin and "win" their lawsuit by getting the Legislature to change the law. As City Managers, we have the responsibility to carefully and reasonably manage the development and growth of our cities in pursuit of the policies established by our City Councils. We have and can continue to do this, even with the Airport in our cities, but we can not effectively and knowledgeably manage our city when Li - 3 - 1 some outside interest is allowed to take control and mandate what we must do. . We anticipate that you will be contacted by the Airport, the Airlines and others, asking you to support this proposed legislation which could rob your city of its constitutional right to self - government. We strongly urge you to reject their advances because the threat to your city's sovereignty greatly outweighs their vague promises of economic development for the Dallas /Fort Worth area. This legislation, if adopted, will begin a dangerous era when spec al interest groups will ask for special treatment from the Legiblature by allowing them to invade your city and ignore your hard fought efforts to provide the very best way of life for your residents. This matter is not limited solely to an airport but involves all cities in the State of Texas. Please help us to stop this effort in its tracks. Thank you for giving these issues your consideration. If you would like to discuss this matter in greater detail or need further information, please do not hesitate to call. Sincerely, CITY OF IRVING J k Hufman, City Manager 14) 721 -26 CITY OF EULESS 1 e==;40vt4L,f19— Tom Hart, City Manager (817) 685 -1422 CITY OF GRAPE E Tren Pet , • anager (817) 481 -038 F - 4 -