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2000-01-13SPECIAL CITY COUNCIL MEETING 667 NORTH CARROLL AVENUE SOUTHLAKE, TEXAS JANUARY 13, 2000 MINUTES COUNCILMEMBERS PRESENT: Mayor Rick Stacy; Mayor Pro Tem Gary Fawks; Deputy Mayor Pro Tern Ronnie Kendall. Members: Patsy DuPre, Debra Edmondson, Rex Potter and Wayne Moffat. CITY STAFF PRESENT: City Manager Billy Campbell; Assistant City Manager Shana Yelverton; Director of Finance Sharen Elam; Director of Public Works Ron Harper; Deputy Director of Public Works Chnrlie Thomas; Senior Civil Engineer Shawn Poe; Interim Director of Planning and Zoning Administrator Karen Gandy; Planner Ken Baker; City Attorney Debra Drayovitch; and, City Secretary Sandra L. LeGrand. Agenda Item #1, Call To Order Mayor Rick Stacy called the Special City Council meeting to order at 9:15 p.m. The meeting was audio and video tape-recorded for future reference. Copies of the tapes are available upon request from the City Secretary. Agenda Item #2-A, Executive Session An executive session was not held during this meeting. Agenda Item #2-B, Action Necessary/Executive Session No action was necessary, as an executive session was not held. Agenda Item #3-A, Ordinance No. 480-323, 1st Reading (ZA 99-120) Rezoning and Site Plan for Carroll I.S.D. Ordinance No. 480-323, 1st Reading, (ZA 99-120), Rezoning and Site Plan for Carroll I.S.D. Middle/Intermediate School, on property legally described as Tracts 1, lA, lC, iD, and 3A, situated in the John A. Freeman Survey, Abstract No. 529, and being approximately 37.416 acres. Current zoning is "SF-20A" Single Family Residential District. Requested Zoning is "CS" Community Service District. Owner and Applicant: Carroll Independent School District. Planner Ken Baker presented ZA 99-120, stating that twenty-three (23) notices were sent to property owners within the 200' notification area and the following responses were received: 620 South Kimball Partnership, 595 South Kimball Avenue, Southlake, opposed, "Traffic and safety issues were not addressed. No access to the home at 620 South Kimball Avenue from the south." Jeff and Chung-Ming Wang, 595 South Kimball Special City Council Meeting Minutes of January 13, 2000 Page 1 of 12 Avenue, Southlake, opposed, "Traffic and safety concerns were not addressed. No access was provided to homeowners traveling from the north." Chin and I~ey-Ping Po, 305 South Kimball Avenue, Southlake, opposed, "Trafftc design did not consider the safety and access issue.for the property owners on the east side of Kimball Avenue." George and Corrine Turtle, 219 Eastwood Drive, Southlake, in favor [with concerns] "drainage- water detention area not extended to the southwest corner, lights on the football field, outdoor speaker system and PA system with .future press box, water detention area-grass or cement [how will it be maintained and by whom?]; Jack S. Petty, 616 South Kimball Avenue, Southlake, in .favor, "But require an 8' wall on the south side of the school property prior to construction starts. This will protect the children .from being hurt or killed .from the ostriches in the field." Janice Miller, 165 South Kimball Avenue, Southlake, opposed, "City of Southlake will proceed with this proposal whether or not I approve." For responses outside the 200' notification area see the zoning records. Mr. Baker reported that on December 9, 1999 the Planning and Zoning Commission tabled this item to continue the public heating on January 13, 2000, instructing the applicant to take whatever steps were necessary to address the concerns raised in writing and submit them to the homeowners before the holidays so they can have time to consider the school district's proposals. Another homeowner/school district meeting was held on Sunday, January 9 to address the homeowners concerns. The issues of concern included traffic, drainage, parking, trees/environmental, fencing, spill over lighting and noise from the outdoor auditory systems, septic system, and communications. The request proposed a zoning change to "CS" and a site plan for a combination intermediate/middle school campus and a 500-seat football stadium, on approximately 37.416 acres of land. The district proposes opening the intermediate school [grades 5-6] by August 2001 for 800 students and the middle school [grades 7-8] by August 2002. The property is located on the west side of South Kimball Avenue approximately 900' south of East Southlake Boulevard (F.M. 1709). The Land Use Designation for this area according to the City Land Use Plan is "Public/Semi-Public and 65 LDN Overlay Corridor." Brent Cline, 2159 Brook Drive, Grapevine. Mr. Cline introduced members of the school board, including Jerry Lawrence and David Yelton. School district members present included Superintendent Ted Gillum; Assistant Superintendents John Craft and Steve Johnson. Mr. Cline addressed the issues in the Site Plan Review Summary No. 1 commenting on the requested variances including articulation, lighting levels, trees islands on the back of the property and parking spaces. A discussion was held regarding the lights and Mr. Cline agreed to set up a time when the lights would be mined on at the Carroll Junior High School on North White Chapel Boulevard, for demonstration purposes. He stated he would let the City know when this would be arranged. Councilmember Debra Edmondson commented on the lighting, stating that in the packet submitted by the school district, the company that they will be using indicated that they Special City Council Meeting Minutes of January 13, 2000 Page 2 of 12 meet strict spill and glare requirements for lighting projects near residential areas, airports or observatories. She asked if they were aware that the city needs the same type of attention to be paid to the lighting near Southlake residential areas. Mayor Stacy stated, "I know you did cost estimates on these buildings, and I have heard in previous presentations that the project is going to cost an estimated $1 million to $2 million dollars more than they would have if the topography were not such that it is and the drainage is not such that it is." Mr. Cline stated some of the overages had to do with the topography and some of it had to do with the site work, which went up dramatically in the last 8 to 9 months. He confirmed that they added an additional $1 million dollars to this site because of the topography and drainage. Mr. Cline stated they took extensive measures to provide for the drainage to the north of the site and proceeded to explain the process to be used to control the drainage. Engineer Eddie Cheatham further explained the process to be used in controlling the drainage. Councilmember Ronnie Kendall stated, "Eddie, I have a question, have you made any recommendations to handle the drainage problems here that the school district is not going to follow?" Cheatham stated, "no." Kendall stated, "So everything they recommended, they are going to follow and you feel very comfortable?" Cheatham stated, "It is a matter of working it out with the down stream property owners. Yes, everything we have recommended we are going to do. Councilmember Gary Fawks stated, this looks frightening like the Durham and Carroll Junior High sites where we received conflicting accounts of where the down stream water used to go and we got detention ponds and impact on down-stream and he stated he would like for Cheatham to briefly point out to Council how this is not going to create the same problems. Fawks asked Mr. Cheatham to define "detention pond" as he [Cheatham] indicated in his presentation regarding the drainage plan and asked him how they were going to control and insure that the same problems that occurred on the junior high site would not happen at this site. Councilmember Debra Edmondson commented about the proper resolution of the off-site drainage issue as it was very important, stating she thought the city would be able to participate in some of the costs, however, has found, based on her conversation with the Director of Public Works Ron Harper, that the City is not going to be able to participate in the costs for correcting this drainage problem, but still feels it is critical that the drainage is handled properly. Councilmember Kendall asked Mr. Cheatham if the school had the right-of-way to complete these drainage improvements. Mr. Cheatham stated they have verbal agreements for the easements from the Pigg property and from Dallas Foam. It was confirmed that the school would have to have the easements in place when they prepare the construction plans for the project. Mayor Rick Stacy asked Mr. Cline if there were extra costs involved because this property is located in the 65 LDN Noise Contour? Mr. Cline stated there are differences Special City Council Meeting Minutes of January 13, 2000 Page 3 of 12 in costs because of the roof and the windows and indicated he did not know the amount of money the difference would be. Zoning Administrator Karen Gandy was asked to state the motion made by the Planning and Zoning Commission at their meeting of this date. "Motion to approve ZA 99-120, Rezoning and Site Plan for C.I.S.D. Middle/Intermediate Schools, subject to the Site Plan Review Summary dated 12/3/99, deleting Item #5 to allow vertical and horizontal articulation as shown; modifying Item #6d, granting relief from constructing parking islands in the parallel parking spaces only; on Item #8, granting relief on the following lighting standards for the stadium: allowing 30-foot candles instead of the required 20- foot candles and allowing white light instead of the yellow light and acknowledging the applicant's commitment to comply with all other provisions of the lighting ordinance; on Item #9, accepting the applicant's decision to remove the 250 future bleachers from the west side; therefore bringing the existing required parking into compliance; and with the following additional conditions: accepting the applicant's commitment to use lights rather than bells to announce class changes; that joint use of the facilities be subject to City Council's decision; accepting the applicant's commitment to move the southern parent loop driveway to the north to comply with the 250-foot spacing requirement and to better align with the Johnson's driveway across Kimball Avenue and reserving the right for the city to later require the construction of a "pork chop" in the southernmost drive (restricting the traffic movements) should circulation and safety concerns arise in the field; acknowledging that the drainage will flow to F.M. 1709 and that the current runoff to the north will be reduced by 15%; deleting the northern circulation road from the plan; requiring the bufferyard on the West; requiring the planting of as many required trees on the site as directed by the Landscape Administrator and then plant any "leftover" ones in the Kimball medians and any others at other school locations; requiring that all construction traffic use the northernmost driveway; and acknowledging that a sanitary sewer connection will be made available in the northwest comer of the site and that neighboring properties may tie on at the neighbors' expense." Councilmember Edmondson commented, "Under the Tree Preservation Analysis, the Landscape Administrator required a tree mitigation summary chart." Edmondson asked if this document had been submitted? Mr. Cline stated it was submitted with the site plan. Staffwill verify that this document was submitted and Edmondson requested a copy of the document. Mayor Stacy commented for the record, "I think this is probably the worst choice that has been made yet for a school site for several reasons: Not only for the neighborhood adjacency, the football field --- we have been trying to get a football field for years but not on this site; its in the noise corridor, we know there is extra costs involved in that --- we don't know what they are because they did not tell us here tonight; it is certainly not in a convenient place as it is at the end of the school district --- a school should be conveniently located within the district if it is going to help with the traffic flows and the students and parents; the topography is horrible --- we have had two or three developers trying to develop this property for residential prior to the school purchasing it and they could not make it work; the school says 'it is only going to be one million to two million Special City Council Meeting Minutes of January 13, 2000 Page 4 of 12 dollars more because of the topo and drainage and we will simple roll it into the cost of the building and I resent that! The school was here before Council a month or two ago asking for $1 million plus dollars to help with the natatorium, and now we are going to throw away one to two million dollars because of the site that is not right. I just don't feel like that is right. I don't feel that we should be building channels in this community, and I really don't believe that we could create a drainage system that will handle this particular site with that much coverage. I don't like the idea of driving down Kimball Road and seeing the tops of those schools and I just really, really feel like it is a poor choice for a school." PUBLIC COMMENTS: Pamela Muller, 214 Westwood Drive, Southlake. Ms. Muller stated that she agrees with Mayor Stacy in that this is not a good site and that he covered ail the points she covered during the Planning and Zoning Commission meeting earlier. She stated, "As a tax paying citizen [and it has nothing to do with me living close by], I know they purchased this property because they thought the land was inexpensive, but for all the costs and improvements, it has terrible soil and drainage issues." She stated she would be upset if she had a child going to this school. She expressed concerns about the lighting as she knows the football field is going to go in and there will be lights; and she stated she disagrees with the I0:00 p.m. curfew hut it is what the P & Z Commission recommended. She stated she wants to see more restrictions with that. She stated she worked diligently on the lighting ordinance and stated it does upset her that there will be a variance granted for these lights. She asked Council to consider that the lights only be used for game nights and for use only by the C.I.S.D. and not be allowed for use by Keller ISD or other districts using the lights. She reassured Council that she is asking for restrictions on the lights, not because she does not believe in athletic activities for school children but because of the topography of land with it being difficult to buffer. She asked to have the lights dimmed halfway once the game is over and completely off within 45 minutes of when the game is over. They should not be allowed to be used on Saturday and Sunday and also that if there is game practice, that the lights are used no later than 6:00 p.m. She also expressed concerns that the Certificate of Occupancy not be granted until Kimball Road is improved because of the safety issues; drainage concerns; and concerns about the easements and that a lot of effort has been taken to visit with the property owners to the north and what their needs and wants were long before consideration was given to the residential property owners. She stated it has always been the practice to take into consideration the residential neighborhoods when new development comes in. Corrine Tuttle, 319 Eastwood Drive, Southlake. Ms. Tuttle stated she lives behind where the football stadium is being proposed and stated she is most concerned about the lights. She stated from an article she read in the newspaper and the headline reads, Enrollment Leveling Off in Carroll Schools. She read from that article where school enrollment is expected to increase from 1999 to 2006, and then it is expected to decrease to about 300 students annually between 2006 and 2009. Those numbers represent a significant difference from annual enrollment increases of about 600 students from 1995 to 1998. She read where Mr. Harold stated that a proposed 2002 Bond Election that calls for Special City Council Meeting Minutes of January 13, 2000 Page 5 of 12 building a third middle school and possibly a sixth elementary school could be delayed if the decline continues. The article went on to say that the school board would get an update of projections next year. Ms. Tuttle asked the City Council, "Why are we adding another lighted stadium when we have Carroll intermediate school with lights, the junior high school with lights, the old Dragon Stadium with lights and the new stadium that is going in? After reading this article, why are we spending money on lights, a PA system and bleachers? When, speaking as a mother, I have a son that is in the soccer program along with others that do not have a complete uniform? They are missing jackets because we cannot afford to buy them. I have lived here for eleven years and have paid my taxes and my children have enjoyed the school district I have loved living out here and have loved volunteering in the school district, and it makes me sick that we are spending our tax dollars on the possibility of a third middle school coming in when we cannot supply the needs of the students we currently have. I see that we are wasting money and I would rather see that added to the band, to the athletic programs --- lets get the kids fully equipped --- and not add more lights and another playing field when we have the ones that exist already. I think we need to check that out more. She asked Council to look at the amount of money that will be spent by adding the field and maybe let it be a playing field and use what we have already." Russ Livens, 220 Westwood Drive, $outhlake. Mr. Livens stated he lives up on the other end of this property, up on the hill, and the schools are not going to bother him very much. Mr. Livens stated the school superintendent told him that the C.I.S.D would have a school district with 6,500 children, and the way he sees it is, we will have a stadium for 1,500 children. He stated, "This seems like an awful lot to me and we do not want it. We don't want the schools in this location for $1.5 million dollars more. The schools are not that objectionable but you are right, this is a really bad site. There is bound to be other sites that they already own that will do a better job. The answer they had for needing the football stadium is a scheduling problem. I don't know how much administration they have but it seems to me these people are very well paid to figure out these scheduling problems and they have another three stadiums. So I just don't think this is reasonable or logical. A bond issue was voted on and that was the argument that was given to me for going ahead with this. If you make a mistake on voting a bond issue, you do not need to spend the taxpayer's money, and the taxpayers do not mind if you don't spend all their money and give some of it back to us and earn your high salaries. I believe there are enough administrators over there to figure out the scheduling problems. I like for our kids to have good schools, I like to see the teachers paid well, and we can over emphasize the athletic programs [I played football for ten years]. There is a little over emphasis here on the wrong issue." Dennis Minder, 223 Eastwood Drive, Southlake. Mr. Minder stated the Mayor's comments mirror his comments. He stated during the P&Z meeting they were asked if they had an agreement for the drainage improvements and easements needed to the north. He stated nothing happened in the last one and one/half hours --- they still do not have an agreement to pipe the water. He noted problems with drainage in the southwest comer with the school property being about two feet taller than his with the erosion stacking up against the fence. He asked the school if they were going to dig down below the two-foot Special City Council Meeting Minutes of January 13, 2000 Page 6 of 12 berm onto his property or are they going to stop part way back? He asked if the drainage doesn't work who is going to fix it, like with Cambridge Place? Mr. Minder referenced a photograph submitted by the school in which their properties look a lot further away than they actually are. Mr. Minder commented, "They are asking for restricted lighting like Ms. Muller suggested and restricted as far back as 8:00 p.m. The problem being is that the school and the subdivision mirror, and the noise goes down the draw and you can hear every sound." When it comes up later for joint-use, he would like to see further restrictions because they have a very unique situation in that the area is fiat and there is no place for the noise to go. Mr. Minder stated the fence on the south side of the property would be double-sided because of the ostriches to prevent injury to them. They are asking for a double-sided fence so that the rough side of the fence does not injure his horse. That is assuming that the school will place the smooth side fence on their side. Mr. Minder also noted a large oak tree on his property and stated the rooting system is flush with the property on the uphill side so if they dig down into the rooting system, he wants them to figure out some way to get around that tree so that it will not be damaged or possibly killed. Carlos Dorris, 213 Eastwood Drive, Southlake. Mr. Doris stated he would like to address the lighting issues stating the poles are 80 feet tall and with the grade of the roadway, they will be looking right up at the lights. He stated this is not a good fimcfion for our community. He addressed the drainage, as it will relate to his property and the school's property stating, he does not care to have the ditch get deeper and deeper. He stated his property is higher and he feels we need a master storm water program to get rid of the water and there is a lot of water that has not been accounted for in his opinion. Jeff Wang, 595 South Kimball Avenue, Southlake. Mr. Wang stated he is opposed to this request as there is no design for Southlake Kimball Avenue and it is not safe for his family. Mayor Stacy commented about the design of the driveway onto the school property from South Kimball Avenue. Darrell Faglie, 505 South Kimball Avenue, Southlake. Mr. Faglie stated he is tired of this property! He stated he will be greatly impacted by this school and realizes a school will go in, but he is hopeful that it will only be one school. Marilyn Johnson, 495 South Kimball Avenue, Southlake. Ms. Johnson expressed concern with the schools going in at that location, stating she is in the Grapevine/Colleyville School District and has no vote on the school board members or where they choose to put their schools, however, commented that she would feel all of the impact and is opposed to it. Pattie Minder, 223 Eastwood Drive, Southlake. Ms. Minder stated, "Mr. Mayor, I agree with your comments regarding this property and we have had lots of discussions on this property regarding the drainage issues. I agree with all the comments made tonight. When we built our home them was agricultural property behind us. The people who built Special City Council Meeting Minutes of January 13, 2000 Page 7 of 12 their homes around Carroll Middle School had a choice of whether or not they wanted to live next to a school, but we do not have a choice. When Carroll High School was voted upon we all thought that would be the future site for the football stadium. I have discussed numerous times the problems with the lights at The School of Baseball. There is property behind Carroll Intermediate School that could have a stadium. Why do we need another football stadium? Mr. Cline cannot even tell us how much this stadium is going to cost in tax dollars. Every time I have heard a Councilmember ask the school a question tonight, no one from the School District has the figures on what it is costing for these things. This property was going to cost over $1.5 million dollars three years ago to correct the drainage problems on the property. What are the real figures for drainage? I feel if the citizens of Southlake knew what was going on here, they would not be happy. When we all found out this property had been purchased for schools we were not happy, as everyone knew that was a bad piece of property to put the schools on for the drainage. I realize the school can do whatever they want, but we were here first and we did not choose to live by a football stadium. I feel that the Council should listen to our needs because we supported you in your election. We are not trying to deprive any children, but we have several other fields the kids could use." She agreed with the comments made by Confine Tuttle about the condition of the uniforms the kids wear now for sports. She stated concerns that the C.I.S.D. is going to put this money into drainage when they need other things for the kids and the athletic program. She stated she feels the priorities are mixed up regarding this project. Mayor Stacy asked Mr. Cline at what angle would the school buses be sitting when turning into the school site. He said if it is a loaded school bus, that will be dangerous and he does not know how it will be able to make the turn. Councilmember Gary Fawks asked about the finished side of the fence behind the Minder's property. Mr. Cline stated the finished side would be on the school side. Councilmember Patsy DuPre had additional questions about the lighting. It was noted that the edge of the lights would be approximately 135' and that is the property line for the residential area. A question was asked about how many games will be played at night in this stadium. Dr. Gillum responded that they would be playing 6 to 10 night games out of the 365 days. He went on to explain the days that the games will be played at all the schools. The question was asked of Dr. Gillum, why can't the games be played at the other schools or at the new stadium, as the school will be within walking distance to the ultimate football stadium? Dr. Gillum responded that it is further down Kimball Avenue to SH 26. Mayor Stacy stated that the 6 to 10 games could be played at the new stadium on SH 26 and that the kids could be bused to the stadium. Dr. Gillum stated if he were only talking about one school that would work. Mayor Stacy asked what is the cost to light one stadium? Dr. Gillum stated it does cost a lot, but he feels that the students who choose to participate in the athletic programs should have quality facilities to play in. Special City Council Meeting Minutes of January 13, 2000 Page 8 of 12 A discussion was held regarding the turn lanes onto the school property from South Kimball Avenue. Councilmember Gary Fawks asked the City Attorney if Council denied the zoning would that have impact on the schools building on the site? City Attorney Debra Drayovitch responded, "Councilmember Fawks, it is generally Texas law that a school district, when it is carrying out an academic program, has the right to decide the location of whatever facility it intends to construct. This does not mean that a school district is not subject to the city's reasonable development regulations. Both governmental entities operate within granted authority from the State to carry out their programs." Mayor Stacy questioned if Council should deny this case; does the school district have to go to some other authority for permission? Drayovitch stated they are required to obtain building permits and comply with the building regulations. Councilmember Ronnie Kendall stated, "Rick, I agree with you that I do not think that this is a very good site location. A former school board picked this site location and it is the current school board that has to deal with it and all the related problems. I feel sorry for you guys. I firmly believe that it is not within the scope of our authority to not approve it. Just as she [City Attorney] said we cannot turn down any site location or related zoning to that site location that a school chooses. It is not within our scope of authority. We can grant variances or not grant variances as long as it does not interfere with their educational goals and accomplishments and that are how we are limited. Like I said, I do not like it -- I don't like where it is -- it has a lot of problems, but there is nothing we an do about it." Councilmember Debra Edmondson stated, "I second those thoughts. I'm very concemed about this site, loosing 759 trees is a lot of trees, and I am very upset about that. Talking about lighting on the field, I remember when I was on the Planning and Zoning Commission and we permitted [voted] for their site plan on the junior high. The P&Z passed it without lights and Dr. Gillum looked at us and said you can pass it that way, but "we need light" so that is our dilemma. Councilmember Kendall stated, "That is a separate issue and I think that remains to be seen and maybe we can legally check that out between first and second readings, but I think we still have some voice regarding lights and other developmental issues." Councilmember Gary Fawks stated, "I realize that we have some folks here that live in the Grapevine School District and essentially this is your forum and you do not have another place to turn to. I understand that, but the vast majority of people in this room are impacted by this. You do have one other forum and that is your elected school board and I believe that in a lot of these matters, we have to allow them to make decisions that they feel are best for the development of the school district and those folks answer to you just like we have to. I would encourage you, as we move forward beyond this site plan, to Special City Council Meeting Minutes of January 13, 2000 Page 9 of 12 continue to take your concerns to the school board on the issues that concern you. Be sure that they are informed because they have the same charge as we do, to be public servants, and you folks are the public." Councilmember Rex Potter stated, "Have we ever seen a school go in that there wasn't controversy? There is not one school that we have not seen problems because these schools bring population [density] and we need to work with the schools. I realize I have heard and seen in the newspapers and various people up here are not happy with the school and what they have done. The bottom line is that the decisions have been made and we need to minimize the impact as much as possible. I don't think that turning this down or saying no is an option. What can we do within our control to mitigate the impacts? And, what can we, as a city do to be sure that Kimball Avenue can handle this and is going to be improved and that we are going to put in the medians and things like that to enhance this property? The school has come along way from where they were a couple years ago; they are at least listening to people and trying to work things out. I compliment the school board for trying to mitigate because it used to be "here it is, take it or leave it" attitude. We have to live with what has been done and I question what we can do here to make this a better situation. Councilmember Edmondson stated she agreed with what Ronnie Kendall had to say about the lighting and looking further into the possibility of dimming the lights and turning them off at a certain times. Councilmember Patsy DuPre stated, "I understand the concerns that the neighbors have, but we are also answerable to all the citizens of Southlake. I am on the Joint Use Committee and the only question I have is about limiting the lights usage. What if there comes a point in time when we do need a facility for joint use? We have a number of children who play sports through the parks program and I wonder about limiting the use." She asked if the city is going to be able to use the gymnasiums in these schools. Will the schools be closed off so that we can do that for joint use?" Mayor Stacy stated he understood what the predicament is, and stated, "I sympathize with the school board and I feel like we are all partners. We have to work together. Our job is to try to build commercial development to try to offset the taxes. We are trying to be good partners, but it hurts me to see you spend excess monies. When you stand up here and tell us it is a million and one-half or it might be two million dollars that hurts. I have spent twenty years participating in fundraisers and auctions trying to raise money for the school district and I hate to see us waste money. I think we can vote it down and I think it will send a signal back to say that somebody needs to take a fiduciary responsibility and not waste the taxpayers' money. If it delays the thing and they have to go to another site that they already own, I don't have a problem with that. They are already planning a third middle school and I'm sure they have a site somewhere they have not told us about. What happens if we do turn it down? I think they have to go somewhere else to ask permission. I would be happy to do that." Special City Council Meeting Minutes of January 13, 2000 Page 10 of 12 Councilmember Fawks stated he thinks the school board is charged with making the decisions about the facilities they need and the location they need them in. Council adjourned for recess at 11:30 p.m. Council returned to open session at 11:45 p.m. Councilmember Patsy DuPre stated, "I understand your concerns Rick, and this might not be the ideal situation, but as various Councilmemhers have said, I don't think it is our place to try and tell the school district where to put their schools." Motion was made to approve ZA 99-120, Rezoning and Site Plan for C.I.S.D. Middle/Intermediate Schools, subject to P&Z's motion with the following modifications: on Item #9 in the review summary, granting the applicant's request to reduce the parking spaces from the 398 as shown to 379 spaces to accommodate the construction of parking islands in the parking lots; requiring the applicant to erect an eight-foot (8') double-sided fence along the west and south property lines; stating that there be no restriction of joint use of the facilities; requiring that the stadium lighting be turned off forty-five (45) minutes after game activities have concluded; but no later than 9:00 p.m.; requiring that no stadium lights be used on Saturday or Sunday; and reserving the right to restrict all stadium lighting after observing the Junior High light demonstration. Motion: Second: Ayes: Nays: Approved: DuPre Fawks DuPre, Fawks, Kendall, Moffat, Edmondson, and Potter Stacy 6-1 vote Dr. Gillum stated the Intermediate School would be constructed first with the construction starting in March 2000 to be completed in 2001. He agreed to turn off the lights on the west when the game is over. Agenda Item #3-B, ZA 99-121, Preliminary Plat of Proposed Lot 1, Block 1, Carroll I.S.D. No. 4 Addition ZA 99-121, Preliminary Plat of proposed Lot 1, Block 1, Carroll I.S.D. No. 4 Addition, on property legally described as Tracts 1, lA, lC, 1D, and 3A, situated in the John A. Freeman Survey, Abstract No. 529, and being approximately 37.416 acres. Current zoning is "SF-20A" Single Family Residential District. Owner and Applicant: Carroll Independent School District. Planner Ken Baker presented ZA 99-121, noting that twenty-three (23) notices were sent to property owners within the 200' notification area and two (2) responses were received: Jeff C. Wang, 595 South Kimball Avenue, Southlake, in favor, "Can't stop. Have no choice." Janice Miller, 165 South Kimball Avenue, Southlake, opposed. On January 6, 2000, this item was tabled to the Planning and Zoning Commission meeting held on January 13, 2000. Special City Councii Meeting Minutes ofJanuary l3, 2000 Pagell of 12 Brent Cline, 2159 Brook Drive, Grapevine. Mr. Cline stated they agree to comply with all the comments in the Plat Review Summary #1, dated December 30, 1999. Motion was made to approve ZA 99-121, Preliminary Plat for Lots 1, Block 1, and Carroll I.S.D. No. 4 Addition, subject to the Plat Review Summary #1 dated December 30, 1999. Agenda Item #4, Adjournment Mayor Rick Stacy adjourned the meeting at this time. ATTEST: x\~.~.\\BI I I ! 111111111/ I~[Jza~,~J -~ o~. ........ '..4 S~dra L LeGrmd ~ U [ City Secret~ ¢ ~ ~ dNSOity Secrc~M[NUTES~Spcciat-cc-~n- 1 - 13-00.doc Special City Council Meeting Minutes of January 13, 2000 Page 12 of 12