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2000-03-21REGULAR CITY COUNCIL MEETING 667 NORTH CARROLL AVENUE SOUTHLAKE, TEXAS 76092 MARCH 21, 2000 MINUTES COUNCILMEMBERS PRESENT: Mayor Rick Stacy; Mayor Pro Tem Gary Fawks. Members: Rex Potter, Debra Edmondson, Patsy DuPre. COUNCILMEMBERS ABSENT: Deputy Mayor Pro Tem Ronnie Kendall and Councilmember Wayne Moffat. CITY STAFF PRESENT: City Manager Billy Campbell; Assistant to the City Manager Shelli Siemer; Director of Economic Development Greg Last; Director of Human Resources Lauren Safranek; Director of Finance Sharen Elam; Director of Public Works Ron Harper; Deputy Director of Public Works Charlie Thomas; Assistant to the Public Works Director Valeric Bradley; Senior Civil Engineer Shawn Poe; Director of Community Services Kevin Hugman; Interim Director of Planning and Zoning Administrator Karen Gandy; Senior Comprehensive Planner Chris Carpenter; Chief of Building Services Malcolm Jackson; Deputy Director of Public Safety Fire Services Ricky Black; City Attorney E. Allen Taylor, Jr.; and, City Secretary Sandra L. LeGrand. WORK SESSION: The Work Session was called to order at 5:45 p.m. Councilmembers and staff discussed items on the agenda. The work session was audio and video tape- recorded for future reference. Copies are available by request from the City Secretary. Agenda Item #5-B, Resolution No. 00-31, Amending the Personnel Policies Handbook to include a uniform/dress code/grooming policy. City Manager Billy Campbell asked that this statement be included in the policy, amending Section 6.0 to read, "Nothing in this policy shall prohibit a supervisor from restricting clothing or other personal grooming attributes that may create a safety hazard based on the employee's job duties." Agenda Item #5-C, Authorize the Mayor to enter into an interlocal agreement with Tarrant County for the reconstruction of North Kimball Avenue, from SH l l 4 to Highland Avenue. Councilmember Rex Potter asked Senior Civil Engineer Shawn Poe to explain what will happen as they take away the right-hand turn lane on North Kimball Avenue. Mr. Poe explained the process to Council. Agenda Item g8-A, Ordinance No. 480-335, Ist Reading (ZA 99-099), Rezoning and Concept Plan in Town Square. Councilmember Gary Fawks made comments regarding "banks" and where they are defined in the Zoning Ordinance. Fawks stated, "I think that if banks are an "0-1" use, that they are misplaced in the zoning ordinance. I believe that they are obviously a commercial use." He asked Regular City Council Meeting Minutes of March 21, 2000 Page 1 of 24 that the Zoning Administrator add this issue to the list for amendments to the zoning ordinance. Mr. Tommy Pigg commented, "What we agreed to is that the alternate "A" that shows a bank and a drive-through was where the concern was and that what we agreed to was that we go with alternate "B" which was a straight office. And we are willing to delete the drive-through lane and drive-up ATM as a use but we did want to keep all the "O-1" uses that we had from the previous zoning." Director of Public Works Ron Harper commented about the deceleration lane stating, "At some point we would like to address the requirements that the Planning and Zoning Commission placed on this issue for the deceleration lane. But looking at it, it is 280' from North Carroll Avenue and that could cause some conflicting turning movements from people trying to turn in on that deceleration lane. We need to be able to look at that again, once the site plan comes in." The work session ended at 6:15 p.m. REGULAR SESSION Agenda Item gl-A, Call To Order Mayor Rick Stacy called the Regular City Council meeting to order at 6:15 p.m. The Mayor noted that City Council meetings are video and audio tape-recorded for future reference and copies are available upon request from the City Secretary. Agenda Item #2-A, Executive Session Mayor Rick Stacy advised the audience that City Council would be going into Executive Session pursuant to the Texas Government Code, Sections 551.071, 551.072, 551.073, 551.074, 551.076 and 551.086 to seek legal advise from our City Attorney, to deliberate regarding real property matters; to deliberate regarding a prospective gift; to deliberate regarding personnel matters; to deliberate regarding security devices; and/or to deliberate regarding economic development negotiations. Council adjourned into Executive Session at 6:16 p.m. Council returned to open session at 7:05 p.m. Agenda Item #2-B, Action Necessary/Executive Session No action was taken as the result of the executive session. Agenda Item #3, Invocation Chaplain of the Month Father Frank Reeves, St. Martin-h-The-Fields Episcopal Church, gave the invocation. Regular City Council Meeting Minutes of March 21, 2000 Page 2 of 24 Agenda Item #4-A, Mayor's Report Mayor Stacy made the following announcements: The Art Clubs at each of the schools in the C.I.S.D. are preparing murals for display on the construction fence at the New Town Hall Site. There will be nine murals in all. The murals are painted on 8X8 sections of plywood. During the First Anniversary celebration of Town Square planned for March 25, 2000, proclamations will be given to each school naming the artists of each mural. The first dedication ceremony was held February 8 with Carroll Junior High School and Johnson Elementary students presenting their murals. The second set of murals were displayed during a ceremony on March 9. They were from Rockenbaugh Elementary School, Carroll Elementary School, and Carroll Intermediate School. The third set of murals will be presented on March 23 from Durham Elementary School, Durham Intermediate School and Carroll High School. The public is invited to attend this event and see the work prepared by the students Art Clubs. March 24, the Kelly Miller Circus is coming to town at Bicentennial Park with shows starting at 4:30 p.m. and again at 7:30 p.m. The Women's Division of the Southlake Chamber of Commerce sponsored the circus. The circus elephants will begin erecting the BIG TOP at approximately 8:30 a.m. and everyone is invited to come and watch free of charge. For more information, contact a member of the Women's Division of the Southlake Chamber of Commeme. March 25 will be the 1st Anniversary of Town Square. There will be many activities from 4:00 p.m. to 7:00 p.m., including a parade, fun activities for all ages, street performers in the park, and musical performances. Put this date on your calendar because you won't want to miss this historic event. If anyone is interested in participating in the Birthday Celebration, call Liz Durham at 329- 5566. April 3, at 7:00 p.m. at Johnson Elementary School, will be the annual SPIN sponsored Candidates Forum. The public is invited to attend. During the Mayor's Report, Mayor Pro Tem Gary Fawks shared an event that happened in his family. Fawks stated, "A week ago Monday, I had the occasion to spend a little quality time with the Fire Department and paramedics here at City Hall, when my fourteen year old son broke his arm in two places. As a concemed father driving down SH 114, the fire station was the first thing I though of, where we could get some attention and get his arm demobilized. I want to take this opportunity to thank the people of the Department of Public Safety. They were courteous, they showed concern, they made Christopher feel better, and we can all be proud of having those men and women serving us and I want to take this opportunity to thank them." Regular City Council Meeting Minutes of March 21, 2000 Page 3 of 24 Mayor Stacy presented a proclamation to Courtney Queen, Community Services Coordinator, on behalf of the Community Services Department, naming April 1, 2000 as ARBOR DAY in the City of Southlake, and he urged all citizens to celebrate Arbor Day and to support efforts to protect our trees and woodlands, in Southlake and in Texas. Mayor Stacy announced that there would be activities on Arbor Day at 1:00 p.m. at Bicentennial Park. The public is invited to attend. Councilmember Debra Edmondson asked the Director of Public Works Run Harper about a letter Council received expressing concem about a couple of accidents that the Scott Turnough family had on Continental Boulevard, at the narrow bridge one-quarter mile east of Byron Nelson Parkway. Mr. Turnough stated in his letter, that they wanted to alert the city about the dangerous road situation. Mr. Harper responded that he had received the letter and his staff was looking into ways to make the bridge safer for the motorists. Agenda Item g4-B, City Manager's Report City Manager Billy Campbell reported that delegates fi.om the Department of Public Safety were in Las Vegas this evening solidifying the last process of accreditation for the Department of Public Safety. He said the Department expects to be accredited at the awards ceremony on Saturday night. The City of Southlake will be the first city in the nation with a Department of Public Safety that is fully accredited and we are very proud of that. Mayor Stacy stated this announcement deserves another round of applause for the Department of Public Safety. Agenda Item #4-C, SPIN Report Cameron McCartha, Representative of SPIN #12, gave the SPIN Report. Ms. McCartha thanked the councilmember who attended the Joint City Council/SPIN meeting, noting that they realize it was held during the spring break and that they would try not to do that again next year as many people were out of town for the week. She informed the audience that SPIN is getting ready for two very important events: 1) the first year celebration of Town Square on March 25; and 2) also getting ready for the Candidate's Forum to be held on April 3, 2000. She thanked Councilmember Patsy DuPre for attending the SPIN Retreat, noting that she was a valuable resource for SPIN. She announced that SPIN had elected new officers staring with the year 2000. Chair: Mike Conrad; Vice-Chair Cameron McCartha; Secretary: Kim O'Brien. Mc. McCartha stated she appreciated the opportunity to go before the City Council with her report. Agenda Item #4-D, Park Board Report Cara White gave the Park Board Report and stated they are in the process of reviewing the Master Parks Plan and the Master Trail Plan. Meeting with the consultants enabled them the opportunity to over-lap the meetings on the two plans. She stated the Master Trail Plan was a part of the bond election and the first part of the construction on the trail Regular City Council Meeting Minutes of March 21, 2000 Page 4 of 24 from Bicentennial Park and Southridge Lakes was suppose to start in the next few months. This will provide the board with a better idea on what it will cost to implement the rest of the trails, plus it will show that the money is being spent on trails. The SPIN groups are going to be giving a presentation during the SPIN meetings on the trail construction. She stated the plans for the "entry portal" at Gateway Plaza have been drawn up by the architect of Gateway Plaza [Terry Wilkinson's architect] and he has done a very nice job, according to Ms. White. Phase II of Bob Jones Park is in the process of being planned and the engineering plans are currently being drawn up. This will include: six baseball fields, nature center, day camp facility, amphitheater and the portion of the internal loop road which has the multi-purpose hike and bike trails and the driving trail that goes through it. She stated the Park Board is very busy! Agenda Item #5, Consent Agenda Mayor Stacy announced the consent agenda items. He explained that items listed would be voted on with one vote and if anyone in the audience had a request that an item should not go on the consent agenda, that item would be deleted from the consent agenda and considered separately. He read the consent agenda items into the record, noting that Agenda Item #9-B would be considered separately at the request of Kosse Maykus. 5-A. Approval of the minutes of the Regular City Council meeting held March 7, 2000. 5-B. Resolution No. 00-31, Amending the Personnel Policies Handbook to include a uniform/dress code/grooming policy. 5-C. Authorize the Mayor to enter into an interlocal agreement with Tarrant County for the reconstruction of North Kimball Avenue, from S.H. 114 to Highland Avenue. 5-D. Authorize the Mayor to enter into an interlocal agreement with Carroll Independent School District for park playground and other recreational facilities. SuE. Ordinance No. 480-333, 1st Reading, (ZA 00-008), Rezoning on property legally described as Tract 3D situated in the J.J. Freshour Survey, Abstract No. 521, and being approximately 5.03 acres. Ordinance No. 480-334, 1st Reading, (ZA 00-011), Rezoning on property legally described as Tract 2B, situated in the T.M. Hood Survey, Abstract No. 706, and being approximately 5.358 acres. 5-G. Ordinance No. 775, 1st Reading, Abandonment and quitclaim of a portion of South Kimball Avenue right-of-way at the intersection of Crooked Lane. Ordinance No. 480-332, 1st Reading (ZA 99-139), Rezoning and Site Plan for 114 Kimball Square, on property legally described as Tract lB3 situated in the Samuel Freeman Survey, Abstract No. 525, and being approximately 1.4677 acres. Request to table to April 4, 2000. Regular City Council Meeting Minutes of March 21, 2000 Page 5 of 24 ZA 99-100, Plat Revision for Proposed Lot 1R2-1, W.W. Hall No. 695 Addition, on property legally described as Lot 1R2, W.W. Hall No. 695 Addition, an addition to the City of Southlake, Tarrant County, according to the plat recorded in Cabinet A, Slide 4545, Plat Reviews, Tarrant County; Lot 1, Block 9, Southlake Town Square an addition to the City of Southlake, Tarrant Cotmty, Texas, according to the plat recorded in Cabinet A, Slides 4892 & 4893, Plat Records, Tarrant County, Texas; and a portion of the abandoned North Carroll Avenue right-of-way; and being approximately 1.982 acres. ZA 99-101, Preliminary Plat of Lots 1 & 2, Greenway-Carroll Avenue, on property legally described as Tract lA situated in the Richard Eads Survey, Abstract No. 481, and being approximately 10.559 acres. 9-A. Resolution No. 00-32, Authorizing the purchase of rights-of-way needed for implementation of the Traffic Management Bond Program. 10-A. Authorizing the Mayor to grant a twenty-foot parking easement on City property to EPIPD-Crossroads Square, L.P. (Tom Thumb) Request to table. 10-B. Authorizing the Mayor to grant a parking easement on city property, and to enter into a "no-build" easement agreement with EPIPD-Crossroads Square, L.P. Request to table. iO-C. Approval of Change Order No. 2 with Jackson Construction, Inc., for the construction of sanitary sewer and roadway improvements along Love Henry Court. 10-D. Approval of Change Order No. 2 with North Texas Contracting, Inc., for the water, paving, and drainage improvements to serve the Sutton Place Addition, Community Development Block Grant (CDBG) Project Nos. B97-UC-48-0001- 60-20 and B98-UC-48-0001-60-05. 10-E. Consider modifying the allocation ratios of the City set forth by the Public Utility Commission (PUC). Motion was made to approve the consent agenda as follows: Agenda Item #5-A, #5-B, to include the changes as presented by the City Manager during Work Session; Item #5-C, #5-D, #5-E, #5-F, #5-G, #5-H, to table to April 4, 2000; Item #8-C, ZA 99-101, the preliminary plat, subject to Plat Review Summary No. 4, dated March 3, 00 and subject to the recommendation of the Planning and Zoning Commission which is granting relief of Item #1 [the utility easement locations], Item #9-A, for the parcels shown in the memorandum; Item #8-B, ZA 99-100, Plat Revision subject to the Plat Review Summary No. 4, dated March 3, 2000, and subject to dedication of the deceleration lanes meeting the approval of the City Engineer; Agenda Item #10-A, and #10-B, to table [Kevin Hugman stated they are not asking for a date at this time but they are planning on the April 4, 2000 City Council meeting]; #10-C, approving the change order #2, to Regular City Council Meeting Minutes of March 21, 2000 Page 6 of 24 $39,393.25, approving a sewer line extension on Shady Oaks Drive; Agenda Item gl0-D, Change Order No. 2, in the amount of $17,777 and authorizing staff the ability to spend an additional $5,000 for unforeseen changes; Item #10-E, modifying the allocation ratios of the City set forth by the PUC. Motion: DuPre Second: Fawks Ayes: DuPre, Fawks, Edmondson, Potter, and Stacy Nays: None Approved: 5-0 vote ADDITIONAL INFORMATION REGARDING CONSENT AGENDA ITEMS 5-A. Approval of the Minutes of the March 7, 2000 City Council meeting. The minutes were approved with minor additions. Resolution No. 00-31, Amending the Personnel Policies Handbook to include a uniform/dress code/groomingpolicy. This policy incorporated a number of related issues into one policy including uniform, dress code, and grooming guidelines. The uniform, dress code, and grooming policy has been developed atter identifying the need to adopt a consistent policy for the City of Southlake organization. The policy includes a definition of business dress for non-uniformed employees to maintain a professional, business-like and clean appearance. It also defines casual dress, which allows non-uniformed employees to dress in a neat and professional appearance that is considered less formal than the standard business dress. Other aspects of the policy include wearing clothing with city logo outside of work, and turning in uniforms or city logoed shirts upon terminating employment from the City of Southlake. The policy will also include the amendment to Section 6.0 as noted in the work session portion of the minutes as requested by City Manager Billy Campbell. Authorize the Mayor to enter into an interlocal agreement with Tarrant County for the reconstruction of North Kimball Avenue, from SH 114 to Highland Avenue. Tarrant County has committed to reconstruct North Kimball Avenue from Highland Street to SH 114. The City has committed to paying for the engineering, testing, and material costs for the reconstruction of North Kimball Avenue. The City will also provide traffic control during the project. The engineering and design for the reconstruction of North Kimball Avenue is underway and should be completed by April 2000. Tarrant County has scheduled this project to begin in May 2000 with an estimated completion date of August 2000. The project scope will include constructing a two-lane, 22' wide roadway. The radii will be increased at the intersection of Highland Avenue to provide for improved turning movements. TxDot plans to begin the reconstruction of the portion of SH 114 that includes the Kimball intersection on March 15, 2000. During the construction ofSH 114, TxDOT plans to reduce traffic to two lanes on North Kimball Avenue. Included in this project is reconstructing North Kimball to provide five lanes of traffic north of SH 114. The five lanes will extend a distance Regular City Council Meeting Minutes of March 21, 2000 Page 7 of 24 5~E. 5-0. of 200' north off of SH 114 before transitioning back to two lanes. The construction materials and testing costs will have to be funded from the CIP budget. The estimated cost for materials and testing is $125,000. City personnel from the Street Department will be used to provide traffic control during the reconstruction of North Kimball Avenue. Since Tarrant County is providing the labor to reconstruct North Kimball, the City is saving an estimated 50-70% in construction costs. Authorize the Mayor to enter into an interlocal agreement with Carroll Independent School District for park playground and other recreational facilities. The Interlocal Agreement for Park, Playground, and other Recreational Facilities is a tool to guide the implementation of joint use facilities between the City of Southlake and the Carroll Independent School District. Section VIII of the agreement specifies a periodic review to revise and/or update the agreement. The proposed revisions to the Interlocal Agreement are: Changes in the annual scheduling periods for joint use facilities; · Establishing a process to address shared maintenance [both minor and maj or maintenance items]; · Clarifying the user responsibilities of each party, including the establishment of an event report form; · Providing an updated listing of joint use facilities and detailed site plan of each; · Specifying a time period for review and revision of the agreement and exhibits. A copy of the exhibits attached to the agreement is hereby included in the minutes of this meeting. Ordinance No. 480-333, ]st Reading, (ZA 00-008), Rezoning on property legally described as Tract 3D situated in the J..J. Freshour Survey, Abstract No. 521, and being approximately 5.03 acres. Current zoning on the property is "AG" Agricultural District with a requested zoning of "SF-1A" Single Family Residential District. Owner and Applicant: Sreekumaran K. Nair. The public hearing is set for April 4, 2000. Ordinance No. 480-334, Ist Reading, (ZA O0-O1D, Rezoning on property legally described as Tract 2B, situated in the T.M. Hood Survey, Abstract No. 706 and being approximately 5.258 acres. Current zoning is "AG" Agricultural District with a requested zoning of "RE" Residential Estate District. Owners and Applicants: Kenneth and Lon'ie Hill. The publie hearing is set for April 4, 2000. Ordinance No. 775, lStReading, Abandonment and quitclaim of a portion of South Kimball Avenue right-of-way at the intersection of Crooked Lane. The construction plans for South Kimball Avenue from Crooked Lane to the Heritage Business Park are being developed. The right-of-way for this section of South Regular City Council Meeting Minutes of March 21, 2000 Page 8 of 24 Kimball was dedicated by plat in 1974. Following the survey for the design of South Kimball, it was discovered that the potion of right-of-way for South Kimball on the south side of Crooked Lane was offset and not aligned with the existing right-of-way of South Kimball north of Crooked Lane. Therefore, additional right-of-way for South Kimball was required on the south side of Crooked Lane to align the roadway at the intersection. The property owner [Mr. James Lunsford] on either side of the existing South Kimball right-of-way south of Crooked Lane has dedicated the required fight-of-way to align the roadway. This portion can be abandoned and quitclaimed to the property owner in consideration for the additional right-of-way he dedicated to align the intersection. Ordinance No. 480-332, 1st Reading, (ZA 99-139), Rezoning and Site Plan for 114 Kimball Square, on property legally described as Tract lB3 situated in the Samuel Freeman Survey, Abstract No. 525, and approximately 1.4677 acres. Current zoning is "C-3" General Commercial District with a requested zoning of "S-P-l" Detailed Site Plan District with "C-3" General Commercial District uses. Owner and Applicant: 114 Kimball Square, Ltd. This item was tabled to April 4, 2000 City Council meeting. ZA 99-100, Plat Revision for proposed Lot 1R2-1, W.W. Hall No. 695 Addition, on property legally described as Lot 1R2, }K. PK. Hall No. 695 Addition, an addition to the City of Southlake, Tarrant County, Texas, according to the plat recorded in Cabinet A, Slide 4545, Plat Records, Tarrant County, Texas; Lot 1, Block 9, Southlake Town Square, an addition to the City of Southlake, Tarrant County, Texas, according to the plat recorded in Cabinet A, Slides 4892 & 4893, Plat Records, Tarrant County; a portion of the abandoned North Carroll Avenue right-of-way and being approximately 1.982 acres. Current zoning is "S-P-2" Generalized Site Plan District with "O-1" Office District uses and "NR-PUD" Non-Residential Planned Unit Development District with "C-3" General Commercial District uses. Applicant: Greenway-Southlake Office Partners. Owners: Greenway-Southlake Office Partners L.P. and Cooper and Stebbins, L.P. This item was approved subject to the Plat Review Summary No. 4, dated March 3, 2000, and subject to dedication of the deceleration lanes meeting the approval of the City Engineer. ZA 99-101, Preliminary Plat of Lots 1 & 2 Greenway-Carroll Addition, on property legally described as Tract iA situated in the Richard Eads Survey, Abstract No. 481, and being approximately 10.559 acres. Current zoning is "C-3" General Commercial District. Owner and Applicant: Greenway-Carroll Road Partners, L.P. This item was approved subject to the Plat Review Summary No. 4, dated March 3, 2000, and subject to the recommendation of the Planning and Zoning Commission, which is granting relief of Item #1, the utility easement locations. Regular City Council Meeting Minutes of March 21, 2000 Page 9 of 24 IO-A. IO-C. IO-D. Resolution No. 00-32, Authorizing the purchase of rights-of-way needed for implementation of the Traffic Management Bond Program (TMB). The citizens of Southlake approved the Traffic Management Bond Program on May 1, 1999. On September 7, 1999, the City Council approved a professional services agreement with HNTB Corporation for the program management of the bond program. Part of the program management plan is the acquisition of necessary right-of-way. The total cost of the acquisition of right-of-way for the TMB program is estimated to be $3,950,000. This item was approved for the parcels shown. and 10-B. Authorizing the Mayor to grant a twenty-foot parking easement and to enter into a 'no-build' agreement with EPIPD-Crossroads Square, L.P.(Tom Thumb). Both items were tabled. Approval of Change Order No. 2 with Jackson Construction, Inc. for the construction of sanitary sewer and roadway improvements along Love Henry Court. The construction of the sanitary sewer for this project began on February 21, 2000. This project includes constructing the sanitary sewer along Love Henry Court to Shady Oaks Drive. Eventually in the future, the City or a developer could extend the sewer along Shady Oaks north of Love Henry Court, which would serve some of the properties along Shady Oaks. The original contract for the paving and sanitary sewer improvements was $365,253.00. This includes construction of a sidewalk along Love Henry Court. The City Council directed staff to eliminate the sidewalk from the contract. This was accomplished by Change Order No. 1 and reduced the contract by $27,192. The costs associated with this project, including Change Order No. 1 and Change Order No. 2 are tabulated below: · The original contract amount was $365,253. · The engineering, surveying and testing cost was $24,020. · Change Order No. 1 was $27,192. · Change Order No. 2 is $39,393.25 Therefore, the cost for the project totals $401,474.25, which is $42,474.25 over the budgeted amount of $359,000. The cost overrun will have to be funded using available funds that exist from projects that were below budget. This item was approved to $39,393.25, approving a sewer line extension on Shady Oaks Drive. Approval of Change Order No. 2 with North Texas Contracting, Inc. for the water, paving and drainage improvements to serve the Sutton Place Addition, Community Development Block Grant (CDBG) Project Nos. B97-UC-48-O001- 60-20 and B98-UC-48-O001-60-05. The City is participating with Tarrant County to install a storm drainage system, install an 8-inch water line, and reconstruct Sutton Place, as part of a Community Development Block Grant (CDBG) Program. As construction proceeded, several issues have arisen that have necessitated field changes. Some of these changes have resulted in a decrease in the project contract price, while others have resulted in an increase in contract Regular City Council Meeting Minutes of March 21, 2000 Page 10 of 24 price. Change Order No. 2 is comprised primarily of issues that occurred during the construction of the drainage improvements and during the installation of the new 8-inch water line. The amount of Change Order No. 2 is $17,777. A copy of the memorandum presented by Shawn Poe, Senior Civil Engineer dated March 17, 2000, is hereby attached to the minutes of this meeting. 10-E. Consider modifying the allocation ratios of the City set forth by the Public Utility Commission (PUC). On December 7, 1999, the Council approved Resolution No. 99-81, authorizing the acceptance and filing of the base amount of revenues from the City's telecommunications providers and allocation of the base amount with the Public Utility Commission of Texas. On March 13, City staff received notice from the P.U.C. of the base amount for access line fees reported to the P.U.C. and the rates for access lines within the City. The City may change the base amount or the allocation ratios set forth in the P.U.C. Form, but it must do so before April 1, 2000. Currently, the access line fees for residential and business is $1.42 and $2.00 respectively, per month for each access line. The proposed P.U.D. established maximum fee per access line rates for residential, non-residential and point-to-point (private lines) is $1.17, $2.70 and $4.11, respectively. If Council chooses to accept the P.U.C. allocation, council can change it once every 24 months by notifying the P.U.C. no later than September 1 of each year. Council approved this item modifying the allocation ratios of the City set forth by the P.U.C. Agenda Item #9-B, Resolution No. 00-24, Opposing the Private Property Right Implementation Act, urging the Texas delegation of the U.S. Senate to vote against the bill. Assistant City Manager Shana Yelverton stated in her memorandum dated March 17, 2000, that on March 9, the House Judiciary Committee approved H.R. 2372, the Private Property Rights Implementation Act. The bill went to the full House for approval, where a floor vote occurred on Thursday, March 16, 2000. The bill was approved 226-182. The bill must now go to the Senate, although it's not yet scheduled, and President Clinton has threatened to veto it. Resolution No. 00-24, if approved, is prepared to be sent to the Texas delegation of the United States Senate, as well as the President. Kosse Maykus, a resident of Southlake, asked that this item not be approved on the consent agenda as he wanted to comment to Council regarding this bill. Mr. Maykus stated, "You all are being asked to pass a Resolution in opposition to H.B. 2372, the Private Property Right Implementation Act. First, I would like to make a couple of points. This bill has already passed the House of Representatives in an overwhelming vote strong bi-partism support, democrats and republicans, and to kind of give you a cross section of the bill, on one side, you have Republican Dan Burke [a very very conservative, almost right-wing republican who is a sponsor of this bill] and locally you have Martin Frost who is our democratic representative from Dallas [who is somewhat liberal side] so it does have very strong support. It is not just a one sided bill. The need for this legislation is evidenced by the lower federal courts' overwhelming previous Regular City Council Meeting Minutes of March 21, 2000 Page 11 of 24 position to dismiss land use cases on jurisdictional grounds; such as abstention and rightness before ever heating the merits of the case. One study indicates that over 94% of the cases happen like this. The federal courts won't even decide to hear it. Studies also indicate that it takes a property owner on the average of 8 to 10 years just to secure a hearing on the merits of a federal court case." Mr. Maykus shared a couple of myths and stated, "One myth is that this is bad for cities because it constitutes a massive preemption of local government authority. It would permit landowners and developers to bypass state courts and local planning commissions and City Council and take their land use grieveniences directly to the federal courts. That is not the case. H.B. 2372 does not permit federal courts to get involved in the land use decision making process, nor, does it change the way agencies resolve disputes. Property owners can only get into federal court after the local government has reached a final decision. Final decision is reached only after the property owner makes a series of applications and appeals through the local Planning and Zoning process. Furthermore, the legislation requires the property owner to pursue only federal constitutional issues, not state or local issues in federal court. A function our federal court system has always performed." The second myth is, "The H.B.2372 federalizes land use laws. It dramatically increased the roll of federal courts in the supervising of the decisions traditionally left to state and local governments. It is not a fact at all. It is a procedural bill and does not give the federal any more or less power than it currently has. Federal court now and has always had the responsibility to review the constitionality of actions taken by all actions of governments. Property owners do not want centralized authority over land use decisions. And it is more often the decision, the position, to those opposed to property rights legislation. H.B. 2372 does not define for a court when an unconstitutional taking has occurred nor does it weaken any environmental statute. Our nation needs court reform that allows the property owner the same access to federal court that other federal claims have. If an individual claims that his constitutional right to free speech has been violated, he can take that directly to the federal court. By contrast, property owners whose property rights have been infringed on are often forced to take their case through years of state administration and court battles before getting access to federal court, even when they allege federal claims. This reform is simply about fairness." Mr. Maykus asked the City Council to not pass this resolution tonight but to consider studying it further. He stated he appreciates the City Council's consideration on this issue. City Attorney, E. Allen Taylor Jr., stated, "I am at a loss to explain where Mr. Maykus acquired some of his information. It does not comport with what the text or the bill says, or the legislative history of the bill. Basically, what happened and the reason it came about the way it did was that it was a stilted bill. The proponents of this particular legislation did not bring it through the House Inter-Governmental Affairs Committee. They did not bring it through the Natural Resources Committee; they did not bring it to the committees or institutions in the House of Representatives that deal with land use issues. They did not bring it to the committees that deal with the roll of local government in land use areas or environmental areas. They wondered it into the Congress as a Regular City Council Meeting Minutes of March 21, 2000 Page 12 of 24 procedural amendment to a jurisdictional statute on the federal rules of civil procedure and presented it to the House Judicial Committee. The people involved with evaluating impacts on local land use regulations and the rolls of the city in protecting the rights of citizens were simply not brought into the loop. They went through a different loop and that is when the National League of Cities became aware of this bill at the last minute and began to try to mobilize opposition. That was the first inconsistency here. It isn't that this passed overwhelming by the House that was necessarily fully informed; it was presented as a procedural jurisdictional issue on federal court rules. That is far from what it actually was. The bill was drafted and sponsored by the National Association of Home Builders. A representative of Florida presented it. What the bill does is, it essentially takes local land use decisions away from a mandatory local review and allows them to be presented first in federal district court. One of the difficulties I have with what the gentlemen just presented is, there is a big difference between presenting federal constitutional claims in a federal court as a matter of primary jurisdiction. The problem here is, all of the federal courts all the way up to the United States Supreme Court, agree land use decisions are property decisions. All property law is local law. It is mandated by the state. The laws of real property and real property uses in Texas are not those found in Delaware or those found in Florida. They are adopted by local state legislatures based upon local legislative requirements and codes. Local courts are more familiar with that legislation and with local land use issues and have been, by the terms of the United States Constitution, given preeminence in litigating those matters. If you have a property dispute you litigate in State Court, unless there is diversity in citizenship and then it has to go to federal court because one state court cannot control both citizens." The gentleman is correct, it does not change the underlying federal method of valuing what constitutes a taking, but what it does is that it radically changes the jurisdiction venue." Mayor Stacy asked the City Attorney if there was an urgency of time to pass a resolution like this? Mr. Taylor stated, "Yes, because this bill was slipped in and moved very rapidly through the Committee and the House without anyone being aware of the impact and urgency. Taylor stated it can wait as long as the City Council wants to wait, but if Council has a strong feeling about it, it's better to go forward now so the Senate will not consider action without being aware of the City's concern." Mayor Stacy stated he would feel better about approving this if Councilmember Kendall were present because of her link to the Federal Judge and they might have an opinion on this. Councilmember Patsy DuPre stated she has no problem supporting this resolution at this time. I think this needs to stay at the local level as opposed to being decided on at a federal level. "I respect the gentleman's opinion, but I also have to recognize that he is in the business of developing, and part of the homebuilders of Fort Worth or Dallas and I understand where his concern is, but I think this needs to stay on a local level." Councilmember Rex Potter stated he feels we should be leading the forefront and going out and saying this is ridiculous and that we should keep it at the local level. Regular City Council Meeting Minutes of March 21, 2000 Page 13 of 24 Councilmember Debra Edmondson stated, "I don't feel like I have complete information about when the bill was introduced, but what I do have is my limited knowledge of the bill (and this is something that I do follow) and I do think regardless of when the National League of Cities found out, I have information fi.om the National League of Cities that this is a threat to local control. The National League of Cities' entire reason for being is to protect rights of cities. This is something I see that could directly effect what this Council is trying to do in Southlake. Because many times we have been willing to step out and stand up and do something different. And in reading from our neighboring city of Keller, their City Manager was quoted as saying this is a direct attack on local control and I don't see this as taking away any rights of any property owners because the local courts know the situation better. I feel strongly, but I feel strongly that this is something that we need to go ahead and pass and keep it on the local level." Mr. Maykus stated, "It looks like Council is going to go ahead and pass this resolution. I want to say that I hope that one of these days the rights of cities do not supercede the rights of individual property owners. And I think that this is what this is all about. All I would ask you to do, is to wait until you can get a little more information before passing this." Motion was made to approve Resolution No. 00-24. Motion: Fawks Second: Edmondson Mayor Stacy stated he would abstain because of Council being two members short. Ayes: Nays: Abstention: Approved: Fawks, Edmondson, Potter, and DuPre None Stacy 4-0-1 vote Agenda Item #6, Public Forum No comments were made during the public forum. Agenda Item #7-A, ZA 99-143, Site Plan for IHOP Restaurant ZA 99-143, Site Plan for 1HOP Restaurant, on property legally described as Lot 6R, Block A, Southlake Bank Place, an addition to the City of Southlake, Tarrant County, Texas, according to the plat recorded in Cabinet A, Slides 4546 & 4547, Plat Records, Tan'ant County, Texas, and being approximately 1.666 acres. Current zoning is "C-3" General Commercial District. Applicant: Monsanto & Associates. Owner: IHOP 1419, Inc. Regular City Council Meeting Minutes of March 21, 2000 Page 14 of 24 Senior Comprehensive Planner Chris Carpenter made the presentation stating that notification was sent to two (2) property owners with the 200' notification area and no responses have been received. Mr. Carpenter stated on March 9, 2000 the Planning and Zoning Commission approved this site plan (7-0 vote), subject to the Site Plan Review Summary No. 2, dated January 28, 20000, waiving Item #1 allowing the parapet type construction as shown; #2 (5' bufferyard adjacent to the property line along rear of the lot); #3 (minimum 100' driveway throat depths); adding Item ~4 (requiring a common access easement to be dedicated along the northwest driveway that would provide access back to the platted easement on the southwest portion of the property, and also a stub into the lot to the northwest); and making the colored rendering submitted this evening part of the submittal. Tom Jones, Civil Engineer for the project and the applicant. Mr. Jones stated they are accepting the recommendation of the Planning and Zoning Commission. Councilmember Debra Edmondson commented that this site was not immediately adjacent to Kirby's Restaurant, and that she thinks that Kirby's is an extremely good looking building and that it presented a very nice picture to what is the other gateway to our community. She stated she appreciated very much the changes that the applicant had made to the original plan, but that she had a real concern about the amount of"blue" that they were showing on the building. She stated, "I was driving by Kirby's today and in looking at this plan, I think if you were to consider [the blue line going across the picture and the blue cap and the blue awnings] the look of Kirby's with the brushed stone." Mr. Jones stated, "Kirby's looks just like Kirby's and what we are trying to do is just like Eckerd's has its statements, and Blockbuster has its blue awnings, and this is IHOP's statement, and it adds to their statement." Ms. Edmondson stated she understood that and the Eckerd's looks very different in our city. She asked Mr. Jones if IHOP has the "brushed stone" [we will call it for lack of a better term] running across the top of the building and did the "cap" in a more neutral tone, maybe--. Mr. Jones said it was more than just the sign -- it is the awnings and the tower cap, which are part of the signage in concept. Mr. Jones stated the presented plan was their new prototype and what they have done in the city of Lewisville was this new look. Mr. Jones stated all the architecture that had gone into this is part of the "old town theme" that IHOP is now doing in some cities and have brought to Southlake. Councilmember DuPre stated, "What if they just consider changing the awning color to another color?" Mr. Jones stated, "This is IHOP and that the tower cap is not lit." Councilmember Gary Fawks asked, "This building calls for a pitched roof and you have asked for a variance to the pitched roof." Mr. Jones stated this was the new style with more accent columns and less blue. Fawks asked about the fire safety devices in the building. It was determined that this building falls under all the fire safety requirements. There was no fire suppression in the building, only in the kitchen area, as required by code. Regular City Council Meeting Minutes of March 21, 2000 Page 15 of 24 PUBLIC HEARING: No comments were made during the public heating. Councilmember Patsy DuPre stated, "I get the impression that there are members of the City Council that are not happy with any of the blue. I've heard from one person who was not happy with the blue, but I have heard from a lot of people who like the idea of having an IHOP come to town. Even though I am not real happy with the blue, the fact that there is no complete roof over there, makes me more comfortable with adopting this with the smaller amount of blue. I don't have the feeling that we have that with some other Councilmembers." Councilmember Edmondson stated, "I was at something today and brought this up and I had an opposite reaction, so it depends on with whom you are speaking. I think IHOP is fine and he made the comment that Kirby's is Kirby's and I think that is tree to some degree and I think that that is a very good looking building. I do not feel it is unreasonable to ask them to change their colors on this building. There are special districts in certain parts of the country that adopt a certain look and when stores come in, they are willing to change that look to fit the area. I just don't think that this is an unreasonable request to ask them -- they will still have the II-IOP sign -- to look at using some more neutral colors in particular the roof cap and the blue line. The blue awnings, that is something we might want to think about compromising on. I am very disappointed." Mayor Stacy asked her if the "blue" was a deal killer for her and she responded that she thought it was. Randy Hayden was asked if the blue was a deal killer for him. He stated, "If you look at the percentage of area on the building that is shown, and if you take any other business that has a color in their business [of which IHOP has a color in their business]; if you took Blockbuster and the pementage of blue awning in their building and take the comparison of the size of this building and the percentage of blue, we are a lot lower percentage wise." Councilmember Gary Fawks commented on the variances that the applicant was asking for and stated he was disappointed that they do not have a better spirit of cooperation here. Mr. Hayden stated this project has taken a long time, and in a couple of weeks they were able to convince the owners to go with brick on the outside of the building. This is the newest IHOP concept. He stated the color blue shown, is darker than the actual blue on the building. Councilmember Gary Fawks stated he appreciated the progress that had been made in going from stucco to brick. The building is very plain compared to Kirby's, it is boxy and square. Councilmember Rex Potter stated, "I think it is a shame what we are doing here. That is our portal here, and it sounds silly that we are talking about blue. It is not only the blue, it is the flat roof and we have changed all our ordinances because we didn't want this type of building." Regular City Council Meeting Minutes of March 21, 2000 Page 16 of 24 Councilmember Edmondson stated, "I am just one person, I could work with him on the awnings, but looking at that picture that got passed around, I'm more convenienced than ever I don't want that blue cap and the lines across the top are not attractive. To do your cap in a copper or more of a neutral tone ---, over and over again we have asked companies to do something different, and I feel very strongly about this blue cap. I don't think it detracts fi:om IHOP. I think that it makes a statement that IHOP understands that in Southlake we do things differently and that they want to work with us on that." Councilmember Patsy DuPre stated she understood what Debbie was saying, but also there are people wanting more restaurants and she thinks there has been a lot done with this particular elevation to meet the desires of the City. She said, "Grant it the blue caps might not be the most desirable, but it is not a full roof blue cap, it is only the cap. I don't know if it will make a difference, but I am going to make a motion." Motion was made to approve ZA 99-143, Site Plan for IHOP, subject to the Site Plan Review Summary No. 4, dated March 17, 2000; and any changes that were made by the Planning and Zoning Commission. Motion: DuPre Second: Fawks Councilmember Fawks stated he was reluctantly going to vote for this because the biggest variance up for discussion was the pitched roof and essentially the response to that concem was that they could make it a really big pitched roof and unfortunately that would meet city ordinances. Fawks commented, "I'm disappointed that there was not a better spirit of cooperation here, and I recognize that it meets the ordinances on most phases, and if I made you meet the ordinances on the balance of the issues, you could make it look even worse." Councilmember DuPre states she would like for the blue to be as light a blue as possible. Councilmember Rex Potter stated he feels as though he has been threatened on this as far as you get an ugly building if you don't--I feel as though you need to have a spirit of working together. Fawks stated if this were a zoning case, he would have a different opinion on this. Councilmember Debra Edmondson stated, "I like IHOP and Patsy made the statement that we need more restaurants. Yes we do, but I want to make it clear that I am not going to support this at this time, but it's not because I don't like IHOP or that I don't think we need more restaurants. We are all working to try to get a different look here and I know that companies will move fi:om their standard local design to meet local codes. To make it clear, it has nothing to do with IHOP." Councilmember Patsy DuPre stated, "I would like to add that I consider myself a proponent for good looking buildings in Southlake, but I also don't want my Regular City Council Meeting Minutes of March 21, 2000 Page 17 of 24 personal taxes to go up, and they will if we keep tuming down businesses that come to Southlake. I realize that this is a blue roof and I don't like it that much, but we need a bigger commercial base to pay for what the citizens have asked us to do in Southlake, and I don't find this one so offensive that I will vote to mm it down. I would have tumed down the first one that had the big blue roof. It is a point that I have and I have had a lot of people say that they are excited about IHOP coming to Southlake." Mr. Hayden stated the eap flashing can be changed to the color of the brick or a brushed stone and it would basically make it go away. Ms. Edmondson stated she would change her vote based on this change. Ayes: Nays: Approved: DuPre, Edmondson, Fawks, and Stacy Potter 4-1 vote Agenda Item #7-B, ZA 99-116, Site Plan for Shady Oaks Center ZA 99-116, Site Plan for Shady Oaks Centre, on property legally described as Tract 2C situated in the Hiram Granberry Survey, Abstract No. 581, and being approximately 2.955 acres. Current zoning is "S-P-2" Generalized Site Plan District with certain "O-1" Office District uses. Applicant: CMPA, Inc. Owner: Paragon-Eagle. Senior Comprehensive Planner Clads Carpenter stated that seventeen (17) notices were sent to property owners within the 200' notification area and four (4) notices were received, including: Charles D. and Cindy Yandell, 204 Canyon Lake Drive, opposed; Brenda Sweeney, 100 Clear Lake Court, Southlake, in favor; Glenn E. Mock, 101 Springbrook Court, Southlake, oppose& and Timothy Huckabee, DDS, 505 West Southlake Boulevard, Southlake, opposed. On March 9, 2000 the Planning and Zoning Commission approved (6-0) vote, subject to the Site Plan Review Summary No. 3, dated February 11, 2000, and subject to the following: · The fence is going to be a single, brick, 8' tall pre-cast concrete cap on both the top of the wall and the pilasters; with the pilasters being 24"X24" square, 20" on center, continuous concrete footing under the fence with piers under the pilasters and piers at mid-beam under the wall; general brick, Camelot colored with the face side of the brick towards the homeowners; · The light poles will drop in height from 20' to 12'; lights will drop from 250-watt to 150-watt; all of the lights will be on timers to go off at 9:00 p.m. with the exception of the security lighting that will be on from dusk to dawn and will consist of two lights that will be located as shown on the plans; on the front center of Building B facing east and on the front center of Building A facing north; · The fence will be maintained in perpetuity by the developer; Regular City Council Meeting Minutes of March 21, 2000 Page 18 of 24 · The fence disposition agreements shall be completed within 15 days of groundbreaking; · Requiring a five workday notice prior to the physical construction or removal of the fence; · Requiring all landscaping to be put in at the same time, and · With respect to Lakecrest on the east side of the property, requiring an 8' shadowbox fence with metal posts supporting it. Larry Flynn, 304 Sterling Court, Southlake, applicant. Mr. Flynn was present to answer questions from the Council and was representing the applicant and the owner. He stated he concurred with everything that the staff member stated. He stated he was pleased to report that they did reach a total agreement with neighboring homeowners for this development. Mayor Stacy asked Mr. Flynn about the driveway agreements and asked if that had been worked out. Mr. Flynn stated he was not familiar with the driveway agreement. He stated he did have the understanding that the City Council would deal with Dr. Huckabee's driveway. Councilmember Gary Fawks asked Mr. Flynn if he had any idea what would be the impact on the development if the driveway were not put near the traffic signal? Mr. Flynn stated he did not feel it would be a major issue for the development. He thought it would be more of an issue for the City itself to have a driveway offset fifty or sixty feet from an [signalized] intersection. Councilmember Rex Potter stated, "There has been a great deal of discussions between you and the homeowners regarding this wall, and I noticed in your correspondence that the wall would look like the wall at Stone Lakes Subdivision." It was established that the architect for the development made the comments. A discussion was held regarding the thickness of the brick. Councilmember Patsy DuPre stated she had a conversation with Ms. Glenn Mock who lives in Timber Lake regarding the fence and they are under the understanding that there will be a fence agreement signed within 15 days of the groundbreaking. Mr. Flyrm stated they would make every effort to try to have that done. PUBLIC HEARING: Mary Dominquez, 209 Lake Crest Drive, Southlake. Ms. Dominquez stated she was the SPIN liaison for Lake Crest Addition. She stated she wanted to address the driveway issue. At past SPiN meetings it was the consensus of the citizens [if possible] to close Dr. Huckabee's driveway and utilize the light at the Shady Oaks intersection. She stated the reasons for this request. She stated she had conversations with Mike Conrad earlier this evening and asked that the five additional items, from previous P & Z meeting motion, which did not make this version, be read into the record: They include: Regular City Council Meeting Minutes of March 21, 2000 Page 19 of 24 · Security lighting at the rear of the buildings to be no more that 6' from the ground with motion detectors and 100 watt bulbs (will need to meet City code); · Office hours as deeded with the property; · Property line fencing built to avoid damaging existing large trees; · All lighting placed and directed to have zero foot candles at the property lines which abut homeowners; · Recommendation for City Council to close the existing entrance to the neighboring commercial property and move the entrance to the Shady Oaks stop light on F.M. 1709. Councilmember Gary Fawks stated he was aware that this had taken many SPIN meetings to come this far and he appreciated the work done on the issue. Ms. Dominique stated that all the homeowners are very happy with the conclusion thus far. Mayor Stacy stated, "It is not Dr. Huckabee's fault that they have this development plan, and it should not cost him money. Would you be willing to pay for the island for Dr. Huckabee?" Mr. Flynn stated he would be willing to pay for the island for Dr. Huckabee. Motion was made to approved ZA 99-116, Site Plan for Shady Oaks Centre, subject to the Site Plan Review Summary No. 4, dated March 17, 2000; approving with the stipulations that the Planning and Zoning Commission indicated in their motion made of March 9, adding the five items that Ms. Dominique read into the record tonight; with the exception of #5 [closing the existing entrance to the neighboring commercial property and move the entrance to the Shady Oaks stop light on F.M. 1709]; accepting Mr. Flynn's commitment to pay for the island; and Dr. Huckabee's driveway in order to convert that to a right-in and right-out; with the changes noted in the P&Z motion as follows: changing from 20" to 20' on center in the first point; adding general king-size "Camelot" style colored brick; noting that all the fencing would be maintained in perpetuity by the developer; and that the 8' shadowbox fence would be stained to match the existing fence and metal posts in concrete footings supporting it. Motion: Second: Ayes: Nays: Approved: Edmondson Potter Edmondson, Potter, Fawks, DuPre, and Stacy None 5-0 vote Agenda Item #7-C, ZA 00-015, Revised Site Plan for Lot 3, Block 1, Gateway Plaza Addition. ZA 00-015, Revised Site Plan for Lot 3, Block 1, Gateway Plaza Addition, on property legally described as Lot 3, Block 1, Gateway Plaza Addition, an addition to the City of Southlake, Tarrant County, Texas, according to the plat recorded in Cabinet A, Slides Regular City Council Meeting Minutes of March 21, 2000 Page 20 of 24 5265 & 5366, Plat Records, Tarrant County, Texas, and being approximately 32.0 acres. Applicant: O'Bfien & Associates. Owner: Lincoln Property Company. Senior Comprehensive Planner Chris Carpenter made the presentation noting that seventeen (17) notices were sent to property owners within the 200' notification area and no responses were received. The Planning and Zoning Commission approved this item on March 9, 2000, (6-0) vote, subject to the Revised Site Plan Review Summary No. 2, dated March 3, 2000, waiving Items #3.e (150' minimum throat depth for Drive C6). Terry Wilkinson, Wyndham Properties, $outhlake. Mr. Wilkinson stated he was comfortable with the way the Planning and Zoning Commission approved this Revised Site Plan. He explained the new configuration for the driveways and stated this fixes everyone's problems with the driveways and the flow of the property. PUBLIC HEARING: No comments were made during the public hearing. Motion was made to approve the Revised Site Plan subject to the Revised Site Plan Summary Review Letter #2, dated March 17, 2000; incorporating the recommendation made by the Planning and Zoning Commission and amending staff comment Item #3A [omitting the common access easement to the Tate property] as stated tonight. Motion: Potter Second: Fawks Ayes: Potter, Fawks, DuPre, Edmondson, and Stacy Nays: None Approved: 5-0 vote Agenda Item #8-A, Ordinance No. 480-335, 1st Reading, (ZA 99-099), Rezoning and Concept Plan Ordinance No. 480-335, 1st Reading, (ZA 99-099), Rezoning and Concept Plan on property legally described as Lot 1R2, W.W. Hall No. 695 Addition, an addition to the City of Southlake, Tarrant County, Texas, according to the plat recorded in Cabinet A, Slide 4545, Plat Records, Tarrant County, Texas; Lot 1, Block 9, Southlake Town Square an addition to the City of Southlake, Tarrant County, Texas, according to the plat recorded in Cabinet A, Slides 4892 & 4893, Plat Records, Tarrant County, Texas; and a portion of the abandoned North Carroll Avenue right-of-way; and being approximately 1.982 acres. Current zoning is "S-P-2" Generalized Site Plan District with "O-1" Office District uses and "NR-PUD" Non-Residential Planned Unit Development District with "C-3" General Commercial District uses. Requested Zoning is 'S-P-2" Generalized Site Plan District with "O-1" Office District uses. Applicant: Greenway-Southlake Office Partners, L.P. Owners: Greenway-Southlake Office Partners, L.P. and Cooper & Stebbins, L.P. Senior Comprehensive Planner Chris Carpenter made the presentation stating that ten (10) notices were sent to property owners within the 200' notification area and one (1) response was received from Juergen Strunck, P.O. Box 92685, $outhlake, in favor, "The Regular City Council Meeting Minutes of March 21, 2000 Page 21 of 24 zoning requested will bring Crestwood Office Park Phase II into the same zoning as Phase I. My wife and I accepted this zoning when first approached about the development of the properly to the south o fours." Councilmember Gary Fawks asked if staff had any comments to make regarding the traffic movements? Director of Public Works Ron Harper stated, "As I indicated in the work session, we would like to reserve being able to look at the deceleration lane which was requested by the Planning and Zoning Commission, for the driveway in the middle of the property. For the driveway off of North Carroll Avenue, as Council will remember with the first phase of this development, the driveway was moved as far north as they could on their existing site for the eventuality that they would be coming up North Carroll Avenue. That would have to be a right-in, right-out off of F.M. 1709, but we would have to reserve some judgment as to whether the deceleration lane would be required. I feel we will need to take a better look at the situation, as it came right out of the P & Z." David Smith, Civil Engineer with Graham and Associates. Mr. Smith stated he would answer questions from the City Council. Mayor Stacy asked Mr. Smith to address the need for these driveways and the way the traffic would flow. Mr. Smith stated, "When North Carroll was located further to the east, the access to North Carroll Avenue was cut off. The access drive basically stopped where North Carroll Avenue filled in, so now there is no access. Since the meeting, that has to be a fight-in, right-out only drive, and there will only be one full access drive which is needed to help with the flow of traffic." Gary Martin, architect for the project. Mr. Martin addressed the parking issues stating they were asking for a variance to the number of parking spaces and that they are two spaces short of the requirement of the codes. Juergen Strunck, P.O. Box 92685, Southlake, Texas. Mr. Stnmck stated he had no comment, but referenced the letter he wrote to the Planning and Zoning Commission, in which he stated, "I understand and accept the need of Greenway-Southlake Office Parmers, L.P. to have access to Carroll Avenue. In conversation with Mr. Pigg and Kirk I have indicated that my wife and I would not object to the proposed location of the driveway to Carroll Avenue. I do, however, have concerns about alternate A of the concept plan. To my view, the close proximity of the proposed Carroll Avenue access driveway to the intersection of Carroll and Southlake Boulevard, makes a drive-thru bank and its to be anticipated active traffic, problematic. I know from my own experience of entering Carroll Avenue from my driveway that this comer is dangerous and it should not get more so with the type of traffic a drive-thru-bank would create. I also feel that such a bank comes as close to resembling a retail space in terms of who will use its facility as one can imagine. An office park with offices like those of Phase I are certainly more desirable to us who live across the fence from them." Motion was made to approve Ordinance No. 480-335, 1st Reading, (ZA 99-099), subject to the Concept Plan Review Summary No. 4 dated March 3, 2000; accepting Alternate Plan "B," deleting "Drive-thru Banks" as a permitted use, allowing driveway spacing Regular City Council Meeting Minutes of March 21, 2000 Page 22 of 24 along Carroll Avenue as proposed, allowing right-in/right-out drive on F.M. 1709 as shown, requiting appropriate dedication for a decel lane once the shoulder is gone, subject to City Engineer's recommendation, waiving the 5' Type 'A' bufferyard along west, granting a variance for 2 parking spaces and requiring no parking forward of the 50' building line. Motion: Fawks Second: DuPre Ayes: Fawks, DuPre, Edmondson, Potter, and Stacy Nays: None Approved: 5-0 vote Agenda Item #Il-A, Discussion: Process for Making Appointments to Boards and Commissions This discussion item was placed on the agenda at the request of Councilmember Patsy DuPre who noted, "We discussed this issue back in September a little bit, and we [I] asked the City Secretary to do a survey of how other cities participate in placing people on boards and commissions. This item has been brought back tonight because it is getting close to the time when the City Secretary's office begins advertising for those applications. This is basically to review the application and see if the City Council is interested at all in adding a recruit reception which would be inviting anyone who is interested in serving, to an informal reception setting. [This item is presented to discuss] changing any of the other processes or one of the things would be for Sandy to tell the applicants that they can contact any of the councilmembers as opposed to just applying. Some mention was made of changing the time of the appointments to later rather than tight after the elections. I don't know how Councilmembers feel about this." Mayor Stacy stated it sure would be a challenge to staff, but it sure would take a lot of pressure offof Council if the time for making appointments would be later as opposed to right after the elections. Councilmember DuPre stated she felt they have been working all year to make the appointments at the same time of the year. The City Secretary commented that the terms would all expire in May. Mayor Stacy commented that is a lot of openings at one time. Councilmember Gary Fawks stated the biggest concern that he had with moving the appointments away from the election was not giving the new Council the opportunity to appoint the members to boards and commissions. Councilmember Edmondson stated she agreed with Fawks. He felt the new council should be given the opportunity to make the appointments. Councilmember Fawks stated a possibility would be to have a reception on the night that Council conducts the interviews, having coffee and cake for forty-five minutes and then begin the interviews. Then Council could talk with the applicants informally, then set down and conduct the interviews. Regular City Council Meeting Minutes of March 21, 2000 Page 23 of 24 Councilmember DuPre stated she would not want to eliminate the interviews, she just thinks it is nice to make people feel comfortable before they go into the conference room for the interviews. Mayor Stacy suggested that material be placed in the "City" booth at the Town Square Anniversary celebration for citizens to pick up and become familiar with the boards and conunission duties before applying. Councilmembers liked this suggestion. DuPre stated the changes were made to the application last fall and they are ready. To be sure that the City Secretary is clear of the procedures to use, the appointments will still be made at the same time; a recruitment reception will be held on the first evening of the interviews. It was suggested by Councilmember Fawks that the interviews for each board be given at a particular time frame and perhaps completing the process over a couple of different nights. (i.e. Planning and Zoning Commission applicants scheduled from 7 to 9 on Monday night and Board of Adjustment applicants scheduled from 9 to 10 on the same night, etc.) City Attorney E. Allen Taylor commented that in some of their other cities, the appointments are not made until four to six weeks after the election in order to give the new Councilmembers a chance to get their feet wet. Councilmembers agreed that the appointments would be made the second meeting after the election with the current members of each board and commission continuing their positions until the appointments are made. Agenda Item #12, Adjournment Mayor Rick Stacy adjourned the meeting at 9:10 p.m. Shndra L. LeGrand City Secretary N:\City Secretary~MIN UTES\cc-min-3 -21-00.d6 Regular City Council Meeting Minutes of March 21, 2000 Page 24 of 24