2000-07-18REGULAR CITY COUNCIL MEETING
667 NORTH CARROLL AVENUE
SOUTHLAKE, TEXAS
JULY 18, 2000
MINUTES
CITY COUNCILMEMBERS PRESENT: Mayor Rick Stacy; Mayor Pro Tem Gary
Fawks; Deputy Mayor Pro Tern Ronnie Kendall. Members: Patsy DuPre, Greg
Standerfer, Rex Potter, and Keith Shanldand.
CITY STAFF PRESENT: City Manager Billy Campbell; Assistant City Manager Shana
Yelverton; Assistant to the City Manager John Eaglen; Director of Finance Sharen Elam;
Director of Human Resources Lauren Safranek; Director of Community Services Kevin
Hugman; Director of Economic Development Greg Last; Director of Planning Bruce
Payne; Zoning Administrator Karen Gandy; Senior Comprehensive Planner Chris
Carpenter; Public Information Officer James Kunke; Director of Public Works Ron
Harper; Assistant City Engineer Shawn Poe; Assistant to the Director of Public Works
Valerie Bradley; Director of Public Safety Garland Wilson; Chief of Building Services
Malcolm Jackson; Fire Chief Ricky Black; Court Administrator Scan Leonard; City
Attorney E. Allen Taylor Jr.; and, City Secretary Sandra L. LeGrand.
WORK SESSION: Mayor Rick Stacy called the work session to order at 5:40 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 #10-A, Review of progress and service levels of Call A Ride of
Southlake, Inc. (CARS), and consideration of additional funding for Fiscal Year
1999-2000. Mr. Dick Johnston of C.A.R.S. supplied council with mid-year
statistics to show both increased riders and volunteer participation in this new
service. He requested an additional $7,500 from the City. At the April 4, 2000
City Council meeting, the Council approved the initial $15,000 of the requested
$22,500 and directed CARS to retum in the fourth quarter with a progress report
in order to consider further funding. During the presentation Mr. Johnston stated
he would come back to Council at a later date requesting $30,000 for next fiscal
year funding. Council expressed that they will grant the remaining $7,500
funding for FY 99-00, but did not commit to additional funding for FY 00-01 at
this time. This item was placed on the consent agenda at this time.
During the work session, agenda item #10-B was added to the consent agenda.
The work session ended at 7:00 p.m.
Regular City Council Meeting Minutes of July 18, 2000 Page 1 of 27
REGULAR CITY COUNCIL MEETING
Agenda Item gl-A, Call to Order
Mayor Rick Stacy called the Regular City Council meeting to order at 7:00 p.m. 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 the City Council would be going into
Executive Session pursuant to Texas Government Code, Sections 551.071, 551.072,
551.073, 551.074, 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 7:02 p.m.
Council returned to open session at 8:10 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
The invocation was given by Reverend Scott Berry, the new pastor of First Baptist
Church of Southlake. Pastor Berry is serving as Chaplain of the Month for July.
Agenda Item #4-A, Mayor's Report
Mayor Rick Stacy made the following announcements:
· Metroport Cities Partnership will meet Thursday, July 20, 2000 at 7:30
a.m. at the Southlake City Council Chambers. Mayor Stacy will give the
opening remarks.
· The Texas Municipal League will have a "State of the Cities Symposium"
in Austin on September 21-22. The symposium will offer city officials and
state legislators the opportunity to meet and discuss issues of importance
to both. Councilmembers wishing to attend should contact the City
Secretary so arrangements can be made.
· Dr. Gillum, superintendent of CISD, and members of the Board of
Trustees requested two Councilmembers attend their daylong work session
to be held July 28 from 8:30 a.m. to 4:00 p.m. The daylong event will be
Regular City Council Meeting Minutes of July 18, 2000 Page 2 of 27
held at the CISD Annex Building at Dove Road and North Kimball
Avenue. Let the City Secretary know if you can attend.
Mayor Stacy armounced that John Eaglen was appointed to the position of
Assistant to the City Manager. Mr. Eaglen has worked for the city 4-½
years, most recently as the Administrative Assistant in the Community
Services Department.
John Eaglen stated, "I am glad to be here and plan to do the best that I
can. I look forward to working with all of you and Manager Campbell and
Shana Yelverton. lam looking forward to getting started."
City Manager Billy Campbell stated that six internal candidates applied
for the Assistant to the City Manager position vacated by Shelli Siemer
earlier this year. To objectively assess the candidates, an assessment center
was organized by HR Director Lanren Safranek. Candidates were
evaluated on a formal presentation, problem-solving exercise (citizen
complaint), written communication and a formal interview. Campbell
stated, "I was extremely pleased with the performance of all of our staff
members, in fact, the decision was much more difficult than I had
anticipated due to the talent of all of these individuals applying for the
position."
Councilmember Patsy DuPre reported, "Last week, along with Planning
Director Bruce Payne, I went to the North Central Texas Council of
Governments Regional Transportation Council meeting, which represents
Northeast Tan'ant County cities on issues regarding transportation. The
presentation was regarding a web site, which added a link to the City,
called "TIPINS" [Transportation Improvement Program Information
System]. It was designed to provide information regarding transportation
improvements in the Dallas-Fort Worth area. If you want to find out what
kind of TxDOT improvements are being made, go to DFWinfo.com.
Hopefully, in the future we will be a "sitting" member of the committee.
It was informative, and I will provide this information to Council."
Councilmember Ronnie Kendall reported that Friends of Open Arms
Auxiliary would have a meeting at the Timarron County Club a week from
tomorrow at 9:30 a.m. Community Services Officer Carrie Fullington
would discuss domestic violence issues.
Agenda Item #4-B, City Manager's Report
City Manager Billy Campbell stated, "As part of the International Rotary Intern
Exchange Program, Andrey Karpenkov from Siberia, Russia is visiting the City of
Southlake. Andrey is completing a bachelor's degree from the University of Maryland
and University of Russia. He will be working in various departments in the City for the
Regular City Council Meeting Minutes of July 18, 2000 Page 3 of 27
next four weeks. We are happy to have Andrey with us." Mr. Karpenkov replied, "! am
happy to be visiting the City of Southlake and I have met your wonderful staff. I will
have a chance to practice my English while here."
Billy Campbell also introduced Manual Galaviz from Southlake's Sister City, E1 Fuerte,
Mexico. While in Texas, Mr. Galaviz is staying with Dee and Kiko Ekstrom. Mr. Galaviz
said, "Thank you for welcoming me to Southlake."
Agenda Item #4-C, SPIN Repor[.
Mary McMillian, 3360 Hillside Drive, Southlake. Ms. McMillian stated she was the new
representative for SPIN #3. SPIN #3 is comprised of nineteen small neighborhoods and
Ms. McMillian said she was happy to be working with the group. Ms. McMillian
commented on the following items:
The SPIN booth was well received at the 4th of July activities at Town
Square.
Standing Committee members will be presented information on F.M.
1938 during a meeting to be held on July 19 at 7:00 p.m. at the Senior
Activity Center.
A meeting was held on June 29 whereby 31 people attended regarding the
trails at Lonesome Dove. Staff member Steve Polasek presented
information.
Homeowners in Carmel Bay have concems about being in Denton County
and their children attending Northeast School District.
Cresent Drive residents have concerns about drainage issues in their area.
City Manager Campbell added regarding the SPIN Standing Committee meeting
pertaining to F.M. 1938 on June 29, that anyone wishing to attend, may do so. Other
SPIN meetings will be held regarding this issue in the near future.
Agenda Item #4-D, Park and Recreation Board Report
Park Board member Cara White gave the monthly report, noting that she is also on
SPDC. She commented on the joint meeting, which was held earlier this month. Ms.
White stated the Concept Plan for Bob Jones Park was discussed. The Teen
Center/Recreation Center surveys were being distributed at this time and a summary of
the results should be ready in the next three to four weeks.
Agenda Item #5, Consent Agenda
Mayor Rick Stacy informed the audience that "Consent" agenda items, which consist of
several items, are considered by one vote. He said if anyone in the audience had a request
for an item not to be on the consent agenda, that item would be deleted from that portion
of the agenda and considered separately. The consent agenda items were as follows:
Regular City Council Meeting Minutes of July 18, 2000 Page 4 of 27
5-A. Approval of the minutes of the Regular City Council meeting held on June 20,
2000 and the Special City Council meeting of June 26, 2000.
5-B. Resolution No. 00-72, Amending the Employee Handbook, to include Worker's
Compensation Wage Continuation Policy.
5-C. Item left intentionally blank.
5-D. Award of bid for handrails at Town Hall located in Town Square.
Resolution No. 00-73, Amending the current tax abatement agreement among the
City of Southlake, Texas, First Security Bank, National Association as owner
trustee of the TSG Trust 1999-0, and Sabre, Inc., a Delaware Corporation;
authorizing its execution by the Mayor; and providing an effective date.
5-F. Approval of Change Order No. 2 for work at Town Hall.
5-G. Authorize the Mayor to execute a commercial developer agreement for Gateway
Plaza, Phase 2, Unit 1.
Ordinance No. 480-348, 1st Reading, (ZA 00-053), Rezoning of Tract 3H,
Thomas M. Hood Survey, Abstract No. 706, being approximately 2.86 acre.
Current zoning is "AG" Agricultural District with a request for "SF-1A" Single
Family Residential District.
ZA 00-54, Plat Showing, Lot 17, Thomas M. Hood Survey, Abstract No. 706,
variance to Subdivision Ordinance No. 483.
10-A. Review of progress and service levels of Call A Ride of Southlake, Inc. (CARS)
and consideration of additional funding for FY 1999-2000.
10-B. Request for a variance to Sign Ordinance No. 704-A for Lowe's Home
Improvement Warehouse located at 201 North Kimball Avenue.
Motion was made to approve the consent agenda as follows: Items #5-A, #5-B, #5-D, #5-
E, #5-F, #5-G, #5-H, #5-1, gl0-A, with no additional funding; and, gl0-B, approving the
variance for sign at Lowe's with 72" for "L" and 60" for the remaining letters in Lowe's
[owes].
Motion:
Second:
Ayes:
Nays:
Approved:
Standerfer
Fawks
Standerfer, Fawks, Kendall [voting "no" to Item #10-B], Shankland,
DuPre, Potter, and Stacy
None
7-0 vote
Regular City Council Meeting Minutes of July 18, 2000 Page 5 of 27
ADDITIONAL INFORMATION REGARDING CONSENT ITEMS
Approval of minutes of the Regular City Council meeting held June 20 and
Special City Council meeting held on June 26, 2000. The minutes were approved
as presented.
Resolution No. 00-72, Amending the Employee Handbook, to include Worker's
Compensation Wage Continuation Policy. The policy ensures that all regular,
full-time City employees, who are injured in the course and scope of their
employment with the City of Southlake, are afforded the protections guaranteed
by the worker's compensation laws of the State of Texas. In addition to the
legally required benefits, the City provides a wage continuation program, which
offers supplemental earnings to employees receiving worker's compensation
benefits from the City. Currently, there is not a policy that regulates wage
continuation to an employee for the entire time they are losing time due to an on-
the-job injury. This practice provides little incentive for an employee to do what is
necessary to return to work as quickly as possible. This policy provides the City
with some avenues to reinforce to the employee the need to follow the physician's
treatment program and to maintain communication with the City regarding
improvement and changes. This policy is for 90 days because this time frame will
generally coincide with Family Medical Leave time, and the elimination period
for the long-term disability benefits provided for employees by the City.
No item
Award of bid for handrails at Town Hall located in Town Square. In December
1999, the City advertised bids for handrails for Town Hall. At that time, bids
came in at $250,000 and staff recommended to Council that this item be re-bid.
The base bid for metal handrails was $131,700. The construction manager
recommended a change of-$17,000 for painted handrails rather than stainless
steel. In addition, due to the various heights and drop offs, two alternatives need
to be awarded for protective guards in the total of $25,880. This would result in a
bid award of $140,580. The construction manager's estimate was $140,000. The
total estimate of all handrails was $200,000 versus a recommended bid award of
$199,380. Staff recommended that the bid from FCS Millwork be accepted for the
wood handrails in the amount of $58,800 and that the bid from Metalbrite be
accepted for the metal handrails in the amount of $140,580.
Resolution No. 00-73, Amending the current tax abatement agreement among the
City of Southlake, Texas, First Security Bank, National Association as owner
trustee of the TSG Trust 1999-1, and Sabre, Inc., a Delaware Corporation;
authorizing its execution by the Mayor; and providing an effective date. The
current Sabre tax abatement agreement was approved via Resolution No. 99-58,
and executed on August 10, 1999. They received their zoning and site plan
approvals and have begun construction. We previously discussed the likelihood
that the abatement agreement exhibits for the "premises" would need to be
Regular City Council Meeting Minutes of July 18, 2000 Page 6 of 27
amended based on the final approved development plan and their construction
phasing. The only other change is that the ownership interests were assigned in
accordance with provisions of the current agreement. The agreement reflects:
entity name change and premises exhibit change. A copy of the memorandum
from Greg Last, Director of Economic Development, dated July 7, 2000 is hereby
attached to the minutes of this meeting.
Approval of Change Order No. 2for work at Town Hall. The audio visual (A/V)
portion of this project is currently underway and staff expects that bid notices will
be issued within the next 2-3 weeks. The A/V consultant in conjunction with the
contractor and city staff, has identified several areas and items of work that need
to be done prior to the receipt of bids, in order to coordinate this work with finish
work being done. Since there are several walls and ceilings being closed up, it
would be advantageous to do this A/V work at this time. This Change Order is in
the amount of $45,177. This amount is part of the total A/V systems project and is
not part of the base building contract. Funding for this item will come from the
next set of TIF bonds to be issued; however, funds are available from the existing
project funds that have-not yet been expended.
Authorize the Mayor to execute a commercial developer agreement for Gateway
Plaza, Phase 2, Unit 1. The final plat for Gateway Plaza Phase II, Unit 1, was
approved on July 6, 2000. The plat included the dedication of right-of-way for
Nolen Drive from F.M. 1709 to SH 114 and Lots 1 and 2. This developer's
agreement covers the construction of Nolen Drive and the westbound deceleration
lane and water and sanitary sewer improvements to serve Gateway Plaza Phase II.
The developer is constructing Nolen Drive between F.M. 1709 and SH 114 with
four travel lanes and a continuous left turn lane. A westbound deceleration lane is
also being constructed on F.M. 1709 at Nolen Drive. The developer is requesting
that the Council give them credit on the Roadway Impact Fees for the over width
construction of Nolen Drive based upon the fact that Nolen Drive is on the City's
Master Thoroughfare Plan as an arterial which requires a wider street than
necessary to serve the Gateway Plaza Phase II development. The other issue is the
City's reimbursement for oversize water lines in the form of credit for water
impact fees. The Roadway Impact Fees are estimated to be approximately
$267,226 and the estimate for the cost of the construction of Nolen Drive is
approximately $376,980. The cost of the oversized water line is $40,300. The
estimate of the water impact fees is approximately $46,400.
Ordinance No. 480-348, ]st Reading (ZA 00-053), Rezoning of Tract 3H, Thomas
M. Hood Survey, Abstract No. 706, being approximately 2.86 acres. Current
zoning is "AG" Agricultural District with a requested zoning of "SF-iA" Single
Family Residential District. This is a 2.86-acre tract set approximately 450' east
of the North Peytonville Avenue right-of-way. There is an existing 50' road
easement serving this lot. Owner/Applicant: James E. Glover.
Regular City Council Meeting Minutes of July 18, 2000 Page 7 of 27
ZA 00-54, Plat Showing, Lot 17, Thomas M. Hood Survey, Abstract No. 706,
variance to the Subdivision Ordinance No. 483. This is the same property as in
item #5-H. Owner/Applicant: James E. Glover. A one-lot plat showing
application was submitted to the City for review. Staff approves one-lot plat
showings administratively. Due to the lot not abutting a public or private street,
the applicant must seek a variance, which can only be approved by the City
Council.
IO-A.
Review of progress and service levels of Call A Ride of Southlake, Inc. (CARS)
and consideration of additional funding for Fiscal Year 1999-00. During the
consent agenda, the City Council approved the funding for the remainder of FY
99-00 [$7,500] however, did not commit to additional funding for FY 00-01 at
this time.
10-B.
Request for a variance to Sign Ordinance No. 704-A, for Lowe's Home
Improvement Warehouse located at 201 North Kimball Avenue. Approval was
given during the consent agenda, approving the variance for the sign at Lowe's
with 72" for "L" and 60" for the remaining letters in Lowe's [owes].
Agenda Item #6, Public Forum
Robin Snyder, Southlake Women 's Club. Ms. Snyder said she was before the City
Council to discuss the dates that the Women's Club was proposing for "Art In
The Square" for 2001. The date the group desires is Friday, April 27 through
Sunday, April 29, 2000. Ms. Snyder stated they understand these dates are the
weekend of early voting, which will be held in the city building once it is open.
She stated they propose that the SWC post signs on all parking spaces on Main
Street in front of the building and on the park side for early voting parking. This
would make it easy for anyone wishing to vote to enter from Carroll and exit F.M.
1709. Or voters may come from F.M. 1709 and exit Carroll Avenue to avoid most
of the traffic around the Square. She stated that they will make available the
number of spaces provided for parking at past early voting sites and that the
women's club feels the event may actually increase the number of early voters.
They are also considering allowing the artists to begin setting up Thursday
evening, as this would ease some of the congestion of Friday created by the
artist's arrival and set-up. She asked the City Council for a way that Council
could make a commitment to them as they feel they need to advertise at this time
in order to get the artists here in April 2000. Ms. Snyder stated she picked-up the
information for a Specific Use Permit (SLIP) and there was not a provision on the
information form that asks for the date of the event.
Mayor stated he felt Ms. Snyder had done everything she could do and if Council
needs to consider it, this item will need to be placed on an agenda for
consideration.
Regular City Council Meeting Minutes of July 18, 2000 Page 8 of 27
Agenda Item #7-A, Ordinance No. 480-342, 2na Reading (ZA 00-016)
Ordinance No. 480-342, 2nd Reading, (ZA 00-016), Rezoning on property legally
described as Tract 3C1 and a portion of Tract 3C situated in the W. R. Eaves Survey,
Abstract No. 500, and being approximately 1.349 acres. Current zoning is "C-2" Local
Retail Commercial District with a requested zoning of "O-1" Office District. Applicant:
Wilson & Stonaker, L.L.C. Owner: Southlake Associates Limited Partnership.
Senior Comprehensive Planner Chris Carpenter presented this case, noting that the
property was a vacant lot, located south of the Walgreen's site, west of Carroll High
School, north of the Akard Addition, and east of Green Oaks, Inc. tree farm. Five (5)
notices were sent to property owners within the 200' notification area and no comments
were received.
PUBLIC HEARING: No comments were made during the public heating.
Motion was made to approve Ordinance No. 480-342, 2nd Reading, (ZA 00-016), as
presented.
Motion:
Second:
Ayes;
Nays:
Approved:
DuPre
Fawks
DuPre, Fawks, Kendall, Shankland, Standerfer, Potter, and Stacy
None
7-0 vote
Agenda Item #7-B, Ordinance No. 480-346, 2na Reading, (ZA 00-037)
Ordinance No. 480-346, 2nd Reading. (ZA 00-037), Rezoning on property legally
described as Tracts 4Gl and 4H situated in the J.J. Freshour Survey, Abstract No. 521,
and being approximately 4.0 acres. Current zoning is "AG" Agricultural District with a
requested zoning of"SF-1A" Single Family Residential District. Owners and Applicants:
Andrea Huffstutler, Diana Taylor, Laura Cronin, and Elizabeth Blessing.
Senior Comprehensive Planner Chris Carpenter presented this case noting that the
property is currently undeveloped, and heavily wooded. The property is bound on the east
by 10 developed residential lots of the platted Vista Trails Subdivision. There are three
adjacent residences on the west side of the property, on two platted lots and one unplatted
tract. Twenty-four (24) notices were sent to property owners within the 200' notification
area and one response was received in favor.
PUBLIC HEARING: The public heating resulted in no comments from the audience.
Motion was made to approve Ordinance No. 480-346, 2na reading, (ZA 00-037), as
presented.
Motion: Kendall
Second: Shankland
Ayes: Kendall, Shankland, DuPre, Standerfer, Potter, Fawks, and Stacy
Regular City Council Meeting Minutes of July 18, 2000 Page 9 of 27
Nays: None
Approved: 7-0 vote
Agenda Item #7-C, Ordinance No. 480-347, 2~a Reading, (ZA 00-040), Georgetown
Park, Phase III
Ordinance No. 480-347, 2na Reading, (ZA 00-040), Rezoning and Site Plan for
Georgetown Park, Phase III, on property legally described as Lot 1R3, Block 1,
Georgetown Park, an addition to the City of Southlake, Tarrant County, Texas, according
to the plat recorded in Cabinet A, Slide 4041, Plat Records, Tarrant County, and being
approximately 1.554 acres of land. Current zoning is "C-2" Local Retail Commercial
District with a requested zoning of "O-1" Office District. Owner and Applicant:
Georgetown Monticello Partners, Ltd.
Senior Comprehensive Planner Chris Carpenter presented ZA 00-040, noting that the
property was currently developed with a two-story office building, per a previously
approved site plan. All landscaping, parking and other improvements are currently in
place. The building is located on an individually platted lot developed as part of a larger
retail/office complex. This is the southern most lot in the development. The Meadow
Oaks subdivision is located southwest of the proposed rezoning. The applicant is
rezoning to the "O-1" district in order to seek a Specific Use Permit for the addition of a
carport. The "O-1" district permits carports as a SLIP. The zoning must be in place prior
to the SLIP approval. Nine (9) notices were sent to property owners within the 200'
notification area and three (3) responses have been received: Two in favor from within
the 200' area and one (1) outside the notification area.
PUBLIC HEARING: No comments were made during the public hearing.
Motion was made to approve Ordinance No. 480-347, 2nd Reading (ZA 00-040), subject
to the Revised Site Plan Review Summary No. 3, dated June 16, 2000.
Motion:
Second:
Ayes:
Nays:
Approved:
DuPre
Shankland
DuPre, Shankland, Standerfer, Potter, Fawks, Kendall, and Stacy
None
7-0 vote
Agenda Item #7-D, Resolution No. 00-71, (ZA 00-041), Specific Use Permit for
Carport for Georgetown Park
Resolution No. 00-71, (ZA 00-041), Specific Use Permit for a carport for a non-
residential property per Zoning Ordinance No. 480, Section 45.1 (41) for Georgetown
Park, and being approximately 1.554 acres of land.
Senior Comprehensive Planner Chris Carpenter presented the SUP to Council.
Regular City Council Meeting Minutes of July 18, 2000 Page 10 of 27
Steve Isbell, 111 South Main Street, Grapevine. Capital Realty Company. Mr. Isbell was
present to answer questions from Council. He introduced a Siberia, Russia exchange
student who will be visiting Grapevine for the summer.
PUBLIC HEARING: No comments were made during the public hearing.
Motion was made to approve Resolution No. 00-71 as presented.
Motion:
Second:
Ayes:
Nays:
Approved:
Fawks
DuPre
Fawks, DuPre, Standerfer, Potter, Kendall, Shankland, and Stacy
None
7-0 vote
Agenda Item #7-E, Ordinance No. 480-343, 2~d Reading (ZA 00-047), Lot 3, Block 1,
Corner Addition
Ordinance No. 480-343, 2nd Reading, (ZA 00-047), Rezoning and Site Plan for proposed
Lot 3, Block 1, Comer Addition, on property legally described as Lot 2, Block 1, Comer
Addition, and a portion of Tract 2, W.R. Eaves Survey, Abstract No. 500; and being
approximately 4.054 acres. Current zoning is "AG" Agricultural District and "C-2" Local
Retail Commercial District.
Senior Comprehensive Planner Chris Carpenter stated, "Portions of this property were
zoned "C-2" in September, 1991 and February of 1994. Concept plans for three pad sites
within the boundary of the site were approved in September of 1991 and October of
1995. Thirteen (13) notices were sent to property owners within the 200' notification
area and three (3) responses were received from outside the notification area. On June 8,
2000, the Planning and Zoning Commission approved (4-0 vote) this item subject to the
Site Plan Review Summary No. 3, dated June 2, 2000 and to delete Items #1.a (500'
driveway spacing on F.M. 1709) and #1.b (250' driveway spacing on Randol Mill
Avenue). The first reading was approved by the City Council on June 20, 2000 [with 7-0
vote.]"
PUBLIC HEARING: No comments were made during the public hearing.
Motion was made to approve Ordinance No. 480-343, 2nd Reading, subject to the Site
Plan Review Summary No. 3, dated June 2, 2000; with the conditions in the motion made
by the Planning and Zoning Commission on June 8, 2000.
Motion:
Second:
Ayes:
Nays:
Approved:
DuPre
Kendall
DuPre, Kendall, Shankland, Standerfer, Potter, Fawks, and Stacy
None
7-0 vote
Regular City Council Meeting Minutes of July 18, 2000 Page 11 of 27
Agenda Item #7-F, Ordinance 131o. 480-344, 2na Reading, (ZA 00-048), Rezoning and
Concept Plan, Lot 2R, Block 1, Corner Addition
Ordinance No. 480-344, 2nd Reading, (ZA 00-048), Rezoning and Concept Plan for
proposed Lot 2R, Block 1, Comer Addition, on property legally described as a portion of
Lot 3, W.R. Eaves No. 500 Addition, and a portion of Tract 2, W.R. Eaves Survey,
Abstract No. 500; being approximately 0.822 acres. Current zoning is "AG" Agricultural
District with a requested zoning of"C-2" Local Retail Commercial District.
Senior Comprehensive Planner Chris Carpenter presented this case for second reading,
noting that this property is located near the northeast comer of West Sonthlake Boulevard
and Randol Mill Avenue. The site is bounded by an existing Texaco gas station to the
west and the DPS West Public Safety facility to the north and east. Five (5) notices were
sent to property owners within the 200' notification area and only one (1) response was
received from outside the notification area. The Planning and Zoning Commission
approved (4-0 vote) this action, subject to the Concept Plan Review Summary No. 3,
dated June 2, 2000, and to delete Items #1.a (500' driveway spacing on F.M. 1709) and
#1.b (250' driveway spacing on Randol Mill Avenue). The owner and applicant for this
case is the City of Southlake.
PUBLIC HEARING: No comments were made during the public hearing.
Motion was made to approve Ordinance No. 480-344, 2nd Reading, (ZA 00-048), subject
to the Concept Plan Review Summary No. 3, dated June 2, 2000.
Motion:
Second:
Ayes:
Nays:
Approved:
Kendall
Shankland
Kendall, Shankland, DuPre, Standerfer, Potter, Fawks, and Stacy
None
7-0 vote
Agenda Item #7-G, Ordinance No. 480-345, 2na Reading, (ZA 00-064), Rezoning and
Site Plan for Bicentennial Park
Ordinance No. 480-345, 2~a Reading, (ZA 00-064), Rezoning and Site Plan for
Bicentennial Park, on property legally described as Lot 2R2, L.B.G. Hall No. 686
Addition, and Tracts 1, lB, ICl, 1C2, 1C3, 1E, 2B, 2Al, 2B1, 3C, 3D, 3D1A, and 3D6,
situated in the Littleberry G. Hall Survey, Abstract No. 686, and being approximately
61.61 acres. Current zoning is "AG" Agricultural District; "C-2" Local Retail
Commercial District; "CS" Community Service District; and "S-P-2" Generalized Site
Plan District with limited "C-3" General Commercial District uses, with a requested
zoning 0f"S-P-l" Detailed Site Plan District with "CS" Community Service District uses
to include limited outside storage.
Senior Comprehensive Planner Chris Carpenter presented Ordinance No. 480-345 for
second reading noting that this request is for the addition of coke vending machines at
three locations and new lighting for the baseball fields, north of the tennis courts, at
Regular City Council Meeting Minutes of July 18, 2000 Page 12 of 27
Bicentennial Park. The park is currently developed with an office housing the
Community Services Department for the City, baseball fields, tennis courts, skating area
and other recreational uses. Thirty-five (35) notices were sent to property owners within
the 200' notification area and five (5) responses were received: One in favor; three
opposed; one undecided.
Mayor Stacy asked staff where we stand at reviewing the current outside storage
ordinance? Director of Planning Bruce Payne responded the revised ordinance is
proposed to go forward to the Planning and Zoning Commission in two meetings.
Councilmember Gary Fawks asked that it be on the City Council meeting agenda as a
discussion before it is forwarded to the Planning and Zoning Commission.
Councilmember Greg Standerfer stated, "I am not offended by coke machines in general.
! am also not offended by the lighting in the area. I think it is unfortunate that the City is
the first ones to request a variance to the outside storage ordinance, and ! will also vote
"no" during the second reading of this ordinance."
PUBLIC HEARING: No comments were made during the public heating.
Councilmember Rex Potter stated for the record, "The reason for this ordinance is not
just because of coke machines. We are trying to get back to enforcing the rules."
Councilmember Keith Shankland stated, "I have changed my mind this evening. I think it
is best that the City is the first one to come forward asking for a variance to this
ordinance. Now we have empathy and we realize that the ordinance needs to be adjusted.
Rather than having Lowe's or someone else come forward asking for a [variance to the]
ordinance. It is best that the City be the one and it is good that we brought this forward."
Motion was made to approve ZA 00-064, subject to the Site Plan Review Summary No.
2, dated June 2, 2000; granting the motion as previously approved by the City Council
meeting.
Motion:
Second:
Ayes:
Nays:
Approved:
Shankland
DuPre
Shankland, DuPm, Potter, Fawks, Kendall, and Stacy
Standerfer
6-1 vote
Agenda Item #7-H, ZA 00-060, Site Plan for a portion of proposed Lot 4, Block 1,
Sabre Campus
ZA 00-060, Site Plan for a portion of proposed Lot 4, Block 1, Sabre Campus on portions
of Tracts 2A2 and 2A7, U.P. Martin Survey, Abstract No. 1015, and being approximately
25.6 acres. The current zoning is "NR-PUD" Non-Residential Planned Unit Development
District with "0-2" Office District uses and certain other permitted and accessory uses
which are generally related to communication, computer, and information technologies,
Regular City Council Meeting Minutes of July 18, 2000 Page 13 of 27
training and conference centers, parking structures, heliport/verti-port/stop, hotel,
restaurant, retail and office uses.
Senior Comprehensive Planner Chris Carpenter presented the site plan for a portion of
the proposed Lot 4, Block 1, Sabre Campus, noting that this request was for the addition
of a retention pond and associated improvements located north of private Kirkwood
Hollow Boulevard, west of White Chapel Boulevard, east of T.W. King Road and
situated within the Sabre Corporate Campus. The pond and proposed improvements are
being incorporated within the open space/recreation areas, north of the first office
building and garage structure being constructed on the site. A proposed trail encompasses
the pond. The revised site plan is required to extend the area of construction beyond what
was originally proposed in the first approved site plan. Three (3) notices were sent to
property owners within the 200' notification area and no comments were received.
Mike Baker, Vice-President of Corporate Services for Sabre. Mr. Baker commented,
"The good thing is that they opened the Kirkwood bridge yesterday. As of yesterday, all
construction traffic is off of White Chapel Boulevard and through the Kirkwood bridge.
The milestone was completed early and is indicative of the Sabre Campus project and
they are progressing nicely." Mr. Baker stated, "Tonight we are presenting a site plan for
Lot 4 of the Corporate Campus and on the site Sabre is proposing a construction of a
storm water retention structure to collect storm water runoff from Phase 1 portions of
Lots 1 and 2. This structure will serve three primary purposes: 1) to reduce the rate and
quantity of storm water runoff from developed area; 2) to filter pollutants from the
collected storm water; 3) recycled storm water for use in irrigating the landscaped
portions of Phase I. Sabre is committed to an environmentally sensitive design and
construction for its campus. This includes responsibly managing the runoff of storm
water that is generated due to the development of the site." Mr. Baker continued to
explain the environmentally sensitive design for the project.
Jim Railey, civil engineer for the Sabre project. Mr. Railey explained the value in having
the storm water retention structure.
Councilmember Ronnie Kendall commented on the trees that will be cut down in order
for the retention structure to be built. She asked how many points have they scored under
their tree point system. She stated she felt the environment was suffering a lot with the
destruct/on of trees. She asked if they could reduce the size of the pond and still meet
their objective?
Councilmember Patsy DuPre commented about the size of the trees, reporting the
average diameter of the trees being six inches. She asked about the size of the pond and
Mr. Railey responded the size of the pond is being planned for 2-1/2 acres.
Mayor Stacy commented that they were doing this to use the retention pond for irrigation
of their landscaping and that it would not tax the City of Southlake's water system.
Regular City Council Meeting Minutes of July 18, 2000 Page 14 of 27
Motion was made to approve ZA 00-060, Revised Site Plan Review Summary No. 2,
dated June 30, 2000.
Motion:
Second:
Ayes:
Nays:
Approved:
DuPre
Standerfer
DuPre, Standerfer, Fawks, and Stacy
Kendall, Shankland, Potter
4-3 vote
Agenda Item #7~1, Ordinance No. 646-B, 2nd Reading, Park and Recreation Board
Ordinance No. 646-B, 2nd Reading, Amending Ordinance No. 646, Parks and Recreation
Board and Southlake City Code, Section 12-77, revising the number of board members
and length of terms was presented by Director of Community Services Kevin Hugman.
Mr. Hugman stated the ordinance would change the number of members from nine (9) to
seven (7) and the number of term years from three (3) years to two (2) years.
PUBLIC HEARING: No comments were made during the public heating.
Motion was made to approve Ordinance No. 646-B, 2nd Reading.
Motion:
Second:
Ayes:
Nays:
Approved:
Kendall
DuPre
Kendall, DuPre, Standerfer, Potter, Fawks, Shankland, and Stacy
None
7-0 vote
Agenda Item #7-J, Ordinance No. 787, 2na Reading, Abandonment of Utility
Easement on SH 114, Lot 5, Block 1, Kimball/1709 Addition
Ordinance No. 787, 2nd Reading, was presented by Assistant City Engineer Shawn Poe,
who explained that several easements were required to install sanitary sewer and water
improvements along the south side of SH 114 from North Kimball Avenue to Gateway
Plaza, Phase I. The sewer and water improvements were required to relocate existing
facilities that were in conflict with the SH 114 reconstruction. The water and sewer
improvements have been constructed. The water and sewer improvements crossed the
tracts of properties that make-up Gateway Plaza, Phase 2. Gateway Plaza, Phase 2 has
been rezoned and platted. The land and title company handling the closing for the tracts
discovered that the wrong property owner had inadvertently signed one of the easements.
However, the easement were recorded with Tarrant County. In order to clear the title to
the land, the easement must be abandoned. The rightful property owner is in the process
Of executing the required easement. Mr. Poe stated staff recommends Council abandon a
utility easement along SH 114 on Lot 5, Block I of the Kimball/1709 Addition.
PUBLIC HEARING: No comments were made during the public hearing.
Motion was made to approve Ordinance No. 787, 2n~l reading as presented.
Regular City Council Meeting Minutes of July 18, 2000 Page 15 of 27
Motion:
Second:
Ayes:
Nays:
Approved:
Fawks
Shankland
Fawks, Shankland, DuPre, Standerfer, Potter, Kendall, and Stacy
None
7-0 vote
Agenda Item #7-K, Ordinance No. 756~A, 2nd Reading, Revisions to the FY 99-00
Budget.
Director of Finance Sharen Elam presented Ordinance No. 756-A, 2"d Reading, Revisions
to the FY 99-00 Budget, noting the ordinance reflects the proposed mid-year changes to
the adopted FY 1999-00 Budget. The amendments to the budget reflect a decrease in
revenues and expenditures of $134,853 and $630,965 respectively. The proposed
amendment decreases budgeted revenues and expenditures. It is anticipated that fund
integrity will be maintained, as the expenditure adjustments reflect the general fund
balance at 15.3%. This is within the adopted Fund Balance Policy, which states a
minimum balance of 15% and an optimum balance of 25%.
PUBLIC HEARING: No comments were made during the public heating.
Motion was made to approve Ordinance No. 756-A, as presented for 2"d Reading.
Motion:
Second:
Ayes:
Nays:
Approved:
Standerfer
DuPre
Standerfer, DuPre, Potter, Fawks, Kendall, Shankland, and Stacy
None
7-0 vote
Agenda Item #7-L, Ordinance No. 784, 2"4 Reading, Establishing a Municipal Court
Technology Fund.
Court Administrator Sean Leonard presented Ordinance No. 784, 2nd Reading, stating,
"During the 76th Legislative Session, Senate Bill #601 was passed amending article
102.0172 of the Code of Criminal Procedure to authorize the City of Southlake to create,
by ordinance, a Municipal Court Technology Fund. A defendant convicted of a
misdemeanor may be required to pay a fee not to exceed $4 as a municipal court cost. If
a person received probation or deferred adjudication, or if the court defers final
disposition of the case, the defendant is considered convicted. The money collected by
the Municipal Court Clerk must be deposited in a Municipal Court Technology Fund and
may be used only to finance the purchase of technological enhancements for the
municipal court. These enhancements may include computer systems, computer
networks, and computer hardware, imaging systems, electronic kiosks, electronic ticket
writers and docket management systems. Based on the current trend of citation issuance,
it is estimated that the collection of this fund could result in the collection of $150,000 to
$200,000 of revenues to the City of Southlake before this article expires in September 1,
2005.
Regular City Council Meeting Minutes of July 18, 2000 Page 16 of 27
PUBLIC HEARING: No comments were made during the public hearing.
Motion was made to approve Ordinance No. 784, 2na Reading.
Motion:
Second:
myes~
Nays:
Approved:
DuPre
Standerfer
DuPre, Standerfer, Potter, Fawks, Kendall, Shankland, and Stacy
None
7-0 vote
Agenda Item #7-M, Ordinance No. 785, 2~d Reading, Increasing Warrant Fees
Court Administrator Scan Leonard presented Ordinance No. 785 for second reading,
noting when a sworn complaint or affidavit based on probable cause has been filed before
the municipal court, the judge may issue a warrant for the arrest and/or detention of the
accused. During the 76th Texas Legislative session, Senate Bill #163 was passed
amending Article 102.011 (a) (2) of the Code of Criminal Procedure by increasing the fee
for executing or processing an issued Warrant of Arrest or Capias Pro Fine Warrant from
$35.00 to $50.00 The approved and implementation of this fee could result in the
collection of an estimated $15,000 to $45,000 per year in additional revenues to the City
of Southlake.
PUBLIC HEARING: No comments were made during the public hearing.
Motion was made to approve Ordinance No. 785, 2nd Reading, as proposed, raising the
warrant fees to $50.00.
Motion:
Second:
myes:
Nays:
Approved:
Standerfer
Shankland
Standerfer, Shankland, DuPre, Potter, Fawks, Kendall, and Stacy
None
7-0 vote
Agenda Item #7-N, Resolution No. 00-75, (ZA 00-052), SUP for Gasoline Service
Station with a Convenience Store and Car Wash, Lot 1, Block 1, Emery Addition
(Texaco)
Resolution No. 00-75, (ZA 00-052), Specific Use Permit for a gasoline service station
with a convenience store and a car wash on Lot 1, Block 1, Emery Addition, being
approximately 0.918 acres. A site plan was considered with this request. The current
zoning is "C-3" General Commercial District.
Senior Comprehensive Planner Chris Carpenter made the presentation noting this site had
been in existence for several years. The following is a brief history:
o Light industrial zoning was placed on the property in September
1971.
Regular City Council Meeting Minutes of July 18, 2000 Page 17 of 27
o SUP for sale of alcoholic beverages for off-premises consumption
in March 1979.
o "C-3" Retail Commercial Zoning placed on the property in
September of 1989.
o Preliminary plat approved in December of 1999.
o Final plat approved in March 2000. Plat approval included the
common access easement on the adjacent property to the north.
On July 6, 2000, the Planning and Zoning Commission approved (7-0 vote) this case
subject to the Site Plan Review Summary No. 3, dated June 29, 2000, to delete Itc~m #1
(8' screening device); to show a pass through lane with a possible variance for that
request; and to include the tree preservation analysis.
Billy Williams, CMPA, representing Dalton's. Mr. Williams outlined the improvements
planned for this property, including the front three sides of the building being bricked and
the backside of the building being concrete. He noted that currently there was a flat roof
on the building and they are putting on a freestanding metal roof.
PUBLIC HEARING: No commems were made during the public hearing.
Motion was made to approve Resolution No. 00-75, (ZA 00-052); subject to the Site Plan
Review Summary No. 4, dated July 12, 2000; acknowledging that not less than 30' curb-
cut access easement be placed immediately to the east; acknowledging a 8' pass-through
easement be placed in the 25'; Type J landscape bufferyard be placed along southern
property line; deleting the 8' screening on the north property line.
Motion:
Second:
Ayes:
Nays:
Approved:
Standerfer
DuPre
Standerfer, DuPre, Potter, Fawks, Kendall, Shankland, and Stacy
None
7-0 vote
Agenda Item #7-0, Resolution No. 00-76, (ZA 00-080), SUP for Sale of Packaged
Beer on Lot 1, Block 1, Emery Addition (Texaco)
Resolution No. 00-76, (ZA 00-080), Specific Use Permit for sale of packaged beer for
off-premises consumption on Lot 1, Block 1, Emery Addition, being approximately 0.918
acres. A site plan was considered with this request. Current zoning is "C-3" General
Commercial District.
Senior Comprehensive Planner Chris Carpenter presented the SUP for packaged beer for
off-premises consumption on Lot 1, Block 1, Emery Addition. A portion of this lot has
an existing SUP for alcoholic beverage sales for off-premises consumption. However,
with recent platting of the property, the boundary has changed and no longer matches the
original SUP boundary. This is the sole purpose of this request. Mr. Carpenter noted that
seven (7) notices were sent to property owners within the 200' notification area and no
responses were received.
Regular City Council Meeting Minutes of July 18, 2000 Page 18 of 27
PUBLIC HEARING: No comments were made during the public heating.
Motion was made to approve Resolution No. 00-76 (ZA 00-080) as presented.
Motion:
Second
Ayes:
Nays:
Approved:
Standerfer
Fawks
Standerfer, Fawks, Kendall, Shankland, Potter, and Stacy
None
6-0 vote [Councilmember Patsy DuPre was out of the room and did not
vote].
Agenda Item #7-P, Resolution No. 00-77, (ZA 00-081), Specific Use Permit for
Outside Storage on Lot 1, Block 1, Emery Addition (Texaco)
Resolution No. 00-77, (ZA 00-081), Specific Use Permit for outside storage on Lot 1,
Block 1, Emery Addition (Texaco), being approximately 0.918 acres. A site plan was
considered with this request, The current zoning is "C-3" General Commercial District.
Senior Comprehensive Planner Chris Carpenter noted that the purpose o£the SLIP was to
consider outside storage of propane tanks on the property. On July 6, 2000, the Planning
and Zoning Commission approved (7-0 vote) this case subject to the Site Plan Review
Summary No. 3, dated June 29, 2000; and to delete Item #1 (8' screening device); and to
restrict the outside storage to 25 five-gallon propane tanks screened in the manner shown
on the Site Plan.
Billy Williams responded to questions asked by the City Councilmembers.
PUBLIC HEARING: No comments were made during the public hearing.
Motion was made to approve Resolution 00-77, (ZA 00-081); subject to the Site Plan
Review Summary No. 4, dated July 12, 2000; incorporating the recommendation of the
Planning and Zoning Commission.
Motion:
Second:
Ayes:
Nays:
Approved:
Potter
Fawks
Potter, Fawks, Kendall, Shankland, DuPre, Standerfer, and Stacy
None
7-0 vote
Agenda Item #7-Q, Resolution No. 00-78, (ZA 00-069), SUP for Lighthouse
Community Church on Lot 4, Block A, North Davis Business Park
Resolution No. 00-78, (ZA 00-069), Specific Use Permit for a church (Lighthouse
Community Church), on Lot 4, Block A, North Davis Business Park, being
approximately 1.085 acres. A site plan was considered with this request. Current zoning
is "I-l" Light Industrial District.
Regular City Council Meeting Minutes of July 18, 2000 Page 19 of 27
Senior Comprehensive Planner Chris Carpenter noted this property was subdivided in
October of 1985 and was annexed into the City of Southlake in March 1986. "L-i" Light
Industrial District zoning was placed on the property at that time. Due to the limited
scope of this request and the fact that no changes were to be made to the previously
approved concept/site plan, no new review letter was generated. This site is subject to all
conditions of the previously approved plans. Up to 100% of the parking spaces required
for a church may be used jointly with other uses, within 300' of the building, which do
not normally have the same hours of operation. In any case, where the required parking
spaces are collectively or jointly provided and used, a written agreement thereby assuring
their retention for such purposes, shall be properly drawn and executed by the parties
concerned. This agreement must be approved as to form by the City Attorney and shall be
filed with the application for a building permit or certificate of occupancy.
Omar Rayes, Pastor, Lighthouse Community Church. Pastor Rayes stated the building
should be complete by October 1, 2000 and that the congregation had been meeting in a
school.
PUBLIC HEARING: No comments were made during the public hearing.
Motion was made to approve Resolution No. 00-78 as presented.
Motion:
Second:
Ayes:
Nays:
Approved:
DuPre
Standerfer
DuPre, Standerfer, Potter, Fawks, Kendall, Shankland, and Stacy
None
7-0 vote
Agenda Item #7-R, Resolution No. 00-79, (ZA 00-078), Specific Use Permit for
Shade Structure for Mirage Car Wash located at 955 North Davis Blvd.
Resolution No. 00-79, (ZA 00-078), Specific Use Permit for a shade structure for Mirage
Car Wash located at 955 North Davis Boulevard, being approximately 2.00 acres. A site
plan was considered with this request. The current zoning is "C-3" General Commercial
District.
Senior Comprehensive Planner Chris Carpenter stated regarding the Mirage Car Wash
that the only change proposed to the site was the addition of the shade structure. The
"Future Personal Services Ship" shown on the plan was part of the original approval but
had never been constructed. The property is subject to the Corridor Overlay Regulations.
The original site plan and Specific Use Permit for Mirage Car Wash were recommended
for approval by the Planning and Zoning Commission (6-0 vote) on June 20, 1995. The
approvals preceded the adoption of the corridor overlay regulations. The variance
requested was to allow metal support columns where masonry was required. Fifteen (15)
notices were sent to property owners within the 200' notification area and one response
was received, in favor.
Regular City Council Meeting Minutes of July 18, 2000 Page 20 of 27
The Planning and Zoning Commission approved this item on July 6, 2000 (4-3 vote),
subject to the Site Plan Review Summary dated June 24, 2000, and to delete Item #1
(masonry support columns) and to approve the SUP for a period of one year.
The record reflects that the applicant for this case was not present for the meeting.
Councilmember Kendall commented on the carport ordinance as it related to this request.
After discussion, Councilmembers Fawks, Potter, Kendall, Standerfer stated they would
support tabling this item due to the applicant not being present, but did not feel they
would change their minds.
Motion was made to table Resolution No. 00-79, to a future Council meeting.
Motion:
Second:
Ayes:
Nays:
Approved:
DuPre
Standerfer
DuPre, Standerfer, Potter, Fawks, Shankland, and Stacy
Kendall
6-1 vote (to table)
Agenda Item #7-S, ZA 00~066, Site Plan for Southlake Chamber of Commerce, Lot
7, Block 6, Southridge Lakes, Phase C-1
ZA 00-066, Site Plan for Southlake Chamber of Commerce, on Lot 7, Block 6,
Southridge Lakes, Phase C-I, being approximately 0.458 acres. Current zoning is "C-
3"General Commercial District.
The Senior Comprehensive Planner presented this case, noting the site plan proposed a
3,162 square foot one-story office building on a 9.458 acres lot. It is part of the larger
Southridge Lakes Development, which includes residential properties to the north, and
commercial uses along Sonthlake Boulevard. On July 6, 2000 the Planning and Zoning
Commission approved (7-0 vote) this case subject to the Site Plan Review Summary No.
2, dated June 29, 2000 and to delete Items #1 (dumpster requirement) and #2 (stacking
depth). Mr. Carpenter stated the following variances were requested:
o Commercial properties shall provide on-site dumpsters
o Required stacking depth of 28' when 20 or more parking spaces
are provided.
Brad Cavener, President of Southlake Chamber of Commerce. Mr. Cavener was present
to answer questions from Council.
PUBLIC HEARING: No comments were made during the public hearing.
Motion was made to approve ZA 00-066, subject to the Site Plan Review Summary No.
3, dated July 12, 2000, deleting Item #1 dumpster, and #3 stacking depth.
Motion: DuPre
Regular City Council Meeting Minutes of July 18, 2000 Page 21 of 27
Second:
myes~
Nays:
Approved:
Standerfer
DuPre, Standerfer, Potter, Fawks, Kendall, Shankland, and Stacy
None
7-0 vote
Agenda Item #7-T, ZA 00-025, Site Plan for Parker's Corner, Lot 5R4-R2
ZA 00-025, Site Plan or Lot 5R4-R2, Parker's Comer, being approximately 1.099 acres
of land. The current zoning on the property is "C-2" Local Retail Commemial District.
Owner: Drews Realty Group. Applicant: Mike F. Twichell, L.P.
Chris Carpenter, Senior Comprehensive Planner, stated this was an application for site
plan approval of a one story, 7,145 s.f. retail building on 1.099 acres zoned "C-2" and
located at the southwest intersection of Davis Boulevard and Southlake Boulevard.
John Drews, Drews Realty Group. Mr. Drews was present and noted that the tenant for
the property was Stanley Cleaners.
A discussion was held regarding the need for an 8' sidewalk, and Mayor Stacy
commented that Council might review the ordinance requiring an 8' sidewalk prior to this
sidewalk being built. Mr. Drews stated he would build the sidewalk at whatever width the
ordinance states at the time.
PUBLIC HEARING: No comments were made during the public hearing.
Motion was made to approve ZA 00-025, subject to the Site Plan Review Summary No.
3, dated Jtme 29, 2000; giving consideration to the size of the sidewalk at the time the
sidewalk is built.
Motion:
Second:
Ayes:
Nays:
Approved:
Standerfer
Fawks
Standerfer, Fawks, Kendall, Shankland, DuPre, Potter, and Stacy
None
7-0 vote
Agenda Item #8-A, Ordinance No. 480-332, 1st Reading, (ZA 99-139), Rezoning and
Site Plan for 114 Kimball Square
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. 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.
Senior Comprehensive Planner Chris Carpemer presemed ZA 99-139 for first reading,
noting that the owner of the property was proposing to give the center a "face-lift" while
Regular City Council Meeting Minutes of July 18, 2000 Page 22 of 27
adding approximately 4,000 s.f. The southernmost driveway on Shady Lane and the
driveway on SH 114 exist. The site has been in existence for several years. The following
is a brief history:
o SUP (ZA 84-029) renewal of permit for the sale of off premises packaged
beer was denied in June 1984.
o SUP (ZA 86-050) for the sale of off premises packaged beer was approved
in September 1986, under new ownership.
o C-3 zoning placed on the property in September of 1989.
o Plat Showing was field in May, 2000.
Mr. Carpenter stated in the Site Plan Review Summary No. 5, dated July 14, 2000, the
following summary of variances were being requested:
· Alternate bufferyard locations, widths and number plantings
· Allowing parking spaces in the bufferyard
· Reduced interior landscape area and plantings
· Allowing reductions in the driveway spacing and stacking requirements
· Allowing a commercial driveway on Shady Lane (residential street)
· Reduced building line setback on Shady Lane
· Increased impervious coverage from 75% to 89%
· Allowing exceptions to the articulation requirements
· Placing the dumpster too close to residential property
The issues that arose at the Planning and Zoning Commission meeting included drainage
concerns from neighboring property owners, multiple variances, and tree issues, noted in
the landscape administrator's review. Following the P&Z meeting, the applicant obtained
a professional engineer to evaluate the drainage and grading of the site. This plan was
revised from that submitted to the Commission by reducing the amount of square feet,
increasing the bufferyards and reducing the parking. The applicant was seeking "S-P-i"
zoning due to the unique conditions of the property. The applicant provided a list of uses,
which may be eliminated from the allowed "C-3" uses. [For information, the list is
included in the zoning file.]
Mr. Carpenter noted that a supermajority vote of the City Council [6 of 7 in favor] is
needed as the Planning and Zoning Commission denied this item.
Dan Matise, owner/applicant, Post Office Box 12248, Dallas. Mr. Matise was present
and explained his plans to the City Council. He stated they went into the upgrade
program as the construction was beginning on SH 114. The plans were revised to make
the center attractive even though it would be small. He noted they reduced the square
footage from that submitted to the P&Z Commission, therefore, reducing the requested
variances. He explained to the City Council his reasons for removing approximately
thirty-six (36) trees on the north boundary line and bufferyard. Staff commented that the
total diameter inches of the trees removed equals to 456" diameter inches. Three hundred
seventy (370) inches of the trees removed were of quality and protected trees as
Regular City Council Meeting Minutes of July 18, 2000 Page 23 of 27
designated in the Tree Preservation Ordinance. The trees were removed without a Tree
Removal Permit.
Chief of Building Services Malcolm Jackson stated, "In December 1999, we were first
advised of the tree removal at that particular time. At that time, we went down and took
measurements and determined that of the identified types of trees, 456-inches of trees
were removed and of that total amount, 370-inches were quality trees. We contacted Mr.
Matise and explained the issues that surrounded that. We have been working with him
since then to address the mitigation of those trees. Essentially, he has several options in
terms of mitigation. He can either pay cash payment of the reforestation funds, citations
could be issued to him and those funds could be directed to Municipal Court or we could
work on replanting at other locations, or a combination of those issues. He had expressed
intent to redesign the property and as a part of that he had asked to incorporate that into
both an elevated area or raised area to address drainage as well as parking area. We
recognize that if he places that and gets an approval for site plan that includes parking
area, any place that the parking area rests, is exempt from tree mitigation requirements.
That is to say, if you approve a parking area, any trees that are there can be removed by
that site developer without having to replace or mitigate those trees. However, if it is a
drainage easement, they are also exempt from mitigation. But, the fact that you chose to
change the elevation to address drainage problems does not exempt you from mitigation.
There is no way for us to tell at this time which trees would be mitigated. We would have
to go on site to see where those trees are. If you look at this site plan, and based on what I
am hearing him say, approximately 50% of the surface area where the trees were located
would be in parking lot and 50% would be in some type of bufferyard or raised area, the
50% in parking lot would then be exempted from tree mitigation requirements and the
other would not. We have talked with Mr. Matise and he has a contract sitting in front of
him today to review by his attorney and our plan is to say to him that whatever site plan
approval that you get here, will then determine the exact dollar. But, you will pay into the
reforestation fund $100 per caliber inch for that 460" or he has now countered to say that
he would like to consider off-site plantings. We have agreed to that as a tentative offer."
Councilmember Rex Potter stated he felt Council should be looking at what was before
the City Council currently, stating, "I am not happy about what happened to the trees, but
we let them know that we are not happy." Potter stated, "I see a list of variances that he is
asking for and he needs to work them down."
Jackson stated, "In working with the City Attorney's we put together a plan that we feel
will work best. Mr. Matise has continued to indicate that he will work diligently with us,
but we still have a card that we can play to issue citations, should it become a necessity.
Mr. Matise is fully aware of that."
Councilmember Gary Fawks asked for better exhibits by the second reading of this
ordinance. Councilmembers stated the following items should be addressed prior to the
second reading of the ordinance: detailed landscaping plans; reduce the parking spaces;
the right-of-way landscaping credits [it will change all of the percentages and make the
Regular City Council Meeting Minutes of July 18, 2000 Page 24 of 27
site show better if it were colored in everything that will be landscaped in the right-of-
way].
Motion was made to approve the first reading of Ordinance No. 480-332, (ZA 99-139),
subject to the Site Plan Review Summary No. 5, dated July 14, 2000; granting [on first
reading] the variances requested subject to reconsideration of those variance requests at
second reading and with the interest of the council of seeing some revised plans coming
forward as discussed by Council for the next meeting.
Councilmember DuPre noted she would like to see something fi~om the property
owners in the area that they are happy with the changes made to the center.
Councilmemer Kendall expressed concerns with the amount of time and with
changes made since the Planning and Zoning meeting, whether the public was
notified that this was coming to council at this time? Karen Gandy stated that no
additional notification was made after the P&Z meeting. It was noted that the
SPIN meeting was held in September 1999.
Motion:
Second:
Ayes:
Nays:
Approved:
Standerfer
Fawks
Standerfer, Fawks, Kendall, Shankland, DuPre, and Stacy
Potter
6-1 votes
Agenda Item #9-A, Resolution No. 00-80, Appointment to Members of Board of
Directors for the Tax Reinvestment Zone (TIF) Number One
City Secretary Sandra L. LeGrand explained that Resolution No. 00-80, was to appoint
members of the City Cotmcil to the TIF No. 1 Board for the terms to coincide with terms
on the City Council; also extending the term of Susan Logan as CISD Representative for
one year.
Motion was made to approve Resolution No. 00-80, appointing each of ourselves [City
Council members] to the TIF Board for the term of our offices; and reappointing Susan
Logan for one year.
Motion:
Second:
Ayes:
Nays:
Approved:
Standerfer
Shankland
Standerfer, Shankland, DuPre, Potter, Fawks, Kendall, and Stacy
None
7-0 vote
Agen0a Item gl0-C, Request for Variance to Sign Ordinance for Matarangi Ltd.
Located at 325 Miron Drive
Chief of Building Services Malcolm Jackson introduced the request for variance to the
Sign Ordinance No. 704-A, for Matarangi, Ltd., located at 325 Miron Drive. The subject
office building was completed in February of 1999. The owner of the building has placed
Regular City Council Meeting Minutes of July 18, 2000 Page 25 of 27
the sign structure at the request of his tenants in what appeared to be an appropriate
location, respecting the landscaping; however, it did not meet the required setback.
When the contractor was called to make the lettering for the sign the violation was
noticed. Other buildings in this development have similarly styled monument signs.
Section 16-B of the sign ordinance required monument signs to be set back a minimum of
15 feet from the property line. The proposed sign in the front yard is approximately at the
property line. Jackson stated that staff was recommending the variance be granted subject
to whatever changes or conditions Council deems appropriate.
Motion was made to approve the variance to the sign ordinance for Matarangi, Ltd., at
325 Miron Drive, Southlake.
Motion:
Second:
Ayes:
Nays:
Approved:
Potter
DuPre
Potter, DuPre, Standerfer, Fawks, Kendall, Shankland, and Stacy
None
7-0 vote
Agenda Item #Il-A, Discussion: Ordinance No. 778 and Ordinance No. 480-KK,
Pertaining to Noise Regulations
Chief of Building Services Malcolm Jackson presented for discussion revisions to two
ordinances relating to noise: Ordinance No. 778, Noise Ordinance and Ordinance No.
480-KK revising the zoning ordinance regarding noise. As background information he
stated, "This ordinance was originally adopted in June 1988 as a "nuisance" ordinance.
For the purposes of explanation, both the existing and proposed ordinances will be
referred to as "noise" ordinances to avoid confusion. During the past several years, the
city responded to several noise situations and both the police services and code
enforcement experience some difficulty in resolving the complaints for several reasons
under the existing ordinance. The existing ordinance also relies heavily on subjective
judgment that mandates a much greater degree of evidentiary support than can typically
be achieved for successful prosecution. The Southlake Department of Public Safety
conducted extensive research, including contacting the Rutgers Noise Technical
Assistance Center, located in the Department of Environmental Sciences at Rutgers
University. In the development of this ordinance, we incorporated both objective
standards and subjective provisions within the ordinance to maximize the application and
enforcement capabilities."
Regarding changes to the Zoning Ordinance, it is necessary to remove the general noise
regulations from the zoning ordinance and replace them with appropriate references to
Ordinance No. 778.
Mayor Stacy asked the City Council to review the ordinances and bring any
recommended changes or suggestions to Malcolm Jackson for incorporation into the draft
ordinances. This item will be placed on a future agenda for consideration of first reading.
Regular City Council Meeting Minutes of July 18, 2000 Page 26 of 27
Agenda Item #12, Adjournment
Mayor Rick Stacy adjourned the meeting at 12:30 a.m.
ATTEST:
Sandra L. LeGrand
City Secretary
Regular City Council Meeting Minutes of July 18, 2000 Page 27 of 27
Art Ili the $qtzgre
Southlake Women's Club has set the dates for Art In The Square for 2001.
The dates will be Friday April 27, through Sunday 29, 2000.
This date has been set to maximize the success of Art In The Square. The
same principles for selecting the dates last year were used again this year.
Art In The Square for 2001 falls the week -end between Ft. Worth
Main Street Days and Cottonwood Festival in Richardson.
This helped us attract out of state artists already coming to the
Metroplex for these events.
Other Week -ends in April were considered
- 1st Week -end in April
Nascar holds races at the speedway already increasing
traffic through the city for that event.
Weather is usually milder later in the month.
- 2nd week -end in April
Easter week -end in 2001
This puts Main Street Days a week later than it is usually
scheduled
- 3rd week -end in April
Main Street Days in Ft. Worth
Could take many of our artists being a larger
and longer established event.
- 4th week -end in April
Arbor Days in Bedford
This does not draw from our artists or entertainment.
Crowds may come from some of the same areas but
with 3 day free events this should not pose a
problem
Denton Arts Festival
Does not draw the quality of artists or entertainment
we do ( more arts and crafts )
- 1st week -end in May
Cottonwood Art Festival
This is a well established event ( over 30 years)
would take a major portion of our artists.
Art ID the $qu re
- 2nd week -end in May
Usually Mothers' Day week -end, may make it difficult
to get workers on Mother's Day from a women's
organization.
This would place the event after the final meeting
of our calendar year. That plus the end of the school
year proves to be difficult to organize volunteers from
this week -end on through May.
A fall festival was talked about, but considered impossible for our
organization to pull together. We do not resume until the second
week of September leaving very little time to organize prior to the
event.
We are finding that our dates need to be established a year or two in advance
to help assure the return of quality artists. The artists are the foundation of
our event.
We understand that these dates are the week -end of early voting, which
will be held in the city building once it is open. We are proposing that SWC
post signs on all parking spaces on Main Street in front of the building and
on the park side for early voting parking. This makes it easy for anyone
wishing to vote to enter from Carroll and exit 1709. Or they may come from
1709 and exit Carroll and avoid most of the traffic around the square.
Additional spaces along Main Street may be marked for voting if needed.
This can be determined when the exact number of spaces are known . We
will make available the number of spaces provided for parking at past early
voting sites. We feel the event may actually increase the number of early
voters. Many may take advantage of being able to vote as long as they are
there. We are also considering allowing artists to begin setting up Thursday
evening. This would ease some of the congestion on Friday created by the
artists arrival and set -up.
We are more than willing to work with the city to make this work for
everyone.
SENIOR ADVISORY COMMISSION
July 16, 2000 1 7 an
OFFICE OF CITY SECRETARY
Dear Members of Southlake City Council:
As members of the Senior Advisory Commission, we are charged with the responsibility
of advising our City Council regarding the concerns and needs of our senior population.
Transportation for senior adults continues to be an important area of concern.
Mr. Dick Johnston of C.A.R.S. has supplied the attached mid year statistics to show both
increased riders and volunteer participation in this new service.
Our Commission believes this transportation service meets an important need both to
seniors participating at the Senior Activity Center and to those in our community who
need transportation for both vital medical services, as well as personal needs such as
shopping.
Based on the unanimous vote of the Senior Advisory Commission, please consider this a
letter of support for the $30,000 funding request of C.A.R.S.
The Commission believes that the increased use of C.A.R.S. warrants a re- negotiation of
the contract with NETS. It is our understanding from Mr. Johnston, that currently NETS
is providing service to 1 Southlake resident in need of a wheelchair- equipped van. Since
C.A.R.S. is providing all other senior transportation, the 50 cents per capita assessment is
fairly high. The Commission recommends offering NETS a lower stipend to provide
wheelchair transport only at a lower cost to the City, in order to help fund C.A.R.S.
ane Alexander, enior Advisory Commission Chair
S elotic4.9
Darla Lattimore, Senior Advisory Secretary
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Call A Ride of South lake, Inc. 7/18/2000
Financial Report
Nov. 99 - Sept. 2000
INCOME Nov. 99 thru June 2000 Jul-00 thru Sept. 2000
Contributions $22,580.25 $496.30
Donations (riders) $672.00 $60.00
$7,500.00 pending
TOTALS $23,252.25 $8,056.30 $31,308.55 -
EXPENSES:
Filing fees(irs) $525.00. 0
Insurance $3,642.26
Loan Interest $157.01 0
Office Supplies $438.31 $719.15 est.
P 0 Box rental $46.00 0
Office Rent $3,000.00 $1,500.00
Payroll $1,470.00 $3,000.00 est.
—
Payroll Liabilities $109.40 $262.50 est.
Postage $53.79 $25.00 est.
Program
Expenses (Signs,
Brochures, etc. $2,003.72 $579.72
Telephone $1,209.05 $457.11 est.
TOTALS $12,654.54 6543.48 $19,198.02
Additional Office
Needs
File Cabinets $200.00
Printer $250.00
Calculator - $50.00
—
TOTAL $500.00
Expected Fund
Raising Expense $2,000.00 $2,500.00
Grand total exps. $21,698.02
Page 1
•
CALL A RIDE of SOUTHLAKE, INC.
Equipment Inventory
Equipment:
Contributed to CARS:
2 computers /monitors and software
1 fax machine
1 paper shredder
1 printer
1 processor with keyboard and mouse (no monitor)
1 computer desk
1 computer desk chair
1 stand
Loaned to CARS:
1 Minolta copier
1 computer desk and return
2 desk chairs
1 two drawer file cabinet
1 card table with 4 chairs
7/18/2000
City of Southlake, Texas
MEMORANDUM
July 7, 2000
TO: Billy Campbell, City Manager
FROM: Greg Last, Director of Economic Development
SUBJECT: Sabre Corporate Campus Project - Resolution No. 00 -73, amending the current tax
abatement agreement among the City of Southlake, Texas, First Security Bank,
National Association as owner trustee of the TSG Trust 1999 -1, and Sabre Inc. a
Delaware Corporation; authorizing its execution by the Mayor; and providing an
effective date.
Action Requested: Approval of the amendment to the current tax abatement agreement.
Background
Information: The current "Sabre" tax abatement agreement was approved via Resolution 99-
58 and executed on August 10, 1999. They received their zoning and site plan
approvals and have begun construction. We previously discussed the likelihood
that the abatement agreement exhibits for the "premises" would need to be
amended based on the fmal approved development plan and their construction
phasing. The only other change is that the ownership interests were assigned in
accordance with provisions of the current agreement. The attached amendment
to the tax abatement agreement reflects the following changes:
• Entity Name Change: The entities "Maguire Partners -Solana Holdings,
L.P." and "Maguire Partners Westlake Partnership" have changed to "First
Security Bank, National Association as owner trustee of the TSG Trust
1999 -1" (a synthetic lease arrangement). Synthetic leases are financing
vehicles used primarily by investment grade corporations to achieve off -
balance sheet accounting (operating lease) for GAAP purposes and on-
balance sheet accounting (depreciation deduction) for tax purposes. For
construction properties (such as Sabre's new headquarters facility), Sabre is
the Construction Agent and responsible for all aspects of the project. Under
a synthetic lease, a special purpose entity (TSG Trust 1999 -1) is formed to
own the property (therefore, TSG Trust 1999 -1 is the lessor. Upon project
completion, the TSG Trust 1999 -1 leases the property to Sabre. Sabre plans
to lease the Properties and Improvements from the TSG Trust 1999 -1, which
is to be a bankruptcy- remote special purpose trust owned by Bank of
America National Trust and Savings Association and certain other banks
participating in the lending syndicate.
• Premises Exhibit Change: The "Exhibit B" of the agreement addresses the
various "premises" that represent the multi -year construction program for
the Sabre project. This exhibit needs to be amended to reflect the current
construction intended for Phase I as well as the approved Development Plan
resulting from the city approval process.
5� -1
Financial
Considerations: None, there have been no changes to any financial aspect of the agreements.
Citizen Input/
Board Review: None required.
Legal Review: The city attorneys have been involved in reviewing and modifying the
documents as enclosed.
Alternatives: Approval, modified approval, denial.
Supporting
Documents: Attached is the specific document for this agenda item as referenced above.
City Council
Actions:
Staff
Recommendation: Consider action desired and approve if found appropriate.
5 E -
1