1996-12-17 CITY OF SOUTHLAKE
667 NORTH CARROLL AVENUE
REGULAR CITY COUNCIL MEETING
DECEMBER 17, IN
MINUTES
COUNCILMEMBERS PRESENT: Mayor Rick Stacy; Mayor Pro Tern W. Ralph Evans;
Deputy Mayor Pro Tern Pamela Muller. Members: Scott Martin, David Harris, Gary Fawks, and
Wayne Moffat.
CITY STAFF PRESENT: Shana Yelverton, Assistant City Manager; Kevin Hugman, Assistant
to the City Manager; Lou Ann Heath, Director of Finance; Kim Lenior, Director of Parks and
Recreation; Greg Last, Director of Community Development; Karen Gandy, Zoning
Administrator; Billy Campbell, Director of Public Safety; Wayne K. Olson, City Attorney; and
Sandra L. LeGrand, City Secretary.
INVOCATION: Mayor Pro Tern W. Ralph Evans.
WORK SESSION: The work session was held to discuss agenda items by Council and staff.
The Regular City Council meeting was called to order at 6:05 p.m. by Mayor Rick Stacy.
Agenda item #2-A. Executive Session
Mayor Rick Stacy advised the audience that Council would be going into executive session
pursuant to Chapter 551 of the Texas Government Code Sections 551.071, 551.072, 551.074,
551.076 of the Open Meetings Act, to seek the advice of the City Attorney with respect to pending
and contemplated litigation and to discuss the purchase, exchange, lease or sale of real property
and to consider the appointment and evaluation of public officials, and regarding the deployment
of specific occasions for implementation of security personnel or devises.
Council adjourned for executive session at 6:07 p.m.
Council returned to open session at 7:10 p.m.
Agenda Item g2-B. Action Necessary/Executive Session
No action was necessary as the result of the executive session.
Agenda Item #3. Anproval of the Minutes of the December 3. 1996 City Council Meetin~
REGULAR CITY COUNCIL MINUTES OF THE 12/17/96 MEETING PAGE 1 OF 16
Motion was made to approve the Minutes of the City Council meeting held on December 3, 1996.
Motion: Harris
Second: Muller
Ayes: Harris, Muller, Martin, Fawks, Moffat, Stacy (Evans left the meeting and did not vote)
Nays: None
Approved: 6-0 vote
Agenda Item #4--A. Mayor's Reoort
Mayor Stacy recognized Robert Poole, Scout Master of City of Southlake Troop 928, of the Boy
Scouts of America with a surprise proclamation in his honor recognizing the accomplishments he
has made with the Boy Scouts of America. Present with Mr. Poole were members of Troop 928
who gave him a standing ovation.
The Scouts led the Pledge to the Flag.
Mayor Stacy stated he and others toured the house the city purchased on the Timarron/Richards
site on F.M. 1709, as a possible future Senior Center of Southlake. He stated those who made
the tour expressed the possibility of this use by the seniors of Southlake.
Deputy Mayor Pro Tem Pamela Muller reported on a recent National League of Cities Seminar
which was held in San Antonio, whereby she and Councilmembers Scott Martin and Gary Fawks
attended. Ms. Muller noted it was a very informative seminar and those attending received a lot
of benefit from it. She stated she particularly found helpful the sessions on telecommunications.
Mayor Stacy stated he attended the holiday concert given by the Lake Cities Community Band on
December 15, and that it was most enjoyable. He also encouraged those present to purchase the
first annual Chrisanas tree ornament for the City of Southlake, stating the ornament has a picture
of the Feehtel Farm on it.
Mayor Stacy reported that Rod Johnson has resigned as a member of the SPDC and the Park and
Recreation Board, where he served as chairman. Johnson sited working out of the country as the
reason for the resignation. The Mayor thanked Mr. Johnson for the many hours he worked for
the betterment of the City of Southlake.
Agenda Item #4-B. City Manager's Report
Shana Yelverton, Assistant City Manager, informed the audience that the City Manager, Curtis
Hawk, is currently in South Africa with a group of students from UTA, who have been enjoying
the opportunity to examine the culture and government of the area through the tours arranged for
the group.
Mayor Stacy announced the changes to the agenda:
Items #8-A, #8-B, #8-F are being tabled until January 7, 1997
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Item g5-F and gl0-C are being removed from the agenda
Item g8-D is being tabled until the 2nd reading of the zoning case
Aeenda Item #4-C. SPIN Report
Pattie Minder, Representative of SPIN g8, stated her area is located in the southeast portion of
the City of Southlake, however, for the entire SPIN Program, during 1996, there were 36 SPIN
meetings and 1,178 residents in attendance during the year, which makes the organization a
success, according to officials. Ms. Minder referenced several problems experienced in SPIN gs,
including: drainage problems; trash recycling during the summer months; drainage problems with
the area to the east of Woodland Heights; the lights at the Kroger Store effect driving at night in
that area; the Ritz buildings have been a problems with their lights; and the major problem being
the stop light on F.M. 1709 at Village Center Drive.
Aeenda Item #5. Consent Agenda
The consent agenda items consisted of the following:
5-A. Authorize the Mayor to enter into an Interlocal Agreement between the City of Southlake
and City of Forest Hill for the purchase of a pursuit vehicle.
5-B. Authorize the City Manager to enter into an agreement between the North Central Texas
Council of Governments and the City of Southlake to provide Internet Services.
5-C. Authorize the Mayor to enter into an agreement between the City of Southlake and
Metroport Meals on Wheels for weekly senior citizen luncheons and home meal delivery.
5-D. Authorization to advertise for bids for a backhoe tractor for Water Utilities Department.
5-Eo
Authorize the Mayor to enter into Change Order No. 1, with Sutton and Associates to
reconstruct portions of Woodland Drive, Crescent Drive and Southlake Park Road West
in the Grace Estates and Southlake Park Additions. (This item removed from Consent
Agenda)
5-F. Resolution No. 96-42, appointment of members to the Youth Park and Recreation Board.
5-G. Resolution No. 96-74, for Criminal Justice Funding.
10-A. Developer Agreement with The Woods, Lots 1-8, Block 1, located on the southeast corner
of the intersection of Florence Road and Pearson Lane.
Motion was made to approve Consent Agenda Items g5-A, g5-B, g5-c, g5-E, g5-G, gl0-A,
changing the amount in #5-C to $5,000 per year pro-rated from January to October for a total of
REGULAR CITY COUNCIL MINUTES OF THE 12/17/96 MEETING PAGE 3 OF 16
$3,750.
Motion: Harris
Second: Martin
Ayes: Harris, Martin, Fawks, Muller, Moffat, Stacy
Nays: None
Approved: 6-0 vote
ADDITIONAL INFORMATION ON CONSENT ITEMS
Inteflocal Agreement between the City of Southlake and the City of Forest Hill for the
purchase of a pursuit vehicle. The City of Forest Hill asked the City of Southlake to
include one pursuit vehicle for them when Southlake bids for vehicles. At the time of
delivery, the City of Forest Hill will pay Southlake for the vehicle and any related costs
owed to the vendor. This is a legal and common use between governmental entities.
5-8.
An agreement between the North Central Texas Council of Governments and the City of
Southlake to provide Internet Services. Staff has been working on a project to develop a
Homepage for the City of Southlake on the Internet. This homepage will provide
information to residents and non-residents about City services, meeting agendas, minutes,
departmental information, and SPIN information, etc. It will also provide links to the
Chamber of Commerce and CISD homepages. The City can purchase a high-end PC with
associated software and create our own Web server. The cost of the required hardware
and software is approximately $10,000 to $25,000. In addition, we would need to lease
a T1 link to the Internet at a cost of several thousand dollars per year. NCTCOG has
provided Web server space and the line to the Internet; they cannot provide the link
between our PC's and their Web servers.
Agreement between the City of Southlake and Metroport Meals on Wheels, expanding
the bi-monthly luncheons to weekly luncheons, beginning in January 1997. The Senior
Advisory Commission has received the agreement and unanimously voted to recommend
the agreement. The City has budgeted $800 for bi-monthly senior luncheon supplies for
FY 1996-97. The MMOW agreement is for weekly luncheons, home meal deliveries, and
a Senior Luncheon Coordinator beginning January 1, 1997 to September 31, 1997 (39
weeks). The weekly cost of the MMOW agreement is $48.00 ($2500/52). Therefore, the
total cost of this agreement is $1872 ($48X39) less the budget funds of $800, equals an
additional cost of $1072 for FY 1996-97.
Advertise for bids for a backhoe tractor for Water Utilities. The City Council in the
FY96-97 Budget allocated $70,000 out of expenditure line item 200-147-5-920.00 for a
new backhoe tractor for use in Water Utilities. The tractor will be larger in size to allow
Water Utilities to efficiently and safely dig a twelve-foot trench.
5-E. Change Order No. 1 with Sutton and Associates to reconstruct portions of Woodland
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iO-A.
Drive, Crescent Drive and South Lake Park Road West in the Grace Estates and South
Lake Park Additions. The contractor, Sutton and Associates, has agreed to extend the bid
prices for the additional work. Based upon additional costs, the Change Order No. 1 is
for $35,731.52 or 18% of the original contract of $197,448.59. The streets which are
proposed to be reconstructed are: Woodland Drive from Briar Lane north to South Lake
Park West (approx. 700 ft.); Crescent Drive from Woodland Drive north to the end
(approx. 725 ft.); South Lake Park West from Woodland Drive to South Lake Park Road
(approx. 400 ft.). The water mains in South Lake Park and Grace Estates Additions are
on a private water supply corporation, therefore, this Change Order No. 1 is for the
reconstruction of the streets only.
Resolution No. 96-74, for Criminal Justice Funding. Until recently we have not had the
opportunity for Criminal Justice grants or ancillary funding due to a variety of
disqualifications. Because of the increased size and activity, today we have more
opportunities to participate in the Criminal Justice funding grants.
The Woods Addition is proposing eight (8) residential lots. The addition is located at the
southeastern comer of Florence Road and Pearson Lane. All the lots will have access to
public water and frontage on either Florence Road or Pearson Lane. The only public
infrastructure to be built is the sanitary sewer. An estimated one-half of these lots will be
located in the S-1 Drainage Basin. Through the Interlocal Agreement with the City of
Keller, these lots may be connected to Keller Sanitary Sewer System. The eastern lots are
in the S-2 Drainage Basin; therefore, the developer will need to install a sanitary sewer to
serve these lots.
Currently, there is no outlet for the sanitary sewer so it will need to be plugged until the
City brings the sanitary sewer mains to the Sutton Place Addition. The sewer extension
from the S-2 sewer trunkline to Sutton Place is scheduled for 1997, utilizing Community
Development Block Grant (CDBG) funds, through a federal grant program. The developer
of The Woods will pay the required park fees of $4,000 (8X$500/lo0. The City will
collect the appropriate water, sewer, and street impact fees when building permits are
issued.
Agenda Item #5-F. Resolution No. 96-42. Annointments to Youth Park and Recreation
Resolution No. 96-42 was approved naming the following to the Youth Park and Recreation
Board:
NAME: TERM TO EXPIRE:
Matt Bert 12/97
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Crystal Bickford 12/98
Matt Bickford 12/97
Sarah Brannan 12/98
Ashley Eden 12/98
James T. Frick 12/97
Christopher Sehaum 12/98
Motion: Harris
Second: Muller
Ayes: Harris, Muller, Fawks, Moffat, Martin, Stacy
Nays: None
Approved: 6-0 vote
Anenda Item #6. Public Forum
Bob Hudnal, 1402 Plantation, Ceder Creek Plantation, is president of the Homeowners
Association. Mr. Hudnal stated they are on septic systems and have underground springs which
create problems. They have sewerage in the if front and back yards. He asked Council what the
criteria it for getting on the City priority list for having sewer installed. Mr. Hudnal stated they
participated in the Coventry Addition, with the Coventry sewer running through the Cedar Creek
Plantation Addition. There are only fourteen (14) lots in their addition and they asked Council
to put their request in the next budget.
Mayor Stacy stated he appreciated their problems, and added, that the City Council
has received Mr. Hudnal's letters with regard to this request.
Councilmember Ralph Evans arrived at this time.
Marilyn Miles, 5609 Hensley Drive, Fort Worth. Ms. Miles referenced a letter she has written
to the Mayor and Council requesting to be put on the Council agenda so that her property can be
considered to be exempt from being taken by eminent domain by the City of Southlake for a park.
She asked that this process take place as soon as possible since the Texas Department of Parks and
Wildlife will consider funding for Bob Jones Park on January 23, 1997. Ms. Miles went on to
say that her property is included in the Master Plan for the Bob Jones Park. Ms. Miles stated in
October, 1996, at a Parks and Recreation meeting, the board voted to recommend to the zoning
board that a road not be placed through her property and that the above described property not be
taken by eminent domain as long as the owner did not want to sell it and as long as the owner
could be located. Ms. Miles stated the City did not put a road through Marilyn Tucker's property,
and she is asking for the same consideration. She noted almost 1,000 acres of her family's land
has already been taken for a lake to provide drinking water and has not been used for that purpose
to any great extent. Ms. Miles stated she does not want to have to go to Austin on January 23,
1996 and unite with groups from Fort Worth and Dallas, adding, they do not want to be the
center of controversy. She wants to be a good citizen and not cause concern for the good
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reputation of Southlake.
Debm Edmondson, 1306 Plantation Drive, Southlake. Ms. Edmondson expressed concerns with
the septic problems in her addition, adding, the problems are bad and she is hopeful Council will
consider this during the budget revisions at mid-year.
Sherry Berman, 818 Parkdale Drive, Southlake. Ms. Berman came before Council with regards
to Rialto Development. She addressed the meeting in which a citizen sits there until 1:30 a.m.
to hear their agenda items. She commented that the City Council does not have time to evaluate
developments at that hour of the night. She referenced a vote taken by the Planning and Zoning
Commission. The trees are a big concern to her with regard to the Rialto Development.
Public Forum Closed.
Agenda Item gT-A. Ordinance No. 506-B. 2nd reading Sima Ordinance.
Bob Whitehead, Director of Public Works, led the discussion with regard to the 2nd reading of
Ordinance No. 506-B, amending Ordinance No. 506-A, Sign Ordinance, reviewing the two
amendments being considered by the City Council.
Public Hearing resulted with no comments from the audience.
Motion was made to approve the amendment to the Sign Ordinance No. 506-B on second reading.
Motion: Muller
Second: Fawks
Mayor Rick Stacy read the caption of the ordinance.
Ayes: Muller, Fawks, Moffat, Martin, Harris, Evans, Stacy
Nays: None
Approved: 7-0 vote
Aeenda Item #8-A. Ordinance No. 480-219. 1st reading (ZA 96-124)
Ordinance No. 480-219, 1st reading, (ZA 96-124), Rezoning and Concept Plan for Crestwood
Office Park, being approximately 3.5083 acres situated in the W.W. Hall Survey, Abstract No.
695, being a portion of Tract 3D as recorded in Volume 8564, Page 285, D.R.T.C.T. Current
zoning is "AG" Agricultural District, with a requested zoning of "S-P-2" Generalized Site Plan
District with "O-1" uses. Applicant: M & M Group, Inc. Owner: CFNVESTS Southlake JV.
Motion was made to table Ordinance No. 480-219, 1st reading, at the request of the applicant,
time certain January 7, 1997.
Motion: Harris
Second: Muller
Ayes: Harris, Muller, Moffat, Martin, Evans, Fawks, Stacy
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Nays: None
Approved: 7-0 vote (to table)
Agenda Item #8-B. ZA 96-149. Plat Revision for the nro_nosed Lot 1RI. Block 1. W.E.
Mavfleld Addition
ZA 96-149, 1st reading, Plat Revision for the proposed Lot 1R1, Block 1, W.E. Mayfield
Addition, being a revision of Lot lei, W.E. Mayfield Addition, and being approximately 0.892
acres of land situated in the Samuel Freeman Survey, Abstract No. 525, and the Thomas Easter
Survey, Abstract No. 474. Owner and Applicant: Liberty Bank.
Motion was made to table ZA 96-149, Plat Revision of the proposed Lot 1R1, Block 1, W.E.
Mayfield Addition, at the request of the applicant, time certain January 7, 1997.
Motion: Muller
Second: Fawks
Ayes: Muller, Fawks, Moffat, Martin, Harris, Evans, Stacy
Nays: None
Approved: 7-0 vote (to table)
Anenda Item #8-C. Ordinance No. 480-223.1st reading CZA 96-136)
Ordinance No. 480-223, 1st reading (ZA 96-136), Rezoning and Concept Plan for Foxborough
(Formerly Fox Glen), for approximately 23.7 acres being Tract 3F and approximately 0.186 acres
being a portion of Tract 3E in the W.W. Hall Survey, Abstract No. 695. Current zoning is "AG'
Agricultural District and "O-1" Office District, with a requested zoning of "SF-20A' Single
Family Residential District. A Concept Plan for Foxborough totaling approximately 48.9 acres
will be considered with the rezoning request plus additional acreage as follows: approximately
21.72 acres, described as the northern portion of Tract 3E in the W.W. Hall Survey, Abstract No.
695, previously zoned "SF-20A' and approved as Country Meadow Estates; approximately 1.72
acres zoned nO-l" Office District; and approximately 1.47 acres zoned "C-l" Neighborhood
Commercial District. Applicant: Crumbaker Development, Inc. Owners: Beulah Cross c/o Ben
Muir (Tract 3F) and Homei Liao and Jai Her Hwang, Trustees (Portion of Tract 3E).
Karen Gandy, Zoning Administrator, stated forty-one (41) notices were sent and because over
notification did occur, only seventeen (17) of the written responses were received from within the
200' notification area, including: Candance Harris, 920 Ownby Lane, Southlake, opposed;
Carolyn Hays, 807 East Southlake Blvd, Southlake, did not register opposition, but offered
concern about the initial appearance and future maintenance of Common Area No. 1 across from
her home on Southlake Blvd.; R.T. Blair, 850 Ownby Lane, Southlake, opposed; Kenneth
Clifford, 2576 Oak Road, Southlake, opposed; Jim and Becky Settles, 410 Southview Trail,
Southlake, opposed. A petition was presented with the following names: Ted and Debra Harbour,
Richard and Marilyn Lawrence, Leroy Sisco, Larry Mahan, Dennis Murphy, Paul Souirer, Randy
and Tracy Blain, Loran and Nan Naughen, Tom and Diane Akers, Candace Harris, Ken and Sarah
REGULAR CITY COUNCIL MINUTES OF THE 12/17/96 MEETING PAGE 8 OF 16
Clifford, and Joe and Jeanne D'Amico.
Six (6) responses were received outside the 200' notification area, including: Kenneth and Amelia
Gardner, 550 Bentwood Lane, Southlake; Tom Miller, Diamond Ltd., 4217 Bentwood Lane,
Southlake, opposed; David and Catherine Moberg, 503 San Juan Drive, Southlake, opposed;
James and Elaine Wood, 1040 Diamond Blvd. Southlake, opposed, Verne H. Rainey, 1020
Diamond Blvd. Southlake, opposed. The applicant has met all the items in Concept Plan Review
Summary No. 1 dated October 11, 1996 and Concept Plan Review No. 2 dated November 1, 1996
with the exception of those items addressed in the Concept Plan Review No. 4 dated December
13, 1996.
Councilmember David Harris stated he wanted to be sure we had
something on the record and recalled that Mr. McMahan
represented Mr. Settles and he has the second lot north of Ownby
that would be on the west side, adjacent to this property and there
is a drainage problem back there and the applicant has agreed that
he will tie onto that line.
David McMahan, 1335 Hidden Glen, Southlake, is a representative of the Crumbaker
Development, Inc. McMahan stated he presented the first submittal and plan after a SPIN group
meeting, eliminating cut-through traffic.
Mr. McMahan stated he has no problem talking about water coming out of the Southview
Addition. They will pick up the water and go back in an easement and carry water in the pipes
to the pond. They will be helping everyone in terms of drainage.
With the revised plan there are 63 residential lots, one office lot, and two common properties.
There are three less residential lots than what was previously approved. There is a major drainage
problem on this property and they have created a detention/retention pond. They will also stub
out the road to the east.
Councilmember Scott Martin stated he has followed the plan
through SPIN and paid attention to the design and modifications
made and he appreciates the diligence in addressing the concerns of
the neighbors. This will show how we can have residential up and
down the corridor.
David McMahan addressed a driveway to the west, stating he does not have a problem with this,
but he wants it as far to the west as possible.
Councilmember Muller stated she has a concern with the driveway
onto F.M. 1709.
REGULAR CITY COUNCIL MINUTES OF THE 12/17/96 MEETING PAGE 9 OF 16
Motion was made to approve Ordinance No. 480-223, 1st reading, pursuant to the Concept Plan
Summary Review Letter #4 dated December 13, 1996; amending to allow the Concept Plan as
shown for the common lines between Lots 27 and 28, Block 1, as well as Lots 6 and 7 of Block
3; noting the planting material of the bufferyard type K may be disbursed throughout the entire
common area adjacent to F.M. 1709; deleting the required bufferyard along the southern most
head wall of the retention pond at F.M. 1709; approving the common access easement on the
southwest corner of Lot 1 Block 1 and requesting that staff initiate the City rezoning of that plat
from "C-I" to "O-1"
Motion: Martin
Second: Fawks
Mayor Rick Stacy read the caption of the ordinance.
Public comment: Tamara McMillion, Mission Hills Estates. Ms. McMillion stated, "The people
not showing up for this item does not indicate that people are not interested, as it is so close to the
holidays., Ms. McMillian stated many people have been to four meetings on this project. She
stated she is SPIN #10 liaison for Mission Hill Estates. She presented petitions from Mission Hill
and Diamond Circle Estates. She has not received any phone calls of people who may have
changed their minds. Issues include: adjacent to Diamond Circle Estates with one acre lots, even
though the zoning permits more density, they would prefer larger lots; and access onto F.M. 1709
is also a concern.
Ayes: Martin, Fawks, Muller, Moffat, Evans, Harris, Stacy
Nays: None
Approved: 7-0 vote
Council adjourned for recess at 9:00 p.m.
Council returned to open session at 9:20 p.m.
Aeenda Item #8-D. ZA 96-137. Prelhninarv Plat for Foxboroueh
ZA 96-137, Preliminary Plat for Foxborough (Formerly Fox Glen), on property described as
being appromixately 48.9 acres, being Tracts 3E and 3F in the W.W. Hall Survey, Abstract No.
695. This plat proposes 63 residential lots, 2 non-residentiai lots, and 3 common areas. The
applicant has amended their original request to 64 residential lots, I non-residential lot, and 4
common areas. Current zoning is "AG" Agricultural District, "SF-20A' Single Family
Residential, "C-l" Neighborhood Commercial District and "O-1" Office District. Applicant:
Crumbaker Development, Inc. Owners: Homei Liao and Jai Her Hwang. Trustees (Tract 3E)
and Beulah Cross c/o Ben Muir (Tract 3F).
Motion was made to table the preliminary plat (ZA 96-137) until such time as the second reading
of the zoning for this property comes forward, at the request of the applicant.
Motion: Martin
Second: Harris
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Ayes: Martin, Harris, Evans, Fawks, Muller, Moffat, Stacy
Nays: None
Approved: 7-0 vote (to table)
p,_~enda Item #8-E. Ordinan~ No. ~0-22,4. 1st roadinp (ZA 96-145~. Southlake Town Center
Ordinance No. 480-224, 1st reading (ZA 96-145), Rezoning and Concept Plan for Southlake
Town Center, on property described as being approximately 109.330 acres situated in the Richard
Eads Survey, Abstract No. 481, being Tracts 2A and 3A and a portion of Tract 3. The property
is bordered by the following thoroughfares: State Highway 114 on the north; Southlake Blvd.
(F.M. 1709) on the south and North Carroll Avenue on the west. Current zoning is "C-3"
General Commercial District, with a requested zoning of "NR-PUD' Non-Residential Planned
Unit Development to include "C-3" General Commercial District uses. Applicant: Rialto
Development, L.P. Owners: Fechtel Group (partnership) with general partners: Alicia Marie
Fechtel, Charles Fechtel, Mary Louise Logan, John Randolph Fechtel, Marguerite Elizabeth
Fechtel, and James Milton Fechtel (Tract 3); and Lorrie W. Klingman, and Carol Jean Peterka
(Tracts 2A and 3A).
Karen Gandy, Zoning Administrator, commented that twenty-four (24) notices were sent to
property owners within the 200' notification area and four (4) responses were received from
within the 200' notification area, including: N.M. Smock, Smock Husseini J.V. 1529 Leimert
Blvd., Okland, California, in favor; Smock & Husseini JV, 4222 Hallmark Drive, Dallas, Texas,
in favor; Juergen Strunck, 200 North Carroll Avenue, Southlake, opposed, "the alignment of
Carroll Avenue at F.M. 1709 is not addressed anywhere.., from the Concept Plan map of the
Town Center I have to assume that the interior street parallels and immediately north of F.M.
1709 dead-ends straight into our driveway...ours seems to be the only residential property targeted
this way...The Commission and the City Council worked many months to establish provisions in
the Corridor Overlay Zone Ordinance and gave many considerations to the Village Center...I
think that it would be wrong to discard all those considerations straight out...movable vendor sales
structures and kiosks sales as requested are objectionable for many reasons."; Steve Yetts,
Timarron Land Corporation, P.O. Box 290, Dallas, Texas, in favor.
Ms. Gandy stated on November 7, 1996, at the Planning and Zoning Commission, the public
hearing continued to November 14, 1996 due to Resolution No. 95-24; on November 14, 1996,
the public hearing continued to November 21, 1996 due to Resolution No. 95-24; on November
21, 1996, the Planning and Zoning Commission approved the zoning (7-0) to close the public
hearing and to table the item until the December 5, 1996 Planning and Zoning Commission
meeting; and on December 5, 1996, the Planning and Zoning Commission approved (3-2) subject
to Plan Review Summary No. 1 dated November 1, 1996. The P & Z recommendation is
outlined in Plan Review Summary No. 2 dated December 13, 1996. The applicant has met all the
items in Staff Review Summary No. 1 dated November 1, 1996, with the exception of those items
in the attached Staff Review Summary No. 2 dated December 13, 1996.
REGULAR CITY COUNCIL MINUTES OF THE 12/17/96 MEETING PAGE 11 OF 16
Mayor Stacy stated, as Council is preparing for this agenda item, he
wanted to take a minute to say he has been around this community
a long time. He was here in 1956 when the City incorported. He
remembers when it was a big thing to dig a well, to try and get
water; he remembers when the volunteer fire department started;
he remembers when the "one acre" lots became popular, some
people wanted less than one acre lots, but to accommodate that, we
needed water and sewer so we signed up ten to twelve years ago.
Someone had a vision to get Southlake what it is today. He stated
he remembers when the Maguire/Thomas Development (IBM) came
to Southlake. As sewer came to the City here came Timarron.
People say when they get here, pass a moratorium and don't let
anyone else here. The Mayor stated he really liked the way the city
was in 1956. "Our job as a community is to try and make the best
with what we have, and to try and make everybody happy and to
conduct our business in such a way that it makes us all proud., He
stated he feels this development that is coming to us tonight started
over a year ago in this developers mind. He stated, "it started
many years ago as this portion of the city was destine to be the
downtown. Having watched our sister cities around the metroplex
develop and a lot of those people have moved to Southlake today,
as they like the way it is coming together. With this development,
it is a way we can protect what we stand for. This development is
the most impactful development that can effect our community for
the next several years or the rest of our lives. If we do it right, we
can be proud. This particular tract of land is all "C-3" now, which
will allow for "big boxes." Let's take advantage of this
development while we have the chance.,
Councilmember David Harris stated for the record, he got elected to this Council seat with the
very strong support of his neighborhood. Prior to running for Council he was an advocate for his
neighborhood. He tried to make it very clear to those folks, that if he got elected to the Council,
the whole city would become his prime concern. If there should be a conflict with his
neighborhood and the interest of the City, he would have to vote with the best interest for the
whole city. Mr. Harris stated when he first met with Mr. Stubbins, he asked Mr. Stubbins for
background information on his company so that he could check him out to satisfy himself and
other people that he had a reason to come here and knew what he was doing. He has watched Mr.
Stubbins surround himself with very good high quality professionals with good reputations. With
outside consultants alone, his investment with this property has now exceeded some $600,000.
He has more invested in Southlake than Mr. Harris has himself with his home. As the Mayor
stated, we are on top of this development, however, we do want the citizens to stay involved in
this process, if they have something to bring to the table. Council is committed to the City and
he also feels Mr. Stebbins and his consultants are also committed to the City.
REGULAR CITY COUNCIL MINUTES OF THE 12/17/96 MEETING PAGE 12 OF 16
Brian Stebbins, 904 Independence Parkway, Southlake. Mr. Stebbins stated "commitment" is the
key word. This is a long term commitment, and they do take pride in what they do. He stated
they want the citizens to be informed on the project. It is not an easy study.
Frank Bliss, 2094 Cortez Avenue, Laguna Beach, California. Mr. Bliss stated for the record that
they have no problems with the Staff Review Summary No. 2, dated November 13, 1996, with
the following exceptions to items:
Ao
Height exceptions for architectural elements above the building (being 26'
above a maximum height of 52').
Staff has withdrawn their objections so language is okay as submitted.
They will separate language to allow on-street parking, making that change.
Ultimately the attorneys for both parties will incorporate language to define
limits of the Carroll alignment, if this alignment occurs. Wayne Olson
stated this is something that can be worked out with both attorneys.
Frank Bliss stated they do have the alignment of Carroll Avenue and it is reflected on their
Concept Plan. There has been some work on the Thoroughfare Plan since that time, as far as the
width of the right-of-way that will be required. They need a determination of the width of the
right-of-way and that will take care of it from a technical standpoint. Greg Last stated all we
need is a center point of North Carroll Avenue.
F. No problem with that.
Frank Bliss stated in reviewing the Planning and Zoning Commission recommendations that they
complied with:
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Permit only-- electrical and gas repair and installation services, etc: lodges,
sororities and/or fraternities; medical care facilities requiring or allowing an
overnight stay, etc.; mortuaries, funeral homes and undertakers; plumbing and
heating appliance repair and installation services; etc.
Section 3.
Building Height: They discussed at the Planning and Zoning Meeting that, from
a design standpoint, that 50' was an appropriate limitation for the parking garage.
They agreed to go 42' but put additional stories underground if needed. It was noted that the
developer docs not intend to include parking garages in the first phase of the project.
Section 5.
Off-Street Parking. Traffic engineer, Rod Kelley, Barton Ashman and Associates,
Dallas, Texas, recommends 35% or a reduction of the sizes of the spaces to the
following: 6.5' width for large cars and 5'8" for small cars widths; He also
recommends 25% compact spaces in parking garages and 9'X18' initially on
REGULAR CITY COUNCIL MINUTES OF THE 12/17/96 MEETING PAGE 13 OF 16
surface parking and 8'X22' on parallel spaces. This issue will be looked at again
when parking garages become necessary. Councilmember Harris stated sometime
before the second reading, he would like for the public safety, and public works
people to get together with Mr. Stebbins to discuss head-in parking vs. parallel
spaces.
Section 10: Want to exempt flagpoles (greater than 50' in height SUP under Ordinance No.
480-U). Limit band shells, park pavilions, above grade structures to 42'.
Section 12.0, 12.1, 12.2 Landscapes and bufferyards: to background section and address later.
Section 13a: Move "Special Events Permits" to background section and address later. City needs
to adopt a new ordinance addressing this use or amend the Mass Gathering Ordinance.
Section 13b: Delete last sentence in section dealing with vendor sales exceeding 3 days per week
requiring special events permit.
Section 13c: Ok by SUP.
Section 14: Outdoor displays and sales, make the change from Director of Community
Development to the City.
Regarding the bufferyard on the east adjacent to Home Depot site, the Planning and Zoning
Commission recommended 25' and the City Council agreed to 15'.
Regarding the alignment of Carroll Avenue as it relates to Juergen Strunck, 200 North Carroll
Avenue: If Carroll Avenue doesn't realign, Mr. Stebbins agrees to alter Strunck driveway
configuration. Mr. Stebbins will try to get a letter of agreement from Mr. Strunck prior to second
reading of this item.
Councilmember Scott Martin raised the issue of liability associated with the
projections into the rights-of-way in the downtown section (Section 4) and also
suggested that they add a new subsection "f" that parking and articulation would
be reviewed on a "block-by-block" basis.
Additional changes include: Section 662: Loading spaces that are adjacent and accessible to
several buildings are ok. Section 9a: Change the vertical articulation code to 25% rather than
15%. Section lla: Define court to include "open court".
Mr. Stebbins committed to "no backs of buildings facing any public streets.'
As presented, no more than 80% impervious coverage unless office development occurs on the
lots adjacent to SH 114. Mr. Stebbins committed to not clear-cut of trees beyond the phase of
REGULAR CITY COUNCIL MINUTES OF TIlE 12/17/96 MEETING PAGE 14 OF 16
development.
Public Comments: Tim Ratliff, 925 South Bend Trail, Southlake. Mr. Ratliff stated he is Vice-
President of the SouthView Homeowners Association, adding, he is impressed with the level of
effort and with the level of talent working on this project. A lot of attention is focused on meeting
the minimum requirements in Southlake, however, they never talk about just meeting the
minimum. He stated he feels careful planning is being done and Mr. Stebbins is consistent and
he can live with that. With regard to the concern of the neighborhood, they want to see the
property next to Carroll Avenue as residential, even if it is high density residential.
Public Comments Closed.
When discussing parking garages, David Schwartz, architect for the project stated parking garages
are complicated because the property is not flat. He noted we are not approving structures
tonight.
Motion was made to approve the 1st reading of Ordinance No. 480-224, subject to the changes
made in this meeting.
Motion: Fawks
Second: Muller
Mayor Rick Stacy read the caption of Ordinance No. 480-224.
Ayes: Fawks, Muller, Moffat, Martin, Harris, Evans, Stacy
Nays: None
Approved: 7-0 vote
Agenda Item # 8-F. Ordinance No. 480-211.1st reading ZA 96-90. Southlake Professional
Plaza
Ordinance No. 480-211, 1st reading (ZA 96-90), Rezoning and Concept Plan for Southlake
Professional Plaza, being approximately 2.95 acres situated in the Hiram Grandberry Survey,
Abstract No. 581, Tract 2C, as recorded in Volume 8374, Page 2186, Deed Records, Tarrant
County, Texas. Current zoning is "AG" Agricultural District, with a requested zoning of "O-1"
Office District. Owner: Marvin C. Kennedy. Applicant: Larry D. Flynn.
At the request of the applicant, motion was made to table Ordinance No. 480-211, 1st reading,
time certain, January 7, 1997.
Motion: Fawks
Second: Muller
Ayes: Fawks, Muller, Moffat, Martin, Harris, Evans, Stacy
Nays: None
Approved: 7-0 vote (to table)
Agenda Item #8-B, Developer Aereement with Southlake Woods. Phase IA.
REGULAR CITY COUNCIL MINUTES OF THE 12/17/96 MEETING PAGE 15 OF 16
Bob Whitehead, Director of Public Works, led the discussion with regard to the Developer
Agreement with Southlake Woods, Phase IA, located north of West Continental Blvd. and west
of South Peytonville Avenue, and east of Davis Blvd, and south of West Southlake Blvd. Mr.
Whitehead stated the City Council, at their December 3, 1996 meeting, tabled this item at the
developer's request, to enable the developer and staff to refine the City's participation in the
reconstruction of West Continental Blvd.
Councilmembers asked Mr. Whitehead if he is comfortable with what the developers have
presented. Mr. Whitehead stated he is comfortable with what they have presented. Mr.
Whitehead stated the dollar figures work out and are consistent with the intent and are consistent
with what the City has done with other additions.
Councilmember Harris asked if there is an over-run, who will bear the loss or
assume the risk? The Developer agreed they will assume the risk of all
contingencies.
Motion was made to approve the Developer Agreement for Southlake Woods, Phase IA, as
presented.
Motion: Harris
Second: Muller
Ayes: Harris, Evans
Nays: Muller, Moffat, Martin, Fawks
Abstained: Mayor
Denied 4-2-1
Agenda Item #12. Ad_iournment
The meeting was adjourned by Mayor Rick Stacy at 1:20 a.m.
M~oi' Rick Stacy
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REGULAR CITY COUNCIL MINUTES OF THE 12/17/96 MEETING PAGE 16 OF 16