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2001-11-26 REGULAR CITY COUNCIL MEETING TOWN HALL, 1400 MAIN STREET SOUTHLAKE, TEXAS MINUTES NOVEMBER 26, 2001 COUNCILMEMBERS PRESENT: Mayor Rick Stacy; Mayor Pro Tem W. Ralph Evans; Deputy Mayor Pro Tem Patsy DuPre. Members: Greg Standerfer, Rex Potter, Tom Stephen and Keith Shankland. 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 Economic Development Greg Last; Director of Human Resources Harold Cates; Director of Community Services Kevin Hugman; Senior Parks Planner Chris Carpenter; Director of Planning Bruce Payne; Senior Planner Ken Baker; Senior Planner Dennis Killough; Director of Public Works Pedram Farahnak; Senior Engineer Charlie Thomas; Director of Public Safety Rick Black; Manager of Building Services Malcolm Jackson; Chief of Police Marlin Price; Plans Examiner Chuck Bloomberg; City Attorney Debra Drayovitch; and, City Secretary Sandra L. LeGrand. WORK SESSION: Mayor Rick Stacy called the Work Session to order at 5:39 p.m. The work session is audio and videotape recorded for future reference. Copies are available from the Office of the City Secretary. ✓ During the work session City Manager Billy Campbell announced that Chuck Bloomberg is the only person in the State of Texas to be certified in International Building Codes. ✓ During the work session it was determined that the following agenda items would be added to the consent agenda: Items #8 -G, #8 -H, #8 -I, #8 -J, #8 -K, #8 -L, #8 -M, #8 -N, #8 -O, and #9 -A. Agenda Item #8 -E was tabled during the work session to the December 18, 2001, City Council meeting. The work session ended at 6:09 p.m. REGULAR CITY COUNCIL MEETING Agenda Item #1 -A, Call To Order Mayor Rick Stacy called the Regular City Council meeting to order at 6:09 p.m. The City Council meetings are video and audio tape- recorded for future reference and copies are available upon request from the Office of the City Secretary. Regular City Council Meeting Minutes of November 26, 2001 Page 1 of 18 Agenda Item #2 -A, Executive Session Mayor Rick Stacy advised the audience that the City Council would be going into Executive Session pursuant to the Texas Government Code, Sections 551.071, 551.072, 551.073, 551.074, 551.086, to seek legal advise from the City Attorney; to deliberate regarding real property matters; to deliberate regarding a prospective gift; to deliberate regarding personnel matters; to deliberate regarding security devices; and /or to deliberate regarding economic development negotiations. Council adjourned into executive session at 6:10 p.m. Council returned to open session at 6:53 p.m. Agenda Item #2 -B, Action Necessary /Executive Session Motion was made to award the bid to ECN Properties for the sale of the West DPS facility site consisting of .87 acres of land to the west of the DPS facility site on F.M. 1709, in the amount of $425,000. Motion: Standerfer Second: DuPre Ayes: Standerfer, DuPre, Potter, Stephen, Evans, Shankland, Stacy Nays: None Approved: 7 -0 vote Agenda Item #3, Invocation /Pledge of Allegiance to the Flag Pastor David Dyke of Refuge Church in Grapevine led the invocation, which was followed by the Pledge of Allegiance to the Flag. Pastor Dyke stated his church goes after young people who do not usually go to church. He stated they work with kids who are victims of drug and alcohol, and they have a lot of fun working with the kids. He asked if anyone has some time he would welcome the help in working with the kids. Agenda Item #4 -A, Mayor's Report During the Mayor's Report, Mayor Rick Stacy announced that his daughter Elizabeth and her husband Scott and young son welcomed Payton Smith into the world on Monday, November 19. He stated that mother and family are all doing well. Mayor Stacy stated that the City Council meeting dates have changed for the next couple of months due to holidays and absences of Councilmembers and that the meetings will be held on the following dates: Tuesday, December 18, 2001 Monday, January 7, 2002 Tuesday, January 22, 2002 Tuesday, February 12, 2002 Tuesday, February 19, 2002 Regular City Council Meeting Minutes of November 26, 2001 Page 2 of 18 Mayor Stacy also announced that December 3 is the date for the Tarrant County Mayor's Christmas Banquet, which will be held at the Texas Motor Speedway Club. He asked if anyone is interested in attending to contact the City Secretary. Agenda Item #4 -B, City Manager's Report During the City Manager's Report, Deputy Mayor Pro Tem Patsy DuPre announced that her husband has been transferred with his job and they will be moving to Virginia. She noted that at this point she does not know when she will be leaving, however, hopes to serve out her term on the City Council. She indicated that she would let the Council and public know of any updates on their plans to move. She stated that her husband John has been with his company for 21 years, and this is a very big promotion for him and the family is very supportive of him. She stated since the headquarters of his company is located in Irving, Texas, that someday they will be back to the area and who knows, she may run for Mayor at that time! Agenda Item #4 -C, SPIN Report Youth Representative for SPIN, Garrett Phillips, gave the SPIN Report. Mr. Phillips gave an update on SPIN meetings that have been planned in the near future, commenting on the SPIN #12 meeting which will be held on November 15, with the topic being the Cross Timber Hills Sewer Project. He stated that this is the time of year that SPIN will begin their recruiting of new representatives for SPIN. He also noted that on December 11, a Joint City Council /SPIN meeting will be held in Town Hall, 3 floor conference room. Agenda Item #4 -D, Park Board Report Lisa Stokdyk made the Park Board report as a member of the board. Ms. Stokdyk stated that recently the board has been working on the facilities usage agreements. She also said that the board recommended a new name for the Sheltonwood Park, and that they selected "Liberty Park." Agenda Item #5, Consent Agenda Mayor Stacy stated that all items listed below are considered to be routine by the City Council and will be enacted with one motion. There will not be separate discussion of items unless a Councilmember or citizen so requests, in which event the item will be removed from the general order of business and considered in its normal sequence. 5 -A. Approval of the Minutes of the Regular City Council meetings held on November 5, 2001, and the Special City Council meeting held on November 12, 2001, (Official Canvass of Local Option Election). Regular City Council Meeting Minutes of November 26, 2001 Page 3 of 18 The Minutes of the Regular City Council meeting held on November 5 were approved 6 -1 vote with Councilmember Rex Potter abstaining as he was absent for the meeting. The Minutes of the Special City Council meeting canvassing the results of the Local Option Election were approved (7 -0 vote). 5 -B. Resolution No. 01 -071, Approving the terms and conditions of a contract for election services between the City of Southlake and the Southlake Crime Control and Prevention District. Resolution No. 01 -071 and accompanying Exhibit "A" provides terms and conditions for the City of Southlake to administer the election to continue the Crime Control District and half -cent sales tax levy. The Southlake Crime Control and Prevention District was initially authorized by voters in November 1997 and will dissolve, or sunset in April 2003. Chapter 362 of the Local Government Code provides that districts may be continued, or reauthorized, upon approval of the Southlake voters. The Board has discussed the possibility of district continuation for a number of months and has indicated a desire to hold the continuation referendum on February 2002. Given the City Secretary's expertise in administering elections, the Board feels it is logical for the District to look to the city for this service. 5 -C. Resolution No. 01 -067, Calling the Southlake Crime Control and Prevention District continuation election and establishing procedures for the election. Resolution No. 01 -067 "officially" calls the Crime Control District continuation election and establishes procedures for the election. The Special Election will be held on February 2, 2002. The resolution establishes the polling places, names the Judge and Alternate Judge for the election, determines the dates for publication of notices and the hours of early voting as well as other procedures for the election. 5 -D. Award of bid to Green Scaping for trail construction at Bicentennial Park and at Royal and Annie Smith Park. Bicentennial Park offers the most in athletic facilities with the completion of phased construction. The proposed trail would circle predominantly around the easterly perimeter of the park connecting existing trails and sidewalks to the planned Traffic Management Bond (TMB) trail along North White Chapel. Trail width will vary in selected areas as indicated. Construction of the trail will replace the old asphalt trail that has deteriorated over the past years. Royal and Annie Smith Park is a 13 acre undeveloped park adjacent to the eastern boundary of Florence Elementary School. The proposed eight -foot trail would provide a northern loop within the park as well as connect the planned off -road sidewalk along Johnson Road to the southern entrance of the school. Green Scaping submitted the low bid for trail installation totals $167,840. Funding in the amount of $100,000 has been allocated in the Fiscal Year 1998 -99 SPDC budget for Regular City Council Meeting Minutes of November 26, 2001 Page 4 of 18 Bicentennial Park trail improvements. Funds remaining equal $99,747.64. Funding in the amount of $50,000 has been allocated in the Fiscal Year 1999- 2000 SPDC budget for Royal and Annie Smith Park. Funds expended for the demolition and removal of existing structures and debris equal $7,360 for a remaining fund balance of $42,640. Total funds available for trail construction amount to $142,387.64. Staff recommends funds of approximately $30,000 is used from the Neighborhood Park improvements line item ($150,000) to make up the difference and to provide a contingency of $5,000. 5 -E. Approval of Interlocal Agreement for Joint Use of CISD Carroll Intermediate School Playing Field The proposed interlocal agreement for Carroll Intermediate School playing field comes directly as a result of the proposed lighting of the field and use by local youth sports associations. The City, through the FY2001 -02 Southlake Parks Development Corporation (SPDC) CIP, allocated $150,000 for the construction of lights at the Carroll Intermediate School playing field. The new lights would replace those that were removed due to their age and poor condition. The City and CISD staff has worked together over the past several months to develop a draft interlocal agreement for use of the proposed lighted field. Key points of the draft interlocal agreement include: o The City shall allocate $150,000 towards the construction of the proposed lights and oversee their construction while coordinating with the CISD. o A field maintenance fee will be established in accordance with the field maintenance fees already in place for youth sports associations. The City and the CISD will split the fees collected with fifty percent going to each entity. o The City shall remain the owner of the lights and associated equipment purchased and installed by the City. The City agrees to maintain the lighting and equipment for as long as it is in place. o The City will install a separate meter for the lights and be responsible for all electrical costs associated with them. o The CISD agrees to establish turf and shall maintain the field through proper mowing, aeration, irrigation and fertilization. The City will be responsible for any marking or lining of the field. o City use shall be from 4:30 p.m. until 10:00 p.m. 011 Monday through Friday, 8:00 a.m. until 10:00 p.m. on Saturdays and 10:00 a.m. to 9:00 p.m. on Sundays. (The City does not currently have any usage scheduled for the months of June, July, and August). o With the exception of pre - scheduled games, the CISD reserves the right to use the field beyond 4:30 p.m. during the week, or anytime on Saturday and Sunday for special school functions. CISD agrees to make every effort to provide appropriate prior notification. Regular City Council Meeting Minutes of November 26, 2001 Page 5 of 18 o Term of the agreement shall be for a period of no less than five years and shall be automatically extended for additional five -year periods, unless either party provides ninety days prior written notice of their intent to terminate. If approved, the lights would be scheduled to begin construction in January and would take approximately six to eight weeks to complete. 5 -F. Approval of Interlocal Agreement for Park, Playground, and other Recreation Facilities as amended. The Interlocal Agreement for Park, Playground and other Recreational Facilities is a tool to guide the implementation of joint use facilities between the City of Southlake and the Carroll Independent School District. This agreement is the joint use "umbrella" agreement that the city has been under for several years. This revision is to add the new CISD facilities to the list of available joint use facilities. The agreement was reviewed and recommended for approval by the Joint Utilization Committee (6 -0 vote) at their November 8, 2001 meeting. 5 -G. Authorize the Mayor to enter into an Interlocal Agreement between the City of Fort Worth and the City of Southlake for participation in Fort Worth's Environmental Collection Center and Household Hazardous Waste Program Providing residents of the City of Southlake a method to properly dispose of household hazardous waste is necessary for the protection of our community and environment. In 1999, an agreement between Safety -Kleen Inc. and the City of Southlake allowed for the City to conduct two household hazardous waste programs. Both programs were extremely successful and the City assisted approximately 160 households with removing waste from their homes. Last year the City entered into an agreement with the City of Fort Worth Environmental Collection Center and was greatly accepted by the residents. There were 141 households that participated in the events and collection center. The proposed Fort Worth agreement extends the DPS program that the citizens have become accustomed to. DPS will continue to host local collection days twice a year, and if residents need to discard approved waste outside of the two scheduled events, they will have the option to travel to the Environmental Collection Center in Fort Worth. Another benefit to the Fort Worth agreement is a reduction in cost. Last year the cost is $62 per household. This year the fee has been reduced to $60 per household. 5 -H. ZA01 -095, Plat Revision of Lot 4, Georgetown Park, being 2.520 acres located at 2615 -2655 Southlake Boulevard (F.M. 1709). Current zoning is "C -2" Local Retail Commercial District. The property is located at 2615 -2655 Southlake Boulevard (F.M. 1709). The property currently exists as one lot with the revision proposed two lots. There is Regular City Council Meeting Minutes of November 26, 2001 Page 6 of 18 one existing building with drives and parking on the proposed north lot (Lot 4R1). There is no building on Lot 4R2. However, an approved site plan for a building is on file with the City. The purpose of this revision is to create a separate lot for each building to allow for individual sale or financing. A variance for the street frontage on the real lot is being requested. The lot fronts on a common access easement rather than a street. The lot could be "panhandled" up to the Southlake Boulevard frontage and be in compliance with the subdivision ordinance. However, there is no practical benefit to this type of configuration. The Planning and Zoning Commission recommended approval (7 -0) on November 8, 2001, granting the requested variance to allow Lot 4R2 to front on a common access easement. 5 -I. ZA01 -096, Plat Revision of Lot 2, Hall Medlin No. 1038 Addition, being 4.855 acres located at the southeast corner of South White Chapel Boulevard and East Continental Boulevard. Current Zoning is "S -P -1" Detailed Site Plan District Regulations with "0-1" Office District uses. This property is located at the southeast corner of South White Chapel Boulevard and East Continental Boulevard. The purpose of this revision is to create a separate lot for each building to allow for individual sale or financing. The Planning and Zoning Commission recommended approval (7 -0) on November 8, 2001, subject to the Plat Review Summary and including they provide a trail as required by the Master Trail Plan. 5 -J. ZA01 -104, Preliminary Plat for Siena, being 28.363 acres located on the northwest corner of Union Church Road and tributary BB -99 of Big Bear Creek (near Davis Boulevard). Current zoning is "SF -20A" Single Family Residential District. This property is located at the north side of Union Church, approximately 600' west of Davis Boulevard. The purpose of this request is to receive preliminary subdivision approval to build 43 residential lots. This plat is in compliance with the approved Concept Plan for the site. The applicant is requesting a building setback reduction along the side street of 10 corner lots: Lots 1 and 5, Block A; Lots 1 and 6, Block B; Lots 1 and 15, Block C; Lots 6 and 7, Block D; Lots 1 and 10, Block E. The Planning and Zoning Commission did not appear to have any issues with the request. No action was specified in their motion to approve. The Planning and Zoning Commission recommended approval (7 -0) on November 8, 2001. 5 -K. Variance to the Subdivision Ordinance No. 483, Section 4.01(1)2 (Plat Expiration), as amended extending the validity of Case No. ZA99 -096, Final Plat for Sabre Group Campus. This plat was approved by the Planning and Zoning Commission on November 18, 1999, and expired on November 18, 2000. The City Council granted an Regular City Council Meeting Minutes of November 26, 2001 Page 7 of 18 extension until September 15, 2001, as requested by the owner. The plat has not yet been filed and has expired again. The owner has now submitted all required material to the City for filing the plat and has requested that the validity of the plat be reinstated and extended until November 30, 2001. Because this plat has expired, a variance to Section 4.01(1)2 of Subdivision Ordinance No. 483 as amended will be required if the extension is to be granted. 5 -L. Request for variance to Sign Ordinance No. 704 -A, for AT &T Wireless located at 2059 West Southlake Boulevard. AT &T Wireless is a retail business located at 2059 West Southlake Boulevard. Eagle Sign, on behalf of AT &T Wireless, is requesting a variance to install a sign as shown on the plans. This would vary the following sections of Sign Ordinance No. 704 -A. Section 16.A Attached Sign. A.2 Minimum/Maximum Letter /Logo Height: The proposed sign has legally sized 12 -inch letters, which have been separately permitted. The variance request is for an oversized logo symbol. The allowable height for letters or logo is 12- inches because the storefront is less than 100 -feet from the right -of -way. The proposed logo symbol is a circle 24- inches in diameter. The logo symbol is designed to be twice the height in proportion to the lettering. To maintain the logo to letter proportions a smaller logo would cause the lettering to be smaller as well and would render the lettering unreadable. Staff commented that the proposed sign would be located between the recently approved signs for Bice's Florist and GamesStop. These signs were approved for 22 -inch and 21 -inch letters respectively. Staff feels the proposed 24 -inch log symbol and 12 -inch letters will balance aesthetically with these signs. 5 -M. Request for a variance to Sign Ordinance No. 704 -A, for BEDZzz, Inc., located at 2301 West Southlake Boulevard, Suite 300. BEDZzz Inc., is a retail business located at 2301 West Southlake Boulevard, Suite 200. Speedy Signs, on behalf of BEDZzz, Inc. is requesting a variance to install a sign as shown on the plans. Section 16.A Attached Sign. A.2. Minimum/Maximum Letter /Logo Height: Storefront is less than 100 -feet from the right -of -way. Allowable letter height by ordinance for this distance is 12- inches. The letter height for the proposed sign is 36- inches for the letters and 36- inches for the square logo box. A.3 Maximum Area: The sign has a total area of 43- square feet. The maximum allowed area for an attached sign is .75 square feet for every one -foot of width of the building or lease space not to exceed 400 square feet. The storefront at this location 33 -feet, therefore the maximum allowed area would be 24.75 square feet. The proposed sign area is a 63% increase. The tenant is not seeking an area increase per se; it is however a by- product of the increased letter height. A.6. Roof Line Limitations: In no case shall an attached sign project above the roof line of any building, except those attached to parapet walls and the sign may not extend above the parapet wall" Tenant seeks to attach the proposed sign to the face of an articulation feature which extends above the existing roofline. Regular City Council Meeting Minutes of November 26, 2001 Page 8 of 18 5 -N. Resolution No. 01 -070, a resolution supporting a Tarrant Appraisal District Board of Director member. The terms of service for the five (5) Directors of the Tarrant Appraisal District will expire December 31, 2001. Nominations have been received from the voting tax entitles for candidates to fill these positions for a two (2) year term beginning January 1, 2002. Those nominated include: John Clanton; Mike Davis (Grapevine), James R. Dennis, C.F. Kelley, Joe Potthoff, Charles Rogers, Fiona Sigalla and Tommy Vaughn. According to the State Property Tax Code; each voting unit must vote in open meeting by resolution and all votes may be cast for one candidate or they may be distributed among any number of candidates listed on the official ballot. City Council agreed to cast the 35 votes allowed for the City of Southlake on Mike Davis of Grapevine to the Tarrant Appraisal District Board of Directors. 8 -E. ZA01 -033, Preliminary Plat for Aventerra Southlake, Tract II, being 281.41 acres. Located north of State Highway 114 between North White Chapel Boulevard and Carroll Avenue. Current zoning is "C -2" Local Retail Commercial District; `B- 2" Commercial Manufacturing District; "AG" Agricultural District; and "NR- PUD" Non - Residential Planned Unit Development District. ZA01 -033 was tabled at the request of the applicant until the December 18, 2001, City Council meeting. 8 -F. Ordinance No. 480 -385, 1 Reading (ZA01 -105) Rezoning and Concept Plan for Central Park. The applicant withdrew this item on November 13, 2001. 8 -G. Ordinance No. 814, 1 Reading, Adoption of the 1999 National Electrical Code. Second reading set for December 18, 2001, City Council meeting. 8 -H. Ordinance No. 815, 1 Reading, Adopting of the 2000 International Building Code. Second reading set for December 18, 2001, City Council meeting. 8 -I. Ordinance No. 816, 1 Reading, Adoption of the 2000 International Energy Conservation Code. Second reading set for December 18, 2001, City Council meeting. 8 -J. Ordinance No. 817, 1 Reading, Adoption of the 2000 International Fire Code. Regular City Council Meeting Minutes of November 26, 2001 Page 9 of 18 Second reading set for December 18, 2001, City Council meeting. 8 -K. Ordinance No. 818, 1 Reading, Adoption of the 2000 International Fuel Gas Code. Second reading set for December 18, 2001, City Council meeting. 8 -L. Ordinance No. 819, 1 Reading, Adoption of the 2000 International Mechanical Code. Second reading set for December 18, 2001, City Council meeting. 8 -M. Ordinance No. 820, 1 Reading, Adoption of the 2000 International Plumbing Code. Second reading set for December 18, 2001, City Council meeting. 8 -N. Ordinance No. 821, l Reading, Adoption of the 2000 International Residential Code. Second reading set for December 18, 2001, City Council meeting. 8 -0. Ordinance No. 808, l Reading, Abandoning a portion of the public right -of -way for Crooked Lane within the Cornerstone Plaza Addition from F.M. 1709 to approximately 466 feet south and authorizing the Mayor to execute a quit claim deed. The final plat of South Nolen Drive from F.M. 1709 to Crooked Lane was approved on December 7, 2000. The preliminary plat for Cornerstone Plaza Addition, a 9.5543 -acre tract, located at the southwest corner of F.M. 1709 and Nolen Drive was approved on February 20, 2001. The preliminary plat includes a portion of Crooked Lane from F.M. 1709 to 466 feet south to be abandoned. The developer has completed the construction of South Nolen drive between F.M. 1709 and Crooked Lane. The contractor is completing work 011 the punch list and the 2 °a reading will be delayed if the street is not 100% complete and open to traffic. All existing utilities located within the right -of -way of this section of Crooked Lane have been relocated to the new South Nolen Drive right -of -way. It is understood at the time the preliminary plat was approved that the old Crooked Lane right -of -way within the Cornerstone Plaza Addition would be abandoned when the new section of South Nolen Drive was completed. The developer is now requesting that the City abandon the old right -of -way of Crooked Lane from F.M. 1709 to approximately 466 feet south in the proposed Cornerstone Plaza. The area of right -of -way to be abandoned contains 29,177 square feet. Regular City Council Meeting Minutes of November 26, 2001 Page 10 of 18 9 -A. Resolution No. 01 -069, Appointments to the Public Art Advisory Committee. With the adoption of Ordinance No. 803, the Public Art Policy, the necessity arises to appoint the seven - member committee that will make all formal recommendations to the City Council regarding issues related to public art in Southlake. The ordinance requires alternating two -year terms, based on odd -and even- numbered years. Therefore, three members will be up for reappointment in November of next year and four in 2003. The particular persons and their specified terms noted on in the resolution area suggestions by staff for continuity purposes. There were nine (9) applications submitted. Motion was made with the following appointed to the committee: Rick Stacy City Council member (to expire November 2002) Tom Stephen City Council member (to expire November 2003) Terri Messing Member of community (to expire November 2002) Brian Stebbins Member of community (to expire November 2003) Leslie Carpenter Citizen -at -large (to expire November 2002) Susan Bruning Citizen -at -large (to expire November 2003) Phillip Kravetz Member (to expire November 2003) Staff envisions the first order of business is to develop a public art "master plan," identify fund raising opportunities, and seek partnership /donation opportunities. Senior Park Planner Chris Carpenter will be staff liaison to this committee. Motion was made to approve the consent agenda as noted above, and naming the members to the Public Art Advisory Committee listed above. Motion: Standerfer Second: Evans Ayes: Standerfer, Evans, DuPre, Stephen, Shankland, Potter, Stacy (Councilmember Potter "abstained" from item #5 -A, and voted "no" on item #5 -M) Nays: None Approved: 7 -0 vote Agenda Item #6, Public Forum John Klaiber, Waste Management, 1601 South Railroad Street, Lewisville. Mr. Klaiber stated Waste Management is interested in submitting a bid to the City of Southlake and stated the clock is ticking on the current contract with Laidlaw. He stated tonight he wanted to meet the City Councilmembers and to be sure they understand that there are other companies out there who are interested in working with the City of Southlake. Jimmy Archie, 111 South Main Street, Suite 200, Grapevine. Mr. Archie stated he is with Realty Capitol in Grapevine and they developed the Georgetown Square in Southlake. He presented a rendering of Georgetown Square to the City. Regular City Council Meeting Minutes of November 26, 2001 Page 11 of 18 Agenda Item #7 -A, Ordinance No. 480 -383, 2 " Reading (ZA01 -108) Ordinance No. 480 -383, 2 "d Reading (ZA01 -108), Rezoning at 2411 Florence Road, being 3.26 acres located on the south side of Florence Road approximately 1,000' west of Randol Mill Avenue. Legally described as Tracts 9D1 and 9D8, J.J. Freshour Survey, Abstract No. 521. Current zoning is "AG" Agricultural District, with a requested zoning of "SF -1A" Single Family Residential District. Senior Planner Dennis Killough presented ZA01 -108, noting the purpose of this request is to obtain property zoning to build one single - family residence. The change of zoning to the "SF -1A" Single Family Residential District does not require a Concept Plan. PUBLIC HEARING: No comments were made during the public hearing. Motion was made to approve Ordinance No. 480 -383, 2 "d Reading (ZA01 -108) as presented. Motion: Standerfer Second: Potter Ayes: Standerfer, Potter, Stephen, Evans, Shankland, DuPre, Stacy Nays: None Approved: 7 -0 vote Agenda Item # 7 -B, Ordinance No. 480 -384, 2' Reading (ZA01 -112) Ordinance No. 480 -384, 2 "d Reading (ZA01 -112), Rezoning at 1207 and 1209 Timber Court in Continental Park Estates, being approximately 5.5 acres. Legal description is Lots 3 & 4, Block 2, Continental Park Estates. Current zoning is "SF -20B" Single Family Residential District with a requested zoning of "SF -1A" Single Family Residential District. Senior Planner Dennis Killough presented ZA 01 -112, noting the purpose of this request is to change the zoning to allow the keeping of horses on this property. A change of zoning to the "SF -1A" Single Family District does not require a concept plan. PUBLIC HEARING: Pat Nowland, owner, 1207 and 1209 Timber Court, Southlake. Ms. Nowland asked the City Council to please pass this request. Motion was made to approve ZA01 -112, Ordinance No. 480 -384, 2 " reading, as presented. Motion: DuPre Second: Potter Ayes: DuPre, Potter, Stephen, Evans, Shankland, Standerfer, Stacy Nays: None Approved: 7 -0 vote Regular City Council Meeting Minutes of November 26, 2001 Page 12 of 18 Director of Planning Bruce Payne stated staff wants to work with the other property owners that own the remainder of the lots in the rear of Continental Park Estates for a City initiated rezoning. Agenda Item #7 -C, Resolution No. 01 -068 (ZA01 -110), Specific Use Permit for Nextel Antenna Resolution No. 01 -068, (ZA01 -110) Specific Use Permit for Nextel Antenna, located at 1947 East Continental Boulevard. Legal Description is Tract 1B10D, Harrison Decker Survey, Abstract No. 438, being approximately 0.7755 acres. Current Zoning is "I -1" Light Industrial District. Senior Planner Dennis Killough presented ZA01 -110, SUP for Nextel Antenna, noting the purpose of this request is to co- locate a second antenna on an existing telecommunications tower and construct an equipment building. Mr. Killough noted the applicant is requesting variances to the following requirements: • The equipment building shall not exceed 10' in height nor 180 square feet in total area (per Section 45.8.5.9.d.) • The equipment building must be constructed of masonry materials meeting the requirements of "Residential Adjacency" standards (per Section 43.13.a). PUBLIC HEARING: Mike Cunningham, Nextel Antenna. Mr. Cunningham stated they wish to build a pre- fabrication shelter designed for OSHA and approved for safety. He stated they need this size because the business is continuing to grow. Motion was made to approve Resolution No. 01 -068, SUP for Nextel, subject to the Revised Site Plan Review Summary No. 3, dated October 16, 2001, granting the two variances. Motion: Standerfer Second: Evans Ayes: Standerfer, Evans, Stephen, Shankland, DuPre, Potter, Stacy Nays: None Approved: 7 -0 vote Agenda Item #8 -A, Ordinance No. 480 -381, 1 Reading (ZA01 -092), Rezoning and Concept Plan for Kimball Park Addition Ordinance No. 480 -381, 1 Reading (ZA01 -092), Rezoning and Concept Plan for Kimball Park Addition, being 3.267 acres located as a portion of Tract 2C, Thomas Mahan Survey, Abstract No. 1049. Current zoning is "AG" Agricultural District with a requested zoning of "MF -1" Two - Family Residential District. Regular City Council Meeting Minutes of November 26, 2001 Page 13 of 18 Senior Planner Dennis Killough presented Ordinance No. 480 -381, 1 Reading, noting the purpose of this plan is to obtain zoning and concept plan for 5 duplex buildings, for a total of 10 living unites. A Site Plan will have to be approved before any of the units are constructed. He stated no variances have been requested. David McMahan, Four Peaks Development, 726 Commerce Street, Suite 109, Southlake. Mr. McMahan stated due to the fact that the proposed Ordinance No. 480 -MM is still not in place by the City, therefore they are going to go with their original request. He stated they feel it is a type zoning that will provide more affordable housing for city staff, teachers, etc. They believe that is a good product for the location, adding, that all notices within the 200' notification requirement are in favor of this use and that should carry some weight. Mayor Stacy confirmed that the plan has not changed since the last City Council meeting. PUBLIC COMMENTS: Mayor Stacy read into the record that the following persons oppose this zoning request but do not wish to speak during the meeting. Carolyn Morris403 St. Charles Street, Southlake Kenneth Horne, 1215 Ashmoore Court, Southlake Jamie Cadiz, 707 Chaucer Court, Southlake Chris and Elaine Ensenberger, 1505 North Carroll Avenue, Southlake. Bob Bonchak, 1820 Hunters Creek Drive, Southlake. Kenneth Horne, 1215 Ashmoore Court, Southlake. Mr. Horne stated he is opposed to this project and offended by the comments made that this property would be used by city staff, teachers, and etc. Also because of the power lines that run over the property. If these people are do deserving of homes, they need to be single - family dwellings. Mayor Stacy reminded Council and the audience that this action will require a super- majority vote of the council in order to be approved. Motion was made to deny this request as presented. Motion: Standerfer Second: Potter Ayes: Standerfer, Potter, Stephen, Evans, Shankland, DuPre, Stacy Nays: None Denied: 7 -0 vote Agenda Item 8 -B, Ordinance No. 480 -382, 1 Reading (ZA01 -093) Rezoning for Kimball Park Addition. Regular City Council Meeting Minutes of November 26, 2001 Page 14 of 18 This item was withdrawn by the applicant, David McMahan, Four Peaks Development. Agenda Item #8 -C, ZA01 -094, Preliminary Plat for Kimball Park Addition The applicant, David McMahan, Four Peaks Development, withdrew this item. Motion was made to accept the withdrawal of Agenda Items #8 -B and #8 -C, at the request of the applicant. Motion: Potter Second: DuPre Ayes: Potter, DuPre, Standerfer, Stephen, Evans, Shankland, Stacy Nays: None Approved: 7 -0 vote (to accept the withdrawal of items #8 -B, and #8 -C) Agenda Item #8 -D, Ordinance No. 480 -221A, 1 Reading (ZA01 -032) Ordinance No. 480 -221A, 1 Reading (ZA01 -032), Rezoning and Revised Concept Plan for Aventerra Southlake, Tract II, being 281.41 acres legally described as being Tracts 3 and 4A1 situated in the A. Chives Survey, Abstract No. 299, and Tracts 1, 2, 3A, 3A1, 3A3, 3A4, 3A4A, 3A5, 3B, and 3B2, situated in the L. Chives Survey, Abstract No. 300 the total area being approximately 281.26 acres. The property is located north of State Highway 114 between North White Chapel Boulevard and Carroll Avenue. Current zoning is "C -2" Agricultural District and "NR -PUD" Non - Residential Planned Unit Development District with a requested zoning of "NR -PUD" Non - Residential Planned Unit Development District. Senior Planner Dennis Killough presented Ordinance No. 221A, noting the City Council approved a zoning change request and concept plan to "NR -PUD" on May 20, 1997. He stated that Tract II is made up of Parcel A, B, C, and D. Jim Baker, VP and General Manager of Aventerra, addressed Council. Councilmember Tom Stephen asked Mr. Baker of his opinion of the 300' setback. Mr. Baker stated they want to use the City Council description. It was noted that the City Council wants the flexibility. Motion was made to approve Ordinance No. 480-221A, 1 Reading (ZA01 -032), as approved by the Planning and Zoning Commission during their November 8, 2001, meeting [subject to the Concept Plan Review Summary No. 4 dated November 2, 2001, and requiring a 300' setback along Carroll Avenue]. Subject to the deletion of the 300' setback and subject to the disgression of the City Council. Motion: Stephen Second: Standerfer Ayes: Stephen, Standerfer, Potter, Evans, Shankland, DuPre, Stacy Nays: None Approved: 7 -0 vote Regular City Council Meeting Minutes of November 26, 2001 Page 15 of 18 Agenda Item #7 -D, Resolution No. 01 -060, Amendment to the Master Thoroughfare Plan- General alignment of the Kirkwood Boulevard extension. Senior Planner Ken Baker addressed Resolution No. 01 -060, amendment to the Master Thoroughfare Plan - General Alignment of the Kirkwood Boulevard extension, noting this change will amend the currently adopted Master Thoroughfare Plan (MTP) to indicate the general alignment of an arterial street (Kirkwood Boulevard Extension) from West Dove Street to North Kimball Avenue, north of State Highway 114. The portion of the roadway north of Highland Street shall be designated as a divided four (4) lane arterial (A4D- 100 ") with 100' of right -of -way. The portion of the Kirkwood Boulevard Extension roadway along Highland Street east of Carroll Avenue and south of Highland street shall be designated as an undivided three (3) lane arterial (A3U -74') with 74" of right -of -way. This action will amend the MTP text to include the following: o Speed Limit not to exceed 35 miles per hour o The roadway north of Highland Avenue shall include a large planted median ( <25 feet), street trees, bike lanes, and a pedestrian path or sidewalk that parallels the roadway. o The roadway south of Highland Avenue shall include street trees, bike lanes, and a pedestrian path or sidewalk that parallels the roadway. o The intersection of Kimball Avenue and the Kirkwood Road extension should be signalized. o Further study the Carroll Avenue /Highland Avenue intersection area as part of the overall mobility study. o The portion of Kirkwood Boulevard Extension that is located on the Jerroll Shivers tract shall not be constructed until such time as the property us sold and developed. The planning staff attended a citywide SPIN meeting on September 27, 2001, to present the Kirkwood Boulevard Extension thoroughfare plan map amendment. Approximately 80 people were in attendance at the meeting. The Planning and Zoning Commission held a public hearing on this item at its October 4, 2001, meeting. The Planning and Zoning Commission recommended approval of the alignment indicated in attachment G of the staff memo. On October 16, 2001, the City Council conducted a public hearing to consider the amendment of the Master Thoroughfare Plan to indicate the general alignment of an arterial street (Kirkwood Boulevard Extension) from West Dove Street to North Kimball Avenue, north of State Highway 114 (Resolution 01 -060). The City Council voted (7 -0) to table this item and to continue the public hearing, with the following meeting not being less than one (1) month away. The following issues were raised at the October 16, 2001, City Council public hearing: 1. Shiver's Property- Crossing of the roadway across the Shiver's property located south of Dove Street and west of White Chapel Boulevard. Regular City Council Meeting Minutes of November 26, 2001 Page 16 of 18 2. Crossing of the roadway at the Highland Street /Carroll Avenue intersection. 3. The Timarron Commercial Tract III zoning limits access to east Highland Street to one (1) full access location for residential uses or one (1) emergency crash gate for CS, 01 and B1 uses. Staff has addressed the issues raised at the City Council meeting in the staff report dated November 16, 2001. Also, staff has prepared four (4) alignment options for City Council consideration. Councilmember Patsy DuPre commented about the impact fee and the need to have a plan on a map. PUBLIC COMMENTS: Bob Bonchak, 1820 Hunters Creek Drive, Southlake. Mr. Bonchak stated he is in support of Option #4 and opposed to Options #1, #2, and #3. Kenneth Horne, 1215 Ashmoore, Southlake. Mr. Horne stated he could live with Option #4, and is also opposed to Options #1, #2, and #3. Jamie Cadiz 707 Chaucer Court, Southlake. Did not speak but indicated she is also opposed to the plan with the Aventerra Street that runs and crosses Carroll and Highland. Jerroll Shivers, North White Chapel Boulevard, Southlake. Mr. Shivers stated the reason he is opposed to the plan is that no one of the City Council will be here in the future and he is concerned with that. Motion was made to approve Resolution No. 01 -060, with Option #4, extending the road to the greenbelt north of Highland, and with the condition that a road will not be constructed until Mr. Shivers sells or develops the property. Motion: Potter Second: Stephen Ayes: Potter, Stephen, Evans, Shankland, DuPre, Stacy Nays: Standerfer Approved: 6 -1 vote Agenda Item #12, Adjournment Mayor Rick Stacy adjourned the Regular City Council meeting of November 26, 2001, at 8:55 p.m. A 4 _d ay .r Rick Stac Regular City Council Meeting Minutes of November 26, 2001 Page 17 of 18 ATTEST: CITY TI Li/. 4 1.4. 11,J/A VP Sandra L. LeGrand ? * ' ' C z. City Secretary Regular City Council Meeting Minutes of November 26, 2001 Page 18 of 18 11/13 /2001 14:12 FAX j02 TERRA LAND & CATTLE, LTD. November 13, 2001 Bruce Payne City of Southlake 1400 Main Street Suite 310 Southlake, Texas 76092 Re: Central Park Dear Bruce: Please withdraw our zoning case on the above - referenced property. We are terminating our contract with the owner. We have enjoyed working with you and the City of Southlake on this development. We look forward to future opportunities in which we can work together_ Thank you for your assistance and all of your hard work. Sincerely, tq a:14/ M. Paul Spain MPS /ss RECD NOV 13 2001 Terra Land & Cattle 1.td. ** 2740 Fuller Wiser Rd. * Euless, Texas * 76039 * 817 -540 -3993 * Fax 817 - 540-5422 ** Kimball Park Page 1 of 1 Sandra LeGrand -, t ��l From: Christopher Smith [ , Sent: Monday, November 26, 2001 9:58 AM ! i To: slegrand NOV 2 6 �E Subject: Kimball Park November 26, 2001 ^~ Dear Mayor Stacy, I would like to express my appreciation for your service to our fine city. The reason I'm writing you is because I'm very concerned about the Kimball Park Duplex proposal on the southwest corner of E. Highland and N. Kimball. I feel it is not in the best interests of Southlake for the following reasons: KIMBALL PARK DOES NOT CONFORM TO SOUTHLAKE LAND USE PLAN (The land is currently designated medium - density residential, not high- density MF -1.) HIGH - DENSITY HOUSING HAS A NET NEGATIVE FISCAL IMPACT (According to the Residential Fiscal Impact Studies done by the Center for Urban Policy and Purdue University, the net negative impact is caused by a higher and disproportionate tax burden on lower density homeowners, higher school enrollment, more traffic congestion, greater need for police and fire protection and the devaluation of surrounding properties.) KIMBALL PARK WILL PUT A GREATER BURDEN ON OUR ALREADY OVERCROWDED SCHOOL POPULATION AND HIGHER TAXES. (According to the Southlake Projected Population Report, dated January 1, 2000, the Effective Build -Out upper limit of 35,580 residents is based upon the current Land Use Plan, not on the higher density proposed by this project.) THE LAND USE PLAN IS A WELL THOUGHT -OUT GUIDE FOR DEVELOPMENT PLACEMENT AND POPULATION PROJECTION. It is used to determine future infrastructure needs and ultimately the property taxes we pay. The reason this proposal is before our council is to get a waiver to increase the population density and eventually our taxes. This incremental dismantling of our Land Use Plan will skew the development and population projections and create future capacity problems for our schools, streets, water, sewer, police and fire protection and eventually increase our taxes. This is an excellent opportunity for you to make the right decision for all of Southlake. Thank you for your consideration. Sincerely, Christopher D. Smith 1500 Oak Lane Southlake, TX 76092 11/26/2001 Page 1 of 1 _ n j Sandra LeGrand r NOV 2 6 ' t From Georgia638 Sent: Friday, November 23, 2001 1:04 PM To: 1 Cc: place2 place5 placel Subject: High Density Housing Mayor Stacy, I most respectfully disagree vehemently with any plans to introduce high density housing in Southlake. I chose Southlake as my home because Southlake has very strict rules regarding no multi - family housing. To introduce high density (duplexes, zero lot lines, apartment homes) into Southlake is the last thing we need. We already have crowded schools and are building schools as fast as we can. We already endure frustrating traffic getting anywhere - any time of day - except maybe Sunday morning. The nature of this city has changed dramatically in the seven years we have been here. I objected to the home depot, the costco, the endless stream of dentist offices, fast food joints, and title companies going up in strip shopping centers. But at least these businesses generate taxes for Southlake. Not so the duplex dwellers. Mayor Stacy, please listen to your citizens. Do not allow multi family dwelling in Southlake. Most Sincerely, Georgia Eddleman 11/25/2001 Sandra LeGrand NOV L 6 From peipert QF Stant: Monday, November 26, 2001 8:20 AM place2 Cc: gstanderfer place4 keithshankland place2 rex.m.potter place3 psdtx place6 Council Members I am opposed to the changes purposed to the land use plan for the development of Kimball Park. High density housing is not what we need in Southlake. This development is contrary to the land use plan and has been rejected By the P &Z. Developments of this type will not enhance our city and will create school overcrowding. I request that you vote to reject this development. Robert Peipert 1340 woodbrook Ct. Southlake,Tx 76092 817 488 7479 1 Message Page 1 of 1 Sandra LeGrand From: Lorrie Herrick Sent: Monday, November 26, 2001 8:37 AM To: Sandra LeGrand; Lori Farwell Subject: FW: Kimball Park MF Original Message r, NOV 2 6 200 :_ !, From: Parker Pennings [ - --7 Sent: Monday, November 26, 2001 7:37 AMY To: Iherrick Subject: Kimball Park MF Ms. Muller, Please note that I am opposed to the increase in density for the MF proposed in Kimball Park. It is against the land use plan and another step in increasing our school costs as well as overcrowding what we currently have. Thank you. Regards, Parker Pennings 608 Potomac PI Southlake, TX 11/26/2001 Page 1 of 1 Sandra LeGrand From: Eric Milhizer [ • Sent: Monday, November 26, 2001 10:57 AM To: slegrand Subject: Stacy: Vote 'NO' on High- density housing (Kimball Park multi - family) Mayor Stacy, . - 1� The P &Z board heard the collective voices of Southlake residents and voted 6 -1 against multi- family development in Southlake. I hope that you, too, will hear the voices of the Southlake residents, follow the recommendation of your P &Z board and vote "no" to multi - family housing. When I moved to Southlake a number of years ago, I did so thinking that Southlake was becoming "Highland Park West ". Southlake has a reputation that is known and envied throughout the metroplex. This is due to our small community atmosphere and our stellar school district. In short, we have grown to be less like Plano, Richardson, Keller or Grapevine, and become more like Highland Park. So what does this have to do with tonight's vote on High- density housing? I was shocked to learn that something like high- density housing would even be considered by our P &Z. I was subsequently relieved when the P &Z listened to our concerns and voted overwhelmingly against this proposal. I'm hoping you will listen to us, and do the same. Furthermore, this proposal is especially confusing considering the recent debates raging about our high - school becoming overcrowded, and the continual debates about traffic problems that are plaguing nearly every major street in Southlake. I would ask that you consider the long -term vision of Southlake as becoming similar (if not better) than Highland park in Dallas. However, if you vote "yes" to high- density housing, you are dooming us to become just another town in the Metroplex. Housing prices will likely drop to reflect our being ordinary, and we will not attract the high income, high profile residents or businesses as there will be no prestige associated with locating here instead of Plano, Westlake or Grapevine. Please keep Southlake the envy of our neighbors and reject the high- density housing proposal. Eric Milhizer 452 Marshall Rd. Southlake, TX 76092 11/26/2001 Sandra LeGrand tr From: Paula Clark [ \�, `\ ' t: Monday, November 26, 2001 10:54 AM \\A' Z i slegrand Subject: Vote NO If urge you to vote NO on the Kimball Park proposal. If t is is allowed to happen you are opening the door to high density housing in Southlake. We lived in north Arlington before moving here and have first hand knowledge of what high density housing can do to the city, schools, property values, and daily life. Please support the Land Use Plan and vote NO to this proposal. Thank you, Paula Clark 1222 Powder River Trl 1 Sandra LeGrand ?_6?001 From: J Craney [ Sent: Monday, November 26, 2001 12:24 PM - - To: place6 place4 © place2 placel © Subject: Kimball Park Duplexes Mayor and Council Members: We are writing to express our extreme opposition to the proposed Kimball Park Duplexes, scheduled to be reviewed at tonight's City Council meeting(11 /26/01). This proposed development does not belong in Southlake. Our community has been one of space and openness; both in history and execution. The Master Land Use Plan, developed by city staff, elected officials and residents of Southlake, does not include this type of development ANYWHERE. As a city, Southlake is playing catch up in building total infrastructure. New roads, more sewers and water lines, new schools, etc. are all needed to serve our current and growing population. We do not need to increase our burden with multi - family housing at this time. There is constant press from our city officials about our "dire" tax situation. That alone should be enough reason to turn down this type of development at this time. We do believe that in 7 -10 years when the city approaches build -out, Hwy. 114 is a divided freeway with service roads all the way to Westlake, and there are only small pockets left for residential development; that there will then be a place for these type of small multi - family developments. Currently, the price is too great!! Sincerely, Susan Craney & Steve Hastings 1020 Alamo Drive Southlake, TX. Sincerely 1 Sandra LeGrand =rom: NIMERGOOD,RALPH ral `.: Monday, November 26, 2001 10:43 AM i .. slegrand Subject: Kimbal Park Rick: /1� J n ' we need high density housing like we need another belly button. I've in Southlake since 1993 and while we've in general enjoyed the pace and quality of the development it is beginning to get out of hand. Our taxes are much higher then any surrounding communities. I am pleased to pay those higher taxes based on the schools and amenities. Multi- family duplexes do not fit in with the zoning, the build out plan or the needs of Southlake. Do us a favor and don't devalue the town and its attractiveness by approving. Best regards, Ralph J. Nimergood 1305 Plantation Drive Southlake, TX 76092 1