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2001-07-17 REGULAR CITY COUNCIL MEETING TOWN HALL, 1400 MAIN STREET SOUTHLAKE, TEXAS MINUTES JULY 17, 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 Community Services Kevin Hugman, Director of Economic Development Greg Last; Director of Public Works Pedram Farahnak; Senior Engineer Charlie Thomas; Interim Director of Planning Ken Baker; Senior Planner Dennis Killough; Director of Public Safety Ricky Black; Chief of Police Marlin Price; City Attorney E. Allen Taylor, Jr.; and, City Secretary Sandra L. LeGrand. WORK SESSION: The Work Session was called to order at 6:20 p.m. by Mayor Rick Stacy. The work session is audio and videotape recorded for future reference. Copies are available from the Office of the City Secretary. ✓ Agenda Item #11 -A, Discussion: Changes to the Joint Drug and Alcohol Awareness Committee by -laws. Councilmember Patsy DuPre stated this item is on the agenda at her request. She stated as a member of the Joint Drug and Alcohol Awareness Committee, they are in the process of making changes to the by -laws. She stated among the changes they are considering are meeting quarterly instead of monthly and possibly having one Councilmember on the committee instead of two Councilmembers. Councilmember Rex Potter stated he is interested in serving on the committee, and Councilmember Keith Shankland stated he is interested in continuing to serve on the committee. The Work Session ended at 6:30 p.m. REGULAR CITY COUNCIL MEETING Agenda Item #1, Call To Order Mayor Rick Stacy called the Regular City Council meeting to order at 6:39 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 July 17, 2001 Page 1 of 14 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 6:40 p.m. Council returned to open session at 7:51 p.m. Agenda Item #2 -B, Action Necessary /Executive Session Motion was made to authorize the purchase of two parcels of property as discussed in executive session: One property including 3.5 acres of land for the purchase price of $307,000; and the second property including 12.6 acres of land for a purchase price of $1,893,000 for a total cost of $2,200,000. Motion: Potter Second: DuPre Ayes: Potter, DuPre, Stephen, Evans, Shankland, Stacy Nays: None Abstention: Standerfer Approved: 6 -0 -1 vote Agenda Item #3, Invocation and Pledge to the Flag Mayor Pro Tem W. Ralph Evans led the invocation in the absence of Pastor Scott Berry of Carroll Road Baptist Church. Mayor Stacy led the Pledge of Allegiance to the Flag. Agenda Item #4 -A, Mayor's Report Mayor Stacy made the following announcements: • The Crime Control and Prevention District meeting will be held on July 18, 7:00 p.m. at the DPS Facility, 667 North Carroll Avenue. A public hearing will be held on the proposed FY 2001 -2002 Budget. • The monthly Metroport Partnership meeting will be held on July 19 at 7:30 a.m. Location of the meeting will be the Sky Creek Ranch Golf Club, Promontory Drive, Keller. During the Mayor's Report, Mayor Pro Tem W. Ralph Evans reported on a Sister City trip he recently took to El Fuerte, Mexico. He stated several Southlake citizens went and had a wonderful time. He stated the purpose in taking the trip at this time was to be Regular City Council Meeting Minutes of July 17, 2001 Page 2 of 14 present for the opening of a highway, which was a milestone for the town. He stated the people of El Fuerte are anxious to make products, which can be sold to the United States as a form of revenue for the town. He expressed that the town is beautiful, and the people were so glad to have them visit. Deputy Mayor Pro Tem Patsy DuPre stated she will be leaving tomorrow for a trip to Toyoma, Japan, and will visit our Sister City there. She stated she will be going with six students and will stay in the homes of Toyoma residents. She is very excited to go on this trip, as it will be her first to visit one of our Sister Cities. She will report on the trip when she returns. Director of Public Safety Ricky Black presented an award to a very brave young lady, Miss Madison Manning, who was credited for saving her mother's life on May 14, when her mother became ill and she called 911 for help. Director Black played a tape of the 911 call that was received by the 911 dispatcher. Mr. and Mrs. Jeff Manning and the rest of the family were present when their daughter received the award. Mayor Rick Stacy presented a proclamation proclaiming July 17 as Madison Manning Day in Southlake. Agenda Item #4 -B, City Manager's Report City Manager Billy Campbell expressed that to date the City of Southlake has received $216,639 in grants from the Texas Department of Parks and Wildlife. He stated, as the result of these grants the City is able to get so many more projects completed without costs taxpayers. Agenda Item #4 -C, SPIN Report There was not a SPIN report during this meeting. Agenda Item #4 -D, Park Board Report The Park and Recreation Board Report were made by Mary Georgia, 2404 Taylor Street, Southlake. Ms. Georgia reported that where was a fire at the new restroom facility at Bob Jones Park. She noted that the loss would be covered by insurance; however, the opening of the facility will be delayed. She reported there was a Special Park Board meeting held to approve a grant application. Agenda Item #5, Consent Agenda Mayor Stacy informed the audience that the consent agenda items are considered by one vote. He stated if anyone had a request for an item not to be considered during the consent agenda segment, the item would be deleted from the consent agenda and considered separately with the regular agenda. The consent agenda items for this meeting include: Regular City Council Meeting Minutes of July 17, 2001 Page 3 of 14 5 -A. Approval of the Minutes of the Joint City Council /Planning and Zoning Commission meeting of June 14, 2001, and the Regular City Council meeting held June 19, 2001. The minutes of both meetings were approved as presented. 5 -B. Ordinance No. 789 -A, 1 Reading, Amending Ordinance No. 789, amending Fiscal Year 2000 -2001 Annual Budget. The ordinance provides for amendment of the FY 2000 -01 Budget. The requests include $112,209 for additional personnel, $68,676 in operation, and $227,195 for additional capital items. With these changes the fund balance stands at 25.2 %, exceeding the requirements of our fund balance policy. 5 -C. Ordinance No. 804, 1 Reading, Amending Chapter 18, Article III, Section 18 -80, of the Southlake City Code, to include a portion of South Carroll Avenue, East Continental Boulevard, and Breeze Way adjacent to Old Union Elementary School as a designated school zone and a portion of South Kimball Avenue adjacent to George Dawson Middle School and Cleburne Eubanks Intermediate School, as a designated school zone. Carroll Independent School District will open the new Old Union Elementary School on August 15, 2001. As the access to the school is off South Carroll Avenue, East Continental Boulevard and Breeze Way, a school zone has been requested. On August 15, the Cleburne Eubanks Intermediate School will open with access off South Kimball Avenue; the George Dawson Middle School will open in August 2002 on the same site. A school zone has been requested for these two schools as well. Southlake City Code, Chapter 18, Article 18 -81, Revisions of limits; procedure status: "The speed limits, as established in the article, may be revised from time to time by ordinance adopted by the City Council." Therefore, the ordinance provides for a school zone and changes the speed limit to 20 MPH between 30 minutes before and after the opening of school and between 30 minutes before and after the closing of school at the above locations. The purchase of the school flashers was included in the 00 -01 CIP and the purchase of the flashers was approved by City Council of June 5, 2001. The Public Works crews will install the flashers and necessary signs using City funds. Crosswalks will be added on the streets at the appropriate locations. 5 -D. Resolution No. 01 -052, Extending the moratorium on outside storage for an additional 60 days. At the February 20, 2001, City Council meeting, planning staff raised a number of questions and concerns regarding the application and enforcement of the outside storage regulations. Staff believed that the literal application of the regulations exceeded the City Council's original intent and could result in potential litigation. Based on the concerns brought forward by staff, the City Council declared a 180 - Regular City Council Meeting Minutes of July 17, 2001 Page 4 of 14 day extension (through August 19, 2001) on the amortization deadline to bring all outside storage, display and screening into compliance with Ordinance No. 480 - HH. Staff made the requested revisions to the regulations and met with the business owners and managers on June 29, to discuss the proposed regulations. The Planning Commission held a public hearing on the proposed outside storage regulations at its July 5 meeting. At that meeting, the Planning and Zoning Commission requested additional time to review the regulations and make some recommendations on possible clarifications regarding seasonal outside storage. Based on events, the Planning Department is requesting that City Council approve Resolution No. 01 -052, and declare an extension on the amortization deadline an additional 60 days beyond the August 19, 2001, deadline. 5 -E. ZA01 -050, Plat Revision for Lots 4R1 -4R7, Green Meadows Subdivision, on property legally described as Lot 4R, Green Meadows Subdivision, being. 12.672 acres. Current zoning is "I -1" Light Industrial District. The property is located at the northeast corner of the intersection of Crooked Lane and East Continental Boulevard. The purpose of the plat revision is to divide one lot into seven lots. On July 5, 2001, the Planning and Zoning Commission approved (6 -0) subject to Plat Review Summary No. 3, dated June 29, 2001. 5 -F. Ordinance No. 480 -371, 1 Reading, (ZA01 -080) Zoning Change for J.J. Freshour, Lot 11, on property legally described as Tracts 3D1, 3D2A and 3D2 of the J.J. Freshour Survey, Abstract No. 521, and being 5.0 acres. Current zoning is "AG" Agricultural District with a request for "SF -1A" Single Family Residential District. The property is located at 2775 Florence Road. The current zoning is "AG" Agricultural District with a requested zoning of "SF -1A" Single Family Residential District. On July 5, 2001, the Planning and Zoning Commission approved (6 -0) vote. 5 -G. Resolution No. 01 -053, A resolution by the City Council of the City of Southlake, Texas, relating to the "Southlake Parks Development Corporation Sales Tax Subordinate Lien Revenue Bonds, Series 2001 ", approving (i) the resolution of the Southlake Parks Development Corporation authorizing the issuance of such Bonds and (ii) the execution, on behalf of the City, of the Financing/Use Agreement relating to such financing by the Corporation; resolving other matters incident and related to the issuance of such Bonds; and providing an effective date. In June 2001, the SPDC Board authorized a public hearing to be set for July 17 for the purpose of issuing SPDC bonds in the amount of $1.5 million to fund capital projects. Regular City Council Meeting Minutes of July 17, 2001 Page 5 of 14 5 -H. Authorize the Mayor to execute a Commercial Developer's Agreement for Cornerstone Business Park, Phase II, Lot 1, Block 1. The final plat for Cornerstone Park, Phase II, Lot 1, Block 1, was approved on May 17, 2001. Lot 1, Block 1, is located on the south side of South Kimball Avenue across the street from the new CISD stadium. South Kimball Avenue is a four -lane divided roadway on the City's Master Thoroughfare Plan. CISD has constructed the full roadway width from Heritage Business Park west through the Silicon Drive intersection, then the north half of the roadway to the west side of the entrance into the bus facility. The City's 2000 -2001 CIP is constructing the north half of the roadway from the point where CISD's project ends west through the Continental Boulevard intersection. Trammell Crow has purchased the 25.19 acres and is planning to construct two office /warehouse buildings on the south side of South Kimball Avenue across from the new stadium. The new buildings will be approximately 253,000 square feet. Trammell Crow desires to construct the south half of the roadway from the point where CISD's project ends at Silicon Drive west through its middle driveway, which is directly across from the entrance to the bus facility. This construction will cost approximately the same amount of money as the anticipated roadway impact fee, which is estimated to be approximately $112,000; therefore, the developer is requesting credit for the roadway impact fee. The other public infrastructure covered by this developer's agreement is an on -site water line and fire hydrants to serve the property. Sanitary sewer lines exist along the south and west sides of the property. The property owner is requesting that the City waive the 2% administrative processing fee and the 3% inspection fee for the street construction only, which will amount to approximately $5,000. The Park Board recommends a park fee of $20,152. 5 -I. Approval of Change Order No. 4 to CMPA Inc., for the Department of Public Safety -West Facility -City of Southlake Project No. 00 -3320. Two gas mains lie adjacent to the DPS West site, one along the north side of FM 1709 and one along the west side of Randol Mill. During the design phase of the project, the architect planned to connect to the gas line along FM 1709 and run service from there to the DPS facility. When TXU Gas was contacted to install the gas service line for the facility, the contractor was told that the facility would be served from the Randol Mill line and that the gas company would only install the service to the Randol Mill right -of -way line and set the gas meter there. Given the security issues of the facility, staff felt that the gas meter should be installed near the building rather than out by Randol Mill. Installation of the meter adjacent to the building rather than near Ranol Mill will make the meter much more secure and much less susceptible to damage by vehicular traffic. Therefore, staff requested that TXU install the service all the way to the building and set the gas meter at the building. TXU proposed to do this for approximately $20,000. Given the amount, staff investigated other alternatives for installing the line. Since Wright Construction, Inc., is a certified installer for TXU Gas, and Regular City Council Meeting Minutes of July 17, 2001 Page 6 of 14 since Wright is the utility subcontractor to CMPA on the project, staff requested a proposal from Wright Construction to install the gas line. Wright, through CMPA, submitted a proposal to install 610 linear feet of 2 -inch gas line for an additional $4,758. These changes can be included under this "Contingency" item, and no change in the contract amount or the contract time will occur as a result of these changes. 5 -J. Approval of the Parks and Recreation Revised Revenue Policy. In an effort to further refine the revenue policy and better manage the program growth within the Recreation Division, staff analyzed the existing policy and developed a set of recommendations intended to improve it. These recommendations address the City's purpose, scope, and statement of philosophy, in addition to better defining the general guidelines, costs, and types of fees associated with the various programs. The Parks and Recreation Board initially reviewed the proposed revisions at its May 14, 2001, meeting and offered additional input. The Board, at its June 11 meeting, unanimously approved recommending the final draft to City Council for approval. 5 -K. Approval of the Southlake Library Collection Development Policy. As part of the ongoing process to initiate and implement policies for the operations of the library, the Library Policy Committee has developed a proposed policy for collection development. The purpose of the policy is to provide consistent guidance for staff in terms of collection development. It states that the selection of materials rests with the Library Administrator and library staff, who will adhere to accepted professional practices when make selection decisions. The recreational, educational, and informational needs of the community will be given the foremost consideration during the development of the library collection. 5 -L. Approval of the Southlake Library Computer Service Policy. The proposed computer service policy sets forth the specific requirements for use of the library computers. Patrons under the age of 12 must have a parent or legal guardian reserve the computer and accompany them during its use. Users must possess a valid Southlake Public Library card and have signed the computer use agreement. The proposed policy also defines the length of the computer sessions (one hour), first - come /first -served usage, and sign in/out requirement, among others. 5 -M. Approval of the Southlake Library Information Services Policy. The proposed information services policy is intended to provide consistent guidance for library staff in providing customer service to the public. The proposed policy states the importance of responding to each question in an equal and confidential manner. It further defines the reference inquiry priorities as: 1) Regular City Council Meeting Minutes of July 17, 2001 Page 7 of 14 patrons currently visiting the library in person; 2) telephone inquires; and 3) inquiries received by mail. 8 -A. Ordinance No. 480 -368, 1st Reading, (ZA01 -039), Rezoning and Site Plan for Secure Source, Inc., on property legally described as Tract 1E1 and 1E2A in the John Childress Survey, Abstract No. 253, and being 2.9571 acres. This item was placed on the consent agenda in order for Council to table action at the request of the applicant until the August 21, 2001 City Council meeting. 9 -D. Resolution No. 01 -051, Authorizing Application for a Texas Recreation and Parks Account Program (TRPA) Indoor Recreation Grant from the Texas Parks and Wildlife Department. As directed by Council at its June 5, 2001, meeting, staff has been working to develop the grant application for the recreation center for submittal to the Texas Parks and Wildlife Department by the July 31, 2001, deadline. A revised agreement was entered into with Brinkley Sargent Architects for development of the recreation center conceptual floor plan with cost estimate. Staff met with the Parks Board on June 11, 2001, to discuss the necessary components of a recreation center and this information was reviewed with the architect. Senior Parks Planner Chris Carpenter is managing the various elements of the grant application and has complied the majority of required documents. 10 -B. Authorize the Mayor to execute a Residential Developer's Agreement for Lakes on Dove. This residential subdivision started out as a 12 -lot residential subdivision with a final plat including only seven lots. The final plat for Lakes on Dove, located at the intersection of Carroll Avenue and Dove Road, was approved on June 19, 2001. This developer's agreement covers construction of the public infrastructure that includes sanitary sewer lines, drainage improvements and trail improvements. The drainage improvements include three retention/detention ponds with aeration fountains to be maintained by the property owners. The developer has agreed to build a 6' trail across the property and down to North Carroll Avenue along Dove Street to satisfy the parkland dedication requirements in lieu of $18,000 park and land fee on Dove Road as recommended by the Parks Board. Motion was made to approve the consent agenda as so noted above. Motion: DuPre Second: Standerfer Ayes: DuPre, Standerfer, Potter, Stephen, Evans, Shankland, Stacy Nays: None Approved: 7 -0 vote Regular City Council Meeting Minutes of July 17, 2001 Page 8 of 14 Agenda Item #6, Public Forum No comments were made during the public forum. Agenda Item #7 -A, Ordinance No. 480 -370, 2 Reading (ZA01 -040) Ordinance No. 480 -370, 2 Reading (ZA01 -040), Rezoning and Concept Plan for Siena, on property legally described as Tracts 6, 6C4, 6E, and 6F1A in the Jesse J. Allen Survey, Abstract No. 18, and being 38.3623 acres. Current zoning is "AG" Agricultural District with a requested zoning of "SF -20A" Single Family Residential District. Senior Planner Dennis Killough led the discussion and noted the purpose of this request is to obtain zoning and concept plan for a 43 lot residential subdivision. The property is located on the north side of Union Church Road, approximately 800' west of Davis Boulevard. Killough noted the owner of the property is Joyce Owens and Richard Reutlinger. The City Council approved the first reading on June 19, 2001, subject to the Concept Plan Review Summary No. 3 dated June 1, 2001; and subject to the recommendation made by the Planning and Zoning Commission; encouraging the developer to go to the adjacent neighbors to work out the issues. Mr. Killough comments that Ordinance No. 483, Section 8.01, requires a minimum lot width of 125 feet at the rear property line for properties adjacent to property that is zoned, platted or land use designated for residential lots that are greater than 125 feet. It further requires lots that are adjacent to property that is platted and zoned "SF -1A" or "RE" must be a minimum 30,000 square feet. The purpose of these lotting requirements is to create buffer areas between residential properties that are at least an acre and lots, which have a greater density. In the proposed Siena Concept Plan, Lots 18, 19, and 20, Block B, would be required to adhere to these requirements due to the "SF -1A" Zoning of the property to the east. However, the applicant has proposed a Common Area between the lots in Siena and the lot to the east. The Planning and Zoning Commission recommended the applicant remove the common area and make these lots at least 30,000 square feet. Ken Mitchell, 13800 Montford Drive, Suite 100, Dallas, Paramont Land Development. Mr. Mitchell asked how would his property relate to other properties to the north and west. He stated south is the City of Keller. He stated the industrial park south of his property would present a lot of challenges. He stated Mr. McClendon would like to tie into sewer, and he agreed they would provide the capability for him to tie onto sewer. They agreed to put in a "living screen" as they want to keep a green belt. Mayor Stacy commended Mr. Mitchell for addressing all the concerns of City Council. It was noted that Mr. Wiesman does not want a stub -out on his property. He does not want development near his property. Regular City Council Meeting Minutes of July 17, 2001 Page 9 of 14 PUBLIC HEARING: Wayne Haney, 400 Brock Drive, Southlake. Mr. Haney stated he owns the seven -acre property that touches the northeast corner of the property in question. He stated he is in favor of anything that will seal off and make Michael Drive unhappy. He stated in talking with Mr. Wiesman, he found that Mr. Wiesman does not want any more trees. He has no objections, and he stated he knows that Mr. Mitchell will do the right thing. Public hearing closed. Motion was made to approve Ordinance No. 480 -370, 2 Reading, as presented tonight; providing a 24 -foot emergency exit on the northeast side of the property; subject to the Concept Plan Review Summary No. 4 dated July 13, 2001; incorporating the comments made by the Planning and Zoning Commission. Motion: Stephen Second: Standerfer Motion was amended to exclude the 24 -foot emergency stub to the northeast side of the property; and include an agreement by the developer to include a stub to the north property to Mr. Wiesman's property as determined by the developer. Motion: Stephen Second: Standerfer Ayes: Stephen, Standerfer, Evans, Shankland, DuPre, Stacy Nays: Potter Approved: 6 -1 vote Agenda Item #7 -B, ZA01 -025, Site Plan for Panda Express ZA01 -025, Site Plan for Panda Express, on property legally described as Lot 2, Block 1, Kimball 1709 Addition, and being 0.6559 acres. Current zoning is "C -3" General Commercial District. Senior Planner Dennis Killough presented ZA01 -025; Site Plan for Panda Express noting the owner of the property is Panda Management, Inc. The applicant is Adams Consulting Engineers. The purpose of this request is to get site plan approval in order to build a 2,268 square foot restaurant. This property is located on the east side of North Kimball Avenue, approximately 400' north of East Southlake Boulevard, and approximately 150' south of State Highway 114. To the north is McDonald's to the east is Lowe's Home Improvement, to the south is Burger King, which is currently under construction, and to the west is Wal -Mart. On July 21, 2001, the Planning and Zoning Commission approved (5 -1) subject to Site Plan Review Summary No. 4, dated June 1, 2001, specifically granting the variances for the pitched roof requirement as well as the masonry requirement. Staff comments include: Regular City Council Meeting Minutes of July 17, 2001 Page 10 of 14 • All buildings fewer than 6,000 square feet must have pitched roofs as defined in Ordinance No. 480, Section 43.12. • All exposed structural support columns shall be constructed of the same masonry material as the principal structure, as defined in Ordinance No. 480, Section 43.9.e. Rob Adams, Consulting Engineers, 2445 East Southlake Boulevard, Suite 100, Southlake, Texas. Mr. Adams responded to questions regarding the masonry. When the owner was present at the Planning and Zoning Commission meeting, they discussed the masonry, according to Adams. PUBLIC HEARING: No comments were received during the public hearing. Motion was made to approve ZA01 -025, Site Plan for Panda Express; subject to the Site Plan Review Summary No. 4, dated June 1, 2001; granting the two requested variances. Motion: Standerfer Second: DuPre Ayes: Standerfer, DuPre, Stephen, Evans, Shankland, Stacy Nays: Potter Approved: 6 -1 vote Agenda Item #7 -C, ZA01 -061, Revised Site Plan for Mirage Car Wash ZA01 -061, Revised Site Plan for Mirage Car Wash, on property legally described as Lot 2, T.J. Thompson No. 1502 Addition. Current zoning is "C -3" General Commercial District. Senior Planner Dennis Killough explained the difference between this request and their previous request. The original site plan and specific use permit for Mirage Car Wash were approved by City Council on June 20, 1995. The approvals preceded the adoption of the Corridor Overlay Regulations. A SUP and revised site plan request for a shade structure was denied on August 15, 2000. The Planning and Zoning Commission approved (6 -0) subject to Site Plan Review Summary No. 2, dated June 29, 2001. The applicant has met the requirements of previous reviews. PUBLIC HEARING: No comments were received during the public hearing. Motion was made to approve ZA01 -061, Revised Site Plan for Mirage Car Wash; subject to Site Plan Review Summary No. 2, dated June 29, 2001. Motion: DuPre Second: Standerfer Ayes: DuPre, Standerfer, Potter, Stephen, Evans, Shankland, Stacy Regular City Council Meeting Minutes of July 17, 2001 Page 11 of 14 Nays: None Approved: 7 -0 vote Agenda Item #8 -B, Ordinance No. 480 -364, 1 Reading (ZA01 -027) Ordinance No. 480 -364, 1 Reading (ZA01 -027), Rezoning and Development Plan for Hidden Creek Estates (f.k.a. Haltom Creek Estates), on property legally described as Tracts 3A1G3, 3A1G, 3A1G5, 3A1G1, 3A1G1, 3A1G4, 3A1F1, 5B3, 5B, 5B2A, 5B2, 4E, and 4, Francis Throop Survey, Abstract No. 1511, and being 95.9 acres. Current zoning is "AG" Agricultural District, and "SF-1A" Single Family Residential District. Requested Zoning: "R -PUD" Residential Planned Unit Development. Amended Requested Zoning is "SF -1A" Single Family Residential District. Senior Planner Dennis Killough presented the amended requested zoning noting that there is no plan required with "SF -1A" and that the applicant will have to come back with a preliminary plat and the other approvals. David McMahan, 726 Commerce Street, Southlake. Mr. McMahan stated they have changed their request from a PUD to straight "SF -1A ". PUBLIC COMMENTS: Nancy Moffat, Whispering Dell Court, Southlake. Mr. Moffat stated she does not oppose the "SF -1A" zoning, She stated David and Tom told her they could not change the zoning to "SF -1A" zoning as they would lose too much money. And they did it. She wants the record to reflect their "intent ". All the neighbors are baffled because they blamed the net vs. gross when the Land Use Plan stated it should be low density. Jan Francis, 1211 Ashmore Court, Southlake. Mrs. Francis stated she feels this should be tabled without a plat. They would like to see a plat before they express that they are in favor of "SF -1A ". She asked for a retention pond to prevent flooding. She stated she is speaking for Donna Wallace, 1789 Sunshine Lane, as well. Motion was made to approve Ordinance No. 480 -364 (ZA 01 -027); accepting "SF -1A" zoning as requested by the developer. Motion: Potter Second: DuPre Ayes: Potter, DuPre, Standerfer, Stephen, Evans, Shankland, Stacy Nays: None Approved: 7 -0 vote Agenda Item #10 -A, Town Hall Use Policy Assistant to the City Manager John Eaglen was present to present the Town Hall Use Policy with City Councilmembers. Regular City Council Meeting Minutes of July 17, 2001 Page 12 of 14 With no questions by the City Council, motion was made to approve the Town Hall Use Policy as presented on July 17, 2001. Motion: DuPre Second: Standerfer Ayes: DuPre, Standerfer, Potter, Stephen, Evans, Shankland, Stacy Nays: None Approved: 7 -0 vote Agenda Item #9 -B, Resolution No. 01 -042, Appointment to the Joint Drug and Alcohol Awareness Committee. Motion was made to approve Resolution No. 01 -042, approving Councilmembers Rex Potter and Keith Shankland the Joint Drug and Alcohol Awareness Committee for terms to expire in May 2003. [The community -at -large appointments were not made tonight]. Motion: Standerfer Second: Evans Ayes: Standerfer, Evans, Shankland, DuPre, Potter, Stephen, Stacy Nays: None Approved: 7 -0 vote Agenda Item #9 -C, Resolution No. 01 -045, Appointments to the Senior Advisory Committee Resolution No. 01 -045 was approved naming the following to the committee: Gerald Montague, Place 6; Margie Kyle, Place 7; Bill Kyle, Alternate No. 1; Cleta Pierce, Alternate No. 2; Thomas J. Furey, Alternate No. 3; and Diana Collins, Alternate No. 4. Motion: Standerfer Second: Stephen Ayes: Standerfer, Stephen, Evans, Shankland, DuPre, Potter, Stacy Nays: None Approved: 7 -0 vote Agenda Item #2 - A, Return to Executive Session Mayor Rick Stacy advised the audience that the City Council would be going back into Executive Session pursuant to the Texas Government Code, section 551.074, to deliberate regarding personnel matters. Council adjourned into executive session at 10:15 p.m. Council returned to open session at 11:20 p.m. Regular City Council Meeting Minutes of July 17, 2001 Page 13 of 14 Agenda Item #9 -A, Resolution No. 01 -035, Appointment of the Municipal Court Judge Motion was made to appoint Carol W. Montgomery as Municipal Court Judge for a two - year term, to expire in 2003. Motion: DuPre Second: Potter Ayes: DuPre, Potter, Stephen, Evans, Shankland, Standerfer, Potter Nays: None Approved: 7 -0 vote Agenda Item #12, Adjournment. Mayor Rick Stacy adjourned the meeting at 11:20 a.m. ttt ttrullu,,, ° , OJT ': u. \i N • Mayor Rick Stacy ATTEST <; J . * °j . Aklok Sandra L. LeGrand City Secretary Regular City Council Meeting Minutes of July 17, 2001 Page 14 of 14 CITY OF SOUTHLAKE, TEXAS OATH OF OFFICE STATE OF TEXAS} COUNTY OF TARRANT/DENTON} CITY OF SOUTHLAKE} "I, CAROL W. MONTGOMERY, solemnly swear (or affirm) that I will faithfully execute the duties of the MUNICIPAL COURT JUDGE of the City of Southlake, Texas, and will to the best of my ability preserve, protect, and defend the Constitution and Laws of the United States of America and of this State and the Charter and Ordinances of the City. I furthermore solemnly swear (or affirm) that I have not contributed nor promised to contribute any money or valuable thing, or promised any public office or employment, as a reward to secure my appointment or the confirmation thereof. So help me GOD." - Carol W. Montgomery ,/ SWORN TO AND SUBSCRIBED BEFORE ME, THIS THE DAY OF JULY, 2001. � ,,,,'` -4 9r4°t�,,, Mayor Rick Stacy e4j • ATTEST: - /` • . /gy m 77 1, ,, ` ,,, ! 42atit- 4 714/0-1-it Sandra L. LeGrand City Secretary CONFLICT OF INTEREST AFFIDAVIT THE STATE OF TEXAS § k_OUNTY OF 1NT § I, 6 'cc. 7aq P. c T 114 OURF`c a member of the 5) C' N 4 t- G 4C4 , make this affidavit and hereby on oath state the following: I have a substantial interest in a business entity or real property as defined in Chapter 171, Texas Local Government Code, and a vote is to be taken or a decision is to be made that will have a special economic effect on this business entity or real property. The agenda item affecting this business entity or real property is: "if KRIS 5.Ci4,groc_ caF G3RSk.g ?vac- y,�g COMPLETE (A) or (B): (A) The business entity is tZ'i /MAC LO- r SQL A� (name); or 11-4•44r— t-1 (B) The real property is located at: Sit m 0OFrti' I have a substantial interest for the following reasons: (check all which are applicable) Ownership of 10% or more of the voting stock or shares of the business entity. Ownership of 10% or more or $15,000 or more of the fair market value of the business entity. Funds received from the business entity exceed 10% of gross income for the previot4s year. Real property is involved and I have an equitable or legal ownership of the property with a fair market value of at least S2,500. A relative of mine has a substantial interest in the business entity or real property that would I./ be r affected b decision f the public ody w ich I a member. Upon filing of this affidavit with the City Secretary, I affirm that I will abstain from voting on any decision involving this business entity or real property and from any further participation on this matter by discussion or debate. Signed this (1 day of d t) f-1 _2 Signed ASP 41 it" r 1 I I I "PI h is P ''' _'re of Of ial W The State of ( 1')'-4-S § County of Th.G l § d , Before me 1 1th'( /U�1. A ��t ( on this day personally appeared t (90 oR � 51 FE 4 known to me (or proved to me on the oath of or through DI,. it04 ?"11 ).. (description of identity card or other document) to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same for the purposes and consideration therein expressed. Given under my hand and seal of office this I 1 day of 1-ti , A.D. 2€ c? ( (SEAL) / ,ok SANDRA L LEGRAND : ,� Notary Public ' / it �� �'� 4 / t 4 Uil-� ' `^T State of Texa; TF c �� P MyAppt. Exp.02-04-2005 ∎ Notary Public in and for the State of Texas H:\LIBRARY\MunicipaNvIERGE\ConflictofInterestAffidavitwpd