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2001-05-15 REGULAR CITY COUNCIL MEETING TOWN HALL, 1400 MAIN STREET SOUTHLAKE, TEXAS MINUTES MAY 15, 2001 COUNCILMEMBERS PRESENT: Mayor Rick Stacy; Councilmembers: Patsy DuPre, Greg Standerfer, Rex Potter, Tom Stephen, W. Ralph Evans, and Keith Shankland. COUNCILMEMBERS ABSENT: Outgoing Council members Ronnie Kendall and Gary Fawks were not present for the meeting. 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 Planning Bruce Payne; Senior Planner Ken Baker; Director of Community Services Kevin Hugman; Director of Public Works Pedram Farahnak; Senior Engineer Charlie Thomas; Engineer Michael Hutchison; Public Works Operations Manager Michael Patterson; Director of Public Safety Ricky Black; Public Information Officer James Kunke; Manager of Technical Services Gary Gregg; City Attorney Debra Drayovitch; and City Secretary Sandra L. LeGrand. WORK SESSION: The Work Session was called to order at 5:55 p.m. During the work session, Councilmembers and City staff discussed items on the agenda. The work session is audio and videotape recorded for future reference. Copies are available from the Office of the City Secretary. Due to problems with the audio recording system, individual discussions with Councilmembers and staff related to agenda items will not be noted in the work session notes. During the work session it was determined that Agenda Item #5 -G, was removed from the consent agenda; Items #8 -B, [remanded back to the P & Z, as the plat will change to include fewer lots; lot sizes closer to one acre; and to look at an entrance /exit into the addition off of Dove Road as well as Carroll Avenue] #10 -A, #10 -B, #10 -C, #10 -D and #10 -E [for denial, as it was denied in SPDC meeting], would be added to the consent agenda. The work session ended at 6:15 p.m. and Councilmembers recessed until 7:05 p.m. Regular City Council Meeting Minutes of May 15, 2001 Page 1 of 11 REGULAR CITY COUNCIL MEETING Agenda Item #1, Call To Order Mayor Rick Stacy called the Regular City Council meeting to order at 7:05 p.m. 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. Agenda Item #3, Invocation Coy Quesenbury, Lonesome Dove Baptist Church, gave the invocation. Following the invocation, Council and the audience gave the pledge of allegiance to the flag. Agenda Item #4 -A, Mayor's Report During the Mayor's Report, the City Secretary Sandra L. LeGrand administered the Oath of Office to new Councilmembers: W. Ralph Evans, Greg Standerfer and Tom Stephens. The new Councilmembers took their place at the Council table. Mayor Stacy announced that a D.A.R.E. Graduation would take place on May 16, 2001 at 2:30 p.m. at Durham Elementary School whereby he will be the guest speaker. Councilmembers are invited to attend. Agenda Item #4 -B, City Manager's Report City Manager Billy Campbell did not have anything to report tonight. Agenda Item #4 -C, SPIN Report The SPIN Report was given by Jan Francis, SPIN #5, who congratulated new Councilmembers. She noted the major concerns for citizens on the north side of SH 114 are the Aventura Property development. Agenda Item #4 -D, Park Board Report Chris Miltonberger who commented on the Park Board meeting that was held last night gave the Park Board Report. He stated they discussed St. Martin -In- The -Field Church as well as discussions that took place regarding the Nature Center. Agenda Item #4 -E, Committee Reports During this segment of the agenda, Councilmember Greg Standerfer commented on the most recent Joint Utilization Committee [JUC] meeting. He referenced a memorandum from Deputy Director of Community Services Steve Pollasek concerning an interlocal agreement between the JUC and the Parks Department. Regular City Council Meeting Minutes of May 15, 2001 Page 2 of 11 Councilmember Patsy DuPre commented on the Joint Drug and Alcohol Awareness Committee meeting, which was held on May 8. During the meeting they indicated they would be reviewing the by -laws and reconsidering membership on the committee. Agenda Item #5, Consent Agenda Mayor Rick Stacy informed the audience that the consent agenda items are considered by one vote. He stated if anyone has 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: 5 -A. Approval of the Minutes of the Regular City Council meeting held on May 1, 2001 and the Special City Council meeting minutes held on May 8, 2001. The minutes of both meetings were approved as presented. 5 -B. Authorize the Mayor to enter into an Interlocal Agreement with St. Martin -In -The Field Episcopal Church, for practice ballfields. The agreement allows the City to use the area designated for a practice ballfield on the church property in exchange for the City's constructing some improvements such as backstops and irrigation. The fields are in accordance with the approve concept plan for the church, and funding is available in the SPDC Special Projects fund. The agreement would provide the City with much needed practice facilities, and is adjacent to Chesapeake Park, currently under construction. The site improvements are estimated to cost approximately $15,000. 5 -C. Authorize the Mayor to execute a Residential Developer's Agreement for Wingate Hill Addition. The final plat for Wingate Hill Addition was approved on May 3, 2001. Wingate Hill is located on the east side of White Chapel Boulevard north of Dove Street and approximately 700 feet north of Sweet Street. The addition includes 24 lots. This agreement is the City's standard developer's agreement and covers the construction of street paving, drainage, and water and sanitary sewer lines. The Park Board recommends a Park Fee of $36,000. 5 -D. Authorize the Mayor to execute a Commercial Developer's Agreement for Parker's Corner -Sonic Restaurant. The Planning and Zoning Commission approved the final plat for the Sonic located in Parker's Corner on May 3, 2001. The development consists of construction of Sonic on the west side of Davis Boulevard, 500 feet south of F.M. Regular City Council Meeting Minutes of May 15, 2001 Page 3 of 11 1709. The developer's agreement is the City's standard Commercial Developer's Agreement covering the construction of public infrastructure. The required land dedication for this development of Parker's Corner is .08 acres of parkland. The equivalent in park dedication fees for this addition ($800 per gross acre times 3.932 acres) is $3,145.60. 5 -E. ZA 01 -019, Plat Revision for Lot 1R2, Block 1, W.E. Mayfield Addition. The applicant has withdrawn this item. 5 -F. Approval of Change Order No. 2 to CMPA, Inc. for the Department of Public Safety, West Facility, City of Southlake Project No. 00 -3320. During grading activities for the West DPS facility building pad and the parking lot, an area of wet, unsuitable subgrade material was encountered near the southwest corner of the future main parking area. Under advice of the geotechnical lab, since it did not appear that moisture would continue to be a problem once the material was dried and graded, staff requested a proposal from the general contractor, CMPA, to provide kiln dust. The addition of the kiln dust will stabilize the subgrade and help ensure the longevity of the parking area. The architect, PSA, and staff have reviewed this proposal and find it to be acceptable. It is recommended that this change be approved for an increase of $6,800. Our contract currently provides a "contingency" item in the amount of $150,000. If approved, these changes can be included under this "contingency" item and no change in the contract amount or the contract time will occur. 5 -G. Resolution No. 01 -028, Appointment of Mayor Pro Tem and Deputy Mayor Pro Tem This item was taken off of the consent agenda and not acted upon during this meeting. 5 - 1 - 1. Resolution No. 01 -031, Approval of a resolution by the City Council of the City of Southlake, Texas, relating to the "Southlake Park Development Corporation Sales Tax Subordinate Lien Revenue Bonds, Series 2001." In order for sales tax revenue bonds to be issues, the City Council must consider a resolution that approves the SPDC's resolution to issue the bonds. This is required under Section 4B of the Development Corporation Act of 1979. The resolution will also include a Financing /Use Agreement with SPDC, through which the Board authorizes the City to construct projects and to invest and disburse funds. The SPDC board held a public hearing on the projects at a special meeting today, prior to the regular City Council meeting. The SPDC Board also considered a resolution to approve the issuance of the $4,690,000 sales tax subordinate lien revenue bonds, series 2001. Regular City Council Meeting Minutes of May 15, 2001 Page 4 of 11 8 -B. Ordinance No. 480 -364, 1 Reading, (ZA 01 -027), Rezoning and Development Plan for Haltom Creek Estates. The property is located on the east side of North Carroll Avenue and the west side of Sunshine Lane, approximately 500' south of East Dove Road. The purpose of this request is to place a "Residential Planned Unit Development" district uses and regulations on the property for development of 94 residential lots on 95 acres. The City Council wishes to remand this item back to the Planning and Zoning Commission whereby the developer may present a new plan. The Mayor suggested the developer reduce the number of residential lots; making the lots closer to one acre in size; and provide an entrance /exit to Dove Road as well as Carroll Avenue. The following persons signed up to speak opposing the current plan: Donna Wallace, 1780 North Sunshine Lane, Southlake Elaine Ensenberger, 1505 North Carroll Avenue, Southlake Christopher Ensenberger, 1505 North Carroll Avenue, Southlake Janice Francis, 1211 Ashmoore Court, Southlake Rhonda Chambers, 1810 Hunters Creek, Southlake Kay Zimmerman, 1420 Whispering Dell Court, Southlake Rhonda Hight, 1709 North Carroll Avenue, Southlake 10 -A. Request, for a variance to Sign Ordinance No. 704 -A, for Clariden Ranch located at 3900 North White Chapel Boulevard. Bobby Harrell represents Terra Land Development for Clariden Ranch a subdivision to be located on the west side of North White Chapel Boulevard across from Bob Jones Park. Terra Land Development is proposing a sign that is actually an arched entry feature with stone and iron columns connected by an arched iron cross member. A nameplate identifying the subdivision is suspended beneath the center of the arch. This would give the look of a typical entry element for a ranch, which is the central theme of the development this feature would be placed in lieu of a typical monument sign. 10 -B. Request for a Conditional Sign Permit for Sabre Corporation Headquarters located at 3150 Kirkwood Boulevard. Sabre Corporation seeks a Conditional Sign Permit allowing a special set of sign specifications to create a monument and directional sign package to be used throughout each phase of the development of the Sabre Corporate Campus. The package would feature an entry sign with the letters "SABRE" placed within the fountain area designed to look as if it were floating on water. The remaining signs would be stylized building identification monuments and stylized directional monument sign package, there would be typical traffic signage designed within TxDOT standards. Regular City Council Meeting Minutes of May 15, 2001 Page 5 of 11 10 -C. Request from Southlake Baseball Association for a variance to Facilities Utilization Agreement to extend hours of lighting for tournaments. The Southlake Baseball Association is hosting a series of tournaments in late June and early July. The association has requested that the hours of lighting specified in the current Facilities Utilization Agreement be extended until midnight to accommodate tournament play if a game extends beyond the allowed time limit. The current restrictions are Sunday through Thursday: cease play by 10:00 p.m. light turned off by 10:30 p.m. Friday and Saturday: cease play by 11:00 p.m. lights turned off by 11:30 p.m. The tournaments are scheduled for Mondays through Fridays. This item is placed on the Council agenda since it involves a variance to an approved agreement. 10 -D. Resolution No. 01 -027, Appointment four members to serve on the Board of Directors of the Tax Increment Reinvestment Zone Number One of the City of Southlake. The bylaws of the Tax Increment Financing Reinvestment Zone Number One, the City of Southlake, Texas specifies that the City shall appoint eight members to the board, allowing the Carroll Independent School District to name one of the appointments. On July 18, 2000, the City Council approved Resolution No.00 -80, appointing eight members to the board at staggered terms. The appointments held by Councilmembers Ronnie Kendall, Greg Standerfer, and Gary Fawks, and CISD Board President Rob Glover expired in May 2001. CISD has indicated that it would like the City to re- appoint Mr. Glover to the TIRZ Board. The remaining appointments can be filled by re- appointing Councilmember Standerfer, and appointing Councilmembers W. Ralph Evans and Tom Stephen. 10 -E. Approval of Change Order with Botanical Technologies to construct restroom building #3 at Bob Jones Park. This item was approved to deny as it was denied by the SPDC earlier this evening. During the Capital Improvements Plan (CIP) discussions with SPDC last summer, the board requested that staff pursue moving up the construction of restroom #3 at Bob Jones Park to the current project year. SPDC subsequently approved the FY 2001 -2002 CIP with an additional $450,000 in the Bob Jones Park project for the addition of this restroom and features associated with the second pond. After completing construction drawings for the second restroom, staff pursued a change order with the contractor currently on the project - Botanical technologies. The proposed change order amount is $292,306, which is within the estimated $300,000 allocated for the facility, and is well within the maximum 25% increase of an awarded contract. Staff is working with the contractor to reduce this amount for some costs are unnecessary, according to staff. They are prepared to discuss the results of these efforts at tonight's meeting. Regular City Council Meeting Minutes of May 15, 2001 Page 6 of 11 Motion was made to approve the consent agenda as noted above: Approving Items #5 -A, #5 -B, #5 -C, #5 -D, #5 -F; deleting Item #5 -G from the consent agenda; Item #5 -H; adding Item #8 -B, remanding back to the Planning and Zoning Commission; Item #10 -A, #10 -B, #10-C, #10-D, and denying Item #10-E. Motion: DuPre Second: Evans Ayes: DuPre, Evans, Shankland [abstained from Item #5 -A], Standerfer, Potter, Stephen, Stacy Nays: None Approved: 7 -0 vote Agenda Item #7 -B, Ordinance No. 480 -363, 2 " Reading (ZA 01 -042). Ordinance No. 480 -363, 2nd Reading, (ZA 01 -042), Rezoning and Concept Plan for Clariden School, on property legally described as a portion of Tracts 1 and 1A, situated in the W. Mills Survey, Abstract No. 877 and being 23.050 acres. Current zoning is "AG" Agricultural District, with a requested zoning of "CS" Community Service District. Amended requested zoning is "S -P -2" Generalized Site Plan District with "CS" Community Service District uses limited to a private school. Senior Planner Ken Baker presented this case noting the Planning and Zoning Commission approved (6 -0) this plan, subject to the Concept Plan Review Summary No. 1, dated April 12, 2001; subject to the following: • "S -P -2" Generalized Site Plan District with "CS" Community Service District uses limited to a private school with a 700 - student capacity; • lighting design and installation will adhere to relevant city ordinances; • school will install a continuous northbound left turn lane on White Chapel Boulevard; • school will install a crosswalk across White Chapel Boulevard; • and a flashing school zone will be installed as recommended by staff. On May 1, 2001, the City Council approved (7 -0) subject to the recommendation of the Planning and Zoning Commission, on the consent agenda. PUBLIC HEARING: Mayor Stacy read into the record, those who signed up but did not wish to speak: Kathleen Boissevain, 910 Carriage Way, Southlake Kevin Tubb, 8333 David Boulevard, Fort Worth Charlane Baccus, 3300 Mill Ridge, Southlake Julie Lancaster, 4104 Somerset Court, Grapevine Beverly Riches, 3110 Ironclad Court, Southlake Karen Pieper, 304 Bandera Court, Southlake Melanie Marshall, 2300 Timberline #262, Grapevine Regular City Council Meeting Minutes of May 15, 2001 Page 7 of 11 Faye Williams, 201 Rochelle Court, Colleyville Michelle Lawrence, Trophy Club Marian Cartwright, 12 Lake Forest Drive, Southlake Cory Abbott, 704 Chatham Court, Southlake Scott D. Widell, 808 Elmbrook Court, Southlake Debra Graves, 808 Elmbrook Court, Southlake Jim Beatty, 2840 Market Loop, Susan Beatty, 8804 Tanglewood Court, Cynthia Pursley, 209 West McDonwell School Road, Colleyville Susan Hawkins, 615 Park Place Court, Grapevine Matt J. Pieper, 304 Bandera Court, Southlake Roxanne Booth, 401 John McCain Road, Colleyville Richard Booth, 401 John McCain Road, Colleyville Johnny Campbell, 1004 Dominion, Southlake Robert Rowland, 400 Bryn Meadows, Southlake ZE -BEE WU, 3912 Fox Glen Drive, Irving Susan K. Campbell, 1004 Dominion Drive, Southlake Phil Oman, 1370 Bent Creek Drive, Southlake Karen Holt, 1616 Pecos Drive, Southlake Susan Kregge, 204 Donley Court, Southlake Tracy Elliott, 701 Thomas Court, Southlake Nikki Wilkins, 400 Bryn Meadows, Southlake Sheryl Zimmerman, 1656 Creekside Drive, Southlake Michelle Miller, 420 Brooks Court, Southlake Jim Miller, 420 Brooks Court, Southlake Bryan Elliott, 701 Thomas Court, Southlake Public hearing closed. Motion was made to approve Ordinance No. 480 -363, 2nd Reading, Subject to the Concept Plan Review Summary No. 1, dated April 12, 2001. Motion: Standerfer Second: Shankland Ayes: Standerfer, Shankland, DuPre, Potter, Stephen, Evans, Stacy Nays: None Approved: 7 -0 vote Agenda Item #7 -A, Ordinance No. 480 -362, 2 " Reading (ZA 00 -124) Ordinance No. 480 -362, 2nd Reading (ZA 00 -124), Rezoning and Site Plan for Gateway Church, on property legally described as a portion of Tract 2B situated in the John Freeman Survey, Abstract No. 529, and being 13.675 acres. Current zoning is "AG" Agricultural District, with a requested zoning of "CS" Community Service District. Senior Planner Ken Baker presented Ordinance No. 480 -362 for second reading, noting the Planning and Zoning Commission approved this case on April 19, 2001 (6 -0) subject Regular City Council Meeting Minutes of May 15, 2001 Page 8 of 11 to the Concept Plan Review Summary No. 4, dated April 12, 2001, and to accept the requested variances for Item #1, articulation; Item #2a, private turn- around; Item #2b stacking; and Item #2c driveway spacing. The City Council approved the first reading on May 1, 2001 (7 -0) subject to the recommendation of the Planning and Zoning Commission on consent requiring a common access easement stubbing into the east property line and providing a trail along F.M. 1709 subject to the Master Pathway Plan. Mr. Baker noted the revised Site Plan Review Summary No. 4 dated May 11, 2001 needs council action of the following variances: • Horizontal articulation on the North and East facades. • Dead -end street with turn - around easement, rather than a publicly dedicated cul- de -sac right -of -way. • Driveway stacking depth (150' required) o the stacking measured on the drive off F.M. 1709 is 140' o the stacking measured from S. Village Center Drive is 42' • Driveway spacing on F.M. 1709. Full access drives must be spaced 500' on F.M. 1709. The proposed drive will be approximately 250' from the next full access drive to the east. • Staff recommendation that the "F.M. 1709" driveway be aligned with the "Village Center driveway" located on the north side of F.M. 1709. Councilmember Tom Stephen asked, "what is the chance of the road being extended to South Kimball Avenue ?" Senior Planner Ken Baker responded that the church is opposed to having a road to the east, as they are concerned with how the property to the east will develop. It will be a public road to Village Center. Councilmember Greg Standerfer asked if the requested variance to fencing is included in the Plan. George Grubb, applicant, 702 South White Chapel Boulevard, Southlake. Mr. Grubb stated they asked the neighborhood what they wanted and if they wanted a church. They did not want the road extended. He indicated they want to keep communications going with the neighborhood. PUBLIC HEARING: No comments were made during the public hearing. Motion was made to approve Ordinance No. 480 -362, 2 °a Reading (ZA 00 -124), subject to the Concept Plan Review Summary No. 4, dated May 11, 2001; incorporating the condition that the applicant will put in the fencing to the south and southeast, but that it does not have to be done until Phase 2 of the project. Motion: Potter Second: Shankland Ayes: Potter, Shankland, DuPre, Standerfer, Stephen, Evans, Stacy Regular City Council Meeting Minutes of May 15, 2001 Page 9 of 11 Nays: None Approved; 7 -0 vote Mayor Stacy commented about the width of the trails, and stated he would like for the City Council to look at the ordinance again. Agenda Item #6, Public Forum Deborah Heath, 5944 Stagecoach Circle, Westlake. Ms. Heath presented "A Touch of Nature" to the City Councilmembers, City Manager, and City Secretary, and thanked Council for their support of the literary art program. Kevin Leaverton, 800 Westminster Way, Southlake. Mr. Leaverton stated he is the new president of the Cambridge Addition Homeowners Association. He expressed concerns about Carlisle Street improvements. He stated they want to see the street widened, with curbs and gutters, as safety is a great concern. He noted he sent a letter to the City and has not received a response as of this time. He asked the City Council to direct the City staff to look into this matter. He asked that an item be placed on the next agenda whereby some action can be taken. Agenda Item #11 -A, Discussion: StarCenter City Manager Billy Campbell stated this item was placed on the agenda in order to give Council an opportunity to discuss it should additional information become available. He stated that no new information is ready at this time. He stated that by the next City Council meeting, he is hopeful that a full presentation can be made regarding the StarCenter locating in the City of Southlake. Councilmember Tom Stephen asked for a "full packet" of information on the StarCenter so that he can be brought up to speed on the project. 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 8:00 p.m. Council returned to the council table at 9: 15 p.m. Regular City Council Meeting Minutes of May 15, 2001 Page 10 of 11 Agenda Item #2 -B, Action Necessary /Executive Session Motion was made to move forward with the litigation as discussed in executive session regarding pavement distress failures. Motion was also made to schedule the Southlake Park Development Corporation (SPDC) meetings on the third Tuesdays of the month prior to the Regular City Council meeting. Motion: Standerfer Second: Potter Ayes: Standerfer, Potter, Stephen, Evans, Shankland, DuPre, Stacy Nays: None Approved: 7 -0 vote Agenda Item #12, Adjournment Mayor Stacy stated that prior to adjournment, the City Secretary was instructed to schedule a Special City Council meeting for Tuesday, May 22, at 5:00 p.m. whereby the City Council meeting will conduct interviews and make appointments to the Planning and Zoning Commission, Zoning Board of Adjustments, Park Board, and the Southlake Park Development Corporation (SPDC). All other boards and commissions will be appointed in June. Mayor Stacy adjourned the Regular City Council meeting at 9:25 p.m. . '% ' , •. Mayor Rick Stacy ATTEST: 0: � : i e \.�.•• Sandra L. LeGrand City Secretary Regular City Council Meeting Minutes of May 15, 2001 Page 11 of 11