1994-05-03 Regular CC Meeting City of Southlake, Texas
REGULAR CITY COUNCIL MEETING: MAY 3, 1994
LOCATION: 667 North Carroll Avenue, Southlake, Texas
City Council Chambers of City Hall
WORK SESSION: 6:30 P.M.
1. Discussion of all items on tonight's meeting agenda.
REGULAR SESSION: 7:00 P.M.
1. A. Call to order. Invocation.
B. Executive Session: Pursuant to the Open Meetings Act, Chapter 551 of the
Texas Government Code, Sections 551.071, 551.072, 551.074, 551.076. Refer
to Posted List attached hereto and incorporated herein.
C. Reconvene: Action Necessary on items discussed in executive session.
2. Approval of the Minutes of the April 19, 1994, City Council Meeting.
3. Mayor's Report.
4. City Manager's Report.
CONSENT AGENDA
All items listed below are considered to be routine by the City Council and will be enacted with
one motion. There will be no 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. Consider (no items this agenda).
REGULAR AGENDA
6. Public Forum.
City of Southlake, Texas
d
Regular City Council Meeting Agenda
May 3, 1994
page two
7. Consider: Ordinances, second reading, and related items.
A. Ordinance No. 480 -117, 2nd reading (ZA 94 -26), Rezoning for a 1.006 acre tract
of land situated in the Francis Throop Survey, Abstract No. 1511, Tract 1N.
Location: 1840 North Kimball Avenue. Current zoning is "AG"
Agricultural; Requested zoning is "SF -30" Single - Family Residential District.
Owner /Applicant: Les Gibson
PUBLIC HEARING.
B. SECOND PUBLIC HEARING regarding the annexation of 0.361 acres of land
located in the C.M. Throop Survey, Abstract No. 1510, Tract 7A.
C. Resolution No. 94 -19, authorizing the City Attorney to prepare an ordinance
regarding the annexation of 0.361 acres of land located in the C.M. Throop
Survey, Abstract No. 1510, Tract 7A.
8. Consider: Ordinances, first reading and related items.
A. Resolution No. 94 -17 (ZA 94 -22), Specific Use Permit for the sale of alcoholic
beverages per Ordinance No. 480, Section 45(i) and 45.6, being legally described
as 161.53 acres situated in the Hall Medlin Survey, Abstract No. 1037;
B. Hollingsworth and Barnett Survey, Abstract No. 797; J.N. Gibson Survey,
Abstract No. 591; M. Davenport Survey, Abstract No. 432; and more commonly
known as Timarron Golf Course and Clubhouse. Location: South of Continental
Blvd. and west of Brumlow Avenue. Current zoning "R- P.U.D." Residential
Planned Unit Development. Owner /Applicant: Timarron Land Corporation.
PUBLIC HEARING.
B. Ordinance No. 480 -116, 1st reading (ZA 94 -25), Rezoning and Concept Plan for
Yates Corner Storage, being 3.1 acres situated in the Francis Throop Survey,
Abstract No. 1511, Tracts IAA, 1E, and a portion of Tract 1E1. Location:
Northwest corner of Dove Road and North Kimball Avenue. Current zoning
"AG" Agricultural and "C -1" Neighborhood Commercial District; Requested
zoning is "B -2" Commercial Manufacturing District. Amended request "S -P -2"
Generalized Site Plan District to allow mini - warehouse storage.
Owner /Applicant: R. McPherson.
C. ZA 94 -29, Revised Preliminary Plat of Farrar Addition, Lot 2, Block 1, being
67.13 acres situated in the T. Mahan Survey, Abstract No. 1049, being
revised to Lots 2 & 3, Block 1, Farrar Addition. Location: North of F.M.
1709, South of Highway 114, and West of Short Avenue. Owner: Billie N.
Farrar. Applicant: Adams Consulting Engineer, Inc.
City of Southlake, Texas
Regular City Council Meeting Agenda
May 3, 1994
page three
D. Ordinance No. 480 -119, 1st reading (ZA 94 -30), Rezoning and Site Plan for a
6.6556 acre tract of land situated in the Thomas Easter Survey, Abstract No. 474,
and being legally described as Lots 2,3,7, and 8, Block C, Commerce Business
Park. Location: 572 Commerce Street. Current zoning is "I -1" Light Industrial;
Requested zoning is "S -P -1" Detailed Site Plan District. Owner: Randy Pack.
Applicant: Macatee Engineering Inc.
E. ZA 94 -31, Plat Revision for Lots 2,3,7 & 8, Block C, Commerce Business Park,
6.6556 acres situated in the Thomas Easter Survey, Abstract No. 474, and being
revised to Lots 2R and 3R, Block C, Commerce Business Park. Location: 572
Commerce Street. Owner: Randy Pack. Applicant: Macatee Engineering, Inc.
F. Ordinance No. 480 -120, 1st reading (ZA 94 -32), Rezoning and Site Plan for a
0.757 acre tract of land situated in the Thomas J. Thompson Survey, Abstract
No. 1502, and being legally described as Lot 1R, Block B, North Davis Business
Park. Location: 2105 Greenwood Drive. Current zoning: "I -1" Light Industrial,
with a requested zoning of "S -P -1" Detailed Site Plan District to allow antenna
station and "I -1" uses. Owner: Clarence R. Kidd. Applicant: Metrocel Cellular
Telephone Company.
G. Resolution No. 94 -18 (ZA 94 -33), Specific Use Permit for a telecommunication
tower exceeding the maximum 65' permitted by Ordinance No. 480, Section 34.1
bb (4) to allow an 87' monopole tower on 0.757 acres situated in the Thomas J.
Thompson Survey, Abstract No. 1502, and being legally described as Lot 1R,
Block B, North Davis Business Park. Location: 2105 Greenwood Drive.
Owner: Clarence R. Kidd. Applicant: Metrocel Cellular Telephone Company.
PUBLIC HEARING.
H. Ordinance No. 480 -121, 1st reading (ZA 94 -34) Rezoning request for a 6.0754
acre tract of land situated in the Littleberry G. Hall Survey, Abstract No. 686,
and being a portion of Tracts 3C and 3D. Location: Northeast corner of Shady
Oaks Drive and East Southlake Blvd. Current zoning is "AG" Agricultural, with
a requested zoning of "C -2" Local Retail Commercial. Owners: Marion G.
Truelove, James Dudley Truelove, Mary Louise Truelove, and Thomas Edward
Truelove, Sr. Applicant: The Stratford Group; Dave Denison, Agent.
City of Southlake, Texas
Regular City Council Meeting Agenda
May 3, 1994
page four
I. Ordinance No. 480 -122, 1st reading (ZA 94 -35), Rezoning request for a 5.00
acre tract of land situated in the M. Mahaffey Survey, Abstract No. 916, Tract
3. Location: South side of Bob Jones Road across from Indian Creek Addition
Current zoning is "AG" Agricultural, with a requested zoning of "SF -1A" Single -
Family Residential District. Owners: Leo C. and Susan Young. Applicant:
Dawne A. Moore.
J. Ordinance No. 604, 1st reading, changing water rates.
9. Resolutions:
A. Resolution No. 94 -20, a Resolution by the City Council of the City of Southlake,
Texas, relating to the "Southlake Park Development Corporation Sales Tax
Revenue Bonds, Series 1994 "; approving (i) the resolution of the Southlake Park
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 Southlake Park Development Corporation; resolving other
matters incident and related to the issuance of such Bonds; and providing an
effective date.
10. Other items for consideration:
A. Amended Developer Agreement for Timarron - Brenwyck, Phase I; Wyndsor
Creek; and Glendover; Adding the Estates at Bent Creek.
11. Other items for discussion (no items this agenda).
12. Meeting Adjourned.
City of Southlake, Texas
Regular City Council Meeting Agenda
May 3, 1994
page five
CERTIFICATE
I hereby certify that the above agenda was posted on the official bulletin boards at city hall, 667
North Carroll Avenue, Southlake, Texas, on Friday, April 29, 1994, at 5:00 p.m., pursuant to
the Open Meetings Act, Chapter 551 of the Texas Government Code.
A ,O UTH q ,,,
Al /...; ., . t�'
Sandra L. LeGrand � A
City Secretary is � x `=
a=
Col
If you plan to attend this public meeti ltltty- - • inability that requires special needs, please
advise the City Secretary 48 hours in al v. ce at 481 -5581 extension 704, and reasonable
accommodations will be made to assist you.
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City of Southlake, Texas
EXECUTIVE SESSION
PENDING LITIGATION - SECTION 551.071
The City Council may consider pending and contemplated litigation subjects. The following
subjects may be discussed:
1. West Beach Addition.
2. Legend Custom Homes, 1993
3. Scott and Anne Morrison vs. The Zoning Board of Adjustments, of the City of
Southlake, and the City of Southlake. 1993
Litigation is, by nature, an on -going process, and questions may arise as to trial tactics which
need to be explained to the City Council. Upon occasions, the City Council may need
information from the City Attorney as to the status of the pending or contemplated litigation
subjects set out above. After discussion of the pending and contemplated litigation subjects in
executive session, any final action, or vote taken, will be in executive session.
LAND ACQUISITION- SECTION 551.072
The City Council may consider the purchase, exchange, lease, or sale of real property.
After discussion of land acquisitions in executive session, any final action, or vote taken, will
be in public.
PERSONNEL - SECTION 551.074
The City Council may consider the appointment, employment, evaluation, reassignment, duties,
discipline, or dismissal of public officers or employees, including the City Manager, City
Secretary, City Attorney, and City Board and Commission Members. A complete list of the
City Boards and Commissions is on file in the City Secretary's Office.
DEPLOYMENT OF SECURITY PERSONNEL - SECTION 551.076
Regarding the deployment or specific occasions for implementation of security personnel or
devices. After discussion of any or all of the above, in executive session, any final action or
vote taken will be in public by the City Council.
If personnel issues or litigation issues arise as to the posted subject matter of this City Council
meeting, an executive session will be held.
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CITY OF SOUTIiLAKE, TEXAS
667 NORTH CARROLL AVENUE
REGULAR CITY COUNCIL MEETING
MAY 3, 1994
COUNCILMEMBERS PRESENT: Mayor Gary Fickes; Deputy Mayor Pro Tern Barry
Emerson. Members: W. Ralph Evans, Stephen Apple, and Jon Michael Franks.
COUNCILMEMBERS ABSENT: Mayor Pro Tern Jerry Farrier and Andy Wambsganss.
STAFF PRESENT: City Manager Curtis E. Hawk; Assistant City Manager, Shana Rice;
Director of Community Development, Greg Last; Director of Finance, LouAnn Heath; Director
of Public Works, Bob Whitehead; Director of Public Safety, Billy Campbell; Zoning
Administrator, Karen Gandy; City Engineer, Ron Harper; City Attorney, Wayne Olson; and,
City Secretary, Sandra L. LeGrand.
INVOCATION: Councilmember Ralph Evans.
WORK SESSION: The Work Session began at 6:30 p.m., whereby Councilmembers and City
staff reviewed all agenda items for tonight's meeting.
The Regular City Council meeting was called to order by Mayor Gary Fickes at 7:00 p.m.
Agenda Item #1-B. Executive Session
Mayor Fickes advised the audience that Council would be going into executive session pursuant
to Chapter 551 of the Texas Government Code, Sections 551.071, 551.072, 551.074, and
551.076 of the Open Meetings Act, to seek the advice of the City Attorney with respect to
pending and contemplated litigations, to discuss the purchase, exchange, lease or sale of real
property, and to consider the appointment and evaluation of public officials, and regarding the
deployment of specific occasions for implementation of security personnel or devises.
Council adjourned into executive session at 7:03 p.m.
Council returned to open session at 7:40 p.m.
Regular City Council Meeting Minutes
May 3, 1994
page two
Aeenda Item #1-C. Action Necessary/Executive Session
As the result of the executive session, motion was made to acquire the right-of-way, as discussed
in executive session.
Motion: Emerson
Second: Apple
Ayes: Emerson, Apple, Evans, Franks, Fickes
Nays: None
Approved: 5-0 vote
A~,enda Item//2. Aooroval of the Minutes 4/19/94 City Council Meetine
Motion was made to approve the Minutes of the April 19, 1994, City Council meeting.
Motion: Apple
Second: Emerson
Ayes: Apple, Emerson, Evans, Fickes
Nays: None
Abstention: Franks
Approved: 4-0-1
Aeenda Item #3. Mayor's Reoort
Mayor Fickes reminded the audience that the General Election will be held on May 7, 1994,
with the polls open from 7:00 a.m. to 7:00 p.m. The canvassing of the Election will be held
during a Special City Council meeting to be held on May 9, 1994, at 6:00 p.m.
Aeenda Item #4. City Manaeer's Reoort
The City Manager informed the public of two road closings in the next couple of weeks,
including: Continental Blvd., between Bent Creek and Carroll Avenue, will close on May 9 and
be closed until mid lune while Timarron does street improvements, and North Carroll, between
Dove Creek and Dove Road, will be down to one lane beginning May 9 and be closed about
one month. Rains may change these schedules.
Aeenda Item #$. Consent Aeenda
No items on Consent agenda for this meeting.
Aeenda Item #6. Public Forum
No comments during the public forum.
Regular City Council Meeting Minutes
May 3, 1994
page three
Agenda Item/f'/-A. Ordinance No. 480-117. CZA 94-203.2nd reading
Ordinance No. 480-117, 2nd reading (ZA 94-26), is a rezoning for a 1.006 acre tract of land
situated in the Francis Throop Survey, Abstract No. 1511, Tract IN. Current zoning is "AG"
Agricultural, with a requested zoning of "SF-30" Single-Family Residential District.
Owner/Applicant: Les Gibson.
Karen Gandy, Zoning Administrator, commented that ten (10) notices were sent to property
owners within 200' and three responses have been received, in favor, from: Lester Strait, James
E. Thompson, and R.D. Henry. Mrs. Gandy also commented that the one (1) lot plat showing
has also been submitted on the property. After the required right-of-way dedication on North
Kimball, the lot will contain 0.98 acres. The applicant's variance application was approved by
the Zoning Board of Adjustments on April 14, 1994 to allow a private sewage disposal system
on a less than one-acre lot.
The applicant, Les Gibson, was present for the meeting but made no comments.
The public heating resulted with no comments from the audience.
Motion was made to approve Ordinance No. 480-117, as presented.
Motion: Emerson
Second: Apple
Mayor Fickes read the caption of the ordinance.
Ayes: Emerson, Apple, Franks, Evans, Fickes
Nays: None
Approved: 5-0 vote
A~enda Item/f'/-B. Second Public Hearing for Annexation of 0.361 acres.
The second public hearing was held regarding the annexation of 0.361 acres of land located in
the C.M. Throop Survey, Abstract No. 1510, Tract 7A.
Mr. Thurman Head, 1400 Post Oak Trail, Southlake, was present stating he is the owner of this
parcel of land and was not aware of this annexation until the City Secretary called his home
today. He stated he does not understand why the property is being aimexed. He stated he
would like it to be left like it is.
Curtis Hawk, City Manager, stated the City of Westlake has
released this property to Southlake for annexation.
Regular City Council Meeting Minutes
May 3, 1994
page four
Agenda Item/fT-B. Continued
Mr. Head stated he feels the property was turned in to the City of Fort Worth as the property
is located in the flood plane. There is no sewer on the property. The trailer on the property
is for sale. Head added, if his taxes go up with the annexation, he cares! If not, he doesn't care!
Public Heating Closed.
Aeenda Item/fT-C. Resolntlnn No. 94-19. Preoarine Annexation Ordinance.
Resolution No. 94-19, authorizing the City Attorney to prepare an ordinance regarding the
annexation of 0.361 acres of land located in the C.M. Throop Survey, Abstract No. 1510, Tract
7A.
Motion was made to approve Resolution No. 94-19, authorizing the City Attorney to prepare
an annexation ordinance, with first reading being held next meeting.
Motion: Emerson
Second: Franks
Ayes: Emerson, Franks, Apple, Evans, Fickes
Nays: None
Approved: 5-0 vote
Agenda Item #8-A. Resolution No. 94-17 (ZA 94-221. S~eciflc Use Permit for Sale of
Alcoholic Beveraees. Timarron Land Corooration.
Specific Use Permit for the sale of alcoholic beverages per Ordinance No. 480, Section 450),
and 45.6 being legally described as 161.53 acres situated in the Hall Medlin Survey, Abstract
No. 1037; B. Hollingsworth and Barnett Survey, Abstract No. 797; J.N. Gibson Survey,
Abstract No. 591; M. Davenport Survey, Abstract No. 432; and more commonly known as
Timarron Golf Course and Clubhouse. Current zoning is "R-P.U.D." Residential Planned Unit
Development. Owner/Applicant: Timarron Land Corporation.
Karen Gandy, Zoning Administrator, commented that the applicant proposes food and alcoholic
beverage sales at the grill/bar in the clubhouse and on carts patrolling the golf course. During
discussions at the Planning and Zoning Commission meeting, the applicant indicated that only
beer and wine by the glass would be available on the traveling cart and that mixed drinks, beer
and wine by the glass would be available at the clubhouse.
Councilmember Apple made the point that if the traveling cart
patrolling the golf course is selling beer and wine, the individuals
would not be allowed to bring beverages with them.
Regular City Council Meeting Minutes
May 3, 1994
page five
A~enda Item #8-A. Continued
Public Hearing:
Peter Spotter, 1214 Woodsey Court, Southlake. Mr. Spotter asked would the people selling
liquor be careful enough to not let the people drink to much and drive home? He lives off
Continental Blvd. and is concerned with this.
Public Hearing Closed.
Motion was made to approve Resolution No. 94-17, subject to the Plan Review Summary dated
March 31, 1994, deleting item #3, bufferyard requirements.
Motion: Apple
Second: Evans
Ayes: Apple, Evans, Franks, Emerson, Fickes
Nays: None
Approved: 5-0 vote
Aeenda Item #8-B. Ordinance No. 480-116. 1st readine (ZA 94-251
Ordinance No. 480-116, 1st reading, is a Rezoning and Concept Plan for Yates Comer Storage,
being 3.1 acres situated in the Francis Throop Survey, Abstract No. 1511, Tracts 1AA, 1E and
a portion of Tract lEi. Current zoning is "AG" Agricultural and "C-l" Neighborhood
Commercial District, with a request for "B-2" Commercial Manufacturing District. Amended
request to "S-P-2" Generalized Site Plan District to allow mini-warehouse storage.
Owner/Applicant: Rick McPherson.
According to the Zoning Administrator, Karen Gandy, eight (8) notices were sent to property
owners within 200' and three responses have been received from within the 200' notification
area: Mike and Linda Tompkins, Mable Cate, and Nell George, two opposes and one
undecided. Three (3) responses have been received from outside the 200' notification area, all
opposing this request. They were Bill Towler, Lester J. Strait, and Tom Schneider.
John Levitt, 726 Commerce, Suite 102, Southlake. Mr. Levitt was present to represent Mr.
McPherson. Levitt stated there would be a six foot fence all the way around the property, in
lieu of a three (3) foot berm. There would be an entry system (either a code or pass), with no
twenty-four hour access, only normal business hours.
Currently seventeen (17) mobile homes are there on septic systems, this will be changed to mini-
warehouses, if approved.
Regular City Council Meeting Minutes
May 3, 1994
page six
A~enda Item #8-B. Continued
Motion was made to approve Ordinance No. 480-116, granting "S-P-2" Generalized Site Plan
District, subject to the Plan Review Summary dated March 31, 1994, recommending to change
requested zoning from "B-2" to "S-P-2", to allow mini-warehouse use as indicated on the
Concept Plan; no outside storage of any type, including boats and RV vehicles; deleting//5 and
allowing applicant to put up a fence instead of a berm.
Motion: Emerson
Second: Franks
Mayor Fickes read the caption of the ordinance.
Ayes: Emerson, Franks, Evans, Fickes
Nays: Apple
Approved: 4-1 vote
Agenda Item #8-C. ZA 94-29. Revised Prellminarv Plat of Farrar Addition. Lot 2. Block
L
ZA 94.29, Revised Preliminary Plat of Farrar Addition, Lot 2, Block 1, being 67.13 acres
situated in the T. Mahan Survey, Abstract No. 1049, being revised to Lots 2 & 3 Block 1,
Farrar Addition. Owner: Billie N. Farrar. Applicant: Adams Consulting Engineer, Inc.
The Zoning Administrator, Karen Gandy, noted that twenty-one (21) notices were sent to
property owners within 200' and two written responses have been received, both in favor of the
request, from Jack V. Brewer and James E. Byer.
Danny Adams, 6320 Copeland Road, Tyler. Mr. Adams stated they have reviewed staff
comments and will present a modified preliminary plat next week.
Motion was made to approve ZA 94-29, Revised Preliminary Plat of Farrar Addition subject to
the Plat Review Summary dated April 29, 1994.
Motion: Apple
Second: Emerson
Ayes: Apple, Emerson, Evans, Franks, Fickes
Nays: None
Approved: 5-0 vote
Regular City Council Meeting Minutes
May 3, 1994
page seven
~A~_enda Item ~-D. Ordinance No. 480-119. 1st readln~ (ZA 94-30)
Ordinance No. 480-119, 1st reading (ZA 94-30), Rezoning and Site Plan for a 6.6556 acre tract
of land situated in the Thomas Easter Survey, Abstract No. 474, and being legally described as
Lots 2,3,7, & 8, Block C, Commerce Business Park. Current zoning is "I-1" Light Industrial,
with a requested zoning if "S-P-l" Detailed Site Plan District. Owner: Randy Pack. Applicant:
Macatee Engineering, Inc.
Karen Gandy, Zoning Administrator, commented that three (3) notices were sent to property
owners within 200' and two written responses have been received. Randy Pack, 200 Bank St.
in favor and Pan American Life, 280 Commerce Street, opposed.
On April 21, 1994, the Planning and Zoning Commission approved the rezoning and Site Plan
subject to the Plan Review Summary dated April 15, 1994, and modifying to require an "all
weather surface" as defined in Ordinance No. 480, and on south side of proposed North Office
Building, move gates back to rear of employee parking lot and install a controlled gate; and
install an 8' chain link fence with wood slats.
Tfi-Dai, a utility company from Grapevine, plans to relocate to Lot 3R with possible expansion
into Lot 2R in the future.
Dayton Macatee Engineer, was present to answer questions for Council. Mr. Macatee stated
the property will be used for an underground utility company. There will be pipe and case iron
fittings in the storage yard. Equipment will be brought back to the location for maintenance,
but will be out in the field most of the time. Storage yard has been reduced from four lots to
two lots, and the storage yard will be all weather surface.
Councilmember Emerson expressed concerns with Market Place
not being built at this time. He expressed, he does not want the
City to build the street at some point and time. He asked if the
money could be placed in an escrow account until the street is
built.
Curtis Hawk, City Manager, commented that the City would not
issue building permits until the road is completed.
Motion was made to table Ordinance No. 480-119, until the next City Council meeting.
Motion: Franks
Second: Apple
Ayes: Franks, Apple, Evans, Fickes
Nays: No
Approved: 4-1 vote (to table).
Regular City Council Meeting Minutes
May 3, 1994
page eight
A;,enda Item #8-E. ZA 94-31. Plat Revision for Lots 2.3.7. & 8. Block C. Commerce
ZA 94-31, Plat Revision for Lots 2,3,7, & 8, Block C, Commerce Business Park, 6.6556 acres
situated in the Thomas Easter Survey, Abstract No. 474, and being revised to Lots 2R and 3R,
Block C, Commerce Business Park. Owner: Randy Pack. Applicant: Maeatee Engineering,
Inc.
Motion was made to table the Plat Revision for Lots 2,3,7, & 8, Block C, Commerce Business
Park until the next City Council meeting.
Motion: Apple
Second: Evans
Ayes: Apple, Evans, Franks, Emerson, Fickes
Nays: None
Approved: 5-0 vote
Agenda Item #8-F. Ordinance No, 480-120, 1st reading, CZA 94-32)
Ordinance No. 480-120, 1st reading (ZA 94-32), Rezoning and Site Plan for a 0.757 acre tract
of land situated in the Thomas J. Thompson Survey, Abstract No. 1502, and being legally
described as Lot IR, Block B, North David Business Park. Location: 2105 Greenwood Drive.
Current zoning is "I-l" Light Industrial, with a requested zoning of "S-P-I" Detailed Site Plan
District to allow antenna station and "I-l" uses. Owner: Clarence R. Kidd. Applicant:
Metrocel Cellular Telephone Company.
According to the Zoning Administrator, Karen Gandy, six (6) notices were sent to property
owners within 200' and one written response has been received, in favor, from Mercantile Bank
of Fort Worth. On April 21, 1994, the Planning and Zoning Commission approved this request
subject to the first Plan Review Summary dated April 15, 1994, modifying item g7 to specify
wood slats be used on the screening fence, and allowing the east and douth bufferyards and the
required interior landscaping to be installed with Phase II.
Pat Beddick, 7300 North Dallas Parkway, Dallas. Mr. Beddick stated the tower has a total
height of 87 feet.
Clarence Kidd, 705 Shady Lane, Southlake. Mr. Kidd stated at this time they have no use for
the building. They have agreed with what the Planning and Zoning Commission has voted upon.
Carolyn Hobbs, 1404 Chimney Works Drive Southlake. Mrs. Hobbs expressed concerns with
the antenna and the height. They live up against the property and have concerns with what they
will be looking at.
Regular City Council Meeting Minutes
May 3, 1994
page nine
Agenda Item gS-F. Continued
Motion was made to approve Ordinance No. 480-120, 1st reading, subject to the second Plat
Review Summary dated April 29, 1994, modifying item #7 to specify wood slats be used on
screening fence, and allowing the east and south bufferyards and the required interior
landscaping to be installed with Phase II.
Motion: Franks
Second: Evans
Mayor Gary Fickes read the caption of the ordinance
Ayes: Franks, Emerson, Evans, Apple
Nays: Fickes
Approved: 4-1 vote
A~enda Item # 8-G. Resolution No. 94-18 {ZA 94-331. SUP for Metrocel Cellular Teleohone
Company.
Resolution No. 94-18 (ZA 94-33), Specific Use Permit for a telecommunication tower exceeding
the maximum 65' permitted by Ordinance No. 480, Section 34.1 bb (4) to allow an 87'
monopole tower on 0.757 acres situated in the Thomas J. Thompson Survey, Abstract No. 1502,
and being legally described as Lot 1R, Block B, North David Business Park. Owner: Clarence
R. Kidd. Applicant: Metrocel Cellular Telephone Company.
The Zoning Administrator, Karen Gandy, noted the Specific Use Permit for a telecommunication
tower exceedes the maximum 65' permitted by Ordinance No. 480, Section 34. Ibb (4) to allow
an 87' monopole tower on 0.757 acres. Six (6) notices were sent to property owners within
200' and to date, one written response has been received from Mercantile Bank of Fort Worth,
in favor.
The public hearing resulted with no comments from the audience.
Motion was made to approve Resolution No. 94.18, subject to the second Plan Review
Summary dated April 29, 1994; modifying item g7 to specify wood slats be used on screening
fence, and allowing the east and south bufferyards and the required interior landscaping to be
installed with Phase II.
Motion: Franks
Second: Evans
Ayes: Franks, Evans, Apple, Emerson, Fickes
Nays: None
Approved: 5-0 vote
Council adjourned for recess at 9:10 p.m.
Council returned to open session at 9:20 p.m.
Regular City Council Meeting Minutes
May 3, 1994
page ten
Auenda Item #8-H. Ordinance No. 480-121.1st readinn (ZA 94-34)
Ordinance No. 480-121, 1st reading (ZA 94-34) Rezoning request for a 6.0754 acre tract of land
situated in the Littleberry G. Hall Survey, Abstract No. 686, and being a portion of Tract 3C
and 3D. Current zoning is "AG" Agricultural, with a requested zoning of "C-2" local Retail
Commercial. Owners: Marion G. Truelove, James Dudley Truelove, Mary Louise Truelove,
and Thomas Edward Truelove, Sr. Applicant: The Stratford Group; Dave Denison, Agent.
The Zoning Administrator, Karen Gandy, noted fourteen (14) notices were sent to property
owners within the 200' notification area, with one written response received from M.C.
Kennedy, in favor.
Dave Denison, Stratford Group, Dallas. Mr. Denison was present to answer questions for
Council.
Greg Last, Director of Community Development, commented that
in the next two months plans will come to City Council for the
street and channel improvements on this property.
The public hearing resulted with no comments from the audience.
Motion was made to approve Ordinance No. 480-121, 1st reading, as presented.
Motion: Franks
Second: Apple
Mayor Gary Fickes read the caption of the ordinance.
Ayes: Franks, Apple, Evans, Emerson, Fickes
Nays: None
Approved: 5-0 vote
Aeenda Item gS-I. Ordinance No. 480-122. 1st readine (ZA 94-35L
Ordinance No. 480-122, 1st reading, Rezoning request for a 5.00 acre tract of land situated in
the M. Mahaffey Survey, Abstract No. 916, Tract 3. location: South side of Bob Jones Road
across from Indian Creek Addition. Current zoning is "AG" Agricultural, with a requested
zoning of "SF-1A" Single-Family Residential District. Owners: Leo C. and Susan Young.
Applicant: Dawne A. Moore.
Karen Gandy noted that ten (10) notices were sent to property owners within the 200'
notification area, and two written responses have been received. Harold Knight and Pete and
lulie Landesberg, both in favor. The owner is proposing to build one single-family residence
on the property.
Regular City Council MeefingMinutes
May 3, 1994
page eleven
Agenda Item #8-I. Continued
Motion was made to approve Ordinance No. 480-122, 1st reading.
Motion: Emerson
Second: Franks
Mayor Fickes read the caption of the ordinance.
Ayes: Emerson, Franks, Evans, Apple, Fickes
Nays: None
Approved: 5-0 vote
Aeenda Item #8-J. Ordinance No. 604. 1st readine. Cham, in~, Water Rates
The City Manager, Curtis Hawk, commented that changing the water rates was discussed during
the mid-year review with our water rate consultant. On April 19, 1994, during the City Council
meeting, the fiscal planning consultant Lewis McLain presented a five-year utility financial plan.
The plan incorporates capital improvements and operational costs and projects revenues based
upon growth assumptions. The plan proposes a 4.13 % overall reduction in the water volume
rate. Based upon current volumes, this will translate into a revenue reduction of approximately
$139,000 for the year, which will not negatively impact current operations. No adjustments are
proposed for the wastewater or garbage rates. Commercial account standard rates will remain
the same, with volume rates reduced from $3.14 to $3.00 per 1,000 gallons for all consumption
over the meter size minimum consumption.
The Elderly/Hardship Standard Rate remains at $11.38 for 2,000 gallons, with the volume rate
for consumption over 2,000 gallons remaining at $2.72 per 1,000 up to 100,000 gallons. The
elderly/hardship volume is proposed to be reduced from $3.41 to $2.73 per thousand. There
are currently 30 accounts with the elderly/hardship rate.
Councilmember Stephen Apple asked of elderly and hardship rates,
now many have gone over 100,000 gallons per month. He
supports changing hardship back up to $3.00 for those over
100,000 per month.
Motion was made to approve Ordinance No. 604, 1st reading, amending the hardship/elderly
to $3.00 rate for water used over 100,000 gallons.
Motion: Apple
Second: Franks
Mayor Fiekes read the caption of Ordinance No. 604.
Ayes: Apple, Franks, Emerson, Evans, Fickes
Nays: None
Approved: 5-0 vote
Regular City Council Meeting Minutes
May 3, 1994
page twelve
Agenda Item #9-A. Resolution No. 94-20. SPDC Sales Tax Revenue Bonds. Series 1994.
Resolution No. 94-20, a Resolution by the City Council of the City of Southlake, Texas, relating
to the "Southlake Park Development Corporation Sales Tax Revenue Bonds, Series 1994";
approving (i) the resolution of the Southlake Park 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 Southlake Park Development Corporation; resolving
other matters incident and related to the issuance of such Bonds; and providing an effective date.
According to LouAnn Heath, Director of Finance, SPDC met in a Special Meeting this evening
at 5:30 p.m. to discuss several items that will be considered relating to the issuance of $2.945
million sales tax revenue bonds. A public heating was held on the expansion and development
of Bicentennial Park, purchase of land adjacent to the Corps of Engineers' property, and the
construction of a gymnasium. A resolution was proposed that will authorize the issuance of the
revenue bonds, approve a paying agent/registrar and approve a Financing/Use agreement with
the City. The SPDC received competitive bids on the sale of the bonds. The underwriter
bidding the lowest net interest cost and meeting other bid requirements was awarded the bid.
Rauscher Pierce Refinese, Inc. was low bidder with an interest rate of 6.170844%.
In order to complete the revenue bond transaction, the City Council is required to approve a
resolution. Resolution No. 94-20 will approve the SPDC resolution that authorizes the issuance
of the revenue bonds. The resolution will also approve the execution of the Financing/Use
Agreement on behalf of the City.
Councilmember Stephen Apple, who also serves as Chairman for
the Southlake Park Development Corporation, stated the SPDC is
in favor of going forward.
Motion was made to approve Resolution No. 94-20.
Motion: Apple
Second: Emerson
Ayes: Apple, Emerson, Evans, Franks, Fickes
Nays: None
Approve: 5-0 vote
Aeenda Item #10-A. Amend the Develooer At, reement for Timarron-Brenwvck. Phase I:
Wyndsor Creek: and Glendover: Adding, the Estates at Bent Creek.
The City Manager, Curtis Hawk, commented, as Council will recall that the 30 lots in questions
were approved by the City Council on the Preliminary Plat of October 6, 1992, and approved
on Final Plat by P&Z on November 4, 1993. The engineering plans have been approved, and
Regular City Council Meeting Minutes
May 3, 1994
page thirteen
Aeenda Item #10-A. Continued
the infrastructure is being constructed. The inspection fees are at 1.5% for those lots because
they are part of the project in the development agreement previously approved by the City
Council.
Bob Whitehead, Director of Public Works, stated Timarron apparently "inadvertently omitted"
the 30 lots of Timarron Phase 2, Section 2A. A copy of the memorandum from Mr. Whitehead,
dated April 27, 1994, regarding the amended Developer Agreement is hereby attached to the
minutes of this meeting.
Aeenda Item #1-C. Executive Session. Continued
Mayor Fickes announced that Council would be going back into executive session pursuant to
Chapter 551 of the Texas Government Code, Sections 551.071,551.072, to seek the advice of
the City Attorney with respect to pending and contemplated litigations, to discuss the purchase,
exchange, lease or sale of real property.
Council adjourned to executive session at 9:45 p.m.
Council returned to open session at 10:15 p.m.
Aeenda Item #1-C. Action Necessary/Executive Session
Motion was made to amend the Zoning Ordinance in Section 6, non-conforming uses and Section
44, empowering the Board of Adjustments to hear amortization proceedings.
Motion: Apple
Second: Franks
Ayes: Apple, Franks, Emerson, Evans, Fickes
Nays: None
Approved: 5-0 vote
Regular City Council Meeting Minutes
May 3, 1994
page fourteen
A~,enda Item//12. Adiournment
The meeting was adjourned at 10:35 p.m. by Mayor Gary Fickes.
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Sandra L. LeGrand
City Secretary
City of South lake, Texas
CITY COUN. CIL MEETING
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City of Southlake, Texas
MEMORANDUM
April 27, 1994
TO: Curtis E. Hawk, City Manager
FROM: Bob Whitehead, Director of Public Works
SUBJECT: Amended Developer Agreement for Timarron - Brenwyck, Phase 1; Wyndsor
Creek; and Glendover; Adding the Estates at Bent Creek
Timarron apparently "inadvertently omitted" the 30 lots of Cimarron Phase 2, Section 2A, "The
Estates at Bent Creek" from the latest Developer Agreement. The engineering plans for The
Estates have been approved and the infrastructure is being constructed.
All of the requirements of the original Developer Agreement remains unchanged. Timarron will
pay all fees as stipulated in the agreement.
The fees are:
• 1.5% of construction costs for Inspection Fees,
• 2.0% of construction costs for Administrative Services
• Park Fees: 30 lots X $500 /lot X 50% = $7,500
The changes to the .Developer Agreement are:
• Title Block and the description in the first paragraph, page 1 will change from:
Brenwyck, Phase 1, Wyndsor Creek Phases 1 and 2 and Glendover
Phases 1 and 2, of Timarron
To:
Brenwyck, Phase 1, Wyndsor Creek, Glendover, and Phase 2
Section 2A of Timarron.
• Page one first paragraph - change the number of lots from: 201 - 231.
• Page 9 - 10, Section IV, A. Park Ordinance - a) change the Park Fee total from $50,250
to $57,750 (231 lots X $500 /lot X 50 %) for an additional fee of $7,500
• Change the second.paragraph to reflect the above changes. It would be charged to read:
There are 231 lots in Brenwyck Phase 1, Wyndsor Creek, Glendover, and
/OA-
Curtis E. Hawk, City Manager
Developer Agreement for Timarron
April 27, 1994
Page 2.
Phase 2 Section 2A (The Estates of Bent Creek) of the Timarron Addition.
The Council, hereby, grants a 50% credit for a resulting required Park
Fee of $57,750.00 for this agreement.
Please place this on the April 19th agenda for Council approval.
BW
BW /sm
Attachments
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