1995-10-17 Regular CC Meeting City of Southlake, Texas
REGULAR CITY COUNCIL MEETING: OCTOBER 17, 1995
LOCATION: 667 North Carroll Avenue, Southlake, Texas
City Council Chamber 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. Call to order. Invocation.
2. A. 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.
B. Reconvene: Action necessary on items discussed in executive session.
3. Approval of the Minutes of the Regular City Council Meeting held on October 3, 1995,
continued on October 10, 1995.
4. Reports:
A. Mayor's Report
B. City Manager's Report
C. SPIN 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. Consent:
A. Award bid for Dove Creek Drainage Channel, Summerplace Addition.
B. Resolution No. 95 -28, Release of two easements on Bailey Property.
City of Southlake, Texas
Regular City Council Meeting Agenda
October 17, 1995
page 2
REGULAR AGENDA
6. Public Forum.
7. Ordinances, second readings, public hearings, and related items.
A. Ordinance No. 480 -184, 2nd reading (ZA 95 -95), Rezoning for 3.678 acres
situated in the J.G. Allen Survey, Abstract No. 18, Tract 6E1. Location: North
side of Union Church Road, approximately 1200' west of Davis Blvd. (F.M.
1938). Current zoning is "AG" Agricultural, with a requested zoning of "SF -1A"
Single Family Residential District. Owners /Applicants: Joseph & Kimiela
Mortazavi. SPIN Neighborhood #15. PUBLIC HEARING.
B. Ordinance No. 480 -179, 2nd reading (ZA 95 -73), Rezoning and Concept Plan for
Solana (Residential), being 199.2 acres situated in the W. Medlin Survey, Abstract
No. 1958, the U.P. Martin Survey, Abstract No. 1015, being portions of Tracts
1A1, 2A2, 2A3, 2A5, 2A7, the R.D. Price Survey, Abstract No. 1207, being all
of Tracts 1, 1B, 1C, 1C1, 1D, 1DS1, 1E, 1E1, 1F, 1F1, 1G, 111, 1J1, 3A, 3A1,
3A1A, 3A1A1, 3A1A2, 3A2, 3A3, 3A3A, 3A3A1, 3A4, 3A4A, 3A4B, 3C, 4A,
4A1, 4B, 4B1, 4B2, and the James B. Martin Survey, Abstract No. 1134, being
a portion of Tract 1, and includes all of Lot 4, Block A, MTP /IBM Addition No.
1, as recorded in Volume 388 -211, Page 68, P.R.T.C.T. and Cabinet G, Slide
208, P.R.D.C.T. Location: Northeast of Northwest Parkway (SH114), east of
T.W. Kin! Road north of West Dove Street and west of North White Cha.el
Blvd. Current zoning is "C -3" General Commercial District, "CS" Community
Service District, and "P.U.D." Planned Unit Development District; Requested
Zoning is "R- P.U.D." Residential Planned Unit Development. Owner: MTP -IBM
Phase II & III Joint Venture. Applicant: Maguire Thomas Partners. SPIN
Neighborhood #2. PUBLIC HEARING.
C. Ordinance No. 480 -180, 2nd reading (ZA 95 -74), Rezoning and Concept Plan for
Solana (Non - Residential), being 127.2 acres situated in the U.P. Martin Survey,
Abstract No. 1015, being portions of Tracts 1A1, 1C, 2A, 2A1, 2A2, 2A5, 2A6,
2A7, and the James B. Martin Survey, Abstract No. 1134, being portions of Tracts
1 and 1C. Location: Northeast of Northwest Parkway (SH114), south of
Kirkwood Boulevard and north of West Dove Road. Current zoning is "C -3"
General Commercial District, "CS" Community Service District, and "P.U.D."
Planned Unit Development District. Requested Zoning is "NR- P.U.D." Non -
Residential Planned Unit Development, "C -3" General Commercial District, "O-
2" Office District, "HC" Hotel District, and "CS" Commercial Service District.
Owner: MTP -IBM Phase II & III Joint Venture. Applicant: Maguire Thomas
Partners. SPIN Neighborhood #2 PUBLIC HEARING.
City of Southlake, Texas
Regular City Council Meeting Agenda
October 17, 1995
page 3
D. Ordinance No. 480 -182, 2nd reading (ZA 95 -83), Rezoning and Concept Plan for
Meadow Ridge Estates, being 37.416 acres of land situated in the John A. Freeman
Survey, Abstract No. 529, tracts 1, 1A, 1C, 1D, and 3A. Location: West side of
Kimball Avenue, adjacent to and east of Woodland Heights Addition, and
approximately 900' south of East Southlake Blvd. Current zoning is "AG"
Agricultural, with a requested zoning of "SF -20A" Single - Family Residential
District. Owners: Mike and Ginger Jacobs, Dwaine Petty, and E.R.O.
Development Company. Applicant: Biscoe Clark Company. The development
proposed sixty -two (62) single family residential lots. SPIN Neighborhood #7.
PUBLIC HEARING.
8. Ordinances, first reading, and related items:
A. Ordinance No. 480 -185, 1st reading (ZA 95 -98), Rezoning for 9.857 acres of land
situated in the Thomas Beedy Survey, Abstract No. 72, Tract 2A2. Location:
1835 North Peytonville Avenue (on the east side), approximately 2100' south of
West Dove Road. Current zoning is "AG" Agricultural District; Requested
Zoning is "SF -1A" Single Family Residential District. Owners /Applicants:
Carleo and Regina Capili. SPIN Neighborhood #11.
B. Ordinance No. 480 -Q, 1st reading, amending Ordinance No. 480 -Q, with respect
to the Neighborhood Preservation Ordinance.
9. Resolutions:
A. Resolution No. 95 -43, appointments to the Building Board of Appeals
10. Other items for consideration:
A. Request for a variance to the sign ordinance by Dr. Greg Wright.
B. Request for City Participation in a drainage issue in the area of Ridgecrest and
Dove Rd.
C. Proposed land purchase on N. White Chapel Blvd., for municipal purposes.
D. Consider rolloff pricing by Laidlaw Waste Systems
11. Other items for discussion (no items this agenda).
City of Southlake, Texas
Regular City Council Meeting Agenda
October 17, 1995
page 4
12. Adjournment.
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, October 13, 1995, at 5:00 p.m., pursuant
to the Texas Government Code, Chapter 551.
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Kim Cush y �=
Act ng City Secretary .`
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If you plan to attend this public meeting and have a disability that requires special needs, please advise the City Secretary 48 hours in advance at 481 -5581
extension 704 and reasonable accommodations will be made to assist you.
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356
CITY OF SOUTHLAKE, TEXAS
667 NORTH CARROLL AVENUE
REGULAR CITY COUNCIL MEETING
OCTOBER 17, 1995
MINUTES
COUNCILMEMBERS PRESENT: Mayor Gary Fickes; Deputy Mayor Pro Tern, Pamela
Muller. Members: Michael Richarme, Sally Hall, W. Ralph Evans, and Ron Maness.
COUNCILMEMBER ABSENT: Andy Wambsganss
STAFF PRESENT: Curtis E. Hawk, City Manager; LouAnn Heath, Director of Finance; Bob
Whitehead, Director of Public Works; Ron Harper, City Engineer; Greg Last, Director of
Community Development; Karen Gandy, Zoning Administrator; E. Allen Taylor, Jr., City
Attorney; and, Sandra L. LeGrand, City Secretary.
WORK SESSION: The work session was held where agenda items for tonight's meeting were
discussed by Council and staff.
INVOCATION: Councilmember W. Ralph Evans.
The Regular City Council meeting was called to order at 7:00 p.m. by Mayor Gary Fickes.
Agenda Item #2-A, Executive Session
Mayor Gary 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,
551.076 of the Open Meetings Act, to seek the advice of the City Attorney with respect to
pending and contemplated litigation, and to discuss the purchase, exchange, lease or sale of real
property and to consider the appointment and evaluation of public officials, and regarding the
deployment of specific occasions for implementation of security personnel or devises.
Council adjourned for executive session at 7:03 p.m.
Council returned to open session at 7:55 p.m.
Agenda Item #2-B, Action Necessary/Executive Session
Motion was made to purchase property for park use, specifically, Tract 10, Denton County H.
McHafferty Survey, Abstract No. 0916A, being 7 acres, and Tract 11, Denton County, H.
McHafferty Survey, Abstract No. 0916A, being approximately 10 acres. for park use and not
for a Public Works maintenance facility.
Motion: Richarme
Second: Hall
Ayes: Richarme, Hall, Evans, Maness, Muller, Fickes
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October 17, 1995
Page 2
Agenda Item #2-B, Continued
Nays: None
Approved: 6-0 vote
Mayor Fickes announced that Item #8-B would not be considered tonight. A joint work
session will be set for the City Council and Planning and Zoning Commission to discuss the
Neighborhood Preservation Ordinance.
Agenda Item #3, Approval of the Minutes of the October 3, 1995 City Council Meeting
Motion was made to table action on the approval of the Minutes of the Regular City Council
meeting held on October 3, 1995, continued on October 10, 1995, until the next meeting.
Motion: Richarme
Second: Muller
Ayes: Richarme, Hall, Evans, Maness, Muller, Fickes
Nays: None
Approved: 6-0 vote (to table action)
Agenda Item #4-A, Mayor's Report
No comments were made during this item.
Agenda item #4-B, City Manager's Report
Curtis Hawk, City Manager, stated a Joint City Council/SPIN meeting will be held on October
26, 1995.
Agenda Item #4-C, SPIN Report
Scott Martin, SPIN #4, made a presentation on behalf on SPIN #4. Martin stated he feels
Southlake Program for the Involvement of Neighborhoods has created a better understanding of
the City. He stated he has not had many inquires from citizens in SPIN #4. The people do not
appear to be too activist.
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Page 3
Agenda Item #5, Consent Agenda
The consent agenda consists of the following items:
#5-A Award of bid for Dove Creek Drainage Channel, Summerplace Addition.
#5-B Resolution No. 95-28, Release of two easements on the Bailey Property.
#9-A Resolution No. 95-43, appointments to the Building Board of Appeals.
Agenda Item #5, Continued
Motion was made to approve the consent agenda consisting of items #5-A, #5-B, #9-A.
Motion: Richarme
Second: Muller
Ayes: Richarme, Muller, Hall, Evans, Maness, Fickes
Nays: None
Approved: 6-0 vote
ADDITIONAL INFORMATION ON CONSENT ITEMS
#5-A. Accepting bid for Dove Creek Drainage Channel in the Summerplace Addition was first
bid on August 7, 1995, however, the low bid was higher than consulting engineers,
Cheatham and Associates' had anticipated. When rebid, the low bidder, Sprinkle-N-
Sprout was approved at$99,997.50. After the 1995 June retreat, Council authorized that
the "segmented retaining wall" design be used at an estimated cost of $74,625.00.
#5-B. Resolution No. 95-28, release of easement on the Bailey Property. F.L. and Dorothy
Bailey have requested the City of Southlake release two easements that cross their
property. The Baileys granted the first easement on January 10, 1966 to the City of
Southlake for a proposed water line to cross their property. Again on December 2,
1974, the Baileys granted a second easement to the City Water Supply Corporation (the
City of Southlake) for a proposed water line. The two and four inch water mains have
been abandoned now that Coventry Addition provides the loop connection between N.
Peytonville and Shady Oaks Drive.
#9-A. Resolution No. 95-43, appointments to the Building Board of Appeals. Places 1,3,5,7
were reappointed to another term to expire September 30, 1997. They include: Michael
Lease, Don Light, Chuck Fettinger, and David Carpenter.
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October 17, 1995
Page 4
Agenda Item #6, Public Forum
No comments were made during the public forum.
Agenda Item #7-A, Ordinance No. 480-184, 2nd reading ZA 95-95
Ordinance No. 480-184, 2nd reading (ZA 95-95), Rezoning for 3.678 acres situated in the J.G.
Allen Survey, Abstract No. 18, Tract 6E1. Current zoning is "AG" Agricultural, with a
requested zoning of "SF-1A" Single Family Residential District. Owners/Applicant: Joseph &
Kimiela Mortazavi. SPIN #15.
Four (4) notices were sent to property owners within the 200' notification area, according to
Karen Gandy, Zoning Administrator. No written responses have been received.
The public hearing resulted with no comments from the audience.
Motion was made to approve Ordinance No. 480-184, 2nd reading.
Motion: Richarme
Second: Muller
Mayor Fickes read the caption of the ordinance.
Ayes: Richarme, Muller, Maness, Hall, Evans, Fickes
Nays: None
Approved: 6-0 vote
Agenda Item #7-B, Ordinance No. 480-179, 2nd reading (ZA 95-73)
Ordinance No. 480-179, 2nd reading (ZA 95-73), Rezoning and Concept Plan for Solana
(Residential) being 199.2 acres situated in the W. Medlin Survey, Abstract No. 1958, the U.P.
Martin Survey, Abstract No. 1015, being portions of Tracts 1A1, 2A2, 2A3, 2A5, 2A7, the
R.D. Price Survey, Abstract No. 1207, being all of Tracts 1, 1B, 1C, 1C1, 1D, 1DS1, 1E, 1E1,
1F, 1F1, 1G, 1H, 1J1, 3A, 3A1, 3A1A, 3A1A1, 3A2, 3A1A2, 3A3, 3A3A, 3A3A1, 3A4,
3A4A, 3A4B, 3C, 4A, 4A1, 4B, 4B1, 4B2, and the James B. Martin Survey, Abstract No.
1134, being a portion of Tract 1, and includes all of Lot 4, Block A, MTP/IBM Addition No.
1, as recorded in Volume 388-211, Page 68, P.R.T.C.T. and Cabinet G, Slide 208, P.R.D.C.T.
Current zoning is "C-3" General Commercial District, "CS" Community Service District, and
"P.U.D." Planned Unit Development District. Requested zoning is "R-P.U.D." Planned Unit
Development. Owners: MTP-IBM Phase II & III Joint Venture. Applicant: Maguire Thomas
Partners. SPIN #3. Public Hearing.
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Page 5
Agenda Item #7-B, Continued
Zoning Administrator, Karen Gandy, advised that twenty-four (24) notices were sent to property
owners within the 200 notification area and the following responses were received: W.P.
Fletcher, 116 Sweet Street, in favor of single dwellings, but opposed to multiple dwellings;
Bonnie B. Hays, 2735 N. White Chapel Blvd., okay if as proposed; J.W. Riemenschneider,
P.O. Box 254, China Spring, Texas, in favor of single dwellings, however, opposed to multi-
family because of the lack of taxes paid to the Carroll School; Martin Schelling, 601 W. Wall
St. in favor, "it appears to be the best use for this portion of their property, not opposed to
alternative living products"; Harold D. Kruckenberg, 1730 Hunter's Creek, opposed, will lower
property values while resulting in the other residents carrying an unfair school tax load." One
hundred fifty-nine (159) written or phoned oppositions to multi-family housing were received
from persons outside of the 200' notification area as of September 27, 1995. This number
includes the two petitions presented by Ed Rankin at the last two City Council meetings.
Tom Allen, MTP/IBM representative was present.
The public hearing resulted with no comments from the audience.
Councilmember Richarme referenced a fire station location on Dove Road, west
of the water tower. A suggestion was made by Martin Schelling.
Councilmember Maness stated he does not object to the development of this
property as residential. He objects to the use of "PUD Zoning." Other PUDs
have lakes and golf courses. There are no amenities in this development. We
are establishing a precedent of PUD zoning uses for small lots.
Councilmember Richarme stated there are 199.2 acres, 215-230 homes- most are
on 15,000 square foot lots or larger. PUD zoning gives the City the
ability to work around the trees.
Councilmember Maness asked Council to remember the precedent we are setting.
Councilmember Hall stated PUD was established to provide 2.18 units per acre,
to preserve trees and spread lots throughout the trees. To provide various
product sizes. It is the mix and density of the development.
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Page 6
Agenda Item #7-B, Continued
Motion was made to approve Ordinance No. 480-179, 2nd reading, subject to the Plan Review
Summary No. 5 dated October 13, 1995; as amended eliminating the Product C and D; adding
the restriction of ancillary commercial uses to the south with the only access being Kirkwood;
inserting the notation made to the motion in P&Z item #4, that bufferyards be deleted that are
shown on the Concept Plan but establish bufferyard requirements at the Site Plan stage.
Motion: Richarme
Second: Evans
Mayor Fickes read the caption or Ordinance No. 480-179.
Ayes: Richarme, Evans, Hall, Fickes
Nays: Maness, Muller
Approved: 4-2 vote
Agenda Item #7-C, Ordinance No. 480-180, 2nd reading (ZA 95-74),Rezoning and Concept
Plan for Solana
Ordinance No. 480-180, 2nd reading (ZA 95-74), Rezoning and Concept Plan for Solana (Non-
, Residential), being 127.2 acres situated in the U.P. Martin Survey, Abstract No. 1015, being
portions of Tracts 1A1, 1C, 2A, 2A1, 2A2, 2A5, 2A6, 2A7, and the James B. Martin Survey,
Abstract No. 1134, being portions of Tracts 1 and 1C. Current zoning is "C-3" General
Commercial District, "CS" Community Service District, and "P.U.D." Planned Unit
Development District. Requested zoning is "NR-P.U.D." Non-Residential Planned Unit
Development District, "C-3" General Commercial District, "0-2" Office District, "HC" Hotel
District, and "CS" Commercial Service District. Owner: MTP/IBM Phase II & III Joint
Venture. Applicant: Maguire Thomas Partners. SPIN #2.
Karen Gandy, Zoning Administrator, stated three (3) notices were sent to property owners within
the 200' notification area and no written responses have been received.
Tom Allen, MTP/IBM, 9 Village Circle, Westlake. Mr. Allen asked for clarification regarding
the residential PUD, regarding comment #2 in the No.6 Concept Plan Review Summary, which
states, "the underlying zoning district as currently amended in Zoning Ordinance No. 480, dated
September 19, 1989 be used as the basis for the permitted uses in the P.U.D.", What he feels
correct, is "over time the City through its normal zoning process, could make some change in
some zoning categories that they have," if that is the case, they will comply with this.
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October 17, 1995
Page 7
Agenda Item #7-C, Continued
Councilmember Hall referenced the thirty-five (35) acres, asking, will this
property be retained as forest or could the homeowners sell it?
Mr. Allen stated the thirty-five (35) acres will not be retained by the homeowners. The property
could not be sold.
The public hearing resulted with no comments from the audience.
Motion was made to approve Ordinance No. 480-180, 2nd reading, subject to the Plan Review
Summary No. 6, dated October 13, 1995, with item #2 per the City Attorney's recommendation.
Motion: Richarme
Second: Hall
Mayor Fickes read the caption of Ordinance No. 480-180.
Ayes: Richarme, Hall, Evans, Maness, Muller, Fickes
Nays: None
Approved: 6-0 vote
Councilmember Richarme commented on the newspaper article about IBM and
their contribution to the CISD, of $2.5 million dollars over the past ten years.
Agenda Item #7-D, Ordinance No. 480-182, 2nd reading ZA 95-83.
Ordinance No. 480-182, 2nd reading (ZA 95-83), Rezoning and Concept Plan for Meadow
Ridge Estates, being 37.416 acres of land situated in the John A. Freeman Survey, Abstract No.
529, Tracts 1, 1A, 1C, 1D, and 3A. Current zoning is "AG" Agricultural, with a requested
zoning of "SF-20A" Single-Family Residential District. Owners: Mike and Ginger Jacobs,
Dwaine Petty, and E.R.O. Development Company. Applicant: Biscoe Clark Company. SPIN
#7.
Karen Gandy, Zoning Administrator, stated that twenty-one (21) notices were sent to property
owners within the 200' notification area and originally sixteen (16) responses have been received
within the 200' notification area (9 opposed, 6 in favor, and 1 undecided).
Currently, thirteen (13) in favor (7 of the 9 in opposition have rescinded their
opposition), two (2) opposed, and one (1) undecided. A super-majority vote will
not be required.
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October 17, 1995
Page 8
Agenda Item #7-D, Continued
Jim Briscoe, Briscoe Clark Company, 8300 Douglas, Dallas. Mr. Briscoe presented pictures
of brick type entry features. Mr. Briscoe stated he made changes at the request of
Councilmembers Wambsganss and Richarme at the last meeting.
Council adjourned for recess at 9:00 p.m.
Council returned to open session at 9:10 p.m.
Councilmember Maness noted during the first reading an overwhelming support
from the residents to the west of this addition.
Councilmember Richarme stated the developer has shown he is willing to work
with the City.
Councilmember Evans stated this plan is much better than what has been brought
forward for that property.
PUBLIC HEARING:
Pattie Minder, 223 Eastwood, Southlake. Ms. Minder stated she feels if the adjoining
neighborhood and the City Council are in agreement with this, will the developer sell the
property to someone else. They are willing to work with the developer but do not want the
ground rules changed.
Mayor Fickes noted the conditions surrounding this addition will be in the
developer agreement and that will go with the development.
Dona Schroetke, 211 Eastwood Drive, Southlake. Ms. Schroetke asked if the letter from the
developer to the property owners will be part of the record.
Motion was made to approve Ordinance No. 480-182, 2nd reading, subject to the Plan Review
Summary dated September 29, 1995, deleting items #1 and #2, per the plans submitted this
evening (10-17-95).
Motion: Hall
Second: Evans
Mayor Fickes read the caption of Ordinance No. 480-182.
Ayes: Hall, Evans, Maness, Richarme, Fickes
Nays: Muller
Approved: 5-1 vote
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Page 9
Agenda Item #8-A, Ordinance No. 480-185, 1st reading ZA 95-98
Ordinance No. 480-185, 1st reading (ZA 95-98), Rezoning for 9.857 acres of land situated in
the Thomas Beedy Survey., Abstract No. 72, Tract 2A2. Current zoning is "AG" Agricultural,
with a requested zoning of "SF-1A" Single Family Residential District. Owners/Applicants:
Carleo and Regina Capili. SPIN #11.
The Zoning Administrator, Karen Gandy, noted ten (10) notices were sent to property owners
within the 200' notification area and no written responses have been received. Ms. Gandy stated
a two-lot showing has been submitted for this property. Staff understands that the applicants
plan to construct a new home on the larger lot and will continue to lease the existing home on
the other lot.
Motion was made to approve Ordinance No. 480-185, 1st reading.
Motion: Muller
Second: Richarme
Mayor Fickes read the caption of Ordinance No. 480-185.
Ayes: Muller, Richarme, Maness, Hall, Evans, Fickes
Nays: None
Approved: 6-0 vote
Agenda Item #8-B, Ordinance No. 480-0, 1st reading Neighborhood Preservation
Ordinance
Ordinance No. 480-Q, was not discussed this evening. A joint work session between the City
Council and Planning and Zoning Commission will be scheduled in the near future.
Agenda Item #10-A, Variance to Sign Ordinance for Dr. Greg Wright
Bob Whitehead, Director of Public Works, informed Council that Dr. Greg Wright is in the
process of constructing a new office building at 200 East Southlake Blvd. His architect, Philip
Morley, has applied for a sign variance application to construct a monument sign in front of the
proposed office building. The variance requests that the sign be set back four feet from the front
of the property line. Section 16B, 5, requires a minimum setback of 15 feet. The application
states this proposed setback is necessary due to the topography of the land. The Department of
Transportation needed the additional right-of-way for the slope when F.M. 1709 was
reconstructed.
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Page 10
Agenda Item #10-A, Continued
Dr. Greg Wright was present to answer questions of Council.
Councilmember Muller stated she feels Dr. Wright has shown a hardship and the
request is valid.
Motion was made to approve the request for variance to the sign ordinance as presented.
Motion: Muller
Second: Richarme
Ayes: Muller, Richarme, Evans, Hall, Maness
Nays: None
Abstention: Fickes
Approved: 5-0-1 vote
Agenda Item #10-B, City participation in a drainage issue in the area of Ridgecrest and
Dove Road.
Bob Whitehead, Director of Public Works, led the discussion with regards to the request for
City participation in a drainage issue in the area of Ridgecrest and Dove Road. He stated, on
October 6, 1995, the affected property owners, their attorneys, Southlake City Attorney Allen
Taylor and himself met to discuss the drainage problem. To try to resolve the issue, a request
was made to seek the City Council's direction on the following proposal to install an
underground drain across Mr. Shelton's property. Each party will:
* Mr. Tom Miller will hire an engineer to design and estimate the cost of
the construction. Mr. Miller expects to have a cost estimate available at
the Council meeting. He had a contractor look at the site who gave him
a rough estimate of $8,000 exclusive of engineering fees.
* Southlake will consider providing surplus pipe and reducing Mr. Miller's
street perimeter fee, equal to, but not greater than the fee due the City for
the cost of constructing the underground drain.
* Mr. Shelton will grant an easement for the underground drain.
* Mr. Miller will construct the drain as soon as a contractor can do
the work.
{
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Page 11
Agenda item #10-B, Continued
City Council was asked to consider reducing Mr. Miller's Perimeter Street Fee of $12,026.51
to cover the costs of constructing the drain pipe and also donate surplus pipe if it is available
and meets the engineering design. Curtis Hawk, City Manager, stated if the City Council
authorizes participation in this, a developer agreement will be placed on the next agenda.
Mr. Tom Miller and Mr. John Shelton were present to address questions.
Allen Taylor, City Attorney, commented based upon the direction of Council tonight, they will
draft an amendment to the Developer Agreement and place it on the next agenda, because the
basic request is that Mr. Miller be given credit for perimeter roadway fees that would now be
obligated to pay under the existing developer agreement to a dollar amount equivalent to
whatever sum the Council sets. The total amount Mr. Miller would have to pay in perimeter
roadway fees is $12,000. The anticipated total cost of improvements is $8,000.
Councilmember Richarme stated it is Council's understanding that the City does
not have any legal liability or responsibility in this area.
Allen Taylor replied, based upon his review of the information provided by staff and the other
parties, it is clear that there is not a public easement or drainage right-of-way in this area. This
is essentially an area where the topography dictates water from higher land flows across lower
elevation toward a natural stream. Increased development in the area, coupled with the increase
in annual rainfall increased since 1990, has led to increased storm runoff that is damaging
property down the natural drainage way. In reviewing provisions of the Texas Water Code, it
does not appear that the City has responsibility in this area, but as the staff has noted in earlier
briefings, the dollar amount of fixing the problem is relatively limited, and the City is the entity
that could perhaps be the catalyst to provide a relatively simple solution that could free up Mr.
Miller's property from the current development blockage, eliminating the difficulty with Mr.
Shelton from using his property and protect the Burton's from access storm water over his
property.
Councilmember Richarme stated the bottom line is that even though we don't
have a legal or liability responsibility on this, the reason Council is here, is to try
and fix these problems, and the reason we collect public works infrastructure
fees.
Motion was made to credit Mr. Miller the perimeter street fees reflecting the actual costs for the
improvements for up to a maximum of up to 50% of the total perimeter street fees for this
project. The fees are in the amount of approximately $12,026. Thus giving a credit of up to a
maximum of between $6,000 and $7,000, reflecting on the actual costs of the project.
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Regular City Council Meeting Agenda
October 17, 1995
Page 12
Agenda Item #10-B, Continued
Motion: Richarme
Second: Maness
Bob Whitehead, Director of Public Works, commented that if their engineer is
able to design the project, there are some 48" surplus storm sewer pipes laying
around. If it is engineeringly feasible to use, it is available.
Ayes: Richarme, Maness, Muller, Hall, Evans, Fickes
Nays: None
Approved: 6-0 vote
Agenda Item #10-C, Land Purchase on North White Chapel Blvd.. for Municipal Uses.
Curtis Hawk, City Manager, stated the two lots under contract (17) were considered due to a
number of factors, but cost and ability to pay (terms) were significant among them. The
seventeen acres are flat and easy to work with in terms of layout. It has been suggested that we
place soccer fields on the land and place the maintenance facility back in the trees or next to the
Corps of Engineers property.
Councilmember Richarme stated the City Council has voted to purchase seventeen
(17) acres for Park use only. We need to master plan our West Beach Park. If
Council is going to ask the development community to build quality, the City
should also.
PUBLIC COMMENTS:
Colleen Moore, 4383 Soda Ridge, Southlake. Ms. Moore stated they looked a long time before
buying in that area. They do not want a City maintenance facility on that property.
Mayor Fickes stated there will be a maintenance facility in the park, but not on
Bob Jones Road or White Chapel Blvd.
John Richardson, 4537 Homestead, Southlake. Mr. Richardson asked why the city needed to
buy seventeen (17) acres for the park. The City is not in the land business.
Ilene Holcomb, Soda Ridge Road, Southlake. Ms. Holcomb thanked the City Council for
talking with her on the telephone. She wants to help keep her area rural. They are looking for
Council to keep it rural, noise free and light free. People will build next to a park but not next
to a maintenance barn.
366
Regular City Council Meeting Agenda
October 17, 1995
Page 13
Agenda Item #10-C, Continued
Jim Giffin, 3002 Briar Lane, Southlake. Mr. Giffin stated he is in favor of having the park
where it is. He is also in favor of having the park facilities maintenance on site but not a
maintenance barn. City Council should look elsewhere.
Rex Potter, 303 Waterford Court, Southlake. Mr. Potter stated he understands privacy, and
disclosure when property is being purchased by the City. He feels handling it this way is not
what SPIN is all about. He asked Council to please use SPIN. For the citizens to read this in
the paper is wrong. We need to find a way to use SPIN.
Bill Sawchuck, Homestead Drive, Southlake. Mr. Sawchuck stated a maintenance facility should
not be discussed in the same breath as a park site. They are totally unrelated. He is opposed
to having such a facility in that area.
Councilmember Evans stated what we have heard here tonight is what we always
hear--nobody wants it in their back yard.
Mr. Moren, 189 Sam Bass Ridge Road, Southlake. Mr. Moren asked, with the park and
increased traffic, will there be road improvements?
Agenda Item #10-D, Rolloff pricing by Laidlaw Waste Systems
The City Manager, Curtis Hawk, stated, currently Laidlaw charges $161.80 per load
for the 30-yard container. In early September Laidlaw requested to appear before City Council
to receiveauthorization to increase the existing rolloff rate structure. The City's contract with
Laidlaw expires April 30, 1997. Under the terms of the agreement, the contractor may request
in writing, an adjustment to the rates. As set out in Section 10.7 Modification of Rates in the
agreement, the contractor may approve or disapprove such request, having due regard for such
other factors as the City may deem relevant.
Doug Rivers, Laidlaw, was present for the meeting. A copy of the information provided by Mr.
Rivers is attached to the minutes of this meeting.
Councilmember Richarme commented on the discussion on franchise fees in the
work session. He realizes Council cannot open up the discussion on the franchise
fee tonight, but wants Laidlaw to consider readdressing the fee for commercial
roll-off. He calculated the fee at 2% and asked Mr. Rivers to discuss the rate
369
Regular City Council Meeting Agenda
October 17, 1995
Page 14
Agenda Item #10-D, Continued
increase in the 6% range.
Motion was made to approve the request for rolloff pricing, effective with the next billing cycle.
Motion: Richarme
Second: Maness
Ayes: Richarme, Maness, Muller, Hall, Evans, Fickes
Nays: None
Approved: 6-0 vote
Agenda Item #2-A, Executive Session, Continued
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, 551.076
of the Open Meetings Act, to seek the advice of the City Attorney with respect to pending and
contemplated litigations, and to discuss the purchase, exchange, lease or sale of real property
and to consider the appointment and evaluation of public officials, and regarding the deployment
of specific occasions for implementation of security personnel or devices.
Council adjourned for executive session at 10:35 p.m.
Council returned to open session at 11:13 p.m.
Agenda Item #2-B Action Necessary/Executive Session, continued
No action was necessary as the result of the executive session.
Agenda Item #12, Adjournment
Mayor Gary Fickes adjourned the meeting at 11:15 p.m.
Mayor ary Ickes
A ST:
764w4iJ
Sandra L. LeGrand
City Secretary
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