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1995-11-07 Regular CC Meeting City of Southlake, Texas REGULAR CITY COUNCIL MEETING: NOVEMBER 7, 1995 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. 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, and the Minutes of the Regular City Council Meeting held on October 17, 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 of contract with Cheatham and Associates for the Year 2 Sewer Program, and two alternate neighborhoods. B. Award of Contract for Engineering services for Road Bond Projects, with Dunaway and Associates. City of Southlake, Texas Regular City Council Meeting Agenda November 7, 1995 page two C. Resolution No. 95 -48, Abandonment of a twenty -foot width Sanitary Sewer easement and acceptance of a new Sanitary Sewer Easement for Timarron Addition, Golf Villas A & B. D. Resolution No. 95 -49, Southlake's vote on the Tarrant Appraisal District Board of Directors. E. Authorizing the Mayor to execute an Interlocal Agreement between the City of Southlake and City of Plano for Assistance in Building Plans Examination. F. Authorizing the Mayor to execute an Interlocal Agreement for Fire Protection Services with Denton County. G. Authorizing the Mayor to execute an Interlocal Agreement for Ambulance Service with Denton County. H. Authorizing the Mayor to execute a Mutual Aid Agreement with City of Grapevine for Fire Protection and Emergency Medical Services. I. Authorizing the Mayor to execute a Southlake Youth Basketball Association Facilities Utilization Agreement. J. Authorizing the Mayor to execute a Y.M.C.A. Basketball Association Facilities Utilization Agreement. REGULAR AGENDA 6. Public Forum. 7. Ordinances, second readings, public hearings and related items. A. Ordinance No. 480 -183, 2nd reading (ZA 95 -88), Rezoning for 3.38 acres situated in the William H. Martin Survey, Abstract No. 1068, Tracts 2A3 & 2A3A1. Location: West side of the private street, Marantha Way. Current zoning is "AG" Agricultural with a requested zoning of "SF -1B" Single Family Residential District. Owner /Applicant: Lawrence L. Post. SPIN Neighborhood #12. PUBLIC HEARING. B. Ordinance No. 480 -185, 2nd 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, with a requested zoning of "SF -1A" Single Family Residential District. Owners /Applicants: Carleo and Regina Capili. SPIN Neighborhood #11. PUBLIC HEARING. City of Southlake, Texas Regular City Council Meeting Agenda November 7, 1995 page three C. ZA 95 -99, Plat Showing for Lots 2 and 3 of the T. Beedy No. 72 Addition, being 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 Dove Road. Current zoning is "AG" Agricultural, with a requested zoning of "SF -1A" Single Family Residential District. Owners /Applicants: Carleo and Regina Capili. PUBLIC HEARING. D. PUBLIC HEARING on Land Use Assumptions for Southlake Impact Fees. E. Resolution No. 95 -45, adopting Land Use Assumptions for possible Impact Fees. 8. Ordinances, first reading and related items. A. ZA 95 -101, Site Plan for R.S.U. Building Addition, being Lot 1, Block 1, Woodland Hills R.S.U. Addition. Location: North side of West Southlake Blvd. (F.M. 1709) approximately 1300' west of White Chapel Blvd. Current zoning is "CS" Community Service District. Owner /Applicant: GTE Southwest Incorporated. SPIN Neighborhood #10. B. Ordinance No. 480 -186, 1st reading (ZA 95 -103), Rezoning for 0.112 acres of land in the S. Freeman Survey, Abstract No. 535, Tract 6C, and the G.W. Main Survey No. 1098, Tract 2C1. Location: Southeast corner of South Kimball Avenue and East Southlake Blvd. (F.M. 1709). Current zoning is "AG" Agricultural District, with a requested zoning of "C -3" General Commercial District. Owner: Royal Properties; Applicant: Hodges & Associates. SPIN Neighborhood #7. C. ZA 95 -104, Site Plan for The Southlake Center at Kimball, being 1.9801 acres of land situated in the S. Freeman Survey, Abstract No. 525, Tracts 6, 6B, and 6C; and the G.W. Main Survey No. 1098, Tracts 2B, 2C, and 2C1. Location: Southeast corner of South Kimball Avenue and East Southlake Blvd. (F.M. 1709). Current zoning is "C -3" General Commercial District and "AG" Agricultural District. Owner: Royal Properties; Applicant: Hodges & Associates. SPIN Neighborhood #7. D. ZA 95 -92, Development Plan for Solana, Phase I, being 54.99 acres in the R.D. Price Survey, Abstract No. 1207, being all of Tracts 3A2, 2A3A, 3C, and portions of Tracts 3A3, 3A3A1, 3A4A, and 3A4B and the James B. Martin Survey, Abstract No. 1134, being a portion of Tract 1. Location: Northeast of Northwest Parkway (S.H. 114), east of East T.W. King Road, north of West Dove Road, and west of North White Chapel Blvd. Current zoning is "C -3, CS, and P.U.D." Districts. Requested zoning is "R- P.U.D." Residential Planned Unit City of Southlake, Texas Regular City Council Meeting Agenda November 7, 1995 page four Development. Owner: MTP -IBM Phase II & III Joint Venture; Applicant: Maguire Thomas Partners. SPIN Neighborhood #2. E. ZA 95 -93, Preliminary Plat for Solana, Phase I, being 54.99 acres situated in the R.D. Price Survey, Abstract No. 1207, being all of Tracts 3A2, 3A3A, 3C, and portions of Tracts 3A3, 3A3A1, 3A4A, and 3A4B and the James B. Martin Survey, Abstract No. 1134, being a portion of Tract 1. Location: Northeast of Northwest Parkway (S.H. No. 114) east of East T.W. King Road, north of West Dove Street, and west of North White Chapel Blvd. Current zoning is "C- 3, CS, P.U.D." Districts; Requested zoning is "R- P.U.D." Residential Planned Unit Development (Currently under consideration). Owner: MTP -IBM Phase II & III Joint Venture; Applicant: Maguire Thomas Partners. SPIN Neighborhood #2. F. Ordinance No. 480 -187, 1st reading (ZA 95 -77), Rezoning and Site Plan for Stacy Furniture Warehouse, being 5.66 acres legally described as Block B. Lot 2, Commerce Business Park. Location: 280 Commerce Street. approximately 180' south of East Southlake Blvd. (F.M. 1709). Current zoning is "I -1" Light Industrial District, with a requested zoning of "S -P -1" Detailed Site Plan District to allow "I -1" Light Industrial uses as set forth in Ordinance No. 480, Section 26 and the retail sale of furniture. Owner /Applicant: James R. Stacy dba Stacy Furniture Warehouse. SPIN Neighborhood #7. G. Ordinance No. 483 -D, 1st reading, amending the Subdivision Ordinance No. 483, addressing clean up items. H. Ordinance No. 483 -E, 1st reading, amending the Subdivision Ordinance No. 483, regarding private streets. I. Ordinance No. 652, 1st reading, Abandonment of an easement on the MTP -IBM Property. 9. Resolutions: A. Resolution No. 95 -42, appointment to Park and Recreation Board, filling an unexpired term. City of Southlake, Texas Regular City Council Meeting Agenda November 7, 1995 page five 10. Other items for consideration: A. Amended Developer Agreement for Oakwood Pond. B. Request for bids for alignment to two intersections: White Chapel Blvd. at Dove Road and Carroll Avenue at Dove Road. C. Contract for Engineering Services for the Booster Pump site and Ground Storage site on the North side of town. D. Revised Investment Policy. 11. Other items for discussion. A. Lease Purchase for Radar Smart Trailer. 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, November 3, 1995 at 5:00 p.m., pursuant to the Texas Government Code, Chapter 551. oaoF, ►S O U t Sandra L. LeGrand LiA. • i City Secretary If you plan to attend this public hea - , .ve 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. c: \ WPFILES \CC- 11- 7- .agn \sl 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. Legend Custom Homes. 1993 2. VW Investments, Inc. and Frost Fuels Corporation, dba Southlake Fuels vs. City of Southlake, Texas, Curtis E. Hawk, Karen P. Gandy, and the Southlake Board of Adjustments. 1994 3. Aledo Construction. 1994 4. Walters Claim. 1995 5. Gary H. Hargett and Sherry D. Hargett vs. Ralph V. Williams, Warren Hagan, and the City of Southlake. 1995 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 open 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 open session. 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 open session by the City Council. If personnel issues or litigation issues arise, or a need to seek advice from the City Attorney as to the posted subject matter of this City Council meeting, an executive session will be held. D.IWPFILE$IEXECCnV. sep/tmber 25, 1995 375 CITY OF SOUTHLAKE, TEXAS 667 NORTH CARROLL AVENUE REGULAR CITY COUNCIL MEETING NOVEMBER 7, 1995 MINUTES COUNCILMEMBERS PRESENT: Mayor Gary Fickes; Mayor Pro Tern Andy Wambsganss; Deputy Mayor Pro Tern Pamela Muller. Members: Sally Hall, W. Ralph Evans, and Michael Richarme. COUNCILMEMBER ABSENT: Ron Maness CITY STAFF PRESENT: Curtis E. Hawk, City Manager; Assistant City Manager, Shana Yelverton; Assistant to the City Manager, Kevin Hugman; Director of Finance, LouAnn Heath; Director of Public Works, Bob Whitehead; City Engineer, Ron Harper; Director of Community Development, Greg Last; Zoning Administrator, Karen Gandy; Planner, Tom Elgin; Director of Public Safety, Billy Campbell; City Attorney, Wayne K. Olson; and, City Secretary, Sandra L. LeGrand. INVOCATION: Councilmember W. Ralph Evans. WORK SESSION: The work session was held where agenda items for tonight's meeting were discussed by Council and staff. 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 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 devises. Council adjourned for executive session at 7:01 p.m. Council returned to open session at 7:35 p.m. Agenda Item #2-B, Action Necessary/Executive Session Motion was made to authorize City staff to move forward with the acquisition of certain properties along Dove Road for alignment at the Dove and Carroll and Dove and White Chapel intersections. 376 Regular City Council Meeting Minutes November 7, 1995 page two Agenda Item #2-B, Continued Motion: Richarme Second: Evans Ayes: Richarme, Evans, Hall, Muller, Wambsganss, Fickes Nays: None Approved: 6-0 vote Agenda Item #3, Approval of Minutes of City Council meetings. Motion was made to approve the Minutes of the October 3, 1995 City Council meeting, continued on October 10, 1995, and the Minutes of the Regular City Council meeting held on October 17, 1995. Motion: Richarme Second: Evans Ayes: Richarme, Evans, Hall, Wambsganss, Fickes Nays: None Abstention: Muller Approved: 5-0-1 vote Agenda Item #4-A, Mayor's Report . Mayor Fickes announced that Southlake-Carroll Independent School District has gone on line with Harron Cable Channel 25, for a public access channel. SPIN information will also be noted on the public access channel. Councilmember Richarme commented in regard to the Interlocal Agreements on the consent agenda between the City and Denton County and also City of Grapevine. These agreements allow the City to provide fire protection and ambulance service to the part of Denton County that they cannot service as it is outside their area. Also with City of Grapevine, wherein if they are all tied-up we can help them and they can help us if we are tied-up. Richarme has asked the Director of Public Safety for information regarding whether or not we are recovering our costs, so that we are not asking our tax payers to subsidize people in other communities. Regarding the City of Grapevine, he was informed by the Director of Public Safety that we are making as many trips to Grapevine as they are to Southlake. Agenda Item #4-B, City Manager's Report No report made during this time. 377 Regular City Council Meeting Minutes November 7, 1995 page three Agenda Item #4-C, SPIN Report Laura Miklosko, SPIN#9, 710 Middleton, Timarron, Southlake. Ms. Miklosko thanked Council for allowing her to express some of the issues and concerns of the residents in SPIN #9. She referenced a joint meeting between SPIN#10, #13, #14, where community development issues in the City were discussed. Greg Last, Director of Community, was present and made the presentation. It was reported that in Timarron the condition of the roads are of great concern. They are very proud that they have a portion of the "trail" in their addition. Also of concern is the pavement failures in some of the roads. They also expressed concern for future development of the property on the southeast corner of Continental Blvd. and White Chapel Blvd. that is currently zoned commercial. There is concern about how the commercial zoning use will fit into the residential zoning use. Other concerns include the status of Southlake Fuels and concern over the possibility of them resuming operation along Brumlow Avenue and that this is not an appropriate use in this area. Agenda Item #5, Consent Agenda The consent agenda consisted of the following items: 5-A. Award of contract with Cheatham and Associates for the Year 2 Sewer Program and two alternate neighborhoods. 5-B. Award of contract for engineering services for road bond projects, with Dunaway and Associates. 5-C. Resolution No. 95-48, abandonment of a twenty-foot width sanitary sewer easement and acceptance of a new sanitary sewer easement for Timarron Addition, Golf Villas A & B. 5-D. Resolution No. 95-49, Southlake's vote on the Tarrant Appraisal District Board of Directors. 5-E. Authorizing the Mayor to execute an Interlocal Agreement between the City of Southlake and City of Plano for Assistance in Building Plans Examination. 5-F. Authorizing the Mayor to execute an Interlocal Agreement for Fire Protection Services with Denton County. 5-G. Authorizing the Mayor to execute an Interlocal Agreement for Ambulance Service with Denton County. 378 Regular City Council Meeting Minutes November 7, 1995 page four Agenda Item #5, Continued 5-H. Authorizing the Mayor to execute a Mutual Aid Agreement with the City of Grapevine for Fire Protection and Emergency Medical Services. 5-I. Authorizing the Mayor to execute a Southlake Youth Basketball Association Facilities Utilization Agreement. 5-J. Authorizing the Mayor to execute a Y.M.C.A. Basketball Association Facilities Utilization Agreement. 10-C. Contract for engineering services for the booster pump site and ground storage site on the north side of town. 10-D. Revised Investment Policy. Motion was made to approve the consent agenda item, #5-A, #5-B, #5-C, #5-D, #5-E, #5-F, #5-G, #5-H, #5-I, #5-J, #10-C, and #10-D as presented. Motion: Hall Second: Muller Ayes: Hall, Muller, Wambsganss, Evans, Richarme, Fickes Nays: None Approved: 6-0 vote Councilmember Wambsganss did not vote for #5-J. ADDITIONAL INFORMATION ON CONSENT AGENDA ITEMS 5-A. Award of contract with Cheatham and Associates for the Year 2 Sewer Program and two alternate neighborhoods. The proposal from Cheatham is to prepare construction plans and documents for the design of sanitary sewer to serve four (4) existing subdivisions, including: Diamond Circle Estates, Mission Hill Estates, Huntwick Estates, and Shady Lane, Raintree and Rainforest vicinities. The two additional subdivisions include Hillside Estates and Hunter's Ridge Addition. The proposed fee for the subdivisions in the Year 2 Program is $233,300 and $20,625 for the additional subdivisions for a total fee of $253,925.00. This fee includes surveying, engineering design, preparation of construction plans and specifications, cost estimates, contract administration, construction staking, visits to the construction site, as-built plans, and easement preparation. It does not include soils tests, outside lab services, and assistance in acquiring easements. 5-B. Award of Contract for Engineering Services for Dunaway Associates. The proposal for Dunaway Associates is to perform engineering services in conjunction with the 1995-96 roadway improvement projects. The projects to be included under this contract include West Highland (White Chapel to Shady Oaks), White Chapel (114 to Dove), West Dove 379 Regular City Council Meeting Minutes November 7, 1995 page five Agenda Item #5. Continued Road (114 to Westlake City Limit) and intersection improvements at Kimball and Highland and Kimball and Dove. The proposed cost for these services is $62,635 and includes all survey work, design, and construction administration assistance. 5-C. Resolution No. 95-48, abandonment of a twenty-foot sanitary easement, and acceptance of a new sanitary sewer easement on the Timarron-Golf Villas A & B. The S-6 sanitary sewer was built in an easement granted by Timarron. With the platting and construction of the Timarron Golf Villas, the sewer was reconstructed in a new alignment. Steve Yetts has requested that the City abandon the portion of the sanitary sewer easement in the Golf Villas Addition and accept a new easement over the realigned S-6 sewer. 5-D. Voting for Director of Tarrant Appraisal District. Nominations have been received from the voting entities for candidates to fill these positions for a two year term beginning January 1, 1996. Southlake has 19 votes which were placed for Mac Wilburn. 5-E. Interlocal Agreement between the City of Southlake and City of Plano for Assistance in Building Plans Examination. The agreement includes: Plano will provide the plan review service at $25 per hour; Plano will apply the 1994 edition of the Uniform Building Code, with Appendix, and any amendment to said Code by Southlake. The building plans examination will include review of building materials, exit requirements and occupancy issues. It will not include structural review, any engineering calculation or framing requirements, zoning or on-site inspections. Southlake will pay for services within thirty days from receipt of invoice. The agreement shall be valid beginning August 1, 1995 through September 30, 1996. The agreement may be renewed each year by both parties commencing on October 1. 5-F. Interlocal Agreement for Fire Protection Service with Denton County. This is the annual Interlocal Cooperation Agreement for fire protection service within a specific district in Denton County. The district is the portion of Denton County that is the northwestern area of T.W. King and Corps of Engineers property to the east of T.W. King that is not in the city limits of Southlake. The contract provides that the County agree to pay the City for the full performance of this agreement, the sum of$5,000 upon execution of this agreement and $100 per fire call in the designated unincorporated areas of Denton County. Effective date is October 1, 1995 through September 30, 1996. 5-G. Interlocal Agreement for Ambulance service with Denton County for ambulance service within a specific district in Denton County. The district is a portion of Denton County that is the northwestern area of T.W. King and Corps of Engineers property to the east of T.W. King that is not in the city limits of Southlake. Denton County will pay a start up fee of$1432 and that there may be other collectible fees when service runs are made. 380 Regular City Council Meeting Minutes November 7, 1995 page six Agenda Item #5, Continued The Contract also provides that the City and County agree to accept responsibility for their own acts, negligence or omissions of the officers, employees and agents, and that neither the City or County waive any immunities or defense that would otherwise be available to each against claims arising from the exercise of government powers and functions. Effective date is October 1, 1995 through September 30, 1996. 5-H. Agreement for Automatic Fire Protection and Emergency Medical Services between the City of Southlake and City of Grapevine. This is an annual contract that provides for each city to respond when requested for fire and ambulance service to the respective city. Southlake requests that this workable agreement be continued. 5-I. Southlake Youth Basketball Association and the City of Southlake for the SYBA Facility Utilization Agreement. In accordance with the city's Park Use Policy, an organization wanting to use city or joint-use facilities must enter into a facility utilization agreement with the city. The SYBA has agreed to purchase a one million dollar insurance policy. 5-J. YMCA and City of Southlake Facility Utilization Agreement was approved in accordance with the city's Park Use Policy. An organization wanting to use city or joint-use facilities must enter into a facility utilization agreement with the City. This is for the YMCA to run a basketball league at Johnson Elementary gym for grades K-2. 10-C. Contract for engineering services for the booster pump station and ground storage tank on the north side of town. Cheatham and Associates is currently under contract to design a booster pump station and ground storage tank in the vicinity of F.M. 1709 and Pearson Lane. This ground storage tank would provide Southlake with additional quality of water from the Southlake-Keller transmission main from Fort Worth's North Beach Street tank. The proposal from Cheatham and Associates is to prepare construction plans and documents for a pump station and ground storage tank to be located in the vicinity of T.W. King Road and S.H. 114. The fee for this design is $125,595. The fee includes surveying, engineering design, and any necessary easement preparation. It does not include soils testing, outside lab services, easement acquisition, or any revisions to stated proposal. This proposal includes a 10% discount on the fee ($139,550- $13,955=$125,595.) because Cheatham and Associates is currently designing a booster pump station located at Pearson Road and F.M. 1709. 10-D. Revised Investment Policy. House Bill No. 2459 was approved during the most recent Legislative Session, amending the Public Funds Investment Act. The bill requires changes in the City's existing Investment Policy, initially approved by Council in September 1993. The policy changes will not affect what the City is currently doing with its investment portfolio. The City presently maintains approximately 25% of its $15 381 Regular City Council Meeting Minutes November 7, 1995 page seven Agenda Item #5, Continued million portfolio in TexPool, 20% in certificates of deposit, and the balance in U.S. Government Securities. The City's primary investment objectives remain the same as before: 1) the protection of principal; 2) liquidity; and 3) yield. Agenda Item #6, Public Forum Mr. Dan Tatum, an attorney with Jackson & Walker, was present representing a group of property owners in the Southlake-Keller area, who are opposed to the proposed expansion of the Pearson Lane Pump Station and above ground Water Storage Facility. The H2NO Group, made up of property owners in the Pearson's Crossing subdivision and the surrounding area, protested against the expansion of the Pearson Lane above ground water storage facility and pump station in the City of Keller. The proposed expansion is by the City of Southlake. A copy of the information provided by Mr. Tatum is hereby attached to the minutes of this meeting. Cullen Colame, 419 North Pearson Lane, Southlake. Mr. Colame referenced coming to City Council meeting about 90 days ago regarding the Pearson area water tower location. He stated he thought the City Council knew it was not wanted. He said he has an additional one hundred thirteen (113) signatures for the petition. According to Colame, Mr. Whitehead and Mr. Cheatham both apologized for not having public hearings on this matter. Colame stated they will fight to keep the tower out. Mayor Fickes suggested a special work session be held in the near future whereby property owners in this area can meet with Council to discuss this matter. City Council has a full agenda tonight and cannot discuss this issue at this time. Agenda Item #7-A, Ordinance No. 480-183, 2nd reading ZA 95-88 Ordinance No. 480-183, 2nd reading (ZA 95-88), Rezoning for 3.38 acres of land situated in the William H. Martin Survey, Abstract No. 1068, Tracts 2A3 & 2A3A1. Current zoning is "AG" Agricultural, with a requested zoning of "SF-1B" Single Family Residential District. Owner/Applicant: Lawrence L. Post. SPIN Neighborhood #12. Public Hearing. According to the Zoning Administrator, Karen Gandy, five (5) notices were sent to property owners within the 200' notification area and no written responses have been received. Ms. Gandy commented that no plat has been submitted for this property; therefore, staff does not know if the property will be subdivided prior to development. Mr. Lawrence Post, owner, was present for the meeting. 332 Regular City Council Meeting Minutes November 7, 1995 page eight Agenda Item #7-A, Continued Councilmember Richarme stated he wants the property owner to realize that Marantha Way is a private street. Mayor Pro Tem Wambsganss stated this is a precedent that the City Council does not want to set. The public hearing resulted with no comments from the audience. Motion was made to approve Ordinance No. 480-183, 2nd reading. Motion: Richarme Second: Evans Mayor Fickes read the caption of the ordinance. Ayes: Richarme, Evans, Hall, Muller, Wambsganss, Fickes Nays: None Approved: 6-0 vote Agenda Item #7-B, Ordinance No. 480-185, 2nd reading ZA 95-98 Ordinance No. 480-185, 2nd 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 Neighborhood #11. Public Hearing. The Zoning Administrator, Karen Gandy, informed Council that ten (10) notices were sent to property owners within the 200' notification area and no written responses have been received. A two-lot plat 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. Councilmember Hall had questions regarding further subdivision of the property and the road frontage as it related to further subdivision of the property. The public hearing resulted with no comments from the audience. Motion was made to approve Ordinance No. 480-185, 2nd reading. Motion: Wambsganss Second: Richarme Mayor Fickes read the caption of the ordinance Ayes: Wambsganss, Richarme, Hall, Evans, Muller, Fickes Nays: None Approved: 6-0 vote __ 383 Regular City Council Meeting Minutes f November 7, 1995 page nine Agenda Item #7-C, Plat Showing for Lots 2 and 3, T. Beedy No. 72 Addition (ZA 95-99) Plat Showing for Lots 2 and 3, of the T. Beedy No. 72 Addition, being 9.857 acres of land 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/Applicant: Carleo and regina Capili. Public Hearing. The applicant has met all the review comments of Plat Review Summary No. 2 dated October 13, 1995, with the exception of the items addressed in the Plat Review Summary No. 3 dated November 3, 1995. Councilmember Richarme asked if the plat meets the subdivision ordinance. Greg Last, Director of Community Development, answered "yes". The owner is not asking for a variance. Mr. Last also noted that staff is not comfortable with the level of the survey. Motion was made to approve ZA 95-99, subject to the third Plat Review Summary dated November 3, 1995, deleting item #3. Motion: Richarme Second: Muller Ayes: Richarme, Muller, Hall, Evans, Wambsganss, Fickes Nays: None Approved: 6-0 vote Agenda Item#7-D,PUBLIC HEARING: Land Use Assumptions for Southlake Impact Fees. Tom Elgin, Planner, led the discussion regarding the land use assumptions for Southlake impact fees, stating, in March 1995, the City Council began the process to update the City's water and wastewater impact fees and to initiate roadway impact fees. The Council approved contracts for consultants and appointed a Capital Improvements Advisory Committee. Mr. Elgin stated the first product of the impact fee adoption process is the Land Use Assumptions for Impact Fees, which was developed by J.T. Dunkin & Associates, the planning consultant with input from the committee. The procedure for adoption of impact fees is established in Chapter 395 of the Texas Local Government Code. The procedure may be summarized as follows: 1) preparation and adoption of the land use assumptions; 2) preparation and adoption of the capital improvements plan; 3) calculation of the maximum impact fees; and 4) adoption of impact fees by ordinance. The adoption procedures within Chapter 395 are very specific. In accordance with the statue, the land use assumptions have been available for public inspection, and notices on this public hearing have been published. The purpose of the public hearing is to gather public comments on the Land Use Assumptions for Impact Fees. 384 Regular City Council Meeting Minutes November 7, 1995 page ten Agenda Item #7-D, Continued The public hearing on the Land Use Assumptions resulted with no public comments. Agenda Item #7-E, Resolution No. 95-45, Adopting Land Use Assumptions for Possible Impact Fees. Tom Elgin, Planner, presented Resolution No. 95-45, stating Chapter 395 of the Texas Local Government Code states that the City Council shall "... adopt or reject an ordinance, order, or resolution approving the land use assumptions" within thirty 30 days of the public hearing on the land use assumptions. The resolution approves the land use assumptions to be used to develop capital improvements plan pursuant to which water, wastewater, and roadway impact fees may be imposed. Motion was made to approve Resolution No. 95-45. Motion: Wambsganss Second: Muller Ayes: Wambsganss, Muller, Hall, Evans, Richarme, Fickes Nays: None Approved: 6-0 vote Agenda Item #8-A, ZA 95-101, Site Plat for R.S.U. Building Addition. ZA 95-101, Site Plan for R.S.U. Building Addition, being Lot 1, Block 1, Woodland Hills R.S.U. Addition. Current zoning is "CS" Community Service District. Owner/Applicant: GTE Southwest Incorporated. SPIN Neighborhood #10. The Zoning Administrator, Karen Gandy, stated five (5) notices were sent to property owners within the 200' notification area and no written responses have been received. Currently, the existing facility is an unmanned remote switching unit (RSU), and staff understands that this status will continue. The proposed expansion is to house additional equipment. Gene Sellars, Darrow, McSpedden, Sellars, Inc. was present representing G.T.E. Southwest Inc. Land and Building Division. Mr. Sellars stated DMS has studied the City's first Site Plan Review Summary and has incorporated comments onto the plan. A copy of the letter from DMS dated October 18, 1995, is hereby incorporated into the minutes of the meeting. Motion was made to approve ZA 95-101, subject to the second Plan Review Summary dated November 3, 1995, omitting item #1 where it reflects the south bufferyard width of 20', amending to 15' in light of the existing concrete; deleting item #4; amending item #7 wherein it will reflect that in addition to what is written, that a written delineation, informing of the type and height of the screening will be provided; and deleting item #8. 385 Regular City Council Meeting Minutes November 7, 1995 page eleven Agenda Item #8-A, Continued Motion: Wambsganss Second: Richarme Ayes: Wambsganss, Richarme, Hall, Evans, Muller, Fickes Nays: None Approved: 6-0 vote Mayor Fickes stepped down for items #8-B and #8-C Mayor Pro Tem Wambsganss chaired the meeting. Agenda Item #8-B, Ordinance No. 480-186, 1st reading ZA 95-103 Ordinance No. 480-186, 1st reading ZA 95-103, Rezoning for 0.112 acres of land in the S. Freeman Survey, Abstract No. 535, Tract 6C, and the G.W. Main Survey, No. 1098, Tract 2C1. Current zoning is "AG" Agricultural District, with a requested zoning of "C-3" General Commercial District. Owner: Royal Properties; Applicant: Hodges & Associates. SPIN Neighborhood #7. The Zoning Administrator, Karen Gandy, reported that six (6) notices were sent to property owners within the 200' notification area and one (1) written response was received within the 200' notification area from Randy Perry, 11300 North Central Expressway, Dallas, in favor. Mr. Perry commented that it conforms to contiguous zoning and should be used as commercial property as allowed by "C-3" designation. Ms. Gandy noted this land is a portion of the "old" South Kimball right-of-way prior to the new alignment. It has never been rezoned. Motion was made to approve Ordinance No. 480-186, 1st reading. Motion: Richarme Second: Evans Mayor Pro Tern Wambsganss read the caption of the ordinance. Ayes: Richarme, Evans, Hall, Muller, Wambsganss Nays: None Approved: 5-0 vote Agenda Item #8-C, ZA 95-104, Site Plan for The Southlake Center at Kimball Ave. ZA 95-104, Site Plan for The Southlake Center at Kimball, being 1.9801 acres of land situated in the S. Freeman Survey, Abstract No. 525, Tracts 6, 6B, and 6C; and the G.W. Main Survey No. 1098, Tracts 2B, 2C, and 2C1. Current zoning is "C-3" General Commercial District and "AG" Agricultural District. Owner: Royal Properties; Applicant: Hodges & Associates. �' SPIN Neighborhood #7. 386 Regular City Council Meeting Minutes November 7, 1995 page twelve Agenda Item #8-C, Continued Karen Gandy, Zoning Administrator, reported that nine (9) notices were sent to property owners within the 200' notification area and one (1) written response has been received from Randy Perry, 11300 North Central Expressway, Dallas, in favor. Perry stated,"it represents acceptable Land Use under the current zoning and current guidelines of the City of Southlake." Gary DeVleer, Hodges & Associates, 13642 Omega, Dallas. Mr. DeVleer made a presentation on behalf of the owner, Royal Properties, who proposes to build a Burger King Restaurant on the site. Mr. DeVleer stated they are basically in agreement with the review letter however, have four items to discuss with Council: 1) they are prepared to landscape to the City requirements, however, they would like to have a canopy continuous over the windows; 2) articulation on the east and west side of the retail building; 3) Item 5-B, traffic. They are proposing a 35' throat depth as measured from the property line on the driveway off Kimball. The requirement of the ordinance is 50'. They anticipate that there will be very little in and out traffic on the driveway. The requirement of 50' is based on providing adequate stacking into the property. Ninety percent of the traffic exiting this driveway is making a right turn out of the property. They do not anticipate more than one or two cars stacking up at the peak hour at this driveway. If they have to increase to 50' it may cause an internal problem and not solve any problems: 4) Regarding the driveway on Southlake Blvd., they have requested a right turn in, right turn out and a left turn in. 5) Regarding the driveway on Southlake Blvd., DeVleer stated they have requested a right turn in, right turn out with a left turn in, and no left out. The Planning and Zoning Commission approved a right in, right out only. Since that time, Hodges and Associates have had a traffic study done. Tony Trammel, Traffic Consultant. Mr. Trammel stated one thing to remember is every site is different; what works for one site may not work for another. Councilmember Muller commented on safety on F.M. 1709, noting, after reading our ordinance, they are asking for a variance to our ordinance. Gary DeVleer discussed parking requirements, adding, they cannot anticipate growth on this property. He noted the ordinance was passed after the property was acquired. Councilmember Richarme commented when Kimball is widened, it will be widened toward the church. The lanes to expand Kimball will widen to the west, according to Ron Harper, City Engineer. Mayor Pro Tern Wambaganss commented on articulation issues with buffering on the east side of the Burger King. Councilmember Muller stated they are asking for a variance to the driveway ordinance and approval of this would set a precedent for other requests. 387 Regular City Council Meeting Minutes November 7, 1995 page thirteen Agenda Item #8-C, Continued Motion was made to deny ZA 95-104. Motion: Muller Second: Hall Ayes: Muller, Hall, Evans, Richarme, Wambsganss Nays: None Denied: 5-0 vote Council adjourned for recess at 9:30 p.m. Council returned to open session at 9:45 p.m. Mayor Fickes returned to the Council table. Agenda Item #8-D, ZA 95-92, Development Plan for Solana, Phase I ZA 95-92, Development Plan for Solana, Phase I, being 54.99 acres in the R.D. Price Survey, Abstract No. 1207, being all of Tracts 3A2, 2A3A, 3C, and portions of Tracts 3A3, 3A3A1, 3A4A, and 3A4B and the James B. Martin Survey, Abstract No. 1134, being a portion of Tract I. Current zoning is "C-3, CS, and P.U.D." Districts. 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. Ten (10) notices were sent to property owners within the 200' notification area, according to Karen Gandy, Zoning Administrator. Two (2) written responses were received from within the 200' notification area, from: Barbara Harris, 824 S. Perkins Street, Southlake, in favor; and J.W. Riemenschneider, P.O. Box 254, China Springs, Texas, in favor. On October 19, 1995, the Planning and Zoning Commission approved this item with a 5-1-1 vote in favor, subject to the Plan Review Summary No. 1 dated October 13, 1995, deleting item #4 regarding pedestrian access easement for the trail along North White Chapel Blvd. Richard Kuhlman, Vice President, MTP/IBM, was present and explained the Development Plan for Phase I, stating the 54.99 acres has 70 lots. He described the fence along White Chapel as being brick columns on fifty foot centers, bounded with a decorative metal fence on metal. Screening shrubs will be placed between the fence area and the street. Motion was made to approve ZA 95-92 subject to the Plan Review Summary No. 2 dated November 3, 1995. Motion: Muller Second: Wambsganss Ayes: Muller, Wambsganss, Evans, Hall, Richarme, Fickes Nays: None 388 Regular City Council Meeting Minutes November 7, 1995 page fourteen Agenda Item #8-D, Continued Approved: 6-0 vote Agenda Item #8-E, ZA 95-93, Preliminary Plat for Solana, Phase I ZA 95-93, Preliminary Plat for Solana, Phase I, being 54.99 acres situated in the R.D. Price Survey, Abstract No. 1207, being all of Tracts 3A2, 3A3A, 3C, and portions of Tracts 3A3, 3A3A1, 3A4A, and 3A4B and the James B. Martin Survey, Abstract No. 1134, being a portion of Tract 1. Current zoning is "C-3, CS, P.U.D." Districts; requested zoning is "R-P.U.D". Owner: MTP-IBM Phase II & III Joint Venture; Applicant: Maguire Thomas Partners. SPIN Neighborhood #2. Karen Gandy, Zoning Administrator, reported that ten (10) notices were sent to property owners within the 200' notification area and two written responses have been received, from: Barbara Harris, 824 S. Perkins Street, Southlake, in favor; and, J.W. Riemenschneider, P.O. Box 254, China Springs, Texas, in favor. Richard Kuhlman, MPT/IBM, addressed four items in the Summary Review Letter. Councilmember Richarme asked at what phase will they build the bridge across the creek. Kuhlman replied in Phase III (1997). Mayor Fickes commented that they need to inform the new homeowners going in that commercial will be built on the other side of Kirkwood Blvd. Motion was made to approve ZA 95-93, Preliminary Plat for Solana, Phase I, subject to the second Plat Review Summary dated November 3, 1995, deleting item #3. Motion: Wambsganss Second: Muller Ayes: Wambsganss, Muller, Hall, Evans, Richarme, Fickes Nays: None Approved: 6-0 vote Agenda Item #8-F, Ordinance No. 480-187, 1st reading ZA 95-77 Ordinance No. 480-187, 1st reading (ZA 95-77), Rezoning and Site Plan for Stacy Furniture Warehouse, being 5.66 acres legally described as Block B, Lot 2, Commerce Business Park. Current zoning is "I-1" Light Industrial uses as set forth in Ordinance No. 480, Section 26, and the retail sale of furniture. Owner/Applicant: James R. Stacy dba Stacy Furniture Warehouse. SPIN Neighborhood #7. 389 Regular City Council Meeting Minutes November 7, 1995 page fifteen Agenda Item #8-F, Continued The Zoning Administrator, Karen Gandy, informed the Council that four (4) notices were sent to property owners within the 200' notification area and one (1) written response has been received from Steve Pritchett, 2821 E. Southlake Blvd., in favor. The applicant has met all the review comments of the Plan Review Summary No. 4 dated October 13, 1995, with the exception of the items addressed in the Plat Review Summary No. 5 dated November 3, 1995. Mrs. Gandy noted a list of deviations from the zoning ordinance for the proposed retail/warehouse use: * The 177 parking spaces shown appears to be approximately 54% of the required 329 parking spaces based on staff's understanding of the space utilization. * Due to an existing paved driveway on the west, the required bufferyard along this side may need to be waived. This area is also platted as a public utility, drainage, and access easement. * It appears that the interior landscape area shown will be less than the approximate 11,756 s.f. area required by the landscape ordinance. * The dumpster location and screening do not meet ordinance requirements of side or rear locations with screening on all four (4) sides. * Based on the "footprint" shown, it appears that the lot coverage is 50%; meeting the maximum allowed. * The driveway entrance throat lengths do not meet the Driveway Ordinance No. 634, which would require 100' depending on the number of required parking spaces. Although this property has access on F.M. 1709, the plans were submitted to the City on July 21, 1995, prior to the adoption of the Corridor Study on August 1, 1995. Buddy Clapp, contractor with Stacy Furniture Warehouse, was present to discuss issues regarding parking with the City Council. 390 Regular City Council Meeting Minutes November 7, 1995 page sixteen Agenda Item #8-F, Continued Motion was made to approve Ordinance No. 480-187, ZA 95-77, subject to the Plan Review Summary No. 5, dated November 3, 1995; deleting item #2-A; modifying item #2-B, to remove the existing comment and to replace the existing 6' chain length fence with a 6' stockade fence; to add item #5, which should state that the site plan does not provide the required spaces, then to delete that item; and to allow the dumpster as provided; deleting items #3 and items #4. Motion: Richarme Second: Wambsganss Mayor Gary Fickes read the caption of the ordinance. Ayes: Richarme, Wambsganss, Muller, Hall, Evans, Fickes Nays: None Approved: 6-0 vote Agenda Item #8-I, Ordinance No. 652, 1st reading, Abandonment of an Easement Bob Whitehead, Director of Public Works, led the discussion regarding Ordinance No. 652, abandonment of an easement on the MTP/IBM Property. Whitehead noted that the City has determined that this ingress and egress road easement is not being used by, nor useful or convenient to the public in general. Because MTP/IBM is replatting this land, it would be more beneficial for the City to abandon a easement and Quitclaim Deed the property over to the surrounding property owner. This is an ingress and egress road easement and the City Attorney advised staff to abandon this easement by ordinance. Motion was made to approve the 1st reading of Ordinance No. 652, abandonment of ingress and egress road easement for MTP/IBM property. Motion: Richarme Second: Muller Mayor Fickes read the caption of Ordinance No. 652. Ayes: Richarme, Muller, Hall, Wambsganss, Evans, Fickes Nays: None Approved: 6-0 vote Agenda Item #8-G, Ordinance No. 483-D, 1st reading, Subdivision Ordinance Tom Elgin, Planner with the City of Southlake, presented clean-up items for the Subdivision Ordinance No. 483. Mr. Elgin stated many of these suggestions have been recommended by the Planning and Zoning Commission and City Council over the past few years. These revisions address various problems that have arisen over time, clarify the intent of.the respective regulation, resolve conflicts between the subdivision ordinance and other ordinances and planning documents, and/or help implement the City's geographical information system. Mr. Elgin answered questions of Council and will make changes to the first reading of this ordinance 391 Regular City Council Meeting Minutes November 7, 1995 ' page seventeen Agenda Item #8-G, Continued prior to the second reading which will be held on November 21, 1995. Dennis McGrath, 2403 North Carroll Avenue, Southlake. Mr. McGrath referenced page 8G-10 Section 5, A-2, with regard to easements for water and sewer improvements being a minimum of ten (10) feet in width and shall be contained in one lot to the limit extent it does not impact the buildable area unless otherwise recommended by the City Engineer. He stated he feels the City should give consideration to the property owners when easements are too narrow. Motion was made to approve the 1st reading of Ordinance No. 483-D with changes noted tonight to be implemented into the ordinance prior to second reading. Motion: Wambsganss Second: Richarme Mayor Fickes read the caption of the ordinance. Ayes: Wambsganss, Richarme, Hall, Muller, Evans, Fickes Nays: None Approved: 6-0 vote Agenda Item #8-H, Ordinance No. 483-E, 1st reading, Subdivision Ordinance Amendments regarding Private Streets This item was not considered tonight. Agenda Item #10-A, Amended Developer Agreement for Oakwood Pond. Bob Whitehead, Director of Public Works, stated on October 6, 1995, the affected property owners in the Ridgecrest area, their attorneys, Southlake City Attorney Allen Taylor, and he met to discuss the drainage problem. The parties involved came to an understanding of what each party would do. To try to resolve this issue, a request was made to seek the City Council's direction on installing an underground drain across John Shelton's property. At the October 17, 1995 City Council meeting, Council agreed to amend the Oakwood Pond Developer Agreement by reducing the Street Perimeter Fee up to 50%. The following changes were made to the Developer Agreement: Paragraph C. Perimeter Street Ordinance "the Developer agrees to pay the Perimeter Street Fee of$47.50 per linear foot. Approximately 12,370 feet of the developer abuts on Ridgecrest, which will require a Perimeter Street Fee of $12,026.51." The Council has considered Mr. Miller's request to reduce the Perimeter Street to cover the costs of constructing a drain pipe along Dove Road. 392 Regular City Council Meeting Minutes November 7, 1995 page eighteen Agenda Item #10-A, Continued Paragraph C. Perimeter Street Ordinance will read as follows: "Perimeter Street Fee is $12,026.51. Because the Developer will construct a drain pipe to alleviate a flooding condition, he has requested a credit toward the construction cost. The Council hereby agrees to grant up to 50% credit, which will require a Perimeter Street Fee of $6,013.25. Developer must provide a copy of the drainage improvement contract to the City. If construction costs are less than 50% of the Perimeter Street Fee of$12,026.51, Developer will receive credit for the actual construction cost." Motion was made to approve the Amended Developer Agreement for Oakwood Pond. Motion: Richarme Second: Evans Ayes: Richarme, Evans, Hall, Muller, Wambsganss, Fickes Nays: None Approved: 6-0 vote Agenda Item #10-B, Request for Bids for Alignment of Two Intersections: White Chapel Blvd. at Dove Road and Carroll Avenue at Dove Road. No action was taken on this item. Agenda Item #11-A, Discussion: Lease Purchase for Radar Smart Trailer Director of Public Safety, Billy Campbell, stated one of the programs available that would provide the Southlake Department of Public Safety a needed tool in monitoring vehicle speeds is Kustom Signals, Inc. radar "Ultra" Smart trailer. The trailer consists of radar equipment computer system and printer, axle lock, sign rack and alarm. This type trailer is currently being used in Hurst, North Richland Hills, Arlington, and other large communities. The trailer may be transported to any location that allows minimal off-street parking and once it is set up, it shows the oncoming traffic what their speed is and makes a printout which shows DPS what those speeds were. It affords a deterrent for speeding while providing traffic engineering data at the same time. We would be able to lease this equipment for three (3) years at 4.43% interest per year, for a total of three annual payments of $4,440.57. The cash purchase price for the trailer, storage cover and freight is $14,700.00. Director Campbell asked Council to look over the material provided and at some time, to consider this item. 393 Regular City Council Meeting Minutes November 7, 1995 page nineteen Agenda Item #2-A, Executive Session/Continued Mayor Fickes announced that Council would be returning to executive session at this time 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. Council adjourned into executive session at 11:20 p.m. Council returned to open session at 12:35 a.m. Agenda Item #2-B, Action Necessary/Continued No action was taken as the result of this executive session Agenda Item #9-A, Resolution No. 95-42, Appointment to Park and Recreation Board Resolution No. 95-42 was approved, naming Dr. Robert Bledsoe to fill the unexpired term of Frank Dorrer on the Park and Recreation Board, for a term to expire in May, 1997. Motion: Wambsganss Second: Muller Ayes: Wambsganss, Muller, Hall, Evans, Richarme, Fickes Nays: None Approved: 6-0 vote Agenda Item #12, Adjournment The meeting was adjourned by Mayor Gary Fickes at 12:45 a.m. Mayor ar ickes ATTEST: kh41,04 andra L. LeGrand City Secretary c:\wPfiles\ce-11-7-Iniths1 f