Loading...
1995-12-05 Regular CC Meeting City of Southlake, Texas REGULAR CITY COUNCIL MEETING: DECEMBER 5, 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 agenda. REGULAR SESSION: 7 :00 P.M. AGENDA 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 November 21, 1995 and the Minutes of the Special City Council Meeting held on November 28, 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. Reject Bids and authorize staff to rebid the Vista Trails, Sewer and Street Improvements Project, and bid Cimmarron Acres Sewer. City of Southlake, Texas Regular City Council Meeting Agenda December 5, 1995 page two B. Resolution No. 95 -46, an agreement between the City of Southlake and American Red Cross to insure understanding and agreement on interpretation and implementation of disaster relief responsibility; providing for Mass Care Shelters within the City. REGULAR AGENDA 6. Public Forum. 7. Ordinances, second readings, public hearings and related items. A. Ordinance No. 483 -D, 2nd reading, Amending the Subdivision Ordinance No. 483, addressing clean up items. PUBLIC HEARING. 8. Ordinances, first reading, and related item. A. Ordinance No. 480 -T, 1st reading, amending the Zoning Ordinance No. 480 to allow for temporary outside storage for retail uses. B. Ordinance No. 483 -E, 1st reading, amending the Subdivision Ordinance, addressing private streets. C. Ordinance No. 650, 1st reading, clarifying the official names of various streets within the City. D. Ordinance No. 654, 1st reading, authorizing the issuance of City of Southlake, Texas, Certificates of Obligations, Series 1995. 9. Resolutions (no items this agenda). 10. Other items for consideration: A. Developer Agreement for Stonebury Addition. B. Developer Agreement for Monticello Estates, Phase II. C. Authorizing the Mayor to send letters to members of the Conference Committee relative to proposed Federal Legislation Preempting Local Zoning Regulations. City of Southlake, Texas Regular City Council Meeting Agenda December 5, 1995 page three 11. Other items for discussion: A. Ordinance No. 651, Regulating Concealed Handguns. B. Ordinance No. 653, Creating a Senior Advisory Commission. C. Council - Manager Working Committees. 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, December 1, 1995 at 5:00 p.m., pursuant to the Texas Government Code, Chapter 551. OUT gIN11 �����,' rn 'Sandra L. LeGrand City Secretary ti 4 * ** If you plan to attend this public meeting . . . • 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- 12- 05- 95.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. Arroyo Claim. 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, the issues or matters will be discussed in executive session. 417 CITY OF SOUTHLAKE, TEXAS 667 NORTH CARROLL AVENUE REGULAR CITY COUNCIL MEETING DECEMBER 5, 1995 MINUTES COUNCILMEMBERS PRESENT: Mayor Pro Tern Andy Wambsganss; Deputy Mayor Pro f Tern Pamela Muller. Members: W. Ralph Evans, Sally Hall, and Michael Richarme. COUNCILMEMBERS ABSENT: Mayor Gary Fickes and Councilmember Ron Maness. CITY STAFF PRESENT: Shana Yelverton, Assistant City Manager; Kevin Hugman, Assistant to the City Manager; Lou Ann Heath, Director of Finance; Bob Whitehead, Director of Public Works; Greg Last, Director of Community Development; Billy Campbell, Director of Public Safety; Wayne Olson, City Attorney; and, Sandra L. LeGrand, City Secretary. (Curtis Hawk, City Manger, was present for the executive session only). 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 7:10 p.m. by Mayor Pro Tern Andy Wambsganss. Agenda Item #2-A, Executive Session Mayor Pro Tern Andy Wambsganss 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 7:10 p.m. Council returned to open session at 7:35 p.m. Agenda Item #2-B, Action Necessary/Executive Session No action was taken as the result of the executive session. 418 Regular City Council Meeting Minutes December 5, 1995 page two Agenda Item #3, Approval of the Minutes: November 21 and November 28, 1995 Motion was made to approve the minutes of the Regular City Council meeting held on November 21, 1995, and the Special City Council meeting held on November 28, 1995. Motion: Evans Second: Richarme Ayes: Evans, Richarme, Hall, Muller, Wambsganss Nays: Councilmember Hall did not vote for November 21, 1995 meeting as she was absent. Approved: 5-0 vote Agenda item #4-A, Mayor's Report Mayor Pro Tem Wambsganss announced a joint meeting between the City Council and Planning and Zoning Commission to be held on December 14, at 7:00 p.m. for the purpose of discussing the Neighborhood Preservation Ordinance. The Mayor Pro Tern also announced that Councilmember Ron Maness is out of the United States on company business and unable to attend the meeting tonight. Wambsganss referenced the following proclamations which have been made: 1. To increase public awareness of the dangers of driving while under the influence of drugs and/or alcohol. Proclaiming December 1, 1995 to January 1, 1996 as Holidays Ahead Month. 2. Proclaiming December 15, 1995, as "Lights on for Life in Southlake". To remind motorists to drive with their headlights on throughout the day as a memorial for the victims of impaired driving and as a reminder of the dangers of drunk and drugged driving. 3. Proclaiming December as National Drunk and Drugged Driving Prevention Month to remind all Americans to show support to victims of impaired driving. Assistant City Manager Shana Yelverton informed the Council and audience that Curtis Hawk was recently selected to receive the Joy Sansom Mentor Award, an annual mentorship award presented to an individual who supports the growth and development of local government professionals. The award was presented by the Urban Management Assistants of North Texas (UMANT). 419 Regular City Council Meeting Minutes December 5, 1995 ' page three Agenda Item #4-B, City Manager's Report Mayor Pro Tern Wambsganss reported that the City Manager, Curtis Hawk, left the meeting after executive session as he is recovering from knee surgery and not feeling well. Agenda Item #4-C, SPIN Report Gary Fawks, SPIN#11, reported that not much is happening during the holidays with SPIN#11, however, they are planning a January meeting to bring members up to speed. He stated that everyone is excited and appreciates the support from staff on SPIN issues. Mr. Fawks referenced the SPIN Goals for 1996, noting the main goal is getting information out to the citizens. He addressed the Bulletin Board for the City and CISD, and appreciates the information regarding SPIN on Channel 25. He referenced that the Fort Worth Star Telegram featured SPIN in a recent article. Lastly, he noted that SPIN is excited about working on the Municipal Complex Project. Mayor Pro Tern Wambsganss thanked Mr. Fawks for his hard work and dedication to SPIN. ( Agenda Item #5, Consent Agenda Mayor Pro Tern Wambsganss read the consent items into the record: 5-A. Reject Bid and authorize staff to rebid the Vista Trails, Sewer and Street Improvements Project, and bid Cimmarron Acres Sewer. 5-B. Resolution No. 95-46, an agreement between the City of Southlake and American Red Cross to insure understanding and agreement on interpretation and implementation of disaster relief responsibility; providing for Mass Care Shelters within the City. Motion was made to approve items #5-A and #5-B on the consent agenda. Motion: Richarme Second: Hall Ayes: Richarme, Hall, Muller, Evans, Wambsganss Nays: None Approved: 5-0 vote ADDITIONAL INFORMATION ON CONSENT ITEMS 5-A. Reject bids for Vista Trails, Sewer and Street Improvements Project was requested by the Department of Public Works because this was the first neighborhood sewer program 420 Regular City Council Meeting Minutes December 5, 1995 page four Agenda Item #5, Continued projects to be bid. This project consists of extending the sanitary sewer that serves Florence Elementary School, north along Harrell Drive to Vista Trails addition, then down the center of each street in the addition. The project also includes the reconstruction of each of the streets in the addition. As can be noted in the engineer's bid tabulation, the low bid was over the engineer's estimate by $81,704. Staff recommends that the City Council reject all bids for the project. This recommendation is based upon the bids being over the engineer's estimate. Council further authorizes the staff to advertise and rebid the proposed sewerage improvements, including street reconstructing, Vista Trails Addition and include the Cimmarron Acres Sewer Project as an addition to the rebids. 5.B Resolution No. 95-46 is an agreement with the American Red Cross to renew the current agreement. The agreement is to insure understanding and agreement on interpretation and implementation of disaster relief responsibility, as well as providing for mass care shelters within the City. Agenda Item #6, Public Forum No comments were received during the public forum. Agenda Item #7-A, Ordinance No. 483-D, 2nd reading amending Subdivision Ordinance No. 480 addressing clean up items. Ordinance No. 483-D, 2nd reading, amending the Subdivision Ordinance No. 480 addressing clean up items, was presented by Greg Last, Director of Community Development. Mr. Last stated the first reading of this ordinance was approved by the City Council during the November 7, 1995 meeting with minor amendments to be made prior to the second reading. Mayor Pro Tern Wambsganss stated the big issue here is that we do not want the developer to go out and botch something prior to approval of the developer agreement. He asked how much time is being lost by the developer when he cannot get onto the property and start moving dirt prior to the developer agreement being approved. These are the two policy issues that Council is facing here, and all of council is trying to decide what is the right balance here. Councilmember Hall stated she reported to the Council two meetings ago she has seen numerous situations where serious infractions on existing residents have occurred, incurring damage to their property. As the result of those four occurrences, she presented to Council reasons for prohibiting the moving 421 Regular City Council Meeting Minutes December 5, 1995 page five Agenda Item #7-A, Continued of dirt prior to approval of the developer agreement. She stated she understands the policy now is "at their own risk" and it is turning out that it is at the risk of the existing property owners nearby. She feels if this were allowed, the wording would be so vague, and so open to interpretation, that it would undermine the request, so she does not know what wording would work. It was determined that the amount of time from approval of plat to developer agreement is approximately two months. Bob Whitehead stated the Developer Agreement has an erosion control provision in it. The Public Hearing resulted with no comments from the audience. Greg Last read into the record suggested word changes regarding the moving of dirt prior to approval of the Developer Agreement, including, "unless noted otherwise, no earth work, grading, utility, street or drainage improvement construction or any public or private ,- _ improvements shall be allowed until the developer receives approval of a final plat, and upon approval of a final plat, a developer's agreement has been approved by the City Council. Motion was made to approve Ordinance No. 483-D, 2nd reading, as amended on page 7A-10, as noted by the statement made by Greg Last above. Motion: Hall Second: Muller Mayor Pro Tern Wambsganss read the caption of the ordinance. Ayes: Hall, Muller, Richarme, Evans, Wambsganss Nays: None Approved: 5-0 vote Agenda Item #8-A, Ordinance No. 480-T, 1st reading, amending the Zoning Ordinance No. 480 to allow for temporary outside storage for retail uses. Mayor Pro Tern Wambsganss stated because Ordinance No. 480-T, amending the Zoning Ordinance No. 480 to allow for temporary outside storage for retail uses, was denied by the Planning and Zoning Commission it will take a super-majority vote of the Council in order to be approved. As two Councilmembers are absent tonight, he suggested this item be tabled until December 19, 1995 City Council meeting. Motion was made to table Ordinance No. 480-T, 1st reading, time certain December 19, 1995 City Council meeting. Motion: Richarme 422 Regular City Council Meeting Minutes December 5, 1995 page six Agenda Item #8-A, Continued Second: Evans Ayes: Richarme, Evans, Hall, Muller, Wambsganss Nays: None Approved 5-0 vote (to table) Agenda Item #8-B, Ordinance No. 483-E, 1st reading amending the Subdivision Ordinance. addressing private streets Greg Last, Director of Community Development, led the discussion regarding the amendment to Ordinance No. 483-E, amending the Subdivision Ordinance addressing private streets. Mr. Last stated the intent of this revision is: 1) to alert prospective property owners that routine City services may not be provided or, if provided, may be at reduced service levels; 2) provide necessary easements for emergency access and utilities; 3) provide for annual inspection and insure repair of streets if the homeowner association fails to do so; and 4) establish entrance setback standards to minimize congestion on adjoining public streets. Mayor Pro Tern Wambsganss asked Mr. Last to go through the ordinance briefly, and asked what would be the requirements of a private street community. Councilmember Richarme asked if it is possible to draw the distinction between private streets or private gated streets. He added, he has no difficulty with private streets. Councilmember Hall stated she understood that from this point on, no new gated communities would be allowed. The only time would be if 100% of citizens in an addition are in favor of gated streets. Councilmember Muller stated she does not want to see private streets unless they are gated or manned. Greg Last listed a summary of items to be considered: 1) private streets only if gated or manned entries, 2) delete item A-1 referencing new developments, 3) revise criteria to refer to existing retrofit only, 4) modify definition of existing subdivisions to ensure 75% of homes constructed. 423 Regular City Council Meeting Minutes December 5, 1995 page seven Agenda Item #8-B, Continued Motion was made to approve Ordinance No. 483-E, 1st reading, with recommendation as noted above by Greg Last. Motion: Muller Second: Hall Mayor Pro Tern Wambsganss read the caption of the ordinance. Ayes: Muller, Hall, Evans, Richarme, Wambsganss Nays: None Approved: 5-0 vote Agenda Item #8-C, Ordinance No. 650, 1st reading, Official Names of Streets. Greg Last, Director of Community Development, introduced Ordinance No. 650 for first reading, regarding street name inconsistencies within the City. The City was approached by citizens in the Raintree area about the inconsistencies in their area. Research was accomplished by reviewing the City base map, posted street name signs, area plats, property deeds, and official Post Office addresses. These documents did not reveal a consensus of names for any of the streets with the exception of Rainforest Court. For the most part, the residential j "additions" in the area were created prior to the subdivision ordinance by metes and bounds descriptions, and as a result, the street name inconsistencies have "evolved" over time. The street names inconsistencies were discussed at a SPIN #6 meeting and unanimity of names was reached from those present. Councilmember Richarme stated he is glad that the SPIN group is involved and that the City is working with them. Councilmember Muller stated she would like a person to check with someone on Raintree before the 2nd reading, regarding the street name. Motion was made to move forward with checking Raintree, and approval given to 1st reading. Motion: Richarme Second: Muller Mayor Pro Tem Wambsganss read the caption of the ordinance. Ayes: Richarme, Muller, Hall, Evans, Wambsganss Nays: None Approved: 5-0 vote 424 Regular City Council Meeting Minutes December 5, 1995 page eight Agenda Item #8-D, Ordinance No. 654, 1st reading, Authorizing the Issuance of City of Southlake, Certificates of Obligations, Series 1995. Director of Finance, Lou Ann Heath, stated at the Council meeting held on November 28, Resolution No. 95-93, was approved authorizing the publication of a Notice of Intent to issue Certificates of Obligation for an amount not to exceed $350,000. This ordinance is presented to Council on first reading to issue the $290,000 certificates of obligation. These certificates and cash are to be exchanged for the purchase of land from J.W. and Constance Richards. According to the purchase and sale agreement, the City is paying $439,607 for the land with $149,607 cash due by December 20, 1995. Mr. Richards desired a qualified tax-exempt instrument for the remainder. The certificates of obligation to be held by the Richards will satisfy that requirement. The certificates will have 5.5% annual interest payable quarterly for five years beginning March 20, 1996, with the entire principal due at the end of the five years. Texas Commerce Bank, Dallas, will serve as the paying agent on the transaction. Gary Hargett, 1111 South White Chapel Blvd., Southlake. Mr. Hargett presented a letter dated December 5, 1995 to Council regarding his proposal to the City to purchase the Brunson property, 9.85 acres on F.M. 1709 backing up to the City property. A copy of the letter from Mr. Hargett is hereby attached to the minutes of the meeting. Mr. Hargett stated the first time he heard of this proposed purchase was from a newspaper article. He stated he feels the citizens should be included in this decision to purchase property for a future municipal complex. Dennis McGrath, 2403 North Carroll Avenue, Southlake. Mr. McGrath stated over the past several years, every time the City buys property, it has not been met with favor by the citizens. He feels this should tell Council something. Rex Potter, 303 Waterford Court, Southlake. Mr. Potter stated he is getting concerned that we will never get a municipal facility. He is concerned with taxes like everyone else, but is also concerned with the City moving on and getting the facilities that we need. He is concerned with what the City will do with the current facility. Council was elected to make these kinds of decisions and they need to move on. Mr. Potter stated he appreciates the opportunity to comment on this issue. Councilmember Hall stated Council has been elected to make these decisions, as we have discussed before, the property decision went to a committee. The committee looked at thirty (30) pieces of property and narrowed it down to five (5) where they actually had presentations. There are 200 letters, which are public information, where citizens have requested the property be purchased in the location that is being considered. Since 1989, Council has been committed to joint utilization and we are dealing with one wallet, trying to look at sites that will meet the needs of the City and school, and instead of having two auditoriums, we 425 Regular City Council Meeting Minutes December 5, 1995 page nine Agenda Item #8-D, Continued will have one, for use by both City and school. Mr. Hargett sent out his letter proposing property that will not work. The property being considered has three access points to it, Byron Nelson Parkway, F.M. 1709 and a road that can circulate throughout the facility. F.M. 1709 is being taken care of by the Highway Department at no expense to the City. Street lighting will be provided by the developer, water line and sewer line will be provided. Ms. Hall stated you have to look at build-out to see that we have sufficient amount of property for the city, not just for immediate needs. You can always sell it off if you find you do not need it. Councilmember Hall stated Mr. Hargett is proposing a four story building. That would open the door to others to do the same. Councilmember Richarme stated we don't know where Mr. Hargett came up with a four story building. The City hired architects to determine what we need today, in five years and at ultimate build-out. He hopes that people do not look at this as just a city hall. We are talking about property for a municipal complex. He stated he hopes this will include a library. Dennis McGrath, 1203 North White Chapel Blvd. Mr. McGrath referenced the 1/2 cent sales tax and what uses could be built with those funds. He stated he feels there is a problem with joint utilization, and mixing of the funds between the city and school. Councilmember Evans stated none of the funds from the 1/2 cent sales tax will be used for this project. Motion was made to approve Ordinance No. 654, 1st reading. Motion: Richarme Second: Hall Mayor Pro Tem Wambsganss read the caption of the ordinance. Ayes: Richarme, Hall, Evans, Muller, Wambsganss Nays: None Approved: 5-0 vote Council adjourned for recess at 9:30 p.m. Council returned to open session at 9:45 p.m. 426 Regular City Council Meeting Minutes December 5, 1995 page ten Agenda Item #11-B, Discussion: Ordinance No. 653, Creating a Senior Advisory Commission. Kim McAdams, Director of Park and Recreation, stated in a memorandum to the City Manager, that in a joint meeting with the MetroPort Meals on Wheels and the Parks and Recreation Department, an idea was formulated for the City to have a Senior Advisory Commission, much like the Southlake Youth Advisory Commission to comment on issues facing seniors in our community. The idea is to have a council-appointed commission of six members, two year staggered terms, and hold public open meetings monthly. The seniors would discuss and comment on issues facing seniors, recreational programming, a senior center, transportation, etc. Ms. McAdams suggested possibly the new Administrative Assistant would be the liaison with the commission, prepare the agenda, and keep the minutes and records. Lloyd O. Latta Jr., 1580 Randol Mill Road, Southlake. Mr. Latta stated he has discussed the concept of having a senior advisory commission with Kim McAdams and other seniors in the community and feels this is a way for the seniors to become a part of the community. He had seen a copy of the proposed ordinance and feels it looks good as structured. He recommended that the membership be divided by having two members in the fifty age bracket; two members in the sixty age bracket; two members in the seventy age bracket; and possibly two members in the eighty age bracket. Mr. Latta commented as a long term goal, the seniors of the community would like to see a facility to meet in. Mayor Pro Tem Wambsganss stated the suggestions should be made a part of the ordinance and brought back for first reading. Kelly Bradley, 2275 Precinct Line Road, Westlake. Mrs. Bradley stated they have a lot of history developing senior citizen programs. The City is offering the facility and they are providing a program. Agenda Item #10-A, Developer Agreement. for Stonebury Addition. Bob Whitehead, Director of Public Works, presented the Developer Agreement for Stonebury Addition, stating the usual requirements for cash escrow, letters of credit, performance bonds or payment bonds are stated within the agreement. He noted a few items in this agreement that require Council attention: * Section B, page 1 has been revised to remove use of temporary street signs. For emergency purposes, Staff prefers to have permanent street signs in place. Temporary street signs can be destroyed by inclement weather. The release of remaining building permits has been changed from completion of the streets to final acceptance of the Addition. This will act as an incentive to the Developer to see that all remaining items 427 Regular City Council Meeting Minutes December 5, 1995 page eleven Agenda Item #10-A, Continued are completed. This part of the agreement will become "standard" language for all future developer agreements. * Section D. Page 2 contains a redlined paragraph, which will become part of the standard agreement. This language is necessary to avoid any confusion for future developers who choose to use bar ditches within Southlake. * Section A, page 10 requires the Developer to pay off-site drainage toward the box culvert at West Continental in the amount of $9,673.60. * Section B, page 10 stated that the Developer agrees to pay Park Fees in the amount of $16,500 (33 lots X $500). * Section C, page 10 states that the Developer agrees to pay the Perimeter Street Fee in the amount of $48,117.50. Michael Jones, 2001 West Irving Blvd., Irving. Mr. Jones, a representative of the developer, asked for revisions to the developer agreement for impact fees. Councilmember Hall stated Council was promised some funds would be placed in escrow to take care of off-site drainage. The meeting was held while the City Secretary presented the minutes of the City Council meeting of July 18, 1995, which stated that the funds would be escrowed at the time of the Developer Agreement. Motion was made to table this agenda item, time certain December 19, 1995 in order for the developer's applicant to discuss this issue with the developer regarding the funds placed in escrow for off-site drainage. Motion: Richarme Second: Hall Ayes: Richarme, Hall, Muller, Evans, Wambsganss Nays: None Approved: 5-0 vote (to table) Agenda Item #10-B, Developer Agreement for Monticello Estates, Phase II Bob Whitehead, Director of Public Works, presented the Developer Agreement for Phase II of Monticello Estates. Whitehead stated several items in this agreement require Council attention, including: 428 Regular City Council Meeting Minutes December 5, 1995 page twelve Agenda Item #10-B, Continued * Section B, page 1, has been revised to remove use of temporary street signs. For emergency purposes, Staff prefers to have permanent street signs in place. Temporary street signs can be destroyed by inclement weather. The release of remaining building permits has been changed from completion of the streets to final acceptance of the Addition. This will act as an incentive to the Developer to see that all remaining items are completed. This part of the agreement will become "standard" language for all future developer agreements. • * Section C, page 1, will waive the Developer from having to present to the City a cash escrow, letters of credit, performance bond or payment bond unless 10% release of lots are requested before public utilities are accepted. This request has been allowed during previous Monticello developments. * Section D, page 2, contains a strikeout that will not require a street maintenance bond to be furnished. The streets in this addition will be private. * A redlined paragraph has also been added, which will become part of the standard agreement. It does not pertain to this addition because the addition will contain curb and gutter, however, this language is necessary to avoid any confusion for other development within Southlake. * Section F, page 2, contains additional redlines and strikeouts. These changes are due to the private street facilities. * Section D, paragraph one and two on page 5, contains additional redlines and strikeouts due to provide streets. Also, note that the City will not be responsible for any replacement of signs. However, the City will replace standard signage and invoice the Developer or Homeowners Association. * Section H, page 6, contains changes from right-of-way to easement. Because the streets will be private, there is no public right-of-way. 429 Regular City Council Meeting Minutes December 5, 1995 page thirteen Agenda Item #10-B, Continued * Section A, page 9, requires the Developer to pay pro-rata toward the cost of replacing critical drainage structure within the basin. The Developer's share is $5,580.97. * Section B, page 10, pertains to the park fees. Over five acres in the Country Walk Addition along West Continental Blvd. was donated to satisfy the park dedication requirement. * There is no perimeter street requirement. Streets within the Addition do not abut a main road. Terry Wilkinson and Joe Wright, developers were present for the meeting. Motion was made to approve the Developer Agreement, in the interest of consistency, for Monticello Estates, Phase II. Motion: Richarme Second: Evans ( Ayes: Richarme, Evans, Hall, Muller, Wambsganss Nays: None Approved: 5-0 vote • Agenda item #10-C, Authorizing the Mayor to send letters to' members of the Conference Committee relative to proposed Federal Legislation Preempting Local Zoning Regulations. The Assistant City Manager, Shana Yelverton, stated this item is on the agenda for the City Council to decide how they would like to respond. As noted in the materials presented, immediate letters to Congress outlining municipalities' position on the preceding issues are very desirable. Mayor Pro Tem Wambsganss stated he is not in favor of writing letters. Taking someone else's opinion on something is not wise. Councilmember Evans suggested we get information from Joe Barton and John Dingle on this matter. No action was taken on this issue, and staff was directed to proceed with getting information from Joe Barton and John Dingle regarding the Federal Telecommunications Legislation. 430 Regular City Council Meeting Minutes December 5, 1995 page fourteen Agenda item #11-A, Ordinance No. 651 Regulating Concealed Handguns. No action was taken on this item tonight as the City Manager was not present for the meeting. This item will be placed on the agenda for the December 19, 1995 meeting. Agenda item #11-C, Discussion: Council-Manager Working Committees No action was taken on this item tonight as the City Manager was not present for the meeting. This item will be placed on an agenda in the near future. Agenda Item #12, Adjournment The Meeting was adjourned by Mayor Pro Tern Andy Wambganss at 10:40 p.m. Andrew Wambsganss Mayor Pro Tem ATTEST: Sandra L. LeGrand City Secretary c:\wp fi les\cc-12-5-.min\s I