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1995-12-19 Regular CC Meeting City of Southlake, Texas REGULAR CITY COUNCIL MEETING: DECEMBER 19, 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 December 5, 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. Resolution No. 95 -50, amending the Fee Schedule to include Motor Vehicle Accident Reports. B. Excuse Absences of Councilmember Ron Maness from Council meetings. City of Southlake, Texas Regular City Council Meeting Agenda December 19, 1995 page two C. Appointment of a Reserve Police Officer, Alton Wells. REGULAR AGENDA 6. Public Appearances and Public Forum. A. Public Appearance by the Southlake Tennis Association, Ms. Laura Suarez. B. Public Appearance by Gary Hargett. C. Public Forum. 7. Ordinances, second readings, public hearings, and related items. A. Ordinance No. 483 -E, 2nd reading, amending the Subdivision Ordinance, addressing private streets. PUBLIC HEARING. B. Ordinance No. 650, 2nd reading, clarifying the official names of various streets within the City. PUBLIC HEARING. C. Ordinance No. 654, 2nd reading, authorizing the issuance of City of Southlake, Texas, Certificates of Obligations, Series 1995. PUBLIC HEARING. 8. Ordinances, first readings, and related items. A. Ordinance No. 480 -188, 1st reading (ZA 95 -106), Rezoning and Concept Plan for Liberty Bank, being a 0.984 acre tract of land situated in the Thomas Easter Survey, Abstract No. 474, and the S. Freeman Survey, Abstract No. 525, and being legally described as Tract 1E1, W.E. Mayfield Addition. Location: 2438 East Southlake Blvd. (F.M. 1709) on the north side, approximately 200 feet east of Bluebonnet Drive. Current zoning is "AG" Agricultural District, with a requested zoning of "C -2" Local Retail Commercial District. Owner: Keith Bunch; Applicant: Liberty Bank. SPIN Neighborhood #7. B. ZA 95 -110, Preliminary Plat for Napa Valley Phase II, being 8.992 acres of land situated in the J.W. Hale Survey, Abstract No. 803, Tract 2A. Location: Northeast corner of East Continental Blvd. and Carlisle Lane. Current zoning is "SF -20A" Single Family Residential. Owner: Norman J. Brown; Applicant: Napa Valley Estates II. SPIN Neighborhood #8. City of Southlake, Texas Regular City Council Meeting Agenda December 19, 1995 page three C. ZA 95 -111, Plat Revision showing Lots 50R and 51R, Block 5, Timarron Addition, Phase II, Section 2A Estates at Bent Creek, being 0.973 acres of land situated in the Hall Medlin Survey, Abstract No. 1037, and the Hall Medlin Survey, Abstract No. 1038, being a revision of Lots 50 and 51, Block 5, Timarron Addition, Phase II, Section 2A, Estates of Bent Creek as shown on the Plat recorded in Cabinet A, Slide 1711, Plat Records, Tarrant County, Texas. Location: 200 and 202 Brookview Court. Current zoning is "R- P.U.D. No. 1" Residential Planned Unit Development. Owner /Applicant: Timarron Land Corporation. SPIN Neighborhood #9. D. ZA 95 -112, Preliminary Plat for South Hollow, being 24.148 acres tract of land situated in the J.W. Hale Survey, Abstract No. 803, Tracts 2B and 2C. Location: North side of East Continental Blvd., approximately 250 east of Carlisle Lane. Current zoning is "SF -20A" Single- Family Residential District. Owners: Mrs. Robert H. Rockenbaugh and Joe L. Wright; Applicant: Vista Oaks Development. SPIN Neighborhood #8. E. ZA 95 -113, Preliminary Plat for Meadow Ridge Estates, being 37.416 acre tract of land situated in the John A. Freeman Survey, Abstract No. 529, Tracts 1, 1A, 1C, 1D, and 3A. Location: West side of South Kimball Avenue, adjacent to and east of Woodland Heights Addition, and approximately 900 feet south of East Southlake Blvd. Current zoning is "SF -20A" Single Family Residential. Owners: Mike & Ginger Jacobs, Dwaine Petty, and E.R.O. Development; Applicant: Briscoe Clark Company. SPIN Neighborhood #8. F. ZA 95 -114, Preliminary Plat for Huse Homeplace, being 16.63 acres of land situated in the R.D. Price Survey, Abstract No. 1207, Tract 2C. Location: Adjacent and north of Quail Creek Estates Addition and adjacent and west of Harbor Oaks Addition. Current zoning is "SF -1A" Single - Family Residential District. Owner: Peggy Denton; Applicant: Tom Matthews. SPIN Neighborhood #3. G. ZA 95 -115, Plat Vacation of Lots 1 and 2, Bradley Addition, being 2.066 acres of land situated in the Thomas M. Hood Survey, Abstract No. 706, and recorded in Volume 388 -170, page 31 P.R.T.C.T. Location: Approximately 500 feet east of Peytonville Avenue and approximately 3,300 feet south of West Dove Street. Current zoning is "R -P.U.D No. 7" Residential Planned Unit Development. Owner /Applicant: Southlake Coventry, Ltd. SPIN Neighborhood #11. H. Ordinance No. 480 -T, 1st reading, amending the Zoning Ordinance No. 480 to allow for temporary outside storage for retail uses. City of Southlake, Texas Regular City Council Meeting Agenda December 19, 1995 page four I. Ordinance No. 651, 1st reading, regulating concealed handguns. J. Ordinance No. 653, 1st reading, creating a Senior Advisory Commission. 9. Resolutions (no items this agenda). 10. Other items for consideration: A. Developer Agreement for Stonebury Addition. B. Developer Agreement for Wright Professional Building. 11. Other items for discussion: A. Complaint System. B. Joint Election Locations. City /CISD 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 15, 1995 at 5:00 p.m., pursuant to the Texas Government Coe • ' • •�r , 51. 4ts r / s Sandra L. LeGrand City Secretary * ** 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. c: \wpfiles \cc- 12- 19- 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. Vicci Winchester vs. Dan McKee dba McKee Water Service Company, and 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, the issues or matters will be discussed in executive session. 435 CITY OF SOUTHLAKE, TEXAS 667 NORTH CARROLL AVENUE REGULAR CITY COUNCIL MEETING DECEMBER 19, 1995 MINUTES COUNCILMEMBERS PRESENT: Mayor Gary Fickes; Mayor Pro Tern Andy Wambsganss; Deputy Mayor Pro Tem Pamela Muller. Members: Sally Hall, W. Ralph Evans, Ron Maness, and Michael Richarme. STAFF PRESENT: Curtis E. Hawk, City Manager; 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; Kim McAdams, Director of Parks and Recreation; Ron Harper, City Engineer; Karen Gandy, Zoning Administrator; Billy Campbell, Director of Public Safety; E. Allen Taylor Jr., City Attorney; and, Sandra L. LeGrand, City Secretary. 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. f . 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 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 7:50 p.m. Agenda Item #2-B, Action Necessary/Executive Session No action was taken as the result of the executive session. 436 Regular City Council Meeting Minutes December 19, 1995 page two Agenda Item #3, Approval of the Minutes, December 5, 1995 Council meeting. The Minutes of the December 5, 1995, Regular City Council meeting were approved as amended. Motion: Evans Second: Muller Ayes: Evans, Muller, Hall, Evans, Richarme, Wambsganss, Fickes Nays: None Approved: 7-0 vote Agenda Item #4-A, Mayor's Report Mayor Fickes wished everyone a Happy Holiday Season during the Mayor's Report. Agenda Item #4-B, City Manager's Report No comments were made during the City Manager's Report. Agenda Item #4-C, SPIN Report No SPIN Report was given this evening. Agenda Item #5, Consent Agenda The consent agenda consisted of the following items: 5-A. Resolution No. 95-50, amending the Fee Schedule to include Motor Vehicle Accident Reports. 5-B. Excused absences of Councilmember Ron Maness from Council meetings. 5-C. Appointment of a Reserve Police Officer, Alton Wells. 8-C. ZA 95-111, Plat Revision showing Lots 50R and 51R, Block 5, Timarron Addition, Phase II, Section 2A Estates of Bent Creek. 8-G. ZA 95-115, Plat Vacation of Lots 1 and 2, Bradley Addition, being 2.066 acres of land situated in the Thomas M. Hood Survey, Abstract No. 706. Motion was made to approve the consent agenda consisting of items #5-A, #5-B, #5-C, #8-C, #8-G. Motion: Wambsganss 437 Regular City Council Meeting Minutes December 19, 1995 page three Agenda Item #5, Continued Second: Maness Ayes: Wambsganss, Maness, Muller, Richarme, Hall, Evans, Fickes Nays: None Approved: 7-0 vote ADDITIONAL INFORMATION ON CONSENT ITEMS 5-A. Resolution No. 95-50, Southlake DPS implemented a new special order regulating the release of accident reports and the associated fee structure. The following fees will be charged: Accident Report (basic) $4.00; Accident Reports (certified) $6.00; and Written Certification that no report exists $4.00. The fee schedule increase will become effective immediately. 5-B. As a requirement of the Home Rule Charter Section 2.08, "the Mayor or a Council member shall forfeit his or her office if during a term of office, the Mayor or Councilmember fails to attend two consecutive regular meetings of the Council without being excused by the Council." Mr. Maness was absent and out of the country on November 7, November 21, and December 5, 1995. 5-C. The Director of Public Safety submitted Officer Alton Wells, as a Reserve Police Officer, stating, Mr. Wells and his family are lifelong residents of Southlake and other family relatives are also longtime residents. Wells has successfully completed all requirements of TCLEOSE (Texas Commission on Law Enforcement Officers Standards and Education) for a reserve police officer. 8-C. ZA 95-111, Plat Revision showing Lots 50R and 51R, Block 5, Timarron Addition, Phase II, Section 2A Estates at Bent Creek, being 0.973 acres of land situated in the Hall Medlin Survey, Abstract No. 1037, and the Hall Medlin Survey, Abstract No. 1038 being a revision of Lots 50 and 51, Block 5, Timarron Addition, Phase II, Section 2A, Estates of Bent Creek . Owner/Applicant: Timarron Land Corporation. 8-G. ZA 95-115, Plat Vacation of Lots 1 and 2, Bradley Addition, being 2.066 acres of land situated in the Thomas M. Hood Survey, Abstract No. 706. Owner/Applicant: Southlake Coventry, Ltd. Agenda Item #6-A, Public Appearance by Southlake Tennis Association. Laura Suarez. Laura Suarez, Southlake Tennis Association, 2808 Rockport Cove, Grapevine. Ms. Suarez, president of the Southlake Tennis Association, made a presentation to Council requesting the City include a tennis facility in the upcoming master plan. Suarez stated the Southlake 433 Regular City Council Meeting Minutes December 19, 1995 page four Agenda Item #6-A, Continued Tennis Association has twelve different leagues with an average of 5 teams per league and approximately 10 players on each term. It has never been so apparent that a tennis center is vitally needed. It is already a scheduling nightmare to fit 600+ players on the few accessible courts available. The drawbacks to the current court situation are: All of the housing developments that have tennis courts also have restrictions on non-resident players; the Carroll High School courts are in use 10 months out of the year from 7:30 a.m. to 5:30 p.m. with high school activities; the only two public courts in Southlake are in poor condition not to mention that it is impossible to run any kind of tournament or events on two courts. She urged the City Council to enhance the City of Southlake park system by including a premiere tennis facility to improve the physical quality of life and help define the healthy lifestyle exhibited by the juniors, adults and seniors, and making it available for all citizens to enjoy. Scott Doran, 809 Mesquite Lane, Keller. Mr Doran stated he is a tennis coach at Carroll High School. He stated they are currently working with the Southlake Tennis Association. He added a center like this would help his program. Elsie Perez, Tennis Association. Ms. Perez stated "Adventure Alley" would only be for kids and the tennis facility would be for everyone. Kathy Campbell, 1215 Concord, Grapevine. Ms. Campbell stated tennis is a lifetime sport. It helped keep her off the streets and off drugs as a teen and will help others. Pat Vallentiny, 705 Oak Hill Drive, Colleyville. Ms. Vallentiny identified herself as a tennis player, urging Council to consider the tennis complex. Leslie Bartlett, 1344 Ten Bar Trail, Southlake. Ms. Bartlett encouraged Council to act in favor of a tennis complex, as it helps keep kids off the street. Bob Reznik, 1782 Kingswood, Southlake. Mr. Reznik stated tennis is an affordable way to keep kids interested far beyond twelve years of age. Laura Suarez thanked Council for listening to their slide presentation and individual comments. Councilmember Richarme stated two months ago this presentation was made before the Parks and Recreation Board and Joint Utilization Committee: He noted this was focused on as a Joint Utilization Project and something that impacts all ages. It is on the priority list for JUC. They have to determine how they can pay for this. Both Mayor Fickes and Councilmember Richarme asked for profit and loss statements from other such facilities. Fickes added, they will make a formal request in the next three months for property for a tennis site. 439 Regular City Council Meeting Minutes � December 19, 1995 page five Agenda Item #6-B, Presentation: Gary Hargett regarding Municipal Complex Mr. Gary Hargett, 1111 South White Chapel Blvd., Southlake. Mr. Hargett presented some alternative sites for a new City Municipal Complex. A copy of the information presented by Mr. Hargett is hereby attached to the minutes. Mr. Hargett asked that the following statement be included in the minutes, "1580 East Highland is a 27.41 acre tract at $25,000 per acre. This property purchase vs Timarron would give the city an additional 12.638 acres and save taxpayers $455,151. Timarron property is priced at 3.67 times TAD appraisal. Suitable unimproved property can be bought at the average undeveloped range that could result in a taxpayer savings of$823,639.45". Sharon Hobbs, 107 Sweet Street, Southlake. Ms. Hobbs stated she concurs with Mr. Hargett. She has never heard of anyone paying over $33,000 per acre. She does not think F.M. 1709 is the center of town. She has been in on a lot of discussions. F.M. 1709 is where the traffic will be, north of SH 114 is a much better area. Rick Stacy, 1000 West Southlake Blvd., Southlake. Mr. Stacy stated the property being considered is too expensive, adding, "we are fixing to burn a lot of money". He feels there is no rush unless the Council knows something the public does not know. Stacy commented since the decision has been made to purchase this property, his phone has been ringing off the wall. He asked Council to take another look and inform the citizens. Amber Hall, 1002 Dominion, Southlake. Ms. Hall stated she is opposed to City Hall being so close to her home, adding, they have small children and have concerns. Betty Springer, 1024 Mission Drive, Southlake. Ms. Springer stated she decided to come to Council because of a recent mail-out and a posturing for political reasons. She thanked City Council, as she has sat up there, and feels Council is setting there for the right reasons. They were elected by the people to represent the people and make these kinds of decisions on behalf of the city. The suggestion that Council and the Mayor are doing something underhanded is not right. If we all used TAD valuations on property we would be bankrupt tomorrow. The 7 acres across from residences would not be a popular site. The land was purchased for public park use, so residents expect to see parks there. Ms. Springer commented if Council looked at numerous properties and still feel this is the best property, go forward!! The City has been looking for City Hall sites for years and years. If City Council does not do something in the near future, it will be even more costly. Larry Fulton, 100 Chapel Downs, Southlake. Mr. Fulton stated he was here one year ago when the City was looking at the Kasper property. He noted that Council is following the criteria that was given to them by the residents and he does support the Council. He asked the citizens to be vigilant to Council. 440 Regular City Council Meeting Minutes December 19, 1995 page six Agenda Item #6-B, Continued Lloyd O. Latta Jr., Randol Mill Road, Southlake. Mr. Latta, a former Mayor and first City Manager for the City stated he has been active in city affairs for the past twenty years. This decision to purchase the property is a tough one, and it doesn't get any easier. As Mayor, he bought water tower sites. That was also a tough decision. He asked Council to make public as much as possible and act with diligence. Mayor Fickes stated about one and a half years ago he appointed a committee to look at municipal complex sites. In the meeting with the School Board they looked at a fifty-acre site on North White Chapel Blvd., for a campus type facility. About four hundred residents thought it was not a good site. Council got a lot of input from that group of residents. The Council committee followed their criteria, including: centrally located; direct access to major thoroughfares; give the community a property of a size that would take the growth to full build- out, not a site we would build out in 5-10 years. Indications from the CISD are that they would be interested in a joint use facility. This site provides the opportunity that would be in keeping with what the community has developed. This property is developed land with the water, sewer and road. The property submitted by Mr. Hargett is in the centerline of the DFW Airport runway, located in a residential area with inadequate thoroughfares to the site. The search committee looked at numerous sites and the Timarron/Richards site offered the best criteria and needs of the residents. Councilmember Sally Hall referenced the two meetings she had with Mr. Hargett. She referenced the central location, stating the majority of the people will be living south of SH 114. She stated again that Byron Nelson Parkway will be put in by the developer, as well as landscaping, which will be watered by the Developer. The school district is changing the location of new schools to the south. She stated she feels this is the best location for a Municipal Complex. Councilmember Richarme stated he had not planned to say anything, but noted that he is one of the cheapest people in Southlake. He does not like to spend or waste money. He was not on the committee, however, he does not take things on face value. He checked them out himself, stating this is not a bad deal. There is a lot of misinformation going around. The site is good. He supports the recommendation of the Council committee. Councilmember Ron Maness stated he wanted to set aside the merits for and against. He commended Hargett for getting people involved. He is concerned that it takes something like this to get people involved. 441 Regular City Council Meeting Minutes December 19, 1995 page seven Agenda Item #6-B, Continued Dennis McGrath, 2403 North White Chapel Blvd., Southlake. Mr. McGrath stated he believes it is time Southlake got a new city hall. He feels there are people out there that will support a bond issue. What is the best site!! He referenced the 1990 report from Allen & Buie, stating, the city needs to establish a build out number. The number will affect everything we will do. Milton Barath, 1647 Oak Lane North, Southlake. Mr. Barath stated when he got the flyer in the mail, he was worried. He suggested for the value, he would sooner buy the twenty-five acres. Let's get city hall where it should be. Go for lower priced property and use the rest of the money on his street!!! Cynda Mast, 2415 Taylor Street, Southlake. Ms. Mast stated what concerns her most is that the issue is being reduced to square foot cost. She stated she lives on the north side of town. She knows what undeveloped land means. Major facilities need to be near thoroughfares and the north side of town cannot handle the traffic. We need a library! Ms. Mast stated she feels to scatter facilities here and there is penny wise and pound short. If we have a property now, we need to move forward. Council adjourned for recess at 9:25 p.m. Council returned to open session at 9:35 p.m. Agenda Item #7-C, Ordinance No. 654, 2nd reading, Authorizing the issuance of City of Southlake Certificates of Obligation, Series 1995. Lou Ann Heath, Director of Finance, presented Ordinance No. 654, for second reading. She stated at the City 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. This ordinance was presented to Council on first reading to issue the $290,000 certificates of obligation. The resolution had indicated an amount not to exceed $350,000; the actual amount of the certificates will be $290,000. Ms. Heath stated 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. 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. The public hearing resulted with no comments from the audience. 1 442 Regular City Council Meeting Minutes December 19, 1995 page eight Agenda Item #7-C, Continued Motion was made to approve Ordinance No. 654, 2nd reading. Motion: Richarme Second: Wambsganss Mayor Fickes read the caption of the ordinance. Ayes: Richarme, Wambsganss, Hall, Evans, Muller, Fickes Nays: Maness Approved: 6-1 vote Agenda Item #8-A, Ordinance No. 480-188, 1st reading ZA 95-106 Liberty Bank Ordinance No. 480-188, 1st reading (ZA 95-106), Rezoning and Concept Plan for Liberty Bank, being a 0.984 acre tract of land situated in the Thomas Easter Survey, Abstract No. 474, and the S. Freeman Survey, Abstract No. 525, and begin legally described as Tract 1E1, W.E. Mayfield Addition. Current zoning is "AG" Agricultural District, with a requested zoning of "C-2" Local Retail Commercial District. Owner: Keith Bunch; Applicant: Liberty Bank. SPIN Neighborhood #7. Zoning Administrator Karen Gandy stated eight (8) notices were sent to property owners within the 200' notification area and four (4) written responses have been received from the following: Gordon M. Nettleton, 2611 E. Southlake Blvd., in favor; Robert G. Lyford, 6502 Santolina Cove, Austin, in favor; Wetzel Family Partnership, 102 Westlake Drive, Austin, in favor; and Roy E. Lee, 2620 E. Southlake Blvd., in favor. Greg Last, Director of Community Development, stated the applicant asked to clarify their intent on the bufferyard on F.M. 1709. They are showing a 25' bufferyard and a 20' bufferyard is all that is requirement. They intended for the remaining 5' to count toward the interior landscaping. If Council should approve their plat, Mr. Last stated he does not want the 25' bufferyard counted as the 20' required. They will not be able to use the additional 5' strip for interior landscape requirements. Ernest Hedgecoff, consulting engineer for Liberty Bank. They have reviewed the staff comments and are in concurrence with the need for the bufferyard, adding, we mislabeled this drawing, counting the 5' as part of the interior landscaping requirement. They have asked that the 500' separation for driveways be waived. They moved the driveways further to the east, making a greater separation to the driveways to the west. They reviewed the staff comments and will make the necessary revisions to the drawing. They also asked that the driveway throat entrance requirement be waived. 443 Regular City Council Meeting Minutes December 19, 1995 page nine Agenda Item #8-A, Continued Motion was made to approve ZA 95-106, subject to the Concept Plan Summary dated December 15, 1995, deleting item #2-A, and deleting item #2B and with the reflection that there is a 25' bufferyard on the portion of the property fronting F.M. 1709, 5' of which will be used to offset interior landscaping. Motion: Wambsganss Second: Evans Mayor Fickes read the caption of the ordinance. Ayes: Wambsganss, Evans, Hall, Maness, Muller, Fickes Nays: Richarme Approved: 6-1 vote Agenda Item #8-B, ZA 95-110, Preliminary Plat for Napa Valley, Phase II ZA 95-110, Preliminary Plat for Napa Valley Phase II, being 8.992 acres of land situated in the J.W. Hale Survey, Abstract No. 803, Tract 2A. Current zoning is "SF-20A" Single Family Residential. Owner: Norman J. Brown; Applicant: Napa Valley Estates II. SPIN Neighborhood #8. Karen Gandy, Zoning Administrator, commented that ten (10) notices were sent to property owners within the 200' notification area and no written responses have been received. On December 7, 1995, the Planning and Zoning Commission approved the Preliminary Plat, subject to the Plat Review Summary No. 1 dated December 1, 1995, as amended: 1) modifying item #7 (35' building setback line along the west lines of Lots 11 and 12) to provide a 35' building setback line along the full extent of the west line of Lot 11 and allow a 30' building setback line along Carlisle Lane for Lot 12; 2) deleting item #10-B (street stub into the east line of this site). Art Clayton, applicant, 1229 Lake Drive, Southlake. Mr. Clayton stated Lot 12 presently has a driveway that enters onto Continental Blvd. He asked that the stub street be deleted. Councilmember Wambsganss noted for the record, Council would be disappointed if Lot 12 ended up a commercial lot. It was planned from the beginning to be residential. Motion was made to approve ZA 95-110, subject to the Plat Review Summary dated December 15, 1995, deleting item #5. Motion: Richarme Second: Maness Ayes: Richarme, Maness, Muller, Wambsganss, Hall, Evans, Fickes Nays: None Approved: 7-0 vote 444 Regular City Council Meeting Minutes December 19, 1995 page ten Agenda Item #8-D, ZA 95-112, Preliminary Plat for South Hollow Addition ZA 95-112, Preliminary Plat for South Hollow, being 24.148 acre tract of land situated in the J.W. Hale Survey, Abstract No. 803, Tracts 2B and 2C. Current zoning is "SF-20A" Single- Family Residential District. Owners: Mrs. Robert Rockenbaugh and Joe L. Wright. Applicant: Vista Oaks Development. SPIN Neighborhood #8. Zoning Administrator Karen Gandy, noted that eight (8) notices were sent to property owners within the 200' notification area and three (3) written responses were received, from: John Craig, 4100 Beckley Court, Colleyville, in favor; Joe Cooper, 1550 Bent Creek Drive, Southlake, in favor.; and Ronald V. and Joni Washak, in favor. Paul McCracken, Carter & Burgess, was present to represent the applicant. Mr. McCracken stated they do understand and concur with the comments in the review letter and asked for item #4-A to be eliminated. Regarding item #6, they wish to eliminate the street stub to the west of the property. Motion was made to approve ZA 95-112, subject to the Plat Review Summary No. 2 dated December 15, 1995, deleting item #4-A. Motion: Wambsganss Second: Richarme Ayes: Wambsganss, Richarme, Hall, Evans, Maness, Muller, Fickes Nays: None Approved: 7-0 vote Agenda item #8-E, ZA 95-113, Preliminary Plat for Meadow Ridge Estates ZA 95-113, Preliminary Plat 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 "SF-20A" Single Family Residential. Owners: Mike and Ginger Jacobs, Dwaine Petty, and E.R.O. Development. Applicant: Briscoe Clark Company SPIN Neighborhood #8. Karen Gandy, Zoning Administrator, commented that twenty (20) notices were sent to property owners within the 200' notification area and three (3) written responses have been received, from: M.A. Schroetke, 211 Eastwood Drive, Southlake, opposed; Larry L. Ava Faughn, 215 Eastwood Drive, Southlake, opposed; and Jack Petty, 616 S. Kimball Avenue, in favor. Motion was made to approve ZA 95-113, subject to the Plat Review Summary No. 2 dated December 15, 1995. Motion: Maness Second: Evans Ayes: Maness, Evans, Muller, Richarme, Hall, Wambsganss, Fickes Nays: None 445 Regular City Council Meeting Minutes December 19, 1995 page eleven Agenda Item #8-E, Continued Approved: 7-0 vote Agenda Item #8-F, ZA 95-114, Preliminary Plat for Huse Homeplace ZA 95-114, Preliminary Plat for Huse Homeplace, being 16.63 acres of land situated in the R.D. Price Survey, Abstract No. 1207, Tract 2C. Current zoning is "SF-1A" Single-Family Residential District. Owner: Peggy Denton; Applicant: Tom Matthews. SPIN Neighborhood #3. Karen Gandy, Zoning Administrator, commented that fifteen (15) notices were sent to property owners within the 200' notification area and six (6) written responses have been received, from: James Burckhard, 1008 Quail Run Road, Southlake, in favor; Raymond & D. Chancellor, 890 Harbor Court, Southlake, in favor; David Alexander, 904 Quail Creek Court, Southlake, in favor; Bruce A. Knutzen 2910 Burney Lane, Southlake, in favor; Don S. Vaughn, 2940 Burney Lane, Southlake, in favor; and Marjorie Zielke, 1090 Burney Lane, Southlake, opposed. Mrs. Gandy added, on June 27, 1995, the City Council approved (5-2) ZA 95-33, Preliminary Plat for Huse Homeplace, subject to the third (3) preliminary plat review summary dated June 16, 1995, adding: City sanitary sewer, split rail fence on both sides with gate at the southern end, no street lights, private equestrian easement, easement maintenance by Huse Homeplace Homeowners's Association, and eleven (11) lots. This revised preliminary plat proposes six (6) lots and a new lot configuration. Tom Matthews, applicant, stated the new configuration with six lots, range from 1.97 to 3.11 acres each lot. They feel this is in keeping and compatible with the neighborhood and they wish approval with a private, shared access road. Councilmember Richarme asked what kind of standards will be used on the road? Greg Last replied, "above and beyond private road." Councilmember Wambsganss complimented Mr. Matthews on the revised project, however, expressed two concerns: access to Corps. land and the driveway. Mr. Matthews commented on the six (6) lot addition. He mentioned there is no equestrian easement that goes to corp. property. He stated he feels with lots as large as these, someone will probably have horses, and everyone can get to the Corps. property on their lot. With the eleven (11) lot subdivision, there were no trails. Allen Taylor, City Attorney stated when asked do we have an option of requiring a bicycle __. ' easement, "the City has the right to require a bicycle/equestrian easement. The 446 Regular City Council Meeting Minutes December 19, 1995 page twelve Agenda Item #8-F, Continued City would have to maintain it if we had an easement. There would be an issue with the Corps. of Engineers. We would not control the easement, the Corps. would." Mr. Matthews stated with this plan, everyone will be satisfied. Agenda Item #2-A, Executive Session, Continued Mayor Fickes informed the audience that Council would be returning to executive session pursuant to the Open Meetings Act, Chapter 551 of the Texas Government Code, Section 551.071 to seek the advice of the City Attorney with regard to this agenda item. Council adjourned to executive session at 11:15 p.m. Council returned to open session at 11:45 p.m. Agenda Item #2-B, Action Necessary/Executive Session, Continued No action was necessary as the result of the executive session. Agenda Item #8-F, Continued Mr. Matthews asked the City Council to approve this plat with the stipulation that there is an acceptable pedestrian easement that is a City of Southlake public pedestrian easement; (ie, it is the City's responsibility to erect the trail, maintain the trail that borders on it or whatever is appropriate) and an acceptable location that Mr. Matthews and the Park Department can work out. City Attorney, Allen Taylor, stated the Park Department would probably be a good source of approval because they would have the most input. Curtis Hawk, City Manager, stated we would need to talk with the Director of the Parks and Recreation Department, however, he feels the easement would just need to meet the City ordinances and regulations, and not be the responsibility of a particular department. Allen Taylor commented that he feels approval should be subject to a requirement that a pedestrian or equestrian access easement be reflected on the plat that would be usable for pedestrian or equestrian that connects the Corps. property to a portion of a public right-of-way, or in the alternative, the existing trail system serving the Harbor Oaks Development. 447 Regular City Council Meeting Minutes December 19, 1995 page thirteen Agenda Item #8-F, Continued There were several comments from the audience, identities unknown, with regards to the meaning of the attorney's comments. Motion was made to approve ZA 95-114, subject to the Plat Review Summary No. 2, dated December 15, 1995, deleting item #5, (the road between Harbor Oaks Court and Ridgecrest) adding that the City will require a useable pedestrian/equestrian trail easement, extending from the Corps. of Engineers property to a public right-of-way or the trail system now existing and serving the Harbor Oaks Addition. Motion: Richarme Second: Maness Ayes: Richarme, Maness, Hall, Evans, Muller, Wambsganss, Fickes Nays: None Approved: 7-0 vote Agenda Item #8-H, Ordinance No. 480-T, 1st reading amending the Zoning Ordinance No. 480 to allow for temporary outside storage for retail uses. Karen Gandy, Zoning Administrator, led the discussion on the first reading of Ordinance No. 480-T, amending Zoning Ordinance No. 480 to allow for temporary outside storage for retail uses, adding that the City Attorney's office has prepared the caption and legal boiler-plate of the ordinance and will complete the text of the ordinance after discussion of the proposed amendment during the first reading. Ms. Gandy stated there are two amendments to the Zoning Ordinance which staff was directed to pursue based on specific occurrences. The outside storage issue was raised by Wal-Mart who requested that ten (10) containers (approximately 8'X40'X10') be stored outside their building along the west property line of their property for the purpose of layaway storage from October 1-December 26. The second issue, placement of satellite dishes at service stations, was raised during the investigation of a code enforcement complaint received regarding the visibility of the satellite dish at the Texaco station located at the northwest corner of North White Chapel Blvd., and West Southlake Blvd. Ms. Gandy commented this was in violation to the Corridor Study. She does not see this type use being anywhere but on the corridor. Mike Carroll, General Manager, Wal-Mart, Southlake. Mr. Carroll thanked the City Council for letting them use outside storage while this ordinance is being processed. He stated there is not enough room in the store for holiday layaway, and it is not economical for Wal-Mart to build this small building. r._ 448 Regular City Council Meeting Minutes December 19, 1995 page fourteen Agenda Item #8-H, Continued Ms. Gandy stated she proposes this use be with a Specific Use Permit in the "C- 3" Zoning District, so that Council could put conditions on the permit and set a time limit. Councilmember Hall stated she is concerned with the City's ability to control the inevitable of what is seasonable and acceptable. Councilmember Muller stated a lot of work went into the Corridor Study and it does not allow for outside storage in the corridor. She asked that the record reflect that the hour is late and this item has been postponed several times. We have had citizens who wanted to participate and its 12:30 a.m. They are very concerned. She asked that the ordinance be tabled and be considered at another time, at a reasonable hour. Mayor Fickes suggested because this is a first reading we go ahead and approve the first reading, with the second reading being the public hearing and place it near the beginning of the meeting. Mayor Fickes also stated we have to recognize that if we are going to have businesses coming in to the community, there are a lot of things in business, with inventory, and such and that goes into trying to make a profit. We are trying to discourage the outside users, but we need to try to work with them, and come to solutions that will benefit everybody. We cannot ignore this issue with the amount of money coming in with sales tax. We need the businesses. Councilmember Richarme stated Wal-Mart is here today and they have planted greenery as discussed and will put in the fence. Anything we can do to work with Wal-Mart to help them get to the standard of appearance that we would like to get to, we need to do. If we trade that for letting them use storage containers, we are not hurting ourselves. Motion was made to approve the first reading of Ordinance No. 480-T. Motion: Wambsganss Second: Hall Mayor Fickes read the caption of the ordinance Ayes: Wambsganss, Hall, Evans, Maness, Richarme, Fickes Nays: Muller Approved: 6-1 vote Councilmember Richarme asked of those citizens who expressed concerns, if we could request those citizens work with staff and Muller on solutions. 449 Regular City Council Meeting Minutes December 19, 1995 page fifteen Agenda Item #8-I, Ordinance No. 651, 1st reading, Regulating Concealed Handguns. This ordinance was not discussed during tonight's meeting. Agenda item #8 J. Ordinance No. 653, 1st reading Creating a Senior Advisory Commission Director of the Park and Recreation Department, Kim McAdams, has been working with seniors in the community to formulate a Senior Advisory Commission. Lloyd O. Latta and Kelly Bradley presented their ideas at the last City Council meeting, which have been incorporated into the ordinance. Councilmember Richarme asked for some statistics on the numbers of Southlake seniors. He also noted the request for age categories being added to the ordinance. Allen Taylor stated the issue was discussed and determined that it would be impossible to regulate the age factor of commission members. Motion was made to approve 1st reading of Ordinance No. 653. i Motion: Richarme Second: Hall Mayor Fickes read the caption of the ordinance. Ayes: Richarme, Hall, Evans, Wambsganss, Maness, Muller, Fickes Nays: None Approved: 7-0 vote Agenda Item #10-A, Developer Agreement. for Stonebury Addition. Bob Whitehead, Director of Public Works, stated the usual requirements for cash escrow, letters of credit, performance bonds or payment bonds are stated within the agreement. There are 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 are completed. This part of the agreement will become "standard" language for all �', future developer agreements. 450 Regular City Council Meeting Minutes December 19, 1995 page sixteen Agenda Item #10-A, Continued * 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 Blvd. in the amount of $9,673.60. * Section B, page 10 states that the Developer agrees to pay park fees in the amount of $16,500 (33 lots X $500). * Section C, page 10 has been amended from PERIMETER STREET ORDINANCE TO STREET ACCESS FEES per request of the Developer. * Section E, page 10 and 11 concerns the residential drainage issue. During the July 18, 1995 Council meeting, Council decided that the Developer would place money in an escrow account for drainage problems. Since the July 18th Council meeting, the Developer and Mr. Baker have established an agreement. The letter agreement between Developer and Mr. Baker and a letter from Mr. Perkins, dated December 13, 1995, requesting that this letter agreement be in lieu of this escrow account and be made part of the Developer Agreement. Motion was made to approve the Developer Agreement for Stonebury Addition. Motion: Richarme Second: Muller Ayes: Richarme, Muller, Maness, Evans, Hall, Wambsganss, Fickes Nays: None Approved: 7-0 vote Agenda Item #10-B, Developer Agreement for Wright Professional Building. Bob Whitehead, Director of Public Works, stated the commercial developer agreement for Wright Professional Building contains the usual requirements of cash escrow, Letter of Credit, performance or payment bond. There are some changes in the standard agreement. 451 Regular City Council Meeting Minutes - December 19, 1995 page seventeen Agenda Item #10-B, Continued * Strikeouts throughout the Agreement delete the language regarding streets, water, and drainage facilities. * Page 2 contains strikeouts. This construction only pertains to the sanitary sewer facilities. However, the three percent (3%) inspection fee and two percent (2%) Administrative Processing Fee are required. * Page 8, Section A schedules the pro rata reimbursements of Lots 5 and 6 that will utilize the sewer in the future. Wright Professional Building will install the sewer along the back of the property and across to the main in North White Chapel. * Page 9, Section B, stated that Developer agrees to pay park fees in the amount of $493.50. Dr. Wright was present for the meeting to answer questions of Council. Motion was made to approve the Commercial Developer Agreement for Wright Professional Building as presented. Motion: Richarme Second: Evans Ayes: Richarme, Evans, Hall, Wambsganss, Maness, Muller, Fickes Nays: None Approved: 7-0 vote Agenda Item #7-A, Ordinance No. 483-E, 2nd reading, amending the Subdivision Ordinance, addressing private streets. Ordinance No. 483-E, 2nd reading, amending the Subdivision Ordinance No. 483, addressing private streets, was presented by Greg Last, Director of Community Development. Mr. Last stated on October 19, 1995, the Planning and Zoning Commission approved draft #3 of the proposed revision to the Subdivision Ordinance No. 483-E, with minor amendments by a vote of 7-0. On November 7, 1995, the City Council voted to table the first reading until November 21. At the December 5, 1995 meeting the City Council approved the first reading with the following changes: 1) private streets must have a gated or manned entry; 2) private streets would not be allowed for new subdivisions; 3) revise criteria to apply to existing subdivisions; _ and 4) modify the definition of existing subdivisions so that 75% of the lots must have homes constructed before consideration of private streets. In addition, the City Attorney, proposed a "reformatting" of the ordinance, in order to aid in the enforceability of the ordinance. 452 Regular City Council Meeting Minutes December 19,1 995 page eighteen Agenda Item #7-A. Continued The public hearing resulted with no comments from the audience. Motion was made to approve 2nd reading of Ordinance No. 483-E. Motion: Richarme Second: Wambsganss Mayor Fickes read the caption of the ordinance. Ayes: Richarme, Wambsganss, Hall, Evans, Maness, Muller, Fickes Nays: None Approved: 7-0 vote Agenda Item #7-B, Ordinance No. 650, 2nd reading clarifying the official names of various streets within the City. Greg Last, Director of Community Development, stated to resolve the residents requests in name inconsistencies of streets along Shady Lane, he reviewed 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. The street name inconsistencies were discussed at the November 16 SPIN#6 meeting and unanimity of names was reached from those present. The public hearing resulted with no comments from the audience. Motion was made to approve 2nd reading of Ordinance No. 650. Motion: Wambsganss Second: Richarme Mayor Fickes read the caption of the ordinance. Ayes: Wambsganss, Richarme, Hall, Evans, Maness, Muller, Fickes Nays: None Approved: 7-0 vote Agenda Item #11-A, Discussion: Complaint System No comments were made regarding the Complaint System for the City. Agenda Item #11-B, Discussion: Joint Election Locations between City/CISD Kevin Hugman, Assistant to the City Manager, brought forward a discussion regarding the possibility of joint polling locations for the City and Carroll ISD for early voting and regular voting in the May, 1996 General Election. He informed Council that this item has been discussed during the November 14 Joint Utilization Committee. The City Secretary, Sandy 453 Regular City Council Meeting Minutes - December 19, 1995 \, page nineteen Agenda Item #11-B, Continued LeGrand, and Karen House, CISD Director of Financial Services, were present to answer the JUC's questions. The City and CISD staff is studying potential sites for a joint polling location and resolving logistical issues. Councilmember Richarme, the Council representative for JUC, stated because of so much request for joint polling, this is something being looked at for the May, 1996 General Election. If it does not work, then next year the City would go back to their own separate locations. Agenda Item #2-A, Executive Session Continued Mayor Fickes advised the audience that Council would be returning to executive session pursuant to the Texas Open Meetings Act, Chapter 551 of the Texas Government Code, Section 551.071, 551.072, 551.074, 551.076 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 12:55 a.m. Council returned to open session at 1:20 a.m. Agenda Item #2-B, Action Necessary No action was necessary as the result of the executive session. Agenda Item #12, Adjournment The meeting was adjourned by Mayor Gary Fickes at 1:28 a.m. Mayor y Fic es A 'EST: keltik Sandra L. LeGrand City Secretary cc:\wpfiles\12-19-95\min\s1