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2005-11-01 I T I. I I I I I I I I. I I I I I I I I. I OFFICIAL RECORD CITY OF SOUTHLAKE REGULAR CITY COUNCIL MEETING MINUTES: NOVEMBER 1. 2005 LOCATION: 1400 Main Street, Southlake, Texas Council Chambers in Town Hall CITY COUNCIL PRESENT: Mayor Andy Wambsganss, Mayor Pro Tem Keith Shankland, and Deputy Mayor Pro Tem Carolyn Morris; and Councilmembers Laura K. Hill, Gregory Jones and Virginia M. Muzyka. CITY COUNCIL ABSENT: Councilmember John Terrell. STAFF PRESENT: City Manager Shana Yelverton, Assistant City Manager Jim Blagg, Assistant to the City Manager Ben Thatcher, Office ManagerlPublic Information Officer Kim Bush, Manager of Technical Services Gary Gregg, Audio Visual System Technician Pam Jordan, Library Administrator Kerry McGeath, Director of Community Services Steve Polasek, Director of Economic Development Greg Last, Director of Finance Sharen Jackson, Director of Human Resources Kevin Hugman, Director of Planning Ken Baker, Chief Planner Dennis Killough, Director of Public Safety Rick Smith, Chief of Fire Services Robert Finn, Chief of Police Services Wade Goolsby, Interim Director of Public Works Charlie Thomas, Construction Manager Clayton Redinger, Public Works Operations Manager Chuck Kendrick, City Attorney Tim Sra11a, and City Secretary Lori Farwell. WORK SESSION: The work session was called to order by Mayor Wambsganss at 5:59 p.m. City Council reviewed the agenda items with city staff and applicants. The following items were added to the consent agenda: 9A to table to the November 15, 2005 meeting; and lOA to table to the November 15, 2005 meeting. The work session ended at 6:27 p.m. Deputy Mayor Pro Tem Morris had to leave the meeting. REGULAR SESSION: Agenda Item No.1. Call to order. The regular session was called to order by Mayor Wambsganss at 6:27 p.m. Agenda Item No. 2A. Executive Session. Mayor Wambsganss announced City Council would be going into Executive Session pursuant to the Texas Government Code, Section 551.071, consultation with city attorney; Section 551.072, deliberation regarding real property; and Section 551.087, deliberation regarding economic development negotiations. City Council adjourned for Executive Session at 6:27 p.m. Executive Session began at 6:45 p.m. and ended at 7:04 p.m. Agenda Item No. 2B. Reconvene. Mayor Wambsganss reconvened the regular meeting at 7:18 p.m. Mayor Wambsganss asked if any motion was necessary from executive session. No action was necessary. REGULAR CITY COUNCIL MEETING MINUTES, NOVEMBER 1, 2005 Page 1 of 11 I I. I I I I I I I I. I I I I I I I I. I Agenda Item No.3. Invocation. The invocation was given by Tom Pennington from Countryside Bible Church. Mayor Wambsganss led the pledge of allegiance. Agenda Item No. 4A. Mavor's Report. Mayor Wambsganss announced upcoming meetings and events. Agenda Item No. 4Al. Special presentation to State Rq>resentative Vicki Truitt. Mayor Wambsganss presented a gift of thanks to State Representative Truitt. Agenda Item No. 4B. City Manaszer's Reoort. City Manager Yelverton formally introduced newly appointed Assistant City Manager Jim Blagg, Director of the Department of Public Safety Rick Smith, and Director of Community Services Steve Polasek. Agenda Item No. 4C. School Board Rq>ort. Diane Frost, Interim Superintendent of Carroll Independent School District, updated Council on the upcoming bond election. CONSENT AGENDA: Consent agenda items are considered to be routine by the City Council and are enacted with one motion. Agenda Item No. 5A. Approve the minutes for the October 11. 2005 City Council work session and the October 18. 2005. relZUlar City Council meeting. Approved as presented. Agenda Item No. 5B. Award the bid for the construction of the Florence 1.5 MG Elevated Composite Water Storage Tank to Landmark Structures in the amount of $2.460.100.00 Approved as presented. Agenda Item No. 5C. Resolution No. 05-059. Endorse the anplication for fundinsz the Pearson Lane and F.M. 1709 Intersection Improvements through the RTC Partnership Program 3 Call for Proiects. Director Baker presented this item to Council.during the work session. In accordance with Section 4.21 of the City Charter, the caption for this term is listed as follows: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS, AUTHORIZING AND ENDORSING THE APPLICATION FOR FUNDING FROM THE NORTH CENTRAL TEXAS COUNCIL OF GOVERNMENTS RTC PARTNERSHIP PROGRAM 3: ARTERIAL INSTERSECTIONS AND BOTTLENECK IMPROVEMENTS FOR THE ULTIMATE CONSTRUCTION OF THE F.M. 1709 / PEARSON LANE / UNION CHURCH INTERSECTION. Aszenda Item No. 5D. Resolution No. 05-064. Endorse the application for funding the capacity improvements of North White Chanel Boulevard from Highland Avenue to Emerald Boulevard through the RTC Partnership Program 3 Call for Proiects. Director Baker presented this item to Council during the work session. In accordance with Section 4.21 of the City Charter, the caption for this term is listed as follows: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS, AUTHORIZING AND ENDORSING THE APPLICATION FOR FUNDING FROM THE REGULAR CITY COUNCIL MEETING MINUTES, NOVEMBER 1, 2005 Page 2 of 11 I I. I I I I I I I I. I I I I I I I I. I NORTH CENTRAL TEXAS COUNCIL OF GOVERNMENTS RTC PARTNERSHIP PROGRAM 3: ARTERIAL STREETS PROGRAM FOR THE CONSTRUCTION OF WHITE CHAPEL BOULEVARD FROM HIGHLAND STREET TO EMERALD BOULEVARD FROM A TWO LANE UNDIVIDED FACILITY TO A FOUR LANE DIVIDED FACILITY WITH A PEDESTRIAN/ BICYCLE TRAIL. Agenda Item No. 5E. Aoorove a grazing lease between City of Southlake and Roger Hutton. Approved as presented. Agenda Item No. SF. Authorize the Mayor to enter into an Interloca1 Agreement with Carroll Independent School District for the provision of School Resource Officers. outlining their duties. and establishing remuneration for services. Approved as presented. Agenda Item No. 5G. Ordinance No. 480-DDD. 1st Reading. An amendment to the Comprehensive Zoning Ordinance No. 480. as amended. as it pertains to Section 16. MF-l Two Family Residential District. Approved to table to the January 3,2006, City Council meeting. Agenda Item No. 9A. Resolution No. 05-063. Appoint members to the Joint Drug and Alcohol Awareness Committee. Approved to table to the November 15,2005, City Council meeting. Agenda Item No. lOA. Placement of Historic Log Cabin. Director Polasek presented this item to Council during the work session. He presented two recommended sites for placement of the log cabin to Council, Noble Oaks Park and Summit Park in Southlake Town Square. Brian Stebbins, developer of Southlake Town Square, read a letter into the record. He requested that Council not place the log cabin in Summit Park in Southlake Town Square. Lou Ann Heath, President of the Southlake Historical Society, stated her support for Summit Park in Southlake Town Square. Due to the absence of two Councilmembers, it was decided to table this item until the next Council meeting. Motion was made to approve consent agenda items SA; 5B; 5C; 5D; 5E; SF; 5G to table to the January 3, 2006, City Council meeting; 9A to table to the November 15, 2005, City Council meeting; and lOA to table to the November 15, 2005, City Council meeting. Motion: Jones Second: Muzyka Ayes: Hill, Jones, Muzyka, Shankland, Wambsganss Nays: None Approved: 5-0 REGULAR AGENDA: Agenda Item No.6. Public Forum. No one spoke. REGULAR CITY COUNCIL MEETING MINUTES, NOVEMBER 1, 2005 Page 3 of 11 I I. I I I I I I I Ie I I I I I I I Ie I Agenda Item No. 7 A. Ordinance No. 480-464a. 2nd Reading (ZA05-117t Zoning Change and Site Plan for Baylor Family Health Center at Southlake. located on the south side of East Southlake Boulevard. ap,proximatelv 550 feet east of Byron Nelson Parkway at 155 Pecan Creek Drive. Current Zoning: S-P-l Detailed Site Plan District. Reauested Zoning: S-P-l Detailed Site Plan District. SPIN Neighborhood #ge. Chief Planner Killough presented this item to Council. In accordance with Section 4.21 of the City Charter, the caption for this term is listed as follows: AN ORDINANCE AMENDING ORDINANCE NO. 480, AS AMENDED, THE COMPREHENSNE ZONING ORDINANCE OF THE CITY OF SOUTHLAKE, TEXAS; GRANTING A ZONING CHANGE ON A CERTAIN TRACT OR TRACTS OF LAND WITHIN THE CITY OF SOUTHLAKE, TEXAS BEING LEGALLY DESCRIBED AS LOT 2, PECAN CREEK ADDITION AND PORTIONS OF THE PREVIOUSLY EXISTING DILG PLACE, BEING 4.35 ACRES, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "S-P-l " DETAILED SITE PLAN DISTRICT WITH LIMITED "0-1" OFFICE DISTRICT USES TO "S-P-l" DETAILED SITE PLAN DISTRICT WITH LIMITED "0-1" OFFICE DISTRICT USES, AS DEPICTED ON THE APPROVED SITE PLAN ATTACHED HERETO AND INCORPORATED HEREIN AS EXHIBIT "B", SUBJECT TO THE SPECIFIC REQUIREMENTS CONTAINED IN THIS ORDINANCE; CORRECTING THE OFFICIAL ZONING MAP; PRESERVING ALL OTHER PORTIONS OF THE ZONING ORDINANCE; DETERMINING THAT THE PUBLIC INTEREST, MORALS AND GENERAL WELFARE DEMAND THE ZONING CHANGES AND AMENDMENTS HEREIN MADE; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATNE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY FOR VIOLATIONS HEREOF; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTNE DATE. No one spoke during the public hearing. Motion was made to approve Ordinance No. 480-464a, 2nd Reading (ZA05-117), Zoning Change and Site Plan for Baylor Family Health Center at Southlake subject to Site Plan Review Summary No.1, dated October 26, 2005, and subject to the approval at first reading. Motion: Jones Second: Muzyka Ayes: Hill, Jones, Muzyka, Shankland, Wambsganss Nays: None Approved: 5-0 Mayor Wambsganss recused himself from participation on Agenda Item No. 7B and left the room. Mayor Pro Tem Shankland ran the meeting for that item. Agenda Item No. 7B. ZA05-087. Site Plan for Lot 7. Players Circle Addition. located on the south side of West Southlake Boulevard at the intersection of West Southlake Boulevard and Meadowlark Lane. Current Zoning: C-3 General Commercial District. SPIN Neighborhood #16. Chief Planner Killough presented this item to Council. REGULAR CITY COUNCIL MEETING MINUTES, NOVEMBER 1, 2005 Page 4 of 11 I I. ~ II.,.. I ~ ~ II ~ I.......' . ..~..... I.....".. ~'.& I. I . I I I I I I. I No one spoke during the public hearing. Motion was made to approve ZAOS-087, Site Plan for Lot 7, Players Circle Addition, subject to Site Plan Review Summary No.3, dated October 14, 200S. Motion: Jones Second: Muzyka Ayes: Hill, Jones, Muzyka, Shankland Nays: None Abstains: Wambsganss Approved: 4-0-1 Mayor Wambsganss reentered the room. Agenda Item No. 7C. Resolution No. OS-060. (ZAOS-I0S). S\lecific Use Permit to allow a tent for the pwpose of promoting: retail sales at Anderson's Furniture located at 2140 East Southlake Boulevard. Current Zoning: C-3 General Commercial District. SPIN Neighborhood #8. Chief Planner Killough presented this item to Council. Applicant Paula Hemple, 983 Village Parkway, Coppell, Texas, answered Council's questions. In accordance with Section 4.21 of the City Charter, the caption for this term is listed as follows: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS, GRANTING A SPECIFIC USE PERMIT FOR A TENT FOR THE PURPOSE OF PROMOTING RETAIL SALES ON PROPERTY WITHIN THE CITY OF SOUTHLAKE, TEXAS, LOCATED AT 2140 E. SOUTHLAKE BOULEVARD, SUITE R, BEING LEGALLY DESCRIBED AS A PORTION OF LOT 3, BLOCK 1, VILLAGE CENTER, PHASE 1, MORE FULLY AND COMPLETELY DESCRIBED IN EXHffiIT "A", AND AS DEPICTED ON THE APPROVED CONCEPT PLAN ATTACHED HERETO AND INCORPORATED HEREIN AS EXHIBIT "B" AND PROVIDING AN EFFECTIVE DATE. No one spoke during the public hearing. Motion was made to approve Resolution No. OS-060, (ZAOS-lOS), Specific Use Permit to allow a tent for the purpose of promoting retail sales at Anderson's Furniture, as requested, from November 4 through November 12, 200S, from the hours of8:00 a.m. to S:oo p.m. Motion: Shankland Second: Muzyka Ayes: Jones, Muzyka, Shankland, Wambsganss Nays: Hill Approved: 4-1 Agenda Item No. 7D. Resolution No. OS-061. (ZAOS-I06). Specific Use Permit for the sale of alcoholic beverages at The Cheesecake Factory located at 1440 Plaza Place. Current Zoning: DT Downtown District. SPIN Neiimborhood #8. Chief Planner Killough presented this item to Council. Applicant David Crock, 2313 Skyharbor Drive, PIano, Texas, answered Council's questions. In accordance with Section 4.21 of the City Charter, the caption for this term is listed as follows: REGULAR CITY COUNCIL MEETING MINUTES, NOVEMBER 1, 2005 Page 5 of 11 I I '. II r 'I.'"," l:i~":" .- I'.." .i:':.~ I I I I I I I- I A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS, GRANTING A SPECIFIC USE PERMIT FOR THE SALE OF ALCOHOLIC BEVERAGES ON PROPERTY WITHIN THE CITY OF SOUTHLAKE, TEXAS, BEING 1440 PLAZA PLACE, BEING LEGALLY DESCRIBED AS A PORTION OF TRACT 2AS, SITUATED IN THE R. EADS SURVEY, ABSTRACT NO. 481, MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A", AND AS DEPICTED ON THE APPROVED DEVELOPMENT PLAN ATTACHED HERETO AND INCORPORATED HEREIN AS EXHIBIT "B" AND PROVIDING AN EFFECTIVE DATE. No one spoke during the public hearing. Motion was made to approve Resolution No. 05-061, (ZA05-106), Specific Use Permit for the sale of alcoholic beverages at The Cheesecake Factory for the term of the lease which is 20 years. Motion: Second: Ayes: Nays: Approved: Jones Shankland Hill, Jones, Muzyka, Shankland, Wambsganss None 5-0 Agenda Item No. 7E. ZA05-114. Concept Plan for Hi2hland Meadow Montessori Academv- Multi-Use Facilitv located at 1060 East Highland Street. Current Zoning: CS Community Service District. SPIN Nei2hborhood #5. Chief Planner Killough presented this item to Council. Applicant Dennis Moore from KPA, 5337 Fort Concho, Fort Worth, Texas, and School Administrator Pat Howard answered Council's questions. No one spoke during the public hearing. Motion was made to approve ZA05-114, Concept Plan for Highland Meadow Montessori Academy - Multi-Use Facility, subject to Concept Plan Review Swnmary No.2, dated October 14, 2005, as approved by the Planning and Zoning Commission and granting requested variances. Motion: Second: Ayes: Nays: Approved: Shankland Jones Hill, Jones, Muzyka, Shankland, Wambsganss None 5-0 Agenda Item No. 7F. Resolution No. 05-062. (ZA05-123). Specific Use Permit to allow a kennel - Dirty Dawgz Enterprises located at 2155 West Southlake Boulevard. Current Zoning: C-3 General Commercial District. SPIN Neighborhood #8. Chief Planner Killough presented this item to Council. Applicants Minan Hammer, 6623 Gretchen Lane, Dallas, Texas, and Vhea Cannon, 5200 Meadow Creek, Dallas, Texas, answered Council's questions. Business partner Jeff Martin, 5703 Bordeaux, Dallas, Texas, presented information and answered Council's REGULAR CITY COUNCIL MEETING MINUTES, NOVEMBER 1, 2005 Page 6 of 11 :J :3 . :J I :I ~I :. I .""'.."" ;',' .e I I I I I I I .e I questions. After discussion, the applicants asked to table this item so they can bring back design renderings of the proposed store. Mary Ann Troisi, 3100 Monticello, Dallas, Texas, represented the landlord and owner of Southlake Marketplace as well as the Mockingbird Square, Lakewood Village, in Dallas. She answered Council's questions and presented information about the current Dirty Dawgz location in Dallas. In accordance with Section 4.21 of the City Charter, the caption for this term is listed as follows: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS, GRANTING A SPECIFIC USE PERMIT FOR A KENNEL ON PROPERTY WITHIN THE CITY OF SOUTHLAKE, TEXAS, LOCATED AT 2001 W. SOUTHLAKE BOULEV ARO, SUITE 131, BEING LEGALLY DESCRIBED AS A PORTION OF LOT 7, BLOCK 1, SOUTHLAKE CROSSING PHASE II, MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A", AND AS DEPICTED ON THE APPROVED CONCEPT PLAN ATTACHED HERETO AND INCORPORATED HEREIN AS EXHIBIT "B" AND PROVIDING AN EFFECTIVE DATE. No one spoke during the public hearing. Motion was made to table Resolution No. 05-062, (ZA05-123), Specific Use Permit to allow a kennel- Dirty Dawgz Enterprises to the November 15,2005, City Council meeting. Motion: Shankland Second: Jones Ayes: Hill, Jones, Muzyka, Shankland, Wambsganss Nays: None Approved: 5-0 to table Agenda Item No. 8A. Ordinance No. 480-EEE. 1st Reading. An amendment to the Comprehensive Zoninll Ordinance No. 480. as amended. as it oertains to Section 29. MH Manufactured Housinll District. Chief Planner Killough presented this item to Council. Motion was made to approve Ordinance No. 480-EEE, 1st Reading, An amendment to the Comprehensive Zoning Ordinance No'. 480, as amended, as it pertains to Section 29, MH Manufactured Housing District subject to the approval of the Planning and Zoning Commission. Motion: Jones Second: Shankland Ayes: Hill, Jones, Muzyka, Shankland, Wambsganss Nays: None Approved: 5-0 Mayor Wambsganss called for a break at 8:38 p.m. Mayor Wambsganss reconvened the meeting at 8:51 p.m. REGULAR CITY COUNCIL MEETING MINUTES, NOVEMBER 1, 2005 Page 70f11 I I. I I I I I I I I. I I I I I I I I. I Agenda Item No. 8B. Ordinance No. 480-468. 1st Reading (ZA05-103t Zoning Change and Develooment Plan for Westwvck Hills. being aooroximatelv 43.5 acres located at the 1300 and 1500 block of Randol Mill Avenue and the. 2000 block of Morgan Road. Current Zoning: AG AlZricultura1 District. RE Single Familv Residential Estate District and SF-IA Single Familv Residential District. Requested Zoning: R-PUD Residential Planned Unit Development District. SPIN Neie:b.borhood #12. Chief Planner Killough presented this item to Council in conjunction with items 8C and 8D. Applicant Tom Matthews, President of Four Peaks Development, Inc., made a presentation to Council and answered Council's questions. Mr. Matthews gave Council a letter detailing restrictions to his original plan. Engineer Bob Zollars of Huitt-Zollars Engineers, 3131 McKinney Avenue, Dallas, Texas, presented the drainage plan to Council and discussed drainage issues with them. Mayor Wambsganss allowed audience members to speak. Greg and Nancy Morgan, 1356 Lakeview Drive, Southlake, Texas, spoke in opposition to this item. They presented Council with a letter detailing their concerns which are primarily related to drainage. Bob Piepert, 1340 Woodbrook Court, Southlake, Texas, spoke in opposition to this item. His concerns are primarily related to drainage. He asked that the length of the bond be increased to five years. 10hn Kark, 1364 Lakeview Drive, Southlake, Texas, spoke in opposition to this item. He stated his concern about the placement of a sanitary sewer easement along his property and how it will affect his property. 10hn Smart, 1577 Randol Mill, Southlake, Texas, spoke in support of this item. Mayor Wambsganss read cards of those who did not wish to speak but wanted to record their opposition: Barbara Walsh, 1355 Lakeview Drive, Southlake, Texas; Aline and Steve Perry, 1356 Woodbrook Lane, Southlake, Texas; Rick and Deni Pierce, 1367 Lakeview Drive, Southlake, Texas; Beverly Harden, 1358 Woodbrook Lane, Southlake, Texas; Marlo and Terry Schrader, 1358 Lakeview Drive, Southlake, Texas; Danny and Martha Lane King, 1360 Lakeview Drive, Southlake, Texas; Barbara Atkins, 1345 Forest Lane, Southlake, Texas; Mona Malloy, 1359 Lakeview Drive, Southlake, Texas; lerry and Kathryn Lawlor, 1217 Morgan Road, Southlake, Texas; and, Thomas O'Brien, 1362 Lakeview Drive, Southlake, Texas. Mayor Wambsganss read cards of those who did not wish to speak but wanted to record their support: REGULAR CITY COUNCIL MEETING MINUTES, NOVEMBER 1, 2005 Page 8 of 11 I I. I I I I I i I I I. I I I I I I I I. I P.B and Pam Moore, 1221 Morgan Road, Southlake, Texas (conditional support subject to the incorporation of the applicant's letter to Council); Ron Landy, 1342 Forest Lane, Southlake, Texas; and, Valerie Clark, 755 Randol Mill Avenue, Southlake, Texas. Robert Downard, 1255 Randol Mill Avenue, spoke in support. Fred Sharp and Sherri Ross, 1354 Lakeview Drive, Southlake, Texas, stated their concerns about drainage. They raised issues relating to existing surface aquifers and springs in the area. Council continued their discussion of this item. They asked questions of Mr. Matthews and Mr. Zollars. Eddie Cheatham of Cheatham & Associates made a presentation and answered questions of Council relating to his independent review of the drainage plan. Motion was made to approve Ordinance No. 480-468, 1st Reading (ZA05-103), Zoning Change and Development Plan for Westwyck Hills subject to Development Plan Review Summary No. 3, dated October 26, 2005; subject to the applicant's letter dated October 31, 2005; further identifying the pedestrian way will be a sidewalk with connectivity to the Cross Timber Hills subdivision; requiring the concrete in the drainage area to be stained to a natural color; allowing the cul-de-sac parking plan #2 presented tonight with a grasscrete material; subject to Mr. Matthews' Powerpoint presentation; subject to Mr. Zollars' Powerpoint presentation; approval is subject to the Land Use Plan because it allows for a cluster option and the preservation of trees as well as the creation of additional amenities; accepting Mr. Zollars' commitment to provide plans and, after development is completed, will certify the numbers meet the current water flow and rate calculations as originally believed; and including run-off calculations relating to irrigation in the developed area after development is completed. Motion: Jones Second: Hill Ayes: Hill, Jones, Muzyka, Shankland, Wambsganss Nays: None Approved: 5-0 Agenda Item No. 8C. Ordinance No. 480-469. 1st Reading (ZA05-109t Zoning Change for oroperty located at 1583 Randol Mill Avenue. being aooroximately 1.804 square feet. described as a portion of Tract IF. J. Childress Survey. Abstract No. 253. Current Zoning: AG Agricultural District. Reauested Zoning: SF-IA Single Family Residential District. SPIN Neighborhood #12. Chief Planner Killough presented this item in conjunction with items 8B and 8D. Motion was made to approve Ordinance No. 480-469, 1st Reading (ZA05-109), Zoning Change for property located at 1583 Randol Mill Avenue. Motion: Jones Second: Hill Ayes: Hill, Jones, Muzyka, Shankland, Wambsganss Nays: None REGULAR CITY COUNCIL MEETING MINUTES, NOVEMBER 1, 2005 Page 90f11 I I. I I I I I I I I. I I I I I I I I. I J\pproved: 5-0 J\genda Item No. 80. Ordinance No. 480-470. 1st Reading CU05-1I0t Zonin~ Cha1lfze for property located at 1581 Randol Mill J\venue. being approximately 0.48 acres. described as a portion of Lot 4. J. Childress No. 253 J\ddition. Current Zonin2: RE Sin21e Family Residential Estate District. Reauested Zoning: SF-1J\ Sin~e Family Residential District. SPIN Neighborhood #12. Chief Planner Killough presented this item in conjunction with items 8B and 8C. Motion was made to approve Ordinance No. 480-470, 1st Reading (U05-11 0), Zoning Change for property located at 1581 Randol Mill J\ venue. Motion: Jones Second: Hill J\yes: Hill, Jones, Muzyka, Shankland, Wambsganss Nays: None J\pproved: 5-0 Mayor Wambsganss called for a break at 11 :20 p.m. Mayor Wambsganss reconvened the meeting at 11 :32 p.m. J\2enda Item No. 8E. Ordinance No. 480-471. 1st Reading CU05-108t Zoning Change and Site Plan for Lots 2 and 3. Block A Commerce Business Park: bein2 approximately 4.24 acres located at 275 throu2h 325 Commerce Street. Current Zoning: 1-1 Light Industrial District. Requested Zonin2: S-P-l Detailed Site Plan District. SPIN Neighborhood #7. Chief Planner Killough presented this item to Council. J\pplicant Randy Pack made a presentation to Council and answered questions. Motion was made to approve Ordinance No. 480-471, 1st Reading (U05-108), Zoning Change and Site Plan for Lots 2 and 3, Block)\, Commerce Business Park, subject to Revised Site Plan Review Summary No.1, dated October 26, 2005; subject to the recommendations of the Planning and Zoning Commission; recognizing the applicant's agreement to meet with staff before the second reading on parking ratios and specific uses; requiring the reciprocal parking agreement to run with the land; and recognizing the applicant's agreement to upgrade landscaping if necessary. Motion: Shankland Second: Jones J\yes: Hill, Jones, Muzyka, Shankland, Wambsganss Nays: None J\pproved: 5-0 J\genda Item No. llJ\. State Highway 114 - Carroll J\venue (Texas turnaround) bridge through the RTC Partnership Program 3 Call for Proiects. Director Baker presented this item to Council during the work session. J\genda Item No. 12. Meeting adiourned. Mayor Wambsganss adjourned the meeting at 11:52 p.m. REGULAR CITY COUNCIL MEETING MINUTES, NOVEMBER 1, 2005 Page 10 of 11 I I. I I I I I I I I. I I I I I I I I. I *An audio recording of this meeting wiD be permanently retained in the City Secretary's Office. ATTEST: k~a~ Lori A. Farwell, TRMC City Secretary ~ ,~ :) { Andy Wambsganss Mayor "".....""" """ sOU TH.~""',- ,"o~ ......... ",- $ .... .. \(' \ ~~. ..~-:. :: I- .. * \ ..0\ ': - - . .~- :U: : : ~ : : : ~ ~ . = -:.... .. 0, ~ ". .. ~ -;"" ............ .$ " ... ," ". 'T** ".... 'I'",......",,' -- REGULAR CITY COUNCIL MEETING MINUTES, NOVEMBER 1, 2005 Page 11 of11 CONFLICT OF INTEREST AFFIDAVIT THE STATE OF TEXAS § X1 COUNTY OF TARRANT § I, ,4v/ itAy as a m tuber of the y'tir 107/�G < (�of the City of Southlake, make this affidakit and hereby 6n oath state the fo lowing: I, my spouse, and/or a person or persons related to me within the first degree of consanguinity or affinity, have a substantial interest in a business entity or real property as defined in Chapter 171, Texas Local Government Code, and/or City of Southlake Ordinance No. 635 and a vote is to be taken or a decision is to be made that will have a special economic effect on this business entity or real property. The agenda item affecting this business entity or real property is: COMPLETE (A) or (B): (A) The business entity is r- Die . a./44(-l/6 ) 4C - 73, ii7 or (B) The real property is located at: I'have a substantial interest bee I, my spouse, and/or a person or persons related to me within the first degree of consanguinity or affinity have the following relationship to the business entity or real property which will likely be affected by the vote on the above - referenced agenda item: (check all which are applicable) Ownership of 10% or more of the voting stock or shares of the business entity. Ownership of 10% or more or $5,000 or more of the fair market value of the business entity. Funds received from the business entity exceed 10% of gross income for the previous year. Hold a position of member of the board of directors or other governing board of the business entity. Serve as an elected officer of the business entity. An employee of the business entity. Creditor, debtor or guarantor of the business entity in the amount of five thousand dollars ($5,000.00) or more. Property of the person has been pledged to the business entity or is subject to a lien in favor of the business entity in the amount of five thousand dollars ($5,000.00) or more. Have an equitable or legal ownership of real property with a fair market value of at least $2,500. I / AcrvA-t— 095 07/72✓"✓ /-�'4 C� / ffL cri c� Other: � A' • G G C _ iv�'G /G ,T' ',/ Ji O/` ��C� / Gt I07 /C 3 k4- ffNj� p/Z /. /2 � i � - i -7 -/ 77/6 A'S / 7 y 4i J ' !.a/z 7 i�i�Z Ei�i�L A/87`" !.e/%'�/7 rn / p D 4e,/1/,`" c OC Upon filin o t is of 1 avit with the Lity Secretary, I affirm that I will abstain from voting on any decision and from any further participation by discussion or debate regarding the above - referenced agenda item. I also affirm that this affidavit is being submitted to the City Secretary before the start of the meeting at which the agenda item in -stion is being addressed or as soon as practicable once I realized a potential conflict exists. Signed this A7 -day of A/ Ve 1 z:;%A 20 f'f—' Signature of Offic al T State of Texas § County of Tarrant § Be ore me 99 L4r ` F r a. -.c-'e (( , on this day personally appeared (p04%.1060% 0.40t$ 5 known to me (or proved to me on the oath of ~'—' or through (desiption of identity card or other document) to be the person whose name is subscribed to the foregoing instrument and, after first being by me duly sworn, stated that the statements made in this affidavit are within his personal knowledge and are true and correct. Given under my hand and seal of office this ( day of G9WA4ki (SEAL) a Notary Public in an for the State of Texas P re-AerW-C41"(+ �� Page 1 of 1 Lori Farwell k0 u ( _— From: Thomas [wrtkat @verizon.net] Sent: Monday, November 14, 2005 8:10 PM To: Lori Farwell Subject: Fw: Westwyck PUD & CTH drainage Attachments: Drainage.ppt Hello, During the November 1, 2005, City Council mtg, Greg & Nancy Morgan showed a powerpoint slide show of drainage issues in Cross Timber Hills. This presentation was done to illustrate the problems already in existence in our neighborhood as well as to demonstrate the inadequacy of the Myers Meadow detention pond which was built to code, just as the Westwyck pond "meets code." It is our understanding that this powerpoint presentation will not be part of the permanent record, because the meeting was not a formal public hearing. Therefore, I have attached an updated version of this presentation, and ask that it be made a part of the permanent record. In addition, the Homeowner's Association has asked me to run through the slides again during the November 15, 2005, City Council meeting, since most of them were taken by me in my yard. Can this be loaded on the computer ahead of time? I will also bring the ppt on a cd, if that is easier. Thank you for your assistance. Kathy Thomas 214 - 665 -2229 11/15/2005 ii — , , f L.. €� # e ' w.- 1 t 1 t ti • M C M ii 1 o „�., .� O a 0 I � - a) 1 ,, } .. • ,..„..,..,_,... Ci b' a) ,. ;-, if t ',- 1 r . „,. , I 0 i1 a) ,....., ... , , . .. . . .. ,..., „.. '. . . , „. ,.„.„....... . ........ .. .... . _ '. .. _L.. . , - ' - .- . .,...... .. .„,,...„.,..,„.. .„. ..„ „,„. • ....„,.,..,.„. .. , , „ ..„ ,, ....,, , " : ,, 41 s. 1 i a) >, 1 5 I 1 1 1 i, 1 1 L W 13 0 1 0 Ow l ma MI 0 I , , f ,. a) et viola t. CI y„ ky 1 1 1 1 , 1 1 as i O 4-. o �- 1 — 1 CU . Lm 1 I.). _ = O 13 1 = 1 I i. • x 1 t i .,* tt ti Ito fi ■ X 'Ai... `�" 1 x on 1 . • : w '" : . 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C 0 S 1 1 1 pecei ck- f ► (- f -os &{f (ouktcc1 mew, PP „ 1PP Nit , Carroll ISD Bond Facts 2006 Election Date — February 4, 2006 Early Voting — City of Southlake, City Hall (January 18, 2006 — January 31, 2006) 1400 Main Street, Suite 270 Southlake, TX 76092 Election Day Voting — Carroll High School Cafeteria 800 North White Chapel Blvd. Southlake, TX Proposition 1- $24.5 million • Building Additions • Capital Improvements, and Maintenance • Safety and Security Proposition 2 - $19.5 million • Technology • Instruction Current Debt Service Tax Rate - $0.435 (No Increase Required) Proposed Bond Expenditures — School by School: • Carroll Elementary School ($ 2,079,528) • Durham Elementary School ($ 1,115,342) • Johnson Elementary School ($ 3,337,987) • Old Union Elementary School ($1,099,884) • Rockenbaugh Elementary School ($ 1,390,558) • Durham Elementary /Intermediate Site ($ 3,657,702) • Durham Intermediate School ($ 1,165,384) • Eubanks Intermediate School ($ 1,697,885) • Carroll Middle School ($ 2,244,014) • Dawson Middle School ($ 4,132,520) • Carroll High School ($ 9,334,608) • Carroll Senior High School ($ 5,865,891) Proposed Bond Expenditures — District -wide ($ 6,823,014) 1 Ni getr i t Proposition 1— Project List • Carpet Replacement (Carroll Senior High) • Child Nutrition Replacements and Upgrades (Johnson Elementary, Rockenbaugh Elementary, Durham Elementary /Intermediate, Carroll Middle School, Carroll High School, and Carroll Senior High) • Defibrillators (All sites) • Door Hardware Replacement (Johnson Elementary) • Drainage Work (Durham Elementary /Intermediate and Carroll Senior High) • Electrical Service Upgrades (Carroll Elementary, Carroll Middle School, and Johnson Elementary • Fire Alarm and Sprinkler Maintenance (Carroll Elementary and Johnson Elementary) • Fleet Replacement (Maintenance and Transportation) • Lighting Retrofits (Carroll Elementary, Carroll Middle, Carroll Senior High, and Johnson Elementary) • Modular Buildings (Eubanks Intermediate and Johnson Elementary) • Painting (Carroll Elementary, Durham Elementary /Intermediate, Johnson Elementary, And Carroll Senior High) • Pave gravel parking at Dragon Stadium • Safety Corrections in Science Labs (Middle and High Schools) • Scheduled HVAC Replacements (Durham Elementary /Intermediate and Carroll Senior High School) • Scheduled Roofing (Durham Elementary /Intermediate, Carroll Senior High School, and Central Administration) • Security Cameras and Electronic Locks (All sites) • Tennis Courts Resurface (Carroll Middle School and Carroll High School) • Water Main Replacement (Carroll Middle School) Proposition 2 — Project List • Upgrade Library Allotments (Johnson Elementary, Carroll Middle, Dalton Middle, Carroll High, and Carroll Senior High) • Assistive Technology Items (All Schools) • Model Technology Classrooms with 5 Year Upgrade (All Classrooms) • Desktop Computers for Labs at all Levels with 5 Year Upgrade • Laptops for Classroom Teachers with 5 Year Upgrade • Wireless Laptop Labs with 5 Year Upgrade (All Campuses) • Add Network Drops as needed (All Sites) • Add Electrical Circuits to Support New Technology (All Sites) • Technology Infrastructure Upgrades (District -wide) • Upgrade KDGN (Carroll Senior High) • New Telephone System (District -wide) • Storage Area Network (District -wide) 2 vecf e-f-' 1 H-os ot Counui wee te Proposed CISD Bond Projects February 4, 2006 Proposition 1 - Building Additions, Capital Improvements, and Maintenance SITE CATEGORY DESCRIPTION COST Vehicle Replacement (Transportation and Maintenance) (This cost reflects the use of some current bond funds to CISD Transportation begin this project by replacing maintenance vehicles) $ 4,173,140 Cafeteria - Replacements, Maintenance Items and Multiple Child Nutrition Upgrades $ 536,860 Multiple Health /Safety District wide - Defibrillators for all campuses $ 25,229 Sub total for modular buildings at JES and EIS and building additions at CHS to address capacity issues at K- Multiple Construction 4, 5 -6, and 9 -10 $ 6,150,693 DMS Construction Build a second gym at Dawson Middle School $ 2,332,676 CSHS Facility Carpeting - Replace $ 72,332 CSHS Facility Ceiling tile & general patching (35% allowance) $ 124,158 CES /JES Facility Fire Alarm and Sprinkler Installation for CES and JES $ 488,431 JES Facility Hardware upgrade for all doors at JES $ 92,000 HVAC Replacements and Repairs at CSHS and DES /DIS Multiple Facility with controls upgrades for entire system $ 3,087,194 Install eye wash stations & emergency showers as Multiple Facility required © middle & high school science classrooms $ 58,058 Multiple Facility Lighting Retrofits at CES, CMS, CSHS, and JES $ 917,693 Multiple Facility Painting at CES, DES /DIS, JES, and CSHS $ 446,946 Multiple Facility Roof Replacements and Maintenance $ 4,012,656 Tennis Courts - Resurface facilities at CMS and CHS (no Multiple Facility foundation repair) $ 38,799 CMS Facility Water Main replacement $ 31,039 Security installations system wide (Electronic Locking and Multiple Health /Safety Camera Surveillance) $ 1,055,600 Drainage Improvements to entire campus at DES /DIS (Area DES /DIS Facility drains, laterals & detention areas - front & back) $ 536,073 Drainage repair to concrete structure southeast of athletic CSHS Facility fields $ 35,000 Add Parking 75 yds x 125 yds (Allows approximately 300 additional parking spaces and fulfills promise made to city at time of Dallas Burn lease when additional seats were Dragon added at the stadium. (Asphalt - 6" base and base Stadium Facility stabilization with 2" top. $ 267,188 Sub - totals for Building Additions, Capital Improvements and Maintenance $ 24,481,764 Sub - totals for Technology $ 19,462,553 Grand Total $ 43,944,317 Proposition 1 $ 24,500,000 _ Proposition 2 $ 19,500,000 Grand Total for Bond $ 44,000,000 Proposed CISD Bond Projects February 4, 2006 Proposition 2 - Technology SITE CATEGORY DESCRIPTION UNITS COST All Instruction District wide - Instructional Management System 1 Purchased Multiple Instruction Library - Allotment to upgrade circulation inventory $ 573,790 Multiple Technology Assistive Technology Items $ 62,397 Black and White Networked Printers for Classrooms & Multiple Technology Offices (Two generations for a total life of 10 -12 years) 1072 $ 597,104 Multiple Technology Calculators for the Classroom 530 $ 70,005 Multiple Technology Carts - Lockable Storage for Classroom Technology 490 $ 102,900 Multiple Technology Chair Allowance for Classroom Computer Tables 1636 $ 49,080 Multiple Technology Color Print Cartridges for school wide color printers 1656 $ 231,699 Multiple Technology Color Printer for School wide Use 46 $ 69,736 Multiple Technology Computer Tables for Classrooms 1004 $ 120,480 Desktop Computers for classrooms, labs, and various administrative settings (Two generations for a total of 10- Multiple Technology 12 years) 3622 $ 3,296,020 Multiple Technology Digital Camera with Memory Stick for Student Use 450 $ 137,700 Digital Video Camera for School wide Use (Two Multiple Technology generations fora total of 10 -12 years) 22 $ 11,770 Document Cameras for Each Classroom (Two generations Multiple Technology for a total of 10 -12 years) 980 $ 830,060 Multiple Technology Electrical Circuits to support additional technology 2161 $ 599,300 CISD Technology Firewall Replacement for District 1 $ 25,000 Interactive Writing Devices for each Classroom (Two Multiple Technology generations for a total of 10 -12 years) 1200 $ 697,200 Laptops - Wireless labs for Schools (30 in each lab) (Two Multiple Technology generations for a total of 10 -12 years) 92 $ 4,579,208 Laptops for Teachers and School Based Administrators Multiple Technology (Two generations for a total of 10 -12 years) 958 $ 1,628,600 LaserJet Print Cartridges for Black and White Networked Printers used in classrooms and school based offices (Two Multiple Technology generations for a total of 10 -12 years) 9648 $ 576,854 Multiple Instruction Library Management Software for all School Sites 1 $ 50,000 CSHS Technology Mounted Projection Device for CSHS Auditorium 1 $ 7,500 Mounted Video Projectors for Classrooms (Two Multiple Technology generations for a total of 10 -12 years) 980 $ 1,906,100 Multiple Technology Multimedia Rolling Cart (Presentation Equipment) 11 $ 43,384 Multiple Technology Network Drops (Additional for Classrooms) 1671 $ 250,650 Multiple Technology Networked Servers 5 $ 61,967 Multiple Technology Probes for various class activities 550 $ 45,755 CISD Technology Remote Management Software Package 1 $ 50,000 Multiple Technology Robotics Equipment - Trekker T -5 90 $ 35,550 Scanners for Classrooms (Two generations for a total of 10- Multiple Technology 12 years) 1002 $ 186,372 Multiple Technology Software for Lab Management 3 $ 10,500 CISD Technology Storage Area Network 1 $ 499,849 Multiple Technology Switches and Routers for network connectivity 240 $ 893,710 CISD Technology Telephone System 1 $ 766,000 CISD Technology Training Labs (1 desktop, 1 on carts) 1 $ 78,200 Multiple Technology Upgrade Electrical Service to support additional circuits $ 116,397 Proposed CISD Bond Projects February 4, 2006 Proposition 2 - Technology SITE CATEGORY DESCRIPTION UNITS COST CSHS Technology Upgrade to KDGN (Student Run Television Station) 1 $ 28,716 VCR /DVD Combos for Classrooms (Two generations for a Multiple Technology total of 10 -12 years) 980 $ 147,000 CISD Technology Voicemail System 1 $ 26,000 Sub - totals for Technology $ 19,462,553 Sub- totals for Building Additions, Capital Improvements and Maintenance $ 24,481,764 Grand Total $ 43,944,317 Proposition 1 $ 24,500,000 Proposition 2 $ 19,500,000 Grand Total for Bond $ 44,000,000 Site Total CES $ 2,079,528 DES $ 1,115,342 JES $ 3,337,987 OUES $ 1,099,884 RES $ 1,390,558 DES -DIS $ 3,657,702 DIS $ 1,165,384 EIS $ 1,697,885 CMS $ 2,244,014 DMS $ 4,132,520 CHS $ 9,334,608 CSHS $ 5,865,891 CISD $ 6,823,014 Grand Total $ 43,944,317 Receivecd 4(4' 1( -1 - CoLA nu I vv>;ee -f-1 14.5 Four Peaks Uevelopment,Inc. October 31, 2005 Mayor and Members of the City Council City of Southlake 1400 Main Street Suite 270 Southlake, Texas 76092 Re: WestWyck Hills Dear Mayor and Members of the City Council: In response to issues raised by neighbors to our proposed WestWyck Hills project, I want to formally memorialize the revised application we have made in keeping with the approval of our project by the Planning and Zoning Commission and additional revisions made in response to ongoing issues raised by neighbors and our own detailed planning. I will be giving a copy of this letter to some of the neighbors with whom I have been in contact so they will be fully aware of our commitments. I encourage the neighbors to verify with their City Council members that any commitment we make cannot be arbitrarily changed except as a reduction of use or intensity to our proposal. Also, there can be no material change to our application, except for a reduction of use or intensity of the development, between the approval of the preliminary plat and the final plat. We understand these restrictions and look forward to working within those limitations towards creating the high -end project we have planned. Working from our original application, which was heard in front of the Planning and Zoning Commission on October 6, 2005, we have made, and obligate ourselves to the following changes which are reflected in the revised Development Plan, Drainage Plan, Paving Plan and Water and Sewer Plan which will be presented to the City Council on November 1, 2006: The number of lots to be developed within the WestWyck Hills subdivision has been reduced to forty (40). This number of lots does not include any lots which may be developed in the future on land owned by Phillip Fanning which land is not currently part of the proposed development. The vehicular access to and from Morgan Rd and the northeast corner of the property has been eliminated. A pedestrian access at this Morgan Rd. location has been added as a part of our application Rear yard setbacks, or side yard setbacks as the case may be, have been modified to be a minimum of forty feet (40') for all lots adjacent to the neighboring properties on the north and south property lines. Rear yard setbacks for lots on the east property line are a minimum of sixty feet (60'). The dry detention pond at the southeast comer of the property has been modified, which caused the reduction of one lot from our original proposal, so that the rate of runoff from the detention pond after development will be less than the rate of runoff that exists in the current pre - development state. The dry detention pond has been further modified so that a single thirty inch C' 3 726 Commerce St., Ste. 109 • Southlake, TX 76092 • (817) 329 -6996 • Fax (817) 481 -4074 (30 ") pipe or a series of five (5) twelve inch (12 ") pipes will accommodate the discharge from the detention pond in the case of a 100 year rain event, in keeping with the City of Southlake drainage policy. The detention pond at the southeast corner of the property will not be built closer than forty feet (40') to any of the adjoining neighbors' property. It is our intent to preserve the existing trees which currently exist in the area between the rear of the pond itself and the neighbors' properties. As has been presented and discussed on several occasions, the development team is willing to install a thirty inch pipe from the detention pond to a point of discharge adjacent to, two (2) thirty six inch (36 ") reinforced concrete pipes located in front of 1356 Lakeview Drive. This would virtually eliminate surface flow on these properties between WestWyck Hills and the two (2) thirty-six inch (36 ") pipes. As an alternative, the developer will install an eighteen inch (18 ") to twenty -four inch (24 ") pipe which would not totally eliminate surface flow but would greatly reduce the time of concentration. The installation of this pipe would be at the developer's expense but would require the dedication of a city approved drainage easement from the property owners over whose property the pipe would traverse. Following the installation of said pipe, the affected property would be restored to its current condition including the re- sodding of the work/installation area and any damage, intentional or otherwise, to fences, sprinkler systems, and French drains, would be repaired to their current condition. If this pipe is to be installed, its installation will occur at the time the detention pond and associated outfall structures are being constructed. It is not the intent of the developer to pressure the affected property owners to agree to the installation of this pipe; but, if it is their desire to have said pipe installed, we will agree to modify our current plans, which do not call for the pipe, if notice is given to us, and an agreement is reached for the installation of the pipe, prior to March 1, 2006. The issue of liability in the case the detention pond fails in its design or construction has been raised. As you well know, through the Developer Agreement, the City of Southlake requires a two year maintenance bond from the contractor for any deficiency in the construction of any drainage facility, including the detention pond. In addition to this safeguard, the WestWyck Hills construction/development partner, Warren Clark Development Company carries Completed Operations Insurance with limits of $1,000,000 per occurrence, $2,000,000 aggregate and $100,000 medical. Additionally, the structural engineer, and civil engineer each carry Errors and Omissions insurance and our Contractor will carry liability insurance with coverage of at least the same limits as that carried in our Completed Operations Insurance policy. In the very unlikely event that a problem should arise resulting in damages, there are many points of relief that can be pursued. For the benefit of the City Council and our neighbors, I hope this letter clearly states our firm commitment to the terms of our application. If you should have any questions, please feel free to give me a call. Sincerely, Tom M. Matthews, Jr., President Four Peaks Development, Inc gece►'vel a-f Co„ e t CA ✓vt e e h' Greg and Nancy Morgan 1356 Lakeview Drive Southlake, Texas 76092 November 1, 2005 Mayor and Members of the City Council City of Southlake 1400 Main Street, Suite 270 Southlake, Texas 76092 RE: Westwyck Hills Proposed Drainage Plan Dear Mayor and Members of the City Council We live at 1356 Lakeview Drive Lot 5 Cross Timber Hills. We have spent thousands of dollars for French drains and retaining walls in the twenty years we have lived at our property. We have corrected any problems we once had and now have a dry yard even a few hours after a heavy rain. We will be significantly affected by the Westwyck Hills proposed drainage plan and have some major concerns with the proposed plan. 1. An independent review of the plan by Cheatham and Associates found some serious flaws in the original plan. In fact the report stated the plan would not work without large drainage pipes (36-42 inch diameter) through our property. 2. The developer has revised his drainage plan. This new plan increases the detention pond from 80,000 ft to 96,000 ft and adds a few bells and whistles to the dam/spillway. This increase is only 16.6 %. The developer's new plan releases the water in a 40 minute period. Mr. Cheatham stated at the meeting on Oct. 27 that our yard would be very mushy after a heavy rain. 3. The Southlake drainage ordinance section 8.02 says that detention ponds should release over "several hours" not 40 minutes. Section 3.05 says a developer can not damage other property. A perpetually mushy yard sounds like damage to us. Drainage ordinance 7.03A says the council can withhold approval if there is possible damage to property. 4. Mr. Cheatham claims this revised drainage design is "in general compliance with the City's Storm Drain Policy." 5. We would like to refresh the council's memory concerning a recent detention pond in the Myers Meadow subdivision that was "in general compliance with the City's Storm Drain Policy." This detention pond (see Power Point photos) caused massive flooding downstream of the development on to three lots in Cross Timber Hills. After the developer moved on the city was forced to place 36 inch drainage pipes through the three properties to try to remedy the flooding problem. You can see from the photos how invasive this was and also that they continue to have problems. 6. In summary, we remain very skeptical of this proposed drainage plan. We are at present in discussion with the developer but have not as yet resolved the problem to our satisfaction. Sincerely, i # , GreA 1 ) erilr--- gecelVed a-fr l( , uAcA' 1 '"-'e e-i C� cc o- ' f f w - . i i 1 _ E ,.... a ., �. ,..,.. :A 11 � ' d � r � _ H . Tom .° Myers Meadow Detention Pond Detention Pond Weir -- Iv . ' 7" al 4 IIIPIPL ' Spillway onto , .. industrial park Drainage through parking lot , 1W Vi a. At Drainage through opening to Crosstimber Hills Flooding property on Lakeview Drive 1 4 .. 1 1 • 0 , 444 4p.", .' . I 11111r1111111111101 ,. .. .T. ... r' ; ' •. 1 II ,' Floodin • • ro • e on Lakeview Drive Backyard on Lakeview Drive or 3 „ , , . _ ..it ,- —No _ . , ......4% _ ti ... v y .., . .0 „,. 44 ' , Construction of 36 ;�_ inch drain pipe on -• Lakeview Drive 0.,'" r, as r ✓ ` 1 _< Construction of 36 inch drain pipe 4 On Lakeview Drive 3 .... . , . xs.� "'�i lot Backyard after 4.,-...',..;1_,I,..'"; : .. ._ drain pipe installed - - 1 ! ■ .0,.. After drain pipe installed 1 l0 Awe I i 2 R vedak J 1-(-os e -ty COLA Ku- 6)41*(145 COOPER & STEBBINS Cooper&Stebbins,LP., 1256 Main Street,Suite 240 Southlake,Texas 76092 Telephone(817)329-8400 Facsimile(817)251-8717 November 1, 2005 The City Council, The City of Southlake 1400 Main Street Southlake,Texas 76092- Re: Placement of Historic Cabin Dear Council Members: We are aware from tonight's City Council Agenda that the placement of a historic cabin is on the table for discussion. We have previously made our thoughts be known on this topic through the PIOpublic forum at the City's Park Board Commission meeting held earlier this year. At the Park Board meeting, we stated that it was our opinion that the cabin would be more appropriately placed in the park at Noble Oaks rather than the new Summit Park at Southlake Town Square. In summary,the reasons for this recommendation were as follows: 1) In historic terms,this cabin would have never been originally built in the "center"of a vibrant, architecturally pleasing downtown—there was not then, and there is not now, any legitimate historic point of reference. 2) The cabin was not aesthetically pleasing when it was originally built — those characteristics will not change when it is rebuilt. 3) Placing the cabin in a more heavily trafficked area will not necessarily protect the structures from vandalism — unfortunately, random acts of vandalism and burglary have occurred throughout the City in some of the most unlikely places —just ask the Police Department. All public Parks at Southlake Town Square have been thoroughly thought out, then cooperatively finalized with City staff, and then finally approved by the representative layers of City government. Summit Park has received the same level of care and attention. • Council Members November 1, 2005 Page two Original grades within Summit Park have been preserved, as has the native tree cover wherever possible. New trees have been added to accent and reinforce that plant material which is already in existence, and a series of lit walking paths have also been integrated. All of these design elements culminate in an architecturally pleasing gazebo strategically placed on the hill, which looks back to the town — a place to view the environment in a calm park like setting. Due to existing trees and the inherent grade which is being preserved, there is not enough room for the gazebo and the cabin. The gazebo would seemingly have to be replaced by the cabin — a cabin that doesn't look that good, a cabin that won't be able to open to the public on an extended basis, and a cabin that will not allow the public the ongoing covered open-air opportunity to enjoy their Town Square. Please consider putting the cabin in Noble Park; if it belongs anywhere, it belongs in this park. Sincerely, Brian R. Stebbins Chief Executive Officer •