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1999-03-02
REGULAR CITY COUNCIL MEETING 667 NORTH CARROLL AVENUE SOUTHLAKE, TEXAS MARCH 2, 1999 MINUTES COUNCILMEMBERS PRESENT: Mayor Rick Stacy; Mayor Pro Tem W. Ralph Evans; Deputy Mayor Pro Tern Scott Martin. Members: Gary Fawks, Ronnie Kendall, Wayne Moffat and Debra Edmondson. STAFF PRESENT: City Manager Curtis Hawk; Assistant City Manager Shana Yelverton; Assistant to the City Manager Shelli Siemer; Director of Finance Lou Ann Heath; Director of Human Resources Lauren Safi:anek; Director of Economic Development Greg Last; Zoning Administrator Karen Gandy; Director of Public Works Bob Whitehead; Deputy Directors of Public Works Ron Harper and Charlie Thomas; Deputy Director of Public Safety, Police Services Division Gary Gregg; Director of Community Services Kevin Hugman; City Attorney Wayne K. Olson; and, City Secretary Sandra L. LeGrand. WORK SESSION: The work session began at 5:15 p.m., whereby City Council and City staff reviewed items on the agenda. The work session was video taped and a tape recording was made for future reference. Agenda Item #10-A, Request for sign approval for Milwaukee Joe's Ice Cream Store. Representatives from Milwaukee Joe's Ice Cream Store were present to discuss their request for variance to the sign ordinance, noting the sign has received approval fi.om Cooper & Stebbins, and that it meets the sign regulations for Town Square. Discussions will continue during the regular meeting. The work session ended at 6:05 p.m. REGULAR CITY COUNCIL MEETING Agenda Item #1, Call to Order. The Regular City Council meeting was called to order by Mayor Rick Stacy at 6:10 p.m. Agenda Item #2-A, Executive Session Mayor Rick Stacy advised the audience that the City Council would be going into executive session pursuant to the Open Meetings Act, Chapter 551 of the Texas Government Code, Sections 551.071, 551.072, 551.073, 551.074, 551.075, 551.076, to seek consultation with City Attorney regarding pending and contemplated Htigations, to deliberate the purchase, exchange, lease or sale of real property, a negotiated contract for a prospective gift or donation to the City, to deliberate the appointment and Regular City Council meeting Minutes of March 2, 1999 page 1 of 27 evaluation of public officials, to confer with one or more employees to receive information from or to question the employees, and to deliberate the deployment of specific occasions for implementation of security personnel or devices. Council adjourned into executive session at 6:10 p.m. Council returned to open session at 7:18 p.m. Agenda Item #2-B, Action Necessary/Executive Session As the result of the executive session, motion was made to authorize staff to enter into a contract to purchase Tract 8C02A, in the Thomas Hood Survey, for $121,000. Motion: Kendall Second: Fawks Ayes: Kendall, Fawks, Moffat, Martin, Edmondson, Evans, Stacy Nays: None Approved: 7-0 vote Agenda Item #3~ Invocation: Coy Quesenbury, Lonesone Dove Baptist Church Reverend Coy Quesenbury, pastor of Lonesome Dove Baptist Church in Southlake, gave the invocation for Joel Calhoun, pastor for the month of March who was not able to attend. Agenda Item #4-A, Mayor's Report Mayor Stacy asked the Mayor Pro Tern and Deputy Mayor Pro Tem to present proclamations this evening. Mayor Pro Tem W. Ralph Evans presented a proclamation to Officer Carrie Fullington, proclaiming Gun Safety for Children Week in Southlake. Deputy Mayor Pro Tem Scott Martin presented a proclamation to members of Keep Southlake Beautiful, (Jan Bulter, Coralee Branon and Mike Lease) in honor of Texas Arbor Day, noting March 24, 1999 is Texas Arbor Day. Ms. Brannon stated they are hopeful they will be starting a tradition in Southlake by planting a tree at Bicentennial Park during the ceremony to be held on March 24, 1999. Mayor Stacy announced on March 4, 1999, at 7:30 a.m., the Southlake Executive Forum will meet at Tuscany's Restaurant in Southlake. A "Mock City Council Meeting" will be held in the Council Chambers of City Hall on March 9, 1999, whereby members of SYAC will act as members of Council and staff during this event. The last day to file for a place on the ballot for the May 1, 1999 General Election will be March 17, 1999. Regular City Council meeting Minutes of March 2, 1999 page 2 of 27 The Grand Opening for Town Center will take place on March 20, 1999. The all day event will begin at 9:00 a.m. with an "Old Fashioned Town Parade." The stores will open for business at 10:00 a.m. The event is scheduled to last all day and the public is invited to participate. ,/ On the agenda tonight is an item that will change the date of the Regular City Council meeting from March 16, to March 23, 1999, due to Spring Break in Southlake, resulting with several Councilmembers being out of town. Mayor Stacy announced a Special meeting to be held on March 8, 1999 beginning at 7:00 p.m., at Marriott Solana. It is a Town Hall meeting with State Representative Vicki Truitt regarding the proposed legislation for the Local Option Wine Sales in grocery stores. The public is invited to attend. Councilmember Scott Martin acknowledged that Keep Southlake Beautiful held an educational seminar last evening at Johnson Elementary School, with Andy Wasouski, a nationally recognized writer and photographer, on plants, wildlife, and preservation of existing plants, etc. It was a well attended event, and the presentation was excellent. He stated he is happy that KSB was able to provide the community with the leadership to have him come and talk to the citizens. Agenda Item #4-B, City Manager's Report City Manager Curtis Hawk presented information regarding the amount of money the city has spent on projects on the north side of S.H. 114 and the south side of S.H. 114. The report gives the project description and indicates the projects on the south side of S.H. 114, with $6,871,922.71 being spent to date. On the north side of S.H. 114, $6,951,332 has been spent to date on projects. A copy of the report is hereby attached to the minutes of the meeting. Mr. Hawk stated on March 23, and 24, 1999, the 5th Annual Dallas-Fort Worth area Partners in Mobility North Texas Delegation Day and the Texas Transportation Commission presentation will be at the State Capital Complex, Austin. Mr. Hawk asked if Councilmembers could attend with staff to let him know. The City Manager made an announcement that a Joint City Council/Planning and Zoning Commission meeting is being planned for March 23 in an effort to consider the Post Office site in the Town Square development as a 'fast-tract' method. If anyone has questions, contract Greg Last, Director of Community Development/Economic Development. Councilmember Scott Martin suggested a work session be held prior to the joint session. Regular City Council meeting Minutes of March 2, 1999 page 3 of 27 Economic Development Director Greg Last stated this will be a practice for 'fast- tracking' and agreed we need a work session. Staff is to present this issue to both bodies prior to the joint meeting. Deputy Director of Public Works Ron Harper presented the Town Square Status Report. TOWN SQUARE Work is complete on four buildings and is substantially complete on two buildings. One building is in the early stage of construction. Staff has been conducting final walk through and acceptance inspections of the infrastructure and buildings. Mr. Harper presented the latest status report of tenant finish permits for this project. One office has been occupied and several retail tenants have begun to stock their stores. During the upcoming week most retailers will be stocking the stores in anticipation of the grand opeffmg and "soft" openings. The Developer has had several meetings regarding Grand Opening activities. There is an item on the agenda for this meeting regarding the special use permit for the Grand Opening activities. NORTH CARROLL REALIGNMENT Work on this adjacent project is well underway. All underground construction is substantially complete. The 1709/North Carroll intersection has been opened and work continues on the two southbound lanes. Due to some franchise utility issues, the City does not anticipate it will complete this project by the original completion date of March 10, however, work will be complete prior to the grand opening. POST OFFICE SQUARE The Developer has held a SPIN meeting regarding this project. Information for this project will be submitted to Community Development on March 1, 1999. TOWN HALL The architects are continuing to develop concept plans for the floor plans and space allocations. Agenda Item #4-C, SPIN Report The SPIN Report was given by Steve Csonka, representative for SPIN #6. SPIN #6 is located on the eastern side of Southlake, that area which is generally bounded by S.H. 114 and south of East Highland, and bordered on the east by the City of Grapevine. Mr. Csonka stated the standing committee has not had a meeting since the SPIN Retreat. In general, the existing subdivisions are older, the neighborhood is rather rural, quite and peaceful, with most of the homes on one acre or larger. There is a significant tract of land on the west side that is yet to be developed. He stated, "I have not had the opportunity to meet before the Council prior to tonight. I was elected by the SPIN group Regular City Council meeting Minutes of March 2, 1999 page 4 of 27 at the end of the year replacing Tom Ward. I work for American Airlines in Technical Strategic Planning and my formal education is in aerospace engineering from Saint Louis, and University of Cincinnati, Ohio. I have lived in Southlake for the last four years since moving here from Cincinnati. Like many others, my family was drawn to Southlake by the excellent reputation it has for the school system, rural feel, and the convenient location in the metroplex." He stated he has no news to report from the standing committee or executive committee. With respect to issues in SPIN #6, things are quite. There will be a meeting next week to discuss two issues of concern: 1) the current plan for the West Jones Branch improvements, which they were briefed about by Mr. Whitehead; and, 2) work on the traffic survey that was performed last month on Shady Lane, based on community request at the end of last year. Mr. Whitehead had reported that the response was positive. The plan they came up with will be well received, according to Mr. Csonka. Agenda Item #5, Consent Agenda Mayor Rick Stacy stated this is the time of the evening when Council votes on several items at one time. He informed citizens present of the procedure Council follows in voting on the "consent agenda" and asked if anyone had any comments or opposition to express regarding any items listed in this section of the agenda. Mayor Stacy read the consent agenda items into the record as follows: 5-A. Approval of the Minutes of the Regular City Council meeting held on February 16, continued on February 22, 1999. 5-B. Award of bid to Sharrock Electric, Inc., for the installation of a "closed loop" signal system along F.M. 1709. 5-C. Award of bid to Saber Development for water, sanitary sewer, and road improvements on Lake Drive in the Dove Estates Addition. 5-D. Approval of Change Order No. 1 with J.L. Bertram for Southlake Park Road. 5-E. Authorize the Mayor to enter into an amended residential developer agreement for Timarron Village "H", Huntly Manor, Phase II. 5-F. Removed from consent. Authorize the Mayor to enter into an agreement between Safety-Kleen, Inc., and the City of Southlake for two events to collect and dispose of household hazardous waste. 5-H. Change Order No. 1 to American Tennis Court Contractors for change in surface materials for tennis courts at Bicentennial Park. Regular City Council meeting Minutes of March 2, 1999 page 5 of 27 Authorize the Mayor to enter into a Professional Services Agreement with Landata Geo Services for the orthophotography and topographic mapping services for the Drainage Master Plan. Resolution No. 99-06, Recognizing the canine as an official position within the Southlake Department of Public Safety, Fire Services Division, appointing Mocha to the position of Arson Canine. 5-K. Appointment of Cavin Riggs to the position of Police Reserve for the Southlake Department of Public Safety, Police Services Division. 5-L. Resolution No. 99-15, Rescheduling the March 16, 1999, Regular City Council meeting to March 23, 1999. 5-M. Removed from consent agenda. Resolution No. 98-689-A, Clarifying the terms of office for the Joint Drug and Alcohol Awareness Committee, and amending the appointments for sub- committee members. Ordinance No. 480-306, 1st Reading (ZA 99-005), Rezoning on property legally, described as Tract 1Al situated in the L.H. Chivers Survey, Abstract No. 300. Owners: Trigg and Traci Moore. 5-P. Resolution No. 99-07, Amending Fee Schedule for Park Dedication Fees. Table to April 6, 1999. Mayor Rick Stacy introduced "Mocha" and welcomed her into the force for the Department of Public Safety, Fire Services Division. Councilmember Scott Martin stated, "I think it is great that we are providing K-9 services for our citizens. Just as always, we end up being the leader in the field of public safety. We all know we have been cited and given proclamations by multiple law enfomement organizations for our lending of our trained dogs. Now we will have. two dogs that we can lend out and help other people." Motion was made to approve the consent agenda as follows: Items #5-A through #5-E, #5-G through #5-L, and, Items #5-N through #5-P. Motion: Martin Second: Evans Ayes: Martin, Evans, Fawks, Kendall, Moffat, Edmondson, Stacy Nays: None Approved: 7-0 vote ADDITIONAL INFORMATION REGARDING CONSENT AGENDA ITEMS Regular City Council meeting Minutes of March 2, 1999 page 6 of 27 Approval of the Minutes of the Regular City Council meeting held on February 16, 1999, continued on February 22, 1999. The Minutes were approved as amended. Award of bid to Sharrock Electric, Inc., for the installation of a "closed loop" signalsystem alongF. M. 1709. During late 1997 and early 1998, a F.M. 1709 Traffic Signal Study confirmed that the signals along F.M. 1709 should and could be coordinated by means of a centralized computer system. On June 2, 1998, the City Council authorized the mayor to enter a professional services agreement with Lee Engineering for the design of F.M. 1709 signal timing and capacity improvements. During the summer months a signal-timing plan was designed by Lee Engineering and submitted to TxDOT for synchronizing the traffic signal along F.M. 1709 to provide optimum progression. TxDot then re-timed the signals to provide the synchronization of the signals. To make the synchronization function properly and reduce the manual maintenance, the signals need to be linked together and monitored and controlled by a computer at a remote site. The computer continuously monitors each traffic signal and keeps the clocks in the traffic controllers sequenced with one another. The computer also allows remote monitoring of the traffic signals in order to check the status and adjust the timing if necessary. Funding for the construction of these improvements was allocated in the 1998-99 CIP budget in the estimated amount of $120,000. The engineering cost was funded in the 1997-98 CIP budget in the amount of $25,000. The engineering cost for this project with Lee Engineering is $7,250. The bid from Sharrock Electric, Inc., was $42,000, which brings the total cost of this project to $49,250. Therefore, this project is under budget by the amount of $95,750. Award of bid to Saber Development for water, sanitary sewer, and road improvements on Lake Drive in the Dove Estates Addition. Proposed improvements to Lake Drive include a new water line, a new sanitary sewer line, and rehabilitation of the pavement. The current water line is undersized and the sewer line will serve residents located on the east side of the street. On September 9, 1998, staff met with SPIN #3 Representative Milan Georgia and residents of Lake Drive. The main outcome of that meeting was that the residents requested that the reconstruction of their street be completed with a pavement width of 18 feet rather than the standard 22-feet cross-section as they believe the narrower roadway will discourage traffic from speeding. This change was approved by the City Council on October 20, 1998 with authorization to advertise. The speed limit on Lake Drive was reduced to 25 mph at the October 6, 1998 City Council meeting. Residents on Lake Drive have also petitioned for streetlights along the east side of the road. A copy of the memorandum from Bob Whitehead, Director of Public Works, is hereby attached to the minutes of the meeting. The memorandum explained funding for the projects on Lake Drive. Approval of Change Order No. 1 with J.L. Bertram for Southlake Park Road. The improvement of Ridgecrest Drive was scheduled as part of the FY 97-98 CIP Regular City Council meeting Minutes of March 2, 1999 page 7 of 27 budget, which provided $355,576. Improvements include reconstructing the existing roadway and associated drainage. On November 17, 1998, the City Council approved the bid with J.L. Bertram for $311,560.56. This project has not yet started as staff is working with the developer of Loch Meadows on the construction of the sanitary sewer force main along Ridgecrest Drive. The engineering and design cost of $30,600 brings the total project cost to $342,160,56. This is under the engineering estimate by $13,415.44. Change Order No. 1, the overlay to Southlake Park Road, is $28,479.75, which is a 9% increase in the contract with J.L. Bertram. The request to Council is to consider completing the improvements in the neighborhood. This would bring the total cost of the project to $370,640.31. This is over the engineered estimate by $15,064.31. Authorize the Mayor to enter into an amended residential developer agreement for Timarron Village "H", Huntly Manor, Phase II. A final plat has been approved for Timarron Village "H", Huntly Manor, Phase II Addition, located in the southwest comer of East Continental Boulevard and Brumlow Avenue. On November 17, 1998, the City Council approved a partial developer agreement for grading only. On February 2, 1999, the City Council approved a standard residential developer agreement for this Addition with a park fee (approved by the Park Board) of $156,000. On February 8, 1999, the Park Board reconsidered the park dedication requirement for Timarron Village "H", Huntly Manor, Phase II. The Park Board approved a credit of $60,571.58 for trails to be constructed along Continental Boulevard and Brumlow Avenue, a credit of $444,400.00 for 1.11 acres of open space and a credit of $550.00 for two wood benches, for a total credit of $105,521.58 toward the required fees of $156,000, leaving a credit balance to the City of $50,478.42. Off consent agenda. Authorize the Mayor to enter into an agreement between Safety~Kleen, Inc., and the City of fi'outhlake for two events to collect and dispose of household hazardous waste. The City of Southlake receives numerous requests for the proper disposal of household hazardous waste. An agreement has been reached with Safety- Kleen, Inc., to dispose of hazardous waste generated by residents of Southlake. Under this agreement, the City may establish dates and times for residents to drop off household hazardous waste. The current program is to have two events per year for residents to dispose of household hazardous waste. In the Spring and Fall of each year, the following household hazardous waste is accepted: paints, solvents, pesticides/herbicides/fertilizers, propane, aerosols, flammables, corrosives, oxidizers, reactive, mercury, acid batteries, lead acid batteries, alkaline batteries, and lithium batteries. Explosive, infectious or radioactive waste is not accepted. The household hazardous waste collection and disposal is budgeted under Fire Services and approved in the current fiscal year budget. Regular City Council meeting Minutes of March 2, 1999 page 8 of 27 Change Order #1 to American Tennis Court Contractors for change in surface materials for tennis courts at Bicentennial Park. The action requested is for the City Council to approve Change Order #1 for an additional $13,000 for two coats of acrylic resurfacer in addition to current surfacing specifications for tennis courts under construction. The SPDC approved Bid Package #2 to American Tennis Court Contractors for all Phase II court construction in the mount of $851,019. The benefits of the acrylic resurfacer would be to: extend the surface paint life due to wear by providing a consistent surface texture and provide some measure of cushion to tennis play; and to enrich the color appearance for a longer time because of the black pigmentation. Authorize the Mayor to enter into a Professional Services Agreement with Landata Geo Services for the orthophotography and topographic mapping for the Drainage Master Plan. The original digital ortho database of the City was provided in 1994. During Phase 1 of the Drainage Master Plan it was determined that more detailed topographic information was needed to create accurate drainage maps. Four requests for quotes were sent to aerial photogrammetry services to provide the required digital orthos. The aerial photogrammetry will also be used to provide detailed topographic maps of the City. The detailed topographic maps will be used by staff and consultants to analyze drainage areas, design or implement drainage and sanitary sewer improvements and for planning purposes. The quote from Landata Geo Services is in the mount of $107,405. The FY 98-99 budgeted mount is $200,000. Resolution No. 99-06, Recognizing the canine as an official position within the Southlake Department of Public Safety, Fire Services Division, appointing Mocha to the position of Arson Canine. The Southlake Department of Public Safety acquired its first canine in February of 1992, which City Council approved with Resolution No. 92-33. The canine division of Police Services is used for the apprehension of criminal offenders, the detection of narcotics, and the locating of lost persons. The canine division in Police Services has demonstrated effectiveness through numerous arrests and seizures. The State Fire Marshal's Office operates a canine program and has asked Southlake to join them in training to provide a standard approach to arson investigations through the state. The creation of a canine position in Fire Services allows the opportunity to suppress and deter arson, fraud, and assist in locating lost persons. Mocha is acquired through Corporal Ron Wyfick (Southlake DPS canine trainer) at a minimal cost to the City for care and upkeep. Appointment of Cavin Riggs to the position of Police Reserve for the Southlake Department of Public Safety, Police Services Division. Persons desiring to join the Police Reserve must meet all the training, qualifications and regulations that apply to paid sworn officers. Only citizens of the City of Southlake or employees of the City are considered for such appointment, unless they possess certain skills that would benefit the department. Cavin Riggs is currently working for the City of Southlake in the Public Works Department. Cavin became interested in Police Regular City Council meeting Minutes of March 2, 1999 page 9 of 27 work, enrolled in the Police Academy, and graduated in September 1998. He has passed testing with the Texas Commission on Law Enforcement Officers Standards and Education and has obt~fmed his Basic Peace Officer license. He has also successfully completed all background and pre-employment testing requirements. Cavin's dedication and mind for detail will be an asset to the Southlake Department of Public Safety. Volunteer Reserve Police Officers donate their time and skills for the citizen's benefit in lieu of pay. Resolution No. 99-15, Reschedule the March 16, 1999 Regular City Council meeting to March 23, 1999. Section 2.09 of the City Charter provides that "...the Council may cancel or move a regular meeting to another day by posting a 72- hour notice in accordance with the Texas Open Meetings Act giving notice of either action...". The second regular Council meeting in March falls during Spring Break which will make it difficult, if not impossible, to assemble a quorum of City Council members for this meeting. Likewise, holding a meeting during Spring Break would potentially adversely impact the ability of Southlake residents to attend or participate in the meeting. As such, Council approved, Resolution No. 99-15, rescheduling the March 16, Regular City Council meeting to March 23, 1999. Resolution No. 98-68-A, Clarifying the terms of office for the Joint Drug and Alcohol Awareness Committee, and amending the appointments for sub- committee members. Resolution No. 98-68 establishes two year terms for the committee appointments with six members appointed each odd-numbered year and five members appointed each even numbered year. During the appointment of the committee members, the terms of office were not established in the resolution. Places on the Committee shall be numbered one (1) through eleven (11), as follows: 1. Councilmember, Debra Edmondson two year term-expires 5/2001 2. Councilmember, Gary Fawks, one year term-expires 5/2000 3. CISD Board member, Doug Strickland two year term-expires 5/2001 4. CISD Board member, Howard Addison one year term-expires 5/2000 5. Citizen at-large, appointed by City Council, Jacky-Brooks Lawrence two year term expires 5/2001 6. Citizen at-large, appointed by City Council, Brad Bartholonew one year term- expires 5/2000 7. Citizen at-large, appointed by CISD, Roxane Matela-Berenbeim two year term- expires 5/2000 8. Citizen at-large appointed by CISD, Margaret Melton one year term-expires 5/2000 9. Member of Southalke Chamber of Commerce, Bob Hamilton two year term- expires 5/2001 10. Member of Southlake Chamber of Commerce, Joey Milner one year term-expires 5/2000 11. Member of Mayor's Advisory Committee, Vacant, two year term-expires 5/2001 Regular City Council meeting Minutes of March 2, 1999 page 10 of 27 The Joint Drug and Alcohol Awareness Committee shall appoint sub-committee members to participate in the effort of the committee. Such sub-committee members shall serve for a one year terms from the date of appointment; such sub-committee members shall not be voting members of the committee. 5-0. Ordinance No. 480-306, 1st Reading, ZA 99-005, Zoning change on property. Zoning change on property legally described as being Tract IA1 situated in the Larkin H. Chivers Survey, Abstract No. 300, and being approximately 9.996 acres. Current zoning is "AG" Agricultural District with a requested zoning of "RE" Residential Estate District. Owner: Trigg and Traci Moore. This item was approved on first reading. The public hearing is set for March 23, 1999. Agenda Item #5-F, Residential Developer Agreement for The Traiihead Addition City Manager Curtis Hawk stated this item was discussed in work session and he feels the issues that Council expressed concerns about amount to the credit that it appears the City would be owing to the developer. This is a recommendation that came forth from the Park and Recreation Board. Staff needs direction from the Council on how to address these concerns. Councilmember Scott Martin stated his concern is the various parks with the sole exception of the flood plain. All of these were shown on the project, and he has concerns that the parks were not legible. He stated he needs to know where the property is. Councilmember Gary Fawks stated he feels it is inappropriate to can3' forward a credit from one development to the next. He is in favor of bringing the developer agreement forward without a credit. Director of Community Services Kevin Hugman stated the flood plain that was given credit was not dedicated park land. It is open space but it is done as a private open space so the Park Board has developed work sheets over time and what they do is give 50% or less credit to private open space. Councilmember Wayne Moffat stated this discussion was held in work session and he agrees with Councilmember Fawks that the City should not have a system that sends credits from one project to the other, but it does not seem fair to be changing the rules at this time, in the middle of the project. The developer has complied with the rules as they were written. Developer Fred Joyce stated he will eliminate the trail along Johnson Road as it is not required. It is about $9,000 and will be tom up eventually. Councilmember Debra Edmondson stated she understands what is being said, but has a couple of issues. She feels it is okay if Council periodically second guesses the Park Board, Open space for pick-up games totaling .681 acres with a proposed value of $21,000. That is land that is right outside of the flood plain that follows the flood plain. Regular City Council meeting Minutes of March 2, 1999 page 11 of 27 She said, "In my mind, I just don't see that as something we should give a credit to." "I don't want to turn this into a huge issue. I have a problem with any developer. We give them credit for what they do which is private open space, but then we walk out of it owing the developer $6,000 in credits." "Personally, I don't like this." Kevin Hugman agreed to take this back to the Park Board and will be sure the developer will not get a credit. Motion was made to authorize the Mayor to enter into a residential developer agreement for The Trailhead Addition as presented. Motion: Fawks Second: Evans Ayes: Fawks, Evans, Kendall, Moffat, Stacy Nays: Martin, Edmondson Approved: 5-2 vote Agenda Item #5-M, Resolution No. 99-14, Calling a Bond Election for May 1, 1999 City Manager Curtis Hawk stated Resolution No. 99-14 will call the bond election for traffic management improvements, design enhancements for the SH 114 project, and the hike and bike trails. As discussed with Council in the meeting last week, the ballot will have three propositions: $17,300,000 for street intersection improvements; $2,150,000 for the enhancements to the SH 114 interchanges; and $4,730,000 for hike and bike trails. Mr. Hawk stated the wording on the resolution for the propositions is drafted to meet the statutory requirements. Mayor Stacy stated once again for the benefit of the audience: Proposition No. 1 will be for street intersection improvements at $17,300,000; Proposition No. 2 will be for enhancements to the SH 114 interchanges in the mount of $2,150,000; and, Proposition 3 will be for Hike and Bike Trails in the amount of $4,730,000. The City Manager stated the staff "kick-off' meeting to discuss the plans for informing the citizens about the bond election will be held tomorrow morning. Motion was made to approve Resolution No. 99-14 as presented. Motion: Martin Second: Evans Ayes: Martin, Evans, Fawks, Kendall, Moffat, Edmondson, Stacy Nays: None Approved: 7-0 vote Agenda Item #6, Public Forum No comments were made during the public forum. Regular City Council meeting Minutes of March 2, 1999 page 12 of 27 Agenda Item #7-A, Ordinance No. 480-303, 2n~ Reading (ZA 99-001) Ordinance No. 480-303, 2nd Reading (ZA 99-001), Rezoning on property legally described as being Tracts 8All and 8A15 situated in the Thomas M. Hood Survey, Abstract No. 706, and being approximately 4.878 acres. Current zoning is "AG" Agricultural District with a requested zoning of "SF-1A" Single Family Residential District. Owners and Applicants: Ray and Vicki Williamson. Zoning Administrator Karen Gandy stated, ten (10) notices were sent to property owners wittfm the 200' notification area and one (1) written response was received from Randy and Terri Keene, 900 Brazos Drive, $outhlake in favor. In response to a question from Councilmember Scott Martin, Ms. Gandy stated there will be a single lot plat showing on the property. PUBLIC HEARING: No comments were made during the public hearing. Motion was made to approve Ordinance No. 480-303, 2nd reading. Motion: Mo ffat Second: Edmondson Ayes: Moffat, Martin, Edmondson, Evans, Fawks, Kendall, Stacy Nays: None Approved: 7-0 vote Agenda Item #7-B, ZA 98-145, Site Plan for Dardan Square ZA 98-145, Site Plan for Dardan Square, on property legally described as a portion of Tract 2, situated in the Hiram Grandberry Survey, Abstract No. 581, being approximately 0.705 acres. Current zoning is "C-2" Local Retail Commercial District. Applicant: Dana Bailey. Owner: Conner Lam. Zoning Administrator Karen Gandy stated eleven (11) notices were sent to property owners within the 200' notification area and two (2) written responses were received from: Larry and Robbie Sue Mudd, 104 Clear Lake Court, Southlake, in favor; and, Mary Dominguez, SPIN14 Representative, 209Lake Crest Drive, Southlake. Undecided. Dana Bailey, applicant, and her father, Van Jones, Colleyville, Texas. Mr. Jones stated they were charged with coming up with the best flow for the internal traffic and explained the plan to Council. He stated they met with City staff and with the architect and they met with the SPIN group on two different occasions. Mr. Jones stated they will present tonight what they believe is the best traffic flow for the property at this stage. The driveway going into the property at this time is an existing driveway and they are making use of that driveway. They cleared the other driveway. When they met with the SPIN group, there was really no consensus except that the Chesbro's supported the Regular City Council meeting Minutes of March 2, 1999 page 13 of 27 lighting plan as it will prevent lights from shining on their home. The two driveways were supportable, according to Mr. Jones. He proposes the west driveway as a full access driveway that will serve both lots. The furtherest driveway (east) is to be right out only. He stated they are open to comments. CONTINUATION OF THE PUBLIC HEARING: Mary Dominquez, 209 Lake Crest, Southlake. Ms. Dominquez stated they had two SPIN meetings whereby the Mudd's and Chesbro's were concerned with the headlights shining in their homes. She stated she still wants to see the driveways further from Lake Crest. Councilmember Ronnie Kendall stated, "Even though I realize I am not responsible for making sure the driveway works, it would be hard for me to approve something that didn't work. I know from living it, it wouldn't work the way we had it." "I think it is the most logical way for the west driveway to be "in" and the east driveway to be "out". She stated the driveways should be clearly marked. She stated she feels this would be best for the business and not does feel it would be too much of an inconvenience to the other lot and it would be safer for the children taking lessons." Councilmember Wayne Moffat stated he feels, as a father that dropped off daughters at dance lessons many times, he agrees with Councilmember Kendall. Dana Bailey agreed with this flow pattern for the driveways. Ms. Bailey stated the lessons are not staggered at this time, but will be when the new building is complete. Councilmember Debra Edmondson went through the driving patterns with staff, stating, "In a perfect world this traffic pattern would work, however, we don't live in a perfect world." Public hearing closed. Motion was made to approve ZA 98-145, Site Plan for Dardan Square, subject to the Site Plan Review Summary #4 dated FebmaW 26, 1999, and subject to the plan submitted at the meeting, allowing two (2) drives; with the westernmost being entrance only and the easternmost being exit only (one-way traffic cimulation only); to require the applicant to post signage to indicate that and making this a one way-traffic flow. Motion: Fawks Second: Evans Ayes: Fawks, Evans, Kendall, Moffat, Stacy Nays: Edmondson, Martin Approved: 5-2 vote Agenda Item #7-C, ZA 99-008, Site Plan for North Davis Business Park ZA 99-008, Site Plan for Lots 3 and 4, Block A, North Davis Business Park, on property legally described as Lots 3 and 4, Block A, North Davis Business Park, an addition to the City of Southlake, Tarrant County, Texas, as recorded in Volume 388-197, Page 40, Regular City Council meeting Minutes of March 2, 1999 page 14 of 27 Deed Records, Tarrant County, Texas, and being approximately 2.2 acres. Current zoning is "I-1" Light Industrial District. Owner and Applicant: SLJ/Exchange. Zoning Administrator Karen Gandy, stated eight (8) notices were sent to property owners within the 200' notification area and no written responses were received. On February 18, 1999, the Planning and Zoning Commission approved this item subject to the Site Plan Review Summary No. 1, dated February 12, 1999, relocating the west driveway to align with the existing driveway across the street (Item #5-b), and recommending a minimum of 35 parking spaces but recognizing they will try to get 36 (Item #6). Councilmember Scott Martin asked why the driveway was moved. Charlie Thomas, Deputy Director of Public Works responded. Michael Lease, president of Structures Interiors, Inc. Southlake. Mr. Lease was present to answer questions of Council, representing the applicant. John Daugherty, applicant. Mr. Daugherty stated they want 35 parking spaces on each lot or building. He stated they are asking for approval on the plat as shown. PUBLIC HEARING: No comments were made during the public hearing. Councilmember Scott Martin stated he is in favor of less parking and more landscaping. Councilmember Gary Fawks stated he would support 35 parking spaces if that is what the applicant is asking for. Motion was made to approve the Site Plan for North Davis Business Park, subject to the Site Plan for Lots 3 and 4, Block 4, North Davis Business Park; pursuant to the Site Plan Review Summary No. 2, dated February 26, 1999; allowing the westernmost driveway as presented at the meeting as shown on the revised plan dated February 17, 1999; amending Item #3 to allow the bufferyards between Lots 3 & 4, as proposed by the applicant (152' in length with 84' being doubled in width -i.e. 10') with remaining 68' being 5-foot in width; and with the plantings required for the full 200' length; amending Item #4 to allow the 28' throat depth as shown; and amending Item #5 to allow a 10% parking variance resulting in 35 parking spaces being required per building. Motion: Martin Second: Evans Ayes: Martin, Evans, Fawks, Kendall, Moffat, Edmondson, Stacy Nays: None Approved: 7-0 vote Agenda Item #7-D, ZA 99-009, Site Plan for Lonesome Dove Baptist Church ZA 99-009, Site Plan for Lonesome Dove Baptist Church Addition, on property legally described as Tracts 2C and 2D1 situated in the N.E. Thompson Survey, Abstract No. 1563, and being approximately 11.271 acres, and being the approved Final Plat of Lot 1, Block 1, Lonesome Dove Baptist Church Addition. Current zoning is "CS" Community Service District. Applicant: GSBS/Batenhorst. Owner: Lonesome Dove Baptist Church. Regular City Council meeting Minutes of March 2, 1999 page 15 of 27 Zoning Administrator Karen Gandy stated nineteen (19) notices were sent to property owners within the 200' notification area and no written responses have been received. Ms. Gandy stated an 'all weather surface' would be required on the driveway. The site plan is being changed as they plan to build a single story recreation hall and expand the parking area. Ty Holcomb, 7291 Glenview Drive, North Richland Hills, Texas. Mr. Holcomb reviewed the comments in the summary review letter for Council. He stated the big items will need to go before the Zoning Board of Adjustments. The building articulation is an issue for City Council to consider. He stated the requirements as calculated to meet the city minimums are going to cost the church anywhere from 50 to 70 thousand dollars. The owners are asking that all the bufferyard and interior landscaping requirements have a variance granted (Item #4). They wish to leave as is. Mayor Stacy stated he heard the tail-end of this case at the Plann'mg and Zoning Commission. He stated if they follow the bufferyard requirements and the sprinkler system, they will ruin many very large trees. Councilmember Fawks stated it may be appropriate to waive the requirements for placement of the bufferyard requirements. Coy Quesenbury, Pastor of Lonesome Dove Baptist Church. He asked the Council to turn this matter over to the church to do what they feel is best. They are out of space and need more space. This will be the relief that they need. PUBLIC HEARING: Jim Holton, 1775 Sunshine Lane, Southlake. Mr. Holton stated they are out of room at the church and about $100,000 short. He stated anything that the Council can do will be appreciated. Motion was made to approve the Site Plan for Lonesome Dove Baptist Church subject to the Site Plan Review Summary #2 dated February 26, 1999; deleting Item #2 regarding the dumpster screening material; deleting Item #3 (a & b) to allow the horizontal and vertical articulation as shown; waiving Item #4 (a & b) regarding the required bufferyards as related to this project; adding Item g4c and waiving same: "Applicant should provide interior landscaping as required by Ordinance No. 544 for the 5,996 sr. new construction."; deleting Item #5-a to allow the existing driveway widths as shown (being approximately 18'); and deleting Item #5b to allow the approximate 40' stacking as shown on the three northernmost drives. Motion: Mo ffat Second: Evans Ayes: Moffat, Evans, Martin, Edmondson, Fawks, Kendall, Stacy Nays: None Approved: 7-0 vote Agenda Item #7-E, Resolution No. 99-10 (ZA 99-010) Specific Use Permit for Special Events at Grand Opening of Town Square Regular City Council meeting Minutes of March 2, 1999 page 16 of 27 Resolution No. 99-10, (ZA 99-010) Specific Use Permit for Special Events associated with the Grand Opening of Town Square, Phase 1, on property legally described as 42.013 acres situated in the Richard Eads Survey, Abstract No. 481, and being Tract 3B and a portion of Tracts 2A and 3, and being the approved Final Plat of Southlake Town Square, Phase I. The approved Site Plan for Phase I was submitted with this request. Current zoning is "NR-PUD" Non-residential Planned Unit Development to include "C- 3" General Commercial District uses. Applicant: Cooper and Stebbins, L.P. Owners: Southlake Venture West L.P. and Southlake Central Venture (advertised as The Fechtel Group). Zoning Administrator Karen Gandy stated eleven (11) notices were sent to property owners within the 200' notification area and one (1) written response has been received from Juergen F. Strunck, 200 North Carroll Avenue, $outhlake. In favor, "My wife and I will celebrate the hoped-for-completion on our own for the also hoped-for-peace it may return to our neighborhood." Brian Stebbins, 904 Independence Parkway, Southlake. Mr. Stebbins gave an overview of the day stating there are over 700 participants in the parade at this time. He expla'med the parade will be the first event and outlined the parade route. The parade actually starts at 9:00 a.m. The Town Square Ribbon Cutting Ceremony will begin at 10:00 a.m. at the Bandshell Pavilion. The Town Square Ground Breaking will begin at 10:30 a.m. at the Town Hall site. The list of events include: I0:00 a.m. 11-12 a.m. 11-3 p.m. 12-5 p.m. 12 p.m. 1 p.m. 1:30 p.m. 2 p.m. 3 p.m. 4 p.m. 6 p.m. 7:30 p.m. Stores open. Fort Worth Zoo Presentation Firecracker the Clown, face painting and animal balloons Afternoon variety (performers at the bandshell and roaming in Town Square) Gymnastics Plus Performance Old fashioned gun fight Lone Star Chorus Runway Theater Performance at the Pavilion 2na Zoo Presentation Lake Cities "Big Band" performance at the Pavihon Lake Cities "Swing Band" performance at the Pavilion Erin Hudnall performance PUBLIC HEARING: No comments were made during the public hearing. Motion was made to approve the Specific Use Permit for Special Events associated with the grand opening of Town Square, Phase I, with the SUP expirating on March 21, 1999. Motion: Edmondson Second: Martin Ayes: Edmondson, Evans, Fawks, Kendall, Ma~'ln, Stacy Nays: None Approved: 6-0 vote Councilmember Wayne Moffat was out of the room and did not vote. Regular City Council meeting Minutes of March 2, 1999 page 17 of 27 Agenda Item #7-F, Ordinance No. 480-302, 2nd Reading ZA 98-157 Ordinance No. 480-302, 2nd Reading (ZA 98-157), Rezoning on property legally described as Tracts 1A1A2B and 1A1A2C, situated in the Ben J. Foster Survey, Abstract No. 519, and being approximately 4.279 acres. Current zoning is "AG" Agricultural District, with a requested zoning of "SF-1A" Single Family Residential District. Owners and Applicants: Parvez and Seema Malik. Karen Gandy, Zoning Administrator, stated four (4) notices were sent to property owners within the 200' notification area and no written responses have been received. Ms. Gandy noted this item was approved by the Planning and Zoning Commission on February 4, 1999. The first reading of the ordinance was approved by the City Council on February 16, 1999, as part of the consent agenda. Parvez Malik, owner of the property was present for the meeting. Mr. Malik answered questions for the Council. PUBLIC HEARING: No comments were received during the public hearing. Councilmember Debra Edmondson noticed on the plat that both lots front on Randol Mill Road. She asked Mr. Malik if he were aware of the future plans to widen Randol Mill Avenue. He stated that he is aware. Motion was made to approve Ordinance No. 480-302, 2nd Reading, rezoning the property from "AG" to "SF- 1A". Motion: Fawks Second: Martin Ayes: Fawks, Martin, Edmondson, Evans, Kendall, Moffat, Stacy Nays: None Approved: 7-0 vote Agenda Item #7G, ZA 98-158, Preliminary Plat for Lots 1 and 2, Malik Estates Addition. ZA 98-158, Preliminary Plat for proposed Lots 1 and 2, Malik Estates Addition, on property legally described as being Tracts 1A1A2B and 1A1A2C situated in the Ben J. Foster Survey, Abstract No. 519, and being approximately 4.279 acres. Current zoning is "AG" Agricultural District. Owners and Applicants: Parvez and Seema Malik. Karen Gandy, Zoning Administrator, stated that four (4) notices were sent to property owners within the 200' notification area and no responses were received. On January 19, 1999, the applicant submitted a letter to table this case to the February 16, 1999, City Council meeting. On February 16, 1999, the City Council approved on the consent agenda, the applicant's request to table this item to this meeting. Regular City Council meeting Minutes of March 2, 1999 page 18 of 27 Councilmember Scott Martin asked if the easement that has been granted for Gifford Court specifically, and should it specifically allow, all the properties to have ingress- egress via the existing drive and is that appropriate for them to acquire or "piggy-back" on the easement that was granted before? Karen Gandy, Zoning Administrator, stated it is her understanding that the easement where the road is actually constructed is solely for Mr. Lemki. Director of Economic Development Greg Last stated there is a physical separation between the southern fight-of-way on Gifford Court and the edge of pavement on the existing pavement drive of about about 3 feet. Mr. Martin stated this plat proposed the dedication of 60' from their south property line. Mr. Last stated they have ask for that right-of-way dedication to be in conformity to what was previously subdivided, so that there would be a continuity of roadways to access all those tracts. Should any of those tracts come forward, they would be required to plat it, Their dilemma is that they would not front on a public street, so it is a cumulation that would need to be resolved. Parvez Malik, owner. Mr. Malik commented on the 60' right-of-way dedication on the south of the property, stating, he does not have a problem with that. The easement is there and they can use it for whatever they want to use it for. All the property drawings and elevations are according to the easement and also on Randol Mill Avenue. He noted the house is going to be on the north lot. Director of Economic Development Greg Last pointed out the terminology in discussing this plat is going to be critical regarding the difference between easement and right-of- way. This property currently has an easement encumbering 60' of the south limits of the property. The easement has been recorded and filed in the deed records. The City is asking that a fight-of-way be dedicated until such time as a road meeting public standards approved. The City would not accept the property as right-of-way but it would be shown on the plat as right-of-way. At this point and time it would be overlapping the existing easement. We may have another discussion point as to whether everyone could come together and work that fight-of-way over the existing concrete. The terms are important. Councilmember Gary Fawks stated, "When Mr. Malik subdivided the property in that manner in which he has, he has denied himself access to Lot 1 because the City does not allow a drive way onto Randol Mill Avenue for that single lot. Under our ordinance that is an arterial roadway and will eventually be much larger." Mr. Malik stated, "This project was discussed with staffbefore we ever drew anything on the piece of paper. This is what staff told us to do. When we discussed with staff they told us what they wanted to see on it." "After we provided all the stuff on the plat, then they came back and told us that we cannot have entrances on Randol Mill Road." Greg Last stated it is very possible that when an evolution of drawings becomes available, different issues arise. Last stated, "Whether or not staff looked at a plat, I cannot tell you. If he had shown that he desired to split the property into two lots, we probably told him that this is how the lots had to be configured. It is entirely possible Regular City Council meeting Minutes of March 2, 1999 page 19 of 27 that the issue of limiting access for driveways on Randol Mill had not been raised without knowing the full breath of what you are proposing." Last said he cannot discount that what Mr. Malik said is not tree. If the discussions involved zoning, there is no prohibition to the zoning being adjacent to the property. Last stated he is confident that staff did not tell him that he could have all the driveways he wanted on Randol Mill Road. Malik stated he had the request for two lots at the time he talked with staff. He stated there are all kinds of houses on Randol Mill Road that have driveways onto the roadway. Councilmember Scott Martin stated they are really not going to like it when the road gets built because they are not going to be able to get out of their homes because of the heavy volume of traffic that might be there at that time. Martin asked, "We have an ordinance that prohibits it due to a safety issue. Most people come before Council do not know the ordinances inside and out. Staff cannot allow a person to do anything that violates the laws. Only Council can give those variances. It doesn't really matter if staff made a promise or in a conversation didn't give the applicant all the information they needed, it is onerous on the applicants and their architects and engineering to know what the ordinances say." Joy Clark, Randol Mill Road, Southlake. Ms. Clark asked why can't Mr. Malik come off of Gifford Court with his driveway? Ledford White, Attorney, North Richland Hills, Texas. Mr. White stated he has a copy of the famous easement. It stated no one can use the easement except those who are named in the document. Mayor Stacy commented, "You, being an attorney, know how difficult it is when property gets subdivided without coming through the City and being platted appropriately." Mr. White addressed the issue of access onto Randol Mill Road. Access to a public thoroughfare is a property right. If you take away or limit that property right, it is a "taking" which is the same as a condemnation. Mr. Martin brought up an exercise of the pohce power, which is a public safety issue. Mr. White stated that Mr. Malik wants to enter his property off of Randol Mill Avenue. Greg Last, Director of Ecomonic Development, stated, "Staff has contacted me. Lemki and Joy Clark and they all need to work together on this issue." Mr. White agreed he would be willing to try and work out the issues. Councilmember Scott Martin stated it would be good if everyone involved could work out the issues. City Attorney Wayne K. Olson stated, as he sees it, there are three options for Council on this issue: 1) approve the plat; 2) deny the plat for non-compliance; or, 3) with approval of the applicant, this issue can be tabled until future time. Motion was made to deny ZA 98-158 as presented. Motion: Fawks Regular City Council meeting Minutes of March 2, 1999 page 20 of 27 Second: Edmondson Ayes: Fawks, Edmondson, Kendall, Moffat, Martin, Evans, Stacy Nays: None Denied 7-0 vote Council adjourned into recess at 10:45 p.m. Council returned to open session at 11:00 p.m. Agenda Item #7-H, Ordinance No. 736, 2nd reading, Creating a Department of Economic Development. Curtis Hawk, City Manager, stated the responsibilities for economic development have evolved over the past several years. Originally the duties were under the City Manager's office. Over a year ago they were transferred to Community Development because of the many synergies between the two activities. The increase in major corporate interests in the City has necessitated a more dedicated focus. As well, there are several programs that have been discussed, as developed by Director Last and Kate Barlow, which deserve more focused attention. Hawk stated, the creation of the new department will require the appointment of a Director to manage its administrative affairs. This is the only new position which would be required for the formation of the new department. City Council approved the appointment of Community Development Director Greg Last as Director of Economic Development at its regular meeting on February 16, 1999. PUBLIC HEARING: No comments were made during the public heating. Motion was made to approve Ordinance No. 736, 2nd reading. Motion: Kendall Second: Martin Ayes: Kendall, Martin, Evans, Fawks, Moffat, Stacy Nays: None Approved: 6-0 vote Councilmember Edmondson was out of the room and did not vote. Agenda Item #8-A, Ordinance No. 480-301, 1st Reading, Barton House Uncommon Care Ordinance No. 480-301, 1st Reading (ZA 98-149), Rezoning and Site Plan for Barton House Uncommon Care, Inc., on property legally described as Tract 6D situated in the Thomas M. Hood Survey, Abstract No. 706, and being approximately 3.046 acres. Current zoning is "AG" Agricultural District with a request for "S-P-i" Detailed Site Plan District with "O-1" Office District uses including a personal care facility for Alzheimer's patients. Owner and Applicant: Uncommon Care, Inc. dba Barton House. Regular City Council meeting Minutes of March 2, 1999 page 21 of 27 Zoning Administrator Karen Gandy stated ten (10) notices were sent to property owners within the 200' notification area and one (1) notice was received from Jack R. Jones, 1250 North White Chapel Boulevard, Southlake, undecided, "Have no problem with this application for zoning changes if Barton House is constructed on the property. Any other business, etc., would change our opinion if we were not aware of final decision for property development." On February 4, 1999, the Planning and Zoning Commission approved this request (6-0 vote) subject to Site Plan Review Summary No. 2, dated January 29, 1999, accepting Item #1 (minimum unit floor areas) and not accepting Item #2 (maximum number of housing units per acre), but allowing eighteen (18) living units and one (1) student apartment in Phase I and sixteen (16) living units and one (1) conference room in Phase 2, and also requiring steel posts on the perimeter fencing. John Freebie, owner of Uncommon Care. Mr. Freebie stated they are a small personal care provider. He stated they have facilities in Austin, San Antonio, and Houston, and hopefully Southlake. They do things a little bit different than what is normally done for Alzheimers care. He stated they look and feel just like a house, as it is good for people with Alzheimer's to feel like they are in a home. On the outside they look like a single story 9,000 square foot home. They try to screen it from the road and try to protect the privacy of the clients. The reason they are asking for a conference room is because they have a family support group conference room. They have an apartment on one of the facilities so that they can keep one more person on site, above the people who work at the facility. In case of an emergency, they will have one more person to help evacuate the facility. He stated their people have a tendency to wonder and they need to have a very secure environment for them. The other person will be someone who will live there and serve as an intern and help educate the caregivers. Robert Montgomery, 3808 Big Horn Trail, Plano. Mr. Montgomery stated he is the project manager for the project. PUBLIC HEARING: John Larson, 1386 Lakeview, $outhlake. Mr. Larson stated he lives two houses away fi'om the proposed site of the Barton House. He has an issue with the density of the project. He stated he feels the apartment is an occupancy and should be included in the total beds for the facilities, Mr. Larson stated the conference mom could be used as an apartment and it should be added in the density. On the Land Use Plan, it is a low density area and this is out of character with the neighborhood. He stated he does not have a problem with the size of the living quarters. If this does not work out what would happen to the property? This is one of his concerns. The drainage from this property runs across the property onto his property. This is also a concern. He stated he received the rules from Tan'ant County Health Department on the leach field for the septic system. He stated he believes to keep this project fi'om being a health hazard, they should put in the sewer system. He also has an issue with the number of trees on White Chapel Boulevard. If the roadway is widened what will happen to the trees? Regular City Council meeting Minutes of March 2, 1999 page 22 of 27 Roger Hutton, 1380 Shady Oaks Drive, Southlake. Mr. Hutton stated he is SPIN representative for the area. They had a meeting on August I0, and the issue has been on the cable channel and in the City Manager's Report. He commends these folks for going beyond what is right. He encourages the City Council to approve this plan. Southlake needs it. Mr. Montgomery stated they had a Registered Sanitarian work with the septic system. They discussed an aerobic system. He stated they are concerned about the neighborhood and want to do a quality project. Councilmembers asked for details on the septic system before the 2nd reading of this ordinance is considered. Motion was made to approve 1st reading of Ordinance No. 480-301, changing the zoning of "AG" to "S-P-l" with "O-1" uses including a personal care facility for Alzheimer's patients; subject to the Site Plan Review Summary #3, dated February 26, 1999; allowing a 20-bed facility plus one student apartment for Phase I and a 16-bed facility with conference room for Phase 2; deleting Item gl to allow a reduction in the square footage of the housing units to a range between 185 sr. and 215 s.f.; deleting Item #2 to allow the horizontal and vertical articulation as shown; suggesting that the entrance drive be adjusted to save trees along the edge of the proposed new right-of-way; and deleting Item #5 at the request of staff (applicant has provided the required 28 parking spaces as shown). Motion: Moffat Second: Martin Ayes: Moffat, Martin, Edmondson, Evans, Fawks, Kendall, Stacy Nays: None Approved: 7-0 vote Agenda Item #8-B, Ordinance No. 480-304, 1st Reading (ZA 99-002), Rezoning Ordinance No 480-304, 1st Reading, (ZA 99-002), Rezoning on property legally described as being Tract lA2 situated in the Francis Throop Survey, Abstract No. 1511, and being approximately 1.97 acres. Current zoning is "O-1" Office District. Requested Zoning is "SF-30" Single Family Residential District. Owner and Applicant: V. Patrick Gray Custom Homes, Inc. Karen Gandy, Zoning Administrator, informed the Council that eleven (11) notices were sent to property owners within the 200' notification area and four (4) responses have been received from: David Callahan, 2411 Taylor Street, Southlake, opposed; W.P. Hogue, 1507 E. Dove Road, Southlake, opposed; F.C. LeVrier, 1515 Dove Road, Southlake, opposed; Mario S. Moline, 1481 East Dove Road, Southake, opposed. Mrs. Gandy stated a concept plan is required with a request for "SF-30" Single Family Residential District zoning. Due to the limited scope of development of this property the Zoning Administrator has waived the required Concept Plan. An application for a Plat Showing is being processed concurrently with this rezoning application which proposed two lots of Regular City Council meeting Minutes of March 2, 1999 page 23 of 27 approximately 35,000 s.f. within the boundary of this request with no new streets or significant public infi'astrucmre. Patrick Gray, applicant. Mr. Gray stated he is the home builder and all the lots front on Lonesome Dove Road. Councilmember Scott Martin stated he has two concerns, "We don't need any more residential property in this city and it does not seem logical that we remove a nice neighborhood site and replace it with two homes that are going to make demands upon the school system. And, we basically agreed during the Land Use Plan discussions, that all the area shown as medium density should be shown as office commercial. It causes the City problems and it sets a bad precedent that we are taking something like Office One (O-1) zoning to something that will have a detrimental impact like residences. The second point is the fact that the City discussed during the Land Use Plan that we need low development on the north half of the City." He stated, "If we approve this, there is another one being proposed off Raintree Lane and Shady Lane. If we approve this tonight, tomorrow morning there will be anywhere from one to five new applications. PUBLIC HEARING. No comments were made during the public hearing. Motion was made to approve Ordinance No. 480-304, 1st reading. Motion: Moffat Second; Kendall Ayes: Moffat, Kendall, Edmondson, Evans, Fawks, Stacy Nays: Matin Approved: 6-1 vote Agenda Item #8-C, ZA 99-003, Plat Showing for Proposed Lots 9 through 11, F. Throop No. 511 Addition ZA 99-003, Plat Showing for proposed Lots 9 through 11, F. Throop No. 511 Addition, on property legally described as being Tracts 2Al and 2B1, situated in the N.E. Thompson Survey, Abstract No. 1563, and tract lA2, situated in the Francis Throop Survey, Abstract No. 1563, and Tract lA2, situated in the Francis Throop Survey, Abstract No. 1511, and being approximately 3.08 acres. Current zoning is "SF-1A" Single Family Residential District and "O-1" Office District. Owner and Applicant: V. Patrick Gray Custom Homes, Inc. Zoning Adm'mistrator Karen Gandy stated, thirteen (13) notices were sent to property owners within the 200' notification area and two (2) written responses were received from: David W. Callahan, 2411 Taylor Street, Southlake, in favor; and, F.C. LeVrier, 1515 East Dove Road, Southlake, opposed. The applicant has met all requirements in Plat Review Summary No. 1, dated January 29, 1999, with the exception of those listed in Plat Review Summary No. 2, dated February 12, 1999. Regular City Council meeting Minutes of March 2, 1999 page 24 of 27 Patrick Gray, applicant. Mr. Gray stated he is the owner and builder for these lots and would like to hook onto the sewer system. Motion was made to approve the Plat Showing for proposed Lots 9 through 11, F. Throop No. 1511 Addition, subject to the Plat Review No.2, dated February 12, 1999. Motion: Fawks Second: Moffat Ayes: Fawks, Moffat, Kendall, Edmondson, Evans, Stacy Nays: Martin Approved: 6-1 vote Agenda Item #8-D, Ordinance No. 737, 1st reading, Consent to Transfer Control of Cable Service from Marcus Cable to Paul G. Allen Director of Community Services Kevin Hugman stated Ordinance No, 737, 1st reading, is a consent to transfer of control of cable television system and franchise from Marcus Cable to Paul G. Allen, and also approve the related agreements. He asked that council consider approval of the ordinance, consenting to the transfer to Paul Allen (acting through the management of Charter Communications, Inc.). A copy of the memorandum from Mr. Hugman dated February 26, 1999 explaining the background information of the transfer is hereby attached to the minutes of the meeting, as well as the summary of points of the Marcus Cable Tranfer Agreement. Councilmember Kendall stated she has concerns with the cable going off all the time. They will be watching the cable and all of a sudden it will go off. She feels the community should not pay for service they are not getting. Councilmember Debra Edmondson asked if there was any discussion by the consortium on Charter offering the cities a percentage of the at home fees? Are the on-line advertising revenues separate from the advertising fees? Hugman stated he does not recall that there were discussions on these issues. Dave Wareheim, Regional Vice President for Charter Cable Company. Mr. Wareheim was present for the meeting to answer questions of Council. Mr. Wareheim stated he is moving to Southlake and will be a resident here, and a voter! He stated he feels Kevin Hugman did an excellent job explaining the agreement and ordinance to the Council and the audience. He stated he believes they have gotton together a pretty good agreement. There is still one item, the free converted boxes that is still in the transfer agreement for Southlake that Charter cannot agree to. He stated they have offered an alternative plan which they think is fair and gives Southlake the best deal going in the corsortium. That is a multi-box plan. For a period of 2 years (to year 2001), with the outlets that Southlake has which is 2.4, still offers a significant discount. He stated he will be looking for ways to enrich this offer. Mr. Wareheim stated our franchise fee is 3% until August, 2000, then the franchise fee will be 5%. PUBLIC COMMENTS: Regular City Council meeting Minutes of March 2, 1999 page 25 of 27 John Gerken, 1386 Lakeview, Southlake. Mr. Gerken explained to Council the problems he has had with Marcus Cable Company. He stated he is upset about the increase in price for service that is no better. Councilmember Edmondson stated, "I appreciate Charter and appreciate their efforts in coming up with a suitable compromise to move this forward, however, I still have some serious concerns regarding this. The reason is because I'm not sure that based on what Charter gets out of this, that at this point and time the city is getting enough back. Their going to have the oppommity to provide Interact service in what I believe will be the way to surf the net, so to speak, through our right-of-way lines, even though Intenet service has not been classified by the FCC as a cable service. I understand that we have it in the franchise agreement, and that is fine, but, I would like to see the fxanchise fee go to 5% immediately, and secondly, I still would like to push for the fourth box being 50 cents and lower. That is more equitable for our residents. The issue of the Interact going over the cable lines is a major issue, and it offers Charter a significant oppommity." Mayor Stacy asked how much money the 2% franchise fee would be to the City? Hugman stated he feels about $27,000 per year at the current subscriber level. Edmondson stated the other issue is the 50 cents or below for the fourth box. She stated she has gotton more calls on this issue than any other issues. Mr. Wareheim stated the increase in franchise fees would be a pass-through to the customers, adding about $1.00 per month to the customer bill. Motion was made to approve Ordinance No. 737, 1st reading. Motion: Fawks Second: Evans Ayes: Fawks, Evans, Kendall, Moffat, Martin, Edmondson, Stacy Nays: None Approve: 7-0 vote Agenda Item #10-A, Request for Sign Approval of Milwaukee Joe's Ice Cream Store Deputy Director of Public Works Ron Harper presented the request for a blade sign, which includes the use of neon for Milwaukee Joe's Ice Cream, at 1417 Main Street, Town Square. He noted a conditional sign permit was granted by the City Council on December 15, 1998, establishing special sign regulations for Southlake Town Square. During the deliberations on the special regulations, staff mentioned that they would bring forward to Council, for their review and comment, any signs which staff felt were "out of the ordinary." This sign meets the technical requirements of the regulations as a Building Blade Sign. Staff felt that the sign was of such a unique character and style that Council would like to provide input into the approval process. The logo of the subject tenant is somewhat unusual in that it is pictorial and has no words. The sign is outlined by neon lighting and Section 5 of the sign regulations states that neon will be reviewed on an individual case basis. Regular City Council meeting Minutes of March 2, 1999 page 26 of 27 Motion was made to support the sign without the neon. Motion: Edmondson Second: Mo flat Brian Stebbins, Town Square. Mr, Stebbins stated Town Square is about enthusiasm and personality. The sign reflects personality. He stated he passed on about four ice-cream stores until he got to this company because they have great ice-cream and they have great personality. He stated the neon is artistic and it illuminated the sign. They stated they would be willing to change the color of the neon to white. Ayes: Edmondson, Moffat, Martin, Evans, Fawks, Kendall, Stacy Nays: None Approved: 7-0 vote Agenda Item #12, Adjournment Mayor Rick Stacy adjourned the meeting at 1:10 a.m. ATTEST: Sandra L. 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CO 14 C s - s - s - r s - s - s - s - s - N N N N N N N N N N C'0 M CO M M M Ch CO co 0 1 1 1 • coIIN? • TARRANT NT COUNTY HEALTH DEPARTMENT 1800 UNIVERSITY DRIVE FORT WORTH, TEXAS 76107 July 27, 1998 John Larson 335 Ravenaux Southlake, Texas 76092 Dear Mr. Larson: In response to your questions about the sizing of disposal areas for surface application systems: A house of up to 4,500 sq. feet /no more than five bedrooms - we would use a maximum daily flow of 450 gallons per day. If the house were equipped with water saving devices we would use 360 gallons per day. Please note that we use the larger of the house size or number of bedrooms. Application rate = .045 gallons /square foot /day (that is square feet of application area) so divide the gallons per day by the application rate to reach the required application area 450 / 0.045 = 10,000 sq. feet of application area or 360 / 0.045 = 8,000 sq. feet Sprinklers apply to circular areas so you then have to calculate the "circles" needed and then find room for the circles on the property. The application area must have grass or other similar vegetation. Tall bushes, shrubs or trees should not be in the area. Acceptable sprinklers typically use no more than a 35 foot radius circle so if you use a 29 ft radius and the calculation for area of a circle {pi x r(squared)} 3.142x29x29 = 2642 square feet. Four such sprinklers would me more than enough for 450 gallons per day. You would adjust accordingly and plan with the setbacks shown on the attached page. As I stated on the telephone, this will allow you to plan your land use, but no construction may begin on the system until we have approved an application for this site. If you have any further questions, please contact this office. Thank you. Sincerely, David Je' erson, RS Environmental Health Manager I ] ' a ,- N • • p r in .- O O � O O i O 2 L O O H A m m m m T . C C L L m W 3 3 E c c 8 sL 3 3 in Lo j F O n) O O of O of - IN r-- F ZOC. N C M�1 C U H CD ) O U w c N m CO ` H , . W > r eel c 1� Q' : o 0 p 0 0 o t0 0 `/ �.. O d d N m C t as O C O m L r� rn CD 7. a t E T o m S C W m a E m o x o m Z wa t ` n ea 1-4 E o 0 ~ X' 5 cm m C/) 3;p,;,; Z Z m N LL 0 Va C O N ON N a '.' O o �� 0 �3 a m 0 O C w o N� O U • W c o z =E °°' o a a > COLL Ci) w' . CC LL E-1 F� at A ,t, 0 >, 0 N z Q s O O Q V q: V m 7 LL • 4 NZ C� L°�FC O In O N .- m .L,. Q ti H = ' U _ 0 a04 O m v pr , aEw 0o CI) vi l0 C N Y d _ N co 0.1 N H O m C L . W _ m U A .L-. O C./) ca O C 0 E v ^ a c E `m c a C) . j O N m y 7 � " � w y a t.,- N . H p O O 10 l0 LL) 10 O 7 m C m L .. HN » ' - .., co O in . 1.0 C l0 . N c !O m W c _/ > m a w m N m a: m O .a • • N . d:•.. ... O U O C C C O H N m . m ( 7 v o _ T Ca @ � J m . 5 . c 7 J .. N ii„ [7 -0 c m CO m ,- wp t a m p N > om ny ma •i m y E c .`? 173133 m . m m . o a - m Wu m L = E c •.5 0 ' � z t 00 4-,,. 'O Q E 0 m c c3 O N /0 /0 O a ?, o 76 L. m m il!i hH ' a c...:2; O .- a '9 0 1.1'. -0 t ' , v ` , 0 0 - E -- O .b .0 W - • � � 0 . Q . m - 0' » = m O a L Q 0 . 3 a 3 21 m _ ° :`w `O o m N �.` Q .0 S > > 0 m > o u° 2H 4 . a c m O > U) w- w --- W yL 147 . c7 a tall SOUTH OF S.H. 114 PROJECTS Project Description Cost 20" Waterline along FM 1709 $638,408.00 Brumlow $111,000.00 Byron Nelson Striping $74,163.00 Byron Nelson Traffic Light $65,000.00 Cimaron Acres, Vista Trails $681,786.37 Continental Blvd. $115,800.00 Continental Park Estates Sewer $145,000.00 Diamond Sewer / Streets $990,161.00 Jellico Circle Street & Drainage $168,950.58 Kimball Ave. Construction $359,923.80 Kimball ROW $61,257.40 Kimball, South Reconstruction $180,246.30 Mission Sewer $489,099.00 Peytonville North Reconstruction $52,440.00 Peytonville North ROW $11,698.00 Peytonville South Reconstruction $168,730.00 Peytonville South ROW $74,852.12 Post Oak Trail Paving $151,723.14 RR Crossing @ Brumlow $33,807.00 S -2 Sewer $116,778.90 S -2 Sewer Construction Aledo $446,860.00 S -2 Sewer Easement $84,707.50 Shady Oaks Dr. Water Line $187,845.00 Shady Oaks Paving $84,800.00 Summer Place Drainage $102,697.00 Summer Place Paving $54,262.00 Tarrant Co. Road Construction $88,800.00 Timarron Rehab - Phase I $141,560.00 W. Dove Reconstruction $298,397.00 Water Line Improvements -FM 1709 $132,180.80 Water & Sewer to Miron Addition $262,535.00 White Chapel Reconstruction Ph I $201,567.60 White Chapel Reconstruction Ph II $94,886.20 Total $6,871,922.71 3/1/99 NORTH OF S.H. 114 PROJECTS Project Description Cost 24" Water Line along N. White Chapel $826,455 Burney Cul -de -sac $64,523 Carroll Sewer $77,294 Carroll Water Line $325,848 Carroll, Dove to Bumey Lane $200,914 Carroll, Dove to Dove Creek $180,246 Carroll, SH 114 to Dove $202,910 Dalden Water Line $11,645 E. Dove Street Reconstruction $634,858 Hilltop Acres Water & Paving $233,180 Huntwick Sewer $276,123 Kirkwood Water Line $266,159 N. Kimball Paving $39,200 N. Kimball Water Line $142,570 N. White Chapel Reconstruction $177,010 N -1 Sewer $146,345 N -3 Sewer (Emerald Estates Whispering Dell) $581,890 N -4 Sewer $497,892 Raintree / Shady Lane Water, Sewer, Street $1,615,029 Ridgecrest Drainage $1,150 Sabre Sewer Connection c Solana $21,700 Shady Lane Water $146,590 Tarrant County Roads $64,800 White Chapel Water Line $217,001 Total $6,951,332 3/1/99 City of Southlake, Texas MEMORANDUM February 2 �6, 1999 TO: Curtis E. Hawk, City Manager FROM: Bob Whitehead, Director of Public Works SUBJECT: Award of bid to Saber Development for water, sanitary sewer, and road improvements on Lake Drive in the Dove Estates Addition Action Requested: Staff requests that the City Council award the bid to Saber Development for water, sanitary sewer, and road improvements on Lake Drive in the Dove Estates Addition. Background Information: Proposed improvements to Lake Drive include a new water line, a new sanitary sewer line, and rehabilitation of the pavement. The current water line is undersized and the sewer line will serve residents located on the east side of the street. On September 9, 1998, staff met with SPIN #3 Representative Milan Georgia and residents of Lake Drive. The main outcome of that meeting was that the residents requested that the reconstruction of their street be completed with a pavement width of 18 feet rather than the standard 22 feet cross - section as they believe the narrower roadway will discourage traffic from speeding. This requested change was approved by City Council on October 20, 1998 in the authorization to advertise. Additionally, the speed limit on Lake Drive was reduced to 25 mph at the October 6, 1998 City Council meeting since the narrower roadway may cause safety hazards at faster speeds of travel. During the reconstruction of the roadway surface, some or all of the mailboxes may have to be relocated to accommodate the roadway transition. This is included in Alternate Bid 41. (see attached bid tabulation) Residents on Lake Drive have also petitioned for streetlights along the east side of the road. A survey was conducted of the residents (see attached letter and petition) as to the need and acceptance of streetlights in the neighborhood. Staff has ordered two standard "cobra head" lights to be placed on existing, Tri- County Electric poles. 5C - 1 Representatives of the neighborhood would like the City Council to consider having an additional three lights to be installed on the east side of Lake Drive. The light standard requested is Tri- County's "antique' streetlight. The residents also request that Tri- County bury the power lines for these three lights. Tri- County has given staff a cost of $1,250 for each light and to busy the power lines. Therefore, the request is to fund an additional $3,750 for the three "antique" street lights Financial Considerations: The CIP budget provides $364,500 for this project. Out of a total of six bids received, the low bidder is Saber Development with a base bid of $304,155.95, plus two alternate bids totaling $17,094.75 for a total bid of $321,250.70. (see attached bid tabulation) The original engineering and design costs were $49,750. However, the constriction plans were changed to alter the width of the street from 22 feet down to 18 feet. This brought the total engineering and design costs to $55,740. Alternate Bid #1 includes relocating mailboxes for uniformity and safety purposes. Alternate Bid #2 includes the use of petromat in the road resurfacing process, which will minimize the reflective cracking in the surface and potentially save maintenance funds. The total base cost of the project, including engineering and design, is $359,895.95, which is $4605 under the budget estimate. The addition of Alternate #2 would bring the total project cost to $306,490.70 or $1,990.70 over the budget estimate. The addition of Alternate #1 (the mailbox relocations) at $10,500 would bring the total contract cost to $12,490.70 over the budget estimate. The additional funding can be budgeted from the "closed loop" project, which was $95,750 under the engineered estimate. Citizen Input/ Board Review: SPIN #3 /Lake Drive meeting, September 1998 Legal Review: Not applicable Alternatives: Alternate Bid #1: $10,500 (relocating mailboxes) Alternate Bid #2: $6,594.75 (petromat) 5C -2 City Council may choose to not award either alternate bid. However, the residents of Lake Drive have expressed the desire to have the mailboxes adjusted for uniformity and safety. Supporting Documents: Bid tabulation Letter from Mike McKean Petition Map exhibit Staff Recommendation: Staff recommends that the City Council award the base bid plus the two alternate bids, totaling $321,250.70, to Saber Development for the installation of water, sanitary sewer, and road improvements on Lake Drive in the Dove Estates Addition. 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FEB February 11, 1999 OFFICE OF CITY CR Mr. Bob Whitehead City of Southlake, TX Director of Public Works 1725 East Southlake Boulevard Southlake, TX 76092 Dear Bob: Enclosed is the feedback from the Residents of Lake Drive reference your letters of January 20, (combining mailboxes) and January 27, (proposed street lighting). Reference the proposed mailbox suggestion: all residents have reviewed the proposal and concur with the following exceptions. • Larry Wells, 2992 Lake Drive, agrees with the proposed relocation, he prefers to retain his ornamental metal post. • Phil Mullins, 2996 Lake Drive, prefers that he retain the same location at the end of the walk for convenience. • Art Clayton, 3129 Lake Drive, was not part of the proposal and is not affected. Reference the proposed street lighting: all residents have reviewed the proposal and concur with the following exceptions. • Anita Rheaume, 3003 Lake Drive, had a bad experience (no explanation) in California. • Art Clayton, 3129 Lake Drive, preferred not to have the light erected on he post located on his lot. The neigborhood concurs with Mr. Clayton's concerns due to the reduced size of his lot and close proxity of his home. Currently there is a street light located one street further north of this location at the location where Lake Drive bends to the west and intersects with the private lane to the east. It is noted that this light is not working and should be changed to the Sodium bulb (orange glow) instead of the White Mercury Light, this would allow conformity with the remaining requested street lighting. It is the desire of the residents of this neighborhood to recommend funding for both of the above proposals with the cost savings from the reduced pavement width (22' to 13') and from the non — purchase of the Dorsett right —of —way which resulted from the width reduction. By addressing this entire project of upgraded water service, sanitary sewer service, road surface with stabilized base, reduction by 50% of the mailbox standards, and street lighting in a positive manner, this has become a success for the city, neighborhood, and each resident for all of the right reasons. 5C-10 1 am looking forward to working you over the course of the proposed reconstruction of Lake Drive. S incer�ely, T S. Michael McKean 817 - 481 -6777 City Council Curtis Hawk Shawn Poe Milan Georgia Bill Sheffield 5C -11 1 / f I LAKESIDE 2 1 r 3160 3119 tri},QeELL 3009 3010 Yog4- i- ----- r'- NNISUL . cR�Tr Ce CT, a w Y 3007 i tiK 1M/ . i • i 300: i Air z r Z - (e.41.ime 6/4e,IA/r) 3000- 2998 I 3003 • AslEi9hlkie_ .. • _ - .. _ 2996 • ,u```N 3001 ,✓ Nv CT, 2994 oc-So./ 2992 -- 2999 N/ l� 2990 . y $ \ l V - Gfl \ \v �SI TEAL CT. 1 . 2980N C MKS Go Ka Y 6L ) 2970 Sei r- -Prerg 2960- BURNEY LN t t i I I 1 / i / 5C -12 January 24, 1999 Neighbors on Lake Drive: Hopefully by now we have all received a letter from the Southlake Public Works Director Bob Whitehead outlining the proposed reconstruction of our street. This issue has brought our neighborhood to unity by bringing resolution to a number of issues. The perception is that this is a success for all of us and the city. The residents have maintained the priorities of safety and aesthetics. The city council has visited our neighborhood to review the existing conditions. At issue (which has been agreed to) • upgrade the water system to enhance adequate fire protection and to boost household water pressure. • provide sanitary sewer to the residents not attached to the Dove Estates System (the line will be installed now but will be placed in service at a later date as the city's drainage plan is complete/I. (which should be about early 2000). • new road surface, which has been approved for 18' instead of the proposed 22' in order to keep the street in its present location. 2' stabilized base along both sides of the asphalt surface. This avoided the right -of -way issue on the west side of the street. Your support and concurrence are needed in the following concerns: . • The city has proposed a plan to relocate the mailboxes. 1) this would increase safety by reducing the number of standards; obstacles along the east side. Each standard would be setback to ease vehicle passage while confronting opposing traffic. 2) each resident would maintain a personal box by grouping the boxes per Location. Residents are encouraged to provide the largest available mailbox (S25- includes new box and house numbers from Home Depot -to be collected at a later date.) Each mailbox location would be provided with a paved approach apron for mail delivery. The postmaster is in agreement with this proposal. • Tri -County Electric has issued a proposal for street lighting to be placed on the EAST side of the street. This proposal includes attaching fixtures to 3 existing wood poles and 3 "old town" lights simlar to those used in Lonesome Dove subdivision. Underground wiring will be installed at the same time that the road way is being recontructed. As previously stated both of these last two items will increase the personal safety and enhance the aesthetics of the neighborhood. Please indicate your support by signing the petition. 5C -13 • Mailbox Relocation Name Yes/No Address Phone /A ' J i �" v 3/ f ` ; %; ��� �I/�L�� ,� 2960 Lake Drive �.� 7 '.-- • �U • . _ LS �---- 29 Lake Drive 3 a 2 - 7� l '5 1 / q v • ‘ 1.111■ 11111' C c L- _ _ , ‘ l 2980 Lake Drive ∎ C 0 9 2990 Lake Drive p M 4 - 1 -C,16- 4 - 1 -C V/3 ,6 G j_ 2992 Lake Drive 7- 546 y 0 / � o � �.J� S 2994 Lake Drive . �i 7 VS d 74" ( , ) ii /� e!/� ('/�?r'd !� 2996 Lake Drive f 1 A ' M7 2998 Lake Drive 3 / if yy 2999 Lake Drive ; x J Z . - . 2 3000 Lake Drive ,c- c-c-- � :I , - ? l / /Pi �J / L 3001 Lake Drive /% G /7.- j / 3003 Lake Drive a 3/ ` 0 c I � 3005 Lake Drive 0.__S f —7-- 0 `-) -f, > 4 4 di ea,/ >14 k --- �C� 3007 Lake Drive Sr? 7 &f — 6777 1 4L2'7L - SS -S _ 6-td y • .s/ eS 3009 Lake Drive / 1p - ig0 ( . /��o -` ' 0 / 7 .-- 3010 Lake Dri ve e /f�� !' j�- �/,f,1_1 c 3119 Lake Drive 32-9 --�c(5 - 1 \C._, ..:.. J'' tJ=.-- 9 _.)`- 3160 Lake Drive `f i " Y j ) 0 4 \ -- ik-- -- & 110 312.�L 61; 1'" 32 . /052i J 5C -14 Proposed Street Lighting Name Yes/No Address Phone 7Q, /I ;'\-- r ,; 1 ‘.1,-.-7..,„ (: ).7-6 , - 2900 Lake Drive ?.� 7 J 2.. , — > 2 � 2970 Lake Drive )-/k „ _A_ , i t._ Q5 2980 Lake Drive 3.1,.. - • ' / Qy� o �' /�'`�'' � �`� 2990 Lake D ave 7 / e =� -- fl/-e--7 2992 Lake Drive y -.? ��� Lie S- 2994 Lake Drive 1/43/ - ri - ((3 .. /'� � �, -� ) 2996 Lake Drive �Y T ?J/ do-a, oti'l i P ----4 2998 Lake Drive 3,2 -, -- 8- -) C\ ,J \\ -\ \�.�, - _� :,-, , 2999 Lake Drive --- \,O \- __ 5 J \ ' ' �'' _* (• ' - . v _ - -- l 3000 Lake Drive — y , S I . 7/. , / A 1 /�/ ` J 3001 Lake Drive 6 - 2 3 / - _ / /�. � /v O 3003 Lake Drive •,-..,,,,S / ---1 0 . 7 O (-/ _ Z_ w v 3005 Lake Drive :1 s / t d y 7 .,14-cl 4o_ i i 1, `'��'S 3007 Lake Drive gl7 - `igj - 60777 , /. -' �✓ • • 70 3009 Lake Drive 811- 2 - SSo /6 /�� 3010 Lake Drive T ) -0 0 0 ,s /'2 � `l "�-• /h/ ;, � 3119 Lake Drive 7/ 7 32 y �,k71 G � , G; L ..,/ • w.. �rai•resiiiez4 %; ,-: 3160 Lake Drive , i }'- ,' 0 1 1 , 1 A I W A * / r % . ....ts. 4 3 t2 t L ia arivg 3 i --� cY� z-- 5C-15 JIIIIIM ' 4 i ' I 4 I . City of Southlake , . 4 i Lake Drive Street / SewerProject 4 1 •1 4 1 ■ -------' p, • ri livrai l ips ■ r A IN 1 il 4 p. • .iti, Hu .....m\ 4 1 1 0 . ..... IR pP. I 1 Iii■■:=Na 70111114•404 i -4 1/4 di L\ LI 11" 4141, SIROPILIp i zu t l - IrAl■ .....fi d 111 PritiMie 1 1 • w ununi m pulvar 1 i 1 millat. imm avarartnttiOin.' 4 II 11 0 W. MM.' I FF A U r RIIII i lir' I se k" * ORM n 11 4144, •H" - IN im: flo -40,01. . 1 **a law_ 4.. IMIC Ilita 6 li \ vammix Mika mom . . L . aws , \ el imw Agora ski r I I N4', ■ IMPAINI111 sounwp I am 1 .. irks. rik I mm......••• 1•••••=e-,..-• .1" • i . \ . MillIM1111. imit i . i ADM \\ Emu§ il IE.' L _ HEIM -.741.... 1 1 u w , .fi.si.,,, Legend N id ni • N earemmarimen Phase 1, Dove Road Pressure System 7 th 7)k w ...... , ....4 Imormse Phase 2, Force Main allownwel• Phase 3, Street Paving No Scale Public Works - GIS • • • • • • Existing Sanitary Sewer Line ! 5C-16 1 1 City of Southlake, Texas MEMORANDUM February 26, 1999 TO: Curtis E. Hawk, City Manager FROM: Kevin Hugman, Director of Community Services SUBJECT: Ordinance No. 737, l' Reading, Consent to transfer of control of cable television system and franchise from Marcus Cable to Paul G. Allen; and approving related agreements. Action Requested: City Council consideration of Ordinance No. 737, consenting to the transfer of control of cable television system and franchise from Marcus Cable to Paul Allen (acting through the management of Charter Communications, Inc.) Background Information: In early 1998, Paul G. Allen, a co- founder of Microsoft Corporation and owner of Vulcan Cable, Inc., made a substantial investment in Marcus Cable Company. At the time, it was reported that the local management retained control of Marcus Cable, including Jeffrey Marcus remaining as CEO. On August 28, 1998, we received letters from Vulcan Cable and Marcus Cable stating that Mr. Allen was assuming control of Marcus Cable. At the same time, he had apparently also purchased Charter Communications, the 1 1th largest cable company in the United States, based in St. Louis, Missouri. In October 1998, Charter was contracted by Paul Allen to manage Marcus Cable and effect the transfer of the franchise agreement. As required by FCC regulations, we received an FCC 394 "Application for Franchise Authority Consent to Assignment or Transfer of Control of Cable Television Franchise." In considering the consent to transfer, Fort Worth again took the lead in this issue, as they did in 1995 when Marcus Cable purchased Sammons Cable. At that time, area cities that were affected formed a consortium with Fort Worth to negotiate with Marcus the details of the new franchise agreements. (We did not participate since Harron Cable was the primary cable provider in Southlake and Sammons only served approximately 30 households.) With the transfer currently under consideration, the consortium hired attorneys Mr. John Pestle and Mr. Peter Armstrong of Varnum, Riddering, Schmidt & Howlett to guide the cities through the process. They are recognized national experts in the area of telecommunications law. M: \ W P -FILE S\ELEC TRNC \CA B LE \ord -73 7 me m. doc $10 -1 artis E. Hawk,,City Manager February '25, 1999 Page 2 The consortium began meeting with Charter representatives in October 1998 to work out the details of the transfer. It became apparent early on that customer service issues were at the forefront of the consortium cities' concerns. The major provisions of the transfer agreement, and how it differs from the current franchise agreement, are included with this packet. Many of the issues and concerns to be worked out were applicable to all of the cities, but there are also those issues that were of specific concern to a particular city. Southlake's major issue is the requirement for a converter box to receive unscrambled signals on the extended basic service tier of programming (Marcus' "Showcase" level). Under the Harron system, converter boxes were not necessary. This change in technology resulted in higher costs (due to converter box rental rates) and inconvenience on the part of our customers. Section 21, "Special Provisions" of the Acceptance of Terms and Conditions, addresses this concern. The City had 120 days from date of receipt of the FCC 394 to act on this application or it would be automatically transferred. Technically, this "due date" was December 26, 1998, but this deadline was extended voluntarily on December 11, 1998, by Charter to April 1, 1999. On February 22, however, the consortium attorneys and Charter agreed to advance the deadline to midnight, March 15, 1999 due to major financial debt refinancing by Charter. If final action has not been taken by this date, the transfer will be automatically approved. Charter has agreed to make the provisions of the transfer agreement available to each community that takes final action to approve the agreement on the terms and conditions set forth in the Acceptance Agreement attached, if done on or before July 15, 1999. According to the attorneys, "this will still be true even if the community denies approval in the interim, so long as final action is taken by July, 15, 1999 to approve the transfer on the terms and conditions of the Acceptance Agreement." What this means is that if Council is inclined to deny the transfer, they must do so when they consider it at first reading on March 2. Financial Considerations: There are no financial commitments on the part of the City in affecting this transfer if approved. The transfer agreement provides for substantial fines to Marcus in the event of failure to meet specified customer service standards. These are summarized in the attached matrix. M: \WP- FILES\ELECTRNC \CABLE \ord -73 7mem. doc ED-ca cis E. Hawk,.City Manager rebruary 25, 1999 Page 3 Franchise fees will remain the same as in the current agreement. This transfer agreement if approved, will remain in effect until the expiration of the current agreement in June, 2008. Citizen Input/ Board Review: The Acceptance of Terms and Conditions, including Exhibit B to the Acceptance Agreement, "Customer Service and Consumer Protection," have been agreed upon by Charter management through the negotiation process with the consortium and its attorneys. Legal Review: Mr. John Pestle and Mr. Peter Armstrong of Varnum, Riddering, Schmidt & Howlett, represented the consortium throughout the process and have drafted the attached Acceptance Agreement. In addition, Ms. Analeslie Muncy of the City Attorney's office, also represented their client cities, including Southlake, in the process. She prepared the attached ordinance. Alternatives: Denial of the Consent to Transfer, which could result in termination of cable service by Marcus or a legal challenge. Supporting Documents: Attached documents include: • Summary of Points - Marcus Cable Transfer Agreement • Ordinance No. 737, including Acceptance of Terms and Conditions to Transfer of Control, and Southlake Agreement with Paul G. Allen Staff Recommendation: Place Ordinance No. 737, Granting Consent to transfer franchise from Marcus Cable to Paul Allen, on March 2, 1999 agenda for City Council consideration on first reading. I KH Approved for Submittal to City Council: City Manager's Office M: \WP FILES\ELECTRNC \CABLE \ord- 737mem.doc 7 2Yc OA F. 0 a g 0 cd 4::„ a.. 0 co CI O 0 G) b sz cu 4. Fes• b E w `n 2 Q-''''' y, in cO v0 ti.• M w cu V r., ct .. to o) 3 a 'b a' o v c., v — . 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