1999-04-06REGULAR CITY COUNCIL MEETING
667 NORTH CARROLL AVENUE
SOUTHLAKE, TEXAS
APRIL 6, 1999
MINUTES
COUNCILMEMBERS PRESENT: Mayor Rick Stacy; Mayor Pro Tem W. Ralph
Evans; Deputy Mayor Pro Tern Scott Martin. Members: Debra Edmondson, Gary
Fawks, Ronnie Kendall, and Wayne Moffat.
CITY STAFF PRESENT: City Manager Curtis Hawk; Assistant City Manager Shana
Yelverton; Assistant to the City Manager Shelli Siemer; Director of Community
Services Kevin Hugman; Zoning Administrator Karen Gandy; Director of Engineering
Run Harper; Deputy Director of Public Works Charlie Thomas; Director of Public
Works Bob Whitehead; Capital Projects Coordinator Shawn Poe; Chief Accountant
Lynn Martinson; City Attorney Wayne K. Olson; and, City Secretary Sandra L.
LcGrand.
WORK SESSION: The work session was called to order by Mayor Rick Stacy at 6:20
p.m. In addition to the agenda items, the following items were discussed with staff. The
work session was video taped and a tape recording was made of the work session for
ftu'~er reference.
Agenda Item #5E, Ordinance No. 738, Ist reading. Approving Rate Schedules for
Lone Star Gas Company. Assistant City Manager Shana Yelverton discussed this
item with the City Council, presenting the ordinance for first reading. Sonny Rhodes,
Manager for Lone Star Gas Company was present and answered questions for
Council.
Agenda Item #10-A, Policy on Neighborhood Traffic Calming. Deputy Director of
Public Works Charlie Thomas was present to discuss this item with Council.
The work session ended at 7:00 p.m.
REGULAR SESSION:
Agenda Item #1, Call to Order (7:15 p.m.)
Mayor Rick Stacy called the Regular City Council meeting to order at 7:15 p.m.
Agenda Item #3, Invocation, David Whitington Pastor, Christ Our King Church
(7:17 p.m.)
The invocation was given by David Whitington, pastor of Christ Our King Church.
Reverend Whitington stated he has pastured in the Southlake area for more than twenty-
Regular City Council Meeting Minutes of the April 6, 1999 Meeting Page 1 of 20
seven years and he has seen the level of cooperation that is beginning to occur between
several church leaders. Whitington stated, "We began a little over two years ago, two of
us meeting on a weekly basis for prayer. That number has grown to nine or ten and out of
the basic prayer meeting, several good things have already come out of it. One is
working with the Southlake Department of Public Safety in the City. We discovered that
the fire and emergency medical people have discovered that people in our own city have
needs, financial needs. We have been able to establish a fund, not a large fund, but we
have been able to purchase air conditioners and other things. In meeting with the Mayor,
we have organized the monthly chaplain program."
Agenda Item #4-A, Mayor's Report (7:20 p.m.)
During the Mayor's Report, Mayor Pro Tem Ralph Evans reported on his recent trip to
Toyoma, Japan, where he and his wife, Dee Ekstrom and his wife, attended the grand
open'mg for the new City Hall in Toyoma. Mr. Evans proceeded to describe for the
audience the ceremony that was held and how wonderfully they were treated by the Sister
City folks in Toyoma.
Mayor Stacy announced the following:
April 8, 1999, at 7:00 p.m., in the Senior Activity Center, SPIN #11 will meet to
discuss the following topics including: Preliminary Drainage Plan for South
Fork/Kirkland Branch; Shady Oaks Realignment; SH 114 Update; Storm Drainage
Utility System; and Traffic Management Bond Election.
April 13, 1999, at 7:00 p.m., in the Senior Activity Center, a SPIN Town Hall
Meeting will be held to discuss the three (3) propositions for the Traffic Management
Bond Election.
April 14, 1999, Early Voting starts for the May 1, 1999 General and Special
Elections.
May 6, 1999, National Day of Prayer. Look for more information.
"Hot Dogs with the Top Dogs" following the National Day of Prayer Ceremony.
Seniors are invited to come to the Senior Activity Center to meet and mingle with the
Mayor and City Councilmembers; stay for Dominoes, play in the first Horseshoe
Tournament or t~yout the croquet field. Old and new Councilmembers are invited to
attend.
"Big Milt is coming" and the program is open to the public at Carroll High School
Auditorium on April 16, 1999, at 7:00 p.m. Learn parenting skills to keep your kids
from using drugs and alcohol.
Mayor Stacy presented a proclamation to the Department of Public Safety, noting
April 14-19 is "Telecommunication Specialists Week."
Regular City Council Meeting Minutes of the April 6, 1999 Meeting Page 2 of 20
Agenda Item #4-B, City Manager's Report (7:30 p.m.)
City Manager Curtis Hawk stated, between now and when he put the Council packet
together, he received notification fi.om TxDot that the letting schedule for the Kirkwood
to Dove and Kimball to F.M. 1709 overpasses have been scheduled for August, 1999.
Agenda Item O4-C~ SPIN Report (7:31 p.m.)
The SPIN report was given by Pattie Minder, representative from SPIN #8, who
congratulated Cooper & Stebbins for the great job they have done on Town Center. She
stated seven thousand people were reported to have attended the grand opening and that
six of the stores broke their all time records for open'rog day. She stated Phase II of Town
Square is scheduled to start after July, 1999. Ms. Minder also commented on a SPIN
meeting which was held to discuss the "Shops of Southlake," noting sixty people came to
the meeting. She stated the developers have taken the citizens suggestions on the new
shopping center. She announced that on April 20, 1999 a city-wide meeting on this issue
will be held. SPIN is scheduling a Candidate's Forum on April 14, 1999, beginn'mg at
7:00 p.m. to be held at Johnson Elementary School.
Agenda Item #5, Consent Agenda (7:35 p.m.)
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:
Approval of the Minutes of the Regular City Council meeting held on March 23,
1999, and the Joint Meeting of City Council and the Planning and Zoning
Commission held on March 23, 1999.
Award of bid to Gra-Tex Utilities for the installation of sanitary sewer and the
abandonment of a lift station along F.M. 1709, between Crossroads Square and
Bicentennial Park.
5-C. Resolution No. 99-13, Vacating and abandoning a 100-foot public utility
easement east of Carroll Avenue on the Rockenbaugh property.
5-D. Authorize the Mayor to enter into a professional service contract with Kimley-
Horn and Associates to perform roadway impact fees update.
5-E. Ordinance No. 738, 1st Reading, Approving Rate Schedules for Lone Star Gas
Company.
Regular City Council Meeting Minutes of the April 6, 1999 Meeting Page 3 of 20
Award of bid to Cajun Contractors, Inc., for the construction of a sanitary sewer
lift station at Lonesome Dove and a lift station to serve the Raintree/Shady Lane
area.
Authorize the Mayor to enter into a professional service agreement with
Cheatham and Associates for the design of sanitary sewers for the Neighborhood
Sewer Program for Shadow Creek and Trail Creek Additions.
Ordinance No. 741, 1st Reading, Amending Chapter 2, Administration of the
Southlake City Code, as amended, establishing a Department of Engineering
Services.
Approving the appointment of Deputy Director of Public Works Ron Harper as
Engineering Services Director.
Ordinance No. 717-A, 1st Reading, Amending Ordinance 717 and Chapter 18,
Article II, Section 18-79 of the Southlake City Code, designating the speed limit
as 25 miles per hour in the Country Walk subdivision.
Ordinance No. 740, 2na Reading, Authorizing the issuance of "City of Southlake,
Texas, Tax and Tax Increment Surplus Revenue Certificates of Obligation, Series
1999." Table to April 20, 1999 City Council meeting.
Ordinance No. 480-308, 1st Reading (ZA 98-162), Rezoning of property described
as a portion of Tract 6F situated in the J.G. Allen Survey, Abstract No. 18.
Owner and Applicant: Ronnie M. Woods.
8-D. Ordinance No. 709-A, 1st Reading, Amending Ordinance No. 709, amending FY
98-99 Annual Budget.
10-A. Policy on Neighborhood Traffic Calming.
Motion was made to approve the consent agenda including: Items #5-A through #5-J;
Item #7-G, tabling to April 20, 1999; Item #8-B, and Item #10-A.
Motion: Martin
Second: Evans
Ayes: Mart'm, Edmondson, Evans, Fawks, Kendall, Moffat, Stacy
Nays: Councilmember Edmondson opposed to Item #5-E only
Approved: 7-0 vote on all but Agenda Item #5-E, which is 6-1 vote
ADDITIONAL INFORMATION REGARDING CONSENT AGENDA ITEMS
Approval of the Minutes of the March 23, 1999 Regular City Council meeting and
the Joint City Council and Planning and Zoning Commission meeting of March
23, 1999. The Minutes were approved as presented.
Regular City Council Meeting Minutes of the April 6, 1999 Meeting Page 4 of 20
5-8.
Award of bid to Gra-Tex Utilities for the installation of sanitary sewer and the
abandonment of a lift station along F.M. 1709 between Crossroads Square and
Bicentennial Park. The CIP budget provides $225,000 for the construction of a
sanitary sewer line from the existing sewer line at Crossroads Square to the
existing sewer line at the end of Caddo Lake Drive in the Lake Crest Addition. A
portion of this line has been constructed at a cost to the City of $77,875 with the
participation of the Shady Oaks Retail Center developers. The existing portion
extends from the end of Caddo Lake Drive extending northward across F.M.
1709. Of the $225,000 budgeted, $147,125 remains for the completion of this
project. Out of four bids received, the low bid was $127,719, by Gra-Tex
Utilities. Engineering and design costs were $11,040. This brings the total
project cost to $138,759. This is under the estimated cost by $8,366,
Resolution No. 99-13, Vacating and abandoning a lO0-foot public utility
easement east of Carroll Avenue on the Rockenbaugh property. On March 15,
1971, Robert H. Rockenbaugh dedicated a portion of a 100-foot public utility
easement on his property along the east side of North Carroll Avenue. This
easement is not being used by, nor is it useful or convenient to the public in
general. This dedicated easement is clouding the title and preventing Ms.
Rockenbaugh from selling this property. The resolution and quit claim deed were
drafted by city attorneys.
Professional services contract with Kimley-Horn and Associates to perform
roadway impact fees update. Requests for proposals {RFP's) were sent to twelve
local consulting engineering firms for providing professional services for
updating the roadway impact fee in conjunction with the City staff, advisory
committee and other consultants. Kimley-Hom and Associates was interviewed
by City engineering staff and the chairman of the Capital Improvements Advisory
Committee and proved their experience, capabilities and enthusiasm for
performing in this role of updating the roadway impact fees. A fee of $29,950 has
been proposed by Kimley-Horn and Associates.
Ordinance No. 738, Ist Reading, Approving rates changes for Lone Star Gas
Company. On December 2, 1998, Lone Star Gas Company filed its Statement of
Intent to increase rate schedules within the City by 7.7% effective January 7,
1999. The City Council approved Resohition No. 98-79. suspending the proposed
rate schedules of Lone Star Gas Company for 90 days, until April 7, 1999. As
negotiations with the company have Lone Star Gas agreed to extend the effective
date 25 days, or until May 2, 1999. If no action is taken before the deadline, the
Lone Star Gas rate increase will automatically take effect.
Award of bid to Cajun Contractors, Inc., for the construction of a sanitary sewer
lift station at Lonesome Dove and a lift station to serve the Raintree/Shady Lane
area. The City Council authorized staff to advertise for bids on the lift station in
the Raintree/Shady Lane area on August 18, 1998. Only two bids were received.
The low bid was $626,800 from Earth Builders, Inc., of Decatm', Texas. Only
Regular City Council Meeting Minutes of the April 6, 1999 Meeting Page 5 of 20
5-0.
$467,500 was budgeted in the CIP plan to construct the lift station. In order to
enhance the economy of scale, the lift station in the Raintree/Shady Lane area and
the lift station on Lonesome Dove were bid together as one project. The low bid
was in the mount of $1,003,500 fi.om Cajun Contractors, Inc., of Lewisville. In
the CIP plan, a total of $1,000,000 has been budgeted to construct both lift
stations.
Authorize the Mayor to enter into a professional services agreement with
Cheatham and Associates for the design of sanitary sewers for the Neighborhood
Sewer Program for Shadow Creek and Trail Creek Addition. The 1998-99
Capital Improvement Projects Plan includes as the next set of Neighborhood
Sewer areas:
· Cedar Creek Plantation (under construction)
· Cedar Oaks Estates
· Shadow Creek Addition
· Trail Creek Addition, Phase I
Because of the relatively small length of these two neighborhood projects and the
relative closeness to each other, staff is suggesting they be designed under one
contract. The CIP budget has $200,100 budgeted for the design, survey, and
construction of the sewer lines in Trail Creek and Shadow Creek Additions.
Ordinance No. 741, ist Reading, Amending Chapter 2, Administration, Southlake
City Codes, as amended, establishing a Department of Engineering Services. In
the reconfigured department, the Public Works focus would be on operation and
maintenance of existing infrastructure, as well as managing necessary public
works programs. The organizational change would provide an opportunity to
address other issues not currently being addressed. It is anticipated that the split
of the Department of Public Works would endure throughout the City growth
period, i.e., during the next ten years. Once the City has completed the "building
phase" the two departments would most likely be consolidated again with a focus
on maintenance.
Approving the Appointment of Deputy Director of Public Works Ron Harper as
Director of Engineering Services. Chapter iV, Section 4.01, of the City Charter
provides for the appointment of departmental directors. It states, "The head of
each department shall be a chief, director, or superintendent who shall be
appointed by the City Manager subject to the approval of the Council and such
chief, director or superintendent shall have supervision and control over his
department. Two or more departments may be headed by the same individual and
the City Manager may head one or more departments." Ron Harper was approved
as Director of the Department of Engineering Services.
Ordinance No. 717-A, Designating the Speed Limit within Country Walk
subdivision as 25 mph. The City staff, Department of Public Safety, and Public
Regular City Council Meeting Minutes of the April 6, 1999 Meeting Page 6 of 20
Works Department have been working with the Homeowners Association to
investigate and reduce the speeding problem in the Country Walk Addition. DPS
has placed the "smart trailer" and conducted additional enforcement to attempt to
educate the offending drivers. As Country Walk is a subdivision with an
entry/exit, the speed limit is not related to cut-through traffic. The cost of the
needed signs will be in the range of $200 to $300, depending upon the number
needed. This amount of funds is available in the current budget. Ordinance No.
717-A, amends Ordinance No. 717, establishing the speed limit in Country Walk
Addition, including Amesbury Court, Village Green Drive, Cresson Drive, and
Newport Court to be 25 miles per hour.
7-0.
Ordinance No. 740, 2na Reading, Authorizing the Issuance of "City of Southlake,
Texas, Tax and Tax Increment surplus Revenue Certificates of Obligation, Series
1999. This item was tabled under the consent agenda, time certain April 20,
1999.
Ordinance No. 480-308, Ist Reading, Rezoning a portion of Tract 6F, J.G. Allen
Survey, Abstract No. 18. Zoning change on property legally described as a
portion of Tract 6F situated in the J.G. Allen Survey, Abstract No. 18, and being
approximately 1.6246 acres. Current zoning is "AG" Agricultural District with a
requested zoning of "SF-1A" Single Family Residential District.
Owner/Applicant: Ronnie M. Woods.
Ordinance No. 709-A, Ist Reading, Amending Ordinance No. 709, Amending FY
98-99 Annual Budget. Ordinance No. 709-A, reflects the proposed mid-year
changes to the Adopted FY 1998-99 Budget. These items have been discussed
with the Council at previous meetings, and most address personnel issues to meet
increasing service demands. A copy of the memorandum from the Finance
Director, dated April 1, 1999, is hereby attached to the minutes of the meeting.
10-A.
Policy for Neighborhood Traffic Calming. This item was originally discussed as
a policy for speed humps and other traffic calming devices with the City Council
at the October 13, 1998, Special City Council meeting. The City Council directed
staff to address the traffic concerns in the Coventry Manor Subdivision and the
Shady Oaks area by following the speed hump policy as test cases. A copy of the
memorandum from the Assistant City Manager, dated April 1, 1999, is hereby
attached to the minutes of the meeting.
Agenda Item #6, Public Forum (7:40 p.m.)
The presentation from the United Way regarding Northeast Senior Issues
Committee Report was not given tonight as the representative was ill and not able
to attend.
Mary Hoger, 702 Nelson Court, Southlake. Ms. Hoger spoke asking the City
Council to give support to the senior agenda. She noted transportation is a major
Regular City Council Meeting Minutes of the April 6, 1999 Meeting Page 7 of 20
problem for senior citizens and one that the City Council should recognize. She
thanked the Council for their support with the senior center and the programs that
mean so much to the senior citizens of Southlake.
Josh Wiser, senior citizen. Mr. Wiser stated he has been working on the
committee from the United Way for transportation in this area. For the last year
they have been looking into the issue of transportation for senior citizens. They
have done a survey in which a fourth of the people surveyed stated they either
need transportation now or will need transportation within the next two to five
years. The people surveyed were those who were active enough to get to the
senior center at some point to complete the survey. The survey did not include
those people who do not get to the senior center for need of transportation in
many cases. The largest group of people are currently those over 85 years of age,
according to Mr. Wiser. He stated, "People would say that it is not Southlake's
problem however, we have a lot of family-oriented people living in Southlake.
Those who would want to bring their elder parents to live near them, so the
problem is ours as well."
Councilmember Scott Martin questioned staff about the conversations concerning
transportation, noting the City of Southlake is a contributing member of NETS. Martin
asked, "Are the NETS transportation vehicles able to meet any of the needs of the senior
citizens in Southlake?" Kevin Hugman, Director of Community Services stated, "We
do have money in the budget for NETS and have pa~icipated with them. With all of our
community services groups we have Scope of Services Agreements, however, we do not
have the agreement signed with NETS at this time. We are waiting for them to provide
the City additional information. The Senior Advisory Commission has been looking at a
number of alternatives for transportation. It is on their agenda next week for a
recommendation, adding, they have looked at some different options." Curtis Hawk, City
Manager, stated, NETS was a federally funded program and have had some problems
with their funding.
· nd
Agenda Item #7-A, Ordinance No. 480-305, 2 Reading (ZA 98-118) (7:50 p.m.)
Ordinance No. 480-305, 2nd Reading, (ZA 98-118), Rezoning and Development Plan for
Chesapeake Place, on property legally described a Tracts 4A, 4A8, 4A9, 4B, and 4E2,
situated in the J.G. Allen Survey, Abstract No. 18, and being approximately 54.95 acres.
Current zoning is "AG" Agricultural District with a requested zoning of "R-P.U.D."
Residential Planned Unit Development District. Applicant: Four Peaks Development,
Inc. Owners: Ranchland Leasing Co., Inc., Seyed M. Mirtaheri, and Michael and Laura
Musgrove.
Zoning Administrator Karen Gandy stated there were two notifications for this zoning
request. On the first notification, seventeen (17) notices were sent to property owners
within the 200' notification area and six (6) responses were received. On the second
notification, nineteen (19) notices were sent to property owners with four (4) responses
were received.
Regular City Council Meeting Minutes of the April 6, 1999 Meeting Page 8 of 20
Tom Matthews, Four Peaks Development, 726 Commerce Street, Southlake. Mr.
Matthews stated he is asking for approval with the pond, with the provison that the pond
may not get built. It is really an engineering issue and will depend on how the
downstream drainage occurs. Matthews stated, "One of the things to keep in mind is that
the open area that remains is as large as the original open area on the original open
submission which was approved by the Parks Department. An additional change which is
a strong improvement that has been made to the plan which benefits the whole park area,
is a trickle flow pipe that will capture the water from irrigating water, and bring the water
into a pipe and carry it through the subdivision in a channel." Matthews stated, "Part of
our application last time and part of our application this time is: 1) that the City assumes
responsibility of constructing the off-site drainage and that it be done within the time
frame of this development; 2) the City accepts the park in its rough graded state with or
without the pond, in lieu of park fees. That was the recommendation from the Park
Board. We have reviewed this revised plan with the pond with the Park Board. Our
contension was it is the City's responsibility to construct the off-site drainage with this
subdivision and without this subdivision."
Counciimember Edmondson asked when did Matthews review the plan with the Park
Board? Matthews stated one month ago. Councilmember Martin asked if this was in a
public hearing?
Director of Community Services Kevin Hugman stated, "The developers reviewed the
plan with the pond with the Park Board Chairman Vickie Johnson, Park Planning
Engineer Ben Henry and the Public Works staff, about two weeks ago."
Councilmember Edmondson stated, "Just for the record, I don't mind. I appreciate the
fact that you were able to view this with Ms. Johnson, but I don't think we should say the
park board has signed off on this plan."
Mr. Matthews discussed the staff review comment regarding a walkway being put in the
area where the school is being proposed. If the school is not built they would like the
property reverted back.
Councilmember Scott Martin stated we need more commercial and less roof tops in the
area to the north.
Councilmember Ronnie Kendall asked if the plans for the sidewalk are in compliance
with the sidewalk ordinance.
Councilmember Debra Edmondson questioned the pond as being four acres plus or
minus, asking if Mr. Matthews sees that as the maximum size. John Levitt, Engineer,
stated, "If when the final engineering plans are completed it is decided that we have to do
the pond, based on the preliminary calculations, the pond will be four or four and one-
half acres would be required. It would be a retention pond, eight to ten feet deep in order
to reduce the amount of evaporation off the lake. There will be a soft side, twenty feet
Regular City Council Meeting Minutes of the April 6, 1999 Meeting Page 9 of 20
with a 4:1 slope and a drop of 2:1 slope. There would be a two foot raise during the 100
year storm. The pond would contain water all year around." He stated there is still some
chance the pond may not go in. Levitt stated, "They are working with the City of Keller
on the off-site drainage."
Councilmember Gary Fawks asked how will this look if the final engineering plans do
not require a pond. Matthews stated, "It will go back to how it was."
PUBLIC HEARING:
The following expressed they are in favor of the request but did not wish to speak:
Pat and Ed Nash, 134 dellico Circle, Southlake.
Andrea Greenwood, 210 South Peytonville Avenue, Southlake
Mike Musgrove, 2139 Union Church Road, Keller
Margaret Archibald, 2907 Scenic Drive, Southlake
Margaret Bartlett, 6872 Hickory Hollow Lane, North Richland Hills
Diane Jackson, 412 Starlight Drive, Keller
Darla Christiansen, 580 Trulove Trail, Southlake
David Christiansen, 580 Truelove Trail Southlake
Curt Greenwood, 210 South Peytonville Avenue, Southlake
Laura Musgrove, 2139 Union Church Road, Keller
Robert Garrity, 710 Aberdeen Way, Southlake
Mary Hoger, 702 Nelson Court, Southlake
Martha Horton, 320 Brock Drive, Southlake. Ms. Horton stated she thinks this is a good
addition and is concerned that commercial would mean more traffic. She has drainage
problems and is happy to see what the development would do for the area.
Wayne Haney, 400 Brock Drive, Southlake, Mr. Haney stated he is representative for
SPIN #15 and that he has had two meetings on this issue. The church stands to gain from
the proper drainage issues being addressed in that area. The Development would add
families to the church and with the drainage concerns going away it would be an asset to
the church. There are no property owners in that area that he is aware of that are opposed
to this development. He stated he is in favor of this request.
Darla Christianson, 580 Truelove Trail Southlake. Ms. Christianson stated she is a
member of St. Martin In-The-Field Church. She stated she wants residential next to the
church and not commercial.
Paul Shuffler, 2970 West Southlake Boulevard, Southlake. Mr Shuffler stated he is
opposed to having this development next to his seven acre property as it will give him six
new neighbors on the west property line. He would feel more comfortable to have larger
lots. Drainage on his property is not an issue as the water flows to the southeast.
Regular City Council Meeting Minutes of the April 6, 1999 Meeting Page 10 of 20
Mariam Moore, 6637 Ridgetop Drive, Watauga. Ms. Moore stated she is a member of St
Martin In-The-Field Church. She stated she admires the way the developer has addressed
the drainage issue. She feels the density is adequate.
Public hearing closed.
Councilmember Debra Edmondson stated, "Unfortunity, what I'm going to say is
extremely unpopular so I give my apologies ahead of time. I want you (church members)
to know that the first time I came aware of your drainage problems was when this plan
came forward. I to am very interested and concerned that you solve your drainage
problem and regardless of how the vote goes tonight, I want you to know that I will
support you in getting some immediate relief on your drainage problem. Having said
that, when I voted for this on first reading my support for it was extremely tentative as
the minutes will reflect. I had hoped tonight when the plan came forward that some of
the questions that I had would be answered. But unfortunately what has happened with
the drainage, I have more questions now than I did before with the drainage. I feel
uncomfortable with the four acre drainage pond and the drainage channel and pond.
There is just too many gray areas. There are two big reasons I supported this plan the
first time. The church drainage issues and the fact that we were going to pick up a twelve
acre park. Now I do understand that it has been reduced and that we would still have
some park land, however, I'm real unsure about when water would be in the pond and
when it would not be, so I have concerns there. My other issue is the size of the lots. Mr.
Haney said he hadn't received any opposition. I have had several phone calls from
people who were very upset that this passed on first reading. They don't know any
details about the church and the drainage problems and they were looking at this issue as
how it would affect Southlake as a whole. Having said that, I will not be able to support
this. I do want the church to know that I am very concerned about the drainage problems
and will fully support the City doing what it would need to do immediately to resolve the
issues satisfactory for the church."
Councilmember Scott Martin stated, "In a PUD, I was under the assumptions that the
down-stream drainage was a part of the PUD agreement. If I am wrong, please correct
me. How many subdivisions did the City pay for the down-stream drainage?
Director of Public Works Bob Whitehead responded, "Normally in the zoning
requirements the engineering is not done. At this point, in the normal sequence of events
drainage is not an issue. Normally, even the non-pud developments, it is the developers
responsibility to do the off-site drainage. This is not really the normal and it is unusual."
There will be an item on the next agenda for approval of the engineering design of Union
Church and Pearson Lane. If this item goes away, the City will still have to put in the
proper culverts and the off-site drainage through Keller. The potential is there that the
City will have to pay for these improvements one way or the other.
Councilmember Gary Fawks asked when the Developer Agreement comes forward that
there be some sort of reassurance that there be bonding in the agreement that takes care of
Regular City Council Meeting Minutes of the April 6, 1999 Meeting Page 11 of 20
damages if they occur when we are trying to sod and construct the park. He stated he
would like his comments to be included in the Developer Agreement.
Motion was made to approve Ordinance No. 480-305, 2n~l Reading for the rezoning from
"AG" to "RPUD" and the Development Plan for Chesapeake Place; subject to
Development Plan Review Summary No 4, dated April 1, 1999, granting relief to Item #1
(street stub-out to the east) to require a 10' pedestrian access easement on the east (near
Block 3, Lot 21) to the K.I.S.D. school site as well as requiring the addition of a sidewalk
along the south line of Block 3, Lot 1 along Union Church to the school- only if the
school develops; granting relief on Item #3 (radial lot lines on several lots) to allow the
lot lines as shown; on Item #4b, accepting the development regulations as proposed;
requiring that all sidewalks meet the sidewalk ordinance; and requiring the construction
of periodic inlets in the trickle flow pipe within the park.
Motion: Fawks
Second: Martin
Ayes: Fawks, Martin, Evans, Kendall, Moffat, Stacy
Nays: Edmondson
Approved: 6-1 vote
Agenda Item #7-B, ZA 98-119, Preliminary Plat for Chesapeake Place (9:20 p.m.)
ZA 98-119, Preliminary Plat for Chesapeake Place, on property legally described as
Tracts 4A, 4A8, 4A9, 4B, and 4E2, situated in the J.G. Allen Survey, Abstract No. 18,
and being approximately 54.95 acres. Current zoning is "AG" Agricultural District.
Applicant: Four Peaks Development, Inc., Owner: Ranchland Leasing Co., Inc., Seyed
M. Mirtaheri, and Michael and Laura Musgrove.
Zoning Administrator, Karen Gandy stated, seventeen (17) notices were sent to property
owners on the first notification and nineteen (19) notices were sent to property owners
within the 200' notification area on the second notification. Responses are included in
the zoning file. /
Tom Matthews, Four Peaks Development, Inc. Mr. Matthews reviewed the preliminary
plat review summary for Council. Matthews stated there is an issue he needs to address,
having to do with the down-stream drainage and costs associated with the issue.
Matthews stated, "I am not in the position with my sellers and subsequent purchasers to
carry on with not having that agreed to. This is a PUD and there are certain variances
that are being granted and this is not a strict zoning. Therefore, I would feel that you do
have the right to take on that obligation and accept that obligation if you so choose, and
as part of that request, I ask that you all assume that or agree to that stipulation as we
have put that to you. The two issues are the park being accepted in lieu of the park
dedication fees and that the city assume the responsibility for the off-site drainage."
Matthews stated he will be staying with this property through the platting and the
developer agreement stages.
Regular City Council Meeting Minutes of the April 6, 1999 Meeting Page 12 of 20
Mayor Stacy stated he understands where Mr. Matthews is headed with this but it is hard
for the Council to go forward with something like this until we understand what we are
dealing with. Until the engineering studies are completed Council cannot take action.
Council all has the spirit of cooperation but cannot go forward at this time.
We can put together a developer agreement and move forward with it at the next Council
meeting.
Motion was made to approve the Preliminary Plat for Chesapeake Place (ZA 98-119)
subject to the Plat Review Summary No. 4, dated April 1, 1999; on Item #1a,
acknowledging that the 25'X25' entry easements are not dedicated to the city, but that the
ownership and maintenance of same should be clarified; on Item//3 (street stub-out to
the east) waving the street connection, but requiring a 10' pedestrian access easement on
the east (near Block 3, Lot 21) to the K.I.S.D. school site and requiring a sidewalk
connection to the school site along the south line of Block 3, Lot 1, along Union Church-
only if the school develops; on Item #3b (waiving the 90' lot width on Block 3, Lot 8) to
allow as shown; and on Item #3c (radial lot lines on several lots) to allow the lot lines as
shown.
Motion: Moffat
Second: Edmondson
Ayes: Moffat, Edmondson, Evans, Fawks, Kendall, Martin, Stacy
Nays: None
Approved: 7-0 vote
Council adjourned into recess at 9:45 p.m.
Council returned to open session at 10:00 p.m.
Agenda Item #7-C, Ordinance No. 480-309, 2nd Reading, Southlake Town Square
10:02 p.m.)
Ordinance No. 480-309, 2nd Reading (ZA 99-05), Rezoning and Site Plan for Southlake
Town Square, Phase 2, Block 10, on property legally described as a portion of Tract 3
situated in the Richard Eads Survey, Abstract No 481, and being approximately 7.932
acres. Current zoning is "C-3" General Commercial District, with a requested zoning of
'S-P-I" Detailed Site Plan District with "C-3" General Commercial District uses
including a U.S. Post Office and associated outside storage. Applicant: Cooper &
Stebbins, L.P. Owners: The Fechtel Group with general partners: Alicia Marie Fechtel,
Charles Joseph Fechtel, Mary Louise Logan, John Randolph Fechtel, Marguerite
Elizabeth Fechtel, and James Milton Fechtel.
Zoning Administrator Karen Gandy stated, seven (7) notices were sent to property
owners within the 200' notification area and no written responses have been received.
Frank Bliss, applicant, 1362 Lakeview Drive, Southlake. Mr. Bliss discussed the items in
the Staff Review Summary No. 2 with Council. He stated they will build all the square at
the same time.
Regular City Council Meeting Minutes of the April 6, 1999 Meeting Page 13 of 20
PUBLIC HEARING: No comments were made during the public hearing.
Motion was made to approve Ordinance No. 480-309, 2nd Reading, for the zoning and
site plan for Southlake Town Square, Phase 2, Block 10, subject to the Site Plan Review
Summary No. 2, dated April 1, 1999; forgiving Items #1-9 per prior approval and per
discussions this evening.
Motion: Edmondson
Second: Evans
Ayes: Edmondson, Evans, Fawks, Kendall, Moffat, Martin, Stacy
Nays: None
Approved: 7-0 vote
Agenda Item #7-D, ZA 99-026, Revised Preliminary Plat for Blocks 10 & 11,
Southlake Town Square (10:35 p.m.)
ZA 99-026, Revised Preliminary Plat for Block 10 & 11, Southlake Town Square, on
property legally described as being a portion of Tract 3 situated in the Richard Earls
Survey, Abstract No. 481, and being approximately 11.8 acres. Current zoning is "C-3"
General Commercial District. Applicant: Cooper & Stebbins, L.P. Owners: The
Fechtel Group with general partners: Alicia Marie Fechtel, Charles Joseph Fechtel, Mary
Louise Logan, John Randolph Fetchtel, Marguerite Elizabeth Fechtel, and James Milton
Fechtel.
Zoning Administrator Karen Gandy stated eight (8) notices were sent to property owners
within the 200' notification area and no written responses were received.
Frank Bliss, Southlake Town Square, 1362 Lakeview Drive, Southlake. Mr. Bliss stated
he needs relief on Item #4. They need an agreemSnt from Council that they will revise
the plat to take the triangle inside Block 11 and put it into the right-of-way. They need an
agreement that they will continue to work with staff to lxy and figure out an area that is
right-of-way on the final plat that either gets abandoned or something else.
Motion was made to approve the Revised Preliminary Plat of Southlake Town Square,
Lots 1 & 2, Block 10, and Lots 1 & 2, Block 11, Southlake Town Square; subject to the
Plat Review Summary No. 2, dated April 1, 1999; granting relief to Item #1 (right-of-way
alignment/split zoning issues) to allow relocation of right-of-way to eliminate split lot
zoning and directing staff to work with the applicant to resolve other right-of-way
alignment issues prior to future phases.
Motion: Mo ffat
Second: Evans
Ayes: Moffat, Evans, Fawks, Kendall, Martin, Edmondson, Stacy
Nays: None
Approved: 7-0 vote
Regular City Council Meeting Minutes of the April 6, 1999 Meeting Page 14 of 20
Agenda Item #8-A, Ordinance No. 480-307, 1st Reading ZA 98-161 (10:42 p.m.)
Ordinance No. 480-307, 1st Reading (ZA 98-161), Rezoning and Site Plan for Primrose
School, on property legally described as a portion of Tract 6F situated in the J.G. Allen
Survey, Abstract No. 18, and being approximately 1.8 acres. Current zoning is "AG"
Agricultural District with a requested zoning of "S-P-l" Detailed Site Plan District with
"C-2" Local Retail Commemial District uses to include a private kindergarten.
Applicants: Frank and Nancy Cangelosi. Owner: Ronnie M. Woods.
Zoning Administrator Karen Gandy stated, seven (7) notices were sent to property
owners within the 200' notification area and no written responses have been received.
The applicant has met all requirements in Site Plan Review Summary No. 1, dated
January 11, 1999, and Site Plan Review Summary No. 2, dated February 26, 1999, with
the exception of those listed in Site Plan Review Summary No. 3, dated April 1, 1999.
Ms. Gandy reviewed the requested variance for Council at the request of Councilmember
Gary Fawks.
Frank Cangelosi, 225 Bent Creek Court, $outhlake. Mr. Cangelosi stated he is the
applicant in this case and that he has a license for 176 children to attend this school,
adding, they will have approximately forty children who will be there for after school
only. The facility will be the same as the Primrose Country School on South Kimball
Avenue in Southlake. He stated he could not work out the common driveway with the
church next door. He noted the concern of the church was one of liability and that they
would loose approximately seven parking spaces in their parking lot. We would not be
using the parking spaces at the same time as the church, and it looks like they would
overall gain some parking spaces, but they were not willing to work with us on this issue.
Councilmember Ronnie Kendall had questions about parking, stating she is not that
aware of the procedures used in bringing the children to a day care facility. She asked if
the children are walked in or dropped off. Mr. Cangelosi stated the children are walked
in, and that there are events where all the parents and children come at the same time.
like, at Christmas and other holidays.
Mr. Cangelosi reviewed the summary review letter with Council.
Motion was made to approve the 1st reading of Ordinance No. 480-307, Rezoning from
"AG" to "S-P-I" with "C-2" uses to include a private kindergarten and Site Plan for
Primrose School; subject to the Plat Review Summary No. 3, dated April 1, 1999;
granting relief to Item #1 (trash dumpster location) to allow as shown; on Item #2, allow
play structures as shown; on Item #3, allow both vertical and horizontal articulation as
shown; on Item #4a, allow the parking as shown along Davis Boulevard; on Item #5al
allow driveway on Davis Boulevard, to shift 18' north to a location approximately 217'
north of the intersection with Union Church and allowing the curb return to property
north of the property line extension; on Item #5a2, allow the driveway on Davis
Regular City Council Meeting Minutes of the April 6, 1999 Meeting Page 15 of 20
Boulevard, as proposed above; and approving the extension of the decel lane fxom 150'
to 250' length and the driveway intersecting the decel lane as shown on the plan.
Motion: Martin
Second: Evans
Ayes: Martin, Edmondson, Evans, Kendall, Moffat, Stacy
Nays: Fawks
Approved: 6-1 vote
Agenda Item g8-c, ZA 98-163, Plat Showing for Proposed Lots 10 & 11, J.G. Allen
No. 18 Addition (11:20 p.m.)
ZA 98-163, Plat Showing for proposed Lots 10 & 11, J.G. Allen No. 18 Addition, on
property legally described as Tract 6F situated in the J.G. Allen Survey, Abstract No. 18,
and being approximately 3.426 acres. Current zoning is "AG" Agricultural District.
Applicants: Frank and Nancy Cangelosi. Owner: Ronnie M. Woods.
Zoning Administrator Karen Gandy stated nine (9) notices were sent to property owners
within the 200' notification area and one (1) written response was received from Morris
W.. Farmer, 684 Davis Boulevard, Southlake, in favor. Ms. Gandy stated the Planning and
Zoning Commission approved ZA 98-163 on March 4, 1999, with a 6-0 vote, subject to
the Plat Review Summary No. 2, dated February 26, 1999, accepting Item gl but
instructing the applicant and a City representative to make a good faith effort to meet
with a church official to see if an agreement can be reached regarding a common access
easement, and if that is not possible, then waiving Item gl.
Motion was made to approve the Plat Showing for ZA 98-163, for the proposed Lots 10
& 11, J.G. Allen No. 18 Addition; subject to the Plat Review Summary No. 3, dated
April 1, 1999, granting relief on Item gl to allow the driveway on Davis Boulevard to
shift 18' north to a location approximately 217' north of the intersection with Union
Church and allowing the curb return to project north of the property line extension.
Motion: Martin
Second: Fawks
Ayes: Martin, Fawks, Kendall, Moffat, Edmondson, Evans, Stacy
Nays: None
Approved: 7-0 vote
Agenda Item g7-E, Resolution No. 99-19, A Resolution "Southlake Parks
Development Corporation Sales Tax Revenue Bonds, Series 1999" (11:25 p.m.)
City Manager Curtis Hawk presented Resolution No. 99-19, a resolution authorizing the
issuance of "Southlake Parks Development Corporation Sales Tax Revenue Bonds,
Series 1999", approving (i) the resolution of the Southlake Parks Development
Corporation authorizing the issuance of such bonds and (ii) the execution, on behalf of
the City, of the Financing/Use Agreement relating to such financing by the Corporation;
resolving other matters incident and related to the issuance of such bonds; and providing
an effective date.
Regular City Council Meeting Minutes of the April 6, 1999 Meeting Page 16 of 20
Mr. Hawk stated, in order to issue SPDC revenue bonds, the SPDC Board must approve a
resolution that sets a public heating date to discuss the projects to be funded by the
bonds. The projects are those approved for Fiscal Year 1998-99 by the Board in the
Capital Projects Plan adopted in October, 1998. The amount of sales tax revenue bonds
that can be issued is dependent on the amount of sales tax collected during twelve of the
past eighteen months. First Southwest Company serves as SPDC's financial advisor, and
as such will solicit competitive bids from underwriters, and recommend to the SPDC the
lowest net interest rate bid. The SPDC Board held a public hearing on the specific
projects at a Special Meeting on April 6, 1999 prior to this Council meeting to consider a
resolution to approve the issuance of the $4.655 million 1999 sales tax revenue bonds.
The SPDC President will sign a bond purchase agreement with the low bidder.
Jim Sabonis, First Southwest Company, was present to explain the process of the bond
sale to the City Council. He presented information which is hereby attached to the
minutes of this meeting.
PUBLIC HEARING: No comments were made during the public hearing.
Motion was made to approve Resolution No. 99-19.
Motion: Martin
Second: Evans
Ayes: Martin, Evans, Fawks, Kendall, Moffat, Edmondson, Stacy
Nays: None
Approved: 7-0 vote
Agenda Item #7-F, Ordinance No. 739, 2no Reading~ Authorizing issuance of "City
of Southlake, Texas, Tax and Waterworks and Sewer System Revenue Certificates
of Obligation, Series 1999.
Ordinance No. 739, 2nd Reading, Authorizing issuance of"City of Southlake, Texas, Tax
and Waterworks and Sewer System (Limited Pledge) Revenue Certificates of Obligation,
Series 1999, and resolving other matters incident and relating to the issuance, payment,
security, sale and delivery of said Certificates.
The FY 1998-99 budget includes a capital projects component that provides cost
estimates and projected timing of water, sewer, roadway, drainage and building
improvements/construction projects. Estimated project costs for FY 1998-99 are
$16,647,593. Attached to the minutes of this meeting is a three-page summary of the
projects to be filnded. The City is issuing certificates of obligation for these projects
because the projects are more than the City can fund in one year from current revenues or
other sources of funds. There are a number of large water and sewer infrastructure
projects in the budget that will provide and improve service throughout the City. The
budget also includes improvements to neighborhood streets, drainage, and continuation of
the neighborhood sewer program.
Regular City Council Meeting Minutes of the April 6, 1999 Meeting Page 17 of 20
PUBLIC HEARING: No comments were made during the public hearing.
Motion was made to approve the 2nd Reading of Ordinance No. 739.
Motion: Martin
Second: Evans
Ayes: Martin, Evans, Fawks, Kendall, Moffat, Edmondson, Stacy
Nays: None
Approved: 7-0 vote
Agenda Item #7-H, Resolution No. 99-21, Declaring Expectation to Reimburse
Expenditures with Proceeds of Future Debt. (11:45 p.m.)
City Manager Curtis Hawk stated that Resolution No. 99-21 is a resolution declaring
expectation to reimburse expenditures with proceeds of future debt, prepared by Ed
Esquivel with Fulbright and Jaworski, bond counsel for the City of Sonthlake. The City
of Southlake plans to issue certificates of obligation with a proposed par amount of $3.61
million for the first phase of the Town Hall project within the Tax Increment
Reinvestment Zone. The certificate of obligations will be used to fund architectural and
construction management services for the Town Hall project and perhaps, infrastructure
and/or star~ up construction funding for the Town Hall.
Motion was made to approve Resolution No. 99-21 as presented.
Motion: Martin
Second: Evans
Ayes: Martin, Evans, Fawks, Kendall, Moffat, Edmondson, Stacy
Nays: None
Approved: 7-0 vote
Mayor Pro Tem Evans stated for the record, "This will probably be my last Council
meeting and I wanted to say, Jim Sabonis has been our financial advisor for a number of
years and I have certainly enjoyed his good thinking and hard work for the City, and Ed
Esquival has been with us for so many years as our bond counsel, and I want to thank
him for eve~thing he has done for the City."
Councilmember Scott Martin stated, "I concur with Councilmember Evans' comments,
and I want to say that Jim Sabonis always has paramount in his mind that Council knows
what we are doing when working with bond issues, and I for one appreciate that,"
Agenda Item #9-A, Resolution No. 99-07, Amending Fee Schedules for Park
Dedication Fee (11:50 p.m.)
Director of Community Services Kevin Hugrnan stated, that this item was brought to
Council in March and at that time was tabled to this meeting. Per Ordinance No. 483-F,
the City may amend the Subdivision Ordinance concerning park and recreation
dedication requirements. Section 7.05 of this Ordinance sets the standard of fees in lieu
of park land dedication based upon the fair market value, or raw acreage cost. Currently
Regular City Council Meeting Minutes ofthe April 6, 1999 Meeting Page 18 of 20
this value is set at $40,000 per acre. Section 7.05 further states that the City Council shall
annually establish an acreage land value cost based upon an average fair market value.
This value cost is the fee standard for the fiscal year.
An appraisal was recently conducted to determine a fair market value for land in the City.
According to the appraisal, the raw acreage cost currently in place is undervalued.
Increasing the raw acreage cost to $60,000 per acre yields a fifty percent (50%) increase
in park dedication fees per lot for a residential dwelling and a fifty percent (50%)
increase per gross acre for commercial developments. This would bring park dedication
fees to $1,500 per residential dwelling unit, and $1,200 per gross acre for non-residential
developments. The Park and Recreation Board considered this issue at the February 8,
1999 meeting and recommended that the fee standard be raised to reflect a fair market
value.
Mayor Stacy stated, "Mr. Hugman gave me some information after the work session
tonight because I had stated that no one else that we knew of charged a non-residential
fee. Hugman stated to me that the City of Colleyville passed a commercial fee. This
thing that Colleyville copied us on is not good in my opinion. I don't think we should
charge a commercial fee because the parks do not impact commercial."
Councilmember Scott Martin stated, "I as much as anyone else in the City want to see our
park system develop. We all know the many needs we have in the park system, and I
also know, as the Mayor pointed out, each and every brick we put in the wall to keep
certain commercial or non-residential developments out of the City, or require of them to
come into the City is one more brick in the wall. During our first meeting we discussed
raising the valuation for residential property and keeping the valuation at the $60,000 but
revising the price per gross acre for residential developments to be the same $800 per
gross acre. If we pass something like that, it will say to the commercial community that
we do expect them to carry part of their share. Sometimes we do have to do a little
compromising."
Councilmember Edmondson agreed with what Mr. Martin said.
Motion was made to approve Resolution No. 99-07, amending the fee schedule for park
dedication fees setting the raw acreage cost at $60,000 per acre and leaving the fee of
$800 per gross acre for commercial properties.
Motion: Martin
Second: Edmondson
Ayes: Martin, Edmondson, Evans, Fawks, Kendall, Moffat
Nays: Stacy
Approved: 6-1 vote
Agenda Item #2-A~ Executive Session (12:00 midnight)
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
Regular City Council Meeting Minutes of the April 6, 1999 Meeting Page 19 of 20
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 litigations, 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
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 implementations of security personnel or devices.
Council adjourned into executive session at 12:00 a.m.
Council returned to open session at 12:03 a.m.
Agenda Item #2-B, Action Necessary/Executive Session (12:05 a.m.)
Motion was made to authorize staff to offer to acquire a private water system in the
amount of $10,000.
Motion: Kendall
Second:Martin
Ayes: Kendall, Martin, Edmondson, Evans, Fawks, Moffat, Stacy
Nays: None
Approved: 7-0 vote
Agenda Item #12, Adjournment
Mayor Rick Stacy adjourned the Regular City Council meeting of April 6, 1999, at 12:07
a.m.
ATTEST:
Sandra L. LeGrand
City Secretary
~VI'~y6r Rick Stacy-'--~
M:\WP-FILEShMINUTES~Rev-cc-min-4-6-99.doc/sl
Regular City Council Meeting Minutes of the April 6, 1999 Meeting Page 20 of 20