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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