1999-06-01REGULAR CITY COUNCIL MEETING
667 NORTH CARROLL AVENUE
SOUTHLAKE, TEXAS
JUNE 1, 1999
MINUTES
COUNCILMEMBERS PRESENT: Mayor Rick Stacy; Mayor Pro Tem Gary Fawks.
Members: Debra Edmondson, Rex Potter and Wayne Moffat.
COUNCILMEMBERS ABSENT: Deputy Mayor Pro Tem Ronnie Kendall and Patsy
DuPre.
CITY STAFF PRESENT: City Manager Billy Campbell; Assistant City Manager
Shana Yelverton; Assistant to the City Manager Shclli Siemer; Director of Public Works
Bob Whitehead; Director of Engineering Services Ron Harper; Deputy Director of
Engineering Services Charlie Thomas; Capital Projects Coordinator Shawn Poe;
Director of Economic Development Greg Last; Interim Director of Community
Development Karcn Gandy; Interim Director of Finance Lynn Martinson; Director of
Community Services Kevin Hugman; Director of Public Safety Garland Wilson;
Director of Human Resources Lanrcn Safranek; City Attorney Wayne Olson; and, City
Secretary Sandra L. LeGrand.
WORK SESSION: The work session was called to order by Mayor Rick Stacy at 5:40
p.m. Councilmembers and staff discussed items on tonight's meeting agenda. The work
session was video taped and a tape recording was made of the work session for future
reference. The work session ended at 6:10 p.m. (Councilmember Rex Potter was not
present for the work session).
REGULAR SESSION
Agenda Item #1, Call to Order
Mayor Rick Stacy called the Regular City Council meeting to order at 6:15 p.m.
Agenda Item #2-A, Executive Session
Mayor Rick Stacy advised the audience that the City Council would be going into
executive session pursuant to the Open Meetings Act, Chapter 551 of the Texas
Government Code, Sections 551.071, 551.072, 551.073, 551.074, 551.075, 551.076 to
seek consultation with the 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
Regular City Council Meeting Minutes of June 1, 1999 Page 1 of 15
information from or to question the employees, and to deliberate the deployment of
specific occasions for implementation of security personnel or devices.
Council adjourned into executive session at 6:20 p.m.
Council returned into regular session at 7:25 p.m.
Agenda Item #2-B, Action Necessary/Executive Session
No action was taken as thc result of the executive session.
Agenda Item #3, Invocation
Mayor Rick Stacy led the invocation for Coy Quesenbury, chaplain for June.
Agenda Item #4, Mayor's Report
Mayor Rick Stacy made the following announcements:
,/ June 22, 1999, there will be a Special City Council meeting regarding the Sabre
development in Southlake.
· / June 26, 1999, there will be celebration of Independence Day in thc park at Town
Square sponsored by the Southlake Department of Community Services.
~ The Annual June Retreat will be held June 29 and June 30, 1999, in the Education
Center at Solana.
,/ Saturday, July 3, 1999, Town Square will host a "Community Independence Day
Celebration" from 10:00 a.m. to 10:00 p.m. Thc City's Community Services
Department will be co-hosting this event.
v~ July 3, 1999, Timarron Subdivision will be having their annual 4th of July Parade.
The Mayor and Councilmembers have been asked to participate in the event.
Agenda Item #4-B, City Manager's Report
City Manager Billy Campbell announced that tomorrow the Miron water tower will be
raised. The City is excited about having another elevated water storage tank.
Director of Economic Development Grcg Last presented thc project pdoritization
information for the June Retreat. He asked Councilmembers to take a minute to complete
thc forms and return the results to him by June 15, 1999.
Regular City Council Meeting Minutes of June 1, 1999 Page 2 of 15
Agenda Item #4-C, SPIN Report
The SPiN report was given by David Baltimore, Senior representative for SPiN. He
congratulated the new Councilmembers and made reference to the following SPIN
meetings which will be held during the next two weeks:
June 2, 1999 7:00 p.m. Senior Center Shops of Southlake
June 3, 1999 SPIN #2 Kirkwood Hollow, Phase 2
June 8, 1999 1:15 p.m. Senior Center Transportation Initiatives
June 10, 1999 Proposed Helmet Ordinance
June 10, 1999 Regular monthly meeting for CIP-Parks and Trail Plan
Agenda Item #5, Consent Agenda
Mayor Rick Stacy stated this is the time of the evening when Council votes on several
items at one time. He informed citizens present of the procedure Council follows in
voting on the "Consent Agenda" and asked if anyone had any comments or opposition to
express regarding any items listed in this section of the agenda. Mayor Stacy read the
consent agenda items into the record as follows:
5-A. Approval of the Minutes of the Regular City Council meeting held on May 18,
1999 and the Special City Council meeting held May 24, 1999.
5-B. Resolution No. 99-11, Annual adoption of the City Investment Policy.
5-C. Award of bid to Brice Systems for purchase of NT servers for the citywide
computer system.
5-D. Appointment of Brian Stacy to the position of Fire Reserve for the Southlake
Department of Public Safety, Fire Services Division.
5-E. Authorization to advertise for bids on a 1999 road-marking (striping) machine.
5-F. Authorize staff to advertise for bids to remove the three underground storage
tanks at City Hall.
5-G. Revisions to Park Use Policy regarding Rustin Park pavilion and other
miscellaneous items.
5-H. ZA 99-017, Preliminary Plat for Versailles, Phase III, on property legally
described as being Lots 1 and 2, Block 1, E.A. Smith subdivision.
ZA 99-037, Preliminary Plat for Lots 7, 8, & 9, Block 3, Diamond Cimle Estates,
on property legally described as Tract 3 situated in the William W. Hall Survey,
Regular City Council Meeting Minutes of June 1, 1999 Page 3 of 15
Abstract No. 687, and Tract 1, John M. Stevenson Survey, Abstract No. 2040 and
being approximately 4.889 acres.
ZA 99-045, Revised Preliminary Plat for Lots 2 and 3, Block 1, Panorama Place,
on property legally described as Tract 5A situated in the W.W. Hall Survey,
Abstract No. 695 and being approximately 2.830 acres.
5-K. Approving the appointment of Deputy Director of Fire Services Garland Wilson
as Director of Public Safety.
5-L. Ordinance No. 740, 2nd reading, Tabled to June 15, 1999.
5-M. Ordinance No. 544-A, 2nd reading, Tabled to June 15, 1999.
10-A.
Authorize funding of $1 million dollars for City of Southlake's participation in
the Kimball Road project pursuant to Advance Funding Agreement with TxDOT
dated October 17, 1997.
10-B. Consideration of a sign variance appeal for Designer Studio for Women, 480
West Southlake Boulevard, Suite #131.
Motion was made to approve the consent agenda as noted above.
Motion: Potter
Second: Moffat
Mayor Pro Tem Fawks stated on Item #10-A, that the project is to be reimbursed
by TRIZ funding if available.
Ayes: Potter, Moffat, Fawks, Edmondson, Stacy
Nays: None
Approved: 5-0 vote
Mayor Stacy presented Brian Stacy and congratulated him on being appointed as
a volunteer fireman for the City of Southlake. Stacy also commended Garland
Wilson for a job well done and welcomed him in his new promotion to Director
of Public Safety.
ADDITIONAL INFORMATION REGARDING CONSENT AGENDA ITEMS
5-A. Approval of the minutes from the May 18 and May 24, 1999 City Council
meetings. The minutes were approved as presented.
Resolution No. 99-11, Adopting the City Investment Policy. Section 2256- Public
Funds Investment Act of the Texas Government Code establishes the
requirements for a local government investment policy. The City of Southlake
Regular City Council Meeting Minutes of June 1, 1999 Page 4 of 15
last modified its investment policy in October 1977 to comply with then-recent
legislative changes. In July 1998, the Council approved a list of training
providers for the law's required investment training. In February, 1999, First
Southwest Company completed a review of the City's investment policy against
recent changes to the Act and have identified a number of changes which will
both strengthen and bring the policy into full compliance with the Act.
Award of bid to Brice Systems for purchase of NT servers for the ciO/wide
computer system. The present system is approximately two years old. Due to
continuous usage, the hardware is beginning to have failures, resulting in the loss
of data processing time throughout the city government. The system is also
overloaded which causes the same types of interruptions. During the FY 1998-99
budget process, this problem was recognized and prepared for. The budgeted
amount for replacement of this equipment was $50,000. Brice Systems submitted
the lowest bid of $37,183. In their proposal they recommend the use of RightFax
as opposed to the LanFax product we requested for an additional price of $1,500.
They also recommended increasing the processors in all servers to dual instead of
single. With the changes suggested, this would make the total cost of the project
$41,333 which would be within the budgeted amount and enhance our ability
beyond what we requested.
Appointment of Brian Stacy to the position of Fire Reserve for the Southlake
Department of Public Safety, Fire Services Division. Southlake Department of
Public Safety encourages and invites residents to participate in a variety of
programs. The fire reserve program is one example of community based
opportunities in DPS. Brian Stacy has made application and has successfully
completed the entrance exam, polygraph, and the psychological test. Mr. Stacy
has always held an interest in fire services, as evident of his role in 1984-85 when
he served as the Southlake Fire Department mascot. Mr. Stacy graduated from
Carroll High School and will graduate from the fire academy in July.
Authorization to advertise for bids for a 1999 road marking (striping) machine.
Currently the Public Works Department contracts an outside company to stripe
the roads of Southlake. By using other contractors, the City is subject to their
schedules and prices.
Authorization to advertise for bids to remove the three underground fuel storage
tanks at City Hall. The removal of the three underground storage tanks was
planned for two reasons: 1) current Texas Natural Resource Conservation
Commission (TNRCC) regulations require all underground fuel tank operators to
add leak detection systems to existing tanks or abandon them and 2) the City's
desire to convert the Public Works Center on Continental Blvd. to the fuel center
for the City of Southlake operations. Options other than removal were
considered, but based upon TNRCC experience, the removal of the tanks is the
most cost-effective measure.
Regular City Council Meeting Minutes of June 1, 1999 Page 5 of 15
5-0.
IO-A.
Revisions to Park Use Policy regarding Rustin Park pavilion and other
miscellaneous items. The current policies do not presently include provisions for
the scheduling and use of the Rustin Park pavilion. The proposed changes define
the unique nature of the facility and preserve its use for cultural and community
activities, while also restricting other uses that could result in continual bookings
and thereby prevent opportunities to host events that are more community-
oriented. The City Council considered this item at its May 18 meeting and
requested two changes be made to the policy: 1) non-resident reservations be
limited to within thirty days of reservation date; and, 2) allow the City Manager to
approve variances without the Park Board's recommendation if timing does not
allow Board review and recommendation.
ZA 99-017, Preliminary Plat of Versailles, Phase III. The preliminary plat of
Versailles, Phase III was approved subject to the recommendation of the Planning
and Zoning Commission, on May 20, 1999.
ZA 99-037, Preliminary Plat of Lots 7, 8, 9, Block 3, Diamond Circle Estates. The
preliminary plat was approved subject to the recommendation of the Planning and
Zoning Commission on May 20, 1999.
ZA 99-045, Revised Preliminary Plat of Lots 2 and 3, Block 1, Panorama Place.
The Revised Preliminary Plat for Lots 2 and 3, Block 1, Panorama Place, was
approved, subject to the recommendation of the Planning and Zoning
Commission on May 20, 1999.
Approving the appointment of Deputy Director of Fire Services Garland Wilson
as Director of Public Safety. Garland Wilson has been with the City of Southlake
for over ten years, serving in the capacities of Fire Captain and Deputy Director
of Fire Services. He has interacted with City Council both at a local level and as
Fire Chief in Aubrey, Texas for ten years. He was instrumental in Southlake
becoming the first fire service in Texas to obtain State accreditation and this
experience will be vital with Southlake's planned police accreditation process.
Wilson's appointment will create a vacancy in Fire Services and Ricky Black will
be appointed to that position. Because Billy Campbell held the title of Chief of
Police, the Deputy Directors will be re-titled as followed: Deputy Director of
Public Safety/Chief of Police Services will be Gary Gregg and Deputy Director of
Public Safety/Chief of Fire Services will be Ricky Black. The number of deputy
directors will be reduced from three to two within the Public Safety Department
as John Knight will be reassigned in order to more clearly facilitate the citywide
computer and radio system.
Authorize funding of $1 million for City of Southlake's participation in the
Kimball Road project pursuant to Advance Funding Agreement with TxDOT
dated October 17, 1997. On October 17, 1997, the City entered into an Advance
Funding Agreement with TxDOT for the payment of $1,000,000 for the
reconstruction of State Highway 114 from 0.5 miles west of Kimball Road to
Regular City Council Meeting Minutes of June 1, 1999 Page 6 of 15
F.M. 1709. The City received a request for this payment on May 7, 1999, due
within thirty days of receipt.
10-B.
Consideration of a sign variance appeal for Designer Studio for Women, 480
West Southlake Boulevard, Suite # 131. Mrs. Miller has operated her business in
Southlake for ten years. She is moving to a new location in the Southlake Oaks
Phase II. The request for variance was granted by City Council.
Agenda Item #6, Public Forum
No comments were received during the public forum.
Agenda Item #7-A, Resolution No. 99-41 (ZA 99-007), SUP for Home Depot (7:40
p.m.)
Resolution No. 99-41 (ZA 99-007), Specific Use Permit for outside storage of plants or
other greenery as part of a retail operation for Home Depot, per Zoning Ordinance No.
480, Section 45.1 (29) on property legally described as Lot 4, Block 2, Village Center,
Phase 2, an addition to the City of Southlake, Tarrant County, Texas, according to the
plat recorded in Cabinet A, Slides 3095 & 3096, Plat Records, Tarrant County, Texas,
and being approximately 11.732 acres. A Site Plan will be considered with this request.
Current zoning is "C-3" General Commercial District. Applicant: Winkelmann &
Associates, Inc. Owner: Home Depot USA, Inc.
Zoning Administrator Karen Gandy stated six (6) notices were sent to property owners
within the 200' notification area and no written responses have been received. Ms.
Gandy noted that the Specific Use Permit Revised Review No. 1, dated April 30, 1999,
with the exception of items addressed under this review, was subject to all conditions of
the previous site plan approval.
Mike Clark, Winklemen & Associates. Mr. Clark stated he visited the Home Depot
tonight and the grounds were cleaned up and the dead shrubs were replaced. He noted
the dead trees were on the PetsMart property and not Home Depot property. Mr. Clark
requested that the SUP be granted for a two year period.
Councilmember Rex Potter asked if the issue of the vending machines had been
researched. Ms. Gandy stated the vending machines are acceptable on the outside of the
building, This has been the policy and there has never been an issue with them in the
past. Ms. Gandy stated in an upcoming ordinance for outside storage, if it is Council's
desire to eliminate the use of outdoor vending machines, it could be addressed in a new
ordinance or an ordinance amendment. Councilmember Potter stated he does have a
problem with outdoor storage of vending machines at Home Depot at this time, and
stated he will work with staff on a vending machine ordinance in the near future. Mayor
Stacy suggested putting the issue of vending machines on the prioritization schedule.
Regular City Council Meeting Minutes of June 1, 1999 Page 7 of 15
PUBLIC HEARING:
Pamela Muller, 214 Westwood Drive, Southlake. Ms. Muller expressed concerns that
anyone can bring in a business and have outside storage.
Motion was made to approve Resolution No. 99-41, SLIP for outside storage of plants or
other greenery as part of a retail operation for Home Depot, as recommended by the
Planning and Zoning Commission, pursuant to the Revised Review Summary No. 1,
dated April 30, 1999; including the letter of commitment from Home Depot regarding
landscaping maintenance,
Motion: Potter
Second: Moffat
Ayes: Potter, Fawks, Moffat, Edmondson, Stacy
Nays: None
Approved: 5-0 vote
Agenda Item #7-B, ZA 99-041, Site Plan for Kirkwood Hollow Neighborhood
Center (7:55 p.m.)
ZA 99-041, Site Plan for Kirkwood Hollow Neighborhood Center on property legally
described as Lot 32, Block 2, Kirkwood Hollow, Phase 1, an addition in the City of
Southlake, Tarrant County, Texas, according to the plat recorded in Cabinet A, Slide
4537, Plat Records, Tarrant County, Texas, and being approximately 0.694 acres.
Current zoning is "R-PUD" Residential Planned Unit Development District. Applicant:
Huitt-Zollars, Inc. Owner: 300 Convent Corporation.
Planner Stephanie Wagoner presented ZA 99-041 stating two (2) notices were sent to
property owners within the 200' notification area and no written responses were received.
She noted on May 20, 1999, the Planning and Zoning Commission (7-0 vote) approved
the site plan subject to the Site Plan Review Summary No. 2, dated May 14, 1999,
deleting Item #1 with the understanding and the applicant's admission that the 14 spaces
will be required with the next phase of development; deleting Item #2 but placing the
required plantings throughout the property; modifying Item #3 as follows: south side=
requiring a 5' metal picket fence; north and east sides= in addition to the 10' bufferyard,
requiring a 6' wood picket fence with the pickets out and requiring shrubs to be planted
every 3' inside the fence; and deleting Item #4 (dumpster).
The applicant was not present for the meeting.
PUBLIC HEARING: No comments were made during the public hearing.
Councilmember Potter questioned the screening fence. Ms. Gandy responded by stating
they opted to go with the 6' wood fence, with a 5' wrought iron fence around the south
side of the property. Councilmember Potter stated he noticed that they have already
started this project, and he asked what the policy is for starting a project prior to approval
Regular City Council Meeting Minutes of June 1, 1999 Page 8 of 15
by the City Council. Ms. Gandy stated the applicant already started the project as they
were unaware that a public processing of the Site Plan is needed, and the developer was
trying to meet the demand of the builders in light of the Sabre development coming to
Sonthlake. Everything was very tenuous and staff agreed and the City Manager signed a
letter of conditional building permit, which means that if they proceed on and should not
gain the appropriate approval for this site plan, the developer would be proceeding at
their own risk. Gandy noted this does not happen very often but this case had some very
extenuating circumstances.
Councilmembers Edmondson and Potter expressed they have problems with the
developer going forward on a project without proper approval of the City Council prior to
construction. Councilmember Potter stated by the developer going forward, it makes
Council somewhat uncomfortable by the time it gets to Council for approval.
Stephanie Wagoner explained the motion made by the Planning and Zoning Commission.
Ms. Edmondson stated after heating the issue explained, her only concern is the metal
picket fence and she would prefer to change that to wrought iron.
Motion was made to approve ZA 99-041 pursuant to the motion made by the Planning
and Zoning Commission; clarifying that the 5' metal picket fence in fact be a wrought
iron fence; subject to the Site Plan Review Summary No. 2, dated May 14, 1999.
Motion: Edmondson
Second Moffat
Ayes: Edmondson, Moffat, Potter, Fawks, Stacy
Nays: None
Approved: 5-0 vote
Agenda Item #7-C, ZA 99-043, Revised Site Plan for Rockenbaugh Elementary
School (8:10 p.m.)
ZA 99-043, Revised Site Plan for Rockenbaugh Elementary School, on property legally
described as Lot 1, Block 60, Timarron Addition, Phase 5, an addition in the City of
Southlake, Tarrant County, Texas, according to the plat recorded in Cabinet A, Slide
3674, Plat Records, Tarrant County, Texas, and being approximately 15.357 acres.
Current zoning is "R-P.U.D" Residential Plarmed Unit Development (P.U.D. No. 1,
Timarron). Applicant: Cheatham and Associates. Owner: Carroll Independent School
District.
Planner Stephanie Wagoner stated the land use category for this property is Public/Semi-
Public and lies in the 100 Year Floor Plain. She noted nine (9) notices were sent to
property owners within the 200' notification area and no written responses were received.
Ms. Wagoner stated on May 20, 1999, the Planning and Zoning Commission approved
(7-0 vote) ZA 99-043 subject to the Site Plan Review Summary No. 2, dated May 14,
1999, deleting Item #1 only with the understanding that masonry columns be used on the
canopy structure; deleting Items #2 and #3 with the understanding that the comment in
Regular City Council Meeting Minutes of June 1, 1999 Page 9 of 15
the Interior Landscape Chart, "ensure plantings listed as "provided" are alive; any dead
plants must be replaced" be made a permanent requirement and requiring them to provide
canopy trees and accent trees in accordance with the ordinance (3 extra canopy trees and
11 extra accent trees); deleting Item #4 (parking spaces).
CISD representatives: Brent Cline, John Craft, Assistant Superintendent; Eddie
Cheatham, Consulting Engineering and Howard Vesta, architect. Mr. Cline stated they
wish to add a ten (10) room addition to the northeast comer of the building which will be
extended off the existing corridors. He noted they will comply with the landscaping
requests and the parking lot variance that was requested and the articulation but they
object to the request for masonry columns on the ends of the building.
Howard Vestal, VLK architect, spoke regarding the aesthetic value of the columns.
PUBLIC HEARING: No comments were made during the public heating.
Motion was made to approve ZA 99-043 as recommended by the Planning and Zoning
Commission with the variance to leave the metal columns as planned.
Motion: Fawks
Second: Moffat
Ayes: Fawks, Moffat, Potter, Edmondson, Stacy
Nays: None
Approved: 5-0 vote
Agenda Item #7-1), ZA 99-049, Revised Site Plan for Eckerd 1)rugs (8:20 p.m.)
ZA 99-049, Revised Site Plan for Eckerd Drugs, on property legally described as Lots 5
and 6, Block 6, Diamond Cimle Estates, an addition to the City of Southlake, Tarrant
County, Texas, according to the plat recorded in Volume 388-181, Page 69, Plat Records,
Tarrant County, Texas and being approximately 1.698 acres. Current zoning is "C-2"
Local Retail Commercial District. Owner and Applicant: EPIPD-Southlake No. 1, L. P.
Planner Stephanie Wagoner stated eleven (11) notices were sent to property owners
within the 200' notification area and one (1) response was received from: Robert and
Debbie Montoya, 809 Pearl Drive, Southlake, in favor.
The Planning and Zoning Commission approved ZA 99-049 on May 20, 1999 (7-0 vote)
subject to the Site Plan Review Sununary No. 1, dated May 14, 1999, deleting Items #1
(4:1 slope line) and #2 (parking spaces).
David McMahan, 1335 Hidden Glen, Southlake. Mr. McMahan stated he was present
representing EPIPD-Southlake No. 1. He stated they have no objection to what was
approved by the Planning and Zoning Commission. He said what has changed is the wall
and they added the stone look and more windows. Those are the only differences from
what was already presented to Council.
Regular City Council Meeting Minutes of June 1, 1999 Page 10 of 15
Councilmember Edmondson stated when this item came before Council the first time,
there was a whole page of conditions. If those conditions are not noted in the motion this
time, does it mean they go away? Ms. Gandy stated no, they will still have to comply
with those changes.
PUBLIC HEARING: No comments were made during the public hearing.
Motion was made to approve ZA 99-049, subject to the Site Plan Review Summary No.
1, dated May 14, 1999; and subject to the recommendation made by the Planning and
Zoning Commission; deleting Items #1 and #2.
Motion: Potter
Second: Edmondson
Ayes: Potter, Edmondson, Fawks, Moffat, Stacy
Nays: None
Approved: 5-0 vote
Agenda Item #10-C, Sign Variance Appeal for Eckerd Drugs, 100 East Southlake
Boulevard. (8:25 p.m.)
Administrative Operations Coordinator Malcolm Jackson presented the request for sign
variance for Eckerd Drugs, stating Eckerd is presently located at 100 West Southlake
Boulevard, in the Crossroads Square Center. They would like to relocate to the above
location in order to have a larger freestanding facility.
Mr. Jackson stated Section 16-A of the Sign Ordinance limits the letter height of
attached signs to various heights corresponding to the distance from the property line
along the appropriate street frontage. The proposed sign on the south elevation is set
back approximately 80 feet from Southlake Boulevard, and is, therefore, limited to 12-
inch letter heights. The requested sign has 28-inch high letters. The sign contains 36.5
square feet in area compared to the 111 square feet permitted by ordinance.
Councilmember Edmondson stated for the record, "I have no problem with what they
want to do here. On the west elevation, Eckerd, Food Mart, One Hour Photo -- that is
Hillbilly Heaven going on there and I do not like that at all."
Motion was made to approve the sign variance appeal for Eckerd Drugs allowing twenty-
eight inch high letters as requested and restricting the sign to no more than 36.5 s.f. in
area and further restricting that there will be no additional signage added in this area
without returning to the City Council for approval.
Motion: Fawks
Second: Potter
Ayes: Fawks, Potter, Moffat, Edmondson, Stacy
Regular City Council Meeting Minutes of June 1, 1999 Page 11 of 15
Nays: None
Approved: 5-0 vote
Agenda Item #7-E, Ordinance No. 748, 2nd Reading, Updated Services Credits for
TMRS (8:35 p.m.)
Ordinance No. 748, 2nd Reading, An ordinance authorizing and allowing "Updated
Service Credits" in the Texas Municipal Retirement System on an annual basis and to
increase the rate of deposits to the Texas Municipal Retirement System by the employees
of the City. Assistant City Manager Shana Yelverton stated, during the April 20, City
Council meeting, the Council approved Ordinance No. 709-A, amending FY 98-99
Annual Budget. This budget amendment included funds to increase the City's TMRS
contribution rate by its employees from 6% to 7%. The next step in this process to
increase the City's contribution rate for its employees is to adopt the ordinance required
by TMRS acknowledging and authorizing the change. Updated Service Credit is a plan
provision that the City already has in its TMRS plan, however, TMRS requires that this
provision must be re-adopted whenever a plan change is made. It was noted that
approximately $60,000 for the remainder of FY 98-99, was approved in the budget
amendment.
Director of Human Resources Lauren Safranek was present to answer questions of
Councilmembers.
PUBLIC HEARING: No comments were made during the public hearing.
Motion was made to approve the 2na Reading of Ordinance No. 748 as presented.
Motion: Fawks
Second: Edmondson
Ayes: Fawks, Edmondson, Potter, Moffat, Stacy
Nays: None
Approved: 5-0 vote
Agenda Item #7-F, Ordinance No. 745, 2na Reading, Abandonment of Right-Of-Way
on North Carroll Avenue (8:38 p.m.)
Director of Engineering Services Ron Harper presented Ordinance No. 745, 2nil Reading,
Abandonment of right-of-way on North Carroll Avenue, noting, this ordinance covers
three distinct parcels of property. Parcel A is located between Crestwood Office Park
and is owned by Cooper and Stebbins. When the developer agreement for Town Square
Phase 1 was approved, the City agreed to abandon the portion of the right-of-way in this
area to Cooper and Stebbins in consideration for Cooper and Stebbins dedicating the
entire right-of-way for the "new" North Carroll Avenue. Now that construction is
substantially complete, staff has prepared this abandonment ordinance. Parcel B is
adjacent to Juergen Strunck's property. The realignment of North Carroll Avenue has
produced an area adjacent to Juergen Strunck's property for which the City has no use as
right-of-way. Typically the City would abandon half of the right-of-way to each of the
Regular City Council Meeting Minutes of June 1, 1999 Page 12 of 15
adjacent property owners. The developer of Town Square has agreed to dedicate their
"orphan" property to Mr. and Mrs. Strunck. Rather than create a deed-tracking problem
by creating two abandonments, the City proposed to convey the entire right-of-way to the
Stmncks.
Parcel C is adjacent to property owned by Dr. Mendez. In order to realign North Carroll
Avenue, the City needed to obtain right-of-way from Dr. Mendez. In return, City
Council authorized the trading of abandoned right-of-way. One change has been made to
this ordinance since the first reading. There are existing utilities on the east and west
edges of the old right-of-way. This ordinance has been modified to reflect the retention
of two ten-foot utility easements.
PUBLIC HEARING:
.luergen Strunck, 211 North Carroll Avenue, Southlake. Mr. Strtmck stated he is pleased
with the development and with the help from City staff and Cooper and Stebbins, noting,
he feels this will work out for everyone.
Motion was made to approve Ordinance No. 745, 2nd Reading.
Motion: Fawks
Second: Edmondson
Ayes: Fawks, Edmondson, Potter, Moffat, Stacy
Nays: None
Approved: 5-0 vote
Agenda Item #Il-A, Discussion: Cross Timber Hills Utility Easement Acquisition
Update (8:45 p.m.)
Director of Engineering Services Ron Harper stated at the May 18, 1999, City Council
meeting, staff updated Council on the status of the easement acquisition in order to
construct the sanitary sewer to serve the Cross Timber Hills subdivision. At that time, 13
out of the 55 easement required had been obtained. The Council expressed concerns
about the amount of time it was taking to acquire the easements. The City Council
requested staff to place this item on the next meeting agenda to discuss options available
to expedite the easement acquisition.
Harper stated when the easement documents were sent to the residents, a cover letter
accompanied the documents, however, no mention was made in the letter of the City's
intention to waive the $1,300 participation fee for consideration of the easement. At the
previously held neighborhood meetings, City staff did indicate to the homeowners
present that the normal "policy" for acquiring easements was to first request the
homeowner to donate the easement to the City without compensation. If the homeowner
requested any compensation for the easement, then the City would waive the $1,300
participation fee. Therefore, the cover letter sent to the residents with the easement
documents did no refer to the City's intention of waiving the $1,300 participation fee. A
Regular City Council Meeting Minutes of June 1, 1999 Page 13 of 15
copy of the information provided to Council from Capital Projects Coordinator Shawn
Poe is hereby attached to the minutes of this meeting.
Mr. Harper said twenty-five easements have been signed as of this time. Mayor Stacy
asked someone from staff to personally contact each property owner that has not signed
an easement prior to the next City Council meeting. Mr. Harper stated that is not too
much to ask and that Mr. Poe continued to meet with residents in the evenings almost on
a daily basis. Mr. Harper said that they have not had anyone say they were not going to
sign.
Director Ron Harper stated for the record, "We have touched upon this at the mid-year
budget discussion, regarding the cost of the project, and that the cost of project has
increased substantially, with the requirement that we have had for boring under trees and
along property lines. We currently have over 7,000 linear feet of boring which averages
about $100 a linear foot for boring costs for this type of line. We have put these
additional numbers and funds into the Capital Improvements Program and into the budget
request, and I want Council to be aware that when we come back with a final bid and
contract award, it will be more than when we started this project two years ago."
Mayor Stacy asked, "Are we getting these easements because we are agreeing to bore?"
Harper stated, "In some cases we are getting the easements because we are agreeing to
bore. This is in keeping with the practice that was established by the past Council, in
trying to minimize to the greatest extent, any type of earth disturbance and loss of trees
and vegetation in different areas. I know that past Councils have been aware of this and
they not told us to stop."
Mayor Stacy asked, "How many types of ordinances do we violate if we put up signs at
the entrance to Cross Timber Hills stating the number to easements that have been
acquired and the number that still need to be acquired?"
David Baltimore, Cross Timber Hills Homeowners Association. Mr. Baltimore stated the
Cross Timber Hills Homeowners Association would be happy to put the information on
their bulletin boards.
Councilmember Gary Fawks stated he would like maps showing who has and who has
not signed easements.
City Manager Billy Campbell stated staff will have more information at the next City
Council meeting.
Doug Caston, 1357 Lakeview, Cross Timber Hills. Mr. Caston stated he is one of three
residents that has asked for additional consideration in exchange for an easement. He is
looking forward to working with Ron Harper and Shawn Poe on this request.
Agenda Item #12, Adjournment (9:05 p.m.)
Regular City Council Meeting Minutes of June 1, 1999 Page 14 of 15
Before Mayor Stacy adjourned the meeting, Councilmember Rex Potter asked Mr.
Harper to call a meeting with the old Town Hall Facilities Committee members. Harper
responded by saying he has prepared a comparison of the information presented by the
committee with what has been done to date on the Town Hall building. He stated when
that information is completed he will call a meeting of all the members of the committee.
Mayor Rick Stacy adjourned the Regular City Council meeting at 9:05 p.m.
M~y~Rick Stac~~-'-~
ATTEST:
sandra L. LeGrand
City Secretary
L:\CTYSH ARE\MINUTES\CC-MIN-06-01-99.doc
Regular City Council Meeting Minutes of June 1, 1999 Page 15 of 15
City of Southlake, Texas
MEMORANDUM
May 28, 1999
I '
TO: Billy Campbell, City Manager
FROM: Shawn Poe, Capital Projects Engineer
j I
SUBJECT: Cross Timber Hills Utility Easement Acquisition Update
Action Requested: Not applicable
Background
Information: At the May 18, 1999 City Council meeting, staff updated Council on the
status of the easement acquisition in order to construct the sanitary sewer
to serve the Cross Timber Hills subdivision. At that time, 13 out of the 55
easements required had been obtained. The Council expressed concerns
about the amount of time it is taking to acquire the easements. The City
Council requested staff to place an item on the June 1 City Council
meeting to discuss options available to expedite the easement acquisition.
Attached is a spreadsheet showing the property owner name, address, and
status of each easement. As of today, 19 easements have been acquired. 1
have been continually meeting with the residents on -site to answer any
questions. I have also been following up with the residents via phone that
I have had previous contact.
Financial
Considerations: When the easement documents were sent to the residents, a cover letter
accompanied the documents (see attached cover letter), however no
mention was made in the letter of the City's intention to waive the $1300
participation fee for consideration of the easement. At the previously held
neighborhood meetings, City Staff did indicate to the homeowners present
that the normal "policy" for acquiring easements was to first request the
homeowner to donate the easement to the City without compensation. If
the homeowner requested any compensation for the easement, then the
City would waive the $1300 participation fee. Therefore, the cover letter
to the residents sent with the easement documents did not refer to the
City's intention of waiving the $1300 participation fee.
In order to minimize any confusion regarding compensation for the
easement, staff mailed a letter to the outstanding residents in Cross Timber
Hills where an easement is required (see attached letter dated May 27,
1999).
11A -1
There have been several residents that have returned the documents
without requesting the waiver of the $1300 participation fee. However. to
be fair and consistent, once the City received the easement document, I
added to the document that the $1300 participation fee would be waived
and mailed a copy of that document back to the homeowner.
The City has received three requests in writing from residents that wish to
be compensated more for the easement than just the waiver of the $1300
participation fee. The letters from each resident are attached. The
homeowner names and requests are as follows:
Homeowner Address Concession Requested
Pennington 1825 Sleepy Hollow - Plat Revision
- $1300
Participation Fee Waiver
Caston 1357 Lakeview Drive - $1300 Participation Fee
Waiver
- $200 for Watering
- $3,360 for trees
Adrian 1362 Woodbrook - $1300 Participation Fee
Lane Waiver
- $1,200 Cash
I have responded in writing to each of the residents above to confirm that I
have received their letters. I plan to proceed aggressively to obtain the
other easements now and receive direction from Council at a later date
regarding the homeowners who have requested additional concessions.
Citizen Input /
Board Review: Not applicable
Legal Review:
Alternatives: Not applicable
Supporting
Documents: Cross Timber Hills Easements spreadsheet
Utility Easement cover letter dated March 1, 1999
Letter dated May 27, 1999
Letter dated April 11, 1999 from IVIr. Pennington
Tree evaluation from Mr. Caston
Letter dated April 5, 1999 from Mr. Adrian
Staff
Recommendation: Staff recommends proceeding to acquire the easements. Staff also
recommends negotiating further with the homeowners that are requesting
11A-2
more compensation for the easement once all the other easements have
been acquired.
SEP /sep
Approved for Submittal to City Council:
6
City Manager's Office
11A-3
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11A -5
City of Southlake
D_uthia -
March 4, 1999
Mayor:
Rick Stacy
Cross Timbers Resident
Mayor Pro Tem: S outhlake, TX 76092
W. Ralph Evans
Deputy Mayor Pro Tem: RE: Sanitary Sewer to serve Cross Timbers Subdiv S ion
Scott F. Martin Required Easements
Counalmembers:
Wayne Moffat Dear Mr. Resident:
Ronnie Kendall
Debra Edmondson
Gary Fawks The City is in the process of obtaining the necessary utility easements in order
City Manager. to install the sanitary sewer that will serve the Cross Timbers Subdivision.
Curtis E. Hawk Attached you will find two copies of the necessary utility easement that is
required on your property in order to install the aforementioned sanitary
'ssistant City Manager: sewer. I will be pleased to meet with you at your convenience to discuss this
,ana K. Yeiverton
utility easement along with the 'construction process and how each relate to
City secretary: your property. If you do not have any questions, please sign and date the two
Sandra L. LeGrand copies in the presence of a notary and return one of the copies via mail or drop
off in person at the address shown on my enclosed business card. The other
copy is for your records.
The City will not advertise for bids to construct the sanitary sewer until all the
required easements are obtained. Therefore, your prompt response will be
appreciated. I can be reached by telephone at (817) 481 -5581 extension 846.
Sincerely,
Shawn Poe, P.E.
Capital Projects Coordinator
Attachments
cc: Bob Whitehead, P.E.
Director of Public Works
11A -6
1950 East Continental . Southfake_ Texas 76092
Cit y of Southlake
Duthl
May 27, 1999
Mayor.
Rick Stacy
Cross Timbers Resident
Mayor Pro Tem: Southlake, TX 76092
W. Ralph Evans
Deputy Mayor ProTem: RE: Sanitary Sewer to serve Cross Timber Hills Subdivision
Scott F. Martin Required Easements
Counalmembers:
Wayne Moffat Dear Resident:
Ronnie Kendall
Debra Edmondson
Gary Fawks As you know, the City is in the process of obtaining the necessary utility
easements in order to install the sanitary sewer that will serve the Cross
City Manager. Timber Hills Subdivision. The City has mailed two copies of the utility
E. Hawk y d p y
easement document that is required on your property in order to install the
Assistant city Manager: aforementioned sanitary sewer. According to our records, the City has not
, na K. Yelverton
received your executed easement document.
.y Secretary:
Sandra L. LeGrand The installation of the sanitary sewer to serve the Cross Timber Hills
subdivision is a priority to the City because it will be beneficial to the
residents of Cross Timber Hills. In consideration for the utility easement, the
City will waive the $1300 participation fee. The $1300 participation fee is
required to be paid by the homeowners to the City prior to connecting to the
sanitary sewer. Prior to returning the signed easement document to the City,
write on the front of the signature pages the following: "In consideration for
the said easement, the City will waive the $1300 participation fee." By doing
so, the waiver of the $1300 participation fee will become a binding agreement
between the City and the utility easement grantor.
The City Council will discuss the easement acquisition as an item at the June
1. 1999 City Council meeting and is seeking your input. The Council will
discuss the options that are available to expedite the easement acquisition
process in order to complete the sanitary sewer project. One option is not
constructing the sanitary sewer within the entire subdivision or in portions of
the subdivision where the easements have not been granted. Another option
that is least desirable is to begin the condemnation process.
I would encourage you to call or meet with me at your earliest convenience to
discuss the utility easement along with the construction process and how each
11A -7
1950 East Continental • Southlake, Texas 76092
/0 .4 V' 404 rrnA r A%/ 104 -s. . ..-
May 27, 1999
Page 2
relate to your property. If you do not have any questions, please sign and date the two copies
of the easement document in the presence of a notary (notaries are available for your
convenience at all City offices) and return one of the copies via mail or drop off in person at
1721 E. Southiake Blvd. The other copy is for your records. The City will not advertise for
bids to construct the sanitary sewer until all the required easements are obtained. Therefore,
your prompt response will be appreciated. I can be reached by telephone at (817) 481 -5581
extension 846.
Sincerely,
Shawn Poe, P.E.
Capital Projects Engineer
cc: Ron Harper, P.E., Director of Engineering Services
Charlie Thomas, P.E., Deputy Director of Engineering Services /City Engineer
11A -8
Gary E. Pennington
1825 Sleepy Hollow
Southlake, TX. 76092
April 11, 1999
Shawn Poe. P.E.
Capital Projects Coordinator
City Of Southlake
1950 East Continental
Southlake, TX 76092
Subject: Sanitary Sewer Easement on Block 1 Lot 8. Cedar oaks Estates, Southlake, Texas.
Dear Mr. Poe: _
I received your letter of Mar. 4 requesting my approval of the subject sewer easement. _
I have reviewed the survey showing placement of the sewer line, two manhole covers, 4' S.S. service
connection, 4 bores totaling 163', and a 10' ccr creee encasement under creek bed. I have also
reviewed the EXHIBIT "A" survey showing the 15' permanent utility easement and the 35' temporary
construction easement, EXHIBIT "B ", which appears to be a verbal description of the permanent
easement, and the associated contract
In consideration of the impact to my property and the disruption of my privacy, I would like to
respectfully request the following changes and additions to the subject easement and associated
documents:
1. The City of Southlake is to waive the connection (or tap) fee, allowing me to connect my house to
the sewer at no cost (I understand that I must provide for the line from my house to the service
tap, and that I must pay the usual monthly sewer fee once I am This waiver is permanent (no time limits) and is to be transferable to the new ow ? iould I sell my house
be
before I connect to the sewer.
2. A permanent marker (1/2' iron rod) shall be located at the P.O.B. as shown on EXHIBIT "A" .
3. The City shaft abandon the existing 50` public utility, drainage, and access easement located
along the north boundary of my property (adjacent to lot 7). This may be replaced by a 10' utility
and drainage easement.
4. The 25' building. litre.
adjacent to the. above. (item 3.) easement shall be. eliminated The. 25'
building line around the Sleepy Hollow cul -de -sac may be continued around the circle so as to
intersect with the north property line.
5. I shall not be prohibited from constructing a fence on or across the subject easement after
construction of the sewer is completed.
6. Construction of the sewer shall be completed in a timely manner with minimum disruption to the
environment. Care should be taken to avoid unnecessary damage to trees or the creek bed.
After the construction is completed, the area is to be restored to a reasonably pristine condition.
All debris (trees, brush, etc.) is to be hauled off or ground up (no buming).
7. The temporary construction easement shall have a reasonable expiration date and said date
shall be clearly stated in any contrails I am required to sign.
11A -9
8. I shall be furnished with an official survey showing changes to my property as outlined in items
(2.) through (4.) (above).
1 would be happy to meet with you at a convenient time to discuss these matters. My home phone
number is (817) 488-6633; my work phone is (817) 280 -4347.
Sincerely,
Gary E. ennington
• Page 2
11A -10
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7.635 724 -6
13 C5 OAK 0.3 ` 31 36 1,0571 0.' 106
31 73.35 C.6 0.35, 998E C.1 1 100
14 8$POSTOAK 0.8
1 5 g!F r Oti 03 ° . �' J J.3�a ? 838; 0.1 135
1 6 9.6- 0. 3:3 5 631 2
l 0' POST O i � 3 0.1 1 5
17 1 ;POST OA 0.3 i 40.25 j 0.55 0.35 5521 0.1 , 55
18 ELACK JACK OAK . 2 l . 1 1
0.J - D i 96.=81, 35 35
19 EL CK JACK OAK . 2 2 X51 0.1 1 155
20 3-i 161.37 _ 0.40 1,128 ' r 1
21 I,5 I " 3,360
■
22 f
23 A, Si E 1- _-
24 ;
25 TREE x TYPE '
CIRCUM- PIE DIAMETER DIAMETER CROSS CROSS
26 -- � SLR4'EY
FERENCE FACTOR i$C4JA3ED SECTION SECTION ' ...._ DIAMETER ..
1
FACTOR (SQ.INCHES)
28 11041 1 35.5 3.143 1 1.29 1 27.58 0.7854 100.20 1 11
-'� 2IBLACK JACK 0AK €
27.5 3.143 8. ?5 70.50_ 0.7 00.13
14
30 318LACK JACK: OAK !. 4o 3.1 1 7 07 15 °.24 1 8
31 4lPOS Ak
O'
32 32 3 , .143 ? 0.18 -- L03.66 0.7854 91 4 1 1 10
5 (FOOST 0r'- ' 3.143
33 . ST O ;. 1 0.,7354 45.90/ 7
,_'3- 3.1 43 " _ t•_. 3 3 35. U.7954 65.86 f 10
34 7 PJST 0:K 1 31.5 3.!43 10.021 ':C0 35 0.7854 79.89 I 10
35 3 <POST OAK i 35 3.143 1 1.14 1 24.01 0.7354 97.40 ! 10
?IPC/STOAK 25 3.143 7.95 63.27 0.7854 49.69
10!POST i 2� 7
1.....__._._ ..__.._..- ......_ ._...__...., G S 3.143 7. t 6 5 i.25 0.7854 40.25
1 1 P05T OAK _.._ . � 491 3.1431 1559 243.051 0.7854• 190.89
39 ' 1_ :BLACK JACK OAK j 33 3.143 10.50 1 10.24 0.7854 86.58 1E
' �- POOL FENCE
40 l 3 ;BLACK JACK OAK 1 45 3.143 14.32 201.99 0.7354 161.00 12
41
42
43
44 3., C0NCITCrd
q5 I .c .r _� ____
- 7ROW-7.- pE ,p,'• _ FE
46 T L v rDl n'
47 5; t C1 CAE PET iCr" FACT R i
4a 5 6; 5 - 74. 0.901
21ELACK JACK OAK ; 5 G 5 - - 2i E 0.751
49 31BLACK JACK OAK ; 5 2 5
_ "... -- J -'< -' 3 21 0.75
SO
51 51 POST OAK t 5 2 5 3 22 ... -..__ 0.80_ _._.. ...._ -.
52 3 21 0.75E
6 1POSTOAK ( 5 2 5 3 3 3 21 0.751
53 7'POST OAK [ _... 1 3� 3 3
8 POST OAK 1 - - --- -• _- 3 �.4 _ _._ _....._.
4 31 5 . �
S 3 24 0.90
55 91P0ST OAK 5 i 3 3 3 ._
19 0.65
56 l0EPCSTOAK 1 5 2 3 - 19! 0.651
57 i1'POST04' 5 2
58 2 °LACK.JACI O.Y 5 5 3 3 2l€ 0./5!
a - -- _ 3 5 3 23 O.SSf
59 13+BLACK JACK OAK +• 5 2 3 31 5 _ 21
0.751
1Zo0 N1lsc. u,A j
11A -11
=. ; '9 8:53 AM V 1
-April 5. 1999
Mr. Shawn Poe
Capital Projects Coordinator
City of Southlake
Subject: Easement Grant Compensation
RE: Utility Easement Grant; Exhibit "_A" -_
Dear \1r. Poe. -
In reviewing the documents you left us regarding the utility easement in the Cross Timber
Hills subdivision, it appears that the easement will cross approximately 300 feet of our
property. ys you have seen, it will also place several large trees at risk. On our next door
neighbors' property at 1364 Woodbrook (lot 24 on exhibit "A it appears the easement
will cross less than 10 feet and place no trees whatsoever at risk.
Our neighbors are receiving as compensation for their easement the waiver of the S1.300
participation fee. We feel that in view of the ereat disparity between the length of the
easements and risk to trees, we should be entitled to some increased compensation. We
feel we should receive the waiver of the participation fee plus a payment of S1 200 for a
total of S2.500.
Shawn. we don't know if yours is the office we should send this proposal to or not. If not,
will ycu please forward this letter or give us the name and address of the correct point of
contact.
Sincerely.
Thomas R & Mary Adrian
Thom R & Mary Adrian
1362 \Voodbrcok Ln.
Southlake. TX 76092
Phone Fax (not full time) 817 -424- 3834
11A -12