1999-09-21REGULAR CITY COUNCIL MEETING
667 NORTH CARROLL AVENUE
SOUTHLAKE, TEXAS
SEPTEMBER 21, 1999
MINUTES
COUNCILMEMBERS PRESENT: Mayor Rick Stacy; Deputy Mayor Pro Tem Rome
Kendall. Members: Patsy DuPre, Debra Edmondson, Rex Potter, and Wayne Moffat.
COUNCILMEMBER ABSENT: Mayor Pro Tem Gary Fawks.
CITY STAFF PRESENT: City Manager Billy Campbell; Assistant City Manager Shana
Yelverton; Assistant to the City Manager Shelli Siemer; Director of Human Resources
Lauren Safranek; Director of Economic Development Greg Last; Director of Finance
Sharen Elam; Director of Public Works Ron Harper; Director of Community Services
Kevin Hugman; Director of Public Safety Garland Wilson; Interim Director of Planning
and Zoning Administrator Karen Gandy. Staff members: Senior Civil Engineer Shawn
Poe; Public Information Officer James Kunkc; Landscape Administrator Keith Martin;
Deputy Director of Fire Services Ricky Black; Public Works Manager Michael Patterson;
Administrative Operations Coordinator Malcolm Jackson; Deputy Director of
Community Services Steve Polasek; Senior Planner Chris Carpenter; City Attorney
Debra Drayovitch; 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 the agenda. The work session was
video taped and recorded for future reference. The following items were discussed
during the work session:
Agenda Item #5-B, Professional Services Agreement with Brinkley Sargent, architects
for the design and construction drawings for the proposed Teen Center.
Councilmembers suggested this item be removed from consent agenda so that more
information may come forward.
Agenda Item #5-1, Agreement for Community Services with Women's Haven of
Tarrant County. This item was removed from the agenda at the request of staff.
Agenda Items #10-A, and glO-B, were withdrawn.
Agenda Item #10-B, Interlocal Agreement with City of Grapevine regarding the
reconstruction of North Kimball Avenue. Councilmember Rome Kendall asked for
more information about this issue. Director of Public Works Ron Harper stated, "The
whole purpose of the interlocal agreement is to give Southlake a roll in the design of
that roadway. Since we wrote the memo, the City of Grapevine has asked that we
remove this item so that their attorneys can review it. Also, they are reevaluating the
Regular City Council Meeting of September 21, 1999 Page 1 of 24
project I think because of concerns they have had from both Southlake and Grapevine
residents."
Phyllis Lambert, 2800 North Kimball Avenue, Southlake. Mrs. Lambert stated, "I live
on Kimball Road on the Southlake side and we have been involved in preliminary public
meetings with Grapevine with this issue. The preliminary plans that we have seen and as
Ron Harper stated, have probably been cast aside at this point, and show great destruction
of trees on our property and our neighbor's property. We believe that Grapevine has not
done a specific survey to survey the exact location of trees, so any plans they were to
show at this time do not show the destruction of trees. We are proposing several ideas to
reduce the plan and prevent the distruction of trees." Ms. Lambert presented information
in the form ora report that is hereby attached to the minutes of this meeting.
Dave Meers, Kimball Avenue resident. Mr. Meers stated he has lived here since 1984.
He stated, "We have always understood that the City's dividing line on Kimball Avenue
is the center of the road, at the north point. However, they claim that the entire right-of-
way is within the City of Grapevine. They have maintained the mad for all these many
years. They had several public meetings and had several plans, all of which increased the
width of the turn considerably." The effect upon his property and trees is what he is most
concerned about. Mr. Meers also presented information, which is hereby attached to the
minutes of this meeting.
Councilmember Debra Edmondson asked the City Council to table this item and work
further on the issues. Director of Public Works Ron Harper stated he will bring this item
back on the agenda when the issues are worked out.
Agenda Item #10-C, Sign Variance for Kirby's Steak House, 3305 East SH 114.
Administrative Operations Coordinator Mareolm Jackson explained to Council the
reasons for the variance to the sign ordinance requested by Kirby's Steak House.
Councilmember Rex Potter asked if this is going to be the case up and down SH 114,
and if so, shouldn't staff look at the sign ordinance regarding these types of issues?
Councilmembers agreed to move this item to the consent agenda.
Agenda Item #10-D, Approval of Change Order No, 1 to the contract with Reynolds
Asphalt & Construction Company for the reconstruction of West Continental
Boulevard from Davis Boulevard to South Peytonville Avenue. Councilmember Patsy
DuPre asked staff if they had been communicating with the Carroll ISD regarding this
project? Senior Civil Engineer Shawn Poe stated Billy Jon Curb, a resident in that
location, would like the storm drain to extend further north to the entrance of
Chimney Hill which would be an additional cost of approximately $15,000. It was
determined that this item would be added to the consent agenda.
Sign variance appeal for Timarron Warwick Green subdivision located at the
southwest corner of Continental and Brumlow Avenue. Administrative Operations
Coordinator Malcolm Jackson explained the reason for this request was to make the
signs in this section of Timarron consistent with all the other signs in the addition.
Regular City Council Meeting of September 21, 1999 Page 2 of 24
He informed the Council that due to the recent changes in the sign ordinance, the
existing signs no longer met the ordinance. Council agreed to move this item to the
consent agenda.
Agenda Items #10-F and #10-G, extending the validity of Case No. ZA 96-153 and
Case No. ZA 97-10, final plats for Southlake Woods, Phase I and II. Manager of Toll
Brothers Tom Murray addressed the Council stating if Council will extend the plats
he is prepared to file the plat one week from today. He presented a letter that
confirms the agreements that were made during the approval process, When Mayor
Stacy asked the Zoning Administrator Karen Gandy if she had reviewed the letter, she
replied that she had written the letter for his signature. Mrs. Gandy stated she had
spent a lot of time going back through the memorandums and through the minutes
and listening to the tapes of the meetings where this item was discussed earlier, and
she stated it was a fair representation of what was approved. It was not as definitive
in the landscape easement as far as the type of plantings as the City would like for it
to be. She stated she tried to take the comments and put together what she felt was
the final outcome of the agreement between the applicant and the City Council.
Councilmember Debra Edmondson stated, "I guess my problems with all of this is that I
expressed several concerns at the last meeting and there was no contact or no attempt
made by Mr. Murray to talk to me on a one-to-one [basis] concerning the issues
expressed. I have a problem with the letter and I specifically asked that we get a
commitment in writing from them. I have a problem with a staff member that our
taxpayers pay, using her staff time to write your letter. That is number one and number
two is the fact that if our staff person had to write the letter, that shows they had no
intention of doing a letter. I don't like having a map shoved at me at 6:20 p.m. the day of
the Council meeting and then ask me to hurry up and decide if this is okay. I will
hopefully have some time to read through this before your agenda item comes up."
Mr. Murry apologized to Ms. Edmondson for not meeting with her, stating, he did meet
with Mr. Baker as requested, and also with Mayor Stacy and the City Manager Billy
Campbell. Councilmember Kendall stated there is an issue of credibility that has to do
with code violations on the site, and not just what is shown on the map. There are bigger
issues.
Mayor Stacy stated he felt the letter was for the purpose of showing all of Council what
had previously been agreed to. Different property owners wanted different things and it
was all agreed to then. He felt Ms. Gandy was trying to get it all laid out. Kendall stated
they have a history here and she was not comfortable with it. There were other issues
that will affect the way she feels about extending this plat.
Mayor Stacy stated the only advantage to the City in getting the plat filed, was to get the
right-of-way on Continental Boulevard.
Brandon Baker, South Peytonville Avenue, Southlake. Mr. Baker asked that this motion
be tabled until they get all the promises and intentions submitted to all the property
Regular City Council Meeting of September 21, 1999 Page 3 of 24
owners and to the city in writing. He stated he is specifically referring to the 25'
landscape easement around the property and a 4' wrought iron fence surrounding the
larger tracts and continuing down South Peytonville Avenue and all along Continental
Boulevard.
The work session ended at 6:35 p.m.
REGULAR CITY COUNCIL MEETING
Agenda Item #1, Call to Order.
Mayor Rick Stacy called the Regular City Council meeting to order at 6:35 p.m. The
City Council meeting was video taped and tape recorded for future reference and hereby
made a part of the record.
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, 551.076 to seek
consultation with the City Attorney regarding pending and contemplated litigations, to
deliberate the purchase, exchange, lease or sale of real property, negotiation of a
contract for a prospective gift or donation to the City, to deliberate the appointments, 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 implementation of security personnel or devices.
Councilmembers adjourned into executive session at 6:37 p.m.
Councilmember returned to open session at 7:30 p.m.
Agenda Item #2-B, Action Necessary/Executive Session
No action was taken as the result of the executive session.
Agenda Item #3, Invocation
Dave Boxerman, pastor of Lakeside Baptist Church in Southlake, gave the invocation.
Pastor Boxerman made a community announcement stating Mr. David Barton will be
giving a series of two talks this Sunday and Monday night at the Johnson Elementary
School at 7:00 p.m. Mr. Barton will speak on numerous issues facing America today,
including the increase in crime, the break up of the family and concerns about our
educational system. Several churches are sponsoring this event, not just Lakeside
Presbyterian Church.
Regular City Council Meeting of September 21, 1999 Page 4 of 24
Agenda Item #4-A, Mayor's Report
Mayor Rick Stacy made several announcements about upcoming meetings.
Councilmember Edmondson reported that the Drug and Alcohol Awareness Comrnittee
met and next month on October 18, they are going to hold their first community-wide
drag and alcohol forum and everyone is invited to attend. There will be activities for 5th
graders on up. There will be four different speakers. Ms. Edmondson encouraged
everyone with school-aged children to attend the forum. This forum is not the last event;
the public will be hearing from this committee as they have several things planned for the
public regarding under-aged drinking and drag abuse.
Cotmcilmember Patsy DuPre stated she attended a couple of things since the last Council
meeting. She attended the Southlake Leadership Program and enjoyed meeting those
folks.
Mayor Stacy announced that Mike Cramer with the Dallas Stars made arrangements for
the "Stanley Cup" to be on display Saturday afternoon at Town Square. From 4:30 to
6:00 p.m., the public can view the cup and take pictures of it and get close enough to
touch it. It is a rare opportunity and the City is fortunate to have Mr. Cramer as a
resident of Southlake.
Councilmember Debra Edmondson stated, "It is with great sadness that I make this
announcement. Cynda Mast, chairwomen of our Library Board, last week submitted her
resignation from the Library Board due to a serious illness. Many of you out there may
not know Cynda. I had the pleasure of getting to know Cynda during my campaign, and
she is a wonderful person. She was on the original Library Committee. When that
committee disbanded, which was about three years ago, the issue of a library seemed to
disappear. I believe that Cynda, more than anyone else in this committee, kept a dream
of a library for Southlake alive. I just want to wish her well. We should all keep her in
our prayers for what I hope to be a quick recovery. Thank you Cynda for everything you
have done for our commtmity."
Agenda Item g4-B, City Manager's Report
City Manager Billy Campbell asked Director of Public Works Ron Harper to give a brief
report on the Traffic Bond Management Program. Harper stated recently the City
Council approved a contract with HNTB to do the design and consulting work for the
Traffic Management Bond Program. Staff had a kick-off meeting with them on
September 16, to establish priorities and procedures of getting the work done and to set
up (Councilmember Kendall made the recommendation) a committee to guide and be a
steering committee. Harper said they discussed technical issues at the meeting and we
will continue to meet with them on a regular basis. Mr. Harper said, "We are asking
Council, as we have done in the past, to identify some of the more global issues. The
meetings that we have had todate have been very technical in nature and just basically
establishing procedures. They are extremely committed to the public participation
portion of this project because that is the thing that will make it work." Mr. Harper asked
Regular City Council Meeting of September 21, 1999 Page 5 of 24
Council to make recommendations as to who will sit on this steering committee by the
next Council meeting, so that they can be included in any and all discussions in the
future.
Councilmember Kendall commented, "We do have three SPIN members that are on the
committee and I would like to open it up to the public in general, if anyone is interested
in being on this Committee, it will serve to direct HNTB as they oversee our
implementation of the intersection improvements. It is something that we like to do. We
also did this on our portal entry project. We opened it up to the community to get their
imput and that was very successful. If anyone is interested please contact Sandy
LeGrand, City Secretary, at the City number 481-5581 ext. 704." Mr. Harper added, "We
do encourage public participation, and the more people that are participating, the less
work that anybody has to do as we subdivide the work into certa'm areas. We have a lot
of things to do here. We are trying to accelerate the time line from five years to two and
one-half years completion."
Agenda Item g4-C, SPIN Report
Cara White, SPIN #1 representative, gave the SPIN report. Ms. White stated it was
peaceful in her area. She stated they did have the developer that talked at the Planning
and Zoning Commission meeting last week, at a SPIN meeting. The equestrians did get a
grant for trails from the Texas Parks and Wildlife, and the Parks Board also approved
matching funds for that. Now they want to go forward to the Southlake Park
Development Corporation (SPDC). There will be a citywide SPIN meeting on November
9, in regards to State Highway 114 construction. On October 13, at 6:30 p.m., SPIN #7,
will meet with the CISD to discuss some school facilities that are being planned for their
area.
Agenda Item 04-D, Parks and Recreation Board Report
Dick Anderson, Vice Chairman of the Parks and Recreation Board, reported they
discussed the issue of the tennis courts at Bicentennial Park during their last meeting. A
couple of citizens came to the Park Board meeting asking that the usage of the courts be
clarified. Once again, the Court on the hill by the water tower will be open on a "first
come, first serve" basis. There will be no fees, no reservations and a time limitation of 90
minutes on those courts. If people want lessons on those courts, they are free to do so,
but those courts cannot be reserved. Mr. Anderson said, "You cannot advertise those
courts for usage for lessons. They are strictly open courts for use by anybody who wants
to use them." Mr. Anderson made recommendations for members to the Youth Park
Board. There will be a Joint SPDC and Park Board meeting on Monday night, in the City
Council chambers.
Agenda Item #5~ Consent Agenda
Mayor Rick Stacy informed citizens of the procedure Council follows in voting on the
"Consent Agenda" and asked if anyone had comments or opposition to express regarding
Regular City Council Meeting of September 21, 1999 Page 6 of 24
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 September 7,
1999.
5-B. Taken off the consent agenda.
5-C. Resolution No. 99-71, Appointments to the Drag and Alcohol Awareness
Committee to fill unexpired terms.
5-D. Authorize the Mayor to enter into an inteflocal agreement with the City of
Southlake, City of Colleyville, City of Grapevine, Town of Trophy Club, GCISD
and CISD, for Metroport Teen Court.
5-E. Resolution No. 99-68A, Appointing three members to the Crime Control and
Prevention District Board.
5-F. Award of bid to Wright Construction Company for the construction of the N-5
sanitary sewer line along SH 114 from Gateway Plaza to Shady Lane and various
sanitary sewer and water line relocations near the SH 114/Kimball intersection.
5-G. Resolution No. 99-72, Appointing Tim Miller to the SPIN Standing Committee as
the representative for SPIN #6.
5-H. Award of bid for masonry for Town Hall.
5-1. Agreement for Community Services with the Women's Haven of Tarrant County.
5-J. Interlocal agreement with City of Colleyville for GIS services.
5-K. Approval of Change Order No. 1 with Berkey's Plumbing for the installation of
gas meters along Sutton Place.
7-A. ZA 99-030, Site Plan for Children's Courtyard, on property legally described as
Lot 2R, Block 60, Timarron Addition, Phase 5.
10-C. Sign variance appeal for Kirby's Steak House 3305 East SH 114.
10-D. Approval of Change Order No. 1 to the contract with Reynolds Asphalt &
Construction Company for the reconstruction of West Continental Boulevard
from Davis Boulevard to South Peytonville Avenue.
10-E. Sign variance appeal for Timarron Warwick Green subdivision located at the
southwest comer of Continental and Bmmlow.
Regular City Council Meeting of September 21, 1999 Page 7 of 24
Motion was made to approve the consent agenda as follows: #5-A, #5-C appointing
Sherry Brunson, Rob Glover, and Jo Ponder to the Drug and Alcohol Awareness
Committee; #5-D, #5-E, appointing Lou Ann Heath, Peter Gaal, and Frank Pittman to the
Crime Control and Prevention Board; #5-F, #5-G, #5-H, #5-J; #5-K; Tabling agenda item
#7-A, to continue the public hearing on October 5, 1999; gl0-C, noting that the variance
is on the size only; gl0-D, extending the drainage ditch and adding the amount necessary
to extend it not to exceed the amount of $15,000; and, #10-E.
Motion:
Second:
Ayes:
Nays:
Approved:
Kendall
Potter
Kendall, Potter, Moffat, DuPre, Edmondson, and Stacy
None
6-0 vote
ADDITIONAL INFORMATION REGARDING CONSENT AGENDA ITEMS
5-A. Approval of the Minutes of the Regular City Council meeting held on September
7, 1999. The minutes were approved as presented.
5-B. Removed from the consent agenda.
Resolution No. 99-71, Appointments to the Drug and Alcohol Awareness
Committee tofill unexpired terms. Resolution No. 98-68 creating the Joint Drug
and Alcohol Awareness Committee with the Carroll Independent School District
and the City Council was approved on October 6, 1998 by the City Council. The
City Council officially names the members to the committee through a resolution,
but the organizations represented, appoint the members to the committee. The
CISD appoints two board members and two citizens at-large; the Chamber of
Commerce appoints two members to serve; and the Mayor's Advisory Committee
appoints one member to serve. The City Council appoints two City Council
members and two citizens at-large to serve on the committee. Each of the three
organizations recommend replacing the vacancies with the following: CISD,
Robert Glover; Chamber of Commeme, Sheri Brunson; and Mayor's Advisory
Committee member, Jo Ponder, White Chapel Methodist Church.
lnterlocal Agreement for funding of the Teen Court Program with the cities of
Southlake, Colleyville, Grapevine, Town of Trophy Club, CISD and GCISD.
The agreement outlines the contributions from the entities as follows:
Southlake $18,485
Colleyville $ 9,500
Grapevine $ 8,700
Trophy Club $ 4,250
CISD $ 8,500
GCISD $ 8,500
Regular City Council Meeting of September 21, 1999 Page 8 of 24
5-0.
The Town of Trophy Club's contribution is less than the other entities due to
financial capabilities of the Town; therefore, it was considered appropriate to
discount Trophy Club's contribution this year so the community could continue to
receive the services of Teen Court. In addition, the cities collect a defendant fee
of $20 per Teen Court defendant. Portions of these funds are forwarded to the
City of Southlake in further support of the program. The estimated amount to be
received from all cities for the year is $11,700. The total FY 1999-2000 amount
requested in the City of Southlake annual budget for the Teen Court program is
$76,583. This amount will be supported in part by contributions from the entities
listed above and defendant fees collected from the participating entities.
Resolution No. 99-68-A, Appointing three members to the Crime Control and
Prevention District Board. The Crime Control District is governed by a board of
seven directors who are appointed by the City Council and serve staggered two-
year terms that expire September 1. The three remaining directors whose terms
will expire this year include Kim Clancey, Jerry Farrier, and John Swift. All
directors have indicated that they are interested in serving another term. The City
Secretary's Office has also received additional applications. Those appointed
during the meeting tonight include: Lou Ann Heath, Peter Gaal, and Frank
Pittman.
Award of bid to Wright Construction Company for the construction of the N-5
sanitary sewer line along SH l l 4 from Gateway Plaza to Shady Lane and various
sanitary sewer and water line relocations near the SH l l4/Kimball intersections.
The N-5 sanitary sewer line will serve the eastern portion of the City. This area
includes the Gateway Plaza development that is under construction. The N-5
sewer system includes a lift station that will be installed at the northwest comer of
the Gateway Plaza development along SH 114. This contract will also include
several miscellaneous water and sewer line relocations near Kimball associated
with the SH 114 reconstruction. Prior to reconstructing SH 114, all utilities
within the State right-of-way must be relocated that conflict with the proposed
highway improvements. In the CIP budget, $517,500 was estimated for the
engineering design, surveying and construction costs to construct the N-5 sanitary
sewer line. Additionally, the FY 99-00 budget includes $245,000 to be
appropriated for the relocation of the water and sewer lines in conflict with the
portion of the reconstruction of SH 114 that includes the Kimball intersection. As
a result, the CIP budget provides $762,500 for these projects. The engineering
design and surveying cost is $81,700. The low bid for the construction cost from
Wright Construction is $661,554.64. There were five bids for this project. The
total cost of the project, which includes engineering, design, surveying and
construction is $743,254.54. This is $19,245.46 below the estimated cost.
Resolution No. 99-72, Appointing Tim Miller to the SPIN Standing Committee as
the representative for SPIN i~5. The SPIN Representative position in SPIN #6
became vacant when Steve Csonka moved from Southlake. Resolution No. 99-
72, appointed Tim Miller to serve in that position.
Regular City Council Meeting of September 21, 1999 Page 9 of 24
IO-C.
Award of bid for masonry for Town Hall. On August 16, 1999 the City Council
approved the brick color and type to be used on Town Hall and authorized staff to
advertise for bids for these materials. Council approved a brick manufactured by
Sioux City. The State procurement regulations allow the City to solicit bids based
on a specific item as long as they included the provision "or approved equal." The
total bid price for the Sioux City brick is $126,025 and $99,236 for the Acme
brick. The construction manager's estimate for this work was $114,250. The
General Brick bid for the Sioux City brick was $126,025 or $11,775 over the
estimate. There have been cost savings on the previously approved contracts.
The TIF bonds to be issued in the future will cover these funds but funds exist
within CIP funds.
Interlocal Agreement with the City of Colleyville for GIS Services. The City of
Colleyville has requested GIS services on a limited basis and has proposed
sharing a full-time staff member with Southlake. A GIS Analyst will build the
Colleyville GIS database two days a week over a two-year period. The GIS
Analyst, a full-time Southlake employee, will spend three days per week on
Southlake assignments and will work out of the administrative building in
Southlake. The annual cost of the GIS Analyst (regular earnings and benefits)
totals approximately $44,800. Under the terms of the interlocal agreement,
Colleyville would receive about 40% of the employee's time during the regular
business week. The City of Colleyville agrees to pay $22,000 annually for their
portion of the staffmember's time. The City of Colleyville also agrees to pay any
overtime costs associated with the Colleyville project at a rate of time and one-
half hourly wage of the GIS Analyst for any time exceeding 16 hours per week.
This time, if any, will be invoiced bi-weekly to the City of Colleyville. The City
of Collevyille also agrees to pay the cost for supplies (not to exceed $4,000 per
year) to the City of Southlake.
Approval of Change Order No. 1 with Berkey's Plumbing for the installation of
gas meters along Sutton Place. Approval of Change Order No. 1 with Berkey's
Plumbing for the installation of gas meters along Sutton Place for the amount of
$22,427.
ZA 99-030, Site Plan for Children's Courtyard, on property legally described as
Lot 2R, Block 60, Tirnarron Addition Phase 5, an addition to the City of
Southlake. The property is approximately 2.687 acres. Current zoning is "R-
PUD" Residential Planned Unit Development District, Being P.U.D. No. 1,
Timarron and permitting "C-2" Local Retail Commercial District uses. Owner:
Realtex Ventures, Inc. Applicant: David Fisher Architects. This item was tabled
to October 5, 1999, continuing the public heating at that time.
Sign variance for Kirby's Steak House, 3305 East SH 114. Kirby's Steak House
is under construction at 3305 East SH 114. Section 160A of the sign ordinance
limits the letter height of attached signs to various heights corresponding to the
Regular City Council Meeting of September 21, 1999 Page 10 of 24
distance from the property line along the appropriate street frontage. It was noted
in the motion the approval was for the size of the letters only.
10-D.
Approval of Change Order No. 1 to the contract with Reynolds Asphalt &
Construction Company for the reconstruction of West Continental Boulevard
from Davis Boulevard to South Peytonville Avenue, Approval was given for
Change Order No. 1 extending the drainage ditch and adding the amount
necessary to extend it not to exceed the amount of $15,000. For additional
information regarding the reconstruction of this roadway, a copy of the
memorandum from Senior Civil Engineer Shawn Poe dated September 24, 1999,
is hereby attached to the minutes of the meeting.
IO-E.
Sign variance appeal for Timarron Warwick Green subdivision located at the
southwest corner of Continental Boulevard and Brumlow Avenue. Approval was
given to this request for appeal in order for the signs in this area of Timarron to be
consistent with those signs in the entire Timarron subdivision. All of the previous
subdivision entry signs were constructed according to the previous sign
ordinance. These new signs meet the code requirements for monument signs
except for the provision that the masonry entirely surround the sign.
Agenda Item #5-B, Authorize the Mayor to enter into a professional services
agreement with Brinkley Sargent, architects, for the design and construction
drawings for the proposed Teen Center.
Councilmember Patsy DuPre requested this item be tabled in order for more research to
be completed. Councilmember Kendall agreed. No action was taken on this agenda item.
Agenda Item #6, Public Forum
Ms. Diane Bland, 605 Brewer Lane, Southlake. Mrs. Bland stated she owns lots in the
Brewer Addition, Lots 2 and 3, and expressed her concerns with the proposed dra'mage
ditch, The ditch will be about thirty feet wide and within ten feet of her garage. When
they purchased the property, they were told by everyone in charge at that time, that all the
utilities were going to be underground. In regards to her questions to the City and the
City engineers, she has not been satisfied with their answers. She stated she feels like she
is getting pat answers. One of her questions is, why isn't it underground? The engineers
have told her that it is a cost issue, and therefore, her property values have gone down.
She stated she is just not satisfied with the answers she is getting from the city engineers.
She is afraid that her property is going to flood, What she was told is the problems with
her property are the result of what has been done in Sutton Place. She is concerned with
the amount of water and the rate of flow. She asked, where is the water going to go? Her
property is right beside the water tower.
Director of Public Works Ron Harper stated her issues are in conjunction with the Sutton
Place drainage study. The lots that Ms. Bland is referring to has a specific drainage
Regular City Council Meeting of September 21, 1999 Page 11 of 24
easement on it that is designed to take into account any future development. Mr. Harper
went on to explain the issue with Ms. Bland.
Agenda Item #7-B, Ordinance No. 754, 2nd reading, Amendment to the City's
Master Thoroughfare Plan.
Senior Planner Chris Carpenter presented Ordinance No. 754, 2nd reading, noting that the
text of the MTP notes that the thoroughfares represented in the plan show only existing
roadway networks, with a notice that the city may need future rights-of-way at various
points between existing roadways where no thoroughfare currently exists on the MTP if
development conditions warrant it. In this case, the city would prefer to address the need
for potential new rights-of-way in undeveloped areas by actually amending the MTP to
show a new thoroughfare. Amending the MTP to show a potential thoroughfare
accomplishes at least two important objectives: 1) it serves as an advanced notice to
property developers that there is a need to accommodate a new thoroughfare in their
plans prior to the development of the property, and 2) it serves as an advanced notice to
surrounding property owners and others of possible changes to circulation patterns in the
subject area. Carpenter stated there are no current financial issues to consider with this
amendment.
PUBLIC HEARING:
Steve Harold, 1210 Cross Timber Drive, $outhlake. Mr. Harold stated he was aware that
Coventry had problems with traffic, and the City needs to be aware that Coventry
residents don't want a four-way intersection. He stated the City needs to find out what
traffic implementations are before doing anything permanent on the plan, and he stated he
is opposed to aligning the road to Woodbrook in Cross Timber Hills.
K.T. Nance, 1349 Cross Timber Drive, $outhlake. Mr. Nance stated safety and traffic
will be a nightmare with three new schools in the area. Mr. Nance said, "Peytonville is a
disaster now because it is so narrow." He is opposed to having the road come into
Woodbrook. He recommends this issue go back to the Planning and Zoning Commission
for some more work.
Kathryn Thomas, 1379 Lakeview Drive, Southlake. Ms. Thomas stated she thinks the
new road being proposed is a bad idea. She stated she feels Dove Road, F.M. 1709 and
Highland are adequate.
James Hoglund, 108 Killdeer Court, Southlake. Mr. Hoglund stated he is a
representative from Myers Meadows. He stated he attended the SPIN meeting on this
issue, and that he is opposed to this proposed roadway.
Edgar Alvarez, 705 Greymoor Place, $outhlake. Mr. Alvarez did not speak but indicated
he is opposed to this item.
Regular City Council Meeting of September 21, 1999 Page 12 of 24
David Baltimore, 1368 Holland Hill, Southlake. Mr. Baltimore stated he is in opposition
to the proposed roadway and the purpose of his speaking is not about the roadway, but
the process that Council is going through tonight. Mr. Baltimore explained, "In regard to
this issue, the Planning and Zoning Commission received a memorandum shortly before
the August 5, 1999 meeting agenda was published, directing them to consider this change
to the Thoroughfare Plan. This was after the Thoroughfare Plan was reviewed in a one
and one-half year process with num~ous public meetings and debates. Subsequent to the
August 5 meeting, and the meeting here tonight -- that is not a lot of time and other than
the memo that accompanies this drawing, there has been no communication indicating
the plan needs to be amended." Mr. Baltimore questioned the need for an amendment to
the Plan at this time. He stated he is not trying to address Coventry Manor's problem.
He stated the people bought their homes that are on the road through Coventry Manor.
He is not trying to dispute that they have a problem with the traffic.
Mayor Rick Stacy stated, "I believe that when the Thoroughfare Plan was last updated,
and you know it is a living document and we do work on it every three to five years,
Council was not aware of a couple of school's location at that time. I believe, sincerely,
that the most dramatic impact on our community is the location of our schools, because
that creates more traffic at a certain time than anything. When you have schools, you
have traffic, and we did not know the schools were going there at that time." Mr.
Baltimore stated the City had only heard that the District had pumhased property in that
location, not that they were going to build a school there. For the school district to build
anything other than another elementary school, they would have to purchase additional
property as they do not have enough property in that location.
Jackie Phillips, 1334 Woodbrook Lane, Southlake. Ms. Phillips stated she was surprised
that the City was going to do something with the Master Thoroughfare Plan, noting, that
when she asked Chris Carpenter if the City had some zoning things that were going to
happen, Carpenter stated he was unaware that anything was going to change. Ms.
Phillips said the residents did not know that the road would have four levels of education
facilities utilizing the roadway, which she said means that about 4,000 students would be
served by that road. Ms. Phillips said, "When you think about 4,000 students, not to
mention people doing other things, they are going to dump off right at Peytonville
Avenue." She asked Mr. Carpenter if a traffic study had been completed on that area of
town, and he replied, it has not. She stated she feels the City is not ready to act on this
item. She asked that it be sent back to the Planning and Zoning Commission.
Ken Trumpfeller, 1793 Kingswood Drive, Southlake. Mr. Tmmpfeller stated he just
heard about the plan to change the Master Thoroughfare Plan, and there are still things he
doesn't know about it. He stated since it was indicated by Mr. Carpenter and by others,
there is a lot of time for this action. He said he believes the citizens need to learn more
about it and look at it further.
Chris Miltonberger, 1401 Exeter Court, Coventry Addition, Southlake. Mr. Miltonberger
stated it is everybody's job to make the traffic work as smooth as possible for
everybody's concern. Mr. Miltonberger commented, "Cars are going to come regardless
Regular City Council Meeting of September 21, 1999 Page 13 of 24
of what we say the traffic is going to be here. The key is how are we going to deal with
it." Mr. Miltonberger said he speaks for the residents of Coventry Manor and stated by
having the road on the Thoroughfare Plan, it lets people know in the future, that if that
land develops, that road needs to be there. It is there specifically for the purpose that the
developers take that into account when they develop that property. By having the road on
the Thoroughfare Plan and it develops, it will be the developer's responsibility to put that
road in at their expense, instead of the city's expense. He stated he supports the Plan to
have the road on the map and to tell people in the future what to expect.
The following persons expressed opposition to the Amendment to the Master
Thoroughfare Plan but did not wish to speak during the meeting:
Rochelle Q Ferguson, 1378 Lakeview Drive, Southake.
Matt Tuggey, 1361 Cross Timber, Southlake.
Jo Purdy, 1345 Meadow Glen, Southlake.
Barbara Atkins, 1345 Forest Lane, Southlake.
Charmaine and Wage Waldon, 1381 Woodbrook Lane, Southlake.
Meda M. Payne, 1337 Ten Bar Trail, Southlake.
Rexann Kark, 1364 Lakeview Drive, Southlake.
John Kark, 1364 Lakeview Drive, Southlake.
The following persons expressed support to the Amendment to the Master
Thoroughfare Plan but did not wish to speak during the meeting:
John Willard, 900 Turnberg Lane, Southlake.
Henry Waller, 1604 Kings Court, Southlake.
Jean Lamberthal, 910 Turnberry Lane, Southlake.
Betty Dilday, 1501 Coventry, Southlake.
Vicky Montgomery, 1506 Coventry Lane, Southlake.
Christian McCombs, 915 Turnberry Lane, Southlake.
Beth Kaczmarek, 902 Turnberry Lane, Southlake.
Gavin Phillips, 911 Turnberry Lane, Southlake.
Diane Bredenberg, 545 W. Highland, Southlake.
Deborah and Clint Dural, 916 Turnberry Lane, Southlake.
Esther Spickler, 926 Turnberry Lane, Southlake.
Sheila Finlay, 908 Turnberry Lane, Southlake.
David and Catherine Singley, 1400 Exeter Court, Southlake.
Lisa and Mike Munac, 923 Turnberry Lane, Southlake.
Mark and Dana Fidler, 912 Turnberry Lane, Southlake.
Kay Walker, 1604 Kings Court, Southlake.
Terri Messing, 1505 Coventry Lane, Southlake.
Denise Stringfellow, 1605 Kings Court, Southlake.
Sandra Edelman, 922 Turnberry Lane, Southlake.
Barbara Cooper, 1503 Coventry Lane, Southlake.
Doris Nolan, 1508 New Castle, Southlake.
Bernard Gojer, 1503 Coventry Lane, Southlake.
Regular City Council Meeting of September 21, 1999 Page 14 of 24
Bryan and Valine Tunink, 1502 Norwich Court, Southlake.
Barry R. Burton, 1511 Norwich Court, Southlake.
Karen M. Burton, 1511 Norwich Court, Southlake.
Mayor Stacy stated he feels strongly that the city needs roads, as moving traffic is
important. Streets are the city's biggest challenge. Stacy said, "The road is not going to
happen real quick anyway, so why don't we all just talk about it and try to come to a
solution that makes sense to everybody."
Councilmember Rex Potter stated he received a number of phone calls fi.om people
stating they want a traffic study and the city does not have a traffic study. He stated he is
willing to get the traffic information to consider. He stated he does not feel that
information will change his mind. He stated he feels the city will have a terrible traffic
problem and that the schools have caused that to occur. Potter stated, "It is unfortunate
we have neighborhoods at each other about this, when the bottom line is we need to all
bear the traffic." He would like to have a traffic study that looks at two points: the road
coming into Coventry, and also the road up north vs. going down south.
Councilmember Ronnie Kendall stated, "I would like to share some history here, and
make some comments. I guess I am mainly talking to the folks in Cross Timber Hills.
This issue started for me August 19, 1998, when a group of ladies from Coventry asked
me to come and meet with them, and I see that most of them are here tonight, and they
explained to me the problems they are having. This started a tedious process where the
City and the staff and the Council has worked with this neighborhood. At the time we
had no policies, and we didn't know what we were going to do but Coventry has been
very patient with the City, and we asked them to allow us time to write a policy. We
wrote a policy, they followed the policy. Based on the policy they determined that they
truly have huge problems. Rex, you talk about traffic counts, we have traffic counts for
Coventry. We are talking 1,000 cars per day. Basically, my point is, this is my file on the
Coventry traffic problems, this is last years." Ms. Kendall stated, "We have done a lot of
research, we have had police officers in uniforms, we have had police officers out of
uniforms, and we have done every kind of count, every kind of study, we looked at every
traffic calming device, based on all of this, I believe the need exists to have that road
through there." Kendall stated, "Let me say, that I would never sacrifice one
neighborhood for another neighborhood, and I don't believe I'm doing that. I used to live
on Woodbrook, up to five years ago, and a lady recently said, that there is more traffic
now, and maybe there is. Your right, Woodbrook is dangerous. You've got the curving
roads, you have speeders, most of them are teenagers in the neighborhood, there wasn't a
lot of traffic. Maybe that has changed and I doit know that because I haven't lived there
in five years. I was involved on the Continental issue. I was out there with you guys, I
packed this place out, when Continental came before Council. I think every
neighborhood has the right to be heard, research gathered, and I think the request is
reasonable, though I agree with Rex, I believe there is a need for that road in there. I
believe it is a very reasonable request that we obtain more data, do a traffic count. I'm
not sure though how we are able to determine what impact this will have on Cross
Timbers. I don't understand the thought process that says that the school traffic is going
Regular City Council Meeting of September 21, 1999 Page 15 of 24
to increase because the school traffic would cut through Cross Timbers, I don't
understand this."
Councilmember Patsy DuPre stated, "We have had a lot of input here tonight, and I feel it
is reasonable to table this for a limited time period and have meetings in the
neighborhoods with members of Council and staff and come back and finalize it."
Councilmember Rex Potter asked how long ago the City did the traffic counts? He
stated, "I do not think it is fair to say we are going to have a committee go out. There
should be enough information now to say we have a traffic problem. This road is the
logical attempt to help spread the burden out." He stated, "We would like the schools to
buy more land to move the school off of Peytonville Avenue because now, it is my
understanding that they would like the school to be on Peytonville. I'm willing to do the
traffic studies, but I don't think it will change things."
Mayor Stacy stated even if this were approved tonight, the reality of it happening in the
next two or three years is not likely. If we are sending the signal that by having it on the
Plan, it will happen in the next twelve months, it is the wrong signal. Councilmember
Potter stated there is the need for a road to be put through there. Mayor Stacy said if we
work together as a community we can solve these problems. We have proven it in the
past and we can do it again. He stated he believes every place we have an opportunity to
have a road in this community, we need to do it. He feels if the residents want to get a
group together to work on this issue, we should do it. Councilmember Potter asked how
long would it take to get traffic counts and a study completed.
Director of Public Works Ron Harper stated it would not take long to get some traffic
counts. In this case we would need about a month.
Councilmember Wayne Moffat stated, "By putting this road on the Thoroughfare Plan, it
will shift the costs from the City to the developer. The Thoroughfare Plan is more like a
concept plan, and I feel if the people understand this it will help them understand."
Councilmember Debra Edmondson stated, "We can talk about what will happen to the
traffic, with regards to who goes to what school. One of the pieces of the puzzle that we
can get from the school, is to see if they have any information about the proposed
attendance zones from those schools. The attendance zones would determine fi.om where
the traffic would come."
Public hearing closed.
Motion was made to table Ordinance No. 754, 2n(I reading, time certain November 2,
1999 City Council meeting, continuing the public hearing at that time.
Motion: DuPre
Second: Kendall
Ayes: DuPre, Kendall, Moffat, Edmondson, Potter, and Stacy
Nays: None
Regular City Council Meeting of September 21, 1999 Page 16 of 24
Approved: 6-0 vote
Mayor Stacy suggested the city put out some information by the second meeting in
October, if Council is going to be ready by the first meeting in November. If Council is
not going to be ready, we need to let the people know.
Council adjourned to recess at 9:10 p.m.
Council returned to open session at 9:30 p.m.
Agenda Item #7-C, Ordinance No. 755, 2no Reading~ Tax Levy Ordinance.
Ordinance No. 755, 2na Reading, was presented by Director of Finance Sharen Elam.
The FY 1999-00 budget as submitted to the City Council proposed a tax rate of $.422 per
$100 of a property's taxable value. Part of the tax rate, $.13242 per $100 pays for the
retirement of debt that is due during the 1999-00 budget year. The remainder of the tax
rate, $.28958 per $100 is used to support the General Fund operations of the City. State
law requires the City to adopt the tax rate in these two components. The September 1
supplemental tax roll from the Tan'ant Appraisal District reflects $2,209,019,622 in
taxable value, a slight increase from the July 23 roll. An increase fi.om the July certified
roll is normal since protested property values are resolved higher than the minimum
projected value.
PUBLIC HEARING: No comments were made during the public hearing.
Motion was made to approve Ordinance No. 755, 2na reading, as presented.
Motion:
Second:
Ayes:
Nays:
Approved:
DuPre
Potter
DuPre, Potter, Kendall, Moffat, Edmondson, and Stacy
None
6-0 vote
Agenda Item #7-D, ZA 99-042, Site Plan for Southlake Boulevard Presbyterian
Church.
ZA 99-042, Site Plan for Southlake Boulevard Presbyterian Church, on property legally
described as Lot 1D5 situated in the A.A. Freeman Survey, Abstract No. 522, and
including a 24' wide Common Access and Utility Easement platted as part of Southridge
Lakes, Phase C-l, an addition to the City of Southlake, Tan'ant County, Texas, according
to the plat recorded in Cabinet A, Slide 657, Plat Records, Tarrant County, Texas, and
being a total of approximately 5.169 acres. Current zoning is "CS" Community Service
District. Applicant: Terry Cunningham Architects. Owner: Grace Presbytery USA.
Senior Planner Chris Carpenter said seventeen (17) notices were sent to property owners
within the 200' notification area and three (3) responses were received fi.om: Thomas M.
Leavitt, 100 San Jacinto Court, Southlake, undecided; Jeff Monaghan, 104 San Jacinto
Regular City Council Meeting of September 21, 1999 Page 17 of 24
Court, Southlake, undecided; and Alan White, 108 San Jacinto Court, Southlake, in
favor.
Terry Cunningham, applicant. Mr. Cunningham stated he is aware that lighting is a
concern and that he found fixtures that would not cause a problem for the residents
surrounding the church. He said a meeting was planned for those residents whose
property backs up to their property. Those residents said they were satisfied with the
lights and therefore did not wish to meet.
PUBLIC HEARING:
The following residents stated they support this case but do not wish to speak
during the City Council meeting.
Matt Tuggey, 1361 Cross Timber, Southlake.
Michael Beaugh, 1641 Overcup Lane, Keller.
Teresa Beaugh, 1641 Overcup Lane, Keller.
Corinne Skeels, 605 Briarridge Road, Southlak.
With reference to the fence at the rear of the property, Mr. Cunningham stated the church
would not have problems maintaining the fence.
Motion was made to approve ZA 99-042, subject to the Site Plan Review Summary No.
3 dated September 3, 1999; accepting the recommendations of the Planning and Zoning
Commission.
Motion: Potter
Second: Moffat
Ayes: Potter, Moffat, DuPre, Kendall, and Stacy
Nays: None
Approved: 5-0 vote
Councilmember Edmondson was out of the room and did not vote.
Agenda Item #7 .E, ZA 99-034, Plat Revision for Lot 3, Block 6, Southridge Lakes,
Phase C-1.
ZA 99-034, Plat Revision for Lot 3, Block 6, Southridge Lakes, Phase C-1 on property
legally described as Tract 1D5 situated in the A.A. Freeman Survey, Abstract No. 522,
and including a 24' wide Common Access and Utility Easement platted as part of
Southridge Lakes, Phase C-i, an addition to the City of Southlake, Tarrant County,
according to the plat recorded in Cabinet A, Slide 657, Plat Records, Tarrant County,
Texas, and being a total of approximately 5.169 acres. Current zoning is "CS"
Community Service District. Applicant: Area Surveying. Owner: Grace Presbytery
USA.
Regular City Council Meeting of September 21, 1999 Page 18 of 24
Senior Planner Chris Carpenter said fourteen (14) notices were sent to property owners
within the 200' notification area and two (2) responses were received fi.om: Thomas M.
Leavitt, 100 San Jacinto Court, Southlake, undecided; and, Alan White, 108 San Jacinto
Court, Southlake, in favor of.
Mr. Cunningham stated the ownership of this property has transferred to the Southlake
Boulevard Presbyterian Church.
Motion was made to approve ZA 99-034, Plat Revision of Southlake Boulevard
Presbyterian Church, subject to the Revised Plat Revision Summary No. 4, dated
September 3, 1999; accepting the recommendation of the Planning and Zoning
Commission.
Motion:
Second:
Ayes:
Nays:
Approved:
Potter
DuPre
Potter, DuPre, Edmondson, Kendall, Moffat, and Stacy
None
6-0 vote
Agenda Item #8-A, ZA 99-076, Preliminary Plat for Lots 1 & 2, Malik Estates
ZA 99-076, Preliminary Plat for Lots 1 & 2 Malik Estates Addition, on property legally
described as being Tracts 1A1A2B and 1A1A2C, situated in the Ben J. Foster Survey,
Abstract No. 519, and being approximately 4.279 acres. Current zoning is "SF-1A'
Single Family Residential District. Owner and Applicants: Parvez and Seema Malik.
Senior Planner Chris Carpenter stated, four (4) notices were sent to property owners
within the 200' notification area with one (1) response from: Seema Malik, Post Office
Box 92903, Southlake, Texas, in favor, "It is justifiable so some development can start in
this area." Mr. Carpenter stated the Planning and Zoning Commission approved (5-2
vote) this action subject to the Plat Review Summary No. 1, dated September 3, 1999,
approving only one lot and acknowledging the applicant's willingness to go to one lot;
acknowledging the applicant's plan which showed the driveway being approximately
350' from Enterprise Place; recommending to ZBA to allow the applicant to realign her
home towards Randol Mill because the realignment was brought about by P&Z's action
to eliminate Lot 2; suggesting for staff to continue to make the effort necessary to make
Enterprise Place a public road; deleting Items #la (private residential access to arterial
streets is prohibited); and #1.b (combining and dedicating a single public right-of-way for
the private concrete driveway and access easement with Gifford Court).
In a letter to the Planning and Zoning Commission dated September 3, 1999, Seema
Malik stated, "We request a variance to item #la. We request direct drive access on Lot
1 only. We request a variance to item #lb. The Gifford Court right-of-way tract existing
to the east are already in existence. We have no problem with dedication of public right-
of-way of Gifford Court and no problem with resolving street construction issues at the
time of Lot 2 development."
Regular City Council Meeting of September 21, 1999 Page 19 of 24
Councilmember Patsy DuPre stated, "If we do go along with the recommendation of the
Planning and Zoning Commission, the only thing I think we need to place back into it is
the homeowners still should be obligated to work with all the other homeowners in that
area to work on the public right-of-way for the road that is currently private or gravel,
and somehow resolve that issue and should not be removed from that obligation."
Seerna Malik, applicant. Ms. Malik states she has been trying to work this out for the
past three years and hopefully it can be worked out and they will be able to build their
house. Ms. Malik stated she does not have a problem, but if she signs a contract she will
have to know the details of the contract. She stated she does not have a problem
chipping-in with the other people who will benefit by the road, by sharing the cost of the
roadway. She stated she has already given one acre of her land, which has gone to the
right-of-way easement on Randol Mill Road.
PUBLIC COMMENT:
MarkManess, 2120 Gifford Court, $outhlake. Mr. Maness stated he opposes approval of
the preliminary plat. Mr. Maness stated, "My understanding is that in order to build a
home on your property, you have to have a "hard surface" road whether it is asphalt or
concrete and it has to extend the complete length of the property that you have. She is
saying that she wants everyone to participate in her section in order for her to get a
building permit, and it really has to go all the way and she would be responsible for the
entire length of her property and I would be responsible for the entire length of my
property." He stated he is not prepared to spend the money at this time but he is willing
to participate.
Joy Clark, Randol Mill Road, $outhlake. Ms. Joy Clark stated her road is 40' all the way
back, and it is about 900' deep. She stated she would take $175,000 for her road.
After discussions, Ms. Malik asked to have this item tabled in order for the adjoining
property owners to sit down with staff and try and work out a solution to this situation,
and bring the item back on the October 5, 1999 City Council agenda.
Councilmember Debra Edmondson asked that at the next meeting, this item be taken out
of order and considered, moving it up to the front of the agenda, especially if Ms. Malik
brings her daughters to the meeting to listen to her mother plead for a building permit, so
that they do not have to sit through the entire meeting agenda.
Motion was made to approve tabling ZA 99-076, at the request of the applicant, time
certain October 5, 1999, in order for the property owners and staff to sit down and try and
work out the details of this issue.
Motion:
Second:
Ayes:
Nays:
Approved:
Moffat
Potter
Moffat, Potter, Kendall, DuPre, Edmondson, and Stacy
None
6-0 vote (to table to October 5, 1999).
Regular City Council Meeting of September 21, 1999 Page 20 of 24
Agenda Item #10-F and #10-G, Request for Extending the Validity of Case No. ZA
96-153, and ZA 97-10.
#10-F
Request for a variance to Subdivision Ordinance No. 483-G, Section 4.01
(I) 2 (Plat Expiration), extending the validity of Case No. ZA 96-153,
Final Plat of Southlake Woods, Phase I, 11.737 acres in the T.S.
Thompson Survey, Abstract No. 1502; and,
#10-G
Request for variance to Subdivision Ordinance No, 483-G, Section 4.01
(I) 2 (Plat Expiration), extending the validity of Case No. ZA 97-10, Final
Plat of Southlake Woods, Phase 2, 46.073 acres in the T.S. Thompson
Survey, Abstract No. 1502.
Tom Murray, applicant from Toll Brothers. Mr. Murray stated the original issue was
whether or not there was a landscape easement surrounding Mr. Brandon Baker and
Airpark Estates. He stated there is a 25' easement that surrounds Mr. Baker and the
Airpark Estates lots. That easement contains a fence and additional plantings at a later
date. On Continental Boulevard, there is what is called a Type B landscaping area, which
is very specific with what landscaping it requires with a wrought iron fence. On the back
of Lots 1-11, it requires an 8' brick wall setting on top of a berm as can be done per the
site grading. Regarding Lots 12-16, that area sits on a 15' landscaping easement that
requires brick piers, and wood fencing in between those piers. As we wrap around the
western portion of Lot 20-25, and around to Lot 35, it has a straight 6' wood fence, that
has architectural style to it (the top of the fence has an arch to it). Behind Albertson's, it
has the 8' masonry wall which is installed. The masonry fence is also behind Mr.
Baker's property and behind two of the Ai~park lots. The letter they are submitting
basically outlines the easements, the requirement of the wall and what type of
landscaping that would be put in. Mr. Murray stated he did not execute the letter in case
there are changes that need to be done. He stated at this point he is asking for a one week
extension to the plats, stating he would be prepared to file the plats within one week. He
stated there were questions as to whether or not there would be any validity to the plats
after today, and he reminded the Council that they have the ultimate authority to stop
permits, to issue building permits, and to hold certificate of occupancies if the developers
are not living up to their agreements.
Mayor Stacy said with the exception of the fence behind Mr. Baker's property being 12'
instead of 25-feet, are there any other exceptions to this letter? The height of the fence is
5' instead of 4'.
Brandon Baker, 610 South Peytonville Avenue, Southlake. Mr. Baker asked that this
issue be talked about until all intentions are in writing. He asked, why is the fence 12' off
his property line when there are no trees? He wants to see the fence put back to the 25'
and feels the solution is to move the fence 12' and build the berm and install the
landscaping.
Regular City Council Meeting of September 21, 1999 Page 21 of 24
Administrative Operations Coordinator Malcolm Jackson stated, "Keep in mind that
when the Landscape Administrator Keith Martin went out to look at the property that he
was not here at the time the original presentation was made by Toll Brothers and had no
knowledge about the 25' placement of the fence. What Mr. Martin relied on was the
comments in the current tree preservation ordinance." Mr. Jackson explained, "When
Keith went to this particular site, there had already been a significant number of trees
removed to have the utility easements placed. It was clear to Keith in his estimation that
it made much sense where the trees had already been removed as opposed to placing it on
the 25' line which would require that additional trees would have to be removed. He
made that call based upon that particular clause in the ordinance. Since that time, Toll
Brothers has gone in and cleared some of the underbrush and some of the smaller trees,
and perhaps you can get a little clearer view than you could have when they had the
clear-cut center section."
Bennett Boggess, 603 Stonebury Drive, Southake. Mr. Bogges stated he was the first
resident in "Stonebury" which is now The Southlake Woods. Mr. Boggess stated, "I
want to come here tonight to supplement the record, regarding houses facing the residents
and trash blowing all around the subdivision. He presented several letters he sent to Toll
Brothers and stated he has never gotten a response from them. He could not get them to
write him back. He stated at one point they had a Toll Brothers Appreciation Day and he
decided to set up a booth. They passed out correspondence and let them know that at
least one resident in the addition was not pleased. He stated he wants to try and get along
with his neighbors and he does not want to be the one creating the problems. Mr.
Boggess stated he has a video tape of what it looks like in his neighborhood if Council
would like to look at it. Mr. Boggess read a letter from a neighborhood across the street
from him to Toll Brothers as an example of the issues they have had with the developer
regarding trees on their lot.
Mr. Murray stated there were twenty homeowners in the addition when he took over in
his position and most of them were mad. We employed proper people and they have
made improvements and in time the City will hear good things about Toll Brothers.
Councilmember Ronnie Kendall asked Ron Harper, "If we do not extend this extension,
tell me what kind of affect it will have to the improvements to Continental Boulevard and
what can we do about it? Ron Harper stated if Council does not at this point and time
extend the plat and allow them to file it, the City will not have the right~of-way along
Continental Boulevard and will not be allowed to do the improvements. The options that
would exist is for Toll Brothers to grant the City the right of entry and allow the City to
do the work within the limits that are shown on the approved preliminary plat and
submitted final plat or they could actually grant the City the right-of-way by separate
instrument. Kendall stated if they choose to do that. Mr. Hmper responded the City
would not be able to make the improvements that have been scheduled for Continental
Boulevard. The City would have to make modifications to the design. If the City cannot
make the improvements, the City will be where it was in May, 1999. The third option is
to condemn the property, which takes time. Mr. Harper stated the developer has
Regular City Council Meeting of September 21, 1999 Page 22 of 24
committed that if he gets the extension that he is requesting, that he will file the plat
within one week, at which point the right-of-way does belong to the City.
Councilmember Debra Edmondson stated, "I think we are sending a message, that once
again, we are going to slap the developer on the hand and say 'oh bad developer' and
then go ahead with it. I agree is not directly associated with the issues we have here, but
everyone in the room knows we are using it as leverage." "I really feel like I am being
placed in a position here that I don't like and feel I would not have to be placed in if some
of the issues had been worked out earlier. I think the best thing I could offer Mr. Murray
at the moment would be to table it, and I would like to sit down with Mr. Murray, and I
would like to have a clear understanding of what they are willing and not willing to do
and have it clear in my mind."
Mayor Stacy stated, "I respect your position, and emotionally, I would like to spank them
if I thought it would do any good. But, I think logically, we are not hurting anyone but
ourselves and I think Mr. Baker understands we need this plat filed. Honestly, if they are
astute, and have Mr. Boggess representing them, all the things we are mad about cannot
be held over their heads." Mayor Stacy stated, "We can be mad, but we cannot hold a
plat over their heads. We spank them in other ways."
Malcolm Jackson stated, "We have stopped the work on this project in the past because
of the tree issues."
Motion was made to table agenda items #10-F and #10-G, to the October 5, 1999 City
Council meeting.
Motion:
Second:
Ayes:
Nays:
Vote:
Edmondson
Moffat
Edmondson, Potter, and Moffat
Kendall, DuPre, and Stacy
3~3 vote (vote fails)
Councilmember Patsy DuPre stated, "I wish I could add to this that in addition to having
one week, they have to meet with whatever Councilmembers want to meet with them and
homeowners, and in writing resolve whatever issues the homeowners have with them,
and commit to bringing that back to Council at the next Council meeting."
Mayor Stacy stated if they do file the plat and do nothing, we would have the right-of-
way we need on Continental Boulevard and a large tract of grass. What do we have to
loose? Even if they had the plat here tonight, sometimes it takes a week to get everyone's
signature on it.
Motion was made to table items #10-F and #10-G for two weeks.
Motion: Moffat
Second: Potter
Ayes: Potter, Moffat, and Stacy
Nays: Kendall, DuPre, and Edmondson
Regular City Council Meeting of September 21, 1999 Page 23 of 24
Vote: 3-3 vote (vote fails).
Motion was made to extend the plat for 10 days on Items #10-F and #10-G.
Motion: Stacy
Motion died for lack of a second.
Mr. Murry stated they will meet with any Councilmembers or homeowners in an effort to
work the issues out.
Agenda Item #11-A, Discussion: Strategic Plan
This item was not discussed during this meeting.
Agenda Item #II-B, Discussion: HB 156 and its affect upon the Open Meetings Act.
This item was not discussed during this meeting.
Agenda Item #12, Adjournment
Mayor Rick Stacy adjourned the Regular City Council meeting at 11:30 p.m.
g¢?l
_= ~- ~ ,r,~x i m =- Mayor Rink Stacy
· %,.***.
Sandra L. LeGrand
City Secretary
Regular City Council Meeting of September 21, 1999 Page 24 of 24
September 13, 1999 A 199
OFFICE OF C"?„ cr.. ,
Southlake City Council
1725 E. Southlake Boulevard
Southlake, Texas 76092
Dear Mayor Stacy and Councilmembers:
It has been a very great pleasure and privilege for me serve on Southlake's Library Board.
I have had the opportunity to work with people who are uniquely bright, dedicated, and
knowledgeable. The members of the board share these traits, but so do the members of
the city staff who have supported the board's efforts. It is critical that such conditions
exist in order for the board to achieve its objectives. Thank you for allowing me the
opportunity to have such an experience.
Recently, I have had some serious problems with my health. As a result of these
problems, I feel compelled to resign from my position on the Library Board. I am sorry
about having to take this step, but I am confident that the remaining members of the
board will carry on our work with the excellence and aplomb that they have exhibited
thus far.
I wish the city well in its continued efforts to provide library service to the citizens of
Southlake. I look forward to enjoying a library of our own.
Sincerely,
.�J
Cynda Mast
J. Bennett and RoseMarie Boggess
603 Stonebury Drive
Southlake, TX 76092
VIA FAX 817 - 416 -0054
September 14, 1998
Toll Brothers, Inc.
1080 S. Peytonville Ave.
Southiake, TX 76092
Dear Toll Brothers:
This letter follows my visit to your model home in South lake Woods and
discussion with your sales agent, Carol Schoenberg, on Saturday, September 12, 1998.
This letter shall serve as my formal protest against the home construction currently in
progress on Lot #27 in the South lake Woods Subdivision in South lake, Texas. By
receipt of this letter, I request you cease construction on said property immediately until
such time as the interested parties can meet and discuss available alternatives to
prevent self help and avoid potential litigation.
I currently reside with my wife, RoseMarie, and our two school age children at
603 Stonebury Drive. We have lived in our current home since Spring 1997. Although •
we did not purchase our home from your group, as the first residents in the subdivision,
we have attempted to be "good neighbors" with Toll Brothers. We have been good
neighbors as construction and the accompanying nuisances associated with home
building have occurred on both sides of our home. We have been good citizens in
uniting with our new neighbors in raising our democratic voices against the construction
of the new proposed high school football stadium with hardly a "peep" of support from
your regional or national office(s). And finally, we have patiently waited as parents from
last May until today for you to repair the road you made impassable thereby eliminating
curbside school bus pick up for our children.
Last week while out of town, my wife frantically called claiming the new house
across the street from us had a 3-car garage directly in front of our front door. As the
house was just then beginning to be framed, I assured her the open space was
probably a picture window rather than a garage as the neighborhood restrictions and
covenants prohibit such placement to another residence.
• -�S �
Toll Brothers, Inc. .
September 14, 1998 .
- Page -2-
This past Saturday moming, I had my first opportunity to fully view the early
construction and placement of the 3-car garage on Lot #27. In short, I am disheartened
as to your insensitivity to the aesthetics of my home, frustrated with your internal
planning processes that directly affect the property and resale value of my house, and
disappointed in the placement of my trust in your group to follow the letter and the spirit
of the neighborhood covenants and restrictions intended to protect our most important
investment - our family home.
In anticipation of our meeting, I would request a blueprint and plat diagram of Lot
#27, as well as, a current copy of the Toll Brothers restrictions and covenants for our
neighborhood. For planning purposes, I am available to meet with you all week
(September 14-20) but will be out of the country the following week. If you are unwilling
to discuss this issue, please state your unwillingness in writing. You may reach me at
the following numbers:
Office 972 - 988 -3188, ext 221
Office fax 972 - 606 -5612
Home 817 - 329 -7409
Home fax 817 - 329 -6219
• Sincerely,
J. Bennett Boggess
JBB /sp
CERTIFIED MAIL Z -166 - 421.381 .
RETURN RECEIPT REQUESTED
•
J. Bennett and RoseMarie Boggess
1
603 Stonebury Drive
Southlake, TX 76092
•
- VIA FAX 817- 416 -0054
September 15, 1998
David Dodson
Southlake Woods - Project Manager
Toll Brothers, Inc.
1080 S. Peytonville Ave.
Southlake, TX 76092
Dear Mr. Dodson:
Thank you for your telephone call to my office this morning. I appreciate your
prompt response and receipt acknowledgment of my "advance fax' protest forwarded to
Toil Brothers, Inc. yesterday. Please find outlined below a summary of our telephone
conversation this morning:
Boggess - Expressed dismay at Toll Brothers position in continuing
construction including second story framing despite verbal
protests of September 12 and 14 followed by written protest
on September 14.
Dodson - . Requested citation of specific Covenants, Conditions and
Restrictions (CCR) believed to be violated. Discussed
question of which CCR applies to Lot #27. (Stonebury •
Subdivision v Toll Brothers). Confirmed Toll Brothers acting
as 'Architectural Control Committee" under CCRs.
Boggess - Requested face -to -face meeting with interested parties to
explore compromise including Boggess, Toll Brothers, and
unnamed buyer of Lot #27.
Dodson - Confirmed house orientation and position was at request of
Lot #27 purchaser but not comfortable in identifying name or
contact numbers of new purchasers.
Boggess - Raised possibility of house reorientation or perhaps rear -
entry garage.
P David Dodson
Southiake Woods - Project Manager
Toil Brothers, Inc.
September 15, 1998
Page -2
Dodson - Dismissed possibility of house reorientation as -
expense/contract commitments prevent delay in
construction. Agreed to discuss with Eric Perkins
(Supervisor) possibility of rear entry garage or other
accommodation.
Boggess - Requested copy of blueprint, plat diagram of surrounding
Tots and copy of Toll Brothers CCR. Boggess gave
permission for delivery of CCR onto Boggess property.
Dodson - WII deliver CCR. Request for blueprint, plat diagram
denied.
Boggess - Requested contact numbers for Toll Brothers Legal
Department. Clarified to Dodson need for harmony and
good faith. Failure to mitigate damages not a demonstration
of good faith in continuing construction. Seeking resolution
and avoid litigation.
David, if this summary is inconsistent with your recollection, please advise. I
await an opportunity to meet with the appropriate parties to resolve our issues. In the
meantime, I again renew my request that you cease construction on Lot #27 and ..
provide the requested information including the name and contact numbers for the
purchaser of Lot #27, blueprints and plat diagrams relating to Lot #27 and adjacent
parcels. I look forward to a written response from Toll Brothers as to our meeting and
our remaining open issues.
Sincerely,
J. Bennett Boggess
JBB /sp
cc: Carol Schoenberg
CERTIFIED MAIL Z- 166 - 421 -383
RETURN RECEIPT REQUESTED
t
J. Bennett and RoseMarie Boggess
603 Stonebury Drive
Southlake TX 76092
September 18, 1998
VIA FAX 817 - 416 -0054
Carol Schoenberg
Southlake Woods
Southlake, TX 76092
Dear Carol:
Just sending a short note to update you on a few items. In my letter of September
14, I mentioned the proposed high school stadium next to our neighborhood. Just to
update you, the bond package that would have removed our neighborhood from the sites
in the running for construction was defeated 56% Against - 43% For.
Likewise, I noted the road construction situation and the resulting elimination of
curbside school bus pick up for our children. I have noticed for the last two days, the bus
is now resuming normal pick up as was the practice before the road construction began
last May. Apparently, the temporary gravel road that Toll Brothers provided is now
satisfactory — at least for school bus service.
Additionally, thank you for your phone message on my home machine the other
night. I appreciate your promise, commitment and follow through on constructing a phone
list for the neighborhood. Obviously, I share your concerns of privacy for each resident and
concur that permission should be granted to prevent potential liability. When I lived in the
Southridge Lakes neighborhood, we even listed the children's names and ages. Perhaps,
if this is a concern, we should limit the list to homeowners' names, addresses and
• published telephone numbers.
In closing, I realize your job is to sell homes, not compile telephone rosters. I enjoy
an excellent support staff at my job and volunteer to undertake the project, including
contacting the neighbors for permission to publish, as well as preparing the actual roster.
You simply need to ask and provide numbers for me to call them.
Sincerely,
7 J. Bennett Boggess,
a
(
J. Bennett and RoseMarie Boggess
603 Stonebury Drive
Southlake, TX 76092
VIA FAX 817- 416 -0054
September 18, 1998
David Dodson
Southlake Woods - Project Manager
Toll Brothers, Inc.
1080 S. Peytonville Ave.
Southlake, TX 76092
Dear Mr. Dodson:
This follows my letter to you of September 15. Thank you for delivery of a copy
of the Toll Bros. Covenants, Conditions, and Restrictions (CCR). While 1 have not fully
reviewed your CCR's, at first blush I would tend to agree that Toll Bros CCR's do not
seem to provide a great deal of guidance and direction for placement and street
orientation of houses in the subdivision for the recent homeowners purchasing property
in Southlake Woods. On the other hand, I firmly believe the CCR's affecting
"Stonebury Subdivision" that are filed with my deed and under law "run with the land" do
provide guidance and direction for placement and orientation of houses that "touch and
concern" my property.
In our telephone conversation last Tuesday moming, you requested citation of
specific CCR's believed to be violated. In my continuing effort to be forthright and to
keep this dispute private and between the affected parties (Toll Bros., purchaser of Lot
#27 and me), please find below excerpts of several provisions I believe have been
violated both as to the letter and spirit of the provisions:
SECTION ONE: RESTRICTIONS ON USE OF PROPERTY
The following restrictions shall be applicable to the use of all of the 33 lots in the
Addition:
A. No dwellings, accessory structure, alterations to existing structures,
fence or landscaping shall be erected or maintained on any Lot
until the plans and specifications of same have been submitted
according to the current Application Procedure and approved by
the Architectural Control Committee prior to commencement of same.
David Dodson
•
Southlake Woods - Project Manager
Toll Brothers, Inc.
September 18, 1998
Page -2-
SECTION 'TWO: RESTRICTIONS ON STRUCTURES
A. All dwellings shall be constructed to front on the street on which the
Lot fronts unless any Lot in question fronts on two streets in which
case the dwelling constructed on such Lot shall front, as the
Architectural Control Committee may approve, on either of the two
streets or partially on both.
E. The garage door of any house or residence within the Addition
must open to the rear or side of the house or as approved by the
Architectural Control Committee. Each dwelling must contain at
least a minimum three car garage. Garages must be connected
directly or by breezeway to the main dwelling unit, and all garage
doors shall be maintained in a closed position when not in use. No
garage shall ever be changed, converted, altered, reconstructed or
otherwise converted for any purpose inconsistent with the garaging
of automobiles. The driveway serving the garage shall be paved.
SECTION EIGHT: ARCHITECTURE AND LANDSCAPE GUIDELINES
FOR THE ARCHITECTURAL CONTROL COMMITTEE
Purpose:
These guidelines are intended to explain the concepts and philosophy
used by the Architectural Control Committee (ACC) in its review of plans
and applications for activities undertaken within this Declaration of
Restrictions, Covenants and Conditions of Stonebury Addition. They are
intended to provide the design philosophy under which the Committee will
function and provide property owners with guidance in submitting
applications to the Committee. The intent is to give direction in order to
achieve the harmonious design with special attention to classical,
historically fine details as is the intent of the Developer.
General Criteria:
The ACC will make its decision based upon these General Criteria and
upon specific Elements Criteria which are represented in the following
sections. The decisions made by the ACC are not based upon personal
opinion or taste. The overriding concern is one of harmony. The following
criteria are presented as guides for the community.
l
David Dodson
South lake Woods - Project Manager
Toll Brothers, Inc.
September 18, 1998
Page -3-
_ Design Compatibility:
The proposed improvement must be compatible with the architectural
character of the applicant's house, adjoining houses, and the
neighborhood setting. Compatibility is defined as similarity in architectural
style, quality of workmanship, similar use of materials, color and
construction details.
Location and Impact on Neighbors:
The proposed alteration should relate favorably to the landscape, the
neighbors' homes and improvements, and the existing structure of the
neighborhood.
The primary concems are access, view, sunlight, ventilation and drainage.
For example, blocking views of breezes, causing an unwanted shadow on
a neighbor's property, or infringing on a neighbor's privacy are to be
avoided.
It is suggested that changes to a property which affect a neighbor's
property be discussed with that neighbor in advance of submitting the
application. In some cases, it may be appropriate to submit the
neighbor's comments along with the application.
Elements Criteria:
The harmony of Stonebury Addition will be enhanced if clean simplicity is
used in design. Non - functional elements or false features are to be
avoided. Consideration shall be given to sun, shade, view of neighboring
houses, prevailing wind, and architectural theme and colors of
surrounding homes. If changes in grade or other conditions which will
affect grading are anticipated, they must be indicated. Generally,
approval will be denied if adjoining properties are adversely affected by
changes in drainage.
Major Exterior Alterations:
Major alterations are generally considered to be those which substantially
alter the existing structure either by subtraction and/or addition. However,
other site changes such as driveway modifications are also included. The
location of major alterations should not impair the views or amount of
sunlight and natural ventilation on adjacent properties.
David Dodson
Southlake Woods - Project Manager
Toll Brothers, Inc.
September 18, 1998
Page -4-
In my earlier correspondence to Toll Brothers, Inc., I requested a meeting with
the affected parties. To date, you have not responded. I requested blue prints and plat
diagrams relating to Lot #27 and adjacent parcels. To date, I have received neither. l
requested you cease construction immediately before framing the first floor was
completed (photos attached - video available). To date, you added a second floor and
a roof.
David, I have made myself available to you or your designee all this week. I will
be out of the country beginning Monday, September 21 through September 28,
therefore, I will await your answer until Sunday, September 20 at noon.
Sincerely,
It ik - Ye - \ c ") ( t-k i
J. : ennett Boggess
V
JBB /sp
atta.
CERTIFIED MAIL Z- 166 - 421 -388
RETURN RECEIPT REQUESTED
G:IBENN ETT\PERSONAL \TOLL3.LTR
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J. Bennett and RoseMarie Boggess
603 Stonebury Drive
Southlake, TX 76092
VIA FAX 817 -421 -5780
October 5, 1998
Toll Brothers, Inc.
David Dodson
Southlake Woods
1080 S. Peytonville Ave.
Southlake, TX 76092
Dear Mr. Dodson:
Thank you for your telephone call to my office last Wednesday, September 30,
1998. I regret not memorializing our previous conversation prior to my departure out of
town, but I have been playing a bit of "catch -up" since my return last week. The
following summary of our discussions occurring at my residence and the Toll Brothers
model home in Southlake Woods is provided for your record and correction for
accuracy as appropriate:
603 Stonebury
Dodson - You expressed dissatisfaction at my distribution of literature
(including copies of my past correspondence to Toll Brothers) to
neighbors and visitors stopping by my information table situated on the
sidewalk in my front yard (you then took photographs).
Boggess - Advised that if Toll Brothers would meet with me as repeatedly
requested, I would cease information release for the day.
Dodson - Asserted you had not received my last letter via fax. Invited my
spouse and me to Toll Brothers model home for meeting.
Prior to closing my information stand, I had the opportunity to meet the
perspective owner of Lot #27. Mr. Crown and his wife were most receptive to a full
discussion to reach an amicable solution to the situation. (Bill also volunteered that it
was not his preference to face the house in the current position - it was yours/Toll
Brothers).
Toll Brothers, Inc.
David Dodson
October 5, 1998
Page -2-
Toll Brothers Model Home
Boggess - Exchanged pleasantries and strived for resolution.
Appreciative of invitation to discuss matter in person.
Dodson - Provided plat diagram and described economic concerns not
open for discussion i.e., reposition foundation, relocate garage to rear
entry and city required set backs. Proposed driveway relocation with
landscaping sufficient to eliminate view of 3-car garage.
Boggess - Admitted ignorance of landscaping but accepted invitation to
meet and discuss. Reserved primary concern of property value
depreciation of my home along with aesthetics.
Dodson - WII contact you once coordinated with landscaper.
David, .I look forward to meeting with you and the landscaper this Wednesday,
October 7 at 8:30 a.m. In the meantime, I am attempting to coordinate an appraisal of
my home to later address my economic concerns, if any.
Sincerely,
J. Bennett Boggess
JBB /sp
CERTIFIED MAIL Z- 166 -421 -396
RETURN RECEIPT REQUESTED
J. Bennett and RoseMarie Boggess
603 Stonebury Drive
Southlake, TX 76092
VIA FAX 817 - 416 -0054
October 30, 1998
David Dodson
Southlake Woods- Project Manager
Toll Brothers, Inc.
1080 S. Peytonville Ave.
Southlake, TX 76092
Dear Mr. Dodson:
This follows my letter to you of October 5 and our subsequent meeting on
October 7 with the landscaper. You will recall we agreed that Mr. Sutton would provide
a sketch of proposed landscaping for review by the Crown family and me. Let me know
when Robbie has presented his drawings and you have had a chance to review same
with Mr. and Mrs. Crown. Again, I reserve the right to address my economic concerns
regarding the CCR's and garage location independently, if necessary.
I appreciate your attendance at the school board meeting last Monday at 7:00
p.m. Unfortunately, I was unavoidably detained and did not arrive until shortly after
7:30. I am sure you realize the potential harm to our property values as well as your
home building project and can appreciate the need to get our Southlake Woods
residents involved. On two occasions I have hand delivered invitations to our residents
to attend the school board meetings. Obviously, phone contact or mailing is preferable.
I renew my request of September 18 addressed to Carol to receive a telephone roster
(letter attached).
And finally, I appreciate the referral to Mr. Burgan to repair my mailbox damage
caused by the neighborhood worker. I have left several messages on Ray's voice mail
and with his wife but have yet to receive a call back. Have you had any luck?
Sincerely,
J. Bennett Boggess
JBB /sp
atta.
CERTIFIED MAIL Z- 166 -421 -395
RETURN RECEIPT REQUESTED
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City of Southlake, Texas
MEMORANDUM
September 24, 1999
TO: Billy Campbell, City Manager
FROM: Shawn Poe, Senior Civil Engineer
SUBJECT: Approval of Change Order No. 1 to the contract with Reynolds Asphalt &
Construction Company for the reconstruction of West Continental
Boulevard from Davis Boulevard to South Peytonville Avenue
Action Requested: Approval of Change Order No. 1 to the contract with Reynolds Asphalt &
Construction Company for the reconstruction of West Continental
Boulevard from Davis Boulevard to South Peytonville Avenue for the
amount of $76,065.20.
Background
Information: The City Council awarded the contract to Reynolds Asphalt &
Construction Company for the reconstruction of W. Continental from
Davis Blvd. to S. Peytonville Ave. at the February 16, 1999 City Council
Regular Meeting. Construction began on the box culvert that crosses W.
Continental near Carroll Elementary School on April 8, 1999. Once the
extent of the tree removal on the school property was realized by residents
and members of the City Council following the start of construction, staff
was instructed to stop the contractor until the project could be discussed
further at the next Council Meeting.
At the April 20, 1999 City Council Meeting, the project was discussed by
the residents and City Council during the City Manager's report.
Following the discussion, the City Council directed staff to revise the
construction plans. The revisions included the following:
• Keep the existing alignment of Continental at the intersection
of Peytonville so as not to disturb the trees on the school
property.
• Narrow the pavement width from 26' to 22'.
• Omit the left turn lane at the intersection of Village Green
(entry into Country Walk).
• Provide a footbridge over the portion of the culvert that has
been already constructed.
• Install storm drain along the north side of Continental that will
extend from Peytonville to Scenic Drive (adjacent to Curb
property on northeast corner of Peytonville and Continental).
10D -1
City of Southlake, Texas
• Narrow the pavement width of the section of roadway along
Carroll Elementary School from 38' to 34' (to provide a
continuous turn lane).
• Utilize the bottom of the culvert that was previously
constructed as a pilot channel and build a 2' high retaining wall
along each side of the existing culvert bottom.
The engineering consultant, Dunaway & Associates, revised the plans and
a change order was sent to Reynolds Asphalt & Construction Company to
be processed. The contractor had to give several prices to items in the
change order that were not in the original contract, such as the foot bridge
and storm drain, etc. The revisions resulted in a change in the original
contract amount greater than $15,000. Therefore, the City Council must
approve the change order.
Financial
Considerations: The original contract awarded to Reynolds Asphalt & Construction
Company totaled $596,746. Change Order No. 1 totals $76,065.02 (see
attached Change Order No. 1). The increase is attributed to the following
reasons:
• Cost to install the additional items not in the original contract
(footbridge, storm drain along Curb property, retaining wall
along each side of existing culvert bottom).
• Re- mobilization cost to the contractor.
• The additional cost to construct the culvert across Continental.
Previously, the culvert in the original plans could be
constructed all at once. Now, following the revision of the
plans, the culvert has to be constructed one -half at a time to
keep at least one lane of traffic open at all times. This results
in additional time and labor.
• There is more clearing and grubbing than in the original plan.
The road widening for the continuous turn -lane will occur on
the property located on the north side of Continental (owned by
the Toll Brothers).
Attached is Exhibit 1 that tabulates the items in the original contract along
with the items following the change order. The change order results in the
project cost, including design and surveying, to total $716,161. This is
$75,737 above the budgeted amount. This overrun will be funded using
the underrun balance of the CIP projects. The revised total has been added
to the attached CIP Project Cost Ledger.
Citizen Input/
Board Review: Not applicable
10D -2
City of Southlake, Texas
Legal Review: Not applicable
Alternatives: There are several alternatives available. The City Council can decide not
to construct some or all of the additional items in order to lower the cost of
the change order. The project can be re -bid, however the unit prices of the
project will likely increase. The project can be delayed and included with
Phase 2, which is reconstruction of Continental from Peytonville to White
Chapel. The construction plans for Phase 2 are near completion and staff
anticipates that this project will be complete by August, 2000.
Supporting
Documents: Change Order No. 1
Exhibit 1
CIP Project Cost Ledger
Staff
Recommendation: Staff recommends that the City Council approve Change Order No.1 to the
contract with Reynolds Asphalt & Construction Company for the
reconstruction of West Continental Boulevard from Davis Boulevard to
South Peytonville Avenue for the amount of $76,065.02. Please place this
item on the September 21, 1999 Regular City Council Agenda for review
and consideration.
SEP /sep
Approved for Submittal to City Council:
City Manager's Office
10D -3
CHANGE ORDER No. 1
Date: September 21, 1999
OWNER'S Project No. 97 -3003 ENGINEER's Project No.
Project Reconstruction of W. Continental from Davis Blvd. to Pevtonville Ave.
OWNER City of Southlake
Contract for Paving and Drainage Improvements Contract Date: March 12, 1999
To: Revnolds Asphalt & Construction Company, Inc.
Contractor
You are directed to make the changes noted below in the subject contract:
City of Southlake
Owner
By:
Date: , 1999
Nature of the changes: Revisions to construction plans regarding the re - aligmnent of Continental at Pcytonville.
See attached proposal tabulation.
These changes result in the following adjustment of contract price and contract time:
Contract Price Prior to this Change Order $ S596,746.00
Net (Increase) (Decrease) Resulting from this Change Order 8 S76,065.20
Current Contract Price Including this Change Order 8 5672,811.20
NSPE -ASCE 1910 -8 -B (1978 Edition)
10D -4
Contract Time Prior to this Change 150 Calendar Days
(Days or Date)
Net (Increase) (Decrease) Resulting from this Change Order 0 Calendar Days
(Days)
Current Contract Time Including this Change Order 150 Calendar Days
(Days or Date)
The above changes are recommended: City ofSouthlake
Owner
By:
Ronald J. Harper, P.E.
Date: , 1999
The above changes are accepted: Revnolds Asphalt & Construction Company, Inc.
Contractor
By:
Date: , 1999
10D -5
Exhibit 1
TINENTAL BLVD. RECONSTRUCTION (PHASE 1)
ORIGINAL BID REVISED BID PRICE
ITEM DESCRIPTION UNIT MEASURE QUANTITY UNIT BID PRICE TOTAL QUANTITY UNIT BID PRICE TOTAL
1 Project sign EA 2 $ 300.00 $ 600.00 2 $ 300.00 $ 600.00
2 Pavement pulverization and cement stabilization SY 12,400 $ 2.00 $ 24,800.00 9,550 $ 2.00 $ 19,100.00
tyb 3 Cement at 27 pds. per square yard TN 170 $ 115.00 $ 19,550.00 130 $ 115.00 $ 14,950.00
4 Unclassified excavation CY 5,700 $ 12.40 $ 70,680.00 4,000 $ 12.40 $ 49,600.00
5 Disposal of unclassified excavation CY 1,800 $ 1.00 $ 1,800.00 1,500 $ 1.00 $ 1,500.00 •
6 2 -inch HMAC surface course (Type 'D') TN 1,320 $ 36.00 $ 47,520.00 1,100 $ 36.00 $ 39
7 2 -inch HMAC (Type '13) TN 1,320 1 $ 34.00 $ 44,880.00 1,100 $ 34.00 5 37,400.00
8 Demolish and remove reinforced concrete driveway SF 5,100 $ 1.50 $ 7,650.00 5,887 S 1.50 $ 8,830.50
9 Replace 6 -inch concrete driveway SF 7,311 $ 5.00 $ 36,555.00 5,887 $ 5.00 $ 29,435.00
10 6 -inch reinforced concrete curb LF 5,300 $ 11.40 5 60.420.00 5,350 5 11.65 $ 62,327.50 Adjusted
11 4 -incn reinforced concrete bike path (6 ft. wide) LF 2,100 $ 16.50 $ 34,650.00 2,100 $ 16.50 S 34,650.00
12 Water valve adjustment EA 4 $ 300.00 $ 1,200.00 4 S 300.00 $ 1,200.00
13 Manhole adjustment _ EA 5 $ 1,200.00 $ 6,000.00 5 $ 1,200.00 $ 6,000.00
14 Gravel driveway repair CY 11 $ 70.00 $ 770.00 11 $ 70.00 $ 770.00
15 18 -inch RCP LF 360 $ 27.00 $ 9,720.00 531 5 27.00 $ 14,337.00
16 18 -inch standard headwall (Type 'a) EA 16 $ 650.00 $ 10,400.00 16 5 650.00 $ 10,400.00
17 42 -inch RCP LF 40 $ 140.00 $ 5,600.00 40 S 140.00 $ 5,600.00
18 42 -inch headwall (Type 'B') EA 2 $ 1,760.00 $ 3,520.00 1 $ 1,760.00 S 1,760.00
19.3 Double 4=T precast box culvert LF 120 $ 550.00 5 66,000.00 100 S 550.00 5 55,000.00
19.8 Flared wing headwall, 45 skew EA 2 $ 2,530.00 $ 5,060.00 2 $ 2.530.00 I S 5,060.00
19.c Metal cedestrian rail LF 50 $ 71.50 $ 3,575.00 50 1 $ 71.50 1 S 3,575.00
. 19.d Type . A' Rock rip rap SF 380 $ 8.00 $ 3,040.00 380 j $ 8.00 $ 3,040.00
20 Hydromulch/seeding SY 9,000 $ 0.70 $ 6,300.00 9,000 $ 0.70 $ 6,300.00
21 Cleaning and grubbing AC 1.5 $ 23,000.00 $ 34,500.00 1.5 $ 23.000.00 $ 34,500.00
22 Roadway markings LS 1 $ 15,700.00 $ 15,700.00 1 $ 14,800.00 $ 14,800.00 Adjusted
23 Pollution prevention control LS 1 $ 3,700.00 $ 3,700.00 1 $ 3.700.00 $ 3,700.00
24 Topsoil CY 80 $ 28.00 $ 2,240.00 80 $ 28.00 5 2.240.00
25 Relocate fire hydrant EA 1 $ 2,000.00 $ 2.000.00 1 i S 2,000.00 5 2,000.00
• SUB -TOTAL $ 528,430.00 SUB -TOTAL I $ 468,275.00
ADDITIONAL ITEMS FOLLOWING REVISIONS
1 Mobilization LS 1 $ 10,387.00 $ 10,387.00
2 Foot Badge LS 1 $ 19,800.00 $ 19,800.00
3 Foot Badge Installation, including bents LS 1 $ 7,000.00 $ 7,000.00
4 30" RCP LF 260 $ 55.00 $ 14,300.00
5 4' Storm Drain Manhole EA - - - 1 $ 3,500.00 $ 3,500.00
4" Storm Drain Inlet EA - . - 2 $ 4,000.00 $ 8,000.00
6' Storm Drain Inlet EA - - - 1 $ 6,800.00 $ 6,800.00
3 Trench Safety LF - - - 371 5 1.20 $ 445.20
9 2' High Retaining Wall LF - - - 180 $ 32.00 $ 5,760.00
10 Concrete Lined Channel Previously Installed LS - - - 1 $ 24,300.00 $ 24,300.00
11 Additional Cost to install box in revised location LF - - - 100 $ 138.00 $ 13,800.00
12 Construct & Remove Detour LS - - - 1 $ 11,400.00 $ 11,400.00
13 Additional Clearing & Grubbing due to plan revisions LS - - - 1 $ 8.500.00 $ 8,500.00
14 Grading & Backfill around proposed retaining walls LS - - - 1 $ 3,200.00 $ 3,200.00
15 _BarricadesfTraffic Control LS - - - 1 $ 9,388.00 $ 9,388.00
SUB -TOTAL , - `SUB -TOTAL $ 146,580.20
ALTERNATES
,...a I 1 2" PetroHMAC mat SY 12400 _ $ 1.20 $ 14,880.00 10000 $ 1.20 $ 12,000.00
2 I (type B) TN 1320 $
690 $ 34.00 $ 44,880.00 1100 $ 34.00 $ 37,400.00
3 Unclassified Excavation CY 12.40 $ 8,556.00 690 $ 12.40 $ 8,556.00
SUB -TOTAL I $ 68,316.00 ' SUB -TOTAL ( $ 57,956.00
' GRAND TOTAL 1 $596,746.001 1 GRAND TOTAL 1 $672.811.201
Difference from Original and Revised ($76,065.20)
•
10D-6
CIP PROJECT COSTS
A B C 1 D
1 PROJECT DESCRIPTION BUDGETED AMOUNT BID / FINAL COST DIFFERENCE
2 L5 MGD MIRON ELEVATED TOWER * $1,860,000 $1,832,0001 828.000
3 20" WATERLINE ALONG FM 1709 $641,000 $638,4081 $2,592
4 24" WATER LINE ALONG N. WHITE CHAPEL $850,000 $826,455 823,545
5 BRUMLOW $112,700 $111,000 $1,700
6 BURNEY LN. - REHAB CUL- DE-SAC $57,000 $64,523 j ($7,523)
7 BYRON NELSON STOP LIGHT $40,000 $65,000; ($25,000)
8 BYRON NELSON STRIPING $65,000 $74,1631 ($9,163)
9 COMMERCE TRAFFIC LIGHT* $100,000 $48,4051 $51,595
10 DIAMOND CIRCLE STREETS & SEWER $1,286,000 $990,161 S295,839
11 DOVE ACRES SEWER * $405,000 8205,474' $199,526
12 DOVE FORCE MAIN* $1,747,500 $2,080,3181 ($332.818)
13 DOVE/HIGHLA D PAVING* $611,480 $778,533 ($167.053)
14 DOVE /SH 114 WATER LINE RELOCATION $339,200 $280,424!, 558,776
15 FLORENCE TOWER TANK PAINTING $105,000 $152,200, (547,200)
16 FM 1709 TRAFFIC SEQUENCING * $120,000 $42,000 578,000
17 HILLWOOD SEWER* $95,000 $82,415,! 812,586
18 HUNTWICK ESTATES SEWER $200,000 $276,123; ($76,123)
19 JELLICO SEWER * $500,000 $419,7231 $80.277
20 KIRKWOOD WATER LINE $326,000 $266,1591 559,841
21 LAKE DRIVE WATER, SEWER, PAVING * $364,500 $376,991 (512,491)
22 LILAC LN. WATER, SEWER, STREET * $234,600 $286,782. ($52,182)
23 MISSION HILL SEWER 8430,000 $489,0991 ($59,099)
24 N. WHITE CHAPEL - COUNTY LINE TO LAKE * 8340,000 $470,970 (5130,970)
25 N. WHITE CHAPEL - DOVE TO COUNTY LINE * $181,850 $177,010; 54,840
26 N -3 & N-4 LIFT STATIONS* $1,000,000 $1,009,500 (59,500)
27 N -5 SEWER & KLAIBALL/SH 114 WATER/SEWER RELOCATIONS * $762,500 $743,2551 519,245
28 PEARSON GROUND STORAGE TANK NO. 2 * $1,687,400 $1,545,247 5142,153
29 PINE SEWER* $200,000 $183,368, $16,632
30 PLANTATION SEWER $110,400 884,676! 525,724
31 PUBLIC WORKS CENTER IMPROVEMENTS* $405,600 $472,580 ■ (566,980)
32 PUMP STATION NO. 2 * $3,110,000 $3,146,800! (536.800)
33 RAINTREE / SHADY LN WATER, SEWER, PAVING $1,925,995 $1,615,029 $310,966
34 RIDGECREST * $355,576 $400,5041 ($44,928)
35 SABRE SEWER CONNECTION - SOLANA $25,000 $21,700; $3,300
36 SHADY OAKS TRAFFIC LIGHT * $100,000 $91,000 j $9,000
37 SOUTHLAKE / KELLER PUMP STATION MOD. $300,000 $294,000 $6,000
38 SUTTON PLACE DRAINGE & PAVING IMPROVEMENTS * $270,000 $274,145; ($4,145)
39 TIMARRON - BENT CREEK REPAIR * $726,986 $699,315 � 527,671
40 TROPHY CLUB 24" WATER LINE * $1,511,000 $1,440,693 $70,307
41 W. CONTINENTAL RECON. - PHASE 1 * $640,424 $716,161 (575,737)
42 W. DOVE RECON: PEYTONVILLE TO SHADY OAKS $259,680 $298,3971 ($38,717)
43 WATER & SEWER TO MIRON ADDITION $196,781 $262,535; ($65,754)
44 TOTAL 824,599,172 $24,333,239;
45 TOTAL (OVER)/UNDER BUDGET 1 $265,933
46
47 * Project not yet complete. Cost shown reflects contract bid price & engineering, surveying costs
48
49
50
10D-7 9/16/99
Registered David Meers III P.E Metro 817.481.7658
Professional
Engineer
September 21, 1999
City Council
City of Southlake, Texas
Dear Council Members ;
As citizens of Southlake and residents on North Kimball Ave. we are concerned about the
proposed reconstruction of North Kimball Ave. by the city of Grapevine.
As you know the northern portion of North Kimball Ave. is the city boundary between
Southlake and Grapevine. The boundary has been established some time ago as the center
of Kimball Ave.
The City of Grapevine has prepared plans and we believe will proceed to widen Kimball
Ave. unless action is taken by this body. This proposed widening would result in the loss
of property to the homeowners on the West Side of Kimball (Southlake residents). And
the loss of native trees on and adjacent to the ride -of -way.
Also due to the revision of the road elevation, an unsafe egress and entrance to Kimball
Ave. will be created.
I have attached pictures of my property edge showing the trees and property in question.
As citizens of Southlake we request your help with this matter.
Sincerely
Kay Meers
Dave Meers III P.E.
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David and Phyllis Lambert
2800 North Kimball Road
Southlake, TX 76092
September 7, 1999
City Council
Southlake, TX
Dear Council:
The City of Grapevine recently passed a bond election that incorporates the widening of
the North Kimball Road curve, the super- elevation of the road on the West side, the
addition of a third center turning lane, and the addition of an eight -foot hike and bike trail
on the East side of the road.
Southlake residents could not vote in this election; however, all of Grapevine's designs
for this project involve a roadway and jogging track that destroy many, many Southlake
trees, eliminate our road buffer, and physically and visually destroy the entrance to our
property. Grapevine has also told us that regardless of the location and width of the road
and track, they will come on to our property and cut down trees to super - elevate the road.
Grapevine has also told us they will not replace the trees they destroy.
Grapevine has failed to survey the property to pinpoint the actual location of trees on any
of their plans. From discussions with Southlake City, Southlake has not performed such
a survey, either. Moreover, neither city has surveyed the area to determine the location of
the right of way or city limits in the affected area.
To date, Grapevine has not been responsive to our concerns about the Loss of trees, which
we have voiced at two previous public meetings held at Grapevine's city hall. Through
discussions with Southlake City staff, we understand that the Council will be voting on
an interlocal agreement with the City of Grapevine with respect to this project. We also
understand this agreement will merely allow for future discussion and agreement between
Southlake and Grapevine regarding the road design and that our input into design will be
needed to establish a final design agreement between the two cities.
We would like to propose some solutions to this problem:
1. Survey the area to determine the city limits and right of way.
2. Survey the area to accurately depict the impact any design will have on any trees.
3. Move the beginning of the transition for the third center turning lane farther North
than Grapevine proposes and move the road toward Grapevine accordingly.
4. Reduce the eight -foot jogging trail, located on the Grapevine side of the road, to a
four -foot width or eliminate it entirely and move the road toward Grapevine
accordingly.
5. Build a retaining wall rather than an embankment to elevate the road, thereby
avoiding tree removal and destruction.
6. Elevate the affected residents' driveways to meet the road elevation, thereby
reducing the need to cut down trees to correct line -of -sight problems.
We appreciate your time and assistance in this matter and ask you to support us and our
neighbors in preventing the destruction of Southlake trees.
Thank you, '
g aLte
Dave & Phyllis Lambert
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PETITION TO DELAY THE VOTE ON THE AMENDMENT TO
THE MASTER THROROUGHFARE PLAN AS DESCRIBED BY THE
MEMORANDUM ISSUED BY CHRIS CARPENTER, DATED JULY
30, 1999. WE REQUEST THE DELAY TO ALLOW FOR ALL
PARTIES TO ADDRESS TRAFFIC ISSUES RESULTING FROM
THE ADDITION OF A STREET CONNECTING N. PEYTONVILLE
AND WHITE CHAPEL.
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