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1998-08-04REGULAR CITY COUNCIL MEETING 667 North Carroll Avenue Southlake, Texas AUGUST 4, 1998 MINUTES COUNCILMEMBERS PRESENT: Mayor Rick Stacy; Mayor Pro Tem W. Ralph Evans; Deputy Mayor Pro Tern Scott F. Martin. Members: Debra Edmondson, Wayne Moffat and Ronnie Kendall. COUNCILMEMBERS ABSENT: Gary Fawks STAFF PRESENT: Curtis E. Hawk, City Manager; Shana Yelverton, Assistant City Manager; Darcey Imm, Assistant to the City Manager; Shelli Siemer, Assistant to the City Manager; Lou Ann Heath, Director of Finance; Greg Last; Director of Community Development; Karen Gandy, Zoning Administrator; Bob Whitehead, Director of Public Works; Shawn Poe, Capital Projects Coordinator; Ron Harper, City Engineer; Lauren Safranek, Director of Human Resources; Billy Campbell Director of Public Safety; Kevin Hugman, Interim Director of Parks and Recreation; Charlie Thomas, Deputy Director of Public Works; Mike Patterson, Water Utility Superintendent; Debra Drayovitch, City Attorney; and, Sandra L. LeGrand, City Secretary. WORK SESSION: The work session began at 5:15 p.m., whereby Councilmembers, city staff members and citizens commented on various items on the agenda. The following items received comments: Agenda Item 5-B, Interlocal Agreement with Trophy Club MUD #1 for water service. Councilmember Martin commented on the deadline in the Agreement of January 1, 2003, for installing the water line and his concerns that the City is committing to something that may meet with certain obstacles. City Manager Curtis Hawk and Public Works Director Bob Whitehead explained various options of the water line routes and that the Plan, based upon the City's projected growth, requires that the line be functional by 2001. Staff's goal is to have it complete by 2000, which would allow extra time if needed. Agenda Item 5-E, Purchase of twenty-two solar-powered flashing beacons for school zones. Councilmember Edmondson questioned why twenty beacons were budgeted, but twenty-two were being purchased. Director Whitehead explained that the two "spare" beacons were necessary in case of a failure, but by an oversight, were lef~ out of the budget. Agenda Item 5-F, Agreement with Cheatham & Associates for surveying West Jones Branch Creek. Councilmember Edmondson voiced her opinion about the cost of this project. Mayor Stacy explained that the flat fee of $22,700 by Cheatham & Associates to provide the topography detail for Freese and Nichols' (contractor designing the channel improvements) hydraulic modeling would save the City money since it is the practice of Regular City Council Meeting Minutes of August 4, 1998 - Page I of 37 contractors to subcontract topography work and charge an additional fil%en percent as administrative costs for arranging the service. Councilmember Edmondson also stated that she feels contingency costs should be included in all budgeted projects to prevent the need for additional funding at a later date. Mayor Stacy mentioned that Budget Work Sessions will occur in two weeks and encouraged everyone to participate and put together an "estimated" budget that will accurately reflect the proposed projects and expenses for the next year. Agenda Item 8-C, Preliminary Plat for Sheltonwood. David McMahan, 1335 Hidden Glen, Southlake, presented two issues. He explained the problem they have encountered with drainage and their endeavors to work out the issue. The developer has worked with a hydrological engineer on solutions, but has not found any that are acceptable. The options he was given would destroy the "value and character of the property." The developer sought help from the city, requesting the City give him assurances that any properties developed in the future to the west and south would be made to retain their water and not send it down stream. This could not be done. The developer is exploring options which include: incorporating a series of small ponds along the creek in areas that would least disturb the tree coverage present; utilizing existing open areas for the water to be channeled to; possibihty of running drainage pipe under the road to a ditch; and a combination of all of these options. The developer said that any of these options which will alleviate the drainage problems associated with this subdivision necessitate the need to get additional dollars for the existing lots to offset the cost of improvements, which leads into the developer's second issue. The developer feels that in order to get more money for the lots, the subdivision needs to be "gated" with private streets. Therefore the developer submitted a request to Council for a variance to the gated community issue to allow for a gated subdivision. Councilmember Edmondson commented that until Public Works staff receives the data from the HEC H study that is being developed, the city can not make any decisions regarding the solutions the developer presented. Since more time was needed to acquire more information, Mayor Stacy recommended that the developer ask to table the preliminary plat portion for Sheltonwood. Agenda Item Il-C, F.M. 1938 Extension to SH 114. Bill Spivey, 1520 Randol Mill Road, Southlake, presented his opinion, on the suggestion that the City approach the State about funding the extension of F.M. 1938 to SH 114. Mr. Spivey said he did not want Council to get the wrong idea from the previous meeting, where many people were openly expressing their opposition to the extension, that there were no property owners in support of it. Mr. Spivey talked about the availability of State money and that State money comes from gasoline taxes, not City coffers. He said that if the City had to pay for the extension, property owners would be paying for the road twice, once from the state gasoline tax and again through local taxes. Sixty percent of the land owners along Randol Mill Road were contacted and agreed that the State can afford the extension better than the City and that they would prefer to deal with the State instead of the City and therefore presented a petition ("Say YES to Landowners") in support of the City's actions Regular City Council Meeting Minutes of August 4, 1998 - Page 2 of 37 to lobby the State to fund the extension. A copy of the petition is attached to the minutes. Mr. Spivey projects that approximately 75% (numerically and by linear foot) of the property owners along the Randol Mill will be in support of the action. Mr. Spivey said they were drawn to support the extension funding after thoroughly looking into all the choices available and realizing this was the "best of all the bad choices." He cited examples of the current design of Randol Mill and compared it with what the extension will mean, by adding sidewalks and shoulders, making it less dangerous. Mr. Spivey asked Council to consider keeping this item as one they will present in Austin. Joy Clark and Ma~y Caster, who assisted Bill Spivey, commented that they received "positive" feedback from the property owners when they circulated the petition. Agenda Item 1 l-B, haterlocal agreement with City of Grapevine for library services. City Manager Curtis Hawk mentioned that it was agreed upon by Council back in February that at the next budget preparation time the city would come back with an interlocal agreement agreeing that the City of Southlake would pay their "fair share" of the operating cost of the City's participation in Grapevine's library until the City of Southlake had its own library built. He explained the agreement would provide for use of the facility based on a charge per cardholder. The "fair share" amount will be discussed at the next Council meeting. The work session concluded at 6:00 p.m. CITY COUNCIL AGENDA: Agenda Item #1~ Call to Order Mayor Rick Stacy called the Regular City Council meeting of Augnst 4, 1998, to order at 6:05 p.m. Agenda Item #2-A~ Executive Session Mayor Staey advised the audience that the City Council would be going into executive session pursuant to the Open Meetings Act, Chapter 551 of the Texas Government Code, Sections 551.071, 551.072, 551.073, 551.074, 551.075, 551.076 to seek consultation with the City Attorney regarding pending and contemplated litigations, to deliberate the purchase, exchange, lease or sale of real property, a negotiated contract for a prospective gift or donation to the City, to deliberate the appointment and evaluation of public officials, to confer with one or more employees to receive information from or to question the employees, and to deliberate the deployment, or specific occasions for implementation of security personnel or devices. Council adjourned into executive session at 6:07 p.m. Council returned to open session at 7:05 p.m. Regular City Council Meeting Minutes of August 4, 1998 - Page 3 of 37 Agenda Item #2-B, Action Necessary/Executive Session No action was necessary. Agenda Item #3~ Invocation Mayor Pro Tem W. Ralph Evans Agenda Item g4-A~ Mayor's Report Mayor Rick Stacy welcomed everyone to the meeting and made the following announcements: August 5, 1998 at 7:p.m. Crime Control and Prevention District meeting in the Council Chambers. August 6, 1998 at 6:00 p.m. Drug and Alcohol Awareness Committee meeting in the Community Center at Bicentennial Park. August 6, 1998 at 7:00 p.m. Planning and Zoning Commission meeting in the Council Chambers at City Hall. August 7, 1998 at 7:00 p.m. SPIN #7 will host a city-wide meeting for the proposed Gateway Plaza shopping center, proposed for the intersection of F.M. 1709 and SH 114 at the Senior Activity Center. August 10, 1998 at 7:00 p.m. SPIN #1 will host a developer meeting in the Senior Activity Center regarding a proposed secured care facility for Alzheimer's patients, proposed for a 3.5 acre tract across from the Clariden School. The developer is Uncommon Care and the facility is a 9,000 square foot single- story building. August 13, 1998 at 7:00 p.m. SPIN Standing Committee and City Council Joint meeting in the Council Chambers at City Hall. August 17, 1998 at 6:00 p.m. Southlake Parks Development Corporation (SPDC) meeting in the Council Chambers at City Hall. August 21, 1998 at 9:00 a.m. Groundbreaking for Bicentennial Park, Phase II, Expansion Mayor Stacy recognized the City's Water Department crew and theft outstanding performance during the water crisis. Mayor Stacy said, "There is no way that we, as citizens, could have an understanding of what these gentlemen have gone through in the Regular City Council Meeting Minutes of August 4, 1998 - Page 4 of 37 last few days." He commended the City's new water superintendent, Mike Patterson, and the entire water depathnent crew for working throughout the night during the 90- inch Fort Worth water line break and the electrical problems. Mayor Stacy explained the series of events and said, "These guys did some phenomenal work - opening valves ... did some trickery with the lines ... and it saved all of us who use Southlake water, from running out." Mayor mentioned others that participated in the crisis: Sonny Rhodes, TU Electric crews, Curtis Hawk, Chief Billy Campbell, Garland Wilson, Ron Harper and "lots of good, hardworking troops.' Mayor Stacy and City Manager Curtis Hawk reminded citizens that although the water line has been restored, the City must still operate under the "mandatory schedule" of "no watering" until further notice. Mayor Stacy commented on the "good job" done by the City's Department of Public Safety detectives in handling several recent losses and thiefs at Stacy Furniture. Stacy said that due to their efforts the message is, "if you're going to do the crime in Southlake, you're going to do the time." He said, "These guys are very, very good." "They are very sophisticated and I appreciate it, and my hat's off to the DPS." Public Information Officer Tracy Southers and Interim Director of Parks and Recreation Kevin Hugman were presented the awards won by Southlake's publications, Southlake In Review and Southlake Scene at the 17~ City Hall Public Information Awards Competition. Southlake In Review won the Grand Award for cities under 50,000 population in the Public Periodical Category and Southlake Scene won the Grand Award in the Recreation Activity Catalog category. Agenda Item #4-B~ City Manger's Report City Manger Curtis Hawk asked Ron Harper, Deputy Director of Public Works/City Engineer, to bring Council up to date on the Town Square developments. Ron Harper reported that progress continues on the infrastructure and commercial elements. Slot drainage is being installed in the paved areas and parking lot paving began last week and will continue through the next few weeks. The parking lot and curbs on the City streets are scheduled to begin in mid-August. Mr. Harper said that at the Council's request he has sent a letter to the developer and asked them to not do any work on Fountain Place until Council has had an opportunity to meet with the developer about the Bandshell Pavilion. Six buildings that are currently proposed are currently under various phases of construction. The one furthermost along is budding lA, which is where the Corner Bakery will be located. All the brick work on that portion of the building has been completed and the contractors are starting on the interior framework. It is expected that the building will be turned over to the tenants within the next two months to begin their tenant's finish-out work. The developer submitted plans for the Bandshell Pavilion on July 27. The plans should go to the Planning Regular City Council Meeting Minutes of August 4, 1998 - Page 5 of 37 and Zoning Commission on August 20* and go to City Council on September 1. The developer plans to complete the Revised Site Plan within the next day or two. Mr. Harper clarified that Council will be reviewing the Bandshell Pavilion and what is currently know as Rustin Park at the September 1 council meeting. He said the terms "bandshell' and "pavilion" are interchangeable. Mr. Harper announced that the developer will conduct a "hard hat" tour on August 7 at 9:00 a.m. for the benefit of the Chamber of Commerce. Mr. Harper commented briefly on Town Hall saying that a lease offer had been sent to the CISD. Based upon the response, staff has asked Urban Architecture to prepare two programming documents; one including CISD, one excluding CISD. This item will be discussed further in "Other Items for Discussion." Agenda Item #4-C~ SPIN Report There was not a SPIN Report at the meeting. Agenda Item #5~ Consent Agenda Mayor Stacy read the consent agenda items into the record. They were: 5-A. Approval of the Minutes of the Regular City Council meeting held on July 21, 1998. 5-B. Authorize the Mayor to enter into an Interlocal Agreement with Trophy Club MUD #1 for water services. 5-C. Ordinance No. 705, 1't reading, Abandoning the right-of-way known as Brittain Lane located in the Brittany Place Addition. Authorize the Mayor to enter into a contract for the sale and removal of the building formerly known as "Doug's Barber Shop" located within the SH 114 right-of-way. 5-E. Award of bid to Hi-Tech Signals, Inc., for the purchase of twenty-two public school zone solar-powered flashing beacons. 5-F. Authorize the Mayor to enter into a professional services agreement with Cheatham and Associates for surveying of the West Jones Branch Creek. 5-G. Sign Ordinance appeal for Woodland Heights Addition, 1721-1725 East Southlake Boulevard. Mayor Stacy informed citizens present of the procedure Council follows in voting on the "consent items" and asked if anyone had any comments or opposition to express regarding any items listed in that section of the agenda. There were no comments on the items. Regular City Council Meeting Minutes of August 4, 1998 - Page 6 of 37 Councilmember Martin made a motion "to approve consent agenda Items: g5-A, minutes as amended; g5-B, interlocal agreement with Trophy Club MUD[gl for water services]; #5-C, abandoning the right-of-way in Brittany Place; g5-D, authorizing the mayor to enter into a contract for sale and removal of the building [Doug's Barber Shop] to Aaron Building Services [high bidder at $2,575.83]; #5-E [awarded to Hi-Tech Signals for a bid of $42,900 for twenty- two flashing beacons]; #5-F [agreement with Cheatham & Associates for surveying West Jones Branch Creek for a flat fee of $22,700]; and g5-G, which is tabling the Woodland Heights sign ordinance appeal to August 18, 1998.' Motion: Second: Ayes: Nays: Approved: Martin Evans Martin, Edmondson, Evan, Kendall, Moffat, and Stacy None 6-0 vote to approve ** [ ] indicates informational comments inserted into the motion for clarity ADDITIONAL INFORMATION REGARDING CONSENT AGENDA ITEMS 5-A. Approval of the Minutes of the Regular City Council Meeting held on July 21, 1998. Authorize the Mayor to enter into an Interlocal Agreement with Trophy Club MUD gl for water services. The Agreement is for the use of Trophy Club's 21- inch water transmission line through the district. The line will provide water to the 5 million gallon ground storage tank on T.W. King Road and become a portion of the ultimate loop of water transmission lines from Fort Worth as part of the Northeast Tarrant County Regional Water System (NETCREWS). When the system is complete, Fort Worth will assume responsibility for the maintenance of the waterline. Until then, Trophy Club MUD gl (TCMUD 1) will be responsible for the maintenance of their 21-inch line. The City of Southlake will pay a fee to TCMUD 1 to absorb some of their costs of maintaining the 21-inch line. The proposed fee is $60.08 per million gallons or .0684/1000, with a minimum of $1,000. This agreement would not take effect until the 24-inch water transmission line to T.W. King pump station is completed, which has been delayed awaiting obtainment of an easement. The 24-inch line is expected to being in 1999. The Agreement proposes a completion date of January 1, 2003. 5-C. Ordinance No. 705, 1St reading, Abandoning the right-of-way known as Brittain Lane located in the Brittany Place Addition. Timothy and Lynn O'Connor of 1035 Brittany Court have requested that this right-of-way be abandoned. This road was never constructed and the Planning and Zoning Commission waived the requirement for ROW in the proposed subdivision south of Brittany Place. Ordinance 705 provides for abandonment of the ROW, dividing the parcel Regular City Council Meeting Minutes of August 4, 1998- Page 7 of 37 between Mr. and Mrs. O'Connor and the other adjacent property owners, Mr. and Mrs. J. Scott Mattheis. A 15-ft. utility easement shall be retained on the southern portion of the ROW. The Public Hearing is set for August 18, 1998. Authorize the Mayor to enter into a contract for the sale and removal of the building formerly known as "Doug's Barber Shop" located within the SH 114 right-of-way. During the acquisition of right-of-way for the expansion of SH 114, the 320-sq. ft. building located at 375 W. State Highway 114 was acquired. Two bids were received on July 15, 1998, with the highest bid received from Aaron Building Services for $2,575.83. The other bid was for $250 from Chris Hogan. Award of bid to Hi-Tech Signals, Inc., for the purchase of twenty-two public school zone solar-powered flashing beacons. Funds were appropriated this fiscal year for the purchase of twenty solar-powered flashing beacons. Two additional units are required as replacements. Four bids were received on July 22, 1998 with the lowest bid received from Hi-Tech Signals, Inc. for $42,900. Capital Improvement Project Budget provides for $40,000 for the purchase. The additional amount is available from interest accrued from bond funds. Authorize the Mayor to enter into a professional services agreement with Cheatham & Associates for surveying of the West Jones Branch Creek. This agreement is needed to provide a detailed topography of the creek for Freese and Nichols to complete the hydraulic modeling of the proposed improvements of the West Jones Branch channel. The cost of Cheatham & Associates' services totals $22,700. This includes a survey map showing the topography at one-foot contours and other features such as property lines, easements, and existing trees. If Freese and Nichols had made arrangements for this service themselves, the cost would have been substantially higher. Sign Ordinance appeal for Woodland Heights Addition, 1721-1725 East Southlake Boulevard. The owners of the property did not provide staff with additional information regarding this request. The item will therefore be tabled until the August 18, 1998 Council meeting. Agenda Item//6, Public Forum Mayor Stacy announced that this item is placed on the agenda to give anyone in the audience an oppormulty to address Council about anything that is not on the current meeting agenda and asked ff anyone in the audience would like to speak. He also asked that if anyone was present to speak concerning an item on the agenda, to wait until the item was considered. No one in the audience stepped forward to speak. Mayor Stacy closed the Public Forum. Mayor Stacy polled the audience to determine the number of citizens present concerning agenda Item #1lC, the expansion of F.M. 1938. With Council's permission, Item ll-C was Regutar City Council Meeting Minutes of August 4, 1998 - Page 8 of 37 moved up to consider next on the agenda as it would normally fall late into the evening and the majority of citizens present were there for just that item. Agenda Item #11-C~ Discussion: Metroport appearance before TxDOT in Austin regarding the expansion of F.M. 1938 to SH 114. City Manager Curtis Hawk opened the discussion up with an overview, bringing the public and Council up to date on the status of the projects. Mr. Hawk announced that "we are on the agenda for the Texas Department of Transportation (TxDOT) Commission meeting on September 24z in Austin." "There are basically four projects that we have petitioned to appear before the Commission on. One of those is the expansion of [U.S.] 377 - improvement of that up to the ultimate lanes up through Keller up to [SH] 170. The other is completion of two portions of SH 114 -- the portion through Southlake is not yet completed and that is what we call the White Chapel Interchange." The White Chapel Interchange is the area between six- tenths of a mile southeast of the Dove Road intersection and the Carroll Road intersection. He explained that SH 114 has been approved for funding as a six lane divided highway through Southlake with the exception of the White Chapel Interchange area. The White Chapel Interchange has been approved for the right-of-way acquisition and the construction plans. Mr. Hawk said another project petitioned to the Commission is the section of SH 114 from Precinct Line Road west through the SH 170 connection to remove the traffic signals. Completion of these projects will provide a freeway section from 1-35 E in Dallas to 1-35 W on SH 114. Mr. Hawk said, "The one new piece is the request to seek funding to extend [FM] 1938 from its terminus now at [FM] 1709 north up the Randol Mill right-of-way through Westlake and to the connection there to the new interchange that has been proposed there on [SH] 114.' The section of FM 1938 to SH 114 has been on the "to do" list to expand since 1977 and has been scheduled for improvement in Southlake since 1988 as a major arterial. Mr. Hawk said that the City was made aware late last year that the State might have additional funding available for the expansion project. He said it was talked about by Council at the February meeting and an article appeared in the Fort Worth Star Telegram in early March. The City has been working with the Metroport Partnership organization, which consist of eight cities, four school districts, and chambers of commerce, in the area between DFW Airport on the east and Alliance Airport on the west, to solicit support from other communities for the road projects. Mr. Hawk said that there is need to "fu'm up the projects" since they have now been placed on TxDOT's agenda for consideration in September. Since the expansion of FM 1938 to SHll4 is the only new project added to the projects being petitioned to the State, Council was seeking input from its citizens through the public meefmg held last month. Mr. Hawk said regarding the next steps, "If we are able to get the three cities that are impacted, the Town of Westlake, the City of Keller, and the City of Southlake, to approve resolutions to support that, then we will take it to Austin to the Commission. If they approve the funding, the next step is to start the geometric design of the roadway, start surveying, try to determine the exact location of where the roadway Regular City Council Meeting Minutes of August 4, 1998 - Page 9 of 37 would be." "We know that through the City of Southlake and the Keller area, we are looking at the existing right-of-way of Randol Mill plus some distance to the west. If it is designed as a Farm-to-Market road cross-section, we're looking at a right-of-way of 140 feet, which would produce a cross-section that would look like [FM] 1938 or Davis Boulevard as it goes south of [FM] 1709. The difference being that it would have a median in the middle that would be twenty-four foot and landscaped.' He expla'med the difference between what it would look like if improved as a State Farm-to-Market road versus the improvements made as a City road. The City's improvements to FM 1938, which were approved by Council in 1988 and subsequently updated twice since, call for five-lanes of pavement, with a 94-foot right-of-way, whereas the State's improvements call for basically six-lanes of pavement, with a 24-foot median and a 140-foot right-of-way. Mr. Hawk then explained the funding aspect of the project. If the State approves funding of the project, which is estimated to cost $15-16 million for the 3.6 miles from FM 1709 to SH 114, funding of the construction portion would come from the State, funding for the right-of-way would come from the County, and the three cities would share in the cost of the plans preparation which would be approximately $300,000. In summary, Mr. Hawk said the City wants citizen input and will try to address concerns of citizens and will continue to look at their issues before the Council holds the public hearing and considers the resolution at the next Council meeting. Any questions can be addressed to either City Manager Curtis Hawk or Director of Public Works Bob Whitehead. Staff has general location maps and sample cross-sections available for the public to review. Councilmember Martin stressed that the State's cross-sections design include sidewalks and/or trails on both the east and west sides of the roadway, whereas FM 1938 south of FM 1709, does not have sidewalks or trails. Mr. Mart'm said, "One of the points that is very important to our citizens that live to the north of FM 1709 is the fact that we are changing the cross- sections so that we include mechanisms for people to safely cross the street and to traverse north and south along the road on paved sidewalks, which is very important for safety.' The following citizens addressed Council regard'mg Item 1 l-C: Robert Downard, 1255 Randol Mill Road, Southlake, Texas, questioned "the crystal bailing' of the plans for the road. Mr. Downard said, "In a few years the whole direction may change on our transportation. I have a great concern for my neighbors. The impact on me will probably be less than many. It will destroy our community. I question the safety issue. I don't know of a great many of accidents that have occurred - I know there are bad drivers that are sailing up and down through there, but just to improve the road for bad drivers is just the same thinking of let's legalize marijuana because everybody's smoking it except four people.' Mr. Downard addressed the funding issue. He said, "It is your money. Any tax monies that is involved, we have all paid." Mr. Downard stated he feels the citizens would have a less expensive .job if the City paid for it. Mr. Downard presented a description of the DuBoise family property which he described as "a huge Japanese garden of the best sort" stating he Regular City Council Meeting Minutes of August 4, 1998- Page 10 of 37 feels "it would be a crime to take it out." Mr. Downard concluded saying "he likes it as it is," that he would be back at the next meeting, and that he appreciated being aloud to speak. Mr. and Mrs. Quintin K. Collins, 1785 Kingswood Drive, Southlake, Texas, chose not to address Council at this time, but wish to be recorded as opposed to the project. Mr. and Mrs. James Jenkins, 985 Randol Mill Avenue, Southlake, Texas, stated he had been aware of the expansion project since 1977, before he purchased his property, and said, "I have been waiting for it to happen all these years and I'm ready for it to happen now." Bill Spivey, 1520 Randol Mill Avenue, Southlake, Texas, stated he lives in the area of Randol Mill Avenue known as "the crash zone - the area right after the hill, where the road makes a right and everybody crashes through my fence.' Mr. Spivey said he was concerned that the City Council might be getting the same message as the newspaper reporter who attended the meeting on Sunday, which was that everyone at that meeting was against the road project. He said, "I don't know of anybody who wants to lose the nice country lane that we used to have 25 years ago, but the thing is, we've already lost the country lane." Mr. Spivey commented on the accidents which occur on Randol Mill and said he feels that "the road is very dangerous" and that there are "dangerous drivers" on it. He said his neighbor, Mrs. Caster, who lives closest to the "crash zone" has rubbed the 911 number off her phone cause she's called it so many times! Mr. Spivey feels that by straightening out the road it would give the unsafe drivers a straight path to navigate instead of encountering curves. He said that he believes that most people on the right-of-way do prefer that the State handle the acquisition of the property instead of the City. He explained that the State would use gasoline taxes to acquire the ROW, whereas if the City had to purchase ROW, they would use city taxes which would mean the property owners would be "taxed twice" to build the road. Mr. Spivey talked about how the project has impacted the property values. In conclusion, Mr. Spivey asked the Council to support the project with the State and noted that he believes 60-70% of the people with property in the DMZ (demolishing zone) support the State funding the project. He clarified that does not mean they are "for" the road coming through, but believe that this option is "the best of the bad choices.' Fred Joyce, Randol Mill Avenue, Southlake, Texas, stated he has built two houses on Randol Mill Avenue, one in 1979 and one in 1981, and set them 150-feet offthe road because he was aware of the road extension. Mr. Joyce said, "I don't like the idea of it being the busy road it is, but I think we are going to have to do something to increase the capacity of it - it's bad.' Mr. Joyce said he was not only required to dedicate right-of-way on Randol Mill when he developed Myer's Meadow, but was required to set the houses back 50-feet to accommodate the future expansion of the road. He said it has not been any secret that the expansion was planned and he believes the road has to be improved. Mr. Jbyce said he does oppose the plans for a median -- he does not like a divided road and sited the example of Wm. D. Tate Road in Grapevine. Joy Clark, Randol Mill Road, Southlake, Texas, stated she has property in fi:out of an industrial park, with trucks entering and existing off Randol Mill Road 24-hours a day, and Regular City Council Meeting Minutes of August 4, 1998 - Page 11 of 37 believes "the road is dangerous - it does need to be improved." Ms. Clark said she does oppose the divided median and feels like it would be unsafe. She said she has concerns with the trucks crossing over the median to make turns into the business. She concluded that she is for the road being widened and "would like to see the State do it." Mayor Stacy commented on the citizens concerns. In addressing the median issue, he said the State and city representatives wanted to build the best looking Farm-to-Market road improvement and thought it might be more palatable to citizens if it looked good. For safety reasons, the State requires a minimum 24-foot median, rather than a 12-foot one. City Manager Curtis Hawk stated that after the initial geometric drawings and surveys are done, there may be some areas where the median may not be needed. He further commented that if the State approves funding in September, it would probably be another year before the public hearing process begins and it is known exactly where the rights-of-ways and medians will be. There will be environmental and impact studies done on the design, once it is approved. Mayor Stacy commented about the funding issues. He said he agreed with Mr. Spivey's comments about the double taxation and said, "The reason we took advantage of bringing this forward right now, is because we know that the State of Texas is getting $750,000,000 more from the Federal Government in Discretionary Funds than they thought they were going to get. And we know that there will be requests from all over the State. This is a small, $12-$15 million project, but one that's been on the County's books a long time and the TxDOT people's plan. So, it is just an opportune time, maybe a small window, if the citizens decide they want to support this and if the three cities go forward, we might get the $15 million." Mayor Stacy said the road is going to go there - "it is just a matter of when, who's going to pay for it, and what it's going to look like." The Metroport organization has asked all three cities involved to pass resolutions this month in support of the funding proposal in order to make the September 24~ meeting with the State. Bob Hart, Kingswood Drive, Southlake, Texas, stated he is opposed to the project. Mr. Hart said he believes it would have a significant negative impact on his neighborhood. He said he attended the SPIN meeting and listened to all the arguments. Mr. Hart is concerned about the traffic and safety hazards and said, "A five lane highway will significantly impact our neighborhood." He said he has not heard of any allowance for the properties off the road, how they will be improved with this project, and how it will not impact their standard of living. Mr. Hart stated, "I think it will have a significant impact on people's property values..." Doris Downard, 1255 Randol Mill Road, Southlake, Texas, stated that her neighbor was told in 1964 by her realtor that the road would be widened some day. Mrs. Downard expressed her opinion about the comments she heard about Randol Mill Road being so dangerous. She said, "That road is dangerous, as is any other road when people do not drive safely." Mrs. Downard described a situation which occurred recently where citizens parked their cars on the road and she commented, ~I would say parking in the road and letting others come around you, if that's not dangerous, it's certainly is not the habit of a person that wants to call it a dangerous road." Mrs. Downard then cited several fatal accidents which have occurred on Regular City Council Meeting Minutes of August 4, 1998 - Page 12 of 37 Davis Boulevard and other highways that were widened to be made "safer." She said that speed contributes to "death" and concluded by saying, "do not call it safer, when it is faster.' A resolution and some additional data will appear on the August 18 Council agenda for approval. If approved by all three cities, Metroport will proceed with their presentation to TxDOT on September 24. The citizens were encouraged to contact Greg Last, Director of Community Development, with any questions or concerns on this item at fax number 488- 9370. It was noted by Mr. Hawk that during the last three years, there have been 47 accidents on the section of Randol Mill Avenue which is proposed to be expanded. Mayor thanked the citizens for their input and encouraged them to discuss it with their neighbors and to attend the next Council meeting when it will be voted upon. Mayor Stacy called a recess at 8:10 p.m. The meeting was reconvened at 8:20 p.m. Agenda Item /fT-A~ Ordinance No. 480-281, 2nd reading, (ZA 98-045) Rezoning and Concept Plan for The Woods Ordinance No. 480-281, 2r~ reading, (ZA 98-045), Rezoning and Concept Plan for The Woods, on property legally described as The Woods, an addition to the City of Southlake, Tarrant County, Texas, according to the plat recorded in Cabinet A, Slide 3432, Plat Records, Tarrant County, Texas, and being approximately 17.083 acres. Location: Southeast comer of the intersection of Florence Road and Pearson Lane. Current zoning is "SF-1A' Single Family Residential District, with a requested zoning of "SF-20A' Single Family Residential District. Applicant: Fred Joyce-Mary Myers Enterprises, Inc., Owner: V.T. Cross. SPIN Neighborhood #15. Continuation of the Public Hearing. Zoning Administrator Karen Gandy asked to forgo the presentation of this item since it had been presented several times before and there were no changes since the Council's last meeting. Fred Joyce, President, Fred Joyce-Mary Myers Enterprises. Mr. Joyce stated he did agree to do the wrought iron fencing along Randol Mill Road, putting rock column~q on the property lines and one in between, which would place one column approximately every 50 feet. Mr. Joyce mentioned he closed on his Trailbead Addition project today and would like to develop this subdivision at the same time, which would allow him to tie the drainage of the two together and would be more cost effective. He said a letter in support of The Woods was received from a property owner with one-acre. Mr. Joyce said he was open to any suggestions that might be feasible to make the project work. Mayor Stacy stated that since this project first came to Council, there has not been a full council. The item did pass on the 1~ reading at Council. Mayor Stacy asked if there were any questions or suggestions for Mr. Joyce. Regular City Council Meeting Minutes of August 4, 1998 - Page 13 of 37 Councilmember Martin said he had made many suggestions but that Mr. Joyce was not able to accommodate any of them. PUBLIC HEARING: Mayor Stacy opened the continuation of the Public Hearing. Carolyn Morris, 403 St. Charles Court, Southlake, Texas, stated she liked the original plating and zoning of the one-acre plus lots and that she knew someone who would like to buy the property now. Bob Couch, 2535 Union Church Road, Southlake, Texas, stated he is the real estate broker on the proposed property and that there are no contract offers on the property at this time other than Mr. Joyce's. Mayor Stacy closed the Public Hearing. Councilmember Debra Edmondson made a motion to deny ZA 98-045 [Ordinance 480-281]. Motion: Second: Ayes: Nays: Approved: Edmondson Kendall Edmondson, Kendall, Martin Evans, Moffat, Stacy 3-3 vote to deny rezoning and concept plan for The Woods The motion to deny the request failed. City Attorney Debra Drayovitch said, "If there is no motion, it still doesn't pass - the zoning stays the same, it doesn't change." Councilmember Evans made a motion saying, "I move that we approve Ordinance 480-281.' Motion: Evans Second: Moffat Ayes: Evans, Moffat, Stacy Nays: Kendall, Martin, Edmondson Approved: 3-3 vote. The motion to approve the request failed; thus, no action on this item. The existing zoning stays in place. Note: Approval of the plat was subject to the approval of the zoning request. Mayor Stacy asked Mr. Joyce if he had any questions. Mr. Joyce asked if he could propose a configuration with 24 lots? Mayor Stacy asked City Attorney Drayovitch if it would be appropriate for someone to make a motion to limit the number of lots to a maximum of 24? Ms. Drayovitch commented that since there had been a motion to deny and one to approve, both of which failed, it was not a subject for reconsideration because there had been no motion "carried." She said it would be appropriate for someone to make a motion with additional conditions if that were their desire. Regular City Council Meeting Minutes of August 4, 1998 - Page 14 of 37 Councilmember Evans made the motion [to approve with a maximum] of 24 lots [to be determined]. Motion: Second: Ayes: Nays: Approved: Evans Moffat Moffat, Evans, Stacy Kendall, Martin, Edmondson 3-3 vote. The motion to approve the request for a maximum of 24 lots failed; thus there is no action on this item and the existing zoning stays the same. Councilmember Edmondson asked if this specific zoning case would continue to come back to Council? Mayor Stacy said this case is over. Agenda Item g7-B~ Ordinance No. 480-285~ 2ua readlng~ (ZA 98-068) Rezoning on property legally described as a portion of Lot Ir Rougemont Ordinance No. 480-285, 2n~ reading, (ZA 98-068), Rezoning on property legally described as a portion of Lot 1, Rougemont, an addition to the City of Souttdake, Tarrant County, Texas, according to the plat recorded in Cabinet A, Slide 1605, Plat Records, Tarrant County, Texas, and being approximately 2.842 acres. Location: Approximately 350' south of the intersection of Brittany Court and North Peytonville Road and approximately 1,250' east of North Peytonville Road. Current zoning is "RE" Residential Estate District, with a requested zoning of "SF-1A' Single Family Residential District. Applicants and Owners: Sharon and Yves Meyer. SPIN Neighborhood #11. Zoning Administrator Karen Gandy presented the case saying it is located at the rear or eastern portion of Dr. Meyer's property. It will be accessed through the Laurelwood Addition to the south. Seven (7) notices were sent to property owners within the 200' notification area and there have been no written responses received. The Planning and Zoning Commission recommended approval of the request on July 9, 1998, with a 6-0 vote. Council recommended approval as a consent agenda item on July 21, 1998, with a 5-0 vote. She stated a plan or exhibit was not required with this application. Sharon Meyer, 1925 North Peytonville, Southlake, Texas, applicant, presented her request to Council stating it would allow access to their rear property and allow the piece to be a separate lot that could be sold at a later date to accommodate a one dwelling unit on a three-acre site. PUBLIC HEARING: Mayor Stacy opened the Public Hearing. Being no comments from the public, Mayor Stacy closed the Public Hearing. Councilmember Debra Edmondson made a motion to approve ZA 98-068 [Ordinance 480-285, second reading]. Regular City Council Meeting Minutes of August 4, 1998 - Page 15 of 37 Motion: Second: Ayes: Nays: Approved: Edmondson Martin Moffat, Martin, Edmondson, Evans, Kendall, Stacy None 6-0 vote. Agenda Item #7-C~ ZA 98-071~ Site Plan for proposed Lots 3R2~ Block Ir Georgetown Park ZA 98-071, Site Plan for proposed Lot 3R2, Block 1, Georgetown Park, on property legally described as a portion of Lot 3, Block 1, Georgetown Park, an addition to the City of Southlake, Tarrant County, Texas, according to the plat recorded in Cabinet A, Slide 4216, Plat Records, Tarrant County, Texas, and being approximately 0.84 acres. Location: Approximately 800' east of South Kimball Avenue, approximately 200' south of East Southlake Boulevard (F.M. 1709), the second lot back from the actual frontage. Current zoning is "C-2' Local Retail Commercial District. Applicant: Realty Capital Corporation. Owner: Georgetown Monticello Partners, Ltd. SPIN Neighborhood #7. Zoning Administrator Karen Gandy made a presentation stating nine (9) notices were sent to property owners within the 200' notification area with one written response received from: Gary Price, Liberty Bank, 2438 East $outhlake Boulevard, Southlake, Texas, in favor of the request. The Planning and Zoning Commission recommended approval at their July 23, 1998 meeting, subject to staff review comments and certain conditions listed in the memo. Ms. Gandy informed Council that a copy of the revised plan along with staff's revised comments dated July 31, 1998 was in their Council packets. She asked that Item #3 on the staff review summary be corrected to say, "Correct the lot numbers on the graphic to correspond to the approved plat.' Councilmember Kendall asked Ms. Gandy why the applicant wanted to reduce all the bufferyards? Ms. Gandy explained that there are some common access easements in the area and the applicant is simply moving them into a closer location to the buildings and will actually apply the same plantings at that location rather than at the perimeter of the property. The applicant was not present. PUBLIC HEARING: Mayor Stacy opened the Public Hearing. Being no comments from the public, Mayor Stacy dosed the Public Hearing. Councilmember Martin made a motion to table Case ZA 98-071 until the next City Council meeting since the applicant was not present. Motion: Martin Second: Edmondson Regular City Council Meeting Minutes of August 4, 1998- Page 16 of 37 Discussion between Councilmembers resumed before a vote could be taken. Councilmembers discussed the significance of taking action on an item without the applicant being present and the type of precedence it would set. Mayor Stacy questioned whether the applicant was asking for anything significantly different from the first reading? Director of Community Development Greg Last responded, "Should the Council be in favor of a motion 'in favor' in accordance with P&Z's recommendation, it should not give them a problem." Councilmember Kendall asked staff about the development's parking situation, if it had been worked out? Director Last responded that the parking issue was resolved per Item #2 [in the Site Plan Review Summary dated 7/31/98], that the developer must provide a reciprocal parking agreement on the parking prior to the issuance of a building permit. There is an excess of parking in some of the sites. In an effort to allow time for the applicant to be called and arrive at the meeting for consideration of this item, Council agreed to delay consideration of the item until later in the evening. Councilmember Martin made a motion to remove his previous motion to "table." Counciimember Edmondson asked to remove her action of "seconding" the previous motion. There was no vote taken. Agenda Item #8-A~ ZA 98-048, Preliminary Plat of The Trailhead ZA 98-048, Preliminary Plat of The Trailhead, on property legally described as being Tracts 6A, 7A and 7B, situated in the J.J. Freshour Survey, Abstract No. 521, and being approximately 19.006 acres. This plat proposed 27 residential lots and 1 common area. Location: North side of Johnson Road approximately 180' east of Warrington Lane. Current zoning is "AG" Agricultural District. Applicant: Fred Joyce-Mary Myers Enterprises, Inc. Owners: Jack Johnson (Tracts 7A and 7B) and Hollis Johnson (Tract 6A). SPIN Neighborhood//15. Zoning Administrator Karen Gandy presented this item. She stated the current zoning is "SF- 20A' Single Family Residential. Twenty (20) notices were sent to property owners within the 200' notification area and three (3) written responses were received from: Harvey Fornof, 705 Suellen Circle, Colleyville, Texas, in favor; Dennis Kelley, 625 Katelyn Lane, Roanoke, Texas, opposed; and, Tony tOcepikow, 2813 Still Meadow Road, Irving, Texas, in favor. Ms. Gandy informed the Council that the Planning and Zoning Commission had "tabled" this item several times and on July 23, 1998, recommended approval with a 6-0 vote, subject to staff's revised review comments dated July 23, 1998, modifying Item #2c to read: "Staff recommends that easements be located adjacent to the ROW's or in existing easements where possible as necessary in order to preserve existing trees.' Regular City Council Meeting Minutes of August 4, 1998 - Page 17 of 37 Councilmembers discussed the issues that were raised pertaining to Lot 15 shown on the preliminary plat. The following comments and opinions were made: Councilmember Mart'm recalled that at the time the zoning was passed by Council, Council requested the developer to provide the engineering for the flood plane and floodway calculations on the engineer's drawings when platting the property. However, the exhibit attached to the current preliminary plat request, was identical to the one submitted at the time of the zoning request. Councilmember Edmondson stated that Council's previous motion on the zoning specifically requested that if the developer did not have 20,000 sq. ft. of buildable area on Lot 15, it would be put in the common area. Fred Joyce, President, Fred Joyce-Mary Myers Enterprises, stated he understood the study was required before final plat, not before preliminary plat and that it would take engineers at least six to eight weeks to complete. He said he was operating under the restriction that he must have 20,000 sq. ft. of buildable area in the lot that is not in the flood plane and that he did not have a problem with complying with that restriction. Mr. Joyce also said he did not have a problem with the "15-foot from flood plane" pad site restriction. He confirmed that the plat was the same one that was presented at the zoning stage. Councilmember Edmondson asked what would happen if Mr. Joyce submitted the same drawing showing Lot 15, the Planner reviewed the final plat and determined that the lot was still not 20,000 sq. ft. of buildable area, can Planning and Zoning Commission, if for whatever reason the developer decides he needs the lot, can they deny that final plat.9 City Attorney Debra Drayovitch responded, "Yes, but if they have approved this one, with this configuration, it is a mute point argument.' Mayor Stacy asked if the P&Z Commission could approve it with less than 20,000 sq. ft. of buildable land out of the flood plane on the lot, if the Council put a stipulation on the Preliminary Plat? Does P&Z have the authority then to override the Council and approve the lot with less than 20,000 sq. ft. of buildable area? Mayor Stacy said, "...that P&Z can do whatever they choose. We have to trust that they would make the right decision.' City Manager Curtis Hawk asked the City Attorney, "If there is a notation on the Preliminary Plat on Lot 15 that it will not be built upon, then does that take care of it?" Ms. Drayovitch responded, "If that is reflected as part of the vote and is on the comments to the plat." Mr. Hawk addressed the applicant with the question, "Would you make it a notation on the lot on the Preliminary Plat?" Mr. Joyce responded that he did not have a problem doing that. Regutar City Council Meeting Minutes of August 4, 1998- Page 18 of 37 Mr. Hawk clarified the comments by saying that if the notation was put on the revised preliminary plat, that at final plat, the condition would still be there. Councilmember Edmondson said she was concerned about Council approving a plat that shows a Lot 15, and there being a "gray" area for compliance. City Attorney Drayovitch responded to Councilmember Edmondson's concern saying, "I think final plats failing through on conforming with approved preliminary plats - is that what you're referring to?' Mr. Hawk said the final plat needs to conform to the preliminary plat. He asked "if all other conditions are met and the notation is on the plat itself, does that then lock it down?" Ms. Drayovitch responded, "At the final plat stage, the Commission would have that discretion." Councilmember Edmondson asked what the developer's issue was with Council, in view of the fact that he had the zoning approved and had seen Council's commitment? She asked Mr. Joyce what his concern was with putting this request off a meeting? Mr. Joyce said he "needed the preliminary plat approved" and that he was going to do whatever he said he would do regardless of whether the restriction was stated on a preliminary plat. If Lot 15 did not have 20,000-sq. ft. of buildable area that is not in the flood plane, then he would not build on that lot. Councilmember Martin said he believes that the motion ailowing a 20,000 sq. ft. minimum was a good motion if Mr. Joyce was agreeable to comply with it and the City Attorneys felt that it was something that Council could direct the P&Z to use as their guideline for approvai of a plat. He said it all comes down to trust and aithough he was apprehensive about doing something on trust, he did not have a good reason to say no. Councilmember Edmondson said, that in her opinion, the right thing to do is to table the request until the flood plane calculations could be submitted because that was what had been required of other developers. She did not feel that Mr. Joyce had provided a good reason why the request should be approved without the information that was requested by Council at the last meeting. Mayor Stacy said he agreed with Councilmember Martin, that it did come down to trust. Mr. Stacy said, "I don't like the implication that we don't trust a man that has lived here longer than any of us and every development he's ever done, he's done what he said he would do and he's saying that he will put it [restriction on Lotl5] on the print, he'll do whatever he says --- put in writing if that makes you feel better. But, I've never known the man not to do what he said he will do and I resent the fact that what you are asking him to do, he says he will do, then you don't want to move ahead." Councilmember Edmondson responded that it does not have to do with trust - it's business. She said requiring other developers to do the same was not because Council Regular City Council Meeting Minutes of August 4, 1998 - Page 19 of 37 didn't trust them. She stated she disagreed with the Mayor, that it had to do with wanting to make sure that what gets approved was the best thing and that she did not feel it was an unreasonable request to ask Mr. Joyce to table until he could submit the flood plane numbers. Mayor Stacy asked staff if the City required FEMA figures be shown on most preliminary plats? Director Last said this was the first, to his knowledge. Councilmember Martin stated that in order to keep good faith in the community and trust alive in Southlake, he was making a motion to approve case 98-048 pursuant to Plat Review Summary Letter St 4, dated 7/23/98; directing the applicant to place a note upon the plat indicating that Lot 15, Block 2, must have a minimum of 20,000 sq. ft. of lot area outside the flood plane, and also indicating that no building pads would be within 15 feet of the flood plane. Motion: Martin Second: Evans Ayes: Martin, Evans, Kendall, Moffat, Stacy Nays: Edmondson, Approved: 5-1 vote. Agenda Item #8-B~ Ordinance No. 480-286, 1't reading, (ZA 98-073) Rezoning for Sheltonwood Ordinance No. 480-286, 1st reading, (ZA 98-073), Rezoning for Sheltonwood, on property legally described as Tracts lA and 1C1A situated in the Joel W. Chivers Survey, Abstract No. 350, and Tract 2B1 situated in the James L. Chivers Survey, Abstract No. 348, and being approximately 24.225 acres. Location: North side of East Dove Street approximately 125' east of Ridgecrest Drive. Current zoning is "AG" Agricultural District with a requested zoning of "SF-IA" Single Family Residential District. Applicant: Four Peaks Development, Inc. Owners: Charles and Elaine Bell and John Shelton. SPIN Neighborhood $$3. Councilmember Martin stated pursuant to the Council's work session he was making a motion to table case ZA 98-073 [Ordinance No. 480-286]. Motion: Martin Second: Evans Ayes ~ Nays: Approved: A vote was not taken at this time. It was noted for the record, that the applicant, David McMahan, representing Four Peaks Development, was present, and that he would be ready to present this item at the next Council meeting. Councilmembor Martin modified his motion to reflect that case ZA 98-073 [Ordinance No. 480- 286] be tabled until the next City Council meeting. Motion: Martin Second: Evans Regular City Council Meeting Minutes of August 4, 1998 - Page 20 of 37 Ayes: Nays: Approved: Edmonds#n, Evans, Kendall, Moffat, Martin, Stacy None 6-0 to table ZA 98-073 until the next Council meeting [August 18, 1998]. Agenda Item #8-C~ ZA 98-074, Preliminary Plat for Sheltonwood ZA 98-074, Preliminary Plat for Sheltonwood, on property legally described as Tracts lA and 1C1A situated in the Joel W. Chivers Survey, Abstract No. 350, and Tract 2B1, situated in the James L. Chivers Survey, Abstract No. 348, and being approximately 24.225 acres. Location: North side of East Dove Street approximately 125' east of Ridgecrest Drive. Current zoning is "AG" Agricultural District. Applicant: Four Peaks Development, Inc. Owners: Charles and Elaine Bell, and John Shelton. SPIN Neighborhood #3. Regarding a motion on the preliminary plat request, City Attorney Debra Drayovitch stated, "With the 30-day plat rule, the applicant either needs to request the tabling or the Council needs to seriously consider making a motion to deny it." Ms. Drayovitch explained since the zoning was tabled [preceding agenda item], this item would ne~ed to be denied because it would not meet the zoning requirements. David McMahan, 1335 Hidden Glen, $outhlake, Texas, representing Four Peaks Development, applicant, stated that under the circumstances, because of the plat rule and understanding the Council's desire to have better information as it relates to drainage, the applicant requested this action be tabled [to September 1, 1998, which would allow time to resubmit plans for plat, which would put the 1st reading of the zoning ordinance on the August 18th agenda, and put the 2nd reading of the zoning ordinance, along with the preliminary plat on September 1, 1998 agenda]. Councilmember Martin made a motion to table until September 1, 1998, case ZA 98-074, at the request of the applicant. Motion: Second: Ayes: Nays: Approved: Martin Evans Evans, Kendall, Moffat, Martin, Edmonds#n, Stacy None 6-0 vote to approve tabling of ZA 98-074, preliminary plat for Sheltonwood until September 1, 1998. Agenda Item #8-D, Ordinance 480-287, 1~t reading, (ZA 98-075), Rezoning for Loch Meadow Estates Ordinance 480-287, 1st reading, (ZA 98-075), Rezoning for Loch Meadow Estates (originally submitted as Wildwood), on property legally described as Tract 2B and a portion of Tract 2B1 situated in the Rees D. Price Survey, Abstract No. 1207, and being approximately 30.058 acres. Location: Appmxinaately 250' east of the intersection of Ridgecrest Drive and Woodland Drive. Current zoning is "AG" Agricultural District with a requested zoning of "SF-lA" Single Fam'xly Residential District. Applicant: Larry Cole Investments. Owners: Anthony and Jo Ann Scamardo. SPIN Neighborhood #3. Regular City Council Meeting Minutes of August 4, 1998 - Page 21 of 37 Zoning Administrator Karen Gandy presented this case stating thirteen (13) notices were sent to property owners within the 200' notification area and only one written response had been received from: Eric and Sue l~Vong, 3007 Ridgecrest Drive, Southlake, Texas, opposed as stated in the July 31, 1998 staff report memo. John Levitt, Levitt Engineering, 726 Commerce Street, Suite 124, Southlake, Texas, was present representing the applicant and to address any questions from Council. Mr. Levitt answered Councilmember Evan's question about the piece of property which is shown on the exhibit map as belonging to the Corps of Engineer. Councilmember Martin made a motion to approve case ZA 98-075 [Ordinance 480-287]. Motion: Second: Ayes: Nays: Approved: Martin Evans Kendall, Moffat, Martin, Edmondson, Evans, Stacy None 6-0 vote to approve ZA 98-075, rezoning for Loch Meadow Estates Agenda Item #8-E, ZA 98-076~ Preliminary Plat for Loch Meadow Estates ZA 98-076, Preliminary Plat for Loch Meadow Estates (originally submitted as Wildwood), on property legally described as Tract 2B and a portion of Tract 2B1 situated in the Rees D. Price Survey, Abstract No. 1207, and Lot 12-R-3-A, Block 4, South Lake Park, an addition to the City of Southlake, Tan'ant County, Texas, according to the plat recorded in Cabinet A, Slide 2791, Plat Records, Tarrant County, Texas, and being approximately 31.412 acres. Location: East side of Ridgecrest Drive approximately 600' south of the intersection of Ridgecrest Drive and Woodland Drive. Current zoning is "AG" Agricultural District and "SF-IA" Single Family Residential District. Applicant: Larry Cole Investments. Owners: Anthony and Jo Ann Scamardo and Larry Cole Investments. SPIN Neighborhood #3. Zoning Administrator Karen Gandy presented this case. Fourteen (14) notices were sent to property owners within the 200' notification area and one written response was received fi'om: Eric and Sue Wong, 3007 Ridgecrest Drive, Southlake, Texas, opposed for reasons stated in the memo of July 31, 1998. Ms. Gandy reported that P&Z took action to approve this item on July 23, 1998 with a 6-0 vote, subject to Plat Review Summary No. 1, dated July 17, 1998, modifying Item #Sd requiring the sanitary sewer line, the drainage easement, and the public access easement be moved to the southeast comer; amending Item #Sh from 10" to 10'; deleting Item #7b and accepting as shown; deleting Item #9a (two planned points of access); amending Item #9b granting relief to the maximum length and adding a 25' offset of the street to the east between Lots 9 and 13; and adding Item #12 (designating a public access easement within the residential lots or designating it as a common area with a lot number). Regular City Council Meeting Minutes of August 4, 1998 - Page 22 of 37 Councilmember Kendall asked if any of the development was in the flowage easement? Director Last responded that portions of the eastern part of the property was within limits of the "572," the flowage easement for Grapevine Lake. Zoning Administrator Karen Gandy addressed Mayor Stacy's question about another entrance to the addition. She said that previously there had been submitted a plan with another access, but the current plan was not submitted with one. Director Last explained that the property to the north and west are platted lots and the property to the east is Corps property. He said there was not a viable second point of access on the northern end of the property. Councilmember Martin said when he investigated the area to determine if there was another area for access he found that some properties in the northern region consisted of multiply lots for horse corrals and out-buildings. It was noted that the area between Lots 5 and 6, was designated as a common area to provide pedestrian traffic access to the Corp land. It could be a connection point in the future for a trail system or equestrian access to the natural area. It is an easement, not a road. It is shown as a common lot area and the homeowners association will be responsible for maintaining it. If it was a public access, then the City would have to maintain it. Placement of some sort of barricades would prevent automobile traffic. The Park Board may be interested in pursuing. John Levitt, Levitt Engineering, 726 Commerce Street, Suite 124, Southlake, Texas, was present representing the applicant and to address any questions fi.om Council. Mr. Levitt said the applicant had no problem with complying with Items 1-6a of Staff Review Letter #2, dated July 31, 1998. He did request that Items 6b, 7a, 7b be deleted as they were recommended by P&Z. Also, P&Z requested the developer make an alignment on the no,ch section by shifting the road to the east twenty-five feet, which had been done. P&Z also asked the developer to drop the 45' access easement towards the southeast comer which had been done. Councilmember Martin asked Mr. Levitt if from an engineering standpoint, if it might not be more feasible, to move the westerly arc further north and put the new easterly arc further south so that the street lines up more in line with the "pucker" area on the eastern side, thus producing a more nniform lot width, fi.om the street to the property line? Mr. Levitt responded that it did not affect anything on the plat, but they could look into it. He explained the road alignment and the curves that were inserted upon P&Z's recommendation. Councilmember Martin asked Mr. Levitt to address the two storm sewer easements shown on the eastern side of both the cul-de-sacs, and asked if there was a problem with realigning those major 25' easements. Mr. Martin said it would be very beneficial to put the easement in the public access and drainage easement just north. Mr. Levitt said at this stage they were trying to make sure that they had all the adequate easements should any unforeseen engineering situations arise. He said they may have to make adjustments depending on the topography map and how the final street profiles worked out. Regular City Council Meeting Minutes of August 4, 1998- Page 23 of 37 Director Last commented that one of the reasons staff made a recommendation to relocate the common area was to try to preserve the trees, so that the utility easements would not be placed through the trees and in affect, clear them out. Mr. Levitt addressed Councilmember's questions about the flood plane and explained the rationale behind the 572-towage easement requirement. Councilmember Martin commented on the 25' drainage easement shown on the northeast comer of the cul-de-sac, which cuts through the heavily wooded area and asked if it could be moved down between Lots 12 and 137 Mr. Levitt said they might be able to, but it will depend on the topography. Councilmember Martin asked Mr. Levitt if he would have a problem with relocating the utility easements from the rear of Lots 15-24 up to the street side. Mr. Levitt responded, "Yes and no" and explained it would create service problems for Tri-County Electric for some of those lots. Mr. Levitt said he would discuss with Th-County and if they were agreeable to putting the lines out fi'ont, that is what they would do. Mr. Martin thanked Mr. Levitt for his cooperation in working with the utility companies on that issue. Councilmember Edmondson requested that some of the issues discussed be inserted into the motion so that P&Z would be aware of the discussions at the final plat stage. Councilmember Martin made a motion to approve case ZA 98-076, pursuant to Plat Review Summary #2, dated July 31, 1998; deleting Item 6b; deleting Item 7a; granting relief from the maximum street length in Item 7b; accepting the alignment as purposed for the drive/street; recognizing and accepting the applicant's commitment to relocate the public access easement and the drainage easement, if at all possible, to coincide with one another at the appropriate spot [physically coincide in three-dimensional space - not have two drainage easements - pursue an opportunity to relocate the easement between Lot 4 and Lot 5]; and accepting the applicant's agreement to consider, after engineering analysis, moving the 25' drainage easement on the northeast comer southward. City Attorney Drayovitch suggested inserting language which would direct P&Z and the applicant to work to accomplish the suggested changes in the final plans. Motion: Martin Second: Edmondson Councilmember Martin requested to modify his motion to also include direction to the applicant and to the P&Z to work together on accomplishing the aforementioned goals during the final plat or prior to the final plat of the property. Councilmember Edmondson requested to modify her "second" accordingly. Motion: Second: Ayes: Nays: Approved: Martin Edmondson Martin, Edmondson, Evans, Kendall, Moffat, Stacy None 6-0 vote. Regular City Council Meeting Minutes of August 4, 1998 ~ Page 24 of 37 Mr. Levitt thanked Council and staff for their time and efforts. Agenda Item #8-F~ ZA 98-078, Plat Revision for the proposed Timarron Addition~ Village H~ Phase IB ZA 98-078, Plat Revision for the proposed Timarron Addition, Village H, Phase IB, being a revision of Lots 2 and 3 of Plum Creek Manor, an addition to the City of Southlake, Tarrant County, Texas, according to the plat recorded in volume 388-161, Page 17, Plat Records, Tarrant County, Texas, and being a portion of Tract 1 situated in the Barnett & Hollingsworth Survey, Abstract No. 797, mad a portion of Tract 1D situated in the John N. Gibson Survey, Abstract No. 591, and being approximately 6.659 acres. Location: South side of East Continental Boulevard at the intersection of Old Carroll Road and East Continental Boulevard. Currant zoning is "R- P.U.D." Residential Planned Unit Development District. Owner and Applicant: Westerra- Timarron, L.P. SPIN Neighborhood #ge. Zoning Administrator Karen Gandy presented the ease. Nine (9) notices were sent to property owners within the 200' notification area with one response received fi-om: Keith Turner, 1027 East Continental Boulevard, Southlake, Texas, opposed for the reasons stated in the Staff Report memo dated July 31, 1998. P&Z took action on July 23, 1998 to approve with a vote of 6-0, subject m Plat Review Summary No. 1, dated July 17, 1998, with the following modifications; eliminating the 1% drainage from Timarron's property to Plum Creek Manor; installing an inlet directing water out of the ditch; placing a swale on the west side of Lot 20 adjacent to Mr. Jerm'mgs' property; reducing the elevation of Lot 20 by 3' (from 4' to 1'); and/or any other measures to accomplish the goal. Councilmember Martin asked staff to describe what changes were made from the earlier preliminary plat that required a revised plat be submitted. Director Last said there had been no changes physically with the alignments of the streets and lightings. The reason for the plat is that a large portion encompasses Plum Creek Manor. There are additional lots outside of the plat that are part of Plum Creek Manor. He said in order to vacate a portion of a plat, you must have the concurrent approval of all owners within the plat. The applicant was unable to get the approval of one of the owners outside of the property, therefore they could not vacate that portion of Plum Creek Manor, so they could not file the previously approved final plat that incorporated part of Phim Creek Manor. This meant they had to divide the previously approved plat into two new plats; one final plat that P&Z had akeady approved and the current plat revision which incorporates the previously platted Plum Creek Manor lots. Richard Payne, Carter & Burgess, Inc., representing Westerra-Timarron, was present and stated they had received staffcomments dated July 31, 1998 and agree with items 1-5. Mr. Payne presented information regarding P&Z's recommendation for eliminating the drainage problems. Mr. Jennings' property is Plum Creek Manor, Lot 1, and he is the citizen who has Regular City Council Meeting Minutes of August 4, 1998 - Page 25 of 37 concerns regarding drainage. A creek traverses his property, of which a majority of the drainage comes from the Versaille addition. Wyndsor Creek also contributes to the water shed. Approximately I% of the drainage shown on the plat goes into the creek. One suggestion was a land swap with Timarron. Mr. Yetts is wilhng to discuss the swap. The developer said they are willing to lower Lot 20 by approximately 3' to help with the drainage on Mr. Jennings' property. Mr. Jennings is satisfied with the measures taken by Westerra-Timarron, but still has some concerns about the drainage from Versaille and Wyndsor Creek. Versaille developers and Mr. Payne had met with the City Engineer and Versaille has agreed to construct two rock check- dams in the channel upstream to help minimize the silt down onto Mr. Jennings' property. Mr. Payne said he respectfully request approval of this plat without any modifications to the engineering design which has been approved by the City staff and has since been built. All improvements are in and they do have substantial completion of the subdivision. Councilmember Martin asked what impact the land swap would have as far as the engineering? Mr. Payne said they would come back with a plat revision of Block 3, Plum Creek Manor, Lot 1 and Lot 2. The three lots that would be resubmitted for a plat revision or plat amendment would be Lot 1, Lot 20 and Lot 13. The small triangular lot would be transferred into Lot 20 which would allow more room for the swale. Councilmembers Martin and Moffat expressed concern about the drainage and asked if, from an engineering standpoint, the developer had verified that the water was not coming from Wyndsor Creek or some other area? Mr. Payne responded that Wyndsor Creek was included in Versaille's area drainage map when the box culvert was constructed which goes underneath Continental Boulevard. Councilmember Moffat asked what Timarron was going to do about the portion of the water nlnoff they were contributing to the subdivision? He said that until Mr. Jennings is pleased with the solution of the water drainage problem, that he did not think Council could approve the request. Councilmember Moffat asked what would be the outcome if the land swap did not go through, how would Mr. Jennings' problems be addressed? Councilmember Edmondson said that if this item was approved, it would remove Westerra's incentive to follow through with the swap with Mr. Jennings. Councilmember Moffat asked Director Last what benefit it was to the developer to vacate the plat? Director Last explained that there was no benefit other than that vacating is a little quicker and is a little cleaner from a title company standpoint. Councilmember Martin reiterated Councilmember Moffat's question, asking, "Why is this being submitted as a re-plat - what generated the requirement? Regular City Council Meeting Minutes of August 4, 1998 - Page 26 of 37 Director Last said it was because they could not get the vacation of the two lots out of the three lots due to the other owners. Director Last explained the two procedures involved in revising platted lots; a plat revision or a vacation of the previous lots. Last said the plat revision is necessary to file the final plat so that lots can be sold to builders. Couneilmember discussed the configuration of the lots in Plum Creek Manor, how the lots were laid out in relation to the drainage issues, and where the lot lines fall. Mayor Stacy asked what would actually be changed if the plat revision is approved. Director Last said, "Technically this plan changes no lighting or streets as built. This project is built and the infrastructure is in place. The plat is the same plat that was previously approved by P&Z as a final plat with the contingency that Lots 2 and 3 must be vacated. They were unable to vacate Lots 2 and 3 because of the lack of cooperation fi:om Lot 1 of Plum Creek, so they have resubmitted only those affected lots that are affected by the lot lines. The plat revision is submitted to basically clear up the revised Plum Creek platted lots. Lots 2 and 3 of Plum Creek becomes Lots 12-21." Mayor Stacy asked Director Last what happens if Council does not approve the plat revision, even though it is all built? Director Last responded that he was not certain that Council could mm it down. He said the issue of the land swap is not addressed in the Subdivision Ordinance and it's not something the City commented on. Last said if there were other issues that the applicant can't meet, that would give Council grounds for denying the request. Councilmember Kendall asked if aside fi:om the land swap, if Timarron had taken care of their portion of the drainage issue adequately? Mr. Payne responded that a drainage study had been done and it did not reveal a problem. Councilmember Moffat asked what Timarron has done to handle the 6% runoff that traverses Mr. Jennings' property? Mr. Payne said the owner has done what needs to be done. Mr. Jermings told Timarron he was concerned about water overflowing from the one-foot deep by 5- foot wide creek running through his property, which he stated he filled in to give him a better driveable crossing. Mr. Jeunings attended the P&Z meeting and was "okay" with P&Z's recommendations and also "okay" if the land swap was done. Councilmember Martin felt, after reading the P&Z minutes which addressed this request, that "P&Z was directing the City to build and maintain the "Y" culverts and other things." Mr. Martin wanted to know who would build and maintain those improvements. The applicant responded the proposal was for Timarron to build a pipe "Y" and a storm sewer pipe that would route the water that drains along Continental off of Timarron's property to empty into a creek downstream fi:om Mr. Jennings' property. That was 1% of the water shed. Timarron agreed to construct the pipe at P&Z's request. The City would have to maintain the lines as they would be in the public drainage easement. Mr. Payne speculated that this could contribute to more erosion in the creek since there would be another pipe dumping into the creek. Regular City Council Meeting Minutes of August 4, 1998 - Page 27 of 37 Councilmember Kendall asked if a staff member could tell Council what Mr. Jennings' response was to the P&Z meeting. Director Last said Mr. Jeunings mentioned to him that he thought P&Z had missed the point, that addressing the 1% drainage was not his issue. It was more of the Versaille impact on the property that concerned him. Director Last said Councilmember Kendall was right about Mr. Jennings coming to P&Z to address the City about his drainage problem, and that Timarron was just the "initiating factor." Wyndsor Creek did come up in the discussion as it is a big part of the water shed. Councilmember Martin made a motion to approve case ZA 98-078, pursuant to Plat Review Summary letter #2, dated July 31, 1998, in accordance with the motion from the Planning and Zoning Commission in their meeting of July 23, 1998. Motion: Martin Second: Evans Ayes: Evans, Kendall, Martin, Stacy Nays: Moffat, Edmondson Approved: 4-2 vote. Agenda Item #8-G, ZA 98-080, Plat Revision for the proposed Lots 4Rl~ 4R2 and 4R3~ J.G. Allen No. 18 Addition ZA 98-080, Plat Revision for the proposed Lots 4R1, 4R2, and 4R3, J.G. Allen No.18 Addition, being a revision of Lot 4, J.G. Allen No. 18 Addition, an addition to the City of Southlake, Tarrant County, Texas, according to the plat recorded in Cabinet A, Slide 1253, Plat Records, Tarrant County, Texas, and being approximately 4.297 acres. Location: Northwest corner of the intersection of West Southlake Boulevard (F.M. 1709) and Randol Mill Avenue. Current zoning is "C-3" General Commercial District. Applicant: Mark Cox. Owner: James H. Martin. SPIN Neighborhood #15. Zoning Administrator Karen Gaudy presented the case to Council. Two (2) notices were sent to property owners within the 200' notification area and no written responses were received. P&Z approved the request on July 23, 1998 with a 6-0 vote subject to Plat Review Summary No. 1, dated July 17, 1998, deleting Item #4 (perpendicular or radial lot lines), and adding Item #17 (provide a 51' R.O.W. reservation along the east portion of the property to accommodate future expansion plans of F.M. 1938 and to relocate the 50' building line from this reservation line). Mark Cox, 1039 Burney Lane, Southlake, Texas, applicant, presented his request. Mr. Cox is the owner of the Southlake Crossing Animal Chnic and has a contract with Mr. Martin to purchase Lot 4R1 to build a veterinary clinic. Mr. Cox asked Council to pass the Revised Plat and either remove the rights-of-way or come to some type of compromise or put it all into a "reservation" so he could get his request approved and move forward with his building. The applicant explained that the piece he will purchase is not directly affected by Randol Mill expansion, but since the Plat Revision must be approved according to staff, before he can get a building permit, apart of the property on the Plat Revision, is impacted by Randol Mill. Regular City Council Meeting Minutes of August 4, 1998- Page 28 of 37 Jim Martin, Newark, Texas, owner of the property, stated that several years ago when the sewer line was being installed, he offered to give the City 16' of fight-of-way if they would plat the property. Mr. Martin said the State will build F.M. 1938 and will get the fight-of-way they require, so he does not mind the reservation. He said the last he had heard was that the Lucky Lady was going to have to give up 12' of fight-of-way which would encroach into the improvements. Mr. Martin said, "It's not fair and it's not fight." Mr. Martin said the expansion will require 56' total on the west side. He said he did not have a problem with putting up the 56' reserve on the piece of property just north of the Lucky Lady. Councilmember Evans explained that putting the piece of property in "reserve" does not mean that the piece has been dedicated, it means nothing is going to be built on the property up to that point. Councilmember Evans said, "The reservation is saying don't build anything until it is set-back from the fifty feet we're talking about, so that when the Highway comes through, they will buy that land." Mr. Martin said he was asking Council to pass the plat revision with the reservation of 56 feet and not dedicate another five feet. Director Last said this revised plat encompasses all three lots - when this plat is filed it would affect the other property. Further discussions revealed that the Lucky Lady corner was sold without the benefit of legal processing. It should have been platted when it was sold and at that time the City would have required the right-of-way dedication. Mr. Last presented an exhibit of the property and defined the existing right-of-way lines, platting, how the Thoroughfare Plan impacted the property, clarified the addition of the deceleration right turn lane, pointed out the location of the right-of-way reservation lines, which is 39 feet from the 12 foot dedication line, and the set-back line from the anticipated acquisition line. Counciimember Martin made a motion to approve case ZA 98-080, pursuant to Plat Review Summary letter//2, dated July 31, 1998, amending Item//lb requiring the dedication of only five feet along the eastern property boundary; providing the applicant's agreement for the reservation of 51' to the west of the five foot aforementioned dedication and accepting the lot lines as shown on Item//3. Councilmember Martin asked Director Last if this motion covered every issue. Director Last responded, "So Item D would still require the 50 foot building line from the right-of-way reservation line? Martin said "yes." Director Last stated, "The reservation will still be shown at 51 feet and the building line will be shown fifty feet from that." Councilmember Martin added, "And the building line will not affect the current existing building, only new construction., Motion: Second: Ayes: Nays: Approved: Martin Kendall, Moffat, Martin, Edmondson, Evans, Stacy None 6-0 vote to approve Plat Revision of proposed Lots 4R1, 4R2, and 4R3, J.G. Allen No. 18 Addition Regular City Council Meeting Minutes of August 4, 1998- Page 29 of 37 Agenda Item #7-C~ ZA 98-071~ Site Plan for Georgetown Park Mayor Stacy turned attention back to Item 7-C, Site Plan for Georgetown Park, which was announced earlier in the meeting and asked if the applicant had been contacted and was present for the item to be considered at this point. The applicant was not present. Councilmember Edmondson said she had some questions that she would like the applicant to address before she could vote on the action. Councilmember Martin stated, "Being that the applicant is not here to address questions of the Council, I move that we table case ZA 98-071, Site Plan for Georgetown Park until the next City Council meeting [August 18, 1998]. Motion: Martin Second: Edmondson Mayor Stacy inserted for the legal record the note that "if the applicant is not here, we assume they are requestinl~ "tabling,' so if they don't show up, we just assume they weren't ready, which means they want to "table' it.' Ayes: Nays: Approved: Martin, Edmondson, Evans, Kendall, Stacy Moffat 5-1 vote to "table" until August 18, 1998 Council meeting. Agenda Item #10-A~ Authorization to advertise for bids for the signalization of the intersection of F.M. 1709 and Commerce Street. City Manager Curtis Hawk lead the discussion and said this item had been discussed at the previous Council meeting and was back on the agenda at the request of Mayor Stacy. He further commented that this traffic signal was included in the budget, that it was one of several intersections that warrant studies had been done on and pointed out on the exhibit the proposed alignment of Commerce Street to the new TxDOT bridge to be built at the new Northwest Highway. Mr. Hawk commented there have been no changes to the proposal since the last presentation and noted there was an accident at that intersection today. Councilmember Martin stated his disappointment that Council had not approved the light at the last meeting. He went on to voice his strong concern for the safety of the citizens and his belief that the current situation at the Commerce and F.M. 1709 intersection is extremely hazardous saying, "in matter of highways and safety - safety is paramount; convenience is not paramount - convenience is desirable, but it is not what we should be doing.' Councilmember Moffat said he agreed with Councilmember Martin that it should be "safety over convenience always,' but disagreed with why Mr. Martin wants the light installed there - - and said it should be for the convenience of the truck drivers. Regular City Council Meeting Minutes of August 4, 1998 - Page 30 of 37 Councilmember Edmondson said the point she wanted to make was that when Cornerstone Business Park was approved, she supported doing everything to protect the residents in that area. Ms. Edmonson said, "As such, one of the things I did not want to see connect there was the road from Cornerstone Business Park that now goes out to Crooked Lane. Now, I agree with Wayne and Scott that safety is the paramount issue here, and I've also heard from residents that they do not want any more trucks on F.M. 1709." Ms. Edmondson said she drove the route today, including down Crooked Lane and she foresees that at some time there will be a request for a light at Crooked Lane. She commented that one of her concerns about placing a light at Commerce is the traffic back-up and proposed as an alternate, to make Commerce a 'right-in/right-out' and put a light at Crooked Lane, because the road is already there and the trucks are already using Crooked Lane which feeds across the street into the development on the east circulation study and provides a way for the tracks to get to S.H. 114. She said she believes this would alleviate the tremendous back up at the S.H. 114 bridge. Councilmember Kendall agreed that a signal will be placed somewhere in that vicinity at some point in time, but said that until she sees development going in on the south side of F.M. 1709 at Commerce, she can not approve placing the light at the intersection. Councilmember Martin stated his feelings about the traffic back up situation and the lack of cooperation from the drivers to allow adequate space on F.M. 1709 and Commerce for traffic to turn into Commerce Business Park. He believes a light would be a good solution. Director of Public Safety Billy Campbell spoke to the Council referring Council's specific questions regarding the traffic patterns, wrecks, hackups/stacking and other issues pertaining to those streets to Sgt. Daniels. He stated the position DPS has is, they typically leave these types of issues up to the engineers, but his experience dictates that there is going to be a light needed in that area at some point. Councilmember Evans made a motion to approve the authorization to advertise for bids for the signalization at the corner of F.M. 1709 and Commerce Street. Motion: Second: Ayes: Nays: Approved: Evans Mart'm Martin, Evans, Stacy Edmondson, Kendall, Moffat 3-3 vote - no action. Agenda Item #11-A~ Discussion: Town Hall space progtmmming and CISD/COS participation in parking garage for football stadium in Town Square Town Hall Space City Manager Curtis Hawk presented the item stating the purpose was to bring Council and citizens up to date on the discussion the City has had with the Carroll Independent School District (CISD) regarding the Town Square and their participation in the Town Hall and also the developments with the stadium and the City's participation in that. Regular City Council Meeting Minutes of August 4, 1998 - Page 31 of 37 A lease agreement was sent to the CISD for approval to proceed with the facility. They have not acted on the lease agreement, but responded with a 36-point comment to the lease agreement, asking the City to look at different options. Mr. Hawk said a lot of things are fairly minor and will be brought back to Council. Some of the things they asked the City to reconsider, the City can not do. He stated he feels the biggest problem is that CISD will be a tenant in the building, not a part owner as the City originally intended. The City and Tarrant County will be part owners of the building; the school has said they will lease the space through their operational budget. There are some conditions of the CISD lease done to protect the City and County's interest in the building. Two major issues are: 1) CISD will not be able to sub-let the space without City approval; 2) the CISD would like to have design approval for the entire project. Mr. Hawk said he anticipates having the signed lease back from the CISD by the next Council meeting. Mr. Hawk clarified that the CISD has not agreed to participate in the TIF and therefore can only be a tenant in the Town Hall building. Mr. Hawk presented an alternative if the CISD does not approve the lease agreement. The City has prepared plans for utilizing the space should that happen. One option is to use the space as a library. The Library Study identified that approximately 17,000 sq. ft. would be needed for a stand alone library. About 6,000 sq. ft. of the 17,000 sq. ft. was identified as "common space." If the City does not get the signed lease agreement by the August 18, 1998 Council meeting, the City plans to go forward with an item to select an architect to proceed with the design of Town Hall and include the library in the building design. Parking Garage/Stadium Regarding the issue of the stadium, Mr. Hawk presented information about recent discussions he and the mayor had with the superintendent and the school board president. The CISD has said that although they had voted to place the stadium on a 42 acre site on Kimball, they still prefer to put it in the Town Square, but the parking is an issue with the need to have an additional parking garage to be dedicated to the football stadium. If the District is able to work out the placement of the stadium at the Town Square --- possibly putting it adjacent to the back of the Home Depot --- then there still is the issue of the parking garage. The TIF, Phase II project plan contains a proposal for a parking garage to be shared equally by the City, the District and the County and utilized by people coming into Town Hall, which would include the employees, tenants and those using the remainder of the Town Square development site. The additional parking could be used by others as a revenue producer to help pay off the parking garage. Mr. Hawk told the CISD that he would ask Council to consider moving the construction of the parking garage up in the plans, if the CISD made the decision to put the stadium in Town Square and all issues could be worked out, so that the garage could coincide with the development of the stadium. Mr. Hawk said a second garage would still be needed. The CISD has asked if over time, the City would be able to build the second garage with the TIF funds? Mr. Hawk's response to them was, "If you participate in the TIF, CISD, then you could build the second garage with your TIF funds." He stated there is a possibility at a later time that the City could participate Regular City Council Meeting Minutes of August 4, 1998 - Page 32 of 37 with the CISD in building the second garage, but not something the City can do in the short term. The CISD's response was they are not sure they can be in the TIF, or that if they were in the TIF, they would do anything other than fund the Town Hall participation. In summary, the City will investigate ways the parking garage planned for Phase II could be moved up in the project. The CISD has not yet committed to be in the TIF. They have only committed to participate in the TIF at zero participation. They have not committed any TIF funds to any of the projects. The council talked about the advantages the CISD could have by participating in the TIF. Councilmembers noted several misconceptions they have heard from citizens regarding the TIF and the CISD's participation. Issues pertaining to water/sewer infrastructure, safety, and road constructions were mentioned and how these would be impacted by the placement of the stadium in the Town Square site and at the Kimball Avenue site. Mayor Stacy asked if anyone in the audience would like to address Council regarding this item. Lowell Morrison, Whispering Wood Circle, Southlake, Texas, addressed Council stating he is interested in where the stadium will go. He has attended several School Board meetings and presented some of the reasoning behind their actions. If the School District uses $20 million from the TIF and the Attorney General does not rule in their favor, that money would be considered what is called "M&O" money, which means they would have to pay a portion of it to the State through the Robin Hood Act. If on the other hand, they issue bonds and collect $20 million that would be considered "debt service," they would not have to pay the Robin Hood taxes on it. So, the District does not want to use TIF funds until they get the Attorney General to "say everything is kosher." Mr. Morrison said he has heard frustration from both the City and the CISD. Mr. Morrison suggested that someone from the City attend the School Board's meeting on August 13 to address all of the Board, instead of having them communicate through just one person, as the discussions have been. City Manager Curtis Hawk said he would attend the CISD Board meeting on August 13 and discuss the lease. He will also communicate the difficulties the City has in building the second parking garage - it cannot be done right now. Mr. Hawk will report on the meeting at the Councils August 18 meeting. Mayor Stacy suggested that in order to get the stadium at the appropriate place, the Town Square, and help the parking situation, one solution could be that citizens park at the high school and ride a bus to the stadium until funds could be available to build the second garage. He said it does not all have to be perfect to begin with. There is a solution to the problem. Regular City Council Meeting Minutes of August 4, 1998 - Page 33 of 37 Agenda #11-B~ Discussion: Interlocal Agreement with City of Grapevine for Library Services City Manger Curtis Hawk presented this item. In February 1998 the City of Southlake entered into an agreement with the City of Grapevine to continue to participate in their library system until such time as the City of Southlake could build their own stand-alone library facility. The agreement was for the City of Southlake to pay their "fair share" of the operational cost to participate in the Grapevine Regional Library System. At the August 18, 1998 Council meeting, council will be asked to consider a proposal for a year-to-year contract with the City of Grapevine for library services with the option to extend the agreement annually. The proposed contract will be based on a cardholder basis versus the previous per capita basis. An analysis will be done on Grapevines' assertion of our 'fair share' amount. Funds have been included in the budget to cover the cost of participation in the library service for the 1998-99 year. Additionally, funds are included to start the design phase of a stand- alone facility for Southlake. Plans are for the council to appoint a Library Board in October 1998 to work with the council and staff to determine the kind of library Southlake wants to build. One possibility is to build a library facility in the Town Hall to serve Southlake now, with another facility [branch] being built at another site at a later date. Mr. Hawk said that if the CISD does become a tenant in the Town Hall building, the library can still be built in the TIF on the property that will serve as an annex to Town Hall. Councilmember Edmondson summarized the information presented as follows: Council will vote on a professional services agreement at the August 18, 1998 council meeting to select an architect for Town Hall. Council will know at the August 18 meeting if the CISD will be in the Town Hall building. If the CISD does not plan to be in the Town Hall building, the City will move . forward with placing the library in the building. In October, if the Council agrees, the Library Board will be appointed. If the CISD decides to go into the Town Hall building, Mr. Hawk is suggesting that the City can still build a library in the TIF in the annex building. The library would be a 17,000-square foot facility. With this plan, it is conceivable that a library could be operational within a year and a half in Southlake. Councilmember Martin recommended that the City advertise for applications for the Library Board by either the end of August or the first of September so that the Board could be Regular City Council Meeting Minutes of August 4, 1998 - Page 34 of 37 appointed the first meeting in October. This would enable the Board to provide information to help the architects 'customize' the library for the citizens of Southlake. Mr. Hawk said he anticipates the project to proceed as follows: Funds are provided in the budget to cover participation cost in the Grapevine Library System. $10,000 is included in the budget to continue purchasing books for the City. Funds are budgeted for professional services so the City can get someone like Mr. Waters, who can analysis the City's needs, to work with the Library Board, Council and the architect. If the City knows by the Budget Work Sessions on August 19/20 which direction they will proceed with, whether to put the library in the Town Hall or put it in the annex building in Town Square, the City Secretary can begin advertising for applications for the Board. Mr. Hawk stated he believed the advantage m locating the library in the Town Hall or Town Square annex building is that if it can be funded through the TIF, it will enable the City to save the City's bonding indebtedness capacity for the other things that needs to be done. It also enables the project to move quicker without interrupting other projects. Councilmember Kendall asked to see the analysis of the "fair share" figures that staff will do. Mayor Stacy asked if anyone in the audience wanted to address the library item. No one stepped forward to speak. Agenda Item #11-D~ Discussion: Proposed S.H. 114 and F.M. 1709 Highway Intersection Bond Project City Manger Curtis Hawk presented information regarding the proposal of using a bond package to make improvements to the signalized intersections and other areas of the major roadways that cross F.M. 1709 and S.H. 114. Based on the discussion held at the last Council meeting, staff reviewed the list of projects that were most likely to be approved first for inclusion in the bond proposal and items that could be funded separately. Mr. Hawk presented Council with a two charts, "Land Acquisition for Proposed State Highway Intersections Improvements Bond Program" and "Project Description for State Highway Intersections Improvements Bond Program" (attached to minutes) and explained several points contained in them. Mr. Hawk stated the list shown on page 3 is of signalizations that would be funded separately. Some of them are major intersections. He noted that on page three, items 16-20 (Kimball through Carroll) are projects that have funds allocated but are eligible for TIF funding, so those items would not need to be included in a bond package. He noted that items 21-22, the Randol Mill projects, could be done as part of the F.M. 1938 expansion package. Which Regular City Council Meeting Minutes of August 4, 1998 - Page 35 of 37 leaves the remaining projects to be funded. Page 2 of 3 is a breakdown of the projects by "years of funding." Also included in the bond package are the trails, portals and highway enhancements. Some projects on the list are eligible for funding through other sources. For example, TxDOT will have a call for projects for trails along State highways, which could be a means of fimding the trails on both sides of F.M. 1709. It would be an 80/20 grant. There is also a possibility that the major intersections could be eligible for TxDOT assistance. Discussions are going on with TxDOT, and COG and there are highway system improvements that can be done at interchanges. What has hindered Southlake in the past was that Southlake was not declared in an "urbanized" area. COG has since recognized that Southlake does fit the category and has dedicated $4 million of money that is discretionary for this COG region toward the improvements on S.H. 114. We will discuss the possibility of doing intersection improvements with that funding. Mr. Hawk said the list of intersection projects included in the bond package is under $10 million, which enables the City to look at acquiring State funding for the trails. Staff needs to get input from Council on the design enhancement items. Mr. Hawk asked Council if the item could be put on the August 18 council agenda to get public comments. He asked members to contact either Bob Whitehead, Shawn Poe or himself with their concerns and comments. In the meantime, staff will be in contact with the State and will be able to bring back to Council information on any other programs that the City might be eligible for that would help with the intersection improvements. Council heard information about the rights-of-way acquisitions, deceleration lanes, engineering cost, construction cost, anddesign enhancement features. The bond package comes to $12 million, which includes the additional items of the trails, portals, design enhancements on S.H. 114. Staff is seeking input to refine the document and is awaiting decisions from TxDOT before bringing more definite figures back to Council. Councilmember Edmondson asked staff what the design enhancements are. Director Last said they included: different types of metal on the bridges, different types of treatments on the retaining walls related to the infrastructure on the highway; different signage connection; different hard scape (pavers) at intersections; different lightings standards; maybe some landscape improvements in certain areas; signage on the overpasses; street signs; stained concrete versus plain concrete; textured material versus straight materials; a few minor variations on the fencing protection for the pedestrian and bikeway on the bridge which would accommodate trails. Councilmember Kendall said her desire is to see the bond package for $10 million or under, which would mean that some items must be cut. Regular ~ty Council Meeting Minutes of August 4, 1998 - Page 36 of 37 Councilmember Kendall suggested having the private sector to contribute for the portal structures. At the SPIN Summit portals were listed high on the priority list so perhaps that would be one way to fund those structures. Director Last said alternative funding methods are being investigated. They have talked with the Chamber of Commerce and SPIN reps about a joint funding of some entry portals, Pearson in particular and TxDOT and other sources for landscape plantings. Councilmember Kendall mentioned that the developer of Gateway Plaza has expressed an interest in putting in a portal if the City could provide him information. Schematic programming for all the portals has been done and material palette selections are underway. There is still need for design funding. Councilmember Martin stressed the importance of acting now on the commitment for the highway enhancements. Everything has to be done up front before construction starts; enhancements can not be added at a later date. Mr. Hawk asked Director Last to make a presentation on the highway enhancement features at a briefing on Monday, August 10. Agenda Item #11-E~ Discussion: Commercial and Construction Garbage Ordinance This item was not discussed at this meeting. Agenda Item #12~ Adjournment Mayor Rick Stacy adjourned the meeting at 12:00 midnight. Sandra L. LeGrand City Secretary M:\WP-FILES\CITYSECWIlSC'xREGLrLAR CC MTG 8-4-98.doc Regular City Council Meeting Minutes of August 4, 1998 - Page 37 of 37 w I @) I °' co m u.1 cv 0 !U! F, 5 ^\, � 7 p U W C7 0 41 �Q �" OF z 41 41 z . z a P , P a U O O , 0 W W o- O a U7 0 0 ^ R o O a; v) O a a, 11 0 co wW.• `"L U 0 Q O g g c7 2 4 A P"' 0 w W A O 0 q a .. .., r. Q W �j w w Z Q 0 u .1 Pti 0 0 H a a Z W .. * 44 ::...,:sn 10 50 "40 lip- m 00 wm P :....' W 41-1 FP., 9t, .0::::.....:: _ ak _ . ::::::::, ::::::::::::::::: .._ ...:::: ::::::::: 2 f t . 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I 0 4) N (r) H U Z a� z °° w cd 0 W o W 0 H * U .-. al CO W w ZwZE - w Qc ;, U w O 0 w w '- w OW 0 0v Il �w �wwzw z v� o u, Z 0 Hw aap_. w,- w ,_4 w0�• E∎( 4 • x CA a " U w w w U w z Z U w U g a d E 0 , w UU Uw d ,..a wC�w w 3 1 U a Q w w w f�'� Q H �1 w E. o to o I' _ w ~ U O �wHQ UQ w 0 ,-, c 4 6 E ' 0 .,, a H a iai �1 E - O 0 a.> o � U z0 4 07 U O 3 ° .n 2 U U U ,-1 v> GU C7 W U w R: * v s >0 a E-0 o O Q '.0 N 00 ON 0 --, N M •71 r ■0 N 00 ON O . - N M to N O --, --, —, •-■ N N N N N N N N N N M M M M `;"-T- D N O Q, O -0 P " r N co I d' to (O I 00 O , : r N CO V' to (O N- 00 N .� NN N N N N N N N 0 Jaime Ha D0 c17 PHONE - METRO (817) 429 -9898 1 ROLAND RODRIGUEZ, RPLS FAX - (817) 429-7676 Luca Surveyors, aline. 6850 MANHATTAN BLVD. #310 FORT WORTH, TEXAS 76120 DATE: August 4, 1998 TO: Lisa Sudbury, Planner, City of Southlake RE: Case No. ZA 98 -080 In reply to your comments letter dated August 3, 1998: Item No. 1: This information given to James Martin and Shunail Corporation for their review. Item No. 2: Existing conditions survey provided with this letter. Item No. 3: Lot lines accepted as shown per P & Z Action 7- 21 -98. All other Items noted to be complied with as stated. Thank you for your time in this matter. Sincerely, Roland Rodriguez RED i . 0 4 1998 11 ' f ■ I ,e 7,K, I • 4 ;0■';', ' ■• ..4: 1 it '• • , ;`'■ • .14- ---------- ,.---------- > NI • / ■ , , ' ■ • . . ,. . .. . • a .----' I I ------ - / , • . • t • r\ <" s.t ii•• '' -dab, : . . • „ . 4\0 \ --, . • .2 - 1, 1 - . ii. • ' , ---:- - `N I e \ • • \ • . . ■-_____________-___ t• . , . • --_____- - t - - N. ------- \ • .0. I 6 \ . • .. . • \ .• • ' •••".: . • \ .' \' • • . . —_________— ----- ---___. ■• o 5a B.L. .. . N.. \.. . • . . • — p .., .................5=. I ' 1 3 6, , -••-- lik '1111‘;17/111.110■1111111 ' ' \ ‘1 . . • . . .. \ 1 •••••••••■•■•■■•••.• •••••...10.111,11Pww 4 ., ' 1 . ' •• ' g • •• r• ....... ----:■.) .. • \ ■ • • • .. . S hit.. I . ' • '... • . • • la. • ., . • c. • • ‘ 11P \ .. • , • • • I 4 I ' . ,.• 1 : E: Q \ \ • : '' •• • - • • i ' • z .. • • t . . ... k .' it 39' R.O.W. RESERVATION • .• • • .' • " , . . . ■;',i;....___-- R.O.W. RESERVATION _ —..._ ______A — — —._-.e, ,-•- "...,,l,.... ..... ■.-■ Z.... .Z ■ ...... ,..., ,■..t, .....■ . ::: \-' 12 DECEL LANE \ Na ' . . . r: ••■• ..... ..... / .11.111M riii...111111=11.1.111.1111111.11.111OMINMMEMINMMEMENst ' '"''.. ::: 1 V S 0 W. 145.27' 11, . 1 r A 5' R.O.W. DEDICATION 1 \ / ... i 1 .Ct E \ RANDOL MILL ROAD ' / 7- 4 Ltkp 1? 6 , 1 AUG. -04' 98 (TUE) 16:26 RCC TEL :8174884200 P. 001 ■■■ Realty Capital Corporation August 4, 1998 Ms. Lisa Sudbury via F acsimle 667 North Carroll Avenue Southlake, Texas 76092 RE: Case No. ZA 98 — 071 — Site Plan Georgetown Park, Phase V, Lot 3R2, Block 1 — Staff Review Letter #2 Dear Ms. Sudbury: In regards to the above reference case, please find below our response to Staff's review letter #2: 1. We propose to City Council variations to the bufferyard calculations as listed in a, b, c, and d. The existing and proposed drive lanes prevent the location of the north and west bufferyard adjacent to the property line. The existing and proposed drive lanes also cause lengths of the bufferyards to be decreased where there is concrete. The bufferyards will be planted with the full number of plantings as outlined in the Bufferyard Chart. 2. A reciprocal parking easement will be obtained with Lot 3R1 for the use of (7) parking spaces; 3. The lot numbers on the graphic will be corrected. Please feel free to contact me at (817) 488 — 4200 of you have any questions. Thank you for your attention to this matter. 'Sincerely, Realty Capital Corporation Thomas J. Wouters Enclosure RFT'D AUG 0 41998 920 South Main Street, Suite 170, Grapevine, Texas 76051 • (817) 488 -4200 • Fax (817) 488 -5257 Aug -04 -98 09:22A . P.02 J. E. LEVITT ENGINEERS, INC. ENGINEERS • PLANNERS 726 COMMERCE • SUITE 104 • SOUTHLAKE. TEXAS 76092 • (817) 488 -3313 July 31, 1998 Ms. Lisa Sudbury Community Development City of Southlake 667 N. Carroll Ave. Southlake, Texas 76092 Re: ZA 98 -074, Preliminary Plat SheltonWood Review No. Two Dear Ms. Sudbury, In response to comments received Friday, July 31st, 1998, we offer the following: la. A second access is not available. ib. We believe the cul -de -sac length to be 494 feet. lc. Working with staff. ld. Removed pavement width. 2. Will provide a dimensioned exhibit. 3a.We respectfully request approval of lots as shown. 3b. We respectfully request approval of lots as shown. 3c. We respectfully request approval of this side yard. 4. Will comply with request. 5. Will be shown on the final plat. 6. Lot 18, Block 1, an existing home already has access to Dove Road. 7. Will be complied with the final plat. REG'D AU G 0 41998 Aug -04 -98 09:22A . P.03 Page two ZA 98 -074 8a. TP &L easement only. 8b. The 40 foot drainage easements within Oakwood Pond are shown on plat recorded in Cabinet •A', Slide #2362. 8c. The existing right -of -way for Ridgecrest is shown at the north end. 9. It is shown in the Land Use Data as 3 %. Any questions, please call. inci y, J n Levitt, P.E. cc: David McMahan w Aug -04 -98 09:23A . P.08 J. E. LEVITT ENGINEERS, INC. ENGINEERS • PLANNERS 726 COMMERCE • SUITE 104 • SOUTHLAKE. TEXAS 75092 • (817) 488 -3313 August 3, 1998 Mr. Edward McRoy Community Development City of Southlake 667 Carroll Ave. Southlake, Texas 76092 Re: ZA 98 -076, Preliminary Plat Loch Meadows Estates Review No. Two Dear Mr. McRoy, In response to comments received August 3rd, 1998, we offer the following: la. & b. Changes made. 2. Complied with. 3. Revisions made and resubmitted. 4a. Complied with. 4b. & c. Working with Public works staff. 4d. A 10' U.E. provided along south line of Lot 12- R3 -A2. 4e. Electrical Service already exists along the west and north line of project. 5. There is no information available at this time. 6a. Complied with. 6b. We respectfully request approval of the lots as shown. 7a. & b. We respectfully request approval of the lots as shown. 7c. Labeled. Any questions, please call. Sinc =r- 1 AAr. Joh Levitt, P.E. RFUIJ FUG 0 41998 Many of the land owners on Randoll Mill and surrounding area would like to voice our support of the extension of Davis Blvd. S ay To Progress! Support the extension of F 938 (Davis Blvd., Randol Mill, Precinct Line) Date: Print Last Name: Print first Street Street City: Telephone: Signiture Name: Address: Name: G /A 9,7' /' t e ' Lc- Al M7m /77d L ,6.. 2 � j _ J ` � `� �pNtJoL S chN �3 �- SP) VE 6►1 I s� 0 c_ r -1 S'.1-X ,,-tii S ,�-? Ayriol % /c. SPA ix Oh? 2)( iv; i j Tceke 9 r ,� ��� ,; 4 � w �ar��a � So,fl a 5 / 2 � u �c� K hFr� -1. r r r �-� �� �3 t - � 3Y id - — V (kL '75 . �� 337 -d�4( ,,, ,, / , ,, 6 77-- h ,i c° Ai,•, 1 / S" Vet!' 6 174 - f i e' Y31 I / , <<,/ 7 % whik. 61.h 4A- l / 4fienvp 7j.4t / elf") [ ;�. `f . 7/L c 4 '( 5 4 . 5 '3/ 6 %1 G%-:i ( ,_., -! / ccam� � 9 (3/ le de/ n1S Lee EA/t o, *14a.)L M c ,1 C 93/ - O7 �C4,te,, L4 � j c 1 o / /q g C P4p/3EC(. DG n i' ll g auDet fr9 Vi-- `)31 9'637 6,fh ii L j&l , fi 3 ZZe /. 4- ii ti _ ./ /_ c? / D 12 , i A r (3© A 01 4— 3 0 . il A.8 ( r 13 .6_3 c, (.aki n (7 -4-P\O ' G 136 ' q ( 1 ' I K GAdbI �I --� 1 14 Q �J . 3 A �s 4(c e , 5� zef(/ e, 9 `-i` s i i ► i ` 1-- T� 1 " ?.Z6 , N� Piks:0-ctue Z 15 b 'il b}, l te r1'9 1(1-- I r s k 't ?/ 9. c 1 e.e�-, l 16f/3- `7f 01Ic__ iieS /V21 i 4/f4 5 ,3/-/72) g�' 17 18 19 20 21 22 23 24 25 26 - 27, Many of the land owners on Randoll Mill and surrounding area would like to voice our support of the extension of Davis Blvd. S ay To Progress! Support the extension o M1938 (Davis Blvd., Randol Mill, Precinct Line) Print Last Print First Print Street Street Date: Name: Name: M.I. 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T2 -a, -tOnr L ,/, i het. rn u �oA✓e� `feel -970> �: ,i %.� A . 5' /V , G -6-/e44,, 5 , C.- �gI -M7 �� 24 '-,,— AYN 25 � .,e L9 rd. n- R 1 1cr�-� - �I - ranr D ,�'? 2- A (.1, 26 4 / &a4.0G G>!✓.0/7&„/ e 7S £nod(' ) S L % Sc%..2- ..- t -� 27 $ 9g 04-eVe &`77 i _ / 5 /C/�,r/,'(�1tez_ 3- G. 1 r j" e 28 29 30 , 31 32 Many of the land owners on Randoll 1Vlill and surrounding area would like to voice our support of the extension of Davis Blvd. S Y es T To Progress! r, Support the extension of F 938 (Davis Blvd., Randol Mill, Precinct Line) Print First Street Street City: Telephone: S' riiture Date: Print Last Name: Name: Address: Name: �� Y' P 1 g O J7 1 LL Q V V J ' - -Z3; l'�'� *toil pr 4' 1 Qica' 2 3 55e1�,d .u. �l� th i j j�� (r11e1- 37 ` -`UPI 3 It ^^ . GRZAWkit 010 PAIN, 3 -05 c , e4 % /i[ ")/ /� ���I'7 Cthl�/ � rT 14".\°7 ti 6 ght Actfir 4 etei .4 '41-I 7 y 8 9 10 11 12 13 14 15 16 17 • 18 19 • 20 21 22 23 24 25 26 27 1 06 P.01 S Y es to Progress! Support the extension o, f FM1938 (Davis Blvd., Randol Mill, Precinct Line) Many of the land owners on Randol Mill and surrounding area would like to voice our support of the extension of Davis Blvd Listed below are some of the many reasons we support this progress. 1. Question: Why slats& I support the Extension of Davis Boulevard? Answer: This new multi -lane divided boulevard with sidewalks and landscaped islands will make an already over traveled narrow dangerous road much safer then what currently exist. 2. Question: Is Randol Mill unsafe at this time? Answer: Yes. There are many more single vehicular accidents and property damage due to vehicular accident on Randol Mill than any other feeder road in the city of Southlake. Randol Mill is currently loo narrow and is unsafe for school buses, bicycles, joggers, and children to use due to current high traffic volume. It has no safe walkways or shoulders to park on if you break down. It has many dangerous, sharp blind curves and steep hilts. lithe city councils do not approve the extension and leave this road in the dangerous situation it is now in, they could be held liable for all injuries, deaths and property damage tkat will occur in the future. 3. Question: Will this problem get worse? Answer: Yes. When Westlake completes its massive development plans on the North and Keller 's Hidden Lakes completes its development to the South, Randol Mill will become even more dangerous then it already is. 4. Question: flow long has -the state and city been planning this extension? Answer: This will complete a twenty year old plan to extend PM 1938 (Davis Blvd) to SHIM by straightening Randol Mill and remove high traffic volume from dangerous curves that currently exist. Maps and thoroughfare plans of this project have been posted on the walls and available to the public at the city hall fir the kart ten years. 5. Question: Why should we make the road safer now instead of later? Answer: By using the Special State Funds that are available at this lime, to extend this road, it will benefit the land owners on the road and the tax payers of Southlake, Keller and Westlake. If the state selects to budget this highway it will use state and federal funds to purchase the right-of-way through the county and fund most of the construction If we wait this state f mding may be used on projects where there is less public resistance. 6. Question: Why shouldn't we block this state highway project with public resistance? Answer: T his road will be built in the future either by state and federal money now or city taxes and landowners money later. If the city has to acquire the right -of -way to build the road at a later date, much of it will be acquired by condemnation and fotfeiture as hard is replotted. Many land owners have already had to forfeit their right-of-away to the city at no cost to the city as they platted their land when selling it. The city may also assess the right - of-way land owners for improvements such as cork gutters and sidewalks to offset the purchase price of the land acquired for the right -of -way. If the state acquires the right -of -way it will purchase the property from the land owners, through the county, al a fair market wzhre, Most of the time right - of-way landowners receive at least fair market value.) and film! the improvements such as curbs, gutters and sidewalks. Z Question: If the road causes my property value to go down can I receive damages from the county and receive state tax dollars for those damages? Answer: Yes. The state will, , find the county to reimburse land owners on or near the highway for amount of damages thus can be proven, due to tht! location of this project. If the city builds this road, land owners nearl1e4zrojerl3uLnot on.the project will not have this privilege James IL Dowdy PHONE - METRO (817) 429 -9898 ROLAND RODRIGUEZ, RPLS FAX - (817) 429-7676 Land Surveyors, Le 6850 MANHATTAN BLVD. #310 FORT WORTH, TEXAS 76120 DATE: August 4, 1998 TO: Lisa Sudbury, Planner, City of Southlake RE: Case No. ZA 98 -080 In reply to your comments letter dated August 3, 1998: Item No. 1: This information given to James Martin and Shunail Corporation for their review. Item No. 2: Existing conditions survey provided with this letter. Item No. 3: Lot lines accepted as shown per P & Z Action 7- 21 -98. All other Items noted to be complied with as stated. Thank you for your time in this matter. Sincerely, Roland Rodrigues RED P. u