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1997-12-16 REGULAR CITY COUNCIL MEETING 667 NORTH CARROLL AVENUE, SOUTHLAKE DECEMBER 16, 1997 MINUTES COUNCILMEMBERS PRESENT: Mayor Rick Stacy; Mayor Pro Tem W. Ralph Evans; Deputy Mayor Pro Tem David Harris. Members: Pamela Muller, Wayne Moffat, Scott Martin, and Gary Fawks. STAFF PRESENT: Curtis Hawk, City Manager; Shana Yelverton, Assistant City Manager; Darcey Imm, Assistant to the City Manager; Lou Ann Heath, Director of Finance; Bob Whitehead, Director of Public Works; Greg Last, Director of Community Development; Klm Lenoir, Director of Parks and Recreation; Lauren Safranek, Director of Human Resources; Billy Campbell, Director of Public Safety; Kevin Hugman, Manager of Community Services; Karen Gandy, Zoning Administrator; Ron Harper, City Engineer; Shawn Poe, Capital Projects Coordinator; Chuck Ewing, Assistant to the Public Works Director; E. Alien Taylor Jr., City Attorney; and, Sandra L. LeGrand, City Secretary. WORK SESSION: The work session began at 5:20 p.m., to discuss the agenda items for tonight's meeting. The following persons spoke during the work session: Bob Whitehead, Director of Public Works, addressed Council regarding the Neighborhood Sewer Program in Mission Hills Estates and the Shady Lane/Raintree area. Art Sorenson spoke regarding the Three-City Library, noting those on the Library Committee want to know what happened to the sixteen member committee's recommendation. He stated the committee felt the library could "grow as we go" in the community. Sorenson stated the City has a modest collection of books now (at the Grapevine Library). He noted the committee wants the City Council to take a hard look at the numbers and go with our own library. Mayor Stacy commented the Council is not ready to make a hasty decision; staff is now gathering the facts. Mr. Sorenson stated the concerns include the location and policing. Chris Miltenberger, member of the Park and Recreation Board, gave the monthly report. He said the board feels the Tree Farm is a good idea as well as the Waterscape Project. The Park Board recommends the City Council fund the REGULAR CITY COUNCIL MEETING MINUTES OF DEC. 16, 1997 PAGE 1 OF 18 project. He referenced the color of the fence at Bob Jones Park. The Sidewalk Ordinance was discussed by Ronnie Kendall, a member of the Parks and Recreation Department. Greg Last, Director of Community Development, stated the committee consisted of Ms. Kendall, Tom Matthews, Curtis Hawk, Kim Lenior, Chris Carpenter, and himself. He addressed the changes made to date. Those changes are outlined in the audio tape of the work session. Agenda Item #1. Call to Order. Mayor Rick Stacy called the regular City Council meeting to order at 6:02 p.m. INVOCATION: Mayor Pro Tem W. Ralph Evans. Agenda item #2-A. Executive Session Mayor Stacy advised the audience that the City Council will be going into executive session pursuant to the Open Meetings Act, Chapter 551 of the Texas Government Code, Sections 551.071, 551.072, 551.074, 551.076, to seek the advice of the City Attorney with respect to pending or contemplated litigations, to discuss the purchase, exchange, lease or sale of real property and to consider the appointment, evaluation, reassignment, duties, discipline or dismissal of public officers, or employees, and to discuss the deployment of specific occasions for implementation of security personnel or devices. Council adjourned into executive session at 6:02 p.m. Council returned to open session at 7:15 p.m. A~,enda Item/f2-B. Action Necessary/Executive Session No action was taken as the result of the executive session. Agenda Item//3. Approval of the Minutes of the December 2. 1997. City Council Meeting The Minutes of the Regular City Council meeting held on December 2, 1997, were approved as presented. Motion: Harris Second: Muller Ayes: Harris, Muller, Moffat, Martin, Evans, Stacy Nays: None Abstention: Fawks Approved: 6-0-1 vote REGULAR CITY COUNCIL MEETING MINUTES OF DEC. 16, 1997 PAGE 2 OF 18 Agenda Item #4-A. Mayor's Re~ort Mayor Stacy referenced the following items during the Mayor's Report. A proclamation was presented to Carrie Fullington, Community Services O ~cer with the Southlake Department of Public Safety, proclaiming December as Drug and Drunk Driving Safety Month. December 19, 1997, has been designated as "National Lights On for Awareness" Day in Texas. The Mayor announced that City offices will be closed for the holidays on December 24 and 25 and again on January 1, 1998. Community Services Officer Carrie Fullington announced the Christmas for Kids Toy Drive will be held Thursday, December 18, 1997, from 6:30 p.m. to 8:00 p.m. at Bicentennial Park. The toys will be wrapped on Friday, December 20, and delivered Saturday and Sunday, by City employees. Ms. Fullington stated we have 40 to 50 kids to present gifts to and as of this time not many contributions have been made to this cause. She asked for help! The first Crime Control and Prevention District meeting will be held on December 17, 1997, at 6:30 p.m. in the CISD Administration Building located on the corner of North Carroll Avenue and Highland Street. Southlake Joint Chamber Luncheon will be held on Thursday, December 18, 1997, at Marriott Solana. Mayor Stacy read "thank you" letters from Maguire Thomas Partners and Drews Realty Group commending the recent actions of the Police Department. Councilmember Pamela Muller thanked the Teen Court for the basket of cookies they presented to the City Councilmembers. Councilmember Scott Martin announced that Keep Southlake Beautiful (KSB) initiated the volunteer kick-off for the new Waterscape Project. Later in the meeting tonight the City Council will adopt and approve a contract to have the project constructed in the park. This is a project that was started in 1992 and will be a permanent addition to Bicentennial Park on the White Chapel Boulevard site. There were about forty (40) people working last Saturday getting ready for the official ground breaking. "We will have a very nice addition to the passive use area of the park. It will be a part of the viewing opportunity and relaxation opportunity associated with the trail system," according to Mr. Martin. REGULAR CITY COUNCIL MEETING MINUTES OF DEC. 16, 1997 PAGE 3 OF 18 Mayor Stacy announced to the audience that Planning and Zoning Commission Chairman, Joe Wright suffered another heart attack. He is home and Mayor Stacy asked that we all keep Chairman Wright in our prayers while he is recovering. Agenda Item #4-B. City Manager's Report Curtis Hawk, City Manager, brought Councilmembers and the audience up to date on where we are with the committee that is looking at the Tri-City Library. One of the things that has been discussed back and forth during the last couple of years is how we should go about having a library. According to Mr. Hawk, "The City started talking about the need for a library in 1989. During that time we had such a need for ballfields and other things that Council chose to defer looking at a library until some point at a later date. Before we would consider using the funds from the V2 cent sales tax, it was agreed upon that the issue would g o back to the voters for their decision on funding a library with SPDC funds. The City of Colleyville has already approved funds for a library. The questions out there are fundings and governess of the library, and are issues to be resolved.' Bob Whitehead, Director of Public Works, expressed the need for Council to address the need for a Neighborhood Sewer Program, a Storm Water Master Plan, and a Cross Connection Control Ordinance and Program. He noted work sessions will be needed in the near future to address these issues. Agenda Item #4-C. SPIN Renort A1 Morin, SPIN #10 Representative, made the SPIN Report tonight, noting the joint meeting between SPIN and the City Council held recently was very productive. He noted that SPIN Representatives Joe Mast and Laura Miklosko are moving on and SPIN has six (6) new members. He commented that the SPIN Representatives thanked the City staff and the City Council for their support of the program. Agenda Item #5. Consent Agenda Mayor Rick Stacy read into the record the items being considered during the consent agenda, including: 5-A. Authorization to bid ballfield lights for fields #1 and #3 at Bicentennial Park. 5-B. Authorization to bid replacement fences for fields #4 and #5 at Bicentennial Park. 5-C. Authorization to bid the fence at the Bicentennial Park water tower. REGULAR CITY COUNCIL MEETING MINUTES OF DEC. 16, 1997 PAGE 4 OF 18 5-E. 5-F. 5-K. 5-L. 5-0. Award of bid for parking lot paving at Bob Jones Park. Award of bid for fence construction at Bob Jones Park. Authorize the City Manager to execute the Professional Services Contract Amendment No. 2 with Cheatham and Associates for Bob Jones Park, Phase I, Part B, Grant Project. Authorize the City Manager to enter into a Professional Services Agreement with Cheatham and Associates for the design of sewer system improvements consisting of an extension of sewer from Crossroads Square to the Lakecrest sewer extension. Authorize the City Manager to enter into a Professional Services Agreement with Cheatham and Associates for the design of water system improvements consisting of an extension of a water line from Crooked Lane to Heritage Industrial Business Park. Authorize the City Manager to enter into a Professional Services Agreement with Cheatham and Associates for the design of water system improvements consisting of relocation of the 18" water line along the north side of Dove Street and S.H. 114. Award of bid for the installation of sanitary sewer in Mission Hill Estates Subdivision. Award of bid for water and sanitary sewer improvements in the Shady Oak/Raintree area. Resolution No. 97-79, Appointment to the Drug and Alcohol Awareness Committee to fill an unexpired term. Resolution No. 97-77, Appointments to the SPIN Standing Committee. Authorize the Mayor to enter into a Commercial Developers Agreement for Cornerstone Business Park located at the west end of Exchange Boulevard. Authorize the Mayor to enter into a Developers Agreement for Versailles, Phase II, located on the east side of South Carroll Avenue north of East Continental Boulevard. Item left blank. Item left blank. Resolution No. 97-80, Appointing the Mayor to serve as Chair of Tax Increment Reinvestment Zone Number One. REGULAR CITY COUNCIL MEETING MINUTES OF DEC. 16, 1997 PAGE 5 OF 18 5-S. Resolution No. 97-81, Authorizing Keep Southlake Beautiful to construct a Waterscape at Bicentennial Park. 5-T. REQUEST TO TABLE: Ordinance No. 480-261, ZA 97-130, 1st reading, Rezoning and Concept Plan for Southlake Garden Offices. 10-A. Authorize the Mayor to enter into a Commercial Developer Agreement for Town Square, Phase I. Motion was made to approve consent items #5-A, through #5-0, items #5-R through #5-T, tabling item #5-T to January 6, 1998, and approving item #10-A, reflecting the changes discussed during the executive session, including the inclusion of the DPS facility. Motion: Harris Second: Evans Ayes: Harris, Evans, Fawks, Muller, Moffat, Martin, Stacy Nays: None Approved: 7-0 vote ADDITIONAL INFORMATION ON CONSENT AGENDA ITEMS Ballfields lights were budgeted this year by SPDC during the City budget process for FY 1997-98. The replacement ballfield lights for Fields #1 and #3 are estimated to cost $45,000 and $40,000 respectively. The bid will include new taller poles which will resolve the glare problems documented by Diamond Circle Estates homeowners as well as the glare for those who enter the park offof North White Chapel Boulevard. The poles will also be relocated to provide quality lighting for the players on the field. Approval was given to bid the ballfield lights as noted. Replacement fences were budgeted this year by SPDC during the City budget process for FY 1997-98. The new fencing will replace the temporary fencing that was installed three (3) years ago on Fields #4 and #5. These fields are t-ball and coach pitch fields. These two fields are the only fences which need to be upgraded in Bicentennial Park. Approval was given to bid the fences as noted. Authorization to bid the fence at the Bicentennial Park water tower. When Sprint and PCS were allowed to locate at the elevated water tower at Bicentennial Park, they agreed to participate in the cost to build a brick fence and landscaping around the water tower property adjacent to Bicentennial Park through their lease agreements with the City. The staff is now prepared to bid a brick fence design. The elevated storage tower, PCS and Nextel facilities are self-secured and do not require fencing. The staff expects the total cost of this project to be funded by Sprint, PCS and Nextel. The estimated cost of the REGULAR CITY COUNCIL MEETING MINUTES OF DEC. 16, 1997 PAGE 6 OF 18 fence is $21,000. On December 10, 1997, bids for paving of the parking lots at Bob Jones Park were opened. The engineers estimated the cost to be $363,000. Twelve (12) qualified bids were received and staff recommends the low bid from J.L. Bertram Construction and Engineering, Inc. at $248,970.34. This price includes a four inch (4") asphalt base with concrete curbing as recommended by SPDC. On December 10, 1997, bids for the pipe rail fence at Bob Jones Park were opened. Six (6) bids were received, with a low bidder from Custom Fence Company at $27,765. Custom Fence Company cannot demonstrate experience in building this type of fence, therefore, staff is recommending the second lowest bidder, Ratliff Iron Works, at $36,625. This bid includes a four foot (4') high pipe rail fence as recommended by the SPDC. The gates are to be addressed with a change order at a later date. On December 8, the Park Board recommended painting the fence black. The SPCD deferred this decision to the Park Board. Professional services contract amendment with Cheatham and Associates for Bob Jones Park, Phase I, Part B, Grant Project was approved, noting SPDC needs to expand the scope of services with Cheatham and Associates to provide engineering, surveying, landscape architecture and architecture for the Bob Jones Park grant support items. The grant/SPDC budget for FY 1997-98 is $534,250. A copy of the memorandum from the Director of Parks and Recreation is hereby attached to the minutes of this meeting. Professional Services Agreement with Cheatham and Associates for the Design of Sewer System Improvements consisting of an extension of sewer from Crossroads Square to the Lake Crest Sewer extension. The City budgeted $125,000 in the CIP budget to construct a sanitary sewer line from the existing lift station at Crossroads Square to the existing sewer line at the end of Caddo Lake Drive in the Lake Crest Addition. Of the total $125,000 budgeted for this project, $66,500 was estimated to construct the portion of the sewer line in which the Shady Oaks Retail Center developer participated. Therefore, the remaining $58,500 is allocated to construct the remaining portion of the project. This project also includes the abandonment of the lift station located at the Northwest Bank site. Cheatham and Associates' proposal includes the surveying, engineering, easement acquisition, and inspection of the project. The total fees provided in the proposal are $8,275. 5-8. Professional Services Agreement with Cheatham and Associates for the design of water system improvements consisting of an extension of a water line from Crooked Lane to Heritage Business Park. A 12-inch water line has been proposed to extend from Continental Boulevard and Crooked Lane to Heritage Business Park. The water line is REGULAR CITY COUNCIL MEETING MINUTES OF DEC. 16, 1997 PAGE 7 OF 18 necessary to provide proper fire flow to the development due to the amount of construction taking place in Commerce Business Park and the new industrial areas. The FY 1997-98 CIP budget provides $162,000 for this project. The current proposal provides for the surveying, design, bidding, and contract administration to prepare for construction. The cost of this proposal totals $13,535. Professional Services Agreement with Cheatham and Associates for the design of water system improvements consisting of relocation of the 18-inch water line along the north side of Dove Street at S.H. 114. As part of the State's proposed project to widen S.H. 114, the City has agreed to relocate utilities that exist within the ROW. To prepare for construction of the Dove Street Interchange, an 18-inch water line must be relocated to avoid excavation. This proposal is for the engineering and design of the relocation. The project includes the surveying, design, bidding, and contracting of the project. The proposed fee for this project is $22,425. Award of bid for the installation of Sanitary Sewer in Mission Hills Estates Subdivision. Bids were opened on December 10, 1997, with low bid for this project being Mid-State Utilities with a base bid amount of $351,774.20, plus an alternate of $15,840, which is the additional amount to include a "flowable base." Staff recommended that Council award the bid for the installation of sanitary sewer in Mission Hill Estates subdivision to Mid-State Utilities in the amount of $367,614.20. Award of bid for water and sewer improvements in the Shady Lane/Raintree area. The low bidder for this project is SCAVA Ltd. Parmership with a base bid of $913,111, which includes the use of improved backfill, a deductive alternate of $94,230 to backfill with the native soil and use a filter fabric. The CIP budget includes $1,925,995 for these water, sewer, and street improvements. The estimated cost of the street improvements is $500,000; leaving $1,425,995 for the water and sewer improvements. Upon the award of this proposed bid of $818,881 for water and sewer improvements, funds in the amount of $607,114 will be available for the completion of the sanitary sewer system, which is proposed to consist of either gravity sewer lines to Grapevine or the installation of two lift stations. Staff recommended SCAVA Ltd. Partnership be awarded the bid for $818,88 1. Resolution No.97-79, Appointment to Drug and Alcohol Awareness Committee. The committee has three SYAC members appointed to the committee. Kami Adrian and Nicole Berry were appointed to SYAC to fill the two regular positions and Erin Anderson was appointed as an alternate member. Kami Adrian recently resigned from the committee and it is recommended that Erin Anderson fill the vacant SYAC position. SYAC voted for Joe Monfort to fill the alternate position on the committee. 5-M. Resolution No. 97-77, Appointments to SPIN Standing Committee, was approved by REGULAR CITY COUNCIL MEETING MINUTES OF DEC. 16, 1997 PAGE 8 OF 18 Council as it is time to reappoint representatives for the expired terms. The resolutions allow the following appointments: Cara White and Angela George for SPIN #1; Milan and Mary Georgia for SPIN #3; Jan Francis for SPIN #5; Darrell Faglie for SPIN #7; Michael Boutte for SPIN #9e; Pam McCain for SPIN #9w; Roger Hutton for SPIN #11; Barry Freidman for SPIN #13; Wayne and June Haney for SPIN #15; and Bob Walker for the newly former SPIN #16. Commercial Developers Agreement for Cornerstone Business Park located at the west end of Exchange Boulevard. This agreement is standard except for section IV.A., which prohibits construction traffic from entering or exiting the development by way of Crooked Lane. Park fees totaling $21,650 have been received. 5-0. Developer Agreement for Versailles, Phase II, located on the east side of South Carroll Avenue, north side of East Continental Boulevard. There are several items that need Council attention and those items are as follows: Item IV.B.- Off Site Drainage: The Developer has constructed a box culvert system under Continental Boulevard. The Developer has requested that any pro-rata contributions for drainage be reimbursed to the Developer. Since the adoption of the Impact Fee Ordinance, the City has not collected Drainage Pro-Rata Fees; however, any fees that may have been collected prior to this point could be reimbursed to the Developer. Staff recommends that the Developer's requested language remain so that reimbursements could be made from past pro-rata contributions or future drainage funds. Item IV.C. - Off-Site Water: The Developer has oversized water lines at the request of the City and is eligible for reimbursement under the Impact Fee Ordinance. Item IV.D. - Park Fees: As part of Phase I, the Developer dedicated a five acre park (Noble Oaks Parks). This dedication was sufficient for both phases of Versailles. Item IV.E.- Street Improvements: As part of Phase I, the Developer agreed to dedicate the ultimate roadway for the realignmem of South Carroll Avenue, and to construct one- half of the ultimate roadway (two lanes out of four). In conjunction with this construction, the City agreed to waive Impact Fees. The Developer has requested that this agreement be continued for Phase II: 5-P and 5-O: Items left blank. Resolution No. 97-80, Appointment of the Mayor to serve as chair of the Reinvestment Zone Board of Directors. According to statue, the governing body of the municipality must appoint the Chair of the Reinvestment Zone Board. This resolution appoints Mayor REGULAR CITY COUNCIL MEETING MINUTES OF DEC. 16, 1997 PAGE 9 OF 18 Rick Stacy to serve as Chair for a one year term beginning January 1, 1998. 5-8. Resolution No. 97-81, authorizing Keep Southlake Beautiful to construct a waterscape at Bicentennial Park. In 1994, KSB received a grant from Texas Parks and Wildlife for a wildflower and wildlife habitat demonstration project to be developed in Bicentennial Park. A Waterscape was envisioned as part of the area. In the past eighteen months, KSB has raised $13,000 for the project. In May, SPDC provided $5,000 in matching funds for the project. In June, KSB initiated the 100 for $100 campaign, and in the past six months has raised an additional $8,000. Garden of Eden has been selected as the contractor for this project. The ground breaking event will be held on December 13 and the project completed in February (weather permitting). 5-T. ZA 97-130, Rezoning and Concept Plan for Southlake Garden Offices has been requested for tabling time certain January 6, 1998, at the request of the applicant. 10-A. Authorize the Mayor to enter into a Commercial Developer Agreement for Town Square, Phase I, incorporat'mg the changes noted in the memorandum dated December 12, 1997, from Ron Harper, City Engineer, and the changes discussed in the executive session of the meeting tonight. Agenda Item//6. Public Forum Dennis Minder, 223 Eastwood Drive, Southlake. Mr. Minder addressed council with concerns over the traffic situation on F.M. 1709 at the Westwood-Home Depot cross streets noting people are using Village Center Boulevard when that was not the intended use. He expressed concerns that the City either needs police officers at the site or he requested taking out the roadway. Agenda Item #7A. Ordinance No.683. 2nd reading Sidewalk Ordinance Ordinance No. 683, 2nd reading, was presented by Kim Lenoir, Director of Parks and Recreation, who noted the revised draft of the ordinance is presented per the direction of the Council and that the draft reflects a consensus-building effort among various representatives of the city's boards and commissions, the city staff, the city attorneys, and the development community. Two separate work groups were held with representatives from various groups to gain a better understanding of all perspectives. PUBLIC HEARING: The public hearing resulted with no comments from the audience. Motion was made to approve Ordinance No. 683 in second reading, pursuant to the changes made in work session and the wording changes made during this meeting. Motion: Martin REGULAR CITY COUNCIL MEETING MINUTES OF DEC. 16, 1997 PAGE 10 OF 18 Second: Muller Mayor Rick Stacy read the caption of the ordinance. Ayes: Martin, Muller, Moffat, Harris, Evans, Fawks, Stacy Nays: None Approved: 7-0 vote Agenda Item g7-B. Ordinance No. 585-A. 2nd reading. Tree Preservation Ordinance Greg Last, Director of Community Development, presented the sixth draft of the Tree Preservation Ordinance for second reading, commenting there are a few edit marks which reflect changes made since Council's approval of the first reading. Councilmember Scott Martin commented that he is proud to present this ordinance and noted it is a very important step to protecting the trees in Southlake. He stated he feels this ordinance makes it very clear when a layman comes in to look at our ordinances, what is expected of him. He asked that footnote #3 on page 7B-16 be removed. PUBLIC HEARING: Sandra Edelman, 922 Turnberry, Southlake. Ms. Edelman stated she is in support of the passing of the Tree Preservation Ordinance and wants the city to do whatever they can to preserve our trees. Motion was made to approve Ordinance No. 585-A, 2nd reading, including the addition of the aforementioned inclusion of "for a specimen under story tree as mentioned in Appendix "A" described by Director Last on page 7B-9, trader protected tree; and the exclusion of footnote "3" on page 7B-16. Motion: Martin Second: Muller Mayor Rick Stacy read the caption of the ordinance. Ayes: Martin, Muller, Moffat, Harris, Evans, Fawks, Stacy Nays: None Approved: 7-0 vote Councilmember Muller commented that with the tree survey, one way or another, a good point was made that all the trees are going to be surveyed first before a decision is made as to where a pad site goes anyway. It doesn't seem that it will cause an undo hardship. REGULAR CITY COUNCIL MEETING MINUTES OF DEC. 16, 1997 PAGE 11 OF 18 Agenda Item #7-C. Ordinance No. 480-262. 2nd reading (ZA 97-136) Ordinance No. 480-262, 2~d reading (ZA 97-136), Rezoning and Site Plan for the Courtyard at Timarron, on property legally described as being Lot 2, Hall Medlin No. 1038 Addition, an addition to the City of Southlake, Tarrant County, Texas, according to the plat recorded in Cabinet A, Slide 2495, Plat Records, Tarrant County, Texas. Current zoning is "R-P-U-D" Residential Planned Unit Development with "C-2" Local Retail Commercial District uses. Requested zoning is "S-P-1" Detailed Site Plan District with "O-1" Office District uses. Owner: Westerra-Timarron L.P. Applicant: Realty Capital Corporation. Karen Gandy, Zoning Administrator, commented that fourteen (14) notices were sent to property owners within the 200' notification area and no written responses have been received. Ms. Gandy commented that the Planning and Zoning Commission during their October 23, 1997 meeting, approved this item subject to the Site Plan Review Summary No. 1, dated October 17, 1997, deleting items #4a and #4b (parking requirements) to allow a ratio of one (1) parking space per every 275 s.f. of building floor area and not to exceed 33 % medical uses. Ms. Gandy stated the applicant has met all requirements of Site Plan Review Summary No. 1, dated October 17, 1997, and Site Plan Review Summary No. 2, dated October 31, 1997, with the exception of those items listed in the Site Plan Review Summary No. 3, dated December 12, 1997. Tom Waters, 920 South Main Street, Grapevine. Mr. Waters was present to answer questions of Council. Councilmember Scott Martin stated he feels this is the nicest development we have seen in town. PUBLIC HEARING: No comments were received during the public hearing. Motion was made to approve Ordinance No. 480-262, 2nd reading, pursuant to the Site Plan Review Summary No. 3, dated December 12, 1997, deleting item #1. Motion: Martin Second: Harris Mayor Rick Stacy read the caption of the ordinance. Ayes: Martin, Harris, Evans, Fawks, Muller, Moffat, Stacy Nays: None Approved: 7-0 vote Agenda Item /fT-D, ZA 97-149, Site Plan for Lot 25R-1. Block 1. Woodland Heiehts Addition. REGULAR CITY COUNCIL MEETING MINUTES OF DEC. 16, 1997 PAGE 12 OF 18 ZA 97-149, Site Plan for Lot 25R-1, Block 1, Woodland Heights Addition, an addition to the City of Southlake, Tarrant County, Texas, according to the plat recorded in Cabinet A, Slide No. 1681, Plat Records, Tarrant County, Texas, and being approximately 1.95 acres. Current zoning is "C-I" Neighborhood Commercial District. Owner and Applicant: Telesupport/Patrick Monahan. Karen Gandy, Zoning Administrator, commented that nine (9) notices were sent to property owners within the 200' notification area and two (2) written responses have been received from: Donald and Mary Light, 200 Westwood Drive, Southlake, undecided; and, Kinetic Research and Engineering, Craig Willan, 175 Westwood Drive, Southlake, in favor. Patrick Monahan, owner and applicant, stated he agrees to the items in the Site Plan review letters. PUBLIC HEARING: Pattie Minder, 223 Eastwood Drive, Southlake. Ms. Minder addressed the driveway that was discussed, noting she would rather the City use safety first. She expressed concerns with the driveway backing up, for instance, when there are two school buses. She stated Mr. Monahan has gone beyond what is required with lighting, as there is plenty of lighting with Kroger across the street. Ms. Minder suggested the fire lane around the outside of the property needs to be opened up in case of a disaster in Woodland Heights. Dennis Minder, 223 Eastwood Drive, Southlake. Mr. Minder stated Mr. Monahan has worked well with the neighbors. He stated, however, he does not feel we need an island at the first driveway. Mr. Monahan has agreed to not have a lighted sign. Mr. Miuder asked to have that in the motion. Motion was made to approve ZA 97-149, Site Plan for Lot 25R-1, Block 1, Woodland Heights Addition, pursuant to the Site Plan Review Summary No. 1 dated November 14, 1997; acknowledging the applicants willingness to coordinate the striping on the expanded street for the left hand turn lane as well as the ingress-egress out of the north most driveway on Westwood Drive; pursuant to the recommendations of the City Engineers and the Public Safety officials; and pursuant to the motion of the Planning and Zoning Commission; and including the provision that they be allowed to provide the landscaping as required by ordinance as opposed to what may or may not be shown on the plans. Motion: Martin Second: Fawks Ayes: Martin, Fawks, Muller, Moffat, Harris, Evans, Stacy Nays: None Approved: 7-0 vote REGULAR CITY COUNCIL MEETING MINUTES OF DEC. 16, 1997 PAGE 13 OF 18 Agenda Item g7-E. Ordinance No. 690.2ad reading. Approving Pro_iect and Finance Plan for Tax Increment Reinvestment Zone No. 1 Curtis Hawk, City Manager, stated, "Ordinance No. 690, 2nd reading, does approve the final project and financing plan. In approving the Final Project and Financing Plan, the CISD originally requested that Council expand the boundaries in order to allow them to look at the possibilities of funding some educational facilities. Even though this project plan does not reflect that, keep in mind that they do have the ability to come back in at any point and time, asking the City to amend the plan and add those facilities back in the plan. One of the things they are looking at with their legal advisors and bond counsel is a resolution to whether or not they could use education facililities as classrooms. One of the things the Attorney General is looking at is does the existing statute exempt them up to January 1999 apply, or is the ruling going to be something different? They are trying to get an answer to those questions." The key points in the plan now is that the cost of the administration building has been increased to $210 million. Also, those school facilities have been removed from the plan and the reinvestment zone has gone back to the 256 acres, and not the expanded version. The TIF board has already taken the additional acreage out of the plan. PUBLIC HEARING: No comments were received during the public hearing. Motion was made to approve Ordinance No. 690, 2nd reading. Motion: Harris Second: Muller Mayor Rick Stacy read the caption of the ordinance. Ayes: Harris, Muller, Moffat, Martin, Evans, Fawks, Stacy Nays: None Approved: 7-0 vote Councilmembers adjourned for recess at 8:55 p.m. Councilmembers returned to open session at 9:02 p.m. Agenda Item #8-D. Ordinance No. 480-264, 1~t reading (ZA 97-150~. Ordinance No. 480-264, 1st reading, (ZA 97-150), Rezoning and Revised Site Plan for Georgetown Park, on property out of the Thomas Easter Survey, Abstract No. 474, Tract 2 A3A, being approximately 1.22 acres and a Revised Site Plan for Georgetown Park, being approximately 6.63 acres out of the Thomas Easter Survey, Abstract No. 474, Tracts 2A3A, 2A3C, and Lot 1, Block 1, Georgetown Park, an addition to the City of Southlake, Tarrant County, Texas, according to the plat recorded in Cabinet A, Slide No. 3434 Plat Records, Tarrant County, Texas. Current zoning is "CS" Community Service District, with a requested zoning of REGULAR CITY COUNCIL MEETING MINUTES OF DEC. 16, 1997 PAGE 14 OF 18 "C-2" Local Retail Commercial District. Owner: Georgetown Monticello Parmers, Ltd. Applicant: Realty Capital Corporation. Karen Gandy, Zoning Administrator, commented that fifteen (15) notices were sent to property owners within the 200' notification area and three (3) written responses have been received from: G.M. Nettleton, 2611 E. Southlake Boulevard, Southlake, in favor; Liberty Bank (Gary Price) 2438 E. Southlake Boulevard, Southlake, in favor; and, Roy E. Lee, 2620 East Southlake Boulevard, Southlake, in favor. Ms. Gandy stated the applicant has met all items in the revised Site Plan Review Summary No. 1, dated November 26, 1997, with the exception of those items in the Site Plan Review Sununary No. 2, dated December 12, 1997. Tom Waters, 920 South Main Street, Grapevine, was present to answer questions of Council. He asked that item #1-A be deleted. Motion was made to approve Ordinance No. 480-264, 1 ~ reading, subject to the Site Plan Review Summary No. 2, dated December 12, 1997; deleting item #l-A; deleting item 6; and further allowing a waiver of the loading zone as shown, if the Zoning Administrator fmds adequate alternative locations can be found that comply with the spirit of the ordinance. Motion: Harris Second: Martin Mayor Rick Stacy read the caption of the ordinance. Ayes: Harris, Martin, Evans, Fawks, Muller, Moffat, Stacy Nays: None Approved: 7-0 vote Agenda Item g8-E. Ordinance No. 480-265. 1~ reading (ZA 97-155} Ordinance No. 480-265, 1~ reading (ZA 97-155), Rezoning for Cornerstone Business Park, Phase II, on property out of the C.B. McDonald Survey, Abstract No. 1013, Tracts 1 and 3, and being approximately 67.64 acres. Current zoning is "AG" Agricultural District with a requested zoning of "I-1" Light Industrial District. Owner: John R. McDearman. Applicant: Southlake Cornerstone Business Park, L. P. Karen Gandy, Zoning Administrator, commented that twelve (12) notices were sent to property owners within the 200' notification area and four (4) written responses have been received from: James F. Lunsford, P.O. Box 1685, Dallas, in favor; Ralph Segars, 11132 York Spring Drive, Dallas, in favor; Pamela Morrison, 710 Whispering Woods Circle, Southlake, opposed; and, Iva Lee Johnson, 720 Whispering Woods Circle, Southlake, opposed. A petition was received which stated opposition to straight "I-1" zoning on Lot 2, Block 2. There was a total of 18 signatures of which were within the 200' notification area. REGULAR CITY COUNCIL MEETING MINUTES OF DEC. 16, 1997 PAGE 15 OF 18 Ms. Gandy noted a change of the "I-l" Light Industrial District does not require a Concept Plan Review by staff. Mr. John Levitt, Levitt Engineers, 726 Commerce, Ste 104, Southlake, was present on behalf of Cornerstone Business Park, Phase II, who noted the CISD owns 43 acres north of the 67.64 acres. Mr. Levitt asked to have this item tabled until the ownership issue is finalized. Councilmember Harris asked staff to renotify Mr. Lowell Morrison if this case should come back. PUBLIC COMMENTS: Lowell Morrison commented, if this property is that of the CISD, it does not need to come back for zoning. He asked that he be notified if this item should come back to Council. Motion was made to table ZA 97-155 at the request of the applicant, time certain January 6, 1998. Motion: Martin Second: Harris Ayes: Martin, Harris, Evans, Fawk, Muller, Moffat, Stacy Nays: None Approved: 7-0 vote (to table) Agenda Item #8-F, ZA 97-156. Preliminary Plat for Cornerstone Business Park. Phase II ZA 97-156, Preliminary Plat for Cornerstone Business Park, Phase II, being approximately 67.64 acres out of the C.B. McDonald Survey, Abstract No. 1013, Tracts 1 and 3. Current zoning is "AG" Agricultural District. Owner: John R.McDearman. Applicant: Southlake Cornerstone Business park, L. P. Motion was made to table ZA 97-156, at the request of the applicant, time certain January 6, 1998. Motion: Martin Second: Harris Ayes: Martin, Harris, Evans, Fawks, Muller, Moffat, Stacy Nays: None Approved: 7-0 vote (to table) Agenda Item gS-G. ZA 9%158. Plat Revision for the proposed Lots 4R7R5. Block 1. Cedar Oaks Estates ZA 97-158, Plat Revision for the proposed Lots 4R7R1-4R7R5, Block 1, Cedar Oaks Estates, REGULAR CITY COUNCIL MEETING MINUTES OF DEC. 16, 1997 PAGE 16 OF 18 being a revision of Lot 4R7, Block 1, Cedar Oaks Estates, an addition of the City of Southlake, Tarrant County, Texas, according to the plat recorded in Cabinet A, Slide No. 545, Plat Records, Tarrant County, Texas. Current zoning is "SF-1A" Single Family Residential District. Owner: Tom Benner. Applicant: Four Peaks Development, Inc. Karen Gandy, Zoning Administrator, commented that eight (8) notices were sent to property owners within the 200' notification area and two (2) responses have been received from: Lloyd and Diane Tompkins, 1720 Sleepy Hollow Trail, Southlake, opposed. Mr. Tompkins listed several reasons for his opposition in a letter attached to the minutes of this meeting. Larry and Cathy Foreman, 1755 Sleepy Hollow Trail, Southlake, opposed, adding, "There is no road access to the rear lots. The triple adjacent driveways for access is inconsistent with the rest of the neighborhood." Ms. Gaudy noted a petition was received from Larry Foreman, which states opposition primarily based on lot access to rear lots. There was a total of ten signatures, 5 of which were within the 200' notification area. Because the applicant has requested a variance to the requirements of this plat, due to opposition of adjacent property owners within the 200' notification area in excess of 20 %, a super-majority vote of the City Council members present will be required to approve this request. David McMahan, 1335 Hidden Glen, Southlake. Mr. McMahan stated he represents Four Peaks Development, and wanted to keep away from curb and gutters, because he wanted to save more trees. The property has city road frontage with one cut onto Sleepy Hollow. Everybody on the road will access onto a private drive. This will not be a gated addition, according to Mr. McMahan, and the City can run the utilities through the private road. He noted, they believe it is a better design than a design with a cul-de-sac. He asked Council to remove items//7 and//8- a, from the Revised Plat Review Summary. PUBLIC COMMENTS: Lloyd Tompkins, owner, Lot 3 (next to the proposed property). Mr. Tompkins stated he feels this is wrong. He also noted, if the new street is as wide and strong as a city street, he will have no problem with the development. He noted Council should require the street be in place before lots are sold in the addition. Mr. McMahan stated he will build the street to the City standards with a fire hydrant. The lots will be deed restricted, the property will have a fence of brick with stone columns and it is his intention to have sewer to the property. He stated he is not aware of any drainage problems on the property. Motion was made to approve, ZA 97-158, Plat Revision, subject to the Revised Plat Review Summary No. 1, dated December 12, 1997; deleting items//7,//8a, and //9; further providing that no development take place until a Developer Agreement is signed and said agreement is to REGULAR CITY COUNCIL MEETING MINUTES OF DEC. 16, 1997 PAGE 17 OF 18 provide for the construction of the private driveway to city standards to a width of 26' street providing for a 4" base and 4" asphalt street to be built; including the deed restriction that no access be allowed for off Sleepy Hollow, save and except for the private driveway; and restricting against gating the private driveway; and that no building permits be issued on any lots until the Developer Agreemem is signed. Motion: Harris Second: Martin Ayes: Harris, Martin, Evans, Fawks, Moffat, Stacy Nays: None Approved: 6-0 vote (Councilmember Muller is out of the room and did not vote) Agenda Item//12. Adjournment The meeting was adjourned by Mayor Rick Stacy at 10:25 p.m. Ma~& ~ick Stacy Att ~: Sandra L. LeGrand City Secretary D :\WP-FILES\MINUTES\CC- 12-16.MIN REGULAR CITY COUNCIL MEETING MINUTES OF DEC. 16, 1997 PAGE 18 OF 18 City of Southlake, Texas CITY OF SOUTHLAKE, TEXAS OATH OF OFFICE STATE OF TEXAS COUNTY OF TARRANT /DENTON CITY OF SOUTHLAKE "I, ANDREW WAMBSGANSS, solemnly swear (or affirm) that I will faithfully execute the duties of a DIRECTOR OF THE CRIME CONTROL AND PREVENTION DISTRICT of the City of Southlake, Texas, and will to the best of my ability preserve, protect, and defend the Constitution and Laws of the United States of America and of this State and the Charter and Ordinances of the City. I furthermore solemnly swear (or affirm) that I have not directly nor indirectly paid, offered, or promised to pay, contributed, nor promised to contribute any money or valuable thing, or promised any public office or employment, as a reward to secure my appointment or the confirmation thereof. So help me God." ' \ ' 7111-K. Andrew Wambsganss SWORN TO AND SUBSCRIBED BEFORE ME, THIS THE /S DAY OF DECEMBER, 1997. . \a .�� O S P lt �, 46 4 _? ° Mayo Rick Stacy ATTEST: '�,,;``•.........•••:a�� A kt■ il Sandra L. LeGrand City Secretary City of Southlake, Texas CITY OF SOUTHLAKE, TEXAS OATH OF OFFICE STATE OF TEXAS COUNTY OF TARRANT /DENTON CITY OF SOUTHLAKE "I, BOB MUNDLIN, solemnly swear (or affirm) that I will faithfully execute the duties of a DIRECTOR OF THE CRIME CONTROL AND PREVENTION DISTRICT of the City of Southlake, Texas, and will to the best of my ability preserve, protect, and defend the Constitution and Laws of the United States of America and of this State and the Charter and Ordinances of the City. I furthermore solemnly swear (or affirm) that I have not directly nor indirectly paid, offered, or promised to pay, contributed, nor promised to contribute any money or valuable thing, or promised any public office or e • ploy II - t, as a reward to secure my appointment or the confirmation thereof t • he ► me God." / / �Z�% / /:,-L___ Bob Mun• • SWORN TO AND SUBSCRIBED BEFORE ME, THIS THE / DAY OF DECEMBER, 1997 �ttt� N. tttuurri -) \N OF S '2 �O4 e iiir-- P. ∎, Mayor Rick Stacy ,i * ?': ATTEST: % 4 *s.•.......•• + AtitA 44/( Sandra L. LeGrand City Secretary City of Southlake, Texas CITY OF SOUTHLAKE, TEXAS OATH OF OFFICE STATE OF TEXAS COUNTY OF TARRANT /DENTON CITY OF SOUTHLAKE "I, KIM CLANCY, solemnly swear (or affirm) that I will faithfully execute the duties of a DIRECTOR OF THE CRIME CONTROL AND PREVENTION DISTRICT of the City of Southlake, Texas, and will to the best of my ability preserve, protect, and defend the Constitution and Laws of the United States of America and of this State and the Charter and Ordinances of the City. I furthermore solemnly swear (or affirm) that I have not directly nor indirectly paid, offered, or promised to pay, contributed, nor promised to contribute any money or valuable thing, or promised any public office or employment, as a reward to secure my appointment or the confirmation thereof. So help me God." Kim Clancy SWORN TO AND SUBSCRIBED BEFORE ME, THIS - 0 D-DAY OF DECEMBER, 1997. 7 May • Rick tacy ATTEST: is • •�� / ,„„„„. Sandra L. LeGrand City Secretary City of Southlake, Texas CITY OF SOUTHLAKE, TEXAS OATH OF OFFICE STATE OF TEXAS COUNTY OF TARRANT /DENTON CITY OF SOUTHLAKE "I, MARTIN SCHELLING, solemnly swear (or affirm) that I will faithfully execute the duties of a DIRECTOR OF THE CRIME CONTROL AND PREVENTION DISTRICT of the City of Southlake, Texas, and will to the best of my ability preserve, protect, and defend the Constitution and Laws of the United States of America and of this State and the Charter and Ordinances of the City. I furthermore solemnly swear (or affirm) that I have not directly nor indirectly paid, offered, or promised to pay, contributed, nor promised to contribute any money or valuable thing, or promised any public office or employment, as a reward to secure my appointment or the confirmation thereof. So help me God." 7 /, Martin Schelling SWORN TO AND SUBSCRIBED BEFORE ME, THIS THE /1 DAY OF DECEMBER, 1997. ,0111 i EF. a '� 4 m = Mayo Rick Stacy ATTEST: Sandra L. LeGrand City Secretary City of Southlake, Texas CITY OF SOUTHLAKE, TEXAS OATH OF OFFICE STATE OF TEXAS COUNTY OF TARRANT /DENTON CITY OF SOUTHLAKE "I, PAM McCAIN, solemnly swear (or affirm) that I will faithfully execute the duties of a DIRECTOR OF THE CRIME CONTROL AND PREVENTION DISTRICT of the City of Southlake, Texas, and will to the best of my ability preserve, protect, and defend the Constitution and Laws of the United States of America and of this State and the Charter and Ordinances of the City. I furthermore solemnly swear (or affirm) that I have not directly nor indirectly paid, offered, or promised to pay, contributed, nor promised to contribute any money or valuable thing, or promised any public office or employment, as a reward to secure my appointment or the confirmation thereof. So help me God." Pam McCain SWORN TO AND SUBSCRIBED BEFORE ME, THIS THE /1 DAY OF DECEMBER, 1997. i 7 O Mayor Rick Stacy ATTI . 9 Sandra L. LeGrand City Secretary City of Southlake, Texas CITY OF SOUTHLAKE, TEXAS OATH OF OFFICE STATE OF TEXAS COUNTY OF TARRANT /DENTON CITY OF SOUTHLAKE "I, JOHN SWIFT, solemnly swear (or affirm) that I will faithfully execute the duties of a DIRECTOR OF THE CRIME CONTROL AND PREVENTION DISTRICT of the City of Southlake, Texas, and will to the best of my ability preserve, protect, and defend the Constitution and Laws of the United States of America and of this State and the Charter and Ordinances of the City. I furthermore solemnly swear (or affirm) that I have not directly nor indirectly paid, offered, or promised to pay, contributed, nor promised to contribute any money or valuable thing, or promised any public office or employment, as a reward to secure my appointment or the confirmation thereof. So hel . - Joh ft SWORN TO AND SUBSCRIBED BEFORE ME, THIS THE l DAY OF DECEMBER, 1997. Otuuitio /i, c . Sou , Mayo Rick Stacy 'f = ATTS .f:a�� / ••••••••• / 414411,1t /41444.1.- Sandra L. LeGrand City Secretary City of Southlake, Texas CITY OF SOUTHLAKE, TEXAS OATH OF OFFICE STATE OF TEXAS COUNTY OF TARRANT /DENTON CITY OF SOUTHLAKE "I, JERRY FARRIER, solemnly swear (or affirm) that I will faithfully execute the duties of a DIRECTOR OF THE CRIME CONTROL AND PREVENTION DISTRICT of the City of Southlake, Texas, and will to the best of my ability preserve, protect, and defend the Constitution and Laws of the United States of America and of this State and the Charter and Ordinances of the City. I furthermore solemnly swear (or affirm) that I have not directly nor indirectly paid, offered, or promised to pay, contributed, nor promised to contribute any money or valuable thing, or promised any public office or employment, as a reward to secure my appointment or the confirmation thereof. So help me ed." erry ' arrier SWORN TO AND SUBSCRIBED BEFORE ME, THIS THE DAY OF DECEMBER, 1997. - ����•`` sou ry o 9 � i _ I. ��.�► .� 4 � � \I\ Mayo Rick Stacy w m E. ATTEST:j co kominuo Sandra L. LeGrand City Secretary City of Southlake, Texas MEMORANDUM December 12, 1997 TO: Curtis E. Hawk, City Manager - FROM: Kim Lenoir, Director of Parks and Recreation SUBJECT: Authorize the City Manager to execute the Professional services contract amendment with Cheatham and Associates for Bob Jones Park Phase I, Part B - Grant Project SPDC is considering this request Monday, December 15 and it is on the Tuesday, December 16 City Council agenda for City Council to consider SPDC's action. SPDC needs to expand the scope of services with Cheatham and Associates to provide engineering, surveying, landscape architecture and architecture for the Bob Jones Park grant supported items. The grant /SPDC budget for FY 1997 -98 is $534,250. Amendment No. 2 is requesting $100,500 for professional services needed for the grant items budgeted. To clarify the professional services contract process on this project, SPDC has approved the following: Original Contract: Surveying, grading of 50 acres of city land; not to exceed 858,000 Amendment No. 1: Construction plans for parking lots /14 soccer fields sod and irrigation; not to exceed $134,000 Amendment No. 2: Surveying, grading, construction plans for grant items; not to exceed $ 100,500 The total construction budget estimate for Bob Jones Park Phase I - Part A & B equals $1,767,985. Professional fees total $292,500 which is 6% of construction costs, well within the industry standard. Staff recommends approval of Amendment No. 2. Please add to the City Council agenda to authorize the City Manager to execute the professional services contract amendment with Cheatham and Associates for Bob Jones Park Phase I, Part B, Grant Project. �� have any questions please contact me at 481 -5581, extension 757. ILL 5F -1 City of Southlake, Texas — — MEMORANDUM December 12, 1997 TO: Curtis E. Hawk, City Manager FROM: Ron Harper, City Engineer SUBJECT: Authorize the Mayor to Enter into a Commercial Developers Agreement for Town Square -Phase I BACKGROUND Attached is the commercial developers agreement for Town Square -Phase I. The agreement has attempted to combine the provisions of the standard developers agreement with the special aspect of this project in dealing with the Tax Increment Reinvestment Zone. The areas of interest relative to this agreement are as follows: I.E. The Developer will transfer title of all park land included in phase I so that the City can construct improvements concurrently with the phase I infrastructure improvements. II.A. The Developer will be increasing the perimeter water line from 12 inches to 20 inches. This will assist the City in its long range plans to interconnect all of our elevated water tanks with 20 -inch feed lines. II.F. The Developer has agreed to indemnify the City against injuries or claims caused by building and tenant projects into the City rights -of -way. This project is unique in that the building lines will be located on the rights -of -way lines. The Development Regulations allowed for various building projections into the right -of -way such as sills, belt courses, pilasters, roof eaves, bays, show windows, awnings, etc. IV.C. Park Fees- The Developer has met with the Parks Board regarding park dedication requirements of this project. The Developer is required to dedicate 0.84 acres or $33,610.00. The Developer has agreed to dedicate the land for the Band Shell Park (1.755 acres). The Park Board has recommended that the Developer be granted 100% credit for phase I and also be allowed to carry over the excess dedication (0.9 acres) to be applied to future phases. 10A -1 IV.E. The construction of the public infrastructure is eligible for reimbursement through the Tax Increment Reinvestment Zone process. The Developer and City have identified costs for this infrastructure of approximately $7.3 million. The Developer requests that the City's reimbursement not exceed $2,900,000.00 (40 %). The funding of the construction of the park amenities will be the responsibility of the City and will total approximately $1,130,000.00. The Developer has stated that any of the costs from the infrastructure and park construction in excess of $4,030,000.00 will be the responsibility of the Developer; however if the City's share of the infrastructure development does not reach $2,900,000.00, the Developer requests to carry the difference over and apply the funds to the park construction. IV.C. The City will be responsible for the design and construction of the relocation of North Carroll Avenue. Due to the uncertainty of the City's schedule, the completion of this work will not be a condition for the Developer to obtain certificate of obligation for any buildings. The Developer has dedicated a 100 -foot right -of -way through this property to accommodate the realignment of North Carroll Ave. The Developer requests that the existing North Carroll Ave. right -of -way be quitclaimed to him since he is dedicating the entire new right -of -way. RECOMMENDATION Staff recommends this item be placed on the December 16, 1997 Regular City Council Agenda for City Council review and consideration. RH Attachment: Commercial Developer Agreement 10A -2 TO: Southlake City Council I support passage of the amendments to the Tree Preservation Ordinance proposed and drafted by Keep Southlake Beautiful. I believe that the tree cover in Southlake should be preserved to the extent practicable. I believe that the present ordinance does not accomplish this objective. The reasons for my support are as follows: 1. Developers of property should be required to demonstrate that the placement of roads, buildings and parking lots minimizes the removal of trees to the extent practical. 2. Most exemptions from the requirement to obtain a tree removal permit should be eliminated including the exemption for land zoned agricutural. 3. practical, a reforestation trees removed should be fund should be established to support planting trees praca elsewhere in Southlake. 4. The provisions for the protection of trees should be strengthened inducting those relating to trenching near trees and putting fencing around trees during construction. 5. The penalties for violating the received from selling a felled tree as fir fines are larger than the money e I have read Tree Preservation in Southlake and support the objectives stated • thZar rein. �� �L ze'�' e '`�"" Printed Name: " AAJ/4,. &H/q / s ' L6 Address: .1575 G s 7 Dre. - 74' Signature: LA 6Adezei Printed Name: rn ard e ll St hai I le Address: �. 7S � rdr Dr, Jvu%h e /c e 7 60q.. ) --, Signature: Printed Name: t(J / l Qd' °^ Address: qtf /t) t`"° v ' Ile - Signature: (uii4) i Printed Name: ee-te ( — (I Address: ( 0 ` L C Nine Village Circle Suite 500 Westlake TX 76262 817 430 -0303 817 430 -8750 Fax fuNff December 10, 1997 I FC ► O 1997 OFFICE OF CITY SECRETARY MaguirePartners Chief Billy Campbell City of Southlake Department of Public Safety 667 N. Carroll Avenue Southlake, Texas 76092 Dear Chief Campbell, Thank you for the prompt, professional response to the incident at the Solana Marriott Hotel yesterday. We are pleased that all turned out well and the event was minor in nature. The speed in which your talented crew of firefighters and public safety officials responded, and the organized manner in which they efficiently and effectively conducted their business brings honor to the City of Southlake. The availability of top notch personnel, state of the art equipment and training is a necessity to properly respond to emergency situations, and it was clear that all factors were present as you and your team conducted your business yesterday. We are proud to be a part of Southlake and fortunate to have the best municipal employees in North Texas. Sincerely, 41 aatti William H. Flaherty Senior Vice President cc: Mayor Rick Stacy -City of Southlake V Curtis Hawk -City of Southlake Jim Smith - Marriott Solana Hotel Tom Allen- Maguire Partners brews Realty Group [ ._. C � ' fj `,, (� Real Estate Investment and Development FC - 8 1997 OFFICE OF CITY SECRETARY ; November 29, 1997 Mr. Curtis Hawk City Manager City of Southlake 667 N. Carroll Avenue Southlake, Texas 76092 Re: Southlake Police Dear Curtis: I received a call at home Friday evening from a Southlake police officer (I unfortunately don't remember his name) who was calling from our offices on Commerce to report they had found the door open and wanted me to know so I could get the space secure. What occurred after he told me of the problem deserves special recognition. I was surprised they knew my home phone number and asked him how he knew. He said they had looked it up on my secretary's rolodex. Needless to say, they did not have to make the extra effort to figure out how to find me. Next, he explained it looked like nothing was missing and asked if I wanted them to stay until I was able to come over to lock the space. Once again, I really appreciated that offer which was beyond what I would have expected. Finally, he suggested I call the Police Department and give them emergency information. I planned to do this Monday. Then, this morning while I was at the office another officer came in and asked if I could give him our emergency information ... I didn't even have to wait until Monday. Both of the officers were professional, courteous and, most important to me, sincerely interested in helping us. The City is fortunate to have officers of such caliber and the citizens and businesses of Southlake are fortunate to have a police department that is obviously dedicated to making Southlake a safe place to live and do business. 58O Commerce Street, Suite 400 • Southlake, Texas 76092 -9113 • Telephone: (817) 251 -2258 • Metro: (817) 329 -1684 • Fax: (817) 416 -8418 Mr. Curtis Hawk November 29, 1997 Page 2 Please pass these comments on to the appropriate people. 4 incere1y, John 11 rews me cc: Major Rick Stacy Lloyd Tompkins 1720 Sleepy Hollow Tr. Southlake, Texas 76092 (817) 421 -8747 — ----- E / b, 1 4 y t vi L 7 City Council EC i 6 1997 City of Southlake OFFICE OF CITY SECRETARY + Dear Councilmen, The residents of Cedar Oaks Estates made a mistake. We only wrote protests to the Plat Revision, Lot 4R7, and did not attend the planing & Zoning hearing because: 1. Lot 3 (West Adjacent 3.7 acre lot to Lot 4R5) attempted to use the "Shared Driveway" type lot revision September 1985, and was rejected by the City of Southlake. 2. Lot 5R7 (East Adjacent 5+ acre lot to Lot 4R5) was revised into 5 acre lots and was rightfully approved by the City of Southlake because the proper road with curbs was constructed to access the added 5 lots. We did not think it was possible for the Planing and zoning commission to approve Plat Revision, Lot 4R7. Four Peaks Development, Inc., has purchased the 5.27 acre lot with the contingency that the Plat revision is approved. Even they knew it had a slim possibility of passing. If it isn't approved, they are only out the cost of the survey. If it is approved, they will pay $200K and sell the 5 lots for $100K each. They will receive quick $500K for a investment of $200K, so why not take the chance that this revision may sneak through. The residents of Cedar Oaks Estates expect the City of Southlake to protect us from this type of "Shared Driveway" Plat Revision. This is the type revision that would only take place outside city limits. Please keep Cedar Oaks Estates an asset to this great City of Southlake. We are not against progress, just make them reinvest a portion of their profits into the proper road with curbs like the adjacent 5.7 acre Plat Revision. I will be at the meeting tonight. Please give me 10 minutes of your time to speak. Thank You, /‘ 134 /-' 41-71° Lloyd Tompkins I (/' • • 9 l West Adjacent Lot Revision to 4R5 (Done Right) .ir li 1 . c,40,.‘".,.,460,„,-•!.. 1 . : -__. 4 � a `vo , } 4j . 7 L >< a aF a 1 a =� - 1 ,11? IQ OAQ ADDED 1 - �- _ ,......_:,.... 7� 1 I a.�..... ors T. - .:,,, 1 iipsw . - -.., 4 m , V � ' y I! x ! 11 ' 1 r� v . v. 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CHILDRESS SURVEY ABSTRACT N0. • II I 1 • b o • I I BLOC% 1 / if s 4R4 $ 663 � p"y • • },ea6 S.F. / 4],660 S.F. c • I' II �" / Y • 1.1 I I , ,, I 1 o p.0- z r us. I I\ N I I n n , , � �' • �'w 7 P I BLOCK 1 H I OPO / = n a 11 427 r 43.611 S.F. ... ( — -- 329,540 S.F. r JI 5.270 A I I I r - - -- • 1 rm 1Of . ' d . o a: I ,v uR on. .,.m, . .4d / I ' 422 0 ■ 310 , . A a m e ¢ a 1 - 7 2, • VOL w .. 23.004 S.F. y I II . } 1 I I I s i I 1 1 / ^ I 1 I y 466 ''; a l l waxo w F I' ' a., KM r.;o ir I 43.560 S.F. S ; v6� a-in a A • e&_1 � r _ —en —i F— ax -� s xa ` - u o_�sorxr .. — K ua N ... i ,f _ o-sar ,00 utt Vr1 u� H nii 4}, S.F. I. MITI MUM TIWL (6o ROM) o-, ..vs l a I I . R•6.0.55 \ .. �b I L- 207.96 +• l 1 0.085..3•53* ^ Wr,s OtAm r/ ' \ N } �t S'k • 7641..1, -,A ..6F lc,. aKni 0 e J 1 amr MO ,. - \ 1 l 4 / \ d 4. aaeA .r_ , 4 I \ -- 7C m LOT 111 / .axm IF- to, AK I i k, 6, 1-t- "The owners of all corner lots shall maintain sight triangles in accordance with the City Subdivision Ordinance." • • STATE OF TEXAS - EASEMENT ABANDONMENT COUNTY OF TARRANT - We, the undersigned, as duly authorized representatives of the following utility companies, hereby express no objection to the abandonment of the BEFORE me, the undersigned authority. a Notary easement so noted on this plot, seid easement being previously recorded Texas, on this day personally appeared Raymond D. Tu• • in Vol. 388 -127, Page 9. of the Plot Records of Tarrant County, Texas. Benner and Lynnaia Benner. husband and wife, known whose name is subscribed to the above and foregoing acknowledged to me that they executed the same for • �./ y ' consideration therein expressed and in the capacity the _NA—__ _Date: _Date: /all Texas Utilities Tri- County Electric Coop. �.} O \1 - G ' 4 Y . - �w'��' -x- a e p Notary Public, t - • 3l Date: ins Date /4/5/90 t Notary's Prince_ ral Telephone Co. Lone Star Gas Commission Exp 2 -113-0 — f