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1996-02-06 CITY OF SOUTHLAKE, TEXAS 667 NORTH CARROLL AVENUE REGULAR CITY COUNCIL MEETING FEBRUARY 6, 1996 MINUTES COUNCILMEMBERS PRESENT: Mayor Gary Fickes; Deputy Mayor Pro Tem Pamela Muller. Members: W. Ralph Evans, Sally Hall, and Michael Richarme. COUNCILMEMBER ABSENT: Mayor Pro Tem Andy Wambsganss. CITY STAFF PRESENT: Curtis E. Hawk, City Manager; Shana Yelverton, Assistant City Manager; Kevin Hugman, Assistant to the City Manager; Lou Ann Heath, Director of Finance; Bob Whitehead, Director of Public Works; Ron Harper, City Engineer; Greg Last, Director of Community Development; Karen Gandy, Zoning Administrator; Billy Campbell, Director of Public Safety; Kim McAdams, Director of Parks and Recreation; Wayne K. O1son, City Attorney; and Sandra L. LeGrand, City Secretary. INVOCATION: Councilmember W. Ralph Evans WORK SESSION: The work session was held where agenda items for tonight's meeting were discussed by Council and staff. The Regular City Council meeting was called to order at 7:05 p.m. by Mayor Gary Fickes. Aeenda Item #2-A, Executive Session Mayor Fickes advised the audience that Council would be going into executive session pursuant to Chapter 551 of the Texas Government Code, Sections 551.071,551.072, 551.074, 551.076 of the Open Meetings Act, to seek the advice of the City Attorney with respect to pending and contemplated litigations, and to discuss the purchase, exchange, lease or sale of real property and to consider the appointment and evaluation of public officials, and regarding the deployment of specific occasions for implementation of security personnel or devises. Council adjourned for executive session at 7:06 p.m. Council returned to open session at 7:45 p.m. Aeenda Item #2-B. Action Necessary/Executive Session Motion was made authorize staff to continue the deliberations and proceed condemnation of property as discussed in executive session. Motion: Rieharme Second: Muller with the Regular City Council Meeting Minutes February 7, 1996 page two Agenda Item #2-B. Continued Ayes: Richarme, Muller, Hall, Evans, Fickes Nays: None Approved: 5-0 vote Agenda Item #3. Aooroval of Minutes January 16. 1996 Meeting Motion was made to approve the minutes of the Regular City Council Meeting held on January 16, 1996 as presented. Motion: Richarme Second: Muller Ayes: Richarme, Muller, Hall, Evans, Fickes Nays: None Approved: 5-0 vote Agenda Item #4-A. Mayor's Reoort Mayor Fickes announced that the first day to file for a place on the ballot for the May 4, 1996 General Election is February 19, 1996. Places 1, 5 and 6 are up for reelection. A~enda Item #4-B, City Manaeer's Reoort Curtis Hawk, City Manager, announced that a City Council work session will be held on February 13, 1996 at 7:30 p.m. whereby the Neighborhood Preservation will be discussed, as well as other items. He also announced that the City Council will be having a work session on February 27, 1996, whereby citizens will be asked to participate in the Municipal Complex Project. Agenda Item #4-c. SPIN Reoort Rex Potter, 303 Waterford Court, Southlake. Mr. Potter, SPIN Representative for//13, stated his area has had six meetings in the past five months, whereby three of the meetings were related to developments with the developer speaking to the groups. He stated he is getting more phone calls on the "Southlake Commons" project. He noted the concerns of SPIN//13 include: Southlake Commons; traffic congestion on F.M. 1709; SouthRidge Blvd. stop sign; the property across from the high school, what will "C-3" zoning allow to happen on the comer. State "Volunteer" signs, size and placement are a also of concern. Mr. Potter expressed that he is proud to be a part of the SPIN program, however, he has resigned effective February 19, 1996, in order to file for a council seat in the May, 1996 election. Regular City Council Meeting Minutes February 6, 1996 page three Agenda Item #5. Consent Agenda Mayor Fickes stated the consent agenda consisted of the following items: Inteflocal Agreement between the City of Southlake and Carroll Independent School District (CISD) establishing a Joint Polling Location for the General Election to be held on May 4, 1996. 5-B Resolution No. 96-02, Calling the General Election to be held on May 4, 1996 for the purpose of electing City Councilmembers Places 1 and 6. 5-C Resolution No. 96-03, Calling a Special Election to be held on May 4, 1996 for the purpose of filling the unexpired term of Councilmember Place 5. 5-D Resolution No. 96-09, appointment of Jan Francis as SPIN Neighborhood #5 representative, to fill the unexpired term of Shelly Minton. 5-E Resolution No. 96-11, appointment to the Economic Development Advisory Committee. 5-F Interlocal Agreement between the City of Southlake and City of Grapevine for the Renewal and Extension of Sanitary Sewer Services. 5-G Resolution No. 96-12, authorizing the Execution and Delivery of a Continuing Disclosure Agreement with TRA. 5-H Authorizing the Mayor to enter into a contract with Cheatham and Associates, for Engineering Services for Design of Water Mains along North Kimball Avenue and South White Chapel Blvd. 5-1 Authorizing the Mayor to enter into a contract with Cheatham and Associates for Engineering Services for 6-inch Water Mains in Hilltop and Kidwell Addition; 8-inch Water Main in Lonesome Dove Avenue, and Dove Street to Emerald Circle; and Lift Station for Force Main for Dove Estates. 5-J Approving the City of Southlake and Carroll Independent School District policy of Joint Use for Use and Control of Local Government Cable Channel. 5-K Authorizing the Mayor to enter into an Interlocal Agreement between the City of Southlake and City of Keller for the provisions of Sanitary Sewer Services. 5-L Amendment to the Coventry Developer Agreement to provide for reimbursement of sewer construction as agreed in original agreement. Regular City Council Meeting Minutes February 6, 1996 page four Aeenda Item//5. Continued 5-M Permission to Advertise Construction of a Sanitary Sewer along North Randol Mill Avenue and Street Reconstruction of Randol Mill Avenue, from Southlake Blvd., to Kingswood Drive. Motion was made to approve the consent agenda, including items//5-A, #5-B, #5-C, #5-D, #5- E, #5-F, #5-G, #5-H, #5-I, #5-J, #5-K, #5-L, #5-M. Motion: Richarme Second: Muller Ayes: Richarme, Muller, Hall, Evans, Fickes Nays: None Approved: 5-0 vote ADDITIONAL INFORMATION ON CONSENT ITEMS Kevin Hugman reported that the Joint Utilization Committee discussed during their November 14, 1995 meeting the possibility of a joint polling location for City and Carroll ISD early and regular voting for the May 4, 1996 General Election. Sandy LeGrand, City Secretary and Karen House, CISD Director of Financial Services, were present to answer questions. The JUC approved the interlocal agreement on December 12, 1995. The CISD approved the agreement during the school board meeting on January 22, 1996. The agreement states early voting is to be conducted in the office of City Secretary, Sandra LeGrand, 1725 East Southlake Blvd. The polls for voting day will be held at 1301 North Carroll Avenue, Johnson Elementary School. 5-B Resolution No. 96-02 allows for calling the General Election to be held on May 4, 1996; establishes election precincts; appoints the Election Judge and Alternate Judge; authorizes the City Secretary to make submissions to the United States Justice Department for pre- clearance approval and other election procedures. 5-C Resolution No. 96-03, allows for calling a Special Election to fill the unexpired term of Councilmember Place 5 on the May 4, 1996 election date. It references Resolution No. 96-02 for other election procedures. 5-D Resolution No. 96-09 allows for the appointment of Jan Francis as SPIN Neighborhood #5 representative, to fill the unexpired term of Shelly Minton. 5-E Resolution No. 96-11 allows for the appointment of Rick Croteau as a member of the Economic Development Advisory Committee, for a term to expire in February 1997. 5-F Interiocal Agreement between the City of Southlake and City of Grapevine for the Regular City Council Meeting Minutes February 6, 1996 page five Agenda Item #5. Continued Renewal and Extension of Sanitary Sewer Services. Bob Whitehead, Director of Public Works, stated the City of Southlake entered into this agreement on June 11, 1990. The agreement provided sewer service to lots 1,2, and 3 of the Grapevine Plaza located at the northwest comer of Park Ave. and Northwest Highway. Southlake Public Works has been working with Grapevine to secure an extension to the interlocal agreement since before June of 1995. Grapevine assured the City that they would continue to provide sanitary sewer service to the retail area. The renewal and extension agreement is a for a five (5) year period. 5-G Resolution No. 96-12, Authorizing the execution and delivery of a continuing disclosure agreement with Trinity River Authority (TRA). At the Denton Creek Regional Wastewater System Advisory Committee meeting held on January 18, 1996, the members were informed that the November 10, 1994 Federal Securities Exchange Commission (SEC) approved a rule which now requires financial information from each participating entity with TRA be filed. Southlake is required to comply with this new rule anyway since we will issue debt in our own name. TRA is proceeding to issue bonds for upgrading the capacity of the Denton Creek Wastewater Plant and refinancing the bonds for the Big Bear Creek Interceptor Sanitary Sewer. 5-H Contract with Cheatham and Associates, for Engineering Service for Design of Water Mains along north Kimball Avenue and South White Chapel Blvd. A twelve-inch water main on North Kimball Avenue from Highland Street south to the existing 12-inch water main, and twelve-inch water main on South White Chapel Blvd., from Southlake Blvd. south to the existing 12-inch water main at Princeton Park Addition. The total budget for these projects is $274,800. Cheatham and Associates' fee will be 8.75 % of the actual construction costs plus $7,500 for surveying and construction staking. The estimated total professional fee is $29,000. 5-1 Contract with Cheatham and Associates for Engineering Services for for following. A six-inch water mains in the Hilltop and Kidwell Additions. These lines are needed because the additions are currently served with 2 or 4-inch water mains. Eight-inch water main in Lonesome Dove Avenue from Dove Street to Emerald Circle would provide a vital link in providing a second water supply to all of the subdivisions north of Dove Street in the North Carroll, Burney Lane vicinity. Provide a lift station and force main to eliminate the Dove Estates wastewater treatment plant because the treatment plant is in need of repairs. By changing the lift station the lot where the plant is located, may become excess property and be sold. Also street improvements to Hilltop Drive, Briar Lane, Hillside Drive, Cresent Drive and Woodland Drive would be reconstructed in conjunction with the installation of the new water mains. Total budget for these projects are Fund 750 (waterworks) $295,200; Fund 501 (streets) $250,000 for a total of $545,200. Cheatham Regular City Council Meeting Minutes February 6, 1996 page six A~enda Item #$. Continued and Associates propose to provide the engineering services for 7.75% of total construction costs plus survey and staking. Their estimated total is $49,750. for ehgineefing. 54 COS/CISD Policy for Joint Use and Control of Local Government Cable Channel was approved by the JUC on December 12, 1995 and forwarded to the City Council and CISD School Board of Trustees. The school approved the policy on January 22, 1996. The policy governs the use and control of the local government cable channel (Harron Cablevision channel 25). Channel 25 is defined as an "educational and governmental access" channel not a "public access" channel. The policy will ensure that only appropriate programming, including character-generated announcements, is broadcast on the channel. 5-K Interlocal Agreement between the City of Southlake and the City of Keller for the provisions of Sanitary Sewer Services. In west Southlake two drainage basins include properties in both Southlake and Keller city limits. These basins for sanitary sewer are designated in Southlake as S-1 and S-2. The agreement provides: Southlake will provide capacity in the S-2 line for Keller residents north of Florence Road; Keller is providing capacity in their existing system for the north portion of Southlakes S-1 basin through the Florence School sewer line and will provide two more collector sewers to serve the remaining portion of Southlake's S-1 basin. These sewer collector lines will be constructed upon written request by Southlake and within one year after engineering is complete and easements are acquired; the sewerage will be metered by each respective city; each city will keep their respective sewer impact fees and any other fee collected from citizens; and, both cities agree no additional areas outside the S-1 and S-2 basin may be added to this agreement without written consent from the city impacted by the additional sewage flow. 5-L Amending Coventry Addition Developer Agreement. The original agreement was signed on June 20, 1995. Staff has had a difficult time implementing a portion of this agreement. Section VI Other issues: A. Off-Site Sewer, states, "the portion of the N-1 line shown will be constructed by Developer and pro-rata reimbursement from the City of Southlake will be in accordance with Section VI of City of Southlake Ordinance No. 493." The Pro-Rata ordinance is intended to reimburse the developer over a ten year period for the installation of a sanitary sewer truckline which serves other developments. Collection of the pro-rata from subsequent developers is suppose to occur when the development connects to the truckline sewer. Under state laws the City can no longer collect pro rata if we collect impact fees. The City and Coventry Addition Developer agrees, delete the wording in Section IV, A. "and pro rata reimbursement from the City of Southlake will be in accordance with Section IV of the City of Southlake No. 493." Regular City Council Meeting Minutes February 6, 1996 page seven Agenda Item #5. Continued And, add, the following in Section IV, A, "developer will be reimbursed on a semi- annual basis, all sewer impact fees collected by the City for properties which contribute sewerage to the N-1 line built by the Coventry Addition. This reimbursement shall not total a greater amount than the original cost of construction." 5-M The staff is requesting authorization to bid paving and sewer projects on Randol Mill A,venue from F.M. 1709 to north of Kingswood Drive. The City Council has previously authorized the advertisement for bids of the paving portion of this project. Based upon citizen request for sanitary sewer in the Hillside Court and Sword Addition areas and the direction of the Council to consider the Hillside Court area as an alternative Neighborhood Sewer project this budget year and as a primary project next budget year, staff is recommending that the City install the sewer line in conjunction with the authorized paving project. It is the intent to combine both of these projects into one bid. Agenda Item #6, Public Appearance: Brvdie Andrews. SYAC Brydie Andrews, Chairperson for Southlake Youth Advisory Council (SYAC) came before Council regarding the "Random Acts of Kindness Month," a SYAC-sponsored community participation program. Mayor Fickes presented Miss Andrews with a proclamation declaring February as "Random Acts of Kindness Month," stating everyone is invited to participate. Kristin Chambers was also present and read suggested ways that people can perform their acts of kindness. Agenda Item #6-B. Public Forum Gary Hargett, 1111 South White Chapel Blvd., Southlake. Mr. Hargett, from the minutes of the City Council meeting held on December 6, commented regarding a request for information which he had made to the City Secretary requesting information regarding the list of properties that were considered by the Committee of Councilmembers for a municipal complex. City Manager, Curtis Hawk stated the City is still looking at properties and until the City is finished, cannot release the information. Mr. Hargett stated he wants to prove the Mayor and City Council wrong, and that they will provide the list of properties. Mayor Fickes stated he has no problem with giving the properties that were considered for municipal use only, but not the properties the City Council is still working with. The City is looking for property for a ground storage facility; Regular City Council Meeting Minutes February 6, 1996 page eight Aeenda Item #6-B. Continued public works facility; public safety facility and new fire facilities. Aeenda Item b'7-A. ZA 95-121. Revised Site Plan for Southlake Terminal ZA 95-121, Revised Site Plan for Southlake Terminal, per Zoning Ordinance No. 480, Section 45.1 (26), legally described as Lot 1, Block 1, Brumlow Industrial District, being a portion of a 27.81 acre tract of land situated in the John N. Gibson Survey, Abstract No. 591, Tract 1, as recorded in Volume 388-127, page 89 P.R.T.C.T. Owner/Applicant: Diamond Shamrock Refining and Marketing Company. Motion was made to table this item until March 5, 1996, at the request of the applicant, and to continue the public hearing at that time. Motion: Richarme Second: Muller Ayes: Richarme, Muller, Hall, Evans, Fickes Nays: None Approved: 5-0 vote Agenda Item #7-B, 1996 Community Development Block Grant Submittal The Public Hearing regarding the 1996 Community Development Block Grant Submittal was presented by Greg Last, Director of Community Development. The proposal for the 1996 (22nd CDBG grant year) project is the sewer improvements for Sutton Place. The installation of the sanitary sewer will provide an area wide benefit within a residential iow income target area. Benefits to the area include a sanitary sewer service, service connections and elimination of septic systems within the Sutton Place targeted area. It is anticipated that Southlake will be allocated approximately $120,000 in 1996 CDBG funding. Cheatham and Associates have estimated the cost for the sewer construction, associated improvements and engineering and surveying to be $140,000. This will leave an approximate $20,000 deficit with the balance of the funding to come from the utility fund. Mayor Fickes explained how this program works and how Tarrant County Mayor's Council has a selection process. Greg Last stated the project requires patience. This estimated cost does not include hooking sewer up to the residences. PUBLIC HEARING: The residents from Sutton Place who were present expressed they are for the project. Regular City Council Meeting Minutes February 6, 1996 page nine Agenda Item #7-B. Continued Motion was made to approve the 1996 Community Development Block Grant Submittal as presented. Motion: Richarme Second: Muller Ayes: Richarme, Muller, Hall, Evans, Fickes Nays: None Approved: 5-0 vote Agenda Item #8-A. Ordinance No. 655. 1st readine Certificates of Oblieation. Ordinance No. 655, Authorizing the Issuance of $2,380,000 City of Southlake, Texas, Tax and Waterworks and Sewer System (limited pledge) Revenue Certificates of Obligation, Series 1996 was considered for first reading. LouAnn Heath, Director of Finance, stated the ordinance authorized the issuance of the debt and pledges the City's ad valorem tax and revenues from the utility system. The $2,380,000 certificates are for the purchase of land, street and drainage improvements, equipment, and issuance costs. The certificates will be retired over a 20 year period, with accelerated principal repayment in the first six years. This acceleration will match the expected average life of the equipment. Bond Counsel, Ed Esquivel and Financial Advisor, Jim Sabonis were present for the meeting to answer questions from Council. Councilmember Richarme referenced the construction of Randol Mill Road. Ron Harper, City Engineer, stated they plan to lower the hill by four to five feet which will improve the sight. Motion was made to approve Ordinance No. 655, 1st reading. Motion: Hall Second: Evans Mayor Fickes read the caption of the ordinance. Ayes: Hall, Evans, Muller, Richarme, Fickes Nays: None Approved: 5-0 vote Councilmember Hall asked that this information be sent to SPIN Representatives. Regular City Council Meeting Minutes February 6, 1996 page ten Agenda Item #8-B. Ordinance No. 656. 1st reading Municioal Court Buildim, Security Fund. Curtis Hawk, City Manager, explained Ordinance No. 656, stating Senate Bill 349, which was passed in the last session of the legislature amends Article 102.017 of the Texas Code of Criminal Procedure by adding municipal courts to the list of other courts allowed to assess and collect a $3.00 security fee as a cost of court when a defendant is "convicted" in a trial for a misdemeanor offense. It is apparent that the intent of Senate Bill 349 is to allow municipal courts to implement and fund security measures for the protection of the municipal court judges, clerks, support staff and other participants in municipal court proceedings. According to Wayne Olson, City Attorney, this fee will only be charged ifa person comes down to court, and does not apply to mail-in fines. Motion was made to approve Ordinance No. 656, 1st reading. Motion: Richarme Second: Hall Mayor Fickes read the caption of the ordinance. Ayes: Richarme, Hall, Evans, Muller, Fickes Nays: None Approved: 5-0 vote Agenda Item g9-A, Resolution No. 96-10, Appointment to Park and Recreation. This item was not acted upon tonight, as Councilmember are asked to contact applicants who wish to serve, placing this item on an agenda in the near future. Aeenda Item #9-B. Resolution No. 96-13. Settim, a Public Hearins, Date to discuss Caoital Imorovements Plan and Imt~act Fees for Water. Wastewater and Roadways. Curtis Hawk, City Manager, stated last summer the Capital Improvements Advisory Committee was appointed by the City Council and began to update of our water/wastewater impact fees as required by statue. The Committee has also been working on a recommended adoption of a roadway impact fee. The requirement for the roadway impact fee are significantly greater than those for water and sewer, thus it has taken longer than anticipated. The City Manager stated the impact fees are levied on new development and are an important financing mechanism for the extension of the utility and roadway system. Our water and wastewater impact fees have been in place for several years, were brought into compliance with new state law requirements in a timely fashion in 1990, were updated in 1993 and are now being updated to reflect our growth trends and capital needs. Regular City Council Meeting Minutes February 6, 1996 page eleven Agenda Item #9-B. Continued The roadway impact fees are being implemented for the first time and will replace our roadway perimeter fees, which are "frontage location" based, with fees that are traffic demand based. Roadway impact fees are based on local costs, land uses and engineering tables, are more equitable than perimeter fees and are consistent with the "cause and effect" requirements of both state laws and recent court rulings. We have already conducted a hearing and accepted the independent consulting report on the land use and growth assumptions. A presentation was made by Lewis F. McLain, Jr. Fiscal Planning Consultant. The Capital Improvements Plan has been prepared by Eddie Cheatham, Cheatham and Associates and is available for inspection in the Office of City Secretary. Resolution No. 96-13, was approved setting the public bearing for March 19, 1996, with maximum water impact fees of $1,798.32 and maximum sewer impact fee of $1,265.68 per SFLUE, including the maximum roadway fees as shown in the resolution, per service area. Motion: Richarme Second: Evans Ayes: Richarme, Evans, Hall, Muller, Fickes Nays: None Approved: 5-0 vote Council adjourned for recess at 9:05 p.m. Council returned to open session at 9:15 p.m. Agenda Item #10-A, Variance Request to the Sign Ordinance for Huse Homeplace Director of Public Works, Bob Whitehead, stated Tom Matthews, developer of Huse Homeplace has applied for a sign variance to place a "free standing" sign as a subdivision entry sign. According to Charles Bloomberg, Plans Examiner, there are five sections in the Sign Ordinance that Council would need to grant variances. The applicant has stated that the property, a six lot subdivision, is at the end of a "dead end street" and that "the sign will identify the property while being in keeping with the rural atmosphere of the subdivision." Tom Matthews, developer, stated he is trying to create the "old" Huse property with the rural atmosphere preserved. Councilmembers asked the question, with this type sign in the city fight-of-way is the City liable for injuries? Wayne Olson, City Attorney, stated there is always a potential for liability. This issue should be covered in the Developer Agreement. If the sign variances are granted, the motion should be contingent upon the addendum being added to the Developer Agreement. Regular City Council Meeting Minutes February 6, 1996 page twelve Agenda item #10-A. Continued Councilmember Hall stated she feels if this sign is approved for placement in the public right-of-way, the City Council would need to consider other requests of this nature. Councilmember Richarme stated if we have a historic site here, we should do something for this. Mr. Matthews stated it is not his intention to create a historical site, however, the possible tenants are pleased with this sign. Motion was made to deny the request for variance to the sign ordinance for Huse Homeplace. Motion: Hall Second: Richarme Ayes: Hall, Richarme, Muller, Evans Nays: Fickes Denied: 4-1 vote Agenda Item #10-B. Develooer Agreement for Villaee Center. Phase I-East Bob Whitehead, Director of Public Works, stated the Commercial Developer Agreement for Village Center Phase I-East, (proposed Kroger), is being presented for approval. The usual requirements for performance bonds, letter of credit or cash escrow are incorporated in the agreement. The changes within the standard agreement include: The Developer requested additional language to insure that the City will not unreasonably withhold or delay the construction plans. This is usual practice for the City not to delay construction plans review, therefore, Public Works staff has no problem with this additional language. The section regarding amenities is struck out because there are none. There is no off-site and/or sewer pro rata nor is there any off-site water. OFF-SITE DRAINAGE: Will be required in the amount of $7,655.99 ($623.30 per acre X 12.283 acres). The critical drainage structures are located within North Kimball Avenue, approximately 800 feet north of S.H. 114 and Shady Lane. Regular City Council Meeting Minutes February 6, 1996 page thirteen Agenda Item #10-B. Continued PARK FEES: Requires a park fee of $6,141.50 (12,283 acres X $500 per acre). Because Village Center will abut F.M. 1709, there will not be a perimeter street fee. Don Silverman, Developer, was present to answer questions from Council. A Special Developer Agreement will need to be approved for the dirt work only so that they can begin the work, with a full developer agreement being approved at a later date. Bob Whitehead stated the Developer Agreement is Council's last shot at the development. Councilmember Hall noted that their are no environmental issues on this property therefore, she does not feel there would be a problem with approving a Special Developer Agreement for the dirt work only. Motion was made to approve the Special Developer Agreement for Lot, 1, 2, & 3 dirt work only, coming back later for the regular developer agreement. Motion: Richarme Second: Evans Ayes: Richarme, Evans, Hall, Muller, Fickes Nays: None Approved: 5-0 vote Aeenda Item #10-C. Develooer Aereement for Cambridee Place Addition The Developer Agreement for cambridge Place Addition, Phase I and Cambridge Place East Addition, was presented by Bob Whitehead, Director of Public Works. Mr. Whitehead stated there will be a Cambridge Addition, Phase II Developer Agreement to be presented at a future meeting. There are 78 lots within these two additions. There are a few changes that will require Council attention, including: OFF-SITE AND/OR SEWER PRO-RATA: specifies the City's and Developer's responsibility regarding the proposed S-7 sewer line. The Developer will provide sanitary sewer to the Additions from the stub out at Bear Creek to East Continental Blvd. by securing a contractor and making monthly progress payments. The City will not reimburse pro-rata to the Developer. Regular City Council Meeting Minutes February 6, 1996 page fourteen Aeenda Item #10-C. Continued The City will pay for engineering costs to design the S-7 line, survey cost and easement acquisition. The line will be oversized. The City will reimburse the Developer the difference between any line greater than 8-inches as per the Pro-Rata Ordinance. The oversizing is estimated to be $70,000 and will be paid out over five years. The Administrative Processing Fee (2% of the S-7 construction) will be waived because the sanitary sewer line will be constructed for the City. The City will provide construction inspections, but there will not be any inspection fees (3 % of the S-7 construction). The estimated cost (loss of income) to the City is $22,430. The City will waive sanitary impact fees for Cambridge Place Addition Phase I, Cambridge Place Addition East, and Cambridge Place Addition Phase II. Phase I and Addition East have 78 lots, Phase II has 81 lots. Cost (loss of income) to the City will be 159 lots times $1,300 per lot or $206,700. A summary of the cost sharing for the construction of the S-7 Sanitary Sewer line to East Continental is: Estimated total project cost of $488.600; City participation: Engineering/Survey (cash FY 1995/96) $40,000; Oversizing (cash FY 1996-2001) $70,000; Administrative fee (2%) $8,972.; Inspection fee (3%) $13,458.; Impact Fee $206,700; Total City participation $339,130; Total cost to the developer, $149,470. OFF-SITE DRAINAGE: requires a payment of $9,465.04 toward the critical drainage structure in East Continental Blvd., approximately 1,800 feet west of South Kimball Avenue. The Developer agrees to pay for Park Fees in the amount of $39,000 (78 lots at $500 per lot). PERIMETER STREET ORDINANCE: stated that the Developer will pay the perimeter street fee of $20,057.83. Paul Spain, Carroll Development Company was present for the meeting and referenced the general requirement that you cannot start houses until the permanent street signs are up. This will hold them up for thirty days. He asked to have this changed back to the way it was. Regular City Council Meeting Minutes February 6, 1996 page fifteen A~,enda Item #10-C. Continued It was noted that staff would not be opposed to all metal temporary signs. The developer will be allowed to put in all metal post and metal sign. This is to start construction of a house. Motion was made to approve the Developer Agreement for Cambridge Place Addition, Phase I, and Cambridge Place East Addition, subject to the sign language change as discussed previously. Motion: Richarme Second: Muller Ayes: Richarme, Muller, Hall, Evans, Fickes Nays: None Approved: 5-0 vote Agenda Item gl0-D, Developer Agreement for Versailles Addition. Phase I. The Director of Public Works, Bob Whitehead, presented the Developer Agreement for the Versailles Addition, Phase I, noting there are 54 lots contained within Phase I of this addition. The usual language regarding performance bonds, letters of credit, or cash escrow is provided in the agreement, however, there are a few changes that will require Council attention: OFF-SITE AND/OR SEWER PRO-RATA; provides for the City to reimburse the Developer for oversizing construction costs of an off-site sewer. OFF-SITE DRAINAGE: stated that there now exists a box culvert and a corrugated metal pipe in East Continental near South Carroll. The Developer, in lieu of contributing towards the cost of replacing these structures, will replace with a new culvert in accordance with plans and specifications prepared by the Developer's engineer. The Developer will bear all costs for construction, materials, and engineering, and in return is asking for the future critical drainage fees from upstream developments be forwarded as per the Drainage Ordinance. PARK FEES: stated that the Developer will dedicate 5.0 acres of park land to the City. A memorandum from the Park and Recreation Director was presented along with the minutes from the Park Board meeting recommending acceptance of this 5 acre tract of land. The park is not yet dedicated as the final plat has not been filed. Regular City Council Meeting Minutes February 6, 1996 page sixteen Agenda Item #10-D. Continued PERIMETER STREET ORDINANCE: addresses the April 19, 1995, "Special" Developer Agreement. This Special Agreement documented the right-of-way dedication needed to connect the existing Carroll Avenue and existing Carlisle Lane to the new Carroll Avenue alignment. Further language is added in the Developer Agreement to complete or add to any incomplete items in the Special Agreement. The Developer agreed to provide the needed right-of-way to complete the new alignment of South Carroll and also agreed to construct asphalt connections from the new South Carroll to the existing South Carroll and Carlisle Lane. The Developer will in Phase I build a maximum of one-half of the new South Carroll Avenue. From the north property line of the development to approximately 1,300 feet south, this would include the curve on the new South Carroll Avenue and the tie hack to existing South Carroll Avenue. The Developer will complete the construction of a maximum of two lanes of the new South Carroll Avenue in Phase II. In consideration for these requirements, the City will waive all perimeter street fees and/or roadway impact fees chargeable to all phases of Versailles Addition. The Developer requests the option to construct the ultimate section of South Carroll Avenue along the frontage of the La Paloma Addition. In consideration for construction of the full ultimate section of South Carroll Avenue along the La Paloma frontage, the Developer requests that the City reimburse the Developer up to the amount of the perimeter street fee ($21,737.43) collected from La Paloma Addition. John Dickerson, 8333 Douglas, Dallas. Mr. Dickerson stated the triangle on South Carroll Avenue will be dedicated to the church and the property owners on the west. The City Council will have to abandon the land. Paul McCracken, Canner and Burgess, engineers, explained why they are going to put in a 600' ultimate street section for the entrances of La Paloma and Versalllas Addition, Phase I. The new section, easterly and northerly, will be concrete curb and gutter. He also noted they would like the right for temporary metal posts and signs. Regular City Council Meeting Minutes February 6, 1996 page seventeen Aeenda Item #10-D. Continued Motion was made to approve the Developer Agreement for Versailles Addition, Phase I, with changes discussed. Motion: Hail Second: Muller Councilmember Richarme asked about the five (5) acre park and the link with CISD. Ayes: Hail, Muller, Evans, Fickes Nays: Richarme Approved: 4-1 vote Agenda Item #10-E, Special Devetooer Aereement for Naoa Valley Addition. Phase H Bob Whitehead, Director of Public Works, presented the Speciai Developer Agreement for Napa Vailey Addition, Phase II for making improvements to Carlisle Lane. The Developer is desirous of making pavement repairs to Carlisle Lane prior to their development and on a portion of the street not adjacent to their development. The proposed pavement repairs will consist of minor repairs to the street as it exists, by the City, and then the Developer's installing a two-inch hot mix asphalt overlay. The Developer is agreeing to pay or assess each lot in the Addition the street access fee. Therefore, their share of the reconstruction of the future Carlisle Lane will be funded. The Public Works staff is in agreement with the request of the Developer. This agreement will repair Carlisle lane at a reduced cost to the City, compared to the City making ail of the repairs sooner than staff had planned. Staff pointed out to Council that this agreement is for repairing pavement and is not intended to be equal to a rebuilt standard interim street section. Because the south one-half of Carlisle Lane will be repaved with the construction of Phase II of Versailles, the Developer is agreeing to pay street access fees along with making these repairs, and the unknown and unscheduled reconstruction of the north end of Carlisle Lane. Staff recommends City Council enter into the Special Developer Agreement. Funding the City's share would come from the Street Division, Maintenance-Street Repair Materiai Account. Art Clayton, Developer, was present to answer questions from Council. Motion was made to approve the Special Developer Agreement for Napa Valley Addition, Phase II. Motion: Richarme Second: Muller Ayes: Richarme, Muller, Hall, Evans, Fickes Regular City Council Meeting Minutes February 6, 1996 page eighteen Aeenda item gl0-E, Continued Nays: None Approved: 5-0 vote Aeenda Item//10-F, Recommendation from Committee to Study Solittine the Planning and Zonine Conunission. Councilmember Sally Hall gave a report on the finding of the committee formed to study the feasibility of Splitting the Planning and Zoning Commission. Ms. Hall stated the committee met deligently for the past several months and have evaluated a great deal of information related to studying the feasibility of splitting the City of Southlake Planning and Zoning Commission. She added, they have sought feedback from a large number of people incluidng other City Commissioners and City staff comments while analyzing the Southlake processes and issues. The unaminous recommendation of the members of this committee is to retain the current combined Planning and Zoning Commission format. The members serving on the committee include: Sally Hall, Ralph Evans and Ron Maness (Councilmember Muller unofficially attended for Ron Maness who was unable to make any of the meetings) from Council; Jim Murphy and Rex Potter from Planning and Zoning Commission; Betty Springer and Gary Fawks, representing SPIN. A copy of the Recommendation of the Committee is available in the office of the City Secretary. Dennis McGrath, 2403 North Carroll Avenue, Southlake. Mr. McGrath stated the committee did a tremendous job with the support of staff. He stated he feels the committee got to the bottom of the issues. It was suggested by Councilmember Muller that the findings in the report be discussed by Council at a work session. Mayor Fickes thanked the Committee and Staff for a job well done. Aeenda Item//Il-A, Discussion: Citizen Participation, Municipal Comple,( Curtis Hawk, City Manager, stated the first public meeting to begin working on the municipal complex site will be held on February 27, 1996, beginning at 7:00 p.m. in the Council Chambersat City Hall. The public will be invited to attend this organizational meeting. Aeenda Item//Il-B, Discussion: New Ordinances, Priority List The item was not discussed tonight. Regular City Council Meeting Minutes February 7, 1996 page nineteen Aeenda Item #11-C. Discussion: City Council Handbooks and Council Agenda Packets This item was not discussed tonight. Aeenda Item #12. Adiournment The meeting was adjourned at 11:25 p.m. by Mayor Gary Fickes. ATTEST: andra L. LeGrand City Secretary City of Southlake, Texas CITY COUNCIL MEETING SIGN UP IF YOU WISH TO SPEAK DURING THE MEETING DATE: `yt NAME ADDRESS TELEPHONE AGENDA ITEM Ag y i /Ai��t/ f]// S- 11/k is � �f'�L