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
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