1996-05-07CITY OF SOUTHLAKE, TEXAS
667 NORTH CARROLL AVENUE
REGULAR CITY COUNCIL MEETING
MAY 7, 1996
COUNCILMEMBERS PRESENT: Mayor Gary Fickes; Mayor Pro Tern Andy Wambsganss;
Deputy Mayor Pro Tem Pamela Muller. Members: Sally Hall, W. Ralph Evans. New
Councilmembers include: Scott Martin, Wayne Moffat and Gary Fawks.
COUNC MEMBER ABSENT: Michael Richarme.
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; Deborah Drayovitch, 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 by Mayor Gary Fickes at 7:00 p.m.
A~,enda 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, Section;s 551.071,551.072, 51.074, 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 7:02 p.m.
Council returned to open session at 7:25 p.m.
Agenda Item g2-B. Action Necessary/Executive Session
No action was taken as the result of the executive session.
Regular City Council Meeting Minutes
May 7, 1996
page two
Aeenda Item //3. Anuroval of the Minutes of the Aoril 16. Reeular Council Meetine.
Continued to Aoril 23. 1996
Motion was made to approve the Minutes of the April 16, 1996 City Council Meeting, which
was continued on April 23, 1996.
Motion: Muller
Second: Hall
Ayes: Muller, Hall, Evans, Wambsganss, Fickes
Nays: None
Approved: 5-0 vote
Aeenda Item//4-A. Mayor's Renort
Mayor Fickes noted a Runoff Election has been called for June 1, 1996, for the Mayor and
Councilmember Place 4. The Runoff Election will be held at Johnson Elementary School from
7:00 a.m. to 7:00 p.m. Early Voting will be held in the Office of City Secretary beginning on
May 20, 1996, continuing to May 24, 1996, closing on May 28, 1995. The hours of Early
Voting will be from 8:00 a.m. to 5:00 p.m.
Mayor Fickes announced that the Texas Department of Transportation has been petitioned to
allow the City to appear before them on June 18, 1996 whereby citizens will request construction
to begin on SI-I 114. Currently an eleven (11) member city task force has been formed to work
on this project. Any neighborhood associations that would like to become involved may do so.
Citizens are encouraged to send letters of encouragement to the Highway Commission.
Originally the date for the appearance was June 27, however, it was recently changed to June
18, 1996. For further information call City Hall, extension 114.
Aeenda Item//4-B. Proclamations
Mayor Fickes presented proclamations to the City Secretary proclaiming May 5-11 as Municipal
Clerks Week; and honoring Public Works employees with a proclamation in celebration of
National Public Works Week. Members of the Public Works Division of the City of Southlake
were present to receive the proclamation.
Mayor Gary Fickes presented Mayor Pro Tem Andy Wambsganss with a plaque
from the City thanking him for serving as Councilmember from 1993 to 1996.
Councilmember Wambsganss thanked the citizens for allowing him to serve for
the past three (3) years and he challenged the new Council to keep personalities
out of the way and stay with the issues of the City. He thanked staff for their
support and Councilmembers for their hard work.
City of Southlake, Texas
Regular City Council Meeting Agenda
May 7, 1996
page two
5. Consent:
A. Resolution No. 96-26, appointment of Jim Goggin as representative to SPIN #13.
B. Authorizing the purchase of recycling bin lids for recycling containers.
Co
ZA 96-39, Preliminary Plat for City of Southlake Municipal Complex, subject to
Plat Review Summary No. Two, dated 5-03-96, being approximately 14.569
acres situated in the Obediah W. Knight Survey, Abstract No. 899. Location:
south of East Southlake Blvd. (F.M. 1709) west and adjacent to proposed Byron
Nelson Parkway, and being approximately 1,400' east of South White Chapel
Blvd. Current zoning is "R-P.U.D. No. 1" Residential Planned Unit
Development and "AG" Agricultural District. Owner/Applicant: City of
Southlake. SPIN Neighborhood #9 and #10.
ZA 96-28, Plat Vacation of Lots 1 and 2, Block 1, Dilg Place Addition, as
requested by staff allowing flexibility to vacate one or more plats for which the
purpose of vacation can be satisfied, being approximately 24.926 acres situated
in the Obediah W. Knight Survey, Abstract No. 899, and being legally described
as Lots 1 and 2, Block 1, Dilg Place, as recorded in Volume 388-128, Page 85,
P.R.T.C.T,; Lots l-A, l-B, and I-C, Block 1, Dilg Place, being approximately
14.926 acres situated in the Obediah W. Knight Survey, Abstract No. 899, and
being legally described as Lots l-A, l-B, and l-C, Block 1, Dilg Place as
recorded in Volume 388-136, Page 14, P.R.T.C.T.; and Lots 2-A, 2-B, and 2-C,
Block 1, Dilg Place, being approximately 10.0 acres, and being legally described
as Lot 2-A, 2-B, and 2-C, Block 1, Dilg Place as recorded in Volume 388-174,
Page 30, P.R.T.C.T. Location: south of and adjacent to East Southlake Blvd.
(F.M. 1709), approximately 2,300' west of the intersection of South Carroll
Avenue and East Southlake Blvd. (F.M, 1709). Current zoning is "R-P.U.D.
No. 1" Residential Planned Unit Development District and "SF-1A" Single
Family Residential District. Owners/Applicants: James W. and Loretta Baker.
SPIN Neighborhood #9.
Authorize the City Attorney to proceed with condemnation of property owned by
Trophy Club Joint Venture for sewer easements described as Parcels 8, 10 and
27, of the easement acquisition project for the Denton Creek Wastewater
Interceptor Pressure System.
REGULAR AGENDA
~- 6. Public forum.
Regular City Council Meeting Minutes
May 7, 1996
page three
A~enda Item #4-C. Oath of Office for New Councilmembers
The City Secretary, Sandra L. LeGrand, administered the Oath of Office to new
Councilmembers: W. Ralph Evans, Councilmember Place 1; Wayne Moffat, Councilmember
Place 2; Gary Fawks, Councilmember Place 5; and Scott F. Martin, Councilmember Place 6.
The new councilmembers took their places at the Council table at this time.
A~enda Item #4-D. City Manager's Reoort
No comments were made during this time.
Aeenda Item #4-E. SPIN Renort
Jan Francis, SPIN Representative for Neighborhood #5, stated she has enjoyed serving as the
SPIN Representative for the area of Kimball, Carroll, Highland, and Dove Roads. There aren't
a lot of activities going on in this area, but she commented the one meeting she had was
basically to introduce herself as the new representative. There were seven (7) members present.
At the meeting they discussed the Thoroughfare Plan and sewer development as it affects SPIN
#5. They discussed developments throughout the City, in order for people to know where
things are being developed. The only concern from residents in SPIN #5 was, "when is sewer
coming into our area." It is a concern that SPIN #5 is going to become a step-child and have
their property devalued because of the lack of development in their area.
Aeenda Item #5. Consent Aeenda
The consent agenda consisted of the following items:
5-A. Resolution No. 96-26, Appointment of Jim Goggin as SPIN #13 Representative.
5-B. Authorizing the purchase of recycling bin lids for recycling containers.
5-C. ZA 96-39, Preliminary Plat for City of Southlake Municipal Complex.
5-D. ZA 96-28, Plat Vacation of Lots 1 and 2, Block 1, Dilg Place Addition.
Authorizing the City Attorney to proceed with condemnation of property owned by
Trophy Club Joint Venture for Sewer Easements described as Parcels 8, 10 and 27, of
the easement acquisition project for the Denton Creek Wastewater Interceptor Pressure
System.
Regular City Council Meeting Minutes
May 7, 1996
page four
Aeenda Item #5. Continued
Motion was made to approve the consent agenda consisting of items #5-A, #5-B, #5-C, #5-D,
and #5-E.
Motion: Muller
Second: Evans
Ayes: Muller, Evans, Fawks, Moffat, Martin, Hall, Fickes
Nays: None
Approved: 7-0 vote
ADDITIONAL INFORMATION ON CONSENT ITEMS
Appointment of a representative to SPIN #13 to replace Rex Potter who resigned in order
to mn for City Council. Jim Goggin agreed to serve and was therefore appointed to this
position.
Authorizing the purchase of Recycle Bin Covers. Mr. Dick Johnston requested the City
purchase additional lids for the curbside recycling bins. The City may purchase lids
through Laidlaw at their cost. The total cost to purchase 1,000 lids will be $3,590. The
lids were first purchased through proceeds received from the recycling program. The
recycling fund cash balance is currently $13,572. Staff requests authorization, not to
exceed $8,000, to purchase 1000 lids now and an additional 1000 lids when the supply
is exhausted.
ZA 96-39, Preliminary Plat for City of Southlake Municipal Complex. The 14.569 acres
of land is situated in the Obediah W. Knight Survey, Abstract No. 899. The plat
proposes one lot. The location is south of East Southlake Blvd., (F.M. 1709), west and
adjacent to proposed Byron Nelson Parkway, and being approximately 1,400' east of
South White Chapel Blvd. Owner/Applicant: City of Southlake.
ZA 96-28, Plat Vacation of Lots 1 and 2, Block 1, Dilg Place, being approximately
24.926 acres situated in the Obediah W. Knight Survey, Abstract No. 899, and being
legally described as Lots 1 and 2, Block 1, Dilg Place, as recorded in Volume 388-128,
Page 85, P.R.T.C.T.; Lots i-A, i-B, and i-C, Block 1, Dilg Place as recorded in
Volume 388-136, Page 14, P.R.T.C.T.; and Lots 2-A, 2-B, and 2-C, Block 1, Dilg
Place, being approximately 10.0 acres and being legally described as Lots 2-A, 2-B, and
2-C, Block 1, Dilg Place as recorded in Volume 388-174, Page 30, P.R.T.C.T. The
proposed area is located south of and adjacent to East Southlake Blvd., (F.M. 1709),
approximately 2,300' west of the intersection of South Carroll Avenue and East
Southlake Blvd. (F.M. 1709).
Regular City Council Meeting Minutes
May 7, 1996
page five
Agenda Item #$. Continued
Authorize the City Attorney to proceed with condemnation of three sewer easements that
cross parcels of property owned by Trophy Joint Venture located at various locations.
The City of Southlake is acquiring the necessary easements for the Denton Creek
Wastewater Interceptor Pressure System (DCWIPS), which will be constructed and
maintained by Trinity River Authority (TRA). The City has hired a right-of-way
acquisition firm, ROWAC, to acquire the properties for the DCWlPS.
Agenda Item #6. Public Forum
Tom Figerato, 2030 West Continental Blvd., Southlake. Mr. Figerato stated he is before
Council tonight as a follow-up to his coming before Council on April 16, 1996. He expressed
concerns with Globe Star Inc. Manufacturing and alleged that Globe Star would not have
purchased that land if they had not been assured they would be able to build a 60,000 square
foot manufacturing plant. In an article in Business Press dated May, 1995, it announced that
Globe Star Manufacturing was coming to Southlake and bringing thirty jobs. According to a
columnist for the Fort Worth Star Telegram, it stated they were going to employee from 200 to
300 employees. This raised a couple of questions, and they discovered that Globe Star is going
to employee non-residents in their plant. He commented on the fact that the employees are not
going to be residents of Southlake but of this Country.
Mr. Figerato commented on the change in an ordinance that allows the Zoning Administrator
to approval amended plats without having to go before either the Planning and Zoning
Commission or the City Council. At the last City Council meeting he stated he raised the
question of the kind of employees Globe Star Manufacturing will employee. Mr. Figerato stated
as of this date, Globe Star Manufacturing has not confirmed what it is they manufacture, what
materials they use or what chemicals they will be using, or what hours of operation they will
have or any information about the company. Southlake is a community that the citizens are
proud of, described as a twenty-four carrot community. Mr. Figerato stated, "If we are not
careful we can turn it into a pump of fools gold."
Lori Livingston, 2020 West Continental Blvd. Southlake. Ms. Livingston stated Mr. Figerato
summed up some of what she was going to talk about, however, she wanted to give a detailed
definition of the ordinance and she stated she is having problems understanding it. She stated
she has been trying to get answers from the City since early September but cannot get the
answer she needs.
Ms. Livingston went on to read from the zoning ordinance in an effort to understand. She
commented on the questions that the City Manager will answer for her.
Regular City Council Meeting Minutes
May 7, 1996
page six
Aeenda Item #6, Continued
The City Manager, Curtis Hawk, stated every time Ms. Livingston gives him
questions in writing, he is going to respond in writing. It takes time away from
his other work load, but he will answer the questions.
Agenda Item/fT-A. Ordinance No. 480-196, 2nd readinn ZA 96-30
Ordinance No. 480-196, 2nd reading (ZA 96-30), Rezoning approximately 8.760 acres situated
in the Littleberry G. Hall Survey, Abstract No. 686, being Tracts 3B1A, 3B1, and 3B1B.
Current zoning is "AG" Agricultural, with a requested zoning of "SF-1A" Single Family
Residential District. Owners/Applicants: Randall W. and Roy Stacy. SPIN Neighborhood #13.
Karen Gandy, Zoning Administrator, commented that eight (8) notices were sent to property
owners within the 200' notification area and one (1) written response has been received from
Ned R. and Shirley E. Conner, 320 Blanco Circle, Southlake, in favor, "with the understanding
that is the only site that will subdivided and that the pasture behind those lots will never be
subdivided."
The public hearing resulted with no comments from the audience.
Motion was made to approve Ordinance No. 480-196, 2nd reading, as presented.
Motion: Muller
Second: Evans
Mayor Fickes read the caption of the ordinance.
Ayes: Muller, Evans, Fawks, Moffat, Martin, Hall, Fickes
Nays: None
Approved: 7-0 vote
Aeenda Item #8-A. Ordinance No. 480-197. 1st readinn ZA 96-26
Ordinance No. 480-197, 1st reading (ZA 96-26), Rezoning and Site Plan for Snow's Sports
Acres, being approximately 3.00 acres situated in the Jesse G. Allen Survey, Abstract No. 18-A,
Tracts 4A15, 4A16, and 4A18. Current zoning is "B-I" Business Service Park District, and
"AG" Agricultural District; Requested zoning is "S-P-l" Detailed Site Plan District to allow
gymnastics, swimming, diving, dance, martial arts instruction, archery range, after-school care,
summer camp programs, pre-shop, and other related business. Owner/Applicant: Rand,al B.
Snow. SPIN Neighborhood #15.
Karen Gandy, Zoning Administrator, commented that five (5) notices were sent to property
owners within the 200' notification area and two (2) written responses have been received, from:
Joe David Pipes, 2828 Cresthaven, Grapevine, in favor; and, Gwen Pipes, 216 Warbler Court,
Regular City Council Meeting Minutes
May 7, 1996
page seven
Agenda Item #8-A. Continued
Bedford, in favor.
Randol Snow and Debbie Snow, 407 South Pearson Lane, Southlake. Mr. Snow suggested
along the north side there is a 6' high chain link fence. He stated he feels a stockade fence
might blow over. They were asked to place a shadow box fence or something the wind would
go through. Mr. Snow addressed the lighting, and stated he will make sure it is done right He
said the last thing they want to be is a bad neighbor. Mr. Snow indicated he is in agreement
with the clean-up items listed in the memorandum.
Motion was made to approve Ordinance No. 480-197, 1st reading, subject to the Plan Review
Summary No. 3, dated May 3, 1996, with the applicant working on the clean-up items (fence,
driveway, and fire lane) and deleting item #4 (deleting the fence not the bufferyards).
Motion: Hall
Second: Evans
Mayor Fickes read the caption of the ordinance.
Ayes: Hall, Evans, Fawks, Muller, Moffat, Martin, Fickes
Nays: None
Approved: 7-0 vote
Agenda Item #8-B. Ordinance No. 480-01-C. 1st readin~ (ZA 96-303
Ordinance No. 480-01-C, 1st reading (ZA 96-36), Rezoning and Revised Concept Plan for
certain parcels of land to be included in the Timarron Planned Unit Development for two parcels
of land. Tract No. I being approximately 2.684 acres of land and Tract No. 2 being
approximately 3.104 acres of land, both being situated in the O.W. Knight Survey, Abstract No.
899. Current zoning is "R-P.U.D. No. 1" Residential Planned Unit Development with "C-2"
Local Retail Commercial Uses; Tract No. 2 to "R.P.U.D. No. 1" Residential Planned Unit
Development. Owner/Applicant: Timarron Land Corporation. A revised Concept Plan,
totaling approximately 919.481 acres, and Ordinance No. 480-01-C will be considered with this
request.
Karen Gandy, Zoning Administrator, commented that the rezoning and revised concept plan for
certain parcels of land to be included in the Timarron Planned Unit Development are for two
parcels of land: Tract No. 1 being approximately 2.684 acres and Tract No, 2 being
approximately 3.104 acres, both being situated in the O.W. Knight Survey, Abstract No. 899.
According to Ms. Gandy, seven (7) notices were sent to property owners within the 200'
notification area and one (1) written response has been received from J.W. Richards, P.O. Box
1144 Grapevine, in favor.
Mrs. Gandy stated the applicant has met all the review comments of the Plan Review Summary
Regular City Council Meeting Minutes
May 7, 1996
page eight
Anenda Item gS-B. Continued
No. 1 dated April 12, 1996, with the exception of the items addressed in the Plan Review
Summary No. 2 dated May 3, 1996. A Revised Concept Plan totaling 919.481 acres, and
Ordinance No. 480-01-C, will be considered with this request. The following revisions are
requested: deleting from "R-P.U.D. No. 1" a 1.047 acre parcel of land situated in the O.W.
Knight Survey, Abstract No. 899 located South of F.M. 1709 and adjacent to the west side of
the proposed Byron Nelson Parkway extension, and described more completely as Tract No. 3;
relocating the school and park site from the northwest comer of South Carroll Avenue and East
Continental Blvd. to a site approximately 1,200' south of F.M. 1709 and east of the extension
of Byron Nelson Parkway; designating the northwest comer of South Carroll Avenue and East
Continental Blvd. to residential and commercial uses, but limited to assisted care facilities;
redesignating the southwest comer of Bmmlow Avenue and East Continental Blvd. from
residential uses to "C-2" Local Retail Commercial uses; redesignafing the Timarron Information
Center at 175 East Continental Blvd. to "O-l" Office District uses.
Councilmember Hall informed the new Councilmembers that at one time this
Residential Planned Unit Development was "SF-1A" Single Family-lA
Residential District. This second preparation shows it has been deleted and it is
now called "Residential PUD." She noted when this was originally presented,
discussions occurred regarding the residential property on the northern end; at
that time because there was one acre surrounding one side and one acre across the
street. It was discussed that one acm would develop in the top area. She asked
Council to keep this in mind when reviewing the request tonight.
Steve Yetts, Timarron Land Corporation, 300 East Carpenter Freeway, Irving. Mr. Yetts stated
he is aware of the questions asked by the new Councilmembers and explained each one. Yetts
stated, with the purchase of the property for the Municipal Complex it caused Timarron to revise
the Concept Plan. It requires them to add some parcels of land to the PUD as well as remove
Tract 3, which is currently zoned "C-3". Timarron is now under contract with CISD to sell
them the land (approximately 16 acres) for the Rockenbaugh Elementary School. The CISD had
concerns with the school being across the street from the trailer park and Metro Pool Chemical,
as well as traffic on East Continental Blvd. Yetts noted there is a need in our area for assisted
care facilities. There is a need in northeast Tarrant County for adult care facilities. This is new
for Timarron and will add a new life style product. They identified the site of South Carroll
Avenue and East Continental Blvd.
Mr. Yetts spoke about Tract 5. Timarron had requested this be rezoned for a commercial use,
however, it is not being addressed tonight.
Regular City Council Meeting Minutes
May 7, 1996
page nine
Aeenda Item #8-B. Continued
Mr. Yetts stated there is no hidden agenda in the submittal at all, there never has
been. Timarron is going through housekeeping issues and wants to clean up some
things.
Councilmember Hall stated she is now uncomfortable with the adult care facility
being included in the PUD zoning. She stated she would rather it be called
something else, but not included in the PUD.
Mr. Yetts stated he appreciates the concerns, but feels he would be remiss to allow them to put
an elderly care center across from Metro Pool Chemical. The facility would be a private care
facility with Timarron controls.
Councilmember Moffat stated he is not convinced that there is a demand from the
citizens for this type facility. He is concerned that this may become a multi-
family residence.
Mayor Fickes commented because this is a PUD the City has ultimate control.
They can bring it in and the City can deny it. If they bring in an adult facility
that doesn't fit the community, Council does not have to approve it. He
suggested Council get with Mr. Yetts prior to the second reading. The Mayor
stated he has been hearing requests from citizens for the past three years for this
type of facility, one that meets the quality_ standards. There is a nursing home in
northeast Tarrent County, but it may not be a facility that we want our parents
to live in.
PUBLIC COMMENTS:
Eugene Stevens, 250 Lilac Lane, Southlake. Mr. Stevens stated he lives on the north side of
the property that abuts Phase 5 Timarron. He expressed concerns about what has been done to
prevent the normal flow of water into his creek.
Joe Smith- left the meeting.
Ronnie Kendall, Post Office Box 92998, Southlake. Ms. Kendall raised questions regarding the
information center becoming retail or office use. Would the hours of the office center be the
same as they are now?
Doug Fierce, 2419 Greenbough, Southlake. Mr. Fierce asked if Mr. Yetts said, "mental care"
or "medical care?" He questioned how Council can vote on this issue when Council doesn't
know what is going on? He questioned doing the zoning before there is a user. Isn't this a
Regular City Council Meeting Minutes
May 7, 1996
page ten
A~,enda Item #8-B. Continued
question Timarron residents should address? Mr. Fierce stated he feels it is a large grocery list,
and the issues should be addressed.
Peter Sporrer, 1214 Woodsey Court, Southlake. Mr. Sporrer stated he is concerned for safety
as Councilmember Hall stated. He is also concerned with the Metro Chemical vehicles (with
their tanks) that speed up and down East Continental Blvd. He feels it would be an asset if an
adult care facility were built in Timarron.
Judy Collins, 1470 Bent Trail, Southlake. Ms. Collins stated she feels the reason Timarron is
not getting citizen comments is they aren't aware---but they will be by the next meeting. She
stated she is opposed to an adult center in Timarron.
Karen Cienki, 803 Shadow Glen Drive, Southlake. Ms. Cienki stated, as SPIN Representative
for//14, a few years ago the residents were highly opposed to "C-2" and "C-3" zoning in that
Steve Yetts stated they are prepared to limit the use to a medical care facility. He is surprised
that everyone recognizes the need but "not in my back-yard." Yetts noted they feel comfortable
enough as a master plan developer to put this in this location. This facility will not produce as
much strain on traffic as would thirty (30) homes. This is not a big traffic user. He also noted
in the past five (5) years, there has never been conversation about turning the Center into
homeowners association facility. Mr. Yetts stated they cannot close on the CISD property
without having this revised concept plan in place. The school was the reason for them to open
up the PUD. He asked Council to approve the 1st reading now, with him providing more
information prior to the 2nd reading.
Councilmember Muller suggested Mr. Yetts pull Tract 4 from the plat as they had
done with Tract 5. Mayor Fickes agreed Timarron should pull Tract 4 and Tract
5 and go forward.
Mr. Yetts asked Council to consider the concept plan removing Tract 4 and Tract 5 from this
submittal.
Motion was made to approve Ordinance No. 480-01-C, 1st reading, removing Tract 4 and Tract
5 and subject to the Plat Review Summary No. 2, dated May 3, 1996.
Motion: Evans
Second: Martin
Mayor Fickes read the caption of the ordinance.
Ayes: Evans, Martin, Hall, Muller, Fawks, Moffat, Fickes
Nays: None
Regular City Council Meeting Minutes
May 7, 1996
page eleven
Agenda Item #8-B. Continued
Approved: 7-0 vote.
Council adjourned for recess at 10:15 p.m.
Council returned to the Council table at 10:30 p.m.
Agenda Item #8-1~. ZA 96-37. Development Plan For Tiinarron Addition
ZA 96-37, Development Plan for Timarron Addition, Phase 5, begin approximately 89.12 acres
situated in the Obediah W. Knight Survey, Abstract No. 899. Current zoning is "R-P.U.D. No.
1" Residential Planned Unit Development and "AG" Agricultural District. Owner/Applicant:
Timarron Land Corporation. SPIN Neighborhood g9 and #10.
Karen Gandy, Zoning Administrator, noted the Development Plan proposed 145 residential lots,
6 common greens, 1 school lot, and 4 commercial lots. Gandy reported that twenty-six (26)
notices were sent to property owners within the 200' notification area and five (5) written
responses have been received, from: Steve Garrett, 205 E. Southlake Blvd., in favor; J.W.
Richards, P.O. Box 1144 Grapevine, in favor; Robert Stevenson, 2113 Taxco Drive, Carrollton,
in favor; Thomas Watson, 286 Lilac Lane, Southlake, in favor and Alma V. West, 211 Pine
Street, Southlake, in favor.
Steve Yetts, Timarron Land Development, stated transitional uses have to be worked out. Acre
lots around this facility is not appropriate.
Councilmember Martin stated the uniformity of commercial and retail is
appropriate for our community. He is new on Council but not new in the town
and he stated he does not remember ever seeing this high a density next to a
school site.
PUBLIC COMMENTS:
Eugene Stevens, 250 Lilac Lane, Southlake. Mr. Stevens expressed concerns about drainage
problems on his property as a result of this Development Plan. He asked what has been done
toward getting a drainage study.
Mayor Fickes stated before building begins a full blown drainage study will be
provided.
Steve Yetts stated they will work with Ron Harper, City Engineer, and neighbors with regards
to the drainage study. Timarron will work with the builders with regards to the fences and walls
as they have a common plan for Timarron.
Regular City Council Meeting Minutes
May 7, 1996
page twelve
Aeenda item #8-~. Continued
Mr. Stevens stated he also has concerns with children getting onto his property and into his
pond. He asked to meet with Steve Yetts and Ron Harper regarding drainage.
Phil Gets, 225 Pine Drive, Southlake. Mr. Gets stated he lives on 3.1 acres and is not pleased
with the size of the lots. According to the ordinance, there should be 30,000' lots next to his
residence. He also noted the trees that will be gone when the property is developed. He stated
he feels Mr. Yetts should be in contact with him prior to this meeting.
Councilmember Hall commented about the fact that the new school will be full
the minute the schools are open.
Mr. Yetts agreed that he would put in 30,000 sq.fi, lots next to existing residences. At the
Planning and Zoning meeting they agreed to do a traffic study as it relates to the 60' right-of-
way.
Council adjourned for recess at 11:45 p.m.
Council returned to open session at 11:47 p.m.
Motion was made to approve the Development Plan for Timarron Addition, Phase 5 (ZA 96-37),
subject to the Plat Review Summary No. 2 dated May 3, 1996; removing item//5 (stub-out) and
granting a variance to the first five lots by reducing to 110' depth.
Motion: Evans
Second: Muller
Ayes: Evans, Muller, Evans, Fawks, Martin, Fickes
Nays: Hall
Approved: 6-1 vote
Agenda Item #8-D. ZA 96-38. Preliminary Plat for Timarron Addition. Phase
ZA 96-38, Preliminary Plat for Timarron Addition, Phase 5, being approximately 89.12 acres
situated in the Obediah W. Knight Survey, Abstract No. 899. Current zoning is "R-P.U.D. No.
I" Residential Planned Unit Development and "AG" Agricultural District. Owner/Applicant:
Timarron Land Corporation. SPIN Neighborhood//9 and #10.
The Zoning Administrator, Karen Gandy, stated twenty-six (26) notices were sent to property
owners within the 200' notification area and five (5) written responses have been received from;
Steve Garrett, 205 E. Southlake Blvd., in favor; J.W. Richards, P.O. Box 1144 Grapevine, in
favor; Robert Stevenson, 2113 Taxco Drive, Carrollton, in favor; Thomas Watson, 286 Lilac
Lane, Southlake, in favor; and Alma West, 211 Pine Street, Southlake, also in favor.
Regular City Council Meeting Minutes
May 7, 1996
page thirteen
Aeenda Item #8-D. Continued
Motion was made to approve ZA 96-38, Preliminary Plat for Timarron Addition, Phase 5,
subject to the Plan Review Summary No. 2 dated May 3, 1996; and deleting item #4-B.
Motion: Fawks
Second: Evans
Ayes: Fawks, Evans, Moffat, Martin, Fickes
Nays: Hail
Abstention: Muller
Approved: 5-1-1 vote
Agenda Item #10-A. Developer Aereement for Kirkwood Hollow. Phase I
Bob Whitehead, Director of Public Works, presented the Developer Agreement for Kirkwood
Hollow Addition, Phase I, adding there are several changes in the agreement that will require
Council attention. The uniqueness of this agreement centers around the "previous water
improvements cost" for infrastructure built as a part of the January 29, 1988 Developer
Agreement with Maguire Thomas Partners/IBM. Those water improvements were the
Dove/North White Chapel Blvd. elevated water tower and an 18-inch water main in West Dove
Road. The Developer is asking for a number of credits for fees as offsets against the previous
water improvements costs.
Because these credits are based upon construction contracts and percentages thereof, the exact
credit is estimated as follows:
* Net due from City to MTP/IBM
$839,151.90
* Estimate of credits for Kirkwood $277,962.00
Hollow Addition, Phase I
Total remaining due from the City
$561,189.90
This remaining total will be credited to the Developer through future development fees and
Developer will receive a discount of 50% off the cost of ail water received by Developer from
the City, with such discount to be applied against the previous water improvement cost until the
amount is reduced to zero. This is in accordance with the January 1988 Developer Agreement.
Currently, Southlake has an lnterlocai Agreement with Trophy Club MUD #1 to provide sewer
and water services to MTP/IBM development in Southlake.
The City will credit the inspection fees of three percent (3%) and
administrative processing fee of two percent (2 %) of construction
costs against the previous water improvement costs.
Regular City Council Meeting Minutes
May 7, 1996
page fourteen
Agenda Item #10-A. Continued
Developer is requesting that the installation and operation costs of
street lights be credited towards the previous water improvement
costs.
This development does not have any "offsite" sewer; it is all on-
site. The City has required Developer to oversize a collection
sewer line to become apart of the future extension of the northside
trunkline sewer system. The residential collection system will not
require oversizing.
Developer will maintain the amenities until such responsibility is
turned over to a homeowners association or "other maintenance
entity."
Offset of Fees: This section explains the offset of fees against
previous developer expenditures for City water improvements. It
states the total due to Developer is $839,151.90 and the City will
discount 50% cost of all water received by Developer and credit
fees and costs as per this agreement until the above total amount
is reduced to zero.
Parkland Dedication; Developer has dedicated 1.4 acres of land
for parks and the Park Board has recommended a 100% credit
toward the Addition's park fees. The Park Board also has
approved items IV.B. 1,2,3, and 4 of the agreement.
Street Access Fees; Developer has volunteered to pay the street
access fee of $1,100 per lot this is equivalent to the approved
Street Impact Fee. The Developer is asldng that the $77,000 be
used to improve West Dove Street from S.H. 114 to North White
Chapel Blvd. this summer in conjunction with East Dove Street
improvements. The estimated cost for such improvements is
$150,000. The difference will need to come from the
Infrastructure Reserve Fund.
Sewer and Water Impact Fees: Developer is requesting that these
fees be credited against the previous water improvements costs.
* Other Fees: Developer is requesting that zoning change fees,
development plan and preliminary plat applicant fees, and final plat
Regular City Council Meeting Minutes
May 7, 1996
page fifteen
Aeenda Item # 10-A. Continued
filing fees be credited against the previous water improvement
costs. This amount is $9,430.00.
~ Developer is constructing landscaped
medians in Kirkwood Blvd. and/or residential streets. Developer
will maintain the landscaped medians; however, Developer did
request that the City maintain any medians which were not
landscaped. Staff has drawn a line through that request and feels
that the medians are an amenity and fall under Use of Public
Right-of-ways.
Strut Phasin~,-Kirkwood Blvd.: Developer is to build only the
easterly one-half of Kirkwood Blvd., from W. Dove Street north
to the addition.
Sewer Main: Developer will install a 27-inch sewer main to serve
the Addition. This sewer main is oversized for the City to utilize
and extended to serve the Denton Creek basin in Southlake east of
N. White Chapel Blvd. Council is aware that TRA is constructing
a lift station and the Denton Creek Pressure System. The
completion of the TRA and Kirkwood Hollow Addition will
provide a trunkline sewer to be extended to the east of North
White Chapel, providing an outfall for new sewers to be
constructed north of S.H. 114. The Developer is requesting that
the City credit by paying the Developer or contractor the actual
cost of constructing the 27-inch sewer main. This cost is estimated
to be $63,482.
Interim Sewer Service: Southlake already has an Inteflocal
Agreement with Trophy Club #1 to provide service to the area.
The TRA lift station and pressure line are planned to be in place
around October 1996, so this provision should not be utilized:
however, the agreement is already in place.
An additional item has recently come to staff's attention. In the Trail Master Plan Kirkwood
Blvd. is shown to have an on street bike lane and an off-street hike-bike trail. Developer has
designed and planned to build a 24-foot street which is the City's standard for one-half of a
boulevard cross section. In order to accommodate two travel lanes of vehicles, and a bike lane,
the Trail Master Plan suggest the need to add two (2) additional feet of street width.
Regular City Council Meeting Minutes
May 7, 1996
page sixteen
Agenda Item #10-A. Continued
Tom Allen, MTP, 9 Village Circle, Westlake, was present and stated they will maintain the
green areas.
Kim McAdams stated the Park and Recreation Board met with the developers for
about two hours and they did agree they would set the fences back. What the
Park Board wanted was for ail the land on White Chapel to be dedicated as soon
as possible, within the year. The plat just dedicates the one acre (or what is in
this section).
Motion was made to approve the Developer Agreement for Kirkwood Hollow, Phase I, as
amended regarding the mowing requirements and accepting the applicant's request regarding the
sidewalk along Kirkwood Blvd.
Motion: Hail
Second: Evans
Ayes: Hail, Evans, Fawks, Martin, Fickes
Nays: Muller, Moffat
Approved: 5-2 vote
Agenda Item #10-B. Develooer A~,reement for South Hollow
Ron Harper, City Engineer, led the discussion with regard to the Developer Agreement for
South Hollow, noting the usual requirements for performance and payment bonds, letters of
credit, or cash escrow are incorporated within the agreement. There are several revisions to the
agreement that require Council attention, including:
Street Si~n Issues: The City will allow 10 percent of the lots to
be released for permits, but the Developer must have securely
fastened temporary signs or permanent signs installed. Also added
is language regarding additional block numbers and regulatory
signs, which must be installed before the addition is accepted by
the City. Public Safety needs to have block numbers on street
signs to expedite emergency calls.
On-Site Sanitary. Sewer Facilities: Specified the conditions under
which the adjacent project Developer can enter on and construct a
connecting sanitary sewer line.
off-Site Drainage: Stated that Developer agrees to contribute pro-
rata in the amount of $21,180.94 (24.098 acres X $878.95 per
acre) towards a box culvert in East Continental Blvd.
Regular City Council Meeting Minutes
May 7, 1996
page seventeen
Anenda Item #10-B. Continued
approximately 1,800 feet west of South Kimball Avenue.
Park Fees: addresses the Park and Recreation Dedication
requirements. The Developer chooses to pay the Park Fee in the
amount of $19,500 ($500 per lot X 39 lots).
Street Access Fees: have been requested in lieu of the Perimeter
Street Fee. Council has authorized the utilization of Street Access
Fees instead of the Perimeter Street Fees for previous developers
who made the request. The Street Access Fee is collected,
normally from the home contractor, on a per lot basis when the
building permit is issued.
Paul McCracken, president of South Hollow was present to answer questions of Council.
Motion was made to approve the Developer Agreement for South Hollow as presented.
Motion: Evans
Second: Hall
Ayes: Evans, Hall, Martin, Muller, Fawks, Moffat, Fickes
Nays: None
Approved: 7-0 vote
Agenda Item g2-A. Executive Session. Continued
Mayor Fickes advised the audience that Council would be going back 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 12:25 a.m.
Council returned to open session at 12:45 A.M.
Agenda Item #2-B. Action Necessary/Continued
Motion was made to authorize the Mayor to sign the contract to purchase property for a water
tower as discussed in executive session.
Motion: Evans
Second: Hall
Regular City Council Meeting Minutes
May 7, 1996
page eighteen
Aeenda Item g2-B. Continued
Ayes: Evans, Hall, Fawks, Muller, Moffat, Martin, Fickes
Nays: None
Approved: 7-0 vote
Motion was made to authorize the Mayor to execute the settlement in Belinda Garza vs. City of
Southlake lawsuit, as discussed in executive session.
Motion: Evans
Second: Hall
Ayes: Evans, Hall, Martin, Fawks, Muller, Moffat, Fickes
Nays: None
Approved: 7-0 vote
Aeenda Item//12. Adjournment
Mayor Fickes adjourned the meeting at 1:15 a.m.
ATTEST:
LeGrand
City Secretary
City of Southlake, Texas
CITY COUNCIL MEETING
SIGN UP IF YOU WISH TO SPEAK DURING THE MEETING
DATE:711 / i �
NAME ADDRESS TELEPHONE AGENDA ITEM
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City of Southlake, Texas
CITY OF SOUTHLAKE, TEXAS
OATH OF OFFICE
STATE OF TEXAS
COUNTY OF TARRANT /DENTON
CITY OF SOUTHLAKE
"I, WAYNE MOFFAT do solemnly swear (or affirm) that I will
faithfully execute the duties of COUNCILMEMBER PLACE 2 of the City
of Southlake, State of 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 this 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 for the giving or withholding of a vote at the election at
which I was elected. So help me God."
V V
1
WAYNE MOF T
SWORN TO AND SUBSCRIBED BEFORE ME, THIS THE 7TH DAY OF MAY, 1996.
sourh .�/
o �� /A-
�� to GARY + ' ICK S •
Oft ..) m $ MAYOR OF SOUTHLAKE
t $
AT
_Ad _Ayr
DRA Ee'A D
CITY S RETARY
LAziltk,
Nati, ,
City of Southlake, Texas
CITY OF SOUTHLAKE TEXAS
OATH OF OFFICE
STATE OF TEXAS
COUNTY OF TARRANT /DENTON
CITY OF SOUTHLAKE
"I, W. RALPH EVANS do solemnly swear (or affirm) that I will
faithfully execute the duties of COUNCILMEMBER PLACE 1 of the City
of Southlake, State of 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 this 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 for the giving or withholding of a vote at the election at
which I was elected. So help me God."
Or( / /L
W. RALPH EV S
UIHN�
SWORN 0 1 RIBED BEFORE ME, THIS THE 7TH D. OF MAY 1996.
* � GAR / IC.'
41 r MAY ,• R OF SOUTHLAKE
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, SCOTT F. MARTIN do solemnly swear (or affirm) that I will
faithfully execute the duties of COUNCILMEMBER PLACE 6 of the City
of Southlake, State of 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 this 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 for the giving or withholding of a vote at the election at
which I was elected. So help me God."
/0/ . AM
SCOTT F. MARTIN
SWORN TO ��1 BED BEFORE ME, THIS THE 7TH DA OF .Y 1996.
los
44. _ --�` GARY +^ C S
�► MAYOR OF SOUTHLAKE
�'� C IO J►y
ATTEST:
Mltt10111WA
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Al LitA ‘ A, - 76.Aikt L
)
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, GARY FAWKS do solemnly swear (or affirm) that I will faithfully
execute the duties of COUNCILMEMBER PLACE 5 of the City of
Southlake, State of 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 this 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 for the giving or withholding of a vote at the election at
which I was elected. So help me God."
i
i
tgOlas , ,
y - S V
SWORN TO AgESCRIBED BEFORE ME, THIS THE 7TH DAY OF 'Y, :96.
o f 11ovey
Afft _ _
a * . •'RY : 'CK S
MAYOR OF SOUTHLAKE
A ST:
kttit /1, ill,A4R-1--
ANDRA L. LEGRAND
CITY SECRETARY
1Yr ,
METROPORT 114 Partnership
..,d1ETROPORT Partnership Recommended Program
▪ A/1 -3 Year / Fiscal Year 1998 Funding Commitment
be ❑ Accelerated frontage roads - IH -35W to FM 1709
$57.4 million total costs
With TxDOT funding commitment to 114 Program -Open in Year 2000
❑ Define preferred alternative to address Grapevine "funnel project"
❑ Initiate alternatives study for freeway expansion from DFW to SH 183
A13 -5 Year / Fiscal Year 2000 Funding Commitment
❑ Refine Superstreet Concept
�.. ❑ Initiate preferred alternative for Grapevine "funnel project"
❑ Implement Superstreet Concept - Trophy Lake Drive to FM 1709
so
$25.2 million total costs
.ni With TxDOT funding commitment - Open in year 2002
A/5 -10 Year / Fiscal Year 2003 Funding Commitment
❑ Implement long -range improvements to SH 114 express lanes from IH -35W to FM 1709,
Grapevine "funnel project," and SH 114 freeway expansion to SH 183
�„ Superstreet Typical Intersection Bypass
o SIGNAL ^ FRONTAGE ROAD
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be 4. 4 1.
.« .« ` •■•
I
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FUTURE BRIDGE WIDENING
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SIGNAL FRONTAGE ROAD
METROPORT Partnership Mission
Evaluate TxDOT- approved design / development schedule / status and define new design / construction
phasing / construction sequencing alternatives
'" A/Develop SH 114 Corridor Program
r ❑ Build consensus and support for program of financially feasible SH 114 improvements
❑ Secure financial commitments from public and private sectors to cost -share project development
costs
1110 Appear before Texas Transportation Commission on June 18, 1996
op. ❑ Present SH 114 Corridor Program of financial backing and political support
❑ Request Commission approval for program of improvements
❑ Request Commission Fiscal Year 1998 construction programming commitment
*- For More Information, CaII: City of Southlake
lea City Manager's Office
(817) 481 -5581 ext. 114
as
METROPORT 114 Partnership .,.
e 411
A/1987 Corridor improvement program completed - new needs identified as result of explosive corridor growth.,„,,,
since then —.
❑ 1990 average corridor traffic ranged from 26,000 vehicles per day in Southlake to 15,200 vehicles r•
per day in Roanoke
❑ 1996 average corridor traffic ranges from 38,500 vehicles per day in Southlake to 19,700 vehicles
rig
per day in Roanoke
❑ Current truck traffic represents 16 -22% vehicle volume --
❑ Expanded and new multi - million square footage intermodal, regional distribution, commercial and ,,,,,
corporate employment centers - IBM - Burlington Northern Santa Fe Intermodal - NOKIA - Federal
Express - Michaels - Nestle - GTE - SABRE - Texas Motor Speedway - Baylor Medical Center -
DFW International Airport r
A/Explosive residential development -most aggressive new home market in Metroplex
_.
Current TxDOT ranking process precludes priority funding for SH 114 Corridor improvements
- \/SH 114 from IH -35W to FM 1709 received all environmental clearances, right -of -way acquisition underway ""
and engineering nearing completion ,.,
- \/Initial feasibility study completed by TxDOT for Grapevine "funnel project" so
With current funding availability, full corridor improvements could not be completed before Year 2013
Full TxDOT- approved freeway improvement program - $172.6 million (1996 dollars) ""
Proposed accelerated frontage road program -$57.4 million (1996 dollars) a■
❑ Construction -$38.7 million
A
E1 Right-of-way and utility relocation -$15.2 million
mo
❑ Engineering and right -of -way acquisition activities -$3.5 million
so
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