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1996-07-16 CITY OF SOUTHLAKE, TEXAS 667 NORTH CARROLL AVENUE REGULAR CITY COUNCIL MEETING JULY 16, 1996 MINUTES COUNCILMEMBERS PRESENT: Mayor Rick Stacy; Mayor Pro Tem W. Ralph Evans; Deputy Mayor Pro Tem Pamela Muller. Members: Scott F. Martin, David A. Harris, Gary Fawks; and Wayne Moffat. STAFF PRESENT: Curtis E. Hawk, City Manager; Shana Yelverton, Assistant 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; Kim McAdams Lenior, Director of Park and Recreation; Billy Campbell, Director of Public Safety; Wayne K. Olson, City Attorney; and, Sandra L. LeGrand, City Secretary. INVOCATION: Mayor Pro Tem 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 Rick Stacy at 6:00 p.m. Agenda Item #2-A, Executive Session Mayor Rick Stacy 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 6:00 p.m. Council returned to open session at 7:00 p.m. Agenda Item #2 -B. Action Necessary /Executive Session. No action was taken as the result of the executive session. Agenda Item 33. Approval of the Minutes of the July 2. 1996 City Council Meeting. Motion was made to approve the minutes of the July 2, 1996, City Council meeting. Regular City Council Meeting Minutes July 16, 1996 page two Agenda Item #3. Continued Motion: Evans Second: Martin Ayes: Evans, Martin, Harris, Fawks, Muller, Moffat, Stacy Nays: None Approved: 7 -0 vote Agenda Item #4 -A, Mayor's Report. Mayor Stacy reported this is the first meeting under our new time schedule. The Council work session was held from 5:00 p.m. to 6:00 p.m. at which time the meeting was called to order and Council adjourned for Councilmembers to go into executive session. At 7:00 p.m. Council began the regular agenda items. Agenda Item #4 -B. City Manager's Report Curtis Hawk, City Manager, stated the Joint City Council and Planning and Zoning Commission Work Session will be held on July 18, 1996, beginning at 6:30 p.m. The purpose of the meeting will be to discuss changes to the zoning ordinance to add telecommunication issues; the resolution regarding zoning case limitation; driveway ordinance; and, tree preservation ordinance. The meeting will be held in the City Council chambers at City Hall. Mr. Hawk also noted a joint meeting with the City Council and SPIN Representatives will be held on July 25, 1996 at Bicentennial Park. The City Manager stated no new information has been received with regards to the SH 114 Improvement Project. Agenda Item #4 -C, SPIN Report Joe Mast, 2415 Taylor Street, Southlake. Mr. Mast made a report as SPIN #3 Representative, noting there are three main issues of his SPIN area: 1) Reconstruction of Dove Road, from Kimball Avenue to White Chapel Blvd.; 2) Sewer service in Emerald Estates; and, 3) the proposed redevelopment plan in Crossroads Square meeting, which will take place soon. Mr. Mast asked for the SPIN Ordinance on the agenda tonight to be tabled until the next City Council meeting. Agenda Item #5, Consent Agenda The following items were added to the consent agenda tonight: Regular City Council Meeting Minutes July 16, 1996 page three Agenda Item #5, Continued 9 -A. Resolution No. 96 -46, appointment of members to a Library Committee. 9 -B. Resolution No. 96 -47, in support of North Texas Tollway Authority endorsing Option #3. 9 -C. Resolution No. 96 -48, designating City of Southlake's nominee to the Tarrant Appraisal District (TAD) Board of Directors to fill the unexpired term of Mac Wilburn. 9 -D. Resolution No. 96 -49, appointment of City Council representative to the Economic Development Advisory Committee. Motion was made to approve the consent agenda consisting of items #9 -A, #9 -B, #9 -C, and #9- D, naming all sixteen applicants to the Library Committee (Karen Apple, Richard Bartholomew, Karen Cienki, Billy Jon Curb, Maurine Curb, Tom Doran, Danita Fierce, Sally Hall, Kathy Harris, Diane Lacina, Cynda Mast, Aloha Payne, Elizabeth Ponder, Arthur Sorenson, Anne Underwood, and Lindsey Vinson); Resolution No. 96 -49, naming Rick Stacy; and Resolution No. 96 -48 naming Mike Davis. Motion: Harris Second: Muller Ayes: Harris, Muller, Fawks, Moffat, Martin, Evans, Stacy Nays: None Approved: 7 -0 vote Agenda Item #6. Public Forum Public Appearance: Regena Turner, "Think A Head Foundation" did not show up for the meeting. Public Forum: Marilyn Miles, 2972 Burney Lane, Southlake. Ms. Miles indicated that she is a resident of Southlake and thanked the City Council and citizens for naming Bob Jones Park after her grandfather, Bob Jones. Kim Campbell, 495 Love Henry Court, Southlake. Ms. Campbell stated she represented ten (10) families on the park issue. Her letter is hereby attached to the minutes of this meeting. Pat Ritchie, 79 Corral Drive, Keller. Ms. Ritchie stated she is against moving equestrian trails to bike trails. She states she wants to keep trails for equestrian uses. Cara White, 4475 Homestead Drive, Roanoke. Ms. White stated Mesa Consultants is redrawing Bob Jones Park. She stated it is not that they don't want soccer fields, but they want the fields buffered from the residential property. She referenced the survey prepared by UTA for Park Regular City Council Meeting Minutes July 16, 1996 page four Agenda Item #6. Continued and Recreation Board. She asked that Southlake keep open and natural spaces. Mike Ritchie, no comments. Agenda Item #7 - A. Ordinance No. 530 - A. 2nd reading. Animal Control Billy Campbell, Director of Public Safety, reintroduced the proposed Animal Control Ordinance No. 530 -A, adding, the revisions have been made as suggested during the last meeting. The City Manager noted Council needs to set an amount for the appeal bond provided for in Section 7.07(a). Staff believes an amount of fifty dollars ($50) would not be perceived as an amount too high. We do not want the fee to effectively deny a due process of appeal. The public hearing resulted with no comments from the audience. Motion was made to approve Ordinance No. 530 -A, with the following changes: page 7 -8 the word "rat" be deleted from subparagraph J; page 7a -16, the blank be filled in to reflect $50. Motion: Harris Second: Evans Mayor Rick Stacy read the caption of the ordinance. Ayes: Harris, Evans, Fawks, Muller, Moffat, Martin, Stacy Nays: None Approved: 7 -0 vote Agenda Item #7 - B. Ordinance No. 644. 2nd reading Painting Addresses on Curbs Curtis Hawk, City Manager, stated there are only two (2) changes since the first reading of Ordinance No. 644, requiring registration for persons who engage in the business of painting address numbers on street curbs; 1) to add the language in Section 4 to provide that the fee be set at $10 upon adoption of the ordinance, and as determined by City Council in the Fee Schedule thereafter; and, 2) to add language in Section 7 to require the statement that the City is not endorsing or sponsoring the business on the cover of any brochure or any other promotional materials soliciting customers, as suggested by Councilmember Harris. Public Hearing: Windi Charles, 3200 Jordon Street, Southlake.Ms. Charles stated if we are going to go through the expenses of a permit, it would be more feasible to use the Southlake Journal or another newspaper for advertisement. Councilmember Muller suggested that a $10. fee may be too low, and suggested Regular City Council Meeting Minutes July 16, 1996 page five Agenda Item #7 - B, Continued the fee be increased to $25. Councilmember Fawks note he feels a 9:00 p.m. time limit is too late and asked if that could be changed to 8:00 p.m. curfew. Motion was made to approve Ordinance No. 644, 2nd reading with a time restriction from 8:00 p.m. to 9:00 a.m., and requiring the applicant to show a certificate from the city. Motion: Fawks Second: Harris Mayor Stacy read the caption of the ordinance. Ayes: Fawks, Harris, Evans, Muller, Moffat, Martin, Stacy Nays: None Approved: 7 -0 vote Agenda Item #7 -C, Ordinance No. 661, 2nd reading, Meeting Time for Regular City Council Meetings. Curtis Hawk, City Manager, commented that there have been no changes since the first reading. This ordinance would set the times for the regular meetings as required by City Charter. The public hearing resulted with no comments from the audience. Motion was made to approve Ordinance No. 661, 2nd reading. Motion: Harris Second: Martin Mayor Stacy read the caption of the ordinance. Ayes: Harris, Martin, Evans, Fawks, Muller, Moffat, Stacy Nays: None Approved: 7 -0 vote Agenda Item #7 -D, Ordinance No. 660, 2nd reading Creating an Offense for Violation of Promise to Appear for Ordinance Violations. The City Manager, Curtis Hawk, stated there have been no changes to this ordinance since the first reading. He added, without this ordinance, there could be consequences adverse to the City if a defendant is arrested for failure to appear, to answer a citation issued by a city employee for violation of a City ordinance. The public hearing resulted with no comments from the audience. Regular City Council Meeting Minutes July 16, 1996 page six Agenda Item #7 - D. Continued Motion was made to approve Ordinance No. 660, 2nd reading, with the understanding in Section 1, that the Director of Public Safety or his designee or the Director of Public Works or his designee could write a violation under this ordinance. Motion: Martin Second: Harris Mayor Stacy read the caption of the ordinance. Ayes: Martin, Harris, Evans, Fawks, Muller, Moffat, Stacy Nays: None Approved: 7 -0 vote Agenda Item #7 - E, ZA 96 - 67, Plat Showing. Lot 2 & 3 W.H. Martin No. 1068 Addition ZA 96 -67, Plat Showing, Lot 2 and 3, William H. Martin No. 1068 Addition, being approximately 2.875 acres situated in the William H. Martin Survey, Abstract No. 1068 and being Tracts 4 and 4A, and in the C. Dart Survey, Abstract No. 2003, being Tract 2A8. Current zoning is "AG" Agricultural District, with a requested zoning of "SF -1A" Single Residential District. Owner /Applicant: Theodore V. Dias and Glen S. Barnett. Public Hearing. Karen Gandy, Zoning Administrator, commented that four (4) notices were sent to property owners within the 200' notification area and one (1) written response has been received from Anita T. Salinas, 2185 Randol Mill Avenue, Southlake, in favor, however, noted "if the change results in a house being built behind the one existing on Tract 4A1, I am opposed." Theodore Dias, 2812 Water Ridge Court, Grapevine. Mr. Dias stated the property in question is where they are wanting to build a house adjacent to the one house that is already there. There would be one house for each lot, which would be the same distance as the house that is there now. Councilmember Martin encouraged staff and Mr. Dias to communicate with the neighbors who are in opposition. Public Hearing: Mr. Dias commented they only saw the comment letter tonight and added, it will take them a full 90 days to go through the process. Motion was made to approve ZA 96 -67, subject to the Staff Review Summary No. 1 dated July 12, 1996. Motion: Moffat Second: Muller Ayes: Moffat, Muller, Fawks, Evans, Harris, Martin Nays: None Regular City Council Meeting Minutes July 16, 1996 page seven Agenda Item #7 - E, Continued Abstention: Stacy Approved: 6 -0 -1 vote Mayor Rick Stacy stated he abstained because he is a distant cousin to the owner of the property. Agenda Item #7 - F, ZA 96 - 70. Plat Showing. Lots 4 and 5. J.J. Freshour No. 521 Addition ZA 96 -70, Plat Showing, Lots 4 and 5, J.J. Freshour No. 521 Addition, being approximately 2.18 acres situated in the J.J. Freshour No. 521 Addition, being tracts 9A1A and 9A2. Current zoning is "AG" Agricultural, with a requested zoning of "SF -30" Single Family Residential District. Owner /Applicant: Brian and Monica Boutte. Public Hearing. Karen Gandy, Zoning Administrator, commented that six (6) notices were sent to property owners within the 200' notification area and no written responses were received. Public Hearing: Don Ball was present representing Brian and Monica Boutte. Mr. Ball stated there is an existing septic system on both lots. Greg Last, Director of Community Development, stated this is not a platting issue at this point, however, if they change the septic system, they would have to go to Tarrant County Health Department. Mr. Ball stated the owners would not have a problem with the summary letter. Motion was made to approve ZA 96 -70, subject to the Staff Review Summary No. 1 dated July 12, 1996. Motion: Harris Second: Martin Ayes: Harris, Martin, Evans, Fawks, Muller, Moffat, Stacy Nays: None Approved: 7 -0 vote Agenda Item #8 -A. Ordinance No. 662, 1st reading. Creating a Water Conservation and Drought Contingency Ordinance. Ordinance No. 662, 1st reading, creating a water conservation and drought contingency ordinance was presented by Bob Whitehead, Director of Public Works, who commented during the June 26, 1996, City Council Retreat information was provided detailing reasons for a water conservation plan and drought contingency ordinance. Regular City Council Meeting Minutes July 16, 1996 page eight Agenda Item #8 - A. Continued Curtis Hawk, City Manager, stated he wanted to make it clear that we are talking about city water systems and not private wells. Also, it was suggested the amount of fine is not to exceed $2,000. Motion was made to approve Ordinance No. 662, 1st reading, making the change for the fine not to exceed $2,000 and clarifying the wording to include use of city water only. Motion: Fawks Second: Muller Mayor Stacy read the caption of the ordinance. Ayes: Fawks, Muller, Muffat, Martin, Harris, Evans, Stacy. Nays: None Approved: 7 -0 vote Agenda Item #9 -E. Resolution No. 96 -50 Temporary Relief to Resolution No. 95 -24 which limits the number of zoning applications. Curtis Hawk, City Manager, stated the Planning and Zoning Commission's agenda for July 18, 1996 has twenty -three (23) items for their consideration. This lengthy agenda is due to the Commission being unable to convene their June 20 and July 4 meetings due to lack of a quorum and the national holiday, respectfully. All items from the June 20 agenda (except the plats) were continued to this meeting in addition to the new cases scheduled for this date as well. Mr. Hawk explained that Mayor Stacy and Councilmember Fawks have raised the issue that the Commission may not be able to consider all the items before them due to Case Limitation Resolution No. 95 -24 and that this could again inconvenience the applicants. This resolution was adopted so that the citizens of Southlake would not have to be in attendance after midnight in order to be able to participate in the public hearing process on zoning and other development related cases. However, due to the unusual circumstances leading up to this agenda, the City Council may wish to grant an exception to the resolution so that the Commission can complete their agenda in one evening. Mayor Stacy stated, "rules prohibit use of common sense." Karen Cienki, 803 Shadow Glen Drive, Southlake. Ms. Cienki referenced a letter she had written to the Mayor and Councilmembers with regards to agenda item #9 -E, stating every resident of Southlake and developer doing business in Southlake needs to acknowledge that those citizens serving on the Council, Commissions, Boards and Committees are doing so on a volunteer basis and are sometimes putting in as much as 18 -hour days. Ms. Cienki stated the Planning and Zoning Commission should not be given "discretionary action" to lift the 11:00 p.m. cut off time, nor should Council, at their whim, change the rules at "mid stream." Regular City Council Meeting Minutes July 16, 1996 page nine Agenda Item #9 -E, Continued A copy of the letter from Ms. Cienki to the Mayor and Councilmembers dated July 16, 1996 is hereby attached to the minutes of this meeting. Mayor Stacy stated the Planning and Zoning Commission should have the opportunity to change the rules if they choose. It is the curfew and the opportunity for filibuster and delay that he does not like. Councilmember Moffat stated he feels Ms. Cienki and the Mayor have the same goal which is citizen convenience and protection. Joe Wright, 1640 Brumlow Avenue, Southlake. Mr. Wright, Chairman of the Planning and Zoning Commission, stated he just wants to move the city's business forward. He stated he feels it works better with no curfew: he has worked it both ways. He asked the City Council to not pass relief for July 18, Planning and Zoning Commission meeting. He knows it is short notice to change. Councilmember Harris stated if we modify the resolution to accommodate both Mayor and Karen Cienki, would it give any help if the P &Z could go on with items with no opposition. Mr. Wright stated he feels the City Council should trust the Planning and Zoning Commission and let them go on. Motion was made to table Resolution No. 96 -50. Motion: Moffat Second: Fawks Ayes: Moffat, Fawks, Muller, Martin, Harris, Evans, Stacy Nays: None Approved: 7 -0 vote (to table) Agenda Item #10 -A. Authorizing the Mayor to execute the Water System Improvements Contract for the 5- Million Gallon Ground Storage Tank. Booster Pump Station Site No. 1 Bob Whitehead, Director of Public Works, stated, in agreement with the Concept Plan for the Water Distribution System, Council has purchased property at Pearson Lane and F.M. 1709 for a water ground storage tank and pumping facility. The reason for this location is that the water ground storage tank and pumping facility have to be in the approximate area of the transmission line that extends through the City of Keller to this location. Council originally considered the northeast corner of the "C -2" Local Retail Commercial District tract which is located at Pearson Lane and F.M. 1709. The property owner was unwillingness to sell any of the property's frontage onto F.M. 1709. After a series of meetings with the Cimmarron Acres residential Regular City Council Meeting Minutes July 16, 1996 page ten Agenda Item #10 - A. Continued property owners, Council approved the purchase of the entire 16.00 acre tract of land with the selected location of the facility at the west end of the property along Pearson Lane. Based upon a meeting with the neighborhood on Wednesday, July 10, 1996, alternative locations within the 16.00 acres for the tanks will be presented at tonight's meeting. Mr. Whitehead stated Site A (west end) will cost 2.7 million dollars; Site B (center) will cost 2.731. million dollars and Site C (east) will cost 3.2 million dollars with a three (3) month delay. Whitehead noted Site "B" will have no problem being on line by June 1997. The site work for "B" is an additional $20,000. The low bidder for the project is Tank Builders, Inc. with a steel tank at $746.000. Public Comments: Windi Charles, 3200 Jordan Drive, Southlake. Ms. Charles stated she appreciates all the meetings on this issue. She is opposed to the corner location and have been asked to represent several other neighbors. Everyone who supported the petition is still in support. She is opposed to Site "B". The neighbors do not want a water tank period, but want to support the original plan with the tanks in the northeast corner of the property. She asked Council what will happen to the remainder of the fourteen acres. She stated she wants to see the entire plan, asking what the neighborhood has to do to show their vote. Curtis Hawk, City Manager, stated City Council started the plan eight years ago and explained how we got to where we are today. Al Wilson, 201 Harrell Drive, Southlake. Mr. Wilson stated he is a concerned citizen of Cimmarron Estates, and he wants to keep Site "A" and go with the concrete water tanks. Several comment made by Mr. Wilson include: construction delay; take the tanks away from the homes; saving $200,000 by not adding to the water line; keeping Site "A" keeping level with water; and, preserve the wooded area. He noted he is satisfied with Site "B" but would prefer Site ', Linda Wilder, 141 Harrell Drive, Southlake. Ms. Wilder stated she would compromise with Site "B ", adding, she has stayed with the process for over six months. She feels the City Council can do a good job with what is acceptable to Southlake. She does not want fast -food restaurants on that corner. Theresa Talabert, 131 Harrell Drive, Southlake. Ms. Talabert stated she prefers Site "A" but will agree with the compromise to Site "B ". Don Ball, passed. Regular City Council Meeting Minutes July 16, 1996 page eleven Agenda Item #10 -A, Continued John Wilder, Jr. Passed. Jim and Karen Anderson 3111 Gray, Southlake. They were not present but backed Site "A" or Site "B ". W.J. Brumbalew, 3002 West Southlake Blvd., Southlake. Mr. Brumbalew stated he is for Site "A" but will compromise with Site "B". L.D. Tucker, currently building in Cimmarron Acres. Mr. Tucker stated he could go with Site "B" but would rather have Site "C ". He commented on steel vs. concrete noting concrete is 8' taller. A steel tank would be 40'. Ronnie Castleberry, 415 Harrell Drive, Southlake. Mr. Castleberry stated he feels the decision has been made. He noted Site "C" was presented at the beginning of the year, with drawings and landscaping showing more landscaping and concrete. The reason Site "C" was best is because no one has to walk out the door and look at the tanks. He stated it upsets him because all the neighbors are mad at each other and he feels they don't have a voice in the matter. Council adjourned for recess at 10:45 p.m. Council returned to open session at 10:50 p.m. Mayor Rick Stacy asked the audience to give the City Council the flexibility to do what is best for Southlake. Agenda Item #2 -A. Executive Session. continued Mayor Stacy advised the audience that Council would be going into executive session pursuant to Chapter 551 of the Texas Government Code, Section 551.071 of the Open Meetings Act, to seek the advice of the City Attorney. Council adjourned into executive session at 11:00 p.m. Council returned to open session at 11:10 p.m. Agenda Item #2 -B, Action Necessary /Continued No action was taken as the result of the executive session. Council discussed agenda item #10 -A, addressing flood lights, height of concrete tank vs. steel tanks. It was noted that a steel tank is a less risky composition for the City than concrete. Regular City Council Meeting Minutes July 16, 1996 page twelve Agenda Item #10 - A, Continued A copy of the memorandum from Bob Whitehead, Director of Public Works, dated July 12, 1996, regarding the bidding information for the construction of the 5- million gallon water ground storage tank, pumps, controls, building and piping, fencing, landscaping and parking is hereby attached to the minutes of this meeting. Motion was made to authorize the Mayor to execute the water system improvement contract, the 5- million gallon water ground storage tank, pumps, controls, building and piping, fencing, landscaping, and parking for Site #1 on the northeast corner at Site "B" with a steel tank. Motion: Moffat Second: Harris Ayes: Moffat, Harris, Fawks, Evans, Muller, Martin, Stacy Nays: None Approved: 7 -0 vote Agenda Item #10 -C. Variance to Sign Ordinance No. 506 -A. for Readerboard Sign at Primrose School Ron Harper, City Engineer, introduced the request for variance to the Sign Ordinance No. 506 - A, for Readerboard Sign for Primrose School, 155 South Kimball Avenue. Mr. Harper stated the Primrose School has applied for a permit to construct a monument sign with three lines of changeable copy and for an additional three signs not defined in the Sign Ordinance. The current sign ordinance requires that the City Council issue a variance, if it chooses, to allow the installation of signs not specifically defined by the Sign Ordinance. The proposed readerboard sign is to be a monument sign. This sign meets all requirements for a monument sign and it is to be illuminated. Mr. Harper stated since the Sign Ordinance was adopted in March 21, 1996, the City Council has considered and approved seven (7) variances for readerboards. Nancy Cangelosi, 305 Chapel Downs, Southlake. Ms. Cangelosi was present and noted the monument sign is within the city's ordinance and the readerboard information is for community information. Ms. Cangelosi noted that all the elementary schools in Southlake have them. Councilmembers Muller and Fawks stated they have a problem with the flood lights. It was noted that the information will be informational only with no advertisement for the school. Motion was made to approve the variance to Ordinance No. 506 -A for the conditional readerboard sign, the no smoking sign #1, mailbox sign #3A and information sign #3B. Regular City Council Meeting Minutes July 16, 1996 page thirteen Agenda Item #10 - C, Continued Motion: Fawks Second: Evans Ayes: Fawks, Evans, Moffat Nays: Muller, Martin, Harris, Stacy Denied: 3 -4 vote Agenda Item #11 - A. Discussion: Policy for reimbursement of Council expenses Mayor Rick Stacy led the discussion with regard to the need for a policy for reimbursement of Council expenses pursuant to Article 2.05, Home Rule Charter for the City, stating he asked that this item be on the Council agenda for discussion. He read Article 2.05 "Compensation: The members of the Council shall serve without pay or compensation provided, however, that they shall be entitled to reimbursement for expenses in the performance of their specific duties when approved by the Council." After discussion by Council, a policy is to be worked up by staff and council and brought back to Council in the near future. Agenda Item #12, Adjournment. The meeting was adjourned by Mayor Rick Stacy at 12:30 a.m. I I O Mayor ' ick Stacy ATTEST: ji/p,a 4111411...-J tM �pUTit Sandra L LeGrand O City Secretary * 4 Agenda Item #6 public forum Love Henry Homeowners Southlake, Texas 329 -8840, 481 -3241, 481 -6242 July 17, 1996 Mayor Rick Stacy Southlake City Council Members Southlake City Hall Chambers Southlake, Texas Honorable Mayor Stacy and Council members: We,the homeowners of Love Henry Ct.have decided that we will present a unified front on the approach to the present condition at Bicentennial Park and the future expansion of the same park. We are a development that has been established over 20 years, and one of the few low density developments in the city. While we have been property owners for over 20 years, we have received very little for our city taxes,our street has not been resurfaced, our water lines not upgraded and sewer not offered. We do however have the proximity of a park that we spoke against in 1994 both at Planning and Zoning and City Council meetings where we asked that the ball diamonds be positioned on the far south portion of the property near the commercial development. We also requested a buffer that was not on the original plans, we received a wood fence and dead trees that stop neither light, sound or dirt. We request the following as a means to correct a current situation that is presently not acceptable to our neighborhood residents: IMMEDIATE REQUESTS 1. That under no circumstances there be any further development Bicentennial Park until the buffer zone is purchased, established and in place. This is the number one priority. 2. The purchase and construction of a buffer North of the present park that is sufficient to block noise pollution, air pollution and lights. We realize that the available zoned buffers are not adequate for the present situation and must be changed. 3. The establishment of an attractive buffer of 15 -20 feet in height with high density, established evergreen trees and shrubs. 4. The combination of the recreation center with the pool adjacent in one area in the center of the parking area so as to give the police easier access to patrol the exterior of the building. 5. The recommendation that the two uses not be separated by parking lots as foot traffic by teenagers could lead to other items of concern. 6. The possibilities of the joint usage of recreation center and pool area in activities. 7. The lights require further adjustment until they do not illuminate the property adjacent to the park. 8. The lighting timers require more correction. The fields should not be lit when not in use or beyond restricted times. Current restrictions are not acceptable, under no circumstances should the lights exceed 10 pm weekdays and 11 pm weekends as this was the original agreement in 1994. 9. Do not construct a City -wide maintenance facility at this park. 11. That all utilities be placed underground and all utility easements be on city owned property. 10. There should be homeowner notification and input before temporary extension of hours of use of lights and fields beyond the current restrictions which were originally 10 pm week nights and 11 pm weekends. 11. We do not support the purchase of the retail frontage on 1709 for an entrance, the purchase at commercial rates does not seem prudent at this time. 12. The concern for the placing of priorities and time of purchase of the buffers at Bob Jones Park as compared to Bicentennial, especially the size comparisons and proximity of homes. With the apparent switch of property of PIMA Properties with the parks is a perfect time to invest the money paid for the expansion of the shopping center for a buffer on the North side of the current park. Mr. McMahan stated that the property where the current soccer practice is could be donated and the new land purchased from the city, with this property fronting Whites Chapel he also stated that it was probably more valuable than what he was donating. Mr. McMahan seemed very open to all suggestions of tree plantings and moving, perhaps the buffer could be purchased and the trees that he needs to move or replace could be used in the buffer on the North side of Bicentennial Park in the very near future. We strongly encourage this development with the above suggestions. The development of a buffer is our number one priority and we will not back down on this issue or accept delays or inferior substitutions. The lights still need more adjustment and the times they are on is unacceptable. The use of an outdoor Public Address System is also not acceptable at any time. We are willing to engage in communication at any time to solve the situation at hand and we request that we be notified individually of all meetings of the City Council, Parks Board, Southlake Parks Development Corporation, Joint Utilization Committee, Planning & Zoning Commission, and Zoning Board of Adjustment, in which any decisions involving Bicentennial Park are on the agenda. Sincerely yours, Si and Nell Rickman John and Kim Campbell Harold and Angela Annis Francis and Lisa Nathan John and MO Remetta Izak and Gay Gregory John and Kay Myers Mike and Phyllis Benton Mr.& Mrs. Nichols Mark and Susan Prestjohn Agenda Item #9 -E 7R nn_ W s >gss July 16, 1996 OFFICE OF CITY 803 Shadow Glen Driv SECRETARY Southlake, Texas 76092 The Honorable Mayor Rick Stacy and Council Members of the City of Southlake 1725 East Southlake Blvd. Southlake, Texas 76092 Dear Mayor Stacy and Council Members: In reference to the Regular City Council Meeting Agenda dated July 16, 1996, item 9E, Resolution No. 96 -50, Temporary relief limiting the number of zoning applications, I ask you to consider the following before making any decisions. Every resident of Southlake and developer doing business in Southlake needs to acknowledge that those citizens serving on the Council, Commissions, Boards and Committees are doing so on a volunteer basis and are sometimes putting in as much as 18 hour days. This is also the case of many of our fine City employees who are expected to put in a "normal working day" AND attend many of our evening meetings, yet do not have the luxury of being home within 15 minutes after the meetings are over. By eliminating or lifting the 11:OOp.m. cutoff time for public hearings on items before the Planning and Zoning Commission, we are asking the Commissioners to give the same attentiveness to a case at 1:00a.m. as what was being heard at 7:OOp.m. Every resident should be able to voice their opinion on issues important to them. They should be guaranteed that they will be given a reasonable time to do so. By eliminating or lifting the 11:OOp.m. cut off time during this first stage of the process, could force some residents to wait until the public hearing during the second reading at Council, weeks later if the residents are not able to stay until the wee hours of the morning at P &Z. As the development process progresses, individual and corporate developers, as well as Southlake residents need to have faith and reliability in the entire process. The P &Z Commission should not be given "discretionary action" to lift the 11:OOp.m. cut off time, nor should Council at their whim change the rules at "mid stream ". Case in point is the P &Z meeting scheduled for Thursday, July 18, 1996. Due to numerous situations, Thursday's agenda is extremely heavy with many public hearing cases. Items 22 and 23 involves the Goode Airport property. Are the SPIN Reps going to be responsible for contacting a select group of residents with less than 48 hours. notice to inform them that the 11:00 hold has been lifted and they will need to stay at P &Z if they wish to speak, or are the residents left on their own? FYI - -in talking with the SPIN Standing Committee Reps, nine reps want the 11:OOp.m. cut off time to remain in place, 1 rep would like to see it entirely lifted, and I was not able to speak with the remaining five. Suggestions made to address this situation includes pushing the 11:OOp.m. cut off to 12:00 midnight and/or include those months with a fifth Thursday to be used as a meeting date (four times per year). Thank you for your consideration of these issues. Sincerely, ,. - 7 64lC� a C. wren Cienki • • Agenda Item /f10 -A City of Southlake, Texas MEMORANDUM July 12, 1996 TO: Curtis E. Hawk, City Manager FROM: Bob Whitehead, Director of Public Works SUBJECT: Authorize the Mayor to Execute the Water System Improvements Contract for the 5- Million Gallon Ground Storage Tank, Booster Pump Station Site No. 1 at the Northeast Corner of Pearson Lane and F.M. 1709 GENERAL INFORMATION As in agreement with the Concept Plan for the Water Distribution System, Council has purchased property at Pearson Lane and F.M. 1709 (W. Southlake Blvd.) for a water ground storage tank and pumping facility. The reason for this location is that the water ground storage tank and pumping facility have to be in the approximate area of the "transmission line" (which is the water line from the City's water source) that extends through the City of Keller to this location. Over the last two years, City Council has considered various properties for this water facility. Council originally considered the northeast corner of the "C -2" Local Retail Commercial District tract which is located at Pearson Lane and F.M. 1709 to be in compliance with the property owner's unwillingness to sell any of the property's frontage onto F.M. 1709. After a series of meetings with the Cimarron Acres residential property owners, Council approved the purchase of the entire 16.00 acre tract of land with the selected location of the facility at the west end of the property along Pearson Lane. Based upon a meeting with the neighborhood on Wednesday, July 10, 1996, alternative locations within the 16.00 acres for the tanks will be presented at the July 16, 1996 Regular City Council Meeting. The establishment of the water ground storage tank and pumping facility is critical as it is needed to provide for our fast growing Southlake customers. In order to have the facility on -line for the summer of 1997, Staff is "fast- tracking" the construction by serving as the general contractor and awarding various subcontracts. The three contracts will involve the following: • 5- million gallon water ground storage tank • pumps, controls, building and piping • fencing, landscaping and parking. The first contract for the 5- million gallon water ground storage tank is before the Council for consideration. The City advertised the bid opening on June 9 and 16, 1996. They were received, publicly opened and read on July 3, 1996 at 10:00 a.m. The City received six bids. BID TABULATION The attached bid tabulation was prepared by Cheatham and Associates. Council will note that the cost for the concrete tank included a price for an "architectural facade" which was the brick work as shown on the architectural renderings. CURTIS E. HAWK CONTRACT FOR WATER STORAGE TANK PEARSON LANE /FM 1709 JULY 12, 1996 PAGE 2 SPECIAL CONSIDERATIONS Council authorized staff to bid the storage tank as a concrete tank with an alternative as a steel tank. This was based upon preliminary estimates received by the design engineer that a concrete tank would cost approximately $1.3 million and a steel tank would be around $1.0 million. Council will notice that the bid for the concrete tank was close to the estimate, however, the steel tank bidders really cut their price in their bid. The reason for bidding both a steel and concrete tank, even with the estimated cost difference of $300,000, was that the long term maintenance on a concrete tank is less than a steel tank. In addition, a brick facade could be added to the concrete for aesthetics. However, as the bids were received, the difference of approximately $700,000 can not be recommended to Council. Staff will have cost estimates for two treatments to beautify the steel tanks. Cheatham and Associates letter of July 12, 1996 is attached. As the City's design engineers, they have analyzed the difference in initial cost and long term maintenance costs. Based upon the normal painting schedule for the steel tank, they conclude that "it may take 50 years to offset the original savings in the two tanks." FUNDING /FISCAL IMPACT In December 1994, the City issued debt in the amount of $2.5 million. This issuance was based upon an engineering estimate that was completed in April 1994 which included $75,000 for land purchase. The Water Bond (Fund 758) has paid $1,010,109 for the 16.00 acres of land. There currently is $1.5 million remaining in the fund account. Therefore, Council may award the bid for the tank. Staff will have an analysis of the remaining bond funds and recommendations for funding remaining phases of the project. RECOMMENDATION Staff recommends that the City Council award the 5- Million Gallon Ground Storage Tank and Booster Pump Station Site No.1 to Tank Builders, Inc. in the amount of $746,680.00. Please place this on the July 16, 1996 Regular City Council Agenda for Council review and consideration. 1 //� '''• BW /ls attachments: Bid Tabulation Cheatham and Associates Letter C: \WPWIN60 \WPDOCS \WATER \TANK \PEARSON. CON i o _� 0 0 00 0 v F- N N r O N 00 00 r O O O o U N. n 0 0 r 00 N N O o N a, O O O LL g .9 c EE O , H r, z Z al O O › ^v F0 O o° 0 1- 3 X a °° r- Q M a o W oo N - 0 ��e + V) za 0 0 . 00 0 0 0 0 G 1 w f0 <0 0) 01 c7 Z o 0 1- O p o 0 .. O " °O of . N N O W N 0 '''; O U F U o ° � w 0 0 z S E "� fl 7 t o m to m Q t--1.1X¢ �c) 1 � a. z O w N 0 0 0 0 0 0 0 0 °O o 0 ao m F co, o 0 0 0. y oe 0 m 00 Li 69 0 N N Cp c“; {� j o 00 ,..),„0.---_,„ o j ' X v, 0 W 0 F. m m 0 W o 0 c•-, r.n -- V m m o goN Ea OO v z Z 69 O X °xaw 0 0 0 0 0 0 0 0 0 0 0 0 b 0) N co t0 V 0 00 t0 1 0 v a I"- A 0 v N N v F w • q rg .,,, i- o ci °° iG i_U mao 0 m m h ,° m j �' 00 v I-• 5 � 0 . CL z Z n N a a � Q F •-•. W C. Co 3 —g g a. -es- ,o 0, 0' F Z 4 T rf �+r W ti ,— r O 0 °� w O ¢ y ! fn 0 I- w � z z W m W F- E Q, W 0 w ° - z W V >0z p W m < < 0 O a c °4 7� ,R U 2 -J a fI) 4 z''4 1 0 z ° < W H v, • co re O - O CO • p F Q W d Q 1 x7 , a . 10 0 < < w «- z N 0 1 W O -i , t- 9.. F 0 2 �z i F- L1 12 m .J I_ _ 0 x ° ' Cli- w 0 } H I o 520 i 0W z O CO W 1 5_, 36 ,01 '^ _J W J W O 1 n: al < < ui Q I z 1 O 0! F Z — N O ., , '9 \ 4n 69 0 Csi U- 0 n EW R § z LU 0 CO a.5 & 1- 40. 0 § eN O §� , ) 2 § \ G _ 0 2 Z o } 0 \ \ iorl / a- § \ § \ \.. u / ui z' . . . P4 \ § § \ / ] § ® 2 2 \ 0 2 ° - Z »_� t..) '9 e Q § §() & ui 7 $f i / \§ !0 \ 03 S��@§/ §a. § �i /( //} O. _ �i §\ - 77 |\ , 3 % i 2 / J •at o i § - u < g - c CO / |2 � �� \ k a 2 h 4 - • o § § z k w 0, o o w 1-« > 0| g p 2 § u < o ■ z< 0 z0 « w w CI. IX « S\ 0 0< < w c o k � L 2 2| f/ � § w o g | tu f tn g A/ ai 0 ° «2 §� z 0 CO w »'S g\ 1 LU 11 q § 7 or < ) ® I § z! | 5 o o ■ /�qk -� CHEATHAM AND ASSOCIATES July 12, 1996 Bob Whitehead, P.E. Director of Public Works City of Southlake 667 North Carroll Ave. Southlake, TX 76092 Re: Water System Improvements 5- Million Gallon Ground Storage Tank Booster Pump Station Site No. 1 Bid Tabulations & Analysis Engineer's Project No. 001 -519 Dear Mr. Whitehead : We have completed our tabulation of bids received and opened on July 3, 1996. The low bid received on this project was for the alternate bid of a welded steel tank. Tank Builders, Inc. of Euless, Texas submitted the low alternate bid of $ 746,680.00. In comparison, the base bid for a concrete tank, with architectural facade added for aesthetic value, was $ 1,451,370.00. This base bid was submitted by Preload, Inc. of Dallas, Texas. In the comparison of initial savings to the City, the alternate bid for the steel tank is $ 704,690.00 lower. In appearance, the concrete tank with an architectural facade can address aesthetic values easier than a steel tank. However, similar architectural treatments can be added to a steel tank. Other monetary considerations are the long term maintenance advantages for the concrete tank over the steel tank, when considering repainting costs. We have established the repainting cost of a steel tank to be approximately $ 200,000.00 after twelve years, for touch up primarily inside the tank, and approximately $ 300,000.00 after another twelve years, when the tank would most likely require complete repainting inside and out. The initial cost savings of the steel tank over the concrete tank ($ 704,690.00) would be eliminated by repainting maintenance costs for the steel tank within approximately 32 years, if no maintenance is required on the concrete tank. However, the concrete tank would require periodic maintenance, as well. Within ten year increments the tank would need to be dewatered, inspected, and possibly sand blasted inside and outside, to eliminate any buildups of aquatic growth inside, and replenish the uniform concrete finish on the outside. This cost would be approximately .$75,000'every ten. years. Therefore, the net cost difference in maintenance of the concrete tank, versus steel tank, over a 30 year period would be $650,000 (steel) minus $225,000 (concrete) or $425,000 over thirty years. Therefore, it may take 50 years to offset the original savings {in the two tanks. E I ENGINEERS • • PLANNERS •. SURVEYORS A Subsidiary Firm of Southwest Planning and Design, Inc. 1601 E. Lamar Blvd. • Suite 200 • Arlington, Texas 76011 817/548 -0696 • "ax 817/265 -8532 Bob Whitehead, P.E. July 12, 1996 City of Southlake Page 2 Also, in addressing maintenance repair from leaks, should a leak occur, the steel tank can be welded underwater at a moderate repair cost. In comparison, the concrete tank would require dewatering and structural review, in order to determine the scope, and source, of the leak. The repair cost and down time could be extensive to repair a concrete tank. Therefore, it is our recommendation that the City award the contract to Tank Builders, Inc. for their low alternate bid of $ 746,680.00. We also recommend that a decorative paint scheme be incorporated with the steel tank construction, and that a combination of exterior colors and shades be used to give the steel tank a better appearence. We are currently discussing this option with an architect for his recommendations, and estimated cost, to paint the exterior of the tank to resemble the concrete tank, and related brick facade. This information should be available prior to the City Council meeting of July 16. If you have any questions, please give us a call. Respectfully, Eddie Cheatham, P.E. F:\ WORD\ SOUTH LAK\519- TANKkesults.bid.wpd 5 ,y,