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.
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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
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CHEATHAM
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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
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