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1996-10-01 CITY OF SOUTHLAKE 667 NORTH CARROLL AVENUE REGULAR CITY COUNCIL MEETING OCTOBER 1, 1996 lVlINUTES COUNCILMEMBERS PRESENT: Mayor Rick Stacy; Mayor Pro Tem W. Ralph Evans; Deputy Mayor Pro Tem Pamela Muller. Members: Gary Fawks, Wayne Moffat, Scott F. Martin, and David A. Harris. CITY STAFF PRESENT: Curtis E. Hawk, City Manager; Shana Yelverton, Assistant City Manager; Kevin Hugman, Assistant to the City Manager; Lou Ann Heath, Director of Finance; Bob Whitehead, Director of Public Works; Ron Harper, City Engineer; Greg Last, Director of Community Development; Karen Gandy, Zoning Administrator; Kim Lenior, Director of Parks 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 to discuss agenda items by Council and staff. The Regular City Council meeting was called to order by Mayor Rick Stacy at 6:10 p.m. Agenda Item #2-A. Executive Session Mayor Stacy advised the audience that Council would be going into executive session pursuant to Ompter 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 6:12 p.m. Council returned to open session at 7:05 p.m. Agenda item #2-B. Action NecessarvfExecutive Session No action was taken as the result of the executive session. REGULAR CITY COUNCIL MINUTES 10/1/96 MEETING PAGE 1 OF 18 Agenda Item #3. Aporoval of the Minutes of the September 17. 1996 Meeting Motion was made and approval given to the Minutes of the September 17, 1996, Regular City Council meeting. Motion: Harris Second: Muller Ayes: Harris, Muller, Moffat, Martin, Evans, Stacy Nays: None Abstention: Fawks Approved: 6-0-1 vote Agenda Item #4-A. Mayor's Report During the Mayor's Report, Councilmember Scott Martin reported on the 40th Birthday of the City of Southlake celebration, stating he feels the committee did an excellent job. He also thanked the sponsors including: Fort Worth Star Telegran~, Albertson's Market, Kroger's Market and Pluff Incorporated. Councilmember Muller thanked the "Clown" who did the face painting (Cara White, SPIN #1). She stated a wonderful time was had by all. Mayor Stacy stated he felt the highlight of the party was when the Chamber of Commerce presented the "Tree" to Ms. Lizzie Higgins, who moved to Southlake in 1911, as the longest resident in Southlake, also, the oldest person in Southlake. Mayor Rick Stacy reported Congressman Dick Armey will be holding a "meet your district congressman" on Monday, October 7, at Texas National Bank in Southlake. The gathering will begin at 6:30 p.m. The public is invited to attend. The Mayor also announced that Senator Jane Nelson's 6th Annual 40th Birthday Party will be held on October 10, 1996 at the Austin Dude Ranch, with a VIP reception beginning at 5:30 p.m. and a Bar-B-Que Dinner from 6:00 to 8:00 p.m. There will be silent and live auctions, music, entertainment. If Council wants to attend, they should contact the City Secretary. The Mayor presented a proclamation to Carolyn Sims, proclaiming the month of October as Arts and Humanities month, adding, the Northeast Tarrant Arts Council has supported the arts and humanities in Southlake by presenting different types of music free to all the public through the Masterworks Music Series. The Mayor added, he has been asked to work with SPIN//11 in a "Meet the Mayor" evening at Johnson Elementary School beginning at 6:30 p.m. on october 14. Following the event will be a city-wide SPIN meeting with the developers of Timarron. Also, on that evening, the Park Board will meet at 7:00 p.m. The Mayor noted on October 16, 1996 at 7:00 p.m. at Johnson Elementary School, Rialto Development will present their proposed "Town Center," a 130+ acre development bordered by REGULAR CITY COUNCIL MINUTES 10/1/96 MEETING PAGE 2 OF 18 SH 114, Carroll Avenue, and Southlake Blvd. The public is invited to attend. On Tuesday, October 8, 1996, the Municipal Complex Planning Subcommittee will be meeting in the White Chapel Room at Bicentennial park. The Site/Architecture Study Group will report on _building exterior and building location. The meeting will start at 7:00 p.m. Agenda Item #4-B. City Mana~,er's Reoort Curtis Hawk, City Manager, stated the City of Southlake received word on Monday, September 30, from the Texas Department of Transportation that the Texas Transportation Commission had voted to move the State Highway 114 projects to the top of the State's priority listing for highway projects. This means that contracts will be let for the following projects in 1999: Dove Road interchange Carroll Road interchange Kimball Road interchange Service roads from Kirkwood to Dove Service roads from Carroll to Kimball Service roads from Kimball to Wall Street. These projects have a scheduled completion date of sometime in fiscal year 2000. The City Manager also announced on Sunday at noon, October 6, at the "Sun and Stars" in Dallas, dancers from Toyoma, our Sister City will perform in the park outside. The public is invited to attend. Also, on Monday at 10:00 a.m. at Carroll High School the dancers from Toyoma will perform again. This is open to the public. Councilmember David Harris stated there is a bill (HR 4840) before Congress which proposed dropping gasoline tax, and that the Federal government collects from fourteen cents to two cents. Texas is the only state paying more in than it gets out. He urged anyone who visits with Congressmen Armey to voice their concern or to write a letter to him. It is something that the people in Texas ought to get behind because it would help fund TxDot and help all of us in the long mn. Mayor Stacy commented there is no doubt that the number one challenge for the next ten to twenty years in this area is transportation and the highway system in order to move the people through the system. Mayor Pro Tem Ralph Evans stated White Chapel United Methodist Church will be celebrating their 125th Birthday on Sunday, October 6, 1996. The Mayor will be presenting a proclamation at 11:00 a.m. The public is invited to attend. Agenda Item #4-C. SPIN Report REGULAR CITY COUNCIL MINUTES 10/1/96 MEETING PAGE 3 OF 18 Wayne (and June) Haney, SPIN Representatives for SPIN #15 made the presentation tonight. Mr. Haney stated SPIN #15 is in the southwest corner of Southlake. They have experienced an increase in activities in their area. Goode Airport is the single most item of interest, and he is hearing less and less complaints from his area. The Southlake Church of Christ is a concern of SPIN #15; however, they have had meetings with the church and have some things worked out. The issues include: parking, noise, etc. Brock Drive is now completed, which was started last February. The city completed water, sewer and roadway. A developing problem in his area is the trash in the Jellico Creek Branch south to Bear Creek. Cups, paper, bottles, cans, are a large pollution problem. In closing, he thanked the Mayor for noting the city-wide SPIN meetings and also the joint Park Master Plan meeting to be held on October 2. Mr. Haney stated he feels the City of Southlake has responded in a positive way to everything the citizens have had problems with. Agenda Item #5. Consent Aeenda Mayor Stacy announced that the consent agenda consists of the following items: 5-A. Award of bid for Seal Coat Programs FY 1995-96 and FY 1996-97. Authorizing the Mayor to enter into a contract with Cheatham and Associates for professional services for engineering and design for the water mains along East Continental Blvd. and South Kimball Avenue. 5-C. Authorizing the Mayor to execute the renewal of the Interlocal Agreements for Ambulance and Fire Protection Services between the City of Southlake and Denton County. Resolution No. 96-63, a joint resolution of cooperation between the cities of Keller and Southlake, Town of Westlake, Trophy Club MUD #1 and Lake Turner MUD #1, #2, #3, to proceed with funding analysis for alternative water supply for Northeast Tarrant County Regional Water Supply. 10-A. Amendment to the Investment Policies-Depository Contracts. Motion was made to approve the consent agenda items as noted, #5-A, #5-B, #5-C, #9-A, #10-D. Motion: Evans Second: Harris Ayes: Evans, Harris, Fawks, Muller, Moffat, Martin, Stacy Nays: None Approved: 7-0 vote ADDITIONAL INFORMATION ON CONSENT ITEMS REGULAR CITY COUNCIL MINUTES 10/1/96 MEETING PAGE 4 OF 18 Award of bid for Seal Coat Program for FY 1995-96 and FY 1996-97. FY 1995-96, the main streets in the Cross Timbers area are: Ten Bar Trail, Woodbrook Lane, Lakeview Drive, Morgan Road, Kingswood Drive. The FY 1996-97 program includes: Cross Timbers, Lake Wood Acres, and Woodland Heights Addition. Staff recommends that Council authorize the Mayor to enter into a contract with Viking Construction, Inc. to micro-surface the designated streets for an amount of $136,876.40. The allocated funds are $50,000 (FY 95-96) and $103,100 (FY 96-97), for a total of $153,100. Authorizing the Mayor to execute a contract with Cheatham and Associates for engineering service for design of a water main along East Continental Blvd. and South Kimball Avenue. The City of Southlake budget for FY 96-97 includes in the Capital Improvements Projects a project in the Water Impact Fees (Fund 751), for a twelve-inch water main on East Continental Blvd. and South Kimball Avenue from Carroll Avenue to F.M. 1709. The amount budgeted for construction of this project is $360,000. Cbeatham and Associates' fee will be 8.50% of the estimated costs plus $10,750 for surveying and construction staking. The estimated total professional fee is $41,350. Authorizing the Mayor to execute the renewal of the Interlocal Agreements for Ambulance and Fire Protection Services between the City of Southlake and Denton County. The City will provide the service and the County will pay a start up fee of $1,432. There may be other collectible fees when runs are made. The effective date will be October 1996 and will extend through September 30, 1997. Resolution No. 96-63 is a joint resolution of cooperation between the Cities of Keller and Southlake, the Town of Westlake, Trophy Club Municipal Utility District No. 1, and Lake Turner Municipal Utility Districts (MUD) 1,2,3, to proceed with the funding analysis for water supply alternatives for the Northeast Tarrant County Regional Water Supply. 10-D. Amendment to the Investment Policy-Depository Contracts. The City Council directed staff to draft a policy to allow banks doing business outside Southlake to make proposals for the City's depository contract. Texas Local Government Code, Section 105.011 requires that a written policy expressly permitting the consideration of applications for outside the City be approved by the governing body. Agenda item #6. Public Forum No comments were made during the public forum. Ag¢~da Itenl g7-A. Ordinance No. 480-207. 2nd reading ZA 96-81 Ordinance No. 480-207, 2nd reading (ZA 96-81), Rezoning and Concept Plan for Southlake Woods, being approximately 73.9848 acres situated in the W.R. Eaves Survey, Abstract No. 500, being a portion of Tract 2A2; and in the T.J. Thompson Survey, Abstract No. 1502, Tracts ID, REGULAR CITY COUNCIL MINUTES 10/1/96 MEETING PAGE 5 OF 18 2, 2A, 2A2, 2A3, and 2B. Current zoning is "C-3" General Commercial District, "AG" Agricultural District and "SF-1A' Single Family Residential District, with a requested zoning of "SF20-A' Single Family Residential District. Applicant: Toll Brothers, Inc. Owners: Robert G. Goode, Pat and Eileen Sheehey, and Bernard P. Cosgrove. SPIN Neighborhood//14 and #15. Karen Gandy, Zoning Administrator, comments that forty-three (43) notices were sent to property owners within the 200' notification area and nine (9) written responses were received within the 200' notification area. A copy of the responses are included in the record in the zoning file at City hall. Public Hearing: no comments from the audience. Barry Dupree, applicant, was present to answer questions of Council. Motion was made to approve ZA 96-81, concept plan and rezoning for Southlake Woods; pursuant to the Staff Review Summary No. 4 dated September 13, 1996; granting the applicants request for the 30' set back on side streets on specified comer lots; approving the fencing exhibit as presented to staff and Council; and, adding 30' set back on Lot 4, Block 2. Motion: Martin Second: Harris Mayor Rick Stacy read the caption of the ordinance. Ayes: Martin, Harris, Evans, Fawks, Stacy Nays: Muller, Moffat Approved: 5-2 vote. Agenda item #7-B. ZA 96-80. Prelimlnarv Plat for Southlake Woods ZA 96-80, Preliminary Plat for Southlake Woods, being approximately 105.26 acres situated in the W.R. Eaves Survey, Abstract No. 500, being a portion of Tract 2A2, in the T.J. Thompson Survey, Abstract No. 1502, Tracts 1D, 2, 2A, 2A2, 2A3, and 2B; and Lots 3,4,5,6, and 7, Airpark Estates, as recorded in Volume 388-123, Page 99, P.R.T.C.T. and being proposed as Southlake Woods. Current zoning is "C-3" General Commercial District, "AG" Agricultural District and "SF-1A' Single Family Residential District. Applicant: Toll Brothers, Inc. Owners: Robert G. Goode, Pat and Eileen Sheehey, and Bernard P. Cosgrove. SPIN Neighborhood//14 and #15. The Zoning Administrator, Karen Gandy, stated the same forty-three (43) notices were sent to property owners within the 200' notification area and the responses are recorded in the zoning case file. It was noted by Ms. Gandy that the correct area is 113 acres. Barry Dupree, Toll Brother, Inc., stated at the last meeting there were concerns about traffic circulation in and around the subdivision. They have come up with suggestions, including access at F.M. 1709 and at Davis Blvd. They will do improvements to Continental Blvd. in conjunction REGULAR CITY COUNCIL MINUTES 10/1/96 MEETING PAGE 6 OF 18 with the City. He noted the primary traffic area is at the elementary school. They propose to work on West Continental Blvd. in three stages: 1) Davis Blvd. to before Country Walk with a left turn at Davis Blvd., 2) begin work the day school is closed for summer for construction in front of the school; and, 3) complete the entire roadway project. He proposed they would do the work on Continental Blvd., as the general contractor. He proposed asphalt as the maintenance is cheaper and lends itself to the lanes. They agreed to go by City specifications. With regard to the north, the will provide an easement for an emergency access easement. They proposed the project to be a five (5) year project, therefore, they have some time on the north entrance. The roadway impact fees are $160,000 between now and next October. The fees will be collected at the building permit time. Mr. Dupree stated they can complete the project 25 % less by serving as developer-contractor. Councilmember Fawks stated he appreciates the fact that the opposition has been dropped because of Toll Brothers working with the homeowners. Mr. Dupree stated drainage can be handled all on their property, adding, he is committed to working with Mr. Giffin. Jim Giffin, 3002 Briar Lane, Southlake. Mr. Giffin stated he recommends that traffic during construction of Lots 4 and 5, be completed last and construction traffic exit through Greenway Drive. Motion was made to approve ZA 96-80, Preliminary Plat of Southlake Woods Addition, pursuant to Staff Review Summary No. 4 dated September 13, 1996; granting the applicants request for a 30' set back on the side streets of the specified comers in the attached staff review letter; deleting item #8, cul-de-sac length pursuant to the revised plan submitted tonight; pursuant to Council's understanding of an agreement that the applicant will financially majorially participate in the construction of Continental Blvd.; and including the applicants effort to provide a north point of ingress/egress (at least for emergency) access as presented to Council this evening, on the northern end of Indian Paintbrush Way. Motion: Martin Second: Muller Ayes: Martin, Muller, Moffat, Fawks, Evans, Harris, Stacy Nays: None Approved: 7-0 vote Aggnd~ Item #7-C. Ordinance No. 480-217. 2nd reading (ZA 96-109L Ordinance No. 480-217, 2nd reading (ZA 96-109), rezoning and concept plan for Mesco Addition, Lots 4 thru 7, being approximately 3.788 acres situated in the Thomas Mahan Survey, Abstract No. 1049, being a portion of Tracts 3Al, 3A2, and 6A, as recorded in Volume 10336, Page 1466, D.R.T.C.T. Current zoning is "I-1 P-U-D" Light Industrial Planned Unit REGULAR CITY COUNCIL MINUTES 10/1/96 MEETING PAGE 7 OF 18 Development District, with a requested zoning of "C-2" Local Retail Commercial District. Amended request to "S-P-2" Generalized Site Plan District. Applicant: Strode Property Company. Owner: Anderson Industries, Inc. SPIN Neighborhood #6. Karen Gandy, Zoning Administrator, commented four (4) notices were sent to property owners within the 200' notification area and no written responses have been received. Ms. Gandy stated the request has been amended to "S-P-2" with all permitted "C-2" uses per the Zoning Ordinance No. 480, Section 21.2, as amended, on proposed Lots 5, 6, and 7, Block 1, and limited "C~2" and "C-l" uses per the Zoning Ordinance No. 480, Sections 21.2 and 20.2 respectively, as amended, on proposed Lot 4, Block 1, deleting some permitted uses. A copy of the memorandum from Ms. Gandy dated September 27, 1996, listing the deleted uses is hereby attached to the minutes of this meeting. Adam Richie, Strody Property Company, 10720 Preston Road, Suite 1000, Dallas, was present for the meeting to answer questions of Council. Public Hearing: Debra Edmondson, 1306 Plantation Drive, Southlake. Ms. Edmondson stated she is a member of the Planning and Zoning Commission, adding, this site has caused her particular concern with the issue of safety. On the three and one-half acres, a convenience store, and three other stores have been planned. Her concern is with the traffic at this location, especially when the race tract opens. She commented that Mesco did not do a traffic analysis. In talking with a member of the Department of Public Safety for Southlake she was given the following information with regard to accidents in that location: Kimball at SH 114 Carroll at SH 114 White Chapel at SH 114 21 accidents 10 accidents (same time period) 12 accidents (same time period) Ms. Edmondson commented she feels the uses at the corner are more intense. She asked the City Council to not approve this request. Councilmember Scott Martin stated Council did get a traffic report at this intersection. All recommendations they would have had are incorporated into this plan. The traffic analysis did not show any changes. The applicant asked Council to waive the traffic study and he would put the $5,000 into trees etc. for the site. Councilmember Wayne Moffat stated Council discussed traffic at the last meeting and this property will be on the service road when the SH 114 interchange is completed. REGULAR CITY COUNCIL MINUTES 10/1/96 MEETING PAGE 8 OF 18 According to Mr. Richie, Lot 5 will be started as soon as zoning and platting issues are complete. It will be 12-15 months before businesses will open. Councilmember Pamela Muller stated we just received word that funding has been approved for the SH114 reconstruction project. Motion was made to approve ZA 96-109, incorporating the Staff Review Summary//2 dated September 13, 1996, also allowing for the off-set of the required bufferyards between the proposed Lot 4 and 5 in the north portion of Lot 5, and allowing reconfiguration of the required bufferyards between Lots 4 and 6 in the most northerly corner of the proposed Lot 6; deleting comment #3; and limiting the uses on Lot 4, Block 1 to "S-P-2," and deleting the uses as set out on page 7C-1 and page 7C-2 of the staff report memo dated September 26, 1996; also, incorporating the applicant's agreement to substitute 3" caliber trees and 4" caliber trees along Kimball Road and SH 114. Motion: Harris Second: Martin Mayor Rick Stacy read the caption of the ordinance. Ayes: Harris, Martin, Moffat, Muller, Fawks, Evans, Stacy Nays: None Approved: 7-0 vote Aeenda Item #7-D. ZA 96-112. Revised Concept Plan- First American Savings Banc Addn. ZA 96-112, Revised Concept Plan of the proposed Lots 2,3,4, and 5, Block 1, First American Savings Banc Addition, being approximately 3.83 acres situated in the Littleberry G. Hall Survey, Abstract No. 686, and being a portion of Tract 1C3. Current zoning is "S-P-2" Generalized Site Plan. Applicant: Terry Wilkinson. Owner: First American Savings Banc, S.S.B. Shareholder's Trust. SPIN Neighborhood #10. Karen Gandy, Zoning Administrator, informed the Council that six (6) notices were sent to property owners within the 200' notification area and no written responses have been received. The applicant has met all items in Staff Review Summary No. 1 dated August 30, 1995, and Staff Review Summary No. 2 dated September 13, 1996, with the exception of those items in the Staff Review Summary No. 3 dated September 27, 1996. Terry Wilkinson, 930 Park View, Southlake. Mr. Wilkinson reviewed the comments in the staff review summaries and reviewed the changes granted at the Planning and Zoning Commission meeting. He noted the requested variances, including: Item #1- Requesting 50' right-of-way instead of 60' right-of-way Item #2- A minimum spacing. Item #3- Provide a good parking layout for commercial. Item #5- Bufferyard- in the middle of the common access easement. REGULAR CITY COUNCIL MINUTES 10/1/96 MEETING PAGE 9 OF 18 Mr. Wilkinson stated he is trying to create an office campus on this property, that is the reason for so much green area. Public Hearing: No comments received during this time. Motion was made to approve ZA 96-112, Revised Concept Plan for First American Savings Bane Addition, pursuant to Staff Review Summery No. 3, dated September 27 1996, allowing a 50' right-of-way along the proposed street; removing two of the southwest parkway spaces to increase the depth in item #2B-3 driveways along Lot 3; also, #2B-4, the driveways in Lot 4 and 5, removing three of the southeast parking spaces to increase the depth; deleting item #3 allowing a 25' building line in item #4, Keystone Court; allowing the omission of the required bufferyard and the placement of the required plantings elsewhere on the property for item #5A and #5B. Motion: Martin Second: Evans Ayes: Martin, Evans, Fawks, Muller, Moffat, Harris, Stacy Nays: None Approved: 7-0 vote A_eenda Item #7-E. ZA 96-113. Site Plan of the pronosed Lot 4. Block 1. First Amer|~an Savings Banc Addition. ZA 96-113, Site Plan of the proposed Lot 4, Block 1, First American Savings Banc Addition, being approximately 1.043 acres situated in the Littleberry G. Hall Survey, Abstract No. 686, and being a portion of Tract 1C3. Current zoning is "S-P-2" Generalized Site Plan District. Applicant: Terry Wilkinson. Owner: First American Savings Bane, S.S.B. Shareholder's Trsust. SPIN Neighborhood #10. At the request of the applicant, Terry Wilkinson, ZA 96-113, will be tabled time certain October 15, 1996, continuing the public hearing at that time. Motion: Martin Second: Harris Ayes: Martin, Harris, Evans, Fawks, Muller, Moffat, Stacy Nays: None Approved: 7-0 vote (to table). Agenda Item #7-F. ZA 96-114. Revised Preliminary Plat for Lots 2.3.4.5. Block 1. First American Savin_es Banc Addition ZA 96-114, Revised Preliminary Plat for Lots 2,3,4, and 5, Block 1, First American Savings Banc Addition, being approximately 3.83 acres in the Littleberry G. Hall Survey, Abstract No. 686, and being a portion of Tract 1C3, as recorded in Volume 10641, Page 1628 D.R.T.C.T. The plat proposes four commercial lots. Current zoning is "S-P-2" Generalized Site Plan. Applicant: Terry Wilkinson. Owner: First American Savings Banc, S.S.B., Shareholder's Tmst. SPIN REGULAR CITY COUNCIL MINUTES 10/1/96 MEETING PAGE 10 OF 18 Neighborhood # 10. At the request of the applicant, Terry Wilkinson, ZA 96-114 was tabled time certain October 15, 1996. Motion: Muller Second: Fawks Ayes: Muller, Fawks, Moffat, Martin, Harris, Evans, Stacy Nays: None Approved: 7-0 vote (to table). Agenda Item g7-G. ZA 96-117. Site Plan for Versailles Private Pool Facility ZA 96-117, Site Plan for Versailles Private Pool Facility, on property legally described as Common Area No. 1 (Community Center), Block 1, Versailles, being approximately 0.42 acres situated in the J.W. Hale Survey, Abstract No. 803. Current zoning is "PUD" Planned Unit Development District. Owner/Applicant: Versailles, Inc. SPIN Neighborhood//8. Karen Gandy, Zoning Administrator, informed the Council that four (4) notices were sent to property owners within the 200' notification area and no written responses have been received. Don Plunk, Developer, 5001 Spring Valley Road, Dallas. Mr. Plunk stated as part of the subdivision they are providing a private swimming pool in the community of 104 residential lots. Councilmember Scott Martin expressed concerns with several item shown or not shown on the plat, including: trash handling, amount of structure planned on the small site; parking, etc. After discussion, Mr. Plunk asked to have this item tabled for one month. Motion was made to table this item until the November 5, 1996, City Council meeting and continuing the public hearing at the request of the applicant. Motion: Evans Second: Muller Ayes: Evans, Muller, Moffat, Martin, Harris, Fawks, Stacy Nays: None Approved: 7-0 vote (to table) Agen0a Item #8-B. Ordinance No. 480-218.1st reading (ZA 96-115} Ordinance No. 480-218, 1st reading (ZA 96-115), Rezoning of approximately 17.082 acres situated in the J.J. Freshour Survey, Abstract No. 521, Tract 1. Current zoning is "AG" Agricultural District, with a requested zoning of "SF-1A' Single Family Residential District. Applicant: Bryant Real Estates, Inc. Owner: V.T. Cross. SPIN Neighborhood #16. REGULAR CITY COUNCIL MINUTES 10/1/96 MEETING PAGE 11 OF 18 Zoning Administrator, Karen Gandy, stated fourteen (14) notices were sent to property owners within the 200' notification area and no written responses have been received. Dean Bryant, 1025 Stratford Place, Keller. Mr. Bryant stated he is aware there is a drainage problem on Lot 8, therefore, he made the lot two and one-half acres. Motion was made to approve Ordinance No. 480-218, 1st reading. Motion: Fawks Second: Harris Mayor Rick Stacy read the caption of the Ordinance. Ayes: Fawks, Harris, Evans, Muller, Moffat, Martin, Stacy Nays: None Approved: 7-0 vote Aeenda Item #8-A. Ordinance No. 480-199. 1st reading ZA 96-53 Ordinance No. 480-199, 1st reading (ZA 96-53), Rezoning and Concept Plan for Cotton Patch Cafe, being approximately 1.10 acres situated in the John A. Freeman Survey, Abstract No. 529, being a portion of Tract 2. Current zoning is "AG" Agricultural District, with a requested zoning of "C-2" Local Retail Commercial District. Owner: Mary Frances Vandergriff. Applicant: M & P Investments. SPIN Neighborhood//8. Karen Gandy, Zoning Administrator, stated on June 4, 1996 the City Council approved (7-0) to remand ZA 96-53 back to the Planning and Zoning Commission for their June 20, 1996 meeting. Due to lack of a quorum at the June 20, 1996 meeting, this item was continued until the July 18, 1996 meeting. On August 20, 1996, City Council approved to table this item until September 17, 1996. On September 17, 1996, the City Council approved tabling this item until October 1, 1996. The applicant has met all items in the Plan Review Summary No. 1 dated May 17, 1996, and Plan Review Summary No. 2 dated May 31, 1996, with the exception of those items addressed in the Plan Review Summary No. 3 dated July 12, 1996. Due to the Conunission's reconunendation to deny, a super-majority vote (6 of 7) of the City Council will be required to approve this request. Ms. Gandy stated there are no changes since the last presentation. Larry Marshall, 905 Park View Lane, Southlake. Mr. Marshall stated the last time they were here Councilmember Harris suggested he meet with SPIN #8. Mayor Stacy stated without the meeting with SPIN //8 and without significant changes, Council might have a problem approving this item. The people would like this restaurant type use north of F.M. 1709, leaving the area south of F.M. 1709 for office use. Councilmember David Harris stated he has met with people in Woodland Heights. REGULAR CITY COUNCIL MINUTES 10/1/96 MEETING PAGE 12 OF 18 They are concerned with what will happen to the rest of the area. He suggested to Mr. Marshall that he get with other property owners on the south side of F.M. 1709. Larry Marshall stated he plans to close on the property on October 8, 1996. Mayor Stacy stated he does not want to give Mr. Marshall any false hope. He has a couple of choices: to withdraw, to have this item turned down or to table. Councilmember Pamela Muller stated it is not that the property owners in Woodland Heights do not want the restaurant, they just do not want it in that location, not knowing what will go in on the remainder of the property. She too suggested he get with the other property owners in the area and put together an acceptable plan for the area. Motion was made to deny Ordinance No. 480-199, 1st reading. Motion: Muller Second: Moffat Ayes: Muller, Moffat, Martin, Harris, Evans, Fawks, Stacy Nays: None Denied: 7-0 vote Pattie Minder, 223 Eastwood Drive, Southlake. Ms. Minder, SPIN Representative #8, stated she did not want this item to be tabled again as it upsets the neighborhood to have to come back again and again. She noted the property owners in Woodland Heights have not changed their minds about Cotton Patch Restaurant. They would like to see a plan of the whole area south of F.M. 1709 in order to get a feel for what may go in. Larry Marshall stated he will begin working with the owners on the other tracts of land in this area in an attempt to put a larger project together. Agenda item g9-B. Resolution No. 96-64. Retaining Attorneys to renresent Southlake in the GTE Franchise Fee Dispute. On the advice of the City Attomey, Resolution No. 96-64 was tabled, with regard to retaining Haynes and Boone L.L.P. and Helm, Pletcher, Bowen and Saunders, L.L.P. to represent the City of Southlake in the GTE Franchise Fee Dispute. Motion was made to table Resolution No. 96-64. Motion: Harris Second: Evans Ayes: Harris, Evans, Fawks, Muller, Moffat, Martin, Stacy REGULAR CITY COUNCIL MINUTES 10/1/96 MEETING PAGE 13 OF 18 Nays: None Approved: 7-0 vote (to table) Agenda Item #10-A. Request for Conditional Sign Permit for Dynamic Travel Bob Whitehead, Director of Public Works, presented the request for a conditional sign permit for Dynamic Travel and Cruise, 2325 East Southlake Blvd., Southlake. Mr. Whitehead stated the Sign Ordinance No. 506-A, Section 19.B.2.a. specifies that the reader board signs (manual or electronic) may only be approved as a conditional sign permit by the City Council. Section 6.A (conditional sign permi0 further explains the purpose and evaluation criteria for a Conditional Sign Permit. Currently there are twenty-one (21) reader boards within the City Limits; 6 to CISD, 5 to churches, 1 to a park and 9 to commercial developments. None of the current "Commercial" reader boards were approved by City Council under the current ordinance. The previous ordinance allowed readerboard signs under certain conditions without City Council approval. The proposed monument sign does conform to all requirements of the Sign Ordinance. Steve Cosgrow, owner, stated he is moving from his SH 114 location to the new location of F.M. 1709. He stated he applied for the conditional sign permit over two months ago. He stated he hopes to move into his new location in November 7, 1996. Councilmember Pamela Muller suggested Council place a moratorium on reader board signs until the City Council reviews the ordinance. After discussion by Council, motion was made to table item #10-A, further directing the City staff to come forward with a moratorium on reader board signs and other signs covered under the conditional sign permit aspect of the sign ordinance, giving the Council opportunity to study the ordinance before Council has to act on those types of issues in the future. Motion: Harris Second: Martin Ayes: Harris, Martin, Evans, Fawks, Stacy Nays: None Abstentions: Muller, Moffat Approved: 5-0-2 vote Agenda Item #10-C. Sale or Exchanee of City Property beine approximately 7 Acres Curtis Hawk, City Manager, stated he just received a copy of the exchange contract for approximately seven (7) acres (Tract lC01 and Tract 1C02, Abstract No. 686) adjacent to Bicentennial Park. He stated Crossroads Square Ltd. has agreed to exchange one and one-half acres of land owned by PIMA Properties, in addition to $57,000 for 1.2 acres of land, with a difference of $57,000. The attorneys have looked at the contract and there are a few minor areas in the contract that he will talk to PIMA Properties about. REGULAR CITY COUNCIL MINUTES 10/1/96 MEETING PAGE 14 OF 18 Motion was made to authorize the Mayor and City Manager to sign the contract leaving the City Attorney open to negotiations in the terms of the contract. Motion: Harris Second: Moffat Ayes: Harris, Moffat, Martin, Evans, Fawks, Muller, Stacy Nays: None Approved: 7-0 vote Agenda Item #11-A. Discussion: City Hall Site Mayor Rick Stacy stated he has tried to keep Councilmembers informed of the discussions and progress of the new Town Center site and if the City Hall might be a part of it. He stated Mr. Stebbins has worked quite hard to keep him up to date and he will also keep Council up to date. Tonight the Mayor presented a proposal from Mr. Stebbins of the property in the Town Center. Brian Stebbins, 904 Independence Park Way, Southlake. Mr. Stebbins stated he applied for zoning of the property, asking for a non-residential PUD. The draft contract before Council is meant to reflect discussions that were held today. Mr. Stebbins stated he wants to be on tract by October 14, 1996. He presented drawings of the town square and where the city hall will fit in. He does not require the City to use their architect, but a condition is that architecturally the design needs to fit in. He discussed a four story City Hall building, parking, an amphitheatre, town square and a six acre tract for a city park. A discussion was held with regard to the progress of the Municipal Complex Planning Commission and which site the committee needs to focus on at this time. Mr. Stebbins stated he made a presentation to the committee several weeks ago. Councilmember Scott Martin stated there was a meeting of the committee where the pro's and con's of each site were discussed. Mayor Stacy stated no decision as been made as of this time as to which site the city will build on. We are just getting to the point where a decision can be made in the future. Curtis Hawk stated the directors have briefly looked at the contract and they have made their list of questions to be answered. Soon staff will be able to make a recommendation to Council. Mayor Stacy pointed out that the draft contract with Stebbins, is like a letter of intent, now the blanks need to be filled in before a decision can be made. Aaenda Item #10B. FY 1996-97 Contract Obligations-Equipment-FY 1996-97 Budeet Items Curtis Hawk, City Manager, stated during the FY 1996-97 budget work sessions, the Council REGULAR CITY COUNCIL MINUTES 10/1/96 MEETING PAGE 15 OF 18 requested that City staff bring forward the equipment items that were planned to be funded through Contract Obligations. These items include a variety of equipment, such as police vehicles, computer equipment, vehicles, and lawn maintenance equipment. The obligations are a part of the debt package for January or February of 1997. The approved capital projects will be funded through issuance of debt at the same time. For the FY 1996-97 Budget items, the Council was presented two schedules during the budget work sessions that detailed a proposed two cent tax rate decrease. These schedules were included as part of the FY 1996-97 Adopted Budget as exhibit "B,' however, the reductions were not reflected in the FY 1996-97 Adopted Budget. Motion was made to authorize She expenditure of the items set out by Director Campbell in his September 18, 1996 memorandum as well as the GIS equipment and Public Works equipment as set out in Mr. Harper's memorandum dated September 25, 1996, attached to the minutes of this meeting. Motion: Harris Second: Martin Ayes: Harris, Martin, Evans, Fawks, Muller, Moffat, Stacy Nays: None Approved: 7-0 vote It was suggested that the park items be considered during the next meeting. Councilmember Fawks suggested the fencing at the ballfields be funded with SPDC funds. Agenda Item #12. Adjournment The meeting was adjourned by Mayor Rick Stacy at 12 midnight. REGULAR CITY COUNCIL MINUTES 10/1/96 MEETING PAGE 16 OF 18 ATTEST: REGULAR CITY COUNCIL MINUTES 10/1/96 MEETING PAGE 17 OF 18 AGENDA ITEM #4 -C September 17, 1996 This will be the last time I stand before you as a Standing Committee Representative. You all should have received my resignation in your packet effective today. I would like to take this opportunity to acknowledge Curtis Hawk and the fine city staff who provides immediate help and guidance not only for me but for other SPIN representatives as well. Staff is able to help on questions and problems that residents are having in regards to drainage, replacing street and stop signs, and adding the children at play signs that are seen around town and other topics. I do not wish to slight any employees, but if I could recognize one person, that would be Shana Yelverton. Mrs. Yelverton has had an open door policy to all of us since the inception of SPIN in 1993. Her assistance is of great value and she has tried to remain neutral in keeping this a citizens orientated committee as much as possible. During my last report in January of this year, I talked with Council about the deteriorating condition of Continental Blvd. I thank this Council for addressing the problem by putting Continental on the budget for 1996 -1997. Many of the residents do not use 1709 but go down Continental to Brumlow to Highway 26 to Highway 114, and the closure of Carroll and Continental caused many problems. When Bob Whitehead and Ron Harper schedule the work on Continental, please inform the residents with significant lead time, especially when the bridge will be addressed as the closure on Continental will be a major concern. There are over 400 families who live off of Continental. For SPIN 14, Larry Flynn has had numerous meetings with the residents in order to address their concerns on his proposed professional office building South of 1709, between TimberLake and Lake Crest subdivisions, and Dr. Huckabee's office. Mr. Flynn has tabled his development until November 7, 1996 meeting of P &Z. On Wednesday, September 11, 1996, SPINS 9, 12, 13, and 14 had a neighborhood meeting with 40 people in attendance in regards to an assisted care living facility proposed on the Northeast corner of 1709 and Peytonville. Last night, SPINS 9 and 14 had a neighborhood meeting with 30 people in attendance to meet Mayor Stacy and Mr. Hawk. Concerns included individual drainage problems, the condition of Continental Blvd. and its future construction, the length of downtime involving Continental and Carroll, the condition that intersection is in now, and the three corners intersecting at Whites Chapel and Continental. A mailer was sent out to residents in SPINS 10 and 14 to attend a meeting on Tuesday, August 27, 1996, to find a replacement for myself and Betty Springer. Fifteen people showed an interest by attending the meeting. David Baltimore, Laura Miklosko, Shana Yelverton and myself gave background information and explained the SPIN process. After further discussion, Al Moran and Doug McKelvey were chosen to be the Standing Committee Representatives of SPINS 10 and 14 respectively. Those are the names before you tonight. Since SPIN 14 was set up as a Neighborhood Council since its inception, two of the Council Members were in attendance that night to assure that the Council will continue. Not everyone has cable TV and access to Channel 25, so when emergencies arise, there is at least one person in each subdivision that can be contacted. I believe that Mr. McKelvey will continue with the Council, and possibly Mr. Moran will also establish a Neighborhood Council due to the interest generated from this meeting. SPIN 9 has recently established a Neighborhood Council. As more subdivisions come on line, it will be practical for other SPIN Neighborhoods to establish Councils as was intended in the Ordinance passed in 1993. Karen Cienki SPIN 14 City of Southlake, Texas AGENDA ITEM #10 -I) NOTICE OF OFFER TO SELL OR EXCHANGE LAND The City of Southlake is offering for sale or exchange a portion or all of TR 1C01 and TR 1CO2, approximately one (1) acre and six (6) acre tracts, a total of approximately seven (7) acres situated in the L.B.G. Hall Survey, Abstract No. 686, such property being located on the west side of North White Chapel Boulevard approximately 650 feet north of West Southlake Blvd., for the purpose of acquiring additional property in the vicinity of Bicentennial Park in Southlake. The City is also offering for sale or exchange all of TR 2A03A, approximately 1.22 acres situated in the Thomas Easter Survey, Abstract A-474, such property being located on the south side of East Southlake Blvd., approximately 1100 feet east of Kimball Avenue. Sealed bids will be received by the City Secretary of the City of Southlake at the Administrative Office, 1725 E. Southlake Blvd., until 10:00 a.m. local time on Thursday, September 12, 1996, and then publicly opened and read aloud at the Administrative Office Conference Room. The information for bidders and other contract documents, including the procedure by which sealed bids to purchase or offer to exchange the land may be submitted, may be obtained from the City Secretary's Office, City of Southlake Administrative Offices. The City reserves the right to waive any informalities or to reject any or all bids. City of Southlake, Texas MEMORANDUM Agenda Item #9 - September 27, 1996 TO Curtis E. Hawk, City Manager FROM: Bob Whitehead, Director of Public Works SUBJECT: Resolution 96-63 A Joint Resolution of Cooperation Between the Cities of Keller and Southlake; The Town of Westlake; Trophy Club Municipal Utility District No. 1; and Lake Turner Municipal Utility Districts (MUD) One, Two and Three, to Proceed with the Funding Analysis for Water Supply Alternatives for the Northeast Tarrant County Regional Water Supply BACKGROUND Southlake originated discussion with Fort Worth over the past two years for the need of an additional water supply and the possibility of a regional water supply concept. In April 1995, the Northeast Tarrant County Regional Water Supply Planning Report was prepared and has been used in various presentations to city councils. (See attached Figure ES -1.) Recently, the Director of Water Utilities for Fort Worth indicated that Fort Worth would be willing to maintain the transmission water mains within the regional system as the mains will also supply an additional "loop" to north Fort Worth and the racetrack. The Director requested a document to present Fort Worth City Council showing that the Northeast Tarrant County Regional Water Supply System was viable. Each one of the entities involved have talked to their councils or boards, however, no formal action has been requested. Therefore, the attached Resolution No. 96-63, which each entity is being asked to approve, is the first formal expression of each entity's desire to participate in the regional water supply system. There will be other documents for approval in the next year, such as inter -local agreements with: Trophy Club MUD No. 1 for connecting to their 21 -inch water main; Keller and Westlake for construction of a 30-inch main; Fort Worth for their "uniform" contract and maintenance agreement; and maybe others. The Resolution is an expression of the City of Southlake's intent "to continue to work cooperatively toward the completion of a regional water supply system as stated in the final report". GARY Staff requests that Resolution No. 96-63 be placed on the October 1, 1996 Regular City Council Agenda for their consideration. f l i r ' r J(.. /ls zttachments: Figure ES -1 Resolution No. 96 -63 C:1 W P W I N60I W P D O CAR FS196-06 ). M FM ■ Alan Plummer and Associates. Incr. 0 N.E. Tarrant County Water Supply Plan Project Improvements through the Year 2030 Roanoke Trophy dp,C Club 8.45 MGO 3.50 MGO 4'/• J z4, 6.35 MGO f 7.00 MGO a -- ' 0 6.45 MGO �..' 5 hAG° Westlake c...-4 Ft. Worth i�� o - i f A b' K, f7 ,I NOR f 21' Vi _ r+ —1-1 04 54• 54• (20101 i 9.86 MGO TAW CAYLOR Southlake i! TANK 6 Keller ; i ii o 8.00 MGO M j ! 4.50 MG 8.44 10 iI 10.97 WO PEARSON i 1 TANG i i 30• f24�7 7 3 6 • I [t ii r._.l i i N. BEACH -- ' i TANK i i g i Legend Transmission l Lines Existing Participants — Existing R. Worth Year 1997 Improvements Year 20001mprowaMnts Figure ES-1 - -- Year 2006 Wprovements •...-- Year 2010 improvements • Hotel t ooatlon and sizes shown for ors proposed Actud flags locations to .. determined *ring detailed design. City of Southlake, Texas Agenda Item #10 -B MEMORANDUM September 18, 1996 TO: Lou Ann Heath, Director of Finance FROM: Billy Campbell, Director of Public Safety SUBJECT: Capital Purchasing I understand the process of which the Council has imposed upon us for capital item purchases. If I may, I would like to comment on various items listed on your Items Funded Through Contract Obligations list concerning the time sequence of purchases. Of the items listed, I am concerned with the vehicles, the Self Contained Breathing Apparatus, Life Packs, Automatic External Defibrilators and the vehicle in Fire Services. I feel that the Self Contained Breathing Apparatus is a safety issue that I would like to address as quickly as possible. There will be a three to four week delivery which would give us approximately one month from the time we order before they would demand payment. From financial standpoint, if possible, I would like a fairly immediate go -ahead with the purchasing of the Life Packs and the two Automatic External Defibrilators. We have a deal working with the vendor where with the combined purchase, they will take back one of the units that we purchased last year and replace it with a new one, and then give us a price break that would basically save us the cost of one of the Defibrilators. The delivery date on those items are 30 -60 days. In Police Services there were five vehicles budgeted. I would like to express the need for ordering four of those vehicles as rapidly as possible, the two police Camaros and the two Explorers. The fifth unit can be purchased later in the year when additional personnel come on board. Both the Camaros and the Explorers will require lead time to equip them for duty. This will cause approximately ten vendors to be involved in the equipping of the vehicles. Receiving these vehicles, equipping them and placing them into service will automatically release some other vehicles to go to their intended areas, thus freeing up equipment to be utilized as they are intended. Delivery time on the police vehicles is two weeks to 60 days. In Fire Services, the fire vehicle is a necessary piece of equipment. Upon delivery, we will be moving the existing piece of equipment that will need to be refitted. somewhat and given to Support Services, at which time we will be able to engage in some other projects that we have funded. Other items on the list, while important, can be purchased when funds are available without seriously impacting either service or the implementation of programs. I am available if you have any comments or questions. BC/bls City of Southlake, Texas MEMORANDUM September 25, 1996 TO: LouAnn Heath, Director of Finance FROM: Ron Harper, City Engineer SUBJECT: GIS and Engineering Computer Expenditures - Fiscal Year 1996/1997 We would like authorization to expend funds approved in the 96/97 Budget and covered in the "Contract Obligation" bond issue. These funds relate to the continuation of the GIS program and the design of several in -house projects in conjunction with the public works facility on Continental Boulevard. GIS - The GIS program has been such a success that we have exceeded our schedule and have begun providing services to a variety of departments including Community Development, Finance, Public Safety, and Economic Development. We are at a stage in the development of this program that in order to do new tasks on the system we continually need to remove data on the hard drive. We would like authorization to purchase the hard drive and system upgrades as shown in the budget. This would result in an expenditure of $5,100 (Disk Space - $1,600, Memory Upgrade for Sun Work Station - $3,200, Memory Upgrade for Plotter - $300). Engineering Design - We are in the process of performing several design projects in -house rather than contracting with an outside consulting firm. In order to properly perform these designs and to produce the proper plans we have requested and have had approved the purchase of an AutoCAD system. In conjunction with the purchase of this software we had planned on the purchase of a computer capable of operating the software. We would like authorization to purchase the computer required for the operation of the AutoCAD software. This purchase will be approximately $4,300. The remaining purchases covered by the "Contract Obligation" bond issue can be defered for a short perio4 •f time so that Council can further deliberate. isp gr c:\wpwIN60\WPDOCS\GIS\BUD9697.WPD City of Southlake, Texas MEMORANDUM September 25, 1996 TO: LouAnn Heath, Director of Finance FROM: Ron Harper, City Engineer SUBJECT: Building Inspection and Street Department Expenditures - Fiscal Year 1996/1997 We would like authorization to expend funds approved in the 96/97 Budget and covered in the "Contract Obligation" bond issue. These funds relate to support equipment for the newly authorized building inspector and the need to purchase vehicular equipment for the street department. Both of these items (pickup truck and dump truck) are typically ordered through HGAC and may have lengthy lead times. Building Inspection - The adopted budget made provisions for a new building inspector. We need to provide this inspector with a vehicle and accessories. This item was covered in the Contract Obligation list in the amount of $23,000. Streets and Drainage - We had requested a new dump truck in the 96/97 budget. While we probably do not need this vehicle until the second quarter, the lead time for vehicles of this type is usually lengthy. We would like authorization to order this vehicle at this time so that we can have it on line at the beginning of the second quarter The remaining purchases covered by the "Contract Obligation" bond issue can be deferred for a ( short period of time so that Council can further deliberate. „,.......,;,.„, ' H/r c:\WPWIN60\WPDOCS\GIS\BUD9697A.WPD 1 I i