1996-11-05 CITY OF SOUTHLAKE
667 NORTH CARROLL AVENUE
REGULAR CITY COUNCIL MEETING
NOVEMBER 5, 1996
MINUTES
COUNCH.MEMBERS PRESENT: Mayor Rick Stacy; Mayor Pro Tem W. Ralph Evans;
Deputy Mayor Pro Tem Pamela Muller. Members: Gary Fawks, Wayne Moffat, Scott 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; Billy Campbell, Director of
Public Safety; Kim Lenior, Director of Parks and Recreation; 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 6:05 p.m.
Agenda Item/f2-A. Executive Session
Mayor 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 litigation 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 6:10 p.m.
Council returned to open session at 7:15 p.m.
Aeenda Item #2-B. Action Necessar~vfExecutive Session
No action was taken as the result of the executive session.
Aeenda Item #3. Approval of the Minutes of the October 15. 1996 Meetine
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The Minutes of the Regular City Council meeting held on October 15, 1996, were approved as
presented.
Motion: Fawks
Second: Muller
Ayes: Fawks, Muller, Moffat, Martin, Harris, Evans, Stacy
Nays: None
Approved: 7-0 vote
Agenda Item #4-A. Mayor's Report
Mayor Stacy introduced members of the Scorpion Weblo Den from Pack #928 in Southlake,
during the Mayor's Report. The leader of the Weblo Den is Troy Vinson, who noted the boys
are presently working on a merit badge.
Mayor Stacy reported that Chairman of the Planning and Zoning Commission, Joe Wright, is
currently in HEB Hospital, as he was going through testing and it became necessary for him to
have surgery on his heart. We wish him well.
Councilmember Scott Martin acknowledged the work of the Public Works staff and
the contractors with the reconstruction and resurfacing of Dove Road, noting they
also cleaned out bar-ditches and added guard mils in places. He commended them
for a job well done.
Agenda Item #4-B. City Manaeer's Report
No comments were made during the City Manager's Report.
Agenda item #4-C. SPIN Report
Katie Holtzgraefe, Youth SPIN Representative, made the report tonight and stated the group
worked with Habitat for Humanity as a service project on October 5, 1996. They are working
on a volunteer project for Christmas and their next meeting will be held on November 13, 1996,
at Bicentennial Park.
Agenda Item #5. Consent Agenda
Mayor Stacy stated the consent agenda consists of the following items:
5-A. ZA 96-129, Plat Vacation of property legally described as Lots 1,2, and 3, Spring Creek
Acres.
5-B. Authorize to bid for replacement fences at Bicentennial Park.
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5-C. Inteflocal Agreement between the City of Southlake and Denton County for Purchasing.
5-D. Amendment to the Participation Agreement between the City and TexPool.
5-E. Community Service Agreement with KSB.
5-F. Community Service Agreement with G.R.A.C.E.
5-G. Community Service Agreement with Lake Cities Community Band.
5-H. Authorize the Mayor to execute a Professional Services Agreement with LeBlane and
Associates, Inc. for software development for the Community Development Department.
5-I. Agreements with TxDot for a signal at Village Center and F.M. 1709.
54. Authorization to seek bids for a fuel station at the new Public Works Center.
8-D. Resolution No. 96-68, GTE Settlement and Release.
Motion was made to approve the consent agenda including items: #5-A, #5-B, #5-C, #5-D, #5-E,
#5-F, #5-G, #5-H, #54, and #8-D, as presented, removing item #5-I, from consent.
Motion: Harris
Second: Evans
Ayes: Harris, Evans, Fawks, Muller, Moffat, Martin, Stacy
Nays: None
Approved: 7-0 vote
ADDITIONAL INFORMATION ON CONSENT ITEMS
ZA 96-129, Plat Vacation of Lots 1,2, and 3, Spring Creek Acres, being approximately
6.947 acres situated in the Obediah W. Knight Survey, Abstract No. 899, as recorded in
Volume 388-202, Page 74, P.R.T.C.T. Location: Qrl Pine Court East. being,
approximately 230' east of the intersection of Pine Court East and Pine Drive. This plat
must be vacated prior to the filing of the Final Plat for Timarron Village "I' Phase 1.
Authorization to bid replacement fences at Bicentennial Park. The chain link fencing on
the older ballfields at Bicentennial Park need to be replaced. Since the cost is estimated
to exceed $15,000, the City must publicly bid the project and have City Council authorize
the purchase of the fencing and installation.
Denton County Cooperative Purchasing Agreement for 1996-97 fiscal year that Denton
County offers to governmental entities within the county. The contract allows the entities
to take advantage of cost benefits associated with large volume purchases. All contracts
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5-(}.
5-I
54.
follow State law regarding bidding procedure and due to the volume of purchases,
Southlake can benefit with considerable cost savings by participating in this agreement.
On September 1, 1996, the State Treasury was merged with the Comptroller of Public
Accounts. TexPool, a local government investment pool, was operated by the State
Treasury. As a result of the merger, Comptroller John Sharp is requiring an amendment
to the City's TexPool Participation Agreement initially approved by Council in November
1992. Changes include: the management fee is to be reduced from 9 basis points to 8
basis points. The amendment reflects the statutory references changed recently in the
Public Funds Investment Act, plus the September 1 dissolution of the State Treasury.
The amendment removed the TexPool operating procedures from the Participation
Agreement and documents them separately, which will allow for an update without
requiring governing body approval. The Participation Agreement may be modified and
will take effect 45 days after notification, however, the City retains a 30-day right to
terminate the Agreement. TexPool is rated as a AAA market fund by Standard and
Poor's. As of September 30, 1996, the book value of the fund was $4.38 billion, with a
weighted average maturity of 10 days and monthly average yield of 5.23%. Southlake
currently has approximately $4.2 million in TexPool, which is about 28% of our total
portfolio. The balance of our portfolio is in direct Treasury or agency securities.
The Community Service Agreement with Keep Southlake Beautiful allows the city to fund
Keep Southlake Beautiful the approved amount of $3,000 for rendering of certain
community services.
The Community Service Agreement with G.R.A.C.E. allows the City to fund the
approved amount of $7,500 for certain community services.
The Community Service Agreement with Lake Cities Community Band allows the city to
fund the approved amount of $4,000 for certain community services.
The Professional Services Agreement with LeBlanc & Associates for Software
Development for the Community Development Department. At the 1995 mid-year retreat,
the City Council authorized $25,000 in additional budget expenditures for the development
of a database system to manage the growing volumes of case information processed by the
Community Development Department.
Item #5-I, off consent agenda.
Authorize the City Manager to advertise and receive bids for a fueling station at the Public
Works Center; to include above ground concrete encased fuel tanks, pumps, piping,
electrical, canopy and reinforced concrete parking pad. The fueling facility will consist
of a 12,000 gallon, three compartment concrete encased, above ground fuel tank. The
compartments will hold diesel and two grades of unleaded gasoline. The pumps, piping,
REGULAR CITY COUNCIL MINUTES OF 11/05/96 MEETING PAGE 4
concrete surface with spill containment and a lighted canopy will be constituents of the
proposed project. The fueling facility is designed to allow for the alternative fuel,
propane, which the City will use in our vehicles. Also it is designed to provide for
additional fuel tanks for Carroll Independent School District to fuel buses as we implement
a joint use facility.
Resolution No. 96-68, authorizes the Mayor to execute a settlement agreement and release
of all claims with GTE Southwest Incorporated, relating to the settlement of the cases
styled GTE Southwest Incorporated vs. City of Denton, et. al. and City of Rusk, et. al,
vs. GTE Southwest Inc, and the City of Denton et. al. Complaint against GTE Southwest
Incorporated before the Public Utility Commission; and providing an effective date.
Agenda Item #5-I. New Traffic Signal and Pavement Markings within the ROW of F.M.
1709 at Village Center Drive.
This item was taken off consent at the request of a citizen, Mike Schroetke. Staff recommends
authorizing the City Manager to enter into an agreement between the State of Texas and the City
of Southlake for the installation of a new traffic signal and pavement markings within the right-of-
way of F.M. 1709 at Village Center Drive.
Mike Schroetke, 211 Eastwood Drive, Southlake. Mr. Schroetke stated he has three (3) concerns
with the light at Village Center and F.M. 1709, 1) the name of the street, "Village Center Drive"
adding, it is not what the City had in mind; 2) the necessity of the light at all. The more lights,
the mom problems; and 3) the safety issue of using the center lane as a traffic lane (stripping or
lack of stripping). Mr. Schroetke stated there will be bigger issues with more development of the
corridor center. He stated he had definite safety concerns.
Councilmember Martin stated he is interested in previous discussions on the timing
of the light.
Ron Harper, City Engineer, stated the light will not be turned on until the traffic
counts warrant the light. The responsibility falls on the developer and the State.
The situation will be monitored by all parties involved. At this time the light will
be a flashing yellow light.
Councilmember Muller suggested we may need to plan for medians up and down
F.M. 1709. The City Manager, Curtis Hawk, stated both Councilmember Muller
and Evans were on the Council when this issue was discussed. Hawk stated he
feels the problems will become worse, not better. The issue was brought before
the City Council with regards to the potential problems with the location of the
traffic signals.
Ron Harper, City Engineer, stated if we don't act on this issue tonight, the lights
REGULAR CITY COUNCIL MINUTES OF 11/05/96 MEETING PAGE 5
will not get installed. He informed Council of the discussions that took place
between the State, Developer, City and Council with the lights at Village Center
and F.M. 1709.
Motion was made to approve an agreement with TxDot for a signal at Village Center and F.M.
1709.
Motion: Harris
Second: Martin
Ayes: Harris, Martin, Evans, Fawks, Stacy
Nays: Moffat, Muller
Approved: 5-2 vote
Agenda Item #6. Public Forum
No comments were made during the public forum.
Agenda Item g7-A. Ordinance No. 480-212.2nd rcadine ZA 96-96
Ordinance No. 480~212, 2nd reading, (ZA 96-96), Rezoning and Site Plan for proposed Lots 5R6,
Block 3, Cimmarron Acres Addition, being a portion of Lot 5, Block 3, Cimmarron Acres
Addition, as recorded in Volume 388-181, Page 8, P.R.T.C.T. Abstract No. 18. Current zoning
is "C-2" Local Retail Commercial District, with a requested zoning of "CS" Community Service
District. Owners/Applicants: City of Southlake. SPIN Neighborhood #16.
According to the memorandum presented by Zoning Administrator, Karen Gandy, eight (8)
notices were sent to property owners within the 200' notification area and no written responses
were received.
The public hearing resulted with no comments from the audience.
Motion was made to approve Ordinance No. 480-212, 2nd reading; pursuant to the Staff Review
Summary No. 3 dated October 11, 1996, waiving items 1, 2, and 3.
Motion: Martin
Second: Harris
Mayor Rick Stacy read the caption of the ordinance.
Ayes: Martin, Harris, Evans, Fawks, Muller, Moffat, Stacy
Nays: None
Approved: 7-0 vote
Agenda Item g7-B. Ordinance No. 480-213.2nd readine CZA 96-97)
Ordinance No. 480-213, 2nd reading (ZA 96-97), Rezoning of proposed Lots 5R1, 5R2, 5R3,
5R4, 5R5, and 6R1, Block 3, Cimmarron Acres Addition, being a portion of Lots 5 and 6 Block
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3, Cimmarron Acres Addition, as recorded in Volume 388-181, Page 8, P.R.T.C.T. and being
approximately 7.039 acres situated in the Jesse G. Allen Survey, Abstract No. 18. Current zoning
is "C-2" Local Retail Commercial District, with a requested zoning of "SF~IA' Single Family
Residential District. Owners/Applicants: City of Southlake. SPIN Neighborhood//16.
The public hearing resulted with no comments from the audience.
Motion was made to approve Ordinance No. 480-213, 2nd reading.
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 g'/-C. ZA 96-134. Concept Plan of the Village at Timarron
ZA 96-134, Concept Plan of the Village at Timarron, being legally described as being Lot 1C2
and a portion of Lots lB2 and 1A2A, Block 1, Dilg Place Addition, being approximately 7.627
acres situated in the Obehiah W. Knight Survey, Abstract No. 899. Current zoning is "P-U-D"
Planned Unit Development District being P.U.D. No. 1 Timarron. Applicant: Drews Realty
Group. Owner: Timarron Land Corporation. SPIN Neighborhood//9.
Karen Gandy, Zoning Administrator, commented that nine (9) notices were sent to property
owners within the 200' notification area and one (1) response was received from outside the 200'
notification area from Tom Miller, Diamond Ltd., 4217 Greenbrier Drive, Dallas, in favor.
John Drews, Harvest Hill Road, Dallas. Mr. Drews stated they plan to develop this property in
phases. Phase I being buildings 1,2,3, and 4. He stated they have no problem with a 30"
easement, but they do not want it considered as bufferyard "C". Mr. Drews stated they are
tightly architecturally controlled with Timarron. He added they are trying to plan for alot of
pedestrian movement in the plan.
Councilmember Fawks stated the impervious coverage on this project is 70%.
The public hearing resulted with no comments from the audience.
Motion was made to approve ZA 96-134, subject to the Staff Review Summary No. 2 dated
November 1, 1996; deferring discussions on all internal bufferyards to the site plan phase of the
development; deleting allowable spacing and approving as shown item //4B; approving the
parking and throat depths as submitted in item//4-C; deleting the requirement for a traffic impact
analysis; changing the ingress-egress onto Southlake Blvd. to a full in right out only; and
changing the 30' landscape type "C' buffer to a 5" landscape type "C' buffer with 25'
REGULAR CITY COUNCIL MINUTES OF 11/05/96 MEETING PAGE 7
additional landscape provided by the developer; and requiring a common access easement into the
adjoining property to the east at the northeast comer to line up with the existing driveway per code
width requirements; and to a required type "C' bufferyard along Byron Nelson Parkway.
Motion: Martin
Second: Evans
Ayes: Martin, Evans, Fawks, Muller, Moffat, Harris, Stacy
Nays: None
Approved: 7-0 vote.
Agenda Item #7-D. ZA 96-135. Revised Preliminary Plat of the nr01;}osed Lots 2.3,4, Block
6, Thnarr0n Addition. Phase 5.
ZA 96-135, Revised Preliminary Plat of the proposed Lots 2,3, and 4, Block 6, Timarmn
Addition, Phase 5, being legally described as being Lot 1C2 and a portion of Lots lB2 and 1A2A,
Block 1, Dilg Place Addition, being approximately 7.627 acres situated in the Obediah W. Knight
Survey, Abstract No. 899. Current zoning is "P.U.D.' Planned Unit Development District,
being P.U.D. No. 1 Timarron. Owner and Applicant: Timarron Land Corporation. SPIN
Neighborhood//9.
Karen Gandy, Zoning Administrator, commented that nine (9) notices were sent to property
owners within the 200' notification area and one (1) response was received outside the 200'
notification area from Tom Miller, Diamond Ltd., 4217 Greenbrier Dr., Dallas, in favor.
Todd Jensen, Carter & Burgess, 7950 Elmbrook Drive, Dallas. Mr. Jensen stated he had no
problem with the staff review summary.
Motion was made to approve ZA 96-135, deferring staff comments//3 and #5-A, of the Plat
Review Summary #1, dated October 11, 1996, and incorporating the plat review summary for all
purposes and adding the provision that they add the common access easement on the northeast
comer to align with the existing driveway.
Motion: Harris
Second: Muller
Ayes: Harris, Muller, Moffat, Martin, Evans, Fawks, Stacy
Nays: None
Approved: 7-0 vote
Agenda Item #2-A, Continued (Executive Sessionl
Mayor Stacy advised the audience that Council would be returning to executive session pursuant
to Chapter 551 of the Texas Government Code, Section 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
REGULAR CITY COUNCIL MINUTES OF 11/05/96 MEETING PAGE 8
specific occasions for implementation of security personnel or devises.
Council adjourned to executive session at 9:45 p.m.
Council returned to the council table at 10:25 p.m.
Agenda Item #2-B. Continued (Action Necessary~
No action was taken as the result of the executive session.
Agenda Item/f'/-E. ZA 96-121. Site Plan for the Southlake Center at Kimball
ZA 96-121, Site Plan for the Southlake Center at Kimball, being approximately 1.7136 hcres,
being a portion of Tract 2A4 in the Thomas Easter Survey, Abstract No. 474, a portion of tracts
2C and 2B in the G.W. Main Survey, Abstract No. 1098, and a portion of Tract 3Al, 3B1, and
6 in the Samuel Freeman Survey, Abstract No. 525. Current zoning is "C-3" General
Commercial District. Owner/Applicant: Southlake Kimball Venture Ltd. SPIN Neighborhood
//7.
Karen Gandy, Zoning Administrator, commented that eight (8) notices were sent to property
owners within the 200' notification area and one (1) response was received from Janice Miller,
165 South Kimball Avenue, Southlake, in favor.
On October 15, 1996, the City Council approved (7-0) the applicant's request to table the request
until the November 5, 1996 City Council meeting and to continue the public hearing.
Randy Perry, general partner, Southlake Kimball Venture, 1300 North Central Expressway,
Dallas. Mr. Perry stated they have met the requirement of the front and side yard landscaping.
They have added landscape medians in the driveways. The articulation was off by one foot on
the east and west ends of the building; that has been corrected by three to four feet. They are
requesting to get a variance on the armlation on the south wall of the building.
The public hearing resulted with no comments from the audience.
Motion was made to approve ZA 96-121, incorporating the Staff Review Summary No. 4, dated
November 1, 1996; deleting item #2 of the comments; and further deleting landscape islands at
the rear of the building with the applicant shifting the rear back area as shown on the last plan;
allowing the flexibility in the location on the front two islands to accommodate the trees; and to
allow staff to review the need for irrigation in the tree areas.
Motion: Harris
Second: Evans
Ayes: Harris, Evans, Fawks, Muller, Moffat, Martin, Stacy
Nays: None
Approved: 7-0 vote
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Agenda Item gT-F~. 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 "P-U-D" Planned Unit
Development District. Owner/Applicant: Versailles, Inc. SPIN Neighborhood #8.
Karen Gandy, Zoning Administrator, commented that four (4) notices were sent to property
owners within the 200' notification area and no written responses have been received. On October
1, 1996, the City Council approved to table and to continue the public hearing on November 5,
1996. The applicant has met all items in Staff Review Summary No. 1 dated September 13, 1996,
and Staff Review Summary No. 2 dated September 27, 1996, with the exception of those items
in the attached Staff Review Summary No. 3 dated November 1, 1996.
John Dickerson, 8333 Douglas Road, Dallas. Mr. Dickerson was present representing Versailles
Inc., adding, he is the developer of Versailles, Inc. and noted their goal from the onset was a
small addition with a community pool. They dedicated a five acre park next to Continental Blvd.
at the southern end of the Versailles community. They have seven (7) custom builders ready to
build in the community.
The public hearing resulted with no comments from the audience.
Motion was made to approve ZA 96-117, subject to the Staff Review Summary No. 3 dated
November 1, 1996; deleting items #l-A, #I-B, #2, #3, #4, and #5.
Motion: Moffat
Second: Harris
Ayes: Moffat, Evans, Harris, Stacy
Nays: Martin, Muller, Fawks
Approved: 4-3 vote
Agenda Item/fl-G, Resolution No. 96-51 (ZA 96-7B SUP for Outside Storage
Resolution No. 96~51, (ZA 96-71), Specific Use Permit for outside storage for Great Outdoor
Landscape, being legally described as Lot 3, Block A, Hart Industrial Park, and being
approximately 0.998 acres sitauted in the John A. Gibson Survey, Abstract No. 591. Owners:
Joseph Hart. Applicant: Scott and Carol Malone. SPIN Neighborhood #7.
Motion was made to table Resolution No. 96-51, at the request of the applicant, time certain
December 3, 1996, with the applicant being aware that this is the last time the City will table his
request.
Motion: Harris
Second: Martin
Ayes: Harris, Martin, Evans, Fawks, Muller, Moffat, Stacy
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Nays: None
Approved: 7-0 vote (to table)
Agenda Item #8-A. Ordinance No. 643. 1st reading. Door to Door Solicitation
Curtis Hawk, City Manager, informed Council that this ordinance was brought forth because of
citizen complaints and comments, adding, the current ordinance is outdated and required several
administrative changes to mirror State statutes and current city practices, including allowing for
denial of a permit for specific reasons. We are trying to be proactive in regards to a potential
solicitation problem when the Texas International Raceway opens. It is not unrealistic to believe
that on race days, there could be solicitors lined up along SH 114 trying to sell merchandise and
other wares. This can easily exacerbate traffic problems, not to mention the potential proliferation
of unlicensed vendors. Mr. Hawk sta~.xi the issues discussed in work session are still there. Are
we going to require regulations, if we do it at all, we need to do it for everyone. He asked what
direction Council wants to go with this issue.
Councilmember Harris stated he feels we need to have an ordinance in place and
that we need to enforce the ordinance equally.
The City Attorney will look at the ordinance prior to the second reading with regards to selective
enforcement and other issues brought up by the City Council.
Motion was made to approve Ordinance No. 643, 1st reading, subject to page 8A-5; suggested
changes.
Motion: Harris
Second: Martin
Mayor Stacy read the caption of the ordinance.
Ayes: Harris, Martin, Evans, Fawks, Muller, Stacy
Nays: Moffat
Approved: 6-1 vote
Agenda Item #8-B. Ordinance No. 645~ 1st reading? Regulation of the Distribution of
Handbills
Curtis Hawk, City Manger, stated this ordinance merely serves to allow the City to control the
distribution of handbills when a problem occurs. As with the solicitation ordinance, we will take
action only if a complaint arises, but having an ordinance in place gives us this ability. He noted
there is no fee attached in registering under this ordinance. The ordinance serves as a tool to
document the distribution of handbills and to provide recourse in the event of misuse by the
distributor.
City Attorney, Wayne Olson, stated he expressed some of his concerns earlier and
will look into it further prior to second reading.
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Motion was made to approve Ordinance No. 645, 1st reading, with the provision on page 8B-5,
Section 9(c) that a period be inserted after the word "handbill' and the balance of that clause be
stricken and the ordinance be approved in all other respects.
Motion: Harris
Second: Martin
Ayes: Harris, Fawks, Muller, Martin, Stacy
Nays: Moffat, Evans
Approved: 5-2 vote
Agenda Item #8~C. Ordinance No. 667. 1st readine GTE Franchise
Curtis Hawk, City Manager, stated Ordinance No. 667, 1st reading, GTE Franchise Ordinance,
will become our new franchise agreement for a five-year period. The only unresolved matter for
City Council to consider is the access line fee to be charged each residential and business
customer. City Council can set any amount up to $i7.00 per year for residential and $24.00 per
year for business.
Council asked the Director of Finance, Lou Ann Heath, to check with other cities
to see what fee they requiring prior to the second reading.
Motion was made to approve Ordinance No. 667, 1st reading.
Motion: Fawks
Second: Evans
Mayor Rick Stacy read the caption of the ordinance.
Ayes: Fawks, Evans, Muller, Moffat, Martin, Harris, Stacy
Nays: None
Approved: 7-0 vote
Agenda Item #10-A. Prioritization of Council Pro_iects Requests
Curtis Hawk, City Manager, stated staff included the matrix of the City Council's priority listing
scores with a list of frequencies. Staff has also attached the ordinance request forms from the City
Manager's office which were omitted from the packet of information sent last week, plus the
priority rankings of the City Manager's office projects. Mr. Hawk stated staff needs a feel from
Council, or a consensus on the record as to which of these items need to be brought forward first.
Councilmember Gary Fawks suggested the City Council set up a temporary (1
year) planning commission to start going through these items.
Greg Last stated it was his understanding the reason Council went through this
process is so staff will have clear direction which items to start first.
REGULAR CITY COUNCIL MINUTES OF 11/05/96 MEETING PAGE 12
Curtis Hawk, City Manager, suggested staff look at all the issues and bring back
the top items in the next couple of weeks.
Agenda Item #10-B. Developer Am'cement for F.M. 1709/Shady Oaks Addition
Ron Harper, City Engineer, presented the Developer Agreement for the F.M. 1709/Shady Oaks
Addition, stating the commercial developer agreement for 1709 Southlake Oaks Addition, Lot 1,
Block 1, is presented to Council. The usual requirements for performance bonds, letters of credit
or cash escrow, and indemnification are incorporated in the agreement.
Mr. Harper stated there is one provision that requires Council attention. This developer originally
intended to connect to sanitary sewer by boring under F.M. 1709 adjacent to the entrance to
Lakecrest and installing a sewer line into a manhole in the Lakecrest Addition. Staff has requested
and the developer has agreed, to construct the bore adjacent to the entrance to Bicentennial Park
and to construct the line along the east property line of Lakecrest (west property line of the
Reutlinger Addition) to a stub at Caddo Lake Drive. In consideration of this relocation, the
developer has agreed to:
pay for the engineering cost for the extension to Caddo Lake Drive,
pay for 1/3 the cost of the bore (with the City paying 2/3 the cost),
pay for the construction of the line to Caddo Lake Drive with funds provided by the City.
Mr. Harper noted the City's current Capital Improvement Program includes funds for this
construction. The second provision is under Section IV (Other Issues), Paragraph C (Park Fees);
the Developer agrees to pay for Park Fees in the amount of $1,150.00 for 2.3 acres at $500 per
acre/lot.
Motion was made to approve the Developer Agreement for F.M. 1709/Shady Oaks Addition, with
the caveat written into the agreement stating that we have a 120 day period in which to achieve
the utility easement acquisition or the location of the sewer line and the subsequent city
participation will revert back to the original documents and the developer will absorb the cost of
the bore.
Motion: Martin
Second: Harris
Ayes: Martin, Harris, Evans, Fawks, Muller, Moffat, Stacy
Nays: None
Approved: 7-0 vote
Agendg Item #10-C. Policy for Rehnbursement of Council E _xpenses.
The Policy for Reimbursement of Council Expenses pursuant to the Southlake Home Rule
Charter, Section 2.05, was not discussed tonight, but will be brought back to the first meeting in
December.
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Agenda Item #10-D. Rialto Letter of Intent
This item was not discussed during this meeting.
Agenda Item #11-A. Ordinance No. 666, Raisine the Speed Limit on F.M. 1938
This item was not discussed during this meeting.
Agenda Item #11-B. Discussion: Preliminary Rehabilitation Alternative- Continental Park
Curtis Hawk, City Manager, suggested he work with City Council on an individual basis with
regard to the Continental Park Estates Dam issue. A copy of the memorandum from Bob
Whitehead, Director of Public Works, is attached to the minutes of this meeting.
.Agenda Item #11-C. Discussion: Results of Trial Groutine at Utility Trenches
Curtis Hawk, City Manager, suggested he work with City Council members on an individual basis
with regard to the Results of Trial Grouting at Utility Trenches Report prepared by Wiss, Janney,
Elstner Associates, Inc. A copy of the memorandum from Bob Whitehead, Director of Public
Works, is attached to the minutes of this meeting.
Aeenda Item #11-D. Discussion: Pavement Reconstruction in Diamond Circle Estates
Curtis Hawk, City Manager, stated an item will be on the next agenda to approve a Professional
Services Agreement with an engineer to start the process on pavement reconstruction in Diamond
Circle Estates. A copy of the memorandum from Bob Whitehead, Director of Public Works, is
attached to the minutes of this meeting.
Agenda Item #11-E. Lone Star Gas Rate Increase
Curtis Hawk, City Manager, stated the City Attorney's office has researched the options available
to the City with respect to Lone Star Gas request for an increase in the gate rate. As the request
is for a gate rate increase, not a retail gas rate increase, the Railroad Commission has original
jurisdiction and the City is not authorized to adopt a resolution suspending the requested rate
increase for a period of ninety days. According to the City Attorneys' a group of cities led by the
City Attorney of Garland, have organized or are organizing to take action with respect to this
request for an increase. The City Manager stated more information will be provided at a later
date.
Agenda Item #11-F. Discussion: Reconunendation of candidates to Tarrant Appraisal Review
Board.
REGULAR CITY COUNCIL MINUTES OF 11/05/96 MEETING PAGE 14
Curtis Hawk, City Manager, referenced a letter the City received from John Marshall, Chief
Appraiser, Tarrant Council District, asking the City Council to recommend candidates for the
Appraisal Review Board. If the City Council have any recommendation of candidates, it will
need to be submitted to the Board of Directors by December 2, 1996. A copy of the information
from Tarrant Appraisal District is hereby attached to the minutes of this meeting.
Agenda Item #12. Adiournment
The meeting was adjourned at twelve midnight by Mayor Rick Stacy.
Mayor Ric Stacy
ATFEST:
S~ndra L. LeGrand
City Secretary
d:\wp-files\cc\ 1 l\5\96\min\sl
REGULAR CITY COUNCIL MINUTES OF 11/05/96 MEETING PAGE 15
City of Southlake, Texas
MEMORANDUM
November 1, 1996
Curtis E. Hawk, City Manager
FROM: Bob Whitehead, Director of Public Works
SUBJECT: Discuss the Preliminary Rehabilitation Alternative to the Continental Park Estates
Dam
BACKGROUND
In the June of 1995, the City entered into a contract with Freese and Nichols, an engineering firm, to
inspect, assess the dam and the implications for upstream improvements. The immediate question was
the potential impact on the dam if the City replaced the low -water crossing on Scenic Drive. Continental
Park Estates Lake and Dam are private. The lots bordering the lake are platted to the center of the lake.
Also, there is a 40 -foot drainage easement on the recorded plat that extends through the middle of the lake
which follows the old creek location. (See an attached plat exhibit.)
The attached Continental Park Estates Inspection and Assessment of Dam, dated August 15, 1995
discusses two major points:
1 . the "dam's spillway is in need or repair and has very little capacity to pass flood flows with
overtapping the embankment section"
2. "increased inflows will increase the occurrence of embankment overtopping ... "
COMMENTS
After Staff received the inspection and assessment on the dam, Staff advised City Council not to make
improvements to the low -water crossing Scenic Drive.
Freese and Nichols were contracted to extend their original study to look at possible alternative solutions
for improvements to the dam. Freese and Nichols met with Mayor Stacy and Staff on September 30,
1996 to discuss four options (A, B, C and D) for improving the spillway. Based upon that meeting,
Freese and Nichols also prepared three additional estimates which would "breach" the dam; i.e., remove
the dam and dredge or remove the silt. This information is attached as Freese and Nichols Memorandum.
Staff will be prepared to discuss this item and the alternatives. Staff seeks City Council's direction as
to what procedure or action to take in response to the assessment of the dam.
f,.
BW /ls
tachment: August 15, 1995 Freese and Nichols Study
Freese and Nichols Memorandum
C:\ W P W IN68\ W PDOCS \SUBDIV \CONT- PAR\DAM- REHA.2ME
11B -1
City of Southlake, Texas
MEMORANDUM
November 1, 1996
TO: Curtis E. Hawk, City Manager
FROM: Bob Whitehead, Director of Public Works
SUBJECT: Receive and Discuss the Results of Trial Grouting at Utility Trenches Report Prepared
by Wiss, Janney, Elstner Associates, Inc.
BACKGROUND
City of Southlake has incurred several concrete street pavement failures. These failures occur in various
residential additions usually over deep sanitary sewers and two or three years after construction. With
the assistance of Timarron and Wright Construction, the City of Southlake entered into a contract with
Wiss, Janney, Elstner Associates Inc. (WJE) to investigate the distressed and failed pavement in
Timarron, Phase I. By understanding the reasons for the problem in Timarron, we would be able to
understand the problem in other areas of the City.
The consultant (WJE) presented their investigation report in May 1996. Please see the following
regarding the attached information:
As authorized by City Council, a "field testing" study was conducted of the recommendation in the
nvestigation of Pavement Distress, May 10, 1996 prepared by Wiss, Janney, Elstner Associates, Inc.
The test of injecting a slurry grout into the gravel sanitary sewer pipe bedding was conducted from July
15, 1996 to September 5, 1996. The attached report is on the results of the trial grouting.
In summary, the results "indicate that slurry grouting can be used as an effective means for filling the -
voids in the bedding material... ". The report recommends that the following actions be taken "in
preparation for the implementation of a full scale slurry grouting program.
1. update the assessment of street conditions
2. development of plans and refinement of the specifications as presented in the report. (Appendix,
Section 10.0)
3. solicitation of bids.
Upon City Council review, discussion and action on the results of the Trial Grouting Report, Staff will
be prepared to work with the engineering consultants to prepare bid specification and program the
necessary repairs.
DISCUSSION
Staff is seeking Councils direction with the intent to bring back a proposal that would recommend that
City Council authorize the City Manager to enter into an agreement with Wiss, Janney, Elstner Associates •!
to provide the City:
1. an updated assessment of street conditions
2. develop plans and refine the specifications
11c -1
MEMORANDUM
CURTIS E. HAWK
RESULTS OF TRIAL GROUTING
NOVEMBER 1, 1996
'AGE 2
3. solicitation of bids for the Utility Trenches Report as recommended in the October 11, 1996
Results of Trial Grouting.
Staff will be able to provide to City Council a proposal for costs associated with the above at the Council
meeting.
Please place the results of Trial Grouting at Utility Trenches Report prepared by Wiss, Janney, Elstner
Associates, Inc. on the Regular City Council Agenda for November 5, 1996 for City Council discussion.
BW /ls
C: \W PWIN6O \WPDOCS \STREETS \DISTRESS \PAV- DIS.4ME
11C -2
City of Southlake, Texas
MEMORANDUM
November 1, 1996
TO: Curtis E. Hawk, City Manager
FROM: Bob Whitehead, Director of Public Works
SUBJECT: Authorize City Engineer to Prepare Pavement Reconstruction Plans in Diamond
Circle Estates upon the Determination of the Type of Pavement
BACKGROUND
When the Neighborhood Sewer Program was established by City Council, Diamond Circle Estates was
to receive sanitary sewer in Year -2 of the program. Council budgeted funds in the FY96 -97 to fund the
Year -2 Neighborhood Sewer Program. Cheatham and Associates has the sewer designed to be placed
behind the curb in the "parkway ". Because of all of the landscaping in the parkway (i.e., the public
right -of -way behind the curb), the engineering design includes many "bores" under the landscaping and
trees. Boring is expensive compared to open cutting a sanitary sewer trench.
In conjunction with the Neighborhood Sewer Program, residents of Diamond Circle Estates have appeared
before City Council requesting that the existing concrete streets be reconstructed.
On October 16, 1996, Mayor Stacy and I met with the homeowners of approximately seventeen properties
lcated in Diamond Circle Estates. After a brief slide presentation which showed some of the current
,creet problems and similar subdivisions with asphalt streets, four options for improving the streets were
discussed. The four options with cost estimates are attached.
Option 1: Reconstruct with new reinforced concrete pavement - saw cut around existing driveways and
leave them in place.
Option 2: Mill edges and install 2" HMAC overlay leaving existing curbs.
Option 3: Saw cut 2' from back of curb, remove 27' of existing pavement and replace with 6" HMAC
pavement.
Option 4: Saw cut 2' from back of curb, remove 27' of existing pavement and replace with 5"
reinforced concrete pavement.
It should be noted that Option 2 was not acceptable to the neighborhood as it would replace only the bad
sections of pavement (40% of total).
After much discussion, the majority of people present agreed to Option 3. However, they left the meeting
with the information as presented to "poll" the other residents of Diamond Circle Estates as to their
recommendations between Options 3 and 4. The Mayor made it perfectly clear that the City Council
would make the final decision and it may not coincide with the outcome of the neighborhood poll. The
;ighborhood representative is to return the poll results into Staff prior to October 30, 1996 in order to
place this item on the Regular City Council Agenda for November 5, 1996.
11D -1
J
MEMORANDUM
CURTIS E. HAWK
DIAMOND CIRCLE ESTATES
PAVEMENT RECONSTRUCTION
NOVEMBER 1, 1996 •
`GE 2 ..�,
the writing of this memorandum, Staff has not received results of the neighborhood poll on the type
of street construction. We will try to have this information by the upcoming City Council Meeting.
Staff would suggest that City Council consider the sewer project and street reconstruction to be
constructed concurrently as this will provide a cost savings in the total project. The savings will be
accomplished by moving the sanitary sewer line from behind the curb to under the street which will
dramatically decrease the cost of boring the landscape. Staff realizes this is contrary to our present policy
on location of sanitary sewer lines; however, because of the established trees and landscaping, the
improved specifications based upon the Distressed Pavement Study and using an asphalt street, Staff feels
that if Council approves reconstructing the street in Diamond Circle that the sanitary sewer should be
located under the street.
FISCAL IMPACT
The City of Southlake Capital Projects Budget for FY96 -97 includes funding for both the sewer and street
projects as follows:
Fund 755 Sewer Assessment Fund $486,000.00
Fund 502 1997 Infrastructure Reserve Fund $800,000.00
RECOMMENDATION
Public Works Staff would recommend that City Council consider Option 3 for the street reconstruction
1 moving the sanitary sewer location to under the pavement. This recommendation is based upon the
ober 16, 1996 public meeting, the savings in construction costs and the cost of future street
maintenance. The estimated costs of construction with the recommendation would be:
Option 3 Street Reconstruction $568,575.00
Sanitary Sewer ( *) $376.250.00
Total Project $944,825.00
Current Engineer Estimate:
behind the curb $465,250.00
under the pavement $376,250.00
Total Savings $89,000.00
Please place to authorize the City Engineer to prepare pavement reconstruction plans in Diamond Circle
Estates upon the determination of the type of pavement on the Regular City Council Agenda for
November 5, 1996 for City Council consideration.
BW /ls
attachment: Opinion of Probable Cost for Diamond Circle Estates
Street Reconstruction Report
C: WPWINISO WPDOMSUBDMDLtRCI.ESST -RECON 214E
11D -2
Opinion of`Probable Cost for
Diamond Circle Street
Reconstruction Job No. 001 -227
Option 1 - Reconstruct with new reinforced concrete pavement - saw cut around existing
driveways and leave them in place.
7625 x 31 / 9 = 26,264 S.Y.
26,264 S.Y. 5" Reinforced Concrete Pavement @ $16.00 =
26,264 S.Y. Remove Existing Concrete $ 220,
2
@ $ 3 8.00 = 2
27,960 S.Y. Stabilized Subgrade
@ $ 3.00 = _ 833 880 .880
SUBTOTAL $ 714,216
10% CONTINGENCIES
10% ENGINEERING & SURVEYING 71,422
71.422
TOTAL $ 857,060
Option 2 - Mill edges and install 2" HMAC overlay leaving existing curbs
7625 x 27 / 9 = 22,875 S.Y.
Mill Edges
22,875 S.Y. Petromat Fabric L.S. = $ 15,000
$ 2.00 = 9
22,875 S.Y. 2" HMAC Overlay 1,5 , 5 00
$ 4.00 = 91
9,150 S.Y. Spot Repair Failed Subgrade 00
� $24.00 = 21 600
SUBTOTAL
10% CONTINGENCIES $ 371,850
ENGINEERING 37,185
1-- 5 .Q
TOTAL $ 424,035
Option 3 - Saw cut 2' from back of curb, remove 27' of e
HMAC pavement. ting pavement and replace with 6"
22,875 S.Y. Remove Existing Conc. Pvt. $ 8.00
22,875 S.Y. Stabilize Subgrade $ 3.00 _ $ 168,6
22,875 S.Y. 6" HMAC Pavement $11.00 = 25 51 625
- = 625
TOTAL CONSTRUCTION COST $ 503,250
10% CONTINGENCIES 50,325
ENGINEERING 15 OOQ
TOTAL $ 568,575
9 4
11D -3
Option 4- Saw cut 2' from back of curb, remove 27' of existing pavement and replace with 5"
reinforced concrete pavement. r
22,875 S.Y. Remove Existing Conc. Pvt. @ $ 8.00 = . $183,000
22,875 S.Y. Stabilized Subgrade @ $ 3.00 = 68,625
22,875 S.Y. Install 5" Reinforced Conc. @ $16.00 = 366.000
TOTAL CONSTRUCTION COST $ 617,625
10% CONTINGENCIES 61,763
ENGINEERING 15,000
TOTAL $ 694,388
F: \ WORD \SOUT[ Q,AK\227\ OPINION .CST
■
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11D-4
4.
Option No. 1 This option would be a complete reconstruction project. Parkway
landscaping, shrubs and mailboxes would be disturbed with this
construction. This estimate does not include re- sodding and replanting
shrubs. After the street has been excavated and soils testing done, a
portion of the subgrade stabilisation could be eliminated if the subgrade is
acceptable. A savings on the sewer system construction would be realized
if the lines were installed in the streets and pavement replacement
eliminated.
Option No. 2 This option would leave the existing pavement as base and spot repair in
areas of failure. The improved street section would be a HMAC surface
with concrete curb and gutter. No savings would be utilized by sewer
system construction within the street because pavement replacement
would still be needed.
Option No. 3 This option would saw cut along each gutter line and replace the interior
2T with HMAC pavement. As in Option No. 1, a portion of the subgrade
stabilization could be eliminated if soils testing indicated an acceptable
subgrade. A savings on the sewer system construction could be realized if
the line were installed in the streets and pavement replacement eliminated.
Option No. 4 This option would be identical to Option No. 3, with the exception that the
new pavement would be replaced with 5" reinforced concrete pavement.
2
•
F:AWORDISOI CST
11D-5
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11D -9
TARRANT APPRAISAL DISTRICT \" >'
\• .4s) R all
.»_. 2315 Gravel Road • Fort Worth, Texas 76118 -6982 • (817) 2840024 ` \ ,a 'a', , ; „ te a ,
1 _ / Appraiser
October 5, 1996 '
-
Mr. Curtis E. Hawk
City Manager
City of Southlake
667 N. Carroll Avenue
Southlake, Texas 76092
Dear Mr. Hawk:
The Board of Directors of the Appraisal District will be considering the appointment of
members to the Appraisal Review Board (ARB). The ARB is a group of citizens appointed to
hear and resolve disputes between taxpayers and the appraisal district. There will be fifteen (15)
positions to be filled before training begins in early 1997. Some of the 15 positions will be filled
by reappointment of existing members whose terms expire December 31, 1996.
If you would like to make any recommendation of candidates, please submit them to the
Board of Directors by December 2, 1996, if at all possible.
Candidates should have expressed their willingness to serve and have the time to devote to
the job. This is an extremely important position that has a direct effect on how taxpayers feel
about the property tax system and their right to have a fair hearing. Enclosed is a copy of the
resolution adopted by the Board of Directors which outlines the guidelines for appointment to the
Tarrant Appraisal Review Board. Candidates should provide a brief biography reflecting their
background and qualifications. There will be an orientation session for all interested and
recommended members to discuss duties, time commitment, compensation, and other items of
interest.
Please do not hesitate to contact me if you have any questions.
Sincerely,
•
John R. Marshall
Executive Director
Chief Appraiser
JRM: mm
//F—
RESOLUTION
As Amended December 15, 1995
WHEREAS, the Board of Directors ( "Board ") of Tarrant Appraisal
District ( "TAD ") by resolution of a majority of its members
may set the number of members of Tarrant Appraisal Review
Board ( "TARB ") at a number greater than three and no greater
than thirty as is necessary to accomplish TARB's duties in the
manner and within the time prescribed by law,
WHEREAS, the Board by resolution of a majority of its members
appoints members of TARB to hold office for terms of two years
beginning on January 1 and appoints members to fill vacancies
for unexpired portions of terms; and
WHEREAS, the Board by resolution of a majority of its members
may from time to time appoint as many as thirty auxiliary
members to serve on TARB in the capacity provided for in Texas
Tax Code Section 6.411; it is therefore
RESOLVED, that members and auxiliary members of TARB must meet
all requirements imposed by applicable laws, which laws now
require that each member- -
1. reside within the boundaries of TAD at the
beginning of and at all times during his or her
term of office;
2. have resided within the boundaries of TAD for at
least two years prior to the beginning of his or
her term of office;
3. not be a member of the Board of TAD;
4. not be an officer or employee of TAD;
5. not be an officer or employee of the Comptroller
of Public Accounts of the State of Texas;
6. not be an officer or employee of any taxing unit
that participates in TAD;
7. not have served for all or part of three previous
terms on TARB;
8. not be related within the second degree of consan-
guinity or affinity to an individual who is engaged
in the business of appraising property for
compensation for use in proceedings under the Title
1 of the Texas Tax Code involving TAD or any taxing
unit that participates in TAD;
/ /F -
(f) be available during his or her term of office to
serve at the call of the chairman as may reasonably
be necessary (and, for regular members, in no case
less than 30% of the number of days on which the
Board schedules hearings for any given month) to
constitute a quorum to accomplish TARB's duties in
the manner and within the time prescribed by law;
and
(g) be able and willing to abide by the policies and to
follow the procedures adopted by TARB.
(h) Not have been an administrative or management
employee or elected official of the appraisal
district or any taxing entity of Tarrant County
for a period of two years prior to appointment.
(i) Not be related at the time of appointment within the
first degree of consanguinity or first degree of
affinity to an individual who is an administrative
or management employee or elected official of the
appraisal district, or any taxing entity of Tarrant
County, or State of Texas with statewide
jurisdiction.
RESOLVED FURTHER, that TARB serves a diverse population.
Accordingly, as nearly as is reasonably practicable, the
membership of TARB shall be fairly representative of all of
the several economic, religious, cultural, ethnic, racial, and
gender groups that comprise the population that TAD serves.
APPROVED THIS 15th DAY OF DECEMBER, 1995
/ /F -3