Loading...
1996-11-19 CITY OF SOUTHLAKE 667 NORTH CARROLL AVENUE REGULAR CITY COUNCIL MEETING NOVEMBER 19, 1996 MINUTES COUNC1LMEMBERS PRESENT: Mayor Rick Stacy; Mayor Pro Tem W. Ralph Evans; Deputy Mayor Pro Tem Pamela Muller. Members: Wayne Moffat, Scott Martin, and David Harris. COUNCILMEMBER ABSENT: Gary Fawks. 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; Debra Drayovitch, 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 6:00 p.m. Agenda Item g2-A. Executive Session Mayor Stacy advised the au&'ence 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 6:03 p.m. Council returned to open session at 7:00 p.m. Agenda Item g2-B. Action Necessary/Executive Session REGULAR CITY COUNCIL MINUTES OF 11/19/96 MEETING PAGE 1 Motion was made to direct staff to proceed with condemnation of an easement as discussed in executive session. Motion: Harris Second: Evans Ayes: Harris, Evans, Muller, Moffat, Martin, Stacy Nays: None Approved: 6-0 vote Agenda Item I/3. Aooroval of the Minutes of the November 5. 1996 City Council Meetln~ Motion was made to approve the minutes of the November 5, 1996 City Council meeting as presented. Motion: Martin Second: Harris Ayes: Martin, Harris, Evans, Muller, Moffat, Stacy Nays: None Approved: 6-0 vote ,4,eenda Item #4-A. Mayor's Re_nort Mayor Stacy announced the Mothers Against Drank Driving are sponsoring a "Tie One On~ campaign throughout the holidays by asking individuals to place a red ribbon on their car antenna through January 1. Mayor Stacy asked the audience and Council to participate in this campaign. Mayor Stacy announced that City Hall will be closed on November 28 and 29th, for the Thanksgiving holidays. The Mayor announced that members of the FY 96-97 Leadership Southlake Class are attending the City Council meeting tonight as part of their training. Sandy Baber, Executive Director of the Southlake Chamber of Commerce, is also in attendance. Couocilmember David Harris stated he was thankful that the Mayor and family were not wiped out while on their recent trip to Cancun. There were storms that became frightening, according to Mayor Stacy. Agenda Item #4-B. City Manager's Renort The City Manager, Curtis Hawk, reported that during the last Council meeting it was noted by Ron Harper, City Engineer, that the traffic signal at F.M. 1709 and Village Center would not be turned on until the traffic counts warrant the light. This past week, the State Department of Highways and Transportation notified the City that the lights will go on next Tuesday, November 26, 1996. REGULAR CITY COUNCIL MINUTES OF 11/19/96 MEETING PAGE 2 Aeenda Item #4-C. SPIN Report Darrell Faglie, SPIN //7, was present and made a short report that there has been a lot of commercial activity in his area of town, however, they still do not have sewer! Mayor Stacy reported that items #7-D, #7-E, #7-G, and #8-A, would be tabled tonight at the request of the applicants. Aeenda Item #5. Consent Agenda Mayor Stacy announced that the items listed below are considered to be routine by the City Council and will be enacted with one motion. There will be no separate discussion of items unless a Councilmember or citizen so requests, in which event, the item will be removed from the general order of business and considered in its normal sequence. He read the list of items that will be considered on the consent agenda. 5-A. Excuse the absences of Planning and Zoning Commission Chairman Joe Wright. Authorize the City Manager to execute a Professional Services Agreement with Cheatham and Associates for the design of water system improvements consisting of an extension of a 20" water line along North White Chapel Blvd. and across private property to T.W. King Road. Authorize the City Manager to execute a Professional Services Agreement with Cheatham and Associates for the design of sewer system improvements consisting of an extension of a 12" sewer line along West Dove Street from Lonesome Dove Avenue to the future extension of Kirkwood Blvd. Authorize the City Manager to amend the Professional Services Agreement with Cheatham and Associates for preparation of plans for sewer to include preparation of pavement reconstruction plans in Diamond Circle Estates. Authorize the Mayor to execute an Interlocal Cooperative Agreement of the North Texas GIS Consortium for Geographic Data Acquisition and Malntenenace with the City of Southlake. 5-F. Award of bid for police cars. 10-C. Authorize the City Manager to execute a Pwfessional Services Agreement with Wiss, Janney, Elstner Associates, Inc. for the preparation of plans and specifications for pavement remediation. Motion was made to approve the consent agenda consisting of the items listed above. REGULAR CITY COUNCIL MINUTES OF 11/19/96 MEETING PAGE 3 Motion: Harris Second: Muller Ayes: Harris, Muller, Moffat, Martin, Evans, Stacy Nays: None Approved: 6-0 vote ADDITIONAL INFORMATION ON CONSENT ITEMS 5~h. Obtaining an excuse for two or more consecutive absences on the Planning and Zoning Commission is a requirement of the Home Rule Charter. Joe Wright was absent for two meetings and therefore an excuse was necessary. The City of Southlake's Budget for FY 96-97 includes in the Capital Improvements Program a project in the 1997 Water/Sewer Bond Projects for the construction of a 20-inch water line from the proposed pump station on T.W. King Road to the elevated water tank on North White Chapel Blvd. at Dove Street. The pump station and ground storage tanks at T.W. King Road are currently being designed by Cheatham and Associates. This project is needed to complete the northwest water supply along S.H. 114. It is anticipated this project will be completed by the start of summer 1997. Cheatham and Associates has submitted a proposal for the engineering services for this project in the amount of $36,300. This fee was based upon an estimate of design effort required and equated to 6.3% of the construction costs. This falls within normal parameters for this type of project. In addition, surveying costs in the amount of $13,425 will be required. This will result in a total contract of $49,725. The City of Southlake currently has an agreement with the Trinity River Authority (TRA) to pump sewer from the north side of the city over to the Big Bear Basin. This agreement will expire in November of 1998. To enable the cross basin diversion to end, a sanitary sewer system must be installed from the existing lift station at Lonesome Dove Avenue and Dove Street to the lift station currently under construction at North White Chapel Blvd., north of Dove Street. A portion of this system will be constructed by Maguire Thomas as a part of their currently proposed residential development. In addition, a portion of the N-3 gravity sewer line must be completed from the existing lift station at Dove Creek and North Carroll Avenue, to the line recently constructed serving Whispering Dell Estates. It is proposed that a 12" sewer line be constructed along W. Dove Street to Lonesome Dove Avenue to the future extension of Kirkwood Blvd., then north along Kirkwood Blvd. to the proposed sewer by Maguire Thomas. Included in this project will be the completion of the N-3 gravity sewer line and abandonment of the lift station at North Carroll Avenue. Cheatham and Associates has submitted a proposal for the engineering services for this project in the amount of $47,500. This fee was based upon an estimate of design effort required and equates to 8.0% of the construction costs. This falls within normal parameters for this type of project. In addition, surveying costs in the amount of $18,000 REGULAR CITY COUNCIL MINUTES OF 11/19/96 MEETING PAGE 4 will be required. This will result in a total contract of $65,500. Authorize the City Manager to amend the Professional Services Agreement with Cheatham and Associates for preparation of plans for sewers to include preparation of pavement reconstruction plans in Diamond Cimle Estates. A copy of the memorandum from Bob Whitehead, Director of Public Works, to the City Manager, dated November 15, 1996 is hereby attached to the minutes of the meeting. In 1995, the City of Southlake entered into an Interlocal Agreement with the North Texas GIS Consortium in order to acquire geographic data and to provide for regular maintenance and updates of this data. The initial aerial photograph and resulting digital data was developed in 1994. The Consortium is currently preparing for its first update of data and has requested that the City sign this agreement for the costs associated with this update. The proposed cost to the City of this update is $1,350.00. These costs were requested and approved in the FY 96-97 Budget. Award of bid for police cars. The Department of Public Safety elected to bid in the General Motors arena because they were informed by Ford that they will not extend warranties on their Explorers at this time, and it is not in the best interest of the Department nor the taxpayers to purchase vehicles without extended warranties. The Department wishes to accept the bid of three (3) 1997 Chevrolet Camaro police pursuit coupes from Classic Chevrolet at a cost of $21,476 each, and one to be reimbursed by the City of Forest Hill. Also the purchase of two 1997 Chevrolet Tahoe 4dr Utility Trucks from Classic Chevrolet at a cost of $28,725 each was recommended. Classic Chevrolet was the low bidder. 10-C. Professional Services Agreement with Wiss, Janney, Elstner Associates, Inc., for the preparation of plans and specifications for pavement remediation; the results of testing indicates 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: update the assessment of street conditions, develop plans and refine the specifications, solicitation of bids for the tJtjlity Trenches Report as recommended in the October 11, 1996 Results of Trial Grouting. The contract will be not to exceed $28,000. Agenda Item//6. Public Forum No comments were received during the public forum. REGULAR CITY COUNCIL MINUTES OF 11/19/96 MEETING PAGE 5 Agenda Item #7-A. Parks. Recreation and O_nen Space Master Plan. Kim Lenior, Director of Parks and Recreation, stated the City is required by the City Charter to update the Parks, Recreation and Open Space Master Plan every four years. Texas Parks and Wildlife Department also review master plans for extra points on grants, and requires that the plan be updated ever~ five years. In October 1995, City Council directed the Park & Recreation Board and city staff to review and update the master plan as required by the City Charter. The master plan is a plan for the ultimate build-out of the City. The entire plan is projected to take 30 years to complete. The major change in that plan is the new standard for unimproved open space established for city park and to maintain an inventory of all park land to be 50% open space. This increase is due to citizens demand for open space to be acquired and saved in perpetuity. The Parks, Recreation and Open Space Master Plan map includes the Trail System Master Plan because the trails are such an integral part of the city's park system. Action on the plan does not include changes to the Trail System Master Plan. The final plan before Council is recommended by a ananimous vote of the Parks and Recreation Board. It is supported by the majority of all citizens that participated in this process. PUBLIC HEARING: No comments were received by the audience. Motion was made to adopt the Parks Open Space Master Plan as presented. Motion: Martin Second: Muller Ayes: Martin, Muller, Moffat, Harris, Evans, Stacy Nays: None Approved: 6-0 vote Councilmember commended the Park and Recreation staff on all the hard work on the Park Master Plan and noted, it fits in with the new character of the City. Agenda Item/f'/-B. Bicentennial Park Master Plan The Director of Parks and Recreation, Kim Lenior, noted that the City acquired ten acres of land in 1970 for the first City park. In 1976, a Texas Parks and Wildlife Department grant was acquired to purchase more land and do some initial improvements. In 1987, the Parks and Recreation Board approved a master plan for a second phase of improvements to the park. In 1989, the Community Center was donated and moved to the park. In 1995, the City completed the first major expansion of Bicentennial Park with a new revenue source of the half cent sales tax. In 1996, the City Council hired Mesa Design Group to work with the Parks and Recreation Board to update the master plan to include the ultimate build-out for this park. REGULAR CITY COUNCIL MINUTES OF 11/19/96 MEETING PAGE 6 The Master Plan for Bicentennial Park is a plan for the ultimate build-out of the City. The entire plan is projected to take 15 to 20 years to complete and will include over $18 million on new and renovated construction. Several issues with this master plan were addressed throughout the public hearing process. The neighborhood was concerned about the noise and lights from the athletic facilities near the homes, therefore, the new ballfields were moved further south with substantial landscaped buffers planned to filter noise and lights. The plan proposes acquisition of more property to the north for additional landscape buffers. All lights will have hoods to direct the light to the fields and reduce the spill over of light to the neighbors. Lights are on timers and field use is regulated by annual facility usage agreements with youth associations. The road access off of North White Chapel will be to a satellite parking lot to access the natural and open spaces of the park. Access off of Shady Oaks will acccess the new facilities planned on the far west end of the park. A third access point is behind the old Food Lion site to access the young adult facilities (ie. roller hockey rink, basketball counts and sand volleyball courts). Pedestrian hike and bike trails will traverse the entire park, as well as, provide an entrance to the Oak Hill Estates. The Master Plan designates five tracts of land to be acquired as the land becomes available. The final plan is recommended to the City Council by a unanimous vote of the Parks and Recreation Board. It is supported by the majority of all citizens that participated in this process. Motion was made to adopt the Bicentennial Park Master Plan as presented this evening, following the recommendation of the Planning and Zoning Commission, leaving the buffer for the new northeastern most field to 75 feet. Motion: Martin Second: Evans Ayes: Martin, Evans, Muller, Moffat, Harris, Stacy Nays: None Approved: 6-0 vote A_~enda Item/f'/-C. Bob Jones Park Master Plan. Kim Lenior, Director of the Park and Recreation Department, made the presentation on the Bob Jones Park Master Plan stating, the City acquired 80 acres of the 114 acres of the West Beach Subdivision in November 1994. This park site was to meet the requirements for a major city park next to Lake Grapevine as described in the 1991 Parks, Recreation, and Open Space Master Plan. In 1995, the City acquired another 17 acre tract of land adjacent to the Park on the north side. The City Council named the park Bob Jones Park. The City Council hired MESA Design Group to work with the Parks and Recreation Board to master plan this park. Since the initial meeting in April 1996, the board has met in 21 public meetings, held four public hearings, and attended numerous meetings with individuals from the neighborhood, adjacent property owners, equestrian groups, the Grapevine Southlake Soccer Association and the Corps of Engineers. Two city-wide SPIN meetings were held with collectively over 200 in attendance. The entire plan is projected REGULAR CITY COUNCIL MINUTES OF 11/19/96 MEETING PAGE 7 to take 15 to 20 years to complete and will include over $11 million of new construction. Several issues of the master plan were addressed throughout the public process. Ms. Lenior noted the neighborhood was concerned about the noise and lights from the athletic facilities near the homes, therefore, the soccer fields were moved further south with substantial landscape buffers planned to filter noise and lights. Only three soccer fields are proposed to be lighted, and these will be at the most southern fields in the park. The equestrian community was concerned about the safety of the existing equestrian trail on the Corps of Engineers property, if concrete hike and bike trails were built near them. The trails in the Corps of Engineers property will be nature/hiking, soft surface trails only. The concrete hike and bike trail will loop through the park on the City property. The master plan designates a circle drive to park 35 cars on the Corps of Engineers property. The intent of the Board is that the surface of the parking lot be able to support emergency vehicles. The Planning and Zoning Commission unanimously approved the plan at their meeting on November 7, 1996, recommending removal of the road access through Oakwood Estates and widen North White Chapel with turn lanes as needed. Curtis Hawk, City Manager, commented with regards to plans for improvements to North White Chapel Blvd, stating, we are looking at three-quarter million dollars. The improvmentes to North White Chapel Blvd. are eligible for SPDC funding because it's a roadway into our park. Councilmember Scott Martin commented referencing a telephone being placed at the furthest north areas of the park because of emergencies or car problems. PUBLIC HEARING: Susan Scott, 9 Sam Bass Ridge Road, Southlake. Ms. Scott stated she has been to as many Park Board meetings as she cares to attend. She feels like they have come up with a plan that will be a nice park and not impact the homeowners. On behalf of the residents, they are opposed to the road through the Corps of Engineers property. Ms. Scott stated it was presented to them that there would be no parking lot on the northern end, only a turn around. She wants to be sure that the City Council realizes the residents in that area are opposed to the parking lot. She is happy that the Park Board is recommending ~soft trails". Ms. Scott stated the Master Trail Plan needs to be amended to match the Bob Jones Master Plan. Ms. Scott read a letter from Ms. Marge Zielke which is attached to the minutes of this meeting. Frank Ferran, 122 Sam Bass Ridge Road, Roanoke. Mr. Ferran stated for the past few days he was awakened by gun fire and stated the hunters had a Federal Hunting Permit to shoot on the Corps of Engineer's property. Cara White, 4475 Homestead Drive, Roanoke. Ms. White stated she wanted to thank the Park REGULAR CITY COUNCIL MINUTES OF 11119/96 MEETING PAGE 8 and Recreation Board, particularly Ronnie Kendall and Sheri Berman for their work on the Bob Jones Master Plan, adding, lots of times people are not recognized for their hard work. She asked that the park be gated with timers on the lights. Rod Johnson, Chairman of the Park and Recreation Board. Mr. Johnson stated the plan has changed many times. Sometimes people see things on the plan and then it is gone. Things have been moved around. He referenced the parking lot on the north end. Curtis Hawk, City Manager, commented that there are two issues; the Trail Master Plan and the Park and Recreation Open Space Mater Plan. However, the plans change, they will be the same. He addressed the issue of gun fire around the Corps of Engineers property, stating, we do not allow gun fire in the City, however, at this time, we do not have a lease on the Corps of Engineers property. He referenced roadway issues, stating, accessibility is a major concern. Mayor Rick Stacy stated he does not see a need for a lighted parking lot, nor does he see a need for the road on Marilyn Tucker's property, and it should be taken off the plan. He stated he does not want to encourage anyone to go to Grapevine Lake, but to Southlake's park, adding, gating and timers will be enforced. Lenora Schonltz, 4721 North White Chapel Blvd. Roanoke Ms. Schonltz stated they bought the properly because of the lake, but they do have some concerns. It is scary down there, they have been robbed twice. They were county when they moved there, but were annexed by Southlake and the only thing they get, is better police protection. She stated through the years it has improved, but if the City puts a parking lot in that location, it will be inviting problems. Ms. Schonltz stated, "If we need a turn around, do it, but keep it unimproved.' John Richardson, 4537 Homestead, Roanoke. Mr. Richardson stated they had problems with trash and such until the Corps of Engineers came down and put up a fence. He stated he feels if we put in a parking lot, we will be going back in time. He asked Council to direct the people to the park and not involve the residents. Bill Sawchuck, Homestead Drive, Roanoke. Mr. Sawchuck stated the road access to the lake is a concern. He is afraid the natural land will be spoiled. The last thing we want to do is invite more roads. They don't need any roads beyond the park itself. Julie Landesberg, 305 South Bob Jones Road, Roanoke. Ms. Landesberg stated Lake Grapevine is dangerous. The road going through the Corps. property is expensive. We could save a lot of money and give the people what they need by not expending the roadway. Richard Anderson asked Council to not put the parking lot at the end of White Chapel Blvd. He asked Council to not develop the Corps. property as it would cost too much money. REGULAR CITY COUNCIL MINUTES OF 11/19/96 MEETING PAGE 9 Mayor Rick Stacy thanked the citizens for their phone calls and letters on this issue, adding, he appreciates everyones input. He stated he feels the residents should participate. Public Heating Closed. Motion was made to approve the Bob Jones Park Master Plan as presented with the following changes: elimination of the parking lot on North White Chapel Blvd. other than the necessity for mm around of emergency vehicles; removal of the road through Marilyn Tucker's property; the addition of all appropriate turn lanes off of N. White Chapel Road as needed for safe ingress- egress of the parking lots and entrances to the park; acknowledgment that the trail within the Corps. of Engineer property will be a soft trail; that no lighting shall be allowed north of the circular hike and bike trail on the west side of Bob Jones Park and the trail circumnavigating the amphitheater shall be a hard surface as detailed in the park plan. Motion: Martin Second: Evans Ayes: Martin, Evans, Harris, Muller, Moffat, Stacy Nays: None Approved: 6-0 vote Councilmember Scott Martin thanked members of the Park Board and City Staff for their work on the Master Plan for Bob Jones Park. Agenda Item #7-D. Ordinance No. 643. 2nd reading. Door-to-Door Solicitors Ordinance No. 643, an ordinance requiring registration of door-to-door solicitors, requiring identification badges, and providing regulations, was not discussed tonight. Motion was made to table Ordinance No. 643, 2nd reading, at the request of the applicant. Motion: Harris Second: Muller Ayes: Harris, Muller, Moffat, Martin, Evans, Stacy Nays: None Approved: 6-0 vote (to table) Agenda Item g7-E. Ordinance No. 645. 2nd readina. Handbill Distribution Ordinance No. 645, 2nd reading, an ordinance providing for the regulation of the distribution of handbills in the City, and requiring registration of those who distribute handbills, was not discussed tonight. REGULAR CITY COUNCIL MINUTES OF 11/19/96 MEETING PAGE 10 Motion was made to table Ordinance No. 645, 2nd reading, at the request of the applicant. Motion: Martin Second: Muller Ayes: Martin, Muller, Moffat, Harris, Evans, Stacy Nays: None Approved: 6-0 vote (to table) Agenda Item #7-F. Ordinance No. 667. 2nd resdino. GTE Franchise Ordinance Curtis Hawk, City Manager, stated with regards to Ordinance No. 667, the GTE Franchise Ordinance, that it is the City Attorney's opinion that the franchise agreement is a direct result of the settlement agreement with GTE. If the ordinance is not passed as written, it could potentially result in GTE's refusal to sign the new franchise agreement and could put us back in litigation with GTE. Council has a copy of a handout showing revenues that would be generated at various access line rates. Most of the cities have adopted the maximum access line charges of $1.42 per month for residential and $2.00 per month for commercial. The public hearing resulted with no comments from the audience. Motion was made to approve Ordinance No. 667, 2nd reading, inserting an access line charge of $1.42 per month for residential and $2.00 per month for commercial, which is the maximum. Motion: Martin Second: Evans Mayor Rick Stacy read the caption of the ordinance. Ayes: Martin, Harris, Evans, Muller, Moffat, Stacy Nays: None Approved: 6-0 vote Agenda Item g'/-G. ZA 96-138. Site Plan for Kin~lev Place. an Assisted Living Facility ZA 96-138, Site Plan for Kingsley Place, an Assisted Living Facility, on the proposed Lot 4R-l, Block 6, Southridge Lakes, Phase C-i, on property legally described as being the northwestern portion of Lot 4, Block 6, Southridge Lakes, Phase C-l, being approximately 4.246 acres situated in the A.A. Freeman Survey, Abstract No. 522. Current zoning is "C-3" General Commercial District. Applicant: Aguirre, Inc. Owner: Southridge Center LP. SPIN Neighborhood//13. Motion was made to table ZA 96-138, Site Plan for Kingsley Place, at the request of the applicant, time certain December 3, 1996. Motion: Muller Second: Moffat Ayes: Muller, Moffat, Martin, Harris, Evans, Stacy Nays: None Approved: 6-0 vote (to table) REGULAR CITY COUNCIL MINUTES OF 11/19/96 MEETING PAGE 11 Agenda Item #8-A. Ordinance No. 480-219. 1st readin_~ (ZA 96-124} Ordinance No. 480-219, 1st reading (ZA 96-124), Rezoning and Concept Plan for Crestwood Office Park, being approximately 3.5083 acres situated in the W.W. Hall Survey, Abstract No. 695 being a portion of Tract 3D as recorded in Volume 8564, Page 285 D.R.T.C.T. Current zoning is "AG" Agricultural District, with a requested zoning of ~S-P-2" Generalized Site Plan District with "O-1" Office District uses. Applicant: M & M Group, Inc. Owner: CFNVESTS JV. SPIN Neighborhood #10. Motion was made to table Ordinance No. 480-219, 1st reading, at the request of the applicant, time certain December 3 1996. Motion: Muller Second: Martin Ayes: Muller, Martin, Harris, Evans, Moffat, Stacy Nays: None Approved: 6-0 vote (to table) Agenda Item #8-B. ZA 96-144. Plat Revision for Lots 1R and 2R. Block 1. Lake Crest Addition ZA 96-144, Plat Revision for the proposed Lots 1R and 2R, Block 1, Lake Crest Addition, being a revision of Lots 1 and 2, Block 1, Lake Crest Addition, and being approximately 0.948 acres situated in the Hiram Grandberry Survey, Abstract No. 581. Current zoning is "SF-20A' Single Family Residential District. Applicant: Carter & Burgess, Inc. Owner: Pulte Homes and Kevin Sweeney. SPIN Neighborhood//14. Karen Gandy, Zoning Administrator, noted that seven (7) notices were sent to property owners within the 200' notification area and two (2) written responses have been received from: Tom David, Columbus, Ohio, 43216, opposed; and, Linda Burbank, 201 Lakecrest Drive, Southlake, in favor. Ms. Gandy stated on November 7, 1996, the Planning and Zoning Commission approved (6-0), deleting item #7 (35' building line along west property line adjacent to Lake Crest Drive) waiving 35' building line along Lake Crest Drive to allow a 15' building line. A Carter & Burgess representative was present to answer questions of Council. Motion was made to approve ZA 96-144, Plat Revision, pursuant to the Revised Plat Review Summary No. 1 dated November 1, 1996; deleting item//7 ( 35' building line along west property line adjacent to Lake Crest Drive) and allowing a 15' building line. Motion: Harris Second: Martin REGULAR CITY COUNCIL MINUTES OF 11/19/96 MEETING PAGE 12 Ayes: Harris, Martin, Evans, Muller, Moffat, Stacy Nays: None Approved: 6-0 vote Agenda Item gl0-A. Commercial Developer A_m-eement with Heritage Industrial Park. Block A. located at SH 26 and East Continental Blvd. Bob Whitehead, Director of Public Works, introduced the commercial developer agreement for Heritage Industrial Park noting the usual requirements for performance bonds, letters of credit or cash escrow, and indemnification are incorporated in the agreement. Mr. Whitehead stated Trammel Crow Company is or has purchased Heritage Industrial Park from Darr Equipment Company. Trammel Crow has a "lessee" for the Southlake portion of the tract. Mr. Whitehead outlined the issues in a memorandum dated November 15, 1996, which is hereby attached to the minutes of this meeting. Doug Gorden, Trammel Crow Company, 2200 Ross Avenue, Dallas. Mr. Gorden introduced Pat Coonts, Civil Engineer with Halff Associates who was also present to answer questions of Council. Mr. Gorden outlined their proposal to the City with regard to sanitary sewer, water service, paving of East Continental Blvd. as well as SH 26 improvements. Mayor Stacy asked the applicant what are they willing to pay for?. Council adjourned for recess at 9:15 p.m. Council returned to the Council table at 9:30 p.m. Upon return from recess, the City Manager, Curtis Hawk, outlined the issues that were agreed upon by the applicants including that the City agrees to a 50% participation cost ($184,333) when the developer makes the connections at Continental Blvd. At that time the City will pay the developer. The City's proposal includes going to the edge of City property. Curtis Hawk noted the money would come from bond sales. The developer will construct his portion of two-thirds of Continental to the ultimate standard. Motion was made to approve the Commercial Developer Agreement for Heritage Industrial Park, Block A, with the numbers as discussed; with ,$30,000 oversizing charge paid by the City; $184,333 for East Continental Blvd. construction and the city agreement to contribute $111,500 maximum for the SH 26 improvements at the time of connection of our portion of Continental Blvd. to their portion of Continental Blvd.; waive the 5% fees and waive the street impact fees totaling a sum of $164,821 of fees. Motion: Martin Second: Harris Ayes: Martin, Harris, Evans, Muller, Moffat, Stacy Nays: None REGULAR CITY COUNCIL MINUTES OF 11/19/96 MEETING PAGE 13 Approved: 6-0 vote A_~enda Item #10-B. Prioritization of Pro_iect Re~_uests. Greg Last, Director of Community Development, stated as previously discussed at prior Council meetings, there is not a direct correlation between the scheduled appearance before Council and the ranking given by Council. As this is our first attempt to formalize the Council priorities, it should not be a surprise that some items that we have been working on will be ready for action before items that have been recently determined to be priorities. Mr. Last stated it is his hope and expectation that over time there will be a more direct correlation between Council's desired priorities and staff's projected schedule for completion. Councitmember Muller suggested a committee be appointed to go through the list and suggest priorities. The City Manager asked Council to rake the priorities and bring back at the next meeting for prioritizing. A~,enda Item #12. Adlournment The meeting was adjourned at 10:00 p.m. by Mayor Rick Stacy. Ma~"~r 'P3 ck ~;tacy ATTEST: Sandra L. LeGrand City Secretary REGULAR CITY COUNCIL MINUTES OF 11/19/96 MEETING PAGE 14 Ms. Sandra LeGrand O O City Secretary City of Southlake ( 9 Via Fax: 817 -488 -6796 OFFICE OF CITY SECRETARY Dear Ms. LeGrand: I would like this letter read this evening at the City Council Meeting: I feel that the approval of the Bob Jones Park Plan by the Southlake City Council should be postponed until the following issues are resolved: 1. The Master Trail Plan is amended to refer to the trail parallel to the equestrian trail on Corps of Engineer property as a hiking Ira instead of a hike and bike trail, and that it is clearly stated that this will be a soft - surface trail. The Park and Recreation Board is fully capable of making a recommendation now that this change be enacted. 2. That the lit parking lot at the corner of White Chapel be removed from the plan in that it is unnecessary, unfair to the neighborhood and causes pollution to the rural atmosphere in North Southlake. I believe a public mandate to preserve as much of Southlake's rural atmosphere was clearly evident at the meetings held to obtain community opinion. One need only review any of the videos made it-. these meetings to appreciate the high degree of emotion and strength of opinion expressed. Both of the above mentioned items are in direct orroosition to the voters' and faxaavers' clear desires. In addition, while I much appreciate the time and effort put forth to develop this plan to its current state, the overall issue of preserving as much of the City's unique rural lifestyle is more than worthy of any extra time these changes would add to the process. Very truly yours, irt ttLe- Marjorie A ielke 1090 Burney Southlake, TX 76092 817- 488 -0544 • City of Southlake, Texas MEMORANDUM November 15, 1996 TO: Curtis E. Hawk, City Manager FROM: Bob Whitehead, Director of Public Works SUBJECT: Authorize City Manager to Amend the Professional Services Agreement with Cheatham and Associates for Preparation of Plans for Sewers to include Preparation of Pavement Reconstruction Plans in Diamond Circle Estates 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 allocated funds in the FY96 -97 Budget for 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 located in Diamond Circle Estates. After a brief slide presentation which showed some of the current street 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). 5D -1 MEMORANDUM CURTIS E. HAWK DIAMOND CIRCLE ESTATES NOVEMBER 15, 1996 PAGE 2 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 neighborhood representative has sent a letter stating that the majority of the neighborhood would accept Option 3. 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 COMMENTS Public Works Staff would recommend that City Council consider Option 3 for the street reconstruction and moving the sanitary sewer location to under the pavement. This recommendation is based upon the October 16, 1996 public meeting, and 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: 1) behind the curb $465,250.00 2) under the pavement $376,250.00 Total Savings . $89,000.00 5D -2 MEMORANDUM CURTIS E. HAWK DIAMOND CIRCLE ESTATES NOVEMBER 15, 1996 PAGE 3 Staff would recommend that City Council authorize the City Manager to amend the professional services agreement with Cheatham and Associates for preparation of plans for sewers to include preparation of pavement reconstruction plans in Diamond Circle Estates using design Option 3 (asphalt). Staff requests that this item be placed on the November 19, 1996 Regular City Council Agenda for City Council's consideration. B /ls attachment: agreement C: \WPWIN6O \WPDOCS \SUBDIV \D CIRCLE \ST- RECON,4ME 5D-3 City of Southlake, Texas MEMORANDUM November 15, 1996 TO: Curtis E. Hawk, City Manager FROM: Bob Whitehead, Director of Public Works SUBJECT: Commercial Developers Agreement with Heritage Industrial Park, Block A, located at S. H. 26 and E. Continental Blvd. BACKGROUND The commercial developers agreement for Heritage Industrial Park is attached. The usual requirements for performance bonds, letters of credit or cash escrow, and indemnification are incorporated in the agreement. Trammell Crow Company is or has purchased Heritage Industrial Park from Darr Equipment Company. Trammell Crow has a "leasee" for the Southlake portion of the tract. As the only access to S.H. 26 will be E. Continental Blvd. at the railroad crossing which has already been constructed, the Southlake portion of Heritage Industrial Park is the "key" to the opening of the entire park. For water and sewer services, Trammell Crow would prefer not to enter into an interlocal agreement with a neighboring city. Trammell Crow is proposing: 1. Sanitary Sewer a. They will install a lift station and a force main to pump the sewage to be treated by the Bank Street Treatment Plant. This will be at 100% developer costs. [See page 10A -6, Contsum Table, item numbers 5 and 6.] 2. Water Service a. Developer will need to extend a 12 -inch water main from the end of Commerce St. Normally, the developer is required to pay 100% of the costs for a water extension with any main greater than an 8 -inch line. The oversizing is paid by the City over a five year period. Therefore, instead of the developer's proposal of 100% which has the City funding $160,000, the City's share would be in the range of $20,000 to $30,000. [See Contsum Table, item number 3.] 3. E. Continental Blvd. Paving a. Developer is asking for 50% participation in the cost of paving E. Continental Blvd. to ultimate cross - section which is a four -lane boulevard section with center turn lanes. The developer owns the adjacent property on both sides of the street. E. Continental Blvd. will be the major entrance to the industrial park. The only other comparable street built during a development of property is Versailles Addition on the west side of S. Carroll 10A -1 MEMORANDUM CURTIS E. HAWK DA FOR HERITAGE INDUSTRIAL PARK, BLOCK A NOVEMBER 15, 1996 PAGE 2 Ave. The developer of Versailles built, as part of their development agreement, one- half /two lanes of the ultimate four -lane pavement with the City agreeing "to waive all perimeter street fees and /or roadway impact fees chargeable to the Versailles Addition". An adjacent city, Grapevine, charges in a similar situation one -third of the cost to the property owner on each side of the street with the City paying one - third. Thererore, the maximum cost that the Staff has informed the developers to recommend to City Council would be for the City to pay one -third of the cost of constructing E. Continental Blvd. These figures were derived from the attached table of cost estimates which illustrate the City's one -third share would be $184,333 [33% of $553,000 which is the sum of items 1 and 2 of Contsum Table]. 4. State Highway 26 Improvements a. Assuming that the Heritage Industrial Park is not built then, whenever the City would connect E. Continental Blvd. to S.H. 26 the City would need to provide similar improvements, i.e., widening of S.H. 26 to provide a turn lane, acceleration and deceleration lanes, and signalization. Due to the railroad crossing and the pavement is connected to S.H. 26 being already established, there is really no need for the developer to obtain a permit from TxDot; therefore, there will be no requirement to make improvements to S.H. 26 for the Southlake development. A Traffic Impact Analysis (TIA) has been conducted of the area. The TIA specifies that the proposed improvements are necessary for the total development of which 80% is in the City of Grapevine. Based upon the attached TxDot Permit to Construct Access Driveway Facilities (attachment "A "), TxDot will "require when a traffic signal is warranted" someone other than TxDot to fund the engineering, signalization of the intersection and any alteration to S.H. 26 necessitated by E. Continental Blvd. According to the "permit ", the City of Grapevine has "tentative conditional approval" for the installation. If the developer pays 50% of the cost of the traffic control facilities on S.H. 26, it will probably be more than the City can require. However, after several discussion with the City of Grapevine's staff, we learned that Grapevine will require the S.H. 26 /Continental Blvd. intersection to be improved as part of their agreement with the developer for the 70± acres of the Heritage Industrial Park that is within Grapevine's city limits. Because Continental Blvd. will be extended in the near future to allow Southlake residents to access S.H. 26, Council may want to consider some participation in the construction of the improvements for S.H. 26. The developer is asking for 50% City participation or $111,500 of a $223,000 project. [See item 4 of the Contsum Table.] 10A -2 MEMORANDUM CURTIS E. HAWK DA FOR HERITAGE INDUSTRIAL PARK, BLOCK A NOVEMBER 15, 1996 PAGE 3 5. The developer is also asking: a. not to pay the 2% administrative and 3% inspection fees 1) This equals 5 %of $1,086,000 or $54,300. b. not to pay the Street Impact Fee which may equal $110,521.12 1) 1.66 (Industrial Park) x 165,000 ft x $403.509/1,000ft 6. Trammell Crow is asking: a. $404,000 cash (Contsum Table) +164,821 (waivers), for a total of $568,821. COMMENTS Based upon past development agreements, City Council has agreed to pay for oversized water mains; some portion of arterial streets via the perimeter street fee, impact fee or shared construction; and sharing of signalized intersection improvements, i.e., Kimball at F.M. 1709 which was a 50 % shared project. The following table shows the developer's requests and staff's comments. ITEM ESTIMATED DEVELOPER STAFF DESCRIPTION TOTAL COST ($) REQUEST ($) COMMENTS Construction Fees 12 -inch water main 160,000 160,000 30,000 (oversizing only) sewer service 150,000 0 lift station E. Continental Blvd. 553,000 (50 ") 275,500 184,333 (one -third the cost) S.H. 26 223,000 (507) 111,500 111,500 (maximum) Construction Totals 1,086,000 548,000 325,833 Waivers 5% fees 54,300 Street Impact Fee 110,521 Waiver Totals 164,821 10A -3 MEMORANDUM CURTIS E. HAWK DA FOR HERITAGE INDUSTRIAL PARK, BLOCK A NOVEMBER 15, 1996 PAGE 4 The developer is not in total agreement with the staff and will present to City Council their reasoning. Staff requests that this item be placed on the November 19, 1996 Regular City Council Agenda for City Council's consideration. 63 7,:y7 BW /Is attachments: Crow Investment Trust Letter dated 11 -05 -96 Contsum Table TxDot permit developer agreement plat exhibit C: \ W P W IN60\ W P DOCS \COM M ER C I\H E RITAG E\ DE V -AG R. M EM 10A -4