1996-12-03 CITY OF SOUTHLAKE
667 NORTH CARROLL AVENUE
REGULAR CITY COUNCIL MEETING
DECEMBER 3, 1996
iVIINUTES
COUNCILMEMBERS PRESENT: Mayor Rick Stacy; Mayor Pro Tern W. Ralph Evans;
Deputy Mayor Pro Tern Pamela Muller. Members: Scott Martin, David Harris, Gary Fawks, and
Wayne Moffat.
CITY STAFF PRESENT: Curtis E. Hawk, City Manager; Shana Yelverton, Assistant City
Manager; Kevin Hugman, Assistant to the City Manager; Lou Ann Heath, Director of Finance;
Bob Whitehead, Director of Public Works; Ron Harper, City Engineer; Greg Last, Director of
Community Development; Karen Gandy, Zoning Administrator; Kim Lenior, Director of Parks
and Recreation; Billy Campbell, Director of Public Safety; Wayne K. Olson, City Attorney; and,
Sandra L. LeGrand, City Secretary.
INVOCATION: Mayor Pro Tem W. Ralph Evans.
WORK SESSION: The work session was held to discuss agenda items by Council and staff.
The Regular City Council meeting was called to order at 6:05 p.m. on December 3, 1996.
Agenda Item #2-A. Executive Session
Mayor Rick Stacy advised the audience that Council would be going into executive session
pursuant to Chapter 551 of the Texas Government Code Sections 551.071, 551.072, 551.074,
551.076 of the Open Meetings Act, to seek the advice of the City Attorney with respect to pending
and contemplated 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 6:07 p.m.
Council returned to open session at 7:15 p.m.
Agenda item g2-B. Action Necessary/Executive Session
No action was necessary as a result of the executive session.
Agenda Item #3. Approval of the Minutes of the November 19, 1996 City Council Meeting
REGULAR CITY COUNCIL MINUTES OF THE 12/03/96 MEETING PAGE 1
Motion was made to approve the Minutes of the Regular City Council meeting held on November
19, 1996, with minor revisions as presented.
Motion: Evans
Second: Martin
Ayes: Evans, Martin, Harris, Muller, Moffat, Stacy
Nays: None
Abstention: Fawks
Approved: 6-0-1 vote
Agenda Item #4-A. Mayor's Reoort
Mayor Stacy reported on the Annual Tarrant County Mayor's Council Holiday Dinner, stating
most all Councilmembers and significant others were present and enjoyed the dinner and program.
Agenda Item #4-B. City Man~,er's Report
Curtis Hawk, City Manager, noted he will miss the next City Council meeting as he will be out
of the country on vacation in Africa. He stated while he is gone, Shana Yelverton, Assistant City
Manager will be in charge.
Councilmember Scott Martin announced that once again Southlake employees are
at the top of the list for municipality per capita giving to the United Way, with
Southlake employees averaging $85.28 per capita. He commended the employees
and this year's chair, Kim Lenior and her committee, comprised of co-chair Mike
Ishmael, Tracy Southers, Lauren Safranek, Warren Wright, Shani Ihnfeldt, Renni
Burt, Ricky Black, Laurie Sheets, Cindi Tripp, Stefanie Sarakaitis, and Ricky
Hunter. He stated the Councilmembers who participated had a great time.
Aeenda Item #4-C. SPIN Report
David Baltimore, SPIN Chair, was present and made a brief report, thanking the City
Councilmembers for their support of the SPIN program during this year and stating they hope that
1997 will be more productive.
Mayor Stacy reported changes to the agenda: Item #7-C will be tabled; Item #7-D
will be remanded back to the Planning and Zoning Commission; Item #7-E will
be tabled; Item #8-B will be tabled to December 17, 1996 meeting; Item #9-A will
be moved to the consent agenda with the modification that the moratorium will not
apply to non-residential PUD's.
Agenda Item #5. Consent Agenda
The consent agenda consisted of the following items:
REGULAR CITY COUNCIL MINUTES OF THE 12/03/96 MEETING PAGE 2
5-A. Award of bid for replacement of chain-link fences at Bicentennial Park.
5-B. Award of bid for water and paving improvements for Hilltop Acres and Kidwell Addition.
5-C. Authorize the Mayor to enter into a Professional Services Agreement with FlexCorp to
administer Section 125 Flexible Spending Account.
Resolution No. 96-70, authorizing the City Attorney to proceed with condemnation of the
Brunson property described as being apart of Tract lB of the Littleberry G. Hall Survey,
Abstract No. 686.
5-F. Expense Reimbursement Policy for Councilmembers, pursuant to the City of Southlake
Home Rule Charter, Section 2.05.
5-G. Travel Policy for City Employees.
9-A. Resolution No. 96-71, moratorium on assisted care living facilities.
Motion was made to approve the consent agenda items as listed above, with the addition of item
#9-A, that the moratorium will not apply to non-residential PHD's.
Motion: Harris
Second: Evans
Ayes: Harris, Evans, Fawks, Moffat, Martin, Stacy
Nays: None
Approved: 6-0 vote (Councilmember Muller was out of the room and did not vote)
ADDITIONAL INFORMATION ON CONSENT ITEMS
City Council authorized staff to request bids for the chain-link fencing on the older
bailfields at Bicentennial Park which need to be replaced. The bid announcement
was advertised on November 10 and 17. Bids were mailed to 30 area vendors.
Staff recommends the low bid by American Tennis Court Contractors Inc. of
Arlington be awarded the contract, at a price of $39,026. The budget for this
project was $42,213.
Award of bid for water and paving improvements for Hilltop Acres and Kidwell Addition.
There are a few remaining areas in the City served by water mains less than six-inches in
diameter. In order to provide better fire flows in these areas, larger water mains are
needed. The Hilltop Acres and Kidwell Additions to the City of Southlake are located at
the north end of Ridgeerest Drive. Council did budget funds for the improvements of the
water system and to concurrently repave the streets. Funds were budgeted in the FY 95-96
Capital Projects, however, the engineering contract was not awarded until late spring,
REGULAR CITY COUNCIL MINUTES OF THE 12/03/96 MEETING PAGE 3
therefore, plans were not completed until the end of the summer. Cheatham and
Associates, Inc. has tabulated the bids. Eleven bids were received with the low bid
submitted by Sutton and Associates. Staff recommends that the City Council award the
low bid received from Sutton and Associates for water proposal, water improvements and
alternate bid, paving and drainage improvements for the total bid amount of $197,448.09.
Professional Services Agreement with FlexCorp to administrator Section 125 Flexible
Spending Account. The Human Resource Department requested and accepted proposals
for 125 plan administrators during our insurance RFP process in September. Based on the
information submitted, a recommendation was made to award the agreement to FlexCorp
as its 125 plan administrator. The estimated cost to the City for 1997 is $4,158 assuming
31 employees participate in the premium conversion and 50 employees participate in a
reimbursement account.
This item was removed from the agenda.
Resolution No. 96-70, authorizing the City Attorney to proceed with condemnation of the
Bmnson property described as being part of Tract lB of the Littleberry G. Hall Survey,
Abstract No. 686. This property was shown as "future acquisition" on the Bicentennial
Park Master Plan recently approved by the City Council. Per this Master Plan, the
property will primarily be used for ballfields, parking and driveways and is needed to
complete Phase II of the Bicentennial Park expansion plans.
Policy for reimbursement of Council expenses pursuant to Southlake Home Rule Charter,
Section 2.05 was approved.
Travel Policy Guidelines for City Employees was approved, replacing an older policy.
Resolution No. 96-71, a resolution declaring a ninety (90) day moratorium on the approval
of assisted care living centers was approved, giving staff reasonable time to review the
provisions of the assisted care living centers in the Comprehensive Zoning Ordinance
related to within the city and to take appropriate action as may be required to protest the
public health, safety and welfare with regard to the prohibition of such centers.
A_eenda Item//6. Public F0rom
During the public forum, Christopher R. Cuny, 503 Scenic Place, Heath, Texas. Mr. Cuny spoke
with regard to the Site Plan for Kingsly Place, stating they have been working on bringing in a
plan since June, 1996, adding, they felt like they had been instructed as staff felt was appropriate.
Based on the reaction of the Planning and Zoning Commission, it was clear that the location is not
a desirable one. In order to give them time to make serious modifications to their plan, they wish
to withdraw agenda item//7-E, allowing them the opportunity to go back to the drawing board and
REGULAR CITY COUNCIL MINUTES OF THE 12/03/96 MEETING PAGE 4
reconsider their options. Mr. Cuny stated they will resubmit a plan after the first of the year.
Aeenda Item #7-A. ZA 96-143. Revised Site Plan for PetsMart in Villaee Center
ZA 96-143, Revised Site Plan for PetsMart, on property legally described as Lot 3, Block 2,
Village Center, Phase II, an addition to the City of Southlake, Tarrant County, Texas, according
to the plat recorded in Cabinet A, Slides 3095 and 3096 Plat Records, Tarrant County, Texas.
Current zoning is "C-3' General Commercial District. Applicant: Casco. Owner: PetsMart.
SPIN Neighborhood #4.
According to Karen Gandy, Zoning Administrator, five (5) notices were sent to property owners
within the 200' notification area and one (1) written response has been received from Lisa
Stokdyke, President of Keep Southlake Beautiful, opposed, as resident cites concerns regarding
tree preservation.
Don Silverman, Midland Development, 15935 Bent Tree Forest Circle, Dallas. Mr. Silverman
stated he is here representing PetsMart and reviewed the items in the third summary review letter
dated November 27 1996. He stated with regard to parking, they will correct the plan to show
194 spaces. The location and orientation of intended lighting, will be similar to what is provided
in Home Depot. At this point, they do not have all the sites for lighting fixtures. He stated when
they asked for approval of this site originally, they did not have a specific tenant, but they wanted
to try and get everything in place. The building is now 37,496 sq.ft., which has changed the front
of the building from 160' to 185', and reduced the bufferyard he committed to on the south side
of the building. He stated he has tried to do some things on the building that would serve as a
trade-off. The front of the building is in compliance accept for the horizonal articulation, which
is two (2) feet off, according to Greg Last, Director of Community Development.
Mr. Silverman stated the south side of the building is pretty close to the original plan, accept for
the roof which is off one foot vertically and one foot horizontal.
Councilmember Pamela Muller stated at the time the original plan was presented,
the ordinance did not address zero lot lines and Mr. Silverman brought it to
Council's attention, and they appreciated that, but to be fair and equitable to all
developers in the community, they started discussing what happens to bufferyards
and side yards. It was agreed to that the bufferyard would be a total of five feet
but is included in the two side yards at fifteen feet each would then be moved to
the south. And now, Mr. Silverman has created a situated and asking Council to
give a variance to the gentlemen's agreement with Council at the April 2, 1996
City Council meeting.
Mr. Silverman stated he agreed to move the bufferyards required to the south side. Ms. Muller
asked Silverman to make a commitment to the trees and open space. She stated it is not her place
to design the plan. Mr. Silverman stated he runs into conflicts sometimes when he is trying to
REGULAR CITY COUNCIL MINUTES OF THE 12/03/96 MEETING PAGE
do some things for the client and some things for the City. It is a difficult situation. He stated
he is prepared to move the street (driveway easement) as far as he can. He is prepared to move
the street six feet and get twenty feet on the south side.
Public Hearing:
Torrent Hom, 1215 Ashmore Court, Southlake. Mr. Horn asked what Mr Silverman is going to
do for the citizens who live on the north side of SH 114 and have to look at the back of the Kroger
Market. He went on to say that everything looks beautiful if you live on F.M. 1709.
Councilmember Pamela Muller stated the City has added additional plantings and
a six foot berm.
Public Hearing closed.
Motion was made to approve ZA 96-143, pursuant to the Site Review Summary letter dated
November 27, 1996; relocating all the required planting materials on both five foot type
bufferyards along the south property line to other areas within the designated site for the
PetsMart; deleting item #5, accepting the screening wall as shown; item #6, accepting the
articulation as shown; item #7, also expanding the bufferyard on the south side of the PetsMart
building to a width of 20'; item #8, accepting the variance continuance to the 70' throat depth for
the common access drive off of Village Drive.
Motion: Martin
Second: Evans
Ayes: Martin, Evans, Fawks, Muller, Moffat, Harris
Nays: Stacy
Approved: 6-1 vote
Aeenda Item #7-B. Ordinance No. 643. 2nd Reading Door-To-Door Solicitation
Ordinance No. 643, 2nd Reading, an ordinance requiring registration of door-to-door solicitors,
requiring identification badge, and providing regulations as discussed in second reading. Curtis
Hawk, City Manager, noted the City Attorney, Wayne Olson, Billy Campbell, Director of Public
Safety and Councilmember David Harris met and discussed the issues involved in the ordinance
in order to provide everyone with a better understanding of the purpose of this ordinance, and also
to try to include the individual Councilmember's concerns, in a document that would accomplish
the intent of the ordinance.
Public Hearing:
REGULAR CITY COUNCIL MINUTES OF THE 12/03/96 MEETING PAGE 6
Ann Essig, 315 Dove Creek Trail, Southlake. Ms. Essig asked Council how this ordinance will
affect non-profit organizations such as the Boy Scouts.
Councilmember Harris commented the ordinance is different for minors. The adult
sponsor will obtain the permit. They must register but do not have to pay a fee.
Public Hearing closed.
Motion was made to approve Ordinance No. 643 2nd reading with the modification in Section 8B,
to limit final approval to the City Secretary.
Motion: Harris
Second: Fawks
Mayor Stacy read the caption of the ordinance.
Ayes: Harris, Fawks, Muller, Moffat, Evans, Stacy
Nays: None
Approved: 6-0 vote
Councilmember Martin left the room and did not vote.
Agenda Item #7-C. Ordinance No. 645. 2nd Readine Distribution of Handbills
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 discussed.
Motion was made to table Ordinance No. 645, 2nd Reading, for an indefinite period of time.
Motion: Harris
Second: Fawks
Ayes: Harris, Fawks, Muller, Moffat, Evans, Stacy
Nays: None
Approved: 6-0 vote (to table)
Councilmember Martin was out of the room and did not vote.
Agenda Item #7-D. Resolution No. 96-51 (ZA 96-7B. S_necific Use Permit For Outside
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 of land situated in the John N. Gibson Survey, Abstract No. 591.
Current zoning is "I-1" Light Industrial District. Owner: Joseph Hart. Applicant: Scott and
Carol Malone.
Motion was made to remand Resolution No. 96-51 (ZA 96-71), back to the Planning and Zoning
REGULAR CITY COUNCIL MINUTES OF THE 12/03/96 MEETING PAGE 7
Commission at their December 19, 1996 meeting and continue the public hearing at the request
of the applicant.
Motion: Fawks
Second: Harris
Ayes: Fawks, Harris, Evans, Muller, Moffat, Martin, Stacy
Nays: None
Approved 7-0 vote (to remand back to P&Z)
Anenda Item/fT-E. ZA 96-138. Site Plan for Kin_nsley Place (Assisted Living Care 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.
Public Hearing: No comments were received.
Motion was made to accept the withdrawal of ZA 96.138, at the request of the applicant.
Motion: Martin
Second: Harris
Ayes: Martin, Harris, Evans, Muller, Fawks, Moffat, Stacy
Nays: None
Approved: 7-0 vote (to accept withdrawal)
Agenda Item #8-A. Ordinance No. 480-219 IZA 96.124} 1st Readine
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
Southlake JV. SPIN Neighborhood #10.
Karen Gandy, Zoning Administrator, commented that five (5) notices were sent to property
owners within the 200' notification area and one (1) written response has been received from
Juergen Strunck, Post Office Box 92685, Southlake, opposed. Since his response, Mr. Strunck
has received answers to his question, and he no longer is opposed to this zoning and concept plan.
David McMahan, representative of the applicants, 1335 Hidden Glen, Southlake. Mr. McMahan
stated he agrees to an eight foot fence of wooden shadow box type with brick or stone columns.
REGULAR CITY COUNCIL MINUTES OF THE 12/03/96 MEETING PAGE 8
They are requesting a 40' variance to the set back on F.M. 1709 and they agree to a "right" out,
"left" out and "right" in only. Mr. McMahan sated with this submittal, they are talking about
Phase I. Phase I will consist of a 16,727 sq.ft, building; Phase II, a 9,800 sq. ft. building; and
Phase III, a 7,000 sq.ft, building. With Phase I, they are using land area of 3.5 acres, and when
complete, they hope for a five acre site. The buildings are proposed to be single story, with the
back of the building facing F.M. 1709. The structures will be brick or stone. The placement of
the buildings are as follows: Phase I, building in the back; Phase II, front building; and, Phase
III will depend on the Carroll Avenue roadway.
Tommy Pigg, 2301 Cedar Springs, Dallas. Mr. Pigg sated he is a partner in the M & M Group,
Inc., stating they would like to maintain a comer, and if Carroll Avenue changes the alignment,
they will no longer have a comer.
Councilmember David Harris asked Mr. Pigg, if he stated, "if he lost the comer,
he would sue the City for damages." Mr. Pigg stated "no."
It was noted that the impervious coverage of this property is 47% including the buildings, parking
lots, etc., however, the impervious area will increase with the addition of sidewalks.
Councilmember Moffat sated he would not have a problem if this were proper in
the corridor overlay and land use map, however, this plan is in conflict with both.
Council adjourned for recess at 8:50 p.m.
Council returned to open session at 9:05 p.m.
David McMahan sated, given the situation tonight, in which he was unaware, he requested this
item be tabled until the December 17, 1996, City Council meeting.
Motion was made to able Ordinance No. 480-219 (ZA 96-124), at the request of the applicant,
time certain December 17, 1996 City Council meeting.
Motion: Martin
Second: Evans
Ayes: Martin, Harris, Evans, Fawks
Nays: Muller, Moffat
Abstention: Sacy
Approved: 4-2-1 vote (to able)
Agenda Item #8-B. ZA 96-149. Plat Revision of Lot 1R1. Block 1. W.E. Mavfield Addition
ZA 96-149, Plat Revision for the proposed Lot 1R1, Block 1, W.E. Mayfield Addition, being a
revision of Lot 1El, W.E. Mayfield Addition and being approximately 0.892 acres situated in the
Samuel Freeman Survey, Abstract No. 525, and the Thomas Easter Survey, Abstract No. 474.
Current zoning is "C-2" Local Retail Commercial District. Owner and Applicant: Liberty Bank.
REGULAR CITY COUNCIL MINUTES OF THE 12/03/96 MEETING PAGE 9
SPIN Neighborhood #7.
Motion was made to table ZA 96-149, at the request of the applicant, time certain December 17,
1996.
Motion: Martin
Second: Harris
Ayes: Martin, Harris, Evans, Fawks, Muller, Moffat, Stacy
Nays: None
Approved: 7-0 vote (to table)
?~genda Item #8-C. Ordinance No. 506-B. 1st Reading. Amending the Si_~n Ordinance No.
~06-A. Readerboard Signs.
Curtis Hawk, City Manager, stated with regard to Ordinance No. 506-B, 1st Reading, it is an
ordinance amending the Sign Ordinance No. 506-A, by deleting readerboard signs from Section
19. If Council acts on the ordinance, no readerboard signs will be permitted. If we want to allow
variances to readerboard signs, we must change the ordinance prior to second reading.
Councilmember Moffat stated he would like the option of granting variances in
case Council wants to give one.
Motion was made to approve Ordinance No. 506-B, 1st Reading, amending the sign ordinance
to include the stipulation as noted in Section 14 to include the ability to grant variances within the
revision to the ordinance.
Motion: Martin
Second: Moffat
Mayor Rick Stacy read the caption of the ordinance.
Ayes: Martin, Moffat, Harris, Evans, Fawks, Muller, Stacy
Nays: None
Approved: 7-0 vote
Agenda Item #10-A. Schedule for Master Plans and Ordinances.
Curtis Hawk, City Manager, stated staff needs some direction as to how they should proceed with
the list of master plans and ordinances and other new items added the to mix. Each month staff
could update the list adding things that come up.
Councilmember Gary Fawks stated he appreciates the amount of staff time this
process has taken. He believes this is setting a pace. He asked that staff go
forward with the landscape ordinance. He suggested the City Council discuss, if
they wish, setting up a temporary planning commission. He wants to know the
level of interest by the City Council, and if they need to take action.
REGULAR CITY COUNCIL MINUTES OF THE 12/03/96 MEETING PAGE 10
Councilmember Scott Martin stated he supports a temporary planning commission,
with a "sunset clause." Councilmember Fawks stated he feels there are those on
the Planning and Zoning Commission who would want to participate and others in
the community.
According to the City Manager, the Charter status Council can set a separate planning and zoning
commission. He feels we should hire some help or new staff members.
Councilmember David Harris noted more staff would be adverse on the budget, as
personnel is our highest expense. We need to look at the bottom line.
Curtis Hawk stated he will prepare a draft of the budget impact and how it would
work and present to Council at the first meeting in February.
Mayor Rick Stacy stated he would like the report to show when and where the
committee would meet if we had one.
Agenda Item #10-B. Developer Agreement with Southlake Woods. Phase IA
Bob Whitehead, Director of Public Works, led the discussion with regards to the Developer
Agreement with Southlake Woods, Phase IA, stating the usual requirements for performance
bonds, letters of credit or cash escrow and indemnification are incorporated in the agreement. A
copy of the memorandum from Mr. Whitehead, dated November 27, 1996, stating the issues is
hereby attached to the minutes of this meeting.
Barry Dupee, representing Toll Brothers, was present to answer questions of Council.
A discussion was held with regard to West Continental Blvd., and the configuration of the
.~way as a partial three lane roadway.
Mayor Stacy stated the City only has so much money and this is not our only
project this fiscal year.
Motion was made to table the developer agreement for Southlake Woods at the request of the
developer, time certain December 17, 1996, giving the city and the developer time to work out
some of the issues prior to approval.
Motion: Martin
Second: Harris
Ayes: Martin, Harris, Evans, Fawks, Muller, Moffat, Staey
Nays: None
Approved: 7-0 vote (to table)
Aeenda Item #11-A. Discussion: Contract for Solid Waste and Recyclables Collection
REGULAR CITY COUNCIL MINUTES OF THE 12/03/96 MEETING PAGE 11
Shana Yelverton, Assistant City Manager, stated the City's contract with Laidlaw Waste Systems,
Inc., for refuse and recyclable collection will expire on April 30, 1997. She added, a staff
committee consisting of Bob Whitehead, LouAnn Heath and herself was been working of this
project. A copy of the memorandum provided by Shana Yelverton to the City manager dated
November 22, 1996 is hereby attached to the minutes of this meeting.
Curtis Hawk stated considering the contract date of expiration, it may be advantageous to look at
trying to consider an extension of the contract. Councilmembers David Harris, Scott Martin, and
Pamela Muller agreed to work with the staff with regards to the contract.
Councilmember Ralph Evans stated Laidlaw did a good job and took over a
contract that was already inforee. At the time, their were 1,400 households and
now there are 5,100 households.
Assistant City Manager Shana Yelverton will pursue the negotiations on the contract.
Aeenda Item #12. Adjournment
The meeting was adjourned at 10:30 p.m. by Mayor Rick Stacy.
L. LeGrand
City Secretary
d: lwp-fileslcc-12-O3-961min Isl
l~la~r/Rick Stacy
REGULAR CITY COUNCIL MINUTES OF TIlE 12/03/96 MEETING PAGE 12
AGUIRRE CORPORATION
12700 PARK CENTRAL DR FLOOR 15
DALLAS TEXAS 75251
November 27, 1996 FAX 972 788 1583
PHONE 972 788 1508 AGUIRR
THE CAN -DO SPIRIT THAT GETS THE JOB DONE
BUILDING SOLUTIONS SINCE 1960
The Honorable Rick Stacy
Mayor - City of Southlake
1725 East Southlake Blvd.
Southlake, TX 76092
Mayor Stacy,
I want to thank you for the time you spent with me last week to discuss our
assisted living project at Peytonville and Southlake Blvd.. I now have a much
better understanding of the issues and concerns surrounding our site.
Apparently we did not do an adequate job of explaining our plans, and a less
adequate job of listening to the citizens concerns. We have gone back to our
client and are re- evaluating our options, and hope to have some solutions to our
development plans. It is our intent to work with you and the council, the Planning
and Zoning Commission and the citizens of Southlake to find common ground,
and to gain acceptance by the community at large. It is senseless for us to
pursue a course which will ultimately damage our relationship with the city and
the community for which we hope to serve.
We believe that there is definitely a need for our type of facility, and based on
our initial meetings with city staff, we understood that we were in general
compliance with the zoning and applicable ordinances and restrictions. We
must, and are, now in the process of defining the appropriate modifications and
alterations to our facility, site and overall project. We currently plan to attend the
Tuesday City council meeting to explain our position and to seek guidance and
input for these modifications and alterations. It is very unlikely that we will ask
the City Council to vote or overrule the P &Z's decision. We heard the message
from the Planning & Zoning commission and those citizens who took the time to
become involved and are eager to work together in a spirit of cooperation.
We look forward to providing your city a facility that is desirable, accepted and
supported by the City of Southlake.
Si cprely,
1
Christopher R. uny, P.E.
Director of E ineering
Associate
City of Southlake, Texas
MEMORANDUM
November 27, 1996
TO: Curtis E. Hawk, City Manager
FROM: Bob Whitehead, Director of Public Works
SUBJECT: Developers Agreement with Southlake Woods, Phase 1A, located North of W.
Continental Blvd., West of S. Peytonville Ave., East of Davis Blvd. (F.M.
1938), and South of W. Southlake Blvd. (F.M. 1709)
Background
The residential developers agreement for Southlake Woods, Phase 1A (Goode Airport Property)
is attached. The usual requirements for performance bonds, letters of credit or cash escrow, and
indemnification are incorporated in the agreement.
I. W. Continental Blvd. Reconstruction Issues:
The intent of the Developer and City is to reconstruct W. Continental Blvd. from Davis
Blvd. to S. Peytonville Ave. to provide for better traffic flow for the addition's entrance,
CISD's Carroll Elementary School, and residents of the area. Therefore, this agreement
provides that the Developer will reconstruct, complying with all applicable state and local
laws and procedures, W. Continental Blvd. in two phases to provide the following street
improvements:
A. Phase I: Davis Blvd. to Deer Hollow Drive (entrance to Southlake Woods)
1. provide three lanes at Davis Blvd. extending to the east to provide a left -
turn lane onto Davis Blvd.,
2. provide three lanes including a left -turn lane at Deer Hollow Drive, and
3. provide repairs to the base and overlay with asphalt the remaining street
between (1) and (2) above.
B. Phase II: Deer Hollow Drive to S. Peytonville Ave.
1. Provide a three lane street (two travel lanes and one left -turn lane), meeting
all the City requirements in compliance with the existing Thoroughfare
Plan.
10B -1
MEMORANDUM
CURTIS E. HAWK
DA FOR SOUTHLAKE WOODS, PHASE 1A
NOVEMBER 27, 1996
PAGE 2
II. W. Continental Blvd. Cost Contributions:
The City will:
A. waive the collection of applicable Street Impact Fees (Ord. 657). The current
value of this waiver is $147,200 (128 lots x $1,150 /lot).
B. FY96 -97 Capital Project Budget included $158,945 for reconstructing W.
Continental Blvd. to the "interim" standard (28.6% of the $555,570 total budget
for W. Continental Blvd. from Davis Blvd. to S. White Chapel Blvd.) Following
the street special assessment procedure, the City will reimburse the Developer up
to this amount upon the completion of Phases I and II construction.
C. Waive the 3% construction inspection fee and the 2% administration fee on the
cost of constructing W. Continental Blvd. The estimated value of this waiver is
5% x 465,000 which is equal to $23,250.
Comments
The attached letter from Toll Brothers, Inc. request that they only participate in the improvements
to W. Continental Blvd. in the amount of the Impact Fees or $147,200. The total estimated City
cash outlay, as proposed by Toll Brothers, would be $484,563 minus $147,200 or $337,363.
A comparison of the request from Toll Brothers and the staff is as follows:
Description Toll Brothers City Staff Difference
total cost of project to City 484,563 329,395 ( -) 155,168
waive impact fees 147,200 147,200 0
waive 5% of street cost 0 23,250 ( +) 23,250
City cash outlay 337,363 158,945 ( -) 178,418
10B -2
MEMORANDUM
CURTIS E. HAWK
DA FOR SOUTHLAKE WOODS, PHASE IA
NOVEMBER 27, 1996
PAGE 3
Please place the developers agreement with Southlake Woods, Phase 1A, on the December 3,
1996, Regular City Council Agenda for City Council's review and consideration.
BW /ls
attachments: Toll Brothers, Inc. Letter
Construction Cost Table
Developers Agreement
Plat Exhibit
C:\ WPWIN60 \WPDOCS S UBDIV\SL- WOODS\DBV- AGR.MEM
•
108_3
TOLL BROTHERS, INC.
4010 Eider Drive
McKinney, Texas 75070
Mr. Bob Whitehead
CITY OF SOUTHLAKE 25 November 1996
667 North Carroll Avenue
Southlake, Texas 76092
REF: Southlake Woods, Phase IA - Developer's Agreement
Dear Mr. Whitehead,
This letter is two fold in its intent. The first is to request admission onto the Town Council Meeting
agenda for December 3, 1996, to seek approval for our Phase IA of the Southlake Woods development.
The second is to request the amendment of pages 10 and 11 of the Developer's Agreement, as drafted by
your office, to coincide with the provisions from the Southlake Town Council meeting of 01 October 1996.
We respectfully request the Developer's Agreement to be amended to reflect the following agreed to
provisions:
1. Toll Brothers agreed to `participate' in the improvements to Continental Boulevard in the amount of
the impact fees for the project.
2. Toll Brothers will construct, at own expense, the turn lane at Davis Street and the turn lane at the
project's intersection.
3. Toll Brothers will act as General Contractor for the improvements, passing along any savings to the
City of Southlake.
The improvements are yet to be engineered, however preliminary drafts have been presented to the City of
Southlake's Department of Public Works for review. Some version of a three lane road (includes center
turn lane) improvement is expected as the final approved design. Toll Brothers and their engineer, Post,
Buckley, Schuh & Jernigan, Inc. are currently working with City staff to finalize the engineering.
' espec u s,
`
Jerry R St ne RECEIVED
Project : ger, . uthlake Woods
Nov 251996
DEPT. OF PUBLIC WORKS
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City of Southlake, Texas
M EIYLORANDUM
November 22, 1996
TO: Curtis E. Hawk, City Manager
FROM: Shana K. Yelverton, Assistant City Manager
SUBJECT: Contract for Solid Waste and Recyclables Collection
The city's contract with Laidlaw Waste Systems, Inc. for refuse and recyclable collection will
expire on April 30, 1997. Recognizing that garbage and recycling collection affects several of
the city's functional areas, a staff committee was assembled to work on developing a
recommendation to the City Council regarding the provision of garbage and recycling services
beyond April, 1997. Representatives on the staff committee included Bob Whitehead, Director
of Public Works, Lynn Martinson, Chief Accountant /Budget Officer, Shani Ihnfeldt, Utility
Billing Supervisor, and me. The committee has met three times, but given the amount of
time it will take to work through all of the issues once our direction is defined, it would be
helpful to us to get City Council input and direction prior to proceeding further;
specifically, Council's position on renegotiating the contract with Laidlaw or whether the
Council would like to seek bids.
Background: The City of Southlake contracted with its first franchised refuse collector,
Lakeside Sanitation, in 1984. The original contract was extended for three years in 1987, with
a five year contract which extended through April 30, 1992. At the recommendation of an
Environmental Task Force approved by City Council, recycling services were provided by BFI
(initiated in April 1991), with the contract extending through April 1992 as well. In
anticipation of the expiration of these contracts, the City Council directed staff to seek bids.
Lakeside Sanitation was selected to provide both refuse and recyclables collection, for a
combined residential rate (garbage and recycling) of $8.45 per household. In February 1994,
this contract was assigned to Laidlaw Waste Systems, Inc., who agreed to honor its terms
through the expiration date of April 30, 1997.
Service Provision: The City of Southlake currently has 5,100 residential garbage /recycling
accounts and 320 commercial garbage /recycling accounts (per the City's October 31 billing).
Curbside pick up of garbage is provided twice weekly, and weekly for recycling. The terms of
the contract provide for a variety of other services, including bulky item pick up, brush pick
up, and others.
To gauge the level of satisfaction among residents with garbage collection, the 1995 Citizen
Satisfaction survey included questions regarding garbage service. Results indicated that
Southlake residents are generally pleased with the services provided by Laidlaw Waste
///Q-
Curtis E. Hawk
Contract for Solid Waste and Recyclables Collection
November 22, 1996
Page 2
Systems, Inc. For example, residents were presented with a list of various city services and
asked whether the service needed much, some, or no improvement. Police, fire, and garbage
service scored highest in the "no improvement" category with 81.6, 85.9, and 77.4 percent
respectively. These services ranked higher than street maintenance, street lighting, water and
sewer service, storm water drainage, and animal control. Those indicating that garbage
service needed "some improvement" totaled 18.9 percent, and those citing that "much
improvement" was needed totaled 3.7 percent. The table below illustrates these responses.
Ratings for Various City Services
Service No Some Much
Improvement Improvement Improvement
Fire Service 85.9% 12.6% 1.5%
Police Service 81.6 16.2 2.2
Garbage Collection 77.4 18.9 3.7
Sewer Service 71.3 11.9 16.8
Water Service 71.0 16.3 12.7
Animal Control 49.3 31.2 19.5
Storm Water Drainage 45.1 30.9 24.0
Street Lighting 21.8 45.0 33.2
Street Maintenance 9.6 50.2 40.2
*1995 Southlake Citizen Satisfaction Survey
When asked if the service should be a high, medium, or low priority for improvement, 18.5
percent of the respondents stated that garbage collection should be a high priority for
improvement, 42.7 percent stated it should be a medium priority, and 34.7 percent stated that
garbage collection should be a low priority for improvement. These figures illustrate that
garbage collection ranked lowest of all services as a high priority for improvement, and had
the highest percentage of all services ranked as a low priority for improvement. The following
/ /A -ra
Curtis E. Hawk
Contract for Solid Waste and Recyclables Collection
November 22, 1996
Page 3
table shows the services and the priorities given to improving those services:
Among Those Respondents Reporting That Various Services Need Much or Some
Improvement, Prioritization of Service Improvements
Service High Medium Low
Priority Priority Priority
Street Maintenance 59.1 % 35.9% 4.8%
Sewer Service 47.6 39.5 12.9
Water Service 46.2 36.5 12.8
Storm Water Drainage 45.3 39.8 14.2
Animal Control 40.4 34.5 24.3
Street Lighting 39.4 42.7 17.6
Police Service 29.6 52.0 15.3
Fire Service 29.0 49.3 20.3
Garbage Collection 18.5 42.7 34.7
*1995 Southlake Citizen Satisfaction Survey
Finally, when asked how often garbage collectors missed picking up trash on scheduled pick
up days in the past twelve months, 70.1 percent stated that their garbage had never been
missed. Those citing missed pick up 1 -2 times in the past twelve months were 19.7 percent, as
///Q-3
Curtis E. Hawk
Contract for Solid Waste and Recyclables Collection
November 22, 1996
Page 4
illustrated by the following pie chart:
Missed Pick Up
During Last Tw elve Months
(70.1 %) No, Never Missed
(2.7 %) Yes, 5 or More Times
t
(7.5 %) Yes, 3-4 Times
(19.7 %) Yes, 1 -2 Times
As you know, the staff committee has identified additional questions to be asked during the
1996 -97 citizen satisfaction survey to further explore the attitudes of Southlake residents
regarding garbage and recycling collection.
Rates: When the City of Southlake contracted with Lakeside Sanitation in 1992, the approved
rate for combined residential garbage and recycling services was $8.45 per household.
Commercial rates are based on the size of container and frequency of pick up. Lakeside
Sanitation /Laidlaw has not petitioned the City Council to raise this rate, thus rates for
garbage /recycling collection and commercial pick up have remained constant since 1992. Staff
had been approached about a potential increase in 1994, however, some service issues were
raised by a Council member and Laidlaw determined that they would not pursue their request.
We are currently in the process of surveying surrounding cities to determine the rates they are
paying, and hope to have this data available soon. (Note: This survey data is intended to
provide you with a general feel for rates in this market, however, it should be noted that rates
vary due to a number of issues, including the types of services offered, the ratio between
commercial /residential accounts, etc. Thus, the usefulness of this data is somewhat limited.)
Disposal Capacity: When analyzing the ability of a vendor to provide services at a reasonable
rate, one must consider disposal availability and control. The attached map provided by the
North Central Texas Council of Governments shows remaining landfill lifetime available to
/ /9 —
Curtis E. Hawk
Contract for Solid Waste and Recyclables Collection
November 22, 1996
Page 5
cities for residential solid waste. This map shows Southlake as having 6 to 10 years of
disposal capacity, however, should waste be diverted to the Turkey Creek Landfill, there may
be disposal capacity for 11 years or more for Southlake. Note that this map shows only
permitted landfill space. Many landfills have the capacity for expansion, but until the permit is
issued by the TNRCC, the additional life will not be shown.
The assumption can be made that the company that controls landfill space will have lower
disposal costs, so decisions about the future of solid waste collection should factor in disposal
capacity.
FYI, Laidlaw Waste Systems currently owns or is in the process of acquiring:
- Turkey Creek Landfill (Johnson County) - At least 40 years of capacity
- Sanifill -Crow (Fort Worth /Azle) - 8 years of life, with expansion opportunities (12
years) *
- Mesquite Landfill - 8 years of life, with expansion opportunities (11 years) **
*Laidlaw Waste Systems currently has a contract for the purchase of this landfill -- see
attached letter.
* *Laidlaw Waste Systems currently has a contract for the purchase of this landfill from the
City of Mesquite.
Future Contract: The City of Southlake has basically two options for the future collection of
solid waste and recyclables. First, due to the contract language that was bid in 1992, the City
could extend its current contract with Laidlaw Waste Systems, working through rate and
service issues as part of the negotiation process. The attached letter from Laidlaw illustrates
the terms it would propose should the City choose to renegotiate. Second, the City could
choose to develop a "Request for Proposals," and seek bids in the open market. If this is the
most attractive option to Council, we will need to move quickly to prepare the RFP and
provide notification to Laidlaw that we are not electing to renew the agreement.
FYI, Laidlaw is required to notify the City 120 days prior to the termination of the agreement
of its election to terminate or to renew the agreement for an additional five year period. Once
we know their intentions (which we believe will be renewal), we may have some room to
negotiate with them, not only on rate issues, but on service issues as well.
General direction is needed from the City Council to ensure that staff research and other
Curtis E. Hawk
Contract for Solid Waste and Recyclables Collection
November 22, 1996
Page 6
project activities are in general conformance with City Council preferences. Please place this
item on the City Council agenda for December 3, 1996, for discussion by City Council.
S
Attachments: Contract for Residential and Commercial Refuse Collection and Recyclable
Materials Collection
NCTCOG map - Remaining Landfill Lifetime Available to Cities
Laidlaw Letter to William Crow & Sons, Inc. & Sanifill Inc.
/ /A -1,
CITY OF SOUTHLAKE
CITY COUNCIL EXPENSE POLICY
(a) Policy statement. Section 2.05 of the Home Rule Charter of the City of Southlake provides
that the "members of the Council shall serve without pay or compensation; provided, however, that
they shall be entitled to reimbursement for expenses in the performance of their specific duties when
approved by the Council." Several organizations at the state, federal, and local levels provide
beneficial meetings and educational seminars for elected officials throughout the year. These
meetings and seminars are helpful to elected officials in fulfilling their responsibility to the citizens and
are important in fostering legislation favorable to the city. It is the policy of the city council to
encourage city council members to attend these meetings and seminars in order to more effectively
perform their official duties.
(b) Purpose. The purpose of the city council expense policy is to implement Section 2.05 of the
city charter by providing city council approval for certain expenses, requiring additional city council
approval for other expenses, and providing for the administration of city council member
reimbursements for approved expenses incurred while performing their duties.
(c) Meetings, seminars, and other travel.
(1) Events approved for city council members travel. When funds have been
budgeted, reimbursement for travel expenses of all city council members is authorized for attendance
at the following:
(A) Texas Municipal League annual meeting:
(B) Two national meetings each fiscal year from among the following:
(i) National League of Cities annual meeting;
(ii) Annual Congress of Cities and Exposition;
(iii) Other meetings as designated by a majority vote of the city council;
(C) Institute of Mayors and Council Members conducted by the Texas Municipal
League; and
(D) Local events held in the Dallas/Fort Worth Metroplex area (including Denton
and mid - cities) sponsored by the North Central Texas Council of Governments, Texas Municipal
League, or the State of Texas (not including overnight expenses). In addition to local events
sponsored by these organizations, the city council members shall attend the following events at the
city's expense:
(i) Monthly Southlake Chamber of Commerce luncheon;
(ii) Annual Southlake Chamber of Commerce Banquet;
(iii) Annual Southlake employee awards Banquet;
(iv) Annual Tarrant County Mayor's Christmas Banquet; and
(v) Annual United Way Volunteer of the Year Dinner.
(2) Events approved for the mayor or the mayor's designee. In addition to the events
approved for reimbursement in Subsection (c)(1), when funds are budgeted, reimbursement of travel
expenses of the mayor or the mayor's designee is authorized to:
(A) attend the annual meeting of the U.S. Conference of Mayors; and
CITY COUNCIL EXPENSE POLICY PAGE 1
(B) travel annually to Toyoma, Japan, in support of the Sister City Program.
(3) Other events and travel expenses. Reimbursement for expenses of travel of city
council members for purposes other than those listed in Subsections (c)(1) and (c)(2) must be
approved in advance by a vote of a majority of the city council.
(d) Reimbursable travel expenses. The following expenses may be reimbursed when a council
member travels to a meeting or seminar or for a purpose authorized pursuant to Subsection (c).
Expenses for other purposes must be approved for reimbursement by a majority vote of the city
council.
(1) Transportation.
(A) Personal vehicles. A city council member may be reimbursed for mileage and
parking expenses in the use of a personal vehicle for travel beyond the cities contiguous to the City
of Southlake if the round trip does not exceed 250 miles. For longer distance trips, reimbursement
is limited to the lower of the vehicle mileage reimbursement or the air fare. The mileage
reimbursement is at the rate established for reimbursement of city employees.
(B) Air travel. Reimbursement for air travel is limited to coach fare and the most
direct route available.
(C) Airport transportation. Airport shuttle services should be used whenever
feasible in preference to taxicabs.
(D) Car rentals. Rental of a car is authorized only at a destination reached by air
travel when:
(i) there is a necessity for ground travel other than to and from the
airport; and
(ii) another form of reasonable transportation is not available or the use
of other forms of transportation is more costly than rental of a car and
the parking expense that may be incurred.
(2) Meals.
(A) Reimbursement for meals and meal tips is limited to $35 per day. Only actual
expenses will be reimbursed, and the city will not make reimbursements for alcoholic beverages.
(B) In cases when travel is in a location with unusually high meal costs (e.g., New
York City), the per diem meal rate may be adjusted by a majority vote of the city council.
(3) Lodging.
While city council members should be comfortably lodged, luxury hotel
accommodations to be reimbursed by the city should be avoided.
(4) Tips.
Reimbursement for reasonable meal and baggage tips is authorized.
CITY COUNCIL EXPENSE POLICY PAGE 2
(5) Travel time.
Reimbursement for travel expenses will be made only for the duration of the travel
necessary to conduct the city business.
(e) Other reimbursable expenses. In order to improve the effectiveness of council members
in the performance of their duties and to assure necessary communications between council members
and city staff, the city shall provide:
(1) a mobile telephone to the mayor for use in the performance of the mayor's duties;
(2) an alpha pager to city council members in order for the city staff to send messages of
meetings and emergencies and other important information as necessary;
(3) a charge card to the mayor or the mayor's designee for use while conducting city
business. It is anticipated that it may be necessary for the mayor or the mayor's designee to buy
meals during meetings at which city business is conducted; and
(4) upon reasonable request by a city council member:
(A) equipment or supplies necessary for the performance of the city council
member's duties; and
(B) government related publications, which shall become the property of the city.
(1) Economy. Notwithstanding the authorizations contained in this policy, city council members
are expected to practice economy appropriate to the circumstances of the performance of their duties.
(g) Administration of city council expenses. The city secretary is responsible for administering
the city council expense reimbursement process. Upon receiving notice of an event or meeting that
is authorized for reimbursement by this policy, the city secretary shall provide information to the city
council members. City council members wishing to attend a meeting or seminar authorized under this
policy, shall notify the city secretary, who shall make the arrangements necessary for registration and
travel.
(h) Travel advances. The city secretary may issue a travel advance upon the request of a city
council member for expenses related to travel for a meeting or seminar in an amount sufficient to
cover the costs for transportation, meals, lodging, tips, and registration. In determining this amount,
the city secretary shall use the seminar or meeting information available.
(i) Travel expense report. Accounting for travel expenses is the responsibility of each city
council member. Upon completion of travel, city council members shall submit to the city secretary
a complete travel expense report on a form provided by the city secretary. All expenses must be
supported by documentation. Receipts for all expenses must be attached to the travel expense report.
If a travel advance was issued, the city council member must submit the travel expense report to the
city secretary within five business days of returning from the travel and reimburse the city or be
reimbursed the difference between the advance and the actual travel expenses. The city secretary
shall forward the travel expense reports to the director of finance.
�• ,ePi �l /9q �0
CITY COUNCIL EXPENSE POLICY PAGE 3