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1994-02-01 w �1 CITY OF SOUTHLAKE, TEXAS 667 NORTH CARROLL AVENUE SOUTHLAKE REGULAR CITY COUNCIL MEETING FEBRUARY 1 1994 MINUTES COUNCILME14BERS PRESENT: Mayor Gary Fickes; Mayor Pro Tem Jerry Farrier; Deputy Mayor Pro Tem Barry Emerson. Members: W. Ralph Evans, Stephen Apple, Andy Wambsganss, and Jon Michael Franks. STAFF PRESENT: Curtis E. Hawk, City Manager; Shana Rice, Assistant City Manager; Billy Campbell, Director of Public Safety; LouAnn Heath, Director of Finance; Bob Whitehead, Director of Public Works; Greg Last, Director of Community Development; Karen Gandy, Zoning Administrator; Eddie Cheatham, City Engineer; Wayne K. Olson, City Attorney; and, Sandra L. LeGrand, City Secretary. INVOCATION: Mayor Pro Tem Jerry Farrier. WORK SESSION: The Work Session began at 6:30 p.m., where Councilmmbers and Staff present were able to review agenda items for tonight's meeting. Agenda Item #1 -B. Executive Session Mayor Gary Fickes advised the audience that Council would be going into executive session pursuant to Chapter 551 of the Texas Government Code, Sections 551.071, 551.072, 551.074, 551.076, of the Open Meetings Act, to seek the advice of the City Attorney with respect to pending and contemplated litigations, 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 devices. Council adjourned into executive session at 7:00 p.m Council returned to open session at 7:45 p.m. Agenda Item #1 -C. Action Necessary /Executive Session Motion was made to authorize the City to proceed with negotiations on certain property as discussed in executive session. Motion: Apple Second: Emerson Ayes: Apple, Emerson, Evans, Franks, Farrier, Wambsganss, Fickes Nays: None Approved: 7 -0 vote r^ i-- Regular City Council Meeting Minutes February 1, 1994 page two Agenda Item #2. Approval of the Minutes of January 18, 1994 meeting. Motion was made to approve the minutes of the January 18, 1994 City Council meeting as presented. Motion: Emerson Second: Evans Ayes: Emerson, Evans, Apple, Wambsganss, Farrier, Franks, Fickes Nays: None Approved: 7 -0 vote Agenda Item #3. Mayor's Report. During the Mayor's Report, Mayor Fickes asked the Community Development Staff to proceed with rezoning an area of Southlake in the Southeast area of town. Mayor Fickes announced that the City Newsletter "Southlake In Review" Volume 3, No. 1, will be arriving in the homes of Southlake residents soon. He congratulated Staff for a job well done. Agenda Item #4. City Manager's Report. No comments were made during the City Manager's Report. Agenda Item #5. Consent Agenda The Consent Agenda consisted of the following items: 5 -A. Resolution No. 94 -04, Calling the General Election to be held on May 7, 1994; outlining the pertinent dates and procedures for holding the election. 5 -B. Permission to advertise for the purchase of a tractor for the Parks and Recreation Division. 5 -C. ZA 93 -124, Plat Revision for Southlake Crossing, Lots 3R1 and 3R2, Southlake Joint Venture, subject to staff Plat Review Summary dated January 28, 1994. Motion was made to approve the consent agenda including items #5 -A, #5 -B, #5 -C. Motion: Franks Second: Apple Ayes: Franks, Apple, Evans, Wambsganss, Emerson, Farrier, Fickes Nays: None Approved: 7 -0 vote Regular City Council Meeting Minutes February 1, 1994 page three Additional Information Consent items 5 -A. Resolution No. 94 -04, Calling the General Election for May 7, 1994. Mayor and Councilmember Place 2 are up for election. The resolution also outlined pertinent dates and procedures for the election. 5 -B. The Park and Recreation Board requested permission to advertise for bids for the purchase of a tractor for park maintenance use. This item was included in the 1993 -94 budget to be financed, along with other equipment, through the issuance of five year Personal Property Contract Obligation. Estimated costs of the tractor will be approximately $16,000. 5 -C. Plat Revision of Lots 3R1 and 3R2, Block 1, Southlake Crossing Phase I, was approved (ZA 93 -124). Location is the southwest corner at the intersection of F.M, 1709 and F.M. 1938. All items in the Plat Review Summary have been met, with exception of those addressed in second Plat Review Summary dated January 28, 1994. Agenda Item #6, Public Forum. Joe Gregory, 1100 Southlake Blvd., Southlake, Texas. Mr. Gregory stated he is trying to build on property he has his residence on, at the Southlake Blvd. address. He has four and one -half acres (4 1/2) of which he would like to rezone the front two (2) acres and build a medical /professional building. Mr. Gregory stated Greg Last and Karen Gandy have tried to help him arrive at solutions to the problem of providing a road to his house, and meeting the codes and ordinances of the City. Wayne Olson, City Attorney, indicated he would work with the Zoning Administrator in providing the proper procedures for Mr. Gregory. A letter from Mr. Gregory, dated January 24, 1994 is hereby attached to the minutes of the meeting. Sherrie Ross, 1354 Lakeview, Southlake, Texas. Ms. Ross made a presentation to Council representing a group of citizens from the area of Randol Mill Road and Kingswood in regard to the hazardous intersection at Randol Mill and Kingswood, citing the visibility of cars turning onto Randol Mill from Kingswood is severely limited due to the hill on Randol Mill. Ms. Ross presented a petition from citizens in that area, who are requesting the City of Southlake to control the intersection using either a 3 -way stop or a stoplight. The petition is hereby entered into the records of this meeting. /— Regular City Council Meeting Minutes February 1, 1994 page four Agenda Item #6. Continued It was noted that the problem can be solved by one of two solutions: 1) leveling the hill, or 2) a traffic signal. City Manager, Curtis Hawk, stated the City is trying to work with the City of Keller in an effort to resolve this problem. Councilmember Jerry Farrier stated he has driven this area for eight (8) years and he feels a traffic signal would also be a hazard. He stated the appropriate solution would be to pursue working with City of Keller in leveling the hill. Public Forum Closed. Agenda Item #7 -A. Ordinance No. 480 -105. 2nd reading (ZA 93 -113). Ordinance No. 480 -105, 2nd reading (ZA 93 -113), rezoning request for a .92 acre tract situated in the William Martin Survey, Abstract No. 1068, Tract 2B5. Current zoning is "AG" Agricultural, with a requested zoning of "SF -30" Single - Family Residential District. Owner: D.R. Crawford. Zoning Administrator, Karen Gandy, noted the applicant proposed to build a new single family residence on the site. Thirteen (13) notices were sent to property owners within 200' and no responses have been received. The staff has received a Plat Showing request for this property. The ZBA approved a variance to the one -acre minimum lot size requirement for the use of a private sewage disposal system prior to issuance of a building permit. The public hearing resulted with no comments from the audience. Motion was made to approve the second reading of Ordinance No. 480- 105, as presented. Motion: Farrier Second: Emerson Mayor Fickes read the caption of Ordinance No. 480 -105. Ayes: Farrier, Emerson, Franks, Evans, Apple, Wambsganss, Fickes Nays: None Approved: 7 -0 vote /— Regular City Council Meeting Minutes February 1, 1994 page five Agenda Item #7 -B. Ordinance No. 480 -106, 2nd reading (ZA 93 -114). Ordinance No. 480 -106, 2nd reading (ZA 93 -114), is a rezoning request for Tract 2B, being a 3.351 acre tract of land situated in the W.R. Eaves Survey, Abstract No. 500. Current zoning is "AG" Agricultural District, with a requested zoning of "C -2" Local Retail Commercial District. Owner: JoAnn Sutton. Applicant: Bank of North Texas. Karen Gandy, Zoning Administrator, noted the Land Use Category for this property is "Mixed Use ". Eight (8) notices were sent to property owners within 200' and to date, no responses have been received. The applicant proposed the construction of a financial institution on this site. No comments were received during the public hearing. Motion was made to approve the 2nd reading of Ordinance No. 480- 106, as presented. Motion: Franks Second: Apple Mayor Fickes read the caption of Ordinance No. 480 -106. Ayes: Franks, Apple, Wambsganss, Evans, Farrier, Emerson, Fickes Nays: None Approved: 7 -0 vote Agenda Item #7 -C, Ordinance No. 602, 2nd reading. Authorisation to Accept Easements. Greg Last, Director of Community Development, presented Ordinance No. 602 for second reading stating no changes have been made since the first reading. Last went on to state this ordinance would authorize the Mayor, Mayor Pro Tem, or City Manager to accept dedication of certain easements under specific guidelines as set forth in the ordinance: when the easement is for the installation of public improvements required by the City; the property is needed for a public project approved by City Council; or the dedication is appropriate for the proposed improvements. Any other dedication would first go to City Council for approval. This ordinance is an attempt to speed up the administrative process and keep routine items off the City Council agenda unless required by City Charter or State Statutes. No comments were made during the public hearing. Regular City Council Meeting Minutes February 1, 1994 page six Agenda Item #7 -C. Continued. Motion was made to approve the second reading of Ordinance No. 602. Motion: Apple Second: Evans Mayor Fickes read the caption of Ordinance. 602. Ayes: Apple, Evans, Wambsganss, Franks, Farrier, Emerson, Fickes Nays: None Approved: 7 -0 vote Agenda Item #7 -D PUBLIC HEARING: Community Development Block Grant. Greg Last, Director of Community Development, informed Council that the Tarrant County Administration Staff has made us aware that we now have a target area which is eligible for participation in the CDBG program. The engineering staff has recommended the installation of water lines in this area. The installation of these water lines will provide an area -wide benefit within a residential low income target area. Benefits to the area include a dual feed for water, increased water pressure, and improved fire protection capabilities within the targeted area. It is anticipated that Southlake's allocation of the funding will be approximately $110,000. The estimated difference of $15,000 could be funded from the water Utilities Fund. Deadline for submittal of the application is February 15, 1994. A public hearing was called at 8:30 p.m. as advertised, to allow all interested parties the opportunity to comment on the proposed CDBG improvements. No comments were made during the public hearing. Motion was made to authorize staff to proceed with an application for Community Development Block Grant (1994) for water line improvements in the 1100 -1800 blocks of Randol Mill Avenue, as prepared. Motion: Emerson Second: Apple Ayes: Emerson, Apple, Evans, Wambsganss, Farrier, Franks, Fickes Nays: None Approved: 7 -0 vote Regular City Council Meeting Minutes February 1, 1994 page seven Agenda Item #8 -A Ordinance No. 480 -109, lot reading (ZA 93 -115). Motion was made to table Ordinance No. 480 -109, as requested by the applicant VLMC, Inc., time certain February 15, 1994. Moton: Emerson Second: Apple Ayes: Emerson, Apple, Evans, Wambsganss, Farrier, Franks, Fickes Nays: None Approved: 7 -0 vote (to table) Agenda Item #8 -B Ordinance No. 480 -108, 1st reading (ZA 93 -127). Ordinance No. 480 -108, 1st reading (ZA 93 -127), is a rezoning request for 20.0 acres situated in the Christopher Dart Survey, Abstract No. 2003, being Tracts 1A, lAl, & 1A2. Current zoning is "AG" Agricultural, with a request for "SF -lA" Single Family-1A Residential. Owners /Applicants: Jimmy W. Hornick, Barbara J. Hornick, Demonic Carlucci, and Wendi Maura Carlucci. Karen Gandy, Zoning Administrator, commented that the applicants are requesting to rezone the property to develop the western portion adjacent to Hillwood Estates, as Pleasant Lakes. Twenty - i two (22) notices were sent to property owners within 200 and responses include: Two opposed (within 200' notification area) from Mike Bell, 1613 Mockingbird Lane, and Carrie A. Wheeler, 1140 Brittany Court. One undecided (within 200' notification area) Michael Costello, 1862 N. Peytonville Avenue; and four opposed (outside the 200' notification area) Anne Healey Lemmel, 1040 Brittany Court; Jerry Brewer, 960 Brittany Court; Marcia L. O'Conner, 1065 Brittany Court, and, Robert D. Burgger, 1060 Brittany Court. Mayor Fickes questioned septic problems in the area and Councilmember Barry Emerson commented on the road going through the addition. Warren Hagan, Washington and Associates, 500 Grapevine Highway, Hurst. Mr. Hagan was present and answered the concerns stating the one -way street will have a pavement width of 25 The Homeowners Association will own the lake, landscaped area and the street will be private. Motion was made to approve Ordinance No. 480 -108, 1st reading, as presented. Motion: Apple Second: Emerson Mayor Fickes read the caption of Ordinance No. 480 -108. Ayes: Apple, Evans, Wambsganss, Franks, Farrier, Emerson, Fickes Nays: None Approved: 7 -0 vote �— Regular City Council Meeting Minutes February 1, 1994 page eight Agenda Item #8 - C Ordinance No. 601, lot reading. Weed Lien. Director of Public Safety, Billy Campbell, stated rather than amend the existing ordinance on weeds, Ordinance No. 536 has been rewritten to include the substantive differences between the existing ordinance and the proposed ordinance. The majority of differences are to bring our current ordinance in line with permissible State guidelines. Councilmember Stephen Apple asked if this ordinance will allow for the City to make a property owner clean up their yard if it should become a nuisance. If the trash should end up in the bar - ditches, whose responsible for cleaning it up? Apple wants to be sure that the ordinance will cover all nuisances in regard to weeds, trash, rubbish, etc. Campbell replied the ordinance will give the City the tool to control this issue, as the property owner is responsible for his /her trash. Motion was made to approve 1st reading of Ordinance No. 601, Weed Lien, as recommended by City Staff. Motion: Emerson Second: Apple Mayor Fickes read the caption of the ordinance. Ayes: Emerson, Apple, Evans, Wambsganss, Farrier, Franks, Fickes Nays: None Approved: 7 -0 vote Agenda Item #9 -A Resolution No. 94 -05. Appointment to Park and Recreation Board. Resolution No. 94 -05 was approved, naming Francis Dorer to another term on the Park and Recreation Board, and Bethann Scratchard to serve for a three year term, both to expire in May, 1997. Motion: Emerson Second: Evans Ayes: Emerson, Evans, Wambsganss, Apple, Farrier, Franks, Fickes Nays: None Approved: 7 -0 vote Mayor Fickes noted that Kate Barlow, former member of the Planning and Zoning Commission has been hired as the Economic Development Coordinator for the City. The Mayor instructed the City Secretary to seek applications for her unexpired term on the Planning and Zoning Commission. Council adjourned for recess at 8:55 p.m. Council returned to opens session at 9:07 p.m. r Regular City Council Meeting Minutes February 1, 1994 page nine Agenda Item #10 -A. Developer Agreement for Southlake Market Place Phase 1 (Albertons's). Bob Whitehead, Director of Public Works, stated the Developer Agreement for Phase I, Southlake Market Place, contains the usual requirements relating to performance and payment bonds, maintenance bonds, and park fees. The conditions to this Development which resulted in revisions to the standard agreement include: Page 3, Section C, Start of Construction The City will require the Developer to construct drainage facilities. Water, sewer, and streets will be on private property and not apply to this section. - Page 5, Section IV, deleted Section A, Off Site and /or Sewer Pro -Rate: There is no off site and /or sewer pro - rata. - Page 5, Section A, Off -Site Drainage: The Developer will pay pro -rate for the box culvert in Union Church Road. - Page 6, Part B, Park Fees: The Developer agrees to pay the Park Fee of $5,291.00. - Page 6, deleted Section E, Perimeter Street Fee: This development will abut along Davis Blvd. and F.M. 1709, which are State highways. There is no sewer pro -rate because John Drews, Developer of Southlake Market Place is paying for 1/3 cost of the S -2 Sewer Line that is currently under construction. John Drews, president, stated the Albertson's will be a little less than a 59,000 square feet building. The sales for the first year are estimated to be approximately $325,000 per week, 25% of that will be taxable. Councilmember Emerson referenced the letter from Drews in regard to the costs for off -site drainage, which is addressed on page 5, section 8. Motion was made to approve the Developer Agreement as described in the memorandum from staff dated January 26, 1994, making the change requested by the developer on page 5, section 8, for off -site drainage to include the estimated amount of $2,116.40. Motion: Emerson Second: Farrier Ayes: Emerson, Farrier, Franks, Evans, Apple, Wambsganss, Fickes Nays: None �` Approved: 7 -0 vote Regular City Council Meeting Minutes February 1, 1994 page ten Agenda item #10 -8. Developer Agreement for Stanhope Addition. The Director of Public Works, Bob Whitehead, explained the Developer Agreement for the Stanhope Addition. The usual requirements relating to performance and payment bonds, maintenance bond, inspection fees, and park fees are included in the agreement. A few conditions are unique to this addition which resulted in revisions to the standard agreement, including: Page 5, part 2 (amendment), stated that Developer may put in signage having unique architectural features, but if any signs must be replaced by the City, only standard signage will be replaced. - Page 5, section D, On -Site Septic Facilities: There is no sewer in Stanhope, therefore, the requirements for septic systems will be enforced. Page 8, section G, (amendment), is the tax exempt clause that should clarify what construction is exempt from taxation under Chapter 151, Tax Code. - Page 9, section A, Off -Site Drainage: Developer agrees to pay a portion of the culvert that is adjacent to the Addition in North Kimball and Shady Lane. The "ultimate" culvert under East Highland Street will be constructed by the Developer. Page 9, section D, Park Fees: Park Fees in the amount of $7,000 will be paid in conformance with Ordinance No. 483. - Page 10, section E, Perimeter Street Ordinance: Stanhope Addition will abut East Highland Street and will require a perimeter street fee of $5,203.60. Page 10, section F (amendment), Tree Preservation Ordinance: The Developer agrees that all construction activities shall meet the requirements of the Tree Preservation Ordinance No. 585, Section 9.1. David Hardy, Developer of Stanhope Addition, was present for the meeting. Regular City Council Meeting Minutes February 1, 1994 page eleven Agenda Item #10 -8. Continued Motion was made to approve the Developer Agreement for Stanhope Addition, incorporating the comments of the staff memorandum dated January 26, 1994. Motion: Wambsganss Second: Franks Ayes: Wambsganss, Franks, Evans, Emerson, Apple, Farrier, Fickes Nays: None Approved: 7 -0 vote Agenda Item #10 -C Developer Agreement for SouthRidge Lakes, Phase VII. The Director of Public Works, Bob Whitehead stated the Developer Agreement for SouthRidge Lakes Addition, Phase VII, has the usual requirements relating to performance and payment bonds, maintenance bonds, inspection fees, and park fees. The few conditions which are unique to this agreement which resulted in revisions to the standard agreement include: Page 5, section G, (amendment) , states that Developer may put in signage having unique architectural features, but if any signs must be replaced by the City, only standard signage will be replaced. Page 8, section G (amendment), is the tax exempt clause that should clarify what construction is exempt from taxation under Chapter 151, Tax Code. Page 9, section A, Off -Site Drainage: The Developer agrees to replace the box culvert in North Peytonville Avenue, as per the engineering plans. Page 9, section C, Park Fees: The Developer has installed unique amenities that were installed in Phase I and Phase II. All phases, since the ordinance has been in effect, have received park credit without going to the Park Board. Having spoken with Park Board members, staff has determined that it was the intent of the Park Board to give 50% credit to the entire subdivision. Page 10, section D, Perimeter Street Ordinance: January 28, 1992 the Developer contributed $100,000 toward the reconstruction of Peytonville. The Developer agrees to reconstruct the intersection of North Peytonville Avenue, at Raven Bend Court and SouthRidge Parkway as per approved engineering design. Regular City Council Meeting Minutes February 1, 1994 page twelve Agenda Item #10 -C. Continued. Page 10, section E, Tree Preservation Ordinance: The Developer agrees that all construction activities shall meet the requirements of the Tree Preservation Ordinance No. 585, Section 9.1. John Levitt, Levitt Engineers, Southlake, was present to represent the developer. Mayor Fickes referenced a past agreement with the tree replacement in Phase VII. Mr. Levitt commented they will accomplish this when the development occurs on this phase. John Levitt stated he does not feel Arvida should have to pay for right -of -way when they aligned the four -way stop. The area to be acquired will be basically for drainage, according to Levitt. Curtis E. Hawk, City Manager, stated the City will not approve the construction plans before this issue is resolved. Councilmember Jerry Farrier stated Arvida committed that they would do everything in their power to save the trees in the front entry, and the alignment of the road should not be shocking news to anyone. It is his feeling that the City should not be out any money on this issue, and everything should be done at this point to maintain those trees as committed by Arvida. Farrier stated he will leave the issues in staff's hand, and he will trust them to carry out the conditions of the agreement. Motion was made to approve the Developer Agreement for SouthRidge Lakes, Phase VII, contingent upon the engineering design as noted in the staff memorandum dated January 27, 1994. Motion: Apple Second: Emerson Ayes: Apple, Emerson, Evans, Farrier, Wambsganss, Franks, Fickes Nays: None Approved: 7 -0 vote Regular City Council Meeting Minutes February 1, 1994 page thirteen Agenda Item #10 -D Developer Agreement for Stone Lakes Addition, Phase Iii. Mr. Bob Whitehead, Director of Public Works, stated the Developer Agreement for Stone Lakes Addition, Phase III, contains the standard requirements for the provision of water, sewer, streets and drainage. Usual requirements relating to performance and payment bonds, maintenance bonds, inspection fees, and park fees are included in the agreement. Conditions are distinctive to this phase, which resulted in revisions to our standard agreement, including: Page 5, part 2 (amendment) states that Developer may put in signage having unique architectural features, but if any signs must be replaced by the City, only standard signage will be replaced. Page 8, paragraph G is an amendment that will provide for the purchase to tangible personal property and of taxable service to be exempt from taxation under Chapter 151, Tax Code. The construction under this agreement is for water, sewer and street facilities accepted by the City upon completion. Page 9, section A, Sewer Pro -Rate: The Developer is required to participate in the cost of the S -4 Sewer Interceptor. The cost for their pro -rate share is $21,253.13 and is due before construction begins. Page 9, paragraph C, Off -Site Drainage: The Developer is required to pay the share of pro -rata for the box culvert at Continental Boulevard. Because the City has not collected for any of the drainage pro -rata for any of the phases, the total amount of $24,215.40 will be due before Phase III begins. Page 9, paragraph D, grants 50% credit toward Park Fees. Park and Recreation Board granted the entire subdivision 50% credit at the June 10, 1991 Park Board meeting. Page 10, section E (amendment), Tree Preservation Ordinance: The Developer agrees that all construction activities shall meet the requirements of the Tree Preservation Ordinance No. 585, section 9.1. Phil Jobe, 3838 Oak Law, Dallas, Texas. Mr. Jobe was present and questioned the need for a performance bond for contractors. He feels it is a hang -over from days past. He would like to have performance bonds deleted in agreement. Regular City Council Meeting Minutes February 1, 1994 page fourteen Agenda Item #10 -D. Continued. City Attorney, Wayne Olson, recommended to Council that the performance bond not be deleted from the developer agreement as it is a State Statute. Olson added, if the City does not require a performance bond, there is a liability to the City according to their statutory interpretation. Council adjourned to executive session at 9:50 p.m. Council returned to open session at 10:10 p.m. Council went into executive session to seek the advice of the City Attorney with respect to the requirement of performance bonds. Phil Jobe stated he is sorry he brought the issue up in regard to requirement for Performance Bond. It is not a dollar issue, but stated does not like throwing money around. Motion was made to approve the Developer Agreement for Stone Lakes Addition, Phase III. Motion: Apple Second: Franks Ayes: Apple, Franks, Farrier, Emerson, Wambsganss, Evans, Fickes Nays: None Approved: 7 -0 vote Phil Jobe expressed thanks to the City Council and for the Staff and the hours that they work, and the job that they do, adding, he sincerely appreciates it. Agenda Item #10 -E. Developer Agreement, Monticello, Phase III. Bob Whitehead, Director of Public Works, presented the Developer Agreement for Monticello, Phase III, stating the agreement contains the standard requirements for the provision of water, seer, and the entryway approach to Monticello Phase III. Usual requirements relating to performance and payment bonds, maintenance bonds, inspection fees, and park fees are included in the Agreement. A few conditions are unique to this Phase, which resulted in the following revisions: Page 2, section D, and F will require maintenance bonds, letters of credit or cash escrow for the entryway approach to Monticello Phase III. There will be private streets in this phase and the streets will be inspected by the City. - Page 4, section C, Streets: Even though the streets are private, the City requires that the streets be installed in accordance with the plans and specifications. /-- Regular City Council Meeting Minutes February 1, 1994 page fifteen Agenda Item #10 -5, Continued Page 4, part 2 has revisions because the streets are private and the City will not be responsible for street lights. A meter will be installed at the gate and the Developer or homeowner's association will be responsible for payment. Page 8, paragraph G (amendment), is the tax exempt clause that should clarify what construction is exempt from taxation under Chapter 151 Tax Code. Page 9, paragraph A, Sewer Pro -Rata requires the payment of sewer pro -rate to be calculated at a later date. Page 9, section C, Park Fees: The Developer has requested a park credit for 50% for consideration of the amenities to be installed in this Addition. Park Board recommended the 50% credit during the January 10, 1994 meeting. Page 10, section D, Perimeter Street Ordinance: The Developer paid the Perimeter Street Fee for the entire Monticello Addition on April 8, 1991. Page 10, section E (amendment) Tree Preservation Ordinance: The Developer agrees that all construction activities shall meet the requirement of the Tree Preservation Ordinance No. 585, Section 9.1. Terry Wilkinson, was present, representing Monticello developer. Motion was made to approve the Developer Agreement for Monticello, Phase III, subject to staff memorandum dated January 28, 1994. Motion: Emerson Second: Evans Ayes: Emerson, Evans, Apple, Wambsganss, Farrier, Franks, Fickes Nays: None Approved: 7 -0 vote Regular City Council Meeting Minutes February 15, 1994 page sixteen Acenda Item #10 -F Assignment and Amendment of Contract for Residential and Commercial Refuse collection and Recyclable Materials Collection from Lakeside Sanitation to Laidlaw Waste System. LouAnn Heath, Director of Finance, informed Council that in April, 1992, the City of Southlake entered into a renewal contract for five years with Lakeside Sanitation, Inc. effective May 1, 1992, through April 1997. On August 1, 1993, Lakeside Sanitation, Inc. merged with Laidlaw Waste Systems. The merger requires assignment of the existing contract to Laidlaw. In addition, there are specific sections of the existing contact that need to be amended. The changes include: Section 11.2 of the contract is amended to consent to the assignment of the sanitation contract from Lakeside Sanitation, Inc. to Laidlaw Waste Systems, Inc. Section 3.10 is amended to change the method of recycling recovery. The prior contract stated that 100% of the proceeds from the sale of recyclable materials are to be paid to the City monthly. The revision calls for a flat payment of $500 monthly, which is an average of the past payments for actual recycling sales. - Section 5.3 is amended to add two additional holidays, Memorial Day and Labor Day, which is consistent with other Laidlaw contracts. Section 11.6 is changed to allow for Notices to be sent to Laidlaw instead of Lakeside Sanitation. Richard Davis, General Manager, Sales, 6100 Elliott Reader Road, Richland Hills, Texas. Mr. Davis noted the company would like to change the days for garbage collection to Wednesday and Saturday for Garbage and Wednesday for Recycling. The company wishes to have everyone on the same day pick up. Councilmember Apple stated he wishes to amend the contract to allow for annual review since it is a five (5) year contract. Mr. Davis commented on service issues, as expressed by Councilmembers, adding he will work with the City Manager on issues as discussed. Regular City Council Meeting Minutes February 1, 1994 page seventeen Agenda Item #10 -F. Continued Motion was made to approve the assignment and amendment of the contract for Residential and Commercial Refuse Collection and Recyclable Materials Collection from Lakeside Sanitation Inc., to Laidlaw Waste System. Motion: Wambsganss Second: Evans Ayes: Wambsganss, Evans, Farrier, Franks, Emerson, Apple, Fickes Nays: None Approved: 7 -0 vote Agenda Item #11 -A, Southlake Program of Involvement of Neighborhoods (SPIN) Curtis Hawk, City Manager informed Council that staff is preparing the implementation of the SPIN program. A proposed timetable is presented for Council review. Agenda Item #1 -C, Executive Session Council adjourned for Executive Session at 10:45 p.m. Council returned to Open Session at 11:10 p.m Agenda Item #1 -C, Reconvene Mayor Fickes announced the purpose of the return to executive session was to discuss personal matters under Chapter 551 of the Texas Government Code, Section 551.072. Motion was made to increase the fee for Judge of Municipal Court to an annual salary of $36,000. The Alternate Judge is to increase to $65.00 per trip for arraignments. All other fees associated with the Court are to remain the same. Motion: Apple Second: Wambsganss Ayes: Apple, Wambsganss, Evans, Franks, Farrier, Emerson, Fickes Nays: None Approved: 7 -0 vote Regular City Council Meeting Minutes February 1, 1994 page eighteen Agenda Item #12, Adiournment Motion was made and approved to adjourn the meeting at 11:20 p.m. Motion: Apple Second: Evans Ayes: Apple, Evans, Wambsganss, Franks, Farrier, Emerson, Fickes Nays: None Approved• ,- vote a�49gN A #F or Gary is s J AT T S Wpt p� SA ndra L. Le - & City Secretary P City of Southlake, Texas err CITY COUNCIL MEETING SIGN UP IF YOU WISH TO SPEAK DURING THE MEETING DATE: NAME ADDRESS TELEPHONE AGENDA ITEM Co iK r-- uD - tq I p b 9v-O R � ` 1�. Z� vf�► 3 �� 1N,� ►are � CLOG '7A 332 etc I c tS Cv t 00 111( 9,c-cat- r rr, i I J41 2 4NI FOR -& On i � OFFICE OF CITY f ATTORNEYS & COUNSELORS 1`4ANAG[ R f Gregory Building, Suite 100 m e 342 South Main Street Heart of Historic Grapevine, Texas 76051 Downtown Grapevine Metro: (817) 481 -6504 Fax: Metro (817) 481 -1839 January 24, 1994 I N Hon. Curtis Hawk City Manager, City of Southlake P 667 Carroll Avenue Southlake, Texas 76092 Re: 1100 West Southlake Boulevard Dear Mr. Hawk: p In accordance with our conference, I would appreciate your placing on the City Council's agenda as a subject of discussion the problem I am confronting in complying with the subdivision ordinance with regard to the requirement that each lot "abut" a public or private street. I am proposing to subdivide a 4.377 acre tract of land I purchased from Mr. Everett Aslin into two tracts, a 2 acre tract fronting on 1709 (Tract "A ") and a 2.377 acre tract (Tract "B ") behind Tract A. My intention is to seek a zoning change on Tract A to build a medical professional building of somewhere in the neighborhood of 15,000 square feet. bk Currently, I own a permanent easement appurtenant that is sixty feet wide and runs the entire length of Tracts A and B along the westernmost boundary. The fee simple title to this sixty feet strip is held by Lebaron Properties. I have built a steel reinforced concrete ill driveway on this sixty feet easement to my home on Tract B. Therefore, Tract B will always have permanent access to SH 1709 over this easement. The City Staff has been very cooperative in searching out alternatives such as platting the lots where each has at least one hundred feet of frontage on SH 1709. The problem is OR that subdividing the tract in this fashion creates two very strange and unmanageable tracts. is Subdivision Ordinance No. 483, Article IX, Section 9.01, contains a provision that allows the Council, as a consequence of extraordinary difficulty, to modify the requirements of the subdivision ordinance. Of course, it is my position that extraordinary difficulty exists because of unique conditions of access, location, shape, size and drainage characteristics of the tracts in question. 1D I would appreciate the opportunity of visiting with the Council on this issue and, for that purpose, enclose herewith a copy of the survey on these two tracts along with a copy of the particular provision of the Subdivision Ordinance dealing with Modifications and Variations from the requirements of the ordinance. Sincerely, it 9- l Joe D. Gregory /tpr For the Firm • a9 51 3o F 276.—A iw 5. T• -_/ b �� Io O,Ot7 _. att ..c. Y \l �. O • �,, \ J11 -90, n-17 5 F. 0 w co 10 ELI%' 1w T, 0 cr nl ii Is 20 r 27V. SLR o 2 H W AY NO. 1109 14 — PRO TWO TRACTS of LAND IN THE 6 L. B- G. HALL SURVEY, A- 7PRRANT COUNTY, TEXAS T%QwA4 L. Twokwooft bi . �6i . Got sm %am Me / / /1t - - a W4 ff, 1 0 A EM i r J ' % P / ♦ / M / �► MW MET 1 p WA SM .111 11- _ _ �I • •i d 1, ��- _ a VA VIVA Oa -/ - -- I lip ��rr ���:i 9 1 . � t _. PETITION FOR IMPROVED INTERSECTION CONTROL WE, THE RESIDENTS OF THE KINGSWOOD DRIVE / CROSS TIMBER HILLS AREA, ARE CONCERNED ABOUT THE DANGER PRESENT AT THE INTERSECTION OF KINGSWOOD DRIVE AND RANDOL MILL ROAD. THE VISIBILITY FOR CARS TURNING ONTO RANDOL MILL FROM KINGSWOOD IS SEVERELY LIMITED DUE TO it THE HILL ON RANDOL MILL. WE ARE REQUESTING THE CITY OF SOUTHLAKE TO CONTROL THE INTERSECTION USING EITHER A 3 -WAY STOP OR A STOPLIGHT. PR DATE NAME ADDRESS 3 j f !1 (C k i G / 3C i N r i ( �� 3 i f f v� e. 3 6 L- V wt?kJ 1( <' X61116: 4'" 'jam `a c i ez ( rr 2 , cil City of Southlake, Texas M E M O R A N D U M January 26, 1994 TO: Curtis E. Hawk, City Manager FROM: Greg Last, Community Development Director SUBJECT: 1994 Community Development Block Grant (CDBG) iW The Tarrant County Administration staff has made us aware that we 4M now have a target area which is eligible for participation in the to CDBG program. (see attached Exhibit of target area) The engineering staff has recommended the installation of water lines in this area. The installation of these water lines will provide an area wide benefit within a residential low income target area. Benefits to the area include a dual feed for water, increased water pressure, and improved fire protection capabilities within the. targeted area. Attached you will find an exhibit and cost estimate for the installation of water lines in the 1100 -1800 Blocks of Randol Mill Avenue in the northwest portion of the City. It is anticipated that Southlake's allocation of the funding will be approximately $110,000. The estimated difference ($125,000 110 of $15,000 could be funded from the water utilities fund. A public hearing will be held at the Council meeting on February 1, 1994 at 8:30 p.m. This will allow all interested parties the opportunity to comment on the proposed CDBG improvements. Staff requests authorization to submit the application for approval of the 1994 CDBG funding. Deadline for submittal of the application ,,.. is February 15, 1994. Please feel free to contact me or the Public Works staff should you have any questions. +.� 41 encl. Target Area Exhibit Water improvements exhibit and cost estimate Application 6 lir w• •a_.. ro IAI AI /AIA I I I I � ✓ rA3 Iar slr .cr • -1IO N ) A i NI - Y i i )A it A y i IA { IAI - o R o - - I 1 iw I Dh R �A ' , DI D IAI I rp I �fiN.�nl. f►�QG�SJ 0 1 C. DhRlT 9 IA JAI I 1 1 I I zR Io — • Ji ]i .. ... LS ... .� ? f 0 h 1° L - d o t I x ..... — A3 inn- �, : >e it : Ji: X 1 pTY UAW CfTY UMIT i IC I I I D w>» a, x - -_ . —J 1A I 5 , UI IA ,AI T tic �. u / I 1 - -- , I nQ I,C]A ; 110 LV,ER y A –'— [AI MAI , I 4511 60 78N 1 191 ro e + , 487A 5 651A 181 — - �aA u C 25, .. I IAIA AIA AIA AIA Al I - - - -_ a — 8 606 4� � K 1 w X .... _ �( V TRACT LOCATION MAP IF oo v v vAr vA,A - -- - - — -- �— ' mo 4 G o D • ��r N M w I-•. � � �� QkING • 11 INI � - 5 J P463h evil AM ;V ., L ry � r CHEATHAM AND P' ASSOCIATES February 11, 1994 � 1AN 61994 i�r U LS Ms. Patricia Ward CD Officer Tarrant County Administrator's Office 1501 Merrimac Circle, Suite 200 to Ft. Worth, TX 76107 -6512 O Re: Southlake/1994-95 20th Yr. CDBG r Job No. 001 -419 Dear Ms. Ward: Enclosed are application package materials submitted on behalf of the City of Southlake. Contained are: 1. Project Information Form 2. Description of Environmental Conditions 3. Environmental Assessment Checklist 4. Detailed Cost Estimate 5. City Map with Project Location Noted. �. 6. Copy of the minutes of the city council meeting and public hearing. (Will be forwarded as soon as available.) We look forward to working with you in the CD planning process. Please do not hesitate to call should you need additional information. �r Respectfully, of David . Mayes \419 Enclosure cc: Greg Last, Southlake File it EN GI N EERS - PLANNERS - SURVEYORS A Subsidiary Firm of Southwest Planning and Design, Inc. 1170 Corporate Drive West - Suite 207 - Arlington, Texas 76006 817/633 -1023 - Metro 640 -4329 Zy_ j/ r COMMUNITY DEVELOPMENT BLOCK GRANT '1994 PROJECT INFORMATION FORM rr 1. City Name Southlake, Texas 2. City's 3 -year goals and plans for Community Development projects: Continue to replace inadequate capacity water lines in high pressure plain to insure adequate water supply and fire protection throughout the system 3. Project location: City of Southlake, Texas Northwest Quadrant of City Construction in Randol Mill Ave. From Kingswood Dr. to Morgan Rd.; 1100 Blk. to 1800 Blk. 4. Census Tract Number: 1139.02 5. Type of Project water Li ne Construction 6. Cost/ Engineering Estimates: $ 124,696,00 7. Funding Sources: Grant fundsand loc funds for pro��t requirements in excess of grant availa w* 8. Engineering Firm: Cheatham & Associates 1170 Corporate Drive West #207 Arlington, TX 76006 Contact Person: _ David E. Mayes 817/265 -8836 9. Date of Submittal: 2/11/94 rr Notes: 0 r DESCRIPTION OF ENVIRONMENTAL CONDITIONS ,�. 1. Detailed Project Description: Constructing 12" water distribution line; connecting existing dead end lines to improve water quality and distribution pressure; adding fire hydrants and reconnecting existing fire hydrants. 2. Detailed' Project Purpose: Provide adequate water distribution, improve distribution pressure, provide adequate water for fire fighting purposes. 3. Environmental Conditions: Facilities will be constructed along the edge of existing roadways - No environmental impact will be caused by the construction of this project. i. 4. City Enhancement of Target Area: (City funds only) City funds will be used to complete the proposed project as estimated and shown on exhibits. Required Attachments: 1. City Map - 2. Project Map - ir 3. Detailed Cost Estimate - d�r 4. Completed Environmental Checklist - a Prepared by David E. Mayes go Title Project Manager Cheatham & Associates s. 1170 Corporate Dr. West #207 to Arlington, TX 76006 Phone Metro 265 -8836 Environmental Assessment Statutory Checklist Project Name and Identification No. Southl ake 20th year 1994-95 rr Area of Statutory- Regulatory �. / C o Compliance ¢� s� "0 4, ' (Citations for applicable statutes �� F� = � � P Provide compliance and regulations are printed on a`C� documentation the back of this Checklist. Full t ° � a . � � � � jai discussion of each is provided in r" a c � � Q P � may betta att tached material Appendix B) may be t llirl Historic Properties X w Floodplain Management wt+ X Wetlands Protection ! i + X. Noise ! 1 Temporary Due '• I to Construction Ilk Manmade Hazards I Thermal/Explosive Hazards X I Airport Clear Zones 1 .�. X Air Quality j I X Water Quality - Aquifers j X Coastal Areas Coastal X Zone Management I Coastal i X Barrier Resources Endangered Species I X , I Farmlands Protection ' X Wild and Scenic Rivers X i •Atuch evidence that rcquircd actions have been txun. 22 lttr Statutory Checklist Permits, Licences, Forms _ of Compliances Under G her Laws (Federal, State and Local Laws) Project Name and Identification No. - outhlake 20th Year 1994 -95 OTHER AREAS OF STATUTORY REGULATORY COMPLIANCE � L L APPLICABLE TO PROJECT � `L 8 ` �D °� Li e-' 4 ° �� Provide compliance documentation ¢ .to F 1' ° e D ` °� Additional Material � may be attached Water Quality W X � on, Solid Waste Disposal X I Fish and Wildlife ! i X i State or Local Statutes (to be added by local community) X � I 1 i Note: See HUD- 399 -CPD, - Environmental Reviews at the Community Level ", as revised for further details regarding the use of assessment formats. Prepared By Title City Engineer 11 Cheatham & Associates 1170 Corporate Dr. West, #20 Arlington, TX 76006 im Date 2/11/94 23 :: 7d- 00 Listing of Applicable Please sr- Appendix B of this Guide an Statutes and Regulations for explanation of procedures to be followed. by Area of Compliance f 4 Historic Properties National Historic Preservation Act of 1966, Section HUDacice 79 -33) Indefinite Notice, September 10, 1919. on 106 (16 U.S.C. 470f) HT- Regulation 24 (CFR Part 51 Subpart D) if Preservation of Historic and Archaeological Data Act of 1974 (16 U.S.C. 469 -469c) Water Quality* po Executive Order 11593, Protection and Enhancement of Federal Water Pollution Control Act, as- Amended (33 the Cultural Environment U.S.C. i=51 -1376) Floodplain Safe Dr=<ing Water Act of 1974 (42 U.S.C. Flood Disaster Protection Act of 1973 (42 U.S.C. 300f- 300:40) as Amended 4001 et. seq.) and Implementary Regulations U.S. En:'.ronmenW Protection Agency (EPA) Im- Title 24, Chapter X, Subchapter B, National Flood plemenci::g Regulations 40 CFR Parts 100 -149 Insurance Program (44 CFR 59 -79) Solid Waste Disposal* Executive Order 11988 and HUD Procedure for Solid WZ;ce Disposal Act as Amended by the Resource : Floodplain Management (24 CFR Part 55) (When Conser9aion and Recovery Act of 1976 (42 U.S.C. 6901 -69 € - ) Issued) s: U.S. Environmental Protection Agency (EPA) Im- Wetlands plementing Regulations 40 CFR Parts 240 -265 Executive Order 11990, Protection of Wetlands and Applicable State Legislation or Regulations. Also 24 Coastal Areas CFR Part 55 (When Issued) Coastal Zone -Management Act of 1972 as Amended (16 U.S.C. 1451 -1464) Noise Coastal Barrie: Resources Act of 1982 (16 U.S.C. 3501 HUD Regulations (24 CFR Part 51, Subpart B) et. seq.) q- Air Quality* Endangered Species Clean Air Act of 1970 as Amended (42 U.S.C. 7401 7-76 Endanee-_d Species Act of 1973 as Amended (16 42) EPA Regulation 40 CFR Part 50, and Partially 40 U.S.C. i-31 -1543) CFR Part 51, 52, 61. Farmlands Protection 1 Man -made Hazards Farmlands Protection Policy Act of 1981 (U.S.C. 4201 HUD Regulation (24 CFR Part 51, Subpart C) et. seq.) implementing Regulations 7 CFR Part 658 Wild and Scenic Rivers Wild and Scenic Rivers Act of 1968 as Amended (16 U.S.C. '.: c:. seq.) 1r *Environmental laws that have permit, license or other forms of Compliance usually implemented through a State agency are also listed here. s• F ift 24 Environmental ,ow Assessment Checklist page t B- 94 —UC -48 -0001 km Project Name. and Identification No. Southlake 20th Year ( 1 994_95 1 2 3 4 5 6 7 i C J Source or Documentation ,0 Mote date of contact or page reference) Additional material may be Impact Categories < ¢' ¢' � .�` < �" attached. 6 [and Development Conformance With Comprehensive Plans and Zoning X Compatibility and #M Urban Impact X Slope X Erosion X Soil Suitability PM X Hazards and 1M Nuisances. Including im Site Safety X P" Energy Consumption to X III Noise Effects of Ambient Noise on Project and Contribution to Com- X munity Noise Levels ! 27 rr Environmental Assessment Checklist (continued. page 21 B- 94 -UC -48 -0001 Project Name and Identification No Southlake 20th Year CDBG 1994-95 1 2 3 4 5 6 7 irrr - off Al L .0 3v ., z' �: �,t 0 �• •' Source or Documentation (Note date of contact or page reference) Impact Categories �° 4 °` Q ov Qo�zo"�to Additional material may be attached. = Quality Effects of Ambient Air Quality on Project and Contribution to Com- X munity Pollution Levels PR Environmental Design and Historic' Visual Quality— Coherence, Diversity, Compatible Use, and X Scale Historic, Cultural. iW and Archaeological Resources X Socioeconomic Demographict Character Changes X Displacement !,m X Employment and Income Patterns PM X Community Facilities and Services Educational Facilities X Commercial Facilities X I Health Care X IA Social Services X Environmental Assessment Checklist (continued. page 31 B- 94 —UC -48 -0001 Project Name and Identification No. Southlake 20th Year CDBG 1994 - 95 1 - iw 1 2 3 4 5' 6 7 o J •Z � Source or Documentation J) :r �.� ,� (Note date of contactor ; 1 `'" ma c ° page reference) .L •`' .`' .� Additional material may be Impact Categories Q° Q �� Q° �: � attached. Community Facilities and Services (Continued) Solid Waste X Waste Water X Storm Water X pw Water Supply X t Public Safety Police X Fire an X im Emergency Medical X Open Open Space Space and Recreation x Recreation X Cultural Facilities X Transportation X PR i)r I. Environmental Assessment Checklist (continued. page 41 aw - B- 94 -UC -48 -0001 4k... ryzMAr •• Project Name and Identification No. Southlake 20th Year CDBG 1994 -95 1 2 3 4 5 6 7 o o , � o 0 o v o ` Q' ; Oo 4' yo n t Source or Documentation Z (Note date of contact or page reference) Impact Categories Aso Qo 0 �` t,�� o`er Additional material may be Q ¢ Z 2 attached. Natural Features Water Resources X Surface Water X Floodplains X s Wetlands X Coastal Zone X Unique Natural Features and to Agricultural Lands X ( Vegetation and Wildlife X 1rr " 0 Environmental Assessment Checklist rrr (continued, page 5) IM e ' Summary of Findings and Conclusions: irr . The project can only enhance the quality of li ving in Southlak i. e.: 1. Better water quality r 2. Better fire 3. Better conveyance of water to Public 4. Reduces wasteful and excessive repairs to aging water lines Summary of Environmental Conditions: Not Applicable , PO to Project Modifications PM - and Alternatives Considered: Not Applicable "` 31 Environmental Assessment Checklist . (continued. page 61 Additional Studies Performed (Attach Study or Summary) Not Applicable ' *WOW Mitigation Measures .Needed: - Not Applicable ws OT on � 3 2 Environmental Assessment Checklist (continued, page 71 1. Is project in compliance with applicable laws and regulations? © Yes ❑ No 2. Is an EIS required? ❑ Yes ® No 3. A Finding of No Significant Impact WONSI) can be made. Project will not significantly affect the quality of the human environment. OO Yes ❑ No P repared by Title Cheatham & Associates Prn3ar-t Manger David E. Mayes PR Date 2/11/94 r 111 33 Yir DETAILED COST ESTIMATE �a CITY: City of Southlake DATE: Feb. 11 , 1994 PROJECT: 20th Year CDBG Water System Improvements B- 94 -UC -48 -0001 ITEM UNIT NO. DESCRIPTION QUANTITY PRICE AMOUNT fig 1 12" tp And Fire Hydran±,a W lir FUNDING MATCH SUB -TOTAL $ 1 13,360 CITY - a uth l a k e f 1 5 n n n ) DESIGN/ ENGQNEERWG _ i 1 '1 -1 A OTHER TOTAL PROJECT COST 124,696 PREPARED BY: David E. Mayes, Project Manager CITY: Southlake, TX / By Cheatham & Associates 7,r, to ING 81 • _iiii�iiiii�iiii�l - LINE Map � ...,, u©� MA .. r .. 1 pow N■ WHOM we ■ 6w CITY OF SOUTHLAKE COMMUNITY DEVELOPMENT BLOCK GRANT k• NOTICE OF PUBLIC HEARING NOTICE is hereby given to all interested im persons that the City Council of the City of Southlake, Texas will hold a Public Hearing on im February 1, 1994 at 8:30 p.m. in the City Council Chambers of City Hall, 667 North OR Carroll Avenue, Southlake, Texas. Purpose of the meeting is to provide an open forum to receive citizen views, and concerns regarding the 20th program year project funding. All interested parties are invited to attend. Improvements planned for this grant •� application include water line installations and �► improvements in the 1100-1800 blocks of Randol Mill Avenue in the northwest portion r of the City. For further information contact the Department of Community Development i at the City of Southlake at 481 -5581, Ext. 744 w