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1994-04-05 CITY OF SOUTHLAKE, TEXAS 667 NORTH CARROLL AVENUE, SOUTH-LAKE REGULAR CITY COUNCIl, MEETING APRIL S, 1994 COUNCILMEMBERS PRESENT: Mayor Gary Fickes; Mayor Pro Tem Jerry Farrier; Deputy Mayor Pro Tern Barry Emerson. Members: Ion Michael Franks, Andy Wambsganss, Stephen Apple, and W. Ralph Evans. STAFF PRESENT: Curtis E. Hawk, City Manager; Shana Rice, Assistant City Manager; Greg Last, Director of Community Development; LouAnn Heath, Director of Finance; Bob Whitehead, Director of Public Works; Billy Campbell, Director of Public Safety; Ron Harper, City Engineer; Karen Gandy, Zoning Administrator; Wayne 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 Councilmembers and Staff present were able to review agenda items for tonight's meeting. The Regular City Council meeting was called to order by Mayor Gary Fickes at 7:00 p.m. Agenda Item #1-B. Executive Session Mayor 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, and 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 7:03 p.m. Council returned to open session at 7:30 p.m. Agenda Item #l-C, Action Necessary/Executive Session No action was necessary as the result of the executive session. Regular City Council Meeting Minutes April 5, 1994 page two Agenda Item//2. Avproval of the Minutes The Minutes of the City Council meeting held on March 15, 1994, were approved as presented. Motion: Emerson Second: Evans Ayes: Emerson, Evans, Wambsganss, Farrier Nays: None Abstention: Fickes, Apple, Franks Approved: 4-0-3 vote A~enda Item//3. Mayor's Reoort Mayor Fickes announced that Saturday, April 9, Southlake citizens and employees will take part in the "Great Texas Trash-Off". This event which is part of the Texas Department of Transportafion's "Don't Mess with Texas" antilitter campaign, is considered the largest one-day cleanup in the nation. The Mayor urged those who wish to participate to meet at City Hall at 8:00 a.m. Mayor Fickes presented a Proclamation to Rebecca Ufley, proclaiming the first week of April as "National Organ and Tissue Week". Also, a Proclamation was presented, proclaiming the week of April 1, as "Child Abuse Prevention Week". A Proclamation was presented to lanet Murphy, who has been chosen as "Volunteer of the Year- 1993" in the City of Southlake. She will be honored during a dinner held for volunteers throughout Tarrant and Dallas Counties. This program is sponsored by United Way. Mrs. Murphy has served as Chairman of the Park and Recreation Board, she serves on the Southlake Parks Development Corporation, and was active with the 1/2 Cent Sales Tax Campaign. Agenda Item//4. City Manaeer's Reoort Curtis Hawk, City Manager reported that according to the Texas Department of Transportation, F.M. 1709 is scheduled in have traffic in all lanes within a couple of weeks, and by May, all the clean-up will be completed by mid-May. Anenda Item//6. Public Forum Richard Buzzard, 1500 Post Oak Trail, Southlake. Mr. Buzzard stated his propose for appearing before the City Council under public forum, is to request an abandonment of right-of-way on a piece of property located between 1500 Post Oak Trail and 1450 Post Oak Trail. Originally planned as a street, both driveways on said properties exit to the right-of-way and access to these driveways are over a dirt and gravel path developed over time. According to Mr. Buzzard, this path throws up great amounts of dirt when dry and becomes a muddy mess when wet. Regular City Council Meeting Minutes April 5, 1994 page three Agenda Item//6. Continued It is the desire of both parties to build a concrete driveway over the right-of-way in order to access our homesteads to the street. They asked for Council consideration on this matter. Mayor Fickes suggested Mr. Buzzard meet with City Staff on this issue. A~,enda Item//5 Consent Agenda The Consent agenda consisted of the following items: 5-A. Appointment of Lisa Hendrix as a member of the Southlake Fire Reserve. 5-B. Authorizing the Mayor to enter into an Interlocal Agreement for Park, Playground, and other Recreation Facilities between the City of Southlake and Carroll Independent School District. 5-C. Authorizing the Mayor to enter into a Joint Utilization Agreement for Carroll Intermediate School Multi-Use and Ball Fields between the City of Southlake and Carroll Independent School District. 5-D. Award of Bid for Drainage Improvements on South Peytonville Avenue. 5-E. Award of Bid for reconstruction of North Carroll Avenue and South Kimball Avenue. 5-F. Authorizing the Mayor to enter into a Letter Contract for Engineering Services with Cheatham and Associates for the Design of the Road Entry and Drainage Channel to Serve the Expansion of Bicentennial Park. 5-G. Authorizing the Mayor to enter into a Contract for Engineering Services with Dunaway and Associates for the Design of the Reconstruction of White Chapel Boulevard from Big Bear Creek to Highway 114. 5-H. Authorizing the Mayor to enter into a Contract for Engineering Services with Rady and Associates for the Design of the Reconstruction of Dove Road from White Chapel to Kimball Road. 5-I. Resolution No. 94-16, extending the deadline for 30 days to review the rates submitted by the Cable Operator. Regular City Council Meeting Minutes April 5, 1994 page four Agenda Item//5. Continued Motion was made to approve the consent agenda consisting of #5-A, #5-B, #5-C, #5-D, #5-E, #5-F, #5-G, #5-H, #5-1, as presented. Motion: Wambsganss Second: Apple Ayes: Wambsganss, Apple, Evans, Franks, Farrier, Emerson, Fickes Nays: None Approved: 7-0 vote ADDmONAL INFORMATION ON CONSENT ITEMS As required by Ordinance No. 554, the Director of Public Safety, Billy Campbell, has recommended Lisa I-Iendrix of 1921 Lilac Lane, Southlake, as a member of the Firefighter Reserve. By appointing Ms. Hendrix to our Firefighter Reserve force this will bring Southlake's Fire Reserve strength to eight. and 5-C. The Joint Utilization Committee (JUC) has approved and forwarded two interlocal agreements for consideration by City Council and the CISD. The first agreement, Interlocal Agreement for Park, Playground and other Recreational Facilities, establishes the general framework for joint utilization projects for mutual benefit of the City and CISD. The second Agreement, Joint Utilization Agreement, sanctions two specific projects located at Carroll Intermediate School. Construction of a multi-use court and improvements to the ball field. The multi-use court will replace a deteriorating asphalt court with a regulation-sized reinforced concrete court suitable for basketball, in- line skating, and other uses. The ball field improvements include minor site grading, tmf improvements, and installation of lighting and corresponding electrical system upgrades. Award of Bid for Drainage Improvements on South Peytonville Avenue. The right-of- way purchases are being finalized. Council approved on January 18, 1994, the contract for the installation of the new water main. This contract is 90% complete. Now the drainage improvements and right-of-way clearing need to be contracted. The low bidder, Wright Construction Company of Grapevine, was awarded the South Peytonville Avenue Drainage Improvements and ROW Clearing Contract of $168,730. Funding for this project will be provided from the $1,500,000 Street Bond Project. Award of bid for Reconstruction of North Carroll Avenue and South Kimball Avenue. The City Council approved the bidding of North Carroll Avenue during their August 17, 1993 meeting and South Kimball at F.M. 1709 at their November 16, 1993 meeting. Funding for the North Carroll Avenue project will be provided from the $1,500,000 Regular City Council Meeting Minutes April 5, 1994 page five Agenda Item #5. Continued Street Bond Project. Funding for the South Kimball Project is available. Staff recommends the award of bid to Iow bidder Sunmount Corporation. Letter Contract for Engineering Services with Cheatham and Associates for the Design of the Road Entry and Drainage Channel to serve the expansion of Bicentennial Park. The channel will be within a 50 foot drainage easement and adjacent to the 60 foot right- of-way intended for the street. The proposed street is 37 feet hack-mm-back and should be adequate for the anticipated traffic to and from the park. The fee for services is $16,500 and is based on the Texas Society of Professional Engineers (TSPE) Curve B. Funds for this contract will come from the Park Dedication Special Revenue Fund. Contract for Engineering Services with Dunaway AsS~'lates for the Design of the Reconstruction of White Chapel Boulevard from Big Bear Creek to Hwy 114. The total fee for services on this project shall not exceed $76,075. This includes fees for geoteehnical services, survey work and engineering. The fee was based upon actual estimates of time and effort involved to complete this project. Contract for Engineering Services with Rady and Associates for the Design of the Reconstruction of Dove Road from White Chapel to Kimball Road. The total fee for services on this project shall not exceed $90,965. This includes fees for geotechnieal services, survey work and engineering. The consultant shall produce a study and concept report early in the design process to determine if the construction shall be let in one or two contracts. The fee is hased upon two construction contracts. The determination of the number of construction contracts shall be based upon the impact that this project has on the Middle School and the ability to perform that portion of the project during school closure. The fee was based upon estimates of time and effort involved to complete the project. It is the recommendation of our City Attorney that City Council extend the 30 day deadline to review the rates submitted by the cable operator in accordance with Resolution No. 94-16. This resolution gives the City an additional 150 days to review the new regulations issued by the FCC and to determine whether the rates submitted by the cable operator are within the FCC benchmark rates. Regular City Council Meeting Minutes April 5, 1994 page six A~enda Item gT-A. Ordinance No. 480.11~. 2nd readinu (ZA 94-17) Ordinance No. 480-115, 2nd reading (ZA 94-17), Rezoning request for 11.455 acres situated in the James Thomhill Survey, Abstract No. 1505, Tracts 1A3A, 1A5, lA7, 1E, and 1E1A. Location: North of West Continental Blvd., east of Southlake Hills, Phase I, west of Timber Lake Addition, and south of Southlake Hills, Phase 2. Current zoning is "AG" Agricultural, with a requested zoning of "SF-20A" Single-Family Residential District. Owner/Applicant: Conn-Anderson, Inc. Karen Gandy, Zoning Administrator, commented that nineteen (19) notices were sent to property owners within 200' and one (1) response was received in favor, from Pat Livingston, 1007 and 1009 South Lake Hills Drive. Letters were received from the following: William Bell, Kurt Miller, Margaret McI2andon, Christine Hancock, J. Osburn, C. Hjorth, and James T. Bradley, who all opposed the realignment of Hidden Knoll Court as recommended by staff. John Levitt, Levitt Engineers, represented the applicant and had no comments. The public hearing resulted with no comments from the audience. Motion was made to approve Ordinance No. 480-115, 2nd reading, subject to the third Plan Review Summary dated March 31, 1994, deleting item #1. Motion: Emerson Second: Farrier Mayor Fickes read the caption of the ordinance. Ayes; Emerson, Farrier, Franks, Evans, Apple, Wambsganss, Fickes Nays: None Approved: 7-0 vote Agenda Item #8-A. Ordinance No. 480-114. 1st readin~ (ZA 94-14). Ordinance No. 480.114, 1st reading (ZA 94.14), Rezoning and Development Plan request for 82.4 acres situated in the N.E. Thompson Survey, Abstract No. 1563, of which 31.196 acres is recorded as Lonesome Dove Estates, Phase I. Current zoning is "AG" Agricultural District (9.53 acres) and "SF-20A" Single-Family Residential (72.88 acres). Requested zoning is "R- P.U.D." Residential Planned Unit Development. Owners: Mary M. Arnold, Gary Canatrell, Larry D. Parker, Sharon K. Parker, Cindy Atldnson, and Randy A. Parker. Applicant: Tom M. Matthews, Jr. dba Hat Creek Development. The Zoning Administrator, Karen Gandy, noted the forty-eight (48) notices were sent to property owners within 200' and the following responses have been rec(lved: One (1) in favor and nineteen (19) in opposition (written responses within 200') and four (4) in favor and eighty-one (81) in opposition (written responses outside the 200'). A copy of the memorandum dated Regular City Council Meeting Minutes April 5, 1994 page seven A~,enda Item #8-A. Continued March 31, 1994, from Mrs. Gandy is hereby attached to the minutes of this meeting. Mrs. Gandy noted at the March 14, 1994 City Council meeting, there was opposition to the rezoning request of 20% of the land area within 200' of the site; however, since that time several of those residents who were opposed are now in favor of the request; thereby, eliminating the need for a super-majority vote of the City Council. Mrs. Gandy commented that Mr. Matthews has continued to meet with property owners within the area, and has changed the total lots to 150. He indicated he will provide a park for toddlers and parents, however, not for mens. He will place a four rail fence around the southern boundary of the property. Tom Matthews, developer, was present for the meeting and indicated after initial meetings, he has changed the following items: Lowering the density down to 160 units; increased the lots along Carroll above 2,500 square feet. He relocated an entry way from Burney to Lonesome Dove Road. They agreed to put a masonry fence along Burney Road. He agreed to reduce the lots to 150 lots, or 1.82 units per acre. The original plan had 16 lots hacldng to Carroll and he further reduced that to 16 lots hacldng to Carroll, however, would be larger and better align to those in existence. He agreed after discussions with the property owners, that they would increase the size of the homes, whereby limited to 20% of the houses to 2,100- 2,200 square feet. An additional 20% can be from 2,200 to 2,300 square feet. 60% of the houses would have to be 2,300 square feet or larger. He stressed that the benefits are the result of the meetings of the area property owners. Public Comments: Coy Quesenbury, 2380 Lonesome Dove, Southlake. Mr. Quesenbury stated he is pastor of the Lonesome Dove Church. He stated he is in favor of this proposal. He feels the size and quality of the residents and the park for use of residents is very positive for Southlake. He feels it will be an excellent addition to the City. Sharon Hobbs, 207 Sweet Street, Southlake. Ms. Hobbs stated she has lived in Southlake for ten (10) years. She stated she feels we have a great need for this type housing. She stated she would think Emerald Estates residents would be happy, as with this addition, it would be possible for them to have sewer in Emerald Estates. Terry Mullaney, 1515 North Carroll Avenue, Southlake. Mr. Mullaney stated he is a new resident, however, he has been following this proposed addition. He feels the plan represents a compromise between the property owners and the developer. Mr. Mullaney stated, "quality homes bring quality people". Regular City Council Meeting Minutes April 5, 1994 page eight Aeenda Item #$-A. Continued David Harris, 920 Ownby Lane, Southlake. Mr. Harris stated he is also a recent citizen of Southlake, living on the south side of State Highway 114, and lives in an addition built by Mr. Matthew. He spoke in favor of the credibility of the developer of Lonesome Dove Estates, and of the builders that will be building in this new addition. He asked Council to approve this zoning request. August Shilling, 1260 Taylor Street, Southlake. Mr. Shilling staW. d his property is next to the proposed park. He stated Mr. Matthew has given a great amount of time and thought to citizens and to the city. His plans go beyond what the city requires. He feels there is a good compromise between the citizens and the developer. He feels it is a pleasure to work with Mr. Matthew and asked Council to approve this request. Dorian Sims, Burney Lane, Southlake. Mrs. Sims stated she and her husband are pleased with the development as planned. They request that Council approve this plan. James Blackwell, 1491 Emerald Circle, Southlake. Mr. Blackwell expressed concerns with the drainage and the sewer system. He stated he is concerned about water dumping into a culvert and down adjacent to his back yard. He asked the developer to bring the drainage pipe to Dove Creek. Sewer is also an issue. Emerald Estates needs a sewer system, but he does not want to have a lift station in his back yard. He asked Council to consider his concerns. Dennis McWilliams, 1451 Emerald Circle, Southlake. Mr. McWilliams stated he lives next door to Mr. Blackwell and also feels drainage should go further and not in their back yards. He indicated he wants drainage issue resolved. Dennis McGrath, 2403 North Carroll Avenue, Southlake. Mr. McGrath stated the city has witnessed a lot of work on this addition, between the developer and the residents. The third entity is the City Council. The drainage and sewer issues keep coming back. McGrath stated the lift station is not good in any back yard. The drainage ditches along Dove Road need to be cleaned out, and this will help the situation. He would like to see the perimeter road fees paid by the developer and the funds used on the north side of State Highway 114. Dan Browning, 1261 Emerald Circle, Southlake. Mr. Browning stated he attended the organized meetings held at Lonesome Dove Church for the residents with Tom Matthew. Most all problems have been worked through. Everything seems to have come together and everyone wanted to compromise except one. Placement of the drainage issue and the sewer placement is troubling. Mr. Browning stated he feels the drainage issue must be resolved by the City Engineer. The residents want a strong commitment from the City Engineer. Regular City Council Meeting Minutes April 5, 1994 page nine Agenda Item #8-A. Continued Jean Miemirowski, 1359 Blue Teal, Southlake. Ms. Miemirowski stated she was in favor of the planned development. Tom Matthew addressed Mr. Blackwell's issues, stating they recognize the problem with down stream drainage, however, down stream will be in Grapevine. He indicated Southlake got a letter from City of Grapevine about this issue. Matthew stated Mr. McKeen has stated he would not mind having the lift station in his back yard. Mr. McKeen is to work with Mr. Matthew in regard to these issues. Mayor Fickes stated if there is anyway to keep the drainage in Southlake, we should do it. The Mayor commended the homeowners for the job they have done. He also commended Mr. Matthew. Councilmember Emerson stated in regard to moving the lift station to residents in Emerald Estates, some months ago the City did a study to see what it would cost to put sewer in the homes that did not have it, Emerald Estates had one of the highest costs. By the homeowners not having to pay for the lift station, as it will be paid for by the developer, that reduces the cost by somewhere around $5,000. With participation by the homeowners, Emerald Estates could have sewer in the near future. Motion was made to approve Ordinance No. 480-114, subject to the 4th Development Plan Review Summary dated March 31, 1994; the development is being approved subject to the amendments to the park dedication fee in item #3; also that development is being approved subject to the amended of the Plan Unit Development restrictions dated April 1, 1994, which addresses number of lots in subdivision being no more than 150 as designed by Tom Matthew; als o that prior to second reading Mr. Matthew is to get with the residents in regard to drainage and possible location for the lift station, before coming back to Council on April 19, 1994. Motion: Emerson Second: Apple Mayor Fickes read the caption of the ordinance. Ayes: Emerson, Apple, Farrier, Franks, Evans, Wambsganss, Fickes Nays: None Approved: 7-0 vote Regular City Council Meeting Minutes April 5, 1994 page ten A~enda Item gS-B. ZA 94-15. Preliminary Plat of Lonesome Dove Estates ZA 94-15, Preliminary Plat of Lonesome Dove Estates, 82.4 acres situated in the N.E. Thompson Survey, Abstract No. 1563, of which 31.196 acres is recorded as Lonesome Dove Estates, Phase I. Current zoning is "AG" Agricultural (9.53 acres) and "SF-20A" Single-Family Residential (72.88 acres); requested zoning is "R-P.U.D." Residential Planned Unit Development. Owners: Mary M. Arnold, Gary Cantrell, Larry D. Parker, Sharon K. Parker, Cindy Atkinson, and Randy A. Parker. Applicant: Tom M. Matthew, dab Hat Creek Development. The Zoning Administrator, Karen Gandy, noted forty-eight (48) notices were sent to property owners within 200', and responses are noted in agenda item #8-A. The applicant has met all the review comments of the third Plat Review Summary dated March 11, 1994, with the exception of those items addressed in the fourth Plat Review Summary dated April 1, 1994. Tom Matthew, Developer, was present to answer questions for Council. Matthew noted the plat has 150 lots, one lot for park and two lots removed from the northwest area of the plat. Motion was made to approve the Preliminary Plat of Lonesome Dove Estates, subject to the fourth Plat Review Summary dated April 1, 1994, deleting item #12 for the same reasons as in the zoning issue, and deleting #13, the lot being 26,650 square feet as opposed to 30,000, and also, subject to the final plat coming back revised subject to the 150 single-family lots as opposed to the 152 lots as shown on the plat presented tonight. Motion: Emerson Second: Franks Ayes: Emerson, Franks, Farrier, Evans, Wambsganss, Apple, Fickes Nays: None Approved: 7-0 vote Mr. Matthew expressed that he thoroughly appreciates the efforts of all the residents on the north side of town, and that he looks forward to working with them again. Anendlt Item #8-C. Ordinance No. 578. 1st readine. Wrecker and T0wit~ Ordinance. Curtis Hawk, City Manager, introduced Ordinance No. 578, Wrecker and Towing Ordinance, for first reading. He noted this ordinance is identical to the discussion item presented to City Council on February 15, 1994, with the exception of deletion of references to storage of vehicles. Regular City Council Meeting Minutes April 5, 1994 page eleven Agenda Item #8-C. Continued Billy Campbell, Director of Public Safety, expressed that it is recommended that the City engage in a single vendor system for regulating City business and that we provide a permitting process for in-tow wreckers to ensure reasonable service and protection for our citizens. The single contract vendor is specific to City business only and does not prohibit other wrecker companies from doing business with the City of Southlake or its citizens. A proposed Contract is being drawn up by the City Attorney's office. The contract can only be adopted after the second reading. Motion was made to approve Ordinance No. 578, 1st reading, as presented. Motion: Apple Second: Franks Mayor Fickes read the caption of the ordinance. Ayes: Apple, Franks, Farrier, Emerson, Evans, Wambsganss, Fickes Nays: None Approved: 7-0 vote Aeenda Item/D-A. Resolution No. 94-1S. C~allln~ Pllblic Hearings for Annexation. The City Manager, Curtis Hawk, commented that the property described as 0.361 acres of land located in the C.M. Throop Survey, Abstract No. 1510, Tract 7A, is being annexed with the knowledge of the Town of Wesflake. Wesllake approached the City of Southlake with the suggestion that we annex the property, which is in the Westlake extraterritorial jurisdiction. The public hearing declares two (2) public hearings shall be held, one on the 19th of April, and one the 3rd of May, at 7:00 p.m., both held during Regular City Council Meetings. Motion was made to approve Resolution No. 94-15, Calling two public hearings for annexation of property into the City of Southlake. Motion: Apple Second: Wambsganss Ayes: Apple, Wambsganss, Evans, Franks, Farrier, Emerson, Fickes Nays: None Approved: 7-0 vote Anenda Item #10-A. Develooer A~,reement for Timber Lakes. Phases IH & IV. Director of Public Works, Bob Whitehead, stated, originally this addition was submitted and approved as Phase III. At the City's request, Phase III was divided into Phases III and IV due to the fact that the Developer anticipated construction in two phases. The plat remains the same and the number of lots in Phase III are the same number of lots in Phase IH and IV. The agreement contains the standard requirements for the provision of water, sewer, streets, and drainage. Regular City Council Meeting Minutes April 5, 1994 page twelve Agenda Item #10-A. Continued Usual requirements relating to performance and payment bonds, maintenance bonds, inspection fees, and park fees are included in the Agreement. The following items are unique to these Phases, which resulted in revisions to our standard agreement. Page 1, Section 1. GENERAL REOLIIREMENTS: has a change regarding the time frame on the completion of work. Normally Additions are completed within a two year time frame. Phase III will be completed within two years, but Phase IV will require an additional 12 months after Phase III is completed. Page 9, Paragraph A, SEWER PRO-RATA: stated that this Addition will pay their share of pro-rata toward the S~4 Sewer Line. The cost is determined to be $7,328.45. page 9, Paragraph B, OFF-SITE DRAINAGE: requires the Developer to contribute pro-rata toward the cost of replacing the box culvert at Continental Blvd. The cost is determined to be $5,338.43. Page 10, Paragraph D, PARKS FEES: states that the Developer agrees to donate 5.3 acres of parkland within the Country Walk Addition. Additionally, the Developer agrees to install certain improvements on park property in conjunction with the construction of Country Walk. On February 7, 1994 the Park Board unanimously approved the parkland dedication and recommended acceptance of the land to satisfy the parkland dedication and fee requirements of both Timber Lake Phases III and IV and Country Walk. Please note that even though Timber Lake Phase III was approved by the Park Board, the plat and number of lots in Phase III and Phase IV of this Addition remain the same. Page 10, Paragraph F, PHASING CONSTRUCTION: indicates the construction time planned for the two phases. This section was requested by the Developer. Mr. Whitehead commented that based on the letter from Nelson Corporation, dated 3/23/94 (attached to the minutes), this agreement for the park fees included all the remaining portions of Timber Lake, not just Phases III and IV. Mayor Fickes had questions in regard to the time frame of the Development. In accepting the improvements at Country Walk, how do we tie the conveyance of that property to the City in the event Country Walk is delayed, or doesn't develop. When are we going to dedicate the park and when will they do the improvements? Regular City Council Meeting Minutes April 5, 1994 page thirteen Agenda Item #10-A. Continued A discussion was held in regard to the questions of Mayor Fickes and other Councilmembers regarding the time frame of the improvements. The dedication has to be made right away. The only thing that has to be escrowed is the funds for improvements that will be made at some point and time. Motion was made to approve the Developer Agreement for Timber Lake Phases III and IV, incorporating the letter from the Nelson Corporation concerning the Country Walk park and its improvements, subject to an agreement being worked out with staff concerning its implementation and timing. Motion: Farrier Second: Evans Ayes: Farrier, Evans, Apple, Wambsganss, Emerson, Franks, Fickes Nays: None Approved: 7-0 vote Curtis Hawk commented he wants the record to reflect that the Phase HI and IV is the new Phase III and IV we are working with which was originally submitted as Phase IH, but now it is divided into two parts. Greg Last commented he will work with the Developer with the intent of getting the dedication prior to acceptance. Council adjourned to recess at 9:05 p.m. Council returned to open session at 9:15 p.m. Agenda Item #11-B. Annual Audit The Annual Comprehensive Financial Report for the Fiscal Year ending September 30, 1993 was presented by Jerry Gaither, with the firm of Weaver and Tidwell, Certified Public Accountants, Dallas, Texas. The Comprehensive Annual Financial report is presented in three sections: introductory financial, and statistical. Excluded from this report is financial information for Tarrant County, Carroll Independent School District, Keller Independent School District, Grapevine-Colleyville School District, Tarrant County Junior College District, Tarrant County Hospital District, Tarrant Appraisal District, Texas Municipal Retirement System, Denton County, and Northwest Independent School District. These entities have separately appointed or elected boards tha t oversee their individual operations. Regular City Council Meeting Minutes April 5, 1994 page fourteen Aeenda Item #11-B. Continued When asked how Southlake compares to other cities, Mr. Galther stated with a fund balance of 31%, we are as strong as most. The Southlake Budget Report and Audit Report have received awards for outstanding record for excellence for 1990, 1991, 1992, by the Government Finance Officers Association of the United States and Canada. Councilmembers commended LouAnn Heath, Finance Director for the professional ability she has brought to the City of Southlake, as shown by these awards. A~,enda Item #11-A. Rezonino of Certain Properties that do not currently Conform with the City's Lane Use Plan. Greg Last, Director of Community Development, led the discussion in regard to rezoning of certain properties that do not currently conform with the City's Land lJse Plan. District 7 (southeast corner of Southlake) was discussed. It was noted that if we rezone the property, we would have to stay with the Land lJse Plan. If rezoned, the property owners would be notified. Council expressed their opinion to go with SF-20A. A~enda Item #1-B. Executive Session. Continued Mayor Fickes announced that Council would be returning to executive session pursuant to Chapter 551 of the Texas Government Code, Sections 551.072 of the Open Meetings Act to seek the advice of the City Attorney to discuss the pumhase, exchange, lease or sale of real property. Council returned to executive session Council returned to open session Aeenda Item #1-C. Continued Motion was made to authorize the Mayor to enter into a contract with Marion Truelove, James Dudley Truelove, Mary Louise Truelove and Thomas Edward Truelove Sr., for the pumhase of approximately 9.32 acres located on the north side of F.M. 1709 and the east side of Shady Oaks Road for approximately $30,000 per acre and that the authorization be subject to the approval of the City Attorney's. Motion: Emerson Second: Apple Ayes: Emerson, Apple, Evans, Wambsganss, Farrier, Franks Fickes Nays: None Approved: 7-0 vote Regular City Council Meeting Minutes April 5, 1994 page fifteen Aoenda Item #1-C. Continued Motion was made to approve a letter agreement for $19,500 on the Smith property as presented in executive session. Motion: Franks Second: Farrier Ayes: Franks, Farrier, Emerson, Wambsganss, Apple, Evans, Fickes Nays: None Approved: 7-0 vote A~enda Item #11-C. Mid-Year Review This item was postponed until a future City Council meeting. Aeenda Item #12. Adjournment ourned by Mayor Fickes as 11:15 p.m. L. LeGrand City Secretary City of Southlake, Texas CITY COUNCIL MEETING SIGN le I L-i riviJH Pa SPEAK DURING THE MEETING DATE: 4/i/ V NAME ADDRESS TELEPHONE AGENDA ITEM " '_.1 i i . ' ' 1 I I 1 ' - ( , 0 AST 6 4. - c'g'-14,5,L -- -A 09 '7 9 air `. s -.y 2-30 / 1 I ry " ✓ e R_ . 4 Pe- J ✓T"e 1 :.t _k L\a\A3 10 1 St..34451 - 3L__ --, Akin e-y l - 0 e__G _ , 04,0 4 1 44?/e,) w., 0„,,s, L, soc Ali 3Q, it If 1/ r% gal -3a1J T r c e. 0 --( 74P15 " 5 - i? C /`/ PL/1/ fil(,:_ , `/ - 537,S7) - I ) b iT'rUiJlS l ' ) .C() l 2- r. PI n- I '15'1 EM (J24 , > -, C,r,= -,? 7 -o '1 5 / t� L: Agenda Item #6- Public Forum March 30, 1994 RECEIVED To: Michael H. Barnes MAR 3 1 1994 ty ) Public Works Director CITY SECRETAR City of Southlake Southlake, Texas ' Re: Abandonment of R.O.W. t5oPer, Dc-K ‘1,v This letter constitutes our request for abandonment of fight of Way on a piece of property located between 1500 Post Oak Trail and Commonly known as Trail Creek R.O.W. Originally planned as a street, both driveways on said properties exit to the R.O.W. and access to these driveways is over a dirt and gravel path developed over time. This path throws up great amounts of dirt when dry and becomes a muddy mess when wet effecting the whole neighborhood and making an unexceptable situation. The city has indicated that they no longer have plans to build a street on the R.O.W. It is the desire of both parties to build a concrete driveway over the R.O.W. in order to access our homesteads to the street. We ask you to consider the following options: Option I: Our first option would be to leave the status of the R.O.W. unchanged and ask for City approval to build a concrete driveway on the R.O.W. to connect both driveways with the street. Option II: Our second option would be for the City to abandon the R.O.W. The two owners of the adjacent property would purchase the property and dedicate a drainage and utility easements over the storm drain and water lines respectively. Any other options that the City staff might have to help us resolve our problems would be greatly appreciated. Thank you, , / r� / 5-0 / U- �- CA ter! • / C� C� � f Ch L, i . / _5,. ,,E,_,D4-eocie_k (2y 766 Z S /4 7 ---- A - X9C9-2_ 4 1 f - iq k )___. .TP- / 6 5 ,2- Agenda Item #8 -A AMENDMENTS TO PLANNED UNIT DEVELOPMENT RESTRICTIONS for LONESOME DOVE ESTATE, APRIL 1,1994 Pursuant to ongoing negotiations with residents in the area of the proposed Lonesome Dove Estates subdivision and subsequent agreements with the residents, I request the following modifications be made to the application and accompanying development regulations: 1. The public neighborhood park referenced throughout the Residential PUD application shall be tailored to and designed for toddlers and adolescents. It is the mutual feeling of the developers and the neighboring residents that the junior high school, located immediately across Carroll Avenue, offers plentiful recreational facilities for the older youths and young adults. Therefore, the public park within Lonesome Dove Estates shall be planned and designed for the younger population and their parents. 2. The density of Lonesome Dove Estates shall be reduced from a total of 152 residential lots to a total of 150 residential lots. 3. The minimum size building requirement shall be modified to be: a.) The minimum size residence shall be 2,100 square feet; b.) No more than twenty percent (20 %) of the residents within the subdivision shall be in size from 2,100 square feet to 2,200 square feet; c.) No more than an additional twenty percent (20 %) of the residents within the subdivision shall be in size from 2,200 square feet to 2,300 square feet; d.) The remaining sixty percent (60 %) of the residents within the subdivision shall be a minimum of 2,300 square feet in size. 4. The fence surrounding the park shall be of the same design and quality that is, as of this date, located at the rear of the property currently owned and occupied by Mr. and Mrs. Chet Longenecker, that being, wooden posts with four, 2" by 6" rails. Additionally, a protective planting material such as pyracantha will be planted along the fence line to discourage trespassing through or onto the adjoining residential properties. I respectfully submit these changes and modifications for your consideration and approval. HAT CREEK DEVELOPMENT COMPANY B — Tom M. Matth- , Jr. Agenda Item #8 -A City of Southlake, Texas M E M O R A N D U M March 31, 1994 TO: Curtis E. Hawk, City Manager FROM: Karen P. Gandy, Zoning Administrator SUBJECT: ZA 94 -14 Rezoning and Development Plan, Lonesome Dove Estates/ First Reading, Ordinance No. 480 -114 REQUESTED ACTION: Rezoning and Development Plan approval of Lonesome Dove Estates, being 82.4 acres situated in the N. E. Thompson Survey, Abstract No. 1563, of which 31.196 acres being recorded as Lonesome Dove Estates, Phase I, in Cabinet 'A', Slide No. 546, P.R.T.C.T. LOCATION: North of Emerald Estates, East of North Carroll Avenue, South of Burney Lane, and West of Lonesome Dove Avenue OWNER: Mary M. Arnold, Gary Cantrell, Larry D. Parker, Sharon K. Parker, Cindy Atkinson, and Randy A. Parker APPLICANT: Tom M. Matthews, Jr. d /b /a Hat Creek Development CURRENT ZONING: "AG" Agricultural (9.53 acres) and "SF -20A" Single - Family Residential (72.88 acres) REQUESTED ZONING: "R- P.U.D." Residential Planned Unit Development LAND USE CATEGORY: Medium Density Residential NO. NOTICES SENT: Forty -eight (48) RESPONSES: Written responses within 200': (see attached) One (1) in favor and nineteen (19) in opposition Written responses outside 200': (see attached) Four (4) in favor and eighty -one (81) in opposition Note letter from Janet Murphy, Chair of the Park and Recreation Board thanking the developer for offering to donate neighborhood parkland in the northern part of the city. P & Z ACTION: February 17, 1994; Approved (6 -0) to table ZA 94 -14 and continue the Public Hearing to the March 3, 1994 Planning and Zoning meeting. March 3, 1994; Approved (4 -1) Motion was made to approve ZA 94 -14, subject to the Plan Review Summary dated February 25, 1994 and noting on #6 applicants interpretation is net perimeter R.O.W. with the following modifications to the development regulations - pg. 1, changing the gross acreage to 82.4 acres - pg. 3, changing maximum density to 1.95 du /acre - pg. 3, changing number of residential lots to 160 - pg. 3, delete next to last paragraph in the "Development Concept" section. - pg. 4, adding masonry fence at rear of lots backing to Burney Lane and adding a wood fence with 47.5' on center masonry column western cedar, board -on -board with decorative cap and metal posts. �A -1 City of Southlake, Texas - pg. 4, changing 7.9 -acre public park to 7.976 -acre park - pg. 4, deleting portion of last paragraph starting with "Immediate access... in the Development Concept section." - pg. 5, Development Regulations: 1. adding minimum lot size - on Carroll 26,500 sq.ft. 2. adding minimum lot width - on cul -de -sac lots, 85 ft. with 50% of frontage on the curve. 3. adding minimum lot depth - 135 ft. on Burney Lane and Lonesome Dove Ave. except when measured on the cul -de- sac; a minimum lot depth of 169 ft. on Carroll Ave. 4. changing minimum floor area to 2000 sq.ft. 6. adding minimum front yard setback of 45' for lots fronting Carroll Ave. 11. changing maximum residential density to 1.95 du /gross acres - pg. 6, Roadways: last paragraph change "Burney Road" to "Lonesome Dove Avenue." and that the Development Plan be in conformance with the Preliminary Plat presented tonight. COUNCIL ACTION: March 15, 1994; Approved (4 -0) applicant's request to table and continue the Public Hearing until the April 5, 1994 City Council meeting. STAFF COMMENTS: The applicant has met all the review comments of the third Plan Review Summary dated March 11, 1994 with the exception of those items addressed in the attached fourth Plan Review Summary dated March 31, 1994. Note: At the March 15, 1994 City Council meeting there was opposition to the rezoning request of 20% of the land area within 200' of the site; however, since that time several of those residents who were opposed are now in favor of the request; thereby, eliminating the need for a super - majority vote of the City Council. KPG /gj C: \WPF \MEMO \CASES \CC94- 14.pud SA - 2 • 1 SA di _ ' `` % : fi „y„-,:„;-;,.., -cam J-- -r -� r 191. wicra � , ;;;, .,.. 11.1 b. THROW) � : < • sir 11 s . s r ;%: — I, r HAFFcvli I Ss ./ ! - - - - -- —� Vii L. ' — \ ; 1111 111111111 111 ■1111111111 s ' ' J. 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CURRY & ppppvl7tre vKZ ntr�cxr DALLAS, TEXAS ? 5 DQBCtOR Or RI nRC (414) SS0 -2605 :arch 23, 1994 FAx (214) ammmo, IXonorable Mayor Gary Fickes VIA FAX City of Southlake 667 North Carroll Avenue Southlake, Texas 76092 RE: Tintharlalce and Country Walk park dedication fees Dear Mayor Fickes: Pursuant to our meeting of March 4, 1994, The Nelson Corporation, on behalf of Paramount Development, respectfully requests that the Southlake City Council consider allowing a land dedication from the Country Walk development in lieu of required park dedication fees for the above mentioned projects. The actual dedication requirements and associated proposal is outlined as follows: 1. Timberlake will have a total of approximately 435 single family lots of which 165 received preliminary plat approval prior to the Park Land Ordinance being adopted, resulting in 270 lots subject to park dedication fees. Based on current Park Board criteria, the public park land dedication requirement will be 5.4 acres. 2. Assuming the Park Board grants a 50 % credit to Timberlake for the existing developed private park land and amenities including playgrounds, jogging trail, tennis courts, swimming pool, pavilion, lake, fountains, etc. and an additional existing passive park space of approximately 33 acres, this reduces the required park land dedication to 2.7 acres. 3. The proposed plans for the Country Walk subdivision call for the development of approximately 55 single family lots, therefore requiring 1.1 acres of public park land dedication. 4. The proposed plans for the Country Walk subdivision includes approximately 5.3 acres of proposed park land, which would surpass the requirement of 3.8 acres for both Country Walk and Timberlake (Country Walls 1.1 acres and Timberlake 2.7 acres). 5_ Additionally, the developer agrees to install certain improvements on park property in conjunction with the construction of Country Walk, such improvement to become the property of the City of Southlake. These improvements will include rough site grading, as well as berms, trees, and irrigation on the park perimeter abutting Continental Boulevard and Village Green Drive. In this regard, The Nelson Corporation requests that the Southlake City Council allow the developers to dedicate approximately 5.3 acres of park land within the Country Walk subdivision to satisfy all park land dedication and fee requirements of both Timberlake and Country Walk. Thank you for your time and consideration of the matter. If you have any questions, please do not hesitate to call. Sincerely, THE NELSON CORPORATION rY Executive Vice President PNOBNE904200\MLIP:Xt-ttLi