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1994-09-06CITY OF SOUTHLAKE, TEXAS 667 NORTH CARROLL AVENUE REGULAR CITY COUNCIL MEETING SEPTEMBER 6, 1994 MINUTES COUNCILMEMBERS PRESENT: Mayor Gary Fickes; Mayor Pro Tem Jerry Farrier; Deputy Mayor Pro Tem Jon Michael Franks. Members: Michael Richarme, Stephen Apple, and W. Ralph Evans. COUNCILMEMBER ABSENT: Andy Wambsganss STAFF PRESENT: Curtis E. Hawk, City Manager; Shana Rice, Assistant City Manager; LouAnn Heath, Director of Finance; Bob Whitehead, Director of Public Works; Ron Harper, City Engineer; Greg Last, Director of Community Development; Billy Campbell, Director of Public Safety; Paul Ward, Building Official; Tom Elgin, City Planner; Kevin Hugman, Assistant to the City Manager; Analeslie Muncy, City Attorney; and Sandra L. LeGrand, City Secretary. INVOCATION: Councilmember W. Ralph Evans. WORK SESSION: The Work Session began at 6:30 p.m., whereby Councilmembers and City staff reviewed all agenda items for tonight's meeting. The Regular City Council meeting was called to order at 7:00 p.m. by Mayor Gary Fickes. Agenda Item #2-A. 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 devises. Council adjourned into executive session at 7:01 p.m. Council returned to open session at 8:15 p.m. Regular City Council Meeting Minutes September 6, 1994 page two Agenda Item #2-B. Action Necessary/Executive Session Motion was made to approve the agreement presented in executive session relative to the purchase of real estate and the settlement of the lawsuit which was discussed in executive session. Motion: Franks Second: Apple Ayes: Franks, Apple, Evans, Richarme, Farrier, Fickes Nays: None Approved: 6-0 vote Motion was made to direct staff to pursue the acquisition of land as discussed in executive session. Motion: Franks Second: Apple Ayes: Franks, Apple, Evans, Richarme, Farrier, Fickes Nays: None Approved: 6-0 vote Agenda Item #3. Auoroval of the Minutes of the Aumlst 16. 1994. City Council Meetinm Motion was made to approve the minutes of the August 16, 1994, City Council meeting as presented. Motion: Apple Second: Franks Ayes: Apple, Franks, Evans, Richarme, Farrier, Fickes Nays: None Approved: 6-0 vote Agenda Item #4-A. Mayor's Reoort During the Mayor's Report, Councilmember Franks noted that "GRACE" will hold the annual "kick-off" breakfast in Grapevine, Friday morning at DFW Hilton, Grapevine from 7:30 a.m. to 10:00 a.m., for fund raising for GRACE. GRACE is a local charitable organization that takes care of local people in need, for those in Southlake, Grapevine, and Colleyville. The fund raising will be a nine (9) week project. Packets will be handed out with suggestions on how an individual or group can help fund GRACE. The goal for GRACE this year is $291,000. For those interested, the gourmet chief of DFW Hilton has prepared a special breakfast for the occasion. Please contact Mr. Franks if you are interested in attending. Regular City Council Meeting Minutes September 6, 1994 page three Agenda Item #4-A. Continued Mayor Fickes announced that Items #8-C and #8-D on the agenda will be tabled tonight. Item #8-C will need a super-majority vote of the Council which is 75% of the vote or six votes, and tabled as one Councilmember is absent this evening. Agenda Item #8-D will also need a super- majority of the vote of the Council as 20% of the property owners signed a petition in objection to the zoning action, also, the applicant asked this item be tabled. Agenda Item #4-B. City Mana~,er's Renort No items were discussed during the City Manager's Report. Aeenda Item #5. Consent Aeenda The Consent agenda consisted of the following items: 5-C. Award of bid for Street Improvements on North Kimball Avenue from F.M. 1709 to S.H. 114. 5-D. Revisions to the Corridor Study Services Contract. 5-E. Request to advertise for bids for 12" water line improvements on Shady Oaks Drive. 5-F. Request to advertise for bids for two sets of Traffic Signals at North Kimball Avenue and F.M. 1709 and North Kimball Avenue and S.I-I. 114. 5-G. Request to advertise for bids for Bicentennial Park expansion. Resolution No. 94-43, authorizing the City of Southlake to enter into an agreement with the State of Texas whereby the City will assume responsibilities for drainage and maintenance of the State's Drainage Easement on F.M. 1938. iO-A. Request for a permit for an Archery and BB Gun Range for Cub Scout #507, in accordance with Ordinance No. 527. Motion was made to approve the Consent agenda, items #5-C, #5-D, #5-E, #5-F, #5-G, #9-B, and #10-A. Motion: Apple Second: Farrier Ayes: Apple, Farrier, Franks, Richarme, Evans, Fickes Nays: None Approved: 6-0 vote Regular City Council Meeting Minutes September 6, 1994 page four A~enda Item #5-A. Consent - Audit Firm A~reement LouAnn Heath, Director of Finance, sent proposals (RFP) for professional audit services to ten accounting finns. The RFP requested a five-year contract period, with fiscal year 1994 the initial contract year. The firms contacted were those that had requested to be put on the City's bid list for audit services plus the major national firms that service municipal clients in the area. A copy of the memorandum from LouAnn Heath is hereby attached to the minutes. The City Manager, Curtis Hawk, noted with the familiarity of Weaver and Tidwell, it will take less of staffs time, therefore cost less in the process. With a smaller firm, if something happens, the city will be in trouble. Councilmember Richarme asked if all the firms that submitted proposals are qualified firms. Ms. Heath replied, yes. Councilmember Franks stated he feels the firm we were using would put us in a better position. All CPA's are not created equal, as all attorney's are not created equal. Councilmember Farrier also supports the recommendation of the Finance Director and feels the city would be further ahead with Weaver & Tidwell. Motion was made to approve the recommendation of the City staff and select Weaver & Tidwell for the City auditor with a five (5) year contract. Motion: Apple Second: Franks Ayes: Apple, Franks, Farrier, Richarme, Evans, Fickes Nays: None Approved: 6-0 vote ADDITIONAL INFORMATION ON CONSENT ITEMS Award of Bid for Street Improvements- Kimball Road S.H. 114 to F.M. 1709. North Kimball Avenue from S.H.114 to Southlake Blvd. (F.M.1709) is a new street. It is designed as an ultimate six-lane divided roadway. The street is to be built in stages. The first stage, the current bid for consideration, is the construction of storm drains, curb and gutter on the outside lanes, and the two outside lanes in each direction. The street will be concrete, and the center will be left as a grassy median. At. S.H. 114 and Southlake Blvd., North Kimball will transition back to two lanes to match the existing two-lane streets across each intersection. The engineer's estimate was $321,000 for this Regular City Council Meeting Minutes September 6, 1994 page five Anenda Item #5. Continued project. Actual low bid was $333,984.94 or an increase of $12,984.94. This increase in costs should be covered in a reduction in the signal costs as Wal-Mart has agreed to pay for one-half of the signal and installation on Southlake Blvd., saving the City around $20,000, which had been budgeted for signalization. The low bidder is LL. Bertram, Inc. Revisions to Services Contract for Corridor Studies. The recent increase in citizen interest in aesthetic controls and sensitivity to development related planning has impacted the direction and scope of the Corridor Study. It is apparent that we will need to provide additional opportunities for public input and to expand the services required to deal with the areas of interest to the citizens and interested public who have attended the Corridor meetings. This additional work is estimated to be an additional $15,000 for a total not- to-exceed contract price of $35,000. The main areas of additional work are as follows: Two additional CAC meetings; One additional public meeting; additional research and preparation needed to include urban design issues into public meetings and the report; additional graphic illustrations anticipated in the report to describe concepts and requirements; to graphically add in the previously excluded portion of F.M. 1709 from Carroll to Peytonville. This project will extend into the 94-95 budget year, it is recommended by staff that the 94-95 budget be increased to accommodate the required $415,000 for this contract expansion. Line item 230, Professional Services. Request to advertise for bids for 12-inch water line improvements on Shady Oaks Drive. The existing water main on Shady Oaks Drive from Southlake Blvd. to Highland, is a 4-inch line. The City's Water Master Plan based upon the Land Use Plan calls for an 8-inch line to be constructed on Shady Oaks Drive, from Southlake Blvd. to Highland. With the location of the proposed school on Shady Oaks, their fire flow requires a 12- inch main instead of the 8-inch main. The City's Five Year Water Capital Improvement Plan showed the improvement to be placed in Shady Oaks in FY 1996. Staff is recommending in the FY 1995 Budget, Capital Projects, that the 12-inch main be constructed with Carroll Independent School District paying for the oversizing from an 8-inch to a 12-inch main. The total estimated cost is $130,000 with CISD's share being $30,000. Request to advertise for bids for two sets of Traffic Signals: North Kimball and F.M. 1709 and North Kimball and S.H. 114. To complete the construction of North Kimball Avenue from Southlake Blvd (F.M. 1709) to S.H. 114, the two intersections with North Kimball at F.M. 1709 and S.H. 114 need to be signalized. Tx-Dot will not signalize an intersection that had not been constructed and that a traffic study would need to be conducted to warrant the signals. When Wal-Mart became a reality and requested Regular City Council Meeting Minutes September 6, 1994 page six Aeenda Item #5. Continued driveway permits from Tx-Dot, then Tx-Dot insisted that the two intersections be signalized. Staff has negotiated with Wal-mart to pay for one-half the cost of the signals at North Kimball and F.M. 1709. Tx-Dot has offered the use of any equipment, which can be utilized from the intersection of Short Avenue and S.H. 114. Council may recall that the signals at Short Avenue at S.I-I. 114 are to be removed at the request of the City to abandon Short Ave. The cost is to be $80,000, however, the funds are set aside to do the project with Wal-Mart paying a portion. Request to Advertise for Bids Bicentennial Park Expansion Project-Phase I. J.T. Dunkin and Associates, designers for the Bicentennial Park Expansion Project Phase I are completing the construction documents and are ready to advertise for bids. The Texas Department of Transportation is requesting that the City enter into a maintenance agreement for the drainage easement, which was enclosed across the corner of Southlake Market Place (F.M. 1709 and F.M. 1938). Tx-Dot policy requires such a maintenance agreement with the municipality prior to construction. Tx-Dot will not enter into an agreement with a private individual or company. Resolution No. 944[3, maintenance agreement between the State of Texas and the City of Southlake for the State's drainage facility left of station 13+65.54 on F.M. 1938. IO-A. A request by David W. Callahan, Boy Scout Pack 507 for a permit to conduct their annual "Turkey Shoot". Arrangements have been made to hold the event at Camp Burnett in Southlake on October 8th and 9th, 1994. Aeenda Item #8-C. Ordinance No. 480-139. 1st readine (ZA 94-803 Ordinance No. 480-139, 1st reading (ZA 94-86), Rezoning request for an 11.76 acre tract of land situated in the Jesse G. Allen Survey, Abstract No. 18 (formerly Tiffany Acres). Current zoning is "AG" Agricultural, with a requested zoning of "I-2" Heavy Industrial District. Owners/Applicants: v.~r. Strand dba V.J. Strand Excavating, Sally and Brad Scribner, Lee Roy Hess and Chris Cagle dba Prestige Gunite, Inc., Robert Van Til, Individually and dba Orlando Concrete, and Thomas Poteet. SPIN Neighborhood//15. Motion was made to table this agenda item with a location and time to be announced. Motion: Farrier Second: Richarme Ayes: Farrier, Richarme, Franks, Evans, Apple, Fickes Nays: None Approved: 6-0 vote (to table) Regular City Council Meeting Minutes September 6, 1994 page seven Agenda Item #8-D. Ordinance No. 480-144. 1st readins, (ZA 94-88) Ordinance No. 480-144, 1st reading (ZA 94-88), Rezoning and Development Plan for Coventry, being a 103.76 acre tract of land out of the T.M. Hood Survey, Abstract No. 706, being Tracts 1, lC, lA, lB, 3A, 3C, llB and Lots 1 & 2 Bradley Addition. Current zoning is "AG" Agricultural, with a requested zoning of "R-P-U-D" Residential Planned Unit Development. Owners: Helen Taylor and Harry J. Bradley. Applicant: PIMA Properties, Inc. SPIN Neighborhood #11. Motion was made to table Ordinance No. 480-144, time certain September 20, 1994, with a place and time to be announced. Motion: Apple Second: Farrier Ayes: Apple, Farrier, Evans, Franks Nays: Fickes and Richarme Approved: 4-2 vote (to table). Agenda Item #4-C. SPIN Renort Ronald Maness, SPIN #11,420 Ravenaux Drive, Southlake. Mr. Maness stated that SPIN #11 has had two very productive meetings. During their first meeting, thirty-six citizens were present and twenty-seven citizens were present for the second meeting. This attendance just goes to show, when there is an issue on the table, the citizens will come out. Mr. Maness stated he feels the SPIN concept is a very effective tool for communication in the community. SPIN #11 stated development and quality of growth as major concerns. Traffic and control of traffic is another. Maness stated he feels no division between the north side and south side of Southlake. He announced when SPIN #11 meets, all the community is welcome. Councilmember Ion Michael Franks stated he will be malting a comment tonight and some people will consider it out of order, however, Mr. Maness is the representative of the people here tonight who have come to talk in opposition to the zoning case. "Council is an elected body, this is a government building, and I am a practicing attorney who does a lot of litigation work. There should be order, there should be decorum, and I will tell you this, people who come in here and crowd a chamber, and yell and scream and call out some obscenities, make vile threats, and some obvious threats to the elected officials, and will not listen to the Mayor or the Chair, who is chafing this meeting gain no points with me. People who have reasonable responses, stating their position is fine, if you want to have a show of hands of those here who oppose the issue, that is fine, but what I see in my mind Regular City Council Meeting Minutes September 6, 1994 page eight A~,enda Item #4-C. Continued borders on anarchy. That may be a strong word, but when people start shaking their fists at Council and threatening applicants and Council, that is not the American way. Well thought out speeches are fine. If you don't like what Council is doing, you take care of it at the polls. That is my feeling. I don't like it, I don't think it is necessary, I think it is childish, for whatever you can do when we have the meeting on September 20, 1994." Mr. Maness stated he appreciates the comments made by Mr. Franks, and stated he will do everything in his power to control the emotional level of those who want to participate in this governmental process. However, when people are concerned about issues, we are human beings first and democrats second. Agenda Item #6. Public Forum Ann Essig, 315 Dove Creek Trail, Southlake. Ms. Essig stated she has been before Council before to talk about her drainage problems. She noted on photographs, damage from recent heavy rains. She asked Council for signs to be placed, warning vehicles not to cross the road during heavy rains. She expressed thanks to City staff for keeping her culvert clean. Bob Whitehead, Director of Public Works stated this fall the street drainage repairs will begin as per the budget. There are several low-water crossings. Curtis Hawk, City Manager, stated he feels guard rails would help in this situation. Judy Gilmore- not present. Dennis McGrath, 2403 North Carroll Avenue, Southlake. Mr. McGrath stated he will table his comments until the next meeting. A~,enda Item/F/-A. Ordinance No. 480-141.2nd readinn (ZA 94-8B Ordinance No. 480-141, 2nd reading (ZA 94-81), Rezoning of a 1.0 acre tract of land situated in the James Thornhill Survey, Abstract No. 1505, Tract 1El. Current zoning is "AG" Agricultural, with a request for "SF-20A" Single-Family Residential district. Owner/Applicant: Southlake 11.4 Acres, Inc., Rich Robbins, Agent. SPIN Neighborhood #14. Karen Gandy, Zoning Administrator, noted five notices were sent to property owners within the 200' notification area and no written responses have been received. Regular City Council Meeting Minutes September 6, 1994 page nine Agenda Item g'/-A. Continued John Levitt, Levitt Engineers, was present representing the applicant. Public Hearing: Pamela Gagnon, 1005 Southlake Hills Drive, Southlake. Ms. Gagnon stated the property owners within the Southlake Hills Addition are trying to work with the developer of this addition, in an effort to stop the traffic through their addition, naming traffic, safety of children and deterioration to the new street as the reasons for concern. The citizens in Southlake Hills would like cooperation from the developer. She feels by spealdng tonight, they can get some help from the City. Greg Last, Director of Community Development, stated the lots in James Thornhill Survey, Abstract No. 1505 will front on North Hills Drive. John Levitt stated he spoke with Ms. Gagnon this evening, and Southlake Hills Addition is Rick Robbins' problems. Mr. Robbins has been waiting for direction from the Poe's. Curtis Hawk commented that the City has not formalized a developer agreement on a two lot addition, but we can if Council wishes. The only thing different would be park fees. Public Heating closed. Motion was made to approve Ordinance No. 480-141, 2nd reading. Motion: Franks Second: Evans Mayor Fickes read the caption of the ordinance. Ayes: Franks, Evans, Farrier, Apple, Richarme, Fickes Nays: None Approved: 6-0 vote Aeenda Item g'/-B. A 94-94. Plat Showine of Lot 1 and Lot 2. J. Thornhill No. 1505 Addition. ZA 94-94, Plat Showing of Lot 1 and Lot 2, J. Thornhill No. 1505. Current zoning is "AG" Agricultural, with a requested zoning of "SF-20A" Single-Family Residential District. Owner/Applicant: Southlake 11.4 Acres, Inc. SPIN Neighborhood #14. Regular City Council Meeting Minutes September 6, 1994 page ten ARenda Item//7-B. Continued The Zoning Administrator, Karen Gandy, noted five (5) notices were sent to property owners within the 200' notification area and no written responses have been received. The applicant has met all the review comments of the first Plat Review Summary dated August 12, 1994, with the exception of those items addressed in the second Plat Review Summary dated September 2, 1994. John Levitt, Levitt Engineers, commented there has not been complaints relayed to him concerning drainage problems. Traffic has been a concern, lie does not have a concern with having a developer agreement for Lots 1 & 2 only. Mr. Levitt asked to table this item until the next meeting. Motion was made to approve the Plat Showing of Lot 1 and Lot 2, J. Thornhill No. 1505 Addition, subject to the Plat Review Summary dated September 2, 1994, with the understanding that a two lot developer agreement will be developed. Motion: Richarme Second: Apple Ayes: Richarme, Apple, Evans, Franks, Farrier, Fickes Nays: None Approved: 6-0 vote Agenda Item g7-C. Ordinance NO, 480-0, 2nd readine Amendine Section 22. "C-3" General Commercial District to hermit Dry Cleanine/Laundrv Facilities Ordinance No. 480-0, 2nd reading, Amending Section 22, "C-3" Commercial District to permit dry cleaning/laundry facilities with maximum floor areas of 4,000 square foot. Karen Gandy, Zoning Administrator, commented that the 3,500 square feet approved at the first reading has been implemented into the ordinance. The public hearing resulted with no comments from the audience. Motion was made to approve Ordinance No. 480-O, 2nd reading with 3,500 square foot. Motion: Apple Second: Richarme Mayor Fickes read the caption of the ordinance. Ayes: Apple, Evans, Franks, Farrier, Richarme, Fickes Nays: None Approved: 6-0 vote Council adjourned for recess at 9:40 p.m. Council returned to open session at 9:55 p.m. Regular City Council Meeting Minutes September 6, 1994 page eleven Agenda Item/f'/-L. Ordinance No. 609. 2nd reading,. Lone Star Gas Comnanv Ordinance No. 609, 2nd reading, regarding the Rate Increase for Lone Star Gas Company was discussed. Vernie Henderson, Lone Star Gas Company, presented a letter indicating he filed a rate increase on May 11, 994, which would amount to $1,920 for the entire City of Southlake, residential use. This increase amounted to. 11% increase for the City, with most of the impact from the increase to be from the mid-cities area. He is here tonight asking City Council to accept a 35 day extension. Councilmember Richarme asked the City Attorney's opinion regarding this request, noting, based on the June 16, 1994 Gas Utility Regulatory Act to table, if we do this it would be the same effect as an approval. Analeslie Muncy, City Attorney, commented if Council denied the rate, the company can still put the rate into effect. The delay of 35 days will be the approved rate. Motion was made to continue the public hearing on Lone Star Gas Company for an additional 35 days. Motion: Franks Second: Apple Ayes: Franks, Apple, Evans, Farrier, Fickes Nays: Richarme Approved: 5-1 vote (to an extension) Agenda Item/f'/-M. Ordinance No. 623.1st reading. Tax Levv Ordinance. Ordinance No. 623, 1st reading, Tax Levy Ordinance was presented by LouAnn Heath, Director of Finance. Ms. Heath stated the FY 1994-95 budget proposed a tax rate decrease of $.006 from $.455 to $.449 per $100 of valuation. Ordinance No. 623 establishes the $.449 rate with the allocation of $.27285 for maintenance and operations and $.17615 for debt service for the tax year 1994. Delinquent tax incurs a penalty of 6% for the first month plus 1% for each additional month up to a maximum of 12%. Interest accrues at a rate of 1% per month on delinquent taxes. The ordinance also provides a 15% penalty for taxes not paid by July 1, 1995. Tarrant County serves as the City's tax collector. Regular City Council Meeting Minutes September 6, 1994 page twelve Aeenda Item g7-M. Continued Councilmember Michael Richarme stated to Mr. Hawk and Ms. Heath, he has spent a lot of time working with them on the budget. He thinks the budget in general terms is a good one, he stated he finds it highly disturbing that the tax rate they elected to choose is the maximum tax rate the city can get away with without having to notify the public and put it to a vote. He added, this concerns him. He stated he has four areas he would like the Council to consider for a possible reduction of this tax rate. Including: twenty new hires proposed in the budget, every one of them is scheduled to start on October 1. He suggested this schedule be altered, giving a 1/2 cent tax relief on the ad valorem. Sewer assessment project budget for $750,000. It has been determined that we will now issue bonds instead of the sewer assessment program, and the $750,000 is now going to "unspecified water projects". The City Manager stated the $750,000 is in the utility fund and has no bearing on the tax rate. Richarme also stated we could operate the budget at 99.5% of the existing budget level, that does not represent a lot but is does represent 1 cent of tax relief. Street impact fees also represents a 1 cent. He is recommending the city not go to a 44.9 cent rate on ad valorem, but acknowledge that growth is starting to pay for itself in the City of Southlake and we need to start providing relief to citizens who have stayed with the city during this period of growth. He recommended the tax rate be taken to $.440, if that is not possible, he is recommending the tax rate be taken to the City Manager's first proposal of $.4450 tax rate, which would be about a $35,000 finding. Councilmember Apple stated for several months the Council and staff have worked on the budget. He feels the tax rate being proposed is a good one. It represents a decrease to the citizens, and it may be what we can do without a public hearing. He added that Council is still a ways from meeting the goal for fund balance. Councilmember Farrier commented he defends Richarme's position, and that he is within his rights to make comments at this time. He supports the rate being proposed as it allows the Council to maintain the fund balance we need. He is concerned less about the $.449 tax rate this year, but is concerned about the future. Mayor Fickes stated he agrees with Councilmember Farrier, in that Richarme has worked hard. He asked the City Manager to look into the suggestion regarding the new hires. Regular City Council Meeting Minutes September 6, 1994 page thirteen Agenda Item #7-M. Continued Motion was made to adopt the tax rate of $.449 per $100 valuation. Motion: Apple Second: Franks Mayor Fickes read the caption of the ordinance. Ayes: Apple, Franks, Evans, Farrier, Fickes Nays: Richarme Approved: 5-1 vote A~,enda Item//7-N. First Public Hearine on FY 94-95 Annual Budeet The City Manager reviewed the highlights of the proposed FY 94-95 Annual Budget. (See Budget letter submitted by the City Manager, dated August 1, 1994, attached to the minutes of this meeting). The public hearing resulted with no comments from the audience. Aeenda Item//7-0. Ordinance No. 624. 1st reading, FY 94-95 Annual Bud~,et. LouAnn Heath, Director of Finance, reviewed for Council the changes made to the proposed budget as directed by Council as the result of the budget work sessions held on August 17 and August 18, 1994. A copy of the letter from Ms. Heath is hereby attached to the Minutes. Motion was made to approve the 1st reading of the proposed Annual Budget for FY 94-95 as presented. Motion: Apple Second: Evans Mayor Fickes read the caption of the budget. Ayes: Apple, Evans, Franks, Farrier, Richarme, Fickes Nays: None Approved: 6-0 vote The City Manager stated before the 2nd reading of the budget, staff will look at the items as suggested by Councilmember Richarme. Regular City Council Meeting Minutes September 6, 1994 page fourteen Aeenda Item #8-A. Ordinance No. 480-142. 1st readine CZA 94-82L Ordinance No. 480-142, 1st reading (ZA 94-82) Rezoning of a 3.122 acre tract of land in the Thomas Easter Survey, Abstract No. 474, being a portion of Tract 11E and being the proposed Lot 1, E.C. White Addition. Current zoning is "AG" Agricultural with a requested zoning of "SF-I" Single-Family Residential District. Owner/Applicant: E.C. White SPIN Neighborhood #7. Karen Gandy, Zoning Administrator, reported that twelve (12) notices were sent to property owners within the 200' notification area and two (2) written responses were received from outside the notification area: Peter Sporrer, in favor; and Kelcie T. Nance, opposed. Greg Last commented on the letter staff received from Dallas-Fort Worth International Airport regarding the Settlement Agreement between the City and DFW dated 1988, and that it is the intent of staff and DFW to get an avigation easement that will be agreeable to both the City and DFW Airport, prior to final plat. Motion was made to approve Ordinance No. 480-142, 1st reading. Motion: Franks Second: Apple Mayor Fickes read the caption of the ordinance Ayes: Franks, Apple, Evans, Farrier, Richarme, Fickes Nays: None Approved: 6-0 vote Agenda Item #8-B. ZA 94-83. Prellminarv Plat of Lots 1 & 2. E.C. White Addition. ZA 94-83, Preliminary Plat of Lots 1 & 2, E.C. White Addition, being 16.968 acres situated in the Thomas Easter Survey, Abstract No. 474 Tract liE. Current zoning is "AG" Agricultural with a request for the proposed Lot 1 of "SF-I" Single-Family Residential District for 3.122 acres; and the proposed Lot 2 to remain "AG" Agricultural. Owner/Applicant: E.C. White. SPIN Neighborhood #7. The Zoning Administrator, Karen Gandy, noted twenty-two (22) notices were sent to property owners within 200' and three (3) written responses have been received from inside the notification area, including: Emily Sharklin, in favor; Robert Lyford, undecided; Carol Demlon, in favor. One written response from outside the notification area was received from Peter Sporrer, in favor. Regular City Council Meeting Minutes September 6, 1994 page fifteen Agenda Item #8-B. Continued Motion was made to approve ZA 94-83, Preliminary Plat for Lots 1 & 2, E.C. White Addition, subject to the second Plat Review Summary dated September 2, 1994, and with the understanding of city staff being able to work out an acceptable avigation easement with DFW Airport and related parties. Motion: Richarme Second: Franks Ayes: Richarme, Franks, Farrier, Evans, Apple, Fickes Nays: None Approved: 6-0 vote Agenda Item #8-E. Resolution No. 94-39 (ZA 94-89). S~ecific Use Permit Resolution No. 94-39, Specific Use Permit for the development of an indoor baseball facility and outdoor fields for instruction and entertainment per Ordinance No. 480, Section 45.1 #11, on Lots 4 and 5 of Greenlee Business Park, Phase I, and LOt 6, Greenlee Business Park, Phase II, and approximately 1/2 acres out of the J.A. Freeman Survey, Abstract No. 529, being a portion of Tract 6. A variance to the Masonry Ordinance and bufferyard requirements will be discussed with this Specific Use Permit request. Current zoning is "I-l" Light Industrial District. Owners: E.L.F.M. Inc., Chris Lamon and The Keller Bank. Applicants: Texas Baseball Center, David L. Thorne and Robert Walton, Agents. SPIN Neighborhood g"/. The Zoning Administrator, Karen Gandy, commented that nine (9) notices were sent to property owners within the 200' notification area and four written responses have been received, including: James F. Lunsford, in favor; E-Systems, Inc., in favor; Arlon C. Washburn, in favor; Johnny L. and Edna E. Beech, in favor. One (1) written response has been received from outside the notification area, with the following signatures: Larry and Mary Forbus, C.S. and Marilyn Johnson, Darrell and Donna Fagile, all opposing the request. Kirk Williams, Attorney for the applicant, 5400 Renaissance Tower, Dallas. Mr. Williams asked the people in the audience in favor of the request to stand, and about thirty (30) people stood up. He addressed parking, lights, and noise. Mr. Williams stated they have placed the property in "Light-Industrial" zoned area, not adjoining the SF property of Billy Farrar. They rotated the ballfields along the existing industrial property on South Kimball Avenue. There will be no stadium, no fixed seating or no public address system. The closest lights are 300' away. They are not asking for a variance on the lights, as they will install lights at $65,000 per field. It was noted the changes were accepted by the Planning and Zoning Commission. Mr. Williams referenced the City conceptual Park Plan, Section #10, which shows the city proposes a park on the site planned for this use. They propose 100 parking spaces; 60 with the first phase; 40 spaces with the second phase; and 20 with the third phase. Staff stated they are Regular City Council Meeting Minutes September 2, 1994 page sixteen Agenda Item #8-E. Continued asking for 120 parking spaces at the ultimate build out. There will be no bands, no half-times. Parents will bring their own chairs to watch the kids. There will be no consumption of alcoholic beverages, no adult softball facility. They will train repeat clients as the kids will pay for private instructions. They will have a small pro-shop and a small office area. Mayor Fickes stated he brought up the lighting and the building when this item first came to Council. He hopes this building will not look like the gymnastics building on Highway 26 in Colleyville. He stated he has concerns on the height of the building. The Mayor also expressed concerns with buffering and the area next to residential. Councilmember Apple stated he has concerns with light spillage. Mr. Williams stated they are willing to install shields on the lights. With 75 foot polls, the shields on the fixtures will eliminate light spillage. Councilmember Richarme stated he is more concerned with people in Woodland Heights than for homes that are not built as of this time. The applicants moved the property down and moved the fields to the south. Mr. Williams stated they do not have a problem with additional landscaping on the northwest corner against residential property. Billy Farrar, 600 W. Park Row, Arlington. Ms. Farrar stated she decided she would speak for her own property. She has had two to three developers tell her they would not risk purchasing the property with a ball park in the area. She is the major owner of property most affected. A major owner in the 160 acres the City just recently zoned from Industrial to Single-Family. There are sixty-one (61) bail parks in Arlington and only four (4) with lighted fields. The people in the area are not in favor of this use. She is not against the concept, only the location. She is asking Council to consider the people who now own the land. No one will purchase a home next to a ball park. She stated she could have had a room full of people here tonight, but in respect of the Councilmembers time, she spoke for them. Theran Ragan, 1312 Rainbow, Southlake. Mr. Ragan stated he has a problem and has not figured out how to hide a lighted field. He feels it is devastating to have this use next to their property recently zoned Single-Family by the City. His real concern are the lights. Regular City Council Meeting Minutes September 6, 1994 page seventeen Aeenda Item #$*E. Continued David Yelton, 1346 LakeView Drive, Southlake. Mr. Yelton stated he is on the Board of the Southlake Baseball Association and on the Southlake Park Development Board. He was involved with the 1/2 cent sales tax election, where the money will be used for parks. The Baseball Association is very aggressively supporting these facilities. At the rate the population is increasing, we need this operation. He would appreciate and encourage Council support on this. This is the type business we want to encourage, not discourage. Don Lovelace, 415 Highland Oaks Circle, Southlake. Mr. Lovelace stated he is also involved with the baseball association. His son attends a similar park in Addison. It is positive and a quality facility. Woodland Heights people will not be effected by what goes on with this property, as he walked the property. The Light Industrial zoning is not desirable for anyone who has residential next to it. There is a crying need for this facility in Southlake now. Applicants have made many concessions to try and accommodate residential property. Kirk Williams stated regarding buffering on the north property line that he suggests the use of bradford pears. After several motions resulting with fie-votes, motion was made to table this item until the next City Council meeting (September 20, 1994) and continue the public hearing, as requested by the applicant. Motion: Richarme Second: Farrier Ayes: Franks, Richarme, Apple, Farrier Nays: Evans and Fickes Approved: 4-2 vote (to table) Aeenda Item #S-F. ZA 94-90. Plat Revision for Texas Baseball Center ZA 94-90 Plat Revision of Lots 4 and 5, Block 1, Greenlee Business Park, Phase I, and Lots 6 & 7, Block 1, Greenlee Business Park, Phase II, and 9.177 acres of land out of the John A. Freeman Survey, Abstract No. 529, and being revised to Lots 4R and 8, Greenlee Business Park, Phase I. Current zoning is "I-1" Light Industrial District. Owners: E.L.F.M. Inc., Chris Lamon and The Keller Bank. Applicant: Texas Baseball Center, David L. Thorne and Robert Walton, Agents. SPIN Neighborhood #7. Regular City Council Meeting Minutes September 6, 1994 page eighteen Agenda Item gS-F. Continued Zoning Administrator, Karen Gandy, stated four (4) notices were sent to property owners within 200' notification area and one written response has been received from Johnny and Edna Beech, in favor. One written response was received from outside the 200' notification area with the following signatures: Jerry and Mary Forbus, opposed; C.S. and Marilyn Johnson, opposed; Darrell and Donna Fagile, opposed. Three signed petitions were received at the August 18, 1994 Planning and Zoning Meeting. Petition gl, eight signatures, opposing. Petition eighteen signatures, opposing; and Petition g3, eight signatures, opposing. Kirk Willliams, representative for the applicant stated they do have the property to the north under contract, however, they do not plan to purchase property to expand the SUP. Motion was made to approve the Plat Revision, subject to the second Plat Review Summary dated September 2, 1994. Motion: Richarme Second: Farrier Ayes: Rieharme, Farrier, Franks, Evans, Apple, Fickes Nays: None Approved: 6-0 vote Mayor Fickes stepped down for item g8-G Agenda Item g8-G. Resolution No. 94-40 (ZA 94-91) SUP for Alcoholic Beveranes Resolution No. 94-90 (ZA 94-91) Specific Use Permit for the sale of alcoholic beverages per Ordinance No. 480, Section 45.1 (1) and 45.6 on Lot 2, L.B.G. Hall No. 686 Addition. Current zoning is "S-P-2" Site Plan District. Owner: PIMA Properties, Inc. Applicant: Nuri Kabu. SPIN Neighborhood gl0. Public Heating. The Zoning Administrator, Karen Gandy, noted nine (9) notices were sent to property owners within the 200' notification area and one written response has been received from Robert and Suzane Harvey, opposing the request. One written notice from outside the notification area has been received from Betty Springer, in favor. David McMahan, 1335 Hidden Glen, Southlake, representative of PIMA Properties was present to represent the owner Mr. Nuri Kabu. McMahan stated the request is for beer and wine only, on-premises consumption. He would prohibit off-premises sale of mixed drinks. Seating in the restaurant is for 64. Public Hearing: Dennis McGrath, 2403 North Carroll Avenue, Southlake. Mr. McGrath suggested giving the owner the option for mix drinks. Regular City Council Meeting Minutes September 6, 1994 page nineteen Agenda Item #8-G. Continued Motion was made to approve Resolution No. 94-40, the Specific Use Permit for the sale of on- premises consumption only. Motion: Franks Second; Apple Ayes: Franks, Apple, Evans, Farrier, Richarme Nays: None Approved: 5-0 vote Mayor Fickes returned to the Council table. Aaenda Item #8-H. ZA 94-93. Plat Revision- SouthRidee Lakes Phase VH. ZA 94-93, Plat Revision of Lots 3, 4, 5, 10, 11, 12, Block 5, SouthRidge Lake Phase VII, and incorporating 0.50 acres of land situated in the A.A. Freeman Survey, Abstract No. 522, being revised to Block 5, Lots 3R, 4R, 5R, 10R, llR, and 12R, SouthRidge Lakes Phase VII. Current zoning is "SF-20A" Single-Family Residential District. Owner/Applicant: Arvida/JMB Partners, L.P.-II. SPIN Neighborhood//13. Karen Gandy, Zoning Administrator, commented that the applicant has met all the review comments of the first Plat Review Summary dated August 12, 1994, with the exception of those items addressed in the second Plat Review Summary dated September 2, 1994. Councilmember Farrier stated in reviewing the issue concerning the trees on the easterly property line, the reason the road couldn't be moved to the west is that it impacted the lots on the west side of it. Had the cul-de-sacs been able to be expended to the west, the depth of this new addition, those lots still would have been buildable and that tree line to the east could have been saved. It is a mute point as those trees do longer exist, and he is very disappointed. John Levitt, Levitt Engineer, stated they will plant the trees as agreed earlier. Regular City Council Meeting Minutes September 6, 1994 page twenty Agenda Item #8-H. Continued Motion was made to approve ZA 94-93, subject to the Plat Review Summary dated September 2, 1994. Motion: Apple Second: Richarme Ayes: Apple, Richarme, Evans, Franks, Fickes Nays: Farrier Approved: 5-1 vote Agenda Item #10-B. Develoner Agreement for Oak Tree Estates Bob Whitehead, Director of Public Works addressed the Developer Agreement for Oak Tree Estates Addition, stating the agreement contains the standard requirements for the provision of water, sewer, and streets. 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 addition, which resulted in revisions to our standard agreement, including: Page 9, Off-Site Draina~,e: "Developer is installing a culvert and will be due Pro Rata for the drainage structure as per Section 6.06-A. Adjacent Down Stream Structures of the Drainage Ordinance No. 605. The Developer also agrees to share the expense of the box culvert in East Continental Blvd., according to Drainage Ordinance 605, Section 6.06-B. Page 10, Section C, Park Fees: the Developer has agreed to pay park fees in conformance with Ordinance No. 483. There are 123 lots in Oak Tree Estates making a total park fee of $61,500. Page 10, Section D, Perimeter Street Ordinance: Oak Tree Estates Addition abuts South Carroll Avenue approximately 1,269.28 feet. The Developer agrees to pay the Perimeter Street of $12,020. Motion was made to approve the Developer Agreement for Oak Tree Estates Addition, Phase I, with the conditions added above. Motion: Richarme Second: Franks Ayes: Richarme, Franks, Farrier, Apple, Evans, Fickes Nays: None Approved: 6-0 vote Regular City Council Meeting Minutes September 6, 1994 page twenty-one AI!enda Item #10-C. Develooer Aereement for White Chaoel Place The Director of Public Works, Bob Whitehead, led the discussion regarding the Developer Agreement for White Chapel Addition which is located east of Pine Drive and south of Lilac Lane. White Chapel Addition is a replat of Lot 2 of White Chapel Place with the existing house to remain on Lot 2R1. This agreement contains standard requirements for providing public infrastructure; water, sewer, drainage, and streets. The following conditions are unique and need to be called to the attention of Council. Page 9, Section A. Off$ite Sanitary. Sewer: Because a sanitary sewer is available within 500 feet of this Addition, Council did upon plat approval, strongly suggest to the Developer that the sewer be extended to the Addition. The off-site sewer would need to cross three properties. The Developer has told staff that two of the three have agreed to an easement, however, one property owner is not cooperating with the Developer. Page 9, Section C. Park Fees[ The Addition is creating five new lots as the sixth lot will contain the existing home. Therefore, the Park Fee will be for five lots at $500 each for a total of $2,500. Page 10, Perimeter Street Fee: There is no perimeter street fee as the Addition only abuts Pine Drive at the intersection of Pine Drive and Lilac Lane, and the Developer will be reconstructing that intersection. Mr. Whitehead noted that the lots have successfully passed the percolation test for a septic system. Steve Bressner, 910 Lakeview, Richardson. Mr. Bressner asked to have septic systems in the development. There are only four houses on ten acres. He has attempted to get all the easements, however, one person refuses to give an easement. Councilmember Farrier stated he feels Mr. Bressner has done everything he can toward getting the easements for sewer system, however, is not able to get them all. Motion was made to approve the Developer Agreement of White Chapel Place Addition, with the use of septic systems. Motion: Farrier Second: Evans Ayes: Farrier, Evans, Apple, Franks, Richarme, Fickes Nays: None Approved: 6-0 vote Regular City Council Meeting Minutes September 6, 1994 page twenty-two Agenda Item #10-D. Develover A~reement for Brenwvck Phase 2. Timarron The Director of Public Works, Bob Whitehead, commented that the Agreement contains the standard requirements for the provision of water, sewer, and streets. A few conditions are unique to this addition, which resulted in revisions to our standard agreement, including: Page 9, Section A, P~rk Fees: The Developer requested that the City of Southlake grant a 50% waiver of the park dedication fee. The Park Board considered this request at the August Park Board meeting and recommended to reject the 50% credit. page 10, Section C, Off-Site Draina~,e: The Developer agrees to pay a share of the culvert expense for the basin serving East Continental Blvd. Steve Yetts, Timarron, stated he is asking for an exception to the Park Board recommendation asking for 50% credit based on prior phases. Motion was made to approve the Developer Agreement for Brenwyck, Phase 2, Timarron, with a 50% credit for the 112 lots. Motion: Apple Second: Franks Ayes: Apple, Franks, Farrier, Evans, Fickes Nays: Richarme Approved: 5-1 vote Councilmember Farrier asked Mr. Yetts to realize that Council supports the Park Board and Council thinks they made a value judgement that is probably appropriate, and Council will look very hard at the next phases and the next developments and what is being done for those people there too, and how they can be incorporated into the green spaces. Agenda Item #10-E. Award of Bid for Sanitary Sewer. N-4 Wal-Mart The Director of Public Works, BOb Whitehead, stated that bids were opened and read aloud on August 24th for the Sanitary Sewer Improvements for N-4 Gravity Spur Force Main and Lift Station. The N-4 Gravity Spur, force main and lift station will serve an area from north of Southlake Blvd. (F.M. 1709) to the north side of S.I-I. 114 and from just east of Kimball Avenue to approximately a half mile west of Kimball Avenue. This area includes the Wal-Mart site. Originally Greenway Investment Company desired to extend the sewer out of Southlake Blvd. Their engineers designed a sewer line extension and requested an add alternate to be added onto Regular City Council Meeting Minutes September 6, 1994 page twenty-three Aeenda Item #10-E. Continued the N-4 Gravity spur Force Main project. The add alternate bid amount is for $28,199.05, making the total sewer extension $471,753.80. On Friday morning, September 2, their agent notified City staff that they needed to withdraw from the project. Therefore, the cost of the project will be $443,554.75 as seen on the bid tabulation. Funding for the N-4 Gravity Spur project will be provided from Sewer Impact Fees. Staff recommends that the City Council award the bid to the low bidder, Southern Mechanical, for $443,554.75. Motion was made to award the bid to Southern Mechanical, low bidder for $443,554.75. Motion: Franks Second: Apple Ayes: Franks, Apple, Evans, Farrier, Richarme, Fickes Nays: None Approved: 6-0 vote A~enda Item /fT-D. Ordinance No. 615. 2nd reading. Reeulating the Abatement of D nero Bm'ldin Ordinance No. 615, 2nd reading, Regulating the Abatement of Dangerous Buildings was discussed. The public hearing resulted with no comments from the audience. Motion was made to approve Ordinance No. 615, 2nd reading. Motion: Apple Second: Evans Mayor Fickes read the caption of the ordinance. Ayes: Apple, Evans, Franks, Farrier, Richarme, Fickes Nays: None Approved: 6-0 vote Aeenda Item gT-E. Ordinance No. 616. 2nd readino. Amending, Ordinance No. 568. Contractor Licensine Requirements. Ordinance No. 616, 2nd reading, amending Ordinance No. 568, Contractor Licensing Ordinances, and amending certain licensing requirements. The public hearing resulted with no comments from the audience. Regular City Council Meeting Minutes September 6, 1994 page twenty-four A~enda Item/fT-E. Continued Motion was made to approve Ordinance No. 616, 2nd reading, as presented. Motion: Franks Second: Apple Mayor Fickes read the caption of the ordinance. Ayes: Franks, Apple, Evans, Farrier, Richarme, Fickes Nays: None Approved: 6-0 vote Aeenda Item/f'/-F. Ordinance NO. 617. 2nd readine. Uniform Plumbin~ Code. 1994 Ordinance No. 617, 2nd reading, Uniform Plumbing Code, 1994 Edition, was discussed. The public hearing resulted with no comments from the audience. Motion was made to approve Ordinance No. 617, 2nd reading, as presented. Motion: Farrier Second: Apple Mayor Fickes read the caption of the ordinance. Ayes: Farrier, Apple, Evans, Franks, Richarme, Fickes Nays: None Approved: 6-0 vote Agenda Item //7-G. Ordinance No. 618. 2nd readine. Uniform Mechanical Code. 1994 Edition. Ordinance No. 618, 2nd reading, adoption of the Uniform Mechanical Code, 1994 Edition, was discussed. The public hearing resulted with no comments from the audience. Motion was made to approve the 2nd reading of Ordinance No. 618. Motion: Apple Second: Richarme Mayor Fickes read the caption of the ordinance. Ayes: Apple, Richarme, Farrier, Franks, Evans, Fickes Nays: None Approved: 6-0 vote Regular City Council Meeting Minutes September 6, 1994 page twenty-five Aeenda Item/f7-H. Ordinance No. 619. 2nd reading. Uniform Building Code Ordinance No. 619, 2nd reading, Uniform Building Code, 1994 Edition, Volume 1, 2, and 3, was discussed. The public hearing resulted with no comments from the audience. Motion was made to approve the 2nd reading of Ordinance No. 619. Motion: Richarme Second Franks Mayor Fickes read the caption of the ordinance. Ayes: Richarme, Franks, Farrier, Apple, Evans, Fickes Nays: None Approved: 6-0 vote Agenda Item #7-I. Ordinance No. 620 2nd reading. National Electric Code. Ordinance No. 620, 2nd reading, adopting the National Electric Code, 1993 Edition, was discussed. There were no comments during the public hearing. Motion was made to approve Ordinance No. 620, 2nd reading. Motion: Franks Second: Richarme Mayor Fickes read the caption of the ordinance. Ayes: Franks, Richarme, Farrier, Evans, Apple, Fickes Nays: None Approved: 6-0 vote Aeenda Item gT-J. Ordinance No. 621.2nd readim,. Uniform Administrative Code Ordinance No. 621, 2nd reading, Uniform Administrative Code, 1994 Edition, was discussed. The public hearing resulted with no comments from the audience. Motion was made to approve Ordinance No. 621, 2nd reading. Motion: Franks Second: Farrier Mayor Fickes read the caption of the ordinance. Ayes: Franks, Farrier, Richarme, Evans, Apple, Fickes Nays: None Approved: 6-0 vote Regular City Council Meeting Minutes September 6, 1994 page twenty-six ARenda Item//7-K. Ordlnnnce NO. 622.2nd readln~. Creatine a Buildine Board of Anneals. Ordinance No. 622, 2nd reading, Creating a Building Board of Appeals was discussed. No comments were received during the public hearing for this ordinance. Motion was made to approve Ordinance No. 622, 2nd reading. Motion: Franks Second: Farrier Mayor Fickes read the caption of the ordinance. Ayes: Franks, Farrier, Richarme, Evans, Apple, Fickes Nays: None Approved: 6-0 vote Aeenda Item/t2-A. Return to Executive Session Mayor Fickes announced that Council would be returning to executive session pursuant to Chapter 551 of the Texas Government Code, Section 551.074 with respect to the appointment and evaluation of public officials. Council adjourned into executive session at 2:15 a.m. Council returned to open session at 2:30 p.m. A~enda Item g9-A. Aooointment to Board of Adjustments. Resolution No. 94-41, was approved, naming Lloyd O. Latta Jr., to the Board of Adjustments, to fill an unexpired term, expiring in May, 1995. Motion: Franks Second: Evans Ayes: Franks, Evans, Apple, Farrier, Richarme, Fickes Nays: None Approved: 6-0 vote Regular City Council Meeting Minutes September 6, 1994 page twenty-seven Aeenda Item//12. Adiournment The meeting was adjourned by Mayor Gary Fickes at 2:45 a.m. ,~Vlayor ~(ry Fic~e~ ~/ -- $~ndra L. LeGrand City Secretary ,r II THE STATE OF TEXAS * COUNTY OF ,t' 444;) . � / 1 1 ' , / IN �i L as a member of the q4(1 c 1J J h s .Afiiavit and hereby on oath state the following: I, and /or a • -rson or persons related to me, have a substantial interest in a business entity t at ould be peculiarl affected by I a vote or decision of the ,J 9c./, qv as those terms are defined in Chap er 71, Texas Local Gpvernment Code. 1 The business entity is / 1 'f)" 4 -i i "t L._ I (name and address) I have a substantial interest in this business entity for the following reasons: (Check all which are applicable) 1 Ownership of 10% or more of the voting stock or shares of the business entity. II Ownership of 10% or more or $5,000 or more of the fair market value of the business entity. 1 1 Funds received from the business entity exceed 10% of gross income for the previous year. IP Real property is involved and have an equitable or legal ownership with a fair market value of at least $2,500. 1 A relative of mine has a substantial interest in the business entity or property that would be affected by a decision of the public body of which I am a member. Upon filing of this affidavit with the City Secretary, I affirm that I will abstain from voting on any decision involving this I business entity and from any further participation on this matter whatsoever. 1 ti Signed this day of � . i) , 10 . 1 ipp.flletce-dr-4( vs edi _, ��_` s: • natu ,!of oc . 1 itle ‘6 I L) 1 ' 1 BEFORE , ti e n rsigned authority, this day personally appeared �' and on oath stated that the s facts her nabo a stated are true to the best of k fu, nowledgefor belief. / II Swor to and subscribed to fore me on this 19 day of �� . 1 Y Xillia/R1) P WWII L � jg p tary Public in and for NOTARY PUBLIC the State of Texas � O- - C mm Exp 0 6111AYA. A.. he4 . My Commission r - I 1 fig 7 Type /Print Notary's Name f 1 ■ l i 1 i1 ,E 1 1 E t 1 / 1 I i 1 1 1 1 City of Southlake, Texas CITY COUNCIL MEETING S IGN UP IF YOU WISH TO SPEAK DURING THE MEETING 1 DATE: 94 - 41 it 1 NAME ADDRESS TELEPHONE AGENDA ITEM 1 & te___ f ij i r 3a 31r 060-1(u 6tok /14.12) 7/ l 1 1 atop-ALA) 0 -/aei 8.-e_, i fe i c k fruif 37 9 - ,.,W7 8`e-) 1 4 ' \Iv/ft,/ A7—e__) ..,,,,,.....„ ... _...• ,....=,----- 1 40.#"554w6'5--- ___....._______,..,_......,...--., _._____ _ . /vg` .V`+,1 . / GP- .6 ..s . 0 ...4...____/ 3-ks:_lalIM- .. - 2.ffit ' 04/ e_-_-_--D_ NI I Are l , A. __..aii.( 01_ i , ).. ___o_. II . - Ahl- - �� :1 \ b ,A y s tD v b, )c?A a )S srtecul Y s' `P 1 �Q . 0 � � /� /ri Iry �Lr �� v� ii 1 V l Cr a ,let/ / 6 .N /7 �L. - 5-' ■ 1 c , ,/, ( 7, , , s i • • 1 FrZAJMJDV NsAs \20 \ R vTA-,A4 pit. O_P !- d B 0X 8y) emu. D y ( z itofe 60,1901,0A- k°,;v Tx > 6. o f5 to 4 k 1 A.-AOci 1 Phi S1-417- .--- e-- $ , 1- Z 12 9 f Grr .A, 1 AUy H4 l'o9 M. la *i ;1243$ 8 l(7' W ogs 5 tk ' LC 17M Vel1/4)9U 'N' Yn 1 City of Southlake, Texas CITY COUNCIL MEETING SIGN UP IF YOU WISH TO SPEAK DURING THE MEETING 1 DATE: v y 1 NAME ,ADDRESS TELEPHONE AGENDA ITEM " bau 30 d 32-° - 3 1 1 1 1 - j i 1 1 1 1 City of Southlake, Texas I ' CITY COUNCIL MEETING ' SIGN UP IF YOU WISH TO SPEAK DURING THE MEETING DATE: 6 ', ' NAME ADDRESS TELEPHONE AGENDA ITEM 1 4p/es / e (50/ 1 /‘ frp-6 edoeog oil Xfr iviy7 100) A--; 44-(44-9/ C1 -iire-32., y' 0 n 0a P Oa* 'N 1 J ) -5o33 D I \y ti - Bosr uavi /so/ /24445 ie 68 1 1 I 11111 PIMA Olio PROPERTIES Inc. te 1 1 September 6, 1994 Ms. Karen Gandy 1 Zoning Administrator City of Southlake 667 N. Carroll Ave. 1 Southlake, Texas 76092 RE: ZA94 -88 Coventry 1 Dear Ms. Gandy; Please accept this letter as our request to table the captioned zoning action from tonight's Council agenda. Our reasons for r equesting this action are: 1) In order to allow our engineer adequate time to complete r) the changes as requested from the City in their review letter number two which we received last Friday. 2) In order to allow our engineer to complete the new drawings depicting the further reduction of lots and the addition of more open space to the plan. 1 3) It has come to our attention that there will not be a full council at tonight's meeting. Moreover, there is a possibility that passage may require a super majority vote due to the opposition within 200 feet being greater than 20 %. This appears to be in keeping with the existing Council policy of allowing an applicant to table under these circumstances. For t hese reasons we respectfully request the tabling of this action until September 20, 1994. 1 Sincerely, g, 9,1/17074te,"\,_ David C. McMahan 10 Executive Vice President L 5655 Lindero Canyon Road Suite 321 Westlake Villa . California 91362 Y e 9 818 / 889 -0440 800 / 633 -3458 5215 N. 0' Connor Suite 200 Irving. Texas 75039 ''� 214 / 444 -8322 817 / 329 -6996 City of Southlake, Texas Lek , . M EMORANDUM 1 September 2, 1994 , i TO: Curtis E. Hawk, City Manager FROM: Lou Ann Heath, Director of Finance ' n SUBJECT: Audit Firm Recommendation 1 1 At the first of August, the Finance Department sent Requests for Proposal (RFP) fo r p rofessional audit services to ten accounting firms. The RFP requested a five -year contract period, with fiscal year 1994 the initial contract year. The firms contacted were those that had requested to be put on the City's bid list for audit services plus the major national firms that service municipal clients r I in the area. It was hoped that national firms would express an interest in proposing, however, four firms submitted proposals as listed below: FIRM NAME AMOUNT Rutledge Crain & Company, Arlington $14,950 Patillo, Brown & Hill, L.L.P., Waco $16,900 Day & Wagner, Dallas $18,200 Weaver & Tidwell, Dallas $18,500 All of the firms submitting proposals met the technical requirements. The following additional criteria were considered in the Staff's evaluation process. 1 1). Compliance with GFOA standards. Southlake participates in the Government Finance Officers Association (GFOA) Certificate of Achievement award program, and has won this award for its I FY90, FY91 and FY92 audits. The FY93 audit is still under GFOA review. These audits are reviewed by GFOA affiliate and associate peer members of the Special Review Committee. Audit firms must be familiar with the program criteria to prepare statements that conform to the ' requirements. 2). Size of the firm and its reputation in the municipal finance field. Firms with numerous 1 municipal audit clients, especially those with cities that are growing and dynamic, have a broader experience base and familiarity with the issues unique to cities. Southlake's financial complexity • will continue over the next several years, and there will be continued interaction with the rating agencies. A firm must have an adequate work force and resources to respond to the City's needs over the next several years. 3. Client references. An interview was conducted with one of the firms, and references were contacted on all. 1 1 . 1 . 5-iq/ 1 lic Curtis E. Hawk Audit Firm Recommendation I September 2, 1994 page 2 1 The firms submitting proposals are well qualified, however, Weaver and Tidwell excels in several areas. Weaver and Tidwell represents 15 north central Texas municipalities, as well seven school I districts. They are headquartered in Texas, have been in business 40+ years and have a staff of over 80 professionals. The engagement partner, Jerry Gaither, is a member of the GFOA Special I Review Committee. The fine served as the City of Southlake's auditor for fiscal years 1989 `E 1 through 1993. They assisted Southlake in receiving the GFOA Certificate of Achievement. Staff recommends that Weaver and Tidwell be awarded the audit contract for 1994, with the City's option to renew for an additional four years. LAH 1 r 1 1 1 1 a 1 1 lb ti 1 i ...5-,.9._ City of Southlake, Texas %NO A PERMIT OF THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS, GRANTING APPROVAL FOR AN 1 ARCHERY AND BB GUN SHOOTING RANGE; SUBJECT TO CONDITIONS LISTED HEREIN; PROVIDING AN EFFECTIVE DATE. I. In accordance with Ordinance No. 527, Section 4, the City Council finds that the applicant represents a responsible • organization and that the request for a permit is reasonable and is in the best interest of the public. II II. A Permit is hereby granted for the Archery and BB Gun Shooting Range at Camp Burnett, subject to the following specific requirements and special conditions: 1. The applicant shall receive permission from Camp Burnett. 1 2. The applicant shall comply with any down -range safety requirements established by the Director of Public Safety for the City of Southlake. 1 3. This permit shall be for October 8 and 9, 1994. III. This permit shall become effective on the date of approval by the City Council. 1 PASSED AND APPROVED THIS THE G DAY OF , 1994. 1 \ % CITY OF ! -THE \ e . , a —•i 1 y May•`%'Gar Fickes 1 Ifatt*A andra L. LeGrand II City Secretary f lis) b:PRRMIT2.BB /ORD /RSS /kb 1 1 , ' ' City of Southlake, Texas C C MEMORANDUM CITY MANA'E September 2, 1994 ' TO: Curtis Hawk, City Manager 1 h' g FROM: Sandra L. LeGrand, City Secretary SUBJECT: Request for Variance to Ordinance No. 527 I Firearms. Cub Scout BB Gun Shooting Range. 91 Mr. David W. Callahan, Boy Scout Pack 507 has requested permission for a permit to conduct their annual "Turkey Shoot ". A permit was granted last year during this time frame. Instead 1 of holding the "shoot" at the Intermediate School, this year they have made arrangements to hold the event at Camp Burnett in Southlake, on October 8th and 9th, 1994. 1 I have attached for your review a copy of the letter the City received from Mr. Callahan as well as drawing of the area where the shoot will be held. 1 If you have questions, please do not hesitate to let me know. , F _� /J�.. A /sl / 1 'I I 1 1 1 1 b 1 1 i' , e I c . 0-, C to ,---, .w- 1 If.... 1= CA 4 - . al • -4- 4._ ,-- fr, MO . .../ P ,0, -I-- r - 5 - . ok ob ......._................„ t .--..- \ ,- „,...- , .t.k**• "--7) 1 --1--- I • 1 ( 0 1 oz• cz_ i , 0 , „.. ' I -No P - 5 , , 1 -..- ....c... 0--- Z. i ran !'l L 4.........1 1 , .....1 1 1 1 1 p..... 1 1: 1)0 RANGE OFFICER DOS AND DON'TS 1 I 1. ALWAYS PUT THE SAFETY OF YOUR STUDENTS AHEAD OF EVERYTHING ELSE. 2. NEVER SHOOT AT ANYTHING OTHER THAN PAPER TARGETS. Remember I that B B's ricochet! 1 3. WORK AT THE AGE LEVEL OF YOUR STUDENTS. DON'T TALK AT AN ADULT LEVEL TO 9 YEAR OLDS. 1 4. GIVE ADULTS WITH YOUR STUDENTS A CONSTRUCTIVE JOB TO DO TO HELP. O24 J `tac() 1 5. NEVER TRY TO RUN A RANGE BY YOURSELF, ALWAYS HAVE AT LEAST TWO OTHER LINE OFFICERS WITH YOU. 1 6. DON'T ALLOW OTHER ADULTS TO INTIMIDATE YOU. YOU ARE IN CHARGE. IP 7. MAKE EYE CONTACT WITH THE STUDENTS YOU ARE TEACHING. 8. DO NOT ALLOW HORSEPLAY BY ANYONE ON, THE RANGE. I 9. IF ANYONE CAN NOT FOLLOW THE RULES THEY ARE TO LEAVE THE RANGE IMMEDIATELY. This includes adults. 10. IF STUDENTS HAVE IDEAS THAT YOU DON'T CONSIDER SAFE, GENTLY BUT e FIRMLY POINT OUT THAT SAFETY COMES FIRST, LAST AND ALWAYS. 1 1 1 r 1 ►ia 1 1 0 . 1 CODE .. . 1 OFTHE 1 DAISY tt Er1 RIFLEMAN 1 R I • Treat every gun as if It were loaded and ready to shoot IP • Never carry a gun into your home, camp or public place loaded or cocked. 1 • Always be sure your gun barrel is clean and not plugged. • Carry your gun so you can control the direction of 1 the muzzle, even if you stumble. I Y • Be sure of your target before you pull the trigger. • Never point a gun at anything you do not want to shoot. 1 • Guns not being used should always be unloaded. • Never climb a tree or fence or jump a ditch with a I loaded gun. • Never shoot at a flat, hard surface or the surface 1 of water. • Respect other people's property. i r , 1 1 I F i August 15, 1994 RECEIVED IQ David W. Callahan AUG 1 5 Pack 507, BSA 2411 Taylor CITY SECRETAR II Southlake, TX 76092 II Mr. Curtis Hawk Southlake City Manager 667 N. Carroll Southlake, TX 76092 II Dear Mr. Hawk, II I live in Emerald Estates and belong to Cub Scout Pack 507 of Johnson Ele- mentary School. I am the Pack's, Boy Scouts of America trained, BB gun Range II Officer. Under the advice of Mr. Malcolm Jackson, I am writing you concerning Ordinance No. 527. Specifically, under Section 4, we wish to solicit a permit II to operate a Cub Scout BB gun shooting range. On October 8th and 9th, 1994 we wish to conduct our annual "Turkey Shoot." II I have arranged space, on the open grounds,at Camp Burnett for those days. I will erect my range in a secluded area on the northern portion,facing north. 1 It will be arranged to allow participants an entry and an exit from the south. I am enclosing a diagram and literature pertaining to location, construction and operation of a Cub Scout BB gun range. II I consider myself trained and experienced. I have the mindset that if an activity cannot be done safely and well, that I will pack up and go home. I wish to offer our scouts a fun activity and responsible training. II In conclusion, Mr. Hawk, I thank you and the council's kind consideration II in this matter. If you wish me to be present at your next work session please call me at 488 -4646. Due to work I may not be available for the September ! II council meeting. II Sincerely yours II++ David W. Callahan Enclosures II 1 II RECEIVE.) 1 September 1994 SEP 1 3 1994 CITY SECRETAR 1 Karen Reynolds 1860 Hunter's Creek Southlake, TX 76092 Dear Mayor and City Council, Please accept my resignation from the Board of Adjustments effective immediately. I 111 regret that I am unable to serve the full term to which I was appointed and hope my resignation does not disrupt the business of the Board or inconvenience the City Council. ' I appreciate the opportunity you have given me to serve the City and look forward to the opportunity to serve again in any other capacity. 1 Sin ely, . Karen Reynolds 1 iI 1 1 1 1 1 o •