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1994-10-04 CITY OF SOUTHLAKE, TEXAS '"-' 667 NORTH CARROLL AVENUE REGULAR CITY COUNCIL MEETING OCTOBER 4, 1994 MINUTES COUNCILMEMBERS PRESENT: Mayor Gary Fickes; Mayor Pro Tem Jerry Farrier; Deputy Mayor Pro Tem Jon Michael Franks. Members: Michael Richarme, Stephen Apple, Andy Wambsganss, and W. Ralph Evans. STAFF PRF~ENT: Curtis E. Hawk, City Manager; Shana Yelverton, Assistant City Manager; LouAnn Heath, Director of Finance; Greg Last, Director of Community Development; Billy Campbell, Director of Public Safety; Tom Elgin, City Planner; Karen Gandy, Zoning Administrator; Ron Harper, City Engineer; Wayne Olson, City Attorney; and Sandra L. LeGrand, City Secretary. 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 7:05 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, 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 7:06 p.m. Council returned to open session at 7:25 p.m. Aeenda Item g2-B. Action Necessary/Executive Session No action was taken as the result of the executive session. Agenda Item g2-D, Reconvene at Carroll Senior Hieh School Cafeteria Council reconvened at Carroll Senior High School Cafeteria, 1501 Southlake Boulevard, at 7:40 p.m. to provide additional public seating to accommodate the turnout for agenda item #7-A. Regular City Council Meeting Minutes October 4, 1994 page two Agenda Item #1. Invocation. Councilmember W. Ralph Evans lead the invocation. A~,enda Item #'7-A. Ordinance No. 480-144. 2nd resdln~ (ZA 94-88L PIMA Pronerties Ordinance No. 480-144, 2nd reading (ZA 94-88), Rezoning and Development Plan for Coventry, being a 103.76 acre tract of land situated in the T.M. Hood Survey, Abstract No. 706, being Tracts 1, lC, lA, lB, 3A, 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: PINA Properties, SPIN Neighborhood #11. Public Hearing. The Zoning Administrator, Karen Gandy, stated thirty-five (35) notices were sent to property owners within the 200' notification area and twenty-six (26) written responses were received from within the 200' notification area, including: Lorn Bolton, opposed; Pete W. and Mary Smith, opposed; Bob L. Ramsey, opposed; J.L. Clow, in favor; Femando A. and Bertha Casas, opposed; Glen, Alice and Norman Burgess, opposed; Don J. and Annette Weeks, opposed; K.L. Sumner, opposed; Everett and Mary Allen, opposed, John and Ellen McCully, wants low density development and rural atmosphere to remain, wants one acre lots; Andrea Sanchez, opposed; Rita Ann, Andrea, and Pina Salinas, opposed; Jane Grant, opposed. M.M. Hardy, opposed; A.B. Gametta and Joseph Stanyer, opposed; Larry and Sheila Croy, opposed; Mike and Jelynn Hall, opposed; Ben and Mary Goodman, opposed; Raymond and Karol Welsh, opposed; James and Wanda Glover, opposed; Bob and Ann Hinman, opposed; Karen Jones, opposed; Don and Mary Moilan, opposed; Beverly Bradley, in favor; Helen Taylor, in favor; Joe and Gloria Barlean, opposed; Wanda Buschman, opposed; Patricia Moore, opposed. Eighteen (18) written responses have been received from outside the 200' notification area, including: J.W. Richards, in favor; William Hodges, in favor; Paul and Lee Fahrenbrook opposed; Robin Jones, opposed; John Janbaz, opposed; Harold Knight, in favor; Mike Robertson, opposed, Joseph Reilly, opposed; Gary and Julie Stakes, opposed; Donnie Dart, opposed; R.J. Maness, opposed; Richard Crowe, requested additional information on this item; Margaret Bumette, opposed; O. Alan Wood, oppposed; Janice Coulter, opposed; David Margraf, opposed; Alan and Susan Egerton, opposed; Cindy Allen, opposed. Petitions were received on September 6, 1994, with signatures totaling 233 opposed. This total included 31 signatures from property owners which are within the 200' notification area and who have already sent written responses noted above, leaving a total of 202 signatures opposed from outside the 200' notification area. Petitions were received on September 20, 1994 with signatures totaling 112 opposed. This total included 8 signatures from property owners which are within the 200' notification area and who have already sent written responses noted above and two signatures were duplicated, leaving a total of 102 signatures opposed from outside the 200' notification area. Regular City Council Meeting Minutes October 4, 1994 page three Agenda Item g7-A. Continued David McMahan introduced Mr. Bill Dahlson, an attorney representing PIMA Properties in this item. Mr. Dahlson stated he feels PIMA Properties will provide an excellent residential community. Mr. Dahlson stated this addition has gone from 161 lots originally, to 101 lots on this plan. He addressed staff review letter dated September 30, 1994, noting the three items on the review letter. He asked that items #1 and//2 be deleted and that item #3-A be approved with a fifty (50) foot right-of-way as opposed to the other alternatives. Mr. Dahlson stated they have created a plan that when built will be an asset to the community. He stated there will not be a wall around the perimeter of the development, the only fencing will be split rail type with open area. He presented an artists rendering of the area on North Peytonville Avenue as well as Shady Oaks Drive. Dahlson stated they will try to maintain as many trees on the property as possible. A discussion was held regarding the aligning of Country and Post Oak Trail. The developer stated they would like the roads to not be aligned. Director of Community Development, Greg Last, addressed the stub-out to the south on the review letter, noting that staff has not designated an alignment to the south, the subdivision ordinance provides a stub be provided approximately 1,000 feet on center along the property line. Staff will leave that stub open to the developer's suggestion, as the property to the south is large enough that it could be accommodated with access to the east. PUBLIC HEARING: Donnie Dart, 1241 Post Oak Trail, Southlake. Mr. Darr stated that possibly his concerns are premature as the plan is not fully approved, however, his concerns include sewer and the sewer right-of-way easement. Will PIMA have to get the easement, and do adjacent property owners have to, by law, tie onto the sewer. Who pays the fees, and who determines what they will be. Another concern is water mn-off. Has a water mn-off plan been implemented? If so, what is it. Mr. Dart asked who will review the plans and who determined the street design that will go out to Peytonville Avenue. Mr. Dan' also asked would the city respond to home sites and owners in the effected area. He wants to know so that he will know what to expect. Mr. Darr stated he was dismayed two weeks ago during the City Council meeting questions were asked and the audience received no response by the Council. He stated he could not understand how the City Council could vote with no comments or discussion. Curtis Hawk, City Manager, responded to Mr. Darr's concerns stating the sewer line has not been determined. The sewer will mn with the creek, and the City will talk with the developers, and they will, in turn, talk with the property owners in that area. Yes, adjacent property owners will be required to tie onto sewer if it Regular City Council Meeting Minutes October 4, 1994 page four Aeenda Item/f/-A. Continued is available within 100', as outlined by ordinance. There will be costs from the sewer line to the residence. The monthly bill will be determined annually when the water and sewer rates are set. The City is aware of the drainage problems on Post Oak Trail. Mr. Hawk noted photographs which were submitted several weeks ago by Mrs. Buzzard, Post Oak Trail. This development will impact Post Oak Trail, and the property owner most affected is the one on the end. The drainage plan for Coventry will be prepared by their engineer, and the City engineer will review the plan. Mayor Gary Fickes commented that at the last meeting, most of the questions asked were concerning platting, not zoning. Since that was a zoning issue, the development questions were not addressed. Until the Developer Agreement is agreed upon and approved by the City Council, no dirt will be moved and no permits will be issued. Kenneth Home, 1215 Ashmore Court, Southlake. Passed. Domenic Carlucci, 2000 Peytonville Avenue, Southlake. Mr. Carlucci stated drainage problems have been there along time and citizens have been given lip service by the City, until now to satisfy the citizens and get sewer in. Mayor Fickes commented that this past year the City established a drainage crew to go out and take care of the drainage problems. Drainage is always a problem in all cities. The City Manager noted major drainage problems in four areas of town, and what staff is doing to correct the problems. Mr. Hawk stated Post Oak Trail is the first subdivision street the city has replaced and started on the drainage problems. However, if the City does not have easements, we cannot go in and do anything. Most of the problems the City has worked on, to this point, are neighbor to neighbor complaints. John Ciriglianio, 1612 Heathbrook Court, Southlake. Mr. Ciriglianio stated he spoke with Mr. McMahan and was impressed with the plan. He is speaking out in favor and wants to share support even though he lives across town. Regular City Council Meeting Minutes October 4, 1994 page five Aeenda Item #7-A. Continued Richard Crowe, 1502 Plantation Drive, Southlake. Mr. Crowe stat~l there is a vocal group against this project. He thanked the City for working with the developer to assure they are following the Land Use Plan. He noted that Mr. McMahan has taken a lot of abuse and responded to the plan. Crowe also commented that the City Attorney has given a legal opinion and he will comply with the opinion of the City Attorney. A copy of the opinion of the City Attorney is hereby attached to the minutes. Sally Hall, 1609 Mockingbird lane, Southlake. Mrs. Hall commented she has served for four years on the City Council, and she wants to make a point. She read from an opinion of the City Attorney several years ago regarding Planned Unit Developments. She listed PUD's that have been developed in the City in medium density on the Plan Use Plan. This is the first PUD in the low density designation of the plan as 2.18 units per acre. Mrs. Hall listed the density of several areas: Timarron, 1.5 units per acre; Timber Lake, 1.9 units per acre; Stone Lake, 1.8 units per acre; Myers Meadow, 1.9 units per acre; and Monticello, 0.82 units per acre. Mrs. Hall further stated she feels this development will set a precedent for the City. Almost 90% of the land being considered is zoned "RE" Residential Estates. Other issues discussed by Mrs. Hall is down stream drainage. Hail stated the City Council has the duty to zone property in the best interest of the City. The majority of the property owners do not want it. Joe Reily, 1275 Shady Oaks Drive, Southlake. Mr. Reily stated he speaks for property owners along Shady Oaks Drive, noting the property in question will drain toward Shady Oaks Drive. Mr. Reily wants to know what will occur and when, before the development goes in. He would like to know sooner than later what to expect. Ron Maness, 420 Ravenaux, Southlake. Mr. Maness stated despite ail the issues, the City Council have chosen to support the project. Even though the plan has improved, he feels the issues are not resolved. He asked the City Council to re-think their position and vote against this project. Ms. Sumner, 1205 North Peytonville Avenue, Southlake. Ms. Sumner stated drainage is a problem. There will be problems on both Shady Oaks Drive and Peytonville Avenue. Ms. Sumner stated people did not show up tonight because they feel the City Council will do what they want to. She expressed disappointment. She feels it will be a good development but feels the City Council is not representing the people, and this is not a government of the people any longer. Public hearing dosed. Regular City Council Meeting Minutes October 4, 1994 page six A~,enda Item #7-A. Continued David McMahan stated they will stand by Mr. Dahlson's comments that this does meet the Land Use Plan, even exceeds the plan and is greater than many other additions that have been presented and approved. He also feels the City Council should vote for what is best for the City. McMahan stated he feels the reasons the people are not here tonight is because they feel confident that PIMA will do a good job. They are prepared to meet all issues that have been discussed. Councilmember Andy Wambsganss read from a letter he received from Richard Crow stating some of the issues from citizens, which were given to him today as the result of meetings between the developer and citizens. Items listed in the memorandum dated October 4, 1994, include: PIMA Properties, or David McMahan will not, if successful in purchasing at a later date the property to the north of the subject property currently owned by Ruby Hill, seek any development plan that requires lot size less than a full one acre, as currently defined in the SF-1A zoning ordinance. PIMA will use best efforts to allow an engineering firm hired by SPIN #11 or SPIN #12 to monitor and work hand-in-hand as a consultant with respect to the drainage design for Coventry. 3. Post Oak Trail and Coventry Lane will not be aligned. The developer will install community playground equipment in the open space, after consultation with the home owners association, at the appropriate time. SPIN #11 and SPIN #12 and the developer respectfully request the city to allocate not less than 50% of fees paid to the City with regard to street improvements to be allocated equally to repairs and improvements to the abutting streets. The developer agrees that: (1) the number of lots will not exceed 101, (2) that the smallest lot size will not be less than 21,000 square feet, (3) each home shall not be less than 2,700 square feet of air conditioned space, excluding garages and other non-living areas. The developer, in keeping with earlier representations, agrees to waive any reimbursement that may be due as part of the sewer. Regular City Council Meeting Minutes October 4, 1994 page seven Aeenda Item #7-A. Continued The developer will not allow chain link or stockade type fences in any section of Coventry. The developer will provide a berm of at least four (4) feet along any abutting roads. All fencing near abutting roads shall be between the constructed home and the berm. Council asked Mr. McMahan to address the nine comments at the appropriate time. Mayor Gary Fickes noted the appropriate time for the developer and the City to address the comments will be during the Developer Agreement and platting phases. Motion was made to approve Ordinance No. 480-144, 2nd reading (ZA 94-88) subject to the fourth Plan Review Summary dated September 30, 1994, deleting items #1 and//2, and items #3-B and #3-C. Motion: Farrier Second: Apple Ayes: Farrier, Apple, Evans, Franks, Wambsganss, Fickes Nays: Richarme Approved: 6-1 vote See page twenty-one of the minutes for reading of the caption of Ordinance No. 480-144 Council recessed at 8:50 p.m. Council reconvened at City Hall at 9:15 p.m. Agenda Item//3. Auproval of the Minutes of the Seutember 20. 1994 Meetine The minutes of the Regular City Council meeting held on September 20, 1994, were approved as corrected. Motion: Apple Second: Richarme Ayes: Apple, Richarme, Farrier, Franks, Evans, Wambsganss, Fickes Nays: None Approved: 7-0 vote Regular City Council Meeting Minutes October 4, 1994 page eight A~enda Item #4-A. Mayor's Reoort Councilmember Jon Michael Franks reported on the GRACE fund raising program which is currently being held, adding that the goal for this year is $291,000. He invited everyone to participate. Franks referenced payroll deductions for contributing to this cause. The third breakfast will be held on November 14, 1994 at the DFW Hilton Hotel. For further information contact either Trent Petty, Grapevine City Manager, or himself. Mayor Fickes reported on the "Adventure Alley" playground initiative which is being built by volunteer help with volunteer contributions. It is a program that will be an asset to the City of Southlake and he encourages everyone to participate. Agenda Item #4-B. City Manager's Renort Curtis Hawk reported that the second public hearing on the Corridor Study will be held on October 17, 1994, at Carroll High School. The study includes F.M. 1938, F.M. 1709 and S.H. 114. Aeenda Item #5. Consent A~,enda. The consent agenda will consist of items #5-A, g5-C, g5-D, #5-E and g5-F. Item #5-B will be considered separately. The consent agenda includes: 5-A. Renewal of Agreement with GRACE for Community Service. 5-C. Contract for Professional Services with Cheatham and Associates to design the Sewer Line, S-2, Section II. 5-D. Extension of Preliminary Plat for Country Walk Addition. 5-E. Contract for Professional Services with Newman, Jackson, Bieberstein, Inc., to prepare a City-Wide Trail Master Plan. 5-F. Award of bid for Traffic Signal Construction at the Intersections of S.H. 114 and North Kimball Avenue, and F.M. 1709 at North Kimball Avenue. Motion was made to approve the consent agenda items as listed above. Motion: Apple Second: Wambsganss Ayes: Apple, Wambsganss, Evans, Franks, Farrier, Richarme, Fickes Nays: None Approved: 7-0 vote Regular City Council Meeting Minutes October 4, 1994 page nine A~enda Item #5-B. A~,reement reeardine construction of Draina~,e Imorovements/Evans. Councilmember Ralph Evans stepped down for this agenda item. Motion was made to approve Item #5-B, as presented. Motion: Farrier Second: Apple Ayes: Farrier, Apple, Franks, Farrier, Richarme, Fickes Nays: None Approved: 6-0 vote Councilmember Evans returned to the Council table. ADDITIONAL INFORMATION ON CONSENT AGENDA ITEMS An agreement with GRACE for Community Service. During the FY 94-95 Budget process, Council agrees to pay to GRACE the sum of seven thousand five hundred ($7,500.) dollars in payment for services described in the agreement. Last year the City contributed $5,000 to GRACE. Bicentennial Park Expansion Phase I, Letter of Agreement with Ralph and Linda Evans. In the construction plans for Bicentennial Park Expansion an earthen drainage channel is to be constructed by the City, adjacent to the park on the Evans property. For this donated easement and use of the excavated dirt, the City will allow Evans livestock grazing right to the City property that will not be developed in this phase of construction. Professional Services to design the sewer line S-2, Section 1I, provided by Cheatham and Associates. The City would like to be able to provide sanitary sewer service within the S-2 drainage area, which includes property within the City of Keller. S-2, Section II is planned to start at F.M. 1709 near Brock Drive, go north along the creek, cross Johnson Road, and extend up to Florence Road. The service is to be provided for a basic fee of $72,150. Basic fee does not include: soils testing, other testing outside laboratory services, revisions to material prepared beyond that specified in the proposal. Funding will come from Sewer Impact Fees. Extension of Preliminary Plat for Country Walk Addition. In a letter dated September 22, 1994, The Nelson Corporation who is requesting that the validity of the Country Walk preliminary plat be extended so that they may proceed with the submittal of a final plat. On August 21, 1990, Council approved original preliminary plat which has a two- year validity; on February 16, 1993, Council approved a one-year extension of the preliminary plat validity. Regular City Council Meeting Minutes October 4, 1994 page ten Agenda Item #5. Continued Authorization to execute a contract for professional services with Newman, Jackson Biebersfin, Inc., to prepare a City-Wide Trail Master Plan. In the City's 1994-95 budget, $20,000 was set aside to hire a consultant to develop a City-Wide Trail Master Plan. Proposals were mailed on August 26, 1994, to six consulting firms. The contract for the professional services of NJB to prepare a City-Wide Trail Master Plan will take approximately four months to complete. Award of bid for Traffic Signal Construction at the Intersections of S.H. 114, the two intersections at N. Kimball and S.H. 114 and N. Kimball Avenue and F.M. 1709 which need to be signalized. When Wal-mart requested driveway permits, Tx-Dot insisted that the two intersections be signalized. The City contracted Barton-Ashman Associates, Inc. to conduct the traffic study and produce the plans and specifications. The low bidder is Traffic Signals, Inc. and the bid amount is $99,196. Staff has negotiated with Wal- Mart to pay one-half the cost of the signals. The funding for the traffic signals will be provided from the Infrastructure Reserve Fund. A~enda Item #6. Public Forum Richard Crowe, 1502 Plantation Drive, Southlake. Mr. Crowe asked to have the City Attorney letter regarding the Coventry Addition and the request of the City Manager for the opinion on the subject to be made a part of the record. Public Forum closed. Agenda Item #7-B. Ordinance No. 480-133.2nd readin~ CZA 94-903 Ordinance No. 480-133, 2nd reading (ZA 94-96), Rezoning request for 0.862 acres situated in the A.A. Freeman Survey, Abstract No. 522, being Tract 2A01B. Current zoning is "AG" Agricultural, with a requested zoning of "SF-30" Single-Family Residential District. Owner/Applicant: Jode Ann Wilson. SPIN Neighborhood #13. Public Hearing. The Zoning Administrator, Karen Gandy, noted that twelve (12) notices were sent to property owners within 200' notification area and two written responses have been received from within the 200' notification area: Elliott Vaughn, in favor; and C. Thomas Chapman, opposed. Staff commented that this tract and Tracts 2Al and 2A1A on either side of it were annexed into the City on December 21, 1988 in the existing configuration. The surrounding tracts have residential structures and the applicant plans to build one single-family dwelling on the subject tract. Regular City Council Meeting Minutes October 4, 1994 page eleven A~,enda Item #7-B. Continued PUBLIC HEARING Richard Morgan, Lot 39-A, Donley Court, Southlake. Mr. Morgan stated he feels if the tracts do not meet the property zoning requirements, it shouldn't happen. He is opposed to having trees cut on his property in the easement. Shawn Brennen, 403 Donley Court, Southlake. Mr. Brennen stated he agrees with Mr. Morgan's issues. He does have a problem with the sewer being put in by the City. The other lots are owned by her father. Other issues need to be explored for sewer, like going to Myer Meadows Addition. Councilmember Richarme commented this is a zoning issue and not a time to address sewer designs and issues. Councilmember Wambsganss had questions on the lay of the land. Ron Harper, City Engineer, commented about going with the lay of the land for sewer. Councilmember Richarme stated that was an appropriate question in that the City Council address alternate methods to providing sewer to the property in question. According to Mr. Morgan, Mr. Sullivan stated the City can use his easement for sewer to this property. Councilmember Wambsganss stated he agrees with Councilmember Richarme that this property will need City help in determining the method to sewer. Councilmember Farrier stated he was in hopes that the Board of Adjustments would have made a decision prior to this meeting. Motion was made to table Ordinance No. 480-133, 2nd reading, in view of the fact that the applicant was not present for this meeting, until the next meeting. Motion: Farrier Second: Apple Ayes: Farrier, Apple, Evans, Franks, Farrier, Richarme, Wambsganss, Fickes Nays: None Approved: 7-0 vote (to table) Regular City Council Meeting Minutes October 4, 1994 page twelve Agenda Item g7-C. Ordinance No. 480-148.2nd readine (ZA 94-102) Ordinance No. 480-148, 2nd reading (ZA 94-102), Rezoning request for Lots 1 and 2, J. Childress No. 253 Addition, being 6.002 acres situated in the John Childress Survey, Abstract No. 253, Tract 1H. Current zoning is "AG" Agricultural, with a requested zoning of "SF-1A" Single-Family Residential District. Owner/Applicant: John R. Smart. SPIN Neighborhood #13. Public Hearing. The Zoning Administrator, Karen Gandy, commented that ten (10) notices were sent to property owners within the 200' notification area and two written responses have been received, from: Lloyd O. Latta Jr., in favor; and John S. Sanders, in favor. The public hearing resulted with no comments from the audience, and the applicant was not present for the meeting. Motion was made to approve Ordinance No. 480-148, 2nd reading. Motion: Richarme Second: Wambsganss Mayor Fickes read the caption of the ordinance. Ayes: Richarme, Wambsganss, Evans, Apple, Franks, Farrier, Fickes Nays: None Approved: 7-0 vote Agenda Item/gT-D. Ordinance No. 609. 2nd readln~. Lone Star Gas Comnanv The City Manager, Curtis Hawk, stated this item originally came before the City Council on lune 7, 1994. The request called for an estimated $1,952 total increase in the annual revenue from Southlake, estimated at $0.67 per month additional for each residential customer of Lone Star Gas. On September 6, 1994, Lone Star Gas requested City Council grant a 35-day extension to the rate request, which City Council granted. The request was made to give Lone Star an opportunity to reach a negotiated settlement with the Lone Star Gas Distribution Cities. Vemie Henderson, Lone Star Gas Company was present and requested this item be continued until the consortium of Arlington has changed to approve the request. Mayor Fickes commented if the City needs to continue this action, he would like input prior the City Council meeting on what the other cities have done on this issue. The public hearing resulted with no comments from the audience. Regular City Council Meeting Minutes October 4, 1994 page thirteen A~,enda Item #7-D. Continued Motion was made to table Ordinance No. 609 until October 18, 1994 City Council meeting. Motion: Richarme Second: Wambsganss Ayes: Rieharme, Wambsganss, Evans, Apple, Farrier, Franks, Fickes Nays: None Approved: 7-0 vote (to table) Anenda Item #8-A. Ordinance No. 480-149. 1st readinn (ZA 94-104) Ordinance No. 480-149, 1st reading (ZA 94-104), Rezoning request for the proposed Lot 5, of the H. Grandberry No. 581 Addition, being 6.794 acres of land situated in the H. Grandberry Survey, Abstract No. 581, Tracts 1D, 1D1, and 1E. Current zoning is "SF~I" Single Family District, with a requested zoning of "RE" Single-Family Residential Estate District. Owner/Applicant: Mark L. Struhs. SPIN Neighborhood #14. Nine (9) notices were sent to property owners within the 200' notification area, according to Karen Gandy, Zoning Administrator. One written response has been received from William E. Lafavers, with questions. The applicant will apply to the Board of Adjustments for a variance to the 300' lot width requirement for property zoned "RE". Director of Community Development, Greg Last, commented on the ZBA Case, that it is the attorney's opinion that the City Council hold off on the platting until the ZBA has acted on the request. The ZBA meeting will meet between the 1st and 2nd readings of the ordinance. It was noted the owner agrees with holding off on the platting until the 2nd reading of the zoning. Matt Goodwin, Fort Worth, was present representing Mr. and Mrs. Struhs, who were unable to attend. Mr. Goodwin commented they are requesting ZA 94-105, be tabled until after the ZBA action. Councilmember Farrier stated Council is at a disadvantage, as it would be harder for the ZBA to reduce frontage on "RE" zoning rather than "SF-I" zoning. He stated he does not think the property owners know the difference in zonings. Councilmember Franks expressed concern that the property owners are not present tonight. Regular City Council Meeting Minutes October 4, 1994 page fourteen Aeenda Item #8-A. Continued PUBLIC HEARING: Mr. Bill Casner, 13651 Lakeview, Southlake. Mr. Casner stated he has concerns that zoning the driveway will dictate the future use of his land. City Attorney, Wayne Olson stated either zoning district is appropriate for this property. William LaFavers, 620 South White Chapel Blvd., Southlake. Mr. Lafavers stated he agrees with Mr. Casner, but he has a problem with the driveway dictating what he can do with his property, its like holding his property hostage. He is opposed to zoning the drive. He stated he will support the zoning change from "SF-I" to "RE" for the main block of the Stuhs property where home is located, which is adjoining the west side of his property. But he is opposed to changing the zoning on the long 60' wide road that adjoins the south side of his property. Greg Last, Director of Community Development comments that if Mr. LaFavers and Mr. Casner want to build the drive, it would be to their advantage. Mr. Goodwin requested this item be tabled until October 18, 1994 meeting. Motion was made to table items #8-A and #8-B, until October 18, 1994. Motion: Franks Second: Wambsganss Ayes: Franks, Wambsganss, Evans, Apple, Farrier, Rieharme, Fickes Nays: None Approved: 7-0 vote (to table) Agenda Item #1~-B. ZA 94-105, Plat Showing of Lot 5. H. Grandberrv No. 581 Addition. This item was tabled with Item #8-A, until October 18, 1994. Anenda Item #8-C. Ordinance No. 480-151.1st readine (ZA 94-113) Ordinance No. 480-151, 1st reading (ZA 94-113), Rezoning request for 0.987 acres situated in the William W. Hall Survey, Abstract No. 687, being a portion of Tracts 3A and 3B. Current zoning is "CS" Community Service District, with a request for "O-1" Office District. Owner: Pleasant Hill Advent Christian Church, Jeroll Shivers, Trustee; Applicant: Dr. Greg Wright. SPIN Neighborhood #10. Regular City Council Meeting Minutes October 4, 1994 page fifteen A~enda Item #8-C. Continued Fourteen (14) notices were sent to property owners within the 200' notification area, according to Zoning Administrator, Karen Gandy. Two (2) written responses were received from Dr. Robert Montoya, opposed; and Jerry Pettengill, in favor. One response received from outside the notification area was received from Betty Springer, in favor. Councilmember Richarme commented that at the Planning and Zoning Commission meeting, there was a lot of conversation regarding this request being for S-P-1 or S-P-2 instead of "O-1". Karen Gandy explained that "O-1" is strictly for professional offices with no particulars spelled out, just follow "O-1" in the ordinance. Mayor Fickes noted the corridor study-overlay zone would effect this property in regard to roof lines, masonry requirements, etc. The City is unaware at this time if the hill will be cut down. Councilmember Richarme agreed with the Mayor in that the City Council has made a statement about the corridor study. Councilmember Franks commented that the property is being purchased as a contingent upon zoning. Franks also asked once the corridor study is complete and property is zoned, will the City be able to hold the property owners feet to the fire. He expressed concern about the City Council doing away with all zoning except site plan zoning. Dr. Greg Wright, 850 Ginger Court, Southlake. Dr. Wright stated he intends to purchase the property now, and for a future building for his dental practice. He stated he is aware of the corridor study and agrees with the intentions of that. His building will be colonial style like the mortgage company on F.M. 1709. Dr. Wright stated at this time, he will not consider "S-P-l" zoning. He intends to build a single story building. Dr. Robert Montoya, 809 Pearl Drive, Southlake. Dr. Montoya stated he is an orthodontist and would love to see this use in this location. He is concerned with "O-1" Zoning in that location, however, if the corridor study covers it, and binds him from going higher than one story, he is not opposed. He would be all for it if the height would stay at one story. Regular City Council Meeting Minutes October 4, 1994 page sixteen Agenda Item #8-C. Continued Motion was made to approve Ordinance No. 480-151, 1st reading. Motion: Apple Second: Franks Mayor Fickes read the caption of the ordinance. Ayes: Apple, Franks, Farrier, Evans, Wambsganss, Richarme, Fickes Nays: None Approved: 7-0 vote A~enda Item #8-D. ZA 94-114. Plat Showine of Lots 1 & 2. T. Eager No. 474 Addition. ZA 94-114, Plat Showing of Lots 1 & 2, T. Easter No. 474 Addition, being 2.96 acres situated in the Thomas Easter Survey, Abstract No. 474, Tracts llD5, llD5A, and llDSB. Current zoning is "SF-1A" Single Family Residential District. Owners: Johnny and Edna Beech and Mickey D. and Rose Kendrick. Applicant: Walter W. Ward. SPIN Neighborhood #7. According to Karen Gandy, Zoning Administrator, the applicants are submitting the plat for two reasons: 1) Mr. and Mrs. Kendrick are purchasing approximately 1/4 acre from the Beech family to make their lot be in conformance with the minimum one-acre requirement for the "SF- lA" district, and 2) Mr. and Mrs. Beech are platting in order to build one single-family residence. Ten (10) notices were sent to property owners within the 200' notification area and two written responses have been received: Johnny L. and Edna Beech, in favor; and E.C. White, in favor. This property is in the 65 Ldn; therefore, a precondition to approval will be the execution by the property owners of an avigation easement with language acceptable to both the City of Southlake and DFW Airport. By placing this statement in the minutes, at some point and time if a problem or question arises, the intent will be clear in the minutes of this meeting. Motion was made to approve ZA 94-114, Plat Showing, subject to the second Plan Review Summary dated September 30, 1994, deleting item #5. Motion: Franks Second: Richarme Ayes: Franks, Richarme, Evans, Wambaganss, Farrier, Apple, Fickes Nays: None Approved: 7-0 vote Regular City Council Meeting Minutes October 4, 1994 page seventeen Agenda Item//9-A. Resolution No. 94-46. Establishine Fee Schedule~ Resolution No. 94-46, provides for the adoption of a resolution to establish and revise fees for city services, uses, and activities. A copy of the memorandum dated September 30, 1994, from Director of Finance, LouAnn Heath is hereby attached to the minutes of this meeting. Motion was made to approve Resolution No. 94-46 as presented. Motion: Apple Second: Evans Ayes: Apple, Evans, Franks, Farrier, Richarme, Wambsganss, Fickes Nays: None Approved: 7-0 vote Aeenda Item #10-A. Variance to Sien Ordinance for Blockbuster Video Blockbuster Video at Southlake Crossing, Southlake Blvd. and Davis Blvd. has requested a variance to the sign ordinance. Blockbuster Video has acquired the comer building, which will have exposure to both Davis Blvd. and Southlake Blvd. It was noted the applicant has requested three (3) variance to the sign ordinance, including: North elevation-facing Southlake Blvd. Applicant requests a variance to Section 17A, one sign per street and 100 sq. ft. per street frontage. Variance to the height of the letters changed from 24 inches to 30 inches. This would create 61.88 sq. ft of copy on the awning. They also request a 50 sq. ft. "tom ticket" for a total of 111.80 sq. ft. of signage. Our ordinance allows 100 sq. ft. The applicants reasons for the request is because of the distance from Southlake Blvd. which is approximately 560 feet. West elevation- facing Davis Blvd. Applicant requests 30 inch letters instead of the 24 inch letters in the ordinance. Total sign area would be 61.88 sq.ft. South elevation-Davis Blvd. Applicant requests a small 33 sq.ft, tom ticket sign on the rear column. Many potential customers who are northbound on Davis will be attached by the logo. According to Bob Whitehead, Director of Public Works, staff is not recommending the request to the south elevation. It was noted there will be a directory sign up front. Regular City Council Meeting Minutes October 4, 1994 page eighteen A2enda Item #10-A. Continued Jack Milner, 1206 Sabine Court, Southlake. Mr. Milner and his brother are the owners of the Blockbuster Video store in Southlake and stated they have spent a lot of money for the signs as it is their advertisements. They feel it is an extreme setback and feel they need to go from 24" to 30" letters. Mr. Milner stated this sign will be the same as at the Albertson's Center in Grapevine, as they also own that store. He noted they are not going to go with the sign on the south side of the building. Motion was made to accept the request for variance to side variance for Blockbuster Video allowing 30" letters on the north and west and deleting the sign on the rear at the applicants request. Motion: Farrier Second: Franks Ayes: Farrier, Wambsgnass, Franks, Fickes, Evans Nays: Richarme and Apple Approved; 5-2 vote Councilmember Evans stepped down for item #10-D Agenda Item #10-D. Award of Bid for Bicentennial Park Imnrovements Kim McAdams, Park and Recreation Project Coordinator commented that the City Council authorized the staff to advertise for bids for Bicentennial Park Expansion at their September 6, meeting. The construction bids were opened on Friday, September 30, 1994. The SPDC and Joint-Use Committee reviewed the bids during their meeting held on October 3, 1994. At that time they also considered the options on the Middle School Gym Joint-Use project. Ms. McAdams noted the low bidder was Dean Electric with a base bid of $1,843,000. Donnie Hunt, 821 E. Southlake Blvd., Southlake. Mr. Hunt stated he is representative of Randoll and Blake, who also bid on the project. Mr. Hunt stated he has concerns with not being awarded the bid as they were so low on Alternate #12. At this time, motion was to go into executive session to seek the advice of the City Attorney with regard to bidding procedure. Motion: Apple Second: Farrier Ayes: Apple, Farrier, Franks, Wambsganss, Richarme, Fickes Nays: None Approved: 6-0 vote Regular City Council Meeting Minutes October 4, 1994 page nineteen Aeenda Item #10-D. Continued Mayor Fickes advised the audience that Council would be going into executive session pursuant to Chapter 551 of the Texas Government Code, Section 551.071,551.072, 551.074, 551.076. Council adjourned into executive session at 11:40 p.m. Council returned to open session at 12:30 a.m. According to Ms. McAdams, the City Council is proposing the base bid and Alternate #6 and #7. Motion was made to approve the award of bid for Bicentennial Park Improvements and accept the low bidder, Dean Electric with a base bid of $1,843,000, also accepting alternates #6 and //7. Motion: Farrier Second: Richarme Ayes: Farrier, Richarme, Franks, Apple Nays: Wambsganss, Fickes Approved: 4-2 vote Councilmember Ralph Evans returned to the Council table. Aeenda Item/f2-B. Action Necessary/executive session Motion was made to proceed with action as discussed in executive session relating to land acquisition. Motion: Apple Second: Franks Ayes: Apple, Franks, Farrier, Evans, Wambsganss, Richarme, Fickes Nays: None Approved: 7-0 vote Agenda Item #11-A. Discussion: Reouest to amend Ordinance No. 480 to allow full service ¢~r washes. Karen Gandy, Zoning Administrator noted Thomas E. McClendon made a request to amend the zoning ordinance to allow a full service car wash. Ms. Gandy is recommending this use be allowed only in the "C-3" General Commercial District with a Specific Use Permit. This procedure would allow the Commission and the Council an opportunity to review a concept plan prior to approval of such a request. Regular City Council Meeting Minutes October 4, 1994 page twenty A~enda Rem #11-A. Continued Thomas McClendon 1400 Northridge, Southlake. Mr. McClendon stated he is looldng at approximately 2 acres on Davis Blvd. to place a full service car wash. Council asked Mr. McClendon to bring back information to the next meeting regarding water usage, photographs and more specific information on full service car washes. Anenda Item #10-B. An~ointinn a Charter Review Committee, Curtis Hawk, City Manager stated we are running out of time if Council is going to consider appointing a committee to review the need for Charter Amendments to be placed before the voters in January. Motion was made to approve the appointment of a Charter Review committee including: Three members from the original Charter Committee, three members from current boards and commissions and three SPIN representatives. The names include: Brad Bradley, Betty Springer, Ralph Evans, Ernest Johnson, Bill Towler, Bethann Scratchard, Carolyn Hobbs, Robin Jones and Karen Reynolds. Motion: Franks Second: Apple Ayes: Franks, Apple, Evans, Wambsganss, Farrier, Fickes Nays: Richarme Approved: 6-1 vote Motion was made to name Brad Bradley as chairman of the Charter Review Committee. Motion: Farrier Second: Franks Ayes: Farrier, Franks, Richarme, Wambsganss, Apple, Evans, Fickes Nays: None Approved: 7-0 vote Aeenda item #10-C. Aopointment to CGS Teen Court Advisory Board, Curtis Hawk, City Manager, commented he believes that Southlake is the last to appoint members to the Colleyville-Grapevine-Southlake Teen Court Advisory Board. The C.I.S.D. appointed Buddy Luce and Annette Skupin. The City Manager recommended Councilmember Wambsganss and Cathy Turner to be Southlake's appointees to the board. Regular City Council Meeting Minutes October 4, 1994 page twenty-one A~enda Item glO-C. Continued Motion was made to approve Councilmember Andy Wambsganss and Cathy Turner to the CGS Teen Court Advisory Board. Motion: Apple Second: Franks Ayes: Apple, Franks, Farrier, Richarme, Evans, Fickes Nays: None Abstention: Wambsganss Approved: 6-0-1 Anenda Item g7-A. Continued Mayor Fickes called for the vote once again regarding Ordinance No. 480-144, 2nd reading. Motion was made to approve Ordinance No. 480-144, 2nd reading (ZA 94-88), subject to the fourth Plan Review Summary dated September 30, 1994, deleting items gl and//2, and items g3-B and g3-c. Motion: Farrier Second: Apple Mayor Fickes read the caption of Ordinance No. 480-144. Ayes: Farrier, Apple, Evans, Franks, Wambsganss, Fickes Nays: Richarme Approved: 6-1 vote Aeenda Item g12. Ad_iournment The meeting was adjourned by Mayor Gary Fickes at 1:15 a.m. City Secretary 1 City of Southlake, Texas CITY COUNCIL MEETING I 0 SIGN UP IF YOU WISH TO SPEAK DURING THE MEETING 1 DATE: l0 - - / 1 NAME ADDRESS TELEPHONE AGENDA ITEM 1 Dorm k, tki4v(T i 1 C, Sou.TWC,/u 1 _ o ar. T/t D- 10 1 �_ t 11. _ _ A-t C o V+�te t'i(?J"i' Mr. / w 1 )'`. S O. % 1 0 1 k Ati ' t imkrt �oii Io 0 ©? D/ Or , C I ' 14" LtLIAX■e-- tr CIA CL'tt-vd ea.&..roft," 1 1 0 1 1 1 1 1 1 1 i i 7 1 City of Southlake, Texas 1 " CITY COUNCIL MEETING S IGN UP IF YOU 'WISH TO SPEAK DURING THE MEETING DATE: /O NAM ADDRESS TELEPHONE AGENDA ITEM 1 ti Ks.J..)44‘ 1215 AS1n rA n.z 1 A Tilwroatc_ lUCCA arirro ReffinA VJ 11P 7 I. 1 1 1 1 1 1 1 I Q . 1 1 } ► CLA THE STATE OF TEXAS * At * b. r D�1D 1 0 COUNTY OF * II I, 0 t as a member of the I/ make this affidavit and hereby on oath state a following: I, and /or a P erson or persons related to me, have a substantial interest in a business entity that would be peculiarly affected by II a vote or decision of the as those terms are defined in Chapter 171, Texas Local Government Code. i II The business entity is (name and address) II I have a substantial interest in this business entity for the following reasons: (Check All which are applicable) II Ownership of 10% or more of the voting stock or shares of the business entity. 1 Ownership of 10% or more or $5,000 or more of the fair market value of the business entity. Funds received from the business entity exceed 10% of gross income for the previous year. Real property is involved and _ have an equitable or legal ownership with a fair market value of at least $2,500. 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 I that I will abstain from voting on any decision involving this business entity and from any further participation on this matter whatsoever. 1 1 - II Signed this day of , 195 . Signature ,f official 1 r )LIB../ /L %i. Title 1 6 1 II BEFORE th u dersigned authority, this day personally appeared (,(J ! (Fct ��?/1 and on oath stated that the facts herei above stated are true to the best of 11 knowledge or belief. Sworn to �� and subscribed to be ore me on this 7 day of �I 1 �,1�.�'�rr� 11,/,0 , 19 q 9 ~ '� RA L L GRAND * NOTARY f ZZ 2 C fj� ARY PUBLIC ublic in and for *l „I State of Texas otary Public Co• ExP• 0244-97 the State / of Texas My Commission Expires: �JG�I�G�{�Gt Gt 4 e �/'!d l Type /Print Notary's Name G M E M O R A N D U M TO ANDY WAMBASGANSS, ESQ. 817- 338 -0700 FROM RICHARD CROWE RE COVENTRY DATE OCTOBER 4, 1994 I am under the impression that either an "opine" letter will be available before the meeting tonight OR you will require the City attorney to state for the record, conceptually, the following: "Low Density Residential pursuant to the existing land use plan in effect is interpreted to mean that for each gross acre of land one dwelling unit may be constructed pursuant to a PUD" The city attorney has, I have been informed, delivered the requested letter to Curtis Hawk. On the above facts, will you please consider either making or amending a motion with regard to approval to include the following areas of concern: (1) Pima or David will not, if successful in purchasing at a later date the property to the north of the subject property currently owned by Ruby Hill, seek any development plan that requires lot size less than a full one acre, as currently defined in the SF -1A zoning ordinance. (2) Pima and /or David '11 e best - orts to allow an engineering firm hired by pin 1 an. pin l to monitor and work hand in hand as a consult. with respect • the drainage design for Coventry. (3) Post Oak Trial and coventry Lane will not be aligned. PAGE 1 MEMORANDUM TO WAMBASGANSS FROM CROWE PE COVENTRY (4) The developer will install community playground equipment in the open space, after consultation with the home owners association, at the appropriate time. (5) Spin 11, Spin 12 and the developer respectfully request the city to allocate not less than 50% of fees paid to the city with regard to street improvements to be allocated equally to repairs and improvements to the abutting streets. (6) The developer agrees that (1) the number of lots will not exceed 101 and (2) that the smallest lot size will not be less than 21,000 square feet and, (3) each home shall not be less that 2700 square feet of air conditioned space, excluding garages and other non - living areas. (7) The developer, in keeping with earlier representations, agrees to waive any reimbursement that may be due as part of the sewer. (8) The developer will not allow chain link or stockade type fences in any section of Coventry. (9) The developer will provide a berm of at least four (4) feet along any abutting roads. All fencing near abutting roads shall be between the constructed home and the berm. THE END cc: Art Jaynes 214 - 929 -8284 Ron Maness 214 - 325 -5674 PAGE 2 MEMORANDUM TO WAMBASGANSS FROM CROWE RE COVENTRY FIELDING, BARRETT & TAYLOR, LLP. ATTORNEYS 3400 HANK ONE TOWER 500 THROCKMOR TON STh1:ET IVRT WORTH, TEXAS 76102-3821 TELEPHONE (817) 332 -2580 VAX (817)332 -4740 WAYNE K. OLSON October 4, 1994 VIA FAX AND HAND DELIVERY Mr. Curtis Hawk City Manager City of Southlake 667 North Carroll Avenue Southlake, Texas 76092 Re: Ordinance No. 480- 144 -- Coventry Rezoning Second Reading Dear Curtis: In response to your letter dated October 3, 1994 to Allen Taylor, it is my opinion that the rezoning of Coventry, as proposed on the October 4, 1994 City Council agenda, is in accordance with the City's Comprehensive Plan and does not constitute spot zoning. The current City Land Use Plan defines "low density residential" as single - family residential development at a net density of one or fewer dwelling units per acre. It is my understanding that the final proposal from Coventry has an overall density of less than one dwelling unit per acre, which is in accordance with the Comprehensive Plan. Further, the law in Texas requires respect for the Comprehensive Plan in evaluating rezoning requests. This does not require a mirror image of the Comprehensive Plan, nor does it prohibit the rezoning of property where there has been a change in conditions in the community since the Comprehensive Plan was adopted. In conclusion, it is my opinion that the City Council has the authority to approve the proposed rezoning of Coventry. This is a matter which is left to the sole discretion of the City Council to determine whether this is the appropriate use for this property. I trust that L have adequately responded to your inquiry. If you have any questions regarding this matter, please let me know. Very truly yours, t%i i< Wayne K, Olson WKO:mb Bid Tabillation Bidders Bicentennial Park man - prod 4 Itrch;4cc+(44I Southlake, Texas dY�G Bla 114i .14e5 September 30, 1994 Bid I, 837 0o0 I, 659,261 2, 247, Ooo Alternate #1 - Add ,I 1350 L.F. six -foot trail 14,175 17,SZo 169,Z Alternate #2 - Add C.M.U. Wall 2015 I ( 072. Z2,000 Alternate #3 - Add Modified topsoil Mixture 5S 34, Soo i5,oco Alternate #4 - Deduct Add Sherman Poles with Musco — I — 500 '-- 500 Alternate 4 #5 -Deduct Add Sherman q , Zo + 6 , 720 f / Co /Ow Shern�an Poles with Qualite Alternate #6 - Add Adjustments @ Fields #1 & #2 I'5, 3, $Z5 14, 000 Alternate #7 - Deduct Drill Seeding — 7 000 -- Zobo -1, 000 Alternate #8 - Add Sod Adjacent to Paving L'50 0 3,950 6000 s rnate #9 - Add .tting Cages 3 4, coo 19 , Soo 23,000 Alternate #10 Add 1170 L.F. Pipe Fence . 12,090 700 2.1 / OOO Alternate #11 - Add Duplex Lift Station 5, c o 4,15 4,000 Alternate #12 - Add Remove 4° Asphalt replace with 55 D 4 too 74 000 concrete Alternate #13 Add Pond Excavation 17, 500 12, ( (3, O00 Alternate #14 - Deduct Add Rainbird Irrigigation Equipment — 2, IqO — 1,000 -2,Z00 Alternate #15 - Add Completion of selected elements 130 ZOO 000 S3 by April 1, 1995 Addenda #1 r t/ Addenda #2 .,ender Days to Completion 300 3 2c' 27 0 Bid Guaranty t/ ✓ ✓