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1994-11-01CITY OF SOUTHLAKE, TEXAS 667 NORTH CARROLL AVENUE REGULAR CITY COUNCIL MEETING NOVEMBER 1, 1994 COUNCILMEMBERS PRESENT: Mayor Gary Fickes; Mayor Pro Tern Jerry Farrier; Deputy Mayor Pro Tern, Jori Michael Franks. Members: Stephen Apple, Andy Wambsganss, W. Ralph Evans, and Michael Richarme. STAFF PRESENT: 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; Bob Whitehead, Director of Public Works; Ron Harper, City Engineer; Kevin Hugman, Assistant to the City Manager; E. Allen Taylor, Jr. 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. INVOCATION: Councilmember W. Ralph Evans. The Regular City Council meeting was called to order at 7:00 p.m. by Mayor Gary Fickes. Aeenda item ge2-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 7:02 p.m. Council returned to open session at 7:33 p.m. Agenda Item #2-B. Action Necessary/Executive Session No action was necessary as the result of the executive session. Regular City Council Meeting Minutes November 1, 1994 page two Agenda Item//3. Annroval of the Minutes of October 18. and Soecial Meeting of October 25. 1994. Motion was made to approve the minutes of the October 18, 1994, City Council meeting, tabling the minutes of the Special City Council Meeting held on October 25, 1994. Motion: Franks Second: Richarme Ayes: Franks, Richarme, Evans, Apple, Wambsganss, Farrier, Fickes Nays: None Approved: 7-0 vote Agenda Item #4-A. Mayor's Renort Mayor Fickes announced that a SPIN Retreat will be held on November 3, 1994, from 8:30 p.m. to 5:30 p.m. at the Solana Education Center. Councilmember Richarme noted Keep Southlake Beautiful was awarded a grant from the Texas Parks and Wildlife Department. The grant is for Keep Southlake Beautiful to develop a wildlife habitat demonstration site in Bicentennial Park, whereby citizens will plant wildlife and wildflowers. On November 5, 1994, from 10:00 a.m. to 2:00 p.m., a community work day will be held. Aeenda Item #4-B. City Manager's Reoort Curtis Hawk, City Manager, noted the General Election will be held on November 8, 1994, and voting will be held in the Fire Station for Precinct//3039 and//3470. Agenda Item #5. Consent Aoenda The consent agenda consists of the following items: 5-A. Authorization to advertise for bids for White Chapel Blvd., Paving Project. 5-B. Approval of Bids for Construction of the Middle School Joint-Use Gymnasium. 9-B. Resolution No. 94-48, Appointment of David Baltimore to fill the unexpired term of Ernest Johnson as SPIN #12 Neighborhood Representative. Regular City Council Meeting Minutes November 1, 1994 page three Agenda Item #5. Continued Motion was made to approve items #5-A, #5-B, g9-B, as presented. Motion: Apple Second: Evans Ayes: Apple, Evans, Wambsganss, Franks, Farrier, Richarme, Fickes Nays: None Approved: 7-0 vote ADDITIONAL INFORMATION ON CONSENT ITEMS Requesting authorization to advertise for bids for repaving of White Chapel Blvd. from Bear Creek to Highway 114. This project would be divided into two distinct contracts: one from Bear Creek to FM 1709 and one from FM 1709 to Highway 114. The project will consist of paving overlay and minor repair in distressed arms. The one major reconstruction will be the elimination of the hill at Highland and White Chapel. In addition, there will be bid alternatives to allow for the horizontal realignment of several areas: Highland and White Chapel and the curves between FM 1709 and the Feed Store on White Chapel. The plans for this project were prepared by Dunaway and Associates. Bids for construction of the Middle School Joint-use Gym. The SPDC Board and the Joint-Use Committee approved the low bid of the Ridgemont Company for up to $726,056 which includes bid alternate g9 and gl0, gll, and g12 or #14. The bid alternates included are fixed wooden bleachers within 150 capacity (gg), air conditioning for the gym (gl0), 4 additional drop down basketball goals (gll), and resilient robber athletic flooring (g12) or a resilient wood flooring (g14). The Ridgemont Company for $723,835 includes bid alternate gg, gl0, #11, and #14 with a wooden floor. During its May 17, 1994, meeting the City Council appointed the initial members of the SPIN Standing Committee. At that time Ernest Johnson agreed to serve as interim chair of SPIN Neighborhood #12 until another interested citizen stepped forward. David Baltimore was appointed to replace Johnson, with a term to expire in May, 1996. A~_enda Item #6. Public Forum No comments were received during the public forum. Regular City Council Meeting Minutes November 1, 1994 page four Aeenda Item g7-A. Ordinance No. 480-145. 2nd readine ZA 94-117. Ordinance No. 480-145, 2nd reading (ZA 94-117), Rezoning request for 4.0 acres situated in the John Childress Survey, Abstract No. 254, Tract 3. Current zoning is "C-l" Neighborhood Commercial District, with a requested zoning of "SF-1A" Single-Family Residential District. Owner/Applicant: David E. Walsh, Sr. SPIN Neighborhood//3. The Zoning Administrator, Karen Gandy, stated the Land Use Category for this property is "Mixed Use". Seven (7) notices were sent to property owners within the 200' notification area and two written responses have been received from within the 200' notification area, from: Joe Kennel, in favor; and C.W. Rickett, undecided. The applicant, Mr. David Walsh, was not present for the meeting. The public hearing resulted with no comments from the audience. Motion was made to approve Ordinance No. 480.145, 2nd reading. Motion: Richarme Second: Farrier Mayor Fickes read the caption of the ordinance. Ayes: Richarme, Farrier, Franks, Evans, Apple, Wambsganss, Fickes Nays: None Approved: 7-0 vote Aeenda Item gT-B. Ordinance No. 480-146. 2nd readiw, (ZA 94-99L Ordinance No. 480-146, 2nd reading (ZA 94-99), Rezoning and Site Plan for Ravenaux Village, being a portion of Lot 2, Block B, Ravenaux Village, and being 3.970 acres situated in the Thomas Hood Survey, Abstract No. 706. Current zoning is "S-P-2" Generalized Site Plan District, with a requested zoning of "S-P-l" Detailed Site Plan District. Owner/Applicant: Christian Men's Network ("CMN"), a non-profit organization. SPIN Neighborhood #11. According to Mrs. Karen Gandy, Zoning Administrator, seven (7) notices were sent to property owners within the 200' notification area and two written responses have been received, from: Countryside Bible Church, Tom Watson, Pastor, no objection unless there is an assessment for road/curb/gutter/sidewalk construction; and, Howard Pangburn, opposed. It was noted on October 18, 1994, this action was approved (7-0) subject to the third Plan Review Summary dated October 14, 1994, with item #1 being modified to indicate the Council wants the road built to the western edge of the Christian Men's Network portion and an appropriate turn-around built on the adjoining property. Regular City Council Meeting Minutes November 1, 1994 page five Agenda Item g7-B. Continued Councilmember Richarme asked if the road would be public or private. It was noted the road will be public and built to City specifications. The Applicant, Dr. Paul Cole, was present for the meeting to answer questions of Council. The public hearing resulted with no comments from the audience. Motion was made to approve Ordinance No. 480-146, subject to the third Plan Review Summary dated October 28, 1994. Motion: Farrier Second: Richarme Mayor Fickes read the caption of the ordinance. Ayes: Farrier, Richarme, Franks, Wambsganss, Apple, Evans, Fickes Nays: None Approved: 7-0 vote Agenda item gT-C. Ordinance No. 480-150. 2nd reading (ZA 94-108L Ordinance No. 480-150, 2nd reading, (ZA 94-108), Rezoning request for 20.0 acres situated in the Heirs of Christopher Dart Survey, Abstract No. 2003, Tract 1, and the William H. Main Survey, Abstract No. 1068, Tract 3. Current zoning is "AG" Agricultural with a requested zoning of "SF-1A" Single-Family Residential District. Owner: Ann Tamsin Boardman. Applicants: Regal Oaks Joint Venture. SPIN Neighborhood #12. The Zoning Administrator, Karen Gandy, noted thirty-eight (38) notices were sent to property owners within the 200' notification area and responses include: Richard and Joan Crowe, in favor; James and Nelda Seals, in favor; J.T. and Robin Bryant, undecided; Thomas Schorn, undecided; Roy C. Jordan, undecided. Applicant, Wayne Lee, was present to answer questions for Council. The public hearing resulted with no comments from the audience. Regular City Council Meeting Minutes November i, 1994 page six Agenda Item #7-C. Continued Motion was made to approve Ordinance No. 480-150, as presented in second reading. Motion: Richarme Second: Farrier Mayor Fickes read the caption of the ordinance. Ayes: Richarme, Farrier, Franks, Wambsganss, Apple, Evans, Fickes Nays: None Approved: 7-0 vote Agenda Item/f'I-D. Ordinance No. 480-152, 2nd readin~ (ZA 94-116) Ordinance No. 480-152, 2nd reading (ZA 94-116), Rezoning request for 5.06 acres situated in the Heirs of Christopher Dart Survey, Abstract No. 2003, Tract lB. Current zoning is "AG" Agricultural with a requested zoning of "SF-1A" Single-Family Residential District. Owner: Joan Crowe. Applicant: Regal Oaks loint Venture. SPIN Neighborhood #12. Karen Gandy, Zoning Administrator, noted fifteen (15) notices were sent to property owners within the 200' notification area and two written responses have been received, Robert Koehler, in favor; and Ann Tamsin Boardman, in favor. The public hearing resulted with no comments from the audience. Motion was made to adopt Ordinance No. 480-152, 2nd reading. Motion: Wambsganss Second: Apple Mayor Fickes read the caption of the ordinance. Ayes: Wambsganss, Apple, Evans, Franks, Farrier, Richarme, Fickes Nays: None Approved: 7-0 vote Agenda Item #8-A. ZA 94-119. Prelimina~ Plat of Wakefield Addition, ZA 94-119, Preliminary Plat of Wakefield Addition, being 7.961 acres situated in the Heirs of Christopher Dart Survey, Abstract No. 2003, being all of Tract 1Al and a portion of Tract 12A. Current zoning is "SF-1A" Single-Family Residential District. Owners: Jimmy and Barbara Hornick. Applicant: Graham Associates, Inc. SPIN Neighborhood #12. Karen Gandy, Zoning Administrator, informed Council that seventeen (17) notices were sent to property owners within the 200' notification area and two written responses have been received by: Wendi Carlucci, opposed; and Hansel Ray Williamson, has no objections as long as lots are one acre or more. Regular City Council Meeting Minutes November 1, 1994 page seven Agenda Item #8-A. Continued Motion was made to approve ZA 94-119, subject to the third Plat Review Summary dated October 28, 1994, deleting item #1. Motion: Franks Second: Farrier Ayes: Franks, Farrier, Richarme, Wambsganss, Apple, Evans, Fickes Nays: None Approved: 7-0 vote Mayor Gary Fickes stepped down for Agenda Items #8-B and #8-C Mayor Pro Tem Farrier chaired the items Agenda Item #8-B. Ordinance No. 480-154. 1st reading (ZA 94-123), Ordinance No. 480-154, 1st reading (ZA 94-123), is a Rezoning request for 1.4065 acres situated in the Samuel Freeman Survey, Abstract No. 525, Tract 3B2. Current zoning is "AG" Agricultural with a requested zoning of "C-3" General Commercial District. Owner: Mrs. Belle Lidster. Applicant: Hanover Development Company. SPIN Neighborhood Karen Gandy, Zoning Administrator, noted eight (8) notices were sent to property owners within the 200' notification area and no written responses have been received. Councilmember Richarme asked the Zoning Administrator to highlight the uses in the "C-3" Zoning District for the audience. Richarme also noted that the City is in the middle of a Corridor Study for F.M. 1709, F.M. 1938, and SH 114. The anticipated completion date of the study is first quarter, 1995. Dick LaBlanc, owner of Hanover Development, 8235 Douglas, Dallas, Texas. Mr. LaBlanc was present for the meeting and stated he is in the single-family and commercial property development business. Mr. LaBlanc stated he needs to reach an agreement from two more owners of property and they own the remainder of the property. Mr. LaBlanc stated they are familiar with the corridor study and the anticipated requirements of their property. Hanover owns several lots on the site and wants to do a larger type development, however, if the larger piece of property does not come together, they will develop in two parcels. In reference to a time problem, Mr. LaBlanc stated he has no problem at this time, but after the first of the year, he will need to move on. Regular City Council Meeting Minutes November 1, 1994 page eight Aeenda Item #8-B. Continued Councilmember Richarme commented he would like to have them work their project into the corridor study. Councilmember Wambsganss stated he feels this property will be "C-Y' but the study may not be done until summer, 1995. Councilmember Apple stated we could wait three (3) years and the property will still be "C-Y'. He would like to see it developed in the larger tract, the risk is minimal. Mr. LaBlanc stated in order for the large development to be done, they will have to purchase a parcel of land from Conner Lam. Mr. LaBlanc asked to have this item and item #8-C tabled until January 17, 1995 meeting. Motion was made to table Ordinance No. 480-158, (Item #8-B, and #8-C) Ordinance No. 480- 155, until January 17, 1995, at the request of the applicant. Motion: Apple Second: Richarme Ayes: Apple, Richarme, Farrier, Franks, Evans, Wambsganss Nays: None Approved: 6-0 vote (to table) Agenda Item #8-C. Ordinance No. 480-155. 1st reading ZA 94-124 Ordinance No. 480-155, 1st reading (ZA 94-124), Rezoning request for 3.726 acres situated in the Samuel Freeman Survey, Abstract No. 525, being a portion of Tract 1 of the W.E. Mayfield Subdivision. Current zoning is 'B-2" Commercial Manufacturing District, with a requested zoning of "C-Y' General Commercial District. Owner: Jimmy R. Parker. Applicant: Hanover Development Company. SPIN Neighborhood #7. This item was tabled with agenda Item #8-B, time certain, January 17, 1995. Mayor Fickes returned to the Council table. Regular City Council Meeting Minutes November 1, 1994 page nine A~enda Item #8-D. Ordinance No. 480-156. 1st reading (ZA 94-125}. Rezoning and Concent Plan for S0uthlake Church of Christ. Ordinance No. 480-156, 1st reading, (ZA 94-125), Rezoning and Concept Plan for Southlake Church of Christ, being 4.007 acres of land situated in the J.G. Allen Survey, Abstract No. 18, Tract 5C2 and Tract 5C3, and Concept Plan approval of Lot 3, J.G. Allen No. 18 Addition. Current zoning is "AG" Agricultural, with a requested zoning of "CS" Community Service District. Owner/Applicant: Southlake Church of Christ. SPIN Neighborhood #15. The applicant was not present for this agenda item. Motion was made to table Ordinance No. 480-156, 1st reading, until November 15, 1994 meeting, when the applicant will be present for the meeting. Motion: Farrier Second: Franks Ayes: Farrier, Franks, Evans, Wambsganss, Richarme, Fickes Nays: None Approved: 6-0 vote (Councilmember Apple was out of the room) A~,enda Item #8-E. ZA 94-126. Plat Revision of Lot 3R. J.G, Allen No. 18 Addition. ZA 94-126, Plat Revision of Lot 3R, J. O. Allen No. 18 Addition, being a revision of a portion of Lot 3, J.G. Allen No. 18 Addition, and 4.007 acres situated in the J. G. Allen Survey, Abstract No. 18, being all of Tract 5C2 and Tract 5C3. This item was not considered tonight, but will appear on the next agenda. A~,enda Item #8-F. Ordinance No. 480-157. 1st reading, (ZA 94-127L Ordinance No. 480-157, 1st reading (ZA 94-127) Rezoning request for 16.92 acres situated in the James Thomhill Survey, Abstract No. 1505, being all of Tract 2 and a portion of Tract 2A. Current zoning is "AG" Agricultural, with a requested zoning of "SF-1A" Single-Family Residential District. Owner: Naomi R. Morrison. Applicant: The Nelson Corporation. SPIN Neighborhood//14. Karen Gandy, Zoning Administrator, noted that fourteen (14) notices were sent to property owners within the 200' notification area and three written responses have been received, from: Southlake Properties, J.V., Phil Jobe, in favor; Dee Ann Kramer, in favor; Allen and Melissa Ripley, opposed. Regular City Council Meeting Minutes November 1, 1994 page ten Agenda Item #8-F. Continued Helen Eve, The Nelson Corporation, 5999 Summerside Drive, Dallas. Phil Jobe, Developer, were also present for the meeting. Motion was made to approve Ordinance No. 480-157, 1st reading. Motion: Farrier Second: Apple Mayor Fickes read the caption of the ordinance. Ayes: Farrier, Apple, Franks, Richarme, Wambsganss, Evans, Fickes Nays: None Approved: 7-0 vote Agenda Item #8-G. Ordinance No. 480-158.1st readine (ZA 94-128), Ordinance No. 480-158, 1st reading (ZA 94-128), Rezoning and Concept Plan for Stone Lakes Phase IV, be'rog 24.64 acres situated in the lames Thomhill Survey, Abstract No. 1505, and being a portion of Tract 2A. Owner: Naomi R. Morrison. Applicant: The Nelson Corporation. Current zoning is "AG" Agricultural with a requested zoning of "SF-20A" Single- Family Residential District. SPIN Neighborhood//14. Karen Gandy, Zoning Administrator, commented that twenty-four (24) notices were sent to property owners within the 200' notification area and seven written responses have been received, including: Southlake Properties, J.V. Phil Jobe, in favor; Kenneth and Jean Montgomery, opposed; Dee Ann Kraemer, in favor; Susan pace, opposed; Jeff and Kathy Miller, undecided; Allen and Melissa Ripley, opposed; James and Elizabeth Neiwald, opposed. SPIN //14 Representative, Carolyn Hobbs, submitted letters representing Chimney Hill and Southlake Hills property owners. A petition was received from property owners within the Stone Lakes, Chimney Hill and Southlake Hills Subdivisions of Southlake to prevent Creekview street and Chimney Hill Trail from being constructed as through streets and connecting with Dartmouth Drive. The petition is hereby made a part of the record. Public Comments: John Blackburn, 1003 Chimney Hill Trail, Southlake. Mr. Blackburn expressed the concerns of the majority of the residents with the plan to extend the streets. They wish to endorse Phil Jobe as a developer, and the one acre lots being proposed. This plan will connect three additions with the new one. Drainage was noted as an issue. The citizens have become concerned with through streets that will connect Continental Blvd. with F.M. 1709. How the city will control crime, and the safety of the children axe concerns. Regular City Council Meeting Minutes November 1, 1994 page eleven Agenda Item #8-G. Continued Fire and anabulance is not an issue here, as noted by the Fire Department. Police response time is an issue. They will not argue this point. He referenced response time from various points in the city and within subdivisions. Residents in the three subdivisions recognize the delay in response time. People in the subdivisions are prepared to forfeit the response time vs. not having a through street. They want to provide a safe environment. They want to ask the City Council to approve the plan approved by the Planning and Zoning Commission. Rex Potter, 303 Waterford Court, Southlake. Mr. Potter stated he is the chairman of the Stone Lakes Homeowners Association. They are pleased with Mr. Jobe's development. The people are informed. They hope City Council will listen to each speaker. Gene Hanson, 1306 Lakeway Drive, Stone Lakes, Southlake. Mr. Hanson stated he was involved with the petition and 215-245 households feel strongly enough that this is what they want to sign. He stated the citizens want to know that City Council is listening to them. Joe Smith, 2049 Wedgewood Drive, Timarron, Southlake. Mr. Smith stated he in the Coalition of Neighborhoods, and wished to voice his support for the citizens of the three neighborhoods. Melissa Ripley, 901 Chimney Hill Trail, Southlake. Ms. Ripley stated she concurs with everything that has been said. Mark Pace, 806 Hillcrest Trail, Southlake. Mr. Pace stated they approve 100% what is being said by the homeowners. He has four children under eleven years old and they are more concerned with safety than response time. Carolyn Hobbs, SPIN #14 Representative. Mrs. Hobbs stated on behalf of all the neighbors on the crime issue, she has one thought. What will be necessary in the future, by connecting the neighborhoods, would that be causing problems in the future? Hagi Agili, 912 Chimney Hill Trail, Southlake. Mr. Agili asked Council to keep the plan as presented tonight, with no through streets. He stated he feels the Southlake Police Department is the best around, and he referred to response time. Helen Eve, The Nelson Corporation. In response to the staff review letter,//2 dated 10-28-94, they ask that City Council delete items #1 and//2, as the P&Z has. Item #3, whatever the City Council chooses to do. Councilmember Farrier commented in regard to cul-de-sac's not serving more than twenty houses as noted in the subdivision ordinance, and stated he feels there was logic when it was written. Regular City Council Meeting Minutes November 1, 1994 page twelve Aeenda Item gS-G. Continued Farrier stated he still feels the logic is good. He thinks the logic that requires stub streets to the south was good and is still good. He applauds the homeowers for their interest in this item, and the way they presented their information and the way they brought their community together to look at this issue. It is conceivable that if we continue to develop subdivisions with minable numbers of entrance and access points, that at some point and time, we will have a subdivision that is blocked out to get any response. He stated he is reluctant to see closing of streets that have been on the drawing board for over five years. He stated he cannot support that concept. If he could support concept, he would not go against the subdivision ordinance. Councilmember Richarme asked The Nelson Corporation representative if they have had any traffic counts done and do they know the number of vehicles in a twenty-four hour period that might use that as a connector. The answer was no. Mayor Fickes commented that he can support the crime and safe streets issue. He stated he feels what the neighborhoods want is realistic. Phil Jobe, 3830 Oak Lawn, Dallas. Mr. Jobe stated the zoning requested is for one acre lots, and the owner will keep the 13 acres for her self. She plans to give an acre to each of her children and that is all. He referenced many meetings he has had with the homeowners, and noted this is a real issue to the homeowners. He took it very serious as a developer. Councilmember Farrier asked Mr. Jobe if he can develop this plan with no stubs and comply with the subdivision ordinance. Councilmember Franks asked Mr. Jobe if the streets are stubbed out, but City Council requires the developer to follow the subdivision ordinance and does not grant a variance on it, what will he do? Will it remain undeveloped or will he come back with another plan that meets the subdivision ordinance? Regular City Council Meeting Minutes November 1, 1994 page thirteen A~,enda Item #8-G. Continued Mr. Jobe stated he does not know. This would put him in a tough position. If he gets put in a box, he feels it is unfair to put him in a box. Mr. Jobe stated he addressed the subdivision ordinance on the first submittal, and was directed by the Planning and Zoning Commission to come back with this plan. Councilmember Farrier stated he could not in good conscience, allow this much of a subdivision to come in and not be in compliance with the subdivision regulations. Gene Hanson pointed out that their are thirty-five lots on a cul-de-sac in Stone Lakes. Mayor Fickes stated he feels what was done here originally was good planning; it made good sense at the time. He is not sure it makes sense now. In the future we will probably have a fire station in that area. Councilmember Richarme stated he feels Council did themselves a disservice by not continuing Cambridge. Greg Last, Director of Community Development, commented that all lots on the cul-de-sac meet the requirements of the curvilinear ordinance, the requirement is 50% of the lots must be on a cul- de-sac or have a radius of 800' or less. In his opinion, it wouldn't meet the requirement. Jeff Pitsbrough, 903 Chimney Hill, Southlake. Mr. Pitsbrough stated most people thought Chimney Hill would be extended, but only to about 40 houses, not 250 houses. Councilmember Apple asked, could you look at this as an isolated picture, however, he has a bigger concern, 250 homes going out two roads onto F.M. 1709. We have done it before. Motion was made to approve ZA 94-128, 1st reading, subject to the Staff Review Letter g2, of 10-28-94, deleting #1, #2, and #3. Motion: Franks Second: Evans Mayor Fickes read the caption of the ordinance. Ayes: Franks, Evans, Apple, Wambsganss, Farrier, Richarme, Fickes Nays: None Approved: 7-0 vote Regular City Council Meeting Minutes November 1, 1994 page fourteen Council adjourned for recess at 9:28 p.m. Council returned to open session at 9:40 p.m. Aeenda Item #8-H. ZA 94-129. Preliminary Plat of Stone Lakes. Phase IV, ZA 94-129, Preliminary Plat of Stone Lakes Phase IV, being 41.56 acres situated in the James Thornhill Survey, Abstract No. 1505, Tract 2 and Tract 2A. Current zoning is "AG" Agricultural, with a requested zoning of "SF-1A" Single-Family Residential. Owner: Naomi R. Morrison. Applicant: The Nelson Corporation. SPIN Neighborhood #14. Karen Gandy, Zoning Administrator, noted thirty (30) notices were sent to property owners within the 200' notification area and comments include: Dee Ann Kraemer, in favor; Southlake Properties, J.V. Phil Jobe, in favor; Kenneth and Jean Montgomery, opposed; Allen and Melissa Ripley, opposed; Marc A. Pace, opposed; Jeff and Kathy Miller, undecided; James and Elizabeth Niewald, opposed; Stone Lakes Homeowners Association, Board of Directors and Officers submitted a letter addressing their concerns. Councilmember Farrier asked about different alignments and configurations in the area. If this plan was inverted, where the road were on the north side, and the cul-de-sac comes to the south. Is that a plan that would work better or worse? Mr. Jobe commented they have major drainage problems in that area they are trying to correct. Greg Last commented you would have to run the storm drain between lot lines, rather than in the street. Councilmember Farrier complimented the developer for his willingness to work with the homeowners and City Staff. It has been a pleasure working with him. He has listened to Council and made changes. Motion was made to approve ZA 94-129, Preliminary Plat of Stone Lakes, Phase IV, subject to the third Plat Review Summary dated 10-28-94, deleting items #4, #5,//7. Motion: Apple Second: Franks Ayes: Apple, Franks, Farrier, Richarme, Evans, Wambsganss, Fickes Nays: None Approved: 7-0 vote Regular City Council Meeting Minutes November 1, 1994 page fifteen Agenda Item ~9-C. Resolution No. 94-53. Authorizing Publication of Notice of Intent to Issue Certificates of Obligation. According to LouAnn Heath, Director of Finance, Resolution No. 94-53, authorizes the publication of a notice of intent to issue certificates of obligation. The City is proposing issuance of $6,595,000 certificates of obligation. The uses of the funds is as follows: 1) Equipment for Public Safety and Public Works- $415,000; 2) Sewer Assessment Program- $1,300,000; 3) Water Ground Storage Tank- $2,500,000; 4) Land- $2,178,000; and 5) issuance costs including underwriter's discount- $192,000. The equipment debt will be retired over a five year period. The remaining debt will be repaid over 20 years. The interest rate estimate is approximately 6%. These certificates will be insured to the Aaa rating. The City's current ratings are 'A' from Moody's Investor Services and 'A' from Standard and Poor's. Motion was made to approve Resolution No. 94-53, as presented. Motion: Franks Second: Apple Ayes: Franks, Apple, Farrier, Richarme, Evans, Wambsganss, Fickes Nays: None Approved: 7-0 vote Agenda Item #10-B. Variance to Sign Ordinance for Wal-Mart Bob Whitehead, Director of Public Works presented the request for variance to the sign ordinance for Wal-Mart, stating Adams Engineering has made the request. The total signage request is for two pole signs, one monument sign and wall signage on the east elevation of the building. A copy of the memorandum from Mr. Whitehead dated October 26, 1994 is hereby attached to the minutes. Danny Adams, Adams Engineering was present representing Wal-Mart. The variances as outlines in the memorandum from Mr. Whitehead were discussed. Councilmember Farrier stated the information provided by Wal- Mart is not to scale, the representation of the lettering is not to scale and he has a hard time making an aesthetic judgement as to what is appropriate at that location without a suitable rendering. Mr. Farrier did not place the blame on Mr. Adams, but would like this item to be brought back when more accurate renderings are available to Council for review. Regular City Council Meeting Minutes November 1, 1994 page sixteen Agenda Item #107~. Continued Mayor Fickes asked Mr. Adams to have the pole signs at 20' with brick and to draw the other things up to scale and bring back to Council when completed. Mr. Adams stated Council is asking him to take the message to Wal-Mart that he asked from them prior to his being here tonight. No action was taken on this item tonight. A~enda Item #10-C. Develooer Aereement for Shady Oaks School Director of Public Works, Bob Whitehead, led the discussion regarding the Developer Agreement for Shady Oaks Elementary School. He stated the agreement contains the standard language, however there are several noteworthy items that makes this agreement unique, including: Page 3. Section E PERIMETER STREET FEES: No Perimeter Street Fee will be required from the Project because CISD has agreed to be responsible for the cost of widening Shady Oaks Drive to three lanes the entire frontage of the school property. Page 3. Section F, ON-SITE SEWER LIFT STATION: Because there is no sewer system in place to allow gravity flow service, CISD agrees to construct a lift station necessary to handle the anticipated flow of the school. The City agrees to perform murine maintenance on the lift station, but CISD will pay any cost for components needed for repair. Page 3. Section C. START OF CONSTRUCTION: The City will not require CISD to submit payment and performance bonds before construction. Page 5. Part IV. Section A. OFF-SITE DRAINAGE: CISD is not required to contribute drainage pro-rata at this time, because of on-site detention provided by CISD. If in the future the on-site detention facility is removed by CISD, drainage pro-rata will be required to be paid by CISD. The amount of the pro-rate contribution will be calculated at that time. Page 5. Section B., OFF-SITE WATER: The Master Plan requires an 8-inch water line in Shady Oaks Drive. The fire flow demands for the school facility require that a 12-inch line be in place. The City agrees to pay for the 8-inch water line and CISD will pay the difference of $24,950 for the over-sizing cost. Regular City Council Meeting Minutes November 1, 1994 page seventeen Agenda Item #10-C. Continued Page 5. Section C., PARK FEES: No Park Fees are required for the Project because the proposed facilities are to be shared jointly between CISD and the City. The City agrees to contribute $2,500 to the Project to "dress up" the playground and ballfields. Page 5. Section E., LANDSCAPING/FENCING: A joint landscaping project will be undertaken upon the site. A landscaping architect will develop a landscape plan which will include planting a number of trees and other plants. CISD agrees to construct a 6-foot high wood screening fence, which will be 200- feet in length along the north and south property line from Shady Oaks Drive eastward. Eddie Cheatham, Engineer for CISD was present to answer questions from Council. Motion was made to approve the Developer Agreement for Shady Oaks Elementary as presented. Motion: Apple Second: Richarme Ayes: Apple, Richarme, Evans, Wambsganss, Farrier, Franks, Fickes Nays: None Approved: 7-0 vote Agenda Item g2-A. Continued Mayor Fickes announced that Council would be returning to executive session pursuant to Chapter 551 of the Texas Government Code, Section 551.074 of the Open Meetings Act with respect to appointment and evaluation of public officials. Council adjourned to executive session at 10:35 p.m. Council returned to open session at 11:05 p.m. Agenda Item #2-B. Action Necessary/Executive Session No action was taken as the result of the executive session. Agenda Item g9-A. Resolution No. 94-47. Annointments to Building Board of Anneal Mayor Fickes announced that Resolution No. 94-47, appointment to the Building Board of Appeal will not be acted on tonight, but that it will be on the next City Council agenda for action. Regular City Council Meeting Minutes November 1, 1994 page eighteen A2enda Item//12. Adiournment The meeting was adjourned by Mayor Gary Fickes at 11:10 p.m. City Secretary to THE STATE OF TEXAS * * am COUNTY OF `, A/4,4 A * r .l G-1/4 A I, `(i: as a member of the (lam make is oidavit and hereby on oath state the following: I, au and /or a p rson or persons related to me, i nte - - - - - - _ • - . . . - .: _ T_. . = -by an v. - • ., g 13 - 8� as la those terms are defined in Chapter 171, Texas Local Government Code. mo The bu iness entity is is (name and address) PM I have a ubstantial interest in this business entity for the following re ons: (Check all which are applicable) • iii b nership of 10% or more of voting stock or shes of the business en ' y. w ‘ Owners 'p of 10% or re or $5,000 or more of the Ow fair mar et value the business entity. pm Funds recei e. from the business entity exceed 100 al of gross in••'me for the previous year. w Real p iperty i involved and ea have / zgn equitab .e or legal ownership with a fair mar,1et value of a' least $2,500. pm ,O ./A relative of mine h. a substantial interest in the `" business entity or p •.erty that would be affected f by a decision of the blic body of which I am a member. Upoi filing of this affidavit with the Ci Secretary, I affirm *• that I will abstain from voting on any decision involving this o business entity and from any further participation on this matter whatsoever. p Signed this / day of � 197 .. L - ,x,`1 L �Vt -\ � --kU ,, .r r lue On Signatu�.P of','ci IN uu 1-h k \ 5 1 ..� . J 55 -n: -11-z,`Lrt- M Ej 47 in , , " 1 0- CF Title o am a. am sr ime err BEFORE MP , the un rsigned authority, this day personally appeared ; and on oath stated that the facts herein4bove stated are true to the best of f knowledge or belief. Sworp to and subscribed to be ore me on this / day of 1 .�i 1/41A.GC� , 19q • 4 1./A / /1/ 0 /i....ieday OM * ` SANDRA L LEGRAND NOTARY PUBLIC N otar y Public in and for " State of Texas the State of Texas ilr �' ' OPS" Comm. Exp. 024497 My Commission •1 - . Type /Print Notary's Name / //9 . OR ON Pim IMO IOW .PIN "" City of Southlake, Texas CITY COUNCIL MEETING SIGN UP IF YOU WISH TO SPEAK DURING THE MEETING en DATE: n im NAME ADDRESS TELEPHONE AGENDA ITEM LAC-4300•1 loo 3 G fgi m l t Z_._ 8F g C� 3 f4- 'r .tea, - 4c 4;16 Pal 4 f G gH 8 g� _ 1 00E_ r MI (s ;A 61pleci «i/ 901 Chr'rnney flr'll "i�ri 1 e-- C4 c /1 yr ?6-, ilia ama amo amo rrr irr r..