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1994-11-15CITY OF SOUTHLAKE, TEXAS 667 NORTH CARROLL AVENUE REGULAR CITY COUNCIL MEETING NOVEMBER 15, 1994 COUNCILMEMBERS PRESENT: Mayor Gary Fickes; Mayor Pro Tem Jerry Farrier; Deputy Mayor Pro Tern, Jon 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; Kevin Hugman, Assistant to the City Manager; LouAnn Heath, Director of Finance; Greg Last, Director of Community Development; Billy Campbell, Director of Public Safety; Bob Whitehead, Director of Public Works; Karen Gandy, Zoning Administrator; Tom Elgin, City Planner; Ron Harper, City Engineer; Wayne K. 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. INVOCATION: Councilmember W. Ralph Evans. 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, 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 pumhase, 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 7:45 p.m. Agenda Item~ g2-B. Action Necessary/Executive Session No action was taken at this time as the result of the executive session. Regular City Council Meeting Minutes November 15, 1994 page two Aeenda Item //3. Aooroval of the Minutes of October 25. 1994. Soecial City Council m~tine and the November 1. 1994. Ret, ular City Council Meetine No action was taken on the Minutes of the Special City Council meeting held on October 25, 1994. The Minutes of the November 1, 1994, Regular City Council meeting were approved as presented. Motion: Farrier Second: Apple Ayes: Farrier, Apple, Evans, Wambsganss, Franks, Richarme, Fickes Nays: None Approved: 7-0 vote Aeenda item #4-A. Mayor's Reoort Mayor Gary Fickes reported on an Economic Development Event, with the grand opening of the Albertson's Market in Southlake. This being the 700th store for Albertson's, the opening events began with a ribbon cutting at 7:00 a.m. this morning. Agenda Item//4-B. City Manaeer's Reoort No comments were made during the City Manager's Report. Aeenda Item//5. Consent Aeenda The Consent agenda consisted of the following items: 5-A. Resolution No. 94-57, authorizing the City Manager to execute an agreement with the TRA for Land Rights for Denton Creek Pressure System Phase III. Authorizing the Mayor to execute an Agreement with Espey, Huston, and Associates, Inc. for Professional Services to acquire Right-of-way for the Denton Creek Pressure System, Phase III. 5oC. Authorizing the Mayor to execute an agreement for Professional Services with Cheatham and Associates in connection with the Design of Booster Pumping Station and Ground Storage Tank. 5-9. Authorizing the Mayor to execute an agreement for Professional Services with Cheatham and Associates in connection with the Design of Sewer Systems in Five (5) existing residential subdivisions. 5-E. Authorizing the City Manager to execute a contract for Wrecker Service. Regular City Council Meeting Minutes November 15, 1994 page three 5-F. Resolution No. 94-61, amending Fee Schedule to include Wrecker Fees. Motion was made to approve the consent agenda items, including: #5-A, #5-B, #5-C, #5-D, #5- D, #5-E, and #5-F. Motion: Apple Second: Rieharme Ayes: Apple, Richarme, Evans, Farrier, Franks, Wambsganss, Fickes Nays: None Approved: 7-0 vote Mayor Pro Tem Farrier had the Mayor read the list of subdivisions noted in item #5-D. ADDITIONAL INFORMATION ON CONSENT ITEMS Trinity River Authority (TRA) has sold bonds and hired an engineering firm to design the Denton Creek Pressure System-Phase III project. In order to have the project constructed and capable of transporting wastewater in 18 months, TRA and city staff are recommending that the City, using City procedures, require the land rights. The agreement authorized TRA to pay the City's costs for land acquisition from Denton Creek Wastewater Pressure System Series 1994 Bond Proceeds. The Agreement with Espey, Huston, and Associates, Inc. for Professional Services to acquire the right-of-way for the Denton Creek Pressure System Phase III allows for the following: TRA has issued bonds for the design, right-of-way acquisition and construction of the Denton Creek Pressure System, Phase III. This phase of the DCPS is from Marshall Creek to the vicinity of S.I-I. 114 and Kirkwood Drive. TRA has hired Espey, Huston and Associates to design this phase of the system; however, TRA deleted from the contract the acquisition of the right-of-way. This was to enable the City of Southlake to proceed with the acquisition of the necessary ROW, thus having time and funds. The proposed compensation for personnel time plus expenses in an amount not to exceed $61,000 is appropriate, as over two-thirds is for appraisal, and ROW subcontracts. The agreement is based upon acquiring 12 parcels along the pipeline and one pump station site. The final design of the DCPS may require more or less parcels, which could increase or decrease the fee. Also, additional costs for condemnations if necessary, are spelled out in the Special Services section of the agreement, and is estimated not to exceed $15,000. Regular City Council Meeting Minutes November 15, 1994 page four The water system improvements completed in 1994 will allow an adequate supply of water to the City for 1995; that is, assuming there are no major break in the one supply lines or other disruption of service from Fort Worth. The 1994 improvements consisted of larger pumps at the Beach Street Station and the High Pressure Plan, utilizing Keller's ground storage. The proposal acted upon is to contract with Cheatham and Associates to provide the engineering service. The estimated total cost including engineering fees, surveying fees and easement preparation is $168,830.00. The Agreement with Cheatham and Associates to prepare plans and specifications for sanitary sewers in the following subdivisions: Vista Trails, Cimarron Acres, Emerald Estates, Whispering Dell Estates, and Highland Estates. Cheatham and Associates are also preparing preliminary estimates to provide sewer services to existing subdivisions which are not on the three-year program. The schedule shows that it will take until July 1995 to complete all of the plans for the five subdivisions. Construction will start mid October 1995, with completion by April, 1996. The total estimated cost for Engineering Fees, surveying fee and easement preparation is $144,500. 5oE. The Wrecker Contract authorized by City Ordinance No. 578 is prepared for approval. All the proper procedures were observed. B&B Wrecker of Euless and Southlake was the only bidder to meet all requirements. This is a one-year contract that will automatically perpetuate itself for a total of five years. There is a 30-day cancellation clause which either party may choose to exercise. Ordinance No. 578 requires certain permits and fees for wreckers working within the confines of the City limits that meet the criteria for those permits. The DPS recommends that the permit fee per wrecker vehicle be $24 a year and the permit fee per authorized driver be $12 a year. Agenda Item #6. Public Forum Victor Boswell, Lot 19, Block 3, West Beach Addition. Mr. Boswell came before the City Council with questions concerning the contract for purchase of lots within West Beach Addition, between the City and Littlejohn and Farina. He referenced numerous concerns with the water system in north side of Southlake. He stated he would like to build on his property and wants fees waived for building permits, etc. He referenced cable service and the cost involved to mn lines to his property. He noted fire hydrants were not put in every 500 feet in West Beach as they are in some areas of town. Boswell asked for dumpsters in his area so that clean-up could be done. Natural gas was also a concern. Public form closed. Regular City Council Meeting Minutes November 15, 1994 page five Agenda Item #6-B. Presentation and Recommendation of Charter Review Committee Brad Bradley, Chairman of the Charter Review Committee, stated the suggested amendments have been included in Council packets. He stated the committee worked from topics suggested by the City Attorney's office, City staff, and committee members. The meetings were public and only three (3) meetings were held prior to the recommendations being made. A copy of the memorandum dated November 10, 1994, from the Charter Review Committee to the Mayor and City Council is hereby attached to the minutes of this meeting. Councilmember Richarme asked Mr. Bradley if the suggested amendments have had legal review. The answer was "yes." Richarme stated he had prepared questions of the committee regarding issues, including but not limited to: assignments, districts, cost of a special election, next regular election, effect of changes if the amendments wait until the next regular election, and etc. Mayor Fickes and Councilmembers agreed that a Council-Charter Committee work session would be held in order for more discussion to be held on the possible amendments to be placed on the special election ballot. It was announced that the work session would be held on Thursday, December 1, 1994 at 6:30 p.m. Council Chambers. Dennis McGrath, North Carroll Avenue, Southlake. Mr. McGrath stated he feels with the magnitude of the changes, that Council should wait for the Regular May Election in order for more time to be spent on the changes and time for the citizens to understand the issues. Agenda Item #8-E. and #8-F- Soecial Charter Election Motion was made to move agenda items #8-E and #8-F for discussion at this time. Motion: Apple Second: Franks Ayes: Apple, Franks, Farrier, Richarme, Wambsganss, Evans, Fickes Nays: None Approved: 7-0 vote Mayor Gary Fickes thanked members of the Charter Review Committee for the time spent on this task as it was a major undertaking. Regular City Council Meeting Minutes November 15, 1994 page six Agenda Item #8-E. Ordinance No. 626. 1st reading. Callin~ A Snecial Election for the Purpose of Amending the Home Rule Charter. The City Manager, Curtis Hawk, stated Ordinance No. 626, 1st reading, calling a special election for the purpose of amending the Home Rule Charter, which will set the election for January 21, 1995. Motion was made to approve Ordinance No. 626, 1st reading. Motion: Apple Second: Farrier Mayor Fickes read the caption of the ordinance. Ayes: Apple, Farrier, Franks, Evans, Wambsganss, Fickes Nays: Richarme Approved: 6-1 vote Agenda Item #8-E. Resolution 94-60. Setting the Procedures for the Soecial Election. Resolution No. 94-60 setting election procedures, including election precincts, naming the election judge and alternate judge, setting dates for early voting and other procedures was approved. Motion: Wambsganss Second: Apple Ayes: Wambsganss, Apple, Evans, Farrier, Franks, Fickes Nays: Richarme Approved: 6-i vote Agenda Item #7-A. Ordinance No. 480-157, 2nd reading IZA 94-1233. Ordinance No. 480-157, 2nd reading (ZA 94.127) is a 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 was discussed. 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. Public Hearing. Karen Gandy, Zoning Administrator, commented that fourteen (14) notices were sent to property owners within the 200' notification area and three written responses have been received, including: Southlake Properties, J.V., Phil Jobe, in favor; Dee Kraemer, in favor; and Allen and Melissa Ripley, opposed. SPIN #14 representative, Carolyn Hobbs submitted letters representing Chimney Hill and Southlake Hills property owners which were previously forwarded to Council. The public hearing resulted with no comments from the audience. Regular City Council Meeting Minutes November 15, 1994 page seven Agenda Item g7-A. Continued Motion was made to approve Ordinance No. 480-157, 2nd reading. Motion: Farrier Second: Richarme Mayor Fickes read the caption of the ordinance. Ayes: Franks, Evans, Apple, Wambsganss, Richarme, Farrier, Fickes Nays: None Approved: 7-0 vote Aaenda Item #7-B. Ordinance No. 480-158.2nd reading (ZA 94-128). Ordinance No. 480-158, 2nd reading (ZA 94-128) is a Rezoning and Concept Plan for Stone Lakes Phase IV, being 24.64 acres situated in the James Thomhill Survey, Abstract No. 1505, and being a portion of Tract 2A. Current zoning is "AG" Agricultural with a requested zoning of"SF-20A" Single-Family Residential District. Owner: Naomi R. Morrison. Applicant: The Nelson Corporation. SPIN Neighborhood #14. Public Hearing. The Zoning Administrator, Karen Gandy, reported that twenty-four (24) notices were sent to property owners within the 200' notification area and seven written responses have been received from the following: 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; lames and Elizabeth Niewald, opposed; SPIN #14 Representative, Carolyn Hobbs, submitted letters representing Chimney Hill and Southlake Hills property owners. The citizens of Stone Lakes, Chimney Hilland SouthlakeHills submitted a petition which was previously forwarded to Council. The public heating resulted with no comments from the audience. Motion was made to approve Ordinance No. 480-158, 2nd reading, subject to the November 11, 1994, #3, Plan Review Summary, deleting #1, g2, and #3. Motion: Franks Second: Evans Mayor Fickes read the caption of the ordinance. Ayes: Franks, Evans, Wambsganss, Apple, Farrier, Richarme, Fickes Nays: None Approved: 7-0 Regular City Council Meeting Minutes November 15, 1994 page eight Agenda items #8-A. and #8-B Southlake Church of Christ. Zonim, and Plat Revision 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, and ZA 94-126, Plat Revision of Lot 3R, J.G. Allen No. 18 Addition, were tabled at the request of the applicant, time certain, December 6, 1994. Motion was made to table Ordinance No. 480-156, 1st reading ZA 94-125 and ZA 94-126, at the request of the applicant, Southlake Church of Christ, time certain, December 6, 1994. Motion: Apple Second: Wambsganss Ayes: Apple, Wambsganss, Evans, Franks, Farrier, Richarme, Fickes Nays: None Approved: 7-0 vote A~,enda Item #8-C. Ordinance NO. 480-153. 1st readim, (ZA 94-118) Ordinance No. 480-153, 1st reading (ZA 94-118), Rezoning and Concept Plan for Timberlake Community Church, being 15.218 acres situated in the J. G. Allen Survey, Abstract No. 18, Tract 5Al, was discussed. Current zoning is "AG" Agricultural, with a requested zoning of "CS" Community Service District. Owner: Ray W. Washburne. Applicant: Timberlake Community Church, Phillip Bressinck, Agent. SPIN Neighborhood #15. The Zoning Administrator, Karen Gandy, reported nine (9) notices were sent to property owners within the 200' notification area and three written responses have been received from the following: Douglas Beavers, in favor; E.I. Wiesman, undecided; Karen Kay Hawkins, opposed. June Haney, SPIN #15, responded, undecided, noting the security lights need to be directional, parking lights need to be on a timer and directional, as many trees as possible need to be saved, buffers need to be on all sides and the sign should be as Iow as possible and with low illumination. Mayor Fickes had questions regarding the road. Greg Last, Director of Community Development, responded the original intent, based on previous discussions on the thoroughfare, was to provide a connection from F.M. 1709 to Continental Blvd., and it was envisioned that this might take place through residential lighting, and by no means a direct shot. The requirement for a right-of-way on the west side of the property is not applicable on this situation. Regular City Council Meeting Minutes November 15, 1994 page nine Agenda Item #8-C. Continued Allen Nelson, architect working with the Church. Mr. Nelson stated the church plans to develop in two phases, with the first phase being recreation/multi-purpose facility on 1,200 sq.ft. The ultimate size of the church is to seat 1200 persons. Parking will be for 400 spaces. Drainage is a problem and they plan to use a retention pond. In reference to the road, they agree with the staff comments, and there is not a need for a street to mn down the side of the property. Regarding lighting, they will control the glare and direction of lights. Scott Bums, Pastor, stated he is a citizen of Southlake and is excited about being here. They are currently meeting in Solana. They want a property for building that has natural trees and shrubs. Mayor Fickes stated he has no problem with the zoning, but with the concept plan. He wants them to use some imagination with the parking area and trees. It was indicated they are keeping away from the east property line in order to save a spectrum of trees. Councilmember Wambsganss indicated he has concerns with the number of parking spaces. Public Comments: Dorothy Sammons, 2451 Union Church, Southlake. Ms. Sammons stated she has several concerns, including water and drainage, noting the property slopes down. She indicated they spend $5,000 out of pocket for water specialists, in order to solve some of their problems with drainage. She indicated she feels with a lot of cement, it will increase the water flow. If the trees border on her property, she would like to see a buffer or barrier. The bright lights are also a concern. Ron Harper, City Engineer, stated he has had discussions with Metroplex Engineering, working on the drainage for this project. The intent is to make the pond larger and to engineer an outer structure so that the mn-off that currently occurs, will occur afterwards also. We recognize that with all the concrete or asphalt used for parking lot, that this will cause more water to mn off. Basically the pond will be used to store the water and release it over a greater period of time. Regular City Council Meeting Minutes November 15, 1994 page ten Agenda Item #8-C. Continued Mayor Fickes stated the church will have to provide a drainage study prior to any construction on the site. Patricia Preston, 2477 Union Church Road, Southlake. Ms. Preston expressed concerns with the drainage. June Haney, 400 Brock Drive, Southlake. Ms. Haney stated she is not opposed to the change. There are concerns in SPIN #15 about drainage. She stated she is pleased with the church with their plans for lighting and saving the trees. Public comments closed. Motion was made to approve Ordinance No. 480-153, subject to the third Plan Review Summary dated November 11, 1994, deleting item #2. Motion: Farrier Second: Richarme Mayor Fickes read the caption of the ordinance. Ayes: Farrier, Richarme, Evans, Wambsganss, Franks, Apple, Fickes Nays: None Approved: 7-0 vote Agenda Item #8-D. Resolution No. 94-54. SUP for Golf Drivine Range. Resolution No. 94-54 (ZA 94-132), Specific Use Permit for a Golf Driving Range per Ordinance No. 480, Section 45.1, No. 10, on property described as 12 acres situated in the S.H. Thompson Survey, Abstract No. 1504, being a portion of Tract 2E and a portion of Tract 2E1A. Current zoning is "AG" Agricultural. Owners/Applicants: Edward A. and Reba J. Ponder and Ron Krebs. SPIN Neighborhood #14. Public Hearing. Karen Gandy, Zoning Administrator, comments that five (5) notices were sent to property owners within the 200' notification area and one written response has been received from Continental J.V., Nick DiGiuseppe, Representative, opposed to this request. It was noted the Planning and Zoning Commission denied this case on November 3, 1994, therefore, approval of this request will require a super-majority vote from the City Council. Ron Krebs, Applicant, stated this proposed project is in Southlake and Keller. They are currently under contract with the Ponders. He stated he has met ail city requirements, with heights of the polls being 50'. Fencing is a 50' net, which is 15' below the home level. A 6' tall wooden fence will surround the property. Regular City Council Meeting Minutes November 15, 1994 page eleven Agenda item//8-D. Continued Mayor Fickes stated his biggest concern is lighting, with the second issue being fencing. He stated he feels it will decrease the value of homes which are to be built to the north in the near future. For an enterprise that is basically in the City of Keller, the City of Southlake will not benefit. This is not a good economic trade-off for Southlake. The use is not compatible to this area. Laura Roach, attorney, representing Mr. Krebs. Ms. Roach stated they are talking about a first class operation and it could benefit Southlake and be a draw for the homes in the area. Currently the property is in the flood plane. She urged the City Council to consider Mr. Ponder as a property owner who needs to sell his property. She asked Council how they can overcome the objections. The attorney for the applicant suggested tabling this item, so that they could come back with a completed study. Councilmember Wambsganss stated he would consider this project with substantial modifications. Councilmember Farrier agreed. Items of concern include: lighting, fencing, visibility of lights, screening. Motion was made to table Resolution No. 94-54, at the request of the applicant, time certain, December 6, 1994. Motion: Farrier Second: Apple Ayes: Farrier, Apple, Evans, Wambsganss, Franks, Richarme, Fickes Nays: None Approved: 7-0 vote Council adjourned for recess at 10:10 p.m. Council returned to open session at 10:20 p.m. Regular City Council Meeting Minutes November 15, 1994 page twelve Aeenda Item #8-G. Ordinance No. 627. 1st reading, Authorlzin~, issuance of "City of Southlake. Tax and Waterworks and Sewer System Revenue Certificate~ of Obligation, Series 1994". Curtis Hawk, City Manager, commented the City is proposing issuance of $6.595 million certificates of obligation. The uses of the funds ia 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. The equipment debt will be retired over a five year period and the remaining debt will be repaid over 20 years. Members of the City Council and City Staff will be making a presentation to Moody's Investor Services and Standard and Poor's on November 29, and 30, 1994. Jim Sabonis, First Southwest Company, was present to make a presentation regarding Ordinance No. 627, authorizing the issuance of "City of Southlake, Texas, Tax and Waterworks and Sewer System (Limited Pledge) Revenue Certificates of Obligation, Series 1994". Greg Last, Director of Community Development, showed an overhead of the property to be purchased. Mayor Fickes stated the Council is looking at the possibility of a joint project with the C.I.S.D. with a Community Facility, City Hail, Joint Auditorium, maintaining a rural atmosphere using the fifty (50) acre site. The City does not plan to include police or fire station. White Chapel Blvd. will probably be the most heavily used thoroughfare in the City. It is scheduled to be widened before this site is ever used. The concept is to do some things jointly, saving the City taxpayers money. Councilmember Richarme asked if any facilities built will go to the voters for approval. The answer was "yes". Councilmember Apple asked the distance from the street to the nearest structures. The answer was "1/4 mile of green before structures." Councilmember Wambsganss stated it is his understanding that there is no increase in taxes due to the purchase of this property. The answer was "correct". Regular City Council Meeting Minutes November 15, 1994 page thirteen Agenda Item #8-G. Continued PUBLIC COMMENTS: Jill O'Neil, 101 Askot, Southlake. Ms. O'Neil stated the lights would be shining in her children's windows. She asked Council to follow the master plan for this property. City Hail is not a business, but an office building. She suggested putting City Hail on S.H. 114 with ail the other office buildings. She stated she does not feel this property should be purchased. David Horton, 104 Chapel Downs, Southlake. Mr. Horton stated everytime he has worked with real estate, they have urged him to stay away from municipaiities and schools. This will decrease his property vaiue. He urged the City Council to not purchase this property. Patty Lemke, 102 Churchill Circle, Southlake. Ms. Lemke stated every home in her addition is two story. The problem is, what it is going to look like down the line. Look at the school buildings, with portable buildings. All plans start out beautiful but look at them in a few years. She asked Council to not purchase the property. Betty Springer, 1024 Mission Drive, Southlake. Mrs. Springer stated the plan involves a city hail, administration building, three schools, on one parcel of land. This land is designat~l low density residentiai on the Land Use Plan. Traffic and drainage are major concerns, as well as lights. She stated it is hard to get out onto White Chapel Blvd. now. With the increased development of Bicentennial Park, she is concerned about the extra load. Parking lots make drainage. Can we guarantee the residents that nothing else will ever be built on this property. The campus style may change over time. She requested City Council re-think positive and re- think and vote no on the portion for land purchase. Dave Carpenter, 106 Churchill Circle, Southlake. Mr. Carpenter stated Council should follow the master plan, as it is a vehicle where people can choose where they want to live. He chose this area because he wants to live in a new residentiai area. Creditability of the City Council is at stake. He takes exception to the purchase of this property. Tom Flick, 107 Churchill Circle, Southlake. Mr. Flick stated he can understand how employees can want to work on a campus type setting. City Hall has outgrown its location. LouAnn Brooks, 705 Saratoga, Southlake. Ms. Brooks stated she wants the property to stay residentiai. Kathy Intihan, 113 Ascot, Southlake. Ms. Intihan stated they want to live near residential. Regular City Council Meeting Minutes November 15, 1994 page fourteen Aeenda Item #8-G. Continued Don Infihan, 113 Ascot, Southlake. Mr. Inithan stated they came here thinking this property is residential. We should be more concerned about residents who live here than where city hall is located. James Moore, 107 Chapel Downs, Southlake. Mr. Moore stated he has lived in Southlake for a year now and this is his first experience at a Council meeting. He commends Council for their professionalism. Mayor Fickes commented land acquisition is done behind closed doors, and once under contract, it becomes public. If not done this way, the price of land becomes too high. Councilmember Richarme pointed out that the Land lJse Plan does not show projected future city hall or school sites. We have outgrown our current property and must do something. The purchase has to be done the way the Mayor just explained. Mr. Moore asked what is the driving force to purchase this property. Mayor Fickes stated the site is centrally located, the price is right for the city at this time. The City is trying to plan for the future of the city. Councilmember Wambsganss pointed out that no structures will be built without voters of the City's approval. Councilmember Richarme commented we have looked at lots of property, and the ability to have the school share the costs is great for the taxpayers, with this 50 acre site. Councilmember Farrier stated, central location is the key. We want a campus style location that reflects the demeanor of Southlake. Sharon Phillips, 1027 Mission Drive, Southlake. Ms. Phillips stated she has lived in Southlake for ten years. She has seen the plans that City Councils have broken. Traffic is already bad. She knows what is like living around a school. She referenced the new high school, and the people who live on South Peytonville Avenue. She asked Council to stick with the Master Plan for once. Regular City Council Meeting Minutes November 15, 1994 page fifteen A~enda Item 8-G. Continued Janet Fulton, 100 Chapel Downs Drive, Southlake. Ms. Fulton stated she lives on the southeast comer of Chapel Downs and White Chapel Blvd. She is concerned with buses and school children. They love Southlake and want the quality of life they moved here for. A central location for City Hall should not take precedent over the rights of property owners. She would support facilities in another area of town. This is not a prudent decision. Larry Fulton, 100 Chapel Downs Drive, Southlake. Mr. Fulton stated he is of the opinion this is not a good location for City Hall. The publicity this will cause will not be good for Southlake. Regarding quality of life, Council has a responsibility to each citizen in Southlake. Stick with the plan, play the plan. They feel under-cut! He urged City Council to table this measure for another location. Piper Horton, 104 Chapel Downs, Southlake. Ms. Horton stated they hear noise and see lights from Bicentennial Park. The traffic on White Chapel is so heavy now. Mayor Fickes explained to Ms. Horton that White Chapel Blvd. will be widened soon. The design has been let. When the roadway is widened, it will take care of the drainage. Betty Springer, 1024 Mission, Southlake. Ms. Springer stated Oak Hill residents were not present because they did not get their flyers delivered. She urged Council to look at the Land Use Plan. Look somewhere else other than White Chapel Blvd. for City Hall facilities. This action would be a major deviation to the Land Use Plan. Aeenda Item #2-A. Executive Session. Continued Mayor Fickes advised the audience that Council would be returning to executive session pursuant to Chapter 551 of the Texas Government Code, Section 551.072, of the Open Meetings Act to seek the advice of the City Attorney, to discuss the purchase, exchange, lease or sale of real property. Council adjourned into executive session at 12:00 midnight. Council returned to open session at 12:15 a.m. Agenda Item #2-B. Action Necessary/continued No action was taken as the result of the executive session at this time. Regular City Council Meeting Minutes November 15, 1994 page sixteen Aeenda Item #8-G. Continued Mayor Fickes recommended to Council that the $2,178,000 be withdrawn from the $6.595 million certificates of obligation. That the City Manager and real estate adviser re-identify some alternate sites. This property is still under contract, however, there will be no money to buy it. We will match those sites with this site, and makes an evaluation and move forward. The Mayor stated he feels it is important that Council make a decision within a reasonable time period. He stated he feels if we do not take this site, we will not do a joint utilization with the school; it will be a stand alone site for the City of Southlake. Motion was made to approve Ordinance No. 627, withdrawing $2,178,000 from the total amount as discussed. Motion: Richarme Second: Franks Mayor Fickes read the caption of the ordinance. Ayes: Richarme, Franks, Farrier, Wambsganss, Apple, Evans, Fickes Nays: None Approved: 7-0 vote Mayor Fickes asked for the help of the property owners present, when Council finds another parcel. Aeenda item #9-A. Resolution 94-62. Aoorovim, SPDC's Issuance of $1.000.000 Sales Tax Suliordinate Lien Revenue Bonds. Series 1994 LouAnn Heath, Director of Finance, explained this resolution will approve the SPDC's issuance of $1 million in subordinated sales tax revenue bonds. The original SPDC budget called for the sale of an additional $1.5 million bonds at the end of FY 95, therefore this is an acceleration of the plan. The scope of the SPDC projects remains the same: 1) Bicentennial Park; 2) Land adjacent to the Corps property; and, 3) Joint use gymnasium. The City currently has a $1.8 million construction project in progress at Bicentennial Park. Negotiations are under way to purchase the additional tract of land near Bicentennial Park. Motion was made to approve Resolution No. 94-62 as presented. Motion: Apple Second: Evans Ayes: Apple, Evans, Wambsganss, Franks, Farrier, Richarme, Fickes Nays: None Approved: 7-0 vote Regular City Council Meeting Minutes November 15, 1994 page seventeen Anenda item gg-B. Resolution No. 94-63. A Resolution declarlne exoectation to reimburse expenditures with oroceeds of future debt. Resolution No. 94-63, declaring expectation to reimburse expenditures with proceeds to future debt was explained by LouAnn Heath, Director of Finance. The sequence of events required to issue certificates of obligation necessarily extends the date the City will actually receive funds. For the $6.595 million issue, the scheduled date to receive funds is January 10. The City may be required to expend funds for projects in anticipation of these bond proceeds. This resolution will allow the City to reimburse amounts expended in anticipation of bond proceeds. Motion was made to approve resolution No. 94-63. Motion: Franks Second: Richarme Ayes: Franks, Richarme, Evans, Farrier, Wambsganss, Apple, Fickes Nays: None Approved: 7-0 vote Agenda Item #10-A. Chanee Order #1 on Park Drainaee Project. Councilmember Ralph Evans stepped down for this item. According to Curtis Hawk, City Manager, the change order is the result of a revision to the design of the drainage channel. The change order is being prepared by J.T. Dunkin and Associates. The change order is in keeping with the original discussion City staff had with Mr. Evans when we negotiated the purchase of his property and the placement of the channel. This was overlooked during the design of the channel. The cost of the change is due to the additional pipe needed to meet the 3' depth. Councilmember Farrier stated he does not feel comfortable to vote on this item at this time in the form that it is in at this time. Motion was made to table the change order until December 6, 1994. Motion: Franks Second: Richarme Ayes: Franks, Richarme, Apple, Farrier, Wambsganss, Fickes Nays: None Approved: 6-0 vote (to table) Councilmember Evans returned to the Council table. Regular City Council Meeting Minutes November 15, 1994 page eighteen Aeenda Item #10-B. Variance to the Sien Ordinance for Wal-Mart Bob Whitehead, Director of Public Works, stated Adams Engineering has requested variances to the Sign Ordinance for the Wal-Mart store located at 200 North Kimball Avenue. The total signage request is for two pole signs, one monument sign and wall signage on the front and rear elevations of the building. The request has been modified based on Council discussion on November 1, 1994. A copy of the memorandum from Mr. Whitehead dated November 11, 1994, is hereby attached to the minutes of the meeting. Mayor Fickes commented that the drawings are much better than those presented during the last City Council meeting. Danny Adams, Adams Engineering, was present representing Wal-Mart, and explained the changes to Council. Motion was made to approve the variance to the Sign Ordinance for the Wal-Mart Store as follows: Provide on the front elevation the "Wal-Mart" sign at 188.33 sq.ft., also on the front elevation, the "tire and lube express" at 97.5 sq. ft.; eliminating the "satisfaction guaranteed" and "we sell for less"; eliminating the request for signs on rear elevation. Poll Signs: allowing for the "Wal-Mart" sign on SI-Ii14 at 110 sq.ft.; allowing for the 15 ft. poll sign "quaker state" at 32 sq.ft.; allowing the monument sign at 80 sq. ft. on F.M. 1709; eliminating signs on ail sides of the building but the front elevation. Motion: Wambsganss Second: Richarme Ayes: Wambsganss, Evans, Richarme, Fickes Nays: Apple, Franks, Farrier Approved: 4-3 vote A~enda Item #10-C. Variance to Sien Ordinance for Nations Bank Bob Whitehead, Director of Public Works, lead the discussion for the variance to the Sign Ordinance for Nations Bank, stating, Nations Bank a tenant within the Albertson's store has applied for a sign to be added to the Albertson's store front. Nations Bank is requesting the same size letters of 30 inches totaling 49 square feet for the store front. The approved signs of "Food" and Pharmacy" are 30 inch letters. The applicant states that "The Albertson's building is a large facility. The addition of 'Nations Bank' letters will not create an overuse or misuse of appropriate building graphics." Chris Anderson, architect for Albertson's building was present to answer questions of Council. He indicted the sign is to scale of the retail center. Regular City Council Meeting Minutes November 15, 1994 page nineteen Agenda item #10-C. Continued Motion was made to approve the request for Nations Bank sign with 30" letters as requested. Motion: Richarme Second: Evans Ayes: Richarme, Evans, Wambsganss, Apple, Franks, Farrier, Fickes Nays: None Approved: 7-0 vote Agenda Item #11-A. Discussion: Removine July 4. 1994 for Council meetine. Curtis Hawk, City Manager, noted while making submittal schedules for 1995, it was discovered that July 4, 1995 falls on a Regular City Council Meeting date. After discussion, it was the consensus that the first meeting in July, 1995 be eliminated. The City Manager is to bring this item back for consideration in the near future. Agenda Item #2-A. Executive Session. Continued Mayor Fickes advised the audience 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 regard to consideration of appointments and evaluation of public officials. Council adjourned into executive session at 1:20 a.m. Council returned to open session at 1:50 a.m. Aeenda Item g2-B. Action Necessary/Continued Motion was made to authorize the Mayor to execute the necessary documents regarding the purchase of Littlejohn and Farina property as discussed in executive session. Motion: Franks Second: Apple Ayes: Franks, Apple, Evans, Wambsganss, Farrier, Richarme, Fickes Nays: None Approved: 7-0 vote Regular City Council Meeting Minutes November 15, 1994 page twenty Aeenda Item #9-C. Resolution No. 94-47. Aopointments to Buildine Board of Anneals. Resolution No. 94-47, appointments to Building Board of Appeals was approved with the following appointments: 1. Michael 12ase 5. 2. Kosse Maykus 6. 3. Don Light 7. 4. Eddie Pierce Chuck Fettinger Bobby Harrell, Alternate #1 David Carpenter, Alternate g2 The terms of appointment are as follows: #1, #3, #5, #7 will serve 1 year terms. ~2, #4, #6, will serve two year terms. Motion: Franks Second: Wambsganss Ayes: Franks, Wambsganss, Evans, Apple, Farrier, Richarme, Fickes Nays: None Approved: 7-0 vote Agenda Item ~)-D. Resolution No. 94-57. Annointments to SYAC Resolution No. 94-57, appointing grade representatives to the Advisory Body for the Southlake Youth Advisory Commission. The following are hereby appointed as youth representatives: GRADE 7: Adam Settles Ryan Bradley Stephanie Luce GRADE 10: Kristen Chambers Karri Casner Brydie Andrews GRADE 8: Morgan Rudy Lauren Dobbs Vacant GRADE 11: Piper Summers Melissa Campbell Amanda McCutcheen GRADE 9: Kimberly Springer Kim Harris Lolly Skelton GRADE 12: Kris Brown Tim Watkins Cassy Sanford Motion: Richarme Second: Farrier Ayes: Richarme, Farrier, Franks, Wambsganss, Apple, Evans, Fickes Nays: None Approved: 7-0 vote Regular City Council Meeting Minutes November 15, 1994 page twenty-one Aeenda Item ~9-E.Resolution No. 94-59. Aooointment of Vice-Chair for Board of Adiustments. Resolution No. 94-59, was approved naming Bill Towler as Vice-Chairman for Board of Adjustments. Motion: Farrier Second: Apple Ayes: Farrier, Apple, Evans, Wambsganss, Franks, Richarme, Fickes Nays: None Approved: 7-0 vote Aeenda Item//12. Adiournment The meeting was adjourned by Mayo~  ~'~Mayor ~ Fici~ -- City Secretary City of Southlake, Texas w. CITY COUNCIL MEETING SIGN UP IF YOU WISH TO SPEAK DURING THE MEETING DATE: //1 NAME ADDRESS TELEPHONE AGENDA ITEM 1 35 — r c ov r Li 9) - a 6t1,C,Ak . 732 /. 121, ! ' � o ie Goy 1 L L o`I\i ./ /0/ A 5 cof I - 138 LAAjb k,rchas5J C � 2 .rJ ?QL l�� � , -)?c �a � �( �y ��� �8c.vitl � � r o�S2� io a CA /4 PC 4h C' >< l tgH59k �c� ►t!✓( RA ,-dhasce A yet_ , 1 e. Yl « /6„24 A` . 7o „ , Stt, a r-c- k/ a c 6§ /41504. 1./ a_ZE ehe rir AWL- 611/'1 C(K [CC( C uVt(t4 C(rC/& .._ ` tee 2e6 L 4uto{ / f c 7 7 ;4 (07 (ku , r('rf ( fb( J Lct fl4.1, /ctia ecS *Fr w �- PfrA, c ` / SC.6 - 7 / , W,ird 4 /" - . .j •�► b • t �9 ,C7D' _ /4 7 cl/°Wc f cc.rv1S Uzi- 009 LA) i PLA,,a los c .. �� %I% � L / gr 7C . ! fJ 7 /G &gig P't, I ( C.JA ,.( " kt leAks • • City of Southlake, Texas AGENDA ITEM # 6 - MEMORANDUM November 10, 1994 TO: Honorable Gary Fickes, Mayor and Members of City Council of the City of Southlake, Texas FROM: Charter Review Committee: Brad Bradley, Chairman William A. Towler, Vice Chairman Ralph Evans Carolyn Hobbs Ernest Johnson e,s,n Robin Jones Karen Reynolds Bethann Scratchard Betty Springer SUBJECT: Recommended Charter Revisions We respectfully submit the attached recommended revisions to the Home Rule Charter for the City of Southlake as drafted by the Southlake Charter Review Committee. The Committee recommends Saturday, January 21, 1995, as the date on which these recommended revisions be submitted to qualified voters for adoption or rejection. We recommend these revisions to the City Council and urge the adoption of each. It is our belief that the changes will permit our City Government to operate in a more effective and satisfactory manner to the best interest of all citizens. The attached revisions will, if approved by the voters, accomplish the following: • Provide for the continued at -large election of the Mayor and City Council, while requiring the City Council members to have residency in the district to which a place member is assigned. °- • Provide for more appropriate scheduling of meetings and meeting length. • Require the City Council to adopt by ordinance a Code of Ethics and Conduct. • Provide the same general requirements for the Municipal Court Judge as required for the Mayor and City Council, and provide the same elective term. • Provide for the content and procedures for adoption and updating of the City's Master Plan. • Provide for the City Charter to be in conformity with state law. Honorable Mayor and Members of City Council Recommended Charter Revisions .November 10, 1994 Page 2 In addition to the suggested Charter amendments attached hereto, the Committee considered other amendments that ultimately were not brought forward as recommended amendments. For example, the Committee believed it would be appropriate to consider language to limit the length of City Council meetings. However, the members decided that the agendas for City Council meetings could be more appropriately scheduled if the voters approve an amendment to allow ordinances to be considered at any special or regular meeting of the City Council; thus, the need to restrict Council meeting length through a Charter provision will be eliminated if the other amendments are approved by the voters. The Committee instead urges the City Council to take steps to officially limit, by ordinance, the length of City Council meetings. The City Charter in Section 2.09 provides that the City Council shall hold regular meetings "...at a time to be fixed by ordinance...." The Committee requests the City Council to consider a section in the ordinance which provides a prohibition similar to the following: MID The City Council shall not begin consideration for passage of any ordinance after the hour of 11:00 p.m., provided however, that any ordinance on which consideration has been initiated prior to 11:00 p.m. may be finished. Any ordinance on the agenda for a meeting that cannot be considered due to the time restriction, shall be continued to the next scheduled meeting of the City Council. e The Committee recognizes that any action by the City Council regarding time limits of City Council meetings must include consideration of the case flow to and from the Planning and Zoning Commission. A special point must be made concerning the Committee's recommendation for the Code of ""' Ethics and Conduct. The Committee believes it important to charge the City Council with the development of a code to govern all the elected and appointed officials, but left it up to the City Council to determine the actual contents of the ordinance. However, the Committee is forwarding to City Council a draft of an ordinance and recommends a similar ordinance "in its ... substance" be considered by City Council. Members t f e Committee will be present at the City Council meeting Tuesday, November 15, - to answe a questions the City Council may have concerning these recommendations. Resp - lly submitted, S 0 1 A' CHARTER REVIEW COMMITTEE r As` Brad Bradl-w v► William A. Towler Chairman Vice Chairman Honorable Mayor and Members of City Council Recommended Charter Revisions November 10, 1994 Page 3 r ar: Ai ■44-0 Ralph vans Carolyn bbs mest Johnso , Robin ones iG ona \etereitladO Karen Reynolds Bethann Scratchard Betty Springl / 1 MIR U. ORM — � J I y I I AGENDA ITEM #8 —G OM ,y, I> .` I ' 1 � i • is. �. -_ I T I E. l __ I .. ._'" ._.-- - ---- ‘- := .. ..._. 1 UIIIIIt1T1T iffifi Of I iii L• - I I t 1 -- - -sue. _ • . a y P�• . r -f-[ 1 N 1 -, MI ow 1 L nitgl4 it ! i ; I w. I i co 7. O a r S hh j 1 o I 7.7— — (ii FiELP [ . 1 T[►cK r N r i . P ow T w oo i .�. r w C? dr -sL 0 goo a e. o L---1 q n _ L I F – MO __ p - - - 3 % c - - - — - - - - NF r i 2 3 QS CO Z ere ' g r 0 $ _ _ . _ _ PM m $ :: D Ole i - - - D r /,- - --- \ \ - - _ 1 0111M — w w - a111 \ , / m ` I own ' • m n ■ Um i - - -- 4 Q 1. r- y -- 1 0 ew I r V O 1— cc O O © m 6 ow 1c O W o 1..4 .. -- "NORTH •HtTf eHAPEL BLVD - - --'_ am \ ,-1 \ , 1 / \ i 1 I I . N. N • , WO on. AGENDA ITEM #10 —B ow City of Southlake, Texas I MEMORANDUM November 11, 1994 TO: Curtis E. Hawk, City Manager FROM: Bob Whitehead, Director of Public Works rrr SUBJECT: Requested Variance to Sign Ordinance for Wal -Mart 200 North Kimball Avenue Adams Engineering has requested these variances to the Sign Ordinance for the Wal -Mart store •" located at 200 North Kimball Avenue. The total signage request is for two pole signs, one monument sign and wall signage on the front and rear elevations of the building. The request has been modified based upon Council discussion on November 1, 1994. The following variances have been requested. (Note: original request in [brackets]) 1. Section 15 -A - This section limits wall signage to 100 square feet of area and 24 -inch letter height. • Front elevation - Request is for 490.62 square feet. [368 square feet] with 30 -inch and 60 -inch [36 -inch] letters. (Note: Wal -Mart intended to have 60 -inch letters for ` the "Wal -Mart" sign. On their application, it stated 5' - 0" overall height; however, on the detail drawings they showed 36 -inch letters.) The request states that "the front of the building sets off the right -of -way (R.O.W.) approximately 525'(ft). The face of the building is 28'(ft) tall by 437'(ft) long. The massive building front and the distance off the road dictates this size (signs) to maintain a proportional appearance." An architectural drawing to scale is attached to show the signage. • Rear elevation - Section 15 -A allows "one attached sign per street frontage," as applicant is requesting attached signage on rear elevation facing west which does not have any street frontage. Applicant requests that the letters be a maximum of 30 inches, and the logo (Quaker State) be 5 -feet, 8 -3/4 inches both exceeding the NW ordinances maximum letters /logo height of 24 inches. They are also requesting that total signage area be 121.36 square feet exceeding the maximum of 100 square feet ,•„ • North side elevation - The applicant is requesting no attached signage on the north or south side elevation. •.. 2. Section 15 -B - This section limits monument signs to 50 square feet in area and 6 feet in height. The request sign is 80 square feet in area and 7 feet, 5 inches in overall height. The request states "a monument sign adhering to the sign ordinance would be disproportionately small." They further state they are asking for this sign in lieu of the /0 ,-1 ,.M • Curtis E. Hawk, City Manager Sign Variance for Wal -Mart November 11, 1994 Page 2. ar 100 square feet, 20 -foot high pole sign that the sign ordinance presently allows on Southlake Blvd. nor 3. Section 15 - - This section limits pole signs to 100 square feet in area and 20 feet in height. The request is for a pole sign at the northeast comer of the site to be 20 feet [30 feet] in height on a brick pedestal and 110 square feet in area. The applicant's reason for the variance is "The location of the site is over a mile away form the established retail area of the market. Therefore, significant signage is critical to the success of the r project. " '" Council will note the location of this sign is in the future R.O.W for S.H. 114. A +� condition for any sign in this location could be that upon the acquisition of the R.O.W that the sign be removed and cannot be replaced, or replaced with an appropriate sign meeting the requirements of the Sign Ordinance in effect at that date. lrr The second pole sign, located just north of the building at the north entrance, does meet the current sign ordinance and will have a brick pedestal. Public Works staff would suggest that: 1. An increase in the store front signage, from 100 square feet to some figure (490.62 square feet is requested) may be appropriate because of the distance the building is from the streets and the size of the building; 2. The monument sign on Southlake Blvd. is in keeping with the proposed sign ordinance. The size Council decides upon will set a precedent for like commercial along Southlake rr Blvd.; 3. The pole sign on S.H. 114 at N. Kimball is larger by 10% than the allowable of 100 we square feet, otherwise, it meets the height requirements and will have a brick pedestal; 4. The attached signage on the rear elevation is not allowed in the sign ordinance because there is no street frontage and will not be seen from the S.H. 114 because of the trees on the adjacent field. "Ver , BW /sm Attachments wpfiles \memos \walmart miko /O — DECEIVED aft November 13, 1994 NOV 1 4 1994 *- CITY SECRETAFIP gib aft Mayor Gary Fickes ow City of Southlake 667 North Carroll Ave. Southlake, Texas 76092 Dear Mayor Fickes: IMF It is with deep regret that I submit my resignation as a member of the Zoning Board of Adjustment. My current employer, oft Vought Aircraft Company was recently acquired by Northrop Grumman Corporation. My function is being transferred to the Los Angles or Area and I have accepted an offer to transfer also. Sue and I have thoroughly enjoyed our 17 year stay in Southlake. We appreciate the time and effort that you and the large number of persons who have served on the Council and other City Boards have expended in making Southlake a city of which we v , are all proud. • — We expect to be returning in about six years. Look forward to seeing all of you then. Sincerely, : L : yd Eubanks a