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1994-12-06CITY OF SOUTHLAKE, TEXAS 667 NORTH CARROLL AVENUE REGULAR CITY COUNCIL MEETING DECEMBER 6, 1994 COUNCILMEMBERS PRESENT: Mayor Gary Fickes; Mayor Pro Tem 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; Kevin Hugman, Assistant to the 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; Wayne Olson, City Attemey; Analeslie Muncy, 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 551.071,511.072, 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 7:00 p.m. Council returned to open session at 8:00 p.m. Agenda Item g2-B. Action Necessary/Executive Session No action was necessary as the result of the executive session. Regular City Council Meeting Minutes December 6, 1994 page two Agenda Item #3. Minutes of the October 25 and November 15. 1994 Council meetings. Motion was made to approve the Minutes of the Special City Council meeting held on October 25, 1994. Motion: Richarme Second: Wambsganss Ayes: Richarme, Wambsganss, Apple, Evans, Franks, Farrier, Fickes Nays: None Approved: 7-0 vote Motion was made to approve the Minutes of the Regular City Council meeting held on November 15, 1994. Motion: Richarme Second: Wambsganss Ayes: Richarme, Wambsganss, Apple, Evans, Franks, Farrier, Fickes Nays: None Approved: 7-0 vote Agenda Item #4-A. Mav0r's Renor~ Mayor Fickes reported on a tragic accident which occurred on State Highway 114 on Thursday, December 1, 1994, where the driver and a child are in serious condition. A fund has been set up for the family at the Keller State Bank, if anyone would like to contribute to the fund. Mayor Fickes also noted that the City Council will have a Joint meeting with the Carroll School Board Trustees on December 12, at 5:00 p.m., in the School Administration Building. A Special City Council meeting is scheduled for December 13, 1994 beginning at 4:00 p.m., in the Council Chambers of City Hall, and on December 8, 1994, the City Council will be participating in the Grapevine Christmas Parade and will be riding on a fire truck. Agenda Item #4-B. City Manager's Renort No report made by the City Manager. Agenda Item #4-C. SPIN Renort Ron Maness, SPIN #11 Representative gave a report. Maness stated some of the projects being worked on by SPIN representatives include: Trail Master Plan; Directory of City Services; Brash and Limb Chipping Program; On line information system; All American City Program; Voter Registration Drive; and Code of Conduct for SPIN operation. He referenced the all day SPIN Retreat and noted it was a success, and stated they are working on a public forum for citizens with SPIN Representatives and City Staff present to answer questions. Regular City Council Meeting Minutes December 6, 1994 page three Agenda Item #4-C. Continued Mr. Maness stated he feels the SPIN Program is a positive move for the City, the leadership is outstanding, and this is a giant step in making the city the kind of place to be. Maness noted he will post the list of SPIN meetings and urged the citizens to participate. Agenda Item #5. Consent Agenda Items. The consent agenda consisted of the following items: IO-A. Authorizing the Mayor to execute an Interlocal Agreement for Canine Services between the City of Southlake and Carroll Independent School District. Authorizing the Mayor to execute an engineering contract with Dunaway and Associates for design of Randol Mill Road between F.M. 1709 and Kingswood. Permission to advertise for bid for a Sewer Hydro Cleaning Machine for the Public Works Department. Permission to advertise for bid for a Portable Compressor and Pneumatic Hammer for the Public Works Department. Permission to advertise for bid for a Brash and Tree Chipper for the Public Works Department. Permission to advertise for bid for an Asphalt Crack Sealer for the Public Works Department. Change Order #1 on Park Drainage Project. It was noted Councilmember W. Ralph Evans did not vote on Item #10-A of the consent agenda. Motion was made to approve the consent agenda as presented, adding item #10-A. Motion: Franks Second: Apple Ayes: Franks, Apple, Evans, Wambsganss, Farrier, Richarme, Fickes Nays: None Approved: 7-0 vote Regular City Council Meeting Minutes December 6, 1994 page four ADDITIONAL INFORMATION ON CONSENT ITEMS Interlocal Agreement for Canine Services. The agreement provides for services of the canine officer whereas the C.I.S.D. desires to be pro-active in education of the students and prevention of any illicit activities on their campus and desires the opportunity for the use of the police canine in this process. The canine would be utilized for the detection of illegal drugs and drug paraphernalia, searching for lost children and adults, and any other services that the City or District may desire. Contract for Engineering Services between the City and Dunaway Associates, Inc., for the design of the rehabilitation of Randol Mill Road. The proposed fee is $23,395 for all engineering and surveying services. The estimated cost of the project would be $278,125. Based upon this amount, the engineering and surveying costs would be 8.4%. The budgeted amount for the County to perform the work is $103,100. Along with funds available from Myers Meadows pro-rata, there appears to be sufficient funds to complete this project, if done by the County. Bid for Sewer Hydro Cleaning Machine. The City Manager is authorized to advertise and receive bids for one (1) trailer-mounted hydraulic sewer cleaning machine which was approved in the FY 94-95 Operating Budget for the Wastewater Utilities Division at an estimated cost of $35,000. Bid for Portable Compressor and Pneumatic Hammer. The City Manager is authorized to advertise for bid for one (1) air compressor and one (1) ninety pound pneumatic hammer. The equipment was approved in FY 94-95 Operating Budget for the Water Utilities at an estimated cost of $20,000. Bid for Brush and Tree Chipper. The City Manager is authorized to advertise for bids for one (1) brush/tree chipper. The chipper was approved in FY 94~95 Operating Budget for the Streets Division at an estimated cost of $17,000. Bid for Asphalt Crack Sealer. The City Manager is authorized to advertise for bids for an asphalt crack sealer. The crack sealer was approved in FY 94-95 Operating Budget for the Streets Division at an estimated cost of $20,000. IO-A. Change Order #1 for Bicentennial Park Drainage. During the November 15 City Council meeting, it was asked if this change order included a cost reduction for excavation work bid on the section of the channel which the depth is now decreased from 4 foot to 3 foot at the park project. When JT Dunkin was negotiating the change order with the contractor, they discovered a discrepancy on the plans for the drainage channel. The total cost of the change order includes only the additional pipe needed to make the outfall on the City's section of the channel. Regular City Council Meeting Minutes December 6, 1994 page five Agenda Item//6. Public Forum Victor Boswell, West Beach Addition. Mr. Boswell stated he hopes the City will not deem it necessary to buy his property. Boswell gave a break-down of the costs of improvements made to his property. Dennis McGrath, 2403 North Carroll Avenue, Southlake. Mr. McGrath stated his comments are related to agenda item #7-B, Calling Charter Election for January 21, 1995. Mr. McGrath commented on the reasons for formulating the Charter Review Committee, stating he comes by City Hall and regularly checks the posted agendas to see if he wants to attend meetings. He stated on the notices regarding the charter committee, no where did the term "districting~ appear on any notice. He alleged the public was not wanted at the meetings. McGrath stated he feels three (3) meetings are not enough time to discuss such an important issue. He stated he wants the best candidates to mn for election, not where they live. McGrath stated he feels this plan is a forerunner to single member districts, which everyone says they do not want. Gary Hargett, 1125 South White Chapel Blvd. Southlake. Reported that on Friday, December 2, 1994, at approximately 11:133 a.m. the Fire Department was contacted about trash fire in Adams Addition. Firemen arrived, fire was put out and as soon as the firemen left, the fire was restarted. The Department was called a second time about 12:30 p.m. with no response. A follow-up report was made and he was transferred to someone in the fire department who informed him the fire department would not come out a second time because the State law permitted a construction hand warming/cooking fire which this was not. The temperature was 52 degrees and after lunch. The trash burning continued the remainder of the day. Saturday he sat there and looked at the burning and got mad enough that he went to the fire department. He spoke to a fireman there, who was very nice and told them what his problem was with the fire across the fence from his property. They contacted Mr. Stewart who promptly dispatched the fire unit to the scene. There has not been any more trash burning down there since them. They do not need any more burning as the wind blows and the fire could spread rapidly throughout the area. There are all new homes in that area and on his pasture. This burning is not only a violation to the tree ordinance but is putting a large value of homes and his property at risk. Aeenda Item gT-C. Ordinance No. 627. 2nd rcadine. Authorizing the Issuance of Certificates of Oblieation. Series. 1994. Ordinance No. 627, 2nd reading, is an ordinance authorizing the issuance of "City of Southlake, Texas, Tax and Waterworks and Sewer System (Limited Pledge) Revenue Certificates of Obligation, Series, 1994". Regular City Council Meeting Minutes December 6, 1994 page six Agenda Item #7-C. Continued LouAnn Heath, Director of Finance, commented the city is proposing issuance of $4.35 million certificates of obligation. The uses of the funds are 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; and 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. Jim Sabonis, First Southwest Company, was present for the meeting and stated, at their office sealed bids were opened at 3:00 p.m. today. Low bidder was Payne Webber, Inc. with an effective interest rate of 6.363818. Bids included: Account Manager Effective Interest Rate Paine Webber, Inc. Southwest Securities, Inc. Prudential-Securities, Inc. Griffin, Kubik, Stephens & Thompson, Inc. Dean Witter Reynolds, Inc. Raymond James & Associates Nations Bane Capital Markets, Inc. 6.363818% 6.37881% 6.40995 % 6.43343772% 6.46066% 6.4630% 6.546740% Mr. Sabonis stated in New York, presentations were made to Moody's, Standard & Poor's and AMBAC, a bond insurer. All were impressed with our financial position and we received some very favorable comments. We learned this afternoon that S&P upgraded our rating from "A-" to "A". Alexander Fraser, the Associate Director of S&P's Municipal Finance Department, called and was very complimentary of the City's financial management, commenting that the City's discretionary controls are all focused in the right direction. Moody's affirmed the "A" rating. The public hearing resulted with no comments from the audience. Motion was made to approve Ordinance No. 627, 2nd reading. Motion: Apple Second: Richarme Mayor Fickes read the caption of the ordinance. Ayes: Apple, Richarme, Evans, Wambsganss, Franks, Farrier, Fickes Nays: None Approved: 7-0 vote Richarme noted the $4.5 million dollars excludes the $2 million dollars originally in the bond amount for land purchase. Regular City Council Meeting Minutes December 6, 1994 page seven Agenda Item # 7-A. Ordinance No. 480-153. 2nd readine (ZA 94-118) Ordinance No. 480-153, 2nd 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. 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. Public Heating. Karen Gandy, Zoning Administrator, commented that nine (9) notices have been sent to property owners within the 200' notification area and three written responses have been received, from: Douglas Beavers, in favor; Karen Kay Hawkins, opposed; and E.I. Wiesman, undecided. One written response outside the 200' notification area was received from June Haney, undecided; She commented, 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, buffer need to be on all sides and the sign should be as low as possible and with low illumination. Allen Nelson, architect with the church, was present to answer questions of Council. Councilmember Farrier thanked the applicants for the attention given to Council concerns. Councilmember Richarme referenced comments made by Mrs. Haney concerning the lighting. The public hearing resulted with no comments from the audience. Motion was made to approve Ordinance No. 480-153, 2nd reading, subject to the fourth Plan Review Summary dated December 2, 1994, deleting item #1. 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 Aeenda Item #7-B. Ordinance No. 626. 2nd readine. Calline Special Election Ordinance No. 626, 2nd reading, calling a Special Election to be held on January 21, 1995, for the purpose of amending the Home Rule Charter was discussed. Regular City Council Meeting Minutes December 6, 1994 page eight Aeenda Item g7-B. Continued Mayor Fickes noted on Thursday evening, December 1, the Council met with the Charter Review Committee for the purpose of discussing the Proposed Charter Amendments. Most issues pertained to the three districts. There would be three districts within the city with two councilmembers from each district, with the Mayor being at large. Everybody would vote on all Councilmember seats. Current councilmembers should not be hampered with the residency requirement. Mayor Fickes noted, back in October, the Council appointed a committee to look at the charter. They looked at the charter and came back with several recommendations. Public Hearing: Ron Maness stated he is speaking as a citizen, and not a SPIN representative. The work done by the committee is outstanding. The idea of residency requirements is good but we need to study the idea as a group, as it is premature and will only confuse the community. Get the idea and information out to the citizens, as there is not enough time to be sure what the issues are. He recommends to Council that the distracting proposal be removed from the ballot in the January 21, 1995 election. Public hearing closed. Councilmember Richarme stated he feels it is important to consider each of the ten (10) propositions on the proposed ballot separately. He stated he thinks it is the responsibility of the Council to bring forward the best possible solution to the voters. That is what has been done in the past; Council has altered recommendations from other boards to make sure Council has the best possible solution. He stated, there are some propositions on the proposed ballot that he has a good feeling about and some that he is not so sure of. Motion was made to consider each proposition separately. Motion: Richarme Second: Farrier Ayes: Richarme, Farrier Nays: Wambsganss, Apple, Evans, Franks, Fickes Denied: 2-5 vote Regular City Council Meeting Minutes December 6, 1994 page nine Agenda Item/fT-B. Continued Motion was made to consider Proposition #1 separately from remaining nine (9) items. Motion: Richarme Second: Farrier Ayes: Richarme, Wambsganss, Farrier, Fickes Nays: Apple, Evans, Franks Approved: 4-3 vote Motion was made to adopt Ordinance No. 626, Proposition #1. Motion: Wambsganss Second: Evans Ayes: Apple, Evans, Franks, Wambsganss, Fickes Nays: Richarme, Farrier Approved: 5-2 vote Motion was made to approve Ordinance No. 626, Propositions #,2,3,4,5,6,7,8,9,10. Motion: Apple Second: Wambsganss Mayor Fickes read the caption of the ordinance. Ayes: Apple, Wambsganss, Evans, Franks, Farrier, Richarme, Fickes Nays: None Approved: 7-0 vote Agenda Item #8-A, Ordinance No. 480-156. 1st readiw, (ZA 94-1253 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, I.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 Zoning Administrator, Karen Gandy, noted nine (9) notices were sent to property owners within the 200' notification area and one written response has been received from E.I. Wiesman, undecided. One written response received from June Haney, also undecided Roger Blake, project architect for the church was present to answer questions for Council. June Haney, 400 Brock, SPIN #15 Representative. Ms. Haney stated her property is not within the 200' notification area but citizens who live nearby are concerned with the lights. This property is at the highest point. She asked if the lights will be on timers. Regular City Council Meeting Minutes December 6, 1994 page ten A~enda item #8-A, Continued Roger Blake, stated, they will put the lights on timers. They will try and keep the lights low enough for the people to get from the building to their cars. They will be "wall-pack" type lights. Councilmember Farrier stated the lights need to be in the parking lot with the lights down. John Logen, 221 Eastwood Drive, Southlake. Mr. Logen stated the metal building on the property is being used for storage and they would like to keep it. The Planning and Zoning Commission asked them to remove the building. The building is being used for a food bank. Motion was made to approve Ordinance No. 480-156, 1st reading, subject to the third Plan Review Summary dated December 2, 1994, subject to the applicant getting with City staff and develop an acceptable lighting plan, deleting #1 in the letter. 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 Aoenda Item #8-B. ZA 94-126. Plat Revision of Lot 3R. J.G. Allen No. 18 Addition. ZA 94-126, Plat Revision of Lot 3R, J.G. 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 I.G. Allen Survey, Abstract No. 18, being all of Tract 5C2 and 5C3. Current zoning is "AG" Agricultural and "CS" Community Service District, with a requested zoning of "CS" Community Service District. Owner/Applicant: Southlake Church of Christ. SPIN Neighborhood #15. Karen Gandy, Zoning Administrator, noted the same nine (9) notices were sent to property owners within the 200' notification area and no written responses have been received. Motion was made to approve ZA 94-126, Plat Revisions for Southlake Church of Christ, subject to the third of November 11, 1994. Motion: Franks Second: Evans Ayes: Franks, Evans, Wambsganss, Farrier, Richarme, Apple, Fickes Nays: None Approved: 7-0 vote Regular City Council Meeting Minutes December 6, 1994 page eleven Agenda Item #8-C. Resolution No. 94-54 (ZA 94-132L SPecific Use Permit 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 District. Owners/Applicants: Edward A. and Reba J. Ponder and Ron Krebs. SPIN Neighborhood #14. Public Hearing. The Zoning Administrator, Karen Gandy, noted 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. Mrs. Gandy stated this item was denied by the Planning and Zoning Commission on November 3, 1994, therefore, approval of the item by the City Council will require a super-majority vote. Ron Krebs, Applicant, stated they have attempted to address the concerns expressed by the City Council during the last meeting. They moved the lighting along the north property line to shine to the south and not effect the residences. They lowered the nets to 35' at the request of Council. Councilmember Richarme noted the property owner to the north is planning to put homes on his property. Mr. Krebs stated homes are built next to golf courses all the time. Mayor Fickes commented if the golf range is compatible with the homes to be built. If this will be a negative, the City will lose tax funds. Mr. Krebs stated a landscaped property will be an asset to the new homes being built. Public Hearing: Carolyn Hobbs, Chimney Hill, SPIN #14 Representative. Ms. Hobbs stated the 35' netting would be high enough to be seen from existing homes. Lighting is a concern. She expressed concern with the control of the operation being in City of Keller. She stated they don't need any more lights in that area of town. This operation was not on drawing board when Chimney Hills residents bought their homes. She commented on the children at school, and the airing balls. This is not an operation to be near an elementary school. It is an attractive nuisance. She asked Council to follow the Planning and Zoning Commissions vote. Regular City Council Meeting Minutes December 6, 1994 page twelve Aeenda Item #8-C. Continued Helen Eve Leitman, Nelson Corporation. Ms. Leitman spoke on behalf of the Country Walk site, noting the development will begin in January. They have concerns that the greens are so close to their property, with at least nine (9) lots being directly effected. Even if the nets are maintained, they are unsightly. She referenced noise related to the golf course; wayward balls is also a concern. June Haney- passed Motion was made to deny Resolution No. 94-54, Specific Use Permit for Golf Driving Range. Motion: Franks Second: Apple Ayes: Franks, Apple, Evans, Wambsganss, Farrier, Richarme, Fickes Nays: None Denied: 7-0 vote Council adjourned for recess at 9:50 p.m. Council returned to open session at 10:00 p.m. Agenda Item #8-D. ZA 94-134. Conceot Plan for Naoa Valley Estates ZA 94-134, Concept Plan for Napa Valley Estates, being 20.053 acres situated in the J.W. Hale Survey, Abstract No. 803, Tract 1, and the John A. Freeman Survey, Abstract No. 529, Tract 5. Current zoning is "SF-20A" Single-Family Residential District. Owner: Theron A. Ragan. Applicant: Allegheny Land Company. SPIN Neighborhood #8. The Zoning Administrator, Karen Gandy, stated fifteen (15) notices were sent to the property owners within the 200' notification area and eight written responses have been received, from the following: Marvin Kercho/Howard Kochwelp, opposed; Sylvia Smith, in favor; Emalyn Mobley, in favor; William E. Minor, in favor; Norman Brown, in favor; Mr. and Mrs. C.W. Hood, in favor; Donna Halley, in favor; Billie Farrar, in favor. Twelve written responses from outside the 200' notification area were received, including: Dorothy Rockenbaugh, in favor; Karen Clayton, in favor; Candance Hall, in favor; Sally Hall, in favor; M.R. and Maree Gordon, in favor; Robert Meyer, in favor; James Brooks, in favor; Edna Beech, in favor; G. Lee and Dianna Foster, in favor; Janice Miller, in favor; and Cathy Turner, in favor. Theron A. Ragan, in favor; Pamela Muller, SPIN #8, in favor. SPIN #8 would like to see access to City right-of-way to former proposed water tower left available into Lot 9 so Napa Valley and Woodland Heights could be connected to the future trails map master plan. Regular City Council Meeting Minutes December 6, 1994 page thirteen Aeenda Item #8-D. Continued Greg Last, Director of Community Development addressed the road alignment issue, stating, there are as many options with the road alignment as Council would like to pursue. The Thoroughfare Plan was addressed, as it shows a connection from the north end of Carlisle. What is required is a 70' right-of-way for a four lane arterial connection. The main thing is to connect Carlisle to the existing Carroll Avenue. Anyway it gets there would meet the intent of the Thoroughfare Plan. Arthur Clayton, 3149 Lake Drive, Southlake. He is here on behalf of Theron Regan. They met with all the property owners in the area to discuss the concept plan for Napa Valley. The Regan tree farm will leave behind some 250-300 trees that will be replanted in the area where there are not many trees. The applicant stated he would prefer to not give an easement. Motion was made to approve ZA 94-134, subject to the second Plan Review Summary dated December 2, 1994, deleting item #5. Motion: Richarme Second: Evans Ayes: Richarme, Evans, Apple, Wambsganss, Farrier, Franks, Fickes Nays: None Approved: 7-0 vote Aeenda Item #8-E. ZA 94-135. Preliminary Plat for Nana Valley Estates. ZA 94-135, Preliminary Plat for Napa Valley Estates, being 20.053 acres situated in the J.W. Hale Survey, Abstract No. 803, Tract 1, and the John A. Freeman Survey, Abstract No. 529, Tract 5. Current zoning is "SF-20A" Single-Family Residential District. Owner: Theron A. Ragan. Applicant: Phillip B. Scott. SPIN Neighborhood #8. Karen Gandy, Zoning Administrator, noted the same fifteen (15) notices were sent to property owners within the 200' notification area and seven (7) responses were received from within the 200' notification area, including: Emalyn Mobley, in favor; William Minor, in favor; Norman Brown, in favor; Mr. and Mrs. C.W. Hood, in favor; Donna Halley, in favor; Billie Farrar, in favor, Clifford Hood, in favor; Karen Clayton, in favor; Candace Hall, in favor; Sally Hall, in favor; M.R. and Marce Gordon, in favor; Robert Meyer, in favor; James Brooks, in favor; Edna Beech, in favor; Lee and Dianna Foster, in favor; Janico Miller, in favor; Cathy Turner, in favor. Theron Ragan, in favor and Pamela Muller, SPIN Neighborhood #8 Representative, in favor; adding, she would like to see access to City right-of-way to former proposed water tower left available into Lot 9 so Napa Valley and Woodland Heights Estates could be connected to the future trails map master plan. Regular City Council Meeting Minutes December 6, 1994 page fourteen Aeenda Item #8-E. Continued Motion was made to approve ZA 94-135, Preliminary Plat for Napa Valley, subject to the second Plat Review Summary dated December 2, 1994, deleting item//6. Motion: Franks Second: Evans Ayes: Franks, Evans, Apple, Wambsganss, Farrier, Richarme, Fickes Nays: None Approved: 7-0 vote Agenda Item #8-F. ZA 94-136. Preliminary Plat for Coventry. ZA 94-136, Preliminary Plat for Coventry, being 103.577 acres situated in the T.M. Hood Survey, Abstract No. 706, being Tracts 1 & lC, lA, 3A, 3C, llB, and Lots 1 & 2 Bradley Addition. Current zoning is "R-P-IJ-D" Residential Planned Unit Development. Owners: Helen Taylor and Harry J. Bradley. Applicant: PIMA Properties, Inc. SPIN Neighborhood #11. Karen Gandy, Zoning Administrator, noted thirty-four (34) notices were sent to property owners within the 200' notification area and seven written responses have been received within the 200' area, including: Everett Allen, opposed; Ellen McCully, opposed, Glen Burgess, opposed; Sharon Welch, opposed; Lorn Bolton, opposed; Michael Howard, opposed and Benjamin and Mary Goodman, opposed. Mayor Fickes asked if at this point, the developer submitted a drainage study. Greg Last, Director of Community Development, commented at this point, staff does get a preliminary drainage study, which has been reviewed by Ron Harper, City Engineer. John Levitt, Levitt Engineers, commented they did a preliminary study of drainage and plan to increase to two detention ponds. No final plans have been done, and there are no problems or questions regarding the staff review letter. Levitt noted they are proceeding with off-site sewer, contacting the property owners and are moving ahead. Regular City Council Meeting Minutes December 6, 1994 page fifteen Agenda Item #8-F. Continued Richard Crowe, 1502 Plantation Drive, Southlake. Mr. Crowe stated when this zoning was approved, a number of items were read into the record. As of today, PIMA has delivered no information to them. He spoke with John Levitt and there is no final drainage. PIMA deleted two lots thus adding into the middle of the project, making the center lots smaller. Crowe stated he does not feel it is appropriate to approve this preliminary plat tonight. His area is interested in having a working relationship with the City and the developer. Mayor Fickes noted, when this issue was discussed at the zoning level, it was determined that the issued discussed earlier would be discussed at the level of submittal of the Developer Agreement. This preliminary plat is a step to get to where Mr. Crowe is wanting input. Mr. Crowe stated his concern is in order for the City and developer to get to the next step, he believes from what his engineers have reviewed so far, that there is going to be a need for additional retention ponds and additional retentions are necessary. The lot sizes will have to be changed or there may be less lots. He is not sure that this plat accurately reflects what can be put on that property, vis-a-vis the drainage. Councilmember Apple commented that if this were true, that the developer would have to bring the plat back for revisions. Apple stated he feel three or four lots would be significant. A discussion was held regarding what is considered significant. Motion was made to approve ZA 94-136, Preliminary Plat of Coventry, subject to the second Plat Review Summary dated December 2, 1994. Motion: Apple Second: Evans Ayes: Apple, Evans, Wambsgnass, Franks, Farrier, Richarme, Fickes Nays: None Approved: 7-0 vote Mayor Fickes stated Council and staff made a commitment that they would provide the final plans to the area property owners for review. Aeenda Item #8-G.ZA 94-137. Site Plan for Southlake Medical Clinic. ZA 94-137, Site Plan for Southlake Medical Clinic, being 1.2830 acres situated in the John Bailey Survey, Abstract No. 97, and being the proposed Lot 1, Block I0, Stone Lakes Phase V Addition. Current zoning is "R-P-U-D" Residential Planned Unit Development. Owner: Regular City Council Meeting Minutes December 6, 1994 page sixteen A~enda Item #8-G. Continued Baylor Heathcare System; Applicant: William Cook. SPIN Neighborhood #13. Karen Gandy, Zoning Administrator, commented that nine (9) notices were sent to property owners within the 200' notification area and two written responses have been reeeived, including: Southlake Properties, J.V., Phil Jobe, in favor; and M. Darrell Wayland, in favor. One written response has been received from outside the 200' area from Camille Rasdal, SPIN Neighborhood #13, opposed, stating this is not an appropriate location and would be more appropriate located across from Carroll High School; and the lot does not appear to be large enough to accommodate parking. Mark Hood, Executive Director for Baylor Medical Center, Grapevine was present to answer questions of Council. Tina Larson, architect, representative of Baylor. Ms. Larson stated they have a 20' bufferyard along F.M. 1709 and seeks approval of the landscape plan as submitted. Councilmember Wambsganss stated Council would like to see shrubs around the front and sides of the building. Greg Last, Director of Community Development, stated he does not think they intended to get around the intent of the ordinance. He stated he feels they made a fair interpretation of the ordinance, and if the city allows them to relocate some of the shrubs that are on the inside of the fence to the rear, to the front bufferyard, it would meet everyone's concern. Rex Potter, 303 Waterford Court, Southlake. Mr. Potter stated he is president of the Stone Lakes Homeowners Association, and commented regarding the fence. They have been talking to Mark Hood and the developer and have access to the landscape package, and have requested them to put a masonry wall similar to what they have in the development so that it would blend in as well as some of the rod-iron fence. They are concerned about maintenance of the fence. They want the developer to take down the rod-iron fence and put up a masonry fence. The are concerned with moving the trees, as they will block the view. They want landscaping on back of the building; they didn't realize it did not meet the ordinance. Regular City Council Meeting Minutes December 6, 1994 page seventeen Agenda Item #8-G. Continued Motion was made to approve ZA 94-137, Site Plan for Southlake Medical Clinic, subject to staff Review Letter g2, dated December 2, 1994, with the following modifications to the letter: placing a 5' rod-iron fence on the west boarder of the property; a 6' masonry fence on the south boarder; requiting a common access easement on the northeast comer; and requesting that the applicant work with Mr. Last in preparing a modification to the landscape plan as discussed this evening. Motion: Richarme Second: Wambsganss Ayes: Richarme, Wambsganss, Evans, Apple, Franks, Farrier, Fickes Nays: None Approved: 7-0 vote Agenda Item #8-H. Ordinance No. 480-159. 1st readine CZA 94-141l. Ordinance No. 480-159, 1st reading (ZA 94-141), Rezoning request for 6.192 acres situated in the J.W. Chivers Survey, Abstract No. 350, Tract 1C1S. Current zoning is "AG" Agricultural, with a requested zoning of "SF-1A" Single-Family Residential District. Owner: Guaranty Federal Bank, F.S.B.; Applicant: Tom Miller. SPIN Neighborhood #3. The Zoning Administrator, Karen Gandy, stated eleven (11) notices were sent to property owners within the 200' notification area and do date, two written responses have been received, including: Gaylon Bailey, undecided; and Robert McPherson, in favor. Ms. Gandy stated this property does fall within the 65 Ldn Airport Overlay Zone and the owner will be required to sign the Avigation Easement agreed upon by the City of Southlake and D/FW Airport. This document will be filed by separate instrument in Tan-ant County Deed Records. Motion was made to approve Ordinance No. 480-159, 1st reading. Motion: Wambsganss Second: Richarme Mayor Fickes read the caption of the ordinance. Ayes: Wambsganss, Richarme, Farrier, Franks, Evans, Fickes Nays: None Approved: 6-0 vote Councilmember Apple was out of the room and did not vote for this item. Regular City Council Meeting Minutes December 6, 1994 page eighteen Agenda Item #8-I. ZA 94-142. Preliminary Plat for Oakwood Pond ZA 94-142, Preliminary Plat for Oakwood Pond, being 6.192 acres situated in the J.W. Chivers Survey, Abstract No. 350, Tract 1CiS. Current zoning is "AG" Agricultural with a requested zoning of "SF-1A" Single-Family Residential District. Owner: Guaranty Federal Bank. F.S.B.; Applicant: Tom Miller. SPIN Neighborhood #3. The Zoning Administrator, Karen Gandy, stated eleven (11) notices were sent to property owners within the 200' notification area and one written response has been received from Gaylon Bailey, undecided. Tom Miller, applicant, 5604 Oak Top Drive, Colleyville. Mr. Miller was present and stated he walked the property and by reducing the number of lots from five to four, it will meet the City ordinance better. They will make better pad sites. He expressed he has no problem with the staff comments. Miller stated they have not done percolation tests at this time. He asked Council if they choose, can they move storm drainage underneath in a pipe as opposed to a ditch on top, if they so desire. Motion was made to approve the Preliminary Plat for Oakwood Pond, subject to the second Plat Review Summery dated December 2, 1994, and revised the revised plat submitted tonight. Motion: Franks Second: Farrier Ayes: Franks, Farrier, Richarme, Wambsganss, Apple, Evans, Fickes Nays: None Approved: 7-0 vote A~,enda Item #10-B. Variance on Driveways in SouthRid~,e Lakes Addition. Greg Last led the discussion regarding the variance on driveways in SouthRidge Lakes Additions, stating due to accumulative oversights on the part of Arvida Development, t he builder, and city staff, a situation has been identified that requires direction from City Council. In summary, the issue is that residentiai driveways (2), for Lot 136, Block 1, SouthRidge Lakes Phase VII, 1114 Travis Court, have been permitted and constructed directly accessing SouthRidge Lakes Parkway in violation of the note on the plat prohibiting such drives. Wayne Olson, City Attorney, explained there are two issues here: 1) whether or not that permit should have been issued and whether or not the city will give permission to authorize use of those driveways. However, even granting the variance tonight, there is a second issue; 2) the plat has been recorded with a restriction on it that provides there will be no access onto SouthRidge Lakes Parkway. In order to remove that restriction on the plat, the plat itself must be revised. In order to do that, the plat of Phase VII must be vacated and a revised Regular City Council Meeting Minutes December 6, 1994 page nineteen Aeenda Item #10-B. Continued plat must be filed, removing that restriction. What Council is doing tonight is giving permission from the city to authorize access onto SouthRidge Parkway. This does not accomplish the ultimate issue here, that is to remove the restriction from the plat. Tonight the property is seeking permission from Council to access onto SouthRidge Parkway. We cannot vacate the plat tonight. Jeff Gaskins, representative of Arvida. Mr. Gaskin stated the only comment is he would like to second what Greg said, as a developer, they generally approve floor plans, etc., and made a mistake by not realizing the statement was on the plat. He asked for a variance for the homeowner of Lot 136, but this does not affect any other property owner in Arvida. Motion was made to approve the request for variance allowing access to Lot 136 from SouthRidge Lakes Phase VII. Motion: Wambsganss Second: Apple Ayes: Wambsganss, Apple, Evans, Franks, Farrier, Richarme, Fickes Nays: None Approved: 7-0 vote Agenda Igem #10-C. Developer Aereement for Monticello, Phase I Bob Whitehead, Director of Public Works presented the Developer Agreement for Monticello, Phase I, and added, the agreement contains the standard requirements for the provisions of water and sewer. Monticello Estates is planned to have private streets with a gat~l entrance. The requirement relating to performance and payment bonds, maintenance bonds, and inspection fees are included in this agreement. As in the past Monticello Additions, they are not planning any building permits until the Addition is accepted and therefore, will not need to post a performance and payment bond. A few conditions are unique to this addition, which results a revision to our standard agreement. These items are discussed as follows: Page 1, Section B. The Developer's contractor, builders and employees shall not use the existing street, Northridge, for access to Monticello Estates. Page 2, Section E. Requires maintenance bonds, letters of credit or cash escrow for underground utilities. Because the streets will be private, these are not required. Regular City Council Meeting Minutes December 6, 1994 page twenty Agenda item #10-C. Continued page 5, Part C. STREETS: Even though the streets are private, the City will require that the streets be installed in accordance with the plans and specifications. The Developer or homeowner's association will be responsible for street light costs, including installation and maintenance. Any unique signs will be the responsibility for the Developer or homeowner's association to maintain or replace. Page 6, part E. EROSION CONTROL: Developer agrees to keep the streets, within the addition including Continental Ave., perimeter, clean from soil build- up. page 6, AMENITIES: Developer agrees to accept responsibility for unique amenities within the Addition. An authorized lock system to the gate must be provided as per City Fire Code. Page 9, Part A. SEWER PRO-RATE: Developer agrees to pay their share of the S-4 Sewer line as required by Ordinance No. 493. Page 10, Part C. PARK FEES: Originally Monticello Estates (Phase I) was a portion of Timberlakes Addition. Over five acres of park land was previously dedicated in the Country Walk Addition along West Continental Blvd. in lieu of Park Fees for both Timberlake Addition and Country Walk Addition. Therefore, the Addition has no Park Fees. The Developer, in conjunction with Southlake Joint Venture agrees to construct a jogging trail through the common open space of Monticello Estates and Timberlake Addition. Page 10, Part D. PERIMETER STREET ORDINANCE: Approximately 1,147 feet of the Addition abuts on Continental Blvd. which will require a Perimeter Street Fee of $10,860.74. Terry Wilkinson and Joe Wright were present to answer questions of Council. Motion was made to adopt the Developer Agreement for Monticello Estates with the above conditions. Motion: Wambsganss Second: Franks Ayes: Wambsganss, Franks, Farrier, Richarme, Apple, Evans, Fickes Nays: None Approved: 7-0 vote Regular City Council Meeting Minutes December 6, 1994 page twenty-one Aeenda item #11-A. Perimeter Street Fees Ordinance. This item will be discussed during the Special City Council meeting to be held on December 13, 1994. It was not discussed tonight. Agenda item #8-J. Ordinance No. 628. 1st readine TMRS Increase in Emnlovee Deoosit Rate LouAnn Heath, Director of Finance, stated the Texas Municipal Retirement System administers the City's pension program. The rates are based on a calendar year. Currently the City matches employee deposits 2 to 1, with employees contributing 5% of their pay. During the FY 94-95 Budget work sessions, staff recommended that the employee deposit rate be increase from 5 to 6%. This increase is incorporated into the FY 94-95 budget at an estimated cost of $40,000. The change will be effective January 1, 1995. A copy of the memorandum dated December 1, 1994, from Ms. Heath is hereby attached to the minutes. Councilmember Apple stated he wants the City to go to the maximum as soon as possible. It was stated the goal for the City is 7%. Motion was made to approve Ordinance No. 628, 1st reading, effective January 1, 1995. Motion: Apple Second: Evans Mayor Fickes read the caption of the ordinance Ayes: Apple, Evans, Wambsganss, Franks, Farrier, Richarme, Fickes Nays: None Approved: 7-0 vote Agenda Item #8-K. Ordinance NO. 629. 1st readine. TMRS Military Service Credit. Director of Finance, LouAnn Heath, presented Ordinance No. 629, adopting the Texas Municipal Retirement System Military Service Credit, stated, this ordinance allows the City to adopt the Military Service Credit provision in which members may purchase service credit for time served on active duty status. An employee must have at least ten years of creditable TMRS service. A copy of this memorandum dated December 1, 1994, is hereby attached to the Minutes. Regular City Council Meeting Minutes December 6, 1994 page twenty-two Agenda Item #8-K. Continued Motion was made to approve Ordinance No. 629, 1st reading. Motion: Franks Second: Wambsganss Mayor Fickes read the caption o;f the ordinance. Ayes: Franks, Wambsganss, Evans, Franks, Farrier, Richarme, Fickes Nays: None Approved: 7-0 vote Aeenda Item #8-L. Ordinance No. 630. TMRS Restricted Prior Service Credit The Director of Finance, LouAnn Heath, stated Ordinance No. 630 allows the City to adopt the restricted prior service credit for service previously performed as an employee of any incorporated city or town in the United Stated, or Council of Governments in Texas for which the person has not otherwise received credited service in TMRS. Motion was made to approve Ordinance No. 630, 1st reading. Motion: Franks Second: Wambsganss Mayor Fickes read the caption of the ordinance. Ayes: Franks, Wambsganss, Evans, Farrier, Apple, Richarme, Fickes Nays: None Approved: 7-0 vote Agenda Item #2-A. Continued Executive Session Mayor Fickes advised the audience that Council would be going into executive session pursuant to Chapter 551 of the Texas Government Code, Section 551.074,551.076, of the Open Meetings Act to discuss 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 11:45 p.m. Council returned to open session at 12:05 a.m. Agenda Item/f2-B. Continued Action Necessary No action was taken as the result of the executive session. Regular City Council Meeting Minutes December 6, 1994 page twenty-three Aeenda Item g9-A. Resolution No. 94-64. A0ut. to Board of Adjustments. Resolution No. 94-64, was approved naming Richard "Dick" Waltke, as a member of the Board of Adjustments, to fill the unexpired term on Loyd Eubanks, which will expire in May, 1995. Motion: Richarme Second: Franks Ayes: Richarme, Franks, Evans, Farrier, Wambsganss, Apple, Fickes Nays: None Approved: 7-0 vote Agenda Item //9-B. Resolution No. 94-51. Aunt. to Southlake Park Develoument Cornoration Resolution No. 94-51 was approved, naming Rod Johnson as a member of the Southlake Park Development Corporation to fill the unexpired term of Larry Goldstein who had resigned. Motion: Franks Second: Apple Ayes: Franks, Apple, Evans, Wambsganss, Farrier Richarme, Fickes Nays: None Approved: 7-0 vote Agenda Item #12. Adjournment The meeting was adjourned by Mayor Fickes at 12:10 a.m. City Secretary City of Southlake, Texas i „ CITY COUNCIL MEETING v alip ,: SIGN UP IF YOU WISH TO SPEAK DURING THE MEETING iv DATE: /a 4 - y 7' NAME ADDRESS TELEPHONE AGENDA I'T'EM E \t‘ C*61 ae�t . Cis i RoUT R OAWD ?62.62 W � LiAC d � � 1 6 1 7 )61 PkG 4 1 LA S S t 0 lti z 0 h fa t 6 ( i ) 0 �x/9(yeic! A ) d T // 4 flfr,%/ , f p/ /4 /f1 4 . l , ) J / / Api/� S.-, i C • 412L'IL_i4,2_Vit q&__f" a ` E 1 id 140 US lq0q 8 t I I. hig. ,ii _ I \ Mm 4--2.6 41/CP AWcb ----28 - 5() AI E )4 A Al (..- Al o C)& ()CA., g A - 8 - S C_ k E iii C C E C , • 1/4,...„ : ! ,,,K 0 c • _ _ _ City of Southlake, Texas AGENDA ITEM # 8 —K MEMORANDUM December 1, 1994 .., ,ate TO: Curtis E. Hawk, City Manager FROM: Lou Ann Heath, Director of Finance SUBJECT: Ordinance No. 629, 1st Reading, Adopting TMRS Military Service Credit This ordinance allows the City to adopt the Military Service Credit provision in which members may purchase service credit for time served on active duty status. An employee must have at least ten years of creditable TMRS service. The military credit may be purchased for service in the Armed Forces or Reserves based on active duty status. The employee must make application for this credit and submit a deposit equal to $15 for each month of military service being purchased up to 60 months of service. The City is not required to make a lump sum contribution. The City's matching funding will be included in the calculation of the City's regular TMRS contribution rate and will be funded over the remainder of the City's amortization period. It is estimated that adoption of this ordinance will have a negligible effect on the total City contribution rate. The number of months of military service credit purchased by the employee is used to satisfy vesting and /or retirement eligibility provision of the TMRS Act. It is estimated that less than a dozen employees would qualify under this provision. Please place this item on the agenda for Council consideration. LAH tmrsmili.wpd • City of Southlake, Texas AGENDA ITEM #8 -J MEMORANDUM " e December 1, 1994 TO: Curtis E. Hawk, City Manager FROM: Lou Ann Heath, Director of Finance SUBJECT: Ordinance No. 628, 1st Reading, Adopting TMRS Increase in Employee Deposit Rate Texas Municipal Retirement System (TMRS) administers the City's pension program. TMRS rates are based on a calendar year. Currently, the City matches employee deposits 2 to 1, with employees contributing 5% of their pay. During the FY94 -95 budget work sessions, staff recommended that the employee deposit rate be increased from 5% to 6%. This increase is incorporated in the FY94 -95 proposed budget at an estimated cost of $40,000. The 1994 TMRS rate is 6.14% for the 5% employee contribution at the 2 to 1 matching ratio. The proposed 6% employee contribution rate will increase the City's rate .77% to 6.91 %. The City must also re- adopt annually repeating calculation of updated service credits. This provision annually updates annuity amounts to retirees based on a maximum of 70% of the change in the Consumer Price Index, less any previously granted increases. There are currently two retirees. Over the past several years, the City has strived to improve the retirement program for employees. In 1990, the employee deposit rate was 5 %, with a 1 to 1 matching ratio (1.99% City rate). In 1991, the City adopted a 1 to 1.5 matching ratio (3.01 % City rate). In 1992, the City adopted a 2 to 1 matching ratio (4.26% City rate). In 1993, the City adopted the Buy -Back provision, which allows employees with previously forfeited TMRS service to regain credit for that service by depositing the amount withdrawn plus a 5% per year withdrawal fee. This increased the City's contribution rate for 1993 to 5.58%. The 1994 rate is 6.14%. This change will be effective January 1, 1995 for all employees under the TMRS program. 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V) $ _ 37 o ,' 4 � gax co 0) o =d �` Cr 2 a d O 2. �. .. x V` �y ho m Be- . • ic a i 1.... E = CO • 3Noat m C 3 11) " CP.. ' 3" - f , M a rt p a i *g ED= , r Z 5 411■ ., 0 ° N 4 $ co3 lio 41 c� i • !"f1 0 H) 2. o V ` O Q )J a €4 m 0 0 5 p A to 0 b ch- cr m �' 0 L� O � re C z i g:14 Pla C g P. i b ■ 1 > m u a q ...,... 'g n' r . r ■■,. co c _ , o , N.4 R I--f-4 : H 11 CA co n a' ?,., m g g n .1 ¢ y� d Pi is O . O n - • � co --► c-F O b N cc o co `a R ' 3 n n cn 8. F rA k illO d 11 e ilia !*' City of Southlake, Texas op CITY OF SOUTHLAKE, TEXAS OATH OF OFFICE STATE OF TEXAS COUNTY OF TARRANT /DENTON CITY OF SOUTHLAKE "I, RICHARD "DICK" WALTKE, do solemnly swear (or affirm) that I will faithfully execute the duties of a ZONING BOARD OF ADJUSTMENTS MEMBER, of the City of Southlake, State of Texas, and will to the best of my ability preserve, protect, and defend the Constitution " and Laws of the United States of America and of this State and the Charter and Ordinances of the City. . I furthermore solemnly swear (or affirm) that I have not directly nor indirectly paid, offered, PP' or promised to pay, contributed, nor promised to contribute any money or valuable thing, or promised any public office or IN employment, as a reward to secure my appointment or the confirmation thereof. So help me God. irtr *IC ' ALTK es SWORN TO AND SUBSCRIBED BEFORE ME, THIS THE 15TH D. OF 1 MB IIII 1994. 0 GARY CKES MAYO OF SOUTHLAKE r ATTEST: 4 1/1040141AteloL /// SANDRA L. LEGRAND CITY SECRETARY