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1995-05-02 CITY OF SOUTHLAKE, TEXAS 667 NORTH CARROLL AVENUE REGULAR CITY COUNCIL MEETING MAY 2, 1995 MINUTES COUNCILMEMBERS PRESENT: Mayor Gary Fickes; Mayor Pro Tem Jerry Farrier; Deputy Mayor Pro Tern, Jori Michael Franks. Members: Michael Richarme, Andy Wambsganss, and W. Ralph Evans. COUNCILMEMBER ABSENT: Stephen Apple. STAFF PRESENT: Curtis E. Hawk, City Manager; Shana Yelverton, Assistant City Manager; Kevin Hugman, Assistant to the City Manager; LouAnn Heath, Director of Finance; Bob Whitehead, Director of Public Works; Greg Last, Director of Community Development; Tom Elgin, City Planner; Ron Harper, City Engineer; Wayne K. Olson, City Attorney; and, Sandra L. LeGrand, City Secretary. INVOCATION: Mayor Pro Tem Jerry Farrier. The Regular City Council meeting was called to order at 7:05 p.m. by Mayor Gary Fickes. Aeenda Item #2-A. Executive Session Mayor Fickes advised the audience that Council would be going into executive session pursuant to Chapter 551 of the Texas Government Code, Sections 551.071,551.072, 551.074, 551.076 of the Open Meetings Act, to seek the advice of the City Attorney with respect to pending and contemplated litigations, to discuss the purchase, exchange, lease or sale of real property and to consider the appointment and evaluation of public officials, and regarding the deployment of specific occasions for implementation of security personnel or devises. Council did not go into executive session during this meeting. Agenda Item #3-A, Minutes of the Regular City Council Meeting 4/18/95. The Minutes of the Regular City Council meeting held on April 18, 1995 were approved as presented. Motion: Farrier Second: Evans Ayes: Farrier, Evans, Franks, Richarme, Wambsganss, Fickes Nays: None Approved: 6-0 vote Regular City Council Meeting Minutes May 2, 1995 page two Agenda Item #4-A. Mayor's Reoort Mayor Fickes announced a Kite and Friendship Festival will be held on May 6, 1995, from 11:00 a.m. to 5:00 p.m. at the Fechtel Farm on F.M. 1709 at Carroll Avenue. Parking will he available at the new Wal-Mart and shuttle buses to the site will be provided by NETS. Mayor Fickes expressed thanks to Mayor Pro Tem Jerry Farrier for his work with the City Council over the past five years. The Mayor added, Jerry has brought a great amount of dignity to this body. He also stated he appreciates the sacrifices made by Jerry and his family during this time. Agenda Item #4-B. City Mana~,er's Reoort No report was given at this time. Agenda Item #4-C. SPIN Reoorts Bill Saiazar, SPIN//9, made a report on the activities of their group over the past couple of months. He stated Laura Miklosco, will be taking over as SPIN Representative for gO. Dr. Salazar stated his group has submitted their list of public works issues for the upcoming budget. He is currently chairing a group that is working on their mission statement. He asked staff to attend their SPIN meeting on May 10, to address the Trail Master Plan. Dr. Salazar stated he feels SPIN is an important vehicle in the community, and a way to include citizens and get information to them. Rex Potter, SPIN #13 and Chairman of SPIN Standing Committee. He noted Karen Reynolds was elected as Vice-Chairman, listed some of the things that SPIN has been involved in, during its first year, including: Directory of Services; Brash and Limb Chipping; Public Assess Television; All America City Award; Adopt a Road Program; Code of Conduct; Project Input; Leadership Southlake; Voter Registration; Team Focus; Education Seminar; and Communication. The SPIN members feel the first year is considered a success, they are pleased with where SPIN is, but it has a long way to go. Regular City Council Meeting Minutes May 2, 1995 page three Agenda Item #4-C. Continued Potter stated some objectives: One of the things to do is to take charge and not rely so much on city staff, adding, the need to encourage and find ways to get more people involved; Define the SPIN Standing Committee Mission Statement; Provide recommendations to City Council on Ordinance No. 598; Establish objectives on where they want SPIN to go in the next twelve months; and, training for new members. Mayor Fickes stated he and Council appreciate the job being done with SPIN. Agenda Item #5. Consent Aeenda Mayor Fickes noted the consent agenda items are as follows: 5-A. Resolution No. 95-09, abandonment of a portion of Kimball Avenue (formerly Short Avenue). 5-B. Change Order #3, Turf options with the Contractor for Bicentennial Park Expansion, Phase I. Motion was made to approve the consent agenda as presented. Motion: Wambsganss Second: Farrier Ayes: Wambsganss, Farrier, Franks, Evans, Richarme, Fickes Nays: None Approved: 6-0 vote ADDITIONAL INFORMATION ON CONSENT ITEMS 5-Ao The Department of Transportation is in the process of abandoning and removing a portion of F.M. 1709, which is known as Short Avenue, from the highway system . TxDOT considers and staff concurs that this portion of land is not suitable for conservation, park, and/or public transportation. After the state removes the land from the highway system, the land will be conveyed to the adjoining owners of the property. 5-Bo Change Order #3 Bicentennial Park Expansion, Phase I. Two items together under Change Order #3: Rain delays for construction at Bicentennial Park; and, Turf options for construction at Bicentennial Park. The contract with Dean Construction requires that the bad weather days be asked for and considered as the contract progresses and not left to the end of the contract. The city inspector (Walter Shore) has verified dally the site conditions to determine if it was too wet to work since the beginning of this contract. The contractor is requesting that Council consider awarding 20 more bad weather days Regular City Council Meeting Minutes May 2, 1995 page four Agenda Item//5. Continued following SPDC's approval. The contractor is willing to reconsider his construction sequencing plan of action to get irrigation to the fields sooner than in his normal scheme of construction so grass can be planted by August 15. The contractor will have to confine his concrete pouring access to a single entry, requiring use of special equipment to pump in concrete. All of this cost more. JT Dunkin & Associates has outlined the additional cost at $34,780. Aeenda Item//6-A. lhlblic Forum No comments were made during this agenda item. Agenda Item//6-B. Reoort on Citizen Satisfaction Survey Curtis Hawk, City Manager stated the City of Southlake contracted with the group from Denton who worked at the University of North Texas, who are in the private consultant business, to conduct the citizen survey as we have talked about for almost a year. They have done a scientific survey of a number of things that came out of the electronic brainstorming the later part of last year. The preliminary results are in, and the tabulation is being done now. Staff asked the consultants to go back and do a follow-up question, according to Hawk. James J. Glass, Public Management Associates. Mr. Glass stated they are here tonight to talk about the highlights of the survey, the final report will be completed by the end of the week. During the months of February and March 1995, a citizen survey was designed and administered by Public Management Associates (PMA) for the City of Southlake. The 1995 survey is the first multi-service citizen survey conducted for the city. The results of the survey provide the City Council and staff with a data base that is representative of attitudes of the citizens of Southlake. The information identifies the extent of municipal facility use, citizen perceptions regarding various aspects of city performance, and the degree of citizen satisfaction, or dissatisfaction, with city services and life in Southlake. The analysis of the responses and differences among the respondents' replies should help to identify those areas where expectations are not being met or where dissatisfaction has been expressed either by the citizenry in general or by identifiable segments of the population. The report is divided into seven sections: introduction, methodology, sample characteristics, city services, citizen information, quality of life and conclusions. Mr. Glass went through the methodology stating a simple random sample was selected as the most appropriate design for the study. To obtain a representative sample of all adult residents with a +/- 4 percent margin of error at the 95 percent confident level, 600 completed interviews were needed. A total of 606 useable interviews was obtained. Training for all interviewers consisted of three basic elements. First, interviewers were informed about details of the survey. Regular City Council Meeting Minutes May 2, 1995 page five Aeenda Item #6-B. Continued Such items as the reasons for doing the survey, the concept of a random sample, and the administration of the survey were discussed. Second, telephone interviewing methods were presented. The interviewer's attitude, methods of conducting an interview, interviewing problems, and standard procedures were covered. Finally, the trainees were familiariz~xl with the questionnaire. The survey instrument for the 1995 survey was designed after consultation with the city manager and staff. In future surveys, the 1995 instrument should be used as a base so that comparisons across time can be made. Victor S. DeSantis, Public Management Associates. Mr. DeSantis went through some of the highlights of this survey. Mayor Fickes asked Mr. DeSantis how often should a survey such as this be done in a city. Mr. DeSantis replied every two to three years. Councilmember Richarme commented he is in favor of continuing this program and asked for the data on diskette. Agenda Item g7-A, Ordinance No. 480-169.2nd reading ZA 95-28 Ordinance No. 480-169, 2nd reading, (ZA 95-28), Rezoning for 0.46 acres situated in the Hiram Grandberry Survey, Abstract No. 581, Tract 2D. Current zoning is "AG" Agricultural, with a requested zoning of "O-1" Office District. Owners: Walter E. and Katherine Morris; Applicant: Dr. Timothy M. Huckabee. SPIN Neighborhood #14. Public Hearing. Tom Elgin, City Planner, presented ZA 95-28, stating eight (8) notices were sent to property owners within the 200' notification area and one written response has been received from outside the 200' notification area, from: John and Karen Cienki, undecided. The zoning ordinance requires that any property less than one acre be connected to sanitary sewer or be granted a variance from the Board of Adjustments. The subdivision ordinance permits the Director of Public Works to approve private sewage disposal systems for commercial or industrial lots on less than one acre. Currently, sanitary sewer is stubbed out to the western property line of Lake Crest Addition (approximately 100' to the east). With the close proximity of sanitary sewer, staff recommends that the applicant tie into sewer. Councilmember Richarme commented that at the last meeting, Dr. Huckabee talked about swapping out the property with property to the east. Has progress been made on this? Dr. Huckabee stated, he did not close on the property, but they are working with the new applicants on this. Regular City Council Meeting Minutes May 2, 1995 page six Agenda Item #7-A. Continued The public hearing resulted with no comments from the audience. Motion was made to approve Ordinance No. 480-169, 2nd reading. Motion: Farrier Second: Franks Mayor Fickes read the caption of the ordinance. Ayes: Farrier, Franks, Evans, Wambsganss, Fickes Nays: Richarme Approved: 5-1 vote Agenda Item gT-B. Ordinance No. 480-R. 2nd reading. Revisions to Zoning Ordinance No. 480 tO permit Full Service Car Washes. Ordinance No. 480-R, second reading, Revisions to the Zoning Ordinance No. 480, to permit full service car washes was discussed. Tom Elgin, City Planner, presented this item for second reading, stating the purpose of the hearing is to consider an amendment to the City's Zoning Ordinance No. 480, as amended, to permit "Full Service Car Washes" with a Specific Use Permit for properties zoned "C-3" General Commercial District. Mr. Elgin stated, it was the recommendation of the Zoning Administrator that this use be permitted in the "C-3" General Commercial District, with a Specific Use Permit, but requiring a site plan rather than a concept plan. The Council agreed that a site plan would be the appropriate exhibit to submit with the SUP request because it would afford the Commission and the Council an opportunity to review a more detailed plan prior to approval of such a request. Ms. Gandy further recommended that the following items be conditions for SUP approval: 1) sanitary sewer be available to the site, 2) location be on a major arterial to insure proper traffic circulation; 3) minimum of ten (10) stacking spaces; 4) a minimum of 1 parking space per 200 s.f. of total floor area of all buildings; and 5) the wash bay and vacuum/gasoline pump areas be 45 degrees off parallel to the adjoining thoroughfare. The public heai:ing resulted with no comments from the audience. Mayor Fickes stated that at the right location, with the right structure, a car wash may be allowed. Regular City Council Meeting Minutes May 2, 1995 page seven A~end~t item #7-B. Continued Motion was made to approve Ordinance No. 480-R, 2nd reading. Motion: Franks Second: Richarme Mayor Fickes read the caption of the ordinance. Ayes: Franks, Richarme, Farrier, Evans, Wambsganss, Fickes Nays: None Approved: 6-0 vote Agenda Item #8-A, ZA 95-30, Preliminary Plat for Timarron Addition. Village "H". ZA 95-30, Preliminary Plat for Timarron Addition, Village "H", being 91.17 acres situated in the Hollingsworth & Barnett Survey, Abstract No. 797, the M.W. Davenport Survey, Abstract No. 432, and the John N. Gibson Survey, Abstract No. 591. Current zoning is "R-P-U-D" Residential Planned Unit Development. Owner: Timarron Land Corporation. Applicant: Carter & Burgess, Inc. SPIN Neighborhood #9. Mayor Fickes asked that this item be tabled until May 16, 1995, as requested in a letter dated May 2, 1995, from Steve E. Yetts, Development Director of Timarron Land Corporation. Motion was made to table ZA 95-30, as requested by the applicant, time certain May 16, 1995. Motion: Franks Second: Wambsganss Ayes: Franks, Wambsganss, Evans, Richarme, Fickes Nays: Farrier Approved: 5-1 vote (to table) Councilmember Farrier stated he voted against this action, as he will miss being able to vote at the May 16, 1995 meeting. Agenda item #10-A, Developer Agreement for Napa Valley Bob Whitehead, Director of Public Works, presented the developer agreement for Napa Valley, stating there are several revisions to the standard Developer Agreement, these changes are noted as follows: Regular City Council Meeting Minutes May 2, 1995 page eight Agenda item gl0-A, Continued Page 1, GENERAL REOUIREMENTS: Section B. will allow building permits to be issued after infrastructure listed in the Agreement has been completed. The Developer chooses not to provide the usual requirements of Cash Escrow, Letter of Credit, Performance Bond or Payment Bond. There are several Maintenance Bond requirements which will remain the same. Allowing the Developer to construct an Addition without the above requirements has been done previously, as in the case of Myers Meadows. Section C. will allow building permits to be issued before the City accepts the Addition only if Developer obtains a Cash Escrow, Letter of Credit, Performance Bond or Payment Bond as set forth in the Agreement. Page 6, Section D., ON-SITE SANITARY SEWER FACILITIES: calls for a lift station with a force main that will connect to Oak Tree Addition on a temporary basis. The City anticipates that residential development will be constructed south of Napa Valley Estates. This future subdivision will construct the permanent sewer service; therefore, Napa Valley Estates must connect to the permanent sewer service once available. Page 7, the highlighted phrase "or to owner which abuts such amenities", needs Council attention. Two years after the Addition has been accepted, the amenities within public right-of-way usually become the responsibility of a homeowners association; however, the Developer does not plan to establish a homeowners association. The owner (presently the Developer) of the property that abuts the addition, may be responsible for these amenities. Page 9, OFF-SITE DRAINAGE: states that Developer will pay pro-rata in the amount of $25,403.35 for the culverts located on East Continental. Normally the City requires that drainage pro-rata be paid before construction begins. The Developer requests that the City allow the pro-rata to be paid after construction begins, but before the Addition is accepted. Page 10, PARK FEES: requires the Developer to pay the usual Park Fee of $500 per lot. The cost will be $17,000 for 34 lots. Page 10, PERIMETER STREET ORDINANCE: Instead of paying perimeter street fees, the Developer will reconstruct Rainbow Street along the developed frontage. The reconstructed street will meet City standards and will be constructed of concrete. Regular City Council Meeting Minutes May 2, 1995 page nine Agenda Item #10-A. Continued Art Clayton, 3129 Lake Drive, Southlake. Mr. Clayton stated the only issue they have is the storm sewer. They did not determine that amount of money with their initial budget. They are asking if it would be possible to pay the fee at the time of acceptance by the City. Since they will not be asked for any early lot releases, Mr. Clayton asked if they could pay the amount upon acceptance of the subdivision. This will make payment about ninety (90) days later than the requirement specifies. Councilmember Richarme asked where would the funds go if paid on time. Bob Whitehead stated the funds would go into a fund for infrastructure. He stated Council must be careful not to set a precedent, however, with their not asking for any release of lots mitigates the request. Mayor Fickes stated there is no down side to this addition, as no building permit will be issued, and no one will be living there. Councilmember Richarme questioned attachment to the amenities to the property that abuts the amenity. Clayton stated they plan to put up an entry feature that says Napa Valley, and it will be on Theron Regans lot (he is keeping the lot for a family member). It is a voluntary effort. Motion was made to approve the Developer Agreement for Napa Valley reflecting off-site drainage fee which takes into account the principle amount of $25,403.35 plus interest for a total amount of $25,743.35. Motion: Wambsganss Second: Evans Ayes: Wambsganss, Evans, Richarme, Farrier, Franks, Fickes Nays: None Approved: 6-0 vote Agenda Item//12. Adjournment. The meeting was adjourned at 8:25 p.m. by Ma~ ~Gary F~ke~, M~[yor A T: RECEIVED ,..:•:,.' 1...!7 . PETITION 1:.fs-, .1...1 CITY SECIRETAli The undersigned Lropery owners . .f , u.es approvai of tne placement . of a gate at the entrance of Carmel Bay, an aadition to the fIty i,71 Southlake. The pr000 locaLln , : , t the gate is , lzhT JDn Exhibit A attached to this Pettr_=. The undersichea property Qwhers unclers:and that ils wo.2_ IVO'V' =e aando=ent City of Southiake o: the streets shown ,a. Carmel ouIt an. Thouand d- Exhibit A, and LhE uDderslgned propery ow.:s of Carmel Bay have formed a Homeowners Association ant.'d are willing to assume responsibty for the maintenance ot such. streets. Representatives of the undersigned property owners nave meL with representatives of tlie Cfty of Southiake to address concerns, and the undersigned property owners are willing to work with the City of Southiake Police. and Fire Departments to permit access to such property in cases where access is required. e t.../11 )4 /". Jik#44 d7A4 CI Name I., Address 01 411IP , 3..5"00 ti/efiyie(..., . Nail Address 4 5#-X 1. 4/4-tirft-± ,54 ell i .e , Address / /. 140l r 1 Name Address IQ 1/4, t i,4....; i.'wv‘.1 CI\JuL ... ._..:' . LIZ 1 ...--. ( - . .. Name :I \ Address a. A464 qt-021441-%-iaitil 6- - Name Address ,, "me Address • Or .. CW4L: 1 3sso Car mc..1 c+ ..... 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