1993-07-06 CITY OF SOUTHLAKE, TEXAS
667 NORTH CARROLL AVENUE, SOUTHLAKE
REGULAR CITY COUNCIL MEETING
JULY 6, 1993
MINUTES
COUNCILMEMBERS PRESENT: Mayor Gary Fickes.
Apple, Andrew Wambsganss, Jon Michael Franks.
Members: Stephen
COUNCILMEMBERS ABSENT: Mayor Pro Tem Jerry Farrier; Deputy Mayor
Pro Tem Barry Emerson, Councilmember W. Ralph Evans.
CITY STAFF PRESENT: Billy Campbell, Acting City Manager( Director
of Public Safety); LouAnn Heath, Director of Finance; Bob
Whitehead, Director of Public Works; Greg Last, Director of
Community Development; Karen Gandy, Zoning Administrator; Shana
Rice, Assistant to the city Manager; Tom Elgin, Planning
Department; Eddie Cheatham, City Engineer; Allen Taylor, City
Attorney; and, Sandra L. LeGrand, city Secretary.
WORK SESSION: The Work Session began at 6:30 p.m., where
Councilmembers and Staff present were able to review agenda items
for tonight's meeting.
REGULAR CITY COUNCIL MEETING: The Regular City Council meeting was
called to order at 7:00 p.m., by Mayor Gary Fickes.
Agenda Item ~i-B, Executive Session
Mayor Fickes advised the audience that Council would be going into
executive session pursuant to Section 2(e) 2(f) 2(g) 2(j) of the
Open Meetings Act, to seek the advice of our 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 devices.
Council adjourned into executive session at 7:05 p.m.
Council returned to Open Session at 7:40 p.m.
Aqenda Item #1-C, Action Necessary/Executive Session
No action was taken as the result of the executive session.
Regular City Council Meeting Minutes
July 6 1993
page two
&genda Item ~2, Approval of the Minutes- June i and June 15, 1995
The Minutes of the June 1, 1993, City Council meeting were approved
as presented.
Motion: Apple
Second: Franks
Ayes: Apple, Franks, Wambsganss, Fickes
Nays: None
Approved: 4-0 vote
The Minutes of the June
approved as presented.
Motion: Apple
Second: Franks
Ayes: Apple, Franks,
Nays: None
Approved: 4-0 vote
15, 1993, City Council meeting were also
Wambsganss, Fickes
Aqenda Item ~3, Mayor's Report
Mayor Fickes announced that a delegation from Southlake is still
planning on going to Austin on July 29, 1993, in regard to the
scheduling of State Highway 114. Others who will be going with the
Mayor and several Councilmembers, include representatives from the
Chamber of Commerce, Perot Group, IBM, McGuire/Thomas, and Mobil
Land Development.
The Mayor also reminded Councilmembers that the Annual Seminar for
Mayors and Councilmembers will be held in Plano this year on July
22-25, 1993. Contact the City Secretary for more information.
AGenda Item #4, city Manaqer's Regort
Director of Public Safety, (Acting City Manager) reported that Jeff
Marler, a nine (9) year employee, recently completed the DARE
Officer Training Program, and will be Southlake's new DARE Officer.
Agenda Item ~5, Consent Agenda
The Consent Agenda consisted on the following items:
5-A. Appointment of a Volunteer Firefighter by Director of
Public Safety.
Authorizing the Mayor to execute a letter in support of
the City of Fort Worth's request to realign FM 1709, west
of FM 377 and IH-35W.
5-C. Authorizing the Mayor to execute an Interlocal Agreement
with Tarrant County for Arson Task Force.
Regular city Council Meeting Minutes
July 6, 1993
page three
5-D. Plat Vacation in SouthRidge Lakes, Phase IV, Section 1,
Lot 76R, Block 3.
S--El
Contract with Tarrant County for Street Reconstruction;
Continental Blvd., from South Carroll Avenue east to
Kimball Avenue.
Motion was made to approve the agenda items as listed,
#5-C, #5-D, #5-E.
Motion: Franks
Second: Apple
Ayes: Franks, Apple, Wambsganss, Fickes
Nays: None
Approved: 4-0 vote
#5-A, #5-B,
Additional Information on the Consent Items
5-A. Appointment of Sheldon Leonard as a volunteer Firefighter with
the Fire Services Division. Results of Sheldon's background,
physical examination, and drug test are in order.
5-B. In support of the City of Fort Worth's request to realign FM
1709, west of FM 377 to IH-35W. The City has reviewed the request
and supports the proposal from the City of Fort Worth requesting
the upgrading and realignment of FM 1709 between US 377 and IH-35W.
The project as proposed is critical to the development of FM 1709
as a high-level, east-west, corridor in the rapidly developing
northeastern portion of Tarrant County.
5-C. Authorizing the Mayor to execute an Interlocal Agreement with
Tarrant County for Arson Task Force. No changes have been made
from last year's agreement. This agreement provides arson
detection and investigation capabilities to the City from all
participating Tarrant County agencies.
5-D. Plat Vacation, Lot 76R, Block 3, SouthRidge Lakes, Phase IV,
Section One. Greg Last explained that Sean Randall, the authorized
agent for Arvida/JMB Partners, L.P.-II, has submitted an
application to vacate the plat of Lot 76R, Block 3, SouthRidge
Lakes, Phase IV, Section One. At the request of a prospective
buyer, Arvida combined adjacent Lots 76 and 77 into a single Lot
76R by amended plat (recorded October 27, 1992). The contract for
Lot 76R was never executed, and Arvida is requesting plat vacation
so that they may sell the property as two lots as originally
platted.
Regular City Council Meeting Minutes
July 6, 1993
page four
Aqenda Item #5, Continued
5-E. Contract with Tarrant County for Street Reconstruction on
Continental Blvd., from South Carroll Avenue east to South Kimball
Avenue. The County is agreeable to reconstruct Continental Blvd.,
from South Carroll to South Kimball, a distance of approximately
5,500 feet. On June 29, 1993, Tarrant County Commissioners Court
approved the attached standard contract between the City and
Tarrant County. The city will furnish all materials and provide
all warning devices and flaggers. The County will provide all
labor and equipment and reconstruct the road. The drainage along
the road will be improved by installing bar ditches, the
appropriate driveway culverts, and roadway culverts. The new
pavement will be 5" stabilized sub-base, 6" flex-base and 2"
surface course of Hot Mix Asphalt Concrete (HMAC).
The estimated cost of materials for the City of southlake is
$84,300 for the street and $31,000 for the culverts, for a total of
$115,800. The funds are budgeted in the Street Division (144), in
line items 995 (street infrastructure) and 997 (culvert
improvements). Construction date to begin July 12, with completion
45 days later.
Aqenda Item ~6-A, Public Appearance
Rick Wilhelm, a member of the Joint Utilization Committee presented
the group's recommended projects to be considered during the Fiscal
year 1993-94 Budget. The four (4) projects include:
1) Repairs to basketball court at Carroll Intermediate
School.
2) Repairs to baseball-athletic fields at Carroll
Intermediate School.
3) Security Gates at Carroll Middle School.
4) Fitness Stations on Trail (purchase and install).
Mr. Wilhelm asked that these items be considered during the budget
process.
A copy of the presentation, including estimated costs, is hereby
attached to the minutes of this meeting.
Regular City Council Meeting Minutes
July 6, 1993
page five
Agenda Item ~6-B, Public Forum
Kelcie Nance, 1349 Cross Timber Drive, Southlake. Mr. Nance, a
member of the Dallas/Fort Worth Noise Forum was present, presenting
the updated information to Council, as the result of the last
meeting of the group. Nance stated one of the main areas of
complaints involve short turning aircraft on Runways 13R and 31L.
The computer monitoring system is currently involved in the bid
process. When complete, it will be able to deliver all pertinent
information. The next meeting of the forum will be held on July
21, and the topic of discussion will be "Dealing with city
Planning".
Mayor Fickes thanked Mr. Nance for helping to keep the
Councilmembers and himself informed of the issues.
Agenda Item ~7-A, Ordinance No. 480-87, 2nd reading The Dominion.
Ordinance No. 480-87, 2nd reading (ZA 93-26) is a rezoning request
and Concept Plan for The Dominion, being 38.514 acres of land in
the O.W. Knight Survey, Abstract No. 899. Existing zoning is "AG"
Agricultural, with a requested zoning of "SF-20A" Single Family-20A
zoning district. Location: 300 to 400-block of East Continental
Blvd. Owner: JBM Development Corp. Applicant: Goodwin &
Marshall, Inc.
Karen Gandy, Zoning Administrator, noted eleven (11) notices were
sent to property owners within 200', and two (2) written responses
have been received: Bobby Marriott, 223 Lilac Lane, and
Bruce McCombs, 280 Lilac Lane.
On June 3, 1993, the Planning and Zoning Commission approved this
request, subject to the Plan Review Summary dated May 28,1993.
Mrs. Gandy expressed that no revisions have been made by the
applicant since the first reading of Ordinance No. 480-87,
considered by Council on June 15, 1993. The concept plan and Plan
Review Summary dated June 11, 1993 is available for Council review.
The Public Hearing resulted with no comments from the audience.
Motion was made to adopt Ordinance No. 480-87, subject to the
June 11, 1993 Plat Review Summary.
Motion: Wambsganss
Second: Franks
Mayor Fickes read the caption of Ordinance No.
Ayes: Wambsganss, Franks, Apple, Fickes
Nays: None
Approved: 4-0 vote
480-87.
Regular City Council Meeting Minutes
July 6, 1993
page six
Agenda Item ~8-A, Ordinance No. 480-88, 1st reading, (ZA 93-34)
Ordinance No. 480-88, 1st reading, is a rezoning for a 2.545 acre
tract of land out of the Reis D. Price Survey, Abstract No. 1207,
Tracts 3B01, 3B1B, and 3BlC. Existing zoning is "SF-1A" Single
Family Residential District. Requested zoning is "AG" Agricultural
District. Location: West of 2930 Ridgecrest. Owner/Applicant:
Peter F. Gonzales.
The Zoning Administrator, Karen Gandy, noted twenty-two (22)
notices were sent to property owners within 200', and received one
(1) response in favor from Bill Kaizer, 3025 Briar Lane, Southlake.
Mrs. Gandy commented, although the applicant does not plan to
build any equestrian buildings on this acreage, Staff recommends
that the applicant incorporate this acreage into their Specific Use
Permit for equestrian uses under Resolution No. 92-53, which was
approved on November 3, 1992.
The Planning and Zoning Commission approved ZA 93-34 on June 17,
1993 with a 7-0 vote.
It was also noted that these tracts are west of the Gilbert
property which had been platted as Stonegate Manor Estate. Note
that the final plat of Stonegate Manor Estates has never been filed
of record at Tarrant County. The Gilberts plan to incorporate
these tracts into a revised Stonegate Manor Estate plat (ZA 93-35).
Bob Brumstead was present to represent the applicants for this
request.
Motion was made to
Motion: Apple
Second: Wambsganss
Mayor Fickes read the
Ayes: Apple, Wambsganss,
Nays: None
Approved: 4-0 vote
approve Ordinance No. 480-88, 1st reading.
caption of the ordinance.
Franks, Fickes
Aqenda Item ~8-B, ZA 93-35, Revised Preliminary Plat for Stoneqate
Manor Estates, Lot it Block 1.
ZA 93-35, Revised Preliminary Plat for Stonegate Manor Estates, Lot
1, Block 1, Being 24.895 acres situated in the Reis D. Price Survey
Abstract No. 1207, Tracts 3B01, 3B1B, 3B1C, 3B1A, 2F, 2F6, 2F7, and
2F8. Location: 2930 Ridgecrest. Owners/Applicant: Peter G.
Gonzales and Jerry and Marilyn Gilbert.
The Zoning Administrator, Karen Gandy, informed Council that
twenty-two (22) notices were sent to property owners within 200'
and as of this time, no responses have been received.
Regular city Council Meeting Minutes
July 6, 1993
page seven
Agenda Item ~8-B, Continued
The Gilberts plan to purchase the three tracts to the west (now
owned by Mr. Gonzales) and incorporate them into their previously
approved Stonegate Manor Estates plat, however, this plat was never
filed of record in Tarrant County.
The applicant has met all the review comments of the June 11, 1993
Plat Review Summary with the exception of those items addressed in
the second Plat Review Summary dated June 24, 1993.
Bob Brumstead was present to represent the applicants.
Motion was made to approve ZA 93-35, Revised Preliminary
subject to the Plat Review Summary dated July 2, 1993.
Motion: Apple
Second: Franks
Ayes: Apple, Franks, Wambsganss, Fickes
Nays: None
Approved: 4-0 vote
Plat,
Aqenda Item ~8-c, ordinance No. 480-89, 1st readinq (ZA 93-37)
Ordinance No. 480-89, 1st reading, is a rezoning request for a 1.17
acre tract of land situated in the John A. Freeman Survey, Abstract
No. 529, Tract 4Al. Existing zoning is "AG" with a requested
zoning of "O-1" office District. Owner: Beverly Bratcher.
Applicant: James. R. Phipps.
Mayor Fickes commented that the zoning change was recommended for
denial by the Planning and Zoning Commission by a 5-2 vote, thus
approval by the city Council will require a super majority vote to
approve the request. Mr. Phipps has been notified that there will
not be a full Council, thus there may not be sufficient number to
have a possible approval of his request. Fickes added, out of
fairness to the applicant there needs to be a full Council before
action is taken on this item and he recommends this item be tabled
until July 20,1993, and go from there.
Motion was made to table Ordinance No. 480-89, time
July 20, 1993.
Motion: Franks
Second: Apple
Ayes: Franks, Apple, Wambsganss, Fickes
Nays: None
Approved: 4-0 vote (to table).
certain
Regular City Council Meeting Minutes
July 6, 1993
page eight
Agenda Item ~9-A, Resolution No. 93-33, Settinq a publio hearin= in
reqard to Updated Land Use Assumptions.
Resolution No. 93-33, setting the public hearing on the adoption of
the updated land use assumptions and recommended impact fees,
completes a major effort by the City Council's Capital Improvements
Advisory Committee and city Staff. The process began in March and
was completed June 30, 1993. The final report is included in the
packets.
The 1990 Impact Fee report, the maximum assessable fee was $1,035
for water and $1,562 for wastewater, a total of $2,597. The actual
fee currently being charged is $500 for water and $1,000 for
wastewater, a total of $1,500 which represents approximately 58% of
the maximum assessable.
In the 1993 Impact Fee Update, the maximum assessable fee is $1,635
for water and $1,903 for wastewater, a total of $3,538. It is been
recommended that impact fees be established at $700 for water and
$1,300 for wastewater, for a total of $2,000 which represents
approximately 57% of the maximum assessable. The 1993 Impact Fee
Update Report is hereby made a part of the files in the city
Secretary's office.
Motion was made to approve Resolution No. 93-33,
Motion: Wambsganss
Second: Apple
Ayes: Wambsganss, Apple, Franks, Fickes
Nays: None
Approved: 4-0 vote
as presented.
Aqenda Item ~9-B, 93-45, Appointment of Board of Ad4ustments
Alternate
Resolution No. 93-45, appointment of Alternate #2 of the Board of
Adjustments, for a term to expire in May, 1995, was approved,
naming Art Sorenson to that position.
Motion: Wambsganss
Second: Apple
Ayes: Wambsganss, Apple, Franks, Fickes
Nays: None
Approved: 4-0 vote
Aqenda Item ~10-A, Developer Aqreement for Lake Crest
Bob Whitehead, Director of Public Works presented the Developer's
Agreement for Lake Crest Addition for consideration by the city
council, outlining the few conditions which are unique to this
agreement, which resulted in revisions to the standard agreement.
Regular City Council Meeting Minutes
July 6, 1993
page nine
Aqenda Item ~10-A, Continued
The memorandum from Mr. Whitehead, dated July 2, 1993, is hereby
attached to the minutes of this meeting.
Motion was made to approve the Developer's Agreement for Lake Crest
Addition, with the new page 9 being added to the agreement.
Motion: Franks
Second: Apple
Ayes: Franks, Apple, Wambsganss, Fickes
Nays: None
Approved: 4-0 vote
Aaenda Item #12, Ad4ournment
Prior to adjournment of this meeting, Mayor Fickes announced that
Budget Work Sessions will held on August 10, 11, and 12, 1993, at
7:00 p.m.
The meeting was adjourned at 8:45 p.m.
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City Secretary
City of Southlake, Texas
CITY COUNCIL MEETING
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tettiiierid X9/70 4
CITY OF SOUTHLAKE
IMPACT FEE TEAM
1993 IMPACT FEE UPDATE
SCHEDULE OF EVENTS
July 1, 1993
DATE ACTION REQUIRED
March 24, 1993 Study Team Progress Meeting
April 7 Study Team Progress Meeting
April 14 Advisory Committee Orientation
May 7 Study Team Progress Meeting
May 12 Advisory Committee Meeting
May 25 Study Team Progress Meeting
City Council worksession -Land Use Plan
May 26 Advisory Committee Meeting
June 9 Advisory Committee Meeting
June 16 Advisory Committee Meeting
June 30 Advisory Committee Meeting
July 2 Update of Land Use Assumptions and Capital Improvements Plan filed
with City Council
July 6 City Council adopts resolution setting a public hearing for August 17,
1993, on the adoption of the updated Land Use Assumptions, Capital
Improvements Plan and impact fees
July 7 The proposed update to the Land Use Assumptions, Capital
Improvement Plan and impact fees is made available to the public
July 10,17,24 Notice of the August 17, 1993 hearing is published once a week for
three consecutive weeks in the newspaper
August 9 Deadline for Capital Improvements Advisory Committee filing its
comments on the proposed Land Use Assumptions, Capital
Improvements Plan and impact fee
August 17 Public hearing on the proposed update held by the City Council and
proposed ordinance adopted on first reading
September 7 Second public hearing and adoption of ordinance on second reading
B:unpsch3
9Q -3
City of Southlake, Texas
M E M O R A N D U M
July 2, 1993
TO: Curtis E. Hawk, City Manager
FROM: Bob Whitehead, P.E., Director of Public Works
SUBJECT: LAKE CREST ADDITION DEVELOPER'S AGREEMENT
Attached is a draft of the Developer's Agreement for Lake Crest
subdivision. This agreement contains the standard requirements for
the provisions of water, sewer, streets and drainage. The standard
performance bonds, maintenance bonds, inspection fees and park fees
are included. There are a few conditions which are unique to this
Addition which resulted in revisions to our standard agreement.
Below is a list of those conditions.
A. Sewer Pro Rata fees are required by the Developer to be paid
to the City, since this development will connect to the
existing S -4 sewer main.
B. The Developer is eligible for reimbursement of their cost of
the sewer interceptor line, which the Developer will extend to
and through Lake Crest, in accordance with the Sewer Pro Rata
Ordinance. The Pro Rata Ordinance allows the collection of
the fees over a 10 -year period.
C. The City is required, according to the Sewer Pro Rata
Ordinance, to reimburse the Developer the difference in cost
for the oversizing of the sewer interceptor line. The City is
requiring a 10" and 12" line to serve this subdivision instead
of the standard 8" line. The Sewer Pro Rata Ordinance No. 493
states, "The Director of Public Works of the City of Southlake
may require a Developer to install an interceptor line larger
than that necessary to support his or her specific
development. In the event that the Director of Public Works
requires the installation of an interceptor line larger than
required to serve the development, then the Developer
installing the interceptor line will be reimbursed by the City
of Southlake for the difference in cost between the size of
the line required by the Director of Public Works and an eight
(8) inch line or the size of the line required to serve the
development, whichever is greater. The City will have five
(5) years to pay the Developer for the difference in cost for,,
the oversizing requirement."
D. Park Fees are required by Lake Crest in accordance with
Subdivision Ordinance (No. 483) and will be paid prior to
start of construction. Lake Crest has 51 lots in this
subdivision for a total fee of $25,500.
Curtis E. Hawk, City Manager
July 2, 1993
Page 2
E. Perimeter Street Fee does not apply to Lake Crest since the
property only borders on F.M. 1709.
The City Attorney will review this agreement prior to the council
meeting. Please place this item on the Council's July 6 agenda for
their consideration. If you have any questions, please contact me.
/ %
BW lc
Attachment: Lake Crest Developer's Agreement
c: /wpfi1es /memos /lakcrst.mem
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