1992-11-03CITY OF SOUTHLAKE
667 N. Carroll Avenue
REGULAR CITY COUNCIL MEETING
November 3, 1992 7:00 p.m.
MINUTES
COUNCILMEMBERS PRESENT: Mayor Gary Fickes; Mayor Pro Tem Rick
Wilhelm; Deputy Mayor Pro Tem Jerry Farrier. Members: Jon Michael
Franks, Barry Emerson, Mike O'Brien, and, Stephen Apple.
CITY STAFF PRESENT: Billy Campbell, Director of Public Safety;
Michael Barnes, Director of Public Works; LouAnn Heath, Director of
Finance; Greg Last, Director of Community Development; Karen Gandy,
Zoning Administrator; Eddie Cheatham, City Engineer; Chris Terry,
Assistant to the City Manager; E. Allen Taylor Jr., City Attorney;
and, Sandra L. LeGrand, City Secretary
INVOCATION: Councilmember,Jerry Farrier
The Work Session was called to order at 6:30 p.m. in order for
Council members to discuss the agenda items for tonight's meeting.
Mayor Gary Fickes called the Regular City Council Meeting to order
at 7:15 p.m.
Agenda Item #1-B, Executive Session
Mayor Fickes hereby 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 7:15 p.m.
Council returned to Open Session at 8:12 p.m.
Agenda Item #1-C, Action Necessary/Executive Session
No action was necessary at this time, as the result of the
executive session.
City Council Meeting Minutes
November 3, 1992
page two
Agenda Item #2, Approval of Minutes
The Minutes of the City Council meeting held on November 3, 1992,
were approved as presented.
Motion: Wilhelm
Second: Emerson
Ayes: Wilhelm, Emerson, Franks, Farrier, O'Brien, Apple
Nays: None
Abstention: Fickes
Approved: 6-0-1
Agenda Item #3, Mayor's Report
During the Mayor's Report, Councilmember Stephen Apple reported the
Carroll School Board passed a resolution in support of the City of
Southlake Ordinance No. 537 in regard to Smoking.
Agenda Item #4, City Manager's Report
Acting City Manager, Billy Campbell, announced, the 54th School of
Supervision from Southwestern Law Enforcement Institute graduated
last week, it is one of the most prestigious schools in
mid -management in the police profession, and Ricky Black,
Administrative Coordinator represented Southlake and the Southlake
Department of Public Safety, very well by being awarded the
Professionalism Award.
Agenda Item #5, Consent Agenda
The Consent Agenda consisted of the following items:
5-A Permission to advertise for bids to extend the water line
on FM 1709 from Jellico East to Pearson Lane.
5-B Authorizing upgrade of Copy Machine and extension of
Copier Lease.
5-C Excusing the absence of the City Manager from tonight's
Council meeting.
5-D Authorizing the Mayor to execute a letter authorizing the
Texas Department of Transportation to establish Speed
Limits in Construction Zones.
Motion was made to approve the Consent agenda consisting of items
#5-A, #5-B, #5-C, and, #5-D.
Motion: Apple
Second: O'Brien
Ayes: Apple, O'Brien, Wilhlem, Franks, Farrier, Emerson, Fickes
Nays: None
Approved: 7-0 vote
City Council Meeting Minutes
November 3, 1992
page three
Information on Consent I
5-A Advertise for Bids for Water line on FM 1709 from Jellico
Circle East to Person Lane. This project will finish out
the relocation of our water utility lines in conjunction
with the reconstruction of FM 1938 and FM 1709 in
Southlake. This contract will include relocating
portions of the 20" water line on the north side of FM
1709, installing a 12" water line on the south side of
FM 1709 and installing approximately 1,000 feet of 8"
line on the east side of FM 1938, from Continental Blvd.
to Bear Creek. The estimated cost of construction of
this project is $200,000 and will be paid from a portion
of the $1.3 Million Certificates of Obligation for
reconstruction of FM 1709 issued in May, 1992.
5-B The Upgrade of Copier and Extension of Copier Lease.
Copy machines are critical to our work. As a
result of the nature of what we do, our paper
generation is significant. The additional cost to
upgrade the equipment will be approximately $35. per month
/$420. per year.
5-C Excusing City Manager's Absence from City Council.
Section 4.14(5) of the Charter requires
the City Manager to attend all meetings of the Council
except when excused by City Council.
5-D Authorizing the Texas Department of Highways to establish
speed limits within construction zones on state -maintained
highway system within the City limits of Southlake. The
request from J.R. Stone will be for the duration of the
construction project.
Agenda Item #6, Public Forum
Robert Downard, 1255 Randol Mill Avenue, Southlake. Mr. Downard
stated he feels the city is in "gridlock" in regard to drainage
problems. He referenced a drainage problem on his property,
adding, they filed a drainage claim against the City of
Southlake. He stated even though the problem is one from both
Keller and Southlake, they feel they live in Southlake and
Southlake should take care of their problem. He stated he would
like to see the drainage ditches cleaned out and the problem
solved.
Mayor Fickes asked Director of Public Works
Mike Barnes to get with the Downards in the
next few days, and try and come up with a
solution.
City Council Meeting Minutes
November 3, 1992
page four
Agenda Item #6 Continued
Jim Giffin, 3002 Briar Lane, Southlake. Mr. Giffin expressed
concerns as a concerned citizen of Southlake. He stated the
Carroll ISD is attractive with quality education. High density
creates crowding in the schools. Mr. Giffin gave statistics in
regard to number of school children per household and costs
involved in educating each child.
Joe Moore, 1911 East Highland Street, Southlake. Mr. Moore alleged
that something is wrong in the City when a nonresident alien
developer comes in and petitions the City Staff, and the City Staff
does what the developer wants. Mr. Moore stated he has formed the
"Citizens Awareness Association of Southlake, Texas", which
provided a 24 hour per day voice mail recording. He is video
taping all City and School Meetings. He stated the City Council
has inherited the situation and he only wants to be helpful.
Agenda Item #7-A, Ordinance No. 573, 2nd reading.
Ordinance No. 573, Administrative Code, 1991 Edition, was
discussed. Michael Barnes, Director of Public Works, explained the
City has in force, the 1988 Uniform Administrative Code. In order
to bring the City into compliance with the most up to date codes,
the Staff is requesting that the 1991 Administrative Code be
adopted as Ordinance No. 573. The purpose of this Code is to
provide for the administration and enforcement of the technical
codes (building, plumbing, electrical, etc.).
The public hearing resulted with no comments from the audience.
Motion was made to approve 2nd reading of Ordinance No. 573.
Motion: Wilhelm
Second: Apple
Mayor Fickes read the caption of the ordinance.
Ayes: Wilhelm, Apple, O'Brien, Franks, Farrier, Emerson, Fickes
Nays: None
Approved: 7-0 vote
Agenda Item #8-A, Ordinance No. 480-78, 1st reading (ZA 92-41)
Ordinance No. 480-78 is the rezoning for 5.45 acres situated in the
L.H. Chivers Survey, Abstract No. 300, Tract 3A4 from "AG",
Agricultural, to "C-21', Local Retail Commercial. Location:
Northeast corner of North White Chapel Blvd., and SH 114. Owner:
David hardy.
Karen Gandy, Zoning Administrator, noted six (6) notices were sent
to property owners within 200' and two favorable notices werr
returned, from Harold Knight and James R. Little. Jerroll Shiver:
was present for the Planning and Zoning Commission. One undecided
response was received from Mr. Blevins.
City Council Meeting Minutes
November 3, 1992
page five
Agenda Item #8-A, Continued
On October 22, 1992, the Planning and Zoning Commission recommended
approval with a 6-0 vote in favor.
David Hardy, 519 Walton Pass, Irving, Texas. Mr. Hardy stated this
property was purchased for future use. They are requesting zoning
for the small house on site, which they intend to be used for a
small temporary business.
Councilmember Wilhelm stated if he does use the existing building
as a temporary business, it will need to be brought up to city
codes and ordinances. He stated, he is concerned enough about this
issue, to talk about it at this time.
Councilmember Apple asked for Mr. Hardy to define a temporary
business. Hardy replied a one (1) year lease for a small gift shop.
Councilmember Emerson stated he is in favor of the zoning, however,
is concerned with where it goes from here.
City Attorney, Allen Taylor, stated, after the zoning, the
structure will be required to comply with commercial codes and
ordinances. The Board of Adjustment could offer variances to this.
Motion was made to approve Ordinane No. 480-78, 1st reading.
Motion: Wilhelm
Second: Farrier
Mayor Fickes read the caption of the ordinance.
Ayes: Wilhelm, Farrier, Franks, Emerson, O'Brien, Apple, Fickes
Nays: None
Approved: 7-0 vote
Agenda Item #8-B, Resolution No. 92-53 (ZA 92-42) SUP Equestrian
Uses
Resolution No. 92-53, allows for a Specific Use Permit for
equestrian uses per Ordinance No. 480, Section 45.1 (18) for 22.27
acres situated in the R.D. Price Survey, Abstract No. 1207, Tracts
2F, 2F7, 2F8, and 3B1A. Owner: Plano Bank and Trust.
The agents for the property have indicated the potential buyer
would like to continue the existing residential/equestrian use and
would like to add a new covered arena and show ring after
purchase. This proposed structure will be open on the sides with
lighting on the inside only.
Twenty (20) notices were sent to property owners within 200' and to
date, no responses have been received. Mrs. Gandy noted a second
review letter has been presented, dated October 29, 1992.
The public hearing resulted with no comments from the audience.
City Council Meeting Minutes
November 3, 1992
page six
Agenda Item #8-B, Continued
Motion was made to approve Resolution No. 92-53, Specific Use
Permit for equestrian uses, subject to the 2nd review letter dated
October 29, 1992.
Motion: O'Brien
Second: Apple
Ayes: O'Brien, Apple, Wilhelm, Emerson, Farrier, Franks, Fickes
Nays: None
Approved: 7-0 vote
Agenda Item #8-C, ZA 92-43, Preliminary Plat Stonegate Manor
The Preliminary Plat for Stonegate Manor,, being 22.27 acres
situated in the R.D. Price Survey, Abstract No. 1207, Tracts 2F,
2F6, 2F7,.and 3B1A, was discussed.
Karen Gandy, Zoning Administrator, noted on October 22, 1992, the
Planning and Zoning Commission recommended approval with a 6-0
vote, subject to the October 16, 1992, Plat Review Summary,
deleting Item #12, which requires this tract to provide access to
the three (3) tracts to the West which have been landlocked, and
changing the name to Stonegate Manor Estates.
Bob Bromstead, ReMax Real Estate, was present to present tht
Preliminary Plat, for the seller and the purchaser of the
property.
The access easement to the rear lots was discussed. The City
Attorney, noted the City wants to put the owners on notice that at
sometime, the easement may be required by the City.
Motion was made to approve ZA
1992, Summary Review Letter, items
reflecting concerns in regard
tract of the property.
Motion: Apple
Second: O'Brien
Ayes: Apple, O'Brien, Wilhelm,
Nays: None
Approved: 6-0 vote
92-43, subject to the November 3,
#1 thru #4, with the minutes
to the right of way into the back
Emerson, Farrier, Fickes
Councilmember Franks left the room and did not vote
on this item.
City Council Meeting Minutes
November 3, 1992
page seven
ends Item #8-D, ZA 92-44
. 581 Addition.
, Plat Showing for Lot 2, H.
Plat Showing for Lot 2, H. Grandberry No. 581 Addition, being
15.5534 acres situated in the Hiram Grandberry Survey, Abstract No.
581, Tract 1. Zoned "AG," Agricultural. Owner: Lemoine Wright.
Karen Gandy, Zoning Administrator, noted eight (8) notices were
sent to property owners within 200' and to date, no responses have
been received. The Planning and Zoning Commission recommended
approval during the October 22, 1992 meeting, subject to the Plat
Review Summary dated October 16, 1992. The revised summary dated
October 29, 1992 was presented to Council.
Motion was made to approve ZA 92-44, Plat Showing, subject to the
October 29, 1992, Plat Review Summary.
Motion: Emerson
Second: Wilhelm
Ayes: Emerson, Wilhelm, Apple, O'Brien, Franks, Farrier, Fickes
Nays: None
Approved: 7-0 vote
-E. ZA
'ite Plan for B
The Development Site Plan for Block 1, Lot 45R, Timber Lake,
Section 1, Phase 2, Being 1.21 acres of a larger 5.60 acre lot, and
being situated in the J. Bailey Survey, Abstract No. 97 and the
P.J. Hyde Survey, Abstract No. 667. The proposed development
consists of a recreation/pool complex. Owner: Southlake Joint
Venture.
The Zoning Administrator, Karen Gandy, noted four (4) notices were
sent to property owners within 200' and no responses have been
received. On October 22, 1992, the P&Z recommended approval with a
6-0 vote.
The public hearing resulted with no comments from the audience.
Motion was made to approve ZA 92-45, Dev Site Plan, as presented.
Motion: Farrier
Second: Emerson
Ayes: Farrier, Emerson, O'Brien, Apple, Wilhelm, Franks, Fickes
Nays: None
Approved: 7-0 vote
City Council Meeting Minutes
November 3, 1992
page eight
Preliminary Plat of Block
Banc Addition, being 4.8838
Hall Survey, Abstract No.
First American Savings Banc.
1
First
1, Lots 1 & 2, First American Savings
acres situated in the Littleberry G.
686, Tract 1C3, was discussed. Owner:
Karen Gandy, Zoning Administrator, noted the current zoning on the
property is "S-P-2," Generalized Site Plan District, and it is
located west of the intersection of North White Chapel Blvd. in the
200 block of West Southlake Blvd (F.M. 1709). Four (4) notices
were sent to property owners within 200' and to date no responses
have been received.
After discussion, motion was made to approve ZA 92-46, subject to
the Summary Review Letter dated October 29, 1992.
Motion: Franks
Second: O'Brien
Ayes: Franks, O'Brien, Farrier, Emerson, Apple, Wilhelm, Fickes
Nays: None
Approved: 7-0 vote
tem
=rJ
First American Banc Addition, being 1.054 acres situated in the
Littleberry G. Hall Survey, Abstract No. 686, and being the
southeastern portion of Tract 1C3. Owner: First American
Savings Banc.
Karen Gandy, Zoning Administrator, noted the current zoning is
"S-P-2," Generalized Site Plan District. On October 22, 1992, the
Planning and Zoning Commission recommended approval with a 6-0
vote, subject to the Plat Review Summary dated October 16, 1992.
The second Plat Review Summary dated October 29, 1992 was presented.
Mayor Gary Fickes left the meeting during this item.
Motion was made to approve ZA 92-47, subject to the October 29,
1992, Review Summary.
Motion: Franks
Second: O'Brien
Ayes: Franks, O'Brien, Wilhelm, Apple, Emerson, Farrier
Nays: None
Approved: 6-0 vote
Council adjourned for recess at 9:30 p.m.
Council returned to open session at 9:40 p.m.
City Council Meeting Minutes
November 3, 1992
page nine
Councilmember Barry Emerson stepped down for Agenda Item
#8-H and #8-I, as Texas National Bank has an application
to finance said development and he will be the servicing
loan officer and wishes to avoid any future conflict.
Agenda Item #8-H, ZA 92-48, Development Site Plan for Myers Meadow
Development Site Plan for Myers Meadow, a Residential Planned Unit
Development, being 143.043 acres situated in the B.J. Foster
Survey, Abstract No. 519 and in the W.R. Eaves Survey, Abstract No.
500. Owners: Mary Stone Myers, Individual; Fred Joyce -Mary Myers
Enterprises, Inc.; The Estate of Audrey L. Stone, Deceased, Kippy
Myers, Independent Executor; The Estate of A.C. Stone, Deceased,
Mary Myers, Independent Executrix; and Don Myers, Kippy Myers, and
Abbie Myers Trust, Mary Stone Myers, Trustee.
Karen Gandy, Zoning Administrator, noted forty-three (43) notices
were sent to property owners within 2001. To date, two (2)
favorable responses have been received, from Ottis Collins, and
John Drews. Three (3) opposed, from Mr. and Mrs. Franklin Tolbert,
Steve Baker, and Joe Long. One (1) expressing concerns regarding
the drainage, from Dr. and Mrs. Robert Pollard. On October 22,
1992, the Planning and Zoning Commission recommended approval with
a 6-0 vote, subject to the Plan Review Summary dated October 21,
1992, deleting Bufferyard "B" along North Peytonville Avenue, and
Randol Mill Avenue (item #4) and placing a six foot (61) decorative
fence along the lots backing up to Randol Mill Avenue and N.
Peytonville Avenue. This would exclude the developer's home at the
Northwest corner and the Open Space at the Southeast corner of the
project.
Mrs. Gandy added, a revised site plan is in the packets.
Mayor Fickes returned to the meeting.
Public Hearing:
Bob Lemke, #4, Woodland Court, Trophy Club, Texas. Mr. Lemke
expressed concerns with water discharge onto his property. He
wants to be sure that necessary studies have been completed and
there will be no problems later down stream.
Dr. Pollard, 508 San Juan Court, Irving, Texas. Dr. Pollard stated
he will be a new resident at 500 N. Peytonville Avenue. Dr.
Pollard presented a list of recommended changes for Myers Meadow
Addition, attached to the minutes of this meeting.
City Council Meeting Minutes
November 3, 1992
page ten
Agenda Item #8-H, Continued
A discussion was held. Motion was made to approve ZA 92-48,
Development Site Plan for Myers Meadow, subject to the October 29,
1992, Summary Review Letter, deleting #3, going with the fence
(similar to the photographs of the fence presented during the
meeting), and subject to lot #11, having a 125' width as opposed to
the common property line.
Motion: O'Brien
Second: Farrier
Ayes: O'Brien, Farrier, Franks,
Nays: None
Approved: 6-0 vote
Apple, Wilhelm, Fickes
Agenda Item #8-1, ZA 92-49, Pre Plat Myers Meadows
The Preliminary Plat of Myers Meadow, a Residential Planned Unit
Development having 272 residential lots, being 143.043 acres
situated in the B.J. Foster Survey, Abstract No. 519 and in the
W.R. Eaves Survey, Abstract No. 500, was discussed. Owners are
listed in Agenda Item #8-H.
The Zoning Administrator, Karen Gandy, noted on October 22, 1992,
the Planning and Zoning Commission recommended approval by a 6-0
vote, subject to the Plat Review Summary dated October 21, 1992,
deleting item #17 (125' minimum lot width on Block 8, Lot 63) and
to the Developer working with Staff on the non -radical lot lines
and the establishment of a drainage easement in the central common
area. The Second Plat Review Summary dated October 29, 1992 is
presented.
Forty-three (43) notices were sent to property owners within 200',
with the same responses as in agenda item #8-H.
Developer, Fred Joyce, stated he has no problem with the uniform
fencing against the Pollard Tract.
Motion was made to approve the Preliminary Plat of Myers Meadow,
excluding item #9 of the October 29, 1992, Summary Review letter.
Motion: Farrier
Second: O'Brien
Ayes: Farrier, O'Brien, Franks, Apple, Wilhelm, Fickes
Nays: None
Approved: 6-0 vote
Councilmember Barry Emerson returned to the Council
table.
City Council Meeting Minutes
November 3, 1992
page eleven
Agenda Item #8-J, Resolution No. 92-54, SUP for MEMO (ZA 92-50)
Resolution No. 92-54, is a request for Specific Use Permit for
outside storage per Ordinance No. 480, Section 45.1 (27) on
property zoned "I-1," Light Industrial, and being legally described
as 8.638 acres situated in the John A. Freeman Survey, Abstract No.
529, Tracts 6E, and 6F. Owners: MEMO Industrial Planning, Inc.
The Zoning Administrator, Karen Gandy, reported thirteen (13)
notices were sent to property owners within 200' and to date, one
favorable response has been received from Mr. Lomax, Texas Commerce
Bank representative. During the public hearing at the Planning and
Zoning Commission meeting, the applicant's architect indicated that
the outside storage request was for the area adjacent to and north
of the proposed office/warehouse. This area will be utilized as
shipping .,container storage. Six foot (6') screening fences will be
placed per the concept plan. The existing stand of trees will
remain.
The public hearing resulted with no comments from the audience.
Motion was made to approve Resolution No. 92-54, Specific Use
Permit for outside storage, subject to the October 29, 1992, Staff
Review Summary.
Motion: Emerson
Second: Farrier
Ayes: Emerson, Farrier, Franks, O'Brien, Apple, Wilhelm, Fickes
Nays: None
Approved: 7-0 vote
Agenda Item #8-K, ZA 92-51, Concept Plan for MEMO
ZA 92-51, a Concept Plan for MEMO Industrial Planning, Inc. The
property is zoned "I-1," Light Industrial, and being legally
described as 8.638 acres situated in the John A. Freeman Survey,
Abstract No. 529, Tracts 6E ad 6F. Owner: MEMO Industrial
Planning, Inc.
Karen Gandy, Zoning Administrator, noted thirteen (13) notices were
sent to property owners within 200' and to date, one (1) favorable
reply has been received from Mr. Lomax, Texas Commerce Bank
Representative. The applicant requested that the bufferyards to
the North and East be waived due to the adjacent property being
"open pastureland". The Planning and Zoning Commission required
all bufferyards. Staff has been made aware that the applicant
would like a masonry variance for the 15,000 square feet storage
building in the rear of the property. They have indicated that
they will fully comply with the masonry requirements for the 19,000
square feet office/warehouse fronting East Continental Blvd.
City Council Meeting Minutes
November 3, 1992
page twelve
Agenda Item #8-K, Continued
The public hearing resulted with no comments from the audience.
Motion was made to approve the Concept Plan for MEMO, subject to
the Summary Review Letter dated October 29, 1992, eliminating
shrubs, bufferyard and sprinkler system on the northern half of the
MEMO property, until future development takes place.
Motion: Farrier
Second: Franks
Ayes: Farrier, Franks, Emerson, O'Brien, Apple, Wilhelm, Fickes
Nays: None
Approved: 7-0 vote
Agenda Item #8-L, ZA 92-52, Final Plat of Monticello, Phase II
The Final Plat of Monticello, Phase II, being 44.053 acres situated
in the William E. Crooks Survey, Abstract No. 295. Owner: Hills
of Monticello, Inc.
The Zoning Administrator commented on October 22, 1992, the
Planning and Zoning Commission recommended approval with a 5-0-1
vote, subject to the October 16, 1992, Plat Review Summary changing
the setbacks on Block 4, Lots 14,18,20, and 21 to thirty-five feet
(35') in order not to exceed the maximum number of lots with thirt;
foot (30')front building lines per the development regulations.
Motion was made to approve The Final Plat of Monticello, Phase II,
subject to the Summary Review Letter dated October 29, 1992.
Motion: Emerson
Second: Apple
Ayes: Emerson, Apple, O'Brien, Wilhelm, Farrier, Franks, Fickes
Nays: None
Approved: 7-0 vote.
Item
-A. 1st
Ordinance No. 554-A, amends Ordinance No. 554, in regard to
Volunteer Reserve Fire Personnel. According to Director of Public
Safety, Billy Campbell, the purpose of this amended ordinance,
Section 14 is restructured, which commits the City to provide
proper training as recognized by those appropriate State
Commissions and eliminates a time schedule that may be unrealistic
to keep because of situations or incidents outside of our control.
The uncertainty as to who was going to govern the standards and
what those standards were this last year is an example of what can
occur.
City Council Meeting Minutes
November 3, 1992
page thirteen
Agenda Item #8-M, Continued
Motion was made to approve Ordinance No. 554-A, as presented.
Motion: Wilhelm
Second: Emerson
Mayor Fickes read the caption of the ordinance.
Ayes: Wilhelm, Emerson, Apple, O'Brien, Franks, Farrier, Fickes
Nays: None
Approved: 7-0 vote
ition No. 92-50
Resolution No. 92-50, allows for the appointment of an Alternate
Judge of Municipal Court, as allowed for in the Home Rule Charter
and the Municipal Court Ordinance.
Motion was made to table Resolution No. 92-50, time certain,
November 17, 1992.
Motion: Franks
Second: Apple
Ayes: Franks, Apple, O'Brien, Wilhelm, Farrier, Emerson, Fickes
Nays: None
Approved: 7-0 vote
of
An agreement between the City of Southlake and the Developers of
Stanhope Addition was considered. Mr. David Hardy is desirous of
developing an addition, and in connection with that development the
City has required that drainage improvements be constructed
downstream from the property to be developed by Hardy.
Because Hardy has been unable to acquire a drainage easement on
Moore's property, Hardy has requested the City condemn a drainage
easement on Moore's property in order to permit the development of
Standhope Addition. The City has agreed to condemn a drainage
easement on Moore's property upon the condition that Hardy pay all
costs and expenses of City incurred in connection with the
condemnation proceeding, including, without limitation, the costs
of acquiring the easement and legal fees.
Mayor Fickes stated, the developer offered to put up a Letter of
Credit to cover costs.
Council discussed tabling this item for thirty (30) days
giving the Developer of Stanhope and Mr. Moore additional
time to try and work out an agreement between them, thus
eliminating the need for condemnation of the easement on
Mr. Moore's property.
City Council Meeting Minutes
November 3, 1992
page fourteen
Agenda Item #10-A, Continued
Both Mr. Hardy and Mr. Moore were present and agree to take
advantage of the additional thirty (30) days to try and work out a
solution to this issue, without the need for condemnation on Mr.
Moore's property.
Motion was made to table approval of an agreement between the City
and the Developers of Stanhope Addition for thirty (30) days, or
the 1st City Council meeting in December, 1992.
Motion: Franks
Second: Farrier
Ayes: Franks, Farrier, Emerson, O'Brien, Apple, Wilhelm, Fickes
Nays: None
Approved: 7-0 vote (to table)
Agenda Item #10-B, Resolution No. 92-55, Droceedinq with
Resolution No. 92-55, proceeding with condemnation of Joe Moore's
Property was further discussed.
Robert Downard, 1255 Randol Mill Road, Southlake. Mr. Downard
stated he is interested in drainage, and expressed, if the problem
is an existing one, why do we need an easement.
Motion was made to table Resolution No. 92-55, for thirty (30)
days, or the 1st City Council meeting in December, 1992.
Motion: Franks
Second: Apple
Ayes: Franks, Apple, Emerson, Farrier, O'Brien, Wilhelm, Fickes
Nays: None
Approved: 7-0 vote (to table)
Agenda Item #12, Adjournment
The meeting was
adjourned
by Mayor Gary Fickes
at
12:15 a.m.
ayor
ry
i es
AT n,itl"A �/1,1.&2` z
Sandra L. LeGrand
City Secretary
THE STATE OF TEXAS
COIINTY OF
as a member of the e% c
make thtt affidavit and hereby on oath state tKi following: I,
and/or a person or persons related to me, have a substantial
interest in a business entity that would be peculiarly affected by
a vote or decision of the --A rrfa nj g i -r as
those terms are defined in C apter 171, Texas Local Government Code.
The business entity is /SKAc �i oNAC I �C
(naAd and address)
I have a substantial interest in this business entity for the
following reasons: (Check all which are applicable)
Ownership of 10% or more of the voting stock or
shares of the business entity.
Ownership of 10% or more or $5,000 or more of the
fair market value of the business entity.
Funds received from the business entity exceed 10%
of gross income for the previous year.
Real property is involved and
have an equitable or legal ownership with a fair
market value of at least $2,500.
A relative of mine has a substantial interest in the
business entity or property that would be affected
by a decision of the public body of which I am a
member.
Upon filing of this affidavit with
that I will abstain from voting on
business entity and from any further
whatsoever.
Signed this � day <
the City Secretary, I affirm
any decision involving this
participation on this matter
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is
ared
B ME, th undersigned authority, wa personally t t d that the
and on o
acts he#binabove stated are true to the best of
knowledge or belief.
Sw rn to and subscribed to before me on this day of
0."".
SANDRA L. LeGRAND otary c n an or
Notary Public the State of Texas
STATE OF TEXAS
My Comm. Exp. 02/04/93 Y�l d ti G� L V J2
My commission Expi .'
,/ Type Print Notary's Name
Recommended Changes For Myers Meadow
Lot Dimensions
1.) Lots with a common property line to Pollard tract
should have a minimum lot size of 20,000 square
feet.
2.) Lots along Killdeer Court should be redrawn so
that lots lines are radial to the cul-de-sac (as
per lotting requirements, Section 8.01, D and as
per staff recommendations 10/21/92, Plat Review
Summary, # 11. )
3.) Lots 1 and 2 along Killdeer Court are not 15,000
square feet (as per development regulations
approved 7/16/9$, amendment #3.)
4.) Eliminate Lot #11.
Drainage
5.) Set back opening of 36 inch RCP at least 100 feet
from Pollard tract.
- provide a rip rap system which is at least 30
feet long and at least 35 feet wide at the end.
Constructed with a gravel or filter cloth
bedding.
provide an additional easement for erosion
control 70 feet long and 35 feet wide.
or
6.) Require a detention pond that is:
Located in the swale.
- Set back from Pollard tract property line at
least 100 feet.
- Dedicate a drainage easement downstream for
erosion control which is at least 35 feet wide
and 100 feet long.
7.) Drainage easement to the east from area C
(Killdeer Court cul-de-sac) should be eliminated.
Draiange from area C should be collected in a
pipe and collected to the detension pond no
to the west. (as per staff recommendation,
drainage comment #7, 10/21/92.)
8.) STRONGLY CONSIDER A GREENBELT AREA!
I
Recommended Changes For Meyers Meadow
Page 2.
Erosion
9.) Require erosion and sediment control along the
perimeter of Pollard tract using hay bales or
silt fences - until yards of perimeter lots are
established.
10.) Mandate minimizing tree removal especially along
perimeter of Pollard tract to minimize erosion.
Landscape
11.) The restrictive covenant of the development
should require that subsequent builders of
homes along the perimeter of Pollard tract
provide a fence of quality construction and
uniform materials and appearance.
Miscellaneous
12.) Require changes made by the developers be
submitted to the city at least three working
days prior to the next Council meeting for
public review - or table the issue until a
subsequent meeting.
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MEMO INDUSTRIAL PLANNING, INC. DALLAS BRANCH
1950 E. Continental Blvd. Southlake, Texas 76092
817/488-4444
November 3, 1992
Mr. Greg Last, City Planner
City of Southlake
667 North Carroll Avenue
Southlake, TX 76092
RE: MEMO Industrial Planning, Inc. Concept Plan
Per zoning ordinance 42.14 (Modifications), we would like to show that there
are practical difficulties involved in strictly complying with the provisions of
this ordinance. The property in question is 953 feet deep. Low scrubs and
ground cover at the back of the lot are not visible from Continental Blvd. or
any other public or private road. The property north of this lot consist of
dense forest. The property to the east and the west are native pasture. It is
difficult to provide the shrubs and sprinkler system for the 5 foot wide
bufferyard at the back of the property. Since the only source of water is along
Continental Blvd. the sprinkler line must reach 1200 feet along the east and the
west property lines to sprinkle this 51 strip.
Along the north property line we have more than thirty full grown native oak
trees and native under growth. We also meet the requirements for number of
trees along the east and west property lines. The only items of concern are the
shrubs, grass, and sprinkler line. We therefore request to leave the existing
pasture grass and mow it as required by the ordnance. We further request that
the equivalent number of shrubs be placed in the bufferyard between the front
corner of the property and a point 400 feet deep along the east and west
property line, thus increasing the density of planting at the front of the
property where it is seen by the public and our employees. This will be
maintained as required by the ordinance and will have a sprinkler system as
required by the ordinance. All existing trees wilt remain and additional trees
will be added to meet the requirements of the bufferyards. We believe that this
meets the spirit of the ordinance, as it will beautify the landscaping on the
property. We do not believe that placing any shrubs, grass, or sprinkler lines
at the back of the property benefits the city , our neighbors or Memo Industrial
Planning, Inc., since it cannot be seen or enjoyed.
Sincerely,
?�CU V%
Adel M. Elborai
AE/vac
Mailing Address: P.O. Box 667, Grapevine, Texas 76051 9 Telefax: (817) 488-0672
— City of Southlake, Texas
C1T ANAGE -
� t
M E M O R A N D U M
June 30, 1992
TO: Curtis E. Hawk, City Manager
FROM: Michael H. Barnes, Director of Public Works
SUBJECT: Agreement between the City and Developers of Dove
Estates and Bank Street Package Treatment Plants
Earlier this year I received a letter from a property owner in
Dove Estates, who wishes to connect to the gravity sewer system.
He was informed that because of a prior agreement between the
Developer and the City he would have to pay a $4,000 connection
fee to connect to the system. He thought that was very unfair
and wanted to know if the City could give him some relief from
this agreement. The Dove Estates agreement states that any lot
owner who did not contribute initially to the cost of the
treatment plant would have to pay $4,000 before connecting to the
sewer system. According to the agreement the city is responsible
to collect the $4,000 and forward it to the Developer.
Another agreement that the city has entered into is with the Bank
Street Treatment Plant Developer. The Bank Street agreement
states that anyone connecting to the Bank Street Treatment Plant
will have to pay a fee determined by the developer until such
time as the treatment plant is paid for. The developer has
informed the City that the fee is $3.00 per gallon times the
average daily flow. An example would be if a business that
produces a 1,000 gallons per day connects to the sewer system
they would have to pay an initial connection fee of $3,000 to the
developer.
I ask the City Attorney' s to look at these contracts and see how
valid they are. The Attorney's have informed me that they think
anyone tying to the two systems would only have to pay the sewer
impact fee which is $1,000 per 1" water tap. They are confident
that this action could be defended in court. If this is the case
then we need to inform the Council of our proposed action and get
their blessing.
Please consider discussing
council meeting.
NO
MHB/gh
gloria/dovestat.ceh
this item at the next available
Mr. Mike Barnes
City of Southlake
667 North Carroll Avenue
Southlake, Texas 76092
Dear Mr. Barns:
February 17, 1992
FE-1 I992
PUBLIC WCZaS DF.PT
I am currently a resident of Dove state in Southlake. I have been residing
at 1582 Flamingo circle since March, 1987. Two years ago when I
originally requested a connection to the sewer system, I was told that
there is a $4000 fee, payable to the original developer through the city of
Southlake. This fee is in addition to the $1000 tab fee that city charges
and $700 for plumbing!! After some discussion with city officials, I was
denied assistance by the city manager, and since I did not have a major
problem with the septic system at the time, I gave up on the issue.
I am currently having serious problems with the septic system installed
in my property which forces me to resolve this issue and connect to the
sewer system. I have major concerns regarding the legality of the
agreement between the city of southlake and the developer. Additionally,
there have been some questions regarding the properties which`were
exempt and those which were added to the exempt list at later dates.
Also two years ago some of the none exempt properties were sold in an
auction at $5000 each. This price included all the fees required for sewer
and other city services. Apparently, the current developer in the area
( Gallager Homes) is also exempt from paying this fee.
For the past 5 years, my family and I have enjoyed our living in
Southlake. I have been a good citizen and my wife very involve in
community and school activities. My older son is an outstanding student
at the Carroll high and we want to stay and enjoy our livelihood in the
city.
Currently, we feel we are being singled out and no one is willing to listen
or try to help. My intent is not to make any accusation nor start a long
and difficult legal fight with the city or developer which will not serve me
nor the city of Southlake. I plead to you to help us resolve this matter as
soon as possible.
Ahmad Rabie, 1582 Flamingo Cir Southlake, Texas 76092
Work Phone: (214) 419-5012 Home Phone: (817) 488-4795