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1991-06-18 CITY OF SOUTHLAKE 667 N. Carroll Avenue REGULAR CITY COUNCIL MINUTES June 18, 1991 7:30 P.M. COUNCILMEMBERS PRESENT: Mayor, Gary Fickes; Mayor Wilhelm; Deputy Mayor Pro Tem Sally Hall. Members: Jerry Farrier, Barry Emerson, W. Ralph Evans. Pro Tem Rick Mike O'Brien, CITY STAFF PRESENT: Curtis E. Hawk, City Manager; Billy Campbell, Director of Public Safety; Lou Ann Heath, Director of Finance; Michael Barnes, Director of Public Works; Don Wilson, Fire Chief; Karen Gandy, Zoning Administrator; Greg Last, City Planner; Eddie Cheatham, City Engineer; E. Allen Taylor Jr., City Attorney; and, Sandra L. LeGrand, City Secretary. INVOCATION: Councilmember W. Ralph Evans. A work s~ssion was called to order at 6:30 p.m. where Councllmembers and staff present reviewed the agenda items for tonight's meeting. The Regular City Council meeting was called to order at 7:30 p.m. by Mayor Gary Fickes. Aqenda Item 92, Approval of the Minutes The Minutes of the June 4, 1991, as presented. Motion: Emerson Second: Farrier Ayes: Emerson, Farrier, Evans, Nays: None Approved: 7-0 vote City Council meeting were approved O'Brien, Hall, Wilhelm, Flckes Aqenda Item #3, Mayor's Report An emergency supDlement to the Regular City Council Meeting Agenda was posted today at 12:30 p.m., To Wit: necessity to brief the City Council on the status of the Emergency Water situation and possible action by the City Council in regards thereof. Mayor Fickes stated that at 11:30 a.m. on this date, he issued a "State of Emergency" stating that the City of Southlake is initiating mandatory emergency water rationing until further notice. Water customers should restrict water usage to sanitary and drinking uses only. Outside water usage shall be prohibited. The City Manager explained this shortage has been brought about by a major water break in the City of Fort Worth's main line which ~provides water service to a large area of the City of Fort Worth and a number of cities in northeast Tarrant County, including the City of Southlake. City Council Minutes June 18, 1991 page two Aqenda Item #3, Continued The City Manager stated that the Mayor has the power to issue emergency statements of this kind. He stated a number of steps have been taken to inform the public on our state of emergency. Mr. Hawk introduced Ordinance No. 539, providing for the rationing of water and providing for a penalty and declaring an emergency. Motion was made to approve Ordinance No. 539, Motion: Wilhelm Second: Hall as an emergency. Mayor Flckes read the caption of the ordinance. Ayes: Wilhelm, Hall, O'Brien, Nays: None Approved: 7-0 vote Emerson, Farrier, Evans, Flckes Continuation of Mayor's Report Councilmember Sally Hall stated she has continued to receive calls concerning the cable service. She asked this item be place on the council agenda for consideration in the near future. She expressed that there must be something the city can do with the Federal Communication Commission to assure that we get better service. She would like to pursue testing. Aqenda Item #4, City Manaqer's Report The City Manager, Curtis E. Hawk noted the Department Reports are in the packets. If there are questions, the Directors are present to assist in answering the questions. Mr. Hawk received a letter from the State Highway Department in response to a request from the City, where the City has asked them to look at an area on SH 114 where the speed limit drops to 45 mph. The State Highway Department does not feel a problem exists at this time. Aqenda Item #5, Consent Aqenda The consent agenda consists of the following item: A. Permission to advertise for bids for Water System Improvements. City Council Minutes June 18, 1991 page three Aqenda Item #5, Continued Motion was made to approve the consent agenda as shown. Motion: Emerson Second: Farrier Ayes: Emerson, Farrier, Evans, O'Brien, Hall, Wilhelm, Nays: None Approved: 7-0 vote Fickes Aqenda Item #6-A, Public Forum Victor Boswell, Lot 19, Trout Lane, West Beach Addition. Mr. Boswell stated the city wants the water rights. He knows the City needs water. If the city comes to Lot 19, Trout Lane, West Beach Addition, he will sell all the water to the City that they need. He stated he has ten (10) 3/4" brass meters and will take $100. each for the meters. He has 3,500 feet of main line and he will take $2.00 per foot for the line, if the City will provide the people with continuous service and not charge them anymore for their water. Boswell has organized several petitions, which he presented to the City Secretary. The petitions are for the following: natural gas; in favor of 1/2 acre lots; Boswell water system; in favor of development, including mobile homes; and, county style streets. Mayor Flckes replied to his comments. Willie Mae Carter, Rt 5 Box 39A, Roanoke, Texas. West Beach Addition. Ms. Carter stated she purchased her property to live on until she dies. Her house burned down and she alleged the city will not let her rebuild and therefore, she cannot have electricity. She needs a fan, lights, and a refrigerator. She appreciates the water she is getting from Mr. Boswell. She does not think that it is right that she can only have a temporary pole for thirty (30) days. She stated she now lives in a little trailer and she will not sell her property to anyone. The City Manager replied that she cannot have permanent power without a permanent structure, which has been built to code. Coun¢ilmember Mike O'Brien stated he feels that Ms. Carter needs some help from the City. City Council Minutes June 18, 1991 page four Aqenda Item #6-A~ Continued Peter Sporrer, 1214 Woodsey Court, Southlake. Mr. Sporrer stated he attended the meeting held by Boswell where West Beach Addition residents were present. He sees now what the City is trying to do in working with the landowners in that area. He added, the City annexed the landowners, not the other way around. Let's try and help these people out. Robert Rlchey, 2006 Morgan Road, Southlake. He represents a group of homeowners in the Loma Vista Addition, Cedar Oaks Addition, and Cross Timber Hills. He came before Council asking for assistance in regard to a replat of Cedar Oaks Addition and the overhead electric which is being put in at this time. He noted that originally, that area had all underground utilities, including electricity; He asked that Council assist them and not let this happen. They do not want overhead wires on their properties. Plat shows no utilities in the front of the properties, yet they are doing Just that. He estimates there are 300-400 homes in that general area. He came home from work yesterday with markers on the ground where the power company is putting up power poles in the front of the properties. Tri-County electric is also concerned. The new service is coming from TU Electric. The property owners are asking for relief, as the poles are to be set on Friday. The City Manager noted that the Developers Agreement does not address the issue, however, City Staff will look into the matter and will work with TU Electric on this issue. Aqenda Item #6-B, Public Appearance/ Martha Burqess Martha Burgess, 1360 North Carroll Avenue, Southlake. Mrs. Burgess expressed to Council that before any more building is done off of North White Chapel, the drainage issue should be looked into. They purchased their property is 1957, and the problem has continually become worse over the last two years. She asked for Council assistance in correcting and not adding to this drainage problem. She presented photographs of the area after the last rains (hereby a part of the record). Mayor Flckes stated he feels the basin must be cleaned out, but there are no easements and the City does not own the property. Aqenda Item #7-A, Ordinance No. 480-48, 2nd readinq (ZA 91-20) Ordinance No. 480-48, is a zoning change request for a 5.0 acre tract of land out of the T.M. Hood Survey, Abstract No. 706, being Lot 3A, Crumbaker Addition. Current zoning is "C-2" Commercial-2 and the requested zoning is "AG" Agricultural, amended to 4.4288 acres for "AG" Agricultural, with 0.5712 acres (Doug's Barber Shop) to remain "C-2" Commercial-2. The owner is W.H. Crumbaker. City Council Minutes June 18, 1991 page five Aqenda Item #7-A, Continued Karen Gandy, Zoning Administrator, stated fourteen (14) notices were sent to property owners within 200' and she received two responses, both in favor of the request (Jerald Chivers and Glen Backman). On June 4, 1991, the City Council approved the first reading of Ordinance No. 480-48. The public hearing resulted with no comments from the audience. Motion was made to approve the 2nd reading of Ordinance No. 480-48. Motion: Wilhelm Second: O'Brien Mayor Fickes read the caption of the ordinance. Ayes: Wilhelm, O'Brien, H~ll, Emerson, Nays: None Approved: 7-0 vote Farrier, Evans, Flckes Agenda Item #7-B, Ordinance No. 480-46, 2nd readinq (ZA 91-24) Ordinance No. 480-46, a zoning change request for 1.951 acres of land out of the John Childress Survey, Abstract No. 253, Tracts 3, 3C, & 3D and a portion of Lot 13E, Block 2, Trail Creek Estates. Current zoning is "AG" Agricultural, and "SF-1A" Single Family Residential and original requested zoning of SF-1A. Amended request to be 1.728 acres of Agricultural only to be zoned to SF-1A (excluding any portion of Lot 13R, Trail Creek Addition). Owner is Arthur R. Janes. The Zoning Administrator, Karen Gandy, made a presentation stating twenty-eight (28) letters were sent to property owners within 200' and she received two replies, opposing the request. On May 3, 1991 the Planning and Zoning Commission recommended approval by a 4-0 vote and on June 4, 1991, the City Council approved the first reading by a 7-0 vote. City Council had concerns in regard to the large berm, however, the neighbors are working with one another to work out the concerns. Councilmember Sally Hall asked engineer, John Levitt about the compromise between the neighbors in regard to the berm. Mr. Levitt stated Mr. Janes agreed to purchase straw bails and place them along the berm, holding the soil more. They opened up the west end of the berm, allowing the area to drain better. The property will be landscaped properly as soon as they can get water to it. City Council Minutes June 18, 1991 page six Agenda Item #7-B, Continued The public hearing resulted with no comments from the audience. Motion was made to approve as requested. Motion: Emerson Second: Evans the 2nd reading of Ordinance No. 480-46 Mayor Flckes read the caption of the ordinance. Ayes: Emerson, Evans, Farrier, Nays: None Approved: 7-0 vote O'Brien, Hall, Wilhelm, Fickes Mayor Pro Tem Wilhelm thanked Mr. Levitt and Mr. Janes for working with the property owners in the area. Aqenda Item #7-C~ ZA 91-26, Final plat of Janes Creek Addition The final plat of Janes Creek Addition was presented to Council. Zoning Administrator, Karen Gandy made a presentation noting on May 23, the Planning and Zoning Commission recommended approval by a 4-0 vote, subject to the May 16, 1991 staff review letter, amending #6 to include a 5' utility easement on the east side only, and requiring a paved access to Lot 1. On June 4, the City Council approved the request of the applicant to table until this meeting and subject to the second review letter dated May 31, 1991 which still stands. Mayor Pro Tem Wilhelm had questions in regards to where the utility service is going to come out and whether or not the utility lines will be underground. John Levitt stated the service will be brought in off of Post Oak Trail. Motion was made to approve the final plat of Janes Creek Addition, subject to items #1 and #2 of the May 31, 1991 review letter acknowledging that the access will be by private access easement through Lot 13R. Motion: Wilhelm Second: Farrier Ayes: Wilhelm, Farrier, Evans, O'Brien, Hall, Emerson, Fickes Nays: None Approved: 7-0 vote. City Council Minutes June 18, 1991 page seven Aqenda Item #7-D, Ordinance No. 480-47, 2nd readinq (ZA 91-28) Ordinance No. 480-47, is a zoning change request for Lots 5 & 6 Joyce Addition. Current zoning is "AG" Agricultural, with a requested zoning of "SF-1A" Single Family Residential. Owners are Betsy and Diane Cato. The Zoning Administrator, Karen Gandy, noted the property was an original "Gift of Love" and was not required to be rezoned. Eleven (11) notices were sent to property owners within 200' and she received two favorable responses from Gladys Joyce and Wayne Joyce. On may 20, 1991, the Planning and Zoning Commission recommended approval by a 4-1 vote and on June 4, 1991, the 1st reading of the ordinance was approved by a 7-0 vote. The public ~earing resulted with no comments from the audience. Motion was made to approve Ordinance No. 480-47, 2nd reading. Motion: O'Brien Second: Emerson Mayor Fickes read the caption of the ordinance. Ayes: O'Brien, Emerson, Nays: None Approved: 7-0 vote Farrier, Evans, Hall, Wilhelm, Fickes Aqenda Item #7-E, Ordinance No. 480-D, 2nd readinq Zoninq Ord. Karen Gandy presented the 2nd reading of Ordinance No. 480-D, stating that the buffer yard was discussed during the last meeting. Staff has come up with a buffer yard which will be much more workable. The public hearing resulted with no comments from the audience. Councilmember Sally Hall questioned "sprinklering of buffer yards". Greg Last, City Planner answered that he has listed plants and naturalized trees. He stated that eventually everyone will get used to using more conservative watering practices. He feels he will need to emphasize this in the landscape ordinance as well. Motion was made to approve Ordinance No. Motion: Farrier Second: Evans 480-D, 2nd reading. Mayor Fickes read the caption of the ordinance. Ayes: Farrier, Evans, Emerson, Nays: None Approved: 7-0 vote O'Brien, Hall, Wilhelm, Flckes City Council Minutes June 18, 1991 page seven-A Aqenda Item #7-F, Ordinance No. 530, 2nd readinq, Animal Control The City Manager, Curtis E. Hawk, explained that Director of Public Safety, Billy Campbell has addressed the changes in Ordinance No. 530, as noted by the City Council; deleting rabid dogs; deleting the fee structure except for fees for sheltering as Roanoke establishes their own fees. The public hearing resulted with no comments from the audience. Motion was made to approve Ordinance No. repealing Ordinances No. 254 and No. 354. Motion: Emerson Second: Farrier 530 for Animal Control, Mayor Fickes read the caption of Ordinance No. 530. Ayes: Emerson, Farrier, Evans, Hall, Wilhelm, Nays: None Abstention: O'Brien Approved: 6-0-1 Fickes City Council Minutes June 18, 1991 page eight Agenda Item #8-A~ Ordinance No. 480-49, 1st reading (ZA 91-30) Ordinance No. 480-49 is a zoning change request for 0.75 acres out of the Samuel Freeman Survey, Abstract No. 525, being a portion of Tract 5M. Current zoning is "SF-1A" Single Family-iA, with a request for "SF-30" Single Family-30 residential. Owner, applicant is Phillip L. Mummert. Mrs. Gandy noted that eight (8) notices were sent to property owners within 200' and she received a response from Mrs. Womack who was undecided as she feels this is an area for one acre residences. On June 6, the Planning and Zoning Commission recommended approval by a 4-1 vote. Phillip Mummert, 747 North Shady Lane. Mr. Mummert was present and indicated he moved to Southlake in 1979. He has no need for a two (2) acre site. He stated the property is 136' front yard width and 240' deep. He talked with all his neighbors and received no negative responses. He stated a septic system would be added. Mr. Mummert noted the creek would flow on both tracts of land. He added the City is proposing a new culvert which will come across the road and will really help. The public hearing resulted with no comments from the audience. Mayor Pro Tem Wilhelm expressed concerns with subdividing the two acre lot and putting in a 3/4 acre lot in that area. Councilmember Barry Emerson concurred with Wilhelm, stating it does not fit. Councilmember Farrier stated he agrees that it does not fit with the intended addition. Mayor Fickes reminded Council that there are other smaller lots in the area. Motion was made to approve Ordinance No. Motion: O'Brien Second: Hall 480-49, 1st reading. Mayor Fickes read the caption of the ordinance Ayes: O'Brien, Evans, Hall, Flckes Nays: Emerson, Wilhelm, Farrier Approved: 4-3 vote Council adjourned for recess at 8:55 p.m. Council returned to open session at 9:10 p.m. City Councll Minutes June 18, 1991 page nine Aqenda Item #8-B, Ordinance No. 480-50, 1st readinq (ZA 91-31) Ordinance No. 480-50, is a zoning change request for 6.337 acres out of the John Chlldress Survey, Abstract NO. 254, tract 2. Current zoning is "AG" Agricultural, with a request for "SF-1B", Single Family-lB residential. Owner, applicant is Burney Place Joint Venture. Mrs. Gandy noted that ten (10) notices were sent to property owners within 200' with two responses, DeSena opposing the action and Pruitts, in favor. On June 6, 1991, the Planning and Zoning Commission recommended approval with 1,800 square foot residences being allowed for in the deed restrictions. Owners of the property are Wayne O'Daniel and Jerry Pittman. O'Danlel was present to answer questions for Council. Mr. Mayor Pro Tem Wilhelm modified zoning request. such a request. noted he would like to see SF-1A as a The owners noted they have no problem with The Public Hearing resulted with no comments from the audience. Motion was made Family Zoning. Motion: Wilhelm Second: Emerson to approve Ordinance No. 480-50 with SF-1A Single Mayor Flckes read the caption of the ordinance. Ayes: Wilhelm, Hall, Nays: None Approved: 7-0 vote O'Brien, Emerson, Farrier, Evans, Fickes Mayor Pro Tem Wilhelm thanked the applicant for agreeing to upgrade the zoning to SF-1A. Aqenda Item #8-C, ZA 91-32t Preliminary Plat of Burney Place Addition The preliminary plat of Burney Place Addition, 6.337 acres out of the John Chlldress Survey, Abstract No. 254, Tract 2, was presented to Council. The owner/applicant is Burney Place Joint Venture. Karen Gandy, Zoning Administrator, noted that on June 6, the Planning and Zoning Commission recommended approval with a 5-0 vote, subject to the first plat review summary dated May 31, 1991. The second review summary is dated June 13, 1991. Ten notices were sent to property owners within 200'. She received the same two responses. City Council Minutes June 18, 1991 page ten Aqenda Item #8-C, Continued Mayor Pro Tem Wilhelm expressed his concern in regard to the request to abandon the 5' strip along the north side of Burney Lane. Greg Last, City Planner stated at this time they recommend the bar ditches be maintained unless they can find some reason not to maintain the right of way. However, staff will deal with this issue at the time of final plat. Councilmember Sally Hall stated she would prefer to retain the right of way because the school is faced with some severe financial problems and one of their major expenses is busing. They are looking at the day when they will not have to bus children within two miles Of a school. Sh~ feels we should maintain the right of way for future side walks and someday start putting them in. Motion was made to approve ZA 91-32, preliminary plat of Burney Place Addition, subject to the plat review summary dated June 13, 1991. Motion: Emerson Second: Hall Ayes: Emerson, Hall, O'Brien, Farrier, Evans, Wilhelm, Flckes Nays: None Approved: 7-0 vote Aqenda Item #8-D, ZA 91-29, Final Plat of Timarron, Phase I. ZA 91-29 is a final plat of Timarron, Phase I. Sections One and Two. The owner of the project is Timarron Land Corporation, formerly Bear Creek Communities, Inc. The Zoning Administrator, Karen Gandy, noted the 103.831 acres out of the approved 165.1 acre preliminary plat. Section 1 will include 69 lots and Section 2 will include 94 lots. No additional notices were required to be sent. On June 7, 1991, the Planning and Zoning Commission recommended approval by a 5-0 vote subject to the May 31, 1991 plat review summary, omitting #3 regarding the compound curve and item #6, regarding the flood plain lots with this item being addressed in the developer agreement and limiting #8 to be access only, rather than a dedicated right of way to that residence. Also with the City Attorney addressing item #9, vacating two (2) Glory Place Lots, prior to incorporating those into the Timarron Plat. The second review letter dated June 13, 1991 is included. City Council Minutes June 18, 1991 page eleven Aqenda Item #8-D, Continued Keith Thomas, Mobil Land Development Corporation was present for the meeting to answer questions for Council. He stated there is an island on Oakmont Court and will include an adequate radius for Fire Department equipment. He reviewed all the items in the May 13, 1991 review summary and they made the appropriate corrections. Mayor Pro Tem Wilhelm commented in regard to a release for the homeowners who dwell along Bear Creek. He would like the statement incorporated on the plat. He understands the developers concern in regards to having the statement become an issue by being on the plat. City Attorney, E. Allen Taylor Jr., commented, they deliberately structured the proposed language that will track as closely as possible with Texas Case Law. The structure of the release and location on the plat is to clarify the knowledge. Mayor Pro Tem Wilhelm stated he would like to see the statement on the plat, unless it is a legal requirement that it should not be on there. He does not mind limiting the statement to the lots on the creek along the flood plain. Councilmember Sally Hall commented that she feels we have an obligation as a city to provide the information on the plat. Mrs. Hall asked about the linear park on this property. Mayor Flckes commented that the issue of the linear park is not dead, however, in the future, we can come back and buy the right of' way, or work with the homeowners association at the time. Motion was made to approve the final plat of Timarron, Phase 1, subject to the items in the June 13, 1991 plat review summary, items #1, #3, #4, revised to delete the first sentence of the requested flood plain/flood way release, included the second sentence, but limiting the release to lots 64, 65, 66, 67, 68, of Block 5, and #5 and #6, together with the informational comments. Motion: Wilhelm Second: Hall Ayes: Wilhelm, Hall, O'Brien, Evans, Farrier, Emerson, Fickes Nays: None Approved: 7-0 vote Aqenda Item #8-E, ZA 91-07, Revised Preliminary Plat of SouthRidqe Lakes Addition ZA 91-07, is a revised preliminary plat of SouthRidge Lakes Addition. This encompasses 148.426 acres out of the A.A. Freeman Survey, Abstract No. 522, the T.M. Hood Survey, Abstract No. 706, and the L.G. Hall Survey, Abstract No. 686. Owner: Arvida/JMB Partner, L.P. II. City Council Minutes June 18, 1991 page twelve Aqenda Item 8-Et Continued Karen Gandy, Zoning Administrator, noted this plat includes 134 lots and SouthRidge Parkway will be realigned as a 60' right of way with 400' radius. Alternate "B", was presented to the P&Z on March 31, 1991, and the P&Z recommended approval with conditions, including honoring the commitment of $100,000 for improvement to North Peytonville Avenue. Gandy noted that this plat has been through a number of tablings until the City Thoroughfare Plan Study was complete. Mayor Fickes commented that during the last City Council meeting, the consultants gave a preliminary review of information in regards to this area of the city on the Thoroughfare Plan Study. Mayor Pro Tem Wilhelm stated several of the Councllmembers attended a meeting last week on various aspects of the area of Peytonville Avenue and FM 1709 to Raven Bend, and also the improvements on SouthRidge Parkway. The consultants were present, and hopefully the people present went away with a lot more facts. The two issues that the people kept bringing up, were safety and the continuation of the private drives. No true conclusions were arrived at. It is his understanding that Arvida may suggest another plan whlch may or may not be acceptable. Bruce Smith, 111 SouthRidge Parkway. Their company has always prided themselves on their consistancy. They feel they have been consistent. He quoted from the minutes of May 23, 1989 P&Z minutes. The twenty foot, private drives are working. A two lane road with no private drives meets the twenty year plan. They are proposing a 31' road with private drives on every lot that faces the parkway. They feel that meets the fifty (50) year projection. He feels they have more than adequately planned for future capacity. Gene Femtano, 309 SouthRidge Parkway, Southlake. Mr. Femiano stated most of the homeowners in Arvida support this new plan (the road as layed out with private drives). Patty McCarty, 212 SouthRldge Parkway, Southlake. thanked Councilmember Wilhelm for having the meeting. was productive and she also thanked the city staff. improvements on Peytonville were both major concerns. Mrs. McCarty She feels it Safety and Greg Jones, 1365 Cross Timber Drive, Southlake. Mr. Jones stated his reasons for wanting the plan to stay the same. He presented a petition with 302 signatures, requesting the four (4) lane road stay on the plan. City Council Minutes June 18, 1991 page thirteen Aqenda Item #8-E, Continued Mayor Fickes stated he was at the meeting of March, 1989. He knows the Council at that time, felt the road would be where it is and that the traffic would go through the subdivision and not go on "Old Peytonville". He feels it is important that the people who live in the subdivision know what the intent was. Wendall Uldrick, 1000 Raven Bend Court, Southlake. Mr. Uldrick asked Council if they feel that North Peytonville needs to be reworked, if so at what cost. Mr. Barnes commented in regards to the costs involved with and without Tarrant County participation. Ken MacMorran, 1202 Sabine Court, Southlake. Mr. MacMorran feels the County should solve the problems of today and not worry about what happened yesterday. He feels both roadways will have to .deal with traffic. Fred Joyce, 544 Randol Mill Road, Southlake. Mr. Joyce does not have a problem with the alignment. He feels nothing has been worked out in regard to the strip he owns with a 30' easement on it. Public Hearing Closed. Mayor Pro Tem Wilhelm noted they have requested a 60' right of way and the City has referred to a 64' right of way. Michael Barnes, DPW, what will be needed. with a 31' street. stated the Thoroughfare Plan will determine He stated City Staff would not have a problem Bruce Smith noted that all utilities are not in the right of way (gas, water, sewer, cable, etc.) Motion was made to approve ZA 91-07 as presented in the revised preliminary plat as shown tonight, subject to private drives to all lots on the Parkway; a 60' right of way and a 31' roadway back to back; with the March 27, 1991 review letter; and, subject to review and final approval by the City Staff. Motion: Wilhelm Second: O'Brien Mayor Fickes stated that the developers agreement will come in at the same time as the final plat, and at that time Council will address the Peytonville Avenue issue. With participation of 1/2 of the fee for the County to reconstruct North Peytonville Avenue, with a 36' right of way. City Council Minutes June ~, 1991 page fourteen Aqenda Item #8-E, Continued Councilmember Jerry Farrier commented by stating he looks very dimly on a change of this size. They have made marvelous improvements with this new proposal, to address some of the intent items. He is not sure we are there yet. Their intentions to continue the private drives is a great stride. He is not sure that this standing by itself is better for the total citizenry than the original deal. Council changed the game plan somewhat when they did not continue SouthRidge Parkway to the south as a major thoroughfare. The City has now paid for a traffic study and the number that is foremost in his mind is the 9,400 car total. If there is going to be an error, it will be an error on the low side. 8,000 to 10,000 cars is the break point to go to four lanes. The advent of private drives does not diminish the traffic count in anlrway, therefore, he believes that any parkway should have to have that potentiality to keep that number down. Councilmember Barry Emerson questioned the traffic consultants. He asked the amount of traffic on Peytonville and SouthRidge Parkway. Mike Monroe replied, about 10% or less would be through traffic. The numbers there are generated by homes in those subdivisions. How does what Arvida is proposing coincide with what the traffic study shows? Monroe stated it matches quite well. Emerson replied to a comment from Greg Jones in regard to the street going through to the south by stating that Council created an intersection but the street doesn't go through to the south of FM 1709. Councilmember Ralph Evans stated that the numbers in the study may be valid, however, if a study for FM 1709 would have been made in 1965, what would they have projected for the numbers in 1985. He stated he is sure it wouldn't be what is happening today. He feels we are giving up something here that the developer agreed to do. He feels the City Council is loosing integrity by not going ahead with the original plan. Mayor Pro Tem Wilhelm stated that the City has changed it's course. He does not feel the traffic is going to be there from the low density area to the south. The issue that he raised, purposely at the meeting is, if they required the developer to go ahead with the four lanes, is it fair for the city not to go ahead with the four lanes, from Raven Bend, to Dove. The numbers do not show a need for that. City Council Minutes June 18, 1991 page fifteen Aqenda Item #8-E, Continued Councilmember Evans stated that the developer agreed to do this, the City did not agree to do this. Councilmember Farrier stated, at this time we have the option of having the maximum of what we will potentially use, or having something lesser than that. Wilhelm would like for the developers to look at the off-set section close to the Joyce tract. Ayes: O'Brien, Emerson, Wilhelm, Nays: Farrier, Evans Approved: 5-2 vote Hall, Fickes Mayor Gary Fickes 'and Councilmember Barry Emerson stepped down for the next agenda item, naming conflict of interest, as they are affiliated with Texas National Bank. Aqenda Item #9-A, Resolution 91-30, Seekinq Texas National Bank Buildinq for a Community Center The City Manager, Curtis E. Hawk, explained that the Southlake Library Committee turned down the offer from Texas National Bank for the building for use as a Library. The Park Board as asked to use the building for a Community Center to be located at Bicentennial Park. In a letter dated June 18, 1991, from the bank, they have agreed to donate the building to be used as a civic center at the park and also included proposed prices. A copy of the letter is hereby incorporated into the minutes of the meeting. Mayor Pro Tem Wilhelm asked where the funds would come from. The City Manager replied, the infrastructure reserve fund, adding that the improvements would not be made immediately. Wilhelm stated he feels this is a terrific opportunity. Janet Murphy, chairperson of the Park and Recreation Board was present and recommended approval of the resolution. Motion was made to approve Resolution 91-30 as presented. Motion: Evans Second: Farrier Ayes: Evans, Farrier, Wilhelm, O'Brien, Hall Nays: None Approved: 5-0 vote Mayor Flckes and Councilmember Emerson returned to the table. City Council Minutes June 18, 1991 page sixteen Aqenda Item #10-A, Street Projects for FY 1991-92 Budqet The City Manager reminded the Council that this item was tabled during the last City Council meeting in order for Council to discuss it during the Council retreat which was held on June 11 and June 12. The particular streets do not have to be named, but the amount of fund will have to be budgeted in FY 1991-92. The cost estimates on the memorandum from DPW Barnes, includes only the materials. After discussion, motion was made to present the following list of streets to Tarrant County for their participation in the reconstruction, including: Peytonville from the entrance to the new high school parking lot to FM 1709; and Peytonville, north from FM 1709 to Raven Bend; . Burney Lane, from Carroll Avenue to Lonesome Dove; Cypress Creek; Post Oak Trail; and, Ridgecrest. Motion: O'Brien Second: Farrier Ayes: O'Brien, Farrier, Evans, Hall, Wilhelm, Emerson, Flckes Nays: None Approved: 7-0 vote Michael O'Brien stepped down for item #10-B, is a member of the Southlake Park Services, system. as he Inc. water Aqenda Item #10-B, Discussion: Southlake Park Services~ Inc. City Attorney, E. Allen Taylor Jr., commented that the Attorney's are continuing to work out a favorable agreement between the City and the Southlake Park Service, Inc., and this item will be further discussed in executive session. Mr. Jim Giffin, 3002 Briar Lane, Southlake. Mr. Glffin stated he feels there is a slow down in the momentum and the item is in the City's ball park. He asked for another session between members of Council and the members of the group. Councllmember O'Brien returned to Council table. Aqenda Item #10-C~ Award of bids for concrete box culverts The Director of Public Works, Michael Barnes, stated that on May 29, 1991, bids were opened and read aloud to furnish and install concrete box culverts on Raintree, West Highland, and Shady Lane. A copy of the bid tabulation from Cheatham and Associates is hereby attached to the minutes. Mr. Barnes noted since there are only enough funds to complete one culvert, he recommends that the culvert on Raintree be replaced. The low bidder is M.A. Vinson Construction Company for a cost of $54.,503.50. City Council Minutes June 18, 1991 page seventeen Aqenda Item #10-Cd Continued Motion was made to award the bid to M.A. Vinson Construction Company as proposed by the D.P.W. in an amount of $54,503.50. Motion: Emerson Second: Evans Ayes: Emerson, Evans, Farrier, O'Brien, Hall, Wilhelm, Flckes Nays: None Approved: 7-0 vote Aqenda Item #11, No items for this aqenda Aqenda Item #12, Executive Session Mayor Fickes announced that City Council would be going into executive session at this time, pursuant to the Open Meetings Act, Article 6252-17 V.T.C.A. at '11:05 p.m. Council returned to open session at 12:05 a.m. Aqenda Item #13-A, Action Necessary/Litiqation. No action was necessary as the result of the regard to pending or contemplated litigation. executive session in Aqenda #13-B, Action Necessary/Public Officials No action was necessary as the result of the executive session in regard to appointment or evaluation of public officials. Aqenda Item #13-C, Land Acquisition Motion was made to approve the expenditure of $5,000 for earnest money fee for the acquisition of approximately 9.3 acres of land on Johnson Road, owned by the Sword's, for use as an exchange parcel of approximately 7 aces of land on North White Chapel Blvd., owned by the Fort Worth Diocese of the Catholic Church. Motion: Wilhelm Second: Evans Ayes: Wilhelm, Evans, Farrier, O'Brien, Hall, Emerson, Fickes Nays: None Approved: 7-0 vote Aqenda Item #14, Resolutions (no items for this aqenda) City Council Minutes June 18, 1991 page eighteen Aqenda Item #15, Adjournment Motion was made to adjourn the meeting at 12:10 a.m. Motion: Emerson Second: Hall Ayes: Emerson, Hall, Wilhelm, Farrier, Evans, O'Brien, Nays: None Approved: 7-0 vote Flckes ATTEST:. City Secretary