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1992-04-07 Regular CC Meeting City of Southlake, Texas CITY OF SOUTHLAKE, TEXAS REGULAR CITY COUNCIL MEETING: APRIL 7, 1992 LOCATION: 667 North Carroll Avenue, Southlake, Texas City Council Chambers of City Hall WORK SESSION: 6:30 P.M. 1. Discuss all items on tonight's meeting agenda. REGULAR SESSION: 7:00 P.M. 1. A. Call to order. Invocation. B. Executive Session Pursuant to the Open Meetings Act, Article 6252 -17 V.T.C.S., Section 2(e) 2(f) 2(g) 2(j). Refer to posted list attached hereto and incorporated herein. C. Reconvene: Action necessary on items discussed in Executive Session. 2. Approval of the Minutes of the March 17, 1992, City Council meeting. 3. Mayor's Report. 4. City Manager's Report. CONSENT AGENDA All items listed below are considered to be routine by the City I Council and will be enacted with one motion. There will be no separate discussion of items unless a Council member or citizen so request, in which event the item will be removed from the general order of business, and considered in its normal sequence. 5. Consider: A. Appointment of Kendall Leonard to Fire Reserve Force. B. Timarron, Phase I, Park Dedication requirements; amendment to the Phase I Developers Agreement. REGULAR AGENDA 6. A. Public Appearance: Sally Hall in regard to Keep Southlake Beautiful. B. Public Forum. City of Southlake, Texas City Council Meeting Agenda April 7, 1992 page two 7. Consider: Ordinances, second reading and related items. (no items for this agenda) 8. Consider: Ordinances, 1st reading and related items. A. Ordinance No. 480 -65, 1st reading. (ZA 91 -75). Request for rezoning a 19.995 acre tract of land out of the L.B.G. Hall Survey, Abstract No. 686, Tracts 3F and 3G. Current zoning is "AG" Agricultural, request is for the "SF -20A" Single Family -20A zoning district. Location: North side of F.M. 1709, approximately 800 feet west of Shady Oaks Drive. Owner: First National Bank of Grapevine. Applicant: G. Development. B. ZA 91 -76, Preliminary Plat of Pecan lakes, a 19.995 acre tract of land out of the L.B.G. Hall Survey, Abstract No. 686, Tracts 3F and 3G. Location: North side of F.M. 1709, approximately 800 feet West of Shady Oaks Drive. Owner: First National Bank of Grapevine. Applicant: G. Development. C. Ordinance No. 480 -01B, 1st reading. ZA 92 -03. Zoning change request and revised concept plan approval for Timarron Planned Unit Development, amending Ordinance No. 480 -01A, adding a 10.932 acre tract in the Hall Medlin Survey, Abstract No. 1038, Tract 2F and a 1.008 acre tract of land in the John N. Gibson Survey, Abstract No. 591, Tract 1B1. Current zoning: "AG" Agricultural; Requested 1 zoning: "R- P.U.D." Residential Planned Unit Development. Owner: Timarron Land Corporation, Inc. D. Ordinance No. 480 -E, 1st reading; Amending the Zoning Ordinance No. 480, Section 42, revisions to Bufferyards and, Section 30, Planned Unit Development (PUD). 9. Resolutions. A. Resolution No. 92 -11, appointments to the Planning and Zoning Commission. B. Resolution No. 92 -09, appointments to the Park and Recreation Board. C. Resolution No. 92 -12, in regard to publication of Notice of Intent to Issue Certificates of Obligation for F.M. 1709 Reconstruction Project. City of Southlake, Texas City Council Meeting Agenda ■ April 7, 1992 page three 10. Other Items for Consideration. A. Award of Garbage /Recycling Franchise. 11. Other Items for Discussion. ( No items for this agenda) 12. Adjournment. CITY COUNCIL WORK SESSION: Immediately following the Regular City Council Meeting. 1. Call to order. 2. Discussion: Mid Year Review. 3. Adjournment. I hereby certify that the above agenda was posted on the official bulletin boards at city hall, 667 North Carroll Avenue, Southlake, Texas, on Friday, April 3, 1992 at 5:00 p.m., pursuant to the Open Me tings Act Ar icle 6252 -17 V.T.C.S. i t.- A L(zl `` '' � Sand ra L. LeGrand , City Secretary moo_ ' r. r— • n v ' 0 l Il►ll nil N1►% % City of Southlake, Texas EXECUTIVE SESSION PENDING LITIGATION- Section 2(e) The City Council may consider pending and contemplated litigation subjects. The following subjects may be discussed: 1. Essig Claim, February 1991. 2. West Beach Addition. 3. Murawski Claim. 4. Garrett Lawsuit, 1984. 5. Ken Smith Claim, July 1991. Litigation is, by nature, an on -going process, and questions may arise as to trial tactics which need to be explained to the City Council. Upon occasion, the City Council may need information from the City Attorney as to the status of the pending or contemplated litigation subjects set out above. After discussion of the pending and contemplated litigation subjects, in executive session, any final action, or vote taken, will be in public. LAND ACQUISITION- Section 2(f) The City Council may consider the purchase, exchange, lease, or sale of real property. After discussion of land acquisitions in executive session, any final action, or vote taken, will be in public. PERSONNEL- Section 2(q) The City Council may consider the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of public officers or employees, including the City manager, City Secretary, City Attorney, and City Board and Commission Members. A complete list of the City Boards and Commissions are on file in the City Secretary's Office. DEPLOYMENT OF SECURITY PERSONNEL Section 2 (1) Regarding the deployment or specific occasions for implementation, of security personnel or devices. After discussion of any or all of the above, in executive session, any final action or vote taken will be in public by the City Council. If personnel issues or litigation issues arise as to the posted subject matter of this City Council meeting, an executive session will be held. SLL 1/31/92 CITY OF $OUTHLAKE 667 N. Carroll Avenue REGULAR CITY COUNCIL MEETING April 7, 1992 7:00 p.m. MINUTES COUNCILMEMBERS PRESENT: Mayor Gary Fickes; Mayor Pro Tem Rick Wilhelm. Members: Mike O'Brien, Barry Emerson, Jerry Farrier, and W. Ralph Evans. CITY STAFF PRESENT: Curtis E. Hawk, City Manager; Billy Campbell, Director of Public Safety; Michael Barnes, Director of Public Works; LouAnn Heath, Director of Finance; Karen Gandy, Zoning Administrator; Greg Last, City Planner; Eddie Cheatham, City Engineer; E. Allen Taylor Jr., and Analeslie Muncy, City Attorneys; and, Sandra L. LeGrand, City Secretary. INVOCATION: Councilmember' W. Ralph Evans. The Work Session was called to order at 6:30 p.m. for the purpose of discussing the agenda for tonight's meeting. Mayor Gary Fickes called the Regular City Council meeting to order at 7:00 p.m. Agenda Item 1-B~ Executive Session Mayor Fickes hereby advised the audience that Council would be going into executive session pursuant to Sections 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 went into executive session at 7:05 p.m. Council returned to Open Session at 7:53 p.m. Mayor Fickes announced that Council would be returning to executive session at the end of the agenda. Agenda item l-C, will be considered at that time. Agenda Item #2, Approval of the Minutes The Minutes of the Regular City Council meeting 1992 were approved as presented. Motion: Emerson Second: Farrier Ayes: Emerson, Farrier, Wilhelm, Evans Nays: None Abstention: Fickes and O'Brien Approved: 4-0-2 vote held on March 17, City Council Meeting Minutes April 7, 1992 page two Aqenda Item #3, Mayor's Report Mayor Fickes announced that "Public Meetings" will be held on April 14 and April 28, to address questions and answers on the proposed $4.5 million road bond election package. The Bond Election will be held on May 2, 1992. Mayor Fickes presented three proclamations: 1) Proclaiming April as Child Abuse Prevention Month. 2) Proclaiming April 12-18 as Telecommunicators Week (Telecommunicator Karen Brown was presented the document in behalf of the communicators in the Southlake Public Safety Department). 3) Proclaiming Margaret Cook as 1991 Volunteer of the Year for Southlake. (Mrs. Cook was not able to be present) Mayor Pro Tem Rick Wilhelm reported on the Southlake Economic Development Council, in that the group has divided into four (4) committees: Economic Profile Committee; Property Profile Committee; Tax Abatement Committee; and, Business Retention Committee. City Attorney, E. Allen Taylor Jr., introduced a new member to their firm, Analeslie Munc¥, adding, Ms. Muncy will be working with members of the City Staff on various projects, along with Wayne Olson, Betsy Elam, and himself. Agenda Item ~4t City Manager's Report The City Manager, Curtis Hawk noted he met with a representative of Harron Cable Company who bought out Planned Cable Company. They will be meeting with representatives of new subdivisions in regard to expanding cable service to them. Mr. Hawk stated they have a lot to do, and he feels they will make a concerted effort to serve Southlake. Councilmember Jerry Farrier stepped out of the meeting. Agenda Item #5t Consent Agenda The Consent agenda, consisting of the following items were presented. 5-A, Appointment of Kendall Leonard to Fire Reserve Force. 5-B, Timarron, Phase I, Park Dedication requirements; amendment to the Phase I Developers Agreement. City Council Meeting Minutes April 7, 1992 page three Aqenda Item #5~ Continued Motion was made to approve the consent agenda as presented. Motion: Emerson Second: Wilhelm Ayes: Emerson, Wilhelm, Evans, O'Brien, Fickes Nays: None Approved: 5-0 vote Agenda Item #6~ Public Appearance Sally Hall, 1609 Mockingbird Lane, Southlake. Mrs. Hall was present on behalf of "Keep Southlake Beautiful", stating she is the team member dealing with litter, Bob Mundlin is the team member who will concentrate on community relations and Rich Goldfuss is the member who will conduct a Photometric Essay of the entire city. The Keep Southlake Beautiful committee has applied for a grant with a certification process that will take approximately 90 days. The Certification will help all cities with the KAB program throughout the State of Texas. For a "kick-off" campaign, a poster contest is being held though the schools. Children winning will win a tree for their particular school. Councilmember O'Brien asked what the costs will be to the city for this program. Mrs. Hall replied the costs will be no more than $800. The training was done in Dallas, therefore, expenses were lower than expected. Agenda Item #6-B, Public Forum Peter Sporrer, 1214 Woodsey Court, Southlake. Mr. Sporrer commended Southlake Utility workers and Police Officers for doing a good job. Sally Hall, 1609 Mockingbird, Southlake. Mrs. Hall noted the Cable Company has provided cable service to the schools, free of charge. Lisa Stokdyk, 720 North Peytonville Avenue, Southlake. Ms.Stokdyk expressed concern that a large tree on Peytonville Avenue has been marked for removal due to road construction. She stated the tree is over 100 years old and she feels it should remain. Agenda Item #8-A, Ordinance No. 480-65~ 1st reading (ZA 91-75) Ordinance No. 480-65, 1st reading, is a zoning change request for 19.995 acres of land out of the L.B.G. Hall Survey, Abstract No. 686, Tracts 3F and 3G. Owner: First National Bank of Grapevine; Applicant: G. Development. This item was withdrawn at the request of the owner and applicant. City Council Meeting Minutes April 7, 1992 page four Agenda Item #8-B~ ZA 91-76~ Pre Plat of Pecan Lakes Preliminary Plat of Pecan Lakes, a 19.995 acre tract of land out of the L.B.G. Hall Survey, Abstract No. 686, Tracts 3F and 3G, was withdrawn by the Owner: First National Bank of Grapevine and Applicant: G. Development. Agenda Item #8-C, Ordinance No. 480-01B~ 1st reading (ZA 92-03) Ordinance No. 480-01B, a zoning change request and revised concept plan for Timarron Planned Unit Development was requested to be tabled by the Developers. Motion the developer, time certai~ May 5, Motion: Wilhelm Second: O'Brien Ayes: Wilhelm, O'Brien, Emerson, Nays: None Approved: 5-0 vote (to table) was made to table Ordinance No. 480-01B, at the request of 1992. Evans, Fickes Councilmember Farrier returned to the Council table. Agenda Item #8-D~ Ordinance No. 480-E~ 1st reading~ Zoning Ordinance Amending Ordinance No. 480-E, 1st reading, amending the Zoning Ordinance No. 480, Section 42, revisions to Bufferyards and Section 30, Planned Unit Development (PUD) was discussed. Greg Last, City Planner presented the ordinance and led the discussion in regard to Section 30 and Section 42. In regard to Section 30, Last noted staff initiated revisions to Section 30 because the ordinance does not address development site plans for nonresidential buildings within residential planned unit developments. He stated, staff would like to recommend that all non-residential building sites submit either a concept plan or development site plan as required by the development regulations of the most intensive intended use. Mr. Last stated with the recent approval of the landscape ordinance, the Council asked that staff modify the bufferyard requirements to lessen the combined impact on a proposed development. As shown, in the amended ordinance, one bufferyard has been eliminated and many of the others have reduced planting requirements. City Council Meeting Minutes April 7, 1992 page five Agenda Item #8-D~ Continued After discussion, motion was made to approve 1st reading, as presented. Motion: Emerson Second: Farrier Ordinance No. 480-E, Mayor Fickes read the caption of the ordinance. Ayes: Emerson, Farrier, Nays: None Approved: 6-0 vote O'Brien, Wilhelm, Evans, Fickes Agenda Item #9-C, Resolution No. 92-12~ Certificates of Obligation Resolutio~ No. 92-12, i~ regard to publication of Notice of Intent to Issue Certificates of Obligation for F.M. 1709 Reconstruction Project was discussed. Bill Marrow, Vice President with First Southwest Company, was present to answer questions for Council. LouAnn Heath, Finance Director, stated Council can spend the amount shown in the resolution, but they cannot than the amount approved in the resolution. less than spend more The City Manager, Curtis Hawk, stated the city still has not received an answer from the Highway Department concerning Southlake's participation in the curb and gutter costs, however, we need to start the process if we are to keep the construction timetable. Motion was made to approve Resolution No. 92-12, changing the amount from 1.5 million dollars to 1.3 million dollars, as discussed, with 1 million dollars being allocated to the SHD for the F.M. 1709 project. Motion: Farrier Second: O'Brien Ayes: Farrier, O'Brien, Emerson, Evans, Wilhelm, Fickes Nays: None Approved: 6-0 vote Council adjourned to recess at 9:00 p.m. Council returned to open session at 9:15 p.m. City Council Meeting Minutes April 7, 1992 page six Aqenda Item #10-A~ Award of Garbaqe/Recyclinq Franchise Michael Barnes, Director of Public Works stated in February, the Council directed staff to develop an RFP for the collection, disposal and recycling of solid waste for the City. The RFP was designed to allow the City to select a contractor for collection and disposal, recycling, or a combination of collection, disposal, and recycling. Proposals were opened and read aloud at 10:00 a.m. on Friday, March 27, 1992. The low bid was received for solid waste collection, disposal and recycling, from Lakeside Sanitation and Waste Management of North American, each bid $8.45 per household. Presently the City is charging residential customers $8.96 for collection, disDosal and recycling. ($7.15 for collection and disposal and $1.81 for recycling). Proposals were also received from BFI ($9.96) and Laidlaw ($9.82) for both solid waste and recycling. Randy Smith, BFI, stated they have been providing recycling for Southlake for one year. They would like to continue with one or both services. Mary Denning, 1280 Cypress Creek, and Mickey Flood, 1353 Lakeview Drive, both with Waste Management, were present. They expressed their unique equipment would preserve the streets. Mr. Flood stated they are a Fortune 50 Company, with 650 operating centers in the United States, in 1,560 communities. Buck Hubbard, Curtis McGaferty, and Doug Rivers, Lakeside Sanitation Company, were present to answer questions for Council, stating they have enjoyed working with the City and hope they will continue. They have made a commitment toward recycling, as demonstrated by hiring additional staff assistance to handle recycling only. Terms of a contract were discussed in regard to the need for an indemnity clause. Motion was made to award Garbage and Recycling to Lakeside Sanitation provided an agreeable contract can be worked out. Motion: Evans Second: Emerson Ayes: Evans, Emerson, Farrier, O'Brien, Wilhelm, Fickes Nays: None Approved: 6-0 vote. City Council Meeting Minutes April 7, 1992 page seven Agenda Item #i-B~ Return to Executive Session Council returned to executive session as the Mayor stated earlier in the meeting, to discuss appointments to Boards and Commissions. Council adjourned at 10:10 p.m. Council returned to open session at 10:30 p.m. Aqenda Item #9-A~ Resolution No. 92-11t Appointment to the Planninq and Zoning Commission Resolution unexpired term of Stephen Apple on the Planning and Commission, with a term to expire on May, 1993. Motion: Wilhelm Second: Emerson Ayes: Wilhelm, Emerson, Farrier, Evans, O'Brien, Fickes Nays: None Approved: 6-0 vote No. 92-11 was approved, naming Nick McGarity to fill the Zoning Aqenda Item #9-B~ Resolution No. 92-09~ Appointment to the Park and Recreation Board Resolution and Recreation Board, to fill the unexpired term of Robertson, with an expiration date of January, 1993. Motion: Evans Second: Farrier Ayes: Evans, Farrier, Emerson, O'Brien, Wilhelm, Fickes Nays: None Approved: 6-0 vote No. 92-09 was approved, naming Donn Renwick to the Park Randy Aqenda Item #12, Adjournment Motion was made to adjourn the meeting at 10:35 p.m. Motion: Evans Second: Farrier Ayes: Evans, Farrier, Nays: None Approved: 6-0 vote Wilhelm, Emerson, O'Brien, Fickes ATTEST: City Secretary r •. I i • ? g e II `°s 1 a 1 i {z o k) 1 1 4. Q a .... _1 4 c. ^1 -I [ • 4 s� : • 1 D ,4 _ < V 7. a h N y C L CL. as • N \ rO as G.. ■ 1 w . ■ 1 . rrr. -- r 7_4- S�uthl�' al todant Cityof Southlake 1111 he reas. the problem of child - ,; F abuse and neglect affects many children in a r °.a >.. i ,�" s Southlake; and, = '': /�: \ . . ! Whereas, child abuse and neglect is a complex and growingproblem o in our state and nation; and, �' "> t` , s r Whereas, preventing child abuse and neglect is the responsibility of all 1 . p citizens; and, , 7 Whereas, the City Council of the City of Southlake hopes to involve the total community in support of programs that foster the prevention of child abuse and neglect; now, 1 MAYOR GARY FICKES, of the City of Southlake do hereby =: proclaim the month of April 1992 to be CHILD ABUSE K ,:. PREVENTION MONTH in Southlake, Texas, and 1 urge all citizens : ,: to work together to help break the cycles of abuse and neglect and improve family life in this community. Passed and approved this the 7 day of _ 1992. t4 ,e, 7 or, ity of Southlake City Secretary Ty: Outhlc , a . ito(lant Ci t yo f __ c - , • _ lil;hereas. . thousands of dedicate d telecommunicators daily serve the citizens of the ■ , United States and Canada by answering their S t t ' p, v telephone calls for police, fire, and emergency ;,:' A �' ; 4 .. 4 medical services and by dispatching the appropriate f , •1 . assistance as quickly as possible; and, • . ' : � '. '. j 7 , 1' • r t ' :. Whereas, the critical functions performed by professional ,. ` , '4 ' w,. a .,, `.' S telecommunicators also includes those related to forestry and - -.,1- ,- .�:.'� conservation operations, highway safety and maintenance activities, .: a r and many other operations performed by federal, state and local k :> governmental agencies; and, Y _ r '} _. , Whereas, the people of Texas should be encouraged to honor t I ri _ telecommunicators in Texas and to recognize the crucial role they f _ • play in our stale; now, F. : ,; F. t i, 4 s 1, MAYOR GARY FICKES, do hereby proclaim the week of April 12 • 11. through April 18, 1992 as: £ i s I . TELECOMMUNICATORS WEEK Passed and approved this the 7th day of April, 1992. 1E ': ii: , fti V 7 2/1th e t i jiLeild ayo , City of Southfakj City Secretary