1995-11-21 Regular CC Meeting City of Southlake, Texas
REGULAR CITY COUNCIL MEETING: NOVEMBER 21, 1995
LOCATION: 667 North Carroll Avenue, Southlake, Texas
City Council Chambers of City Hall
WORK SESSION: 6:30 P.M.
1. Discussion of all items on tonight's meeting agenda.
REGULAR SESSION: 7:00 P.M.
1. Call to order. Invocation.
2. A. Executive Session: Pursuant to the Open Meetings Act, Chapter 551 of the
Texas Government Code, Sections 551.071, 551.072, 551.074, 551.076. Refer
to posted list attached hereto and incorporated herein.
B. Reconvene: Action necessary on items discussed in executive session.
3. Approval of the Minutes of the Regular City Council meeting held on November 7,
1995.
4. Reports:
A. Mayor's Report.
B. City Manager's Report.
C. SPIN Report.
CONSENT AGENDA
All items listed below are considered to be routine by the City Council and will be enacted with
one motion. There will be no separate discussion of items unless a Councilmember or citizen
so requests, in which event the item will be removed from the general order of business and
considered in its normal sequence.
5. Consent:
A. Resolution No. 95 -51, in support of the acquisition of railway trackage rights
between Wylie, Texas and North Fort Worth, commonly referred to as the
"Cotton Belt" by the Fort Worth and Western Railroad.
REGULAR AGENDA
6. Public Forum
City of Southlake, Texas
Regular City Council Meeting Agenda
November 21, 1995
page two
A. Ordinance No. 480 -186, 2nd reading (ZA 95 -103), Rezoning for 0.112 acres of
land in the S. Freeman Survey, Abstract No. 535, Tract 6C, and the G.W. Main
Survey No. 1098, Tract 2C1. Location: Southeast corner of South Kimball
Avenue and East Southlake Blvd. (F.M. 1709). Current zoning is "AG"
Agricultural District, with a requested zoning of "C -3" General Commercial
District. Owner: Royal Properties; Applicant: Hodges & Associates. SPIN
Neighborhood #7. PUBLIC HEARING.
B. Ordinance No. 480 -187, 2nd reading (ZA 95 -77), Rezoning and Site Plan for
Stacy Furniture Warehouse, being 5.66 acres legally described as Block B, Lot
2, Commerce Business Park. Location: 280 Commerce Street. approximately
180' south of East Southlake Blvd. (F.M. 1709). Current zoning is "I -1" Light
Industrial District, with a requested zoning of "S -P -1" Detailed Site Plan District
to allow "I -1" Light Industrial uses as set forth in Ordinance No. 480, Section 26
and the retail sale of furniture. Owner /Applicant: James R. Stacy dba Stacy
Furniture Warehouse. SPIN Neighborhood #7. PUBLIC HEARING.
C. Ordinance No. 483 -D, 2nd reading, Amending the Subdivision Ordinance No.
483, addressing clean up items.
PUBLIC HEARING.
D. Ordinance No. 652, 2nd reading, Abandonment of an easement on the MTP -IBM
Property. PUBLIC HEARING.
8. Ordinances, first reading and related items.
A. ZA 95 -107 Concept Plan for White Chapel Methodist Church, legally described
as Lot 1, Block A, White's Chapel Church Addition, being .4657 acres situated
in the O.W. Knight Survey, Abstract No. 899. Location: 135 South White
Chapel Boulevard. being approximately 220' south of Southlake Boulevard (F.M.
1709). Current zoning is "CS" Community Service District. Owner: White's
Chapel United Methodist Church; Applicant: Tie Davis - J. Murray Smith
Architects. SPIN Neighborhood #10.
B. Ordinance No. 480 -T, 1st reading, amending the Zoning Ordinance No. 480 to
allow for Temporary Outside Storage for retail uses.
C. Ordinance No. 483 -E, 1st reading, amending the Subdivision Ordinance,
addressing private streets.
9. Resolutions (no items this agenda).
City of Southlake, Texas
Regular City Council Meeting Minutes
November 21, 1995
page three
10. Other items for consideration (no items this agenda).
11. Other items for discussion:
A. Council- Manager working committees.
12. Meeting Adjourned.
CERTIFICATE
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, November 17, 1995 at 5:00 p.m.,
pursuant to the Texas Government Code, Chapter 551.
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.,,21h17_____A Sandra L. LeGrand
City Secretary s v
If you plan to attend this public meetin: d .481' • sility that requires special needs, please
advise the City Secretary 48 hours in as . 481 -5581 extension 704, and reasonable
accommodations will be made to assist you.
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City of Southlake, Texas
EXECUTIVE SESSION
PENDING LITIGATION - SECTION 551.071
The City Council may consider pending and contemplated litigation subjects. The following
subjects may be discussed:
1. Legend Custom Homes. 1993
2. VW Investments, Inc. and Frost Fuels Corporation, dba Southlake Fuels vs. City of
Southlake, Texas, Curtis E. Hawk, Karen P. Gandy, and the Southlake Board of
Adjustments. 1994
3. Aledo Construction. 1994
4. Walters Claim. 1995
5. Seek legal advice from City Attorney in regards to award of bid for Vista Trails Sewer
and Streets project.
6. Briefing by James W. Cullar Jr., Evaluation Associates, Consultants, regarding
acquisition of property for water ground storage tank, and seek advice of City Attorney
regarding same.
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 occasions, 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 open session.
LAND ACQUISITION- SECTION 551.072
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 open session.
PERSONNEL - SECTION 551.074
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 is on file in the City Secretary's Office.
DEPLOYMENT OF SECURITY PERSONNEL - SECTION 551.076
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 open session by the City Council.
If personnel issues or litigation issues arise, or a need to seek advice from the City Attorney
as to the posted subject matter of this City Council meeting, an executive session will be
held.
397
CITY OF SOUTHLAKE, TEXAS
1 667 NORTH CARROLL AVENUE
REGULAR CITY COUNCIL MEETING
NOVEMBER 21, 1995
MINUTES
COUNCILMEMBERS PRESENT: Mayor Gary Fickes; Mayor Pro Tern Andy Wambsganss;
Deputy Mayor Pro Tern Pamela Muller. Members: W. Ralph Evans and Michael Richarme.
COUNCILMEMBERS ABSENT: Ron Maness and Sally Hall
CITY STAFF PRESENT: Curtis E. Hawk, City Manager; Assistant City Manager, Shana
Yelverton; Kevin Hugman, Assistant to the City Manager; LouAnn Heath, Director of Finance;
Director of Public Works, Bob Whitehead; Ron Harper, City Engineer; Karen Gandy, Zoning
Administrator; Tom Elgin, Planner; Billy Campbell, Director of Public Safety; Wayne Olson,
City Attorney; and Sandra L. LeGrand, City Secretary.
INVOCATION: Councilmember W. Ralph Evans.
WORK SESSION: The work session was held where agenda items for tonight's meeting were
discussed by Council and staff.
The Regular City Council meeting was called to order at 7:00 p.m. by Mayor Gary Fickes.
Agenda Item #2-A, Executive Session
Mayor Gary Fickes advised the audience that Council would be going into executive session
pursuant to Chapter 551 of the Texas Government Code, Sections 551.071, 551.072, 551.074,
551.076 of the Open Meetings Act, to seek the advice of the City Attorney with respect to
pending and contemplated litigations, and to discuss the purchase, exchange, lease or sale of real
property and to consider the appointment and evaluation of public officials, and regarding the
deployment of specific occasions for implementation of security personnel or devises.
Council adjourned for executive session at 7:01 p.m.
Council returned to open session at 7:40 p.m.
Agenda Item #2-B, Action Necessary/Executive Session
Motion was made to authorize the Mayor to enter into a contract for the purchase of 14.7 acres
of real property for municipal uses, as discussed in executive session.
Motion: Wambsganss
Second: Evans
Ayes: Wambsganss, Evans, Muller, Richarme, Fickes
Nays: None
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Regular City Council Meeting Minutes
November 21, 1995
page two
Agenda Item #2-B, Continued
Approved: 5-0 vote
Agenda Item #3, Approval of the Minutes
Motion was made to approve the minutes of the regular City Council meeting held on November
7, 1995.
Motion: Wambsganss
Second: Evans
Ayes: Wambsganss, Evans, Muller, Richarme, Fickes
Nays: None
Approved: 5-0 vote
Agenda Item #4-A, Mayor's Report
Mayor Fickes announced that a special City Council meeting will be held on November 28, 1995
with the primary reason to discuss the issue of a water tower site with the citizens of H2NO.
The meeting will begin at 7:30 p.m.
Councilmember Ralph Evans reported on the progress of the committee formed to determine the
feasibility of splitting the Planning and Zoning Commission. He noted that the committee
consists of seven (7) members. Three (3) from Council; two (2) from Planning and Zoning
Commission; and, two (2) SPIN Representatives.
On November 28, 1995, at 6:00 p.m. a Mayor's Tree Lighting Ceremony will be held at
Bicentennial Park. A reception will follow at 6:30 p.m. in The Lodge.
Agenda Item #4-B, City Manager's Report
The City Manager reported City Hall will close on November 23 and 24th for Thanksgiving
Holidays.
Agenda Item #4-C, SPIN Report
No SPIN Report was made tonight.
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November 21, 1995
y page three
Agenda Item #5, Consent Agenda
The consent agenda was approved for item #5-A, Resolution No. 95-51, in support of the
acquisition of railway trackage rights between Wylie, Texas and North Forth Worth, commonly
referred to as the "Cotton Belt" by the Fort Worth and Western Railroad.
Motion: Richarme
Second: Evans
Ayes: Richarme, Evans, Muller, Wambsganss, Fickes
Nays: None
Approved: 5-0 vote
Additional Information on Consent Item
#5-A. Resolution No. 95-51, in support of the acquisition of railway trackage rights between
Wylie, Texas and North Fort Worth. The City of Grapevine has spent considerable
funds developing a tourist attraction centered around the restoration of the old railroad
depot and planning for an extension of the Tarantula Railroad from Fort Worth to
Grapevine. If accomplished, this would provide residents of Grapevine, Colleyville and
Southlake with an extraordinary amenity, a turn-of-the-century train ride to the historic
( ) stockyards area of Fort Worth.
Agenda Item #6, Public Forum
No comments were made during the public forum.
Mayor Fickes stepped down for item #7-A
Agenda Item #7-A, Ordinance No. 480-186, 2nd reading ZA 95-103
Ordinance No. 480-186, 2nd reading (ZA 95-103), Rezoning for 0.112 acres of land in the S.
Freeman Survey, Abstract No. 535, Tract 6C, and the G.W. Main Survey No. 1098, Tract 2C1.
Current zoning is "AG" Agricultural District, with a requested zoning of "C-3" General
Commercial District. Owner: Royal Properties; Applicant: Hodges & Associates. SPIN
Neighborhood #7. Public Hearing.
Karen Gandy, Zoning Administrator, reported that six (6) notices were sent to property owners
within the 200' notification area and one (1) written response has been received from Randy
Perry, 11300 N. Central Expressway, Suite 407, Dallas, in favor. This land is a portion of the
"old" South Kimball Avenue right-of-way prior to the new alignment. It has never been zoned.
The public hearing resulted with no comments from the audience.
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Regular City Council Meeting Minutes
November 21, 1995
page four
Agenda Item #7-A, Continued
Motion was made to approve Ordinance No. 480-186, 2nd reading.
Motion: Richarme
Second: Evans
Mayor Pro Tern Wambsganss read the caption of the ordinance.
Ayes: Richarme, Evans, Muller, Wambsganss
Nays: None
Approved: 4-0 vote
Mayor Fickes returned to the Council table.
Agenda Item #7-B, Ordinance No. 480-187, 2nd reading ZA 95-77
Ordinance No. 480-187, 2nd reading ZA 95-77, Rezoning and Site Plan for Stacy Furniture
Warehouse, being 5.66 acres legally described as Block B, Lot 2, Commerce Business Park.
Current zoning is "I-1" Light Industrial District, with a requested zoning of "S-P-1" Detailed
Site Plan District to allow "I-1" Light Industrial uses as set forth in Ordinance No. 480, Section
26 and the retail sale of furniture. Owner/Applicant: James R. Stacy dba Stacy Furniture
Warehouse. SPIN Neighborhood #7. Public Hearing.
The Zoning Administrator, Karen Gandy, noted that four (4) notices were sent to property
owners within the 200' notification area and one (1) written response has been received from
Steve D. Pritchett, 2821 East Southlake Blvd., Southlake, in favor. Ms. Gandy addressed the
action taken by Council during the November 7, 1995, Council meeting, noting that the first
reading of the ordinance was approved with a 6-0 vote, subject to the Plan Review Summary
No. 5 dated November 3, 1995, as amended as follows: 1) deleting item #2A (bufferyard along
south property line); 2) modifying item #2B (requiring 6' stockade fence on the west property
line--no plant material; 3) approving the parking (179 spaces) as shown; 4) deleing item #4
(driveway throat depth requirement); and 5) permitting the interior landscape area as shown,
but provide the required plantings.
The Zoning Administrator noted the deviations from the zoning ordinance for the proposed
retail/warehouse use:
- The 201 parking spaces shown appears to be approximately 64% of the
required 313 parking spaces based on staff's understanding
of the space utilization.
- Due to an existing paved driveway on the west, the required bufferyard along this
side may need to be waived. This area is also platted as a public utility,
drainage, and access easement.
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Agenda Item #7-13, Continued
It appears that the applicant proposes only a partial bufferyard on the south.
It appears that the interior landscape area shown will be less than the approximate
11,756 s.f. area required by the landscape ordinance.
The dumpster location and screening do not meet ordinance requirements of side
or real locations with screening on all four (4) sides.
Based on the "footprint" shown, it appears that the lot coverage is 47% which
meets the maximum allowed.
The driveway entrance throat lengths do not meet the Driveway Ordinance No.
634, which would require 100' depending on the number of required parking
spaces.
Although this property has access on F.M. 1709, the plans were submitted to the City on July
21, 1995, prior to the adoption of the Corridor Study on August 1, 1995.
Rick Stacy, owner, 1000 West Southlake Blvd., Southlake. Mr. Stacy was present to answer
questions of Council.
Mr. Stacy stated he does not feel he needs to replace the chain-link fence with a stockade fence.
The chain-link fence goes all the way along the property line.
Karen Gandy, Zoning Administrator, stated the city has received a request for a zoning change
to "I-1" for property to the west.
The public hearing resulted with no comments from the audience.
Motion was made to approve Ordinance No. 480-187, 2nd reading, subject to the Plan Review
Summary No. 6 dated November 17, 1995, deleting items 2A, 2B, 4A, 5, and 6.
Motion: Wambsganss
Second: Richarme
Mayor Fickes read the caption of the ordinance.
Ayes: Wambsganss, Richarme, Evans, Muller, Fickes
Nays: None
Approved: 5-0 vote
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November 21, 1995 '
page six
Agenda Item #7-C, Ordinance No. 483-D, 2nd reading, Amending the Subdivision
Ordinance No. 483.
Tom Elgin, Planner, presented Ordinance No. 483-D, explaining as presented at the November
7 City Council meeting, these revisions address various problems that have arisen over time,
clarifying the intent of the respective regulation, resolve conflicts between the subdivision
ordinance and other ordinances and planning documents, and/or help implement the City's
geographical information system. All items discussed during the first reading have been
incorporated into the document. Mr. Elgin referenced a change requirement for additional
monuments.
Councilmember Richarme stated he feels staff should keep an eye on this to see
if it becomes a burden on small additions.
Public Hearing:
Paul Spann. Mr. Spann stated they plan to start cutting streets in Cambridge and this would
hold them up six weeks or more with this change. They need to grade before approval. If there
is a problem with grading on a project, don't penalize everyone else.
Mike Schroetke, 211 Eastwood Drive, Southlake. Mr. Schroetke asked if there is a bond system
in place in the City. Mayor Fickes stated yes there is a bond system for development in the
City.
Dennis McGrath, 2403 North Carroll Avenue, Southlake. Mr. McGrath commented on the
utility easement increasing to 10' on one property. He brought up the issue at the first reading
and stated he and Mr. Elgin have discussed this further, and he had his questions answered.
Councilmember Wambsganss asked staff if they still feel 10' is adequate, and Bob
Whitehead, Director of Public Works, stated yes.
McGrath stated he feels the problem will be with anything new development coming in, rather
than in existing areas.
Rex Potter, 303 Waterford Court, Southlake. Mr. Potter stated he is concerned with an
excavation ordinance, noting this has been brought up during the past three meetings. He stated
he feels the ordinance should be kept as it was approved at the last meeting. "Concern" and
"surprise" is his concern.
Public hearing closed.
1
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November 21, 1995
page seven
Agenda Item #7-C, Continued
Motion was made to table Ordinance No. 483-D, until December 5, 1995 Council meeting.
Motion: Wambsganss
Second: Muller
Ayes: Wambsganss, Muller, Evans, Richarme, Fickes
Nays: None
Approved: 5-0 vote
Agenda Item #7-D, Ordinance No. 652, 2nd reading
Ordinance No. 652, 2nd reading, abandonment of an easement on the MTP-IBM Property, was
presented for second reading by Bob Whitehead, Director of Public Works, who stated, the City
of Southlake has determined that this ingress and egress road easement is not being used by, nor
useful or convenient to the public in general. Because MTP-IBM is replatting this land, it would
be more beneficial for the City to abandon this easement and Quitclaim Deed the property over
to the surrounding property owners.
Ed Walts, attorney for IBM was present for the meeting.
The public hearing resulted with no comments from the audience.
Motion was made to approve Ordinance No. 652, 2nd reading.
Motion: Richarme
Second: Wambsganss
Mayor Fickes read the caption of the ordinance.
Ayes: Richarme, Wambsganss, Evans, Muller, Fickes
Nays: None
Approved: 5-0 vote
Agenda Item #8-A, ZA 95-107, Concept Plan for White Chapel Methodist Church
ZA 95-107, Concept Plan for White Chapel Methodist Church, legally described as Lot 1, Block
A, White's Chapel Church Addition, being .4657 acres situated in the O.W. Knight Survey,
Abstract No. 899. Current zoning is "CS" Community Service District. Owner: White's
Chapel United Methodist Church; Applicant: Tie Davis, J. Murray Smith Architects.
SPIN Neighborhood #10.
Ten (10) notices were sent to property owners within the 200' notification area and according
to the Zoning Administrator, Karen Gandy, one (1) written response has been received, from
Danny and Tracy Tollett, 200 Pine Street, Southlake, in favor.
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November 21, 1995 -
page eight
Agenda Item #8-A, Continued
Murray Smith, architect for the church, was present to answer questions of Council. Smith
stated they complied with the review letter, however, they have a ten foot bufferyard zone on
the east side of the property, and suggested moving the bufferyard from the east side of the
property to the west side along Pine Street.
Mr. Earl Mency, chairman of the building committee for the church, addressed Council.
Dennis McGrath, 2403 North White Chapel Blvd., Southlake. McGrath reference traffic in the
area of the church during church activities.
After discussion, a motion was made to approve ZA 95-107, as submitted, subject to the Plan
Review Summary No. 2 dated November 17, 1995, deleting items #1-A and #1-B, deleting the
driveway to the northern most new entrance, while giving them the flexibility to put the ten foot
bufferyard to the west side of the property, moving it from the east side of the property.
Motion: Wambsganss
Second: Evans
Ayes: Wambsganss, Evans, Muller, Richarme, Fickes
Nays: None
Approved: 5-0 vote =
Councilmember Wambsganss left the meeting at this time.
Agenda Item #8-B, Ordinance No. 480-T, 1st reading, amending the Zoning Ordinance No.
480 to Allow for Temporary Outside Storage for Retail uses.
Motion was made to table Ordinance No. 480-T, 1st reading, amending the Zoning Ordinance
No. 480 to allow for temporary outside storage for retail uses, time certain, December 5, 1995
City Council meeting.
Motion: Richarme
Second: Evans
Ayes: Richarme, Evans, Muller, Fickes
Nays: None
Approved: 4-0 vote (to table)
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- November 21, 1995
page nine
Agenda Item #8-C, Ordinance No. 483-E, 1st reading, amending the Subdivision
Ordinance, Addressing Private Streets.
Motion was made to table Ordinance No. 483-E, 1st reading, amending the Subdivision
Ordinance, addressing private streets, time certain December 5, 1995.
Motion: Richarme
Second: Evans
Ayes: Richarme, Evans, Muller, Fickes
Nays: None
Approved: 4-0 vote (to table)
Agenda Item #2-A, Executive Session/Continued
Mayor Fickes announced that Council will be going into executive session pursuant to Chapter
551 of the Texas Government Code, Sections 551.071, 551.072, 551.074, 551.076 of the Open
Meetings Act, to seek the advice of the City Attorney with respect to pending and contemplated
litigations and to discuss the purchase, exchange, lease or sale of real property and to consider
, the appointment and evaluation of public officials, and regarding the deployment of specific
occasions for implementation of security personnel or devises.
Council adjourned to executive session at 9:15 p.m.
Council returned to open session at 11:00 p.m.
Agenda Item #2-B, Continued
Motion was made to authorize the Mayor to enter into a contract for the acquisition of real
property for municipal use.
Motion: Muller
Second: Richarme
Ayes: Muller, Richarme, Evans, Fickes
Nays: None
Approved: 4-0 vote
Agenda Item #11-A, Discussion: Council-Manager working committees.
This item was not discussed tonight, but will be discussed at a later date.
Agenda item #12, Adjournment
The meeting was adjourned by Mayor Gary Fickes at 11:10 p.m.
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page ten
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Sandra L. LeGrand
City Secretary