1994-06-07CITY OF SOUTHLAKE, TEXAS
667 NORTH CARROLL AVENUE
REGULAR CITY COUNCIL MEETING
JUNE 7, 1994
COUNCILMEMBERS PRESENT: Mayor, Gary Fickes; Mayor Pro Tern, Jerry Farrier;
Deputy Mayor Pro Tern, Jon Michael Franks. Members: W. Ralph Evans, Stephen Apple,
Andy Wambsganss, and Michael Richarme.
STAFF PRESENT: Curtis E. Hawk, City Manager; Shana Rice, Assistant City Manager;
Greg Last, Director of Community Development; LouAnn Heath, Director of Finance; Bob
Whitehead, Director of Public Works; Karen Gandy, Zoning Administrator; Ron Harper, City
Engineer; Wayne K. Olson, City Attorney; and, Sandra L. LeGrand, City Secretary.
INVOCATION: Councilmember W. Ralph Evans
WORK SESSION: The Work Session began at 6:30 p.m., whereby Councilmembers and City
staff reviewed all agenda items for tonight's meeting.
The Regular City Council meeting was called to order by Mayor Gary Fickes at 7:00 p.m.
Aeenda Item #1-A. Executive Session
Mayor 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, and
551.076 of the Open Meetings Act, to seek the advice of the City Attorney with respect to
pending and contemplated litigations, to discuss the purchase, exchange, lease or sale of real
proeprty, 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 into executive session at 7:05 p.m.
Council returned to open session at 8:00 p.m.
Aeenda Item #1-B. Action Necessary/Executive Session.
Motion was made to proceed with acquiring land for utility systems as discussed in executive
session, and authorize the city staff to pursue the purchase of property as discussed in executive
session.
Motion:
Second:
Ayes:
Nays:
Apple
Evans
Wambsganss, Apple Evans, Franks, Farrier, Richarme, Fickes
None
Approved: 7-0 vote
Regular City Council Meeting Minutes
June 7, 1994
page two
Aaenda Item//2. Aooroval of the Minutes - May 17. 1994 Meetine.
The Minutes of the Regular City Council Meeting held on May 17, 1994, were approved as
presented.
Motion: Farrier
Second: Richarme
Ayes: Farrier, Richarme, Wambsganss, Apple, Evans, Franks, Fickes
Nays: None
Approved: 7-0 vote
Aeenda Item//3. Mayor's Reoort.
Mayor Fickes noted the Annual Retreat for City Council and Staff will be held on June 23rd and
24th, 1994, at Solana Education Center in Westlake. The retreat will begin at 6:00 p.m. on the
23rd of June, ending about 10:00 p.m., beginning again at 8:00 a.m. on the 24th.
This is open to the public.
Sister Cities monthly meeting will be held on Wednesday evening, June 8, 1994. They are
planning a trip to Toyoma, Japan, and are asking for citizens who wish to participate to contact
the group.
Agenda Item//4, City Mana~,er's Reoort.
City Manager, Curtis Hawk, reported that on June 28, 1994, Laidlaw garbage service will
change the date of all pick ups in Southlake. Pick-up days will be Tuesdays and Fridays, and
recycling will be on the same day. Customers will receive notice by mail prior to that time.
Aeenda Item//5. Consent Aeenda.
The consent agenda consisted of the following items:
5-Ao
Excusing the absences of Councilmember Stephen Apple from Council meetings
to be held on June 21, 1994, and July 5, 1994, per Southlake City Charter
Section 2.08 Co)(4).
5-B. Award of bid for North Carroll Avenue Roadway Pavement and Appurtenant
Project, from State Highway 114 to Dove Creek.
Resolution No. 94-27, authorizing the abandonment of a portion of Peytonville
R.O.W. and the execution of Quit Claim Deeds facilitating the transfer of the
property to the adjacent land owners.
Regular City Council Meeting Minutes
June 7, 1994
page three
Agenda Item//5. Continued
Motion was made to approve the consent agenda items//5-A, and//5-C, removing item
from the consent agenda and considering separately, as requested by a citizen.
Motion: Farrier
Second: Franks
Ayes: Farrier, Franks, Richarme, Wambsganss, Evans, Fickes
Nays: None
Abstention: Apple
Approved: 6-0-1 vote
A2enda Item //5-B. Award of Bid for North Carroll Avenue Roadway Pavement and
Anourtenant Project.
Kenneth Home, 1215 Ashmore Court, Southlake. Mr. Home questioned the North Carroll
Avenue roadway pavement project which will widen North Carroll Avenue and eliminate the
drainage ditch on the east side of the street, installing an under ground water drainage system.
He was hopeful that his area, Highland Estates, could take advantage of the drainage system,
for sewer, which would cost approximately $4,700 to $6,500 per household. He ascertained if
the citizens of Highland Estates could pay for their sewer through their water bills.
City Manger, Curtis Hawk, expressed that we have in the past
used assessment paving, and we will try to use assessment sewer
when the time comes.
Motion was made to approve agenda item #5-B, Award of bid for North Carroll Avenue
Roadway Pavement Project.
Motion: Farrier
Second: Franks
Ayes: Farrier, Franks, Richarme, Wambsganss, Apple, Evans, Fickes
Nays: None
Approved: 7-0 vote
ADDITIONAL INFORMATION ON CONSENT ITEMS
Councilmember Stephen Apple will be absent from two (2) Council meetings. According
to Section 2.08 (b)(4), Councilmember absences must be approved prior to missing two
meetings, in order to be in compliance with City Charter.
Regular City Council Meeting Minutes
June 7, 1994
page four
Aeenda Item//5. Continued
5-B. The bids were opened and publicly read aloud on May 26, 1994, for the North Carroll
Avenue Roadway Pavement and Appurtenance Project, from State Highway 114 to Dove Creek.
Low bid was Sunmount Cool, oration in the amount of $180,307.90. Funds for this project will
be provided by the $1.5 million bond sale.
Resolution No. 94-27, abandonment of a portion of Peytonville right-of-way and Quit
Claim Deed which facilitates the transfer of the property to the adjacent land owners.
The portion of Peytonville right-of-way to be abandoned was dedicated with the plat of
Continental Park Estates and exists as a strip of land between Continental Park Estates
and Monticello Addition to the east. The intent is to divide the right-of-way in pieces
and quit claim each piece to the adjacent property owner.
Agenda Item #6. Public Forum.
No comments were made during the public forum.
Aeenda Item ~6-A. Presentation: Freese & Nichols.
Tony Reed, Senior Vice-President of Freese & Nichols was present for the meeting, presenting
to the City of Southlake two copies of their new book A Century_ in the Works.
Aeenda Item gT-A. Develoner Aereement for Commerce Business Park.
Bob Whitehead, Director of Public Works, presented a Developer Agreement for Commerce
Business Park, Lots 3,4,5,6,7,8, 9, 10 and 11, Block B and Lots 1,4,5, and 6 Block C, noting
this is a commercial office complex, and there are some necessary changes required in this
agreement, including:
This agreement does not require the usual performance bond or payment bond
because no building permits will be issued on the abutting lots until all public
infrastructure water, sewer, streets are constructed and accepted by the City. The
usual maintenance bond or letter of credit will be required.
The Park Fee of $3,325 will be required and must be paid prior to the issuance
of building permits on all referenced lots.
Regular City Council Meeting Minutes
June 7, 1994
page five
Aeenda Item #7-A. Continued
Motion was made to approve the Developer Agreement for Commerce Business Park.
Motion: Apple
Second: Evans
Ayes: Apple, Evans, Franks, Richarme, Wamhsganss, Farrier, Fickes
Nays: None
Approved: 7-0 vote
Agenda Item #7-B. Ordinance No. 480-119. 2nd readin~ CZA 94-30L
Ordinance No. 480.119, 2nd reading (ZA 94-30), a Rezoning and Site Plan for a 6.6556 acre
tract of land situated in the Thomas Easter Survey, Abstract No. 474, and being legally
described as Lots 2,3,7, & 8, Block C, Commerce Business Park. Current zoning is "I-1" Light
Industrial, with a requested zoning of "S-P-1" Detailed Site Plan District. Owner: Randy Pack.
Applicant: Macatee Engineering, Inc.
Karen Gandy, Zoning Administrator, commented that three (3) notices were sent to pwperty
owners within the 200' notification area, and two (2) responses have been received: Randy Pack,
in favor; and Pan American Life, opposed.
The public hearing resulted with no comments from the audience.
Motion was made to approve Ordinance No. 480-119, 2nd reading, subject to the #3 Plan
Review Summary dat~l June 3, 1994, including: an all weather surface on the south side of the
office building; moving gates back and installing an 8" fence as shown on the plan.
Motion: Richarme
Second: Farrier
Mayor Fickes read the caption of the ordinance.
Ayes: Richarme, Farrier, Franks, Evans, Apple, Wambsganss, Fickes
Nays: None
Approved: 7-0 vote
A~,enda Item FT-C. First Public Hearin~ of Annexation of 0,361 acres of land.
The first public hearing was held regarding the annexation of 0.361 acres of land located in the
C.M. Throop Survey, Abstract No. 1510, Tract 7A. Owner of the property is Thurman Head.
It was determined that Mr. Head has been informed of this public hearing.
No comments were made during the public heating. The Mayor announced that the second
public hearing will be held on July 9, 1994, at 6:30 p.m. in the City Council chambers of City
Hall.
Regular City Council Meeting Minutes
June 7, 1994
page six
Aeenda Item gT-D. Public Hearing; Water Rate Increase for H2M Water System.
A public hearing was held regarding the water rate increase for H2M Water System, Inc.,
serving Indian Creek and Lakewood Ridge.
Mr. Bill Boomer, LandCon Inc., 4200 West Vickery, Suite 110, Fort Worth, Texas. Mr.
Boomer stated on behalf of his client, H2M Water System, he is submitting a proposed rate
increase for two public water systems within the City of Southlake, including Indian Creek and
Lakewood Ridge systems. Mr. Boomer stated currently customers are paying $17.50 for the
first 2,000 gallons per month, and the proposed increase will increase the minimum to $22.00
including the first 2,000 gallons. With a 1" meter, this rate will increase to $37.50. This will
be a 34.5% rate increase. There are approximately fifty (50) customers in Southlake, with an
average usage of 6-8 thousand gallons per month.
Diane Jensen, 4569 Homestead, Southlake. Ms. Jensen stated this is not the first increase in the
last six years, and that it is timely to ask for an increase now, when use will be higher for the
summer. They were having a lot of pressure problems, met with the company and agreed on
a new tank and larger meters. The additional well was for the city and not for the homeowers,
according to Ms. Jensen.
Councilmember Franks stated H2M bought the water system from
the developers of the area in the 1970's.
John Richardson, 4537 Homestead, Southlake. Mr. Richardson stated he is on one acre and
has fairly low usage of water. Richardson stated he does not water a lot but still has a $45.00
water bill.
Cara White, 4475 Homestead, Southlake. Ms. White stated she is a SPIN Committee Delegate
for her area, and she contacted all the citizens that would be effected by this rate increase. She
presented a petition from the residents in the effected area, which has been made a part of the
minutes of this meeting. Ms. White also presented a survey of the water rates is all the area
cities for use as a comparison. She stated she feels the quality of water is better but too costly.
Bill Sawchuk, 4553 Homestead Drive, Southlake. Mr. Sawchuk noted the notice they received
by mail and that the information in the notice is incorrect. He asked the City Council to deny
this rate increase request.
Mayor Fickes instructed the residents in Indian Creek and
I.akewood Ridge Water Systems to send a response in written form
and send to the Public Utility Commission in Austin.
Regular City Council Meeting Minutes
June 7, 1994
page seven
Agenda Item gT-D. Continued
Mr. Boomer responded to the comments of the homeowners in the service area but stated that
in comparing I-I2M rotes to other rates, it cost more to provide service using wells than surface
water.
Motion was made to deny the request for water rates to H2M Water System, therefore,
approving Ordinance No. 611, 1st reading.
Motion: Apple
Second: Richarme
Mayor Fickes read the caption of the ordinance.
Ayes: Apple, Richarme, Wambsganss, Franks, Farrier, Evans, Fickes
Nays: None
Approved: 7-0 vote
A~enda Item #$-B. Ordinance No. 610. 1st reading. Creating a Youth Advisory
Commission and Rules for its ooeration.
Curtis Hawk, City Manager, stated that Judge Brad Bradley provided a copy of a draft ordinance
creating a Youth Advisory Commission to the City Council during work session last meeting.
This program will be yet another component to our citizen participation efforts. The Youth
Advisory Commission would be created to generate broad-base public awareness of and support
for youth. The Commission would work under the direction of the Mayor and would serve in
an advisory capacity to the Mayor and City Council. The Commission will evaluate current
issues affecting youth in Southlake and bring them to the attention of the Mayor and City
Council.
Motion was made to approve Ordinance No. 610, 1st reading, Creating a Youth Advisory
Commission and roles for its operation.
Motion: Richarme
Second: Apple
Mayor Fickes read the caption of the ordinance.
Ayes: Richarme, Wambsganss, Apple, Evans, Franks, Farrier, Fickes
Nays: None
Approved: 7-0 vote
Agenda Item #8-B, Ordinance No. 480-123.1st reading (ZA 94-21).
Ordinance No. 480-123, 1st reading (ZA 94-21) is a Rezoning and Concept Plan for a 2.7 acre
tract of land situated in the William Mills Survey, Abstract No. 877, being a portion of Tract
3; and the W. Medlin Survey, Abstract No. 1588, being a portion of Tract 4.
Regular City Council Meeting Minutes
June 7, 1994
page eight
At, enda Item #8-B. Continued
Current zoning is "AG" Agricultural, with a requested zoning of "CS" Community Service
District. Owner: Alvin F. Oein, Jr. Applicant: Southwestem BellMobileSystems, Inc. Peter
Kavanagh, Agenda.
The Zoning Administrator, Karen Gandy, stated five (5) notices were sent to property owners
within 200' of the notification area, and one written response has been receiv
ed, opposing the request from W.E. Lamoreaux and Barbara Lamoreaux, 3650 T.W. King
Road, opposed the 100' tower incompatible with the proposed residential development. The
applicant proposed a 100' communication antenna and an ll'X 25' building that will house
electronic equipment. Ms. Gandy noted any antenna exceeding sixty-five' (65') will require a
specific use permit.
Peter Kavanagh, Agent, Southwestern Bell Mobile Systems, Inc. Mr. Kavanagh stated they are
asking for "CS" Zoning in order to provide an antenna for a cellular telephone cell site. The
building is approximately eleven (11) feet wide and twenty-six (26) feet long. This building
contains electronic equipment that transmits telephone cells. The antenna is one hundred (100)
feet in height that sends the radio signals to and from mobile telephones. The cell site makes
no noise and does not interfere with other types of telecommunications such as radio, television
and CB radio.
Mr. Kavanagh presented slides to explain to Council and the audience the process and other
locations of telecommunication equipment in the Metroplex, stating SW Bell only has one tower
in Southlake.
Public Comment:
Mr. Bill Lamoreaux, 3650 T.W. King Road, Southlake. Mr. Lamoreaux stated his property
is next to where they wish to place their tower. He referenced a newspaper article with regards
to problems with towers near homes in Houston. He opposes a tower in this area.
Barbara Lamoreaux, 3650 T.W. King Road, Southlake. Mrs. Lamoreaux stated she called
Southwestern Bell Mobile Systems and asked if this is the only location and stated she was told
if this site did not work out, they would go to the next site. She stated she has 100 acres next
to the proposed location which they have enjoyed for the past twenty (20) years, stating they
were annexed into Southlake a few years ago. The City Council must comply with the
homeowners who have stood by them.
Councilmember Wambsganss stated he feels the appropriate
location of the water tower site is in Trophy Club.
Regular City Council Meeting Minutes
June 7, 1994
page nine
A~enda Item #8-B. Continued
Motion was made to deny Ordinance No.480-123, 1st reading.
Motion: Wambsganss
Second: Richarme
Mayor Fickes read the caption of Ordinance No. 480-123
Ayes: Wambsganss, Apple, Evans, Franks, Farrier, Rieharme, Fickes
Nays: None
Denied: 7-0 vote
Council adjourned for recess at 9:40 p.m.
Council returned to open session at 9:50 p.m.
Agenda Item #8-C. ZA 94-37, Concent Plan for Hi~hland Meadows Montessori Academy
ZA 94-37, Concept Plan for Highland Meadows Montessori Academy on property described as
Lot 3, Block 1, Chivers Park and Tract 4H, A.H. Chivers Survey, Abstract No. 299. A
variance request to the masonry requirements for structures in the "CS" District will be reviewed
as part of this approval. Current zoning is "CS" Community Service District.
OWner/Applicant: Highland Meadow Montessori Academy.
The Zoning Administrator, Karen Gandy, noted four (4) notices were sent to property owners
within the 200' notification area, and two written responses have been received from outside the
notification area. John W. and Nancy Jackson and Marilyn McNamara. The applicant has
requested a variance to the masonry ordinance to allow a frame structure with white siding and
red trim to match the existing buildings on the campus.
Pat McCormick, Administrator, stated since the Highland Meadow Montessori Academy has
became independent of the Selwyn School in 1990, we have been the process of consolidating
the property into one unit under the school's name. We have finally been able to do that, but
it has just been fmalized this week. Our plans after the addition of the building in 1990 was to
add another building during the school year of 1995-96, however, our enrollment in the upper
elementary grades (1-6) has increased this year so much that we desperately need to add that
new addition for the 94-95 school year beginning in late August of this year. They are asking
for a variance of the exterior walls, as they want to match the existing building.
Councilmember Farrier stated that in the past, the flavor of the
school would be that "all" buildings would be temporary. Farrier
also expressed concerns with the four (4) curb-cuts onto East
Highland.
The public hearing resulted with no comments from the audience.
Regular City Council Meeting Minutes
June 7, 1994
page ten
Aeenda Item #8-C. Continued
Motion was made to approve ZA 94-37, subject to the second Plan Reviw Summary dated June
3, 1994; with the curb-cut issue being resolved by the City Staff, being limited to three and all
exits be to the right; waiving the masonry requirements; subject to the bufferyards in tact and
all other issues listed in the letter.
Motion: Farrier
Second: Apple
Ayes: Farrier, Apple, Evans, Wambsganss, Franks, Richarme, Fickes
Nays: None
Approved: 7-0 vote
Agenda Item #8-D. ZA 94-38. Plat Revision of Lot 3. Block 1. Chivers Park Addition.
ZA 94-38, Plat Revision of Lot 3, Block 1, Chivers Park Addition, and Tract 4It situated
in the A.H. Chivers Survey, Abstrtact No. 299, and being revised to Lot 3R, Block 1,
Chivers Park Addition. Current zoning is "CS" Community Service District.
Owner/Applicant: Highland Meadow Montessori Academy.
Karen Gandy, Zoning Administrator comments the same three (3) notices were sent to property
owners within the 200' notification area, as in item #8-C, and no written responses have been
received.
Motion was made to approve ZA 94-38, subject to the second Plat Review Summary dated June
3, 1994.
Motion: Apple
Second: Wambsganss
Ayes: Apple, Wambsganss, Evans, Franks, Farrier, Richarme, Fickes
Nays: None
Approved: 7-0 vote
Agenda Item #8-E. Ordinance No. 480-124, 1st reading, (ZA 94-39).
Ordinance No. 480-124, 1st reading (ZA 94-39), is a Rezoning for a 13.729 acre trct of land
situated in the Hiriam Grandberry Survey, Abstract NO. 581, bieng a portion of Lot 2, BLock
A, White Chapel Palce Addition. Current zoning is "RE" Residential Estates, with a requested
zoningof "SF-1A" Single Family Residential. Owners: Wanda Pulliam and Deloris Ann
Pearson. Applicant: Stephen J. Bezner.
The Zoning Administrator, Karen Gandy, noted thirteen (13) notices were sent to property
owners within the 200' notification area, and four written responses have been received,
including: John Koster, in favor; James Branton, undecided; James and Mary Jo Zanaboni,
Regular City Council Meeting Minutes
June 7, 1994
page eleven
Agenda Item #8-E, Continued
Ms. Gandy stated, prior to recording of this plat revision, the applicant must submit percolation
tests and a septic system feasibility analysis for the proposed lots. Should this identify potential
problems, the size of some lots may have to be increased in order to provide sufficient area for
a functional septic system or other innovative system as allowed by Tarrant County Health
Department. The nearest public sewer is approximately 550' to the east in the Timarron
development.
Stephen Bezner, 910 Lakeview Drive, Richardson. Mr. Bezner stated they are buying the
property to build their home on it. They propose to divide the thirteen (13) acres into six (6)
two (20 acre lots. Mr. Bezner stated they are committed to producing a safe neighborhood,
producing fire protection, and taking on a "Country" look. He stated he is dedicated to puffing
in sewer service. He stated he will get the easements at his cost. Bezner stated he is working
with Mr. Ruddock in regard to the flow of water.
Motion was made to approve Ordinance No. 480-124, 1st reading, as presented.
Motion: Wambsganss
Second: Franks
Mayor Fickes read the caption of the ordinance.
Ayes: Wambsganss, Franks, Farrier, Evans, Apple, Richarme, Fickes
Nays: None
Approved: 7-0 vote
Aeenda Item #8-F. ZA 94-40. Plat Revision for 13.729 acres of land.
ZA 94-40, Plat Revision of 13.729 acres situat~l in the Hiriam Grandberry Survey, Abstract
No. 581, being a portion of Lot 2, Block A, White Chapel Place Addition and being revised to
Lots 2R-l, 2R-2, 2R-3, 2R-4, 2R-5, & 2R-6, Block A, White Chapel Place Addition. Owners:
Wanda Pulliam and Deloris Ann Pearson. Applicant: Stephen J. Bezner.
The Zoning Administrator commented that this applicant has met all the review comments of the
first Plat Review Summary dated May 13, 1994, with the exception of those items addressed in
the second Plat Review Summary date June 3, 1994.
Motion was made to approve ZA 94-40, subject to the Second Plat Review Summary dated June
3, 1994.
Motion: Richarme
Second: Franks
Ayes: Richarme, Franks, Farrier, Wambsganss, Apple Evans, Fickes
Nays: None
Approved: 7-0 vote
Regular City Council Meeting Minutes
June 7, 1994
page twelve
Agenda Item #8-G. Ordinance No. 480-126. 1st reading (ZA 94-46L
Ordinance No. 480-126, 1st reading (ZA 94-46), is a rezoning request for 160 acres of land
legally described as Tracts 5, 6A, 6A1, 6B, 6B2, & 6B3, situated in the J.A. Freeman Survey,
Abstract No. 529, and Tracts 1,2,2A, 2B, 2C, & 2C1, in the J.W. Hale Survey, Abstract No.
803. Current zoning is "B-l" Business Service Park District and "I-l" Light Industrial District.
Request is for the "SF-20A" Single Family Residential District. Applicant: City of Southlake.
Director of Community Development, Greg Last, stated in February, staff forwarded to Council
a list of potential rezoning properties which are properly zoned for the existing use or have no
established use, but are not in agreement with the approved Land Use Plan or of properties
which have existing uses that are not in conformance with the zoning and/or Land Use ?lan.
This is the first group of rezoning recommended by the City Council at their April 5, 1994,
meeting. The properties are located in the southeastern portion of the city and are zoned either
"B-I" Business Service ?ark or "I-l" Light Industrial District. The City Council recommended
that these properties be rezoned to "SF-20A" Single Family Residential.
On May 19, 1994, the Planning and Zoning Commission recommended that the entire 160 acres
be rezoned to "AG" Agricultural rather than "SF-20A" Single Family Residential with a 3-2-1
vote.
PUBLIC COMMENTS:
Norman Brown, 3409 Heritage Oak Court, Grapevine. Mr. Brown stated he purchased this
property in 1978 with Light Industrial Zoning, and he would not have purchased this property
if it had been zoned residential because of its shape. Residential development of this shape
would not be desirable according to Mr. Brown. Also, this property is not desirable for
residential because of exposure to nearby overhead landing aircraft and the commercial and
heavy industrial activity on East Continental and Brumiow.
Mr. Brown commented when the "tank farm" had an explosion a
couple months ago, it jolted his renters on this property
considerably. This property is not suitable for residential.
Mr. Brown stated the purpose of the government is to protect its citizens, and he asked not to
be included in this rezoning.
Dorothy Rockenbaugh, North Carroll Avenue, Southlake. Ms. Rockenbaugh stated she is
strongly opposed to this property being rezoned Agricultural, and she is in favor of the "SF-
20A" zoning. Ms. Rockenbaugh is a property owner of fourteen (14) acres on East Continental
Blvd.
Regular City Council Meeting Minutes
June 7, 1994
page thirteen
Agenda item #8-G. Continued
Lee Foster, 1713 Rainbow, Southlake. Mr. Foster stated he is a Dallas Firefighter and
commented if Council has never seen a "tank farm" fire, he feels residential is not the best use
of this land. He is strongly opposed to a zoning change. Years ago the City of Southlake
planned for commercial and industrial in this area when the tank farms went in. Mr. Foster
asked the City Council to use common sense on this case.
Theron Ragan, 1512 Rainbow, Southlake. Bubba Ragan spoke for his family. Mr. Ragan stated
they are strongly opposed to agricultural zoning, but like Mr. Foster, they have been promised
commercial and industrial on this property, but they feel the current best use is for residential.
Their property touches Woodland Heights Addition.
Billie Farrar, 600 West Park Row, Arlington. Ms. Farrar stated she represented eight (80) acres
out of the one hundred sixty (160) being considered tonight. She stated she is convinced the
property will not be developed commercial or industrial. She believes the highest and best use
for the property is "SF-20" Single Family Residential. She asked the City Council to consider
the zoning change as proposed to "SF-20".
Mayor Fickes stated five years ago when the city did the rezoning
process, at that time very little had taken place. Council informed
the property owners in that area, that if nothing happens in five
years, Council is going to come hack and request that the zoning
be changed. The Mayor states, we have seen a tremendous
amount of interest in residential in this area.
Motion was made to approve Ordinance No. 480-126, 1st reading, as presented.
Motion: Apple
Second: Franks
Mayor Fickes read the caption of the ordinance.
Ayes: Apple, Franks, Farrier, Richarme, Wambsganss, Evans, Fickes
Nays: None
Approved: 7-0 vote
Agenda Item #8-I and #8-.1. Ordinance No. 609. 1st reading. Lone Star Gas Com_oanv. Rate
Increase or Rezolution No. 94-25.
Vernie Henderson, Lone Star Gas Company representative was present, stating on May 11,
1994, he fried a Statement of Intent to change the rates charged for natural gas service in
Southlake which is part of Lone Star's Mid-Cities distribution system. The new rates will result
in an estimated annual revenue increase for Southlake of $1,952.
Regular City Council Meeting Minutes
June 7, 1994
page fourteen
Agenda Item//8-1. Continued
Henderson stated the proposed increase in annual revenue is intended to allow Lone Star Gas
Company the recovery of its expenses and also to provide Lone Star Gas with the opportunity
to earn a fair and reasonable rate of return upon the investment in the Mid-Cities distribution
system. A reasonable return is required in order to retain the present level of investors and
attract new invested capital, according to Henderson. Mr. Henderson noted the rate increase
is appealed to the Gas Utility Regulatory Act.
Resolution No. 94-25, suspending action for 90 days, regarding the request of Lone Star Gas
Company in their request for rate increase, was approved.
Motion: Franks
Second: Apple
Ayes: Franks, Apple, Wambsganss, Evans, Farrier, Richarme, Fickes
Nays: None
Approved: 7-0 vote
Agenda Item//10B. Creating a Job Site for Snnmount Cola)oration. for Phase 2. F.M. 1709
Construction.
Greg Hutyra, Project Engineer, for Sunmount Corporation was present for the meeting, asking
Council to approve a job site for Sunmount Corporation for use in Phase 2 F.M. 1709
contraction project. Mr. Hutyra stated this will be a two (2) year project.
After discussion, motion was made to deny the request for use of a Southlake property as a job
site for the Phase 2, F.M. 1709 project, as requested.
Motion: Apple
Second: Richarme
Ayes: Apple, Richarme, Wambsganss, Evans, Franks, Farrier, Fickes
Nays: None
Approved: 7-0 vote
Council suggested the job site should be nearer the center of the
project, therefore the property location should be in City of Keller.
Agenda item//8-H. Ordinance NO. 605. 1st reodin~, Revisions to the Drainage Ordinance.
Bob Whitehead, Director of Public Works, presented Ordinance No. 605, 1st reading, revisions
to the Drainage Ordinance, and reviewed the changes as noted in his memorandum dated June
3, 1994, which is hereby attached to the minutes of the meeting.
Regular City Council Meeting Minutes
June 7, 1994
page fifteen
Aeenda Item #8-H. Continued
Motion was made to approve the 1st reading of Ordinance No. 605, with the changes being
made prior to second reading on June 21, 1994.
Motion: Apple
Second: Franks
Mayor Fickes read the caption of the ordinance.
Ayes: Apple, Franks, Evans, Wambsganss, Richarme, Farrier, Fickes
Nays: None
Approved: 7-0 vote
Agend~ Item/D-A. Resolution No. 94-09A. apnointment to SPIN #4 Standine Committee
and ~ettine terms for Standine Committee Members.
Shana Rice, Assistant City Manager, recommended Scott Martin, Dove Road, be appointed to
the SPIN Standing Committee, in Resolution 94-09A.
Motion was made to approve Resolution No. 94-09A, naming Scott Martin to SPIN Standing
Committee #4, with the youth delegate serving a one year term.
Motion: Apple
Second: Franks
Ayes: Apple, Franks, Farrier, Richarme, Wambsganss, Evans, Fickes
Nays: None
Approved: 7-0 vote
Aeenda Item #10-A. Request for Issuance of Building Permit on a Lot with an exist'me
home.
Mayor Fickes stated Bobby Harroll has requested that he be allowed to construct a new single
family dwelling on Tract 8 of Airpark Estates at 920 South Peytonville Avenue. There is an
existing single family residence already on site. He would like to continue to live there during
construction and for a few weeks after completion of the new home. Mr. Harrell explained he
plans to remove the existing home.
Motion was made to approve the letter agreement for a building permit on Tract 8 of Airport
Estates, adding, this item is directed to go hack to the Planning and Zoning Commission for
action.
Motion: Farrier
Second: Richarme
Ayes: Farrier, Richarme, Wambsganss, Apple, Evans, Franks, Fickes
Nays: None
Approved: 7-0 vote
Regular City COuncil Meeting Minutes
June 7, 1994
page sixteen
Agenda Item #1-A. Continued
Mayor Fickes advised the audience that Council would be going back into executive session
pursuant to Chapter 551 of the Texas Government Code, Section 551.072, to discuss the
purchase, exchange, lease or sale of real property.
Council adjourned to executive session at 12:05 p.m.
Council returned to open session at 12:07 p.m.
Agenda Item #1-B. Action Necessary/Executive Session
No action was necessary as the result of the City Executive.
Aeenda Item #12. Adjournment
The meeting was adjourned at 12:15 a.m., by Mayor Gary Fickes.
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AGENDA ITEM #7-D
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City of Southlake, Texas
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MEMORANDUM
June 3, 1994
•- TO: Curtis E. Hawk, City Manager
FROM: Bob Whitehead, Director of Public Works
*• Ron Harper, City Engineer
SUBJECT: Storm Drainage Policy, Ordinance No. 605
IMO
Attached is the latest version of the revised Drainage Ordinance. Ordinance No. 605 was on
the City Council agenda for discussion May 17th, but was not discussed due to the length of
meeting. The ordinance is listed for first reading this meeting, however, if following staff
discussion substantive changes need to be made prior to City Council consideration, the first
reading can be continued until next meeting, June 21st.
The current ordinance has been in effect since December 1989. Over the course of the past four
years some changes have been suggested for this ordinance, which would serve to make the
ordinance more effective m its implementation. Many of the revisions to the ordinance are
minor in nature (wording, clarification, definitions, etc.). The more substantial revisions are
covered in the following sections. Areas of the attached ordinance that have been redlined are
the proposed additional language and the areas that are struck out are to be removed.
Section Comment
1.02 Revise or add several definitions.
2.02C The technical requirements have been removed from the ordinance so that any
modifications can be dealt with by staff.
2.03C The technical requirements have been removed from the ordinance so that any
modifications can be dealt with by staff.
3.05F By prohibiting the impoundment of water in the right -of -way, we reduce the risk
to damage to the roadway subgrade.
3.05G This insures that the ordinance conforms with Texas Water Law in regards to
diversions and impoundments.
6.06 This revised section insures that adequate drainage facilities will be constructed
by the first developer to impact or exceed these structures. By requiring a
developer to construct the required structures adjacent to the property being
developed, the City can better provide for any future development within the
Oft
Ski
Curtis E. Hawk, City Manager
Storm Drainage Ordinance
June 3, 1994
Page 2
IMO
•. impacted watershed. This also clarifies the eligibility for pro rata reimbursements
if the drainage facilities will benefit other developers.
8.03B Additional conditions or situations where the use of retention and/or detention
facilities may be required.
Section Comment
9.02 This refines the definition of what is reasonably expected of an owner in
maintaining drainage facilities.
9.02D Language added by the City Attorney relative to enforcement of the maintenance
provisions of the ordinance.
Please place this on the June 7th agenda for Council consideration.
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