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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. wpffles\ec\min\6-7-94\sl AGENDA ITEM #7-D w H2M Water System Rate Increase ma ea We the residents of Indian Creek Estates & Lakewood Ridge Estates are, by signing this petition, protesting the proposed increase of water rates submitted by H2M Waters Systems, Inc. . / X3 0 e h . 01 / A #; # LA of 1 (5 9 t AP r II . , .i15.3 of MOO AIM 11553 alp" - s6 9 Oro es■teaog. 45 15 rnes o cL - 4 5- 1r ) o t, c =sr&*o £k 11 I. A 1; ' 'NW t3 () "OW ,. ' A. ® 44 7 6 1crr -e-)+ c � Dr X 4,4 (_ , CL f 447/:5 r� _ > {: �, Tpr City of Southlake, Texas isa 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. BW l e igg i 1 1' r BW \sm Attachment wpfiles \memos \drainage w ve i fh ��