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1994-07-05CITY OF SOUTHLAKE, TEXAS 667 NORTH CARROLL AVENUE REGULAR CITY COUNCIL MEETING JULY 5, 1994 COUNC1LMEMBERS PRESENT: Mayor Gary Fickes; Deputy Mayor Pro Tern, Jon Michael Franks. Members: W. Ralph Evans, Michael Richarme, and Andy Wambsganss (arrived at 9:35 p.m.) COUNCIL~MBERS ABSENT: Mayor Pro Tern, Jerry Farrier and Stephen Apple. STAFF PRESENT: Curtis E. Hawk, City Manager; Shana Rice, Assistant City Manager; LouAnn Heath, Director of Finance; Bob Whitehead, Director of Public Works; Ron Harper, City Engineer; Greg Last, Director of Community Development; Karen Gandy, Zoning Administrator; E. Allen Taylor Jr., 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 g2A. 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 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 into execution session at 7:03 p.m. Council returned to open session at 7:45 p.m. Agenda Item//2-B. Action Necessary_ No action was taken as the result of the executive session. Regular City Council Meeting Minutes July 5, 1994 page two Agenda Item #3. Aooroval of the Minutes of the June 21. 1994 Counc'll Meetine. The Minutes of the City Council meeting held on June 21, 1994, were approved as presented. Motion: Franks Second: Richarme Ayes: Franks, Richarme, Evans, Fickes Nays: None Approved: 4-0 vote Agenda Item #4-A, Mavor'~ Reoort Mayor Gary Fickes reported the annual Mayor and Councilmember Seminar will be held this year in Amarillo, on July 28-30, urging all Councilmembers to attend. Mayor Fickes announced that Mayor John Ed Keeter of Saginaw passed away suddenly on June 30, 1994. Fickes stated he will be missed by everyone who knew him. Keeter was also President of the Tarrant County Mayor's Council for 1994. Aeenda Item #4-B, City Manaeer's Report City Manager, Curtis Hawk, had no comments during this time. Agenda Item #4-C. SPIN Report Assistant City Manager, Shana Rice, stated as part of the Regular City Council meeting agenda, representatives from SPIN groups will make a report to Council and the audience. This meeting SPIN//5, Karen Reynolds, and SPIN #14, Carolyn I-Iobbs will be reporting activities in their SPIN areas. SPIN/~, Karen R~_vnolds Ms. Reynolds thanked the City Council for their innovative idea in developing SPIN, noting a member of her area feels SPIN is another layer between the City Council, Committees, and the citizens. Reynolds stated it gives someone close to home to talk to about issues of concern in the city, and that it is the perfect answer for citizens to come forward. Ms. Reynolds stated she feels there are three (3) areas where SPIN is a great idea: 1) education; 2) offering two-way dialogue; and 3) access to minutes and agendas of P&Z and Council meetings. Regular City Council Meeting Minutes July 5, 1994 page three Aoenda Item #4-C. Continued SPIN #14. Carolyn Hobbs Ms. Carolyn Hobbs stated SPIN #14 has had their organizational meeting. The agenda is on file at City Hall. They have created a good data base of SPIN members in group #14. They have completed door to door canvassing of the group. Ms. Hobbs stated concerns of this area are development and aesthetic. They want ordinances to strengthen developments, not just the bare minimums. Another concern relates to long range plans for additional fire stations, etc. in the City. Councilmember Richarme suggested in the future that staff prepare overhead transparencies of SPIN area that could be shown during this part of the agenda. A~,enda Item #5. Consent Aeenda. ' The Consent agenda consists of the following items: 5-A. Authorizing the Mayor to exeeute a Contract for Engineering Services with Cheatham and Associates, for a Critical Structure Drainage Study. Interlocal Agreement with City of Grapevine to provide Water service to residents of Grapevine, East of Lonesome Dove Road and North of Dove Road. (Former Grapevine/Southlake ETJ). Motion was made to approve the Consent Agenda consisting of items #5-A and #5-B. Motion: Richarme Second: Evans Ayes: Richarme, Evans, Franks, Fickes Nays: None Approved: 4-0 vote ADDITIONAL INFORMATION ON CONSENT ITEMS The City requires in Ordinance No. 605, Storm Drainage Policy, new development to contribute to "Critical Structures" in the drainage systems. A study of the critical drainage structure will be the first step in a Storm Water Master Plan. Because of the number of developments, it is critical to develop a comprehensive plan to address these drainage way critical structures. A proposal from Cheatham and Associates determines and analyze each "Critical Structure" (estimated to thirty-five structures) to determine the existing capacity and the future 25-year and 100-year discharge requirements; and to Regular City Council Meeting Minutes July 5, 1994 page four Agenda Item #5. Continued determine the cost of replacement. Cheatham and Associates will provide this service for a flat fee of $15,000 and will provide a preliminary draft of a map and computations in 120 days, with the final map and documents delivered 45 days after receiving the City staff's comments. Interlocal agreement with the City of Grapevine to provide for water service to residents of Grapevine in an area east of Lonesome Dove Road and north of Dove Road. The City of Grapevine annexed an area which was previously in Tarrant County and Grapevine's ETJ. The City of Southlake provided water service to nine customers in this area. Since this annexation, staff has been pursuing from Grapevine an Interlocal Agreement for providing water service to the affected citizens. The proposed agreement provides for: Southlake will provide water service to the current residents; Grapevine will allow no additional connections "without prior approval of the Southlake City Council and a written amendment to this agreement; Grapevine will reimburse Southlake for water utilized by annually using the emergency connection to provide an equal amount of water to flow to Southlake's system; Grapevine shall install meters, read the meters, and report the reading to Southlake on a monthly basis; both parties have right to terminate the agreement. Grapevine shall fully indemnify and hold harmless the City of Southlake, and of its respective officers, officials, including but not limited to the following: Southlake's failure to supply water; Southlake's failure to supply sufficient water or at sufficient water pressure; Southlake's failure to maintain the supply line; and Grapevine's failure to maintain the water lines and meters. Aeenda Item #6. Public Forum No comments were made during the public forum. Agenda Item #7-A. Ordinance No. 480-127. 2nd readine (ZA 94-48). Ordinance No. 480-127, 2nd reading (ZA 94-48) is a rezoning for a 4.3 acre tract of land out of the Isham A. Belcher Survey, Abstract No. 30, and the A. Robinson Surveys, Abstract Nos. 1131 and 1132. Current zoning is "AG" Agricultural, with a requested zoning of "SF-1A" Single Family Residential. Owner/Applicant: Platinum Ventures, Inc. T.G. Hen'on, President. The Zoning Administrator, Karen Gandy, noted that six (6) notices were sent to property owners within the 200' notification area and no written responses have been received. The property location is west of North White Chapel Blvd. adjoining the U.S. Corps of Engineers' property to the North. The public hearing resulted with no comments from the audience. Regular City Council Meeting Minutes July 5, 1994 page five Aeenda Item g7-A, Continued Motion was made to approve Ordinance No. 480.127, 2nd reading as presented. Motion: Franks Second: Evans Mayor Fickes read the caption of the ordinance. Ayes: Franks, Evans, Richarme, Fickes Nays: None Approved: 4-0 vote Aeenda Item//7-B. Ordinance No. 480-128. 2nd readinn (ZA 94-49) Ordinance No. 480-128, 2nd reading (ZA 94-49) is a rezoning of 4.312 acre tract of land situated in the A.H. Chivers Survey, Abstract No. 299. Current zoning is "AG" Agricultural, with a requested zoning of "SF-1A" Single Family Residential District. Owner/Applicant: David B. Arnold. According to the Zoning Administrator, eight (8) notices were sent to property owners within 200' and no written responses have been received. Mr. David Arnold, owner/applicant, was present for the meeting. The public hearing resulted with no comments from the audience. Motion was made to approve Ordinance No. 480-128, 2nd reading, as presented. Motion: Richarme Second: Franks Mayor Fickes read the caption of the ordinance. Ayes: Richarme, Franks, Evans, Fickes Nays: None Approved: 4-0 vote Agenda Item g7-C. Ordinance No. 480-129. 2nd reading (ZA 94-51). Ordinance No. 480-129, 2nd reading, is a rezoning request for a 6.09 acre tract of land situated in the Thomas M. Hood Survey, Abstract No. 706. Current zoning is "AG" Agricultural, with a request~l zoning of "SF-1A" Single Family Residential District. Owners/Applicants: Kathleen L. Sumner and F.L. Bailey. Regular City Council Meeting Minutes July 5, 1994 page six A~enda Item W/-C. Continued Karen Gandy, Zoning Administrator, noted that ten (10) notices were sent to property owners within the 200' notification area and the following responses have been received: James and Wanda Glover, not opposed if drainage concerns are addressed; Ruthann D. Ashew, opposed; Glen and Alice Burgess Jr., opposed; Don and Annette Weeks, opposed. Owner, Kathleen Sumner is in favor. The applicants have reapplied for plat approval reducing the number of lots to two (2), each meeting the minimum lot frontage of 100'. PUBLIC HEARING: Glen Burgess, 1253 North Peytonville Avenue, Southlake. Mr. Burgess stated he has been informed about the changes in the plat with the lot sizes. He is not opposing the one lot as the builder has assured him they will take care of the drainage problems. Motion was made to approve Ordinance No. 480-129, 2nd reading, as presented. Motion: Franks Second: Evans Mayor Fickes read the caption of the ordinance. Ayes: Franks, Evans, Richarme, Fickes Nays: None Approved: 4-0 vote Aeenda Item g7-D. Ordinance No. 480-132. 2nd reading ~ZA 94-56). Ordinance No. 480-132, 2nd reading (ZA 94-56), is a Rezoning and Site Plan for property legally described as 0.512 acres being a portion of Lot 5, Parker's Comer Addition. Current zoning is "C-2" Local retail Commercial, with a requested zoning of "S-P-I" Site Plan District. Owners: Metzger Dairies, Inc. Applicants: Drews Realty Group, Inc. Tim Vickery Vice- President, and Kwik Industries, Sid Hollingsworth, Agents. The Zoning Administrator, Karen Gandy, noted six (6) notices were sent to property owners within the 200' notification area, and one written response has been received from Joseph R. Mantheiy, Lot 4, Parker's Comer, opposed, stating this will impact Lot 4 to the south. John Drews, applicant, was present and stated the new landscape plan was decided to give the type buffering as requested by the City Council. The concern was to screen the structure from F.M. 1709. Regular City Council Meeting Minutes July 5, 1994 page seven Aeenda Item g'/-D. Continued Mayor Fickes stated he opposed the way the building sat on the property, however, after researching this issue, he feels this building will look better not being turned. 3UBLIC HEARING: Wayne Haney, 400 Brock Drive, Southlake. Mr. Haney stated he lives down stream from the Kwik Lube, and feels the drainage will go into his pond (he has fish in the pond). He feels oil will flush down the creek. Haney stated he feels the City is rushing in on odd pieces of land, changed due to the realignment of F.M. 1938. This property is right in the flood plane and will go into the creek. He expressed concerns for environmental reasons. John Drew stated some of this property is in the flood plane, but they will minimize the amount of drainage which will go into the creek. Rea Stevenson, Wier and Associates, Engineering. Mr. Stevenson stated ail the property being built on by Kwik Lube is out of the flood plane. Stevenson stated there will be no down stream impact from this project. The flood plane being reclaimed is beyond the flood-way which is regulatory land set by FEMA. Greg Last, Director of Community Development stated the rules which the City is under is established by FEMA. The Regulatory rules, that the City is under, for the filling of the flood plane is based on the requirements established by FEMA. FEMA delineates two lines, one is the flood way and one is the flood plane. The delineation of the flood way is the line in which no water can exceed one foot of elevation when you reclaim the flood plane. FEMA takes into account the reclamation of the flood plane up to the flood way. Sid Hollingsworth, 4725 Null Road, Dallas. Mr. Hollingsworth is an agent for Kwik Lube. Hollingsworth stated they do no have underground tanks. They have open tanks which are UP approved. They will have grease traps, which will be emptied regularly and records on file. Oil and grease cannot escape and go into other property. Mr. Haney would like to see an environmental study done of this property before approval is given. Haney stated he feels any type development is wrong on this small parcel of land, caused by the realignment of the State Highway. Regular City Council Meeting Minutes July 5, 1994 page eight A~end~ Item gT-D. Continued Mrs. June Haney commented that her concerns are the same as her husbands. She is concerned with bufferyards and lighting. Mrs. Haney stated citizens around her area expressed concerns that F.M. 1709 and F.M. 1938 will become another Watauga, and they oppose the change from C-2 to S-P-1. Mayor Fickes commented that under "C-2" Zoning, they could put in their use, but with "S-P-l" there are more restrictions. This project is being proposed to conform to Albertson Center, across F.M. 1938. They will have a monument sign instead of a poll sign. This business is a service used by the Southlake citizens. The drainage has been determined from city engineers and consulting engineers, as well as the EPA and the Water Commission. Mrs. Haney stated the community is concerned with lighting in regard to area homes. They are also concerned about losing the trees that are there. Sid Hollingsworth replied that the lighting will be set as to not effect the area homes or traffic. John Drews stated they are building Albertson's on all land up to Goode Airport. They are getting ready to purchase land east of the airport and also Mrs. Brown's land. It w'fll surely be a gateway to Southlake, well thought-out and planned, according to Drews. Councilmember Richarme asked Karen Gandy to list the types of uses in "C-2" Zoning District. Richarme stated he has spent time with John Drews and they have put together a good organized plan that Southlake will be proud of. This type use will be less abusive than a gasoline station. Mrs. Haney noted how their area suffered with the development of Michael Drive. They feel their property values have gone down with this development. Mayor Fickes stated he feels over time, Michael Drive should clean it self up. The zoning ordinance has been changed to help eliminate those problems. Regular City Council Meeting Minutes July 5, 1995 page nine A~,enda Item//7-D. Continued City Engineer, Ron Harper stated, they have made provisions on this development, where the rote of water flow should not be so bad, however, the quantity may be the same. The City Manager, Curtis Hawk, stated the city is in the process of having a Critical Structure Study done which will include bridges, structures, and drainage problems. Public Hearing Closed. Councilmember Richarme stated he views the S-P-1 Zoning as an opportunity for citizens to come in and work with the developer. Motion was made to approve Ordinance No. 480q32, (ZA 94-56), subject to the third summary review letter dated July 1, 1994 and in addition, part of this approval is that it be subject to the landscape or landscape ordinance, filed with the city on June 27, 1994, and if the ordinance or plan differ, whichever is greater will take precedence. Motion: Franks Second: Richarme Mayor Fickes read the caption of the ordinance. Ayes: Franks, Richarme, Evans, Fickes Nays: None Approved: 4-0 vote Agenda Item/tT-E. ZA 94-57. Plat Revision of Lot 5. Parker's Comer. ZA 94-57 is a Plat Revision of Lot 5, Parker's Comer Addition being 3.570 acres of land situated in the Jessie G. Allen Survey, Abstract No. 18, and being revised to Lots 5R1, 5R2, and 5R4, Parker's Comer Addition. Current zoning is "C-2" Local Retail Commercial, with a requested zoning of "S-P-l" Site Plan District. Owner: Metzger Dairies, Inc. Applicant: Wire & Associates, Inc., Rea Stevenson, Agent. The Zoning Administrator, Karen Gandy stated, one (1) notice was sent to pmporty owners within 200' notification area, from Joseph Mantheiy, Lot 4, Parker's Comer, opposing this action as he feels it will impact Lot 4 to the South. Regular City Council Meeting Minutes July 5, 1994 page ten Aeenda Item #7-E. Continued Motion was made to approve ZA 94-57, subject to the third Plat Review Summary dated July 1, 1994. Motion: Richarme Second: Evans Ayes: Rieharme, Evans, Franks, Fickes Nays: None Approved: 4-0 vote Aeenda Item #10-A. Rcouest for variance to Sign Ordinance No. 506. for Albertson's The Director of Public Works, Bob Whitehead, commented that Mr. Jim Oual, ABC Sign Company, has requested a variance to the Sign Ordinance for the storefront of Albertson's Marketplaco. The request is to allow them to use 36 inch, 48 inch and 60 inch lettering instead of the 24 inch maximum allowed by the Sign Ordinance. Mr. Gual's basic argument is the 520 foot setback from F.M. 1709 creates a need for larger letters on the storefront. John Drews stated when the designed the center, they planned all signs around the center. Councilmember Richarme stated John Drew's group went beyond what the city asked them to do. Motion was made to grant Albertson's a variance to Ordinance No. 506, the signage at this location, as requested. Motion: Franks Second: Evans Ayes: Franks, Evans, Richarme, Fickes Nays: None Approved: 4-0 vote Council adjourned for recess at 9:15 p.m. Council returned to open session at 9:35 p.m. Councilmember Wambsganss arrived at 9:35 p.m. Agenda Item gT-F. Ordinance NO. 480-N. 2nd readino~ Revisions to the Zoninu Ordinance NO. 480. reeardlnu Nonconformine Uses and Board of Adjustments. Ordinance No. 480-N, 2nd reading, contains revisions to the Zoning Ordinance No. 480, as amended, specifically Section 6, "Nonconforming Uses" and Section 44, "Board of Adjustments" and their role in the amortization of nonconforming uses. Public Hearing. Regular City Council Meeting Minutes July 5, 1994 page eleven Agenda Item gT-F. Continued According to Karen Gandy, Zoning Administrator, the City Attorney has added new Sections 6,9,6.10, and 6.11, which address discontinuance or abandonment of nonconforming uses, destruction of nonconforming uses, and amortization of nonconforming uses, respectfully. In the discussions of the Land Use Plan, several nonconforming uses were noted throughout the City. The Board may choose to amortize such nonconforming uses in order to promote the public welfare and to conserve, preserve and protect surrounding properties and their values. The public hearing resulted with no comments from the audience. Motion was made to approve Ordinance No. 480-N, 2nd reading, as presented. Motion: Franks Second: Richarme Mayor Fickes read the caption of the ordinance. Ayes: Franks, Richarme, Evans, Wambsganss, Fickes Nays: None Approved: 5-0 vote Agenda Item/fT-G. Ordinance No. 612, 2nd reading, vacatine and abandonlne a nortion of N0r~h Kimball Avenue. between SH 114 and FM 1709. Ordinance No. 612, 2nd reading, an ordinance vacating and abandoning a portion of North Kimball Avenue, between S.H. 114 and F.M. 1709, adjacent to Lot 1, Block 1, Kimball/1709 Addition, City of Southlake. North Kimball Avenue from Southlake Blvd. (F.M. 1709) to S.H. 114 was platted in the Kimball/1709 Addition. The final design of North Kimball requires the fight-of-way to be widened and realigned. The street design and new alignment, as approved by City Council, has made certain portions of the platted Kimball Avenue not useable, nor useful or convenient to the public, and the public would be better served and benefitted by their vacation and abandonment. The proposed fight-of-way to be abandoned is 15,507.04 sq.ft, on the east side of the platted North Kimball Avenue. The ordinance will accomplish the vacating and abandoning of the excess Kimball Avenue fight-of-way. Public Hearing: Karen Reynolds, 1860 Hunter's Creek, Southlake. Ms. Reynolds had questions regarding the purpose of this ordinance. Regular City Council Meeting Minutes July 5, 1994 page twelve Agenda Item gT-G. Continued Motion was made to approve Ordinance No. 612, 2nd reading, as presented. Motion: Rieharme Second: Wambsganss Mayor Fiekes read the caption of the ordinance. Ayes: Richarme, Wambsganss, Evans, Franks, Fickes Nays: None Approved: 5-0 vote Agenda Item/~e7-H. Ordinance No. 613, 2nd reading. Rele~asino the City of Southlako'~ ownershin interest in certain nrooertv. Ordinance No. 613, 2nd reading, an ordinance releasing the City of Southlake's ownership interest in a certain portion of right-of-way of Kimball Avenue, between S.H. 114 and F.M. 1709. Bob Whitehead, Director of Public Works, stated this ordinance authorizes and empowers the Mayor to execute a Special Warranty Deed on a certain portion of the right-of-way on North Kimball Avenue which has been vacated and abandoned. The vacated right-of-way is being released to the owners of Kimball/1709 Addition as an exchange for the same amount of additional right-of-way from Lot 1, Block 2, and Kimball/1709 Addition. This exchange is 15,507.25 sq. ft. of Lot 1, Block 2, will provide for the realignment of North Kimball Avenue between Southlake Blvd. and S.H. 114. The public hearing resulted with no comments from the audience. Motion was made to approve Ordinance No. 613, 2nd reading, as presented. Motion: Franks Second: Richarme Mayor Fickes read the caption of the ordinance. Ayes: Franks, Richarme, Evans, Wambsganss, Fickes Nays: None Approved: 5-0 vote Aeenda Item #8-A. Ordinance No. 480-137. 1st readine (ZA 94-61L Fickes. Mayor Gary Fickes stepped down for this agenda item. Deputy Mayor Pro Tern Franks served as chair. Ordinance No. 480-137, 1st reading (ZA 94-61) is a Rezoning request for a 1.997 acre tract of land situated in the G.W. Main Survey, Abstract No. 1098, Tract 2E, being a portion of a 3.68 acre tract of land as recorded in Volume 5915, Page 391, Deed Records, Tarrant County, Regular City Council Meeting Minutes July 5, 1994 page thirteen Agenda Item #8-A. Continued Texas. Current zoning is "SF-I" Single-Family Residential District, with a requested zoning of "C-2" Local Retail Commercial District. Owners/Applicants: Gary and Cathey Fickes. Karen Gandy, Zoning Administrator noted that five (5) notices were sent to property owners within the 200' notification area, and four written responses have been received, all in favor, from: Janice Miller, Howard Carr, John and Sally Ezell, and Christ Our King Church. Councilmember Richarme commented that this property falls within the 75 Ldn noise contour, therefore, a building permit could not be issued on this property. John Levitt, Levitt Engineers, was present to represent the owner/applicant. Mr. Levitt noted that several other parcels of property are also subject to purchase by the same people as they are interested in a commercial development. No public comments were received. Motion was made to approve Ordinance No. 480-137, 1st reading, as presented. Motion: Wambsganss Second: Evans Deputy Mayor Pro Tem Franks read the caption of the ordinance. Ayes: Wamsganss, Evans, Richarme, Franks Nays: None Approved: 4-0 vote Mayor Fickes returned to the Council table. Agenda Item #8-B. Ordinance No. 480-138. 1st readine (ZA 94-62) Ordinance No. 480-138, 1st reading, (ZA 94-62), is a Rezoning request for a 7.00 acre tract of land situated in the M. Mahaffey Survey, Abstract No. 916, Denton County, being a portion of a 58.078 acre tract of land as recorded in Volume 312, Page 422, Deed Records, Denton County, Texas. Current zoning is "AG" Agricultural District, with a requested zoning of "RE" Residential Estates District. Owner/Applicant: Michael and Susan Lamon. The Zoning Administrator commented that seven (7) notices were sent to property owners within 200' notification area, and two written responses have been received from Harold Knight and Peter and Julie Landesberg, in favor. Regular City Council Meeting Minutes July 5, 1994 page fou~en Aeenda Item #8-B. Continued Councilmember Wambsganss stated he is glad to see the property used as "RE" as opposed to "SF" in one acre lots. Motion was made to approve Ordinance No. 480-138, 1st reading, as presented. Motion: Richarme Second: Franks Mayor Fickes read the caption of the ordinance. Ayes: Richarme, Franks, Evans, Wambsganss, Fickes Nays: None Approved: 5-0 vote A~enda Item gs~c, Ordinance No. 607. 1st readim,. Annexation of 0,961 acres of land. Ordinance No. 607, 1st reading, annexation of 0.361 acres of land in the C.M. Throop Survey, Abstract No. 1510, Tract 7A. Owner of the property is Thurman Head. The property is located immediately east of the creek, north of the Westlake/Southlake boundary on West Dove Road. The Service Plan is included in this agenda item; the public hearings have been held and the final action by City Council will be the second reading of the ordinance on July 19, 1994. Motion was made to approve Ordinance No. 607, 1st reading, annexation of property into the City of Southlake. Motion: Richarme Second: Evans Mayor Fickes read the caption of the ordinance. Ayes: Richarme, Evans, Franks, Wambsganss, Fickes Nays: None Approved: 5-0 vote Aeenda Item #8-D. Ordinance No. 614.1st readine TU Electric Rate Chanffe. or Resolution No. 94-33. Suspending, action re~,ardin~ the rate cham,e for 90 dav~, Curtis Hawk, City Manager, referenced the letter from Mary Drake, City Attorney, which provides an overview of the process. There are three ordinances and a resolution in the packets. Council has the option to adopt any one of the four alternatives: Option #1, approve the ordinance, change subject to approval of the PUC; Option g2, approve the change; Option #3, deny the change; or Option #4, approve the resolution suspending the requested change for 90 days. Sonny Rhodes, Manager, TU Electric Company, was present to answer questions for Council. Regular City Council Meeting Minutes July 5, 1994 page fifteen A~enda Item #8-D. Continued Councilmember Richarme questioned the quality of service that the citizens of Southlake are receiving from TU Electric. Richarme asked for a reaction from Mr. Rhodes regarding rates being lowered for commercial customers. Does this mean they will come back in six (6) months asking for an increase of residential customers. Sonny Rhodes, commented that no other class of customers will be subsidizing these rates. These rates will pay their own way. Mayor Fickes stated when the City has made Economic Development presentations, we typically make them in conjunction with school districts and utility companies. He has sat in on a couple of these and by far, TU Electric comes to the table better prepared, ahead of the game more than anyone else. They are a true parmer in working with, not just the City of Southlake, but this part of the North Texas Region. They spend a lot of dollars on economic development to bring people in to this region. The City Manager, Curtis Hawk, commented that because of the filing date, the rates go into effect on July 11, 1994, and this is the only chance to have input. Motion was made to approve Option g2, Ordinance No. 614, approving the rate change. Motion: Franks Second: Evans Mayor Fickes read the caption of the ordinance. Ayes: Franks, Evans, Wambsganss, Fickes Nays: Richarme Approved: 4-1 vote Councilmember Franks stated he viewed the proposal as a useful tool in helping to bring Economic Development to our area. Regular City Council Meeting Minutes July 5, 1994 page sixteen Aeenda Item #10-B. Amendments to Ordinance No. 480. Allow Drv-Cleanin~. Karen Gandy referenced a letter she received from John Drews, Development Partner of Southlake Marketplace, requesting that Section 22, "C-Y' General Commercial District, be amended by adding a full service cleaners to the permitted uses. He further requests that the maximum floor area of such a facility be 4,000 s.f. Currently "C-2" Local Retail Commercial District permits "cleaning, dying and pressing works; laundry and washaterias" with a maximum floor area not exceeding 3,000 s.f. Motion was made to send this proposed amendment to the Planning and Zoning Commission for further consideration. Motion: Richarme Second: Wambsganss Ayes: Richarme, Wambsganss, Evans, Franks, Fickes Nays: None Approved: 5-0 vote Agenda Item #11-A. Discussion: Ordinance No. 615. Dangerous & Substandard Buildings. Bob Whitehead stated that while working with the City Attorney and Code Enforcement Officer on legal procedures for the Abatement of Dangerous Buildings, we found that our current Ordinance No. 560 does not meet all the requirements of the Texas Local Government Code, Chapter 214. City Attorney, E. Allen Taylor, commented that he proposes to come into conformance with the State Statutes by doing everything prior to abatement of dangerous buildings. This protects the interest of all players in this process. The City Manager stated at some point we need to create an appeal board with regard to material types, also there could be an appeal board for this issue. Without an appeal board, these kinds of issues will come to the City Council. The City Attorney stated he feels City Council should try and keep themselves out of it. Paul Ward, Building Official stated, currently there are ten (10) structures that have been identified. Bob Whitehead stated that if this board also serves as an appeals board for the building trades, we would need to have "trades" serve on the board. Regular City Council Meeting Minutes July 5, 1994 page seventeen A~,enda Item #11-A. Continued Curtis Hawk stated staff will draft an ordinance for the City Council to look at at the same time as Ordinance No. 615, Dangerous and Substandard Buildings. The City Council agreed to proceed with the ordinances noted above. A~,enda Item 311-B. Ali~,nment of North Kimball Avenue. This item was discussed in executive session. A~,enda Item #11-C. Ordinance No. 600. Cable Service Remflations. The City Manager stated the city has taken steps to determine if they want to regulate cable service. The standards are there to enforce, however, the City Council must take steps on how they want staff to pursue. Councilmember Franks suggested staff consider this issue as a high priority. He asked to have one (1) staff member designated for cable complaints for a two (2) month time frame, and see how it goes. He asked to have a letter sent to Harron Cable Company, asking for a complaint log over the past twelve months. Council agreed to look at this issue again in September, 1994. Agenda Item #11-D. Realienments of offset intersections. Bob Whitehead, Director of Public Works stated, in connection with the redesign of White Chapel Blvd and Dove Road, they have asked the consultants to analyze several intersections and alignments along the routes. White Cha_vel and Dove Road: This intersection is characterized by a jog in the alignment of Dove as it crosses White Chapel. They are attempting to create a more continuous flow of Dove by realigning the street. Estimates as follows for each alternative: Alternate A. Water tower site; Preliminary costs $178,000 not counting right-of-way acquisitions. · _ Alternate B. Preliminary costs $180,000 without right-of-way. Regular City Council Meeting Minutes July 5, 1994 page eighteen A~enda Item #11-D. Continued Alternate C. Adding a third lane, $300,000 without right-of-way. Alternate D. Adding a third lane on White Chapel Blvd. and a third lane on Dove Road, $360,000. City Council suggested staff go with "A" now, design the fight-of-way documents to look at acquiring the fight-of-way. Dove Road and North Carroll: This intersection has some alignment problems since the streets do not intersect at 90 degrees. Staff has recently done drainage work in this area which limits the ability to realign this intersection. The consultant has provided information as to alternatives; however, it will probably require acquisition and reconstruction of drainage facilities. Alternate A. Land to be purchased. Without land, including drainage, reconstruction is $318,000. Council stated staff should work with the engineers on this. White Chapel and Highland: This intersection has a problem in sight distance especially when attempting to turn onto White Chapel from Highland. In addition, Highland is not continuous across White Chapel, but has a "jog". Staff has asked the consultant to develop several alternatives to realign Highland and to eliminate the sight distance problem on White Chapel. Alternate A. Exhibit #7- $85,000. Alternate B. Exhibit #8- $76,000. White Chanel Curves: South of F.M. 1709 on White Chapel there are several curves that present a potential problem for site distances and vehicular safety. The consultant has identified those areas and the right-of-way requirements to realign this portion of the street. Council directed staff to proceed with the design. Allenda Item n-A, Executive Session. 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 551.074, of the Open Meetings Act, to consider the appointment and evaluation of public officials. Council adjourned into executive session at 11:45 p.m. Regular City Council Meeting Minutes July 5, 1994 page nineteen Council returned to open session at 12:20 a.m. A~enda Item #9-A. Resolution No. 94-31. apuointments to Board of Adjustments. Resolution No 94-31 was approved, appointing Fred Joyce and Dennis Minder for another term, and appointing John Moore as Alternate #1, with terms to expire in May, 1996. Motion: Richarme Second: Franks Ayes: Richarme, Franks, Evans, Wambsganss, Fickes Nays: None Approved: 5-0 vote Aeenda Item #9-B, Resolution No. 94-34, aooointments to Teen Court Advisory Committee. Resolution No. 94-34, naming Cathy Turner and Ralph Hopkins to a term on the Teen Court Advisory Committee, and naming Andy Wamabsganss as Council representative on the committee. Motion: Richarme Second: Franks Ayes: Richarme, Franks, Evans, Wambsganss, Fickes Nays: None Approved: 5-0 vote A~enda Item//12. Adjournment ~~~urned by Mayor Gary F~ ~ ~~ "e'"d~ay°r G~icke/p/ City Secretary City of Southlake, Texas CITY COUNCIL MEETING S vT-VP ' 01 TO SPEAK DURING THE MEETING -. -- DATE: 4/'2 NAME ADDRESS TELEPHONE , AGENDA ITEM r( )/,/ fya ) \ 'A a , k. /-4 so - ( a_ THE STATE OF TEXAS COUNTY OF O _ as a member of the /' make''is affidavit and hereby on oath state t/- following: I, and /or a person or persons related to me, h.ve a substantial interest in a business entity that would be peculiarly affected by a vote or decision of the as those terms are defined in Chapter 171, Texas Local Government Code. The business entity is (name and address) I have a substantial interest in this business entity for the following reasons: (Check all which are applicable) Ownership of 10% or more of the voting stock or shares of the business entity. Ownership of 10% or more or $5,000 or more of the fair market value of the business entity. Funds received from the business entity exceed 10% of gross income for the previous year. Real property is involved and have an equitable or legal ownership with a fair market value of at least $2,500. A relative of mine has a substantial interest in the business entity or property that would be affected b a decision of the public body of which I am a ember. ow/N.3 —7-14is F2/tvoirt-ig Upon filing o` this affidavit with the City Secretary, I affirm that I will abstain from voting on any decision involving this business entity and from any further participation on this matter whatsoever. Signed this 4 day of 97/(A . L , 199, /bignat � of offici.1 �- C )711-1 he Title • BEFORE �E. \ e authority, this day personally appeared 1 and on oath stated that the fact 'her= /nabove stated are true to the best of /ALL/ knowledge or belief. // Sworn t and subscribed to fore me on this day of 92,Obt. /L V I � � a tel-) N tary Public in and for o �'�` Yw SANDRA L LEGRAND the State of Texas = ' NOTARY PUBLIC � /, My Commission a • = : State of Texas �.�1 OdiL I. �'` Comm. Exp. 02.0497 Type /Print Notary's Name diim FIELDING, BARRETT & TAYLOR, L.L.P. ATTORNEYS RECEIVED 3400 BANK ONE TOWER 500 THROCKMORTON STREET FORT TELEPHONE (TEXAS 332 -2580 76102-3821 1994 (800) 318 -3400 FAX (817) 332 -4740 CITY SECRETARY Of Counsel MARY E. DRAKE Licensed in the States of Texas and Illinois and the U.S. District Court for the Central District of Illinois June 17, 1994 VIA HAND DELIVERY City of Southlake 667 North Carroll Avenue Southlake, Texas 76092 Attn: City Secretary Sandy LeGrand: Dear Ms. LeGrand: Pursuant to our telephone conversation, enclosed are three (3) Ordinances and a Resolution pertaining to the Texas Utilities Electric Rate Petitions filed with the City on June 6, 1994. Pursuant to the Public Utility Regulatory Act, Article 1446(c), §17(a), municipalities have exclusive original jurisdiction to regulate the rates, operations and services of electric utilities within the city's corporate limits. These documents represent the four (4) options available to the City in dealing with this TU Electric Petition. These are: Approve, Approve Subject to the Approval of the Public Utilities Commission, Deny, or Suspend Consideration for a maximum of ninety (90) days. If the City decides to approve the rate change, then ten percent (10 %) of the rate payers within the City may appeal this action to the Public Utilities Commission which has appellate jurisdiction over public utility rates. If the City denies the rate change then TU Electric may appeal to the Commission, which it has indicated in its Petition and Statement of Intent that it intends to do. If the City decides to approve contingent upon the approval of the Commission, then the available appellate remedy will be available to ten percent (10 %) of the rate payers following approval by the Commission. If the City decides to suspend the rates for the maximum ninety (90) day period provided in the Statute, and the ' City takes no action by the end of the suspension period, then the Statute provides that the rate change becomes effective. °^ The proposed effective date of the rate change is thirty -five (35) days following the filing of the Petition, or July 11. The City will need to place the rate change on its Council agenda for consideration at the June 21 meeting. Approval, contingent approval, or denial must be dealt with by Ordinance which requires 2 readings of the Ordinance. If this cannot be accomplished prior to July 11 through regularly scheduled meetings, I suggest that the proper course would be to pass a Resolution Suspending the rate change for June 17, 1994 Page 2 ninety (90) days to enable the City to deal with the Petition in proper form without time pressure. Let me now explain the contents of the Petition for rate change. TU Electric is asking for the ability to negotiate lower rates on a case -by -case basis to certain specified customers in certain specified situations. These are as follows: 1. Wholesale Power Competitive Pricing - Rate WPC. When a wholesale customer, such as a municipality, to which the utility is providing electricity for resale, can show to the utility's satisfaction that the customer has available to it a lower electric rate, for example, through another utility or by co- generation or self- `' generation of electricity, then TU Electric would have the ability to negotiate and offer to the wholesale customer the same rate which the customer can receive elsewhere. 2. General Service (Retail) Competitive Pricing - Rate GC. TU Electric is also asking for the ability to negotiate the same decreased rate in the same circumstance for the individual retail customer using above a certain minimum KW as well. 3. Economic Development Rider - Rider ED. This rate will enable the utility to negotiate on a case -by -case basis with new customer using 200 KW or more, or contemplating adding 200 KW or more, who can show to the utility's satisfaction that unless TU Electric provides a decreased rate the customer will not enter the TU network. In order to negotiate this rate the customer must show to TU Electric, that it will not relocate to the TU Electric network, unless certain concessions are available. This also requires the customer to show to the utility that a certain number of jobs will be available due to relocation or expansion if the economic development rate is provided. 4. Environmental Technology Rider - Rider ET. The utility is seeking the ability to provide a decreased rate to customers as an incentive to either put in, or switch to, a more environmentally beneficial technology which is based on the use of electricity. One example is the use of electrically generated ozone to treat public drinking water. Each of these rates will be available to the customer for a period of five (5) years, and each year the benefit to the customer is decreased by a certain percentage. At the end of the five (5) year period the customer would be back at the regular rate. In answer to concerns about whether TU Electric, by providing these decreased rates, would be discriminating among customers or creating an unlevel playing field, TU Electric replies that they will be providing only the rate that the customer can prove would be available to it anyway from a different service provider. Also, the ability to keep customers in the rate base, even though at reduced rates, means that the remaining customers will be less burdened in terms of the rates paid by them in order to carry the utility's service base. June 17, 1994 Page 3 Please note that the Statute provides in utility rate cases that municipalities may hire ft"` the services of consultants, including attorneys, accountants, analysts, and so forth to assist ..� them in analyzing the material provided by the utility, and seek reimbursement for those costs from the utility. If you have any additional questions concerning this, or if I may be of any assistance, please contact me. Very truly yours, Mary Jrake MED /jbs f: \files \md \solake \tu.let cc: Betsy Elam Analeslie Muncy Wayne K. Olson E. Allen Taylor City of Southlake, Texas CITY OF SOUTHLAKE TEXAS OATH OF OFFICE STATE OF TEXAS COUNTY OF TARRANT /DENTON CITY OF SOUTHLAKE "I, JOE L. WRIGHT, do solemnly swear (or affirm) that I will faithfully execute the duties of a PLANNING AND ZONING COMMISSION MEMBER, of the City of Southlake, State of Texas, and will to the best of my ability preserve, protect, and defend the Constitution and Laws of the United States of America and of this State and the Charter and Ordinances of the City. I furthermore solemnly swear (or affirm) that I have not directly nor indirectly paid, offered, or promised to pay, contributed, nor promised to contribute any money or valuable thing, or promised any public office or employment, as a reward to secure my appointment or the confirmation thereof. So help me God JOE L. IGHT SWO TO AND SUBSCRIBED BEFORE ME, THIS THE / D •F , 19 9 4. 711 -I G ARY F KES MAYOR OF S“UTHLAKE ATTEST : -,,,- : 0 -s( 1L A i..11_. 1 DRA L. LEGRAND CITY SECRETARY " J ' emoto- City of Southlake, Texas CITY OF SOUTHLAKE, TEXAS OATH OF OFFICE STATE OF TEXAS COUNTY OF TARRANT /DENTON CITY OF SOUTHLAKE "I, ERNEST JOHNSON, do solemnly swear (or affirm) that I will faithfully execute the duties of a PLANNING AND ZONING COMMISSION MEMBER, of the City of Southlake, State of Texas, and will to the best of my ability preserve, protect, and defend the Constitution and Laws of the United States of America and of this State and the Charter and Ordinances of the City. I furthermore solemnly swear (or affirm) that I have not directly nor indirectly paid, offered, or promised to pay, contributed, nor promised to contribute any money or valuable thing, or promised any public office or employment, as a reward to secure my appointment or the confirmation thereof. So help me God." . RNEST JOHNS/ SWO O AND SUBSCRIBED BEFORE ME, THIS THE 7 A/ D OF , 1994. All1111111116 GARY sCR MAYOR OF SOUTHLAKE OUTH ATTEST: ,s �.q�, / 1 SANDRA L. LEGRAND ti: CITY SECRETARY * * * iminansto- City of Southlake, Texas CITY OF SOUTHLAKE TEXAS OATH OF OFFICE STATE OF TEXAS COUNTY OF TARRANT /DENTON CITY OF SOUTHLAKE "I, RANDY ARNOLD, do solemnly swear (or affirm) that I will faithfully execute the duties of a PLANNING AND ZONING COMMISSION MEMBER, of the City of Southlake, State of Texas, and will to the best of my ability preserve, protect, and defend the Constitution and Laws of the United States of America and of this State and the Charter and Ordinances of the City. I furthermore solemnly swear (or affirm) that I have not directly nor indirectly paid, offered, or promised to pay, contributed, nor promised to contribute any money or valuable thing, or promised any public office or employment, as a reward to secure my appointment or the confirmation thereof. So help me God.' P I _ .T iY .� (.D - .. I SWO TO AND SUBSCRIBED BEFORE ME, THIS THE DAY OF , 1994. -111b - - 7 jIr IF ARY F IT' ES MAYOR OF SOUTHLAKE q►uu pt i ATT ST: o SOUTy - 0% I It. =ANDRA L. LEGRAND , a CITY SECRETARY y r * ** City of Southlake, Texas CITY OF SOUTHLAKE, TEXAS OATH OF OFFICE STATE OF TEXAS COUNTY OF TARRANT /DENTON CITY OF SOUTHLAKE "I, ARTHUR G. HOBBS, JR., do solemnly swear (or affirm) that I will faithfully execute the duties of a PLANNING AND ZONING COMMISSION MEMBER, of the City of Southlake, State of Texas, and will to the best of my ability preserve, protect, and defend the Constitution and Laws of the United States of America and of this State and the Charter and Ordinances of the City. I furthermore solemnly swear (or affirm) that I have not directly nor indirectly paid, offered, or promised to pay, contributed, nor promised to contribute any money or valuable thing, or promised any public office or employment, as a reward to secure my appointment or the confirmation thereof. So help me God." i , ' A < <. � y.. d'''M r ARTHUR G. OBBS i'. SWO TO AND SUBSCRIBED BEFORE ME, THIS THE 7 DAY OF 447 , 1994. ' A •'Y FICR S MAYOR OF SOUTHLAKE ATTEST: � ,", OB qtr 11 s S I` DRA L . 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