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1994-07-19CITY OF SOUTHLAKE, TEXAS 667 NORTH CARROLL AVENUE REGULAR CITY COUNCIL MEETING JULY 19, 1994 MINUTES COUNCILMEMBERS PRESENT: Mayor Gary Fickes; Mayor Pro Tem, Jerry Farrier (arrived at 9:00 p.m.); Deputy Mayor Pro Tern, Ion 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; 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; 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. Agenda 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 executive session at 7:01 p.m. Council returned to open session at 7:45 p.m. Agenda Item g2B. Action Necessary/Executive Session. No action was taken as the result of the executive session. Regular City Council Meeting Minutes July 19, 1994 page two Agenda Item #3. Auuroval of the Minutes of the .lulv 5. 1994 Council Meetine. The Minutes of the City Council meeting held on July 5, 1994, were approved as presented. Motion: Franks Second: Evans Ayes: Franks, Evans, Richarme, Fickes Nays: None Abstention: Wambsganss, Apple Approved: 4-0-2 vote Aeenda Item #4-A. Mayor's Report Mayor Gary Fickes announced to the audience that Councilmembers Wambsganss and Richarme are working on revisions to Ordinance No. 506, Signs. If there is input, please notify them. On July 26, 1994, at 7:00 p.m. at City Hall, a public hearing will be held regarding S.H. 114, F.M. 1709 and F.M. 1938 Corridors. The Corridor Advisory Committee will be present for the hearing to answer questions. Agenda Item #4-B. City Manaeer's Reoort No comments were made during the Mayor's Report. Agenda Item #4-C. SPIN Renort As part of the Regular City Council meeting, representatives from SPIN groups will make reports to Council and the audience of their activities. SPIN #16. Dick Johnston Neighborhood Representative for SPIN #16 is Dick Johnston, who stated he has been a resident of Southlake since June 1983. SPIN #16 area has 190 families, and involves 10 streets. Florence Elementary School is located in this area, and all of SPIN #16 is in the Keller Independent School District. During their April 13, organizational meeting the concerns expressed were as follows: 1) update of road improvement bond status; they would like a break- down of expenditures; 2) sewers, all of the area is on septic systems and they would like to be changed over to a sewer system with the city implementing the change over. The city could run lines to residents and they will pay to tie-on. They do not feel the City should wait for developer implementation; 3) all the area feels they are not given equal representation on school issues; 4) all of Johnson Road is in bad need of repair; 5) property values are effected by them being in K.I.S.D. They would like to be changed to the Carroll I.S.D. 6) trash pick-up is a problem; 7) communications from the City to the residents is in need of improvements. However, it has gotten better; 8) they want to send minutes of their meetings to other spin Regular City Council Meeting Minutes July 19, 1994 page three Agenda Item #4-C. Continued members; 9) traffic; 10) commercial a concern. Mayor Fickes commented changing school districts is not a city matter, it takes State legislative action, and it will take Keller I.S.D. giving them up, and they more than likely will not do that. It takes a vote of a majority of the citizens in a school district to even get the issue to Austin. SPIN#4. Sco~Martin Scott Martin commented, SPIN #4 is a large centurally located area. He expressed gratitude and respect for SPIN organization. His group is probably more varied than any other. He has property size that varies from 30,000 square feet to 30 acres, the age and economic status also varies greatly. Mr. Martin commends the City Staff for being cooperative and for filling every request in a timely manner. He asked Council to continually support the program and to find a way to financially support new projects. A~enda Item #5. Consent A~enda The Consent Agenda consists of the following items: 5-A Interlocal Agreement between the City of Southlake and Tarrant County for paving of South Peytonville Avenue. 5-B Park Donation Policy. Motion was made to approve the consent agenda as presented. Motion: Richarme Second: Wambsganss Ayes: Richarme, Wambsganss, Apple, Evans, Franks, Fickes Nays: None Approved: 6-0 vote Regular City Council Meeting Minutes July 19, 1994 page four ADDITIONAL INFORMATION ON CONSENT ITEMS The Interlocal Agreement between the City of Southlake and Tarrant County for paving of South Peytonville Avenue calls for the County to reconstruct South Peytonville by stabilizing 6 inches of subgrade, apply and compact 6 inches of flex base, and resurface the roadway with 2 inches of hot mix asphalt. The County provides all labor and equipment, and the City agrees to pay for the actual cost of the materials. The estimated cost of the materials is $55,000 and is budgeted in Public Works Department, Street and Drainage Division's account 995.00 Street Infrastructure. Park Donation Policy. In recent months, staff has noticed an increase in the number of offers to make donations to the park. These donations come in the form of cash, in-kind services, or materials/equipment. The policy has been drafted to provide guidance to staff when an individual or group offers to make a donation to the park. Anenda Item//6, Public Forum Carl Erhart, 1302 Meadow Ridge Court, Southlake. Mr. Erhart stated the residents of Southlake Hills have concerns with adjacent neighborhood, Southlake Hills East using their street for travel during construction of their area, including large trucks. He stated, no one understood the amount of traffic that would be going down their streets. They expressed concerns for the safety of the children in Southlake Hills. Drainage is another concern. He urged the City Council to act before a child is injured by the traffic. Curtis Hawk, City Manager, stated the city cannot stop anyone from driving on a public street. The City will watch this and try an keep drivers from speeding in this area. Staff has tried to come up with alternatives to the track traffic on residential streets during construction. Hawk added, we can only pay attention. Mayor Fickes stated the Developer Agreements for each addition does a lot of things for the development during construction, such as keeping trash picked-up. Julio Bejarano, 1006 Southlake Hills Drive, Southlake. Mr. Bejarano stated the residents have called the developer numerous time and have not gotten a response to their calls. They are not upset with the City, only the developer. Mayor Fickes recognized Scout Troop g928, the Southlake Troop, who were present for the meeting, working on a Community Involvement Badge. Eight (8) scouts were present and welcomed to the meeting by the Mayor. Regular City Council Meeting Minutes July 19, 1994 page five Mayor Fickes stepped down for item//7-A Deputy Mayor Pro Tem Franks chaired the meeting. Anenda Item g7-A. Ordinance No. 480-137. 2nd readinn CZA 94-61l. Ordinance No. 480-137, 2nd reading (ZA 94-61), is a rezoning request for a 1.997 acre tract of land out of 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, 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. Public Hearing. Karen Gandy, Zoning Administrator, noted five (5) notices were sent to property owners within 200' and four (4) written responses have been received, all in favor, from the following: Janice Miller, Howard Cart, John and Sally Ezell, and Christ Our King Church. John Levitt, Levitt Engineers, was present for the meeting to address questions of Council. Councilmember Franks noted the property is in the DFW 75 Ldn Noise Contour and building permits cannot be issued for residential purposes. Councilmember Richarme noted this property will be rolled into other "C-3" property in the area. He questioned whether or not this property will be zoned the same as other property in this roll. John Levitt commented this "C-2" zoning request will serve as a buffer to residential property in the area. The public hearing resulted with no comments. Motion was made to approve 2nd reading of Ordinance No. 480-137. Motion: Apple Second: Evans Deputy Mayor Pro Tern Franks read the caption of the ordinance. Ayes: Apple, Evans, Wambsganss, Richarme, Franks Nays: None Approved: 5-0 vote Regular City Council Meeting Minutes July 19, 1994 page six Agenda Item #7-B. Ordinance No. 480-138.2nd readin~ (ZA 94-62). Ordinance No. 480-138, 2nd reading (ZA 94-62), Rezoning request for a 7.00 acre tract of land out of 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. Owner/Applicant: Michael and Susan Lamon. Public Hearing. Karen Gandy, Zoning Administrator commented that seven (7) notices were sent to property owners within the notification area and two written responses have been received: Harold Knight and Peter and Julie Landesberg, both in favor. Councilmember Wambsganss stated once again, that he is glad to see the property used as "RE" as opposed to "SF" in one acre lots. The public hearing resulted with no comments from the audience. Motion was made to approve Ordinance No. 480-138, 2nd reading. Motion: Richarme Second: Wambsganss Deputy Mayor Pro Tern Franks read the caption of the ordinance. Ayes: Richarme, Wambsganss, Evans, Apple, Franks Nays: None Approved: 5-0 vote Aaenda Item #7-C. Ordinance No. 607. 2nd readinn- Annexation The City Manager, Curtis Hawk, stated this property, located in Tarrant County, Southlake's extraterritorial jurisdiction, is being annexed at the request of the Town of Westlake. Due to the flood plane, Westlake felt it needed to be under some "municipal control". The property described as 0.3612 acres of land in the C.M. Throop Survey, Abstract No. 1510, Tract 7A, i~ owned by Thurman Head. Councilmember Richarme asked if the owner has responded to this annexation. The City Manager replied he is aware, and has expressed opposition to the annexation. PUBLIC HEARING: Richard Crow, 1502 Plantation Drive, Southlake. Mr. Crow requested what the length of time is before the trailer is removed from the area annexed into the city. Crow noted the trailer has been abandoned for more than six (6) months. Regular City Council Meeting Minutes July 19, 1994 page seven Mayor Fickes returned to the Council table. Agenda Item/f'/-C. Continued Motion was made to approve the annexation as presented. Motion: Apple Second: Richarme Deputy Mayor Pro Tern Franks read the caption of the ordinance. Ayes: Apple, Wambsganss, Richarme, Evans, Franks Nays: None Abstention: Fickes Approved: 5-0-1 vote Aeenda Item/r/-C. Ordinance NO. 614, 2nd readine TU Electric Rate Chance. Ordinance No. 614 is being considered for second reading, even though the rates went into effect on July 11, 1994. Southlake City Charter has a requirement that ordinances must have first and second readings, therefore, this item is being considered for second reading tonight. Sonny Rhodes Manager TH Electric was present to answer questions for Council, stating this is only a rate change, and not a rate increase. Councilmember Richarme stated Mr. Rhodes has been working with residents in the Cross Timber Hills Subdivision in an effort to work out some of the power outages. He stated he wants improved quality of service from TH Electric. PUBLIC HEARING Ed Kelly Manager, Tri County Electric. Mr. Kelly presented a letter to Council asking them to reconsider the approved ordinance, stating he cannot go against the Public Utility Commission in that the Commission of Texas has left a few small areas of the state where electric utilities compete. Section 1(2) of TU Docket 13100 undermines the intentions of the Texas PUC and the spirit of competition and fair pricing. A copy of the letter from Mr. Kelly dated July 18, 1994, is hereby included in the record. Regular City Council Meeting Minutes July 19, 1994 page eight Aeenda Item ~/-D. Continued Motion was made to approve Ordinance No. 614, 2nd reading, as presented. Motion: Franks Second: Wambsganss Mayor Fickes read the caption of the ordinance. Ayes: Franks, Wambsganss, Evans, Apple, Fickes Nays: Richarme Approved: 5-1 vote Agenda Item #8-A. Resolution No. 94-29 (ZA 94-59) Soecffic Use Permit. Resolution No. 94-29 (ZA 94-59), Specific Use Permit for the development of an indoor baseball facility and outdoor fields for instruction and entertainment per Ordinance No. 480, Section 45.1 #11, on property legally described as Lot 5, Block 1, Phase I and Lots 6 and 7, Block 1, Phase II, Greenlee Business Park and approximately 5.17 acres out of Tract 6 in the John A. Freeman Survey, Abstract No. 539. Current zoning is "I-1" Light Industrial District. Owners: E.L.F.M. Inc., and Chris Lamon. Applicant: Texas Baseball Center, David L. and Beverly Thorne and Robert Walton, Agent. Public Hearing. Karen Gandy, Zoning Administrator, commented that six (6) notices were sent to persons in the notification area, and four written responses have been received from within the notification area, including: Billie Farrar, opposed; James Lunsford of South Kimball JV, in favor; E- Systems, Inc., in favor; and Memo Industrial Planning, in favor. Five written responses have been received from outside the 200' notification area, including: James Phipps, in favor; C.W. Hood, opposed; Theron Ragan, opposed; Applied Therapeutic Sciences, in favor; Mrs. H.E. Chiles, in favor. Mrs. Gandy stated the Planning and Zoning Commission's denial of the motion to approve is in effect a recommendation for denial of the request and will require a super-majority vote by Council to approve the applicant's request. Kirk Williams, attorney for applications, stated they are requesting this item be taken back to the Planning and Zoning Commission for several reasons, including: screening, lighting, hours of operation, is this the right zoning, is this the right location, traffic, and construction of the building. Mr. Williams referenced agenda item #8-B, which will be acted upon the same time as the Specific Use Permit. Mr. Williams asked for the opportunity to present alternatives and address the concerns. Regular City Council Meeting Minutes July 19, 1994 page nine Mayor Pro Tem Jerry Farrier arrived at 9:00 p.m. Aeenda Item #8-A. Continued PUBLIC HEARING Richard Crow, 1502 Plantation, Southlake. Mr. Crow stated if this item goes back to the Planning and Zoning Commission and they vote again, that could change the number of votes needed by the City Council. Why doesn't City Council vote tonight. Billie Farrar, 600 West Park Row, Arlington. Ms. Farrar stated six weeks ago Council approved Single Family Zoning for approximately 160 acres in this area. She represents 80 acres of this property. She stated she was in full agreement for the zoning change and is well aware that the property to the east was Industrial. It does not compare to a ball park. Lighting is her main objection to having the ball park on that property. She could not develop her property with a ball park there. She asked Council to deny this request. Theron Ragan, 1513 Rainbow Street, Southlake. Mr. Pagan stated he is very opposed to this use on this land. Concerns include, noise, lights, and his property is now Single-Family. Sue Hood, 1820 Rainbow Street, Southlake. Ms. Hood stated she has lived there for twenty-five years and she hears Grapevine Stadium from her property, days and nights. The ball park in that location is not desirable. Patty Minder, 223 East Southlake Blvd., Southlake. Mrs. Minder stated they have lived there for twelve years. She referenced the investment that Woodland Heights homeowners have in their property. Concerns include noise and lights. She added, this will subject undo stress on city services, bringing services to this area. Robert Walton, applicant. Mr. Walton stated he is a partner with Beverly Thorne on this property. They will not have bands and a football stadium. The lights will face the field not the residences. There will be some noise but not to compare with 50,000 people. The facility will be in-doors. They will not have bleachers, the people will bring lawn chairs. They will not have a PA system. This center will be for young children. This is a positive thing and should not be compared to high school stadiums. Councilmember Stephen Apple commented the technology is there- - you can get lighting that you cannot see the glow, only light. Regular City Council Meeting Minutes 1uly 19, 1994 page ten Aeenda Item #8-A. Continued Corrine Tuttle, 219 Eastwood Drive, Southlake. Ms. Tuttle stated she is opposed to the baseball conter, but this is a "select baseball program." She feels they should look for another site. The program is a "facility for the Metroplex for better players." Mrs. Thorne asked for a chance to go back to the Planning and Zoning Commission. Price is an issue for this property---she feels there are some issues they can address if given the chance. Mayor Fickes noted he sees a problem with that location as it is very hard to find. He feels some substantial changes need to be made in addressing the traffic, noise, lights, location, and development of surrounding property. Councilmember Richarme stated he would like for the applicant to be able to trying and work out some of the concerns, by returning to the Planning and Zoning Commission, resolving the issues heard tonight prior to it coming back to the City Council. Motion was made to send Resolution No. 94-29 (ZA 94-59) back to the Planning and Zoning Commission for the purpose of making substantial changes as discussed above, time certain on August 18, 1994. Motion: Richarme Second: Wambsganss Ayes: Richarme, Wambsganss, Evans, Apple, Farrier, Franks Nays: Fiekes Approved: 6-1 vote A~,enda Item #8-B. ZA 94-60. Plat Revision for Texas Baseball Center. ZA 94-60, Plat Revision of Lot 6 and Lot 7, Block 1, Greenlee Business Park, Phase II, and 9.177 acres of land in the John A. Freeman Survey, Abstract No. 529, and Lot 5, Block i, Greenlee Business Park, Phase I, and being revised to Lot 5R and Lot 8, Block 1, Greenlee Business Park, Phase I. Current zoning is "I-l" Light Industrial Zoning District. Owner: E.L.F.M. Inc. and Chris Lamon. Applicant: Texas Baseball Center, David L. Thorne and Robert Walton, Agents. Regular City Council Meeting Minutes July 19, 1994 page eleven Agenda Item #8-B. Continued Motion was made to table ZA 94-60, time certain September 6, 1994. Motion: Apple Second: Evans Ayes: Apple, Evans, Wambsganss, Richarme, Farrier, Franks, Fickes Nays: None Approved: 7-0 vote (to table) Council adjourned for recess at 9:35 p.m. Council returned to open session at 9:50 p.m. Aaenda Item #4-A. Mayor's Renort. Continued Mayor Fickes introduced Sally Hall, president of the "Keep Southlake Beautiful" committee which has recently obtained its KSB Certification Certificate, in a luncheon which was held on July 14, 1994. Mrs. Hall thanked Kevin Hugman and Bob Mundlin for their efforts in making this program a reality. Councilmember Richarme stated he was given the privilege to participate in the Certification Ceremony for KSB, and expressed thanks to the committee for making it possible. Sally Hall presented the Certification Plaque to Mayor Fickes to place on exhibit at City Hall. Mrs. Hall stated only 400 Texas cities have obtained the certificate, and we are proud to be one of them. It has taken a lot of hard work and dedication on the part of the citizens of Southlake to make it possible. The committee has completed a photometric index of the city and in the next few years, will start working on effected areas. KSB has applied for two separate grants; a cluster grant with City of Grapevine and City of Colleyville and a grant for landscaping at Bicentennial Park. Mrs. Hall stated the committee with the help of the Video Club at Carroll High School, has prepared a thirteen minute video tape of Southlake. For that and for other involvement with the program, a proclamation will be presented to each of the schools in the district at their earliest assembly. A~enda Item #8-C. Ordinance No. 480-125, lsl readin~ (ZA 94-66) Ordinance No. 480-125, 1st reading (ZA 94-66) is a rezoning request for a 0.50 acre tract of land situated in the A.A. Freeman Survey, Abstract No. 522. Current zoning is "AG" Agricultural, with a requested zoning of "SF-20A" Single-Family Residential District. Owner/Applicant: Fred R. Joyce. Regular City Council Meeting Minutes July 19, 1994 page twelve A,,enda Item #8-C. Continued The Zoning Administrator, Karen Gandy, noted seven (7) notices were sent to property owners within the 200' notification area, and no written responses have been received. The 30' strip will be purchased by Arvida and incorporated via a plat revision into SouthRidge Lakes Phase VII lots. It is west of SouthRidge Lakes, Phase VII. Mayor Pro Tem Farrier asked the applicant's representative, John Levitt, what caused the delay surrounding the 30 foot. It was noted, this will extend the lot depth of six lots. Motion was made to approve Ordinance No. 480-125, 1st reading, as presented. Motion: Wambsganss Second: Evans Mayor Fickes read the caption of the ordinance. Ayes: Wambsganss, Evans, Apple, Franks, Farrier, Richarme, Fickes Nays: None Approved: 7-0 vote Aeenda Item #8-D. Ordinance No, 480-134, 1st readine (ZA 94-68) Ordinance No. 480-134, 1st reading (ZA 94-68), Rezoning and Concept Plan for a 30.4315 acre tract of land in the T.M. Hood Survey, Abstract No. 706. Current zoning is "AG" Agricultural, with a requested zoning of "CS" Community Service District. Owner/Applicant: Carroll Independent School District. The Zoning Administrator, Karen Gandy, stated four (4) notices were sent to property owners within 200' notification area, and four written responses have been received: Robin Jones, SPIN Representative Area #11, opposed; Carita A. Weaver, opposed; Kathryn Marchesano, opposed; Gary Fawks, opposed. On July 7, 1994, the Planning and Zoning Commission approved this zoning subject to the Plan Review Summary dated July 1, 1994, eliminating item #10 requiring the continuation of Chapel Downs Drive; and address the limitations due to grade differential at the south bus lane; no lights on fields; and work with city on traffic/road improvements and sidewalks along frontage. This site is the proposed location of the new combined elementary and intermediate school. Bill Branum, Superintendent of Carroll Independent School District, was present and introduced Mr. Randy Laufess, architect for the CISD. Eddie Cheatham, engineer for the CISD, was present and spoke regarding the site drainage for the CISD. He noted there is no sewer available, however, the school district looked at several options before selecting this site. The option selected in running the sewer is to put in a lift Regular City Council Meeting Minutes July 19, 1994 page thirteen Aeenda Item gS-D. Continued station and running the line to Chapel Downs. They will have a private system and connecting to Chapel Downs line across the Ted and Eleanor Kasper property. Curtis Hawk, City Manager, noted the school will obtain the easement, or they will have to go through condemnation process. A 12" water line extension will be needed, of approximately 2,300 feet. The school is concerned with down stream drainage. A detention pond will be built to hold water from the down stream. The culvert is undersized, however, they will not be increasing the size of the culvert, according to Eddie Cheatham. The school does not want the street to go through from the Oak Hill Addition. The homeowners also do not want the street to go through. If the plans are to widen Shady Oaks Drive, then side walks can be placed on the property. There will be a traffic consultant who will address the south bus area. Bill Branum stated they are asking for a delay rather than a variance regarding landscaping requirements. They plan on opening the school in November, 1995. He is asking Council for flexibility. The design of the school is to have two schools in one, with common area in the middle for cafeteria, library and auditorium. Councilmember Apple stated it is a wise use of resources for the landscaping to be shared by school, city and citizens. Larry Abernathy, 640 Truelove Trail, Southlake. Mr. Abemathy was present representing the Oak Hills Subdivision homeowners. He expressed concerns with the road going through to Shady Oaks Drive. The property owners would like something that will assure them that the road will not go through. Curtis Hawk, City Manager stated the school also does not want the road to go through, but there is nothing the City can do to say the road will never go anywhere. If at some point and time Mr. Sandlin does change his mind and develops his property, the zoning would have to be changed and notices would be given to property owners within the 200' notification area. When the thoroughfare plan was designed, Shady Oaks was not anticipated to carry the amount of traffic that it will carry with the schools, so we are still looking at the design of Shady Oaks and what that needs to be. There is a possibility that when the city completed their analysis, we may tell the school what will need to be done. Regular City Council Meeting Minutes July 19, 1994 page fourteen Aeenda Item #8-D. Continued Councilmember Evans asked staff to pull up the traffic study's and see how they compare with the traffic at this time. Councilmember Farrier stated by the second reading he would like to know what the school intends regarding the traffic plan for the school, because at this point he feels they do not know what they indent to do with the traffic flow. Motion was made to approve Ordinance No. 480-134, subject to the Concept Plan Review Summary //2, dated July 15, 1994 with the request that item #3 right-of-way reservation be removed; that a side walk be incorporated on Shady Oaks Drive; that the bufferyard and interior landscaping variance requested by the school be granted, with a two year time frame. With the two years time frame beginning on the date the Certificate of Occupancy is issued. Motion: Richarme Second: Farrier Mayor Fickes read the caption of the ordinance. Ayes: Richarme, Farrier, Franks, Evans, Wambsganss, Apple, Fickes Nays: None Approved: 7-0 vote Agenda Item #8-E. Ordinance No. 480-135. 1st readine {ZA 94-69L Ordinance No. 480-135, 1st reading, (ZA 94-69), Rezoning request for a 4.7 acre tract of land and a 4.742 acre tract of land situated in the lesse G. Allen Survey, Abstract No. 18. Current zoning is "I-1" Light Industrial District. Requested zoning is "SF-1A" Single-Family Residential District. Applicant: City of Southlake. The Zoning Administrator, Karen Gandy, noted that fifteen (15) notices were sent to property owners within the 200' notification area. Six (6) written responses were received within the 200' notification area, including: Jerry Summy, Pastor of Northeast Baptist Church, in favor; William Lppincott, opposed; Leslie Hughes, opposed; Mark Stanfield, opposed, Morris and Billie Farmer, in favor; Opal White, in favor. Three written responses were received from outside the 200' notification area, including: A.W. and June Haney, in favor; Perry and Vera Vargas, in favor; and B.J. and Mary Couch, in favor. One verbal response received from Thomas Poteet, opposed. Ms. Gandy information Council and the audience that the City is seeking to rezone this property to insure compliance with its land Use Plan. There is no established industrial use or industrial structure on this land. Regular City Council Meeting Minutes July 19, 1994 page fifteen Agenda Item #8-E. Continued Motion was made to approve Ordinance No. 480-135, 1st reading as presented. Motion: Apple Second: Richarme Mayor Fickes read the caption of the ordinance. Ayes: Apple, Richarme, Franks, Farrier, Wambsganss, Evans, Fickes Nays: None Approved: 7-0 vote A2enda Item #8-F. Ordinance No. 480-136. 1st readin2 iZA 94-70). Councilmember Stephen Apple stepped down for this agenda item. Ordinance No. 480-136, ist reading (ZA 94-70), Rezoning request for 9.836 acres being three tracts of land out of the R.P. Estes Subdivision situated in the T.W. Main Survey, Abstract No. 1107. Current zoning is "I-l" Light Industrial District, with a requested zoning of "AG" Agricultural. Applicant: City of Southlake. Karen Gandy, Zoning Administrator, noted that nine (9) notices were sent to property owners within the 200' notification area and no written responses have been received. The City is seeking to rezone this property to "AG" rather than commercial or residential due to its close proximity to the MTI-IBM joint venture development. IBM is currently the sole owner of the subject property. No industrial use or structure is established on this property. Public Comment: Richard Crow, 1502 Plantation, Southlake. Mr. Crow commented regarding the distance of notification of property owners within 200'. Mr. Crow asked if the city could send registered letters to SPIN representatives when a zoning is being considered in their SPIN area. It was noted that SPIN Representatives do receive agendas and minutes of City Council and Planning and Zoning Commission meetings. Motion was made to approve Ordinance No. 480-136, 1st reading (ZA 94-70), as presented. Motion: Wambsganss Second: Evans Mayor Fickes read the caption of the ordinance. Ayes: Wambsganss, Evans, Franks, Farrier, Richarme, Fickes Nays: None Approved: 6-0 vote Regular City Council Meeting Minutes July 19, 1994 page sixt~en Councilmember Apple returned to the Council table. Agenda Item//12. Adiourmnent. The City Council meeting was adjourned by Mayor F'~_~~ ./~l~fayor C~ Fi~es~ ATrEST: City Secretary • City of South lake, Texas CITY COUNCIL MEETING SIGN 'UP W YOU SIT MEAK DURENT- G.' THE MEETING DATE: )17tty-if /97 NAME ADDRESS TELEPHONE AGENDA ITEM Ito% etK cr, *-4 - _ A- • ct, 1 . A( SAN 40,4 / Sek\'‘I - er ` 1 1-11.1 - 0 1 I/1 e? LIO iL1-4-04-t--7,4teq / —e,or-Aze.(i S-1 . 14 • trt-e) kvxelvt) ,2 3_ L4 91' 6 • ho. MD v-e c14 1'1 ti")1(1 1 1: THE STATE OF TEXAS * COUNTY OF . jLIt 4; I , 4T(J5 as a member of the -"Or5••• * make this ffidavit and hereby on oath state following: I, and /or a erson or persons related to me, have a substantial interest in a business entity that wopl d e culiarly affected by "e.4/ a vote or decision of the those terms are defined in Chapter 171, Texas Local Government Code. I The business entity is PRI L4r (name and address) I I have a substantial interest in this business entity for the following reasons: (Check all which are applicable) t Ownership of 10% or more of the voting stock or shares of the business entity. II Ownership of 10% or more or $5,000 or more of the fair market value of the business entity. I Funds received from the business entity exceed 10% of gross income for the previous year. ID I 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 by a decision of the public body of which I am a ' E member. Upon filing of this affidavit with the City Secretary, I affirm E that I will abstain from voting on any decision involving this business entity and from any further participation on this matter whatsoever. A Signed this 17 day of , 19 / . r 1 ■ 1t Signat cr of o fir -'r R I Ti 1 0 IWO BEFORE ME, he undersigned authority, this day personally appeared and on oath stated that the facts hereinab,•' e statea are true to the best of 7 knowledge or belief. Sworn to nd subscribed to before me on this jq day of , 1 99 J SIaIORA L LE6RAND JI LL/ / . L I I , t.� * * NOTARY PUBLIC 'otary public in and for State of Texas the State of Texas ''to�� Comm. Exp.020497 My Commission • an 4, Le.-ray m/97 Type /Print N ary's Name 1 1 g .4.00 "' , c 1 1 1 0 1 1 THE STATE OF TEXAS * * i: COUNTY OF r� ,o k/E�v� * 4; 1 I, c - „, � „ _� as a member of the -�- make i s affida t a nd hereby on oath state th fol owl ing: I, and /or a person or persons related to me, have a substantial interest in a business entity that would be peculiarly affected by 1 a vote or decision of the /IT. -�•t_ g>.: as those terms are defined in Chapter 171, Texas Local Government Code. 1 II The business entity is (name and address) I I have a substantial interest in this business entity for the following reasons: (Check all which are applicable) 1 Ownership of 10% or more of the voting stock or shares of the business entity. 1 Ownership of 10% or more or $5,000 or more of the 'r market value of the business entity. 1 Funds received from the business entity exceed 10% of gross income for the previous year. ,t Real property is involved and have an equitable or legal ownership with a fair market value of at least $2,500. 1 A relative of mine has a substantial interest in the business entity or property that would be affected by a decision of the public body of which I am a . I member. Upon filing of 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 /V day of 0 / / , 19 '7 . 1 ....- _...-"c--r,...ic9- /- Signature of o'ficial 1 bz0,102,4017 fiat) 1 Title 1 BEFOR ME, the unde.r�igned authority, this day personally appeared �J and on oath stated that the EC facts reinab stated are true to the best of knowledge or belief. Sworn t and subscribed to 9i y ore me on this 19 day of 1 .1 �'"Y "` SAND 4 LE6RAND o State of Texas State of Texas ''' a Comm Exp.024497 the S / WY-4W My Commission Expires: J A 1� OB h' 1 i Type /Print Notary's Name 1 t t i c 0 • RECEIVED J U L 1 9 1994 1 tom Niire To: The His Honor Mayor Fickes and the members of the City Council, cTifSECRETAR Southlake. From: Members of the OAK HILL FSTATES Homeowners Association, and residents of that neighborhood. Re: West Chapel Downs Dr. and the possible extension of that road westward to Shady Oaks Dr. Ladies and Gentlemen: As residents of Oak Hill Estates we are concerned about the possibility of the ' extension of W. Chapel Downs through our neighborhood and on to Shady Oaks Dr. to the west. We are opposed to any extension of this road for the following reasons: 1. This extension is unnecessary, considering the expansion of Southlake Blvd., a 5 lane road less than a mile away. 2. It is dangerous, given the nature of our neighborhood. We are a small neighborhood with families, children on bicycles and baby strollers. A secondary thoroughfare here would unsafe for all. 3. As W. Chapel Downs passes our homes it rises sharply, and a setting • afternoon sun virtually eliminates the possibility of a driver all possible hazards ahead. 4. The construction of a new school near the end or W. Chapel Downs C would significant increase traffic through our neighborhood. 5. W. Chapel Downs, as a straight through street, would be an open invitation to high -speed drivers realizing that police do not often patrol secondary roads. 6. City Council agreed last year to a modification of the thoroughfare plan (calling for W. Chapel Downs to turn before it reached Shady Oaks) which address these concerns. Many residents bought homes here with the understanding that that change was permanent. We, the undersigned, respectfully request that the City Council take steps to insure that Thoroughfare plan for the City of Southlake be modified permanently to indicate that W. Chapel Downs will not be a "secondary thoroughfare." We request that no action be taken to cause the extension of this road to Shady Oaks. Larry K. Abernathy, Secretary, Oak Hill Estates Homeowners Association 1 640 Truelove Tr. Southlake, TX 488 -3759 Name Address 60 r (0 (00 Oak q CQ.Q t ' 0 ciF _HE2 (dr. .cam WeA 4Let> y 0 \„Ac }e S. . i . 10 . , t 4 A 66o ` (49V - J1Z . . 1 it 6 ----, ► , , bbo 772,60-46-(271-at:(/ /OA 5114, o 6-ee.n nalA Ln 1 v 1 !� co Oats Ln. . tr 1, (7, 6 c „ 26 C.'\ 7 i o Q 1(7 LV-Y►S gAills-a 1 Net, d. j' c �i 5 w. l )0 a 1,D.LiPtuo 1 oo [ -1 ..' c a , II r .. _ At 1 41 Ara", '' 1 ■ e /S - Cie .),A,c7 1 / 4IPA i /, 6 0 Atc_eiauue-ic, • A . I A _ l* G y0 4 "/ ! -' 1 cia,,..„. (c2_0„:__________ 6 G, 0 CA,,,,,,,,,,Xp 0 I 0 ' 1-.m,-- -_ 4 p ;a PcaciArt MO Z7/ a 1 i eettairPV 6 z 1 ; . d i 1 - %- CL,.<1.4-r_.- 60 4/ii- -i_ .c,.__ i 3 Zc" tsi c c (®was " E 1 - Sass iiu .ckefa. b i s L -i,ve' • , , . 1 AAA I. 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Ae . 0 e u g oi___, t 703 & dew 4 R- _ r 1 1 .... t a. �� � � jg'3 , ' Chi co 2 1 1; 11 3) /vd/cl ` ..2 .2.6- 6i C/A . 4) /VOA' C085 c. awi d" Ch41as. --- . g 5 , 0 iStilt, .SEll 6166 ez.L.- ot-AA--i , Pae-- eJ . _.J / / v `, ,, j7 / -t) i 0) L j. i e do b(A'A; P R Cq M / 6 sk Gg /,„_,,o,,-ti f ki II) 4 6.-vvr-Lt-P- P // Cb 'J'C ea r t 666 4lloyv r' w„. 13) lkw ,=%7,4 5 Pei? 1Pbf, "AL.., .K --1,-ti. t— _.5-4,t- /3-„,,,,, fek ‘- 14) 'h )01) ,/,,,_e„6-6-4 0 : vs) 16-1 / e a vi) Jt,,4.4a4,....3 tx.acy fr� ate .te : 15) 6 , i 1 I 1 '� : / • 0 0) t e ) , 2 2-1 A L' .. Ov I � '• 54. 411 L!, rot „, A 0,0 4. E KM- £7fl4A V J • bt-Lowl_ 1 All o t?nAt.44,---. yos- cA,,,t „El Al I 1 j 76 i 7 AA Q,( C.)7 A..*e . .- . 1 ' " L--� � riiGt��cJc . � - ' d /� 47D / � lac 4 `r 4 y 1 iWtOBWIlf, i . „ ..,, . , .- ,,,,,, , , ,_ , 1 44 . ,, D %.7 7',' /1 Le-er1 4 .,�e., g i 6 -... ./_...._ .ham 1 At: ar ' AL-a aha-I ' 0 e / V^ JJ�a ?oS 1 rteiazie. Trait 001,c-1. 1 C ' /1 L3 & q ,- 7-0S Ct✓c.`ove- l Sec,..A.L,. \,,,k t ileisil 1,Dc2,1 4 85 „1, .(,nc„\ \ .. ti t..- E ar / / ,, t // & FS I 4& i /1 . f ..-ME. I .AL-a..... f 5, /3 , 1 1 L v iri le, 0 TRI- COUNTY RECEIVED ELECTRIC COOPERATIVE, INC. IT? 9 AY A JUL 1 9 i A Powerful Alternative CITY SECRETARY KELLER DISTRICT OFFICE / 4740 KELLER HICKS RD. / KELLER, TEXAS 76248 / 817 - 431 -1541 C July 18, 1994 I: The Honorable Gary Fickes City of Southlake 667 North Carroll Avenue Southlake, Texas 76092 Dear Mayor Fickes, At your council meeting on July 5, 1994 a vote was taken to approve the request of TU Electric to implement four new tariffs. I can understand why a council would vote positive about these new tariffs. However, TU Docket 13100, Section I(2), would only benefit TU Electric customers who happen to reside in a dually certified service area and have a choice of electricity suppliers. These customers enjoy the benefit of a special negotiated rate. imemk, As I see it, fairness in pricing is the real issue. Electric utilities go to great expense with cost of service studies to make sure the different classifications of customers (residential, governmental, commercial, and industrial) are charged fairly for r electricity based on what it cost the utility to provide the Ir service. Since TU Electric only plans to reduce their rates to commercial and industrial customers in areas of competition, I aft would conclude that TU residential consumers would incur much of these reduced costs to the benefit of selected commercial and is industrial customers. pm The Public Utility Commission of Texas has left a few small areas kir of the state where electric utilities compete. As I see it, Section I(2) of TU Docket 13100 undermines the intentions of the ""' Texas PUC and the spirit of competition and fair pricing. hp Thank you for considering my thoughts. Tri- County will continue to 00 work with much enthusiasm for successful growth and economic development in Southlake. ill Sincerely, la c p / l /1 A JAMES E. KELL Manager Marketing sr C ,,,,, EK /kef OR OS City of Southlake, Texas Ilem, CITY OF SOUTHLAKE, TEXAS 1 OATH OF OFFICE 1 STATE OF TEXAS 1 COUNTY OF TARRANT /DENTON CITY OF SOUTHLAKE II "I, JOHN MOORE, do solemnly swear (or affirm) that I will faithfully execute the duties of a ZONING BOARD OF ADJUSTMENTS MEMBER, of the City of Southlake, State of Texas, and will to the best of my ability preserve, protect, and defend the Constitution : C 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 - blic office or employment, as a reward to secure my - pp•intm= t or the confirmation thereof. So help me God." rl IN ' i—Z/ *g JOHN MOORE ' i Olt SWO TO AND SUBSCRIBED BEFORE ME, T:IS THE 41 DAY OF , 1994. 41 ft26 aowmauuo,,,i GARY IC S Q S (/'4;'% MAYOR OF SOUTHLAKE ATT ST: \ 1 _1 4114 A el / X AZA.L/A. 11016._ i =ANDRA L. LEGRAND • ai CITY SECRETARY City of Southlake, Texas 1 cl CITY OF SOUTHLAKE, TEXAS OATH OF OFFICE 1 STATE OF TEXAS COUNTY OF TARRANT /DENTON 1 CITY OF SOUTHLAKE :1 "I, FRED JOYCE, do solemnly swear (or affirm) that I will faithfully execute the duties of a ZONING BOARD OF ADJUSTMENTS MEMBER, of the City of Southlake, State of Texas, and will to the best of my ability preserve, protect, and defend the Constitution IIII , 4: and Laws of the United States of America and of this State and the III Charter and Ordinances of the City. I furthermore solemnly swear (or affirm) that I have not directly nor indirectly paid, offered, al l or promised to pay, contributed, nor promised to contribute any dlii money or valuable thing, or promised any public office or employment, as a reward to secure my ap••intment or the confirmation thereof. So help me God." • 1 ‘-'-^*" 4 # J ..t —,..adiabtaliA1/6 .. ,.D JOI or Sri r ..+ SWO TO AND SUBSCRIBED BEFORE ME, THIS THE ,A _ DAY OF Ai , 1994. Ale % ► ,.aunuiu u w% /, � / .. 000F S O V �`` °` • Y F T R • j C, '"' �� , 9 ' ' t MAYOR OF SOUTHLARE ' ATT -ST: .0 a ▪ , � ii,. I � 4L /i * c�� S 'RA L. = RAND 4 CITY SECRETARY m 4 4 E City of Southlake, Texas CITY OF SOUTHLAKE, I TEXAS 1 OATH OF OFFICE 1 STATE OF TEXAS 1 COUNTY OF TARRANT/DENTON CITY OF SOUTHLAKE s 1 "I, DENNIS MINDER, do solemnly swear (or affirm) that I will faithfully execute the duties of a ZONING BOARD OF ADJUSTMENTS 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." E . / • . 4 L DENNIS MINDER SWORN T AND SUBSCRIBED BEFORE ME, THIS THE , i DAY OF 1 , 199 �uunq ��F / _ 1 `,� ° S 0u ry� MAYOR OF SOUTHLAKE -9 �n r = 1 ATTEST : �,w "4E- a , Y1 i A. ,. 1 S. � 0 RA L. LEGRAND ya CITY SECRETARY i 1 1 City of Southlake, Texas CITY COUNCIL WORK SESSION: JULY 27. 1994 NIS LOCATION: 667 North Carroll Avenue, Southlake, Texas City Council Chambers of City Hall TIME: 6:30 P.M. 1 AGENDA 1. Call to order. 2. Discussion: Proposed Fiscal Year 1994 -95 Annual Budget. 3. Meeting Adjourned. t 1 1 CERTIFICATE • I hereby certify that the above agenda was posted on the official bulletin boards at City Hall, 667 North Carroll Avenue, Southlake, Texas, on Friday, July 22, 1994 at 5:00 p.m., pursuant 1 to the Texas Government Code, Chapter 5514„... � S a �� y 1 �..lLir . A 1.4.4_/, I i C andra L. LeGrand �� City Secretary it : • If you plan to attend this public meeting and have a disability that requires special needs, please advise the City Secretary 48 hours in advance at 481 -5581 extension 704, and reasonable t accommodations will be made to assist you. cc\agn \work - session \7- 27 -94 \s1