1993-10-05CITY OF SOUTHLAKE, TEXAS
667 NORTH CARROLL AVENUE, SOUTHLAKE
REGULAR CITY COUNCIL MEETING
OCTOBER 5, 1993
MINUTES
COUNCILMEMBERS PRESENT: Mayor, Gary Fickes; Deputy Mayor Pro Tem
Barry Emerson. Members: W. Ralph Evans, Stephen Apple, Andy
Wambsganss and Jon Michael Franks.
COUNCILMEMBER ABSENT: Mayor Pro Tem Jerry Farrier
CITY STAFF PRESENT: Curtis E. Hawk, City Manager; Deputy Director
of Public Safety, Police Services, Malcolm Jackson; Deputy Director
of Public Safety, Fire Services, Jerry Williams; Director of
Community Development, Greg Last; Director of Finance; LouAnn
Heath; Director of Public Works, Bob Whitehead; Karen Gandy, Zoning
Administrator; Shana Rice, Assistant to the City Manager; Eddie
Cheatham, City Engineer; Tom Elgin, City Planner; 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., where
Councilmembers and Staff present were able to review agenda items
for tonight's meeting.
REGULAR CITY COUNCIL MEETING: The Regular City Council meeting was
called to order at 7:05 p.m., by Mayor Gary Fickes.
Agenda Item #1-B, 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, 551.076, of the Open
Meetings Act, to seek the advice of our 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 devices.
Council adjourned into executive session at 7:05 p.m.
Council returned to open session at 7:35 p.m.
Agenda Item #1-C, Action Necessary/Executive Session
No action was necessary as the result of the executive session.
Regular City Council Meeting Minutes
October 5, 1993
page two
Acenda Item #2, Approval of the Minutes- September 21, 1993
The Minutes of the Regular City Council meeting held on September
21, 1993, were approved as presented.
Motion: Emerson
Second: Evans
Ayes: Emerson, Evans, Apple, Franks, Fickes
Nays: None
Abstention: Wambsganss
Approved: 5-0-1
Agenda Item #3, Mayor's Report
Mayor Fickes reported on September 28, and 29, 1993, the City
Manager, Curtis Hawk, LouAnn Heath, Director of Finance,
Councilmember Barry Emerson, a representative of First Southwest,
and himself, went to New York to meet with Moody's Investment
Service, Inc., and Standard and Poor's Corporation, in regard to
the city's bond rating. Fickes stated he felt it was a positive
meeting, as the city exceeded its projections of the earlier trip.
Acenda Item #4, City Manager's Report
Curtis Hawk announced that the City has been notified by Texas
Department of Transportation, that approval has been authorized for
the release of funds for right-of-way acquisition along SH 114, as
requested by a delegation from the city who went before the Texas
Transportation Commission on July 29, 1993. The Commission also
authorized SH 114, to the Dallas County line for development to
include advanced planning through the determination of right-of-
way, including necessary route and environmental studies, and
public hearing requirements.
enda Item #5 Consent Agenda
The consent agenda consisted of Item #5-A, Authorizing the City
Manager to serve on the Carroll ISD Long Range Planning Committee.
Motion was made to approve the consent agenda, item #5-A, as
presented.
Motion: Wambsganss
Second: Franks
Ayes: Wambsganss, Franks, Emerson, Evans, Apple, Fickes
Nays: None
Approved: 6-0 vote
Agenda Item #6, Pubic Forum
No items were presented during the public forum.
Regular City Council Meeting Minutes
October 5, 1993
page three
The City Manager, Curtis Hawk, presented this agenda item stating
Mr. David Callahan of 2411 Taylor Street, Southlake, has requested
a permit to operate a one day shooting range for BB guns and bows
and arrows for the Cub Scout Pack #507. Mr. Callahan is aware of
the ordinance which prohibits the discharge of a weapon designed as
an air projectile, air rifle, etc., that uses compressed air or
gas. He is also aware of the provision of the ordinance that
authorizes certain activities if a permit is first obtained from
the City Council. Director of Public Safety, Billy Campbell,
indicated that the request by Mr. Callahan is reasonable and should
be of no problem insofar as public safety is concerned. This is
the first permit under the Firearms Ordinance No. 527, that has
come before the City Council.
Mr. David Callahan was present during the work session and answered
questions for City Council, and indicated they would like the
permit for October 30, 1993, or November 6, in the event of rain on
the 30th. The permitted location for the range will be behind
Johnson Elementary on North Carroll Avenue.
!1' Motion was made to approve the request for a one day shooting range
as noted above.
Motion: Apple
Second: Emerson
Ayes: Apple, Emerson, Franks, Evans, Wambsganss, Fickes
Nays: None
Approved: 6-0 vote
The City Manager, Curtis Hawk, stated during the Budget work
sessions for FY 93-94, Council approved the TMRS Buy -Back
provision. In order to make the option official, the Council must
adopt an ordinance approving the option. This option allows the
employee to recoup credit for previous city service in TMRS by
redepositing the amount previously withdrawn plus a 5% per year
withdrawal fee. The City becomes obligated for matching the
employee contribution at retirement. Forfeited service that is
purchased under this provision is once again included in the
creditable service needed by an employee to qualify for a
retirement benefit.
The public hearing resulted with no comments from the audience.
.�^ Regular City Council Meeting Minutes
October 5, 1993
page four
Agenda Item #7-A. Continued
Motion was made to approve Ordinance No. 593, 2nd reading, TMRS
Buy -Back Provision.
Motion: Emerson
Second: Apple
Mayor Fickes read the caption of Ordinance No. 593.
Ayes: Emerson, Apple, Evans, Franks, Wambsganss, Fickes
Nays: None
Approved: 6-0 vote
Agenda Item #7-B. Ordinance No. 594. 2nd reading. Cable Rate
Regulation.
The City Manager presented this item, stating the Cable Rate
Regulation ordinance that is being considered for second reading,
is necessary in connection with becoming certified by the FCC to
regulate basic cable rates. The City Attorney's office has
prepared the certification application form for the City, which was
received by the FCC on September 1.
The public hearing resulted with no comments from the audience.
le�� Motion was made
presented.
Motion: Emerson
Second: Franks
Mayor Fickes
Ayes: Emerson,
Nays: None
to approve Ordinance No. 594, 2nd reading, as
read the caption of Ordinance No. 594.
Franks, Wambsganss, Evans, Apple, Fickes
Approved: 6-0 vote
Agenda Item #8-A, Ordinance No. 480-96, 1st reading (ZA 93-69)
Ordinance No. 480-96, 1st reading (ZA 93-69) is a rezoning request
for 1.0 acre being a portion of 1.959 acres, situated in the O.W.
Knight Survey, Abstract No. 899, Tract 2B3C, being revised to Lot
3, O.W. Knight No. 899 Addition. Existing zoning is "AG"
Agricultural, with requested zoning of "SF -IA" Single Family
Residential District. Owner/Applicant: Richard and Debbie
Garrett.
The Zoning Administrator, Karen Gandy, noted four (4) notices were
sent to property owners within 200' and one (1) response was
received from Thomas Watson, 286 Lilac Lane, who is in favor of the
request. On September 23, 1993, the Planning and Zoning Commission
recommended approval with a 6-0 vote.
r- Mr. Richard Garrett, was present to answer questions for Council.
Regular City Council Meeting Minutes
October 5, 1993
page five
Agenda Item #8-A. Continued
Motion was made to approve Ordinance No. 480-96, 1st reading, as
requested.
Motion: Franks
Second: Evans
Mayor Fickes read the caption of Ordinance No. 480-96.
Ayes: Franks, Evans, Apple, Wambsganss, Emerson, Fickes
Nays: None
Approved: 6-0 vote
Agenda Item #8-B Ordinance No. 480-97, 1st reading (ZA 93-70).
Ordinance No. 480-97, 1st reading, is a rezoning request for 0.959
acres being a portion of 1.959 acres situated in the O.W. Knight
Survey, Abstract No. 899, Tract 2B3C, being revised to Lot 4, O.W.
Knight No. 899 Addition. Existing zoning is "AG" Agricultural with
a requested zoning of "SF-20B" Single Family Residential District.
Owner/Applicant: Richard and Debbie Garrett.
Karen Gandy, Zoning Administrator, noted this proposed lot is the
site of the Garrett's existing home. They have requested this
zoning so that the existing home will be conforming with the 1,500
square feet minimum rather than the 1,800 square feet in the "SF-
30" District. Kirk Fuqua with Tarrant County Health Department has
approved this existing septic system with the proposed lot size and
configuration.
Again, four (4) notices were sent to property owners within 200'
and Mr. Thomas Watson, 286 Lilac Lane, responded in favor of the
request.
Motion was made to approve the 1st reading of Ordinance No. 480-97,
as presented.
Motion: Wambsganss
Second: Emerson
Mayor Gary Fickes read the caption of Ordinance No. 480-97.
Ayes: Wambsganss, Apple, Evans, Franks, Emerson, Fickes
Nays: None
Approved: 6-0 vote
ZA 93-71, Plat Showing of Lot 3 & 4, O.W. Knight No. 899 Addition,
being a 1.959 acre tract situated in the O.W. Knight Survey,
Abstract No. 899, Tract 2B3C. Owner/Applicant: Richard and Debbie
Garrett.
W
/^ Regular City Council Meeting Minutes
October 5, 1993
page six
Agenda Item #e-C, Continued
The Zoning Administrator commented the applicant has met all the
review comments of the first Plat Review Summary dated September
17, 1993, with the exception of those items addressed in the
attached second Plat Review Summary dated October 1, 1993. The
same four (4) notices were sent to property owners within 200' and
Mr. Thomas Watson, responded, in favor of the request.
Motion was made to approve the Plat Showing,
Plat Review Summary dated October 1 1993.
Motion: Franks
Second: Apple
Ayes: Franks, Apple, Evans, Wambsganss,
Nays: None
Approved: 6-0 vote
subject to the second
Emerson, Fickes
ZA 93-72, a request for Concept Plan approval of an office
building, being legally described as Lot 2, Block 3, Diamond Circle
Estates. Owner: Double Creek Capital Corp. Applicant: Gary
Yarbrough.
It was noted by the Zoning Administrator, that the applicant
proposes an 8,874 square foot, single story building which will be
used as offices for Remax 114 Realtors. Nine (9) notices were sent
to property owners within 2001, with responses being one (1) in
favor, from John Stevenson, and one (1) opposed, from Michael
Totin.
on September 23, 1993, the Planning and Zoning Commission
recommended approval of the concept plan, subject to the Plan
Review Summary dated September 17, 1993, deleting the "provided
bufferyard" column as shown in Item #7 and recommending that a
double fence not be required on the northern boundary. The
applicant has met all the review comments of the first Plan Review
Summary dated September 17, 1993, with the exception of those items
addressed in the Plan Review Summary dated October 1, 1993.
Mr. Bob Brumsted, Remax 114 and Gary Yarbrough were present to
answer questions for Council. Mr. Yarbrough stated his concerns
include: Staff recommendation that they put a 3' berm or hedge
across the front of the property. With the 6' ledge, added to the
3' berm, it would hide the building; and, while they agree with the
landscape ordinance, staff has asked for bufferyards on each side
of the property. If they comply, they feel they will do away with
the lot as a commercial tract. They are asking for a variance on
Regular City Council Meeting Minutes
October 5, 1993
page seven
Agenda Item #8-D. Continued
landscape ordinance on the front and on the bufferyards along the
sides and front, as they will impact the visibility it will have.
Greg Last, Director of Planning, commented, what staff is asking
for is the intent of the ordinance that was approved by the City
Council. The concern of Mr. Yarbrough is the height in the front
of the property.
Mayor Fickes stated he received a call from Mr. John Stevenson, who
asked why the city is requesting bufferyards on the sides of the
property.
Councilmember Apple stated he does not feel we should go against
our own ordinance.
Mr. Last stated he has no problem with going with smaller, shorter
plants.
Mr. Mark Duncan, Co-owner of the property to the west, stated, the
bufferyards will shut down the visibility on his property.
!^ Councilmember Emerson stated Council must be careful-- if
variances are allowed, it may create a problem, as all of F.M.
1709 is beginning to develop.
Motion was made to approve ZA 93-72, Concept Plat for an office
building, subject to the second Plat Review Summary dated
October 1, 1993, deferring the double fence at this time.
Motion: Apple
Second: Evans
Ayes: Apple, Evans, Wambsganss, Franks, Emerson, Fickes
Nays: None
Approved: 6-0 vote
Greg Last stated he will work with the developers on
shorter shrubs along the front property line.
ZA 93-74, Plat Revision of Lots 4R1 and 4R2 Block 1, Amaya
Addition, being situated in the L.H. Chivers Survey, Abstract No.
300. Applicants: Gene Kizziar and Bob Kresler.
�^ Regular City Council Meeting Minutes
October 5, 1993
page eight
Agenda Item #8-E, Continued
This item was recommended for approval by the Planning and Zoning
Commission on September 23, 1993, subject to the Plat Review
Summary dated September 17, 1993, and deleting item #4 which
required the minimum lot width of 125' at the rear property line.
Five (5) notices were sent to property owners within 200' with one
(1) written response, from Robert McPherson, 160 E. Dove Road in
favor of the request.
Motion was made to approve ZA 93-74, Plat Revision, subject to the
second Plat Review Summary dated October 1, 1993, to include
deletion of item #2, relating to rear lot width.
Motion: Wambsganss
Second: Evans
Ayes: Wambsganss, Evans, Apple, Franks, Emerson, Fickes
Nays: None
Approved: 6-0 vote
Agenda Item #8-F, ZA .93-76, Concept Plan approval for Office
Building in Woodland Heights.
ZA 93-76, a concept plan for an office building, being legally
described as Lot 1, Block 1, Woodland Heights. Owner: Patrick
Monahan dba Tel Support. Applicant: Colleen Adams.
Mrs. Karen Gandy informed Council that the applicant proposes to
add a third building to the site between the two existing
buildings. The 3,000 square feet, single story structure will be
used as a data/office center, operating around -the -clock, but
manned from 8:00 a.m. to 5:00 p.m. This site is located within the
Airport Overlay Zone which requires certain design/construction
standards to be met. The applicant's request of a waiver of these
requirements will need to be addressed by the Zoning Board of
Adjustments.
Six (6) notices were sent to property owners within 200' and two
verbal responses have been received. George Barclay, 205 Westwood,
in favor; Don Light, 200 Westwood, in favor, but offered concern
about the proposed building's close proximity to the pipeline
easement and the side setback line. Two written responses from
residents outside of the required notification area, were received:
Donna Slechta, 218 Eastwood Drive, opposed, and Johnny & Susan
Campbell, 218 Westwood opposed.
The applicant has met all the review comments of the first Plat
Review Summary dated September 17, 1993, with the exception of
those items addressed in the attached second Plat Review Summary
dated October 1, 1993.
Regular City Council Meeting Minutes
October 5, 1993
page nine
Agenda Item #8-F. Continued
Jim Munday, 805 Patricia, Sherman, Texas. Mr. Munday was present
representing the owners of the building. He stated, the exterior
of the building will be identical to the two others. Tel Support,
Inc., will be moving the business from other areas. They write
software for large businesses, and the building will house
computers. The data center will have two to three employees during
the daytime.
No comments were received from the audience.
Motion was made to approve the Concept Plan for an office building,
as noted above, subject to the second Plat Review Summary dated
October 1, 1993.
Motion: Emerson
Second: Apple
Ayes: Emerson, Apple, Evans, Wambsganss, Franks, Fickes
Nays: None
Approved: 6-0 vote
1979.
A discussion was held in regard to the creation of an Industrial
Development Corporation established under the Development
Corporation Act of 1979, and the appointment of the Board of
Directors.
A draft of a resolution creating the Industrial Development
Corporation was presented for Council review. Curtis Hawk stated
the articles of incorporation are drafted broadly, therefore
permitting some flexibility in administering the corporation.
Council discussed the proposed resolution, however, it was
suggested it be in the form of an ordinance, in order for public
hearings to be held prior to changes occurring in the Articles of
Incorporation.
Curtis Hawk stated he feels the members should be made of seven
directors, with four members being Councilmembers, and one member
being from the Park and Recreation Board.
City Attorney, Allen Taylor, stated he will put in language to
tighten the uses down, and to focus on Park and Recreation
facilities.
Councilmember Wambsganss suggested the name of the organization be
"Parks Development Corporation".
Regular City Council Meeting Minutes
October 5, 1993
page ten
Agenda Item #12. Adjournment
Prior to adjournment, the Mayor noted several items of interest.
* Kite Flying Contest, November 7, at Bicentennial Park.
* Group coming from Toyoma in November. Shara Rice is to
organize luncheons in their honor.
* Teen Court Coordinator will remain on a contract basis.
The meeting was adjourned at 9:00 p.m.
Motion: Franks
Second: Apple
Ayes: Franks, Apple, Evans, Emerson, Wambsganss, Fickes
vote
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L•
andra L. LeGrand
City Secretary
=\min\10.5-93\el
City of South lake, Texas
A PERMIT OF THE CITY COUNCIL OF THE CITY OF
SOUTHLAKE, TEXAS, GRANTING APPROVAL FOR AN
ARCHERY AND BB GUN SHOOTING RANGE; SUBJECT TO
CONDITIONS LISTED HEREIN; PROVIDING AN
EFFECTIVE DATE.
I. In accordance with Ordinance No. 527, Section 4, the City
Council finds that the applicant represents a responsible
organization and that the request for a permit is reasonable
and is in the best interest of the public.
II. A Permit is hereby granted for the Archery and BB Gun Shooting
Range at Johnson Elementary School, subject to the following
specific requirements and special conditions:
1. The applicant shall receive permission from the Carroll
Independent School District.
2. The applicant shall comply with any down -range safety
requirements established by the Director of Public Safety
for the City of Southlake.
3. This permit shall be for October 30, 1993, or the rain
day of November 6, 1993, or another rain day if both the
October 30 or November 6 days are rained out, provided
however, that this permit will be valid for one (1) day
only, and in any event shall expire within sixty (60)
days of the effective date of this permit.
III. This permit shall become effective on the date of approval by
the City Council.
PASSED AND APPROVED THIS THE DAY OF_, 1993.
CITY OF SOUTHLAKE
Mayor ar ck
�r
andra L. LeGrand
City Secretary
b:PERMIT.BB/ORD/RES/kb