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1993-12-21 CXTY OF SOUTHLAEEt TEXAS 667 NORTH CARROLL AVENUE, SOUTHLAKE REGULAR CITY COUNCIL MEETING DECEMBER 2~ 1995 MINUTE8 COUNCILMEMBERB PRESENT: Mayor Gary Fickes; Mayor Pro Tem Jerry Farrier; Deputy Mayor Pro Tem Barry Emerson. Members: W. Ralph Evans (left the meeting after executive session), Stephen Apple, Andy Wambsganss, and, Jon Michael Franks. STAFF PRESENT: Curtis E. Hawk (left the meeting after executive session); Billy Campbell, Director of Public Safety; Bob Whitehead, Director of Public Works; Greg Last, Director of Community Service; LouAnn Heath, Director of Finance; Shana Rice, Assistant to the City Manager; Eddie Cheatham, city Engineer; Wayne Olson, city Attorney; and, Sandra L. LeGrand, City Secretary. INVOCATION~ Mayor Pro Tem Jerry Farrier. wORN 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 by Mayor Fickes at 7:00 p.m. Aaenda Item #I-B, Executive Session Mayor Gary 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 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 devices. Council adjourned into executive session at 7:07 p.m. Council returned to open session at 8:17 p.m. Aaenda Item #1-C, Action NecessarY/Executive Session Motion was made to authorize the City Staff to proceed with condemnation procedures on property as previously discussed on South Peytonville. Motion: Emerson Second: Apple Ayes: Emerson, Apple, Wambsganss, Franks, Farrier, Fickes Nays: None Approved: 6-0 vote Regular city Council Meeting Minutes December 21, 1993 page two Aqenda Item #2. &Dproval of the Minutes/December 7. 1993 Meeting. Motion was made to approve the Minutes of the Regular city Council Meeting held on December 7, 1993. Motion: Franks Second: Wambsganss Ayes: Franks, Wambsganss, Emerson, Farrier, Apple Nays: None Abstention: Fickes Approved: 5-0-1 ~qenda item #3. Mayor,s Renort Mayor Fickes expressed a hardy congratulations to the Southlake Carroll Dragons, adding, they have represented the city of Southlake well and gave us the highest profile in the area. Mayor Fickes commended the Department of Public Safety for the fabulous job with the school bus accident this week. Mayor Fickes thanked Director of Public Safety, Billy Campbell for serving as Acting City Manager for the past five years, as tonight will be his last night in that position, with the absence of the City Manager who is recovering from surgery. Aqenda Item ~4, City Manaaer's Report Acting City Manager, are in the packets, present to respond. Billy Campbell stated the department reports if there are questions, ~the directors are Other than that, there is nothing to report. Aqenda Item #5. Consent Aaenda The Consent agenda consists of items #1 and #2 as listed: 5-A. Permission to advertise for bids for heavy equipment for the Department of Public Works. 5-B. Resolution No. 93-67, appointment of an Acting city Manager. Motion was made to approve the consent agenda as items #5-A and #5-B. Motion: Apple Second: Emerson Ayes: Apple, Emerson, Wambsganss, Farrier, Franks, Fickes Nays: None Approved: 6-0 vote Regular city Council Meeting Minutes December 21, 1993 page three · ~DDITIONlqL INFORI4~TION ON CONSENT ITEI~S 5 -a · Director of Public Works, Bob Whitehead asked that Council grant permission to advertise for Bids for Heavy Equipment as Budgeted for FY 93-94 as follows: Diesel engine powered, 4 to 6 ton tandem asphalt roller with retractable pneumatic transport tires and tow bar; Telescopic boom excavator 4 X 2 truck mounted with hydraulic remote control similar to G3WD or approved equal; Tractor loader/backhoe, two wheel drive; Motor grader in the 29,000 pound class, with articulated frame, 12' moldboard, scarifier, and full cab; Three (3) 5-6 yard dump trucks with installed bed (two trucks for street department and one truck for water and sewer department); and one-ton flat bed dump truck. S-Bo Resolution No. 93-67, appoints Shana Rice as Acting City Manager, to be effective on December 22, 1993, as recommended by Curtis Hawk, City Manager, pursuant to Section 4.15 of the Home Rule Charter of the City of Southlake, Texas. ~aend& Item #6. Publio Forum No comments were received during the public forum. Aaen~& Item #7-A, Or,in&nee No. 480-100, 2n~ re&dlnq (SA 93-88). Ordinance No. 480-11, 2nd reading (ZA 93-88), is a rezoning request for 8.660 acres being situated in the John J. Freshour Survey, Abstract No. 521, Tracts 2 and 2D. Current zoning is "AG" Agricultural, with a requested zoning of "SF-1A" Single Family-lA Residential District. Owner: Stephen M. Jackson dba Metroplex Trucking, Inc., and Perk & Carol Carmack. Karen Gandy, Zoning Administrator noted that two written responses have been received from: Donna Lewandoski, 729 Cimarron Trial, concerned with the high elevation on this property causing drainage run-off from rain; also, Commented that a large number of trees need to be considered: and, Paul and Paulette Sunley, 717 Cimarron Trail, opposing the request. On December 7, 1993, the city Council approved the first reading of Ordinance No. 480-100. No comments were received during the public hearing. Motion was made to approve Ordinance No. 480-100, 2nd reading. Motion: Wambsganss Second: Emerson Mayor Fickes read the caption of the ordinance. Ayes: Wambsganss, Emerson, Farrier, Franks, Apple, Fickes Nays: None Approved: 6-0 vote Regular city Council Meeting Minutes December 21, 1993 page four &qenda Item #8-&, Ordinance No. 480-101, 1st readlna (Z& 93-102). Ordinance No. 480-101, 1st reading (ZA 93-102), is a rezoning request for 1.00 acre being situated in the Harrison Decker Survey, Abstract No. 438, Tracts 1B10A, 1B6C1, 1B10C, and 1B6C2. Current zoning is "MH" Manufactured Housing, with a requested zoning of "I-1" Industrial District. Owner: Alice Turner. Applicant: Sam Hughes dba Sam's Automotive. The Zoning Administrator, Karen Gandy, noted this was annexed into the City of Southlake in 1987 and rezoned to "MH" with the adoption of Ordinance No. 480 in September, 1989. On Tracts 12B10A and 1B6Cl, there exists a legal nonconforming auto repair service. On Tracts 1B10C and 1B6C2, there exists a legal, conforming mobile home. Mr. Sam Hughes was present to answer questions for Council. He stated he does not have plans to expand the automotive business. He has cleared two trailers off the property as of this time. He stated in two or three more years, he does plan to sell his property and the business. The Zoning Administrator noted if he sells the business, the property will have to be rezoned to B-1 Zoning District in order to continue the existing use. Motion was made to approve Ordinance No. 480-101, 1st reading, as presented. Motion: Apple Second: Franks Mayor Fickes read the caption of the ordinance. Ayes: Apple, Franks, Farrier, Emerson, Wambsganss, Fickes Nays: None Approved: 6-0 vote &aenda Item #8-B, Ordinance NO. 480-102, 1st readina (Z& 93-103). Ordinance No. 480-102, 1st reading (ZA 93-103), is a rezoning request for 5.000 acres being situated in the W.R. Eaves Survey, Abstract No. 500, being a portion of Tract 3A1. Current zoning is "AG" Agricultural, with a request for the "RE" Residential Estates District. Owner: Joanne Thompson. Applicant: Brandon and Kay Baker. According to Karen Gandy, Zoning Administrator, eight (8) notices were sent to property owners within 200' and no responses have been received. On December 9, 1993, the Planning and Zoning Commission recommended approval with the notation to shift the west boundary line to the west to allow five acres for this rezoning. Regular city Council Meeting Minutes December 21, 1993 page five Aaenda Item #8-B. Continued Mr. Brandon Baker, applicant, was present for the meeting. Councilmember Stephen Apple asked the applicant if they would be comfortable living in the take-off part of an airport. Do they have concerns with the noise? Mayor Fickes informed Mr. Baker that Mr. Goode could expand his airport, which would be an increase in air traffic. Mr. Goode could sell the airport to another airport operator, and they could expand the operation. With a Specific Use Permit (SUP), they could expand the structures, such as hanger space. Motion was made to approve Ordinance No. 102, 1st reading, requested. Motion: Apple Second: Franks Mayor Fickes read the caption of the Ordinance. Ayes: Apple, Franks, Farrier, Emerson, Wambsganss, Fickes Nays: None Approved: 6-0 vote as Aqenda Item #8-C. Ordinance No. 480-103. 1st readinq (SA 93-104) Ordinance No. 480-103, 1st reading (ZA 93-104) is a rezoning request for 4.806 acres being situated in the W.R. Eaves Survey, Abstract No. 500, being a portion of Tract 3A1. Current zoning is "AG"Agricultural, with a requested zoning of "SF-1A" Single Family Residential District. Owner: Joanne Thompson. Applicant: Brandon and Kay Baker. The Planning and Zoning Commission on December 9, 1993, recommended approval with the notation that an adjustment of common line between Lots i & 2 will be made to accommodate the minimum acreage requirement for each zoning case. Once again, Councilmember Stephen Apple made it clear to the applicants that the property in question is located in the take-off part of the airport, and that the airport could be expanded in the future under certain conditions which could result with more traffic and more structures. Regular City Council Meeting Minutes December 21, 1993 page six Agenda Item #S-C. Continued Motion was made to approve Ordinance No. 480-103, 1st reading, presented. Motion: Emerson Second: Farrier Mayor Fickes read the caption of the ordinance. Ayes: Emerson, Farrier, Franks, Apple, Wambsganss, Fickes Nays: None Approved: 6-0 vote as A~enda Item #e-D. ZA 93-105. Preliminary Plat of Baker Bstates ZA 93-105 is a Preliminary Plat of Baker Estates, Lot 1, and Lot 2, Block 1, being 10.168 acres situated in the W.R. Eaves Survey, Abstract No. 500, being a portion of Tract 3A1. Current zoning is "AG" Agricultural District with a requested zoning of "RE" Residential Bstates for Lot 1; and "SF-1A" Single Family-lA, for Lot 2. Owner: Jeanne Thompson. Applicant: Brandon and Kay Baker. The Zoning Administrator noted the property is located on the West side of South Peytonville Avenue approximately 2,000 feet south of the intersection of F.M. 1709 and South Peytonville Avenue. The Land Use Map shows this property to be classified as Medium Density Residential. The applicant has met all the review comments of the first Plat Review Summary dated December 3, 1993 with the exception of those items addressed in the second Plat Review Summary dated December 17, 1993. Motion was made to approve ZA 93-105, subject to the second Plat Review S~mmary dated December 17, 1993. Motion: Emerson Second: Franks Ayes: Emerson, Franks, Farrier, Apple, Wambsganss, Fickes Nays: None Approved: 6-0 vote Aqenda Item #8-E, Ordinance No. 480-104. 1st readinq (SA 93-106) Ordinance No. 480-104, 1st reading (ZA 93-106) is a rezoning request for 0.49 acres being situated in the Hiram Granberry Survey, Abstract No. 581, being a portion of Tract 5. Current zoning is "AG" Agrlcultural, with the requested zoning of "SF-1A" Single Family Residential District. Owner: William S. Gilchrist. Regular city Council Meeting Minutes December 21, 1993 page seven Item #8-E. Continued The Zoning Administrator stated eight (8) notices were sent to property owners within 200' and to date, two responses have been received, both in favor of the request. Responses are from Gary Hargett, 1125 S. White Chapel Blvd., and, Ralph V. Williams, 120 East Continental Blvd. The Planning and Zoning Commission recommended approval of this request on December 9, 1993, with a 7-0 vote. Staff commented that the applicant must zone this portion of Tract 5 in order to combine it with Tract 4 of The Glory Place to the south. Motion was made to approve Ordinance No. 480-104, 1st reading, requested. Motion: Wambsganss Second: Farrier Mayor Fickes read the caption of the ordinance. Ayes: Emerson, Farrier, Franks, Apple, Wambsqanss, Fickes Nays: None Approved: 6-0 vote as Aaenda Item #8-F. SA 93-107. Plat Revision of Tract No. 4R, The Glory Place Addition. ZA 93-107, is a Plat Revision to Tract No. 4R, The Glory Place, being 2.097 acres situated in the Hiram Granberry Survey, Abstract No. 581, which combines all of Tract 4, The Glory Place and an unplatted 0.49 acre tract of land out of the H. Granberry Survey, Abstract No. 581. Current zoning is "SF-1A" Single Family-lA Residential and "AG" Agricultural, with a requested zoning of "SF-1A" single Family Residential District. Owner: William S. Gilchrist. According to Mrs. Gandy, Zoning Administrator, the applicant has met all the review comments of the first Plat Review Summary dated December 3, 1993, with the exception of those items addressed in the second Plat Review Summary dated December 17, 1993. Motion was made to approve the Plat Revision to Tract No. 4R, The Glory Place, subject to the second Plat Review Summary dated December 17, 1993. Motion: Emerson Second: Apple Ayes: Emerson, Apple, Wambsganss, Franks, Farrier, Fickes Nays: None Approved: 6-0 vote Regular City Council Meeting Minutes December 21, 1993 page eight &=en~a Item #8-G. ZA 93-109, Prellminar¥ Plat of Lots 4-8. Block 1. Southl&ke Crossin~ ZA 93-109, Preliminary Plat of Lots 4-8, Block 1, Southlake Crossing, being 14.580 acres situated in the W.R. Eaves Survey, Abstract No. 500, Tract 2A3, and a portion of Tract 2A5. Current zoning is "C-3" General Commercial District. Request submitted by Wier & Associates, Inc. Owner: Southlake Joint Venture, John Drews, Managing Partner. The Zoning Administrator, Karen Gandy, noted on December 9, 1993, the Planning and Zoning Commission recommended approval of ZA 93- 109, subject to staff's Review Letter Summary dated December 3, 1993, changing Item ~4, regarding the common access easement for Lots 6 and 7 per Staff's exhibit, to the exhibit presented by the applicant the Planning and Zoning Commission meeting. Mr. John Drews was present to answer questions for Council. Motion was made to approve ZA 93-109, Preliminary Plat of Southlake Crossing, subject to the second Plat Review Summary dated December 17, 1993. Motion: Emerson Second: Farrier Ayes: Emerson, Farrier, Franks, Apple, Wambsganss, Fickes Nays: None Approved: 6-0 vote &~end& Item #8-H. Ordinanoe No. 480-M, 1st re&4inq. Revisions to the Zon~n~ Or4inenee. ordinance No. 480-M, 1st reading, revisions to the Zoning Ordinance regarding terminology and exhibit requirements (i.e. concept plans, site plans, development plans), screening requirements for trash receptacles, and bufferyard procedures, was presented to Councll by Karen Gandy, Zoning Administrator. A copy of the memorandum from Mrs. Gandy, dated December 16, 1993, outlining the changes, is hereby attached to the minutes. Motion was made to approve the 1st reading of Ordinance No. 480-M. Motion: Apple Second: Franks Mayor Fickes read the caption of the ordinance. Ayes: Apple, Franks, Farrier, Emerson, Wambsganss, Fickes Nays: None Approved: 6-0 vote Regular City Council Meeting Minutes December 21, 1993 page nine Agenda Item#10-A, street PriorityList for Tarrant County assisted pro4acts. Director of Public Works, Bob Whitehead lead the discussion in regard to Tarrant County's annual letter requesting the city Council's list on a priority basis of the City's need for County assistance on the reconstruction of streets. The County has normally reconstructed one to two miles of streets. The streets suggested by Staff include: South Peytonville Avenue from West Continental north of the improved street at Carroll High School, approximately 3,500 feet long, 24 feet wide. Burney Lane from North Carroll Avenue to Lonesome Dove, approximately 2,100 feet long, 24 feet wide. Ridgecrest Drive north from East Dove Street, approximately 3,000 feet long, 24 feet wide. Mr. Whitehead noted numbers 1-3 equal approximately 8,600 feet or 1.5 miles of streets. Whitehead also noted he is recommending that the City request the County to stripe the centerline and edge lines on approximately 33 miles of city streets. After discussion, motion was made to go with the three as recommended by the City Staff, noted above. Motion: Apple Second: Franks Ayes: Apple, Franks, Farrier, Emerson, wambsganss, Nays: None Approved: 6-0 vote (3) streets Fickes Aaen~a Item #X0-B, Developer Aqreement for Farrar Addition The Developer Agreement for Farrar Addition was withdrawn from the agenda by the applicant. Age-aa Item #10-C. DeveloPer A~reement for Adams Ad~ition. The Director of Public Works, Bob Whitehead, presented the Developer Agreement for Adams Addition for Council approval, noting this agreement contains the standard requirements for the provision of water and sewer and the usual requirements relating to performance and payment bonds, maintenance bonds, inspection fees, and park fees. The difference of this addition, compared to other additions in Southlake, is that there will be a private street. Regular City Council Meeting Minutes December 21, 1993 page ten agenda Item #10-C, Continued The usual Administrative Processing Fee, 2% of construction cost, and the Inspection Fee, 3% of construction cost, are still applicable toward the street construction. Even though the street will be private, staff requires the addition to meet the City specifications for street construction and the street will be inspected by staff. A two-year maintenance bond for the street will not be required upon completion of the addition. Other issues to be acknowledged in the agreement are as follows: Page 1, Section I, General Requirements, the City agrees to release one lot after installation of the water and sewer mains. Page 2, Part G, letter b: is mentioned to avoid Developers. The A~mlnistratlvs Process Fee any future confusion from Page 4, Part C, Streets, Item No. 1, reinforces that the private streets will conform to Ordinance No. 217. Item No. 2., regarding the installation of two year cost of street lights, will be deleted. The Developer is responsible for the costs of the street lights and TU Electric will have a meter installed primarily for this Addition and invoice the Developer/Homeowners Association. Page 8, Section IV, Sewer Pro Rata: Sewer pro rate is required and the Developer will pay their share prior to construction. Page 9, Off Site Drainage: The Developer has agreed to pay their pro rata share of the culvert expense for the box culvert in east Continental Blvd. Page 9, Park Fees: The Developer agrees to pay the park fees in conformance with Subdivision Ordinance No. 483. There are seven lots for a cost of $3,500. Page 9, Perimeter Street Ordinance. The Developer agrees to pay the perimeter street fee of $5,520.82. The Developer will abut on East Continental Blvd. Regular City Council Meeting Minutes December 21, 1993 page eleven &qanda Item #10-B, continua Warren Hagen, representative of the developer stated they will be extending the sewer line approximately 1,000 feet west on Continental Blvd., and they would like the opportunity to recover some of their costs. They estimate their off-site costs will be approximately $25,000. Staff agreed that the pro rata reimbursement has not been established. Motion was made to approve the Developer Agreement for Adams Additions as recommended by the City Staff. Motion: Emerson Second: Apple Ayes: Emerson, Apple, Farrier, Franks, Wambsganss, Fickes Nays: None Approved: 6-0 vote &genda Item #11-Ao Pay and Classif~oaticn Plan Mayor Fickes noted the Pay and Classification Plan was discussed and explained by the City Manager, during the work session tonight. Acting City Manager, Billy Campbell, stated the City Manager will send out a written explanation of the Pay and Classification Plan to employees in the near future. Aqenda Item #12o &dtournment The meeting was adjourned by May~ ~ ~yor Gary Fi~kes' ....-; ~%... ......... :~ % ~'~ ..' A ..' ~% S~ndra L. '~eG~nd- - == ~.: ~'.~ =~ = % '... ... ~$