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1992-04-21 CITY OF SOUTHLAKE REGULAR CITY COUNCIL MEETING April 21, 1992 7:00 p.m. MINUTES COUNCILM~MBERS PREB~NT: Wilhelm; Councilmembers: and Barry Emerson. Mayor, Gary Fickes; Mayor Pro Tem, Rick Jerry Farrier, Mike O'Brien, Ralph Evans, CITY STAFF PRESENTs city Manager, Curtis E. Hawk; Director of Public Safety, Billy Campbell; Director of Public Works, Michael Barnes; Zoning Administrator, Karen Gandy; City Planner, Greg Last; Assistant to the City Manager, Chris Terry; city Attorney, Wayne K. Olson; Finance Director, Lou Ann Heath; and, Secretary to the city Manager, Kim Bush. INVOCATIONs Councilmember W. Ralph Evans. The Work Session was called to order at 6:30 p.m. to discuss the agenda items scheduled for tonight's meeting. Mayor Pro Tem, Rick Wilhelm, called the Regular City Council meeting to order at 7:35. (Mayor Pro Tem, Rick Wilhelm chaired the meeting until the Mayor's arrival at 8:00 p.m.) ~aenda Item #IB~ Executive session Mayor Pro Tem Wilhelm announced that the executive session would be moved to the end of the meeting. Aaenda Item #2, Approval of Minutes Motion was made to approve the minutes of April 7, 1992 Regular city Council Meeting as discussed in the work session. Motion: Emerson Second: O'Brien Ayes: O' Brien, Wilhelm, Emerson, Farrier, Evans Nays: none Approved: 5-0 A~en~a Item #3, Mayor's RePort · Southlake Leadership presentation of team projects at City Hall, April 22, 6:30 p.m. Everyone is invited to attend. · Welcome to new Director of Fire Services, Jerry Williams. Thank you to Joe Pipes, Pipes Plant Farm, for donation of flowers for city Hall, and thank you to staff and their children for planting the flowers. · The winning entries of the Earth Day Poster Contest will be on display at city Hall through Tuesday, April 28. Thank Regular City Council Meeting Minutes April 21, 1992 Page 2 you to all those students who participated, and thank you to the judges: Julie Katsontonis, Grapevine Sun; Jeri Clausing, Fort Worth Star Telegram; and Rosanne Manner, Southlake Journal. Each school, was donated a tree by Wolfe Nursery of Southlake. An organizational meeting was held by Keep Southlake Beautiful to establish a board of directors. Appointments were: President, Sally Hall Vice-President, Bob Mundlin Treasure, Gary Flemmons Secretary, Karen Reynolds · Gib Lewis appreciation, May 8, 1992, at Marriott Solana around the pool, a casual affair beginning at 7:00 p.m. · Tonight is Councilmember Evans' last City Council meeting. Councilmember Evans expressed the pleasure he has experienced with serving on the City Council. He thanked City staff, the Council, and all the City boards for their support and efforts in serving the community. Aoend& Item #4. City Manaoer's Renort city Manager, Curtis Hawk, informed the Council of a recent meeting with Senator Bob Glasgow to discuss F.M. 1709 reconstruction issues. Mr. Hawk also informed the Council thatthe departmental reports are in their packets, and if they have any questions, staff is present to address those questions. Aoend& Item ~$, Consent Agenda Items A. Permission to advertise for Line. bid for Park Gravity Sewer B. Approval of Combination Building Inspector. C. Permission to advertise for bid for repairs to front end loader. Motion was made to approve the consent agenda items 5A, 5B, and 5C as presented. Motion: Farrier Second: Emerson Ayes: O'Brien, Wilhelm, Emerson, Farrier, Evans Nays: none Approved: 5-0 Regular City Council Meeting Minutes April 21, 1992 Page 3 ~oenda Item #6. Publio Forum David Galliher, 1450 Emerald Estates, questioned the Council on the status of installing sewer in Emerald Estates. City Manager, Curtis Hawk, stated that staff and the City Engineer are working on a report concerning the estimated cost to install sewer to the residents of Emerald Estates. The report should be presented to Council at their next meeting. Barbara Atkins, 1345 Forest Lane, expressed her concern with the planned removal of trees along Peytonville Ave. She would like to see that the City make every effort to preserve some of the old trees. Ms. Atkins particularly noted the destruction of several old trees at the intersection of FM 1709 and Randol Mill to make room for a gas station. Mayor Pro Tem Wilhelm commented that this intersection had some particular drainage needs. The City has made an effort to improve on the landscape and bufferyard requirements to provide for replacement of trees as we go along. He commented that he would like to see a fund established for tree replacement. Lisa Stokdyk, 720 Peytonville, addressed the Council concerning a very old post oak tree marked for removal. She commented that she has not heard a good reason for this tree to be removed. Mayor Pro Tem Wilhelm commented that the location of the new high school has made it necessary to improve Peytonville Ave. substantially, but that every engineering effort is being made to insure that as few trees as possible will be removed. There were no other comments during the Public Forum. Agenda Item ~?~, Ord. No. 480-E. PUD;Buffervards. 2nd readino. City Planner, Greg Last, commented that this was the 2nd reading of Ordinance No. 480-E. An ordinance amending Zoning Ordinance $480, Section 30, Planned Unit Development (PUD), and Section 42, revisions to Bufferyard requirements. There were no comments during the Public Hearing. Motion was made to approve Ordinance No. 480-E. Motion: Emerson Second: Evans Mayor Pro Tem Wilhelm read for the record the Ordinance $480-E. Ayes: O'Brien, Wilhelm, Emerson, Farrier, Evans Nays: none Approved: 5-0 caption of Regular City Council Meeting Minutes April 21, 1992 Page 4 Agenda Item #8A. Ord $480-67. 1st readlna. R. Miron (Mayor Fickes arrived at this time. Councilmember Emerson stepped down for this agenda item.) Zoning Administrator, Karen Gandy, presented the zoning change request and concept plan for a 5.45 acre tract of land out of the John A. Freeman Survey, Abstract No. 529, and legally described as portions of Lot 1, of the Miron Addition and Lot 2B of the Gorbutt Addition. The current zoning is "C-2" Commercial - 2 zoning district with a request for "SP2" Generalized Site Plan District with certain "B-2" uses which are listed on the plan. Applicant and Owner of the property is Robert W. Miron. Ms. Gandy stated that two (2) notices were required to be sent; one response was received in opposition: John Napper, representative for Smock & Husseini J~V. John Levitt, Levitt Engineers, was present to answer questions for the Council. He requested that the site designated as a gravel area be changed to asphalt rather than concrete as recommended by the P&Z. Mr. Levitt also requested that they be able to add boat and R.V. outside storage within the mini-warehouse area on the south side. Motion was made to approve ZA 92-08, Ordinance $480-67, provided that the proposed uses for lots 2, 3, and 4 with reference to mini- warehouses includes exterior storage of recreational vehicles and boats and approval subject to staff's review letter of April 16, 1992. Motion: Wilhelm Second: O'Brien Ayes: O'Brien, Wilhelm, Mayor Fickes, Farrier, Evans None: none Approved: 5-0 Aqenda Item #8B, Ord. 480-68, 1st Readina, Kidwe11 Addition (Councilmember Emerson returned to the meeting at this time.) Zoning Administrator, Karen Gandy, presented the zoning change request for Block A, Lots 1,2, and 3, of the Kidwell Addition being 20.8146 acres in the R.D. Price Survey, Abstract No. 1207. The current zoning is "RE" Residential Estates (Lots 1&3); "SF-1A" Single Family Residential (Lot 2), with a request for "SF-1A" Single Family-iA Residential for Lots 1, 2, and 3. Owners/Applicants are Stephen C. Kidwell and William D. Kaizer. Ms. Gandy further stated that twenty-one (21) notices were sent but no responses were received. Motion was made to approve Ord. $480-68, ZA 92-10. Motion: O'Brien Second: Farrier Ayes: O'Brien, Wilhelm, Mayor Fickes, Emerson, Evans Nays: none Approved: 6-0 Regular City Council Meeting Minutes April 21, 1992 Page 5 Aaenda Item #8C, ZA 92-11. Plat Revision of Kidwel~ Addition Zoning Administrator, Karen Gandy, presented the plat revision for Block A, Lots 1, 2, and 3 of the Kidwell Addition a 20.8146 acre tract of land out of the R.D. Price Survey, Abstract No. 1207, and being revised to Block A, Lots 1R, 2R, 3R, 4, and 5 Kidwell Addition. Owners/Applicants are Stephen C. Kidwell and William D. Kaizer. Two notices were sent, and no responses were received. Ms. Gandy stated that P&Z approved the request subject to Staff's review letter of 4/3/92 deleting item $11 (15' U.E. across Lots 2, 4, and 5). Roland Forester, Benchmark Consultants, was present to represent the applicants. city Planner, Greg Last, commented that after staff's further study of the site it appeared that this area receives only "sheet" flow rather than concentrated runoff. Mr. Last commented that staff will require a minimum finished floor elevation at the time of building permit. The applicants have commented that they would have no problem with this requirement. Motion was made to approve ZA 92-11, Plat Revision, Kidwell Addition, subject to compliance with staff's review letter of 4/16/1992. Motion: Wilhelm Second: O'Brien Ayes: O'Brien, Wilhelm, Mayor Fickes, Emerson, Farrier, Evans Nays: none Approved: 6-0 Aaenda Item #SD, Sa 92-09; Revised Site Plan. Fina Oil/Chemical Co. Zoning Administrator, Karen Gandy, presented the revised Site Plan request for a building permit for the construction of a fire pump house and ancillary canopy loading fire/foam protection system on property described as Tracts 3A, 3B1, 3B2, and 4, out of the C.B. McDonald Survey, Abstract No. 1013. The current zoning is "I-2" Heavy Industrial with a Specific Use Permit for Petroleum Operations. Owner/Applicant is Fina Oil and Chemical Company. Ms. Gandy stated that the applicant has requested a masonry varianceto the masonry requirement for this building permit. Six (6) notices were sent to property owners, and one response was received from Ray Wallace who indicated he was undecided about the variance request. Diane Combs, Field Engineer for Fina Oil and Chemical, was present to answer questions for the Council. Ms. Combs stated that she would like to request that the bufferyard requirement along HWY 26 be deferred until a larger project is constructed. Motion was made to approve ZA 92-09 Revised Site Plan, granting the masonry variance for those reason stated in the Fina Oil and Chemical Company letter dated 4/9/1992, attached hereto, and Regular city Council Meeting Minutes April 21, 1992 Page 6 subject to staff's review letter dated 4/16/1992 eliminating the bufferyard requirements except as required along Hwy 26 but deferring that requirement until future expansion by Fina. Motion: Emerson Second: Wilhelm Ayes: O'Brien, Wilhelm, Mayor Fickes, Emerson, Farrier, Evans Nays: none Approved: 6-0 Aaenda Item #iOA. Purchase of Court Packaqe Finance Director, Lou Ann Heath, explained to the Council the problems with the current court computer program. Staff has been working with the program for a couple of years, and it appears the problems can not be resolved. Court is proposing to expand the system being used in Public Safety. Additionally, this change will free up needed disk space on the System 36 for the increasing demands of utility billing, payroll, accounts payable, building, complaints, and cashier programs. The City is currently in the process of eliminating all word processing from the System 36. Ms. Heath stated that the approximate $14,000 in funds needed, to expand the program to include Court, will come from monies received in the city's vehicle auction and monies received from Southwestern Bell for a lease at the Florence water tower site. Mayor Fickes questioned the numerous recent changes related to computer items. city Manager, Curtis E. Hawk, noted that the biggest change has been in the Public Safety Department basically to comply with TELETS. He also noted that a very large amount of data has generated since the System 36 was installed in 1985, and the city is experiencing rapid changes. Councilmember Wilhelm stated that he hoped the City had some focused and defined goal as to where we are going rather than adding here and there. Motion was made to approve authorizing the City Manager to enter into a contract for purchase of a Court Package. Motion: Farrier Second: Wilhelm Ayes: O'Brien, Wilhelm, Mayor Fickes, Emerson, Farrier, Evans Nays: none Approved: 6-0 &oenda Item #lOB. Contract for Garbaqe/Rec¥clinq Franchise A=rmt Public Works Director, Michael Barnes, introduced Doug Rivers with Lakeside Sanitation. Doug Rivers, Lakeside Sanitation, stated that he would like the Council to consider two adjustments to the agreement: 1) that a five (5) year contract be considered instead of three (3) years Regular City Council Meeting Minutes April 21, 1992 Page 7 (Section 6.10); and 2) would like to continue with an open door policy and request that modification of rates can be allowed at any time. Mr. Rivers also commented that they will be sending to all residents recycling information and a Lakeside Sanitation emblem to place over the existing BFI label on the recycling containers. Lakeside has also made arrangements to purchase the containers from BFI. city Attorney, Wayne Olson, stated that the RFP was worded in such a way that Council could extend the length of the contract to five (5) years if they felt it was in the best interest of the City. commissioner Wilhelm stated that his biggest concern was the potential liability of the City on any kind of illegal dumping at the waste site. City Attorney, Wayne Olson, recommended Council request an indemnity from the land fill operator (at the dump site)--a separate item from the Lakeside Garbage contract. Motion was made to approve the Garbage/Recycling Franchise Contract extending the term of the contract from three (3) years to five (5) years; changing the wording on the modification of rates to be "at any time after the first year"; and request Lakeside Sanitation to obtain indemnification for the City of Southlake from the land fill owner, and if unable to obtain, Lakeside is to report back to the City. Motion: Emerson Second: Wilhelm Ayes: O'Brien, Wilhelm, Mayor Fickes, Emerson, Farrier, Evans Nays: none Approved: 6-0 ~enda Item #lOC, Varianoe. Curb Cut. Alan Murawsk$ City Planner, Greg Last, informed the Council of Mr. Murawski's request for variance to Subdivision Ordinance No. 483-1, Article IX, Section 9.01.A, to permit limited access to an arterial street from Lot 5, Block 3, Continental Park Estates. Alan Murawski, 1206 Oakhurst Ct., referenced his letter to the city dated 4/14/92. Mr. Murawski stated that the access off Continental will only be used for his recreational vehicle (a race car). His primary entrance will still be on Oakhurst Ct. He also commented that he will move the fence, along Continental, at the same time he puts in the drive. Councilmember Emerson expressed his concern with curb cuts, and questioned the City's ability to control the number or use of curb cuts. Regular City Council Meeting Minutes April 21, 1992 Page 8 city Attorney, Wayne Olson, informed the Council that they would have the right to eliminate the drive if it should become a traffic problem. Motion was made to approve the variance request with the requirement that Mr. Murawski move his fence to the proper location and put in a culvert permitted and inspected by the city. Motion: O'Brien Second: Farrier Ayes: O'Brien, Wilhelm, Mayor Fickes, Farrier, Evans Nays: Emerson Approved: 6-1 ~aenda Item #1OD. NE Tarrant Co. Arts S,,mmer Proaram Janet Murphy, President of the Parks and Recreation Board, presented the Board's recommendation that the City approve the implementation of the Northeast Tarrant County Arts Council's proposal for a "Summer Arts Camp - ArtsReach Southlake." Motion was made to approve the Northeast Tarrant County Arts Council's Summer Arts Camp program as presented in City staff's memorandum dated 4/16/1992. Motion: Wilhelm Second: O'Brien Ayes: O'Brien, Wilhelm, Mayor Fickes, Emerson, Nays: none Approved: 6-0 Farrier, Evans Agenda Item ~IOE, Award of Bid for Fire BaY City Manager, Curtis E. Hawk, requested that Council table this item until the next regular City Council meeting 5/5/1992 in order to give staff time to look at a number of things they have concerns about. Motion was made to table the Award of Bid for the Fire Bay. Motion: Wilhelm Second: Emerson Ayes: O'Brien, Wilhelm, Mayor Fickes, Emerson, Farrier,. Evans Nays: none Approved to table: 6-0 Aqenda Item #11A. Disc. Rev. to Ord #480. Carport in "MN" Dist. Zoning Administrator, Karen Gandy, addressed the Council regarding a request received from Brian Hugghins, 1218 Woodsey, for a building permit for a "stick-built" room addition to his manufactured home and an attached carport. Ms. Gandy stated that she spoke with the City Attorney and was informed that there was no case law that would prohibit "stick-built" construction in the "MH" district. Regarding the construction of carports, Ms. Gandy stated that Section 34 of the zoning ordinance needed to be amended to Regular City Council Meeting Minutes April 21, 1992 Page 9 allow carports to be built in the "MH" district. Ms. Gandy further stated that currently carports are permitted in agricultural, residential estate, single family, and multi family districts. Mayor Fickes recommended that staff review other ordinances and proceed with the process for the amendment. Peter Spotter, 1214 Woodsey Ct., addressed the Council and suggested that they look at some examples of carports in his neighborhood. A=and& Item #lB. Exeout%ve sess~o~ Mayor Fickes informed the audience that Council would be going into executive session pursuant to Sections 2(e), 2(f), 2(g), and 2(j) 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 the deployment of specific occasions for implementation of security personnel or devices. Council went into executive session at 9:40 p.m., 4/21/1992. Aaanda Item #1C. Reconvene in Open Session Council returned to Open Session at 10:05. Mayor Fickes reported no action was necessary as a result of the executive session. Aaenda Item #12, Adgournment Motion was made to adjourn the meeting at 10:10 p.m. Motion: Farrier Second: Wilhelm Ayes: O'Brien, Wilhelm, Nays: none Approved: 6-0 ATTEST: Mayor Fickes, Emerson, Farrier, Evans 'K~ Bush, Secretary to the City Manager 920421 .CC~b t -.Oil ■ 111111111b ) i 1 \� • • ..,... m a ^ Cu N di R v 1 • L _ i r J o c' i ( "9 e c) eR . ,,,-7 1 n • (D --3 n ( E .... ' .,... . A. THE STATE OF TEXAS * COUNTY OF '7' 6.4' 1 I, �, r/fib�s� /Y as a member of the A�i mak this affidavit and hereby on oath stat following: I, and /or a person or persons related to me, have a substantial interest in a business entity that would be peculiarly affected by a vote or decision of the + Q Lfr. }- '7 . -p t/.69- as those terms are defined in Chapter 171, Texas Local Gover ent Code. The business entity is iky,45 /1iQ4am 11 2 ° f �' t ) fffl/4i4/I (name a ad 4ess) 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 by a decision of the public body of which I am a member. Upon filing of this affidavit with the City Secretary, I affirm that I will abstain from voting on an ..- =i :on involving this business entity and from any further cipa on on this matter whatsoever. Signed this day of _ . , 19 qZ . Signatu - of official e..../11G 64A/ CAW Title k hAs A /A 44 GO 5. erlID.Alki 1 4' S-kyi at(:z;,trz_ 4 4 BEET ME, undersi ned authority, this day personally appeared , and on oath stated that the facts he a nabove stated are true to the best of 2,t..47 knowledge or belief. - Swo to and subscribed to before me on this J ----- day of i • 19 Z.... 1 7-t' SAN; RA 1. LeGRAND Al" ". I d_ _ . ce-' t j ` . Notary Public . ' otary • • c n an • or ' ,4, -! i STATE OF TEXAS the State of Texas '`� My Comm. Exp. 02104/93 • 1 r Le, i-i" h • My Commission Expires: 6141,P f441 en Type r L int Notary s Name •