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1992-05-05 CITY OF SOUTHLAKE 667 N. Carroll Avenue REGULAR CITY COUNCIL MEETING May 5, 1992 7:00 P.M. MINUTES COUNCILMEMBERS PRESENT: Wilhelm; Deputy Mayor O'Brien, Stephen Apple, Mayor Gary Fickes; Mayor Pro Tem Rick Pro Tem Jerry Farrier. Members: Mike Barry Emerson, and, Jon Michael Franks. CITY STAFF PRESENT: Curtis E. Hawk, City Manager; Billy Campbell, Director of Public Safety; LouAnn Heath, Director of Finance; Michael Barnes, Director of Public Works; Karen Gandy, Zoning Administrator; Greg Last, City Planner; Eddie Cheatham, City Engineer;..Malcolm Jackson,.Deputy Director of Public Safety; Chris Terry, Assistant to the City Manager; Wayne Olson and Analeslie Muncy, City Attorneys; and, Sandra L. LeGrand, City Secretary. INVOCATION: Councilmember Jerry Farrier. The Work Session was called to order at 6:30 p.m. agenda items scheduled for tonight's meeting. to discuss the Mayor Gary Fickes called to Regular City Council meeting to order at 7:05 p.m. Aqenda Item %2, Approval of Minutes The Minutes of the Regular City Council meeting held 1992 were approved as presented. Motion: Wilhelm Second: Emerson Ayes: Wilhelm, Emerson, O'Brien, Farrier, Fickes Nays: None Approved: 5-0 vote on April 21, Aqenda Item #3~ Oath of Office for New Councilmembers The Oath of Office was administered by the City Secretary, Sandra L. LeGrand, to Councilmembers elected at the May 2, 1992 General Election. Those taking the oath include: Jerry Farrier; Stephen W. Apple Sr., and, Jon Michael Franks. New members will serve terms to expire in May, 1995. Regular City Council Meeting Minutes May 5, 1992 page two Agenda Item #1-B~ Executive Session Mayor Fickes hereby advised the audience that Council would be going into executive session pursuant to Sections 2(e) 2(f) 2(g) 2(J) 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 went into executive session at 7:10 p.m. Council returned to Open Session at 7:35 p.m. Agenda Item #l-C, Action Necessary/Executive Session No action was necessary as the result of the executive session. Agenda Item #3~ Mayor's Report Mayor Fickes noted on May 18, 1992 the City Council will hold interviews for applicants for positions on the Planning and Zoning Commission, Board of Adjustments, and, Park and Recreation Boards. The interviews will begin at 7:30 p.m. The Mayor expressed appreciation to Aloha Payne and Election Judge and Alternate Judge respectfully, done. Sue Eubanks, for a job well On May 9, 1992, Mayor Fickes will lead a team of area citizens for the annual "Making Strides Against Cancer" 5 mile walk, to be held at Marriott Solana, Westlake. He invited everyone to attend this event which will start at 10:00 a.m. A special thank you was expressed to those citizens who put so much time into promoting the Bond Election, which was a success. On Friday evening, May 8, at the pool at Marriott Solana, the Chamber of Commerce will be sponsoring a "Gib Lewis" appreciation gathering. Anyone interested in attending can acquire tickets from the Chamber office. Councilmember Jerry Farrier announced that May 7, 1992, from 12:20 p.m. to 12:40 p.m. has been designated "National Prayer Day". He invited those interested in participating to come to City Hall for prayer. Agenda Item #4~ City Manaqer's Report Curtis Hawk, City Manager, announced the annual retreat will be held on June 4 & 5 in the Southlake Room at Marriott Solana. Regular City Council Meeting Minutes May 5, 1992 page three Aqenda Item #4, Continued The City Manager announced that a Work Session would be held on May 12, 1992 at 7:30 p.m. for the purpose of discussions with Timarron Land Development Corporation. Agenda Item #5t Consent Aqenda The Consent agenda consisted of the following items: 5-A Modification to SouthRidge Lakes Subdivision Phases I-IV Developer's Agreement. 8-D Southlake Hills., Phases I & II, extension of final plats. Motion was made to approve the Consent Agenda consisting of items #5-A and #8-D on the agenda. Motion: Emerson Second: Farrier Ayes: Emerson, Farrier, O'Brien, Wilhelm, Apple, Franks, Fickes Nays: None Approved: 7-0 vote Aqenda Item #6-A~ Public Forum Peter Sporrer, 1214 woodsey Court, Southlake. Mr. Sporrer spoke in regard to the need for traffic lights within the school zones. He would like to see a study conducted and bids taken for the traffic lights, especially at Carroll Elementary School. Mayor Fickes requested that Mike Barnes, DPW, look into the possibility of traffic lights in these areas. Lisa Stokdyk, 720 North Peytonville Avenue, Southlake. Ms. Stokdyk spoke in regard to a "Tree Fest" she had attended, and asked why Southlake is not currently a "Tree City USA". Mayor Pro Tem Wilhelm stated that Southlake did celebrate "Earth Day" with a poster contest, presentations at the elementary schools and a tree planting ceremony. Chris Terry, Assistant to the City Manager organized the activities and was congratulated for his work on this project. Councilmember Barry Emerson stepped down for Agenda Item #7-A, stating conflict of interest. Regular City Council Meeting Minutes May 7, 1992 page four Agenda Item #7-Al Ordinance No. 480-67t 2nd reading. R.W. Miron. Ordinance No. 480-67 (ZA 92-08), is a zoning change request and concept plan approval for 5.43 acres out of the John A. Freeman Survey, Abstract No. 529, and legally described as a portion of Lot 1, Miron Addition and Lots 2B of the Gorbutt Addition. Current zoning is "C-2" Commercial-2 zoning district, with a request for "S-P-2" Generalized Site Plan District with certain "B-2" uses which are listed on the plan. Owner: Robert W. Miron. Karen Gandy, Zoning Administrator made the presentation stating two notices were sent to property owners within 200' and to date, she has received one response, from the property owner to the west, who voiced copcerns with the type of use being proposed. April 9, 1992 the Planning and Zoning Commission recommended approval with a 6-0 vote, with the concept plan subject to the Plan review summary dated April 3, 1992 and further requested the area shown as "gravel" be replaced with concrete. April 21, 1992, the City Council approved the 1st reading of the ordinance, with the attached concept plan subject to the Plan Review Summary dated April 16, 1992, and adding recreational vehicle and boat storage as permitted uses for Lots 2,3, and 4. John Levitt, Levitt Engineers, 726 Commerce, Suite 104, Mr. Levitt was present representing Bob Miron, to answer for Council. Southlake. questions The public hearing resulted with no comments from the audience. Motion was made to approve the 2nd reading of Ordinance No. Motion: Farrier Second: O'Brien 480-67. Mayor Fickes read the caption of Ordinance No. 480-67. Ayes: Farrier, O'Brien, Franks, Wilhelm, Nays: None Approved: 6-0 vote Apple, Fickes Councilmember Barry Emerson returned to the Council table. Regular City Council Meeting Minutes May 5, 1992 page five Agenda Item #7-Bt Ordinance No. 480-68t 2nd readinq S.C. Kidwell Ordinance No. 480-68, (ZA 92-10) is a zoning change request for Block A, Lots 1,2, & 3, Kidwell Addition being 20.8146 acres in the R.D. Price Survey, Abstract No. 1207. Current zoning is "RE" Residential Estates (Lots 1&3); "SF-1A" Single Family-lA Residential for Lots 1,2, & 3. Owners: Stephen C. Kidwell and William D. Kaizer. Zoning Administrator, Karen Gandy, made the presentation stating twenty-one (21) notices were sent to property owners within 200' and to date she has received no written responses. On April 9, 1992 the Planning and Zoning Commission recommended approval with a 5-0 vote. On April 2~, 1992, the City Council approved the 1st reading with a 6-0 vote. The public hearing resulted with no comments from the audience. Motion was made to approve Ordinance No. Motion: O'Brien Second: Apple 480-68, 2nd reading. Mayor Fickes read the caption of Ordinance No. 480-68. Ayes: O'Brien, Apple, Nays: None Approved: 7-0 vote Wilhelm, Emerson, Farrier, Franks, Flckes Agenda Item #8-AI and #8-B~ Tlmarron Land Development~ Inc. Agenda Item #8-A, Ordinance No. 480-01B, 1st reading (ZA 92-03), is a zoning change request and revised concept plan approval for Timarron Planned Unit Development, amending Ordinance No. 480-01A, adding a 10.932 acre tract of land in the Hall Medlin Survey, Abstract No. 1038, Tract 2F and a 1.008 acre tract in the John Gibson Survey, Abstract No. 591 Tract lB1. "AG to R-PUD". Owner Timarron Land Corp. Inc. Agenda Item #8-B, Development Site Plan for Timarron, Phase III, "R-P.U.D." Residential Planned Unit Development, being 300.82 acres out of the Hall Medlin Survey, Abstract No. 1037, the Hollingsworth and Barrett Survey, Abstract No. 797, the O.W. Knight Survey, Abstract No. 899, and the M. Davenport Survey, Abstract NO. 432. Owner: Tlmarron Land Corp. Inc. Regular City Council Meeting Minutes May 5, 1992 page six Agenda Item #8-A and #8-Bf Continued Zoning Administrator, Karen Gandy reported that Susan Evans, Timarron Land Development Corporation, Inc. has requested these items be tabled, time certain, May 19, 1992, and that a Work Session be scheduled on May 12, for discussion of these items. Motion was made and approved to table Agenda Items #8-A, and #8-B, time certain, May 19, 1992, at the request of the developers. Motion: Wilhelm Second: Franks Ayes: Wilhelm, Franks, Farrier, Emerson, Apple, O'Brien, Fickes Nays: None Approved: 7-0 vote Agenda Item #8-Ct Ordinanc~ No. 480-Ff 1st reading Ordinance No. 480-F, 1st reading, revisions to the Zoning Ordinance No. 480, Section 45, "Specific Use Permits", to amend to allow "Churches, synagogues, temples and other similar facilities for worship, fellowship and education", subject to certain conditions listed in Section 45.1 (2), Ordinance No. 480 to locate in ALL" zoning districts with a specific use permit approved by the City Council. Karen Gandy, Zoning Administrator, noted that on March 3, 1992, the City Council directed staff to seek the Planning and Zoning Commission's recommendation on a revision to Section 45.1 (2), "Specific Use Permits" to allow the uses shown above. Currently, the zoning ordinance allows religious institutions to locate in the "CS" Community Service district as a permitted right and to locate in certain residential zoning categories by specific use permit. On April 23, 1992, the Planning and Zoning commission recommended approval of the proposed revision and added the following sentence to Section 45.1 (2) "Any permit granted hereunder shall be for a maximum period of three (3) years subject to renewal for additional one (1) year periods". The City Attorney, Wayne Olson recommended that the permit not place a specific time limitation if churches were to locate permanently under the S.U.P. approval process, and that each request be considered on a case by case basis. Regular City Council Meeting Minutes May 5, 1992 page seven Aqenda Item #8-C~ Continued Motion was made to approve the 1st reading of Ordinance No. 480-F, deleting Section 1.2 (d), in regard to placing a time limitation on Specific Use Permits. Motion: Emerson Second: Farrier Mayor Gary Fickes read the caption of the ordinance. Ayes: Emerson, Farrier, Nays: None Approved: 7-0 vote Franks, O'Brien, Apple, Wilhelm, Fickes Aqenda Item #8-E~ Ordinanc9 No. 565~ 1st reading. Southwestern Bell Telecommunications Aqreement Curtis Hawk, City Manager, stated the franchise agreement between Southwestern Bell and the City expired in January, 1992. Last year a steering committee representing the Texas Municipal League member cities was formed to study the proposal due to the large number of cities faced with expiring telephone franchises, and the position taken by Southwestern Bell. Southwestern Bell contends that it is not legally required to obtain a franchise from cities. The TML was concerned that the proposal submitted by Southwestern Bell may in fact be an attempt to eventually have franchise fees invalidated by a Court, which, if it were to occur, could possibly have an adverse impact on other franchise fees received by municipalities. The City of Southlake has been deliberately slow to bring our agreement before the Council, choosing to let larger cities negotiate favorable changes in the model agreement as originally submitted by Southwestern Bell. Mr. Hawk, stated Analeslie Muncy, City Attorney, was the City Attorney for the City of Dallas when its agreement was negotiated last year, and she has worked with Southlake in preparing this ordinance for 1st reading. Ms. Muncy reviewed the ordinance for Council. Gary Terry, Southwestern Bell, was present indicating they feel we have an ordinance we can all work with, with only minor changes needed. Motion was made to approve 1st reading of Ordinance No. 564. Motion: Wilhelm Second: Farrier Mayor Flckes read the caption of Ordinance No. 564. Ayes: Wilhelm, Farrier, Franks, Emerson, Nays: None Approved: 7-0 vote O'Brien, Apple, Fickes Regular City Council Meeting Minutes May 5, 1992 page eight Aqenda Item #8-F~ Ordinance No. 564~ 1st readinq. Certificates of Obliqation The City Manager, Curtis Hawk explained Ordinance No. 564, issuance of $1,300,000 "City of Southlake, Texas, Tax and Waterworks and Sewer System (Limited Pledge) Revenue Certificates of Obligation, Series 1992" dated May 1, 1992, as being for F.M. 1709 curb, gutter, drainage and water line relocation. $1,000,000 will be for the City's participation with the State in the reconstruction project. The remainder will be for the last portion of our water line relocation and the cost of issuance. Patricia Gallaher, First Southwest Company, was present to answer questions for Council. Motion was made to approve the 1st reading of Ordinance No. presented. Motion: Emerson Second: Farrier 564, as Mayor Fickes read the caption of Ordinance No. 564. Ayes: Emerson, Farrier, Franks, O'Brien, Apple, Wilhelm, Nays: None Approved: 7-0 vote Fickes Aqenda Item #8-G, Ordinance No. 562~ 1st readinq. Traffic Devises The City Manager, Curtis Hawk, explained the need for Ordinance No. 562, and that it would be replacing Ordinance No. 118, which was enacted in 1958. The ordinance changes the responsibility for the installation of traffic control devices from the Police Chief to the Director of Public Works. It also includes the latest requirements as required by law for the installation and placement of traffic control devices. This ordinance does not specifically repeal existing Ordinance No. 118, which addresses traffic control devices, but the attorneys determined that there are some items in the existing ordinance that should not be repealed. There is a "cumulative clause" in the new ordinance that repeals conflicting provisions with previous ordinances. Motion was made presented. Motion: Farrier Second: Apple to approve Ordinance No. 562, 1st reading, as Ayes: Nays: Approved: Mayor Fickes read the caption of Ordinance No. 562. Farrier, Apple, Fickes, O'Brien, Emerson, Wilhelm, Flckes None 7-0 vote Regular City Council Meeting Minutes May 5, 1992 page nine Agenda Item #9-At Resolution No. 92-15t Mayor Pro Tem Resolution No. 92-15, appointment of a Mayor Pro Tem, was approved, naming Rick Wilhelm to another one (1) term in that position. Motion: Emerson Second: O'Brien Ayes: Emerson, O'Brien, Apple, Farrier, Franks, Wilhelm, Fickes Nays: None Approved: 7-0 vote Aqenda Item #9-B, Resolution No. 92-17, Appointment of Deputy Mayor Pro Tem Resolution No. 92-17, appointment of a Deputy Mayor Pro Tem, was approved,., naming Jerry Farrier to a one (1) year term to that position. Motion: Franks Second: Emerson Ayes: Franks, Emerson, Farrier, O'Brien, Apple, Nays: None Approved: 7-0 vote Wilhelm, Fickes Aqenda Item #10-A, Award of Bid for Fire Bay Improvements The City Manager stated that Staff has met with several Councilmembers and several contractors concerning the bids received on April 15, for Fire Bay Improvements. The low bid of $21,600 was considerably over the $10,000 budgeted for the improvements. Staff recommends that City Council reject the bids, and revise the specifications and the project rebid in the following manner: 1) instead of a lump sum bid, the proposal would be broken down as follows: a) demolition. b) furnish and install steel building. c) furnish and install concrete foundation. d) furnish and install 18'X12' metal door. 2) contractors would bid on a one-story and two-story building. 3) no bonds would be required. 4) alternative bids for demolition, steel building, materials, steel erection, and the concrete foundation would be included in the proposal so that a contractor could bid on one or all four items. Motion above. Motion: Wilhelm Second: O'Brien Ayes: Wilhelm, O'Brien, Nays: None Approved: 7-0 vote was made to reject the bids and rebid in the manner stated Apple, Emerson, Farrier, Franks, Fickes Regular City Council Meeting Minutes May 5, 1992 page ten Agenda Item #11-A~ Discussion: Emerald Estates Sewer System The City Manager stated several weeks ago the citizens of Emerald Estates submitted a petition to the City Council requesting the City to assist them in the installation of a gravity sewer system in their subdivision. The Council instructed staff to prepare a cost estimate to install a sewer system in Emerald Estates, and staff has responded to the petition. Cheatham and Associates has prepared a cost estimate for a gravity sewer system that would serve the Emerald Estates Subdivision. The total cost estimate, including construction, engineering and surveying is estimated to be approximately $7,000 per lot. There are 49 lots in Emerald Estates. Mayor Fickes asked Staff to come to a feel for what the city could do to help on this sewer project. It was determined that city participation is the Emerald Estates Sewer System project would need to be looked at during the budget process, and that drainage should also be looked at. David Galliher, Emerald Estates. Mr. Galliher stated he is more than willing to continue talking with his neighbors about the sewer process, adding at some appropriate time, he would like for Council to meet with his neighbors in a question and answer session. Agenda Item #11-B~ Petition to propose Amendments to Ordinances The City Manager explained to Council the process involved in regard to a petition which was submitted to the City Secretary for the purpose of a proposed initiative ordinance. He reviewed the Certificate of Insufficiency of the Petition for Initiative and Referendum which was mailed to the Petitioner's Committee on May 5, 1992 by the City Secretary, as required in Section 7.33 of the Charter of the City of Southlake. In accordance with Section 7.33 (a)(3) of the City Charter, the petitioners have five days after receiving a copy of the certificate to file with the City Secretary a notice of intention to amend and ten days after receiving a copy of this certificate to file a supplementary petition correcting the current insufficiencies. Aqenda Item #ll-C~ Road Pro~ects in Southlake Curtis Hawk stated since the County is limited this year on the number of road projects they can reconstruct, staff needs direction from the Council on the streets that will be reconstructed. In the 1991-92 Street Budget, $101,000 was budgeted to reconstruct city streets. Regular City Council Meeting Minutes May 5, 1992 page eleven Agenda Item #11-C~ Continued A discussion was held by Council where Jellico Circle and Trail Creek Estates (Post Oak Trail and Cypress Creek) were considered to be in need of reconstruction. Council was asked to be prepared to establish a priority list during the next Council meeting, where an item will be on the agenda asking for permission to advertise for bids for this project. Conner Lam, Post Oak Trail, Southlake. Mr. Lam asked if it were feasible for sewer lines to go in while the street are being repaired? Curtis Hawk replied, it is possible, however, the City needs to 10ok at the costs.. Agenda Item #11-D~ Discussion: Ord. 561, Administrative Search Warrants. Director of Public Safety, Billy Campbell presented for discussion, an ordinance administrative search warrants, stating over the last several years the City has begun to develop a code enforcement program. A basic component of any concentrated code enforcement program will be the ability to access areas for inspection. Campbell explained the ordinance has two basic components: an enforcement order, and a search warrant. The ordinance gives the inspectors with nontraditional police power authority to inspect areas that have been denied them. Most inspections are covered in Article 2, Section 3, concerning zoning, building, mechanical, electrical and fire codes. When an inspector is denied access to areas that need to be inspected and there are no other alternatives, this procedure will provide the inspector an enforcement tool. Councilmember O'Brien suggested that a proposed ordinance be discussed by Council prior to it being put into ordinance form by the City Attorney, so that Council can discuss what should go into the particular ordinance, and if one is needed. He stated he feels ordinances take people's freedom away. O'Brien asked for more time to study this ordinance. Director Campbell stated he will make himself available to any Councilmember for discussions on this ordinance. Councilmember Franks suggested anytime discussions are held in regard to this ordinance, an attorney from our City Attorney's office or Judge Brad Bradley be present. Regular City Council Meeting Minutes May 5, 1992 page twelve Agenda Item #12~ Adjournment The meeting was adjourned at 9:35 p.m. Motion: Apple Second: Farrier Ayes: Apple, Farrier, Emerson, O'Brien, Wilhelm, Fickes Nays: None Approved: 7-0 vote ATTE ST: City Secretary ru i u E- E 7 :1 , . o L s cz w N Z > • r. Z :ii. "I \■ , IN s. . o . 4 . . . . . . ' e S C \.) .1 C6 f I 7-; \ 1 t GS il C1.3 V .V I i 1 eQ 1 ; 1 A -111 Tow COUNTY PRINTING a ![TWICE{ b In the name and by authority of The State of Texas i . i OATH OF OFFICE 1, JON MICHAEL FRANKS , do solemnly swear (or affirm), that 1 will faithfully execute the duties of the office of COUNCILMEMBER PLACE 5, CITY OF SOUTHLAKE of the State of Texas, and will to the best of m ability ty preserve, protect, and defend the Constitution and laws of the United States and of this State, so help me God. / i / /) / ' '��� , / 4, SWORN TO and Subscribed before me by Jon Michael Franks on this 5 day of May , 19 92 °1nn►►►n, $ • te a I Js. I` • •�, • T _ ignature of Person Administering Oath .. , e. Sandra L. LeGrand 4 (serif • ...... ' Printed Name ,,, *r �nuo a���� `'��� Notary Public Title A 411 Tow COUNTY MUTING & SERVICES aaurr^ �t¢✓ aa:. atnu^ ocaze;r ytra�ni^+ e.: aurr^ u�. ,- :u+nru,,ar:,ut*ye- 7.fac;.^e^ yvrr+^:^+ r. rutr:►* s. rtui::. awtrr snuu. ttuu.:: :ame�w'tu,,.ar^am.+'�+vc.,^v: sm.e^vn,.:^,'a„�T1;; V.: tin;:;.. 4 el 4 , k i In the name and by authority of The State of Texas 4 o OATH OF OFFICE 4 i I, STEPHEN W. APPLE, SR. , do solemnly swear (or affirm), that I will faithfully execute the duties of the office of COUNCILMEMBER PLACE 4, CITY OF SOUTHLAKE of the State of Texas, and will to the best of my ability preserve, rotect, and defend the Constitution and laws 1! P 4 of the United States and of this State, so help me God. 4 0 SWORN TO and Subscribed before me by Stephen W. Apple, Sr. on this 4 5 day of May , 19 9 If 1 ‘NT o Signature of Person Administering Oath <� ='- ; .. x = Sandra L. LeGrand v . ( / �\ . c" = Printed Name 4 Notary Public 4 �� �� i+ ++ + * �► *`r„ ` Title '( 0 1 � F THE STATE OF TEXAS COUNTY OFuJt.2 I, ktIlekV SME2vIJ as a member of the £ 6 j,iev/ make this affidavit and hereby on oath state th 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 .1J6) . 14v _ ,7 as those terms are defined in Chapter 171, Texas Local Government Code. The business entity is Rb / /(-). 11015 Scu /aKe Zl ✓D. r a nd ridoram),pwuk LNO D+J �1ro nd I have a substantial inte st 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 any decision involving this business entity and from any further participation on this matter whatsoever. Signed this A __ day of .441T40. , 19 9.Z • 4111r i ligiril iMIL------ ignature of official 6 2,042-( - 10a/10 - 11i2 /10 V Title i BEFORE ME, the undersigned authority, this day personally appeared and on oath stated that the facts hereinabove stated are true to the best of knowledge or belief. Sworn to and subscribed to before me on this day of , 19 Notary Public in and for the State of Texas My Commission Expires: Type /Print Notary's Name F 1 N A' Diane M. Combs Project Engineer Engineering & Construction April 9, 1992 Ms. Karen Gandy Zoning Administrator City of Southlake 667 North Carroll Ave. Southlake, TX 76092 RE: Fina Southlake Terminal Request for Masonry Requirement Variance Dear Ms. Gandy: The purpose of this letter is to request that the Southlake City Council grant a variance for Ordinance No. 557, as a masonry requirement for the new Fire Pump Building at the Fina Fueling Terminal. I feel a variance for the masonry requirement is justified at this location for the following reasons: 1. The variance will allow the new Fire Pump Building to remain compatible with all of the existing buildings on the Fina property. 2. The Fina property is currently being used as a Fueling Terminal which is wholly compatible with the development of adjacent properties along State Hwy. No. 26. 3. The location of the new Pump building is approximately 480 feet from State Highway No. 26 R.O.W. which is greater than 300 feet as described in Ordinance No. 557. 4. The new Fire Pump Building is pre-manufactured with external Fire Department connections on the wall where the masonry is required. Access to these connections would be impeded or blocked if masonry is added to the wall. The new Fire Pump Building is part of a totally new fire suppression system at the Fina Terminal. This system was designed and constructed to comply with a Southlake Fire Department directive to improve fire protection at the Fina facility. The design of this system has been reviewed and coordinated with several individuals with the Southlake Fire Department. If you have additional questions or if I can be of further assistance, please call me at (214) 750-2375. Si cerely, Diane Combs DMC:dgs cc: Southlake Fire Suppression Joe Baxley 0409921 Fina Oil and Chemical Company P.O. Box 2159 • Dallas, Texas 7' '50 -2400 • Fax (214) 750 -2582 KD -2