Loading...
1992-06-02 CITY OF SOUTHLAKE 667 N. Carroll Avenue REGULAR CITY COUNCIL MEETING June 2, 1992 7:00 p.m. MINUTES COUNCILMEMBERS PRESENT: Mayor Gary Fickes; Mayor Pro Tem Rick Wilhelm; Deputy Mayor Pro Tem Jerry Farrier. Members: Mike O'Brien, Stephen Apple, Barry Emerson, and, Jon Michael Franks. CITY STAFF PRESENT: Curtis E. Hawk, City Manager; Billy Campbell, Director of Public Safety; Michael Barnes, Director of Public Works; LouAnn Heath, Director of Finance; Karen Gandy, Zoning Administrator; Greg Last, City Planner; Eddie Cheatham, City Engineer; Chris Terry, Assistant to the City Manager; Wayne Olson, and Analeslie Muncy, City Attorneys; and, Sandra L. LeGrand,. City Secretary~ INVOCATION: Jerry Farrier. The Work Session was called to order at 6:30 p.m. to discuss the agenda items scheduled for tonight's meeting. Mayor Gary Fickes called the Regular City Council meeting to order at 7:07 p.m. Aqenda Item #l-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 7:50 p.m. Aqenda Item #1-Cd Action Necessary/Executive Session As the result of the executive session, motion was made to approve a contract between the City of Southlake and James Sullivan Jr., James Sullivan Sr., and Elizabeth Brister, whereby the City of Southlake will acquire 3,433 square feet of land along North Peytonville Road, for the sum of $4,943.52. Motion: Wilhelm Second: Emerson Ayes: Wilhelm, Emerson, Farrier, Franks, O'Brien, Apple, Fickes Nays: None Approved: 7-0 vote City Council Meeting Minutes June 2, 1992 page two Agenda Item #2, Approval of the Minutes The Minutes of the Regular City Council meeting held on May 19, 1992, were approved as revised in Work Session. Motion: Emerson Second: O'Brien Ayes: Emerson, O'Brien, Apple, Franks, Wilhelm, Farrier, Fickes Nays: None Approved: 7-0 vote Agenda Item #3, Mayor's Report Mayor Fickes announced that the City Council will be attending the Annual Retreat on June 4 and 5, at Marriott Solana. A copy of the agenda appears on the official Bulletin Boards for exact time and place. The sessions will be open to the public. Mayor Pro Tem Rick Wilhelm reported on the Southlake Economic Development Council, stating on May 28, they met on TW King Road at the DalDen Corporation, in an effort to gain input from the local business to find what the business finds good and not so good about the city. SEDC has plans to visit other establishments in the city. He added they were taken around the plant by Gary Rice who lives in Southlake, who stated DalDen was a major supplier not only for the United States government, but for foreign governments throughout the world. Agenda Item #4~ City Manager's Report The City Manager's Report resulted with no comments. Agenda Item #5, Consent Aqenda The Consent agenda, consisted of one item: 5-A, Contract for Inspection Services, between the City of Southlake and Tarrant County Health Department for 1992-1993. Motion was made to approve the consent agenda consisting of Item #5-A. Motion: Emerson Second: Farrier Ayes: Emerson, Farrier, Franks, O'Brien, Apple, Wilhelm, Fickes Nays: None Approved: 7-0 vote City Council Meeting Minutes June 2, 1992. page three Agenda Item #6~ Public Forum The public forum resulted with no comments from the audience. Agenda Item #7-A~ Ordinance No. 480-01B, 2nd reading. Timarron Ordinance No. 480-01B, 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 in the Hall Medlin Survey, Abstract No. 1038, Tract 2F and a 1.008 acre tract of land in the John N. Gibson Survey, Abstract No. 591, Tract lB1. Current zoning is "AG" Agricultural, with a request for "R-P.U.D." Residential Planned Unit Development. Owner: Timarron Land Corpgration, Inc. Karen Gandy, Zoning Administrator noted approval was given by the Planning and Zoning Commission during their March 19, 1992 meeting, subject to the March 13, 1992 summary review letter. This ordinance was tabled by the City Council on April 7 and May 5, 1992. On May 19, 1992, the City Council approved the first reading of the ordinance, by a 5-2 vote, subject to the April 16, summary review letter. The City Planner, Greg Last assured plating stages, the road off of F.M. Circle. Councilmembers that in the 1709 must line up with Diamond Susan Evans, President of Timarron Land Corporation was present for the meeting, but had no comments. The public hearing resulted with no comments from the audience. Motion subject to the April 16, 1992, summary review letter. Motion: Emerson Second: Apple Mayor Fickes read the caption of the ordinance. Ayes: Emerson, Apple, O'Brien, Wilhelm, Franks, Fickes Nays: Farrier Approved: 6-1 vote * see Wilhelms comments on page nine in regard to his vote Agenda Item #7-B~ Ordinance No. 565~ 2nd readinq~ SW Telecommunications Agreement. was made to approve Ordinance No. 480-01B, second reading, Bell The City Manager, Curtis Hawk, stated the second reading on Ordinance No. 565, Southwestern Bell Telecommunications Agreement was tabled during the last Council meeting, stating their are still two areas that could not be resolved by the attorney's, however, by leaving the ordinance silent in Section 10 and Section 17C, it would make the ordinance the same as the current ordinance in regard to venue and indemnity. City Council Meeting Minutes June 2, 1992 page four Agenda Item 7-B~ Continued The public hearing resulted with no comments. Motion was made to approve the 2nd reading of Ordinance No. 565, with the deletion of Section 10 and Section 17C, with the inclusion of the "most favorite nation" clause being added in Section 15. Motion: Wilhelm Second: Franks Mayor Fickes read the caption of the ordinance. Ayes: W$1helm, Franks, O.'Brien, Apple, Emerson, Nays: None Approved: 7-0 vote Farrier, Fickes Agenda Item #7-C~ Ordinance No. 561~ 2nd reading. Administrative Search Warrants Director of Public Safety, Billy Campbell, stated during the last Council meeting there were some questions concerning wording on the execution of a search warrant. Also, Councilmember Stephen Apple stated he would like the wording in Section 4-2 repeated in Section 7 and Section 14 to make it more clear. Campbell added, those changes have been made. Public Hearing Robert Downard, 1255 Randol Mill Road, Southlake. Mr. Downard stated his concerns with the ordinance have been lessened by talking to Director Campbell. His concern is with entering a private residence. He feels this could constitute unreasonable search. He feels there should be great restriction in entering a private residence. Motion changes Motion: Second: was made to approve Ordinance No. to Section 7. Apple Farrier 561, 2nd reading, with the Mayor Gary Fickes read the caption of the ordinance. Ayes: Apple, Farrier, Nays: O'Brien Approved: 6-1 vote. Franks, Wilhelm, Emerson, Fickes City Council Meeting Minutes June 2, 1992 page five Aqenda Item #8-A~ Ordinance No. 480-69~ 1st reading (ZA 92-16) Ordinance No. 480-69, 1st reading, is a request for zoning change for a 2.47 acre tract of land out of the Francis Throop Survey, Abstract No. 1511, Tracts 1S, 1T, ltl, and 1U. Current zoning is "AG" Agricultural, with a request for "SF-1A" Single Family-iA Residential. Location: North side of East Dove Road, approximately 600 feet West of the intersection of North Kimball Avenue, with East Dove Road. Owner: Unique Incorporated; Barbara Bone, President. Applicant: James M. and Linda Tompkins. Karen Gandy, Zoning Administrator, informed Council that this property falls within the low density residential district on the Land Use Plan. She sent twelve (12) letters to property owners within 200 feet and to date has received two (2) responses, both in favor, fr~m Mable Cate an~ Jimmie Lee Cox. On May 21, 1992, the Planning and Zoning Commission recommended approval of the zoning change request by a 5-0 vote. Mr. James M. Tompkins was present for the meeting but had no comments. Motion was made to approve the 1st reading of Ordinance No. as presented. Motion: Franks Second: O'Brien 480-69 Mayor Fickes read the caption of the Ordinance. Ayes: Franks, O'Brien, Apple, Wilhelm, Emerson, Farrier, Nays: None Approved: 7-0 vote Fickes Aqenda Item #8-B~ Final Plat for SouthRidge Lakes~ Phase Vd Sections One and Two Final Plat of SouthRidge Lakes, Phase V, Sections One and two. Section One has 10.76 acres out of the A.A. Freeman Survey, Abstract No. 522, the Littleberry G. Hall Survey, Abstract No. 686, and the T.M. Hood Survey, Abstract No. 706. Sixteen (16) Lots are proposed for Section One. Section Two is 25.177 acres out of the T.M. Hood Survey, Abstract No. 706, and the Littleberry G. Hall Survey, Abstract No. 686. Forty-three (43) lots are proposed for Section Two. Current zoning is "SF-20A" Single Family-20A Residential. Location: Section One is in the center of the development, north of Phase I. Section Two is East of Section One and North of Phase 2. Owner/applicant is Arvida/JMB Partners, L.P. II. Mrs. Gandy noted on May 21, 1992, the Planning and Zoning Commission recommended approval of the final plat subject to the May 15, summary review letter with changes to #5, in regard to six lots with frontage on two streets City Council Meeting Minutes June 2, 1992 page six Agenda Item #8-B, Continued Jonh Levitt and Sean Randol were present for the meeting. Councilmember Jerry Farrier noted according to the summary letter dated May 15, 1992, twenty percent (20%) of the eleven (11) lots in this Phase are asking for an exception. review lots or Sean Randol feels Council has been willing to work with them in the past, therefore they are asking for a variance again. He added, corner lots give them the problem with 35' on each side. Having this variance will give the builders more room to work with. Motion was made to approve the Final Plat of SouthRidge Lakes, Phase V, subject to item #2 in the summary review letter dated May 29, 1992, and deleting item #4. Motion: Wilhelm Second: Emerson Ayes: Wilhelm, Emerson, O'Brien, Apple, Farrier, Franks, Fickes Nays: None Approved: 7-0 vote Aqenda Item #8-C, Ordinance No. 480-G, 1st readinq. Ordinance No. 480-G, is a revision to the Zoning Ordinance No. 480, Section 29, "MH" Manufactured Housing District and Section 34.1 (e), "Accessory Uses," adding the "MH" District to the permitted districts for "private residential garages, carports, and unrelated storage buildings and greenhouses accessory to permitted residential uses." Karen Gandy, Zoning Administrator informed Council that this action was initiated by Brian Higgins who would like to construct a carport on the front of his manufactured home at 1218 Woodsey which is zoned "MH." On May 21, 1992, the Planning and Zoning Commission recommended adding the "MH" district to the referenced section. P&Z felt that it was appropriate to treat carports as any other accessory structure and to allow them in the front of the primary structure as long as they did not encroach into the required front yard setback. Motion was made to approve Ordinance No. Motion: Farrier Second: Franks 480-G, 1st reading. Mayor Fickes read the caption of Ordinance No. 480-G. Ayes: Farrier, Franks, Nays: Wilhelm, Apple Approved: 5-2 vote O'Brien, Emerson, Fickes City Council Meeting Minutes June 2, 1992 page seven Aqenda Item #9-A~ Resolution No. 92-25~ "Paying Aqent" The City Manager explained Resolution No. 92-25, approving and authorizing the execution of a "Paying Agent/Registrar Agreement" in relation to the "City of Southlake, Texas, Tax and Waterworks and Sewer System (Limited Pledge) Revenue Certificates of Obligation, Series 1992, and resolving other 'matters incident and related hereto," is the next step in the process of issuing the Certificates of Obligation. Motion was made to approved Resolution No. 92-25, Motion: Emerson Second: Apple Ayes: Emerson, Apple, O'Brien, Wilhelm, Farrier, Nays: None Approved:'7-0 vote as presented. Franks, Fickes Agenda Item #11-A~ Discussion: "No Smokinq Ordinance" The City Manager, Curtis Hawk stated a draft of a "No Smoking" ordinance was prepared by Chris Terry, Assistant to the City Manager, derived from those used by area cities. This ordinance has been on the back burner for sometime, and was initiation by former Councilmembers. Now that it is apparent that Southlake will have a grocery store and a sit-down restaurant, it is important that we proceed to get our controls in place before their occupancy. Staff would like Council direction on this ordinance. After discussion, Councilmembers felt it is important that all businesses be notified of this proposed ordinance prior to action being taken to approve it. It was suggested over the next thirty (30) days, City Staff advertise this ordinance in an attempt to inform as many businesses as possible that the ordinance is being considered, using the city newsletter and area newspapers. Agenda Item #11-B~ Discussion: Establishment of an Appeal Board The City Manager, Curtis Hawk explained under the Housing Code, the Board of Adjustments serves as the appeals body. The Uniform Construction codes provide for one, but we have not established who that will be. Given this, the absence of an appointed board or the assignment of the responsibility to the Board of Adjustment, City Council is the only avenue of appeal. The City Manger asked for Council direction on this issue. Councilmember Wilhelm stated he feels it is imperative that members of an appeal board have background in construction. City Council Meeting Minutes June 2, 1992 page eight Agenda Item #11-B~ Continued Mayor Gary Fickes asked if other area cities have an appeal board. It was suggested that area cities work together on this, pooling their resources, having one board for all cities to use. The Mayor also asked if we are to the point of needing an appeal board. The City Manager suggested possibly it could be handled through an Interlocal Agreement, as most all cities use the Uniform Housing Code. Councilmember Jerry Farrier feels we should go like we are for the time being, as there is not that much of a need at this time. Agenda Item #ll-C~ Discussion: Extension TRA-Big Bear Creek Interceptor The Director of Finance, LouAnn Heath stated TRA has approached City Staff regarding the long-term financing of the Big Bear Creek Interceptor Extension. The original contract was made in 1990 for TRA to issue $12,759,000 in bonds to build the interceptor. Southlake participated in this project 33.64%, along with the cities of Keller (40.35%), and Fort Worth, (26.01%). The City Manager stated there are two options in which to recover the funds, as set out in the memo from Mrs. Heath. Fort Worth wants to refund a potion of the outstanding bonds, and Keller wants to use the amount to pay debt service in 1993 and 1994. Our vote will decide which option to exercise. The refunding will produce the most savings over the life of the bonds, the other option the most immediate impact. Mr. Hawk expressed that Fort Worth and Keller want to move quickly as they are funding a new project together and need the funds. Councilmember Wilhelm asked if all three (3) cities on the same option? He stated he would like to over the life of the bonds. have to agree see an analysis The City Manager will get more information for Council, prior to them having to make a decision. City Council Meeting Minutes June 2, 1992 page nine Aqenda Item #12~ Adjournment Motion was made to adjourn the meeting at Motion: O'Brien Second: Apple Ayes: O'Brien, Apple, Franks, Farrier, Emerson, Nays: None Approved: 7-0 vote 9:10 p.m. Wilhelm, Fickes ATTEST: ~andra L. LeGrand City Secretary * Agenda Item #7-A~ Ordinance No. 480-01B~ 2nd reading Timarron Mayor Pro Tem Wilhelm relayed his reason for voting in favor of the zoning change as follows: having voted against it last time, and Susan Evans understands his reasons and being on the low side of the vote, he voted for it, to demonstrate that he hopes this is a successful community that they are building. ,. ,.. ... . i ... 1 r) ` r -w ,.... "� z -,_- rn O _ _ t is eu d ow E N IN z R OW v a C PO 1V C N _ WO is � ] N J/ , te. r-: -. 1 1. V• _ r V - - 111r 3 - MI Mk 0 1 ) r i. a 4 Q z A r A. Pm l > Om n m z 1 >> * .-� -.1 n ,- . ow '�., . ,, c n ,,, ....