1992-07-07 CITY OF SOUTHLAKE
667 N. Carroll Avenue
REGULAR CITY COUNCIL MEETING
July 7, 1992 7:00 p.m.
MINUTES
COUNCILMEMBERS PRESENT: Mayor, Gary Fickes;
Wilhelm; Deputy Mayor Pro Tem Jerry Farrier.
Franks.
Mayor Pro Tem Rick
Members: Jon Michael
COUNCILMEMBERS ABSENT: Stephen Apple, Mike O'Brien, and Barry
Emerson.
CITY STAFF PRESENT: City Manager, Curtis E. Hawk; Director of
Public Safety, Billy Campbell; Director of Finance, LouAnn Heath;
Director of Public Works, Mike Barnes; City Planner, Greg Last;
Zoning Administrator, Karen Gandy; Eddie Cheatham, City Engineer;
Deputy Director of Public Safety, Fire Services, Jerry Williams;
City Attorney, Wayne Olson, and City Secretary, Sandra L. LeGrand.
INVOCATION: Councllmember 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 7:15 p.m.
Agenda 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 adjourned into executive
session at 7:17 p.m.
Council returned to Open Session at 8:15 p.m.
Agenda Item #1-Cd Action Necessary/Executive Session
Motion was made and approval given to the right of way dedication
of approximately 3,305 square feet from Fred Joyce to the City of
Southlake for $2,330.
Motion: Wilhelm
Second: Farrier
Ayes: Wilhelm, Farrier,
Nays: None
Approved: 4-0 vote
Franks, Ftckes
City Council Meeting Minutes
July 7, 1992
page two
Aqenda Item #2~ Approval of the Minutes
Motion was made and approval given to the Minutes of
1992 City Council meeting, as presented.
Motion: Franks
Second: Farrier
Ayes: Franks, Farrier, Wilhelm, Fickes
Nays: None
Approved: 4-0 vote
the June 16,
Aqenda Item #3~ Mayor's Report
Mayor Fickes reported that on this date, the State
Department bid the F.M. Reconstruction Project, which is to
curb and gutter. Hopefully, within 30 to 60 days, we will
progress in the construction of the street.
Highway
include
see some
The Mayor also reported the "Tree Ordinance" was delayed from being
on this agenda, due to Sally Hall being out of state. Plans are,
this item will be on the next agenda as a discussion item.
Aqenda Item #4, City Manager's Report
The City Manager, Curtis Hawk, reported on the construction going
on at the intersection of Continental Blvd., and South White Chapel
Blvd., stating, the intersection will be complete this week.
Aqenda Item #5~ Consent Agenda
The Consent agenda consisting of the following items, was discussed:
Resolution No. 92-28, Acceptance of Texas Department of
Transportation Minute Order No. 101086 amending Minute
Order No. 83515 regarding reconstruction of FM 1709.
5-B. Resolution No. 92-27, Support of funding for FM 1709
project from FM 1938 to western end of project.
5-C. Amendment to Rural Fire Prevention District Contract.
5-D o
Resolution No. 92-29, Recognizing the contribution of
State Senator Bob Glasgow in security approval from the
Transportation Commission of the Texas Department of
Transportation for the City's participation in the FM 1709
reconstruction project from SH 114 to US 377.
City Council Meeting Minutes
July 7, 1992
page three
Aqenda Item #5, Continued
10-A. Change Order No. 1 for FM 1709 Utility Relocation
Contract.
Motion was made to approve the consent agenda
as presented.
Motion: Farrier
Second: Wilhelm
Ayes: Farrier, Wilhelm, Franks, Fickes
Nays: None
Approved: 4-0 vote
adding, Item
#lO-A,
Information on Consent Aqenda Items:
Resolution No. 92-20, accepting Texas Department of
Transportation Minute Order No. 101086, by which the
State has agreed to accept the City's offer of a fixed
sum of $1,000,000 for the City's participation in the
FM 1709 reconstruction project.
Resolution No. 92-27, requesting the Regional
Transportation Council of the North Central Texas Council
of Governments to select the "Keller" FM 1709 project
for funding in the next three (3) year period. The City
of Southlake's portion of the FM 1709 reconstruction
project has been funded by the TDOT through its
discretionary use of the federal highway funds. The
Keller project (the portion of the FM 1709 project that
extends from Jellico Circle to U.S. 377) is not eligible
for discretionary funding.
Amendment to Rural Fire Prevention District contract is
straightforward and routine. These types of agreements
enable cities in the area to enhance our response
capabilities.
Resolution No. 92-29, recognizes the contribution of
Senator Glasgow in getting the Highway Transportation
Commission to accept our $1,000,000 contribution as our
participation in the FM 1709 project.
10-A.
Change order to FM 1709 Utility Relocation Contract. The
contract when completed will take the city through the
Phase I or "Southlake" portion of the FM 1709 project.
The remaining portion of the project, is from Jellico to
Pearson. The remaining portion will be done under
separate contract.
City Council Meeting Minutes
July 7, 1992
page four
Agenda Item #6-A~ Public Forum
Peter Sporrer, 1214 Woodsey Court, Southlake. Mr. Sporrer spoke in
support of the Roanoke Humane Society and asked Council to consider
funding this cause in the FY 1992-93 Budget.
Mayor Fickes replied he has been meeting in regard to
this issue, and feels it will take funding from other
area cities, as well as Southlake, to keep the Humane
Society open.
Aqenda Item #7-A~ Ordinance No. 480-70~ 2nd readinq (ZA 92-20)
Ordinance No. 480-70, 2nd reading is a zoning change request for
Block 1~ Lot 2, Jackson Addition, being more commonly known as 1991
E. Highland Street. Current zoning is "AG" Agricultural, with a
requested zoning for "SF-1A" Single Family-lA Residential. Owner:
Roger D. Hardin.
Zoning Administrator, Karen Gandy presented ZA 92-20, stating
fourteen (14) notices were sent to property owners within 200' and
to date, she received one responses, in favor of the request, from
George Sutton. The Southwest corner of this lot is in the 65 Ldn
noise contour. As long as no portion of the dwelling falls within
the contour, no additional acoustical design criteria will be
imposed during construction.
On June 4, 1992, the Planning and Zoning Commission recommended
approval of this request with a 6-0 vote. On June 16, 1992, the
City Council approved the first reading of the Ordinance.
The public hearing resulted with no comments from the audience.
Motion was made to approve Ordinance
presented.
Motion: Wilhelm
Second: Farrier
No. 480-70, 2nd reading as
Mayor Flckes read the caption of Ordinance No. 480-70.
Ayes: Wilhelm, Farrier,
Nays: None
Approved: 4-0 vote
Franks, Fickes
City Council Meeting Minutes
July 7, 1992
page five
Agenda Item #7-B, Ordinance No. 480-71~ 2nd readinq (ZA 92-21)
Ordinance No. 480-71, 2nd reading is a zoning change request for
2.988 acres situated in the John Childless Survey, Abstract No.
1207. Current zoning is "AG" Agricultural, and "SF-1A" Single
Family-lA Residential. Requested zoning is "SF-1A" Residential.
Location: West side of Burney Lane at 2980 Burney Lane. Owner:
David W. George.
Zoning Administrator, Karen Gandy noted eight (8) notices were sent
to property owners within 200', and has received one (1) response
in favor, from J.D. Jones Estates, Betty Foremon, Executrix. On
June 4, 1992, the Planning and Zoning Commission recommended
approval to Council with a 6-0 vote. On June 16, 1992, the City
Council approved the first reading of Ordinance No. 480-71.
Mr. David George was present to answer questions for Council.
The Public Hearing resulted with no comments from the audience.
Motion was made to approve Ordinance No.
2nd reading.
Motion: Franks
Second: Farrier
480-71, as presented for
Mayor Fickes read the caption of the ordinance.
Ayes: Franks, Farrier, Wilhelm,
Nays: None
Approved: 4-0 vote
Fickes
Agenda Item #8-A~ and Item #8-B~ Terry L. Wilkinson
Ordinance No. 480-72, 1st reading (ZA 92-23). Zoning
change request for Block 1, Lot 1, Wilkinson Addition,
being 4.873 acres situated in the Hall Medlin Survey,
Abstract No. 1083. Current zoning is "RE" Residential
Estates with a requested zoning of "SF-20A" Single
Family-20A". Owner: Terry L. Wilkinson.
8-Bo
ZA 92-24, Plat Revision of the Wilkinson Addition, being
a single lot addition being revised to Lots 1,2, and 3,
Latrobe Addition. Owner: Terry L. Wilkinson.
City Council Meeting Minutes
July 7, 1992
page six
Agenda Item #8-A and #8-B~ continued
Motion was made to table items #8-A and #8-B, as requested by the
applicant, time certain, July 21, 1992.
Motion: Wilhelm
Second: Farrier
Ayes: Wilhelm, Farrier, Franks, Fickes
Nays: None
Approved: 4-0 vote (to table).
Agenda Item #8-C~ Ordinance No. 480-73~ 1st reading (ZA 92-25)
Ordinance No. 480-73, a zoning change request for Block B, Lot 1,
Hart Industrial Park, being 0.919 acres out of the J.N. Gibson
Survey, Abstract No. 591. Current zoning is "I-l" Light
Industrial, with requested zoning is "S-P-l" Detailed Site Plan
District with gymnastics/dance studio uses. Owners: Alice and
Richard Diles, dba Gymnastics Plus.
Zoning Administrator, Karen Gandy, presented the case, noting seven
(7) letters were sent to property owners within 200' and to date
she has received one (1) favorable response from Mr. Wise, who is
also zoned I-1.
The Planning and Zoning Commission recommended approved on June 18,
1992, subject to the June 12, Plan Review Summary except for item
#2 (bufferyards). The Commission recommend no bufferyard along
Brumlow Avenue and substituting eight (8) trees in the Southeast
corner of the lot instead of the required plantings. They further
recommended granting the variance for reducing the parking spaces
from 45 to 39. Mrs. Gand¥ stated staff has recalculated the
parking requirements and has found that 49 are now required. The
second Plan Review Summary dated July 2, 1992 was presented.
John Levitt, Levitt Engineering, 720 Commerce
Mr. Levitt was present, representing the Diles,
for Council.
Street, Southlake.
to answer questions
A discussion was held in regard to the rational for wanting to do
away with the west and south bufferyard. Councilmember Farrier
stated he can understand not having the fence, but not the
plantings.
John Levitt stated he has spoken with the owners and they agree to
increase the number of trees and not encroach in the growing area.
Councilmember Wilhelm stated anything we get is virtually an
improvement over what we have there now.
City Council Meeting Minutes
July 7, 1992
page seven
Aqenda Item #8-C~ Continued
Motion was made to approve Ordinance No. 480-73,
the following modifications:
1st reading, with
a) reducing the parking area from 49 to 39 spaces as
presented.
b) delete bufferyard C on the west side.
c) modify on the south side, bufferyard F-1 to
contain 12 canopy trees, no other shrubs or trees.
d) to modify the bufferyard on the east to provide for
2 trees only.
e) reason for the modification of bufferyards is, it is
an existing improvement.
f) bufferyard to the west would be in the City
right-of-way.
g) not require a fence.
Motion: Wilhelm
Second: Farrier
Mayor Fickes read the caption of the ordinance.
Ayes: Wilhelm, Farrier,
Nays: None
Approved: 4-0 vote
Franks, Fickes
Agenda Item #8-D~ ZA 92-17~ Concept Plan Lot 1R~ North Davis
Business Park: Curtis Kidwell
ZA 92-17, A concept plan approval for an office/warehouse on Block
B, Lot 1R, North Davis Business Park, being 0.75 acres out of the
T.J. Thompson Survey, Abstract No. 1502. Current zoning is "I-l"
Light Industrial. Location: 2105 'Greenwood Drive. Owner:
Clarence Kidd. Applicant: Curtis Kidwell.
Zoning Administrator, Karen Gandy noted six (6) letters were sent
to property owners within 200' and to date one response has been
received from Mercantile Bank, in favor of the request.
On May 21, 1992, this item was tabled by the Planning and Zoning
Commission. June 4, 1992, P&Z recommended approval subject to the
May 29, 1992 Staff Summary Review Letter. This item was tabled by
the City Council on June 16, 1992.
Mayor Fickes thanked the applicants for reworking
the concept plan to include the suggestions made by
City Council during the last meeting.
City Council Meeting Minutes
July 7, 1992
page eight
Agenda Item #8-D~ Continued
Motion was made to approve the Concept Plan for Block B, Lot 1R,
North Davis Business Park, ZA 92-17, subject to the Review Plan #4,
dated July 2, 1992, with the waiver of the side bufferyard, Level
A, on the east property line.
Motion: Wilhelm
Second: Franks
Ayes: Wilhelm, Franks, Farrier, Fickes
Nays: None
Approved: 4-0 vote
Agenda Item #8-E and #8-Ft ZA 92-05 and ZA 92-06t Timarron
ZA 92-05, Preliminary Plat of Timarron, Phase III, Section One and
Two, being 137.20 acres out of the Hall Medlin Survey, Abstract No.
1037, the Hollingsworth & Barnett Survey, Abstract No. 797, and the
O.W. Knight Survey, Abstract No. 899. Owner: Timarron Land
Corporation, Inc.
ZA 92-06, Preliminary Plat of Timarron Golf Course, being 160.18
acres out of the Hall Medlin Survey, Abstract NO. 1037, the
Hollingsworth & Barnett Survey, Abstract No. 797, the J.N. Gibson
Survey, Abstract No. 432. Owner: Timarron Land Corporation, Inc.
Susan Evans, President of Timarron Land Corporation, Inc. requested
ZA 92-05 and ZA 92-06 be tabled, time certain July 21, 1992.
Motion was made to table ZA 92-05 and ZA 92-06, at the request of
Tlmarron Land Corporation, Inc., time certain July 21, 1992.
Motion: Wilhelm
Second: Farrier
Ayes: Wilhelm, Farrier, Franks, Fickes
Nays: None
Approved: 4-0 vote (to table)
Agenda Item #10-A~ Change Order No. 1 for FM 1709 Utility
Relocation Contract
This item was considered under the consent agenda, Item #5.
Agenda Item #ii-A, Discussion:' Amendment to Zoning Ordinance No.
480~ to allow Tents
Zoning Administrator, Karen Gandy referenced she received from Rick
Stacy dba Stacy Furniture at 280 Commerce Street, where he
petitioned the Mayor and City Council for a revision to the zoning
ordinance to allow the use of tents for retail business on a
temporary basis.
City Council Meeting Minutes
July 7, 1992
page nine
Agenda Item #ll-A~ Continued
The Zoning Administrator, Karen Gandy, recommended that Council
consider amending Section 34, "Accessory Uses", of the zoning
ordinance to allow tents in all nonresidential districts for the
purpose of promoting retail sales for a period not to exceed thirty
(30) days for a maximum of three (3) times a year with a sixty(60)
day separation between uses. She also recommended these structures
be in compliance with the provisions of the Uniform Building Code
as well as all development regulations of the applicable zoning
district.
Mayor Fickes suggested this provision be for not more than twice a
year. Additional comments include: provided the tents not take up
any existing parking; stay within prescribed set backs; the use
stay on their property, to prohibit leasing adjoining properties.
Councilmember Wilhelm expressed concern with
non-conforming use, in regard to the Stacy property.
expanding a
Mrs. Gandy agreed to poll other cities, and to proceed with
additional research on this issue.
Agenda Item #11-B~ Agreement between the City and Developers of
Dove Estates~ and Bank Street Package Treatment Plants
This items was not discussed tonight.
Agenda Item #11-C~ Discussion: Wastewater Ordinance
Michael Barnes, Director of Public Works, introduced a Wastewater
Ordinance, stating the Texas Health Department requires that all
citizens having a collection system adopt a Wastewater Ordinance.
The City of Southlake does not have an ordinance at this time,
however, with the installation of the Big Bear Interceptor, S-6,
S-4, N-3, and next year the S-2, sewer lines, the City needs to
adopt one, according to Barnes.
The City is in receipt of a model Wastewater Ordinance, prepared by
TRA, which also serves as an Industrial Waste Ordinance. This
ordinance regulates the amount and concentration of wastewater and
industrial waste allowed in the city's collection system.
With the adoption of this ordinance, the city will be able to:
1) Control and monitor the type of domestic and industrial
waste.
2) Control and monitor the concentration of industrial waste.
3) Require pre-treatment for industrial waste users.
4) Enforce violations of the ordinance.
5) Assess penalties for violating the ordinance.
City Council Meeting Minutes
July 7, 1992
page ten
Aqenda Item #Il-Cd Continued
Ernest Bramlett, Water and Wastewater Supervisor for the City was
also present to answer questions for Council.
The City Manager, Curtis Hawk, stated he will send the ordinance to
the City Attorney for their review and bring back to Council in the
near future.
Agenda Item #12, Adjournment
The meeting was adjourned at 10:00 p.m., by Mayor Gary Fickes.
Motion: Wilhelm
Second: Franks
Ayes: Wilhelm, Franks, .Farrier, Flckes
Nays: None
Approved: 4-0 vote
AT.TEST:
· sandra L. LeGrand
City Secretary
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City of Southlake, Texas
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M E M O R A N D U M UPI
it June 17, 1992
prn TO: HONORABLE MAYOR FICKES AND COUNCILMEMBERS
FROM: Sandra L. LeGrand, City Secretary
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SUBJECT: Councilmember Stephen Apple - Absence
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Councilmember Stephen Apple has ask me to inform each of you
that he will be leaving on vacation June 29, 1992,
returning on July 21, 1992. He will be traveling to Europe,
therefore, will miss the Council meeting to be held on July
7, 1992.
Please excuse his absence from this Council meeting.
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M E M O R A N D U M
ON July 6, 1992
'"' TO: HONORABLE MAYOR FICKES AND COUNCILMEMBERS
FROM: Sandra L. LeGrand, City Secretary
Mr
SUBJECT: Councilmember Mike O'Brien Absence
So Councilmember Mike O'Brien ask that I make you aware that he
will be out of the State during July and will be absent from
the City Council meetings held on July 7 and July 21, 1992.
He has plans to return for the first meeting in August.
He and his wife are on vacation in Hawaii. Please excuse
his absence.
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JUNE 19, 1992
MAYOR GARY FICKES
COUNCIL MEMBERS
SOUTHLAKE CITY COUNCIL
1110
RE: AMENDMENT OF CITY ORDINANCES
0.
DEAR MAYOR FICKES AND MEMBERS OF THE COUNCIL,
I REQUEST THE CITY ORDINANCES BE AMENDED TO ALLOW THE USE OF
TENTS FOR RE7AIL BUSINESS ON A TEMPORARY BASIS. THIS IS AN
EFFECTIVE METHOD TO ALLOW TEMPORARY ADDITIONAL SPACE NEEDED
TO MOVE A LARGE QUANTITY OF MERCHANDISE THROUGH OUR FACILITY
IN A COST EFFICIENT MANNER. THE ORDINANCE COULD BE
CONSTRUCTED IN SUCH A hAANER TO REQUIRE SPECIAL PERMITS 6O HS
TO LIMIT TIME ACCORDING TO SPECIFIC NEEDS OF THE BUSINESS AT
0, THE TIME REQUESTED.
or
THANK YOU FOR YOUR CONSIDERATION ON THIS ISSUE.
an
SINCERELY,
101 RICK STACY
STACY FURNITURE
OP
4114
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