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1992-08-04 CITY OF SOUTHLAKE 667 N. Carroll Avenue REGULAR CITY COUNCIL MEETING August 4, 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: 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; Deputy Director of Public Safety, Fire Services, Jerry Williams; Deputy Director of Public Safety, Police Services, Malcolm Jackson; Assistant to the City Manager, Chris Terry; City Engineer; Eddie Cheatham; City Attorney, Wayne K..Olson; and, City-Secretary, Sandra L. LeGrand. ]iNVOCATION: Councilmember Jerry Farrier. The Work Session was called to order at 6:30 p.m. to discuss the agenda items for tonight's meeting. Mayor Gary Fickes called the Regular City Council meeting to order at 7:10 p.m. ~qenda Item #i-B~ Executive Session Mayor Fickes hereby advised the audience that Council would be going into executive session pursuant to Section 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 7:10 p.m. Council returned to open session at 7:45 p.m. Agenda Item #1-C~ Action Necessary/Executive Session No action was necessary as the result of the executive session. Aqenda Item #2t Approval of Minutes Motion was made to approve the Minutes of the July 21, Council meeting as revised in work session. Motion: Wilhelm Second: Apple Ayes: Wilhelm, Apple, Franks, Farrier, Emerson, Fickes Nays: None Abstention: O'Brien Approved: 6-1 vote 1992, City City Council Meeting Minutes August 4, 1992 page two Agenda Item #3~ Mayor's Report Mayor Fickes announced the Metroport Cities group will be having a "Get Together" on August 27, 1992, at Solana, in Westlake, from 5:30 p.m. to 7:00 p.m., inviting Mayors, Councilmembers and Chamber members from the eight (8) cities involved with Metroport. Councllmember Rick Wilhelm referenced a visit that Southlake Economic Development Council had at DalDen Corporation, located on T.W. King in Southlake, a month or so ago. Last Friday evening, he attended a meeting at DalDen with the president of the holding company. Wilhelm noted for a while Southlake was off the list for any kind of expansion of the company, however, some ideas have come up and hopefully Southlake will be looking at from $800,000 to $1,000,0Q0 expansion of the project. At this time it is between Southlake and Las Vegas, Nevada. SEDC hopes this will increase the tax base in the near future for the City of Southlake. Agenda Item #4~ City Manager's Report Curtis Hawk, City permits have been for Southlake. Manager, reported forty-eight (48) building issued for the month of July, an all time high Agenda item #5~ Consent Agenda Mayor Fickes stated at the request of Council, agenda item 5-C has been removed from the consent agenda and will be considered separately. The Consent items, consisting of the following, were considered: 5-A. Underground electrical utility easement dedication for the City of Southlake. 5-B. Dedication of Right-of-Way along Peytonvllle Avenue. Motion was made to approve the consent presented. Motion: Emerson Second: Apple Ayes: Emerson, Apple, Franks, Farrier, Nays: None Approved: 7-0 vote items, 5-A and 5-B as O'Brien, Wilhelm, Flckes City Council Meeting Minutes August 4, 1992 page three Agenda Item #5, Continued Information on Consent Agenda Items: Tri-County Electric Cooperative, Inc. has requested a 10' underground electrical utility easement along the east and south property lines of the acre tract of land owned by the City of Southlake, south of Bicentennial Park. The purpose of this easement is to provide underground electrical service to Crossroads Square and along the White Chapel portion of the proposed easement. 5-Bo Two plats dedicating right-of-way along Peytonville Avenue, both from Arvida, have been dedicated at no cost to the City. The total property being dedicated is 1.07 acres, and is being dedicated to enhance the reconstruction of Peytonville Avenue. Agenda Item #5-C, Resolution No. 92-34~ Variance to Siqn Ordinance Resolution No. 92-34, granting a variance to the Sign Ordinance 506, Section 12, to the Southlake Assembly of God Church was considered by the City Council. No. The Southlake Assembly of God Church, located at 101 E. Highland, wishes to replace the existing sign with a new sign. The site plan indicates that this sign does not meet the required setback from the property line on North White Chapel Blvd. The City Manager, Curtis Hawk explained the request as whether or not to grant a variance to the sign as it relates to setback requirements and allow them to replace the existing sign with a new one. Councllmember Franks asked how the City would be assured the Church would remove the sign. Curtis Hawk stated the city can require them at any time to remove the sign. City Attorney, Wayne K. Olson stated this is a rather unique situation. A variance to permit signs in right-of-ways should not become a matter of course, but in his opinion, all they are doing is replacing an existing sign, which is already in the right-of-way, and a fact that should be considered. Council has, by the sign ordinance, the authority to limit the variances if they want to. Olson stated, it is his understandin the applicant has agreed to remove the sign without compensation at such time as White Chapel Blvd. is widened. City Council Meeting Minutes August 4, 1992 page four Aqenda Item #5-C~ Continued Councilmember Wilhelm stated he is concerned with the precedent this would create with the City granting the someone to put a sign in the right of way. potential right for Mr. Gregory stated plans are at the time of widening White Chapel Blvd., they would tear down the sign. At this point there is no place they could put the sign where it could be seen. The sign has all ready been purchased. Curtis Hawk noted Lee Roberts, Building Official, has reviewed the request and does recommend the variance be granted as the sign itself does meet the sign ordinance. Motion was made to approve the request for variance to the sign ordinance, to allow the erection of the new sign at the site of the existing sign, having the minutes reflect that the church has agreed to remove the sign and it would be on the south side of the building, at no cost to the city, anytime the City makes the request; with these conditions being added to the resolution. Motion: Farrier Second: O'Brien Ayes: Farrier, Franks, Nays: None Approved: 7-0 vote. Emerson, Wilhelm, Apple, O'Brien, Fickes Agenda Item #6-A, Public Appearance Karen Apple, a representative of the Citizens of $outhlake who support library services in Southlake. Mrs. Apple gave an overview of progress with regard to library services in Southlake, noting there are currently 3,338 library card holders in Grapevine who are residents of Southlake, with about sixty (60) being added each month. From 1991-92, there has been $27,500 in fund raisers and city contributions to the library. Mrs. Apple stated they have met their objectives so far, with the Interlocal Agreement, providing library services and are beginning to build a collection of books. As the population grows, the city will need a facility. They have begun to look at the joint use of facilities for a community center, library and park use. FOSL feels the 1/2 of 1% sales tax is a creative way to fund the facilities. City Council Meeting Minutes August 4, 1992 page five Aqenda Item #6t Continued Rod Johnson, a representative of the Southlake Park and Recreation Board, was present and stated the Park and Recreation Board has established a Park Master Plan and they feel the next step is implementing the Plan. If they were to implement the plan, it would require $4,100. for every residential lot developed. An alternative to this would be to follow Amendment 5190.6 which allows cities to collect an additional 1/2 of 1% sales tax, according to Johnson. The Southlake Park and Recreation Board and the Friends of the $outhlake Library request City Council approve the formation of a special task force to research and undertake a campaign charge with promoting the passage of a 1/2 of 1% sales tax election. It is suggested, this special Mayor's Sales Task Force be comprised of members from each group and interested citizens of the community. Mayor Fickes stated he would be happy to appoint co-chairpersons to a task force for the election to increase sales tax if the City Council wishes. Councilmember Emerson stated one of the things they need to look at is competitiveness with businesses in Southlake. Aqenda Item #6-Bt Public Forum No comments were received during the public forum. Agenda Item #7-A~ Ordinance No. 480-72~ 2nd readinq (ZA 92-23) Ordinance No. 480-72, 2nd reading is a 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. Karen Gandy, Zoning Administrator noted staff waived the required Concept Plan because of the limited size of the project and the accompanying plat revisions. Three (3) notices were sent to property owners within 200' and to date no responses have been received. The public hearing resulted with no comments from the audience. Motion was made to approve the 2nd reading of Ordinance No. 480-72. Motion: Emerson Second: Franks Mayor Fickes read the caption of the ordinance. Ayes: Emerson, Franks, Farrier, O'Brien, Apple, Wilhelm, Fickes Nays: None Approved: 7-0 vote City Council Meeting Minutes August 4, 1992 page six Aqenda Item #8-At Ordinance No. 480-74, 1st readinq (ZA 92-30) Ordinance No. 480-74 is a zoning change request for 1.17 acres situated in the John A. Freeman Survey, Abstract No. 529, Tract 4Al. Current zoning is "AG" Agricultural, with a request for "O-1" Office-1 Zoning District. Owner: Beverly Bratcher and the applicant is James Phipps dba Paymaster. Motion was made to table Ordinance No. 480-74, at the applicant, time certain September 1, 1992. Motion: Wilhelm Second: Franks Ayes: Wilhelm, Franks, Farrier, Emerson, O'Brien, Nays: None Approved: 7-0 vote (to table) the. request of Stephen, Flckes Mayor Fickes asked the City Attorney to proceed with a written opinion in regard to permitted uses under the Office-1 Zoning District, as previously discussed, in regard to ZA 92-30. Aqenda Item #8-B~ Ordinance No. 480-75, 1st readinq (ZA 92-26) Ordinance No. 480-75 is a zoning change request and Concept Plan approval for a 12.36 acre tract of land situated in the J.G. Allen Survey, Abstract No. 18, Tracts 4A7, 4A7A, and 4A7B. Current zoning is "AG" Agricultural, with a requested zoning of "CS" Community Service. Owner: St. Martin in-the-Fields Episcopal Church. Karen Gandy, Zoning Administrator stated this property falls in low density residential on the Land Use Map. The property was annexed into the City of Southlake in October, 1987 and the church was all ready in existence. Six (6) letters were sent to property owners within 200' feet, and responses include: One (1) in favor, from Mrs. Harold Pipes. Mrs. Pipes still owns the surrounding property to the North, East and Southeast. On July 23, 1992, the Planning and Zoning Commission approved the request subject to the Plan Review Summary dated July 17, 1992. They supported the applicant's request for a masonry variance also. Bob Bess, Senior Warrant of the Church, was present to answer questions or concerns for Council. Bess stated the existing building will serve them for at least the next ten (10) years, and the last phase of the project will be moving into a new building. City Council Meeting Minutes August 4, 1992 page seven Aqenda Item #8-B~ Continued Wilhelm stated he would like to see a resubmittal of the plan deleting reference to the lighting on the baseball diamond as shown on the current plat. Motion was made to approve Ordinance No. 480-75, 1st reading, granting a variance on the masonry on the North and East sides, with the July 31, 1992 Staff Summary Review Letter and the Concept Plan review letter #2, dated July 31, 1992, with no lighting on the ballfields. Motion: Wilhelm Second: Apple Ayes: Wilhelm, Apple, Franks, Farrier, Emerson, O'Brien, Flckes Nays: None Approved:-7-0 vote Aqenda Item 98-Ct ZA 92-27~ Pre Plat for Block it Lot i & 2 St. Martin in-the-Fields Church Preliminary Plat for Block 1, Lot 1 & 2, St. Addition, being 12.36 acres situated in Abstract No. 18, Tracts 4A7, 4A7A, and 4A7B. in-the-Fields Episcopal Church. Martin in-the-Fields the J.G. Allen Survey, Owner: St. Martin Zoning Administrator, Karen Gandy, noted the same letters were sent to property owners within 200'. On July 23, 1992, the Planning and Zoning Commission approved the preliminary plat, with a 5-0 vote, subject to the Plat Review Summary dated July 17, 1992. The second Plat Review Summary dated July 30, 1992 is in the packets. Bob Bess answered questions in regard to drainage on the property, stating they are attempting to gather information in regard to drainage. At this point they are working with estimates, as the city does not have the drainage information necessary. Greg Last, City Planner stated the City requires a preliminary drainage study with a preliminary plat, and he feels the City can live with preliminary numbers. Motion was made to approve ZA 92-27, preliminary plat, subject to the July 31, 1992 Summary Review Letter. Motion: Franks Second: Farrier Ayes: Franks, Farrier, Emerson, O'Brien, Apple, Wilhelm, Fickes Nays: None Approved: 7-0 vote City Council Meeting Minutes August 4, 1992 page eight Agenda Item #8-D~ ZA 92-28t Final Plat for Block it Lots St. Martin in-the-Fields Addition The Final plat of Block 1, Lots 1 & 2, St. Martin in-the-Fields Addition, being 12.36 acres situated in the J.G. Allen Survey, Abstract No. 18, Tract 4A7, 4ATA, and 4A7B. Owner: St. Martin in-the-Fields Addition. The Zoning Administrator noted no additional notices were required to be sent. On July 23, 1992, the Planning and Zoning Commission approved this final plat, subject to the July 17, 1992 Summary Review Letter and the #2 revised letter dated July 30, 1992. Motion was made to approve ZA 92-28, Final Plat for Block 1, Lots & 2, St. Martin in-the-Fields Addition, subject to the July 31, 1992, Summary Review Letter. Motion: Franks Second: Emerson Ayes: Franks, Emerson, Farrier, O'Brien, Apple, Wilhelm, Flckes Nays: None Approved: 7-0 vote Aqenda Item #10-A~ Set Priorities for Roads/Issuance of $1.5 Million General Obliqation Bonds The City Manager, noted Staff members met with Chairpersons of the various committees of the Road Improvements Task Force to recommend priorities to the City Council for roads to be included in the first issuance of our street bonds. Staff needs direction on which roads to include in order to proceed with this process. On November 7, 1992, the city will receive the cash and the bonds will go to the purchaser. There was a consensus that the following roads should be reconstructed in the first phase of the street bond program: 1) N. Carroll Avenue, From SHll4 to Dove $575,000. 2) N. Carroll Avenue, From FM1709 to SHll4 225,000. 3) Peytonville from FM1709 to Continental 350,000. 4) N. Carroll Avenue, from Dove to Burney 125,000. 5) Realign the intersection of Dove and White Chapel, Carroll, and FM1709, and the right-of-way acquisition along Peytonville Road 225,000. Councilmember Wilhelm asked if the City is locked into a list of recommendations. The City Manager replied the list can change until construction has started, however, the city is bound to $1.5 million. City Council Meeting Minutes August 4, 1992 page nine Agenda Item #10-AI Continued The City Manager stated staff will proceed with the schedule, which will require several people to go to the bonding company on September 24 and 25, 1992. Motion was made to accept the priorities listed #1 thru #5, subject to changes as necessary. Motion: Wilhelm Second: Emerson Ayes: Wilhelm, Emerson, Farrier, Franks, O'Brien, Apple, Fickes Nays: None Approved: 7-0 vote Agenda Item #ll-AI Proposed Fiscal Year 1992-93 Budget The City Manager, Curtis Hawk stated in accordance with the Texas Local Government Code and the Charter of the City of Southlake, the proposed Annual Budget for fiscal year beginning October 1, 1992 and ending September 30, 1993, is submitted for your consideration. The budget presents in financial terms the plan for accomplishment of municipal objectives during the forthcoming fiscal year. Hawk stated the proposed FY92-93 Annual Budget has four (4~ separate fund accounts: General Fund; Utility Fund; Debt Servic~ Fund; Special Revenue-Parks/Recreation Fund. The proposed FY92-93 Annual Budget projects $4,264,471 in General Fund revenues, which is an increase of $580,640 or 15.8% from the FY91-92 Annual Budget. Revenues projected in the proposed FY92-93 Budget will support the estimated $4,512,219 in General Fund expenditures. The proposed Budget reflects a decrease in the undesignated Fund Balance, beginning at $1,011,680 and ending at an estimated $693,932. The proposed budget projects an increase of ten (10) positions the General Fund. maintain are: in These positions are needed to enable the City to effective management of the service demands. The positons Two (2) full time Firefighters/Paramedics One (1) full time Public Safety Officer One (1) full time Traffic Enforcement Officer One (1) part time Administrative Intern One (1) full time Building Maintenance Worker One (1) part time Leisure Service Coordinator One (1) temporary Park Maintenance Assistant One (1) full time Engineer in Training One (1) full time Planner I City Council Meeting Minutes August 4, 1992 page ten Agenda Item #ll-A~ Continued A copy of the information provided by the City Manager in regard to the Proposed FY 92-93 Budget is incorporated into the minutes. Agenda Item #12, Adjournment The meeting was adjourned at 9:15 p.m. Motion: Emerson Second: Franks Ayes: Emerson, Franks, Farrier, O'Brien, Nays: None Approved: 7-0 vote Apple, Wilhelm, Fickes Sandra L. LeGrand City Secretary i . I )4 ..S 1-- , k .... „..... v, m vs CI —s —... = e—r ....... .... ...{. N . ... , . N\ . C.: ..• .• . k .-. . . . . N %.1 . . . . k‘...\ . . ... , fA I etil 't 0 i\. 4c\ •... .. I , . , • k(i) ('. )t• c., 1, 1 m = ,.., vv ..... .„,..., 3: -.......,.. c $ '■ ..3 ( ...- -.■ ' . . . a n _ 'A .•■ * ADDENDUM Re: Letter of Lease request by J. D. Abrams Inc. to Steve Church for lease of 2 acres for temporary field office and storage site. Dated 7 August 1992. The 2 acres of land to be used for this lease shall be in the Northwesterly most corner of the owners property. The 2 acres shall not include the block building, corral or stock tank on the property. Should the area fenced for purposes of this lease exceed 2 acres, the rental fee shall be increased on a proportional basis. The attached survey of the owner's property identifies the land available to the Lessee. The fence to be erected by Lessee shall insure confinement of the pasturing animals on the remaining portion of owners property. The integrity of the existing fence at the perimeter of owners land shall not be disturbed until the fence erected by the Lessee will insure said containment. The Lessee shall engage in no activities that are inviolation of the rules and regulations of the Texas Water Quality Control Board, Texas Air Quality Control Board and /or any other State or Federal Environmental Protection Rules and Regulations. All Zoning and /or Construction Ordinances shall be adhered to unless authorization has been obtained by Lessee from the proper authority to deviate from said ordinances. Any connection to and utilization of public utilities (electricity, telephone, water, etc.) shall be the responsibility of and at the expense of the Lessee. Upon termination of this lease the Lessee shall restore the property and fencing to its original condition, including removal of any substances inviolation of the rules and regulations of the agencies identified in previous paragraphs, subject to the Lessors right to retain the base all weather surface if so desired. I . I , . � V L�ljj da Gloria . Lechler d /- L� L, / (/' j J. Stephen Church ! 7 '/ / L /4vC ? / /Nile, Church Church J.D. ABRAMS INC., Charles P Worrell Vice President ATTACHMENT ADDENDUM Yap showing a survey of14.66 Ac. of Land out of' the H. Granberry Survey Pat. No. 44 Vol. 16 Situated in Tarrant Co. Texas and being part of the H. Granberry Sur. situated about 15 miles N. 46 E. of Ft. Worth, Tex., and described by metes and bounds as follows, Beginning at a stk. 13 vrs. West of the N.E. corner of the H. Granberry Sur. For the beginning cor. of this curvey, Thence West 513.8 vrs. to a stk. for cor. Thence South 170 vrs. to a stk. set in the fence line. Thence East 466 vrs. to a stk. set in fence line for cor. Thence N.20 -45 E. 90 vrs. to stk. in fence for cor. Thence N. 6z E. 91 vrs. back to the place of beg. and containing 14.66 Ac. of ]_and. - 4624'1S' 5.0/17 X e..379c sivdt c, /A 777 44 7 c/4 /7O /4 r• r ,,t4 /2.74.9z_ Iv o `_ ‘..v. 4c6 VRS tu A . � / 7� v G? 6 /11? e. %9 %L22 7 '14,6 GL