1992-09-01 CITY OF SOUTHLAKE
667 N. Carroll Avenue
REGULAR CITY COUNCIL MEETING
September 1, 1992 7:00 p.m.
MINUTES
COUNCILMEMBERS PRESENT: Mayor Gary Fickes; Mayor Pro Tem
Wilhelm; Deputy Mayor Pro Tem Jerry Farrier. Members: Mike
O'Brien, Stephen Apple, Barry Emerson, and Jon Michael Franks.
Rick
CITY STAFF PRESENT: City Manager, Curtis E. Hawk; Director of
Public Safety, Billy Campbell; City Planner, Greg Last; City
Engineer, Eddie Cheatham; Zoning Administrator, Karen Gandy;
Assistant to the City Manager, Chris Terry; Deputy Director of
Public Safety, Fire Services, Jerry Williams; City Attorney, Wayne
Olson; and, Sandra L. LeGrand, City Secretary.
INVOCATION: Councilmember Jerry Farrier
The Work Session was called to order at 6:30 p.m. in order for
Council to discuss the agenda items for tonight's meeting.
Mayor Gary Fickes called the Regular City Council meeting to order
at 7:07 p.m.
Agenda 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.
Aqenda Item ~I-C~ Action Necessary/Executive Session
No action was necessary as the result of the executive session.
Aqenda Item #2t Approval of the Minutes
Motion was made to approve the Minutes of the August 18, 1992, City
Council meeting as modified in work session.
Motion: Emerson
Second: O'Brien
Ayes: Emerson, O'Brien, Apple, Wilhelm, Franks, Farrier, Fickes
Nays: None
Approved: 7-0 vote
City Council Meeting Minutes
September 1, 1992
page two
Aqenda Item #3~ Mayor's Report
Mayor Fickes reported on the "Get Together" which was held on
August 27, 1992 at Solana, Westlake, for the Metroport Cities
Partnership, adding, the gathering was a big success.
The Mayor stated the Lake Cities Community Band which performed at
Bicentennial Park on Monday, August 31, 1992 was attended by
approximately 100 people. The Southlake Lions Club sponsored the
concert. The Mayor stated he is hopeful the sixty (60) member band
will perform on a regular basis in and around Southlake.
A Proclamation was presented, proclaiming the week of September
20-26 as Tarrant County Harvest Week. The organization was formed
in 1991 as an all volunteer, nonprofit organization to help feed
hungry people in Tarrant County. The Mayor added that
approximately 250 volunteers work for this cause.
Aqenda Item #4~ City Manaqer's Report
The City Manager noted the Telephone Book Recycling Program is
over, and it is estimated that eight and one-half tons of phone
books were collected, which equates to 146 large trees.
On September 9, 1992, at 7:00 p.m. a Sales Tax Task Force
will be held. Anyone wishing to participate with this
welcome to attend.
meeting
group is
The deadline for Southlake Leadership Class is September 4, 1992.
Aqenda Item #5~ Consent Aqenda
The consent agenda consisted of items %5-A and #5-B.
5-A. Resolution No. 92-37, renewal of contract with
Tarrant County for collection of Ad Valorum Taxes.
5-B. Dedication of Right-of-Way along Randol Mill Road, by
Jim Martin to the City of Southlake.
Motion was made to approve the consent agenda as presented.
Motion: Apple
Second: Emerson
Ayes: Apple, Emerson, Wilhelm, O'Brien, Farrier, Franks,
Nays: None
Approved: 7-0 vote
Fickes
Item #5-C, was removed from the Consent agenda
at the request of Councilmember O'Brien.
City Council Meeting Minutes
September 1, 1992
page three
Information of Consent Items
5-ao
Resolution No. 92-37, a renewal contract with
Tarrant County for collection of Ad Valorem Taxes.
Finance Director proposed changes to include: expanding
monthly reports to include rollback tax report; deleting
the right to increase the transactional fee if the city
contracts with a law firm other than the firm contracted
by the Commissioners' Court; add provision that the county
will mail tax bills by October 1 and notify city of
mailing date; change the effective date from "during the
1992 tax year" to "through September 30, 1993"; refunds
will be in accordance with Section 31.11 Property Tax
Code; and, add the right to perform audit of tax
collections at the County as they relate to the City's
collections.
Jim Martin Agreement: stating the City will pay for
plating of Mr. Martin's existing
developed property, approximately 4 acres at the
northwest corner of FM 1709 and FM 1938, if he
will agree to dedicate sufficient property
(approximately 17 feet) for an 84 foot row on
Randol Mill Road. Cost of plating process will not
exceed $1,500. Cheatham and Assoc. will preform the
surveying work and prepare the plat.
Aqenda Item #5-C~ Resolution No. 92-38~ Policy Position on Vehicle
Inspection and Maintenance Program
The City Manager, Curtis Hawk explained the resolution stating it
supports a continuation of the current decentralized approach among
Tarrant, Dallas, Denton, and Collin Counties to meet emission
standards set forth in the Federal Clean Air Act. Such an approach
calls for continued vehicle emissions testing procedures and
improved enforcement actions. The North Central Texas Council of
Governments' Air Quality Advisory Committee has studied this issue
and developed the auto emission inspection and maintenance policy
position.
The NCTCOG action regarding auto pollutants is aimed at creating a
cost effective regional approach to dealing with this critical
environmental problem. A key element of the NCTCOG recommendation
is to solicit support from State entities such as the Governor's
Office, State Legislators, and the Texas Air Control Board to
institute local air pollution control programs that provide
adequate enforcement measures.
City Council Meeting Minutes
September 1, 1992
page four
Agenda Item #5-C~ Continued
After discussion by Council and non-successful motions, motion was
made to table Resolution No. 92-38 until further information can be
obtained on this issue.
Motion: Wilhelm
Second: Farrier
Ayes: Wilhelm, Farrier, Franks, O'Brien, Apple, Emerson, Fickes
Nays: None
Approved: 7-0 vote
Aqenda Item #6-A~ Public Forum
Colby Springer, 1024 Mission Drive, Southlake. Mr. Springer was
present .representing the Lake Cities Community Band, thanking the
City Council for their contribution to the band as expressed in the
FY 1992-93 Annual Budget. He referenced the concert which was held
at Bicentennial Park on August 31, 1992, also thanking the
community for their support of the band.
Aqenda Item #6-B~ Public Appearance: Community Profile
Bethann Scratchard, 1420 Whispering Dell Court, Southlake. Mrs
$cratchard was present as a representative of the Southlak~
Economic Development Council, presenting to Council the SEDC
Community Profile.
Mayor Fickes stated the Community Profile tells an
impressive story of the City of Southlake.
Councilmember Rick Wilhelm thanked Greg Last for his work and
guidance on the profile, along with Karen Gandy, Tom Elgin, Linda
Carpenter, and others who worked on it. Wilhelm stated it was a
policy decision that there will be a $15. charge per copy. He also
thanked the City Council for their continued support, and he is
looking forward to continued action by the SEDC.
Agenda Item #7-A~ Ordinance No. 480-H~ 2nd readinq
Ordinance No. 480-H, is an amendment to Section 34, "Accessory
uses," to allow tents in all nonresidential districts for the
purpose of promoting retail sales for a period not exceeding
twenty-three (23) days twice annually with a sixty (60) day
separation between uses.
City Council Meeting Minutes
September 1, 1992
page five
Aqenda Item #7-A~ Continued
The Zoning Administrator, Karen Gandy explained the ordinance is
the result of a request from Rick Stacy for use of a tent on his
commercial property. The proposed Ordinance amendment addresses
permit fees, compliance with the zoning regulations, and that it be
in accordance with Article 32 of the Uniform Fire Code. The
Planning and Zoning Commission recommended the use be permitted for
23 days instead of 21 days as noted on the agenda.
The public hearing resulted with no comn~ents from the audience.
Motion was made to approve
presented.
Motion: Franks
Second: Apple
Ordinance No. 480-H, 2nd reading as
Mayor Fickes read the caption of the ordinance.
Ayes: Franks, Apple, Wilhelm,
Nays: None
Approved: 7-0 vote
O'Brien,
Farrier, Emerson, Fickes
Agenda Item ~ 7-B~ Ordinance No. 569~ 2nd readinq. FY 92-93
Budget
The City Manager, Curtis Hawk, stated the changes requested by the
City Council during the August 18, 1992, City Council meeting have
been incorporated in the summary sheets which are in the packets.
Councilmember Stephen ApDle stated, once again, if there should be
extra funds in the budget, he would like to see an increase in
salaries for employees. He stated he feels strongly about this and
asked the minutes to reflect his wishes.
The public hearing resulted with no comments from the audience.
Motion was made to approve Ordinance No.
Year 1992-93 Annual Budget.
Motion: Emerson
Second: Farrier
569, 2nd reading, Fiscal
Mayor Fickes read the caption of the ordinance.
Ayes: Emerson, Farrier, Franks, O'Brien,
Nays: None
Approved: 7-0 vote
Apple, Wilhelm, Fickes
City Council Meeting Minutes
September 1, 1992
page six
Aqenda item #7-C, Ordinance No. 570~ 2nd reading. Tax Levy
The City Manager, Curtis Hawk, stated the staff has paid particular
attention to the need to maintain the tax rate at the current
level. It is important that we maintain the ratio of the
maintenance and operation portion of the tax rate to the total
rate. The tax rate being approved will stay the same as in the
current year at $.4550 per $100. of assessed value. This ratio is
divided as follows:
Maintenance and Operation: .32232
Debt Service: .13268
There were no comments during the public hearing.
Motion was made to approve Ordinance No.
Tax Levy.
Motion: .Apple
Second: Franks
570, 2nd reading, for the
Mayor Fickes read the caption of the ordinance.
Ayes: Apple, Franks,
Nays: None
Approved: 7-0 vote
Farrier, Emerson,
O'Brlen, Wilhelm, Fickes
Aqenda Item #8-A~ Ordinance No. 480-74~ 1st reading. ZA 92-30
Ordinance No. 480-74, 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. Applicant:
James Phipps dba Paymaster.
Karen Gandy, Zoning Administrator, noted Mr. Phipps is a
motivational speaker who plans to use this site for his office
staff, Monday through Friday, from 9:00 a.m. to 5:00 p.m.
On July 9, 1992, the Planning and Zoning Commission recommended the
request be denied, and expressed concern about the intensity of the
intended use and the impact the parking needs would have on the
surrounding neighborhood, especially to accommodate the
once-a-month seminars.
On July 21, 1992, the City Council approved the tabling of the
action until August 4, 1992, to allow the applicant time to prepare
a detained description of his business activities and submit it to
the City Attorney for an opinion as to the appropriate district for
the Paymaster Operation.
City Council Meeting Minutes
September 1, 1992
page seven
Aqenda Item #8-A~ Continued
On August 4, 1992, the City Council again tabled the action until
the September 1, 1992 City Council meeting. Having received
Paymaster's list of intended uses, the City Attorney will prepare
an opinion addressing the appropriateness of the Office-1 Zoning
District.
Mrs. Gandy noted per Section 46.3 of Ordinance No. 480, an
affirmative vote of at least three-fourths of all the members of
the City Council shall be required to overrule a recommendation of
the Planning and Zoning Commission to deny a proposed change of
zoning.
Mrs. Gandy noted she presented her response to the letter of intent
received, by Mr. Marvin Maloney, attorney of Mr. Phipps, dated July
31, 1992. In her letter she stated, "Having completed a review of
the ordinance and all documentation to date, I find that this use
should be in the "B-l," Business Service Park district due to the
proposed training seminar sessions and their impact on the
surrounding residential neighborhoods. It is the intent of the
"B-i" district that its permitted uses be designed to be compatible
with adjacent single family uses and maintain the character and
integrity of the existing neighborhoods."
Mrs. Gandy stated the applicant stated he has agreed to eliminate
all seminar use from the building on the property being considered
for rezoning.
Marvin Maloney, 1720 North Beach, Fort Worth, Texas. Mr. Maloney
stated they are prepared to amend their letter of intent, on the
top paragraph of page two, which stated, "It has been decided in
recent days that no Business Opportunity Seminars for the public
will be held at the subject site, and therefore no large amount of
traffic or vehicles is expected. There will be occasional training
seminars provided for the company's area consultants coming in from
out of state, but it is estimated that there will be no more than
twenty-five (25) additional people at a time in for this training,
and that said training will be held on weekends and many of them
will be shuttled by van to the property from the airport or the
local motels at which they are staying." Mr. Maloney stated the
building will be occupied solely to perform daily business with
computers, telephones, etc. A copy of his letter of intent is
included in the minutes.
Councilmember Wilhelm asked the questions, rather than deleting
seminars, he would like the applicants to agree that no seminars
would be conducted.
Mayor Flckes stated he is confused as to what type business
Paymaster is. Mr. Maloney stated Paymaster sells "educational
materials" and teaches people to put together businesses. It is a
multi-level marketing company.
City Council Meeting Minutes
September 1, 1992
page eight
Aqenda Item #8-A, Continued
Councilmember Emerson stated he is not convinced that Office-1 is
the proper use in that area. He also questions buying a piece of
property without seeing about the zoning.
Councilmember Franks stated he is not sure that Office-1 or B-1 is
the proper use for that land. Mr. Franks suggested possibly a site
plan zoning.
Councilmember Wilhelm stated he wanted on record an affirmative
statement of "no" seminars on the property in question.
Public Comments:
Don Ramsour, 703 South. Kimball Avenue, Southlake. Mr. Ramsour
stated he cannot picture where they will put all the parking spaces
suggested by Mr. Maloney. He stated he has not changed his
opinions given at the previous meetings.
Jerry Forbus, 595 South Kimball Avenue, Southlake. Mr. Forbus
stated he has been on record at previous meetings, and his main
objection still remains the parking and additional traffic. He is
concerned about the long term enforcement of the property. He
reminded council of the attempt to rezone in 1983, which failed fo~
similar reasons.
Motion was made to approve Ordinance No.
Office-1 Zoning District.
Motion: Wilhelm
Second: Farrier
480-74,
1st reading for
Mayor Fickes read the caption of Ordinance No. 480-74
Ayes: Wilhelm,
Nays: Emerson,
Denied: 4-3 vote
Apple, Farrier,
O'Brien, Fickes
Franks
Aqenda Item #8-B~ Ordinance No. 480-76~ 1st readinq (ZA 92-31)
Ordinance No. 480-76, is a zoning change request for
1, Jackson Addition from "AG" Agricultural, to
Family-lA Residential. Owner: Charles N. Jackson.
Block 1, Lot
"SF-1A" Single
Karen Gandy, Zoning Administrator, noted twelve (12) letters were
sent to property owners within 200' and one (1) response was
received from Linda Carter, 1961 E. Highland, who is in favor of
the request. On August 20, 1992, the Planning and Zoning
Commission recommended approval with a 7-0 vote.
No comments were received from the audience or from the applicant.
City Council Meeting Minutes
September 1, 1992
page nine
Agenda Item #8-B~ Continued
Motion was made to approve Ordinance No.
Motion: Wilhelm
Second: Apple
480-76,
1st reading.
Mayor Fickes read the caption of the ordinance.
Ayes: Wilhelm, Apple, Farrier,
Nays: None
Approved: 7-0 vote
Emerson, O'Brien,
Franks,
Fickes
Council adjourned for recess at 9:40 p.m.
Council returned to open session at 9:50 p.m.
Agenda Item #8-C~ ZA 92~32~ Plat Showing for Phillip & Elsie
Mummert
ZA 92-32, is a Plat Showing for Lots 3 & 4, S. Freeman No. 525
Addition, being 2.012 acres situated in the Samuel Freeman Survey,
Abstract NO. 525, Tract 5M. Location: 747 Shady Lane at Raintree
Drive. Owners: Phillip L. and Elsie A. Mummert.
At the request for the applicants, motion was made to table this
item, time certain September 15, 1992.
Motion: Apple
Second: Franks
Ayes: Apple, Franks, O'Brien, Farrier, Emerson,
Nays: None
Approved: 6-0 vote (to table)
Flckes
Councilmen~ber Wilhelm stepped out of the room and did
not vote on item #8-C.
Aqenda Item #8-D~ ZA 92-33~ Concept Plan for First American
Savinqs Banc
ZA 92-33 is a Concept Plan for 4.884 acres situated in the
Littleberry G. Hall Survey, Abstract No. 686, Tract 1C3. Owner:
First American Savings Banc.
Karen Gandy, Zoning Administrator, noted the Current zoning is
"S-P-2" with certain "C-3" uses, adding, the proposed are in
compliance with the previously approved "S-P-2" zoning. On August
20, 1992, the Planning and Zoning Commission reconunended approval
with a 7-0 vote, subject to the Plan Review Summary dated August
14, 1992, deleting items #1 & #3.
Terry Cunningham, A.I.A., 1903 Central Drive, Bedford, was present,
representing the owners. Greg Last, City Planner noted in his
City Council Meeting Minutes
September 1, 1992
page ten
Aqenda Item #8-D~ Continued
memorandum dated August 27, 1992,
the requirements in the previous
that the applicants have
review letters.
met all
Motion was made to approve ZA 92-33, Concept Plan, to include the
Staff Review Summary dated August 27, 1992.
Motion: O'Brien
Second: Emerson
Ayes: O'Brien, Emerson,
Nays: None
Approved: 7-0 vote
Franks, Farrier,
Apple, Wilhelm, Fickes
Aqenda Item #8-E~ ZA 92-34~ Site Plan for First American Savinqs
Banc
ZA 92-34 is a Site Plan approval for a portion of a 4.884 acre
tract situated in the Littleberry G. Hall Survey, Abstract No. 686,
Tract 1C3, for a branch bank operation of First American Savings
Banc. Owner: First American Savings Banc.
The Zoning Administrator, Karen Gandy, noted this site plan is fo~
a 1.05 acre site, being a portion of a larger 4.884 acre known a~
Tract 1C3, situated in the Littleberry G. Hall Survey, Abstract No.
686. The current zoning is "S-P-2" with certain "C-3" uses. the
applicant proposed a 4,925 square feet two-story structure to be
used as a branch bank facility for First American Savings Banc and
as offices for a title company. To date, there have been no
variances requested for this site plan.
Five (5) notices were sent to property owners within 200' and at
this time no responses have been received. On August 20, 1992, the
Planning and Zoning Commission approved the Site Plan subject to
the Plan Review Summary dated August 14, 1992.
City Attorney, Wayne Olson commented zoning is not being amended
tonight, whatever was previously approved still stands.
Motion was made to approve ZA 92-34, Site Plan, subject to the
Summary Review Letter dated August 27, 1992.
Motion: Franks
Second: O'Brien
Ayes: Franks, O'Brien, Apple, Emerson, Farrier,
Nays: None
Abstention: Wilhelm
Approved: 6-0-1 vote
Fickes
City Council Meeting Minutes
September 1, 1992
page eleven
Aqenda Item #8-F~ Ordinance No. 568~ 1st readinq Contractor
Reqistration
Curtis Hawk, City Manager, stated this ordinance has been discussed
and includes additional language in the "Whereas" section prepared
by the City Attorney to address the concerns voiced by the City
Council. The definition section has not changed, however, if City
Council feels the need to make changes or addition/deletions prior
to second reading, it can be changed.
After discussion with City Council it was suggested the definitions
need to include sign contractor; pool contractor; or, anyone who
has to pull a permit. Also, clarify whether a sub-contractor or
contractor.
Motion was made to approved Ordinance No. 568, 1st reading, with
the changes noted above.
Motion: Apple
Second: Farrier
Ayes: Apple, Farrier, Franks, Emerson, O'Brien, Wilhelm, Fickes
Nays: None
Approved: 7-0 vote
Mayor Fickes was not present for Agenda Item #8-G
Aqenda Item #8-G~ Ordinance No. 567~ 1st readinq.
Ordinance
Wastewater
Curtis Hawk, City Manager, stated the proposed Wastewater ordinance
was prepared by the Trinity River Authority (TRA). This ordinance
will allow the City to regulate, control and enforce all
wastewater, including industrial wastewater, discharging into the
City's collection system. This ordinance is a requirement of the
Texas Water Commission and the TRA for the protection of the
citizens of Southlake and the surrounding communities that use the
TRA system.
This ordinance provides for the City to charge an industrial
wastewater user for testing, sampling, and monitoring their
wastewater discharging into the City's collection system. All fees
required will be paid by the user. The actual fees for the
different type of testing, sampling, etc., are attached and will be
submitted to the Council for adoption by resolution at the
September 15, City Council meeting. These fees, if approved, would
become effective immediately.
City Council Meeting Minutes
September 1, 1992
page twelve
Agenda Item #8-G~ Continued
Ernest Bramlett, Water Superintendent,
questions for Council.
was present to answer
Motion was made to approve Ordinane No.
Motion: Emerson
Second: Farrier
567, 1st reading.
Mayor Pro Tem Wilhelm read the caption of the ordinance.
Ayes: Emerson, Farrier, Franks, O'Brien, Apple, Wilhelm
Nays: None
Approved: 6-0 vote
Aqenda Item #8-H~ Ordinance No. 520-A~ 1st readinq. Sewer Rates
The City Manager stated Ordinance No. 520-A, amends the wastewater
rate provisions of our current ordinance. The water rate remains
unchanged. The ordinance in the packets is the current rate
schedule. During the 1992-93 budget work sessions, it was proposed
that the City adopt a revenue-neutral change to the wastewater rate
for customers of the City. The recommendation is a result of
comprehensive analysis earlier this year of the City's overall
wastewater costs by utility rate consultant Lewis McLain and Cit%
Staff. A standard rate that incorporates all elements of the
City's wastewater treatment costs is necessary to provide
uniformity for all customers.
According to the Finance Director, LouAnn Heath, Alternative #3 of
the Staff/Consultant report was presented as the most equitable of
the choices. This alternative charges all customers a minimum of
$9.50, includes 2,000 gallons, plus a volume rate of $1.92 per
thousand. Residential maximum wastewater bills would be $24.86
(10,000 gallons), which is $.14 less than the current residential
charge. Adoption of this rate will change a minimum billing for
all services, (water, wastewater, garbage, sales tax) from $58.92
to $43.42, a decrease of $15.50. It is proposed that this rate
ordinance be effective with the October billing, which will be at
the end of October 1992.
Motion was made to approve the
Motion: Emerson
Second: Apple
1st reading of Ordinance No. 520-A.
Mayor Pro Tem Wilhelm read the caption of the ordinance.
Ayes: Emerson, Apple, O'Brien, Franks, Farrier, Wilhelm
Nays: None
Abstention: Fickes
Approved: 6-0-1
City Council Meeting Minutes
September 1, 1992
page thirteen
Agenda Item #8-I~ Ordinance No. 537~ 1st reading. "No Smokinq"
The City Manager, Curtis Hawk, stated during the June 2, 1992, City
Council meeting, Council instructed staff to gain community input
into the "No Smoking" ordinance process by utilizing area
newspapers and organizational newsletters. Articles asking for
citizen input have appeared in the Southlake Journal, Southlake
Newsletter, and the Cha~ber of Commerce newsletter. City Staff
received a total of four (4) telephone responses in favor of
adopting smoking regulations. The Chamber of Commerce newsletter
article contained a survey designed to gauge the support of the
business community for such an ordinance. Five (5) of these
surveys were returned to the Chamber office which indicates general
support for the proposed ordinance and its provisions.
Mr. Hawk informed Council that the city attorney did not write this
ordinance, Chris Terry drafted the ordinance using the North
Central Texas Council of Governments model ordinance. Staff has
asked the City Attorney to look at this ordinance, implementing the
changes as reco~Taended to the definitions, and other things.
Mr. Hawk feels it is appropriate to bring this ordinance back
during the next meeting for 1st reading, if Council wishes.
Question was asked how will we implement the
method will we use to inform the businesses
to the effective date.
ordinance, and what
in the City, in regard
Councilmember Apple would like to see the ordinance move from a
minimum enforcement to the mid-enforcement level.
Motion was made to approve the 1st reading of Ordinance No. 537,
with changes implemented into the ordinance, as suggested by the
City Attorney and Councilmembers.
Motion: Emerson
Second: Apple
Mayor Fickes read the caption of the ordinance.
Ayes: Emerson, Apple,
Nays: None
Approved: 7-0 vote
O'Brien, Wilhelm,
Farrier, Franks, Fickes
Agenda Item %ll-A~ Discussion: Ordinance No. 571~ Lone Star Gas
The City Manager, Curtis Hawk, stated the ordinance draft which is
in the packets, is at the point to send it to the City Attorney's
for review. Hawk noted they are still talking about the placement
of the regulators and where this should fit in the agreement.
City Council Meeting Minutes
September 1, 1992
page fourteen
Agenda Item #11-At Continued
Mayor Fickes stated he would like the city to spend a lot less
money on the review of the ordinance, than was spent on
Southwestern Bell Franchise agreement.
Councilmember Wilhelm asked for a provision in the ordinance where
holes from installation of gas lines are filled in in a more timely
manner.
Vernie Henderson, General manager of Lone Star Gas Company, stated
Lone Star stands ready to meet with Council members and Staff
during a work session or anytime, in order to discuss this proposed
franchise agreement.
Agenda Item #11-Bt Discussion: Issues for Economic Development
This items was not discussed during the meeting.
Agenda Item #ll-C~ Discussion: Crossroads Square Development~
Sewer & related Fees
The City Manager, Curtis Hawk referenced a memorandum from Mike
Barnes, Director of public Works, in regard to the sewer and
related fees for Crossroads Square Development, stating at th~
beginning of the Crossroads Square Development, the engineer for
the development, Levitt Engineers' submitted to the City Engineer
plans for a lift station and force main to serve the development.
Levitt engineers submitted to the City two sizes of lift station
pumps that were proposed to meet the Texas Water Commissions (TWC)
minimum requirements. The first was two (2) 100 gpm pumps and the
second was three (3) 50 gpm pumps. When these two sizes of pumps
were submitted, the City Engineer and Staff determined that these
pumps were the minimum that the TWC and developer required. The
minimum required force main for both sizes of pumps was a 4"
line. If the Council agrees that the City should pay the
differential cost between the different sizes of lift stations,
the developer will submit a cost estimate for the three (3) 43 gpm
pumps, 3 inch force main and any difference there may be in the
west well and ancillary facilities. Staff will get their own cost
estimates for the proposed facilities and determine the estimated
cost for the three (3) 43 gpm pumps and 3 inch force main. When an
acceptable price for the pumps and force main can be determined
between the city and developer, that cost will be subtracted from
the actual cost of the two (2) 100 gpm pumps and 4 inch force main
and the difference be reimbursed to the developer. It is estimated
that this cost difference will be between $5,000 and #10,000.
City Council Meeting Minutes
September 1, 1992
page fifteen
Aqenda Item %11-C, Continued
Curtis Hawk stated he
Agreement to Council
be addressed.
feels Staff needs to present a Developers
for approval that will spell out what needs to
Agenda Item %l-B~ Executive Session~ Continued
Council reconvened in executive session at 11:20 p.m.
Council returned to open session at 11:30 p.m.
Agenda Item #9-A, Resolution No. 92-35t Appointment to Board of
AJustments
Motion was made to approve Resolution No. 92-35, naming Bill Towler
as Alternate %2, on the Board of Adjustments, moving Sharon Hobbs
to Alternate %1, thereby making Karen Reynolds a regular member of
the board.
Motion: Wilhelm
Second: Farrier
Ayes: Wilhelm, Farrier, Franks, Emerson, Apple, O'Brien, Fickes
Nays: None
Approved: 7-0 vote
Aqenda Item #9-Bt Resolution No. 92-36~ Appointment to SEDC
No action was taken on Resolution No. 92-36.
additional applications to the Southlake
Council.
Council will seek
Economic Development
Agenda Item %12~ Adjournment
The Meeting was adjourned at 11:35 p.m.
ATTEST:
~andra L. LeGrand
City Secretary
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AUG- 3 -92 MON 12:25 MARVIN L. MALONEY 8178340916 P.02
OP Law Office
MARVIN L. MALONEY r & ASSOCIATES, P.C.
-A Professional Coipoiadon
(
N L MALONEY, J.D. 1720 N. BEACH (817) 834-ATTY
=OHM DO 111:14.11 SWOUIS FORT WORTH, TEXAS 76111 FAX (817) 834-0016
is
0
July 31, 1992
Ms. Karen P. Gandy, Zoning Administrator
City of Southlake
*' 667 North Carroll Avenue
Southlake, Texas 76092
0. RE: Letter of Intent
Zoning Action No. 92 -30
Jimmy Phipps d /b /a Paymaster /Multifax
Property at 710 South Kimball Road
Dear Ms. Gandy:
As I have indicated in prior correspondence to you, I represent Mr.
' Jimmy R. Phipps regarding the subject pending application for
zoning change.
on
After reviewing the zoning laws for the City of Southlake, and
after meeting with Mr. Phipps and his support staff, the following
e•
is our formal statement of the intended use of the subject
property.
is
DESIRED CLASSIFICATION:
We desire that the zoning classification be changed from its
present "Agricultural Use" to "Office -1 ".
;NTENDED USE OF LAND AND STRUCTURE
The subject 2550 square foot, one story building situated on
slightly over one (1) acre of land will be used for the operation
of Paymaster /Multifax, which sells educational materials and
or training manuals, and provides computer support to its students.
OCCUPANCY LOAD - PRESENT AND FUTURE:
`"' On a daily basis there is presently nine (9) clerical and
0* management employees of Paymaster, including Mr. Phipps. Many of
these people are related and therefore share rides to and from work
and thereby minimize traffic and parking requirements. It is
projected that in the next two (2) years the company will grow to
require a maximum of twenty -five (25) employees to administer the
services of the company.
AUG— 3 -92 MON 12:26 MARVIN L. MALONEY 8178349916 P.03
vim
Page 2
*m Mrs. Karen P. Gandy, Zoning Adminstrator
city of Southlake
July 31, 1992
air It has been decided in recent days that no Business Opportunity
Seminars for the public will be held at the subject site, and
therefore no large amount of traffic or vehicles is expected.
im There will be occasional training seminars provided for the
company's area consultants coming in from out of state, but it is
PI. estimated that there will be no more than twenty -five (25)
additional people at a time in for this training, and that said
training will be held on weekends and many of them will be shuttled
by van to the property from the airport or the local motels at
`"' which they are staying.
1.
PARKING SPACER:
Based upon the plat or survey attached hereto as provided by
Wendell Hancock, a licensed surveyor, it will provide twelve (12)
angle parking spaces off the street in a paved parking lot and
thirteen (13) parallel spaces on the side street. These twenty -five
(25) parking spaces exceed the city's requirements by approximately
fifty percent (50 %) based upon the building's square footage and
- its intended use.
rr
ACCESS FOR INGRESS AND EGRESS: •
m
its Because Kimball Road is a somewhat marrow street, it is planned
that all vehicles coming to and from the office will do so by the
1.0 short distance to the South on Kimball Road and then traveling on
Crooked Road; thereby eliminating any additional traffic on Kimball
Road to the North.
- APOLOGY FOR GROUND BREAKING CROWD:
Mr. Phipps and his staff sincerely apologize for any inconvenience
caused by the large crowd which appeared at the ground
breaking /dedication ceremony which occurred on July 4, 1992. In
their zeal to show off the newly acquired property, they did not
go., intend to offend any neighbors or cause any inconvenience to
anyone.
BUMMARYt
The subject property is immediately adjacent to an industrial type
building. The occupancy load will be limited to a maximum of
"' twenty -five (25) employees during the week and no more than twenty-
five (25) consultants coming in occasionally on weekends. The
proposed parking spaces are more than adequate. The vehicle
rw
AUG- 3 -92 MON 12:27 MARVIN L. MALONEY 8178340016 P.04
mow✓
1
mew'
0100 Page 3
Mrs. Karen P. Gandy, Zoning Adminstrator
City of Southlake
July 31, 1992
kr
traffic created by this business will be minimal and werouted
to the South. There will be no noise, no pollution,
410 manufacturing, no large neon signs and no disturbance whatsoever
created by their proposed zoning change and /or use.
Based upon the above, we respectfully request that th
yode
zoning change to "A -1" be granted, and we thank you for time
IN and consideration. I will be happy to answer any questions either
personally or at the scheduled Council Meeting on September 1,
1992.
40,. Yours very truly,
LAW OFFICES OF
MARVIN L. MALONEY & ASSOCIATES, P.C.
By: Marvin L. Maloney
1
•
MLM /ra
cc: Mr. Jimmy Phipps
li Enclosure (1)
it
, mow
1111
''\
Rut h CI -
to iti 1 In . _ , 1 I t i 1 0 1 1 1:
C ityof South Iake5 ...
khereas. a-: ` x
Tarrant County Harvest, ' �. . '; ,
Inc. was formed in 1991 as an all volunteer, nonprofit i 0
organization to help feed hungry people in Tarrant County; '� :`\ ,� = `p
and ` t , ,t .
Whereas, more than 400,000 pounds of wholesome, nutritious food , ;% a x ` '
/ �Y l
has been harvested that otherwise would have been discarded; and, .3 V
Whereas, donations from more than 80 food establishment donors have .
been coordinated by 250 volunteers and without any money being
spent; and,
Whereas, more than 50 recipient agencies have benefitted from
Tarrant County Harvest, assisting them in feeding hungry people; now,
therefore,
I, MAYOR GARY FICKES, of the City of Southlake, Texas, do
hereby proclaim the week of SEPTEMBER 20 - 26, 1992 as
TARRANT COUNTY IIARVEST WEEK
Passed and approved this the 1st day of September, 1992. ::.., :.::: .;:c.....
- I •.. ::: ,.:::::::
O p k,,,,/,,,,im,,,,,,_,
Mayor, Ci y of Southfake / City Secretary