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1991-01-02 CITY OF SOUTHLAKE 667 N. Carroll Avenue REGULAR CITY COUNCIL MEETING January 2, 1991 7:30 p.m. COUNCILMEMBERS PRESENT: Mayor, Gary Fickes; Members: Sally Hall, Rick Wilhelm, Jerry Farrier, and, W. Ralph Evans. COUNCILMEMBER ABSENT: Mayor Pro Tem Betty Springer. CITY STAFF PRESENT: Curtis E. Hawk, City Manager; Billy Campbell, Police Chief; Michael Barnes, Director of Public Works; Greg Last, City Planner; Eddie Cheatham, City Engineer; Karen Gandy, Zoning Administrator; Don wilson, Fire Chief; Wayne K. Olson, City Attorney; and, Sandra L. LeGrand, City Secretary. INVOCATION: Councilmember W. Ralph Evans. The work session was called to order at 6:30 p.m. where Councilmembers present reviewed the agenda items for tonight's meeting. The Regular City Council meeting was called to order at 7:30 p.m. by Mayor Gary Fickes. Agenda Item 92, Approval of the Minutes The Minutes of the December 18, 1990 approved as presented. Motion: Wilhelm Second: Farrier Ayes: Wilhelm, Farrier, Hall, Evans Nays: None Approved: 4-0 vote City Council meeting were Agenda Item #3, Mayor's Report Mayor Fickes reported that a meeting~was held with BFI in an effort to negotiate the conditions of a contract for a Recycling Program for Southlake. He added that the contract will be reviewed by the City Council and be placed on the February 5 City Council agenda for consideration. The Mayor announced that the Bond and Charter task force met and will be meeting again on January 3, at 7:00 p.m., to promote the election which will be held on January 19, 1991. The Mayor announced that the State Highway Department will be holding a public hearing on January 17, 10:00 a.m. at Marriott Solana on the State Highway 114 reconstruction project. The Annual Chamber of Commerce Banquet will be held this year on February 2, 1991. City Council Minutes January 2, 1991 page two Agenda Item #3, Continued It was announced that absentee voting is now being held in the Office of City Secretary, for the January 19, 1991, Bond, Court of Record, and Charter Election. Voting will be held until January 15, at 5:00 p.m. Agenda Item #4, City Manager's Report Curtis Hawk, City Manager, reported that with the construction of Sewer in Continental Park Estates, the existing streets and the general construction itself, has made an undesirable situation to the residents. The City will put out gravel and other things, in an effort to help solve the problem during, construction. The City crews have started erecting a fence along T.W. King Road next to Trophy Club, where they had the point of egress across from Skyline onto T.W. King. During the last City Council meeting, it was suggested that the culvert in the right of way along T.W. King be removed. The city has found out since then that there were some major drainage problems from Trophy Club that flowed through that culvert. According to the State Statues dealing with diverting water, the liability is Trophy Club's, not Southlake's; therefore, it was decided not to remove the culvert. This project should be completed by the end of the week. with the funding through the Federal Emergency Management Agency (FEMA), the request made by the city for assistance in. regards to the bridge on North White Chapel Blvd. has been approved. The city has received $50,000 under the 50/50 matching fund for the $100,000 project. The bridge was destroyed by high water during heavy rains last spring. The City Manager added that the new phone system upgrade is in place and it is working the way'we wanted it to. The city will provide a listing of the extension numbers for publication in order to better assist the callers. Agenda Item %5, #6, %14, #15. Consent Agenda The Consent agenda consisted of the items %5 and %6, with %14, and %15 being added. Request for permission to advertise for bids for vehicles for the Public Works Department. 6. Request for permission to advertise for bids for Janitorial Service. City Council Minutes January 2, 1991 page three Agenda Item, Consent Agenda, Continued 14. Award of bid for N-3 Sewer Line (Old High School). 15. Award of contract to Cheatham and Associates for engineering of three (3) box culverts. Motion was made to approve the items as presented. Motion: Farrier Second: Evans Ayes: Farrier, Evans, Hall, Wilhelm Nays: None Approved: 4-0 vote listed in the Consent Agenda, Agenda Item #7, Public Forum No comments were received during the public forum. Agenda Item #8, Ordinance No. 480-35, GTE Southwest Incorporated Ordinance No. 480-35, 2nd reading, (ZA 90-61), a zoning change request for 0.35 acres of land out of the Littleberry G. Hall Survey, Abstract No. 686, being a portion of Tract 3D, located approximately 1,000 feet east of Shady Oaks Drive, on FM 1709, was considered in second reading by the City Council. Zoning Administrator, Karen Gandy, noted that the current zoning is Agricultural, with a request for Community Service. The owner of the property is Marion G. Truelove, with the applicant being GTE Southwest Incorporated. She sent three (3) letters to property owners within 200' with one reply, from Dr. Retlinger, who had no opinion. On December 6, the Planning and Zoning Commission approved the request by a 7-0 vote. On Decer~ber 18, the City Council approved the first reading by 5-0 vote. Mr. Brook Baker, representing GTE Southwest, was present to answer questions for the Council. The public hearing resulted with no comments from the audience. Motion was made to approve the 2nd reading of Ordinance No. to Community Service Zoning District. Motion: Farrier Second: Hall 480-35, Mayor Fickes read the caption of the ordinance. Ayes: Farrier, Hall, Nays: None Approved: 4-0 vote wilhelm, Evans City Council Minutes January 2, 1991 page four Agenda Item ~9, Ordinance No. 480-37, 2nd readin9 Hilltop Kennels Ordinance No. 480-37, 2nd reading (ZA 90-65), is a zoning change request for 3.001 acres out of the Thomas J. Thompson Survey, Abstract No. 1502, Tract 1B1A1. The current zoning is Agricultural, with a request for S-P-1 Zoning District. It was noted that the property was annexed into the City of Southlake in October, 1987. The Zoning Administrator, Karen Gandy, stated that eight (8) letters were sent to property owners within 200' and she received one (1) response, from Elsie McClendon, who resides in Oklahoma. Gandy added, that currently the property consists of a three bedroom residence which would be left in a nonconforming use status. The owner was made aware that by being nonconforming, if destroyed by fire, with more than a 50% loss, the structure cannot be rebuilt. The public hearing resulted with no comments from the audience. Councilmember Wilhelm asked the project engineer, John Levitt, if he had explained to the owner about the nonconforming use and he indicated that the owner did understand the conditions. Motion was made to approve Ordinance No. 480-37, 2nd reading, with City Council granting variances in the side yard and rear set backs where the existing structures extend over the set back requirements. Motion: Wilhelm Second: Farrier Mayor Fickes read the caption of the ordinance. Ayes: Wilhelm, Farrier, Nays: None Approved: 4-0 vote Hall, Evans Agenda Item ~10, ZA 90-67, Plat Revision of Block A, Lot 4, Southlake Bank Place Addition The Plat Revision of Block A, Lot 4, Southlake Bank Place making Block A, Lots 4R-1 and 4R-2, Southlake Bank Place is described as being 12.7612 acres out of the Thomas Easter Survey, Abstract No. 474. The property is located east of Bank Street, south of east Southlake Blvd., west of State Highway 114 frontage road. Owner: Gary Houdek. City Council Minutes January 2, 1991 page five Agenda Item #10, Continued The Zoning Administrator, Karen Gandy, noted that twenty-three (23) letters were sent to property owners within 200' and she received one (1) response from Barbara Bradford, who was concerned about her property and how this plat revision would affect her property. On December 20, the Planning and Zoning Commission approved ZA 90-67, subject to the December 11 Cheatham review letter. Councilmember Rick Wilhelm had questions in regards to the common access easement. Greg Last, City Planner, read the definition from the Subdivision Control ordinance. Roland Forrester, Benchmark Consultants, 13999 Goldmark Drive, Suite 438,- Dallas, Texas .was present to answer questions for Council. Wayne Olson, City Attorney, noted that the City can create a common access easement by showing it on the plat. Councilmember Wilhelm would like to see the dedication amended to read, "other than 25' access easement". Motion was made Lot 4, Southlake Bank Place. Motion: Wilhelm Second: Evans Ayes: Wilhelm, Evans, Hall, Nays: None Approved: 4-0 vote to approve ZA 90-67, the Plat Revision of Block A, Farrier Agenda Item #11, A 90-68, Site Plan for Kinder Care Learning Center ZA 90-68, the site plan for a building permit for Kinder Care. The location of this development is on the proposed Lot 4R-2, Block A, Southlake Bank Place. Being 0.7929 acres out of the Thomas Easter Survey, Abstract No. 474. The current zoning is Commercial-3. Owner is Gary Houdek, with the applicant being Kinder Care Learning Center, Inc. Mrs. Gandy noted that the zoning is adequate for a day care facility. She sent twenty-three (23) letters to property owners within 200' and received one (1) reply from Darr Equipment. The Planning and Zoning Commission recommended approval on December 20, subject to the December 11 Cheatham review letter. City Council Minutes January 2, 1991 page six Agenda Item 911, Continued Motion was made to approve the Site Plan in ZA 90-68 Motion: Wilhelm Second: Hall Ayes: Wilhelm, Hall, Evans, Farrier Nays: None Approved: 4-0 vote as presented. Agenda Item ~12, Ordinance No. 483-A, 2nd reading. Subdivision Ordinance No. 483-A, Subdivision Control ordinance was discussed. The public hearing resulted with no comments from the audience. Motion was made to approve the Motion: Wilhelm Second: Farrier 2nd reading of Ordinance No. 483-A. Mayor Fickes read the caption of the ordinance. Ayes: Wilhelm, Farrier, Nays: None Approved: 4-0 vote Hall, Evans Agenda Item 913, Ordinance No. 527, 1st reading. Firearms The City Manager reviewed the comments made during the last City Council meeting in regards to the Firearms ordinance, adding that reference to archery be excluded from the ordinance, with cross-bow being a prohibited use. The public hearing resulted with no comments from the audience. Motion was made to approve the 1st reading of Ordinance No. 527. Motion: Hall Second: Farrier Mayor Fickes read the caption of the ordinance. Ayes: Hall, Farrier, Wilhelm, Nays: None Approved: 4-0 vote Evans Agenda Item #16, Ordinance No. 480-C, 1st reading. Zoning The City Manager stated that Council instructed staff to send this item back to the Planning and Zoning Commission. P&Z is holding a work session on January 8 and will be prepared to vote on this ordinance amendment during the January 17, 1991 meeting. The ordinance will return to Council on February 5, 1991, for 1st reading and continuation of the public hearing. City Council Minutes January 2, 1991 page seven Agenda Item #16, Continued Motion was made to table Ordinance public hearing on February 5, 1991. Motion: Wilhelm Second: Evans Ayes: Wilhelm, Evans, Farrier, Hall Nays: None Approved: 4-0 vote No. 480-C, and continue the Agenda Item %17, Special Election to be held on January 19, 1991 The City Manager, Curtis Hawk, presented a mail-out which is now being prepared in regards to the Special Election, to be held on January 19~ 1991, in an effort to better inform the voters in Southlake. Mayor Fickes requested in regards to the Proposition for $1,900,000 for city hall, that city hall site, site development, and eventual site of a city complex be added to the literature. Council adjourned for recess at 8:50 p.m. Council returned from recess at 8:55 p.m. Agenda Item %18, Executive Session Mayor Fickes announced that Council would be going into executive session pursuant to the Open Meetings Act, Article 6252-17 V.T.A.S. Section 2(e) 2(f) 2(g). Council convened in closed session at 8:55 p.m. Council returned to open session at 9:35 p.m. Agenda Item %19, Action Necessary/Litigations No action was necessary as the result of the executive regards to pending or contemplated litigations. session, in Agenda Item %20, Action Necessary/Personnel Matters No action was necessary as the result of the executive session, regards to personnel matters, including Boards and Commissions. City Council Minutes January 12, 1991 page eight A~enda Item 921, Action Necessary/Land Acquisition Motion was made to direct the Director of Public Works, Michael Barnes, to purchase a sewer easement from Ken Smith for property on State Highway 114 at Highland. Motion: Farrier Second: Wilhelm Ayes: Farrier, wilhelm, Hall, Evans Nays: None Approved: 4-0 vote Agenda Item 922, ResolutiOn 91-01, Appointment to Board of ~d~ustments No action Was taken on this item as the result of the executive session. A~enda Item ~23, Adjournment Motion was made to adjourn the meeting at Motion: Farrier Second: Hall Ayes: Farrier, Hall, Wilhelm, Evans Nays: None Approved: 4-0 vote 9:45 p.m. M~fyor Gars Fi~ke~ ATTEST: LeGrand City Secretary