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1991-01-15 CITY OF SOUTHLAKE 667 N. Carroll Avenue Regular City Council Meeting January 15, 1991 7:30 p.m. COUNCILMEMBERS PRESENT: Mayor Pro Tem Betty Springer. Members: W. Ralph Evans, Jerry Farrier, Rick Wilhelm and, Sally Hall. ABSENT: Mayor Gary Fickes. CITY STAFF PRESENT: Curtis E. Hawk, City Manager; Billy Campbell, Director of Public Safety; Michael Barnes, Director of Public Works; Karen Gandy, Zoning Administrator; LouAnn Heath, Finance Officer; Greg Last, City Planner; Eddie Cheatham, City Engineer; Don Wilson, Fire Chief; Wayne Olson, City Attorney; and, Sandra L. LeGrand, City Secretary. INVOCATION:" Councilmember ~. Ralph Evans The work session was called Councilmembers present reviewed meeting. to order at 6:30 p.m. where the agenda items for tonight's The Regular City Council by Mayor Pro Tem Betty Fickes. meeting was called to order at 7:35 p.m. Springer, in the absence of Mayor Gary Agenda Item ~2, Approval of the Minutes The Minutes of the January 2, 1991 approved as submitted. Motion: Wilhelm Second: Evans Ayes: Wilhelm, Evans, Hall, Farrier Nays: None Abstention: Springer Approved: 4-0-1 vote City Council meeting were Agenda Item #3, Mayor's Report Mayor Pro Tem Springer noted that City Council has been invited to attend a meeting with the City of Colleyville and City of Keller, for the purpose of discussing items of mutual interest. Mayor Pro Tem Springer announced that the Special Election will be held on January 19, 1991, between the hours of 7:00 a.m. and 7:00 p.m. at city hall. She urged all registered voters in the city to vote. A Special City Council Meeting will be held on January 21, 1991 at 7:00 p.m. to canvass the election. City Council Minutes January 15, 1991 page two Agenda Item #3, Continued The Mayor Pro Tem announced that a couple of Councilmembers and members of city staff will be meeting with Planned Cable Company on January 16, 1991. Council is aware of some of the problems that the citizens are having with the cable service and hopefully this meeting will result with solutions to these problems. A meeting will be held on January 17, at 10:00 a.m. at Marriott Solana with the State Highway Department in regards to the State Highway 114 reconstruction project. Agenda Item %4, City Manager's Report Curtis Hawk} City Manager, noted that the Department Reports are in the packets. If there are questions, the Department Heads are present to respond to the questions. Councilmember Jerry Farrier commended the work being done by the Public Works Department on the pot holes which were repaired during the recent bad weather. Agenda Item ~5, Consent Agenda The consent agenda item was presented, including: Authorizing the City Manager to enter into a Contract with Cheatham and Associates for engineering the bridge on North White Chapel Blvd. Motion was made to approve the consent agenda as presented. Motion: Farrier Second: Wilhelm Ayes: Farrier, Wilhelm, Springer, Hall, Evans Nays: None Approved: 5-0 vote. Agenda Item %6, Public Forum No comments were received during the public forum. Agenda Item %7, Ordinance No. 527, 2nd reading. Firearms The City Manager, Curtis Hawk, reported that the ordinance on Firearms before Council is one that has been amended as the result of the 1st reading of the ordinance. The public hearing resulted with no comments from the audience. City Council Minutes January 15, 1991 page three Agenda Item 97, Continued Motion was made to approve the 2nd reading of Ordinance No. Motion: Hall Second: Farrier 527. Mayor Pro Tem Springer read the caption of the ordinance. Ayes: Hall, Farrier, Evans, Nays: None Approved: 5-0 vote Wilhelm, Springer Councilmember Rick Wilhelm stepped down for Agenda Item and #9. Agenda Item #8, Ordinance No. 480-38, 1st reading. ZA 90-66 The Zoning Administrator, Karen Gandy, introduced Ordinance No. 480-38, 1st reading (ZA 90-66), a zoning change request for a 14.0748 acre tract of land out of the Littleberry G. Hall Survey, Abstract No. 686, Tracts lC and 1C3. Current zoning is Commercial-2 and the requested zoning is S-P-2 (Generalized) Site Plan District. The owners of the property are; Trustees, E-Systems, Inc. Pool Trust and the Estate of J. F. Schnitzer, Inetta Schnitzer, Executrix. The applicant is PIMA Properties. Ms. Gandy noted that fourteen (14) letters were sent to property owners within 200' and to date she received no written responses. On December 20, the Planning and Zoning Commission tabled the item, and on January 3, 1991, they recommended approval by a 4-2 vote, adding that the Planning and Zoning Commission members were concerned with C-3 Zoning, as the uses were too intense. It was established that the Cheatham review letter requirements have all been met. David McMahan, PIMA Properties, 1335 Hidden Glen, Southlake. Mr. McMahan explained that he and Mr. Frank Plani are the owners of PIMA Properties. They have done business together for the past five (5) years. McMahan indicated that the total space of the project is 115,000 square feet. Phase I consists of 100,000 square feet, however, they will only build the space as needed. By reference, this site will be slightly smaller than Skaggs in Grapevine. He noted that the design of the center has not been finalized as of this date. This is not the final site plan, but only for review purposes during the zoning action. It is understood that the site plan must be approved by City Council prior to building permits being issued. City Council Minutes January 15, 1991 page four Agenda Item %8, Continued As a matter of history, McMahan noted that this property has been zoned for commercial purposes for more than twenty (20) years. It was zoned for commercial purposes prior to Diamond Circle Estates being developed. In 1987 it was reclassified to R-2 and more recently to C-2. He asked that certain uses be excluded in C-2 and C-3 districts. Ail the market studies indicate that this is a desirable location for that being proposed. Mayor Pro Tem Springer noted that some of the things City Council has concerns with are: sidewalks, landscaping, ingress-egress, etc. Public Hearing. Keith Letsinger, 804 Pearl .Drive. Mr. Letsinger noted he moved to Southlake in May, 1989. He presented a petition with 160 names, which were obtained within the last two (2) weeks. He has been concerned that City Council has made up their minds before hearing what the citizens have to say about the request. Mr. Letsinger stated he feels that the shopping center will be like a magnet to the kids. He does not think it is proper to build on that property until the infrastructure is in place. He asked that Council not change the zoning at this time. Janie Mabry, 913 Emerald Blvd. Mrs. Mabry stated that she is opposed to the zoning change because of concerns for the children by the city park. The City Park is an enjoyable asset. It is poor judgement and master planning to change this zoning. The traffic is dangerous near the park. She asked that Council please not allow a shopping center of any kind at this site. Kathy Letsinger, 804 Pearl Drive. Traffic and safety are her concerns. Mr. McMahan stated that White Chapel Blvd. was to be widened to 84' Safety is a great concern because of this additional development. She understands that sidewalks are not included with the bond package. Tamara McMillan, 1023 Mission Drive. Ms. McMillan stated that they all come from different parts of the United States. They all chose Southlake as their homes. It offers a quality of life. She asked City Council to re-think this. She asked City Council to create a task force with one member from each neighborhood that is being considered for change, along with an appraiser and a lender. Councilmember Sally Hall asked Ms. McMillan if she were not a resident, what does she feel would be a suitable zoning. McMillan replied, "office". City Council Minutes January 15, 1991 page five Agenda Item ~8, Continued Bob Dowdy, 1018 B Diamond Blvd. Mr. Dowdy addressed landscaping and S-P-2 Zoning. He said if the City Council zones it, "hold it and don't develop it until the proper time, when the infrastructure is in place." Randall Boyd, 807 Pearl Drive. Mr. Boyd addressed business and due diligence (doing homework). He asked if Council has investigated PIMA Properties. If the center folds, Mr. McMahan will be long gone and they will be looking at an empty center. Councilmember Sally Hall stated that Council is well aware of the traffic counts and supporting data along FM 1709. FM 1709 was scheduled to be complete in~1989. It will be done, if not started in 1992. white Chapel Blvd. has always been designed as an 84' right of way. Hall stated she understands the concerns about sidewalks and the need for safety to the park. Mayor Pro Tem Springer added that City Council has more control with S-P-2 zoning than with Commercial-2 zoning. She added that she resents the implication that her mind was made up prior to listening to citizen comments. Lee Schiavolin, 823 Pearl Drive. Mr. Schiavolin commented that they all chose the community because of what it has to offer. He thinks all the elements are in place, and they are opposed to S-P-2 zoning. They cannot stop progress, it is coming whether they like it or not. The timing is not right for this zoning. Infrastructure is not in place. Currently there are twelve (12) developments in different stages of development. They want to see planned and orderly growth. Let a shopping center come when the time is right. Ms. Hall noted that City Council is looking for commercial developments as a tax relief. We need to generate a tax base and give the property owners some tax relief. Jay Mabry, 913 Emerald. Mr. Mabry stated that it is easy to get emotional. Money and safety are the two real issues. The people who live in Southlake want their homes and neighborhoods. The developers want a "blanket" alcoholic beverage permit. If you let one in, you have to let them all in. Is the developer willing to guarantee their investments? When a business fails, it becomes an eye sore. This one will fail because they will not support it. There is no reason to make White Chapel a large street. City Council Minutes January 15, 1991 page six Agenda Item #8, Continued Jay Mabry, 913 Emerald, stated that they are going to continue to circulate their petitions. David McMahan stated that he cannot make everyone happy. He has never seen a time when money was tighter; however, if financing is available, they will do it. They are putting in major anchor tenants. The building would be one story; however, grocery stores do have a mezzanine. Public Hearing closed. Councilmember Jerry Farrier stated that the City Council responsibility is to the entire citizenry, not just the 161 who signed the "petition. He fe'els the land can support the commercial use. If City Council does not accept S-P-2, they lose all control. He does not want to see a strip center on that property. S-P-2 zoning is the best thing that could happen to the property for all the citizens. People shop out of convenience, not out of vendetta. The development is not taking away park land, only the property loaned to the city for ballfields. Councilmember Ralph Evans stated that City Council is concerned about safety, traffic, and the things that go up in the backyard. He has been here twenty-six (26) years, and the nearest house was one-fourth mile away. He has seen the City change. Councilmember Sally Hall thanked all the homeowners and stated it is difficult for City Council to make decisions and they need citizen support. PIMA Properties could have gone into city hall and got a building permit to build anything under C-2 zoning. The zoning was in place for several years, but he wanted S-P-2, which is harder on him and provides little control by City Council. Ms. Hall prefers the S-P-1 because it allows City Council to address the citizen concerns. Motion was made to approve Ordinance No. 480-38, 1st reading with the stipulations that were discussed concerning bufferyards, and remove the classifications in the letter dated January 15, 1991 from McMahan , and if needed, provide the sidewalks as requested by adjacent homeowners. Motion: Evans Second: Hall Mayor Pro Tem Springer read the caption of Ordinance No. 480-38. City Council Minutes January 15, 1991 page seven Agenda Item %8, Continued Ayes: Evans, Hall, Farrier, Springer Nays: None Approved: 4-0 vote Mayor Pro Tem Springer announced that the second reading of Ordinance No. 480-38 will be held on February 5, 1991. Council adjourned for recess at 10:20 p.m. Council reconvened to open session at 10:45 p.m. Agenda Item %9, Resolution 91-02 (ZA 90-71) Specific Use Permit for Alcoholic Beverages Karen Gandy, Zoning Administrator, introduced a request for a Specific Use Permit for Alcoholic Beverage Sales, for the property known as Crossroads Square, as discussed in agenda item #8. Mrs. Gandy noted that fifteen (15) letters were sent to property owners within 200' On January 3, the Planning and Zoning Commission recom~nended approval by a 4-2 vote, limiting to the sale of beer only to one (1) grocery store and one (1) drug store, at the northwest corner of the center. David McMahan, PIMA Properties, was present to answer questions for the Council. He stated he is requesting the permit to sell beer at one (1) grocery store and one (1) drug store. He added that there are currently eleven (11) establishments.in Southlake that sell beer. The convenience store location there will not add any burden to Southlake. He requested that taverns and bowling alleys be stricken from the list of uses. Concerns: Park, schools, churches. They want the opportunity to compete in the market. Public Hearing: Charles Broadway, 600 Bentwood Lane. Mr. Broadway thanked the D.A.R.E. Program in Southlake. He asked that Council stop alcoholic beverages in the city, and he feels our ordinances are too weak. Dale Ryder, 193 South Pine Street. Mr. Ryder is pastor of the White Chapel United Methodist Church. He asked that the permit for alcoholic beverages, off premises, be limited to two buildings in the shopping center. That way the applicant will have to come back to Council for additional permits. Public hearing closed. City Council Minutes January 15, 1991 page eight Agenda Item 99, Continued Councilmember Sally Hall referenced the fact that in 1973, an election was held where Precinct 3 was voted wet for off premises packaged beer. She feels that a grocery store is a far more responsible place for the sale of off premises packaged beer. Mayor Pro Tem Springer agrees with Mrs. Hall's comments, and feels that the bulk of beer in convenience stores gets opened in the parking lot, whereas in a grocery store, that is not likely the case. Councilmember Hall stated that she feels the children should be educated in regards to the use of alcoholic beverages, as our city is surrounded by cities that sell alcoholic beverages. Motion was made to approve Resolution to the grocery store and drug store. Motion: Evans Second: Farrier Ayes: Evans, Farrier, Springer, Hall Nays: None Approved: 4-0 vote 91-02, limiting the permits Councilmember Wilhelm returned to the Council table. Agenda Item 910, Ordinance No. 480-39, 1st reading. Ordinance No. 480-39, 1st reading (ZA 90-69), a Zoning change request for a 3.267 acre tract of land out of the Hiram Granberry Survey, Abstract Not 581, Tract 4C. The property is located east of south White Chapel Blvd., approximately 2,200 feet south of FM 1709. Current zoning is Agricultural, request is for the SF -lA Zoning District. Karen Gandy, Zoning Administrator, introduced the agenda item, stating that ten (10) letters were sent to property owners within 200' and received one response, from Lenora Herran, who is opposed because she feels this zoning will affect her property in the future years. Wilfred Anderson, 110 Cross Creek, Grapevine. He stated this is a simple change of zoning in order for them to build a home on the property. The public hearing resulted with no comments during the meeting. City Council Minutes January 15, 1991 page nine Agenda Item #10, Continued Motion was made to approve Ordinance No. Motion: Wilhelm Second: Evans 480-39, 1st reading. Mayor Pro Tem Springer read the caption of the ordinance. Ayes: Wilhelm, Evans, Nays: None Approved: 5-0 vote Farrier, Springer, Hall Item #11, ZA 90-70, Plat Showing, Lot 1 Hiram Granberry Addition Karen Gandy, Zoning Administrator, stated that the Plat Showing of Lot 1, Himam Granberry No. 581 Addition, is described as being 3.267 acres out of the Hiram Granberry Survey, Abstract No. 581. The property is located east of south White Chapel Blvd., approximately 2,200 feet south of FM 1709. Owners, wilfred and Veronika Anderson were present for the meeting to answer questions for Council. Motion was made to approve ZA 90-70 Plat Showing, with the implementation of Item %1 in the January 9, 1991, Cheatham review letter. Motion: Wilhelm Second: Farrier Ayes: Wilhelm, Farrier, Springer, Evans, Hall Nays: None Approved: 5-0 vote. Agenda Item %12, Discussion: Request by Mike Park #2 Addition. O'Brien/Southlake Greg Last, City Planner, explained this item to City Council in that Mike O'Brien would like to informally discuss the issue of subdividing a lot in order to give a portion to his son. A copy of the memorandum presented to Council is hereby incorporated into the minutes. Peggy Cardinal, daughter of Mr. O'Brien was present to discuss the issue with Council. After discussion, it was agreed upon that an "emergency access easement" would be considered by the City Council. City Council Minutes January 15, 1991 page ten Agenda Item ~13, Award of Bid for Fire Dept. Grass Truck This item was presented to City Council by Director of Public Safety, Billy Campbell, who stated that based on the analysis and consideration of all the factors involved, it is recommended that the City Council reject all the initial bids and award the chassis bid to North Loop Dodge for $17,601 and the body apparatus to Casco Industries for $28,558.31, with a total cost of the complete turn key at $46,159.31. Motion was made to reject the bids of December Fire Department Grass Truck. Motion: Wilhelm Second: Hall Ayes: Wilhelm, Hall, Springer, Farrier, Evans Nays: None Approved: 5-0 vote 18, 1990 for the Motion was made to approve the bid from North Loop Dodge and from Casco Industries as recommended by the Director of Public Safety. Motion: Wilhelm Second: Hall Ayes: Wilhelm, Hall, Springer, Farrier, Evans Nays: None Approved: 5-0 vote Agenda Item #14, Special Election The City Manager, Curtis Hawk, explained that this item was placed · on the agenda in order to give Council the opportunity to discuss the Special Election to be held on January 19, 1991. Agenda Item 915, and #16 Discussion: Ord. 75 and Ord. 418 Curtis Hawk explained to Council that Ordinance No. 75, Sanitation, and Ordinance No. 418, Flood Control, were the Council agenda for discussion. He stated that the are in need of revisions in order to strengthen them. Health and placed on ordinances A~nda Item #17, Executive Session Mayor Pro Tem Springer announced that Council would be going into executive session pursuant to the Open Meetings Act, Article 6252-17 V.T.A.S. Council convened in closed session at 12:10 a.m. Council returned to open session at 1:20 a.m. City Council Minutes January 15, 1991 page eleven Agenda Item #18, Action Necessary/Litigation No action was taken during the executive pending or contemplated litigations. session in regards to Agenda Item #19, Action Necessary/Personnel No action was taken during the executive session personnel matters, including boards and commissions. in regards to Agenda Item 920, Action Necessary/Land Acquisition No action was taken during the executive session in regards acquisition. to land Agenda Item ~21, Resolution 91-01, Appointment to Board of Adjustments Motion was made to approve Resolution 91-01, naming Fred Joyce as a regular member filling the unexpired term of Stephen Apple, and, appointing Patty McCarty as Alternate #2, for a term to expire in May, 1991. Motion: Wilhelm Second: Evans Ayes: Wilhelm, Evans, Farrier, Springer, Hall Nays: None Approved: 5-0 vote Agenda Item #22, Adjournment Mayor Pro Tem Springer adjourned the meeting at 1:25 a.m. ATTEST: City Secretary Mayor Pro ~ Bg%ty ~nger