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1991-02-19 CITY OF SOUTHLAKE 667 N. Carroll Avenue REGULAR CITY COUNCIL MEETING February 19, 1991 7:30 p.m. COUNCILMEMBERS PRESENT: Mayor, Springer. Members: Sally Hall, Ralph Evans. Gary Fickes; Mayor Pro Tem Betty Rick Wilhelm, Jerry Farrier and W. CITY STAFF PRESENT: Curtis E. Hawk, City Manager; Billy Campbell, Director of Public Safety; Greg Last, City Planner; Don Wilson, Fire Chief; Karen Gandy, Zoning Administrator; Lou Ann Heath, Director of Finance; Allen Taylor, 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 7:45 p.m. by Mayor Gary Fickes. Agenda Item #2, Approval of the Minutes Motion was made to table approval of the minutes of the February 5, 1991 City Council meeting. Motion: Wilhelm Second: Evans Ayes: Wilhelm, Evans, Springer, Hall, Farrier Nays: None Approved: 5-0 vote (to table) Agenda Item #3, Mayor's Report Mayor Flckes announced that the General Election will be held on May 4, 1991. Filing for places on the ballot is now in progress and will end on March 20, 1991. The Mayor announced the resignation of Barry Emerson on the Planning and Zoning Commission, citing the reason as he filed for Place 2 on the City Council. Mayor Fickes stated he met with Mobil Land Development in regards to SH 114, adding that it is in the city's best interest to develop a corridor study with a urban plan being done on the corridor. Possibly, I.B.M., Perot Group, and Hunt Ranch could participate in the study. Councilmember Rick Wilhelm announced that the returns of the SEDC Survey have been fairly good. He urged citizens to return the surveys as soon as possible. City Council Minutes February 19, 1991 page two Aqenda Item #3, Continued Mayor Fickes stated from all indications, our area of FM 1709 improvements have not been postponed. Aqenda Item #4, City Manaqer's Report The City Manager, in the packets. answer them. Curtis Hawk noted that the Department Reports are If Council has questions, staff is available to Councilmember Sally Hall stated she has had questions asked by residents in Whispering Dell Estates in regards to the large ditch, and what would happen should heavy rains fall. Councilmemb~r Rick Wilhelm dommented that he has been told that the construction work around the grade school starts about 8:00 a.m. (when school starts). He asked if the work could be postponed until about 8:30 a.m. or so. Councilmember Hall referenced the dry season and potential for fires. She asked if the Fire Department has sent out letters in regards to high weeds. The City Manager responded that this is the time of the year that burn permits are not issued. Aqenda Item #5, #6, The Consent Agenda, to Council. #7 Consent Aqenda consisting of the following item was presented Authorization to advertise for bids for the relocation of utilities on FM 1709. Austin Oaks Addition. Request to construct a portion of Austin Oaks Drive from Grapevine city limits to future SH 114 right-of-way. Resolution 91-10, authorizing the Mayor to enter into an agreement with City of Grapevine for emergency water. Motion was made to approve the consent agenda as listed above. Motion: Wilhelm Second: Evans Ayes: Wilhelm, Evans, Springer, Hall, Farrier Nays: None Approved: 5-0 vote Councilmember Wilhelm commended the work of City Staff in working with the area cities. The mutual cooperation between the cities will benefit everyone. City Council Minutes February 19, 1991 page three Aqenda Item #8, Public Forum Phyllis and Herbert Koven, 1363 Cross Timber Drive, Southlake. A letter written by Ms. Koven is hereby incorporated into the minutes of the meeting. The letter is in reference to the boulevard within the SouthRldge Lakes Addition. Aqenda Item #9, Southcrest Median revision, Phase I, SouthView Estates City Planner, Greg Last, gave an overview of the revisions to the median on Southcrest Lane in the SouthView Addition. A copy of the memorandum dated February 14, 1991, prepared by Last, is hereby incorporated into the minutes. Tom Matthews, Dextor International, Developer, stated they have met several times with the post office in an effort to work out a workable plan. Dextor recognizes that they need to compete with the market and are requesting that the median be expanded so that they have a better entry. Matthews stated that they propose a compromise, using the front entrance only for post office, will keep the post office traffic onto post office property. Larry Andrews, Post Office, stated that they are totally opposed to this plan. Mr. Matthews asked for a cost sharing on the plan, stating he has tried a compromise that will not cost the Post Office anything. Mayor Fickes stated he strongly recommends that the developer and the Post Office try to work together. Bob Dowdy, 1018 B Diamond Blvd. Mr. Dowdy suggested that it be designed for one way flow of traffic to start, expanding to two curb cuts when needed in the future. Councilmember Hall suggested one curb cut on Southcrest and one on North Carroll Avenue. This is the most workable plan. If the city allows curb cuts every fifteen feet, we will be creating another Davis Blvd. Mayor Fickes stated if it does get changed, what will this do to the project. Mr. Andrews stated, if this happens, they will need to evaluate the situation and see what happens. Mayor Pro Tem Springer commented in regards to the efforts that have gone into getting a Post Office in Southlake. Again, Mayor Fickes asked the two parties to try and work together for a solution. City Council Minutes February 19, 1991 page four Aqenda Item #10, Request of Arthur Sorenson, amended plat/varianc~ Greg Last, City Planner introduced agenda item #10, request of Arthur Sorenson, for an amended plat, variance for 100' lot width and perpendicular lot line requirement stating the perpendicular lot line requirement is per Section 8.01 (E) of the Subdivision Ordinance and the 100 foot lot width requirement of the SF-20B district. These are the only two (2) requirements needing to be addressed prior to City Staff approving the amended plat. Chris Kelly, 1205 Oakhurst Court, Southlake. Mr. Kelly stated when the issue came out, Mr. Sorenson talked with his wife and they thought it was just the side yard variance. He was dismayed that he was really asking for a small reduced lot size. He would hope that this would be turned down because he cannot understand the logic in this issue. Councilmember Hall questioned other lot sizes in Continental Park Estates. Councilmember Wilhelm commented that the lot size is not the issue before the City Council. Council can grant a variance to the perpendicular lot line and a variance to 100' lot width. Arthur Sorenson, 1201 Oakhurst Court, Southlake. Mr. Sorenson stated that he and his wife have tried to come up with another solution. If he were to build on the lot, he would propose the same size house as his and others on the block. He may sell the lot and not build on it himself. Councilmember Wilhelm noted that a house built on the lot should be compatible in size with the area. Curtis Hawk stated that with the approval at the Board of Adjustments, the normal process that the city would go through would be to amend the plat, adjusting the property line between the two common properties. We cannot do that now, because it impacts other ordinances. The reason it is before Council tonight is because of the subdivision ordinance requirement that speaks to the perpendicular lot line. Councilmember Farrier stated to solve the encroachment problem and still maintain a 20,000 foot lot size is going to require the side yard line to have a kink in it some way. Council continued to discuss different alternatives to the problem. Farrier stated his disappointment was that there was opposition to the issue and he does not think property owners had the opportunity to speak in regards-to this case. known City Council Minutes February 19, 1991 page five Aqenda Item #10, Continued Motion was made to approve the variance on the perpendicular line as shown on the proposed plat of Lots 7R and SR. Motion: Wilhelm Second: Evans Ayes: Wilhelm, Evans, Hall Nays: Springer and Farrier Approved: 3-2 vote lot Aqenda Item #11, Discussion: Park Use Policy A disCussion was held in regards to the Park Use Policy. Janet Murphy, chairman of the board was present to answer questions for Council. The comments to be corrected include: a) if the deposit is used to clean, then it needs to be replaced. b) limited use of nonprofit corporation under the State of Texas laws c) under definitions: b. change to all school within the City of Southlake. d) concession stand: Dr. Pepper products only, sold out of the concession stand. The Park and Recreation Board will consider the changes as noted. Council adjourned for recess at 9:45 p.m. Council returned to session at 9:55 p.m. Aqenda Item #13, Ordinance No. 522-A, Court of Record Ordinance No. 522-A, amending Ordinance No. 522, in regard to Court of Record was considered in 2nd reading. The amended ordinance established a two (2) year term for the judge, and allowed for the salary to be set by the Council. The public hearing resulted with no comments from the audience. Motion was made as presented. Motion: Wilhelm Second: Farrier to approve the 2nd reading of Ordinance No. 522-A Mayor Fickes read the caption of the ordinance. Ayes: Wilhelm, Farrier, Evans, Springer, Hall Nays: None Approved: 5-0 vote City Council Minutes February 19, 1991 page six Aqenda Item #14, Settinq Salary for Judqe of Municipal Court Mayor Fickes announced that a survey was done of area Courts and found that North Richland Hills is the only Court of Record in the area. He added that this item will be discussed in executive session. Aqenda Item #15t Contract for Janitorial Services Director of Public Safety, Billy Campbell informed the City Council that bids were opened for Janitorial Service for City Hall and the Community Center on January 25, 1991. He reviewed various items in the contract, noting that a thirty (30) day termination clause does exist. There were eight (8) bidders, and the low bid was $595. per month. The Contract is to become effective on March 1, 1991. Motion was made to approve the contract presented proposed by Councilmember Wilhelm. Motion: Farrier Second: Hall Ayes: Farrier, Hall, Springer, Wilhelm, Evans Nays: None Approved: 5-0 vote with changes as Aqenda Item #16, Discussion: RFP for Traffic Study /Thorouqhfare The City Manager, Curtis Hawk stated that given the dynamics of the community and the changes that have occurred since the last thoroughfare plan was approved, he feels it would be appropriate that we consider funding a study now, rather than waiting until next budget year. He suggested that we could fund a study through our current budget in a line item, and revise at budget adoption. He added that the study would cost between fifty (50) and sixty (60) dollars and will take from 90-120 days if we go out for RFP's. Wilhelm stated he feels this is terrifically important as it will determine the size of streets. Mayor Fickes noted he would like to see this get done as soon as possible. The City Manager stated they will come up with a list of names who will not present a conflict of interest. City Council Minutes February 19, 1991 page seven Aqenda Item #17, Resolution 91-12, Acceptinq CPE Sewer Improvements Curtis Hawk announced that the sewer is flowing in the Continental Park Estates addition and people are starting to hook up to the system. The charge for sewer service is $25. per month minimum. Motion was made to approve Resolution 91-12, accepting improvements for Continental Park Estates. Motion: Wilhelm Second: Springer Ayes: Wilhelm, Springer, Hall, Evans, Farrier Nays: None Approved: 5-0 vote the sewer Aqenda Item #12, Ordinance No. 480-C, 1st readinq Zoning Administrator, Karen Gandy, reviewed the changes as recommended by the Planning and Zoning Commission, in regards to amendments to the Zoning Ordinance No. 480. Mayor Fickes suggested that he meet with Councilmembers Hall and Wilhelm and go over the recommended changes and present a recommendation to the City Council during the next City Council meeting. Mayor Pro Tem Springer left the meeting at 11:05 p.m., as she became ill. Motion was made to table action on Ordinance No. 480-C, continue the public hearing at the next City Council meeting. Motion: Wilhelm Second: Hall Ayes: Wilhelm, Hall, Evans, Farrier Nays: None Approved: 4-0 vote and Aqenda Item #18, Executive Session Mayor Fickes announced that Council would session pursuant to the Open Meetings Act, Council convened in closed session at 11:10 p.m. Council returned to open session at 12:08 a.m. Aqenda Item #19, Action Necessar¥/Litiqattons No action was necessary in regards to pending or litigation, as the result of the executive session. be going into executive Article 6252-17 V.T.A.S. contemplated City Council Minutes February 19, 1991 page eight Aqenda Item #20, Action Necessary/Personnel Matters No action was necessary in regards to Personnel matters as the result of the Executive Session. Aqenda Item #21, Action Necessary/Land Acquisition No action was necessary in regards to land acquisition result of the executive session. as the Aqenda Item #14, Salary for Judge of Municipal Judqe As the result of the executive session, motion was made to base salary of the Judge of the Municipal Court at $50. per visit arraignment fee, with a total annually. Motion: Wilhelm Second: Evans Ayes: Wilhelm, Evans, Farrier, Hall Nays: None Approved: 4-0 vote set the $15,000, with a cap at $24,000 Aqenda Item #22, Resolution 91-11, appointment to the Southlake Library Committee. Motion was made to table Resolution 91-11, appointment to Southlake Library Committee, time certain March 5, 1991, Council Meeting. Motion: Evans Second: Wilhelm Ayes: Evans, Wilhelm, Farrier, Hall Approved: 4-0 vote (to table) the City Aqenda Item #23, Adjournment Motion was made to adjourn the meeting at 12:15 a.m. Motion: Evans Second: Hall Ayes: Evans, Hall, Nays: None Approved: 4-0 vote Farrier, Wilhelm AT~EST: Sandra L.' LeGrand City Secretary