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1991-04-16CITY OF SOUTHLAKE 667 N. Carroll Avenue REGULAR CITY COUNCIL MEETING April 16, 1991 7:30 p.m. COUNCILMEMBERS PRESENT: Mayor, Gary Fickes; Mayor Pro Tem Betty Springer. Members: Sally Hall, Rick Wilhelm, Jerry Farrier, and W. Ralph Evans. CITY STAFF PRESENT: Curtis E. Hawk, City Manager; Billy Campbell, Director of Public Safety; Michael Barnes, Director of Public Works; Lou Ann Heath, Director of Finance; Greg Last, City Planner; Karen Gandy, Zoning Administrator; Eddie Cheatham, City Engineer; Wayne K. Olson, City Attorney; and, Sandra L. LeGrand, City Secretary. INVOCATION: Councilmember W. Ralph Evans A Work Session was held beginning at 6:30 p.m. where City Council members and staff present reviewed the items on tonight's meeting agenda. The Regular City Council meeting was called to order at 7:30 p.m. by Mayor Gary Fickes. Agenda Item #2, Approval of the Minutes The Minutes of the April 2, 1991, City Council meeting were approved as amended. Motion: Wilhelm Second: Evans Ayes: Wilhelm, Evans, Springer, Farrier, Hall Nays: None Approved: 5 -0 vote Agenda Item #3, Mayor':s Report Mayor Fickes announced that every year the City participates in the Tarrant County Volunteer of the Year Program, which was formed under the United Way Program. This year Mrs. Debbie Baum has been chosen as Southlake Volunteer of the Year. Mrs. Baum was introduced by Mayor Fickes and presented with a proclamation which also named April as Volunteer month in Tarrant County. Mayor Fickes announced that Absentee Voting for the May 4, 1991 General Election is in progress. It began on April 15, and will be held until April 30 at 5:00 p.m. Also, on Saturday, April 27, from 10:00 a.m. to 2:00 p.m, absentee voting will be open in the Office of City Secretary. He urged all registered voters to vote in the General Election for Mayor, Councilmembers Places 1,2, & 6 and also for Judge of Municipal Court. City Council Minutes April 16, 1991 page two Agenda Item #4, Continued The Mayor noted that a monthly newsletter is currently being prepared by city staff and that citizens can expect to receive the first issue by the end of April. A Park Master Plan questionnaire has been mailed to approximately 600 citizens, who have been chosen at random. The Mayor urged everyone who received a questionnaire, to please return it to the city. The information included in the form is very important to the city. Mayor Fickes commented on the heavy rains which Southlake has received, citing drainage problems. He asked City Staff to look,at the drainage designs on several additions in the city. Mayor Pro Tem Betty Springer announced that the Annual Chamber of Commerce Candidates Forum will be held on April 25, beginning at 7:00 p.m. at Johnson Elementary School for those who wish to attend. Agenda Item #4, City Manager's Report The City Manager, Curtis E. Hawk, announced that the Department Reports are in the packets and Department Heads are present to answer questions for Council. Mr. Hawk stated that a Special Work Session on the Annual Financial Review will be held in the near future. Agenda Items #5, #6, #6A- Consent Agenda The Mayor read the consent agenda items, including: 5. Resolution 91 -16, authorizing the City Manager to write a letter of release, authorizing Kingston Arnim, Carmel Bay Addition, to purchase raw water from City of Dallas. 6. Agreement between TRA (Trinity River Authority) and Southlake to transfer construction funds for the N -3 sewer line. 6A. Resolution 91 -17, in support of Carswell Air Force Base. City Council Minutes April 16, 1991 page three Agenda Item # 5, #6, #6A, Continued Mayor Pro Tem Springer commented that even though it does not look good for Carswell Air Force Base, its closing down will have devastating affects on not only Tarrant County but on North Central Texas as well. It will affect 8,000 direct jobs at Carswell; 12,000 indirect civilian jobs; and 31,000 retirees in the City of Fort Worth alone who lived there for the hospital and commissary. Motion was made to approve the items on the consent agenda as presented. Motion: Wilhelm Second: Springer Ayes: Wilhelm, Springer, Evans, Farrier, Hall Nays: None Approved: 5 -0 vote Agenda Item #7, Public Forum No comments were made during the public forum. Agenda Item #8 Ordinance No. 529, 2nd reading. Fire Code Ordinance No. 529, amending Ordinance No. 470 was presented in second reading. Director of Public Safety, Billy Campbell explained the changes which were made to the ordinance at the request of City Council. Public Hearing: Dennis McGraff, 2403 North Carroll Avenue. Mr. McGraff commented in regard to construction of the fire lanes. Motion was made to approve Ordinance No. 527, second reading, as amended. Motion: Farrier Second: Springer Mayor Fickes read the caption of the ordinance. Ayes: Farrier, Springer, Hall, Evans, Wilhelm Nays: None Approved: 5 -0 vote City Council Minutes April 16, 1991 page four Agenda Item #9, Ordinance No. 480 -01 -A, 2nd reading Timarron The Zoning Administrator, Karen Gandy, reported on behalf of Bear Creek Communities, Inc., and the request for a zoning change for eight (8) parcels of property to be added to the existing residential P.U.D. The parcels are described as follows: Parcel A: 9.011 acres out of the O.W. Knight Survey, Abstract No. 899, Tract 2A3, and a portion of Lots 2 & 3 Spring Creek Acres. Parcel B: 8.771 acres out of the O.W. Knight Survey, Abstract No. 899, Tract 2C1A. Parcel C: 8.298 acres out of the O.W. Knight Survey, Abstract No. 899, Tracts 6B1, 6B2, 6B3, 8B, and 8C. Parcel D: 4.014 acres out of the O.W. Knight Survey, Abstract No. 899, Tract 6A. Parcel E: 2.810 acres out of the O.W. Knight Survey, Abstract No. 899, Tract M. Parcel F: 1.047 acres out of the J.N. Gibson Survey, Abstract No. 1B2. Parcel G: 10.68 acres out of the Hall Medlin Survey, Abstract No. 1038, Tracts 2D, 2D1, 2D2, 2D2A, 2D2B, 2D3, 2D4, 2D5, and 2D6. Parcel H: 31.518 acres out of the Hall Medlin Survey, Abstract No. 1038, Tracts 2G, 2H, 2J, and 2J1. The addition of these eight (8) parcels will increase the acreage of the project to 902.80 acres. Mrs. Gandy noted that the owner of the property is Bear Creek Communities, Inc. All the tracts are zoned Agricultural, with the exception of 2.978 acres which is Zoned SF -1. The requested zoning is for Residential P.U.D. Eighty -two (82) letters were sent to property owners within 200' and she received three (3) responses: Bill Stowe and James B. Stahala were in favor, and B.J. Marriott opposed. The public hearing resulted with no comments from the audience. Motion was made to approve the 2nd reading of Ordinance No. 480 -01 -A, subject to the staff review letter of March 25, 1991. Motion: Farrier Second: Evans Mayor Fickes read the caption of the ordinance. Ayes: Farrier, Evans, Springer, Wilhelm, Hall Nays: None Approved: 5 -0 vote City Council Minutes April 16, 1991 page five Agenda Item #10, ZA 91 -04, Pre Plat of Timarron, Phases 1 & 2 The preliminary plat of Timarron, Phases 1 & 2, a 165.01 acre tract out of the Hiram Granberry Survey, Abstract No. 581, the O.W. Knight Survey, Abstract No. 899, and the Hall Medlin Survey, Abstract No. 1037 and 1038, was presented to Council. Zoning Administrator, Karen Gandy, noted that the plat includes 234 residential lots with 28 acres of open space. Owner of the property is Bear Creek Communities, Inc. The preliminary plat was tabled during the April 2, 1991, City Council meeting at the request of the developers. Dennis Jerke, Carter & Burgess, Inc. was present, representing Bear Creek Communities, Inc. Mr. Jerke assured Council that the lot sizes will be shown on the final plat as per ordinance. He noted that he has some very deep lots, however, the set back lines are further back on those lots, staggering house locations. They are trying to create an estate type setting as these things effect marketing in this area. Also, setting the houses back in some areas will avoid the drainage areas. When asked, Mrs. Gandy noted that the more intense use is required to put in the buffer yard. City Planner, Greg Last, informed the Council that every lot in a flood plane area will be required to show a finished floor elevation on the final plat. Mr. Jerke noted that they are preserving the Big Bear Creek area for a future park, however, are concerned about the private property and also about the maintenance. Larry Midtbo commented that the problem with a park in the Bear Creek area is that the lots belong to the homeowners, and he feels the park area should be the responsibility of the homeowners association or the city. Councilmember Rick Wilhelm asked the developers for a statement in regards to the linear park. Mr. Midtbo comments that they cannot commit, as the property will belong to the homeowners association. Councilmember Ralph Evans noted on the final plat he would like to see the number of lots and sizes, for each category. City Council Minutes April 16, 1991 page six Agenda Item #10, Continued Councilmember Wilhelm stated that because we are building in a flood plane, he would like the city attorney to suggest the proper wording that can be put on the final plat whereby there is a release of liability because of inundation. This will be for the people who want to buy in that area. Mayor Fickes asked in regard to the park issue, that the door be left open, and stated, conversations are still going on with the Monticello Development. It was noted that the items in the review letter of April 8, have not been implemented on the preliminary plat. Mr. Jerke noted that they are opposed to street stubs. Councilmember Sally Hall stated, as discussed with every subdivision, she is concerned with all the "pod" communities within the development. She likes to see the open acres and the open space with an open flow, each relating with each other. She also commented on school sites and buses. Motion was made to approve the preliminary plat of Timarron, Phases 1 & 2, subject to items #3, and #5 in the April 8, 1991, staff review memorandum being complied with. Motion: Wilhelm Second: Springer Ayes: Wilhelm, Springer, Hall, Farrier, Evans Nays: None Approved: 5 -0 vote Mayor Fickes again stated that he would like to see the Park Board and the Master Plan Study group continue looking at this project. Councilmember Jerry Farrier stepped down for agenda items #11, #12, and #13, stating conflict of interest as the reason for not participating in these items. Agenda Item #11, Ordinance No. 480 -40, 1st reading. Carlock Ordinance No. 480 -40, 1st reading, (ZA 91 -10) is a request for a zoning change request for 10.884 acres out of the B.J. Foster Survey, Abstract No. 519, being a portion of Lot 2 of the Sword Addition. Current zoning is "C -2" Commercial with a request for "AG" Agricultural zoning district. Owner /Applicant is Charles Carlock. City Council Minutes April 16, 1991 page seven Agenda Item #11, Continued Zoning Administrator, Karen Gandy, introduced the zoning case stating that all structures will remain on site. Eleven (11) letters were sent to property owners within 200' and she received one response from Monica Haverkamp, who is in favor of the request. Mr. Bob Lemke questioned down zoning of the property. It was noted that the zoning request excludes Lot 2 -R -1. Terry Mitchell was present, representing Charles Carlock. Councilmember Wilhelm stated that he is happy to see this request. Public Hearing Joy Clark, 755 Randol Mill Road. Ms. Clark objected to this action. She has held on to her property for years and now it is time for her to do something with it. She stated she has been told for years and this area would be best for commercial or industrial. She is very concerned that all her rights have been taken away. Councilmember Wilhelm commented that Council was forced with a situation when the property was annexed, and construction had already been started on the Lemke site, because it was not within the city and because there was a plan for the property. That use is a non conforming use, and at some point and time that non conforming use will stop. He consistently would have liked to see that area in quality residential homes. Council has been consistent with that area. Mayor Fickes commented that C -2 is a retail type business and the ten (10) acres will never be developed as a retail use. Ms. Clark asked if Council was aware that the property on the west side of Randol Mill Road, which is in Keller, is proposed for Commercial. Public hearing - closed. Motion was made to approve Ordinance No. 480 -40, 1st reading. Motion: Wilhelm Second: Evans Mayor Fickes read the caption of the ordinance. Ayes: Wilhelm, Evans, Springer, Hall Nays: None Approved: 4 -0 vote City Council Minutes April 16, 1991 page eight Agenda Item #12, Ordinance No. 480 -41 1st reading /Garlock Ordinance No. 480 -41, 1st reading (ZA 91 -11), a zoning change request for 1.492 acres out of the B.J. Foster Survey, Abstract No. 519, being more commonly known as a portion of Lot 2, Sword Addition, was presented by Karen Gandy, Zoning Administrator. The property is located on the east side of Randol Mill Avenue at Florence Road. Current zoning is "C -2" Commerical with a request for "SF -IA" zoning district. Mrs. Gandy noted that eleven (11) letters were sent to property owners within 200 with Monica Haverkamp responding in favor. Terry Mitchell was present to represent the owner. Public Hearing: Joy Clark, 755 Randol Mill Road. Ms. Clark expressed concern that a survey mark was placed on her property. It was noted that the city did not survey the property, however, the owners did the survey. Terry Mitchell noted that they will be building 50' to 60' inside the fence near her home. Public hearing closed. Motion was made to approve Ordinance No. 480 -41, 1st reading. Motion: Wilhelm Second: Springer Mayor Fickes read the caption of the ordinance. Ayes: Wilhelm, Springer, Hall, Evans Nays: None Approved: 4 -0 vote Agenda Item #13, ZA 91 -12, Plat Revision of Lot 2, Sword Addition The plat revision for Lot 2, of the Sword Addition was presented, making Lots 2R -1 and 2R -2, Sword Addition. These lots will include 1.492 acres and 10.884 acres respectfully. Current zoning is "C -2" with requests for "SF -lA" and "AG" zoning districts. Owner /Applicant is Charles Carlock. The Zoning Administrator, Karen Gandy, was present to answer questions for Council. Motion was made to approve the plat revision as shown, to include the April 9, 1991, staff review letter, deleting #2. Motion: Hall Second: Springer Ayes: Hall, Springer, Evans, Wilhelm Nays: None Approved: 4 -0 vote City Council Minutes April 16, 1991 page nine Council adjourned for recess at 9:25 p.m. Council returned to open session at 9:35 p.m. Councilmember Jerry Farrier returned to Council table. Agenda Item #14 Ordinance No. 480 -42 1st reading S G Pirkey Ordinance No. 480 -42, 1st reading (ZA 91 -13), is a zoning change request for 4.00 acres out of the J.G. Allen Survey, Abstract No. 18, Tracts 5C2, and 5C3. Current zoning is "AG" Agricultural, with a requested zoning of S -P -1 Detailed Site Plan District. The applicant proposed using the property and existing structures for a large animal veterinary clinic. Owner is Carl Williams, and the applicant is Steven G. Pirkey, D.V.M. A presentation was made by Karen Gandy, Zoning Administrator. Steven Pirkey, D.V.M. addressed the Council in regards to the requirement that the driveway be an all weather, non dust surface. Mayor Fickes informed Mr. Pirkey that he would have to bring the structures up to all City Codes and Ordinances, and that a Certificate of Occupancy would not be issued until the project is complete. A representative from Coreyco Engineering Corporation, was present to answer questions in regard to the site plan. Mr. Pirkey stated the large animals will be treated in the existing barn. Councilmember Rick Wilhelm commented that he would like to see that portion of FM 1709 remain a single family area. He also questioned water requirements in that area. The public hearing resulted with no comments. Councilmember Jerry Farrier asked the Fire Chief, Don Wilson, if the driveway as proposed is adequate for this need. Farrier stated he does not care what it is, just so it meets the needs of the city. He would prefer not to have the second driveway. City Council Minutes April 16, 1991 page ten Agenda Item #14, Continued Motion was made to approve Ordinance No. 480 -42, 1st reading, striking the comment on the site plan indicating "all weather dust free surface "; providing they comply with all city codes; allowing only one (1) curb cut; allowing the hammer head as optional. Motion: Hall Second: Farrier Mayor Fickes read the caption of the ordinance. Ayes: Hall, Farrier, Springer, Evans Nays: Wilhelm Approved: 4 -1 vote No. 480 -43 Ordinance No. 480 -43, 1st reading (ZA 91 -14) is a zoning change request for 12.626 acres out of the T.M. Hood Survey, Abstract No. 706, being more commonly known as Block B Lot 2, Ravenaux Village Addition. Current zoning is "SF - 1 " with a request for "CS" Community Service zoning district. The property is located on Ravenaux Drive between Shady Oaks Drive and North White Chapel Blvd. Owner: Wayne Lee. The Zoning Administrator, Karen Gandy, noted that eleven (11) letters were sent to property owners within 200' and she received two (2) phone calls, and no responses by mail. On April 4, 1991, the Planning and Zoning Commission approved this request by a 6 -0 vote. Councilmember Rick Wilhelm expressed concern able to serve as a rehabilitation center under Service zoning district. Wayne Lee 915 Raven Court, Southlake. Mr. answer questions for Council. that they would be the "CS" Commercial Lee was present to Arnold Pent, 4900 Circle Ridge, Fort Worth, explained that the Edwin Louis Cole Ministries is an evangelist who also has a book publishing ministry, and they minister to men. They plan for this building to be from eight (8) to ten (10) thousand square feet at this time. They feel it serves as a good buffer zone to property owners in that area. They have contacted each property owner in the area and have had no opposition. There are no plans to serve as a rehabilitation center at this time. Mayor Pro Tem Springer stated she has the same concerns as Councilmember Wilhelm in regards to the rehabilitation center. Councilmember Ralph Evans stated he feels they should reapply for the S -P- Zoning District, as he feels this is a commercial operation. City Council Minutes April 16, 1991 page eleven Agenda Item #15, continued Mayor Fickes added in order to apply for a Special Permit zoning district, they would have to start over with the zoning process. Motion was made to table Ordinance request of the applicant, time continuation of the public hearing. Motion: Springer Second: Evans Ayes: Springer, Evans, Farrier, Nays: None Approved: 5 -0 vote (to table) No. 480 -43, 1st reading, at the certain, May 6, 1991, for a Hall, Wilhelm Agenda Item #16, Ordinance No. 532, 1st reading. Mechanical Code The City Manager, Curtis Hawk, stated that Ordinance No. 532, adopting the 1991 Edition of the Uniform Mechanical Code, is the latest revision of the Uniform Mechanical Code. Staff recommends that the ordinance be adopted in its entirety, as presented. Motion was made to approve Ordinance No. 532, 1st reading, adopting the 1991 Edition of the Uniform Mechanical Code. Motion: Farrier Second: Hall Mayor Fickes read the caption of Ordinance No. 532 Ayes: Farrier, Hall, Springer, Evans, Wilhelm Nays: None Approved: 5 -0 vote Agenda Item #17, Ordinance No. 533, 1st reading, Plumbing Code The City Manager, Curtis Hawk, explained that Ordinance No. 533, adopting the 1991 Edition of the Uniform Plumbing Code is the most recent edition of the code and recommends that Council consider its approval. Motion was made to approve the 1st reading of Ordinance No. 533, 1991 Edition of the Uniform Plumbing Code. Motion: Wilhelm Second: Farrier Mayor Fickes read the caption of the ordinance. Ayes: Wilhelm, Farrier, Evans, Springer, Hall Nays: None Approved: 5 -0 vote City Council Minutes April 16, 1991 page twelve Agenda Item #18, Ordinance No. 534, 1st reading National Electric Code The City Manager stated that Ordinance No. 534 adopting the National Electrical Code, 1990 Edition is the latest revision to the code and asked that Council consider its approval. Motion was made to approve Ordinance No. 534, 1st reading, 1990 Edition of the National Electric Code. Motion: Hall Second: Farrier Mayor Fickes read the caption of the ordinance. Ayes: Hall, Farrier, Springer, Evans, Wilhelm Nays: None Approved: 5 -0 vote Agenda Item #19, Ordinance No. 531, 1st reading Adm. Departments Ordinance No. 531, appealing Ordinance No. 521, establishment of Administrative Departments, was presented by the City Manager, Curtis E. Hawk. Mr. Hawk stated with this ordinance, we will now be able to create a Finance Department which will incorporate the Municipal Court Clerk's office, thereby giving director -level supervision to all of our financial and accounting operations. A copy of the new Organizational Chart is hereby incorporated into the Minutes of this meeting. Motion was made to approve Ordinance No. 531, 1st reading. Motion: Farrier Second: Wilhelm Mayor Fickes read the caption of the ordinance. Ayes: Farrier, Wilhelm, Springer, Evans, Hall Nays: None Approved: 5 -0 vote Agenda Item #20 Authorization to award bid for FM1709 Water Line Relocation Project Director of Public Works, Michael Barnes, stated on April 10, bids were opened for the FM 1709 Water Line Relocation Project, and he recommends that the City Council accept the low bid at $980,860.60 to Pate Brothers Construction, Inc. A copy of the memorandum from Michael Barnes dated April 12, 1991 is hereby attached to the minutes. City Council Minutes April 16, 1991 page thirteen Agenda Item #20, Continue Motion was made to award the bid for the FM 1709 Water Line Relocation Project to Pate Brothers Construction, Inc. Motion: Springer Second: Evans Ayes: Springer, Evans, Farrier, Hall, Wilhelm Nays: None Approved: 5 -0 vote The Public Works Director, Michael Barnes, explained the Interlocal Agreement between Keller and Southlake is an agreement whereby the City of Keller agrees to allow Southlake to serve approximately 24 customers along FM 1938. A copy of the memorandum dated April 11, from Mike Barnes, is incorporated into the minutes of the meeting. Motion was made to approve the Interlocal Agreement between the City of Keller and City of Southlake as presented. Motion: Farrier Second: Hall Ayes: Farrier, Hall, Evans, Springer, Wilhelm Nays: None Approved: 5 -0 vote Agenda Item #22, Resolution 91 -15, Committee for Thoroughfare Plan Study After discussion, Council members agreed that no action would be taken in regard to Resolution 91 -15. Agenda Item #23, Executive Session Mayor Fickes announced that Council would be going into executive session at this time pursuant to the Open Meetings Act, Article 6252 -17 V.T.A.S. Article 2(e) 2(f) 2(g). Council went to the executive session at 11:45 p.m. Council returned to open session at 12:35 a.m. Agenda Item #24, Action Necessary /Litigation No action was taken in regards to pending or contemplated litigation as the result of the executive session. City Council Minutes April 16, 1991 page fourteen Agenda Item #25, Action Necessary/ Personnel No action was taken on personnel matters or boards and commissions as the result of the executive session. Agenda Item #26, Action Necessary /Land Acquisition No action was taken in regard to land acquisition as the result of the executive session. Agenda Item #27, Meeting Adjourned The meeting was adjourned at 12:40 a.m. Motion: Wilhelm Second: Hall Ayes: Wilhelm, Hall, Springer, Evans, Farrier Nays: None Approved: 5 -0 vote gaey Fickes ayor of Southlake ATTES Sa dra L. LeGrand City Secretary