Loading...
1991-05-07 CITY OF SOUTHLAKE 667 N. Carroll Avenue REGULAR CITY COUNCIL MEETING May 7, 1991 7:30 P.M. COUNCILMEMBERS PRESENT: Mayor, Gary Flckes; Betty Springer, Rick Wilhelm, Sally Hall, Ralph Evans, and, new member, Barry Emerson. COUNCILMEMBER ABSENT: Jerry Farrier CITY STAFF PRESENT: Curtis Hawk, City Manager; Billy Campbell, Director of Public Safety; Michael Barnes, Director of Public Works; Lou Ann Heath, Director of Finance; Don Wilson, Fire Chief; Karen Gandy, Zoning Administrator; Greg Last, City Planner; Eddie Cheatham, City Engineer; Allen Taylor, City Attorney; and, Sandra L. LeGrand, City Secretary. INVOCATION: Councilmember W. Ralph Evans A Work Session was held beginning at 6:00 p.m. where Councilmembers had the opportunity to review the agenda items for tonights meeting. The Regular City Council meeting was called to order at 7:30 p.m., by Mayor Gary Fickes. Fickes noted that Councilmember Jerry Farrier was absent due to a death in the family. Aqenda Item %2, Approval of the Minutes The Minutes of the April approved as amended. Motion: Springer Second: Wilhelm Ayes: Springer, Wilhelm, Nays: None Approved: 5-0 vote 16, 1991, City Council Evans, Hall, Fickes meeting were Agenda Item %3, Mayor's Report Mayor Gary Fickes stated on May 29, at Johnson Elementary School, a public meeting will be held in regard to the Park Master Plan. All interested citizens are urged to attend the meeting which will begin at 7:00 p.m. Mayor Fickes presented Mayor Pro Tem Betty Springer with an appreciation plaque, thanking her for four years of dedicated service to the citizens of Southlake. City Council Minutes May 7, 1991 page two Mrs. Betty Springer stated she has been on the City Council for four years and this is her last night. She wishes the Councilmembers who are here tonight, the best in the years to come. She stated things have gotton better every year, however, this past year has been absolutely the best. Every time a decision has been made, it has been in the best interest of the city. The Oath of Office was administered to Mayor Gary Flckes and Councilmembers Rick Wilhelm, Place i and Barry Emerson, Place 2, by the City Secretary. Mayor Gary Fickes announced that today is Betty Springer's birthday and to celebrate, the audience sang Happy Birthday to ~er. Council recessed to enjoy a Birthday cake in her honor. Councilmember Barry Emerson took his place at the Council table, replacing Betty Springer in Place 2. Aqenda Item 94, City Manaqer's Report Curtis Hawk, City Manager, stated Texas National Bank has offered to the city as a gift, the bank building, for use as a temporary library facility. The Library Committee is still reviewing the offer, and Council will have a recommendation from the Library Committee at the next Council meeting. The bank indicated that they would like to have their offer either rejected or accepted by the 1st of June. Hawk noted during April, 27 building permits were issued, which is an all time high. Also, Hawk referenced past conversations in regard to airplanes out of Goode Airport having to make emergency landings in area. This past week, an emergency landing took place on Hilltop at Randol Mill Road. Everything turned Out all right with no injuries to persons involved. Mr. Hawk noted he has received some forty complaints in regard to the recycling program. Staff is going to attempt to respond to those complaints. Councilmember Sally Hall stated that on April 22, she attended the Tarrant County Mayor's Council meeting with Mayor Flckes. The allocation of health service funds was discussed and voted on, in regard to Clinic Facilities in Northeast Tarrant County. The action was defeated by one vote, however, possibly they will come back with another resolution in the near future. The percentage of use from Southlake citizens in this program is 2%. City Council Minutes May 7, 1991 page three Agenda Item #5, Consent Aqenda Mayor Fickes read the statement from the agenda in regard to Consent Agenda items and asked for approval of the consent agenda. A. Trophy Club MUD Contract. Motion was made to approve the consent agenda item as listed above. Motion: Hall Second: Evans Ayes: Hall, Wilhelm, Evans, Emerson, Flckes Nays: None Approved: 5-0 vote Agenda Item. 6-A, Public Comments Pete Sporrer 1214 Woodsey Court, Southlake. Mr. Sporrer expressed concerns in regards to the Southlake Police Department. He would like for Southlake to be less progressive in regards to police harassments. He asked what can be done to make the number of complaints go down? Aqenda Item #6-B, Public Appearance Jim Giffin, 3002 Briar Lane, Southleke. Mr. Giffin representative for Southlake Park Services, Inc., stated he has been asked by the shareholders of Southlake Park Services, Inc. to inform the Council on the feelings, and background of the water district. Mayor Ftckes suggested that the group of citizens on the private water system meet with Council in a work session to discuss this issue further. Mr. Giffin stated they wanted Council to be aware of their position stating that Southlake Services, Inc. has been incorporated since March 4, 1958 with continuous service. They only sell water to shareholders. They received notice from the State that there was oDposition to the renewal of the CCN and there would be a public hearing. He stated they made reasonable attempts to meet with the City to work out the situation. On April 18, 1991, they met with the Public Utility Commission in Austin in public hearing. This resulted with the City preparing a draft review of the proceedings which was to be presented to them by this date. They did receive a draft prior to this Council meeting. The findings include: a) they intend to service shareholders in full compliance. b) they must obtain a Certificate of Convenience and Necessity (CCN). c) they will not expand beyond their service area. City Council Meeting May 7, 1991 page four Aqenda Item #6-B A petition was presented to Mayor Fickes during this meeting, which requested the City Council to direct the City Staff to withdraw their opposition to the State Water Commission's Decertification for the area serviced by Southlake Park Services, Inc. The petition included names of 53 property owners, which represents 100% of the owners. Mayor Fickes added there are certain rights and things the City Council must do to protect the city water system. He suggested they settle the differences here and not in Austin. Mr. Giffin stated they are also in favor of settling the differences here and not in Austin. Paxton Vaught, 3400 Southlake Park Road, Southlake. Mr. Vaught is president of the system. He is in favor of what Mr. Giffin said. All the property owners present stated they agree with Glffin. Including: Jerry L. Livezey, Joan Vaught, Carol Livezey, Charlene Lower, Carol Farmer, David Farmer, Mrs. R. Giffin, Charlie Skupin, Richard Reissler, Elizabeth Residdler, Ronald Coakley, Bill Low, Arthur Mitchell, Roger Parker, Anne Coakley, JoAnn Scamardo, and, Llnda Smith. It was noted that the date for the next has been set for June 18, 1991. Public Hearing in Austin Aqenda Item #6-C, Public Appearance: Dr. Mark Andrews Dr. Mark Andrews, Argyle, Texas. Dr. Andrews, a veterinarian who serves this area a long with Denton County, stated that he and other veterinarians are concerned over "rabies". He has gotten together a program for treatment of rabies, and purchased large doses of the rabies vaccine, therefore, the cost went down and they are prepared to contribute the difference to a fund of the City Council's choice. Their "Clinic on wheels" can go everywhere, and they are prepared to offer a reduced price. Some of the areas they have serviced include: Denton, Sanger, Hickory Creek, Trophy Club, to name a few. Mayor Fickes referenced the other veterinarian clinics in town. City Council Minutes May 7, 1991 page five Aqenda Item #7-A, Ordinance No. 480-40, 2nd readinq (ZA 91-10) Ordinance No. 480-40, 2nd reading, 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, was discussed. Karen Gandy, Zoning Administrator, stated the current zoning is "C-2" Commercial with a request for "AG" Agricultural zoning district. The property is located North of Sword's Grocery Store on Randol Mill Avenue. The owner/applicant is Charles Carlock. Ms. Gandy noted that eleven notices were sent to property owners within 200' with responses from Monica Haverkamp in favor, and Joy Clark opposed. The Planning and Zoning Commission recommended approval on April 4, 1991, and the City Council approved the first reading on April 16, 1991. Public Heafinq Robert Downard, 1255 Randol Mill Avenue, Southlake. Mr. Downard stated he opposes the zoning requested. To the east is industrial, to the west Keller Master Plan shows commercial. To the north of Mrs. Clark is a mobile home. Neither is going to go away and we need all the commercial we can get. Randol Mill is going to be widened, that means it will be a north/south freeway type road. He asked that Council deny the request for residential zoning. Public hearing closed. Councilmember Rick Wilhelm stated it is important that commercial zoning be in the proper place. His view is that the property be residential. The Lemke tract is there and was when the area was annexed. He does not feel Commercial-2 is appropriate for this spot. He is in favor of the application. Motion was made to approve the 2nd reading of Ordinance No. Motion: Wilhelm Second: Evans 480-40. Mayor Fickes read the caption of the ordinance. Ayes: Wilhelm, Evans, Nays: None Approved: 5-0 vote Hall, Emerson, Fickes City Council Minutes May 7, 1991 page six Aqenda Item #7-B, Ordinance No. 480-41~ 2nd readinq (ZA 91-11). Ordinance No. 480-41, 2nd reading, is 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. This lot is located on the east side of Randol Mill Avenue at Florence Road. Current zoning is "C-2" Commercial-2 with a request for "SF-1A" Zoning District. Owner/applicant is Charles Carlock. Zoning Administrator, Karen Gandy commented in regard to the notices sent to property owners being the same as in Agenda item #7-A. The public hearing resulted with no comments. Motion was Made to approve Ordinance No. 480-41, 2nd reading. Motion: Wilhelm Second: Hall Mayor Fickes read the caption of the ordinance. Ayes: Wilhelm, Hall, Nays: None Approved: 5-0 vote Emerson, Evans, Fickes Aqenda Item #7-C, Ordinance No. 480-42, 2nd readinq (ZA 91-13) Karen Gandy, Zoning Administrator, informed the City Councll that the applicant, Dr. Steven G. Pirkey, asked that this item be tabled, time certain May 21, 1991. Motion was made to table Ordinance No. 480-42, 2nd reading, time certain, May 21, 1991, and continue the public hearing, at the request of the applicant. Motion: Hall Second: Emerson Ayes: Hall, Emerson, Wilhelm, Nays: None Approved: 5-0 vote (to table) Evans, Fickes Aqenda Item #7-D, Ordinance No. 532, 2nd readinq Uniform Mechanical Code The City Manager, Curtis Hawk asked Council to consider the adoption of the 1991 Edition of the Uniform Mechanical Code. There were no comments during the public hearing. City Council Minutes May 7, 1991 page seven Agenda Item #7-D, Continued Motion was made to approve Ordinance No. 532, 2nd reading, the 1991 Edition of the Uniform Mechanical Code. Motion: Evans Second: Wilhelm adopting Mayor Flckes read the caption of the ordinance Ayes: Evans, Wilhelm, Nays: None Approved: 5-0 vote Emerson, Hall, Fickes Agenda Item #7-E, Ordinance No. 533, 2nd readinq Plumbinq Code The City M~.nager, Curtis Hawk was prepared to answer questions for Council in regard to Adop%ing the 1991 Edition of the Uniform Plumbing Code. Motion was made to approve the 2nd reading of Ordinance No. Adopting the 1991 Edition of the Uniform Plumbing Code. Motion: Emerson Second: Hall 533, Mayor Fickes read the caption of the Ordinance Ayes: Emerson, Hall, Nays: None Approved: 5-0 vote Wilhelm, Evans, Fickes Agenda Item #7-F, Ordinance No. 534, 2nd readinq, National Electric Code Ordinance No. 534, 2nd reading, adopting the National Electrical Code, 1990 Edition with local amendments, was considered by Council. The public hearing resulted with no comments from the audience. Motion was made to approve Ordinance No. Motion: Evans Second: Wilhelm 534, 2nd reading. Mayor Fickes read the caption of the ordinance. Ayes: Evans, Wilhelm, Nays: None Approved: 5-0 vote Emerson, Hall, Fickes City Council Minutes May 7, 1991 page eight Aqenda Item #7-G, Ordinance No. 531, 2nd readinq. Administrative Departments The City Manager, Curtis E. Hawk, stated the purpose of this ordinance is to create a Department of Finance. It will for the first time create director level supervision for our financial operations and accounting procedures. It is a major step for the city, and the level of experience and expertise in the department speaks well for the financial control. The public hearing resulted with no comments. Motion was made to approve Ordinance No. 531, repealing No. 521, establishment of Administrative Departments. Motion: Emerson Second: Evans Ordinance Mayor Fickes read the caption of the ordinance Ayes: Emerson, Evans, Wilhelm, Nays: None Approved: 5-0 vote Hall, Fickes Aqenda Item #8-A~ Ordinance No. 480-43, 1st readinq (ZA 91-14) Ordinance No. 480-43, 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-I" with a request for S-P-2 Generalized Site Plan zoning district. Owner of the property is K. Wayne Lee. Karen Gandy, Zoning Administrator noted that the original request was for "CS" Community Service zoning district, however, Council had concerns that the property could serve as a rehabilitation center under tha~ zoning district. Council felt that the owners should reapply for the S-P-2 Zoning District. Gandy added, the Planning and Zoning Commission recommended approval on April 4, 1991, and City Council recommended a site plan requirement on April 16, 1991. A summary dated April 25, 1991 was sent to property owners within 200'. Councilmember Rick Wilhelm asked for staff comments in regard to the road going through the addition, and also water and fire hydrants. City Attorney, E. Allen Taylor reminded Council that if they wish to vote on this zoning, they are not waiving any rights to change the construction plans. City Council Minutes May 7, 1991 page nine Aqenda Item #8-A, Continued Wayne Lee, owner of the property, stated when he first built this addition, he had planned on single family residences. Instead, the church built, and now the seven (7) residences in Ravenaux Place have all stated they do not want the roadway to go through. Lee added when State Highway 114 is widened, the church will have highway frontage. Councilmember Wilhelm stated he cannot see one building with ten to twelve thousand square feet on twelve acres. Paul Cole, 4404 Shady Creek Lane, Colleyville. Mr. Cole replied, buildings do not use property, people do. He added, they minister to men during the week and hold seminars on the weekends. The property bging restricted is not a problem to them. Cole stated this is the property they'were looking for, with a campus type feel. This is a tax exempt organization. Counctlmember Wilhelm asked Mr. Cole if the intent is to use the center for visiting or spending the night. Cole answered, "no". Public Hearing: Pete Sparrer, 1214 Woodsey Court, Southlake. Mr. Sparrer had questions in regard to the flea market traffic in that area. If Ravenaux is developed, he would like to see a traffic light at Ravenaux Drive. Betty Springer, 1024 Mission, Southlake. Mrs. Springer expressed concerns about access should Ravenaux Drive be blocked. Also approval of this would take the entire 12.6 acres off the tax roll. Arnold Pent, 4900 Circle Ridge Drive, Fort Worth. Mr. Pent stated they would like approval of this zoning request, leaving the road in place. Mayor Fickes stated that the city can require the developer to put the road in now. Five years from now, if the city says we need the road in, the church members may say it is not fair--- it is fair. Wayne Lee stated he also feels in regards to the Mayor's comments, it will be fair. City Council Minutes May 7, 1991 page ten Agenda Item #8-A, Continued Councllmember Wilhelm commented that he is having the most concern with the road. The change is that there are only have two uses on twenty-four acres, and does the city need the road for access. What happens if at some point and time the city needs a road there? The City Manager stated the city can assess pave it. The plat shows a road going through, and the city is not abandoning the plat. Wilhelm asked if the city can access a religious organization? The City Attorney, answered "yes". Motion was made to approve 1st reading on Ordinance No. 480-43, with the site plan as shown, subject to the letter dated April 25, 1991, with the following modifications: that there be no up link or down link exterior antennas; or exterior satelite dishes; that there be no exterior antenna system above that which is allowed in the ordinances; that the p~rmitted uses in 8.2(e) with respect to institutions and rehabilitation centers be deleted; that the site have no lodging facilities for over night dwelling purposes. Motion: Wilhelm Second: Evans Mayor Flckes read the caption of the ordinance Ayes: Wilhelm, Evans, Emerson, Nays: None Approved: 5-0 vote Hall, Fickes Council adjourned to recess at 9:20 p.m. Council returned to open session at 9:30 p.m. Agenda Item #8-B, Ordinance No. 480-44, 1st reading (ZA 91-15) Ordinance No. 480-44, 1st reading, is a zoning change request for 4.026 acres out of the W.R. Eaves Survey, Abstract No. 500, Tract 3, 3C, and 3C1. Current zoning is "AG" Agricultural, with a request for "C-2" Commercial-2 Zoning District. Owner/applicant is Conner Lam. Karen Gandy, Zoning Administrator, informed Council that six (6) notices were sent to property owners within 200' and she received one (1) response from Mr. Greenwood, opposing the request due to the additional traffic next to the new high school. On April 18, 1991, the Planning and Zoning Commission recommended approval. Aloha Payne, P&Z member opposed the request due to the wide variety of uses that are available in the requested zoning category. City Council Minutes May 7, 1991 page eleven Aqenda Item # 8-B, Continued Councllmember Sally Hall stated she feels that the requested zoning is too intense for the area, with young drivers, a lot of buses and traffic. She questioned the differences between this tract of land and one that was turned down a few months ago, on the corner of West Continental Blvd. and South White Chapel Blvd., requested by E-Systems. Councilmember Wilhelm stated he sees and E-Systems as being the traffic. to happen it would be on FM 1709. the difference in this tract If there were something going Public Hearing: Judy Gilmore, 2819 North Kimball Avenue, Grapevine. Mrs. Gilmore commented as a school board member and as a mother who will soon have a high school student. It is a drawing card and to easy for students to go to. She realizes the city needs commercial but she opposes this zoning so close to the school. Dennis McGraff, 2403 North Carroll Avenue, Southlake. Mr. McGraff asked Council to vote against the request, at this time the owner does not have a buyer. By zoning this property C-2, it will have a domino affect where is the stopping point. He realizes if beer is going to be sold in a convenience store, the applicant will have to come in for a special use permit. Greg Jones, 1365 Cross Timber Drive, Southlake. Mr. Jones stated his thoughts mirror those of Mrs. Hall's. Is it possible that a vender could come in and sell alcoholic beverages? Is it possible to permanently restrict this property from selling alcoholic beverages? Mayor Fickes stated the school never asked Council questions in regards to the location of a new high school. One of the biggest concerns with this tradt was that it would probably be developed commercial. There is a number of things that City Council could do. Judy Gilmore stated this was all being taken into consideration when the property was purchased for the school. The School Board understood that Arvida property was going to be a grocery store. They do not want to create a place for the kids to gather. Fred Joyce, 455 Randol Mill Road, Southlake. Joyce stated he was in on the negotiations of the purchase of this property. He feels they tried to tell the school there may be alcoholic beverages on the corners. This was discussed in detail with the school board and they stated they would not oppose any commercial zoning. City Council Minutes May 7, 1991 page twelve Aqenda Item #8-B, Continued John Gianforte, 3150 Pennisula Court, Southlake. Mr. Gianforte echoed the concerns of Sally Hall and Judy Gilmore. He stated never did the school board say they would not oppose zoning on the adjacent property. Why can't that corner be used for an office complex. He does have a concern about a convenience store. Betty Springer, 1024 Mission, Southlake. Mrs. Springer stated if she were a high school student, the last place she would buy her beer is across from the high school. There is only so much office that will be built in Southlake. Buddy Luce, 1850 Hunter's Creek, Southlake. Mr. Luce stated that he wants the record clear as far as the school board is concerned. The School Board members present are here on there own. The city is taxed with the burden Of how the city is going to grow. He feels people are Jumping to conclusions on what will be on that property. Office-1 is not going to go on FM 1709. It is not unusual for a convenience store to locate near a high school. Conner Lam, 1280 Post Oak Trail, Southlake. Mr. Lam stated he purchased the property in 1984 (7 years ago). He bought it before the red light, and before the master plan. He thinks a good job was done as all four (4) corners are shown to be commercial, low to medium intensity. He referenced the school site being purchased in secrecy. He stated one of Mrs. Hall's major concerns in traffic. He questioned the football stadium being placed on Peytonvllle Avenue. Also for the student parking lot, with the buffer yard being removed, so close to the intersection. If it were that big of a problem, steps could have been taken at the time of planning for the school. Mr. Lam stated he is not applying for 7-11 zoning, or for Diamond Shamrock zoning. He is applying for zoning at this time, because of the fact that the property to the north is being planned for residential zoning. He wants his zoning in place, so that when the property owners move into the property to the north, they will know ahead of time the four (4) acres is already zoned commercial. Councilmember Hall commented that traffic and safety are major issues. Peytonville is scheduled for a 84' right-of-way. Why did she vote to approve the site plan? The city cannot vote against a school site. She stated there are eighty-two (82) possibilities in the zoning ordinance, what is wrong with dropping just one (1) use? A convenience store is what she wants to drop from the commercial-2 zoning district. City Council Minutes May 7, 1991 page thirteen Agenda Item #8-B, Continued Councilmember Barry Emerson stated a convenience store seems to be the biggest concern. He feels how a child turns out, starts at home. Having a convenience store across from a high school does not make kids bad. Would we even be talking about this corner if the school were not on the other corner. Motion was made to approve Motion: Emerson Second: Evans 1st reading of Ordinance No. 480-44. Mayor Fickes read the caption of the ordinance. Ayes: Emerson, Evans, Wilhelm, Nays: Hall Approved: 4-1 vote Ftckes Agenda Item #8-C, ZA 91-16, Plat Revision/ Grace Estates ZA 91-16, a plat revision for Block 7, Lots 4R and 5, Grace Estates, was presented. The properties are zoned SF-1A. Owners are Michael J. O'Brien and Frank and Peggy Cardinal. A presentation was made by Greg Last, City Planner, who referenced the January 15, 1991 City Council meeting where this item was presented as a discussion item. A copy of the memorandum from Mr. Last is hereby attached to the minutes. Seven notices were sent to property owners within 200' with no responses. On April 18, 1991, the Planning and Zoning Commission recommended approval, subject to the summary letter dated April 4, 1991. Peggy Cardinal, 3400 Hillside Drive, Southlake. Mrs. Cardinal stated this lot has shares on the Southlake Services Inc. water system. She asked for a 35' building line, with a 30' access easement. It was determined the City could test their private fire hydrants with their consent. Allen Taylor, City Attorney, stated due to the provisions in the Subdivision Enabling Act and the Zoning Enabling Act, City Council has the right to vary the requirements. The Board of Adjustments will act on the front yard setbacks as per the zoning ordinance. Mrs. Cardinal stated if they can do away with the 50' right of way then they will be happy. The public hearing resulted with no comments. City Council Minutes May 7, 1991 page fourteen Aqenda Item #8-C, Continued Motion was made to approve ZA 91-16, subject to April 30, 1991 summary letter, provided that #2 Motion: Wilhelm Second: Evans Ayes: Wilhelm, Evans, Emerson, Hall, Fickes Nays: None Approved 5-0 vote compliance with the be excluded. Aqenda Item #8-E, ZA 91-18, Preliminary Plat/David C. Hardy The preliminary plat shows 15.3 acres out of the Francis Throop Survey, Abstract No. 1511, being located in the 1900 block of East Highland Street. This development proposed fourteen (14) one-acre lots, to be known as Stanhopes Addition. The owner is David C. Hardy, trustee; the applicant is Landes and Associates. Karen Gandy, Zoning Administrator, noted that a portion of this plat is effected by the 65 Ldn. Thirteen (13) letters were sent to property owners within 200'. Three (3) responses were received in regard to drainage: Harold Knight, Joe Moore and G.W. Hargadine. On April 18, 1991, P&Z recommended approval by 5-0 vote. It was determined that drainage is the most important issue. Coy Landes, president of Landes and Associates, was present to answer questions for Council. The property is zoned for one acre lots. The client intends to develop the property into a beautiful addition. There is a drainage problem in the area, and they have addressed the concerns of the city staff. Mayor Fickes stated if staff has any doubt in their mind that the 18' pipe is not going to handle the water, it needs to be changed. Councilmember Hall suggested the developer place ditches in back and between the lots. Greg Last explained why they did not require easements between the lots. Justin Landes, Engineering Consultant for the project stated they have done the preliminary drainage study and all the city comments have been met. They are to acquire the off-site drainage easements. The ditch on Joe Moore's property will be designed to hold the water. Harold Knight, 1749 East Highland, Southlake. Mr. Knight stated the water has been over the road and it does cause Joe Moore a big problem. He likes the area like it is, but he knows we will have growth. From his point of view, if there will be a subdivision in this area, he would want this one. City Council Minutes May 7, 1991 page fifteen Aqenda Item #8-E, continued Linda Carter, 1961 East Highland, Southlake. She agreed with Mr. Knight, but is also concerned with the drainage. Joe Moore, 1911 East Highland, Southlake. Mr. Moore is strongly opposed to the preliminary plat. The developer has a good reputation but he is concerned about the drainage problems it will cause on his property. If they are gong to bring a box culvert across the street, he would like them to continue the culvert along his property. He is concerned about liability and safety issues. He is concerned about his neighbor's children as well as his own. He requests this request be denied until the developer can work this problem out with his neighbors and himself. Coy Landes stated it is the intent of the developer, David Hardy, to work with Joe Moore. Justin Landes stated they will contain the water on the north side of Highland. Motion was made to approve ZA 91-18, subject summary dated April 30, 1991. Motion: Wilhelm Second: Evans Ayes: Wilhelm, Evans, Emerson, Hall, Fickes Nays: None Approved: 5-0 vote to the plat review Aqenda Item #8-D, ZA 91-17, Revised Concept Plan for SouthView, Phase I The Revised Concept Plan for SouthView, Phase 1, requesting that the entry way median on Southcrest Lane be lengthened and that a second median be added. The owner/developer is Dlxtor International, Inc. Greg Last, City Planner, made the presentation referencing the May 1, 1991 review letter. John Levitt, Levitt Engineers, was present representing the developer. Levitt stated that as some of Council is aware, there have been numerous meetings between the developer and the post office, with the developer doing all the giving. No one ever invisloned two curb cuts on Southcrest Lane. They have a total of 72 lots. With the market what it is, the developer decided to upgrade the entry of the subdivision. The post office has not been receptive to any of their suggestion. They feel the city is putting commercial traffic into a residential subdivision. City Council Minutes May 7, 1991 page sixteen Aqenda Item #8-D, Continued Levitt added, they have asked for this item to be on the agenda, in an effort to obtain approval of the revised concept plan. Mayor Fickes added, this item has been discussed and discussed. The post office is being stubborn and they will not change their plan. The Mayor noted the city has spent so much time, trying to get a post office into Southlake. We are one of the largest cities in the State that does not have a post office. This action would delay Southlake getting a post office by at least five (5) years. Betty Springer, 1024 Mission Drive, Southlake. Mrs. Springer is asking Council careful consideration on this plan, so that it would not negate the five plus years of hard work by the City, Chamber of Commerce,Southlake Economic Development Council, and many citizens. 'A local post office is important from an identity and convenience standpoint for the citizens. She hopes that Council does not make a decision that would eliminate this possibility. She stated she is sure everyone is aware the substation is no longer in the American Bank of Commerce building. She hopes the decision is one that will allow the two curb cuts. Councilmember Wilhelm asked Springer, if she is sure that with the median approval, the post office will actually put in a post office. She indicated that she is sure. It was noted this time. the post office has not submitted the site plan at Motion was made to deny the revised concept Phase 1. Motion: Wilhelm Second: Emerson Ayes: Wilhelm, Emerson, Evans, Hall, Fickes Nays: None Approved: 5-0 vote plan for SouthView, Aqenda Item #8-F, ZA 91-19, Site Plan approval for a Buildinq permit Motion was made to building permit for requested by the applicant. Motion: Evans Second: Emerson Ayes: Evans, Emerson, Hall, Wilhelm, Nays: None Approved: 5-0 vote table the request for site plan approval for a Block C, Lot 1, North Davis Business Park, as Fickes City Council Minutes May 7, 1991 page seventeen Aqenda Item #9-A, Resolution No. 91-19, Mayor Pro Tem Mayor Gary Fickes asked Council to give consideration to his recommendation of Rick Wilhelm for the position of Mayor Pro Tem. Motion was made to approve Resolution Wilhelm to the Office of Mayor Pro Tem, Motion: Hall Second: Evans Ayes: Hall, Evans, Wilhelm, Emerson, Nays: None Approved: 5-0 vote No. 91-19, appointing Rick for a one year term. Flckes Aqenda Item #9-B~ Resolution No. 91-20, Deputy Mayor Pro Tem Mayor Fickes recommended ~ally Hall for the position of Deputy Mayor Pro Tem. The position of Deputy Mayor Pro Tem is being created for the purpose of assisting the Mayor and Mayor Pro Tem in their absences. Motion was made to approve Resolution Hall as Deputy Mayor Pro Tem. Motion: Wilhelm Second: Emerson Ayes: Wilhelm, Emerson, Evans, Hall, Nays: None Approved: 5-0 vote No. 91-20, appointing Sally Flckes Aqenda Item #9-C, Resolution No. 91-21, City Health Officer Resolution No. 91-21, appointing a City Health Officer considered by Council. was Motion was made to reappoint Dr. John Ansohn as the City Health officer and Southlake Medical Clinic as the Health Authority, for a two year term. Motion: Hall Second: Evans Ayes: Hall, Evans, Emerson, Wilhelm, Fickes Nays: None Approved: 5-0 vote The City Manager reported that Dr. Ansohn is not with us tonight as he is in the U.S. Army Reserve, serving in the Persian Gulf, due to return soon. City Council Minutes May 7, 1991 page eighteen Aqenda Item #9-D, Resolution No. 91-18~ Callinq Runoff Election Resolution No. 91-18, Calling a Runoff Election for May 25, 1991, was considered by the City Council. Mayor Fickes stated the runoff election would be necessary for Place 6, as neither candidate received a majority of the votes in the May 4, 1991 General Election. Motion was made to approve Resolution No. 91-18, Calling a Runoff Election. Motion: Evans Second: Hall Ayes: Evans, Hall, Emerson, Wilhelm, Fickes Nays: None Approved: 5-0 vote Aqenda Item #9-E, Resolutfon No. 91-24, in Opposition of House Bill 1930 and Senate Bill 1450 Mayor Pro Tem Rick Wilhelm stepped down for this agenda item stating a partner of his law firm represents the potential purchaser of the Circle T Ranch, therefore, he feels that a vote on this matter would be improper and could create a potential conflict of interest. The City Manager, Curtis Hawk, explained that the bill was apparently drafted to impact the City of Westlake only, he is concerned about any bill which erodes the municipal annexation powers. Greg Jones, commented in regards to Resolution No. 91-24. Motion was made to approve Resolution and Senate Bill 1450 as presented. Motion: Hall Second: Emerson Ayes: Hall, Emerson, Evans, Fickes Nays: None Approved: 4-0 vote No. 91-24, House Bill 1930 Mayor Pro Tem Wilhelm returned to Council table. Aqenda Item #10-A, Schedulinq Ballfields at Bicentennial Park Janet Murphy, Chairperson of the Park and Recreation Board addressed Council in regard to the board's recommendation for the ball association to schedule ballfields during season. A copy of the memorandum from Ms. Murphy to Council is hereby attached to the minutes of the meeting. City Council Minutes May 7, 1991 page nineteen Aqenda Item #10-A, Continued Motion was made to accept the recommendation of Recreation Board as stated, for the 1991 ball season. Motion: Hall Second: Emerson Ayes: Hall, Emerson, Wilhelm, Evans, Flckes Nays: None Approved: 5-0 vote the Park and Aqenda Item #10-B, Contract with Tina Harvey for Day Camp/Bicentennial Park Park and Recreation Board Chairperson, Janet Murphy, was present to answer questions for Council in regard to the request of Tina Harvey to contract with the. City for the use of Bicentennial Park, for two, one week day camps. Curtis Hawk addressed the liability issue in regard to the day camp being held on city property. Motion was made to approve a City sponsored summer Bicentennial Park. Motion: Wilhelm Second: Evans Ayes: Wilhelm, Evans, Emerson, Hall, Fickes Nays: None Approved: 5-0 vote program in Aqenda Item #11-A, Budqet Update Lou Ann Heath, Director of Finance, addressed Council and provided a Mid-Year Review of the 1990-91 Annual Budget. City Manager, Curtis Hawk, suggested Council look through the material and come back to staff with any questions they may have in regard to the Mid-Year Review of the 1990-91 Annual Budget. Aqenda Item #ii-B, #ii-C, #ii-D, #ii-E, Discussion Items The discussion items Ordinance No. 480-D, Drainage issues, Sign Ordinance, and Airport Zoning Ordinance, were not discussed during this meeting, due to the late hour. Aqenda Item #12, 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 into executive session at 12:50 a.m. City Council Minutes May 7, 1991 page twenty Council returned to open session at 1:35 a.m. Aqenda Item #13-A~ Action Necessary/Littqation No action was necessary as the result of the executive session in regard to pending or contemplated litigation. Aqenda Item #13-B, Action Necessary/Personnel Matters No action was necessary as the result of the executive sesslon in regard to personnel matters. Aqenda Item #13-C, Action Necessary/Land Acquisition No action was necessary as the result of the executive session in regard to l~nd acquisition.' Aqenda Item #14-A, Resolution No.91-13t Appt. to P&Z No action was taken on this item. Aqenda Item #14-B~ Resolution No. 91-14, Appt. to Parks Board Resolution No. 91-14, Appointment to the Park and Recreation Board was approved, naming Rod Johnson, as a member of the board, to fill the unexpired term of Richard Lantz. Motion: Wilhelm Second: Evans Ayes: Wilhelm, Evans, Emerson, Hall, Fickes Nays: None Approved: 5-0 vote Aqenda Item #14-C, Resolution No. 91-22, Appt. to B of A No action was taken on this item. Aqenda Item #14-Dr Resolution No. 91-23~ Appt. to COG Resolution No. 91-23, appointing Mayor Gary Ftckes as a voting member of the North Central Texas Council of Governments (COG) was approved. Motion: Hall Second: Emerson Ayes: Hall, Emerson, Wilhelm, Evans, Flckes Nays: None Approved: 5-0 vote City Council Minutes May 7, 1991 page twenty-one Aqenda Item 915, Adjournment Motion was made to adjourn the meeting at 1:35 a.m. Motion: Emerson Second: Wilhelm Ayes: Emerson, Wilhelm, Hall, Evans, Fickes Nays: None Approved: 5- vote ATTEST: /S~fldra L. L~Gr-and City Secretary CITY OF SOUTHLAKE 667 N. Carroll Avenue SPECIAL CITY COUNCIL MEETING May 7, 1991 7:00 p.m. COUNCILMEMBERS PRESENT: Mayor, Gary Fickes; Mayor Pro Tem, Betty Springer. Members: Sally Hall, Rick Wilhelm, Ralph Evans. COUNCILMEMBERS ABSENT: Councilmember Jerry Farrier CITY STAFF PRESENT: Curtis E. Hawk, City Manager; Billy Campbell, Director of Public Safety; Lou Ann Heath, Director of Finance; Michael Barnes, Director of Public Works; Karen Gandy, Zoning Administrator; Greg Last, City Planner; E. Allen Taylor, City Attorney; and, Sandra L. LeGrand, City Secretary Mayor Fickes called the meeting to order and explained the purpose of the meeting is for the Official Canvass of the returns of the May 4, 1991, General Election. Agenda Item #2, Resolution 91 -17, Canvassing the Returns and Declaring Results of the General Election held on May 4, 1991 Mayor Fickes read Resolution 91 -17, canvassing the returns and declaring the results of the General Election held on May 4, 1991, and stated that a runoff election will be held for Councilmember Place 6, between Michael J. O'Brien and Robert Dowdy. The runoff election is scheduled for May 25, 1991 with the date of absentee voting scheduled for May 13 to May 21, 1991 between the hours of 8:00 a.m. to 5:00 p.m. daily. Motion was made to approve Resolution 91 -17, naming Gary Fickes as Mayor; Rick Wilhelm, Councilmember Place 1; Barry Emerson, Councilmember Place 2; and, Brad Bradley, Judge of Municipal Court. Motion: Springer Second: Hall Ayes: Springer, Hall, Wilhelm, Evans, Fickes. Nays: None Approved: 5 -0 vote The Special City Council was adjourned by Mayor Fickes. 1 ayor Gar F kes AT EST: / L o po nu We 1 . i i' " " /L� ��� ���� ' andra L. LeGrand � .... F City Secretary . P( ts ',�pl� it l! H *��t��``•