Loading...
1991-05-21CITY OF SOUTHLAKE 667 N. Carroll Avenue REGULAR CITY COUNCIL MEETING May 21, 1991 7:30 p.m. COUNCILMEMBERS PRESENT: Mayor, Gary Fickes; Mayor Pro Tem Rick Wilhelm; Deputy Mayor Pro Tem Sally Hall. Members: W. Ralph Evans, Jerry Farrier, and Barry Emerson. 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; Karen Gandy, Zoning Administrator; Greg Last, City Planner; Eddie Cheatham, City Engineer; E. Allen Taylor Jr., City Attorney; and, Sandra L. LeGrand, City Secretary. INVOCATION: Councilmember W. Ralph Evans. A Work Session was called to order at 6:30 p.m. where Councilmembers and staff present reviewed the agenda items for tonight's meeting. The Regular City Council meeting was called to order at 7:30 p.m. by Mayor Gary Fickes. Agenda Item #2, Approval of the Minutes The Minutes of the Special City Council meeting (Official Canvass of Election) held on May 7, 1991, were approved as presented. Motion: Evans Second: Emerson Ayes: Evans, Hall, Wilhelm, Fickes Nays: None Abstention: Farrier and Emerson Approved: 4 -0 -2 The Minutes of the Regular City Council meeting held on May 7, 1991, were approved as presented. Motion: Evans Second: Hall Ayes: Evans, Hall, Emerson, Wilhelm, Fickes Nays: None Abstention: Farrier Approved: 5 -0 -1 Agenda Item #3, Mayor's Report Mayor Fickes reminded those present that the Runoff Election will be held on Saturday, May 25, 1991, from 7:00 a.m, to 7:00 p.m. The Official Canvass of that election will be held on May 29, 1991, beginning at 6:00 p.m. A Council Work Session will be held on May 28, 1991, where Councilmembers will hold interviews for places on the Board of Adjustments and the Planning and Zoning Commission. City Council Minutes May 21, 1991 page two Agenda Item #3, Continued There will be a public hearing in regard to the Park Master Plan on May 29, 1991, beginning at 7:00 p.m. at Johnson Elementary School, for those who wish to attend. Information was received this afternoon in regards to the "Westlake Bill" which is currently going through legislation. Last Council meeting, a Resolution was approved, which opposes House Bill 1930 and Senate Bill 1450, which if approved would deprive residents adjacent to disannexed tracts the right of protection for zoning provisions they previously enjoyed in towns and cities without recourse. The bill was put together by trustees of Hunt Ranch so they could disannex the Hunt Ranch from the City of Westlake. Mayor Fickes asked the City' Manager to send a letter in opposition to this bill and stated he would add the names of Councilmembers to the letter, if they so wish. Councilmember Sally Hall commented in regards to the recycling program, stating the response is more than expected. Mayor Fickes stated he received a "Friendship Plaque" from the Mayor of Toyoma, Japan, adding, that the final arrangements should be in place by fall for the City Sister Program between Toyoma and Southlake. A delegation from Toyoma are to visit Southlake in August and approximately twelve (12) representatives from Southlake will visit Toyoma in September, 1991. Agenda Item #4, City Manger's Report Curtis Hawk stated there has been a lot of discussion of late, in regard to the status of the FM 1709 Street Widening Project. He spoke with the State Highway Department last week and it is not yet determined how far behind we are on the project. We will continue to get the problems resolved and shoot for an April, 1992 completion date. The departmental reports are in the packets and staff is present to answer questions for Council. Lou Ann Heath, Finance Director, was present to bring Council and the audience up to date on the,collection of revenues to date. She stated we are half way through the year and have collected seventy -five (75) percent of the revenue projected. City Council Minutes May 21, 1991 page three Agenda Item #5 -A, Consent Agenda The Consent agenda consisted of agenda Item #5 -A: A. Resolution No. 91 -25, appointment of two Reserve Police Officers, pursuant to Ordinance No. 523 of the City of Southlake. Motion was made to approve the consent agenda as presented. Motion: Wilhelm Second: Hall Ayes: Wilhelm, Hall, Evans, Farrier, Emerson, Fickes Nays: None Approved: 6 -0 vote Judge of Municipal Court, Brad Bradley stated that Teen Court is a volunteer program which allows juvenile misdemeanor offenders to assume responsibility for their own actions by involvement in the judicial process and community services in order that their offenses will not be recorded. Bringing juvenile offenders to a jury of their peers and to the community for constructive remedy will provide them with an understanding of the judicial system and a realization of their roles in the community. The community will benefit from this interaction as well. All interactions with juvenile offenders will be handled with respect, dignity, courtesy, confidentiality, and in a professional manner. Judge Bradley informed Council that the City of Fort Worth and City of Arlington have successful programs. Christina Katlin, was present and explained the experience she has had with Teen Court in Breckenridge, Texas. She stated it is a city with a population of 5,500, with one high school. They had forty defendants, plus five referrals and over one hundred teen volunteers. She added, the program started with a $500. donation from the Kwanis Club. Judge Bradley stated he hopes to get all the players in place over the summer and be ready at the beginning of the school year. Dr. Griffin, Superintendent of Schools for C.I.S.D. is in favor of the program and will select a person to work with Judge Bradley. Brad Bradley reported on his three ( 3 ) day trip to Toyoma, Japan, stating he visited all the schools, businesses, factories, and various Chamber of Commerce meetings. He enjoyed the hospitality and will look forward to a return trip in September. He invited anyone who would like to attend the first meeting of the Sister City Program, on May 22, 1991, at 6:30 p.m., in the Metroport Office, SH 114 at T.W. King Blvd. Southlake will be sending from eight (8) to twelve (12) people to Toyoma in September. City Council Meeting May 21, 1991 page four Agenda Item #7 -A, Ordinance No. 480 -42, 2nd reading (ZA 91 -13) Ordinance No. 480 -42, 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 request for S -P -1 Detailed Site Plan District. The applicant proposes using the property and existing structures for a large animal veterinarian clinic. Owner is Carl Williams and the applicant is Steven G. Pirkey, D.V.M. This is a public hearing. Karen Gandy, Zoning Administrator, stated the owner has requested that the item be tabled, time certain, June 4, 1991. Motion was made to table Ordinance No. 480 -42, 1st reading, time certain, June 4, 1991, and continue the public hearing at the request of - the applicant. Motion: Emerson Second: Farrier Ayes: Emerson, Farrier, Evans, Hall, Wilhelm, Fickes Nays: None Approved: 6 -0 vote (to table) Agenda Item #7 -B Ordinance No. 480 -43, 2nd reading (ZA 91 -14) Ordinance No. 480 -43, 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, is currently zoned "SF -1" with a request for S -P -2 Generalized Site Plan zoning district. The property is located on Ravenaux Drive between Shady Oaks Drive and North White Chapel Blvd. The owner is K. Wayne Lee. Karen Gandy, Zoning Administrator, noted eleven (11) notices were sent to property owners within 200 feet and she received no responses at this time. On April 4, 1991, the Planning and Zoning Commission recommend approval for "CS" Community Service zoning district and on May 7, 1991, the City Council recommended the zoning request be changed to S -P -2 Generalized Site Plan. Ordinance No. 480 -43, was approved in 1st reading with the conditions in the staff review letter dated April 25, 1991. Wayne Lee had no comments. The public hearing resulted with no comments from the audience. City Council Minutes May 21, 1991 page five Agenda Item #7 -B, Continued Motion was made to approve the 2nd reading of Ordinance No. 480 -43 with the following revisions: site plan as shown, subject to the letter dated April 25, 1991, with the following modifications: there be no up link or down link exterior antennas; or exterior satellite dishes; there be no exterior antenna system above that which is allowed in the ordinances; the permitted uses in 8.2 (e) with respect to institutions and rehabilitation centers be deleted; the site have no lodging facilities for over night dwelling purposes. Motion: Wilhelm Second: Evans Mayor Pro Tem Wilhelm commented in regard to the road dedication, stating in,fact, there may be some time before a road will go through to the Ravenaux Addition. With approval of this zoning action, the city is not giving up their right to request that the road be put through. He also suggested the city write a letter to the church informing them of this. Mayor Fickes read the caption of Ordinance No. 480 -43. Ayes: Wilhelm, Evans, Farrier, Emerson, Hall, Fickes Nays: None Approved: 6 -0 vote Agenda Item #7 -C Ordinance No. 480 -44, 2nd reading (ZA 91 -15) Ordinance No. 480 -44, is a zoning change request for 4.026 acres out of the W.R. Eaves Survey, Abstract No. 500, Tracts 3, 3C, and 3C1. Current zoning is "AG" Agricultural, with a request for "C -2" Commercial -2 Zoning District. Location is the southwest corner of South Peytonville Avenue and FM 1709. Owner /applicant is Conner Lam. The Zoning Administrator, Karen Gandy, noted that six (6) letters were sent to property owners within 200' and to date, she received one (1) response. Mr. Greenwood opposed the request due to the new high school in the area and the increase in traffic commercial zoning would bring. On April 18, the Planning and Zoning Commission recommended approval by a 4 -1 vote and on May 7, 1991, the City Council approved the lst reading by a vote of 4 -1. Mayor Fickes referenced a meeting in which the School Board met with City Council to discuss this issue. Several issues were discussed including the sale of alcoholic beverages, explicit material being sold and available to students and video arcades. City Council Minutes May 21, 1991 page six Agenda Item #7 -C, Continued Mayor Fickes stated City Council felt that through the use of changes to ordinances, it would help solve the situation. He feels strongly that the sale of alcoholic beverages in that area only belongs in grocery stores. Public Hearing: Cheryl Gielow, 1417 Whispering Dell, Southlake. Mrs. Gielow commented that the high volume of business which go in that zoning category, traffic is an issue. She feels that type of zoning on that location will provide a place for loitering. She alleged that the tendency is for City Council to vote in favor of developers. She asked that Council put the children in front of the dollars in this instance. Gielow stated that petitions are being circulated at this time against this zoning action, without restrictions. Mayor Fickes stated the school has a responsibility and there is a lot they can do to help solve the problem. There is a traffic problem there anyway with the stadium and school. City Council has to recognize the rights of the property owner. Cathy Turner, 1027 East Continental Blvd., Southlake. Mrs. Turner stated she has been working with youth for about five (5) years. She has worked in the drug and alcoholic abuse programs. Shop lifting is also a problem. The Southlake Police officers work hard to have a good relationship with students and she wants to keep it that way. Maureen Doggett, 1416 Whispering Court, Southlake. Mrs. Doggett presented a petition from property owners requesting that the zoning be denied or approved with restrictions. Robert Downard, 1255 Randol Mill Road, Southlake. Mr. Downard stated he is amazed to find that convenience stores are such dens of iniquity. The city has a problem when 55% of the kids have a bar at home. He is a mailman and delivers a lot of Playboy magazines to homes with children. City Council should note what is in the cars at the school parking lot. Pete Sporrer, 1214 Woodsey Court, Southlake. Mr. Sporrer referenced the procedures in Houston when he attended high school, in regards to students going to establishments during and after school. Public hearing closed. City Council Minutes May 21, 1991 page seven Agenda Item #7 -C, continued Councilmember Sally Hall stated she appreciates the comments which were received . She explained that the concerns of the Mayor have to do with fairness to the property owner. She fees it would be unfair to place restrictions on only Mr. Lam and not on the other corners because of the ease of serving the property across from the schools property. She wishes that Mr. Lam would have asked for reclassification when he did with his other properties. Mayor Pro Tem Wilhelm stated he feels that any developer on that tract of land would need to be in the good graces of the school system. He suggested Mr. Lam not count on having an alcoholic beverage permit on that property. Councilmember Barry Emerson stated he appreciates everything that was said tonight. He took 'an oath only two weeks ago and in doing that, you have to apply a strong since of fairness. He appreciates the efforts of Mrs. Hall to try and come up with a compromise. He referenced his comments of last meeting, as training of children starts at home. Councilmember Ralph Evans stated we are very sensitive about the property. We have to be concerned about the school and what goes on around it, but he feels 11 C -2" Commercial -2 is fair. However, he would oppose a request for alcoholic beverages on that corner. Councilmember Jerry Farrier added, having not been at the last City Council meeting, he did not get all the details. It appears a convenience store would be classified as an attractive nuisance. If the property were a park, an office, or a parking lot, it could still be abused. He agrees with the citizens who spoke, the kids are a major concern, and they are not always in a position to make only the right choices. He also stated he would not support a permit for alcoholic beverages. He feels City Council should be consistant with their decisions. Mayor Fickes stated he would like staff to talk with the City Attorney about the issues that were previously discussed, such as, sale of alcoholic beverages, explicit materials being sold and available to students, and video arcades. We need them addressed for this and other property. Councilmember Hall stated she will vote "no ", but feels it is not fair to have restrictions on only this corner. She feels no other beer permit should be issued in this area. City Council Minutes May 21, 1991 page eight Agenda Item #7 -C, Continued Motion was made to approve Ordinance No. 480 -44, 2nd reading. Motion: Emerson Second: Evans Mayor Fickes read the caption of the ordinance. Ayes: Emerson, Evans, Farrier, Wilhelm, Fickes Nays: Hall Approved: 5 -1 vote Agenda Item #8 -A, Ordinance No. 480 -45, 1st reading (ZA 91 -22) Ordinance No. 480 -45, a zoning change request for 1.0 acre out of the Littleberry G. Hall Survey, Abstract No. 686, Tract 2F and T.M. Hood Survey, Abstract No: 706, Tract 9D, current zoning is Agricultural, with a request for "SF -lA" Single Family Residential zoning. Owner is James L. Vorhis. The Zoning Administrator, Karen Gandy, noted that seven (7) notices were sent to property owners within 200' with no responses as of this time. The public hearing resulted with no comments from the audience. Motion was made to approve the 1st reading of Ordinance No. 480 -45. Motion: Wilhelm Second: Emerson Mayor Fickes read the caption of the ordinance. Ayes: Wilhelm, Emerson, Farrier, Evans, Hall, Fickes Nays: None Approved: 6 -0 vote A Plat Showing for Lot 1, Littleberry G. Hall No. 686 Addition, containing 0.992 acres of land. Owner of the property is James L. Vorhis. After discussion, motion was made to approve ZA 91 -23, contingent upon the 2nd review letter from City Staff, dated May 14, 1991. Motion: Wilhelm Second: Evans Ayes: Wilhelm, Evans, Farrier, Emerson, Hall, Fickes Nays: None Approved: 6 -0 vote City Council Minutes May 21, 1991 page nine Agenda Item #8 -C, ZA 91 -19, Site Plan approval for Building Permit ZA 91 -19. a request for Site Plan approval for a building permit. The property is zoned "I -1 ", Light Industrial. Southeast corner of Davis Blvd. and Greenbriar Drive, being legally described as Block C, Lot 1, North Davis Business Park. Owner is Clarence Kidd, and the applicant is Ron Jenkins, dba Allied International Tile and Floor Covering. Mrs. Gandy noted that the owner and applicant have asked that this item be tabled, time certain, June 4, 1991. Motion was made to table ZA 91 -19, at the request of the owner and applicant, time certain, June 4, 1991. Motion: Emerson Second: Evans Ayes: Emerson, Evans, Farrier, Wilhelm, Hall, Fickes Nays: None Approved: 6 -0 vote Agenda Item #8 -D ZA 91 -27 Final plat of Stone Lakes, Phase I. ZA 91 -27, is 74.3379 acres of land out of the John Bailey Survey, Abstract No. 97, and R.J. Paden Survey, Abstract No. 1255. Current zoning is PUD (Planned Unit Development, Residential Uses) . The Developer proposed 154 residential lots with two common areas. owner /Applicant is Southlake Properties Joint Venture. The second staff review letter dated May 14, 1991 was discussed. A traffic light on FM 1709 at the entrance to the addition was discussed. Councilmember Sally Hall suggested that a second entrance from the addition be provided. It was determined that the second entrance should align off of West Southlake Blvd., across from the entrance to SouthRidge Lakes Addition. Mayor Pro Tem Wilhelm asked for cooperation from the developer for some of the costs to continue the roadway to the south to Southlake Hills Addition. He added, he was going to talk to staff in regard to adding this item to the Developers Agreement. Greg Last, City Planner commented in regard to problems existing with street names being so similar. Phil Jobe, Developer, asked to have the plat tabled until the June 4, 1991, City Council meeting. Motion was made to table the Final plat of Stone Lakes, Phase 1, until the June 4, 1991 City Council meeting. Motion: Farrier Second: Hall Ayes: Farrier, Hall, Evans, Emerson, Wilhelm, Fickes Nays: None Approved: 6 -0 vote (to table) City Council Minutes May 21, 1991 page ten Agenda Item #8 -E, Revised Preliminary Plat of SouthRidge Lakes Addn. ZA 91 -07, the revised Preliminary Plat of SouthRidge Lakes Addition was tabled at the request of the developer until June 4, 1991. Motion: Wilhelm Second: Emerson Ayes: Wilhelm, Emerson, Farrier, Evans, Hall, Fickes Nays: None Approved: 6 -0 vote (to table) Agenda Item #8 -F, Ordinance No. 530, Animal Control Ordinance No. 530, repealing Ordinance No. 254 and No. 354, in regard to Animal Control was considered in 1st reading. Director of Public Safety, Billy Campbell, reviewed the ordinance for Council. Council suggested several changes to the ordinance which are to be corrected prior to the second reading. (Omitting the section on tags; licensing section; adding rabie tags). Motion was made to approve the 1st reading of Ordinance No. 530, with changes as discussed. Motion: Emerson Second: Farrier Mayor Fickes read the caption of the ordinance. Ayes: Emerson, Farrier, Evans, Wilhelm, Hall, Fickes Nays: None Approved: 6 -0 vote Agenda Item #9, No items for this agenda Agenda Item #10 -A, Report by Southlake Library Committee Mayor Fickes and Councilmember Emerson stepped down for this agenda item, naming conflict of interest as they are affiliated with Texas National Bank. Karen Apple, Chairperson of the Southlake Library Committee outlined three phases that will help make a public library in Southlake a reality. Phase I is the Interlocal Agreement with City of Grapevine that helps build a collection of books and allows Southlake residents to continue using the Grapevine library for free. Southlake residents also have borrowing privileges at the City of Keller and City of Roanoke libraries with no fees. City Council Minutes May 21, 1991 page eleven Agenda Item #10 -A, Continued Phase II will establish a temporary library in an existing building with a time frame of 1993 to 1997, while Phase III will be the establishment of full library services and a facility between 1997 and 1998. Curtis Hawk, City Manager, commended Mrs. Apple and members of the committee for the time which they spent on this very worthwhile project. Mayor Pro Tem Wilhelm thanked the library committee for the very detailed and very thoughtful report. He stated there are two issues before Council at this time: 1) whether or not to accept the report of the library committee and 2) whether or not to agree to enter into an Interlocal Agreement with City of Grapevine. Motion was made to accept the report presented by members of the Southlake Library Committee. Motion: Evans Second: Hall Ayes: Evans, Hall, Farrier, Wilhelm Nays: None Approved: 4 -0 vote Mayor Fickes and Councilmember Barry Emerson returned to the Council table. The Interlocal Agreement with the City of Southlake and City of Grapevine was discussed. Under the Interlocal Agreement, all books purchased by Grapevine will remain the property of the City of Southlake. The agreement also insures that Grapevine will purchase a balanced collection to include one -third children's books, one -third adult nonfiction and one -third adult books. The $10,000 will be matched by community fund - raising efforts. The Friends of the Southlake Library have already raised $7,000 due to fund - raising efforts from the Southlake Chamber of Commerce and Southlake Women's Club. Motion was made to approve the Interlocal Agreement with the City of Grapevine for Library Services, at a funding level of $10,000 through this fiscal year. Motion: Wilhelm Second: Evans Ayes: Wilhelm, Evans, Hall, Farrier, Emerson, Fickes Nays: None Approved: 6 -0 vote City Council Minutes May 21, 1991 page twelve Agenda Item #10 -C, Amendment to Oak Hills Developers Agreement The engineer for Oak Hills Addition, Mr. Dick Perkins, came before Council at the request of Jim Harris, Developer, who asked that he offer to pay the city to complete the tennis court and jogging trail in that addition, siting problems with subcontractors as the reason for their inability to complete the project as agreed upon in the original Developers Agreement. Mayor Fickes informed Mr. Perkins that this is not the city's problem and they need to complete Phase 1 of the project as agreed upon. He indicated that the City would look at the whole picture when they get to Phase 2. Motion was made that the original Developers Agreement for Phase I stand as is. Motion: Farrier Second: Evans Ayes: Farrier, Evans, Hall, Wilhelm, Emerson, Fickes Nays: None Approved: 6 -0 vote Agenda Item #11 -A, Discussion, Ordinance No. 480 -D The Zoning Administrator, Karen Gandy explained the proposed changes to Ordinance No. 480 -D. Gandy was instructed to bring Ordinance No. 480 -D, back to Council for 1st reading on June 4, 1991. Agenda Item #il -B, Discussion, Sign Ordinance Mayor Fickes instructed the Director of Public Works, Michael Barnes to bring back modifications to the sign ordinance at the June 4, 1991, City Council Meeting. Agenda Item #12, Executive Session Mayor Fickes announced that Council would be going into executive session at 12:40 a.m., pursuant to the Open Meetings Act, Article 6252 -17 V.T.A.S. Section 2(e) 2(f) 2(g). Council returned to Open Session at 1:25 a.m. Agenda Item #13 -A, Action Necessary /Litigation No action was taken as the result of the executive session in regard to pending or contemplated litigation. City Council Minutes May 21, 1991 page thirteen Agenda Item #13 -B, Action Necessary /Personnel Matters No action was taken as the result of the executive session in regards to appointment and employment of public officials. Agenda Item #13 -C, Action Necessary /Land Acquisition No action was taken as the result of the executive session in regards to land acquisition. Agenda Item #14 -A, Resolution No. 91 -28, Appointment /Conet No action was taken in regard to Resolution No. 91 -28, appointment to C.O.N.E.T. Agenda Item #15, Adjournment Motion was made to adjourn the meeting at 1:30 a.m. Motion: Emerson Second: Wilhelm Ayes: Emerson, Wilhelm, Hall, Farrier, Evans, Fickes Nays: None Approved: 6 -0 vote Magor Gary Pick )& ATTEST: ai4j, i S ",/ andra L. LeGrand City Secretary