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1991-09-03 CITY OF SOUTHLAKE 667 N. Carroll Avenue REGULAR CITY COUNCIL MEETING September 3, 1991 7:30 p.m. MINUTES COUNCILMEMBERS PRESENT: Mayor Gary Flckes; Mayor Wilhelm; Deputy Mayor Pro Tem Sally Hall. Members: Barry Emerson, Jerry Farrier, and W. Ralph Evans. Pro Tem Rick Mike O'Brien, CITY STAFF PRESENT: Curtis E. Hawk, City Manager; Billy Campbell, Director of Public Safety; Mike Barnes, Director of Public Works; Lou Ann Heath, Director of Finance; Don Wilson, Fire Chief; Greg Last, City Planner; Karen Gandy, Zoning Administrator; Eddie Cheatham, City Engineer; E. Allen Taylor Jr., 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. to discuss the agenda items for tonight's meeting. Mayor Gary Fickes called the meeting to order at 7:30 p.m., and informed the audience that beginning October 1, the City Council meeting will begin at 7:00 p.m., and the first item on the agenda will be the executive session. Hopefully, the regular agenda items will begin at 7:30 p.m. as usual. He and Councllmembers feel by making this change, our City Attorney can leave the meeting earlier, therefore saving the City funds for legal fees. Agenda Item #1-Ad Executive Session The executive session will be held later in the meeting. Agenda Item #2~ Approval of Minutes Motion was made to approve the Minutes of the Regular City Council meeting of August 20, 1991 Motion: Emerson Second: Farrier Ayes: Emerson, Farrier, O'Brien, Hall, Wilhelm, Evans, Fickes Nays: None Approved: 7-0 vote Motion was made to approve the Minutes of the Special City Council meeting held on August 27, 1991. Motion: Emerson Second: Farrier Ayes: Emerson, Farrier, Hall, Wilhelm, Fickes Nays: None Abstention: Evans and O'Brien Approved: 5-0-2 City Council Minutes September 3, 1991 page two Aqenda Item #3~ Mayor's Report Mayor Fickes noted the next meeting of the Community Road Improvements Task Force will be held on September 10, 1991, beginning at 7:00 p.m. Those interested in attending are welcome to do so. The Mayor also noted a delegation from Southlake will be leaving on September 12, for Toyoma Japan, in conjunction with the Sister City Program. They are scheduled to return on September 20, 1991. Mayor Fickes and Councilmember Barry Emerson will be making the trip. Agenda Item #4, City Manager's Report Curtis H~wk, City Manager'commented in regard to the State Highway Department plans for improvements to F.M. 1709. The project is scheduled to go to bid in July, 1992. If the right-of-way easements are in place, the project is scheduled to begin in the latter part of 1992. Agenda Item #5, Consent Aqenda The consent agenda, consisting of item #5-A as follows: Interlocal Agreement with City of Grapevine for Parra Linda Estate Drainage Project. Motion was made to approve agenda item #5-A as presented. Motion: Emerson Second: Evans Ayes: Emerson, Evans, Hall, O'Brien, Wilhelm, Farrier, Nays: None Approved: 7-0 vote Flckes Aqenda Item #6, Public Forum The public forum resulted with no co~unents from the audience. Agenda Item #7-A, Ordinance No. 480-56, 2nd readinq (ZA 91-42) Ordinance No. 480-56, is a zoning change request for 10.02 acres out of the B.J. Foster Survey, Abstract No. 519, Tracts lB1, lB2, and lB3. Current zoning is "AG" Agricultural, with a request for "RE" Residential Estates zoning district. Owner: Robert S. Pollard, M.D. City Council Minutes September 3, 1991 page three Agenda Item #7-A~ Continued Karen Gandy, Zoning Administrator stated twelve (12) notices were sent to property owners within 200' and to date, she has not received any responses. On August 8, the Planning and Zoning Commission recommended approval by a 7-0 vote. On August 20, 1991, the City Council approved the first reading of Ordinance No. 480-56 by a 6-0-1 vote. John Levitt, Levitt Engineers, 726 Commerce, Southlake. Levitt was present representing the owner of the property. The public hearing resulted with no comments from the audience. Motion was made to approve Ordinance No. Motion: Wilhelm Second: Hall 480-56, 2nd reading. Mayor Fickes read the caption of Ordinance No. 480-56. Ayes: Wilhelm, Hall, Nays: None Abstention: Farrier Approved: 6-0-1 O'Brien, Emerson, Evans, FIckes Agenda Item #7-B-C Budget and Tax Levy Ordinances Mayor Fickes announced the Budget and Tax Levy Ordinances will be considered at 9:00 p.m. as advertised. Agenda Item #8-A, Ordinance No. 480-57~ 1st readinq (ZA 91-47) Ordinance No. 480-57 is a zoning change request'and concept plan for a 2.136 acre tract of land out of the W.R. Eaves Survey, Abstract No. 500, Tract 2C. Current zoning is "AG" Agricultural, with a request for "C-2" Commercial-2 zoning district. Owner/Applicant is Bruce C. and Neta M. Erickson. Karen Gandy Zoning Ad~lnistrator presented ZA 91-47, stating the Land Use Plan shows this property to be mixed use. She stated ten (10) notices were sent to property owners within 200' and she has received no written responses. On August 22, 1991, the Planning and Zoning Commission recommended approval of this request subject to the August 16, summary letter, by a 6-1 vote. The Concept plan presented is only for the proposed Lot 1. Lot 2 will have to come back for concept plan approval before a building permit will be issued. City Council Minutes September 3, 1991 page four Aqenda Item #8-A~ Continued Councilmember Jerry Farrier expressed he would like the developer to limit the concrete allowing for more vegetation. Harry Stevens, 3548 Ravenhorn Trail, Plano, an engineer working with the applicant was present to answer questions for Council. Public Hearing: Bruce Erickson, property owner, stated he has been a tax payer in Southlake for over ten (10) years. He appreciates the concern for safety on the corner, however, he feels they are not being treated fairly, every time they turn a corner, there is a snag] Mrs. R.G. Brown, property owner within 200'. property has been in the Wilson family since 1893. want the fence that is being proposed to be built. She stated this She does not Public hearing closed. Mayor Pro Tem Rick Wilhelm referenced that years ago a task force was formed and determined that the City should not have convenience stores and gas station on all four (4) corners of an intersection. Councilmember Farrier stated that approval of this site plan gives the developer approval to dispose of the trees. Councilmember Sally Hall stated she feels the city is in need of a tree ordinance which would control these kinds of things. Mayor Fickes suggested the owners and engineers come back for 2nd reading of the ordinance with a plan which will preserve some of the trees. The City is asking for consideration of the trees. Councilmember Jerry Farrier stated for the record that he is not opposed to a service station on that corner, he feels it is the appropriate use of the corner. He thinks the overall plan is a good one, he would Just like to see modifications to the plan to include preservation of the trees. Drainage in that area is also a big concern. Greg Last noted there are some preliminary plans for drainage, and they will continue to work on this drainage issue. City Council Minutes September 3, 1991 page five Agenda Item #8-A~ Continued Motion was made to approve Ordinance No. 480-57 and the concept plan subject to the staff review summary dated August 30, 1991 and subject to the access easement stub to the east along with consideration given to the vegetation. Motion: Emerson Second: Evans Mayor Fickes read the caption of the ordinance. Ayes: Emerson, Evans, Nays: Wilhelm Approved~ 6-1 vote Hall, O'Brien, Farrier, Fickes Mayor Pro Tem Wilhelm commented he is concerned about the zoning on the entire tract being zoned "C-2". Agenda Item #8-B~ Resolution No. 91-42~ Specific Use Permit/Beer Resolution No. 91-42, is a request for Specific Use Permit for the sale of beer for off-premises consumption only. The 1.1160 acre tract of land is out of the W.R. Eaves Survey, Abstract No. 500, being the southern portion of Tract 2C. Current zoning is "AG" Agricultural, with a request for "C-2" Commercial-2 zoning district. Owners are Bruce and Neta Erickson, and the applicant is Hady Aghili dba Southlake Food Mart. Mrs. Gandy, Zoning Administrator, noted the Planning and Zoning Commission recommended approval of the request subject to the August 16, 1991, staff summary letter except for #8, in regards to the fence on the east of the property. City Planner, Greg Last, addressed the review summary letter, stating there is a timing problem with the State Highway Department improvements to FM 1709. Last reviewed the problem with drainage and the need for box culverts. He stated the developers want to talk with Council in regard to an escrow fund for the repairs. Harry Stevens, engineer, stated they would like to work with City staff and at the same time try to keep costs down. Mr. Aghili agreed to a culvert and an 8" water line and guard rail. They asked for consideration, and not to get to involved in the bar ditch issue. It was determined that the alternatives are to escrow the money or delay the project until the F.M. 1709 improvements are in place. Hady Aghili, applicant, stated he believes they have dedicated enough land for right-of-way to cover their costs. City Council Minutes September 3, 1991 page six Agenda Item #8-B~ Continued Mayor Fickes noted that the improvements to F.M. 1709 will be a long way off, this problem has to be addressed. He asked City staff to come up with some hard costs for the improvements. Charles Broadaway, 600 Bentwood Lane, Southlake. Mr. Broadaway referenced beer sales to minors, and the influence on the community from the sale of beer. He stated there is no reason to approve this permit for beer. Mayor Pro Tem Wilhelm stated Council has to protect the future of the City. He is concerned with water and drainage in that area. Councilme..mber Emerson stated he cannot vote for something and go against what City st~ff recommends, in regards to a drainage problem. Greg Last suggested the applicant present cost estimates for staff review and be prepared to present them at the next Council meeting. Wilhelm asked the applicant to seek other methods to solve the problem and present them to the next City Council meeting. City Engineer, Eddie Cheatham stressed that in the next one to two years, there is still a potential for flooding, until the culvert is complete. Bruce Erickson, stated he can see the need for Who will pay the costs of the improvements? from them. improvements there. Everyone will benefit Motion was made to table Resolution No. 91-42 until september 17, City Council meeting. It was noted the applicant agreed to tabling this item. Motion: Wilhelm Second: Evans Ayes: Wilhelm, Evans, Farrier, Nays: None Approved: 7-0 vote (to table) O'Brien, Hall, Emerson, Fickes Council adjourned for recess at 9:10 p.m. Council returned to open session at 9:25 p.m. City Council Minutes September 3, 1991 page seven Agenda Item #7-B~ Ordinance No. 541~ 2nd reading. FY 91-92 Budqet The City Manager, Curtis Hawk stated Ordinance No. 541 is an ordinance which would approve the FY 91~92 Annual Budget and the revised Budget for FY 90-91. The Budget being considered is based upon a tax rate of $.4550 per $100. valuation. Hawk gave an overview of changes from the original proposed budget. $.31985 is for operation and maintenance and $.13515 is for debt service. He added the proposed budget has been reduced $132,000. from the original submission. In January, 1992, Staff will come back to City Council for consideration of the impact fees and water and sewer system. Public Hearinq E.A. Decker, 207 Inverness, Trophy Club. Mr. Decker spoke in behalf of the Roanoke Animal Shelter, presented a plan and a budget. Mayor Fickes referenced a "committee" that will be put together to keep abreast of the shelter and activities of the shelter. He offered to serve on that co~unittee. Marilyn Hye, a Citizen of Southlake and volunteer of the shelter was present in support of the shelter, asking City Council's support in order to keep the shelter open. Charlie Broadaway, 600 Bentwood, Southlake. He stated there are two groups of people in Southlake, the residents and the profiteers. He feels the Park is getting more than its share of the budget. He requested that Council try and keep the taxes down. Councilmember Mike O'Brten stated he does not think this is a "frivolous" budget, but it is not a bare bones budget. He feels Council should not increase taxes at all. Councilmember Jerry Farrier stated he feels Council is sending a false signal to the citizens by the l[ tax increase because of reduction in funding of services. Councilmember Barry Emerson complimented Staff for working through this budget. There has been less effort spent by City Councilmembers because of the competent staff. He concurs with Councilmember Farrier that we are somewhat lying to the citizens by only proposing a 1[ tax increase. He feels over the next couple of years the city will pay for it, by having larger tax increases. Mayor Fickes stated there are a number of things in the budget that he was concerned with, he wanted to spend the same amount this year, as last year, but he recognizes the importance of creating a reserve fund for things to come, such as, curb and gutter on F.M. 1709. City Council Minutes September 3, 1991 page eight Agenda Item #7-Bt Continued Motion was made to approve Ordinance No. Motion: Wilhelm Second: Evans 541, 2nd reading. Mayor Fickes read the caption of the ordinance. Ayes: Wilhelm, Evans, Farrier, Nays: O'Brien Approved: 6-1 vote Emerson, Hall, Fickes Agenda Item #7-Ct Ordinance No. 542t 2nd reading Tax Levy The City.Manager, Curtis Hawk recommended that Ordinance No. 542 setting the tax rate fo~ FY 91-92 at $.4550 per $100.00 valuation. Maintenance and operation at $.31985 and debt service at $.13515. The public hearing resulted with no comments from the audience. Motion was made to setting tax rate at Motion: Emerson Second: Farrier approve 2nd reading of Ordinance No. 542, $.4550 per $100. valuation. Mayor Fickes read the caption of the ordinance. Ayes: Emerson, Farrier, Nays: None Approved: 7-0 vote Evans, O'Brien, Hall, Wilhelm, Fickes Agenda Item #8-C, Ordinance No. 480-58t 1st reading (ZA 91-51) Ordinance No. 480-58, is a zoning change request for a 0.439 acre tract of land out of the C.M. Throop Survey, Abstract No. 1510, Tract 7A4B3. Current zoning is "AG" Agricultural, with a request for "I-l" Light Industrial zoning district. Owner/Applicant is Jim and Beth Futch. Karen Gandy, Zoning Administrator, noted that the applicants had a mobile home on the property when the property was annexed into the City. On August 22, 1991, the Planning and Zoning Commission recommended denial of the request by a 7-0 vote and suggested the applicant apply for an S-P-1 zoning district. A 3/4 vote of the City Council will be necessary in order to overturn the denial of the Planning and Zoning Commission. City Council Minutes September 3, 1991 page nine Agenda Item #8-C~ Continued Steve Wilson, Century 21 Lewis and Associates, was present, representing the owners, Jim and Beth Futch. It was established the property was purchased in 1982. A lengthy discussion was held in regard to the mixed zoning is that area, including industrial, residential, and co~mercial. Mayor Fickes suggested a meeting be held of all the property owners to discuss: dedication of right of way to the city for roads; a general clean up of the area; and a decision as to what the area will eventually become and a payment by landowners for pavement of streets to city standards. Motion Was made to table Ordinance No. 480-58, 1st reading, time certain December 3, 1991, as agreed upon by the applicants. Motion: Wilhelm Second: O'Brien Ayes: Wilhelm, O'Brien, Hall, Evans, Farrier, Emerson, Fickes Nays: None Approved: 7-0 vote (to table) Mayor Gary Fickes and Councilmember Barry Emerson stepped down for Agenda Item #9-A, regarding Resolution No. 91-41. Agenda Item #9-A~ Resolution No. 91-41~ Paying Agent/Registrar Agreement in regard to C.O's~ Series 1991 Resolution No. 91-41, approving and authorizing the execution of a "Paying Agent/Registrar Agreement" in relation to the "City of Southlake, Texas, Certificate of Obligation, Series, 1991" and resolving other matters incident and related thereto, was approved as presented. Motion: Evans Second: Hall Ayes: Evans, Hall, O'Brien, Farrier, Wilhelm. Nays: None Approved: 5-0 vote Mayor Fickes and Councilmember Emerson returned to City Council table. Agenda Item #10-A~ Award of bid for Drainage Improvements Director of Public Works, Michael Barnes, acquainted Council with the results of the bid opening for the drainage improvements for Mission Hills and Continental Park Estates, noting that Jeske Construction Company was low bidder with a bid price of $16,131. for Continental Park Estates and $14,601.50 for Mission Hills. A copy of the Memorandum from Barnes dated August 29, 1991 is hereby incorporated into the minutes of the meeting. City Council Minutes September 3, 1991 page ten Agenda Item #10-A~ Continued Motion was made to award a bid Hills and Continental Park Director of Public Works. Motion: O'Brien Second: Hall Ayes: O'Brien, Hall, Wilhelm, Nays: None Approved: 7-0 vote for drainage improvements in Mission Subdivisions as recommended by the Emerson, Farrier, Evans, Fickes Agenda Item #10-B~ Agreement with UTA to Conduct SH 114 Corridor Study The City Manager, Curtis Hawk introduced an agreement between the City of Southlake and ~TA Arlington, for a State Highway 114 Corridor Study. A copy of the information provided is hereby incorporated into the minutes of the meeting. Motion was made to approve the Southlake and UTA Arlington, for a total cost of $11,050.00., with $4,000. Motion: O'Brien Second: Farrier Ayes: O'Brien, Farrier, Nays: None Approved: 7-0 vote agreement between the City of SH 114 Corridor Study for a the City portion of which being Evans, Hall, Emerson, Wilhelm, Fickes Agenda Item #ll-At Discussion: Siqn Ordinance The City Manager, Curtis Hawk, noted that Eddie Wilson, Code Enforcement Officer is present to answer questions for Council in regard to the revised Sign Ordinance. The discussion included: bill boards; balloon signs; garage sale signs, and flags. It was determined that the revised sign ordinance will go back to the Planning and Zoning Commission on September 19, 1991. Staff is to draft a section on bill boards prior to that meeting. Consideration will be given on the revised sign ordinance during the first meeting in October. Agenda Item #i-B~ Executive Session Mayor Gary Fickes hereby advised the audience that Council would be going into executive session pursuant to Sections 2(e) 2(f) 2(g) of the Open Meetings Act, to seek the advise of our City Attorney with respect to pending and contemplated litigations, to discuss the purchase, exchange, lease or sale of real property, and to conside the appointment and evaluation of public officials. Council left for executive session at 11:30 p.m. City Council Minutes September 3, 1991 page eleven Agenda Item #i-B~ Continued Council returned to open session at 12:25 a.m. Aqenda Item #1-Cd Action Necessary on items discussed in Executive Session No action was taken during the executive session in regard to pending or contemplated litigation, purchase, exchange, lease or sale of real property, or appointment and evaluation of public officials. Agenda Item #12, Adjournment The City Council meeting was adjourned at 12:25 a.m. Motion: "Hall Second: Emerson Ayes: Hall, Emerson, O'Brien, Wilhelm, Farrier, Evans, Fickes Nays: None Approved: 7-0 vote ATTEST: Sa~dra L. LeGrand city Secretary