1991-09-17 CITY OF SOUTHLAKE
667 N. Carroll Avenue
REGULAR CITY COUNCIL MEETING
September 17, 1991 7:30 p.m.
MINUTES
COUNCILMEMBERS PRESENT:
Pro Tem Sally Hall.
Jerry Farrier.
Mayor Pro Tem Rick Wilhelm; Deputy Mayor
Members: W. Ralph Evans, Mike O'Brien and
COUNCILMEMBERS ABSENT: Mayor Gary Fickes and Councilmember 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; Don Wilson, Deputy
Director of Public Safety, Fire Services; Karen Gandy, Zoning
Administrator; Greg Last, City Planner; Eddie Cheatham, City
Engineer;"E. Allen Tayldr 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 Pro Tem Rick Wilhelm 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
Councilmembers feel by making this change, our City Attorney can
leave the meeting earlier, therefore saving the City funds for
legal fees.
Agenda Item #l-At Executive Session
The executive session will be held later in the meeting.
Aqenda Item #2, Approval of the Minutes
The Minutes of the Regular City Council meeting of September 3,
1991, were approved as amended in work session.
Motion: Farrier
Second: Evans
Ayes: Farrier, Evans, O'Brien, Hall, Wilhelm
Nays: None
Approved: 5-0 vote
Agenda Item #3~ Mayor's Report
Mayor Pro Tem Rick Wilhelm announced that Mayor Gary Fickes and
Councilmember Barry Emerson are in Toyoma, Japan along with others
from the City, in conjunction with the Sister City Program. They
are scheduled to return on September 20, 1991.
City Council Minutes
September 17, 1991
page two
Agenda Item #3, Continued
Deputy Mayor Pro Tem Sally Hall reported on Teen Court, adding that
two meeting have been held and they plan to meet again in the next
two weeks. The Board of Advisors consists of: Cathy Turner and
herself representing the City, Chauncey Willingham and Buddy Luce
from the School and four (4) high school students. They are
currently seeking adult volunteers to supervisor the community
service projects that will be given out by the Teen Court.
If anyone knows of co,unity service projects where the teenagers
might be able to help the community or get involved, please write
to the Director of Public Safety or Mrs. Hall.
Agenda I{em #4, City Manager's Report
Curtis Hawk, City Manager,
packets. If there are
answer them.
noted the Department Reports are in the
questions, the Directors are present to
The next regularly scheduled meeting of the Community Improvements
Task Force will be held on October 8, 1991, beginning at 7:00 p.m.
Mayor Pro Tem Wilhelm commented on the Volunteer Fire Department
Fish Fry which was held on September 16. The food was wonderful
and funds were raised for needed items within the department,
according to Wilhelm.
Agenda Item #5, Consent Agenda
There were no items for the consent agenda.
Agenda Item #6f Public Forum
A letter was received from Victor Boswell in regard to water
service for a portion of West Beach Addition. A copy of the letter
is hereby attached to the minutes of the meeting.
Agenda Item #7-Al Ordinance No. 480-57~ 2nd reading (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.
The Zoning Administrator, Karen Gandy noted on the Land Use Plan
this property shows to be Mixed Use for Commercial or Residentia.
but no Industrial.
City Council Minutes
September 17, 1991
page three
Agenda Item #7-A, Continued
Mrs. Gandy added, ten (10) letters were sent
within 200' with no responses to date. Mrs.
not want the fence which is being proposed.
to property owners
Brown noted she does
On August 22, 1991, the Planning and Zoning Commission recommended
approval subject to the August 16, 1991 summary review letter. On
September 3, 1991, the City Council approved the 1st reading of the
ordinance, subject to consideration for vegetation on the property
and an access easement stub to the east. The 3rd review summary
dated September 13, 1991 is in the packets.
The public hearing resulted with no comments from the audience.
Mayor Plo Tem Wilhelm ekpressed his concern with zoning the entire
tract "C-2" Commercial-2, as the northern property line is opposite
a single family housing development.
Motion was made to approve Ordinance No.
Motion: Evans
Second: O'Brien
480-57,
2nd reading.
Mayor Pro Tem Wilhelm read the caption of Ordinance No.
480-57 as required by City Charter.
Ayes: Evans, O'Brien,
Nays: Wilhelm
Approved: 4-1 vote
Hall, Farrier
Agenda Item #7-B~ Resolution No. 91-42 Specific Use Permit for
Beer Sales Off-Premises
Resolution No. 91-42 is a request for Specific Use Permit for the
sale of beer for off-premises consumption only. A 1.1160 acre
tract of land out of the W.R. Eaves Survey, Abstract No. 500, being
the southern portion of Tract 2C (proposed Block 1, Lot 1, Corner
Addition). The owners are Bruce and Neta Erickson and the
applicant is Hady Aghili dba Southlake Food Mart.
Zoning Administrator, Karen Gand¥ stated on September 3, 1991, the
City Council tabled the request in order to give the applicant time
to reconsider the concept plan in regard to vegetation and the
access easement stub to the east. The revised Site Plan and 3rd
review summary letter are in the packets.
City Council Minutes
September 17, 1991
page four
Agenda Item #7-Bt Continued
Harry Stevens, engineer, 3548 Bighorn Drive, Plano. Mr. Stevens
was present representing Hady Aghili. Mr. Aghili asked if the City
Council would agree to a contract between the City and himself.
Mayor Pro Tem Wilhelm stated he feels Council is looking at the
following issues: drainage channel and landscaping issues and a
method of funding, by either contract or escrow.
Mr. Aghili agrees to put up a fence on the location at some future
time, as it is a City ordinance.
Public Hearing:
Dennis ~cGrath, 2403 Nokth Carroll Avenue, Southlake. Mr. McGrath
commented in regard to funding the culvert. Why doesn't the
developer pay for funding now and let the City Staff do the Job at
the proper time?
Jim Martin, 894 Randol Mill Road, Southlake. Drainage is a problem
at this time. He would like to see at least a ditch at this time,
as the water has gotten into the Lucky Lady Store.
Charlie Broadaway, 600 Bentwood, Southlake. Mr. Broadaway spoke
opposition to the Specific Use Permit for alcoholic beverages,
stating what will be best for Southlake? Beer stores attract
alcoholics. How can we vote for D.A.R.E. and also for alcoholic
beverages? The proper action is no action, according to Broadaway.
Public hearing closed.
Motion was made to approve Resolution No. 91-42 with the following
conditions:
1)
subject to the summary review letter dated September 13,
1991, releasing the applicant of the requirement of the
8' fence on the east property line at this time,
reserving the right to call for that should it be
necessary in the future.
2)
that the Specific Use Permit be valid for two years,
approximately from September 1991 to September 1993.
3)
with the issue to be resolved prior to the extenstion of
the permit, the finalization of the drainage channel on
Randol Mill Blvd.
4)
subject to the box culvert having been installed by the
State on F.M. 1709.
5)
the contract between the owner and the City of Southlake,
should be made apart of this Specific Use
Permit, giving the city rights of enforcement.
City Council Minutes
September 17, 1991
page five
Agenda Item 7-BI Continued
Informational comment, not a Dart of the motion, Farrier would
still like the applicant to consider the natural vegetation on
the lot, and do what is practtcle, and make it a portion of the
landscape plan.
Motion: Farrier
Second: Evans
Mayor Pro Tem Wilhelm read the caption of the resolution.
Ayes: Farrier, Evans,
Nays: None
Approved:. 5-0 vote
O'Brien, Hall, Wilhelm
Agenda Item #7-Cf ZA 91-49t Preliminary Plat of Corner Addition
ZA 91-49, is the Preliminary Plat of a 2.136 acre tract of land out
of the W.R. Eaves Survey, Abstract No. 500, Tract 2C, being Lots 1
& 2, Block 1, Corner Addition. Owners are Bruce and Neta Erickson.
Karen Gandy, Zoning Administrator, noted ten (10) notices were sent
to property owners within 200' and she has had no responses at this
time. On September 5, 1991, the Planning and Zoning Commission
recommended approval by a 7-0 vote, subject to the August 30, 1991
summary review letter.
No comments were received during the public hearing.
Motion was made to approve ZA 91-49, preliminary
the September 13, 1991 summary review letter.
Motion: O'Brien
Second: Hall
Ayes: O'Brien, Hall, Farrier, Evans, Wilhelm
Nays: None
Approved: 5-0 vote
plat,
subject to
Agenda Item #7-D~ ZA 91-50~ Final plat of Corner Addition
The final plat of 2.136 acres of land out of the W.R. Eaves
Abstract No. 500, Tract 2C, being Lots 1 & 2, Block 1,
Addition, was presented.
Survey,
Corner
The applicant, Hady Aghili, was made aware of the requirements of
the Subdivision Control Ordinance in regard to Park Fees and the
Perimeter Street Ordinance requirements for Randol Mill Road.
No public comments were received.
City Council Minutes
September 17, 1991
page six
~g. gnda Item #7-D, Continued
Motion was made to approve the Final Plat (ZA 91-50),
the summary review letter of September 13, 1991.
Motion: Farrier
Second: Hall
Ayes: Farrier, Hall, O'Brien, Evans, Wilhelm
Nays: None
Approved: 5-0 vote
subject to
Agenda Item #7-E~ ZA 92-44~ Concept Plan~ Lot 3~ Southlake
Crossinq
ZA 91-44 is a concept plan for Lot 3 and a portion of Lots 1 & 2,
Southlake Crossing. Owners are Southlake Joint Venture and
Albertsons Inc. The appl£cant is Chevron, USA.
Zoning Administrator, Karen Gandy noted four (4) notices were sent
to property owners within 200' and no responses have been
received. This action was tabled by the Planning and Zoning
Commission on August 8, 1991, and on September 5, they recommended
approval by a 7-0 vote, subject to the August 30, 1991 summary
review letter. The 2nd review summary is in the packet, dated
September 13, 1991.
Tony Waggner, representing Chevron, USA was present for the
meeting. He indicated they agree to the review summary and will
comply with the requirements.
John Drew, Managing Partner of Southlake Joint Venture. Mr. Drew
stated Chevron is dependent upon the developers building the
drainage box culvert.
No comments were received from the audience.
Curtis Hawk, City Manager added this property will be serviced by
the S-2 sewer line.
Motion was made to approve ZA 91-44, Concept Plan, subject to the
September 13, 1991 summary review letter.
Motion: O'Brien
Second: Evans
Ayes: O'Brien, Evans, Farrier, Hall, Wilhelm
Nays: None
Approved: 5-0 vote
City Council Minutes
September 17, 1991
page seven
Agenda Item #7-F~ Resolution No. 91~43~ (ZA 91-55) Specific Use
Permit for Sale of Beer
Resolution No. 91-43 is a request for Specific Use Permit for the
sale of beer for off-premises consumption only, being legally
described as 2.8554 acres out of the W.R. Eaves Survey, Abstract
No. 500, Lot 3 and a portion of Lots 1 & 2, Southlake Crossing.
Owners of the property are Southlake Joint Venture and Albertsons
Inc. The applicant is Chevron, USA.
The Zoning Administrator, Karen Gandy noted four (4) notices were
sent to property owners within 200' with no responses. On
September 5, the Planning and Zoning Commission recommended
approval with a 7-0 vote, subject to the August 30, 1991 summary
review letter with a 45' driveway and 15' easement on the south
side.
Tony Waggner, representing Chevron, stated they agree to the items
in the summary review letter dated September 13, 1991.
The public hearing resulted with no comments from the audience.
Motion was made to approve Resolution No.
September 13, 1991 summary review letter.
Motion: Hall
Second: Evans
91-43, subject to the
Mayor Pro Tem Wilhelm read the caption of Resolution No.
91-55.
Ayes: Hall, Evans, Farrier,
Nays: None
Approved: 5-0 vote
O'Brien, Wilhelm
Agenda Item #7-G~ Final Plat t Burney Place Addition (ZA 91-54)
The final plat of Lots 1-5, Block 1, Burney Place Addition, being a
6.334 acre tract of land out of the John Chlldress Survey, Abstract
No. 254, Tract 2, was presented for approval. Owner of the
property is Burney Place Joint Venture.
The Planning and Zoning Commission recommended approval during the
September 5, 1991 meeting by a 7-0 vote, subject to the August 30,
1991, summary review letter.
Matt Goodwin, with Goodwin and Marshall Engineers, was present for
the meeting to answer questions for Council. He had questions in
regard to the finished floor elevations.
No public comments were received.
City Council Minutes
September 17, 1991
page eight
Agenda Item #7-G~ Continued
Motion was made to approve the final plat of Burney Place Addition,
subject to the summary review letter dated September 13, 1991.
Motion: Hall
Second: Farrier
Ayes: Hall, Farrier, O'Brien, Evans, Wilhelm
Nays: None
Approved: 5-0 vote
Agenda Item #10-A~ Developers Agreement for Oak Hills Addition~
Phase II
Michael Barnes, Director of Public Works introduced the Developers
Agreement.. for Oaks Hills Addition, Phase II, stating there are two
items that are peculiar t6 Phase II. 1) off-site sewer line will
serve City Park and 2) park fees. The developer is in the process
of building a one mile Jogging trail. Barnes indicated of the
$37,500., $5,500. remains after $32,000 is spent on the Jogging
trail. The developer would like to spend the remaining funds on
planting trees. It was suggested by Council that City Planner,
Greg Last be the staff representative responsible to advise the
developer on the tree planting project.
Councilmember Jerry Farrier commended the
controlling the erosion at the development site.
developer fo~
Motion was made to approve the Developers Agreement of Oak Hills
Addition, Phase II, as modified in regard to having Greg Last as
the staff representative for the tree planting project.
Motion: Hall
Second: O'Brien
Ayes: Hall, O'Bri'en, Farrier, Evans, Wilhelm
Nays: None
Approved: 5-0 vote
Agenda Item #8-A~ Ordinance No. 544~ 1st reading. Landscaping
The City Manager, Curtis Hawk informed Council that the Landscape
ordinance is scheduled to go before the Planning and Zoning
Commission for consideration on September 19, 1991, therefore, it
is requested that Council table this action until the first City
Council meeting in October.
City Council Minutes
September 17, 1991
page nine
Agenda Item #8-A~ Continued
Motion was made to table 1st reading of Ordinance
certain October 1, 1991.
Motion: Evans
Second: Farrier
Ayes: Evans, Farrier, Hall, O'Brien, Wilhelm
Nays: None
Approved: 5-0 vote (to table)
No. 544, time
Agenda Item #8-B~ Ordinance No. 546~ 1st readinq.
School Zones
Speed Limits tn
The City Manager informed Council of the need for Ordinance No.
546, establishing speed limits in school zones. He expressed that
this ordinance is a stop-gap ordinances and will need to be changed
in the near future.
A discussion was held by Council in regard to the ordinance.
Motion was made to approve Ordinance No. 546, 1st reading, with
changes to be made prior to second reading.
Motion: Farrier
Second: Evans
Mayor Pro Tem Wilhelm read the caption of Ordinance No.
546.
Ayes: Farrier, Evans, O'Brien,
Nays: None
Approved: 5-0 vote
Hall, Wilhelm
Aggnda Item #10-B~ Award of Bid for Relocation of TNB Buildinq
Michael Barnes, Director of Public Works stated on September 11,
1991 at 10:00 a.m., bids were opened for the Bicentennial Park
Recreation Facility Relocation, and only one bid was received. He
recommended Council reject the bid based on the information in
the memorandum to Council dated September 12, 1991, hereby attached
to the minutes of the meeting.
Motion was made to reject the bid for the relocation of the TNB
building from H.D. Snow House Moving, Inc., and for staff to
negotiate separate contracts for moving the building.
Motion: Farrier
Second: Hall
Ayes: Farrier, Hall, O'Brien, Evans, Wilhelm
Nays: None
Approved: 5-0 vote.
City Council Minutes
September 17, 1991
page ten
Agenda Item 1-B~ Executive Session
The Mayor Pro Tem Rick Wilhelm 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 consider the appointment and evaluation of public
officials. Council left for executive session at 10:05 p.m.
Council returned to open session at 10:15 p.m.
Agenda Item #1-Cd Action Necessary on items discussed in
Executiv9 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 #12t Adjournment
The City Council meeting was adjourned at 10:20 p.m.
Motion: Farrier
Second: Hall
Ayes: Farrier, Hall, Evans, O'Brien, Wilhelm
Nays: None
Approved: 5-0 vote
City Secretary