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1991-12-03 CITY OF SOUT}{LAKE 667 N. Carroll Avenue REGULAR CITY COUNCIL MEETING December 3, 1991 7:00 p.m. MINUTES COUNCILMEMBERS PRESENT: Mayor, Gary Fickes; Mayor Wilhelm; Deputy Mayor Pro Tem Sally Hall. Members: Barry Emerson, and, Mike O'Brien. Pro Tem Rick Jerry Farrier, COUNCILMEMBER ABSENT: W. Ralph Evans. CITY STAFF PRESENT: Curtis E. Hawk, City Manager; Michael Barnes, Director of Public Works; LouAnn Heath, Director of Finance; Karen Gandy, Zoning Administrator; Greg Last, City Planner; Chris Terry, Assistant to the City Manager; Wayne Olson, City Attorney; Eddie Cheatham, City Engineer; Roger Stewart, Fire Marshal; and, Sandra L. LeGrand, City Secretary. INVOCATION: Councilmember Jerry Farrier. The Work Session was called to order at 6:30 p.m. to discuss the agenda item for tonight's meeting. Mayor Gary Fickes called the meeting to order at 7:10 p.m. A~enda Item #i-B~ Executive Session Mayor Fickes hereby advised the audience that Council would be going into executive session pursuant to Sections 2(e) 2(f) 2 (g) 2(J) of the Open Meetings Act, to seek the advice 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 and regarding the deployment of specific occasions for implementation, of security personnel or devices. Council went into executive session at 7:05 p.m. Council returned to Open Session at 7:35 p.m. Agenda Item #i-C~ Action necessary/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, or deployment or specific occasions for implementation of security personnel or devices. City Council Meeting Minutes December 3, 1991 page two Aqenda Item #2~ Approval of Minutes Motion was made to approve the Minutes of the November City Council minutes as modified in work session. Motion: Wilhelm Second: Emerson Ayes: Wilhelm, Emerson, Farrier, Hall, Fickes Nays: None Abstention: O'Brien Approved: 5-0-1 vote 19, 1991 Agenda Item #3, Mayor's Report Mayor Pro Tem Wilhelm reported on the Southlake Economic Development Council, noting at the November meeting a member of the Dallas Economics Development Council present. One of the things the DEDC is trying to do is establish some ties with some of the different counties. Southlake would like to broaden their base and see if they can get on some of the Dallas area lists. SEDC has also taken the initial steps in getting the property profile on the computer. Several months ago, they discussed a GTE Video of the Northeast Tarrant County area, which has been completed. It will be distributed nation wide, and will serve as a means to give general information of our area to a lot of people. Deputy Mayor Pro Tem Sally Hall reported on the Teen Court, "mock trial" which was held on Monday, December 2, noting the first real Teen Court Trial will be held on December 9, 1991. A possible scholarship fund for those who are working on the Teen Court has been discussed, with the possibility the scholarship will be a joint city, school, community effort. Mrs. Hall explained the "Fire Truck" coloring contest. Agenda Item #4~ City Manager's Report The City Manager, Curtis Hawk reported on the stolen mirror which was located on the corner of Randol Mill Road at Kingswood. He stated the City does not plan to replace the mirror, however, they are discussing a flashing light in that location, for a cost of $2,000. He expressed the need at that particular dangerous intersection. Mr. Hawk stated the Capital Improvements Road Task Force will be bringing the final report to Council on December 17, 1991. City Council Meeting Minutes December 3, 1991 page three Agenda Item #5~ Consent Agenda Agenda Item #5-A was taken off the consent agenda at the request of Mayor Pro Tem Rick Wilhelm, for procedural reasons. The consent agenda, #5-B, was approved as presented: 5-B, Resolution No, 91-47, Recognizing Distinct Operating Divisions within the Department of Public Safety, including Organizational Charts. Motion: Wilhelm Second: Hall Ayes: Wilhelm, Hall, Nays: None Approved: 6-0 vote Farrier, Emerson, O'Brien, Flckes Agenda Item #5-A~ Resolution No. 91-48~ Abandonment of easement in Monticello Motion was made to approve Resolution No. 91-48, abandonment of an access easement in Monticello subdivision, authorizing Mayor Flckes to execute a quick claim deed to the owner of Monticello. Motion: Wilhelm Second: Emerson Ayes: Wilhelm, Emerson, Hall, Farrier, O'Brien, Fickes Nays: None Approved: 6-0 vote Agenda Item #6-A, Public Appearance Karen and Stephen Apple were present, representing Friends of the Southlake Library. She introduced the other members of the group, present to show support. Mr. Apple, treasurer, presented a check for $7,500. for the purchase of books through the Interlocal Agreement with the City of Grapevine. Through the fund raising efforts of the Friends, and other groups within Southlake, they have contributed $12,500. to date for the purchase of books. Agenda Item #6-B~ Public Forum No comments were received during the public forum. Agenda Item #7-A~ Ordinane No. 480-60~ 2nd reading (ZA 91-60) Ordinance No. 480-60, 2nd reading, is a zoning change request for a 2.44 acre tract of land out of the John Childless Survey, Abstract No. 254, Tract 1Al, being more commonly known as 1600 Burney Lane Current zoning is "AG" Agricultural, with a request for "SF-1A Single Family-lA Residential zoning district. Location is the south side of Burney Lane at Midway Drive. Owner/applicant is Joe E. Kennel. City Council Meeting Minutes December 3, 1991 page four Aqenda Item #7-A~ Continued Karen Gandy, Zoning Administrator noted on November 7, the Planning and Zoning Commission recommended approval of the request by a 5-0 vote. On November 19, 1991, the City Council approved the 1st reading by a 6-0 vote. Mr. Joe Kennel was present to answer questions for Council. The public hearing resulted with no comments from the audience. Motion was made reading. Motion: Emerson Second: Wilhelm for the approval of Ordinance No. 480-60, 2nd Mayor Fickes re~d the caption of the ordinance. Ayes: Emerson, Wilhelm, O'Brien, Nays: None Approved: 6-0 vote Hall, Farrier, Fickes Agenda Item #7~ Ordinance No. 544~ 2nd readinq. Landscape. The City Manager suggested that this item be tabled, as the requested information has not been completed. Motion was made to table Ordinance No. 544, 2nd reading of the Landscape ordinance time certain December 17, 1991. Motion: Wilhelm Second: Hall Ayes: Wilhelm, Hall, O'Brien, Emerson, Farrier, Fickes Nays: None Approved: 6-0 vote (to table) Aqenda Item #7-D~ Ordinance No. 555~ 2nd readinq Tri-County Rate Increase Curtis Hawk, City Manager, explained to Council the available options in regard to the request for Rate Increase by Tri-County Electric Cooperative Inc., including: approve the rates; deny the rates; suspend for 90 days and hire a consultant; or, do nothing. If Council chooses to do nothing, on January 2, 1992, the rates would automatically go into effect. Ed Kelly, representative with Tri-County was present to answer questions for Council. He indicated all other communities are holding the 2nd readings, as they are passing the ordinances on to the Public Utility Commission. City Council Meeting Minutes December 3, 1991 page five Agenda Item #7-D~ Continued Mayor Pro Tem Wilhelm wanted the minutes to reflect that the last rate increase was in 1984. Trl-County is a non profit corporation, and is suppose to operate at cost. The public hearing resulted with no comments from the audience. Motion was made to approve approving the rate increase. Motion: Emerson Second: Farrier Ordinance No. 555, 1st reading, Mayor Fickes read the caption of the ordinance. Ayes: ..Emerson, Farrier, Nays: O'Brien Approved: 5-1 vote Hall, Wilhelm, Fickes Aggnda Item #8-A~ Ordinance No. 480-58~ 1st reading (ZA 91-51) Ordinance No. 480-58, 1st reading, a request for zoning change for a 0.439 acre tract of land out of the C.M. Throop Survey, Abstract No. 1510, Tract 7A4B3. Owner/Applicant: Jim and Beth Futch. Zoning Administrator, Karen Gandy reported to Council that this item has been withdrawn by the owner/applicant. No action was taken on this agenda item. Councilmember Barry Emerson stepped down for agenda items #8-B and #8-C, stating conflict of interest as he is the lender for this project. Agenda Item #8-B~ Ordinance No. 480-61~ 1st reading (ZA 91-66) Ordinance No. 480-61, is a zoning change request and concept plan approval for 7.5 acres out of the John A. Freeman Survey, Abstract No. 529, more commonly known as portions of Lot 1, Miron Addition and Lot 2B, Gorbett Addition. Current zoning is "C-2" Commercial-2, with a request for "B-i" Business Service Park. Owner/Applicant is Robert Miron dba Miron Properties, Inc. Mrs. Gandy noted ten (10) notices were sent to property owners within 200' and she received one notice from Deryl McNutt, 212 Westwood, Southlake, who is opposed to the request. On November 21, 1991 the Planning and Zoning Commission recommended approval subject to the November 15, 1991 summary review letter. City Council Meeting Minutes December 3, 1991 page six Agenda Item #8-B~ Continued Mrs. Gandy presented a listing Council. of the comparison of uses for John Levitt, Levitt Engineers, 726 Commerce, Suite 104, Southlake, was present, representing the owner/applicant. Mr. Levitt noted Mr. Miron has zoned and owned the property for the past 10-12 years. He has not been able to market the back part of the property and the lenders would like to see him do something with this tract of land. B-1 Zoning fits in with the current uses on the property. Levitt stated the zoning provides a transition from single family and fits the tract and allows him to market the property. Mayor Pko Tem Wilhelm expressed he understands the need for B-I, however, he would rather see commercial use stop at the end of the Woodland Group. He fees it is too deep, and this use should not stretch in that close to residential. The public hearing resulted with no comments from the audience. Motion was made to approve Ordinance No. review letter dated November 27, 1991. Motion: O'Brien Second: Farrier 480-61, with the summary Mayor Fickes read the caption of the ordinance. Ayes: O'Brien, Farrier, Nays: None Approved: 5-0 vote Hall, Wilhelm, Fickes Agenda Item #8-C, Ordinance No. 480-63, 1st reading (ZA 91-67) Ordinance No. 480-62, is a zoning change request and concept plan approval for 5.43 acre tract of land out of the John A. Freeman Survey, Abstract No. 529, more commonly known as portions of Lot 1, Miron Addition and Lot 2B, Gorbutt Addition. Current zoning is "C-2" Commercial-2 and the request is for "B-2" Commercial Manufacturing District. Location: 1600 Block of East Southlake Blvd., behind Kids, Inc. and D & L Printing Company. Owner/applicant is Robert Miron dba Miron Properties, Inc. John Levitt, Levitt Engineers, was present representing Mr. Miron, stating Miron is an investor at this time. His plan is for Mini-warehouses for the 5.43 acres. Mayor Pro Tem Wilhelm referenced the comparisons in the zoning ordinance, which was prepared by Mrs. Gandy. Wilhelm stated he does not object to B-1 uses but objects to the potential noises of B-2 in that location. City Council Meeting Minutes December 3, 1991 page seven Agenda Item #8-C~ Continued Mayor Fickes stated he would like to see Mr. Miron come back with S-P-1 zoning for this property. Motion was made to continue Ordinance No. 480-62, the December 17, 1991 City Council meeting. Motion: Hall Second: O'Brien Ayes: Hall, O'Brien, Farrier, Wilhelm, Fickes Nays: None Approved: 5-0 vote (to table) 1st reading, at Councilmember Barry Emerson returned to Council table. Agenda Item #7-C, Ordinance No. 506~ 2nd reading. Signs Code Enforcement Officer, Eddie Wilson, presented the sign ordinance which incorporated the suggested changes by Council. He noted Section 27, a penalty of $500. for violation. Staff suggested this penalty be changed to $2,000. per violation. City Attorney, Wayne Olson, stated his interpretation of the Status is that the fine must be a maximum of $500. Only Health, Safety and Welfare ordinances can impose the $2,000. fine. The public hearing resulted with no comments from the audience. Motion was made to approve Ordinance No. Motion: Wilhelm Second: Emerson 506, 2nd reading. Mayor Fickes read the caption of the ordinance. Ayes: Wilhelm, Emerson, Hall, O'Brien, Nays: None Approved: 6-0 vote Farrier, Flckes Agenda Item #8-D~ ZA 91-69~ Revised Development Site Plan for Building Permit/Conoco ZA 91-69, a Revised Development Site Plan for a building permit approval for a 33.626 acre tract of land out of the Harrison Decker Survey, Abstract No. 438, Tracts lB1, 1B1B, and 1BlC. Current zoning is "I-2" Heavy Industrial District. Owner/Applicant: Conoco, Inc. Karen Gandy, Zoning Administrator, explained Conoco is revising the development site plan as they wish to build a 10'X 30'foam stora~ building and ancillary utility services, on their site. Twent~ (20) notices were sent to property owners within 200' and to date she received one reply from Joe Coker, 1233 Timberline: opposed. City Council Meeting Minutes December 3, 1991 page eight Agenda Item #8-D~ Continued The Planning and Zoning Commission recommended approval of the request during the November 21, 1991 meeting with a 5-2 vote, deleting #7, requirement for grading. Mrs. Gandy presented a revised summary review letter dated November 22, 1991. Roger Stewart, Fire Marshal, was present to answer fire safety questions for Council. Brad Prance, representative of Conoco, stated they propose items #1 & #2 from the November 22, 1991 review letter. currently all structures are steel and they would like to with steel structures. deleting He noted, continue City Manager, Curtis Hawk stated with adding the emergency procedures which the have been urging through conversations. safety on site. this addition, Conoco is City Staff and Council It will enhance the fire Mayor Pro Tem Wilhelm stated this procedure will very much enhance the safety in that area. He does not have a problem granting a variance to the masonry ordinance because everything else is steel. Roger Stewart stated Fina Oil Company is also working on adding this procedure to their project. The City Manager resolution which requirement. stated Staff will be bringing back to Council, a will grant the variance to the masonry Motion was made to approve ZA 91-69, allowing them to be excused from Item #l & #2, on review letter dated November 22, 1991. Motion: Hall Second: Wilhelm Ayes: Hall, Wilhelm, O'Brien, Emerson, Farrier, Fickes Nays: None Approved: 6-0 vote Mayor Pro Tem Wilhelm thanked not only Conoco, Inc. but Councilmember Sally Hall because she is the one who has pushed this through over the years, which has upgraded the fire safety in this area. Agenda Item #8-E, Ordinance No. 536~ 1st reading. Weeds The City Manager, Curtis Hawk introduced Ordinance No. 536, stating this ordinance has been brought before Council on numerous occasions for discussion. Director of Public Safety, Billy Campbell, went through the ordinance for Council, calling attention to: Section 2, grass and weeds over 12"; Section 5 & 6, procedures for liens; noting this ordinance appeals Ordinances No. 361 in its entirety. City Council Meeting Minutes December 3, 1991 page nine Agenda Item #8-E~ Continued Mr. Hawk addressed the issue of right-of-way and who is responsible to clear them, noting the Subdivision ordinance addresses this issue. Councilmember Jerry Farrier expressed concern with weeds in the right of way. He stated he sees a problem with enforcement of the ordinance in this respect. The public hearing resulted with no comments from the audience. Councilmember Barry Emerson stated he sees this ordinance as an improvement over the ordinance which is currently on the books. The City Manager stated staff can try alternative wording prior to second reading noted. and come up with some in regard to the issues Motion was made to approve Ordinance No. Motion: Emerson Second Wilhelm 536, 1st reading. Mayor Gary Fickes read the caption of the ordinance. Ayes: Emerson, Wilhelm, Farrier, Nays: None Approved: 6-0 vote Hall, O'Brien, Fickes Council adjourned to recess at 9:15 p.m. Council returned to open session at 9:30 p.m. Agenda Item #8-F~ Ordinance No. 554~ 1st reading. Police Reserve and Auxiliary Fire Service. Creating Curtis Hawk, City Manager, stated the main difference with this ordinance is it deals with the requirement that volunteer fire personnel be certified. Most of the personnel now involved with the volunteer fire department are eligible for certification. This ordinance is not something that has been done quickly, this is probably the third draft of the ordinance. This ordinance incorporates other ordinances on the books for auxiliary fire department, reserve police officers and volunteer fire personnel. The costs for training both fire and police reserve personal was discussed. Mayor Fickes stated he would like to see a policy that the City will reimburse the personnel for education for certification. ~ the City is going to require certification, the city should pay fo~ it. City Council Meeting Minutes December 3, 1991 page ten Aqenda Item 8-F~ Continued Mayor Pro Tem Wilhelm stated, the City of Southlake will never make anyone Join the volunteers. Councilmember Barry Emerson stated he pushed to have this ordinance on the agenda tonight because we have not been enforcing the other ordinances in this area. The Mayor noted it is essential that the training of our volunteers be maintained in a current record. Curtis Hawk stated he would like to bring the ordinance back on December 17, for second reading, giving him the opportunity to pass the ordinance around and also include the procedures and policies. Tom Snyd~r, President of ~he Southlake Volunteer Fire Department. Mr. Snyder stated the enrollment figure in the ordinance of twenty (20) is low, he would like it to be raised to twenty-five (25). He outlined the number of sets of gear which were purchased by the Volunteer Fire Department. He asked that Section 21 of the ordinance in regard to members of an organization be changed from "may" to "shall". Mayor Fickes noted he would be meeting with Volunteers next week and Councilmember Emerson agreed to meet also. Motion was made to approve Ordinance No. 554, 1st reading, with the modification to raise the cap on the number of volunteers to twenty-five (25). Motion: Emerson Second: Wilhelm Mayor Fickes read the caption of the ordinance. Ayes: Emerson, Wilhelm, Hall, O'Brien, Nays: None Approved: 6-0 vote Farrier, Fickes Aqenda Item #9-A, Resolution No. 91-44, Request for Variance to Masonry Ord. for Timarron Addition The City Manager noted Resolution No. 91-44, is a request for variance to the masonry ordinance. Under our ordinance this is a public hearing, and Council needs to be specific on the reasons for and the requirements and special conditions applicable to the request. Susan Evans, president of Timarron Corp. was present to answer questions for Council. They are requesting a variance to the masonry ordinance in order to create a unique identity for the development of Timarron. They wish to provide a quality identity City Council Meeting Minutes December 3, 1991 page eleven Agenda Item #9-A~ Continued which will separate them from the other areas in Southlake. The buildings which are proposed to be constructed are in line with the renderings which are attached to the minutes. They are to contain no less then 45% masonry materials and glass. Ms. Evans noted the structure will be located at the entrance at Continental Blvd. and White Chapel Blvd., being a wall or landscaping. The other 55% would be wood siding, painted with a semi-transparent stain. The structures would either be maintained by them or they would be deeded to the homeowners association. The development would be turned over the homeowners when the addition is 75% complete. Councilmember Sally Hall commented in regard to the requirement for masonry.. She would like .to see a higher percentage of masonry on the buildings. As things get tough, the first thing people let go is the homeowners association fees. She feels the structures should be maintenance free, or as much so as possible. Mayor Pro Tem Wilhelm commented the masonry ordinance was passed because Council wanted structures to be esthetically pleasing. He noted, the variance requested includes all the landmark and recreational buildings over the 900 plus acre tract. Discusse was the entrance feature, the recreational at the northern part. and the potential recreational area down to the lake. He asked, what will happen if Mobil sells off land in five or so years and the new owner has been given a variance. Wilhelm would like for the areas to be localized in some degrees. Ms. Evans stated she does not see a problem with this request. No comments were received during the continuation of the public hearing. Motion was made to approve Resolution No. 91-44, including the staff memorandum dated December 3, 1991, with materials to include stone, glass and wood and a general location of the structures as described, being included in the resolution. Motion: O'Brien Second: Wilhelm Ayes: O'Brien, Wilhelm, Emerson, Farrier, Fickes Nays: Hall Approved: 5-1 vote City Council Meeting Minutes December 3, 1991 page twelve Agenda Item #ll-A~ Discussion: S-2 Sewer Line Aqreement Director of Public Works, Michael Barnes, presented a proposed agreement for the S-2 sewer line. A copy of the memorandum dated November 27, 1991, is hereby attached to the minutes. Mr. Hawk noted staff will bring this item back to Council on December 17, 1991 for consideration. Aqenda Item #ll-B~ Discussion: Drainage Facilities for Proposed Chevron Station at F.M. 1709 and F.M. 1938 The Memorandum dated November 27, 1991, from Director of Public Works, Michael Barnes, in regard to the drainage facilities for the proposed.. Chevron Station at F.M. 1709 and F.M. 1938, were discussed. A copy of the memorandum is hereby attached to the minutes of the December 3, 1991 City Council meeting. Council is to consider this agreement during the December 17, 1991 City Council meeting. Aqenda Item #11-C~ Ordinance No. 550~ Thoroughfare Plan City Engineer, Eddie Cheatham, gave a summary of the changes to the text of the proposed Thoroughfare Plan. Jack Hatchel, traffic engineer, was present to answer questions for Council. It was noted the Planning and Zoning Commission approved the plan. This item is to be considered by the City Council during the December 17, 1991 City Council meeting. Agenda Item #ll-D~ Discussion: Ordinance No. 551~ Park Master Plan Greg Last, City Planner made a presentation of the Park Master Plan. A copy of the memorandum from Mr. Last, dated November 26, 19991, is hereby attached to the minutes. Agenda Item #12~ Adjournment The meeting was adjourned as 12:20 a.m. by Mayor Fickes. S~ndra L. LeGrand, City Secretary