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1991-12-17 CITY OF SOUTHLAKE 667 N. Carroll Avenue REGULAR CITY COUNCIL MEETING December 17, 1991 7:00 p.m. MINUTES COUNCILMEMBERS PRESENT: Mayor, Gary Flckes; Mayor Wilhelm; Deputy Mayor Pro Tem Sally Hall. Members: Mike O'Brien, W. Ralph Evans. Pro Tem Rick Barry Emerson, COUNCILMEMBER ABSENT: Jerry Farrier. CITY STAFF PRESENT: Curtis E. Hawk, City Manager; Michael Barnes, Director of Public Works; LouAnn Heath, Director of Finance; Greg Last, City Planner; Chris Terry, Assistant to the City Manager; Eddie Cheatham, City Engineer; Wayne K. Olson, City Attorney; and, Sandra L. LeGrand, City Secretary. INVOCATION: Councllmembe~ 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 7:00 p.m. Aqenda Item #l-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 7:40 p.m. Aqenda Item #l-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 17, 1991 page two Aqenda Item #2~ ADDroval of the Minutes/December 3~ The Minutes of the December 3, 1991 City Council approved as modified during Work Session. Motion: Emerson Second: Hall Ayes: Emerson, Hall, Wilhelm, O'Brien, Fickes Nays: None Abstention: Evans Approved: 5-0-1 vote 1991 meeting, were Agenda Item #3, Mayor's Report Mayor Gary Fickes congratulated the Southlake Carroll Dragons on a good season. Mayor Fickes reported on a meeting which was held last evening in regard to the Corridor Study which Southlake commissioned through the University of Texas Arlington, Institute of Urban Study. The Mayor stated, good presentation was made, and the City Staff will make that same presentation during the second meeting in January. The project was funded jointly by the City, McGuire Thomas/IBM~ and Mobil Land Development. Councilmember Barry Emerson stated he spoke with Cathy Livengood with the Women's Division of the Grapevine Chamber of Commerce in regard to the "Adopt a Child Program". There are still about thirty-five children (35) who need to be adopted. Basically it involves buying a Christmas gift for that child. Anyone interested should contact Ms. Livengood at Ebby Holiday Real Estate. Mayor Pro Tem Wilhelm read from the proclamation signed by Mayor Fickes in regard to the "Holidays Ahead Campaign", encouraging safe driving during the holiday season. Councilmember Sally Hall reported on progress being made by Planned Cable Company, stating they are in the process of cabling the old and new high schools, also that they have applied for a grant which would put cable in the classrooms of the Carroll Independent School District. Mrs. Hall also commented on an article which appeared in the Grapevine Sun recently on Southlake Teen Court, stating the article in incorrect, adding Megan Hartman has been designated as the person on the advisory committee responsible for press releases from the group. Hall commented the four (4) young adults on the board, noting they are doing an excellent job. City Council Meeting Minutes December 17, 1991 page three Aqenda Item #4t City Manaqer's Report The City Manager, Curtis Hawk, asked Council to consider available dates where a Joint meeting of the Council and the School Board can meet in future joint efforts for the City. Aqenda Item #5~ Consent Agenda The Consent agenda for this meeting items: consisted of the following Resolution No. 91-49, abandonment of easement for Thomas residence in Continental Park Estates. B. . Agreement with North Richland Hills for mobile dispatch terminals. Authority to execute Tower/Ground Lease Agreement between the City of Southlake and Southwestern Bell Mobile Systems. Resolution No. 91-51, Authority to purchase through the State Purchasing and General Services Commission. Mayor Pro Tem Wilhelm asked that item 5-C be removed from the consent agenda and considered separately. Motion was made to approve the consent agenda consisting A,B, and D, as presented. Motion: Wilhelm Second: Emerson Ayes: Wilhelm, Emerson, Hall, O'Brien, Evans, Fickes Nays: None Approved: 6-0 vote of items, Agenda Item #5-Ct Tower/Ground Lease Aqreement with SW Bell Mobile The City Manager, Curtis Hawk explained that Southwestern Bell Mobile Systems has approached the City concerning a possible lease of space from the Florence Road water tower. The request was originally for a twenty (20) year lease, but was shortened to ten (10) years, in two five (5) year periods. The agreements now provide termination, upon a one year prior written notice, after five (5) years. Southwestern Bell Mobile System feels it needs at least this time, to make it worthwhile. Mayor Pro Tem Wilhelm stated he would like to see a "nonexclusive type use". He expressed concerns about the terms of the lease; if the City needs to tear down or move the tower, the City should have that option. It was noted Southwestern Bell would have a key to the locked tower site. He would also like to see the City be able to terminate the lease after five (5) years with one (1) year City Council Meeting Minutes December 17, 1991 page four Aqenda Item #5-C~ Continued notice, notwithstanding the fact that the lessee may or may not be at fault. The lessee has the right to remove their building including the slab. Billy Pettigo with Southwestern Bell Mobile System was present for the meeting indicating he has no problem with the items noted. Motion was made to approve the Tower/Ground Lease Agreement between the City of Southlake and Southwestern Bell Mobile System with the changes as suggested above. Motion: Wilhelm Second: Evans Ayes: .Wilhelm, Evans, O'Brien, Hall, Emerson, Fickes Nays: None Approved: 6-0 vote Agenda Item #6~ Public Forum No discussion was held during the public forum. The presentation for the Community Road Improvements Task Force will be heard at a later date. Councilmember Barry Emerson stepped down for agenda item 7-A, as having a vested interest. Aqenda Item #7-A~ Ordinance No. 480-61~ 2nd reading (ZA 91-66). Ordinance No. 480-61, 2nd reading, 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. The current zoning is "C-2" Commercial-2, with a request for "B-i" Business Service Park. A presentation was made by Greg Last, City Planner, who noted ten (10) notices were sent to persons within one hundred feet, with one response being received from Daryl McNutt, 212 Westwood, who opposes the request. On November 21, 1991, the Planning and Zoning Commission approved the request with a 7-0 vote, contingent upon the concept plan and the summary review letter dated November 15, 1991. On December 3, 1991, the City Council approved the first reading of the ordinance, contingent upon the review letter dated November 27, 1991. John Levitt, Levitt Engineers, was present for the meetin~ representing Bob Miron dba Miron Properties, Inc. City Council Meeting Minutes December 17, 1991 page five Agenda Item #7-A~ Continued Public Hearing: John Nappier, Dallas, Texas. Mr. Nappier stated he has property to the west of the tract being considered for rezonlng. He expressed two concerns: 1) He does not want to view the metal buildings, and, 2) He is concerned with the concept plan showing a thoroughfare through the property. Mayor Fickes noted "B-i" zoning is the most restricted use and he doesn't not think they could build a metal building in that zoning district. John Levitt noted if the property is ever developed, the road would be deteFmined at that time. He does not think they are down zoning the property. They are trying to get something going on the property at the request of the lender. Public Hearing closed. Mayor Fickes replied to the concerns in regard to metal buildings. Motion was made to approve Ordinance No. 480-61, with suggestion to cul-de-sac the road, including the concept plan. Motion: O'Brien Second: Wilhelm the Mayor Fickes read the caption of the ordinance. Ayes: O'Brien, Wilhelm, Hall, Evans, Nays: None Approved: 5-0 vote Fickes Mayor Pro Tem Wilhelm noted that "B-i" zoning should be masonry requirement, if the Zoning Administrator determines that it is not, the action should be brought back before the City Council for reconsideration. Councilmember Barry Emerson returned to Council table. Mayor Fickes stepped down from Item #7-B Agenda Item %7-Bt Ordinance No. 555t 2nd reading. Trl-County Electric Rate Increase Request Mayor Pro Tem Wilhelm stated during the last City Council meeting, the City Council understood City of Keller had approved the rate increase, and this is not the case. Keller voted to table the action. Mr. Ed Kelly with Tri-County Electric was present to answer questions. City Council Meeting Minutes December 17, 1991 page six Agenda Item #7-B~ Continued The public hearing resulted with no comments from the audience. Councilmember Mike O'Brlen rate increase, indicating needed. .expressed concern with approving the they have not shown him the increase is Motion was made to postpone action study. Motion: O'Brien Second: Hall Ayes: O'Brien, Hall, Evans Nays: Wilhelm, Emerson Approved.~ 4-2 vote for ninety (90) days and do a Agenda Item #7-C~ Ordinance No 554~ 2nd reading, Creating Police Reserve~ Fire Reserve~ and Auxiliary Service Ordinance No. 554, Creating Police Reserve, Fire Reserve, and Auxiliary Service, was discussed. The City Manager, Curtis Hawk reviewed the changes made as the result of the first reading. Public Hearing: Chris Moore, 675 Cherry Lane, Southlake. Mr. Moore stated he has two problems with the ordinance. It removes the $outhlake Volunteer Fire Department and creates Fire Reserves. He expressed he does not know why Council has to form a new branch. He stated he has submitted two other applications, has a state certification, and asked why isn't this good enough? The Volunteers want the organization to remain the Southlake Volunteer Fire Department, with all original members being reinstated. David Windrow, 1042 Summerplace Lane, Southlake. Mr. Windrow feels there is a great lack of information on both parties. We are all interested in providing fire service. He feels the City will loose some good people, people who have made commitments to the City. Mayor Fickes noted two separate meeting he attended with volunteers, in a effort to come to some conclusions. Rexene Allen, 1613 Mockingbird Lane, Southlake. Mrs. Allen stated they are strongly requesting to keep the name, "Southlake Volunteer Fire Department". In Section 13 of the Ordinance, they have a problem with the Department of public Safety being the authority, but not requiring them to be residences. City Council Meeting Minutes December 17, 1991 page seven Agenda Item #7-C~ Continued Richard Allen- passed. Chris Moore, 675 Cherry Lane, Southlake. Mr. Moore apologized to Mayor Fickes for not showing up for the meeting held last Sunday night. Councllmember Barry Emerson stated he will not listen to a debate tonight on this issue, after the public hearing has been closed. Motion was made to approve Ordinance No. 554, including, "all reserves will be under the personnel policy now in effect." Motion: ..Emerson Second: Wilhelm 2nd reading, reimbursement Mayor Fickes read the caption of the ordinance. Ayes: Emerson, Wilhelm, O'Brien, Nays: None Approved: 6-0 vote Hall, Evans, Fickes Agenda Item #7-D~ Appointment to Fire Reserves In association with Ordinance No. 554, the City Manager, Curtis Hawk, asked for Council approval of the recommended Fire Reserve, including: Gary Traver; Jerald Don Kovar; David Windrow; Tony Gutierrez; Ryan Paul Lorimer; Daniel C. Barnes; Michael Fruci; Patric Root; Justin Robinson; David Barnes; Thomas K. Schneider; and Scott Pruitt. Richard Allen, 1613 Mockingbird Lane, Southlake. Mr. several people were not in town and not able applications and get them in on time. Allen stated to complete Director of Public Safety, Billy Campbell, explained the procedures for requesting applications, stating the memorandum was posted nine (9) days ago on the Fire Services Bulletin Board, with a copy of the ordinance. He noted, applications approved tonight are subject to a drug test; driving records check; etc. Motion was made to approve the appointment of: Gary Traver; Jerald Don Kovar; David Windrow; Tony Gutierrez; Ryan Paul Lorimer; Daniel C. Barnes; Michael Fruci; Patric Root; Justin Robinson; David Barnes; Thomas K. Schneider; and, Scott Pruitt, subject to proper testing as noted above. Motion: Wilhelm Second: Emerson Ayes: Wilhelm, Emerson, Hall, O'Brien, Evans, Fickes Nays: None Approved: 6~0 vote City Council Meeting Minutes December 17, 1991 page eight Aqenda Item #7-E~ Ordinance No. Ordinance No. 544, 2nd reading reading, Ordinance, was not discussed tonight. 544, 2nd readinq. Landscape in regard to the Landscape Motion was made to table action on Ordinance No. 544, until the January 7, 1992, City Council meeting. Motion: Wilhelm Second: Evans Ayes: Wilhelm, Evans, O'Brien, Hall, Emerson, Nays: None Approved: 6-0 vote Flckes Agenda Item #7-F~ Ordinance No. 536~ 2nd readinq. Weeds Ordinance No. 536, 2nd reading, in regard to a Weed ordinance was discussed. The City Manager explained the changes made as the result of the 1st reading, including right-of-way and how to deal with it. Public Hearing: Conner Lam, 1280 Post Oak Trail, Southlake. Mr. Lam suggested thi~ ordinance be tabled and put in the next newsletter as a notice t all citizens that they must clear off all their "nature and brush". He referenced selective enforcement. Mr. Lam stated he feels mowing is a duty the city needs to retain. He does not feel the general citizens would feel it is a threat to public health, safety, and welfare. A lot of people in the city like it Just the way it is. Councilmember Sally Hall commented that it is a City responsibility to mow in the right-of-way on Peytonville Avenue, Dove Road, Shady Oaks Drive, etc. She suggested the City budget funds to contract out mowing of the right-of-ways. Mr. Lam added, he feels we do not want to be Plano or Richardson, adding, "there is a price to be paid for this semi-rural community, while the city is trying to grow". Mayor Fickes stated we have a weed problem in a lot of our areas. The City Council is not in a hurry to get this passed. Charlie Broadaway, 600 Bentwood, Southlake. the ordinance is an invasion of privacy. requirement be removed from the ordinance. Mr. Broadaway stated He recommends the mowing City Council Meeting Minutes December 17, 1991 page nine Aqenda Item # 7-F~ Continued Motion was made to table Ordinance No. 536, time 21, 1991 City Council Meeting. Motion: Wilhelm Second: Evans Ayes: Wilhelm, Evans, O'Brien, Hall, Emerson, Fickes Nays: None Approved: 6-0 vote (to table) certain January Aqenda Item #8-A~ Ordinance No. 480-62~ 1st readinq ZA 91-67 Ordinance No. 480-62, 1st reading, a zoning change requested by Robert Miron dba Miron Properties, Inc. This item was withdrawn at the request of the applicant. No action was taken. Agenda Item #8-B~ Ordinan6e No. 480-63~ 1st readinq~ (ZA 91-71) Ordinance No. 480-63, 1st reading (ZA 91-71), a zoning change request for a 1.8465 acre tract of land out of the William Winn Survey, Abstract No. 1660, Tract 1D. Current zoning is "AG" Agricultural with a requested zoning of "SF-1A", Single Family-lA. Owner/applicant is Thomas J. and Susan Joy Holbein. Greg Last, City Planner, presented Ordinance No. 480-63, stating thirteen (13) notices were sent to property owners within 200' and no written responses have been received. The City received two telephone inquiries. On December 5, 1991, the Planning and Zoning Commission recommended approval of the request by a 5-0 vote. No comments were received during the public hearing. Motion was made to approve Ordinance No. 480-63, 1st reading for a zoning change to Single Family SF-1A Zoning District. Motion: Emerson Second: Hall Mayor Pro Tem Wilhelm read the caption of the ordinance. Ayes: Emerson, Hall, O'Brien, Nays: none Approved: 5-0 vote Wilhelm, Evans Mayor Fickes was out of the room and did not vote on Item #8-B. City Council Meeting Minutes December 17, 1991 page ten Aqenda Item #8-C~ Ordinance No. 556~ 1st reading~ Amendinq Ord. 447 in regard to Master Plan/Land Use Plan. The City Manager, Curtis Hawk introduced this ordinance, explaining that the verbiage on the Master Plan/Land Use Plan displayed on the wall in the Council Chambers, and Ordlnane No. 447, necessitate the Thoroughfare Plan be adopted by ordinance. The proposed amendment will allow City Council to approve the various components of planning by minute order. Motion was made to approve Ordinance No. 556, 1st reading, amending Ordinance No. 447 in regard to the Master Plan/Land Use Plan. Motion: Emerson Second: Hall Mayor Pro Tem Wilhelm read the caption of the ordinance. Ayes: Emerson, O'Brien, Hall, Evans, Nays: None Approved: 5-0 vote Wilhelm Mayor Fickes was out of the room and did not vote for Item #8-C. Agenda Item #9-A~ Resolution No. 91-50~ appointments to Park and Recreation Board Resolution No. 91-50, was approved, term on the Park and Recreation Board, a member. The other opening will be filled at a later date. City Secretary was instructed to advertise for applications to position. Motion: Hall Second: O'Brien Ayes: Hall, O'Brien, Wilhelm, Emerson, Evans, Flckes Nays: None Approved: 6-0 vote naming Anne Barnes to another and adding Mike Thompson as The that Agenda Item #10-A~ Consideration of Thoroughfare Plan City Engineer, Eddie Cheatham presented the Thoroughfare Plan for consideration. A discussion was held in regard to Alternate Route 'A' and Alternate Route 'B', as shown on the map attached to the minutes of the meeting. Bubba Ragan, 1512 Rainbow, Southlake. Mr. Ragan was present for the meeting and is a land owner from the area described in Alternate Route A and B. Mr. Ragan stated they have more to loos' than anyone with this new alignment, not only their business, the family home site. City Council Meeting Minutes December 17, 1991 page eleven Aqenda Item~#10-A~ Continued Susan Evans, President, Timarron Land Development. MS. Evans stated she agrees with Council discussion, in that the shift over of Alternate B is an appropriate design for this road. She felt it is the maximum use of the existing right of way. This will have less impact on the individual land owners, and it shares the responsibility. There is a portion that will cross over on their property south of Continental Blvd. as you connect into Brumlow. Mike Barnes stated we will proceed with changing Ordinance No. 417, to coincide with the changes being made on the Thoroughfare Plan. Motion was made to approve the Thoroughfare Plan as presented, with the elimination of Alternate Route A, shifting Alternate Route B, to line UP with Carlisle Road. Motion: Wilhelm Second: Hall Ayes: Wilhelm, Hall, O'Brien, Emerson, Evans, Fickes Nays: None Approved: 6-0 vote. Agenda Item #10-B~ Consideration- Park Master Plan City Planner, Greg Last, presented the Park Master Plan to the City Council, stating there have been no significant changes to the Park Master Plan. Janet Murphy, Chaizl~an, Park and Recreation Board, was present to answer questions for Council. Mayor Flckes expressed that Council should be very careful that this study does not imply that Council is ready to spend 24 million dollars at this time. Councilmember Emerson stated we are very fortunate to have so much Corp property in our City that we can work with. Mr. Last added, they have talked with the Corp about first rights issue with the Corp property. Last stated he feels fairly sure that they will honor this. Greg Last was asked to look into Camp Burnett property. Mayor Fickes commended Janet Murphy for all her hard work Park Master Plan. on the Motion was made to approve the Park Master Plan, including the recommendation made by the Planning and Zoning Commission on November 21, 1991, items 1-3. Motion: Hall Second: Wilhelm Ayes: Hall, Wilhelm, O'Brien, Emerson, Evans, Fickes Nays: None Approved: 6-0 vote City Council Meeting Minutes December 17, 1991 page twelve Agenda Item %10-C~ Southlake Joint Venture Facilities. Agreement for Drainage Michael Barnes, Director of Public Works, explained the agreement stating the City is requesting the Highway Department to include a multiple box culvert in their construction plans of F.M. 1709 and to vacate and deed back to Southlake Joint Venture that portion of the drainage easement which is not needed for the location of the box culvert. Southlake Joint Venture has paid for the design of the plans and is committing to pay for the box culvert at an estimated cost of $115,000, when Chevron purchases the tract at the southeast corner of F.M. 1709 and F.M. 1938. If Chevron does not purchase the property by May 1, 1992, Southlake joint Venture will pay the $115,000 cost of the box culvert or the City will have to request the Highway Department to remove the box culvert from their construction plans. If this agreement is approved, Mr. Barnes indicated he would write a letter to the State Highway Department and asked them to include the box culvert in their contract. Motion was made to approve the agreement with Southake Joint Venture concerning the box culvert. Motion: Wilhelm Second: Emerson Ayes: Wilhelm, Emerson, O'Brien, Hall, Evans, Flckes Nays: None Approved: 6-0 vote Aqenda Item #10-D and #10-E~ S-2 Sewer Line Agreement/Engineerinq Contract with Cheatham & Associates Michael Barnes, Director of Public Works, noted that the details of the pro rate share of the S-2 Sewer Line Agreement and the Contract with Cheatham and Associates for S-2 engineering have not been completed. He asked that Council not take action of these items. The items will be presented on January 21, 1992 for consideration. Agenda Item #12, Adjournment The meeting was adjourned. Motion: Hall Second: Wilhelm Ayes: Hall, Wilhelm, O'Brien, Emerson, Evans, Fickes Nays: None Approved: 6-0 vote