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1991-10-01 CITY OF SOUTHLAKE 667 N. Carroll Avenue REGULAR CITY COUNCIL MEETING October I, 1991 7:00 p.m. MINUTES COUNCILMEMBERS PRESENT: Mayor, Gary Fickes; 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; Michael Barnes, Director of Public Works; Lou Ann Heath, Director of Finance; Karen Gandy, Zoning Administrator; Greg Last, City Planner; Don Wilson, Deputy Director of Public Safety, Fire Services; Eddie Cheatham, City Engineer; Chris Terry, Assistant to City Manager; Wayne Olson, 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 7:00 p.m. Aqenda 1-B~ Executive Session The Mayor 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 7:05 p.m. Council returned to open session at 7:20 p.m. Aqenda Item i-C, Reconvene/ 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. City Council Minutes October 1, 1991 page two Aqenda Item #2~ Approval of Minutes Motion was made to approve the Minutes of the Regular City meeting of September 17, 1991 as corrected. Motion: Wilhelm Second: Farrier Ayes: Wilhelm, Farrier, Evans, Nays: None Abstentions: Emerson and Fickes Approved: 5-0-2 Hall, O'Brien Council Aqenda Item #3, Mayor's Report Mayor Gary Fickes thanked Bob Dowdy and Cora Lee Brannon for serving as co-chairpersons of the Capital Improvements Task Force and for the excellent Job they are doing. The Mayor announced from October 23-26, the Annual Texas League Conference will be held in Fort Worth this year. Councilmembers to attend if at all possible. Municipal He urged Mayor Fickes noted a letter he received from Andy Higgins commending the Police Department for an excellent job while responding to a call she had placed. Councilmember Sally Hall reported on Teen Court, noting that another meeting was held last night and Ralph Hopkins volunteered to serve as coordinator. The next meeting will be held on October 14, at 6:00 p.m. at City Hall. Mayor Fickes made a brief report on the trip to Toyoma, Japan, in conjunction with the Sister City Program. He stated those who attended gained a lot from the trip in regard to cultural and educational value. Aqenda Item #4, City Manqer's Report No comments were made during the City Manager's Report. Aqenda Item #5, Consent aqenda The consent agenda consisted of the following item: 5-A. Permission to advertise for mid-size PU truck for the Building Official. City Council Minutes October 1, 1991 page three Aqenda Item #5, continued Motion was made to approve the consent agenda as presented. Motion: Farrier Second: O'Brien Ayes: Farrier, O'Brien, Evans, Emerson, Wilhelm, Hall, Fickes Nays: None Approved: 7-0 vote Aqenda Item #6, Public Forum There were no comments during the public forum. Aqenda Item #7-A, Ordinance No. 546, 2nd readinq Speed Limits in School Zones. Ordinance No. 546, 2nd reading, is an ordinance establishing speed limits in school zones. The City Manager informed Council of the need for Ordinance No. 546, expressing this ordinance is a stop-gap ordinance and will need to be changed in the near future. Director of Public Safety Campbell noted the school has changed their times and therefore the City needs to change the ordinance. The public hearing resulted with no comments. Motion was made corrected. Motion: Farrier Second: Emerson to approve 2nd reading of Ordinance No. 546, as Mayor Fickes read the caption of the ordinance. Ayes: Farrier, Evans, Nays: None Approved: 7-0 vote O'Brien, Emerson, Hall, Wilhelm, Fickes Aqenda Item #8-C, ZA 91-56, Final plat of Lots 1 & 2, Father Joe Addition. The Final plat of Block 1, Lots 2 & 3, 9.355 acre tract of land out of the J.J. No. 521, northern portion of Tract 8Al. Johnson. Father Joe Addition, is a Freshour Survey, Abstract Owner/applicant is Derrell Karen Gandy, Zoning Administrator, noted on September 19, 1991 the Planning and Zoning Commission recommended approval of the final plat subject to the staff review summary dated September 19, 1991 and the revised comments dated September 27, 1991. City Council Minutes October 1, 1991 page four Aqenda Item #8-C, Continued Derrell Johnson was present to answer questions for Council. Motion was made to approve ZA 91-56, final plat, subject to the staff review summary dated September 27, 1991. Motion: O'Brien Second: Hall Ayes: O'Brien, Hall, Wilhelm, Farrier, Evans, Emerson, Fickes Nays: None Approved: 7-0 vote Aqenda Item #8-A, Ordinance No. 480-59, 1st readinq (ZA 81-52) Ordinance No. 480-59, is a zoning change request for 128.33 acres out of the W.E. Crooks Survey, Abstract No. 295, Tract 2 and the Hall Medlin Survey, Abstract No. 1038, Tracts 2,2A, and 2B. The current zoning is "SF-20A" Single Family-20A Residential with a requested zoning for "PUD" Planned Unit Development. Owner/Applicant is Charles Young and Larry Cole, dba The Hills of Monticello. Mrs. Gandy, Zoning Administrator, noted the request has been amended for 126.94 acres (excluding the "C-i" lot on the corner). Gandy stated thirteen (13) notices were sent to property owners within 200' and one response has been r~ceived from Dee Irvin, who is opposed to the request. On September 5, the Planning and Zoning Commission voted to recommend the request subject to the staff summary review letter dated September 19, 1991 and the revised letter dated September 27, 1991. Mayor Pro Tem Wilhelm stated about one and one/half years ago he represented a shareholder in this development and has not represented him since. He stated he has had nothing to do with this development during any of these stages and does not feel he is disqualified from a legal standpoint, or from any other standpoint and is going to continue to sit on this situation and is going to continue to vote on this issue. Wilhelm suggested at some point, the city adopt ordinance. Larry Cole noted the private road electronic gate and will not be manned. a private road will have an Mr. Cole stated he is not changing any lot sizes, the requested change is for about one half of the lots, in order to maximize the privacy on the rear lots. A copy of the letter from Mr. Cole to Council is hereby incorporated into the minutes of the meeting. No public comments were received. City Council Minutes October 1, 1991 page five Aqenda Item #8-A, Continued Motion was made 1st reading. Motion: Emerson Second: Wilhelm to approve Ordinance No. 480-59 as presented, for Mayor Fickes read the caption of the ordinance. Ayes: Emerson, Wilhelm, Hall, O'Brien, Nays: None Approved: 7-0 vote Farrier, Evans, Fickes Aqenda Item #8-B, ZA 91-53, Revised Final Plat Hills of Monticello ZA 91-53, is a revised final plat for a 45.896 acre tract of land out of the W.E. Crooks Survey, Abstract No. 295 and Hall Medlin Survey, Abstract No. 1038. Owner/Applicant is Charles Young and Larry Cole dba The Hills of Monticello. Karen Gandy, Zoning Administrator stated the revised plat and revised staff review summary dated September 27, 1991 are in the packets. Motion was made to approve ZA 91-53, subject to the staff review summary letter dated September 27, 1991. Motion: Farrier Second: Evans Ayes: Farrier, Evans, Hall, O'Brien, Wilhelm, Nays: None Approved: 7-0 vote Emerson, Fickes Aqenda Item #8-D, ZA 91-57, Plat Showinq for Lots 1 & 2 Hall Medlin No. 1038 Addition. ZA 91-57 is a Plat Showing for Lots 1 & 2 Hall Medlin No. 1038 Addition, being a 6.039 acre tract of land out of the Hall Medlin Survey, Abstract No. 1038. Current zoning is "C-2" uses in Residential P.U.D. Owner/Applicant is Timarron Land Corporation. Zoning Administrator, Karen Gandy stated three (3) notices were sent to property owners within 200' with no responses received. On September 19, 1991, the Planning and Zoning Commission recommended approval of ZA 91-57 by a 5-0 vote, subject to the September 13, 1991 summary review letter. The revised plat and summary review letter dated September 27, 1991 are in the packets. Susan Evans, president of Timarron Land Corporation was present for the meeting to answer questions for Council. Don Allen with City Council Minutes October 1, 1991 page six Aqenda Item #8-D, Continued Carter & Burgess was also present. Motion was made to approve ZA 91-57, subject to the staff review summary dated September 27, 1991. Motion: Emerson Second: Farrier Ayes: Emerson, Farrier, O'Brien, Hall, Evans, Wilhelm, Fickes Nays: None Approved: 7-0 vote Aqenda Item #9-A, Resolution No. 91-44, request for variance to the Masonry Ordinance. Resolution No. 91-44 is a request for variance to the Masonry Ordinance requested by Timarron Land Corporation. Dennis Jerke with Carter & Burgess was present to explain the request. Jerke indicated they are looking at using clappered siding, wood stained with metal roofing. They plan to use a "19th Century Texas Countryside" theme for the project. Frank Welsh, architect with Timarron stated they will also include masonry but do not want to go with 80% masonry. The concept is they are in a park like setting, however, when people remember the buildings, they will remember masonry. The developers would like to hold the unique quality of Southlake in this project. Mayor Pro Tem Wilhelm asked if the variance would be for all areas of the project. He is reluctant to issue a variance in the commercial areas. Council asked the Developers to come back with artists rendering of the buildings. Motion was made to table Resolution No. 91-44, continuing discussion during the first meeting in November. Motion: Farrier Second: Evans Ayes: Farrier, Evans, Hall, 0'Brien, Emerson, Nays: None Approved: 7-0 vote Wilhelm, Fickes the It was noted the Developers do not have a problem with continuing this item until the first meeting in November. City Council Minutes October 1, 1991 page seven Agenda Item #10-A, Agreement with DalDen Corp. for Water and Sewer No action was taken in regard to the agreement with DalDen Corporation for water and sewer service. Agenda Item #10-B, Developers Agreement for Timarron Addition Michael Barnes, Director of Public Works presented the Developers Agreement for Timarron Addition, stating there are three (3) items of concern that Timarron is proposing that differ from the City's standard developers agreement, including: Payment and performance bonds, 3% inspection fee; and delay payment of Park fees until January 1, 1992. A copy of the memorandum dated September 27, 1991 from Mr. Barnes is hereby incorporated into the minutes of the meeting. Councilmember Sally Hall asked for sidewalks to be added in the subdivision in order for children to be able to walk to school, therefore eliminating the need for bussing. Councilmember Emerson stated requiring the bonds, however, voting for something that is Attorney. he does not have a problem with not he stated he would have a hard time going against the advice of the City Motion was made to approve the Developers Agreement of Tlmarron, Phase I as presented, subject to the modification of Paragraph l-C, to require the payment and performance bond pursuant to Article 5160 V.T.C.S. Motion: Wilhelm Second: Emerson Ayes: Wilhelm, Emerson, Hall, O'Brien, Farrier, Evans, Fickes Nayes: None Approved: 7-0 vote Council adjourned for recess at 9:50 p.m. Council returned to open session at 10:05. Agenda Item #10-C, Award bid for moving TNB Building Mayor Gary Fickes and Councilmember Barry Emerson stepped down for this item, noting conflict of interest as they are affiliated with TNB. Director of Public Works, Michael Barnes outlined the process to date in regard to the award of bid for relocating Texas National Bank building to Bicentennial Park. Council rejected the bid as it was extremely high, and authorized the staff to negotiate bids for the foundation and moving the TNB building. City Council Minutes October 1, 1991 page eight Aqenda Item #10-C, Continued Three quotes were received from area movers to move the building. National Rigging, Inc. was low at $19,250., with blocking to be an additional $1,500. DFW Movers & Erectors, Inc. bid $500. to move the safe. Motion was made to accept the bid from National Rigging, Inc. to move the TNB Building, plus blocking, and to DFW Movers & Erectors, Inc. to move the safe. Motion: Farrier Second: Evans Ayes: Farrier, Evans, O'Brien, Hall, Wilhelm Nays: None Approved: 5-0 vote Aqenda Item #10-D, Award of Bid for Construction of Foundation of TNB Buildinq at Bicentennial Park Mayor Fickes, Councilmembers Emerson and Farrier stepped down for this item, naming conflict of interest for them to participate by voting. Michael Barnes, Director of Public Works stated that two (2) quotes were received for completing the construction of the foundation of the Texas National Bank Building at Bicentennial Park. Lemke Concrete Construction at a cost not to exceed $10,000 and Wright Construction Company for $14,565. The original estimate for the foundation was $10,000. Motion was made to approve award of the bid to Lemke Concrete Construction to construct the foundation for the TNB building at Bicentennial Park. Motion: Hall Second: Evans Ayes: Hall, Evans, O'Brien, Wilhelm Nays: None Approved: 4-0 vote Mayor Pro Tem Wilhelm stated the City Council appreciates the contribution that Lemke Construction, Wright Construction, and DFW Movers are giving to the City. Mayor Fickes, Councilmembers Emerson and Farrier returned to the Council table. Aqenda Item #8-E, Ordinance No. 544, Landscape Ordinance. City Planner, Greg Last gave a brief summary of the proposed Landscape Ordinance No. 544. This item will be going to Planning and Zoning on October 3, and back to Council for October 15, 1991. City Council Meeting October 1, 1991 page nine Aqenda Item #Ii-A, S-2 Sewer Line Michael Barnes, Director of Public Works stated for several months the Cities of Southlake, Keller, Keller ISD, John Drews Realty, and Myers Meadow developers have been discussing the possibility of constructing the S-2 sewer line. A copy of the memorandum from Barnes is hereby incorporated into the minutes of the meeting. Curtis Hawk, City Manager, indicated staff would bring back a plan to Council for consideration in the near future. Mayor Fickes left the meeting as he was ill. Aqenda Item #ll-B~ Subdivision Requlations relatinq to accessory buildinqs Karen Gandy, Zoning Administrator presented a request from John Levitt on behalf of his client, John Newman, who operates a gas testing equipment Company. The issue of plating prior to the issuance of a building permit for a proposed 20'X22' accessory building was discussed. John Levitt, 726 Commerce Street, Southlake, came before Council and explained the situation. It was determined that Staff is to come back to City Council with amendments to the subdivision ordinance regulating accessory uses in nonconforming uses. Aqenda Item ll,#C and #D, Proposed Schedules for Park Master Plan and Thorouqhfare Plan The City Manager presented a proposed schedule for Joint meetings of the City Council, Planning and Zoning Commission, Road Task Force, and Park Board, for the consultants presentations for both the Park Master Plan and the Thoroughfare Plan. City Planner, Greg Last, made a brief presentation on the Park Master Plan. Aqenda Item #12, Adjournment ~-~ayor G~ry F~k~s · Sandra L. LeGrand City Secretary