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1989-05-02 CITY OF SOUTHLAKE 667 N. Carroll Avenue Regular City Council Meeting May 2, 1989 7:30 p.m. PRESENT: Mayor, Johnny H. Westerholm; Councilmembers: Betty Springer, Sally Hall, Jim Wooll, Ralph Evans and Pamela Muller. CITY STAFF PRESENT: City Manager, Curtis E. Hawk; Director of Public Works, Bill LeGrand; Eddie Cheatham, City Engineer; E. Allen Taylor, City Attorney; and, Karen Gandy, zoning department made presentations on zoning. INVOCATION: Ralph Evans A work session was held beginning at 6:30 p.m. for the purpose of reviewing agenda items for tonight's meeting. Agenda Item #2. Approval of Minutes The minutes of the Special City Council Meetings and April 24, 1989, were approved as presented. Regular City Council meeting held on April 18, 1989 approved. Motion was made to approve the minutes as stated above. Motion: wooll Second: Evans Ayes: Wooll, Evans, Hall, Springer and Muller Nays: None Approved: 5-0 vote held on April 20, The Minutes of the were also Agenda Item #3 Mayor's Report Mayor Westerholm began by stating that absentee voting for the General election to be held on May 6, 1989, ended today at 5:00 p.m. with a record 102 votes being cast. A proclamation was read in honor of Girl Scout Troop ~1400. The troop was responsible for cleaning up three different city streets in a three (3) year time frame. Mayor Westerholm presented a proclamation to each young lady present in appreciation from the city. Mr. George Kay, 1336 Meadow Glen, presented the city council with a petition signed by 167 homeowners, mostly from Cross Timber Hills area of the city. The petition urged the city council to enforce the ordinances of the city and also to cut down on the high costs of litigation expenses. City Council Minutes May 2, 1989 page two Agenda Item #4. City Manager's Report Curtis E. Hawk, city manager, informed members of the audience that on June 3, the city police department will be holding an auction, where they will be disposing of some city vehicles, and other items that they are authorized to auction off. Mayor Pro Tem Springer commented on the petition which was presented earlier by Mr. Kay. She stated as it was not an agenda item, no action could be taken during this meeting, however, council does concur with the items stated in the preamble of the document. Agenda Item #5 Consent Agenda Item Agenda Item ~5. Resolution 89-26. Continuing Resolution No. 89-05 for sixty (60) days. Providing for the administrative freeze on building permits on certain properties. Motion was made to approve the consent agenda as stated above. Motion: Muller Second: Hall Ayes: Muller, Hall, Wooll, Evans, and Springer. Nays: None Approved: 5-0 vote Agenda Item #8. Request for variance. Express Concrete. A request for a variance to Ordinance No. 435, Noise Control, was made by Express Concrete, 1635 Brumlow Avenue. Tom Evans, general manager of Express Concrete was present and explained the request to the council, stating, they are not in opposition to Ordinance No. 435, they very much believe in it. They feel they are operating within the perimeters of the ordinance and take extra efforts to be responsible, to reduce their noise. He continued to say, they proceed on Brumlow Avenue, going right out to Highway 26 and they do not go into the residential environment. Mayor Westerholm stated that on March 9, 1988, Evans wrote the city a letter, making this same request. On March 22, 1988, Mayor Westerholm replied to them, stating the request was denied. Since that time, they have proceeded to operate at night anyway. City Council Minutes May 2, 1989 page three Agenda Item #8 Continued, request for variance City Manager, Curtis Hawk explained that he felt he could not change the ordinance and the request did not meet the qualifications necessary for him to grant the variance. Mr. Evans stated he felt the city allowed Express Concrete to operate an industrial use in that area and they are not in violation of the intent of the ordinance. He stated they are running 15 to 17 trucks at night for as many as 150 trips each night. PUBLIC COMMENTS: Eli Milton- 1680 South Brumlow. His house is 400 feet west of the concrete plant. He works in the day time and sleeps at night and he cannot do this. He has a wife and two small children who also cannot sleep at night. With the condition of the street, it is impossible for the trucks to be quite. The main point he is trying to make is, there is a noise ordinance and his family would appreciate the enforcement. Wanda Stowe- 1710 South Brumlow. She has lived there for 22 years, long before the concrete plant was there. She referenced the agreement between the city and the concrete plant, where they can only have six trucks at any one time on the property. She stated, it is impossible to sleep. Gravel dumping is the worse thing. Bill Stowe- 1710 South Brumlow. He is very much against the noise. They were there first, and they also pay taxes. Lemoine Wright- 1640 South Brumlow. He lives 400 to 500 feet from the plant. He also has two small children and the whole family is disturbed. When they load the feeding bend, it bumps loudly on each load. They are on a time schedule, bu the property owners should not have to suffer for their schedule. They have shown disregard for the residences on the street, should not have to suffer for there schedule. Joe Wright- 1640 South Brumlow. He referenced the agreement between the city and the concrete plant. The agreement was for six trucks. The property owners in the area have never complained about the company working late hours, but starting at 11:00 p.m. is unreasonable. The company does not have a hauling problem, they have a batching problem. City Council Minutes May 2, 1989 page four Agenda Item #8 Continued. Request for variance Tim Farmer- North of Tiffany Acres on Davis Blvd. He is in support of these residents. He urges the city to not loosen the ordinance but to tighten up on it. Kathy Farmer- North of Tiffany Acres on Davis Blvd. The drivers are only interested in a pay check. She asked council to support these residences. Cotton Thompson- 1363 South Brumlow Avenue. When they unload the trucks, the dust flies, they choke on the dust all the time. The paint on his car is ruined and he has had to put in two air conditioning units on his house because of the dust. Mayor Westerholm asked if they are delivering supplies at night, and Mr. Evans answered the supplies are being replenished in the early morning hours. Mr. Westerholm asked them what was the compelling reasons to not set up an on-site batch plant at the airport? Mr. Evans answered, the option was not open to the company. They have 14 more nights to pour during the month of June. Mayor Pro Tem Springer stated city council cannot grant a variance to this ordinance. She cannot support such a request. Certainly the residences that have lived here for 25-30 years have some rights. The city attorney stated that the ordinance would have to be amended in order to provide something where the city council could act on this matter. Councilmember Hall stated, zoning has been hard on city council this year in regards to residential next to industrial. The noise ordinance has been hard to enforce. She thinks we have finally come upon a solution for that and that the problems faced by other citizens on the exact same issue and the appeals that have gone by the way side will not go by the way side anymore. As a City Councilmember, she is very upset for the citizens of this community who have had to endure what she considered as a very normal way of life, they have as much right if not more to be able to sleep at night. She feels that as responsible businessmen, they should seek absolutions and to find another place to create this noise. Why can't they put a temporary batch plant at the airport, they are used to this noice, considered as a very normal way of life, they have as much right if not more to be able to sleep at night. She feels that as responsible businessmen, they should seek absolutions and to find another place to create this noise. Why can't they put a temporary batch plant at the airport, they are used to this noise. City Council Minutes May 2, 1989 page five Agenda Item #8 continued Mrs. Hall stated, she sees this multiplying and she does not feel they have that right to disturb people, to ruin their cars and their homes. She does not feel this variance should be given. Mayor Westerholm stated city council cannot give a variance. City Council does not seem to be in favor of amending the ordinance as requested. We have an ordinance, you know what it says, live within it. No action was taken on this issue. Agenda Item #6. Ordinance NO. 334-57. Zoning Request MCI Ordinance No. 334-57, 1st reading, a zoning request for a 1.097 acre tract of land out of the W.M. Mills Survey, Abstract No. 877 (Denton County) and the W.M. Mills Survey, Abstract No. 1086 (Tarrant County) is a request for a zoning change from Agricultural, to the Community Service Zoning District. The owners, applicants are MCI Telecommunications. A presentation was made by Karen Gandy of the zoning department. She stated there were no responses from property owners within 200'. This property was annexed into the city in December, 1988 as agricultural zoning and the structures were built prior to annexation. Public Hearing: Paul Guesller- MCI, explained the project and what it does. He stated that this is part of a back-bone system which starts in Irving and is looped around the country. The reason for the zoning request is to get the property out of the non-conforming use status. Mayor Pro Tem Springer read the caption of the ordinance as required by city charger. Motion was made to approve Ordinance No. 334-57, Motion: Wooll Second: Evans Ayes: Wooll, Evans, Hall, Springer and Muller Nays: None Approved: 5-0 vote 1st reading. City Council Minutes May 2, 1989 page six Agenda Item #7. ZA 89-13. Replat of North Davis Business Park ZA 89-13, a replat of Block B, Lot 1, North Davis Business Park, making Block B, Lots 1R and 4R, was requested by North Davis Business Park Joint Venture. The presentation was made by Karen Gandy of the zoning department. Mr. Terry Sisk, owner, 7616 Overland Trail, commented that each lot will be 3/4 acre when divided. Colleyville, The septic system and percolation tests were discussed. Councilmember Muller asked the public works director to comment on the septic system. Bill LeGrand replied that the Tarrant County Health Department controls the septic system inspections and the developer must comply with state and county standards. Public Comments: June Haney, Brock Drive commented on the outside storage at DPW Plumbing already within the addition. Councilmember Muller expressed concern over the use of septic systems on smaller than one acre lots. Motion Was made to approve the replat as staff and the Planning and Zoning Commission, like to encourage reasonable small industry. Motion: Wooll Second: Evans Ayes: wooll, Evans, Hall, Springer. Nays: Muller Approved: 4-1 vote recommended by city also, that he would Agenda Item #9. Public Forum There were no comments during the public forum. City Council Minutes May 2, 1989 page seven A five minute recess was held at this time. Agenda Item #10. Executive Session An executive session was held pursuant to the Open Meetings Law, Article 6252-17, Section 2(e), under the provision dealing with Litigations and Personnel. (refer to posted list of litigations and personnel). Mayor Westerholm stated the reason for the executive session is for Council to discuss pending or contemplated litigations and personnel matters, including Boards and Commissions. At 9:25 p.m. Council convened in executive session. Agenda Item %11 and %12, Action Necessary Council reconvened in open session at 10:32 p.m. Mayor Westerholm stated that no action is necessary as the closed session on agenda Item %11 and %12. Agenda Item %13. Adjournment Motion was made to adjourn the meeting at 10:35 Motion: Second: Ayes: Nays: Approved: Springer Muller Springer, Muller, Evans None 5-0 vote. Jo~n~;~h~f.~W%~t~rholm Ma~or ~andra L. LeGrand City Secretary a result of CITY OF SOUTHLAKE, TEXAS REGULAR CITY COUNCIL MEETING MAY 2, 1989 LOCATION: 667 North Carroll Avenue, Southlake, Texas City Council Chambers of City Hall WORK SESSION: 6:30 P.M. 1. To discuss all agenda items for tonight's meeting. REGULAR SESSION: 7:30 P.M. 1. Call to order. Invocation. 2. Approval of the Minutes of the Special City Council Meetings of April 20, 1989 and April 24, 1989. Also, the Minutes of the April 18, 1989 Regular City Council meeting. 3. Mayor's Report. 4. City Manager's Report. CONSENT AGENDA All items listed below are considered to be routine by the City Council and will be enacted with one motion. There will be no separate discussion of items unless a Councilmember or citizen so requests, in which event the item will be removed from the general order of business and considered in its normal sequence. 5. Consider: Resolution 89 -26. Continuing Resolution 89 -05 for sixty (60) days. Providing for the Administrative Freeze on building permits on certain properties. REGULAR AGENDA 6. Consider: Ordinance No. 334 -57. 1st reading. (ZA 89 -10). A zoning request for a 1.097 acre tract of land out of W.M. Mills Survey, Abstract No. 877 (Denton County) Abstract No. 1086 (Tarrant County). Current zoning is Agricultural, request is for the Community Service Zoning District. Owners: MCI Telecommunications. Location: 3400 Block of North White Chapel Blvd. Legal Description: Lot 1, Blk A, Oien Subdivision. Public Hearing. City Council Agenda May 2, 1989 page two 7. Consider: ZA 89 -13. Replat of Block B, Lot 1, North Davis Business Park, making, Block B, Lots 1R and 4R, North Davis Business Park. 8. Consider: Request for a variance to the Noise Control Ordinance No. 435. Request made by Express Concrete. 9. Public Forum. 10. EXECUTIVE SESSION: Pursuant to the Open Meetings Law, Article 6252 -17, Section 2(e), under the provision dealing with Litigations and Personnel. (refer to posted list of litigations and personnel) A. Discussion: Pending or contemplated litigations. (refer to posted list) B. Discussion: Personnel matters, including Boards and Commissions (refer to posted list) C. Return to Open Session. 11. Consider: Action necessary in regards to pending or contemplated litigations. (refer to posted list) 12. Consider: Action necessary in regards to personnel, including Boards and Commissions (refer to posted list) 13. Meeting Adjourned. I hereby certify that the above agenda was posted on the official bulletin board at city hall, 667 North Carroll Avenue, Southlake, Texas, on Friday, April 28, 1989 at 3:00 p.m. pursuant to the Open Meetings Law, Artic1- 6252AW'�70B .S. an• a L. LeGrand City Secretary '✓ .. . °� H W H CI) w , U w C II W E-, it C \ d d o I -i 1 7 Att. Po 6 LI Z H fp oP U a 5 '60 k.0 OP 0 1.11 0 . A H H W \ 1 .. 4.. .N.., , z . -, i i T H \J Ito c ' . 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