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1989-07-18 CITY OF SOUTHLAKE 667 N. Carroll Avenue REGULAR CITY COUNCIL MEETING July 18, 1989 7:30 p.m. Present: Mayor, Gary Fickes; Mayor Pro Tem, Betty Springer. Councilmembers: Rick Wilhelm, Ralph Evans, Sally Hall. Councilmember Absent: Pamela Muller City Staff Present: Curtis E. Hawk, City Manager; Billy Campbell, Police Chief; R.P. Steele, Fire Chief; Renee' Wheeler, Finance Officer; Karen Gandy, Zoning Administrator; E. Allen Taylor, City Attorney; and, Eddie Cheatham, City Engineer. 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. A~enda Item #2. Approval of Minutes The Minutes of the July 5, Regular approved as presented. Motion: wilhelm Second: Evans Ayes: Wilhelm, Evans, Springer Nays: None Abstention: Hall Approved: 3-0-1 vote City Council Meeting were The Minutes of the July 10, approved as presented. Motion: Evans Second: Springer Ayes: Evans, Springer, Hall Nays: None Abstention: Wilhelm Approved: 3-0-1 vote Special City Council Meeting were A~enda Item #3 Mayor's Report Mayor Fickes proclaimed the week of August 1-7 as "Clown Week" in a proclamation which he read. City Council Minutes July 18, 1989 page two A~enda Item #4. City Manager's Report Curtis Hawk, City Manager stated that the department reports were in the packets, if their are any questions, the department heads are available to answer questions. Hawk reported that at 75% through the Fiscal Year 1989 Budget, their has been 72% expended. The sales tax receipts indicate that the city will be staying within the budget in that area. Tarrant County is now working on the South Carroll Avenue street reconstruction project. Councilmember Hall asked questions in regards to the stop sign on Kimball Avenue and Hwy 114. She stated she has a major concern with school approaching. She also noted a stop sign near the high school which has been decorated with a boy's name on it. She asked that the name be removed from the sign if possible. Mayor Pro Tem Springer questioned the number of appeals as reported on the court report. Judge Brad Bradley was in the audience and stated that historically the appeals are 10% or under. Agenda Item #5. Southlake Economic Development Council. Barry Emerson, chairman of the Southlake Economic Development Council, was present and introduced other members who were in attendance, including: Marvin Cook, treasurer, Brad Bradley, past president, Phyllis Catton and Virginia Clow members. Mayor Gary Fickes and Councilmember, Rick Wilhelm are also members. Bradley explained that 1989 projects for the council include: 1) A five minute video of Southlake, to be prepared by TU Electric for a cost not to exceed $500.00, 2) A draft plan on tax abatements and tax incentives, and, 3) Develop an executive summary of an economic profile. Projects planned for 1990 include: 1) A timetable for FM1709 construction that will be kept on schedule, 2) Encourage development for areas that will promote sewer. A report was presented to the City Council members, with a copy to the City Secretary for public review. City Council Minutes July 18, 1989 page three A~enda Item ~6. Replat Southlake Park Estates The replat of Block 1, Lots 1,2,3 Southlake Park Estates making Lot 1R of Block 1, was discussed. A presentation was given by Karen Gandy, Zoning Administrator, who located the property on the plat for Council. Owner, Paxton Vaught was present to answer questions for the council. Motion was made to approve the replat as presented. Motion: Wilhelm Second: Evans Ayes: Wilhelm, Evans, Springer and Hall Nays: None Approved:4-0 vote A~enda Item #7. Ordinance No. 334-61, 2nd readin~ The zoning requested by Terry wilkinson was considered in second reading. The property located in the Hall Medlin Survey, Abstract No. 1038, is a 5.681 acre tract of land. A presentation was made by Karen Gandy, Zoning Administrator, who stated that a courtesy letter was also sent to the City of Colleyville, and we received no responses. Motion was made to approved Ordinance No. 334-61, 2nd reading, as presented. Mayor Fickes read the caption of the ordinance as required by city charter. Motion: Evans Second: Hall Ayes: Evans, Hall, Nays: None Approved: 4-0 vote Springer, Wilhelm A~enda Item #8. Pre. Plat of wilkinson Addition The preliminary plat of Wilkinson Addition was presented to Council. A presentation was made by the Zoning Administrator, Karen Gandy, who noted that three letters were sent to property owners within 200', with no responses. The Planning and Zoning Commission waived the need to plat the entire 37 acre tract due to future development. City Council Minutes July 18, 1989 page four Agenda Item #8 Continued Mayor Fickes had a concern with the septic system being so close to Big Bear Creek. Mr. Wilkinson stated that the system will be several hundred feet from Bear Creek. It was noted that before the final plat approval, the city will need a letter from the electric company in reference to the 15' easement. Motion was made to approve the preliminary Addition, ZA 89-21. Motion: Springer Second: Evans Ayes: Springer, Evans, Hall, Wilhelm Nays: None Approved: 4-0 vote plat of Wilkinson Agenda Item #12 Executive Session An executive session was held pursuant to the Open Meetings Law, Article 6252-17, Section 2(e) and 2(g), under the provision dealing with Litigations and Personnel. (Refer to posted list of litigations and personnel). Mayor Fickes stated the reason for the executive session is for Council to discuss pending or contemplated litigations and personnel matters, including Boards and Coramissions. Council adjourned to executive session at 8:15 p.m. Council reconvened into open session at 9:30 p.m. Agenda Item #13 and #14 Action Necessary Mayor Fickes stated that no action is necessary as a result of agenda items #13 and #14. Agenda Item #15 Appointment of Director of Public Works City Manager, Curtis E. Hawk, stated that in accordance with Section 4.01 of the City Charter, he is recommending Michael Barnes as his choice for Director of Public Works. Mr. Hawk gave a brief review of the qualifications of Mr. Barnes. City Council Minutes July 18, 1989 page five Agenda Item #15 Continued Motion was made to approve the recommendation of the City Manager, by the appointment and employment of Michael Barnes as Director of Public Works. Motion: Springer Second: Hall Ayes: Springer, Hall, Wilhelm and Evans Nays: None Approved: 4-0 vote Agenda Item ~10. Public Official, Liability Insurance Curtis E. Hawk, City Manager, gave a overview of the city's public official and liability insurance coverage. Marvin Cook, submitted an informational letter on the subject, which is attached to the minutes. Motion was made to approve the public official authorize the Mayor to sign the proper binder. Motion: Hall Second: Springer Ayes: Hall, Springer, Evans and Wilhelm Nays: None Approved: 4-0 vote insurance and Agenda Item ~11. Public Forum Henry Frost- Vibra Whirl Company Mr. Frost reference the history of Vibra whirl and CityWide Fuel in Southlake, both on Brumlow Avenue. Adding that CityWide Fuel lost its "grandfather" rights for a fuel terminal when they filed foreclosure in January 1989. Vibra Whirl Company has paid attorney fees of over $12,000, while attending all Planning and Zoning Commission Meetings and City Council Meetings over the past several months. He referenced the proposed Industrial-3 district in the new proposed zoning ordinance, and how it had been taken out. Frost stated they have no further recourse, and the City Council is their last hope to operate the property as a fuel terminal. They do not want to be one of our law suits, however, there is a flavor of discrimination as a result of the Planning and Zoning meetings. City Council Minutes July 18, 1989 page six Agenda Item #11 Continued They want to do business in Southlake and be good neighbors. They asked that City Council leave them an avenue to pursue. have 2.65 acres of land. They Mayor Pro Tem Springer stated she did not want to get into an argument with Frost, however, she disagree's that the city has singled out Vibra Whirl for discrimination. She added that she has never heard anyone make so much as a comment against them. Jim Martin- 768 Bandit Trail, Colleyville Mr. Martin stated during the rains, the gravel washed away his driveway on Randol Mill Avenue. He stated, he would like to have it repaired. Mayor Pro Tem Springer congratulated Karen Gandy on her promotion as Zoning Administrator. She also commended her on the presentations made during the City Council and P & Z meetings, stating their have been other positive comments on them. Springer questioned the progress being made on our delinquent tax collections. Allen Taylor, City Attorney, replied that he would have a report ready for the next city council meeting. Curtis Hawk was asked to report on the status of the Technical Review Committee during the next city council meeting. Councilmember Wilhelm asked for an update on the status of the sewer line agreement with City of Colleyville, along Big Bear Creek. Agenda Item #9 New Proposed Zoning Ordinance No. 480 A discussion was held in regards to the new proposed zoning ordinance by the City Council members present. A listing of the corrections are attached to the minutes. Councilmember Sally Hall left the meeting at 11:00 p.m. City Council Minutes July 18, 1989 page seven A~enda Item #16. Adjournment Mayor Fickes polled council in regards for a work session date, in order that council can continued to work toward completion of the new proposed zoning ordinance. It was decided that council would meet in work session on Monday, July 24, 1989 at 7:00 p.m. Motion was made to adjourn the meeting. Motion: Evans Second: Wilhelm Ayes: Evans, Wilhelm, Springer and Hall Nays: None Approved: 4-0 vote / Gary Fickle ~.~"~"~'":,,,,,, '- Mayor of/Southlake ~,, . J. J / Ii, ~" ~ '..: ~% ~andra L. LeGrand ~ ~ City Secretary %$~ ~ % ~....' ....." .~ % ............ ~.,.~ ~,,,,,,,.. · :,,,,,~ CITY COUNCIL DISCUSSION: July 18, 1989 ZONING ORDINANCE NO. 480- Draft #1 dated May 18, 1989 Page 46-5 Page 29-1 Page 29-8 Section 46.12 ~d the provision where the Zoning Board of Adjustments can grant Special Exception Use Permits for "outside storage" under Industrial-1 Zoning District. Pe~ntitted Uses. Delete 23,26,27,31,33 (actually on page 29-2) Section 29.7 a. (1) change noise hours to meet Industrial-1. Sandr~ L. L~Grand City ~ecretaly