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1989-08-01 CITY OF SOUTHLAKE 667 N. Carroll Avenue REGULAR CITY COUNCIL MEETING August 1, 1989 7:30 p.m. Present: Mayor, Gary Fickes; Mayor Pro Tem, Betty Springer. Members: Sally Hall, Rick wilhelm and Pamela Muller. Absent: W. Ralph Evans. City Staff Present: Curtis E. Hawk, City Manager; Mike Barnes, Director of Public Works; Billy Campbell, Police Chief; R.P. Steele, Fire Chief; Renee' Wheeler, Finance Officer; Karen Gandy, Zoning Administrator; Betsy Elam, City Attorney; Eddie Cheatham, City Engineer. Invocation: Mayor Pro Tem Betty Springer. 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 18, 1989 City Council meeting were approved with changes. Motion: Springer Second: Wilhelm Ayes: Springer, Wilhelm, Hall Nays: None Abstentions: Muller Approved: 3-0-1 vote A~enda Item #3 Mayor's Report Mayor Fickes announced the changes that would be made in the order of the agenda for tonight's meeting. Item #13 will be moved to consent agenda and item #18 will be moved between items ~22 and #23. The Mayor also announced that the first public hearing on the FY90 Budget will be held during the August 15, city council meeting, and also, the first public hearing on the new zoning ordinance will be held on that date. The Mayor noted that South Carroll Avenue is being reconstructed with the help of Tarrant County, and will be completed this week. A work session for the Fiscal Year 1990 Budget will be held on August 7 and 8, beginning at 7:00 p.m. City Council Minutes August 1, 1989 page two Agenda Item #4 Cit~ Manager's Report City Manager, Curtis Hawk announced that on Friday (August 4), he will be traveling to Longview, to sign papers for funding, for damage that occurred as a result of rains during May and June. The Federal Emergency Management Association (FEMA) has required that the city manager go on-site for this process. CONSENT AGENDA ITEMS Motion was made to approved the following items under a consent agenda: 5. Park and Recreation Board, Men's and Co-ed Softball League. 6. Resolution No.89-46. Appointment to C.O.N.E.T. 13. Authorizing the City Engineer to proceed with the sewer project for SouthRidge Addition. Motion: Wilhelm Second: Muller Ayes: Wilhelm, Muller, Nays: None Approved: 4-0 vote Hall, Muller Agenda Item ~7. Ordinance No. 334-62 1st reading Karen Gandy, zoning administrator, in her presentation stated that the zoning request is for a 0.859 acre tract of land out of the W.R. Eaves Survey, Abstract No. 500. Present zoning is Agricultural, request is for the Retail-2 Zoning District. Owner is Pat Sheehey and the applicant is Southlake Joint Venture. John Drews, managing partner of Southlake Joint present to answer questions for the city council. Public Hearing: Venture was Bob Couch, representing Pat Sheehey, the owner, was present and stated, Mr. Sheehey just wants to make Mr. Drews a happy owner. Public hearing Closed Motion was made to approve Ordinance No. Motion: Muller Second: Wilhelm Ayes: Muller, Wilhelm, Hall, Mayor Fickes read the Nays: None Approved: 4-0 vote 334-62, 1st reading. Springer caption of the ordinance. City Council Minutes August 1, 1989 page three Agenda Item #8. ZA 89-23 Pre Plat of Southlake Crossing The preliminary plat of Southlake Crossing, a 24.107 acre tract of land out of the W.R. Eaves Survey, Abstract No. 500, was discussed. Karen Gandy, zoning administrator gave a presentation on the project by showing overhead transparencies. Jim Brittain- Brittain Surveyors 3908 S. Freeway, Fort Worth, was present and answered questions for the council. Public Hearing: Bob Couch- Union Church Road He signed up to speak but had no comments. Motion was made to approve the preliminary Crossing Addition. Motion: Muller Second: Springer Ayes: Muller, Springer, Hall and wilhelm Nays: None Approved: 4-0 vote plat of Southlake Agenda Item #9. Ord. 334-63, 1st reading The zoning request for a 4.093 acre tract of land out of the J.J. Freshour Survey, Abstract No. 521, was discussed. Request is for the Single Family-1 zoning district and the present zoning is Agricultural. A presentation was made by Karen Gandy, stated that seven (7) letters were sent 200' and there was no opposition. zoning administrator, who to property owners within Bob Couch, was present to represent Viola Newsom, owner of the property. Councilmember Wilhelm had concerns in regards to the deeding of this tract, and wondered, would it make the agricultural property next to it a non conforming size. Ken Willis, purchaser of the property stated he is actually purchasing 7.34 acres of land with a 440' width. City Engineer, Eddie Cheatham recommended that they come back with a plat of the entire property. City Council Minutes August 1, 1989 page four Agenda Item #9 Continued Motion was made to approve the zoning as Family-1 as described in Ordinance No. 334-63. Motion: Muller Second: Springer Ayes: Muller, Springer, Hall and Wilhelm Nays: None Approved: 4-0 vote requested for Single Agenda Item #10. ZA 89-25 Pre Plat of Willis Addition A 4.093 acre tract of land out of the J.J. Freshour Survey, Abstract No. 521, was presented as a preliminary plat of Willis Addition. During the presentation by the ~oning administrator, it was noted that the Planning and Zoning Commission agreed with the applicant that 84' right of way is too excessive but left it to the City Council to determine. Keller shows Florance in that area with no plans for right of way width. Keller does propose 60' right of way to the west of Pearson Lane on Florance Road. Mayor Fickes stated that during the work session, the city council and city staff discussed the right of way in that area, and they both agreed that a 64' right of way would be adequate. Motion was made to approve ZA 89-25, preliminary plat of Willis Addition, subject to Council being presented with a preliminary plat of the entire seven (7) acres and also authorizing the reduction of right of way on Florance from 84' to 64'. Motion: Wilhelm Second: Muller Ayes: Wilhelm, Muller, Hall, Springer Nays: None Approved: 4-0 vote City Council Minutes August 1, 1989 page five Agenda Item #11. Ordinance No. 484. Noise Control Curtis Hawk explained that for many months there has been a problem with enforcement of the noise ordinance due to the fact that the person violating the ordinance must be identified. This has created problems, therefore, the city staff has come up with an amendment to the existing ordinance, to serve as a stop gap measure until the entire ordinance can be reworked. Councilmember Wilhelm has a problem in the strict liability issue in a criminal case and the difference in ordinance between the states of culpability. City Attorney, Betsy Elam stated the attorney's are comfortable with the draft ordinance only because the ordinance addresses businesses. Public Hearing: Leroy Hess- Prestige Gunite, Tiffany Acres. He invited everyone to come down in the morning and see how he operates, at 5:00 a.m. He stated his trucks are already loaded before the morning hours. He had someone come out three (3) months ago and measure the noise, they found the trucks passing on Davis Blvd. louder than his trucks leaving the yard. Tim Farmer- Davis Blvd. next to Tiffany Acres He stated that Mr. Hess, himself, is not problems are when the trucks hit the bumps and horns. the noisy one. The the drivers honk the Motion was made to approve Ordinance No. 484, 1st reading. Motion: Muller Second: Hall Ayes: Muller, Hall Nays: wilhelm, Springer Mayor Gary Fickes voted against the motion, breaking the tie vote Denied: 2-3 vote Mayor Pro Tem Springer asked the city staff to come up with changes to the language and present it to council in the near future. City Council Minutes August 1, 1989 page six A~enda Item #12 Discussion: Amendment to Truck Route Ordinance Director of Public Works, Mike Barnes, led the discussion concerning the possibility of amending the existing truck route ordinance. He stated that his understanding is that South Carroll Avenue is currently designated as a truck route. He added that by continuing to use Carroll Ave as a truck route, would reduce the life of the street. He feels the trucks need to go around when there is no business in that immediate area. Mayor Fickes stated he feels that before this item is on the agenda for consideration, the major users should be notified of the possible change to the truck route ordinance. The question was asked of Mr. Barnes, how long would the newly resurfaced street last with the truck traffic and how long would it last without the traffic? Barnes stated that he would have to become familiar with Tarrant County specifications and also get core samples of the road, before he could answer the question. Councilmember Muller stated that because of the condition of the road, she has always voluntarily gone around and it is not that much of an inconvenience. Councilmember Hall stated she considered South Carroll Ave an unsafe road for any truck. Mayor Fickes commented that the consensus is that City Council would like to have staff continue to work on this ordinance change. A~enda Item #14. Developers A~reement, SouthRid~e, Phase I Mr. Sean Randoll, with Arvida Communities, 15303 Dallas Parkway, Dallas, was present to answer questions for the City Council in regards to the Developers Agreement. He stated that this phase consists of 70 lots and they agreed to be complete by November 15, 1989. A discussion was held in reference to certificates of occupancies being issued prior to tying on to a sewer system. The alternatives to this issue were discussed at length. The developer agreed to the following requirements: 1) that the subdivision be connected to the TRA Bear Creek Sewer when it becomes available; 2) should the TRA Bear Creek line not be available, the City of Southlake pursue with the City of Colleyville, and agreement to allow Arvida Communities to connect with Colleyville's sewer until the TRA Bear Creek line becomes available; 3) should the TRA line not be available in time for C.O.'s and the City of Colleyville line not be available, the developer agreed to City Council Minutes August 1, 1989 page seven Agenda Item 914 Continued install holding tanks and to pump the sewer at its cost, subject to the approval and requirements of the Texas Water Commission, until such time the TRA Bear Creek sewer lines become available. The city agrees to treat the sewer at no cost to the developer. The developer will pay for pumping until March 30. At that time, the city will bear the cost of pumping if the sewer is still not available. Motion was made to approved the Developers Agreement upon the city staff and the developers working out discussed this evening. Motion: Springer Second: wilhelm Ayes: Springer, Wilhelm, Hall Nays: Muller Approved: 3-1 vote contingent the items City Council adjourned into a short recess. Agenda Item 915 Variance to Administrative Freeze The city manager explained the reasons for the request for a variance to the administrative freeze by granting a building permit for the purpose of renovating a building. The request is made by Memo Industrial, 1950 E. Continental Blvd. Southlake. Motion was made to grant the variance to the administrative freeze, contingent upon all building codes being complied with, and all building permits being issued. Motion: Springer Second: Muller Ayes: Springer, Muller, Hall, Nays: None Approved: 4-0 vote Wilhelm Agenda Item #16 Letter of Agreement, re Cross Timber Hills A discussion was held in reference to authorizing the Mayor to execute a Letter of Agreement between Ten Bar Property Company, Cross Timber Hills Homeowners Association, and the City of Southlake, for maintenance responsibility pertaining to headwalls and entrance medians in Cross Timber Hills Addition. Motion was made to table this item discussed between the parties involved. Motion: Wilhelm Second: Muller Ayes: wilhelm, Muller, Hall, Springer Nays: None Approved: 4-0 vote until it can be further City Council Minutes August 1, 1989 page eight Agenda Item #17. Fiscal Year 1990 Budget The City Manager, Curtis Hawk, presented the draft of the Fiscal Year 1990 Budget. He gave a brief overview of the budget, stating that the effective tax rate is 35.9¢ and the current tax rate is 38.82¢ The major changes include: 1) traffic enforcement program, adding two police officers, 2) community service officer (with cost shared with school district, 3) adding a full time fire inspection program to the Fire Department, 4) adding three street maintenance workers( two, which were cut from current budget and the addition of one more), 5) expand the computer terminals and software, 6) an organizational change, creating a Department of Support Services. The General Fund Budget will consist of the following: City Secretary/Mayor/City Council Department City Manager Department Finance Department Municipal Court Department Support Services Department Mr. Hawk added that in regards to personnel, he is proposing setting aside 5% of the total personnel budget, preparing a salary schedule, implementing performance evaluations, preparing job descriptions, and coming back to council with a complete pay plan and implementation in January, 1990. He added that a draft of the Fiscal Year 1990 Budget has been presented to the City Secretary for public review. The first public hearing on the budget will be held on August 15, 1989, as per city charter. Agenda Item #19 Public Forum Donna Hallay- 222 Westwood Drive She speaks for buffer yards in areas around residential areas, with industrial next to them. She feels the city need something to protect the property owners. In the noise ordinance which was proposed, the intent did not seem unreasonable to her. She brought it up because of the potential of residential next to industrial in her neighborhood. City Council Minutes August 1, 1989 page nine A~enda Item #19 Continued Morris Farmer- North of Tiffany Acres It's the different noise that wakes you up! Mr. Hess is the best of the bunch as far as cooperation. The times of allowed operation is confusing to them, in regards to the noise ordinance. Tim Farmer- Davis Blvd. North of Tiffany Acres In reference to the noise ordinance-- not only do they make noise in the mornings, they make noise in the evenings also. As far as Tiffany Acres and H&S Properties- What can we do now to make them comply since zoning did not go through. Mayor Fickes answered, maybe H&S Properties will request zoning again. They did not oppose the zoning, only the restrictions the city placed on him. Mr. Farmer stated that if the city could control the noise and dust, their will be no complaints from the property owners in that area. He asked about paving Michael Drive. Kathy Farmer- North of Tiffany Acres She is concerned about tickets being issued and appealed to the county. Violators are fined and just do it again. Something needs to be done, because they are getting tired of being told, "we are trying" by the city. Public hearing closed. A~enda Item #20 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 Commissions. Council adjourned to executive session at 11:30 p.m. Council convened into open session City Council Minutes August 1, 1989 page ten A~enda Item #21 Action Necessary in re~ards to Litigation Curtis Hawk, city manager, explained for the audience, that the city council has had a chance to review the documents in what is known as the Garrett et al vs. City of Southlake Lawsuit. There are three provisions in the settlement, including: 1) the city agreed to execute a deed without warranty conveying all the defendants rights, title and interest that is the city's to that property, 2) the city will regrade the property that was altered by the city when they began digging, and the city has agreed to plant grass seed, and, 3) the city has agreed to pay the court fees in the amount of $851. Motion was made to authorize the City Manager the compromising settlement agreement in vs. City of Southlake lawsuit. Motion: Springer Second: Hall Ayes: Springer, Hall, Muller and Wilhelm Nays: None Approved: 4-0 vote and Mayor to execute the Garrett et al Mayor Fickes noted that the McGuire Claim is off the list, in that the Department of Labor will not pursue the case, and also, the Donald Sellers Claim will have been dismissed by the next city council meeting. A~enda Item #22. Action Necessary Personnel Boards and Commissions Mayor Fickes stated that no action is necessary in regards to Personnel, Board and Commissions. Mayor Pro Tem Springer stated she would like to have on the next agenda, appointment to Parks Commission and also, a Southlake Economic Development Council appointment. A~enda Item #18 New Proposed Zonin~ Ordinance Henry Frost- appearing for Vibra Whirl had questions in regards to the time schedule for the new ordinance, including public hearing dates. Mayor Fickes announced that work sessions will be held on August 7 & 8 in regards to the ordinance, beginning at 7:00 p.m. at city hall. City Council Minutes August 1, 1989 page eleven Agenda Item #18 Continued Section 47 Special Use Permits for Alcoholic Beverages was discussed during the meeting. Betsy Elam, City Attorney, is to check on the percentage of mix as shown on Page 47-1. On Page 50-1, she is to check on the amount of fine for violation of this section of the ordinance. Agenda Item ~23 Adjournment Motion was made to adjourn the meeting. Motion: Wilhelm Second: Springer Ayes: wilhelm, Springer, Hall, Muller Nays: None Approved: 4-0 vote AT.ST: S~ndra L. LeGrand ~i ~ ~ ~ City Seeretary ~ i f/~\~c'~ :' ~ .......... Mayor of/Southlake