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1989-08-15 CITY OF SOUTHLAKE 667 N. Carroll Avenue REGULAR CITY COUNCIL MEETING August 15, 1989 7:30 P.M. COUNCIL MEMBERS PRESENT: Mayor, Springer. Members: Sally Hall, Ralph Evans. Gary Fickes; Rick Wilhelm, Mayor Pro Tem Betty Pamela Muller and W. CITY STAFF PRESENT: City Manager, Curtis E. Hawk; Director of Public Works, Mike Barnes; Police Chief, Billy Campbell; Fire Chief, R.P. Steele; Finance Officer, Renee Wheeler; Zoning Administrator, Karen Gandy; City Engineer, Eddie Cheatham; City Attorney, Wayne Olson; and, Sandra L. LeGrand, City Secretary. 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 Motion was made to table approval of the Minutes of the August 1, 1989 City Council meeting until the Special City Council meeting to be held on August 22, 1989. Motion: Springer Second: Evans Ayes: Springer, Evans, Hall, Wilhelm and Muller Nays: None Approved: 5-0 vote A~enda Item 93 Mayor's Report Mayor Fickes announced that public comments for tonight's meeting will be limited to 5 minutes due to the large agenda. Agenda item #18 will be moved after agenda item #6 on tonight's agenda. A major agenda item for the next four to five meetings will be discussion of the FY 90 Budget. The Mayor announced that the Southlake Chamber of Commerce is sponsoring "Leadership $outhlake". A program for folks who want to be involved in the community. It is a nine (9) month program and will start on September 1. Brad Bradley is chairman. He and Sandra Mickelson can be contacted if there are any questions concerning the program. The group will be limited to ten members.Councilmember Rick Wilhelm reported on the Southlake Economic Development Council, by stating the council met on the first Wednesday of the month. A member, Patricia Broecker offered her resignation recently and it was on the agenda tonight to consider her replacement, however, the Council is in need of people who want to serve the community in this way. Applications are available at the reception desk. City Council Minutes August 15, 1989 page two A~enda Item 93 Continued Wilhelm reported that the group has gone through the second draft of the narrative of the video tape of Southlake which is being prepared by TU Electric and SEDC. Also that members of the SEDC are looking forward to maning a booth at the Regional Real Estate Conference which will be held on August 25, 1989, at one of the DFW Hotels. Mayor Fickes read a Proclamation prepared at the request of the Commission on the Bicentennial of the U.S. Constitution, proclaming September 17 through 23 as Constitution Week. The festivities will begin at 4:00 p.m. E.D.T., which is the exact time of the signing of the constitution of the United States, held on September 17, 1787. A~enda Item #4. City Manager's Report Curtis E. Hawk, City Manager, reported that the South Carroll Avenue, reconstruction project has been completed. An assumption was made based on information received from Tarrant County, that the one mile of roadway would cost $80,000, however, it has been determined that the cost would only be just under $30,000. The city will ask the County to reconsider the street priority list, by repaving a portion of Shady Oaks Drive. This is good news for the city. The Department Reports were reviewed and Mr. Hawk noted that the sales tax report shows that the receipts are up 20% over the same period last year. He added that this is a good indication that the city may meet budget projections. A~enda Item #5. Fiscal Year 1990 Budget, 1st public hearin~ Curtis Hawk stated that the annual budget is the single most important document for the city. A budget document is a plan and the basic plan will provide levels of service for the citizens, and at the same time be responsive to citizen needs. The effective tax rate is .3592¢ per $100. valuation. The program is based on the continuation of services. The current tax rate is .3882¢ per $100., which is a 8.07% increase over the current year. Hawk considers the top priorities for the city as: 1) streets, 2) water and sewer extensions, and, 3) financial stability. He stated we need bond programs to help pay for these things. We cannot do this if we do not get our "financial house" to a level that we feel like would be advantageous to us when we begin to enter into a bond program. City Council Minutes August 15, 1989 page three ~enda Item #5 Continued Mr. Hawk referenced March work sessions where several items were outlined, which staff had concerns with. One of the items discussed was the $150,000, for street reconstruction, which was for upgrading South Carroll Avenue and Shady Oaks Drive. After the work was complete on South Carroll Avenue and Pearson Lane, it still leaves the City with almost $90,000, in the fund for street improvements. That will be in addition to funds that are proposed in the budget for street improvements. The general fund is the most important fund as it includes: streets, municipal court, police, fire, public works and general governmental types of operations. There will be added in these departments, several new plans: 1) Police Department. Expansion, adding a selective traffic enforcement program. Two new police officers to work on SHll4 and FM1709. Also, a new program where an officer will work half time with the schools and half time in a community awareness program. 2) Fire Department. New program with the addition of Fire Inspector, dedicated not only to fire inspections, but safety training, and availability to be called upon in an emergency. 3) Street Department. Three new positions (two were cut from current budget and addition of one more). 4) Administrative Assistant. to assist in public works, and other department. A public works employee and also the city manager 5) Computers. Taking advantage of technology, a $24,000 expansion on the existing computer system and software. This will keep the city from having to hire more personnel. These are all continuations of the work programs which were put into place this time last year. We are a changing community, and we must be able to respond to these new demands. Work sessions are scheduled for August 22, August 29, September 5, September 12, and September 19, for the purpose of further discussions on the budget. City Council Minutes August 15, 1989 page four A~enda Item #5. Continued Mayor Fickes stated that our tax rate is .3882¢, tax evaluations increased in Southlake by eighty million dollars this year, primarily due to IBM and recent annexations. Each individual property owner's taxes have gone up in the community, and in Northeast Tarrant County. The cities that did not experience growth, their tax evaluation tended to stay level or decrease. The cities that experienced growth had the increase in evaluation. Because of the increase, that is why our effective tax rate went down. Which means, if we leave the tax rate where it was last year, we effectively have a 8.07% increase. It is the Council intent to leave the tax rate where it was last year. There were no comments as a result of the the Fiscal Year 1990 Budget. The second held on September 5, 1989. first public hearing on public hearing will be A~enda Item #6. Set Date for Tax Rate Public Hearing The City Manager explained that where the Tax Code Statute does not specifically state that the public hearing on the tax rate increase should be at a special meeting, the State Property Tax Board recommends it be done. Hawk asked that this item be placed on an August 29 agenda. Mayor Pro Tem Springer reiterated that even though the agenda says tax rate increase, the rate the City Council is looking at thisyear is the same rate as last year, but because of the change in evaluation, it reflects an increase on paper. Motion was made to set the date of the tax rate public hearing for August 29, 1989 at 7:00 p.m. and to consider a proposal for a tax rate increase. Motion: Springer Second: Muller Ayes: Springer, Muller, Evans, Nays: None Approved: 5-0 vote. Hall and Wilhelm City Council Minutes August 15, 1989 page five Agenda Item #18. Ordinance No. 334-67, 1st reading Ordinance No. 334-67, 1st reading (ZA 89-35) was considered by the City Council. A request for a Special Exception Use Permit for a Day Care Center. Owner/Applicant: white Chapel United Methodist Church. A presentation was made by Karen Gandy, Zoning Administrator, who read from Section 5.16 (d) in Ordinance No. 334, in reference to Day Care Centers. Mr. Russell Weiss, 2801 Roaring Springs Road, Grapevine, was present to represent the church. He explained that the day care center will be located in the existing facilities. The church intends to provide a meaning and useful service to the community. The church is incorporated as White Chapel United Methodist Church dba white Chapel Day Care. The preconstruction plans have been reviewed by County Health Department. An ingress-egress plan will parents in an attempt to avoid congestion with traffic. the Tarrant be given to Motion was made to approve Ordinance No. 334-67, a Special Exception Use Permit for a Day Care Chapel Methodist Church. Motion: Muller Second: Springer Ayes: Muller, Springer, Evans, Hall, Wilhelm Nays: None 1st reading for Center for White Mayor Fickes read the caption of the ordinance as required by city charter. Approved: 5-0 vote Agenda Item #7. Ordinance No. 334-62, 2nd reading Zoning request for a 0.859 acre tract of land out of the W.R. Eaves Survey, Abstract No. 500. Present zoning is Agricultual, request is for the Retail-2 Zoning District. A presentation was given by the zoning administrator. Mrs. Gandy stated that on July 20, 1989, the Planning and Zoning Commission recommended approval and City Council considered the 1st reading of the ordinance on August 1, 1989. City Council Minutes August 15, 1989 page six Agenda Item #7 Continued Motion was made to approve 334-62, as presented. Motion: Muller Second: Springer Ayes: Muller, Springer, Nays: None Mayor Fickes read the Approved: 5-0 vote. the 2nd reading of Ordinance No. Hall, Wilhelm, Evans caption of the ordinance. There were no comments as a result of the public hearing. Motion was made to approve Ordinance No. Motion: wilhelm Second: Hall Ayes: Wilhelm, Hall, Evans, Springer Nays: None Mayor Fickes read the Approved: 5-0 vote. Agenda Item #9. ZA 89-25 Pre Plat of Willis Addition The preliminary plat of willis Addition, a 4.093 acre tract of land out of the J.J. Freshour Survey, Abstract No. 521, was presented for consideration. Mr. Ken willis was present to answer questions for the council. He stated he intends to use Lot 1 for his own home. The three acres to the west will be incorporated into the final plat. Motion was made to Addition. Motion: Muller Second: Evans Ayes: Muller, Evans, Nays: None Approved: 5-0 vote. approve the preliminary plat of Willis Springer, Wilhelm and Hall 334-63, 2nd reading. and Muller caption of the ordinance. A presentation was made by Karen Gandy, Zoning Administrator. Agenda Item #8. Ordinance No. 334-63, 2nd reading A zoning request for a 4.093 acre tract of land out of the J.J. Freshour Survey, Abstract No. 521. Owner: Viola Ruth Newsom. City Council Minutes August 15, 1989 page seven A~enda Item #10. ZA 89-26, Pre Plat of Lonesome Dove Est. The preliminary plat of Lonesome Dove Estates Addition was presented for consideration. Karen Gandy, Zoning Administrator, stated in her presentation that the 73.188 acre tract of land is owned by Mary Arnold. Applicants are K. Wayne Lee and Bob Petty. Zoning is SF20.0A for five lots adjacent to Emerald Estates with the remainder being zoned SF20.0B. She indicated that the property will be developed in two phases. Phase 1 being the north and northwestern section with 48 lots. Phase 2 is the south and southeastern portion with a proposed 61 lots. On July 20, 1989, the Planning and Zoning Commission tabled the preliminary plat to gain more drainage information. On August 3, the off site drainage information was presented and approved by the P&Z, contingent upon a clean letter being written from the city engineer and also based on an entrance change from Burney Lane to Lonesome Dove. John Levitt, Levitt Engineers, presented a preliminary storm water management plan for the City Council to review. He explained the plan, and also presented a letter of agreement from Lonesome Dove Baptist Church on off site drainage, with their full approval. Levitt stated this is a preliminary stage, and they will work with the city staff prior to final design work and preparation of the final plat. They have no problem with the August 10, 1989, Cheatham review letter, however, they would prefer that item #5 not be included in the letter. They would rather not have traffic from the lake be able to come through the addition. Levitt went on to say that they will not be building on Lots 27, 28, & 29, due to the retention pond being built on these lots. The homeowners association will be responsible for maintenance on these lots. City Engineer, Eddie Cheatham stated he feels the plan will work, however, the city should be sure the homeowners association does have responsibility for the retention pond area. Levitt and the developers have discussed placing playground equipment on the open space. The Mayor suggested that this statement be placed on the final plat. City Council Minutes August 15, 1989 page eight A~enda Item #10 Continued Motion was made to approve ZA 89-26, preliminary plat of Lonesome Dove Estates, contingent upon the Planning and Zoning Commission recommendation, which includes moving the entrance off Burney Lane to the east side and obtaining a letter of agreement from Lonesome Dove Church for off-site drainage. Motion: Springer Second: Muller Ayes: Springer, Muller, Hall, Wilhelm, Evans Nays: None Approved: 5-0 vote Council adjourned into recess at 9:10 p.m. Council reconvened into open session at 9:23 p.m. A~enda Item #11. Ordinance No. 334-64,1st reading. A zoning request for a 128.486 acre tract of land out of the W.E. Crooks Survey, Abstract No. 295, and the Hall Medlin Survey, Abstract No. 1038, was considered in Ordinance No. 334-64, 1st reading. The concept plan was also presented. A presentation was made by the Zoning Administrator, who stated the present zoning is Agricultural, with a request for Single Family 20.0A. Larry Cole with Mekon, Inc., 4108 Greenway Court, Colleyville, stated he has developed in Colleyville for the past ten years. He tried to locate property that will work with his type of development. He stated, this site is among the prettiest! He is proposing 125 lots and the main entrance is proposed to be off Continental Blvd. They plan to develop in three phases and will build an exterior masonry fence around the property. Cole also stated, that they do not plan to start development until the sewer is in place, as they do not expect the city to provide interim sewer for the development. There were no comments during the public hearing. Councilmember Hall asked Mr. Cole if they have done any planning in regards to the school children within the development, and no busing. He stated he will do whatever is needed. Councilmember Wilhelm suggested that on the final plat, the road "Peytonville Avenue" be abandon. City Council Minutes August 15, 1989 page nine Agenda Item #11 Continued Motion was made to approve Ordinance No. 334-64, 1st reading, and also the concept plan, subject to the items in the Cheatham review letter of August 10, being complied with. Motion: Muller Second: Wilhelm Ayes: Muller, Wilhelm, Evans, Springer and Hall Nays: None Mayor Fickes read the caption of the ordinance. Approved: 5-0 vote. Agenda Item #12. Ordinance No. 334-65, 1st reading. Ordinance No. 334-65, 1st reading, is a zoning request for a 1.545 acre tract of land out of the Hall Medlin Survey, Abstract No. 1038. Current zoning is Agricultural request is for the Retail-1 Zoning District. Mr. Cole stated they plan to build a 3,000 square foot building, which he plans to use as a sales office during construction and then convert to a strip center. He added, that they may add on to the building at a later date, however, it will still be apart of a theme of the development. Councilmember Muller noted a concern with the visibility at the intersection of W. Continental Blvd. and S. White Chapel Blvd. The public hearing resulted with no comments from the audience. Motion was made to approve Ordinance No. 334-65, zoning request for Retail-1 Zoning District. Motion: Springer Second: Muller Ayes: Springer, Muller, Evans, wilhelm and Hall Nays: None 1st reading, Mayor Fickes read the caption of the ordinance. Approved: 5-0 vote. City Council Minutes August 15, 1989 page ten Agenda Item #13 ZA 89-29 Final Plat of Wilkinson Addition. The final plat of wilkinson Addition, a 5.681 acre tract of land out of the Hall Medlin Survey, Abstract No. 1038, was considered. Deryl Perry, Washington and Associates, was present and answered questions for the council. He stated they used the FEMA line to establish the finished floor elevations for the property. Motion was made to approve the final plat subject with the Cheatham review letter dated August 10, 1989. Motion: Muller Second: Evans Ayes: Muller, Evans, Springer, Wilhelm and Hall Nays: None Approved: 5-0 vote to compliance Agenda Item #14 Ordinance No. 334-66, 1st reading A zoning request for a 1.031 acre tract of land out of the J.J. Freshour Survey, Abstract No. 521. Current zoning is Agricultural, request is for the Single Family-1 Zoning District. Mr. James Stone, of Hinds and Stone Enterprises, was present for the meeting and explained that they did not know that the property was in need for zoning and plating before a building permit could be issued. They are here to do what is necessary. Motion was made to approve Ordinance No. 334-66, Single Family-1 Zoning District. Motion: Muller Second: Wilhelm Ayes: Muller, Wilhelm, Hall, Springer, Evans Nays: None 1st reading for Mayor Fickes read the caption of the ordinance. Approved: 5-0 vote. Agenda Item #15. ZA 89-32 Pre Plat of Whitener Addition The preliminary plat of the Whitener Addition Phase III was presented to the city council for consideration. The property consists of 1.031 acre tract of land out of the J.J. Freshour Survey, Abstract No. 521. City Council Minutes August 15, 1989 page eleven Agenda Item #15 Continued Karen Gandy, Zoning Administrator, stated during the presentation that a revised plat was not presented to the city. Mr. James Stone stated they have no problems with the Cheatham review letter dated July 8, 1989. Motion was made to approve ZA 89-32, the preliminary plat of Whitener Addition, Phase III, subject to the items in the engineers letter dated July 18, 1989, items 1-6 and 8-10, and subject to staff researching and defining the access easement, the seven-tenths of an acre that provides access to property owners directly behind this property. Motion: Springer Second: Evans Ayes: Springer, Evans, Hall, Wilhelm and Muller Nays: None Approved: 5-0 vote Councilmember Wilhelm noted that what city council is doing is to clarify, in looking at easements serving the tract to the west and tracts to the southwest, is that the 30' access easement which is shown on one of the drawings, in fact, does allow them access and that at this point and time, is not asking the applicant for an easement on his tract for access. Agenda Item ~16 Final plat of Chimney Hill, Phase I The final plat of Chimney Hill, Phase I, 23.6509 acres of land out of the James Thornhill Survey, Abstract NO. 1505, was presented. A presentation was made by the zoning administrator, who stated that Phase I, will consist of 34 lots, showing 30' building set back lines on the corner lots. According to the ordinance, lot lines can vary on corner lots. John Levitt, Levitt Engineers, referenced the Cheatham review letter dated August 10, 1989, by stating item %1 in regards to 40' set backs, that the owners prefer 30' set back lines. The owner, Warren Clark, stated they will have a homeowners association who will provide for the entry marker maintenance. City Council Minutes August 15, 1989 page twelve Agenda Item #16 Continued Motion was made to approve ZA 89-33 as recommended Planning and Zoning Commission and the City Engineer, letter dated August 10, 1989, with the exception of a 5' easement being added along the back of the property. Motion: Hall Second: Wilhelm Ayes: Hall, Wilhelm, Springer, Evans and Muller Nays: None Approved: 5-0 vote by the in the utility Agenda Item ~17. ZA 89-34 Final Plat, Chimney Hill, Phase II The final plat of Chimney Hill, Phase II, consists of 29.4618 acres of land out of the James Thornhill Survey, Abstract No. 1505. This phase will consist of 47 residential lots, according to the zoning administrator. John Levitt, Levitt Engineers, asked for a 30' building set back line for the lots. Levitt questioned the possibility of temporary sewer facilities being provided by the city, prior to completion of the sewer system in that area. Mayor Fickes stated that when the TRA line is in, at that time the city can provide sewer to the project. Motion was made to approved ZA 89-34, Chimney Hill, Phase subject to item #2 on the Cheatham review letter dated August 1989. Motion: wilhelm Second: Evans Ayes: wilhelm, Evans, Hall, Springer, Muller Nays: None Approved: 5-0 vote II, 10, A citizen, Billy Jon Curb, expressed concerns as to whether the drainage on the Chimney Hill project will be complete. He asked that the City Council keep the property owners in the area informed. Agenda Item #20. Variance to Administrative Freeze- Ken Smith Mr. Ken Smith, owner of a 45 acre tract of land in the Thomas Easter Survey, Abstract No. 474, requested a variance to the Administrative Freeze by issuing a building permit for a residence on his property. He explained that he raises cattle and horses on the property and he and his family wish to build their home there. City Council Minutes August 15, 1989 page thirteen Agenda Item ~20 Continued Mr. Smith stated that they are aware of the airport noise situation in that area. He realizes that his property is zoned Industrial. Wayne Olson, City Attorney, stated that in regards to the city's airport agreement, that it appears to be bindless and that it is not in effect until two years from the date of signing or until the ordinance is approved. Motion was made to approve the applicants request for a variance to obtain a building permit, contingent upon compliance with city ordinances and contingent upon the applicant signing a liability release in regards to the property being located in the "C" noise cone. Also, with the condition that plating will be done if required by ordinance, before a building permit is issued. Motion: Springer Second: Hall Ayes: Springer, Hall, Wilhelm, Evans Nays: Muller Approved: 4-1 vote. Agenda Item #19. Ordinance No. 485, 1st reading. Signs. City Manager, Curtis Hawk explained the reason for the amendment to the existing Sign Ordinance No. 350. He stated that the application for this type of sign will be reviewed by the Director of Public Works and that the application will include a site plan type document which will include: location, set backs, rendering, etc. Richard Kuhlman, IBM/McGuire Thomas Partners, was present and stated this amendment would help them in regards to "Solana". They have a large sign that they would like to place on the north side of Hwy 114, across from Dove Road, nearest the IBM buildings. Motion was made to approve the amendment, restricting developments of 100 acres or more. Motion: wilhelm Second: Springer Ayes: Wilhelm, Springer, Hall, Evans and Muller Nays: None permits to Mayor Fickes read the caption of the ordinance. Approved: 5-0 vote City Council Minutes August 15, 1989 page fourteen A~enda Item #21 Liability and Health Insurance Policies The City Manager, Curtis Hawk, stated that proposals were requested for Liability and Health Insurance. He indicated that several responses were received. He is recommending to Council that the Texas Municipal League Insurance be approved with option 3. Motion was made to table this item, time certain August 22, order that more information may be obtained, also giving members more time to review the information. Motion: Wilhelm Second: Evans Ayes: wilhelm, Evans, Hall, Springer and Muller Nays: None Approved: 5-0 vote (to table) 1989 in council Agenda Item #22. Discussion: New Proposed Zonin~ Ordinance Mayor Fickes announced that due to the late hour, the new proposed zoning ordinance and map will be discussed during the work session to be held on August 22, 1989. A~enda Item 24. 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 that 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 12:40 a.m. Council convened into open session at 1:00 a.m. A~enda Item #25. Resolution 89-47 Appt. SEDC Motion was Thompson to Patricia Broeker who had resigned. Motion: Wilhelm Second: Hall Ayes: Wilhelm, Hall, Springer, Muller, Nays: None Approved: 5-0 vote made to approve Resolution 89-47, the Southlake Economic Development Evans appointing Michael Council, replacing City Council Minutes August 15, 1989 page fifteen A~enda Item #26. Resolution 89-48, Appt. Recreation to Parks and Motion was made to approve Resolution 89-48, appointing Richard Lantz to fill the unexpired term of Tom Walker, which will expire in January, 1990. Motion: Springer Second: Hall Ayes: Springer, Hall, Evans, Wilhelm and Muller Nays: None Approved: 5-0 vote. A~enda Item #27. Action Necessary Mayor Fickes announced that no action will be necessary as of the executive session in regards to litigations. a result A~enda Item 23. Public Forum Councilmember Muller commented in regards to her negative vote on agenda item #20, request for variance to the Administrative Freeze for Ken Smith. She stated that her "no vote" was because of, 1) the property being located in the Industrial area and that she sees that area as being developed first for industrial uses, 2) foremost because it falls within the 75 Ldn and, 3) if the former City Council would have completed the reclassification, there would have been no question because he had the industrial use and it would have been changed to the new zoning of industrial and the question would not have come up in the first place. A~enda Item #28. Adjournment Motion was made to adjourn the meeting. Motion: Springer Second: Hall Ayes: Springer, Hall, Evans, Muller, Wilhelm Nays: None Approved: 5-0 vote ~y/~_o~r~ /~andra L. LeGrand City Secretary .............. .../