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1989-09-05 CITY OF SOUTHLAKE 667 N. Carroll Avenue REGULAR CITY COUNCIL MEETING September 5, 1989 7:30 P.M. COUNCILMEMBERS PRESENT: Mayor Gary Fickes; Mayor Pro Tem Betty Springer. Members: Sally Hall, Rick Wilhelm, Ralph Evans and Pamela Muller. 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, E. Allen Taylor; and, City Secretary, Sandra L. LeGrand. INVOCATION: Councilmember Ralph Evans. Agenda Item #2 Approval of Minutes The Minutes of the Regular City Council meeting held on August 15, 1989, the Minutes of the Special City Council meetings held on August 22, August 29 and August 29 (tax rate) were approved as presented. Motion: Wilhelm Second: Evans Ayes: wilhelm, Evans, Hall, Springer Nays: None Abstention: Muller Approved: 4-0-1 Agenda Item #3 Mayor's Report Council member Rick Wilhelm reported that on August 25, the Southlake Economic Development Council represented the City of Southlake by maning a booth at the Regional Real Estate Conference. He added that 100 different booths displayed exhibits of various kinds. The SEDC handed out maps and brochures on Southlake. Councilmember Hall reminded the Council and the audience of the Joint City Council- School Board work session which will take place on September 11, 1989, beginning at 8:00 p.m. Mayor Gary Fickes stated he feels it is important that the citizens of Southlake are aware of what is .happening around them in regards to Dallas-Fort Worth Airport. He added that he has had several conversations with City of Grapevine Mayor Bill Tate on the issue. A ten minute video w~s shown regarding the City of Grapevine and the effect that the airport runway has on the citizens of Grapevine and on the city as a whole. Mayor Tate commented on the video stating that it was not well received when it was shown to the airport board. City Council Minutes September 5, 1989 page two Agenda Item #3 Continued Tate expressed that there is staleness in the air whereas the City of Grapevine did not show support to the City of Southlake when they were in the same place with the airport. He added that their is new leadership in Grapevine and they are trying to be good neighbors. He suggested that Grapevine does not know all the plans of the airport, but their is talk of three (3) new runways being added. The City of Grapevine would much enjoy having the support of the City Council of Southlake by way of a Resolution. Tate added that people have moved to Grapevine and Southlake and we as Council's do not want to be run over by people who don't understand the situation. Grapevine is prepared to go all the way with the issue. Tate commented, "we have all made mistakes when the airport first came. Once again, Grapevine is not asking for financial support, only for Southlake to start thinking! Hopefully both cities can work closer together than they have in the past." Also during the Mayor's Report, Mayor Fickes announced that the Southlake-Trophy Club Merger Committee met on August 31, to discuss major concerns. Trophy Club has concerns in that they want to know what assurances they have that they would have representation, should the merger take place. The bottom line is, if the two cities merge, Trophy Club would have Southlake Charter. Mayor Pro Tem Springer, announced that in response to Council request for traffic signalization on Hwy 114 at the intersections of white Chapel and Dove Road, a letter was received this week and the State Highway Department stated they have completed the traffic study and determined that Southlake would be getting the signals. The funds have been allocated and is on the schedule for installation, however, a date of installation is not known at this time. Agenda Item #4. City Manager's Report City Manager, Curtis Hawk introducted two new reporters that will be covering the meetings at Southlake. Bob Neeley, with the Southlake Journal and Scott Williams with the Fort Worth Star Telegram. Agenda Item ~5. Consent Agenda Resolution NO. 89-49. Authorizing the Mayor to enter into an agreement with Tarrant County Health Department Food Establishment Surveillance Program. City Council Minutes September 5, 1989 page three A~enda Item #5 Continued Motion was made to approve Resolution No. 89-49, Tarrant Health Department Food Establishment Surveillance Program. Motion: Wilhelm Second: Hall Ayes: Wilhelm, Hall, Springer, Evans and Muller Nays: None Approved: 5-0 vote County Agenda Item #6. Public Forum The public forum resulted with no comments Audience. from the Council or the Agenda Item #7. Ord. 487, 1st reading FY 90 Budget City Manager, 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 curent tax rate is .3882¢ per $100. which is a 8.07% increase over the current year. Mr. Hawk considers the top priorities for the city as: 1) streets, 2) water and sewer extensions, and, 3) financial stability. Hawk added that he has asked the City Council to set aside 4% of the personnel budget. He will come back to Council in December with a completed plan, after job descriptions and employee evaluations have been completed. The second public hearing on the Fiscal Year 1990 budget resulted with no comments from the audience. Motion was made to approve the 1st reading of the revised Ordinance No. 487, Fiscal Year 1990 Budget. Motion: wilhelm Second: Muller Ayes: Wilhelm, Muller, Hall, Springer, Evans Nays: None Mayor Fickes read the caption of Ordinance No. 487. Approved: 5-0 vote. City Council Minutes September 5, 1989 page four Agenda Item #8. Ordinance No. 488, 1st reading. Tax Levy The City Manager, Curtis Hawk explained that the tax rate is .3882¢, and 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 Tarrart County. 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 intent to leave the tax rate where it was last year. Motion was made to approve the 1st reading of Ordinance No. Tax Levy, leaving the tax rate at .3882¢ per $100. valuation. Motion: Springer Second: Evans Ayes: Springer, Evans, Hall, wilhelm and Muller Nays: None 488, Mayor Fickes read the caption of the ordinance. Approved: 5-0 vote Agenda Item #9 Ordinance No. 334-67, 2nd reading. The request for Special Exception was considered in 2nd reading. Methodist Church. Use Permit for a Applicant/Owner: Day Care Center white Chapel A presentation was made by Karen stated that she sent ten letters with two responses, both in favor. Gandy, Zoning Administrator, who to property owners within 200', Russell Weiss, chairman of the day care was present and answered questions for the council. Their were no comments during the public hearing. Councilmember Ralph Evans stated he feels that a time limit should not be placed on a Day Care Center. Motion was made to approve 2nd request for day care center provided that all state, county and city requirement care centers be adhered to. Motion: Springer Second: Evans Ayes: Springer, Evans, Hall, wilhelm and Muller Nays: None reading in Ordinance No. 334-67, the for white Chapel Methodist Church governing day Mayor Fickes read the caption of the ordinance. Approved: 5-0 vote City Council Minutes September 5, 1989 page five Agenda Item #10. Ordinance No. 334-64, 2nd 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. Present zoning is Agricultural, request is for Single Family 20.0A. Owner: Charles Young and Mekon Inc. A presentation was made by Karen Gandy, Zoning Administrator. Deryl Perry, Washington and Associates, 500 Grapevine Highway, was present, representing Mekon and Charles Young. Perry asked if the City would be graceous enough to work with them on acquiring the land known as Peytonville, which is a non developed right of way on the south side of W. Continental Blvd. Public Hearing: Ronald Rai- 301 Dove Creek, Mr. Rai asked about the land known as Peytonville, referenced above and the impact on residences in the area. The city manager explained that the technical review committee is working on a perimeter street ordinance, which would include areas such as this. Councilmember Hall asked if there will be arrangements made in regards to school children going to school. Will there be sidewalks. No further comments during the public hearing. Motion was made to approve the 2nd reading of Ordinance No. 334-64, zoning from Agricultural to Single Family 20.0A Zoning District. Motion: wilhelm Second: Muller Ayes: wilhelm, Muller, Evans, Springer, Hall Nays: None Mayor Fickes read the caption of the ordinance. Approved: 5-0 vote Agenda Item #11 Ordinance No. 334-65, 2nd reading. A second reading on Ordinance NO. 334-65, zoning change on a 1.545 acre tract of land Survey, Abstract NO. 1038. was considered for the out of the Hall Medlin City Council Minutes September 5, 1989 page six Agenda Item #11 Continued Karen Gandy made a presentation. Larry Cole, president of Mekon Inc. stated they addressed the issue of screening. They want to build a permanent sales office that will be a nice focal point for the development. Motion was made to approve the 2nd reading of Ordinance No. Motion: Muller Second: Evans Ayes: Muller, Evans, Springer, Wilhelm and Hall Nays: None 334-65. Mayor Fickes read the caption of the ordinance. Approved: 5-0 vote. Agenda Item #12. Ordinance No. 334-66, 2nd reading A zoning request for a 1.031 acre tract of land out of the J.J. Freshour Survey, Abstract NO. 521. AG to Single Family-1 Zoning District. Applicant: Hinds and Stone Enterprises, Inc. Their were no comments during the public hearing. Motion was made to approve the 2nd reading of Ordinance No. as requested. Motion: Springer. Second: Hall Ayes: Springer, Hall, Evans, Wilhelm and Muller Nays: None 334-66, Mayor Fickes read the caption of the ordinance. Approved: 5-0 vote Agenda Item #13. Ordinance No. 334-49, 2nd reading. A zoning request for 65.0 acre tract of land out of the W.W. Hall Survey, Abstract NO. 687. Agricultural to SF 30.0A, 20.0A, 20.0B. Owners: Gene Upshaw, Neil Delka et al Audyne, Raymond Bridgewater et al Peggy, Burger and Eakins Custom Builders, Inc., LaBaron Properties, Inc., Jane Walker Hardwick, and Sonny and Karen Hastings. City Council Minutes September 5, 1989 page seven Agenda Item #13 Continued John Moore, LaBaron Properties, was present, representing the other owners. He introduced the new owner, Tom Mathews. The question of sewer facilities for the project was discussed. Director of Public Works, Mike Barnes, stated that the matter of sewer will be worked out in the Developers Agreement. Public Hearing: Ronald Rai- 301 Dove Creek Mr. Rai is very concerned with flooding in like for the City Council to look into this. Summerplace and would No further comments during the public hearing. City Engineer, Eddie Cheatham commented that the drainage study will be reviewed at both the preliminary plat and final plat stages. Motion was made to approve the 2nd reading on Ordinance No. with alternate" A". Motion: Muller Second: Hall Ayes: Muller, Hall, Evans, Springer, and wilhelm Nays: None 334-49, Mayor Fickes read the caption of the ordinance. Approved: 5-0 vote. Agenda Item %14 Ordinance No. 485, 2nd readin~ The city manager informed the audience that a new sign ordinance is in the process of being presented to the city council, however, an amendment is being presented tonight, for " a conditional sign permit" which is written for large acre developments where normal signs would not fit in. In order to obtain this kind of permit, the applicant would have to bring in a site plan type document which would include such information as set-backs, colors, location, lighting and also construction plans prepared by a registered engineer, using the fee structure that is in the code. City Council Minutes September 5, 1989 page eight Agenda Item $14 Continued Mayor Fickes feels it would be these types of signs. appropriate to place a time limit on Their were no comments during the public hearing. Councilmember Wilhelm suggested a provision be added to the ordinance that allows the city to have the signs removed if it is not in compliance with the ordinance, or is in disrepair. Motion was made to approve Ordinance No. 485, 2nd amendments as stated. Motion: Evans Second: Muller Ayes: Evans, Muller, Springer, Wilhelm and Hall Nays: None reading, with Mayor Fickes read the caption of the ordinance. Approved: 5-0 vote Agenda Item 915. Final plat of Southlake Crossin9, Phase I The final plat of Phase I, Southlake Crossing was discussed. A 9.527 acre tract of land out of the W.R. Eaves Survey, Abstract No. 500. Jim Brittan, owner, Brittan and Crawford Surveyors was present and stated he had no problems with the Cheatham review letter dated August 10, 1989. Jim Martin commented, why aren't they platting the entire tract of land and how will it be sewered. Motion was made to approve the Crossing, subject to compliance review letter. Motion: Springer Second: Evans Ayes: Springer, Evans, Muller, Nays: None Approved: 5-0 vote final plat of Phase I, Southlake with the August 24, 1989 Cheatham Hall and Wilhelm Councilmember Sally Hall stepped down for agenda item 916, as being a property owner within 200'. City Council Minutes Septen%ber 5, 1989 page nine Agenda Item ~16. Final plat of Hillwood Estates Karen Gandy, zoning administrator, noted in her presentation that the 17.876 acre subdivision will have fifteen (15) lots, one acre minimum. On August 17, 1989, the Planning and Zoning Commission recon~mended approval with the condition that triangle site requirements be enforced at the intersection. Mr. Don Peeples, engineer for the project stated he has no problems with the Cheatham review letter, and no problem with the site triangle requirements. Eddie Cheatham stated that the sewer extension should be addressed in the developers agreement. Peeples felt this item was in the letter as an informational comment. Councilmember Evans stated that the city has not required installation of sewer lines in other one acre developments. Motion was made to approve the final plat, review letter dated August 24, and the triangle being shown on both Lot 1, Block 1 and Lot 1, Motion: Springer Second: Evans Ayes: Springer, Evans, Wilhelm and Muller Nays: None Councilmember Hall Stepped down for this item. Approved: 4-0 vote subject to the Cheatham requirement of a site Block 2. City Council adjourned into a recess at 9:40 p.m. City Council returned to open meeting at 9:47 p.m. Agenda Item #18 Proposed Zonin~ Map Public Hearing: Sondra Harper- 1974 E. Continental Blvd. Her reason for being here is to get a better understanding of the ordinance. She has lived in Southlake since 1971. She stated the zoning that is Industrial, which is being changed to Single Family, is a problem. Why would anyone want to live next to the industrial businesses. Lee Foster- 1713 Rainbow Street He is against his property being Family. changed from Industrial to Single City Council Minutes September 5, 1989 page ten A~enda Item #18 Continued Millard Dilg- 2121 Forest Hill, Grapevine He is representing owners of Greenway Industrial Park. We have a Southlake Economic Development Council who wants to bring businesses into Southlake. During the past year, he has made fifty presentations on this property, but he needs sewer. The owners are opposed to Single Family from Industrial Zoning District. Charles Nelson- 1616 E. Continental Blvd. He bought his property in 1983 because it was industrial, and he feels the best use of the land is industrial. He does not want the zoning changed. Wayne Hood- 1820 Rainbow This area is getting set up for light industrial zoning. Theron Ragan- 1512 Rainbow Street He has operated Ragan's Nursery since 1972, with the same zoning. Nothing has changed in this pattern for many years. His nursery is a wholesale and retail operation on the entire 20 acres. Bob Rockenbaugh- 1901 North Carroll Avenue. He owns property on E. Continental Blvd. The City Council zoned it Light Industrial in November 1988. He would like it to stay Industrial. Jim Martin- 768 Bandit Trail, Colleyville He is not happy with the C-3 Zoning that (Jellico Corner) was put on his property Billie Farrar- 600 W. Park Row, Arlington She owns approximately 70 acres. She does not feel it is fair for alot of property to be changed, for one tract of land that was changed to Single Family. She is in opposition to her property being rezoned. Donna Holly- 222 Westwood Drive They have 30 homes in Woodland the land next to them that consider this. Heights. The homes are occupied, is industrial is vacant. Please Darrell McNutt- 212 Westwood We are interested in bringing in consider the map, very carefully. new businesses in Southlake but City Council Minutes September 5, 1989 page eleven A~enda Item #18 Continued Randy Evants- EBY Construction 1900 Brumlow Avenue The company is concerned as they are an Industial-2 use. They are a heavy general contractor. They have internal covered storage, also, a maintenance facility. They cannot comply with Industrial-1 Zoning. Johnny Campbell- 212 Westwood He offers support to the map as shown. With single family to the south, would bring sewer to Woodland Height and with industrial, he does not see sewer in the forseeable future. Sue Alter- 224 Westwood She is concerned about the property Heights, which is in her back yard. to the south of woodland John Taylor 209 Eastwood He supports the Planning and Zoning Commission and the City Council. Ben Muir- Rt 5 Bozx 425, Decauter, Texas He is representing Beulah Cross. He is not change. pleased that her zoning did Mike Wells 221 Westwood Drive When he moved here he thought single family. all the rest of the area would be Bob Miron- Miron Addition and Gorbett Addition. He was Retail-1 changed to C-2. He has an automotive business on Brumlow Avenue and he wants to move it to his property on FM1709, C-2 does not allow for this. Phil Moore- 217 Westwood The land around Woodland Heights is not going to ruin the city if it is not zoned industrial. Their area is not a speculative tract, it is in full use. No one has addressed the transition with the land to the south. Once the map is in place, we are going to be locked in. If the land around them will be compatible, it will be okay. C.E. Doris- 213 Eastwood He suggested that there their property compatible is a waiting time. In consideration, make and have a good transition. Pattie Minder- 223 Eastwood Drive They have been here for six years, and Mrs. single family. Where were the people when single family in the middle of industrial? Minder is supporting this land was zoned City Council Minutes September 5, 1989 page twelve A~enda Item #18 Continued Evelyn Mizer-211 Eastwood Drive. Ms. Miser appreciated the efforts of the Council and supports them. Noland Lemons- 1954 E. Continental Blvd. He has lived in Southlake for 28 years. Residential homes would not sell on Brumlow and Continental. He does not appreciate all the remarks made tonight. He feels the new zoning could be called a double-cross. Dennis Minder- 223 Eastwood He stated there is run-off from Woodland Heights, definately a drainage problem in that area. When all the industrial building comes in, a big erosion will happen in Woodland Heights. He feels the City Council should lean toward people that are currently there, they bought in the area, in good faith. Public Hearing Closed. Councilmember wilhelm commented on the proposed changes that have been made on the zoning map. He added that he and Councilmember Pamela Muller met with property owners on Monday in an effort to work out a plan for zoning of land in a section on the south side of FM1709, and north of Continental Blvd., east of South Carroll Avenue and west of Kimball Avenue. A plat showing this proposed zoning is incorporated into the minutes of this meeting. After continued discussion, motion was made to approve the proposed zoning map with the condition that items that have not come before the Planning and Zoning Conunission and the City Council are removed from the map before it is voted upon. Motion: Hall Second: Wilhelm Ayes: Hall, wilhelm, Springer, Evans and Muller Nays: None Approved: 5-0 vote City Council adjourned for a brief recess at 12:40 a.m. Council returned to the meeting at 12:50 a.m. A~enda Item #17. Ordinance No. 480, 1st reading. Zonin~ The proposed ordinance was briefly discussed this evening. Council agreed that a work session will be held on September 12, in an effort to complete the areas needing to be discussed. City Council Meeting September 5, 1989 page thirteen A~enda Item #17 Continued The public hearing resulted with no comments. Motion was made to approve the 1st reading of Ordinance No. 480. Motion: Muller Second: Springer Ayes: Muller, Springer, Hall, Wilhelm and Evans Nays: None the new Zoning Mayor Fickes read the caption of the ordinance. Approved: 5-0 vote A~enda Item #19. Tlets II Pro~ram for Police Department Curtis Hawk explained the Tlets II program and the records retension system for the Police Department. He stated the program is being considered as a lease/purchase. The information is incorporated into the minutes. Motion was made to approve the lease/purchase of the Tlets Program as presented in the September 1, 1989 memorandum and July 10, 1989 letter, attached to the minutes. Motion: Springer Second: Evans Ayes: Springer, Evans, Hall, Wilhelm and Muller Nays: None Approved: 5-0 vote II the A~enda Item #20. Authorization for DPW to Advertise for Bids-Arvida Authorization was given to the Director of Public Works advertise for bids for off-site sewer for the Arvida Project. Motion: Hall Second: Springer Ayes: Hall, Springer, Wilhelm, Evans and Muller Nays: None Approved: 5-0 vote to City Council Meeting September 5, 1989 page fourteen Agenda Item #21 Executive Session The executive session was not held this evening due to the late hour and the lengthy agenda. Agenda Item #22, Action Necessary No action was necessary on this item, due to the fact that no executive session was held. A~enda Item #23 and #24, Resolution 89-51 and Resolution 89-52 Resolution 89-51 and Resolution 89-52 were not considered this evening. They will appear on the Special City Council Meeting, September 12, agenda. Agenda Item #25. Adjournment Motion was made to adjourn the meeting at 1:10 a.m. Motion Muller Second: Evans Ayes: Muller, Evans, Springer, wilhelm and Hall Nays: None Approved: 5-0 vote A tape recording was made of this meeting and is a part of the permanent records_., ~ M~a~YorF~k~o~th 1 ake