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1989-09-19 CITY OF SOUTHLAKE 667 N. Carroll Avenue REGULAR CITY COUNCIL MEETING September 19, 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: Curtis 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; Eddie Cheatham, City Engineer; Wayne Olson, City Attorney; Sandra L. LeGrand, City Secretary. INVOCATION: Councilmember Ralph Evans. A work session was held beginning at 6:30 p.m. for the purpose of discussing items on tonight's meeting agenda. The Regular City Council meeting was called to order by Mayor Gary Fickes. Agenda Item #2. Approval of Minutes The Minutes of the Regular City Council meeting 1989 and the Special City Council meeting held on 1989 were approved with changes addressed in the work Motion: Wilhelm Second: Muller Ayes: Wilhelm, Muller, Hall, Evans and Springer Nays: None Approved: 5-0 vote of September 5, September 12, session. Agenda Item #3. Mayor's Report Mayor Fickes began by reporting on the Joint Work Session held on September 11, between the City Council and the Carroll I.S.D. School Board. Items discussed included: A Community Services Officer, in which the school indicated that they are prepared to share the cost of the officer with the city. Also, the joint use of park land was a topic of discussion. The city manager reported on developments which are in the planning stages. Councilmember Sally Hall referred to a discussion which was held in regards to the school and city sharing a common polling place during the general election to be held in the spring. Mayor Fickes announced the informational public meeting which will be held on September 20, 1989, by Mobil Land Development Company. The meeting is to begin at 7:30 p.m., the public is invited. City Council Minutes September 19, 1989 page two A~enda Item #3 Continued Councilmember Wilhelm reported that the Southlake Economic Development Council will be meeting on October 4, 1989 at 8:30 a.m. at City Hall. The guest speaker for the meeting will be Dr. Bernard L. Weinstein, Director of the Center for Economic Development and Research at the University of North Texas. The subject will be tax abatements. Mayor Fickes read a proclamation in honor of Fire and Crime Prevention Month, where the Northeast Mall will be hosting the 1989 Care Fair. ~enda Item 94. City Manager's Report Curtis Hawk, City Manager reported on the status of the State Highway Department time table on the installation of the traffic signals to be installed on Highway 114 at Dove Road and White Chapel Road intersections. He stated at this time, installation is scheduled for more than one year away, however, he will stay in contact with them, in an effort to get that date moved forward. Agenda Item 95. Public Forum Doris Martin- 768 Bandit Trail, Colleyville. (Owner of Jellico Corner). Mrs Martin stated that this week, her grandson was bitten by a vicious dog. The boy was in his own yard, but the dog had to be called off the child. She would like for the City Council to place animal control in the Fiscal Year 1990 Budget, for either a vehicle or facilities for taking care of such situations, should it happen again. A~enda Item 96. Budget Ordinance No. 487, 2nd reading. Fiscal Year 1990 The City Manager, Curtis Hawk, stated that the city council has held three public hearings on the Fiscal Year 1990 Budget, in compliance with the Home Rule Charter of Southlake. He stated the budget does not reflect a water rate increase, however, in January we will be signing a new contract with City of Fort Worth for surface water and at that time, we will be looking at an adjustment in water rates. Hawk went on to outline the level of service that the budget will provide, also, stating that their will be eight (8) new positions on the city staff. No comments were received during the third public hearing. City Council Minutes Septer~ber 19, 1989 page three A~enda Item ~6 Continued Mayor Pro Tem Springer requested that a separate vote be taken on line item, from the City Secretary/Mayor/City Council Department, Account #100-5-251, Economic Development $18,000. Springer stepped down as having a possible conflict of interest in the item. Councilmember Wilhelm commented for the record, that he, as a first time City Council member is very pleased and impressed with the quality of work that the Department Heads and City Manager gave to the council on the budget. The job was very organized and professional. Motion was made to approve line Secretary/Mayor/City Council Department the Fiscal Year 1990 Budget. Motion: Wilhelm Second: Hall Ayes: Wilhelm, Hall, Evans, Muller Nays: None Springer stepped down for this vote Approved: 4-0 vote item, from the City 100-5-251 as presented in Springer returned to the Council table Motion was made Fiscal Year 1990 Motion: Wilhelm Second: Muller Ayes: Wilhelm, Nays: None to approved the 2nd reading of Ordinance No. Budget. Muller, Hall, Evans and Springer 487, Mayor Fickes read the caption of the ordinance Approved: 5-0 vote A~enda Item ~7. Ordinance No. 488, 2nd 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 Tarrant 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. The public hearing resulted with no comments. City Council Minutes September 19, 1989 page four Agenda Item ~7 Continued Motion was made to approve the tax levy ordinance reading, as corrected. Motion: Evans Second: Springer Ayes: Evans, Springer, Hall, Wilhelm, Muller Nays: None No. 488, in 2nd Mayor Fickes read the caption of the ordinance. Approved: 5-0 vote Mrs. Springer commended the City Manager and City Staff for their ability to keep the tax rate where it is at .3882¢, per $100. valuation. The City Manager stated, he has been with the City of Southlake for one year, and the staff has been good stewards of the funds. He appreciates the efforts made in putting together this budget. Agenda Item #8. Ordinance No. 334-68, 1st reading A zoning request for a 43.222 acre tract of land out of the S.H. Thompson Survey, Abstract No. 1504. Current zoning is Agricultural, request is for the Single Family-20.0B zoning district. Owner/Applicant: Continental Joint Venture. Zoning Administrator, Karen Gandy, gave a presentation and began by stating that eight (8) letters were sent to property owners within 200' and she received one response, opposing the zoning request, from Bob Goode. Gandy stated that the Planning and Zoning Commission approved the request by a 5-1 vote, on September 7, 1989, with the condition that a fence be placed on lots on the east side, near Continental Blvd. Also, with the condition that avigation releases are obtained with each purchase of property. Kirk Williams- 6400 N.C.N.B. Plaza, Dallas. Present, representing the Continental Joint Venture. He stated they have volunteered to construct a fence as screening and also the avigation releases being implemented. The reason for the avigation releases being implemented is not only to release the city of liability from airport flights and that sort of issues, but to put purchasers on notice of airport adjacency issues. The only issue they are opposed to is stubbing out of streets to the west and to the south. City Council Minutes September 19, 1989 page five Agenda Item 98 Continued Mr. williams indicated they reviewed appropriate materials available, and they visited with J. Lewis with the Texas Aeronautics Commission, Otis Welsh with the F.A.A. and Gordon Shuck with N.T.C.O.G., as their was an economical development study done on Goode Airport. They are all of the opinion that most of their property if not all of it is in the 65 Ldn or less noise contour. In the airport land use compatibility handbook, 65 Ldn and less is appropriate for residential uses. They feel comfortable in that regard and that this is not a safety issue. They feel that their being adjacent to the school is favorable. Mayor Fickes stated he is probably less concerned about the airport than he is with the concrete plant on the west side of the property. He does not have a problem with the project but it needs to have consistent buffering on Continental and screening from the elementary school and from the concrete plant. Councilmember Hall expressed support to the Mayor and also wanted to see sidewalks to the school being shown on the concept plan. Councilmember wilhelm asked about anticipated time table on the development. Mr. Nick Digeous with the developers, stated they would like to develop as quickly as possible. He was told TRA line would be installed between June and August, 1990. If that does not take place, they may not develop until something is available to them for sewerage. As an alternative, they would like to tap onto Colleyville line. Mayor Fickes stated, "if for some reason their is a problem with TRA line, or Colleyville line, I strongly request they please do not go talk with Colleyville, but talk to Southlake and Southlake will talk to Colleyville". Public Hearing Mayor Fickes indicated that the Council received a letter from Aloha Payne which is incorporated into the minutes. Robert Goode- Owner, Goode Airport. Mr. Goode stated he received a letter today from Gene Faulkner of F.A.A. (the letter dated 9-19-89 is incorporated into the minutes). Mr. Goode stated the distance from the runway to where the first residence will be is 1,250 feet. The planes will be from 62' to 100' above ground level. At this time he has an average of 70 City Council Minutes September 19, 1989 page six Agenda Item #8 Continued flights per day. He is limited to 1,600 feet above ground by the F.A.A. He described other problems with the residential area being in that location. He read a letter to city council from himself into the record. He also stated he and his family plan to operate Goode Airport for many years to come. Betsy Shatley- Owner, Tex Art Stone Company. She owns the business and is an observer of the flights. The planes do not go over the school but do go over her plant. She feels it would be detrimental to put a housing development under a runway. She feels an open space should be allowed for. She feels the land in question should be commercial rather than residential. She sells wholesale to garden centers and her block machine is inside a metal building. She operates from 9 a.m. to 6 p.m. She would not buy a house that close to the plant, not only because of the noise, but because of aesthetics. Henry Newman- Fort Worth He retired in 1979 as Regional Director of F.A.A. and he has an interest in airports. He stated this airport is a donation to the city, as their is no tax money in it. The airport serves a purpose for Southlake and the F.A.A. recognizes this, in new criteria for airports. You have to have restrictions for airports within 30 miles of a radar site, and their is special provisions for Goode Airport because it is needed for the area. A buffer zone would be good. Mayor Pro Tem Springer asked Mr. Newman what he feels would be an adequate clear zone? He answered, another 300 feet would be adequate for safety and well being. Aloha Payne- 1213 Whispering Dell, Southlake She lives in 65 Ldn and she has a fear when airplanes make a different noise. She also has oily film on her windows. The elementary school is next to her property, and we have a repeat situation here. The developer knew the airport was there when they purchased the land. Charles Rainey- Flight Instructor, Goode Airport He has 30 years experience as a flight instructor and in flying small aircraft. He wants to talk about safety factors. As a flight instructor, he wants to say, there is a wide variation in skills from new pilots to experienced pilots. The hotter the day, the longer it takes to get off the ground. He trains his students to go out 400' and then make a turn. Every student goes right over this area in question. Noise is secondary to him. If he has an engine failure, he has to go to the city streets. When the city shuts off alternatives, then they have a safety factor. He feels there should be a middle of the road, as it is easy to trust an engine and you never know when they may fail. City Council Minutes September 19, 1989 page seven A~enda Item #8 continued Joe Bentley- 214 Westwood Drive, Southlake He never thought he would see this identical issue come up in Southlake. There is no difference at all between this and the airport. Planning and zoning go hand and hand. If you are going to zone, you must plan, and if you are not going to plan, don't zone. The avigation release requested by Mr. Goode must be addressed. Kirk williams He stated he certainly has no intention of suggesting that Goode Airport shut down. They are not attempting to put a hazardous use at that location, it is one of those situations where a private enterprise that is wanting to stop development, or, the use of a private piece of property. They have a constitutional right to use that property for some legitimate use. He is suggesting that the use they are proposing is the most appropriate use for that location. Mayor Pro Tem Springer questioned of Mr. Goode, how many night time flights does he now have and does he expect this to increase? Mr. Goode replied he has about six operations nightly. He pointed out that their are no buffers. When noise is over head, there are no buffers; and noise goes straight down. wilhelm commented, when you look at this in an isolated situation, next to a school, single family homes is probably absolutely the best use for this site. If you look at it then in connection to other uses around it; school, Tex Art Stone to the west and airport to the north, then you start having the questions. Are we asking for a Tiffany Acres situation. Springer stated this is a large enough tract of land, that she could not see it being zoned commercial at any time. Councilmember Muller stated a lot of time has been spent discussing Mr. Goode's property. It does have an impact, but council has also spent alot of time discussing industrial next to residential. It is easier to buffer a school, than Tex Stone, next to residential. There are other uses, B-1 for example, for this land. Do not repeat past mistakes, such as, residential next to industrial and subdivision under flight paths. Councilmember Hall stated we have a safety problem here and it is the primary responsibility of City Council to protect health, safety and welfare of its citizens. City Council Minutes September 19, 1989 page eight A~enda Item #8 Continued Mayor Pro Tem Springer stated she would be hesitant to vote yes with the concept plan before them, in regards to Tex Stone Art, not considering the airport at this time. Councilmember Wilhelm stated, he feels the 65 Ldn, unlike other areas is not a problem here. Muller stated, little planes, when measured as an average Ldn do have a lower noise level but they have a longer duration and tend to be more annoying. If you would measure the noise of a small plane going over a house, at 100 feet, you would find that it would easily measure a 80-90 decibels noise level. Councilmember Hall went back in time and gave history of the area in regard to zoning of an area causing residential next to industrial areas. We know the ramification of other bad decisions made by previous councils. Wilhelm asked the City Attorney if this request is denied, are there other uses for the land other than parks? Wayne Olson answered, there is a "fact issue" before the council tonight and he feels council can go either way on this action, as long as there would be other reasonable uses for the land. To not allow any use of the property because the airport is nearby would be comprising a "taking of the property". Deryl Perry- Washington and Associates Engineers. He referenced density on commercial zoning for the subject tract of land. They could create a landscape/buffer between the properties. He suggested city council approve a concept plan contingent upon sidewalks, treescaping, etc. Councilmember Evans stated he feels there are several uses for this property. He made a motion to disapprove and the concept plan. Motion: Evans Second: Muller Ayes: Evans, Muller, Springer, Wilhelm, Hall Nays: None Approved: 5-0 vote (to deny) appropriate the zoning Council adjourned for a five minute recess. City Council Minutes September 19, 1989 page nine Council returned from recess at 9:55 p.m. Agenda Item #9. ZA 89-39. Preliminary plat of Country Walk Addition A 43.222 acre tract of land out of the S.H. Thompson Survey, Abstract No. 1504, was presented. Owner/Applicant: Continental Joint Venture. A presentation was made by Karen Gandy, zoning administrator. Mr. Kirk Williams stated all items on the Cheatham review letter have been adhered to, except the stub out of streets. He stated that if City Council chooses to not consider the plat, they request a letter stating the reasons for not approving the plat as outlined in Article 974 (a) V.T.A.S. Mayor Fickes noted that the preliminary plat must conform to the approved concept plan, and we do not have a concept plan approved. Mr. Williams again stated that if the preliminary plat should be denied, he is requesting a list of reasons why, in writing, pursuant to Article 974 (a), V.T.A.S. Councilmember Wilhelm moved to deny ZA 89-39 because of previous disapproval of the zoning request and no concept plan that has been presented and approved in accordance with our ordinances. Motion: Wilhelm Second: Evans Ayes: wilhelm, Evans, Hall, Springer, Muller Nays: None Approved: 5-0 vote (to deny) Agenda Item #10 Ord. 334-69, 1st reading A zoning request for a 3.85 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. Owners: Jim and Cathy Brewerton. A presentation was made by Karen Gandy, Zoning Administrator, who indicated that the zoning request was approved by the Planning and Zoning Commission on September 7, 1989 by a vote of 6-0. The owner, Jim Brewerton, was present but did not wish to speak during the meeting. City Council Minutes September 19, 1989 page ten Agenda Item #10 Continued The public hearing resulted with no comments from the audience. Motion was made to approve Ordinance No. 334-69, Single Family-1 Zoning District. Motion: Springer Second: Evans Ayes: Springer, Evans, Hall, Wilhelm and Muller Nays: None 1st reading, for Mayor Fickes read the caption of the ordinance. Approved: 5-0 vote Agenda Item 911 ZA 89-41, Preliminary Plat of Brewerton Addn. The preliminary plat was presented by Jim a 3.85 acre tract of land out of the J.J. No. 521. and Cathy Brewerton, for Freshour Survey, Abstract Karen Gandy made the presentation, the preliminary plat by a 6-0 vote, Cheatham review letter of August 24, reporting that the P&Z approved provided that items 1-4 of the 1989 are complied with. Motion was made to approve the Addition, contingent upon items 1-4 dated August 24, 1989 being complied with and reducing way on Florence Road to 64'. Motion: Springer Second: Evans Ayes: Springer, Evans, Hall, Wilhelm, Muller Nays: None Approved: 5-0 vote preliminary plat of Brewerton of the Cheatham review letter, the right of Agenda Item ~12. ZA 89-42, Final plat of Chapel Downs Addition. The final plat of Chapel Downs Addition, a 65.0455 acre tract land out of the W.W. Hall Survey, Abstract No. 687, was presented for consideration. of Mrs. Gandy, Zoning Administrator stated during her presentation, that the Planning and Zoning Commission approved the final plat on September 7, 1989, contingent upon items 1-11 of the Cheatham letter of August 24, being complied with. City Council Minutes September 19, 1989 page eleven Agenda Item #12 Continued Phil Jobe, engineer for the developer, stated that they will improve Dove Creek Trail, in Summerplace Addition. They are also proposing that the developers agreement show that the Summerplace sewer treatment plant be replaced with a plant large enough to serve both additions. When they are through with the plant, they will deed it to the city. They will also permit and build the plant. Motion was made to approve ZA 89-42, final plat Addition. Motion: Evans Second: Hall Ayes: Evans, Hall, Muller, Springer and wilhelm Nays: None Approved: 5-0 vote of Chapel Downs Agenda Item #13. Proposed Zoning Map Mayor Fickes began the discussion on the proposed zoning map noting the following letters: 1) Diamond Shamrock. They want I-2 and the city is proposing I-1. 2) Norman Brown. He wants I-1 Zoning and the city is proposing B-1 Zoning District. 3) James Rau with Conoco. They want I-2 and the city is proposing I-1 Zoning District. PUBLIC HEARING Joe Potthoff- 6511 Ryan Plaza Drive, Arlington He submitted his solution to the zoning map in the area surrounding Woodland Heights. The map is incorporated into the minutes of this meeting. He stated the bottom line is they would like to extend the buffer yards. Is 125' buffer reasonable or is 200' buffer reasonable? Jim Martin- 768 Bandit Trail, Colleyville (owns Jellico Corner) He is being proposed for C-3 and is not happy. Most commercial users within the city are not happy with the ordinance, only the residential users are happy. C-3 is inadequate for him. His future is already here and he needs to use his property. Richar~ Allen- Explorer Pipeline. He presented a letter for the record. City Council Minutes September 19, 1989 page twelve Agenda Item #13 Continued Kim Moore- 217 Westwood, Woodland Heights Mrs. Moore stated she has collected petitions from 51 neighborhoods in Southlake. Their are alot of people who support woodland Heights. She asked that Council please listen to the property owners. Aloha Payne came forward and also presented petitions. Bob Miron property- It is recommended that his property be C-2, as this is a reasonable zoning for his present uses. Wayne Hood- 1820 Rainbow He stated it looks like their to him. is alot of inconsistencies on the map Billy Farrar- 600 Park Row, Arlington She has been a property owner in Southlake for some 35 years. She asked city council to affirm the map with B-1 to the north and I-1 to the south of the right of way at Rainbow. Lee Foster- 1713 Rainbow He thanked the City Council for all their work on the map and ordinance. He is sorry his area did not hire a planner, but he thanked Mrs. Farrar, as she did a good job representing their property. He is happy with the I-1 zoning on his property. He does not have any hard feelings toward the property owners in Woodland Heights. Theron Ragan- 1512 Rainbow He agreed to go with B-1 for his property. Donna Halley- 220 Westwood Drive She speaks for all of Woodland they live. Heights- They are proud of where Bob Miron- Miron Addition He reviewed the proposed the council. ordinance in Section 24.7 under B-1 for Public hearing closed. The following list of clarifications to the map were noted for the record: Identify Bill Massey property as extraterritorial jurisdiction (ETJ) Greenoaks and Yerkey Nursery's as C-3 City Council Minutes September 19, 1989 page thirteen Agenda Item %13 Continued Vista Trail- SF 20.0B IBM- PUD Sticks & Stones- B-1 Mesco- PUD I-1 EBY- I-1 PUD Shady Lane- Single Family Entex (Leaky Pipe) I-1 Pumpco- I-1 (Tract 6K) Birdsong (east of Bank St. on frontage road) "Anything not labeled is Agricultural" C-3 Motion was made to approve the proposed zoning map evening. Motion: Springer Second: Evans Ayes: Springer Evans, Muller, Hall, Wilhelm Nays: None Approved: 5-0 vote as amended this Council adjourned to recess at 12:10 a.m. Council returned to session at 12:20 a.m. Agenda Item #14. Ordinance No. 480, 2nd reading. Zoning Mayor Fickes announced that the 2nd reading on the Zoning Ordinance No. 480 is a public hearing. He stated that the corrections made during the previous meeting have been given to the city council tonight as prepared by the city attorney. Changes discussed tonight include: * Site Plan. Add to C-3 * A discussion was held on temporary construction offices, temporary real estate offices and temporary sales offices. Remove "0" on page 44-9 and move to "Y" on page 34-6. * Page 44-15 jj- change to "all" * Concept plan for zoning approval- add to C-4 * Buffer Yards- page 42-7 ( as outlined on the attached page). Councilmember Muller stated buffer yards are provided also, for the commercial user from residential complaints on noise, dirt and other issues. They are used when two incompatible uses are adjacent to each other to minimize adverse impacts from either side. City Council Minutes September 19, 1989 page fourteen A~enda Item %14 Continued Public Hearing: Conner Lam- 1280 Post Oak Trail He has questions in regards to "E" category of buffer yards. He stated the Planning and Zoning Commission had a reasonable buffer yard on commercial developments. In some cases a 40' buffer could make his property unusable. He feels 10'to 30' is more appropriate. Billie Farrar- 600 Park Row, Arlington In her case, with 30' to 75' buffer yard, can't even use. she will have land she Public Hearing closed. Motion was made to approve Ordinance No. 480, in modified tonight. Motion: Springer Second: Evans Ayes: Springer, Evans, Wilhelm, Muller, Hall Nays: None Approved: 5-0 vote second reading, as A~enda Items #15, 16, 17, & 18 Motion was made to postpone agenda items, #15, 16, the late hour. Motion: Springer Second: Hall Ayes: Springer, Hall, wilhelm, Evans and Muller Nays: None Approved: 5-0 vote 17, & 18, due to A9enda Item #19 Adjournment The meeting was adjourned by Mayor Gary Fickes. AT~EST. ~ ~ L ~ .-',,,~ A 'Sandra L. LeGrand ~-~ ~.~1~ %