Loading...
1989-10-17 CITY OF SOUTHLAKE 667 N. Carroll Avenue REGULAR CITY COUNCIL MEETING October 17, 1989 7:30 p.m. CITY COUNCIL PRESENT: Springer. Members: Ralph Evans. Mayor, Gary Fickes; Mayor Pro Tem Betty Rick Wilhelm, Sally Hall, Pamela Muller, CITY STAFF PRESENT: Curtis E. Hawk, City Manager; Michael Barnes, Director of Public Works; R.P. Steele, Fire Chief; Karen Gandy, Zoning Administrator; Renee Wheeler, Finance Officer; Eddie Cheatham and Greg Last, City Engineers; Wayne Olson, City Attorney; and, Sandra L. LeGrand, City Secretary. INVOCATION: Councilmember Ralph Evans. A work session was held beginning at 6:30 p.m. in order for City Council to discuss the items on tonight's meeting agenda. The meeting was called to order by Mayor Gary Fickes at 7:30 p.m. A~enda Item #2. Approval of Minutes The minutes of the October 3, 1989 City Council meeting were approved as amended. Motion: Evans Second: Muller Ayes: Evans, Muller, Hall, Wilhelm, Springer Nays: None Approved: 5-0 vote A~enda Item #3 Mayor's Report Mayor Fickes read a proclamation, proclaiming the month of December, 1989, as Tarrant County Holidays Ahead Alcohol Awareness Month. This program is intended to focus public attention on Alcoholism, one of the most pressing health problems of today. The Mayor also read a proclamation, in behalf of Texan's War on Drugs, who sponsor the Red Ribbon Campaign, proclaiming October 22 through 29 as Red Ribbon Week and October 25, 1989, as Red Ribbon Day in Southlake. Cathy Turner, spoke on behalf of the program, and thanked everyone who helped by participating in the Red Ribbon Campaign. City Council Minutes October 17, 1989 page two Agenda Item #3 Continued Mayor Fickes commended the Fire and Police Departments, stating they did a wonderful job on the major fire last week. There was help from several other departments, and it confirmed that the system works. The situation could have been a whole lot worse. Reference was made to a letter from Louis Gilbert, Postmaster from Grapevine, stating a postal facility is being planned for Southlake. A copy of the letter dated October 12, 1989, is incorporated into the minutes. Mayor Pro Tem Springer stated that location of a site for the postal facility is just the next step in a lengthy process. Once the site is tied down, they will go out for bids. It will be at least another year before we see a post office in Southlake. Mayor Fickes reported that he and Mayor Pro Tem Springer went to Atlanta Georgia last week to view 7 various Arvida Projects in that area. He made a video tape of the projects in order to share them with other Councilmembers. He felt it was a very worth while trip, as they saw alot and know what to expect of the Arvida Project in Southlake. While there, they also viewed a Mobil Development project. Councilmember Wilhelm reported on the Southlake Economic Development Council meeting which was held on October 4, 1989, where Dr. Bernard L. Weinstein, Director of the Center for Economic Development and Research spoke on Tax Abatement. Councilmember Sally Hall reported on "Care Fair 1989", where she represented the City Council by presenting a Proclamation which was read by Mayor Fickes at a city council meeting. She brought back items which Southlake might use in the future. The event was well attended and very nice, she enjoyed attending in behalf of Council. Mayor Pro Tem Springer announced that Metroport Cities Partnership will be hosting a seminar on "Incentives for Economic Development" October 25, at the Grapevine Convention Center. It will be open to the public. For more information contact the chamber office. Mayor Fickes announced that on October 18, a public meeting will be held at city hall, where the Nelson Corporation will be making a presentation on their future development in Southlake. It will begin at 7:30 p.m., the public is invited. City Council Minutes October 17, 1989 page three A~enda Item #4. City Manager's Report City Manager, Curtis Hawk, stated that the Department Reports are in the packet, and if Council has any questions, staff members are present to assist in answering them. He stated that the city closed out last year with an increase in sales tax receipts. We recovered $13,000, and came out over the expected revenues. Hawk commented that on the "Spivey Fire" they are appreciative of other cities that responded. It shows the benefit of our mutual aid inter-local agreements. It was a problem due to media reporting wrong, and the city was not able to answer all the calls. Mayor Fickes stated in regards to Municipal Court, 106 cases were appealed during September, and inquired, "at what time do we become a Court of Record"? Mayor Pro Tem Springer stated she would like for the City to pursue becoming a "Court of Record". Councilmember Sally Hall commended the City Manager and City Staff for ending the year in a positive cash flow, this will certainly help the city for future bond ratings. A~enda Item %5,6,7,8,9,10- Consent A~enda Councilmember Wilhelm requested that agenda item #7 the consent agenda. be removed from The consent agenda items consist of: Resolution 89-55 Authorizing the Mayor to enter into a contract with Metrocrest Medical Services, Inc., for continuing education for EMS personnel. Resolution 89-56 Authorizing the City Manager to enter into a contract with Tarrant County for purchasing of supplies, equipment and materials. Resolution 89-58. Authorizing the Mayor to enter into an Interlocal Agreement between Tarrant County and the City of Southlake for the reconstruction of North Kimball Road. 9. Liability Insurance. 10. Request permission to advertise for bids for copier. City Council Minutes October 17, 1989 page four Agenda Item # 5,6,8,9,19 Consent A~enda Motion was made to approve agenda items 5,6,8,9,10 as a agenda. Motion: Hall Second: Evans Ayes: Hall, Evans, Wilhelm, Muller, Springer Nays: None Approved: 5-0 vote consent A~enda Item #7 Resolution 89-56 Councilmember Wilhelm questioned the city's bidding requirement in the contract with Houston/Galveston Area COG for the purchase of all items available through HGAC including police and fire vehicles, however, his question was answered. Motion was made to approve Resolution 89-56 as written. Motion: Muller Second: Evans Ayes: Muller, Evans, Springer, Hall, wilhelm Nays: None Approved: 5-0 vote Agenda Item #11 Public Forum Kim Clancy- 1016 Alamo, Southlake, Texas Mrs. Clancy questioned the trip that was taken to Atlanta, Georgia, by Mayor Fickes and Mayor Pro Tem Betty Springer. She also questioned whether or not the Fire Department and the Texas Air Control Board had been working with Eutectic Metals in an effort to bring the business up to standards. Her question was prompted by the recent fire in the business. A copy of her statement is hereby incorporated into the minutes of this meeting. Mayor Fickes replied to Mrs. Clancy's statement by saying that the city did pay for their trip to Georgia, and that the city attorney advised it would be wrong for the city to let Arvida pay for the trip. He added that Arvida is putting in a fairly large community and he questioned what the project will look like in five to seven years. While in Atlanta, they went through seven developments and one development by Mobil Development Corporation. They learned a lot and saw a lot of what Arvida is doing. There are no projects in this area like the ones they saw while on the trip. City Council Minutes October 17, 1989 page five Agenda Item 911 Continued Mayor Pro Tem Springer stated she feels the standards Arvida set will have to be equalled by Southlake developers. They had the opportunity to see the quality of work of the builders who were accepted to build in the projects there. Councilmember Hall stated that the of the trip and agreed they should the city. other Councilmembers were aware go. It was a valuable trip for Curtis Hawk, City Manager stated in reference to the Eutectic Metal fire, that Southlake now has a full time fire inspector who is trying to prevent these kinds of things from happening. During the next year, the city will inspect every business. Public forum closed. Agenda Item 912. Ordinance No. 480-01, 2nd reading, PUD A zoning request for a 826.386 acre tract of land out of the O.W. Knight Survey, Abstract No. 899, H. Medlin Survey, Abstract NO. 1037 and 1038, Hollingsworth & Barrett Survey, Abstract No. 798, John Gibson Survey, Abstract No. 591, H. Granberry Survey, Abstract No. 581. The current zoning is Agricultural and Single Family, with a request for Planned Unit Development (PUD). A presentation was made by Karen Gandy, Zoning Administrator, who stated the Planning and Zoning Commission recommended approval of the zoning request by a vote of 4-0, contingent upon compliance to the engineers letter, and with the condition that construction is to begin within a three (3) year period. The applicants had no comments. The public hearing resulted with no comments from the audience. The proposed school site was a topic of discussion, however, the developer commented that the area circled for a school site, is intended to flag the "general area" as a proposed school site. Motion was made to approve the 2nd reading of Ordinance No. zoning the 826.386 acre tract as a Planned Unit Development Motion: Muller Second: Springer Ayes: Muller, Springer, Hall, Wilhelm, Evans Nays: None Mayor Fickes read the caption of the ordinance. Approved: 5-0 vote. 480-01, (PUD) . City Council Minutes October 17, 1989 page six Agenda Item #13 ZA 89-43. Replat of Drake Estates The replat of Drake Estates, Block 1, Lot 6, making Lots 6-R-1 and 6-R-2, was considered by the city council. The presentation was made by Karen Gandy, Zoning Administrator, who stated that she sent out eleven (11) letters to property owners within 200', as required by ordinance. The Planning and Zoning Commission recommended approval of the replat on October 5, contingent upon compliance of the Cheatham review letter of September 25, 1989. The owner of the property was not present for the meeting. Motion was made to approve ZA 89-43, conditioned upon the applicant moving the lot line between 6-R-1 and 6-R-2, such that Lot 6-R-1 is in compliance with the zoning laws, and including compliance with the Cheatham review letter dated October 12, 1989. Motion: Wilhelm Second: Evans Ayes: wilhelm, Evans, Springer, Muller, Hall Nays: None Approved: 5-0 vote Councilmember Wilhelm questioned if the large metal building on the property is permitted through the city. Answer: yes. ~enda Item #14 ZA 89-47 Final plat of Brewerton Addition. The final plat of Brewerton Addition was presented to the city council for approval. The 3.85 acre tract of land out of the J.J. Freshour Survey, Abstract No. 521, is owned by Jim and Cathy Brewerton. The zoning administrator made a presentation, locating the property on the map for the council. Mr. Brewerton was present to answer questions for the council. Motion was made to approve ZA 89-47 as presented. Motion: wilhelm Second: Hall Ayes: Wilhelm, Hall, Springer, Evans and Muller Nays: None Approved: 5-0 vote City Council Minutes October 17, 1989 page seven Agenda Item #15 Developers Agreement, Chimney Hill Addn. Phase I Director of Public Works, Mike Barnes, outlined the contents of the Developers Agreement of Chimney Hill Addition, Phase I, for the City Council. He explained that at this time, sewer services are not available to the property. The developer presented a plan to the city, in that they would escrow $50,000, with the city, to pump sewer. If that is not needed, the funds will go to the city funds. If pumping does occur, the developers agree to keep a minimum of $20,000 in the fund. Any money left in the fund when sewer becomes available, would become the property of the city. The developers of Chimney Hill wish to begin development, with the signing of the developers agreement. Dale Clark, president of Warren Clark Development Company, stated they will mow all the lots until they are built on, and they in turn will recover their money from the builder. It was also determined that there will be street lights in the addition. Councilmember Wilhelm asked that the record reflect that he is opposed to pumping. He was also opposed to it with Arvida, however, he realizes both developers have letter's from the city, and he is prepared to honor the letters. A copy of the letter to the developer, will be attached to the developers agreement. Mayor Fickes noted that the city will control the pumping at it's option. The issue will be spelled out in the developers agreement. The tank is to be located on Lot 2, off Chimney Works Road, and is to be buffered from the Curb residence and from Continental Blvd. Councilmember wilhelm wants to be sure that the area is maintained, free from odor. Billy Jon Curb- 1640 W. Continental Blvd., Southlake. Mr. Curb is concerned about the drainage from the property onto his property. He has heard their is no problem with drainage, however, he feels there is a problem. His concern is with the drainage ditch between Lots 8 & 9, flowing onto his property. Mayor Fickes suggested that the developers engineer meet with Mr. Curb and work out the details. Fred Joyce- Randol Mill Road, Southlake. Joyce asked about pumping of sewer on the Stone property, and was told that there would only be one property pumping and now there are two properties allowed to pump. City Council Minutes October 17, 1989 page eight Agenda Item #15 Continued Mayor Fickes explained that the Trinity River Authority (TRA) made commitments to the city about one year ago, and based on those commitments, two letters were written, which allowed for pumping in the two additions, in the event the sewer line is delayed. TRA dropped the ball, which has placed the city in an adverse position with TRA. Dale Clark stated they would like a "not to exceed" put Developers Agreement on sewer connection fees. Motion was made to approve the Developers Agreement with Hill, Phase I, as modified. Motion: Wilhelm Second: Evans Ayes: Wilhelm, Evans, Springer, Muller Nays: Hall Approved: 4-1 vote (Hall voted against) in the Chimney Council adjourned to recess at 9:25 p.m. Council returned to session at 9:37 p.m. Agenda Item #16 Developers Agreement- Chapel Downs Addition. The Developers Agreement for Chapel Downs Addition was reviewed by Mike Barnes, Director of Public Works. The item was discussed but was held until after agenda item #19, discussion on sewer fees. A~enda Item 919 Discussion: Sewer Fees The sewer fees for Big Bear Interceptor and the Denton Creek pressure system were reviewed by Mike Barnes, Director of Public Works. A complete copy of the information presented tonight is hereby incorporated into the minutes of the meeting. Mr. Barnes asked for a go-ahead from City Council, to place an agreement with TRA on the November 7, 1989 City Council agenda. Mayor Fickes noted that the agreement will be on the agenda for that date. Mayor Pro Tem Springer left the meeting at 10:30 p.m. as she became ill. A~enda Item #16 Continued (Dev. A~reement for Chapel Downs Addn.) Phil Jobe, Manager for Chapel Down Addition, was present and stated they want to start permit procedures for a larger treatment plant that will serve Chapel Downs and Summerplace, as soon as the developers agreement is signed. It will take approximately 30 days to change out the plants, once the permits are in place. City Council Minutes October 17, 1989 page nine A~enda Item #16 Continued Councilmember Wilhelm noted that the intent of the City Council, is that they would like to go with the line and the developer will have the ability to use the existing treatment plant at Summerplace for up to capacity or twenty (20) homes, whichever comes first. Motion was made to approve the Developers Agreement as modified. Modifications include: Construction traffic. That the developers will endeavor to advise the contractors not to enter the subdivision from the Summerplace Addition. 2. Grass and weeds. The developer and/or builder will be responsible for mowing grass and weeds. 3. Sewer facilities. A cap be placed on the number of certificates of occupancies issued for the existing treatment plant, equal to the capacity of the existing plant or 20 houses, which ever is the least. 4. The clarification of impeding development. The City would not impede the permitting or developement process of Chapel Downs Addition. The Director of Public Works is to insure that the reconstruction process for Dove Creek Trail as described in the Deverloper's Agreement is sufficient. The City agrees to release 10% of the lots for residential permits after the underground utilities are installed and before paving of the subdivision is started. This will permit builders to start construction and be ready with model homes for the 1990 Spring market. Motion: Wilhelm Second: Evans Ayes: wilhelm, Evans, Nays: None Approved: 4-0 vote Hall, Muller A~enda Item #17 and ~18 Discussions: Subdivision Control/Drainage Motion was made to table the discussion on the ordinance and the drainage ordinance. Motion: Wilhelm Second: Muller Ayes: Wilhelm, Muller, Hall, Evans Nays: None Approved: 4-0 vote subdivision control City Council Minutes October 17, 1989 page ten Agenda Item #20 Executive Session Mayor Fickes announced that City Council would be going into executive session pursuant to V.T.A.S. Article 6252-17, Section 2 (e) and 2 (f). Refer to posted list of litigations. Council adjourned to executive session at 11:45 p.m. Council reconvened into open session at 12:12 a.m. Agenda Item #21 Action Necessary No action was necessary as a result of the executive session. Agenda Item #22 Resolution 89-57, Appointment to Board of Adjustment Resolution No. 89-57 was approved, naming Joe Bentley as a member, from an alternate member position. Also, naming Minder as Alternate I, and naming Bill Stoner as Alternate 2. Motion: Wilhelm Second: Evans Ayes: Wilhelm, Evans, Hall Nays: None Abstention: Muller Approved: 3-0-1 regular Dennis Agenda Item #23 Resolution 89-59 Selection of TAD Nominee To Board Resolution 89-59 was discussed and a motion was made to not select a nominee to the Tarrant Appraisal District Board of Directors. Motion: Muller Second: Evans Ayes: Muller, Evans, Wilhelm, Hall Nays: None Approved: 4-0 vote (not to select a nominee) Agenda Item #24 Resolution 89-60, Selection of Member for Steering Committee Resolution 89-60, selection of a member from City Council to serve on a steering committee inquiring into the reasonableness of TU Electric Service Rate Structure and evaluation and management of the prudency of the Comanche Peak Nuclear Plant, was discussed. City Council Minutes October 17, 1989 page eleven Agenda Item #24 Continued Motion was made to select Councilmember Pamela Councilmember Ralph Evans as alternate member to committee as described in the resolution. Motion: Hall Second: Wilhelm Ayes: Hall, Wilhelm, Evans, Muller Nays: None Approved: 4-0 vote Muller and the steering Agenda Item #25 Adjournment Mayor Fickes called adjourned. for adjournment at 1:17 a.m. The -Gary Ficke's Mayor of Southlake S~ndra L. LeGra~d City Secretary meeting was