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1989-11-07 CITY OF SOUTHLAKE 667 N. Carroll Avenue REGULAR CITY COUNCIL MEETING November 7, 1989 7:30 p.m. CITY COUNCIL PRESENT: Mayor, Gary Fickes; Mayor Pro Tem Betty Springer. Members: Pamela Muller, Ralph Evans, Rick Wilhelm and Sally Hall. CITY STAFF PRESENT: Curtis E. Hawk, City Manager; Michael Barnes, Director of Public Works; R.P. Steele, Fire Chief; Karen Gandy, Zoning Administrator; Eddie Cheatham, City Engineer; Allen Carlton, Building Official; Wayne Olson, City Attorney; and, Sandra L. LeGrand, City Secretary. INVOCATION: 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. Mayor Fickes called the meeting to order at 7:30 p.m. Agenda Item #2 Approval of Minutes The minutes of the October 17, 1989 City Council approved as amended. Motion: Springer Second: wilhelm Ayes: Springer, Wilhelm, Hall, Muller and Evans Nays: None Approved: 5-0 vote. meeting were Agenda Item #3 Mayor's Report Mayor Fickes reported that he attended several sessions during the Annual TML Conference held in San Antonio, October 25-27. Two of the sessions he attended were: City Council-City Manager Relations and Park Funding. The City Manager introduced Allen Carlton, the new Building Official to the Council and the audience. Curtis Hawk stated that the Southlake Economic Development Council is in the process of developing a model incentive program including tax abatements which will be helpful when we are working with companies such as GTE or IBM. The incentive program should be completed in the near future. City Council Minutes November 7, 1989 page two Agenda Item #3 Continued Last Friday, Curtis Hawk and Councilmember Pamela Muller attended a meeting for area cities involved in the issue of expansion of Dallas/Fort Worth Airport. Hawk added that Southlake is the only city that currently has a settlement agreement with the airport. Our settlement includes having a Airport Compatible Zoning Ordinance in place by March 1990. Mayor Fickes announced that agenda #11 has been tabled at the request of the developer and that there is no item #14 on the agenda. Mayor Pro Tem Springer announced that last Friday, she attended a meeting with the Film Commission of North Texas. She is hopeful that after the first of the year, depending on the city's financial condition, that Southlake will consider joining as a part of the commission. They look after their own and they try to divert projects to the areas that are part of the commission. The financial impact that a crew brings into the area is considerable. Springer also noted that the Carroll High School Marching Band won Regional Competition last Saturday in Wichita Falls and will be going to Austin on Monday, November 13, for the State Marching Championship. We wish them luck. Councilmember Muller reported that she also attended the TML Conference and while there, she attended a seminar on issuing bonds. She thought it was very informative and was able to get alot of her legal questions answered. She brought back information for several departments in the City and for Cap Teens. Muller also referenced a letter she had written to TU Electric a month ago in regards to power shortages in Southlake. The reply she received stated they have completed projects in the Southlake area which should provide for better service and they also planned future projects which will provide for a continuation of improved service. A copy of the information is incorporated into the minutes. Agenda Item #4 City Manager's Report Curtis E. Hawk, City Manager, reported that the Police Chief, in conjunction with the school Special Services Officer, is needing to complete a couple more tests, and the officer will soon be on board. City Council Minutes November 7, 1989 page three Agenda Items 95, ~6, #7, Consent Agenda The consent agenda consisting of the following items: Resolution 89-61, authorization for Tarrant County Right- Of-way Department to proceed with the acquisition process either by negotiation or eminent domain, for property on FM1709, as a blanket approval. Resolution 89-62, authorization for the Mayor to enter into a Mutual Aid Agreement with DFW Airport for Disaster Assistance. Resolution 89-63, authorization for the Mayor to renew the contract with Tarrant County for the Collection of Taxes. Motion was made to approve the consent agenda items as listed above. Motion: Springer Second: Evans Ayes: Springer, Evans, Hall, Muller, Wilhelm Nays: None Approved: 5-0 vote Agenda Item #8. Public Forum The Public Forum resulted with no comments from the audience. Agenda Item 99 Ord. 491, 1st reading. Trinity River Authority Wayne Hunter, Manager of Development for the Trinity River Authority (TRA), made a presentation stating they currently have two agreements. An Interim Diversion Agreement and a Financial Contract. The Interim Diversion Agreement (IDA) will allow the City to transfer sewer from the Denton Creek Pressure System to the Big Bear Interceptor for a period of seven (7) years. The contract stipulates that at the end of the seven (7) years, if the City has not rerouted the sewer to the Denton Creek Pressure System or provided other means of treating the sewage the TRA will enforce the penalties listed in the agreement. The IDA also requires penalties for exceeding anticipated yearly flows, as projected in an engineering report prepared by Epsey Houston, for the term of the agreement. The flows were prepared based on maximum anticipated population growth in the Dove Creek Basin and are considered to be very conservative. City Council Minutes November 7, 1989 page four A~enda Item #9 Continued The financial contract authorizes TRA to sell $1,400,000 of sewer revenue bonds to construct and install the "Big Bear Creek Interceptor Extension S-6". The engineering, construction, easement preparation and acquisition costs are projected to be $1,100,000 and the remaining $300,000 is for legal, inspection, bonding, and contingency costs incurred by TRA. The bonding retirement is for a period not to exceed 25 years. A provision has been included in the agreement for the engineering, easement preparation and acquisition phase of the project to be paid by the City of Southlake on an interim basis. TRA will reimburse the City these expenditures as soon as the bonds are sold which is anticipated to be sometime in February or March, 1990. A copy of a letter dated November 3, 1989, from Wayne Hunter of TRA to City Manager Curtis E. Hawk is incorporated into the minutes of the meeting. Public Hearing: Billy Jon Curb- 1640 W. Continental Blvd. He asked the Mayor to make a statement contract means to the citizens. in regards to what the The City Manager answered, the city contracted several years ago with TRA to build a Denton Creek line and a Big Bear line. The Big Bear line has had some things happen which have caused it to be delayed. The contract allows the city to delay building the Denton Creek line and it allows for phasing it in, rather than pay for the whole thing now, when we don't have many people on it, it allows us to pay it out. Wayne Hunter indicated that he would give the City a letter stating that completion date for the Big Bear Line will be October 1990. Motion was made to approve Ordinance No. 491, 1st reading, adding "binding on City of Southlake and Trinity River Authority", in Section 2 of Ordinance No. 491. Motion: Springer Second: Evans Ayes: Springer, Evans, Muller, Hall, Wilhelm Nays: None Mayor Fickes read the caption of Ordinance No. 491. Approved: 5-0 vote Council agreed that if "binding on City of Southlake and Trinity River Authority" cannot be added, they agree to go with it as is. City Council Minutes November 7, 1989 page five Agenda Item #10. Ordinance No. 480-02, let reading. ZA 89-49, a zoning request for a 4.205 acre tract of land out of the J.G. Allen Survey, Abstract NO. 18, Tract 4M, was discussed in the City Council meeting. Karen Gandy, Zoning Administrator stated that the current zoning is Agricultural, with a request for B-2 Commercial Manufacturing Zoning District. The owner of the property, John Juira, was not present for the meeting. She noted that six (6) letters were sent to property owners within 200' The Planning and Zoning Commission denied the request on October 19, 1989, by a 4-0 vote. Public Hearing John Keller- owner of the property to the south. Mr. Keller asked that City Council uphold the P&Z decision by denial of the request. He feels Southlake has a good zoning plan, but don't start chipping away at it. Public hearing closed. Motion was made to deny Ordinance No. 480-02, let reading. Motion: Wilhelm Second: Hall Ayes: Wilhelm, Hall, Springer, Muller, Evans Mayor Fickes read the caption of the ordinance. Approved: 5-0 vote (to deny) Councilmember Wilhelm is not only concerned about the water flow but, B-2 Zoning is too intensive a use for the area. Mayor Pro Tem Springer expressed concern about the owner not being present for the hearing, so that Council could get questions answered. ~genda Item #11 Ordinance No. 480-03, let reading. Zoning request for 0.499 acre tract of land out of the Oak Knoll-LakeView Addition, Block E, Lot 20. Owner: Keystone Partners. Motion was made to table the let reading on the ordinance, request of the owners. Motion: Springer Second: Evans Ayes: Springer, Evans, Muller, Hall, Wilhelm Nays: None Approved: 5-0 vote at the City Council Minutes November 7, 1989 page six A~enda Item #12 Ordinance NO. 479, 1st reading. The first reading on Ordinance No. 479, Airport Compatible Zoning Ordinance was discussed. Mr. Jeff Bunting, DFW Airport Planning and Engineering Department was present for the meeting. Councilmember Pamela Muller stated she had written Mr. Jeff Fegan, with DFW Airport, inquiring, since there had been so many maps with different noise contours, which ones are applicable to our zoning ordinance. She felt from Mr. Fegan$ reply that it is still the 1974 contours. City Attorney, Wayne Olson stated when he drafted the ordinance, he made some assumptions on the noise contours. We may want to revise the ordinance, as it was assumed that only a small portion was effected by the noise contours. Wilhelm requested the City Attorney to contact the airport in regards to modifying the settlement agreement so that the city will have updated noise contours incorporated into the agreement. Motion was made to table the 1st reading on until November 21, 1989, City Council meeting. Motion: Wilhelm Second: Springer Ayes: wilhelm, Springer, Hall, Muller, Evans Nays: None Approved: 5-0 vote Ordinance No. 479, Council adjourned for recess at 9:15 p.m. Council reconvened into open session at 9:30 p.m. A~enda Item ~13 Ordinance No. 489, 1st reading, Speed Limits Ordinance No. 489, altering the prima facie speed limits established for vehicles on certain streets and highways within the corporate limits of Southlake was discussed. Motion was made as written. Motion: wilhelm Second: Hall Ayes: wilhelm, Nays: Muller Approved: to approve the 1st reading of Ordinance No. 489, Hall, Evans, Springer Mayor Fickes read the caption of the ordinance. 4-1 vote. Councilmember Muller expressed that her vote against the ordinance was because of school children who may cross Highway 114, and because of the fast traffic. City Council Minutes November 7, 1989 page seven Agenda Item #14. No Item Agenda Item #15 ZA 89-48, Pre. Plat of By Faith Baptist Church The preliminary plat of By Faith Baptist Church Addition, a 1.0591 acre tract of land out of the S.H. Thompson Survey, Abstract No. 1504, Tracts 5C and 5B1 and the L.A. Clay Survey, Abstract No. 346, Tract lA3, was discussed. A presentation was given by Karen Gandy, Zoning Administrator, who stated that four (4) letters were sent to property owners within 200', and received a reply from Betsy Shatley, who recommended no expansion of the church take place, as the property is to small. Motion was made to approve the preliminary plat, subject to the conditions in the Cheatham review letter of November 3, 1989, being adhered to. Motion: Wilhelm Second: Evans Ayes: Wilhelm, Evans, Muller, Hall, Springer Nays: None Approved: 5-0 vote. Agenda Item #16. ZA 89-50, Revised Pre. Plat of Lonesome Dove Est. The revised preliminary plat of Lonesome Dove Estates, a 72.88 acre tract of land out of the N.E. Thompson Survey, Abstract No. 1563, was discussed. Motion was made to approve the revised preliminary plat of Lonesome Dove Estates, based on the conditions in the October 31, 1989, Cheatham review letter and with the changing of Dove Road to Lake Drive on the plat. Motion: Evans Second: Wilhelm Ayes: Evans, Wilhelm, Springer, Muller, Hall Nays: None Approved: 5-0 vote Agenda Item #17. ZA 89-51, Final Plat of Lonesome Dove, Phase I The final plat of Lonesome Dove Estates, Phase I, was discussed. The 31.196 acre tract of land is out of the N.E. Thompson Survey, Abstract No. 1563. City Council Minutes November 7, 1989 page eight Agenda Item #17 Continued Motion was made to approve the final plat of Phase 1, Lonesome Dove Estates, based on the October 31, 1989 Cheatham review letter , and subject to the appropriate street name provision. Motion: Wilhelm Second: Springer Ayes: Wilhelm, Springer, Hall, Muller, Evans Nays: None Approved: 5-0 vote. Councilmember Sally Hall stepped down for Agenda Item #18, as she is a property owner within 200', of the property in question. Agenda Item #18, Developers Agreement, Hillwood Estates Michael Barnes led the discussion in regards to the Developers Agreement of Hillwood Estates, stating since the development is made of one acre lots, septic systems will be permitted. The perimeter street ordinance does not apply, as Randol Mill Road is not in the city. All standard issues are included in the agreement. Motion was made to approve the Developers Agreement deleting perimeter street and adding the easement at Pheasant Lane. Motion: Springer Second: Evans Ayes: Springer, Evans, Muller, Wilhelm Nays: None Approved: 4-0 vote. as written, the end of Councilmember Sally Hall returned to the Council table. A~enda Item #19. Extension of Time on Arvida Developers Agr. Michael Barnes, Director of Public Works explained the reason for the request for time extension to December 15, 1989, for the Arvida's Developers Agreement. Motion was made to approve the extension Agreement, until December 15, 1989. Motion: Springer Second: Muller Ayes: Springer, Muller, Hall, Evans, Wilhelm Nays: None Approved: 5-0 vote to the Developers City Council Minutes November 7, 1989 page nine Agenda Item #20 Discussion: Goode Airport-Reclassification The City Manager, Curtis E. Hawk, explained to City Council that Mr. Robert Goode feels an error was made when the reclassification was done recently. His property was reclassified as C-3, however, the southern portion of his property was left as Agricultural. Mr. Goode, wrote a letter to the City Council informing them that the property extends all the way to West Continental Blvd. He would like his entire property reclassified as Industrial. This item is continued on page 9-A of the minutes. Agenda Item #21 and #22 Discussion: Drainage and Subdivision Motion was made and approval given to table the discussions on the proposed Subdivision Control Ordinance and the Drainage Ordinance. Motion: Evans Second: Muller Ayes: Evans, Muller, Hall, Wilhelm, Springer Nays: None Approved: 5-0 vote Agenda Item 923 Discussion: Joint Polling Place for Elections Councilmember Sally Hall led a discussion in regards to the Carroll Independent School and the City holding General Elections in the same location. She reported that on October 20, Charles Curry, Election Judge; Aloha Payne, Alternate Judge, Sandra L. LeGrand, City Secretary; John Lowrey and Joyce Rogers with the school, and herself met to discuss the possibilities of holding the general elections in the same location. Councilmember Hall stated that the group viewed the proposed location that was being offered to the city. A copy of the comments received from the Judge and Alternate Judge are hereby incorporated into the Minutes. Mayor Fickes and Council members thanked Councilmember Hall for her time that was spent fathering facts and reviewing the issues on the election location issue. Agenda Item #24 Discussion: Staff Sewer Fee Study. Director of Public Works, Michael Barnes led the discussion in regards to staff sewer fee study and a contract agreement with consulting engineers for the purpose of providing an engineering report and land use plan for impact fee study. A complete copy of the information provided, is hereby incorporated into the minutes of this meeting. City Council Minutes November 7, 1989 page 9-A Agenda Item #20 Continued: Good Airport-Reclassification Mr. Goode was concerned that part of his property is currently zoned C-3 as reclassified recently, and the southern most portion of his property, which was annexed into the city in October, 1987 is still Agricultural. It was explained to Mr. Goode that the northern portion of his property, had been zoned Light Industrial prior to the reclassification, where the southern portion was Agricultural, and therefore, left as Agricultural. Only zoned property was reclassified under Ordinance No. 480. Mr. Goode stated he does not currently have any structures on the property in question. In reference to city taxes, Mayor Pro Tem Springer stated he does not have to have a zoning change in order to get a tax brake on the property. Councilmember Wilhelm stated that just because the use is there, doesn't mean Council has to rezone it. Mayor Fickes added, zoning doesn't have anything to do with the use. Mr. Goode can continue to use it for airport with the Agricultural zoning. Wilhelm added, that he feels there are uses for every piece of property in Southlake. He would rather leave Mr. Goode's property as Agricultural and continue the airport use and the City Council must recognize that use and when another use comes in, the City Council can look at it at that time for rezoning. Mayor Fickes stated he feels airport is an industrial use, however, Goode Airport is the only one in town. He is zoned C-3 nearer to FM1709 and when Mr. Goode comes in for a zoning change, he will have to have a site plan and surveys. Wilhelm stated in defense of Mr. Goode, that Mr. Goode is saying, "did you make a mistake and miss me when you reclassified." If City Council did miss him, he is calling attention to the error. Wilhelm feels he would like for the city maps to properly show the entire run way, leaving the property as Agricultural for this time, considering a change when the use changes, or at a future date. City Council Minutes November 7, 1989 page ten Agenda Item #25 Executive Session Mayor Fickes announced that the 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 12:40 a.m. Agenda Item #26 Action Necessary As a result of the executive session, motion was made to authorize the city staff to settle the dispute between the City of Fort Worth, City of Keller, and City of Southlake on water matters. Motion: Wilhelm Second: Springer Ayes: Wilhelm, Springer, Hall, Muller, Evans Nays: None Approved: 5-0 vote. Agenda Item #27 Resolution 89-64, Vote on TAD Board Members Resolution 89-64, was approved, where the City Council cast the (10) votes allocated to Southlake, for James Norwood, Director of the Tarrant Appraisal District Board. Motion: Springer Second: Hall Ayes: Springer, Hall, Muller, Evans, Wilhelm Nays: None Approved: 5-0 vote ten for Agenda Item #28. Resolution 89-52, Ap.pt. of Acting City Secretary Resolution 89-52, was approved, naming Kim Bush as the Acting City Secretary. Motion: Wilhelm Second: Hall Ayes: Wilhelm, Hall, Springer, Evans Nays: Muller Approved: 4-1 vote Councilmember Muller expressed that her vote opposing the resolution was not directed at Kim Bush, but that she feels the Secretary to the City Manager is a violation to the intent of the City Charter, in that the offices of the City Secretary and the City Manager are to remain separate. City Council Minutes November 7, 1989 page eleven Agenda Item #29. No action was regards to the Committee. A~enda Item 430 Adjournment Action Necessary -Appointment of Committee taken as the result of the executive session in appointment of a Capital Improvements Advisory Mayor Fickes adjourned the meeting at 12:55 a.m. AT~E S T: Sandra L. LeGrand City Secretary