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1989-12-05 CITY OF SOUTHLAKE 667 N. Carroll Avenue REGULAR CITY COUNCIL MEETING December 5, 1989 7:30 p.m. CITY COUNCIL PRESENT: Mayor, Gary Fickes; Mayor Pro Tem Betty Springer. Members: Sally Hall, Rick Wilhelm, Ralph Evans. ABSENT: Councilmember Pamela Muller CITY STAFF PRESENT: Curtis E. Hawk, City Manager; Michael Barnes, Director of Public Works; Karen Gandy, Zoning Administrator; R.P. Steele, Fire Chief; Eddie Cheatham, City Engineer; E. Allen Taylor, 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 the City Council members to discuss the items on tonight's meeting agenda. The regular City Council meeting was called to order by Mayor Gary Fickes at 7:40 p.m. Agenda Item 92 Approval of Minutes The minutes of the Special City Council 15, 1989, were approved as presented. Motion: Wilhelm Second: Springer Ayes: Wilhelm, Springer, Hall Nays: None Abstention: Evans Approved: 3-0-1 vote meeting held on November The minutes of the Regular City Council 21, 1989, were approved as modified. Motion: Springer Second: Evans Ayes: Springer, Evans, wilhelm Nays: None Abstention: Hall Approved: 3-0-1 vote meeting held on November The minutes of the Special City Council meeting held on November 28, 1989 will be held for approval until the next City Council meeting. City Council Minutes December 5, 1989 page two A~enda Item #3 Mayor's Report Mayor Fickes stated one of the great things about being Mayor is that you get to say some nice things about some people. He introduced Gary Fuller and Jerald Brown. Captain Gary Fuller joined the Volunteer Fire Department in July, 1979. He was selected as Fire Fighter of the Year in 1980 and again in 1986. Jerald Brown joined the Volunteer Fire Department in March, 1977. In 1979 he was promoted to Captain, and, again in 1984, he was promoted to Deputy Chief, in charge of suppression. Both gentlemen are fine examples of what the Volunteer Fire Department is all about. Statistics show that 80% of all firefighters in the country are volunteers, so with that in mind, Chief R.P. Steele presented the two men with recognition plaques, thanking them for all the years that they spent in the department. Gary Fuller stated that one of his best friends talked him into joining the department. He did it because he wanted to and was there to help. He is glad he was able to do it and hope that it helped. Mayor Fickes congratulated the Carroll Dragons. They didn't quite make it to state, however, we should look out for next year. Councilmember Sally Hall stated she attended a luncheon with Chief Steele this past week, where she represented City Council, and accepted a check for $500.00 for the the city, from Suburban Propane and their home company, Quantum Chemical, who is kicking off in Texas, a state wide first, and national wide program. They are taking Emergency Medical Services under their wing and helping them where they can. The Fire Department will be using the money for an Infant CPR Dummy, as the one they are currently using, is not working properly. Mayor Fickes noted that the City Staff has a Christmas Box in the hall for food and toys for the needy, if anyone is interested in contributing, it would be appreciated. Also, the Fire Department is collecting food and toys for G.R.A.C.E. Councilmember Wilhelm noted that the S.E.D.C. meeting scheduled for December 6, has been cancelled. The next regular meeting is scheduled for January 3, 1990. City Council Minutes December 5, 1989 page three Agenda Item #4 City Manager's Report Curtis E. Hawk, City Manager reported that as of this time, we do not have a firm date as to when the traffic lights on Highway 114, at Dove Road and White Chapel Road will be installed. He will report on this during the next City Council meeting. Hawk has had recent conversations with the City of Grapevine in reference to the extraterritorial jurisdiction on their north/west boundary line. Hopefully, this issue will be resolved in the near future. Agenda Item #5 and #6 Consent Agenda Resolution No. 89-69, authorizing the temporary closing of Plantation Drive for Christmas "tour of homes". Resolution 89-70, authorizing the City Manager to enter into an agreement with Delmar Disposal Company dumping City Hall and Bicentennial Park septic at Bank Street Treatment Plant. Motion was made to table agenda item #6, time certain, 1989 City Council meeting. Motion: wilhelm Second: Evans Ayes: Wilhelm, Evans, Springer, Hall Nays: None Approved: 4-0 vote (to table) December 19, Motion was made to approve Resolution written. Motion: Springer Second: Hall Ayes: Springer, Hall, Evans, Wilhelm Nays: None Approved: 4-0 vote. 89-69, agenda item #5, as Agenda Item #7 Public Forum Greg Roemer, P.O. Box 59507, Dallas, Texas (Community Waste Disposal). Mr. Roemer requested an opportunity to bid on the waste disposal contract for the City of $outhlake, when the current contract expires. City Council Minutes December 5, 1989 page four ~genda Item #7 Continued In response to Mr. Roemer's the city would send out RFP's current contract expires. comments, Curtis Hawk explained that and also advertise for bids when the Public forum closed. Agenda Item %8 ordinance No. 480-04, 2nd reading. Diamond Shamrock Zoning request for a 27.81 acre tract of land out of the J.N. Gibson Survey, Abstract No. 591, more commonly known as Lot 1, Brumlow Industrial District. Current zoning is Industrial-1 with a request for Industrial-2 Zoning District. Karen Gandy, Zoning Administrator, made a presentation. Rodney Smith, Realestate Representative with Diamond Shamrock, was present to answer questions for the council. He stated he met with City Staff, and they seemed pleased with the plan. Diamond Shamrock plans to add one more tank and a foaming system, however, no definite plans have been made at this time. The public hearing resulted with no comments. Motion was made to approve Ordinance No. 480-04, 2nd reading for Industrial-2 Zoning for the 27.81 acre tract of land in the Diamond Shamrock property. Motion: Wilhelm Second: Evans Ayes: Wilhelm, Evans, Springer Nays: Hall Mayor Fickes read the caption of the ordinance. Approved: 3-1 vote Agenda Item #9, Ordinance No. 480-05, 2nd reading. T.J. McHale Zoning request for an 8.23 acre tract of land out of the W.W. Hall Survey, Abstract No. 695, being the eastern portion of Tracts 5 and 5A. Agricultural, with a request for Office-1 Zoning District. Zoning Administrator, Karen Gandy, made a presentation. John Levitt, Levitt Engineers, was present to answer questions. No comments were received during the public hearing. City Council Minutes December 5, 1989 page five Agenda Item ~9, Continued Motion was made to approve the second 480-05. Motion: Springer Second: Evans Ayes: Springer, Evans, Wilhelm, Hall Nays: None reading of Ordinance No. Mayor Fickes read the caption of the ordinance. Approved: 4-0 vote. Agenda Item #10, Ordinance No. 480-06, 2nd reading T.J. McHale Zoning request for a 32.72 acre tract of land out of the W.W. Hall Survey, Abstract No. 695, being the western portion of Tracts 5 and 5A. Current zoning is Agricultural, with a request for Single Family lA, Residential, zoning district. A presentation was made by Karen Gandy, Zoning Administrator. The public hearing resulted with no comments. Motion was made to approve the second 480-06. Motion: Springer Second: Evans Ayes: Springer, Evans, Wilhelm, Hall Nays: None reading of Ordinance No. Approved: Mayor Fickes read the caption of Ordinance No. 480-06. 4-0 vote. A~enda Item #11, Ordinance No. 480-07, 2nd reading. PUD Ordinance No. 480-07, a zoning request and Development Concept Plan for a 242.4624 acre tract of land out of the John T. Bailey Survey, Abstract No. 97, Tract lA; P.J. Hyde Survey, Abstract No. 667, Tracts 1, lA, 2, 3; and, James Thornhill Survey, Abstract No. 1505, Tract 1F. Current zoning is Agricultural, request is for the Planned Unit Development (PUD) for Residential use. Zoning Administrator, Karen Gandy, stated during her presentation that Timber Lake Addition have planned for 1.8 units per acre. She sent 23 notices to property owners within 200', and received 12 responses. The Planning and Zoning Commission recommended approval of the PUD on November 23, 1989. City Council Minutes December 5, 1989 page six Agenda Item #11 Continued Craig Curry, Nelson Corporation, addressed the City Council. He explained the changes that were made, as a result of the meetings held over the past few days with Councilmembers. The changes include: 1) removed lots on the northwest corner and added open space. 2) provided information on the wall on FM 1709. 3) modification due to crowded area in Phase 1, they removed six (6) lots. 4) changed lot depth, making a minimum of 135' with the majority of the lots being 140' on the east and west. In essence, they added more active forms of recreation space, including two parking areas to get onto the jogging trails. They are willing to take the lots down to 145 units or 1.8 units per acre for the PUD. The minimum front yard set backs will be 30' with no more than 10 lots being 30', with the remainder of the lots being 35' front set backs. Screening and landscaping were discussed by Mr. described the signage. They plan landscaping, staggering of the wall with a masonry sign. Curry. He burming and Mayor Fickes noted in reference to the lots in the southwest corner of the development, that in the past the city has required 3/4 acre lots abutting larger lots. The city has been very consistant with this and intends to be consistent in the future. The public hearing resulted with no comments. Motion was made to approve Ordinance discussed tonight. Motion: Wilhelm Second: Springer Ayes: Wilhelm, Springer, Hall, Evans Nays: None No. 480-07, 2nd reading, as Mayor Fickes read the caption of the ordinance. Approved: 4-0 vote. Mayor Pro Tem Springer expressed thanks to Craig Curry and the Nelson Corporation, for working so well with the City Council members on this development. City Council Minutes December 5, 1989 page seven Agenda Item #12, ZA 89-62, Dev. Site Plan for Timber Lakes The development site plan for Timber Lakes, Phase 1, was presented for consideration. The 85.12 acre tract of land is out of the John T. Bailey Survey, Abstract No. 97 and the P.J. Hyde Survey, Abstract No. 667. ~aren Gandy, Zoning Administrator, noted that the Planning and Zoning Commission approved the item during the November 9, meeting, contingent upon the Cheatham review letter of October 30, 1989, with a vote of 6-0. Craig Curry noted that Phase 1 has 8.66% of open space, which amounts to 10% open space. Councilmember Wilhelm noted for the record that when and if the City received the development plan on land to the west, the city will extend the jogging area and green belt. On the tennis courts to the north, he is concerned about the lighting for property to the north. Mr. Curry answered, they are using directional lighting to the area so as not to disturb the area to the north. They will not light the multi-use court near the tennis court. Mayor Fickes noted that at some of the meetings, their was talk about the city owning the open recreational area, however, that did not come about. Motion was made to approve the development site plat for Timber Lakes, Phase 1. Motion: Wilhelm Second: Evans Ayes: Wilhelm, Evans, Hall, Springer Nays: None Approved: 4-0 vote. Agenda Item #13 ZA89-63, Pre Plat of Timber Lakes, Phase 1 The zoning administrator, Karen Gandy, noted that Phase I will consist of 85.75 acres with 165 residential units. The completion date for this phase is planned for October, 1990. This item was tabled from the November 21, 1989 City Council meeting. City Attorney, E. Allen Taylor Jr., informed the City Council that they are not required to act on a preliminary plat within a certain time limit. City Council Minutes December 5, 1989 page eight A~enda Item #13 Continued Motion was made to continue ZA 89-63, preliminary plat for Timber Lakes, Phase 1, at the request of the applicant, time certain, December 19, 1989. Motion: Springer Second: Wilhelm Ayes: Springer, wilhelm, Hall, Evans Nays: None Approved: 4-0 vote City Council adjourned to recess at 9:20 p.m., returning at 9:35 p.m. ~enda Item #14 ordinance No. 480-03, 1st readin~ Keystone Partners Zoning request for a 0.499 acre tract of land out of the Oak Knoll- LakeView Addition, Block E, Lot 20. Current zoning is Single Family-1 with a request for Office-1. Karen Gandy, Zoning Administrator, made a presentation stating this is a continuation of the public hearing. David McMahan, Keystone Partners, was present for the meeting to answer questions for the council. McMahan stated that in the next ninety (90) days, they will start the entry into the office park. The first building will be built on Lot 4. It has been established that their are no plans to use Oak Knoll Drive for this addition. Traffic will enter and exit off the Hwy 114 service road. Currently there is nothing on Lot 20. The public hearing resulted with no comments. Councilmember Wilhelm commented that he sees that this is a very intense area, not only because of traffic on Highway 114, but in the air. It was the understanding (at least at Planning and Zoning Commission level), that eventually, as they looked at the original Oak ~noll-LakeView Addition, this area would be going into the office type of development, as it is probably the best use for that location. Councilmember Sally Hall stated she feels the city is fortunate that the office park will be the stick and brick type, and she is pleased with the architect design of the structure, in that area of the city. City Council Minutes December 5, 1989 page nine Agenda Item #14 Continued Mr. McMahan commented that a continuation of Gatewood, south to East Southlake Blvd. would be relatively simple as Lot 11 is vacancy as well as Tract 3, located on east Southlake Blvd. Motion was made to approve Ordinance No. 480-03, 1st reading, as presented. Motion: Wilhelm Second: Evans Ayes: Wilhelm, Evans, Hall, Springer Mayor Fickes read the caption of the ordinance. Approved: 4-0 vote. Agenda Item #15 Ordinance No. 483, 1st reading. Subdivision Control Allen Taylor, City Attorney, reviewed for the Council, the changes that were made to the Subdivision Control ordinance, as a result of the work session, held on November 28, 1989. Motion was made to approve the 1st reading of the Subdivision Control Ordinance No. 483, with the proviso that Council chooses to reflect its final approval authority on the plats; and, making the change on the park fee to reflect payment of the fee at the time the Developers Agreement is executed and approved by the City Council; and, the modification of Article 7 to show that it is one acre to fifty (50) lots as opposed to one acre per twenty-five (25) lots. Motion: Wilhelm Second: Evans Ayes: Wilhelm, Evans, Springer, Hall Nays: None Mayor Fickes read the caption of the ordinance. Approved: 4-0 vote. Agenda Item %17, Conditional Sign Permit for IBM/McGuire Thomas Director of Public Works, Mike Barnes, explained that an application has been submitted for a conditional sign for IBM/McGuire Thomas. Richard Kuhlman, 9 Village Circle, Suite 500, Westlake, was present for the meeting to answer questions for the Council. He described two possible kinds of finishes for the structure, adding, that they want a good surface and will look at the cost alternatives before deciding. City Council Minutes December 5, 1989 page ten Agenda Item #17 Continued The sign will be located between Kirkwood and North side of Highway 114. The sign will be 36 with an overall size of 56 feet. Dove Road on the feet vertically, Motion was made to approve McGuire/Thomas. Motion: Springer Second: Wilhelm Ayes: Springer, Wilhelm, Evans Nays: Hall Approved: 3-1 vote. the request as presented by Councilmember Hall expressed that she feels the sign should reflect Southlake in some way. Agenda Item #16, Ordinance No. 482, 1st reading. Drainage. City Engineer, Eddie Cheatham, noted the changes which were made as a result of the Special City Council Meeting held on November 28, 1989, when Council reviewed the drainage ordinance in detail. Motion was made to approve Ordinance drainage, as submitted. Motion: Wilhelm Second: Evans Ayes: Wilhelm, Evans, Springer, Hall Nays: None No. 482, 1st reading, Mayor Fickes read the caption of the ordinance. Approved: 4-0 vote. Agenda Item #18, Pro Rata Fees for Off-Site Sewer and Perimeter Roads Director of Public Works, Michael Barnes, reviewed the information prepared by the Technical Review Committee on pro rate fees for Off-Site Sewer and Perimeter Roads. The information is hereby incorporated into the body of the minutes. The items will appear on the next City Council Meeting for consideration. Agenda Item #19, Reject Bids for Copiers The City Manager explained the reason that he is asking the City Council to reject the bids on the copiers for city hall, is because their was not a buy-out clause in the specifications, and one of the bids received, did include a buy-out clause. The City will readvertise City Council Minutes December 5, 1989 page eleven Agenda Item #19 Continued as soon as possible, including a buy-out specifications. clause in the Motion was made to reject the bids for readvertise as soon as possible. Motion: Evans Second: Springer Ayes: Evans, Springer, Hall, Wilhelm Nays: None Approved: 4-0 vote copier for city hall and Agenda Item ~20, Ordinance No. 492, 1st reading "Freeport Exemption" The City Manager, Curtis E. Hawk, explained Ordinance No. 492, providing for the taxation of property exempted under Article VIII, Section I-j of the Texas Constitution. He discussed the ordinance and stated he has asked Tarrant Appraisal District for information in regards to whether or not we currently have property currently being taxed. Councilmember wilhelm wanted to know what the Carroll I.S.D. is doing about this. Also, how did the precincts in Southlake vote on this constitutional amendment, during the election held this past November. Motion was made to approve Ordinance No. 492, 1st reading, contingent upon the information being provided to the City Council before the second reading. Motion: Springer Second: Evans Ayes: Springer, Evans, Hall, Wilhelm Nays: None Mayor Fickes read the caption of the ordinance. Approved: 4-0 vote. Councilmember Wilhelm emphasized that this is a preliminary vote and it is important that the City of Southlake look at this from an economic standpoint, and that he needs to look at the information requested, and that he is not bound by the vote tonight. City Council Minutes December 5, 1989 page twelve Agenda Item #21 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), 2(f), 2(g). Refer to posted list of litigations. Council adjourned into executive session at 11:55 p.m. Council returned to open session at 1:23 a.m. Agenda Item #22 Action Necessary/ Litigations Motion was made to authorize the City Manager to evaluate the possible acquisition of a possible drainage easement to be acquired by the city. Motion: Wilhelm Second: Springer Ayes: Wilhelm, Springer, Evans, Hall Nays: None Approved: 4-0 vote. Agenda Item #23 Action Necessary/ Land Acquisition Motion was made to authorize the purchase of an easement on the Larry Cole, Monticello Property, in the amount of $9,400.00. Motion: Wilhelm Second: Springer Ayes: wilhelm, Springer, Hall, Evans. Nays: None Approved: 4-0 vote Agenda Item #24 Resolution 89-68 Committee No action was taken on this item tonight. Agenda Item #25 Salary Adjustments for Employees Motion was made to authorize the City Manager to proceed with his recommendation on salary adjustments as presented, to be effective with the December 15, 1989, pay check. Motion: Springer Second: Hall Ayes: Springer, Hall, Wilhelm, Evans Nays: None Approved: 4-0 vote. City Council Minutes December 5, 1989 page thirteen Agenda Item #25 Continued Motion was made to adjust the annual salary of the $55,000. with an adjustment in automobile allowance $400. per month. Motion: Springer Second: Hall Ayes: Springer, Hall, Evans, Wilhelm Nays: None Approved: 4-0 vote City Manager to from $350. to Motion was made to pay the City Secretary, $32,000. per year. Motion: Wilhelm Second: Springer Ayes: Wilhelm, Springer, Hall, Evans Nays: None Approved: 4-0 vote an annual salary of Motion was made to pay the Judge and Alternate Judge the same fee of $250.00 per court session, and authorizing compensation of $35.00 per trip for arraignments with a cap of $500.00 per month. Motion: Springer Second: Evans Ayes: Springer, Evans, Hall, Wilhelm Nays: None Approved: 4-0 vote Agenda Item #26 Adjournment Motion was made to adjourn the meeting at Motion: Evans Second: Springer Ayes: Evans, Springer, Hall, wilhelm Nays: None Approved: 4-0 vote 1:30 a.m. Mayor of Southlake