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1989-12-19 CITY OF SOUTHLAKE 667 N. Carroll Avenue REGULAR CITY COUNCIL MEETING December 19, 1989 7:30 P.M. COUNCILMEMBERS PRESENT: Mayor, Gary Fickes; Mayor Pro Tem Betty Springer. Members: Sally Hall, Rick Wilhelm, Ralph Evans, Pamela Muller. CITY STAFF PRESENT: Curtis Hawk, City Manager; Michael Barnes, Director of Public Works; Karen Gandy, Zoning Administrator; Eddie Cheatham, City Engineer; Wayne Olson, City Attorney; and, Sandra L. LeGrand, City Secretary. Renee' Wheeler, Captain Malcomb Jackson and R.P. Steele, Fire Chief were present for the Department Reports. INVOCATION: Councilmember Ralph Evans. A work session was held beginning at 6:30 p.m. for the purpose of discussion of the items on the agenda. The meeting was called to order at 7:30 p.m. by Mayor Gary Fickes. Agenda Item #2 Approval of the Minutes The minutes of the Special City Council 28, 1989, were approved as presented. Motion: Wilhelm Second: Muller Ayes: Wilhelm, Hall, Muller Nays: None Abstention: Springer and Evans Approved: 3-0-2 vote Meeting held on November The minutes of the Regular City Council Meeting 1989, were also approved as presented. Motion: Wilhelm Second: Hall Ayes: Wilhelm, Hall, Springer, Evans Nays: None Abstention: Muller Approved: 4-0-1 vote held on December 5, Agenda Item #3 Mayor's Report Mayor Fickes stated that he has met with City of and they are working toward an agreement between Southlake, for sewer. Colleyville Mayor Colleyville and City Council Minutes December 19, 1989 page two Agenda Item #3 Continued The Mayor reported on a traffic accident which happen December 16, in which Annie Oehert and Gena Ansohn were involved, adding, that a fund has been set up at American Bank of Commerce in Grapevine. Those who wish to contribute may do so. Councilmember Rick Wilhelm reported that the next S.E.D.C. Meeting will be held the 1st Wednesday in January. Councilmember Pamela Muller reported on a seminar she attended in Austin, December 13,14,15 on the Aids Program in Texas. Mayor Fickes stated he and others from the City attended the opening of Alliance Airport on December 15, 1989. Mayor Pro Tem Springer announced that the Southlake Chamber of Commerce Banquet will be held on February 3, 1990 and that Ross Perot Jr. will be speaker. Councilmember Muller thanked Shirley Robbins and members of City Staff for planning the very successful employee dinner held on December 16, at the Grapevine Steak House. A good time was had by all who attended!! Agenda Item #4 City Manager's Report Curtis Hawk, City Manager, reported that the Department Reports are in the packets, if their are any questions, the Department Heads are present to answer questions for Council. Hawk also reported that the sales tax receipts are up over the same period last year. Captain Jackson was present and reported adding that this is the first time we have officers in a long time. on the S.T.E.P. program, had a full compliment of Councilmember Sally Hall commented on a program being used by the City of North Richland Hills for a juvenile court. She ascertained if possibly Southlake would benefit from this kind of program. Eagle Scout, Michael Bettis, was present for the meeting, working on his "Citizenship in the Community" badge. Mayor Fickes and Councilmembers welcomed Michael to the meeting. City Council Minutes December 19, 1989 page three Agenda Item #5 Consent Agenda The consent agenda was presented as follows: Resolution 89-70, authorizing the City Manager to enter into an agreement with Delmar Disposal Company for dumping City Hall and Bicentennial Park septic at Bank Street Treatment Plant. Motion was made to approve Resolution 89-70, consent agenda. Motion: Evans Second: wilhelm Ayes: Evans, Wilhelm, Springer, Muller, Hall Nays: None Approved: 5-0 vote as presented in the Agenda Item #6. Public Forum No comments were received during the public forum. Agenda Item #7. Presentation/Brad Bradley on SL-Troph~ Club Merger Brad Bradley, chairman of the Southlake-Trophy Club Merger Committee, was present for the meeting and reported on the results of a meeting held by the Trophy Club Merger Committee and the action taken during the meeting. He stated that the idea of the merger was initiated by Mayor Jim Carter with City of Trophy Club. Southlake's committee has been in operation for eighteen (18) months, and the committee was broken down into sub-committees. Other members present from Southlake Committee were Vice-Chairman, Ernest Johnson, and members, Aloha Payne and Bob Steele. Bradley announced that during Trophy Club meeting held on December 5, they voted unanimously to dissolve their committee, which in turn caused the Southlake Committee to become mute. He stated the two issues involved were; 1) dealing with MUD and tax issues and, 2) the representation issue. Mr. Bradley referenced letters dated November 15, December 5, and December 7, which are included with the minutes of the meeting. Mayor Fickes stated he would have liked to get a little more information and knowledge on certain areas, to see what the whole picture would have looked like. City Council Minutes December 19, 1989 page four Agenda Item #7 Continued Mayor Pro Tem Springer thanked the committee members, and stated she is personally disappointed that it ended this way. She felt this would have been an opportunity for both cities. She does feel however, that this will come up again. Councilmember Hall stated she feels the cities wasted time and money. She would hate to see this come up every two years. Councilmember Muller was disappointed that the committee ended this way. She was under the understanding that when the facts were gathered, a report would be submitted and further action would be taken. Where she remained neutral, she was looking forward to looking at all the issues and then the vote. She too feels the possibility of a merger will come up again. Motion was made to disband the Southlake-Trophy Club Committee and extend thanks to the members of the committee. Motion: Springer Second: Muller Ayes: Springer, Muller, Evans, Wilhelm, Hall Nays: None Approved: 5-0 vote Merger Agenda Item #8 Ordinance No. 480-03, 2nd reading (ZA 89-52) Ordinance No. 480-03, 2nd reading, a zoning request for 0.499 acres of land out of the Oak Knoll-LakeView Addition, Block E, Lot 20, was discussed. Current zoning is Single Family-l, with a request for Office-1 Zoning District. Karen Gandy, Zoning Administrator, made a presentation six letters were sent to property owners within responses were received, all opposed to the request. stating that 200', three Gandy stated that on October 19, the Planning and Zoning Commission voted 3-1 to approve the request. On December 5, the 1st reading was approved by City Council, with a vote of 4-0. David McMahan, an owner with Keystone Partners, was present to answer questions for the Council. He stated that all access into the addition will come from the Highway 114 service road. Mayor Pro Tem Springer stated that considering the plans for Highway 114, this site lends itself to office rather than residential, with the highway traffic and also with the air flights over the property. She stated that she certainly sympathizes with the property owners in that location. City Council Minutes December 19, 1989 page five Agenda Item ~8 Continued It was noted that the land use plan for the city, shows this property as mixed use. The public hearing resulted with no comments. Motion was made to approve Ordinance No. 480-03, Motion: Springer Second: Evans Ayes: Springer, Evans, Hall, Wilhelm, Muller Nays: None 2nd reading. Mayor Fickes read the caption of the ordinance. Approved: 5-0 vote ~.genda Item #9. Ordinance No. 480-08, 1st reading (ZA89-64) Ordinance No. 480-08, 1st reading, a zoning request for a 5.23 acre tract of land out of the Thomas M. Hood Survey, Abstract No. 706, Tract 8H. Current zoning is Agricultural, request is for the Single Family-lA Zoning District. A presentation was made by Karen Gandy, Zoning Administrator. The owner, Mary Arnold, was present for the meeting to answer questions for the Council. She stated that there is currently an older home on the property. She wishes to utilize the home until the new home is completed, then she agrees to tear down the old home. The public hearing resulted with no comments. Motion was made to approve Ordinance No. 480-03, with the amendment changing the zoning from Single Family-lA to Residential Estates Zoning District, and with the proviso that the applicant agrees to execute an agreement with the City of Southlake, to tear down the older house and with the understanding that a temporary certificate of occupancy will be issued on the new home, until the older home is torn down, with a time limit of 60 days within completion of the new home. Motion: Wilhelm Second: Springer Ayes: Wilhelm, Springer, Muller, Evans, Hall Nays: None Mayor Fickes read the caption of the ordinance. Approved: 5-0 vote. City Council Minutes December 19, 1989 page six Agenda Item #10 ZA 89-65, Pre Plat of Arnold Estates The preliminary plat of Arnold Estates was Council. The 5.23 acre tract of land is out Survey, Abstract No. 706, Tract 8H. presented to the City of the Thomas M. Hood Karen Gandy, Zoning Administrator, made the presentation. The Cheatham review which indicated that area. letter of December 1, item #9, was discussed, an easement should be provided around the lake Motion was made to approve ZA 89-65, preliminary plat Addition, provided the final plat is in compliance Cheatham review letter of December 1, 1989. Motion: Springer Second: Muller Ayes: Springer, Muller, Hall, wilhelm, Evans Nays: None Approved: 5-0 vote of Arnold with the Mayor Gary Fickes stepped down for agenda items #11 and 912, as he is a property owner within 200 feet. Mayor Pro Tem Springer chaired the meeting for those items. Agenda Item #11, Ordinance No. 480-09, 1st reading. (ZA 89-67) ordinance No. 480-09, 1st reading, A zoning request for a 3.00 acre tract of land out of the Thomas Easter Survey, Abstract No. 474, Tract 2A4, and the Samuel Freeman Survey, Abstract No. 525, Tracts 3Al and 3B1, was discussed. Current zoning is Agricultural, request is for the Commercial-3 Zoning District. A presentation was made by Karen Gandy, who noted that the property is within the 65 Ldn, noise contours and that the Planning and Zoning Commission recommended approval of this agenda item during the December 7, meeting, with the proviso that when planning the buffering, that the Single Family-1 buffering be used. The public hearing resulted with no comments. Motion was made requested. Motion: Wilhelm Second: Hall Ayes: Wilhelm, Nays: None to approve Ordinance No. 480-09, 1st reading, as Hall, Evans, Springer, Muller Mayor Pro Tem Springer read the caption of the ordinance. Approved: 5-0 vote City Council Minutes December 19, 1989 page seven Agenda Item 912 Pre Plat of Carrick Press Addition The preliminary plat of Carrick Press Addition, was presented to Council for approval. The 3.00 acre tract of land is out of the Thomas Easter Survey, Abstract No. 474, Tract 2A4 and the Samuel Freeman Survey, Abstract No. 525, Tracts 3Al and 3B1. Owner: C.C. Hall Jr. Mrs. Gandy made the presentation. Motion was made to approve the preliminary plat subject to the items in the November 30, 1989 Cheatham review letter being adhered to. Motion: Muller Second: Evans Ayes: Muller, Evans, Hall, Wilhelm, Springer Nays: None Approved: 5-0 vote Mayor Fickes returned to the City Council table. A recess was held from 9:10 p.m. to 9:20 p.m. Agenda Item 913, Ordinance No. 480-10, 1st reading (ZA 89-69). Zoning request for a 17.9977 acre tract of land out of the C.B. McDonald Survey, Abstract No. 1013, Tract 3B1 and 3B2. Current zoning is Agricultural, request is for the Industrial-2 Zoning District. A presentation was made by Karen Gandy, Zoning Administrator, who stated she sent out six letters to property owners within 200 feet. Shelley Hacker, 8350 North Central Expressway, with Fina Oil and Chemical Company, was present and stated they have no near term expansion plans for the property. This action is being requested in order for them to be in compliance with Ordinance No. 480. The public hearing resulted with no comments. Motion was made to approve Ordinance No. Motion: Springer Second: Evans Ayes: Springer, Evans, Muller, Evans, Nays: None 480-10, 1st reading. wilhelm Mayor Fickes read the caption of the ordinance. Approved: 5-0 vote City Council Minutes December 19, 1989 page eight Agenda Item #14 Final Plat of By Faith Baptist Church The final plat of By Faith Baptist Church Addition was presented to the City Council. The 1.0591 acre tract of land is out of the S.H. Thompson Survey, Abstract No. 1504, Tracts 5B1 and 5C and the L.A. Clay Survey, Abstract No. 346, Tract lA3. Charles David Oxley, Deacon with By Faith Baptist Church, was present for the meeting to answer questions for Council. Motion was made to approve ZA 89-66, final plat of By Faith Church, subject to the staff requirements of items 1-4 December 1, Cheatham review letter. Motion: Evans Second: Muller Ayes: Evans, Muller, Hall, wilhelm, Springer Nays: None Approved: 5-0 vote Baptist in the Agenda Item #15 ZA 89-63, Pre Plat of Timber Lakes, Phase I The preliminary plat of a 85.12 acre tract of land out of the John T. Bailey Survey, Abstract No. 97 and P.J. Hyde Survey, Abstract No. 667, was considered by the City Council. Karen Gandy, Zoning Administrator, noted that this item was tabled from the December 5, City Council meeting so that the engineers could have additional time to review the plat. Bryan Marcus with Nelson Corporation was present to answer questions for the Council. He stated they have reviewed the engineers comments and agree with them. Mayor Pro Tem Springer remarked that everyone on the City Council is concerned about preserving the trees and they will be looking at this development very closely. Motion was made to approve the preliminary plat of Timber Lakes, Phase I, subject to items #3, #4, #5, in the December 14, Cheatham review letter being complied with, also with the informational comments in the letter being adhered to. Motion: Wilhelm Second: Muller Ayes: Wilhelm, Muller, Hall, Evans, Springer Nays: None Approved: 5-0 vote City Council Minutes December 19, 1989 page nine Agenda Item # 16, Ordinance No. 483, 2nd reading. Subdivision Control The subdivision control ordinance was reviewed by Wayne Olson, City Attorney. The corrections which were made at the previous meeting were discussed. Curtis Hawk, City Manager, suggested that the changes which were discussed this evening be incorporated into the ordinance and delivered to the City Council members prior to the next meeting, in order for them to have time to review the completed ordinance before the vote on the 2nd reading. Motion was made to continue the public hearing of Ordinance No. 483, subdivision control, time 1990. Motion: Evans Second: Muller Ayes: Evans, Muller, Springer, Wilhelm, Hall Nays: None Approved: 5-0 vote (to continue the public hearing) on the 2nd reading certain January 2, A~enda Item #17 Ordinance No. 482, 2nd reading. Drainage The Drainage Ordinance was discussed. The public hearing resulted with no comments. Motion was made to approve Ordinance No. 482, presented. Motion: Evans Second: Muller Ayes: Evans, Muller, Hall, Wilhelm, Springer Nays: None 2nd reading, as Mayor Fickes read the caption of the ordinance. Approved: 5-0 vote Agenda Item #18, Ordinance No. 492, 1st reading, Providing for taxation of property exempted under Texas Constitution Ordinanoe No. 492, providing for taxation of property exempted under Article VIII, Section I-j of the Texas Constitution, was discussed. City Council Minutes December 19, 1989 page ten Agenda Item #18 Continued Motion was made to approve Ordinance written. Motion: Hall Second: Springer Ayes: Hall, Springer, Muller Nays: Wilhelm and Evans No. 492, 2nd reading Mayor Fickes read the caption of the ordinance. Approved: 3-2 vote. Mayor Pro Tem Springer asked that City Staff prepare additional information after the first of the year on this issue, so that the exemption can be considered before the April 1 deadline. as Agenda Item #19, Ordinance No. 392, 1st reading. Pro Rata Fees Off-Site Sewer. The City Manager briefly explained how the pro rate fee ordinance for off site sewer came about. He referenced the Technical Review Committee and the report which they presented by Council. After discussion, motion was made to approve Ordinance No. reading, subject to the comments made in tonight's meeting. Motion: wilhelm Second: Muller Ayes: wilhelm, Muller, Springer, Evans, Hall Nays: None 493, 1st Mayor Fickes read the caption of the ordinance. Approved: 5-0 vote Agenda Item #20, Ordinance No. 494, 1st reading. Pro Rata Rate Perimeter Roads City Manager, Curtis Hawk, reviewed the ordinance for Pro Rata Rates for Perimeter Roads. Motion was made to approve Ordinance No. 494, 1st reading, for Pro Rata Fees for Perimeter Roads, including the changes submitted this evening as a result of the last discussion on the subject. City Council Minutes December 19, 1989 page eleven Agenda Item #20 Continued Motion was made to approve Ordinance No. including the changes submitted this evening. Motion: Springer Second: Evans Ayes: Springer, Evans, Hall, Muller, Wilhelm Nays: None 494, 1st reading, Mayor Fickes read the caption of the Ordinance Approved: 5-0 A~enda Item #22, Amendment to Water Contract- Keller, Fort Worth, Southlake The City Manager made an explanation as to what led to the dispute over the water bill. Motion was made to authorize the Mayor to execute amend the Fort Worth Contract for Water Service Fort Worth, City of Keller, and City of Southlake. Motion: Muller Second: Hall Ayes: Muller, Evans, Wilhelm, Hall Nays: SpringerApproved: 4-1 vote the agreement to between City of A~enda Item #22 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 to executive session at 12 midnight. Council returned to open session at 12:45 a.m. A~enda Item #23 Action Necessary No action was necessary as the result of the executive session. Agenda Item %24 Action Necessary No action was necessary as the result of the executive session. City Council Minutes December 19, 1989 page twelve Agenda Item #25, Resolution 89-68, Appointment Resolution 89-68 was discussed. The City Secretary is to contact citizens from a list prepared by City Council, in order to establish who might be interested in serving on the Capital Improvements Advisory Committee. No action was taken on the resolution during this meeting. Agenda Item #26, Adjournment Motion was made to adjourn the meeting at 1:50 a.m. Motion: Wilhelm Second: Springer Ayes: Wilhelm, Springer, Nays: None Approved: 5-0 vote. Hall, Muller, Evans M~fyor Gars Fickes