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1990-04-03 CITY OF SOUTHLAKE 667 N. Carroll Avenue REGULAR CITY COUNCIL MEETING April 3, 1990 7:30 p.m. COUNCILMEMBERS 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; Karen Gandy, Zoning Administrator; Robert P. Steele, Fire Chief; Billy Campbell, Police Chief; Eddie Cheatham, City Engineer; Wayne Olson and Betsy Elam, City Attorneys; and, 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 the items on the agenda for tonight's meeting. The Regular City Council meeting was called to order by Mayor Gary Fickes at 7:30 p.m. Agenda Item #2, Approval of the Minutes The Minutes of the March 27, 1990, City approved as modified. Motion: Springer Second: Muller Ayes: Springer, Muller, Evans, Wilhelm, Hall Nays: None Approved: 5-0 vote. Council meeting were Agenda Item #3, Mayor's Report Mayor Fickes noted that this morning, Curtis Hawk, Mike Barnes, Barry Emerson and himself attended a meeting at the State Department of Highways in regards to the FM 1709 Project. He added that if the right-of-way acquisition can be quickly obtained, the actual construction can start before the March 1992 date which is about six month ahead of the schedule. Fickes also noted that he had met with Mayor Bill Tate of Grapevine in regards to the possibility of Southlake using the Grapevine sewer system for the building in front of Skaggs, which is in Southlake. Tate was to talk to his Council during tonight's meeting. City Council Minutes April 3, 1990 page two Agenda Item #3 Continued Councilmember Wilhelm announced that the Southlake Economic Development Council will met on Wednesday morning at 8:30 a.m. at city hall. They will review the revised Economic profile. Sonny Rhodes with TU Electric will met with them concerning a program they are offering on industrial development. Wilhelm stated he has also learned some of the things that TU Electric can offer the city, such as marketing property. Agenda Item #4, City Manager's Report No comments were received during the City Manager's Report. Agenda Item #5, Public Forum No comments were received during the Public Forum. Agenda Item #6, Public Hearing/Land Use Assumptions Mayor Fickes stated the official purpose of the hearing is to receive public comment on the land use and planning assumptions that will underlie the water and wastewater capital improvements plan for fee development and subsequent impact fee calculation. Barry Emerson, chairperson of the committee, explained the general charge of the committee is to review and recommend planning and engineering bases for water and wastewater capital recovery fees and act as advisory body to City Council on the capital recovery fees. Senate Bill 336 sets the standards for this committee. Emerson introduced the members of the committee, including: Joe Wright, Kurt Miller, Ernest Johnson, Paul McCallum, Bob Hopkins, Stephen Apple and Bruce McCombs, alternate member. Mickey Fishbeck, Rimrock Consulting Company was present and gave an overview stating that the City of Southlake intends to charge "Capital Recovery Fees" to new water and wastewater customers and to existing customers which require expanded service. Under current State Law, these fees are classified as "Impact Fees" and as such are subject to the requirements of Senate Bill 336 of the 70th Texas Legislature. Under SB336, Southlake must come into compliance with certain technical and procedural requirements to continue to assess these fees. Mike Monroe, Cheatham and Associates, added that requirements is that Southlake establish "land use be used in the development of these fees. apart of those assumptions" to City Council Minutes April 3, 1990 page three Agenda Item # 6 Continued Monroe added that the proposed service areas are contiguous with the city boundaries of the City of Southlake. The SB336 requires that Southlake project changes in population, land uses, densities, and intensities of development within the conceptual service area within the next ten years and at full buildout. The projected growth rate for the next several years is 7%. Council of Governments (COG) uses forecast showing the annual growth rate at 1.6% for the 9 County Region. The Northeast portion of Tarrant County is the fastest growing region adding 30,000 new jobs over the next ten years. Southlake is projected to double over the next 10 years being 12,000 population. Ms. Fishbeck informed the Council that they have 30 days to take action, following the hearing. The public hearing resulted with no comments from the audience. Motion was made to approve or adopt the land use assumptions for the purpose of developing impact fees for the Southlake water and wastewater utilities, in accordance with SB336 of the 70th legislation. Also, adopting the service area as described tonight. Motion: Wilhelm Second: Springer Ayes: Wilhelm, Springer, Hall, Evans, Muller Nays: None Approved: 5-0 vote. Agenda Item #7, Ordinance No. 504, 1st reading. TRA Big Bear Wastewater Interceptor Extension Installment Sale Amendatory Contract. Creek City Manager, Curtis E. Hawk, stated that in December, the city entered into an agreement with the Trinity River Authority (TRA) to finance, construct, and manager the installation of the S-6 sanitary sewer interceptor line. Since the adoption of the ordinance that approve the agreement, it has become apparent to them and to the Trinity River Authority, that because of their timetable and the fact that they only meet every other month, if we want to have the line completed by October, we need to make some changes. Hawk added, that before Council there is a contract that states the City of Southlake would be the entity instead of TRA to finance, construct and manage the installation of the S-6 line, otherwise, we will not meet the October date. City Council Minutes April 3, 1990 page four Agenda Item ~7 Continued City Attorney, Wayne Olson stated he has no problems with the principle of the agreement. Liability is always a possibility, however, the city is looking at the same liability either way. He has no problem with the agreement as it is written. Motion was made to approve Ordinance No. 504, 1st reading, authorizing and directing the execution of the Trinity River Authority of Texas, City of Southlake, Big Bear Creek Wastewater interceptor extension installment sale amendatory contract. Motion: Wilhelm Second: Hall Mayor Fickes read the caption of the ordinance. Ayes: Wilhelm, Hall, Nays: None Approved: 5-0 vote Evans, Springer, Muller Agenda Item #8. Ordinance No. 503, 1st reading Street Lighting Director of Public Works, Mike Barnes, reviewed the changes made to Ordinance No. 503, as suggested during the last City Council meeting. He presented a revised ordinance which had the changes underlined, the information is hereby incorporated into the minutes of this meeting. Motion was made to approve the 1st reading of Ordinance No. Motion: Wilhelm Second: Springer 503. Mayor Fickes read the caption of the ordinance Ayes: Wilhelm, Springer, Hall, Evans, Muller Nays: None Approved: 5-0 vote. ~enda Item #9, Ordinance No. 480-15, 1st reading. Mayor Fickes announced that he has been given a letter Golba, requesting that the tabled, time certain, May 1, from Mr. Ken 1st reading on Ordinance No. 480-15, be 1990, City Council meeting. City Council Minutes April '3, 1990 page five Agenda Item #9 Continued Motion was made to table 1st reading of Ordinance No. 480-15, and continue the public hearing on May 1, 1990, at the request of the applicant. Motion: Muller Second: Evans Ayes: Muller, Evans, Springer, Wilhelm, Hall Nays: None Approved: 5-0 vote (to table) Agenda Item #10, Ordinance No. 480-16, 1st reading. Zoning for Brewer The zoning request for a 8.234 acre tract of land out of the J.J. Freshour Survey, Abstract No. 521, being the northern portion of Tract 3J, was considered. The current zoning on the property is Agricultural, request is for the Single Family-lB Zoning District. Karen Gandy, Zoning Administrator noted that thirteen letters were sent to property owners within 200' and she received one reply. She located the property on the map for the Council and the Audience. Mr. C.J. Brewer was present to answer questions for the Council. Motion was made to approve at the 480-16, amending the request to SF-1B. Motion: Wilhelm Second: Muller 1st reading of Ordinance No. Mayor Gary Fickes read the caption of the ordinance. Ayes: Wilhelm, Muller, Evans, Nays: None Approved: 5-0 vote. Springer, Hall Agenda Item #11, Pre Plat of Brewer Addition. A presentation was made by the Zoning Administrator, in regards to the preliminary plat of the Brewer Addition. She added that Mr. Brewer proposed four lots with the temporary turn around easement adjacent to the 5 acre tract which is #4 water tower site,owned by the city. March 29, the Planning and Zoning Commission approved the plat with the Cheatham review letter of March 14, 1990. There were 13 letters sent to property owners within 200', with one reply and no opposition. City Council Minutes April 3, 1990 page six A~enda Item #11 Continued The City Manager, Curtis E. Hawk, noted from the Subdivision Control Ordinance No. 483, which state that the conditions of the plat can be waived. In lieu of the Park land dedication which the developer is required to do, he can dedicate something of value to the city. Hawk stated, all Brewer really wanted to do was to plat enough land, sufficient to give him a dedicated road in front of Lot 2,. The city asked him to plat the whole piece of property. By plating the whole property and the road up to the water tower site, would give the city something we would not get unless he did so. When the city asked Brewer to plat it, leaving Lot 2 in one big lot, so that who ever buys it will have to do some things before they can build on the lot. The Ordinance requires a 40' set back and the only place that does not comply is the house on Lot 2, and it is 35'. The City Attorney stated that the ordinance requires a 40' set back on all lots. Therefore, Lot 2 will be non conforming at this time, with a 5' encrochment. Wilhelm noted that if a lender does raise the issue, Lot 2 will need to go before the Board of Adjustment for a variance. City Engineer, Eddie Cheatham noted that they have received the drainage study and Brewer will be dedicating the drainage easement to the city, which will appear on the final plat. Motion was made to approve the of Brewer Addition, subject to the engineers letter of March 28, and waiving the park fee for Lot 2, due to the unique circumstances and undue hardship that it would cause in this situation. Motion: Springer Second: Evans Ayes: Springer, Evans, Muller, Wilhelm, Nays: None Approved: 5-0 vote preliminary plat Hall Council recessed at 9:10 p.m. Council returned at 9:30 p.m. called the meeting to order. and Mayor Pro Tem Agenda Item #12, Ordinance No. 480-17, 1st reading. and Concept Plat for SouthView Joint Venture Zoning chan~e The Zoning Administrator, Karen Gandy, made a presentation on the first reading of Ordinance No. 480-17, a zoning change request and concept plan for a 32.706 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 Single Family-lA Residential, request is for the SF-20.0A. City Council Minutes April 3, 1990 page seven Agenda Item #12 Continued Scott Dyer, Levitt Engineers, was present for the meeting, representing Dixtor International. He stated they were approached in regards to bringing the sewer to this area, to serve the Carroll Oaks Center and City Hall. They are coming back for SF2-0A zoning, in order to make this more cost effective. Council members expressed concern about the street names being so like others in the City. Tom Matthews, Jr., developer, agreed to look at the street names again. The subdivision entry marker was discussed, as was the fact that the sewer will pick up at the S-6 line. The public hearing resulted with no comments. Motion was made Motion: Muller Second: Evans to approve the 1st reading of Ordinance No. 480-17. Mayor Fickes read the caption of the ordinance. Ayes: Muller, Evans, Nays: None Approved: 5-0 vote. Springer, Wilhelm, Hall Agenda Item #13, Revised Preliminary Plat of SouthView Addition Karen Gandy made a presentation on the 32.706 acre tract of land out of the W.W. Hall Survey, Abstract No. 695, being the western portion of Tracts 5 and 5A. City Engineer, Eddie Cheatham stated that the plat does meet the curvilinear requirements. Mayor Fickes left the meeting at this time, therefore, Mayor Pro Tem Springer chaired the meeting. Motion was made to approve the revised preliminary plat of SouthView Addition, subject to the Cheatham review letter dated March 28, 1990. Motion: Muller Second: Evans Ayes: Muller, Evans, Springer, Wilhelm, Hall Nays: None Approved: 5-0 vote City Council Minutes April 3, 1990 page eight Agenda Item 914, Final Plat of SouthView Estates, Phase I The final plat of SouthView Estates, Phase I, a 33.04 acre tract of land out of the W.W. Hall Survey, Abstract No. 695, being the western portion of Tract 5 and 5A was discussed. The Zoning Administrator noted that the developer proposes 52 lots in this phase and on March 29, the Planning and Zoning Commission recommended approval of the final plat, subject to the Cheatham review letter being addressed. Scott Dyer, Levitt Engineers, stated they have no problem providing easements between Lots 14 and 15, Block 1. Councilmember Wilhelm asked the developer if they are aware of the park land dedication policy which is apart of the subdivision ordinance. Mr. Matthews stated, by this final plat, benefits, however, the city will also be development. they are getting a lot of getting benefits from this Motion was made to approve the final plat of Phase I. Motion: Muller Second: Evans Ayes: Muller, Evans, Springer, Wilhelm, Hall Nays: None Approved: 5-0 vote. SouthView Estates, Agenda Item #15, Ordinance No. 480-18, 1st reading. Bass Dev. Co. Zoning change request and Concept plan for a 19.995 acre tract of land out of the Littleberry G. Hall Survey, Abstract No. 686, Tract 3F and 3G, was asked to be tabled, time certain, April 17, 1990, based on the fact that the Planning and Zoning Commission have not considered the case at this time. Motion was made to table Ordinance No. 480-18, 1st reading, certain, April 17, 1990, and to continue the public hearing. Motion: Muller Second: Evans Ayes: Muller, Evans, Springer, Wilhelm, Hall Nays: None Approved: 5-0 vote (to table) time City Council Minutes April 3, 1990 page nine Mayor Fickes returned to Council table Agenda Item 916, Final plat of Southlake Hills, Phase I The final plat of Southlake Hills, Phase I, was considered. Mrs. Gandy, Zoning Administrator, stating the plat consists of 20.977 acre tract of land out of the James Thornhill Survey, Abstract No. 1505. The property is located on the north side of West Continental Blvd., east of Chimney Hill and North of Continental Park Estates. Scott Dyer, Levitt Engineers, stated they hope to be ready for building permits by August or September of this year. They propose 34 homes in this phase. Mayor Pro Tem Springer stated that drainage is a big concern for her, however, the March 28, Cheatham review letter addresses a lot of her concerns. Motion was made to approve the final plat of Phase I, Southlake Hills, contingent upon the March 28, Cheatham review letter. Motion: Springer Second: Muller Ayes: Springer, Muller, Hall, Wilhelm, Evans Nays: None Approved: 5-0 vote. Agenda Item ~17, Final plat of Southlake Hills, Phase II The final plat of Southlake Hills Addition, Phase II, was presented and discussed by Council. Motion was made to approve the final plat of Hills Addition. Motion: Springer Second: Muller Ayes: Springer, Muller, Hall, Evans, Wilhelm Nays: None Approved: 5-0 vote. Phase II, Southlake Agenda Item 918, Discussion: Agreement for Joint Use of Equipment THe proposed agreement between the City of Southlake and the City Of Keller for joint use of city equipment was discussed. The discussion was led by Director of Public Works, Mike Barnes, who stated he has been in contact with the City of Keller for some time in regards to the joint use of the public works equipment. He feels that both cities may benefit from this arrangement if it could be worked out. City Council Minutes April 3, 1990 page ten Agenda Item #18 Continued After discussion, Councilmembers asked Barnes to look into this further and report back to them. Agenda Item #19, 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), and 2(g). Refer to posted list of litigations. Council went into Executive Session at 10:30 p.m. Council returned to Open Session at 11:00 p.m. Agenda Item #20, Action Necessary, Pending Litigation No action was necessary as the result of the executive session in regards to pending or contemplated litigations. Agenda Item #21, Resolution 90-22, establishing a committee to review "Court of Record" As the result of the executive session, approved, naming Karen Apple as the fourth appointed to determine the advantages Southlake going "Court of Record". Motion: Springer Second: Muller Ayes: Springer, Muller, Hall, Wilhelm, Evans Nays: None Approved: 5-0 vote Resolution 90-22, was member of the co~amittee and disadvantages of Agenda Item # 22, Action necessary in regards to Personnel No action was necessary as the result of the Executive Session in regards to personnel and boards and committees. Agenda Item #23 Adjournment Motion was made to adjourn the meeting. Motion: Hall Second: Evans Ayes: Hall, Evans, Springer, Wilhelm, Muller Nays: None Approved: 5-0 vote ~m..,,,,, // /I ' 7 ~andra L. LeGrand, City of Southlake, Texas received M E M O R A N D U M ? �1/! March 29, 1990 r TO: Curtis E. Hawk, City Manager FROM: Michael H. Barnes, Public Works Director SUBJECT: Street Light Ordinance #503 Attached is the revised Street Light Ordinance as corrected et at the March 27, Council meeting. The changes made are underlined in the ordinance and are as follows: 1. Section II (A) - street lighting will be mandatory a ` in subdivisions. 2. Section II (B) - Aerial wiring will only be ft allowed as approved by the Director of Public Works. The minimum height of a street light will be 20 feet. r 3. Section III - the street lighting along state frontage /service roads and boulevards will have to be approved by the City instead of the Director of Public Works. 4. Section IV (B) - street layout design must be w� approved by the City instead of the Director of Public Works. ft 5. Section V (C) - the verbiage in this section was rewritten for better'clarity. ,. 6. Section VI (A)2 - The developer will pay for the operation of street lights for one (1) year instead of two (2) years. The last sentence in .� this section was rewritten for better clarity. e� 7. Section VI (B)1 - the verbiage in this section was *■ rewritten for better clarity. e ,, 8. Section VI (B)1(b) - was changed to read that if the majority of the property owners within 200 feet of the light did not want the light it would not be installed. Please place this on the April 3rd agenda for Council consideration on 1st reading. If you have any questions, please let me know. a M MHB /kb lb