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1990-05-01 CITY OF SOUTHLAKE 667 N. Carroll Avenue REGULAR CITY COUNCIL MEETING May 1, 1990 7:30 p.m. COUNCILMEMBERS PRESENT: Mayor, Gary Fickes; Mayor Pro Tem Betty Springer. Members: Sally Hall, Rick Wilhelm, Ralph Evans, and, Pamela Muller. CITY STAFF PRESENT: Curtis E. Hawk, City Manager; Michael Barnes, Director of Public Works; Karen Gandy, Zoning Administrator; Billy Campbell, Police 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. 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 Minutes The Minutes of the April 17, 1990, City Council meeting were approved as amended. Motion: Wilhelm Second: Muller Ayes: Wilhelm, Muller, Springer, Evans, Hall Nays: None Approved: 5-0 vote Agenda Item #3, Mayor's Report Mayor Fickes reported that there will be a meeting concerning FM 1709, at City Hall on May 15, at 9:00 a.m., which will be attended by members of the Southlake and Keller City Councils and members of the State Highway Department. House Speaker, Gib Lewis has been invited, as well as State Representatives Carolyn Park and Bill Carter. County Commissioner Bob Hampton and Judge Roy English have also been invited to attend. Fickes stated that basically this will be a continued update on what is happening on FM 1709. It is the feeling of both Southlake and Keller Councils, that the more they stay on top of this issue with continued meetings, the more likely the project will stay on schedule. Mayor Fickes reminded the audience of the General Election which will take place on Saturday, May 5, 1990. Council Places 3,4, & 5 will be voted on. The Carroll I.S.D. election will be held at the Middle School, as well as an election for Tarrant County Crime Prevention. City Council Minutes May 1, 1990 page two Agenda Item %3, Continued Councilmember Sally Hall reported that she attended a meeting where representatives from Fina, Diamond Shamrock, Conoco, Explorer Pipeline, and, Vibra Whirl. All gasoline tank farms, were in attendance. She feels they have made excellent progress. They are in the process of submitting plans which will be brought before the Board of Adjustments, which will address the Fire Marshal's request for adequate hard surface access to all facilities, which will provide a safer environment for firefighters and citizens as well. Mike Barnes, Director of Public Works, presented to them a proposal for looping a water line, and feels that we will get an agreement with them to jointly pay the $65,000 for the water line project. The final meeting will be May 21, and at that point, they will have finalized all the aspects of the plan. They hope to have before Council in June, the updated ordinances for fire codes for consideration by the City Council. Councilmember Rick Wilhelm noted that on Saturday evening, as he was driving on Peytonville Road, he spotted man made, what looked like plastic mushrooms beside the roadways. It turns out,quite a few people of Cross Timber Hills, have donated their time and backs, and cleaned up along the right of ways on Peytonville Avenue, Morgan, Dove Road, and Kingswood. He publicly thanked them for their efforts and sharing their time with others in the city, as those roads are not within Cross Timber Hills Addition. Springer noted that a few weeks ago, a Girl Scout Troop had also cleaned up trash on the roadways in the city. Mayor Fickes read a Proclamation, proclaiming May 6 thru May 13 as National Nurse Appreciation Week. Mayor Pro Tem Betty Springer reported that she spoke with Mr. Barney Cleghorn, the new Postmaster of Grapevine, in regards to a postal service in Southlake, stating, "weather permitting, the postal service is to be in Southlake next week, to look at the sites that are being proposed for a post office substation." She was told that if all goes as planned, they hope to have a substation operational by the end of the year. It will be a self service automated station, but the equipment will far exceed anything they have in Grapevine, according to Cleghorn. It will be state-of-the-art equipment. Councilmember Sally Hall stated she has had several calls this week, from citizens, who are interested in working with the city on a recycling program for Southlake. She feels the city will possibly form a committee soon to begin such a program for $outhlake. City Council Minutes May 1, 1990 page three A~enda Item #4 City Manager's Report During the City Manager's Report, Curtis Hawk, reported that at the intersection of White Chapel Blvd. and FM 1709, seven accidents have occurred this year, due to the narrow turn lane to the south, off of FM 1709. He has contacted the State Highway Department and they intend to make the proper repairs to this intersection, from the north and south. The time frame is not known at this time. Hawk also reported that the lighting project at Bicentennial Park is still uncompleted due to heavy rains. A~enda Item #5 & #6, Consent Councilmember Rick Wilhelm requested that agenda item #6 be removed from consent agenda. Consent agenda is to consist of only agenda item #5: Resolution 90-30, urging Congress to reinstate full funding for the V-22 aircraft program into the defense budget. Motion was made to approve Resolution 90-30, Motion: Evans Second: Muller Ayes: Evans, Muller, Springer, Hall, Wilhelm Nays: None Approved: 5-0 vote as a consent item. A~enda Item #6, Resolution 90-32, Control of Stratospheric Ozone Depletin~ Compounds Curtis Hawk, City Manager, informed the Council that by approving the resolution, Council would be accepting the recommendation of North Central Texas Council of Governments. Councilmember Wilhelm stated that he would be more comfortable if he had the opportunity to look into the background of this item and report to Council at the next City Council meeting. Motion was made to table, Resolution 90-32, time 1990. Motion: Wilhelm Second: Evans Ayes: Wilhelm, Evans, Springer, Hall, Muller Nays: None Approved: 5-0 vote certain, May 15, City Council Minutes May 1, 1990 page four Agenda Item 97, Public Forum Aloha Payne, 1213 whispering Lane. Mrs. Payne thanked Councilmember Pamela Muller for all the hours she has spend as a member of the City Council and also, all the hours she spent on the Airport Noise Awareness Committee. We will miss her. Agenda Item #8, Ordinance No.507, 1st reading. TU Electric Ordinance No. 507, 1st reading, TU Electric Rate Increase was discussed by Council. Curtis Hawk explained that on February 6, 1990, Council passed Resolution 90-10, suspending the proposed ten percent TU Electric Rate Increase until May 21, 1990, and authorizing our participation in the Steering Committee of TU Electric Service Area Cities to retain legal counsel and engage rate case consultants to intervene on the cities behalf before the PUC. The cost to the City of Southlake for this was $650.00. The Public Utility Regulatory Act requires regulatory agencies including municipalities to make a finding on the prudency of the rate request related to nuclear power generation before such can be included in the rate base. The Consultants retained by the Steering Committee have recommended that the requested rate increase be denied based upon the rate case testimony. Ordinance No. 507 included in your packet would deny the rates. TU Electric has been notified of this action. Springer expressed concerns about a blanket denial of the ordinance. Wilhelm also had reservations. Motion was made to the requested rate Motion: Muller Second: Evans approve Ordinance increase. No. 507, 1st reading, denying Mayor Fickes read the caption of the ordinance. Ayes: Muller, Evans, Springer, Wilhelm Nays: Hall (out of the room for the vote) Approved: 4-0 vote. Agenda Item #9, Ordinance No. 480-15, 1st reading Beer-By-The-Glass Karen Gandy, Zoning Administrator, made a presentation stating that sixteen (16) letters were sent to property owners within 200', and she received three (3) responses. She noted that the Planning and Zoning Commission denied the request on February 2, 1990, due to the nearness to Kids Kourt. The request has been tabled several times at City Council level at the request of the applicant. City Council Minutes May 1, 1990 page five Agenda Item %9, Continued Mrs. Gandy noted that the parking requirement for a sit-down restaurant of that size would be 76 spaces, and they would fall 8 spaces shy. She also indicated that the applicant was informed of the meeting tonight and they did not show up. Mayor Fickes commented that the applicants have been called each time that they were on the agenda, and have asked for tabling of their item. The Mayor expressed concern with the level of responsibility they have shown through this process. No comments were received during the public hearing. Motion was made to disapprove Ordinance No. Motion: Wilhelm Second: Muller 480-15, 1st reading. Mayor Pro Tem Springer stated she will vote against the denial due to what she feels is confusion on the part of the applicants, because she had talked with the applicants prior to this meeting. Ayes: Wilhelm, Nays: Springer Denied: 4-1 vote Muller, Hall, Evans Agenda Item %10, Ordinance No. 480-19, 1st reading Fina Oil Company Ordinance No. 480-19, 1st reading, (ZA 90-13), zoning request for a 3.61 acre tract of land out of the C.B. McDonald Survey, Abstract No. 1013, Tracts 4,4B, and 4C, and the P.R. Splane Survey, Abstract No. 1453, Tract lB, was discussed. The current zoning is Agricultural, request is for the Industrial-2 Zoning District. During the presentation by Zoning Administrator, Karen Gandy, it was noted that this property was recently annexed into the City. Gandy noted that two letters were sent to property owners within 200' and she has not received any replies. The public hearing resulted with no comments. Motion was made to approve the 1st reading, of Ordinance No. Motion: Wilhelm Second: Evans 480-19. City Council Minutes May 1, 1990 page six Agenda Item #10, Continued Mayor Ficked read the caption of the ordinance. Ayes: Wilhelm, Evans, Nays: None Approved: 5-0 vote Muller, Springer, Hall Councilmember Ralph Evans stepped down for Agenda Items #11, #12, & #13. Agenda Item #11, Ordinance No. 480-20, 1st readin~ Truelove Zonin~ Ordinance No. 480-20, 1st reading, is a zoning request and concept plan for a 39.5508 acre tract of land out of the Littleberry G. Hall Survey, Abstract No. 686, Tracts 1D and 1F and the Thomas M. Hood Survey, Abstract No. 706, Tracts 9A and 9Al. Current zoning is Agricultural, request is for the Single Family 20 B Zoning District. The Zoning Administrator, noted that the Planning and Zoning Commission approved the zoning as Single Family 20.A with a 4-3 vote. Jim Harris, President, Harris Company, was present for the meeting to answer questions for the Council, as well as Dick Perkins, Teague, Null & Perkins, Engineers. Mayor Fickes asked the applicant to explain what they will be doing for an entrance to the project. Mr. Harris replied they are proposing to have brick at the entry with a combination of brick and landscaping. They plan to keep as many trees as possible. He added that they would like to start the project in September or October, of this year. Harris stated that a good deal of landscaping can take place on the south side of the property, against the City Park, to screen the outside storage to the lots on the south side of the property. Public Hearing: Eleanor Kasper, 750 North White Chapel Blvd. She thanked Council members for all their efforts and time they devote to the City. She stated that she has finally talked with Jim Harris and they have come to a compromise on all the issue of concern that she had on the project. He has agreed on all the issues. City Council Minutes May 1, 1990 page seven Agenda Item %11, Continued Ralph Evans, 315 North Shady Oaks Drive. He stated he has property which boarders the property being considered. He feels it would be most appropriate to require 30,000 square feet lots next to Kasper's property, also, he has a concern with their being one entrance, with that many homes. Public Hearing Closed. Mayor Pro Tem Springer stated she has concerns with only one ingress-egress into the addition. This street shows to be 60' when across the street, it is a 64' right-of-way. Councilmember wilhelm stated in reference to Ralph Evans comments in regards to 30,000 lots to the north and south. He feels the ordinance does not require it. Also, the Kasper's have not objected to the lot size next to their property. Mr. Perkins requested that the item in the Cheatham letter in reference to the stub-out to the north, be eliminated. Motion was made to approve Ordinance No. 480-20, 20.A lots, as opposed to SF 20.B as requested. Motion: Wilhelm Second: Hall 1st reading, with Mayor Fickes read the caption of the ordinance. Ayes: Wilhelm, Hall, Nays: None Approved: 4-0 vote Springer, Muller Agenda Item %12, Ordinance No. 480-21, 1st reading. Truelove Zoning A presentation was made by Karen Gandy, Zoning Administrator, who stated that Ordinance No. 480-21, is a request for zoning change and concept plat for a 3.87022 acre tract of land out of the Littleberry G. Hall Survey, Abstract No. 686, being a portion of Tract 1F. Current zoning is Agricultural, request is for the Single Family 30 Zoning District. She stated this is the southwest corner of the proposed development, adjacent to Southlake Estates. Five letters were sent to property owners within 200' and no responses were received. The applicants had no comments. The public hearing resulted with no comments. City Council Minutes May 1, 1990 page eight Agenda Item #12, Continued Motion was made to approve the 1st reading of Ordinance No. zoning request for a 3.87022 acre tract of land. Motion: Wilhelm Second: Muller 480-21, Mayor Fickes read the caption of the ordinance. Ayes: Wilhelm, Muller, Nays: None Approved: 4-0 vote. Hall, Springer Agenda Item ~13, ZA 90-17, Preliminary plat of Oak Hill Estates Karen Gandy, Zoning Administrator, introduced the preliminary plat of Oak Hills Estates, a 43.421 acre tract of land out of the Littleberry G. Hall Survey, Abstract No. 686, Tracts 1D and 1F and the Thomas M. Hood Survey, Abstract No. 706, Tracts 9A and 9Al. Owner: Marion Truelove Eddie Cheatham, City Engineer, reviewed the changes which were made to the plat as the result of the comments made by the Planning and Zoning Commission. Motion was made to approve ZA 90-17, preliminary plat of Oak Estates, as presented. Motion: wilhelm Second: Hall Ayes: Wilhelm, Hall, Evans, Springer Nays: None Approved: 4-0 vote Hills Council went into recess at 9:15 p.m. Council returned to session at 9:30 p.m. Councilmember Ralph Evans returned to the Council table. Agenda Item 914, Ordinance No. 480-A, 1st reading, Allowing for Portable Buildings in Certain Districts. Mayor Fickes stated that it was discovered, after the zoning ordinance was completed, that their is no allowance in the ordinance for portable buildings. From time to time, this issue needs to be addressed. The amendment to Ordinance No. 480, has gone through the process with the Planning and Zoning Commission, where a public hearing took place, and the amendment is now being considered by the City Council. City Council Minutes May 1, 1990 page nine Agenda Item #14, Continued Council addressed restrictions which they feel need to be considered when approving the amendment to Ordinance No. 480. Some of the possible restrictions mentioned include: compliance with the building codes; a time requirement on the buildings, upon issuance of the permit; a plan being presented to the City Council, from the applicant, when the request is made; compliance with the masonry ordinance; and, enforcement. Councilmember Wilhelm stated he fees the real issue is what is the purpose of a temporary structure. Allen Taylor, City Attorney, stated, part of the problems is, once a portable building is made to comply with the masonry requirements, it is going to look like a permanent structure. For the purpose of what our zoning administrator and building officials are going to have to deal with, the real test of a portable building is, it was designed to be transported from site of construction to a site of placement and use and design so that it can once again be picked up and relocated again. The real difference of a portable building is it was designed to be relocated. After further discussion, motion was made to continue reading on Ordinance No. 480-A, to allow the City Attorney incorporate the concerns made tonight, into the ordinance. Motion: Springer Second: Muller Ayes: Springer, Muller, Evans, Hall, wilhelm Nays: None Approved: 5-0 vote (to table) the 1st time to Agenda Item #15, ZA 90-14, a Plat Showing 5.493 Acres/Lemke The Zoning Administrator presented a plat showing 5.493 acres of land out of the Benjamin J. Foster Survey, Abstract NO. 519, Tract 1A1A3A, stating the property was annexed into the City of Southlake as agricultural zoning on October 20, 1987. Mrs. Gandy added that on April 19, 1990, the Planning and Zoning Commission approved this plat with a 7-0 vote in favor, with the exception of a fire hydrant being added if no pro rate fees exist on this property. Mark Hammon, engineer for Lemke, was present to answer questions for the Council. He stated that he had no problem with the April 25 Cheatham review letter. Some discussion was held in regards to the comments concerning water, in the April 26, Cheatham review letter. City Council Minutes May 1, 1990 page ten A~enda Item 915, Continued Public Hearing: Mary Knuff, 1381 Lakeview, Southlake. Passed. Joy Clark, Randol Mill Road, asked become of her property. She stated in front of the Lemke property. Council, in plating, what will she owns approximately 11 acres Mayor Fickes informed Ms. Clark that Council cannot answer the questions about her property. City Attorney, Allen Taylor advised Ms. Clark that this is a private access easement and she will need to talk to her attorney in regards to this. Taylor informed the City Council that a "plating" does fall under the thirty (30) day filing requirement. Motion was made to approve ZA 90-14, requirements of the April 25 and April 26, and subject to approval of a drainage study, specifically Cross Timber Hills Addition. Motion: Wilhelm Second: Evans Ayes: Wilhelm, Evans, Springer, Muller, Hall Nays: None Approved: 5-0 vote subject to meeting the Cheatham review letters, into the Agenda Item 916, Conditional Sign Permit for SouthRid~e Lakes The City Manager noted that the conditional sign permit requested for SouthRidge Lakes is being brought before the City Council because the sign is located in a subdivision of more than 100 acres and in a non-business zoning district. A sign may not exceed 35 square feet in area or 7 feet in height. This sign exceeds both of those requirements. This sign will be a lighted Arvida entry sign. The sign itself will be of wood construction, and the stone surrounding the sign will be in the same stone as that of the pavilion and sales center. Sean Randol presented a rendering of the sign and a site plan showing location and landscaping around the proposed sign. He added that the sign is 82 square feet and is 13 feet tall to the top of the rock. City Council Minutes May 1, 1990 page eleven Agenda Item #16, Continued Motion was made SouthRidge Lakes. Motion: Springer Second: Hall Ayes: Springer, Nays: None Approved: 5-0 vote to approve the conditional sign permit for Hall, Evans, Wilhelm, Muller Agenda Item #17, Ordinance No. 505, 1st reading. Abandon Vehicles Police Chief Billy Campbell explained to the City Council that this proposed Ordinance No. 505, is given to the City by State Statutes, not only for junk cars but for abandon vehicles. He stressed that he proposes that this ordinance be enforced on a complaint basis only. It given the city a chance to look at the situation and it gives the Police Department a tool to enforcement. Public Comments: Jerry Farrier, 1330 Glen Cove, he questioned, Section 7 of the ordinance, as there is no "out" for vehicles. He feels the City needs to look at his point. Motion was made Vehicles. Motion: Wilhelm Second: Muller to approve Ordinance No. 505, 1st reading, Abandon Mayor Fickes read the caption of the ordinance. Ayes: Wilhelm, Muller, Nays: None Approved: 5-0 vote. Springer, Hall, Evans Agenda Item #18, Continental Park Sewer Connection Fee Policy City Manger, Curtis Hawk, informed the audience and City Council that they can rule out any Water Development Board or Community Development Block Grand assistance in regards to funding the sewer project for Continental Park Estates, as the city does not qualify. In order to qualify, the city would have to show hardship. Hawk noted that there are two ways the city can borrow the money: 1) issue Certificate of Obligation, and 2) issue Tax Anticipation Notes. City Council Minutes May 1, 1990 page twelve A~enda Item #18, Continued Public Comments: Norma Chambers, 1312 Oakhurst. Passed Mr. E.P. Leitz, 1316 Oakhurst Drive. Mr. Leitz stated, his lot is fine but his neighbor is pumping sewerage on the road, and has been for years. Art Sorenson, 1201 Oakhurst Court. Mr. Sorenson referenced the survey which he has prepared, stating they have a 50% return of the survey in a very short time. 91% of the property owners (who returned the survey) support the sewer and 59% are opposed to the homeowners putting money up front. Charles Curry, 1203 Ridgewood Circle. Mr. Curry stated the people in Continental Park Estates feel that sooner or later, every house in Southlake will have to have sewer. They feel by getting a figure now, that is realistic, and setting up a sewer fee, everyone could start contributing to the fund and the city will begin to draw interest. Joe Bentley, 214 Westwood Drive. Mr. Bentley stated that if Council would look at the history of Southlake, it appears that the people of Southlake wanted to keep it rural, with large lots and septic systems. We were committed to septic systems. He would venture to say that Continental Park was built according to city codes and ordinances. The City sets the standards which are suppose to be for the health, welfare, and safety of the citizens. He feels we should look at an approach that will best utilize the city tax base. He also feels it is fine for him today, for the people in Continental Park Estates to pay $5,000 each, but when it gets to his area, he will be singing another tune! A~enda Item 919, Discussion: Charter Amendments. Motion was made to table the discussion on the charter amendments, time certain, May 15, 1990. Motion: Wilhelm Second: Springer Ayes: Wilhelm, Springer, Hall, Evans, Muller Nays: None Approved: 5-0 vote (to table) consideration of City Council Minutes May 1, 1990 page thirteen Agenda Item 20, Executive Session Mayor Fickes announced that the City Council would be executive session pursuant to V.T.A.S. Article 6252-17, (e), 2(f), 2(g). Refer to posted list of litigations. going into Section 2, Council went into executive session at 12:20 a.m. Council returned to open session at 12:50 a.m. Agenda Item #21, Action Necessary- Litigations No action was necessary in regards to pending or litigations, as the result of the executive session. contemplated Agenda Item #22, Action Necessary- Board and Commissions No action was necessary in regards to personnel matters, and commissions, as the result of the executive session. or boards Agenda Item #23, Adjournment The meeting was adjourned by Mayor Fickes. M'a~ cke~ ATTEST: ~andra L. LeGrand City Secretary THE STATE OF TEXAS -�" COUNTY OF ��,s�'�{�•till '." I, 0), W4LPW 67)13,6 as a member of the J0‘. nryadiveiA, make this affidavit and hereby on oath state the following: I, and /or a person or persons related to me, have a substantial interest in a business entity that would be peculiarly affected by a vote or decision of the as P10 those terms are defined in Chapter 171, Texas Local Government Code. atall The business entity is *0 (name and address) I have a substantial interest in this business entity for the • following reasons: (Check all which are applicable) Ownership of 10% or more of the voting stock or shares of the business entity. Ownership of 10% or more or $5,000 or more of the fair market value of the business entity. OtOd Funds received from the business entity exceed 10% of gross income for the previous year. Real property is involved and have an equitable or legal ownership with a fair market value of at least $2,500. A relative of mine has a substantial interest in the business entity or property that would be affected v by a decision of the public body of which I am a member. Upon filing of t i av t h the City Se etary, I ffirm that I will abstain from voting on any decision involving this business entity and from any further participation on this matter whatsoever. Signed this / day of 112/V, , 1990 4' ' K 1 / Signature o' official / / Title Woo BEFO E ME, the u dersigned authority, this day personally appeared / + ,T and on oath tated that the facts herei stated are true to the best of knowledge or belief. Sworn o and subscribed to fore me on this / day of i// , 1976 . ,� / ':' "��•�� SANDRA 1. LRGRAND ;•, k PFr�tary Public AV,/ - ''. STATE OF TEXAS / • -- " •‘ ' My Comm. Exp. 02/04/93 3 otar Pu • ic in and for the State of Texas / l My Commission Expires: i� 1` 22 Type /Print Notary's Name 7 .Ts totlamation Cityof ` jl h atm; May 6 -13 is National Nurse Apprecia on ; , all nurses in Southlake area hospitals, nursing centers, offices and schools and in private practice deserve our recognition and honor; and, WHEREAS, all these nurses care for patients and clients with steadfast dedication, expert skills and technology and the, healing touch of skilled care; and, WHEREAS, the knowledge and skills these Southlake area nurses bring to work each day move our society closer to the conquest of disease; their bright smiles, gentle touch and comforting works improve someone's recovery in our city every day. NOW, THEREFORE, I GARY FICKES, Mayor of the City of Southlake, and on behalf of the Southlake City Council, do hereby proclaim the week of May 6 -13, 1990 NURSE APPRECIATION WEEK in Southlake, and urge all citizens to recognize the contributions made by the nurses in our city. PASSED AND APPROVED ‘: 1 1st DAY OF MAY, 1990. t Mayor, City of Soutkfake City Secretary • ~ J