1990-10-16 CITY OF SOUTHLAKE
667 N. Carroll Avenue
Regular City Council Meeting
October 16, 1990 7:30 p.m.
MINUTES
Councilmembers Present: Mayor, Gary Fickes; Mayor Pro Tem, Betty
Springer; Members: Jerry Farrier and Rick Wilhelm.
Councilmembers Absent: Ralph Evans and Sally Hall.
City Staff Present: City Manager, Curtis E. Hawk; Public Works
Director, Michael Barnes; Fire Chief, Don Wilson; Police Chief,
Billy Campbell; Zoning Administrator, Karen Gandy; Finance Officer,
Renee Wheeler; City Engineer, Eddie Cheatham; and City Attorney,
Wayne K. Olson.
The work session was held at 6:30 p.m.
agenda items.
The Regular City Council meeting was
by Mayor Fickes.
Invocation:
called
Councilmember, Jerry Farrier.
for the purpose of reviewing
to order at 7:30 p.m.
A~enda Item #2, Approval of Minutes
The Minutes of the Regular City Council Meeting of October
were approved as modified.
Motion: Springer
Second: Farrier
Ayes: Farrier, Springer, Wilhelm
Nays: None
Approved: 3-0
2, 1990
A~enda Item 93, Mayor's Report
Mayor Fickes announced the Gib Lewis benefit scheduled for Sunday,
October 21 and reminded the audience that absentee voting begins
Wednesday, October 17.
The Mayor gave a brief update on the FM1709 improvements
informed the audience that area cities were preparing
protest to all commissioners and state representatives
the delay in this project.
project. He
a written
regarding
Agenda Item #4, City Manager's Report
City Manager, Curtis Hawk informed the Council that the
departmental reports are included in their packets, and the
department heads are present to answer any questions.
City Council Minutes
October 16, 1990 Meeting
Page 2
Mr. Hawk announced to the Council and audience that the signal
lights for SHWYll4 at Dove and SHWYll4 at White Chapel should be
installed any day now. The State highway department has 45 days
for completion of the project.
Agenda Items Nos. 5, 6, 7, & 8, Consent Agenda
Mayor Fickes stated that all items listed in the
considered routine by the City Council and
motion. There will be no separate discussion of
Councilmember or citizen so request.
Consent Agenda are
enacted with one
the items unless a
The Consent Agenda consists of agenda items nos. 5, 6, 7, & 8 as
follows:
5. Resolution 90-74, authorizing the Mayor to execute an
Interlocal Agreement with Denton County for Mutual Aid
for Fire and related services.
6. Resolution 90-75, authorizing the Mayor to execute a
renewal agreement with Bill Taylor for use of City
right-of-way in Dove Estates.
7. Authorizing payment for paving on Ginger Court.
8. Authorizing the Mayor to execute a letter of agreement
for sewer connection in Diamond Circle Estates.
Motion was made to approve the Consent Agenda,
Items Nos. 5, 6, 7, and 8.
Motion: Wilhelm
Second: Farrier
Ayes: Farrier, Springer, Wilhelm
Nays: None
Approved: 3-0
consisting of Agenda
Agenda Item #9 A, Public Forum
James Hollstein, 1201 Oakwood Tr., expressed his concern, alleging
the flooding problems that he has been experiencing as a result of
the Chimney Hill development. He thanked the City for cleaning out
the bar ditch and hopes this has alleviated the problem.
Mayor Fickes suggested that the City keep looking at this area
to try and determine where the runoff is coming from.
Alan Murawski, 1206 Oakhurst Ct., stated that he lives across from
the entrance to Chimney Hill and alleged runoff from this
development is causing extensive damage to his property.
City Council Minutes
October 16, 1990 Meeting
Page 3
Mayor Fickes suggested that a meeting with the developers of
Chimney Hill be arranged to discuss these problems.
Charlotte Lemieux, 1214 Oakwood Tr., stated that since Chimney Hill
was developed drainage runoff is like a river across her front yard.
Agenda Item #9 B, Public Forum, Environmental Task Force,
Presentation
Members of the Southlake Environmental Task Force, Brad Bradley,
Emily Williams, and Bob Mundlin, presented their findings on a
citywide recycling program through Laidlaw. Richard Davis with
Laidlaw presented their proposal for the City of Southlake. Brad
Bradley recommended that the City Council proceed on starting such
a program. The task force feels that Laidlaw has the best
educational program.
Agenda Item #10, Ord. #524, 2nd Reading, TMRS
Ordinance No. 524, is to provide for updated service credits and to
increase the City's contribution to a 1-1/2 to 1 matching ratio
through the Texas Municipal Retirement System (TMRS).
There were no comments during the Public Hearing.
Motion was made to approve Ordinance
Municipal Retirement System.
Motion: Wilhelm
Second: Farrier
Ayes: Farrier, Springer, Wilhelm
Nays: None
Approved: 3-0
No. 524, 2nd. reading, Texas
Agenda Item #11, Ord. #480-31, I-1 Zoning, Weiss-Tex Investments
Karen Gandy, Zoning Administrator, presented Ord. #480-31 a zoning
request for Industrial-1 for a 0.677 acre tract of land out of the
J.N. Gibson Survey, Abstract No. 591, Tract 2C1. Ms. Gandy stated
that this property was overlooked when the City reclassified
property approximately one year ago. Ms. Gandy informed the
Council that the owners have been approached by a client wishing to
operate an automobile repair/restoration shop. This particular use
is listed in the B-2 zoning but not in the I-1 zoning. Two
responses have been received in favor of the request. Planning and
Zoning Commission recommended approval on 10/4/1990.
Councilmember Farrier wanted the applicant to understand that any
particular use for this site would be subject to compliance with
fire and building codes even if the zoning request was granted.
City Council Minutes
October 16, 1990 Meeting
Page 4
Mayor Fickes stated that automobile repair shops usually involve
outside storage, but outside storage is not allowed in the I-1
zoning district without a variance from the Zoning Board of
Adjustment.
Public Hearing:
Fred Joyce, 455 Randol Mill, representative for the applicant,
stated that at this time they are only in the negotiating stages
for a detail and minor repair shop. They still 'would like to
request the I-1 zoning. They thought they had this zoning, and
because of that misconception, they have already lost one tenant.
Councilmember Wilhelm stated that if the owners come in with a use
that is not designated in the I-1 zoning but is clearly identified
in the B-2 zoning they would have to come back for proper zoning
since these two zonings are not cumulative.
Mr. Joyce stated that they would still like to request the I-1
zoning.
Councilmember Springer stated that she has reservations about
granting this zoning because of the planned residential community
west of this property, but in all fairness feels that the I-1
zoning needs to be granted due to the other surrounding properties
being zoned I-1.
Motion was made to approve
Motion: Wilhelm
Second: Farrier
ZA 90-45 request for Industrial-1
zoning.
Mayor Fickes read the caption of Ordinance 9480-31.
Ayes: Farrier,
Nays: None
Approved: 3-0
Springer, Wilhelm
Agenda Item #12, ZA 90-46, Plat Showing, Weiss-Tex Investments
Karen Gandy, Zoning Administrator, presented the plat showing for a
0.677 acre tract of land out of the J.N. Gibson Survey, A-591. No
responses have been received regarding this plat.
Motion was made to approve ZA 90-46 contingent upon meeting the
requirement of Item #1 of the city engineer's letter dated October
11, 1990.
Motion: Farrier
Second: Wilhelm
Ayes: Farrier, Springer, Wilhelm
Nays: None
Approved: 3-0
City Council Minutes
October 16, 1990 Meeting
Page 5
Agenda Item #13, ZA 90-47, Plat Showing, Apex Aviation
Karen Gandy, Zoning Administrator, presented the plat showing for a
1.145 acre tract of land out of the Harrison Decker Survey, A-438,
Tr. lB10, 1B10H, 1B6C, and 1B6C3. MS. Gandy stated that the
property is zoned I-1.
Daryl Perry, Washington and Associates, 500 Grapevine Hwy., Hurst,
Texas, was present to represent the applicants. Mr. Perry stated
that they have already addressed the comments presented in the city
engineer's letter dated October 10, 1990.
Motion was made to approve ZA 90-47 Plat Showing.
Motion: Wilhelm
Second: Springer
Ayes: Farrier, Springer, Wilhelm
Nays: None
Approved: 3-0
Agenda Item #14, ZA 90-48, Final Plat, Hills of Monticello, Ph-I
Karen Gandy, Zoning Administrator, presented the final plat for
Phase I of the Hills of Monticello addition a 46.056 acre tract of
land out of the William E. Crooks Survey, A-295 and Hall Medlin
Survey, A-1038. Ms. Gandy stated that staff feels that the
requirement for a 50' drainage easement along Bear Creek on lot 35,
block 2 would be a liability to the City, and they recommend the
requirement be eliminated.
Daryl Perry, with Washington and Associates, stated that they have
obtained a HEC II study for Bear Creek. As a result of this study,
the water service elevation was deemed not to be in excess upstream
or downstream. Mr. Perry stated that they do not have any problems
with the city engineer's letter dated October llth with the
exception of Item #4. He stated that the developers are dedicating
the required right-of-way for White Chapel and do not feel they
should design the entire intersection.
Councilmember Farrier stated that it should be written on the plat
that no building, fencing, filling, etc., will be permitted past
the flood way line on lots 25, 26, and 27.
Motion was made to approve ZA 90-48 the Final Plat for Phase I of
the Hills of Monticello subject to compliance with the city
engineer's letter dated October llth with the exception of Item #4,
and deletion of the drainage easement on block 2, lot 35, and note
on the plat that no building, filling, etc., permitted past flood
way line.
Motion: Farrier
Second: Springer
Councilmember wilhelm stated that he abstained from voting
during the preliminary plat, however, he discussed the issue
with the City Attorney and they concluded that there was no
City Council Minutes
October 16, 1990 Meeting
Page 6
legal requirement for abstaining. Since there are two
Councilmembers absent tonight and there is no legal impediment
to abstain, he feels it would be in the best interest of the
City to go ahead and vote on this item.
Ayes: Farrier,
Nays: None
Approved: 3-0
Springer, Wilhelm
Agenda Item #15, ZA 90-49, Plat Showing, City of Southlake
Karen Gandy, Zoning Administrator, presented the plat showing for
the City of Southlake, 667 N. Carroll Ave. Current zoning is
Community Service. There were four letter sent to property owners
within 200 feet, and as of this date, no responses have been
received.
Motion was made to approve ZA 90-49
of Southlake.
Motion: Wilhelm
Second: Farrier
Ayes: Farrier, Springer, Wilhelm
Nays: None
Approved: 3-0
the Plat Showing, for the City
Agenda Item #16, Res. 90-76, American Bank Portable Building
Karen Gandy, Zoning Administrator, presented the request for a
specific use permit for a portable building for American Bank to be
located at the Parkway Office Center Addition, lot 2. Ms. Gandy
stated that the request is for a 24' x 40' building. There were
five favorable responses received and no opposing responses.
Fire Chief Wilson expressed staff's concerns with the need for a
fire hydrant in the vicinity. At this time, there is no adequate
fire protection for the addition. He recommended that a fire
hydrant be installed on the west side of White Chapel off the
City's 20" water main. He stated that at this time this is the
best workable option.
City Manager, Curtis Hawk, stated that funds have been allocated to
make improvements for these types of projects. The staff would
recommend that the applicant be required to pay the cost of the
hydrant.
Robert Stewart, President of American Bank, stated that this would
be a temporary solution for their bank. They want to be at this
location permanently, but until the Highway 114 improvements have
been made, they will not know if this location will be suitable.
There were no comments during the public hearing.
City Council Minutes
October 16, 1990 Meeting
Page 7
Motion was made to approve Resolution 90-76 for a period of three
(3) years and require the payment of $1,500 for reimbursement for
the cost of placement of a fire hydrant on White Chapel Boulevard
prior to issuing a certificate of occupancy.
Motion: Wilhelm
Second: Farrier
Mayor Fickes read the caption for Resolution 990-76.
Ayes: Farrier, Springer, Wilhelm
Nays: None
Approved: 3-0
Agenda Item 917, Developers Agreement for Chimney Hills, Phase II
Mayor Fickes recommended to Council that this item be postponed
until they have an opportunity to meet with the developers to work
out and identify the drainage problems being associated with this
subdivision.
Motion was made to table this
scheduled meeting November 6, 1990.
Motion: Farrier
Second: Wilhelm
Ayes: Farrier, Springer, Wilhelm
Nays: None
Approved: 3-0
item until the next regularly
Agenda Item #18, Sign Ordinance
Motion was made to table the discussion of Sign Ordinance #506.
Motion: Springer
Second: Farrier
Ayes: Springer, Farrier, wilhelm
Nays: None
Approved: 3-0
Agenda Item #19, Executive Session
Mayor Fickes announced that the City Council 'would
executive session pursuant to V.T.A.S. Article 6252-17,
2(e), 2(f), and 2(g).
Council reconvened in open session at 11:30 p.m.
go into
Section
Agenda Item ~20,
Litigations
No action taken.
City Council Minutes
October 16, 1990 Meeting
Page 8
A~enda Item #21, Personnel Matters
No action taken.
A~enda Item #22, Land Acquisitions
Motion was made to authorize the Mayor to
to acquire property for City purposes.
Motion: Wilhelm
Second: Springer
Ayes: Farrier, Springer, Wilhelm
Nays: None
Approved: 3-0
enter into negotiations
Agenda Item #23, Resolution 90-66, Committee for Southlake Library
Mayor and Council thanked all those who made application.
Motion was made to appoint Karen Apple,
Hamilton, Phyllis Adler, and Velma Gray.
Motion: Farrier
Second: Wilhelm
Ayes: Farrier, Springer, Wilhelm
Nays: None
Approved: 3-0
Margaret Cook, Carol
A~enda Item #24, Adjournment
Motion was made to adjourn the meeting.
Motion: Wilhelm
Second: Springer
Ayes: Farrier, Springer, Wilhelm
Nays: None
Approved: 3-0
ATTEST:
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RECOMMENDATION FROM THE ENVIRONMENTAL TASK FORCE
Implementation of a mandatory recycling program
October 16, 1990
Emily A. Williams (Task Force representative)
We have a solid waste disposal problem in the United States.
Every year, we Americans generate 160 million tons of trash.
That's three and one-half pounds of trash per person, per
day. That's a convoy of 10-ton trash trucks long enough to
circle the globe at the equator 6 times! And as our
population zncr so will our trash -we're expected to
generate 20% more by the year 2000!
Even more disturbing is the idea that as our municipal solid
wastes increase, our available landfill space will be doing
just the opposite decreasing. Due to federal legislation
soon to be enacted called Subtitle D, strict regulations are
to be imposed on solid waste landfills. Their availability
will drop as existing landfills become filled to capacity or
are unable to meet the new regulations. New landfills will
require much larger pieces of land. They will have to pass
strict legal, environmental, and engineering criteria. And
their useage costs can be expected to rise dramatically from
the rates we now pay.
You will inevitably be forced to raise fees or taxes to pay
the additional costs.
There are ways to attack these waste management problems.
One of these is to reduce the amount of solid wastes that our
community sends to the landfill. That's going to require a
cooperative effort involving city government, citizens,
schools, businesses, and solid waste management
professionals.
It is the recommendation of the members of the Environmental
Task Force that the City of Southlake implement a mandatory,
curbside recycling program in our community.
A recycling program would ask the citizens of Southlake to
seperate certain designated, recyclable items from their
trash, store them in a bin provided by a professional waste
management company, and then set that bin out one day every
week. In addition, they would be required to pay slightly
higher trash disposal fees to cover the cost of this service.
Why should you ask community members to do this?
First of all, we expect recycling to eventually be a cost-
saving measure for the city. It would reduce the amount of
solid wastes going to the landfill. Inevitably, waste
disposal costs are going to rise with enactment of Subtitle D
legislation. The rise will be less dramatic if the community
has already reduced it's reliance on landfills due to
implementation of mandatory recycling.
Second of all, curbside recycling is the most efficient and
convenient way to reduce the solid waste stream. Citizens
can dispose of most recyclable items without the hassles of
delivering to and then waiting in line at central pick-up
locations. And they are provided with bins for convenient
storage of their items.
^
A recycling program gives people an opportunity to contribute
to environmental protection in their daily lives. When it is
coupled with an aggressive, community-wide educational
component such as the one you will be hearing about tonight,
it can shift their focus from trash disposal to resource
management. It makes people more aware of the fact that
recycling is a responsibility as well as a necessity. And it
increases their awareness of recycled and recyclable products
and packaging available to the consumer.
~
, Also, by implementing a curbside recycling program, Southlake
will be pushing our nation one step closer to the EPA's goal
. of reducing and recycling 25% of our national wastes by the
year 1992. In fact, every time a community such as ours
implements a recycling program, we help to expand the
infrastructure that is needed to provide raw materials for
industrial remanufacture.
'
Finally, it will give Southlake a positive public image. It
- will be an outward sign that we think globally and act
locally. It is the right thing to do.
,
_ There is no single, simple remedy for our trash problem. But
a curbside recycling program can be one important remedy. It
can
reduce the amount of waste requiring disposal or
~ incineration
. --reduce the inevitable rise in the cost of trash
disposal following implementation of Subtitle D
o legislation
~ - conserve our natural resources by reducing the need
, for raw materials
~ --protect our health and our environment
^ --provide our community members with an efficient and
convenient method of contributing to the solution of
solid waste dilemma
" Along with the other members of the Environmental Task Force,
° 1 urge you to implement such a program here in Southlake.
rs