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1990-11-06 CITY OF SOUTHLAKE 667 N. Carroll Avenue REGULAR CITY COUNCIL MEETING November 6, 1990 7:30 p.m. COUNCILMEMBERS PRESENT: Mayor, Gary Springer. Members: Sally Hall, Rick Ralph Evans. Fickes; Mayor Pro Tem, Betty Wilhelm, Jerry Farrier, and, CITY STAFF PRESENT: Curtis E. Hawk, City Manager; Michael Barnes, Director of Public Works; Billy Campbell, Police Chief; Don Wilson, Fire Chief; Karen Gandy, Zoning Administrator; Eddie Cheatham, City Engineer; Wayne K. Olson, City Attorney; and, Sandra L. LeGrand, City Secretary. INVOCATION: Councilmember Ralph Evans The Regular City Council meeting was called to order at 7:30 p.m., by Mayor Gary Fickes. Agenda Item #2, Approval of Minutes The Minutes of the City Council meeting were approved as modified. Motion: Wilhelm Second: Springer Ayes: Wilhelm, Springer, Farrier Nays: None Abstention: Hall and Evans Approved: 3-0-2 held on October 16, 1990, Agenda Item #3, Mayor's Report Mayor Fickes read a proclamation, proclaiming December, 1990, as Tarrant County Holidays Ahead Alcohol Awareness Month, adding that Tarrant County is concerned about the safety and well-being of Tarrant families and residents during this 1990 Holiday Season. The Mayor announced that on October 29, 1990, at City Hall, he, the City Manager and Director of Public Works met with the homeowners from SouthRidge Lakes Addition. He added that thirty to thirty-five homeowners were present, as well as Sean Randol, with Arvida. Discussions were held in regards to water rates, traffic from the new high school, dog ordinance enforcement, status of the airport situation, and, the connection of SouthRidge Blvd. to North Peytonville. Mayor Fickes stated that it was a very informative meeting. Councilmember Sally Hall stated she made a presentation to 4th graders at Carroll Elementary School recently, on City Government, adding that the students expressed several concerns, including: graffito on city signs; loose dogs in all areas of the city; and, some of the children expressed concern about whether or not their families were included in the 1990 Census. City Council Meeting November 6, 1990 page two A~enda Item #3, Continued Councilmember Hall also reported that she was in attendance at C.A.C. meeting, where there was discussion in regards to traffic on Carroll Avenue, and the use of the access road. She added, that Dr. Griffin noted that it was a shame that all the schools are on one road. A~enda Item #4 Cit~ Manager's Report City Manger, Curtis Hawk stated that Council will recall at the previous meeting, several homeowners from Continental Park Estates area were present, and expressed concern in regards to the run-off that might be generated in excess of what was planned for in Chimney Hill. The Mayor, Mayor Pro Tem Springer, the Public Works Director, Eddie Cheatham, engineer, and himself went out with the developers, on-site, and looked at what could be done that would help the redirection flow of the water. They agreed to do some additional inlets, some gutter work, in conjunction with the work the city would do on some ditches across the road. The homeowners are aware that their fences are on the right-of-way, and they know that they will have to move them. The thing that pleased the city is that the developers of Chimney Hill agreed to go in and do some additional work to greater enhance the capability of the drainage system to carry the run-off, according to Mr. Hawk. Councilmember Hall asked whether or not the ditch that goes through Continental Park Estates, where all the fences are built across the ditch, is a drainage easement? Hawk answered that it is, and at some time in the future, the fences will have to come down. Hall added, that in trying to protect the water rights of the property owners, could that be creating even a bigger problem down stream when the lake overflows. Mayor Fickes stated that no matter how the water gets to that corner, it will get there eventually. There is just a lot of water. Councilmember Wilhelm thanked the developer for going the extra mile, they have gone beyond the call of duty. What he would like to do is build on this knowledge and be sure and look at the Truelove tract. He wants to be sure that public works looks at this property, as it is a large hill and will drain on other property, before the streets are built. He wants public works to be satisfied that they have done everything to prevent this happening again. City Council Minutes November 6, 1990 page three Agenda Item #4, Continued Curtis Hawk reported that since we are talking about storm sewer, on the Truelove property, the city will be crossing the road with sewer and storm sewer, and the city will be closing a portion of White Chapel Blvd. for a few days. Hawk wanted to report that several council meetings ago the Council had authorized the legal staff to work with Tarrant County in an effort to speed up the condemnation proceedings on FM 1709. Two weeks ago at Commissioners Court meeting, Commissioner Hampton had introduced an Interlocal agreement to be signed, where we would work with the County on this issue, in an effort to speed up the process. Councilmember Wilhelm has concerns that delays will cost the Southlake citizens money in regards to the FM 1709 curb and gutter project. Agenda Item 95, Consent Agenda The consent agenda includes: Resolution 90-77, amending the criteria for "No Parking" on North White Chapel Road, and adding Ravenaux Drive as a "No Parking" area, in regards to Ordinance No. 323. Motion was made to approve Motion: Wilhelm Second: Farrier Ayes: Wilhelm, Farrier, Nays: None Approved: 5-0 vote the consent agenda. Evans, Hall, Springer Agenda Item 96, Public Forum No comments were received during the public forum. City Council Meeting November 6, 1990 page four Agenda Item #7, Ordinance NO. 480-31, 2nd reading/ Weiss-Tex Karen Gandy, Zoning Administrator, presented Ordinane NO. 480-31 in 2nd reading (ZA 90-45), a zoning change request for a 0.677 acres tract of land out of the J.N. Gibson Survey, Abstract No. 591, Tract 2C1. Current zoning is Agricultural, request is for the Industrial-1 Zoning District. It was established that the property was annexed into the City in October, 1987 and that the land was used for industrial purposes prior to annexation. Owner, Weiss-Tex Investments. Mrs. Gandy stated that ten (10) letters were sent to property owners within 200', and to date, she has received two (2) replies, both in favor, from Lynn Eggers, and Sandra McKay. The 1st reading was approved by Council with a vote of 3-0. Zoning Administrator, Karen Gandy, stated, although there is a minimum lot area of five (5) acres for the I-1 zoning district, Section 33.18 entitled Nonconformin~ Industrial Properties states that "a lot or tract of land which is devoted to industrial use at the time of annexation into the City may be zoned as I-1 or I-2 where deemed appropriate by the City Council without the need for a variance by the Board of Adjustment, notwithstanding the fact that such lot or tract does not meet the minimum lot area for such zoning classifications." Councilmember Wilhelm asked that the record reflect that there are I-1 uses to the east, north and south of the property in question. Mayor Fickes stated he has had several conversations with the owners of the property and explained a little about our I-1 ordinance, and there were questions in regards to screening of the property. In order to have outside storage, it would require special exception from Board of Adjustment. Motion was made to Motion: wilhelm Second Farrier approve Ordinance No. 480-31, 2nd reading. Mayor Fickes read the caption of Ordinance NO. 480-31 Ayes: Wilhelm, Farrier, Nays: None Approved: 5-0 vote Hall, Springer, Evans City Council Minutes November 6, 1990 page five Agenda Item #8, Ordinance NO. 480-32, 1st reading. Muzyka Ordinance NO. 480-32, 1st reading (ZA 90-52) is a zoning request for a 4.25 acre tract of land out of the J.G. Allen Survey, Abstract No .18, Tracts 4A2, 4A4, 4A5, 4A6, and 4All. Current zoning is Agricultural, request is for the Conunercial-2 Zoning District. Owner: Louis T. Muzyka. Karen Gandy, Zoning Administrator, presented this request stating she sent letters to six (6) property owners within 200' and has received one (1) letter, in favor, from Mr. Fluger. The established use of the property is a day care center. The residence on the property has been converted to the day care center. Councilmember Wilhelm asked if C-1 zoning could be given to his request with a Special Exception Use permit from Board of Adjustments. Mrs. Gandy referenced page 44-13 of Ordinance No. 480. Mayor Fickes stated the city is creating a real unique piece of property due to the two tracts of land. wilhelm voiced concern, stating once we C-2 all the way down on FM 1709. The the property is a concern to him. Two too much in and out traffic. start, are we going to have lot on the back portion of hundred children will create Randy Hunt, Bagby Real Estate, was present representing the owners of the property. He stated that the owners are in the day care business and currently operate a center in North Richland Hills. He added that the property in the back will be used for expansion (playground), and that the applicants are buying the entire property. Mr. Hunt stated that they will have between 20-30 employees. They will be remodeling the structure prior to opening, adding 4,000 square feet to the principle structure. Hunt stated that they will widen the driveway if they use the back portion of the property. Mayor Fickes stated that the structure was a house and it will have to meet all building codes and state requirements, for a day care center prior to being occupied as a center. He reminded Mr. Hunt that they will need to meet with our Building Official for the guidelines. Councilmember Jerry Farrier stated he does not have a problem with C-2 zoning on all the land, but he has a problem with the split of the two tracts, both being zoned C-2. He would be in favor of leaving the 2.2514 acre tract in the rear as Agricultural and zoning only the two acres in front at C-2 zoning. City Council Minutes November 6, 1990 page six A~enda Item #8, Continued Councilmember Wilhelm stated the property would have to be zoned pursuant to the legal descriptions, provided by the property owner. Councilmember Wilhelm is extremely concerned with the peak loads of traffic on FM 1709. He questioned if this is an appropriate location for a day care center with 200 kids. Motion was made to Zoning District. Motion: Springer Second: Farrier approve Ordinance NO. 480-32, 1st reading as C-2 Mayor Fickes read the caption of Ordinance No. 480-32. Ayes: Springer, Farrier, Nays: None Approved: 5-0 vote Hall, Evans, wilhelm Agenda Item 99, ZA 90-53, Plat Showing, J.G. Allen Survey, Abstract No. 18 ZA 90-53. The Plat Showing on Lots 1 and 2, J.G. Allen Survey, Abstract No. 18, was presented by Karen Gandy, Zoning Administrator, who stated she sent letters to six (6) property owners, with no responses to date. It was noted that the County has purchased right-of-way on FM 1709 on this property. Motion was made to approve ZA 90-53, Plat Showing, subject to the Cheatham review letter of October 9, 1990 being complied with. Motion: Farrier Second: Hall Ayes: Farrier, Hall, Springer, Evans, wilhelm Nays: None Approved: 5-0 vote Agenda Item 910, Ordinance No. 526, 1st reading. Health Services The City Manager, Curtis Hawk, presented Ordinance No. 526, which amends Section 14 of the existing ordinance and increases fees for temporary permits from $25. to $35. Lawrence C. Prine, Registered Sanitarian, with Tarrant County Health Department was present to answer questions for Council. City Council Minutes November 6, 1990 page seven Agenda Item #10, Continued Councilmember Hall stated she feels that the information on the results of inspections on food service establishments should be posted for public review. Councilmember Farrier asked if exemption from the permits could be given to those individuals who grow their own produce on their property. Mr. Prine stated he feels it would be reasonable to exempt homeowners selling their own property. He added, if Council proposes to make this change to the agreement, he will propose it to the other twenty-eight cities in the County. He feels it is a very legitimate change to the permit system. Curtis Hawk commented that the changes will be made to the ordinance before the 2nd reading. Motion was made to approve Ordinance No. 526, as an amendment to Ordinance No. 409, with the adjustment to exempt from the fee structure, those people who might sell produce raised and sold on their own property. Motion: Farrier Second: Evans Mayor Fickes read the caption of Ordinance No. 526 Ayes: Farrier, Evans, Nays: None Approved: 5-0 vote Springer, Hall, Wilhelm Agenda Item #11, Ordinance No. 515, 1st reading. Park and Recreation The City Manager, Curtis Hawk, stated that this is a replacement of our existing ordinance in keeping with our efforts to update our ordinances which still pertain to General law. The primary difference in the two ordinances, the existing Ordinane NO. 309, and Ordinance No. 515, is in the references to the Mayor in the existing ordinance, which have been changed to City Council in the new. The duties and responsibilities of the Board outlined in Section 4 are basically the same. The provision for variances in Section 12 of the proposed new ordinances, in regards to the lights at the ballfields going off at midnight and no variances or exceptions to the use of alcoholic beverages, will be added prior to 2nd reading of the ordinance. City Council Minutes November 6, 1990 page eight Agenda Item 911, Continued Motion was made modified. Motion: Wilhelm Second: Evans to approve Ordinance No. 515, 1st reading, as Mayor Fickes read the caption of the ordinance Ayes: Wilhelm, Evans, Farrier, Nays: None Approved: 5-0 vote Springer, Hall Agenda Item 912, Developers Agreement, Chimney Hill, Phase II Director of Public Works, Michael Barnes, led the discussion in regards to the developers agreement of Chimney Hill, Phase II, stating that park fees are not required for this development phase. Mayor Fickes commented on the issues which was held on-site a couple weeks Mayor's Report of this meeting. in regards to the meeting ago, as he noted during the Mayor Pro Team Springer and Councilmember Sally Hall commented on the drainage problems along South Peytonville Avenue. Motion was made to approve the Developers Agreement Hill, Phase II as modified. Motion: Wilhelm Second: Evans Ayes: Wilhelm, Evans, Springer, Farrier, Hall Nays: None Approved: 5-0 vote on Chimney Agenda Item 913, Developers Agreement for SouthRidge Lakes, Phase III Director of Public Works, Michael Barnes, reviewed the Developers Agreement for SouthRidge Lakes, Phase III, for Council, stating that the park fees come under this agreement for 49 lots or $24,500. He noted that the developer has asked for 50% credit. Sean Randol stated they support erosion control, however, he wants the statement in the developers agreement that erosion control will be accomplished as it was in Phase I and Phase II. He feels the way it is worded, gives the city full control. Councilmember Sally Hall commented that she is not so inclined to remove the item on erosion from the agreement. City Council Minutes November 6, 1990 page nine Agenda Item %13, Continued Councilmember Jerry Farrier stated this is a heavy handed paragraph and the city feels they need the vehicle to accomplish this. The intent was that during construction time period, the addition needs to be kept as clean as possible. Mayor Fickes noted that this wording came up because of Chimney Hill problems with erosion. Motion was made to approve the Developers Agreement modifications in paragraph 2e, page 6. Motion: Wilhelm Second: Evans Ayes: Wilhelm, Evans, Springer, Hall, Farrier Nays: None Approved: 5-0 vote subject to Agenda Item %14, Discussion: Council Committee Appointments Mayor Fickes explained the need for committees to review items being considered for the Special Election, scheduled for January 19, 1991, including: Court of Record, Charter Revisions, and, Bond Proposals. Agenda Item %15, Executive Session Mayor Fickes announced that Council would be going into executive session pursuant to the Open Meetings Act, Article 6252-17 V.T.A.S. Section 2(e) 2(f) and 2(g). Council convened in closed session at 10:15 p.m. Council returned to open session at 11:45 p.m. Agenda Item %16, Action Necessary/Litigations NO action was necessary as the result of the executive session. Agenda Item %17, Action Necessary/Personnel No action was necessary as the result of the executive session. Agenda Item %18, Action Necessary/Land Acquisition Motion was made to acquire an easement for the a cost of $1,484.00. Motion: Wilhelm Second: Evans Ayes: Wilhelm, Evans, Springer, Hall, Farrier Nays: None Approved: 5-0 vote Kellner property at City Council Minutes November 6, 1990 page ten Agenda Item #19, Appointments to Council Committees/ Special Election As the result of the executive session, motion was made to Betty Springer, Ralph Evans, and, Rick Wilhelm, to a committee to review the Court of Record and Charter Revisions the January 19, 1991 Special Election. Motion: Farrier Second: Wilhelm Ayes: Farrier, Wilhelm, Evans, Springer, Hall Nays: None Approved: 5-0 vote appoint Council for Motion was made to appoint Gary Fickes, Jerry Hall to a Council committee to review Bond Special Election to be held on January 19, 1991. Motion: Springer Second: Evans Ayes: Springer, Evans, Hall, Wilhelm, Farrier Nays: None Approved: 5-0 vote Farrier and Sally Proposals for the Motion was made to appoint a Consultant for Park Master Plan, consisting of Jerry Farrier, and one member of the Park appointed during their next meeting). Motion: Wilhelm Second: Evans Ayes: wilhelm, Evans, Springer, Farrier, Hall Nays: None Approved: 5-0 vote Committee to recommend selection of a Betty Springer and Commission (to be Agenda Item #20, Adjournment Motion was made to adjourn the meeting at 11:50 p.m. Motion: Springer Second: Hall Ayes: Springer, Hall, Wilhelm, Farrier, Evans Nays:None ~~ Approved: 5-0 vote /.~ ,~ ~I Z .-'~ %~ ............. .~%,"'..~ Sandra L. LeGrand ~-~ ~-~I~%Q~ city secretary ~.-- '~/ :~ .... ...... ~,.. %,," . ~ ~,,~.,. .........., City of Southlake, Texas M E M O R A N D U M • November 2, 1990 Q 7M•e TO: Curtis E. Hawk, City Manager FROM: Billy Campbell, Chief of Police SUBJECT: Requested Change in Resolution 86.17 In reference to Ordinance No. 323, you expressed a desire to scrutinize the parking on White Chapel Boulevard and Ravenaux Drive. To specifically address no parking from the intersection of White Chapel Boulevard at 114 South and no parking on Ravenaux Drive, the following change and addition should be made to Resolution 86.17. 6. NORTH WHITE CHAPEL BOULEVARD AT HIGHWAY 114: From Hwy 114 south of stop sign going south 929 feet on White Chapel Blvd, both sides of the street. 8. RAVENAUX DRIVE AT INTERSECTION OF NORTH WHITE CHAPEL BOULEVARD: From street sign 523 feet west on Ravenaux Drive, both sides of the street. These amendments to Resolution 86.17 will follow the consistency of style and vernacular of this Resolution. "No parking /tow away" signs, with attached directional arrow, should be erected to reflect the change. We also recommend that a stop sign by placed on Ravenaux Drive requiring stopping before entering on to North White Chapel Boulevard. As a side note, we are trying to reach Rev. Watson regarding any possible objection he might have to the restricted parking on North White Chapel Boulevard near his church. Although it is doubtful that restricted parking will have any effect on the congregation's parking; please see diagram drawn by Officer McAmis. BC /mr Attachment J`� • 490 w. Hwyi � T 1-- li ► ► y 5 °' si° 4 9 , �`" ` s �M w t • T t, �r Pi R. � ` . w�. 2 _4, fat 1,.... .. NYC/OW/ ► i H 4 —Iv f a' i� 5�-� 341 11' 4;-7 3 a I ' at, t _ 1 5 ©O N LV T , C41:7 I- 145 FLEA !VI 55 rewIRKffT , Diu vE RAvEAJAUX f VILLAGE CT. 4, TT kir___________ 5. ( 3 ffq SIGN (No Sr.? 4CW CREEIc ?RIDGE ill am /00 %oSC Vi ® - ae PisRlrn�G /TB,uA -. SrGN FL Eli 4. 47779444n> b.R.scT,o,., S / MARKET MIRa ws 7L �"' Tfitl V E PRfmARV /4'REAS wseD - I F°R. 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