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1990-12-04 CITY OF SOUTHLAKE 667 N. Carroll Avenue REGULAR CITY COUNCIL MEETING December 4, 1990 7:30 p.m. COUNCILMEMBERS PRESENT: Mayor, Gary Fickes; Mayor Pro Tem, Betty Springer (arrived at 8:15 p.m.). Members: Sally Hall, Rick Wilhelm, Jerry Farrier and Ralph Evans. CITY STAFF PRESENT: Curtis E. Hawk, City Manager; Michael Barnes, Director of Public Works; Karen Gandy, Zoning Administrator; Don Wilson, Fire Chief; Billy Campbell, Police Chief; Eddie Cheatham, City Engineer; Wayne 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, A~proval of the Minutes The minutes of the Regular City Council 18, 1990, were approved as amended. Motion: Wilhelm Second: Hall Ayes: Wilhelm, Hall, Farrier: Nays: None Abstention: Evans Approved: 3-0-1 meeting held on November Councilmember Evans stated he abstained due to absence from the November 18, 1990 meeting. Agenda Item #3, Mayor's Report Mayor Fickes called attention to the going on at city hall. He noted that changed around. remodeling project which is the parking area will also be The Mayor announced that a reception will be held in Colleyville for their new City Manager on Thursday, December 6, 1990, from 4:00 to 6:00 p.m. Mayor Fickes stated the City will be looking into having a newsletter. He referenced one he recently received from the City of North Richland Hills. Councilmember Rick Wilhelm reported that the Southlake Economic Development Council will be conducting an economic survey for Southlake. They will be mailing out questionaires to citizens in an effort to gather data. S.E.D.C. received a request from the North Texas Commission, who expressed a need for a data base. City Council Minutes December 4, 1990 page two Agenda Item #4, City Man~er's Report The City Manager, Curtis Hawk, reported on a major accident on FM 1709 which occurred on December 1, 1990. Tarrant County to this date has not acted on the request of the City to speed up land acquisitions for the FM 1709 Project. The Southlake Economic Development Council is going to send letters in behalf of the project. The City Manager reported that the street closing on North White Chapel Blvd. will begin this week, in the area of Chapel Downs Addition. Councilmember Sally Hall reported on a large sign which has been placed at Bicentennial Park, and asked that it be checked into. Mayor Fickes reported that the signal lights on SH 114 at Dove Road and white Chapel Blvd. will be operational on December 12, 1990. A~enda Item 5, Public Forum Chris Moses, 255 Turner Avenue, Apartment #1119, Roanoke. Mr. Moses stated that he was employed by the City of Southlake in the Public Works Department for one (1) month. He resigned alleging that his supervisor had verbally abused him on several occasions. He wanted the City Council to be aware of his alleged mistreatment. Buck Hubbard, 413 L.D. Lockett, Colleyville. Mr. Hubbard spoke to Council in regards to a program for recycling Christmas Trees. He stated that City Garbage will perform this service, if the City will let the public know where to take the trees. The cut-off date for collecting the trees is to be set by Council. Councilmembers expressed appreciation for this service. A~enda Item 96, Ordinance No. 480-34, 2nd reading. CISD ZA 90-58, a zoning change request for a 54.615 acre tract of land out of the R.J. Paden Survey, Abstract No. 1255, Tracts 3, 3E, 3F, and 3Fl. Current zoning is Agricultural, with a request of the Community Service Zoning District. Zoning Administrator, Karen Gandy, noted that fifteen (15) letters were sent to property owners within 200' and to date, no written responses have been received. On November 20, 1990, the 1st reading of the ordinance was approved by City Council. This item was tabled until later in the meeting. City Council Minutes December 4, 1990 page three Agenda Item ~7, Ordinance NO. 480-33, 1st reading. Stone Lakes Ordinance No. 480-33 (ZA 90-56), was tabled for 1st reading on November 20, 1990, to be continued tonight. The zoning change and Development Site Plan approval requested for a 160.073 acre tract of land out of the R.J. Paden Survey, Abstract No. 97 located on FM 1709. Current zoning is Agricultural, with a request for Planned Unit Development (PUD). Owner of the property is the Estate of A.C. and Audrey Stone, Mary Stone Myers, Independent Executrix. The proposed developer is Phillip Jobe. The applicant is the Nelson Corporation. The Zoning Administrator noted that twenty-three (23) letters were sent to property owners within 200' and she received several letters, all from property owners within the SouthRidge Lakes Subdivision. Recently she received a petition with fifty-five (55) signatures, also from SouthRidge Lakes property owners. In regards to the proposed Stone Lakes Addition, the Zoning Administrator noted that in the November engineers letter, a suggetion was made that the four-one acre commerical tracts be changed to one larger lot. The revised development site plan shows 289 residential lots and one commercial lot. The proposed development reflects 1.8 units per acre and seventeen acres of open space. Continuation of Public Hearing Patty McCarty, 312 SouthRidge Lakes Parkway. Ms. McCarty stated that she is pleased with the outcome of the last City Council meeting. She still has reservations and would like for Council to consider a zoning for specialized stores along the main roads. She has applied for Planning and Zoning Commission. She asked that Council consider her application favorably. Public hearing closed. Councilmember Wilhelm suggested that since this is a Planned Unit Development, there be larger set backs along Scenic Drive, the utilities be underground, and, the garages not face the street. He would like to see the ratio from 1st and 2nd floor areas to prevent the "box" effect. He had questions in regards to the temporary entrances, the lots sizes between lot 13 and 14 and lot 14-15, and about moving the entry way to the east. Mayor Pro Tem Springer arrived at 8:15 p.m. Craig Curry noted they would be willing to commit to the following items: a). Commit to zoning of a 20' landscape buffer on FM 1709. City Council Minutes December 4, 1990 page four b). prior to development, present a detailed site plan. c). detailed landscape plan. d). screening of service areas. e). minimum building set back on FM 1709 of 60' to the right-of-way. f). no garages that would face a street, unless approved by some form of a variance. The issue of a temporary point of access was discussed. Curry noted that the temporary point of access is only for emergency vehicles. Councilmember Hall asked the Fire Chief, Don Wilson, if it creates a problem for him to have 289 lots with one access. Wilson noted that it is always a problem from Fire and Police point of view. Motion was made to approve Ordinance No. 480-33, 1st reading, reflecting the following changes; dealing with Commercial; future landscaping; 60' right-of-way off FM 1709; no garages facing the streets; site plan approval; lot set-backs along Stone Lakes Drive, to the east of the lake and Cambridge Crossing; 20' landscape buffer along the commercial lot; and a landscape plan including screening of service areas, underground utilities; and, the ratio between the 1st and 2nd floors on residences. Motion: Hall Second: Wilhelm Mayor Fickes read the caption of Ordinance No. 480-33. Ayes: Nays: Approved: Hall, Wilhelm, Springer, Evans, None 5-0 vote Farrier Agenda Item #8, ZA 90-57, Preliminary Plat of Stone Lakes Addition The preliminary plat of Stone Lakes, a 160.073 acre tract of land out of the R.J. Paden Survey, Abstract No. 1255, and the J.T. Bailey Survey, Abstract No. 97, was presented to Council. The Zoning Administrator noted that twenty-three (23) letters were sent to property owners within 200'. The Planning and Zoning Commission recommended approval to the City Council on November 8, 1990, based on the Cheatham review letter dated November 2, omitting the stub-out to the west. Fire Chief, Don Wilson expressed concern with addressing due to the circular streets. City Council Minutes December 4, 1990 page five ~Dnda Item #8, Continued Motion was made to approve the preliminary plat excluding items #4 & #5 of the November 30, 1990 and, subject to the suggestion of the Fire Chief splitting circular streets. Motion: Hall Second: Evans Ayes: Hall, Evans, Wilhelm, Springer, Farrier Nays: None Approved: 5-0 vote of Stone Lakes, Cheatham letter, in regard to Councilmember Wilhelm asked when will the amenities be constructed and was advised, at the same time as construction of Phase I. Agenda Item #6, Continued-- Ordinance No. 480-34 CISD The Zoning Administrator advised that the new Carroll High School will be a full campus with all sporting activities. Dr. Annette Griffin respectfully requested a change in the zoning request from Commercial Service to S-P-1 Commercial Service, with the requested variances to the City Ordinances: an amendment to bufferyards along Peytonville Avenue (no buffer at all along Peytonville Avenue) o an amendment to the parking requirement (stadium and classroom parking are looked at separately) an amendment to the height restrictions (at the school main entrance and at the theatre entrance). Councilmember Wilhelm stated that it is his understanding that in looking at the S-P-1 zoning district, that the City Council can grant variances to the Zoning Ordinance, with parking, height and bufferyard being included , and that it would not be necessary to have a separate hearing before the Board of Adjustments, and that the school would be able to start construction. Dr. Griffin stated that they are moving 175 trees and they are going to try to use them in some buffer way. Councilmember Hall commented on the lighting on the tennis courts and baseball field and asked the school to be very careful when installing the lights. Dr. Griffin stated they will be very careful not to disturb the neighborhood when installing the lighting. City Council Minutes December 4, 1990 page six Agenda Item #6, Continued The Zoning Administrator, Karen Gandy, commented that in granting the variances under S-P-l, the ordinance states a 1-3 ratio for stadium seating. The school is requesting a 1-5 ratio. In regards to the height variance, the ordinance allows for a maximum of 35' and they are in need of 50' in two places. It is Council understanding that the site plan does not show any lighting on the tennis courts or baseball field. Mayor Pro Tem Springer commented that she is not against the new school; however, she does have some real concerns about the new high school at this location and how it is going to affect other development around it. She has concerns about the traffic situation. She stated she has the privilege of observing the traffic at the present high school, and trying to multiply that by three or four times with FM 1709 being under construction for a couple of years, at the time the high school will open. She is concerned about the effect that the stadium lights will have on existing residential neighborhoods. She is bothered by the right-of-way requirements on Peytonville Avenue and the current residents, plus the effect of the necessary widening of Peytonville Avenue and the effect on the city financial situation in regard to this. Councilmember Wilhelm stated he agrees with Ms. Springer; however, the school has purchased the site and that is the tract that the City will have the opportunity to work with. The Councils will have some real challenges involving the site in the years to come. Motion was made to approve Ordinane No. 480-34, 2nd reading, with the amendments as follows: amending the buffer yard requirements on Peytonville Avenue, amending the parking requirements using a 5-1 ratio, and amending the height restrictions to 50' Motion: Hall Second: Wilhelm Mayor Fickes read the caption of ordinance No. 480-34 Ayes: Hall, Wilhelm, Farrier, Nays: None Approved: 5-0 vote Evans, Springer Council adjourned for recess at 9:20 p.m. Council returned to open session at 9:30 p.m. City Council Minutes December 4, 1990 page seven Agenda Item #9, Ordinance NO. 480-B, 2nd reading. The City Manager, Curtis Hawk, reviewed the amendments to the Zoning Ordinance, and a discussion was held in regards to Section 34, of Ordinance No. 480, "Accessory Uses", which is amended by revising Paragraph Y of Section 34.1 to read as follows: "y. One temporary construction facility and/or one temporary sales facility by a Developer, including manufactured housing, not to exceed 500 square feet per facility, only during actual construction for a period not to exceed two (2) years and located on property being developed". The public hearing resulted with no comments from the audience. Motion was made to approve as amended (shown above). Motion: Farrier Second: Springer the 2nd reading of Ordinance No. 480-B Mayor Fickes read the caption of Ordinance NO. 480-B. Ayes: Farrier, Springer, Evans, Nays: Hall Approved: 4-1 vote wilhelm Councilmember Hall stated she opposed Ordinance No. 480-B, due to Section 45.6 regarding the 300' distance requirement for Alcoholic Beverages from schools and churches. She feels it should remain at 1,000' distance as shown in the current ordinance. Agenda Item ~10, Ordinance No. 480-C, 1st reading. The City Manager, suggested that this item be tabled, and that City Council have a work session to review the suggested changes. Motion was made to table Ordinance No. continuing the public hearing, time certain December 18, Motion: Farrier Second: Evans Ayes: Farrier, Evans, Springer, Hall, Wilhelm Nays: None Approved: 5-0 vote (to table) 480-C, 1st reading 1990. City Council Minutes December 4, 1990 page eight Agenda Item #1, Emergency Agenda, Ordinance NO. 528, 1st reading City Manager, Curtis Hawk, explained that Ordinance No. 528, was added to the agenda as an emergency item, due to the fact that Charter Amendments must be considered for an election by Ordinance. Motion was made to approve Ordinance No. Motion: Farrier Second: Evans 528, 1st reading. Mayor Fickes read the caption of the Ordinance. Ayes: Farrier, Evans, Nays: None Approved: 5-0 vote Springer, Hall, Wilhelm Agenda Item ~11, 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) 2(g). Council convened in closed session at 10:15 p.m. Council returned to open session at 12:35 a.m. Agenda Item #12, Action Necessary/Litigation No action was necessary in regards to pending or contemplated litigations as the result of the executive session. Agenda Item 913, Action Necessary/Personnel Matters Mayor Fickes announced that an evaluation was held for the City Manager and City Secretary and that a letter will be written to each of them, su~arizing the evaluation meetings. It will include goals and expectations for the coming year. This letter will give Council a beginning point for the next evaluations. Motion was made to approve the salary adjustments Manager, $57,500. and the City Secretary $33,200. Motion: Hall Second: Farrier Ayes: Hall, Farrier, Springer, Wilhelm, Evans Nays: None Approved: 5-0 vote as follows: City City Council Minutes December 4, 1990 page nine Agenda Item #14, Action Necessary/Land Acquisition No action was necessary in regards to land acquisition as the result of the executive session. Agenda Item #15, Resolution 90-82, Appointment to P&Z Resolution 90-82 was approved, naming Stephen Apple and Zoning Commission, to fill the unexpired term Term expiring in May, 1991. Motion: Wilhelm Second: Springer Ayes: Wilhelm, Springer, Hall, Farrier, Evans Nays: None Approved: 5-0 vote to the Planning of Jim Devine. Mayor Fickes noted that he appreciates the applications which were submitted for the position. He added that 'we now have an opening on the Board of Adjustments and the City Secretary has been instructed to advertise for this opening. Agenda Item #16, Adjournment Motion was made to adjourn the meeting. Motion: Wilhelm Second: Farrier Ayes: Wilhelm, Farrier, Nays: None .~..~: 5-0 vote ,,,,,~ ~ ~ ~% ~andra L. 'L~Grand City Secretary Evans, Springer, Hall