1990-12-04 Regular CC Meeting City of Southlake, Texas
CITY OF SOUTHLAKE, TEXAS
REGULAR CITY COUNCIL MEETING DECEMBER 4, 1990
LOCATION: 667 North Carroll Avenue, Southlake, Texas
City Council Chambers of City Hall
WORK SESSION: 6:30 P.M.
1. Discussion of all items on tonight's agenda.
REGULAR SESSION: 7:30 P.M.
1. Call to order. Invocation.
2. Approval of the Minutes of the City Council Meeting held on
November 20, 1990.
3. Mayor's Report.
4. City Manager's Report.
CONSENT AGENDA
All items listed below are considered to be routine by the City
Council and will be enacted with one motion. There will be no
separate discussion of items unless a Council member or citizen so
request, in which event the item will be removed from the general
order of business, and considered in its normal sequence.
REGULAR AGENDA
5. Public Forum.
6. Consider: Ordinance No. 480 -34, 2nd reading. (ZA 90 -58).
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 3F1. The property is located
in the 1300 to 1500 Block of West Southlake Blvd.
Current zoning is Agricultural, request is for the
Community Service Zoning District. Owner: Carroll
Independent School District.
Public Hearing.
7. Consider: Ordinance No. 480 -33, 1st reading. (ZA 90 -56).
Zoning change and Development Site Plan approval
request for 160.073 acres out of the R.J. Paden
Survey, Abstract No. 97, being located in the 900 to
1300 Block of West Southlake Blvd. Current zoning is
Agricultural, request is for the Planned Unit
Development (PUD). Owner: Estate of A.C. and Audrey
Stone, Mary Stone Myers, Independent Executrix. The
proposed owner /developer is Phillip Jobe. The
applicant is The Nelson Corporation.
Continuation of the Public Hearing.
City of Southlake, Texas
City Council Agenda
December 4, 1990
page two
8. Consider: ZA 90 -57, 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. Owner: Estates of A.C. and
Audrey Stone, Mary Stone Myers, Independent
Executrix. The proposed owner /developer is Phillip
Jobe. The applicant is The Nelson Corporation.
9. Consider: Ordinance No. 480 -B, 2nd reading. Amending the
Zoning Ordinance No. 480.
Public Hearing.
10. Consider: Ordinance No. 480 -C, 1st reading. Amending Zoning
Ordinance No. 480.
Continuation of Public Hearing.
11. Executive Session
Pursuant to the Open Meetings Act, Article 6252 -17 V.T.A.S.
Section 2(e) 2(f) 2(g). Refer to posted list.
A. Discussion: Pending or contemplated litigations.
(Refer to posted list)
B. Discussion: Personnel Matters, including Boards and
Commissions (Refer to posted list) and
Evaluation of the City Manager and City
Secretary
C. Discussion: Land Acquisition.
D. Return to Open Session.
12. Consider: Action necessary in regards to pending or
contemplated litigations (Refer to posted list)
13. Consider: Action necessary in regards to Personnel Matters,
including Boards and Commissions (Refer to posted
list) .
14. Consider: Action necessary in regards to Land Acquisition.
15. Consider: Resolution 90 -82, appointment to the Planning and
Zoning Commission, to fill an unexpired term.
City of Southlake, Texas
City Council Agenda
December 4, 1990
page three
16. Meeting Adjourned.
I hereby certify that the above agenda was posted on the official
bulletin boards at city hall, 667 North Carroll Avenue, Southlake,
Texas, on Friday, November 30, 1990, at 5:00 p.m., pursuant to the
Open Meetings Act, Article 6252 -17 V.T.A.S.
00 0,01m. 444
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anara L. eGrand = F 7/� c
City Secretary ;�. i'' •
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City of Southlake, Texas
EXECUTIVE SESSION
PERSONNEL
The City Council may consider the appointment, employment,
evaluation, reassignment, duties, discipline, or dismissal of the
City Manager, City Secretary, City Attorney, Municipal Court Judge
and City Boards and Commission Members. A complete list of the
City Boards and Commissions are on file in the City Secretary's
Office.
After discussion of any or all of the above, in executive session,
any final action or vote taken will be in public by the City
Council.
PENDING LITIGATION
The City Council may consider pending and contemplated litigation
subjects. The following subjects may be discussed:
1. Jerry W. Crowder v. City of Southlake. October, 1988.
2. Ray L. Whitmore, Louis Messina and Marie J. Robinson V.
City of Southlake, 1980.
3. Russell Sivey v. City of Southlake. September, 1989.
CONTEMPLATED LITIGATION
4. Margaret Freemen Claim. January, 1990.
5. West Beach Addition
Litigation is, by nature, an on -going process, and questions may
arise as to trial tactics which need to be explained to the City
Council. Upon occasion, the City Council may need information from
the City Attorney as to the status of the pending or contemplated
litigation subjects set out above. After discussion of the pending
and contemplated litigation subjects, in executive session, any
final action, or vote taken, will be in public.
If personnel issues or litigation issues arise as to the posted
subject matter of this City Council Meeting, an executive session
will be held.
SLL 11/16/90
City of Southlake, Texas
CITY OF SOUTHLAKE, TEXAS
NOTICE OF EMERGENCY ADDITION TO THE DECEMBER 4, 1990, CITY COUNCIL
AGENDA.
TO WIT: Purpose of hearing this item as an
emergency measure is to meet the
statutory requirements for holding
an election regarding Municipal
Court of Record.
TIME: 8:30 P.M.
AGENDA
1. Consider: Adopting Ordinance No. 528, 1st reading. Ordering
election on proposed Charter Amendments and Bond
Proposals for January 19, 1991.
I hereby certify that the above emergency addition to the December
4, 1990, City Council Meeting Agenda was posted on the official
bulletin boards at city hall, 667 North Carroll Avenue, Southlake,
Texas, on Tuesday, December 4, 1990 at 6:30 P.M., pursuant to the
Open Meetings Act, Article 6252 -17 V.T.A.S. A copy of this
addition to the agenda was telefaxed to the official newspaper of
the city.
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Sandra L. LeGrand 0 s
City Secretary '.' lid%
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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