1991-08-20 Regular CC Meeting • City of Southlake, Texas
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CITY OF SOUTHLAKE, TEXAS
REGULAR CITY COUNCIL MEETING AUGUST 20, 1991
LOCATION: 667 North Carroll Avenue, Southlake, Texas
City Council Chambers of City Hall
WORK SESSION: 6:30 p.m.
N.
1. Discussion of all items on tonight's Regular Council Meeting
Agenda.
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REGULAR SESSION: 7:30 P.M.
Mr
1. A. Call to order. Invocation.
B. Executive Session:
Pursuant to the Open Meetings Act, Article 6252 -17
V.T.C.S., Section 2(e), 2(f), 2(g). Refer to posted
list attached hereto and incorporated herein.
C. Reconvene: Action necessary on items discussed in
Executive Session.
2. Approval of the Minutes of the Regular City Council meetings
held on July 16, and August 6, 1991, and the Special City
Council meetings held on July 30, August 13, August 14, and
August 15, 1991.
3. Mayor's Report.
4. City Manager's Report.
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CONSENT AGENDA
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All items listed below are considered to be routine by the City
Council and will be enacted with one motion. There will be no
ow.. 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.
5. Consider:
A. Interlocal Agreement with Tarrant County for collection of
Ad Valorum Taxes.
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B. Permission to advertise for bids for the relocation of
Texas National Bank and construction of the foundation
for the building at the Bicentennial Park Site.
C. Award of bid for sewer improvements for the new Carroll
High School.
D. Change Order #2 for the S -6 Sewer Project.
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«�. City of Southlake, Texas
City Council Agenda
August 20, 1991
page two
REGULAR AGENDA
6. Public Forum.
7. Consider: Ordinances, second reading.
A. Ordinance No. 480 -54, 2nd reading (ZA 91 -38) a zoning
change request for a 10.212 acre tract of land out of the
J.J Freshour Survey, Abstract No. 521, southern portion of
Tract 8A1. Current zoning is "AG" Agricultural, with a
request for "CS" Community Service zoning district.
„ Location: Approximately 800 feet west of the intersection
of Randol Mill Avenue and Johnson Road on the north side
,.• of Johnson Road. Owner: Herbert and Laura Sword.
Public Hearing.
B. Ordinance No. 480 -55, 2nd reading (ZA 91 -39) a zoning
• change request for an 8.513 acre tract of land out of the
J.J. Freshour Survey, Abstract No. 521, northern portion
of Tract 8A1. Current zoning is "AG" Agricultural, with a
"' request for "SF -1A" Single Family -1A Residential zoning
district. Owner /Applicant: Herbert and Laura Sword.
Public Hearing.
C. Ordinance No. 540, 2nd reading. Authorizing the Issuance
err of City of Southlake, Texas, Certificates of Obligation,
Series 1991.
Public Hearing.
8. Consider: Ordinances, first reading and related items.
ler A. Ordinance No. 480 -56, 1st reading (ZA 91 -42) a zoning
change request for 10.02 acres out of the B.J. Foster
P" Survey, Abstract No. 519, Tracts 1B1, 1B2, and 1B3.
Current zoning is "AG" Agricultural, with a request for
"RE" Residential Estate zoning district. Location:
Northwest of the first curve on North Peytonville Avenue,
'"' North of F.M. 1709. Owner: Robert S. Pollard, M.D.
irw Public Hearing.
A• B. ZA 91 -43, plat showing for Lot 2, B.J. Foster No. 519
Addition, 10.02 acres. Location: Northwest of the first
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curve on North Peytonville Avenue, North of F.M. 1709.
Owner: Robert S. Pollard, M.D.
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• C. ZA 91 -45, plat showing for Lot 3, J.G. Allen NO. 18
Addition, consisting of 3.18 acres of land. Location:
approximately 1000 feet West of Davis Blvd. (F.M. 1938)
on the South side of West Southlake Blvd. Current Zoning
is "CS" Community Service zoning district.
r. Owner /Applicant: Southlake Church of Christ.
City of Southlake, Texas
City Council Agenda
.n•. August 20, 1991
page three
O. D. Ordinance No. 541, 1st reading. Approving the revised
Budget for FY 90 -91 and adopting the Annual Budget for
FY91 -92.
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E. Ordinance No. 542, 1st reading. Adopting the Tax Rate.
,, 9. Consider: Resolutions (no items for this agenda)
10. Other items for consideration.
A. Extension of Jogging Trail in Park by Developer of Oak
Hilts Subdivision and crediting fees.
■■ 11. Other items for discussion:
A. Sign Ordinance.
B. Proposed FY 91 -92 Annual Budget.
12. Meeting Adjourned.
I hereby certify that the above agenda was posted on the official
bulletin boards at city hall, 667 North Carroll Avenue, Southlake,
iw Texas, on Friday, August 16, 1991 at 5:00 p.m., pursuant to the
Open Meetings Act, Article 6252 -17 V.T.C.A.
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andra L. LeGrand ` .` 4 S •
City Secretary •
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City of Southlake, Texas
EXECUTIVE SESSION
PENDING LITIGATION- Section 2(e)
The City Council may consider pending and contemplated litigation
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subjects. The following subjects may be discussed:
1. Ray L. Whitmore, Louis Messina and Marie J. Robinson v.
Pis City of Southlake, 1980.
2. Russell Sivey v. City of Southlake, September 1989.
3. Essig Claim, February 1991.
4. Ginger Creek Estates, March 1991.
5. Margaret Freemen Claim, January 1990.
6. West Beach Addition.
7. Murawski Claim.
8. Garrett Claim.
err 9. Ken Smith, July 1991.
• 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.
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LAND ACQUISITION- Section 2 (f)
The City Council may consider the purchase, exchange, lease, or
sale of real property.
After discussion of land acquisitions in executive session, any
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final action, or vote taken, will be in public.
PERSONNEL- Section 2(q)
111 The City Council may consider the appointment, employment,
evaluation, reassignment, duties, discipline, or dismissal of
public officers or employees, including the City Manager, City
Secretary, City Attorney, and City Board 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.
If personnel issues or litigation issues arise as to the posted
w. subject matter of this City Council Meeting, an executive session
will be held.
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SLL 8/16/91
PM
M
CITY OF SOUTHLAKE
667 N. Carroll Avenue
REGULAR CITY COUNCIL MINUTES
August 20, 1991 7:30 p.m.
COUNC ILMEMBERS PRESENT: Mayor Gary Fickes; Mayor Pro Tem Rick
Wilhelm; Deputy Mayor Pro Tem Sally Hall. Members: Mike O'Brien,
Barry Emerson, Jerry Farrier, and W. Ralph Evans (arrived at 8:00
p.m.) .
CITY STAFF PRESENT: Curtis E. Hawk, City Manager; Billy Campbell,
Director of Public Safety; Lou Ann Heath, Finance Director; Mike
Barnes, Director of Public Works; Don Wilson, Fire Chief; Karen
Gandy, Zoning Administrator; Greg Last, City Planner; Eddie
Cheatham, City Engineer; Wayne Olson, City Attorney; and Sandra L.
LeGrand, City Secretary.
Invocation: Councilmember Jerry Farrier.
The work session was called to order at 6:30 p.m.
agenda items for tonight's meeting.
to discuss the
Mayor Gary Fickes called the meeting to order at 7:30 p.m., and
informed the Audience that beginning October 1, the City Council
meetings will begin at 7:00 p.m., and the first item on the agenda
will be the executive session. Hopefully, the regular agenda items
will begin at 7:30 p.m. as usual. Councilmembers feel by making
this change, our City Attorney can leave the meeting earlier,
therefore saving the City funds for legal fees.
Tonight, the executive session has been postponed until later in
the meeting.
Agenda Item #2~ Approval of the Minutes
Motion was made to approve the minutes of the Regular City Council
meetings held on July 16, and August 6, and the Special City
Council meetings held on July 30, August 13, August 14, and August
15, as presented.
Motion: Emerson
Second: Farrier
Ayes: Emerson, Farrier, Hall, O'Brien, Fickes
Nays: None
Approved: 5-0 vote (Wilhelm was not in the room for the vote)
Agenda Item #3~ Mayor's Report
Mayor Fickes announced that Leadership Southlake is currently
looking for participants for the 1992 session. Applications are
available at City Hall or the Chamber of Commerce office. A number
of activities have come as the result of the Leadership group
including; Library Committee, Advocacy Programs and Keep America
Beautiful.
City Council Minutes
August 20, 1991
page two
Agenda Item #3~ City Manaqer's Report
The City Manager, Curtis E. Hawk indicated that the Department
Reports are in the packets and the Directors are present to answer
questions for Council.
Aqenda Item #5, Consent Aqenda
The Consent Agenda was presented, including:
ae
Interlocal Agreement with Tarrant County for
collection of Ad Valorum Taxes.
Be
Permission to advertise for bids for the relocation
of Texas N~tional Bank and construction of the
foundation for the building at the Bicentennial Park
site.
Award of bid for sewer improvements for the new
Carroll High School.
D. Change order #2 for the S-6 Sewer Project.
Motion was made to approve the Consent Agenda as presented.
Motion: Hall
Second: Farrier
Ayes: Hall, Farrier, Emerson, O'Brien, Fickes
Nays: None
Approved: 5-0 vote (Wilhelm was not in the room for the vote)
Agenda Item #6~ Public Forum
Charlie Broadaway, 600 Bentwood, Southlake. Mr. Broadaway
referenced the January 19, 1991, City Election, where 73% of the
votes were to defeat the tax increase. He alleged this should send
a message from the people that they are tired of taxes. He
expressed disappointment that Southlake is proposing a 1[ tax
increase. He asked Council what their long term goal for a tax
rate is for the City.
Cora Lee Brannon, 1365 Lakeview Drive, Southlake. Mrs. Brannon
thanked the Public Works Department for the "mirror" on Randol Mill
Drive, adding, it may save a life.
City Council Minutes
August 20, 1991
page three
Aqenda Item #7-A~ Ordinance No. 480-54~ 2nd reading (ZA 91-38)
Ordinance No. 480-54, is a zoning change request for a 10.212 acre
tract of land out of the J.J. Freshour Survey, Abstract No. 521,
southern portion of Tract 8Al. Current zoning is "AG"
Agricultural, with a request for "CS" Community Service zoning
district. Owners of the property are Herbert and Laura Sword.
The Zoning Administrator, Karen Gandy,
were sent to property owners within 200',
received two replies, opposing the action: Mrs.
Arlington and Rose Lee, Hillside Court,
received a reply from Mr. Kern, in favor of
conditions. On July 18, the Planning and
recommended approval of the action by a 5-0
reading
1991.
stated sixteen (16) notices
and to date she has
Frank resides in
Southlake. Gandy
the action, with
Zoning Commission
vote and the 1st
of the ordinance was approved by City Council on August 6,
The public hearing resulted with no comments from the audience.
Motion was made to approve the 2nd reading of Ordinance No.
Motion: Wilhelm
Second: Hall
480-54.
Mayor Flckes read the caption of the ordinance.
Ayes: Wilhelm, Hall,
Nays: None
Approved: 6-0 vote
O'Brien,
Emerson, Farrier, Fickes
Councilmember Ralph Evans arrived at 8:00 p.m.
Aqenda Item #7-B~ Ordinance No. 480-55~ 2nd readinq (ZA 91-39)
Karen Gandy, Zoning Administrator, introduced Ordinance No. 480-55,
a zoning change request for an 8.513 acre tract of land out of the
J.J. Freshour Survey, Abstract No. 521. Current zoning is "AG"
Agricultural, with a request for "SF-1A" Single Family-lA
Residential zoning district. Owners are Herbert and Laura Sword.
The notification of public hearing is the same as in Agenda Item
#7-A.
The public hearing resulted with no comments from the audience.
Motion was made to approve the 2nd reading of Ordinance No. 480-55.
Motion: Wilhelm
Second: Farrier
Mayor Flckes read the caption of the ordinance.
Ayes: Wilhelm, Farrier, Evans, O'Brien, Hall, Emerson,
Nays: None
Approved: 7-0 vote
Fickes
City Council Minutes
August 20, 1991
page four
Agenda Item #7-C~ Ordinance No. 540, 2nd readinq.
Obliqation
Certificates of
The City Manager, Curtis Hawk, noted that Ordinance No. 540
authorizes the Issuance of City of Southlake, Texas, Certificates
of Obligation, Series 1991. He added, Boyd London, with 1st
Southwest Company is present for the meeting to answer questions
for Council.
Motion was made to approve the 2nd reading of Ordinance No.
Motion: Wilhelm
Second: Evans
540.
Mayor Fickes read the caption of the ordinance.
Ayes: Wilhelm, Evans, ~arrier, O'Brien, Hall
Nays: None
Abstentions: Fickes and Emerson
Approved: 5-0-2 vote
Aqenda Item #8-A~ Ordinance No. 480-56~ 1st reading (ZA 91-42)
Ordinance No. 480-56, is a zoning change request for 10.02 acres
out of the B.J. Foster Survey, Abstract No. 519, Tracts lB1, lB2,
and lB3. Current zoning is "AG" Agricultural, with a request fo~
"RE" Residential Estate zoning district. Owner of the property is
Robert S. Pollard, M.D.
Mrs. Gandy, Zoning Administrator, noted that twelve (12) notices
were sent to property owners within 200' with no responses
received. She informed Council that Mr. Pollard has plans to place
a single family residence on this property for his own use.
John Levitt, Levitt Engineers, 726 Commerce, Suite
Southlake. Mr. Levitt was present representing Mr. Pollard.
104,
The public hearing resulted with no comments from the audience.
Motion was made to approve the
Motion: Hall
Second: Emerson
1st reading of Ordinance No.
480-56.
Mayor Flckes read the caption of the ordinance.
Ayes: Hall, Emerson,
Nays: None
Abstention: Farrier
Vote: 6-0-1 vote
O'Brien, Wilhelm,
Evans, Fickes
City Council Minutes
August 20, 1991
page five
Agenda Item #8-B, ZA 91-43~ Plat Showinq of B.J. Foster Addn.
This item is a plat showing for Lot 2, B.J. Foster No. 519
Addition, a 10.02 acre tract of land. Owner is Robert S. Pollard,
M.D.
The Zoning Administrator, Karen Gandy informed Council that the
revisions to the plat have been made and a copy is in the packets.
It was determined that no utility easements would be required on
the north and on the west property lines and a 7-1/2' utility
easements would be provided on the east and along the southern
portion of the property.
Greg Last, City planner described the two drainage easements being
required in the August 16, review letter item #2 and #3, and the
size of ~he easements. He'added, staff does not have a problem how
they propose the easement, so long as they do provide an easement,
should they need to deal with that drainage in the future.
John Levitt, Levitt Engineer, 726 Commerce, Suite 104, Southlake.
Levitt requests approval of the plat showing, noting the 35' wide
drainage easement would be acceptable to them. He asked for
approval of the plat showing, subject to staff and he agreeing on
either a 30' or 35' drainage easement. The 7-1/2' utility easement
on the south property line is an issue to them.
Greg Last indicated that staff is requesting the 7-1/2' utility
easement on the south property line.
Fred Joyce, an owner in Myers Meadows Addition, commented that the
only concern of the owners of the adjoining property is in regard
to the easement to the south.
Motion was made to approve
Foster, No. 519 Addition,
as follows:
ZA 91-43, plat showing for Lot 2, B.J.
subject to the August 16, review letter,
a)
item #1, #2, limited to drainage easement no wider than
35' but subject to approval by the city engineers,
of an alternate design.
b) item #3, #4, #5, deleting the requirement of a 7-1/2'
utility easement along the southern property line.
c)
Concurring with Planning and Zoning by eliminating the
need for a utility easement on the north and west
property lines.
Motion: Wilhelm
Second: Evans
Ayes: Wilhelm, Evans, O'Brien,
Nays: None
Abstention: Farrier
Approved: 6-0-1
Emerson, Hall, Fickes
City Council Minutes
August 20, 1991
page six
Agenda Item #8-C~ ZA 91-45. Plat Showing for Lot 3~ J.G. Allen
Addition
ZA 91-45, is a plat showing for Lot 3, J.G. Allen No. 18 Addition,
consisting of 3.18 acres of land. Current zoning on the property
is "CS" Community Service zoning district. Owner is Southlake
Church of Christ.
Karen Gandy, Administrator of Zoning noted the applicants did not
provide the amended plats. The Planning and Zoning Commission
recommended approval of the plat showing subject to the review
letter dated July 26, 1991, and addressed items #1-#7 and omitting
#8. The vote was 6-1 in favor.
Motion was made to approv9 ZA 91-45, plat showing, subject to items
#1-#8 in the July 26, 1991, review letter.
Motion: Wilhelm
Second: Emerson
Ayes: Wilhelm, Emerson, Farrier, Evans, O'Brien, Hall, Fickes
Nays: None
Approved: 7-0 vote
Agenda Item #8-D, Ordinance No. 541, 1st reading. Approving the
Revised FY 90-91 Budget and adopting the FY-91-92 Budget
City Manager, Curtis Hawk stated the ordinance being discussed,
will approve the 1st reading of the revised budget for FY 90-91 and
adopt the Annual Budget for FY91-92.
Mayor Pro Tem Rick Wilhelm asked that it be made clear that
the budget is still being discussed, and Ordinance No. 541 is
subject to change prior to 2nd reading.
Motion was made to approve Ordinance No.
Motion: Emerson
Second: Farrier
541, 1st reading.
Mayor Fickes read the caption of the ordinance.
Ayes: Emerson, Farrier, Hall, O'Brien,
Nays: None
Approved: 7-0 vote
Wilhelm, Evans, Fickes
Agenda Item #8-E~ Ordinance No. 542~ 1st reading. Adopting Tax
Rate.
The City Manager stated the public hearing on the tax rate and or
the budget will be held on August 27, and September 3. Ordinanc,
No. 542 is the 1st reading on the ordinance setting the tax rate
for FY 91-92.
City Council Minutes
August 20, 1991
page seven
Agenda Item #8-E~ Continued
Motion was made to approve
Motion: Farrier
Second: Emerson
1st reading of Ordinance No. 542.
Mayor Fickes read the caption of the ordinance.
Ayes: Farrier, Emerson, O'Brien, Hall, Evans,
Nays: Fickes
Approved: 6-1 vote
Wilhelm
Council went into recess at 9:00 p.m.
Council returned to open session at 9:15 p.m.
Agenda Item #10-AI Extension of Jogging Trail in Park by Dev. of
Oak Hills Subdivision and crediting fees.
Director of Public Works, Mike Barnes presented agenda item #10-A,
extention of jogging trail in the park by the developers of Oak
Hills Subdivision and crediting fees.
Motion was made to approve the one (1) mile jogging trail around
the park and that the cost be credited against Phase Ii.
Motion: Wilhelm
Second: Hall
Ayes: Wilhelm, Hall, O'Brien, Emerson, Farrier, Evans, Fickes
Nays: None
Approved: 7-0 vote
Agenda Item #ll-A~ Discussion: Sign Ordinance
Mike Barnes, Director of Public Works noted Eddie Wilson, Lee
Roberts and Greg Last have done a good job in putting together a
revised sign ordinance. He stated that tonight he is only
presenting a draft of the revised ordinance and it will be placed
on the Council agenda on September 3, for the 1st reading.
Agenda Item #ll-Bl Discussion: Proposed FY 91-92 Budget
The proposed FY 91-92 Budget was discussed.
Edwin Decker, 207 Inverness, Trophy Club, with the Roanoke Animal
Shelter was present and made a presentation in regard to having an
amount of $15,000 added to the budget for animal control. He asked
for a commitment to be made in the next couple of week. A copy of
the information presented in regard to the animal shelter is hereby
incorporated into the minutes of this meeting.
City Council Minutes
August 20, 1991
page eight
Aqenda Item ll-B~ Continued
Mayor Fickes volunteered to be a representative from Southlake in
regard to the Animal Shelter Program.
Lou Ann Heath, Director of Finance, presented additional
information in regard to the budget for Council, indicating the
suggested corrections have been made to the budget.
The Southlake Economic Development Council was discussed as was the
Building Improvements to the Fire Department.
It was announced that the next work session on the budget will be
August 27, 1991 at 7:30 p.m.
Agenda It'em #i-B~ Executive Session
Mayor Fickes stated, I hereby advise you that we are going into
executive session pursuant to Sections 2(e) 2(f) 2(g) of the Open
Meetings Act, to seek the advise of our City Attorney with respect
to pending and contemplated litigations, to discuss the purchase,
exchange, lease or sale of real property, and to consider the
appointment and evaluation of public officials.
Council went into executive session at 11:35 p.m.
Council returned to open session at 11:50 p.m.
Aqenda Item #1-C~ Action necessary on items discussed in Executive
Session
Motion was made to appoint Cathy Turner to serve on the Teen Court
Board.
Motion:
Second:
Ayes:
Nays:
Approved:
Wilhelm
Hall
Wilhelm, Hall, O'Brien,
None
7-0 vote
Emerson, Farrier, Evans, Flckes
Motion was made to approve Robert Dowdy and Cora Lee Brannon as
co-chairman of the Community Road Improvements Task Force.
Motion: Wilhelm
Second: Hall
Ayes: Wilhelm, Hall, Evans, Farrier, Emerson, O'Brien, Flckes
Nays: None
Approved: 7-0 vote
City Council Minutes
August 20, 1991
page nine
Agenda Item #12~ Adjournment
Motion was made to adjourn the meeting at 11:53 p.m.
Motion: Emerson
Second: Farrier
Ayes: Emerson, Farrier, Evans, O'Brien, Hall, Wilhelm, Fickes
Nays: None
Approved: 7-0 vote
ATTEST:
Sahdr.a L. LeGrand
City Secretary