1991-07-02 Regular CC Meeting City of Southlake, Texas •
CITY OF SOUTHLAKE, TEXAS
REGULAR CITY COUNCIL MEETING JULY 2, 1991
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 Regular Council Meeting
Agenda.
REGULAR SESSION: 7:30 P.M.
1. Call to order. Invocation.
2. Approval of the Minutes of the June 18, 1991, City Council
Meeting.
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.
5. Consider:
A. Change Order #1, City Hall Renovation Project.
REGULAR AGENDA
6. A. Public Forum.
7. Consider: Ordinances, second reading.
A. Ordinance No. 480 -49, 2nd reading (ZA 91 -30).
A zoning change request for 1.951 acres of land out of
the John Childress Survey, Abstract No. 253, Tracts
3, 3C, & 3D and a portion of Lot 13R, Block 2, Trail creek
Estates, Location: Between Trail Creek Addition and
Cross Timber Hills Addition on the West side of North
Peytonville Avenue. Current zoning is "AG" Agricultural
and "SF -1A" Single Family Residential and original
requested zoning of SF -1A. Amended request to be 1.728
acres of Agricultural only to be zoned to SF -1A (excluding
any portion of Lot 13R, Trail Creek Addition).
Owner: Arthur R. Janes.
Public Hearing.
City of Southlake, Texas
City Council Agenda
July 2, 1991
page two
B. Ordinance No. 480 -50, 2nd reading (ZA 91 -31)
A zoning change request for 6.337 acres out of the John
Childress Survey, Abstract No. 254, Tract 2. Current
zoning is "AG" Agricultural, with a request for "SF -1B ",
Single Family -1B residential. Location: North side of
Burney Lane, East of the intersection of North Carroll
Avenue and Burney Lane. Owner /Applicant: Burney Place
Joint Venture.
Public Hearing.
8. Consider: Ordinances, first reading and related items.
A. Ordinance No. 480 -51, 1st reading (ZA 91 -33)
A zoning change request for a 1.73 acre tract of land
out of the Thomas Mahan Survey, Abstract NO. 1049, being
legally described as Block A, Lot A, Briarwood Estates.
Location: Northeast corner of Cherry Lane and Highway
No. 114. Current zoning is "0-1" Office -1 zoning
district, with a request for "C -3" Commercial -3 zoning
district. Owner: James E. Byers; the applicant is Bruce
W. Fusselman, D.V.M.
Public Hearing.
B. Resolution No. 91 -32, (ZA 91 -34), A Specific Use Permit
for Kennel on Block A, Lot A, Briarwood Estates, Phase I.
Location: the Northeast corner of Cherry Lane and Highway
No. 114. Owner: James E. Byers; Applicant is Bruce W.
Fusselman, D.V.M.
Public Hearing.
C. Ordinance No. 480 -52, 1st reading (ZA 91 -35).
A zoning change request for 143.043 acres of land out
of the B.J. Foster Survey, Abstract No. 519 and the
W.R. Eaves Survey, Abstract No. 500. Location: North of
F.M. 1709, South of Cross Timber Hills, East of Randol
Mill Avenue, and West of North Peytonville Avenue.
Current zoning is "AG" Agricultural, with a request for
"P.U.D." Residential Planned Unit Development. Owner/
Applicant: Mary Stone Myers, Individual; Fred Joyce -Mary
Myers Enterprises, Inc.; The Estate of Audrey L. Stone,
Deceased, Kippy Myers, Independent Executor; The Estate
of A.C. Stone, Deceased, Mary Myers, Independent Excutrix;
Don Myers; Kippy Myers; and the Abbie Myers Trust, Mary
Stone Myers, Trustee.
Public Hearing.
City of Southlake, Texas
City Council Agenda
July 2, 1991
page three
D. Ordinance No. 480 -53, 1st reading (ZA 91 -36)
A zoning change request for 0.48 acres out of the
Francis Throop Survey, Abstract No. 1511, Tract 4B1.
Current zoning is "C -2" Commercial -2 with a request
for "SF -20B" Single Family -20B Residential zoning
district. Location: South of the intersection of N.
Carroll Avenue and Dove Road, at 2105 N. Carroll Avenue.
Owner /Applicant: Jerre H. Harrell.
Public Hearing.
9. Consider: Resolutions (no items for consideration on this
agenda)
10. Other items for consideration. (no items for consideration on
this agenda)
11. Other items for discussion. (no items for discussion on this
agenda).
12. Executive Session
Pursuant to the Open Meetings Act, Article 6252 -17 V.T.C.A.
Section 2(e) 2(f) 2(g). Refer to posted list.
A. Discussion: Pending or contemplated litigation.
(Refer to posted list).
B. Discussion: Appointment and Evaluation of Public
Officials. (Refer to posted list)
C. Discussion: Land Acquisition.
D. Return to Open Session.
13. Consider:
A. Action necessary in regards to pending or contemplated
litigation (Refer to posted list)
B. Action necessary in regards to appointment and evaluation
of public officials (Refer to posted list)
C. Action necessary in regards to Land Acquisition.
City of Southlake, Texas
City Council Agenda
July 2, 1991
page four
14. Consider: Resolutions ( no items for this agenda)
15. Meeting Adjourned.
I hereby certify that the above agenda was posted on the official
bulletin boards at city hall, 667 North Carroll Avenue, Southlake,
AM
Texas, on Friday, June 28, 19 91 at 5:00 p . m . , pursuant to the Open
Meeting Act, Article 6252 -17, V.T.C.A.
4 , 1 1'Zit 7 ( ili•
Sandra L. LeGrand / '`� 0 .rt"
City Secretary ��I" 'owl
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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
public officers or employees, including the City Manager, City
Secretary, City. Attorney, 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. Ray L. Whitmore, Louis Messina and Marie J. Robinson V.
City of Southlake, 1980.
2. Russell Sivey v. City of Southlake. September, 1989.
CONTEMPLATED LITIGATION
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. Southlake Park Services Inc.
9. Garrett Claim.
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 5/17/91
CITY OF SOUTHLAKE
667 N. Carroll Avenue
REGULAR CITY COUNCIL MINUTES
July 2, 1991 7:30 p.m.
COUNCILMEMBERS PRESENT: Mayor,
Wilhelm. Members: Mike O'Brien,
W. Ralph Evans.
Gary Fickes; Mayor Pro Tem Rick
Barry Emerson, Jerry Farrier, and
COUNCILMEMBER ABSENT: Deputy Mayor Pro Tem Sally Hall
CITY STAFF PRESENT: Curtis E. Hawk, City Manager; Billy Campbell,
Director of Public Safety; Michael Barnes, Director of Public
Works; Lou Ann Heath, Director of Finance; Karen Gandy, Zoning
Administrator; Greg Last, City Planner; Don Wilson, Fire Chief;
Eddie Cheatham, City Engineer; Wayne Olson, City Attorney; and,
Sandra L. LeGrand, City Secretary.
INVOCATION:" Councilmember W. Ralph Evans.
A Work Session was called to order at 6:30 p.m. where
Councllmembers and staff present reviewed the agenda items for
tonight's meeting.
The Regular City Council meeting was called to order at 7:30 p.m.
by Mayor Gary Fickes.
Aqenda Item #2, Approval of the Minutes
The Minutes of the June 18, 1991, City
approved as corrected in work session.
Motion: Wilhelm
Second: Emerson
Ayes: Wilhelm, Emerson, O'Brien, Farrier,
Nays: None
Approved: 6-0 vote
Council meeting were
Evans, Fickes
Aqenda Item 93, Mayor's Report
Mayor Fickes thanked Mr. Joe Pipes, Pipes Plant Farm, Southlake,
for donating the plants that are now being planted around City
Hall.
The Mayor informed the audience that the Park and Recreation Board
will be holding their regular meeting on July 8, at 7:00 p.m., in
the City Council chambers of City Hall. The Consultants who are
preparing the Park Master Plan will be making a presentation at
that time. On July 9, at 7:00 p.m., Council will be having a
public meeting in regard to a community road improvements task
force, formed to study street and thoroughfare facilities and
related issues in the City.
City Council Minutes
July 2, 1991
page two
Aqenda Item #3~ Continued
The City is participating with the City of Grapevine for Library
services and the City funded $10,000 to go toward the purchase of
books. The Friends of the Southlake Library donated $5,000 to go
with the $10,000 from the City.
Aqenda Item #4, City Manaqer's Report
The City Manager did not have comments during this item.
Aqenda Item #5-A Consent Aqenda
The consent agenda consisted of the following item:
5-A. Change Order #1, Eity Hall Renovation Project.
Motion was made to approve Agenda Item #5-A as described above.
Motion: Wilhelm
Second: Emerson
Ayes: Wilhelm, Emerson, O'Brien, Farrier, Evans, Fickes
Nays: None
Approved: 6-0 vote
Aqenda Item # 6-A, Public Forum
Victor Boswell, Lot 19, Trout Lane, West Beach Addition. Mr.
Boswell asked the City Council to negotiate for a compromise in
regard to his request for a Certificate of Convenience and
Necessity (CCN). Mr. Boswell stated he has responded to the
questions and the City should receive them in a day or so. Boswell
asked for recycling bins. He commented on the roads in the West
Beach Addition. He stated he has maintained the roads for years,
but would like help from the City now. He asked what the City does
with their tax money, and claimed they do not get any services. He
asked if there had been discussions in regard to making West Beach
into a mobile home park.
Willie Mae Carter, Rt 5 Box 39A, West Beach Addition. Ms. Carter
stated her house burned down and she alleged the City will not let
her rebuild and therefore, she cannot have permanent electricity.
She needs a fan, lights, and a refrigerator. She would like to
move in a house. She stated she feels that somebody else wants the
property and that is why the City is being hard on the folks in
West Beach.
Mayor Fickes suggest the City Manager get with Ms. Carter and
figure out someway that she can get a house moved in which
will be up to code, where she can get electricity on a
permanent basis.
City Council Minutes
July 2, 1991
page three
Aqenda Item #6, Continued
Peter Sporrer, 1214 Woodsey Court, Southlake. Mr. Sporrer
questioned the weed ordinance which is being proposed. He feels
it is the property owners responsibility to cut their weeds.
Aqenda Item #7, Ordinance No. 480-49, 2nd readinq. (ZA 91-30)
Mr. Phillip Mummert, owner of the property requested this item be
tabled, time certain, July 16, 1991.
Motion was made to table Ordinance No. 480-49, 2nd reading,
continue the public hearing, at the request of the owner.
Motion: Emerson
Second: Farrier
Ayes: Emerson, Farrier, Evans, O'Brien, Wilhelm, Flckes
Nays: N6ne
Approved: 6-0 vote (to table)
and
Aqenda Item #7-B, Ordinance No. 480-50, 2nd readinq (ZA 91-31)
Ordinance No. 480-50, 2nd reading, (ZA 91-31), is a zoning change
request for 6.337 acres out of the John Childress Survey, Abstract
No. 254, Tract 2. The current zoning is "AG" Agricultural, with a
request for "SF-1B" Single Family-lB Residential zoning district.
Owner/applicant is Burney Place Joint Venture.
Karen Gandy, zoning administrator noted that SF-1B has been amended
to SF-1A during the 1st reading. Mrs. Gandy reported that she
received one (1) reply in favor, from John E. Pruitt, 1115 Harbor
Retreat; and one (1) reply opposing the request from Mr. and Mrs.
DeSena, 1090 Burney Lane. On June 6, 1991, the Planning and Zoning
Commission approved the request by a 5-0 vote, with the applicant
agreeing to deed restrict the property to 1,800 square feet.
The public hearing resulted with no comments from the audience.
Motion was made to approve Ordinance No. 480-50, with the upgrade
of zoning to "SF-1A" Single Family-lA zoning district.
Motion: Wilhelm
Second: Emerson
Mayor Fickes read the caption of the ordinance.
Ayes: Wilhelm, Emerson, Farrier,
Nays: None
Approved: 6-0 vote
Evans, O'Brien, Fickes
City Council Minutes
July 2, 1991
page four
Aqenda Item #8-A, Ordinance No. 480-51, 1st readinq (ZA 91-33)
Ordinance No. 480-51, 1st reading, is a zoning change request for a
1.73 acre tract of land out of the Thomas Mahan Survey, Abstract
No. 1049, being legally described as Block A, Lot A, Briarwood
Estates. Current zoning is "O-1" Office-1 Zoning District, with a
request for "C-3" Commercial-3 zoning district. Owner is James E.
Byers and the applicant is Bruce W. Fusselman, D.V.M.
Zoning Administrator, Karen Gandy, reported that the land use plan
indicates Mixed Use (Commerical/Residential, and no Industrial) for
that area. Four (4) notices were sent to property owners within
200', and two (2) favorable responses were received; Donald A.
Hall and Superior Homes, Inc.
Dr. Bruce Fusselman was present to answer questions for Council,
stating he proposes a veterinary clinic with hospitalization and
boarding of small animals.
The public hearing resulted with no comments from the audience.
Motion was made to approve Ordinance No. 480-51,
Motion: O'Brien
Second: Farrier
1st reading.
Mayor Flckes read the caption of the ordinance.
Ayes: O'Brien, Farrier, Evans,
Nays: None
Approved: 6-0 vote
Wilhelm, Emerson, Flckes
Aqenda Item #8-B, Resolution No. 91-32. Specific Use Permit
Resolution No. 91-32, a request for Specific Use Permit for a
Kennel on Block A, Lot A, Briarwood Estates, Phase I. Owner:
James E. Byers; Applicant is Bruce W. Fusselman D.V.M.
Karen Gandy, Zoning Administrator, noted that on June 20, 1991, the
Planning and Zoning Commission recommended approval of the request
subject to the June 14, 1991 plan review summary. Gandy noted the
property is located in the 65 Ldn noise contour.
Motion was made to approved Resolution No. 91-32, Specif£c Use
Permit for a Kennel, subject to the review summary dated June 27,
1991.
Motion: Farrier
Second: Evans
Mayor Fickes read the caption of the Resolution.
Ayes: Farrier, Evans, Emerson, Wilhelm, O'Brien, Fickes
Approved: 6-0 vote
City Council Minutes
July 2, 1991
page five
Aqenda Item #8-C, Ordinance No. 480-52, 1st readinq (ZA 91-35)
Ordinance No. 480-52, is a zoning change request for a 143.043 acre
tract of land out of the B.J. Foster Survey, Abstract No. 519, and
the W.R. Eaves Survey, Abstract No. 500. Current zoning is "AG"
Agricultural, with a request for "P.U.D." Planned Unit
Development. Owner/applicant: Mary Stone Myers, Individual; Fred
Joyce-Mary Myers Enterprises, Inc.; The Estate of Audrey L. Stone,
Deceased; Kippy Myers, Independent Executor; The Estate of A.C.
Stone, Deceased; Mary Myers, Independent Executris; Don Myers;
Klppy Myers; and the Abbie Myers Trust, Mary Stone Myers, Trustee.
Mrs. Gandy noted twenty-two (22) letters were sent to property
owners with 200' and she received replies from eight (8) property
owners, opposing the reque@t. Including: Scott Morrison, Linda
Norman, Roger Bower, John Gerken, Deborah Farrier, Steven Baker,
Thomas Trawick, Anthony Scott.
On June 20, 1991, the Planning and Zoning Commission recommended
approval of the PUD with the concept plan, subject to the June 14,
1991 review summary and other items as listed in the P&Z minutes of
June 20, 1991.
Fred Joyce, 455 Randol Mill Road, Southlake. Mr. Joyce stated he
is an owner of a portion of the proposed addition, adding that the
property has been in the family for twenty-six (26) years. He
sited the reason for the development being planned at this time is
to sell the property with the proceeds going toward taxes. The
owners look at the Goode Airport as being the most serious
problem. The other problem associated with the property is sewer.
Public Hearinq
Marty Morgan, 1349 LakeView, Southlake. Mr. Morgan stated his
family is the original developer of Cross Timber Hills. He
feels by approving this development, would be setting precedent for
tract builders to come in and develop when you reduce the lot sizes
and lot prices. He appreciates some of the problems with the air
field, however, Council needs to keep the lot sizes up. People
come to Southlake for more room. As a builder, he would like to
see consistancy.
Jim Martin, 894 Randol Mill Road, Southlake. Mr. Martin is
interested in sewer and drainage. There is a big problem in the
Randol Mill area, with a lot of water that isn't needed.
City Council Minutes
July 2, 1991
page six
Aqenda Item #8-C, Continued
John Gerkin, 1386 LakeView, Southlake. Mr. Gerkin stated he has
some concerns. Mr. Joyce came to his home to try and work out
those concerns. He is trying to take an interest and he wants to
know what "PUD" means. He stated he was lectured in P&Z meeting by
Joe Wright, about a "concept" plan. He does not know how to get
comfortable with this concept and he does not know what it does for
him and for the community. He feels there is some work that needs
to be done on this property. He feels this meets the minimum
standards for a PUD and it is not consistent with the way Southlake
is developing.
Donna Baker, 1335 Meadow Glen, Southlake. Mrs. Baker stated she
feels the subdivision should start at one (1) acre lots and go in
ward with smaller lots. She is also concerned about the roads.
Dr. Robert Pollard, 508 San Juan Court, Irving. Dr. Pollard owns a
ten (10) acre tract of land on Peytonville Avenue. He wants to
live in Southlake the rest of his life because it is near the
hospitals where he works. He asked City Council to award him the
same concessions as those in Cross Timber Hills. He feels that PUD
is not for this property. Single Family-20 is far more appropriate
for this addition. If the PUD is approved, he asked City Council
to increase the lot sizes.
Dave Steele, 1369 Cross Timber Hills, Southlake. Mr. Steele is
concerned with the direction he sees with this new development. It
is a matter of economics. He asked for a vote against PUD.
Public Hearing Closed.
Mayor Fickes asked Mr. Joyce to do some more work on the lot sizes,
implementing the community concerns.
Fred Joyce asked that this agenda item be tabled for two weeks so
they can do more work on the plan. They have not tried to slight
the process, and are willing to try and implement the citizens
concerns on this proposed subdivision.
Mayor Pro Tem Wilhelm listed some of his concerns, so that Mr.
Joyce will have some idea of what is expected of him.
Buffer area with Cross Timber Hills, the Ordinance
requires 30,000 square feet.
b) Minimum lot size 15,000 square feet.
c) Development site plan is the answer as City Council can
see what they will get with the ultimate development.
City Council Minutes
July 2, 1991
page seven
Aqenda Item #8-C, Continued
d) Concerned about City Council concept of a PUD.
e)
Rear yard set backs going down to 25' A development site
plan will allow working out some of the minimums.
f) He feels this is lacking the aesthetics.
Motion was made to table the PUD, time certain July 16, in order to
give the owners more time.
Motion: Farrier
Second: Evans
Ayes: Farrier, Evans, O'Brien, Wilhelm, Emerson, Flckes
Nays: None
Approved: 6-0 vote (to tab~e)
Council adjourned for recess at 9:30 p.m.
Council returned to open session at 9:40 p.m.
Aqenda Item #8-D, Ordinance No. 480-53, 1st readinq (ZA 91-36)
Ordinance No. 480-53 is a zoning change request for 0.48 acre out
of the Francis Throop Survey, Abstract No. 1511, Tract 4B1.
Current zoning is "C-2" Commercial-2, with a request for "SF-20B"
Single Family-20B Residential Zoning District. Owner/applicant is
Jerre H. Harrell.
Karen Gandy, Zoning Administrator, noted that the applicant has had
her property up for sale for a year with no responses. On June 20,
1991 the Planning and Zoning Commission did recommend approval of
this request, by a 7-0 vote. Mrs. Herrell stated she has plans to
do some internal remodeling which will not change the outside of
the structure in anyway. There is an existing septic system on the
property which is operational.
Mayor Pro Tem Wilhelm stated it is his understanding that this is
an existing use and therefore, has an existing septic system on the
property and that the rezoning of the property into an SF-20, is
not to create a precedent for any other new SF-20 zoning's that are
not currently being used at the time for some other use.
The public hearing resulted with no comments from the audience.
Motion was made to approve Ordinance No. 480-53, 1st reading
Motion: O'Brien
Second: Emerson
Mayor Fickes read the caption of the ordinance.
Ayes: O'Brien, Emerson,
Nays: None
Approved: 6-0 vote
Farrier, Evans,
Wilhelm, Fickes
City Council Minutes
July 2, 1991
page eight
Aqenda Item #12, Executive Session
Mayor Fickes announced that City Council
executive session at this time, pursuant to
Article 6252-17 V.T.C.S. at 9:48 p.m.
would be going into
the Open Meetings Act,
Council returned to Open Session at 10:07 p.m.
Aqenda Item #13-At Action Necessary/Lltiqations
No action was taken during this agenda item as the result of the
executive session.
Aqenda Item #13-B, Action Necessary/Public Officials
Motion was made to appoint Laura Denman as the Court Clerk
Ordinance No. 522, as recom~ended by the City Manager.
Motion: Farrier
Second: Emerson
Ayes: Farrier, Emerson, Evans, O'Brien, Wilhelm, Fickes
Nays: None
Approved: 6-0 vote
under
Aqenda Item #13-C, Action Necessary/Land Acquisition
No action was necessary as the result of the executive session in
regard to Land Acquisition.
Aqenda Item #14, Resolutions/no items for this aqenda
Aqenda Item #15, Adjournment
Motion was made to adjourn the meeting at 10:08 p.m.
Motion: Emerson
Second: Evans
Ayes: Emerson, Evans, Farrier, O'Brien, Wilhelm, Fickes
Nays: None
Approved: 6-0 vote
ATTEST:
Sandra L. LeGrand
City Secretary