1997-09-16CITY OF SOUTHLAKE, TEXAS
667 NORTH CARROLL AVENUE
REGULAR CITY COUNCIL MEETING
SEPTEMBER 16, 1997
MINUTES
COUNCILMEMBERS PRESENT: Mayor Rick Stacy; Mayor Pro Tem W. Ralph Evans;
Deputy Mayor Pro Tern David Harris. Members: Scott Martin, Gary Fawks, Pamela Muller and
Wayne Moffat.
STAFF PRESENT: Curtis E. Hawk, City Manager; Shana Yelverton, Assistant City Manager;
Darcey Imm, Assistant to the City Manager; Lou Ann Heath, Director of Finance; Bob
Whitehead, Director of Public Works; Ron Harper, City Engineer; Sbawn Poe, Capital Projects
Coordinator; Paul Ward, Building Official; Greg Last, Director of Community Development;
Karen Gandy, Zoning Administrator; Klm Lenior, Director of Parks and Recreation; Ben Henry,
Park Plan and Construction Superintendent; Billy Campbell, Director of Public Safety; Johnny
Knight, Deputy Director of Public Safety, Communications; Gary Gregg, Deputy Director of
Public Safety, Police Services; Garland Wilson, Deputy Director of Public Safety, Fire Services
Division; Kevin Hugman, Manager of Community Services; Shelli Siemer, Community Services
Coordinator; E. Allen Taylor Jr., City Attorney; and, Sandra L. LeGrand, City Secretary.
WORK SESSION: The work session was held to discuss agenda items by Council and staff.
INVOCATION: Mayor Pro Tem W. Ralph Evans.
The Regular City Council meeting was called to order at 6:30 p.m., by Mayor Rick Stacy.
Agenda Item//2-A. Executive Session
Mayor Rick Stacy advised the audience that Council would be going into executive session
pursuant to Chapter 551 of the Texas Government Code, Section 551.071, 551.072, 551.074,
551.076 of the Open Meetings Act, to seek the advice of the 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, and regarding the deployment of
specific occasions for implementation of security personnel or devices.
Council adjourned into executive session at 6:30 p.m.
Council returned into executive session at 7:00 p.m.
Agenda Item #2-B. Action Necessary/Executive Session
No action was necessary as the result of the executive session.
Agenda Item #3. Anproval of the Minutes of City Council Meetings.
Motion was made to approve the minutes of the September 2, 1997 Regular City Council meeting.
Motion: Harris
Second: Muller
Ayes: Harris, Muller, Fawks, Evans, Martin, Moffat, and Stacy
Nays: None
Approved: 7-0 vote
Motion was made to approve the minutes of the Special City Council meeting held on September
9, 1997.
Motion: Harris
Second: Muller
Ayes: Harris, Muller, Moffat, Martin, Fawks, Harris, Stacy
Nays: None
Approved: 7-0 vote
Agenda Item #4. Mayor's Renort
Mayor Rick Stacy welcomed everyone present for the City Council meeting. The following items
were reported:
Assistant City Manager Shana Yelverton reported on "Night on the Town--in Southlake."
She noted, it will be held on September 27, 1997, from 6:00 p.m. to 10:00 p.m. at the
Town Square site. The event will feature an "open house" and display of Southlake
Town Square; ground breaking ceremony; buffet dinner by Mi Cocina; history of
Southlake and live music and entertainment. Seating is limited so call today for
reservations or more information.
Mayor Pro Tem Ralph Evans reported on the Mayor's Ad Hoc Committee for the Ethics
Ordinance Review stating the committee met on September 10 and their next meeting will
be held on October 8, 1997. Evans stated the committee may be ready to make a
presentation to the City Council in October.
Shelli Siemer, Community Services Coordinator reported on "Make a Difference Day"
in Southlake, adding that the City is looking for volunteers in the community for a
renovation project for the furore Senior/Adult Activity Center. The project will begin on
"Make A Difference Day," a national volunteer day, during the weekend of October 25,
REGULAR CITY COUNCIL MEETING MINUTES SEPTEMBER 16, 1997 PAGE 2 OF 22
1997, and continue through subsequent weekends to complete the project. Due to limited
funds, the success of the project depends on volunteer labor and donated materials. Ms.
Siemer noted, if anyone has a business and is interested in helping the city's senior
citizens, please contact her.
Mayor Stacy reported on the ribbon cuffmg and open house which will be held on Sunday,
September 21, 1997 from 2:00 p.m. to 4:00 p.m. The dedication ceremony will be held
at 3:00 p.m. at Robert H. Rockenbaugh Elementary School, 301 Byron Nelson Parkway,
Southlake.
A Commercial Developers Round Table will be held on September 26, 1997 at 9:00 a.m.
in the City Council Chambers of City Hall. For more information contact Kate Barlow,
Economic Developmem Coordinator.
Mayor Stacy reported the band booster's 28th annual auction for Carroll High School will
be held on October 4, 1997, with h'unself serving as auctioneer.
Mayor Stacy read a proclamation procla'aning Yukiko Yamazaki as "Honorary citizen of
Southlake, Texas." Stacy thanked Yukiko, a resident from our Sister City in Toyoma, Japan,
for her volunteer work and contributions to the City of Southlake during her three month visit
from June 21 through September 17, 1997. He added, "the City of Southlake is honored to have
hosted and worked with Ms. Yamazaki. We greatly appreciate the fane she devoted to our
community teaching us more about the history, customs, and traditions of Toyoma." Mayor
Stacy recognized her brother and sister, Satoshi Yamazaki and Kyoko Yamazaki for visiting our
city as well.
Agenda Item #4-B. City Manger's Report
City Manger, Curtis Hawk, noted on September 23, 1997 from 5:30 to 8:30 p.m. the 1997
Leadership Southlake Program class will meet in the City Council Chamber at City Hall. The
program is sponsored by the City of Southlake and the Chamber of Commerce, for the purpose
of encouraging the citizens to become involved with the City. The three month long program has
twenty-four (24) members this year.
Agenda Item #4-C SPIN Report
Katie Holtzgrafe, Youth Representation for the SPIN Program, was present and made the
presentation, noting she has been the youth representative since the beginning of the SPIN
Program. She stated she will continue to serve until December.
Agenda Item #4-D. Park and Recreation Board Report
Doug Fierce, Park Board member. Mr. Fierce stated the Park Board is currently looking for
more land to purchase for parks. He noted the Park Board is in the process of master planning
REGULAR CITY COUNCIL MEETING MINUTES SEPTEMBER 16, 1997 PAGE $ OF 22
three small parks. Fierce stated that next Thursday the Park Board will be meeting with SPIN.
Agenda Item #5. Consent Agenda
The consent agenda items consisted of the following items:
5-A. Interlocal agreement for funding of the Teen Court Program with the cities of Southlake,
Colleyville, Grapevine, Town of Trophy Club, the Carroll Independent School District,
and the Grapevine/Colleyville Independent School District.
5-B. Award of bid for the Department of Public Safety prevention and education building.
5-C. Authorize the mayor to execute a contract for reconstruction improvements to Dove Street
from the city limits to Shady Oaks Drive.
5-D. Award of bid for the 12qnch water line improvements on Kirkwood Boulevard.
5-E, Authorize the mayor to enter into an agreement with Maguire Thomas Partners for water
system improvements on Kirkwood Boulevard.
5-F, Award of bid for a portable stage for the Parks and Recreation Department.
5-G. Resolution No. 97-62, Setting the procedures for the November 4, 1997 Special Election
for a non-binding referendum for a city hall site and a Crime Control and Prevention
District.
5-H. Adopting Crime Control and Prevention District Plan and Budget.
8-A. ZA 97-104, Plat Showing of Lots 7 & 8, O.W. Knight No. 899 Addition.
8-C. Ordinance No. 480-257, 1st reading (ZA 97-115), Rezon'mg and Concept Plan for an
elevated water storage tank on Lot 3, Block 1, Miron Addition.
8-D. Ordinance No. 480-258, 1st reading (ZA 97-116), Rezoning and Concept Plan for the City
of Southlake Ground Water Storage and Pump Station No. 2 on property described as
3.446 acres in the Wilson Medlin Survey, Abstract No. 1588.
8-E. ZA 97-117, Preliminary Plat for Lots 1 & 2, Block 1, City of Southlake Ground Water
Storage and Pump Station No. 2.
8-F. Ordinance No. 680, 1st reading, Abandoning a portion of City right-of-way located on
Sonthlake Park Road East.
REGULAR CITY COUNCIL MEETING MINUTES SEPTEMBER 16, 1997 PAGE 4 OF 22
10-A. Request for a variance to the Sign Ordinance No. 506-B, for Specialized Products
I
Company located at 1100 South Kimball Avenue.
10-B. Authorize the letter agreement between the City of Southlake and City of Grapevine for
improvements on SH 26 pertaining to the Energy Access Project.
On consent agenda item g5-B, Director of Public Safety Billy Campbell
enlightened the audience on the fire prevention and crime prevention house
and stated the unit deals with teaching children how to get out of a fire
situation in buildings. The unit was purchased in part through the
donations of $8,000 from the Southlake Women's Club. Campbell noted
the "fire house" will be an educational tool for the entire community.
Mayor Stacy commented that agenda item g7-D will not be discussed tonight but the City Council
meeting will be continued on September 23, 1997 at 5:00 p.m. for continuation of the public
hearing for that item. He also noted on agenda item g7-H, that this item will not be brought back
until spring.
Motion was made to approve the consent agenda consisting of the following items: g5-A, g5-B,
g5-c, g5-D, incorporating the letter presented tonight by Maguire Thomas dated September 16,
1997; g5-E, g5-F, g5-G, g5-H, g8-A, incorporating staff review letter dated September 12, 1997;
g8-c, incorporating staff review letter dated September 12, 1997; g8-D, incorporat'mg staff review
letter dated September 12, 1997, waiving item g3; g8-E, incorporating staff review letter g2 dated
September 12, 1997; g8-F, gl0-A, gl0-B.
Motion: Harris
Second: Evans
Mayor Rick Stacy read the caption of Ordinance No. 480-257 (ZA 97-115); Ordinance
No. 480-258 (ZA 97-116); and Ordinance No. 680, as required by the Charter.
Ayes: Harris, Evans, Fawks, Muller, Moffat, Martin, Stacy
Nays: None
Approved: 7-0 vote
ADDITIONAL INFORMATION ON CONSENT ITEMS:
Interlocal Agreement for funding of the Teen Court Program with the cities of Southlake,
Colleyville, Grapevine, Town of Trophy Club, the Carroll ISD and the
Grapevine/Colleyville ISD. This past year there have been three major changes in the
Metroport Teen Court program which include the hiring of a new Teen Court Coordinator
after the promotion of Sean Leonard to Court Administrator; the incorporation of the
Town of Trophy Club and the increase of the programs caseload from 470 participants in
FY 95-96 to almost 600 defendants this fiscal year. Next year's program will see even
more changes including the addition of a Teen Attorney Bar Association and the hosting
of the Texas Teen Court Conference. The proposed Teen Court Budget for Fiscal Year
REGULAR CITY COUNCIL MEETING MINUTES SEPTEMBER 16, 1997 PAGE $ OF 22
5-8.
1997-98 is fifty-four thousand six hundred and nine dollars ($54,609.00) This mount
includes the standard salary step/grade increase of the Teen Court Coordinator ( a total
personnel increase of approximately four percent (4%) from the previous year) and a
twelve percent (12%) operations and maintenance increase. In order to curtail costs and
to keep the budget as lean as possible, the Teen Court Program has requested no monies
for capital purchases or improvements for the upcoming fiscal year.
Award of bid for the Public Safety Prevention and Education Building. There are only
three manufacturers for this type of facility in the United States that the City is aware of
and specifications were mailed to those companies. All standard procedures were followed
as outlined in the Purchasing Guide for the City of Southlake, and one written bid was
received. Staff recommends that We Care Company be awarded the bid for the
construction of the building. Their bid was $42,973, with no exceptions to our
specifications. This amount is well within the budgeted funds, combined with private
donations.
Authorize the Mayor to execute a contract for reconstruction improvements to Dove Street
from the city limits to Shady Oaks Drive. The project is for reconstruction improvements
of Dove Street from the city limits to Shady Oaks Drive. These improvements include
restabilization and compaction with a 2-inch asphalt surfacing (base bid). An alternative
will allow for the upgrade of the culvert to carry the calculated ultimate flow in the creek.
The low bidder is Sunmount Corporation with a total bid of $298,397. This bid includes
a base bid of $195,397. And the alternative bid of $103,000. The alternative bid (alternate
4) provides for the replacement of a culvert under Dove Street located west of Shady Lane
compared to alternate 3 at $66,000 to extend the existing undersized culverts. With the
rebid the total cost of the project, using alternate 4, was reduced by $12,835. Funding for
this project is provided for in the 1996-97 Budget in the amount of $222,680. An
additional $37,000 is available from the Critical Drainage Structure Fund. The difference
between available funding and the low bid is $38,717. This difference will be funded by
the Bond Fund or Street Impact Fee Fund. Staff recommends award of contract for
reconstruction improvements to Dove Street from the city limits to Shady Oaks Drive, to
low bidder Sunmount Corporation in the amount of $298,397.00.
Award of bid for 12-inch water line improvements on Kirkwood Boulevard. The City of
Southlake is currently considering an agreement with Maguire-Thomas Partners for the
extension of a water line to the IBM complex at Solana. This proposed water line would
eventually replace the water service they currently receive from Trophy Club MUD.
MTP/IBM has agreed to provide necessary easements and letter of agreement for this
project. The low bidder for this project is Saber Development Corporation with a base bid
of $233,708.75. Funding is provided for this project in the 1996-97 Bond Fund. The
original funding was for $200,000. With the change in alignment and the special valve to
provide an automatic opening valve to the Trophy Club line in case of failure in the 12-in
water line, the low bid is $233,708.75. The difference of $33,708.75 will be taken from
REGULAR CITY COUNCIL MEETING MINUTES SEPTEMBER 16, 1997 PAGE 6 OF 22
the bond fund.
Agreement with Magnire-Thomas Partners for water system improvements on Kirkwood
Boulevard. To accomplish this a proposed 12-inch water line will be installed along the
proposed Kirkwood Boulevard. It will extend from Dove Street to the exist'rog Kirkwood
Boulevard across Maguire-Thomas Partners/IBM property. Staff recommends the City
Council authorize the Mayor to enter into the agreement.
Resolution No. 97-52, authorizes the submission of a non-binding referendum for the
purpose of submitting to the voters approval of the Town Center as the site for the future
city hall; and, authorizing the City Secretary to conduct, on behalf of the temporary board
of directors of the Southlake Crime Control and Prevention District, an election for the
purpose of determining whether the district should be created; determining the dates for
early voting; determining the procedures related to the election. Resolution No. 97-52
was approved by the City Council.
ZA 97-104, Plat Showing of Lots 7 & 8, O.W. Knight No. 899 Addition, being
approximately 3.99 acres situated in the O.W. Knight Survey, Abstract No. 899, and
being Tract 2B1. Current zoning is "AG" Agricultural District. Applicant: Brad
Barrington. Owner: Sandra Kay Talley. SPIN Neighborhood #10.
Ordinance No. 480-257, 1st reading (ZA 97-115), Rezoning and Concept Plan for an
Elevated Water Storage Tank, on property legally described as being a portion of Lot 3,
Block 1, Miron Addition, an addition to the City of Southlake, Tarrant County, Texas,
according to the plat recorded in Cabinet A, Slide 1252, Plat Records, Tarrant County.
1.5 acres. Current zoning is "B-l" Business Service Park District, with a requested
zoning of "CS" Community Service District. Owner and Applicant: City of Southlake.
Ordinance No. 480-258, 1st reading (ZA 97-116), Rezoning and Concept Plan for the City
of Southlake Ground Water Storage and Pump Station No. 2 on property legally described
as being approximately 3.446 acres situated in the Wilson Medlin Survey, Abstract No.
1588, and being a portion of Tract 3. Current zoning is "AG" Agricultural District with
a requested zoning of "CS" Community Service District. Applicant: Cheatham &
Associates. Owner: City of Southlake.
ZA 97-117, Preliminary Plat for Lots 1 & 2, Block 1, City of Southlake Ground Water
Storage and Pump Station No. 2, legally described as being approximately 7.799 acres
situated in the Wilson Medlin Survey, Abstract No. 1588, and being Tract 3. Current
zoning is "AG" Agricultural District. Applicant: City of Southlake. Owner: Fred Paul
Elliott.
8-F. Ordinance No. 680, 1st reading, Abandoning a portion of City right-of-way located on
Southlake Park Road East.
REGULAR CITY COUNCIL MEETING MINUTES SEPTEMBER 16, 1997 PAGE 7 OF 22
IO-A.
Requested variance to the Sign Ordinance No. 506-B, for Specialized Products Company
located at 1100 South Kimball Avenue. The variance relates to two businesses, Specialized
Products and Pulsetech, located in the building at the comer of South Kimball Avenue and
S.H. 26. Mr. Diebold is requesting an additional attached sign that would face S.H. 26
from this location in Heritage Industrial Park. The proposed additional sign has the
"Specialized Products" name with letters 30 inches in height. This sign is the same as the
current sign facing S. Kimball Avenue. This building does not front on S.H. 26 as there
is a railroad right-of-way between the building and the street. Staff recommends granting
the request.
10-B.
Letter of agreement between the City of Southlake and the City of Grapevine providing
for improvements on S.H. 26 pertaining to the energy access project. During the meeting
with the City of Grapevine, Ultramar Diamond Shamrock, Firm, Conoco, and the City
of Southlake tentatively agreed to take responsibility for proposed public improvements
on portions of S.H. 26 for the energy access project. The letter outlines the City's
responsibility and the responsibility of the aforementioned companies. The City accepts
responsibility for public improvements estimated to be an amount of $100,000 for
construction of a public street in the City of Southlake directly across S.H. 26 from
Mustang Drive.
Aeenda Item #6. Public Forum
Dale Crane, 1460 Sunshine Lane, Southlake, asked questions with regard to TIP and was
informed that item has been tabled time certain September 23, 1997, cont'muing the public
hearing.
Agenda Item #7-A. Ordinance No. 686. 2nd reading FY 1997-98 Budget
Curtis Hawk, City Manager, stated Ordinance No. 686 would set the operating budget for the
City of Southlake for Fiscal Year 1997-98. The key things to be included in the budget are the
tax rate necessary to support this budget will remain at $.422. Also the personnel budgeted in
the general fund for January funding are: I-public safety officer; 1-building inspector; - plans
examiner and current planner. Those are positions that will be used to accommodate the growth
in the area. The public safety officer is necessary for the City to continue to provide the level of
service that the public demands. The utility fund provides for January funding of two equipment
operators, four maintenance workers and one GIS specialist (a transfer from the general fund).
In the SPDC meeting last night, the transfer of $550,000 from the SPDC operations to the SPDC
capital projects which will be reflected in the final budget document was approved.
PUBLIC HEARING: No comments were received during the public hearing.
Motion was made to approve Ordinance N. 686, 2nd reading, annual budget for the City of
Southlake.
REGULAR CITY COUNCIL MEETING MINUTES SEPTEMBER 16, 1997 PAGE 8 OF 22
Motion: Martin
Second: Evans
Mayor Rick Stacy read the caption of the ordinance.
Ayes: Martin, Evans, Fawks, Muller, Moffat, Harris, Stacy
Nays: None
Approved: 7-0 vote
Councilmember Scott Martin noted he appreciates staff and all the
work with the budget: it has been a tough year!
Mayor Rick Stacy commented that he appreciates the staff and their willingness to
bend, and bend, and bend. The City Council asked staff not to spend any money
unless absolutely necessary and not to hire any new staff not necessary. The City
Council added one quarter million dollars to the employees to bring their salaries
up to standards in income. He commented on the outside consultant which was
hired to study the City employees pay scale and determine the status.
Agenda Item #7-C, Ordinance No. 685, 2nd reading. Tax Levy Ordinance
Curtis Hawk, City Manager, commented the FY 1997-98 budget as submitted to the City Council
proposed a tax rate of $.422 per $100 of a property's taxable value. Part of the tax rate, $. 1746 1
per $100 pays for the retirement of debt that is due during the 1997-98 budget year. The
remainder of the tax rate, $.24739 per $100, is used to support the General Fund Operations of
the City, such as police, fire, and inspections. State law requires the City to adopt the tax rate
in these two components. Maintaining the $.422 per $100 rate as proposed exceeds the 'notice
and hearing' threshold of $.41971, therefore, the City Council on August 26 voted to conduct a
public hearing on the tax rate. The public hearing was held on September 2, 1997. Mr. Hawk
noted the total taxable value in the City is $1,550,350,213, which is the value of properties as of
January 1, 1997. Upon adopting of a tax rate, the City's tax collector, Tarrant County, will be
notified of the adopted rate.
PUBLIC HEARING: No comments were received during the public hearing.
Councilmember Scott Martin stated he hopes the citizens understand
the city is in median and Council has worked hard to promote
economic development of tax base and ad valorem would grow.
Mayor Rick Stacy commended on the one-half cent sales tax and
Crime Control and Prevention one-half cent sales tax, which is a
most inexpensive adventure for a city our size.
Motion was made to approve Ordinance No. 685, 2nd reading.
Motion: Martin
REGULAR CITY COUNCIL MEETING MINUTES SEPTEMBER 16, 1997 PAGE 9 OF 22
Second: F Fawks
Mayor Rick Stacy read the caption of the ordinance.
Ayes: Martin, Fawks, Muller, Moffat, Harris, Evans, Stacy
Nays: None
Approved: 7-0 vote
Agenda Item #7-D. 2nd reading, Ordinance No. 682. Reinvestment Zone Number One
Curtis Hawk, City Manager, stated Ordinance No. 682, 2nd reading, will create the Tax
Increment Reinvestment Zone and establishes the Board of Directors for the Zone.
Motion was made to table this item until September 23, 1997, continuing the public hearing at that
time.
Motion: Harris
Second: Martin
Ayes: Harris, Martin, Evans, Fawks, Muller, Moffat, Stacy
Nays: None
Approved: 7-0 vote (to table until September 23, 1997)
Agenda Item #7-E. Ordinance No. 480-253. 2nd reading (ZA 9%093)
Ordinance No. 480-253, 2nd reading (ZA 97-093), Rezoning of Brock Addition, on property
legally described as the south 20' of Lot 2, Brock Addition, an addition to the City of Southlake,
Tarrant County, Texas. Current zoning is "CS" Community Service District, with a requested
zoning of "SF-1A' Single Family Residential District. Owner and Applicant: E.I. Wiesman.
SPIN Neighborhood #15.
Karen Gandy, Zoning Administrator, commented that six (6) notices were sent to property owners
within the 200' notification area and one (1) response has been received from E.I. Wiesman, 2607
Southlake Boulevard, Southlake, in favor, stating, "the south 20' of Lot 2 in the Brock Addition
has always been a part of Lot 3 since its original purchase on April 25, 1973 as Single Residential
District, noting, the error was recently made after the Southlake Church of Christ purchased Lot
2 from A.H. Peters, and rezoned the entire Lot 2 as Community Service District."
PUBLIC HEARING: No comments were received during the public hearing.
Motion was made to approve the 2nd reading of Ordinance No. 480-253 (ZA 97-093).
Motion: Harris
Second: Martin
Mayor Rick Stacy read the caption of the ordinance.
Ayes: Harris, Martin, Evans, Fawks, Muller, Moffat, Stacy
Nays: None
Approved: 7-0 vote
REGULAR CITY COUNCIL MEETING MINUTES SEPTEMBER 16, 1997 PAGE 10 OF 22
A~,enda Item g'/-F. Ordinance No. 480-255. 2nd readin~a (ZA 97-107)
Ordinance No. 480-255, 2nd reading (ZA 97-107), Rezoning on property legally described as
approximately 1.1719 acres situated in the John A. Freeman Survey, Abstract No. 529, and being
Tracts 4Al and 4A4. Current zoning is "AG" Agricultural, with a requested zoning of "O-1"
Office District. Applicant: Secure Source, Inc. Owner: JAMB Enterprises. SPIN Neighborhood
#7.
Karen Gandy, Zoning Administrator, commented that ten (10) notices were sent to property
owners within the 200' notification area and one (1) written response has been received, from Jack
Petty, 616 North Kimball Avenue, in favor, "with Kimball becoming the main 4 lane road from
SH 114 to SH 26 the area will be used more for industrial and commercial use with lots of
traffic."
The applicant was present to answer questions for Council.
PUBLIC HEARING: No comments were made during the public hearing.
Motion was made to approve Ordinance No. 480-255, 2nd reading (ZA 97-107).
Motion: Martin
Second: Harris
Mayor Rick Stacy read the caption of the ordinance.
Ayes: Martin, Harris, Evans, Fawks, Muller, Stacy
Nays: None
Approved: 6-0 vote (Councilmember Moffat left the room and did not vote)
Agenda Item gT-G. Ordinance No. 480-256, 2nd reading. (ZA 97-I09}
Ordinance No. 480-256, 2nd reading (ZA 97-109), Rezoning and Revising Concept Plan for Saint
Laurence Episcopal Church, being a rezoning of property legally described as being
approximately 2.813 acres situated in the Samuel Freeman Survey, Abstract No. 525, and being
Tract 5B5, and a revised concept plan on property described as being 5.704 acres and being Lot
1, Block A, Saint Laurence Episcopal Church Addition, an addition to the City of Southlake,
Tarrant County, Texas, according to the plat recorded in Volume 388-213, Page 36, Plat Records,
Tarrant County, Texas and tract 5B5 in the Samuel Freeman Survey, Abstract No. 525. Current
zoning is "AG" Agricultural District, with a requested zoning of "CS" Community Service
District. Owner and Applicant: Saint Laurence Episcopal Church. SPIN Neighborhood #6.
Karen Gandy, Zoning Administrator, stated fourteen (14) notices were sent to property owners
within the 200' notification area and two (1) responses were received from: Donald A. Perry,
2712 East Southlake Boulevard, Southlake, in favor; and, Jim Carter, 519 North Kimball Avenue,
Southlake, in favor. Ms. Gandy noted on August 4, 1997, the Zoning Board of Adjustments
approved (4-1) two (2) portable buildings for the Grapevine-Colleyville Independent School
REGULAR CITY COUNCIL MEETING MINUTES SEPTEMBER 16, 1997 PAGE 11 OF 22
District for a period of one (1) year to expire August 4, 1998. The applicant has made application
with the City Zoning Board of Adjustments for a Special Exception Use Permit for the expired
permit on the existing portable building shown on the site.
Mike Peacock, a member of the building committee for Saint Laurence Episcopal Church, was
present to answer questions of Council.
PUBLIC HEARING: No comments were made during the public hearing.
Motion was made to approve Ordinance No. 480-256, 2nd reading, subject to the Concept Plan
Review Summary No. 3 dated September 12, 1997; deferring compliance with item gl(existing
parking encroachment in the right-of-way until the City needs additional right-of-way); and
allowing encroachment of the existing parking in the bufferyards as shown to be existing; also,
deleting item #2 in its entirety.
Motion: Martin
Second: Evans
Mayor Rick Stacy read the caption of the ordinance.
Ayes: Martin, Evans, Fawks, Muller, Moffat, Harris, Stacy
Nays: None
Approved: 7-0 vote
Agenda Item g'/-H, Ordinance No. 677, 2nd reading. Calline a S_uecial Election
Ordinance No. 677, 2nd reading, Calling a Special Election to be held on November 4, 1997, for
the purpose of amending the City Charter; providing ballot propositions; providing that this
ordinance shall be cumulative of all ordinances; providing a severability clause; and, providing
an effective date.
No action was taken on this ordinance.
Agenda Item #7-I. Ordinance No. 480-254. 2nd reading CZA 97-103)
Ordinance No. 480-254, 2nd reading (ZA 97-103), Rezoning on property legally described as
approximately 3.99 acres situated in the O.W. Knight Survey, Abstract No. 899, and being Tract
2B1. Current zoning is "AG" Agricultural District, with a requested zoning of "SF-1A' Single
Family Residential District. Applicant: Brad Barrington. Owners: Sandra Kay Talley. SPIN
Neighborhood #10.
Karen Gandy, Zoning Administrator, reported that fourteen (14) notices were sent to property
owners within the 200' notification area and one (1) response has been received from G.K.
Freeza, 1713 Arbor Mill Circle, Apt. 1412, Bedford, Texas, stating, "I have no problem with this
zoning change as long as it will not effect my status as "AG" Agricultural District."
REGULAR CITY COUNCIL MEETING MINUTES SEPTEMBER 16, 1997 PAGE 12 OF 22
It was noted the applicant was not present for the meeting.
PUBLIC HEARING: No comments were made during the public hearing.
Motion was made to approve Ordinance No. 480-254, 2nd reading.
Motion: Harris
Second: Martin
Mayor Rick Stacy read the caption of the ordinance.
Ayes: Harris, Martin, Evans, Fawks, Muller, Moffat, Stacy
Nays: None
Approved: 7-0 vote
Aeenda Item #8-B, ZA 97-105, Revised Preliminary Plat for Timarron. W_vndsor Grove.
Phase II.
ZA 97-105, Revised Preliminary Plat for Timarron Addition, Wyndsor Grove, Phase II, legally
described as being approximately 27.206 acres situated in the O.W. Knight Survey, Abstract No.
899, and being a portion of Tracts 8Fl, 8H, and 8H1. This plat proposed sixty-one (61)
residential lots and two (2) common greens. Current zoning is "R-P.U.D." Residential Planned
Unit Development District. Owner and Applicant: Westerra-Timarron, L.P. SPIN Neighborhood
#9.
Karen Gandy, Zoning Administrator, commented that twenty-three (23) notices were sent to
property owners within the 200' notification area and two (2) written responses were received
from: Kerry Brennan, 811 Dominion, Southlake undecided; and, Jane M. Hansen, 704 Longford
Drive, Southlake, in favor.
Ron Harper, City Engineer, commented on a meeting he had with Bob Whitehead,
Director of Public Works, and Todd Jensen, Carter & Burgess, and Steve Yetts,
Timarron Addition. He stated they have agreed to put the drainage that was going
over ground on the Brannan property, underground into the pond that is adjacent
to the Brannan property. In addition, they have agreed to put in a rear yard
drainage system along those lots so that there will not be a major overland flow.
The drainage would go south instead of west. They have asked for some
consideration and assistance in reinbursement, and once the city has seen the
construction plan, and bring forth the developer agreement, the limits of
participation on the part of the City will be recommended at that point and time.
Todd Jensen, Carter & Burgess, 7950 Elmwood Drive, Dallas. Mr. Jensen stated he concurs with
what Mr. Harper stated in regards to the solutions to the drainage problems in the Dominion
Addition.
Councilmember Scott Martin asked Mr. Jensen how they plan to get the water
REGULAR CITY COUNCIL MEETING MINUTES SEPTEMBER 16, 1997 PAGE 13 OF 22
from Lot 13 into the culvert.
Ron Harper, City Engineer, stated staff is comfortable that everything is being
done to correct this drainage situation.
PUBLIC COMMENTS:
Mark Depker, 803 Dominion Drive, Southlake. Opposed.
Pat Depker, 803 Dominion Drive, Southlake. Opposed.
Steve Kruse, 701 Dominion Drive, Sonthlake. Opposed.
Diane Kruse, 701 Dominion Drive, Southlake. Opposed.
Phil Mims, 615 Dominion Drive, Sonthlake. Opposed.
Lucie Mims, 615 Dominion Drive, Southlake. Opposed.
Linda Dudas, 713 Dominion Drive, Southlake. Ms. Dudas stated she is opposed. She stated she
wants a permanent solution and she wants to know when this solution will be implemented. She
noted Mr. Jensen has not answered her questions and she is not happy.
Rick Parker, 404 Bayou Vista, Southlake. Mr. Parker stated he appreciates everyones input and
feels like they are getting somewhere. He stated the property owners in Dominion asked that
there be no further erosion and no further siltation into their ponds. He stated the homeowners
want the engineers and developer to give the Dominion homeowners the assurances that the
erosion plan will be adhered to and that drainae will not be silting into the Dominion's amenity
ponds.
They are relying upon such assurances by the engineers and the developers and perhaps the City
that the design and implementation of the design will be such that the erosion and sediment
problems caused by the development on Timarron will be resolved including those problems not
only on the east side of their community but on the west side. For public record, they want those
assurances from the engineer and the developer that the features and designs are implemented
properly. They expressed concerns again as mentioned in prior weeks about the discharge not
only of the silt and debris but also of the manure that is draining through their property into the
ponds of the Dominion. Mr. Parker asked for a copy of the notice of intentinn filed with the
EPA and a copy of the permit from the EPA allowing discharge into the Dominion's amenity
ponds. They also asked for certifications from the engineer that the system can in fact, handle
the water flow from the east as well as the west and finally, if the system is not able to handle th e
Timarron drainage, east and west, that the City compel Timarron to install a permanent detention
pond on their property which will release water at the same rate of flow as exists now with proper
erosion control. They want to make sure that their amenity ponds can handle the flow which will
increase by 40%. They also asked that Timarron and the City keep open forum with the citizens
of Dominion, letting them know what is happening, so it can reduce some of the stress of the
citizens of Dominion. Mr. Parker stated he is president of the homeowners association and will
be glad to meet with anyone concerning this issue.
REGULAR CITY COUNCIL MEETING MINUTES SEPTEMBER 16, 1997 PAGE 14 OF 22
Melanie Brennan, 811 Dominin Drive, Southlake. Ms. Brennan stated she appreciates what the
City Council is doing for the City of Southlake. She stated she is excited about the solutions to
the drainage problems in Dominion. She asked what the pipe will look like and what her back
yard will look like.
Mr. Todd Jensen, Carter & Burgess, replied the channel (swell) in her yard will
have to remain because of clogging of the drainage pipe. The swell is for over
flow.
Carolyn Morris, 403 St. Charles Court, Southlake. Ms. Morris thanked Council for working with
the citizens on this drainage issue. She noted 4 concerns: 1) She stated she wants the engineers
to give them a certification that the pipes will hold the flow; 2) She expressed concerns with
Timarron on erosion control (are the silt screens as effective as they should be); 3) She asked that
the pipe going into the Dominion common area be returned to the condition it was in; and, 4)
She asked who will clean the ponds in Dominion, asking, are they private systems or public
systems?
Kerry Breunan, 811 Dominion Drive, Sonthlake. Mr. Brennan stated he lives on the property the
pipe will be installed on and he wants the landscaping put back where and like it was before
improvements are made.
David Carey, 812 Dominion Drive, Southlake. Mr. Carey stated he supports everything the
neighbors said. He stated he thinks there is room for "best practices.' Mr. Carey stated he
wants Westerra to step forward and go beyond the minimum requirements and put in erosion
control. He stated he wants the rainfall that falls in the back yards to get into the pipe. He stated
he wants Timarron to approach the builders to make repairs before the lot sells. He asked when
the ponds are put in, who and how will the ponds be maintained. He noted the good neighbor
policy, stating, it may not be legally binding, but it is good business.
Scott Park, 614 Dominion Drive, Southlake. Mr. Park commented on the size of the pipe and
amount of water that engineering has called for. Neighbors present are a small percentage of the
citizens in Dominion, stating, they all care and this is important to them.
Tom Morris, 403 St. Charles Court, Southlake. Mr. Morris stated he appreciates all the work
that has been done. He had questions regarding the size of the pipe, and stated he is hopeful it
was not suggested by one of the housewives! He asked Council to make sure the pipe is big
enough to handle the flow. He suggested, before further approvals, to have a more solid plan.
Anthony Binggeli, 807 Dominion Drive, Southlake. Mr. Binggeli stated he is impressed by what
his neighbors have put together with this issue. He noted they are left with a pipe which is not
working, and asked, who will fix it? Mr. Binggeli asked what the time frame is for these
improvements, stating he is hopeful the corrections are made before the rains come.
REGULAR CITY COUNCIL MEETING MINUTES SEPTEMBER 16, 1997 PAGE 15 OF 22
Public comments closed.
Allen Taylor, City Attorney, commented when asked by Mayor Stacy, that it is
a function of the Texas Standard Water Law to determine when it is necessary to
have a pond on the other side of the fence. Mr. Taylor said, "A superior state is
entitled by law to pass water to a subpervious state. The role is, you are bound by
the Texas Water Code, 5.086 not to alter or divert the natural flow of water.
Water should sheet flow from pre-development status across your property to
lower adjacent property along natural water course lines at natural flows. The
requirement to retain on site comes in to existence when your conversion from raw
land to development changes or alters the natural flow to create an increase in
time of confluence in a negative impact on property, so that you have got to retard
it. You either build an on-site diversion, or you develop channels to move it into
a natural drainage way so it does not negatively impact adjoining properties.' The
problem our City Engineer will get trapped with is, there is no absolute answer.
Curtis Hawk, City Manager, stated he met with these folks a couple months ago.
One of the commitments he made to them at that time was that the City was going
to do everything that it could to help solve their problem. He stressed to them
then, and again tonight, the problem is not all up stream. Mr. Hawk said, "One
of the things we struggle with since we started the development here, is it an
engineering problem and also a philosophical problem. We have all the rolling
hills and the things that are nice, but in order to develop it, we have to be able to
provide for the water. In some cases they used retention ponds and detention
ponds, sometimes amenity ponds. One of the things we struggle with is how to get
a handle on all these problems with drainage. We look forward to the time when
we can get a drainage utility district for the entire district, where everybody pays
their fair share of the drainage. You are either on the north side going to Denton
Creek or on the south side going to Bear Creek.
Councilmember Scott Martin encouraged the homeowners association to get a copy
of the original plat and go to the neighbors and ask to have it reviewed. It is
mandatory that the property owners take responsibility for what they bought.
Find out where the drainage swells are and go forward. He asked the property
owners to reestablish the easements.
Councilmember Gary Fawks stated he still has concerns with the northern section.
He feels the Council can move forward on the revised preliminary plat.
Motion was made to approve ZA 97-105, Revised Preliminary Plat for Timarron Addition,
Wyndsor Grove, Phase II, pursuant to the Plat Review Summary No. 1 dated August 15, 1997;
deleting item #10, and expressing sincere gratitude to the Timarron folks for trying to resolve the
REGULAR CITY COUNCIL MEETING MINUTES SEPTEMBER 16, 1997 PAGE 16 OF 22
problems.
Motion: Martin
Second: Evans
Ayes: Martin, Evans, Fawks, Muller, Moffat, Harris, Stacy
Nays: None
Approved: 7-0 vote
Agenda Item g2-A. Executive Session
Mayor Rick Stacy advised the audience that Council would be going into executive session
pursuant to Chapter 551 of the Texas Government Code, Section 551.074, to consider the
appointment and evaluation of public officials including appointments to Boards and
Commissions.
Council returned to executive session at 9:50 p.m.
Council returned to open session at 11:00 p.m.
Agenda Item g2-B. Action Necessary/Executive Session
No action was taken as the result of the executive session.
Agenda Item g9-A. Resolution No.97-60. Anuointments to the Drue and Alcohol Awareness
Committee
Resolution No. 997-60, Appointment of members to the Drag and Alcohol Awareness Committee
was discussed. Motion was made to make the following appointments: Councilmembers Wayne
Moffat and David Harris as the City Councilmember appointees; Bret Boren and Jackie Brooks
Laurence as the citizen-at-large appointees; Kami Adrian and Nicole Berry as the SYAC members;
Erin Anderson as the alternate SYAC member and Nancy Moffat as ex officio member.
Motion: Martin
Second: Evans
Ayes: Martin, Evans, Fawks, Moffat, Harris, Stacy
Nays: Muller
Approved: 6-1 vote
Agenda Item #9-B. Resolution No. 97-61. Appointment to the Parks and Recreation Board
Resolution No. 97-61 was approved, naming Chris Miltonberger to the Parks and Recreation
Board to fill the unexpired term of Gary Beyers.
Motion: Martin
Second: Harris
Ayes: Martin, Harris, Evans, Fawks, Muller, Moffat, Stacy
Nays: None
REGULAR CITY COUNCIL MEETING MINUTES SEPTEMBER 16, 1997 PAGE 17 OF 22
Approved: 7-0 vote
Agenda Item gg-c. Resolution No. 9%62. Appo'mtments to the Senior Advisory_ Commission
Resolution No. 97-62 was approved naming Liuda Moore as a permanent member of the Senior
Advisory Commission, filling the unexpired term of Jim Goggin, with Zena Rucker remaining
as an alternate member.
Motion: Martin
Second: Harris
Ayes: Martin, Harris, Evans, Fawks, Muller, Moffat, Stacy
Nays: None
Approved: 7-0 vote
Agenda Item #11-A. Discussion: Amendment to Southlake Ordinance Establishing Court of
Record.
Curtis Hawk, City Manager, noted two Council meetings ago it was requested that staff look at
an amendment that would restrict the Municipal Court Judge from serving at the Municipal Court
Judge in any of the contiguous cities. He stated he checked with one of the City Attorneys who
determined there is nothing that would prohibit the City from amending the ordinance that sets
out the responsibilities of the Municipal Court Judge or at least the qualifications of the judge.
The changes in the ordinance provided sets out that the judge could serve as a relief judge. If
Council wants the amendments made, they need to direct the City Manager to have the attorneys
make the changes.
Councilmember Wayne Moffat stated he has an opinion from the Attorney General
which states it is unconstitutional for a judge to hold more than one office. Mr.
Moffat said, "there an amendment before the voters in November which allows
this to be changed. A part of the amendment will allow cities, such as ours, in the
metropolitan areas to enforce the spirit of the constitution by City Charter. So it
is against the Texas Constitution to do this today, and it may or may not be
changed in November. The legislator gave the cities the option to follow the spirit
of that law and do it by City Charter. Also, because of the conflicts we have had
with Westlake and Trophy Club, it is just not a good idea to do this."
Brad Bradley, Municipal Court Judge for the City of Southlake, spoke to council stating, the State
Statute states if a city is Court of Record, the judge must be a practicing attorney. He stated the
references made by Councilmember Moffat are attorney general opinions. There is no case law
with regard to this issue, and there is no supreme court case law on this issue. He informed the
Council that the issue will be put before the voters in November. If this amendment is not
approved, he will resign his alternate positions. He stated he currently serves as judge in Trophy
Club, Burleson, Edge Cliff Village, and serves as alternate judge for the City of Grapevine. He
stated he has served as substitute judge in Colleyville and Keller and many other cities. Judge
REGULAR CITY COUNCIL MEETING MINUTES SEPTEMBER 16, 1997 PAGE 18 OF 22
Bradley stated he does not see a problem as he has acted as facilitator in those other cities as well
as judge.
Judge Bradley stated he does not see the problem with this issue and this entire issue will be
resolved in November when the issue goes before the voters.
According to Allen Taylor, City Attorney, the attorney general opinion has no enforcement effect
right now because there has never been a court rule as a matter of interpretation. Taylor said,
what the TML and Judicial Conference is saying, is if they are asked to rule they will rule that
it is a violation.
Mayor Stacy stated, "even if Council proceeds with a change to this ordinance,
and the voters in November say it is alright, then it would have been okay but we
would have amended our ordinance."
Allen Taylor stated the City ordinance would control the issue.
Councilmember Moffat stated the intent of changing this law is to help the rural
areas of the state. In metropolitan areas, if they are allowed to keep doing it, wil 1
be a legal trick-roll, loophole. He stated he feels the City should be consistent
with the spirit of the law.
Mayor Stacy stated if this is the law it is strange that there has never been any case
law on it. It is even stranger if it is the law, to think that judges would break the
law. He suggested that the city should bring it forward as a charter amendment.
Councilmember Moffat stated he thinks it is very important to go forward at this
time to change the ordinance.
Allen Taylor stated that the November 4 election will narrow the window for the city. If the
voters reject the amendment on November 4, 1997 then there will be a unamious agreement in
the municipal league community that an elected judge may not hold more than one office. If the
amendment passes, every City Council will have the option to pass an ordinance as they wish.
Agenda Item//12. Adjournment
This City Council meeting adjourned at 11:20 p.m. to be continued on September 23, 1997 at
5:00 p.m. to consider agenda item//7-D.
CONTINUATION OF THE CITY COUNCIL MEETING
SEPTEMBER 23, 1997
MINUTES
REGULAR CITY COUNCIL MEETING MINUTES SEPTEMBER 16, 1997 PAGE 19 OF 22
COUNCILMEMBERS PRESENT: Mayor Rick Stacy; Mayor Pro Tem W. Ralph Evans,
Deputy Mayor Pro Tem David Harris. Members: Pamela Muller, Wayne Moffat, and Scott
Martin
COUNCILMEMBER ABSENT: Gary Fawks.
STAFF PRESENT: Curtis Hawk, City Manager; Assistant to the City Manager, Darcey Imm;
Bob Whitehead, Director of Public Works; Lou Ann Heath, Director of Finance; and, Sandra L.
LeGrand, City Secretary.
Mayor Rick Stacy called the cominuation of the City Council meeting from September 16,
1997, to order at 5:00 p.m.
Agenda Item #7-D, Ordinance No, 682. 2nd readin_u Reinvestment Zone Number One.
Ordinance No. 682, an ordinance designating a contiguous geographic area in Southlake as
Reinveslment Zone Number One, City of Southlake; creating a board of directors for such zone;
making certain findings and determinations in relation to such reinvestment zone and resolving
other matters incident and related thereof, was presented by City Manager Curtis Hawk.
Curtis Hawk stated the ordinance states the City's desire to promote the development or
redevelopment of a certain contiguous geographic area, a 256 acre tract of land bounded by
Kimball Avenue, State Highway 114, East Southlake Boulevard (F.M. 1709) and North Carroll
Avenue, within the City by the creation of a reinveslment zone as authorized by the Tax Increment
Financing Act, V.T.C.A., Tax Code, Chapter 331. To be in compliance with the Act, a public
hearing on the creation of the proposed reinvestment zone and its benefits to the City and the
property in the proposed zone was ordered to be held on August 26, 1997, during the Regular
meeting of the City Council. In accordance with the provisions of Section 311.003 (e) of the Act,
a written notice of the City's intention to establish such reinvestment zone was sent on the 25th
day of June, 1997, to the governing body of each taxing unit that levies real property taxes in the
proposed reinvestment zone (the Carroll Independent School District, Tarrant County, Tarrant
County Hospital District and Tarrant County Junior College District). The City Council made
a formal presentation to the governing body of the CISD and of Tarrant County. Tarrant County
Hospital District and Tarrant County Junior College District were informed of and invited to each
of the presentations, and arrangements have been made to make formal presentations to each of
their governing bodies.
A copy of the proposed Tax Increment Reinvestment Zone #1, preliminary project and financing
plan is hereby attached to the minutes of the meeting. A copy is on file in the Office of the City
Secretary for public inspection and review.
A discussion was held with regard to Section 4, of Ordinance No. 682, with regard
to the number of members on the board of directors for the zone.
REGULAR CITY COUNCIL MEETING MINUTES SEPTEMBER 16, 1997 PAGE 20 OF 22
Councilmember Pamela Muller stated she recently visaed the City of Miami
Beach, Florida to determine how they operate the TIF in their two TIF areas and
the experiences they have had with TIF. In regard to the number of City
Councilmembers on the Board, they determined that since the City Council has the
final authority, they should serve as the members on the Board of Directors for
their TIF projects. The board positions go with the terms of office for the
councilmembers. In other words, when a councilmember's term expires and a
new councilmember is elected, he/she becomes a member of the Board of Directors
for the TIF.
Councilmember Scott Martin left the meeting at this time, leaving his affidavit for
possible conflict of interest on this item with the City Secretary.
PUBLIC HEARING CONTINUATION:
Dale Crane, 1469 Sunshine Lane, Southlake. Mr. Crane stated he is not anti-TIF, adding, it is
difficult to sort through. With the City paying for 40% of the infrastructure, he feels the voters
should be able to pass on this. He feels upgrade in the quality of the development is something
the voters should be able to vote through.
Mayor Rick Stacy commented that Tarrant County and the CISD have expressed
they do not want to participate in the TIF if the issue goes to the voters.
Councilmember David Harris stated the citizens have input by having access to the
Council and staff of the City of Southlake.
Brian Stebbins, 904 Independence Parkway, Southlake. Mr. Stebbins stated the nature of what
was meant to be a good idea, is where we are today. It has taken two (2) years to get this far with
the Town Center project. He stated it has been their policy that the more information given to
citizens, the better. He noted they intented to have a series of public meetings in the next 90 days.
Charlie Broadaway, 600 Bentwood Lane, Southlake. Mr. Broadaway stated he is in favor of TIF,
adding, he has asked for the tax rate including TIF for the next five (5) years and still has not
received it.
Rex Potter, 303 Waterford Court, Southlake. Mr. Potter stated when he f~rst read about TIF he
was not too sure of it. He appreciates the City Manager setting down with him to try to explain
the program. Potter noted he asked the City Manager if it is that good of a project, show him the
numbers. He stated he feels the city is subsidizing the developers. He stated he wants a
commitment from Brian Stebbins that he will put funds back into the community (improving
landscaping, etc.). Mr. Potter stated anytime we have a major expenditure, he wants to see it go
to the voters.
REGULAR CITY COUNCIL MEETING MINUTES SEPTEMBER 16, 1997 PAGE 21 OF 22
Mayor Stacy stated again, the County and CISD will not support it if it goes to
the voters. Mr. Potter also stated he wants it to go to the voters with Certificates
of Obligations. Mayor Stacy stated the County will not participate if the
Certificates of Obligations go to the voters. The Mayor stated he would be happy
to take each C.O. to the voters but he found out he cannot.
City Manager Curtis Hawk stated approving the ordinance only starts the clock. Once the
ordinance is approved, the 60-day period starts. The developer still has to come forward with
the developer agreement and other things.
Councilmember Muller suggested since Councilmember Fawks is not present, to
wait for a full Council to go forward with the ordinance. According to other
Councilmembers, Fawks is all right with Council going forward with this
ordinance.
Motion was made to approve 2nd reading of Ordinance No. 682, reflecting changes in the
boundaries reduced from the first TIF plan; in Section 4, changing to reflect that the City Council
positions shall be staggered to be the same as City Council terms; also, that the CISD Board be
increased from one to two members.
Motion: Harris
Second: Evans
Mayor Rick Stacy read the caption of Ordinance No. 682.
Ayes: Harris, Evans, Muller, Moffat, Stacy
Nays: None
Approved: 5-0 vote
Agenda Item #12. Ad_iournment
The continuation of the City Council meeting of September 16, 1997 was adjourned at 6:45 p.m.
°n September 23' 1997'al~-~'t~t~?'O~ra.~O~ ~v ~, rt.;~ ~~
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REGULAR CITY COUNCIL MEETING MINUTES SEPTEMBER 16, 1997 PAGE 22 OF 22