1996-09-17 CITY OF SOUTHLAKE
667 NORTH CARROLL AVENUE
REGULAR CITY COUNCIL MEETING
SEPTEMBER 17, 1996
MINUTES
COUNCILMEMBERS PRESENT: Mayor Rick Stacy; Mayor Pro Tem W. Ralph Evans;
Deputy Mayor Pro Tern Pamela Muller. Members: Scott F. Martin, David A. Harris and Wayne
Moffat.
COUNCILMEMBER ABSENT: Gary Fawks
CITY STAFF PRESENT: Curtis E. Hawk, City Manager; Shana Yelverton, Assistant City
Manager; Kevin Hugman, Assistant to the City Manager; Lou Ann Heath, Director of Finance;
Bob Whitehead, Director of Public Works; Ron Harper, City Engineer; Greg Last, Director of
Community Development; Klm Lenior, Director of Parks and Recreation; Karen Gandy, Zoning
Administrator; Billy Campbell, Director of Public Safety; E. Allen Taylor Jr., City Attorney;
and, Sandra L. LeGrand, City Secretary.
INVOCATION: Mayor Pro Tem W. Ralph Evans.
WORK SESSION: The work session was held to discuss agenda items by Council and staff.
The Regular City Council meeting was called to order by Mayor Rick Stacy at 6:35 p.m.
Agenda Item #2-A. Executive Session
Mayor Stacy advised the audience that Council would be going into executive session pursuant to
Chapter 551 of the Texas Government Code, Sections 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, and 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 devises.
Council adjourned for executive session at 6:37 p.m.
Council returned to open session at 7:15 p.m.
REGULAR CITY COUNCIL MINUTES 9/17/96 MEETING PAGE 1
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Aeenda Item #'2-B. Action Necessary/Executive Session
No action was taken as the result of the executive session.
A~enda Item//3. Annroval of the Minutes of September 3. 1996
The Minutes of the Regular City Council meeting held on September 3, 1996 were approved as
presented.
Motion: Harris
Second: Muller
Ayes: Harris, Muller, Moffat, Martin, Evans, Stacy
Nays: None
Approved: 6-0 vote
Agenda Item #4-A. Mayor's Reoort
Deputy Mayor Pro Tem Pamela Muller informed Council during her September 11, DFW Airport
Committee meeting the new Runway Use Plan was presented. Basically, the plan included how
they plan to operate out of DFW to be in compliance with the 1992 EIS Plan adopted for the new
east/west runway and that it would have no new impact on the City of Southlake. They invite
people to comment on the plan or if one wishes, they could contact Ms. Muller.
Councilmember Scott Martin acknowledged the fine work by Kim Lenior, Director of Parks and
Recreation, on her successful application with the Texas Forest Service, for a street tree program
matching grant of $I0,000 for master planning and a demonstration site for street tree
development for major thoroughfares within the City, to be located on White Chapel Road, Dove
Road and Continental Blvd. Martin stated this is the second grant received in as many months and
hopefully her success rate will continue to be high, because we need our share of those tax dollars.
Director of Parks and Recreation Kim Lenior announced the upcoming meetings with SPIN and
the Park and Recreation Board which will be held on September 24 at 7:00 p.m. at Carroll High
School and October 2, 1996, at 7:30 p.m. in the Council Chambers at City Hall. Bicentennial
Park and Bob Jones Park Master Plans will be discussed.
Mayor Stacy stated the first 40th Birthday Party event will be held on September 29, 1996 from
1:00 p.m. to 5:00 p.m. at Bicentennial Park. The oldest living person in Southlake and the person
who has lived here the longest will be present and introduced, as will other activities take place.
Mayor Stacy presented a proclamation to Carrie Fullington and Scott Estes, with the Department
of Public Safety, proclaiming September 23-27, 1996, as "Gun Safety For Children Week.' A
program for gun safety will be presented to all children at Carroll Elementary School, Johnson
Elementary School, and Durham Elementary School, grades kindergarten through fourth grade
REGULAR CITY COUNCIL MINUTES 9/17/96 MEETING PAGE 2
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during the entire week.
Mayor Stacy announced agenda changes for tonight's meeting: Items #9-A, and #9-
B will be deleted from the agenda; items #10-A, and #10-C will be added to
consent agenda and item #5-D will be removed from the consent agenda.
Aeenda item #4-B. City Manaeer's Report
Curtis Hawk, City Manager, announced that TxDot will consider funding of the SH 114 Project
on September 26, 1996. Mayor Stacy and Bob Whitehead, Director of Public Works, will be in
Austin for that meeting.
Mr. Hawk announced that he will be out of the office from September 19, 1996 until September
26, 1996 as he is going to Toyoma, Japan, with the Sister City Program. This year the City is
celebrating the 5th anniversary of our Sister City association with Toyoma, Japan.
Mayor Stacy announced that Councilmember Gary Fawks is absent tonight as he
is out of the country on business. He plans to be present for the next meeting.
Agenda Item #4-C. SPIN Report
Karen Cienki stated this will be her last time to stand before Council as a Standing Committee
Representative as she has resigned her position to devote more time to the Board of Adjustment
and her other activities for the city. She thanked Curtis Hawk, City Manager, and his staff for
all the support given to SPIN. She especially thanked the Assistant City Manager, Shana
Yelverton, for her open door policy to all of SPIN since the inception of SPIN in 1993. A copy
of her report is hereby attached to the minutes of the meeting.
A~enda Item #5. Consent Agenda
The consent agenda consisted of the following items:
5-A. Partial Release of Easement recorded in Volume 11805, Page 1251, of a 35' Temporary
Construction Easement, affecting 1.3538 acre tract in Littleberry G. Hall Survey, Abstract
No. 686, on the north side of West Southlake Blvd., 907.05' east of Shady Oaks Drive.
5-C. Resolution No. 96-59, appointments to SPIN #10 and#14.
5-D. Request for proposals for bank depository agreement.
5-E. Resolution No. 96-60, Authorizing acceptance of a grant from Texas Forest Service for
a Street Tree Program.
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10-A. Developer Agreement for Timarron Village, Phase I.
IO-C. Contract for Employee Insurance.
Motion was made to approve the consent agenda consisting of items g5-A, g5-c, g5-E, gl0-A,
and gl0-C, removing item #5-D from consent.
Motion: Harris
Second: Evans
Ayes: Harris, Evans, Muller, Moffat, Stacy
Nays: None
Approved: 5-0 vote
Councilmember Martin was out of the room and did not vote.
ADDITIONAL INFORMATION ON CONSENT ITEMS
Partial Release of Easement of a 35' temporary construction easement, affecting 1.3538
acre tract of land in Littleberry G. Hall Survey, Abstract No. 686, on the north side of W.
Southlake Blvd., 907.05' east of Shady Oaks Drive. In February 1995, the City was
granted a 15-foot wide permanent utility easement and a 35-foot wide temporary
construction easement for a water line along Southlake Blvd. The water line was
completed and the temporary construction easement is no longer needed.
Resolution No. 96-59, appointment replacements to SPIN gl0 and g14. The resolution
provides for the appointment of Al Morin to SPIN gl0 and Doug McKelvey to SPIN #14.
The recent changes in the ordinance will result in each serving until December 1998.
Resolution No. 96-60, authorizes acceptance of a grant from Texas Forest Service Grant
which the City must match at $10,000. The matching funds are available in the FY 1996-
97 operating budget of the Parks and Recreation Department. The grant is for the hiring
of a landscape architect to master plan street tree plantings for White Chapel Blvd,
Continental Blvd. and Dove Road and a $10,000 demonstration site. This project will
begin in October and be completed by May, 1997.
IO-A. Developer Agreement for Timarron Village "I,' Phase 1. There are a few changes in this
agreement that need City Council's attention and these changes are as follows:
GENERAL REOUIREMENTS as part of the land transaction between the City and
Timarron for the municipal complex on F.M. 1709, the City agreed to waive fees,
including the 2% administrative and 3% inspection fees for future Timarron projects, up
to a total of $350,400. The Developer wishes to keep references to the fees within this
Developer Agreement, however, the actual fee amounts will be applied against accrued fee
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credits.
10-C.
OFF-SITE AND/OR SEWER PRO RATA: There is no off-site and/or sewer pro ram, off-
site drainage structures, or off-site water.
~ The Developer met with the Park Board on September 9, 1996, to discuss
recommended credits for this project and Village "F~. The Park Board agreed to
recommend full credit for the dedication and construction of a trail along Byron Nelson
Parkway ($65,026) and to allow a 10% credit for the construction of the neighborhood
center in Timarron Village "F." The allocation of costs, as presented by the Developer
and accepted by the Park Board, provide for a total credit of $10,000 for all of Village
"I' for the Byron Nelson Trail. The Developer has requested that the entire trail cost
($65,026) be applied to this phase of Timarron Village "I. ~ The Developer's rational for
this is that the entire trail will be completed in conjunction with Phase I of Timarron
Village "I.'
PERIMETER STREET ORDINANCE: This portion of the Timarron development is
subject to Roadway Impact Fees.
T~F~LC.~t~M~ The Developer has instructed the design engineer to proceed with the
design of the proposed traffic signal at Byron Nelson Parkway and F.M. 1709. The
Developer wishes the City to participate in sharing the construction cost of this light, but
will defer this discussion to a later date. We have received preliminary approval from the
State on the installation of this light; however, they have stated they do not have the funds
to design or construct the signal.
Contract for Employee Insurance. The insurance proposals have been reviewed by a third
party consultant, RWL Benefits, Inc. A committee consisting of Mayor Stacy,
Councilmembers Martin and Evans, Assistant City Manger, Director of Finance and
Human Resource Administrator and the RWL consultant have brought forward three
options. Council approved medical, dental, life, accidental death and dismemberment and
long-term disability insurance for City employees. Further information can be obtained
from the Human Resources Administrator.
Aeenda Item #5-D. Prooosal for Bank Depository Agreement
The City Manager, Curtis Hawk, informed the Council that staff would prepare a policy for
seeking proposals for bank depositorys outside the city limits and bring back to Council at the next
meeting.
A~enda Item #6. Public Forum
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Lisa Stokdyke, 720 Peytonville Avenue, Southlake. Ms. Stokdyke stated she is president of Keep
Southlake Beautiful stating she wanted to thank publicly the City Council and the Public Works
Department for the great help they gave KSB during the Spring Trash-Off. She stated they had
for the first time, a large item collection and it was overwhelmingly popular with the citizens.
She presented ball caps from KSB to members of Council and the following public works
employees: Bob Whitehead, Brad Payton, Eddie Pension, Donnie Hamilton and John Martinez
for the overtime hours on the project.
Agenda Item gT-A. Ordinance No. 480-208.2nd readine ZA 96-85
Ordinance No. 480-208, 2nd reading (ZA 96-85), Rezoning and Concept Plan for Stone Bridge
Park, being approximately 13.583 acres situated in the J.G. Allen Survey, Abstract No. 18, Tract
2D as recorded in Page 1330 of Volume 9427 in the D.R.T.C.T. Current zoning is "AG"
Agricultural District with a requested zoning of "C-3" General Commercial District. Owners:
H.C. and Maxine Forester. Applicant: Realty Capital Corporation. SPIN Neighborhood//16.
Public Hearing.
Karen Gandy, Zoning Administrator, commented that twelve (12) notices were sent to property
owners within the 200' notification area and no responses have been received.
The applicant was present for the meeting to answer questions of Council.
The public hearing resulted with no comments from the audience.
Motion was made to approve Ordinance No. 480-208, 2nd reading, as approved during the first
reading to include: on September 3, 1996, motion was made to approve this item, subject to Staff
Review Summary Letter No. 2 dated August 30, 1996, amending Item #3 to permit wrought iron
fencing as indicated on the plan; waiving Item #SA regarding driveway spacing on F.M. 1709;
adding a comment to provide a stub-out to the east for a common access easement; and addressing
the drainage issues and management of the F.E.M.A. floodway and floodplain on the site.
Motion: Harris
Second: Evans
Mayor Rick Stacy read the caption of the ordinance.
Ayes: Harris, Evans, Muller, Moffat, Martin, Stacy
Nays: None
Approved: 6-0 vote
Agenda Item #7-B. Ordinance No. 480-215. 2nd reading CZA 96-104~
Ordinance No. 480-215, 2nd reading (ZA 96-104), Rezoning for approximately 1.57 acres
situated in the R.D. Price Survey, Abstract No. 992, and being a portion of Tract 1 and a portion
of Tract 2. Current zoning is "AG" Agricultural District, with a requested zoning of "SF-1A'
PAGE 6
REGULAR CITY COUNCIL MINUTES 9/17/96 MEETING
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Single Family Residential District. Owners/Applicants: Perry R. and Jimme Ray Reeder. SPIN
Neighborhood #1. Public Hearing.
Karen Gandy, Zoning Administrator, commented that eight (8) notices were sent to property
owners within the 200' notification area and two (2) written responses have been received from:
Marie Grigsby, 311 29th Avenue, Moline, Illinois, in favor; and, James Evans, 9426 Braddock
Road, Fairfax, Virginia, in favor.
The applicant was present to answer questions of Council.
The public hearing resulted with no comments from the audience.
Motion was made to approve Ordinance No. 480-215, 2nd reading.
Motion: Martin
Second: Muller
Mayor Rick Stacy read the caption of the ordinance.
Ayes: Martin, Muller, Moffat, Harris, Evans, Stacy
Nays: None
Approved: 6-0 vote
Agenda Item No. 7-C. Ordinance No. 480-216. 2nd reading (ZA 96-105}.
Ordinance No. 480-216, 2nd reading (ZA 96-105), Rezoning for approximately 10.5 acres
situated in the R.D. Price Survey, Abstract No. 992, and being a portion of Tract 1 and a portion
of Tract 2. Current zoning is "AG" Agricultural with a requested zoning of "RE" Residential
Estates District. Owners/Applicants: Marie Grigsby. SPIN Neighborhood #1. Public Hearing.
The Zoning Administrator, Karen Gandy, commented that nine (9) notices were sent to property
owners within the 200' notification area and two (2) written responses have been received from
within the 200' notification area: Marie Grigsby, 311 29th Avenue, Moline, Illinois, in favor; and
James Evans, 9426 Braddock Road, Fairfax, Virginia, in favor.
John Levitt, Levitt Engineers, Southlake, was present representing the applicants. Mr. Levitt had
no comments.
The public hearing resulted with no comments from the audience.
Motion was made to approve Ordinance No. 480-216, 2nd reading.
Motion: Martin
Second: Muller
Mayor Rick Stacy read the caption of the ordinance.
Ayes: Martin, Muller, Moffat, Harris, Evans, Stacy
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Nays: None
Approved: 6-0 vote
Agenda Item # 7-D. Resolution No. 96-58 (ZA 96-108} Specific Use Permit for Kroger.
Resolution No. 96-58 (ZA 96-108), Specific Use Permit for the sale of packaged beer for off-
premises consumption for Kroger, described as being Lot 3, Block 1, Village Center, Phase I,
approximately 13.077 acres situated in the T. Mahan Survey, Abstract No. 1049. Current zoning
is "C-3" General Commercial District. Applicant: The Kroger Company. Owner: T & M
Southlake Development Company. SPIN Neighborhood #4. Public Hearing.
Karen Gandy, Zoning Administrator, commented that eight (8) notices were sent to property
owners within the 200' notification area and no written responses have been received.
Don Silverman, applicant, was present, however, had no comments.
The public hearing resulted with no comments from the audience.
Motion was made to approve the SUP for Kroger, subject to the Staff Review Summary No. 1
dated August 30, 1996.
Motion: Martin
Second: Muller
Ayes: Martin, Muller, Moffat, Harris, Evans, Stacy
Nays: None
Approved: 6-0 vote
p, genda Item g7-E. Resolution No. 96-51 (ZA 96-7B Specific Use Permit
Resolution No. 96-51 (ZA 96-71), Specific Use Permit for outside storage for Great Outdoor
Landscape, being legally described as Lot 3, Block A, Hart Industrial Park, and being
approximately 0.998 acres situated in the John N. Gibson Survey, Abstract No. 591. Current
zoning is "I-1" Light Industrial District. Owner: Joseph Hart. Applicant: Scott and Carol
Malone. Spin Neighborhood #7. Public Hearing.
Resolution No. 96-51 (ZA 96-71), was tabled at the request of the applicant, time certain
November 5, 1996.
Motion: Harris
Second: Muller
Ayes: Harris, Muller, Moffat, Martin, Evans, Stacy
Nays: None
Approved: 6-0 vote (to table)
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Agenda Item #8-A. Ordinance No. 480-207. 1st reading (ZA 96-8B
Ordinance No. 480-207, 1st reading (ZA 96-81), Rezoning and Concept Plan for Southlake
Woods, being approximately 73.9848 acres situated in the W.R. Eaves Survey, Abstract No. 500,
being a portion of Tract 2A2, in the T.J. Thompson Survey, Abstract No. 1502, Tracts 1D, 2,
2A2, 2A3, and 2B. Current zoning is "C-3" General Commercial District, "AG" Agricultural
District, with a requested zoning of "SF-20A" Single Family Residential District. Applicant: Toll
Brothers, Inc. Owners: Robert G. Goode, Pat and Eileen Sheehey, and Bernard P. Cosgrove.
SPIN Neighborhood #14 and #15.
Karen Gandy, Zoning Administrator, reported that forty-three (43) notices were sent to property
owners within the 200' notification area, and eight (8) written responses have been received from
within the 200' notification area, from: Rosetta Sheehey, 519 Davis Blvd., Southlake, in favor;
J. Michael Usseglio, 910 Shadywood Street, Southlake, opposed; Harry E. Gilliand, Jr., 624
Merrill Drive, Bedford, undecided; Annette Benbow, 1202 Scenic Drive, Southlake, opposed;
Donald and Martha Reukema, 908 Shadywood Court, Southlake, opposed; Howard and Viola
LaFevers, 1000 Shadywood Court, Southlake, opposed; Naomi R. Morrison, 701 South
Peytonville Avenue, Southlake, opposed; and, Brandon and Kay Baker, 620 S. Peytonville
Avenue, Southlake, opposed.
A petition of opposition presented by Michael H. Lease, 370 South Peytonville, Avenue, was
received with sixteen (16) signatures stating opposition to rezoning and platting. Of these
signatures, fifteen (15) were within the 200' notification area and one (1) was outside the 200'
notification area. Four (4) reasons for their opposition include: 1) The increased traffic that this
proposed development will being to South Peytonville Avenue is totally unacceptable. The traffic
is already at a dangerous level in the morning and afternoon; 2) Lots 2 through 7 should remain
as platted to maintain the rural setting. Any change in this original platting will upset the existing
community; 3) Public safety vehicles may not have adequate access to this large of a development
without additional access roads; and 4) Possible soil contamination due to years of questionable
fuel oil and other hazardous chemical storage and handling procedures which need to be examined.
Ms. Gandy noted that two (2) letters have been received by residents requesting that their letters
of opposition be removed, therefore, this item does not require a super-majority vote of the
Council for approval. A complete listing of the letters is available in the zoning folder at City
Hall.
Barry Dupree, Toll Brothers, Inc. Mr. Dupree stated Toll Brothers is proposing one hundred
twenty-eight (128) homes in the addition. They have been working on the project for six months
now, meeting with SPIN groups and staff. Currently, one half of the homes will be on one-half
acre lots and the remainder on one acre lots. They have proceeded to move the main traffic flow
from Peytonville Avenue to Continental Blvd. They have made major changes to their
REGULAR CITY COUNCIL MINUTES 9/17/96 MEETING PAGE 9
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recreational area, which will now go next to Lori Livingston. He noted the company develops
most of the land and they build most of their own homes, which are luxury buildings from
$250,000 to $1,200,000, using water features in their additions.
Councilmember Muller expressed concerns with the buffering between the
residential and commercial properties. Mr. Dupree stated they will use berms from
two feet to four feet high; an eight foot masonry wall; and they will put in
landscaping in a fifteen foot easement for the natural look.
Councilmember Martin thanked the developers for preparing a tree survey.
Mr. Dupree stated storm water management is his first concern. He can replace trees.
Jim Giffin, 3002 Briar Lane, Southlake. Mr. Giffin stated he is the owner of the two properties
adjacent to the property in question. He stated the at-large issues include: traffic, water, sewer,
and drainage, and these issues have not been addressed. He stated he feels this development will
change the natural flow of water on his property. His property is adjacent to Lots 5 thru 10 of
this project. When developed, it will change what he can do on his property.
Kie Muzyka, 823 South Peytonville Avenue, Southlake. Mr. Muzyka stated he has no objection
to the development. He stated he was concerned with the drainage and the roadway.
Public comments closed.
Mayor Stacy asked about road impact fees and asked where they will be used?
Ron Harper answered, funds would be applied there.
Councilmember Harris stated the developer is putting in residential in an area that
is next to industrial. He asked the developer if he will stand up to the homeowners
when they come to him to complain. Mr. Dupree stated he does not have a
problem in informing the residents.
Councilmember Muller stated Mr. Giffin has made a good point if this were
reversed, Council would never put industrial near residential.
Councilmember Moffat asked Mr. Dupree how he would explain or comment on
the impact this development would have on the C.I.S.D.? Mr. Dupree stated he
cannot, except that 1/2 acre lots is the most popular in Southlake.
Helena Leepon, consultant with Toll Brothers, Inc. Ms. Leepon addressed staff comments,
adding, when they started, they knew there was a lot of opposition. They are in compliance with
the Land Use Master Plan which was approved by the City Council years ago. It is not the uses
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on Mr. Giffin's property that will be effected. On their property, only eight (8) acres is being
rezoned from commercial to single family zoning. She did comment, however, that they cannot
meet the requirements of ingress-egress.
Council adjourned for recess at 9:40 p.m.
Council returned to open session at 9:50 p,m.
Motion was made to approve Ordinance No. 480-207, 1st reading (ZA 96-81), subject to the Staff
Review Summary No. 4, dated September 13, 1996; changing the setbacks in accordance with
items #6-A, to 30' and adding Lot 4 and Lot 2; with the screen fence exhibit as submitted in the
specs; removing Tract 2A.
Motion: Evans
Second: Martin
Councilmember Scott Martin read the caption of the ordinance.
Ayes: Evans, Martin, Harris, Stacy
Nays: Muller, Moffat
Approved: 4-2 vote
,A._eenda Item #8-B. ZA 96-80. Preliminary Plat for Southlake Woods
ZA 96-80, Preliminary Plat for Southlake Woods, being approximately 113 acres situated in the
W.R. Eaves Survey, Abstract No. 500, being a portion of Tract 2A2, in the T.J. Thompson
Survey, Abstract No. 1502; Tracts ID, 2, 2A, 2A2, 2A3, and 2B and Lots 3, 4, 5, 6, & 7
Aitpark Estates, as recorded in Volume 388~123, Page 99, P.R.T.C.T. and being proposed as the
Southlake Woods Addition. Current zoning is "C-3" General Commemial District, "AG"
Agricultural District, and "SF-1A' Single Family Residential District. Applicant: Toll Brothers,
Inc. Owners: Robert G. Goode, Pat and Eileen Sheehey, and Bernard P. Cosgrove. SPIN
Neighborhood #14 and #15.
Karen Gandy, Zoning Administrator, commented that forty-three (43) notices were sent to
property owners within the 200' notification area and eight (8) written responses have been
received (the listing is the same as in agenda item #8-A).
Planner, Helena Leepon, requested a variance to item #8; the cul-de-sac length will not be a
problem according to Greg Last, Director of Community Development.
Kie Muzyka, passed
Jim Giffin, 3002 Briar Lane, Southlake. Mr. Giffin suggested a linear park be added as a buffer
to the industrial area to create a transitional zone between the industrial and residential lots. He
stated he is thinking of himself and also future residential property owners. He added, he is
willing to work on the drainage with the developers.
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Barry Dupree, applicant, stated he feels if they eliminate eleven lots it will solve the problem.
He stated the bufferyard ordinance was in place and the Master Plan was in place. He does not
feel he should take the brunt of the problem and lose the eleven lots. Lots 2-11 adjoin the
industrial property. He feels it can be worked out. He asked the industrial property owner (Jim
Giffin) to work with him to accomplish a solution to the concern. He stated he could provide a
stub road toward the commercial property, adjacent to F.M, 1709 to provide for future access.
City Engineer, Ron Harper, stated they are looking at using a
median to save the trees on Continental Blvd.
Motion was made to approve ZA 96-80, pursuant to the Staff Review Summery No. 4, dated
September 13, 1996, allowing as stipulated in item #4-A, the requirement for a 30' set back line;
waiving item #8, cul-de-sac length requirement.
Motion: Martin
Second: Evans
Ayes: Muller, Martin, Evans
Nays: Moffat, Harris, Stacy
Approved: 3-3 vote (tie vote)
The applicant requested this item be tabled time certain October I, 1996.
Motion was made to table ZA 96-80, time certain, October 1, 1996, at the request of the
applicant.
Motion: Harris
Second: Martin
Ayes: Harris, Martin, Evans, Muller, Moffat, Stacy
Nays: None
Approved: 6-0 vote (to table)
Agenda Item #8-C, Ordinance No. 480-199. 1st readine (ZA 96-53~
Ordinance No. 480-199, 1st reading (ZA 96-53), Rezoning and Concept Plan for Cotton Patch
Cafe, being approximately 1.10 acres situated in the John A. Freeman Survey, Abstract No. 529,
being a portion of Tract 2. Current zoning is "AG" Agricultural District, with a requested zoning
of "C-2" Local Retail Commercial District. Owner: Mary Frances Vandergriff. Applicant: M
& P Investments. SPIN Neighborhood//8.
The applicant requested this item be tabled, time certain, October 1, 1996, therefore, motion was
made and approved to that affect.
Motion: Harris
Second: Evans
ff" REGULAR CITY COUNCIL MINUTES 9/17/96 MEETING PAGE 12
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Ayes: Harris, Evans, Muller, Moffat, Martin, Stacy
Nays: None
Approved: 6-0 vote (to table)
Agenda Item #8-D. Ordinance No. 480-217. 1st reading (ZA 96-109)
Ordinance No. 480-217, 1st reading (ZA 96-109), Rezoning and Concept Plan for MESCO
Addition, Lots 4 through 7, being approximately 3.788 acres situated in the Thomas Mahan
Survey, Abstract No. 1049, being a portion of Tracts 3Al, 3A2, and 6A, as recorded in Volume
10336, Page 14656, D.R.T.C.T. Current zoning is "I-1 P.IJ.D.' Light Industrial Planned Unit
Development District, with a requested zoning of "C-2" Local Retail Commercial District.
Applicant: Strode Property Company. Owner: Anderson Industries, Inc. SPIN Neighborhood
#6.
Karen Gandy, Zoning Administrator, commented that four (4) notices were sent to property
owners within the 200' notification area and no written responses have been received. Ms. Gandy
commented the zoning request has been requested for amendment to "S-P-2" Generalized Site
Plan District, with all permitted "C-2" uses per the Zoning Ordinance 480, Section 21.2, as
amended, on proposed Lots 5,6, & 7, Block 1, and limited "C-2" and "C-1" uses per the Zoning
Ordinance No. 480, Sections 21.2 and 20.2, respectively, as amended, on proposed lot 4, Block
1, deleting use as outlined in the zoning file.
Adam Richie, Strode Property, Company, was present for the meeting and stated 3.788 acres is
part of a 22.7794 acre tract which has never been platted and is running concurrent with their
request for rezoning and concept plan approval, including the four lots which are a part of the
property tonight. Along SH 114 they took it from a type "J" bufferyard and upgraded it to a type
"K,' which is about a 50% increase in the new trees that will be planted. On Kimball, they
upgraded the 10' bufferyard from a type "A" to a type "C," which would increase the number
of trees by about 25%. Interior yards remained at about 5' but they doubled the planting
requirements, an increase of 100%. Along the rear, they are not required to designate bufferyard
types. They would like to use the money that would be used for a traffic study for some
beautification project. He also commented they have met with the group from SPIN #6, including
SPIN Representative Doug Fierce. Richie stated with regards to trees, they did a tree study on
site to determine which trees can be saved and there are eight (8) that will be saved along SH 114.
There will be 127 new trees in all.
Councilmember Harris asked if he can confer with a traffic engineer and the
applicant stated he will be talking with the city's traffic engineer.
Mayor Stacy asked if he has taken into account the expansion of SH 114. Mr.
Richie replied, "yes.'
PAGE 13
REGULAR CITY COUNCIL MINUTES 9/17/96 MEETING
OF 19
Councilmember Muller stated she feels they do not need a traffic study and Councilmember Scott
Martin stated that the Council appreciates the developer making the changes required by the
Planning and Zoning Commission.
Doug Fierce, SPIN #6 Representative, stated he had a SPIN meeting and there have been minor
changes made since the meeting where residents made suggestions. The concerns of the group
include traffic and saving the trees. The change in the zoning is the result of a SPIN suggestion.
Motion was made to approve the first reading of Ordinance No. 480-217, pursuant to the Staff
Review Summary No. 2 dated September 13, 1996; deleting item #3 and modifying item//2 per
action of the Planning and Zoning Commission on September 5, 1996 and further incorporating
the restricted uses on Lot 4, Block 1, as stated in the staff report dated September 5, 1996.
Motion: Martin
Second: Harris
Mayor Rick Stacy read the caption of the ordinance.
Ayes: Martin, Harris, Evans, Muller, Moffat, Stacy
Nays: None
Approved: 6-0 vote
Aeenda Item//8-E. ZA 96-61. Prellmlnary Plat for MESCO Addition
ZA 96-61, Preliminary Plat for MESCO Addition, Lots 1 through 7, being legally described as
being 22.7794 acres situated in the Thomas Mahan Survey, Abstract No. 1049, being Tracts 3Al,
3A2, and 6A, as recorded in Volume 10336, Page 1466 and Volume 10336, Page 1471, Deed
Records of Tarrant County, Texas. Current zoning is "I-1 P.U.D.' Light Industrial Planned Unit
Development District. Owner: Anderson Industries, Inc. Applicant: Jimmy L. Lane. SPIN
Neighborhood//6.
The Zoning Administrator, Karen Gandy, stated twelve (12) notices were sent to property owners
within the 200' notification area and no written responses have been received. Ms. Gandy noted
the applicant has met all the review comments of the first Plan Review Summary dated May 31,
1996, with the exception of those items addressed in the Plan Review Summary No. 2 dated
August 2, 1996.
Michael Clark, Winklemen and Associates, Dallas, was present representing Anderson Industries.
Mr. Clark stated they want to bring their entire Mesco property into compliance and allow actions
to take place on the property. He noted they have no problem with the Plan Review Summary
dated August 2, 1996.
Councilmember Pamela Muller commented about the intensity of the uses on the
lots on this piece of property and the impact on SH 114, stating she has a problem
PAGE 14
REGULAR CITY COUNCIL MINUTES 9/17/96 MEETING
OF 19
with this until the improvements on SH 114 take place due to safety of ingress-
egress, as just determined on the last tract of property.
Mayor Stacy stated he agrees with Ms. Muller to a point, but there is a major
difference in his opinion. This is a commercial freeway, it is something that we
are all working toward, the city has committed a million dollars to working on the
interchange alone. We have done everything we can humanly do to work with
TxDot. This is not going to add traffic.
Councilmember Muller stated she is deeply concerned as we have a high volume
of accidents in that area of SH 114 and Kimball Avenue. She stated Mr. Moffat
came up with a suggestion that all truck traffic use the right lane on SH 114
through our City.
Mayor Stacy stated when you see this development, you will see that this is a
distance from the traffic.
Councilmember Harris explained that one of the things that TxDot considers in
regards to SH 114 is what kind of traffic will there be. The more the State is
shown there is a need to get moved up on the priority list, the sooner the City will
be moved up on the list.
Motion was made to approve ZA 96-61, subject to the Staff Review Summary No. 2, dated
August 2, 1996.
Motion: Harris
Second: Martin
Ayes: Harris, Martin, Evans, Moffat, Stacy
Nays: Muller
Approved: 5-1 vote
Agenda Item #8-F. Mesco Addition. Lot 1. Block 1. Encroachment Agreement
Greg Last, Director of Community Development, stated the "encroachment agreement" is
requested by Rick Wilhelm on behalf of John Eubanks, Mesco property, for the referenced lot.
The issue is that MESCO wants assurances from the City that the City's not going to require the
removal of MESCO'S existing parking until such time as the City widens Kimball Avenue.
Rick Wilhelm, 1445 Ross Avenue, Dallas, living at 1330 Woodbrook, Southlake. Mr. Wilhelm
stated he is representing Mesco Metal Building, a division of Anderson Industries, stating at the
time final approval is obtained, in Lot 1 he will be required to give 42' right-of-way to the city.
If they continue to park in that location, they will be in violation of the City zoning ordinances.
They are asking for an encroachment agreement allowing them to continue to park there until such
REGULAR CITY COUNCIL MINUTES 9/17/96 MEETING
OF 19
PAGE 15
time as the City needs the right-of-way, at which time they will move the parking to the back.
They have a plan for straight in parking and some parallel parking in front. At this point in time
they wish to keep the status quo and continue to operate as they are now.
Councilmember Harris stated he has visited with Mr. Wilhelm and wants the
record to reflect on page 7 of the encroachment agreement, with reference to the
grantee obtaining a policy of insurance in providing the City with a certificate of
insurance and some verification from the insurance company, and the insurance
limits be raised up to one million dollars.
Rick Stacy stated they have an existing insurance policy and will comply with City
regulations, with the attorneys working out the language.
Coucilmember Scott Martin referenced on page 6, a period of days for
construction of surface parking. Mr. Wilhelm stated 90 days will give them time
to rework the parking area.
Motion was made to approve the encroachment agreement as proposed, subject to resolve of the
changes as discussed.
Motion: Harris
Second: Evans
Ayes: Harris, Evans, Muller, Moffat, Martin, Stacy
Nays: None
Approved: 6-0 vote
Agenda Item #10-B, Developer A~eement for Myers Meadows. Phase III
The discussion of the Developer Agreement for Myers Meadows, Phase III was held by
Councilmembers. Councilmember Harris stated Mr. Fred Joyce, Developer, was satisfied with
the concerns he had with the developer agreement.
The changes in this agreement needing City Council's attention are as follows:
OFF-SITE AND/OR SEWER PRO RATA There will be no Sewer Pro Rata Fee required
because A.C. and Audrey Stone participated in the construction cost of the S-2 Sewer line.
Nonetheless, the homebuilders will be required to pay Sewer Impact Fees.
p,~RK FEES The Developer requested a 50% credit on Park Fees to cover all future
phases (Phase II and III) at the Park Board meeting held on January 9, 1995. At that time,
the Park Board recommended that a 50% credit be given for all remaining phases. Based
upon 96 lots, this will result in a Park Fee of $24,000.
REGULAR CITY COUNCIL MINUTES 9/17/96 MEETING
OF 19
PAGE 16
Motion was made to approve the Developer Agreement for Myers Meadows, Phase III as
stipulated during the discussion.
Motion: Muller
Second: Harris
Ayes: Muller, Harris, Evans, Moffat, Martin, Stacy
Nays: None
Approved: 6-0 vote
Agenda Item #10-D. Award of Bid for Sale/Exchanee of City Pronerty
Curtis Hawk, City Manager, stated as authorized by City Council, notices were put in the
newspaper that the City offered for sale or exchange two parcels of property know as: 1)
approximately seven acres (Tract lC01 and Tract 1C02, Abstract No. 686) adjacent to
Bicentennial Park; 2) being approximately one (1) acre (Tract 2A03A, Abstract No. 474), located
on the south side of East Southlake Blvd., east of South Kimball Avenue. The only bid the City
received was from Park Realty Group for the 1.22 acre tract off East Southlake Blvd, the Lyford
tract. That bid was for $20,000. The tract was appraised by the MAI appraiser hired by the City
at $32,000. It is staff's recommendation that the City reject this bid since it is less than the
appraised fair market value. The City did not receive a bid from PIMA for the property next to
the park, but one was not required in order to work out an agreement with the development. All
that is required is that the City notice the public as mentioned above.
Motion was made to reject the bid for the Lyford property, 1.22 acres of land.
Motion: Muller
Second: Martin
Ayes: Muller, Martin, Moffat, Harris, Evans, Stacy
Nays: None
Approved: 6~0 vote
Agenda Item #11-A. Policy for Council Reimbursement of E ~xpenditures
Mayor Stacy stated this item is on the agenda at his request, as it was discussed in July and the
issue has not been resolved.
Councilmember Scott Martin stated he recalls that it was suggested that a Council policy be
designed after the policy established for City employees. The City Secretary checked with several
cities regarding their policies for Council expenditures.
It was suggested that Council have a committee to work on this matter and report back to Council
in the near future. Councilmembers Pamela Muller, Gary Fawks, and Scott Martin will work on
the committee, with Councilmember Muller serving as chair of the committee. Ms. Muller asked
that the City Secretary also work with the committee. Councilmember Harris asked that the
REGULAR CITY COUNCIL MINUTES 9/17/96 MEETING PAGE 17
OF 19
Committee interface with the City Attorney for purposes of IRS and reporting concerns.
Mayor Stacy stated when a policy is in place, he will approve expenditures up to
the guidelines set by the Council in the policy and all other expenditures will go
before the Council for approval.
,&genda Item #11-B. Free Trade Zone
The City Manager, Curtis Hawk, stated this item is on the agenda so that Council can discuss this
issue. The letter the City received from the Trammel Crow Company points out the need to
discuss these types of exemptions. The City adopted the "goods in transit" exemption (Freeport
Amendment) several years ago. The one remaining exemption which would most benefit
Southlake is what is known as the "free trade zone", proper called the Foreign Trade Zone,
which could be adopted under an agreement with DFW International Airport.
Aeenda Item g2-A. Executive Session. Continued
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.
Council adjourned into executive session at 11:50 p.m.
Council returned to open session at 12:40 a.m.
Agenda Item #2-B. Action NecessaryfExecutive Session
Motion was made to authorize staff to proceed with the appraisal of two properties and to acquire
the property as discussed in executive session.
Motion: Martin
Second: Harris
Ayes: Martin, Harris, Evans, Muller, Moffat, Stacy
Nays: None
Approved: 6-0 vote
Agenda Item #12. Adjournment
The meeting was adjourned at 12:45 am. by Mayor Rick Stacy.
REGULAR CITY COUNCIL MINUTES 9/17/96 MEETING
OF 19
PAGE 18
ATTEST:
L. LeGrand
City Secretary
REGULAR CITY COUNCIL MINUTES 9/17/96 MEETING PAGE 19
OF 19
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CITY OF SOUTHLAKE
SALES TAX REVENUES
six year comparison
1995 -96
revised collected budget balance
budget to date balance percent
$1.522.130 $1 354.263 $167.867 11.03%
FISCAL FISCAL FISCAL ! FISCAL FISCAL FISCAL
YEAR YEAR !. % Inc YEAR % Inc YEAR % Inc YEAR % Inc YEAR % Inc
MONTH 90/91 91/92 -Dec 92/93 -Dec 93/94 -Dec 94/95 -Dec 95196 -Dec
October $44,081 $46,731 6.0% $50,956 9.0% $99,408 95.1% $89,951 -9.5% $128, 43.1%
November 37,117 27,929! -24.8% 42,126 50.8% 50,623 20.2% 52,099 2.9% 111,917 114.8%
December 28,464 33,273 16.9% 33,850 1.7% 70 107.3% 67,243 -4.2% 103 54.6%
January 47,106 40 -15.1% 67,713' 69.2% 106,541 57.3% 95,687' -10.2% 140,362 46.7%
February 22,487 40,106 78.4% 39,351 -1.9% 57,839 47.0% 68,015 17.6% 95,269 40.1%
March 32,955 37,488 13.8% 44,176 17.8% 59,378 34.4% 56,600 -4.7% 103,163 82.3%
April 41,445 57,543 38.8% 68,664 19.3% 87,438 27.3% 88,212 0.9% 137,030 55.3%
May 36,627 41,020> 12.0% 54,623' 33.2% 58,2911 6.7% 81,109 39.1% 109,371 34.8%
s
June 37,894 43,105 13.8% 52,027 20.7% 59,577 14.5% 83,253 39.7% 112,317 34.9%
July 47,017 51,357 9.2% 80,567 56.9% 94,157 16.9% 135,187 43.6% 179,803 33.0%
August 35,951 48,731 35.5% 48,290 -0.9% 58,980 22.1% 109,584 85.8% 132,367 20.8%
September 37,004 42,741 ` 15.5% 54,395 27.3% 75,228 38.3% 106,563 41.7% Q - 100.0%
TOTAL $448,148 $510,036 13.8% $636,738 24.8% $877,615 37.8% $1,033,502 17.8% $1,354,263 46.1%
SLSTAX96.WK4 REPORT DATE 09/13/96
First month of 1/2 cent additional sales tax.
CITY OF SOUTHLAKE
SOUTHLAKE PARKS DEVELOPMENT CORPORATION
SALES TAX REVENUES
1995 -96
revised collected budget balance
budget to date balance percent
$761.065 $677.131 $83.934 11.03 °,4
FISCAL FISCAL FISCAL
YEAR YEAR % Inc YEAR % Inc
MONTH 93/94 49 /95 - Dec 52.x/ 2 - p_e_c
October $0 $44,975 n/a $64,344 43.1%
November 0 26,049 n/a 55,958 114.8%
December 0 33,622 n/a 51,987 54.6%
January 0 47,843 n/a 70,181 46.7%
February 0 34,007 n/a 47,635 40.1%
March 0 28,300 n/a 51,581 82.3%
April 0 44,106 n/a 68,515 55.3%
May 29,145 40,554 39.1% 54,686 34.8%
June 29,788 41,627 39.7% 56,159 34.9%
July 47,079 67,593 43.6% 89,901 33.0%
August 29,490 54,792 85.8% 66,184 20.8%
September 37,614 53,282 41.7% 4 - 100.0%
TOTAL $173,116 $516,751 $677,131 46.1%
SLSTAX96.WK4 09 /13/96