1995-02-07 CITY OF SOUTHLAKE, TEXAS
667 NORTH CARROLL AVENUE
REGULAR CITY COUNCIL MEETING
FEBRUARY 7, 1995
COUNCILMEMBERS PRESENT: Mayor Gary Fickes; Mayor Pro Tem Jerry Farrier; Deputy
Mayor Pro Tern Jon Michael Franks. Members: W. Ralph Evans, Stephen Apple and Michael
Richarme.
COUNCILMEMBER ABSENT: Andy Wambsganss
CITY STAFF PRESENT: Curtis E. Hawk, City Manager; Shana Yelverton, Assistant City
Manager; Kevin Hugman, Assistant to the City Manager; LouAnn Heath, Director of Finance;
Greg Last, Director of Community Development; Bob Whitehead, Director of Public Works;
Billy Campbell, Director of Public Safety; Ron Harper, City Engineer; Tom Elgin, City
Planner; Karen Gandy, Zoning Administrator; Jerry Williams, Deputy Director of Public Safety,
Fire Services; Wayne Olson, City Attorney; and, Sandra L. LeGrand, City Secretary.
WORK SESSION: The work session began at 6:30 p.m. whereby Councilmembers and City
staff reviewed all agenda items for tonight's meeting.
INVOCATION: Councilmember W. Ralph Evans.
The Regular City Council meeting was called to order at 7:00 p.m. by Mayor Gary Fickes.
Agenda Item//2-A. Executive Session
Mayor Fickes 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 advise 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 devises.
Council adjourned into executive session at 7:02 p.m.
Council returned to open session at 8:00 p.m.
Agenda Item g2-B. Action Necessary/Executive Session
No action was necessary as a result of the Executive Session.
Regular City Council Meeting Minutes
February 7, 1995
page two
Agenda Item #3. Anoroval of the Minutes
The minutes of the Regular City Council meeting held on J~nuary 17, 1995 and the Minutes of
the Special City Council meeting held on January 23, 1995 were approved as presented.
Motion: Apple
Second: Evans
Ayes: Apple, Evans, Richarme, Farrier, Franks, Fickes
Nays: None
Approved: 6-0 vote
Councilmember Richarme wanted the record to reflect that he
abstained from voting on the minutes of the Special City Council
meeting held on January 23, 1995.
Agenda Item #4-A. Mayor's Reoort
Mayor Fickes
in celebration
slogan for the
presented a Proclamation to Cub Scouts from Scout Pack 982, who were present
of "Scouting Anniversary Week". As noted in the proclamation this year, the
anniversary celebration is "Character Counts-Be Prepared for the 21st Century".
A proclamation was also prepared in celebration of American History Month, for the National
Society of the Daughters of the American Revolution.
Agenda Item #4-B. City Manager's Reoort
Curtis Hawk announced that a Special City Council will be held on February 14, 1995, from
5:30 to 8:30 p.m. in the City Council Chambers of City Hall.
Agenda Item #4-C. SPIN Reports
Assistant to the City Manager, Shana Yelverton announced that SPIN gl &//2 will be meeting
this week to discuss plans for West Beach property purchased by the City, and on February 23,
1995, at 7:00 p.m. in the Education Center of Solana, Westlake, a Joint City Council-SPIN
Representative Meeting will be held.
Agenda Item #5. Consent Agenda
The consent agenda includes the following items:
5-A. Authorizing the City Manager to enter into an agreement with Municipal Code
Corporation for Codification of City Ordinances.
Regular City Council Meeting Minutes
February 7, 1995
page three
Aeenda Item//5. Continued
Resolution No. 95-04, Calling a General Election for May 6, 1995, for the purpose of
electing Councilmember Place 3, Councilmember Place 4, Councilmember Place 5, and
Judge of Municipal Court.
5-C. Authorizing the Mayor to enter into an Interlocal Agreement for Northeast Street Crime
Unit.
5-D. Authorizing the Mayor to approve Addendum gl to the Joint Utilization Agreement for
the Feasibility and Construction of Carroll Middle School Gymnasium/Recreation Center.
5-E. Amending the Park Use Policy.
Motion was made to approve the Consent Agenda consisting of g5-A, gS-B, gs-c, gS-D, g5-E,
noting that gS-D, is subject to City Attorney approval.
Motion: Richarme
Second: Franks
Ayes: Richarme, Franks, Farrier, Apple, Evans, Fickes
Nays: None
Approved: 6-0 vote
ADDITIONAL INFORMATION ON CONSENT ITEMS
Codification of ordinances was included in FY 94-95 budget, line item 230, Professional
Services, in the amount of $20,000. After review of proposals from American Legal and
Municipal Code Corporation, the City Council approved a contract with Municipal Code
Corporation. Kevin Hugman prepared a comparison of the codification proposals
outlining other factors that favored Municipal Code Corporation.
Resolution No. 95-04, was approved, calling the General Election for May 6, 1995,
where Councilmembers 3,4, & 5 as well as the Judge of Municipal Court, are up for re-
election. The resolution named the election judge and alternate judge, set dates and time
for early voting, set the date of mn-off election if necessary, and other election
procedures.
Interlocal Agreement for Northeast Street Crime Unit, The Police Services Division has
been identifying gang signs and gang activity in the City of Southlake for the past two
years. While activities have been minimal Southlake must be realistic in recognizing
their potential. Director Campbell stated he feels it is in the best interest of the City of
Southlake for Southlake to participate part time with the four cities that make up the
Northeast Street Crimes Unit (Watauga, Keller, Ft. Worth, Bedford, Euless). It is a
Regular City Council Meeting Minutes
February 7, 1995
page four
Aeenda Item #5. Continued
tremendous educational opportunity to learn from what's going on in other communities.
The City will assign an officer one to two days a week for about a four to six week
period and try to work each member of the uniformed service through this task force.
Addendum #1 to the Joint Utilization Agreement Feasibility & Construction of the CMS
Gymnasium/Recreation Center and Construction Update. The change includes
increaseing the budget for the gym construction cost, architectural fees and contingency
to the level approved by the SPDC and City Council when the bids were awarded. The
contractor priced the design change and found that using the footings instead of piers was
a deduction of $23,979. By removing approximately 18" of silty-sand and replacing it
with select fill material was an addition ;of $22,822. This gives the project a total credit
of $1,157. The contractor has lost six weeks to this delay and rain. He will be
requesting an additional six weeks on his contract, which will move the subtantial
completion date to mid-August 1995.
Proposed changes to Park Use Policy. The policy includes all of the new facilities
coming on line with the Bicentennial park expansion and clears up any misinterpretations
of the existing policy. The major changes are defining residents' use instead of non-
profit groups which have cause legal problems for other communities; defining what a
regular meeting entails; and that park facilities are not available for profit or commercial
uses, only for public uses, community benefits and not-for-profit uses.
Agenda Item #6, Public Forum
Gary Hargett, 1125 South White Chapel Blvd., Southlake. Mr. Hargett commented on
diversions of surface drainage, as it related to his property and that of his neighbors. Hargett
read from Section 1108 V.T.A.S. in regards to water.
Juergen Strunck, 200 North Carroll Avenue, Southlake. Mr. Strunck was present representing
the neighbors to the north of his property, regarding the requested "C-3" Zoning on property
on the north-west coruer of North Carroll Avenue and F.M. 1709. He stated this zoning request
did not meet their understanding of the Land Use Plan. He asked Council to not make any
changes to the Land Use Plan in this area for commercial use.
Public forum closed.
Regular City Council Meeting Minutes
February 7, 1995
page five
Mayor Fickes stepped down for items g7-A and/f'/-B
Aeenda Item gT-A. Ordinance No. 480454. 2nd readine (ZA 94-123~
Ordinance No. 480-154, 2nd reading (ZA 94-123), Rezoning request for 1.4065 acres situated
in the Samuel Freeman Survey, Abstract No. 525, Tract 3B2. Current zoning is "Ag~
Agricultural, with a requested zoning of "C-3" General Commercial District. Owner: Mrs.
Belle Lidster. Applicant: Hanover Development Company. SPIN Neighborhood//7.
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. She also
noted this item was tabled by the City Council, at the request of the developer on November 1,
1994, to this date.
Mark Smith, a representative of Hanover Development Company, was present for the meeting
to answer questions of Council.
Councilmember Richarme commented at the last meeting, the City
Council had a general discussion regarding the concept of the
entire area.
Mr. Smith stated they will bring information on their development plan forward at a later date.
The public heating resulted with no comments from the audience.
Councilmember Richarme stated Mr. LaBlanc, with Hanover
Development, has been involved in the Corridor Study process and
is willing to be accommodating of the provisions of the study.
Motion was made to approve Ordinance No. 480-154, 2nd reading.
Motion: Richarme
Second: Evans
Mayor Pro Tern Farrier read the caption of the ordinance.
Ayes: Richarme, Evans, Franks, Apple, Evans
Nays: None
Approved: 5-0 vote
Regular City Council Meeting Minutes
February 7, 1995
page six
A~enda Item/f'/-B, Ordinance No. 480-155.2nd reading (ZA 94-124)
Ordinance No. 480-155, 2nd reading, (ZA 94-124), is a rezoning request for 3.726 acres
situated in the Samuel Freeman Survey, Abstract No. 525, being a portion of Tract 1 of the
W.E. Mayfield Subdivision. Current zoning is "B-2" Commercial Manufacturing District, with
a requested zoning of "C-3" General Commercial District. Owner: Jimmy R. Parker.
Applicant: Hanover Development Company. SPIN Neighborhood #7.
Karen Gandy, Zoning Administrator, commented that eleven (11) notices were sent to property
owners within the 200' notification area and the following responses were received: three written
responses received within the 200' notification area: Belie Lidster, in favor; Robert Lyford, in
favor; and Roy Lee, in favor.
Councilmember Richarme noted we are only weeks away from the
extension of North Kimball, and asked if Bluebonnet will go away.
Greg Last commented, Bluebonnet does not go away, but there is
no classification on the Thoroughfare Plan for Bluebonnet, and
staff would not oppose Bluebonnet going away, from a circulation
standpoint.
Councilmember Apple stated it would be helpful if Council could
have some kind of drawing of this area. This is why Council is
having a problem with this issue.
Councilmember Farrier stated he read into the developer that it is
his desire for Bluebonnet to go away if he is able to involve the
northern tract into his total property.
The public hearing resulted with no comments from the audience.
Motion was made to approve Ordinance No. 480-155, 2nd reading.
Motion: Richarme
Second: Franks
Mayor Pro Tern Farrier read the caption of the ordinance.
Ayes: Richamre, Franks, Apple, Evans, Farrier
Nays: None
Approved: 5-0 vote
Mayor Fickes returned to the Council table.
Regular City Council Meeting Minutes
February 7, 1995
page seven
Aeenda Item/f'/-C. Ordinance No. 480-161.2nd readin~ ZA 94-147
Ordinance No. 480-161, 2nd reading (ZA 94-147), Rezoning for 8.84 acres situated in the T.M.
Hood Survey, Abstract No. 706, Tracts 8A7, 8Al0, and 8A12. Current zoning is "AG"
Agricultural, with a requested zoning of "SF-1A" Single-Family Residential District.
Owners/Applicants: John A. and Kay C. Myers. SPIN Neighborhood #10.
The Zoning Administrator, Karen Gandy, stated thirteen (13) notices were sent to property
owners within the 200' notification area and one written response has been received from Jose
Campbell, opposed. Ms. Gandy stated the applicant has submitted a one-lot Plat Showing to
staff and has plans to build one single-family residence at this time.
Councilmember Richarme asked Ms. Gandy to explain the
difference between residential and residential-estate zoning and
questioned the reason the applicant could not go with residential-
estate zoning. Ms. Gandy responded the applicant choose the
zoning.
The owner or a representative was not present for the meeting.
The public hearing resulted with no comments from the audience.
Motion was made to approve Ordinance No. 480-161, 2nd reading.
Motion: Franks
Second: Richarme
Mayor Fickes read the caption of the ordinance
Ayes: Franks, Richarme, Farrier, Apple, Evans, Fickes
Nays: None
Approved: 6-0 vote
A~,enda Item g7-D. Ordinance No. 480-162 2nd readine, fZA 94-148), Rezonine
Ordinance No. 480-162, 2nd reading (ZA 94-148), Rezoning for 0.9441 acre tract of land
situated in the T.J. Thompson Survey, Abstract No. 1502, Tract 1B1B1. Current zoning is
"AG" Agricultural, with a requested zoning of "SF-30" Single-Family Residential District.
Owner: Elsie C. McLendon Estate. Applicant: Larry and Denise Overby. SPIN
Neighborhood #15.
Karen Gandy, Zoning Administrator stated, eight (8) notices were sent to property owners within
the 200' notification area, and no written responses have been received. The applicant has
requested a variance from ZBA to allow a septic system on this lot. This request will be heard
on February 16, 1995.
Regular City Council Meeting Minutes
February 7, 1995
page eight
Agenda Item gT-D. Continued
Larry and Denise Overby were present for the meeting to answer questions of Council.
The public heating resulted with no comments from the audience.
Motion was made to approve Ordinance No. 480-162, 2nd reading.
Motion: Apple
Second: Farrier
Mayor Fickes read the caption of the ordinance into the record.
Ayes: Apple, Farrier, Franks, Richarme, Evans, Fickes
Nays: None
Approved: 6-0 vote
Agenda Item #7-E. Ordinance No. 480~163.2nd reading (ZA 94-149L
Ordinance No. 480-163, 2nd reading (ZA 94-149), Rezoning for 6.0 acres situated in the T.M.
Hood Survey, Abstract No. 706, Tract 2Al. Current zoning is "AG" Agricultural, with a
requested zoning of "SF-1A" Single-Family Residential District. Owner/Applicant: Robert H.
Moss. SPIN Neighborhood #11.
The Zoning Administrator, Karen Gandy, noted ten (10) notices were sent to property owners
within the 200' notification area and no written responses have been received.
Councilmember Richarme stated this is similar to the last zoning
case. Are there any factors that would present this to be
Residential Estate. Ms. Gandy stated the acreage is just under the
requirement.
Robert Moss, Applicant, was present for the meeting.
The public hearing resulted with no comments from the audience.
Motion was made to approve Ordinance No. 480-163, 2nd reading.
Motion: Evans
Second: Franks
Mayor Fickes read the caption of the ordinance.
Ayes: Evans, Franks, Apple, Richarme, Farrier, Fickes
Nays: None
Approved: 6-0 vote
Regular City Council Meeting Minutes
February 7, 1995
page nine
Agenda Item #7-F. Ordinance NO. 631.2nd readin~ Perimeter Street Fee
Ordinance No. 631, 2nd reading, the Perimeter Street Fee Ordinance, was presented by Bob
Whitehead, Director of Public Works. Mr. Whitehead stated the ordinance establishes that ail
non-residential development and ail residentiai development that require a developer agreement
and abut one or more streets shail pay a perimeter street fee. This will exclude the one and two
lot residential plats that do no require any public infrastructure to be built. The fee charged to
the developer shail be the fee in effect at the time of the submittal of the final plat.
Councilmember Richarme thanked staff for putting this ordinance
together, as it ailows the developers to pay fees, as they should.
City Attorney, Wayne Olson stated, the purpose of this ordinance
is to reimburse the City for costs its going to incur because of the
demands the developers are putting on the street. "It is an equal
exchange between the development and the burdens put on the
public and the citizens of the city because of that development",
according to Olson.
Councilmember Farrier stated it troubles him to think we are
building in another "developer-council" negotiation, because these
are burdensome. It puts a tremendous burden on the developer to
not know what he is going to get until he gets to this point. For
Council to make fair and equatable decisions on everyone that
comes through is going to be difficult.
Councilmember Richarme stated he feels the uncertainly is because
we do not have the Land Use Plan and Thoroughfare Plan locked
down.
Mayor Fickes stated he has heard, "we do not want divided roads,
we want bar-ditches. '
Councilmember Franks stated he is concerned because of the
fairness and consistency of what the attorney has said because of
the open endedness of the ordinance.
Councilmember Evans stated, if we had specific timetables, would
we be able to tie it to that?
Regular City Council Meeting Minutes
February 7, 1995
page ten
A~enda Item/tY-F. Continued
Public Hearing:
Dennis McGrath, 2403 North Carroll Avenue, Southlake. Mr. McGrath stated he feels it is time
this ordinance came about and time for fees to be paid by the developers. He feels the fees
should be for the ultimate road construction; they would be equal. If City Council does not do
this, the tax payers will have to pay for the roads.
Councilmember Richarme stated he would like to move forward
with this ordinance, with a one year follow-up, to determine how
this ordinance has worked in one year.
Motion was made to approve Ordinance No. 631, 2nd reading.
Motion: Richarme
Second: Evans
Mayor Fickes read the caption of the ordinance into the record.
Ayes: Richarme, Evans, Apple, Franks, Farrier, Fickes
Nays: None
Approved: 6-0 vote
City Manager, Curtis Hawk, stated within the next two City
Council meetings, he will request the appointment of members to
the Capital Improvements Committee for the review of water,
sewer and streets.
A~enda Item //7-G. Resolution No. 95-05. amendin~ Fee Schedule to include Perimeter
Street Fees.
Bob Whitehead, Director of Public Works, stated this resolution will create the Perimeter Street
Fee cost calculations. The Perimeter Street Fee will add the per linear foot estimates to the
Schedule of Fees, Section III, Public Works Activities. Presently the cost is calculated at
$50,000 per mile or $9.47 per linear foot.
A copy of the information provided by Cheatham and Associates dated January 27, 1995,
entitled, "Estimated Costs for Perimeter Streets to be used in Perimeter Street Ordinance", as
well as the exhibit "A" attached to Resolution No. 95-05, is hereby attached to the minutes of
the meeting.
Regular City Council Meeting Minutes
February 7, 1995
page eleven
Agnda Item #'/-G. Continued
Motion was made to approve Resolution No. 95-05, as presented.
Motion: Apple
Second: Richarme
Ayes: Apple, Richarme, Evans, Franks, Farrier, Fickes
Nays: None
Approved: 6-0 vote
Agenda Item #8-A. Ordinance No. 480-143.1st reading (ZA 94-853
Ordinance No. 480-143, 1st reading (ZA 94-85), Rezoning and Development Plan of Versailles,
being a 78.046 acre tract of land situated in the J.W. Hale Survey, Abstract No. 803, Tracts lA
and lA3. Current zoning is "SF-20B" Single-Family Residential District. Requested zoning is
"R~P-U-D" Residential Planned Unit Development. Owner: Kercho Kochweop Partnership.
Applicant: Versailles, Ltd., John Dickerson, Agent.
At the request of the developer, motion was made to table this item until the February 21, 1995,
City Council meeting.
Motion: Apple
Second: Franks
Ayes: Apple, Franks, Farrier, Richarme, Evans, Fickes
Nays: None
Approved: 6-0 vote
Agenda Item #8-B. Ordinance No. 633. 1st readine, amending the Fire Code. Ordinance
No. 572.
Billy Campbell, Director of Public Safety, introduced Ordinance No. 633, stating the Uniform
Fire Code allows Fire Services to place key boxes on buildings when deemed necessary. Life
and health safety interests of the citizens of Southlake are enhanced by the use of key boxes.
There are several factors which play into this policy decision. The proposed amendment to the
Uniform Fire Code 1991 Edition, Section 10.302 which would provide a better understanding
of this requirement and ensure that the response time for fire, EMS and police is not hindered
because of inaccessibility or complicated entry to the particular areas of commercial buildings,
driveway gates or security gates.
According to Campbell, there are numerous dwellings within the City with expensively adorned
entrance ways, doors, windows, etc. They are usually alarmed for fire, crime and EMS
protection. In the commercial areas most have expensive entry ways that if denied access by
police, fire and EMS personnel, could be partially destroyed to gain entry during those non-
business hours. The City established the key box policy several years ago and chose the Knox
Regular City Council Meeting Minutes
February 7, 1995
page twelve
Agenda Item #8-B. Continued
Box because of the security and national reputation of these particular key boxes and have had
tremendous cooperation with commercial buildings and gated driveways within the City. There
are currently approximately 52 keyed facilities in Southlake from private gates to shopping
centers and staff recommends that Council adopt this amendment.
Campbell commented the one time cost is from $101. to $165. Security is a concern for
business owners. The security electronic device can only be opened by a signal from the
communicator.
The City Manager, Curtis Hawk, stated he wanted to bring this
ordinance back to staff where some of Council's questions can be
answered, placing the item on agenda again at a later date.
Mayor Fickes asked for data on false alarms in commercial
buildings.
Motion was made to table Ordinance No. 8-B, until the 1st meeting in April.
Motion: Evans
Second: Richarme
Ayes: Evans, Richarme, Farrier, Franks, Apple, Fickes
Nays: None
Approved: 6-0 vote (to table)
Council adjourned for recess at 9:40 p.m.
Council returned to open session at 9:45 p.m.
Agenda Item #10-A, Develot}er Aereement for Wakefield Addition,
Bob Whitehead, Director of Public Works, led the discussion on the Developer Agreement for
Wakefield Addition, stating the agreement contains the standard requirements for the provision
of water and sewer. The requirement relating to maintenance bonds, performance bonds and
payment bonds, and fees to be paid to the city are included in the agreement. Conditions unique
to this Addition are as follows:
Page 9, Section A., OFF-SITE AND/OR SEWER PRO RATE: stated the
Developer will pay sewer pro rata. At this time, staff does not have the dollar
amounts for sewer pro rata.
Regular City Council Meeting Minutes
February 7, 1995
page thirteen
Agenda Item #10-A. Continued
An additional paragraph is added that will allow Developer to transport any
sewage to an appropriate disposal site designated by the City until the sewer main
becomes available.
Page 9, Section B.,OFF-SITE DRAINAGE: states that Developer will pay
$3,168.18 towards replacing critical drainage structure. These funds are the
Addition's pro rata share for two critical structures located in West Dove Rd. and
North White Chapel. These costs are based upon the recent Drainage Study
completed by Cheatham and Associates.
Page 10, Section C., OFF-SITE WATER: provides for water facilities to be
installed in accordance with plans and specifications and Developer will be
responsible for all construction costs.
Page 10, Section D., PARK FEES: states that Developer will pay park fees in
the amount of $3,000.
Page 10, Section E., PERIMETER STREET FEE; provides for payment of the
Perimeter Street Fee. The Addition abuts North Peytonville Ave. by 237.75 feet,
therefore, the fee will be $2,251.49.
Richard Crowe, 1502 Plantation Drive, Southlake. Mr. Crowe stated he wants to be sure that
the competing projects next to his, has the same fees as his, so he can be competitive.
Motion was made to approve the Developer Agreement for Wakefield Addition.
Motion: Richarme
Second: Apple
Ayes: Richarme, Apple, Evans, Farrier, Franks, Fickes
Nays: None
Approved: 6-0 vote
Aeenda Item #10-B. Develooer A~reement for Pheasant Ridee Addition.
The Director of Public Works, Bob Whitehead, led the discussion regarding the Developer
Agreement for Pheasant Ridge Addition. Developer, Richard Crowe was present. The
conditions unique to this agreement include:
Page 9, Section A., OFF-SITE AND/OR SEWER PRO RATA: states that the
Developer will pay sewer pro rata.
Regular City Council Meeting Minutes
February 7, 1995
page fourteen
Aeenda Item #10-B. Continued
An additional paragraph is added that will allow the Developer to transport any
sewage to an appropriate disposal site designated by the City until the sewer main
becomes available.
Page 9, Section B., OFF-SITE DRAINAGE: states that Developer will pay
$4,422.67 towards replacing critical drainage structure. These funds are the
Addition's pro rata share for two drainage basins located in West Dove Road and
North White Chapel Blvd. These costs are based upon the recent Drainage Study
completed by Cheatham and Associates.
Page 10, Section C., PARK FEES: states the Developer will pay the required
Park Fee of $4,500. based upon nine lots at $500 each.
Page 10, Section D., OFF-SITE STREET; states the Developer will construct the
temporary turn-around at the east end of Pheasant Lane in the Hillwood Estates
Addition.
Richard Crowe, 1502 Plantation, Southlake. Mr. Crowe stated on the temporary turn-around,
his engineers have told him that all he has to do is put in the curb. Speaking to the
homeowners, they expect someone to put in new lawns and extend their driveways, This is what
they were told when they bought their lots. This gets very expensive, according to Mr. Crowe.
He stated, he does mind putting in the curbs. But he does not want to take on the responsibility
of extending the driveways, putting in lawns and sprinkler systems, to make these two
homeowners happy.
Bob Whitehead stated the developer should put in the curb and remove the
asphalt. If their is a new driveway extended, it will need to be extended out to
the new curb to accommodate the driveway.
Greg Last, Director of Community Development, stated it is very much an
industry standard when you connect to an existing road with a temporary turn-
around to remove the turn-around and re-establish grass and put in a curb. Every
city he has ever worked in has required this. It is an industry standard.
Mayor Fickes asked staff to draft a letter for Mr. Crowe, that will indemnify Mr.
Crowe from further liability. City Attorney, Wayne Olson, is to draft the
document for Mr. Crowe.
Regular City Council Meeting Minutes
February 7, 1995
page fifteen
Agenda Item #10-B. Continued
Motion was made to approve the Developer Agreement for Pheasant Ridge Addition with the
addition that the City Attorney will provide a letter to Mr. Crowe specifying the terms and
conditions of the temporary turn-around and indemnification of the homeowners by Mr. Crowe.
Motion: Richarme
Second: Farrier
Ayes: Richarme, Farrier, Franks, Apple, Evans, Fickes
Nays: None
Approved: 6-0 vote
Agenda Item #10-C. Amendment to the Develonment for Oak Tree Estates
Greg Last, Director of Community Development, explained the request for an amendment to the
Developers Agreement for Oak Tree Estates, adding, this is somewhat unique, more from a
procedural standpoint than a technical standpoint. Mr. Last commented, typically, a developer
would propose these types of improvements as a part of the Concept Plan approval process.
These improvements were not a part of the Concept Plan and staff feels that Council should be
aware of these improvements.
The only area of potential concern would be whether or not the larger pavilion in the common
area near the intersection of the interior streets should adhere to a building line setback. The
city does not typically require setback lines in common areas and grass was not required on the
plat of this property. The slopes on the site require a retaining wall at that location and the
proposed pavilion would be constructed above the wall. This intersection is not a major
intersection within the development and we do not anticipate sight visibility problems. Approval
of the amendment to the Developers Agreement, Section II.F, would allow the construction of
the proposed amenity improvements as submitted by the developer.
Mr. John Papagolos was present for the meeting to answer questions of Council.
Motion was made to approve the amendment to the Developers Agreement for Oak Tree Estates
as discussed.
Motion: Franks
Second: Richarme
Ayes: Franks, Richarme, Farrier, Apple, Evans, Fickes
Nays: None
Approved: 6-0 vote
Regular City Council Meeting Minutes
February 7, 1995
page sixteen
Agenda Item #11-A. Discussion: Code of Ethics
Curtis Hawk, City Manager, led the discussion and asked for Council direction regarding the
new Charter Amendment which requires the City to adopt a Code of Ethics and Conduct Policy.
He stated he does not anticipate a lot of discussion tonight but stated staff needs direction. If
there is not direction, he will proceed with what is presented tonight along with suggestions of
City Attorney, Analeslie Muncy.
Mayor Fickes stated he feels we should get copies of the Texas Ethics
Commissions' suggested code, along with Code of some other cities.
Stephen Apple stated we originally got information from our City Attorney,
Analeslie Muncy. He stated he tends to lean toward the yellow copy, than with
the example in blue.
Councilmember Richarme stated he listed four items he wants to see in the code
that we adopt. He stated this is based on his personal belief system and partly
based on feedback he has been getting from citizens as the result of the election.
Including: 1) every city official (elected, appointed, or employee )get an annual
receipt of the code; 2) provide back to the City a signature, acknowledging
understanding of the code; 3) every board or applicant get a copy of the code;
and 4) not make appointments to people who do business with the City, or make
a profit from the city or people who directly do business with City should not be
able to run for City Council or do not do business with the City.
Councilmember Farrier stated he feels we should adopt a method of disclosure.
Councilmember Franks asked the City Attorney to get pending legislation
regarding this issue.
Curtis Hawk stated he will continue to get examples of codes from other places and from the
State and bring them back to Council in the near future.
Allenda Item #11-B. Discussion: Water Rates for Homeowners Associations' Common
Areas
Curtis Hawk stated the homeowners associations by-and-large would like to see their bill reduced
as the result of the city considering water meters for homeowners associations to be classified
as commercial customers. I can accept and agree with a rationale that classifies a homeowners'
association, that has been turned over to the homeowners, as being a residential customer
account.
Regular City Council Meeting Minutes
February 7, 1995
page seventeen
Agenda Item #11-B. Continued
Under our current water rates, the minimum residential bill is $26.16 for the first 2,000 gallons
used, then $3.00 for each 1,000 gallons thereafter. The minimum commercial bill (1" meter)
is $41.20 for the first 3,000 gallons, then $3.00 of each 1,000 gallons thereafter. Thus, as a
comparison, 3,000 gallons of water at a residential rate would be $29.16, while at a commercial
rate $41.20, for a difference of $12.04 per month. After the first 3,000 gallons, the rate is the
same. Mr. Hawk stated he has some concerns about not charging the minimum each month, for
example, during the off season. Although the homeowners association may not be watering
landscaping during the off season, the City must stand ready to supply them during the summer,
and they contribute to the peak charge. The minimum bill is designed to help recapture fixed
costs associated with the peak. Therefore, the citizens who are not part of the homeowners
associations would be subsidizing the added costs if the associations did not pay the minimum
bill. Mr. Hawk stated the only difference in residential and commercial rates is $12.00.
Mr. Hawk suggested the developers agreement be amended to say the developer maintain the
common areas for two years and when the homeowners associations take over, what do they
pay?
Mayor Fickes stated he feels most homeowners associations do have dues,
however, everything is real new. He does not have a problem with charging a
residential rate. There will come a time when the City will need to pay for this
water, however, this is not the time. He stated in his addition, each property
owner pays $350. per year.
Councilmember Evans stated he feels it is up to the homeowners associations,
whether or not they want to have common areas.
Curtis Hawk stated staff will make the change administratively (as the decision
was originally made administratively) that the developers will be charged the
commercial rate, but once it is turned over to the homeowners associations, it will
be charged a residential rate.
Agenda Item #2-A. Executive Session. Continued
Mayor Fickes announced that Council would be returning to executive session, pursuant to the
Open Meetings Act, Chapter 551 of the Texas Government Code, Sections 551.071,551.072,
551.074, 551.076.
Council returned to executive session at 10:55 p.m.
Council returned to open session at 11:45 p.m.
Regular City Council Meeting Minutes
February 7, 1995
page eighteen
A~,enda Item #2-B Action Neeessarv/Exeeutlve Session
No action was necessary as the result of the executive session.
A~enda Item//12. Adjournment
The meeting was adjourned at 11:45 p.m., by Mayor Gary Fickes.
ATI'EST:
gandra L. LeGiand
City Secretary
THE STATE O TEXAS *
COUNTY OF t
■
I, • _ . S
__ as a member of the Ccj...•- -1
make .ffidavit and hereby on oath state the following: I,
and /or a person or persons related to me, have a substantial
interest in a business entity that would be peculiarly affected by
a vote or decision of the as
those terms are defined in Chapter 171, Texas Local Government Code.
'
The business entity is \'‘.. , k .
(name and address)
I have a substantial interest in this business entity for the
following reasons: (Check all which are applicable)
P r' Ownership of 10% or more of the voting stock or
shares of the business entity.
J ' Ownership of 10% or more or $5,000 or more of the
fair market value of the business entity.
b' Funds received from the business entity exceed 100
of gross income for the previous year.
N K Real property is involved and
have an equitable or legal ownership with a fair
��\ market value of at least $2,500.
r ,~ A relative of mine has a substantial interest in the
business entity or property that would be affected
by a decision of the public body of which I am a
member.
Upon filing of this affidavit with the City Secretary, I affirm
that I will abstain from voting on any decision involving this
business entity and from any further participation on this matter
whatsoever.
Signed this 7 day of , 195c.
Z aw.►+tP Arc-4%4,35 -r- !—
g, ��FAr t � Ar ,. tiykt S P/-14 - e .5.4-9 gnatu of offs /
ial
3., tcietS J
Title
BEFORE ,E, t dersigned authority, this day personally appeared
,.,C, GV and on oath stated that the
facts er: nabove stated are true to the best of /X
knowledge or belief. /
Sworn Atzo, and subscribed to gfore me on this 7 day of
3 Y i SANDRA L. LEGRI�ND "l /J a ;; # NOTARY PUBLIC iiiit,
tary Public in and for
•A � , ,,. .v State of Texas the State of Texas
4 it' Comm. Exp. 02 -04 -97
My Commission Expires: `� 1a Yi k, 1.e)6--)7a IU--
Type/Print Notary's Name
,), /q/9....)
City of Southlake, Texas
CITY COUNCIL MEETING
SIGN UP IF YOU WISH TO SPEAK DURING THE MEETING
DATE: l 7
1
NAME ADDRESS TELEPHONE AGENDA I'T'EM
' UG(Z j e r i STR U! C K Z00 N. GAJZ1 L / ) / - 3 6 ( MN A
f 61x y 6 # //?- � - wh; � � ti /V (. /m )44,47d. fe