1993-06-01 CITY OF SOUTHLAKEt TEXAS
NORTH CARROLL AVENUEt SOUTHLAKE
REGULAR CITY COUNCIL MEETING
JUNE It 1993
MINUTES
COUNCILMEMBERS PRESENT: Mayor Pro Tem Jerry Farrier. Members:
Jon Michael Franks, Andrew Wambsganss, Stephen Apple, and W. Ralph
Evans.
COUNCILMEMBERS ABSENT: Mayor Gary Fickes and Councilmember Barry
E~erson.
CITY STAFF PRESENT: Curtis Hawk, city Manager; Billy Campbell,
Director of Public Safety; LouAnn Heath, Director of Finance; Bob
Whitehead, Director of Public Works; Greg Last, Director of
community Development; Karen Gandy, Zoning Administrator; Eddie
Cheatham, City Engineer; Malcolm Jackson, Deputy Director of Public
Safety, Police Services; Eddie Wilson, Code Enforcement officer;
Wayne Olson, City Attorney; and, Sandra L. LeGrand, City Secretary.
INVOCATION: Councilmember Ralph Evans.
WORK SESSION: The Work Session began at 6:30 p.m., where
Councilmembers and Staff present were able to review agenda items
for tonight's meeting.
REGULAR CITY COUNCIL MEETING: The Regular city Council meeting was
called to order at 7:07 p.m., by Mayor Pro Tem Jerry Farrier, in
the absence of Mayor Fickes who is on vacation and out of state.
Aqenda Item ~I-B, Executive Session
Mayor Pro Tem Jerry Farrier advised the audience that Council would
be going into executive session pursuant to Section 2(e) 2(f) 2(g)
2(j) of the Open Meetings Act, to seek the advice of our city
Attorney with respect to pending and contemplated litigations, to
discuss the purchase, exchange, lease or sale of real property, and
to consider the appointment and evaluation of public officials and
regarding the deployment of specific occasions for implementation
of security personnel or devices.
Council adjourned into executive session at 7:07 p.m.
Council returned to Open Session at 7:55
Aqenda Item ~1-C, Action Necessary/Executive Session
Motion was made to authorize the city Attorney to proceed with the
settlement negotiations in the lawsuit as discussed in executive
session, and to seek and obtain an indemnification agreement
regarding Crossroads Square.
Regular City Council Meeting Minutes
June 1, 1993
page two
Agenda Item ~1-C, Continued
Motion: Franks
Second: Wambsganss
Ayes: Franks, Wambsganss,
Nays: None
Approved: 5-0 vote
Evans, Apple,
Farrier
Agenda Item ~2, Approval of the Minutes
The Minutes of the Regular City Council Meeting held on May
1993, were approved as presented.
Motion: Evans
Second: Wambsganss
Ayes: Evans, Wambsganss, Franks, Farrier
Nays: None
Abstention: Apple
Approved: 4-0-1
18,
Agenda Item ~3, Mayor's Report
During the Mayor's Report, Councilmember Stephen Apple presented
Proclamations to the following:
1)
An American Field Service (AFS) student from Indonesia,
Anne Budianto, a young woman who was in Southlake, living
with a Southlake Family from August 1992 to June 1993.
2)
An American Field Service (AFS) student from Italy, Cesare
Pautasso, who has lived with a Southlake family from
August 1992, to June 1993, and,
3)
An American Field Service (AFS) teacher from Thailand, who
taught geography, and Thai culture at all grade levels in
every school in the Carroll I.S.D., teaching English as a
Second Language. Aphinan Nilsawad41 has lived with a
Southlake family from August 1992 to June 1993.
Agenda Item #4, city Manager's Report
The City Manager, Curtis Hawk, stated he has successfully filled
the position held by Chris Terry, of Assistant to the City Manager.
Shana Rice, will start work on June 17, 1993, adding, 155
applications were received for the position. Of the 155, 49 met the
minimum qualifications. Hawk added, it was a tough decision, and he
knows Council will be pleased with his decision to hire Ms. Rice.
Regular City Council Meeting Minutes
June 1, 1993
page three
Agenda Item ~5, Consent Agenda
The Consent agenda consisted of item 5-A, Permission to advertise
for a Breathing Air Compressor for the Department of Public Safety,
Fire Services.
Motion was made
Motion: Apple
Second: Evans
Ayes: Apple,
Nays: None
Approved:
to approve the consent agenda as noted above.
Evans, Wambsganss, Franks, Farrier
5-0 vote
Additional Information on the Consent Item
5-A. The Department of Public Safety, Fire Services, has in their
budget $4,500 for the purchase of a used breathing air compressor
from City of Grapevine. Director Williams has investigated the
system thoroughly and feels that it may not be in as good of
condition as originally thought. It is believed that for
approximately $1,000 more than the existing budget, a new unit
could be purchased. Additional monies can currently be transferred
within the Fire Services Budget for this purchase.
Agenda Item #6, Public Forum
No comments were made during the public forum.
Agenda Item #?-A, Ordinance No. 583, 2nd readina. Franchise
Agreement with Sammons Cable Company for Cable Service.
The City Manager, Curtis Hawk stated in regard to Ordinance No.
583, 2nd reading, the franchise agreement with Sammons Cable
Company, that two (2) issues remain unsolved. The indemnity clause
and the federal cable regulations. Mr. Soulsby, General Manager
with Sammons Cable Company stated he would like for city Council to
try and reach a middle ground.
Wayne Olson, City Attorney, stated the city will regulate Sammons
to the extent that the Federal Law Regulates.
Mr. Soulsby asked if City Council could table this item once again,
time certain, June 15, 1993, so that their attorney could provide
input into the agreement.
Regular City Council Meeting Minutes
June 1, 1993
page four
Aqenda Item #7-A, Continued
Motion was made to table Ordinance No. 583, 2nd reading, Franchise
Agreement with Sammons Cable Company, time certain, June 15, 1993,
continuing the public hearing at that time.
Motion: Franks
Second: Wambsganss
Ayes: Franks, Wambsganss, Apple, Evans, Farrier
Nays: None
Approved: 5-0 vote (to table)
Aaenda Item #8-A, Ordinance No. 585, 1st readlna, Tree Preservation
Ordinance
Greg Last, Director of Community Development, stated no changes
have been made since the last meeting. The City Attorney's office
made the review of the ordinance, prior to this meeting.
Ayes:
Nays:
Approved:
1st reading of Ordinance No. 585,
Motion was made to approve the
Tree Preservation Ordinance.
Motion: Wambsganss
Second: Apple
Mayor Pro Tem Farrier read the caption of the ordinance.
Wambsganss, Apple, Evans, Franks, Farrier
None
5-0 vote
Agenda Item ~8-B, Ordinance No. 480-L, 1st reading, Relatin~ to
Variances in the P.U.D., S-P-l, and S-P-2 Zoninq Districts.
Karen Gandy, Zoning Administrator, noted Ordinance No. 480-L
provides a variance procedure to properties within the "P.U.D.",
"S-P-l", and "S-P-2" districts by empowering the Board of
Adjustments to grant variances within limits (10% of the required
yard) per the established procedure in Section 44, "Board of
Adjustments," of the zoning ordinance.
Motion was made to approve 1st reading of Ordinance No. 480-L, as
presented.
Motion: Apple
Second: Franks
Mayor Pro Tem Farrier, read the caption of the ordinance.
Ayes: Apple, Franks, Evans, Wambsganss, Farrier
Nays: None
Approved: 5-0 vote
Regular City Council Meeting Minutes
June 1, 1993
page five
Agenda Item ~8-c, Ordinance No. 480-86, 1st reading (ZA 93-19)
Ordinance No. 480-86, 1st reading, is a rezoning for approximately
2.854 acres situated in the Thomas M. Hood Survey, Abstract No.
706, Tracts A and A1 of the Burger Addition. Current zoning is
"AG" Agricultural, request is for the "SF-1A" Single Family
Residential District. Owner/Applicant: James E & Emma F. Burger.
Zoning Administrator, Karen Gandy, noted this property was
originally platted in 1980 as a "gift of love." This platting
process did not require zoning approval at the time of platting.
Six (6) notices were sent to property owners within 200' and to
date, no responses have been received.
Motion was made to approve the 1st reading of Ordinance No. 480-86,
as presented.
Motion: Franks
Second: Evans
Mayor Pro Tem Farrier, read the caption of the ordinance.
Ayes: Franks, Evans, Apple, Wambsganss, Farrier
Nays: None
Approved: 5-0 vote
Agenda Item ~8-D, ZA 93-20, Preliminary Plat of Owens Addition
ZA 93-20 is a preliminary plat for Owens Addition being 19.995
acres situated in the Littleberry G. Hall Survey, Abstract No. 686,
Tracts 3F and 3G. Owner/Applicant: Ernest R. Owen.
The zoning Administrator, Karen Gandy noted Mr. Owen proposes
placing one (1) single family residence on this property. Eighteen
(18) notices were sent to property owners within 200' and to date,
she has received two (2) notices, both in favor: Terri Sivey, 316
Blanco Circle and Ned Conner, 320 Blanco Circle. She received one
verbal response in favor, from Roy Stacy.
Motion was made to approve the Preliminary Plat of Owens Addition,
as presented, subject to the second Plat Review Summary dated May
28, 1993.
Motion: Evans
Second: Franks
Ayes: Wambsganss, Franks, Evans, Apple, Farrier
Nays: None
Approved: 5-0 vote
Regular city Council Meeting Minutes
June 1, 1993
page six
Aqenda Item ~8-E, Final Plat of Owens Addition, ZA 93-21
The Final plat of Owens Addition being 19.995 acres situated in the
Littleberry G. Hall Survey, Abstract No. 696, Tracts 3F and 3G.
Owner/Applicant: Ernest R. Owen.
The Zoning Administrator, Karen Gandy, stated on May 20, 1993, the
Planning and Zoning Commission approved the Final Plat subject to
the Plat Review Summary Dated may 14, 1993. The second Plat Review
Summary dated may 28, 1993, was presented.
Motion was made to approve ZA 93-21, final plat of Owens Addition,
subject to the second Plat Review Summary dated May 28, 1993.
Motion: Wambsganss
Second: Franks
Ayes: Wambsganss, Franks, Evans, Apple, Farrier
Nays: None
Approved: 5-0 vote
Agenda Item ~8-F, ZA 93-22, Final Plat of Oakwood Estates, Phase II
ZA 93-22, Final Plat of Oakwood Estates, Phase II, being 20.21
acres situated in the R.D. Price Survey, Abstract No. 1003, and the
H.A. Throop Survey, Abstract No. 1273, and being subdivided into
Lots 9-22, Block 1, and Lot 1, Block 2. Owner/Applicant: Tim
Fleet dba VLMC, Inc.
On May 20, 1993, The Planning and Zoning Commission approved the
Final Plat, subject to the Plat Review Summary dated May 14, 1993.
Motion was made to approve ZA 93-22, Final Plat of Oakwood Estates,
Phase II, subject to the second Plat Review Summary dated May 28,
1993.
Motion: Apple
Second: Wambsganss
Ayes: Apple, Wambsganss, Evans, Franks, Farrier
Nays: None
Approved: 5-0 vote
Agenda Item #8-G, Ordinance No. 580, 1st readin=, Calling a Special
Election for the Purpose of Levying a Sales and Use Tax
LouAnn Heath, Director of Finance introduced this agenda item,
stating City Council appointed a Task Force in September 1992, to
explore the feasibility of Southlake adopting a 1/2 cent sales tax
for the benefit of an Economic Development Corporation for the
purpose of developing public parks, a library, and other projects
as permitted by statutes. At the February 16, 1993, City Council
meeting, chairman of the Task Force, Larry Goldstein, stated the
Regular City Council Meeting Minutes
June 1, 1993
page seven
Aqenda Item ~8-G, continued
committee had met recently to discuss the 1/2 cent sales tax. Due
to concerns over other issues that were possibly going to be on
the May 1 Election Ballot, the Task Force recommended that Council
delay the 1/2 cent sales tax election until the August 14, 1993,
Election Ballot. The August 14, 1993, election date is 75 days
from June 1, a very short time frame within which to work on this
very important issue. It is recommended that the Council delay
this election until the November 2 uniform election date.
Councilmember Wambsganss stated he is usually not in favor of any
tax increase, therefore, it is a good idea to give additional time
for study of this issue.
Motion was made to remove Ordinance No. 580 from the agenda, with
the possibility of bringing the item back for Council review in
time for a November, 1993 Special Election.
Motion: Apple
Second: Wambsganss
Ayes: Apple, Wambsganss, Evans, Franks, Farrier
Nays: None
Approved: 5-0 vote (to remove from agenda)
Agenda Item #10-A, Award of Bid for Street and Drainage
Improvements on North Carroll between Dove Road and Burnev Lane.
Director of Public Works, Bob Whitehead, presented this item for
council consideration. He stated, the City Council at their May
18, 1993, meeting, tabled action on the bid award to allow time for
him to review the plans as bid. He stated he has completed the
review and is prepared to discuss the review. To summarize his
findings, he stated he feels that a sound and practical design
utilizing professional engineering practices was produced for the
North Carroll Street and Drainage Project and therefore, recommends
the city Council award the base bid to Sunmount Corporation for the
amount of $200,913.75. A copy of the memorandum from Mr. Whitehead
is hereby attached to the minutes of this meeting.
A1 Sutton, 3269 Lake Drive, Southlake. Mr. Sutton stated his main
concern is staying within the budget, stating we are currently 70%
over budget on the bond, and this is the first road project. He
alleged the drainage is not as bad as City Council has been led to
believe.
Regular city Council Meeting Minutes
June 1, 1993
page eight
Agenda Item ~iO-A, Continued
Motion was made to approve awarding the bid to Sunmount Corporation
as recommended by staff.
Motion: Wambsganss
Second: Evans
Ayes: Wambsganss, Evans, Apple, Franks, Farrier
Nays: None
Approved: 5-0 vote
Agenda Item #10-B, Variance to Sign Ordinance for a Billboard Sign
Eddie Wilson, Code Enforcement/Building Inspector, introduced this
agenda item, stating, Mr. Roy Bailey, with Dean Outdoor, Inc,
Dallas, is requesting a variance to the sign ordinance, Section 20
(a) for a billboard sign on State Highway 114 and Kirkwood
Boulevard. Wilson stated the specific request is for a variance to
the spacing requirement, which is, "signs shall not be located
within 1,760 feet of any residential dwelling or public park.
There is a residence on Sam School Road, approximately 1,500 feet
from the proposed sign location. The proposed billboard meets the
other requirements of the ordinance.
Mr. and Mrs. Jack Gibson, 2698 Sam School Road stated they are not
in opposition to the sign.
Mayor Pro Farrier stated the City Council worked long and hard in
regard to distances where billboards are allowed in the city. He
does not feel we want to create a precedent by granting this
variance.
Mr. Bailey stated he feels by this ordinance, it is clear to him
that City Council does not want signs of this nature.
A letter from Maguire Thomas Partners was presented
and is hereby attached to the minutes of this meeting.
Motion was made to disapprove this request for variance, based on
the ordinance and the spirit of the ordinance, and not of the fact
that the highway is planned to be widened.
Motion: Franks
Second: Apple
Ayes: Franks, Apple, Evans, Wambsganss, Farrier
Nays: None
Approved: 5-0 vote (to deny)
Regular city Council Meeting Minutes
June 1, 1993
page nine
Aqenda Item ~12, Adjournment
The meeting was adjourned by Mayor Pro Tem Jerry Farrier at 9:05
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gandra L. LeGrand
City of Southlake, Texas
CITY COUNCIL MEETING
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4sot 416,t6h5 3A4 9 /9)-- Poor 42.12j_L'Il / /;
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Suite 500
Roanoke TX 76262 L5 L5 U
817 430 -0303
JUN I 1993
OFFICE OF CITY
MANAGER
May 28, 1993
Mr. Curtis Hawk
City Manager
lotrie • 0 0 0 CITY OF SOUTHLAKE
667 North Carroll Avenue
Southlake, Texas 76092
Re: Request for Variance
Dean Outdoor, Inc.
OKI
Dear Mr. Hawk:
The Owners of Solana wish to express a negative reaction to the Request for
Variance submitted by Dean Outdoor, Inc. to the City Council for consideration. By
granting this variance, the Council would be allowing a sign to sit squarely on the
Right -of -Way line and would detract from the visual appearance of Southlake and
Solana along the Right -of -Way line. We would hope that the 66 feet of 114 frontage
addressed in this request would not be allowed to overwhelm the almost 20,000 feet
of 114 frontage which is part of Solana. We request that you deny this request for
variance.
You should note that the most recent Right -of -Way plans for this section of
Highway 114 improvements will encompass most, if not all, of the subject site. It
is our understanding that Right -of -Way assembly will begin soon for this section.
Thank you for your consideration.
Sincerely,
c -In H�
Richard H. Kuhlman
RHK: smr
mt
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City of Southlake, Texas
M E M O R A N D U M
May 27, 1993 CITY i .� WAGER
TO: Curtis E. Hawk, City Manager
FROM: Bob Whitehead, P.E., Director of Public Works
SUBJECT: Award of Bid for Street and Drainage Improvements on
North Carroll Avenue, from Dove Road to Burney Lane
The City Council, at their May 18, 1993 meeting, tabled action on
the bid award to allow me to review the plans as bid. I have
completed that review and will be prepared to discuss my review
with the City Council. My comments on the North Carroll plans are
attached. To summarize my findings, I feel that a sound and
practical design utilizing professional engineering practices was
produced for the North Carroll Street and Drainage Project and,
therefore, recommend the City Council award the base bid to
Sunmount Corporation for $200,913.75. Attached is the memo to
WOO Council, dated May 14, requesting the award of the bid, along with
support materials.
I have also attached information, pertinent to the May 18th Council
discussion, from Cheatham & Associates and Fielding, Barrett and
Taylor, L.L.P.
Mr. Cheatham's letter presents his reasoning for the design on
North Carroll. I would like to point out a key statement: "If the
proposed 'interim streets' are going to last the duration of the
bonds, since the proposed section (of the street) is a very minimum
section, we feel that at least the drainage alongside the new
roadway should be properly addressed." I concur in this statement;
with a less than ultimate street structure, i.e., sub -base, base
and surface, the drainage away from the structure is more critical.
The "real" cost, as in any structure, is not the initial
construction, but the long term maintenance activities. And, as
with any structure, the key is the foundation for building upon and
maintaining a sound structure or pavement. A saturated foundation
(sub -base) is unstable and, for a street, means higher maintenance
costs. A good drainage system will enhance the life of the
roadway.
My summary of the attorney's letter is that the use of "dry" cement
for stabilization is not in violation of the law. If there is a
nuisance "particulate emission" (dust), the Texas Air Control Board
will respond under the general prohibition against nuisances in
Section 101.4 of the General Rules.
Curtis E. Hawk, City Manager
Award of Bid for Street and Drainage Improvements on North Carroll
Avenue, from Dove Road to Burney Lane
May 27, 1993
Page 2
Therefore, staff recommends awarding the bid for the North Carroll
Avenue (Dove Road to Burney Lane) Street and Drainage Improvement
Project to Sunmount Corporation. Please place this item on the
Council's June 1 agenda for their consideration and approval. If
you have any questions, please contact me.
,A r�
BW /lc
Attachment: Director of Public Works Comments
City Engineer's letter
City Attorney's letter
Bid tabulation sheet
May 14, 1993 memo to Council
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COPIES
FIELDING, BARRETT & TAYLOR, L.L.P.
Carvan E. Adkins ATTORNEYS S� ^ °^ 5 Tones
Robert M. Allibon ATRIUM CENTRE Wayne K. Olson
Daniel R. Barrett' 8851 HIGHWAY 80 W STE 300 Tim G S" 1
Elizabeth Elam FORT WORTH TX 76116 -6041 J. Mark Sudderth
David Fielding TELEPHONE (817) 560 -0303 E. Allen Taylor, Jr.
Josephine Garrett FAX (817) 560 -3953 James P. Wagner
my E. Glenn Gidel Wendy R. Wilson
Dwayne D. Hitt Analeslie Muncy
Susan H. Holloway -of Counsel
*Board Certified Personal Injury Trial Law— "Board Certified Civil Appellate Law—
Texas Board of Legal Specialization Texas Board of Legal Specialization
Civil Trial Specialist —
National Board of Trial Advocacy ( " j
May 21, 1993 Y � '` r
Mr. Curtis/Hawk MAY r, 4 1993
City Manager
City of Southlake PUBLIC WORKS DEPT.
667 N. Carroll Avenue
Soithlake, TX 76092
Dear Curtis:
This letter is in response to the City Council's request that this office research
whether or not certain road construction methods would be in violation of Texas Air
Control Board regulations. It is my understanding that reconstruction of Carroll Avenue
will involve a cement stabilization method instead of a lime or slurry stabilization method,
and that this process involves pulverizing the existing pavement, then mixing in dry cement,
then immediately applying water and mixing the cement on the roadway. It is my
understanding from discussions with Mr. Whitehead that this process will take less than two
or three days. A citizen at the last council meeting expressed concern that this process was
in direct violation of Texas Air Control Board regulations and that by proceeding with
this construction the city would be risking the imposition of large fines. After examining
the Texas Air Control Board rules and speaking with Mr. Bill Chafin at the Texas Air
Control Board (phone 817 - 732 - 5531), it is my opinion that there is little risk that the city
will be fined for Texas Air Control Board violations.
At my request, Mr. Chafin reviewed the relevant Texas Air Control Board
regulations concerning particulate emissions and determined that there is in fact a
prohibition against the use of the cement stabilization process in road construction.
However, this prohibition is limited specifically to the City of El Paso and has no relevance
to our area. Therefore, the only prohibition against this type of road construction activity
is found in the general prohibition against nuisances in Section 101.4 of the General Rules,
which states:
No person shall discharge from any source whatsoever one or more air
contaminants or combination thereof, in such concentration and of such
duration as are or may tend to be injurious to or to adversely affect human
Mr. Curtis Hawk
May 21, 1993
Page 2
health or welfare, animal life, vegetation, or property, or as to interfere with
the normal use and enjoyment of animal life, vegetation, or property.
Road dust and dry concrete mix are "air contaminants" within the meaning of this section.
Ni Mr. Chafin indicated that conceivably this provision could be violated by construction
equipment kicking up dust during the preparation of the site and by spreading the dry
concrete. However, Mr. Chafin indicated that he and the Texas Air Control Board fully
understand that road construction is a necessary evil. He said that standard procedure for
any complaint received from a citizen requires that regional officers conduct a
comprehensive investigation, including surveillance of the site and verification of the
existence of the violation prior to the notice of violation, "NOV," being issued. See Section
382.002 of the Texas Air Control Board Guidelines on Compliance and Enforcement
Matters. Such personal verification usually occurs within several days after the initial
citizen complaint. If the officer personally sees and documents the violation, he will issue
a NOV within five days. No enforcement action will be taken if the violation is corrected
within thirty days after the receipt of the NOV by the offender. As Mr. Chafin stated, by
the end of that thirty day period, the road is built, the city is in compliance, and no
enforcement action is necessary.
Mr. Chafin recommended that watering trucks be liberally used to minimize the
dust. However, it is my understanding that our contractor is fully aware of dust problems
with the cement stabilization method and exercises care to minimize excessive emission.
I hope this sufficiently responds to your concerns regarding this matter. Please call
if you have any questions.
Sincerely,
Betsy E m r \
EAE:cr /
cc: Bob Whitehead.
Public Works Director
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