1991-08-06 CITY OF SOUTHLAKE
REGULAR CITY COUNCIL MEETING
August 6, 1991 7:30 p.m.
MINUTES
Councilmembers Present:
O'Brien, Sally Hall,
and Ralph Evans.
Mayor, Gary Fickes; Counctlmembers: Mike
Rick Wilhelm, Barry Emerson, Jerry Farrier,
City Staff Present: City Manager, Curtis E. Hawk; Public Safety
Director, Billy Campbell; Public Works Director, Mike Barnes;
Finance Director, Lou Ann Heath; City Planner, Greg Last; Zoning
Administrator, Karen Gandy; City Engineer, Eddie Cheatham; City
Attorney, Wayne K. Olson; and Acting City Secretary, Kim Bush.
Invocation: Ralph Evans
The work session was called to order at 6:30 p.m. to discuss the
agenda items for tonight's meeting.
Mayor Fickes called the regular meeting to order at 7:30 p.m.
Agenda Item #2, Approval of Minutes of July 16 and 30~ 1991
Due to the absence of the City Secretary, the minutes of the
Regular City Council Meeting of July 16 and the Special City
Council Meeting of July 30, 1991, will be considered at the next
regular meeting of the City Council.
Aqenda Item #3~ Mayor's Report
Mayor Fickes announced the August 10th election for County
Education District.
Mayor Fickes also extended his appreciation to all those who helped
with the Sister Cities Program.
Councilmember Hall complimented the Adventure Club program and
recommended that the program be considered again next year.
Aqenda Item #4~ City Manager's Report
City Manager, Curtis E. Hawk, announced that funeral services would
be held for Jerry Svore, President Trophy Club MUD#1 District.
Mr. Hawk also announced that the next meeting for the Road
Improvements Task Force group will be August 13 at 7:00 p.m. in the
City Council Chambers.
City Council Meeting Minutes
August 6, 1991
Page 2
Aqenda Item #51 Consent Aqenda
Those items presented on the Consent Agenda are as follows:
B.
C.
D.
E.
F.
Award of Bid for Cathodic Protection for Two 1.Smg
Elevated Storage tanks;
Permission to Advertise for Bids for Drainage
Improvements for San Juan Drive and Oakwood Trail Drive;
Permission to Advertise for bids for Sewer Improvements
for New CISD High School;
Approval of Change Order #1 for Water Improvements
project;
Resolution NO. 91-39, Signature Authorization, Facsimile
or Actual, for ~udgeted Items; and
Drug-Free Workplace Policy.
Motion was made to approve the Consent Agenda Items Nos. 5A through
5F.
Motion: Emerson
Second: Farrier
Ayes: Emerson, Farrier, O'Brien, Hall, Wilhelm, Evans, Fickes
Nays: None
Approved: 7-0
Agenda Item #6Al Public Forum.
There were no comments during the Public Forum.
Aqenda Item #6B~ Public Appearance: Bob Mundlin~ Keep Southlake
Beautiful
Bob Mundlin, 1658 Royal Oaks Court, explained to the Council and
audience that he had been a member of the Environmental Task Force
appointed by the City Council. The Task Force presented to the
City Council a recycling program for the City and subsequently the
Council passed and initiated the program. Mr. Mundlln stated that
the task force disbanded shortly after that, but other issues were
left unanswered. He would like to see the City continue to address
environmental issues by considering a program offered through Keep
America Beautiful. Mr. Mundlin explained the steps and estimated
cost for participating in the program.
Councilmember Hall expressed that environmental concerns should not
stop at recycling. She feels other projects need to be pursued.
Ms. Hall further stated that funds should come from monies mad~
through the recycling program and from corporations.
Mayor Fickes and Councilmember Emerson agreed and felt the program
should be pursued.
City Council Meeting Minutes
August 6, 1991
Page 3
Agenda Item #7A~ Ord. 480-52~ Myers Meadows~ Zoninq PUD
Zoning Administrator, Karen Gandy, presented the zoning request for
a 143.043 acre tract of land out of the B.J. Foster Survey,
Abstract No. 519 and the W.R. Eaves Survey, Abstract No. 500. Ms.
Gandy stated that the current zoning is Agricultural and the
requested zoning is for Residential Planned Unit Development. A
total of forty-three (43) responses were received; eleven within
200 ft.: one (1) in favor of the request and ten (10) opposed.
Public Hearing.
Robert Pollard, 508 San Juan, Irving, thanked the Council and
applicant for efforts made to address his concerns. Mr. Pollard
stated that he is in the process of zoning his property Residential
Estate and would like the same conditions required, of the
applicant, for his property as those required for 1 acre lots.
Fred Joyce, 455 Randol Mill, was present to answer questions for
the City Council. He believes that they have addressed all issues
of the previous Council meeting.
Public Hearing was closed.
Motion was made to approve Ordinance No.
Motion: O'Brien
Second: Emerson
480-52.
Mayor Fickes asked Councilmembers if they wanted to include in
the motion Dr. Pollard's request. Councilmember Wilhelm
stated that the applicant had come a long way from what could
potentially have been 100' lots next to Dr. Pollard's
property. He also commented that Dr. Pollard and the Council
will have the opportunity to comment on the Site Plan when it
comes through for approval.
Mayor Fickes read the caption of Ordinance No. 480-52.
Ayes: O'Brien,
Nays: None
Approved: 7-0
Emerson, Hall, Wilhelm, Farrier, Evans, Flckes
Mayor Fickes announced that Agenda Item No. 10A would be heard at
this time to allow staff from the City of Grapevine to return to
their Council meeting.
Agenda Item No. 10A, Drainaqe Improvements~ Parra Linda Addn.
Jerry Hodge, Public Works Director, City of Grapevine, presented to
' Council the plan for drainage improvements to the Parra Linda
City Council Meeting Minutes
August 6, 1991
Page 4
Addition in the City of Grapevine. The project calls for some
improvements to the north side of Shady Lane which is in the City
of Southlake. Mike Nichols, Freese and Nichols, consulting
engineers, were also present to give a general overview of the
project and the problems with flooding. The City of Grapevine
proposes to install a 72" pipe to parallel the east side of Kimball
and travel south to Shady Lane and turn east along the north
right-of-way of Shady lane and discharge into an existing pond
approximately 700' from Kimball.
Councilmember Wilhelm expressed his concerns in regards to any
expanded velocity causing a potential for other flood problems
which could cause possible liability problems for the City of
Southlak9.
City Attorney, Wayne Olson, stated that any time water is diverted
and then there are damages, there is a potential for liability.
City Manager, Curtis Hawk, suggested that an interlocal, agreement
be considered at the August 20th meeting that specifies some of the
things that need to be addressed.
Agenda Item #SA~ Ord. 480-54~ 1st Readinq~ Zoning AG to CS
Zoning Administrator, Karen Gandy, presented the zoning change
request for a 10.212 acre tract of land out of the J.J. Freshour
Survey, Abstract No. 521, the southern portion of Tract 8Al.
Current zoning is Agricultural; the requested zoning is Community
Service. There were three written responses received; two (2)
opposed to the request and one (1) conditionally in favor. Ms.
Gandy stated that at the Planning and Zoning Commission meeting,
several citizens spoke against the property being used for any
athletic or park facility. Ms. Gandy also stated that the Church
is requesting postponement of the concept plan until they are
further along in their plans.
Dee Ekstrom, representative for the applicant, was present to
answer questions for the Council.
There were no comments during the Public Hearing.
Motion was made to approve Ordinance No.
Motion: Emerson
Second: Hall
480-54.
Mayor Fickes read the caption of Ordinance No. 480-54.
Ayes: Emerson, Hall, Wilhelm,
Nays: None
Approved: 7-0
Farrier, Evans,
O'Brien,
Fickes
City Council Meeting Minutes
August 6, 1991
Page 5
Aqenda Item #8B~ Ord. No. 480-55~ 1st Reading~ Zoning AG to SF-1A
Zoning Administrator, Karen Gandy, presented the zoning request for
an 8.513 acre tract of land out of the J.J. Freshour Survey,
Abstract No. 521, the northern portion of Tract 8Al. Sixteen
notices were sent and three responses were received; three in favor.
There were no comments during the Public Hearing.
Motion was made to approve Ordinance No.
Motion: Emerson
Second: Evans
480-55.
Mayor Fickes read the caption of Ordinance No. 480-55.
Ayes: Emerson, Evans, Farrier, O'Brien, Hall, Wilhelm, Fickes
Nays: 7-0
Agenda Item No. 8C~ Preliminary Plat~ Father Joe Addition
Zoning Administrator, Karen Gandy, presented the preliminary plat
for an 18.726 acre tract of land out of the J.J. Freshour Survey,
Abst. 521, Tract 8Al. Ms. Gandy stated that staff has not had an
opportunity to review the amended preliminary plat as presented
tonight by Dee Ekstrom.
City Planner, Greg Last, suggested that the amended plat could be
approved subject to staff's review and compliance with subdivision
regulations. He did not see any significant problems with the plat
at this time.
Motion was made to approve ZA 91-40 subject to staff review
compliance with subdivision regulations.
Motion: Emerson
Second: Farrier
Ayes: Emerson, Farrier, O'Brien, Hall, Wilhelm, Evans, Fickes
Nays: None
Approved: 7-0
and
Agenda Item No. 8D~ Final Plat~ Father Joe Addition
Zoning Administrator, Karen Gandy, presented the Final Plat of
Block 1, Lot 1, of the Father Joe Addition a 9.166 acre tract of
land out of the J.J. Freshour Survey, Abstract No. 521, being the
southern portion of Tract 8Al.
Dee Ekstrom, representative for the applicant, was present to
answer questions for the City Council.
Mayor Fickes thanked all the parties who worked on this project.
City Council Meeting Minutes
August 6, 1991
Page 6
Motion was made to approve ZA 91-41 subject to compliance with
staff's review letter of July 31, 1991.
Motion: Farrier
Second: Evans
Ayes: Farrier, Evans, Emerson, O'Brien, Hall, Wilhelm, Fickes
Nays: None
Approved: 7-0
the
Aqenda Item #SE, Ord. No. 540t 1st Reading~ Certificates of
Obligation, Series 1991.
City Manager, Curtis E. Hawk, stated that Ordinance #540 is a
follow UP to the reso%ution adopted at the last special Council
meeting. Ordinance #540 will authorize the issuance of $200,000 in
certificates of obligation for the acquisition of land.
Motion was made to approve Ordinance No.
Motion: Hall
Second: Farrier
540.
Mayor Fickes read the caption of Ordinance No. 540.
Ayes: O'Brien, Hall, Wilhelm,
Abstained: Emerson, Fickes
Approved: 5-0-2
Farrier, Evans
Agenda Item #gA~ Res. 91-40~ Specific Use Permlt~ Postal Facility
Zoning Administrator, Karen Gandy, presented the request for a
Specific Use Permit for a Postal Facility in the Office-1 District;
a 40,000 square foot lot in the W.W. Hall Survey, Abstract No. 695
and being legally described as Block 7, Lot 1, SouthVlew Addition,
Phase I. Two notices were sent, but no responses were received.
Public Hearing.
Jack Gustafsson, representative for the Post Office, was available
to answer questions for the Council.
Councilmember Emerson stated that he would prefer to see the drop
boxes put back into the plan.
Councllmember
chosen for the
problems.
Wilhelm questioned whether another site could be
drop boxes to alleviate any traffic or safety
Mr. Gustafsson stated that the original placement of the drop boxes
was the best location. He commented that if ever this should
become a safety problem they would take the drop box out.
City Council Meeting Minutes
August 6, 1991
Page 7
Tom Matthews, SouthView Addition, expressed his concerns with
traffic problems for the residents. He included that he would like
to see that the fence along the west side not exceed the wing wall
and that the trash bins not be located in view of the homes.
Councilmember Wilhelm stated that he felt the Post Office would
look at traffic as a safety concern when considering whether the
drop boxes need to be removed.
Councilmember Hall stated that she does not see that there will be
a lot of traffic at this site.
Councilmember Emerson stated that the citizens need a Post Office.
He stated to Mr. Matthews that if he had wanted the lot he could
have bought it.
Councilmember Farrier stated that if the Post Office should ever
find a need to acquire a dumpster he wants to be sure that it is
not visible from Carroll Ave.
The Public Hearing was closed.
Motion was made to approve Res. No. 91-40 allowing for a drop box
as presented in the 1st. Site Plan; subject to compliance with
staff's review letter of 8/2/1991; and the fence along the west
side will not extend past the wing wall.
Motion: Farrier
Second: Emerson
Mayor Fickes read the caption for Resolution No. 91-40.
Ayes: Hall, Wilhelm, Emerson, Farrier, Evans, O'Brien, Ftckes
Nays: None
Aqenda Item 10B~ Developers Aqreement~ Stone Lakes
Public Works Director, Mike Barnes, presented the Developers
Agreement for Stone Lakes. Mr. Barnes stated that this was a
standard agreement, and he gave a brief overview of its contents.
He has spoken with Mr. Jobe who indicated that they are requesting
50% credit on park fees for the entire development because they are
building all the amenities in the first phase.
Phillip Jobe, Stone Lakes, listed the amenities planned for the
subdivision including the 10 acre lake, jogging path, park, etc.
He stated that the improvements will cost approximately $400,000.
Councilmember Wilhelm questioned how the City would benefit from
the improvements. He commented that some time in the near future
we need to address how green space around lakes benefits the City
City Council Meeting Minutes
August 6, 1991
Page 8
more so than funds for the Park Fund. He recognizes tennis courts,
playgrounds, ballfield, etc. are amenities that benefit the City.
Councilmember Emerson agreed that guidelines need to be developed
and minimum requirements set.
Councilmember Hall expressed that amenities within PUDs were to
alleviate a burden on our central park system.
Mayor Fickes pointed out that the improvements proposed by Stone
Lakes are comparable to the Monticello project.
Motion was made to approve the Developers Agreement for Stone Lakes.
Motion: O'Brien
Second: 'Hall
Ayes: Wilhelm, Evans, Farrier, Emerson, O'Brien, Hall, Fickes
Nays: None
Approved: 7-0
Agenda Item #10C~ Developers Agreement for Lonesome Dove Est.
Mayor Fickes stated that this item was not ready for Councl3
consideration.
Agenda Item #10D~ Award Bid~ Sale or Exchange of Real Property
City Manager, Curtis E. Hawk, informed the Council that no bids
were received; therefore, no action would be necessary.
Agenda Item #10E, Computer Assisted Dispatch
(Mayor Fickes had to leave the meeting at this time.)
Public Safety Director, Billy Campbell, explained the Computer
Assisted Dispatch program and the cost to purchase. He stated that
the purchase will be made within the current department budget and
no additional funding would be required. Mr. Campbell further
explained that the acquisition of CAD Dermits the Public Safety
Department to make several important enhancements to its operations
and records system which will improve the overall effectiveness and
efficiency of the Department.
Motion was made to
Dispatch.
Motion: Emerson
Second: Evans
Ayes: Evans, Farrier,
Nays: None
Approved: 6-0
approve the purchase of the Computer Assisted
Emerson, O'Brien, Hall, Wilhelm
City Council Meeting Minutes
August 6, 1991
Page 9
Agenda Item llA~ Discussion~ Water/Sewer Request~ DalDen Corp.
City Manager, Curtis E. Hawk, stated that DalDen requested that the
City investigate the possibility of their company acquiring water
and sewer service from Trophy Club similar to the services provided
to IBM and Maguire Thomas Partners. Mr. Hawk stated that the City
does not anticipate having to expend any money at all for the
engineering or the construction; DalDen would be responsible for
all of those cost.
Councilmember Hall expressed concern with proper disposal of waste
and would like to see stringent pre-treatment requirements of
industrial waste.
Councilm~mber O'Brien inf6rmed staff that he has a map of that area
indicating that barrels containing chemicals are buried on site.
Mr. Hawk stated that an agreement between Southlake
Southlake and MUD #1 will be drafted for Council
including environmental concerns.
and DalDen and
consideration
Aqenda Item #11B~ Discussion~ Planned Cable System
City Manager, Curtis E. Hawk, discussed the ongoing problems with
Planned Cable Systems and asked for Council direction.
Mark Holland, Planned Cable, was present and stated that the
problem with providing service to Arvida was because they wanted it
built their way, and that cost was too high for the company.
It was the consensus of the Council, that staff should solicit for
a cable company to serve the 1709 corridor.
(Agenda Item #llC was moved to the end of the meeting)
Aqenda Item #12~ Executive Session
Mayor Pro-Tem, Wilhelm, announced that City Council would be going
into executive session at this time, pursuant to the Open Meetings
Act, Article 6252-17 V.T.C.A.
Aqenda Item #13 A-C
No action was necessary.
City Council Meeting Minutes
August 6, 1991
Page 10
Aqenda Item #1lC, Discussion~ Proposed FY92 Budqet
City Manager, Curtis E. Hawk, presented and briefly outlined the
Proposed FY91-92 Budget. Mr. Hawk commented that major items in
the proposal will be discussed in the work sessions scheduled for
next week.
Agenda Item #14~ Resolutions (no items for this section)
Agenda Item #15~ Adjournment
Motion was mas made to adjourn the meeting at 12:05 a.m.
Motion: Evans
Second: Hall
Ayes: Evans, Hall, Wilhelm, O'Brien, Emerson, Farrier
Nays: None
Approved: 6-0
ATTE ST:
l~i~ '~fish/ Acting City Secretary
/
G~y Fi~kg~, ~ayor
1
•
1
rn E
rt - 1:1
I
i
CB
De •
N i
iv
O 1
---,,, Z I
,1
•
. •
C I
DO
>
ri �
v:
ii
T,
)
i
ra
l � 0 r>
1 Z
!! ri
>
., n
Z
1 °
r'3
l
C
1
c n
cr.
THE STATE OF TEXAS *
COUNTY OF � e��N'�wnu6 *
I, 5„0.4 y• p / LJ�12S�N as a member of the (' C/
make thi affidavit and hereby on oath state the fo ( 7a4
owing: I,
and /or a person or persons related to me, have a substantial
interest in a business entit that would be pe uliarly affected by
a vote or decision of the , a rmy,\ c3,C RZ7M- G I � as
those terms are defined in C pter 171, Texas Local Government Code.
The business entity is
' err nOS '` (� f 4 rV/ ( _ /
P a � n 2V` 1 nd 1 add � 1k t- ra -lr,4r 7
, 7
I have a substantial interest in this business entity for the
followin reasons: (Check all which are applicable)
Ownership of 10% or more of the voting stock or
shares of the business entity.
Ownership of 10% or more or $5,000 or more of the
fair market value of the business entity.
;//::::// Funds received from the business entity exceed 10%
of gross income for the previous year.
Real property is involved and
have an equitable or legal ownership with a fair
market value of at least $2,500.
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 d- ision involving this
business entity and from any further p- 0 -tion on this matter
whatsoever.
Signed this 1 day of G , 197/ .
� 7-
Sig • of official
(,/;).. -
/leea-0) JL-14 a_
Title
BEFORE ME, the undersigned authority, this day personally appeared
and on oath stated that the
facts hereinabove stated are true to the best of
knowledge or belief.
Sworn to and subscribed to before me on this day of
, 19
Notary Public in and for
the State of Texas
My Commission Expires:
Type /Print Notary's Name
THE STATE OF TEXAS *
*
COUNTY OF *
1 , (/ �� / ( Jc e- as a member of the Cam- � � - c-'l
make this of ida it and hereby on oath state the following: I,
and /or a pe son 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 " 29 K_ as
those terms are defined in Chapter 171, Texas Local Government Code.
The business entity is _ _ 1 i,"; i\ u , .'--A C F___ A- 4,__
(name and address)
I have a substantial interest in this business entity for the
following reasons: (Check all which are applicable)
Ownership of 10% or more of the voting stock or
shares of the business entity.
Ownership of 10% or more or $5,000 or more of the
fair market value of the business entity.
Funds received from the business entity exceed 10%
of gross income for the previous year.
Real property is involved and
have an equitable or legal ownership with a fair
market value of at least $2,500.
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 day of 19
Signature of o ficial
Title
.
BEFORE ME, the undersigned authority, this day personally appeared
and on oath stated that the
facts hereinabove stated are true to the best of
knowledge or belief. -
Sworn to and subscribed to before me on this day of
, 19
Notary Public in and for
the State of Texas
My Commission Expires:
Type /Print Notary's Name