1991-07-16 CITY OF SOUTHLAKE
667 N. Carroll Avenue
REGULAR CITY COUNCIL MEETING
July 16, 1991 7:30 p.m.
COUNCILMEMBERS PRESENT: Mayor, Gary Fickes; Mayor
Wilhelm; Deputy Mayor Pro Tem Sally Hall. Members;
Barry Emerson, Jerry Farrier, and W. Ralph Evans.
Pro Tem Rick
Mike O'Brien,
CITY STAFF PRESENT: Curtis E. Hawk, City Manager; Billy Campbell,
Director of Public Safety; Michael Barnes, Director of Public
Works; Lou Ann Heath, Director of Finance; Karen Gandy, Zoning
Administrator; Greg Last, City Planner; Don Wilson, Fire Chief;
Eddie Cheatham, City Engineer; Wayne K. Olson, City Attorney; and
Sandra L. LeGrand, City Secretary.
INVOCATION: Councilmember W. Ralph Evans.
A work session was called to order at 6:30 p.m. where
Councilmembers and staff present reviewed the agenda items for
tonight's meeting.
The Regular City Council meeting was called to order at 7:30 p.m.,
by Mayor Gary Fickes.
Aqenda Item #2, Approval of the Minutes
The Minutes of the July 2, 1991,
as discussed in work session.
Motion: Emerson
Second: Evans
Ayes: Emerson, Evans, Farrier,
Nays: None
Abstention: Hall
Approved: 6-0-1
City Council meeting were approved
O'Brien, Wilhelm, Fickes
Aqenda Item #3, Mayor's Report
Mayor Fickes announced the first meeting of the Community Road
Improvements Task Force was held on July 9. The committee was
formed to study street and thoroughfare facilities and related
issues in the City. The second meeting will be held on July 30,
1991, beginning at 7:00 p.m. The Mayor invited all citizens to
attend as he would like to see as many as possible become involved
in this project.
Also on July 30, a Council work session will begin at 8:00 p.m. for
the purpose of discussing the Fiscal Year 1991-92 Budget.
City Council Minutes
July 16, 1991
page two
Aqenda Item #3, Continued
The Mayor announced that Southlake will be playing host to its
Sister City of Toyoma, Japan, from July 21 through July 24. The
seven member delegation will attend many scheduled activities,
including: an IBM/Solana tour, a Texas Rangers baseball game, a
tour of the Carroll Independent School District facilities; a
traditional Tex-Mex dinner, tours of Fort Worth and Dallas, as well
as a full slate of activities at City Hall.
Aqenda Item #4, City Manaqer's Report
The City Manager, Curtis Hawk, announced the Department Reports are
in the packets. The Director's are present to answer questions
from Council in regard to the reports.
Deputy Mayor Pro Tem Sally Hall commented on the amount of increase
the City should expect from ad valorum taxes this year.
Aqenda Item #5, Consent Items
The items presented for the consent agenda were approved, including:
A. Award of bid for water improvements.
Resolution No. 91-31, abandonment of easement on Lots 2 &
3, Block 1, Dove Estates.
Resolution No. 91-33, abandonment of easement on Lot 28,
Block 1, Dove Estates.
Motion: Wilhelm
Second: Emerson
Ayes: Wilhelm, Emerson,
Nays: None
Approved: 7-0 vote
Farrier, Evans,
O'Brien, Hall, Fickes
Aqenda Item #6, Public Forum
No comments were received during the public forum.
Aqenda Item #7-A, Ordinane No. 480-49, 2nd readinq (ZA 91-30)
Ordinance No. 480-49, is a zoning change request for 0.75 acres out
of the Samuel Freeman Survey, Abstract No. 525, being a portion of
Tract 5M. Current zoning is "SF-1A" Single Family-lA residential,
with the requested zoning for "SF-30" Single Family-30 residential
zoning district. Owner/applicant is Phillip L. Mummert.
Karen Gandy, Zoning Administrator, noted that the applicant is
aware that if approved, he will have to make application to the
Board of Adjustments in regard to the sewer.
City Council Minutes
July 16, 1991
page three
Aqenda Item #7-A, Continued
On June 6, the Planning and Zoning Commission approved the request
by a 4-1 vote (Aloha Payne opposed). On June 18, the City Council
approved the request by a 4-3 vote for the first reading. On July
2, the second reading was tabled, at the request of the applicant.
Motion was made
requested.
Motion: O'Brien
Second: Evans
to approve Ordinance No. 480-49, 2nd reading, as
Mayor Fickes reading the caption of the ordinance.
Ayes: O'Brien, Evans, Hall, Fickes
Nays: Farrier, Emerson, Wilhelm
Approved: 4-3 vote
Aqenda Item #7-B, Ordinance No. 480-51, 2nd readinq (ZA 91-33)
Ordinance No. 480-51, is a zoning change request for a 1.73 acre
tract of land out of the Thomas Mahan Survey, Abstract No. 1049,
being legally described as Block A, Lot A, Briarwood Estates.
Current zoning is "0-1" Office-1 zoning, with a request for "C-3"
Commercial-3 zoning district. Owner: James E. Byers; the
applicant is Bruce W. Fusselman, D.V.M.
The Zoning Administrator, Karen Gandy, noted the Land Use
designation for this property is mixed use. Four (4) notices were
sent to property owners with 200' and she received two (2)
favorable responses from Donald Hall and Superior Homes. The
Planning and Zoning Commission recommended approved on June 20 by a
7-0 vote. The City Council approved the first reading on July 2,
with a 6-0 vote.
Dr. Fusselman was present for the meeting to answer questions for
the City Council.
The public hearing resulted with no comments from the audience.
Motion was made to approve Ordinance No.
Motion: Hall
Second: Farrier
480-51,
2nd reading.
Mayor Fickes read the caption of the ordinance.
Ayes: Hall, Farrier, Evans,
Nays: None
Approved: 7-0 vote
O'Brien, Wilhelm,
Emerson, Fickes
City Council Minutes
July 16, 1991
page four
Aqenda Item #7-C, Ordinance No. 480-53, 2nd readinq (ZA 91-36)
A zoning change request for 0.48 acres out of the Francis Throop
Survey, Abstract No. 1511, Tract 4B1. The current zoning is "C-2"
Commercial-2, with a request for "SF-20B" Single Family-20B
Residential zoning district. Owner/Applicant: Jerre H. Harrell.
Zoning Administrator, Karen Gandy noted seven (7) notices were sent
to property owners within 200', and she received two (2) favorable
replies from Bob Rockenbaugh and David Barnes. On June 20, the
Planning and Zoning Commission recommended approval by 7-0 vote and
City Council approved the 1st reading on July 2, by a 6-0 vote.
The public hearing resulted with no comments from the audience.
Motion was made to approve the 2nd reading of Ordinance No.
Motion: Emerson
Second: Farrier
480-53.
Mayor Fickes read the caption of the ordinance.
Ayes: Emerson, Farrier,
Nays: None
Approved: 7-0 vote
Evans, O'Brien, Hall,
Wilhelm, Fickes
Aqenda Item #8-A, Ordinance No. 480-52, 1st readinq (ZA 91-35)
Ordinance No. 480-52, is a zoning change request for 143.043 acres
of land out of the B.J. Foster Survey, Abstract No. 519 and the
W.R. Eaves Survey, Abstract No. 500. Current zoning is "AG"
Agricultural, with a request for "P.U.D." Residential Planned Unit
Development. Owner/Applicant: Mary Stone Myers, Individual; Fred
Joyce-Mary Myers Enterprises, Inc.; The Estate of Audrey L. Stone,
Deceased, Kippy Myers, Independent Executor; The Estate of A.C.
Stone, Deceased, Mary Myers, Independent Executrix; Don Myers;
Kippy Myers; and the Abbie Myers Trust, Mary Stone Myers, Trustee.
Karen Gandy, Zoning Administrator, noted that twenty-two (22)
notices were sent to property owners within 200' Forty (40)
responses (10 within 200') were received, with one (1) in favor and
nine (9) opposing the request for P.U.D. On July 2, the City
Council tabled Ordinance No. 480-52, at the request of the
applicant.
Ms. Gandy noted the comparisons between this P.U.D and other P.U.D.
developments in the City.
Mayor Flckes noted during the last meeting, Council talked with the
applicant on several issues, including: lot sizes; the amount of
open space; and, adding more information to the plat. He added
the applicant has met with several members of Council in regards to
some of the concerns.
City Council Minutes
July 16, 1991
page five
Agenda Item #8-A~ Continued
Fred Joyce, applicant, addressed Council and explained changes they
have made to the plat in an effort to comply with Council
concerns. Fencing along the perimeter of the property was
discussed. As part of the development, he agreed to clean the
right of ways. It was established that a landscape plan will be
required with the Development Site Plan.
Councilmember Sally Hall commented in regards to the development of
this subdivision, and that she would like to see smaller lots on
Randol Mill Road rather than on Peytonville Avenue, to be
consistent with the transition to Arvida.
Councilmember Farrier commended Mr. Joyce for the adjustments which
have been made, however, he still has concerns. He added, the
developers have moved a long way toward solving the concerns.
Mayor Pro Tem Wilhelm commented in regards to some of his concerns,
including: a) not less than 15,000 square feet lots; b) no small
lots a long Peytonville Avenue; c) a transition; d) a minimum lot
width of 85 feet.
Public Hearing
Charles Free, 550 North Randol Mill Avenue, Southlake. Mr. Free
had questions in regards to what point the plan will be approved or
denied? What factors will the City Council use when making
decisions? Does citizen input count? If Mr. Joyce does not
develop, can a new developer come in and request changes to what
the City Council has approved? His problem is with the Planned
Unit Development in general- namely high density homes.
Richard Kern, 2307 Hillside, Southlake. Mr. Kern referenced lot
sizes in Hillside, Cross Timber Hills, etc. Why is the City
Council even talking less than 14,000 square foot lots?
Robert Downard, 1255 Randol Mill Road, $outhlake. Mr. Downard
stated he feels this is being unfair. He feels a persons property
rights cease at there property line. Mr. Joyce has made quite a
few concessions. He would encourage City Council to approve this.
Restrictions are being placed on houses which are making it
unaffordable to people. He feels the plan is reasonable and Joyce
& Associates have the right to develop their property. This area
is growing and Mr. Joyce has a good proposal.
Franklin Talbert, 565 North Randol Mill Road, Southlake. Mr.
Talbert does not have anything against this development but he is
concerned with how its developed. He would like to see lot sizes
go to at least 20,000 square feet. There is congestion in that
area, and he expressed concerns with additional traffic to the
area.
City Council Minutes
July 16, 1991
page six
Aqenda Item #8-A, Continued
Councilmember Barry Emerson commented that under the current zoning
ordinance for 1/2 acre zoning, the only requirement that has to be
met adjacent to one acre lots, is a 30,000 square foot minimum and
125' minimum lot width. This development plan meets that
requirement.
Dr. Robert Pollard, 508 San Jan Court, Irving. Dr. Pollard stated
he appreciates the concessions made by the owners of the property.
Conner Lam, 1280 Post Oak Trail, $outhlake. Mr. Lam states he
lives in a subdivision with 1-1/2 to 4 acre lots. The subdivision
is about 3,000 feet from the entrance to this proposed addition.
Some people have a concept that small lots has a smaller value.
Per square foot, 20,000 square foot lots bring more per square
foot than larger lots. Amenities make a difference. In todays
market, people do not want to water an acre of land or 1/2 acre
lots. He would like for Southlake to start approving 1/4 acre
lots. If we do not get more density, we will drown in taxes.
Larry Dwyer, 2502 Hillside Court, Southlake. Mr. Dwyer stated he
moved here five (5) years ago when one (1) acre lot size was a
minimum. Then City Council changed that. He is opposed to the
current proposal because of the lot sizes. If the proposed
development had larger lot sizes, he would not oppose it.
Public hearing closed.
Councilmember Sally Hall referenced the minutes of the last meeting
and the comments made by the citizens. She feels there is a
misconception by the citizens on Planned Unit Developments.
Because the lot sizes are listed as smaller, that the density has
increased. If Mr. Joyce developed this property at R-20, she
calculated that he could place 336 homes on that property. He is
proposing 272 homes which is 64 less homes on the property. The PUD
accomplishes a density less than 2 per acre. The developer will
also be taking care of the parks as well as providing concrete
streets, and drainage corrections, which will help Cross Timber
Hills. She feels this is a wonderful development, as are all the
additions which have come into the City in the last few years.
Councilmember Emerson commented that he has a summary that compares
every PUD Development which has been approved in the City. He also
feels there has been a misconception in regards to density in the
developments.
City Council Minutes
July 16, 1991
page seven
Aqenda Item #8-A, Continued
Motion was made to approve Ordinance No. 480-52, 1st reading, with
the following amendments to the development regulations as printed
on the Development Regulations of Myers Meadow Zoning
Report:
1)
paragraph #10, add: notwithstanding no more than
10% of lots shall be a size below 14,000 square feet.
2)
paragraph #12, average lot size not less than 15,000
square foot.
3)
paragraph #13, no lots smaller than 15,000 square
feet along Peytonville or Randol Mill, will average
15,000 square foot but will not be less than 14,000
square feet.
4)
paragraph #14, minimum lot width of 125' along the
common property line of the low density area to the
northwest.
5)
paragraph #6, the front yards will exceed 30'
on 50% of the lots.
Motion: Wilhelm
Second: O'Brien
Mayor Fickes read the caption of the ordinance.
Ayes:
Nays:
Approved:
Wilhelm, O'Brien,
None
7-0 vote
Hall,
Emerson, Farrier,
Evans, Fickes
Council adjourned for recess at 9:35 p.m.
Council returned to open session at 9:45 p.m.
Aqenda Item #10-A, Southlake Park Services Aqreement
City Manager, Curtis Hawk stated it is his understanding that the
agreement has been approved and signed without further changes by
the representatives of Southlake Park Services. It is his
recommendation that Council approve the agreement.
Motion was made to approve the agreement between the City
Southlake and Southlake Park Services Inc.
Motion: Emerson
Second: Hall
Ayes: Emerson, Hall, O'Brien, Farrier, Evans, Wilhelm, Fickes
Nays: None
Approved: 7-0 vote
of
City Council Minutes
July 16, 1991
page eight
Aqenda Item #10-A, Continued
Bill Low, 3111 Woodland, Southlake. Mr. Low expressed
that he feels the City Attorney, E. Allen Taylor Jr.,
has done an exceptional job at working with the citizens
in Southlake Park Services, with the agreement.
Aqenda Item #10-B, Consider, Site Location for Community Buildinq
The City Manager, Curtis Hawk stated the next step in the process
concerning the building donated to the City by Texas National Bank
is to determine the location to place the building in Bicentennial
Park. The Park and Recreation Board has considered the information
presented by staff, and has recommended the City Council select
site No. 3. A copy of the cost information and alternative site
locations, prepared by City staff is hereby incorporated into the
minutes of the meeting.
Motion was made to select site No. 1, due to economic reasons
future development at Bicentennial Park.
Motion: Hall
Second: Evans
Ayes: Hall, Evans, Wilhelm, Farrier, O'Brien, Emerson, Fickes
Nays: None
and
Approved: 7-0 vote
Aqenda Item #10-C, Consider a Druq Policy for the City of
Southlake
Curtis Hawk, City Manager, stated the State Law requires cities to
adopt a drug policy. He added, although we have not had a written
policy, we have as a matter of practice required a drug test for
all applicants for employment as a part of the pre-employment
physical.
Motion was made to table action on the Drug Policy and continue the
discussion at the next meeting.
Motion: Wilhelm
Second: Emerson
Ayes: Wilhelm, Hall, O'Brien, Emerson, Farrier, Evans, Fickes
Nays: None
Approved: 7-0 vote (to continue)
Aqenda Item #11-A~ Discussion: Siqnature Facsimile Machine
The City Manager stated he requested the Finance Director, Lou Ann
Heath, to investigate the use of a facsimile machine for City
checks. After discussion, Council requested checks over $5,000.
require signatures. The City Manager will bring this item back for
consideration at the next City Council meeting.
City Council Minutes
July 16, 1991
page nine
Aqenda Item #ii-B, Discussion: Speed Limit on S. White Chapel
Blvd.
Director of Public Safety, Billy Campbell, explained the need for a
reduction in the speed limit on White Chapel Blvd., from SHll4 to
Big Bear Creek (city limit). Currently the speed limit is 40 mph,
with a suggested change to 35 mph.
Councilmember Jerry Farrier stated he feels that it is inconsistent
in this City to have a speed limit that is different than the rest
of the roads. If the intent is to reduce the traffic accidents,
this will not help.
Mayor Fickes stated he would like to see a 4-way stop sign at the
intersection of Continental Blvd. and White Chapel Blvd.
Councilmember Sally Hall also commented in regard
stop sign at that intersection. She added that
with Colleyville, lower that section to 30 mph.
to having a 4-way
to be consistent
Chief Campbell commented that he will closely monitor the situation
and make a recommendation in the future.
Aqenda Item #12, Executive Session
Mayor Fickes announced that City Council would be going into
executive session, pursuant to the Open Meetings Act, Article
6252-17 V.T.C.S. at 10:45 p.m.
Council returned to open session at 11:40 p.m.
Aqenda Item #13-At Action Necessary/Litiqations
No action was taken during this agenda item as the result of the
executive session.
Aqenda Item #13-B, Action Necessary/Public Officials
No action was taken during this agenda item as the result of the
executive session.
City Council Minutes
July 16, 1991
page ten
Aqenda Item #13-C, Action Necessary/Land Acquisition
The City Manager commented that Council needs to authorize the
Mayor to enter into the exchange contract in behalf of the City,
between the Catholic Diocese and the City of Southlake.
Motion was made to approve a motion to allow the Mayor to execute a
contract between Joseph P. Delaney D.D., Bishop of the Roman
Catholic Diocese of Fort Worth and the City of Southlake to
acquire and exchange approximately 7 acres of land for
approximately 9.1668 acres of land.
Motion: Wilhelm
Second: Farrier
Ayes: Wilhelm, Farrier, Hall, O'Brien, Evans, Emerson, Fickes
Nays: None
Approved: 7-0 vote
Motion was made to approve the execution of the
by the Mayor on behalf of the City of Southlake,
the Sword's for the acquisition of
land.
Motion: Wilhelm
Second: Emerson
Ayes: Wilhelm, Emerson, Farrier,
Nays: None
Approved: 7-0 vote
purchase contract
the contract with
approximately 9.166 acres of
Evans, O'Brien, Hall, Fickes
Motion was made pursuant to the contract with
exchange contract with Fort Worth Diocese that
exchange the respective tracts of land.
Motion: Wilhelm
Second: Emerson
Ayes: Wilhelm, Emerson, Hall, O'Brien, Farrier,
Nays: None
Approved: 7-0 vote
the Sword's and the
the City acquire and
Evans, Fickes
Aqenda Item #14-A, Consider Resolution 91-36, Teen Court Advisory
Board
Resolution No. 91-36, was approved, establishing a Teen Court
Advisory Board, and appointing Deputy Mayor Pro Tem Sally Hall as a
member of the board. Mrs. Hall is to recommend another member to
the board.
Motion: Emerson
Second: Farrier
Ayes: Emerson, Farrier, Evans, O'Brien, Hall, Wilhelm, Fickes
Nays: None
Approved: 7-0 vote
City Council Minutes
July 16, 1991
page eleven
Aqenda Item #15, Adjournment
The meeting was adjourned by Mayor Gary Fickes as 11:45 p.m.
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Sandra L. LeGrand
City Secretary