1989-04-04 CITY OF SOUTHLAKE
667 N. Carroll Avenue
Regular City Council Meeting
April 4, 1989 7:30 p.m.
PRESENT: Mayor, Johnny H. Westerholm; Councilmembers: Betty
Springer, Pamela Muller, Sally Hall, Ralph Evans and Jim Wooll.
CITY STAFF PRESENT: City Manager, Curtis E. Hawk; Director of
Public Works, Bill LeGrand; Fire Chief, R.P. Steele; Police
Chief, Billy Campbell; Finance Officer, Renee' McCarty; City
Engineer, Eddie Cheatham; City Attorney, E. Allen Taylor. Karen
Gandy, Zoning Clerk, presented zoning items.
INVOCATION: Ralph Evans.
work Session: A work session was held beginning at 6:30 p.m. for
the purpose of reviewing the items on the agenda.
The meeting was called to order by Mayor Johnny H. Westerholm at
7:30 p.m.
Agenda Item #2. Approval of the Minutes
The minutes of the March 21, 1989 City Council meeting were
approved as corrected.
Motion: wooll
Second: Muller
Ayes: Wooll, Muller, Evans
Nays: None
Abstained: Springer and Hall (due to being absent for the meeting)
Approved: 3-0-2 vote
Agenda Item 93. Mayor's Report
Mayor Westerholm referenced the Tarrant County Mayor's Council
meeting which was held on April 3, 1989, stating that their are
continuing problems in the Tarrant County and State of Texas jail
system, with no relief in sight according to Austin. Jail cells in
the county are to be completed in 1990, however, currently, 1200
cells are in need and bids are now being taken for this.
One possibility is a 1/2 cent sales tax, set aside for jails. The
Mayor's council is asking for feed back from Tarrant County
cities on this item, or any other idea for that matter.
Mayor Westerholm recommended that the 1/2 cent sales tax be carried
for a three (3) year life, to be used for facilities and the court
system. This idea will raise 40 million dollars per year, or 120
million dollars over a three (3) year time frame.
City Council Minutes
April 4, 1989
page two
Mayor Westerholm announced that the Volunteer Center for Tarrant
County had asked each city to present a "Volunteer of the Year" for
1988. The City Secretary headed up the campaign, selecting a
committee to review the nominees presented from the citizenry. He
announced that Betty Springer was chosen as the Southlake
Volunteer of the Year. She will be honored on April 6, with other
Tarrant County volunteers and again on April 25 at an awards
banquet. He stated," Without our volunteers, we would not have
very many activities in Southlake, we are very proud of Mrs.
Springer, and I feel she is very deserving of this honor".
Councilmember Sally Hall reported on an item that took place at the
last School Board meeting for Carroll I.S.D. City Manager, Curtis
Hawk; DPW, Bill LeGrand; and City Engineer, Eddie Cheatham as
well as her self made a presentation to the board, informing them
of the various activities involving growth in Southlake that are
currently taking place and the impact the city believes will be
made to the school district. She stated, that the presentation was
very well received. She hopes a similar meeting can take place on
a quarterly basis so that the two entities can begin to work closer
together.
Mayor Westerholm was very pleased with the job that
Councilmember Hall is doing as council liaison to the
school district.
It was noted that the posted meeting of the Southlake City Council
and the Keller City Council, scheduled for April 26, has been
cancelled.
Councilmember Springer announced that the Annual Golf Tournament is
scheduled to be held on April 26, at the Trophy Club Golf Course.
If anyone is interested in participating, Larry Goldstein is in
charge of this function.
Mayor Westerholm announced that agenda item #12, will not be
addressed this evening, it will be tabled until such time as the
Planning and Zoning Commission formally acts on the matter. Also,
agenda item #13 was moved to the consent agenda.
A~enda Item #4. City Manager's Report
City Manager, Curtis Hawk referenced a letter from County
Commissioner, Bob Hampton, concerning the street priority paving
program. The letter indicated that the South Carroll project has a
high priority and will be scheduled for work soon. The other
project is lower in the County's priority and may not be scheduled
this year. He stated, he will examine the alternatives and report
back to council at the next meeting.
City Council Meeting
April 4, 1989
page three
Agenda Item #4 City Manager's Report continued
Hawk also referenced a letter he received from Jeff Fegan,
Director of Planning from Dallas-Fort Worth International Airport.
Fegan asked that council select a liaison from council to serve
on a committee which will meet on April 19.
Agenda Item #5, ~13. Consent Items
Item # 5. Resolution 89-22. Authorizing the Mayor to
enter into an agreement with Tarrant County for
Rural Fire/Ambulance service.
Item ~13. Authorizing the City Manager to implement a
wage continuation policy for employees injured on
the job.
Motion was made to approve the consent agenda items.
Motion: Wooll
Second: Muller
Ayes: Wooll, Muller, Evans, Springer and Hall
Nays: None
Approved: 5-0 vote.
Agenda Item #6. Park Board's request for Adv. Signs on Field #1
Mayor Westerholm stated this item was tabled from the last meeting
in order to give the full council a chance to further study the
matter.
Larry Goldstein, chairman of the Park and Recreation Board of
Southlake made a presentation in regards to selling advertising
signs to be placed on balloted 91, in a effort to raise funds that
will go back into the park program, for items that are currently
needed. He stated this program is for the good of the public and
should be separated from the intent of the sign ordinance.
Councilmember Wooll stated he is opposed as it is a violation to
the existing sign ordinance.
Councilmember Springer stated she is torn, as she too has sat in
Goldstein's seat, as a member of the park board. She is
concerned about the vandalism issue. Her bottom line is she feels
all the profits will be spent in repairing the signs.
Mayor Westerholm asked Goldstein if the sign profit is an
over-riding problem or is there another over-riding thing?
City Council Minutes
April 4, 1989
page four
Agenda Item #6 Park Board Request- continued
Mr Goldstein again stated that the only objective on the part of
the Park Board is that they raise funds to be put back into the
park for all the items that are needed now. This needs to be done
now, not in six (6) months.
Councilmember Hall stated she would like to give it a try, it is an
exception to the ordinance, however, she supports it.
Councilmember Wooll referenced the current budget, stating that
currently $4,200 net is being spent on parks this year. Also,
$10,000 to maintain the ballfields, according to the budget.
Councilmember Evans stated he is opposed as a citizen and as a city
council member, he is still opposed. He does, however, appreciate
the work that the Park Board is doing.
Public Comments:
Jim Martin- Business owner, Jellico Corner, stated, he does
live in Southlake, but he can't advertise any other way, he
can advertise this way, he is in favor of the proposal.
not
Motion was made to grant a variance to the sign ordinance for
selling not to exceed, forty (40) signs, to be placed on
ballfield #1 (the northwest field) for a trial period to end on
December 31, 1989. For all other conditions, reference the Park
Board's proposal dated April 4, 1989.
Motion: Springer
Second: Hall
Ayes: Springer, Hall, Muller
Nays: Wooll and Evans
Approved: 3-2 vote
Agenda Item 97. Ord. No. 334-56 2nd reading
Ordinance No. 334-56, 2nd reading (ZA 89-08), a request for a
Special Exception Use Permit for the addition of two (2) portable
buildings to be located at Countryside Bible Church was presented
by Karen Gandy of the zoning department.
Mr. Jose Steelwell, Deacon with Countryside Bible Church was
present and answered questions for the council.
There were no comments during the public hearing and Mayor
Westerholm read the caption of the ordinance for the audience.
Motion was made to approve Ordinance No. 334-56 2nd reading.
Motion: Wooll
Second: Muller
Ayes: Wooll, Muller, Hall, Springer, Evans
Nays: None
Approved: 5-0 vote
City Council Minutes
April 4, 1989
page five
Agenda Item #8, #9, #10, #11 Presentation made
Karen Gandy, zoning clerk, made a presentation on Agenda Item #8,
#9, #10 and #11 at the same time, as they are all apart of the same
plat.
Agenda Item #8. Ordinance No. 334-52 2nd reading.
zoning change for a 1.118 acre tract of land, A.H.
Chivers Survey, Abst. 299. Request is for Retail-1
zoning district. Applicant: Highland Group.
Agenda Item #9. Ordinance No. 334-54. 2nd reading.
Zoning change for a 13.864 acre tract. A.H. Chivers
Survey, Abst. 299. Request is for Retail-1 zoning
district. Applicant: Highland Group.
Agenda Item #10. Ordinance No. 334-53. 1st reading.
Zoning change for a 4.00 acre tract of land. A.H.
Chivers, Abst. 299. Request is for Retail-1 zoning
district. Applicant: Selwyn School.
Agenda Item #11. Ordinance No. 3334-55. 1st reading.
Zoning change for a 4.95 acre tract. A.H. Chivers
Survey, Abst. 299. Request is for Community Service
zoning district. Applicant: Pleasant Hill Advent
Christian Church.
PUBLIC HEARING
Lester Hughes- North Carroll Avenue. He is within 200' and is in
favor of the request, however, his letter was returned.
Jerroll Chivers- 1800 N. White Chapel Blvd. A Deacon of the
church. The church needs to move and they would appreciate the
zoning as requested.
Rick Stacy- 1000 W. Southlake Blvd. He stated, the entire
property was Light Commercial when the church bought the church
property. They know they are in the noise area and they do not
oppose that.
Mr. Roy Stacy- North Shady Oaks Drive. He is a Deacon of the
church. He does not feel the noise area will bother the church.
Public hearing closed.
City Council Meeting
April 4, 1989
page six
Agenda Item #8. Ord. 334-52. 2nd reading.
Mayor Westerholm read the caption of the ordinance.
Motion was made to approve Ordinance No. 334-52, 2nd reading to
Retail-1 zoning district.
Motion: Wooll
Second: Evans
Ayes: Wooll and Evans
Nays: Springer, Muller and Hall
Approved: 2-3 vote (denied)
Councilmember Muller stated she feels the zoning should be
considered as Office-1 between the church and the schools. She has
heard concerns from parents, having retail across the street from
the schools. Councilmembers Hall and Springer also have the same
concerns and that is why they opposed the request.
Agenda Item #9. Ordinance No. 334-54 2nd reading
Mayor Westerholm read the caption of the ordinance for the audience.
Motion was made
zoning the 13.864
Motion: Springer
Second: Muller
Ayes: Springer,
Nays: None
Approved:
to approve Ordinance No. 334-54, 2nd
acre tract to Retail-1 zoning district.
Muller, Hall, Wooll and Evans
5-0 vote.
reading,
Agenda Item #10. Ordinance No. 334-53. 1st reading
Mayor Westerholm read the caption of this ordinance
City Charter.
as required by
Motion was made to approve Ordinance No. 334-53,
Community Service Zoning.
Motion: wooll
Second: Springer
Ayes: wooll, Springer, Muller, Evans and Hall
Nays: None
Approved: 5-0 vote.
1st reading as
Agenda Item #11. Ordinance No. 334-55, 1st reading
The caption of the ordinance was read by Mayor Westerholm.
Motion was made to approve Ordinance No. 334-55 as
Service Zoning.
Motion: Springer
Second: Evans
Ayes: Springer, Evans, wooll, Hall and Springer
Nays: None
Approved: 5-0 vote.
Community
City Council Meeting
April 4, 1989
page seven
Agenda
Item 12. Ordinance No. 480,
1st readin9.
reading on
Motion was made to table the 1st
new proposed zoning ordinance, until such time as the
Zoning Commission forwards it to the city council.
Motion: Springer
Second: wooll
Ayes: Springer, wooll, Hall, Evans, Muller
Nays: None
Approved:5-0 vote (to table)
Ordinance No. 480,
Planning and
Agenda Item ~14. Appointment of Financial Advisor
The city manger, Curtis Hawk made a presentation in regards to the
need for a financial advisor for the city, so that we may be able
to determine the extent of our ability to fund the large items
ahead of us. He referenced the proposed agreement which was
presented to council a few weeks ago from First Southwest.
Mayor Westerholm stated that in the past years, the city has used
the firm of Rauscher Pierce Refnses, Inc, with Tom Anderlitch
being our bonding agent.
A presentation was made by Boyd London from First Southwest,
where he made a presentation on the firm and also his own
experience. A copy of the proposal is apart of the record.
Councilmember Springer stated she has spoken with persons from the
Midland area who used the firm and they spoke highly of them.
Motion was made to approve Resolution 89-23, appointing the firm of
First Southwest with Boyd London serving as our fiscal agent.
Motion: Wooll
Second: Springer
Ayes: Wooll, Springer, Hall, Evans and Muller Nays: None
Approved: 5-0 vote.
Agenda Item #15. Revisions and Adjustments to Annual Operating
Budget
The city manager stated that he feels the cities biggest source of
revenue at this time is the collection of delinquent taxes.
Allen Taylor, city attorney, stated, that the city manager had
outlined the cities need for funds. If they start a strict program
for the collection of delinquent taxes, the city council needs to
be sure they want this and also understand the program. The cost
to the city for the collection process will only be the 15% for
collections.
City Council Meeting
April 4, 1989
page eight
Agenda Item #15 Continued- Annual Operating Budget
The city manager also stated that the police chief is working on a
program establishing a traffic control division. However, in the
mean time, he would like to have the use of over-time to work in
peak traffic times. The objection is not to create additional
revenue only, but to help with traffic control.
Hawk referenced the changes which were proposed in the budget
during the Special City Council meeting held on March 30. He
stated he will leave it there and see how things go. Possibly he
will bring this item back at a later date for amendments.
Councilmember Sally hall suggested establishing a "Court of Record"
as a source of revenue.
Agenda Item 916. Authorizing the City Manager to Review Insurance
Curtis Hawk requested the council authorize the city manager to
renew the property and liability coverages and construction
equipment liability insurance currently in force.
A discussion was held and motion was made to authorize the city
manager to renew and proceed with the insurance coverage for the
city.
Motion: Wooll
Second: Springer
Ayes: Wooll, Springer, Hall, Evans, Muller
Nays: None
Approved: 5-0 vote.
Agenda Item #17, Public Forum
Jim Burger with the Highland Group addressed council and said he
would like for agenda item # 8 to be reconsidered.
A~enda Item #8. Reconsideration of Ord. 334-52, 2nd reading
Motion was made to reconsider agenda item #8,
Ordinance No. 334-52.
Motion: wooll
Second: Springer
Ayes: Wooll, Springer, Hall, Evans and Muller
Nays: None
Approved: 5-0 vote (to reconsider)
2nd reading of
Mayor Westerholm read the caption of the corrected ordinance.
Motion was made to approve the 2nd reading of Ordinance No.
approving the zoning to Office-1 zoning district.
Motion: Springer
Second: Hall
Ayes: Springer, Hall, Wooll, Evans and Muller
Nays: None
Approved: 5-0 vote
334-52,
City Council Meeting
April 4, 1989
page nine
A~enda Item #17. Continued, Public Forum
Councilmember Springer indicated she had been informed by citizens
of the need for a "stop light" at the intersection of SHll4 and
White Chapel Blvd. Councilmember Wooll stated that the
intersection of SHll4 and Dove Road also needs a "stop light".
The city attorney indicated that the city should initiate the
contact for the stop lights through the State Department of
Highways and Public Transportation.
The city secretary was instructed to place this item on the next
agenda for action.
A~enda Item #18. Executive Session
Mayor Westerholm indicated that at this time the city council
would be convening in closed session for the purpose of
discussing items pursuant to the Open Meetings Law, Article
6252-17, Section 2(e), 2(g) and 2 (j).
A. Discussion: Pending or contemplated litigations
(refer to posted list)
B. Discussion: Personnel matters, including Boards and
Commissions(refer to posted list)
C. Discussion: Deployment and occasions for
implementation of security
personnel.
D. Return to public session.
At 10:20 p.m. the city council convened in closed session.
The city council reconvened in public session at 12:15 a.m.
A~enda Item ~19. Action Necessary, Pending Litigations
Mayor Westerholm announced that there would be no action taken as a
result of the closed session in regards to pending litigations.
A~enda Item #20. Action Necessary - Personnel Matters
A discussion was held in regards to Personnel matters, including
Boards and Commission.
Motion was made to appoint Councilmember Muller
commission as Council Liaison.
Motion: Hall
Second: Springer
Ayes: Hall, Springer, Wooll, Evans
Nays: None
Abstained: Muller
Approved: 4-0-1
to the DFW Airport
City Council Meeting
April 4, 1989
page ten
Agenda Item #21. Action Necessary - Deployment of Personnel
Mayor Westerholm announced that no action will be taken as a result
of the discussion held during the closed session on deployment and
occasions for implementation of security personnel.
Agenda Item 922. Adjournment
Motion was made to adjourn the meeting at 12:20
Motion: Evans
Second: Wooll
Ayes: Evans, wooll, Hall,
Nays: None
Approved: 5-0 vote
Springer and Muller
Joh
May
r o~ Southlake