1989-05-16 CITY OF SOUTHLAKE
667 N. Carroll Avenue
REGULAR CITY COUNCIL MEETING
May 16, 1989 7:30 p.m.
Present: Mayor, Gary Fickes; Councilmembers: Betty Springer,
Sally Hall, Rick Wilhelm, Ralph Evans and Pamela Muller. Johnny H.
Westerholm and Jim Wooll, past elected officials were present for
the beginning of the meeting.
City Staff Present: City Manager, Curtis E. Hawk; Director of
Public Works, Bill LeGrand; R.P. Steele, Fire Chief; Billy
Campbell, Police Chief; Eddie Cheatham, City Engineer; E. Allen
Taylor, City Attorney. Karen Gandy, Zoning Assistant was present
for the zoning items.
Invocation: Mayor Johnny Westerholm.
A work session was held beginning at 6:30 p.m. for the purpose of
reviewing agenda items for tonight's meeting.
A~enda Item ~2. Approval of the Minutes
The minutes of the Regular City Council meeting held on May 2, 1989
were approved as clarified and the minutes of the May 8, Special
City Council meeting were approved as presented.
Motion was made to approve the minutes as stated above.
Motion: Evans
Second: Muller
Ayes: Evans, Muller, Hall, Wooll and Springer
Nays: None
Approved: 5-0 vote.
At this time, Mayor Westerholm thanked the city council for the
opportunity he has had to work with them, for their support and
dedication to the city. He thanked the city staff for their
support and most of all he thanked the citizens of the City of
Southlake for their support during the years he has served the
city as City Councilmember and Mayor.
He stated he truly feels the city is the greatest city, a model
city, and compared to what is to take place over the next eight (8)
years, the last eight (8) years was nothing. We are about to seat a
new council who he feels, also has the cities best interest at
heart.
Councilmember Jim Wooll echoed Mayor Westerholm's comments. He
also thanked the staff who prepared so much information for the
councilmembers which helped them make decisions. It was nice
working with the rest of the councilmembers. He stated he has
learned so many lessons and he had no idea of the commitment that
elected officials make when they choose to run for election.
City Council Minutes
May 16, 1989
page two
Agenda Item #3 Oath of Office
The oath of office was administers to Mayor Gary Fickes,
Councilmembers Betty Springer and Rick Wilhelm by City Secretary,
Sandra L. LeGrand.
Mayor Fickes then presented an award to Johnny Westerholm, thanking
him for the work and dedication he has shown the citizens of the
City of Southlake. Jim Wooll was also given an award by Mayor
Fickes, who thanked him for his service to the city.
Agenda Item #4. Mayor's Report
Mayor Fickes referenced a meeting which was held of the
Southlake-Trophy Club Merger committee on May 11, at 7:00 p.m. at
Trophy Club. A preliminary review has been presented by
accountants in regards to the economics of the merger. It was
discovered at that meeting that they would proceed with the talks
of the merger as they were going but would not include, at this
time, the merging of the Municipal Utility Districts, because of
the tax structure and tax burden and endebtedness of the Municipal
Utility District. The accountants are to bring back a break down
of the proposed taxes without those included and go from that
point. The full committees from both cities are meeting on May 17,
1989 at 7:00 p.m. at Trophy Club.
A proclamation was presented to Nobuyuki Hanaki, a foreign
exchange student, here under the American Field Service Program,
living with the Jim Schuelke family until July 1989. Mr.
Hanaki was also presented from Mayor Pro Tem Springer, a flag
which flew over the State Capital of Texas, on April 13, 1989, who
stated it was a gift from Honorable House Speaker Gib Lewis.
Agenda Item ~5. City Manager's Report.
Curtis Hawk, City Manager reported that at 58% of the fiscal year
completed, 55% of the budget is expended. The sales tax receipts
for this quarter have actually decreased by 6% even though the
newspaper shows an increase, it is because we have recovered
$13,000 in back taxes which the consultant has collected for the
city. This shows a decrease of about 8% over last year.
In regards to the Environmental Impact Statement which is being
prepared jointly by the FAA and the DFW Airport Board
concerning airfield improvements at DFW, there will be a series
of meetings next week, if anyone is interested, contact the city
manger's office.
City Council Minutes
May 16, 1989
page three
A~enda Item #5 Continued
Mr. Hawk also reported that he received a letter from J.R. Stone,
State Highway Department, in reply to our request for additional
traffic signals at SHll4 and White Chapel Road and SHll4 and
Dove Road. Stone indicated they will be performing a study to
ascertain if the signals are needed and will inform the city of
their findings when they have completed the study.
He visited with J.R. Stone at the district office, in regards to
improvements on FM 1709 and the letting dates have changed. The
date has changed to March 1992 for the east end and November 1992
for the west end of the road.
A~enda Item 96. Consent A~enda Items
The consent agenda item 96, Resolution No. 89-32, was
which authorizes the City Manager to renew the contract
Fort Worth Star Telegram for the cities legal publication.
Motion: Springer
Second: Hall
Ayes: Springer, Hall, Wilhelm, Evans and Muller
Nays: None
Approved 5-0 vote.
approved,
with the
A~enda Items ~7, ~8, 99 Appointments, Health Officer, Municipal
Judge, Alternate Judge.
Appointment of Health Officer, Dr. John
7. Resolution 89-29.
Ansohn.
8.
Resolution 89-30. Appointment of Municipal Judge, Brad
Bradley.
Resolution 89-31. Appointment of Alternate Municipal
Judge, Carmen Blankenship.
Motion was made to approve the above resolutions as presented.
Motion: Springer
Second: Evans
Ayes: Springer, Evans, Hall, wilhelm, and Muller
Nays: None
Approved: 5-0 vote.
The oath of office was given to Dr. John Ansohn by the City
Secretary, Sandra L. LeGrand.
Mayor Fickes announced that agenda item 911, ~12, and #13 will be
considered after the executive session on tonight's meeting.
City Council Minutes
May 16, 1989
page four
A~enda Item 914. Ord. 334-57, 2nd reading.
A zoning request for a 1.079 acre tract of land out of the W.M.
Mills Survey, Abstract No. 877 (Denton County) and Abstract No.
1086, (Tarrant County), with the current zoning as Agricultural,
and the request is for the Community Service Zoning District.
Owners: MCI Telecommunications.
Karen Gandy, zoning assistant made the presentation in regards to
the second reading of Ordinance No. 334-57.
At this time in the meeting, the power went off due to a
severe storm, therefore, the tape recorder did not
continue to function.
Public Hearing:
Mr. Gordon Williams, attorney for MCI answered questions for the
city council.
There were no comments during the public hearing.
Mayor Fickes read the caption of the ordinance as
city charter.
required in the
Motion was made to approve Ordinance No. 334-57,
requested for Community Service Zoning District.
Motion: Springer
Second: Muller
Ayes: Springer, Muller, Evans, Hall, Wilhelm
Nays: None
Approved: 5-0 vote
2nd reading as
A~enda Item #15. Discussion: Letter of A~reement with Arvida
The City Manger, Curtis Hawk explained the reason for this agenda
item, in that the city staff would like direction from the city
council in reference to the preparation of a letter of agreement
with Arvida Communities for off-site sewer for Southwind
Addition.
Questions to be discussed include: 1) directions in regards to a
refund or rebate policy for the project. 2) whether or not the city
will allow the developer an extended length of tie on time. 3) how
long a rebate period is the city going to allow. 4) does the city
agree to pay a guaranteed amount of rebate.
Due to the bad weather this discussion item was postponed until a
later time.
City Council Minutes
May 16, 1989
page five
A~enda Item #16. Public Forum
Richard Knuff- 1381 Lakeview, Southlake.
He stated he is a plaintiff in the law suit, Lemke, Swift et
al, City of Southlake. He stated the property owners did not
want the law suit, they felt trapped and betrayed by the city.
They were surprised and shocked that they did not get input in the
discussions on the agreement between the city and Lemke. They
were told their only alternative was an injunction against the city.
He is very sorry about the situation, they did not want it to be
there. They felt their homes were threatened. Please carefully
consider any further acts on this issue.
George Kay- 1336 Meadow Glen, Southlake.
He referenced the position he presented a couple of weeks ago at
city council meeting. Please consider what this has done to his
neighborhood. Don't let this develop into the same type problems
as on Highway 26.
Madelyn Swift- 1382 Lakeview, Southlake.
She asked the city for protection. She asked the city council to
think for themselves and to have the courage to become city council
members and do what is right.
Diane McCeutcheon- 1383 woodbrook, Southlake
She is a neighbor and friends of the folks who have the law suit
concerning Lemke. She is concerned that the city is thinking of
issuing more permits in the area. She is appealing to city council
to look into their hearts, this is a mistake.
Mayor Fickes stated he hopes that this is not a "no-win" situation
for everyone. City Council is listening very carefully to their
comments.
Kenny Shirley- 1789 Kingswood, Southlake.
At 5:00 a.m. in the morning, Lemke's lights shine in his
As a citizen, he is asking council to consider their requests.
house.
Dick Graham- 1342 Lakeview, Southlake.
He told of his experience when he was in Lemke's shoes and built
around residences. He is now sorry he did that, but he was happy
at the time, he made money from it. He asked Council to listen to
the people.
City Council Minutes
May 16, 1989
page six
Agenda Item %16 Continued- Public Forum
Jim wooll- 1400 Emerald, Southlake.
He stated people in Southlake purchased land and development took
place. The city passed a charter, next, city council went through
the agony of whose protesting annexation. He does not have
sympathy for those who are now having problems, the law suit is
costing all the tax payers a lot of money.
Agenda Item #17. Executive Session
An executive session was held pursuant to the Open Meetings Law,
Article 6252-17, Section 2 (e), and Section 2 (g), under the
provision dealing with Litigations and Personnel. (Refer to posted
list of litigations and personnel.)
Mayor Fickes stated the reason for the executive session is for
Council to discuss pending or contemplated litigations and
personnel matters, including Boards and Commissions.
At 9:10 p.m. the executive session began.
Agenda Items #18 and #19. Action Necessary.
Council reconvened in open session at 11:05 p.m.
Mayor Fickes stated that no action is necessary as a result of
items #18 and #19 on the agenda.
Agenda Item #10. Resolution 89-28.
Motion was
as Mayor
Fickes.
Motion:
Second:
Ayes:
Nays:
Abstain:
Approved:
made to approve Resolution 89-28 naming Betty Springer
Pro Tem for a one (1) year term, as recommended by Mayor
Hall
Wilhelm
Hall, Wilhelm, Evans and Muller
None
Springer
4-0-1 vote
City Council Minutes
May 16, 1989
page seven
Agenda Item #11. Resolution 89-33. Appointment of Board of
Adjustments
Resolution 89-33 was approved naming
Downard, John Scoggan and Jim Wooll as
Board of Adjustments and naming Dennis
member of the Board of Adjustment.
Motion: wilhelm
Second: Muller
Ayes: Wilhelm, Muller, Evans, Hall and Springer
Nays: None
Approved: 5-0 vote.
Art Sorenson, Robert
regular members of the
Minder as an alternate
A~enda Item #12. Resolution No. 89-34 Appointment of Plannin~ and
Zonin~ Commission
Resolution 89-34 was approved naming Lanny Tate for a one (1) year
term and naming, Buddy Luce, Aloha Payne and James Divine for
two (2) year terms.
Motion: Muller
Second: Springer
Ayes: Muller, Springer, Hall, Evans and Wilhelm
Nays: None
Approved: 5-0 vote
Agenda Item %13.
Motion was made to table Resolution 89-35, time
City Council meeting.
Motion: Springer
Second: Evans
Ayes: Springer, Evans, Hall, Wilhelm and Muller
Nays: None
Approved: 5-0 vote (to table)
Resolution 89-35 Appointment to Parks Board
certain June
Agenda Item %15 Continued
A continuation of the discussion concerning the letter of agreement
with Arvida Communities for off-site sewer was held. It was
suggested that council was uncomfortable with the guarantee to the
developer for rebates, however, council is happy with a rebate
agreement. They feel they are looking at a seven (7) year
agreement with a small administration fee.
City Council Minutes
May 16, 1989
page eight
A~enda Item 920. Adjournment
Motion was made to adjourn the meeting at 11:35 p.m.
Motion: Evans
Second: Springer
Ayes: Evans, Springer, Muller, Wilhelm and Hall
Nays: None
Approved: 5-0 vote.
Due to the severe weather and the power still being
out, there was not tape recording made of this
meeting after agenda item 914.
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7 hP * ,,, ,r i n an effort to promote friendship
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and worldwide understanding, the American Field Service (AFS) has
made it possible for a young man from Japan to cane to the United
States and the State of Texas to live with Jim and Janie Schuelke
and family from August 1988 to July 1989; and,
TATEREAS, the Carroll Senior High School and the City of Southlake are
honored with having an exchange student who is not only on the "A" Honor
Roll but has had the opportunity to participate in high school sports; and
WHEREAS, he expressed that he likes living here most for its wide open
spaces, big houses, and steak dinners; now,
THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SOUTHLARE,
TEXAS, that:
Nobuyuki Hanaki
is hereby recognized by Mayor Gary Fickes and members of the Southlake City
Council, on this the 16th day of May, 1989.
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City of Southlake, Texas
OATH OF OFFICE
STATE OF TEXAS:
COUNTY OF TARRANT:
CITY OF SOUTHLAKE:
"I GARY FICKES, do solemnly swear (or affirm) that I will
faithfully execute the duties of MAYOR, of the City of Southlake,
State of Texas, and will to the best of my ability preserve,
protect, and defend the Constitution and Laws of the United States
of America and of this State and the Charter and Ordinances of this
City. I furthermore solemnly swear (or affirm) that I have not
directly nor indirectly paid, offered, or promised to pay,
contributed, nor promised to contribute any money or valuable
thing, or promised any public office or employment, as a reward for
the giving or withholding of a vote at the election at which I was
elected. So help me God."
SW RN 0 AND SUBSCRIBED BEFORE ME, T THE 1 •' OF
1989.
111,141W
J: T riy P. c ester o m
Ma or
ATTEST:
A/ LA I A ,
..n•ra L. LeGrand
City Secretary �'�., ....
t u e�► 4 ` ,00\`
City of Southlake, Texas
OATH OF OFFICE
STATE OF TEXAS:
COUNTY OF TARRANT:
CITY OF SOUTHLAKE:
"I RICHARD WILHELM, do solemnly swear (or affirm) that I will
faithfully execute the duties of COUNCILMEMBER PLACE 1, of the
City of Southlake, State of Texas, and will to the best of my
ability preserve, protect, and defend the Constitution and Laws of
the United States of America and of this State and the Charter and
Ordinances of this City. I furthermore solemnly swear (or affirm)
that I have not directly nor indirectly paid, offered, or promised
to pay, contributed, nor promised to contribute any money or
valuable thing, or promised any public office or employment, as a
reward for the giving or withholding of a vote at the election at
which I was elected. So help me God."
. / . €:d.t.Z4a.. ) „, ArSAL,644.,
SWORN TO AND SUBSCRIBED BEFORE ME, T -E / j D •F
it(Ay 1989. SUBSC h Ir
A \ 44110" IVO{
II Jo ny = ' st'' o` m .
May
ATTEST: N
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Sandra L. LeGrand :w
City Secretary
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City of Southlake, Texas
OATH OF OFFICE
STATE OF TEXAS:
COUNTY OF TARRANT:
CITY OF SOUTHLAKE:
"I BETTY SPRINGER, do solemnly swear (or affirm) that I will
faithfully execute the duties of COUNCILMEMBER PLACE 2, of the
City of Southlake, State of Texas, and will to the best of my
ability preserve, protect, and defend the Constitution and Laws of
the United States of America and of this State and the Charter and
Ordinances of this City. I furthermore solemnly swear (or affirm)
that I have not directly nor indirectly paid, offered, or promised
to pay, contributed, nor promised to contribute any money or
valuable thing, or promised any public office or employment, as a
reward for the giving or withholding of a vote at the election at
which I was elected. So help me God."
/4Ci 4
40 II/
SWO TO AND SUBSCRIBED BEFORE ME, T' 4 P eF
1989. ,I j
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Jo'Inny ='.' Westerholm
Ma or
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ATTEST: ��� ,3, ® ' , ., I:
l4(/Al 4(/ie-eZki '''''- ' ;q
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Sandra L. LeGrand VA
City Secretary .
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City of Southlake, Texas
. OATH OF OFFICE
STATE OF TEXAS:
COUNTY OF TARRANT:
CITY OF SOUTHLAKE:
"I ,/ / �!'C /� , do solemnly swear (or affirm) that I
will f aithfully execute the duties of the office of CITY HEALTH
OFFICER, of the City of Southlake, State of Texas, and will to the
best of my ability preserve, protect, and defend the Constitution
and Laws of the United States of America and of this State and the
Charter and Ordinances of this City. I furthermore solemnly swear
(or affirm) that I have not directly nor indirectly paid, offered,
or promised to pay, contributed, nor promised to contribute any
money or valuable thing, or promised any public office or
employment, as a reward to secure my appointment or the
confirmation thereof. So help me God."
i V l/ PO
SWO TO AND SUBSCRIBED BEFORE ME, THIS THE DAY OF
1989.
./
t...r
ary F cke
Mayor
ATTEST:
ha L. LeGrand oc $
h
City Secretary ° %,
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City of Southlake, Texas
OATH OF OFFICE
STATE OF TEXAS:
COUNTY OF TARRANT:
CITY OF SOUTHLAKE:
"I (_A jf4/ OZA/ / ///72 , do solemnly swear (or affirm) that I
will faithfully execute the duties of the office of ALTERNATE
JUDGE, of the City of Southlake, State of Texas, and will to the
best of my ability preserve, protect, and defend the Constitution
and Laws of the United States of America and of this State and the
Charter and Ordinances of this City. I furthermore solemnly swear
(or affirm) that I have not directly nor indirectly paid, offered,
or promised to pay, contributed, nor promised to contribute any
money or valuable thing, or promised any public office or
employment, as a reward to secure my appointment or the
confirmation thereof. So help me God."
/2 ,-7)
l � - //I, 4/ I `�
SIN T• AND SUBSCRIBED BEFORE ME, THIS THE 7 DAY OF
�, 1989.
Gary Fickes
Mayor
..Se` 1111er1u
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ATTEST:
v T L q <' ,
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.ndra L. Le rand "
City Secretary
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