1990-05-15 CITY OF SOUTHLAKE
667 N. Carroll Avenue
REGULAR CITY COUNCIL MEETING
May 15, 1990 7:30 P.M.
COUNCILMEMBERS PRESENT: Mayor, Gary Fickes; Mayor Pro Tem Betty
Springer. Members: Sally Hall, Rick Wilhelm, Ralph Evans, Jerry
Farrier. Councilmember Pamela Muller was present until Mr.
Farrier was sworn into office, at that time, she stepped down.
CITY STAFF PRESENT: Curtis E. Hawk, City Manager; Michael Barnes,
Director of Public Works; R.P. Steele, Fire Chief; Billy Campbell,
Police Chief; Renee' Wheeler, Finance Officer; Wayne Olson, City
Attorney; Eddie Cheatham, City Engineer; and, Sandra L. LeGrand,
City Secretary.
INVOCATION: Councilmember Ralph Evans
Agenda Item ~2, Approval of the Minutes
The Minutes of the May 1, City Council meeting were approved as
modified, and the minutes of the Special City Council meeting held
on May 7, 1990, were approved as presented.
Motion: Wilhelm
Second: Springer
Ayes: Wilhelm, Springer, Hall, Evans, Muller
Nays: None
Approved: 5-0 vote
Agenda Item #3, Oath of Office for New Councilmembers
Mayor Fickes made a presentation to Pamela Muller as an outgoing
City Councilmember. He stated the City has been very blessed to
have a Councilmember who has been as dedicated as Pamela. She has
served on the Council for two years, and has served on other
committees before that. " She has been an inspiration to Council
and has kept us on our toes", the Mayor added. At that time, he
presented Mrs. Muller with a plaque.
Pamela Muller stated the City has gone through a lot of changes
during the past two years that she has been on the Council, their
have been positive changes and it has been due to the cooperation
of the Council and due to the professional staff. She is very
enthusiastic about the direction that the City is now taking. She
wishes the best to all the Councilmembers in the coming year and
she hopes to return to Southlake and serve the City again in the
future.
The City Secretary then administered the Oath of Office to new
Councilmembers as follows: Councilmember Place 3, Jerry Farrier;
Councilmember Place 4, Sally Hall; and, Councilmember Place 5,
Ralph Evans.
City Council Minutes
May 15, 1990
page two
Agenda.Item #3, Mayor's Report
Mayor Fickes announced that this morning at City Hall, a meeting
was held with City of Keller, Representatives from State Highway
Department, the County right of way acquisitions department, Bob
Hampton's office, and, Representative Bill Carter's office,
concerning FM 1709. It was a very informative meeting as they were
given information on the costs of curb, gutter and drainage for the
project. The Mayor stated that they realize that the City is very
serious about this project and staying on course with its present
time table.
There is a possibility that the time table could
right of way is acquired by the end of the year,
be moved by the middle of the year; however, there
that it could go the other way also.
be moved up, if
and utilities can
is a possibility
Fickes stated that the next meeting in regards to the FM 1709
project will be held on July 17, however, before that meeting, they
will go as a group to Austin in regards to this issue.
The Texas Municipal League Mayors and City Councilmembers
Conference will be in Lubbock this year on June 28-July 1. The
Mayor will be going, along with Councilmembers Wilhelm and
Farrier.
Mayor Fickes noted that last Tuesday night, he and Councilmember
Wilhelm met with citizens from Continental Park Estates in regards
to funding the sewer facilities for that subdivision. He noted
that a Special Council Meeting will be held on May 16, 1990, at
7:30 p.m. for the purpose of discussing the sewer facilities.
Council feels it will be a lengthy discussion, therefore, a
separate meeting was decided upon.
Councilmember Wilhelm reported on the Southlake Economic
Development Council, stating that for the regular meeting this
month, they had the opportunity through Sonny Rhodes, with TU
Electric, to meet with the Economic Development Council within
their company, where they help cities such as Southlake market
themselves. He felt it was a very informative all day meeting,
held on May 8. wilhelm stated that production should begin shortly
on a promotional video for Southlake.
It was announced that C.O.N.E.T will be meeting on May 17, 1990, at
3:00 p.m. at Colleyville City Hall.
City Council Minutes
May 15, 1990
page three
Agenda Item # 5, City Manager's Report
The City Manager, Curtis Hawk, reported that there has been two
meeting on establishing the advantages and disadvantages of
Southlake going to "Court of Record". He added that the next
meeting will be held on May 22, 1990. A more in-depth report will
be given during the Council Retreat, which will be held in June.
Agenda Item #6, Public Forum
No comments were received during the public forum.
Agenda Item #7, Ordinance No. 507, 2nd reading. TU Electric Rate
Increase
Curtis Hawk explained that on February 6, 1990, Council passed
Resolution 90-10, suspending the proposed ten percent TU Electric
Rate Increase until May 21, 1990, and authorizing our participation
in the Steering Committee of TU Electric Service Area Cities to
retain legal counsel and engage rate case consultants to intervene
on the cities behalf before the PUC. The Public Utility Regulatory
Act requires regulatory agencies including municipalities to make a
finding on the predency of the rate request related to nuclear
power generation before such can be included in the rate base.
During the May 15, 1990, City Council meeting, the Council approved
1st reading on Ordinance No. 507.
The public hearing resulted with no comments from the audience.
Motion was made to approve Ordinance No.
the requested rate increase.
Motion: Wilhelm
Second: Hall
507, 2nd reading,
denying
Mayor Fickes read the caption of the ordinance.
Ayes: Wilhelm, Hall,
Nays: None
Approved: 5-0 vote.
Farrier, Evans,
Springer
Agenda Item #8, Ordinance No. 480-19, 2nd reading. Zoning/Fina
Karen Gandy, Zoning Administrator, made a presentation on Ordinance
No. 480-19, request for a 3.61 acre tract of land out of the C.B.
McDonald Survey, Abstract No. 1013, Tracts 4, 4B, and 4C, and the
P.R. Splane Survey, Abstract No. 1453, Tract lB. She stated the
property has been annexed into the City as Agricultural, request is
for Industrial-2 Zoning District.
City Council Minutes
May 15, 1990
page four
Agenda Item #8, Continued
Owner of the property is Fina Oil and Chemical Company.
The public hearing resulted with no comments from the audience.
Motion was made to approve the 2nd reading of Ordinance No.
zoning request to Industrial-2, for Fina Oil Company.
Motion: Springer
Second: Evans
480-19,
Mayor Fickes read the caption of the ordinance.
Ayes: Springer,
Nays: None
Approved: 5-0 vote.
Evans, Farrier, Hall,
Wilhelm
Councilmember Ralph Evans stepped down for agenda items
#9 and #10.
Agenda Item ~9, Ordinance No. 480-20, 2nd reading.
Zoning/Truelove
A zoning request and concept plan for a 39.5508 acre tract of land
out of the Littleberry G. Hall Survey, Abstract No. 686, Tracts 1D
and 1F and the Thomas M. Hood Survey, Abstract No. 706, Tracts 9A
and 9Al was considered in second reading. Zoning Administrator,
Karen Gandy, indicated that the zoning request was changed from SF
20 B to SF 20 A. Eleven letters were sent to property owners
within 200' and one response was received from Mr. and Mrs. Ted
Kasper. On May 1, the City Council approved the 1st reading of
the ordinance, eliminating the need for a street stub out to the
north.
Bob Raley, Engineer, was present, representing James R. Harris
Company.
No comments were received from the audience during the public
hearing.
Motion was made to approve the 2nd reading of Ordinance No.
Motion: Wilhelm
Second: Farrier
480-20.
Mayor Fickes read the caption of the Ordinance.
Ayes: Wilhelm, Farrier,
Nays: None
Approved: 4-0 vote
Hall, Springer
City Council Minutes
May 15, 1990
page five
Agenda Item $10, Ordinance No. 480-21, 2nd readin9
Zoning/Truelove
Karen Gandy, Zoning Administrator, introduced Ordinance No. 480-21,
2nd reading, zoning request and concept plan for a 3.87022 acre
tract of land out of the Littleberry G. Hall Survey, Abstract No.
686, being a portion of Tract 1F. Current zoning is Agricultural,
request is for the Single Family 30 zoning district.
Gandy indicated that on April 19, the Planning and Zoning
Commission recommended approval with a 7-0 vote, and on May 1, the
City Council approved the 1st reading of the ordinance with a 4-0
vote.
The public hearing resulted with no comments from the audience.
Motion was made to approve the
as presented.
Motion: Wilhelm
Second: Hall
2nd reading of Ordinance No.
480-21,
Mayor Fickes read the caption of the ordinance.
Ayes: Wilhelm, Hall,
Nays: None
Approved: 4-0 vote
Springer, Farrier
Councilmember Ralph Evans returned to the Council table.
Agenda Item $11, Ordinance No. 480-A, 1st reading. Allowing for
Portable Buildings in certain Zonin9 Districts.
Mayor Fickes stated that it was discovered, after the zoning
ordinance was completed, that their is no allowance in the
ordinance for portable buildings. From time to time, this issue
needs to be addressed. The 1st reading of the ordinance was tabled
during the May 1, City Council meeting in order for the City
Attorney to incorporate certain concerns of the City Council, into
the ordinance.
Public Hearing:
Harold Knight, 1740 E. Highland, stated a bank has approached them
about leasing property for a bank for five (5) years, and they want
to locate a stucco portable building on their property. His office
is waiting for this process to be completed. He also expressed
concerns that the applicant may be turned down on an arbitrarily
vote after the first three year permit has expired.
City Council Minutes
May 15, 1990
page six
Agenda Item #11, Continued
Rick Stacy, 1000 W. Southlake Blvd., stated he has a concern with
locating any structure in the right of way. If it is stucco, it
will have a taxable value, and we don't want to buy it.
Joe L. Wright, 1640 South Brumlow Avenue, suggested that City
Council may require the applicant to post a "bond" for use to
assure that the lot is cleaned up after the portable building is
ready to be moved from the property.
Public hearing closed.
As a result of City Council discussion on this ordinance, the
following items have been listed as amendments to the ordinance,
prior to the second reading:
1)
2)
3)
4)
5)
6)
7)
3 year permit, with one year subsequent renewal permits.
permanent foundation with masonry facade, with City
Council approval only.
a site plan will accompany application in narrative form.
allowed in all districts except residential.
maintain the area of the portable building in a neat
and presentable manner.
require a bond for removal of the structure at
expiration of permit.
hard surface parking lot.
Motion was made to approve the
as amended above.
Motion: Hall
Second: Evans
1st reading
of Ordinance No. 480-A,
Mayor Fickes read the caption of the ordinance.
Ayes: Hall, Evans, Farrier,
Nays: Springer
Approved: 4-1 vote.
Wilhelm
Agenda Item #12, Ordinance No. 480-18, 1st reading. Zoning/Bass
Development Company
Karen Gandy, Zoning Administrator, made a presentation on Ordinance
No. 480-18, request for a zoning change and concept plan for a
19.995 acre tract of land out of the Littleberry G. Hall Survey,
Abstract No. 686, Tracts 3F and 3G. Current zoning is
Agricultural, request is for the SF 20 A residential zoning
district.
City Council Minutes
May 15, 1990
page seven
Agenda Item #12, Continued
Gandy noted that on April 5, the Planning and Zoning Commission
denied the request by a vote of 4-2, and on April 17, the City
Council tabled the request until tonight's meeting.
Pat Adkins, Tipton Engineering, representing the applicant, Bass
Development Company, stated that one month ago, the City Council
directed them to go back and rework the concept plan. By doing
what the City Council had suggested, he reported that they lost
ten (10) lots, or a 30% reduction of the lot yield, making the
feasibility of developing the property, not there. They feel after
looking at everything that the original plan is the plan they
needed to bring back to the City Council. They considered what is
marketable.
They feel that the current condition of impact is not there. This
property would raise the tax base in the city by 10 million
dollars. They have completed all the studies and feel 20,000
square foot lots will work.
Public Hearing:
Rick Stacy, 1000 W. Southlake Blvd., stated that this property is
small and most expensive, and perhaps it should not be developed.
They wanted more land, and wanted him to sell, but they did not
offer enough money. His concerns are the same, they have made
little or no effort to address the concerns. Stacy also reminded
Council that they have drainage problems. He stated he feels
uncomfortable with the developer not showing some kind of
compromise. He is opposed to SF 20.
Meryl Stacy, 320 North Shady Oaks Drive, she requested that
Council please consider their feelings.
Public Hearing closed.
Councilmember Wilhelm commented that the Land Use Plan shows low
density residential for that area, and he would like to use the
plan as a guide.
Motion was made
reading.
Motion: Evans
Second: Wilhelm
to deny the request for Ordinance No. 480-18, 1st
Mayor Fickes read the caption of the ordinance.
Ayes:
Nays:
Denied:
Evans, Wilhelm, Hall
Springer, Farrier
3-2 vote
City Council Minutes
May 15, 1990
page eight
Agenda Item #13, Final Plat of Brewer Addition.
Zoning Administrator, Karen Gandy, stated that the final plat of
Brewer Addition, a 8.234 acre tract of land out of the J.J.
Freshour Survey, Abstract No. 521, being the northern portion of
Tract 3J, has been submitted for consideration.
Mr. C.J. Brewer was present for the meeting to answer questions for
Council.
Councilmember Wilhelm stated that he wanted the applicant to be
made aware of city requirements for further development or
replating of these lots, and, that there will be a requirement to
put the road in, the city will not build the road. Mike Barnes
noted that building permit requests will be denied if the water
line has not been run and the road is not built to city
specifications.
The City Manager, Curtis
maintain the road in its
water tower.
Hawk, noted that
current state,
the City will continue to
so that we can access the
Motion was made to approve the final plat of Brewer Addition,
subject to items #1 and #2 of the May 15, 1990, Cheatham review
letter.
Motion: Wilhelm
Second: Hall
Ayes: Wilhelm, Hall, Springer, Farrier, Evans
Nays: None
Approved: 5-0 vote.
Council adjourned to recess at 9:20 p.m.
Council returned to session at 9:37 p.m.
Agenda Item #14, Ordinance No. 505, 2nd reading. Abandon
Vehicles
Curtis Hawk, City Manager, explained that this is the 2nd reading
on Ordinance No. 505, dealing with abandon vehicles and junk
vehicles. He stressed that he proposes that this ordinance be
enforced on a complaint basis only. It given the city a chance to
look at the situation, and it gives the Police Department a tool to
enforcement. Hawk stated that this ordinance is keeping with what
the staff is trying to do by keeping the ordinances up to date.
Public Hearing:
Mark Linimon, 3180 Peninsula Drive, asked if the
to vehicles on the street or on private property?
ordinance applies
Public hearing closed.
City Council Minutes
May 15, 1990
page nine
Agenda Item #14, Continued
Chief Billy Campbell replied to Mr. Linimon, that the ordinance
applies to both on the street and on private property. Campbell
went on to define abandon and junk vehicles.
Motion was made to approve Ordinance No.
Motion: Farrier
Second: Hall
505, 2nd reading.
Mayor Fickes read the caption of the ordinance.
Ayes: Farrier, Hall,
Nays: None
Approved: 5-0 vote
Wilhelm, Springer, Evans
Agenda Item 15, Resolution 90-32, Stratospheric Ozone Depleting
Compounds
Resolution 90-32, endorsing State and Local Government control of
stratospheric ozone depleting compounds, has been tabled from the
May 1, City Council Meeting.
Councilmember Wilhelm stated that Councilmember Sally Hall has
brought a newspaper article on the subject, and he feels Council
should read it before acting on the resolution.
Wilhelm also stated that in talking with North
Governments, he finds that there is no urgency in
resolution, therefore, he moved to table Resolution
certain, June 5.
Motion: Wilhelm
Second: Springer
Ayes: Wilhelm, Springer, Hall, Farrier, Evans
Nays: None
Approved: 5-0 vote (to table)
Central Council of
passing the
90-32, time
Agenda Item ~16, Discussion: Sign Ordinance No. 506
The City Council discussed the proposed Sign Ordinance No. 506.
Mayor Fickes asked City Council to continue to look at the
ordinance and he will also work on it. It will be on the next
Council agenda as a discussion item.
City Council Minutes
May 15, 1990
page ten
Agenda Item #17, Discussion: Charter Amendments
The City Manager, Curtis Hawk, remarked that he has previously
mentioned the difficulties presented by the Charter in certain
aspects of the administration of our business. Much of the problem
we have is pertaining to public hearings, citizen participation,
and ordinances, and the organizations interpretation of the
requirements. Other problem areas include public hearings related
to budget, collection of city taxes, to name a few.
Mayor Fickes noted that the number of Council members could be
changed from five to six, with the Mayor voting; changing the term
of office to three years, instead of two years.
After discussion, Mayor Fickes suggested that the City Manager
summarize the points discussed tonight and present the suggestions
to Council for the next meeting.
Agenda Item 918, Ordinance No. 508, 1st reading,
O~dinance No. 349, 368, 396, with regards to speed limits
amending
Ordinance No. 508, amending Ordinance No. 349, 368 and 396, was
discussed by City Council.
The Police Chief, Billy Campbell, explained to Council that the
purpose of the ordinance is a clean up of the ordinances noted,
with regards to street names.
Motion was made to approve the
Motion: Springer
Second: Hall
1st reading of ordinance No. 508.
Mayor Fickes read the caption of the ordinance.
Ayes: Springer, Hall, Farrier,
Nays: None
Approved: 5-0 vote
Wilhelm, Evans
Agenda Item #19, Executive Session
Mayor Fickes announced that the City Council would be going into
executive session pursuant to V.T.A.S. Article 6252-17, Section 2,
(e), 2(f), 2(g). Refer to posted list of litigations.
Council went into executive session at 11:05 p.m.
Council returned to open session at 11:18 p.m.
City Council Minutes
May 15, 1990
page eleven
Agenda Item #20, Action Necessary/Contemplated Litigations
No action was necessary in regards to pending or contemplated
litigations, as the result of the executive session.
Agenda Item #21, Action Necessary/Personnel Matters
No action was necessary in regards to personnel matters, or boards
and commissions, as the result of the executive session.
Agenda Item #22, Adjournment
The meeting was adjourned at 11:20 p.m.
Motion: Wilhelm
Second: Hall
Ayes: Wilhelm, Hall,
Nays: None
Approved: 5-0 vote
Evans, Farrier, Springer
~a~or Gary~ic es - /
.......... -%
Sandra L. LeGrand %~ ~ ~ ~% . ~
C~ty Secretary % ... ..' .~
In the name and by the authority of
c
The State of Texas
OATH OF OFFICE
1
I, SALLY HALL , do solemnly swear (or
affirm), that I will faithfully execute the duties of the office of
I COUNCILMEMBER PLACE 4 of the
exas, and will to the best of my ability preserve, protect, and defend the Constitution and
laws of the United States and of this State, so help me God.
1
SALLY ALL
SWORN TO and Subscribed before me by
Sally Ha 11 on this
15 d o f May , 19 90 .
1
ignature of Person Administering Oath
(9.al) Sandra L. LeGrand
Printed Name
City Secretary
Title
I c
rr
In the name and by the authority of
The State of Texas wig
te
OATH OF OFFICE
t _ z
W. RALPH EVANS , do solemnly swear (or
affirm), that I will faithfully execute the duties of the office of
COUNCILMEMBER PLACE 5 of the
State of Texas, and will to the best of my ability preserve, protect, and defend the Constitution and
laws of the United States and of this State, so help me God.
C ll . ` A
W. RAL' EVANS
ji
SWORN TO and Subscribed before me by W. Ralph Evans on this
15 day of May , 19 90 .
s a.,/(11,1Ai/
ignature of Person Administering Oath
(seal) Sandra L. LeGrand
Printed Name
City Secretary
Title
c
In the name and by the authority of
The State of Texas
1
OATH OF OFFICE
1
JERRY FARRIER , do solemnly swear (or
affirm), that I will faithfully execute the duties of the office of
COTTNC'TT,MEMRER. PLACE 3 of the
State of Texas, and will to the best of my ability preserve, protect, and defend the Constitution and
laws of the United States and of this State, so help me God.
Aolk
/ JERRY "ARRIER
SWORN TO and Subscribed before me by Jerry Farrier on this
15 day of May , 19 90 .
/ / 1/
AN /L.A1,A A L AL!.
Signature of Person Administering Oath
Sandra L. LeGrand
Printed Name
City Secretary
Title
Am*
THE STATE OF TEXAS
COUNTY OF
I, ‘J � as a member of the ..
make thi ffidavit and hereby on oath state th following: I,
and /or a person or persons related to me, have a substantial
interest in a business entity that would be peculiarly affected by
PP
a vote or decision of the as
those terms are defined in Chapter 171, Texas Local Government Code.
The business entity is OP
I
(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.
PM
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 id
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
Upon filing of this affidavit with he 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 / ) - a y • of , 19
60/ / / 0 sip
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Signature •f official
Title
via
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BEFORE ME the undersigned authority, this day personally l appeare l d
W / .00.1A and on oath stated t at the
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facts hereinAbove stated are true to the best of 1 ZZ, LJ
knowledge or belief.
Sworrh to and subscribed to Wore me on this / day of
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SANDRA L. LeGRAND 1 ,
• Notary publi
• 1/4;:?" 7 , STATE OF TEXAS
My (ornm • t (1,
xn ,AAAla o -A in. 4Pl 'an / d i or
the State of Texas
My Commission Expires: .4 )1,e a/wei)
AM112) Type Print Notary's Name
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