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1990-11-20 CITY OF SOUTHLAKE 667 N. Carroll Avenue REGULAR CITY COUNCIL MEETING November 20, 1990 7:30 p.m. COUNCILMEMBERS PRESENT: Mayor, Gary Fickes; Mayor Pro Tem, Betty Springer. Members: Sally Hall, Rick Wilhelm, Jerry Farrier. COUNCILMEMBER ABSENT: W. Ralph Evans. CITY STAFF PRESENT: Curtis E. Hawk, City Manager; Michael Barnes, Director of Public Works; Billy Campbell, Police Chief; Don Wilson, Fire Chief; Karen Gandy, Zoning Administrator; Eddie Cheatham, City Engineer; E. Allen Taylor, City Attorney; and, Sandra L. LeGrand, City Secretary. INVOCATION: Councilmember Jerry Farrier. The Regular City Council meeting was called to order at 7:30 p.m., by Mayor Gary Fickes. A~enda Item #2, Approval of Minutes The Minutes of the City Council Meeting held were approved as modified. Motion: Wilhelm Second: Springer Ayes: Wilhelm, Springer, Hall, Farrier Nays: None Approved: 4-0 vote on November 6, 1990, The Minutes of the Special City Council 13, 1990, were approved as presented. Motion: Wilhelm Second: Springer Ayes: Wilhelm, Springer, Hall, Farrier Nays: None Approved: 4-0 vote Meeting held on November Agenda Item #3, Mayors' Report Mayor Fickes announced that the Tarrant County Mayor's Council will be holding the annual Christmas Banquet soon. He asked that Councilmembers consider attending. The Mayor announced that Mr. Jim Devine has resigned from the Planning and Zoning Commission, and asked the City Secretary to advertise for applications to the board. City Council Minutes November 20, 1990 page two Agenda Item ~3, Continued The City Manager, Curtis Hawk, reported in regards to the FM 1709 Project, that he and Mayor Pro Tem Springer have attended several meetings concerning the project. The Council offered several months ago to assist the County in the legal work necessary to proceed with the condemnations necessary to proceed with acquisition of the right of way. He thinks after the meeting yesterday, that the Commissioners Court will consider, possibly at their next meeting, additional staff in the District Attorney's Office to get through the title work. The County is concerned with working with Southlake and Keller, (that the County doesn't do something to get the priorities out of order). They feel if they can get some additional help, they can get this project going, and still keep the project on schedule. Mayor Fickes reported that he had a conversation on Friday with Mr. Ryke, Assistant District Attorney, who stated that we really aren't in bad shape at this time. He feels that by March, it will be all completed. Councilmember Wilhelm stated that the Southlake Economic Development Council is following up on the Chamber letter, writing letters to elected officials in an effort to get FM 1709 completed. Mayor Pro Tem Springer announced that she has had several complaints on the Cable Television service, and would like for the company to meet with Council and report what they will be doing to improve the service to the citizens of Southlake. Agenda Item #4, City Manager's Report The City Manager reported that the traffic signals on State Highway 114 at White Chapel Blvd. and at Dove Road, are up (not operational at this time). Councilmember Sally Hall had questions in regards to "Austin Oaks" addition, and what they are doing at this time with the ingress and egress onto SH 114. Also, she thanked the concrete companies and fuel terminals for complying with the various requests made by the City. Councilmember Hall also asked that Council consider the "Ostrich Farm" on South Kimball Avenue. The City Manager reported that the Agricultural Department has reported to the City and stated that it is an agricultural use. They will be sending the City a seventy-seven (77) page report to that effect. City Council Minutes November 20, 1990 page three Agenda Item #5, #6, #7, #8, #9- Consent A~enda The consent agenda consisted of the following items: Resolution 90-78, authorizing the City Manager to execute the renewal Contract with the Fort Worth Star Telegram as the legal publication for the City of Southlake. 6. Resolution 90-79, calling a Special Election for January 19, 1991. Resolution 90-80, Approving the appointment of two Police Reserve Officers. Approval of a Letter Agreement with Carroll Independent School District for Sanitary Sewer. Resolution 90-81, authorizing the Mayor to execute a contract with Cheatham and Associate for engineering on sewer line for Carroll Independent School District. Motion was made to approve the consent agenda, with that agenda item #8 and #9 are approved contingent Board approving agenda item #8. Motion: Springer Second: Hall Ayes: Springer, Hall, Wilhelm, Farrier Nays: None Approved: 4-0 vote. the exception to the School A~enda Item #10, Public Forum Bruce Smith, Arvida, 1100 SouthRidge Blvd., Southlake. Mr. Smith thanked the Police Department for assisting in the SouthRidge Lakes addition. They have had a rash of thefts and the department has always responded promptly. He wanted the record to reflect their thanks. Agenda Item #11, Contract for Waste Recycling Buck Hubbard, 413 L.D. Lockett, Colleyville. He represents Lakeside Sanitation. He is on the Solid Waste Task Force with the State and they are studying recycling reduction "material separation at the curb". He stated the company is willing to perform whatever the city wishes in the recycling program. He presented information which will be a part of the record. Mickey Flood, 1364, LakeView Drive, Southlake. Vice President of Waste Management Company. Mr. Flood made a presentation and also presented information which will be a part of the record. City Council Minutes November 20, 1990 page four Agenda Item #11, Continued Herb Allred, Laidlaw Division Manager. Mr. Allred stated they provide recycling to two million homes at this time. He elaborated on the education program they present to the schools. The information presented by Laidlaw is also incorporated into the record. Mayor Fickes stated he would like to see a written proposal from the companies and a recommendation from the committee. He asked that this be on the next Council agenda for consideration. Mayor Pro Tem Springer stated she would like to see the Environmental Task Force put together the kind of plan that they would like for council to implement. Then Council would have some specifics to go out to these companies with. If we don't have a plan, then each company will bid differently. She wants the companies to bid apples to apples. Mayor Fickes agreed with Ms. Springer's suggestion. Emily williams, 3131 Briar Lane, Vice-Chairman of the Environmental Task Force. She gave a brief overview of what the Committee did do, so Council will know. Their first imperative was to look at a recycling effort for the city. They contacted all the companies that they felt were involved in this kind of effort. They identified the companies as Laidlaw, Browning Farris (BFI), Waste Management and City Garbage. BFI, Laidlaw Industries and City Garbage did come and talk with them. They told the companies that they were interested in a once per week recycling program for as many items as possible. They received proposals from BFI and Laidlaw. After interviewing them, they felt that Laidlaw costs and education programs put them out in front. Bob Mundlin, 1658 Royal Oaks Court. Task Force Member, He stated that the task force did an exhaustively thorough job in investigating the alternatives available to them. If the City Council and Citizens have decided they want a recycling program, all we need to do is decide who will be the vendor. The two single requirements, as he stated earlier, are convenience and education. Based upon the Task Force recommendation and what has been heard tonight, he recommends that they stay with the recommendation of Laidlaw. They feel Laidlaw is dedicated to the recycling effort and a plan. Brad Bradley, 1657 Creekside. Chairman of the Task Force. He feels the Committee did what they thought they were supposed to do. He needs some direction and a timetable to take back to his committee in order to keep the effort going. City Council Minutes November 20, 1990 page five Agenda Item #11, Continued City Attorney, Allen Taylor suggested that the request for proposals come to the city through the City Secretary's Office. Solid Waste collection is not automatically subject to bidding requirements, however, he would like to see a final letter go out from city hall, so that we have an audit trail. Curtis Hawk stated from what the City Attorney is saying, we need to treat this like any other professional services contract. We will have to put this in the newspapers. Allen Taylor stated after the proposals are received, they can be returned to the committee for review and a recommendation can be presented to the City Council for consideration. It was determined that moving quickly, this item will be ready for consideration during the second City Council meeting in December. Agenda Item #13, Ordinance No. 480-32, 2nd reading. Muzyka zoning Ordinance No. 480-32, 2nd reading, (ZA 90-52), is a request for zoning change for a 4.2514 acre tract of land out of the J.G. Allen Survey, Abstract NO. 18, Tracts 4A2, 4A4, 4A5, 4A6, and 4All. The current zoning on the property is Agricultural, with a request for Commerical-2 Zoning District. Karen Gandy, Zoning Administrator, presented the request to the City Council stating that on October 18, 1990, the Planning and Zoning Commission recommended approval, and on November 6, 1990, the Council approved the let reading on the ordinance. The proposed use of the property is for a Day Care Center. The issue of a common easement was discussed during the Work Session. The public hearing resulted with no comments from the audience. A discussion was held in regard to the common access easement. The applicant agreed to have the plat amended to provide the common access easement. Motion was made to approve include the access easement. Motion: Farrier Second: Hall Ordinance No. 480-32, 2nd reading, to Mayor Fickes read the caption of the ordinance. City Council Minutes November 20, 1990 page six Agenda Item 913, Continued Councilmember Wilhelm asked that the record reflect that he does not consider this to be guidance or precedent later on to zone any other tracts on the south side of Southlake Blvd. that are adjacent to this tract, to commercial zoning. It is his firm intent that the reason that it is perhaps appropriate on this tract is that there was an existing use that classified as con~nercial use. He feels it is important that there is not an erosion of commercial on this section of Southlake Blvd. Ayes: Farrier, Hall, Wilhelm, Nays: None Approved 4-0 vote Springer Agenda Item #14, Ordinance No. 480-33, 1st reading. (ZA 90-56) Karen Gandy, Zoning Administrator, introduced the zoning request and development site plan for 160.073 acres out of the R.J. Paden Survey, Abstract NO. 1255, and the J.T. Bailey Survey, Abstract No. 97, being located in the 900 to 1300 block of West Southlake Blvd. Current zoning is Agricultural, request is for the Mixed Use Planned Unit Development (PUD). Owners: Estates of A.C. and Audrey Stone, Mary Stone Myers, Independent Executrix. The proposed developer is Phillip Jobe. The applicant is the Nelson Corporation. Mrs. Gandy stated that the plan shows 1.8 units per gross acre or 284 units. Originally five commercial lots were presented fronting FM 1709, however, this has been changed to two commercial lots on the northeast corner of the development. Twenty-three (23) letters were sent to property owners within 200' and three letters were received, opposing the commercial lots. Mayor Fickes referenced letters from the following property owners, opposing the commercial lots: Thomas O'Mally, Ted Smith, Mike Riedy, Charles Dody, Kenneth MacMorran, and Bruce Smith. The letters are hereby made a part of the record. Craig Curry, Nelson Corporation was present representing the applicants. Councilmember Wilhelm asked that the record show whether this does or does not meet the 20% requirement. City Council Minutes November 20, 1990 page seven Agenda Item ~14, Continued Craig Curry, Nelson Corporation, presented a copy of the preliminary plat. He added that the development style is that of Timber Lakes Addition. The addition allows for seventeen (17) acres of open space, or public park area. Some of the amenities include: entry way with water features; circulating water features; trail and jogging system for public use; play areas for public use; gazebo, fencing and landscaping. The road is designed to align with SouthRidge Blvd., however, it is not proposed for a four-way intersection. They agree to the points in the Cheatham review letter. Public Hearing Ken MacMorran, 1202 Sabine Court, Southlake. He stated he has lived by two other schools and there was no commercial zoning by the schools. His plea to Council is now that the high school is happening, it will change traffic development. He does not feel there should be commercial where the kids could hang out. FM 1709 has this potential. He asked what the 20% rule is, if needed, they can acquire as many signatures as needed. City Attorney, Allen Taylor explained the 20% rule. It was determined that the 20% rule did not apply. Patty McCarthy, 312 SouthRidge, Southlake. She referenced a meeting held at City Hall on October 30, with the Mayor, City Manager, and Director of Public Works present. She is now concerned about strip zoning. She requests that the City plan carefully. Let's not destroy the country atmosphere of Southlake. Bruce Smith, Arvida. In 1989 as they introduced Arvida, if it was said once, it was said one thousand times, "we don't want FM 1709 to be built out like Highway 26 in Colleyville". He added, that Timber Lakes has done an excellent job, we know Mobil Land Cooperation will do an excellent job. Southlake needs quality retail development, the city has to stop stripping out FM 1709. They only object to the commercial across from the Arvida property. Public hearing closed. Mayor Fickes stated that the City is not against commercial zoning, but put it at major intersections on FM 1709. On SH 114, the plan is like the I.B.M. facilities. The Council is not looking at small areas of retail. He stated he does not see where any of the commercial on this plan serves the property owners in the development. His concern with the plan is in regards to the commercial. City Council Minutes November 20, 1990 page eight Agenda Item 14, Continued Phil Jobe, proposed owner/developer. Stated he feels there is a need for commercial shopping in Southlake. It makes more since to him to have the commercial across from the major street in Arvida. Economic factors come to play. Motion was made to table this issue at the request of Phil Jobe, time certain December 4, 1990, and to continue the public hearing. Motion: Springer Second: Hall Ayes: Springer, Hall, Wilhelm, Farrier Nays: None Approved: 4-0 vote (to table) Agenda Item #15, ZA 90-57, Preliminary plat of Stone Lakes Motion was made request of the developer, Phil Jobe, time certain, December 4, Motion: Springer Second: Hall Ayes: Springer, Hall, Wilhelm, Farrier Nays: None Approved: 4-0 vote (to table) to table the preliminary plat of Stone Lakes at the 1990. Council adjourned to recess at 10:25 p.m. Council returned to open session at 10:45 p.m. Agenda Item #20, ZA 90-55, Plat Showing for Carol Tetrualt Karen Gandy, Zoning Administrator, introduced the Plat Showing for Lots 1 & 2 Samuel Freeman No. 525 Addition, being legally described as two (2) acres out of the Samuel Freeman Survey, Abstract NO. 525, Tract 2H. Property location is 2505 Rolling Lane, Southlake. Owner: Carole M. Tetrualt. She noted that twelve letters were sent to property owners within 200' with no replies, however, Mr. Whisby, the property owner that fronts Shady Lane, asked that the drainage easement be maintained. On November 9, the Planning and Zoning Commission recommended approval subject to the November 1, 1990 Cheatham review letter. Councilmember Wilhelm commented that the applicant owns to the center of Rolling Lane and the City should acquire right-of-way dedication on Rolling Lane. He talked with Ms. Tetrault in reference to part of her property being in the noise corridor, and that the avigation release should be on the plat. Ms. Tetrault was present and had no comments. City Council Minutes November 20, 1990 page nine Agenda Item %20, Continued Motion was made to approve ZA 90-55, subject to items #1, 93, and #4, in the Cheatham review letter of November 1, 1990, and subject to showing the right-of-way dedication on the center line of Rolling Lane as well as the avigation release being shown on the final plat. Motion: Wilhelm Second: Springer Ayes: Wilhelm, Springer, Hall, Farrier Nays: None Approved: 4-0 vote Agenda Item %16, Ordinance No. 480-34, 1st reading C.I.S.D. Zoning Ordinance No. 480-34, 1st reading (ZA 90-58), a zoning change request for 54.615 acres of land out of the R.J. Paden Survey, Abstract No. 1355, Tracts 3, 3E, 3F, and 3Fl. The property is located in the 1300 to 1500 block of West Southlake Blvd. Current zoning is Agricultural, with a request for Commercial Service Zoning District. Owner: Carroll Independent School District. Mrs. Gandy, Zoning Administrator, noted for the record that fifteen letters were sent to property owners within 200' and to date no written replies have been received. On November 8, the Planning and Zoning Commission recommended approval of the zoning by a 5-1 vote. Gandy added that they now have an application to the Board of Adjustments for buffer yards and parking requirements. At this time, she sees no reason why the city could not work with the school on the parking requirement, it is a matter of the ordinance requirements. Public Hearing Don Thompson, South Peytonville Avenue. He is concerned with the folks who live on the west side of Peytonville Avenue, who will have a problem with the lights at night games as well as traffic. Can they move the stadium east of the trees as shown on the plan. Is the city forgetting the property owners who live in that area at this time? What is the proposed date of building the stadium? What is the proposed date of widening Peytonville? A discussion was held by Council in regards to traffic ingress-egress from the school site. City Council Minutes November 20, 1990 page ten A~enda Item #16, Continued Motion was made zoning for Carroll Motion: Wilhelm Second: Hall to approve Ordinance No. 480-34, Independent School District. 1st reading, Mayor Fickes read the caption of the ordinance. Ayes: Wilhelm, Hall, Nays: None Approved: 4-0 vote Springer, Farrier Mayor Pro Tem Springer expressed concerned with the traffic patterns and with the 6,000 seat stadium in the middle of the residential area. A~enda Item #17, ZA 90-59, Preliminary plat for C.I.S.D. The preliminary plat of the Carroll High School Addition, 54.615 acres out of he R.J. Pedan Survey, Abstract NO. 1255. The property is located at the southeast corner of the intersection of West Southlake Blvd. and South Peytonville Avenue. Zoning Administrator, Karen Gandy, stated that fifteen letters were sent to property owners, and no responses have been received. The City Engineer's letter dated November 2, 1990 was discussed, adding to ~3, an 84' right-of-way along the full length of the school's property on South Peytonville Avenue. Councilmember Wilhelm noted that he understands that the School is going to donate 42' from the center line on their side of Peytonville Avenue, but if the road is upgraded, where will the other 42' come from? City Manager, Curtis Hawk answered that the possibility for the west side of the roadway is that if the property develops at some time, it will come from there, if the property does not look like it is going to develop, if the city feels they will have to move ahead for right of way, the city will be in a position to have to purchase some right of way. The city has discussed with the school, by them giving us some additional right of way on their property, beyond what they originally proposed, we may have a third lane, but the turn lane will be added, until such time that the city is in a position to acquire some additional right of way. City Council Minutes November 20, 1990 page eleven Agenda Item #17, Continued One of the things, high on the list, is looking at a thoroughfare plan and the right of ways on some existing roads. These are things that changed when the school came and said, " this is our site", the school recognized that this has changed city plans. Councilmember Hall questioned the drainage to the southeast corner of the school property. Hawk answered, this is the natural flow of the drainage in that area. Andrea Greenwood, 210 South Peytonville Avenue, asked, what is the space measurement and when will it be considered condemned, in regards to widening of South Peytonville Avenue. There will be about three homeowners that will be about 20 feet to the porches in that area. Councilmember Farrier stated that we are looking at 10' difference due to the high school impact at this point. Motion was made to approve ZA 90-59, preliminary plat for Carroll High School. Motion: Wilhelm Second: Farrier Ayes: Wilhelm, Farrier, Hall, Springer Nays: None Approved: 4-0 vote Agenda Item 818, ZA 90-60, Final Plat of Carroll I.S.D. Karen Gandy introduced the final plat for Carroll Independent School District stating that on November 8, the Planning and Zoning Commission recommended approval of the final plat subject to the Cheatham review letter of November 2, 1990. Motion was made to approve the that all requirements in prior school have been met. Motion: Wilhelm Second: Hall Ayes: Wilhelm, Hall, Nays: None Approved: 4-0 vote final plat subject to confirmation conversations between the city and Springer, Farrier The City Manager asked for some direction of Council so that the Board of Adjustments will have some understanding of what was discussed by the City Council. It is Staff understanding that Council has some concerns and Council needs to take some documentation to Board of Adjustments so that they will understand what some other schools are doing in meeting parking requirements and also discussion was held in regard to buffer yards. City Council Minutes November 20, 1990 page twelve Agenda Item #18, Continued Allen Taylor stated that what Board of Adjustmenst needs is a statement from Council, stating that they believe, based upon review of the plans presented, that the granting of the variances as requested, would not in their minds defeat the intent of the zoning ordinance or the cities comprehensive plan. Mayor Pro Tem Springer is concerned about the financial impact this is going to have on the city, because of the changes on Peytonville that the city has not planned for. She is concerned about the traffic situation, the safety situation, and a number of things that bother her about this site. She is thrilled that we are getting a new high school, but this is putting the city in an adverse position as we will have to deal with the properties across the way. She hopes that the city will get cooperation from the school district when it comes time to deal with the roadway. Councilmember Sally Hall stated that she does not think that there is a road in Southlake that will have not been impacted any differently than what we are experiencing here. All the developments that have come before us have impacted the streets in Southlake. Dr. Annette Griffin, school superintendent, stated that she appreciates all that is being done and they are going to cooperate. They too are concerned about safety and development. They want very much to be cooperative partners by working together. Mayor Fickes stated that Arvida put in the sewer line that enables them to put the high school in that location. The City recognizes that and we want the school to recognize that. We want to recognize each other's strong points and continue to work together. Agenda Item #19, ZA 90-54, Plat Revision, Whispering Dell Estates The plat revision on Lots 6 & 7 Whispering Dell Estates, 1213 Whispering Dell is owned by Glen and Aloha Payne. the property is Single Family-lA. located at Zoning on Karen Gandy made the presentation, stating the Planning and Zoning Commission recommended approval of ZA 90-54. John Levitt, Levitt Engineers, 726 Commerce, Suite 104, Southlake, represented the owners. He asked that the avigation statement be left off the final plat and that the 25' set back line remain on the plat. Levitt noted that if they were to sell the property, it would market best as one lot instead of two lots, and this is the reason for the replat. City Council Minutes November 20, 1990 page thirteen Agenda Item #19, Continued The City Attorney noted that the avigation release should be applicable to every plat after the date that we entered into the settlement agreement with the airport. Mr. Levitt noted that the applicant wishes to withdraw the plat, and feels it would be an unfair requirement for the avigation release to be on the replat. Motion was made to accept the applicant in ZA 90-54. Motion: Wilhelm Second: Hall Ayes: Wilhelm, Hall, Springer, Farrier Nays: None Approved: 4-0 vote (to accept withdrawal) request for withdrawal by the Agenda Item #12, Ordinance NO. 526, 2nd reading. Amending Ord.409 Ordinance No. 526, 2nd reading, amending Ordinance No. 409, in regards to Health Services was discussed. The public hearing resulted with no comments from the audience. Motion was made to approve regards to Health Services. Motion: wilhelm Second: Farrier Ordinance No. 526, 2nd reading in Mayor Fickes read the caption of Ordinance No. 526. Ayes: Wilhelm, Farrier, Hall Nays: None Approved: 3-0 vote (Mayor Pro Tem Springer was out of the room and did not vote on this item). A~enda Item #21, Ordinance No. 515, 2nd reading. Park and Recreation City Manager, Curtis Hawk, reviewed the changes made to Ordinance No. 515. The public hearing resulted with no comments. Motion was made to approve Ordinance No. Motion: wilhelm Second: Hall 515, park and Recreation. City Council Minutes November 20, 1990 page fourteen Agenda Item # 21, Continued Mayor Fickes read the caption of Ordinance No. 515. Ayes: Wilhelm, Hall, Nays: None Approved: 3-0 vote Farrier (Mayor Pro Tem Springer was out of the room and did not vote on this item) Agenda Item #22, Ordinance No. 480-B, 1st reading. Zoning Ord. A discussion was held in regards to the suggested amendments to the Zoning ordinance No. 480. The public hearing resulted with no comments. Motion was made to approve the modification to the zoning ordinance as suggested in Section 32, Section 34.14 and Section 45.6B (300' limit), by approving Ordinance No. 480-B, 1st reading. Motion: Wilhelm Second: Farrier Mayor Fickes read the caption of the ordinance. Ayes: Wilhelm, Farrier, Nays: Hall Approved: 3-1 vote Springer Councilmember Hall expressed that her negative vote was in regard to Section 45.6b. She feels the distance should remain at 1,000 feet from school or church. Agenda Item #23, Ordinance No. 483-A, amending the Subdivision Control Ordinance, 1st reading Motion was made to table Ordinance No. public hearing, time certain, December 18, Motion: Wilhelm Second: Farrier Ayes: Wilhelm, Farrier, Springer, Hall Nays: None Approved: 4-0 vote (to table) 483-A, and continue the 1990. Agenda Item #24, Discussion: Firearms Ordinance Chief Billy Campbell led the discussion of a new ordinance in regards to the discharge of firearms in the City limits of City of Southlake. The Chief is to prepare an ordinance and bring to council for consideration. City Council Minutes November 20, 1990 page fifteen Agenda Item 925, Discussion: and Charter Revisions. Recommendations for Bond Proposals The City Manager reviewed the suggested amendments to the City Charter which are hereby incorporated into the minutes. Mayor Fickes indicated that he and Jerry Farrier met today to discuss bond proposals including road improvements and a city hall complex. The Mayor reported that the roads discussed are Carroll Avenue, from Dove Road to FM 1709; Peytonville Avenue expansion to cover the new high school; and, White Chapel Blvd. from SH 114, south. Fickes asked City Staff to get the costs together. Agenda Item #26, Executive Session Mayor Fickes announced that Council would be going into executive session pursuant to the Open Meetings Act, Article 6252-17 V.T.A.S. Section 2(e) 2(f) 2(g). Council convened in closed session at 1:10 a.m. Council returned to open session at 1:50 a.m. Agenda Item #27, Action Necessary/Litigation No action was necessary in regards to pending litigation as the result of the executive session. or contemplated Agenda Item #28, Action Necessary/Personnel No action was necessary in regards to personnel matters, including Boards and Commissions, as the result of the executive session. Agenda Item #29, Adjournment Motion was made to adjourn the meeting at 2:10 Motion: Springer Second: Farrier Ayes: Springer, Farrier, Hall, Nays: None Approved: 4-0 vote Wilhelm RECOMMENDATIONS OF CITY COUNCIL COMMITTEE TO CONSIDER AMENDMENTS TO CITY CHARTER CHAPTER II CITY COUNCIL AND MAYOR Section 2.01, 2.02, 2.03, 2.06, 2.12 2.01 Governing Body Amend to provide for Mayor and six (6) Councilmembers. 2.02 Elective Offices Amend term of office to three (3) years; amend the election cycle. 2.03 Limitation on Successive Terms Amend term of office definition to a period of three (3) years. « 2.06 Presiding Officer - Duties of Mayor Amend to provide Mayor is regular voting member. 2.12 Quorum Amend to provide that four (4) Councilmembers shall constitute a quorum. CHAPTER III RESPONSIBILITIES OF CITY COUNCIL 3.06 Appointive Offices Amend to delete Judge of Municipal Court as an appointive officer. 3.13 Procedures for Enacting Ordinances Amend the sentence "All ordinances, exclusive of emergency ordinances, defined in Section 3.11 of the Charter of the City, shall be read in open meetings of the City Council on two (2) consecutive Council meetings, which shall be a regular meeting ...." by deleting the word consecutive, (perhaps substituting the word "separate "). CHAPTER IV CITY ADMINISTRATION 4.15 Acting City Manager Amend by adding sentence in first paragraph, which provides that upon resignation or termination of City Manager, the Acting City Manager designated by the City Manager, and appointed by the City Council shall continue as Acting City Manager until such time as a new City Manager, or a new Acting City manager, is appointed by City Council. Charter Revisions page two CHAPTER V COURTS 5.02 Judge of Court Amend to provide that should the voters approve a provision which requires the Judge of the Court to be A elected, the Judge shall be elected. CHAPTER VII ELECTIONS r 7.01 City Elections Amend to read the regular City election shall be held annually on the first Saturday in May. 7.11 Holding Other Office Amend second paragraph to read: If a any member of the Council shall become a candidate for election to any public office, except for reelection to his current place on the Council or as Mayor, he shall immediately upon becoming a a candidate forfeit his place on the Council CHAPTER VIII TAXES 114 t4,00e 8.03 Taxes When Due and Payable Amend to provide that the City Council shall designate a Tax Collector, rather than as currently 4 specified, the Office of Tarrant County Tax Collector or City Tax A Collector, if such a function is created by Council. CHAPTER IX FINANCE 9.05 Public Notice and Hearing Amend last sentence to read: The City Council shall adopt the budget by ordinance. 9.34 Borrowing in Anticipation of Property Tax Amend last sentence to read: Notice may be issued for period not exceeding one (1) year. a CHAPTER XI PLANNING AND ZONING 11.03 The Planning and Zoning Commission Amend to have same attendance requirements as City Council. r ft 4