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1988-08-02 CITY OF SOUTHLAKE 667 N. Carroll Avenue Regular City Council Meeting August 2, 1988 7:30 p.m. MINUTES Present: Mayor, Johnny H. Westerholm; Councilmembers: Springer, Jim Wooll, Ralph Evans, Sally Hall and Pam Muller. Betty City Staff Present: Acting City Manager, William D. LeGrand; Fire Chief, R.P. Steele; Police Chief, Jerry Crowder; City Accountant, Renee McCarty; City Engineer, Eddie Cheatham; City Attorney, Adrianne Leonard and Legal Assistant, Toni Chamberlain. Invocation - Jim Wooll The minutes were approved for the July meeting as presented. Motion: Springer Second: Evans Ayes: Springer, Evans, Hall and Muller Nays: None Abstained: Wooll Approved: 4-0-1 19, 1988, City Council Agenda Item #3, Mayor's Report Mayor Westerholm informed the City Council that we have received a request for our share of funding for the Metroport Cities Partnership Economic Development Regional Grouping. Of the nine cities involved, Southlake's share is $800.00. Councilmember Springer offered to check this out. The Mayor reported that at the August 1, dinner meeting with the City of Trophy Club, a discussion was held relating to the possible merger of Trophy Club and the City of Southlake. The majority of those present, felt the idea was worth exploring. A proclamation was read by Mayor Westerholm in honor of two members of the Children's Clown Club, from Southlake. David "Sparky" Watkins and Dennis "Spanky" Watkins, who reside at 1376 Holland Hills, Southlake, were present and received the proclamation from Mayor Westerholm. An announcement was made concerning the public hearing on the proposed North Tarrant County Freeway. The hearing will be held on August 4, at 7:00 p.m. in the Keller High School auditorium in Keller. City Council Minutes August 2, 1988 Page 2 Agenda Item #4, H~man Society Contract The Humane Society Contract was presented by Katherine DuMontier, of the Tarrant-Denton County Humane Society. She stated the contract reflects fixed costs no matter how many animals the shelter cares for. To date they have a signed contract from the City of Roanoke. Ms. DuMontier stated they are trying to get the doors open, and she asked what the city can afford to pay now. They are working at up-front money in order to get the shelter open. Public Comments: George Grifford - 1205 Cross Timber Drive. There are a lot of stray dogs being dropped off in Southlake. An animal control is very beneficial. Peter Sparrer 1214 Woodsey Ct. He spoke in favor of Katherine DuMontier. He added, she is willing to help citizens whether she gets paid or not. Shonna Fisher - 589 Shady Oaks Dr. The animal control shelter is needed, as in her neighborhood, people are shooting animals. It is dangerous. She is in favor of the shelter. Dave Patton - 1612 Mockingbird Lane. The inconsistency of the law in Southlake is not fair. He was cited for animals at large. Mayor Westerholm stated we do have a leash law in Southlake. Acting City Manager is to work with Ms. DuMontier. The Motion was made to table the contract until the August Council Meeting. Motion: Springer Second: Wooll Ayes: Springer, Wooll, Evans, Hall and Muller Nays: None Approved (to table): 5-0 16th, City Agenda Items #17 & S18 are removed from tonight's agenda Agenda Item #6, Ord. 9334-41, Zonin9 Brock Addition The second reading was held in regards to Ordinance $334-41, (ZA88-24), a zoning request for the Brock Addition. Zoning a 17.0 acre tract of land out of the J.G. Allen Survey, Abstract 18. The current zoning is Agricultural request is for Single Family 1 zoning district. The applicant is the City of Southlake. City Council Minutes August 2, 1988 Page 3 Public Hearing: Charlotte Lemieux. Questioned why Southlake this zoning request. Robert Downard. Why did the City waive the He feels Strand's interest should be looked at not have paid the fees either. After discussion, motion was made to approve the Ordinance ~334-41. Motion: Wooll Second: Muller Ayes: Wooll, Muller, Evans, Hall and Springer Nays: None Approved: 5-0 is the applicant on fees for the people. also. Strand should second reading for Agenda Item ~7, Ordinance #334-33~ Tiffany Acres The zoning request for an 11.76 acre tract of land out of the Jesse G. Allen Survey, Abstract 18 more commonly known as Tiffany Acres. Current zoning is Agricultural request is for Industrial-2 zoning district. The second reading of Ordinance ~334-33 was discussed. Public Hearing: Kathy and Tim Farmer. Spoke opposing the tabling of the zoning request, stating this request has been put off before. They are not in favor of Industrial-2 zoning with any conditions. They feel it should be Industrial-1 zoning. June Haney Brock Addition. She stated she had a meeting with Mr. Hess and it was a very positive meeting. He promised to do positive things with the property. They are asking the City Council to deny Industrial-2 zoning and have them reapply for Industrial-1 zoning. Mrs. Haney outlined all the contacts she has made to try and persuade the City Council not to zone Industrial-2. The property owners in the area want buffer yards and the ordinances enforced. Mayor Westerholm stated he is willing to recommend a temporary injunction for the owners of the Tiffany Acres area when they are in violation. Acting City Manager, William D. LeGrand, stated if the item is acted upon, he will recommend denial of the zoning request; City Council Minutes August 2, 1988 Page 4 however, this will put them on a nonconforming mode and will not help the property owners effected. Motion was made to deny the request of Industrial-2 zoning on Ordinance #334-33 in second reading. Motion: Wooll Second: Muller Ayes: wooll, Muller, Hall, Evans and Springer Nays: None Approved: 5-0 Agenda Item %13, Res. %88-67, HWY 114 Alternate %3 Improvement Resolution %88-67 recommending to the State Highway Department that alternate %3 be accepted as a preferred alignment for State Highway 114. Mayor Westerholm reminded the citizens that a public hearing will be held on the alignment on August 18, at 10:00 a.m. at the Christ Our King Church in Southlake. It was outlined by Henry Pearson of Lockwood, Andrews and Newman that alternatives 1 and 2 alignments take an equal amount of right-of-way on each side of the highway. Alternative #3 shifts from one side to the other along HWY 114. This plan minimizes the effect of developed land along the roadway. Pearson assured the public that all three (3) alternatives will be explained and shown at the August 18, public hearing. By going with alternative %3, the City can save approximately four (4) million dollars. The proposed amount for right-of-way costs is 29 million dollars. The 20 year projection for SHll4 shows five (5) times more cars per day than the 29,000 cars per day currently. Public Comment: Harold Knight 1749 E. Highland. He presented a letter to City Council opposed to all the land coming off North side by the Parkway Office Center. The current plan takes 200' off the north side. When they construe%ed the building, they tried to plan and set back an additional 125' Alternative %3 will wipe out there entire building. They are asking for a balanced right-of-way. Les Clow - 820 N. Shady Oaks Dr. He has the same comments as Harold Knight. He feels the resolution is premature for City Council to adopt it before the public hearing. The City Council is elected by the people and should represent the north side of HWY 114 as well. Jerrol Shivers - 1800 N. White Chapel Rd. He has frontage on HWYll4. He is asking the City Council to not act on this until more information is given at the hearing. City Council Minutes August 2, 1988 Page 5 Rick Patterson 12377 Marretta Dr., Dallas. Group. They support alternate #3. He is with the Perot Henry Pearson stated they determined alternative 93 because they looked at the most economic route. They are open for suggestions. With this plan, the average right-of-way is about 440' and the present width is 220'; an additional 200' will be needed. The final decision will be made by the Highway commission, based on all the information that is given to them. Motion was made to approve Alternative 93, because it is the lowest cost. Also, because need to get this done. Motion: wooll Second: Hall Ayes: Wooll, Hall and Springer Nays: Evans Abstained: Muller Approved: 3-1-1 Resolution 988-67, there is a strong A five minute recess was held at this time. Agenda Item 95, Proposed FY89 Budget, 1st. Public Hearing Acting City Manager, William D. LeGrand, presented a summary of the FY89 Budget. He stated that about 30 days ago prior City Manager, Lloyd O. Latta, Jr., presented a balanced budget, projecting a 40¢ tax rate. He stated that after several work sessions, the staff went back and cut budget to show a 37.99¢ tax rate. It represents a bare bones budget, however, even though the 40¢ tax rate required cutting. The two men were put back in streets to bring back the cuts made from mid year and that the $150,000 be left in streets for materials. The budget represents a 15% increase over last year. It should represent a three months reserve which amounts to approximately $500,000. 1¢ represents approximately $43,000. This budget will affect a sewer policy with sewer tie on fees which will be in effect later in FY89. Public Hearing. Bill Low - 3111 Woodland Trail. Has the City Council established a ~-~ set of priorities. City Council has to do what it has to do. City Council Minutes August 2, 1988 Page 6 Councilmember Hall explained the process to date which has taken place. If everyone got what they wanted, it would be a 56¢ tax rate. They had to cut back to 37.99¢. The City Council is looking at dealing with debt and a bare bones budget this year and we need to get back in the place we should be. The first priority is to eliminate the short fall. Charlotte Lemieux - 1214 Oakwood Trail. She read that Mr. Boyle is willing to work with his bill. She also feels salary of the City Manager is to high at $47,000. Is it necessary to have a City Manager. Marsha Pollen - Cross Timber Hills. She is concerned over the sewer system policy. The City should look at all salaries as whole. We should be equal with the area. Kathy Turner - 1027 E. Continental. She appreciates what the City Council is going through. If we are having problems, please continue to watch the money. Let's not hurry with sewer, street and dog problem, let's take care of the people. Let's not hurry with growth. If we don't have the money don't spend it. Joe Wright 1640 South Brumlow. Are there any monies in the budget for sewer line expansion? He agreed with the City Council looking into a City Manager salary at experience and our size city, also, that we are a growing city. If we have deficit, we should lower expenses or raise taxes to balance. Charles Fetchel - Fetchel Ranch. He is asking the City Council to look 3 or 4 years out. he is asking City Council to encourage development for a bigger tax base. He is asking the citizens to respect the decision of the City Council it is a hard job at best. We have to turn City from negative to positive city. Don Weeks - 1325 N. Peytonville Ave. He questioned ratio of employees to citizens -% of increase over the last couple of years. We need a balance of growth between citizens and employees. People of fixed income cannot go out and get additional funds when they need it. Maureen Doggett - 1416 Whispering Dell Ct. Everything she moved here for is being taken away from her. Everything she had heard here tonight means nothing compared to having police and fire protection. Public hearing was closed. City Council Minutes August 2, 1988 Page 7 Agenda Item #8, Ord. 442, Reclassifying/Rezoning, Area 49 Ordinance #442 was reclassifying/rezoning area 3A, Crumbaker Addition. considered in 2nd. reading, 49. The property, being Block 1, Lot There were no comments during the public hearing. Ordinance #442 was approved in 2nd. reading. Motion: wooll Second: Hall Ayes: Wooll, Hall, Evans and Springer Nays: Muller Approved: 4-1 Agenda Item #9, Ord. #443, Amending Ord. 160A, Subdivision Ord. Ordinance #443, amending the subdivision Ordinance 9160A,was discussed in 2nd. reading. Rhonda Smith - 300 Ginger Creek Estates. She asked questions about subdivisions and wondered if she lived in one. Motion was made to approve Ordinance #443, 2nd. reading. Motion: Muller Second: Evans Ayes: Muller, Evans, Springer, Hall and Wooll Nays: None Approved: 5-0 Agenda Item #10, Ord. #334-42, Zoning By Faith Baptist Church Ordinance ~334-42 (ZA88-25) the zoning request for a 1.06 acre tract of land out of the S.H. Thompson Survey, Abstract 346 and the L.A. Clay Survey, Abstract 346 is currently zoned Agricultural; request is for the Community Service Zoning District. Bob Couch was present and represented the prospective purchasers, By Faith Baptist Church. He stated they wish to encourage the City Council to approve the zoning as they are looking forward to being a good youth center. Public Hearing: Charlotte Lemieux. Isn't that the location for the proposed North Tarrant County Freeway? City Council Minutes August 2, 1988 Page 8 Rev. Jack Garner. Excited to come into Southlake. Motion was made to approve 2nd. reading for Ordinance #334-12. Motion: Springer Second: Wooll Ayes: Springer, Wooll, Evans, Muller and Hall Nays: None Approved: 5-0 A~enda Item #11, Res.88-63, Appointment of an Alternate to CONET Resolution #88-63 was approved naming William D. LeGrand alternate member of CONET. Motion: Springer Second: Wooll Ayes: Springer, Wooll, Hall, Evans and Muller Nays: None Approved: 5-0 as A~enda Item #12~ Res. #88-66, Support Curb & Gutter on FM1709 Resolution 988-66, supporting curb and gutter construction FM1709 was approved. Motion: Wooll Second: Evans Ayes: Wooll, Evans, Muller, Springer and Hall Nays: None Approved: 5-0 for A~enda Item #14, Res.~88-68, Nonsupport of NTC Freeway Resolution #88-68 was discussed, expressing nonsupport to the location of the proposed North Tarrant County Freeway being in Southlake. Bruce Russell with Dannenbalm Engineering in Fort Worth stated the population growth will be 2 to 3 times in the next few years. That will amount to from 80 to 110 thousand vehicles per day. He explained the need for the freeway. He encouraged the City Council not to vote against the resolution but to attend the public hearing on August 4, at 7:00 p.m. Public Comments: Rhonda Smith - 300 Ginger Ct. Opposed to the Tarrant County Freeway. Bob Couch - Union Church Road. He area is going to change and we all it country. is in favor of the freeway. The have to face it. We cannot keep City Council Minutes August 2, 1988 Page 9 Joe Bently 214 Westwood. He will be greatly impacted by the freeway. He does not want Southlake to furnish a freeway for the people to come through the City. He is opposed to the freeway in Southlake. Mayor Westerholm stated he is opposed to the resolution, he is trying to look at this for 20 years down the road. At some point, Southlake as we know it today, will not exist. We are talking about people who are going to be forced to sell land to develop and there will be traffic. We are in a critical location in the area. Motion was made to approve Resolution #88-68. Motion: Evans Second: Springer Ayes: Evans, Springer, Muller, Hall and Wooll Nays: None Approved: 5-0 Agenda Item #15, Res. 988-69, Bid on Water Improvements-W. Dove Rd Resolution #88-69, accepting the low bid from Gary McCoy Construction for a 12" water main to be constructed on West Dove Road and an 8" water main to be constructed on Peytonville Ave. The project is to be funded from impact fees and revenue fund, was discussed. Motion was made to approve Resolution #88-69. Motion: Wooll Second: Hall Ayes: Wooll, Hall, Springer, Muller and Evans Nays: None Approved: 5-0 Agenda Item ~16, Public Forum Maurene Doggett 1416 Whispering Dell Ct. Why don't we have an on staff lawyer. Bob Couch. Curb and gutter, who will pay for it. Charlotte Lemieux. To cut the traffic7h ~o~limit, real low, and no one will drive on t]~/~/~/~/~~~ The me e t lng wa s ~~.~'"~%. ~ ~...' ~ "%~o% Jo~nny~ ~. Wes~eih~l~, Mayor ~andra L. LeGrand;~'~g~,g~etary