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1987-08-27A~E OF OUNCI LPERSON CITY OF'SOUTHLAKE, TEXAS MINUTES OF THE MEETING. DATE: TIME: PLACE: PAGE: Special CITY COUNCIL August 27,1987 7:30 p.m. CITY OF SOUTHLAKE, 2(l~g~txX~,4'~J~ 1~X J.D. Johnson Elementary Schc 1200 North Carroll Avenue, Southlake INDEX 1 COUNCILPERSONS PRESENT: Mayor; Johnny H. Westerholm, Mayor Pro Tem; Charles Curry. Rick Stacy, David McMahan, and Betty Springer. COUNCILPERSON ABSENT: Jim Wooll. CITY STAFF PRESENT: Lloyd G. Latta Jr. City Manager; Mayor Westerholm called the second public hearing to order regarding the annexation of territory into the City of Southlake. The properties have previously been identified in public notices. This evening, we will work along the same ground rules as previously done, by calling on persons whohave signed up to'speak first and then by giving everyone a chance to speak. He asked thzt commenl be limited to 3 to 5 minutes because there are lots of. people who do want to speak. First will be the public hearing and then we will consider a Resolution authorizing the drafting of an ordinance, calling for the specific tracts that the Council will decide upon ~o be annexed during this time period. All the areas that are on the maps in green have been advertised as potentially for annexation. The City of Southlake has had an interest in areas in our extraterritor- ial jurisdiction and have worked under the assumption that these lands will eventually be in Southlake. Our plans are that all ETJ areas will be in the City of Southlake. The Mayor will be working off ~ an initial list for the second public hearifig and then onto lists of persons who have signed up tonight. tAME OF 2OUNCI LPERS05 CITY OF' SOUTHLAKE, TEXAS MINUTES OF THE Special MEETING. DATE: TIME: PLACE: PAGE: CITY COUNCIL August 27,1987 7:30 D.m. - . CITY OF SOUTHLAKE, ~z(N~?~I]i~I~S ~AKAX~ J.D. Johnson Elementary School. 1200 N. Carroll Avenue, Sour lake, Texas 2 INDEX PUBLIC HEARING Bill Spivey Rt 1 Box 162. Tract 19. tie referred to the death of Thomas Newsom, who died as he was caught up in the excitement and fear of the potential loss of freedom that he held so dearly. A potential of facing hars~ city taxes is an experience many of will experience. He audited our FY88 proposed Budget and found very dis- turbing things. He stated he found Mr. Latt~s answers contrary to his remarks based in the August 3, Budget letter in reference to tax rates. City Manager, Lloyd O. Latta Jr. read information from TAD valuation notices for 1986, 1987, and 1988. Spiveystate.d Southlake is goiflg down for the 3rd time, please do nos take us down with you. B.J. Nelson. 127A N. Peytonville Ave Tract 21. Bureaucracy has always been a problem with him. Southlake is t~many people taxing t~ many things. He feels people who are going to pay taxes are not getting anything out of it and don't want the city services. We need to be more constrai] ed in'our budget process. Mayor Westerholm commented Southlake took ~ossessio~ of a new ambulance last week. All cities have a mutual aid agreement with one another. Joy Clark. Rt 1 Box 153. Tract 18. She cannot understand why we want them in Southlake as it will cost us so much money. Mayor Westerholm commented that our master plan has those areas in our plan we ar~ preparing for them. It is at this time that we need to take them in. CITY OF SOUTHLAKE, .TEXAS MINUTES OF THE Special CITY COUNCIL MEETING. DATE: August 27,1987 TIME: 7:30 p.m. PLACE: CITY OF SOUTHLAKE, ~. J.D. Johnson Elementary Schoo 1200 N. Carroll Avenue, Southlake,Tex PAGE: 3 INDEX Ms. Clark continued by stating she went up and down Shady Oaks Drive and lots of folks are still not happy with road repair in that area. Mayor Pro Tem Curry stated Southlake has done so much this year on roads, as we have had the street department for only a portion of this fiscal year. ~.M. Foster. 360 S. Peytonville. Not present N.L. Franks. Rt 1 Box 128B. Not present B.J. Couch. Rt 1 Box 56. He does not feel the spirit of fighting has disappeared. He asked Council why they felt they needed 30% and then Mr. Newsom died and now they only.feel they need 10%. He feels if the other 20% wa not important enough for us to. stay wit~ it, why do we feel we have to have 10%?~ He is not through fighting but he is very weiry. We should not take land people are not ready to give up. He feels the people in Southlake did not Ivote on Home Rule Charter so that !Council can go out and annex land. Bob Callhoun Rt 1 Box 62 Tract 12. Council said we would annex land and that Council wanted "our ~put"-- if this is already determined, what purpose does two public hearings have? He doe~ not wish to be annexed. He feels that it is very clear that they would be annexed. He is also concerned about 9-1-1 and his new address. When he comes into Southlake, should he look forward to a new address again? Richard Ear, ns. 216 Westwood. Not present. Mary Thompson. 2735 N. White Chapel Rd Not pr.esent. ~AME OF ;OUNCI LPERSO~ CITY OF SOUTHLAKE, TEXAS M~NUTES OF MEETING. DATE: TIME: PLACE: PAGE: THE Special CITY COUNCIL August 27,1987 7:30 p.m. CITY OF SOUTHLAKE, ]~F. fN~I~]~l~iKS N~ J.D. Johnson Elementary School. 1200 N. Carroll Avenue, South. lake, Texas 4 INDEX Frank Caster Not present. Charles Huffman Not present James Jenkins. Rt 5 Box 157. Did not wish to speak. Robert Taylor. Rt 5 Box 201 Not present. Jo E. Charlton Rt 5 Box 164 Tract 19. There are no services we could offer them, she likens this to being robbed. David Winters 1218 Timberline Court. Tract 5. He spoke at the 1st public hearing and feels we should have anothe hearing because of the school hearing tonights. Also, dan this annexation be stopped? Mr. John Boyle answered, it is strickl the judgement of the City Council as whether to proceed with annexation. Mr. Winters was told in Tract 5, he would probably have some of the first sewer. He wants to know how that will be paid for. He questioned enforcement of service plans in annexation. It is hard ko find an attorney who will go up against a city. Mr. Bo~le stated if a city fails to live up to a service plan, the property owner can take action to desannex out of the city. A service contract is a legal and binding contract. Willard Witt #10 Our Lane. Tract 19. He still feels the same and he is oppo~ ed to annexation and feels it is really an unjust thing the city is doing. Hertha Jenkins Rt 5 Box 157. Tract 18 She fears her husband could be another Mr. Newsom as he is so upset ~ m ~ ~ CITY oF SOUTHLAKE,.TEXAS ~ ~ o~ m ~ ~ MEETING. ~ ~ MINUTES OF THE Special CITY COUNCIL ~ m z ~ ~ DATE: August 27,1987 ~ ~ ~ ~ ~ ~ 0 TIME: 7:30 p.m. ~ ~ ~ PLACE: CITY OF SOUTHLAKE, ~ ~ ~ ~LKXV~. J.D. Johnson Elementary Schoe NAME OF ~ o 1200 N. Carroll AVenue Southlake, COUNCILPERSON z z INDEX PAGE: 5 over the annexation. Do we plan to put in another fire station? She is con- cerned it is going to be to high for them or their children to live in Southlake. Nancy Henderson 700 Cimarron Trail Tract 16. She stated she brought her yound son to the last public hearing. He wanted to know why everyone was told they had to talk to the Council except the person who already lives in South- lake. She does not want to be annexed into Southlake. Janice Johnson Rt 1 Box 224. Tract 16 She has not seen all Council here for all the public hearings. How can coun- cil vote if they have not heard every- one speak. Mayor Westerholm stated Councilpersons have been out of town on business and that is the reason they have missed meetings. Councilperson McMahan men- tioned they have listened to tapes of the hearings, read the newspapers and have kept informed on the issues. Ms. Johnson asked Council ~o please take their time, just because Council has this power, doesn't mean they have to use it. It would be nice to have Council back-dOwn and show the other cities we can do it. At all three sessions, she has heard some broken people, and Council doesn't seem to be listening. If Council did back down, it would not be a disgrace. If the people have to be part of Southlake why doesn't Southlake Council be part of them? Betsy Shatley 8900 David Blvd. Tract 11 She does not care to speak, but is still opposed to annexation. A ten minute recess reconvened. CITY OF SOUTHLAKE,.TEXAS m ~ MINUTES OF THE Special CITY COUNCIL ~ MEETING. ~ m ~ ~ ~ DATE: ~ ~ ~ TIME: ~ ~ ~ PLACE: CITY OF SOUTHLAKE, ~~ ~ ~ ~ ~. J.D. Johnson Elementary Scho¢ NAME OF o o COUNCILPERSON z z 1200 N. Carroll Avenue, Southlake, T~ PAGE: 6 INDEX Robert Downard Rt 1 Box 158 Tract 19 He feels he was told he would be annexed. It offends him to be told what will happen to his land. He feels we only want a city of the wealthy. W6 want a Colleyville level of income. Definition of fraud is will~l deceit. He does not want to come into South- lake and will have to help pay taxes. He was in the Marine Corp and was told what to do then too and did not like it either. He opposes and does not want to be in Southlake. James Sullivan 545 S. Peytonville Ave Not in an area to be annexed. He is apart of the Southlake Volunteer Fire Department. He wants to know who will watch the City when our firemen go home? How come Fire and Police salar- ies are so low? If we are going to bring in folks, let's at least pay the men right. Linda Morgan 2012 Morgan. Tract 19 Against the annexation. In reading the service plan, she is upset with water service as she has low water ipressure. She is on Southlake water currently. She would like to have heard from some Southlake citizens. Michele Clark Rt 1 Box 153 Tract 18 She is opposed to annexation. Is this hearing doing any good? She is small town girl and stated, "country folks cannot\afford yo~ annexation". James Morgan Rt 1 Box 165 Tract 19. 100% of them do not want more taxes. For some folks, it is a minor reason, he opposes because of loss of freedom. Please think about the job you have as Councilmembers and the job you have to do as a human being. David Conn #13 Sutton Place Tract 16 He ho~es Council is thinking about what they are doing. We can force them into the city but we can't make them IA~E OF ',OU NC I L~ CITY OF SOUTHLAKE, TEXAS MINUTES OF THE Special MEETING. DATE: August 27,1987 TIME: PLACE: PAGE: CITY COUNCIL 7:30 .m. CITY OF ~OUTHLAKE, ~X J.D. Johnson Elementary Soho 1200 N. Carroll Avenue, Southlake, Te 7 INDEX like it. Isn't it better to have a friend than to shove it down their throats. Council is making folks dislike them. They can be friends or shove it down their throat and have problems. They will vote when they come into our city. The people know they are coming into Southlake but don't make them do it. He said they have called Southlake residents and they are also upset about the annexa- tion. Councilperson Stacy asked Mr. Conn how long they feel they need. Mr. ConI answered two years, as we don't get money for the 1st year anyway. He stated he will personally "nit-pick" the city to pieces if the city takes them in. Corm added Southlake should · care about the police and fireman, paying the men what they are worth. people will work with Southlake if Southlake will work with them. Nikki Clark. Rt i Box 153. Isn't the City the people, listen to the people. Tract 18 so please Cindy Walbridge 704 Cimarron Trail Tract 16. Asked who is responsible for the annexation. Councilperson McMahan answered, the reason for the annexation process is multi-,layered. Tax consideration, broadening the tax base. It is my belief that for the most part, we al- ready provide the services of the city to most people sitting in the audience, He feels it is unfair that the balance of the citizens in Southlake pay for services for them. He feels they shoul pay their share. He also feels the city needs to reach out and control as much territory around it as it can for its own protection and own growth period. Those are the reasons. IAME OF :OUNC I LPERSON CITY OF SOUTHLAKE, TEXAS MINUTES OF THE Special CITY COUNCIL MEETING. DATE: August 27,1987 TIME: 7:30 p.m. PLACE: CITY OF SOUTHLAKE, ~XFJN~~KS ~AKA~ J.D. Johnson Elementary Scho~ 1200 N. Carroll Avenue, Southlake, Te: PAGE: 8 INDEX Ms. Walbridge questioned impact fees and franchise fees, who will pay the fees? Master plan, what is it? No one has seen it. Mayor Westerholm answered her question. It is broad based activities that we az projecting. It is a plan of what is best for the. City. It is a fluid plan. We have one for road system, for the water system and etc. Ms. Walbridge questioned the minutes of the Charter Commission. Councilperson Springer explained the method in which the charter commission went.about preparing the charter and the voting on it when it was completed. Westerholm explained the citizens voted that they wanted to form a charter and after it was put together, the citizens voted to accept the completed document C.J. Brewer Rt 1 Box 241 Tract 16 He is like Eddie Childs, mad about Council making them do something they don't want to do. He does not want any part of our city. How did they ge' into our ETJ? Mr. Boyle explained extraterritorial urisdiction and how they were establis ed. Mr. Brewer said if we make our city good enough, they will want to be annexed. He will move before he comes into S~uthlake. He does not want any part of Southlake. Doris Downard Rt I Box 158 Tract 19 Her taxes went up because of being next to Cross Timber Hills Addition. She has two pieces of property, one in Keller ISD and one in Carroll ISD. She asked if Southlake is spending tax dollars to fight the airport. Bill Henderson 700 Cimarron Trail 'rrac~ 1~ ~AME OF :OUNCI LPERSON CITY OF SOUTHLAKE~ TEXAS M~NUTES OF THE Special MEETING. DATE: August 27,1987 TIME: 7:30 p.m. PLACE: CITY OF SOUTHLAKE, PAGE: CITY COUNCIL ~. ~.D. ~ohnson School. 1200 N. Carroll Avenue, Southlake, Texas 9 INDEX He asked if individuals or companies pay any more money as a resu]t of annexation? If we get city services in good shape, he will want to come into Southlake in about three years. Maxine Beam Tract 19 She likes her place like it is and does not want to be apart of us. A.M. Franks Tract 21 He has his own master plan and has been working on it for the past 12-14 years. He feels better about the Cit Council tonight as he feels they to care about people. The public hearing was closed by Mayor Westerholm. A recess was reconvened at 10:45 p.m. Mayor Westerholm addressed the'audience Ladies and Gentlemen: The City Council has now conducted thre (3) nights of public hearings relative to the proposed annexation of land within the city. Past City Councils of the City of :Southlake have considered annexing iterritory within its extraterritorial ijurisdiction for quite some time. Pre- vious City Councils functioning under the authority of a general law city were nbt authorized to annex territory into the city without the owners reques' )etition. Home Rule cities functioning a City Charter such as the City's recently approved Charter have the auth. ority to annex property on a unilateral basis. The City has conducted studies and enerated a master plan regarding water , sewer service, street, drain- age park, police, fire and other such facilities with the residents of the area located within the city's ETJ IA~E OF :OUNC I LPERSOI~ CITY OF SOUTHLAKE, TEXAS MINUTES OF THE MEETING. DATE: TIME: PLACE: PAGE: Special CITY COUNCIL August 27,1987 7:30 p.m. CITY OF SOUTNLAKE, ~f~NXX~ ~ J.P. Johnson Elementary 8cho~ 1200 N. Carroll Avenue, Southlake, Texas INDEX 10 in mind. These plans reflect the fact that the City has anticipated thal these areas would eventually be annexe( into the City. The City's E.T.J. has been fixed and established for a number of years and people purchasing property within this area conld have been aware of the fact that their property was in the City's E.T.J. and would likely be annexed int( the City. During 1986 the City Council appointed a Charter Commission and the drafted a Charter to be submitted to the qualified voters of the City. The Charter, among other things, au the city to annex property into the cit without the consent of the owners of the property. The citizens of the Cit adopted the City Charter by a large margin on April 4,1987. There are many reasons for which the city is considering annexing the pro- perty in question, among these are: 1) to provide municipal services t~ the residents of the proposed anne area; 2) to assure that all citizens and their.property will receive the mutual benefit of reasonable and necessary zoning, health, safety and sanitation regulations; 3) to'ensure.that property will be allowed to develop to its highest and best uses in an orderly manner; 4) to enhance the property values within the annexed area; 5) to finalize boundaries of the city and 6) to improve the quality of life in the'area. The Constitution and statutes of the State 'of Texas, particularly the Municipal Annexation Act, authorize thc a~n~xatio~ of Property into the c~ty NAME OF COUNCILPERSO~ CITY OF SOUTHLAKE,.TExAs ~INUTES OF THE Special MEETING. DATE: TIME: PLACE: 'CITY COUNCIL August 27,1987 7:30 .m. CITY OF ~OUTHLAKE,~~EK~ ~ J.D. Johnson Elementary Schoc ~ Carroll Avenue, Southlake, T~ PAGE: 11 INDEX without the owners consent. The annexation will to enhance the health, safety, morals and general welfare of the citizens of the City and the resi- dents of the annexed area. The City looks forward to having you as fellow citizens and again, would like to you for your attendance and input here tonight~ City Attorney, John Boyle outlined the process o~ annexation for the audience. Under the Municipal Annexa- tion Act the statutes requires there be notice published and two public hearings. The hearings have been conducted and concluded. The next step for City Council, in the event they want to continue to consider the annexation, of any or all of the area that has been published and the ~blic hearings have been conducted is to consider a Resolution to instruct the City Attorney to draft an ordinance. Drafted just as all ordin- ances, which would incorporate tracts that city council wants to incorporate into the ordinance. The ordinance would be considered within a period between 20 and 40 days from tonight. City Council cannot ~ake action tonight that would actually annex any property. The only action tonight is to pass the resolution. A vote to draft the ordin- ance ~s not a vote to annex any proper- ty. This does not bind the city council to vote on any ordinance. When he ordinance is presented at the est reading, that is an action toward annexation. is the precedure under State Law City Charter. It will be necess- ary at a public meeting to pass a Resolution between 20-40 days if the City Council wishes to proceed with Lnnex~tion. Boyle stated a majority three vot- NAME OF COUNCI LPERSON "~Mahan Curry '" ' TEXAS ~ITY OF SOU]ItLAKL, MINUTES MEETING. DATE: TIME: PLACE: PAGE: OF TI]Ii Special CITY COUNCIL August 27,1987 7:30 p.m. CITY OF SOUTHLAKE, g~N~X~N~'N~!E~X ~X~X~X~R~X~~ X1~..~ J.D. Johnson Elementary School, 1200 N. Carroll Avenue, Southlake, Texas 12 INDEX tract of land before it is annexed. Councilperson McMahan stated Council did ask him to look at the annexation. He regrets he had a closed mind when we came into the meeting tonight. He is impressed with peoples rights, not with the threats, or whether or not he is voted in or out of office, should he run again for election. He asked each Councilmember to give this each ones deepest attention and thoughts. He wants to be sure he is doing what is right for the betterment of the City of Southlake. Motion was made to approve Resolution 87-58 with the following exhibits: Tracts, #4, #5, #7, #8, #9, #10, #11, #12, #13A, #13C, #13D, #15, #17, #18, #19, #21, #22, and #23. Motion died for lack of a second. Motion was made to table Resolution 87-58 to time certain September 1, in regular City Council meeting as a discussion item. Motion was altered to read, add to the agenda for the Regular City Council meeting on September 1, 1987. Motion died for lack of a second. Mayor ~esterholm encouraged Council to look at this as a step in progress. He urged City Council to pass the Resolution recognizing this step does not make commitments. Councilperson Curry commented we should listen to the input of the people. He is ready to consider the annexation but not until he can further consider the public comments. Mr. Boyle added that unless we incorporate the tracts, we will have to get back for another meeting to NAME OF COUNCILPERSON Curry Springer McMahan Stacy Curry Springer McMahan Stacy · CITY 01: SOUl'lli,AK]i, TE×AS MINUTES OF 1'1111 MEETING. DATE: TIME: PLACE: PAGE: Special CITY COUNCIL August 27,1987 7:30 p.m. CITY OF SOUTHLAKE, '~KX J.P. Johnson Elementary Scho 1200 N. Carroll Avenue, Southlake,Tx 13 INDEX Mayor Westerholm stated that if we pass the first motion, every option Council had in the beginning is s~ill open to them. Councilperson Stacy stated he feels City Council is rushing. He named the following concerns: i) We heed enough time to have a joint meeting with P & Z and we must add mobile home area to the ordinance. 2) Change the masonry ordinance. 3) Alot of folks would be willing if we could give them more information about our plan. 4) Re needs opinions from P & Z about changing ordinances. 5) We must take emotions out of this. If he cannot satisfy himself we are ready, he will not vote on anything. Mr. Boyle advised, if we do not go further, it will require more notices be published. Motion was made to table Resolution 87-58 until Thursday, September 10, at 7:30 p.m. in the City Council Chambers of City Hall, and continue as a consider item. J( hnyl%I.-W~sterholm N ' Ma or bf Southlake r~.ST: andra L~ .~Or and City Secretary