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1995-11-28 Special CC Meeting City of Southlake, Texas SPECIAL CITY COUNCIL MEETING: NOVEMBER 28, 1995 LOCATION: 667 North Carroll Avenue, Southlake, Texas City Council Chamber of City Hall TIME: 7:30 P.M. AGENDA 1. Call to order. 2. A. Executive Session: Pursuant to the Open Meetings Act, Chapter 551 of the Texas Government Code, Sections 551.071, 551.072, 551.074, 551.076. Refer to posted list attached hereto and incorporated herein. B. Reconvene: Action necessary on items discussed in executive session. 3. Discussion: Meeting with interested citizens regarding H2NO. 4. Consider: Possible Lease Agreement for municipal office space. 5. Consider: Resolution No. 95 -53, Notice of Intent to Issue Certificates of Obligation. 6. Discussion: Council - Manager working committees. 7. Meeting Adjourned. CERTIFICATE I hereby certify that the above agenda was posted on the official bulletin boards at city hall, 667 North Carroll Avenue, Southlake, Texas, on Wednesday, November 22, 1995 at 5:00 p.m., pursuant to the Texas Government Code, Chapter 551. 944thit ontsui ttttttttttttt 1141,f, frlH Sandra L. LeGrand City Secretary * * * mow If you plan to attend this public meeting and have a disability that requires special needs, please advise the City Secretary 48 hours in advance at 481 -5581 extension 704, and reasonable accommodations will be made to assist you. c:\WPFILES\CC-11-28.AGN\s1 City of Southlake, Texas EXECUTIVE SESSION PENDING LITIGATION - SECTION 551.071 The City Council may consider pending and contemplated litigation subjects. The following subjects may be discussed: 1. Legend Custom Homes. 1993 2. VW Investments, Inc. and Frost Fuels Corporation, dba Southlake Fuels vs. City of Southlake, Texas, Curtis E. Hawk, Karen P. Gandy, and the Southlake Board of Adjustments. 1994 3. Aledo Construction. 1994 4. Walters Claim. 1995 Litigation is, by nature, an on -going process, and questions may arise as to trial tactics which need to be explained to the City Council. Upon occasions, the City Council may need information from the City Attorney as to the status of the pending or contemplated litigation subjects set out above. After discussion of the pending and contemplated litigation subjects in executive session, any final action, or vote taken, will be in open session. LAND ACQUISITION- SECTION 551.072 The City Council may consider the purchase, exchange, lease, or sale of real property. After discussion of land acquisitions in executive session, any final action, or vote taken, will be in open session. PERSONNEL - SECTION 551.074 The City Council may consider the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of public officers or employees, including the City Manager, City Secretary, City Attorney, and City Board and Commission Members. A complete list of the City Boards and Commissions is on file in the City Secretary's Office. DEPLOYMENT OF SECURITY PERSONNEL - SECTION 551.076 Regarding the deployment or specific occasions for implementation of security personnel or devices. After discussion of any or all of the above, in executive session, any final action or vote taken will be in open session by the City Council. If personnel issues or litigation issues arise, or a need to seek advice from the City Attorney as to the posted subject matter of this City Council meeting, an executive session will be held. 407 SPECIAL CITY COUNCIL MEETING: NOVEMBER 28. 1995 LOCATION: 667 North Carroll Avenue, Southlake, Texas City Council Chamber of City Hall TIME: 7:30 P.M. AGENDA 1. Call to order. 2. A. Executive Session: Pursuant to the Open Meetings Act, Chapter 551 of the Texas Government Code, Sections 551.071, 551.072, 551.074, 551.076. Refer to posted list attached hereto and incorporated herein. B. Reconvene: Action necessary on items discussed in executive session. 3. Discussion: Meeting with interested citizens regarding H2NO. 4. Consider: Possible Lease Agreement for municipal office space. 5. Consider: Resolution No. 95-53, Notice of Intent to Issue Certificates of Obligation. 6. Discussion: Council-Manager working committees. 7. Meeting Adjourned. CERTIFICATE I hereby certify that the above agenda was posted on the official bulletin boards at city hall, 667 North Carroll Avenue, Southlake, Texas, on Wednesday, November 22, 1995 at 5:00 p.m., pursuant to the Texas Government Code, Chapter 551. 44/14 /1/tiktf4.1 Sandra L. LeGrand City Secretary If you plan to attend this public meeting and have a disability that requires special needs, please advise the City Secretary 48 hours in advance at 481-5581 extension 704, and reasonable accommodations will be made to assist you. C:\WPFILFSICC-11-28.AGN1s1 408 CITY OF SOUTHLAKE, TEXAS 667 NORTH CARROLL AVENUE SPECIAL CITY COUNCIL MEETING NOVEMBER 28, 1995 MINUTES COUNCILMEMBERS PRESENT: Mayor Gary Fickes; Mayor Pro Tern Andy Wambsganss; Deputy Mayor Pro Tern Pamela Muller. Members: W. Ralph Evans, Sally Hall, Ron Maness, and Michael Richarme. CITY STAFF PRESENT: Shana Yelverton, Assistant City Manager; Kevin Hugman, Assistant to the City Manager; Lou Ann Heath, Director of Finance; Bob Whitehead, Director of Public Works; Debra Drayovitch, City Attorney; and, Sandra L. LeGrand. The Special City Council meeting was called to order by Andy Wambsganss, Mayor Pro Tern at 7:30 p.m. Agenda Item #2-A, Executive Session Mayor Pro Tern Wambsganss advised the audience that Council would be going into executive session pursuant to Chapter 551 of the Texas Government Code, Sections 551.071, 551.072, 551.074, 551.076 of the Open Meetings Act, to seek the advice of the City Attorney with respect to pending and contemplated litigations, and to discuss the purchase, exchange, lease or sale of real property and to consider the appointment and evaluation of public officials, and regarding the deployment of specific occasions for implementation of security personnel or devises. Council adjourned for executive session at 7:30 p.m. Council returned to open session at 7:45 p.m. Agenda Item #2-B, Action Necessary/Executive Session No action was taken as the result of the executive session. Agenda Item #3, Discussion: Regarding Concerns of H2NO Citizens Mayor Fickes thanked everyone who came tonight, realizing there has been some concern about some city facilities in certain areas of the community and that is why we called this special city council meeting in response to the request of citizens at a meeting several weeks ago. Bob Whitehead, Director of Public Works, presented facts and discussion points in response to the H2NO's letter presented to the City Council on November 7, 1995. A copy of the memorandum to the City Manager from Mr. Whitehead, dated November 28, 1995, is hereby 409 Special City Council Meeting Minutes November 28, 1995 page two Agenda item #3, Continued attached to the minutes of this meeting. Bob Whitehead introduced Dr. Ted Carnes, Ph.d.,P.E., senior consultant with Pelton Marsh Kinsella, consultants in acoustics, theatre, television and audio/visual design who has prepared a study on behalf of the City on the general area of the Pearson Lane proposed water storage tanks. Dr. Ted N. Carnes, 7950 Elmbrook Drive, Suite 100, Dallas. Dr. Carnes presented two sound level tables in determining the sound impact that would take place with a ground storage facility on the proposed site. The first chart was a sound level comparison table which demonstrates the generic sound level comparisons of commonly used domestic equipment in relation to the maximum sound levels produced by vertical turbine water pumps at the Pearson Road Pump Station. The second chart was a graphic demonstration of actual sound levels produced and recorded at the Pearson Road Pump Station by an independent consultant on November 21, 1995. Sound levels were recorded at specific distances from various types of sources common to residents along Pearson Road. These sound levels were then compared to the sound levels of vertical turbine pumps at various distances. All recordings were taken downwind of source between 10:30 a.m. and 11:15 a.m. Dan Tatum, attorney with Jackson & Walker, 777 Main Street, Suite 1800, Fort Worth. Mr. Tatum stated he is representing property owners in the area of Pearson Road where the city proposes to place a ground storage tank near the Keller tank. He showed photographs of the area when the present tank overflowed. He proposed that the best site for the tank is site #3 (Jorden and Harrell, with commercial zoning). Mr. Tatum referenced noise caused by the pumps and the city employees' radios in the middle of the night. Paul Overton, 440 North Pearson. Mr. Overton stated he lives next door to the property being considered by the City of Southlake. He stated he has talked to the City Council in Keller and they have not indicated they are putting in another three million gallon tank. He stated he called the TNRCC, the agency who regulates the tanks, and found that only one submittal had been received in March, 1994. Overton stated no one from the City of Southlake has contacted the property owners in the area about their plan to place another storage tank in this area. This is a concern to him. Mr. Overton stated he feels it will create health and safety issues. Mr. Overton stated the City of Keller did have a chlorine leak at one of their facilities at F.M. • 1709 and F.M. 377. There is a number of ways a tower can leak, according to Mr. Overton. He informed Council that the tank is eighteen (18) feet from his property line, and other concerns include: lighting, water leaks, noise, security lights. Lastly, he stated he feels this does not belong in a residential area. Mike McCellan, real estate consultant for Mr. Overton. Mr. McCellan stated environmental 410 Special City Council Meeting Minutes November 28, 1995 page three Agenda Item #3, continued issues are his specialty, and he has done studies near water towers. He alleged that it is seldom a ground storage tank is built in an existing residential area. When this happens the market will reflect it. Culler Calame, 419 North Pearson, Southlake. Mr. Calame asked where the water will go from the tank, and when will the city put in the street. He stated the City has not cleared bar ditches for additional water. He referenced the chlorine alarm; he does not care that it rings at City Hall, he wants to know in order to get his children out of the area. Lighting, noise are major concerns. Mr. Calame presented petitions from citizens in the general area who are opposed to another tank being built in that area. Tom VanFleet, 407 North Pearson, Southlake. Mr. VanFleet stated he lives directly across from the proposed site. He had his house on the market before the Keller towner went in. He could not sell it because it was known the tower was going in. He has problems with pumps going on in the middle of the night and the water run-off when it rains. He was informed by accident that the City of Southlake wanted to install a tank near his property. He stated he is not happy and does not want the tank there. He is in favor of Site #4 if we need another water facility. The alternate site could save everyone. Steve Fithian, 1849 Pearson Crossing, Keller. Mr. Fithian stated when the existing pumps over flow, it goes over many properties and floods. Property values are his main concern. Site #4 is the logical choice according to Mr. Fithian. Neil Hule, 145 North Pearson Lane. Mr. Hule stated he is on the Southlake side of Pearson. He opposes the water tanks because of all that has been said tonight. He considers the tanks as an industrial use. The visual pollution will effect him a lot. He stated a lot of their lives are invested in there homes. He asked City Council to oppose this development. Bruce Bower, 1845 Pearson Crossing, Keller. Mr. Bower asked the City Council if they built in costs for consultants into the site cost. He asked if they did this with each site. He is opposed to a new tank at this site. Terry Perkins, 314 Crossing Court, Keller. Mr. Perkins stated he moved here two years ago. He felt the current site would not bother them, but three or four more tanks would be awful. He stated steel tanks are struck by lighting. If that happens there will be flooding. He stated he feels City Council will be better off by building on the agricultural site. Cheryl Sanders, 1903 Pearson Crossing, Keller. Ms. Sanders is concerned with how this will effect her property values. She knows additional water tanks will hurt them, therefore, she asked Council to consider another site. 411 Special City Council Meeting Minutes November 28, 1995 page four Agenda Item #3, Continued Mayor Fickes stated in the next sixty (60) days, the City Council will have decided where they will go with the site. They will work with Keller in the site location, as it will be of benefit to both cities. City Council adjourned for recess at 8:50 p.m. Council returned to open session at 9:10 p.m. Agenda Item #5, Resolution No. 95-53. Notice to Intent to Issue Certificates of Obligation. Lou Ann Heath, Director of Finance, introduced Resolution No. 95-53, Notice of Intent to Issue Certificates of Obligation, stating prior to issuance of the certificates, the City Council is required to publish notice of its intention to issue the same in a newspaper of general circulation in the City, stating the time and place the Council tentatively proposed to pass the ordinance authorizing the issues. The principal amount of the Certificates of Obligation is not to exceed $350,000 for the purpose of paying contractual obligations to be incurred for the acquisition of land for a new municipal complex. Such certificates to be payable from ad valorem taxes. Gary Hargett, 1111 South White Chapel Blvd. Southlake. Mr. Hargett stated he has come before Council to make an offer. He questioned the amount of money that has been committed for a municipal complex and wondered it if is the most effective way to spend tax dollars. He stated he is offering his service to work with this project and try to find property that would be more suitable and less costly. He asked Council to give him three months and the criteria the committee used. He stated he will split the difference for his services, giving his portion back to the City with the condition he chooses what the funds will be used for. Councilmember Richarme asked Ms. Heath if the Certificates of Obligation is tied to a particular piece of property. Answer, yes. Mayor Fickes stated he has tried to drive as hard a bargain as anyone, and feels he has never paid too much for property for the City. There are many factors that come into play when the City purchases property, not only the cost. Motion was made to approve Resolution No. 95-53. Motion: Wambsganss Second: Hall Ayes: Wambsganss, Hall, Evans, Maness, Muller, Richarme, Fickes Nays: None Approved: 7-0 vote 412 Special City Council Meeting Minutes November 28, 1995 page five Agenda Item #4, Possible Lease Agreement for Municipal Office Space. Assistant City Manager Shana Yelverton, made a presentation regarding the possible lease agreement for municipal office space, adding, additional space is needed because the work space is cramped, storage space is limited, and meeting space is difficult to locate. Ms. Yelverton stated the committee has come up with alternatives for additional space: portable buildings on the existing site; lease office space; joint utilization options; or Bicentennial Park possibilities. A comparison matrix was presented with information on the alternatives for short term municipal space needs. A copy of the information provided is hereby attached to the minutes of this meeting. A discussion was held regarding the need for 4700 s.f. of space in the Woodland Heights building. It was noted that possibly the Chamber of Commerce could move into approximately 400 s.f. of the space. Councilmember Wambsganss stated a responsible government is for the City to live within the guidelines we ask everyone else to live within. In order to stay on this property we would need several variance from the Zoning Board of Adjustments. The terms of the contract were discussed, including length of the lease and how much space will the City need now, over a two-year time frame, and a five-year time frame. Rex Potter, 303 Waterford Court, Southlake. Mr. Potter stated the City needs meeting rooms. He understands the costs, but the city does not have room for their volunteers to meet in. He feels the City should lease the entire 4700 s.f. building as we need the space. Motion was made to authorize the Mayor to enter into a lease agreement for office space for up to 4700 square feet, however, requesting staff prior to execution of such an agreement, to evaluate whether that amount of square footage is necessary, over the time space of the proposed lease. Motion: Wambsganss Second: Evans Ayes: Wambsganss, Evans, Hall, Maness, Muller, Richarme, Fickes Nays: None Approved: 7-0 vote Mayor Fickes stated, "would it be fair to say that staff is prepared to lease up to 4700 square feet, to see if the owner would let us have less, with the options, that is what he is saying, if we need 3200 square feet, and there is some left, if they can spread it out." 413 Special City Council Meeting Minutes November 28, 1995 page six Agenda Item #4, Continued Councilmember Wambsganss stated, if 4700 s.f. is the only thing that works, so be it--at least we have done our due-diligence. Agenda Item #2-A, Executive Session Mayor Fickes advised the audience that Council would be going back into executive session pursuant to Chapter 551 of the Texas Government Code, Sections 551.071, 551.072, 551.074, 551.076 of the Open Meetings Act, to seek the advice of the City Attorney with respect to pending and contemplated litigations and to discuss the purchase, exchange, lease or sale of real property and to consider the appointment and evaluation of public officials, and regarding the deployment of specific occasions for implementation of security personnel or devises. Council returned to executive session at 10:25 p.m. Council returned to open session at 11:15 p.m. Agenda Item #2-B, Action Necessary/Executive Session ( No action was taken as the result of the executive session. Agenda Item #12, Adjournment The meeting was adjourned at 11:15 p.m. by Mayor Gary Fickes. Mayor Gar ickes A EST: liP14,frtoe) andra L. LeGrand City Secretary 414 REGULAR CITY COUNCIL MEETING: DECEMBER 5, 1995 LOCATION: 667 North Carroll Avenue, Southlake, Texas City Council Chamber of City Hall WORK SESSION: 6:30 P.M. 1. Discussion of all items on tonight's agenda. REGULAR SESSION: 7:00 P.M. AGENDA 1. Call to order. Invocation. 2. A. Executive Session: Pursuant to the Open Meetings Act, Chapter 551 of the Texas Government Code, Sections 551.071, 551.072, 551.074, 551.076. Refer to posted list attached hereto and incorporated herein. B. Reconvene: Action necessary on items discussed in executive session. 3. Approval of the Minutes of the Regular City Council Meeting held on November 21, 1995 and the Minutes of the Special City Council Meeting held on November 28, 1995. 4. Reports: A. Mayor's Report. B. City Manager's Report. C. SPIN Report. CONSENT AGENDA r— All items listed below are considered to be routine by the City Council and will be enacted with one motion. There will be no separate discussion of items unless a Councilmember or citizen so requests, in which event the item will be removed from the general order of business and considered in its normal sequence. 5. Consent: A. Reject Bids and authorize staff to rebid the Vista Trails, Sewer and Street Improvements Project, and bid Cimmarron Acres Sewer.