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1992-02-04 CITY OF SOUTHLAKE 667 N. Carroll Avenue REGULAR CITY COUNCIL MEETING February 4, 1992 7:00 P.M. MINUTES COUNCILMEMBERS PRESENT: Mayor, Gary Fickes; Mayor Pro Tem, Rick Wilhelm; Deputy Mayor Pro Tem, Sally Hall. Members: Jerry Farrier, Barry Emerson, and W. Ralph Evans. CITY STAFF PRESENT: Curtis E. Hawk, City Manager; Michael Barnes, Director of Public Works; LouAnn Heath, Director of Finance; Greg Last, City Planner; Karen Gandy, Zoning Administrator; Chris Terry, Assistant to the City Manager; Eddie Cheatham, City Engineer; E. Allen Taylor Jr., City Attorney; and, Sandra L. LeGrand, City Secretary.~ INVOCATION: Councilmember W. Ralph Evans. The Work Session was called to order at 6:30 p.m. to discuss the agenda items for tonight's meeting. Mayor Gary Fickes called the Regular City Council meeting to order at 7:10 p.m. Agenda Item #1-B~ Executive Session Mayor Fickes hereby advised the audience that Council would be going into executive session pursuant to Sections 2(e) 2(f) 2(g) 2(j) of the Open Meetings Act, to seek the advice of our City Attorney with respect to pending and contemplated litigations, 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 devices. Council went into executive session at 7:10 p.m. Council returned to Open Session at 7:35 p.m. Mayor Fickes announced that Council would be returning to executive session at the end of the agenda. Agenda item #l-C, will be considered at that time. Aqenda Item #2~ Approval of the Minutes of January 21~ 1992 City Council meetinq The Minutes of the January 21, 1992, City Council meeting, approved as modified in work session. Motion: Wilhelm Second: Emerson Ayes: Wilhelm, Emerson, Hall, Farrier, Evans, Flckes Abstention: O'Brien Approved: 6-0-1 vote were City Council Meeting Minutes January 21, 1992 page two Aqenda Item #3f Mayor's Report Mayor Fickes reported that he, Mike Barnes, Director of Public Works and Curtis Hawk, City Manager, attended a meeting with the State Department of Highways and Public Transportation in Fort Worth recently, in regard to F.M. 1709 improvements. Councilmember Barry Emerson introduced Yuktko Yamazaki, the oldest daughter of his host family when he and others went to Toyoma, Japan in September 1991, with the Sister City Program. Miss Yamazaki will be visiting Southlake for several weeks and will be joined by her sister soon. This is her first trip to the United States. Councilmember W. Ralph Evans made the statement that he has served the Citizens of Southlake for the past four years in Place 5, and that it has been an enjoyable and gratifying experience. He does not plan to seek reelection. However, he reserved the right to reconsider if he finds he cannot support a candidate for Place 5. Aqenda Item #4~ City Manaqer's Report No comments were made during the City Manager's Report. Aqenda Item #5f Consent Aqenda The consent agenda consisted of the following items: Resolution No. 92-05, Calling General Election for May 2, 1992. Be Resolution No. 92-06, Re-addressing Southlake citizens with Roanoke and Keller mail service. Authorizing staff to submit application for Northeast Medical Clinic Community Development Block Grant. Motion was made to approve the consent agenda consisting of Items A,B, & C. Motion: Emerson Second: Farrier Ayes: Emerson, Farrier, Evans, Hall, Wilhelm, O'Brien, Fickes Nays: None Approved: 7-0 vote City Council Meeting Minutes January 21, 1992 page three Aqenda Item #6-A~ Public Appearance~ Citizens Crime Commission Larry Oliver, with the Citizens Crime Commission of Tarrant County, was present and made a presentation in regards to their comprehensive report which was enacted on October 29, 1991. Mr. Oliver noted this organization is a volunteer effort, funded by the Tandy organization. A copy of the report will be available for public review in the Office of City Secretary. Agenda Item #6-B~ Public Appearance~ Community Road Improvements Task Force Michael Richarme, representing the Road Improvements Task Force, presented, the findings and conclusions to the City Council, stating the objectives of the task force was to, 1) develop a long range plan for the City of Southlake which identified and prtoritizes major thoroughfare requirements for the City of Southlake, developing recommendations for interim and long term solutions and calculates the financial impact of these recommendations on the homeowner. 2) to communicate this plan to the City Council, and 3) based on Council direction, to develop and implement a plan for successful funding of the long range plan. Mayor Fickes commended the task force for a wonderful job, he agrees with their recommendation which is to pay improvements through a 4.5 million dollar bond election. stated for the The City Manager stated, during the next Council meeting he will outline the steps necessary to call the Bond Election and other steps that need Council action. Aqenda Item #6-C~ Public Forum Rosemary Hutchins, 1412 Whispering Dell, Southlake. Mrs. Hutchins stated she is owner and director of "Camp Summer Oaks" and that she operates a scenic summer camp for about twenty-five (25) children from June through August in her home on Whispering Dell. She indicated she loves science and would like to be able to continue her summer camp. Kathy Morrison- passed. John Underwood, 1407 Whispering Dell Court, Southlake. Mr. Underwood referenced the increased traffic in their neighborhood, adding, it has become dangerous for those who live there. He is opposed to this activity continuing. Whispering Dell Estates has deed restrictions against having businesses in residential area. City Council Meeting Minutes February 4, 1992 page four Agenda Item #6-C, Continued Mayor Fickes stated he feels this type operation does not belong in residential areas. He urged Mrs. Hutchins to look at other alternatives. Councilmembers Wilhelm and Emerson agreed this is a "day care" type business out of her home and even though the city may let her continue, the subdivision has deed restrictions against it continuing. Agenda Item #7-A~ Ordinance No. 480-64~ 2nd readinq. ZA 91-72. Ordinance.. No. 480-64, is a zoning change request for 1.008 acres out of the O.W. Knight Survey, Abstract No. 899, Tracts 2B3, and 2B3B. Current zoning is "AG" Agricultural, with a request for "SF-1A" Single Family Residential. The location is the northwest corner of Lilac Lane and Buttercup Road. Owner: Billy D. Mitchell. Karen Gandy, Zoning Administrator led the presentation stating the property is located in the low density residential area on the Land Use Map. She added Mr. Mitchell is planning to combine the lots, making the 1.008 acres. Six (6) notices were sent to property owners within 200' and to date, no responses have been received. On January 9, 1992, the Planning and Zoning Commission recommended approval of this action by a 6-0 vote and on January 21, 1992, the City Council approved the 1st reading by a 6-0 vote. Terry Mitchell was present, representing the owner Billy D. Mitchell. The public hearing resulted with no comments from the audience. Motion was made to approve the 2nd reading of Ordinance No. 480-64. Motion: Farrier Second: Wilhelm Mayor Fickes read the caption of Ordinance No. 480-64. Ayes: Farrier, Wilhelm, Hall, Emerson, Nays: None Approved: 7-0 vote Evans, O'Brien, Fickes City Council Meeting Minutes February 4, 1992 page five Aqenda Item #7-B, Ordinance No. 536, 2nd readinq. Weeds The City Manager, Curtis E. Hawk explained the changes that have been made to the Weed Ordinance since the first reading, held on December 4, 1991, in that tracts of land in excess of five (5) acres on which livestock graze, the property owner must mow within 50 feet of the property line. If the property is less than five (5) acres, the property owner must mow to the curb or street. He added, a notice concerning the amendments to the weed ordinance was included in the citizens newsletter which went to every resident last week. Public Hearing: Lowell Mo~rison expressed ~oncerns with rubbish. Motion was made to approve Ordinance No. 536, Motion: O'Brien Second: Wilhelm 2nd reading on Weeds. Mayor Fickes read the caption of Ordinane No. 536 Ayes: O'Brien, Wilhelm, Hall, Nays: None Approved: 7-0 vote Emerson, Farrier, Evans, Fickes Aqenda Item #8-A, Ordinance No. 558~ 1st reading. Tarrant County Health Department~ Food Manaqer Certification Curtis Hawk explained the need for Ordinance No. 558, Tarrant County Health Department Food Manager Certification ordinance, which amends Ordinance No. 409, noting this is a follow up to our contract amendment with Tarrant County approved by City Council in November 1991. Each of the County's contract cities have been requested to approve this change, and $outhlake staff also recommends approving the changes. Mayor Fickes asked how this ordinance will affect the vendors at the Flea Market? Dennis McGrath, 2402 North Carroll Avenue, Southlake. asked about requirements for athletic groups & etc., and they need to do. Mr. McGrath what will Councilmember Sally Hall suggested that food poisoning and public health is a very big issue in this area. She suggested the groups get a list of health requirements regarding sale of food in Southlake. She suggested each group follow these rules. City Council Meeting Minutes February 4, 1992 page six Aqenda Item #8-At Continued Motion was made to approve Ordinance No. 558, 1st reading, Tarrant County Health Department, Food Manager Certification. Motion: Farrier Second: Evans for Mayor Fickes read the caption of Ordinance No. 558. Ayes: Farrier, Evans, Emerson, Nays: None Approved: 7-0 vote O'Brien, Hall, Wilhelm, Fickes Mayor Fickes left the room and did not vote on item #8-B. Aqenda item #8-B~ Ordinance No. 557~ 1st readinq. Masonry Ordinance Karen Gandy, Zoning Administrator, explained the proposed revision to the Masonry Ordinances repealing Ordinance Nos. 311 and 415, stating Ordinance No. 557, attempts to clarify the existing provisions, update the names of applicable zoning districts, and revise certain administrative functions in the approval process. Gandy stated the Planing and Zoning Commission recommended approval of the ordinance during the January 23, 1992 meeting by a 6-0 vote, with the suggested changes. Mayor Pro Tem Wilhelm suggested the word "structures" be stricken from the ordinance, and use the word, "buildings". The public hearing resulted with no comments from the audience. Motion was made to approve Ordinance No. 557, as presented, striking the word "structures" and adding "buildings" to the ordinance, and subject to the specific changes in the memorandum dated January 31, 1992 from the Zoning Administrator. Motion: O'Brien Second: Wilhelm Mayor Pro Tem Wilhelm read the caption of Ordinance No. 557. Ayes: O'Brien, Wilhelm, Emerson, Nays: None Approved: 6-0 vote Hall, Farrier, Evans. Mayor Fickes returned to the meeting. City Council Meeting Minutes February 4, 1992 page seven Aqenda Item #10-A~ Amendment to Trophy Club MUD #1 Agreement for Water and Wastewater Michael Barnes, Director of Public Works presented the amendment to the Trophy Club MUD #1 Contract, stating the contract between Trophy Club MUD #1 and the City of Southlake, approved in May 1991, was written specifically to serve the IBM project with water and sewer services. The amended contract allows the City to serve Southlake residents with water and sewer services along T.W. King Road with the approval for water services from Fort Worth and sewer services from MUD. Mr. Barnes explained that Item #6 of the contract was revised from the original contract to allow normal domestic wastewater users to connect ~o MUD's collection system without metering, provided that the customers also receive treated water from MUD. Any commercial users will be required to install a holding tank so that the wastewater can be tested. This section also makes the user responsible for any damages that might occur from any unauthorized industrial waste entering into the sewer system. All other aspects of the contract remain the same. It is necessary for this contract to be approved by Council prior to consideration and approval of the DalDen Agreement. This contract will allow the City to provide water and sewer services for DalDen. The contract will also allow Southlake to obtain additional water and sewer service through Trophy Club MUD #1, subject to approval of the City of Fort Worth for water and Trinity River Authority for sewer. The multi-jurisdictional contracts require approval of all four entities. Prior to extending services outside the T.W. King area, written approval must be obtained from Fort Worth and TRA in order to maintain the integrity of our interlocal contracts with these agencies. This contract will not adversely affect other contracts in place. Motion was made to approve amending the Trophy Club MUD #1 agreement for water/wastewater services. Motion: Farrier ~ Second: Emerson Ayes: Farrier, Emerson, Evans, O'Brien, Hall, Wilhelm, Fickes Nays: None Approved: 7-0 vote Agenda Item #10-B~ Agreement with DalDen for Water/Wastewater Services Director of Public Works, Michael Barnes presented the request for Water and Wastewater services for DalDen Corporation. Mr. Barnes stated on July 30, 1991, DalDen Corporation, a business located at the intersection of Bob Jones Road and T.W. King Road in City Council Meeting Minutes February 4, 1992 page eight Agenda Item #10-Bt Continued Southlake, requested the City of Southlake provide them with water and sewer services. There are no existing water or sewer facilities in that area and the only way to serve them would be through Trophy Club MUD #1. A response from Roger Unger, District Manager of MUD, stated they are willing to serve DalDen with water and wastewater services as long as DalDen can assure MUD that they will only be discharging domestic waste. The attached Interlocal Agreement which was prepared by the City Attorney, between the City of Southlake and DalDen Corporation, stipulates the parameters by which DalDen would be served with water and sewer facilities by the City via MUD. All costs associated with the construction of the water and sewer facilities would be the responsibility of DalDen and all construction plans would be approved by MUD and Southlake. Gary Reeves, President of DalDen Corporation, was present for the meeting to answer questions for Council. Motion was made to approve the agreement with DalDen Corporation in regards to water and wastewater services. Motion: Wilhelm Second: Farrier Ayes: Wilhelm, Farrier, Evans, O'Brien, Hall, Fickes Nays: None Approved: 7-0 vote Mayor Pro Tem Wilhelm wanted the minutes to reflect that because this is not a City of Southlake sewer system, the city impact fees are not involved in this situation. Agenda Item #10-C, Advertise for Bids, F.M. 1709 Water Line Relocation from F.M. 1938 to Jellico Circle East. Michael Barnes, Director of Public Works led the discussion in regard to seeking permission to advertise for bids for the continuation of the first section of the F.M. 1709 Water Line Relocation Project from F.M. 1938 to Jellico Circle East. In the original contract for the 1709 project, which was awarded to Pate Brothers in April, 1991 at a cost of $980,000, the section of F.M. 1709 from F.M. 1938 to Jellico Circle East could not be included since the State Highway Department had not completed their construction plans for that section of F.M. 1709. Barnes added, this section of the 1709 Project, from F.M. 1938 to Jellico Circle East, needs to be bid at this time because that section is in the first phase of the reconstruction of F.M. 1709 that is scheduled to be let in July 1992. Pate Brothers was asked City Council Meeting Minutes' February 4, 1992 page nine Aqenda Item #10-Ct Continued to consider adding this section on their existing contract , but they declined. Mr. Barnes continued, stating, the estimated construction cost of this section of the line is $130,000, which will be funded from the Infrastructure Reserve Account Fund. As of January 31, 1992, there is approximately $80,000 in the Infrastructure Reserve Fund. There is approximately $90,000 that the City is in the process of collecting from C.I.S.D. for the new High School sewer line which brings the total of the Infrastructure Reserve Fund to approximately $170,000. It is anticipated that this section of the project will be completed by May 15, 1992, which will not hold up the State's bidding process for the reconstruction of F.M. 1709. Motion was made to approve advertising for bids for water line relocation from F.M. Motion: O'Brien Second: Hall Ayes: O'Brten, Hall, Wilhelm, Nays: None Approved: 7-0 vote the F.M. 1709 1938 to Jelltco Circle East. Emerson, Evans, Farrier, Flckes Council adjourned for recess at 9:05 p.m. Council returned to open session at 9:20 p.m. Aqenda Item #ll-AI Discussion: City Garbaqe Franchise Agreement The City Manager, Curtis Hawk led the discussion in regard to the Franchise Agreement with City Garbage Service, stating in May 1987, the City entered into a five year contract with Lakeside Sanitation for garbage service, adding that the agreement has an automatic renewal clause unless either party notified the other of intention to terminate within 60 days prior to expiration of the first five-year agreement. Mr. Hawk also informed Council that the one year agreement with BFI for Recycling will expire at the same time as the garbage contract. Staff asked for direction on what they should do next. Buck Hubbard, General Manager of City Garbage was present and introduced Curtis McCaffity and Oscar O'Brien, partners and officers in Lakeside Sanitation. He noted that between those present from the Company, they represent about 120 years of experience in the garbage business. City Council Meeting Minutes February 18, 1992 page ten Agenda Item #i1-Ad Continued Mr. McCaffity informed Council of some of the additional services they perform to provide service to the customers. They will pick up large pieces of brush for $25.00 per load. They have a chipper at the center and they chip Christmas Trees and do not charge for this service. They will leave the chips for customer use. They will haul any household items as an additional service. He asked this to be placed in the newsletter for customer information. McCaffity noted they will pick up "misses" without question. Complaints are logged. They feel they give pretty good service, and try hard to provide good service. Mayor Fickes asked Counci~ whether they want to negotiate the contract or seek proposals. He added, the City is looking for a level of service, and low cost does not always count. However, because of prior commitments Council has made, Council feels the City should go out for proposals. Councilmember Farrier commented that the level of service is outstanding, and is the best selling tool. He feels we would be remiss to the citizens if Council did not seek proposals. He would like to have the garbage and recycling under one heading as it is cleaner. Councilmember Hall commented in regards to the citizens of Southlake being committed to recycling. Curtis McCaffity noted they are not against recycling, it just does not pay, it is not profitable. Councilmember Emerson stated he supports recycling. Councilmember O'Brien stated his family is very happy with the service they are getting from City Garbage. Mayor Fickes and Councilmembers Farrier and Emerson agreed, they are not in favor of anything that will reduce the level of service. The City Manager stated he will provide a resolution during the next Council meeting where staff can go out for proposals. Councilmember Emerson stated he will be absent for the next Council meeting, and wanted the minutes to reflect that he is happy with the service, if the details An the contract are worked out, he is satisfied with City Garbage. City Council Meeting Minutes February 4, 1992 page eleven Aqenda Item #11-Bt Discussion: Impact Fees/Pro Rata Fees Curtis Hawk informed Council that the City of Southlake currently has a Impact Fee/Pro Rata Ordinance. The problems with the ordinance is how we collect the fees. Hawk noted if the city continues the current practice, we could have an accounting nightmare as time goes by since each development will have a separate calculation. Under our current fee limits, we are only collecting a percentage of what we should be charging. By collecting less impact fee than the limits, we are further reducing our ability to capture the cost of the new development impact on the overall system. The Sewer Pro Rate Fees and Sewer Impact Fees were discussed. Michael Bgrnes presented a memorandum dated January 31, 1992, where he documented how the City is addressing sewer pro rate fees and sewer impact fees as it relates to Arvida/SouthRidge Lakes and subsequent developers who install all or portions of the Southlake Lakes subdivision who paid for an installed the S-4 Sewer Interceptor Line (S-4 Line). Sean Randol was present and asked Council for help as this issue relates to the SouthRidge Lakes subdivision. Curtis Hawk explained Mr. Randol's offer to Council, stating under the formula of the pro rata ordinance, also, using the impact fee, he has 223 lots remaining in his development in Phase I and Phase II. Current Sewer Impact Fee is $1,000 per lot. The Total Sewer Impact Fee for SouthRidge Lakes's remaining lots is $223,000. The calculation leaves $402 per lot or $89,542 that would normally be charged as SouthRidge Lakes Sewer Pro Rate Fee. Since SouthRidge Lakes paid for the S-4 Interceptor initially, they have already paid this cost. The City will be credited $14,595 toward the AFL requirement of the oversizing cost. To date, Arvida has been paid $38,461 toward their pro rate reimbursement from other developments, of which $6,269 has been credited to the City as oversizing costs. Unless otherwise directed by City Council, all future developments that install and pay for all or a portion of an interceptor sewer line, such as the S-2 Interceptor Agreement now in place, will be charged Sewer Impact Fees in the same manner as described above. Subsequent developments within a basin where the interceptor sewer line has been installed by other developers will be charged a sewer impact fee and a sewer pro rata fee as described above. The City Manager will bring a formal agreement with Arvida to the next Council meeting. City Council Meeting Minutes February 4, 1992 page twelve Agenda Item #Ii-C, Presentation FY 1991 Audit Report Jerry Weaver, Weaver and Tidwell Certified Public Accountants was present for the meeting and presented the 1991 Audit Report. Council is to review the document, asking questions if they so choose. Agenda Item #1-CI Action Necessary/Executive Session As the result of the evaluation of the City Secretary, motion was made to approve a salary increase for the City Secretary to $38,200. Motion: Wilhelm Second: Evans Ayes: Wilhelm, Evans, Farrier, O'Brien, Hall, Emerson, Fickes Nays: None Approved: 7-0 vote Aqenda Item #121 Adjournment Motion was made to adjourn the meeting at 11:55 p.m. Motion: Wilhelm Second: Farrier Ayes: Wilhelm, Farrier, Nays: None Approved: 7-0 vote ATTE ST: ~Sandra L. 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