The URL can be used to link to this page

1992-10-06 CITY OF SOUTHLAKE 667 N. Carroll Avenue REGULAR CITY COUNCIL MEETING October 6, 1992 7:00 p.m. MINUTES COUNCILMEMBERS PRESENT: Mayor, Gary Fickes; Mayor Pro Tem Rick Wilhelm; Deputy Mayor Pro Tem Jerry Farrier. Members: Mike O'Brien, Stephen Apple, Barry Emerson, and Jon Michael Franks. CITY STAFF PRESENT: City Manager, Curtis E. Hawk; Director of Finance, LouAnn Heath; Director of Public Works, Mike Barnes; Director of Public Safety, Billy Campbell; Eddie Cheatham, City Engineer; Greg Last, City Planner; Karen Gandy, Zoning Administrator; Wayne K. Olson, City Attorney; and, Sandra L. LeGrand, City Secretary. INVOCATION: Councilmember Jerry Farrier. The Work Session was called to order at 6:30 p.m. in order for Council members to discuss the agenda items for tonight's meeting. Mayor Gary Fickes called the Regular City Council meeting to order at 7:08 p.m. Agenda Item #l-B, Executive Session Mayor Gary Fickes hereby advised the audience that Council would be going into executive session pursuant to Section 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 adjourned into executive session at 7:10 p.m. Council returned to Open Session at 7:35 p.m. Aqenda Item #i-C~ Action Necessary/Executive Session No action was necessary at this time, as the result of the executive session. Council will however, be returning to executive session during this meeting. City Council Meeting Minutes October 6, 1992 page two Aqenda Item #3-B~ Publicly Open and Read Bids for Sale of Bonds Boyd London, the City's Bonding Agent with First Southwest Company was present and opened bids, first for the Sale of City of Southlake, Texas General Obligation Bonds, Series 1992, dated October 1, 1992. Prudential-Securities Incorporated Dean Witter Reynolds, Inc. Smith Barney, Harris Upham & Co. Lehman Brothers Barre & Company, Inc. 5.8354 6.2003137 6.121231 6.158175 6.39441 Bids were opened for City of Southlake, Texas, Tax and Waterworks and Sewe= System Surplus Revenue Certificate of Obligation, Series 1992A, dated October 1, 1992. Prudential-Securities Incorporated Dean Witter Reynolds, Inc. Barre & Company, Inc. Lehman Brothers Smith Barney, Harris Upham & Co. 5.8409 6.2165848 6.39998 6.177701 6.123421 Boyd London indicated he would review the bids and the low bid[ will be awarded during Agenda Item #8-F. Aqenda Item #2, Approval of Minutes for September 15~ The Minutes of the September 15, 1992, City Council approved as amended during Work Session. Motion: Emerson Second: Wilhelm Ayes: Emerson, Wilhelm, O'Brien, Apple, Farrier, Nays: None Approved: 7-0 vote 1992 meeting were Franks, Fickes Aqenda Item #3-A~ Mayor's Report Mayor Fickes commented on the trip to New York which took place on September 24 and 25, 1992, where Mayor Pro Tem Wilhelm, Councilmember Barry Emerson, Curtis Hawk, City Manager, LouAnn Heath, Finance Director, and he, presented the City of Southlake to Moody and Standard and Poor's Investment Company's. Fickes stated the City set good ground work in explaining the position of Southlake with regard to infrastructure and Planning for the next fifteen to twenty years. City Council Meeting Minutes October 6, 1992 page three Aqenda Item #3-At Continued Both rating agencies stated when they give their outlook, it could be negative or positive. They indicated it would not be a negative outlook for Southlake, as we are one of the few City's in the Metroplex that has not shown a negative assessed property value this year. Mayor Fickes reported that events of October 5, 1992, were very important for our City, as we had a Ground-Breaking on F.M. 1709 where approximately sixty (60) people were present, including a County Judge, a County Commissioner, State Legislative Representatives, State Highway Department Representatives, past Councilmembers, Mayor's and others. F.M. 1709 will be a five (5) lane highway with a center lane. This will enhance our ability to bring commercial to the City, according to Fickes. This step is something this and previous Councils have been committed to do, and will be a benefit to everyone as it is a safety factor, which is why this program was initiated. The program will take approximately eighteen (18) months to complete. Councilmember Wilhelm reported on September 23, 1992, the Southlake Economic Development Council continued their visitation program. They met at Mesco Metal Buildings located on Highway 114 at Kimball Avenue. S.E.D.C. members present were made aware of the companies history of the area. According to Wilhelm, the group will continue to meet periodically at other businesses in the city. The Mayor commented on "Casino Nite", held on October 3, 1992. He congratulated the Chamber of Commerce and the School District for a good job-- the money raised will be well spent in the community and the proceeds went to a good cause. Agenda Item #4t City Manqer's Report The City Manager noted there was a need to get with Lone Star Gas and the Railroad Commission in regard to the regulators on F.M. 1709. Staff did meet with the staff engineer from Railroad Commission and the Field Supervisor with Lone Star Gas. There were a number of things that needed to be looked at. It was determined there is a need for regulators at this site, but eventually, they will go away. There will be improvements made, and some technical things considered when council considered the Lone Star Gas Company Franchise Agreement in the near future. City Council Meeting Minutes October 6, 1992 page four Aqenda Item #8-F~ Award of Bid for Sale of Tax and Waterworks and Sewer System Surplus Revenue Certificates of Obligation Bonds. Boyd London, First Southwest Company stated they have evaluated the bids and recommend approval of Prudential-Securities Incorporated for both "City of Southlake, Texas, Tax and Waterworks and Sewer System Surplus Revenue Certificates of Obligation, Series 1992A," dated October 1, 1992, and "City of Southlake, Texas, General Obligation Bonds, Series 1992", dated October 1, 1992. Rates include: General Obligation Bonds, effective interest rate of 5.8354; and, Tax and Waterworks and Sewer System Certificates of Obligation, effective interest rate of 5.8409. Motion was made to accept · the recommendation of First Southwest Company and award the bids to Prudential-Securities Incorporated for both G.O. Bonds and Certificates of Obligations. Motion: Emerson Second: Wilhelm Ayes: Emerson, Wilhelm, Farrier, Franks, O'Brien, Apple, Fickes Nays: None Approved: 7-0 vote Agenda Item #5~ Consent Aqenda The Consent agenda consisted of Items A,B,C,D,E. At the request of Councilmember Mike O'Brien, Agenda Item #5-E was removed from consent. The consent agenda consisted of the following: 5-A Permission to advertise for bids for a Manufactured Building for Public Works, to be located on City Hall Site. 5-B Permission to advertise for bids for plugging the wells at City Hall Site. 5-C Resolution No. 92-45, approving a Revised Agreement with Tarrant County for Collection of Ad Valorem Taxes. 5-D Resolution No. 92-46, appointing Mike Bedrich as a Reserve Police Officer. Motion was made to approve the Consent Agenda consisting of Items #5-A, #5-B, #5-C, and #5-D, as discussed. Motion: Farrier Second: O'Brien Ayes: Farrier, O'Brien, Apple, Franks, Emerson, Wilhelm, Fickes Nays: None Approved: 7-0 vote City Council Meeting Minutes October 6, 1992 page five Information on Consent items 5-A Permission to Advertise- Manufactured Building. Director of Public Works, Mike Barnes, stated in 1992-93 Water Budget. Funds were budgeted ($25,000)to construct and install a 12'X56' manufactured building. This building will house the offices of the Water and Sewer Superintendent, Street Superintendent, Public Works Construction Inspector, and the E.I.T. The building will be located approximately in front of the existing pump station. 5-B Permission to Advertise- Plugging of Paluxy and Trinity Wells At City Hall. In the FY 1992-93 Budget, funds were budgeted ($20,000) to plug the Paluxy and Trinity Wells at City Hall. The wells are being plugged because the Texas Water Commission prohibits the operation of the wells within 150 feet of underground gas tanks. 5-C Tax Collection Agreement with Tarrant County- the Commissioners approved on September 23, a revised tax collection agreement for the City. Earlier in September the City Council approved a modified agreement that deleted certain provisions that were in the July, 1992 original agreement submitted by June Garrison's Office. The Agreement allows the City the option to audit certain collection procedures at a specified cost paid by the city. Aqenda Item #5-E~ Resolution Aqreement with CISD~ and a Services No. 92-44~ Teen Court Interlocal Contract with Contractor of Persona] The City Manager, Curtis Hawk stated Resolution No. 92-44 authorizes the Mayor to enter into an interlocal agreement with CISD and an independent contractor for the Teen Court Program. One (1) resolution covers both contracts, because neither will stand alone in order to make the program work. The Teen Court Coordinator will be an independent contractor, not a City employee. Councilmember Mike O'Brien stated he has no problem with the Teen Court Program, rather how the program was presented to City Council last year by former Councilmember Sally Hall, in regard to its incorrect projected cost of the project. He feels the project is wrong, in that it should not be funded by the City, with tax payer dollars. City Council Meeting Minutes October 6, 1992 page six Agenda Item %5-E~ Continued Councilmember Jon Michael Franks stated he has looked over the material which was presented in the packets, and he disagrees with Councilmember O'Brien in regard to the benefit to the community, but does agree on the issue of the increased funding. He stated he is hopeful he can keep the salary down as low as possible. He feels the contract between the City and School District needs to be done as soon as possible, as they agreed to fund $10,000 for the program. Mayor Fickes expressed that he has concerns with the increased paid coordinator and the increased funding. He wants a good selection of applicants, and feels this is not a fixed deal. Motion was made to Approve Resolution No. 92-44, as presented. Motion: Wilhelm Second: Emerson Ayes: Wilhelm, Emerson, Franks, Farrier, Apple, Fickes Nays: O'Brien Approved: 6-1 vote Aqenda Item #6-A, Public Forum Ann Essig, 315 Dove Creek Trail, Southlake. Mrs. Essig spoke il regard to the drainage easement next to her property on Summerplace Addition. She referenced , the drainage easement which runs along the western side of their property, and added, approximately ten (10) other properties share the easement as well. They have pictures taken since 1990, particularly since the development of Chapel Downs. In March of 1989 the City put in rye grass to keep the area from flooding. She alleged the flooding which takes place is caused by the development in the area. If this is allowed to continue, it will effect the value of her property. Mayor Fickes stated the City has a drainage easement but not access. Mrs. Essig is asking the City to fix this, in order for them to be able to maintain the drainage easement. Charlie Broadaway, 600 Bentwood, Southlake. Mr. Broadaway stated this is a "red letter day" in the history of Southlake, and the first in ten (10) years that Southlake tax rate has remained the same. He thanked the City Staff and City Council for keeping the tax rate the same. He added, "as they say, let growth pay for itself". City Council Meeting Minutes October 6, 1992 page seven Agenda Item #7-A, Ordinance No. 480-77, 2nd reading (ZA 92-35) Ordinance No. 480-77 is a zoning change request for 22.27 acres situated in the R.D. Price Survey, Abstract No. 1207, Tracts 2F, 2F6, 2F8, and 3B1A, being more commonly known as 2930 Ridgecrest, Drive. Current zoning is "SF-1A", Single Family-lA, Residential with a request for "AG" Agricultural Zoning. Owner: Plano Bank and Trust. Karen Gandy Zoning Administrator, noted the agents have indicated that the potential buyer would like to continue the existing use of residential/equestrian stables and would like to add a new covered arena and show ring after the purchase. Nineteen (19) notices were sent to property owners within 200' and no responses have been received. The Plano Bank and Trust has applied for a Specific Use Permit for equestrian uses and a preliminary plat of the property. The City Council should review these cases on November 3, 1992. No comments were received during the public hearing. Motion was made to approve Ordinance No. 480-77, 2nd reading as presented. Motion: Wilhelm Second: Apple Mayor Fickes read the caption of the ordinance. Ayes: Wilhelm, Apple, O'Brien, Franks, Farrier, Emerson, Flckes Nays: None Approved: 7-0 vote Curtis Hawk, City Manager, stated the City is proceeding with plans to improve the sight distance on the curve as discussed at the last meeting. Agenda Item #7-B~ Ordinance No. 537~ 2nd readinq "No Smoking" The City Manager stated, although no changes have been made in Ordinance No. 537, the City Staff and City Attorney are prepared to respond to questions of Council. The concerns with the ordinance include scope of authority relating to the Carroll ISD and other enforcement issues. Mayor Fickes read a letter presented from Edie Watkins, President of the Carroll ISD Board of Trustees, where Ms. Watkins requested Council study and consider a city wide nonsmoking ordinance, she asked Council to include all spectator seating areas of outdoor athletic facilities in the ordinance. Mrs. Watkins added, since the CISD would technically have no power of enforcement, and Council can grant the City of Southlake the necessary power of enforcement, she asked Council to consider this issue in the ordinance. City Council Meeting Minutes October 6, 1992 page eight Agenda Item #7-B~ Continued Public Hearing: John Rollins, 1614 Heatherbrook, Southlake. Mr. Rollins stated, he applauds the City Council for the example they are setting for children in our community, by approving an ordinance. He used GTE as an example, in the policy they have for "No Smoking", adding, this action will also reduce health care policy costs. He joins in with Mrs. Watkins in asking the ordinance to apply to outside activities. Mayor Fickes stated, if the City includes outside activities in the ordinance, he would like for the City and CISD to work together on this, and not have the city be the "bad guy". Dennis McGrath, 2403 North Carroll Avenue, Southlake. Mr. McGrath noted he is not a smoker, however, he feels an area should be maintained for smoker. He feels we should try to provide for this, so more people will be in compliance. Peter Sporrer, 1214 Woodsey Court, Southlake. Mr. Sporrer noted he is a smoker, however, he has a problem with making it too restrictive for them. Smokers need a smoking area. Public hearing closed. Councilmember Stephen Apple stated he was approached months ago about this issue. He feels this is the right thing to do given the ordinance we are passing. He encourages City Council to think along those lines. He stated, he feels a ballgame is the same thing, that it is appropriate to have a space set aside for smokers and we should set the example. He wants an outdoor space set aside for smokers. Apple stated he feels the ordinance is fair and comprehensive. Motion was made to approve 2nd reading of Ordinance No. 537, to include a paragraph to include spectator seating and outdoor events; to include amending Section 4, to include indoor dining areas; and to include in Section 5, that proper notification will be given to Southlake businesses; and add in the "Whereas" section of the ordinance, that the majority of the school board endorses this, and they will participate in the enforcement of this ordinance; and, Section 3, in regard to allowing designated areas for smoking. Motion: Apple Second: Farrier Mayor Fickes read the caption of the ordinance. Motion and second were withdrawn. City Council Meeting Minutes October 6, 1992 page nine Aqenda Item #7-B, Continued Councilmember Barry Emerson suggested a "sample policy" for nonsmoking in businesses be provided to businesses with their notification of this ordinance and the provisions herein. Motion was made to table Ordinance No. 537, 2nd reading, time certain October 20, 1992, in order for a revised ordinance including the changes noted above, being presented to Council. Motion: Apple Second: Farrier Ayes: Apple, Farrier, O'Brien, Wilhelm, Franks, Emerson, Fickes Nays: None Approved: 7-0 vote (to table) Aqenda ftem #8-A, ZA 92-32, Plat Showinq. Phillip and Elsie Mummert ZA 92-32, Plat Showing for Lots 3 & 4, S. Freeman No. 525 Addition, being 2.012 acres situated in the Samuel Freeman Survey, Abstract No. 525, Tract 5M. Location of the property is 747 Shady Lane at Raintree Drive. Owners: Phillip L. and Elsie A. Mummert. Karen Gandy, Zoning Administrator, noted this item has been tabled twice, to allow the owners time for completion of the drainage study. Twelve notices were sent to property owners within 200' and no responses have been received. Motion was made to approve the Plat Showing for Lots 3 & 4, S. Freeman No. 525 Addition, subject to the Staff Review Summary dated October 1, 1992. Motion: O'Brien Second: Apple Ayes: O'Brien, Apple, Nays: None Approved: 7-0 vote Franks, Farrier, Emerson, Wilhelm, Fickes Agenda Item #8-B~ Development Site Plan for Timarron~ Phase 2A~ Sections 1 & 2. ZA 92-36 ZA 92-36 is a Development Site Plan for Timarron, Phase 2A, Sections 1 & 2. Section 1, being 9.89 acres situated in the Hiram Grandberry Survey, Abstract No. 581, and being in part a replat of Tracts 1R and 2R, Glory Place Addition and Section 2, being 12.35 acres situated in the Hall Medlin Survey, Abstract No. 1038 being all of Tract 2F and in part a replat of Lots 1 & 8 and Lot 33, Block 9, of Timarron Phase One, Section Two. Phase 2A proposed 40 dwelling units. Current Zoning is "R-P.U.D" (Ordinance No. 480-01B). Owner: Timarron Land Corporation, Inc. City Council Meeting Minutes October 6, 1992 page ten Agenda Item #8-B, Continued Karen Gandy, Zoning Administrator, noted the total gross acres for Phase 2A is 22.24 acres. This phase proposed forty (40) residential unites with a gross density of 1.80 du/acre. The Development regulations for Timarron, Phases 1 & 2 will also apply to Phase 2A. Seventeen (17) notices were sent to property owners within 200' and to date, three (3) favorable responses have been received, from Larry Cole, Kenneth Pressley, and Joe Jones. Roger Feenstra, 200 E. Continental Blvd., did not oppose the development, but wanted to address the drainage coming through his property and into the area in question. Susan Evans, President of Timarron, was present to answer questions for Council. Motion was made to approve the Development Site Plan for Timarron, Phase 2A, Sections 1 & 2, subject to the Staff SuWumary Review Letter dated October 1, 1992. Motion: Apple Second: O'Brien Ayes: Apple, O'Brien, Franks, Farrier, Emerson, Wilhelm, Fickes Nays: None Approved: 7-0 vote Agenda Item #8-C~ ZA 92-37~ Pre Plat of Timarron~ Phase 2A~ Sections 1 & 2. ZA 92-37 is a Preliminary Plat of Timarron, Phase 2A, Sections 1 & 2. Section 1, being 9.89 acres situated in the Hiram Grandberry Survey, Abstract No. 581, and being part of a replat of Tracts 1R and 2R, Glory Place Addition and Section 2, being 12.35 acres situated in the Hall Medlin Survey, Abstract No. 1038 being all of Tract 2F and in part a replat of Lots 1 & 8, Block 8, and Lot 33, of Block 9, of Timarron Phase One, Section Two. Phase 2A proposes 40 dwelling units. Owner: Timarron Land Corporation, Inc. Karen Gandy, Zoning Administrator, noted the notices and general information in regard to the Preliminary Plat are repeated from Agenda Item #8-B. Motion was made to approve the Preliminary Plat of Timarron, Phase 2A, Sections 1 & 2, subject to the Summary Review Letter dated October 1, 1992. Motion: Emerson Second: Franks Ayes: Emerson, Franks, Farrier, Wilhelm, Apple, O'Brien, Fickes Nays: None Approved: 7-0 vote City Council Meeting Minutes October 6, 1992 page eleven Aqenda Item #8-D~ ZA 92-38~ Plat Revision of Block 1~ Lots 34 throuqh 46~ Timber Lake Section 1. ZA 92-38 is a Plat Revision of Block 1, Lots 34 through 46 of Timber Lake Section 1, being revised to Lots 34R through 46 R, Timber Lake Section 1. Owner: Southlake Joint Venture. Zoning Administrator, Karen Gandy, noted the property is zoned "R-P.U.D" The purpose of this plat revision is to relocate the common area further south and to construct a community center/pool, children's playground, jogging trail, and golf putting green on the proposed Lot 45R. No notices were required to be sent because Southlake Joint Venture still owns all properties within 200' of the lots affected by the plat revision. Motion was made to approve the Plat Revision subject to the October 1, 1992, Staff Review Summary. Motion: O'Brien Second: Emerson Ayes: O'Brien, Emerson, Apple, Wilhelm, Franks, Farrier, Fickes Nays: None Approved: 7-0 vote Agenda Item #8-E, Ordinance No. 574, 1st reading, Uniform Swimminq Pool CodeI 1991 Edition- Local Amendments Ordinance No. 574, 1st reading, relating to the Uniform Swimming Pool Code, 1991 Edition, including local amendments on fencing. The Director of Public Works, Mike Barnes, noted the latest swimming pool code adopted by the City was the 1988 Code. The 1991 code, as prepared by the Uniform Building Code Officials, did not result in any changes, however, staff is suggesting that one change be added to the code as a local amendment, to allow the wall of a dwelling to serve as part of the fence. Curtis Hawk stated, the Council to consider the fence. Building Official, Lee Roberts, asked wall of a dwelling serve as part of the Councilmember Farrier, he feels the wording needs to be clarified in Chapter 6-B, to be sure the fence that is incorporated around the pool is also the gate that crosses the drive-way. That the gate on the drive-way would be subject to the same requirements. Most electronic gates do not have a latch function, therefore, this issue needs to be checked to be sure there are no loop-holes. Curtis Hawk stated Staff will look into this issue. This code is not retroactive, and the 1988 Code was not made retroactive. The decision at that time, was to not make it retroactive. City Council Meeting Minutes October 6, 1992 page twelve Aqenda Item #8-E, Continued Councilmember O'Brien stated he feels this ordinance is not necessary, that it will serve an another regulator on the citizens, adding, he intents to vote "no" on this ordinance. Dennis McGrath, 2403 North Carroll Avenue, Southlake. Mr. McGrath also expressed concern with Chapter 6, Item B, in reference to the gate on the drive-way being subject to the same requirements. Motion was made to approve Ordinance No. 574, 1st reading, with amendments as suggested. Motion: Wilhelm Second: Farrier Mayor Fickes read the caption of the ordinance. Ayes: .Wilhelm, Farrier, Apple, Franks, Emerson, Fickes Nays: O'Brien Approved: 6-1 vote the Aqenda Item #8-G, Ordinance No. 575~ 1st readinq, Issuance of Tax and Waterworks and Sewer System Revenue C.O's Ordinance No. 575, authorizing the issuance of "City of Southlake, Texas, Tax and Waterworks and Sewer System Surplus Revenu~ Certificates of Obligation, Series 1992A", dated October 1, 1992. were discussed. Director of Finance, LouAnn Heath, noted the City will be issuing $1.3 Million in Certificate of Obligation for water and sewer line improvements according to the recommendation made in the 1992-93 Budget. Motion was made to approve Ordinance No. 575, 1st reading, presented. Motion: Apple Second: Wilhelm Mayor Fickes read the caption of Ordinance No. 575. Ayes: Apple, Wilhelm, O'Brien, Franks, Fickes, Emerson, Fickes Nays: None Approved: 7-0 vote as City Council Meeting Minutes October 6, 1992 page thirteen Aqenda Item #8-H~ Ordinance No. 576~ 1st reading~ authorizinq G.O. Bonds Ordinance No. 576, 1st reading, authorizing the issuance of "City of Southlake, Texas, General Obligation Bonds, Series 1992", dated October 1, 1992, was discussed. According to LouAnn Heath, Finance Director, the City's first $1.5 Million increment of the voter authorized $4.5 Million General Obligation Bonds was awarded this evening in Agenda Item #8-F. These bonds will be used for the improvements of streets as designated by the City Council and recommended by the Road Improvements Task Force. Motion was made to appro=e Ordinance No. 576, 1st reading, as presented. Motion: Franks Second: Farrier Mayor Fickes read the caption of Ordinance No. 576. Ayes: Franks, Farrier, Emerson, Wilhelm, Apple, O'Brien, Fickes Nays: None Approved: 7-0 vote Agenda Item #9~ Resolution No. 92-47~ "Paying Agent/Reqistrar Resolution No. 92-47, approving and authorizing the execution of "Paying Agent/Registrar Agreements' in relation to the "City of Southlake, Texas, General Obligation Bonds, Series 1992" and the "City of Southlake Texas, Tax and Waterworks and Sewer System Surplus Revenue Certificates of Obligation, Series 1992A" and resolving other matters incident and related thereto, was discussed. LouAnn Heath, Director of Finance, noted the paying agent is designated as Ameritrust, Dallas, Texas. Motion was made to approve Resolution No. Motion: Emerson Second: Apple Ayes: Emerson, Apple, O'Brien, Franks, Nays: None Approved: 7-0 vote 92-47, as presented. Farrier, Wilhelm, Fickes Aqenda Item #9-B~ Resolution No. 92-40t Permit Fees under Wastewater Ordinance No. 567 Resolution No. 92-40, establishing fees for Permits, Inspections, and Industrial'Sampling under the Southlake Wastewater Ordinance No. 567, was discussed. City Council Meeting Minutes October 6, 1992 page fourteen Aqenda Item #9-Bt Continued Director of Public Works, Mike Barnes, noted Resolution No. 92-40 adopting the fees for the recently approved Wastewater Ordinance, when approved, the fees will become effective on the passage of this resolution. The resolution states whenever an individual or corporation requires the issuance of a wastewater permit, the cost of the application and issuance of the permit will be $250. and all other costs will be the actual cost of Trinity River Authority (TRA) fees, plus 10% to cover administrative costs. Motion was made to approve Resolution No. 92-40, as presented. Motion: Franks Second: Farrier Ayes: Franks, Farrier, Emerson, O'Brien, Apple, Wilhelm, Fickes Nays: None Approved: 7-0 vote Aqenda Item #9-C~ Resolution No. 92-48~ Opposing the Construction of Municipal Solid Waste Manaqement Facility Resolution No. 92-48, Opposing the Construction of a Municipal Solid Waste Management Facility, according to City Manager, Curtis Hawk, opposes the construction of facility on Denton Creek. The resolution is to show support for the position of the City o~ Grapevine, but it also recognizes the potential hazards of pollution to Grapevine Lake. Mayor Fickes stated, anytime an adjoining city has a potential problem such as this, it becomes all our problem. Motion was made to approve Resolution No. Motion: Apple Second: O'Brien Ayes: Apple, O'Brien, Wilhelm, Franks, Nays: None Approved: 7-0 vote 92-48 as presented. Farrier, Emerson, Fickes Agenda Item #9-D~ Resolution No. 92-49~ Tax Abatement and Incentive Policy Statement City Manager, Curtis Hawk, stated in regard to Resolution No. 92-49, that this is not to be construed as a policy itself, but only a policy statement. At some time in the future, the policy statement can be expanded into a policy if Council desires. Staff is in the process of preparing a handout for Council that will include samples of abatement policies. City Council Meeting Minutes October 6, 1992 page fifteen Agenda Item #9-D~ Continued Mayor Fickes read the policy statement into the minutes of the meeting: "The City of Southlake is committed to the development of high quality commercial growth. The City will on a case by case basis consider granting incentives to stimulate economic growth. Southlake would be inter- ested in considering tax abatements or other incentives based on the increased value added to a specific site by a specific development proposal that meets the City's goals." Motion wa~ made to approve Resolution No. 92-49, as presented. Motion: Emerson Second: Wilhelm Ayes: Emerson, Wilhelm, Farrier, Franks, O'Brien, Apple, Flckes Nays: None Approved: 7-0 vote Agenda Item #10-A, Fire Bay Expansion~ Change Order #1 Billy Campbell, Director of Public Safety, presented to Council a Change Order on the Fire Bay Expansion Project, explaining that Tom S. Stephens, Inc., approached him in regard to furnishing materials and labor to build a mezzanine deck approximately 20X30 in the building at the time the building is being erected, for a total cost of $3,796. Campbell added, Director Williams drew the required amount of funds from three existing account codes for this purchase. Motion was made to approve Change Order #1 for Fire Bay Expansion in the amount of $3,796. aS discussed. Motion: Farrier Second: Franks Ayes: Farrier, Franks, Emerson, Wilhelm, Apple, O'Brien, Fickes Nays: None Approved: 7-0 vote Agenda Item #1-B~ Executive Session Council returned to executive session at 10:10 p.m. Council returned to open session at 10:50 p.m. Aqenda Item #1-Cd Action Necessary/Executive Session No action was necessary at the result of the return to executive session. City Council Meeting Minutes October 6, 1992 page sixteen Aqenda Item #ll-A~ Discussion: Overniqht Campinq Ordinance City Manager, Curtis Hawk, presented for discussion, a draft of a Overnight Camping Ordinance. He added, we have had a reoccurring problem with overnight camping for several years, however, this ordinance has been put on the back burner. This ordinance is a starting point on how the City can control overnight camping. There are several parcels of property along White Chapel and Bob Jones Road, where people just come along and set up camp. We really need to have an ordinance in place that will help us with Health Safety issues. He asked for direction from Council on this ordinance. Councilmember Emerson stated he feels Council needs to pursue this ordinance by addressing the ordinance from areas where we are trying to stop overnight camping. It was suggested overnight camping be prohibited in certain zoning categories. The City Manager stated if we are to pursue this ordinance, direction is needed from Council before the ordinance goes forward. Councilmember Wilhelm suggested the ordinance be a document, for residential and nonresidential. two-part The Mayor stated he feels we have some problems in some areas and we need to keep working on this ordinance. When we have ~ violation in some areas, we need a provision where the offender can be cited as the violation occurs. Agenda Item #11-B~ Discussion: Wrecker Service Ordinance The Director of Public Safety, Billy Campbell, led the discussion in regard to a draft of a Wrecker Service Ordinance. Campbell stated the ordinance we now have is a 1973 ordinance and some things have changed. He explained the ordinance that we now have, recommending the City discontinue the practice of utilizing tax dollars to subsidize private entities and contract with a single vendor. A single vendor service will provide guaranteed pick up of vehicles, centralized storage, accurate and timely reporting per vehicle. It will provide a service of which the Department of Public Safety vehicles will be addressed when they become disabled in the area at any time of the day or night. A single vendor contract will guarantee when the citizens' vehicles are towed by an agent acting in the City's behalf that a reasonable and consistent fee is charged. Campbell recommended this contract run for eighteen (18) months as described in the draft ordinance. City Council Meeting Minutes October 6, 1992 page seventeen Aqenda Item ~ll-B~ Continued Council ask the City Attorney to draft an ordinance where a bonding company would hold the City harmless. Council stated they support the concept of a single vendor as presented by Director Campbell. Aqenda Item #11-C~ Other Proposed Ordinance Changes The City Manager presented a list of priority ordinances which has been prepared by the Director's, for review by the City Council. He asked Council to review the priorities that Staff will be working on as time permits. Councilmember O'Brien referenced an indepth study he completed a couple months ago, in regard to things that could be done to help staff. 1) second reading on plats, and 2) do away with the "plat showing". He ask the City Manager to draw up the ordinances to get these things changed as soon as possible. Council agreed these items should be considered as top priority. Greg Last discussed the time it will prepare these two items, adding, they as possible. take his department to will complete them as soon Agenda Item #12~ Adjournment Motion was made to adjourn the meeting at 11:45 p.m. ATTEST: City Secretary L Is. i . . . ., 1..11 C j 4 C ‘ \• .• Ca -' .Z11 • .z.>, 1 , . ‘.. -0, - [ , 1 • 5 z - , 0 ; f _ c. t■ • pt : it 0 Cr■ kr..) 11111 I : l k../ . • . 11 IS ..: # Q 1 \ — < — , -., --• %. . • 3 0 r" 4..) C r- p ill cm VI as CU C C. ■) ‘ V) ‘41k, r ,:! !i; -... I . int , 6 . 111 6 x.^ �' "; ' : , ., F L . s ea Ok.,T 1992 l'1 OFFICE OF '" iCITX SECRETARY, 1 Si 13 76 Holland Hill �~"' Southlake, TX 76092 October 4, 1992 .. Dear Mayor Fickes and Members of the City Council: As you study and consider a citywide non - smoking ordinance, I would like to strongly encourage you to include all spectator seating areas of outdoor athletic facilities. This would in include not only school facilities, but also those of our parks and any private facilities that may be built in the PPR future. By allowing people to smoke at athletic events, we are making involuntary smokers of those sitting around them. Not only has this been proven to be health threatening, it can be very offensive, even to the point of discouraging others from attending such events. • The Carroll Independent School District Board of Trustees has been addressed on several occasions by citizens of this community requesting our consideration of a non - smoking policy for school facilities. Since the CISD would technically have no power of enforcement, we have tabled the ire requested consideration in anticipation of action by the City Council. As I understand it, the Council can grant the City of Southlake the necessary power of enforcement. IMO I respectfully request that you include the spectator seating areas of both indoor and outdoor athletic facilities in any R""' non - smoking ordinance the City Council may adopt. am Sincerely, PPP Edie Watkins ilrr President, CISD Board of Trustees Poi err PPR , ter im