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1991-02-05 CITY OF SOUTHLAKE 667 N. Carroll Avenue REGULAR CITY COUNCIL MEETING February 5, 1991 7:30 p.m. COUNCILMEMBERS PRESENT: Springer. Members: W. and Sally Hall. Mayor Gary Flckes; Mayor Pro Tem Betty Ralph Evans, Jerry Farrier, Rick Wilhelm, CITY STAFF PRESENT: Curtis E. Hawk, City Manager; Billy Campbell, Director of Public Safety; Michael Barnes, Director of Public Works; Lou Ann Heath, Director of Finance; Karen Gandy, Zoning Administrator; Greg Last, City Planner; Don Wilson, Fire Chief; Wayne K. Olson, 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. where Counctlmembers present reviewed the agenda items for tonight's meeting. The Regular City Council meeting was called to order at 7:30 p.m. by Mayor Gary Fickes. Aqenda Item #2, Approval of Minutes The Minutes of the January 15, approved as corrected. Motion: Farrier Second: Springer Ayes: Farrier, Springer, Evans, Nays: None Approved: 5-0 vote. 1991, City Council meeting were Wilhelm, Hall. The Minutes of the Special City Council meeting of January 1991, held to canvass the election held on January 19, 1991 were approved as presented. Motion: Wilhelm Second: Springer Ayes: Wilhelm, Springer, Evans, Hall Nays: None Abstention: Farrier Approved: 4-0-1 vote. 21, Aqenda Item #3, Mayor's Report Mayor Flckes announced that he attended a meeting of the Tarrant County Mayor's Council and was informed that the County approved 1.7 million dollars for the continuation of the purchase of right-of-way on FM 1709. Judge Vandergriff since taking office, has taken a lead roll in seeing that this project is complete. City Council Minutes February 5, 1991 page two Aqenda Item #3, Continued Also, at the Mayor's Council meeting, a county wide ambulance service was discussed, and we will be hearing more about this in the future. The Mayor stated he prefers that a joint ambulance service involving Southlake would be for this area only, and not a county wide program. Mayor Fickes announced that several days ago, he, Mayor Pro Tem Springer, and Councilmember Sally Hall had a meeting with Planned Cable Company, where they presented Planned Cable with a demand letter expressing the displeasure Council is feeling with the quality of service Southlake is getting from them. He stated that it might be advantageous for Southlake to seek other cable companies in the near future, if service doesn't improve. Fickes announced the General Election which will be held in Southlake on May 4, 1991, adding that the first day a citizen can file to have his name placed on the ballot is February 18, with the last day being March 20. The Office of Mayor, three Council seats, and that of Judge of Municipal Court will be on the ballot. The Mayor referenced a letter Council received from Barry Johnson from Whispering Dell Estates, in regards to drainage problems he is having. The Mayor noted the Regional Drainage Study which is being discussed with the City of Keller, City of Colleyville, and City of Grapevine, and Southlake. An announcement was made that on February 21, Commissioner Bob Hampton, Precinct #3, will be speaking at the Keller Chamber of Commerce monthly luncheon, for those who are interested. Southlake Economic Development Council sent out surveys through out the City in an effort to get citizen desires in regards to retail development. They would appreciate your input so that they can place the information into a data base. They would like the surveys to be returned by February 15. Tarrant County Day will be held in Austin, where representatives from the ten area Chamber of Commerce memberships will be present. The main topic of discussion will be Public Education. April is National Volunteer Month, where outstanding volunteers in each city are recognized on a couple of occasions. Anyone can nominate someone who you feel is deserving of this honor. For a nomination form and other details, contact Sandy LeGrand, City Secretary. The deadline is March 1. Mayor Pro Tem Springer offered her congratulations to Mayor Fickes who was named Citizen of the Year during the Annual Chamber of Commerce Banquet, held on February 2, 1991. City Council Minutes February 5, 1991 page three Aqenda Item #4, City Manaqer's Report Curtis E. Hawk, City Manager, announced that the sewer line in Continental Park Estates is now complete, which is a major accomplishment for Southlake. If it stops raining, within 60 days we can get the roads fixed. Consent Aqenda #5,#6, #7, #8, #9, #10. The consent agenda was discussed, including: Resolution 91-04, Calling the General Election to be held on May 4, 1991. Resolution 91-07, in support of the D.A.R.E. Program for the City 'of Southlake. Resolution 91-08, in support of the Reconstruction Project on State Highway 114. Resolution 91-09, authorizing use of credit cards for payments at city hall. Authorizing advertisement for bids for renovation project at city hall. 10. Authorizing advertisements for bids for a tow-paver for Public Works Department. Motion was made to approve the consent agenda as Motion: Wilhelm Second: Hall Ayes: Wilhelm, Hall, Springer, Evans, Farrier Nays: None Approved: 5-0 vote. listed above. Aqenda Item %11, Public Forum A. Public Forum: Mike Totin, 919 Emerald Blvd. Mr. Totin nominated Dennis Minder for the Volunteer Award. He stated that Mr. Minder is a member of the Southlake Volunteer Fire Department among other things, and is deserving of this award. He stated that he recently joined the Volunteer Fire Department and stated they are in need of volunteers. The City only has three (3) (paid) firefighters on duty per shift and is often in need of help. He feels the city should give a financial "break" to those in Southlake who have been called to serve our Country. B. Public Appearance: Vernie Henderson, Manager, Lone Star Gas Company. City Council Minutes February 5, 1991 page four Aqenda Item #11, Continued Mayor Fickes noted that he has had calls in regards to gas shortages in Southlake during the last weeks, and invited Mr. Henderson to speak to the Council and Audience in regards to this issue. Mr. Henderson used transparencies to show the various gas pressures during the time of the shortages. He read a statement explaining the facts which led up to the shortages. Mayor Fickes asked for a letter from the president of the company, addressing our problems in Southlake, as we need to be assured that there will be adequate gas in the future. Fickes stated that Mr. Henderson and Lone Star Gas Company needs to be aware of how Southlake is growing and our need to have adequate service. Karen Reynwlds, 1860 Hunter§ Creek, addressed her problem with Lone Star Gas Company on the day of the outage. Aqenda Item #12t Contract with BFI Waste System/Recyclinq Proqram The City Manager informed Council that as of this time BFI Waste System has not returned the contract for Council review. The Council has previously agreed to work with BFI for a Recycling Program which is to begin on April 1. Motion was made to continue the consideration of the BFI during the February 19, 1991 City CounciI Meeting. Motion: Hall Second: Springer Ayes: Hall, Springer, Evans, Farrier, Wilhelm Nays: None Approved: 5-0 vote (to table) contract with Aqenda Item #13, Ordinance No. 480-39, 2nd readinq (ZA 90-69) A zoning change for a 3.267 acre tract of land out of the Hiram Granberry Survey, Abstract No. 581, Tract 4C. The property is located east of South White Chapel Blvd., approximately 2,200 feet south of FM 1709. Current zoning is Agricultural, request is for the SF-1A Zoning District. Owners: Wilfred and Veronika Anderson. Zoning Administrator, Karen Gandy made a presentation, stating that ten (10) letters were sent to property owners within 200' and she received one (1) reply. On January 15, the City Council approved the 1st reading by a 5-0 vote. The public hearing resulted with no comments from the audience. City Council Minutes February 5, 1991 page five Aqenda Item #13, Continued Motion was made to approve Ordinance No. Motion: Wilhelm Second: Farrier 480-39, 2nd reading. Mayor Fickes read the caption of Ordinance No. 480-39. Ayes: Wilhelm, Farrier, Evans, Nays: None Approved: 5-0 vote. Springer, Hall Councilmember Rick Wilhelm stepped down for agenda item #14. Aqenda Item #14, Ordinance No. 480-38, 2nd readinq (ZA 90-66). A zoning change request for a 14.0748 acre tract of land out of the Littleberry G. Hall Survey, Abstract No. 686, Tracts lC and lC3. Current zoning is Commercial-2 and the requested zoning is S-P-2 (generalized) Site Plan District. Owners: Trustees, E-Systems, Inc. Pool Trust and the Estate of J.F. Schnitzer, Inetta Schnitzer, Executrix. Applicant: PIMA Properties. Mrs. Gandy, Zoning Administrator, stated that fourteen (14) letters were sent to property owners within 200'. She received a petition on January 15, with 156 names, only four (4) of the property owners were within 200' The protest represents approximately 10% of the property owners. On January 3, the Planning and Zoning Commission approved the S-P-2 Site Plan District; and on January 15, City Council approved the 1st reading of Ordinance No. 480-38, by a 4-0 vote. David McMahan, PIMA Properties, was present to answer questions for the Council. He stated it is their desire to build a 125,000 square feet anchor, in a major grocery store. He added that they have attempted to take out the offensive uses from the zoning district. He understands that they will have to present a detailed site plan prior to building permits being issued. Public Hearinq Keith Letsinger, 804 Pearl Drive. Mr. Letsinger stated that he continues to believe that City Council should vote to deny the request. Now he believes that it must be denied as a matter of law, due to the fact that the site plan which was submitted with the application was not in accordance with the requirements in the ordinance. To support the statement, he referred to Ordinance No. 480, Section 40.1; Section 40.3b; and, Section 32.4c. Section 40 deals with Site Plan, and Section 32 deals with S-P-2 zoning. Mr. Letsinger added that this is the first application for S-P-2, and he feels it is wrong to allow acceptance at this time. City Council Minutes February 5, 1991 page six Aqenda Item #14, Continued Mr. Letsinger stated he feels at this time, the alternatives are for the applicant to either resubmit a completed application or to amend the wording of the ordinance. City Attorney, Wayne K. Olson, stated that it is his understanding that this application and site plan have met the requirements as outlined in the ordinance. The detailed site plan must be presented at the time of application for building permits. Staff also feels that the site plan has met the requirements of the ordinance at this time. Mr. Letsinger commented that the application was made three (3) to four (4) weeks before the a~endment to the ordinance was approved. Also, that a sign is to be placed on the property being considered for zoning change and a sign has not been placed on the property. He feels that a conflict exists and that City Council should vote no on this case. Mayor Fickes feels we must follow the advice of the City Attorney. We can make this center something that will be good for the area. The key to a major center is a major anchor. The City Council will demand that the developer do the project right. Mr. Letsigner stated he does not think that S-P-2 is the right zoning for this area. Randall Boyd, 807 Pearl. Mr. Boyd stated that he has invested time and money and has a legal interpretation of our ordinances. He feels a signal was sent on the bond election. Do the results of the bond election change the view point for improvements on North White Chapel? Mayor Fickes stated he feels the conditions of our roads and the failing of the bond election are crimes. In regards to FM 1709, the city has been told that if the right of way is acquired, within eighteen (18) months, the section from Wall Street to FM 1938 will be completed for widening. Then within six (6)months later, Phase 2 which is FM 1938 through Keller, will begin. The Mayor added that the property in question has been zoned Commercial for twenty-two (22) years. Kathy Letsinger, 804 Pearl Drive. She stated that it is not the fact that the citizens do not want roads, or that the citizens are not willing to pay the taxes, the people did not like the way the bond election was marketed. She stated they received a brochure two days prior to the election. Mayor Fickes agreed that it was a problem getting the word out to the voters. City Council Minutes February 5, 1991 page seven Aqenda Item ~14, Continued Councilmember Sally Hall stated for the record, when this bond timing was presented, she felt as the citizens did, that Council did not have sufficient time to get the information out to the public. She personally was not pleased with the time frame. David Stoner, 813 Pearl. Mr. Stoner stated that after the last meeting, the home owners in Diamond Circle Estates decided that they wanted to pursue the issue further, so they went out and obtained outside council. They wanted to get the best, so they found an attorney who has 22 years experience in Municipal Government in the local area. The results of what Keith Letsinger presented was the opinion of this attorney. Stoner stated that the site plan presented does not address the provisions 'for drainage, fire hydrants, safety, a 50' sign, or fast food establishments. He would like to know if Council would eliminate the pads out front of the center. Mayor Fickes stated that Council has met with the developer and asked him all the same questions as the concerns of the property owners. At this time we are dealing with zoning only, not with the other issues. Public Hearing closed. City Attorney, Wayne Olson stated that he stands by his earlier opinion. If the site plan is submitted under Section 32, Council has the legal right to vote on this issue. Councilme~er Sally Hall asked that City Council consider some of the concerns of the citizens. Councilmember Jerry Farrier stated that he agrees with Councilmember Hall and with the citizens: however, to deny or stall this issue now, would open the door for C-2 and under that zoning district, this would give the developer the right to do more without coming to council. David McMahan wanted to point out once again that this is a zoning issue. As it related to fast food, he does not agree. The plans are not for this kind of use. But to limit the developer would not be in the best interest of the center. Me feels we can over limit the uses in the center very quickly. City Council Minutes February 5, 1991 page eight Aqenda Item #14, continued The City Attorney has concerns that City Council could eliminate fast food restaurants. If City Council does not want a particular use, it needs to decide it today. Fred Dicinti , 1038 Diamond. He stated that fast food stores have a habit of littering up and down the street. He suggested that drive in windows be eliminated to a percentage of the use of the store. Councilmember Farrier noted that he feels taking away "fast food" with the zoning is not the right tool for this action. Motion was made to approve Ordinane NO. 480-38, Motion: F~rrier Second: Evans 2nd reading. Mayor Fickes read the caption of the Ordinance. Ayes: Nays: Approved: Farrier, Evans, Hall 3-1 vote. Springer Councilmember Rick Wilhelm returned to the Council table. Council adjourned for recess at 10:20 p.m. Council returned to open session at 10:40 p.m. Aqenda Item #15, ZA 90-72 Revised Preliminary Plat for Arvida The revised Preliminary Plat of Block 6, SouthRidge Lakes, being described as 20.37 acres of land out of the A.A. Freeman Survey, Abstract No. 522, was presented to Council. The lot is the Commercial-3 site at the Northeast corner of North Peytonville Avenue, and West Southlake Blvd. Owner: Arvida/JMB Partners, L.P.II. Karen Gandy, Zoning Administrator, noted that thirteen (13) letters were sent to property owners within 200', and no responses were received. The Planning and Zoning Commission approved this preliminary plat on January 17 ,1991. Councilmember Rick Wilhelm noted that one of his clients is Las Colinas Land Limited Partnership. One of it's partners in an affiliate of JMB Realty, and one of the owners of Arvida is an affiliate of JMB. He does not represent JMB or the affiliate. He has discussed this issue with the City Attorney, and they agree that acting on this item is not a conflict of interest. City Council Minutes February 5, 1991 page nine Aqenda Item #15, Continued Councilmember Sally Hall stated that years ago, when Arvida came in originally it was discussed extensively that they wanted the road to access the commercial development out on the Arvida subdivision, so that the people wishing to utilize the commercial would not have to come out onto FM 1709 and immediately come back into the commercial development. She stated that it is not fair to anyone for Arvida to change their plan. Sean Randall, Arvida. Mr. Randall stated that whenever they dedicate common area to a homeowners association they always reserve easements in order to come back and do necessary work in the area, such as water line, cable television, or a private access driveway. They have the unanimous support of the property owners in Arvida to not put in a prTvate access road for LaPetite. Mayor Fickes commented that the developer needs to make sure the people who buy in their subdivision are fully informed on the plans for the addition, so that property owners in the future will know the plan before they purchase the property. Mark Duphorn, 112 San Jacinto, SouthRidge Lakes Development. He was instrumental in developing the petition which was signed by property owners from SouthRidge Lakes Development. He speaks for all of them. They are aware of the commercial property and of the traffic which will result from the commercial property and the traffic that will be behind any structure, backing up to the commercial lots. They are concerned for the main reasons as listed: 1) increased traffic using SouthRidge Lakes Parkway as an alternate route from the commercial area. 2) increased traffic due to the new high school. 3) location of the access road, which is across from the community center. The homeowners are concerned for the safety of the neighborhood children who will be using the activity area. Mayor Fickes stated that the main purpose of an access road is to give the residents a safe way to get into the center, as the main concern is entering and exiting onto the Parkway itself. The Mayor noted that the city will not build a road. City Council Minutes February 5, 1991 page ten Aqenda Item #15~ Continued Mayor Fickes commented that the easement is there, and that the developer will have to build the road. Motion was made to approve the preliminary plat, January 29, 1990, engineers letter. Motion: Wilhelm Second: Evans Ayes: Wilhelm, Evans, Springer, Hall, Farrier Nays: None Approved: 5-0 vote subject to the Aqenda Item #16, ZA 90-73, Final Plat of Block 6, Lots 1 & 2, SouthRidqe Lake The Zoning Administrator, Karen Gandy, made the presentation in regards to a 4.31 acre tract of land out of a 20.37 acre tract of land, in the Final plat of Block 6, Lots 1 & 2, SouthRidge Lakes Addition. The Planning and Zoning Commission recommended approval of the final plat on January 17, 1991, subject to the Cheatham review letter dated January 8, 1991. Motion was made to approve the Final Plat of Block 6, Lots 1 & 2, SouthRidge Lakes, subject to the January 29, 1991 review letter. Motion: Wilhelm Second: Springer Ayes: Wilhelm, Springer, Hall, Farrier, Evans Nays: None Approved: §-0 vote Aqenda Item #17, ZA 90-74. Site Plan for La Petite Day Care Center A request for approval of a site plan for LaPetite Day Care Center was presented to Council. This action is necessary prior to the issuance of a building permit according to Karen Gandy, Zoning Administrator. The request is for the proposed Lot 2, Block 6, SouthRidge Lakes, being 0.95 acre tract of land. Mrs. Gandy noted that they propose a 6,600' building which is proposed for 155 students. Nine (9) letters were sent to property owners within 200' and she received one (1) response from C.L. Pinson. Lloyd Martinson, a property owner within 200' expressed concern about the noise in the area. On January 17, 1991, the Planning and Zoning Commission approved the request by a 6-0 vote, subject to staff comments in a letter dating January 8, 1991, omitting #2 in regards to fire lanes. City Council Minutes February 5, 1991 page eleven Aqenda Item #17, Continued John Levitt, Levitt Engineers, 726 Commerce, #104, Southlake. Mr. Levitt noted in regard to the turn around at the end, the fire hydrant is on the southwest corner of the tract and he has no problem with a deceleration lane. The City Manager, Curtis Hawk, expressed that he has a problem with backing up on FM 1709. The reason for the temporary turn around is for use until they have access to the rest of the development. Fire Chief, Don Wilson, commented that they need the access easement, and a cul-de-sac is being recommended as a temporary solution. Motion was made to approve the site plan subject to; #1, compliance 'with the January 29, 1991 letter;#2, that there is a turn around at the end of the street, or some other method acceptable to the Fire Department; #3, deceleration lane into the entrance; #4, this does not imply approval of the sign that is shown on the site plan. Motion: Wilhelm Second: Farrier Ayes: Wilhelm, Farrier, Springer, Evans, Hall Nays: None Approved: 5-0 vote Aqenda Item #18, Ordinance No. 480-C, ls readinq. Amendments to Ordinance No. 480. Motion was made to table Ordinance No. 480-C, time certain February 19, 1991, and to continue the public hearing at that time. Motion: Springer Second: Evans Ayes: Springer, Evans, Hall, Wilhelm, Farrier Nays: None Approved: 5-0 vote (to table) Aqenda Item #19, Southcrest Court median revisions, Phase I SouthView Addition. Mayor Fickes suggested that the developers of the addition and the Post Office meet to discuss this issue of the median on Southcrest Court, bringing their suggestions back to City Council during the Council meeting to be held on February 19, 1991. City Council Minutes February 5, 1991 page twelve Aqenda Item #20~ Discussion: SouthRtdqe Lakes, Realtqnment Proposed Preliminary Plat of A discussion was held in regards to Preliminary Plat of SouthRidge Lakes, proposed thoroughfare. the proposed revisions to the to include realignment of the Sean Randall, Arvida, started off by stating that as a condition of the zoning approval of Arvida, the City required that Arvida build a four (4) lane thoroughfare. This effort was to comply with a city wide thoroughfare plan which depicted SouthRidge Lakes Parkway as extending south across FM 1709 to eventually connect to Continental Blvd. He believes that several factors have changed since Arvida received approval nearly two (2) years ago. First of all, SouthR!dge Lakes Parkway will never extend past Southlake Blvd. It may never have' a traffic signal at the entrance to SouthRidge Lakes Blvd. Their traffic study indicates that there may never be a need for this thoroughfare. He did and does anticipate that improvements will be necessary to the Old Peytonville Avenue. Councilmember Wilhelm stated that he feels we cannot look at this as an isolated situation, it has to be looked at as the entire area, therefore, that included looking at Peytonville Avenue and the need for a 84' four (4) lane divided roadway. Michael Barnes, Director of Public Works noted that he fees a 64' right of way would be adequate, however, a study needs to be done to determine that. At this time, he does not feel a four (4) lane road would be necessary. Councilmember Farrier commented that one of the bigger issues that needs to be resolved is allowing a developer to change the game plan after a plan has been approved. Taking; away a significant design feature that has impact on the total community. He feels there is an integrity issue that needs to be dealt with. Farrier stated that he feels when the City Council said they wanted the road to go south, they did so to carry a certain volume of traffic in good faith that this is what needed to be done. Because the City Council did not allow for the road to go south, they have cut down on the potential traffic, which works to the homeowners benefit. Farrier continued, that Just because City Council curtailed some of the traffic, does that relinquish the developer from his responsibility. Farrier feels this is a serious issue. He cannot look at any of the proposals and feel that they will benefit the citizens more than in Proposal "A". This is the issue to him. Councilmember Wilhelm commented that there is no question that Proposal "A" is the ultimate for Southlake, but the question is, is it realistic. When you tell someone to do something and two (2) City Council Minutes February 5, 1991 page twelve-A years later the plan has changed and City Council changed the plan by not going to the south with the road. Farrier stated he feels that Arvida did a tremendous sales job with the development. He feels the boulevard is an amenity that the developer sold to the community and now they are changing that plan. Sean Randall stated he feels that a mistake was made this four (4) lane road and he does not want to make again by building this four (4) lane road to nowhere. by building the mistake Gene Femiano, 309 SouthRidge Parkway. Mr. Femiano stated that property owners in $outhRidge Lakes Addition would like to see the plan changed as they feel the size of the roadway is not needed. He feels it would be in the best interest of the community to change the plan. Scott Morrison, 210 Donley Court. Mr. his mind there is an integrity issue. that Mr. Randall referenced. Morrison commented that in noted the traffic study Tom O'Mally, 202 SouthRidge Parkway. Mr. O'Mally stated that all prior information has passed in regard to the parkway. We now have a new High School. Ail the things have changed. Fred Joyce, Randol Mill Road. Mr. Joyce stated that he does not have an opinion at this time. He personally would like the road to stay the way it was. He would like to hold the option to state his opinion in the future. He feels the city seems pretty well set on a 60' right of way on Old Peytonville Avenue. Councilmember Hall stated she agrees with Mr. Farrier, she feels that this road should continue as four (4) lanes , she does not necessarily need the access roads. She still needs a four lane road, as she needs that continuity. When Arvida presented this program, they went through the discussion of safety, continuity and integrity. The city asked for stubs going east and west, and Arvida did not want to do this for security reasons. This was another reason that the four lane road was brought up. Mayor Pro Tem Springer stated she agreed with Ms. Hall. Farrier remembers the citizens questioning the safety issues and statements were made that he can't attribute to the developer or Arvida, that Arvida did not have problems with the roadway, but that they would probably use that to delineate levels of quality within the subdivision with higher group housing on one side than on the other and that the roadway would serve as a social divider. Mayor Fickes directed the City Staff to meet with Arvida and work together to come up with ideas for solutions to this problem. City Council Minutes February 5, 1991 page thirteen Aqenda Item #20~ Continued Debbie Farrier, 1336 Glen Cove, Cross Timber Hills. Mrs. Farrier stated she appreciates the people who have moved into SouthRidge Lakes Addition and say that this is their home. When Mr. Randall stated that he has talked with the people on Peytonville, he did talk to Mr. Farrier, but not to any other property owners on Peytonville that she is aware of. She expressed concerns about the trees on Peytonville. She expressed that most of this is because the game plan has changed. Mayor Fickes stated that we will consider this in the future, after discussions with the developers and city staff have taken place. Aqenda Item #21, Developers Aqreement/Monticello Estates The Developers Agreement for Monticello Estates was discussed. Larry Cole, developer, was present to answer questions for Council. Mike Barnes, Director of Public Works, explained that item #6 in the agreement in reference to Payment/Performance Bonds was discussed. The developer is asking not to comply with this requirement as he is not going to be applying for Building Permits prior to completion of the addition. A discussion was held in regard to the pro-rata park fee. With 54 lots @$500 per lot, the total is $27,000. He is asking for a 50% credit. Larry Cole, 4108 Greenway Court, Colleyville. Mr. Cole discussed the conditions involving the statue of Thomas Jefferson to be erected at the entrance in Monticello. A copy of the specifications is attached to the minutes. It was noted that because of the large amount of acreage used as open space, plus the cost of improving that area, Council felt that this is sufficient to allow the maximum amount of credit. Motion was made to approve the Developers Agreement for Monticello subject to 50% credit park dedication; waiver of payment for performance bonds; pro -rata sewer and perimeter road fee. Motion: Wilhelm Second: Springer Ayes: Wilhelm, Springer, Hall, Evans, Farrier Nays: None Approved: 5-0 vote Aqenda Item #22, Contract for Vendor Services/Scoreboard for Park Mike Barnes, Director of Public Works, stated that the Park and Recreation Board recommends the City Council authorize a contractual agreement with Dr. Pepper Corporation for Soft Drink Vendor and Electric Scoreboards for Bicentennial Park. City Council Minutes February 5, 1991 page fourteen Aqenda Item #22, Continued Motion was made to approve the agreement provided City Staff prepare an agreement that will meet the city attorney's approval, as directed by City Council. Motion: Wilhelm Second: Evans Ayes: Wilhelm, Evans, Hall, Springer, Farrier Nays: None Approved: 5-0 vote Aqenda Item #23, Award of Bid for Vehicles for Public Works Mike Barnes presented a bid tabulation and specifications for three (3) 3/4 ton pickup trucks and two (2) extended cab pickup trucks. He noted that the bids were.opened on January 1, at 10:00 a.m. The information' presented is hereby incorporated into the Minutes of the meeting. Motion was made to accept the recommendation Public Works and to reject the bids for the readvertise for two (2) 3.9 six cylinder trucks, bid for three (3) 3/4 ton pickup trucks. Motion: Springer Second: Evans Ayes: Springer, Evans, Hall, Wilhelm, Farrier Nays: None Approved: 5-0 vote of the Director of extendcabs and to accepting the low Aqenda Item #24, Ordinance No. 522~A, 1st readinq. Court of Record Ordinance No. 522-A, amending Ordinance No. 522, Establishing the Court of Record is being considered in 1st reading, setting the term of office for Judge of Court of Record for two (2) years and allowing for setting the compensation for the Judge. Motion was made to approve Ordinance No. Motion: Wilhelm Second: Hall 522-A, 1st reading. Mayor Fickes read the caption of the ordinance. Ayes: Wilhelm, Hall, Springer, Farrier, Nays: None Approved: 5-0 vote Evmns City Council Minutes February 5, 1991 page fifteen Aqenda Item %25t Contract w/Tarrant County for Road Reconstruction Mike Barnes stated that in the 1990-91 budget, two streets are scheduled to be reconstructed by Tarrant County. The streets are Highland from Shady Oaks Drive to Kimball Avenue, and South Kimball Avenue from Southlake Blvd. to Continental Blvd., for a total budget cost of $138,000. A copy of the Barnes memorandum in regard to this item is hereby attached to the minutes. Motion was made to approve the recommendation of the City Staff in regard to reconstruction of Highland and Kimball. Motion: Hall Second: Wilhelm Ayes: Hall, Wilhelm, Springer, Evans, Farrier Nays: None Approved: 5=0 vote Aqenda Item %26, Executive Session Mayor Gary Fickes announced that Council would be going into executive session pursuant to the Open Meetings Act, Article 6252-17 V.T.A.S. Council convened in closed session at 2:07 a.m. Council returned to open session at 3:00 a.m. Aqenda Item %27, Action Necessary/Litiqation No action was taken on this item as the result of the executive session. Aqenda Item %28t Action Necessary/Personnel Matters No action was taken on this item as the result of the executive session. Aqenda Item %29, Action Necessary/Land Acquisition Motion was made to purchase the easement on the Chin J. Chang property. Motion: Wilhelm Second: Farrier Ayes: Wilhelm, Farrier, Hall, Springer, Evans Nays: None Approved: 5-0 vote City Council Minutes February 5, 1991 page sixteen Aqenda Item #30, Resolution 91-05, Appt. to SEDC Motion was made to approve Resolution 91-05, naming Ruth Smith, David Bergman, and Phillip Bressinck to the Southlake Economic Development Council, with Rick Wilhelm being reappointed as Council representative for 1991. Motion: Wilhelm Second: Farrier Ayes: Wilhelm, Farrier, Evans, Hall, Springer Nays: None Approved: 5-0 vote Aqenda Item #31, Resolution 91-06, Appt. to Park Commission Motion was made to approve Resolution 91-06, naming Lynne Haggerty as the new member of the Parks Commission, and reappointing Michael Jurecka to 'another 3 year t~rm. Both terms will expire in January, 1994. Motion: Springer Second: Hall Ayes: Springer, Hall, Farrier, Evans, Wilhelm Nays: None Approved: 5-0 vote Aqenda Item #32~ Amendment Wastewater Service Aqreement to Colleyville/Southlake Interim Motion was made to approve the amended Colleyville/Southlake Interim Wastewater Service Agreement as presented. Motion: Farrier Second: Evans Ayes: Farrier, Evans, Springer, Hall, Wilhelm Nays: None Approved: 5-0 vote Aqenda Item #33, Adjournment. Mayor Fickes adjourned the meeting at 3:05 a.m. AT, ST: S~ndra L. LeGr~n~ City Secretary