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1989-03-07 CITY OF SOUTHLAKE 667 N. Carroll Avenue Regular City Council Meeting March 7, 1989, 7:30 p.m. Present: Mayor, Johnny H. Westerholm; Councilmembers: Betty Springer, Pamela Muller, Sally Hall, Ralph Evans, and Jim Wooll. City Staff Present: City Manager, Curtis E. Hawk; Public Works Director, william D. LeGrand; Fire Chief, R.P. Steele; Police Captain, Malcolm Jackson; City Engineer, Eddie Cheatham; and City Attorney, E. Allen Taylor. Karen Gandy, Zoning Clerk, presented zoning items. Invocation: Ralph Evans Work Session: A work session was held beginning at 6:30 p.m. for the purpose of reviewing the items on the agenda. The meeting was called to order by Mayor Westerholm at 7:30 p.m. Agenda Item #2, Approval of the Minutes The minutes of the February 21, 1989 regular were approved as presented. Motion: Evans Second: wooll Ayes: Evans, Wooll, Muller, Springer, and Hall Nays: None Approved: 5-0 City Council Meeting Agenda Item #3. Mayor's Report Mayor Westerholm announced the March 9th, joint Southlake/Trophy Club Merger Study Committee Meeting which will begin at 7:00 p.m. at the Trophy Club Mud building. Mayor Westerholm also announced the March 13, joint work session of the City Council and P&Z, for the purpose of discussing the new proposed zoning ordinance. Also noted was the Special P & Z Meeting to be held on March 16 at 7:00 p.m., where they will be holding a public hearing on the new proposed zoning ordinance. Councilmember Springer announced that CONET will be held on March 16, at 4:00 p.m. at Southlake City Hall. Vernel Sterns from DFW will be present to discuss alternate routes for the North Tarrant County Freeway. Mayor Westerholm read from a letter received from House Speaker, Gib Lewis indicating he is sponsoring a house resolution honoring Sandra LeGrand because of her being named "Woman of the Year." City Council Minutes for March 7, 1989 Councilmember Wooll announced that he would not be seeking re-election for Place 1. He stated that he has a new assignment at IBM that requires more of his time. He is not totally closing the door and will evaluate it until the close of filing. He feels the election process is best when there are contested races. Councilmember Hall stated she and Curtis Hawk will be meeting with the school board. Among other things, they will be discussing plats which have been submitted, in order to determine the number of schools needed to meet the needs. Agenda Item #4, City Manager's Report City Manager, Curtis Hawk, introduced Malcolm Jackson, employee and Captain in the Southlake Police Department. as a new Agenda Item #5, Proposed Financial Report for SL/TC Merger Study Brad Bradley, Committee was concerning the Chairman for the Southlake/Trophy Club Merger Study present and discussed the proposed financial report Southlake/Trophy Club Merger Study Committee. He stated it is necessary to have a professional financial analysis if the committee is to proceed. It was proposed that Southlake and Trophy Club will each pay fQr 50% of the funding of the analysis. Motion was made to fund 50% of the analysis. Southlake's portion is $5,959 and will be split between General Fund and Water Fund. Motion: Wooll Second: Springer Ayes: wooll, Springer, Muller, Hall, and Evans Nays: None Approved: 5-0 Councilmember Muller stated since the merger study was Trophy Club's idea, why are we splitting the cost? She also asked how was the committee coming. Brad Bradley stated that there will be advantages in the long run and stumbling blocks in the short run. Wooll noted that his motion was with reluctance, but before more funds are approved, the City Council needs some sure words. Bradley added that they have established check points along the way and to date they have not come up with any negatives. Agenda Item 916, Ord 334-48, Chimney Hill Ordinance 9334-48, 2nd reading on the zoning request for a 53.113 acre tract of land out of the James Thornhill Survey, Abstract 1505, was discussed. The current zoning is Agricultural with a -2- City Council Minutes for March 7, 1989 request for the 20.0B zoning district for Chimney Hill Joint Venture. A presentation was given by Karen Gandy, Zoning Clerk, who informed the Council that the request was made by John Cope and Chimney Hill Joint Venture. The request qualifies under the medium density on the land use plan. The new concept plan was presented to staff on March 2, to meet the request of property owners and the City Council alike. Public Hearing: John Levitt - Engineer for the project. He stated there was a reduction of lots from 82 to 81. Billy Jon Curb 1640 W. Continental Blvd. When asked to comment, he stated that he is not happy with the project, but he cannot oppose it satisfactorily. He wants to see the zoning plan take effect. He wants to see step down zoning. He thanked the City Council for the changes, it is much better. Verney Sallee - 920 S. Peytonville Ave. He expressed a real appreciation to the developer and the City Council for moving the road. As a citizen, he has some concern about the way this was accomplished on a case by case basis. Councilmember Springer feels the developer did work on a compromise. She feels 80% to 85% is a good compromise. Public hearing was closed. Mayor Westerholm read the caption of Ordinance #334-48. Motion was made to approve presented. Motion: Springer Second: Muller Ayes: Springer, Muller, Hall, Nays: None Approved: 5-0 Ordinance #334-48, 2nd reading, as Evans, and wooll Agenda Item #7, Preliminary Plat, Chimney Hill The preliminary plat of Chimney Hill was presentation was made by Karen Gandy. reviewed as the The developer noted that overall the lots have been reduced from 87 to 81. The development has been divided into two phases. Phase 1 is the southern portion and Phase 2 is the northern portion. Councilmember wooll stated that he is delighted with the changes and commends the developer. Billy Jon Curb - 1640 W. related to the drainage. Continental Blvd. Stated he has a concern He wants to be sure the drainage study --3-- City Council Minutes for March 7, 1989 considers his property. He wants some water on his property but does not want to be flooded. Eddie Cheatham, City Engineer, stated he has not seen the final drainage study at this time. City Attorney, Allen Taylor, commented on the purpose of a preliminary plat. This is not any thing .that either the developer or any other individual can count on as an absolute vested right. It gives the developer direction, in a policy sense, from the City Council that you are willing to live with the general concept that they have outlined. Motion was made and approval given to the preliminary plat with the street name Shadywood being deleted and a new name being added. Motion: Wooll Second: Muller Ayes: Wooll, Muller, Springer, Hall, and Evans Nays: None Approved: 5-0 Agenda Item #9, Ord 334-51, Zoning Southwind, Single Family Ordinance 334-51, 1st reading (ZA89-02) a zoning request for a 245.402 acre tract of land out of the A.A. Freeman Survey, Abstract 533, the T.M. Hood Survey Abstract 706, and the LGB Hall Survey, Abstract 686, was discussed for SF20.0C zoning. Karen Gandy made a presentation and stated that there are 379, 20,000 sq. ft. residential lots. Bruce Smith, President of Arvida Corp., based in Atlanta Georgia, gave a slide presentation. Public Hearing: Lloyd Martinson - 1403 W. Southlake Blvd. He is concerned about the traffic coming out onto FM1709 which would be adding to an already busy street. He is not ready for small lots in Southlake, however, he knows it's coming. Virginia Clow - 820 N. Shady Oaks Drive. They have no objections to 1/2 acre lots, they are only against 1,500 sq.ft, homes. Gary Fickes - 155 S. Kimball Ave. Commended the organization for being tops. The streets, park, etc., will be the finest. Charles Fetchel. They are top notch, and he considers them quality. Billy Jon Curb - Peytonville. Is Peytonville a perimeter street? Bruce Smith, Arvida Corp., commented that they are spending 1/2 million dollars on a 4 lane road upgrade and 400,000 thousand on -4- City Council Minutes for March 7, 1989 landscaping for that road. He would hope that this would be enough. They do not have anything in their plans to upgrade Peytonville. Mayor Westerholm read the caption of Ordinance 9334-51. Motion was made to approve Ordinance Motion: Springer Second: Muller Ayes: Springer, Muller, Hall, Evans, Nays: None Approved: 5-0 #334-51. and Wooll Agenda Item #8, Ord 334-50, Zoning, Southwind, Retail Ordinance #334-50, a request for zoning a 20.84 acre tract of land out of the A.A. Freeman Survey Abstract 522 from SF-1 and Agricultural to Retail-2 Zoning District, was discussed. Karen Gandy made a presentation. Public Hearing: Lloyd Martinson - 1403 W. $outhlake Blvd. The commercial really concerns him, and he is opposed. Virginia Clow 820 N. Shady Oaks Dr, The plan shows mixed use on all 4 corners, this should improve the value on Mr. Martinson's property. She is in favor of the request. Public hearing was closed. Councilmember Muller asked Joe Wright about his comments in the P & Z minutes. Wright explained that this item did not require a PUD due to square footage. City Attorney, Allen Taylor, stated terms of our ordinance do not require a PUD. Mayor Westerholm read the caption of Ordinance #334-50. Motion was made to approve Ordinance Motion: Muller Second: Hall Ayes: Muller, Hall, Springer, Evans, Nays: None Approved: 5-0 ~334-50, 1st reading. and Wooll A 10 minute recess was held at this time. City Council reconvened at 9:45 p.m. -5- City Council Minutes for March 7, 1989 Agenda Item #10, Res 89-18, Polling Place for General Election Mayor Westerholm reviewed Resolution #89-18, #89-11, with regards to changing polling place City Hall to Carroll Middle School cafeteria. amending Resolution on election day from Gary Fickes, past election judge, stated that it would be great to have a joint polling place if the place were city hall. He named numerous reasons that having the election at city hall was desirable. Including: telephone communication, access to copy machine, security, access to City Secretary records, not enough time to plan properly, to name a few. Aloha Payne, new alternate election judge, stated she is new at being alternate judge and would like to have a more secure feeling the first time. Joe Wright stated he feels it is fine to move the location but if we have not had problems at city hall, why change. He feels elections should never be in the same building for city and schools; keep them separate. It will cause a lot of confusion, plus one could have influence over the other. Doris Downard feels we should leave it like it is right now. Councilmember Springer stated with the boundaries so different she wondered if this may cause over crowding at the middle school. In the past three years, not more than 5 people have ever said to her that they wanted to change the location. Mayor Westerholm stated he has voted many times in Plano with the school and city together. He feels we should try and get as many voters out as possible, making it as convenient for the voters as possible. Councilmember Hall stated she has asked for information on the logistics of changing the polling place. She thinks there are some merits, but there are some problems and concerns to the judges and people working in the polls. She feels there is not enough time to adequately work those concerns out. She is not comfortable with leaping into this for this election year. She also does not wish to make this uncomfortable to the people who are responsible for conducting the election for this year. We should try to better prepare ourselves for a possible change next year. Councilmember Muller thanked Mrs. Hall for her work on this thus far. She too feels we do not have all the answers for this year. We should try and be prepared for a possible change next year. Councilmember Wooll stated he is still for moving the polls. He still believes that convenience to the voters is still more important than convenience to the staff conducting the election. Mayor Westerholm feels since we have 60 days before the election, we have time to work out the problems. -6- City Council Minutes for March 7, 1989 Councilmember Evans feels that the problems addressed unsurmountable and can be worked out for a change. Motion was made to deny Resolution #89-18. Motion: Muller Second: Hall Ayes: Muller, Hall, and Springer Nays: Wooll and Evans Approved (to deny): 3-2 are not Agenda Item 911, Res 89-19, Lease/Purchase Backhoe Resolution 989-19, lease/purchase of a backhoe/loader was discussed. Public Works Director, William LeGrand, informed the City Council of the bidding process used and the reason for the lease/purchase rather than an outright purchase agreement, as well as the trade in conditions requested. A copy of the bidding process and results are a part of the record. Lance Clayton from Case Equipment spoke in regards to the lease/purchase agreement. Motion was made to approve Resolution 989-19 authorizing Manager, Curtis Hawk, to enter into the agreement. Motion: wooll Second: Springer Ayes: wooll, Springer, Hall, Muller, and Evans Nays: None Approved: 5-0 the City Agenda Item 912, Res 89-20, Purchase of Police Cars Resolution ~89-20, authorizing the City Manager, Curtis Hawk, to enter into a governmental contract with the City of North Richland Hills for the purchase of police cars, was discussed. Mr. Hawk explained how we came to "piggyback" with Hills for the purchase of the cars at a cost of $27,000, a saving from the $31,500 original cost. North Richland approximately Motion was made to approve Resolution #89-20. Motion: Wooll Second: Springer Ayes: wooll, Springer, Hall, Muller, and Evans Nays: None Approved: 5-0 -7- City Council Minutes for March 7, 1989 Agenda Item #13, Public Forum The public forum resulted with no comments. Agenda Item ~14, Executive Session Pursuant to the Open Meetings Law, Article 6252-17, Section 2E, under the provision dealing with Litigations and Personnel. (Refer to the posted list of Personnel and Litigations, which is also a part of the Agenda.) City Council convened in executive session at 10:45 p.m. to discuss any pending or contemplated litigations and to discuss any personnel matters, including Boards and Commissions. Council reconvened in open session at 12:30 a.m. Agenda Item #15, Any Action Necessary re: Litigations Mayor Westerholm announced that no action will be taken of any pending or contemplated litigation. as a result Agenda Item #16, Any Action Necessary re: Boards/Commissions Mayor Westerholm announced that as a result of discussions concerning Boards and Commissions, he is open for any motion concerning appointments. Motion was made to appoint Ed Norman to the Planning Commission to fill the unexpired term of Gary Fickes. Motion: wooll Second: Springer Ayes: wooll, Springer, and Evans Nays: Hall and Muller Approved: 3-2 and Zoning Motion was made to appoint Marvin Cook to the Southlake/Trophy Club Merger Study Committee. Motion: Springer Second: Wooll Ayes: Springer, Wooll, Hall, Muller, and Evans Nays: None Approved: 5-0 Motion was made to appoint Edwin Shiller Club Merger Study Committee. Motion: Springer Second: Wooll Ayes: Springer, Wooll, Hall, and Evans Nays: Muller Approved: 4-1 -8- to the Southlake/Trophy City Council Minutes for March 7, 1989 Agenda Item %17, Adjournment The meeting was adjourned at 12:40~ JoY ATTEST: =sterho-lm~, Ma-y~--'-- ~ -9- City of Southlake. Texas M E M O R A N D U M March 3, 1989 TO: Curtis E. Hawk, City Manager • FROM: William D. LeGrand, Director of Public Works SUBJECT: Bids Rubber Tire Loader /Backhoe The "Notice to Bidders" was placed in the newspaper and appeared on February 19th and 26th, 1989; stating bids would be opened on March 2, at 2:00 P. M. • Specifications were mailed to twelve vendors and four vendors picked up specifications at City Hall. Six Vendors submitted sealed bids to the City Secretary before 2:00 P.M. March 2, 1989. At 2:00 P. M. Sandra L. LeGrand and myself proceeded with opening the Bids in Public. The procedure was tape recorded and bid tabulations were made. There were three City Employees and no vendors pre- sent during the process. The bids were opened one at a time and read aloud stating the Name of the Vendor, the conditions of their including the total price. Of the six bids received, four of the vendors submitted a "No Bid" two submitted quotes. 1. American Lift Truck Co. proposed a Model 50H Massy Ferguson Rubber Tired Loader /Backhoe taking no exceptions to the specifications. They did not offer a Five Year Warrant or a trade in allowance as per the specification for a total price of $32,704.00 2. Case Equipment proposed a Model 580K Rubber Tired Loader /Backhoe meeting all the requirements of the specifications with a total cost after Trade -in of $21,603.00. This was proposed on a 3 year lease purchase and the first payment will not became due until March of 1990. There was one vendor that came in at 3:00 P. M. on March 2 and submitted a "No Bid" to our request and requested to remain on the bid list for future equipment needs the city may have. After reviewing the proposals as submitted, the only one that meets our specifications is Case Equipment Company., J I;, WDL /jb City of Southlake, Texas M E M O R A N D U M TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS FROM: Sandra L. LeGrand, City Secretary SUBJECT: Absence from City Council Meeting 3 -21 -89 Please excuse both Council Member Betty Springer and Council Member Sally Hall from the City Council meeting to be held on March 21,1989 as they are both out of the area for spring vacation. Each will return the week of March 27, 1989. % SLL /sl