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1990-10-02 CITY OF SOUTHLAKE 667 N. Carroll Avenme REGULAR CITY COUNCIL MEETING October 2, 1990 7:30 p.m. COUNCILMEMBERS PRESENT: Mayor, Gary Fickes; Mayor Pro Tem Betty Springer. Members: Jerry Farrier, Ralph Evans, Rick Wilhelm and Sally Hall. COUNCILMEMBERS ABSENT: None CITY STAFF PRESENT: Curtis E. Hawk, City Manager; Michael Barnes, Director of Public Works; Don Wilson, Fire Chief; Captain Malcolm Jackson, Police Department; Eddie Cheatham, City Engineer; E. Allen Taylor Jr., City Attorney; and, Sandra L. LeGrand, City Secretary. INVOCATION: Councilmember Ralph Evans. WORK SESSION: Mayor Fickes called the work session to order at 6:30 p.m., and announced that City Council would be going into Executive Session, pursuant to the Open Meetings Act, Article 6252-17 V.T.A.S., for the purpose of discussing land acquisition. At that time, Council left the building, with the City Secretary, and proceeded to drive around to properties within the City of Southlake, for the purpose of possible land acquisition. Council returned to Open Session at 7:30 p.m. The Regular City Council meeting was called to order at 7:30 p.m. by Mayor Gary Fickes. A~enda Item #2, Approval of the Minutes The Minutes of the Regular City Council 1990, were approved as modified. Motion: Wilhelm Second: Springer Ayes: wilhelm, Springer, Hall, Evans, Nays: None Approved: 5-0 vote meeting of September 18, Farrier A~enda Item #3, Ma~or's Report Mayor Gary Fickes announced that Absentee Voting for the November 6, 1990 General Election will be held from October 17, to November 2, 1990. The locations for absentee voting can be obtained from the City Secretary. Also, the last day to register to vote in the November 6 Election, is October 7, 1990. Mayor Fickes urged everyone to exercise his right to vote. City Council Minutes October 2, 1990 page two Asenda Item #3, Continued The Mayor introduced Don Wilson, Fire Chief, and welcomed him to City Staff and added, Council looks forward to working with Don, as they have heard a lot of good things about him. Mayor Fickes stated that last night, he and the City Manager attended the Tarrant County Mayor's Council meeting, it appears that the access fee situation may be settled with the City of Fort Worth, even though it is not affecting us right now. They are talking about going with 30%, which is the highest rate they can go, not raising the fees more than 5% a year for the next three years, and having the Mayor's Council monitor it. The Mayor feels they are going to settle this matter. Councilmember Rick Wilhelm, president of S.E.D.C. stated, as noted earlier, GTE Telephone is working with the City on a new economic profile. The Economic Profile has been sent to GTE to review and they felt it was too long. They sent a copy of the brochure from College Station our for review. GTE will give us a budget of $3,000 and services from their art shop. Not only is TU Electric helping the City but GTE is also helping us. Councilmember Sally Hall reported that on October 29, 1990, a Joint Work Session will be held between the City and the School Board, here at City Hall. Purpose of the meeting is to discuss items of mutual interest, including roads surrounding the new school, and ingress-egress into the school. Mayor Pro Tem Springer the Southlake "Casino Southlake Library Fund. reported that the preliminary figures from Nite" show that $4,500 will go toward the Mayor Fickes announced that this is the second anniversary for City Manager, Curtis Hawk, with the City of Southlake. Agenda Item 94, City Man~er's Report Curtis Hawk stated he wanted to inform the Council that he visited with Wayne Hunter of Trinity River Authority (TRA) and that the TRA Big Bear Line would be on line by the end of February. He noted that the Corps of Engineers found some charred rock and that will involve some studies. Hunter is aware of the contract obligations that Southlake has with City of Colleyville and they will work around it. February 28, 1991 is the date we are to be on line. City Council Minutes October 2, 1990 page three Agenda Item 95, Consent Agenda Mayor Fickes stated that all items listed in the Consent agenda are considered routine by the City Council and enacted with one motion. There will be no separate discussion of the items unless a Council member or citizen so request. The consent agenda consists of agenda item #5, as follows: o Authorizing the Mayor to enter into an Interlocal Agreement with the City of Grapevine, for sewer service for resident, Albert Puig, and authorizing the Mayor to enter into an Interlocal Agreement with Albert Puig, for residential sewer service 'within the City of Southlake. Motion was made to approve the consent agenda, consisting of Agenda Item ~5. Motion: Farrier Second: Springer Ayes: Farrier, Springer, Evans, Hall, Wilhelm Nays: None Approved: 5-0 vote Agenda Item #6, Public Forum Cotton Thompson, 1363 Brumlow Avenue, Southlake. Mr. Thompson stated that the Police Chief agreed to talk to all property owners on Bruml0w Avenue in regard to noise and dust, and report back to him. Thompson indicated that he did not. Mr. Thompson invited members of City Council to give him 30 minutes of their time to walk the area with him to see the problems first hand. Thompson asked the City Council to protect the citizens. Teddy Kelner, 1215 Oakwood Trail, Southlake. Mrs. Kelner confirmed that Council zoned the Country Walk area, west of Continental Blvd. to a single family subdivision. She is concerned with flooding from this area onto the Continental Park Estates addition. They are very close to flooding and Bear Creek is raising, and she is fearful they will flood. City Engineer, Eddie Cheatham stated that all developers who dump into the creek will have to present a drainage study to FIMA. As the city develops, the run-off will increase. Cheatham remarked that lots can only be raised by one foot in the floodway. City Council Minutes October 2, 1990 page four Agenda Item #6, Continued Councilmember Wilhelm noted that Metroport is working on a Regional Drainage Study. Ms. Kelner remarked that she to know how to plan for the on developments until we are is not against progress, but she needs future. She asked Council to hold off sure this area won't flood. Jim Holstein, 1201 Oakwood Trail, Southlake. Mr. Holstein noted that he also has had damage from Chimney Addition. All the water and silt are going across his yard. Hill Mayor Fickes asked Mike Barnes, Director of Public Works, to get this problem resolved. He personally went down to that area on several occasions, and did not see the water cross the road. A~enda Item #7, Ordinance No. 522, 2nd reading. Court of Record The City Manger, Curtis Hawk, noted that the effective date of this ordinance has been changed until October 15, because of the docket scheduling. The public hearing resulted with no comments from the public. Motion was made to approve the 2nd reading of Ordinance No. 522, Establishing a Court of Record, changing the effective date to October 15, 1990. Motion: Wilhelm Section: Springer Mayor Fickes read the caption of the ordinance. Ayes: Wilhelm, Springer, Nays: None Approved: 5-0 vote Hall, Farrier, Evans A~enda Item #8, Ordinance No. 523, 2nd reading. Police Reserve The City Manager, Curtis Hawk, reviewed the ordinance for Council, adding, that the ordinance has been changed from first reading, in that Section 7, allows that reserve officers be approved by the City Council. City Council Minutes October 2, 1990 page five Agenda Item #8, Continued The public hearing resulted with no comments from the audience. Motion was made to Motion: Wilhelm Second: Evans approve Ordinane No. 523, 2nd reading. Mayor Fickes read the caption of the ordinance. Ayes: Wilhelm, Evans, Springer, Farrier, Nays: None Approved: 5-0 vote Hall The City Manger noted that they will bring the current reserve officers back to City Council as a formality. Agenda Item #9, Ordinance No. 524, 1st reading. TMRS Updated Service Credits The City Manager explained that the Texas Municipal Retirement System (TMRS) package being brought to Council, updating the service credits and increasing current Municipal Contribution to One and one-half to one, was budgeted and will go into effect the 1st of January. Motion was made to approve Ordinance No. Motion: Farrier Second: Hall 524, 1st reading. Mayor Gary Fickes read the caption of the ordinance. Ayes: Farrier, Evans, Springer, Wilhelm, Nays: None Approved: 5-0 vote Hall A~enda Item #10, Developers A~reement for Lonesome Dove Estates Michael Barnes, Director of Public Works, reviewed the proposed Developers Agreement for Lonesome Dove Estates, for Council. Barnes reminded Council that the final plat was approved last year, however, they are just beginning to develop. John Levitt, Levitt Engineers, 726 Commerce Street, Suite 104, Southlake, was present in behalf of Lonesome Dove Joint Venture. Levitt indicated that they agreed to pay $1,500 per lot in impact fees, however, they are asking that the $1,500 be paid at the time the building permits are taken out by the builder. City Council Minutes October 2, 1990 page six Agenda Item #10, Continued Raman Chandler, 1704 Glade Road, Colleyville. Mr. Chandler stated when they purchased the property, they were told a $1,500 fee would be paid at the time of the building permit. They agreed to the $1,500, but by being due at the time of the building permit will allow them to defer the payment. It was established that Phase 1 has been changed to 51 lots. Motion was made to approve the Developers Agreement for Lonesome Dove Estates with an impact fee of $1,000 to be paid at building permit, subject to entering into an acceptable contract with the owner dealing with the payment of the additional $500 sewer access fee, such agreement to be secured by an irrevocable stand by letter of credit, the expiration date of which would be not earlier than one year with the form and content being acceptable by the City of Southlake. Motion: Wilhelm Second: Evans Ayes: Wilhelm, Evans, Hall, Springer, Farrier Nays: None Approved: 5-0 vote Agenda Item #11, Developers Agreement for Re~lat of Cedar Oaks Addition Director of PubliC Works, Michael Barnes, stated that the Developers Agreement for the Replat of Cedar Oaks Addition, consists of six (6) lots, and the developers agree to build some off-site drainage to assist in the down stream flow. They also agreed to pay for park fees. The time that payment of park fees is received was discussed by the City Council. Barnes noted that inspection fees are paid prior to start of construction. It was determined that the park fees will be paid at the time the other fees are due. Motion was made to approve the Developers Agreement Subdivision. Motion: Hall Second: Farrier Ayes: Hall, Farrier, Springer, Wilhelm, Evans Nays: None Approved: 5-0 vote for Cedar Oaks City Council Minutes October 2, 1990 page seven Agenda Item 912, Award Bid for Parkin~ Lot for City hall Councilmember Jerry Farrier stepped down during this agenda item. Michael Barnes indicated that bids were opened on September 27, 1990, for the Parking Improvements for the City Hall Facilities Project. Lemke Construction was the low bidder at $23,147.35. It was determined that the project will take approximately 10-15 working days to complete, which should be the latter part of October. Mr. Barnes recommended that the low bid be accepted from Lemke Construction. Curtis Hawk noted that $30,000 was budgeted for the improvements. The balance of approximately $7,000. can be used for the asphalt and base material that are not part of the bid. The additional work can be added as a change order to the contract. Motion was made to approve the low bid the City Hall parking improvements. Motion: Evans Second: Hall Ayes: Evans, Hall, Springer, Wilhelm Nays: None Approved: 4-0 vote of Lemke Construction for Councilmember Wilhelm noted that Lemke Construction is a local contractor and we are attempting to keep money in the City, also, he is the low bidder. Councilmember Jerry Farrier returned to Council table. A~enda Item #13, Discussion: Discharge of Firearms Curtis Hawk, City Manger, presented several samples of ordinances regulating use of firearms for Council review. A discussion was held and Council members are to study the sample ordinances. This item will appear on the next Council agenda. A~enda Item #14, Executive Session Mayor Fickes announced that at this time, the City Council would go into executive session pursuant to V.T.A.S. Article 6252-17, Section 2(e) 2(f) 2(g). Council went into executive session at 9:30 p.m. Council returned to open session at 10:15 p.m. City Council Minutes October 2, 1990 page eight Agenda Item 915, Action Necessary/Litigation No action was taken on this item as the result of the executive session. Agenda Item #16, Action Necessary/ Personnel Based on the recommendation of the City Manger, appoint Julie Hinkle as Court Clerk. Motion: Wilhelm Second: Evans Ayes: Wilhelm, Evans, Springer, Farrier, Hall Nays: None Approved: 5-0 vote motion was made to Mayor Fickes instructed the City Secretary to prepare letters to Jim Devine and Larry Samartin, members of the Planning and Zoning Commission, in reference to poor attendance, advising of possible removal action being taken by Council. Mayor Fickes announced that the annual performance review will be held in November for the City Manager, City Secretary, City Attorney and Municipal Judge. Council would like this to take place during a Special City Council meeting called for this purpose. Agenda Item #17, Action Necessary/Land Acquisition Motion was made to authorize our legal staff to County Commissioners Right-Of-Way Department to can assist in the condemnation proceedings for FM 1709, and if so, to proceed in such matter. Motion: Springer Second: Farrier Ayes: Springer, Farrier, Evans, Wilhelm, Hall Nays: None Approved: 5-0 vote consult with the ascertain if they right-of-way along Agenda Item #18, Resolution 90-66, Southlake Library No action was taken in regards to Resolution 90-66, establishment of a committee for a Southlake Library, as only two applications for appointment have been received. City Council Minutes October 2, 1990 page nine ~enda Item ~19, Adjournment Motion was made to adjourn the meeting at 10:20 p.m. Motion: Springer Second: Wilhelm Ayes: Springer, Wilhelm, Evans, Farrier, Hall Nays: None Approved: 5-0 vote. ,~% ...... '.. F ~. / / --;'~ ~-~ · ·" ".* ~ ~_ Mayor of Southlake ~ana~a-L. LdG~ City Secretary THE STATE OF TEXAS COUNTY OF i, t .f « , f tjla0rd as a member of the ( rA'uc, make this affidavit and hereby on oath state the following: I, and /or a person or persons related to me, have a substantial interest in a business entity that would be peculiarly affected by a vote or decision of the as those terms are defined in Chapter 171, Texas Local Government Code. The business entity is L ' - Levoc41yyt0' C-6N5 7 c- 70 .� t: S/9-7 Su4 60 h100K ix (name and address) 1 I have a substantial interest in this business entity for the following reasons: (Check all which are applicable) Ownership of 10% or more of the voting stock or shares of the business entity. Ownership of 10% or more or $5,000 or more of the fair market value of the business entity. Funds received from the business entity exceed 10% of gross income for the previous year. Real property is involved and have an equitable or legal ownership with a fair market value of at least $2,500. A relative of mine has a substantial interest in the business entity or property that would be affected by a decision of the public body of which I am a member._. Upon filing of this affidavit with the City Secretary, I affirm that I will abstain from voting on any decision involving this business entity and from any further participation on this matter whatsoever. Signed this j,..)0 day of ( 0 6 ( , 19 10 . S'gnt e of official (f Z/1Yi 6(i ^,,/.L A Title a 4 BEFORE E, the iinders' ned authority, this day personally appeared and on oath stated that the facts h ein ove stated are true to the best of knowled e or belief. Sworn to and subscribed to Aefore me .on this day of 4 N./(q/4.4■0' I 19 16 . .r L. 4 Nt,tor Pus AL&W 4q-dj STATE OF TEXAS N tary Public in and for My Comm. Exp. OZ/04/93 the State of Texas My Commission Expires: 603dra. Ze n(L_J Type/Print Notary's Name 4 4 4 4 4 4 4