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1988-01-05MAME OF COUNC I LPERSON · C['fY OF $OUT 'JAKh, TEXAS · MINUTES OF 'rile MEETING, DATE: TIME: PLACE: Regular CITY COUNCIL Janaury 5,1988 7:30 p.m. CITY OF SOUTHLAKE, COUNCIL CHAMBERS 667 NORTH CARROLL AVENUE, SOUTIiLAKE TEXAS. PAGE: 1 INDEX COUNCILPERSONS PRESENT: Mayor, Johnny H. Westerholm, Mayor Pro Tem, Charles Curry. Betty Springer, David McMahan, Jim Wooll and Rick Stacy. CITY STAFF PRESENT: City Manager, Lloyd O. Latta Jr.; Director of Publi( ~orks, Bill LeGrand; Fire Chief, R.P. Steele; Police Chief, Jerry Crowder~ City Accountant, Ren~McCarty; City Engineer, Eddie Cheatham and City Attorney, John F. Boyle Jr. INVOCATION: David McMahan. Curry Springer McMahan Wooll Stacy Mayor Johnny H. Westerholm called the meeting to order. The ~inutes of the December 15, City Council Neeting were approved as amended. Also, Councilperson Curry noted that from the December 1, and the December 15, City Council Meeting Minutes, the motion concerning the approval of Ordinance No. 405, was for Zoning Reclassification to R-2 Zoning District, only, and not to include the request of Mr. Jim Martin for his tempqrary stands, etc. The intent of the motion was for only R-2 zoning reclassification. Motion\was made and approval given to the Minutes of December 15 City Council Meeting. Approved ~-0 vote. MAYORS REPORT Mayor Johnny Westerholm stated their has been some discussion after the last municipal election about using machines for voting count on the next election, which is to be held on May 7,1988. The City Secretary has NAME OF COUNCI LPERSON . (~[TY OF SOUTIILAKE, T. EXAS MINIJTES oF TIlE Regular CITY COUNCIL MEETING. DATE: Janaury 5,1988 1'[ME: 7:30 p.m. ['LACE: CITY OF SOUTHLAKE, COUNCIL C[IA~IBER,q 667 NORTH CARROLL AVENUE, SOUTIILAKE TEXAS. PAGE: 2 INDEX researched this and found it is poss- ible for Southlake to use optic scan equipment in lieu of hand count paper ballots. Council concurred that if possible, the machines should be used. Fire Chief, R.P. Steele invited the Councilpersons and their spouses to an annual Volunteer Fire Departmen' Dinner to be held on Janaury 9, at the middle school cafeteria. Councilperson Wooll stated he would like to see the city staff amend the thoroughfare plan for the city. The plan is to include (1) the alignment of South Kimball, including the renewi al of its curving to the east at the southern end of South Kimball, and, (2) to amend the thoroughfare plan to make Highway 114 the freeway. Up- grading Highway 114 to freeway status. He would like to be able to act on this revision the end of January or the first meeting in February, time frame. Councilperson Stacy informed the city council that their is a new road program called PASS. Primary, Art- erial, Street System. Mr. J.R. Stone Of the State Highway Department referred to it at the last meeting. Stacy would like for Southlake to have a recommendation ready when needed input. Consideration was given to the McKee W~er System Revised Rate Structure. Mr. Bill Boomer, was present, repre- senting Mr. McKee. His office is located at 4420 South Vickory Blvd. Fort Worth. lcKEE WATER SYS NAME OF COUNCI LPERSON Curry Springer McMahan .... oll .(![TY OF SOUTIILAKI"., TEXAS 'MINUTES OF TIIE MEETING. DATE: T [hiP,: P LACE: Regular CITY COUNCIL Janaury 5,1988 7:30 p.m. CITY OF SOUTIILAKE, COUNCIL CIIAMBERS 667 NORTH CARROLL AVENUE, SOUTIILAKE TEXAS. PAGE: 3 Mr. Boomer explained that McKee operates five rural type water sys- tems, one in Southlake. Stating that the last rate increase for McKee was in 1976, he said they compared rates with other cities and are asking for a 215% increase. Councilperson McMahan stated he would not approve the rate increase until Southlake knows whether or not the customers are happy with the system and also the quality of the system. Motion was made to table the item and city staff was asked to look into it further. Time certain, 1st meeting in February. Approved 5-0 vote. INDEX Curry Springer McMahan Wooll S~acy Curry Springer McMahan Wooll Stacy Resolution 88-1 State Highway Depart- RESOLUTIO ment Minute Order No. 86418, was NO. 88-1 discussed. Motion was made to approve Resolution 88-1, which is written after the resolution passed at Trophy Club on January 4,1988. Approved 5-0 vote. Counqilperson Wooll stepped down for the next agenda item as he is an IBM employee. Ed Wa~%s was present, representing IBM. He presented the Developers Agreement, stating it is a standard city agreement. He stated some of th, improvements are under construction at this time. City Manager, Lloyd O. Latta Jr., recommended approval at this time. Motion was made and approval given to the Developers Agreement for IBM. Approved 4-0 vote. IBM DEVEI ERS AGRE] MENT. )~A,~I E OF COUNCI LPERSON Curry '~ringer :acMahan Wooll Stacy · CITY OF SOUTIILAKI.i, '[~EXAS MINUTES OF TIlE Regular NII!ETING. DALE. ganaury 5,1988 T [blE: 7:30 p.m. PLACId: CITY OF SOUTIII.AKE, 667 NORTH CARROLL AVENUE, TEXAS. CITY COUNCIL COUNCIL CItAMBERS SOUTIILAKE PAGE: 4 Ordinance No. 407, 2nd reading, Reclassification on Area 28 for I-1 Zoning District for Dan Matise, Don Botik and Dallas Foam was discussed. PUBLIC HEARING 8oe Bentley- Woodland Heights. Voiced concerns, restating prior comments of opposition to I-1 Zoning for this tract of land. He feels city council must take uniform approach to reclassification. Pam Muller- Woodland Heights. Also opposed as previously stated to I-1 Zoning Reclassification. Dennis Mender- Woodland Heights. Objects to Reclassification to I-1 Zoning District. He stated council has a chance to control the area at this time. Dan Matise- Property Owner In Area 28 He stated at all the public hearings, the property owners in opposition are not within 200'. He added that there are no new circumstances for city council to consider. Don ~otik- Property Owner In Area 28. He stated he requested I-1 Zoning Distr%ct from the 1st letter. He has a buirding permit for a warehouse and he feels he should still be able to build. He wants city council to be consistant and zone him I-1. The new zoning ordinance will not allow him to build a warehouse in R-2 zonin Motion was made to ~prove Ordinance No. 407, 2nd reading. Approved 4-1 vote. INDEX IORDINANCE ~NO. 407 NAME OF COUNCILPERSON Curry Springer McMahan Wooll Stacy Curry Springer McMahan Wooll Stacy I I I CITY OF SOUTII',AKI;, TI?.XAS MINUTES OF TIlE MEET [NG. DATE: TIME: PLACI';: Regular CITY COUNCIL Janaury 5,1988 7:30 p.m. CITY OF Sou'r[ILAKE, COUNCIl, CIIAMBI!RS 667 NORTH CARROLL AVENUE, SOUTItLAKI! TEXAS. PAGE: 5 INDEX Ordinance No. 408, 2nd reading. ORDINANCE Adopting the 1987 National Electric NO. 408 Code with amendments, was discussed. Bill LeGrand asked city council to consider the amendments at this time. There were no comments during the public'hearing, however, Darwin Cheatham, city inspector for the IBM project spoke in favor of the ordinance being adopted with the amendments. After discussion, Bill LeGrand asked that the 1987 National Electric Code be approved without Section 2, at this time. He stated he has not given up on his recommendation for th amendments but will for-go them at this time, rather than have city council oppose the entire Ordinance No. 408. Motion was made to approve Ordinance No. 408, 2nd reading, deleting all of Section 2. Approved 5-0 vote. Ordinance No. 409, Establishing Fees 0RDINANCI for Food Service Permits, was discuss.NO. 409 ed. City Manager, Lloyd Latta explained the fees. After discussion, motion was made to disapprove Ordinance No. 409. Approved 5-0 vote. NAME OF COUNCI LPERSON CITY OF SOUTIILAKE, '['FXAS MINUTES OF THE Regular bIEETI NG. DATE: Janaury 5,1988 TIME: 7:30 p.m. PI,ACI~: CITY OF SOD'F[II,AKE, 667 NORTII CARROLL AVENDE, TEXAS, CITY COUNCIL COUNCIL C[IAMBERS SOUTIILAKE PAGE: 6 INDEX The Denton Creek Regional Wastewater System Contracts were discussed by Wayne Hunter of the Trinity River Authority (TRA). Mr. Hunter reviewed for the city council, the events that have occurred to date. His purpose here tonight is to addres two issues. (1) in order for this city to receive wastewater service through the regional wastewater system, it will be necessary for the city to enter into an agreement iden- tical to the agreement previously executed by the cities of Fort Worth, Haslett and Roanoke. He has furnishe Southlake with a sample of the system agreement tonight. Mr. Hunter explained that agreement. He stated our cities portion of the total annual flow will be 20% and therefore, Southlake will pay 20% of the system operations. TRA recognizes two responsibilities o'n their part. 1) the existing Denton Creek cities must formally approve of the City of Southlake's admission to Denton Creek System. They are proposing that action on Janaury 7. And, 2) to carry the contFact to their Board of Directors They have proposed February 8 board action. We would have to propose the system contract at our next c~ty council meeting. If all this takes place, we could ha' service by November 19,1989, as the treatment plant is to be operational at this time. Hunter stated this will be the best package for wastewater service for long term for the City of Southlake Hunter will bring a contract back before the city council in two weeks on the first issue. NAHE OF COUNCI LPERSON Curry Springer McMahan Wooll Stacy Curry Springer McMahan Wooll Stacy CITY OF SOUTIILAKIi, TEXAS MINUTES OF TIlE Regular CITY COUNCIL MEETING. DATE: Janaury 5,1988 TIME: 7:30 p.m. PLACH: CITY OF SOUTHLAKE, COUNCIL CIIAbIBI~R.q 667 NORTII CARROLL AVENUE, SOUTIILAKE TEXAS. PAGE: 7 INDEX The second issue involves an interceptor contract. The contract locks the city in on a fixed percentage obligation of the total interceptor capital cost. Cheatham and Associates and TRA have agreed on a fixed cost, which is in the neighborhood of 8.3 million dollars. The plant sizing being considered is 700,000 gallons per day. Cheatham showed a copy of the sewer master plan, along with interceptor line and lift stations. Art Anderson, attorney, representing Hunt Properties, was present and answered questions. Resolution No. g8-2 approving an agreement between the City of South- lake and Tarrant County Health Department concerning food establish- ment surveillance program was discussed. The resolution was tabled, after Lloyd O. Latta Jr. stated they will come up with an acceptable package. Approved 5-0 vote. Ordihance No. 410, 1st reading, requiring permits for alarm systems was discussed. Motion was made to table Ordinance No. 410, as it is to be an ordinance for false alarms only. Approved 4-1 vote. RESOLUTI( NO. 88-2 TABLED ORDINANC NO. 410 TABLED NAblE OF COUNCI LPERSON ' CITY OF SOUTIILAKE., TEXAS MINUTES OF TIlE Regular CITY COUNCIL MEETING. DATE: Janaury 5,1988 TIblE: 7:30 p.m. PLACE: CITY OF SOUTHLAKE, COUNCIL CIIAMBER.q 667 NORTH CARROLL AVENUE, SOUTIILAKE TEXAS. PAGE: 8 INDEX Curry Springer McMahan Wooll Stacy Ordinance No. 411, 1st reading, providing for issuance of temporary limited time permits for the sale of seasonal items, was discussed. Motion was made to table Ordinance No. 411, until further review by the city staff. ~pproved 4-1 vote. The meeting was M~eyc Johnny ' ~' 3RDINANCE NO. 411 TABLED ~sterholm :ayor of Southlake EST: · LeGrand City Secretary AFFIDAVIT OF INTEREST THE STATE OF TEXAS COUNTY OF TARRANT CITY OF SOUTHLAKE • BEFORE ME, the undersigned authority, • and for said State of Texas, on this day personally appeared . _ L...? ) .-L.GC1 . . ,. who after being by me duly sworn, did on oath tat that he has an interest, as described below, in Agenda Item No. _. . - of the -. . _ . - , } . , 1983. , City Council Agenda, as described below, and th he is executing this Affidavit of .Interest and shall refrain from any vote or decision thereon, all as required by Article 988b, Texas Civil Statutes Annotated: �/ Agenda Item: ._ // ...f/ /�(,24 ,.a, _.U J 9/ .. . .. . . .. . - Interest Disclosed: .. _ !-601 • • j . Z_ .. .. .. . . .. .. • Signature of Elected or Appointed City Official of the' City of South- • lake, Texas. GIVE UNDER MY HAND AND SEAL - F OFFICE this the _ .. __ .. _ _ . .. day of U - . NOTARY PUBLIC STATE OF TEXAS MY COMMISSION EXPIRES: 2-4-89 Filed with me, this the .. .. _ _ _vim _ ._.. _day of . 6.64.E - . , 19 jV at , .,, ;0 o'clock p.m. �i(ii .. . .1° 1.. — - - - _ . . . City Secretary, City of Southlake SIGN UP IF YOU WISH TO SPEAK DURING THE CITY COUNCIL MEETING TONIGHT 9/ 2?-(//e4A1,5; /,IX NAME ADDRESS AANDA ITEM C I T1 (Please Print) .EIS j USE E d 14/477 1300 Fi l-s f 4��.b/, /o�„E 0414 le s-/—SLs—/Q 7 l : 4$ kici —Ca I L,cl - ( 3 77 !Ile,- f Or 5,4e/60.0 7??-O O 77 wDY2_)(5- p . V kt js Likots/e-v 7W-'3U�3 •No(Ks 61° / c'*-`-- 5 V - -3,6,r, IS:e-v-A7-fr....."H -,- .,-._e Le i")...... -Adv a b R., V 46 ct 0 • - t--4 --- :tt),0...c.e... 4-4-2_0 iv_ OcAcci.„( -*----2-c') --)G.-3 -6 ta-7 V Ptv o"- ` 'ItuttLc^,--- 2(6{ ttje-,yeahvp-P: /z- Lai L ... c14 _________4IP ill 0-- MWM VARIOUS Canty 1113171E QER Page 1 of 7 Pages • District No. VARIOUS (2) & (18) II ERE S, in DENICN AND TARRANr C:10t7TIES on SATE BIGHW 114, the following three projects are currently included in the 1986 10-Year Project Development Plan; and 1EIEREAS, on State Highway 114 in Denton County from 0.3 mile mast of Henrietta Creek, west of Roanoke, northeasterly and then • • moutheasterly to approximately 1.0 mile east of U. S. Highway 377, a distance of approximately 3.0 miles, a project is included in the 4- Year Lettting Schedule of the 10-Year Project Development Plan; and MEWLS, in Denton Coolty an State Highway 114 from approximately 1.0 mile east of D. S. Highway 377 in Denton County to the Denton/Tarrant County Line, a distance of approximately 2.5 miles, a project is currently approved in the 4-Year Letting Schedule of the 10-Year Project Development Plan; and - SEEMS, in Tarrant County from the Denton/'Tarrant County Line to Loop 382 in Tarrant County, a distance of approximately 5.3 miles, a • . project is currently approved in the 5-Year Development Schedule of the 10-Year Project Development Plan; and MRIEREAS, local officials and developers have requested a project to develop State Highway 114 to a freeway, from approximately 1.0 mile east of D. S. Highway 377 in Denton County to 0.3 mile southeast of Dove Road in Tarrant County, a distance of approximately 4.1 miles; and 1 • • EXHIBIT "A" • _ .. .... . .•..._w-.. .. • •• • • _. .•.. . . CARIOUS County MUTE CFEER Page 2 of _ages District No. VARIO[S (2) & (18) NHERFAS, local officials and developers have requested the section fran the Dentorarrant County Line to 0.3 mile southeast of Dove Road, a distance of approximately 1.6 miles, be moved into the 4- Year Letting Schedule; and IDS, local officials and developers have offered to provide •one hundred percent of the cost of the preliminary engineering for the section of State Highway 114 from approximately 1.0 mile east of U. S. Highway 377 in Denton County to 0.3 mile southeast of Dove Road in Tarrant County, a distance of approximately 4.1 miles; and • iiHEREAS, local officials and developers have offered to provide the environmental clearance, schematics, and right of way maps, on the section fran 0.3 mile east of Henrietta Creek, west of Roanoke, northeasterly and southeasterly to approximately 1.0 mile east of U. S. Highway 377, a distance of approximately 3.0 miles; and SEEREAS, local officials and developers have offered to provide one hundred percent of the cost of the right of way fran approximately 1.0 mile east of U. S. Highway 377 in Denton County to 0.3 mile southeast of Dove Road in Tarrant County, a distance of approximately 4.1 miles; and I+ °AS, local officials and developers have offered to provide ten percent of the cost of right of way fran 0.3 mile east of Henrietta Creek, west of Roanoke, northeasterly and southeasterly to approximately 1.0 mile east of U. S. Highway 377, a distance of approximately 3.0 miles; and AMU "1131.1411. TICAM TJUd VARIOUS County MIME OMER Page 4 of _ Pages District No. VARIOUS (2) & (18) 2. Provide ten percent of the cost of the right of way clear of obstructions and free of cost to the State with acquisition procedures to be in accordance with policies of the State Department of Highways and Public Transportation and with applicable Federal and State laws governing the acquisition policies for acquiring real property from approximately 0.3 mile east of Henrietta Creek, west of Itanoke, northeasterly and southeasterly to approximately 1.0 mile east oft!. S. Highway 377, a distance of • approximately 3.0 miles. 3. Provide the environnental clearance, schematics, right of way maps, field notes, construction plans, landscape and beautification plans, specifications and estimates on State Highway 114 with the right of way width and design subject to the approval of the State Department of Highways and Public Transportation, from approximately 1.0 mile east of Ur. S. Highway 377 in Denton County to 0.3 mile southeast of Dove Road in Tarrant County, a distance of approximately 4.1 miles. 4. Provide for the environmental clearance, schematics and right of way maps with the location, right of way width, and design subject to approval of the State Department of Highways and Public Transportation, on State Highway 114 from 0.3 mile east of Henrietta Creek, west of Roanoke, northeasterly and southeasterly to approximately 1.0 mile east of U. S. Highway 377, a distance of approximately 3.0 miles. • VARIOUS County 1@R= ORDER Page _6 of 7 Pages District No. VARIOUS (2) & (18) 5. Provide for construction on State Highway 114 fram the Denton/Tarrant County Line to 0.3 mile southeast of Dove Road, a distance of approximately 1.6 miles, by adding this section of State Highway 114 to the 4-Year Letting • Schedule. 6. Provide for construction on State Highway 114 from 0.3 mile . ' east of Henrietta Creek, west of Roanoke, northeasterly and southeasterly to approximately 1.0 mile east of U. S. Highway 377, a distance of approximately 3.0 miles as previously authorised by Minute Order 85712 dated April 30, 1987. 7. Provide for construction on State Highway 114 from approximately 1.0 mile east of U. S. Highway 377 to the Dentorktrarrant County Line, a distance of approximately 2.5 miles, as previously authorized by Minute Order 85091 dated November 25, 1986. Upon acceptance of the provisions of this Minute Order by the Cities, Town and Counties, IT IS that State Highway 114 from . Interstate Highway 3511 in Denton County to Loop 382 in Tarrant County, a distance of approximately 12.4 miles, be and is hereby designated a TIROL= ACCESS FACILITY for development, maintenance, and operatics in accordance with the provisions of H. B. 179, 55th Legislature; and . .. •. . ..•—.... . . . . . . . ......S. .-• •r:•• _ ...• ._.;_ ^. _t.;.�.. . •