HomeMy WebLinkAboutCity Council-Minutes-1/18/1988
CITY COUNC I L
MINUTES
JANUARY 18, 1988
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The regular meeting of the City Council of the City of Colleyville was called to order
by Mayor Buck Hubbard on January 18, 1988, at 7:3i p.m.
Roll Call: Council person Doug Blemings, Chris Hawkins, Suzie Grundy, and Jack Burke
were present. Council person Charles Gore was absent due to being out of
the state on business and unable to get a returning flight due to bad
weather. Mayor Buck Hubbard, City Manager Robert McDaniel, City Attorney
Ross Foster, Fire Chief Darrel II Red" Bailey, Police Chief Don Steele,
Director of Public Works Lloyd Wood, City's Engineering Consultant Gary
Fisher, and City Secretary LaVada Johnson were also present.
Invocation:
Council person Suzie Grundy gave the invocation after which City Attorney Ross Foster
lead the Pledge of Allegiance to the flag.
Approval of Minutes: January 4, 1988
Councilperson Burke moved to approve the minutes of January 4, 1988 as corrected and
amended. Councilperson Hawkins seconded the motion. The vote being:
Ayes: Blemings, Hawkins, Grundy, Burke
Noes: none
Correspondence:
Mayor Hubbard stated that each Council member had received a copy of correspondence
from the Mayor dated January 15, 1988 addressed to the City Manager.
City Manager's Report:
City Manager McDaniel briefly discussed the City Manager's Report dated January 18,
1988 (see attached).
Council person Blemings apologized to the local merchants for the last two sentences
of the statement that he had made at the January 4,1988 Council meeting, which he
indicated were extemporaneous and out of anger and frustration; questioned the overflow
of the elevated water tower on Bransford Road for the second time.
Director of Public Works Wood responded that Trinity River Authority had been contacted
and reported that there was a problem with the telemetry line of the equipment which
has been corrected.
Council person Grundy questi oned whether anythi ng coul d be done about the traffi c in
front of Braum's as there has already been two (2) accidents.
Counci 1 person Burke advi sed that the use of salt on City streets duri ng ice storm2.
although helpful for traction has damaging effects on asphalt; inquired when the the
new alarm system would be operative; requested information if the change in ownership
~the Village Park Shopping Center (Baker Development located on Highway 26) would
change any past agreements that had been made with the City; inqui red if there had
been any response to the City Manager's January 7, 1988 letter from the Hills of Central
Park; questioned if there was a way to determine the overflow of the elevated water
tower on Bransford Road.
CITY COUNC I L
MINUTES
JANUARY 18, 1988
Page 2
City Manager McDaniel stated that Mr. Ron Bollinger, developer for the Hills of Central
Park planned to down size the water meter in question.
Citizens wishing to speak to the Council concerning items not on the agenda:
1. David Washington, President of Washington and Associates, Inc., 500 Grapevine
Hi ghway, Suite 375, Hurst, Texas, 76054, representati ve for the Grubbs Additi on
located on Glade Road requested that the Council consider putting this item be
placed back on the agenda for February 1, 1988.
2. Bud Davis, Davis Custom Homes, Post Office Box 1276, Bedford, Texas 76021, spoke
to the Council concerning Section 23 and Section 24.2, particularly as relates
to PUD zoning the Zoning Ordinance for the City. After discussion with the Council,
this subject will be placed on a future Council agenda after the City Manager has
had the opportunity to gather the necessary information relative to this matter.
3. Paul Battreal, 3005 Hickory Hill, spoke in regard to the lack of City.s barricades
available during the recent ice storm.
4. Steve Symonds, 109 Quail Run, spoke in regard to the efficient use of City's
barri cades.
OLD BUSINESS:
1. 3rd Reading and Public Hearing - Ordinance 0-87-666 - Ordinance amending Chapter
9 of the Colleyville Code by adding Section 12, establishing a drainage policy
Mayor Hubbard opened the Public Hearing and read the preamble to Ordinance 0-87-666
AN ORDINANCE AMENDING CHAPTER 9 OF THE COLLEYVILLE CODE BY ADDING THERETO
A SECTION 12, ESTABLISHING A DRAINAGE POLICY FOR THE CITY OF COLLEYVI LLE;
PROVIDING A PENALTY AND AUTHORIZING PUBLICATION.
There being no one present wishing to speak the Public Hearing was closed. Councilperson
Burke recommended that the Ordi nance be amended to refl ect the changes suggested by
City's Engineering Consultant, Knowlton-English-Flowers, Inc., as described in their
January 12, 1988 (re: 9-213, City of Colleyville, Drainage Policy & Criteria
Consultati on, Proposed Ordi nance 0-87-666). Those being as follows: Section I LA. 5
second line after "Manuals" add "or this Policy" and Section ILA.8.a. fourth line
"Page 11-5" should read "Page 11-7"; and add to ILA.9(last sentence of second paragraph
wording furnished by City Attorney Foster) "Said downstream drainage improvements shall
be subject to waiver pursuant to the provisions of ILA.5 hereof. Further, in 1 ieu
of the aforesaid downstream drainage improvements, said publ ic water may be detained
in an approved detention facility in such a manner as to not alter the natural drainage
characteristics of the property."
Council person Burke moved to approve Ordinance 0-87-666 as amended. Councilperson
Blemings seconded the motion. The vote being:
Ayes: Blemings, Hawkins, Grundy, Burke
Noes: none
2. 3rd Reading and Publ ic Hearing - Ordinance 0-87-667 - Ordinance amending Part
I of Section 6 of Chapter 9 of the Colleyville Code regulating perimeter street
requirements for single lot subdivisions
CITY COUNi:I L
MINUTES
JANUARY 18, 1988
Page 3
Mayor Hubbard opened the Public Hearing and read the preamble to Ordinance 0-87-667
AN ORDINANCE AMENDING PART I OF THE SECTION 6 OF CHAPTER 9 OF THE COLLEYVILLE
CODE BY PROVIDING THAT SINGLE LOT RESIDENTIAL SUBDIVISIONS SHALL BE REQUIRED
ONLY TO PAY FOR THE COST OF CURBS, GUTTERS AND DRIVEWAYS APRONS ABUTTING
SAID SUBDIVISION.
Those present wishing to speak were as follows: Doug Long, 401 Woodbriar Court, as
a citizen wanted a point of clarification whether the person putting up an escrowed
amount would be charged an assessment when the street was paved. There being no one
else present wishing to speak the Public Hearing was closed. Councilperson Burke amended
the fourth sentence on the second page to read .. No bui lding pennit or certificate
of occupancy shall be issued on said one lot if for purposes other than residential
unless an amount sufficient to pay 1/2 of the cost of all street and adjacent
improvements when added to the amount previously paid hereunder is escrowed with the
Ci ty. ..
Councilperson Burke moved to approved amended Ordinance 0-87-667. Councilperson Blemings
seconded the motion. The vote being:
Ayes: Blemings, Hawkins, Grundy, Burke
Noes: none
3. 3rd Reading and Public Hearing - Ordinance 0-87-668 - Ordinance amending Chapter
7 of the Colleyville Code by adding Section 16 - requiring engineers, surveyors,
architects, and other professionals to have liability insurance.
Mayor Hubbard opened the Public Hearing and read the preamble to Ordinance 0-87-668
AN ORDINANCE AMENDING CHAPTER 7 OF THE COLLEYVILLE CODE BY ADDING THERETO
SECTION 16 REQUIRING ENGINEERS, SURVEYORS, ARCHITECTS AND OTHER PROFESSIONALS
TO HAVE LIABILITY INSURANCE, ESTABLISHING MINIMUM LIABILITY INSURANCE AMOUNTS
AND PROVIDING FOR THE INCREASE OF MINIMUM LIABILITY INSURANCE AMOUNTS.
Those present wishing to speak were as follows: Owen D. Long, Owen D. Long and
Associates, Inc., 1615 Precinct Line Road, Hurst, Texas 76054, as professional engineer,
stated that if this ordinance was approved he would not be able to work in the City
in which he lives. John Groce, 604 Colts Necks Court, inquired which professions this
ordinance applied. There being no one else present wishing to speak the Public Hearing
was closed.
After several suggested wording changes by Councilperson Burke discussion by the Council,
Councilperson Grundy moved to table this item until the next meeting of February 1,
1988. Councilperson Burke seconded the motion:--The vote being:
Ayes: Blemings, Grundy, Burke
Noes: Hawkins
The City Attorney was instructed to rewrite the ordinance for $250,000 mlnlmUm account
for each event and for only those conducting service for the public improvements for
the City.
4. 3rd Reading and Public Hearing - Ordinance 0-87-669 - Ordinance amending Chapter
3 of the Colleyville Code in regard to Flood Hazard Area Regulations
Mayor Hubbard opened the Public Hearing and read the preamble to Ordinance 0-87-669
CITY COUNC I L
MINUTES
JANUARY 18, 1988
Page 4
AN ORDINANCE AMENDING SECTION 9N(9) AND SECTION 9Q(2)c(i) OF CHAPTER 11 OF
THE COLLEYVILLE CODE AND BY DELETING SECTION 9Q(2)c(iii) AND SECTION 9Q(5)
OF CHAPTER 11 OF THE COLLEYVILLE CODE BY MODIFYING THE REGULATIONS PERTAINING
TO THE CONTROL AND CONSTRUCTION WITHIN THE FLOOD HAZARD AREAS OF THE CITY.
There being no one present wishing to speak the Public Hearing was closed.
Council person Hawkins moved to approve Ordinance 0-87-669. Councilperson Blemings
seconded the motion. The vote being:
Ayes: Blemings, Hawkins, Grundy, Burke
Noes: none
5. 2nd Reading and Public Hearing - Ordinance 0-87-664 - Ordinance amending Section
9 of Chapter 9 of Colleyville Code by providing that the developer of
subdivision pay actual costs plus 10% for street signs
Mayor Hubbard opened the Public Hearing and read the preamble to Ordinance 0-87-664.
There being no one present wishing to speak the Public Hearing was closed.
6. Brief discussion on the proposed North Tarrant County Freeway funding
Councilperson Hawkins
Council person Hawkins reported that as the City's representative to the North Tarrant
County Freeway he had been requested by the City of Fort Worth to ask the Council if
they would reconsider the idea to contribute any money to help pay for the study being
conducted. Councilperson Hawkins stated whether the City contributed or not, Colleyville
still would be informed of the activities of the comrrittee. Charles Walton, 6320
Westcoat, stated that the City shoul d contri bute to the study to have a word in what
would happen. Doug Long, 401 Woodbriar Court, a member and past chairman of CONET
gave background information on this subject.
7. Consideration and discussion of draft ordinance of sexually orientated
businesses within the City Limits of Colleyville
Council person Bl emi ngs requested that the Council have the opportunity to revi ew the
recently passed ordinance on this subject from the City of Southlake.
NEW BUSINESS:
1. Discussion and Consideration of bids for repalrlng Interceptor Big Bear Creek
of the 1983-84 Wastewater Collection System Improvements
City Manager McDaniel reported that the low bid was submitted by Wright Construction
Company in the amount of $23,930 and that no award could be made until the State approved
the bid. Council person Grundy inquired if this would be a conflict of interest by
Joe Wri ght as a porti on of the sewer 1 i ne goes thru hi s property. The City Attorney
stated that it woul d not be a confl i ct. The Council requested that the City Attorney
give an opinion addressing the State law in regard to new trench safety system before
this bid was awarded.
2. Discussion and Consideration of Developer Agreement Woodland Hills, 9th Filing
Cary Hy, Vice President, Productions, Southcreek, Inc., Larry Cole Companies, 807 Forest
CITY COUNCI L
MINUTES
JANUARY 18, 1988
Page 5
Ridge, Suite 104, Bedford, Texas 76022, spoke to the Council stating that there were
several items that were confusing and needs to be clarified. City Manager McDaniel
recommended a work session on this item. The Council agreed.
3. Discussion and Consideration of a Resolution Approving the City's Participation
in the Southwestern Bell Franchise Steering Committee - Resolution R-88-348
Mayor Hubbard opened the Public Hearing and read Resolution R-88-348 in its entirety.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS, APPROVING
PARTICIPATION IN THE SOUTHWESTERN BELL FRANCHISE STEERING COMMITTEE; AND
DECLARING AN EFFECTIVE DATE.
There being no one present wishing to speak the Public Hearing was closed.
Councilperson Hawkins moved to approve Resolution R-88-348 and give $50 toward the
study. Councilperson Grundy seconded the motion. The vote being:
Ayes: Blemings, Hawkins, Grundy, Burke
Noes: none
4. Discussion and Consideration of L.D. Lockett Sewer Line Extension Councilperson
Burke
Mayor Hubbard asked if this item concerned his home at 413 West L.D. Lockett Road and
Councilperson Burke stated that it did. Mayor Hubbard declared a possible conflict
of interest and stepped down as Mayor. The Council requested and Mayor Hubbard agreed
to remain in the Council Chambers. Council selected Hawkins to Chair the meeting in
absence of Mayor Hubbard and Mayor Pro Tem Gore. Councilperson Burke read the attached
statement. City Attorney Foster responded to the questi ons of Counci 1 person Burke
in regard to his memo of January 11, 1988.
Councilperson Burke moved that the City Manager is directed to collect, analysis and
prepare a detailed report on all information available, also including transactions
and history of currently owned City property at 315 L.D. Lockett, for the L.D. Lockett
Sewer Extension Sumer 1987. This report to be presented in written form and a visual
presentation at the next regular Council meeting of February 1, 1988. In addition,
it is suggested that each Councilmember in writing present to the City Manager any
specific questions that they want answered or addressed. Councilperson Grundy seconded
the motion. The vote being:
Ayes: Blemings, Hawkins, Grundy, Burke
Noes: none
Chairman Hawkins returned the Chair to Mayor Hubbard.
5. Discussion and Consideration of Use of Police Computer - Councilperson Grundy
Council person Grundy expressed concern that the Police Computer and City employees
had been used to obtain driver's licenses records by Mayor Hubbard for private purposes.
City Attorney Foster was asked to give an opinion if the Police computer could be used -
CITY COUNC I L
MINUTES
JANUARY 18, 1988
Page 6
by any individual outside of the Police Department. City Attorney Foster stated that
running of driver1s license checks is not prohibited by any law and there are several
sources that this information is available to anyone who wants to pay a fee. However,
there can be a problem if the information is obtained, for example, by a Public Official
using public personnel for a private purpose. Mayor Hubbard replied that after the
City Manager requested that this practice stop, he had stopped obtaining the information
from the Police computer.
6. Discussion and Consideration of Amending loning Ordinance to provide for
Additional/Revised Temporary Uses
City Manager McDani e 1 di scussed the present ordi nance requi rements for temporary uses
and expressed the need for a revision of this portion of the ordinance. The Council
agreed with the concept of the revision and this would be discussed at the planned
work session with Randy Hankamer, AICP, CLRINC, 1903 San Gabriel Street, Austin, Texas
78705, on February 23, 1988.
7. Discussion and Consideration of Proposed Budget Amendments to Fiscal Year
87/88 Annual Budget
8. Budget Report
These two items were deferred until the next agenda due to the lateness of the hour.
9. EXECUTIVE SESSION: In accordance with Article 6252-17 Sec 2 e - Discussion
of litigation
Mayor Hubbard explained that the executive session had been called in accordance with
Article 6252-17 Sec 2 paragraph e - litigation and personnel and that there would no
decisions or action taken during this time. The meeting was recessed at 11:47 p.m.
The meeting was reconvened at 12:12 a.m.
Councilperson Blemings moved to adjourn the meeting at 12:13 a.m. Councilperson Hawkins
seconded the motion. The vote being:
Ayes:
Noes:
Blemings, Hawkins, Grundy, Burke
none
1 vj
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Approved on:
--
CITY MANAGER's REPORT
JANUARY 18, 1988
1) Ice Storm
The recent hazardous weather conditions resulted in City street crews applying
40 cubic yards of sand mixed with 1700 lbs. of salt. The attached indicated the
areas sanded. Note that City crews were successful in sanding the hill on Frontier
Court (per the Director of Publ ic Work's instruction) was not done in the past.
We received 1 complaint that such eliminated the kids play area and another thanking
the City. We pl an the sand thi s in the future to reduce hazard exposure to the
public. We understand a child broke his arm in the past sliding down this hill.
Lloyd Wood's Kansas experience proved helpful as City crew's were directed to
mix the salt with the sand and apply as the storm occurred. Even though ice formed
on top of the salt, the mixture of salt allowed the ice to melt into a light slush
which improved traction. Other Cities. i.e. Ft. Worth, waited until after the
sleet had stopped falling. Special thanks to Mayor Pro Tem Gore, who we understand
erected signs warning motorists of ice in Brighton Oaks as the City was out of
barricades. Lloyd Wood is addressing the barricade shortage to have ample when
such is needed in the future.
2) Cheek Sparger Bridge Repair
Bob Hampton, Tarrant County Commi ssi oner Precinct 3 has purchased 240' of 78"
qua 1 ity used concrete cul vert and wi 11 begi n i nsta 11 i ng the same on Cheek Sparger
between Pembrooke and Martin Parkway. The City is providing engineering related
barricades (rented), and traffic control. We will be coordinating this project
with the City of Bedford. We expect work to commence Tuesday, January 19, 1988
as Monday is a County Holiday (Martin Luther Kings' Birthday). The local papers
will be notified and signs will be erected explaining the work and detours through
Woodland Hills. Additionally, residents along the detour route will receive a
flyer explaining the work to be done. (See Attached) Construction is expected
to take 3 weeks.
City records indicate that Larry Cole had agreed to escrow $65,000, then up to
$120,000 as needed to improve 1/2 of Cheek Sparger pending these drainage
improvements. Cary Hy has indicated that LCC Company stands ready to honor this
outstanding commitment and is considering sending Council a letter to such effect.
3) Impact Fee Revision
At last Council meeting it was discussed that the reV1Slon of the street impact
fees following Parsons, Brinkerhoff, et.al. traffic study was to be accomplished
by an amended ordinance. According to Ross Foster this amendment will yet require
additional publication and public hearings for compliance with Senate Bill 336
as originally experienced. Ross will have the draft ordinance and implementation
time table by the next meeting.
4) Special Audit
Following the ice storm, this audit began in earnest at City Hall. The Auditor's
are currently concentrating on the various developer agreements. Council is advised
that the Auditor's will be contacting each member individually to schedule a
separate interview regarding this audit.
5) Building Security
Be advised that we are having a silent alarm system installed at City Hall to
improve records security. This system will be monitored by the Police Department
24 hour a day. Council will be provided additional details on how the system
will work so as to provide secured access after hours. (See Attached)
6) TRA System Expansion
At a recent TRA meeting, planned system improvements were outlined to provide
for needed expansion to the Tarrant County Water Supply Project (includes Cities
of Bedford, Euless, Grapevine, North Richland Hills and COlleyville). The
represented City Manager's recommended that TRA proceed with the planned expansion
including the issuance of $14.85 million in revenue bonds. The attached outlines
the program. Of note plant capacity expansion and the Northward Transmission
Pipeline from Cheek Sparger Road to Hall Johnson Road are critical to Colleyville
and Grapevine. Worst case projections anticipate an increase in cost of 10.9%
from 1986 Master Plan Projections to 1990 projections of $1.63/1000 when all debt
authorized should be issued and debt service commences. TRA officials stand ready
to brief the Council at a regular meeting should Council desire such. Please
advise if such is needed. (See Attached)
7) Public Record Request
Please be advised that the City Attorney has expressed his opinion that the special
report on the L.D. Lockett sewer line extension was public record, as such a copy
has been prepared for the requesting paper, the Pictorial Press. (See Attached)
8) K-Mart
Mark Tutin of Baker Development indicates that the project has been leased to
K-Mart and the sale of the property to the ultimate owners, Terra Venture, of
Kansas City, MO. is expected shortly. We should expect calls from the architect
to determine City requirements as the plans are finalized. No activity on the
Albertson's property at Gl ade Road and Hi ghway 121 has occurred si nce the 1 ast
report.
9) Red Barn Drainage
Mark Tutin reported that his company still plans to honor commitments in his
letter of December 4, 1987 with respect to the drainage needs at the Red Barn
property. When the K-Mart land closes, Tutin will use those proceeds to make
their commitments.
10) Braums
For your information Braums plans to open the weekend of the 15th. Also, be advised
that they have improved Stewart Street abutting their plat to the south. No
developer agreement governed this improvement. However, City inspection confirmed
that the concrete street was bui lt per Ci ty specifi cati ons. Braums I needed thi s
street to provide an all weather surface for their 18 wheel supply trucks. You
may have noted that they have erected the revised sign per City standards.
11) Pot Holes
The recent freezing weather has deteriorated our poorly patched roads causing
increased number's pot holes. Director of Public Works, Lloyd Wood has scheduled
a special pot hole assignment to pa,tch these holes. This is scheduled for the
week of the 18th.
12) Public Hearing P & Z
Be advised approximately 75 people plus attended the public hearing for a special
use permit to operate a Gerber Day Care Center abutting Saddlebrook on Cheek Sparger
and Brown Trail. The vast majority of the residents attending opposed this
proposal. P & Z voted 6-0 to deny the request. We have not yet received a request
from the applicant to carry the proposal on to Council. We assume that they have
dropped the issue. The land remains zoned CN which provides for multiple
commercial/retail activity. However, I understand that the property has a deed
restriction limiting use to professional office buildings. (See Attached
application/information)
13) Notice of Violation
Notice of Violation was sent to Helen Davis regarding a recreational vehicle being
used as a residence at 3216 Glade Road. Mrs. Davis has committed to compliance
by February 1. As such enforcement action will be postponed pending compliance.
Building Inspector will confirm compliance by 2/1/88. (See Attached)
14) Tank Overflow
City personnel report a second tank overflow at the Bransford/L.D. Lockett elevated
tower location. Volumes lost are yet to be determined, in addition to cause
and cure. Lloyd Wood is to have more information by Monday night.
15) Street Light Experience
Per Mayor Hubbard's inquiry, last year's budget for street lighting was $9,900
with the 9/30/87 budget report indicated $14,697.21 actual expenditures. Current
monthly billing averages $2,000/mo. producing a projected $24,000 annual expenditure
vs. a current budgeted amount of $17,000 which leaves a projected over expenditure
of $7,000. As such the City Manager proposes a temporary moratorium on authorizing
additional street lights. As well, Lloyd Wood will be obtaining sample ordinances
from neighboring cities to provide Council for review. Staff subsequently plans
to propose the adoption of an official City policy by Ordinance to authorize
additional street lighting. (See Attached)
18) Administrative Procedure
To provi de for admini strati ve consistency and accountabil i ty on an ongoi ng basis
the City Manager has created an Administrative Handbook for departmental reference
regarding standing administrative directives. The City Manager plans to provide
Council a copy of such directives when they are subsequently issued. A copy of
is attached.
Note that purchasing procedures contained therein revise prior practices. The
City Manager personally will not approve all purchases, unless they exceed $750.
Council will approve other purchase exceeding $5000. per public bidding law.
Department Heads will experience expanded budgetary accountability through this
process to insure the proper expenditure of di screti onary City doll ars expanded
through the purchasing procedure.
19) Risk Management
Be advised that the City's insurance agent, per the City Manager's approval, has
change how the Law Enforcement Officer's Professional Liability Coverage to a
better carrier a $3,025.04 lower premium. (See Attached)
20) Police Personnel
Chief Steele is pleased to report the hiring of James H. Pittinger as a Police
Officer to fill one of the current vacancies. Officer Pittinger's tour of duty
began January 4, 1988.
Also, Officer Shepard fell on ice during the recent ice storm and fractured his
arm. He is expected to return to duty on the 18th on a 1 i ght duty
capacity(dispatching) until his arm heals. A worker's compensation claim has
been processed.
21) Work Session
Per CLRINC letter 12/1/87, we have tentatively scheduled a work session for Tuesday
February 23, 1988 with P & Z unless Council prefers another date. Please advise
accordingly.
22) TMC Legislative Report
For your information such is attached.
Respectfully Submitted,
~
Robert T. McDaniel
City Manager
RMcD/czf
January 18, 1938
"~en(la - New TIusiness Item No. /I~ Discussion and consideration of L.D. l.ockett
Se'~er Line Ext ensi on.
o Asked for this item to be put on arenda mainly for three reasons:
1) To up date tIte r;eneral public since this matter ,,,as first presented
at the Decel~lber 21, 1987 meetinr: hy Councilman r.ore.
2) Present for the record "Lepal Alternatives Availahle to the City
Council" concerninr this item.
3) Sugp;est action plan to properly look into this matter further.
o ~~~bL~c_ .!Ip.._..n_a_t~.?,
You \vill recall that at our December 21, 1987 meeting the Council discussed,
as a part of NB I tern No. 17 to do \'lith hirinr. an outsirle audit finn, the
preliminary information presented in the City Manar.er's special report
entitled, "L.D. Lockett Sewer Line Extension Stll'Ullcr '87" dated December 21, 1987
Althou~h the infomation in this special report was not discussed in p;reat
detail by the COtmcil at the Dec. 21st. rc[';ular meetinr. several articles
were \-lritten by 10cal)Fort Harth and Dallas nC\vspapers during late December
1987.
Request6 for proposals \-!ere sent out and propoHals were received from
three audit firms during late December '37 in rfward to the special audit
approved by the Council on Dec. 21st. The firm of Peat Harwick Hain was
selected by the Council at our Jan. 4th, 1988 meetinp; and they starterl to
work around the first of last week.
pare 2
Some of the initial reviews of City nata by the special audit team involved
records having to do with the L. D. Lockett Sewer Line Lxtension. Several
new and additional pieces of inforMation were identified that, in my
opinion, tend to make the situation look even worse than orip.inally
believed.
As a City Councilman with the information currently available on the
L. D. Lockett Seuer Line Extension situation, I felt it \.,ras my duty to
have this matter looked into from a lepal point of vie\\I (note: I want
the record to clearly show that I am not and don't claim to be an
attorney!) In other words, \..hat ilLegal Alternatives are Available to a
City Council concerninp, misuse of office by a memher of the Council?"
The city's attorney was requested by the City Nanager's memo of Jan. Gth
to provide his written response to the question. Such a response was
provided by Ross Foster to the City Nanager by his 6-page written memo
dated Jan 11th. In addition to the written memo by Mr. Foster, the
City Manager and Councilmembe~ Burke and Core met \\lith Ross Foster on
Jan. 14th to ask for clarification on certain points.
At this time, because of the technical nature of the actU3l legal options
available to the Council, I would re~uest the City's Attorney eo through
(in detail) for the record the options presented in his Jan. 11th memo.
o Legal Alternatives? - Foster's presentation
page 3
o ~~te.A Act~.!lJlan?
Based upon the information made available to date, and the legal options
available to the Council, I move and make the following motion~
liThe City Nanar,er is directed to collect) analysis and prepare a
detailed report on all infornation available,'also includinr.
transactions and history of currently owned city property at 315
to D. Lockett, for the L. D. Lockett Sewer Line Extension Sununer
'87. The report is to be presented in both a ,~itten form and a
visual presentation at the next regular Council meetinp, of February 1,
1988. In addition'Ara~ ~~c<ff;Z;{e ~~est0~1 t6 /::sjfr:/[~feG
City Nanap;er any specific questions that they \-Iant anS\'Jerecl or
addressed. II
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