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Item 5ACity of Southlake CITY COUNCIL MEETING March 18, 2003 MINUTES CITY COUNCIL PRESENT Mayor Rick Stacy, Mayor Pro Tem W. Ralph Evans, Deputy Mayor Pro Tem Greg Standerfer. Councilmembers: Carolyn Morris, Rex Potter, Keith Shankland, and Tom Stephen. CITY COUNCIL ABSENT None. STAFF PRESENT City Manager Billy Campbell, Assistant City Manager Shana Yelverton, Assistant to the City Manager John Eaglen, Planning Director Bruce Payne, Senior Planner Dennis Killough, Public Works Director Pedram Farahnak, Deputy Director of Public Works Charlie Thomas, Assistant to the Public Works Director Valerie Bradley, Finance Director Sharen Elam, Economic Development Director Greg Last, Director of Public Safety Rick Black, Chief Building Official Paul Ward, Director of Community Services Malcolm Jackson, Manager of Technical Services Gary Gregg, Secretary to the City Manager Kim Bush, Deputy City Secretary Tara Brooks, Office Assistant Jason Kinney, City Attorney Wayne Olson, and City Secretary Lori Farwell. WORK SESSION Due to technical difficulties, no work session was held. REGULAR SESSION Agenda Item No. 1, Call to order The regular session was called to order by Mayor Stacy at 5:50 p.m. Agenda Item No. 2A, Executive Session Mayor Stacy announced that the City Council would be going into Executive Session pursuant to the Texas Government Code, Section 551.071, consultation with city attorney; Section 551.072, deliberation regarding real property; Section 551.073, deliberation regarding prospective gift; Section 551.074, deliberation regarding personnel matters; Section 551.076, deliberation regarding security devices; and Section 551.087, deliberation regarding economic development negotiations. City Council adjourned for Executive Session at 5:51 p.m. Executive Session began at 6:06 p.m. and ended at 6:45 p.m. Agenda Item No. 2B, Reconvene The Mayor reconvened the regular meeting at 6:52 p.m. Agenda Item No. 3: The invocation was presented by Scott Berry, First Baptist Church. A 30- second message to parents from the Drug and Alcohol Awareness Committee was presented. Agenda Item No. 4, Reports A. Mayor's Report: The Mayor presented a Proclamation to Miss Dallas, Southlake resident Alexis Young, who is going to compete in the Miss Texas pageant. B. City Manager's Report: None. UNOFFICIAL CITY COUNCIL MEETING MINUTES, MARCH 18, 2003, PAGE 1 OF 11 Councilmember Morris thanked everyone who has donated funds to the library. She said they have raised $12,000 and still need another $3,000 to make their matching funds goal of $15,000 for a library grant. Consent Agenda 5A. Approval of the minutes of the City Council regular meeting held on March 4, 2003, and of the City Council special meeting held on March 7, 2003. Approved as presented. 5B. Authorize the Mayor to execute an Interlocal Agreement with Tarrant County for the acquisition of easements for Southlake's redundant water line from Fort Worth to Pearson Pump Station. Due to its critical nature, Tarrant County has kindly offered to assist the City at no cost to acquire needed parcels for construction of the redundant water supply. As a part of this CIP project, the City of Southlake will be constructing a 42" water line that will bring a second feed of water from the City of Fort Worth (Caylor Tank) to Southlake (Pearson Pump Station). Several easements will be needed to construct this project. As a result of this interlocal agreement with Tarrant County, Southlake will save a minimum of $16,000 in acquisition costs normally performed by a right of way agent. 5C. Authorize the Mayor to execute a professional services agreement with Graham and Associates, Inc., for professional services in connection with the North Carroll Avenue widening from Federal Way to State Highway 114 and the North White Chapel Boulevard widening from Emerald Street to State Highway 114 Funds were included in the FY 02/03 CIP for the engineering and right of way acquisition on North Carroll Avenue from Federal Way to SH 114 and the preliminary engineering on North White Chapel Boulevard from Emerald Street to SH 114. City staff has negotiated a contract with Graham and Associates, Inc., to provide the design for paving, drainage and water improvements on North Carroll Avenue and North White Chapel Boulevard. The agreement is divided into two phases. Phase I includes the design of all of North Carroll Avenue including paving, cross - sections, drainage, water, sewer, median landscaping, pavement markings, signage, traffic control and erosion control. Phase I also includes the preliminary engineering on North White Chapel Boulevard which consists of designing a portion of it in order to complete right -of- way documents and preliminary paving and drainage with cross - sections. Phase II includes the design of the remainder of North White Chapel Boulevard including the storm drainage, water, sewer, landscaping, pavement markings, signage, traffic control and erosion control. Phase II is not funded at this time and Graham and Associates, Inc., will not be authorized to proceed with Phase II until funding has been approved by the City Council and funds are available. Having the complete design of both projects set up in one contract gives the City staff the ability to negotiate a lower fee than would be possible in two separate contracts. Phase I services' total fee is $350,274.22. Phase II services' total fee is $255,611.32 which will have to be allotted in a future CIP. 5D. Authorize the Mayor to execute an amendment to the February 5, 1992, lease agreement with Dallas SMSA Limited Partnership (Cingular Wireless) for the placement of an antenna system on the Florence Water Tower. Cingular has agreed to amend the February 5, 1992, lease for antennas on the Florence water tower. Two major changes are proposed: the lease rate would change from $11,040 to $24,000 per year and the City would agree to extend the contract term for 5 years (March 2003 to March 2008). To ensure that Southlake is collecting competitive lease payments, staff conducted a rate study and found the average annual rate for wireless communication antenna leases to be $19,302. The UNOFFICIAL CITY COUNCIL MEETING MINUTES, MARCH 18, 2003, PAGE 2 OF 11 results of the study are provided in this packet. Since the annual rate will be increased from $11,040 to $24,000, the additional revenue over the next five years will be $64,800. 5E. Resolution No. 03 -021, (ZA03 -013) Specific Use Permit for Southlake Town Square for single- family residential attached dwelling units in Southlake Town Square, Phase IV. Tabled to the April 1, 2003, City Council meeting. 5F. Ordinance No. 480 -294a, 1 st Reading ZA02 -124) Rezoning and Concept Plan for Harris Methodist Southlake. Tabled to the April 1, 2003, City Council meeting. Motion was made to approve consent agenda items 5A; 513; 5C; 5D, and to table 5E and 5F to April 1, 2003. Motion: Stephen Second: Standerfer Ayes: Stephen, Evans, Shankland, Morris, Standerfer, Potter, Stacy Nays: None Approved: 7 -0 REGULAR AGENDA Agenda Item 6. Public Forum No one spoke. Auenda Item No. 7A. Discuss and consider action reaardina ethics complaint auainst Planning and Zoning Commissioner Ralph Williams and Darrell Faglie Mayor Stacy said the complaint that was filed by Jerry Marin was withdrawn although the City Attorney had already begun the investigation. The City Attorney determined there was no illegal action committed by these two men. Councilmember Tom Stephen completed a Conflict of Interest Affidavit for Ordinance No. 480 - 330a (ZA03 -005) and did not participate in the discussion. Agenda Item No. 7B. Ordinance No. 480 -330a, 2nd Reading (ZA03 -005), Rezoning and Site Plan for Lot 1, Block 1 and Lot 1, Block 2, Carroll I.S.D. No. 6 Addition Senior Planner Dennis Killough presented this item to the Council. This property is located at the intersection of South Kimball and Silicon Drive. The purpose of this request is to increase the number of seats in the stadium, revise the parking regulations and allocate areas for portable toilets, tents and buildings. The review of this application is limited to those areas of change only. These changes are driven by the school district's contract with the Dallas Burn professional soccer team for use of Dragon Stadium. The approved zoning and site plan is limited to 7,500 seats. The required parking ratio under the current zoning of the property is 1 space per 5 seats. The plan presented to P & Z proposed a seating capacity of 9,520 seats that requires a minimum 1,904 parking spaces. Only 1,701 spaces are being provided on site. This includes the 194 spaces added by the additional striping of the bus storage and parking areas. All buses within the transportation facility would be removed the day before an event. The total parking provided does not include future parking shown in the northwest corner of the plan (approximately 465 spaces). The remaining balance of required parking was proposed to be provided by remote off -site parking with shuttle service. Ordinance 480, Section 35.6(9)(h) requires 1 space per 3 seats or bench seating spaces for Sports Arena, Stadium or Gymnasiums, but the current zoning on this property allows a ratio of 1 space per 5 seats. The Planning and Zoning Commission recommended denial on February 20, 2003, for the following reasons: parking shortage; status of negotiation with adjacent property owners UNOFFICIAL CITY COUNCIL MEETING MINUTES, MARCH 18, 2003, PAGE 3 OF 11 on parking, bus relocation and extended hours of operation; lack of work with Department of Public Safety; lack of light shielding; and lack of SPIN meeting. A super - majority vote in the affirmative by the City Council (at least 3 /4 of all members) is required to over -rule the P &Z`s recommendation for denial of this request. The City Council approved this item on March 7, 2003; subject to Revised Site Plan Review Summary No. 2, dated February 28, 2003; accepting changes as proposed by the applicant tonight; requiring the applicant to oil the gravel parking lot to keep the dust down; allowing the proposed portable toilets and tents for one year and requiring approval by SUP after that time period; deleting the request for extended hours; accepting the proposed parking as presented tonight and if it requires a variance, granting a variance; accepting the applicant's commitment for temporary directional signs along the roadways; and acknowledging the applicant's offer to put a proposition on their next bond ballot to fund permanent parking lot pavement. The site plan included with this item reflects a total of 9,166 seats with 2,541 on site parking spaces. This includes the bus terminal area and the northwest parking area. The northwest parking area consists of 497 spaces on gravel. The on -site parking being provided will result in a seat to parking ratio of 3.6:1. In addition to the on -site parking, there are 444 remote parking spaces to be provided for employees. The plan also shows all portable toilets areas, portable ticket booths and tents. It is proposed to allow these for a period from April through December of each year. Mayor Stacy read Louis Kaposta's letter into the record (the letter will be attached to the minutes as part of the permanent record). Public Hearing opened. Louis Kaposta, 2311 Crooked Lane, Southlake, Texas. He has spent the last 25 years living in Southlake and does not understand why he would not be granted the same privilege as the other residents who given a concrete fence. He needs more protection than simply inserting slats into a chain link fence. Mayor Stacy read a letter from residents on South Kimball Avenue into the record (the letter will be attached to the minutes as part of the permanent record). Lowell Morrison, 710 Whispering Woods Circle, Southlake, Texas. Presented a letter from he and his neighbors that addressed six points of concern (the letter will be attached to the minutes as part of the permanent record). CISD Board of Trustees President Robin Snyder introduced Board member Dale Crane who has been working with city staff and local residents to address concerns. Mr. Crane addressed Mr. Morrison's six points of concern. The material that will be used for the parking lot will be a flexbase product, similar to crushed rock, which will create less dust than gravel. They will cooperate with the neighbors to have some sort of dust control in place. He agreed to place a barricade across the entrance to the gravel lot to restrict traffic. He agreed to Item 6: CISD will make every effort to include the paving of the proposed gravel parking lot area in the next bond sale, and if necessary, in subsequent bond sales until paving is completed. They are willing to accept the .2 footcandle requirement for lighting at the north property line and, in general, agreed to meet the footcandle requirement as it was previously approved. CISD would prefer to build the concrete walls now and not wait for a future bond package. They will build the walls where the neighbors outlined them to be. Mr. Crane thinks the neighbors are in agreement that the school district would not continue the fence further west from what is shown. UNOFFICIAL CITY COUNCIL MEETING MINUTES, MARCH 18, 2003, PAGE 4 OF 11 Mr. Crane asked that the school district not be required to build a wall along the northeast commercial property. He stated there are some very nice trees along Mr. Kaposta's east property line and asked that they have the ability to build the wall from inside Mr. Kaposta's property as to not disturb the existing trees. He also asked that since they are agreeing to go ahead and build the concrete fence, they not be required to put slats in the existing chain link fence. He asked to not build the 50' landscape buffer along Mr. Kaposta's property and instead they be held to maintain the 5' bufferyard that is currently existing. He agreed to not place any parking closer than 20' to Mr. Kaposta's property. Ms. Snyder addressed Jeff Wang's concerns regarding offsite parking at Eubanks and Dawson. She said CISD decided to look at Old Union instead since it is on the entrance and exit plan for the stadium, and using Old Union wouldn't have as great an impact to the adjacent residential properties since they are mostly walled communities. She counted 175 parking spaces at Old Union plus a paved playground area which would allow for an additional 25 spaces. They have decided to use Old Union instead of Eubanks and Dawson. Councilmember Morris expressed a concern about the high volume of traffic at the intersection of Continental Boulevard and Carroll Avenue. She questioned whether or not CISD could enter and exit off of Continental instead of Carroll in order to impact fewer residences. She also expressed concern about additional traffic going down Crooked Lane and asked for signage to be placed on that road. Public Hearing closed. In accordance with Section 4.21 of the City Charter, the caption for this item is listed as follows: AN ORDINANCE AMENDING ORDINANCE NO. 480, AS AMENDED, THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF SOUTHLAKE, TEXAS; GRANTING A ZONING CHANGE ON A CERTAIN TRACT OR TRACTS OF LAND WITHIN THE CITY OF SOUTHLAKE, TEXAS BEING LEGALLY DESCRIBED AS LOT 1, BLOCK 1, AND LOT 1, BLOCK 2, CARROLL I.S.D. NO. 6 ADDITION, AND BEING 41.347 ACRES, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "S -P -1" DETAILED SITE PLAN DISTRICT WITH "CS" COMMUNITY SERVICE DISTRICT USES INCLUDING TRANSPORTATION FACILITY AND STADIUM TO "S -P -1" DETAILED SITE PLAN DISTRICT WITH "CS" COMMUNITY SERVICE DISTRICT USES INCLUDING TRANSPORTATION FACILITY AND STADIUM, AS DEPICTED ON THE APPROVED CONCEPT PLAN ATTACHED HERETO AND INCORPORATED HEREIN AS EXHIBIT `B ", SUBJECT TO THE SPECIFIC REQUIREMENTS CONTAINED IN THIS ORDINANCE; CORRECTING THE OFFICIAL ZONING MAP; PRESERVING ALL OTHER PORTIONS OF THE ZONING ORDINANCE; DETERMINING THAT THE PUBLIC INTEREST, MORALS AND GENERAL WELFARE DEMAND THE ZONING CHANGES AND AMENDMENTS HEREIN MADE; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY FOR VIOLATIONS HEREOF; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE. Motion was made to approve Ordinance No. 480 -330a, 2 nd Reading, subject to Site Plan Review Summary No. 3, dated March 14, 2003, incorporating the motion from the first reading approval; subject to the photometric survey dated February 9, 2000, referenced by staff tonight; extending UNOFFICIAL CITY COUNCIL MEETING MINUTES, MARCH 18, 2003, PAGE 5 OF 11 the 8' masonry wall to the west, in line with the east property boundary of Mr. Kaposta's property and extending the 8' masonry wall south along Mr. Kaposta's property line and removing the 8' masonry wall from the northwest portion of the site plan along Mrs. Sapp's property; requiring CISD to use effective dust control on the gravel parking lot; requiring CISD to restrict access to the gravel parking lot when not in use; requiring that parking is no closer than 20' from Mr. Kaposta's property; restricting off -site parking to Old Union Elementary School for the employees and adjusting the parking ratio in the regulations accordingly; requiring a 50' bufferyard adjacent to the gravel parking area along the north property line and allowing the landscape plantings to be deferred until permanent paving is installed; and incorporating the documents referenced in the site plan review summary. Motion: Potter Second: Evans Ayes: Evans, Shankland, Morris, Standerfer, Potter, Stacy Nays: None Approved: 6 -0 Councilmember Stephen joined the meeting again Agenda Item No. 8A. Ordinance No. 480 -337b, 1 st Reading (ZA03 -008) Zoning Change and Concept Plan for Gateway Plaza, Phase II, Wyndham Plaza Senior Planner Dennis Killough presented this item to the Council. This property is located on the northwest corner of the intersection of East Southlake Boulevard and North Nolen Drive. The current zoning is AG Agricultural District and S -P -2 General Site Plan District. The requested zoning is S -P -2 General Site Plan District. The purpose is to revise the currently approved concept and add the one acre AG zoned property to the west of the site (between Gateway Plaza 2 and Liberty Bank) to the Gateway Plaza Phase 2 zoning boundary. The Planning and Zoning Commission approved this item subject to review and granted the requested variance in driveway stacking on March 6, 2003. Applicant Terry Wilkinson answered Council's questions regarding driveway alignment, building placement, and tree preservation. Motion was made to approve Ordinance No. 480 -337b, 1 st Reading, subject to Concept Plan Review Summary No. 2, dated February 28, 2003, as approved by P &Z Commission. Motion: Potter Second: Stephen Ayes: Shankland, Morris, Standerfer, Potter, Stephen, Evans, Stacy Nays: None Approved: 7 -0 Agenda Item No. 8B. Ordinance No. 836, 1 st Reading, Approval of an Industrial Wastewater Ordinance for the City of Southlake for compliance with applicable state and federal regulations. Director of Public Works Pedram Farahnak presented this item to the Council. This ordinance will enable the Trinity River Authority's (TRA) Regional Publicly Owned Treatment Works (POTW) to comply with all applicable state and federal laws including the Clean Water Act (CWA) and the pretreatment regulations included in the 40 Code of Federal Register (CFR). The objective of this ordinance is to: prevent interference with operation of POTW; prevent passage of pollutants through POTW and into local, state and federal waste ways; ensure superior quality of sludge intended for recycling and reuse for beneficial purposes; and comply with the requirements of the National and the Texas Pollution Discharge Elimination System permits. On September 24, 2002, the Texas Commission on Environmental Quality (TCEQ) confirmed compliance and made final comments on the TRA's proposed Industrial Pretreatment Program in UNOFFICIAL CITY COUNCIL MEETING MINUTES, MARCH 18, 2003, PAGE 6 OF 11 connection with that agency's regional wastewater treatment plant located in Grand Prairie, Texas. The pretreatment program is required by the Federal Clean Water Act Program, 40 Code of Federal Regulations, Chapter 403.8 (b) and 403.9 (b) and is administered by the United States Environmental Protection Agency and the TCEQ. The pretreatment program is required for maintenance and renewal of TRA's /Southlake's National Pollution Discharge Elimination System ( NPDES) permits which became effective on July 1, 1995. The NPDES permit is required in part to develop the upper limits for the waste discharge parameters for all partner cities (also known as the technically based local limits) to meet the surface water quality standards. Funding support for this program is provided by the Public Works annual operations budget. Motion was made to approve Ordinance No. 836, 1 st Reading. Motion: Stephen Second: Potter Ayes: Morris, Standerfer, Potter, Stephen, Evans, Shankland, Stacy Nays: None Approved: 7 -0 Agenda Item No. 9A. Resolution No. 03 -020, Approving and authorizing publication of notice of intention to issue certifications of obligation for various capital improvement projects Director of Finance Sharen Elam presented this item to the Council. Approval of this resolution is the first step in issuing certificates of obligation. Once this resolution is approved, the City may issue less than that amount, but cannot exceed it. The resolution authorizes the publication of a notice in the newspaper of the City's intent to issue certificates of obligation. The certificates will be issued and approved by the adoption of an ordinance; approval is scheduled for April 15, 2003. The City would receive funding in mid May. The proceeds from the bonds will be used for street, storm drainage, water and sewer capital improvement projects and the purchase of equipment and machinery for Police Services in the Department of Public Safety. The debt will be repaid through the City's ad valorem tax rate, water and sewer projects will be repaid through the City's utility fund, and the Crime Control district will fund the portion related to public safety. Councilmember Potter asked that Council receive the revenue streams before the final approval. In accordance with Section 4.21 of the City Charter, the caption for this item is listed as follows: A RESOLUTION approving and authorizing publication of notice of intention to issue certificates of obligation for various capital improvement projects. Motion was made to approve Resolution No. 03 -020. Motion: Potter Second: Stephen Ayes: Standerfer, Potter, Stephen, Evans, Shankland, Morris, Stacy Nays: None Approved: 7 -0 Agenda Item No. 9B. Resolution No. 03 -022, Approving and authorizing_ publication of notice of intention to issue certificates of obligation for the payment of contractual obligations incurred for the construction of public works in Reinvestment Zone Number One, City of Southlake. Director of Finance Sharen Elam presented this item to the Council. Approval of this resolution UNOFFICIAL CITY COUNCIL MEETING MINUTES, MARCH 18, 2003, PAGE 7 OF 11 is the first step in issuing certificates of obligation. Once this resolution is approved, the City may issue less than that amount, but cannot exceed it. The resolution authorizes the publication of a notice in the newspaper of the City's intent to issue certificates of obligation. The certificates will be issued and approved by the adoption of an ordinance; approval is scheduled for April 15, 2003. The City would receive funding in mid May. The proceeds from the bonds will be used to reimburse the developer for infrastructure built within the TIF boundaries, in accordance with the addendum to the Town Square Developer's Agreement approved by Council on February 4, 2003, in the amount of $3,925,000. The certificates of obligation will be issued with a dedicated pledge of accumulated tax increment reinvestment zone revenues, and a backup pledge of City's ad valorem tax rate. In accordance with Section 4.21 of the City Charter, the caption for this item is listed as follows: A RESOLUTION approving and authorizing publication of notice of intention to issue certificates of obligation for the payment of contractual obligations incurred the construction of public works in Reinvestment Zone Number One, City of Southlake, Texas . Motion was made to approve Resolution No. 03 -022. Motion: Potter Second: Stephen Ayes: Potter, Stephen, Evans, Shankland, Morris, Standerfer, Stacy Nays: None Approved: 7 -0 Agenda Item No. 10A. Authorize the Mayor to enter into an Interlocal Agreement between the cities of Bedford, Colleyville, Euless, Grapevine, and Keller to join the Northeast Tarrant Trunk Radio System Manager of Technical Services Gary Gregg presented this item to Council. The City's Public Safety divisions have been operating on two different radio systems for the past ten years. In 1992, the Fire Services Division transitioned from an old low band radio system to the Fort Worth trunked radio system. At the time, the City purchased the right to expand radio users on the Fort Worth trunked radio system up to a maximum of 116. We reached that maximum number about two years ago, and Fort Worth is not interested in the City of Southlake adding any additional radios to the system. The Police Services division upgraded its mobile and portable radios in 2000 and was able to join the Denton trunked radio system at no charge. As a part of the agreement to join the Denton system, the City of Southlake licensed an 800 MHz trunked radio channel to the Denton system to help alleviate system congestion. We have attempted to optimize both the Fort Worth and Denton trunked radio systems. Unfortunately, neither provides complete coverage of the City of Southlake. The Denton system provides coverage from the north somewhat reliably to the edge of Southlake Blvd. The Fort Worth system provides coverage from the south to about the same points on Southlake Blvd. Neither system provides more than 20% coverage inside buildings within Southlake. Major structures such as the high school, junior high school and Sabre are unreachable with either the Denton or Fort Worth trunked radio systems. The Southlake Crime Control and Prevention District commissioned Trott Communications to study the issue and to make long -term recommendations for the City's communications strategy. To summarize the Trott study, neither Fort Worth nor Denton wants more users on their systems. Neither Fort Worth nor Denton is willing to expand the coverage of their respective systems. The City of Southlake could possibly add a tower locally to improve coverage but it would not increase either systems capacity. Even with the addition of a local tower site, the City would not have any say or representation in the operation UNOFFICIAL CITY COUNCIL MEETING MINUTES, MARCH 18, 2003, PAGE 8 OF 11 of either system. The Northeast Tarrant County Trunk Radio System consists of the cities of Bedford, Colleyville, Euless, Grapevine and Keller. The Trott study indicates that the Northeast Tarrant County Trunked Radio System will penetrate more than 60% of the buildings in Southlake with little or no dead spots outdoors. Chief Price and his staff have confirmed in- building coverage at strategic locations such as the high school, junior high and Sabre. The Northeast Tarrant County Trunked Radio System has indicated its willingness to have the City of Southlake join as a representative member. The City would be responsible for a 1 /6 share of the initial construction ($205,472) and a 1 /6 share of the upgrade ($265,302) performed in 2000. The two amounts ($469,775) would be payable to the City of Grapevine upon acceptance by all the member cities of the interlocal agreement and funded by CCPD. Because the City of Southlake will be allowed to bring all of the city's radios onto the Northeast Tarrant County Trunked Radio System, the Technical Committee requires that the City of Southlake's 800 MHz trunked channel be transferred to the Northeast Tarrant County Trunked Radio System to handle the expected extra load. There are some required equipment additions and programming to be made to the system to meet that requirement. If this item is approved, the subsequent agenda item covers the contract with Motorola for the system upgrade requirements. The approval of this interlocal agreement will dramatically improve the radio coverage of the public safety department as well as allow the entire City of Southlake radio users to communicate on a single system. Additionally, the public safety department will be able to directly communicate and interoperate with the adjoining cities. Motion was made to authorize the Mayor to enter into an Interlocal Agreement between the cities of Bedford, Colleyville, Euless, Grapevine, and Keller to join the Northeast Tarrant Trunk Radio System. Motion: Potter Second: Standerfer Ayes: Stephen, Evans, Shankland, Morris, Standerfer, Potter, Stacy Nays: None Approved: 7 -0 Agenda Item No. IOB. Authorize the City Manager to enter into a contract with Motorola for the upgrade of the Northeast Tarrant County Trunk Radio System. Manager of Technical Services Gary Gregg presented this item to Council. This item covers the necessary equipment upgrade and programming necessary to bring all of the City of Southlake's trunked 800 MHz radios onto the Northeast Tarrant County Trunked Radio System. Upon approval of the interlocal agreement, staff will work to transfer the City's 800 MHz channel currently on the Denton System to the Northeast Tarrant County Trunked Radio System. Motorola's proposal for the equipment, installation and programming is $434,031. A portion of this upgrade provides for system expansion for three more trunked radio channels. The City has requested as a part of the interlocal agreement amendment that as additional channels are added, the City is reimbursed $13,307 for each of the next three channels added. The Southlake Crime Control Prevention District CIP fund budgeted $1,000,000 for both the system buy -in and equipment upgrade and programming. The total of these two projects is $903,806. Motion was made to authorize the City Manager to enter into a contract with Motorola for the upgrade of the Northeast Tarrant County Trunk Radio System. Motion: Standerfer Second: Shankland Ayes: Evans, Shankland, Morris, Standerfer, Potter, Stephen, Stacy Nays: None UNOFFICIAL CITY COUNCIL MEETING MINUTES, MARCH 18, 2003, PAGE 9 OF 11 Approved: 7 -0 Agenda Item No. IOC. Authorize the Mayor to execute a residential developer's agreement for Pin Oak Estates, a 57 -lot addition formerly known as Oak Hill Mobile Home Park. Deputy Director of Public Works Charlie Thomas presented this item to the Council. The area known as Oak Hill Mobile Home Park was recently re -zoned to allow site -built homes and the final plat of the area now known as Pin Oak Estates was approved as Hillwood Oaks Addition on November 7, 2002. The street names in this addition were changed from Oak Lane North and Oak Lane South to Pin Oak Circle on February 18, 2003. In 2001, sanitary sewer was provided in this addition by the City as part of the Community Development Block Grant (CDBG) program. In 2002, water lines were installed by the City. The developer proposes to reconstruct the streets, 24 -feet wide with a storm sewer system, on -site and off -site. In this re- development, the developer proposes the following: 1) Southlake Phoenix Homes, Ltd. will contract and undertake the reconstruction of the streets and install both the on -site and off -site drainage systems in a design as mutually agreed upon. The cost estimate for paving and drainage improvements is $675,000. 2) The City will reimburse Southlake Phoenix Homes, Ltd. $250,000 for infrastructure improvements, an incentive for the area's redevelopment. 3) The city will waive one -half (50 %) all building permit fees and any other ancillary fees associated with the construction of homes. Funds for the $250,000 reimbursement have been included in the 2003 -04 CIP. Applicant David McMahan answered Council's questions. Mayor Stacy said it is Council's understanding that the justification for the City's participation in this agreement is that there will be site -built homes in this development. Mr. McMahan stated yes, this participation by the City will allow them to use builders who build site -built homes in the same manner as they have done in other subdivisions in Southlake. Deputy Mayor Pro Tern Standerfer asked if Mr. McMahan will limit it to site -built homes in the developer's agreement. Mr. McMahan said he thought that was already in there and agreed. Motion was made to authorize the Mayor to execute a residential developer's agreement for Pin Oak Estates, a 57 -lot addition formerly known as Oak Hill Mobile Home Park, requiring the homes to be site -built homes. Motion: Standerfer Second: Shankland Ayes: Shankland, Morris, Standerfer, Stephen, Evans, Stacy Nays: Potter Approved: 6 -1 Agenda Item 11A. Review of Ordinance No. 635, Code of Ethics and Conduct Council did not discuss this item. Mayor Stacy said Council will review this ordinance further after the May 3 election. Agenda Item 12. Meeting Adjourned With there being no further business to discuss, the meeting adjourned at 8:50 p.m. Rick Stacy Mayor ATTEST: UNOFFICIAL CITY COUNCIL MEETING MINUTES, MARCH 18, 2003, PAGE 10 OF 11 Lori A. Farwell City Secretary UNOFFICIAL CITY COUNCIL MEETING MINUTES, MARCH 18, 2003, PAGE 11 OF 11