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1997-06-24 CITY OF SOUTHLAKE, TEXAS 667 NORTH CARROLL AVENUE REGULAR CITY COUNCIL MEETING JUNE 24, 1997 MINUTES COUNCILMEMBERS PRESENT: Mayor Rick Stacy; Mayor Pro Tem W. Ralph Evans; Deputy Mayor Pro Tem David Harris. Members: Scott Martin, Gary Fawks, and Wayne Moffat . COUNCILMEMBER ABSENT: Pamela Muller STAFF PRESENT: Curtis Hawk, City Manager; Shana Yelverton, Assistant City Manager; Darcey Imm, Assistant to the City Manager; Kevin Hugman, Community Services Manager; Shelli Siemer, Community Services Coordinator; Lou Ann Heath, Director of Finance; Bob Whitehead, Director of Public Works; Greg Last, Director of Community Development; Karen Gandy, Zoning Administrator; Chris Carpenter, Planner; Deborah Drayovitch, City Attorney; and, Sandra L. LeGrand, City Secretary. WORK SESSION: The work session was held to discuss agenda items by Council and staff. INVOCATION: Mayor Pro Tem W. Ralph Evans. The Regular City Council meeting was called to order at 6:00 p.m. by Mayor Rick Stacy. Agenda Item #2 -A, Executive Session Mayor Rick Stacy advised the audience that Council would be going into executive session pursuant to Chapter 551 of the Texas Government Code, Section 551.071, 551.072, 551.074, 551.076 of the Open Meetings Act, to seek the advice of the City Attorney with respect to pe nding and contemplated litigations, to discuss the purchase, exchange, lease or sale of real property and to consider the appointment and evaluation of public officials and regarding the deployment on specific occasions for implementation of security personnel or devises. Council adjourned into executive session at 6:02 p.m. Council returned to open session at 7:05 p.m. Agenda Item #2 -B, Action Necessary /Executive Session Motion was made to authorize staff to proceed with condemnation of the following property withi n West Beach Addition, for Bob Jones Park Development Phase I: Block 9, Lots 6 and 18; Block 10, Lots 2, and 19; Block 15, Lots 6, 8, 12, 16, 17, 25, 26, 27, 28, 32, 35, 44, and 50; Block REGULAR CITY COUNCIL MEETING MINUTES JUNE 24, 1997 PAGE 1 OF 8 16, Lots 7, 8, 25, and 26; Block 17, Lot 3, Bock 20, Lots 1, 3, 8, 18, 21, and 26; Block 21, Lot 19; Block 22, Lots 4, 5, 17, 18, 19, 20, and 39. In West Beach Addition for Bob Jones Park Development, Phase 2, Part 1: Block 1, Lots 1, 2, 3, 6, 7, and 8; Block 3, Lots 3, 34, and 35; Block 4, Lots 2, 9, 18, 19, and 20. Motion: Harris Second: Martin Ayes: Harris, Martin, Evans, Fawks, Moffat, Stacy Nays: None Approved: 6 -0 vote Agenda Item #3, Consent Agenda Mayor Stacy read the items on the consent agenda, including: 3 -A. Sexual Harassment Policy. 3 -B. Agreement between the State of Texas and the City of Southlake for the installation of a traffic signal at the intersection of Byron Nelson Parkway and F.M. 1709 within the right - of -way of F.M. 1709. 3 -C. Resolution No. 97 -42, a joint resolution of the City Council and the Carroll Independent School District Board of Trustees establishing a joint committee to develop initiatives for drug and alcohol awareness. Motion was made to approve the consent agenda items #3 -A, #3 -B, and #3 -C, to reflect the resolution as adopted at the CISD Board meeting. Motion: Harris Second: Martin Ayes: Harris, Martin, Evans, Fawks, Moffat, Stacy Nays: None Approved: 6 -0 vote ADDITIONAL INFORMATION ON CONSENT ITEMS 3 -A. Adoption of the Sexual Harassment Policy developed for the City of Southlake. This is one of several policies that will be developed over the next several months to revise and update the Personnel Policies Manual and provide clarification and guidance in areas the policies do not currently address. Prevention is the best tool for the elimination of sexual harassment. As a result, the EEOC has advised all employers to have and distribute sexual harassment policies. This policy covers and protects all City employees (regular and temporary), elected officials and volunteers. The policy defines and prohibits sexual harassment and prohibits the condoning or perpetuating of such conduct. Additionally, this policy provides a process for reporting and resolving complaints of sexual harassment REGULAR CITY COUNCIL MEETING MINUTES JUNE 24, 1997 PAGE 2 OF 8 and complaints of condoning sexual harassment. Direct reprisal or retaliation, or the encouragement of retaliation is disallowed. 3 -B. Agreement between the State of Texas and the City of Southlake for the installation of a traffic signal at the intersection of Byron Nelson Parkway and F.M. 1709 within the right - of -way of F.M. 1709. In the Developer Agreement, Timarron agreed to pay the cost of engineering for the referenced traffic signal. In addition, an amended Developer Agreement provides for the City to share in 50 % of the installation cost, up to a maximum of $40,000. Timarron agreed to pay the difference in cost. Carter & Burgess, Inc. performed the traffic warrant studies and prepared the engineering plans for this project. The State of Texas approved the studies and plans. Bids have been requested and are scheduled to be opened on June 25, 1997. 3 -C. Resolution No. 97 -42, A joint resolution of the City Council and Carroll Independent School District Board of Trustees establishing a joint committee to develop initiatives for drug and alcohol awareness. The committee shall be composed of: three (3) members of the City Council, appointed by the City Council; three (3) members of the School Board, appointed by the School Board; Two (2) members of the community at large, appointed by the City Council; two (2) members of the community at large, appointed by the Carroll ISD Board of Trustees; two (2) youth members appointed by the Southlake Youth Action Commission. The committee shall serve for the period necessary to develop its recommendations, but not longer than twelve (12) months without further action by the City Council and Carroll ISD Board of Trustees. Agenda Item #4, Public Forum Sue McKean, 3007 Lake Drive, Southlake. Ms. McKean came before Council and read into the record a letter written and submitted to Council of June 24, 1997. The letter is hereby attached to the minutes of this meeting. Ms. McKean asked the City Council to place in the city's budget funds for the reconstruction of Lake Drive and Burney Lane (east of Carroll Avenue to Lonesome Dove Road). Ms. McKean stated she has been a resident of Southlake for over sixteen (16) years and has talked with City officials on numerous occasions about the problems in her area with regard to lack of street maintenance and water runoff problems. She asked the Mayor and Councilmembers for a letter from the City outlining the proposed completion dates for the Lake Drive project, including pavement, stable base material, storm drainage, increased street width and street lights. Curtis Hawk, City Manager responded to Ms. McKean by stating for the record that he has only been here for eight and one -half years and cannot speak re garding what happened prior to that. He added, during his tenure, neither Lake Drive or Burney Lane have been in the budget. In our current budget this year, the City Council did approve the projects for funding in next year's budget. Those two streets are on the approved budget list, but until this past year, when we were REGULAR CITY COUNCIL MEETING MINUTES JUNE 24, 1997 PAGE 3 OF 8 developing the budget for the current operating year, those two projects have never been high enough on the priority list of neighborhood streets to warrant the funding. The City has only been building neighborhood streets for about four (4) years now. The first neighborhood street was Post Oak Trail (in 1992), next was Jellico Circle (in 1994) and we have added one neighborhood street each year. The budget we are working on now, is the first time we have had a very aggressive program on trying to go out and identify the neighborhood streets and try to do those. As a matter of record, in our Capitol Improvement Plan for major streets, we have a ten (10) year plan that has identified $30 million dollars in streets the city needs to do. The reason we had that delay on this street section is because the sewer line will be coming down Lake Drive. We did not feel we should re surface the street this year, and then next year, when the sewer was available, tear the street up and install the sewer. The street has a 50' right -of -way; it is not the widest street in town but it is adequate width. The letter we are sending to the McKean's will explain to them the budget document and what we think our time table is. They need to realize that it will be the latter part of next year before actual construction starts, and by August 1998 the sewer line and pavement will be done. We need to ask the neighborhood for easements for this line. Once that gets done, the neighborhood will have the opportunity to have sewer if they want it. We will be getting letters out to the neighborhoods explaining this process. Mr. Hawk told Ms. McKean that she will have the letter the latter part of this week, or the first part of next week. Mayor Stacy stated anytime someone spits out an answer to you, you need to question it. The City has good intentions, but there is always unforseen delays. When this happens, it holds up the entire community. He stated when she gets the letter from the City, hold on to it and hold us to it! Curtis Hawk, City Manager, introduced Yukiko Yamazaki, from our Sister City, Toyoma, Japan, stating she will be visiting the City for about ninety days and will be doing some things for the City to enhance our Sister City relationship. Now, she is putting together a home page in Japanese. Mayor Stacy informed the Council and audience of the ground- breaking of the Timarron Village Center which will be held on Thursday, June 26, 1997 at 10:30 a.m. on Byron Nelson Parkway at F.M. 1709. The public is invited to attend. Agenda Item #5 -A, ZA 96 -162, Concept Plan for Telesupport East Campus ZA 96 -162, Concept Plan for Telesupport East Campus, being legally described as Lot 25R1, Block 1, Woodland Heights Addition, as recorded in Cabinet A, Slide 1681, P.R.T.C.T. and being approximately 2.070 acres. Current zoning is "C -1" Neighborhood Commercial District. Owner: Roy C. Lee. Applicant: G. Phillip Morley. SPIN Neighborhood #8. REGULAR CITY COUNCIL MEETING MINUTES JUNE 24, 1997 PAGE 4 OF 8 Karen Gandy, Zoning Administrator, noted this item was tabled at the request of the applicant until this date. The applicant has met all requirements in the Concept Plan Review Summary No . 1 dated January 3, 1997, Concept Plan Review Summary No. 2 dated May 16, 1997, and Concept Plan Review Summary No. 3 dated May 30, 1997, with the exception of those requirements in the Concept Plan Review Summary No. 4 dated June 20, 1997. Ms. Gandy noted, for the audience, that the property is located on the southeast corner of the intersection of F.M. 1709 at Westwood Drive. Jim Munday, applicant, 805 Patricia, Sherman. Mr. Munday stated they have done an engineering study to add the additional lane, as suggested by the City Council. Councilmember David Harris asked Mr. Munday if they will share the money they had planned to spend on the curb -cut ($18,000) and the City will pay for anything above the amount needed for the third lane on Westwood. Greg Last, Director of Community Development, stated there will be a site plan and a developer agreement at a later date on this development. PUBLIC HEARING: No comments were received during the public hearing. Motion was made to approve ZA 96 -162, pursuant to the Staff Concept Plan Review Summary No. 4 dated June 20, 1997; deleting item #1 and accepting the revised configuration of Westwood Drive; adding the restrictive island limiting the left -in onto the northern most service access dr ive to the Telesupport site; recognizing the applicant has agreed to verify the cost in the range of $17,000 - $18,000 and expend the funds to widen and make the modification to Westwood Drive, and the City's additional commitment to absorb any other costs above that amount. Motion: Martin Second: Harris Ayes: Martin, Harris, Evans, Fawks, Moffat, Stacy Nays: None Approved: 6 -0 vote Agenda Item #6 -A. Ordinance No. 678, 1st reading Annexation of Solana Ordinance No. 678, 1st reading, An ordinance of the City of Southlake, Texas, annexing the hereinafter more particularly described territory generally described as an area comprising approximately 480 acres abutting State Highway 114, known as "Solana ", and an area comprising approximately 27 acres abutting that property to the City of Southlake, Texas, and extending the boundary limits of said City so as to include said territory within said City limits and granting to all owners of property all of the rights and privileges of other citizens and binding said owners and other persons within the annexed area by all the Acts, Ordinances, and regulations of said City; approving a service plan for such territory; providing a severability clause; and providing for an effective date. REGULAR CITY COUNCIL MEETING MINUTES JUNE 24, 1997 PAGE 5 OF 8 Curtis Hawk stated this is a continuation item from June 17, 1997. On May 8, Council initiated the process to annex Solana and on May 27, 1997 Council passed the second reading of Ordinance No. 676. With that action the City accomplished the annexation of Solana into the jurisdictional boundaries of Southlake. This action tonight with the passing of Ordinance No. 678, 1st reading, will be taking a step that is procedural for the City of Southlake because we have already annexed Solana. The applicants, MaguireThomas /IBM, were present tonight to answer questions for Council, however, no comments were made. Motion was made to approve Ordinance No. 678, 1st reading. Motion: Harris Second: Martin Mayor Rick Stacy read the caption of the ordinance. Ayes: Harris, Evans, Fawks, Moffat, Martin, Stacy Nays: None Approved: 6 -0 vote Agenda Item #7 -A, Resolution No. 97 -43, Setting a Public Hearing on the Creation of Reinvestment Zone #1, Southlake. Curtis Hawk, City Manager, stated Resolution No. 97 -43 is presented to Council for consideration to place in motion the steps necessary to create a Reinvestment Zone or Tax Increment Financing District. Chapter 311 of the Tax Code required that a city give 60 days notice to the overlapping entities before approval of a Reinvestment Zone by ordinance. June 24, 1997 is the date to consider the resolution that would set the August 26 public hearing date. Upon approval of Resolution No. 97 -43, by the Council, the City will distribute copies of the resolutio n along with the Preliminary Financing and Project Plan to the overlapping taxing entities: Carroll Independent School District, Tarrant County, Tarrant County Junior College District and Tarrant County Hospital District. These entities then would designate a representative within 15 days to meet with the City. During the following 45 day period, the City would meet with entities to make a formal presentation about the Reinvestment Zone. Jim Sabonis, First Southwest Corporation, the City's financial advisor was present to make a presentation and answer questions of Council with regard to the creation of the Reinvestment Zone. According to Mr. Sabonis, the City of Southlake proposes to establish a Tax Increment Reinvestment Zone for the purpose of dedicating the tax revenue generated within the zone to a comprehensive infrastructure and facility development plan. The TIRZ is specifically defined by metes and bounds, which consists of approximately 646 acres in an area bounded by East Highland Street, North Kimball Avenue, East Southlake Boulevard (F.M. 1709) and North Carroll Avenue. The City is creating this zone to encourage quality commercial development along the Highway REGULAR CITY COUNCIL MEETING MINUTES JUNE 24, 1997 PAGE 6 OF 8 114 corridor. The area is primarily undeveloped and the City intends to capture the anticipated incremental tax revenue increase to apply to targeted public improvement projects that benefit all the overlapping taxing jurisdictions. With the creation of a Tax Increment Reinvestment Zone, property tax revenues in excess of the current appraised taxable value will be used to finance public improvements within the TIRZ Zone. The TIRZ will exist for the next twenty years or the date when all project costs are paid and the debt is retired, whichever comes first. A copy of the Proposed Tax Increment Reinvestment Zone #1 Preliminary Proj ect and Financing Plan dated June 24, 1997 is available for inspection in the Office of the City Secretary. Motion was made to approve Resolution No. 97 -43, as presented. Motion: Martin Second: Harris Ayes: Martin, Harris, Evans, Fawks, Moffat, Stacy Nays: None Approved: 6 -0 vote Agenda Item #9 -A Discussion: Placing Boards and Commission lists on the web site. It was noted this item was discussed during the work session tonight, therefore, no discussion was held during the Regular City Council meeting. Agenda Item #10, Adjournment The meeting was adjourned at 9:00 p.m. by Mayor Rick Stacy a yor Rick Stacy REGULAR CITY COUNCIL MEETING MINUTES JUNE 24, 1997 PAGE 7 OF 8 ATTEST: .I LL,/ 4 � _AA Ot sOVl/y Sandra L. LeGrand City Secretary O I-4 # ** d:\wp-files\cc\6-24-97\min\s1 REGULAR CITY COUNCIL MEETING MINUTES JUNE 24, 1997 PAGE 8 OF 8 ' i C C;" 1 . ER' \ rn a a a) Ew- c/a • V E a. C ... „, / >< I o zl -) j. 0 o Pv C °° w• era cu , ,T0 S „00,L1 PIO S E-CD V a 11 \ �► \ \ \\` \ \\ C 1 ill al 1 .--- \, cy, I 0 .\ 0 a w t-• rn \ : c... c... , . Sts1V Helld ,G3 n c2 i ,. : .. X • &� 3N0� QVOI \ Ca or wa 5 0 I _ co .s w • o cO II Qa Z t ' CQ v) fil z c w Z CD 0 cn 0 ° �, rn ° a • a E- ,CC.. 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