2003-03-18 City 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.
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
CITY COUNCIL MEETING MINUTES, MARCH 18, 2003, PAGE 2 OF 11
the average annual rate for wireless communication antenna leases to be $19,302. The
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, ls` 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; 5B; 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.
Agenda Item No. 7A. Discuss and consider action regarding ethics complaint against 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, 2 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
CITY COUNCIL MEETING MINUTES, MARCH 18, 2003, PAGE 3 OF 11
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
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
CITY COUNCIL MEETING MINUTES, MARCH 18, 2003, PAGE 4 OF 11
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.
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;
CITY COUNCIL MEETING MINUTES, MARCH 18, 2003, PAGE 5 OF 11
PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND
PROVIDING AN EFFECTIVE DATE.
Motion was made to approve Ordinance No. 480 -330a, 2nd 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
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, 1St 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, 1s 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 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
CITY COUNCIL MEETING MINUTES, MARCH 18, 2003, PAGE 6 OF 11
(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
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 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
CITY COUNCIL MEETING MINUTES, MARCH 18, 2003, PAGE 7 OF 11
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 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 t ax 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
CITY COUNCIL MEETING MINUTES, MARCH 18, 2003, PAGE 8 OF 11
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
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 116 share of
the initial construction ($205,472) and a 116 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. 10B. 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
CITY COUNCIL MEETING MINUTES, MARCH 18, 2003, PAGE 9 OF 11
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
Approved: 7 -0
Agenda Item No. 10C. 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 questi ons.
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 Tem 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
CITY COUNCIL MEETING MINUTES, MARCH 18, 2003, PAGE 10 OF 11
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:
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Lori A. Farwell r � �� •
City Secretary •••.••••••••.•�
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CITY COUNCIL MEETING MINUTES, MARCH 18, 2003, PAGE 11 OF 11
,. , r / v -
Regarding the CISD Stadium Issue p C C E 0 d
MAR 18 2003
Dear City Council, OFFICE Of CITY SECRETARY
My neighbor, Juanita Sapp, and I are in poor health and have both recently undergone medical
procedures. I hope you will forgive us if one or both of us is unable to attend the City Council
meeting to express our concerns regarding the CISD stadium issue now before you.
The attached Neighborhood Review petition is a copy of the petition submitted to Southlake City
Council three years ago during the original zoning for the CISD stadium. The City Council
Meeting minutes from March 7, 2000 (Page 19) acknowledge receipt of this petition. I have
circled two paragraphs in this petition for your consideration.
The first paragraph I circled talks to the future fence to be constructed around the future parking
lot. As you can see, the entire neighborhood believed that the school district committed to finish
building the concrete brick -look fence prior to the construction of the future parking area. They
were not alone. On the audio tapes from the March 7, 2000 meeting, members of the City
Council and Dr. Gillium of CISD both referred to the screening device as a "fence" (not bushes,
trees, or other such screening devices). .
If you read the preceding paragraphs in the attached petition, you will see that the neighborhood
argued for a real brick fence (not the concrete look alike we ultimately received). As such, it is
highly unlikely that the fence being discussed during the March 7, 2000 meeting would have been
anything other than a real brick fence or the tilt -wall, brick -like concrete fence which currently
exists.
At no time (before, during, or after the Council Meeting) did CISD attempt to correct or disagree
with this paragraph of the petition. I believe that this paragraph accurately represents the
agreement made with regard to the future screening requirements. I believe a reasonable person
would come to this same conclusion simply by looking at the unfinished concrete fence which
partially protects my neighbors to the north. When people see the fence, they ask why the fence
stops where it does. The reason, of course, is that it is not fmished.
The school is requesting to place an unlighted gravel parking lot a few feet from my house. I am
concerned that during games this lot will become an easy target for car theft or other such
activities which occur without proper illumination. Without a permanent fence to keep folks from
running through my yard to evade capture or other unlawful activities, I believe that the school
district may be creating a situation which could endanger my family's privacy and security. In
addition, given the health of the surrounding residents, I am concerned that the gravel lot and its
associated dust will pose a health hazard to me and/or my neighbors.
3 I ask that you require Carroll School District to finish the commitment they made to me regarding
this fence. I thought I was doing CISD a favor by deferring the expense of this fence to when it
would be needed; as it is now. I certainly hope that the current school board agrees.
The gravel parking lot requested by the school district should not be approved. Ordinances do
not allow this type of surface to be built anywhere else. The dust and rocks which emanate from
this type of surface will be detrimental to the use and enjoyment of my property, if not downright
hazardous. I ask that you require the school district to pave this parking lot.
0 The second paragraph I've circled has to do with the buffer yard required. As you can see, CISD
agreed to provide 50 feet of buffer next to the neighbors if the parking lot landscaped medians
were eliminated. I do not believe that CISD intends to install medians in the proposed parking
lot. As such, I request that a 50 foot buffer area be establish along our common property
boundary just as it was for my neighbors to the north. If CISD later places medians in the parking
lot, we can revisit the size of the buffer area at that time.
In the past, CISD has used the excuse of money constraints as a reason why they should not be
required to comply with Southlake Ordinances. Because the stadium will now be the home of a
professional soccer team, I believe that the school district should be held to the same standard as
any other commercial interest would be. The monies raised by the Burn games should be used to
enhance the stadium facilities and comply with city ordinances before it is spent on the operational
needs of the school. City Council should not accept the "lack of money" argument from CISD
anymore than they would from any other commercial developer. Anything less would subject my
neighbors and I to unreasonable invasion of privacy and unnecessary security exposures.
Sincerely,
. IkU 174L-6 • Air
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4-ilea k 1. - r(ii) .
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Neighborhood Review
regarding the CISD Stadium
During the first reading of /..A 99-132, we verbally addressed three concerns:
1) Screening - -
2) Buffer yard, and
31'' Curfew
Screening: The school has proposed putting slats in Mr. Kaposta's chain link fence and providing a masonry
fence (phoney brick) along the northern property line adjacent to the residents.
•
The neighbors who attended the P&Z meeting on February 3. 2000 asked for a real brick fence. According to
the staff report dated March 3, 2000, the commission discussed tree relief provisions for the applicant in
exchange for a brick fence that would border the northern properties. The proposed tree relief provisions appear
to be acceptable to the city council, however, the school is unwilling to provide the brick fence.
The district has repeatedly reiterated its desire to be a "good neighbor ". During the first reading, Dr. Gillium
mentioned that there could be drive -by shootings at the stadium site. While the fence's appearance is important,
we are concerned about its ability to withstand unruly crowds, school pranksters, and now, drive -by shootings.
the district has agreed to provide cost estimates of the different types of fencing being discussed on at least two
differentoceasions. They have not done so to date. Yet they appear quite convinced that the cost for a real
'rkk t;•,acc :mould be too high. On other issues related to the stadium. the school has indicated that cost is not
the issue; safety is.
We are concerned with our safety. Given the types of activity which may occur at the stadium, we believe That a
cedar fence (which was originally proposed by the district) is unacceptable. If the district was concerned with
everyone's safety, they would have planned some type of masonry fence to protect the neighbors at inception.
While Mr. Kaposta has agreed to waive the fence until the future parking lot is added, we believe that the record .
should reflect that a permanent fence, similar to that constructed along the northern border is to be constructed
by the district prior to the addition of the future parking lot.
In surnmary: The district will receive the tree variances exchanged by P &Z for the brick fence. The fence does
not impact the educational value or the safety of /to the athletes or fans. The district has indicated a desire to be
a good neighbor -- concerned with everyone's safety. Relative to the cost of the facility, the additional cost of a
brick fence is minuscule.
We are troubled and confused by the mixed messages being sent by the district. Given the proposed use and the
possible problems associated with such a use, we believe that a brick fence is a very reasonable request.
Buffer Ward: The district has indicated that it would be willing to provide at least 50 feet of buffer yard
between the stadium and adjacent residential lots if landscaped medians in the parking lot are eliminated.
tf the district agrees to provide an 8' brick fence, we'd agree to 50 feet. If the district is unwilling to provide
such screening, then we believe that 50 feet of buffer yard is insufficient to adequately protect the residents.
•
Curfew: We understand that CISD football and soccer games which are ending or in overtime should be r
ga
allowed to complete if they are still going at 11 pm. The staff report lists the curfew restrictions as: "Limiting
events by entities other that C1SD and City of Southlake to ending at 11:00 pm ". What prevents the district
from sanctioning/sponsoring non - athletic events in order to bypass the 11 pm curfew? We believe that the
curfew should he restated as:
No activities requiring the stadium lights and /or auditory speakers shall be allowed between
11 pm and Sam except CISD football or soccer games. No games will be allow to start after
lOpm.
All residents signing below oppose the proposed stadium ordinance No 480 -330 (LA 99 -132) for the reasons
detailed herein.
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Attention: Mayor Stacy and Council Members
From: Residents on South Kimball Avenue
Date: March 18, 2003
Re: Proposed Off Site Parking at EIS and DMS by Carroll ISD/Dallas Burn
We, the residents along South Kimball Avenue, are requesting Southlake City Council to incorporate the
following conditions as the part of the requirements in your approval to CISD's zoning request:
1. DO NOT allow Eubank and Dawson to be used as the off site parking:
Reason #1: To use the schools on South Kimball as the off site parking for about 80 buses and
cars of 200 workers will significantly impact residents. Residents have to endure the shuffling of
buses and shuttling the workers before the games, endure the noise during the games and re-
shuffling of buses and re- shuttling the workers after the games (which might well pass midnight).
The driveway exits currently point directly to the homes across the street. The headlight from
buses /cars will be intrusive to the residents. The late night disturbance will happen not only in
the weekends but also weekdays (there are at least two Wednesday games).
Reason #2: South Kimball is currently under construction at its intersection on FM 1709. There
is no direct link south to Dragon Stadium. Moreover, the construction of the full South Kimball
Avenue will be started in a few months and will sever the traffic flow. Shuffling the buses and
shuttles up and down South Kimball will only add problems and safety concerns.
Suggestion: Using old bus barn on Highland to shuffle the buses as CISD originally proposed
during the SPIN meeting and the council's meeting on March 4, 2003. Using Old Union
Elementary School for worker's parking. OES locates on East Continental Blvd. that provides a
straight link to Dragon Stadium.
` 2. Place additional officer(s) on South Kimball Avenue one hour before and after the games:
Residents on South Kimball Avenue have constantly experienced mailbox damages due to
reckless drivers and the confusion of lane placement. Out of town drivers plus the excitement of
the games (and/or other substances) might create damages more than just a few broken
mailboxes.
It is CISD's belief that the additional revenue from Burn's games will enhance the quality of the
education for their children. However, it is unfair and inappropriate to ask only non - district residents and
their children to carry the burden.
Sincerely,
Chin & Phoebe Po, 305 South Kimball Avenue
C.S. & Marilyn Johnson, 495 South Kimball Avenue
' Darrell & Donna Faglie, 505 South Kimball Avenue ff)
Jeff & Katherine Wang, 595 South Kimball Avenue J MO'
Todd & Kim Fox, 605 South Kimball Avenue
Carey & Kelly Pearson, 695 South Kimball Avenue , 1
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To: The Honorable Mayor Stacey and members of the Southlake City Council
(. 1 - ( t I I ' , is " i , /7,,-
From: Residents near the CISD Stadium
We propose that the CISD stadium SP zoning change be granted with a gravel parking lot subject
to the following conditions:
4). CISD acknowledges the .2 foot/candle requirement to the adjacent neighbors and works
diligently to attain compliance.
2). CISD completes the construction of the tilt -wall concrete fence similar to the existing fence
along the northern property line. The fence location should be modified to go north along Mr.
Kaposta's east property line until it meets the north property line of the stadium lot and then
extends to the east until it meets the existing fence on the northern property line.
3). CISD utilizes and maintains gravel material so as to provide effective dust control for the
gravel parking lot.
4). CISD barricades the gravel lot such that it will only be used during times of parking overflow
and is otherwise closed to the public.
5). A 50 foot landscape buffer will exist along the north and west residential property lines in the
gravel lot until such time as the lot is paved and the parking lot medians are installed or
alternatively, at the time of paving, CISD could omit the medians and leave the 50 foot landscape
buffer.
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.
'
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