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1999-07-20REGULAR CITY COUNCIL MEETING 667 NORTH CARROLL AVENUE SOUTHLAKE, TEXAS JULY 20, 1999 MINUTES COUNCILMEMBERS PRESENT: Mayor Rick Stacy; Mayor Pro Tem Gary Fawks; Deputy Mayor Pro Tem Ronnie Kendall. Members: Patsy DuPre, Debra Edmondson, Rex Potter and Wayne Moffat. CITY STAFF PRESENT: City Manager Billy Campbell; Assistant City Manager Shana Yelverton; Director of Economic Development Greg Last; Interim Director of Planning and Zoning Administrator Karen Gandy; Planners Chris Carpenter and Dennis Killough; Director of Engineering Services Ron Harper; Deputy Director of Engineering Services Charlie Thomas; Capital Improvements Coordinator Shawn Poe; Director of Public Safety Garland Wilson; Fire Chief Ricky Black; Police Chief Gary Gregg; Interim Director of Finance Lynn Martinson; Director of Community Services Kevin Hugman; City Attorney E. Allen Taylor Jr.; and, City Secretary Sandra L. LeGrand. WORK SESSION: The work session was called to order by Mayor Rick Stacy at 5:40 p.m. Councilmembers and staff discussed items on the agenda. The work session was video taped and recorded for future reference. The following items were discussed: Agenda Item #5-B, Authorize the Mayor to execute a professional services agreement with Teague, Nall& Perkins Consulting Engineers for construction plans and specifications for the reconstruction of South Pearson Lane and Union Church Road At the request of Mayor Rick Stacy, Charlie Thomas answered questions concerning this agenda item. Mr. Thomas stated the City of Keller committed to $506,000 of the total cost of the project. He stated the Keller City Council is also voting on this project tonight at their Council meeting. Agenda Item #5-F, Authorize the Mayor to enter into a 60-month lease agreement between Lanier Worldwide, Inc., and the City of Southlake for a color copier. Director of Public Safety Garland Wilson answered questions regarding the use of the new color copier machine. Agenda Item #5-1, Authorize the Mayor to enter into an agreement with TxDOT for construction enhancements on SH 114. Couneilmember Patsy DuPre questioned the materials to be used on the construction enhancements on SH 114. She referenced the presentation made during the SPIN meeting on the enhancements. Chris Carpenter stated it is extremely difficult to get the exact materials the highway department will be using on the masonry. Carpenter stated the representatives he has talked with regarding the masonry materials have not had an example of the project other than a picture he received by e-mail. Regular City Council Meeting Minutes of July 20, 1999 Page 1 Councilmember Rex Potter commented on his concerns stating, "That night we had bad pictures, they were hard to see and we were told that we would have another chance to modify our decisions on the materials to be used. Now here we are at a point two months away, and we don't have any examples to see. This is going to be something massive that we are going to see every day." He asked Mr. Carpenter, "What can we do?" Mayor Stacy stated it is hard to believe that they cannot get some samples for Council to look at. Mayor Stacy stated Council wants to see the product and asked Mr. Carpenter to order a panel for Council to review. Agenda Item #5-J, Developer Agreement with Four Peaks Development, for Glen Wyck Farms in the Town of Westlake. David McMahan stated he would like to work through the issues regarding this residential developer agreement. The developer agrees to pay for 100% of the 12" water line, which will run fi.om Dove Road to Peytonville Avenue. McMahan stated this water line would loop the City's system (50' east of Peytonville Avenue, taking it down Dove Road, going south on Randol Mill Road to Mockingbird Lane). McMahan stated he has the easements for this project. Agenda Item #5-K, Authorize the mayor to enter into an interlocal agreement with the Town of Westlake for temporary use of a portion of $outhlake's capacity in the Denton Creek Wastewater Treatment Plant. Mayor Stacy stated, "The way the agreement is written, for the first year we would charge our costs, and after that we will charge 2 times our costs." McMahan stated, "$335,000 is a significant cost. I don't think that our consumers would mind if there was a small surcharge on that." McMahan stated, "If Council feels a surcharge would be appropriate, perhaps a lessor number would be used, because it is our homeowners that would pay for it, not the Town of Westlake." Mayor Stacy stated his only point was to try and encourage Westlake to move forward and get their agreement worked out as soon as possible, and usually the way that happens is the citizens tell you what to do. His suggestion is to charge 1.5 the first year. Councilmember Edmondson stated she feels there is a precedent to one city charging another city more for doing that city a favor. She said, "Trophy Club charges us twice the amount their residents pay for water on the north end. I think we have some precedence to look at." She recommended charging 1.5 the first two years and then 2 the second two years and two for anything after that. Hopefully it will never get there because they will have their agreement worked out. Agenda Item #5-M, Award of bid for excavation for Town Hall. Mayor Stacy asked Director of Engineering about the two different prices in the agreement. Harper stated, "We will try to leave the dirt on site, but we do not own the on-site portion" and he suggested Council go with the higher amount on the contract. If he is able to finalize that settlement with Mr. Stebbins, it will be saving the $30,000. Agenda Item #10-D, Management Agreement for Tennis Facility. City Manager Campbell stated Director Hugman has been working with the tennis pro that Council Regular City Council Meeting Minutes of July 20, 1999 Page 2 had the work session with yesterday, and before Council is a letter of intent and schedule of fees. One of the City's goals is have tennis in the fall and this agreement will make that happen. Agenda Item #9-A, Schedule of Fees for the tennis court usage fees. Councilmember Debra Edmondson stated she would be willing to place this item on consent agenda provided minor changes are made. She proposed to eliminate the league fees of $30 per person; and on the membership fee charge $2.50 per 1-,/2 hour for league members; $250 a year for residents who want memberships granting them privileges such as discounts on retail items and unlimited access to courts; Residents 18 and under will be $75 per year; Non-residents will pay $275 annually, with those 18 and younger paying $100 annually; $500 a year for Southlake families; non-resident families will pay $550 per year. Agenda Item #10-A, Approval of General Operating and Scheduling Policies for Southlake Tennis Center. Edmondson stated on page 10A-5,//5, delete a minimum of 1-'/2 hours; instead of a maximum of 10 days in advance, change to a maximum of 7 days in advance for Southlake residents. Court reservations for non-residents shall be available by phone on a first come first serve basis, a minimum of 24 hours and a maximum of two days in advance. Edmondson stated she and Councilmember Kendall discussed these issues with Lynn Jumper, president of NETT and Sandy Swam, vice-president of TCD and they came up with these suggestions. On page 10A-6, League Scheduling, in the last sentence, it was recommended that the non- refundable be dropped. Agenda Item //10-B, Change Order No. 1 to contract with Control Specialists, Inc., for the construction of the pump station located 2, 700 feet north of Kirkwood Boulevard on the east side of T. ~. King Road. City Manager Campbell explained this issue to the City Council. Agenda Item //10-C, Authorize the Mayor to enter into a residential developer agreement for Harrell Place. Deputy Director of Engineering Services Charlie Thomas reviewed the history of this item for Council. Another issue: Robert Montgomery, 3808 Big Horn Trail, and Piano. Mr. Montgomery stated they have met with all the pa~ies who want to participate with the sewer along North White Chapel Boulevard. He stated they are all in agreement but it may take a month to get the appropriate signatures. He does not know why this issue did not make it on the agenda. They would like to be able to go forward with their project, with the understanding that they will participate in the sewer installation. It was noted the following items will be added to the consent agenda: #9-A,//10-A,//10- B,//10-C, and//10-D. The work session ended at 6:45 p.m. Regular City Council Meeting Minutes of July 20, 1999 Page 3 REGULAR CITY COUNCIL SESSION Agenda Item #1, Call to Order Mayor Rick Stacy called the Regular City Council meeting to order at 6:46 p.m. The Regular City Council meeting was video taped and recorded for future reference, and available upon request from the Office of the City Secretary. Agenda Item #2-A, Executive Session Mayor Rick Stacy advised the audience that the City Council would be going into executive session pursuant to the Open Meetings Act, Chapter 551 of the Texas Government Code, Sections 551.071 551.072 551.073, 551.074, 551.075, and 551.076, to seek consultation with the City Attorney regarding pending and contemplated litigations, to deliberate the purchase, exchange, lease or sale of real property, a negotiated contract for a prospective gift or donation to the City, to deliberate the appointments and evaluation of public officials, to confer with one or more employees to receive information from or to question the employees, and to deliberate the deployment of specific occasions for implementation of security personnel or devices. Council adjourned into executive session at 6:46 p.m. Council returned to open session at 7:28 p.m. Agenda Item #2-B, Action NecessaryfExecutive Session Motion was made to authorize staffto proceed with negotiations for the SH 114 right-of- way as discussed in executive session. Motion: Second: Ayes: Nays: Approved: Kendall Potter Kendall, Potter, Fawks, Moffat, DuPre, Edmondson, and Stacy None 7-0 vote Agenda Item #3, Invocation The invocation was given by Pastor David Whitington, Christ Our King Church. Agenda Item #4-A, Mayor's Report During the Mayor's Report, Councilmember Rex Potter reminded the City Council of the softball game between the City Council and the Carroll Independent School District and staff and trustees. There will be dinner at 5:00 p.m., and the game is to start at 6:00 p.m., on field #2 at Bicentennial Park on Friday, July 23, 1999. Second issue is the Focus Groups, which have been previously discussed between the City Council and CISD Regular City Council Meeting Minutes of July 20, 1999 Page 4 trustees. Potter provided a 1999 Bond Projects Schedule as prepared by the school district. Mayor Stacy made the following announcements: Joint City Council and CISD trustees meeting to be held on Tuesday, July 27, 1999 at 6:00 p.m., in the City Council Chambers of City Hall. The next Joint City Council and SPIN meeting will be held on August 12, 1999, at 7:00 p.m. The Chamber of Commerce Luncheon will be held on Monday, July 26, 1999, at Solana. Speaker will be Steve Simmons, TxDOT. Mayor Stacy presented a proclamation to Sherry Berman, chairperson of the Parks and Recreation Board, proclaiming July as Parks and Recreation month. Agenda Item #4-B~ Cit~ Manager's Report City Manager Billy Campbell stated there has been some conversation with the Texas Department of Transportation regarding the Kimball Avenue and SH 114 turning movements. He stated Shawn Poe has received a letter from TxDOT and has met with them, and they are willing to do some turning movements, and agreed to go a joint venture on the signage. Campbell stated he would forward a copy of the letter to the Council as soon as he receives it. Campbell stated on Thursday he will be meeting with the City Attorney and our financial advisors regarding TIF issues. He stated he would like to have a couple of councilmembers attend this session. He will notify Council of the time and place when it is determined. Agenda Item g4-C, SPIN Report Mike Conrad& 108 SpringBrook Court, Southlake, representing SPIN #14. Mr. Courads stated during the July 3, 1999, Independence Day activities at Town Square they had a great activity booth whereby over 700 people stopped by to learn about the City and the SPiN program. He stated SPIN 9e held a meeting concerning the Children's Courtyard Day Care facility being proposed and the general consensus was that the majority was opposed to that facility as it was too large and would do negative things to traffic. SPIN #6 is open and they should have a representative shortly. The July 15, 1999 SPIN Meeting was held with three (3) major topics. 1) Senior transportation issues; 2) traffic in general on F.M. 1709 and the portals on S.H. 114, and the widening of the intersections. They have assigned a "Portal Liaison" who will be attending all the portal discussions; and 3) DFW airport traffic and noise fi.om the aircraft. Mr. Courads stated SPIN #14 issues include: Traffic, Street Repairs (they have the same problems with roads as in Regular City Council Meeting Minutes of July 20, 1999 Page 5 Timarron) and asked the Council to include some money in the fiscal year budget for those repairs. Agenda Item g4-D, Parks and Recreation Board Report Sherry Berman, 818 Parkdale Drive, Southlake. Ms. Berman was present and gave the monthly Parks and Recreation report. Last month they had two park dedications, one from Remington and the other from Gateway Plaza. They also amended the fee schedules for the Southlake Tennis Center and adopted the scheduling policy. The park board would like for her to inform Mayor Stacy that they would like for the YMCA to attend a Park Board meeting where the Mayor can also attend and inform the YMCA that there is nothing the City can do for the next three (3) years. Agenda Item #5, Consent Agenda Mayor Stacy stated this is the time of the evening when Council votes on several items at one time. He informed citizens present of the procedure Council follows in voting on the "Consent Agenda" and asked if anyone had any comments or opposition to express regarding any items listed in this section of the agenda. Mayor Stacy read the consent agenda items into the record, stating Councilmembers will be adding agenda Items #9-A, #10-A, #10-B, #10-C, #10-D, to the consent agenda. He read the following items into the record: 5-A. Approval of minutes of the Regular City Council meeting held on July 6, 1999, and the Special City Council meeting of June 22, 1999. Authorize the Mayor to execute a professional service agreement with Teague, Nall& Perkins Consulting Engineers for construction plans and specifications for the reconstruction of South Pearson Lane and Union Church Road. 5-C. Authorize the Mayor to enter into an interlocal agreement with the City of Keller for reconstruction of Union Chumh Road and Pearson Lane. 5-D. Award of bid to Certerline Supply, Inc., for the purchase of a road-marking machine. 5-E. Appointment of Shan Allsbrooks to the position of Fire Reserve for the Southlake Department of Public Safety, Fire Services Division. 5-F. Authorize the Mayor to enter into a 60-month lease agreement between Lanier Worldwide, Inc., and the City of Southake for a color copier. Authorize the Mayor to enter into an agreement for School Resource Officers and DARE officers between the City of Southlake and Carroll Independent School District. Regular City Council Meeting Minutes of July 20, 1999 Page 6 Authorization for Cheatham and Associates to prepare specifications and advertise for bids for water system improvements (computer-operated valves for elevated storage tanks at Bicentennial Park and Dove Road). Authorize the Mayor to enter into an agreement with TxDOT for construction enhancements on SH 114. Authorize the Mayor to execute a residential developer agreement with Four Peaks Development, Inc., for GlenWyck Farms in the Town of Westlake. Authorize the Mayor to enter into an interlocal agreement with the Town of Westlake for temporary use of a portion of Southlake's capacity in the Denton Creek Wastewater Treatment Plant. 5-5. ZA 99-047, Plat Revision for proposed Lots 2R5R1 and 2R5R2, Block A, White Chapel Place Addition, being a revision of Lot 2R5, Block A, White Chapel Place Addition. Owner and Applicant: Stephen J. Bezner. 5-M. Award of bid for excavation for Town Hall. 5-N. Award of bid for foundation and concrete for Town Hall. 9-A. Resolution No. 99-57, Amending Fee Schedule to include court usage fees for Southlake Tennis Center. 10-A. Approval of General Operating and Scheduling Policies for Southlake Tennis Center. 10-B. Change Order No. 1 to the contract with Control Specialists Inc., for the construction of the pump station located 2,700-feet north of Kirkwood Boulevard on the East Side of T.W. King Road. 10-C. Authorize the Mayor to enter into a residential developer agreement for Harrell Place. 10-D. Approval of the Management Agreement for the Southlake Tennis Center. Motion was made to approve the consent agenda as follows: Item #5-A, #5-B, #5-C, #5- D, #5-E, #5-F, #5-G, #5-H, #5-1, #5-J that it be noted that developer has agreed to build the 2" water line in Dove Road to Randol Mill Road to North Peytonville Avenue; #5-K including the changes made during the work session, changing the rate to 1.5 for two years, and 2 for two years after that; #5-L subject to the Review Summary No. 3, dated July 2, 1999; #5-M, #5-N, #9-A, subject to the changes made during the work session with the following change, that league fees will be $250 per person per match with no disparity between residents and non-residents; #10-A, also with the changes discussed during the work session; #10-B, #10-C and #10-D. Motion: Kendall Regular City Council Meeting Minutes of July 20, 1999 Page 7 Second: Ayes: Nays: Approved: Fawks Kendall, Fawks, Moffat, DuPre, Edmondson, Potter, and Stacy None 7-0 vote ADDITIONAL INFORMATION REGARDING CONSENT AGENDA ITEMS Approval of the Minutes of the Regular City Council meeting held on July 6, 1999 and the Special City Council meeting held on June 22, 1999. The minutes were approved as presented. Authorize the Mayor to execute a professional service agreement with Teague, Nail & Perkins Consulting Engineers for construction plans and specifications for the reconstruction of South Pearson Lane and Union Church Road. Funding for the reconstruction of South Pearson Lane and Union Church Road was included in the 1997-98, and 1998-1999 and 1999-2000 Capital Improvements Program budgets for a total of $534,311. The reconstruction plan includes a 22- foot wide roadway interim section with roadway ditches and left turn lane at Davis Boulevard and FM 1709 with four concrete box culverts crossing under Union Church Road and a new 12-inch water line. The engineer's preliminary estimate of probable cost is $1,283,000. This professional services contract fee is $115,600. Authorize the Mayor to enter into an interlocal agreement with the City of Keller for reconstruction of Union Church Road and Pearson Lane. Funding for the reconstruction of Union Church Road and Pearson Lane was included in the 1997-98, 1998-99, and 1999-2000 Capital Improvements Program budget. Southlake City staff, working with the City of Keller staff, have prepared an interlocal agreement that provides for the City of Keller to participate in the cost of the reconstruction of these streets even though the streets are wholly within the City of Southlake. The interlocal agreement calls for the City of Keller to pay half of the cost of the reconstruction of the roadways for the interim section. Keller would pay for all improvements to driveways to the City of Keller residents and Southlake will pay for driveways to City of Southlake residents and all engineering costs, drainage improvements, and any water or sanitary sewer improvements that the City of Southlake adds to the projects. This same interlocal agreement is on the City of Keller agenda on July 20, 1999 for consideration and approval. Award of bid to Centerline Supply, Inc., for the purchase of a road-marking machine. Two bids were received with Centerline submitting the lower bid of $29,995 (the other bid was from Traintex, Inc., in the amount of $34,750). The Centerline bid is $995 over the budgeted amount; however, there are adequate funds in the Street and Drainage Division Budget to cover the additional amount. Regular City Council Meeting Minutes of July 20, 1999 Page 8 Appointment of Shan Allsbrooks to the position of Fire Reserve for the Southlake Department of Public Safety, Fire Services Division. The Southlake Department of Public Safety encourages and invites residents to participate in a variety of programs. The Fire Reserve program is authorized by City Ordinance No. 554 and falls under the direction of the Chief of Fire Services. Fire Reserve officers must complete thirty-two hours of service in the community each month to remain active. Reserves are assigned to a shift, perform daily duties, and respond to fire and EMS emergencies. Shan Allsbrooks has made application and has successfully completed the entrance exam and pre-employment testing. He has completed the Fire Academy and Emergency Medical technician school and he is continuing his education at Tarrant County Junior College with the goal of achieving a paramedic license. Authorize the Mayor to enter into a 60-month lease agreement between Lanier Worldwide, Inc., and the City of Southlake for a color copier. Fire Services budgeted for the purchase of a color copier/printer ($5000) in the current fiscal year. The DPS currently utilizes a box map system to expedite emergency response delivery to the citizens of Southlake. The rapid growth of the city creates the necessity to update these maps annually at a cost of over $9,000. The box maps are also used for mutual aid when other cities respond to emergencies in Southlake. The city does not have the capability to produce multiple color copies without using commercial printers and the Lanier 5706-E copier will provide an economical alternative to commercial color printing. In addition, the copier interfaces with the citywide network, thereby allowing all authorized users to print color or black and white images from any workstation in the city. Authorize the Mayor to enter into an agreement for School Resource Officers and DARE officers between the City of Southlake and the Carroll Independent School District. School Resource Officers and DARE Officers participate in school activities providing a positive influence and leadership role to the citizens of Southake, CISD faculty, and students. They maximize the opportunity of being a Police Officer without the negativism perceived with enforcement action. The City of Southlake and Carroll Independent School District have participated over the past several years with the joint funding of School Resource Officers and DARE officers. Salaries of six (6) personnel are reviewed and the costs associated with the personnel are agreed to by each party (City and CISD) and contractually split. Generally, DARE officers salaries are split 50/50 between the parties and SRO personnel are split 75/25 (CISD 75% and City 25%). Any portions of salaries not completely covered by grants from outside sources are split equally between the parties. Authorization for Cheatham and Associates to prepare specifications and advertise for bids .for water system improvements (computer-operated valves for elevated storage tanks at Bicentennial Park and Dove Road). The pump station located on T.W. King Road controls the water levels in the city's existing elevated water storage towers. When the second pump station is completed this Regular City Council Meeting Minutes of July 20, 1999 Page 9 fall, valves will need to be added to the four water storage facilities on the low pressure plane to coordinate the functions of both pump stations. These valves will be added to the T.W. King and Miron tanks during construction and need to be added to the towers located at Bicentennial Park and Dove Road before the second pump station becomes operational. The tower computer operated valves are expected to cost approximately $75,000. There are adequate funds in the current water utility operations budget to handle this expenditure. Authorize the Mayor to enter into an agreement with TxDOT for construction enhancements on SH 114. In May the City Council was briefed on the range of SH 114 construction enhancements that the State would consider as part of the highway reconstruction. At that time, proposed enhancements and rough estimates of costs were provided, and the City Council gave approval to proceed with these enhancement requests. TxDOT has estimated the city's portion of the estimated cost of the enhancements to be $211,516 for the Kimball Avenue project. This amount must be escrowed with TxDOT prior to the August bid letting for this project. The permanent funding for the enhancements to this project will be issued from the sale of bonds approved in the May bond election. Authorize the Mayor to execute a residential developer agreement with Four Peaks Development, Inc., for GlenWyck Farms in the Town of Westlake. As agreed upon during the work session tonight, Four Peaks Development, Inc., partner David McMahan agreed to pay 100% of the 12" water line which will run from Dove Road to Peytonville Avenue. McMahan stated this water line would loop the City's system. McMahan stated the easements for this project are in place. Interlocal Agreement with g~estlake for temporary use ora portion of Southlake's capacity in the Denton Creek Wastewater Treatment Plant. Southlake and Westlake have entered into an interlocal agreement for a sanitary sewer line to service the N-1 or Kirkwood Branch basin. The agreement allows Westlake to transport wastewater via the N-1 sewer line and the Denton Creek Wastewater Interceptor Pressure System to the Trinity River Authority (TRA) Denton Creek Wastewater Treatment Plant with the payment of certain fees to the City of Southlake. A copy of the memorandum dated July 16, 1999, to the City Manager from Bob Whitehead, Director of Public Works, is hereby attached to the minutes of this meeting. ZA 99-047, Plat Revision for proposed Lots 2R5R1 and 2R5R2, Block A, White Chapel Place Addition, being a revision of Lot 2R5, Block A, White Chapel Place Addition. Owner and Applicant: Stephen J. Bezner. Current Zoning is "SF-1A' Single Family Residential District. This item was approved subject to the Plat Review Summary No. 3, dated, July 2, 1999. Award of bid for excavation for Town Hall. The low bidder for the excavation and soil retention system is C. Watts and Son in the total amount of $139,405. Regular City Council Meeting Minutes of July 20, 1999 Page 10 iO-A. IO-B. IO-C. This amount does not reflect potential savings of $30,304 if the City is able to dispose of the soil on site. Beck Company, the construction management consultant for the City, prepared the estimate. Funding for this project is available through TIF. Award of bid for foundation and concrete work for Town Hall. This portion of the Town Hall project was advertised and two bids were received. The low bidder for this work was TAS in the amount of $989,730. The estimate prepared by our construction management consultant, the Beck Company, was $1,032,421.52. Resolution No. 99-57, Amending the Fee Schedule to include court usage fees for the Southlake Tennis Center. The fees were amended per the discussions held in the work session tonight, and amended in the motion to approve this item. A copy of the memorandum dated July 16, 1999, from Kevin Hugman, Director of Community Services, is hereby attached to the minutes of this meeting. Approval of General Operating and Scheduling Policies for the Southlake Tennis Center. The policies were presented were amended during the work session tonight. See the work session comments in the minutes of this meeting. Change Order No. 1, to the contract with Control Specialists, Inc., for the construction of the pump station located 2, 700feet north of Kirlavood Boulevard on the east side of T. tV.. King Road. The City is currently constructing Pump Station No. 2 on T.W. King Road. The pump station contract was awarded to Control Specialists, Inc. of Roanoke on December 15, 1998 in the amount of $1,994,000. At the time the pump station was awarded, the City had anticipated to have the 24" transmission line from Trophy Club completed at or near the same time as the pump station, which supplies water to the pump station. The City has been unable to obtain the needed easements from Circle T to build the 24" transmission line and the pump station is scheduled to be complete in September 1999. In order to operate and utilize the pump station without the 24" transmission line from Trophy Club, provisions have to be made at the pump station. At this point, the future 24" transmission line from Trophy Club will be connected in the future. Change Order No. 1 totals $60,222. The cost for the value, which is $8,931, has previously been funded as part of the 24" transmission line from Trophy Club contract. The 24" transmission line from Trophy Club project has been bid and awarded by Council; however, the contracts have not been executed. The unit cost for the value in that contract is $17,000. The electronically motorized tank supply line valve is $51,291. There are funds available in the CIP for this change. Harrell Place, Residential Developer Agreement. In the summer of 1998 the property owners who have the open ditch in their yards appeared before the City Council and complained about the Harrell Place development because they objected to the proposed plan of the Harrell Place storm sewer pipe ending in the Regular City Council Meeting Minutes of July 20, 1999 Page 11 open ditch in lieu of remaining in an underground pipe as it flowed through their property. The developer's engineer estimates the cost of installing the storm sewer pipe (four 27-inch plastic pipes) in lieu of the open ditch to cost approximately $67,800. The developer will request that the City reimburse him for the cost of the four 27-inch storm sewer pipes which are each approximately 400-feet long. The original open ditch constructed through Cimmarron Acres Addition was designed to carry the storm water nm-off and approved by the City. On June 7, 1999, the Park Board approved a park fee of $1,000 per lot for 6 lots or $6,000. If the City Council approved City participation in the drainage improvements, approximately $9,600 of inspection fees could be waived, leaving $58,200 to reimburse the developer. 10-D. Management Agreement for the $outhlake Tennis Center. The Management Agreement between the City of Southlake and Joe Snailum was agreed upon and the revised agreement was approved during this meeting. The agreement stated Snailum will collect 75 percent of court and membership fees, and the city will collect the remaining 25 percent. The contract expiration date will be three years after the beginning of the contract with automatic renewals. Other issues in the agreement were considered during the last City Council meeting. Agenda Item #6, Public Forum Pamela Muller, 214 WestwoodDrive, Southlake. Ms. Muller stated she is here tonight as the Airport Liaison for the City to help address the concerns of Dawn Schindler who presented a petition to the City regarding the noticeable increase of over-flight of approaching jets and commuters into the DFW Airport. She stated she was at the airport and looked at the monitors and screens and side tracts. There was a problem with planes flying over Southlake at 6:00 a.m. She stated she believes there is something that the City can do to prohibit flights at that hour of the morning. She stated the airport did agree to put a monitor in the yard of Mr. Schindler to help monitor the aircraft. Councilmember Ronnie Kendall stated she too has been heating some complaints about air traffic. Council discussed this with the City Attorney who stated the City is very limited as a municipality by the fact that the City cannot regulate federal air space. She stated, "Since we are limited legally, could we do something politically. If we could as a Council contact our congressman. I want to do what we can to help these people." City Attorney, E. Allen Taylor, Jr., stated, "The difficulty we face is the city has a great deal of discretion in the footprint of an air facility, that is privately owned or is owned by an entity that we have jurisdictional control over for zoning. DFW as we learned by the litigation Grapevine brought, that they are a separate airport authority created under a separate statute and we have no zoning authority over them. If it is an entity that we have authority over, we can control where the footprint goes. The difficulty is, once the aircraft leaves the landing pad, once it enters the air, it is under the control of the FAA. Cities have control over the landing point, but once it takes off, it is under the FAA control. If we want to have an impact we need to be talking to congressional Regular City Council Meeting Minutes of July 20, 1999 Page 12 representatives or the FAA Regional Director about concerns, questions, or problems that we are having. They then, are suppose to place that in their planning program when they design new routes." The most effective method historically, is to get to the congressional representatives. Mr. Taylor stated he feels a letter would be better. Councilmember Potter suggested staff draft a letter outlining our concerns. Taylor stated we should get a letter on the congressional desks. Agenda Item #7-A, Ordinance No. 480-314, 2nd Reading (ZA 99-038) (8:00 p.m.) Ordinance No. 480-314, 2nd Reading, (ZA 99-038), Rezoning on property legally described as a portion of Tract 1 situated in the John Childress Survey, Abstract No. 253, and being approximately 5.270 acres. Current zoning is "AG" Agricultural District with a requested zoning of "RE" Residential Estate District. Owner and Applicant: Phillip D. Fanning. Senior Planner Chris Carpenter presented this item, noting that eight (8) notices were sent to property owners within the 200' notification area and two (2) responses were received from: William ~.. and Susan Purves, 1218 Morgan Road, Southlake, in favor; and, P.B. Moore Jr., 1221 Morgan Road, $outhlake, opposed, "Possible addition of street into Morgan Road." Cynthia Fanning, owner of the property. Ms. Fanning stated her husband's mother bought thirty-five (35) acres in this area and over the years, as she sold off parcels of the property, she allowed herself to get separated from the road frontage and only has a driveway. Ms. Fanning stated her mother-in-law passed away last year and her husband inherited the property. Because of taxes, it has created a financial hardship for them, therefore they are selling off five acres with a residential estate zoning where he would build one home, and that would make them very happy. She stated she feels there would be benefits to the City, in that the density would remain low and they would provide a nicely wooded tract of land in that location as well. Mayor Stacy stated he feels it is a good plan, "but as the City Attorney pointed out, at some point and time, if this were to be subdivided out again, I wonder when this is going to be time?" Ms. Fanning stated the Planning and Zoning Commission asked about the same issue. Mayor Stacy stated he feels this is a good plan, but the owners need to understand that if they sell the property, they are responsible for the driveway. PUBLIC HEARING: No comments were made during the public hearing. Motion was made to approve Ordinance No. 480-314, 2nd reading. Motion: Moffat Second: Edmondson Ayes: Moffat, Edmondson, Potter, Fawks, Kendall, DuPre, and Stacy Nays: None Regular City Council Meeting Minutes of July 20, 1999 Page 13 Approved: 7-0 vote Agenda Item #7-B, Ordinance No. 480-135, 2nd Reading, (ZA 99-039) (8:10 p.m.) Ordinance No. 480-315, 2n~t Reading, (ZA 99-039), Rezoning on property legally described as a portion of Tract 1 situated in the John Childress Survey, Abstract No. 253, and being approximately 3.093 acres. Current zoning is "AG" Agricultural District with a requested zoning of"SF-1A" Single Family Residential District. Owner and Applicant: Phillip D. Fanning. Senior Planner Chris Carpenter presented this item stating that six (6) notices were sent to property owners within the 200 foot notification area and no written responses have been received. He stated that the change of zoning to the "SF-1A" Single Family Residential District does not require a concept plan review by staff. Cynthia Fanning, owner and applicant. Ms. Fanning stated this the tract of land where they now live and will continue to live. PUBLIC HEARING: No comments were made during the public hearing. Motion was made to approve Ordinance No. 480-315, 2nd reading. Motion: Second: Ayes2 Nays: Approved: Edmondson Moffat Edmondson, Moffat, DuPre, Potter, Fawks, Kendall, and Stacy None 7-0 vote Agenda Item #7-C, ZA 99-040, Plat Showing of Proposed Lots 3 & 4, J. Childress No. 253 Addition. ZA 99-040, Plat Showing of the proposed Lots 3 & 4, J. Childress No. 253 Addition, on property legally described as Tract I situated in the John Childress Survey, Abstract No. 253, and being approximately 8.369 acres of land. Current zoning is "AG" Agricultural District. Owner and Applicant: Phillip D. Fanning. Senior Planner Chris Carpenter presented this item noting that eleven (11) notices were sent to property owners within the 200"notification area and two (2) written responses were received from: William ,1.. and Susan Purves, 1218 Morgan Road, Southlake, in favor; and, P.B. Moore Jr., 1221 Morgan Road, Southlake, opposed, "possible addition of street into Morgan Road." The Planning and Zoning Commission approved this item on June 17, 1999, (6-0 vote), subject to the Plat Review Summary No. 3, dated June 11, 1999, deleting Items #1 (lotting requirements, i.e.: lots shall abut a public or private street; minimum lot width; and perpendicular or radial lot lines) and #2 (Cul-de-sac right- of-way). Regular City Council Meeting Minutes of July 20, 1999 Page 14 Cynthia Fanning, Owner and Applicant. Ms. Fanning explained the need for the variances. Dennis Killough, planner, explained the need for a fire hydrant to be installed before the building permit is issued. Motion was made to approve ZA 99-040, accepting the recommendation of the Planning and Zoning Commission; granting all the variances in #la, #lb, and #lc. Motion: Second: Ayes: Nays: Approved: DuPre Moffat DuPre, Moffat, Edmondson, Potter, Fawks, Kendall, and Stacy None 7-0 vote Agenda Item #7-D, Ordinance No. 480-313, 2na Reading, (ZA 99-056), Rezoning for Sabre Group Campus (8:20 p.m.) Ordinance No. 480-313, 2na Reading, (ZA 99-056), Rezoning and Concept Plan for Sabre Group Campus, on property legally described as Lot 4, Block A, MTP-IBM Addition No. l, an addition to the City of Southlake, according to the plat recorded in Volume 388- 211, Page 68 & 69 of Plat Records, Denton County, Texas: and as recorded in Cabinet G, Page 208, Plat Records, Denton County, Texas; Tracts 1,1Al, lC, 2Al, 2332, 2A3, 2A4, 2A5, 2A7 and portions of Tracts 2A and 2A6 situated in the U.P. Martin Survey, Abstract No. 1015; portions of Tracts I and lC situated in the James B. Martin Survey, Abstract No. 1134; and portions of Tracts 3Al, 3A1A, 3AIA2, 3A3A1, 4B, 4B1 and 4B2, situated in the Rees D. Price Survey, Abstract No. 1207, and being approximately 154.8 acres. Current zoning is "R-PUD" Residential Planned Unit Development District and "NR-PUD' Non-Residential Planned Unit Development District, with a requested zoning of "NR-PUD" Non-Residential Planned Unit Development District with "0-2" Office District uses and certain other permitted and accessory uses set forth in Exhibit "B", Planned Unit Development Standards which are generally related to communication, computer, and information technologies; training and conference centers; parking structures; heliport/stop and verti-port/stop; hotel, restaurant, retail and office uses. Applicant: The Sabre Group, Inc. Owners: Maguire Partners- Solana Limited Partnership and International Business Machines, Inc. This item was video taped and recorded for future reference as part of the minutes of this City Council meeting. Zoning Administrator and Interim Planning Director Karen Gandy stated seven (7) notices were sent to property owners within the 200' notification area and no written responses have been received. Ms. Gandy stated we will be working fi.om Concept Plan Review Summary No. 3, noting the summary has been divided into three (3) sections: Section 1: PUD Development Standards; Overview and permitted Uses, PUD Sections 1-7 (pages 1-8 PUD Document); Section II:PUD Development Standards; Development Regulations, PUD Section 8-17 (PUD Documents 8-14); and Section III: Plans Review Summary (Graphics). Regular City Council Meeting Minutes of July 20, 1999 Page 15 Ike Shupe, Attorney for Sabre Group. Mr. Shupe reviewed the issues in the Concept Plan Review Summary No. 3, and received comments and questions fi.om the City Council on items of concern. PUBIC HEARING: Kathryn Meisl, 406 Marshall Road, (Kirkwood Hollow) Southlake. Ms. Meisl stated she is pleased that Sabre has chosen Southlake for their new headquarters, but as a new homeowner in Kirkwood Hollow, she has some concerns over some of the proposed plans. Because there are only a few homes completed, the concerns may not be heard. She stated she lived near a private airport in California that had few regulations and it became extremely annoying and it adversely affected the home values. She stated she wants to be sure that this does not happen again. She asked: 1) if all landings and take- offs were self regulated? Will there be limitations to the hours of landings and take-offs? She stated she understands that SH 114 will be the flight path but in bad weather will that path change because of the weather? If the heli/port is built, when will it be completed and is it necessary to their business? 2) Has there been a study on how the extensive communication needs affect their residences? BoydDollar, 525 Brooks Court, Southake. Mr. Dollar stated he waited to talk because he has heard nothing on a time limit or constraints on the construction entrance on North White Chapel Boulevard. He asked what happened to the alternate routes? Mayor Pro Tem Fawks stated they would use the North White Chapel entrance for a maximum of six months. Director of Engineering Services Ron Harper stated these issues would be covered in the Developer Agreement, which will also cover the clean up of the road. Mr. Dollar stated as long as the issues will be addressed. Martin Schelling, 2665 North White Chapel Boulevard, Southlake. Mr. Schelling stated when there is activity at the Texas Motor Speedway, the helicopters are steady. The noise is already there. He does not want the City to give them carte blanche, but to put restrictions on the number of flights. Richard Kulhman, Maguire Partners. Mr. Kulhman commented on the wind conditions on SH 114, stating, "Using SH 114 as a primary departure and access point, you should not have a problem with the flights." Public hearing closed. Council adjourned for recess at 10:15 p.m. Council returned to open session at 10:30 p.m. Regular City Council Meeting Minutes of July 20, 1999 Page 16 Motion was made to approve Ordinance No. 480-313, 2nd reading (ZA 99-056), subject to the Concept Plan Review Summary No. 3, dated July 16, 1999, accepting the following items as proposed with amendments as noted: IIA1, IIA2 changing Kirkwood Hollow to Kirkwood Boulevard, in Section 17A; IIA3, IIA4, IIA5, I1Bla, IIB2, lIB4, IIB5, IIC, adding a new second sentence proposed by the applicant in the response chart dated July 20, 1999, and to read as follows: "There shall be no minimum floor area for any individual shop, store, business, or other use or any minimum floor area for any separate building or structure"; IIDI, IID2, IID3, IIE1, IIE2, IIE3, IIE4, IIE5, IIF1, IIF2, IIF3, IIF4, I1F5 and IIF6, amending the second and third sentences of Section II to read as follows: "No screening shall be required from any rights-of-way within the property, and no screening shall be required for any surface parking lots or for any parking structures, except as required by Section 17A. Screening shall be accomplished with masonry, dense landscaping, or any combination thereof; IIG, IIH, III, IIJ, IIK1, amending the first sentence to read as follows: "None of the standards included in the Driveway Ordinance No. 634, as amended, shall apply to the property; unless new driveways are constructed on public rights-of-way"; IIL, IIIA1, IIIB1, and IIIB2; deleting items IB, IC and IIF7; modifying items: IIIB6 (moving item to Informational Comments section per staff's request) and, IIIC, changing to a 30' building line along the White Chapel access, reformatting Section II 7B, C & D by changing C & D to IIB1 and IIB2, respectively; and, amending the "Accessory Uses on Separate Building Sites" section to allow only one (1) of the following uses within the property: either 1 Heliport/Vertiport or 1 Helistop/Vertistop and limiting the number of take-offs and landings to a cumulative total of 120 trips per calendar year (with a trip being defined as either 1 take-offor 1 landing). Motion: Potter Second: Moffat Ayes: Potter, Moffat, DuPre, Edmondson, Fawks, Kendall, and Stacy Nays: None ge Shupe stated, "We started this on a pretty aggressive schedule a few months ago. At the time I met with your staff. I get to see people all around the MetroPlex and around the State, and I do not know if you take them for granite, if you do, you should not. This has been a real team effort with all the staff, and to the extent that there is a success, it really is a '%ye" effort. Not only have they been thorough and professional but they have been real helpful, and staff's are not often helpful to you. I want to pass on to you and to the staff, not only my compliments from Sabre Group but from me as well. If they had not put out the effort we would not be here tonight. They deserve a pat on the back and we appreciate it." Approved: 7-0 vote Agenda Item #7-E, Resolution No. 99-58, Providing Tax Abatement for Sabre Group, Inc. (10:30 p.m.) Regular City Council Meeting Minutes of July 20, 1999 Page 17 Resolution No. 99-58, Modifying the terms and conditions of agreements by and among the City of Southlake, Texas, Maguire Partners-Solana Holdings, L.P. Maguire Partners Westlake Partnership, and The Sabre Group, Inc. establishing and providing tax abatement; authorizing its execution by the Mayor, and providing an effective date, was presented by Director of Economic Development Greg Last. Mr. Last stated there have been several months of good-faith negotiations related to this project, more recently regarding the rezoning of the property. The negotiations during the rezoning raised a collective awareness regarding the need to modify the tax abatement agreement as it related to the types of uses that would be granted abatements. Mr. Last reviewed the additional minor changes needed, all of which are summarized as follows: · Entity Name Change: The entity "Maguire Partners Solana Limited Partnership" changed to "Maguire Partners-Solana Holdings, L.P." throughout the document. Commercial Business Issue: Additional language added to address the mutual intent that commercial businesses such as restaurants or hotels that were open to the public would not be granted tax abatements. Premises Exhibit Change: As mentioned in the presentation concluding the approval of the prior agreement, we should anticipate periodic changes to the "premises" exhibit as their construction schedules change. The agreement reflects a change from seven (7) promises to eight (8) premises. This should have no material impact on the City because we had intended to allow abatements as the buildings were constructed, still not granting any abatement after January 1, 2008. Motion was made to approve Resolution No. 99-58. Motion: Second: Ayes Nays: Approved: Fawks Potter Fawks, Potter, Kendall, Moffat, DuPre, Edmondson, Stacy None 7-0 vote Agenda Item #7-F, Ordinance No. 750, 2~a Reading, Abandonment of Utility Easement and Temporary Construction Easement on T.W. King Road. Ordinance No. 750, 2nd Reading, Abandonment of utility easement and temporary construction easement of T.W. King Road, Lot 1, Block A, MTP-IBM Addition No. 1, was presented by Ron Harper, Director of Engineering Services. Mr. Harper stated in order to construct the 24-inch transmission water line from Trophy Club to the T.W. King pump station, several utility easements were required to be obtained. One such easement is across Lot 1, Block A, of the MTP-IBM Addition N. 1. The surveyor inadvertently misidentified Texas Utilities as the rightful property owner on Regular City Council Meeting Minutes of July 20, 1999 Page 18 the easement document when in fact the rightful owner was Maguire Thomas Partners. The City is in the process of acquiring the easement fi.om the rightful property owner. PUBLIC HEARING: No comments were made during the public hearing. Motion was made to approve Ordinance No. 750, 2nd reading, as presented. Motion: Second: Ayes: Nay: Approved: Fawks DuPre Fawks, DuPre, Edmondson, Potter, Kendall, Moffat, and Stacy None 7-0 vote Agenda Item #1 l-A, Discussion: Outdoor Lighting Regulations Department of Public Safety Coordinator Malcolm Jackson presented the proposed Outdoor Lighting Regulations, stating, this ordinance was originally requested by former Couneilmember Pam Muller to provide guidelines for commercial lighting requirements compatible with adjacent residential property. City Plans Examiner Chuck Bloomberg met with former Councilmember Muller and Mayor Stacy at least twice, and developed the basic text of this ordinance. During the development of this ordinance, the City experienced a significant lighting issue at the Tetco Convenience Store, further identifying lighting issues. The proposed ordinance establishes measurable limits on outdoor lighting projecting onto private property from commercial establishments. The proposed ordinance also exempts single family homes from the lighting requirements and requires City Council approved for any temporary special effects lighting. The Planning and Zoning Commission is scheduled to review the ordinance provisions and discuss the lighting regulations with a public heating set at the July 22, 1999, P & Z meeting. Mr. Jackson told City Council he had four questions he would like the City Council to consider: 1) Does Council wish to address residential lighting from one neighbor to another, i.e. tennis courts?; 2) Does the Council want to give temporary approval of lighting, or permitting?; 3) Does the Council want the ordinance to regulate public lighting, including, parks, tennis courts, and ball parks to residential neighborhoods?; and, 4) What other issues does the City Council wish to address? Members of the City Council expressed that they feel the City should hold the same standards as for others. Regular City Council Meeting Minutes of July 20, 1999 Page 19 Agenda Item #2-A~ Executive Session Continued Mayor Rick Stacy advised the audience that the City Council would be going into executive session pursuant to the Open Meetings Act, Chapter 551 of the Texas Government Code, Sections 551.074, and deliberation regarding personnel matters. Council adjourned to executive session at 11:05 p.m. Council returned to open session at 11:30 p.m. Agenda Item #2-B~ Action Necessary/Executive Session Motion was made to raise the Municipal Court Judges' salary to a base of $39,000 per year. Motion: Second: Ayes: Nays: Approved: Kendall DuPre Kendall, DuPre, Edmondson, Potter, and Fawks Mo ffat, Stacy 5-2 vote Agenda Item #12, Adjourned The Regular City Council meeting was adjourned at 11:35 p.m. ATTEST: xxx~g,~..~a L. LeGrand r~,<_.~'"'"'~.~cretary Regular City Council Meeting Minutes of July 20, 1999 Page 20 JUL —W -1999 17 :19 LAW FIRM 817 332 4740 P.02/03 TAYLOR, OLSON, ADYKINS, SRALLA & ELAM, L.L.P. ATTORNEYS AT LAW TELEPHONE (817} 332 -2580 C0 THROCKMORTON STREET FAX (817) 332-4 400 BANK ONE TOWER "FORT WORTH. TEXAS 76102 -3821 WAYNE K. OLSON July 20, 1999 VIA FAX TRANSMISSION Ms. Karen Gandy City of Southlake 1725 E. 1709 Southlake, Texas 76092 RE: City Preemption by Federal Aviation Administration Dear Karen: You asked for this office to give you a written opinion on whether the City of Southlake would be preempted by the Federal Aviation Administration (FAA) from regulating certain aspects of aircraft overflight. In particular, the city is interested in assuring that the take off and landing of helicopters from the SABRE property be conducted in a manner that will not unreasonably interfere with the use of adjacent residential properties. In particular, it is the city's desire to prohibit helicopters from flying over adjacent residential areas to the extent such a regulation is not preempted by the FAA. Based upon the limited research that I have had the opportunity to do, it is my opinion that the city may properly zone the locations where heliports or vertiports are permitted, but may not regulate the flight of aircraft from these heliports. The general rule is that the federal government regulates aircraft and airspace pervasively, preempting regulation of aircraft. Based upon this preemption, a number of cases have invalidated local ordinances that have attempted to regulate noise aspects of aviation. See, City of Burbank v. Lockheed Air Terminal, Inc., 411 US 624 (1973); City and County of San Francisco v. FAA, 942 F. 2d 1391(9' Cir. 1991). Almost universally, city and other governmental ordinances attempting to regulate different aspects of aircraft flights have been held preempted. See, e.g. Command Helicopters, Inc. v. City of Chicago, 691 F. Supp. 1148 (N.D. III. - Eastern Division 1988) (City ordinance regulating external lifting by helicopters was preempted.); Price v. Charter Township of Fenton, 909 F. Sapp. 498 (E.D. Mich. • Southern Division 1995) (Township ordinance prohibiting owner of airport from allowing more than four take -offs and landings of-a plane with a jet engine was preempted.); Blue Sky Entertainment, Inc. v. Town of Gardiner, 711 F. Supp. 678 (ND. NY 1989) (Municipal ordinance governing flight paths of aircraft and parachute jumping was preempted.). In Command Helicopters, supra, the federal court cited the U.S. Supreme Court precedent of City of Burbank v. Lockheed Air Terminal, Inc., supra and noted that, although that case arose in a context of local noise regulations rather than a helicopter engine ordinance, the case was still precedent in light of Section 1108(a) of the Federal Aviation Act of 1958 which states: "The United States of America is declared to possess and exercise complete and exclusive national sovereignty in the airspace of the United States ... ." K- WBRAxytSo,H,Iake 11TTERSpndy.o26.W+pd JUL -20 -1999 17:20 LAW FIRM MS. A4rcu vauuy 817 332 4740 P. 03/03 July 20, 1999 Page 2 I hope the above discussion is useful in helping you and the council address issues related to the SABRE project. I will be glad to do more thorough research on this topic as time permits. In the meantime, if you have any questions regarding tonight's meeting, please let me know. Very truly yours, /c. deortg- . Wayne K. Olson WKO/kb TOTAL P.03 Timber Lake Homeowners Association c/o SBB Management Company 5728 LBJ Freeway, Suite 460 Dallas, TX 75240 July 12, 1999 12 JUL 2 01999 Mayor Rick Stacy and City Council ti OFFICE OF CITY SECRE7ARYV City of Southlake 667 N. Carroll Road Southlake, TX 76092 Dear Sirs: A problem affecting our roadways is the deterioration of the subsoil surrounding the deep sanitary sewer lines that is resulting in the collapse of the concrete roadways. The cracked and collapsed roadways present both an eyesore and a safety issue within our community. The temporary asphalt patching that is being used presents an eyesore within the community as the streets are patched in mosaic fashion. The continuing cracking of the roadways and the erosion of the temporary asphalt patching has caused several accidents in our community where joggers and bladders have tripped over the cracks. Fortunately, none of the accidents so far have been serious. Through our SPIN rep, Mike Conrads, we are informed that the City is budgeting for more permanent repairs in 2000 where the asphalt patches would be removed and concrete sections installed with any necessary subsoil work. On behalf of the residents of the Timber Lake community in Southlake, we request that Timber Lake be included in the street repair plans in 2000 for this more permanent concrete repair. We look forward to a review of this request by the City Council and DPW. Please contact Peter Gaal or Lora Compton, SBB Management (972- 960 - 2800), at the phone numbers listed with any questions that may arise from this request. Sincerely, for the Timber Lake Homeowners Association Board --iy7)Lcetit Peter Gaal Board President 424 -1471 Page 1 of 1 0'/16/1999 16:57 817 491 -3601 M JAYNE AIR RACE PAGE 01 Patricia Jayne Keck! 216 Froth al adowDri►c Trophy Chtbt Tern, 76262 617491.1 Z har: 817-491.01 E-mail: pkeatar.ibmaset July 16, 1999 City Council City of Southlake vi 7- fig$ - 9 3 7 4 Dear City Council: I've read that American Airlines/Sabre is seeking to close parts of Kirkwood and T.W. King so that they can increase the security of their premises. I drive and my husband drives those roads just about everyday and I have the following objections, remarks and alternatives. I am unable to attend the Tuesday meeting and am asking that this fax be read to the Council u input to your decision. OBJECTION 1: These are public roads and a significant amount of traffic use them each day to reach eastbound 114. There is no readily available alternative to these roads. Closing the roads will be a major inconvenience to the public. OBJECTION 2: Taxpayers paid to construct these roads. What gives this company the right to effectively take taxpayer's money? If American/Sabre bought land, created a development and built roads with their own funds, then they can have them be private. But to essentially take 'my' (as a taxpayer) road is not appropriate. REMARK 1: The Solana development was built by IBM and Maguire Thomas. As an IBM employee, I know how secu- rity conscience IBM is. When IBM occupied the same premises, they provided their own security within the building. REMARK 2: I sec American/Sabre as being extraordinarily arrogant in seeking to take public assets such u roads and use them for their own private purposes. I'm assuming that American/Sabre knew about the security re- quirements when they choose the property. I heard that they are now threatening to take their development elsewhere. I call these bully tactics. If they weren't up front about this road closing requirement, then shame on them for poor planning. They should not attempt to bully or inconvenience the citizens but seek an alternative. ALTERNATIVE 1: If American is concerned about security, they can ask IBM how they secure-their premises and mimic that SUCCESS. ALTERNATIVE 2: If they feel they must create ugly fences to secure their premises then they can tunnel under the road to connect the buildings and fence what their own property without closing the roads. Thank you for your time. Sincere weirec., �g • is Jayne Keefer ( tm an Background _ • There has been a noticeable increase in over -flight of approaching jets and commuters (propeller) into DFW airport. Areas affected include Monticello and Monticello Estates, Timarron, Stone Lakes, and Timberlake. These are some of the most developed areas of Southlake for residential housing. • Intersection of commuters and jets over Timberlake with as many as one flight every 10 seconds during peak times. • After meeting with FAA and DFW representatives it was stated that no change would be made in aircraft headings or positioning of aircraft to other areas. However, most neighbors have claimed a noticeable increase meaning that flights that once flew over other areas now flyover Southlake within the "4 corner approach" system for DFW. • Continued growth of DFW Airport and increase in residential building will only exacerbate this issue for Southlake. • This growth will reduce the quality of life for Southlake as well as negatively impact property values and tax revenues for the city. Recommended Mitigation • Deliver a written request from the Southlake City Council to DFW officials asking them to voluntarily reduce over -flight over residential areas of Southlake. • Produce formal request for DFW to examine a change from a four corner approach sys :c ::s standard terminal arrival (STAR) to reduce downwind over -flight of residential areas. • Immediately cease late night and early morning departures over Southlake - 11:00 PM - 6:00 AM. Homeowners have been regularly woken out of a sound sleep. • Provide commuters vectors that take their flight path closer to Davis or Whites Chapel and away from homes. • Take appropriate legal actions if DFW airport officials are uncooperative. • Organize community meeting to discuss issues with DFW officials. • Implement a homeowner call -in program to the noise complaint hotline for DFW airport. Expected Result • City council and Southlake Administrators own and drive the process as representatives of the homeowners of Southlake. • Reduced over -flight and noise over communities with the exception of weather avoidance and flight safety. Establishment of metrics to determine non - compliance of any agreement between city and DFW airport. Ccei, i,vtcy a m A '/ H DFW Aircraft Noise Complaint — Southlake, Texas 76092 Since approximately the end of February 1999 there has been a noticeable increase in • aircraft noise (both departures and approaches) around the Timberlake subdivision as --: well as other areas within Southlake. Both commuter (propeller) and jet aircraft (mostly Fokker 100 and MD 80) create the noise. Commuter aircraft frequently fly very low and with high engine settings over residences. Jet aircraft fly well below 8000 feet apparently vectored and turning to make approaches to the diagonal runway. These over- flights occur at various times of the day with some as early as 3-AM and as late as 10:00 PM. As residents of Timberlake and Southlake we strongly suggest that DFW Air traffic control consider alternative vectors that would mitigate noise over residential developments in the fast growing area of Southlake. There are plenty of options and none would impede air safety! PLEASE SIG` BELOW: j Name Address Zip Code) Phone Signature 1 J r "lam , . y i ) _ ../ / •/ c , G �.-) Y4�c1�� S t�-, �7 ( / %e 7 7,3 , 7 • `� c1 O'1 E Mt Q:r „ L. - . .L; . • • _ .91 _,� z (� -, i 'I l y a l -cr 01 A At A. A .I rc 1 ' u 11.1'► 1. ,f,1 z (�- � 9ci-�` �t s . Bo • J. t-i , `/►! f ,, le ! 1 7 f 7`31 '1-; -/56,4L .______________________ ..._--, � e- � 1n G r , t n - z $ i1 3 'i 1/1c f • , - ;„3 i L i ai �IYll a5 ... ' I bee . ti 2 (f77)..?..57- 9:297 i _ _ V %. . ,; 3051 $10 re01% iy, -7) 4-95 61 '' 4 / Aar_biltd,&_ .. ,. e .1 ',11- t i 1 AL40 / — 4.i. ∎ ._ ' I. . /J , ,... ,. 1 4 1 o i l CP! i- ! ' /3J v veal 'Kc.4 'ht 0 ' / n . u � �`, . o s 1 ._ / -6 - • i i,.. N / // i ii A WO - ,IMNIA171, ON i II . I . i.31/ In J idi.j=0_2, (# n ) ti 7/ -47 S , , ii al ■J _ `24,162 TX A (5 (g7 ) 3 a 7f 9 -� cart V I' / li DFW Noise Reduction Petition 04/18/99 DFW Aircraft Noise Complaint — Southlake, Texas 76092 Since approximately the end of February 1999 there has been a noticeable increase in • aircraft noise (both departures and approaches) around the Timberlake subdivision as - well as other areas within Southlake. Both commuter (propeller) and jet aircraft (mostly Fokker 100 and MD 80) create the noise. Commuter aircraft frequently fly very low and with high engine settings over residences. Jet aircraft fly well below 8000 feet apparently vectored and turning to make approaches to the diagonal runway. These over - flights occur at various times of the day with some as early as 3-AM and as late as 10:00 PM. As residents of Timberlake and Southlake we strongly suggest that DFW Air traffic control consider alternative vectors that would mitigate noise over residential developments in the fast growing area of Southlake. There are plenty of options and none would impede air safety! PLEASE SIGN BELOW: - Name Address (Zip Code) Phone Signature ; .r /, y, .:,_/).-, -I .vr p ,^? c ,, r 7-'m a. , , . y , - 4: , 1 -) -/ -/ i �� - - -�� C r Fz.. ° N da,4 c / ;- `' w r ' J• .. n Cs` L' .. 1 ( , o w4'h,l = ' 1 (C c I ? . '317 \ `.' 1 3;; 4 pariedak C?" 1 -hull UGsct ¢ier authla6 TX 1i 9Z (sa)488 -8777 49efa, ?Y) U )gcu ��v / , , 7, , 1 7 ./ . • /'' cz'C' 7 i ,G�c i ce - i � U " : -c--- -'h— — � r I ' 4- i't ...r 6 { l i S "ty'r'e �i - t G {� � i ^ ` _ - _ - '" / ! � _:.� ri. L ;� L !' T J - v 1 - ,7uJ T Ar':ctC,.1. _4- r J 21 q PArk rir %fX / � i /7 L � i 747 - y� 37� , kv ' / , ,%,� 17 ,e.4., /� , , _ Frit -_ 87?_' � 27 VOA/ A J ' / /0 7 /�/-�/'e, /?� AV � c .5o 4h At e rX 3(? 06 - G / !�1 A S' -tar /lia (.c e 1 L G /f &Jt i �54c S'ou tl,ha- e- -'jx 8;7" 1'1 -�� .0 � DFW Noise Reduction Petition 04/18/99 DFW Aircraft Noise Complaint — Southlake, Texas 76092 Since approximately the end of February 1999 there has been a noticeable increase in aircraft noise (both departures and approaches) around the Timberlake subdivision as well as other areas within Southlake. Both commuter (propeller) and jet aircraft (mostly Fokker 100 and MD 80) create the noise. Commuter aircraft frequently fly very low and with high engine settings over residences. Jet aircraft fly well below 8000 feet apparently vectored and turning to make approaches to the diagonal runway. These over - flights occur at various times of the day with some as early as AM and as late as 10:00 PM. As residents of Timberlake and Southlake we strongly suggest that DFW Air traffic control consider alternative vectors that would mitigate noise over residential developments in the fast growing area of Southlake. There are plenty of options and none would impede air safety! PLEASE SIGN BELOW: - ; Name Address (Zip Code) Phone Signature 1 DFW Noise Reduction Petition 04 /18/99 GO . ' O 0 5 = O a) CD O a) = E3 D p O 0 (D = a) v CO DD * O O 0 (D CD y) 0 (D 74: 3 X Q O fi) O 0 m (D' Et! ° (D CD CD L/ g_ -Ti ED O = Q. G = (D p . CD (, =• CD C, O ( ° < �_ CD n O (1) 0 CT D- C G D • Q (D O ° 0_ n v O (D O _ (Q < 3 -, 0 cn C D 3 E a CD C to "Tl - C N C Q m- n C (D cr s a O 0 CI, (n D 4 • 4 .; - o cn = (D .� = 0 n N CD O 7 u) Q (D m — 0 a) • 0 CD . Q CD CQ O l .- 3 = O --h c (D O () ..-,. 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C-D - ( - - n • C CD D = n n O CD 0 CD = O ea 3 O c O Q = � ' 0 o. 0 k' : Carroll L.S.D. - 1r19 B Projects Scheca1e Project 9 Project 8 Project 7 Project 6 Project 5 Project 4 Project 3 Project 2 Project 1 B A B A B A B A O d a. n�-7 oo eD # = CI a. - e 1 1 ' t c e, 11 ....• r3. 0 Aa o as p 2. • 0 April May 1 June �: il July 1 Ei 1 1 g- August 1 September ® October i i November 1 1 1 December J January Ii 1 February s March April May 1 1 1 ! June O i i i 1 E, July August i September October November December ® January February s i March April May June O July Q August September October November December January February March N April O May N June July City of Southlake, Texas MEMORANDUM July 16, 1999 TO: Billy Campbell, City Manager FROM: Bob Whitehead, Director of Public Works SUBJECT: Interlocal agreement with Westlake for temporary use of a portion of Southlake's capacity in the Denton Creek Wastewater Treatment Plant Action Requested: Authorize the Mayor to execute an interlocal agreement with Westlake for temporary use of a portion of Southlake's capacity in the Denton Creek Wastewater Treatment Plant, to serve GlynWyck Farms Subdivision only. Background Information: Southlake and Westlake have entered an interlocal agreement for a sanitary sewer line to service the N -1 or Kirkwood Branch basin. The agreement allows Westlake to transport wastewater via the N -1 sewer line and the Denton Creek Wastewater Interceptor Pressure System (DCWIPS) to the Trinity River Authority (TRA) Denton Creek Wastewater Treatment Plant with the payment of certain fees to the City of Southlake. However, the area of Westlake outside of the Circle T MUD's (where GlenWyck Farms is located) has no capacity in Denton Creek Treatment Plant. By allowing Westlake to temporarily purchase a portion of Southlake's capacity in the treatment plant, GlenWyck Farms can obtain sanitary sewer service, without affecting service to current or future Southlake residents. The Westlake Town Council approved the agreement on July 12, 1999, however, there are some changes that could be made to improve the practicality of the agreement (see italicized changes on pages 3 & 4 of the agreement). TRA has assured the City of Southlake that Westlake has made a contact and is proceeding to become a contracting party in the Denton Creek Wastewater Treatment Plant. If for any reason Westlake does not become a contracting party in a reasonable amount of time, Southlake can ask TRA to make Westlake a subordinate party and • thereby remove Westlake from Southlake's capacity. However, it may be more advantageous to change the agreement to allow Westlake to use Southlake's capacity for two years at Southlake's cost and after two years at double Southlake's cost. 5K -1 Billy Campbell, City Manager July 8, 1999 Page 2 of 2 Financial Considerations: The capacity used by Westlake would be metered separately and the City of Southlake would bill the Town of Westlake for such service. The rate would be equal to Southlake's cost if no changes are made to the agreement. If Council adds the changes mentioned above, the rates charged for the first two years would be equal to Southlake's cost and after two years would be equal to twice that of Souihlake's cost. Citizen Input/ Board Review: None. Legal Review: The agreement has been sent to the city attorney for review and may have suggestions at the July 20, 1999 Council Meeting. Alternatives: Possible options are as follows: 1. Approve the agreement as it was approved by Westlake. 2. Approve the agreement with changes and require the agreement to go back to Westlake for approval. 3. Do not enter into this agreement with Westlake. Supporting Documents: Letter from Four Peaks Development dated June 1, 1999 Interlocal Agreement Map Staff Recommendation: Place the aforementioned interlocal agreement on the July 20, 1999 City Council Agenda for Council review and authorize the Mayor to execute the agreement. VB /vb Approved for Submittal to City Council: City Manager' Office 5K -2 FOUR PEAKS DEVELOPMENT, INC. 726 Commerce Street, Suite 109 Southlake, Texas 76092 817 - 329 -6996 fax: 817/481 -4074 June 1, 1999 Mr. Bob Whitehead Director of Public Works City of Southlake 667 N. Carroll Ave. Southlake, Texas 76092 Re: GlenWyck Farms Developers Agreement, and Westlake / Southlake Interlocal Agreement Dear Mr. Whitehead: Please accept this letter as a formal request that above referenced issues be placed on the agenda for the City of Southlake, City Council meeting scheduled for Tuesday, July 20, 1999. If you should have any questions relative to these matters, please feel free to give me a call. Sincerely, Tom Tom M. Matthews, Jr. cc: Dave McMahan Dale Clark 5K -3 INTERLOCAL AGREEMENT BETWEEN THE TOWN OF WESTLAKE AND THE CITY OF SOUTHLAKE - FOR TEMPORARY WATER AND SEWER SERVICE AND WASTEWATER TREATMENT FOR GLYNWICK FARMS SUBDIVISION STATE OF TEXAS ) COUNTY OF TARRANT ) COUNTY OF DENTON ) This Agreement is made and entered into by and between the Town of Westlake, Texas, a general law municipal corporation operating pursuant to the laws of the State of Texas and located in Tarrant and Denton Counties (hereinafter referred to as "Westlake "), and the City of Southlake, Texas, a home rule municipal corporation operating pursuant to the laws of the State of Texas and located in Tarrant and Denton Counties (hereinafter referred to as "Southlake "). Westlake and Southlake are hereinafter referred to as the "Municipalities ", WHEREAS, Southlake has entered into contracts with the Trinity River Authority of Texas ( "TRA ") for participation in the Denton Creek Regional Wastewater Treatment System (the "Denton Creek System "), which will treat wastewater generated by Southlake, in addition to other entities; and WHEREAS, TRA and Southlake have entered into agreements for the acquisition of easements and the financing, design and construction of a sanitary sewer interceptor known as the Denton Creek Wastewater Interceptor Pressure System ( "DCWIPS "), for the W:\4271 \040 \Interloc.agr(3) - ` 1 - 5K -4 transportation of raw sewage from Southlake to the Denton Creek Wastewater Treatment Plant; and - WHEREAS, the Municipalities have previously entered into that certain Interlocal Agreement Between the Town of Westlake and the City of Southlake for Use of N -1 Sewer Line ( "Prior Interlocal Agreement "), pursuant to which Southlake caused to be constructed the N -1 sewer line, and the Municipalities set out the terms by which Westlake could connect into the N -1 Line and utilize the N -1 Line; and WHEREAS, Westlake intends to become a participating member of or contracting party with the TRA, but, pending such event, Westlake has requested that Southlake permit Westlake to connect with the N -1 Line and provide Westlake with sewage and wastewater service, transportation and treatment pursuant to Southlake's contracts with the TRA in order to permit Westlake to provide sewage and wastewater service to the GlenWyck Farms Subdivision (the "GlenWyck Subdivision ") consisting of 104 acres of real property located in the Town of Westlake and more particularly described on Exhibit "A" attached hereto and made a part hereof for all purposes, and Westlake has further requested that Southlake permit Westlake to connect with water lines located within Southlake and that Southlake provide water service to the GlenWyck Subdivision; and Southlake is willing to provide such services on the terms set forth herein and in the Prior Interlocal Agreement; WHEREAS, the Interlocal Cooperation Act, Chapter 791 of the Texas Government Code authorizes city governments within the State of Texas to contract with one another for the provision of various governmental functions and the delivery of various governmental services, including those in the area of public health, sanitation and utility service; and W: \4271\ 0401Interlac.agr(3) - 2 - 5K -5 NOW, THEREFORE, for the mutual consideration herein stated, Westlake and Southlake agrees as follows: 1. Westlake shall exercise good faith best efforts to become a participating member of, or contracting party with, the TRA as soon as possible. 2. Southlake shall permit Westlake to construct a water line and connect into Southlake water system as generally set forth in the drawing attached hereto as Exhibit "B" attached hereto and made a part hereof. Southlake shall provide water service to Westlake for the sole purpose of serving the GlenWyck Subdivision and the homes constructed therein. The final water line design will be reviewed and approved by Southlake's engineering services department. Water usage by Westlake shall be separately metered, and Southlake shall bill Westlake for such service in accordance with Southlake's prevailing rates and practices, and Westlake shall pay each such bill in full within thirty (30) days of receipt thereof. 3. Southlake shall permit Westlake to connect a 15 inch sanitary sewer line into the N -1 Line as set forth on Exhibit "C" in accordance with the Prior Interlocal Agreement and shall provide Westlake with sewage transportation and treatment for the sole purpose of serving the GlenWyck Subdivision and the homes constructed therein. Such sewage shall be separately metered, and Southlake shall bill Westlake for such service, transportation and treatment in accordance with Southlake's prevailing rates and practices, and Westlake shall pay each such bill in full within thirty (30) days of receipt thereof. From the date of execution of this agreement until two years after, Southlake shall charge W: \4271 \040 \Interlae_agr(3) - 3 - 5K -6 Westlake in accordance with the rates Southlake is required to pay TRA for wastewater treatment in the Denton Creek System. After this agreementhas been executed for two years, Southlake shall charge Westlake twice the rates Southlake is required to pay TRA for wastewater treatment in the Denton Creek System. Westlake hereby assumes all responsibility, to the extent permitted by law, for any industrial pollutants which can be traced to or which originated from the Westlake sewer system. 4. No connection to the N -1 sewer line or to the Southlake water line from property located within the town limits of Westlake shall be made unless at least five (5) business days prior written notice is given to Southlake. All connections to the water line and the N- 1 sewer line shall be inspected and approved by a Southlake engineering department inspector or TRA before any construction is backfilled. It is currently anticipated that only one point of connection to each such line will be made by Westlake. 5. This agreement, and the Prior Interlocal Agreement, constitute the only agreements of the Municipalities regarding the N -1 sewer line and the water line and supersede any prior understanding or oral or written agreements between the Municipalities regarding the subject matter of this agreement other than the Prior Interlocal Agreement. W:\4271 \040\Interloc.agr(3) - 4 - 5K -7 6. Any notice provided for herein shall be given in writing and delivered or mailed by certified or registered United States Mail, postage prepaid, addressed as follows: IF TO SOUTHLAKE: IF TO WESTLAKE: City of Southlake Town of Westlake Attn: City Manager Attn: Mayor r 667 North Carroll Avenue 3 Village Circle, Suite 207 Southlake, Texas 76092 Westlake, Texas 76262 -9204 The designation of the person to whom and the place to which notices are to be mailed or delivered may be changed from time to time by any party giving notice to the other party. 7. This agreement and all of its terms and provisions, as well as the rights and duties of the parties hereto, shall be governed by the laws of the State of Texas. In the event that any cause of action is filed by either party arising out of the terms of this agreement, venue for said lawsuit shall be in Tarrant County, Texas. 8. In the event that any portion of this agreement shall be found contrary to law, it is the intent of the parties that the remaining portions shall remain valid and in full force and effect to the extent legally permissible. 9. Each of the Municipalities agrees to accept full responsibility for the acts, negligence . and /or omissions of its respective officers, employees and agents. It is the intent of the Municipalities that each will be responsible for its own acts and omissions to the extent permitted by law, but this provision is not intended to waive any element of sovereign W: \4271 \040 \Interloc.agr(3) - 5 - 5K -8 inununity, or to remove any further protection afforded general purpose units of government pursuant to Texas law. 10. The undersigned officers and /or agents of the Municipalities are the properly authorized officials and have the necessary authority to execute this agreement on behalf of the Municipalities. Each of the Municipalities certifies to the other that any necessary resolutions or orders extending said authority have been duly passed and are now in full force and effect. This agreement is executed in duplicate originals on the dates indicated below. 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VII I I it 1 ..................1 1141 1 1 H _ ‘U Ot, , - • -.I ' 1 0 \ "7. . • I .. . . , -.)(1 , o , rm.....ro , , , .54(c--43- • City of Southlake, Texas MEMORANDUM July 16, 1999 TO: Billy Campbell, City Manager FROM: Kevin Hugman, Director of Community Services SUBJECT: Resolution No. 99 -57, Amending Fee Schedule to include court usage fees for Southlake Tennis Center Action Requested: City Council consideration of Resolution No. 99 -57, amending the Fee Schedule to include court usage fees for the Southlake Tennis Center. Background Information: Annually, the City Council reviews the City Fee Schedule as part of the budget process. The schedule sets the fees charged by the City for a variety of services, including building permit fees, copying fees, building reservation fees, etc. The park- related fees are reviewed by the Park Board and recommended to the City Council as part of the Council's consideration of the overall Fee Schedule. In October, 1998 the Park Board reviewed and recommended fees for park - related activities to the City Council. At the time, staff considered adding fees for the Tennis Center under construction, but recommended to the Board that these fees be further researched as we got closer to opening of the facility, and amending the fee schedule at the appropriate time. The Board agreed with this approach. In order to prepare for the expected opening of the tennis center in late summer, it is necessary to establish fees to be charged for court usage. Although these are public courts, it is common practice for municipal tennis centers to charge usage fees to offset the costs of operation and maintenance for this type of facility. In addition to the 13 tennis courts, there will also be a number of services and amenities available to all patrons of the tennis center. A 2,450 square foot pro shop will offer meeting rooms and lounge area, restrooms, showers and locker areas, concession sales, covered patio area and benches, child care for court users, and pro shop sales and services such as racquet stringing, etc. The proposed fees are similar to those charged by North Richland Hills and Arlington tennis centers, which have facilities comparable to • Southlake's, with the exception that the annual membership fees are lower than those of the other cities. It should be noted that patrons are not required to be members, this is simply a convenience or cost - effective measure for the avid user. The attached summary comparison of fees shows the proposed fees for Southlake in comparison to area cities. Other cities offer a variety of other amenities to annual 9A -1 Billy Campbell, City Manager July 16, 1999 I Page 2 membership cardholders, and we expect to do the same. As noted before however, the main benefit of the annual membership is the waiving of hourly court usage fees. Financial Considerations: City Council has stipulated that the City will receive 25% of all court usage fees shown on the proposed fee schedule. There is a court usage fee associated with all lessons, leagues, camps, and open play. The City will also receive 25 % of annual court usage membership fees. Citizen Input/ Board Review: The Park Board reviewed the fees proposed by staff at their July 12, 1999 meeting and unanimously approved the proposed fee schedule with the following changes: • Added an annual junior membership fee (18 years of age and under) -- $75 residents; $100 non - residents. • Increased the annual non - resident fee for family and individual -- $275, individual non - resident; $375 family non - resident. The Park Board raised these fees to achieve a percentage parity with the resident /non- resident hourly court usage fees (40 % increase for non- residents) . Since the Park Board meeting this week, there has been some further discussion and research regarding the applicability of the "league" fees. In regards to external leagues, (i.e., NETT, TCD, others), the application of a $30 per person fee can result in some inequities. Not all leagues play at the home court each week, not all leagues are seven weeks, and not all players on a team play each week (some teams have 14 members, but only 8 play each week). Therefore, staff proposes that the league fees be changed to one of the following options: (a) League fees of $30 per person for seven week league apply to only "in- house" leagues (those established by the tennis center manager), and external leagues pay the resident hourly court usage fee for each court session. ($2.50 per court session) (b) League fees be changed to all leagues paying the resident fee of $2.50 per court session. Note that the fee schedule does not reflect this recommendation, only the recommendation of the Park Board. Legal Review: N/A 9A -2 Billy Campbell, City Manager July 16, 1999 I Page 3 Alternatives: Changes to proposed fees as desired. Supporting Documents: • Resolution No. 99 -57, Amending Fee Schedule to include court usage fees for Southlake Tennis Center. • City of Southlake Fee Schedule with the current structure and the proposed changes. • Survey of area tennis facilities schedule of fees. Staff Recommendation: City Council review and consideration of proposed court usage fees for Southlake Tennis Center. Approved for Submittal to City Council: ty anager's Office 9A -3 City of Southlake, Texas RESOLUTION NO. 99 -57 A RESOLUTION OF THE CITY OF SOUTHLAKE, - TEXAS, AMENDING RESOLUTION NO. 98 -70; PROVIDING THAT THIS RESOLUTION SHALL BE CUMULATIVE OF ALL PROVISIONS OF RESOLUTION NO. 97 -59; 94-46, NO. 94-61, NO. 95 -05, NO. 95 -34, NO. 95- 50, NO. 96-57, NO. 97 -50, NO. 97 -59, NO. 99 -07; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Southlake heretofore adopted Ordinance No. 592 providing for the adoption of fees and revisions thereto from time to time by resolution; and WHEREAS, the City Council with Resolution No. 98 -70, set a schedule of fees for certain services; and, WHEREAS, the City Council has reviewed the Fee Schedule and has determined that certain fees should be amended in the fee schedule. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS: Section 1. That Section VI, Community Services Activities - #8, Southlake Tennis Center Court Usage Fees, be added per the attached City of Southlake Fee Schedule. Section 2. That this resolution shall be cumulative of all provisions of Resolution No. 98- 70 of the City of Southlake, Texas, except where the provisions of this resolution are in direct conflict with provisions of such resolution, in which event the conflicting provisions of such resolution are hereby repealed. Section 3. That the fees established herein shall be effective upon passage of this Resolution and shall take precedence over any fees previously adopted which are in conflict herewith. PASSED AND APPROVED this the day of , 1999. CITY OF SOUTHLAKE, TEXAS ATTEST: Mayor Rick Stacy Sandra L. LeGrand City Secretary N: \Parks & Recreation \BOARDS \CC \1999 \Qtr 3 \RES99- 57.doc 9A - 4 CITY OF SOUTHI.AKE FEE SCHEDULE ACTIVITY FEE SECTION I. Administrative Activities 1. NSF Check Return Charge (amended Res. #97-59) $20.00 Credit Card Return Charge $20.00 2. Cost of Copies of Public Information (amended Res. #98 -70) according to the approved General Services Commission Charge Schedule (Attachment "A ") 3. Water Customer Mailing Labels (Amended Res. #97-59) $45.00 4. Offense /Accident Report : (Amended Res. #95 -50) Basic $ 4.00 Certified $ C.00 Written Certification that no report exists $ 4.00 5. Burning Permits $0.00 6. Ambulance Fees (amended Res. #98 -70): Local Transport $300.00 7. House Moving Permit $10.00 + $1,000 Surety Bond + 1.5 x hourly rate of 2 police officers utilized in the move 8. Solicitation/Vendor Permit $35.00 (Co. license) +$10.00 /Agent + $1,000 Surety Bond 9. Seasonal Permits $25.00 10. Vital Statistics: Certificate of Death $9.00 / 1st copy 3.00 each add'l copy at time of initial request Certificate of Birth (Amended Res. #95 -34) $13.00 / copy • 11. Wrecker Permit Fee: (Amended Res.#94 -61) Permit fee per wrecker vehicle $24.00 per year (waived for contract agency) Permit Fee per authorized driver $12.00 per year (waived for contract agency) L:\ FINANCE\BUDGET\98- 99\FEE1198.DOC PAGE 1 -FEE SCHEDULE 9A -5 CITY OF SOUTHLAKE FEE SCHEDULE ACTIVITY FEE 12. Credit Card Use Fees (added Res. #97 -59) (Municipal Court Fines and Fees Only): up to and including $200 $2.00 $201 to $300 $4.00 $301 to $400 $6.00 $401 to $500 $8.00 $501 to $600 $10.00 $601 to $700 $12.00 $701 to $800 $14.00 $801 to $900 $16.00 $901 to $1,000 $18.00 $1,001 and up $20.00 SECTION II. Community Development Activities 1. Board of Adjustment requests $200.00 /request 2. Amendment to Zoning Ordinance $200.00 /request 3. Zoning Only $200.00 + $10 /Acre 4. Concept Plan Only $200.00 + $10 /Acre 5. Zoning and Concept Plan (amended Res. #98 -70) $400.00 + $20 /Acre 6. Zoning and Site Plan (amended Res. #98-70) $400.00 + $20 /Acre 7. Specific Use Permit $200.00 + $10 /Acre 8. Site Plans $300.00 + $10 /Acre 9. Amended Plat Jr 4 lots $200.00 + $20 /Lot /Res $200.00 + $20 /Ac -Comm 10. Amended Plat > 4 lots $300.00 + $20 /Lot - Res $300.00 + $20 /Ac -Comm 11. Plat Showing (1 lot) $200.00 + $20 /Lot - Res $200.00 + $20 /Ac -Comm 12. Plat Showing (multiple lots) $300.00 + $20 /Lot -Res $300.00 + $20 /Ac /Comm L:\ FINANCE \BUDGET \98- 99 \FEE1198.DOC PAGE 2 -FEE SCHEDULE 9A -6 CITY OF SOUTHLAKE FEE SCHEDULE ACTIVITY FEE 13. Preliminary Plat (Non- P.U.D.) $300.00 + $20/Lot -Res $300.00 + $20 /Ac -Comm 14. Preliminary Plat (P.U.D.) $300.00 + $30 /Lot -Res $300.00 + $30 /Ac -Comm 15. Final Plat (Non- P.U.D.) $300.00 + $20 /Lot -Res $300.00 + $20 /Ac -Comm 16. Final Plat (P.U.D.) (amended Res. #98 -70) $400.00 + $30 /Lot -Res $300.00 + $30 /Ac -Comm 17. Plat Revision $300.00 + $20 /Lot -Res $300.00 + $20 /Ac -Comm 18. Plat Vacation $200.00 Flat Fee 19. Rush Plat Filing $300.00 Flat Fee 20. Two -County Filing (amended Res. #98 -70) $60.00 Flat Fee 21. Extra Plat Page Filing $20.00 Flat Fee 22. Color Mapping (1:1000) (amended Res. #98 -70) $20.00 per map 23. Color Mapping (1:2000) (amended Res. #98 -70) $10.00 per map 24. Aerial Photo Print (added Res. #98-70) $15.00 per photo print 25. Mapping 11"x 17" plat reduction copies $2.00 per map 26. Mapping (digital tape format) (added Res. #95 -34) $140.00 per tape 27. Street Name Change $100.00 per street 28. Park Land Dedication -Raw acreage cost $60,000 per acre (amended Res. #97 -50) Fee Calculation in lieu of Park Land Dedication - (added Res. #98 -70) Residential - 1 acre /40 dwelling units (40 lots) $1,500.00 per lot Non - Residential - 1 acre /50 gross acres $800.00 per gross acre z: FINANCE \BUDGET\98- 99 \FEE1198.DOC PAGE 3 -FEE SCHEDULE 9A -7 CITY OF SOUTHLAKE FEE SCHEDULE ACTIVITY FEE 29. Zoning Verification Letter (amended Res. #98 -70) First letter within two months of zoning approval $0.00 All subsequent letters $25.00 each 30. Zoning Administrator Opinion/Interpretation $100.00 Letter SECTION III. Public Works Activities 1. Administrative Processing Fee 2% Actual Construction Cost 2. Computer Drainage Study: HEC I: $400.00 + $10 /Linear Foot HEC II: $400.00 + $10 /Linear Foot 3. Construction Inspection 3% Actual Construction Cost 4. Street Cut Permit $15.00 per Street 5. Easement Abandonments $150.00 Flat Fee 6. R.O.W. Abandonments $150.00 Flat Fee 7. Easement/R.O.W. Dedications $100.00 per Easement 8. Street Light Costs Developer pays installation + 2- year operation cost SECTION IV. Water and Wastewater Utilities Activities (added Res. #98 -70) 1. Water Meter Fee (Including Transponder) (amended Res. #98 -70) 1" Meter $460.00 2" Meter (Turbo) - sprinkler /Irrigation Only $850.00 2" Meter ( Compound ) - (Residential /Commercial) $2,000.00 4" Meter $2,500.00 6" Meter $3,700.00 8" Meter $4,500.00 L:\ FINANCE \BUDGET\98- 99 \FEE1198.DOC PAGE 4 -FEE SCHEDULE 9A -8 CITY OF SOUTHLAKE FEE SCHEDULE ACTIVITY FEE 2. Sewer Tap Inspection Fee $75.00 3. Sewer Participation Fee (Added Res. #95 -34) $1,300 /lot 4. Water Administrative Service Charge $15.00 5. Water Deposits: Residential Accounts $50.00 Commercial Accounts Established by Utility Billing Supervisor 6. Fire Hydrant Meter Deposit (City Meter) (amended Res. #98 -70) $900.00 Hydro Storz Quick Connect System Blind Cap 75.00 total $975.00 Fire Hydrant Meter Deposit (Privately Supplied Meter) $200.00 Hydro Storz Quick Connect System Blind Cap 75.00 total $275.00 7. Water Reconnect Fees for Non - Payment, Business Days Only: 8 a.m. -5 p.m.: lst /2nd /3rd & subsequent $20/$40/$60 After 5 p.m.: 1st /2nd /3rd & subsequent $40/$60/$80 Weekends, anytime $40/$60/$80 8. Water Meter Re- installation Fee $50.00 9. Water Meter Reread Fee $5.00 10. Service Charge - Damaged or Broken Lock, (amended Res. #98 -70) Meter and /or Transponder $25.00 11. Damaged meter and transponder replacement (added Res. #98 -70): 1" Meter $86.00 1" Transponder $150.00 Meter Box $32.50 12. Late Utility Payment Fee 5% of Outstanding Balance L:\ FINANCE \BUDGET \98- 99 \FEE1198.DOC PAGE 5 -FEE SCHEDULE 9A -9 CITY OF SOUTHLAKE FEE SCHEDULE ACTIVITY FEE 13. Additional or Replacement Recycling Bins $6.00 _ Additional or Replacement Recycling Lids $4.00 (added Res. #97 -59) SECTION V. Building Inspection Activities 1. Building Permit Fees Per the currently adopted U.B.C. (Administrative Code) 2. Water Well Permit $42.00 3. Tent Permit $15.00 4. Sign Permit, Permanent Type (1 - 50 sq ft) $50.00 minimum Sign Permit, Permanent Type (> 50 sq ft) $1.00 / sq ft Sign Permit, Temporary Type $25.00 Annually, per calendar year (amended Res. #98 -70) Illuminated Sign, Electrical Permit $35.00 (in addition to above) 5. Sign Recovery Fee (1 -50 sq ft) (added Res. #98 -70) $25.00 (>50 sq ft) $50.00 6. Request for Variance to Sign Ordinance $100.00 /request 7. Culvert and /or Approach Permit $42.00 8. Building Contractor's Registration Fee $75.00 9. Tree Removal Permit $.00 per Permit 10. Temporary Batch Plant Permit $.00 per Permit 11. Smoking Area - Re- Inspection Fee (added Res. #98 -70) $100.00 L:\ FINANCE \BUDGET\98- 99\FEE1198.DOC PAGE 6 -FEE SCHEDULE 9A -10 CITY OF SOUTHLAKE FEE SCHEDULE ACTIVITY FEE SECTION VI. Community Services Activities (Amended Res. #95-34, Res. #97-59, Res. #98 -70, Res. #99 -57) 1. Building Reservations for Residents - Bicentennial Park and Senior Center (amended Res. x97 -59, Res. x98 -7o): Regular Meeting Fee per year 1 meeting $10.00 Quarterly to Monthly Scheduled Meetings $25.00 More than Monthly Meetings Scheduled $75.00 Security and Clean-up Deposit $100.00 (refundable) Week day meeting $10.00 /hr 2. Building Reservations for Special Activities (amended Res. x97 -59, x98 -7o): Security and Clean-up Deposit $50.00 (refundable) Bicentennial Park - The Lodge (with Kitchen) $15.00 /hr Bicentennial Park - Community Center /room $15.00 /rm/hr Senior Center Large meeting room $15.00 /hr Senior Center Large meeting room & Kitchen $35.00/hr Senior Center Kitchen use fee $25.00 /hr 3. Organized Athletic Programs $1,000,000 General Liability Insurance Policy Meeting Fees (added Res. x98 -70) $100 per year 4. TV /VCR Rental Fee No charge with reservation 5. Equipment Rental: (Driver's license held) Tennis Racket & Balls (Courts on Hill) No charge Volleyballs No charge Basketballs No charge 6. Reservations of Park Facilities (Bicentennial Park) (amended Res. x97 -59, Res. x98 -70): Security and Clean-up Deposit (group of 100 or more require) $50.00 (refundable) Hilltop Picnic Area $5.00/4 hrs Pine Tree Picnic Area $5.00 /4 hrs Bicentennial Pavilion $8.00/4 hrs Adventure Alley Pavilions (added Res. x98 -70) $8.00/4 hrs /pavilion L:\ FINANCE \BUDGET \98- 99 \FEE1198.DOC PAGE 7 -FEE SCHEDULE 9A -11 CITY OF SOUTHLAKE FEE SCHEDULE ACTIVITY FEE 7. Reservations for Fields and Courts: Ballfields (No Lights) $7.50/1.5 hr /field Ballfields (With Lights) $15.00/1.5 hr /field Soccer Fields $2.50/1.5 hr /field CIS Multi -use Court (Hockey/Basketball) (amended Res. #98-70) $7.50/1.5 hr CIS Multi -use Court (With Lights) (amended Res. #98-70) $15.00/1.5 hr Sand Volleyball Courts $5.00 /hr /court Tennis Courts (Courts on Hill- Bicentennial Park) $5.00 /1.5 hr /ourt In -Line Hockey Court (added Res. #98-70) (Bicentennial Park -No Lights) $10.00 /hr In -Line Hockey Court (added Res. #98-70) (Bicentennial Park -With Lights) $20.00 /hr Basketball courts (added Res. #98-70) $5.00 /hr Field Preparation Fees: Weekday Games $25.00 /field Weekend Games $37.50 /field 8. Southlake Tennis Center Court Usage Fees Hourly Court Usage fees $2.50 per person (resident) $3.50 per person (non - resident) League Fees $30 per person (7 week league) Annual memberships Junior (18 and under) $75 (resident) $100 (non- resident) Adult Individual $200 (resident) $275 (non- resident) Family $275 (resident) $375 (non - resident) L:\ FINANCE \BUDGET\98- 99 \FEE1198.DOC PAGE 8 -FEE SCHEDULE 9A -12 t- 4 b A 1 Q d Z z z if; c il f 0 Q a Lw Vit4 ' 0 N. f o M vmml f/! _________________________ 1...1 o 'U y ' ON k1+ , o 54 4 4 a'° " .b a :: f y��rr�, N a a i'''''''lg > ° d N 0 �` it N oN ms s` ,y ' h v - a v ) �VI ��E" ∎ a g 4) I" Cs74:4 rg cd CD r.''' 17 O .—. co to E a7t .�<, 6 K' a) q q a .... al ,... .. co to t. Q a a w Q y a a 4 CO ' cfs z ¢ o N 4-4 o ... G� N .� .!E © p o C.1 t a i I f T� g N Ly O Op 4 e 1,4d, 41=4) +'�- w q °� �� " b h 1 9 � N O Ia ''�Kj L Oh o . A t , a. CU 3 H 1 cd CD 9 .� I V1 b to cd t o pp e p CI ti w o 0 E ta 4,-' < < <, 7Jt--... g6t. — a,w ' a 11 ° o �U >' ti i li i i i a� a. . U 1 JJ 1 j 1 °' � n t) a 6.�onoo • a 0 o,, s _ 1 w 31, 74 11 C 4 I U 4 L I ft !, i 0 1:3 C4 1 .ad w r Z4 t.7 lin co �" C y y O C Cb h 5 1 Ro v r,0 c w Lt q � °i r ° 2gt � ° °: ' ° c h i Vi ci, I g 8Q t .cg A 8 {4 - at LI City of Southlake, Texas NOTICE OF CITY COUNCIL /CISD BASEBALL GAME Members of the City Council of the City of Southlake and Carroll Independent School Trustees will be attending a Joint Baseball Game on Friday, July 23, 1999, beginning at 5:00 p.m. The ballgame will be held at Bicentennial Park. No official action will be taken by the City Council or the CISD Trustees during this evening of family fun. For more information contact the City Secretary Sandra L. LeGrand at 481 -5581 extension 704. CERTIFICATE I hereby certify that the above Notice of Baseball Game was posted on the official bulletin boards at City Hall, 667 North Carroll Avenue, and the Administrative Offices, 1725 East Southlake Boulevard, Southlake, Texas, on Monday, July 19, 1999 at 6:00 p.m., pursuant to the Texas Government Code Chapter 551. /14/14 il 1 r Sandra L. LeGrand — i � •tn = City Secretary .............. ems I you plan to attend this public baseball e a , °° fy p p ���n�iu'��`�ve a disability that requires special needs, please advise the City Secretary 48 hours in advance at 481 -5581, extension 704, and reasonable accommodations will be made to assist you.