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1999-11-02REGULAR CITY COUNCIL MEETING 667 NORTH CARROLL AVENUE SOUTHLAKE, TEXAS NOVEMBER 2, 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 Finance Sharen Elam; Director nfEconomic Development Greg Last; Director of Community Services Kevin Hugman; Director of Public Works Pon Harper; Director of Public Safety Garland Wilson; Interim Director of Planning and Zoning Administrator Karen Gandy; Deputy Director of Public Works Charlie Thomas; Senior Civil Engineer Shawn Poe; Public Information Officer James Kanke; Deputy Director of Public Safety Fire Services Picky Black; Deputy Director of Public Safety Policy Services Gary Gregg; Deputy Director of Support Services John Knight; Senior Planner Chris Carpenter; Public Works Manager Michael Patterson; Administrative Assistant of Public Works Valerie Bradley; City Attorney Wayne K. Olson; and, City Secretary Sandra L. LeGrand. WORK SESSION: The work session was called to order by Mayor Pick Stacy at 5:30 p.m. Councilmembers and staff discussed items on the agenda. The work session was video taped and tape-recorded for future reference. ,/ Agenda Item #5-D. Authorize City of Southlake funding to Metroport Cities Partnership for continued support of transportation advocacy initiatives. Councilmember Patsy DuPre asked for a brief history on the Metroport Cities Partnership. Director of Economic Development Greg Last responded by stating the Metroport Cities parmership is a group of several cities throughout the area particularly along the SH 114 corridor. Over the years that coalition of cities has made several trips to Austin to meet before the Texas Transportation Commission, and has received a lot of favorable responses with regard to transportation issues. In particular, Southlake has benefited with the exceleration of SH 114 through Southlake. Several years ago, the City put in $20,000. Basically they are on a three- year cycle for funding. They put together a funding drive, with a lot of cities contributing different amounts depending on who has the most needs. All of the cities are contributing at a level that is appropriate for their size city. Councilmember DuPre stated she was not trying to change the amount of funding being considered, but considering the physical location of the improvements that are happening fi.om TxDOT, a lot of them are in Southlake. She feels the city should consider paying the entire $5,000 this year and put this item before Council during the budget process in the future years for continued funding. Director Last stated a trip to Austin is being planned for January 2000 and that Mike Weaver is the coordinator for the partnership. Regular City Council Meeting Minutes of November 2, 1999 Page 1 of 26 Agenda Item #5-C, Resolution No. 99-75, Supporting creation of a Library Foundation and naming a City Councilmember to the Board of Directors. Councilmember Gary Fawks suggested that Councilmember Debra Edmondson be appointed to the Board of Directors of the Library Foundation as she has worked with the Southlake Library and it is her project. Agenda Item #5-G, Authorize the Mayor to enter into a contract with New World Systems for a wireless connectivity system. Councilmember Ronnie Kendall commented on having a city depository that is within the city and outside the city. She encouraged the Director of Finance to expand the area that we consider for a depository so that the City gets the best deal. She wants to be sure that the resolution will allow the city to expand the area to outside the city limits. Agenda Item #9-A, Resolution No. 99-77, Casting City of Southlake votes for election of members to the Tarrant Appraisal District Board. Councilmember Wayne Moffat suggested the Council cast Southlake's votes for Robert Hatfield for Board of Tarrant Appraisal District. Agenda Item #10-G, Authorize the Mayor to enter into Amendment #3 with Cheatham and Associates for architectural and engineering services relating to proposed improvements at Bob Jones Park. Councilmember Ronnie Kendall asked that this item be tabled. Agenda Item #10-A, Authorize the Mayor to execute a developer agreement for Versailles, Phase III. Deputy Director of Public Works Charlie Thomas answered questions regarding the developer agreement and presented the item on off-site roadways. He stated when this project came forward and the plans were being prepared, the city staff required the developer to include the east half of Carroll Road as it boarders Versailles III. Versailles III is between the existing Oak Tree Estates and Versailles I and front of a portion of South Carroll Avenue. Mr. Thomas stated the developer is requesting that the city grant them credit for the impact fees in the amount of $54,000 and inspection fees of $29,370, leaving a remainder of $46,134. The developer is also requesting that the city reimburse them that amount. John Dickerson, general partner of Versailles I and II, which is a planned unit development, and also general partner of Versailles III was present and stated this is the last phase of the project and there will be forty-five living units in the phase. He stated Versailles IH has no other entrance onto South Carroll Avenue. It would be their choice that they pay the thoroughfare impact fee according to the ordinance, at the time that building permits are pulled for those lots, and that they not reconstruct any portion of South Carroll along Versailles III because the right-of-way on the west side of Carroll is not in the control of the city at this time. They believe that there will be some significant costs and interruptions in providing a temporary asphalt thoroughfare. If the west right-of-way is not in the control of the city and if Mr. Prade does not let them use the property, it will be a one-way temporary transition or Regular City Council Meeting Minutes of November 2, 1999 Page 2 of 26 thoroughfare, which will require flagmen or signalization with one lane of traffic. They believe that it would be a tremendous problem with many of the current citizens of Southlake. Their desire is to pay the thoroughfare impact fee per the ordinance and let South Carroll be reconstructed at a future date using those funds and the funds that are in the service area that support Carroll Avenue at a time when the city can cause it to be built up to F.M. 1709. Mayor Stacy stated to Charlie Thomas, "It looks like the city is paying for the road if we give him all the fees back. Why don't we just build the road?" Mr. Thomas stated at this time the prices would be better with the construction of Phase III. We could build the road later when we build the west side. Councilmember Potter stated if we do the road at this time, the city does not have to go through the bidding process and we could get it built quicker. [see the meeting tape for additional comments]. Agenda Item # lO-D, Authorize the Mayor to execute a developer agreement for Crossroads Square, Lots 2R1, 2R2 and 4R. Deputy Director of Public Works stated the developer agreement covers the relocation of public utility lines and sanitary sewer lines that are located in the area. During the discussion of the site plan, the Council required the developer to widen a portion of North White Chapel Boulevard so that three lanes could be built for the turning movements. That was prior to the bonds being passed in May. Once the bonds were passed and the City plans to rebuild White Chapel Boulevard, the construction will be going on at the same time. The developer agreement includes the developer paying the city one-half of the cost they were going to spend to do the temporary widening which is $13,695. They were also required to build the trails along that section. If they built that trail during construction, the City will tear it up while building White Chapel Boulevard so they will put the money up for the sidewalk and the city will build it with White Chapel Boulevard. That amount will be added to the amount of money they were putting up for the hot-mix asphalt. Their contribution will be $12,847 which is a savings to the city. Mayor Rick Stacy introduced Ms. Harriett Gibbons, area manager with TXU Electric and Gas Company. Ms. Gibbons stated she wanted to extend an invitation to Council to attend a reception they will have at their Decatur office. She stated that she looks forward to working with the citizens of Southlake and knows Sonny Rhodes' shoes will be hard to fill! The work session ended at 6:30 p.m. REGULAR CITY COUNCIL MEETING Agenda Item #1, Call to Order Mayor Rick Stacy called the Regular City Council meeting to order at 6:30 p.m. The City Council meeting was video taped and tape recorded for future reference and made part of the record. Regular City Council Meeting Minutes of November 2, 1999 Page 3 of 26 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 Texas Government Code Sections 551.071, 551.072, 551.073, 551.074, 551.076 and 551.086, to seek legal advice from our City ,4ttorney; to deliberate regarding real property matters; to deliberate regarding a prospective gift; to deliberate personnel matters; to deliberate regarding security devices; and/or to deliberate regarding economic development netgotiations. Councilmembers adjourned into executive session at 6:35 p.m. Councilmembers returned to open session at 7:45 p.m. Agenda Item #2-B, Action Necessary/Executive Session Motion was made to increase the City Manager's base salary to $115,000 per year. Motion: Kendall Second: Fawks Ayes: Kendall, Fawks, Moffat, DuPre, Edmondson, Potter, and Stacy Nays: None Approved: 7-0 vote Agenda Item #3, Invocation The invocation was given by Chaplain of the Month for November, Joe Calhoun, pastor at the Southlake Assembly of God Church. Agenda Item O4-A, Mayor's Report Mayor Stacy made the following announcements: ~. Carroll High School traveled to Austin to compete in the State Competition on Monday. We are very proud of them for reaching that goal again this year. > There were 65-70 people visiting Southlake from England last week and there were several good sessions with the visitors. The Mayor of Tring and his wife made a tour of the city. ~ Metroport Transportation Breakfast will be held on Wednesday, November 3, at 7:30 a.m. at the Texas Speedway Club. Several Councilmembers and staff will be attending from Southlake. ~ A Growth Issues meeting will be held from 4:30 p.m. to 6:30 p.m. on Thursday, November 4, 1999, in the Administrative Conference Room. Regular City Council Meeting Minutes of November 2, 1999 Page 4 of 26 Strategic Planning meeting will be held beginning at 6:30 p.m. on Thursday, November 4, 1999, in the Administrative Conference Room. Citywide SPIN meeting at Johnson Elememary School on November 9, 1999, at 7:00 p.m., regarding SH 114 reconstruction issues. Texas Recycles Day sponsored by The Home Depot and Keep Southlake Beautiful will be held on November 13, 1999 from 10:00 a.m. to 2:00 p.m. Composting classes, organics classes and on-going activities for kids are planned. Learn tips on how to reduce, reuse, and recycle. Agenda Item #4-B, City Manager's Report City Manager Billy Campbell stated a 'Contingency Plan for Computer Systems' report will be given by Deputy Director of Support Services Johnny Knight. Mr. Knight reported on the Y2K issues, stating, "We feel comfortable that everything will be alright, but a contingency plan is needed." Mr. Knight stated the objective of the plan is to identify areas of possible computer malfunction and ensure that any disruption in computer operations within the city government does not adversely affect the city's service distribution to the public or the effect are minimal. A copy of the report provided to Council is hereby made a part of the minutes. Councilmember Gary Fawks asked if the city plans to have additional pemonal available for emergencies if necessary. Mr. Knight stated there will be additional personnel available. He stated he plans to have a "walk-through" test of the plan on the Tuesday before Thanksgiving. Agenda Item #4-C, SPIN Report A SPIN Report was given by Tim Miller, 2509 Rolling Lane, Southlake. Mr. Miller stated he represents SPIN Neighborhood #6, and that his reason for serving as a representative is to "give back to the community." Mr. Miller gave the boundaries of the area in SPIN #6, and added there are residential, commercial and schools in the SPIN district. He stated a citywide forum will be held on November 9 regarding reconstruction of SH 114 and that representatives from TxDOT will be present to answer questions. He also noted a SPIN vacancy meeting will be held on November 18. Mr. Miller stated on November 11, SPIN #6 will meet to discuss redevelopment issues, and issues regarding the Gun Barrel Center on SH 114 at Shady Lane. The meeting will be held in the Senior Activity Center. Director of Public Works Ron Harper gave an update on the Town Hall facility. Agenda Item #5, Consent Agenda Mayor Rick Stacy informed citizens of the procedure Council follows in voting on the "Consent Agenda" and asked if anyone had comments or opposition to express regarding Regular City Council Meeting Minutes of November 2, 1999 Page 5 of 26 any items listed. Mayor Stacy read the consent agenda items into the record, adding several agenda items determined by the City Council during the work session. 5-A. Approval of minutes of the Regular City Council meeting held October 19, 1999. 5-B. Approve revisions to the Project and Community Matching Funds Policy. 5-C. Resolution No. 99-75, Supporting creation of a Library Foundation and naming a City Councilmember to the Board of Directors. 5-D. Authorize City of Southlake funding to Metroport Cities Partnership for continued support of transportation advocacy initiatives. 5-E. Award of bid to Parrott Communications for fiber optic network installation. 5-F. Authorize the City Manager to enter into a contract with New World Systems for a wireless connectivity system. 5-G. Authorize the Mayor to enter into a contract with Avalon Financial Services to serve as consultant to coordinate the bid process for a depository contract. 5-H. Award of bid to Global Group for printing of City recreation catalogs and rejection of all bids for printing the city newsletters. 5-1. Authorize the Mayor to enter into an Agreement for Community Services with the Women's Shelter. 5-J. Approving the appointment of Ron Harper as Director of Public Works. 5-K. Resolution No. 99-76, Adoption of Annexation Plan for the City of Southlake. 5-L. Authorize the City Manager to enter into a lease agreement with Lanier Corporation to provide copiers for city facilities. 8-B. Ordinance No. 761, 1st Reading, An ordinance amending Ordinance No. 682 relating to the manner of appointments and terms of office of the members of the board of directors of the Tax Increment Reinvestment Zone Number One of the City of Southlake. 9-A. Resolution No. 99-77, Casting City of Southlake votes for election of members of the Board of the Tarrant Appraisal District. 9-B. Resolution No. 99-78, Appointment of three members to the Board of Directors of the Tax Increment Zone Number One of the City of Southlake. 10-A. Authorize the Mayor to execute a developer agreement for Versailles, Phase III. Regular City Council Meeting Minutes of November 2, 1999 Page 6 of 26 10-D. Authorize the Mayor to execute a developer agreement for Crossroads Square, Lots 2R1, 2R2, and 4R. IO-E. Authorize the Mayor to enter into a seven (7) year lease/purchase agreement between Motorola, Inc., and the City of Southlake for 800 MHz radios and consoles for police services. IO-F. Authorize the Mayor to enter into a renewal contract between Euless B & B Wrecker and the City of Southlake for emergency and non-emergency wrecker service. 10-G. Authorize the Mayor to enter into Amendment #3 with Cheatham and Associates for architectural and engineering services relating to proposed improvements at Bob Jones Park. Motion was made to approve the consent agenda as follows: Agenda Item #5-A, as amended; #5-B; #5-C, naming Debra Edmondson as City Councilmember representative on the Library Foundation Board of Directors; #5-D, specifying that the $5,000 to the Metroport Partnership is to be paid in one lump sum in this fiscal year; #5-E, #5-F, #5-G, #5-H, #5-I, #5-J, #5-K, #5-L; #8-B, 1st reading, setting the terms to be effective in May; #9-A, naming Robert Hatfield; #9-B, naming Councilmembers Rex Potter, Patsy DuPre and Susan Logan, president of the CISD Board of Trustees; #10-A, with a revised page 12 as was given during the work session, indicating a $160,000 estimated maximum cost of the road improvement; #10-D, including a specification of $6,487. Street cost to be reimbursed to the City and the cost of a 8' wide trail at $3.00 a s.f.; gl0-E, gl0-F, with insurance changes as the Director of Public Safety indicates; and gl0-G, tabling to the December 7, 1999 City Council meeting. Motion: Second: Ayes: Nays: Approved: Fawks DuPre Fawks, DuPre, Edmondson, Potter, Kendall, Moffat, and Stacy None 7-0 vote ADDITIONAL INFORMATION REGARDING CONSENT AGENDA ITEMS 5-A. Approval of the minutes of the Regular City Council meeting held October 19, 1999. The minutes were approved as amended. Approve revisions to the Project and Community Matching Funds Policy. In Fiscal Year 1998-99, the Parks and Recreation Board and SPDC allocated $90,000 in matching grant funding to projects proposed by community-based organizations. At the September 27, 1999 joint Parks and Recreation Board/SPDC meeting, board members requested that staff revise the policy in the following areas: Regular City Council Meeting Minutes of November 2, 1999 Page 7 of 26 5-8. · Placing a six (6) month time limit for a petitioner to raise the matching funds required by the proposal and begin work on the project. · Parks and Recreation Board approval of the size and verbiage on any signage requested in a project proposal. Staff is proposing to require that a petitioner must indicate on any proposed signage that the project was completed in part through the SPDC Matching Funds Program. The proposed revisions also include minor grammatical changes not intended to change the context of the policy. Resolution No. 99-75, Supporting creation of a Library Foundation and naming a City Councilmember to the Board of Directors. Southlake is currently in the process of establishing the City's first library, which is to be housed initially within the new Town Hall bu/lding. The new library will offer over 10,000 square feet of public area and 17,000 square feet of shared space and staff work areas. Long range goals propose a permanent stand-alone facility totaling approximately 40,000 square feet. The Southlake Library Foundation will be beneficial in raising the public awareness and support for a permanent library to serve the City's estimated build-out population of approximately 38,000. Library foundations currently exist within numerous communities throughout the nation and have been instrumental in gaining fmancial and public support for library capital improvement projects and general library enhancements. The initial purpose of the Library Foundation will be to raise funds to support the development of a permanent library facility. The proposed Southlake Library Foundation will include a Board of Directors consisting of one City Council member, one Library Board member, and a variety of community leaders yet to be determined. Councilmember Debra Edmondsun was selected to serve as the City Council member to the Board of Directors. Authorize City of Southlake Funding to Metroport Cities Partnership for continued support of transportation advocacy initiatives. The Metroport Cities Partnership is an organization of communities in north Tarrant County and southern Denton County. Current member cities are Southlake, Trophy Club, Westlake, Keller, Haslet, Roanoke, and Grapevine. The Metroport Cities Parmership was formed for the collective benefit of the region, with particular emphasis on the advocacy of transportation improvements for the region. The City Council approved this item specifying that the $5,000 to the Metroport Partnership is to be paid in one lump sum in this fiscal year. Award of bid to Parrott Communications for fiber optic network installation. At the present time the city operates using a wireless radio frequency system between city locations to transfer data from one site to another. The present system is overcrowded and inefficient to handle the capacity of all the network users. The installation of fiber optics will allow more than adequate amount of bandwidth for the transmission of data. During the FY 1999-2000 budget process this problem was discussed and approved for $100,000 for the installation of a fiber optics Regular City Council Meeting Minutes of November 2, 1999 Page 8 of 26 5oG. 5-8. network within the city. Parrot Communications, Inc. submitted a bid of $84,919.82. Authorize the City Manager to enter into a contract with New World Systems for a wireless connectivity system. Last year while purchasing the new city-wide software packages the city negotiated for the purchase of the wireless eouneetivity system. This will replace the non-Y2K complaint equipment that the City has used in the past for police officers to have access to the state and national crime databases. This package will also allow for fire service to interfaen with the communications center. Additionally, this will allow police officers to write reports in the field and immediately transmit the data back to the center. During the FY 1999-2000 budget process this problem was recognized and prepared for. The City Council approved an amount of $115,971. New World Systems submitted the bid during the process last year as part of their overall package and our contract with them at that time locked the price of the proposal. Authorize the Mayor to enter into a contract with Avalon Financial Services to serve as consultant to coordinate the bid process for a depository contract. On January 3, 1997, the City awarded Texas National Bank of Southlake the Depository Services Contract for a three-year period, with an optional two-year renewal, for a total cost of $15,409. The bids were evaluated based on several criteria: 1.) Ability to perform and provide the required and requested services; 2.) Cost of banking services; 3.) Completeness of the bid; 4). Funds availability; 5) Interest rates paid on accounts, deposits and investments; 6.) Earnings credit on account balances; 7.) Financial strength; and 8.) Convenience. The three- year period ends February 1, 2000. The financial consideration for this service is $5,000. Award of bid to Global Group for printing of City recreation catalogs and rejection of all bids for printing the city newsletters. Printers were asked to bid on two packages, including three options for the city newsletter and two for the recreation catalog. Those options are detailed on the summary page attached to the minutes of this meeting. The FY 99-00 Parks and Recreation Budget includes $27,000 for recreation catalog printing. Staff suggested the City Council reject all bids for printing the city newsletter and authorize staff to repackage and readvertise the bids, targeting web-press printers in an effort to secure more cost- efficient bids; and award Option 2A bid to Global Group for printing the recreation catalog. Authorize the Mayor to enter into an Agreement for Community Services with the Women's Shelter. The Women's Shelter, Inc. is a non-profit organization headquartered in Arlington. They provide assistance to Southlake residents from satellite branches in Northeast Tarrant County. Services include counseling programs for children, victims, and offenders. They also provide the following services: 24-hour hotline, community education and training, transitional services programs for victims and their families, legal support and referrals, court Regular City Council Meeting Minutes of November 2, 1999 Page 9 of 26 accompaniment, advocacy with the police, courts and district attorney's office, and temporary residential facilities. The Women's Shelter provided services to approximately 40 Southlake residents during the FY 1998-99 year. The Women's Shelter has continued to be responsive to calls for assistance over the years, with usually a 30-45 minute response time if called to meet a victim at their residence, the police department or a hospital. The proposed service agreement calls for $1,000 to be paid to the Women's Shelter for services rendered to the community. The approved FY 1999-00 Community Services Division Budget has allocated $83,500 for community services, $32,925 of which has been appropriated by City Council to date. Approving the appointment of Ron Harper as Director of Public Works. At the October 19, 1999 regular City Council meeting, Council approved by Ordinance No. 758, the consolidation of the Public Works and Engineering Services Departments. Recall that Ron Harper was Engineering Services Director and upon the resignation of the director of Public Works was appoimed as interim director. Resolution No. 99-76, Adoption of Annexation Plan for the City of Southlake. The 76th Texas Legislature passed S.B. 89 that requires all cities to adopt an annexation plan by December 31, 1999. The City of Southlake, at this time, anticipates no annexations that need to be placed in the plan to be annexed after three years, but the City is still required to file a plan via resolution stating that the City does not intend to annex any territory. Authorize the City Manager to enter into a lease agreement with Lanier Corporation to provide copiers for city facilities. At the present time the city operates a total of eight copy machines. Three of which are leased and the remaining classified as city-owned equipment. Of these city-owned systems, four are either in non-working order or poor working order. These systems need to be replaced to facilitate the needs ofstaffto complete work assignments. During the 1999-2000 budget process this problem was discussed. Staff requested and Council approved a budgeted amount of $73,806 to provide this service. After negotiating with Lanier Corporation, a State Qualified Information Service Vendor, the City has received a price of approximately $39,000 to provide this service. Ordinance No. 761, Ist Reading, An ordinance amending Ordinance No. 682 relating to the manner of appointment and terms of office of the members of the board of directors of the Tax Increment Reinvestment Zone Number One of the City of Southlake; providing that this ordinance shall be cumulative of all ordinances; providing a severability clause; and providing an effective date. Some recent legislative changes allow for the amendments to the section related to the TIRZ board appointments and terms of office. The revisions reflect issues identified over the past two years related to the TIRZ Board appointment process. Regular City Council Meeting Minutes of November 2, 1999 Page 10 of 26 IO-A. The changes to the board of directors section of the ordinance includes the following: Each board member serves at the will and pleasure of the governing body that appointed them to the board, and may be removed by a majority vote. Clarifying that the TIRZ Board members who are also City Councilmembers shall serve until their term of office as City Councilmember expires. The ordinance also changes the terms of office of the board members to two years (as required by statute) instead of three years. The City Council will continue to appoint eight members to the board of directors of the TIRZ, and the governing bodies of each of the taxing units participating in the TIRZ shall each appoint one momber to the board. The participation agreement with the CISD calls for the City to allow the School District to name one of the City's appointees to the Board of Directors of the Reinvestment Zone. Resolution No. 99-77, Casting City of Southlake votes for election of members of the Board of the Tarrant Appraisal District. The terms of service for the five members of the Tarrant Appraisal District Board of Directors will expire on December 31, 1999. Tarrant Appraisal District has calculated the number of votes for the City of Southlake based on the amount of the 1998 adjusted tax levy imposed by the City. The City of Southlake is entitled to cast twenty-eight (28) votes collectively or separately for nominees for the Board. City Council voted to cast all twenty-eight (28) votes for Robert Hatfield. Resolution No. 99-78, Appointing three members to the Board of Directors of the Tax Increment Zone Number One of the City of Southlake. The City Council appointed Councilmembers Rex Potter and Patsy DuPre and CISD Board of Trustee Susan Logan, President of the Board, to the TIRZ Board. Authorize the Mayor to execute a developer agreement for Versailles, Phase Ill. The preliminary plat for Versailles Addition Phase III was approved by City Council on June 1, 1999. The developer agreement is the City's standard residential developer agreement covering the construction of public facilities. The City staff required the construction of the east one-half of South Carroll Avenue along Versailles Addition Phase III as was done on Phases I and II. The estimated cost of the east one-half of South Carroll Avenue is $129,504. Approximately $54,000 could be credited toward roadway impact fees and another $29,370 for inspection fees could be reimbursed to the developer if the City Council chooses to participate. The motion was made to approve with the information provided in revised Page 12, which was distributed during the work session tonight, indicating a $160,000 estimated maximum cost of the road improvement. Regular City Council Meeting Minutes of November 2, 1999 Page 11 of 26 IO-D. iO-E. IO-F. Authorize the Mayor to execute a developer agreement for Crossroads Square, Lots 2R1, 2R2, and 4R. In the City Council approval of the site plan for Crossroads Square Shopping Center, the widening of a portion of North White Chapel Boulevard adjacent to the shopping center was required. Since the construction of the ultimate roadway section of North White Chapel Boulevard is anticipated to be constructed during the same time that the shopping center improvements are being done, it seems appropriate to delete that widening but require the developer to pay to the City a portion of the estimated cost of that widening. Also, the replacement of the existing 12-inch water line in North White Chapel Boulevard will be done with the intersection improvements in lieu of the shopping center construction. Council noted the developer's commitment to comply with the requirements of Crossroads, Ltd., in the exchange contract with the City of Southlake, which requires Crossroads to mitigate trees that they remove, remove and replace the sand volleyball court, remove and relocate a portion of a trail and protect trees in the "no development area" of the site. The motion includes a specification of $6,487 street cost to be reimbursed to the City and the cost ora 8' wide trail at $3.00 s.f. Authorize the Mayor to enter into a seven (7) year lease/purchase agreement between Motorola, Inc. and the City of Southlake for 800 MHz radios and consoles for police services. The proposed seven (7) year lease consists of armual payments of $127,811.27 in arrears beginning November 1, 2000. At the end of the seven-year term on November 1, 2006, the City will own the radios and consoles. Allocation of funds each year is necessary to continue the lease for the next seven (7) years. The lease will cost $894,678.89 over the seven-year lease period. The radios and consoles may be purchased outright for $714,761.00. Purchasing the equipment would save interest cost, but a capital expenditure of this amount would likely require the sale of bonds with an interest rate of around 5%. This lease/purchase agreement has an annual effective rate of 5.95% compounded annually. The equipment is covered by a 120-day parts and labor and a one (1) year parts warranty. DPS would budget for standard maintenance in the FY 00/01 operating budget. Authorize the Mayor to enter into a renewal contract between Euless B&B Wrecker and the City of Southlake for emergency and non-emergency wrecker service. This agreement will maintain the current five year wrecker contract due to expire November 16, 1999. The agreement mirrors the previous contract with several minor changes. The proposed new contract will continue to have a five year cycle, automatically renewable each year. The contractor, in return for the city's exclusive business, agrees to a response time of twenty (20) minutes or less. They will also furnish two storage spaces indoors for storage of designated vehicles, such as evidence at trial. They will bill the City for only the minimum storage fee for storage of a seized vehicle, or if returned to the owner, from the date of release to the time picked up. The new contract also contains provisions for flee towing and tire changes of all DPS and City administrative vehicles less Regular City Council Meeting Minutes of November 2, 1999 Page 12 of 26 than one-ton from anywhere within the City of Southlake. This contract will save the City the expense of towing for DPS vehicles less than one-ton and provide for savings of storage in cases of seized vehicles pending court order and vehicles stored for evident'lary purposes. 10-G. Authorize the Mayor to enter into Amendment #3 with Cheatham and Associates for architectural and engineering services relating to proposed improvements at Bob Jones Park. This item was tabled to the December 7, 1999 City Council meeting. Agenda Item #6, Public Forum Susan Johnson, 308 Lakeside Court, Southlake. Ms. Johnson stated a few weeks ago she stood at the podium and gave testimony at a Zoning Board of Adjustments hearing regarding a revision to a Concept Plan in an SP-2 zoning case. She stated at the conclusion of the ZBA meeting she was pleased that the board ruled with the citizens on the issue of substantial conformance. She stated in her mind, the issue of whether a revision to a Concept Plan is allowable under the SP-2 zoning has not been adequately resolved, noting, that she understands that it was not within the authority of the ZBA to address this issue as part of a specific case. She stated the reason she was at the meeting was because she feels citizens and developers should be able to read the Zoning Ordinance and clearly understand the proper roles and procedures. Although most of the ordinances are very clear, the issue of a revision to a Concept Plan is not. She stated, '~Not only is it unclear to laypersons such as myself, it is unclear to the legal community as well. There were several lawyers present at the ZBA meeting, all with substantial credentials and experience in Zoning Law. Several lawyers were in attendance to represent the developer, and Angela Washington, a former Dallas City Attorney, was present to represent the Oak Tree Estates homeowners. Each of these lawyers has a different interpretation of the proper process for a revision to a Concept Plan under the SP-2 Zoning." Ms. Johnson stated the spirit of the zon'mg ordinances need to be protected. Our zoning ordinances are here to protect the city and its citizens by allowing the city officials to determine what is in the best interest of Southlake. They are not here to make it easier for a developer to get what they want in spite of whether it is in the best interest of the city. She asked that the City Council amend the Zoning Ordinance making the procedures and guidelines that they believe to be in the best interest of the city clear and specific. Councilmember Rormie Kendall asked Ms. Johnson if she would be interested in serving on a work group committee regarding the amendment of the zoning ordinance. She stated Council likes to get the citizens involved by working on such a work group. Ms. Johnson stated she would be interested. Councilmember Rex Potter said after the ZBA hearing, he asked the City Manager to meet with the Zoning Administrator as well as the City Attorney to look at this issue. He asked them to exam'me at what is in the Zon'mg Ordinance itself as well as the internal Regular City Council Meeting Minutes oflNovember 2, 1999 Page 13 of 26 City policy so that there is a clear and direct understand'rog of what the City wants to come out ora particular issue. The City Manager has agreed to look into the matter. Councilmember Gary Fawks asked the City Manager to put an item on the City Council meefmg agenda for discussion on the first meeting in January 2000 for this purpose. Agenda Item #7-A~ Ordinance No. 754, 2na Reading~ Amending the City's Master Thoroughfare Plan Senior Planner Chris Carpenter presented Ordinance No. 754 for second reading noting that nothing in the proposal that was taken to the Planning and Zoning Commission or the ordinance in the first and second readings have changed. He said the Master Thoroughfare Plan is an instrument the City uses to acquire fight-of-way from a development when a developer comes before the City Council on a particular piece of property. It gives the city the ability to reserve area set aside for the construction of a road should it become necessary. This is what the Thoroughfare Plan does and this is the item that is before the Council tonight. It does not go beyond that point, at this point. The element of the Thoroughfare Plan amendment would be to continue the existing and dedicated right-of-way that the Carroll Independent School District dedicated across Carroll Junior High School, a 50' width, and additional right-of-way requirement across a portion of Durham Elementary and continue that from Shady Oaks over to Peytonville Avenue in the area of the undeveloped property. This has been approved by the Planning and Zoning Commission and was taken to a Citywide SPIN meeting. This item was approved by the City Council in first reading. At the second reading phase Council determined it would be in the best interest of everyone that staff go back and look at some traffic dynamics in the area. Staff did that and presented information on October 31, 1999 to a very substantial group of residents. Councilmember Gary Fawks questioned the alignment of the existing right-of-way and asked, "Is it correctly represented at the Carroll Junior High School site -- so the right-of- way they dedicated is going to mix with the entrance to the school property?" Carpenter replied, "Yes." Director of Public Works Ron Harper addressed the traffic issues around the existing schools as reported by the traffic engineer. PUBLIC HEARING: Bill Runyan, 979 Shady Oaks Drive, Southlake. Mr. Runyan stated he does not want to see a thoroughfare on one of the few remaining large parcels of property in the city. He stated if we have to have a road, why don't we use Highland as he does not see a reason to have a road with that configuration. He stated his biggest concern is water drainage, The area is a water holding tank. We cannot give up one inch of the holding tank. He stated the City should not jump into something like this property Thoroughfare Plan amendment without doing a lot of research. Regular City Council Meeting Minutes of November 2, 1999 Page 14 of 26 James Hoglund, 108 Killdear, Southlake. Mr. Hoglund stated he is not comfortable with the development plan as there are not enough links planned together; it is like one piece of the pn~!e. He stated he has a lot of sympathy for the residents in Coventry Manor. He stated he prefers that the activity be put under severe restrictions based on the school building and road expansion, or that the item be tabled for further consideration possibly for months or years, tied to a restriction on the current land that the issue has to be revisited or that it has to stay in Iow density residential. He does not feel that the issues have been thought out and feels the ramifications are a lot deeper than we want to get into by passing an amendment. Douglas Mayer, 903 Turnberry, Southlake. Mr. Mayer stated he is president of the homeowners association and they support the Thoroughfare Plan, not just for Coventry residents, but for all the citizens. Paula Egger, 1075 North Peytonville Avenue, Southlake. Ms. Egger stated she lives in the line where the proposed thoroughfare is to come through. The fact that this is just a proposed plan, once those go in, they devalue the property and this will make it impossible for her to sell her property. She asked the City Council to take this into consideration. Chris Miltenberger, 1401 Exeter Court, Southlake. Mr. Miltenberger did not speak but wanted the record to reflect that he is in support of the proposed Thoroughfare Plan. David Sargent, 1503 Norwich Court, Southlake. Mr. Sargent said every morning he travels the roadways and sees the traffic flow into the Coventry neighborhood. With the traffic that is on the roadways now, Turnbury was not engineered for that kind of traffic. With or without the school and the development, the traffic is going to increase and we need to have another thoroughfare to reduce the traffic on Tumbury. He recommended that the proposed plan be approved. Kathy Leftwich, 1369 Cross Timber Drive, Southlake. Ms. Lefiwich stated she works at Carroll Elementary School and lives on the comer of Peytonville. She stated she is against the road because of what it will do to Peytonville Avenue. She also cited traffic, noise, and fumes of cars going by as some of her concerns. She stated she does not have the answers but wishes something else would be considered. Betty Runyan, 979 Shady Oaks Drive, Southlake. Ms. Runyan stated their privacy has been invaded. They really have traffic problems at this time and object to the road being located there. There are other streets that need improvements; why worry about this future road at this time. Craig Martin, Southlake. Mr. Martin asked about the other possibility that was suggested by Mr. Runyan, as it clearly defines that there are other alternatives. As the City grows traffic is our major concern. All he is asking is that the City make this decision afler some of the other issues have been addressed. Regular City Council Meeting Minutes of November 2, 1999 Page 15 of 26 Doug Egger, 1075 North Peytonville Avenue, Southlake. Mr. Egger stated that they live where the thoroughfare will end up. It will take about 1/3 of their property which will make their home inhabitable. The original thoroughfare on the city plan was on the north side and went through Coventry and was there for ten or twelve years. "The developer who developed Coventry went through the houses and now Coventry has problems. There are thirty-nine homes that go through Coventry." He stated he is opposed to the plan. He stated he needs this road erased from the proposed Master Plan. He said the first report that was given was not correct in the number of cars per day. Chris Carpenter stated the difference in the traffic counts are the result of reporting for peak hours and twenty-four hours per day. Mayor Rick Stacy commented, "Everywhere we build schools, we create traffic congestion." Mayor Stacy stated he cannot leave this issue without pointing out a mistake. When this subdivision was developed, there was a road that extended out to Shady Oaks Drive. This was before the school was in place. The developer at the tune came to Council and talked Council into taking that proposed road off the plan. No one on the current council was on the Council at that time. He stated he does not know the answers, but he wants to say that the City is faced with tremendous traffic problems, but no one wants to have the road in front of their house, but everyone wants relief from the traffic. He stated he agrees that there is more traffic coming to this community. He stated he does not know the answers and he does not know how to fix the problem without building roads. Public Hearing closed. Councilmember Rome Kendall stated she likes Mr. Runyan's idea, to move the road north. Councilmember Gary Fawks stated he agrees, "Everytime I drive Highland, I do not know how the road will fit in because of the drainage field and that alone may be a real compelling argument to align the road with Highland. There are too many driveways on Highland. If the road is moved up north, we are only effecting a single property besides the school." Councilmember Debra Edmondson stated, "I'm glad that this has been brought out because I have had some heartburn because of the road across Durham, largely because of the drainage issues that are there. My concern has always been the east-west road between Peytonville and Shady Oaks, and the reason is because of the traffic in Coventry and it is firmly my belief that if or when the school goes in on Tract A, whether we put that east-west road through or not, it will be unfortunate for those of us who live off Peytonville. I count myself as one of them. There will be increased traffic on Peytonville and it will be generated by the middle school when they use this east-west road to take their children to school. If they don't use the east-west road they will use Coventry. This is just a fact because they will take the path of least resistance. If we could find a way to modify the plan and snake the road along Tract B and Tract A, understanding that it is not a final layout by any means, I would feel very comfortable with that." Regular City Council Meeting Minutes of November 2, 1999 Page 16 of 26 Councilmember Ronnie Kendall stated, "The other problem I have with this plan is it looks like you plan on using the entrance to the junior high as part of the thoroughfare and that will not work." Mayor Stacy stated, "What I asked for when we had to approve the Carroll Junior High School was a way to get from Durham School to the new Junior High School -- it didn't have to be a thoroughfare, it could be a driveway. I wanted a parent to be able to get from one school to another without having to go all the way around." Councilmember Gary Fawks stated, "I do know that if we move the Durham roadway, it would please the school as they are not excited about dedicating that right-of-way." Councilmember Patsy DuPre stated, "I thought that one of the reasons that this particular area was proposed was that if Tract A is going to be schools and Durham was there and Carroll was there, that this would be an advantageous road for our school buses and school traffic to be able to hit all three roads without winding in and out." Chris Carpenter stated, "The only thought particularly with this being the southerly area was to keep an offset off Woodbrook, bearing in mind the feeling at the time of aligning Woodbrook, of the Cross Timber Hills people, in keeping the roadway far enough offset so that it didn't make a complete mm movement. This alignment is closer to 350' to 400'. We realize that with the issues of the residents of this area, if things went a certain way we would have to accommodate them. It was not saying the road is going down their driveway." Councilmember Edmondson stated if thc proposed roadway were moved north, there would be homeowners in the same situation as the Eggars mentioned tonight and they are not here to represent themselves. Mayor Stacy stated if there is going to be a school eventually there, some kind of road will be needed. He stated he would like the idea of point "B" being Highland and point "A" being Woodbrook. Director of Public Works Ron Harper stated the whole purpose of adding a proposed roadway to the Master Thoroughfare Plan is it gives the city the ability to get right-of- way at no cost to the City. Mr. Harper said Mr. Carpenter stated it earlier, aligning the roadway up with Woodbrook from a traffic engineering standpoint is really the best, but it really impacts the school property because it creates a bit of space in the upper northwest comer, and it makes the property unusable. Councilmember Fawks asked if it is possible to get some sort of traffic information based on today's conditions? Hmper responded, "Today if we built that road and opened it tomorrow, most of that traffic is already going through a residential subdivision that has driveways immediately onto the roadway, where a collector road is not allowed to do so, especially a new collector roadway." If the school district builds the school there, there is going to be a lot of Regular City Council Meeting Minutes of November 2, 1999 Page 17 of 26 traffic. Staff wants to build the roadway system that is going to handle the traffic that is going to occur if the school is built. Councilmember Fawks asked if we build an extension of Highland that goes down into Woodbrook, what is our assurance that we haven't taken that Coventry problem and moved it to the other side of Peytonville? Fawks stated that traffic engineering says that in theory we are not going to be adding additional traffic into Woodbrook or Cross Timbers with this more northem plan. Motion was made to approve the Thoroughfare Plan modification connecting to Highland going 60' below the back property lines, running parallel to the property line until it connects to Peytonville Avenue. Motion: Potter Second: Moffat Councilmember Edmondson stated she certainly supports looking at other options here and finding ways to minimize the impact on everyone, but we are now making a motion on a second reading, lining up a road -- completely changing it and we have got many homeowners on the other side. She stated, "If we are going to do that, I suggest we make boundaries of where the road may go and make certain provisions." Director Harper suggested that rather than having a specific number, making it "not closer than" in the motion. Potter stated that is fine with him. Councilmember DuPre questioned, "Can we completely change this on a second reading without all those people being present?" I don't know how this will change Coventry Manor. The motion was modified to approve the Thoroughfare Plan modification connecting to Highland going not closer than 60' below the back property lines, running parallel to the property line until it connects to Peytonville. Motion: Potter Second: Moffat Ayes: Potter, Moffat Nays: DuPre, Edmondson, Fawks, Kendall, and Stacy Motion failed: 2-5 vote Senior Planner thanked the Council and audience for considering this difficult issue, and added staff will continue to study the issues and bring back a proposal in the future. Council adjourned for recess at 9:50 p.m. Council returned to open session at 10:00 p.m. Regular City Council Meeting Minutes of November 2, 1999 Page 18 of 26 Agenda Item #7-B, ZA 99-087, Site Plan for Chick-Fil-A. ZA 99-087, Site Plan for Chick-Fil-A, on property legally described as Tract 2C1 and a portion of Tracts 2B and 2C situated in the George W. Main Survey, Abstract No. 1098; Tract 6C and a portion of Tract 6 situated in the Samuel Freeman Survey, Abstract No. 525, and being approximately 1.1366 acres. Current zoning is "C-3" General Commercial District. Applicant: The Vincent Association. Owner: Southlake Kimball Venture Ltd. Senior Planner Chris Carpenter presented this item stating that seven (7) notices were sent to property owners within the 200' notification area and one (1) response was received fi-om Randolph R. Perry, Southlake/K#nball Venture, Ltd. 1130 North Central Expressway, g407, Dallas, in favor. One (1) response was received fi-om outside the 200' notification area fi-om Jeff Wang, 595 South Kirnball Avenue, Southlake, in favor. Mr. Carpenter stated on October 21, 1999, the Planning and Zoning Commission approved this item (6-0) vote, subject to the Site Plan Review Summary No. 3, dated October 15, 1999, waiving Item #Ia (provide an enclosed pitched roof); noting the applicant's willingness to eliminate the accessots' building next to the dumpster; straightening and widening the Kimball driveway to 35'; acknowledging the applicant's willingness to add additional green space if he is able to diminish the size of the dumpster; recommending the applicant take pictures of the split-faced block to City Council; recommending the applicant take pictures of their alternate proposal for storage of the power washer to City Council; and acknowledging the applicant's willingness to meet with the neighbors before the City Council meeting. Greg Lawless, Development Manager of Chick-Fil-A Restaurant. Mr. Lawless stated he was asking for three variances: 1) pitched roof (they are proposing a mansard-type screening system on the main building that provides the appearance of a pitched roof and that screens all rooftop equipment); 2) accessory storage building (they propose a flat roof at or below the attached dumpster screening wail height so that the building appears to be an extension of the dumpster area); and 3) dumpster enclosure (screen wall that matches the retaining wall currently in existence along the road of the Taco Bueno .site to the east). Mr. Lawless stated the building being proposed is 4,211 s.f. and has seating for 116 persons. He noted they will have a playground area in the front of the building and try to keep as much of the standard prototype as possible. After discussions, the Council stated he has met the spirit of the ordinance with the pitched roof. Mr. Lawless stated the primary purpose of the accessory building is to store equipment, including a power washer which is standard equipment for a Chick-Fil-A restaurant. He stated he needs a variance because the code requires that they have a pitched roof. He stated he has two dumpsters planned for this location. The retaining wall runs about three foot high along the back of the building. We propose to continue the wall and the dumpster together blending it in so that it would not look piece meal and would blend in with the building. Regular City Council Meeting Minutes of November 2, 1999 Page 19 of 26 Councilmember Potter stated fi.om the Planning and Zoning Commission minutes, it shows they were going to change the set-up in the back of the building. Lawless stated the P&Z did not like the fact that it was a storage building in the back of the main building. We told them that we had to have something to hold the dumpster and storage items. We told the P&Z that we would be willing to work with the City Council regarding this issue. Councilmember Edmondson read from the Planning and Zoning Commission minutes regarding the fact that the applicant agreed to do away with the accessory building. Edmondson asked the Zoning Administrator if this is considered an accessory use, and she replied "yes"~ According to the ordinance, the accessory building materials must match the main building. She stated she would be inchned to not grant that variance based on the pictures provided. PUBLIC HEARING: Jeff [Vang, 595 South Kimball Avenue, Southlake. Mr. Wang did not speak, but indicated he is in favor of this request. Public hearing closed. Motion was made to approve ZA 99-087, subject to the StaffReview Letter #3, dated 10- 29-99; deleting item #la; providing that the masonry screening wall shall be the same material as the restaurant; incorporating the Planning and Zoning Commission recommendation to increase the southwest driveway to 35'; and deleting the request for an accessory building. Motion: Second: Ayes: Nays: Approved: Potter Edmondson Potter, Edmondson, Fawks, Kendall, Moffat, DuPre, and Stacy None 7-0 vote Agenda Item #8-A, Ordinance No. 480-317, 1st Reading (ZA 99-057), Crown Ridge. Ordinance No. 480-317, 1st Reading, (ZA 99-057), Rezoning and Development Plan for Crown Ridge Addition, on property legally described as Tracts 8,9, 18, and 19, situated in the R. D. Price Survey, Abstract No. 992, and being approximately 63.43 acres. Current zoning is "AG" Agricultural District, with a requested zoning of "R-PUD" Residential Planned Unit Development District. Applicant: Huitt-Zolalrs. Owners: Southlake/Solana, Ltd. Senior Planner Chris Carpenter presented this item noting that fourteen (14) notices were sent to property owners within the 200' notification area and four (4) responses were received from: W.E. Lamoreaux, Jr., 6967 Blac/cwood Drive, Dallas, in favor; Barbara G. Lamoreaux, 6967 Blackwood Drive, Dallas, in favor; Jim Makens, Coppervine ,CE. Regular City Council Meeting Minutes of November 2, 1999 Page 20 of 26 2300 Airport Freeway, #230, Bedford, in favor; and Mazell F. Evans, 9426 Braddock Road, Fairfax, VA., undecided. The Planning and Zoning Commission voted to deny this case (7-0 vote to deny) during their meeting of September 9, 1999. Mr. Carpenter stated, "Because of a recommendation for denial by the Planning and Zoning Commission, a super majority vote for approval by the City Council is needed in order to approve this zoning change request." Paul Spain, Terra Land Development Company, 700 Lakeview Boulevard, Denton. Mr. Spain stated they are requesting that Crown Ridge Development be changed from a PUD to SF-1A as the development was not as warmly received by the area property owners as they had hoped it would be. We have since met with them and they agreed to modify the plan to larger lots. Councilmcmber Gary Fawks stated, "Because we do not have a plan, I want to make you aware that there are some drainage issues that have been raised, and I will take a hard look at how you deal with those issues when you do come back and subdivide this property. I hope that you will proceed very carefully on this piece of property as we are still receiving complaints with the last property you developed in Southlake." PUBLIC COMMENTS: Cara White, a resident on North 197rite Chapel Boulevard, Southlake. Ms. White stated the property owners in the area tried to encourage the developer to have larger lots. The property owners in the area are in favor of this zoning. Councilmember Fawks asked Mr. Spain if he still plans to bring sewer to this property. Mr. Spain stated they do plan to do that, and they have worked with staff on receiving credit toward the impact fees for those lots to help reimburse them for the cost of sewer to those lots and they are in agreement with that. Motion was made to approve ZA 99-057, with the amended zoning request from PUD to SF-1A. Motion: Second: Ayes: Nays: Approved: Potter DuPre Potter, DuPre, Edmondson, Fawks, Kendall, Moffat, and Stacy None 7-0 vote Agenda Item #10-B, Developer Agreement for the Sabre Group Campus Lots 1-4, Block 1. Deputy Director of Public Works Charlie Thomas presented the developer agreement for Sabre Campus, Lots 1-4, Block 1, to the City Council for approval. Mr. Thomas stated the zoning for the Sabre Group Campus at Kirkwood Boulevard and SH 114 was approved during the summer. Construction plans for infrastructure improvements have Regular City Council Meeting Minutes of November 2, 1999 Page 21 of 26 been approved by Public Works. The relocation of the 12-inch water line is the only public improvement included in this developer agreement. The Public Works Department does plan to inspect the construction of Kirkwood Boulevard (private street) and that is included in the developer agreement. The developer is requesting that in the developer agreement they be allowed to clear the pad sites for Phase I prior to the approval of the site plan. The agreement also includes the limitation of the use of North White Chapel Boulevard for construction traffic for six months with the requirement that any mud tracked onto White Chapel Boulevard be cleaned up by Sabre on a daily basis. The City will reimburse the developer for the relocation of the 12-inch water line by providing credit for various fees. The Park Board accepted park land dedication and engineering design of the trail and provision of additional width on future Kirkwood Hollow bridge to accommodate trails in lieu of park fees. Jeff Stewart, project manager of Sabre. Mr. Stewart stated pending approval of the developer agreement they would like to begin construction of the Kirkwood extension in December, 1999. Currently they are finalizing the site development plans for Phase I of the project. They anticipate submitting that to staffby November 29, 1999. In regards to Phase I, it consists of two buildings and a parking garage, a one-story building, one five- story building and a four-story parking garage. The PUD allows for a six-story building maximum so they are in compliance with the ordinance. They have finalized the building locations, spending a lot of time paying attention to the existing trees and working with the contours. One of the things that attracted them to the site were the trees. The schedule anticipates presenting the site development package at the January 18, 2000 City Council meeting. The status of the bridge is it is designed and with the developer agreement they will start building it in December, 1999. They agreed to complete the bridge in six months and doing away with the White Chapel access and they are still comfortable with that. Don McComich, CCS, Project Manager. Mr. McCormich stated they plan to have work going on during the month of December. Councilmember Patsy DuPre asked if Council needs to get some kind of interim agreement signed that the developer is committed to pad sites that are set out there and that they would not change the plan. Mr. McCormich stated that is correct; there would be no change. He also stated he would not do anything on the property until they have submitted their documents to the city. Mr. Shupe, attorney for Sabre stated regarding the "indemnification clause," that he hates indemnifications and they should all be taken out of the agreements. What the agreement states is that if anything bad happens during the construction they hold the City harmless either directly or indirectly. There is also a provision for payments bonds, and maintenance bonds. The area he has taken out is an open-ended indemnity. The city's developer agreement does not have any termination period for indemnities and it deals with the city's own negligence. If something bad happens at common law, the city is liable for the bad stuff they do and [the developer] is liable for the bad stuff they do. He Regular City Council Meeting Minutes of November 2, 1999 Page 22 of 26 stated he took out the part that says if something happens they have to pay all the attorney fees, costs and expenses and to pay for all those people who were injured. City Attorney Wayne K. Olson stated, "I don't disagree with anything Mr. Shupe has said, and I understand from his perspective why he would be concerned with this indemnification. The way we have written this is we have tried to adopt what is known as an expressed negligence clause which says a developer will be responsible for anything that goes wrong, even if the developer alleges the city was responsible for those damages. According to the law in Texas, if we don't have this provision in there, and if we get into a dispute about whether the developer or the city were negligence, then the notification agreement basically can be thrown out the window because you end up in court and litigate it. You have to put it in bold letters, you have to specifically provide that the developer is going to indemnify the city, even if we were negligent ourselves otherwise all it will take is an allegation that we were negligent and the developer could avoid liability." Councilmember Debra Edmondson stated, "Of the four developer agreements we have on the agenda tonight, the other three indemnification clauses have been left in the agreements." Edmondson stated regarding the impact fees, "Normally, this is payable at 100% when they get a building permit, and we never discussed phasing of the payment of the impact fee schedule. I personally have an issue with that; I think they should pay 100% when they get their building permit." Councilmember Gary Fawks stated, "I think that is very valid. When we make a financial deal, we are going to abate certain taxes, and some other things, and I think it is almost unfair at this point in time for them to say we want to do some other things as well. They agreed to pay the fees and then to ask to have them delayed." Mr. Shupe stated when they read the document, it seemed to be tailored around residential or projects of much smaller scope than what their project. Mr. Shupe commented, "Our project construction time is going to be twenty to twenty-four months, and we feel that possibly Council would entertain doing the payment schedule, as Phase One is in access of $800,000." Councilmember Patsy DuPre suggested doing a payment schedule for the fees. She suggested 25% every six months of construction. Councilmembers discussed the arrangements that were made for Gateway Plaza and Town Square. Mayor Stacy stated he does not recall when a developer was asked to pay an impact fee of this amount of money when the project first began. Councilmember Edmondson stated, based on the Director of Public Works Ron Harper's reminder, she does not have a problem with the way it is written in the agreement. Councilmember Gary Fawks stated he is not comfortable with the way the agreement is written regarding the Tree Preservation Ordinance on page 10B-14 of the agreement, in paragraph B. Regular City Council Meeting Minutes of November 2, 1999 Page 23 of 26 Motion was made to approve the Sabre Group Campus Commercial Developer Agreement with the following modifications: · Page 10B-4, Section I, E (1) (a) adding back in the words, "Cost of streets and drainage" · Page 10B-4, Section I, E (1) (b) adding the words, "streets and drainage" · Page 10B-5, Section I, F acknowledging the applicant's commitment that the location of the buildings will not change from their submission of November 29 · Throughout the developer agreement where it references the "Director of Engineer Services" change that to the "Director of Public Works" · Page 10B-il, Section III, A (2) adding the last paragraph back in "Developer agrees to indemnify the City, its officers and employees for any damages, claims or liabilities arising fi-om the negligent act or omission, or of the concurrent negligent act or omission, of the City, its officers and employees." · 10B-14 Section IV, E (a), Tree Preservation Ordinance. Modifying the first paragraph, "All construction activities shall meet the requirements of the Tree Preservation Ordinance No. 585-A, or as modified by Sabre Non-Residential PUD Ordinance No. 480-313." · 10B-Il, Section III -A, completely restoring that entire section as it was originally printed. Motion: Edmondson Second: DuPre Ayes: Edmondson, DuPre, Potter, Fawks, Kendall, Moffat, Stacy Nays: None Approved: 7-0 vote Agenda Item gl0-C, Kirkwood Hollow Addition, Phase II, Developer Agreement Deputy Director of Public Works Charlie Thomas presented the developer agreement for Kirkwood Hollow Addition, Phase II, and stated that the preliminary Plat for Kirkwood Hollow Addition, Phase II was approved on August 17, 1999. Kirkwood Hollow Addition, Phase II is a residential subdivision located north of Dove Street and west of North White Chapel Boulevard. There are several changes as indicated in the document in the Council packets. He noted the particular items to be addressed in the developer's agreement for Kirkwood Hollow Addition, Phase II are: · Page 1, IB. The developer requests the release of eight lots for building permits after installation of water and sewer in lieu of the normal ten percent (three in this addition). · Page 2 and 3, IG. The City will credit the inspection fees of three percent (3%) and the administration processing fee of two percent (2%) of construction costs against previous water improvement costs. · Page 5, II. D. 2. Developer is requesting that the installation and operation costs of street lights be credited towards the previous water improvement costs. Regular City Council Meeting Minutes of November 2, 1999 Page 24 of 26 · Page 7, II. G and II. H, Developer will maintain the amenities until such responsibility is turned over to a homeowners association or "other maintenance entity." · Page 1 l, IV. A. Offset of Fees. This paragraph explains the offset of fees against previous developer expenditures for City water improvements. It states that the total due to the Developer is $839,151.90 and the City will discount 50% cost of all water received by Developer and credit fees and costs as per this agreement until the above total amount is reduced to zero. · Page 12, IV. B. Parkland Dedication. Developer has dedicated 4.88 acres of land for parks and the Park Board has recommended a 100% credit toward the Addition's park fees. · Page 12. IV. C. Roadway Impact Fees. Developer is requesting that the required roadway impact fees be credited against the previous water improvements costs. · Page 13. IV. D. Sewer and Water Impact Fees. Developer is requesting that these required fees be credited against the previous water improvement costs. · Page 13. IV. E. Other Fees. Developer is requesting that zoning change fees, development plan and preliminary plat application fees and the final plat filing fee be credited against the previous water improvement costs. This amount is $3,346.00. According to Mr. Thomas, because these credits are based upon construction contracts and percentages thereof, the credit is estimated on the attached documents, and include: · Net due from City to MTP/IBM is $839,151.90. · Credit offset by Kirkwood Hollow Addition, Phase I, Developer Agreement is $277,962.00. · Estimate of credits for Kirkwood Hollow Addition, Phase II is $152,974.00. · Total remaining due from the City is $348,377.90. This remaining total will be credited to Developer through future development fees and Developer will receive a discount of 50% off the cost of all water received by Developer from the City, with such discount to be applied against the previous water improvement costs until the amount is reduced to zero. This is in accordance with the January 1988 Developer Agreement. Because the trails portion of the Traffic Management Bond Program will be under construction in the near future, the contractor will pay to the City the estimated cost of $28,600 for the required 8-foot wide trail along North White Chapel Boulevard and its construction will be done in the City contract. On page 10C-17, the developer has requested to cross any dedicated park lands with utilities and easements. They want the right to put in storm sewer pipe within the easement. The developer has the right for construction access to cross the park land on the existing gravel drive as it crosses Lot 19. Regular City Council Meeting Minutes of November 2, 1999 Page 25 of 26 Richard Kuhlman, Maguire Partners. Mr. Kuhlman was present to answer questions of Council. He stated he has no problems with Mr. Thomas' comments regarding use the easement that is there and the use of the credits. Motion was made to approve the Developer Agreement for Kirkwood Hollow, Phase II with the following changes: Motion: Second: Ayes: Nays: Approved: · Page 10C-17, Park Land Dedication. (1) the Developer would be allowed to put a storm sewer pipe in the dedicated easement. (2) delete. (3) developer has the fight to access fi:om North White Chapel on the existing gravel drive on Lot 19. (4) for the mount of $38,600. DuPre Potter DuPre, Potter, Fawks, Kendall, Moffat, Edmondson, and Stacy None 7-0 vote Agenda Item #Il-A, and #11-B Discussions: Ordinance No. 585-B, and Ordinance No. 480-JJ. Ordinance No. 585-B, amending Ordinance No. 585-A, Tree Preservation ordinance and Ordinance No. 480-JJ, amending the Comprehensive Zoning Ordinance with regard to impervious coverage requirements for non-residential districts, were not discussed this evening due to the hour. However, Councilmember Gary Fawks stated he has reviewed the ordinances as they appeared in the packets and has no changes to make. Agenda Item #12, Adjournment. The Regular City Council meeting was adjourned by Mayor Rick Stacy at 11:45 p.m. S~mdra L. LeGrand City Secretary Mayo{ Rick Stacy Regular City Council Meeting Minutes of November 2, 1999 Page 26 of 26 City of Southlake Contingency Plan for Computer Systems 1. Objective of the Plan To identify areas of possible computer malfunction and ensure that any disruption in computer operations within the city government does not adversely affect the city's service distribution to the public or is minimal. 2. Criteria and Procedures for Activating the Plan Any disruption in hardware or software operation deemed by the Technical Services supervisor to necessitate the activation of response plans will be considered sufficient criteria for the activation of said plans. In the event of either hardware / software failure or system -wide network failure, each department may set their own criteria for activating their department's contingency plans. 3. Roles, Responsibilities, and Authority Responsibility for contingency plans for computer systems and software is solely that of Technical Services. Responsibility for developing contingency plans for the daily conduct of business without benefit of the computer network will fall on the individual departments impacted by an absence of computer processing. The Technical Services supervisor will activate the plans for hardware / software recovery as need arises and in response to events and circumstances as they occur. 4. Procedures for Operating During or After System Failures Both our Windows NT and AS400 operating systems / networks have built -in hardware redundancy. Software backups are also currently in place for immediate operational and data recovery, the protection of which extends into the Y2K critical times. Plans are being drawn at this time to provide for the continuing business of the City in the case of widespread computer network failure or unavailability – as would be the case with an extended (longer than several hours) loss of electricity. 5. Resources Available To Support Emergency Operations • Personnel — Technical Services personnel are aware of the logistics of our hardware and software redundancy. Most, if not all, of the City employees are aware of our software and data backups. Technical Services employees will be aware of the logistics in the case of power failure or other complete network outage, and individual department heads will be advised of the impact on their business as well as the plans for enabling them to conduct business without the computer network. • Equipment — No extra resources will be needed in the case of a machine - specific system or software failure. In the event of the entire computer network becoming non - operational due to an extended and uncompensated power outage, each department that normally uses the computer network in the conduct of its daily business will need the paper and/or forms specific to their job 6. Criteria and Procedures for Returning to Normal Operations Criteria for returning to normal operations would be: 1. The acquisition and installation of hardware in the event of hardware failure; 2. The determination and implementation of data / application replacement in the event of an operating system or application failure; 3. That time when the system -wide network has been restored to operation following an extended and uncompensated loss of electricity. Following restoration of services above, each department having transitioned into backup operation will also have established the criteria for returning to normal operation. In the event of any single server going down completely, there would be the possibility of a period of several minutes to several hours needed to configure the remaining servers to assume the downed server's role. In the event of any one or all software applications going down, there would be the possibility of an hour to several hours to restore and bring back to operational level those applications affected. In the case of software failure requiring implementation of the backup systems, degradation of service would be extreme until the applications were brought back online — this is assuming that the software failure was total and system -wide. If software failure was limited and isolated to one system, then the degradation in service would be no more than that for a hardware failure while the system was removed from service and other systems assumed its role during time the time of recovery. In the event of an entire computer network failure, as would be the case with an extended and uncompensated loss of electricity, degradation of service would be that expected when going from computer processing of forms and billing / payments to one based solely on paper processing. 7. Estimated Cost of the Plan The cost of the plan itself is minimal, affected only by Technical Services labor costs. The cost of implementing the plan, should it become necessary, depends greatly on the magnitude of involvement as noted in #6 above. 8. Procedures for Testing the Plan All of the critical systems are known to be hardware Y2K compliant. All legacy desktop systems and laptops have been tested with a software upgrade utilized to fix any Y2K issues. Those systems found not to be repairable, they were planned to be replaced during present fiscal year. 9. Post - Emergency Plan The Technical Services department will meet with any personnel who assisted in implementing the plan to determine how it worked. If necessary, changes will be made to the plan for future emergencies. City of Southlake Contingency Plan for Embedded Systems 1. Objective of the Plan To identify areas of possible malfunction in machines /devices with some form of system clock which might be Y2K sensitive that any dysfunction in those systems embedded in city property does not adversely affect the city's service distribution to the public or is minimal. 2. Criteria and Procedures for Activating the Plan The Technical Services Manager will activate the plans as need arises and in response to events and circumstances as they occur. Any disruption in operation deemed by the Technical Services Manager to necessitate the activation of response plans will be considered sufficient criteria for the activation of said plans. 3. Roles, Responsibilities, and Authority Responsibility for contingency plans for these systems is shared jointly between that of Technical Services (cell phones, pagers, office machinery) and those departments the use of whose devices extend into areas outside of our jurisdiction (defibrillators, the City's telephone system, dispatch consoles, the Motorola radio SIP (standalone information processor), video cameras within DPS vehicles, school zone lights, SCADA, and the water meter - reading devices. 4. Procedures for Operating During or After System Failures System test, indicate that should power be maintained this would not be an issue. In the event of electrical failure then the individual divisions will have to utilize their paper backup plans. 5. Resources Available To Support Emergency Operations • Personnel — When backup plans are in place, all personnel affected will be advised, then trained in the implementation of backup plans affecting them or their departments. • Equipment — The replacement of any equipment necessary due to power surges from power loss. 6. Criteria and Procedures for Returning to Normal Operations Restoration of electrical power. Testing of all data processing equipment for functionality. 7. Estimated Cost of the Plan $1,400 in personnel 8. Procedures for Testing the Plan All vendors from whom we have purchased goods or services have been contacted with a request to provide to the City of Southlake a Y2K statement of compliance/non- , compliance/non-applicability. All embedded systems which have not been certified as Y2K compliant and which are testable were tested during the month of October. Their repair has been completed. 9. Post - Emergency Plan The Technical Services department will meet with any personnel who assisted in implementing the plan to determine how it worked. If necessary, changes will be made to the plan for future emergencies. City of Southlake Contingency Plan for Utilities 1. Objective of the Plan Maintain the health, safety and welfare of Southlake's citizenry by ensuring that in the event of a prolonged electrical power disruption due to Y2K complications that: 1) a power source is available to operate the City's fuel pumps to allow gas to be pumped to emergency response vehicles, and 2) the City's Emergency Operation Center (E.O.C) can continue to operate effectively. 2. Criteria and Procedures for Activating the Plan The Public Works Director will assign employees to monitor the power system beginning on December 31 The power system will be maintained on an emergency basis through the day on January 1st until it is evident that no problems exist with the operation of the system. If an employee discovers a problem, then he or she will notify the Public Works Director (or designee) [via describe primary and backup communication methods for contacting the Director] and describe the nature of the problem. If needed, the Director will notify other employees to report for duty and will assign them emergency responsibilities. 3. Roles, Responsibilities, and Authority The Public Works Director will be in charge of activating and implementing this contingency plan. The Director will assign workers in the department as needed. If additional personnel are needed, the Director will have the authority to use personnel from other departments. The generators are to be installed December 15 The required amperage to operate the fuel pumps will be decided by a certified electrician. 4. Procedures for Operating During or After System Failures Utilization of Portable Generators — The jurisdiction has eight (8) portable backup generators available to provide power to the fuel pumps. A propane generator is available to provide power to the E.O.C. 5. Resources Available To Support Emergency Operations • Personnel — Public Works employees for most operations. If necessary, additional employees from other departments will be utilized. • Equipment — Eight portable gasoline generators for the fuel pumps and one propane generator for the E.O.C. • Additional fuel and propane has been ordered for delivery prior to January 1st 6. Criteria and Procedures for Returning to Normal Operations • Restore electricity to all fuel tank pumps and the E.O.C. • Disconnect any portable generators that have been connected to the fuel pumps. 7. Estimated Cost of the Plan • Personnel including regular, overtime, and holiday pay for three workers for a five - day period: $2,000 - $3,000. • Generator rental at $100 /day, 5 days: $500. (Purchase of generator: $30,000). 8. Procedures for Testing the Plan Prior to December 1, 1999, the Public Works Department will provide training to its employees on how to implement this plan. 9. Post - Emergency Plan The Public Works Director will meet with the personnel who were responsible for the implementation of the plan to determine how well it functioned. If necessary, changes will be made to the plan for future emergencies. City of Southlake Contingency Plan for Wastewater Collection System 1. Objective of the Plan To provide normal level of service to the citizens of Southlake, Texas. 2. Criteria and Procedures for Activating the Plan Water: The need for potable water and sufficient water pressure to serve residential and commercial uses will not be affected by any Y2K issues. Should the need for non - potable water arise due to fire protection issues, the city has identified and mapped the locations of all swimming pools in the city limits and will be used as a reference list for sources of non - potable water supply for fire protection purposes. Wastewater: To ensure that electricity flows out to one or more lift stations, the Public Works Director will assign employees to monitor the system beginning on December 31, 1999, through a night shift into January 1, 2000, on an emergency basis until it is clear that there are no problems with the operation of the system. If an employee discovers a problem, then he or she will notify the Public Works Director (or designee) via established communications protocol and describe the nature of the problem. If needed, the Director will notify other employees to report for duty and will assign them emergency responsibilities. 3. Roles, Responsibilities, and Authority The Public Works Director will be in charge of activating and implementing this contingency plan. The Director will assign workers in the department as needed. If additional personnel are needed, the Director will have the authority to use personnel from the Parks Maintenance Department. If the Public Works Director is unavailable, the Sewer Lead Worker will assume the responsibilities of the Director as outlined in this plan. 4. Procedures for Operating During or After System Failures 1. Portable Generators The jurisdiction has portable pumps that can operate the lift station. Based on the amount of storage in the lines and the wetwell in the vicinity of the lift stations, the Public Works Director will assign employees to transport and hook up the portable pumps to the lift stations. If all three lift stations are not working, the Director will establish a schedule to rotate the two pumps among the three lift stations. If necessary, the Public Works Director will try to obtain an additional pump through mutual aid agreement or rental • Vacuum Truck If the generators are not able to handle the flow, the jurisdiction can pump sewage out of the lift stations with the vacuum truck. The Public Works Director will assign employees to use this truck to pump sewage. 2. Tanker Truck In the event of additional failure of back up equipment, we have a contract with Del Mar Disposal and Quality Vacuum Service to provide trucks to perform this function. The Public Works Director will maintain the means of contacting these firms should they be needed. • 3. Lift Station Bypass — Because of the topography in the vicinity of lift station #1, we would be able to establish a line to bypass that lift station. If needed, the Public Works Director will contact a contractor to construct this line. This is not an option for lift stations #2 and #3 because the distance to a manhole which discharges into a gravity line is too great. However, we do have portable pumps and transport trucks sufficient enough to carry the wastewater to TRA. • • Temporary Overflows — To avoid sewer backups in citizens' houses if the above options do not handle overflow, the jurisdiction may have to establish temporary overflows from the lift stations. The jurisdiction will work with the State Environmental Protection Agency to try to minimize the use and impact of this option. • Water Restrictions If a jurisdiction -wide or regional power outage lasts more than 24 hours, the jurisdiction will consider restricting community water usage to reduce flow of wastewater through the system. 5. Resources Available To Support Emergency Operations • Personnel — Three Public Works employees for most operations. If necessary, an additional three employees from the Parks Maintenance Department. • Equipment — Two portable generators and trucks to transport them; one vacuum truck; one tanker truck with pump; pipe or hose for lift station bypasses. 6. Criteria and Procedures for Returning to Normal Operations • Restore electricity to all three lift stations. • Disconnect any portable generators that have been connected to the lift stations. • Remove bypass for lift station if one was constructed. • Clean up any temporary overflows. 7. Estimated Cost of the Plan • Personnel including regular, overtime, and holiday pay for three workers for a five- day period: $2,000 - $3,000. • Generator rental at $100 /day, 5 days: $500. (Purchase of generator: $30,000). • Construction of bypass: $500. 8. Procedures for Testing the Plan Prior to December 1, 1999, the Public Works Department will provide training to its employees and the Parks Department employees on how to implement this plan. A tabletop exercise will be conducted on November 5, 1999. 9. Post - Emergency Plan The Public Works Director will meet with the personnel who assisted in implementing the plan to determine how it worked. If necessary, changes will be made to the plan for future emergencies. City of Southlake Contingency Plan for Emergency Communications 1. Objective of the Plan Maintain the health, safety and welfare of Southlake's citizenry by preparing for an alternative emergency communication method (HAM radio) in the event that current methods of emergency communication (i.e. 2 -way radio /wireless communication/telephone) are interrupted as a result of Y2K complications. 2. Criteria and Procedures for Activating the Plan Activation of the contingency plan will result from the inability to communicate through traditional methods. The Communications Officer (Communications Supervisor) will have two additional personnel on staff and members of the Southlake Amateur Radio Club on stand -by to monitor the situation. In the event of a communication failure, the contingency plan for the utilization of HAM radios as the primary means for emergency communication will be activated. 3. Roles, Responsibilities, and Authority The Director of Public Safety is responsible for the development of this plan. The Communications Officer will operate in the EOC and work with a HAM Operations Officer on it's own frequency. Communication specialists and individuals in the law enforcement and fire personnel divisions who have completed HAM radio training will be available for service. 4. Procedures for Operating During or After System Failures 1. Electricity is lost or radio tower goes down. 2. Communications Officer makes contact with Ham Operations Operator located in the Communications Center. 3. If Ham Operator radio is successful, than one ham operator will respond to each police district for posting with a police officer. 4. If Ham Operator radio is not successful, than six Ham Operators will be used as face -to -face messengers. 5. Resources Available To Support Emergency Operations • Personnel — Department of Public Safety employees and members of the Southlake Amateur Radio Club. If necessary, additional employees from other departments will be utilized. • Equipment —7 Ham radios and operators. 6. Criteria and Procedures for Returning to Normal Operations Return of power /adequate functioning of communication operations equipment . 7. Estimated Cost of the Plan $1400.00. 8. Procedures for Testing the Plan Prior to December 1, 1999, the Department of Public Safety will provide training to its employees and members of the Southlake Amateur Radio on how to how to implement this plan. 9. Post - Emergency Plan *A The Chief of Fire Services will meet with the personnel who were responsible for the implementation of the plan to determine how well it functioned. If necessary, changes will be made to the plan for future emergencies. City of Southlake Contingency Plan for Warning Communications 1. Objective of the Plan Maintain the health, safety and welfare of Southlake's citizenry by preparing for an alternative warning communication method (HAM radio /City of Southlake cable channel /public address system in emergency apparatus) in the event that the current methods (i.e. radio /television/civil defense sirens) fail as a result of Y2K complications. 2. Criteria and Procedures for Activating the Plan Activation of the contingency plan will result from the inability to communicate through traditional methods. The Communications Officer (Communications Supervisor) will have two additional personnel on staff and members of the Southlake Amateur Radio Club on stand -by to monitor the situation. In the event of a communication failure, the contingency plan for the utilization of HAM radios as the primary means for emergency communication will be activated. 3. Roles, Responsibilities, and Authority The Director of Public Safety is responsible for the development of this plan. The Communications Officer will operate in the EOC and work with a HAM Operations Officer on it's own frequency. Communication specialists and individuals in the law enforcement and fire personnel divisions who have completed HAM radio training will be available for service. 4. Procedures for Operating During or After System Failures • Utilization of HAM radios — The City will have 7 HAM battery operated radios located throughout the City. A HAM radio will located in the Communications Center and can be powered by a propane generator. Members of the various emergency departments as well as members of the Southlake Amateur Radio Club will be on -call in the event of a system failure. • Local Cable Access- if television cable access is available; the DPS can utilize the local cable access channel to communicate a warning to the citizens. • Emergency Vehicles - The emergency vehicles are equipped with public address systems and can be utilized to communicate a warning to the citizens. 5. Resources Available To Support Emergency Operations • Personnel — Department of Public Safety employees and members of the Southlake Amateur Radio Club. If necessary, additional employees from other departments will be utilized. • Equipment HAM Radios and emergency vehicles. 6. Criteria and Procedures for Returning to Normal Operations Return of power and television and radio broadcasts. 7. Estimated Cost of the Plan $1400.00 (personnel). ri 8. Procedures for Testing the Plan Prior to December 1, 1999, the Department of Public Safety Works Department will provide training to its employees and members of the Southlake Amateur Radio on how to how to implement this plan. 9. Post - Emergency Plan The Department of Public Safety Director will meet with the personnel who were responsible for the implementation of the plan to determine how well it functioned. If necessary, changes will be made to the plan for future emergencies. City of Southlake Contingency Plan for Public Communications 1. Objective of the Plan To prepare Southlake residents and businesses for possible service losses resulting from Y2K complications, and to manage incoming calls for service resulting from Y2K complications. 2. Criteria and Procedures for Activating the Plan Volunteers will be sought to fill five- person shifts starting at 11 p.m. on December 31, 1999. These volunteers will be asked to man telephones at City Hall and handle any incoming calls that might be received. The first shift will be expected to remain on premises until 4 a.m., at which time a decision will need to be made by the Emergency Plan manager as to whether there is further need for on -site monitoring of incoming telephone lines and other communications measures. If not, the first shift will be sent home. If a second shift will be needed, those five volunteers will be called (by telephone or, if necessary, pager) and expected to report by 5 a.m. for a six -hour shift. The next decision point will be at 10 a.m., when either the second shift will be sent home or the third shift will be called in to work from 11 a.m. until 5 p.m. Another team of five people will serve as an "on call" shift, not assigned to a specific time span but available to come in for additional support if needed. The same rotation of shifts can continue until normal operations are restored. All volunteers will be equipped in advance with pagers if they do not already have one. Volunteers will be expected to be ready to report at their assigned time, if called, ready for duty and not impaired by alcohol consumption or its after - effects. 3. Roles, Responsibilities, and Authority This portion of the emergency plan will be organized and coordinated by Director of Human Resources, Assistant Director of Finance and Public Information Officer. One or more of those persons will be on site throughout the first shift. The Public Information Officer will operate in the EOC throughout the operation. Advance Communications: a) Information published in the December issue of the Southlake In Review newsletter, which is mailed to all Southlake households. Published information will include an update on the City's Y2K plans, as well as a checklist of possible preparations for individuals and families. b) Notices posted on the Channel 7 bulletin board, starting no later than Dec. 15, providing residents with means for contacting City workers in the event that services are interrupted during the New Year's weekend. c) A flier printed and placed in information racks at all City facilities, giving both contact information and the Red Cross/FEMA preparation checklist. If deemed necessary, this flier could be used as a mailer to all households and businesses within the city. d) A portion of the Southlake On -Line Web site dedicated to Y2K preparations will include a link to the Red Cross/FEMA checklist. By no later than Dec. 15, the City contact information also will be posted. 4. Procedures for Operating During or After System Failures • Portable Generators — The jurisdiction has a portable generator that can operate the City telephone system. The telephone system has a generator receptacle so that a portable generator can run it. The Assistant Finance Director, upon notification of loss of power, will assign an employee to hook up the portable generator to the telephone system. • Telephone System — With the utilization of the portable generator, and assuming that there is telephone service to City Hall, the city telephone system will be operable (only at City Hall). There will be a pre- recorded message that will be activated to provide information and direction to the caller. • Volunteer Personnel — Five employees will be on hand as of December 31, 1999, at 11:00 p.m. If no system failures occur by 4:00 a.m. on January 1, 2000, the personnel will go home. If system failures do occur, a second shift will be contacted at 4:00 a.m. to arrive for the second shift beginning at 5:00 a.m. If system failures have not been corrected by 10:00 a.m., a third shift will be contacted to arrive for the third shift beginning at 11:00 a.m. This six -hour shifting pattern will continue around the clock until the restoration of systems occurs. Should the call load be significant enough that five personnel cannot adequately handle the calls, there will be an additional pool of employees that will be available for call in. • Service Information — Each employee answering telephones will be provided with an information sheet relating to pertinent information that will need to be disseminated to the caller. Some information will be collected in advance such as service provider contacts; other information will be collected, as it becomes available. 5. Resources Available To Support Emergency Operations • Personnel — Volunteer employees for telephone operations, five employees each per six -hour shift, beginning at 11:00 p.m. December 31, 1999. If necessary, five additional employees will be on call per shift. • Equipment — One portable generator to be located at City Hall prior to 11:00 p.m. December 31, 1999. 6. Criteria and Procedures for Returning to Norman Operations • No system failures within City. • Restore electricity to City Hall. • Disconnect the portable generator connected to the telephone system at City Hall. • Return voice message on telephone system to standard answer message. • Test telephone voice system. 7. Estimated Cost of the Plan • Personnel including regular, overtime, and holiday pay for five workers for a 48 -hour period: $4,800 - 5,800. • Generator rental for phone system at $100 /day, 2 days: $200 8. Procedures for Testing the Plan Prior to December 1, 1999 employees that have volunteer or been assigned to work will be trained on the phone and what information will be provided for residents. Additionally, the phone system will be tested on the generator. 9. Post - Emergency Plan The Public Information Office will meet with the personnel who assisted in implementing the plan to determine how it worked. If necessary, changes will be made to the plan for future emergencies. City of Southlake Contingency Plan for Transportation 1. Objective of the Plan The objective of this plan is to maintain traffic flow and direction in the event of a power outage. 2. Criteria and Procedures for Activating the Plan If power is lost in the city, the EMC will call for the transportation officer (Chief of Police Services) to have barricades placed at strategic intersections throughout the city. Uniformed police officers will also be placed to effect safe traffic flow. This plan will remain in effect until electricity is restored. 3. Roles, Responsibilities, and Authority The Chief of Police services serves as the Transportation Officer to the EMC and is responsible for the development of this plan. The Transportation Officer will communicate to the Transportation Operations officer via portable radio or face -to -face communication. 4. Procedures for Operating During or After System Failures 1. Electrical system fails 2. Transportation Officer informs Traffic Operations Officer to have the barricades in place and direct police officers to intersections of Davis, White Chapel and Kimball on 114 and 1709. 3. Transportation Officer maintains an update of traffic conditions through the Traffic Operations Officer. 4. Transportation Officer begins informing rotation crews of arrival times. 5. Transportation Officer communicates with Utilities Officer and D.O.T. on restoring electricity. 5. Resources Available To Support Emergency Operations 1. Barricades for every lighted intersection with exception to white Davis, White Chapel and Kimball on 1709 and 114. 2. 10 Police Officers dedicated to traffic control and 5 officers in reserve. All officers are equipped with traffic control and direction equipment. 3. D.O.T. emergency contact number. 4. Tri- County and T.U. Electric emergency contact number. 6. Criteria and Procedures for Returning to Normal Operations After approval of the EMC, the Transportation Officer rotates police personnel on a two — four hour rotation. The EMC will call for a termination of operations upon restoration of electricity and traffic lights. 7. Estimated Cost of the Plan For 24 -hour operation: $6000.00 (personnel costs) 8. Procedures for Testing the Plan All involved police personnel will receive training on this plan on or before 12/01/99. 9. Post - Emergency Plan After meeting with all involved personnel, the Transportation Officer will prepare a report to the EMC stating the lessons learned for future like events. The EMC will prepare a full comprehensive report to the City Manager. City of Southlake Contingency Plan for Health Services 1. Objective of the Plan Maintain the health, safety and welfare of Southlake's citizenry by ensuring that medical services and the transportation of patients to local hospitals can be provided in a timely manner during events resulting from Y2K complications. 2. Criteria and Procedures for Activating the Plan Activation of the contingency plan will result from events such as a power outage or a communication failure. A prolonged power failure could cause medical equipment such as breathing machines to fail. Also, a communication failure may occur making the traditional means of communicating with personnel in the field impossible. 3. Roles, Responsibilities, and Authority The Director of Public Safety will be in charge of developing this contingency plan. However, the probability of failure due to Y2K complications of Southlake's Fire Service equipment is minimal. The majority of the manufactures of the vehicles and equipment used by Southlake's Fire Services have certified that their equipment is Y2K compliant. 4. Procedures for Operating During or After System Failures • Baylor Medical Center of Grapevine is a Level 4 Trauma facilities and provides acute care. The hospital does have a Y2K contingency plan in place. In the event the hospital is unable to maintain its standard level of care due to Y2K problems, the City has located alternate hospital facilities. • In the event of telephone failure, relatives (residing in Southlake) of a patient being transported will be notified by HAM Operators and Public Safety Personnel. • Citizens of Southlake that have acute or chronic conditions have been identified through the Special Needs Assessment program. The Communications Division will make contact with these residents on January l to ensure that their needs are being met. Contact will be made by telephone (if operational) or direct contact by HAM Operators and Public Safety Personnel. 5. Resources Available To Support Emergency Operations Personnel — Department of Public Safety employees and members of the Southlake Amateur Radio Club. If necessary, additional employees from other departments will be utilized. 6. Criteria and Procedures for Returning to Normal Operations Return of power and an adequate level of care at the local hospitals. 8. Estimated Cost of the Plan Eighty hours of overtime required. 8. Procedures for Testing the Plan Prior to December 1, 1999, the Department of Public Safety Works Department will provide training to its employees and members of the Southlake Amateur Radio on how to how to implement this plan. 9. Post - Emergency Plan The Department of Public Safety Director will meet with the personnel who were responsible for the implementation of the plan to determine how well it functioned. If necessary, changes will be made to the plan for future emergencies. City of Southlake, Texas MEMORANDUM October 28, 1999 TO: Billy Campbell, City Manager FROM: James Kunke, Public Information Officer (Ext. 819) SUBJECT: Award of bid for printing of recreation catalog, rejection of bid for printing of city newsletter Action Requested: Award to Global Group (Fort Worth) for printing of recreation catalog. Reject bids for printing of city newsletter, authorize staff to repackage and readvertise for bids. Background Information: The city advertised for bids on Oct. 10 and Oct. 17, with a bid opening on Oct. 27. Sixteen sets of specs were mailed to area printers, and two bid packages were received. Several of the non - bidders suggested contacting web -press printers for the newsletter because it is considerably cheaper for printing tabloid -sized publications. Printers were asked to bid on two packages, including three options for the city newsletter and two for the recreation catalog. Those options are detailed on the bid summary page. The bid from Alphagraphics was low bid for newsletter, but the vendor withdrew its bid. That leaves us with one bid for newsletter printing, and it is above cost projections. Telephone quotes from two web -press printers, one in Dallas and one in Arlington, for printing the December issue resulted in much lower prices. Those printers will be targeted when the 12 -month package is readvertised. The bid from Global Group for recreation catalog is $27,156, including mailing services currently performed by recreation staff. That is $156 above the budget for printing the rec catalog, but the mailing services included in the bid currently are performed by four recreation staff members over the course of two days. Financial Considerations: The FY 99 -00 Parks & Recreation budget includes $27,000 for recreation catalog printing. Citizen Input/ Board Review: None. ' 5H -1 Printing bid Sept. 29, 1999 Page 2 Legal Review: None. Alternatives: City Council also can: • Award a lower option bid for the recreation catalog to Global Group, directing staff to continue performing mailing services in house. • Reject the recreation catalog bid and repeat the process. Supporting Documents: Bid Summary Page Staff Recommendation: Staff recommends that City Council: • Reject all bids for printing the city newsletter and authorize staff to repackage and readvertise the bids, targeting web -press printers in an effort to secure more cost - efficient bids. • Award the Option 2A bid to Global Group for printing the recreation catalog. Approved for Submittal to City Council: City Manager's Office 5H -2 Printing bid Sept. 29, 1999 Page 3 a Sheet for City Newsletter Printing Services Alphagraphics Global Group Estimated Total Total Item Quantity Description Unit Price Price Unit Price Price 1 7,500 Two -color printing, folding and mail service for bimonthly newsletter per attached specifications Four pages (four issues per annual $21.69 $6,508 $30.02 $9,008 contract) (per 100) (4 issues) (per 100) (4 issues) Eight pages (two issues per annual $26.18 $5,236 $37.97 $5,696 contract) (per 100) (2 issues) (per 100) (2 issues) S11,744 $14,704 IA 7,500 Four -color cover, two -color inside printing, folding and mail service for bimonthly newsletter per attached specifications Four pages (four issues per annual $26.83 $8,049 $39.93 $11,980 contract) (per 100) (4 issues) (per 100) (4 issues) Eight pages (two issues per annual $37.14 $5,571 $47.23 $7,084 contract) (per 100) (2 issues) (per 100) (2 issues) $13,620 $19,064 1B 7,500 Four -color printing, folding and mail service for bimonthly newsletter per attached specifications Four pages (four issues per annual $28.71 $8,613 $36.77 $11,032 contract) (per 100) (4 issues) (per 100) (4 issues) Eight pages (two issues per annual $41.89 $6,284 $51.33 $7,700 contract) (per 100) (2 issues) (per 100) (2 issues) $14,897 $18,732 • Alphagraphics withdrew its bid, but the numbers are shown to give Council a comparison to use in evaluating the Global Group bid. Staff recommends rejecting all bids. 5H -3 Printing bid Sept. 29, 1999 Page 2 Bid Sheet for Recreation Catalog Printing Services Alphagraphics Global Group Estimated Total Total Item Quantity Description Unit Price Price Unit Price Price 2 9,000 4/4 bleed cover, 2/2 color inside, and $140.53 $37,944 $90.02 $24,306 binding for recreation catalog per (per 100) (3 issues) (per 100) (3 issues) attached specifications (three issues per annual contract) 2A 9,000 4/4 bleed cover, 2/2 color inside, $151.69 $40,956 $100.58 $27,156* binding and mail service for (per 100) (3 issues) (per 100) (3 issues) recreation catalog per attached specifications (three issues per annual contract) • Alphagraphics withdrew its bid, but the numbers are shown to give Council a comparison to use in evaluating the Global Group bid. Staff recommends award of bid item 2A, estimated in the amount of $27,156, to Global Group for a 12 -month contract with an option to renew for another 12 months. 5H-4 Good evening. My name is Susan Johnson. I live at 308 Lakeside Court in the Oak Tree Estates sub- division here in Southlake. A few weeks ago I stood at this podium and gave testimony at a Zoning Board of Adjustments hearing regarding a revision to a Concept Plan in an SP2 Zoning Case. At the conclusion of the ZBA Meeting I was obviously pleased that the board ruled with us on the issue of substantial conformance. However, in my mind, the issue of whether a revision to a concept plan is allowable under SP2 Zoning has not been adequately resolved. I understand that it was not within the authority of the ZBA to address this issue as part of a specific case. That is why I am here tonight asking you to address it. Citizens and developers should be able to read the Zoning Ordinances and clearly understand the proper rules and procedures. Although most of our Zoning Ordinances are very clear, the issue of a revision to a concept plan is not. Not only is it unclear to laypersons such as myself and it is unclear to the legal community as well. There were several lawyers present at the ZBA meeting, all with substantial credentials and experience in Zoning Law. Several lawyers were in attendance to represent the developer; Angela Washington — a former Dallas City Attorney -- was present to represent Oak Tree Estates; and Mr. Taylor was present to advise the City. Each of these lawyers has a different interpretation of the proper process for a revision to a concept plan under SP2 Zoning. It is my understanding that Mr. Taylor's interpretation is that the Concept Plan is an addendum to an SP2 Zoning Ordinance and can be changed with the approval of the P &Z and the City Council — without a rezoning request. From my discussions with him, he feels that the proper procedure for a concept plan revision is for the applicant to submit the revision to the Zoning Administrator for review. After receiving her positive recommendation, the revision should go to the P &Z and City Council for approval. Ms. Washington's interpretation is that a Concept Plan is a part of an SP2 Zoning Ordinance — not just an attachment -- and cannot be changed without a rezoning request. She believes that the only lawful procedure under Texas code is to require an applicant who wishes to revise an approved SP2 Concept Plan to file a rezoning request. FTr Ag Cencor Realty's formal and informal comments T horn < >o +�.n t they had a third interpretation. T • • •• - • • . • • - - _ . frhey believeethat a favorable ruling from the ZA is a final approval of the revised concept Van and o other city officials' approval is required. In the specific case that was being considered 1asi.-azaThey believed that the ZA's ruling gave them the right to proceed to the P &Z for variances — not for approvals. heir expectation was that when they eventually submitted a site plan the P &Z and Council would only be allowed to compare the site plan to the REVISED concept plan — not back to the original plan. (I'm sure you can see how dangerous this interpretation could be.) Our Zoning Ordinances are very clear and specific on a number of issues: ✓ They tell us who can approve a concept plan ✓ They tell us who can approve a site plan ✓ They tell us what must be considered when approving a site plan ✓ They tell us who can approve a revision to a site plan ✓ They tell us what must be considered when approving a revision to a site plan However, our ordinances dT tell us about a revision to a Concept Plan: ✓ They do not tell us who can approve a revision to a concept plan ✓ They do not tell us what must be considered when approving a revision to a concept plan ✓ They do not even tell us if a revision to a concept plan is allowable This is a loophole that must be closed if we wish to avoid future issues. For the good of Southlake, we must make every effort not to leave our Ordinances open to subjective interpretation. I respectfully ask that the City Council take this under immediate advisement and amend the City Zoning Ordinances, making the procedures and guidelines on revisions to concept plans clear and specific— particularly in SP2 Zoning. While I am not by any means an expert in this area, I have spent a considerable amount of time going through Southlake Zoning Ordinances and have formed an opinion on this issue that I would like to share with you before I leave the podium. First of all, we obviously cannot allow a change to a concept plan with only an administrative ruling. I do not believe it was the intent of any city official or staff member to allow that to happen, but it is obvious to me that we need to make this clearer in order to protect the city in the future. Secondly, I firmly believe that we should not allow ANY revision to an SP2 concept plan once it is approved. To begin with, it would seem that this would be a moot point. If the revised concept plan is in substantial conformance with the original concept plan — why is the revision even necessary? Why not just proceed to the site plan phase? Going back to my Freshman Algebra where if A =B =C then A =C, logic would tell you that: ✓ if the revised concept plan is in substantial conformance with the original concept plan ✓ and the site plan is in substantial conformance with the revised concept plan ✓ then the site plan is in substantial conformance with the original concept plan Given this isn't it a waste of time and resources to go through the process of approving the revised concept plan? What purpose does this step serve? The only reason that I can imagine that a developer would revise a concept plan is if they want to change the concept without having to go through the SP2 zoning process. Since what the city approves in SP2 Zoning is a CONCEPT (I believe that is why the city refers to it as "what you see is what you get" zoning) we should not allow this to happen. Cencor Realty stated in front of the ZBA that they felt that a change to the concept plan was necessary because conditions had changed so drastically since the original plan was approved. They further stated that they did NOT want to go through rezoning because they realized that the master plan shows this property with a lesser zoning than they have now. They did not want to take the risk of the zoning going against them. I understand their concern, but I don't see why the city would want to allow this to happen. If the conditions have changed so dramatically that the developer does not feel they can build to the original concept plan — how can any concept plan that they feel they can build possibly be in substantial conformance to the original plan? (You don't go from unfeasible to feasible with minor changes.) If we allow the developer to continually submit proposed revisions — hoping for a time when there is no one at the meetings to speak against the revised plan -- the city would never have the opportunity to consider the changed conditions and determine the best use of the land. Also, if we allow revisions to concept plans, a patient developer could submit their changes in stages — each just one step away from the previous one so that it will gain approval. After 4 or 5 iterations — and a lot of city officials and staff time -- we could end up with a very different plan than the original one. If conditions have changed dramatically, the developer has recourse — they can submit a rezoning request. The city can then determine the best use of the land in light of the new conditions. Allowing a change to a concept plan protects the developer from changes in conditions but does not protect the city in the same way. We need to protect the spirit of the zoning ordinances. Our zoning ordinances are here to protect the city and its citizens by allowing the city officials to determine what is in the best interest of Southlake. They are not here to make it easier for a developer to get what they want in spite of whether it is in the best interest of the city. Thank you for your time and attention. I would like to close by again asking that, whether or not you agree with my opinion on allowing SP2 concept plan, you amend the Zoning Ordinances, making the procedures and guidelines that you believe to be in the best interest of the city clear and specific. City of Southlake, Texas MEMORANDUM November 2, 1999 TO: Billy Campbell, City Manager FROM: Ron Harper, Director of Public Works SUBJECT: Traffic Counts — Amended Thoroughfare Plan On October 12, 199 Lee Engineering conducted traffic counts in conjunction with the proposed amended thoroughfare plan. The counts were taken in the vicinity of the Coventry Manor and Cross Timber Hills subdivisions. The purpose of the counts was to determine current traffic flows and to attempt to predict future flows. The graphical results of these counts are shown on the attached plans (AM & PM). On Sunday, October 31, 1999 a SPIN meeting was held to discuss these results and to exchange information between residents and staff. Councilmember Debra Edmondson, CISD Superintendent Ted Gillum, City Manager Billy Campbell, Director of Public Safety Garland Wilson, Comprehensive Planner Chris Carpenter and I were in attendance. In addition, Jody Short of Lee Engineering was present. The information presented showed that there is traffic traversing Coventry Manor, and that some of the traffic turns toward Durham School and that some continues on along Highland Avenue. The future construction of a collector road between Peytonville and Shady Oaks would provide some relief for Coventry by allowing an alternative route. The residents questioned what the effect of a school on Peytonville would be on traffic flows. Lee Engineering provided some input on November 2, based upon proposed school sizes. A Middle School on Peytonville would create between 800 and 1600 trips per day (dependent on number of students taking buses). The projected volume of traffic on the collector road would be 1900 to 2200 vehicles per day. (These numbers are derived from the Institute of Traffic Engineers Trip Generation Manual.) The residents were also concerned about the potential effect of traffic coming from south of FM 1709 and using this collector as an alternative to Shady Oaks. Lee Engineering was not able to project these traffic patterns, especially with the proposed improvement to be implemented along 1709. ( , ''n 4 le0.3v r S '259 . 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