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1998-05-19 REGULAR CITY COUNCIL MEETING 667 NORTH CARROLL AVENUE, SOUTHLAKE MAY 19, 1998 MINUTES COUNCILMEMBERS PRESENT: Mayor Rick Stacy, Mayor Pro Tem W. Ralph Evans; Deputy Mayor Pro Tem Scott Martin. Members: Gary Fawks, Wayne Moffat, Debra Edmondson and Rormie Kendall. STAFF PRESENT: Shana Yelverton, Assistant City Manager; Darcey Imm, Assistant to the City Manager; Lou Ann Heath, Director of Finance; Kevin Hugman, Interim Director of Parks and Recreation; Greg Last, Director of Community Development; Ron Harper, City Engineer; Karen Gandy, Zoning Administrator; Chuck Ewings, Assistant to the Public Works Director; Shawn Poe, Capital Projects Coordinator; Billy Campbell, Director of Public Safety; Lauren Safranek, Director of Human Resources; E. Allen Taylor, Jr., City Attorney; and, Sandra L. LeGrand, City Secretary. WORK SESSION: The work session began at 5:10 p.m., whereby items on the agenda were discussed by the City Council and staff. The work session ended at 6:10 p.m. Items discussed during work session included: Lou Ann Heath, Director of Finance, gave Council information regarding the Tax and Waterworks and Sewer System (Limited Pledge) Revenue Certificates of Obligation, Series, 1998. She noted the ratings which have been assigned to Southlake, includes Moody's Investor Service, Inc. - "Al" and Standard & Poor's Ratings Services- "A+". Ms. Heath stated two bids were received during the sale of Southlake bonds with a net interest rate of 5.034%. Martin Schelling, applicant for ZA 98-030, explained the strip of roadway on Miron Drive. He discussed the structure and explained that it would have stucco treatment, with a steel flame and a mansard roof in front. Greg Last, Director of Community, Development suggested comment #3 be added to the summary review letter, waiving the parking requirement. John McFarland addressed the Council with regard to agenda items #8-B and #8-C, noting he is now the owner of the property. A discussion was held regarding agenda item #Il-A, the agreement with the Fort Worth Star Telegram as the official newspaper for the City of Southlake. Councilmember Wayne Moffat stated this item is on the agenda at his request. He commented that he is displeased with the editorial coverage Southlake has been getting from the newspaper. He stated the City has not been given fair treatment regarding the Solana annexation and David Lieber has called the city names in his column. Steve Jacobs, Managing Editor of the Northeast Section of the newspaper, REGULAR CITY COUNCIL MEETING MINUTES OF MAY 19, 1998 PAGE 1 was present, stating that the newspaper is under contract with the City and the paper has given the city professional service at the lowest cost for the service. Mr. Jacobs commented that the circulation the newspaper has is 2.5 times higher than the Dallas Moming News. The work session ended at 6:10 p.m. REGULAR SESSION: Agenda Item #Ir Call to Order Mayor Rick Stacy called the Regular City Council meeting to order at 6:12 p.m. The Mayor welcomed those in attendance for the meeting. INVOCATION: Mayor Pro Tem W. Ralph Evans. Agenda Item #2-A, Executive Session Mayor Rick Stacy advised the audience that the City Council would be going into executive session pursuant to the Open Meetings Act, Chapter 551 of the Texas Government Code, Sections 551.071, 551.072, 551.073, 551.074, 551.075, 551.076, to seek consultation with our City Attorney regarding pending and contemplated litigations, to deliberate the purchase, exchange, lease or value of real property, a negotiated contract for a prospective gift or donation to the City, to deliberate the appointment and evaluation of public officials, to confer with one or more employees to receive information from or to question the employees, and to deliberate the deployment, or specific occasions for implementation of security personnel or devices. Council adjourned into executive session at 6:15 p.m. Council returned to open session at 7:20 p.m. Agenda Item #2-B, Action Necessary/Executive Session Motion was made to authorize the staffto initiate a contract on the 4.5 acre Coker property as discussed in executive session. Motion: Martin Second: Fawks Ayes: Martin, Fawks, Moffat, Kendall, Edmondson, Evans Nays: None Approved: 6-0 vote (Mayor Stacy was out of the room and did not vote.) Motion was made to authorize staff to execute a contract for the Glosser property, 3 acres for open space and the additional right-of-way necessary for SH 114 expansion. Motion: Martin Second: Moffat Ayes: Martin, Moffat, Kendall, Evans, Edmondson REGULAR CITY COUNCIL MEETING MINUTES OF MAY 19, 1998 PAGE 2 Nays: None Abstention: Fawks Approved: 5-0-1 vote (Mayor Stacy was out of the room and did not vote.) Morion was made to authorize staff to execute a primary contract on the Reutlinger property and a secondary purchase contract on the Lippincot property, equaling 27 acres for park use. Motion: Martin Second: Fawks Ayes: Martin, Fawks, Moffat, Kendall, Edmondson, Evans Nays: None Approved: 6-0 vote (Mayor Stacy was out of the room and did not vote.) Agenda Item #3~ Approval of the Minutes of the May 5, 1998 Special and Regular City Council Meetings The minutes of the Special City Council Meeting held on May 5, 1998, for the purpose of the official canvass of the May 2, 1998 General and Special Election, were approved as presented. Motion: Fawks Second: Martin Ayes: Fawks, Martin, Moffat, Kendall, Evans, Edmondson, Stacy Nays: None Approved: 7-0 vote The minutes of the Regular City Council Meeting held on May 5, 1998, were approved as amended. Motion: Fawks Second: Martin Ayes: Fawks, Martin, Moffat, Kendall, Evans, Edmondson, Stacy Nays: None Approved: 7-0 vote Agenda Item #4-A, Mayor's Report Mayor Stacy presented a proclamation to Lt. Scott Estes and PSO Officer Curtis Morgan, in support of Emergency Medical Services Week, and designing the week of May 17-23 as EMS Services Week in the City of Southlake. The Mayor also presented a proclamation to Melinda Polly and Church Ewings of the Department of Public Works, proclaiming the week of May 18, 1998 through May 22, 1998 as National Public Works Week in the City of Southake. The Mayor announced that thc Public Works Department is hosting an "open house" on Friday, May 22 at noon at the Public Works facilities on Continental Boulevard. Everyone is invited to attend. Mayor Stacy noted the following announcements: REGULAR CITY COUNCIL MEETING MINUTES OF MAY 19, 1998 PAGE 3 A City Council meeting will be held on June 9, 1998 at 7:00 p.m. for the purpose of considering the 1st reading of an ordinance considering the Rezoning and Concept Plan for The Remington. He noted this is the first case Council will consider under the new regulations for personal care facilities. This will be the only item on the agenda. The Impervious Coverage and Residential Adjacency Work Group will meet on May 20, 1998 from 5:30 to 7:30 p.m. in the Administrative Building Conference Room. The City offices will be closed on Monday, March 25, 1998 for Memorial Day. Metroport meeting will be held on Thursday, May 21, 1998 at 7:30 a.m. at the Senior Activity Center offofF.M. 1709. The June Retreat is scheduled for June 25 and 26. More information will follow. Deputy Mayor Pro Tem Scott Martin stated he wants everyone to appreciate how Southlake works to produce quality commemial development in Southlake. He noted Southlake has two commercial developers who were recognized award winners in the regional competition sponsored by the Building Owners and Managers Association of Fort Worth. The Saber Group/IBM and Georgetown Park were honored with awards. They have won the regional awards and now are on their way to the national level. We are proud to have these fine commercial developments in Southlake. Agenda Item O4-B, City Manager's Report Shana Yelverton, Assistant City Manager, reported that the City Manager, Curtis Hawk, is in Toyoma, Japan on vacation and is expected back to work on May 26, 1998. Agenda Item #4-C, SPIN Report Roger Hutton, SPIN #11, reported he is a six year resident of Southlake, living at 1900 Shady Oaks Lane, Southlake. He thanked the City Council and staff for assisting with the SPIN program. He stated he has received compliments from citizens on how much information is given to the citizens on city issues and how this helps to keep the citizens involved. He stated he feels the SPIN program is a success. Agenda Item #4-D, Parks and Recreation Board Report No report was given tonight from the Parks and Recreation Board. Agenda Item #5, Consent Agenda Mayor Stacy read the following consent items into the record. REGULAR CITY COUNCIL MEETING MINUTES OF MAY 19, 1998 PAGE 4 5-A. Authorize the Mayor to enter into an inteflocal agreement with Tarrant County for roadway improvements to Bmmlow Avenue and North White Chapel Boulevard. 5-B. Permission to advertise for bids for road improvements to Ridgecrest Drive. ZA 98-039, Plat Revision for the proposed Lots 1R and 2, Block 1, Owen Addition. Applicant: Landes and Associates, Inc. Owner: Owen Land and Properties, Inc. 5-D. Authorize the Mayor to enter into an Interlocal Agreement with Carroll Independent School District for Park, Playground and other Recreation Facilities. Request to extend the validity of Case ZA 97-72, Final Plat-Kirkwood Hollow, Phase I, 54.894 acres being all of Tracts 33.2, 3A3A, 3C, and portions of Tracts 3A3, 3A3A1, 3A4A and 3A4B in the R.D. Price Survey, Abstract No. 1207, and being a portion of Tract 1 in the James B. Martin Survey, Abstract No. 1134. 5-F. Sign Variance Appeal for Lots 5, Block 1, Miron Addition, 1635 East Southlake Boulevard at Miron Drive. 5-G. Resolution No. 98-45, Texas Department of Health Grant. 5-H. Resolution No. 98-46, COPS More '98 Policing Grant. 10-A. Permission to advertise for bids for the installation of sanitary sewer in Cross Timber Hills Addition. 10-B. Permission to advertise for bids for the installation of sanitary sewer in the Dove Acres/Hillwood Additions. Motion was made to approve the consent agenda items including: g5-A, g5-B, g5-c, subject to the Staff Review Summary gl dated May 1, 1998; g5-D, g5-E, g5-F, g5-G, gS-H, gl0-A, and gl0-B. Motion: Martin Second: Fawks Ayes: Martin, Fawks, Moffat, Kendall, Evans, Edmondson, Stacy Nays: None Approve: 7-0 vote Councilmember Gary Fawks complimented staff on the Cross Timber Hills sewer project. ADDITIONAL INFORMATION REGARDING CONSENT ITEMS 5-A. Authorize the Mayor to enter into an interlocal agreement with Tarrant County for roadway improvements to Brumlow and North White Chapel Boulevard. The REGULAR CITY COUNCIL MEETING MINUTES OF MAY 19, 1998 PAGE 5 reconstruction of Bmmlow Avenue is scheduled in the FY 97-98 CIP budget. This project is proposed to be a cooperative effort with Tarrant County and the City of Southlake. The City has agreed to provide the design, engineering and materials for the project. The design and engineering are complete and the material costs are estimated to be $112,700. The County, in mm, has agreed to provide the labor for the construction of the improvements., Labor is generally one-third the cost of a project of this type. The improvements include aligning Bmmlow Avenue with Carlisle Drive and adding turn lanes at S.H. 26 to ease congestion. This agreement also provides that Tarrant County will participate by providing labor for improvements to North White Chapel Boulevard, from East Dove Street to the county line. The design of this project is 80% complete and construction is expected to begin once the Brumlow Avenue rehabilitation is complete. Materials cost is estimated to be $181,850. Permission to advertise for bids for road improvements to Ridgecrest Drive. The improvement of Ridgeerest Drive is scheduled as part of the FY 97-98 CIP budget, which provides $366,720. Improvements include reconstructing the existing roadway and associated drainage. The widening of the road will be limited to one to two feet. This project will also include an overlay of Southlake Park Road as directed by Council. ZA 98-039, Plat Revision of Lots 1R and 2, Block 1, Owen Addition, being a revision of Lot 1, Block 1, Owens Addition, an addition to the City of Southlake, Tarrant County, Texas, according to the plat recorded in Cabinet A, Slide 1392, Plat Records, Tarrant County, and Tracts 3B2, 3B3, and 3B4, situated in the Littleberry G. Hall Survey, Abstract No. 686, and being approximately 29.827 acres. Current zoning is "AG" Agricultural District. Applicant: Landes and Associates, Inc. Owner. Owen Lane and Properties, Inc. Interlocal Agreement with the Carroll Independent School District for Park, Playground and other Recreation Facilities. This agreement is the first revision since the City of Southlake and CISD originally adopted it is June 1995, and is the "umbrella" agreement under which the City and CISD share joint use facilities. Key points of the agreement are: 1) schedules will be submitted and reviewed by the City and CISD staffthree times a year; 2) a sentence was added to Section IV, "Minor Maintenance" to allow the user of a facility the option to perform and pay for repairs rather than deferring the work to the facility owner. Request to extend the validity of Case ZA 97-72, final plat for Kirkwood Hollow, Phase I, 54.894 acres being all of Tracts 3A2, 3A3A, 3C, and portions of Tracts 3A3, 3A3A1, 3A4A, and 3A4B in the R.D. Pr/ce Survey, Abstract No. 1207 and being a portion of Tract 1 in the James B. Martin Survey, Abstract No. 1134. On June 19, 1997, the Planning and Zoning Commission approved Case ZA 97-72, fmal plat for Kirkwood Hollow Phase I. This plat has not yet been filed in the County Plat Records and will expire on June 20, 1998. The developer, 300 Covent Street Corporation, is requesting a one year extension of the validity of the REGULAR CITY COUNCIL MEETING MINUTES OF MAY 19, 1998 PAGE 6 IO-A. IO-B. final plat from the June 20, 1998 expiration date. The reason for this request is due to construction delays. Completion of the construction is expected in October of 1998. The Subdivision Ordinance No. 483-G, Section 4.01(1)3 permits the City Council to extend the expiration date of a plat which has not yet expired up to one year. Sign Variance Appeal for Lot 5, Block 1, Miron Addition. The location has an existing pole sign, which met all requirements at the time it was built. Since then, the State took approximately 15 feet for their right-of-way during the widening of Southlake Boulevard. Because of the State taking that right-of-way, it placed the sign in a nonconforming use, although still in current compliance. The owner would like to replace the pole sign with a much more aesthetically pleasing monument sign that meets all of our requirements, except for the setback created by the State. The owner would like to place this sign in the exact location as the current sign. Resolution No. 98-45, in support of the Texas Department of Health Grant that, if awarded, will provide needed supplies for the EMS training class that the Southlake Department of Public Safety will be conducting at Carroll High School. There are no required matching monies for this grant. The resolution is the first step in the application process. Once the resolution is received by the Grantors, they will forward an applicantion to the City. The City will fill in the justification section and money figures and bring it back to Council for their perusal and acceptance. Resolution No. 98-46, COPS More '98 Policing Grant. The COPS More Grant is established by the Federal Government. It typically funds positions for a minimum of one year to a maximum of three years. Each yearly funding is 75% of the individual's salary, with the City contributing the additional 25%. The DPS is requesting funding for a civilian position to provide services that will relieve certified officers of duties such as crime scene search, evidence property control and vehicle maintenance. This resolution is to alert the grantors that Southlake is interested in their process and does not commit the Council to any issue, except that we are interested in the program. Permission to advertise for bids for the installation of sanitary sewer in the Cross Timbers Addition. In Cross Timbers, 97% of those responding to the survey stated that they would connect to sewer. This is approximately 70% of the 198 residents in the addition. Permission to advertise for bids for the installation of sanitary sewer in the Dove Acres/Hillwood Additions. In Dove Acres, approximately 86% of the surveyed respondents stated they would connect to the sewer (roughly 58% of the 31 residents). In Hillwood 66% of the 15 residents responded to the survey, and all indicated they would connect to the sewer. REGULAR CITY COUNCIL MEETING MINUTES OF MAY 19, 1998 PAGE 7 Agenda Item #6, Public Forum Margaret Allen, 970 Oasis Court, Southlake. Ms. Allen addressed the Council stating she is opposed to the Town Center Theater that she read about in the Fort Worth Star Telegram. Boyd D. Dollar, 525 Brooks Court, Southlake. Mr. Dollar did not speak but wants the record to reflect that he is opposed to the proposed Town Square Theater. Dana McGrath, 107 Parkcrest Drive, Southlake. Ms. McGrath stated she is opposed to the Town Center Theater Complex. E. Allen Taylor Jr., City Attorney, stated it is inappropriate for the Council to address the concerns of the citizens or comment on the issues tonight regarding the Town Square mega-theather because there has been no proposals submitted to the Council or to staff as of this time. Richard Lawrence, 520 Southview Trail, Southlake. Mr. Lawrence expressed concerns with the Town Center Theater. Mr. Lawrence stated he came before Council when Wal- Mart was built and was told it was too late. He came before Council when Home Depot was built and was told that no outside storage would be allowed and if they did not comply they would be cited. He asked if the theater is built, will citizens be told it is too late to do anything about it. Klm Pannell, 1418 197tispering Dell Court, Southlake. Ms. Pannell stated she was surprised to read in the Dallas and Fort Worth newspapers about a mega- theater/entertainment district that is supposedly coming to Town Square. Attached to the minutes is the statement presented to the City Council by Ms. Pannell. A.K. Agnihotri, 115 Yale Drive, Southlake. Mr. Agnihotri expressed concerns with the proposed mega-theater in Town Center. He stated he is opposed. He stated Southlake does not deserve a theater like Tinsletown. He stated if the citizens were polled, they would not like it. He asked if there is anything that can be done to stop this. Carolyn Morris, 403 St. Charles Court, Southlake. Ms. Morris spoke in opposition to a theater in Town Square. She stated she was shocked to read the the newspaper about the mega-theater planned for our city. She stated she is akeady disappointed with the first building being right on F.M. 1709. Lee Fox, Shady Lane, Southlake. Ms. Fox asked Council what they visualizc Southlake to be in the next ten years? She asked what was the Council thinking about when they approved the Town Square plan? Councilmember Edmondson thanked everyone for coming tonight and for caring about our city. REGULAR CITY COUNCIL MEETING MINUTES OF MAY 19, 1998 PAGE 8 Lisa Stokdyke, 720 North Peytonville Avenue, $outhlake. Ms. Stokdyke stated, "When we speak of down town, we want people to be impressed." She stated she would like to see a theater with no more than two to four screens. Councilmember Scott Martin commented that the developers will listen to the people. The citizens should call the developer with their concerns. If they state they will not support the development, the developer will listen. Councilmember Gary Fawks asked staff to make available to the public here tonight whatever information is available regarding the Town Square Development. Councilmember Ronnie Kendall asked that this information on the Town Square be put on the cable channel to inform the citizens. Kenneth Horne, 1215 Ashmoore Court, Southlake. Mr. Home stated he does not feel the developer is relying on the Southlake citizens to make his development successful, but in fact is relying on the traffic on S.H.114. He commented that all the people who have come to Southlake to live have made Southlake what it is today. They want this town to live up to its promise. The citizens are willing to pay top dollar and they want the top developments. The citizens could have moved anywhere but they moved here. The citizens need the City Council to keep it the best! Agenda Item #7-A, Ordinance No. 703, 2na reading , Tax and Waterworks and Sewer System Revenue Certificates of Obligation, Series 1998. Ordinance No. 703, 2nd reading, An ordinance considering all matters incident and related to the issuance and sale of $13,910,000, "City of Southlake, Texas, Tax and Waterworks and Sewer System (Limited Pledge) Revenue Certificates of Obligation, Series 1998," dated May 15, 1998, including the receipt of bids therefore and the second reading and final adoption of an ordinance authorizing the issuance of such certificates of obligation. Lou Ann Heath, Director of Finance, gave an overview of the events that led to the sale of the Certificates of Obligation, Series 1998. A copy of the memorandum dated May 15, 1998 is hereby attached to the minutes of this meeting. Jim Sabonis, First Southwest Company, was present and informed the Council that the sealed bids were due on Tuesday, May 19, 1998 for a 3:00 p.m. CDT bid opening. He stated the low bidder was Dean Witter Reynolds, Inc. at an interest rate of 5.03451%. The syndicate members include: Prudential Securities, Dain Rausher, Bank One, Crews & Associates, Chase Securities, A.G. Edwards, NDC Memphis, Stem A.G., Oppienhiemer, Paine Webber, Inc., Edward D. Jones, Southwest Securities and Legg Mason. The second bidder was Salomon, Smith Barney with an interest rate of 5.06626%. Mr. Sabonis stated, "It is the level of the bid and not the number of bidders," REGULAR CITY COUNCIL MEETING MINUTES OF MAY 19, 1998 PAGE 9 in response to the comment made by Councilmember Ronnie Kendall in surprise that only two bids were received during the bid opening. PUBLIC HEARING: No comments were received during the public hearing. Motion was made to approve the 2nd reading of Ordinance No. 703. Motion: Fawks Second: Evans Ayes: Fawks, Evans, Kendall, Edmondson, Martin, Stacy Nays: None Approved: 6-0 vote (Council Moffat was out of the room and did not vote.) Council adjourned for recess at 8:35 p.m. Council returned to open session at 8:50 p.m. Agenda Item #7-B, Ordinance No. 653-A, Amending the Ordinance Creating the Senior Advisory Commission Shana Yelverton, Assistant City Manager, stated for a variety of reasons, there are several vacancies on the Senior Advisory Commission, and the remaining members have had to make decisions with only three or four members for the last three months. The Commission is requesting an increase of membership from six to seven members to help ensure adequate discussion on issues requiring a vote. There is also a proposed major change in the requirement for members to be age 55. This proposed change allows (2) members be younger than 55 if they have experience or education that is deemed helpful to the commission. Mayor Pro Tem Evans, stated he feels it is a good idea to allow two members to be under 55 years of age. PUBLIC HEARING: No comments were made during the public hearing. Motion was made to approve Ordinance No. 653-A, 2nd reading. Motion: Evans Second: Martin Ayes: Evans, Martin, Moffat, Kendall, Edmondson, Fawks, Stacy Nays: None Approved: 7-0 vote Agenda Item #7-C, ZA 98-030, Rezoning and Site Plan for Lot 5P, Block 1~ Mirth Addition ZA 98-030, Rezoning and Site Plan for Lot 5R, Block 1, Miron Addition, Zoning Change on property legally described as approximately 0.47 acres being a portion of Lot 4R, Block 1, Miron Addition, an addition to the City of Southlake, Tarrant County, Texas, according to the plat recorded in Cabinet A, Slide 3902, Plat Records, Tarrant County, REGULAR CITY COUNCIL MEETING MINUTES OF MAY 19, 1998 PAGE 10 Texas, and a Site Plan on property legally described as being a portion of Lot 4R, Block 1, Miron Addition, an addition to the City of Southlake, Tarrant County, Texas, according to the plat recorded in Cabinet A, Slide 1252, Plat Records, Tarrant County, Texas, and Lot 5, Block 1, Miron Addition, an addition to the City of Southlake, Tarrant County, Texas, and being a total of approximately 1.495 acres. Current zoning is "C-2" Local Retail Commercial District and "S-P-2" Generalized Site Plan District with certain "B-2" Commercial Manufacturing District uses. Owner and Applicant: Martin W. Schelling, Trustee. This applicant has requested to withdraw the zoning part only and wishes to go forward with the Site Plan. Karen Gaudy, Zoning Administrator, commented that nine (9) notices were sent to property owners within the 200' notification area and no written responses have been received. She noted during the Planning and Zoning Commission meeting on May 7, 1998, the applicant requested to withdraw the zoning portion of ZA 98-030. The Site Plan was approved (4-0-1) subject to the Site Plan Review Summary No. 1, dated May 1, 1998, allowing Items #3 (parking islands), #4a, #4b, g4c (driveways) as shown and allowing Item #4d (northeast driveway) to remain until construction is complete on the City water tower. PUBLIC HEARING: No comments were made during the public hearing. Motion was made to approve ZA 98-030, pursuant to the Site Plan Review Summary No. 2 dated Mary 15, 1998; incorporating the action taken by the Planning and Zoning Commission on this item; with the additional inclusion of an item #3 on this letter, in regard to providing landscape islands within the development; waiving said requirement; acknowledging the applicant's agreement to follow City code in the removal of the septic tanks when they are discontinued; deleting the applicant's bufferyard chart as shown on the documents presented with this case; and all reference to approval of said bufferyards. Motion: Martin Second: Edmondson Ayes: Martin, Edmondson, Fawks, Moffat, Kendall, Evans, Stacy Nays: None Approved: 7-0 vote Agenda Item #8-A. Ordinance No. 480-277, 1st reading, (ZA 98-033) Ordinance No. 480-277, 1st reading (ZA 98-033), Rezoning and Site Plan for White's Chapel United Methodist Church on property legally described as Tracts 5G, 5Gl, and 5H, situated in the O.W. Knight Survey, Abstract No. 899, and being approximately 10.875 acres, and a Site Plan on property legally decribed as tracts 5G, 5Gl, and 5H situated in the O.W. Knight Survey, Abstract No. 899, and Lot 1, Block A, White Chapel Methodist Church Addition, an addition in the City of Southlake, Tarrant County, Texas, according to the plat recorded in Volume 388-204, Page 12, Plat Records, Tarrant County, Texas and being a total of approximately 15.53 acres. Current zoning is "AG" Agricultural District and "CS" Community Service District. Requested zoning is "CS" REGULAR CITY COUNCIL MEETING MINUTES OF MAY 19, 1998 PAGE 11 Community Service District. Applicant: Tie Davis and J. Murray Smith, Architects. Owner: White's Chapel United Methodist Church. Karen Gandy, Zoning Administrator, commented that seventeen (17) notices were sent to property owners within the 200' notification area and one (1) written response was received from: Dr. Greg Wright, 200 East Southlake Boulevard, Suite 30, Southlake, Texas, in favor of. Mr. Tie Davis, applicant representing the White's Chapel United Methodist Church as architect was present to answer questions of Council. Mr. Davis stated Reverend McKellar was also present. Mr. Davis stated the northeast house and gravel driveway will one day be removed from the property. He stated they have tried to protect the trees with this project. Mayor Pro Tem Evans stated the church wants to be a good neighbor, and needs to know where and when to put in the trail. Evans stated the church will put in the trail when the rest of the trail is complete. They will not hold up the project. He commented that the cemetery is not owned by the church, but is a separate association. Councilmember Edmondson stated at the Plallnning and Zoning level, she recalls where the commission passed on asking the developer to put in the sidewalks when the sidewalk goes nowhere. Edmondson brought out that the developer received a waiver, therefore the entire burden of the whole trail system will be on the backs of the taxpayers. Mayor Stacy stated when the staff decides where the sidewalk should be, then the developers can put the sidewalk in. Evans stated the church would put in the sidewalk when the rest of the trail is put in. Motion was made to approve ZA 98-030, subject to the recommendation of the Planning and Zoning Commission which includes;" Subject to the Site Plan Review Summary No 1, dated May 1, 1998, amending Item #4 (Sidewalk) allowing location to be determined by staff, allowing Items #5a-Sd as shown as deleting Item #16 (articulation)"; also allowing that the sidewalk be constructed at a time not later than when the rest of the adjacent sidewalk is in place. Motion: Fawks Second: Evans Ayes: Fawks, Evans, Moffat, Edmondson, Kendall, Martin, Stacy Nays: None Approved: 7-0 vote Agenda Item #8-B~ Ordinance No. 480-276, 1st reading (ZA 98-032). Ordinance No. 480-276, 1st reading (ZA 98-032), Rezoning of Lot 1, Block 1, Rougemont, an addition to the City of Southlake, Tarrant County, Texas, according to the REGULAR CITY COUNCIL MEETING MINUTES OF MAY 19, 1998 PAGE 12 plat recorded in Cabinet A, Slide 1605, Plat Records, Tarrant County, Texas, and being approximately 14.782 acres. Current zoning is "AG" Agricultural District with a requested zoning of "RE" Residential Estate District. Owners and Applicants, Sharon and Yves Meyer. Karen Gandy, Zoning Administrator, commented that twenty (20) notices were sent to property owners within the 200' notification area and six (6) responses have been received from: Jerry and Cynthia Brewer, 960 Brittany Court, Southlake, in favor of; Susan and Robert Jones, 1065 Brittany Court, Southlake, in favor of; Melanie Horn, 1301 Wakefield Court, Southlake, undecided; Alan Egerton, 696 Garden Court, Southlake, opposed; J. Scott and Brenda Matheis, 955 Brittany Court, Southlake, opposed; Russell and Lana Holley, 692 Garden Court, Southlake, undecided. Sharon Meyer, 1325 North Peytonville Avenue, Southlake. Ms. Meyer stated she is the applicant and is rezoning her property because there is a development next to her. They want to be sure there is one acre lots on the border of her property. Motion was made to approve Ordinance No. 480-276, 1st reading. Motion: Martin Second: Evans Ayes: Martin, Evans, Moffat, Kendall, Edmondson, Stacy Nays: None Approved: 6-0 vote (Councilmember Fawks was out of the room and did not vote.) Agenda Item #8-C, Ordinance No. 480-278, 1st reading (ZA 98-034) Ordinance No. 480-278, 1St reading (ZA 98-034) Rezoning on property legally described as approximately 12.573 acres situated in the Thomas Beedy Survey, Abstract No. 72, and being Tract 2A3. Current zoning is "AG" Agricultural District, with a requested zoning of "SF-1A" Single Family Residential District. Applicant: Kingdom Park Developments, L.L.C. Owner: Ruby L. Hill. Karen Gandy, Zoning Administrator, commented that thirteen (13) notices were sent to property owners within the 200' notification area and four (4) written responses have been received, from: Mike Dumont, 598 Garden Court, Southlake, opposed; James and Catherine Lancaster, 600 Garden Court, Southlake, in favor of; Dale Clark (Southlake- Coventry, Ltd.) 16250 Dallas North Parkway, Dallas, undecided. Mr. John McFarland was present and stated he is the new owner, but this item was applied for as Ruby Hill being the owner. Mr. McFarland stated he is the owner and president of Kingdom Park Development, 543 West University Boulevard, Dallas. Motion was made to approve Ordinance No. 480-278,1st reading. Motion: Martin Second: Fawks Ayes: Martin, Fawks, Moffat, Kendall, Edmondson, Evans, Stacy REGULAR CITY COUNCIL MEETING MINUTES OF MAY 19, 1998 PAGE 13 Nays: None Approved: 7-0 vote Agenda Item g8-D, Ordinance No. 480-279, Ist reading (ZA 98-035) Ordinance No. 480-279, 1st reading, (ZA 98-035), Rezoning on property legally described a Lot 1, T. Beedy No. 72 Addition, an addition to the City of Southlake, Tarrant County, Texas, according to the plat recorded in Cabinet A, Slide 3584, Plat Records, Tarrant County, Texas, and being approximately 9.79 acres. Current zoning is "RE" Residential Estate District, with a requested zoning of "SF-1A" Single Family Residential District. Applicant: Kingdom Park Developments, L.L.C. Owner: Lee Fahrenbrook. Karen Gandy, Zoning Administrator, stated eleven (11) notices were sent to property owners within the 200' notification area and three (3) responses have been received from: James and Catherine Lancaster, 600 Garden Court, Southlake, in favor of; Paul Sullivan, 1900 North Peytonville Avenue, Southlake, in favor of; and, Russell and Lana Holley, 692 Garden Court, Southlake, undecided. John McFarland, applicant, was present to answer questions of Council. Motion was made to approve Ordinance No. 480-279, 1st reading. Motion: Fawks Second: Martin Ayes: Fawks, Martin, Moffat, Kendall, Evans, Edmondson, Stacy Nays: None Approved: 7-0 vote Agenda Item gl0-C, Authorization for a Public Access Easement within Cedar Oaks Estates Bob Whitehead, Director of Public Works, presented agenda Item gl0-C, Authorization for a public access easement within Cedar Oaks Estates, located on the north side of Sleepy Hollow, approximately 750' east of the intersection of Sleepy Hollow and Morgan Drive. Director Whitehead stated during the April 7, 1998, Regular City Council meeting, residents living in Cedar Oaks Estates Addition expressed concerns over the private drive proposed to be located in the new development. Council agreed to consider accepting the roadway as a public access easement. Whitehead noted staff recommends the public access easement for Cedar Oaks Estates. Motion was made to approve the authorization of a public access easement within the Cedar Oaks Estates Addition including an additional five foot on each side of the road for bar ditches. Motion: Fawks Second: Edmondson Ayes: Fawks, Edmondson, Kendall, Moffat, Evans, Stacy REGULAR CITY COUNCIL MEETING MINUTES OF MAY 19, 1998 PAGE 14 Nays: Martin Approved: 6-1 vote Bob Whitehead, Director of Public Works, stated he will go back to the developer with the action taken by the City Council. Agenda Item #11-Ay Agreement with Fort Worth Star Telegram Shana Yelverton, Assistant City Manager, stated this item was on the March 3, 1998 City Council agenda at which point Council renewed the agreement with the Fort Worth Star Telegram for legal publications. This item was placed on the agenda at the request of Mayor Stacy for Councilmember Wayne Moffat. Steve Jacobs, Managing Editor of the Northeast Section of the Fort Worth Star Telegram was present to answer questions. Steve Jacobs, Fort Worth Star Telegram, gave Council the circulation figures for Southlake as being 50% more circulation on a daily basis than the Dallas Morning News. He stated it is the newspaper's position that they have satisfied the terms of the contract in terms of state law and city charter, for legal notices. In their opinion they have satisfied the contract in terms of price and service. Mr. Jacobs stated he has not intented for the information given to be a threat, but rather information. Mayor Stacy stated the information given to Council from the City Secretary is that there is not a problem with service, price, or professionalism on the part of the newspaper. Her department is very pleased and he stated for that, staff feels the newspaper has done an admirable job. The rates are obviously an attractive factor. Mayor Stacy suggested that members of the City Council sit down with members of the staff at the Star-Telegram and discuss some of the things that Council is unhappy with. He stated, as witnessed tonight, the article in the Star-Telegram regarding the mega-theater in Town Square. The article got a lot of citizens stirred up and it was not necessary. This is the kind of thing that Council is saying, before printing articles, get the facts straight. Talk with the developers and staff before printing an article that will upset the citizens of Southlake. Mayor Stacy stated most of the articles are negative toward the City and that is what Council is unhappy with. Mr. Jacobs stated he would be happy to have his paper sit down with the City Council and work through the issues. It was agreed that City Council will meet with members of the Star-Telegram staff in the near future in an effort to work through the issues. Mayor Stacy thanked Mr. Jacobs for taking the time to come to the Council meeting tonight, stating, it shows that the newspaper does care. Agenda Item #2-A, Executive Session continued Mayor Stacy advised the audience that the City Council will be returning into executive session pursuant to the Open Meetings Act, Chapter 551 of the Texas Government Code, Section 551.074 to deliberate the appointment and evaluation of public officers. REGULAR CITY COUNCIL MEETING MINUTES OF MAY 19, 1998 PAGE 15 Council returned to executive session at 10:20 p.m. Council returned to open session at 12:31 a.m. Agenda Item #2-B, Action Necessary/Executive Session, Continued No action was taken as the result of the executive session. Agenda Item #9-A, Resolution No. 98-34, Appointments to the Planning and Zoning Commission Motion was made to approve Resolution No. 98-34, naming the following persons to serve on the Planning and Zoning Commission for two year terms: C.D. Peebles, Ann Creighton, Keith Shankland, and Mike Sandlin. Motion: Martin Second: Edmondson Ayes: Martin, Edmondson, Fawks, Moffat, Kendall, Evans, Stacy Nays: None Approved: 7-0 vote Agenda Item #9-B, Resolution No. 98-35, Appointment to the Zoning Board of Adjustments Motion was made to approve Resolution No. 98-35, naming the following persons to serve on the Zoning Board of Adjustments for two year terms: David Harris, Dennis Minder and Vernon Stansell; naming David Harris as chairman, and Art Sorenson as Vice-Chairman. Motion: Martin Second: Fawks Ayes: Martin, Fawks, Moffat, Kendall, Evans, Edmondson, Stacy Nays: None Approved: 7-0 vote Agenda Item #9-C, Resolution No. 98-36, Appointments to the Building Board of Appeals Motion was made to approve Resolution No. 98-36, naming the following persons to serve on the Building Board of Appeals for terms to expire in May, 2000: Place 2, Kosse Maykus, Place 4, Eddie Pierce and Place 6 (alternate gl) David Carpenter. Motion:Martin Second: Evans Ayes: Martin, Evans, Moffat, Kendall, Edmondson, Fawks, Stacy Nays: None REGULAR CITY COUNCIL MEETING MINUTES OF MAY 19, 1998 PAGE 16 Approved: 7-0 vote Agenda Item #9-D, Resolution No. 98-37, Appointments to the Parks and Recreation Board Motion was made to approve Resolution No. 98-37, naming the following persons to serve on the Parks and Recreation Board, for three year terms: Robin Jones, Sherry Berman and James Glover. Motion: Martin Second: Edmondson Ayes: Martin, Edmondson, Fawks, Moffat, Kendall, Evans, and Stacy Nays: None Approved: 7-0 vote Agenda Item #9-E, Resolution No. 98-38, Appointments to the Youth Parks and Recreation Board Motion was made to approve Resolution No. 98-38, naming the following students to serve on the Youth Parks and Recreation Board, for two year terms: Matt Berg, Jonathan Edmondson, and Anna Williams. Motion: Martin Second: Evans Ayes: Martin, Evans, Fawks, Moffat, Kendall, Edmondson, Stacy Nays: None Approved: 7-0 vote Agenda Item #9-F, Resolution No. 98-39, Appointments to the Senior Advisory Commission Motion was made to approve Resolution No. 98-39, naming the following persons to serve on the Senior Advisory Commission for terms as noted in the resolution: Linda Moore, Jeane Alexander, William Cosgrove, Matalyn Smith, Betsy Horowitz and Tom Ward. Motion: Martin Second: Evans Ayes: Martin, Evans, Edmondson, Fawks, Moffat, Kendall, Stacy Nays: None Approved: 7-0 vote Agenda Item #9-G, Resolution No. 98-40, Appointments to the Southlake Parks Development Corporation. Motion was made to approve Resolution No. 98-40, naming the following persons to the Southlake Parks Development Corporation: Council positions: Ronnie Kendall, Scott Martin and Ralph Evans. Citizen position: Norm Lyons. The terms are indicated in the resolution. REGULAR CITY COUNCIL MEETING MINUTES OF MAY 19, 1998 PAGE 17 Motion: Martin Second: Fawks Ayes: Martin, Fawks, Moffat, Kendall, Evans, Edmondson, Stacy Nays: None Approved: 7-0 vote Agenda Item #9-H, Resolution No. 98-41, Appointments to the Teen Court Advisory Board Motion was made to approve Resolution No. 98-41, Appointments to the Teen Court Advisory Board, for one year terms. Rick Stacy as the Council position and David Harris as the citizen position. Motion: Martin Second: Evans Ayes: Martin, Evans, Moffat, Kendall, Edmondson, Fawks, Stacy Nays: None Approved: 7-0 vote Agenda Item #9-I, Resolution No. 98-42, Appointments to the Joint Utilization Committee Motion was made to approve Resolution No. 98-42, naming Gary Fawks as the Council appointment and Windi Carlucci as the citizen appointment to the Joint Utilization Committee for one year terms. Motion: Martin Second: Edmondson Ayes: Martin, Edmondson, Fawks, Moffat, Kendall, Evans, Stacy Nays: None Approved: 7-0 vote Agenda Item #9-J, Resolution No. 98-43, Appointments to the Drug and Alcohol Awareness Committee Motion was made to approve Resolution No. 98-43, naming Debra Edmondson as the Council appointment to the Drug and Alcohol Awareness Committee. Motion: Martin Second: Fawks Ayes: Martin, Fawks, Moffat, Kendall, Evans, Edmondson, Stacy Nays: None Approved: 7-0 vote Agenda Item #9-K, Resolution No. 98-44, Appointing a Council Representative as Liaison to DFW Airport REGULAR CITY COUNCIL MEETING MINUTES OF MAY 19, 1998 PAGE 18 Resolution No. 98-44 was approved naming Pamela Muller as the liaison to DFW Airport, for a one year term. Motion: Martin Second: Evans Ayes: Martin, Evans, Fawks, Edmondson, Kendall, Moffat, Stacy Nays: None Approved: 7-0 vote Agenda Item #12, Adjournment. Mayor Rick Stacy adjourned the meeting at 12:45 a.m. ~ ~ ~ Y ~ ~ Mayoff~ck Stacy ATTEST: ~ ~ ~ Ci~ Secret~ M:\WP-FILESWIINUTES\cc-5-19-98 .doc REGULAR CITY COUNCIL MEETING MINUTES OF MAY 19, 1998 PAGE 19 City of Southlake, Texas CITY OF SOUTHLAKE, TEXAS OATH OF OFFICE STATE OF TEXAS COUNTY OF TARRANT /DENTON CITY OF SOUTHLAKE "I, DAVID A. HARRIS solemnly swear (or affirm) that I will faithfully execute the duties of a ZONING BOARD OF ADJUSTMENTS MEMBER, of the City of Southlake, Texas, and will to the best of my ability preserve, protect, and defend the Constitution and Laws of the United States of America and of this State and the Charter and Ordinances of the City. I furthermore solemnly swear (or affirm) that I have not directly nor indirectly paid, offered, or promised to pay, contributed, nor promised to contribute any money or valuable thing, or promised any public office or employment, as a reward to secure my appointment or the confirmation thereof. So help me God." ...a.L David Harris SWORN TO AND SUBSCRIBED BEFORE ME, THIS THE 02,0 DAY OF MAY, 1998. 9 'co = Mayor Rick Stacy Ea �1 ATTEST: 44 f ikaid 1 . Z a. ■ .,L Sandra L. LeGrand City Secretary City of Southlake, Texas CITY OF SOUTHLAKE, TEXAS OATH OF OFFICE STATE OF TEXAS COUNTY OF TARRANT /DENTON CITY OF SOUTHLAKE "I, KEITH SHANKLAND solemnly swear (or affirm) that I will faithfully execute the duties of a PLANNING AND ZONING COMMISSIONER, of the City of Southlake, Texas, and will to the best of my ability preserve, protect, and defend the Constitution and Laws of the United States of America and of this State and the Charter and Ordinances of the City. I furthermore solemnly swear (or affirm) that I have not directly nor indirectly paid, offered, or promised to pay, contributed, nor promised to contribute any money or valuable thing, or promised any public office or employment, as a reward to secure my appointment or the confirmation thereof. So help me God." eith Shanidand SWORN TO AND SUBSCRIBED BEFORE ME, THIS THE y DAY OF MAY, 1998. .01 1 N°.F. a • ' = z = Mayor Rick Stacy ATTEST: * '•,, ice' "6"0- iv .."d4ALA4,X andra L. LeGrand City Secretary City of Southlake, Texas CITY OF SOUTHLAKE, TEXAS OATH OF OFFICE STATE OF TEXAS COUNTY OF TARRANT /DENTON CITY OF SOUTHLAKE "I, ANN CREIGHTON solemnly swear (or affirm) that I will faithfully execute the duties of a PLANNING AND ZONING COMMISSIONER, of the City of Southlake, Texas, and will to the best of my ability preserve, protect, and defend the Constitution and Laws of the United States of America and of this State and the Charter and Ordinances of the City. I furthermore solemnly swear (or affirm) that I have not directly nor indirectly paid, offered, or promised to pay, contributed, nor promised to contribute any money or valuable thing, or promised any public office or employment, as a reward to secure my appointment or the confirmation thereof. So help me God." i - ;i f Ann Creig ton 4 SWORN TO AND SUBSCRIBED BEFORE ME, THIS THE 7 DAY OF MAY, 1998. i ..,,,,,„„„,„ ....__ \ tee, J ',N;........F.�� 4 �G � 0 f . Mayor Rick Stacy ATTEST: andra L. LeGrand City Secretary City of Southlake, Texas CITY OF SOUTHLAKE, TEXAS OATH OF OFFICE STATE OF TEXAS COUNTY OF TARRANT /DENTON CITY OF SOUTHLAKE "I, C.D. PEEBLES solemnly swear (or affirm) that I will faithfully execute the duties of a PLANNING AND ZONING COMMISSIONER, of the City of Southlake, Texas, and will to the best of my ability preserve, protect, and defend the Constitution and Laws of the United States of America and of this State and the Charter and Ordinances of the City. I furthermore solemnly swear (or affirm) that I have not directly nor indirectly paid, offered, or promised to pay, contributed, nor promised to contribute any money or valuable thing, or promised any public office or employment, as a reward to secure my appointment or the confirmation thereof. So help me God." C.D. Peebles SWORN TO AND SUBSCRIBED BEFORE ME, THIS THE 0 DAY OF MAY, 1998. o otutitui N , 0N11 1 fF. � , 4 n . Mayor Rick Stacy - ' • ,r ATTEST: % / 441441 Y1/4 Sandra L. LeGrand City Secretary City of Southlake, Texas CITY OF SOUTHLAKE, TEXAS OATH OF OFFICE STATE OF TEXAS COUNTY OF TARRANT /DENTON CITY OF SOUTHLAKE "I, VERNON STANSELL solemnly swear (or affirm) that I will faithfully execute the duties of a ZONING BOARD OF ADJUSTMENTS MEMBER, of the City of Southlake, Texas, and will to the best of my ability preserve, protect, and defend the Constitution and Laws of the United States of America and of this State and the Charter and Ordinances of the City. I furthermore solemnly swear (or affirm) that I have not directly nor indirectly paid, offered, or promised to pay, contributed, nor promised to contribute any money or valuable thing, or promised any public office or employment, as a reward to secure my ap intment or the confirmation thereof. So help me God." 61/ „ OM ,/ Vernon Stansell SWORN TO AND SUBSCRIBED BEFORE ME, THIS THE U1 DAY OF MAY, 1998. Oun T 4o @&cz .Ippp , , g 0 N Mayor Rick a ATTEST• %° ; '` = ? II 2 it4 Sandra L. LeGrand City Secretary City of Southlake, Texas CITY OF SOUTHLAKE, TEXAS OATH OF OFFICE STATE OF TEXAS COUNTY OF TARRANT /DENTON CITY OF SOUTHLAKE "I, WARREN A. (BRAD) BRADLEY do solemnly swear (or affirm) that I will faithfully execute the duties of JUDGE OF MUNICIPAL COURT of the City of Southlake, State of Texas, and will to the best of my ability preserve, protect and defend the Constitution and Laws of the United States of America . • : o t s ' State and the Charter and Ordinances of the City. I furtherms - sole swear (of affirm) that I have not directly nor indirectly paid, I ered, or • mised to pay, contributed, nor promised to contribute any mone or valuabl- ing, or promise any public office or employment, as a reward fs the giving e withholding of . •ote at the election at which I was elected. So help me God." Warren A. ,( rad) Bradley SWORN TO AND SUBSCRIBED BEFORE ME, THIS THE / 6/ DAY OF MAY, 1998. o l111I I I ul of ................ o 1' :m g. f� y ` ATTEST: ° � � u�umncaa` `�`�� A 7 .01 , 14 / Sandra L. LeGrand City Secretary City of Southlake, Texas CITY OF SOUTHLAKE, TEXAS OATH OF OFFICE STATE OF TEXAS COUNTY OF TARRANT /DENTON CITY OF SOUTHLAKE "I, NORM LYONS solemnly swear (or affirm) that I will faithfully execute the duties of a SOUTHLAKE PARK DEVELOPMENT CORPORATION, of the City of Southlake, Texas, and will to the best of my ability preserve, protect, and defend the Constitution and Laws of the United States of America and of this State and the Charter and Ordinances of the City. I furthermore solemnly swear (or affirm) that I have not directly nor indirectly paid, offered, or promised to pay, contributed, nor promised to contribute any money or valuable thing, or promised any public office or employment, as a reward to secure my appointment or the confirmation thereof. So help me God." ti N s rm Lyons SWORN TO AND SUBSCRIBED BEFORE ME, THIS THE a� DAY OF MAY, 1998. ` oJ 5( H Al ..N. +� ,c Mayor Rick Stacy o ATTEST: / 11 i4/ au City Secretary City of Southlake, Texas CITY OF SOUTHLAKE, TEXAS OATH OF OFFICE STATE OF TEXAS COUNTY OF TARRANT /DENTON CITY OF SOUTHLAKE "I, DENNIS MINDER solemnly swear (or affirm) that I will faithfully execute the duties of a ZONING BOARD OF ADJUSTMENTS MEMBER, of the City of Southlake, Texas, and will to the best of my ability preserve, protect, and defend the Constitution and Laws of the United States of America and of this State and the Charter and Ordinances of the City. I furthermore solemnly swear (or affirm) that I have not directly nor indirectly paid, offered, or promised to pay, contributed, nor promised to contribute any money or valuable thing, or promised any public office or employment, as a reward to secure my appointment or the confirmation thereof. So help me God." Dennis Minder SWORN TO AND SUBSCRIBED BEFORE ME, THIS THE DAY OF MAY, 1998. own%� (Y 455 _ i\ ;� E Mayor Rick Stacy 7.11 co ATTEST: �, /1 / 4 1/414 j� t1 ( Sandra L. LeGrand City Secretary City of Southlake, Texas CITY OF SOUTHLAKE, TEXAS OATH OF OFFICE STATE OF TEXAS COUNTY OF TARRANT /DENTON CITY OF SOUTHLAKE "I, DAVID L. CARPENTER solemnly swear (or affirm) that I will faithfully execute the duties of a BUILDING BOARD OF APPEALS, of the City of Southlake, Texas, and will to the best of my ability preserve, protect, and defend the Constitution and Laws of the United States of America and of this State and the Charter and Ordinances of the City. I furthermore solemnly swear (or affirm) that I have not directly nor indirectly paid, offered, or promised to pay, contributed, nor promised to contribute any money or valuable thing, or promised any public office or employment, as a reward to secure my appointment or the confirmation thereof. So help me God." Za i A / z . e / ( a... David L. Carpenter SWORN TO AND SUBSCRIBED BEFORE ME, THIS THE DAY OF MAY, 1998. A F �+iir CO 0 1 t � May • Rick Stacy ATTEST: , ; ; :,/ i / / � ' .•. '**1( `` ,\``.. ho utti../t // milko Sandra L. LeGrand City Secretary City of Southlake, Texas CITY OF SOUTHLAKE, TEXAS OATH OF OFFICE STATE OF TEXAS COUNTY OF TARRANT /DENTON CITY OF SOUTHLAKE "I, W. RALPH EVANS solemnly swear (or affirm) that I will faithfully execute the duties of a SOUTHLAKE PARK DEVELOPMENT CORPORATION, of the City of Southlake, Texas, and will to the best of my ability preserve, protect, and defend the Constitution and Laws of the United States of America and of this State and the Charter and Ordinances of the City. I furthermore solemnly swear (or affirm) that I have not directly nor indirectly paid, offered, or promised to pay, contributed, nor promised to contribute any money or valuable thing, or promised any public office or employment, as a reward to secure my appointment or the confirmation thereof. So help me God " // 1 f > r ; W. Ralph Ev. ` s SWORN TO AND SUBSCRIBED BEFORE ME, THIS THE A7 DAY OF MAY, 1998. `‘‘ ‘ ‘-T 111n,,, ' ,,, ' s • r� �• ' . A = May r Rick Stacy -* IN ; n ATTEST: S i'igC\`e` andra L. LeGrand City Secretary City of Southlake, Texas CITY OF SOUTHLAKE, TEXAS OATH OF OFFICE STATE OF TEXAS COUNTY OF TARRANT /DENTON CITY OF SOUTHLAKE "I, RONNIE KENDALL solemnly swear (or affirm) that I will faithfully execute the duties of a SOUTHLAKE PARK DEVELOPMENT CORPORATION, of the City of Southlake, Texas, and will to the best of my ability preserve, protect, and defend the Constitution and Laws of the United States of America and of this State and the Charter and Ordinances of the City. I furthermore solemnly swear (or affirm) that I have not directly nor indirectly paid, offered, or promised to pay, contributed, nor promised to contribute any money or valuable thing, or promised any public office or employment, as a reward to secure my appointment or the confirmation thereof. So help me God." " ' 41 /al/ Ronnie Kendall SWORN TO AND SUBSCRIBED BEFORE ME, THIS THE DAY OF MAY, 1998. 0111111/0/4 - `l O F sp r sl _ Mayor Rick Stacy ATTEST Akft, al'ioati Sandra L. LeGrand City Secretary City of Southlake, Texas CITY OF SOUTHLAKE, TEXAS OATH OF OFFICE STATE OF TEXAS COUNTY OF TARRANT /DENTON CITY OF SOUTHLAKE "I, SCOTT F. MARTIN solemnly swear (or affirm) that I will faithfully execute the duties of a SOUTHLAKE PARK DEVELOPMENT CORPORATION, of the City of Southlake, Texas, and will to the best of my ability preserve, protect, and defend the Constitution and Laws of the United States of America and of this State and the Charter and Ordinances of the City. I furthermore solemnly swear (or affirm) that I have not directly nor indirectly paid, offered, or promised to pay, contributed, nor promised to contribute any money or valuable thing, or promised any public office or employment, as a reward to secure my appointment or the confirmation thereof. So help me God." - . . 1 ■ filt- - ; ,--- --) - — — - ---- Scott F. Martin SWORN TO AND SUBSCRIBED BEFORE ME, THIS THE pti DAY OF MAY, 1998. otuim% r , =U . g. Ma or Rick Stacy . ATTEST: . * ....... ..�5 }� 4 inrminna`` A 714441, \ A ItAh Sandra L. LeGrand City Secretary CONFLICT OF INTEREST AFFIDAVIT THE STATE OF TEXAS § COUNTY OF § I, � s as a member of the (7 6, r1 C r / , make this affidavit and hereby on oath stdte the following: I have a substantial interest in a Vusiness entity or real property as defined in Chapter 171, Texas Local Government Code, and a vote is to be taken or a decision is to be made that will have a special economic effect on this business entity or real property. The agenda item affecting this business entity or real property is: COMPLETE (A) or (B): The business entity is (name); or Q )) The real property is located at: 3C` 'cIOQ.. v■CS ■/( I have a substantial interest for the following reasons: (check all which are applicable) Ownership of 10% or more of the voting stock or shares of the business entity. Ownership of 10% or more or $15,000 or more of the fair market value of the business entity. Funds received from the business entity exceed 10% of gross income for the previous year. Real property is involved and I have an equitable or legal ownership of k property with a fair market value of at least $2,500. A relative of mine has a substantial interest in the business entity or real property that would be affected by a decision of the public body of which I am a member. Upon filing of this affidavit with the City Secretary, I affirm that I will abstain from voting on any decision involving this business entity or real property and from any further participation on this matter by discussion or debate. Signed this / day of , 19T r. • - a 'cia. The State of ■ § County of _.577 § Before me on this day personally appeared known to me (or proved to me on the oath of or through (description of identity card or other document) to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same for the purposes and consideration therein expressed. I 1 Given under my hand and seal of office this l q day of , A.D. 9P . (SEAL) `o \e eeelU LA '��'tH....KF A �� E. 0 Fp A OJ L • otary Public in and for th •t . •o ex NDRA L. LeGRAND "? '••.. (4 �� * - •�+ * Notary Public H: \LIBRARY\Municipal \MERGE \Conflnterest t ' u � , STATE OF TEXAS My Comm. Exp. 02/04/2001 City of Southlake, Texas MEMORANDUM May 15, 1998 TO: Shana K. Yelverton, Assistant City Manager FROM: Lou Ann Heath, Director of Finance SUBJECT: Ordinance No. 703, 2nd Reading, An Ordinance Authorizing the Issuance of Certificates of Obligation, Series 1998 On April 7, the Council approved Resolution 98 -26 that authorized publishing the City's notice of intent to issue certificates of obligation. This notice of intent was published in the City's official newspaper, the Fort Worth Star Telegram, on April 9 and 16. The Resolution authorized a maximum of $14 million in Certificates of Obligation. On April 21, the Council approved on first reading Ordinance 703, which authorized the issuance of $13.91 million in certificates of obligation. Part of the certificates, $4.67 million, is for street and drainage projects and for purchase of equipment. This $4.67 million will be repaid through the City's ad valorem tax rate. Issuance of these certificates of obligation will not affect the current FY1997 -98 tax rate nor will it affect the City Council's ability to maintain the tax rate at its current level in preparing the FY1998 -99 budget. Approximately $5.79 million is for projects that are part of the City's Impact Fee Study, and the annual debt service for this portion of the certificates will be repaid through collected impact fees. There is $3.25 million in water and sewer neighborhood projects, which will be repaid through the City's Utility Fund. The remainder, $200,000, will be used for issuance costs as necessary, with any excess remaining after all costs have been paid to be allocated to the projects. On May 14, City staff held conference calls with Juist Hinds of Moody's Investors Service and Alex Fraser of Standard and Poor's for ratings on the certificates. Jim Sabonis, First Southwest Company, Greg Last, Shana Yelverton, Darcey Imm, Lynn Martinson, Bob Whitehead and I participated in the calls. A rating presentation book had been forwarded to each agency on Monday. Both agency representatives were very complimentary to staff on the presentation, and had positive comments about the City's current financial condition and future potential for development. The City is currently rated `A +' by Standard and Poor's and 'Al' by Moody's. It is anticipated that the agencies will confirm the current ratings; the ratings reports are expected by Monday, May 18. Shana K. Yelverton May 15, 1998 Ordinance No. 703, 2nd Reading page 2 Jim Sabonis of First Southwest Company has prepared a preliminary Official Statement, a copy of which is included. The par amount of the certificates is $13.9 million, with the project construction fund funded at $13.7 million. A net interest cost of 5.267% is used for purposes of illustration; if the City were selling the certificates today, the rate would be approximately 5.20 %. The certificates are being competitively bid, with the bids due at 3:00 p.m. on Tuesday, May 19. Mr. Sabonis anticipates that there will be several bidders for the certificates. Depending on the market conditions for the scheduled May 19, 1998 sale date, a lower interest rate than the 5.267 % could slightly increase the amount of proceeds for projects. This is the second reading of the ordinance to approve issuance of the certificates. The City will receive proceeds around June 23. Please place Ordinance No. 703 on the May 19, 1998 agenda for consideration. LAH '7A_ 9 0 r N - w w w w F w Z m w w 2 4 2 y $ O 0 N C7 w 0 Y f Z t W u N Z J '�. Z • y w w U W Z y w U Q X Z � Z f � W w �m C Z W W 7 L ' ,- z 7 Z U ' f- Z ° ; w Q J < 'fir a • a W "/ a a ° ° m z • E ¢ r. 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