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1998-09-15REGULAR CITY COUNCIL MEETING 667 NORTH CARROLL AVENUE SOUTHLAKE, TEXAS SEPTEMBER 15, 1998 MINUTES COUNCILMEMBERS PRESENT: Mayor Rick Stacy; Mayor Pro Tem W. Ralph Evans; Deputy Mayor Pro Tem Scott Martin. Members; Wayne Moffat, Ronnie Kendall and Debra Edmondson. COUNCILMEMBER ABSENT: Gary Fawks STAFF PRESENT: Curtis Hawk, City Manager; Shana Yelverton, Assistant City Manager; Shelli Siemer, Assistant to the City Manager; Lou Ann Heath, Director of Finance; Scan Leonard, Court Administrator; Kcvin Hugman, Interim Director of Parks and Recreation; Greg Last, Director of Community Development; Karen Gandy, Zoning Administrator; Dennis Killough, Senior Planner; Bob Whitehead, Director of Public Works; Ron Harper, Deputy Director of Public Works; Shawn Poe, Capital Projects Coordinator; Chuck Ewings, Assistant to the Director of Public Works; Michael Patterson, Water Utility Supervisor; Lauren Safranek, Director of Human Resources; Billy Campbell, Director of Public Safety; John Knight, Deputy Director of Public Safety; E. Allen Taylor, Jr., City Attorney; and, Sandra L. LeGrand, City Secretary. WORK SESSION: The work session began at 5:15 p.m., whereby Councilmembers and city staff members reviewed items on the agenda. The work session was video taped and a tape recording was made for future reference. The following items were discussed by Council and staff: Agenda Item #5-K. Authorize the Mayor to enter into a professional services agreement with Belcheff & Associates, Inc. for the engineering and design of North White Chapel Boulevard from the County Line to Lake Grapevine. Curtis Hawk, City Manager, explained that Cheatham and Associates is working on part of this project, and perhaps he should be doing this portion of the project as well (Bob Jones Park). George Belchiff, owner of the engineering firm located in the City of Southlake, was present and stated he has given a proposal for this project and would like to continue, noting, he would not have a problem meeting the required deadlines. Mr. Belchiff stated his firm does government and school district work. Eddie Cheatham, Cheatham and Associates, stated he also would like to do this project. He stated he has not done work in this area of White Chapel Boulevard. Councilmember Scott Martin commented that 85% of the data for the area is in Cheatham's cad system. Bob Whitehead, Director of Public Works, stated they have not received a proposal from Cheatham and Associates as it is inappropriate to get bids from two separate consultants for the same job. Regular City Council Meeting Minutes of September 15, 1998 Page 1 of 26 Curtis Hawk, City Manager, asked to pull this item from the consent agenda and consider it separately. He commented that this item needs to be approved by October 6, 1998, so that the project is not held up. Agenda Item #5-M, Resolution No. 98-65, Authorizing the use of City funds for the purpose of contributing to retiree medical insurance. Mayor Stacy stated it was his suggestion that the city cover funds for the spouse of the retired employee as well. He suggested raising the amount for the retired employee from $100 to $125, and adding $100 for the spouse. Councilmembers Moffat and Edmondson stated they agree with Mayor Stacy. Agenda Item #5-G, Ordinance No. 717, Ist reading, amending Chapter 18, Article III, Section 18. 79 of the Southlake City Code, designating the speed limit as 25 miles per hour for certain streets. Sandy Rhone, Southridge Lakes resident, was present stating she was surprised to see the stop signs at Brazos and Southridge Lakes. She stated she is not opposed to a "new thing" if it is enforced. She asked who was responsible for the new stop sign and was told the city had received a letter from the Southridge Lakes Homeowners Association for the request. Cotmcilmember Edmondson commented that public safety has to be the main concern and that the taxpayers will not be paying for all of the new signs. Ms. Edmondson asked to have this item placed on the consent agenda. The work session ended at 6:05 p.m. REGULAR SESSION Agenda Item #1, Call to Order Mayor Rick Stacy called the Regular City Council meeting to order at 6:05 p.m. and welcomed those in attendance. Agenda Item #2-A, Executive Session Mayor Rick Stacy advised the audience that the City Council wouM 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 the City Attorney regarding pending and contemplated litigations, to deliberate the purchase, exchange, lease or sale of real property, a negotiated contract for a prospective gift or donation to the City, to deliberate the 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 of specific occasions for implementation of security personnel or devices. Regular City Council Meeting Minutes of September 15, 1998 Page 2 of 26 Council adjourned into executive session at 6:07 p.m. Council returned to open session at 7:10 p.m. Agenda Item #2-B, Action Necessary/Executive Session Motion was made to authorize staff to continue negotiations of the Sutton Place drainage issue as discussed in executive session. Motion: Kendall Second: Evans Ayes: Kendall, Evans, Edmondson, Martin, Moffat, Stacy Nays: None Approved: 6-0 vote Agenda Item #3, Invocation The invocation was given by Dave Boxerman, pastor of Lakeside Presbyterian Church, Southlake, who is serving as chaplain for the month of September. Boxerman stated the church is currently meeting at Durham Elementary School. Agenda Item g4-A, Mayor's Report Mayor Stacy welcomed everyone to the meeting and made the following announcements: Mayor Stacy introduced four Cub Scouts fi.om Pack 507 (Flaming Arrow Patrol) who are 5th graders from the Carroll ISD. The Den Mother, Pam Robertson stated the boys are working on a merit badge which includes being present for a meeting of the governmental body of the City. Mayor Stacy welcomed the boys to the meeting. September 16-24, 1998, Mayor Pro Tem W. Ralph Evans and others will be going to Toyoma, Japan representing the City of Southlake and the Sister City program. City Manager Curtis Hawk and Police Officer Rusty Daniels will also be traveling to Japan during this time. September 17, 1998, at 7:30 a.m. in the City Council Chambers of City Hall, will be the monthly meeting of the Metroport Cities Partnership, of which Mayor Stacy currently serves as Chairman. Purpose of the meeting will be to discuss the presentation to be given before the Texas Transportation Commission in Austin on September 24, 1998. September 28, 1998, a joint meeting of the Parks and Recreation Board and the Southlake Park Development Corporation (SPDC) will be held beginning at 7:00 p.m. The purpose of the meeting will be to discuss the Land Acquisition Plan for parks and to develop the five-year Parks Capital Projects Plan. · October 3, 1998 at 6:30 p.m. the Annual Southlake Stake-Out will be held at Marriott Solana. The event is sponsored by the Southlake Chamber of Commerce. Regular City Council Meeting Minutes of September 15, 1998 Page 3 of 26 October 28-31, will be the annual TML Conference in San Antonio. For Councilmembers wishing to attend, the City Secretary will make necessary arrangements. Agenda Item #4-B, City Manager's Report During the City Manager's Report, Ron Harper, Deputy Director of Public Works, gave an update on the Town Square development. Mr. Harper reported the progress continues on the infrastructure and commercial elements of this project. Paving of Central Avenue has been partially completed. Lime stabilization has begun on portions of Main Street and paving will begin during the week of September 14, 1998. Six buildings are currently under construction. All buildings have had steel erected. Brick work is being installed on buildings lA and lB. Building lA, electrical, mechanical, and plumbing rough-in is complete; interior framing and sheetrock in the public area and between tenant spaces is being constructed. The exterior stucco system has been completed on building lA. Windows have been delivered for building lA and are being installed on the second floor. Interior framing of Building lB is being constructed; electrical, mechanical and plumbing rough in is being installed, lB roof construction has been completed. Brick work on the north and east faces has begun on building lB. Building 5B has had rough-in mechanical and plumbing begun, interior framing is being constructed in the common areas, exterior framing and sheathing is being constructed. Building 5A has had electrical, mechanical and plumbing rough-in constructed. Roof work on 5A and 5B has been completed. Steel roof deck is being installed on 4C. POST OFFICE SQUARE Mr. Harper stated the developer has met with Community Development and Public Works staff on several occasions to discuss the submittal of plans for Post Office Square. The date of formal submittal is not known as this time. TOWN HALL Staff is currently discussing the scope of services with David Schwarz and Urban Architecture. It was staffs intent to have contracts for Council consideration at the September 15, 1998, meeting, however, staff has not been able to get both parties to finalize scope of services and fee structure. It has been noted over the past several report periods that the Town Square grand opening is scheduled for March 20, 1999. In conjunction with the grand opening, staff has hoped that the City would schedule the dedication of the Town Hall cornerstone. This dedication is a fairly involved activity which needs to be planned as soon as possible. He asked that Council select two or three Councilmembers to work with staffon the planning of the event. Staff will include: Ron Harper, Kevin Hugman, Tracy Southers and Shelli Siemer. Curtis Hawk suggested the Mayor, Mayor Pro Tem or Deputy Mayor Pro Tern and Councilmember Edmondson work with staff on the dedication. Regular City Council Meeting Minutes of September 15, 1998 Page 4 of 26 Agenda Item g4-C, SPIN Report Milan Georgia, SPIN #3, gave the SPIN report, stating this SPIN group is very active. He presented the minutes from their September 9, 1998 SPIN meeting. Curtis Hawk, City Manager; Shawn Poe, Capital Projects Coordinator; and, Bob Whitehead, Director of Public Works, attended the meeting in which the topic of discussion was the Lake Drive capital improvement. The improvement would result in widening Lake Drive from 18 feet to 22 feet. The 22-foot proposed road would move the center line of the road four feet to the west. On the west side of the road, several of the houses are only set back 25 feet fi:om the edge of the road. The 25 feet includes a bar ditch. It was noted at the same time that the road improvement is done, sanitary sewer and water line improvements are planned. Sanitary sewer will be made available to neighbors on the west side of the road. The city water line which goes fi:om a 6-inch line to a 4-inch line will also be addressed. Mr. Georgia commented on the Joint SPIN/City Council meeting which was held on September 10, 1998, commenting that Councilmembers Edmondson and Kendall were in attendance as well as Mayor Stacy, and that their attendance was appreciated. He stated the Planning and Zoning College is being prepared and will be held on November 12, 1998 at 7:00 p.m. in the City Council Chambers of City Hall. The college will inform those in attendance of the steps in a development process. Agenda Item #4-D, Parks and Recreation Board Report Kevin Hugman, Interim Director of Parks and Recreation, made the presentation for Sherry Berman, Park Board member who was not able to attend. He commented on the Park Board meeting which was held on September 14, 1998. He stated the board recommended the name for Bicentennial Loop Drive, be "Bicentennial Drive." This name is scheduled to go before the City Council at their next meeting. They also will present an amended donation policy at that time. He stated they discussed the operation and staffing of the tennis center. There was a discussion about capital improvements and prioritization of those improvements in a five-year plan. They will meet with SPDC in two weeks to discuss the five-year term. They are planning for a Park Board orientation in October and will also be working on the implementation of the Trail System Master Plan. Agenda Item #5, Consent Agenda Mayor Stacy stated this is the time of the evening when Council votes on several items at the same time. He informed citizens present of the procedure Council follows in voting on the "consent agenda" and asked if anyone had any comments or opposition to express regarding any items listed in this section of the agenda. Mayor Stacy read the consent agenda items into the record: 5-A. Approval of the Minutes of the Regular City Council meeting held on September 1, 1998. Regular City Council Meeting Minutes of September 15, 1998 Page 5 of 26 ~ 5-B. Resolution No. 98-64, Authorizing the City to enter into a grant agreement with the Texas Forest Service for the establishment of a tree farm. 5-1. 7-0. Authorize the Mayor to enter into an interlocal agreement with the City of Grapevine for sanitary sewer services. Authorize the Mayor to enter into a cooperative purchasing agreement with Denton County. ZA 98-092, Plat Revision for the proposed Lots 4R21 through 4R2R3, and Lots 4R3R1 through 4R3R5, Block 6, Southfidge Lakes, Phase C-1. Ordinance No. 713, 1st reading, Granting a franchise to Millennium Telecom, L.L.C. for the provision of telephone service within the City. Ordinance No. 717, 1st reading, Amending Chapter 18, Article III, Section 18-79, of the Southlake City Code, designating the speed limit as 25 miles per hour for certain streets. Ordinance No. 715, 1st reading, Granting a license to American Communications Services of Texas, Inc., for the installation of telecommunications equipment with'm certain portions of city right-of-ways. ZA 97-096, Variance to the Subdivision Ordinance No. 483-G, Section 4.01(1)2 (Plat Expiration), Extending the Validity of Case No. ZA 97-096, Plat Revision, Lot 1R1 and 1R2, W.W. Hall No. 695 Addition. ZA 97-119, Variance to the Subdivision Ordinance No. 483-G, Section 4.01(1)2 (Plat Expiration), Extending the Validity of Case No. ZA 97-119, Final Plat of Lot 1, Block 1, and Lot 1, Block 2, Carroll I.S.D. No. 2. Off consent agenda. Change Order #1 to the contract with Aetna US Healthcare for employee medical insurance. Resolution No. 98-65, Authorizing the use of City funds for the purpose of contributing to retiree medical insurance. ZA 98-058, Site Plan for French Square Office Complex. Tabling to October 6, 1998, City Council meeting. ZA 98-083, Plat Showing of Lots 12, 13 and 14, O.W. Knight No. 899 Addition. Tabling to October 6, 1998, City Council meeting. Regular City Council Meeting Minutes of September 15, 1998 Page 6 of 26 10-A. Authorization to advertise for bids for the signalization of the intersection of F.M. 1709 and Commerce Street. Motion was made to approve consent agenda items #5-A, #5-B, #5-C, #5-D, #5-E, with approval subject to the Plat Review Summary Letter No. 1, dated August 28, 1998, as amended per the recommendations of the Planning and Zoning Commission; approved items #5-F, #5-G, #5-H, #5-1, #5-J, #5-L, #5-M, expanding Section 2 of the resolution to read, "the City of Southlake hereby agrees to contribute $125 per month toward the premium of retiree medical insurance or a total of $225 per month for employee, spouse or family coverage;" item #7-F, tabling the case and continuing the public hearing on October 6, 1998; #7-G, tabling the item until October 6, 1998; and gl0-A, authorizing the staff to advertise for bid for the signalization of the intersection of F.M. 1709 and Commerce Street. Motion: Martin Second: Evans Ayes: Martin, Evans, Edmondson, Kendall, Moffat, Stacy Nays: None Approved: 6-0 vote ADDITIONAL INFORMATION REGARDING CONSENT AGENDA ITEMS 5-A. Minutes of the Regular City Council Meeting hem on September 1, 1998. The Minutes were approved as presented. Resolution No. 98-64, Authorizing the City to enter into a grant agreement with the Texas Forest Service for the establishment of a tree farm. Dick Johnston led efforts last year to establish a tree farm, with the hope of establishing one each year for a five-year period. Recently he applied for and was awarded a grant from the Texas Forest Service for their Urban Forestry Public Outreach Grant Program. The amount of the grant is $4,200 and is a 50% matching, reimbursable grant. The project estimated in-kind services of volunteer labor and clerical work to be $4,200, and supplies, materials, and equipment to total $4,200. In-kind volunteer labor is a qualified expense that can be applied to the match a portion of the grant. Authorize the Mayor to enter into an Interlocal Agreement with the City of Grapevine for Sanitary Sewer Services. Sanitary sewer service has been installed in the Raintree/Shady Lane vicinity. To avoid construction of two additional lift stations, it has been proposed to connect a portion of the residences adjacent to the Southlake/Grapevine city limits to the City of Grapevine's sanitary sewer system. The interlocal agreement will facilitate this connection. Under the proposed agreement, Grapevine agrees not to charge 1.5 times their rates for providing sewer service to 40 single-family residences in the Raintree vicinity. In turn, Southlake will provide sewer service in the future to 40 single-family residences in Grapevine on the east side of Lonesome Dove. The rates for service will be established year by year by each City Council for residences in their respective jurisdictions. Regular City Council Meeting Minutes of September 15, 1998 Page 7 of 26 Authorize the Mayor to enter into a Cooperative Purchasing Agreement with Denton County. Denton County has presented the City of Southlake with a Cooperative Purchasing Agreement that would allow the City to use the County's purchasing contracts. This intergovernmental agreement gives the City the opportunity to benefit from large volume purchase pricing, thereby saving tax dollars on products and commodities. The Denton County Purchasing Department awards purchasing contracts to vendors based on criteria set forth in state law, satisfying the City's requirement under the law in that process. There is not a membership fee or cost associated with this agreement. ZA 98-092, Plat Revision on the proposed Lots 4R2R1 through 4R2R3, and Lots 4R3R1 through 4R3RS, Block 6, Southridge Lakes, Phase C-1. Current zoning is "C-3" General Commercial District. Owner and Applicant: Four Peaks Development, Inc. Approval was subject to the Plat Review Summary No. 1, dated August 28, 1998, as amended per the recommendations of the Planning and Zoning Commission. Ordinance No. 713, 1st reading, Granting a franchise of Millennium Telcom, L.L. C. for the provision of telephone service within the City. Millennium Telcom, L.L.C. has approached the City to obtain a franchise agreemem for providing telephone and cable service within the City of Southlake. The item on the current agenda is the telephone portion of their request. The cable agreement will be brought forward in the near future. Millennium is a corporation formed in April of this year, headquartered in Denton, Texas. It was formed to provide voice, video and data to subscribers in various portions of Tarrant, Denton, and Parker counties. The corporation is partially owned by Value Choice, Inc., a wholly owned subsidiary of Th-County Electric Cooperative. A copy of the memorandum from Shana Yelverton, Assistant City Manager, dated September 11, 1998, is hereby attached to the minutes of the meeting. Ordinance No. 717, !st reading, Amending Chapter 18, Article III Section 18-79 of the Southlake City Code, designating the speed limit as 25 miles per hour for certain streets. The neighbors along Lake Drive have requested that the reconstruction of their street be completed with a pavement width of 18' rather than the standard 22' cross section. Staff is recommending that the speed limit be reduced from 30 miles per hour to 25 miles per hour along Lake Drive since the narrow roadway may cause safety hazards at faster speeds of travel. It has been recommended that the City go back to the 25 miles per hour speed limit for the streets in the Timber Lake, Southridge Lakes, and Coventry Manor subdivisions approved by the City Council on September 1, 1998. This will allow the City to post the appropriate signage on those streets with a reduced speed limit. Ordinance No. 715, 1st reading, Granting a license to American Communications Services of Texas, for the installation of telecommunications equipment within certain portions of city right-of-ways. American Communications Services of Regular City Council Meeting Minutes of September 15, 1998 Page 8 of 26 5-I. Texas, Inc. (ACSI) has requested this license to construct a telecommunications network within the City of Southlake's right-of-ways. ACSI is an integrated communications provider licensed and doing business in the state of Texas. ACSI of Texas, Inc., is the local operating subsidiary of Spire Communications, Inc., a Maryland based company providing integrated communication services throughout the United Stated. They are only intending to use Southlake's right- of-way along Kimball Avenue, between F.M. 1709 and S.H. 114. This agreement will allow their use of the right-of-way under certain conditions, as long as they do not mm up service within our city limits. At that point, they will need to negotiate a franchise agreement with the city. It is standard to charge $1 per linear foot as rental for use of the right-of-way in instances where the provider offers no services within the jurisdiction. This agreement proposes this fee for the 1,025 linear feet covered from S.H. 114 south right-of-way to F.M. 1709 north right-of-way along Kimball Avenue. The term of the agreement has been reduced fi'om five years to three years, since the agreement does not propose escalation of the fee during the term. Variance to the Subdivision Ordinance No. 483-G, Section 4.01(1)2 (Plat Expiration), Extending the validity of Case No. ZA 97-096, Plat Revision, Lot 1R1 and 1R2, YK. ~ Hall No. 695 Addition. On August 19, 1997 the City Council approved this plat. This plat has not yet been filed in the County Plat Records, and expired on August 20, 1998. The consultants, J.E. Levitt Engineers, acting on behalf of the owners, Crestwood Park Joint Venture, has requested that the validity of this plat be extended 30 days from the date of City Council's action upon this request. Variance to the Subdivision Ordinance No. 483-G, Section 4.01(12)2, (Plat Expiration), Extending the validity of Case No. ZA 97-119, Final Plat, Lot 1, Block 1, and Lot 1, Block 2, Carroll I.S.D. No. 2 On September 4, 1997 the Planning and Zoning Commission approved the above referenced plat. This plat has not yet been filed in the County Plat Records and expired on September 5, 1998. The purpose of the delay in filing the plat was to await final as-built surveys to insure adequacy of easements. This plat is now ready to be filed in the County Plat Records and it is requested that the validity of this plat be extended 30 days from the date of City Council's action upon this request. Change Order #1 to the contract with Aetna US Healthcare for Employee Medical Insurance. During the September 8, 1998, City Council meeting, the Council approved Option #I which would change the HMO hospital copay from $100 per day to $250 per day, ($250/15/50 plan), and change the PPO coinsurance level from 80/70 to 80/60. All other HMO and PPO benefits would remain the same. Additionally, this option would increase the City's contribution for dependent coverage from $65 per month to $100. The original bid from Aetna would have increased the HMO "employee only" rate 21.21%, and the PPO "employee only" rate 19.89%. With these changes, HMO "employee" only rate increases only 8.7% and the PPO "employee only" rate increases 15.88%. Regular City Council Meeting Minutes of September 15, 1998 Page 9 of 26 Resolution No. 98-65, Authorizing the use of City funds for the purpose of contributing to retiree medical insurance. Aetna has provided the City with HMO and PPO retiree insurance options, however, Aetna requires the City to contribute some portion to this coverage. The retiree rates are the same as the rates provided for current employees, including the ability to also cover dependents. Resolution No. 98-65, was amended to indicate that the City of Southlake agrees to contribute $125 per month towards the premiums for retiree medical insurance, and $225 per month towards the premiums for retiree and dependent medical insurance. ZA 98-058, Site Plan for French Square Office Complex, on property legally described as Tract 5E situated in the Obediah YK. Knight Survey, Abstract No. 899, and being approximately 6.1441 acres. This item was tabled at the request of the applicant, time certain October 6, 1998, City Council meeting, continuing the public hearing at that time. 7-0. ZA 98-083, Plat Showing for Lots, 12, 13, and 14, O. [K. Knight No. 899 Addition, on property legally described as Tract 5E situated in the Obediah W. Knight Survey, Abstract No. 899, and being approximately 6.1441 acres. This item was tabled at the request of the applicant, time certain October 6, 1998. 10-A. Authorization to advertise for bids for the signalization of the intersection ofF. M. 1709 and Commerce Street. Lee Engineering has conducted a warrant study that has shown that a signal is warranted at F.M. 1709 and Commerce Street. The CIP budget provides $100,000 for the signalization of this intersection. Agenda Item #5-K~ Authorize the mayor to enter into a Professional Services Agreement with Belcheff & Associates for engineering and design of North White Chapel Boulevard, from the County Line to Lake Grapevine. The construction plans for North White Chapel Boulevard, from Dove to the County Line, has previously been designed and Tarrant County is currently reconstructing the aforementioned section no North White Chapel Boulevard. The design and development of construction plans for the remainder of North White Chapel, from the County Line to Lake Grapevine, is included in the scope of this professional services agreement. The City Manager Curtis Hawk commented on several issues. The discussion revolved around how the City goes about the process of selecting the professional firms that do engineering design services for the City. There was a question about Bob Jones Park and how that project was connected to North White Chapel Boulevard. Councilmember Ronnie Kendall stated the SPIN Representative that represents that area said residents are very concerned about the roadway and that the roadway will not be finished before the park is completed. She stated she does not have a problem with Regular City Council Meeting Minutes of September 15, 1998 Page 10 of 26 Belcheff& Associates; she would like for staffto go out and receive more proposals and ask for an accelerated schedule due to this issue. Motion was made to instruct staff to seek proposals for the engineering and design of North White Chapel Boulevard from the County Line to Lake Grapevine, with an accelerated schedule. Motion: Kendall Second: Edmondson Ayes: Kendall, Edmondson, Evans, Moffat, Martin, Stacy Nays; None Approved: 6-0 vote Agenda Item #6, Public Forum Mayor Stacy announced that this item is placed on the agenda to give anyone in the audience an opportunity to address Council about anything that is not on the current meeting agenda and asked if anyone in the audience would like to speak. He also stated if anyone was present to speak concerning an item on the agenda, to wait until the item was considered. No comments were made during the public forum by the audience. Agenda Item #7-A, Ordinance No. 708, 2na reading~ Tax Levy Ordinance Curtis Hawk, City Manager, stated the City Council approved the first reading of Ordinance No. 708 at the September 1, 1998, City Council meeting. This ordinance will adopt the $.422 tax rate per $100 of assessed valuation included in the FY 1998-99 budget, as submitted. The tax rate of $.422 includes $.11437 for debt service and $.30763 for support of General Fund operations. As indicated by Lou Ann Heath, Director of Finance, the city will notify Tarrant County, the City's tax collector, about the adoption of tax rate. The City is required to send the City's tax rate information to Tarrant County by September 18 in order for them to generate tax statements after October 1, 1998. PUBLIC HEARING: No comments were received during the public hearing. nd Motion was made to approve the 2 reading of Ordinance No. 708 as presented. Motion: Martin Second: Evans Councilmember Martin stated it is difficult to approve the budget without raising taxes. This Council and previous Councils have worked very diligently with staff to do the best they can for the City with the money that we have. He stated he is proud to say that in the three years he has been on the Council the taxes have not been increased and that Council has continued to encourage economic development in the appropriate locations so that the City can continue to reap the benefits from their property and sales tax. If people will shop Southlake for their needs, we will have even more money to spend on the community. Regular City Council Meeting Minutes of September 15, 1998 Page 11 of 26 Ayes: Martin, Evans, Kendall, Moffat, Edmondson, Stacy Nays: None Approved: 7-0 vote Agenda Item #7-B, Ordinance No. 709~ 2nd reading, FY 1998-99 Annual Budget Curtis Hawk, City Manger, stated this is the second public heating per the Charter requirement. The city is required to hold two public heatings on the budget, which have traditionally tracked the first and second reading of the ordinance adopting the budget. The first public heating was held at September 1, 1998 City Council meeting. The public hearings also includes the Crime Control and Prevention District budget. The District's budget policy requires the city to publish notice of the Council's public hearing on the District budget. The City Manager stated, "The budget reflects the adjustments identified and discussed at the September 8 work session which includes reductions in the General Fund (personnel), Operations and Maintenance (tuition, travel, telephones) and Capital Outlay (computer equipment)." Lou Ann Heath, Director of Finance, outlined the adjustments that were discussed at the September 8 City Council work session: In the General Fund, the Assistant City Secretary position has been re-classified to an Office Assistant resulting in a reduction of $19,847. The Purchasing Manager is removed resulting in a reduction of = $38,149. All other proposed positions remain as originally presented. Total reductions in Personnel are $57,996. In Operations and Maintenance, the following items are reduced: tuition-S12,570; college tuition reimbursement- $2,500; travel ~ $18,112; office supplies- $2,000; library services- $100,000; lease computer- $34,234; and utilities-telephone $32,140. The total number of existing mobile phones is reduced from 92 to 61. Total reductions in Operations and Maintenance are $201,556. In Capital Outlay, the following items are reduced: office equipment and furniture- $2,900; computer equipment- $330,900; communications equipment- $155; and computer software- $8,400. Total reductions in Capital Outlay are $342,355. The total of all reductions in the General Fund is $601,907. The lease proceeds amount is reduced by $310,400 due to a similar reduction in computer equipment to be purchased. This increases the ending fund balance to $3,024,227, or 19.24% of expenditures. In the General Fund, there is $450,000 shown as a transfer out (to the General Obligation Debt Service Fund) and a transfer in (from SPDC Capital Projects Fund) to liquidate the outstand'mg notes payable on properties at Bob Jones Park. This has no effect on the Regular City Council Meeting Minutes of September 15, 1998 Page 12 of 26 General Fund ending fund balance, however, the General Obligation Debt Service Fund expenditures will increase $450,000 to reflect the additional principal and interest payments. The Council requested a review of wastewater revenues in the Utility Fund for FY 1998-99. As a result, wastewater revenues are increased fi.om $900,000 to $975,000. In the FY 1997-98 Revised Budget for the Special Revenue-Park Dedication Fund, $200,082 has been added to the budget for land, adjusting the mount for the recently acquired Meyers property. In summary, budget information also incorporates a Capital Projects Budget for the FY 1998-99 year, plus anticipated Capital Projects through 2003. The Capital Projects are major water, sewer, street and drainage infi.astmcture items that are funded through a variety of sources, such as impact fees, operating fund transfers, developers fees, bonds, and certificate of obligation proceeds. Councilmember Debra Edmondson commented, "We need to watch where every penny goes and spend wisely." She stated she has a level of concern about the money the City has given to Sister Cities and how they spend the money. She stated she hesitates to give them more money until we know what they are doing with it. Ms. Edmondson noted two facts: 1) she is uncomfortable with continuing the funding until we get more facts; 2) it is important that we have a clear solid commitment that Southlake will remain the headquarters for Sister Cities of Texas. Curtis Hawk, City Manager, stated we need to get a new contract before any funds are spent. Councilmember Debra Edmondson, also stated she feels we should reduce the funding we are giving to the Southlake Chamber of Commerce, stating, "They are a stand alone organization." She suggested Council reduce the funding to the Chamber to $10,000. Mayor Pro Tem W. Ralph Evans commented that the Chamber of Commerce furnishes city maps and brochures to whoever needs them. He suggested Council leave the funding where it is and have the Chamber tell Council how much it costs to provide this service. He added, "We should not discontinue what we have given them." Councilmember Wayne Moffat, added, "It is because the Chamber of Commerce does not support the City as he feels they should." Curtis Hawk, City Manager, stated these items will be brought back to Council before they are given any more money. Councilmember Edmondson stated she wants to see justification. PUBLIC HEARING: No comments were made during the public hearing. Regular City Council Meeting Minutes of September 15, 1998 Page 13 of 26 Motion was made to approve the Annual Budget for FY 1998-99, including the Annual Budget for the Southlake Crime Control and Prevention District. Motion: Kendall Second: Martin Ayes: Kendall, Martin, Evans, Moffat, Edmondson, Stacy Nays: Nays Approved: 6-0 vote Mayor Stacy thanked everyone who worked on the budget, noting a lot of man and woman hours have gone into approving the document. Curtis Hawk, City Manager, thanked the Council for their time and energy spent on this Annual Operating Budget for FY 1998-99. Councilmember W. Ralph Evans left the meeting at 8:00 p.m. Agenda Item #7-C~ Ordinance No. 710, 2na reading, An ordinance vacating and abandoning Bluebonnet Drive in the City of Southlake. Bob Whitehead, Director of Public Works, stated Ordinance No. 710 provides for the abandonment of Bluebonnet Drive in its entirety. The developer for the Kimball/1709 Addition has petitioned for abandonment of the right-of-way, met all the requirements, and paid all of the application fees. Based upon Council's discussion at the 1st reading, staff has cona'acted with an appraiser to establish a value for the Bluebonnet right-of- way. The valuation should be completed in one week. Given that the issue might become more t~equent, staff has contacted other government entities and will propose a policy on the disposition of excess right-of-way. Curtis Hawk, City Manager, stated, "The way the ordinance is worded, the property owner would take possession of the property upon compensating the city the fair market value." He stated there are several methods that can be used to determine the value of the Bluebonnet fight-of-way. One method is to use the Tarrant Appraisal District values of the properties surrounding the roadway. The surrounding properties are valued by TAD such that the roadway would have a value of $92,882 at 100% value. The adjoining property owners have the underlying fee simple ownership, while the City has the exclusive right to the use of the surface of the roadway, thus the factor that will determine the City's value will be the percentage of the total TAD value that you wish to use. Dick LaBlanc, 8235 Douglas, Dallas, Texas. Mr. LaBlanc stated he does not have a problem with the $92,882 value if that is what TAD shows. They would be willing to go within the ranges as discussed. PUBLIC HEARING: No comments were made during the public heating. Motion was made to approve Ordinance No. 710, 2nd reading, inserting 70% of the value established by the Tarrant Appraisal District. Motion: Moffat Regular City Council Meeting Minutes of September 15, 1998 Page 14 of 26 Second: Martin Councilmember Debra Edmondson stated she is going to vote against this issue, as she is opposed to this entire project, however, she stated she thinks it is right that the City extract what they are going to extract. Council adjourned to recess at 8:15 p.m. Council returned to open session at 8:25 p.m. The motion and second motion were withdrawn by Moffat and Martin. This item will be continued at a later time during this meeting. Agenda Item #7-D, Ordinance No. 711, 2aa reading, Abandoning portions of South Kimball Avenue between Crooked Lane and the existing portion of South Kimball Avenue in Heritage Industrial Park. Bob Whitehead, Director of Public Works, stated Ordinance No. 711 provides for the abandonment of portions of South Kimball Avenue to allow for the proposed new alignment. This new alignment is for the extension of South Kimball through the Green Meadow area to the existing portion of South Kimball Avenue in Heritage Industrial Park. The easements for the new fight-of-way are being completed and the developer, Genesis Capital, has agreed to the dedication. The developer hopes to have the Continental Boulevard portion and the southernmost South Kimball Avenue portion constructed by the end of the year. This right-of-way will also be utilized for the extension of water lines to create a looped system for that portion of the city. Mr. Whitehead stated, "The value that we are getting for the exchange of property, the City is getting more right-of-way than we are giving away." He added, this change meets the alignment of the Thoroughfare Plan. PUBLIC HEARING: No comments were made during the public hearing. Motionwas made to approve Ordinance No. 711, second reading. Motion: Moffat Second: Martin Ayes: Moffat, Martin, Edmondson, Kendall, Stacy Nays: None Approved: 5-0 vote Agenda Item #7-E, Ordinance No. 712, 2~a reading, Street name change for Old South Carroll Avenue to Breeze Way. Bob Whitehead, Director of Public Works, stated Bret and Valefie Boren of 1000 South Carroll Avenue are requesting the street name of Old South Carroll Avenue be changed to Breeze Way. This is the southernmost section of South Carroll Avenue that will remain once the proposed new portion of Southlake Carroll Avenue is constructed. Mr. Regular City Council Meeting Minutes of September 15, 1998 Page 15 of 26 and Mrs. Boren are currently the only residents along the referenced portion of South Carroll Avenue. To the north of their property is Carroll Baptist Church, which will maintain its current South Carroll Avenue address. PUBLIC HEARING: No comments were made during the public hearing. Motion was made to approve Ordinance No. 712, 2nd reading. Motion: Martin Second: Edmondson Ayes: Martin, Edmondson, Kendall, Moffat, Stacy Nays: None Approved: 5-0 vote Agenda Item #7-H, Ordinance No. 480-286, 2nd reading (ZA 98-073). Ordinance No. 480-286, 2na reading (ZA 98-073), Rezoning for Shelton Wood, on property legally described as Tracts lA and 1C1A situated in the Joel W. Chivers Survey, Abstract No. 350, and Tract 2B1 situated in the James L. Chivers Survey, Abstract No. 348, and being approximately 24.225 acres. Current zoning is "AG" Agricultural District, with a requested zoning of "SF-1A" Single Family Residential District. Applicant: Four Peaks Development, Inc. Owners: Charles and Elaine Bell and John Shelton. Karen Gandy, Zoning Administrator, stated that twenty-seven (27) notices were sent to property owners within the 200' notification area and two (2) written responses have been received from: Gaylon Bailey, 465 East Dove Road, $outhlake, in favor; and, John Shelton, 570 East Dove Road, Southlake, Texas, in favor. On August 4, 1998, Council tabled this item at the request of the applicant, continuing the public hearing to this date. Ms. Gandy noted the change of zoning to the "SF-1A" Single Family Residential District does not require a Concept Plan Review by staff. David McMahan, 1335 Hidden Glen, Southlake, Mr. McMahan stated he is representing Four Peaks Development, Inc. Mr. McMahan explained that this is zoning only. He stated he would like to go forward with zoning at this time, addressing drainage issues with the preliminary plat. PUBLIC HEARING: No comments were received during the public hearing. Motion was made to approve Ordinance No. 480-286, 2na reading. Motion: Kendall Second: Martin Ayes: Kendall, Martin, Edmondson, Moffat, Stacy Nays: None Approved: 5-0 vote Regular City Council Meeting Minutes of September 15, 1998 Page 16 of 26 Agenda Item #7-1, ZA 98-074, Preliminary Plat for Shelton Wood ZA 98-074, Preliminary Plat for SheltonWood, on property legally described as Tracts lA and 1C1A situated in the Joel W. Chivers Survey, Abstract No. 350, and Tract 2B1 situated in the James L. Chivers Survey, Abstract No. 348, and being approximately 24.225 acres. Current zoning is "AG" Agricultural District. Applicant: Four Peaks Development, Inc. Owners: Charles and Elaine Bell, and John Shelton. Karen Gandy, Zoning Administrator, stated twenty-seven (27) notices were sent to property owners within the 200' notification area and two (2) written responses have been received from: Colleen Hess, 671 East Dove Road, Southake, Texas, in favor; and, John M. Shelton, 570 East Dove Road, Southlake, Texas, in favor. This item was tabled by the City Council on August 4, 1998 and September 1, 1998, at the request of the applicant. The applicant has met all requirements in the Revised Plat Review Summary No. 1, dated July 20, 1998, with the exception of those listed in the Plat Review Summary No. 2, dated July 31, 1998. Councilmember Scott Martin asked the applicant if they have had an opporttmity to review the HEC II study. David McMahan, 1335 Hidden Glen, $outhlake, Texas. Mr. McMahan stated he has reviewed the comments in the Revised Plat Review Summary No. 2, dated July 31, 1998, and agrees with the comments, however, would like one exception. They are requesting to have a gated community. He asked Council to approval this Preliminary Plat with the HEC 1I study being presented prior to the approval of the final plat. Bob Whitehead, Director of Public Works, stated staff should be able to review the drainage study before the final plat approval and that this is not unusual. Mayor Stacy asked Mr. Whitehead if he has a problem with Council going forward with this, and he replied "no." Councilmember Edmondson asked the applicant to explain the route the water will be carried throughout the development. Mr. McMahan explained the route the water will flow, stating, they will save as many trees as possible in laying out the roadway. He added, "the pipes are underground." Councilmember Edmondson stated she feels as far as the trees in the bottom of the creek are concerned, there is a difference of opinion between McMahan and the Landscape Administrator. She stated she appreciates the fact that he is rtmning a new creek through an area that does not have a lot of tree cover. She commented that they have had discussions about putting out signs in English and Spanish hitting the high points on the Tree Ordinance, since there are ongoing problems with subcontractors not being aware of the Tree Ordinance. She asked McMahan if he would put up signs in the subdivision at the entrance, and different areas in the addition. She asked him if he would work with Greg Last, Regular City Council Meeting Minutes of September 15, 1998 Page 17 of 26 Director of Community Development, on the signs. She stated she is not talking about something huge, they can be small signs (real-estate type signs). She asked him if he would be willing to do something like this. McMahan stated he would be willling to work on this. Councilmember Edmondson commented on the request for a "gated community." She said, "I am adamantly opposed to gated communities and have said that on more than one occasion. I find them to be offensive and elitist, however, in this particular case there may be some issues here that I may support as a one time scenario." David McMahan explained to Council why they think they need this attribute to this development. McMahan stated it is not their intentions to be elitist, but in order to miatigate some of the concept and thought, they have no problem seeing that the gates are left open during the daylight hours. They need to be able to close the gate at night as a marketing tactic so they can pay for the drainage system that went from $8,000 per lot, to $40,000 per lot, to resolve the major problem this property (and the city) has with the drainage. McMahan said, "We are trying to pay for the drainage system and preserve as much character and integrity of the property while developing it as opposed to cutting a large area, and because it is a single entrance." In reading through the ordinance on private streets and gated communities, the addition being gated does not interfere with anything. Mayor Stacy stated he realizes there are some really high profile people moving to Southlake and this is one of the things they require. McMahan stated the "gate" is the killer for the developers developing this property. Mayor Pro Tem Ralph Evans returned to the meeting at 9:00 p.m. Kenneth Horne, Ashmore Court, $outhlake. Mr. Home stated this is Southlake and "not" south Dallas. We do not need to gate ourselves in here in Southlake. Mayor Pro Tem Ralph Evans stated he can see that McMahan has some different problems here, and he did vote for the first gated community, and said that it would be his last vote for a gated community. He stated he feels a person can gate their own property, and that is okay, but to have a gated community, he really has a problem with this. Councilmember Ronnie Kendall had questions about the involvement the developer would have when the development is completed. She stated the homeowners can set the hours they want to open the gate, once they move in. McMahan stated he would write the hours into the development covenants. Motion was made to approve the Preliminary Plat for SheltonWood, subject to the Plat Review Summary No. 2, dated July 31, 1998; incorporating the actions of the Planning and Zoning Commission in their entirety at the July 23, 1998 meeting; subject to the development not being gated; subject to the underground drainage along the creek via Regular City Council Meeting Minutes of September 15, 1998 Page 18 of 26 Bellwood Court and Sheltonwood Court, and incorporating the associated drainage easements between Lots 8-9 and 9-10, Block l; and subject to the placement of bilingual signs throughout the site, noting the key points o£ the tree preservation ordinance. Motion: Martin Second: Evans Ayes: Martin, Evans, Moffat, Stacy Nays: Kendall, Edmondson Approved: 4-2 vote Agenda Item #7-C, Ordinance No. 710, 2nd reading, continued Ordinance No. 710, 2na reading, an ordinance vacating and abandoning Bluebonnet Drive in the City of Southlake. This item is being continued from page J~ of the minutes of this meeting. ~6c Motion was made to approve Ordinance No. 710, 2nd reading, and accepting 70% of the $92,882 TAD valuation. Motion: Mo ffat Second: Martin Ayes: Moffat, Martin, Eavns, Stacy Nays: Edmondson, Kendall Approved: 4-2 vote Agenda Item #7-J, Ordinance No. 480-288, 2nd reading, Park Place Pet Hospital Ordinance No. 480-288, 2na reading, (ZA 98-062), Rezoning and Site Plan for Park Place Pet Hospital, on property legally described as Lot 1R2, Block A, Commerce Business Park, an addition to the City of Southlake, Tarrant County, Texas, according to the plat recorded in Cabinet A, Slide 2552, Plat Records, Tarrant County, Texas, and being approximately 0.78 acres. Current zoning is "I-1" Light Industrial District. Requested zoning is "C-2" Local Retail Commercial District. Owner and Applicant: Park Place Pet Hospital. Karen Gandy, Zoning Administrator, commented that seven (7) notices were sent to property owners within the 200' notification area and three (3) written responses have been received: H.K. Marvin, 3105 West Arkansas Lane, Suite Bi, Arlington, Texas, in favor; Stephen P. Anderson, 2915 East Southlake Boulevard, Suite 100, Southlake, Texas, opposed, "I am strongly opposed to any cross-access easement for various reasons." Sandra Lee Armstrong, 2915 East Southlake Boulevard, Suite 200, Southlake, Texas, opposed, "In my opinion, an easement being placed through my parking area puts my patients and myself at great risk for injury from motorists who commonly do not proceed through parking lots cautiously." Ms. Gandy noted on September 1, 1998, the City Council approved the first reading of the ordinance, subject to the Site Plan Review Summary No 4, dated August 28, 1998, accepting Items la, and lb (existing driveway on F.M. 1709) as shown and on Item #lc, Regular City Council Meeting Minutes of September 15, 1998 Page 19 of 26 allowing applicant to acquire cross access on the south and west in order to access Commeme Street at a future date. The applicant has met all requirements in the Site Plat Review Summary No. 3, dated August 14, 1998, with the exception of those listed in Site Plan Review Summary No. 4, dated August 28, 1998. Dr. Tom Holbrook, Park Place Pet Hospital, 2100 West Northwest Highway, Suite 207, Grapevine, Texas. Dr. Holbrook was present for the meeting and stated he is proposing moving his Pet Hospital to Southlake, PUBLIC HEARING: No comments were made during the public hearing. Motion was made to approve Ordinance No. 480-288, 2nd reading, motion. Motion: Martin Second: Edmondson Ayes: Martin, Edmondson, Evans, Kendall, Moffat, Stacy Nays: None Approved: 6-0 vote per the previous Agenda Item #7-K, Ordinance No. 480-289, 2na reading (ZA 98-088) Ordinance No. 480-289, 2nd reading (ZA 98-088), Rezoning on property legally described as Lot 2, Cash Acres Addition, an addition to the City of Southlake, Tarrant County Texas, according to the plat recorded in Volume 388-114, Page 612, Plat Records, Tarrant County, Texas, and Tract 3F situated in the Hiram Granberry Survey, Abstract No. 581, and being approximately 5.7295 acres. Current zoning is "AG" Agricultural District, with a requested zoning of "SF-1A" Single Family Residential District. Applicant: Brad Ban-ington. Owners: Aubrey L. Smith and Rosa Lee Smith and Virgil Cash. Karen Gandy, Zoning Administrator, stated sixteen (16) notices were sent to property owners within the 200' notification area and two (2) written responses have been received: Henry Kovarnik, 400 Pine Drive, Southlake, Texas, in favor; and, Jerry Pettengill, 175 East Southlake Boulevard, Southlake, Texas, undecided, "this property was sold to }Vhite Chapel Methodist Church." Brad Barrington, 319 Blanco Circle, Southlake, Texas. Mr. Barrington stated the people looking at this property are looking for a large estate type property. He noted there are five total lots. The two lots on South White Chapel Boulevard will remain. He explained to Council that they are only rezoning five of the total acreage. Ronnie Smith, South White Chapel Boulevard, Southlake. Mr. Smith offered an explanation for the separation of the lots. PUBLIC HEARING: Regular City Council Meeting Minutes of September 15, 1998 Page 20 of 26 Carolyn Morris, 403 St. Charles Court, Southlake. Ms. Morris stated she had questions about the metal structure on Pine Street and asked if the applicant was going to build another large structure of that type? Public hearing closed. Mr. Barrington explained his personal building located on Pine Street. Motion was made to approve Ordinance No.480-289, 2na reading, as presented. Motion: Martin Second: Moffat Ayes: Martin, Moffat, Edmondson, Evans, Kendall, Stacy Nays: None Approved: 6-0 vote Agenda Item #8-A, Ordinance No. 480-290, 1st reading (ZA 98-094), Gateway Plaza Ordinance No. 480-290, 1st reading (ZA 98-094), Rezoning and Concept Plan for Gateway Plaza on property legally described as Lots 1 through 14, Block E; Lots 20 through 22, Block E; Lot 31 and a portion of Lot 32, Block E; Lots 1 through 6, Block D; a public alley, and the following dedicated public rights-of-way; Austin Place, Oak Knolls Drive; Gatewood Lane and Nomross Road, all being a part of Oak Knolls Lakeview Addition, an addition to the City of Southlake, Tarrant County, Texas, according to the plat recorded in Volume 388-W, Page 51, Plat Records, Tarrant County, Texas; Lot 30R, Block E, Oak Knolls Lakeview Addition, an addition to the City of Southlake, Tarrant County, Texas, according to the plat recorded in Volume 388-183, Page 40, Plat Records, Tarrant County, Texas, Lots IA, lB, 2, 3A, 3B, 3B1, 4, 5A, and 5B, Block A, and a public alley, all being part of Oak Knolls Business Park, and addition to the City of Southlake; Tract 6B, W.E. Mayfield Subdivision, according to the plat recorded in Volume 388-C, Page 4, Plat Records, Tarrant County, Texas, and Tracts 3, 3B, 3C, 3E, 8 and 8B, situated in the Thomas Easter Survey, Abstract No. 474, and being approximately 42.21 acres. Current zoning is "AG" Agricultural District; "SF-1A" Single Family Residential District; and "O-1" Office District. Requested zoning is "S-P- 2" Generalized Site Plan District with "C-3" General Commercial District uses. Applicant: Lincoln Property Company. Owners: Southlake Properties, Inc; Shirley A. McCarty; John Michael Tate; Victor L. Leighton; Carlos E. Don-is; Thomas C. and Nancy C. Reilly; Cindy Jane Suski; James H. Saunders; Mary Louise Albano; Peter and Kristine Johnson; Eugene and Francis A. Bump; Mary Hutchison; Charles Wood; Dennis Carpenter; and Kevin Lawrence Marks. Karen Gandy, Zoning Administrator, stated that thirty-six (36) notices were sent to property owners within the 200' notification area and six (6) responses were received within the 200' notification area: Cecil Yates, Route 1, Box 283-1, Canton, Texas, undecided; Peter and Kristine Johnson, 2721 Oak Knoll Drive, Southlake, Texas, in favor; James H. Saunders, 2701 Oak Knoll Drive, Southlake, Texas, in favor; Eugene K Bumps, 121 Austin Place, Southlake, Texas, in favor; Thomas C. Reilly, 120 Austin Regular City Council Meeting Minutes of September 15, 1998 Page 21 of 26 Place, Southlake, Texas, in favor; Cindy ,lane Suski, 175 Gatewood Lane, Southlake, Texas, in favor. A petition was received frorn the residents of the Oak Knolls Lakeview Addition in favor of the rezoning. Terry Wilkinson, 930 Parkview, $outhlake, Texas. Mr. Wilkinson stated he entered into an agreement with Lincoln Properties Company, and owners of twenty-two pieces of property to make up the 42.21 acres. Mr. Wilkinson introduced the development team for the property. Mr. Wilkinson reviewed the Concept Plan Review Summary No. 2 dated September 11, 1998, with the City Council. Robert Dozier, Lincoln Property Company. Mr. Dozier introduced his company to the Council. He suggested Council look at some of their local projects such as Lincoln Square in Arlington, Lincoln Park across from North Park Mall in Dallas, Trinity Commons in Fort Worth, and the Tom Thumb Center at Preston and 544 in Plano. PUBLIC COMMENTS: Tom Reilly, 120 Austin Place, Southlake, Texas. Mr. Reilly stated eleven of the twelve property owners in the area being discussed are present tonight. They are all requesting approval of this project. He noted this neighborhood is thirty-five to forty years old. If they are going to sell their properties, they want to do it all together. They decided to work with Terry Wilkinson and Lincoln Property Company. He stated, he is asking on behalf of the neighborhood, that Council consider this proposal. Kenneth Horne, 1213 Ashmore Court, $outhlake, Texas. Mr. Home stated he has never seen a plan so outstanding as this plan. This is what Southlake is all about. Home commented, "Let them keep the gas station, this is what we want!" Carolyn Morris, 403 St. Charles Court, Southlake. Ms. Morris stated she is excited about this plan. She stated she feels it is great that this is a one unit plan. She has great concerns about the gas station. She asked the City Council to encourage the developers to propose a different use instead of a gas station in that location. She stated she would like to see a monument on that comer. She stated she likes the way they oriented the center on S.H. 114. Public comments closed. Mayor Stacy thanked Mr. Wilkinson for putting together this project noting, "We tend to get a much better product when it is all under one ownership." Mayor Stacy stated, "The City wants to own Lot E (69,798 s.f.) as the entrance to our City." Mr. Wilkinson stated he wants to think about this issue before he responds to the Mayor's comments. Regular City Council Meeting Minutes of September 15, 1998 Page 22 of 26 Councilmember Ronnie Kendall stated she wants to talk to the person who picked out the building materials. She stated the developer made the statement that they picked out a material that is very appropriate for the City of Southlake, and she stated, she disagrees with the material being suggested. She commented that she was very excited when she received the packet of information and saw all the pictures of beautiful brick buildings. The developer stated he does not see any mason they cannot mix the brick and stone. Mayor Stacy stated he is intrigued with the history of Southlake; the City can tie into this complex. Councilmember Ronnie Kendall stated she does not want the gas station or a convenience store in the front location (Lot E). This is a concem to her as well as is the building materials selected for the project. Councilmember Scott Martin stated he is proud this project is being brought forward. He stated he met with Terry Wilkinson on numerous occasions over the last several months, discussing this project and likes the quality of the project and having a long term owner. He stated he hopes the developers will drive through some of the major subdivisions to see the quality architecture of the homes, as that reflects the character of the people who have invested in Southlake. We want the gateway to our city as beautiful as our city and our parks. Councilmember Debra Edmondson stated she has an issue with the landscaping on projects in Southlake. She asked the developer, "When the landscaping dies, will you replace it?" Mr. Dozier stated they will maintain the landscaping. When landscaping dies, they will replace it. Councilmember Scott Martin commented on the importance of maintaining the existing trees. Motion was made to approve Ordinance No. 480-290, 1st reading, (ZA 98-094, rezoning and concept plan for Gateway Plaza; subject to the Concept Plan Review Summary No. 2, dated September 11, 1998; per the Planning and Zoning Commission recommendations of their September 3, 1998 meeting; subject to the following: evaluating city use for site "E'; on Item g4b, allowing the 300' street radius as shown on the proposed 70' R.O.W.; on Item g4c, work out with staff the west-bound deceleration lane right-of-way (require only if needed); on Item #6a, waiving the required bufferyards along common lot lines on Lots A1 and A2 and requiring area and plantings to be placed on the perimeter of the site; on Item #6b, waiving the required bufferyards along the northwest comer of the 70' road and overpass intersection and requiring that plantings be placed elsewhere on the site; on Item #7a, requiring Building No. 6 (along with Building Nos. 1 and 19) to be constructed allowing a minimum 30' setback along F.M. 1709 and S.H. 114 and prohibiting parking between the buildings and the rights-of-way; allowing a 10% variance on the number of required parking spaces to be evaluated at the time of site plan for all buildings, except the pad sites; and accepting the applicant's commitment Regular City Council Meeting Minutes of September 15, 1998 Page 23 of 26 to maintain open areas in a "semi-natural" state and to maintain the landscaping in a living state as long as the center exists. Motion: Moffat Second: Evans Councilmembers Kendall and Edmondson stated they are very concerned about the building materials. Ayes: Moffat, Evans, Kendall, Martin, Edmondson, Stacy Nays: None Approved: 6-0 vote Agenda Item #8-B, Resolution No. 98-63 (ZA 98-095), SUP for gasoline service station in Gateway Plaza Resolution No. 98-63 (ZA 98-095), Specific Use Permit for a gasoline service station with a convenience store and car wash per Zoning Ordinance No. 480, Section 45.1 (40) and (45.10), on property legally described as being Gateway Plaza. Motion was made to accept the withdraw of the applicant for Resolution No. 98-63. Motion: Matin Second: Edmondson Ayes: Martin, Edmondson, Kendall, Evans, Moffat, Stacy Nays: None Approved: 6-0 vote (to accept withdrawal) Council adjourned into recess at 11:25 p.m. Council returned to open session at 11:40 p.m. Mayor Pro Tem W. Ralph Evans left the meeting at this time. Agenda Item #10-B~ Sign Ordinance Appeal for PetsMart Billy Campbell, Director of Public Safety, presented the request for appeal from the Sign Ordinance, for the PetsMart store located at 200 Village Center Drive, Southlake. Campbell referenced a memorandum from Charles Bloomberg, plans examiner, who stated, PetsMart wishes to place a horse logo above the words "State Line Tack" on their building. The application was filed prior to the adoption of Ordinance No. 704, and therefore believe that this application falls under the guidelines of Ordinance No. 506 and its provisions. The horse logo does not comply with either Ordinance No. 506 or Ordinance No. 704; this item is being forwarded to Council for approval. Jim Hagle, Chandler Signs, 3201 Manor Way, Dallas, Texas. Mr. Hagle stated the horse will be luminous construction with a red Plexiglass face. The figure is 5' tall and contains 36 square feet in area. Regular City Council Meeting Minutes of September 15, 1998 Page 24 of 26 Aubra Palmer, District Manager of PetsMart and Keith Hix, the store director were present to answer questions of Council. Motion was made to approve the variance to the sign ordinance adding a horse on the sign. Motion: Moffat Second: Martin Ayes: Moffat, Martin, Edmondson, Kendall, Stacy Nays: None Approved: 5-0 vote Agenda Item #11-A~ Discussion; Policy for Speed Humps and Other Neighborhood Calming Devices Curtis Hawk, City Manager, stated this item is a carry-over from the September 1, 1998, City Council meeting whereby Couneilmember Ronnie Kendall asked for this item to be placed on the agenda. She requested that Council look at various "traffic calming practices" utilized by cities in the United States. The policy that Council adopted at a previous Council meeting provides a formal process for citizens to recommend stop signs, slower speed limits, etc. Lately, the city has received more inquiries about the use of speed humps. This item will be discussed at a work session to be held on October 13, 1998, beginning at 6:00 p.m. This would give staffthe time needed to complete thorough research which will be critical, given the potential ramifications of installing speed humps. Additional information was provided by Director of Public Safety, Billy Campbell. Campbell stated he will contact the residents in Coventry Manor Addition, and that Council has responsed to their request and will be bringing this issue forward on October 13, 1998. Agenda Item #II-B, Discussion: Proposed Ordinance No. 716, Establishing a Library Board Curtis Hawk, City Manager, stated Ordinance No. 716, will be brought forward for first reading at the October 6, 1998, City Council meeting. Hawk noted the City Secretary has begun accepting applications for places on the Library Board. Agenda Item #12, Adjournment Mayor Rick Stacy adjourned the meeting at approximately 12:45 a.m. Regular City Council Meeting Minutes of September 15, 1998 Page 25 of 26 ATTEST: Sandra L. LeGrand City Secretary M:\WP-FILESkM1NUTES\¢e-min-9-15 -98.doc Regular City Council Meeting Minutes of September 15, 1998 Page 26 of 26 Neighborhood Meeting Report SPIN #3, Milan and Mary Georgia Meeting Date 9/09/98 How Many Neighbors Attended? 14 Where Southlake Community Center Featured Speaker(s) Agenda Curtis Hawk, Bob Whitehead, Sean Poe Meeting Topic & Description Lake Drive Capital Improvement Issues Curtis Hawk Curtis addressed the issue of the proposed capital improvement. The improvement would result in widening Lake Drive from 18 feet to 22 feet. The 22 foot proposed road would move the center line of the road 4 feet to the west. On the west side of the road, several of the houses are only set back 25 feet from the edge of the road. The 25 feet includes a bar ditch. At the same time that the road improvement is done, sanitary sewer and water line improvements are planned. Sanitary sewer will be made available to neighbors on the west side of the road. The city water line which goes from a 6 inch line to a 4 inch line will be also addressed. Current conditions: • The current road was built without any subroad and is actually 16 feet in places since it is so deteriorated. There are no or very abrupt shoulders on the road. Mail boxes are placed haphazardly down the east side of the road and range from 1 foot (almost overhang the street) to 3 feet off of the road. • The road is not a through road and neighbors feel it is built out. • 4 Handicapped buses and 6 daily buses (3 in the morning, 3 in the afternoon) turn around at the end of the street daily. Key points of the discussion included: • The neighbors fully support and welcome the sewer and water improvements. They also support and want to know when the pressurized line will be put into Dove Road. • The neighbors reached a consensus that they support an improved 18 foot road with stabilization and 12 inch shoulders. Since the road is not a through road, they feel that this solution addresses the deteriorated condition of the road and provides plenty of clearance for traffic. • The neighborhood opposes widening the road to 22 feet. Neighbors feel that this would create several safety issues. These issues include: • The houses that are only 25 feet from the current road would only have 21 feet between their house and the road, with small children in the neighborhood, they feel this creates a safety issue. • Widening the road would encourage speeding. Several children in the neighborhood are just now reaching the age of getting licenses. • Discussion about drainage ditch not being needed at top of hill - Bob Whitehead agreed and stated that depending on the slope, if unneeded would not be put in. • Neighbors requested street lights. Of the neighbors present, one neighbor voiced a concern about the lights - not wanting them on his lot. • Neighbors did request looking at the turnaround at the end of the road. Either by improving or changing bus routes. • Concern about buses not stopping at Burney road prior to turning on. • Concern about speeding on Lake Drive with several small children in the neighborhood. • -1 )ice. Timeline — City Engineering agreed to redraw the plans to be able to present the 18 foot wide road as a proposal by the 10/27 city council meeting so that the city council could decide the issue. Many positive comments were voiced by attendees toward the development of the pressurized sewer along Dove Road. Follow Up / Issues: • Speeding - Requested a "Children at play sign ", speed bumps, reducing posted limits, or additional patrols at the intersection with Burney to stop speeding and eliminate people not stopping at Burney road. Lake drive slopes toward Burney and it is easy to pick up speed without realizing it. Residents felt a reminder would help a lot. • The neighbors took an action item to go off and determine where the lights could go to eliminate his concern. • Bar Ditches on the back side of the Burney development are not maintained. - Requested follow -up by code enforcement. Note to City Engineers — Since the meeting, Mike McKean of Lake Drive contacted us to follow up on light. He discussed with neighbors and came back with a recommendation of lights only at every other lot. They expressed a desire for a look for the lights in keeping with the town square look or more decorative without sacrificing the functionality. Reducing the number of lights to accomplish this would be very acceptable to do this. FYI - Peggy Mitchell is the SPIN 3 liaison in that neighborhood. Her phone number is 329 -4641. We will be happy to hold another SPIN meeting on the lights. Best Regards, Mary Moe - Georgia r City of Southlake, Texas MEMORANDUM September 11, 1998 TO: Curtis E. Hawk, City Manager FROM: Shana K. Yelverton, Assistant City Manager SUBJECT: Ordinance No. 713, St. reading, Granting a franchise of Millennium Telcom, L.L.C. for the provision of telephone service within the city. Millennium Telcom, L.L.C. has approached the City to obtain a franchise agreement for providing telephone and cable service within the City of Southlake. The item on the current agenda is the telephone portion of their request, and we anticipate bringing forward the cable agreement in the near future. Millennium is a corporation formed in April of this year, headquartered in Denison. It was formed to provide voice, video and data to subscribers in various portions of Tarrant, Denton and Parker counties. The corporation is partially owned by Value Choice, Inc., a wholly owned subsidiary of Tri -County Electric Cooperative. Their business plan notes that they are working to become a Competitive Local Exchange Company (CLEC), but are taking the approach of targeting business and residential developments before construction is initiated. As such, they will be building a fiber network through proprietary marketing arrangements with developers and builders who will assist in marketing their products and services. Their goal is to provide high quality local services to customers at value driven prices. This type of request for franchise agreements was not a surprise. The Telecommunications Act of 1996 completely overhauled the federal regulations for the industry, transitioning it from regulated monopoly to a fully- competitive industry. The Act was passed with the intention of encouraging competition by allowing multiple telecommunications providers, each competing with one another, with some providing voice services, some providing data services, some providing video services, and some providing all three.(The significant construction expenditures incurred by companies attempting to penetrate the customer base of incumbent local exchange companies has limited the number of companies entering into the market, which is probably why we are processing our first agreement a full two years after the law was enacted.) Although many of the provisions of the 1996 Act will ultimately be defined through FCC decisions, court decisions, state legislation and municipal ordinances, they have already paved the way for new competitive companies like Millennium to enter into local markets. In spite of the federal regulations governing this industry, the Act does solidify the role of local governments as that of the landlord of the local public streets and rights -of -way, and of the various private companies that place facilities on those rights -of -way as tenants. Under the 5F -1 law, cities are entitled to fair compensation from those private companies, but must treat the rights -of -way users in a coordinated, nondiscriminatory way. This particular franchise agreement was negotiated by our city attorneys. Essentially, Millennium was agreeable to all of our requirements, agreeing to compensate the City of Southlake at 5% of gross receipts, which is generally considered favorable to the city. Our attorneys have pointed out that 5% is the maximum a city can charge a cable provider, and many telephone franchise fees are 3 -4 %. Our franchise fees with GTE and Southwestern Bell are not specifically based on percentage of gross receipts at this time. GTE's agreement was recently renegotiated and the charges are based on the number of access lines. Southwestern Bell is charged a flat fee which is adjusted annually with a growth factor. This agreement was negotiated before the Act was passed, and provided more revenue to the city for the small number of customers served by SWB than the previous agreement which was in place. (Our previous agreement with them was based on 4% of their gross receipts, which resulted in less compensation than the flat fee imposed in our new agreement.) The current SWB agreement is the result of complex negotiations with SWB, who had taken a position that the company was not required to obtain a franchise from cities. In any case, the growth factor incorporated into the agreement has resulted in almost double the collection of fees from 1997 to 1998. The Millennium agreement compares favorably to the SWB agreement. The attorneys were putting the finishing touches on the agreement with Millennium late Friday. As such, I do not have a copy of the agreement to place in the packet. A copy of the agreement will be disseminated to Council as soon as it becomes available to staff. Please place this item on the Council agenda for the September 15, 1998 meeting for consideration on first reading. S/ 5F-z