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1998-12-01REGULAR CITY COUNCIL MEETING 667 NORTH CARROLL AVENUE SOUTHLAKE, TEXAS DECEMBER 1, 1998 MINUTES COUNCILMEMBERS PRESENT: Mayor Rick Stacy; Mayor Pro Tem W. Ralph Evans, Deputy Mayor Pro Tern Scott Martin. Councilmembers: Debra Edmundson, Gary Fawks, Ronnie Kendall and Wayne Moffat. STAFF PRESENT: Curtis Hawk, City Manager; Shana Yelverton, Assistant City Manager; Shelli Siemer, Assistant to the City Manager; Lou Ann Heath, Director of Finance; Greg Last, Director of Community Services; Karen Gandy, Zoning Administrator; Stephanie Sarakaitis, Planner; Bob Whitehead, Director of Public Works; Charlie Thomas, Deputy Director of Public Works; Ron Harper, Deputy Director of Public Works; Shawn Poe, Capital Projects Coordinator for the Department of Public Works; Kevin Hugman, Director of Community Services; Billy Campbell, Director of Public Safety; Garland Wilson, Deputy Director of Public Safety, Fire Services Division; Paul Ward, Building Official; Chuck Bloomberg, Plans Examiner;E. Allen Taylor Jr., City Attorney; and, Sandra L. LeGrand, City Secretary. WORK SESSION: The work session began at 5:10 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. Council and staff discussed the following items: Agenda Item #5-E, Award of bid to Circle H Contractors for the installation of sanitary sewer in the Cedar Creek Plantation Addition. Councilmember Ronnie Kendall questioned the grade of materials which will be used on the project because of the fact that the bid was a lot lower than the next low bidder. Bob Whitehead, Director of Public Works, stated the grade of materials will be the same as the other bidders, as the materials are specified in the project specifications. Agenda Item #5-D, Authorization to advertise for bids for moving Monticello Information Center to Bob Jones Park. Councilmember Ronnie Kendall stated she feels moving the funds from the Planning Department budget is a good place to acquire the money for the project. Agenda Item #5-J, Resolution No. 98-74, Adopting the Texas State Library and Archives Commission schedules and guidelines for records retention. Councilmember Debra Edmondson stated she has not seen the records retention schedules being approved. Sandra LeGrand, City Secretary, explained the schedules are on file in her office. The schedules are the minimum standards, but the City can elect to keep records longer than suggested by the State if desired. This process will be done at a later date. Regular City Council Meeting Minutes of December 1, 1998 Page 1 of 24 Agenda Item #10-C, Sign variance appeal for a wall sign for Crestwood office building at 1100 East Southlake Boulevard. Councilmember Debra Edmondson questioned the sign variance. Tom Matthews, developer, explained that the existing sign has been removed and the proposed sign is less signage than the ordinance allows. Mr. Matthews stated it will be a "stretch" for Ebby Halliday to build the sign the developers are asking for. Agenda Item #10-D, Authorizing staff to proceed with acquisition of right-of-way for construction of Michael Drive. Councilmember Gary Fawks asked for the latest estimate for reconstructing the entire Michael Drive. It was noted the distance is 1,500 feet from Davis Boulevard to the end of the street. Bob Whitehead, Director of Public Works, explained the costs for completing the street is $312,044.20. Whitehead stated Rhone Engineering has tested the subgrade and the City has received a verbal report which showed the base is adequate even thought there are problems with the gradation of the base. Rhone Engineering is recommending the City either lime stabilize or cement stabilize the base. The total cost of the project is $460,000. There are ten (10) lots which would equate to $46,000 per lot. E. Allen Taylor, City Attomey, commented that $28,000 per lot would be assessable. This mount is based on the mount the property value increases as the result of the work the city does. The process is outlined in Chapter 313 of the Transportation Code, which says, "because of the increased value given to the real-estate, by the public improvements, the governmental entity can assess 100% of the curb and gutter, and up to 90% of the street surface that the roadway itself costs." Councilmember Scott Martin stated since it appears the property owners are in agreement with the proposed improvements to Michael Drive, he suggested we go forward. Mrs. Claffey agreed to be the contact person for the property owners on Michael Drive and agreed to work with Public Works Department staff. Agenda Item #10-F, Any action necessary to authorize the Mayor to enter into a professional services agreement with an architect for Town Hall. Mike Cramer, Chief Operating Officer of Southwest Sports Group, Inc., which includes the STARS, Texas Rangers, Channel 39/L1N Communications, stated his residence is in Southlake. Mr. Cramer said they have been working with David Schwarz as he is one of the better architects in urban planning and development in the United States. He noted his group is cost conscious since as every dime in over-runs will come out of their pocket. Mr. Cramer stated he believes a 10% number for architect fees for Town Hall is a reasonable fee and stated the City will be getting a state-of-the-art facility with Schwarz. Mr. Cramer stated he will be visiting with the City Council in the near future about putting in a STARS center in Town Square. Southwest Sports Group, Inc., believes that David Schwarz is doing a tremendous job on the Dallas Sports Arena and is worth the fees. Regular City Council Meeting Minutes of December 1, 1998 Page 2 of 24 Agenda Item #7-D, g8-A, and g8-B. David McMahan, with Four Peaks Development asked that these items be tabled time certain December 15, 1998 City Council meeting. The items were moved to consent agenda for tabling. Agenda Item #7-A, Sign Ordinance No. 704-A, 2nd reading, Proposing changes in Article IV, General Sign Provisions, and Article V, Specific Sign Regulations. A representative from a sign company was present to speak regarding the revisions to the sign ordinance, noting four signs are not enough to get traffic to the new homes. He suggested doubling the number of signs. He stated they need 20 signs for each subdivision and also suggested limiting the hours of placing the signs on the highways. The work session ended at 6:05 p.m. Agenda Item #1, Call to Order Mayor Rick Stacy called the Regular City Council meeting to order at 6:05 p.m. 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 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. Council adjourned into executive session at 6:10 p.m. Council returned to open session at 7:20 p.m. Agenda Item #2-B, Action Necessary/Executive Session No action was taken as the result of the executive session. Agenda Item #3, Invocation Mayor Pro Tem W. Ralph Evans led the invocation in the absence of the chaplain of the month. Agenda Item g4-A, Mayor's Report Mayor Stacy welcomed everyone to the Council meeting tonight and announced the following meetings and events: Regular City Council Meeting Minutes of December 1, 1998 Page 3 of 24 >' December 2, at 8:00 a.m. in Space g4 on the ground floor of the West Tower Hyatt Regency DFW, the North Texas Commission is sponsoring a "Metroplex Aviation Update Breakfast Briefing." If Councilmembers would like to attend, contact the City Secretary. } December 5, from 8:00 a.m. to 12 noon, "Breakfast with Santa" at Durham Elementary School. For more information contact Parks and Recreation. ~ December 6, from 5:30 to 8:30 p.m., "Holiday in the Park" at Bicentennial Park. >' December 7, at 6:30 p.m., the 1998 Annual Banquet of Mayors Council of Tan'ant County will be held at the Radisson Hotel in Fort Worth. If Councilmembers would like to attend, contact the City Secretary. ~' December 8, at 7:30 a.m., at the Marriott Solana, 5 Village Circle, Westlake. The Northeast Leadership Forum breakfast. ~ December 9, at 12 noon, the monthly Mayor's Advisory Committee will meet for lunch and their meeting in the Senior Activity Center. December 9, at 7:00 p.m., "Helmet Ordinance" committee meeting at the Senior Center. ~ December 10, at 7:00 p.m., Joint City Council and SPIN meeting at the Senior Activity Center. ~. December 11, at 4:00 p.m., Ribbon Cutting for Medical Air Building on F.M. 1709 near SouthRidge Lakes Addition. > December 12, from 9:00 a.m. to 3:00 p.m., "Snack with Santa" at Durham Elementary School. For more information call Parks and Recreation. } December 17 at 5:00 p.m., Southlake Chamber of Commerce Holiday Open House at Texas National Bank. Councilmember Debra Edmondson aunounced that the Southlake Dragons football team are still in the play-offs going into Round g4. The game this week is a big game and it will decide the winner of the regional finals. They are playing Highland Park. Go Dragons!!! Agenda Item #4-B, City Manager's Report Curtis Hawk, City Manager, announced Ron Harper, Deputy Director of Public Works, will report on the Town Square and Kevin Hugman, Director of Community Services, will report on Marcus Cable Company. Regular City Council Meeting Minutes of December 1, 1998 Page 4 of 24 Town Square Progress continues on the infrastructure and commercial elements of this project. Six buildings are currently under construction. Buildings lA and lB have been inspected by Building Inspections and have been released for tenant finish work. Buildings 5A and 5B have had the exterior stucco installed on the rear of the buildings. Brick work on 5B is approximately 98% complete and brick work on 5A is approximately 95% complete. These buildings will be available for tenant finish work in approximately 1 week. Building 4C has had all the exterior sheathing installed, rear stucco has been applied and brick work has begun. Building 2C has had framing installed and exterior sheathing is being installed. Both buildings have had rough-in mechanical, electrical and plumbing systems installed. Interior framing and sheathing is being constructed. Paving of State Street, Fountain Place and Main Street has taken place. Work on the sidewalks adjacent to the paving is scheduled to begin the week of November 23, 1998. Landscaping is being installed in the parking areas. The Developer has submitted the proposed sign variance documentation to staff for their review. Even though a dedicated work session may need to be scheduled to discuss some of the signage issues, this item has been placed on the December 1, 1998 agenda as a discussion item so that issues can be raised prior to any required work session. Tenant work and permits have been issued on Talbot's and Victoria Secret. Plan reviews have been completed on Banana Republic, Bombay Company, Chicos, Comer Bakery, Gap, Gap Kids, Gymboree, Harolds, St. Johns, and Williams-Sonoma. Phase I Modification At the start of this project the Developer modified one building on Grand Avenue (Building 5A). This building was originally planned to be a two story, L-shaped building. The Developer had proposed changing this to two buildings with the portion along F.M. 1709 being a 1-½ story. The Developer contacted staff on Friday, November 20, 1998, and stated that his plans had changed again and that the building along F.M. 1709 would now be two stories and that there would have to be an 8-foot extension built on the east end in order to accommodate access to the second floor. The extension of this building would impact the planned (and approved) building to the east. In order to accommodate these changes, the Developer will reduce the square footage of the not yet built building to the east so that the total building square footage in this block will not change. Staff has informed the Developer that these changes may constitute a significant change and that this lot may need to go through the entire process of a revised site plan. Staff requests that City Council provide guidance as to the actions and direction to be taken. Post Office Square There was no change from the last report on this phase of the project. Regular City Council Meeting Minutes of December 1, 1998 Page 5 of 24 Town Hall At the November 17, 1998, City Council meeting the City Manager was authorized to negotiate an agreement for design services with David Schwarz. There is an item on the agenda to discuss the progress of these negotiations. Ron Harper asked the City Cotmcil for direction on this issue. Councilmember Scott Martin asked if he sees this as a pattern to have a lot of changes on the plan. Councilmembers Kendall, Martin, Edmondson, Fawks, Stacy stated they do not have a problem with this issue. Councilmember Edmondson asked questions regarding where the fronts of the buildings will be. Harper replied the fronts of the buildings have to face the major roads (F.M. 1709). Councilmember Gary Fawks asked, "As we tighten this up, is it appropriate at some point, for us to have a formal submittal of how the site plan actually develops, so that we have it in our record?" Curtis Hawk, City Manager, stated we have talked about having what we call an "as built" drawing that shows how it is, and it will be there from now on and it will establish that footprint permanently. Councilmember Scott Martin thanked Harper for bringing this issue forward and keeping Council up to date. Marcus Cable Company Kevin Hugman, Director of Community Services, gave a brief presentation of where the City is with the cable service in the City of Southlake. He explained the transfer and the issues we are dealing with right now. He noted that Council has also received numerous calls as has the staff at City Hall. The consortium of cities which includes twenty (20) cities in our area that are currently served by Marcus Cable have been working together on the transfer of franchise from Marcus Cable to Charter Communications and increasing customer service standards, and addressing the deficiencies that are in the current franchise. Mr. Hugman offered a bit of history on the cable industry and how it pertains to the issues Southlake is dealing with now with the fiber upgrade and the subscribers having to purchase or rent the converter boxes for their television sets. A copy of the presentation from Mr. Hugman is hereby attached to the minutes of the meeting. Mr. Hugman stated there are two representatives from Marcus Cable Company present tonight. They are: Mr. Steven Brockett, Vice President of Operations/Administration; and, Farrell Moseley, Director of Engineering DFW Metroplex. Mr. Moseley and Mr. Brockett explained the current rebuilding that is going on as well as the converter boxes that are now required. Regular City Council Meeting Minutes of December 1, 1998 Page 6 of 24 Councilmember Debra Edmondson stated, "I am a little bit upset. I don't want anyone in this room or on television to get the idea that we somehow are sitting up here saying, oh well, what are we going to do." She stated everyone on Council is committed to finding a solution to this problem. We have thirty-three hundred (3300) cable subscribers, according to the statistics Council was given earlier. Seventeen hundred (1700) of those people have this very service that literally over night, are being asked to pay anywhere from $3.33 to upward of over $20 month. They were given no prior notice. She stated, "I for one am just not going to sit up here and say, "oh, bad luck, call your cable company." The residents look to Council to help them. Mayor Stacy stated, "I don't disagree with you emotionally, but what Mr. Hugman is doing is showing us what we can and cannot do." Ms. Edmondson stated for the record, "That if the cable company has not fixed the problem, when this Council meeting is shown on cable, it will be with no sound." "For the past week the best program in town, which is the Council meeting, has been shown with no sound and apparently no one at Marcus has figured it out." Councilmember Ronnie Kendall asked for other employees from Charter to meet with members of the City Council to try and work out the issues. She requested that upper management from Charter come to the meeting as well. Curtis Hawk, City Manager, stated staff is continuing to work with the City of Fort Worth and the other seventeen cities involved in this consortium, but Council will have to make the decision down the road as to whether or not to approve the transfer from Marcus Cable to Charter Cable, and that is really the only area of any kind of control that the Council has. The FCC and Congress have taken away the cities' ability to do a lot of things but there is nothing that requires the people out here to be on cable and there are other options they may want to look at. He stated he hopes that will be a concern of the cable company as we work through these issues. The City of Southlake is different from the other cities in the consortium because we are the only ones dealing with the "box." He stated he tends to agree with Councilmember Moffat and the other Councilmembers, that somehow it just isn't right and we need to find a way to make it right, if we can do that. At the next meeting of the consortium they will continue to work on the issues, and in the near future an item will be on the agenda for a vote on the transfer from Marcus Cable to Charter Cable. Agenda Item O4-C, SPIN Report Michael Boutte, 716 Ashley Lane, Southlake, representative of SPIN #9e. Mr. Boutte stated the neighbors in his SPIN area are excited to be getting a restaurant in Southlake. They are also happy that MetroPool Chemical will be going away. He stated the "hot issue" for SPIN #9e is neighborhood traffic safety. He stated there will be a SPIN meeting on December 8, whereby Deputy Director of Public Safety, Gary Gregg and Rusty Daniels of the Police Department, will be present to answer questions of the residents in this area. Regular City Council Meeting Minutes of December 1, 1998 Page 7 of 24 Agenda Item #5, Consent Agenda Mayor Stacy stated this is the time of the evening when Council votes on several items at one time. He informed citizens present of the procedure Council follows in voting on the "Consent Agenda" and asked if anyone had any comments or opposition to express regarding any items listed in this section of the agenda. Mayor Stacy read the consent agenda items into the record: 5-A. Approval of thc Minutes of the Regular City Council meeting of November 17, 1998. 5-B. Authorize the Mayor to enter into a developer agreement for Evergreen Estates. 5-C. Authorize the Mayor to enter into a commercial developer agreement for Sonthlake Oaks, Phase II. 5-D. Authorization to advertise for bids for moving Monticello Information Center to Bob Jones Park. 5-E. Award of bid to Circle H Contractors for the installation of sanitary sewer in the Cedar Creek Plantation Addition. 5-F. Resolution No. 98-76, Urging thc Texas Legislature to increase appropriations for road and bridge maintenance and expansion. 5-G. Authorize the Mayor to enter into an interlocal agreement for ambulance service between Denton County and the City of Sonthlake. 5-H. Authorize the Mayor to enter into an interlocal agreement for fire protection services between Denton County and thc City of Southlake. 5-I. Approval of Change Order #1 to Thomas Brothers Grass for preparation of soil prior to laying sod at Bob Jones Park. 5-J. Resolution No. 98-74, Adopting the Texas State Library and Archives Commission schedules and guidelines for records retention. 5-K. Authorize the Mayor to enter into an interlocal agreement with Tarrant County regarding use of the recycling center for record disposal. 5-L. Authorization to advertise for bids for aerial photography services in order to develop topographic information for the Drainage Master Plan. Regular City Council Meeting Minutes of December 1, 1998 Page 8 of 24 ZA 98-134, Site Plan for Tom Thumb Center and Eckerd's being a Site Plan for Tom Thumb Center on property legally described as Lot 3, and a portion of Lots 2 and 4, L.B.G. Hall No. 686 Addition. Ordinance No. 480-293, 1st reading, (ZA 98-133), Rezoning of property legally described as being a portion of Tract 1C2 situated in the L.B.G. Hall Survey, Abstract No. 686, and being approximately 1.174 acres. 8-B. ZA 98-135, Plat Revision for Proposed Lots 2R1, 2R2, and 4R, L.B.G. Hall Survey, Abstract No. 686, and being approximately 1.174 acres. 10-A. Authorize the Mayor to enter into a developer agreement for The Woods. 10-B. Authorization to advertise for bids for a pump, motor, and electrical switchgear for modifications to the Southlake/Keller Pump Station. 10-C. Sign variance appeal for a wall sign for Crestwood office building at 1100 East Southlake Boulevard. 10-D. Authorizing staff to proceed with acquisition of right-of-way for construction of Michael Drive. 10-E. Any action necessary to proceed with granting a sanitary sewer easement along the westerly property line of City owned Tract 6F, T.M. Hood Survey, Abstract No. 706 (also known as former Glosser tract) in order for Coutnryside Bible Church to construct a sanitary sewer line. Motion was made to approve the consent agenda including: Item #5-A, #5-B, #5-C, #5- D, #5-E, #5-F, #5-G, #5-H, #5-1, #5-J, #5-K, #5-L; tabling Items #7-D, #8-A, #8-B to December 15, 1998, City Council meeting; Including Items gl0-A, gl0-B, gi0-C, #10E. Motion: Martin Second: Evans Ayes: Martin, Evans, Fawks, Kendall, Moffat, Edmondson, Stacy Nays: None Councilmember Edmondson abstained on items #5-E. Approved: 7-0 vote ADDITIONAL INFORMATION REGARDING CONSENT AGENDA 5-A. Approval of the Minutes of the November 17, 1998 City Council Meeting. Authorize the Mayor to enter into a developer agreement for Evergreen Estates. Evergreen Estates is a residential subdivision containing 13 lots and is located in the southeast comer of North Kimball Avenue and Shady Lane. The public infrastructure being constructed in this addition includes water, sanitary sewer, Regular City Council Meeting Minutes of December 1, 1998 Page 9 of 24 storm sewer and a public street. The developer of Evergreen Estates is not required to pay a Park Fee because the Park Board voted to allow credit for the following: 450 linear feet of 6-foot sidewalk within the pedestrian easement (2,700 square feet). 600 linear feet of 2-foot additional width along Shady Lane (1,200 square feet). 620 linear feet of 2-foot additional width along North Kimball Avenue (1,240 square feet), for a total credit of 5,140 square feet of sidewalk. At the unit cost of $3.25 per square foot, this results in a total credit of $16,705 applied to the dedication requirement of $1,000 per lot for 13 lots, or $13,000. There are several revisions to the standard developer agreement: General Requirements: Section B, will allow building permits to be issued after infrastructure listed on the agreement has been completed. The developer chose not to provide the usual requirements of Cash Escrow, Letter of Credit, Performance Bond, or Payment Bond. Maintenance Bond requirements will remain the same. Allowing the developer to construct an addition without the above requirements has been done previously. Authorize the Mayor to enter into a commercial developer agreement for Southlake Oaks, Phase IL Southlake Oaks, Phase II, Block 1, is the second phase of the commercial development known as 1709, Southlake Oaks Addition. The addition is located in the northeast comer of the intersection of West Southlake Boulevard and Shady Oaks Drive. The only public infrastructure to be installed is an 8-inch water line and a small amount of storm sewer. The developer of Southlake Oaks, Phase II, paid the required Park Fee at the time Phase I was developed. The City will collect the appropriate water, sewer, and street impact fees when the building permits are issued. Authorization to advertise for bids for moving Monticello Information Center at Bob Jones Park. At its October 12 meeting, the Park Board approved the donation of the Monticello Information Center for use as a Nature Center at Bob Jones Park. This approval was contingent upon the selection of a suitable site by the Nature Center Committee. Because estimated costs for moving the building may exceed $15,000, the State law limit, it was recommended by staff that authorization to advertise for bids for moving be given by the City Council. The approved 1997-98 SPDC budget allowed $20,000 for planning of the Nature Center. Staff recommends that this money be used to cover the costs of moving this building in order to begin the implementation of the Nature Center project. Additional funding for architectural design could be reallocated from any cost savings on other projects at Bob Jones Park, or perhaps donations to the Nature Center Committee could also offset the design costs. 5-E. Award of bid to Circle H Contractors for the installation of sanitary sewer in the Regular City Council Meeting Minutes of December 1, 1998 Page 10 of 24 Cedar Creek Plantation Addition. Cedar Creek Plantation Addition is scheduled to receive sanitary sewer improvcnnents this year as part of the Neighborhood Sewer Program. The total estimated construction cost for the project is $110,400. The construction is proposed to be fimded from the 1998-99 Capital Improvements Budget. The low bidder for this project is Circle H Contractors with a base bid of $74,675.85. Resolution No. 98-76, Urging the Texas Legislature to increase appropriations for road and bridge maintenance and expansion. The Texas Department of Transportation has indicated that only one-third of the State's transportation needs will likely be addressed over the next ten years without increased funding. While the State and the DFW area will benefit from the increase in federal funding as a result of federal legislation, the State will need additional funds in order to provide the State's match for these federal dollars. In response to this need, the Regional Transportation Council (RTC) and the North Central Texas Council of Govermnents (NCTCOG) Executive Board has adopted the Regional Policy Position on State Transportation Funding Issues, for reflection during the State's next legislative session. This policy position calls for the Legislature to address the need for additional adequate transportation fimding and they have asked member cities to adopt the resolution. Authorize the Mayor to enter into an interlocal agreement for ambulance service between Denton County and the City of Southlake. The agreement provides a termination agreement of 60 days written notice from either party, provides definitions, states that the City will provide this service when called, and that Denton County will pay a start up fee of $1,307.03 and that there may be other collectible fees when runs are made. The agreement provides that the City and County agree to accept responsibility for their own acts, of negligence or omissions of the officers, employees, and agents, and that neither the City or County waive any immunities or defense that would otherwise be available to each against claims arising from the exercise of government powers and functions. Authorize the Mayor to enter into an interlocal agreement for fire protection services between Denton County and the City of Southlake. This is the annual Interlocal Agreement for Fire Protection Service between Denton County and the City of Southlake. The Agreement states that Denton County agrees to pay the City of Southlake for the full performance of this agreement, the sum of $5,000 upon execution of this agreement, and $137.50 per fire call in the designated unincorporated areas of Denton County. The agreement provides for Denton County to engage in fire service in the City when called for their aid, and the City will provide fire service in their areas, when needed. It allows the Denton County Fire Marshal to respond and assist when needed. The agreement also provides that the County of Denton will supply the City of Southlake with an 800 MHz radio for contract and Southlake will utilize that radio during the duration of the agreement. Regular City Council Meeting Minutes of December 1, 1998 Page 11 of 24 Approval of Change Order #1 to Thomas Brothers Grass for preparation of soil prior to laying sod at Bob Jones Park. In June 1998, SPDC awarded a bid to Thomas Brothers Grass at a cost of $53,762.40. Due to a number of factors we did not lay the sod immediately. Because of the delay, the soil conditions at Bob Jones Park now necessitates soil preparation in order for the City to have the best possible chance to allow the grass to root before it becomes dormant for the winter. In order to keep the costs as low as possible, the City reduced the soccer field perimeter area to be sodded. The resultant change order amounts to a new increase of $5,603.80. Resolution No. 98-74, Adopting the Texas State Library and Archives Commission schedules and guidelines for records retention. The City of Southlake passed Ordinance No. 497 on March 6, 1999, providing for the establishment of a records management program for the City. The ordinance names the City Secretary as the Records Manager for the City. The Local Government Records Act of 1989 was amended to permit local governments to file a written Declaration that records control schedules that have been adopted and comply with the minimum requirements for records retention schedules issued by the Texas State Library and Archives Commission, in lieu of the City developing local schedules for records retention. This amendment to the Act permits local governments that have not yet developed and filed schedules with the Texas State Library, to adopt schedules issued by the Commission for use in their records management program. Deadline for filing the adoption of the records control schedules is January 4, 1999. Interlocal Agreement with Tarrant County for use of their Recycling Center for destruction of records. As part of the Records Management Program, it will be necessary to provide for the destruction of records once the retention period expires. The records must be either shredded or burned according to the Local Government Code. The Tarrant County Records Destruction and Recycling Program has been expanded from a program solely for the County Clerk's records to now include the destruction of records and paper materials from a variety of County offices and facilities, as well as other local governmental agencies. Authorization to advertise for bids for aerial photography services in order to develop topographic information for the Drainage Master Plan. The City of Southlake obtained the professional services of Freese & Nichols to develop a Master Drainage Plan. The Master Drainage Plan will be developed in two phases. Phase I was developed to assist the City if evaluating the existing conditions of the city wide drainage infrastructure. Also included in Phase I was the assessment of the City's existing mapping and geographic information system. The existing topographic maps do not have the accuracy desirable to perform the second phase of the Drainage Master Plan. In order to complete the second phase of the plan, as well as enhance the quality and accuracy of furore studies of Regular City Council Meeting Minutes of December 1, 1998 Page 12 of 24 IO-A. IO-B. infrastructure design, a detailed topographic map of the City is warranted. The estimated cost to develop the detailed topographic maps is $150,000. ZA 98-134, Site Plan for Tom Thumb Center and Eckerd's The Site Plan for Tom Thumb and Eckerd's is tabled at the request of the developer, EPIPD- Southlake No. 1, L.P. (Eckerd's site) and EPIPD- Crossroads Square, L.P. (Tom Thumb Center), time certain December 15, 1998, continuing the public hearing. ZA 98-133, Ordinance No. 480-293, first reading, Rezoning Tract 1C2, L.B.G. Hall Survey, Abstract No. 686. The ordinance was tabled at the request of the developer, time certain December 15, 1998. ZA 98-135, Plat Revision for Lots 2R1, 2R2, and 4R, L.B.G. Hall No. 686 Addition. The plat revision was tabled at the request of the developer, time certain December 15, 1998. Authorize the Mayor to enter into a developer agreement for The Woods. The Woods Addition consists of 8 residential lots and is located in the southeast comer of the intersection of Florence Road and Pearson Lane. The Addition was platted in 1996 but never developed because of lack of access to sanitary sewer. All lots have access to public water and frontage on either Florence Road or Pearson Lane. The only public infrastructure to be built is the sanitary sewer. Through the interlocal agreement with the City of Keller, these lots may be connected to the Keller Sanitary Sewer System. The eastern lots are in the S-2 Drainage Basin, therefore, the developer will install a sanitary sewer line to serve these lots and tie into the sewer line in Sutton Place. The developer of The Woods will pay the required Park Fee of $4,000 (8 lots at $500 each). The City will collect the appropriate water, sewer, and street impact fees when building permits are issued. Authorization to advertise for bids for a pump, motor, and electrical switchgear for modifications to the Southlake/Keller Pump Station. There are currently four pumps operating at the Southlake/Keller Pump Station, which pumps the water from the City of Fort Worth to Southlake and Keller. A total pumping capacity of 22 to 24 MGD was used on several occasions during the summer of 1998. In doing so, the existing pumps at the pump station were pumping above their design capacity. As Keller and Southlake water demands continue to increase, it is recommended that additional pumping capacity be added to the Southlake/Keller Pump Station. This can be accomplished by replacing the smallest 3 MGD pump with a 10 MGD pump. The estimated cost for the repurchase items is $105,000. The estimated costs for the installation of the equipment is $195,000. The equipment and installation cost, which is estimated to total $300,000 is proposed to be funded from the 1998-99 Capital Improvements Budget. Under our contract with the City of Keller, the costs associated with improvements to the water distribution system for Southlake and Keller from Fort Worth shall be incurred 50% from each city. Regular City Council Meeting Minutes of December 1, 1998 Page 13 of 24 iO-C. Sign variance appeal for a wall sign for Crestwood office building at 1100 East Southlake Boulevard. Mr. Matthews has removed the monument sign from the area in from of his building, as requested. Mr. Matthews provided a scale drawing of the requested sign to be attached to a stone wall that will be erected facing F,M. 1709. The building is 40' from the right-of-way and Mr. Matthews is proposing a 15' setback from the building itself, thus allowing plenty of room to meet the 15' from the fight-of-way role. 10-D. Authorizing staff to proceed with acquisition of right-of-way for construction of Michael Drive. In order to proceed with infrastructure improvements necessary to bring the area along Michael Drive into compliance with city ordinances, the City must acquire the required fight-of-way. Detailed cost estimates have been prepared by staff and are available. Staff recommends authorizing the staff to proceed with acquisition of right-of-way for construction of Michael Drive. 10-E. Any action necessary to proceed with granting a sanitary sewer easement along the westerly property line of City-owned Tract 6F, T.M. Hood Survey, Abstract No. 706, (formerly known as Glosser TracO in order for Countryside Bible Church to construct a sanitary sewer line. The sanitary sewer easement is required in order for the church to connect to the sanitary sewer located in the Fox Hollow Addition. Until a survey identifying the existing topography and trees along the western side of the City-owned tract is obtained by the church, the exact limits of the proposed sanitary sewer easement is not known. The easement will be oriented in such a manner so as to minimize the tree damage during the construction of the sanitary sewer line. Agenda Item #6, Public Forum Dennis Minder, 223 EastwoodDrive, Southlake. Mr. Minder spoke to Council about the Cable company and stated he does not believe a thing the cable company said tonight. He stated he tried to call on three separate telephones and had no response. He went on to say that SPIN #8 is not very happy with Marcus Cable Company. The service is getting worse and costing more money. James Hoglund, 108 Killdeer Court, Southlake. Mr. Hoglund commented on the opening of the Mobil Service Station that recently opened on the comer of Southlake Boulevard and North Peytonville Avenue, noting the lights are annoying to the entire neighborhood. Mr. Hoglund also commented on the car wash machine, stating, it would be great if it was sound proofed so that it does not disturb the neighborhood. Stan Key, 105 Killdeer Court, Southlake. Mr. Key read a letter into the record which has been signed by twenty-one residents in the Myers Meadows Subdivision regarding the new Mobil service station that opened on the comer of F.M. 1709 and North Peytonville Avenue. He referenced the problems that are occurring regarding the lights at the station Regular City Council Meeting Minutes of December 1, 1998 Page 14 of 24 and the noise from the car wash that can be heard blocks away. A copy of the letter is hereby attached to the minutes of the meeting. Murtaza Ali Natalwana, 103 Killdeer Court, Southlake. Mr. Natalwana stated he is extremely affected by the lights from the Mobil service station. He would like for the City to correct the problems caused by the lights. Billy Campbell, Director of Public Safety, stated the Mobil service station meets the letter of the law but evidently, there are still other issues we need to work on. The owners of the station meet the lighting ordinance and the City needs to look at the noise ordinance. Campbell stated they have not checked the noise levels as of yet because the ordinance does not address this issue. David McMahan, 1335 Hidden Glen, Southlake. Mr. McMahan stated they own the property next to this property. They have nothing ~-o do with the gas station. Four Peaks has volunteered to plant some trees to block the light and the noise from the car wash. Jill O' Neal, IO1 Ascot, Southlake. Ms. O'Neal spoke about safety on North White Chapel Boulevard. She noted the speed limit is 40 mph and it needs to be lowered to 30 mph. She stated there needs to be a school zone and a crossing guard. The CISD has put in the sidewalk on part of the property, but it stops. She stated she feels they need to continue the path from White Chapel to the school. Bob Flaherty, 1211 Cross Timber Drive, Southlake. Mr. Flaherty stated he is here as a representative of the Carroll School Board and recognizes that the residents want school zones and crossing guards in the area across from the new school. He stated they also want stop signs at Highland and White Chapel Boulevard, and at Shady Oaks Drive at Highland. The safety of the children is what is important at this time. Councilmember Ronnie Kendall stated the Principal and Assistant Principal of the Carroll Middle School contacted her and asked for a meeting with her, Director Campbell and Director Whitehead to discuss the items discussed by Mr. Flaherty noted above. She stated she will relay the results of the meeting to the Council. Councilmember Debra Edmondson stated she absolutely supports school zones at this location and asked the City to look into hiring a crossing guard as the safety of the children is the paramount issue here. Councilmember Gary Fawks stated he believes if we address the 30 mph speed limit and the school crossing guard, we can probably forgo the expense and hassle of having a traffic light on that section of White Chapel Boulevard. Rob Glover, 265 West Chapel Downs, Southlake. Mr. Glover stated he is glad this is a City issue and not one that the School Board has to address. He stated he would like to express his concern and support for slowing down the traffic on North White Chapel Boulevard near the new school. He states we already have students that cross North Regular City Council Meeting Minutes of December 1, 1998 Page 15 of 24 White Chapel Boulevard to get to Durham Elementary and Middle School and the problems will increase when the new school is opened. The other issue he wants to discuss with Council is the TI]? (Tax Increment Financing) issue. He wants to express to each Council that the School Board is committed in their desire to work together with the City on the TIF to see if we can work this out before the end of the year so that the school district can participate more fully in the TIF. He stated, "I realize there are issues for the City and I understand that we probably don't understand all of those issues and we need to understand." He stated, "There are also issues for the school district and we need to make sure that the City understands all of those issues. Whether it is an issue for the city or for the school district, it becomes an issue for the community and we need to join together to understand those issues and address them and to move this forward." Mr. Glover stated tonight we asked that the City Council and School Board make a commitment to meet before the end of the year and see if we can resolve these issues between the City and School Board and in doing so, the entire community can move forward and save some revenues from leaving the community because we know that we both have infrastructure needs that need to be resolved." Councilmember Ronnie Kendall ask Mr. Glover if he sees a need to slow down traffic on White Chapel Boulevard outside of the school zone hours? Mr. Glover stated his concern is primarily during the school hours. He thinks it will not be an issue outside the school hours. The school plans to open on January 5, 1999. Buddy Luce, 1850 Hunters Creek, Southlake. Buddy Luce stated he is present as a parent of two, a citizen, and president of the School Board. He is here to reiterate some of the comments that have been made. Councilmember Scott Martin asked Mr. Luce to save his comments until the time this subject is on the agenda and to not discuss it during the public forum, which prohibits Council from commenting on the subject during this agenda item. Mr. Luce asked for his three minutes, stating under the "ACT" Council can talk to him but they just cannot deliberate. He stated he is here to provide an idea for an item that is not on the agenda. He is requesting a time that Council can meet with the School Board in order to resolve some of the TIF issues before the December 31, 1998 deadline for the CISD. They suggested that some independent TIF consultant could bring fresh ideas might be present. He is here to say we need to meet as a collective body to do everything possible to benefit the community and working out the issues to benefit the taxpayers. Councilmember Ronnie Kendall requested an item be placed on the next agenda concerning traffic issues on North White Chapel Boulevard. She also suggested Council meet with the school board as they requested. It was noted that a School Board meeting will be held on December 14 and Council meets on December 15. It was agreed upon that meetings be set on December 14 or December 15 or both dates prior to the existing meetings. Regular City Council Meeting Minutes of December 1, 1998 Page 16 of 24 Agenda Item #7-A, Sign Ordinance No. 704-A, 2nd reading, Sign Regulations Curtis Hawk, City Manager, stated at the last meeting, City Council asked staff to contact any parties directly impacted or interested in the recommended changes in Ordinance No. 704-A. Several contacts were made, with additional recommendations from these parties being added to the memorandum prepared by Stephanie Sarakaitis, Planner. Ms. Sarakaitis presented draft #3 of the Sign Ordinance No. 704-A, which reflects the recommendations discussed by the City Council as well as the Planning and Zoning Commission's recommendations, as well as a few "clean-up" items. She referenced Page 13, Section 22.A.2, relating to subdivision marketing signs. PUBLIC HEARING: Eddie Wynne, Sign Placement Services. Mr. Wyrme stated he was under the impression that the City was going to phase out the builder signs within anywhere from six months to one year and then change the subdivision signs to allow ten signs. Mayor Stacy stated the goal was to eliminate the signs completely. That way the signs that have already been purchased could be used. Billy Spivey, 1520 Randol Mill Road, Southlake. Mr. Spivey thanked the City Council for acting on his request. He suggested that the ordinance be changed under Garage Sale Signs, to allow, "not more than three off-site signs with only one off-site sign per sale along the numbered highways." Public heating closed. Councilmember Ronnie Kendall commented on the special purpose signs, stating she wants to honor the request for more signs. She suggests six signs for the special purpose section of the ordinance. Motion was made to approve Ordinance No. 704-A, second reading, incorporating the following changes: increasing number of special purpose signs in Section 21 .C.2.c. from four (4) to six (6) signs not to exceed five (5) off-site signs; exercising "Option B" for Section 22.A.2., requiring a six (6) month phase out of signs as described in the newly added Section 22.A.2.f; modifying placement time in Section 22.A.2.d. to read "12:00 noon Friday to 5:00 a.m. Monday, restricting placement between 4:00 p.m. and 8:00 p.m. Friday and restricting pickup prior to 7:00 p.m. Sunday"; modifying the maximum number of signs in Section 22.A.2.a. to read "One (1) sign for every twenty (20) platted and unoccupied lots, not to exceed a total of four (4) signs"; and modifying the maximum number of garage sale signs in Section 22.E.2.a. to read "Four (4) per sale with not more than three (3) off-site signs; only one (1) off-site sign per sale." Motion: Fawks Second: Martin Regular City Council Meeting Minutes of December 1, 1998 Page 17 of 24 Ayes: Fawks, Martin, Edmondson, Evans, Kendall, Moffat, Stacy Nays: None Approved: 7-0 vote Agenda Item #7-B, Ordinance No. 480-291, 2nd reading (ZA 98-113) Ordinance No. 480-291, 2nd reading (ZA 98-113), Rezoning on property legally described as being Tract lB and lB1 situated in the James Thomhill Survey, Abstract No. 1505, and being approximately 5.0 acres. Current zoning is "AG" Agricultural District, with "SF-1A" Single Family Residential District. Applicant: Kaeini Family First Limited Partnership. Owners: Kaeini Family First Limited Partnership and Raman Chandler. Karen Gandy, Zoning Administration, stated twenty-eight (28) notices were sent to property owners within the 200' notification area and nine (9) responses have been received within the 200' notification area, including: Raul L. and Helen S. Regaldo, 1006 Southlake Hills Drive, Southlake, opposed; Thomas L. and Tracy Christensen, 1003 Southlake Hills Drive, Soutlake, opposed; John J. Gagnon, 1005 Southlake Hills Drive, Southlake, opposed; Matthew R. Belaus, 1311 Northridge, Southlake, opposed; Mark and Lisa Sharp, 1009 Southlake Hills Drive, Southlake, opposed; Joseph ,~ Bectol, 1000 Hidden Knoll Court, Southlake, opposed; Daphne Biddle, 1011 Southlake Hills Drive, Southlake, undecided; Henry P. Naggy, 1313 Northridge, Southlake, opposed; Terrence and Barbara Torrey, 1007 Southlake Hills Drive, Southlake, opposed. Ms. Gandy stated a super-majority (6 out of 7) vote of the City Council would be required for approval of this item due to the opposition within 200' exceeding 20% of the total land area. Councilmember Ronnie Kendall asked staff to pay particular attention to drainage on the site plan for this property. PUBLIC HEARING: Robert Hager, 1800 Lincoln Plaza, Dallas. Mr. Hager stated he is present to answer questions of Council, representing the applicant. Motion was made to approve Ordinance No. 480-291, 2nd reading, as presented. Motion: Martin Second: Fawks Ayes: Martin, Fawks, Kendall, Moffat, Edmondson, Evans, Stacy Nays: Non Approved: 7-0 vote Agenda Item #7-C, ZA 98-131, Site Plan for Southridge Center ZA 98-131, Site Plan for Southridge Center, on property legally described as Lot 12, Block 6, Southridge Lakes, Phase C-l, an addition to the City of Southlake, Tarrant Regular City Council Meeting Minutes of December 1, 1998 Page 18 of 24 County, Texas, according to the plat records in cabinet A, Slide 4596, Plat Records,Tarrant County, Texas and being approximately 0.819 acres. Current zoning is "C-3" General Commercial District. Owner and Applicant: Four Peaks Development, Inc. Karen Gandy, Zoning Administrator, stated that seven (7) notices were sent to property owners within the 200' notification area and no written responses were received. David McMahan, 1335 Hidden Glen, Southlake, Four Peaks Development. Mr. McMahan stated he is willing to comply with the summary review letter, noting this is an office park and they have addressed the "box lights" and will expect the tenants to keep regular office hours. PUBLIC HEARING: No comments were made during the public hearing. Motion was made to approve the Site Plan for Southridge Center (ZA 98-131), subject to the Plan Review Summary No. 1, dated November 13, 1998; subject to the Planning and Zoning Commission recommendation; modifying Item #5 by waiving the required F1 fence requirement; requiring the applicant to replace any of the dead trees on the existing berm on the north. Motion: Martin Second: Edmondson Ayes: Martin, Edmondson, Evans, Fawks, Kendall, Moffat, Stacy Nays: None Approved: 7-0 vote Agenda Item #2-A, Continued- Executive Session Mayor 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 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. Council adjourned into executive session at 9:40 p.m. Council returned to open session at 11:30 p.m. Agenda Item #2-B, Continued (Action Necessary-Executive Session) Motion was made to authorize staff to proceed with the purchase contract for the property at Bicentennial Park as discussed during the executive session. Motion: Kendall Regular City Council Meeting Minutes of December 1, 1998 Page 19 of 24 Second:Martin Ayes: Kendall, Martin, Edmondson, Evans, Fawks, Moffat, Stacy Nays: None Approved: 7-0 vote Motion was made to authorize the Mayor to close on the property being purchased by the Crime Control and Prevention District. Motion: Kendall Second: Martin Ayes: Kendall, Martin, Edmondson, Evans, Fawks, Moffat, Stacy Nays: None Approved: 7-0 vote Agenda Item #9-A, Resolution No. 98-75, Appointments to the Library Board Resolution No. 98-75, was approved naming the following members to the Library Board: Motion: Edmondson Second: Evans Place 1 C.D. Peebles Place 2 Marjorie Zielke Place 3 Debbie Baynard Place 4 Mafia Cameron Place 5 Wanda Poe Place 6 Cynda Mast Place 7 Scott MacLeod term to expire 1999 term to expire 1999 term to expire 1999 term to expire 2000 term to expire 2000 term to expire 2000 term to ex ~re 2000 Ayes: Edmondson, Evans, Fawks, Kendall, Moffat, Martin, Stacy Nays: None Approved: 7-0 vote Councilmember Scott Martin thanked all the applicants stating he has sat through the process three times when appointments were made to boards and commissions and stated it is so heartening to him to see so many people who want to come forward as it is such a large task. He stated he is so proud of all of the applicants and asked those who were appointed to look at the applications and ask those who applied to help where they can as there were many qualified applicants who there were not seats for. He really appreciates it as we need all the help we can get in building this city. Councilmember Debra Edmondson stated she concurs completely with what Mr. Martin said. She thanked all of those who applied and especially those who were able to come to the interviews. She stated we truly have many talented individuals in the City. Agenda Item #10-F, Any action necessary to authorize the Mayor to enter into a professional services agreement with an architect for Town Hall Curtis Hawk, City Manager, stated "At the last Council meeting, Council directed the City Manager to contact David Schwarz to see if we could get an agreement with him on Regular City Council Meeting Minutes of December 1, 1998 Page 20 of 24 several points; a percentage not to exceed 10%; a cap on the total project not to exceed $12 million dollars; and cap on reimbursable." Hawk stated," The issues that staff was to talk to Mr. Schwarz concerning, we feel he has responded to them, however, there are still some other issues out there that Council has expressed concern about." Mr. Hawk asked Council for a direction to take next step. Councilmember Debra Edmondson stated she thinks Mr. Schwarz is an extremely talented architect and she thinks it would be wonderful if he were to do our City Hall. At this point she stated she is still very concerned about all the unknowns and potential loop holes, complications with using an out-of-town architect, and expenses that we may not ordinarily occur. Councilmember Ronnie Kendall stated she is ready for the City to go out and issue Requests for Qualifications (RFQ). Councilmember Gary Fawks stated he agrees with Councilmember Kendall. He stated, "How many times can we issue a final offer?" Councilmember Wayne Moffat stated, "You always get one more last chance." He stated he feels we should tighten it up and give him more last chance. Ron Harper, Deputy Director of Public Works, stated, "The RFQ's are ready to go if we need them." Councilmember Scott Martin stated he is proud of the downtown and the City Hall concept. He wants to qualify his statement, by saying he was concerned by the commitment in the letter from David Schwarz, and the unloading of responsibilities onto a separate party, the construction manager. The shifting of the responsibilities fi'om the architect to the construction manager bothers him. Martin stated, "We, as architects, should take responsibility." Mayor Stacy stated, "In the letter from Mr. Schwarz, he says he can meet the budget; he will cap the reimbursable; meet the timetable." Stacy said, "I think in his mind he thinks he accepted what we offered him." Everything he has built is unique and this is what this needs to be in Southlake; something that says we are a little different. This building is something that will only get done once. Motion was made to direct staff one more time to go 10%; zero reimbursable; flip back the responsibility to make sure it is on him; and $1.2 million cap on fees; clarify the responsibility that he will coordinator with the other consultants (auto-visual-sound-etc.). The time flame of this agreement with the stated terms in a letter of intent, is to be complete in one week from today. If the agreement is not worked out, staff is to go out for RFQ's. Regular City Council Meeting Minutes of December 1, 1998 Page 21 of 24 E. Allen Taylor Jr., City Attorney, stated he will be meeting with the consultant and they will go down the list, and hopefully reach an agreement in negotiating the contract, trying to include all the elements in reaching an agreement. Motion: Moffat Second: Evans Ayes: Martin, Evans, Moffat, Stacy Nays: Kendall, Fawks, Edmondson Approved: 4-3 vote Councilmenber Edmondson stated a "nay" vote is not a complete rejection, it is just that she feels like Council had all agreed and asked for a fixed fee the last time. She believes there has been ample opportunity for Mr. Schwarz to step up to the plate. Councilmember Scott Martin stated he agreed to give David Schwarz one more chance and try to make Council more comfortable and if not, we should move forward with someone else. Agenda Item #1 l-A, Discussion: Conditional Sign Permit for Town Center Ron Harper, Deputy Director of Public Works, presented information regarding the conditional sign permit for Town Square, stating, on several occasions over the past several months, staff has informed Council that the developer of Town Square would be submitting a comprehensive sign request based on the unique aspects of Town Square. Staff has previously mentioned that the discussion of these changes may require a separate work session. This work session may still need to be held; however, due to the need to address this issue in a timely manner, staff feels that an initial discussion of the items and issues is warranted at this time. Harper stated that the "downtown" nature of this project is not necessarily compatible with the existing sign ordinance for the City of Southlake. During the approval process for Town Square, "typical signage location and types" was approved. Brian Stebbins, Developer, Town Center. Mr. Stebbins has provided a matrix that outlines most of the variations of the proposed regulations with the existing sign ordinance. The developer is proposing that the maximum area be one square foot for every foot of frontage on a roadway, driveway, and parking area. Current regulation allows for 0.75 square feet for every foot of frontage on a roadway. Signs are allowed on other frontage, but only in the amount of 25% of the roadway frontage sign. Agenda Item #Il-C, Discussion: Creation Process of TIF Curtis Hawk, City Manager, stated there has been a number of ongoing discussions with the CISD concerning the inclusion of school projects within the TIF boundaries. This Regular City Council Meeting Minutes of December 1, 1998 Page 22 of 24 would require the gerrymandering of the TIF boundaries and adjustments to the project and financing plans. As of this date, we have been unable to reach an agreement with CISD. He noted there is still a number of things that the City could do that would enable the CISD to take advantage of"robin hood" monies if they are willing to agree to certain stipulations. Mr. Hawk presented an actual schedule of the events which have taken place regarding the creation of the TIF in Southlake. A copy of the Reinvestment Zone #1 Southlake Creation Process is hereby attached to the minutes of this meeting. Rob Glover, 265 West Chapel Downs, $outhlake. Mr. Glover stated he feels the City and the CISD need to sit down together and work out the issues so that the CISD can participate in the TIF. He stated he feels there is a consensus on the CISD board of trustees to try and work out the issues. We need to go through the issues so that both the City and the CISD understand the issues we are faced with and that we do a good job addressing those issues. Mayor Stacy asked Mr. Glover if he feels there is a consensus on the school board to support participation in the TIF? The last comments that were heard by the Council were negative. Mr. Glover stated the only issue that they have that would keep them from reaching a consensus is to make sure that their involvement in the TIF is done in such a way as to protect the school district and the City. Mayor Stacy stated, "If we could all move forward and just capture $20 million dollars of money that might leave the community and keep the dollars in the community, that would be physically prudent." The City is excited about the TIF for economic development reasons, but Council has never had an the indication from the CISD that economic development was an issue to them. Bob Flaherty, CISD Board of Trustees. Mr. Flaherty stated the reason they came here tonight was to ask the City Council if we can sit down together and try and work things out. He stated, "We have no better friends in the district than this City Council and we deeply appreciate that. We don't know if we can work things out, but we want to try." Mayor Stacy commented on the financial advisor that worked with the CISD during the time the TIF was being discussed. Mr. Flaherty restated the CISD would like to sit down and try and work things out. Flaherty stated they want to get together with Council on December 14, 1998. He suggested hiring an outside consultant as a third party. Mayor Stacy stated, "The city is not going to pay for a consultant, we are already in the TIF." Curtis Hawk, City Manager, stated he will work on a schedule for Council and the school board to meet on December 14 and/or December 15, 1998. Regular City Council Meeting Minutes of December 1, 1998 Page 23 of 24 Agenda Item #12, Adjournment The Regular City Council meeting was adjourned at 1:05 a.m. ATTEST: City Secretary M:\WP-FILES\CC-MIN- 12-1-98.doc\si Regular City Council Meeting Minutes of December 1, 1998 Page 24 of 24 °rt F ftfd DEC December 1, 1998 OF =ICE OF CITY SECRETARY To Whom It May Concern: Those of us living in Myers Meadow near Peytonville Road have been overwhelmed by the new Mobil station which recently opened on the corner of 1709 and Peytonville. This station has opened with lights that glare across the neighborhood and with a car wash that can be heard blocks away. Many of us have already notified the city government about this situation. The lights glare across the street and into our neighborhood. In addition to the lighting around the gas pumps, there are three tall pole lights that shine in the back of the station by the car wash. These lights are very tall and spread the lighting far across our homes. We can see the glare of these lights not only outside in our yards, but also the lights shine in through our windows. These lights come on before 5:30 a.m. and are not turned out until after 11 p.m. In addition, the station has opened a car wash. This car wash has open doors facing our neighborhood. The noise from this car wash is incredibly and surprisingly loud. We have been woken up many mornings at 6 a.m. by this noise. We also hear this noise late into the night. We are especially concerned about this because we hear it inside our homes with the windows and doors closed. It is so loud we cannot carry on a conversation in our backyard while the carwash is running. We all moved to Southlake with the clear understanding that Southlake has strong zoning regulations. We felt our investment in a home in Southlake would be a good one. We feel betrayed by the city government in not taking a more assertive role in regulating business which affects the quality of life of existing neighborhoods. We understand that this station cannot be closed down. However, we do expect that the city government take immediate action to correct this invasion of noise and light into our neighborhood. First, we feel the station needs to correct its lighting. There is no reason for this lighting to be filtering into our homes. The lights around the gas pumps need to be dimmed and shielded to keep the light from spilling over into Myers Meadow. The tall pole lights are not needed. Our street lighting is sufficient. Second, the city needs to establish time limits for the lighting. Third, we ask that the station find ways to reduce the extremely loud noise of the car wash and limit the hours it can be in operation or else close it down. The gas station needs to build a sound barrier between the car wash and our neighborhood if it must continue. Finally, we ask that the Mobil station or the city plant trees on the west side of Peytonville in order to provide a noise and light buffer zone. Name Address Sirature Gcle47) d 6ro s /06 /C/4/62.1, Ct //L ure ( .e.t. CA- ACT...t, 6 „ 6 c D 4. v_,/ ti or ( _ dima-* 4 0 / .---- I 71 A Wte 5 IlOG Llii l () 8 j4tkbrit Cr ( V:g 1 e 14 Tui 5 Bc---i\L-)t-- 11 () Li L.L\tocoi. 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P v) Cli C'',' SID c) O C D CT 0 ci) Cr co co 0� 5. ,r- CD - t P Z 'a": p t 0 0 CD CZ V) Cr CA 1- CD • • Ld p Z 6-4. `O �Cr `p CD y cp 1 \ 4 Z Z . ', c- "=h 1 O . O 0 ` . �0 O c- + - �. et) ri) e l D O 11 � o c- aL p n : � O /--.., o i c, —. p n 0 co , co 0 FM, CD _ 0 co 0 ' . *••r r.mt, ).." C E eD NID, li °'1 n c� z ro p A, ...) ' N . �, ,. CU n z E z `"O' c ri) : ' O' ' Z O' c4 o P Er O CD Z ,.co O Orc? ►••.• ( eh2 p _ ,�. 0 • • • • °7j CA CD r Cr 2 PD mm t PP 0--A . ,--• < . _ i --A . CD � ot � 0 0 �. .. • 2 CD 0 O cD q q p „.., ) 7D' ,," o ,-,- , CD p CIA Cr Cam? 0 H CA 0 C C ) ) P+ P+- ti. . q 2 o cl, o pD ed 5 .-i' 0 " 0 P 5 o•---+ °- Ci k-1 44 1.A CIL cA p CA �- n (-4- CD C H CD O • ED" P CD . n . , p.,0-,, O CD O C 0- O P c C O 0 � ?)" O ---1., .. ((p • • • Pp Cr CD c4 ,� r-r- CD CD `< 0 O 5_,p_ .. ,—,_ 0 raA Plir Faa • P --' C4 CD CD )- Ci q ri) cli .... 2 n n e- CM 0 CD P � CD - n h O O ith t'4 c.) C i--1-) 1 tt -.1 0 b � O • • • • H ' " mt:i C' m a " . 0 CD O n CD CD CD fl on " (IQ )-4 CD .-A F- ^ r■•i 0 C:7" 0 0 i t; • ci) ..."-i ( )--k • O n O CD c3 ... CA CD e4 D CD Cr v) r CD y 0 0 ( 0 c 'T' CD ci 0 c .. It- ' CD . ..) 0 *--i --i' v1 CD O o --_ • CD CD mmimi f .. (-- °I-ut n pip CfQ CD O 'CI • ptip .-+, (IC? 0 P CD 0 FL e-t- p, o Cli c) E ci) CD - n 5, $1,D CD C A CA C4 c v 1.,-, . k . n • a 0 0 CD r--It) n 0 0 0 City of Southlake, Texas MEMORANDUM November 25, 1998 TO: Curtis E. Hawk, City Manager FROM: Bob Whitehead, Director of Public Works SUBJECT: Authorizing staff to proceed with acquisition of right -of -way for construction of Michael Drive Background In order to proceed with infrastructure improvements necessary to bring the area along Michael Drive into compliance with city ordinances, the city must acquire the required right -of -way. Attached is a copy of the plat of Tiffany Acres, which shows the properties affected. The right -of -way width required by the city for industrial or commercial property is 60'. Therefore, each property owner along Michael Drive will be required to dedicate a 30' wide strip of property along the frontage of Michael Drive measured from the centerline of Michael Drive. Staff has prepared detailed cost estimates in previous memorandums to City Council outlining the costs of constructing the required infrastructure to bring the area into compliance. The cost associated with the reconstruction of Michael Drive is dependent on whether the existing gravel base is sufficient for the road base. Staff has retained the services of a Roan Engineers, a geotechnical engineering firm, to perform tests on the gravel base to determine if the in situ gravel is sufficient to use as the road base. A report will be submitted to staff with the test results and recommendations on November 29, 1998. Therefore, staff will be prepared to discuss the cost associated with reconstructing Michael Drive in more detail at the City Council meeting. Once staff has received authorization to acquire the right -of -way for Michael Drive, a surveying firm will be retained to produce the required instruments necessary to obtain the right -of -way from each property owner. � I Recommendation Staff recommends authorizing staff to proceed with acquisition of right -of -way for construction of Michael Drive. Please place this item on the December 1, 1998 Regular City Council Agenda for Ci Council review and consideration. BWC? L ''' -) Attachments: Tiffany Acres Plat 1 OD -1 • fte.:1 Je, i .r. .. ... POINT OF BEGINNING [-xi. /!/. :..: c1Js!:./1,. , , • • S i rni 1.r F•esti 1 y • • ■.,` • ■1 • L RusidoneiJi ' _ _ •=1 ' _ _ _ . , . . . . . _ ..... : ' _ __ _ . _ ...._ . _ j ' ...... 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MICHAEL DRIVE 2"1-rE.V I - .-: • , -- - - s• z. ..( ‘- —.4.1.111.11011.11.11C 7 -LA- o LL( GRAIPEIC SCALE • EDI ... , ........... --„, 10D-2 .._ Reinvestment Zone #1, Southlake Creation Process Actual Schedule of Events Sep-97 Oct -97 Nov -97 Dec -97 S M T W T F S S M T W T F S S M T W T F S S M T W T F S 1 2 3 4, 5; 6 I 1 2 3 4 1 1; 2: 3 4. 5 1 6 7'8,9 10 516 7 8 9!1011 2 3'4'156 7 8 7 1 8 • 9 1 10 11 12 13 14!15116 171 181 19 20 12 13 9s 10 11!12,13'14!15 14'15'16;17;18'19 20 211 22 23 124 251 26 27 19 20 211 22 231 24 25 161 17 18 19 201 21 j 22 21 22! 231 241 25 ! 26 ; 27 28 129 301 1 1 ; 26' 271 281 29 30 ! 311 231 24 251 261 27 281 29 281 291 30 ! 1 1 I 30f 1 1 1 i 1 I Date Day Event 24- Jun -97 Tuesday City Council Meeting Adoption of Resolution 97 -43 setting a Public Hearing on the creation of Reinvestment Zone #1, Southlake (approved 6 -0) TIRZ Boundaries: 646 acres Project Cost: $80 million - 20 year life 25- Jun -97 Wednesday Preliminary Project and Financing Plan and Notice of Public Hearing sent to Overlapping Taxing Units 5- Aug -97 Tuesday City Council Meeting 1st Reading of Ordinance 682 creating Reinvestment Zone #1, Southlake and creating Board of Directors (approved Consent Agenda 6 -0) 2- Sep -97 Tuesday City Council Meeting 2nd Reading (Public Hearing) and Adoption of Ordinance 682 creating Reinvestment Zone #1, Southlake (Table 7 -0) 16- Sep -97 Tuesday City Council Meeting 2nd Reading (Public Hearing) and Adoption of Ordinance 682 creating Reinvestment Zone #1, Southlake (Table 7 -0) 22- Sep -97 Monday CISD School Board Meeting Presentation of Preliminary Project and Finance Plan Page 1 12/1/98 Date Day Event 23- Sep-97 Tuesday Tarrant County Commissioner's Court Presentation of Preliminary Project and Finance Plan 23- Sep -97 Tuesday City Council Meeting 2nd Reading (Public Hearing) and Adoption of Ordinance 682 creating Reinvestment Zone #1, Southlake (approve 5 -0) TIRZ Boundaries: 256 acres Project Cost: $26 million - 20 year life Town Hall $ 7.8 million Establish number of members to Board of Directors - not less than 7 and no more than 12; with terms for CC to reflect City Council terms and 1 additional CISD member 25- Sep -97 Thursday Tarrant County Hospital District Board Meeting Presentation of Preliminary Project and Finance Plan 22- Oct -97 Wednesday Meeting with overlapping taxing jurisdictions - Staff Briefing Discussion of Preliminary Project and Financing Plan 23- Oct -97 Thursday Tarrant County Junior College Board Meeting Presentation of Preliminary Project and Finance Plan Approval of Letter of Intent to Participate Appointment of Dr. Larry Darlage to serve as TCJC Representative on Reinvestment Zone Board of Directors 28- Oct -97 Tuesday Tarrant County Commissioner's Court Approval of Letter of Intent to Participate 4- Nov -97 Tuesday City Council Meeting Adoption of Resolution 97 -70 appointing eight members to the Reinvestment Zone Board of Directors (approve 6 -0) 5- Nov -97 Wednesday Reinvestment Zone Board Meeting Discussion of Preliminary Project and Financing Plan Page 2 12/1/98 Date Day Event 12- Nov -97 Wednesday Reinvestment Zone Board Meeting Discussion of Preliminary Project and Financing Plan Discussed proposed boundary change to 408 acres for expanded school projects with full participation of CISD 17- Nov -97 Monday CISD Board Meeting Resolution of Intent to participate passed and Dr. Ted Gillum appointed to serve as CISD's representative on the Reinvestment Zone Board. 18- Nov -97 Tuesday Tarrant County Commissioner's Court Appointment of Ms. Jane Sanford to serve as Tarrant County's Representative on Reinvestment Zone Board of Directors 18- Nov -97 Tuesday City Council Meeting 1st Reading of Ordinance 682 -A Amending Boundary (approve 6 -0) TIRZ Boundaries: 408 acres Project Cost: $116.9 million - 20 year life Town Hall $ 7.8 million School projects: $ 54.5 million 19- Nov -97 Wednesday Joint COS /CISD Worksession Discussion of CISD Participation 20- Nov -97 Thursday Tarrant County Junior College Board Meeting Approval of Participation Agreement 2- Dec -97 Tuesday City Council Meeting 2nd Reading of Ordinance 682 -A Amending Boundary and Extending Life of Zone (approve 6 -0) TIRZ Boundaries: 408 acres Project Cost: $116.9 million - 40 year life Town Hall $ 7.8 million School projects: $ 54.5 million 1st Reading of Ordinance 690 Approving Final Project and Finance Plan (approve 6 -0) TIRZ Boundaries: 408 acres Project Cost: $116.9 million - 40 year life Town Hall $ 7.8 million School projects: $ 54.5 million Page 3 12/1/98 Date Day Event 12- Dec -97 Friday Reinvestment Zone Board Meeting Approval of Final Project and Financing Plan (1) Project Plan (approved 8 -0) as presented on Sept. 23 TIRZ Boundaries: 256 acres (2) Financing Plan(approved 8 -0) as presented at meeting Project Cost: $48.5 million - 20 year life Town Hall $ 10 million School projects: $20 million for stadium 16- Dec -97 Tuesday City Council Meeting 2nd Reading of Ordinance 690 Approving Final Project and Finance Plan TIRZ Boundaries: 256 acres Project Cost: $ 48.5 million - 20 year life Town Hall $ 10 million School projects: $20 million for stadium 16- Dec -97 Tuesday Adoption of Resolution 97 -80 Appointing the Mayor to serve as chair of the Reinvestment Zone Board 6- Jan -98 Tuesday Tarrant County Commissioner's Court Approval of Participation Agreement with the City City Council Meeting Approval of Participation Agreements with the County, TCHD, and TCJC 8- Jan -98 Thursday Tarrant County Hospital District Board Meeting Approval of Participation Agreement with the City Appointment of Ms. Drenda Witt to serve as TCHD Representative on Reinvestment Zone Board of Directors Page 4 12/1/98 4 co c g � � d .. . 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