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1997-05-06CITY OF SOUTHLAKE, TEXAS 667 NORTH CARROLL AVENUE REGULAR CITY COUNCIL MEETING MAY 6, 1997 MINUTES COUNCILMEMBERS PRESENT: Mayor Rick Stacy; Mayor Pro Tem W. Ralph Evans; Deputy Mayor Pro Tem Pamela Muller. Members: Scott Martin, Gary Fawks, David Harris and Wayne Moffat. STAFF PRESENT: Curtis Hawk, City Manager; Shana Yelverton, Assistant City Manager; Darcey Imm, Assistant to the City Manager; Kevin Hugman, Community Services Manager; Lou Ann Heath, Director of Finance; Bob Whitehead, Director of Public Works; Ron Harper, City Engineer; Greg Last, Director of Community Development; Karen Gandy, Zoning Administrator; Kim Lenior, Director of Parks and Recreation; Billy Campbell, Director of Public Safety; Shelli Siemer, Community Services Coordinator; Shawn Poe, Engineer; Wayne Olson, City Attorney; and, Sandra L. LeGrand, City Secretary. INVOCATION: Mayor Pro Tem W. Ralph Evans. WORK SESSION: The work session was held to discuss agenda items by Council and staff. Mayor Rick Stacy called the Regular City Council meeting to order at 6:00 p.m. Agenda Item #2-A. Executive Session Mayor Rick Stacy advised the audience that Council would be going into executive session pursuant to Chapter 551 of the Texas Government Code, Section 551.071, 551.072, 551.074, 551.076 of the Open Meetings Act, to seek the advice of the City Attorney with respect to pending and contemplated litigations, to discuss the purchase, exchange, lease or sale of real property and to consider the appointment and evaluation of public offi'cials, and regarding the deployment of specifi'c occasions for implementation of security personnel or devises. Council adjourned into executive session at 6:12 p.m. Council returned to open session at 7:10 p.m. Agenda Item #2-B. Action Necessary/Executive Session No action was taken as the result of the executive session. Aeenda Item #3. Approval of the Minutes of the April 15. 1997 City Council Meetine. REGULAR CITY COUNCIL MINUTES OF THE MAY 6, 1997 MEETING PAGE 1 Motion was made to approve the Minutes of the April 15, 1997, City Council meeting as amended by the City Secretary. Motion: Harris Second: Fawks Ayes: Harris, Fawks, Muller, Moffat, Martin, Evans, Stacy Nays: None Approved: 7-0 vote At this time the City Secretary administered the Oath of Office to Mayor Rick Stacy and Councilmember Place 2, Wayne Moffat. They will serve three (3) year terms ending in May, 1999. Agenda Item #4-A. Mayor's Renort Mayor Rick Stacy noted the following during the Mayor's Report: Proclamation to the Southlake Chamber of Commerce, indicating National Chamber of Commerce Week. Presentation made to Larry Flynn, Chairman of Chamber. Proclamation presented to members of the City of Southlake Public Works staff in honor of National Public Works Week May 18-24. Mayor Stacy thanked staff members for their work on the 40th Birthday Celebration and Kite Festival. He stated he won 2nd place in the kite flying contest. Special thanks to Tracy Southers for chairing the event. Announcement was made that the June Retreat will be held on June 10 and 11, at Solana Education Center. More information will follow. Southlake Chamber of Commerce 1 lth Annual Golf Tournament will be held on Monday, May 19, 1997 at Trophy Club Country Club. If interested, call the Chamber office at 481-8200. Southlake Newcomers Club is offering two $1,000 scholarships to Southlake graduating students. If interested contact the chairman, Linda McNeeley. Councilmember Gary Fawks thanked those who participated in the Walk for Amy on Saturday, May 3, 1997, as well as the local press for coverage. This was a very worthwhile cause. There will be a Joint SPIN and City Council meeting on May 15, 1997 at 7:30 p.m. in the Community Building at Bicentennial Park. REGULAR CITY COUNCIL MINUTES OF THE MAY 6, 1997 MEETING PAGE 2 May 22, 1997, is the ground breaking for the new Home Depot Store. Council is invited to attend. MetroPort Cities Partnership will meet at Southlake Council Chambers on Thursday morning, May 15, 1997 at 7:30 a.m. Mayor Stacy commented on the Mayor's and Council's "Steak and Beans" dinner which was held at the Grapevine Central Fire Station, as the result of the "bet" between Mayor Tate and Mayor Stacy on the results of the Carroll-Grapevine football game held last fall. Councilmember David Harris commented on the complaint from Mr. ~a--q~vith regard to comments made by Councilmembers Moffat and Martin at the previous Council meeting with regard to Jerry Black's zoning issue. Councilmember Harris commented on actions being taken by the City staff with regard to Board and Commission members personal addresses and telephone numbers appearing on the Web-Site and other public lists. This action is the result of a complaint made by a citizen. Agenda Item #4-B. City Manager's Report No comments were made during the City Manager's Report. Agenda Item #4-C. SPIN Report The SPIN report was made by Pattie Minder, SPIN #8 Representative who commented on issues in her area including: redesignment of commercial building in Woodland Heights and, traffic control with the opening of the new Home Depot. She commented that SPIN Chairman, David Baltimore, is doing an excellent job and thanked him for the time he is giving to the community. Agenda Item #5. Consent Agenda The consent agenda consisted of the following items: 5-A. Authorizing the Mayor to execute a contract for sale of 1.22 acres located in the T. Easter Survey, Abstract No. 474 (Lyford Trac0. 5-B. This item left intentionally blank. Authorize the Mayor to execute a contract for sanitary sewer improvements in North Peytonville Avenue to construct a six-inch sanitary sewer line from east of Myers Meadow to approximately 300 feet to the east of Ten Bar Trail. REGULAR CITY COUNCIL MINUTES OF THE MAY 6, 1997 MEETING PAGE 3 Authorize the Mayor to execute a contract for water ground storage tank and Booster Pump Station No. 1 (W. Southlake Blvd., at Pearson Lane) to construct an intruder resistance fence. 5-E. Authorize the City Manager to execute a lease agreement for placement of antenneas on Dove Elevated Water Tower, 100 West Dove Road, with Southwestern Bell Wireless, Inc. 5-F. Authorize the Mayor to execute a contract with HDR Engineering for professional services for a F.M. 1709 Traffic Management Study. Ordinance No. 480-236, 1st reading (ZA 97-013), Rezoning and Site Plan for Antioch Church and Ministries, being approximately 2.9571 acres situated in the J. Childress Survey, Abstract No. 253, and being Tract lEI and 1E2A. Ordinance No. 480-240, 1st reading (ZA 97-017), Rezoning of 1966 East Dove Road, being approximately 0.505 acres situated in the Francis Throop Survey, Abstract No. 1511, and being tract 1B3A. 9-G. Resolution No. 97-31, appointment of a City Health Authority and City Health Officer. Oath of Office. 10-C. Commercial Developer Agreement for Christian Men's Network, located on the south side of Countryside Court, approximately 500' west of the intersection of Countryside Court and North White Chapel Boulevard. Motion was made to approve the consent agenda consisting of #5-A, #5-C, #5-D, #5-E (to reflect changes in the contract) #5-F, #8-B, #8-F, #9-G, and #10-C. Motion: Harris Second: Muller Mayor Stacy read the caption of Ordinance No. 480-236 and Ordinance No. 480-240 Ayes: Harris, Muller, Moffat, Martin, Evans, Fawks, Stacy Nays: None Approved: 7-0 vote The Oath of Office was administered to Dr. John Ansohn upon his appointment as the City Health Offieer. ADDITIONAL INFORMATION ON CONSENT ITEMS City Council authorized staff to sale the 1.22 acres of land formerly owned by Bob Lyford. Staff requested public bids. One bid was received from Georgetown Monticello Partners, Ltd., who offered $32,000. This is the group that developed Georgetown Park which is adjacent to the City's property. REGULAR CITY COUNCIL MINUTES OF THE MAY 6, 1997 MEETING PAGE 4 Authorize the Mayor to execute a contract for sanitary sewer improvements on North Peytonville Avenue and to construct a six-inch sanitary sewer line from east of Myers Meadow to approximately 300' east of Ten Bar Trail. This project is being expanded by 300' to provide service to additional homes north of Ten Bar Trail. The budget for the original project was $20,000. Additional funds needed for the project ($22,893) arc available in the Utility Fund. Authorize the Mayor to execute a contract to construct a intruder resistant fence at Booster Pump Station No. 1. Staff recommends that the City Council award the bid to low bidder Superior Concrcte Fence of Texas in the amount of $161,505.00. This is for a brick ercte, prccast concrete fence. Lease Agreement on the Dove Elevated Water Tower, 100 West Dove Strcet, with Southwestem Bell Mobile Systems. The contract will be with Southwestern Bell Wireless, Inc. The agreement specifies an annual lease payment of $11,400. Award of a contract with HDR Engineering for professional services on traffic signals, geometric and medians on Southlake Boulevard. Council has requested that staff analyze the placement of traffic signals on F.M. 1709, review the need for raised medians, and otherwise develop a plan of action for managing traffic on this major thoroughfare. Total cost of the project will be $22,100. Ordinance No. 480-236, 1st reading (ZA 97-013), Rezoning and Site Plan for Antioch Church and Ministries, being approximately 2.9571 acrcs in the J. Childress Survey, Abstract No. 253, and being Tracts lEI and 1E2A. Applicant: G. Phillip Morley. Owner: John Kelly. Ordinance No. 480-240, 1st reading (ZA 97-017), Rezoning of 1966 East Dove Road, being approximately 0.505 acres situated in the F. Throop Survey, Abstract No. 1511 and being Tract 1B3A. Owner and Applicant: Dennis E. McConn. 9-G. Resolution No. 97-31, appointing Dr. John Ansohn as City Health Officer for a two year term, ending in May, 1999. Dr. Ansohn was administercd the Oath of Office. 10-C. The Commercial Developer Agreement for Christian Men's Network, located on the south side of Countryside Court, approximately 500' west of the intersection of Countryside Court and North White Chapel Boulevard. The usual requirements for performance bonds, letters of credit or cash escrow, and indemnification arc incorporated in the agreement. This agreement has no modifications. They are extending the roadway in order to expand their facilities. Mayor Rick Stacy noted for the audience that agenda item #7-D, will be tabled at the request of the applicant time certain May 20, 1997; Agenda Item #7-E, will be tabled time certain May 20, REGULAR CITY COUNCIL MINUTES OF THE MAY 6, 1997 MEETING PAGE 5 1997; Agenda Item #8-G, will be tabled until July 15, 1997, at the request of the applicant; and no action will be taken tonight on agenda item #8-H. Agenda Item #6. Public Formn No comments were received from the audience on the public forum. Agenda Item/g'/-A. Ordinance No. 480-231. 2nd readine fZA 9%0051. Rezoning and Site Plan for Professional Office Building. Ordinance No. 480-231, 2nd reading (ZA 97-005), Rezoning and Site Plan for a Professional Office Building being Tract lA in the A.A. Freeman Survey, Abstract No. 522, and being approximately 1.344 acres. Current zoning is "AG" Agricultural District with a requested zoning of "S-P-1" Detailed Site Plan District limited to "O-1" Office District uses. Applicant: Medical Air Services Association. Owner: Jerry Black. SPIN Neighborhood #13. Karen Gandy, Zoning Administrator, commented that the applicant has attempted to make the changes as recommended by Council during the first reading. They still do not meet the articulation requirements although the difference needed is approximately one foot. They have lowered the height of the building as recommended and have done some research on the height of buildings in SouthRidge Lakes to confirm that they're shorter than the tallest home. The pitch of the roof was lowered to 5:12 (less steep) rather than the recommended 7:12 in order to meet the height limitation. The surrounding opposition is still greater than the 20% threshold so a super majority vote will be required for approval by Council. A copy of the petition with opposing signatures is on file in the Community Development Department of City Hall. Tim Green, President, Medical Air Services Association. Mr. Green made a presentation, outlining the items that have been changed pursuant to the first reading of the ordinance. Mr. Green noted that closing on this property will take place after approval or denial of the ordinance. Councilmember Muller stated because an item has approval votes on first reading is not necessarily the case on second reading. She stated that Mr. Black is not entitled to special privileges because of his length of residency. Councilmember Wayne Moffat commented that much a-do have been made about the emotional state of this action. He noted the only emotional involvement he has in this or any other issue, is his desire to do the right thing-- if anyone disagrees with this, then we will have to agree to disagree. PUBLIC HEARING: REGULAR CITY COUNCIL MINUTES OF THE MAY 6, 1997 MEETING PAGE 6 Richard Ponder, 1200 Sabine Court, Southlake. Mr. Ponder stated this is the 5th time he appealed to the Planning and Zoning Commission or the City Council, as the zoning is inconsistent to the Land Use Plan. Selective zoning is dangerous, according to Mr. Ponder. Bill Leafy, 1204 Sabine Court, Southlake. Mr. Leary referenced the Corridor Overlay Plan. David Dalton, 300 Ginger Court, Southlake. Mr. Dalton referenced water ran-off from the property in question onto his property in Ginger Court. Kim Matin, 200 Ginger Court, Southlake. Ms. Mm'in stated she agrees with her neighbors, stating it is a dangerous precedent allowing two story commercial next to residential property. She is opposed to such a large building and a dumpster next to the tennis courts. Water drainage is a concern. If approved, she asked staff to study the drainage issue. Ken MacMorran, 1202 Sabine Court, Southlake. Mr. MacMorran stated he does not want to be argumentative but rather part of the solution. If in fact Mr. Black is a twenty-five year resident, what kind of consideration should Ms. Alexander get?. He stated we need balance, we need a plan for the City. Is the Land Use and Corridor Overlay Study relevant anymore? What is the plan? Harold Knight, 1749 East Highland, Southlake. Mr. Knight stated he is a forty-one year resident. This building will be in the best interest of the entire city--whether it is approved by voting, from the heart, or using a common sense approach. Lindall Dorsett, 1207 Normandy Drive, Southlake. Mr. Dorsett stated he is concerned about traffic on F.M. 1709 and the building will be adding additional traffic. It appears it is a hasty decision from the Council. Zena Rucker, 650 South Carroll Avenue, Southlake. Ms. Rucker stated it would give us better balance to have commercial on F.M. 1709. It was agreed years ago that 1709 and 114 would be commercial. The area is appropriate, the building is beautiful and she is in favor of commercial location on F.M. 1709. Steve Stigers, 400 Ginger Court, Southlake. Mr. Stigers stated he moved here because it is so beautiful and this will effect the property values. J.L. Clow, 820 Shady Oaks Drive, Southlake. In support. Sandy Rhone, 816 Kleberg Court, Southlake. Ms. Rhone opposed. Carolyn Hayes, 807 East Southlake Boulevard, Southlake. Ms. Hayes believes this is the highest and best use for this property. Robert Rollick, 1208 Normandy Drive, Southlake. Mr. Rollick expressed opposition. REGULAR CITY COUNCIL MINUTES OF THE MAY 6, 1997 MEETING PAGE 7 Sara Van Cleve and Craig Van Cleve, 101 San Jacinto Court, Southlake. Opposed. June Heckman, 1303 Normandy Drive, Southlake. Opposed. Robert Lessner, 1102 Travis Court, Southlake. Opposed. Maggie Dalton, 300 Ginger Court, Southlake. Opposed. Steve Larkin, 400 Donley Court, Southlake. Opposed to the building size and height (should be kept to 35' high). Tom Chapman. Opposed Jeffrey Luchey, 300 SouthRidge Lakes Parkway, Southlake. Opposed. Gerald Matin, 200 Ginger Court, Southlake. Opposed. Victoria Luchey, 300 SouthRidge Lakes Parkway, Southlake. Opposed. Greg York, 904 Brazos, Southlake. Opposed. Donna Halley, 222 Westwood Drive, Southlake. In favor. Jerry Black, 1302 West Southlake Boulevard, Southlake. Mr. Black thanked everyone who supported him with this issue. Mary Fitzpatrick, Sabine Court Southlake. Ms. Fitzpatrick expressed concerns about the size of the building. Ms. Fitzpatrick feels this action is benefiting one family and leaving the town behind for others who have moved here for the beauty. Larry Flynn, 304 Sterling Court, Southlake. Mr. Flynn stated he is in support of Mr. Black, noting, not everyone in Arvida is opposed. He noted it is unrealistic to think of the Black property being residential. The project proposed is the least obtrusive. Kenneth Home, stated he is in favor of the zoning change. F.M. 1709 was rural property before Arvida got there. We have backed Mr. Black into a comer. If we have one hundred people who are opposed, lets get together and buy him out. Rob Hayden, Arvida. He stated he is not opposed, the people in Arvida are not opposed. The folks who don't care, don't show up. Public Hearing closed. REGULAR CITY COUNCIL MINUTES OF THE MAY 6, 1997 MEETING PAGE 8 Mayor Stacy received a group of cards in opposition. The cards are hereby made a part of the record and attached to the Minutes of this meeting. Councilmember Pamela Muller referenced the drainage issue. Ron Harper, City Engineer, stated the next stage in this case is a drainage study by Mr. Green. Harper noted, however, Mr. Green cannot be responsible for past drainage problems. Councilmember Scott Martin stated the option was made that the opponents buy Mr. Black out, and nothing has happened. No one in opposition has bothered to read the disclaimer on the Land Use Plan. This is the same type use. It is allowed and will continue to be allowed in residential. The size of the building is an issue, however, the residents homes in the city are larger than the building being proposed. Mr. Martin addressed the rural character of the city, noting he has lived here fifmen years and spent hundreds of hours of manpower to preserve the rural character of the city. We cannot stop development we can only try to require a high quality for developments. This is the best way to guarantee that we will have quality developments. Mr. Martin stated the City Council reviewed the Land Use Plan and will maybe make some changes. In all his years as an architect, he has not seen a building so nice as this one, with the landscaping and concessions and trees. He has had problems finding anything wrong with this development. This is a project City Council will be able to point to and say to the next guy that comes down the pike, "you need to be as good as this one." Councilmember David Harris commented that certain homeowners have tried to help with a solution. City Council has been subjected to pressure, however, he doesn't feel there is anyone out there who will respect a Council that buckles under pressure that is brought to bare by a neighborhood. Harris stated there is not a single person who sits on Council that votes who hasn't disagreed with me from time to time, and it has been for professional reasons and it has been for differences of opinions. Everyone up here has acted ethically in accordance with their conscience and shame on anybody who questions that or implies that there is anything other than the best interest of the city that motivates them. We have all worked up here and we have tired to find a win-win situation which is why we suggested mediation. The property will front, not five lanes of traffic, but on seven lanes of traffic. The developer of this property is prepared to invest more money into the project than anyone has in their house. We have looked at this from a factual analysis. Council will have to vote again on this issue. The audience may like it or they may not like it, but the proper way would be to approach Council and talk to us to our face and not talk about us behind our backs. Councilm. ember Moffat stated he apologizes for anything he might of said that implied he would treat Mr. Black over the audience unfairly. Moffat said he honestly believes that the application speaks for itself. REGULAR CITY COUNCIL MINUTES OF THE MAY 6, 1997 MEETING PAGE 9 Councilmember Evans stated he certainly appreciates everyone comments. We are about to vote on this issue; some of the audience may be happy and some may be unhappy. All of the Council is trying to do what is right for Southlake without aRempting to do any harm to anybody in Southlake, We sincerely feel that this is our charge, that this Council and other Councils have had the same charge. Again, he thanked the audience for their comments and concerns. Motion was made to approve Ordinance No. 480-231, 2nd reading (ZA 97-005), Rezoning and Site Plan for a Professional Office Building, pursuant to staff Site Plan Summary//5, dated 4-2-97 addressing item//lA (allowing it as proposed); Item gl-B, (allowing as proposed); Item #1-C, (allowing as proposed), #l-D, (allowing as proposed); #I-E, (allowing as proposed); forgiving any minor deviations in the articulation; accepting the revised landscaping plan as submitted, with the evergreen eastern red cedars and the berm in the rear of the properties as submitted in the revised plan; eliminate frost or erase the windows on the second flood of the north side of the building so that a six foot person cannot see out; accepting the lower building height at a new height of just something over thirty-eight feet; with a UBC Standard height measurement of thirty- one foot, one and 15/16 inches, a substantially lower amount; enclosing the north side of the balcony; limiting the building to a size not to exceed 10,000 sq.ft, as submitted; noting that the building does in fact not exceed the highest peak elevation in the SouthRidge Lakes Addition pursuant to the engineers documents provided to Council; there shall be no poll lighting in the parking lot; accepting the new revised lower pitch of the roof from 7-12 to 51/2-12; noting that the building shall be no closer than approximately 220' from the rear residential property line; noting that the dumpster location shall be no less than 70' from the residential property line; that the client has preserved the existing trees; and mitigated the lighting. Motion: Martin Second: Harris Mayor Rick Stacy read the caption of the ordinance. Ayes: Martin, Harris, Evans, Muller, Moffat, Stacy Nays: Fawks Approved: 6-1 vote Council adjourned for recess at 9:00 p.m. Council returned to open session at 9:15 p.m. Agenda Item/~7-B. Ordinance No. 480-234. 2nd reading (ZA 97-025~. Ordinance No. 480-234, 2nd reading (ZA 97-025), Rezoning of approximately 0.773 acres situated in the Obediah W. Knight Survey, Abstract No. 899, and being a portion of Tract 3 and all of Common Green 36, Timarron Addition, Brenwyck, Phase 2. Current zoning is Agricultural District and "R-P-U-D" Residential Planned Unit Development, with a requested zoning of "SF-30" Single Family Residential District. Applicants: Mike and Carol Rucker. Owners: Rucker Family Trust-William and Zena Rucker (Tract 3, Obediah W. Knight Survey, Abstract No. 899) and Westerra Timarron L.P.( Common Green 36), Timarron Addition, REGULAR CITY COUNCIL MINUTES OF THE MAY 6, 1997 MEETING PAGE 10 Bmnwyck, Phase 2). SPIN Neighborhood #9. Zena Rucker, owner, was present to answer questions for Council. PUBLIC HEARING: No comments were received during this time. Motion was made to approve Ordinance No. 480-234, 2nd reading as presented. Motion: Harris Second: Evans Mayor Rick Stacy read the caption of the ordinance. Ayes: Harris, Evans, Fawks, Muller, Moffat, Stacy Nays: None Approved: 6-0 vote (Martin out of the room) Agenda Item #7-C. Ordinance No. 480-235. 2nd reading (ZA 97-033~ Ordinance No. 480-235, 2nd reading (ZA 97-033), Rezoning and Concept Plan for Southlake Church of Christ, on property described as Lot 2, Brock Addition, an addition to the City of Southlake, according to the plat recorded in Volume 388-44, Page 40, Plat Records, Tarrant County, Texas. Current zoning is "CS" Community Service District with a requested zoning of "CS" Community Service District for Lot 2, Brock Addition. Applicant: FDS International. Owners: Southlake Church of Christ and A1 Peters (Lot 2) Brock Addition. SPIN Neighborhood #15. Karen Gandy, Zoning Administrator, made a short presentation stating the applicant has met all items in the Concept Plan Review Summary No. 1 dated March 27, 1997, with the exception of those items addressed in the Concept Plan Review Summary No. 2 dated April 11, 1997. PUBLIC HEARING: No comments were received during this time. Motion was made to approve Ordinance No. 480-235, 2nd reading subject to the Concept Plan Review Summary No. 2, dated April 11, 1997, to include the motion made by the Planning and Zoning Commission; subject to screening device of an eight foot evergreen mix adjacent to residential property; subject to the drawing showing the small building will be removed within five years; forgiving the requirement that they remove the residential driveway on Brock but limiting the use of the driveway to that building, in accordance to P & Z recommendation on item #4. Motion: Fawks Second: Evans Mayor Rick Stacy read the caption of the ordinance. Ayes: Fawks, Muller, Moffat, Harris, Evans, Stacy Nays: None Approved: 6-0 vote (Martin out of the room) REGULAR CITY COUNCIL MINUTES OF THE MAY 6, 1997 MEETING PAGE 11 Agenda Item #7-D. ZA 97-032. Site Plat'for Tetco Convenience Store ZA 97-032, Site Plan for Tetco Convenience Store, on property described as Lot 6, Block 6, SouthRidge Lakes, Phase C-l, and being approximately 0.918 acres situated in the A.A. Freeman Survey, Abstract No. 522. Current zoning is "C-3" General Commercial District. Applicant: Tetco Stores, Inc. Owner: SouthRidge Center, L.P. SPIN Neighborhood #13. Motion was made to table ZA 97-032, at the request of the applicant, time certain May 20, 1997, continuing the public hearing. Motion: Harris Second: Evans Ayes: Harris, Evans, Fawks, Muller, Moffat, Stacy Nays: None Approved: 6-0 vote (to table) (Martin out of the room) Agenda Item/f'/-E. Ordinance No. 675. 2nd readim, Granting consent to the assignment and transfer of cable television system Ordinance No. 675, 2nd reading, granting consent to the assignment and transfer of cable television system and franchise from Harron Cablevision to Marcus Cable, was tabled at the request of City staff, continuing the public hearing. Motion: Harris Second: Evans Ayes: Harris, Evans, Fawks, Muller, Moffat, Stacy Nays: None Approved: 6-0 vote (to table)(Martin out of the room) Agenda Item #7-F. Ordinance No. 665-A. 2nd reading Amendlng FY 96-97 Annual Budget Ordinance No. 665-A, 2nd reading, amending Ordinance No. 665, amending Fiscal Year 1996-97 Annual Budget was presented. Curtis Hawk, City Manager, stated Lou Ann Heath, Director of Finance was present to answer questions should there be any. A copy of the memorandum from Ms. Heath is hereby attached to the minutes of the meeting. PUBLIC HEARING: No comments were received during this time. Motion was made to approve Ordinance No. 665-A, 2nd reading, as presented. Motion: Fawks Second: Martin Mayor Rick Stacy read the caption of the ordinance. Ayes: Fawks, Martin, Evans, Muller, Moffat, Harris, Stacy Nays: None Approved: 7-0 vote REGULAR CITY COUNCIL MINUTES OF THE MAY 6, 1997 MEETING PAGE 12 A~nda Item/f7-G. Ordinance No. 480-220. 2nd reading (ZA 96-130~ Timarron Commercial Tract I Ordinance No. 480-220, 2nd reading (ZA 96-130), Rezoning and Concept Plan for Timarron Commercial, Tract 1, being approximately 58.202 acres situated in the James J. West Survey, Abstract No. 16230, Tract 1, as recorded in Volume 9827 Page 974, D.R.T.C.T. Current zoning is "AG" Agricultural District, with a requested zoning of "S-P-2" Generalized Site Plan District with Mixed uses, to include the following uses: "CS" Community Service District, "O-1" Office District, "0-2" Office District, "C-1" Neighborhood Commercial District, "C-2" Local Retail Commercial District, "C-3" General Commercial District, "B-1" Business Service Park District, "B-2" Commercial Manufacturing District and "HC" Hotel District. Owner and Applicant: Timarron Land Corporation. SPIN Neighborhood #2. Karen Gandy, Zoning Administrator, commented that City Council action taken on April 15, 1997 included: 1) delete nursing/care facilities and schools in all use categories; 2) extend uses on Tract lA to 300' east of Kirkwood ("B-1" uses allowed) per joint City Council and Planning and Zoning Commission work session packet dated March 27, 1997; 3) require future development regulations as passed. The applicant has met all items in the Concept Plan Review Summary No. 1 dated October 11, 1996, and Concept Plan Review Summary No. 2 dated April 11, 1997, with the exception of those items in the Concept Plan Review Summary No. 3 dated May 2, 1997. Ms. Gandy noted the pages numbered "DR" will be incorporated into the final ordinance (from the attached submittal dated April 21, 1997). Dennis Jerkey, Carter & Burgess, was present to answer questions of Council. He reviewed changes from the first reading of the ordinance. PUBLIC HEARING: No comments were received during this time. Steve Yetts stated Kirkwood is the natural divide as they see happening, and things can come together with the Site Plan stage. Mayor Stacy commented that Council will need to plan how to move the traffic through the commercial site. Motion was made to approve Ordinance No. 480-220, 2nd reading (ZA 96-130) subject to Staff Concept Plan Review Summary #3, dated May 2, 1997; incorporating the following: 1) in DR-12 maximum four stories or 60' in height in "HC"; 2) DR-15, Special Restriction add "area" after landscaping; 3) two comments on concept plan, "B-1" uses contiguous to western boundary on Parcel B; 4) and uses permitted in Parcel A will be no closer to White Chapel than 300' east of the extension of Kirkwood as shown. Motion: Martin Second: Harris Mayor Rick Stacy read the caption of the ordinance. REGULAR CITY COUNCIL MINUTES OF THE MAY 6, 1997 MEETING PAGE 13 Ayes: Martin, Harris, Evans, Fawks, Muller, Moffat, Stacy Nays: None Approved: 7-0 vote Agenda Item #8-A. Ordinance No. 480-221. 1st reading (ZA 96-131), Rezonlno and Concept Plan for Timarron Commercial. Tract II Ordinance No. 480-221, 1st reading (ZA 96-131), Rezoning and Concept Plan for Timarron Commercial, Tract II, being Tracts 3 and 4A in the Absalom H. Chivers Survey, Abstract No. 299, Tracts 1,2, and 3Al in the Larkin H. Chivers Survey, Abstract No. 300, and being approximately 271.908 acres. Currant zoning is "AG" with the requested zoning of "NR-P-U-D" Non-Residential Planned Unit Development for a Mixed Use Business Park to include the following uses: "CS" Community Service District, "O-1" Office District, "0-2" Office District, "C-l" Neighborhood Commercial District, "C-2" Local Retail Commercial District, "C-3" General Commercial District, "B-I" Business Service Park District, "B-2" Commercial Manufacturing District, "HC" Hotel Residential Estate District an ancillary residential uses (not exceeding 20.08 acres) from the "RE" Residential Estate District, "SF-1A" Single Family District, "SF-30" Single Family District, and "SF20-A" Single Family District. Owner and Applicant: Timarron Land Corporation. SPIN Neighborhood #4. Dennis Jerkey, Carter & Burgess, reviewed changes as recommended to Tract II, Timarron Commercial Development Regulations, noting the changes are similar to those made to the Tract I Development Regulations. Councilmember Gary Fawks stated as we develop along A and B and closer to residential uses, bufferyards and parking lots, he wants to see parking in those areas to be internal of the development. PUBLIC COMMENTS: Chris Ensenburger, 1505 North Carroll Avenue, Southlake. Mr. Ensenburger stated he feels the developers have never given the residents the chance to speak regarding this plan. The residents do not feel there was a process. He stated he feels "B-1" uses are objectionable. The corporation Campus style sounds fine to him, but without seeing a site plan he doesn't know for sure. He asked the building heights to be a maximum of 45 foot. Terry Mullaney, 1515 North Carroll Avenue, Southlake. Mr. Mullaney stated he delivered a letter to Council tonight and he would like it to be part of the record. The property owners have asked to meet with the developers, but the developers have made no attempt to sit down with the residents. There has not been a compromise. He asked the City Council to deny the request for a change of nB~l" on Primrose Lane. The referenced the ponds are going to be eliminated. Along Dove Road, everyone knows about the water mn-off. He stated he feels the corporate campus sounds like the best use of the property. He likes the 300' set-back with no buildings in REGULAR CITY COUNCIL MINUTES OF THE MAY 6, 1997 MEETING PAGE 14 that area. Christopher McGuire, passed. Martin Williams, North Carroll Avenue, Southlake. Mr. Williams lives in the middle of the flood plane and the site plan is critical to them. He asked Council to not vote on this until all the uses are known. Mr. Dennis Jerkey stated this is a three step process and this is step #1, stating, "we have to start someplace." They don't have a site plan at this time because they do not have users. He commented there were two SPIN group meetings which were set up so the residents could come see the process. Motion was made to approve Ordinance No. 480-221, 1st reading (ZA 96-131), subject to the Concept Plan Review Letter No. 2 dated May 2,1 997; under the permitted uses, delete #1 and #5 which is the school and institutional uses in the "CS" District; delete #16 in the "C-3" District which is the nursing facilities, medical facilities; delete #8 which is dry-goods in distribution in the "B-I" District; add area language to DR-15 and DR-17 as we did in Tract I; DR-12, add the language as in Tract I, that they will comply with any new ordinances as they come down the pike; C-l, C-2, C-3 uses in Parcel C; can have 50% of the entire Parcel C, which is 43.76 acres; show a 300' set-back from Carroll Avenue as we did in Tract I (the hatched area on the map); residential will be limited to 27.19 acres and not to exceed one dwelling unit per acre. Motion: Martin Second: Moffat Mayor Rick Stacy read the caption of the ordinance. Ayes: Martin, Moffat, Harris, Evans, Fawks, Muller, Stacy Nays: None Approved: 7-0 vote Agenda Item #8-C. Ordinance No. 480-237. 1st readln~ (ZA 97-019) Ordinance No. 480-237, ist reading (ZA 97-019), Rezoning and Concept Plan for Harrell Place, being approximately 5.8438 acres situated in the J.G. Allen Survey, Abstract No. 18 and being Tract lC. Current zoning is "AG" Agricultural District, with a requested zoning of "SF-20" Single Family Residential District. Owner and Applicant: Wayne Lee. SPIN Neighborhood #16. Karen Gandy, Zoning Administrator, commented that seventeen (17) notices were sent to property owners within the 200' notification area and five (5) responses have been received including: Thomas Van Fleet, 407 North Pearson Lane, Keller, undecided; Judith Wilson, 201 Harrell Drive, Southlake, opposed; Jerry O'Dell, 425 North Pearson Lane, Keller, opposed; John W. Oldham, 3165 Johnson Road, Southlake, in favor; Larry and Karen Carpenter, 3225 Johnson Road, Southlake, opposed; and one response was received outside the 200' notification area from Debra McMenamy, PTA President for Florence Elementary stating concerns regarding an REGULAR CITY COUNCIL MINUTES OF THE MAY 6, 1997 MEETING PAGE 15 increase in school-related traffic. Ms. Gandy stated that due to the Commission's recommendation to deny, a super-majority vote (6 or 7) of the City Council will be required to approve this request. Wayne Lee, owner and applicant was present to answer questions for Council. Bill Boomer, LanCon, Inc. Mr. Boomer stated they propose eight (8) lots of 3/4-acres which will serve as buffer between the larger lots and the school. He noted they are prepared to deal with the drainage concerns. Wayne Lee commented he could make the development work with seven (7) lots. PUBLIC COMMENTS: Don McMay, 3200 Gray Lane, Southlake. Mr. McMay expressed concerns with the serious drainage problems. He also expressed that he would like to see minimum one acre lots with a minimum of 2,200 sq.ft, residences. Tod Radford, 3185 Johnson Road, Southlake. Mr. Radford stated he wants one acre lots. George Goebel, 3110 Gray Lane, Southlake. Mr. Goebel stated he has one and one-half acre with a 3,000 sq.ft, house. He is up on the hill so that drainage problems won't hurt him. Ronnie Castleberry, 151 Harrell Drive, Southlake. Mr. Castleberry stated he has no drainage problems. He stated he has major problems with small lots, small houses. Larry Carpenter, 3225 Johnson Road, Southlake. Mr. Carpenter sated he is concerned with the price of the homes. Building more residences will make more drainage problems. Judy Wilson, 201 Harrell Drive, Southlake. Ms. Wilson stated she does not agree with anything Mr. Lee has said. She asked that her neighborhood not be changed: she wants the City to maintain the rural atmosphere. Bemard Poulin, 345 North Pearson Lane, Southlake. Tom Vanfleet, 407 North Pearson Lane, Southlake. Mr. Vanfleet stated he has lived there since 1978 and he would like the property in question to never be built on, but he would take residential development rather than commercial. He disagrees with Mr. Lee on three points: lot size, size of home and water mn-off. He is opposed to the development. Bobby Butler, 32110 Gray Lane, Southlake. Mr. Butler expressed concerns with drainage and water run-off. He asked that this request not be approved until Mr. Lee corrects the drainage REGULAR CITY COUNCIL MINUTES OF THE MAY 6, 1997 MEETING PAGE 16 issue. Mr. Wayne Lee asked the Council to give him six lots and he will make the homes 2,200 sq.ft. minimum. Motion was made to approve Ordinance No. 480-237, 1st reading; subject to the Staff Review Summary//2 dated April I1, 1997; making five (5) SF-1 lots and one SF-30 lot. Motion: Moffat Second: Evans Mayor Rick Stacy read the caption of the ordinance. Ayes: Moffat, Evans, Muller, Fawks, Martin, Harris, Stacy Nays: None Approved: 7-0 vote Councilmembers urged Mr. Lee to meet with the property owners prior to the second reading. Agenda Item #8-D. Ordinance No. 480-238. 1st readine (ZA 96-159L Karen Gandy, Zoning Administrator, commented that fifteen (15) notices were sent to property owners within the 200' notification area and five (5) responses were received from: Pamela and Lowell Morrison, 710 Whispering Wood Cimle, Southlake, undecided; Carol and John Demlow, 1775 Sleepy Hollow, Southlake, opposed; Bobby Struempler, 700 Whispering Wood Cimle, Southlake, opposed; Barbara Jo Gordon, 2715 East Southlake Boulevard, Southlake, opposed; Ira Johnson, 720 Whispering Woods Cimle, Southlake, opposed. Two (2) responses were received from outside the 200' notification area, from: Terry L. Wilkinson, President, Southlake Properties, Inc, in favor; Mr. and Mrs. Louis Kaposta, disapprove. Ms. Gandy stated during her second notification, the following persons responded: Catherine Verburg, P.O. Box 487, Grapevine, in favor; and, Gary Fickes and John Dorety, Exchange Boulevard II, Inc., 2875 Exchange Blvd., Southlake, in favor. Due to the Planning and Zoning Commission's recommendation to deny, a super-majority (6 of 7) of the City Council will be required to approve this request. John Levitt, Levitt Engineers, 726 Commerce, Southlake. Mr. Levitt was present representing the owner, Ken Smith. Councilmembers Harris and Fawks stated access and "O-1" Zoning District on Crooked Lane is a major concern. Bobby Struempler, stated he is concerned with what is going on behind his home. He does not object to "O-1" Zoning uses. REGULAR CITY COUNCIL MINUTES OF THE MAY 6, 1997 MEETING PAGE 17 Councilmember Pamela Muller stated she is not comfortable with voting on this issue tonight. Motion was made to approve Ordinance No. 480-238, 1st reading. Motion: Moffat Second: Harris Mayor Rick Stacy read the caption of the ordinance. Ayes: Moffat, Harris, Evans, Fawks, Martin, Stacy Nays: Muller Approved: 6-1 vote Agenda Item #8-E. Ordinance No. 480-239. 1st readine (ZA 97-028~ Ordinance No. 480-239, 1st reading (ZA 97-028), Rezoning of approximately 8.55 acres situated in the Thomas Easter Survey, Abstract No. 474, being a portion of Tracts 5, llA, and llB. Current zoning is "AG" Agricultural District with a requested zoning of "O-1" Office District. Owner and Applicant: Ken Smith. SPIN Neighborhood #7. Karen Gandy, Zoning Administrator, noted that nine (9) notices were sent to property owners within the 200' notification area and one (1) written response has been received from Southlake Market Loop LC., P.O. Box 2104, Grapevine, Texas, in favor. Two (2) responses have been received from outside the 200' notification ama from Johnny L. and Edna Beech, 701 Whispering Woods Cimle, Southlake, in favor; and Larry and Margie Rideout, 2737 Crooked Lane, Southlake in favor. Ms. Gandy noted on her second notification the following responses were received: Southlake Market Loop L.C., P.O. Box 794, Colleyville, in favor; Gary Fickes and John Dorety, Exchange Boulevard II, Inc., 2875 Exchange Blvd., Southlake, in favor; and Catherine Jurgensen, 4138 Willow Grove Road, Dallas, in favor. Ms. Gandy noted the change of zoning to the "O-1" Office District does not require a Concept Plan Review by staff. John Levitt, Levitt Engineers, was present representing the owner and applicant, Ken Smith. Mr. Levitt stated the buildings will be a residential style office building with a pitched roof. Them will be a single point of access onto Crooked Lane as shown on the plan. Motion was made to approve the 1st reading of Ordinance No. 480-239, acknowledging that the applicant has agreed to a residential style office building with a pitched roof and a single point of access onto Crooked Lane as shown. Motion: Fawks Second: Martin Mayor Rick Stacy read the caption of the ordinance. Ayes: Fawks, Martin, Harris, Evans, Moffat, Stacy, Muller Nays: None REGULAR CITY COUNCIL MINUTES OF THE MAY 6, 1997 MEETING PAGE 18 Approved: 7-0 vote Agenda Item #8-G. Ordinance No. 480-241.1st reading (ZA 9%034) Ordinance No. 480-241, 1st reading (ZA 97-034), Rezoning of 320 West Highland, being approximately 6.311 acres of land situated in the Thomas M. Hood Survey, Abstract No. 706, and being Tract 8D. Current zoning is "AG" Agricultural District with a requested zoning of "SF-1B" Single Family Residential District. Owner and Applicant: Terry Robert Seaborne. SPIN Neighborhood #11. Motion was made to table Ordinance No. 480-421, 1st reading, at the request of the applicant, time certain July 15, 1997. Motion: Martin Second: Muller Ayes: Martin, Muller, Harris, Evans, Fawks, Moffat, Stacy Nays: None Approved: 7-0 vote (to table) Agenda Item//10-A, Variance to Sign Ordinance No. 506~A. for Parkway Office. Bob Whitehead, Director of Public Works, noted the requested variances to the Sign Ordinance No. 506-A, Section 16 (c), (Subsections 3,4, and 7), and Sign Ordinance No. 506-B, for Parkway Office, 190 West Northwest Parkway, was withdrawn at the applicants request, after discussion with Council. Les Clow and Harold Knight were present and asked to have their item withdrawn. Agenda Item//10-B. Requested variances to S'mn Ordinance No. 506-A. Section 16-B (4't and 16-C (2.3. and 4~. for Village_ Center. Phase~ I and H and request to discuss the berm behind r n 114 Don Silverman, Midland Group, developers of the Village Center was present to request a variance to Sign//10, the existing Kroger Shopping Center sign, stating they are proposing to add some architectural integrity to it. Silverman stated they are going to use the existing structure, expanding out the base with stucco columns to match the center. They are not going to increase the sign itself, just make the crown smaller and add the Radio Shack name. Motion was made to approve Sign//10, granting a variance to a height of two feet two inches, and a square footage variance of the overall sign to 92.8 sq.ft, from 84 sq.ft. Motion: Fawks Second: Martin Ayes: Fawks, Martin, Harris, Evans, Muller, Moffat, Stacy Nays: None REGULAR CITY COUNCIL MINUTES OF THE MAY 6, 1997 MEETING PAGE 19 Approved: 7-0 vote Director of Community Development Greg Last led the discussion with regard to the Kroger berm issue, noting, there appears to be some confusion on the expectations regarding the berm behind the Kroger building. Although the berm design requirements were not included in any approval motions, there were commitments made by Mr. Silverman regarding his intent for the berm. Mr. Silverman stated he would like to discuss the issue with Councilmember Muller, P&Z member Dona Schroetke, and SPIN #8, Representative, Pattie Minder. No action was taken tonight with regard to the berm issue behind the Kroger Store. Greg Last, Director of Community Development, led the discussion with regard to the driveway between SH 114 and Home Depot. He noted the property behind the Home Depot was reserved for a driveway. They are now asking that the drive not be constructed. Councilmember Harris said if TxDot has sent the message that they do not want to build the road, we don't want to send them the message that they are developing SH 114 too fast. Motion was made to allow the developer to dispense with building the road between Home Depot and SH 114. Motion: Harris Second: Moffat Ayes: Harris, Moffat, Muller, Fawks, Evans, Martin, Stacy Nays: None Approved: 7-0 vote Agenda Item #10-D. Any action necessary_ pertaining to overiapnlng City of Southlake ETJ with Town of Westlake. or any ehan~es of boundaries as anoropriate. No action was taken on this item tonight. Agenda Item #11-A. Possible Snecial Election for August 9. 1997 for the pu _rpose of amending the City Charter and establishing a Crhne Control and Prevention District. No action was taken on this item tonight. Agenda Item #11-B. The creation of Justice Precincts and Election Precincts for the ourp_ ose of galling a Local Option Elect|on. No action was taken on this item tonight. At, enda Item g2-A. Executive Session. Continued REGULAR CITY COUNCIL MINUTES OF THE MAY 6, 1997 MEETING PAGE 20 Mayor Rick Stacy advised the audience that Council would be returning to executive session pursuant to the Texas Government Code, Section 551.074 of the Open Meetings Act, to consider the appointment and evaluation of public officials. Council adjourned to executive session at 1:$0 a.m. Council returned to open session at 3:00 a.m. Agenda Item g9-A. Resolution No. 97-25. an_nointment to SPDC Motion was made to appoint Rick Stacy and Pamela Muller to the Southlake Park Development Corporation as Council representatives, for two year terms and appointing Bethann Scratchard as the citizen appointment for a two year term and appointing Ronnie Kendall as the Park and Recreation Board representaf~ve also for a two year term. Motion: Harris Second: Fawks Ayes: Harris, Fawks, Muller, Moffat, Martin, Evans, Stacy Nays: None Approved: 7-0 vote Agenda Item #9-B. Resolution No. 97-26. Anoointments to the Plannine and Zonin~ Motion was made to appoint Jim Murphy to another two year term; to add F.C. LeVrier and Rob Jones to the P&Z for two year terms. Motion: Harris Second: Fawks Ayes: Harris, Fawks, Evans, Martin, Moffat, Stacy Nays: None Abstention: Muller Approved: 6-0-1 vote Agenda Item//9-C. Resolution No. 97-27. Appointments to Zoning Board of Adjustments Motion was made to approve John Smart, Ron Troy and Art Sorenson to two year terms and add George Dalton as Alternate//2 for a two year term; appoint Fred Joyce as Chairman and Art Sorenson as Vice-Chairman. Motion: Harris Second: Evans Ayes: Harris, Evans, Fawks, Muller, Moffat, Martin, Stacy Nays: None Approved: 7-0 vote A_eenda Item g9-D. Resolution No. 9%28. Appointments to the Buildin? Board of Al~I/~ala REGULAR CITY COUNCIL MINUTES OF THE MAY 6, 1997 MEETING PAGE 21 Motion was made to appoint Bobby Harrell to Place 1; John Raynal to Place 3; Don Light to Place 5; and add Michael Crowe as Alternate #2 for terms to expire in May, 1999. Motion: Harris Second: Evans Ayes: Harris, Evans, Fawks, Muller, Moffat, Martin, Stacy Nays: None Approved: 7-0 vote Agenda Ite~n #9-E. Resolution No. 97-29. Appointments to the Park and Recreation Board Motion was made to appoint Gary Beyer and Richard Anderson to the Park and Recreation Board for three year terms, and add Robin Jones for a one year term. Motion: Harris Second: Evans Ayes: Harris, Evans, Fawks, Muller, Moffat, Martin, Stacy Nays: None Approved: 7-0 vote Agenda Item g9-F. Resolution No. 9%30. Anoointments to the Senior Advisory_ Commission Motion was made to approve Resolution No. 97-30, appointing Martha Greenberg to Place 4; Wanda Buschman, to Place 5; Francis Wiser, to Place 6; Linda Moore and Zena Rucker as alternate for two year terms. Also appointing Crawford Hall to the commission in an at large position. Motion: Harris Second: Evans Ayes: Harris, Evans, Fawks, Muller, Moffat, Martin, Stacy Nays: None Approved: 7-0 vote Agenda Item #9-H. Resolution No. 97-34. Ap_oointlnents to Teen Court Advisory_ ]Board Motion was made to approve Resolution No. 97-34, appointing David Harris and Cathy Turner to the Teen Court Advisory Board for one (I) year terms. Motion: Fawks Second: Evans Ayes: Fawks, Evans, Muller, Moffat, Martin, Harris, Stacy Nays: None Approved: 7-0 vote Agenda Item #9-I. Resolution No. 97-35. Annointment to DFW Airport Liais0ll Resolution No. 97-35 was approved naming Councilmember Pamela Muller to serve as the liaison REGULAR CITY COUNCIL MINUTES OF THE MAY 6, 1997 MEETING PAGE 22 to DFW for the DFW Noise Forum and other related matters for a one year term. Motion: Harris Second: Fawks Ayes: Harris, Fawks, Muller, Moffat, Martin, Evans, Stacy Nays: None Approved: 7-0 vote Agenda Item //9-J. Resolution No. 97-32. Aooointment of Mayor Pro Tem and Deoutv Mayor Pro Tem Resolution No. 97-32, was approved naming W. Ralph Evans as Mayor Pro Tem and David A. Harris as Deputy Mayor Pro Tern for one (1) year terms. Motion: Fawks Second: Evans Ayes: Fawks, Evans, Muller, Moffat, Harris, Stacy Nays: Martin Approved: 6-1 vote Agenda Item//12. Ad_iournment The meeting was adjourned by Mayor Rick Stacy at 3:10 a.m. ATTEST: City Secretary REGULAR CITY COUNCIL MINUTES OF THE MAY 6, 1997 MEETING PAGE 23 City of Southlake, Texas AGENDA ITEM #7 -F MEMORANDUM April 30, 1997 TO: Curtis E. Hawk, City Manager FROM: Lou Ann Heath, Director of Finance SUBJECT: Ordinance No. 665 -A, 2nd Reading, Amending the FY1996 -97 Budget Ordinance No. 665 -A is presented to the Council to reflect changes to the Adopted FY1996 -97 Budget. These items have been discussed with the Council at previous meetings, and most address personnel issues to meet service demands. Exhibit "A" is an attachment to the ordinance, and includes a summary of the expenditure changes titled "Mid Year Budget Adjustments FY1996 -97 ", plus an "All Funds Summary" which reflects the changes by Fund. Fund integrity is maintained, as the adjustments reflect the fund balance at 18 %, within the adopted Fund Balance Policy which states a minimum of 15%, optimum of 25%. There is one adjustment to revenues. In the General Fund, Franchise Fees have been increased to reflect the GTE lawsuit settlement. For the year, $76,000 was budgeted for GTE. The City received $202,919, therefore the Franchise Fees budget is increased $127,000. Listed below is a summary of the Mid Year Budget Expenditure Adjustments for all Funds, and the allocation by Fund: New Personnel and related equipment $264,481 FY1995 -96 Approved items to be reappropriated $178,437 Professional Services $33.700 Total Expenditure Adjustments $476,618 General Fund $410,173 Utility Fund $66.445 Total Expenditure Adjustments $476,618 New Personnel previously approved by City Council: ► Human Resources Assistant Code Enforcement Officer- Zoning ► Community Services Manager Park Planning Construction Manager ► Court Administrator Public Works Project Manager ► Two Motorcycle Police Officers Assistant to Public Works Director Curtis E. Hawk Ordinance 665 -A, 1st Reading April 30, 1997 page 2 In FY1995 -96, the City Council approved several items that, because of various reasons, were not purchased during the year. Many of the purchases were initiated by placing an order, but could not be concluded prior to September 1996. These include the second ambulance for the Fire Services Division, conversion of field operations vehicles to alternative fuels, computer and radio equipment, and professional services relating to City entryway landscape design and Community Development software development. These items are presented for reappropriation by the Council, since the City Charter states that appropriations lapse at the end of the fiscal year. An additional item included for consideration is $20,700 in supplemental funding to develop the Drainage Master Plan, initially approved in the FY 1996 -97 budget for $100,000. The proposal received to develop the Plan was $120,700. A compensation study is proposed, which will be necessary in order to update the City's pay and classification plan in FY1997 -98. The Ordinance was approved by Council on first reading at their April 15 meeting. 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U C. •••••••••••••••••• •••••••••• ..................„----- 0 kr, ....................-......••••• MI < u — - --"--- --""" --------••••••••••••• ••••••••••••••••,--•••••-• ••••••••••••••••.'"--- •••••••••••••••••• ,.•••••••••• ................... ••••••••••• 1.. ti) Ceo CU 2 ................. ............ .............................. •.............::::::::::.:::::::::::::: •••••••••••••••••••••••••••••• ................ ............. > ••••••••••••••••••••••-••••••- ................... ••.•••••• .................. ........... .............................. .............................- .................• ••••••••.•• .............................. ................................... ••••••••••••••• -•"•••••••••••• 1 E' 7 - 3 m m a) G ................ .............. 1.... — = a 7r .................... •••••••••• .......................•••••••• ...........„....... .....................-........... 0 c • - • ,r ......-.............;....,..-.:.....-,:.:::.:.:.:.:.:.:;.::•.:.:. ••••••••••••--..,.......••••••••••• C/D LI., > - •.- * VD 0, AGENDA ITEM #8 -A May 6, 1997 City of Southlake City Council Members 667 N. Carroll Avenue Southlake, TX 76092 Reference No.: ZA 96 -31 City Council Members: As citizens and affected property owners, we have been consistent in our desire to see the proposed zoning changes for Timarron Tract II and Tract III proceed in a conscientious and cautious manner. Therefore, the sense that the process has developed a life of its own and must move forward because of the time already invested, has us greatly concerned. The product of many months of meetings and discussions is a voluminous, complex, and often confusing request for rezoning. As was evidenced at the work sessions between Planning & Zoning and the Council, attorneys for both sides have struggled to interpret and understand its intent. In addition to concern about the process, several critical issues came up during the months of discussion. Over and over again we heard that the Concept Plan stage was not the time to address these issues. We disagree. A quality process addresses these issues at the very start. If done properly, it should identify and address potential problems before they become an increased cost factor later on. Flood plain, storm water run -off, and sanitary sewer requirements are not issues that can wait for a later date. Our neighbors in Grapevine, Keller and Roanoke are already aware of the volatility of these issues to the voters and the cost of trying to retrofit a solution. The city has commissioned a study of these issues, and should hold their decisions until they have reviewed the impact that new development will have on existing properties. Safety and the security of our children are not issues that can wait for a later date. Tract II either borders or is in the vicinity of four schools, two churches and residential properties. A fifth school is a possibility in the future. New development brings more traffic, more strangers and more crime. To protect our children, the types of businesses, the set -backs and the number of access points were discussed at length. The problem with this approach is trying to compensate for the unknown through Special Use Permits and limitations to the allowable uses. It is far more prudent to assess the necessity or reasonableness of zoning restrictions and limitations against the backdrop of a site plan. The capacity of our infrastructure, police and fire departments is not an issue that can wait for a later date. Currently, all three are stretched to capacity. To cover the significant cost associated with upgrading these areas, and additional tax is being contemplated. This will merely support the current level of growth within the City. The possible annexation of a large office complex will create additional demands. Our resources are limited. Therefore, both our elected and appointed officials must be able to evaluate the impact rapid or massive development will have on our available resources -- particularly since any increases will become the direct burden of the citizens. If the Council approves these zoning changes, control passes from the City to the developer. As we do not know who the developer will ultimately be, this is a tremendous risk. Because of the negative impact this decision could have on the future of Southlake, we ask the Council to deny the rezoning requests for all property adjacent to schools and residential properties. As you have done in the past, the Council can reconsider this portion of the rezoning request when a site plan is presented. Only then can the Council guarantee that they are acting according to the wishes of their constituents. Zoning for those portions of the properties along Highway 114 can be approved as recommended by the Planning and Zoning Commission. Thank you for your consideration. Terrence C. & Susan A. Mullaney 1515 N. Carroll Avenue City of Southlake, Texas MEMORANDUM May 2. , 1997 TO: Curtis E. Hawk, City Manager FROM: Kevin Hugman, Community Services Manager SUBJECT: Ordinance No. 675, 2" reading, Granting consent to the assignment and transfer of cable television system and franchise from Harron Cablevision to Marcus Cable. This item was approved by City Council on first reading at the April 15, 1997 meeting. At the time, we told Council that since we already had a franchise agreement in effect with Marcus Cable, there was some question as to how that affected the transfer, and whether we would operate under two franchise agreements, or amend the current agreement with Marcus. Analeslie Muncy, City Attorney, has been unavailable for a couple of weeks, and we were unable to get her opinion on this matter, as she is the telecommunications expert on the City Attorney staff. I have discussed this question with her this week, and it is her recommendation we roll the Harron agreement under the Marcus agreement and operate under only one franchise agreement. Since there are some differences between the two agreements, we would want to ensure that we do not lose any current benefits we have under Harron's agreement when we transfer the cable system to Marcus and in effect, lose any protection we currently have under the agreement with Harron. An example of this is the access channel provided to the City under the franchise agreement with Harron. A similar service is not provided for in the Marcus franchise agreement. We plan to discuss these issues with Marcus Cable representatives next week. We have 120 days from receipt of the notice to transfer (March 13, 1997) to take action on transferring the franchise agreement from Harron to Marcus, therefore the City Council still has time to act on the matter. For the reasons noted above, I request that City Council table the second reading of Ordinance No. 675 until staff has resolved these differences in franchise agreements with Marcus Cable. I am available for any further questions you may have. KH City of Southlake, Texas CITY OF SOUTHLAKE, TEXAS OFFICE OF OFFICE STATE OF TEXAS COUNTY OF TARRANT /DENTON CITY OF SOUTHLAKE "I, BOBBY HARRELL, solemnly swear (or affirm) that I will faithfully execute the duties of a BUILDING BOARD OF APPEALS, of the City of Southlake, Texas, and will to the best of my ability preserve, protect, and defend the Constitution and Laws of the United States of America and of this State and the Charter and Ordinances of the City. I furthermore solemnly swear (or affirm) that I have not directly nor indirectly paid, offered, or promised to pay, contributed, nor promised to contribute any money or valuable thing, or promised any public office or employment, as a reward to secure my appointment or t e confirmation thereof. So help me God." / • 4 �i •1�1y H.rre11 SWORN TO AND SUBSCRIBED BEFORE ME, THIS THE 6TH DAY OF MAY, 1997. e 4.41"';14liee Z _ = Mayor Rick Stacy ATTEST: co iertmii{i1\o 1414444t. L. LeGrand City Secretary City of Southlake, Texas CITY OF SOUTHLAKE, TEXAS OFFICE OF OFFICE STATE OF TEXAS COUNTY OF TARRANT /DENTON CITY OF SOUTHLAKE " I, W. RALPH EVANS do solemnly swear (or affirm) that I will faithfully execute the duties of MAYOR PRO TEM of the City of Southlake, Texas, and will to the best of my ability preserve, protect, and defend the Constitution and Laws of the United States of America and of this State and the Charter and Ordinances of the City. I furthermore solemnly swear (or affirm) that I have not directly nor indirectly paid, offered, or promised to pay, contributed, nor promised to contribute any money or valuable thing, or promised any public office or employment, as a reward to secure my appointment or the confirmation thereof. So help me God." t a 2 • 01,i/ , W. Ralph Ev / s SWORN TO AND SUBSCRIBED BEFORE ME, THIS THE 6TH DAY OF MAY, 1997. 5?i----- v `t, m Mayor Rick Stacy nig ATTEST � � # - Sandra L. LeGrand City Secretary City of Southlake, Texas CITY OF SOUTHLAKE, TEXAS OFFICE OF OFFICE STATE OF TEXAS COUNTY OF TARRANT /DENTON CITY OF SOUTHLAKE " I, JIM MURPHY, solemnly swear (or affirm) that I will faithfully execute the duties of a PLANNING AND ZONING COMMISSIONER of the City of Southlake, Texas, and will to the best of my ability preserve, protect, and defend the Constitution and Laws of the United States of America and of this State and the Charter and Ordinances of the City. I furthermore solemnly swear (or affirm) that I have not directly nor indirectly paid, offered, or promised to pay, contributed, nor promised to contribute any money or valuable thing, or promised any public office or employment, as a reward to secure my appointment or the confirmation thereof. So help me God." urphy SWORN TO AND SUBSCRIBED BEFORE ME, THIS THE 6TH DAY OF MAY 1997. cy '' IS Mayor Rick S 37 r ATTEST: $' * 0 /4440,A,"/1 4A Sandra L. LeGrand City Secretary City of Southlake, Texas CITY OF SOUTHLAKE, TEXAS OFFICE OF OFFICE STATE OF TEXAS COUNTY OF TARRANT /DENTON CITY OF SOUTHLAKE "I, MICHAEL CROWE, solemnly swear (or affirm) that I will faithfully execute the duties of a BUILDING BOARD OF APPEALS, of the City of Southlake, Texas, and will to the best of my ability preserve, protect, and defend the Constitution and Laws of the United States of America and of this State and the Charter and Ordinances of the City. I furthermore solemnly swear (or affirm) that I have not directly nor indirectly paid, offered, or promised to pay, contributed, nor promised to contribute any money or valuable thing, or promised any public office or employment, as a reward to secure my appointment or the confirmation thereof. So help me God." Michael Crowe SWORN TO AND SUBSCRIBED BEFORE ME, THIS THE 6TH DAY OF MAY, 1997. dr P r Mayor Rick tacy ATTEST: ounu►►nn * s ou TIy " i,�� o 1 1/4 ac s Sandra L. LeGrand �? City Secretary � �� ,,,* nuO ```��```� City of Southlake, Texas CITY OF SOUTHLAKE, TEXAS OFFICE OF OFFICE STATE OF TEXAS COUNTY OF TARRANT /DENTON CITY OF SOUTHLAKE "I, JOHN RAYNAL, solemnly swear (or affirm) that I will faithfully execute the duties of a BUILDING BOARD OF APPEALS, of the City of Southlake, Texas, and will to the best of my ability preserve, protect, and defend the Constitution and Laws of the United States of America and of this State and the Charter and Ordinances of the City. I furthermore solemnly swear (or affirm) that I have not directly nor indirectly paid, offered, or promised to pay, contributed, nor promised to contribute any money or valuable thing, or promised any public office or employment, as a reward to secure my appointment or the confirmation thereof. So help me God." ohn Rayna SWORN TO AND SUBSCRIBED BEFORE ME, THIS THE 6TH DAY OF MAY, 1997. �u� 0KE�� - y Mayor ' ick Stacy - i ATTEST. o / / /la�ll W!t; ° Aklibt/ Sandra L. LeGrand City Secretary City of Southlake, Texas CITY OF SOUTHLAKE, TEXAS OFFICE OF OFFICE STATE OF TEXAS COUNTY OF TARRANT /DENTON CITY OF SOUTHLAKE "I, DON LIGHT, solemnly swear (or affirm) that I will faithfully execute the duties of a BUILDING BOARD OF APPEALS, of the City of Southlake, Texas, and will to the best of my ability preserve, protect, and defend the Constitution and Laws of the United States of America and of this State and the Charter and Ordinances of the City. I furthermore solemnly swear (or affirm) that I have not directly nor indirectly paid, offered, or promised to pay, contributed, nor promised to contribute any money or valuable thing, or promised any public office or employment, as a reward to secure my appointment or the confirmati • thereof. So • - • me God." im- D , n Light SWORN TO AND SUBSCRIBED BEFORE ME, THIS THE 6TH DAY OF MAY, 1997. _ Mayor Rick Stacy o /\ : ATTEST: Sandra L. LeGrand City Secretary City of Southlake, Texas CITY OF SOUTHLAKE, TEXAS OFFICE OF OFFICE STATE OF TEXAS COUNTY OF TARRANT /DENTON CITY OF SOUTHLAKE "I, GEORGE DALTON, solemnly swear (or affirm) that I will faithfully execute the duties of a BOARD OF ADJUSTMENTS MEMBER of the City of Southlake, Texas, and will to the best of my ability preserve, protect, and defend the Constitution and Laws of the United States of America and of this State and the Charter and Ordinances of the City. I furthermore solemnly swear (or affirm) that I have not directly nor indirectly paid, offered, or promised to pay, contributed, nor promised to contribute any money or valuable thing, or promised any public office or employment, as a reward to secure my appointment or the confirmation thereof. So help me God." Geor:e Dalton SWORN TO AND SUBSCRIBED BEFORE ME, THIS THE 6TH DAY OF MAY, 1997. Mayo Rick Stacy v �x ATTEST "I Sandra L. LeGrand City Secretary City of Southlake, Texas CITY OF SOUTHLAKE, TEXAS OFFICE OF OFFICE STATE OF TEXAS COUNTY OF TARRANT /DENTON CITY OF SOUTHLAKE " I, ART SORENSON, solemnly swear (or affirm) that I will faithfully execute the duties of a BOARD OF ADJUSTMENTS MEMBER of the City of Southlake, Texas, and will to the best of my ability preserve, protect, and defend the Constitution and Laws of the United States of America and of this State and the Charter and Ordinances of the City. I furthermore solemnly swear (or affirm) that I have not directly nor indirectly paid, offered, or promised to pay, contributed, nor promised to contribute any money or valuable thing, or promised any public office or employment, as a reward to secure my appointment or the confirmation thereof. So help me God." 7/7M/ ‘ i// j411Iii/L„ Art Sore .on SWORN TO AND SUBSCRIBED BEFORE ME, THIS THE 6TH DAY OF MAY, 1997. � 0uufp//ij, / • T EX 8 � ft dr, .„......,. �i� * Mayor Rick Stacy ATTEST: � Alf4t1/0t atitik, Sandra L. LeGrand City Secretary City of Southlake, Texas CITY OF SOUTHLAKE, TEXAS OFFICE OF OFFICE STATE OF TEXAS COUNTY OF TARRANT /DENTON CITY OF SOUTHLAKE " I, RONNIE KENDALL, solemnly swear (or affirm) that I will faithfully execute the duties of a DIRECTOR OF THE SOUTHLAKE PARK DEVELOPMENT CORPORATION of the City of Southlake, Texas, and will to the best of my ability preserve, protect, and defend the Constitution and Laws of the United States of America and of this State and the Charter and Ordinances of the City. I furthermore solemnly swear (or affirm) that I have not directly nor indirectly paid, offered, or promised to pay, contributed, nor promised to contribute any money or valuable thing, or promised any public office or employment, as a reward to secure my appointment or the confirmation thereof. So help me God." /eche/ Ronnie Kendall SWORN TO AND SUBSCRIBED BEFORE ME, THIS THE 6TH DAY OF MAY, 1997. A ounittom Arof T o p . Mayor Rick Stacy y ATTEST: it * 4.1 Myfitiow,f4k) Sandra L. LeGrand City Secretary City of Southlake, Texas CITY OF SOUTHLAKE, TEXAS OFFICE OF OFFICE STATE OF TEXAS COUNTY OF TARRANT /DENTON CITY OF SOUTHLAKE " I, PAMELA MULLER, solemnly swear (or affirm) that I will faithfully execute the duties of a DIRECTOR OF THE SOUTHLAKE PARK DEVELOPMENT CORPORATION of the City of Southlake, Texas, and will to the best of my ability preserve, protect, and defend the Constitution and Laws of the United States of America and of this State and the Charter and Ordinances of the City. I furthermore solemnly swear (or affirm) that I have not directly nor indirectly paid, offered, or promised to pay, contributed, nor promised to contribute any money or valuable thing, or promised any public office or employment, as a reward to secure my appointment or the confirmation thereof. So help me God." 1-(N.)-.\-P \\\N Ms Pamela Muller SWORN TO AND SUBSCRIBED BEFORE ME, THIS THE 6TH DAY OF MAY 1997. wm,, OF �i i v i VS. S. a! V * jc m Mayor ' ick Stacc ATTEST: Y a / ,/ fiail/g andra L. LeGrand City Secretary City of Southlake, Texas CITY OF SOUTHLAKE, TEXAS OFFICE OF OFFICE STATE OF TEXAS COUNTY OF TARRANT /DENTON CITY OF SOUTHLAKE " I, RICK STACY, solemnly swear (or affirm) that I will faithfully execute the duties of a DIRECTOR OF THE SOUTHLAKE PARK DEVELOPMENT CORPORATION of the City of Southlake, Texas, and will to the best of my ability preserve, protect, and defend the Constitution and Laws of the United States of America and of this State and the Charter and Ordinances of the City. I furthermore solemnly swear (or affirm) that I have not directly nor indirectly paid, offered, or promised to pay, contributed, nor promised to contribute any money or valuable thing, or promised any public office or employment, as a reward to secure my appointment or the confirmation thereof. So help me God." Rick tacy SWORN TO AND SUBSCRIBED BEFORE ME, THIS THE 6TH DAY OF MAY, 1997. onru * 2 N e. C57 _I V Mayor Rick Stacy A ATTEST: * 0. /Lk/0k 1/411/1 Sandra L. LeGrand City Secretary City of Southlake, Texas CITY OF SOUTHLAKE, TEXAS OFFICE OF OFFICE STATE OF TEXAS COUNTY OF TARRANT /DENTON CITY OF SOUTHLAKE " I, BETHANN SCRATCHARD, solemnly swear (or affirm) that I will faithfully execute the duties of a DIRECTOR OF THE SOUTHLAKE PARK DEVELOPMENT CORPORATION of the City of Southlake, Texas, and will to the best of my ability preserve, protect, and defend the Constitution and Laws of the United States of America and of this State and the Charter and Ordinances of the City. I furthermore solemnly swear (or affirm) that I have not directly nor indirectly paid, offered, or promised to pay, contributed, nor promised to contribute any money or valuable thing, or promised any public office or employment, as a reward to secure my appointment or the confirmation thereof. So help me God." Bethann Scratchard SWORN TO AND SUBSCRIBED BEFORE ME, THIS THE 6TH DAY OF MAY, 1997. ' �'� �� y am % v r= Mayor Rick Stacy " ATTEST: y *PA ‘ A Sandra L. LeGrand City Secretary City of Southlake, Texas CITY OF SOUTHLAKE, TEXAS OFFICE OF OFFICE STATE OF TEXAS COUNTY OF TARRANT /DENTON CITY OF SOUTHLAKE " I, DAVID A. HARRIS, solemnly swear (or affirm) that I will faithfully execute the duties of DEPUTY MAYOR PRO TEM of the City of Southlake, Texas, and will to the best of my ability preserve, protect, and defend the Constitution and Laws of the United States of America and of this State and the Charter and Ordinances of the City. I furthermore solemnly swear (or affirm) that I have not directly nor indirectly paid, offered, or promised to pay, contributed, nor promised to contribute any money or valuable thing, or promised any public office or employment, as a c i, reward to secure my appointment or the confirmat'on thereo . So help me God." c . --f/ -- _ David Harris SWORN TO AND SUBSCRIBED BEFORE ME, THIS THE 6TH DAY OF MAY, 1997. c '\F ` �. r�- i* • m = Mayor Rick " r v :x= ot ATTEST: 4# * ** ` `````�� 4 414A, % /1, ilkethm, Sandra L. LeGrand City Secretary City of Southlake, Texas CITY OF SOUTHLAKE, TEXAS OATH OF OFFICE STATE OF TEXAS COUNTY OF TARRANT /DENTON CITY OF SOUTHLAKE "I, WAYNE MOFFAT do solemnly swear (or affirm) that I will faithfully execute the duties of COUNCILMEMBER PLACE 2 of the City of Southlake, State of Texas, and will to the best of my ability preserve, protect, and defend the Constitution and Laws of the United States of America and of this State and the Charter and Ordinances of the City. I furthermore solemnly swear (of affirm) that I have not directly nor indirectly paid, offered, or promised to pay, contributed, nor promised to contribute any money or valuable thing, or promised any public office or employment, as a reward for the giving or withholding of a vote at the election at which I was elected. So help me God." b0 Wayn • Moffat 1 SWORN TO AND SUBSCRIBED BEFORE ME, THIS THE 6TH DAY OF MAY 1997. \ /11111111/ ! / � � i ((* m 8 4 40, Rick Stacy � ** ) Mayor of Southlake mmtnitoow ATTEST: . / .JL�.. � /L andra L. LeGrand City Secretary City of Southlake, Texas CITY OF SOUTHLAKE, TEXAS OATH OF OFFICE STATE OF TEXAS COUNTY OF TARRANT /DENTON CITY OF SOUTHLAKE "I, RICK STACY do solemnly swear (or affirm) that I will faithfully execute the duties of MAYOR of the City of Southlake, State of Texas, and will to the best of my ability preserve, protect, and defend the Constitution and Laws of the United States of America and of this State and the Charter and Ordinances of the City. I furthermore solemnly swear (of affirm) that I have not directly nor indirectly paid, offered, or promised to pay, contributed, nor promised to contribute any money or valuable thing, or promised any public office or employment, as a reward for the giving or withholding of a vote at the election at which I was elected. So help me God." Rick tacy SWORN TO AND SUBSCRIBED BEFORE ME, THIS THE 6TH DAY OF MAY, 1997. > EE Mayor of Southlake ATT ST: 0' ie 0/ / S. dra L. LeGrand City Secretary City of Southlake, Texas CITY OF SOUTHLAKE, TEXAS OFFICE OF OFFICE STATE OF TEXAS COUNTY OF TARRANT /DENTON CITY OF SOUTHLAKE " I, ROB JONES solemnly swear (or affirm) that I will faithfully execute the duties of a PLANNING AND ZONING COMMISSIONER of the City of Southlake, Texas, and will to the best of my ability preserve, protect, and defend the Constitution and Laws of the United States of America and of this State and the Charter and Ordinances of the City. I furthermore solemnly swear (or affirm) that I have not directly nor indirectly paid, offered, or promised to pay, contributed, nor promised to contribute any money or valuable thing, or promised any public office or employment, as a reward to secure my appointment or the confirmation thereof. So help me God." _.41.4 04 ---- Rob Jones SWORN TO AND SUBSCRIBED BEFORE ME, THIS THE 6TH DAY OF MAY, 1997. 4: ..{.,,, _ 0 ( 1 -- z A Mayor Rick Stacy me ATTEST % ,. ...,,,,.. o, ``.. 4 /Nol 11111\o / 6 ( 74440,A. A , Sandra L. LeGrand City Secretary City of Southlake, Texas CITY OF SOUTHLAKE, TEXAS OFFICE OF OFFICE STATE OF TEXAS COUNTY OF TARRANT /DENTON CITY OF SOUTHLAKE " I, F.C. Levrier solemnly swear (or affirm) that I will faithfully execute the duties of a PLANNING AND ZONING COMMISSIONER of the City of Southlake, Texas, and will to the best of my ability preserve, protect, and defend the Constitution and Laws of the United States of America and of this State and the Charter and Ordinances of the City. I furthermore solemnly swear (or affirm) that I have not directly nor indirectly paid, offered, or promised to pay, contributed, nor promised to contribute any money or valuable thing, or promised any public office or employment, as a reward to secure my appointment or the confirmation thereof. So help me God." LeVrier SWORN TO AND SUBSCRIBED BEFORE ME, THIS THE 6TH DAY OF MAY, 1997. Mayor Rick Stacy ATTEST: /d" i Sandra L. LeGrand City Secretary City of Southlake, Texas CITY OF SOUTHLAKE, TEXAS OFFICE OF OFFICE STATE OF TEXAS COUNTY OF TARRANT /DENTON CITY OF SOUTHLAKE " I, Dr. John Ansohn, do solemnly swear (or affirm) that I will faithfully execute the duties of City Health Offifcer of the City of Southlake, Texas, and will to the best of my ability preserve, protect, and defend the Constitution and Laws of the United States of America and of this State and the Charter and Ordinances of the City. I furthermore solemnly swear (or affirm) that I have not directly nor indirectly paid, offered, or promised to pay, contributed, nor promised to contribute any money or valuable thing, or promised any public office or employment, as a reward to secure my appointment or the confirmation ther- • f. , So help me God." Dr7a hn Ansohn SWORN TO AND SUBSCRIBED BEFORE ME, THIS THE 6TH DAY OF MAY, 1997. a or Rick tacy ATTEST: 71 LAL Sandra L. LeGrand City Secretary