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1997-12-02 REGULAR CITY COUNCIL MEETING 667 NORTH CARROLL AVENUE, SOUTHLAKE DECEMBER 2, 1997 MINUTES COUNCILMEMBERS PRESENT: Mayor Rick Stacy; Mayor Pro Tem W. Ralph Evans; Deputy Mayor Pro Tem David Harris. Members: Pamela Muller, Wayne Moffat, Scott Martin, and Gary Fawks. STAFF PRESENT: Curtis Hawk, City Manager; Shana Yelverton, Assistant City Manager; Darcey Imm, Assistant to the City Manager; Lou Ann Heath, Director of Finance; Bob Whitehead, Director of Public Works; Greg Last, Director of Community Development; Kim Lenior, Director of Parks and Recreation; Lauren Safranek, Director of Human Resources; Billy Campbell, Director of Public Safety; Kevin Hugman, Manager of Community Services; Karen Gandy, Zoning Administrator; Ron Harper, City Engineer; Shawn Poe, Capital Projects Coordinator; Chuck Ewing, Assistant to the Public Works Director; Wayne K. Olson, City Attorney; and, Sandra L. LeGrand, City Secretary. WORK SESSION: The work session began at 5:25 p.m., to discuss the agenda items for tonight's meeting. The following persons spoke during the work session: Dr. Presley, Principal of Carroll High School, addressed Council with regard to the request for a variance to the Sign Ordinance No. 506-B (agenda item #10-A). Dr. Presley stated they have made changes to the specifications requesting only variances to the electronic message center and off premises advertising for corporate sponsors. He noted the other school districts in the area are allowed electronic messages, and that it is a good public relations tool for the schools. He asked that consideration he taken in two parts. Agenda Item #1. Call to order. Mayor Rick Stacy called the Regular City Council meeting to order at 6:10 p.m. on December 2, 1997, welcoming all who were in attendance to the meeting. INVOCATION: Mayor Pro Tern W. Ralph Evans. Agenda Item #2-A. Executive Session Mayor Stacy advised the audience that the City Council will be going into executive session pursuant to the Open Meetings Act, Chapter 551 of the Texas Government Code, Sections 551.071, 551.072, 551.074, 551.076, to seek the advice of the City Attorney with respect to pending or contemplated litigations, to discuss the purchase, exchange, lease, or sale of real REGULAR CITY COUNCIL MEETING MINUTES OF DEC. 2, 1997 PAGE 1 OF 14 property and to consider the appointment, evaluation, reassignment, duties, discipline or dismissal of public officers or employees, and to discuss the deployment of specific occasions for implementation of security personnel or devices. Council adjourned for executive session at 6:11 p.m. Council returned to open session at 7:40 p.m. Agenda Item #2-B. Action Necessary/Executive Session Motion was made to authorize the staff to proceed with the acquisition of the property at the appraisal price with Mr. Jones. Motion: Harris Second: Evans Ayes: Harris, Evans, Fawks, Muller, Moffat, Martin, Stacy Nays: None Approved: 7-0 vote Agenda Item #3. Approval of the Minutes of the November 18, 1997 City Council Meeting Motion was made to approve the Minutes of the Regular City Council meeting held on November 18, 1997. Motion: Harris Second: Evans Ayes: Harris, Evans, Muller, Moffat, Martin, Stacy Nays: None Abstention: Fawks Approved: 6-0-1 vote Agenda Item #4-A. Mayor's Report Mayor Stacy made the following announcements during the Mayor's report: There will be a SPIN Summit follow-up luncheon on Wednesday, December 3, 1997 at noon at the Administrative Building. The 17th Annual Grapevine Christmas Parade will be held on Thursday, December 4, 1997 at dark. If Council is interested in riding on a Southlake Fire Department vehicle, please contact the City Secretary. The second Drug and Alcohol Prevention Committee meeting will be held on December 4, 1997 at 6:00 p.m. in the Community Center. The mayors of Southlake, Grapevine, and Colleyville will meet with the committee REGULAR CITY COUNCIL MEETING MINUTES OF DEC. 2, 1997 PAGE 2 OF 14 on the joint library issue. Southlake's committee consists of the Mayor, Deputy Mayor Pro Tern David Harris, and City Manager, Curtis Hawk. They will meet on December 8, 1997 at 4:00 p.m. in the City of Grapevine City Hall. The Mayor's Ethics Ordinance Review Committee will meet on Wednesday, December 10, 1997 at 12 noon in the Conference Room at the Administration Building. There will be a Joint SPIN and City Council meeting on Thursday, December 11, 1997 at 7:30 p.m. at Bicentennial Park. Age~da Item #4-B. City Manager's Re_oort No comments were made during the City Manager's Report. Agenda Item #4-C. SPIN Re_oort Jan Francis, SPIN #5 Representative, 1211 Ashmore Court, Southlake. Ms. Francis reported on the Joint SPIN meeting held with SPIN #3, #5, and #15, with regard to the Neighborhood Sewer Program, thanking Mayor Pro Tern Ralph Evans and Bob Whitehead, Director of Public Works, for their attendance at the meeting. Agenda Item #5. Consent A_eenda Mayor Rick Stacy read the items being considered under the Consent agenda, including: 5-A. Ordinance No. 683, 2nd reading, Sidewalk Ordinance. This item will be tabled until the December 16, 1997 City Council meeting. 5-B. Resolution No. 97-74, authorizing the Mayor to execute the "COPS" Universal Hiring Grant. 5-C. Resolution No. 97-75, authorizing the Mayor to execute the DARE Grant, 2nd year funding. 5-D. Resolution No. 97-76, authorizing a grant application to the Texas Department of Transportation for funding of highway safety and related projects. 5-E. Authorization to advertise for bids for school zone flasher assemblies. 5-F. ZA 97-148, Plat Revision for the proposed Lots 58R and 43R, Block 12, Timarron Addition-Brenwyck, Phase 2. REGULAR CITY COUNCIL MEETING MINUTES OF DEC. 2, 1997 PAGE 3 OF 14 Motion was made to approve the consent agenda consisting of the following items: g5-A, g5-B, g5-c, #5-D, g5-E, and g5-F with the Plat Review Summary Letter gl dated November 21, 1997. Motion: Harris Second: Martin Ayes: Harris, Martin, Evans, Fawks, Muller, Moffat, Stacy Nays: None Approved: 7-0 vote ADDITIONAL INFORMATION ON CONSENT ITEMS 5-A. Ordinance No. 683, 2nd reading, Sidewalk Ordinance. Staff is requesting that the second reading be tabled to December 16, 1997. Resolution No. 97-74, authorizing the Mayor to execute the "COPS" Universal Hiring Grant. The Southlake Department of Public Safety continues to utilize all available opportunities for resources to conduct its business, especially those that provide funding from outside sources. In this program the DPS will participate with the Federal Government for three years to provide an additional police officer for patrol operations. Resolution No. 97-75, authorizing the Mayor to execute the DARE Grant, 2nd year fund'mg. The City's DPS recently received the award for first year funding for a DARE Officer through the Criminal Justice Division of the Governor's Office. The City is currently in the process of filling that position, however, the state requires a new application each year in order to continue the original project funding beyond the first year. Resolution No. 97-76, authorizing the Mayor to execute the TxDot Grant. The Texas Department of Transportation has grant money available and the City has identified an oppommity that will allow us to apply for those grant funds to support a local traffic safety and education grant project. The City is applying for a program that will provide the payment of overtime to our officers to conduct specialized traffic safety and education projects, including conducting bicycle rodeos and education for the youth, motorcycle safety education, and roadway safety education programs to the community. Request to advertise for bids for school zone flasher assemblies. In the 1996-97 budget, City Council approved the purchase and installation of school zone flasher assemblies. Staff purchased a set of solar powered flashers for the Rockenbaugh Elementary School. The intent was to analyze the ease of installation of the solar powered assemblies to determine if Public Works crews could install these lights. Traditional flashers would have required electric power to be run from the nearest source, installation of an electric meter for eachlight, andpayment ofelectric fees tothe appropriate electric company. The installation and programming of the solar powered assemblies proved to be within the capabilities of our crews. Staff is requesting permission to advertise for bids for an REGULAR CITY COUNCIL MEETING MINUTES OF DEC. 2, 1997 PAGE 4 OF 14 additional eighteen (18) solar powered assemblies. Funds are available through the Capital Improvement Program funding. ZA 9%148, Plat Revision for Lots 58R and 43R, Block 12, Timarron Addition, Brenwyck, Phase 2, being a revision of Lot 58 and 43, Block 12, Timarron-Brenwyck, Phase 2, an addition to the City of Southlake, Tarrant County, Texas, according to the plat recorded in Cabinet A, Slide No. 2152, Plat Records, Tarrant County, Texas, out of the O.W. Knight Survey, Abstract No. 899, and being approximately 0.671 acres. Current zoning is "R-P.U.D' Residential Planned Unit Development District. Owner and Applicant: Drees Homes (735 Ashleigh) and Kerry Donegan (808 Oakcrest Cour0. Agenda Item//6. Public Forum Kenneth Horne, 1215 Ashmore Court, Southlake. Mr. Horne had questions in regards to agenda item #5-D, asking if this includes State Highway 114 in the local traffic safety and education grant project? He asked the City Councilmembers to remember that those on the north side of SH 114 need access to the Town Center. Curtis Hawk, City Manager, stated staff will continue to talk about alternatives for the SH 114 cross traffic. Agenda Item/f'/-A. Ordinance No. 480-263. 2nd reading CZA 97-143). Ordinance No. 480-263, 2nd reading (ZA 9%143), Rezoning and Site Plan for Lot 4R, Block B, North Davis Business Park, on property legally described as being Lot 4R, Block B, North Davis Business Park Addition, an addition to the City of Southlake, Tarrant County, Texas, according to the plat recorded in Cabinet A, Slide 253, Plat Records, Tarrant County, Texas. Current zoning is "I-1" Light Industrial District, with a requested zoning of "S-P-1" Detailed Site Plan District with "I-l" Light Industrial District uses, and limited to "B-2" uses. Owner: Van Til Properties. Applicants: Jaime A. and Brenda P. Garcia. SPIN Neighborhood #16. Karen Gandy, Zoning Administrator, reported that eleven (11) notices were sent to property owners within the 200' notification area and one (1) response was received from James W. Giffin, 3002 Briar Lane, Southlake, opposed. Ms. Gandy responded when asked by Councilmember Fawks, about the permitted uses allowed in the requested zoning "S-P-l" Detailed Site Plan District with "I-l" Light Industrial District uses and limited to "B-2" Commercial Manufacturing District, "that includes auto painting facilities, automobile body shops, brake shops, glass shops, seat cover and upholstery shops, transmission shops, automobile repair/service, oil and lube shops, and muffler shops." Jaime Garcia, applicant, was present for the meeting, and responded to Council concerns that all vehicles will be inside the building at all times. REGULAR CITY COUNCIL MEETING MINUTES OF DEC. 2, 1997 PAGE 5 OF 14 PUBLIC HEARING: No comments were received during the public hearing. Motion was made to approve Ordinance No. 480-263 (ZA 97-143), pursuant to the Site Plan Review Summary No. 2, dated November 14, 1997; deleting item #1-B and making approval subject to the recommendation of the Planning and Zoning Commission at their November, 1997 meeting. Motion: Martin Second: Evans Mayor Rick Stacy read the caption of the ordinance. Ayes: Martin, Evans, Harris, Fawks, Muller, Moffat, Stacy Nays: None Approved: 7-0 vote Agenda Item #7-B. Ordinance No. 688. 2nd reading. Adoptim, and Levving Sales and Use Tax for Crime Control and Prevention District Curtis Hawk, City Manager, commented that Ordinance No. 688, was prepared by the City Attorney's for the purpose of levying the tax to finance the Crime Control and Prevention District. The ordinance must be adopted prior to December 31, 1997 so that it may be submitted to the Comptroller of Public Accounts, whose certification will allow us to begin collecting the half-cent sales tax beginning April 1, 1998. PUBLIC HEARING: No commems were received during the public hearing. Motion was made to approve Ordinance No. 688, 2nd reading. Motion: Harris Second: Muller Mayor Rick Stacy read the caption of the ordinance into the record. Ayes: Harris, Muller, Moffat, Martin, Evans, Fawks, Stacy Nays: None Approved: 7-0 vote Agenda Item g7-C. Ordinance No. 684. 2nd reading. Standards of Care for Elementary-Age Recreation Proerams. Kim Lenoir, Director of Parks and Recreation, made the presentation of Ordinance No. 684, 2nd reading, Standards of Care for elementary-age recreation programs, noting, there are no changes from the first reading of the ordinance. Ms. Lenoir noted that Section 42.041, of the Texas Human Resources Code (1997) provides that an elementary-age recreation program operated by a municipality is not required to obtain a license from the State provided that the governing body of the municipality annually adopts standards of care for such programs by ordinance after a public hearing. REGULAR CITY COUNCIL MEETING MINUTES OF DEC. 2, 1997 PAGE 6 OF 14 PUBLIC HEARING: No comments were received during the public hearing. Motion was made to approve Ordinance No. 684, 2nd reading. Motion: Fawks Second: Martin Mayor Rick Stacy read the caption of the ordinance into the record. Ayes: Fawks, Martin, Evans, Muller, Moffat, Stacy Nays: Harris Approved: 6-1 vote Agenda Item #7-D. Ordinance No. 682-A. 2nd reading. TIF Zone Number One, Ordinance No. 682-A, 2nd reading, amending Ordinance No. 682 designating the Tax Increment Reinveslment Zone Number One, City of Southlake. This ordinance is being considered for an extension to the boundaries of the Reinvestment Zone. The 23-acre piece below the 42-acres that CISD has under contract near Heritage Industrial Park has been included since the first reading. The area now comprises approximately 408 acres, according to Curtis Hawk, City Manager. The primary consideration of this item is the boundary expansion requested by CISD, to include property for additional school sites. The school is asking the City Council to extend the time-line on the TIF to forty (40) years so they can have longer to do some of the things they have planned. The other participating entities will participate in the first three phases of the Project Plan which they have already verbally agreed to. The extension can be done now or later. Mayor Stacy, stated the City's goal is to get the debt paid off as quickly as possible. The schools goal is to protect the revenue center. Curtis Hawk stated the bond counsel for the school district would like for the ordinance to be amended now. The City's attorney said it does not have to be done now, however, it creates no liability for the City to make the change now. Councilmember Moffat stated it cannot hurt the City in any way, but it will show a gesture of goodwill. The Mayor stated the two areas to the south (one that goes down Carroll Avenue and one that goes down Kimball Avenue) are included in order that proceeds from the TIF for the school to use to build school facilities will be available if they decide to build facilities on those sites. The main goal for the school district is to identify projects. The Council does not encourage CISD to consider any site for the stadium other than the Town Center site. He stated he feels, the district agrees that the Town Center site is the most appropriate site for the stadium, but they have not voted on it as of yet. The Mayor said, "we see no risk to residents who are concerned about some of those other sites becoming a stadium site." REGULAR CITY COUNCIL MEETING MINUTES OF DEC. 2, 1997 PAGE 7 OF 14 Councilmember Harris stated four separate school board members commented to him that the only concern they have with the Town Center site for a stadium, is parking and they feel that can be worked out and they are favorable toward this site. Councilmember Muller stated we have a project plan coming up and that there is a requirement that what is planned for the sites will be identified by the second reading date of December 16, 1997. Mayor Stacy stated he does not want anyone in the public to think Council is rushing through something, because they are not. In this process, there are two readings and everything has to be identified by that time. PUBLIC HEARING: Lewis Kaposta, 2311 Crooked Lane, Southlake. Mr. Kaposta asked for identification of the site on Kimball Avenue, asking if it includes his property. It was noted that it does not. Lowell Morrison, 710 Whispering Woods, Southlake. Mr. Morrison stated his concerns are with Tract 3 being used for the stadium. He asked to have on the record that Council will not consider the stadium along SH 26. Curtis Hawk, City manager, stated at this point and time, Council cannot say where the CISD will put the football stadium. The plan in place would be for the football stadium to be built in the Town Center on the east behind the Home Depot, between SH 114 and F.M. 1709. The school district does have a use other than a football stadium, possibly a bus garage for the SH 26 site. By the second reading of Ordinance No. 690, the project and finance plan, the CISD will have to determine what will go on each of the properties. If the stadium will go in the Town Center site, they will have to show what will be in the industrial zone. Mr. Morrison stated he has attended the board meetings of the CISD and they keep delaying their decision for placement of the stadium. He stated he wonders why! Mayor Stacy stated when and if Council gets any indication that the stadium will not go in Town Center, this plan will come to a halt! Councilmember Harris commented that if the school owns the land, they can build whatever they want, with or without the TIF. The TIF funds will be available to help with the construction costs, and the TIF Board will have to approve anything that is built in the TIF Zone. The TIF Board is comprised of the City Council and one CISD representative. The TIF Board will not finance the stadium on the SH 26 property. Mayor Stacy asked the property owners to stay with Council for a couple more weeks until this REGULAR CITY COUNCIL MEETING MINUTES OF DEC. 2, 1997 PAGE 8 OF I4 is completed. Motion was made to approve Ordinance No. 682-A, to include the forty (40) year financing option as discussed. Motion: Harris Second: Moffat Mayor Rick Stacy read the caption of the ordinance. Ayes: Harris, Moffat, Martin, Evans, Fawks, Muller, Stacy Nays: None Approved: 7-0 vote Agenda Item gS-A. Ordinance No. 480-261.1st reading (ZA 97-130) Ordinance No. 480-261, 1st reading (ZA 97-130), Rezoning and Concept Plan for Southlake Garden Offices, on property legally described as approximately 6.1441 acres situated in the Obediah W. Knight Survey, Abstract No. 899, and being Tract SE. Current zoning is "AG" Agricultural District with a requested zoning of "O-1" Office District. Owner: 1709 Joint Venture. Applicant: Best Tex Custom Homes. SPIN Neighborhood #10. Karen Gandy, Zoning Administrator, commented that four (4) notices were sent to property owners within the 200' notification area and one (1) response was received from Steve Garrett, 205 East Southlake Boulevard, Southlake, in favor. Ms. Gandy noted the Planning and Zoning Commission approved (6-1) ZA 97-130 on October 9, 1997, subject to the Concept Plan Review Summary No. 1 dated October 3, 1997, accepting the applicant's commitment to remove the existing driveway from Southlake Boulevard and extend the proposed street down to the existing residential pavement. On October 21, 1997, the City Council tabled this item to the December 2, 1997 City Council meeting. Joe Pottoff, 111 East Abrams Street, Arlington. Mr. Pottoff stated he is representing Best Tex Custom Homes and is not asking for any waivers at this time. He noted they will move the dumpsters, and have complied with the comments from City staff. Mr. Pottoff stated they submitted a traffic study which shows there is no significant impact on the level of service on F.M. 1709 or any of the nearby intersections, partly because they eliminated the drive access onto F.M. 1709. All access to the property will be from the proposed extension from Byron Nelson Parkway and connect to the neighborhood to the south. They have committed to build the proposed extension in its entirety (to where it stops today) on the eastern line of the property as well as the eastern line of the property owned by the City. He stated he feels the site will circulate very well with the additions. Councilmember Wayne Moffat commented about the Land Use Plan which shows the property to be low density residential and the Corridor Overlay Plan shows residential. Even though those are both guidelines, what reasons can be given to REGULAR CITY COUNCIL MEETING MINUTES OF DEC. 2, 1997 PAGE 9 OF 14 indicate the City should not follow the guidelines? Mr. Pottoff stated the low density residential category also includes office uses as a permitted use, and the office district also refers to office uses belonging at the perimeter of neighborhoods on major streets. CounciLmember Harris stated he agrees with Councilmember Moffat to the extent they are taking this. The other problem he has, is he appreciates them not putting any traffic onto F.M. 1709, but said "when those folks go to leave in the afternoon and want to get back onto F.M. 1709, they will taken the street around by Rockenbaugh Elementary School and past our senior center with a lot of extra traffic by the school." Councilmember Muller commented that having worked on the Zoning Ordinance and the Land Use Plan, the intent of the Land Use in this area is for "residential." The intent of the "office" use is to be a buffer to F.M. 1709 when there is a hardship. Ms. Muller said, "the concern here is the depth of the piece of the property and the closeness to the residential area and what if this is approved as office, then we are saying all to the west, all the way over to the church, all the way to White Chapel now, will be a minimum office with a mixture of commercial in there. A lot of work went into the Land Use Plan, looking at the whole area and how things blend. The concern is with the depth of the commercial. There is not a hardship with this area with heavy commercial, to justify changing it all to "O-l"use". Councilmember Martin echoed all the previous Councilmember's comments. David Ford, 136 Indian Creek, Trophy Club. Mr. Ford stated they tried to work with the City on a plan that would be good for everybody. He stated he thinks they have done that. He stated he would be willing to make all buildings single-story even though it would cut down on their square footage of the buildings. He also agreed to move the buildings to the west side of their property. At the request of the applicant, motion was made to table this item time certain December 16, 1997. Motion: Harris Second: Martin Ayes: Harris, Evans, Martin, Muller, Moffat Nays: Fawks and Stacy Approved: 5-2 vote (to table) Agenda Item #8-B. Ordinance No. 690. 1st reading. Approving Pro_iect and Finance Plan for Tax Increment Reinvestment Zone NO, 1 REGULAR CITY COUNCIL MEETING MINUTES OF DEC. 2, 1997 PAGE 10 OF 14 Curtis Hawk, City Manager, commented on Ordinance No. 690, 1st reading, approving the Project and Finance Plan for the Tax Increment Reinvestment Zone Number One, noting in accordance with Section 311.011 (d), the City must approve a final reinvestment zoning project and financing plan containing information relating to the estimated project costs of the zone, the kind, number, and location of all proposed public works or public improvements in the zone, an economic feasibility study, the estimated amount of bond indebtedness to be incurred, the methods of financing all estimated project costs, and the expected sources of revenue to fmance or pay project costs, including the percentage of tax increment to be derived from the property taxes of each taxing unit that levies taxes on real property in the district, and other data. Mr. Hawk stated Jim Sabonis, First Southwest Corporation, Lou Ann Heath, Director of Finance and Darcey Imm, Assistant to the City Manager are available to answer questions of Council or the audience. Motion was made to approve Ordinance No. 690, 1st reading. Motion: Harris Second: Evans Mayor Rick Stacy read the caption of the ordinance. Ayes: Harris, Evans, Fawks, Muller, Moffat, Martin, Stacy Nays: None Approved: 7-0 vote Agenda Item # 8-C. Ordinance No. 585-A. 1st reading. Tree Preservation Ordinance Greg Last, Director of Community Development, made the presentation on Ordinance No. 585-A, 1st reading, the Tree Preservation Ordinance, noting, the Planning and Zoning Commission deliberated on this item during the last three regular meetings, working through numerous issues prior to recommending approval. The copy of the ordinance which has been forwarded is draft five of the ordinance, modified per the recommendations of the Planning and Zoning Commission. According to Mr. Last, Council has been given the transmittal letter from the workgroup dated September 18, 1997; a summary of "Additional Recommendations" dated September 18, 1997 from the workgroup and copies of all letters received regarding the update, the majority of which were received just prior to the last Planning and Zoning Commission meeting. Mr. Last noted Mr. Keith Mart'm, Landscape Administrator, and he are available to answer questions of Council. PUBLIC COMMENTS: Todd Radford, 3185 Johnson Road, Southlake. Mr. Radford expressed his feelings about Southlake doing whatever we can to save the post oak trees. He stated he wants the City to "keep' the trees we have. Michael Webster, 100 Braddick Court, Southlake. Mr. Webster, a student in Carroll schools, stated he has noticed how the school is cutting down our trees. He said, "we need to keep "old" REGULAR CITY COUNCIL MEETING MINUTES OF DEC. 2, 1997 PAGE 11 OF 14 trees and not have to plant new ones and save money to buy more trees." Lisa Stokdyke, 720 North Peytonville Avenue, Southlake. Ms. Stokdyke stated she is President of Keep Southlake Beautiful, and" with the new tree ordinance, we have a tool to give the City Landscape Administrator, one he can work with." She commented on a letter written by her and her sub-committee on the tree preservation ordinance. Mayor Rick Stacy, stated if the letter is from her, it should not have been written on Keep Southlake Beautiful letterhead. Sonny Rhodes, 3059 Creekview Drive, Southlake. Mr. Rhodes stated he is a manager for TU Electric, serving the Southlake area. He complimented the City staff in allowing him to work with them on the ordinance. He requested if any other ordinances are looked at in the future, he asked the City to look at the front yard utility placement. Greg Last, Director of Community Development, commented on how they appreciated Mr. Rhodes working with the committee on the Tree Preservation Ordinance, and how TU Electric is the leader among utility companies. Councilmember Martin seconded that comment! Motion was made to approve Ordinance No. 585-A, 1st reading. Motion: Martin Second: Harris Mayor Rick Stacy read the caption of the ordinance. Ayes: Martin, Harris, Evans, Fawks, Muller, Moffat, Stacy Nays: None Approved: 7-0 vote Agenda Item #10-A. Variance to the Sien Ordinance No. 506-B. for CISD It was noted the request for variance to the Sign Ordinance No. 506-B, for CISD was discussed in the work session tonight, therefore, a motion was made to approve the variances requested by CISD allowing a free standing sign; and allowing that the changeable electronic readerboard sign not be of the scrolling type but have a 30-60 second laps between message changes noting that Council has found that there is a need to have the school have the ability to distribute information such as the type they choose to distribute; that they have indicated that they will make this sign available to the City for joint use; advising the City of public messages, and this is a type of need that cannot be addressed by other means; and it is to the betterment of the community for Council to grant this variance for informational purposes only; and, it does not confer any additional benefit to the school district, other than to educate and inform the general public. Motion: Harris Second: Martin REGULAR CITY COUNCIL MEETING MINUTES OF DEC. 2, 1997 PAGE 12 OF 14 Ayes: Harris, Martin, Evans, Fawks, Muller, Moffat, Stacy Nays: None Approved: 7-0 vote Agenda Item #2-A. Executive Session Continued Mayor Stacy announced that City Council will be returning to executive session pursuant to the Open Meetings Act, Chapter 551 of the Texas Government Code, Section 551.074 to discuss the appointment of public officers. Council returned to executive session at 9:15 p.m. Council returned to open session at 10:05 p.m Agenda Item #2-B. Continued. Action Necessary/Executive Session No action was taken as the result of the executive session. A~,enda Item #9-A. Resolution No. 97-72. Ao~ointment of Members to the Board of Directors of the Crime Control and Prevention District. Resolution No. 97-72 was approved naming the following members to the Board of Directors of the Crime Control and Prevention District: Pam McCain, Jerry Farrier, Kim Clancy, John Swift, Andy Wambsganss, Martin Schelling, and Bob Mundlin. Motion: Harris Second: Evans Ayes: Harris, Evans, Fawks, Muller, Moffat, Martin, Stacy Nays: None Approved: 7-0 vote Agenda Item #9-B. Resolution No. 97-73. Ap_oointment of a Member to the Park and Recreation Board Resolution No. 97-73 was approved naming Bobby Rawls to serve on the Park and Recreation Board to fill the unexpired term of Larry Goldstein, which will expire in May, 1999. Motion: Harris Second: Evans Ayes: Harris, Evans, Fawks, Muller, Moffat, Martin, Stacy Nays: None Approved: 7-0 vote Agenda Item #12. Adiournment REGULAR CITY COUNCIL MEETING MINUTES OF DEC. 2, 1997 PAGE 13 OF 14 The meeting was adjourned by Mayor Rick Stacy at 10:10 p.m. Ma~o~ Rick Stacy~ ATTEST: Sandra L. LeGrand City Secretary D:\WP-FILES\MINUTES\CC- 12-2-.MIN REGULAR CITY COUNCIL MEETING MINUTES OF DEC. 2, 1997 PAGE 14 OF 14