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1996-08-06 CITY OF SOUTHLAKE 667 NORTH CARROLL AVENUE REGULAR CITY COUNCIL MEETING AUGUST 6, 1996 MINUTES COUNCIL MEMBERS PRESENT: Mayor Rick Stacy; Mayor Pro Tem W. Ralph Evans; Deputy Mayor Pro Tem Pamela Muller. Members: Scott F. Martin, David A. Harris and Wayne Moffat. COUNCIL MEMBER ABSENT: COUNCIL MEMBER Gary Fawks. STAFF PRESENT: Curtis E. Hawk, City Manager; Shana Yelverton, Assistant City Manager; Lou Ann Heath, Director of Finance; Kevin Hugman, Assistant to the City Manager; Bob Whitehead, Director of Public Works; Ron Harper, City Engineer; Greg Last, Director of Community Development; Billy Campbell, Director of Public Safety; Debra Drayovitch, City Attorney; and, Sandra L. LeGrand, City Secretary. INVOCATION: Mayor Pro Tern W. Ralph Evans. WORK SESSION: The work session was held to discuss agenda items by Council and staff. The Regular City Council meeting was called to order by Mayor Rick Stacy 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, Sections 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, and to discuss the purchase, exchange, lease or sale of real property and to consider the appointment and evaluation of public officials, and regarding the deployment of specific occasions for implementation of security personnel or devises. Council adjourned for executive session at 6:12 p.m. Council returned to open session at 7:12 p.m. Agenda Item #2-B. Action Necessary/Executive Session No action was made as the result of the executive session. Regular City Council Meeting Minutes August 6, 1996 page 2 Agenda item//3. Aporoval of the Minutes of the July 16. 1996 City Council Meeting The minutes of the Regular City Council meeting held on July 16, 1996 were approved as presented. Motion: Harris Second: Evans Ayes: Harris, Evans, Martin, Muller, Moffat, Stacy Nays: None Approved: 6-0 vote Agenda Item #4-A. Mayor's Report Mayor Staey announced that Council member Gary Fawks is out of the state, and his absence is excused. The Mayor stated he signed the contract for the first 5 million gallon water storage tank to be located on F.M. 1709 at Pearson Lane. The tank will be located on Site "B' and is expected to be completed in June 1997. He indicated this has been a lengthy process and he appreciates the efforts made by the property owners in Cimmarron Acres Estates in coming to a compromise for the location of the water storage tanks. Mayor Stacy announced that the Carroll Independent School District will be having a 44 million dollar bond election on September 28, 1996. The City Secretary is working with the school district at this time regarding early voting locations for the election. Mayor Stacy congratulated Lou Ann Heath, Director of Finance, noting she has been elected as the President of the State of Texas Finance Officers Association. Agenda Item #4-B. City Manager's Report Curtis Hawk, City Manager, stated we received a letter from the Texas Department of Transportation this past week and stated the Transportation Commission expressed appreciation for the unified manner in which the Metroport 114 Partnership presented their requests for improvements along the SH 114 Corridor. The programming division is in the process of putting together the Fiscal Year 1997 Unified Transportation Plan. The top two priorities in Southlake are the Roanoke Bypass frontage roads from IH 35W to east of US 377 and the Dove Road interchange to F.M. 1709. The letter expressed that the district staff will consider the delegation's request to construct only frontage roads initially. Both the Dallas and Fort Worth Districts will continue to develop and implement all of the SH 114 corridor improvements at the earliest possible date. A copy of the letter received from the Texas Department of Transportation, dated July 22, 1996, is attached to the minutes of this meeting. Regular City Council Meeting Minutes August 6, 1996 page 3 Council member David Harris stated a "job well done" to Curtis Hawk and the Metroport 114 partnership and all others who have worked on this project. Agenda Item #4-C. SPIN Report There was no SPIN Report this evening; SPIN has an agenda item later in the meeting. Agenda Item #5. Consent Agenda The consent agenda consisted of the following items: 5-A. Award of bid for water system improvements- 1996 Unit I: 8" water line, Lonesome Dove Avenue; Unit II: 12" water line, South White Chapel Blvd.; Unit III: 12" water line, North Kimball Avenue; and, Unit IV: Interconneetions on Continental Blvd. 5-B. Resolution No. 96-53, Designating a Local Rabies Control Authority. 5-C. Authorizing the City Manager to approve a contract for professional services with LeBlanc & Associates, Inc. for Software Development for the Community Development Department. 5-D. Authorizing the Mayor to enter into an agreement between the City of Southlake and Tarrant County for the collection of ad valorem taxes. Motion was made to approve the consent agenda as noted, removing item #5-C from the agenda. Motion: Harris Second: Muller Ayes: Harris, Muller, Moffat, Martin, Evans, Stacy Nays: None Approved: 6-0 vote Additional Information on Consent Agenda Items 5-A. City Council annually budgeted funds to strengthen the water distribution system. These improvements are based upon a computer analysis conducted by Cheatham and Associates. The computer program models our system and shows areas of low pressure, upon which system improvements are recommended. Unit I: 8-inch water line, being on the west side of Lonesome Dove Avenue, that will extend north from E. Dove Street to Emerald Circle, and being approximately 1,000 ft.; Unit II: 12-inch water line, being on the west side of Regular City Council Meeting Minutes August 6, 1996 page 4 Agenda Item #5-A Continued South White Chapel Blvd. that will extend south from E. Southlake Blvd. to the Princeton Park Addition, and being approximately 3,500 ft.; Unit III: 12-inch water line, being on the west side of North Kimball Avenue that will extend north from Northwest Parkway East to East Highland Street and being approximately 4,000 ft; Unit IV: Interconnections on West Continental Blvd., East Continental Blvd from South Peytonville Avenue to Ridgewood Circle. The 12-inch water line installed in 1995 did not include funds to connect to the existing 6-inch lines in the residential streets of Continental Park Estates. Low bidder was Barson Utilities, Inc. of Allen, Texas, for a total cost of $368,479.40. A copy of the memorandum, dated August 2, 1996, from Mr. Bob Whitehead, Director of Public Works, is attached to the minutes of the meeting. 5~B. Resolution No. 96-53, designating a local rabies control authority, was on the agenda because of new House Bill 721(which became effective this year) requires City Council action. Billy Campbell, Director of Public Safety is designated as the local rabies control authority with the ability to delegate the duties to his designee. In keeping with our Animal Control Agreement with the City of Grapevine, the designee will be the Grapevine Animal Control Officer. Since 1982, the Tarrant County Tax Assessor/Collector has collected property taxes for the City of Southlake. Tarrant County charges $.40 per financial transaction (defined as a payment or refund on an account.) This is the same per transaction fee as the previous year and is a very reasonable charge for the service provided. Southlake would spend far in excess of $4,000 for personnel costs alone to collect our own taxes. Agenda Item #6. Public Forum Jim Giffin, 3002 Briar Lane, Southlake. Mr. Giffin stated that school will start next week, and that the streets are blocked with barricades in some areas. It would help the school traffic (with buses) if the City would remove the barricades before school begins. Bob Whitehead, Director of Public Works, stated some road repair is still in the process; however, he will look for obstructions and remove them prior to school starting. Agenda Item/fT-A~ Ordinance No. 662.2nd reading, creating a water conservation and 0fought contingency ordinance. Ordinance No. 662, 2nd reading, creating a water conservation and drought contingency ordinance, was discussed by Bob Whitehead, Director of Public Works. Mr. Whitehead Regular City Council Meeting Minutes August 6, 1996 page 5 Agenda Item g7-A. Continued noted that during the July 26 retreat and at the regular City Council meeting on July 2, 1996, information was provided detailing reasons for a water conservation plan and drought contingency ordinance. Mr. Whitehead stated the changes from the first reading have been made. Public hearing: no comments were received. Motion was made to approve Ordinance No. 662, 2nd reading, with the changes as stated and on page 7a-10, change to read, "new or repaired swimming pools.' Motion: Muller Second: Harris Mayor Stacy read the caption of Ordinance No. 662. Ayes: Muller, Moffat, Martin, Harris, Evans, Stacy Nays: None Approved: 6-0 vote Agenda item/f'/-B. Resolution No. 96-51 (ZA 96-71} SUP for Outside Storage for Great Qutdoor Landscanine. Resolution No. 96-51 (ZA 96-71) Specific Use Permit for Outside Storage for Great Outdoor Landscaping, being legally described as Lot 3, Block A, Hart Industrial Park, and being approximately 0.998 acres situated in the John N. Gibson Survey, Abstract No. 591. Owner: Joseph Hart; Applicant: Scott and Carol Malone. Motion was made to table Resolution No. 96-51, at the request of the applicant, time certain August 20, 1996 and continue the public hearing at that time. Motion: Evans Second: Muller Ayes: Evans, Muller, Moffat, Martin, Harris, Stacy Nays: None Approved: 6-0 vote (to table) A~nda Item g7-C. Resolution No. 96-52 (ZA 96-72}. SUP for Outside Storage for Granite Construction Company. Resolution No. 96-52, (ZA 96-72), Specific Use Permit for Outside Storage for Granite Construction Company, being legally described as Lot 5B, Brumlow Industrial District, Phase II, and being approximately 11.033 acres situated in the John N. Gibson Survey, Abstract No. 591. Current zoning is "I-1" Light Industrial District. Owner/Applicant: Granite Construction Regular City Council Meeting Minutes August 6, 1996 page 6 Agenda Item 7-C. Continued Company. Karen Gandy, Zoning Administrator, commented that six (6) notices were sent to the property owners within the 200' notification area and five (5) written responses have been received, from: Richard P. Nichols, P.O. Box 66-, Colleyville, in favor; John Thompson, P.O. Box 660, Colleyville, in favor; Daniel Keeley, Division Manager, Martin K. Eby Construction Co., 1900 Brumlow Avenue, Southlake, in favor; Steve Yetts, c/o Timarron Land Corp. P.O. Box 290, Dallas, opposed; Bill Stowe, 1710 Bmmlow Avenue, Southlake, opposed, "we are opposed to the request for outside storage, as a section of this tract is directly behind our back yard, and will not lend itself to an aesthetic appearance for our property. The type of equipment necessary to a Construction Company of this kind will require frequent hauling in and out, and Brumlow cannot tolerate more heavy truck traffic, considering the condition of the existing roadway. Trucks now back up on the shoulder from SH 26 to our driveway, and additional truck traffic will further compound this problem, making travel on this street extremely dangerous.' Ms. Gandy stated due to the Commission's recommendation to deny, a super-majority vote (6 of 7) of the City Council will be required to approve this request. John Levitt, Levitt Engineers, 726 Commerce, Southlake. Mr. Levitt stated he is representing the applicant on this request noting that the property in the City of Colleyville adjoining this property is residential PUD. Public Hearing: Wanda Stowe, 710 Brumlow Avenue, Southlake. Mrs. Stowe stated the property is adjacent to her for 200 yards. The property slopes down and a fence would not help. A bufferyard would not help either because of the slope. She asked for the council to show her consideration on this issue. Mayor Stacy gave the applicant the opportunity to have this item tabled as there are only six Council member present tonight, and it would take a vote of 6 in favor to approve. Mr. Levitt stated they want to go ahead with this item. Mr. Levitt also noted currently the land is unused, and the property is now under contract. Motion was made to disapprove Resolution No. 96-52 (ZA 96-72) as presented. Motion: Harris Regular City Council Meeting Minutes August 6, 1996 page 7 Agenda Item 7-C. Continued Second: Muller Ayes: Harris, Muller, Moffat, Martin, Evans, Stacy Nays: None Denied: 6-0 vote Agenda item #8-A. Ordinance No. 480-201.1st reading Rezonin_e a 2.819 acre tract Ordinance No. 480-201, 1st reading (ZA 96-65) mzoning for Thomas Mahan Survey, Tracts 2El and 2G, being approximately 2.819 acres situated in the Thomas Mahan Survey, Abstract No. 1049, and being tracts 2El, and 2G, as recorded in Volume 1917, page 143 of the D.R.T.C.T. Current zoning is "AG" Agricultural District, with a requested zoning of "SF-1A' Single Family Residential District. Owners/Applicants: Eric and Mary Huning. Karen Gandy, Zoning Administrator, commented that fourteen (14) notices were sent to property owners within the 200' notification area and three (3) written responses have been received from: Hazel J. Miller, 5213 McQuade St, Fort Worth, in favor; Michael A. Quinn, P.O. Box 92575, Southlake, in favor; Frank K. Record and Nina L. Smith, P.O. Box 172, Grapevine, opposed. Public comments: Eric Huning, 104 Kings Canyon, Grapevine. Mr. Huning stated he is currently living in Grapevine; however, he wishes to build a new home on this property in Southlake. Council member Scott Martin stated that this property is located in a mixed use area on the Land Use Plan, which means that things other than residential might be built in that area. Mr. Hurting stated he is aware of the land use plan. Motion was made to approve Ordinance No. 480-201, 1st reading, as presented. Motion: Muller Second: Evans Mayor Stacy read the caption of Ordinance No. 480-201 Ayes: Muller, Evans, Moffat, Martin, Harris, Stacy Nays: None Approved: 6-0 vote Regular City Council Meeting Minutes August 6, 1996 page 8 Agenda Item #8-B. Ordinance No. 480-202. 1st reading (ZA 96-663. Ordinance No. 480-202, 1st reading, (ZA 96-66), Rezoning for W.H. Martin Survey, Abstract No. 1068, Tracts 4 and 4C and the C. Dart Survey, Abstract No. 2003, Tract 2A8, as recorded in Volume 3256, Page 95, of the D.R.T.C.T. Current zoning is "AG" Agricultural District with a requested zoning of "SF-1A" Single Family Residential District. Owners/Applicants: Theodore V. Dias and Glen S. Barnett. The Zoning Administrator, Karen Gandy, commented that four (4) notices were sent to property owners within the 200' notification area and two (2) written responses have been received from: Anita T. Salinas, 2185 Randol Mill Avenue, Southlake, undecided, "if the change results in a house being built behind the existing one on Tract 4Al, I am opposed.'; Tony C. Adams and Earl Adams, 3101 Sagebrush, Lewisville, Texas, in favor. Ms. Gandy stated that due to the Salinas opposition (which exceeds 20% of and land area within 200') a super-majority vote (6 of 7) of the City Council is required to approve the request. Let the record show that the applicants were not present for the meeting. Motion was made to approve Ordinance No. 480-202, 1st reading. Motion: Harris Second: Evans Deputy Mayor Pro Tern Pamela Muller read the caption of the ordinance. Ayes: Harris, Evans, Moffat, Martin, Muller, Stacy Nays: None Approved: 6-0 vote Agenda item #8-C. ZA 96-61. Preliminary_ Plat for Mesco Addition. ZA 96-61, Preliminary Plat for MESCO Addition, being legally described as being 22.7794 acres situated in the Thomas Mahan Survey, Abstract No. 1049, being Tracts 3Al, 3A2, and 6A, as recorded in Volume 10336 Page 1466 and Volume 10336, Page 1471, Deed Records Tarrant County, Texas. Current zoning is "I-1 P.U.D.' Light Industrial Planned Unit Development District. Owner: Anderson Industries, Inc. Applicant: Jimmy L. Lane. In a letter from Michael D. Clark, P.E., on behalf of Strode Property Company, a request was made to table this preliminary plat time certain to September 17, 1996 City Council meeting. Motion was made to table ZA 96-61, time certain to September 17, 1996 at the request of the applicant. Regular City Council Meeting Minutes August 6, 1996 page 9 Agenda Item #8-C. Continued Motion: Harris Second: Martin Ayes: Harris, Martin, Evans, Muller, Moffat, Stacy Nays: None Approved: 6-Vote Agenda Item #8-D. Ordinance No. 480-203. 1st reading (ZA 96-69) Ordinance No. 480-203, 1st reading (ZA 96-69), Rezoning for J.J. Freshour Survey, Tracts 9A1A, and 9A2, being approximately 2.18 acres situated in the J.J. Freshour Survey, Abstract No. 521, being tracts 9A1A and 9A2 filed of record in Volume 11787, Page 367 D.R.T.C.T. Current zoning is "AG" Agricultural District, with a requested zoning of "SF-30", Single Family Residential District. Owner/Applicant: Brian J. And Monica Boutte. Karen Gandy, Zoning Administrator, commented that six (6) notices were sent to property owners within the 200' notification area and no written responses have been received. It was noted that the applicant was not present for this meeting. Council member Muller commented that the applicant cannot comply with the ordinance requirements because of the easement. Motion was made to approve Ordinance No. 480-203, 1st reading. Motion: Martin Second: Moffat Council member Scott Martin read the caption of the ordinance. Ayes: Martin, Moffat, Harris, Evans, Muller, Stacy Nays: None Approved: 6-0 vote Agenda Item #8-E. Ordinance No. 480-204. 1st reading (ZA 96-44). Ordinance No. 480-204, 1st reading, (ZA 96-44), Rezoning and Site Plan for Racetrac Petroleum, being legally described as approximately 2.704 acres situated in the Thomas Easter Survey, Abstract No. 458, a portion of Tract 2, in Thomas Easter Survey, Abstract No. 474, Tract 8B. Current zoning is "AG" Agricultural District, with a requested zoning of "C-2" Local Retail Commercial District. Owner/Applicant: Southern Cornerstone, Inc. Regular City Council Meeting Minutes August 6, 1996 page 10 A~enda Item #8-E. Continued Motion was made to table Ordinance No. 480-204, at the request of the applicant, time certain to August 20, 1996. Motion: Martin Second: Muller Ayes: Martin, Muller, Moffat, Evans, Harris, Stacy Nays; None Approved: 6-0 vote (to table) Aeenda Item g8-F, Ordinance No. 598-A. 1st reading, Amending Ordinance No. 598 SPIN Ordinance No. 598-A, 1st reading, amending Ordinance No. 598, the Southlake Program for the Involvement of Neighborhoods was presented by David Baltimore, Chair of the SPIN Standing Committee. Mr. Baltimore stated a committee of SPIN Representatives have made changes to the Ordinance so that they can simplify their functions in SPIN. The original proposal for amending the ordinance raised three particular issues. First, the removal of term limitations was questioned. While SPIN representatives believe that it would be in the best interest of SPIN to remove this requirement, they understand the issues raised as they relate to this amendment. The second question related to the SPIN Map and the proposed amendment which would allow the Standing Committee to revise it as necessary. The new amendment incorporates language which would require the Standing Committee to review it annually and forward recommendations for revisions to the City Council. Finally, concerns were expressed regarding removal of SPIN representatives for "good cause., David Baltimore read the following proposed modifications to the SPIN charter: 1. Creation of Senior Delegate. 2. Rename Youth Delegate: Teen Delegate, and define age limitations. Delegation to the SPIN Standing Committee, the responsibility for maintaining the map that determines the number of boundaries of the SPIN Neighborhoods. Terms of Office for SPIN Standing Committee Representatives changes from June through May to January through December, and removal of two (2) consecutive term limits. Regular City Council Meeting Minutes August 6, 1996 page 11 Agenda Item #8-F, Continued Delegation to the SPIN Standing Committee, the responsibility for policing its membership, with removal to be either for good cause or failure to reside in the appropriate SPIN Neighborhood. Creation of a SPIN Executive Committee comprised of the SPIN officers and a City Manager-appointed representative to the SPIN Standing Committee. Council member David Harris stated, as a concern, that at this point he feels we should keep term limits in the ordinance. At some point we may want to delete the limits but not with SPIN being only two years old. Mayor Stacy stated in reality, we have had SPIN areas where no one wanted to serve as SPIN representative. Council member Moffat stated SPIN is an all volunteer organization, and we should not give them rules they cannot live with. Mr. Baltimore stated that of the sixteen SPIN groups with one youth representative, eight are serving second two year terms. SPIN is asking for "no term limits" like other boards and commissions. Council member Martin stated he was a SPIN representative for almost two years. He had a hard time trying to find someone to Co-Chair his group. He could not find anybody. That was the citizens choice to not be represented. Mr. Martin added, "their SPIN is only two years old, the members are much older.~ Mr. Baltimore stated this issue is not a burning issue. The groups wants to exclude the issue of term limits and bring it back at a later date. Public Comment: Jim Giffin, 2003 Briar Lane, Southlake. Mr. Giffin stated the majority of the citizens do not know about SPIN and he stated he feels the representative should be brought forth by the people who live in the SPIN area. Regular City Council Meeting Minutes August 6, 1996 page 12 Agenda Item #8-F. Continued Motion was made to approved Ordinance No. 598-A, St. reading, as presented. Motion: Muller Second: Moffat Mayor Stacy read the caption of Ordinance No. 598-A. Ayes: Moffat, Martin, Muller, Stacy Nays: Evans, Harris Approved: 4-2 vote Agenda Item #10-A. Authorizing Contract for Sale and/or Chance of real Propertv/PIMA Curtis Hawk, City Manager, stated we do not actually have an agreement or contract for City Council consideration at this time; however, this item is on the agenda for Council to direct staff to proceed with preparation of a contract if that is City Council's intent. There are several legal steps that must be followed should City Council want to proceed, the first of which is to obtain an appraisal of the fair market value. The appraisal and the public notices are the simple steps in the process. The real difficulty is in the nature of the property and the specific wording of the state statute. David McMahan, 1335 Hidden Glen, Southlake. President of PIMA Properties. Mr. McMahan stated presentations have been made to the Park and Recreation Board and to SPIN groups. The general consensus is in favor of the sale and/or exchange of real property as shown on a plat of Crossroads Square presented tonight. Mr. McMahan stated they are prepared to exchange 69,008 sq. ft. for 51,104 sq. ft. with them paying the City $40,000. They would move and save as many trees as possible, moving them to another location at Bicentennial Park. They would move the jogging paths and volleyball courts. Mr. McMahan stated they currently have a lease from Tom Thumb Market for the Food Lion location. Council member Scott Martin stated he appreciates the efforts in modifying the front of the building and saving the trees. Great work!! Curtis Hawk stated what we need now is to move forth with the public advertisements, announcing that we are seeking someone that could exchange property with the City that will enable the city to go forward with expansions to Bicentennial Park. Regular City Council Meeting Minutes August 6, 1996 page 13 Agenda Item #10-A. Continued Motion was made to direct staff to proceed with the advertising requisite to provide for the acquisition of property for the further expansion of Bicentennial Park and also for the acquisition of the existing land that we own off White Chapel Blvd. behind the existing Food Lion Store. Motion: Harris Second: Martin Ayes: Harris, Martin, Evans, Muller, Moffat, Stacy Nays: None Approved: 6-0 vote Council adjourned for recess at 8:30 p.m, Council returned to open session at 8:45 p.m. Aeenda Item #11-B. Municipal Complex Plannine Mayor Stacy stated he and Council member Martin attended a meeting last evening with the Municipal Complex Planning Committee, of which Mr. Dick Johnston is chairman. The Mayor stated the Municipal Complex Planning Committee set out with a charge to work on city hall for the Timarron/Richards site. They were told that Council may be looking at one or two other sites, we don't want to hold them up, but, as Mayor, he stated it was his responsibility to at least consider other sites, at least until they got to the point where this may hold the committee up with their charge. Mayor Stacy stated he has been working diligently with the Town Center Site. He feels it is very important that, if we have the opportunity to develop a downtown, we do it. If we have a downtown, it is where city hall ought to be. He hasn't ever wavered on that, but if there is a choice, the public would say, go downtown. He presented the latest layout that we have on the Town Site. Mayor Stacy stated Mr. Stebbins has committed to give the city a city block for City Hall, and it would be located on the Fe~htel Farm site as it is the highest point on the property. Mayor Stacy stated he attended a meeting last night for comparison of this site versus the Timarron/Richards site. At this point, the Mayor wanted to bring Council up to speed. Without anything in writing but a very firm handshake agreement, the developer has agreed to give the City the City Hall site at no charge. The City would need to acquire parking for this city hall at a cost not to exceed what the City paid for the Timarron/Richards site (which is a combination of $1.50 and $2.00 per square foot.) Parking to accommodate 266 cars would be approximately 2 acres, which is what the code requires for an 80,000 sq. ft. building. What the developer has agreed to give us is 2 to 21/2 acres and what we will have to buy is 2 to 21/2 acres. The developer can build a downtown with or without the City. Regular City Council Meeting Minutes August 6, 1996 page 14 Aeenda Item #11-B. Continued Bryan Stebbins, 904 Independence Parkway, Southlake. Mr. Stebbins stated a complete concept plan will be presented in 40 days. He is giving the city a deadline to be with his deadline on the project, if the city chooses the town square. Mayor Stacy suggested, timing wise, that we have a spring/fall bond election for Municipal Facilities. Stebbins wants us to be started with our structures in 1998. He plans to open the town center in 1998. Dick Johnston, chairman for the Municipal Complex Planning Committee gave an overview of their charge as committee members and their plan for recommendation of the site they choose. Agenda Item gl0B. Set the Date for Public Heat/ne to Consider Proposal to Increase Taxes. Lou Ann Heath, Director of Finance, stated the State Property Tax Code "Truth-ln-Taxation" laws outline the steps that a taxing entity must follow when annually adopting a tax rate. These laws require the City to calculate and publish three tax rates: the effective tax rate, the notice-and- heating tax rate, and the rollback tax rate. For the City of Southlake, the 1996 effective tax rate is $.39034 per $100 of taxable value, the notice and hearing tax rate is $.40205, and the rollback tax rate is $.43471. The "1996 Property Tax Rates in the City of Southlake' handout details these figures and will be published in the Fort Worth Star Telegram on August 4, 1996. The City will be required to publish a "Notice of Public Hearing on Tax Increase", which will report the vote by the Council on the proposal to set the date. This schedule indicates that the City proposes to increase total tax revenues in 1996 by 8.1%, even though the tax rate will remain the same. This is because of the value growth in existing taxable properties. The schedule also shows a comparison of average home values for this year and last year, and the change in tax with the proposed tax rate. It was determined by the City Council that the Budget work session will be held on August 19, 1996, beginning at 4:00 p.m. in the City Council Chambers. The work session will recess from 6:00 p.m. to 7:00 p.m. in order for the Southlake Park Development Corporation to meet, readjourning at 7:00 p.m. for the rest of the evening. Motion was made to propose accepting the tax rate at $.422, and hold the public hearing to propose the increase of taxes for August 20, 1996 at 7:00 p.m. Motion: Muller Second: Evans Regular City Council Meeting Minutes August 6, 1996 page 15 p,_~enda Item #10-B. Continued Ayes: Muller, Evans, Moffat, Martin, Harris, Stacy Nays: None Approved: 6-0 vote Lou Ann Heath reviewed the All Funds Summary of FY 1996-97 Proposed Budget and 1995-96 Revised Budget, for Council. Agenda Item #11-A. Discussion: Ordinance No. 663. Utility Placement Ordinance. Curtis Hawk, City Manager, presented a background of Ordinance No. 663, Utility Placement Ordinance, stating staff has been developing a utility placement ordinance in order to provide direction and controls to franchise utilities so that franchise utilities are held to the same construction standards as City utilities. The need for this ordinance was prompted by franchise utilities unwillingness to cooperate with the City in the installation of utility lines (gas, electric, cable, telephone.) Problems the City has dealt with included lack of prior notification, no request for City utility locations resulting in damage to City utilities, plans not submitted for review, failure to recompact trenches within the right-of-way, inadequate traffic safety procedures, street closures without prior notification and inadequate cleanup of sites. In addition, the utility companies have been unwilling to share their capital improvement plans with the City. This has resulted in a utility company disrupting streets shortly after a City project has rebuilt or repaired a street. In several instances, a City project could have been delayed or advanced so that construction in a certain area could have been coordinated. With the recent passage of the Telecommunications Act, we can expect additional utility companies and contractors to be doing business within the City. This ordinance is needed to establish procedural and construction guidelines and requirements. Council member Harris suggested in Section 22 of the ordinance, that he would like to see emergency conditions tightened up. We need more control. Curtis Hawk, stated staffwill work with Council member Harris on this issue and bring the ordinance back for first reading in the near future. Agenda Item #6. Continued Council member Muller reported that she attended a meeting in the past few days concerning the Bob Jones Park. Ms. Muller stated she attended the meeting as a mediator and not as a Council Regular City Council Meeting Minutes August 6, 1996 page 16 Agenda Item//6. Contimjcd member. She reported three Park Board members Rod Johnson, Vicki Johnson, and Ronnie Kendall were present. She was pleased that the residents in that area have started communicating with the Parks and Recreation Board. Tennis facilities were discussed, and she spoke as a City Council member and the importance of being fiscally responsible to the citizens of Southlake. A~enda Item #12. Adlournment Mayor Rick Stacy adjourned the meeting at 11:00 p.m. ATTEST: Sandra L. LeGrand City Secretary D : ~ WP-FIL ES M GREEMEN~ 08-06- 96. CC Agend9. It 4- ' 1 1 - e,74- Ar Texas Department of Transportation DEWITT C. GREER STATE HIGHWAY BLDG. • 125 E. 11TH STREET • AUSTIN, TEXAS 78701 -2• E C 11 July 22, 1996 JUL 3 I I996 OFFICE OF CITY SECRETARY Subject: June 1996 Delegation Appearance - METROPORT 114 Partnership Honorable Ed Baker Mayor of Coffeyville Chair, METROPORT 114 Partnership Executive Committee P.O. Box 185 Colleyville, Texas 76034 Dear Mayor Baker: The Texas Transportation Commission has asked me to express their appreciation for the unified manner in which the METROPORT 114 Partnership presented their requests for improvements along the SH 114 Corridor. Your regional approach to transportation issues is appreciated. The Transportation Planning and Programming Division is in the process of putting together the Fiscal Year 1997 Unified Transportation Plan (UTP). Your two top priorities, the Roanoke Bypass frontage roads from IH 35W to east of US 377 and the Dove Road interchange, will be considered for funding during this process. The Fort Worth District will also continue to acquire the necessary right of way from the Dove Road interchange to FM 1709. District staff will consider the delegation's request to construct only frontage roads initially. Both the Dallas and Fort Worth Districts will continue to develop and implement all of the SH 114 corridor improvements at the earliest possible date. Finally, we are currently working with the Fort Worth District to accept the City of Southlake's offer to commit $1 million toward the Kimball Road interchange. Fort Worth staff will be contacting the city to address the Kimball Road interchange once the 1997 UTP results are finalized. We appreciate your willingness to suggest alternatives in developing and implementing the SH 114 projects. These corridor improvements are a high priority An Equal Opportunity Employer Mayor Baker - 2 - July 22, 1996 for both the Dallas and Fort Worth Districts and we encourage you to continue to work with the districts' staff to evaluate the project design, cost comparison and scheduling considerations. Sincerely, Robert Cuellar, P.E. Deputy Executive Director Transportation Planning and Development cc: Hon. Jane Nelson Hon. Mary Denny Hon. Nancy Moffat Hon. Gary Fickes Hon. Jim Carter Mr. David Laney Mr. David Bernsen Ms. Anne S. Wynne Mr. Wm G. 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