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2000-01-18
REGULAR CITY COUNCIL MEETING 667 NORTH CARROLL AVENUE SOUTHLAKE, TEXAS JANUARY 18, 2000 MINUTES COUNCILMEMBERS PRESENT: Mayor Rick Stacy; Mayor Pro Tem Gary Fawks; Deputy Mayor Pro Tem Ronnie Kendall. Members: Wayne Moffat, Rex Potter, Debra Edmondson and Patsy DuPre. CITY STAFF PRESENT: City Manager Billy Campbell; Assistant City Manager Shana Yelverton; Assistant to the City Manager Shelli Siemer; Director of Finance Sharen Elam; Director of Community Services Kevin Hugrnan; Director of Economic Development; Public Information Officer James Kunke, Senior Planner Dennis Killough; Senior Planner Chris Carpenter; Zoning Assistant Art Wright; Deputy Director of Public Safety Fire Services Ricky Black; Director of Public Works Ron Harper; Deputy Director of Public Works Charlie Thomas; Assistant to the Director of Public Works Valerie Bradley; Manager of Technical Services Johnn~ Knight; City Attorney Wayne K. Olson; and, City Secretary Sandra L. LeGrand. WORK SESSION: Mayor Rick Stacy called the work session to order at 5:30 p.m. Councilmembers and staff discussed items on the agenda. The work session was audio and video tape-recorded for future reference. Copies are available by request from the City Secretary. The work session ended at 6:30 p.m. REGULAR SESSION Agenda Item #1, Call To Order Mayor Rick Stacy called the Regular City Council meeting to order at 6:30 p.m. and welcomed everyone present to the meeting. Agenda Item #2-A, Executive Session Mayor Rick Stacy advised the audience that the City Council would be going into executive session pursuant to the Texas Government Code Sections 551.071, 551.072, 511.073, 551.074, 551.076, 551.086, to seek legal advice from our City Attorney; to deliberate regarding real property matters; to deliberate regarding a prospective gift; to deliberate regarding personnel matters; to deliberate regarding security devices; and/or to deliberate regarding economic development negotiations. Council adjourned into executive session at 6:30 p.m. Council returned to open session at 7:20 p.m. Regular City Council Meeting Minutes of January 18, 2000 Page 1 of 26 Agenda Item #2-B, Action Necessary/Executive Session Motion was made to authorize staff to purchase fight-of-way and drainage easement as discussed in executive session in the amount of $85,000. Motion: Second: Ayes: Nays: Approved: Kendall DuPre Kendall, DuPre, Potter, Fawks, Moffat, Edmondson, and Stacy None 7-0 vote Motion was made to authorize staffto purchase the West Jones Branch easement in the amount of $39,000. Motion: Second: Ayes: Nays: Approved: Kendall Edmondson Kendall, Edmondson, Potter, Fawks, Moffat, DuPre, and Stacy None 7-0 votes Agenda Item #3, Invocation by Dr. Michael Beaugh, pastor Southlake Presbyterian Church Dr. Michael Beaugh, pastor of the Southlake Presbyterian Church, led the invocation. Agenda Item g4-A, Mayor's Report Mayor Stacy made the following announcements: Metroport Transportation Partnership will meet on January 19, 2000 at 8:30 a.m. at the Grapevine City Hall in preparation for the trip to Austin planned for January 27, 2000. The Southlake Youth Action Commission has invited the Mayor and City Councilmembers to their next Youth in Government meeting to be held on Wednesday, January 19, 2000 in the Community Center at Bicentennial Park t~om 6:00 to 7:00 p.m. The students delight in the opportunity to meet their local representatives and learn about the City Council's role in municipal government. This orientation will also help to prepare members for the Mock City Council meeting scheduled for Tuesday, February 29, 2000 at 6:00 p.m. Southlake Sister Cities is proud to welcome Yuvia Deniss Rodriquez Flores from E1 Forte, Mexico, to Southlake as she is attending Carroll High School for the spring semester to learn more about our culture as well as learn English. She is 17 years old and is staying with a host family in Southlake. Regular City Council Meeting Minutes of January 18, 2000 Page 2 of 26 Southlake City facilities has earned the "Clean Texas Star" recognition from the Texas Natural Resource Conservation Commission (TNRCC) for their pledge to reduce solid waste that would otherwise be going into landfills. Keep Southlake Beautiful will hold the Great American Clean-Up April 1, 2000. The clean up is a nation-wide effort to clean our communities. On this day anyone wanting to be involved will pick up littered streets, have the opportunity to dispose of household hazardous wastes, drop off large items, and participate in beautification projects. January 24, 2000, following the SPDC meeting, a City Council work session will be held to discuss the 1999-2000 Impact Fee Update. The meeting will be held in the Senior Activity Center. Following the announcements, Mayor Stacy presented Ernest Bramlett, the city's first Water and Wastewater Superintendent, with a proclamation in honor of his retiring on January 25, 2000. "Ernest has served the city well and will be missed," Mayor Stacy commented. The Mayor and Council members proclaimed January 25th as Ernest Brarnlett Day in Southlake. Mr. Bramlett stated that all the things that happened because Ernest Bramlett was here, would have happened anyway. Bramlett said, "Without the management, leadership and hard facts that the City Council had to face and make rulings on -- it is just amazing what has happened in Southlake. To cap off a career of 27 years in water utilities with this kind of operation, is fantastic." He stated, "You cannot know how it makes me feel to have worked in Southlake." Agenda Item g4-B, City Manager's Report City Manager Billy Campbell introduced Ron Harper, Director of Public Works, who gave a brief update on the Parkwood Drive issues. Harper stated, "Based on the discussion that was held during the last City Council meeting, the discussion brought forward by the Planning Department and further suggestions brought forth by the City Council meeting, we are in the process of analyzing all of the options that were discussed from a cost feasibility and from a legal standpoint. We expect at the February 1 meeting there will be an item on the agenda to discussion what further actions will be." Councilmember Edmondson stated at the last meeting there was a discussion as to whether or not the developer of the property "French Square" no longer intends to build on the site, and if he does not, can we void the site plan? Harper stated he will have to forward this comment onto the Planning Department for a response to that question. Mr. Harper gave an update on the Town Hall stating, "We poured the last concrete yesterday and either today or tomorrow will begin installing the exterior framing and stud work." He stated we are still working toward the completion date of October 2000. Regular City Council Meeting Minutes of January 18, 2000 Page 3 of 26 Agenda Item #6, Public Forum Mayor Stacy said Public Forum is the time during the meeting that gives citizens the right to speak on any item that is not on the meeting agenda and that no action can be taken during this agenda item. Mayor Stacy stated, "We have had continuous conversation during the past few days with citizens of the Town of Trophy Club. The item of concern from the citizens of Trophy Club is not on tonight's agenda, therefore, we will take no action on this issue." Out of respect for the time spent in coming to the meeting tonight, he agreed to let the Trophy Club designee speak. Jim Thomas, President Trophy Club MUD #2 District. Mr. Thomas presented a petition with 1,692 signatures fi.om Trophy Club residents who have expressed that they are "negative" to the closing of Trophy Wood Drive by the City of Southlake and Sabre Group. Mr. Thomas stated he has served on the MUD #2 for the past fifteen years, therefore, has a history of the actions of the town during that time as it pertains to this issue. Mr. Thomas stated, "While I and all of us fi.om Trophy Club desire to have quality companies like Sabre in and around our town, it would be completely remiss if I and other elected officials did not come before Southlake and before Sabre to let you know some of the tremendous negative impact the closure of Kirkwood Boulevard is going to have on our community. Currently today we have about 2,250 homes in Trophy Club and about 1/3 of these are multi-car families and use this entrance in and out of our city." IVlr. Thomas referenced a traffic study, which has been done on that area and prepared by Teague, Nail and Perkins Engineers. He stated most of the homes that are purchased on the east side of Trophy Club are because of the easy access to SH 114. With the closing of the entrance on the east side of town, the effect on MUD #2 was that people stopped buying lots. They also found that the property values went down. With the opening of the east entrance, the property values went back up. He presented facts and figures related to environmental issues with the closing of the east entrance. He asked that the Southlake City Council be a good neighbor and allow the entrance to remain open. Honorable Jim Carter, County Commissioner Precinct 3, Denton County. Mr. Carter stated he is the past mayor of the Town of Trophy Club, serving for fourteen years. Mr. Carter stated he wanted to share in the glory of Southlake in landing Sabre Development to Southlake, stating, he felt it was one of the finest economic development activities that has occurred in this area. However, he stated he feels it is somewhat tarnished because of the impact the closing of T.W. King Road will have on the Town of Trophy Club. Mr. Carter stated what is needed is a win-win situation. He stated he was involved with the building of T.W. King Road, and that there was some private money used and also some public money. Noting he was involved when this occurred. He stated there are concerns that public money is being used for private enterprise. He asked the City Council to keep this road open to the residents of Trophy Club. He stated a good many residents from Trophy Club came to Southlake Planning and Zoning meeting last week and saw the complex designs of the roadway. He stated he feels with some slight modifications that Regular City Council Meeting Minutes of January 18, 2000 Page 4 of 26 everybody could be accommodated [Sabre, Southlake and Trophy Club]. He stated as a member of the Commissioners Court in Denton County, he sponsored a resolution that passed unanimously by a vote on January 11, 2000, asking that the road be kept open. A copy of the resolution is hereby a part of the record. He asked that everyone show a spirit of cooperation by keeping that road open. Mayor Rick Stacy commented, "Mr. Thomas has implied that the State is not going to make that access road a two-way road, and they have not told us that. We would like to have the support of Trophy Club in working with the State to make that a two-way road. This would allow Southlake to keep his or her contractual obligations to Sabre and not inconvenience anyone. We also would like for the City of Trophy Club to respond to an agreement that was made, not by anyone on this Council, with the City of Southlake and the Town of Trophy Club in 1995, approved by the Southlake City Council and returned to Mayor Carter at that time. The Town of Trophy Club never approved it. The agreement discussed the east access entrance, and it discussed the Town of Trophy Club taking some of the responsibility in some of the costs of T.W. King and signalization. Even in the agreement that was approved by the City of Southlake it says that the entrance at Trophy Wood Drive would be temporary until such time in the future when a more permanent entrance would exist. He asked the residents of Trophy Club to partner up and work together to accomplish the access road onto SH 114. He thanked everyone for coming. For the record, the following 'public comment forms' were presented, opposing the T.W. King closure. Gail Kelly, 4520 Soda Ridge Road, Roanoke. Dennis Sheridan, 1 Hillcrest Court, Trophy Club. Robyn Garner-Bath, 5 Crestwood Drive, Trophy Club. Jim Best, 105 Greenhill Trail, Trophy Club. Elaine and George Roberson, 306 Skyline Drive, Trophy Club. Jan Beatty, 18 Hillcrest Court, Trophy Club. Rich Beaty, 18 Hillcrest, Trophy Club. Bridgett Brower, 544 Indian Creek Drive, Trophy Club. Margaret Moran, 189 Sam Bass Ridge Road, Roanoke. Bill and Bonnie Armstrong, 18 Avenue Twenty, Trophy Club. Clem Fullerton, ! Sunrise Court, Trophy Club. Doug and Irene Clark, 117 Greenhill Trail, Southlake, Trophy Club. Lloyd Holcomb, 4488 Soda Ridge Road, Roanoke. Irene Holcomb, 4488 Soda Ridge Road, Roanoke. Sherry Bolls, 49 Meadowbrook Lane, Trophy Club. Alex Bolls, 49 Meadowbrook Lane, Trophy Club. Donna Krauss, 549 Indian Creek, Trophy Club. Doyle Krauss, 549 Indian Creek, Trophy Club. Jim Budarf, 548 Indian Creek Drive, Trophy Club. Susan Edstrom, 269 Oak Hill Drive, Trophy Club. Bill Matthai, 500 Indian Creek Drive, Trophy Club. Regular City Council Meeting Minutes of January 18, 2000 Page 5 of 26 Ben Brewster, 222 Fresh Meadow Drive, Trophy Club. Edie Buffington, 102 Pebble Beach Drive, Trophy Club. Maria Killion, 122 Greenhill Trail Trophy Club. Jim Budarf, 547Indian Creek, Trophy Club. Gary Lang, 2 MurfieM Court, Trophy Club. Curtis Smith, 2 Creekmere Court, Trophy Club. Elizabeth Smith, 2 Creekmere Court, Trophy Club. Karen Bates, 112 Inverness Drive, Trophy Club. Council adjourned for recess at 7:50 p.m. Council returned to open session at 8:00 p.m. Doug Mayer, 903 Turnberry, Coventry Addition, Southlake. Mr. Mayer stated he is reporting on the incidents in the Coventry Addition regarding the traffic calming devices. He stated those people outside Coventry that do not like them simply go around them. In common areas, the police officers are there writing tickets and have really done a great job. He stated this is a Coventry issue, and they hoped the city staff would have briefed the City Council before this meeting began. He stated the police officers are continuing to monitor the area to see how the traffic control devices are working. Mr. Mayer stated that they are the people who are suffering because everyone comes through their addition. Mr. Mayer stated the biggest problem would be on Glenwyke and Dove Road. He stated he would like to come back in a month with a new report. Mr. Mayer stated he wants the city staff to come up with alternatives to the speed hump policy, noting he feels the speed humps are effective in calming traffic. He stated he feels they need to be installed before houses are built in an addition. He noted that one of the humps in Coventry is too high and may need a sign installed warning the motorists. Laura Hill (address unknown), Southlake. Ms. Hill stated it all goes back to the Master Thoroughfare Plan. She stated she feels this is not just a matter of traffic, we must revisit the Thoroughfare Plan and listen to everything each neighborhood has to say. Councilmember Rex Potter asked the City Manager if staff has come up with alternatives, reminding him that they discussed this earlier and he asked for alternatives to be presented to Council. He stated this issue is one of enfomement, not a long-term road solution, which is why he asked for alternative long term solutions. City Manager Billy Campbell stated, "The Director of Public Works and myself have talked about it, not in any great detail except to look at the overall situation. There is not anything we can do that will not impact a particular group of people. When we do come back to the City Council, we want to have some clear cut recommendations." Councilmember Potter stated when the through roadway was discussed last, it got turned down because no one had seen where the road was, and he was proposing to move it up. Councilmembers did not feel comfortable with the suggestion. He asked for clear-cut recommendations giving Council a birds-eye view of where the roads will be and put it back on the agenda for Council consideration. Regular City Council Meeting Minutes of January 18, 2000 Page 6 of 26 Councilmember Ronnie Kendall stated she feels there is consensus from other council members on this and feels it should be brought back in early Febmary. Potter stated on the next agenda. If not, on the next agenda. Potter suggested a SPIN meeting on this before Council votes on it. Councilmembers Kendall and DuPre do not feel a SPIN meeting is necessary, as it will drag out the issue. Councilmember Kendall stated, "The problem last time is we were shown a design that had a lot of ramifications and it was not just because it was going through some lady's property. There were four major problems with the way it was laid out and all we said was this may not work, and we need to rethink and get input because now we are impacting another neighborhood. So yes, the intention was just to put it on hold until we got the input, but not to hold for very long. The intention was not to delay it." Ester Spickler, 926 Turnberry Lane, $outhlake. Ms. Spickler asked for "no truck traffic" signs in the neighborhood. She stated they have a problem with about 2,000 cars per day. They need more calming devices. Ms. Spickler expressed how the city needs a new road connecting Shady Oaks Lane to Peyonville Road. City Manager Billy Campbell commented that if Ms. Spickler is talking about no construction type pick-up tracks, this is a little harder to regulate. "Larger tracks, we already have truck routes and we try to meet with the various vendors that try to come through and then the police officers ticket those who violate that," Campbell stated. Mayor Stacy stated for the record, that none of the people on the current council were on the council when Coventry Subdivision was approved. He stated the original plan showed Highland going straight through to Peytonville Avenue and a previous Council was talked out of that, and that is what caused the problem. This current council has never done that so hopefully there won't be any more problems like this one in Southlake. Denise Stringfellow, 1605 Kings Court, Southlake. Ms. Stringfellow stated she lives on the comer of Peytonville Avenue and Kings Court, and when the people come off of Peytonville and speed up Coventry, if the police are there and they see them, they stop them. If the driver runs over someone's yard over the speed hump and the residents write down their license plate number and take it to the police, what can they do? Or are they spinning their wheels and nothing can be done? Deputy Director of Public Safety Gary Gregg stated the problem that they nm into is the police officer has to be able to identify the specific violator. Campbell stated when the citizen takes that information to the police officer, the officer can look at that, but it is not an avenue that will allow the police department to make any type of charges against that individual. Whereas, if the individual takes the license number, and can identify them, the officer can help the citizens take that complaint through the court process. Regular City Council Meeting Minutes of January 18, 2000 Page 7 of 26 Rachel Clan, 1404 Exeter Court, Southlake. Ms. Clan stated she feels the Southlake Police Department has done a fantastic job with this issue. She knows everyone is trying to resolve this current issue, but need to look down the road from three to five years. The following "public comment forms" were presented for the record of those who are in support of Coventry Estates traffic calming devices. Mark Hamel, 921 Turnberry Lane, Southake. Becky and Chris Miltenberger, 1401 Exeter Court, Southlake. Janet Kinney and Mark Schmidt, 1602 Devon Court, Southlake. Doris Nolan, 1508 New Castle Road, Southlake. Sharon Hamel, 921 Turnberry Lane, Southlake. Linda Galbraith, 1401 Rarnsgate Court, Southlake. Greg and Christina McCombs, 915 Turnberry Lane, Southlake. Deb Duval and Clint Dural, 916 Turnberry Lane, Southlake (include three children). Terri Messing, 1505 Coventry Lane, Southlake. Betty Delday, 1501 Coventry, Southlake. Lisa and Mike Mlinac, 923 Turnberry Lane, Southlake. Dorethea Christ, 1403 Lands End Court, Southlake. Catherine and David Singley, 1400 Exeter Court, Southlake. Cora Lee Brannon, 1365 Lakeside Drive, Southlake. Ms. Brannon spoke to Council suggesting that the New Town Hall be pre-wired [in front of] to serve the park and down town area, before it is too late. She noted that during several of the activities in the Town Square that it was not possible for the people present to hear the speakers and the music presentations. If the speakers are turned up, there is a problem with feedback. She feels that by preparing for this at this time, it will resolve a lot of problems. She stated she wanted to bring this to the attention of the City before it is too late to prepare. Councilmember Patsy DuPre stated she feels this is a valid comment and asked that Directors Ron Harper and Kevin Hugrnan look into this issue addressing the wiring and speakers and possibly the SPDC can help with the funding. Agenda Item #4-C~ SPIN Report The SPIN report was given by Edith Hutcheson, 714 Nettleton Drive, Southlake. Ms. Hutcheson stated she is the new representative of SPIN #9e, and cormnented on the SPIN orientation that will be held on January 22, 2000 at the Boy Scouts of America training center in the Solana Complex. Ms. Hutcheson stated SPIN would be holding their SPIN Retreat on February 26, 2000, also at the Boy Scouts of America training center. She commented on the availability of the automatic update offered on the City Web-Site and encouraged those present to sign up for this information. A concern in SPIN #9e is speeding traffic in their area. She noted she spoke with Sergeant Rusty Daniels today and five police officers will be working on traffic enfomement in that area. There is a need to come up with some solutions to the speeding traffic problems in this area. Regular City Council Meeting Minutes of January 18, 2000 Page 8 of 26 Agenda Item #$, Consent Agenda Mayor Stacy announced the following items would be included on the consent agenda. He explained to the audience that the items listed will be voted on with only one vote and if anyone in the audience has a request that an item should not go on the consent agenda, the item will be deleted from the consent agenda and considered separately. He read the consent agenda items into the record, noting that the city council added several items to the consent agenda during the work session. 5-A. Approval of the minutes of the Regular City Council meeting held on January 4, 2000. 5-B. Resolution No. 00-10, Easement Abandonment at 591 and 611 South White Chapel Boulevard. 5-C. Resolution No. 00-05, Approving and authorizing publication of notice of intention to issue Certificates of Obligation, Series 2000. 5-D. Resolution No. 00-06, Approving and authorizing publication of notice of intention to issue Certificates of Obligation, Series 2000-A. 5-E. Resolution No. 00-07, Approving and authorizing publication of notice of intention to issue Certificates of Obligation, Series 2000-B. 5-F. Resolution No. 00-09, authorizing the City Manager to enter into a lease purchase agreement for the purpose of procuring ruggedized laptop computers. 5-G. Authorize the Mayor to grant a 10-foot Utility Easement to serve the lift station on Shady Lane. 5-H. Authorize the Mayor to grant a 10-foot Utility Easement to serve the lift station on Lonesome Dove. 5-1. This item left intentionally blank. Authorize award of bid to Acugraphics Embroidery & More, Inc. for annual purchase of uniforms. 5~r. Resolution No. 00-12, Authorizing the City Attorney to bring condemnation action for the purchase of obtaining right-of-way and drainage easement for use by the City. This item deleted frora the agenda. Ordinance No. 480-II, 1st Reading, Revisions to the Comprehensive Zoning Ordinance No. 480, as amended, regarding regulations on carports, covered parking and parking garages on non-residential property. Regular City Council Meeting Minutes of January 18, 2000 Page 9 of 26 Ordinance No. 480-322, 1st Reading, (ZA 99-114), Rezoning for Carroll Meadows, on property legally described as Tract 2C situated in the A. H. Chivers Survey, Abstract No. 299, and being approximately 12.469 acres. Owners: Ollie Mae Thrailkill. Applicant: K.M. Properties, Inc. ZA 99-115, Preliminary Plat of Carroll Meadows, on property legally described as Tract 2C situated in the A. H. Chivers Survey, Abstract No. 299, and being approximately 12.469 acres. Applicant: K.M. Properties, Inc. Owner: Ollie Mae Thrailkill. Ordinance No. 480-324, 1st Reading, (ZA 99-122), Rezoning on property legally described as Tract 2C3 situated in the Obediah W. Knight Survey, Abstract No. 899, approximately 3.561 acres. Owner and Applicant: Sherry Berman. Ordinance No. 480-326, 1st Reading, (ZA 99-138), Rezoning on property legally described as Tract 20 situated in the R.D. Price Survey, Abstract No. 992, and being approximately 2 acres. Owner: Linnia Johnson. Applicant: Linnie McAdams. 10-A. Authorize the Mayor to enter into a developer agreement for Eagle Bend Estates. 10-B. Authorize the Mayor to enter into a developer agreement for Kimball/1709 Addition Lots 2, 3, and 4, Block 1 (Lowe's). 10-C. Award of bid to Jackson Construction, Inc. for the construction of sanitary sewer and roadway improvements along Love Henry Court. 10-D. Amendments to the City Council Expense Policy. Motion was made to approve the consent as follows: Agenda Item #5-A, as amended; Item #5-B, #5-C, #5-D, #5-E, #5-F, #5-G, #5-H, #5-J, #8-A, #8-D, #8-E, subject to the Plat Review summary No. 3 dated 12-3-99, and subject to the recommendations of the Planning and Zoning Commission #8-F, #8-G, gl0-A, as presented; gl0-B, as presented; #10-C, Awarding the bid to Jackson Construction in the amount of $365,253. and #10-D. Motion: Second: Ayes; Nays: Approved: Fawks Potter Fawks, Potter, Kendall (abstaining on Item #5-A), Edmondson (voting no on Item #5-B), Potter, and Stacy None 7-0 vote Moffat, DuPre, ADDITIONAL INFORMATION ON CONSENT AGENDA ITEMS 5-A, Approving the Minutes of the Regular City Council meeting held on January 4, 2000. The minutes were approved as amended. Regular City Council Meeting Minutes of January 18, 2000 Page 10 of 26 Resolution No. 00-10, Easement Abandonment at 591 and 611 South White Chapel Boulevard. Two utility easements were granted to the City of Southlake for the sole purpose of constructing and operating a water line over and across the property located at 611 and 591 South White Chapel Boulevard on November 2, 1965 and April 5, 1966. A three-inch water line was installed but subsequently has been abandoned. The City of Southlake has no more use for these two easements. For the property owner to be able to construct a new single-family residence on this property, the easements must be removed. The City must abandon the easements by resolution for the easements to be abandoned. Resolution 00-10 and a quitclaim deed have been prepared for this purpose. Resolution No. 00-05, Approving and authorizing publication of notice of intention to issue Certificates of Obligation, Series 2000. The City Council of the City of Southlake, Texas, has determined that certificates of obligation should be issued under and pursuant to the provisions of V.T.C.A., Local Government Code, Subchapter C of Chapter 271, for the purpose of paying contractual obligations to be incurred for (a) the construction of public works, to wit: (i) street improvements, including land and right-of-way acquisition, incidental drainage and traffic signalization, and (ii) the acquisition and installation of a fire sprinkler system for the City's public works building, and (b) professional services rendered in relation to such projects and the financing thereof. It is the Council's intention to issue certificates of obligation during a meeting scheduled to begin at 7:00 p.m. on March 7, 2000, in the principal amount not to exceed $3,895,000. Resolution No. 00-06, Approving and authorizing publication of notice of intention to issue Certificates of Obligation, Series 2000-A. The City Council of the City of Southlake has determined that certificates of obligation should be issued under and pursuant to the provisions of V.T.C.A., Local Government Code, Subchapter C of Chapter 271 for the purposed of paying contractual obligations to be incurred for (a) the construction of public works, to wit: (i) improvements and extensions to water and sewer facilities; including land and rights-of-way acquisition and utility line relocations, and (b) professional services rendered in relation to such projects and the financing thereof. It is the Council's intention to issue certificates of obligation during a meeting scheduled to begin at 7:00 p.m. on March 7, 2000 which certificates of obligations shall be issued in a principal amount not to exceed $9,245,000. Resolution No. 00-07, Approving and authorizing publication of notice of intention to issue Certificates of Obligation, Series 2000-B. The City Council of the City of Southlake, Texas, has determined that certificates of obligation should be issued under and pursuant to the provisions of V.T.C.A., Local Government Code, Subchapter C, of Chapter 271, for the purpose of paying contractual obligations to be incurred for (a) the construction of public works in Reinvestment Zone Number One, to wit: acquiring, constructing, and equipping a new city hall, including related site improvements and landscaping, and (b) professional services rendered in relation to such project and the financing thereof. The Regular City Council Meeting Minutes of January 18, 2000 Page 11 of 26 5-I. Council's intention is to issue certificates of obligation during a meeting scheduled to begin at 7:00 p.m. on March 7, 2000, which certificates of obligation shall be issued in a principal amount not to exceed $12,000,000. Authorizing the lease purchase of ruggedized laptop computers and approving resolution No. 00-09, authorizing the City Manager to enter into a lease purchase agreement for the purpose of procuring laptop computers. In preparation for replacing the non-compliant Y2K Mobil data system, staff researched ruggedized laptops. These are devices to be utilized in the field by fire and police personnel. This equipment is designed to work in extreme temperatures and as well to exposure to the elements of the weather. The 1999-2000 Budget includes funds for this lease of equipment. Staff utilized the State purchasing program and negotiated pricing with qualified dealers. Government Capital Corporation submitted a lease purchase price of $34,510.61 per year for a lease purchase for a three-year period. Authorize the Mayor to grant a 10-foot Utility Easement to serve a lift station site on Shady Lane. The lift station along Shady Lane has been under construction and is near completion. The electric company that serves this site (TXU) requires a utility easement where electrical devices exist. TXU will maintain the electrical appurtenances within the proposed easement. The easement will extend from the right-of-way along Shady Lane to the location of the transformer within the lift station. Authorize the Mayor to grant a 10-foot Utility Easement to serve the lift station site on Lonesome Dove. The lift station along Shady Lane has been under construction and is near completion. The electric company that serves this site (Tri-County Electric Cooperative) requires a utility easement where electrical devices exist. Tri-County Electrical Cooperative Electric will maintain the electrical appurtenances within the proposed easement. The easement will extend from the right-of-way along Lonesome Dove to the location of the transformer within the lift station site. This item is left intentionally blank. Authorize award of bid to Acugraphics embroidery & More, Inc. for annual purchase of uniforms. At the present time the city purchases uniforms and miscellaneous apparel through Acugraphics Embroidery & More as primary vendor with ETC Embroidery as the secondary vendor. The purpose of requiring a formal bid for uniforms and miscellaneous apparel was based upon the total annual purchases of all individual departments exceeding the monetary threshold for bidding requirements. The 1999-2000 budget for uniforms has already been approved. The monetary amounts for these purchases were allocated during the budget process. There is no additional funding in excess of the budgeted amounts allocated in the 1999-2000 budget to be approved. Staff recommends that all bids Regular City Council Meeting Minutes of January 18, 2000 Page 12 of 26 be awarded as described to the primary vendor, Acugraphics Embroidery and More, Inc., with ETC Embroidery serving as secondary vendor. Resolution No. 00-12, Authorizing the City Attorney to bring condemnation action for the purpose of obtaining right-of-way and drainage easement for use by the City. This item was deleted from the agenda. Ordinance No. 480-11, ist Reading, Revisions to the Comprehensive Zoning Ordinance No. 480, as amended, regarding regulations on carports, covered parking, and parking garages, on non-residential property. The City Council requested that staff prepare regulations for non-residential carports and parking garages as a result of several recent requests for covered parking in development projects. A 120-day moratorium was enacted to allow sufficient time for the Planning and Zoning Commission and the City Council to study, discuss, review and take appropriate action on this matter. The moratorium was extended to February 2, 2000 due to the cancellation of the second regular Council meeting this month. The current draft ordinance specifically includes: 1) the creation of another SLIP (separating carports and multi-level parking garages) and eliminating the option of carports in the 0-2 and commercial districts; 2) the addition of the requirement that the square footage of parking structure footprints shall count toward lot coverage, impervious coverage and required interior landscape area; 3) the limitation of height of attached carports to 20 feet; 4) the option to allow more than 4 spaces under a carport if the structure is not visible from a public R.O.W. nor from a single family property; and, 5) the addition of "or similar" building materials, but specifically excluding cement and concrete tilt wall or similar materials. Ordinance No. 480-322, 1st Reading, (ZA 99-114), Rezoning for Carroll Meadows, on property legally described as Tract 2C situated in the A. H. Chivers Survey, Abstract No. 299, and being approximately 12.469 acres. Current zoning is "AG" Agricultural District with a requested zoning of "SF-1A' Single Family Residential District. Applicant: K.M. Properties, Inc. Owner: Ollie Mae Thrailkill. Public hearing set for February 1, 2000. ZA 99-115, Preliminary Plat for Carroll Meadows, on property legally described as Tract 2C situated in the A. I~ Chivers Survey, Abstract No. 299, and being approximately 12.469 acres. This item was approved by the City Council subject to the Plat Review Summary No. 3 dated 12-3-99 and subject to the recommendations of the Planning and Zoning Commission. Ordinance No. 480-324, Ist Reading, (ZA 99-122), Rezoning on property legally described as Tract 2C3 situated in the Obediah W.. Knight Survey, Abstract No. 899, and being approximately 3.561 acres. Current zoning is "AG" Agricultural Regular City Council Meeting Minutes of January 18, 2000 Page 13 of 26 IO-A. IO-B. 10-C. 10-D. District with the requested zoning of "SF-I" Single Family Residential District. Location: 219 Lilac Lane being on the south side of Lilac Lane approximately 200' east of Pine Drive. Owner/Applicant: Sherry Berman. Public hearing set for February 1, 2000. Ordinance No. 480-326, lst Reading, (ZA 99-138), Rezoning on property legally described as Tract 20 situated in the R.D. Price Survey, Abstract No. 992, and being approximately 2 acres. Current zoning is "AG" Agricultural District with a requested zoning of "SF-1B" Single Family Residential District. Applicant: Linnie McAdams. Owner: Linnia Johnson. Public hearing set for February 1, 2000. Authorize the Mayor to enter into a developer agreement for Eagle Bend Estates. The final plat for Timarron Eagle Bend Estates, Phase 2 was approved on November 4, 1999. This subdivision contains 37 lots and is situated along the north side of Bear Creek. The developer agreement is the City's standard developer agreement and covers all public infrastructure improvements. It was noted that on January I0, 2000, the Park Board reviewed the park fee requested by the developer and did not make a recommendation. Authorize the Mayor to enter into a developer agreement for Kimball~1709 Addition, Lots 2, 3, and 4, Block 1 (Lowe's). The Plat Revision for Kimball/1709 Addition Lots 2, 3, 4, and 5, Block 1, and Site Plan for Lowe's was approved on August 28, 1998. The driveways, fire lane and deceleration lane was recently constructed by Lowe's. This developer agreement covers the public water and sanitary sewer being constructed by Lowe's. This is the city's standard developer agreement. The Park Board approved a park fee of $8,175.80 plus constructing an 8-foot trail in lieu of the 6-foot trail on the Master Trail Plan. Award of bid to Jackson Construction, Inc., for the construction of sanitary sewer and roadway improvements along Love Henry Court. The Capital Improvements Project (CIP) budget previously allocated funds for this project. The project has been delayed due to the acquisition of a drainage and utility easement. The easement has been obtained and construction of this project can proceed. This project will include installation of a sanitary sewer to serve the residents along Love Henry Court. The contract also includes reconstructing Love Henry Court, following the installation of the sanitary sewer. A 4-foot sidewalk will also be installed on each side of Love Henry Court. Staff recommends Council award the bid to Jackson Construction, Inc., to construct sanitary sewer and paving improvements to Love Henry Court in the amount of $365,253. Amendments to the City Council Expense Policy. On December 2, 1996, the City Council approved the City Council Expense Policy. Due to the recent scrutiny over bond rating trips to New York, the staff believes it is in the best interest of the City to amend the current City Council Expense Policy to address bond-rating trips. It is not unusual for City's to make bond-rating trips to New York when it is Regular City Council Meeting Minutes of January 18, 2000 Page 14 of 26 deemed essential to the bond rating presentation for the City to obtain the optimum bond rating. Item C (e) was added, which reads: "Bond rating trips, when necessary to maintain or increase bond rating." Agenda Item #7-A~ Ordinance No. 480-JJ~ 2~d Reading, Revisions to the Comprehensive Zoning Ordinance No. 480, Impervious Coverage and Landscaping Ordinance No. 480-JJ, 2~a Reading, Revisions to the Comprehensive Zoning Ordinance No. 480, as amended, regarding the regulations on impervious coverage in the non- residential zoning districts, and correcting landscaping regulations in Ordinance No. 480 to remove any conflict with the provisions of Landscape Ordinance No. 544-A. Senior Planner Chris Carpenter presented this item noting this ordinance will revise the impervious coverage regulations by removing the language that allows additional impervious coverage in exchange for additional bufferyard or landscape. The percentage of maximum impervious coverage in each district will not be changed; no increase in impervious coverage will be permitted unless the Board of Adjustment grants a variance. The "I-1" and "1-2" industrial districts will not be affected by this ordinance. The ordinance also addresses conflicts between the Zoning Ordinance No. 480 and Landscape Ordinance No. 544-A, such as minimum plant sizes, existing tree credits and maintenance issues. The intention of these revisions is to bring the Zoning Ordinance into compliance with the Landscape Ordinance. PUBLIC HEARING: No comments were made during the public hearing. Motion was made to approve Ordinance No. 480-JJ, 2nd reading, revisions to the impervious coverage and landscape ordinance regulations, as presented. Motion: Edmondson Second: DuPre Councilmember Rex Potter stated, "One thing this ordinance does not addresses is the percentage of impervious coverage. When I talked with Zoning Administration Karen Gandy, before she put together information, which I did not have a chance to look at --- I am not sure of the percentages that we have in there. I would like for staff to go through and look at it again to be sure it is doing what we think it is doing as far as impervious coverage. And to be sure we are getting the amount of impervious coverage that we want." Ayes: Nays: Approved: Edmondson, DuPre, Potter, Fawks, Kendall, Moffat, and Stacy None 7-0 vote Agenda Item #7-B~ Ordinance No. 585-B, 2nd Reading, Amending The Tree Preservation Ordinance. Regular City Council Meeting Minutes of January 18, 2000 Page 15 of 26 Chief of Building Services Malcolm Jackson presented Ordinance No. 585-B, 2nd Reading, noting this ordinance was originally adopted on June 15, 1993, and amended on December 16, 1997. Councilmember Debra Edmondson met with Jackson and Keith Martin, landscap.e architect for the city, on several occasions regarding current enforcement action and related tree preservation ordinance procedures. Based upon the analysis of the ordinance, several suggested changes were presented to enhance the operational procedures towards improved efficiency and effectiveness. During the development of the suggested changes, the City experienced several tree preservation issues that exemplified the areas needing modification. The ideas were presented to the Planning and Zoning Commission and to the City Council for discussion. Staff subsequently conducted additional reviews with Councilmember Edmondson, in conjunction with extensive review and research with the City Attorney's office. As a result of those discussions, the original ordinance underwent a modification to its general structure in order to minimize duplicity, enhance comprehension, and better clarify specific points, while maintaining the original core of the ordinance provisions. Councilmember Debra Edmondson thanked Malcolm Jackson for all the hard work that he put into the project and for his staff, especially Keith Martin, for going out and enfoming the current ordinance. She looks forward to the continued enforcement of this new ordinance. Edmondson stated, "I would like to say that I am very excited about this amended tree ordinance. I have been involved with the City since 1996 and this is an issue that has been very near and dear to my heart and I think as we have grown as a city, we have become more diligent in enforcing our tree ordinance. This is a good ordinance and I think it will give us some good tools to further save some of our natural landscape." Mr. Jackson stated this is the first day for the new landscape administrator Mr. John Aard, noting that he is excited to be working with the City. Ms. Edmondson stated she would like to ride with Keith and the new landscape administrator in the near future. Jackson stated they encourage all the Councihnembers to ride with staff and learn about the process. PUBLIC HEARING: No comments were made during the public heating. Motion was made to approve Ordinance No. 585-B, 2nd Reading, amending Ordinance No. 585-A, the Tree Preservation Ordinance. Motion: DuPre Second: Edmondson Ayes: DuPre, Edmondson, Potter, Fawks, Kendall, Moffat, and Stacy Nays: None Councilmember Gary Fawks stated he appreciated the obvious investment in time and effort made by Councilmember Edmondson, in making obvious, substantial, significant improvements to this ordinance. Regular City Council Meeting Minutes of January 18, 2000 Page 16 of 26 Approved: 7-0 vote Councilmember Gary Fawks stepped down for agenda item #7-C, citing potential conflict of interest. Agenda Item #7-C, ZA 99-092, Site Plan for Southlake Marketplace Phase III. ZA 99-092, Site Plan for Southlake Marketplace, Phase III, on property legally described as Lots 5 and 6, Block 1, Southlake Crossing, Phase II, an addition to the City of Southlake, Tarrant County, Texas, according to the plat recorded in Cabinet A, Slide 2425 Plat Records, Tarrant County, Texas, and being approximately 10.067 acres. Current zoning is "C-3" General Commercial District. Applicant: Michael F. Twichell, L.P. Owner: Drews Realty Group. Senior Planner Chris Carpenter presented this item noting that eight (8) notices were sent to property owners within the 200' notification area and one (1) written response was received from: R.B. Goode, Route 1, Box 215H, Canton, Texas, in favor of. ,4 petition, with eighty-six (86) signatures, was received on December 2, 1999, opposing this item. The Planning and Zoning Commission approved this item on November 4, 1999, (7-0 vote), subject to the Site Plan Review Summary No. 3, dated October 29, 1999, deleting Items #1.c (masonry construction), and #2a. (parking spaces), and #3 (bufferyards). On December 7, 1999, the City Council approved (4-1 vote) to table and to continue the Public Heating to the January 4, 2000 City Council meeting. January 4, 2000, the Council approved the applicant's request to table time certain January 18, 2000 City Council, continuing the public heating. John Drews, 280 Commerce Street, Southlake. Mr. Drews stated the Hobby Lobby building is the issue that led to the tabling in December, as there were concerns addressed about the way that the back of the building looked and also how the front of the building looked and also the east elevation. All of those issues were addressed by the architect and Mr. Drews. He stated they have had discussions with Councilmembers and homeowners in the area and there were major changes made. They have made changes to the entire front of the building, changing it to stone [the same stone that is used on Albertson's and throughout the entire project]; in addition, they have made all the columns stone instead of using the parallel shield columns. They have done the same thing on the other two retail buildings as well. Drews noted they have added architectural elements, insert designs, and color on the articulated towers; they added additional stair stepping which does away with the box look that everyone objected to. They added screening in the back on the l-lA acres. There will be an 8' masonry wall which was put up by Toll Brothers and they are going to berm in that area [raising the grade] and are going to plant eastern red cedars, which when placed on top of that, will effectively give a 15-foot screen to start with, planted in such a manner that it will create a screen effect on those lots that are impacted. They grow fast and will make a total screen. Regular City Council Meeting Minutes of January 18, 2000 Page 17 of 26 Mr. Drews stated they need variances on the articulation for all three buildings; they agreed last time about the variances to the 5,000-foot building in front on Southlake Boulevard; Retail A is the restaurant [minor variances there]. Looking at the Summary Review Letter #5, dated January 14, 2000 he stated they need the variances as noted on all three buildings as previously proposed; #1.b they need the variance that will allow them to use the tilt wall to be finished as discussed; #2.a utilizing the 10% reduction in parking when you are in the con/dor overlay zone; #3, relocation of bufferyards. Councilmember Edmondson asked, "On retail C [the building in front] are you going to do the brick columns on the two sides?" Drews stated he would do stone on two sides. Ms. Edmondson asked Drews about the landscaping requirement in the new ordinance and asked would he be willing to meet the requirement for the entire project? Mr. Drews stated they are under contract with Albertson's and he cannot change the terms of their filed document regarding new ordinances of the city. CONTINUATION OF THE PUBLIC HEARING: Lynn Swager, Southlake Woods Addition. Ms. Swager stated she met with Mr. Drews and agreed to the changes made by him. She stated she is here on behalf of the neighborhood behind the Hobby Lobby Store. Public hearing closed. Motion was made to approve ZA 99-092, subject to the Site Plan Review Summary #5, dated January 14, 2000; granting the variance for item #lA; accepting the remaining P& Z recommendation; also, incorporating Mr. Drews' commitment to the plantings in the rear of the property and the checker-board effect; and the 6 to 8 foot-high berms in the back; subject to the landscape administrator; and subject to the review letter presented tonight with 100% stone on all columns and the stone on the columns on the side and the rear. Motion: Second: Ayes: Nays: Approved: Potter Edmondson Potter, Edmondson, Kendall, Moffat, DuPre, and Stacy None 6-0 vote Councilmember Gary Fawks returned to the Council table. Agenda Item #7-D, Ordinance No. 717-B, 2nd Reading, Amending Ordinances 717 and 717-A, Designating the Speed Limit within Cross Timber Hills Subdivision. Deputy Director of Public Works Charlie Thomas presented Ordinance No. 717-B, 2nd Reading, amending Ordinances 717 and 717-A, and Chapter 18, Article III, Section 18- 79 of the Southlake City Code; designating the speed limit within Cross Timber Hills subdivision and Oaktree Estates Addition as 25 mph. Thomas noted the City staff, Department of Public Safety, and Public Works have been working with the homeowners Regular City Council Meeting Minutes of January 18, 2000 Page 18 of 26 association to investigate and reduce the speeding problem in the Cross Timber Hills and Oaktree Estates. The Department of Public Safety has placed the "smart trailer" and conducted additional enforcement to attempt to educate the offending drivers. The streets being considered include: Cross Timber Hills Addition: Morgan Road, Forest Lane, Lakeview Drive, Hidden Glen Court, Wood Creek Lane, Cross Timber Drive, Twin Creek, Woodbrook Lane, Woodbrook Court, Holland Hill, Estella Way, Ten Bar Trail, Ten Bar Court, Meadow Glen, and Glen Cove. Oaktree Estates: Westmont Drive, Westmont Court, Kings Brook Court, Kings Brook Drive, Milton Drive, Lakeside Court, Forrest Hills Court, and Forrest Hills Drive. Mr. Thomas noted that the City Council approved the first reading of the ordinance on January 4, 2000. Councilmember Ronnie Kendall asked staff if there were currently signs in Cross Timber Hills for 25 mph? Mr. Thomas stated yes, they were erected by someone other than the City of Southlake. Deputy Director of Public Safety, Fire Services Division Ricky Black stated, once the signs are installed, enforcement would begin in ten to twelve days. PUBLIC HEARING: Jerry Gibson, 1213 Kingsbrook Court, Southlake. Mr. Gibson stated he lives in Oaktree Estates. He stated they did a petition in the neighborhood with 86 signatures in favor of the additional stop signs. He noted there are 123 homeowners, and for the record, only six homeowners were opposed to lowering the speed limit. The remainder of the homeowners could not be contacted or the homes were vacant. He wants to go on record as saying the Southlake Police Department, particularly Director Gary Gregg, has been very cooperative and they appreciate it. All the citations issued for speeding in Oaktree Estates were from residents of that addition. They have adopted a plan to communicate to the homeowners how very important it is to drive safety in the addition. He stated with the help of Council tonight, this would be the first step in implementing their plan called, "Speed Rupture Plan" in Oaktree Estates. Tim Klingler, 1217 Kings Brook Drive, $outhlake. Mr. Klingler stated he applauds the City Council for approving this ordinance on first reading. He asked that the City Council enforce this issue when new homeowners come into the City. A discussion was held by Council regarding the legality of implementing a 25-mph speed limit on new residential subdivisions automatically. City Attomey Wayne Olson stated the State statue has a default that says the speed limit is 30-mph unless the neighborhood petitions the City to change the speed limit to 25-mph. Public hearing closed. Regular City Council Meeting Minutes of January 18, 2000 Page 19 of 26 Motion was made to approve Ordinance No. 717-B, 2nd Reading, designating the speed limit within Cross Timber Hills subdivision and Oaktree Estates Addition as 25-mph. Motion: Second: Ayes: Nays: Approved: Fawks Potter Fawks, Potter, Edmondson, DuPre, Kendall, Moffat, and Stacy None 7-0 vote Agenda Item #7-G, Resolution No. 00-11, ZA 99-126, SUP for Thai Chili Resolution No. 00-11, ZA 99-126, Specific Use Permit (SLIP) for the Sale of Alcoholic Beverages for On-Premises Consumption per Zoning Ordinance No. 480, Section 45.1 (1) for Thai Chili, on property legally described as Block 4, Southlake Town Square, Phase I, an addition to the City of Southlake, Tarrant County, Texas, according to the plat recorded in Cabinet A, Slides 4892 and 4893, Plat Records, Tarrant County and being approximately 5.415 acres. Current Zoning is 'SXlR-PUD" Non-Residential Planned Unit Development to include "C-3" General Commercial District uses. Applicant: Thai Chili. Owner: Southlake Central Venture. Senior Planner Chris Carpenter presented this resolution, noting two (2) notices were sent to property owners within the 200' notification area and no written responses were received. Due to the limited scope of this request and the fact that no changes were made to the previously approved concept/site plan, no new review letter was generated. This site is subject to all conditions of the previously approved plans. The Planning and Zoning commission approved this item (7-0) vote, placing a 10-year limit on the SUP because it is in Town Square. The applicant was present to answer questions of Council. She resides at 105 Lakeshore Drive, Irving, Texas. [Unable to determine applicant's name from the tape recording]. PUBLIC HEARING: No comments were made during the public hearing. Motion was made to approve Resolution No. 00-11 (ZA 99-126), SUP as recommended by the Planning and Zoning Commission (10-year permit) attaching page 7G-4 from the Council packet which indicates the exact location of the business in Town Square. Motion: Second: Ayes: Nays: Approved: Fawks Edmondson Fawks, Edmondson, Potter, Moffat, DuPre, and Stacy None 6-0 vote (Councilmember Kendall was out of the room and did not vote). Council adjourned for recess at 9:15 p.m. Council returned for open session at 9:25 p.m. Regular City Council Meeting Minutes of January 18, 2000 Page 20 of 26 Agenda Item #7-E, ZA 99-090, Development Plan for Proposed Lot 1-4, Block 1, Sabre Corporate Campus ZA 99-090, Development Plan for proposed Lots 1-4, Block 1, Sabre Corporate Campus, on property legally described as Lot 4, Block A, MTP-IBM Addition No. 1, an addition to the City of Southlake, according to the plat recorded in Volume 388-211, Page 68 and 69 of Plat Records, Tarrant County, Texas, and as recorded in Cabinet G, Page 208, Plat Records, Denton County, Texas; Tracts 1, 1Al, lC, 2Al, 2A2, 2A3, 2A4, 2A4A, 2A5, 2A5A, 2A7, and portions of Tracts 2A and 2A6 situated in the U.P. Martin Survey, Abstract No. 1015; portions of Tracts 1 and lC situated in James B. Martin Survey, Abstract No. 1134; and portions of Tracts 3Al, 3A1A, 3A1A2, 3A1B, 3A3A1, 4B, 4B1, 4B1C, 4B2, 4B2A, situated in the Rees D. Price Survey, Abstract No. 1207, and being approximately 154.8 acres. Current zoning is "NR-PUD" Non-Residential Planned Unit Development District with "0-2" Office District uses and certain other permitted and accessory uses set forth in Exhibit "B", Planned Unit Development Standards which are generally related to communication, computer, and information technologies; training and conference centers; parking structures; heliport/stop and vertiport/stop; hotel, restaurant, retail and office uses. Applicant: The Sabre Group. Owner: Maguire Partners. Senior Planner Chris Carpenter presented this case noting that six (6) notices were sent to property owners within the 200' notification area and no written responses were received. Mike Baker, Vice President of Corporate Services for Sabre. Mr. Baker stated on behalf of the eleven thousand employees of Sabre they are happy to be here. Over the past several months they have worked closely with their designers and city staff on the details of the Sabre Campus. The overall design meets or exceeds the standards and regulations set forth in the PUD. They have designed the campus to accommodate and preserve the natural features of the site. It is important to Sabre and to the City as well, that they address environmental issues with the campus. Their goal is to meet "Green Building" certification status and this means that the construction and operation of the building will incorporate water conservation, energy efficiency, site preservations and other environmental guidelines endorsed by the U.S. Green Building Counsel using the "L.E.A.D" guidelines, which stands for leadership and energy in environmental design. Kevin Sloan, Landscape Architect for Sabre. Mr. Sloan presented the special features of the plan. He stated the 2.3 million square foot campus would include ten buildings. North White Chapel Boulevard will be utilized for emergency access only. The speed limit on Kirkwood Boulevard will remain 25-mph. Safety is a concern throughout the campus. He noted they have met or exceeded the requirements of the P.U.D. One particular fact to point out, is the development plan will provide for 65% site coverage, and the campus concept essentially achieves 23% site coverage. It is a very open, green concept. Councilmember Gary Fawks asked Mr. Sloan about the plantings as the structures go up. Regular City Council Meeting Minutes of January 18, 2000 Page 21 of 26 PUBLIC HEARING: No comments were made during the public heating. Mike Baker commented on the Development Plan Review Summary noting they are requesting no variances. Motion was made to approve the Development Plan of Sabre Corporate Campus subject to the Development Plan Review Summary #3, dated December 13, 1999. Motion: Second: Ayes: Nays: Approved: Edmondson DuPre Edmondson, DuPre, Potter, Fawks, Kendall, Moffat, and Stacy None 7-0 votes Agenda Item #7-F, ZA 99-091, Site Plan for Portions of Lots 1, 2~ & 4, Block Sabre Corporate Campus ZA 99-091, Site Plan for portions of proposed Lots 1, 2, & 4, Block 1, Sabre Corporate Campus, on property legally descried a portions of Tracts IA1, 2Al, 2A2, 2A4, 2A4A, 2A5A, 2A7, situated in the U.P. Martin Survey, Abstract No. 1015; and portions of Tracts 3A1B, 4B, 4B1, 4B2, 4B1C, 4B2A, situated in the Rees D. Price Survey, Abstract No. 1207, and being approximately 35.99 acres. Current zoning is "NR-PUD" Non- Residential Planned Unit Development District with "0-2" Office District uses and certain other permitted and accessory uses set forth in Exhibit "B" Planned Unit Development Standards which are generally related to communication, computer, and information technologies; training and conference centers; parking structures; heliport/stop and vertiport/stop; hotel, restaurant, retail and office uses. Applicant: The Sabre Group. Owner: Maguire Partners. Senior Planner Chris Carpenter presented the site plan and noted that one (1) notice was sent to property owners within the 200' notification area and no written responses were received. Carpenter noted that on January 6, 2000, the Planning and Zoning Commission approved (7-0) this case subject to the Site Plan Review Summary No. 3, dated December 30, 1999, specifically approving the plans as submitted and accepting the applicant's commitment to comply with Lighting Ordinance No. 693-B. Mike Baker and Dan Jakins were present to answer questions of the City Council. Mr. Jakins stated that the scope of Phase I of the project would include two buildings and a five-level parking structure. He proceeded to describe the materials that are planned to be used in the construction, including a native Texas stone being used that will blend with the area. All clear glass used will be low reflective glass and they intend to hide all elements on the roof. Regular City Council Meeting Minutes of January 18, 2000 Page 22 of 26 Councilmember Gary Fawks asked Mr. Jim Stewart when would the bridge be completed? Mr. Steward stated they are ready to begin and the bridge will be completed in six months. PUBLIC HEARING: No comments were made during the public heating. Motion was made to approve the Site Plan for Lots 1, 2, and 4, Block 1, Sabre Corporate Campus subject to the Site Plan Review Summary No. 3, dated December 30, 1999. Motion: Second: Ayes: Nays: Approved: DuPre Fawks DuPre, Fawks, Kendall, Moffat, Edmondson, Potter, and Stacy None 7-0 votes Agenda Item #8-C, Ordinance No. 480-321, 1st Reading, (ZA 99-108)~ St. Martins- In-The-Fields Episcopal Church. Ordinance No. 480-321, 1st Reading, (ZA 99-108), Rezoning and Revised Concept Plan for St. Martin-in-the-Fields Episcopal Church, on property legally described as Lots 1 and 2, Block 1, St. Martin-in-the-Fields Addition, an addition to the City of Southlake, Tarrant County, Texas, according to the plat recorded in Cabinet A, Slide 1346, Plat Records, Tarrant County, Texas, and being approximately 11.8 acres. Applicant: GSBS Batenhorst, Inc. Owner: St. Martin-h-The-Fields Episcopal Church. Senior Planner Chris Carpenter presented ZA 99-108, noting seven (7) notices were sent to property owners within the 200' notification area and one (1) response was received from: Ranch Land Leasing Company, Inc. 216 Warbler Court, Bedford, no comments. On November 18, 1999 the Planning and Zoning Commission approved (7-0) the applicant's request to table and to continue the public hearing to the December 9, Planning and Zoning Commission meeting. On December 9, 1999, the Planning and Zoning Commission approved to table and to continue the public hearing to the January 6, 2000 P&Z meeting. On January 6, 2000, the Planning and Zoning Commission approved this item (7-0), subject to the Concept Plan Review Summary No. 3, dated December 3, 1999, deleting Items #2.a. 1 (cemetery use required to be no less than 500' from any residence and shall be enclosed in a fence); #2.d. 1 (screening on the east and southeast); #3 (bufferyard requirements); and Vice-Chairman Peebles said he is not opposed to the requested variances to Items #2.b.1, and #2.c.I, and #2.e but would just like to see them at the Site Plan stage. Councilmember Debra Edmondson asked why the Planning and Zoning Commission tabled this item two times? Dennis Killough responded that it was tabled first at the applicant's request and the second tabling was due to the number of items on the P & Z Regular City Council Meeting Minutes of January 18, 2000 Page 23 of 26 agenda. Councilmember Potter had questions regarding the review summary and why certain items did not reflect action taken by the P&Z. Councilmember Ronnie Kendall stated she wished the applicant was present to hear Council table this item because there were some issues with the request. She asked why they chose this zoning? She also commented on the chart that shows just how much they do not comply with the ordinances, and this really stands out. She encouraged them to take some hard looks to see if they can comply with especially the neighborhood adjacency issues. They need to be a good neighbor, as she feels this is important. Other issues include: bufferyard, interior plantings, and etc. Motion was made to table Ordinance No. 480-321, time certain February 1, 2000 because the applicant was not present. Motion: Second: Ayes: Nays: Approved: Fawks Kendall Fawks, Kendall, Moffat, DuPre, Edmondson, Potter, and Stacy None 7-0 vote to table. Agenda Item #8-B, Ordinance No. 480-HH, 1st Reading, Regulations for Outside Storage, Outside Display and Screening. Senior Planner Chris Carpenter presented the first reading of Ordinance No. 480-HH, Revisions to the Comprehensive Zoning Ordinance No. 480, as amended, regarding regulations on outside storage, outside display and screening. Ordinance No. 480-HH, proposed revisions to Section 38, "Outside Storage" and Section 39, "Screening". It is intended not only to improve the visual impact on the City, but also to eliminate safety hazards such as tall displays located within parking lots that block visibility. The provisions regarding outside storage in the ordinance include the following: · outside storage may be allowed only with a Specific Use Permit; · there will be no outside display; · a minimum 8' screening wall to enclose all storage areas, except industrially zoned properties having no residential adjacency; · outside storage is an accessory use to a principal use; storage must comply with the required setbacks for the principal structures on the lot; · Storage must be located at the rear or side of the building, bm cannot be placed between the principal building and any adjacent public street. Screening issues are also addressed in this ordinance, dealing mainly with clean up on inconsistencies. The following are the changes discussed during the joint work session of the Council and Commission earlier this month. Regular City Council Meeting Minutes of January 18, 2000 Page 24 of 26 · Adding the O-1 and 0-2 districts to the list of districts, which may apply for the outside storage SUP. · Adding the requirement of a screening wall for accessory uses permitted to be displayed in front of the principal building. · Clarifying the provisions that chain link fencing with slats are only permitted screening devices for properties within the I-1 and I-2 districts not having residential adjacency; and, · Clarifying the provision that where an existing screening wall or fence (constructed by a residential property owner and used to satisfy a nonresidential screening requirement) is destroyed by more than 50% of its value, then it is the responsibility of the nonresidential property owner to construct a new screening wall or fence to the current standards. An extensive discussion was held regarding areas of the ordinance still under consideration. Mayor Stacy asked to have identified the things to be corrected in the ordinance. He stated he feels there have been too many changes to consider this ordinance tonight. Staff was instructed to review the tape of this discussion, incorporating the appropriate changes to the ordinance and bring back at the next meeting for consideration of the first reading. City Manager Billy Campbell encouraged the City Council to communicate their issues with this ordinance between he and Karen Gandy and would bring the ordinance back for discussion at the next meeting. Councilmember Patsy DuPre stated she likes the City Manager's idea, and changed her original feelings that this ordinance should be brought back for first reading at the next meeting, but that it needs more discussion by the City Council with a "clean copy" of the ordinance. Motion was made to table Ordinance No. 480-HH, 1st reading. Motion: Second: Ayes: Nays: Approved: Edmondson DuPre Edmondson, Kendall, Moffat, DuPre, and Stacy Potter, Fawks. 5-2 vote to table. Agenda Item II-A, Discussion: Hotel Occupancy Tax Ordinance Assistant to the City Manager Shelli Siemer prepared information in response to City Council's indications of their desire to pursue the adoption of a hotel occupancy tax in the City of Southlake. The local hotel occupancy tax can provide an alternative source of funding for a city's economic development initiatives to promote tourism in the convention and hotel industry. As explained in a letter from City Attorney Debra Drayovitch, the City may implement a hotel occupancy tax by adopting an ordinance calling for the levy of the tax. Unlike the local sales tax, the hotel occupancy tax can be implemented without voter approval. The memorandum from Ms. Siemer dated January Regular City Council Meeting Minutes of January 18, 2000 Page 25 of 26 14, 2000 is hereby attached to the minutes of this meeting. The memo highlights information pertaining to the allowable tax rate, comparison rates with neighboring cities, the allowed use of hotel occupancy tax revenues including definitions of allowed and prohibited uses, a summary of how area cities spend their hotel occupancy tax revenue, and possibilities for Southlake to use hotel occupancy tax revenues. Boyd Dollar, Bob Jones Road, Roanoke. Mr. Dollar stated he feels the City Council should be careful how we define the hotel occupancy tax. Mayor Stacy suggested this item be brought back to Council in the form of an ordinance. Agenda Item #12, Adjournment Mayor Rick Stacy adjourned the Regular City Council meeting at 11:00 p.m. ATTEST: Regular City Council Meeting Minutes of January 18, 2000 Page 26 of 26 /—/ CC CONFLICT OF INTEREST AFFIDAVIT THE STATE OF TEXAS § ..OUNTY OF 40U/4 1, ( c ( )c-S as a member of the r Gne, , make this affidavit and hereby on oath state the following: I have a substantial interest in a business entity or real �roperty as defined in Chapter 171, Texas Local Government Code, and a vote is to be taken or a decision is to be made that will have a special economic effect on this business entity or real property. The agenda item affecting this business entity or real property is: 1 COMPLETE (A) or (B): (A) The business entity is CETUAD yr ICkiie (name); or (B) The real property is located at: I have a substantial interest for the following reasons: (check all which are applicable) di + Ownership of 10 % mor;, : :, - . • - • - - _ � . business entity. %¢ t s . Owners Zip of 10% or (Wore or $1 400 or more of the fair market value of the business entity. Funds received from the business entity exceed 10% of gross income for the previous year. Real property is involved and I have an equitable or legal ownership of the property with a fair market value of at least $2,500. A relative of mine has a substantial interest in the business entity or real property that would be affected by a decision of the public body of which I am a member. Upon filing of this affidavit with the City Secretary, I affirm that I will abstain from voting on any decision involving this business entity or real pro erty and from any further participation on this matter by discussion or debate. Signed this /a ' day GLic, �j (���►- y . " r- of • fir The State of , 4 3 County of ►, , Before me ' N EiIJAMir • on this day personally appeared 5 /tAi,i► known to me (or proved to me on the oath of or through (description of identity card or other document) to be the person whose name is subscribed o the foregoing instrument and acknowledged to me that he executed the same for the purposes and consideration therein expressed. Given une_.,�� ; l; *,n seal of office this j day of I :'� t , A.D. / 2..U.a . \ ZPRY Pi \ (SEAL) �.o ( �� SANDRr; * or * Notary Public STATE o Iry .. MY t m n. F _ :c . . .. 3 /1 414 1 Notary P'ablic in and for the State of Texas H: LIBRARY \MERGE ConflictoflnterestAffidavit.wpd SOUTHLAKE COUNCIL PRESENTATION January 18, 2000 Mayor Stacy and Council members, thank you for the opportunity to speak to you this evening. My name is Ben Brewster. I am a Trophy Club resident and serve as Mayor Pro Tem. We have six elected officials that wish to speak tonight regarding the Site Plan for the Sabre project. I will introduce the speakers and speak to the matter of environmental impact. Then... Council Member, Bill Matthai will address safety issues. Council Member, Susan Edstrom will review and present a petition. MUD Director, Dean Henry will speak to property concerns as a Southlake property owner. MUD 2 President, Jim Thomas will state concerns about MUD growth. Chairman of the Westlake /Trophy Club Department of Public Safety Board, Jim Budarf will address Emergency Services issues. On November 3 1999, Mr. David Laney, Commissioner of Transportation for the State of Texas spoke at the Metroport Cities Partnership meeting and warned that funds for the development of the Hwy 114 corridor could be delayed or derailed if we didn't pay attention to EPA standards for clean air in our area. The message that we received was that we should be proactive in our efforts to meet or exceed EPA requirements. Everyone wins with clean air...however; the current Sabre Corporation development plan threatens this worthy goal. The bottom line is that if T.W. King E. and Kirkwood Blvd. are closed, Southlake and Trophy Club commuters will use an additional 100,000 gallons of gasoline and drive 1,500,000 additional miles the first year of closure. At first glance, an additional 2 miles in our daily commute seems trivial, but when over 2,200 vehicles per day have to circumvent the closure in order to gain access to the Solana complex or east bound Hwy 114 the numbers add up quickly. These numbers are based on a traffic study completed during June of 1999 by the engineering firm of TEAGUE NALL AND PERKINS. Using a conservative growth rate of 5 percent over a five -year period we estimate an additional 536,000 gallons of gasoline will be used because of the closure. To see this graphically it will require 35 gasoline tankers to haul the fuel necessary to drive around the closure. In closing, we believe that both of our cities and the Sabre Corporation want to be environmentally sensitive. Trophy Club has already invested in engineering services in an attempt to find a rational alternative to the road closure. Solutions are difficult to find but we believe that by working together an alternative can be implemented that will help Sabre accomplish its goals and objectives while preventing the unnecessary pollution of our environment. Thank you, Ben Brewster, Mayor Pro Tem Town of Trophy Club Donna Welsh From: sent: Tuesday, January 18, 2000 6:08 AM ,'o: Subject: Southlake Council Presentation Donna: Here's my presentation to their council. I talked with Jim Budarf and already made some revisions. This should be the final version but you may need to check with him to see if I needed to make any other adjustments. I will be in class from 9 -1lam today but should be back in office from 11 -12:30 or you can call me on the cell phone. See you later. SOUTHLAKE COUNCIL PRESENTATION Mayor Stacy, Southlake City Council members, staff members, citizens and guests, it is a privilege for me to address you this evening. My name is Bill Matthai and I am a resident and Town Council member for the Town of Trophy Club, your neighbor to the Northwest. Trophy club as you know is a small town of almost 7000 citizens but it is unique in that our Town has only 3 primary entrances and exits into and out of the Town all of which connect directly onto Hwy 114. Closure of any of these points will seriously impact access and evacuation routes and could completely gridlock our town. My area of concern tonight, deals with the access and safety issues that closure of this main exit and entrance will have on Trophy Club and on `hose residents living in Southlake along T.W. King Road. Kirkwood Blvd. is one of the main evacuation routes for Trophy Club. In the event of a natural disaster such as a tornado or flood, the closure of this exit could seriously affect thousands of residents and emergency vehicles trying to enter or exit any of the affected areas. When the reconstruction of Hwy 114 extends from Kirkwood Blvd. west to Roanoke, the Trophy Club Drive interchange will have to be shut down for bridge construction. This would leave the 7000 residents only one entrance and exit onto Hwy 114 which would completely gridlock the entire community and in the event of a natural disaster this closure could be devastating! Kirkwood Blvd. is the only interchange with Hwy 114 that allows residents to drive under the highway to travel north or south. This is crucial if the highway is grid locked or shut down due to traffic, emergencies or accidents. Closure of Kirkwood would also force thousands of vehicles onto the westbound access road onto Hwy 114 to turn left onto Precinct Line resulting in serious traffic tie ups and delays and increasing the chances for serious accidents. Finally, closure of Kirkwood Blvd. would dramatically affect westbound Hwy 114 traffic and Sabre traffic because of the thousands of vehicles exiting off of Hwy 114 at Kirkwood and having to stop at either a stop sign or stop light at Kirkwood Blvd only to be delayed further by Sabre traffic entering through their security gates. This would cause a massive backup onto Hwy 114 for residents and Sabre employees and create a potential for accidents similar to what is occurring in Grapevine at their Wall Street exit. "1 of these reasons I have just mentioned represent more than just a rdship or inconvenience to the residents of Trophy Club and Southlake but clearly represent serious safety and highway access concerns. I strongly urge you for the safety and security of all our residents not to close this road. Other simple and cost effective 1 solutions which can still provide the security that Sabre Corporation is seeking are available which will not have such an impact on thousands of your good neighbors and on your own residents. As an elected representative of Trophy Club I encourage you to work with us, to -7onsider these alternatives, and to do the right thing. Thank you for your consideration. Bill Matthai Town Council Representative - Town of Trophy Club January 18, 2000 2 MR. MAYOR AND MEMBERS OF THE SOUTHLAKE CITY COUNCIL, MY NAME IS SUSAN EDSTROM. I LIVE AT 269 OAK HILL DRIVE IN TROPHY CLUB AND I AM A MEMBER OF THE TROPHY CLUB TOWN COUNCIL. I APPRECIATE THE OPPORTUNITY TO BE HERE TONIGHT TO TALK ABOUT AN OPPORTUNITY FOR POTENTIAL COOPERATION BETWEEN SOUTHLAKE AND TROPHY CLUB. SINCE I JOINED THE TROPHY CLUB TOWN COUNCIL I HAVE HAD THE OPPORTUNITY TO COME TO KNOW SOUTHLAKE COUNCIL MEMBERS PATSY DUPRE, RONNIE KENDALL AND DEBRA EDMONDSON THROUGH OUR PARTICIPATION IN AN AREA WIDE GROUP OF WOMEN IN GOVERNMENT AND THAT HAS BEEN A PLEASURE. SOUTHLAKE AND TROPHY CLUB HAVE A SIGNIFICANT NUMBER OF MUTUAL INTERESTS AND I FOR ONE AM ANXIOUS TO WORK FOR THOSE SUCCESSES. I AM CERTAIN THAT YOU MADE A DECISION TO ALLOW THE CLOSURE OF THIS ROAD IN A GOOD FAITH JUDGMENT THAT APPEARED TO BE A REASONABLE ACTION BASED ON INFORMATION PROVIDED TO YOU. WHAT YOU KNOW NOW IS THAT CLOSING EAST KIRKWOOD BOULEVARD WILL HAVE A SERIOUS NEGATIVE IMPACT ON YOUR NEIGHBORS IN TROPHY CLUB, AS WELL AS MANY OF YOUR OWN SOUTHLAKE RESIDENTS. 1 WITH THIS KNOWLEDGE, I BELIEVE IT IS CLEAR THAT THE DECISION TO CLOSE THE ROAD SHOULD BE REVISITED AND A REASONABLE AND WORKABLE ALTERNATE SOLUTION FOUND. I BELIEVE IT IS OUR RESPONSIBILITY AS COMMUNITY OFFICIALS TO REVIEW AND CHANGE DECISIONS THAT ARE PROVEN TO BE BAD. TO ME, THE BOTTOM LINE IS THIS. A SOLUTION TO SABRE'S OBJECTIVES PROPOSED BY CLOSING EAST KIRKWOOD CAN JUST AS EASILY BE ACCOMPLISHED WITHOUT CLOSING IT. PROPOSALS YOU HAVE SUGGESTED RANGING FROM TWO WAY TRAFFIC ON THE SERVICE ROAD, TO A HIGHWAY 114 CROSSOVER WEST OF KIRKWOOD DO NOT CREATE ANY MORE OR LESS SECURE FACILITY THAN COULD EXIST WITH EAST KIRKWOOD REMAINING OPEN, AND ALL OF THE ALTERNATE PROPOSALS YOU HAVE REVIEWED AND SUGGESTED CREATE PROBLEMS AND EXPENSE FOR TROPHY CLUB. TONIGHT YOU WILL HAVE HAD THE OPPORTUNITY TO HEAR THE NEGATIVE IMPACT OF THIS ROAD CLOSING ON OUR TOWN AND ON MANY OF YOUR RESIDENTS. WHEN A 2 DECISION LIKE THIS IS MADE THAT HURTS A LARGE GROUP OF PEOPLE, NO MATTER HOW WELL INTENTIONED, NO MATTER HOW GOOD THE IDEA SEEMED AT THE TIME, THAT DECISION NEEDS TO BE CHANGED. YOU CAN, OF COURSE, DISREGARD OUR NEEDS IN TROPHY CLUB, YOU CAN EVEN DISREGARD THE NEEDS OF YOUR OWN SOUTHLAKE RESIDENTS WHO NOW OR SOON WILL LIVE NORTH OFF OF T.W. KING, BUT IF YOU CLOSE THIS ROAD NEITHER YOU NOR SABRE WILL HAVE TAKEN THE OPPORTUNITY YOU HAVE TO BE GOOD NEIGHBORS. A WEEK AGO LAST SATURDAY I BEGAN ASKING MY TROPHY CLUB NEIGHBORS AND FRIENDS AND OTHERS AFFECTED BY THIS CLOSING WHO WANTED TO EXPRESS THEIR CONCERN TO SIGN A PETITION ASKING SOUTHLAKE AND SABRE OFFICIALS TO FIND ANOTHER SOLUTION TO THE CLOSING OF EAST KIRKWOOD. INCLUDED ARE THE SIGNATURES OF THE MEMBERS OF THE NORTHWEST COMMUNITIES PARTNERSHIP. IN 9 DAYS, ONE THOUSAND SEVEN HUNDRED AND TWENTY FIVE TROPHY CLUB, SOUTHLAKE AND NEIGHBORING RESIDENTS HAVE SIGNED THAT PETITION AND I AM PRESENTING THAT TO YOU TONIGHT. THE PETITION READS: "TO THE EXECUTIVES OF SABRE AND THE ELECTED AND 3 APPOINTED OFFICIALS OF SOUTHLAKE. WE THE UNDERSIGNED INTERESTED CITIZENS AND USERS OF EAST KIRKWOOD BOULEVARD, HEREBY PETITION SABRE AND THE CITY OF SOUTHLAKE TO MAINTAIN EAST KIRKWOOD BOULEVARD AS A PUBLIC ACCESS ROAD. CLOSURE OF THE ROAD CREATES SIGNIFICANT ECONOMIC HARDSHIP, EMERGENCY SERVICES LIFE AND HEALTH RISKS, AGGRAVATES AIR QUALITY ISSUES AND CREATES MAJOR INCONVENIENCE FOR AREA RESIDENTS NUMBERING UPWARD OF 7,000 PEOPLE. WE URGE YOU TO ACT AS GOOD NEIGHBORS AND DETERMINE A COURSE OF ACTION OTHER THAN THE CLOSURE OF EAST KIRKWOOD BOULEVARD TO ACHIEVE YOUR OBJECTIVES." AS I PRESENT THESE SIGNATURES TO YOU, I WANT YOU TO CONSIDER THE MAGNITUDE OF THIS RESPONSE. WHY DID SO MANY INDIVIDUALS RALLY AROUND THIS ISSUE IN SUCH A SHORT TIME. THE ANSWER IS SIMPLE, A LARGE GROUP OF PEOPLE ARE HURT BY YOUR ACTIONS AND THEY NEED YOUR HELP TO FIX THE PROBLEM. TONIGHT IN PRESENTING THIS PETITION AND THESE SIGNATURES TO YOU, I AM ASKING YOU ON BEHALF OF ALL OF THESE INDIVIDUALS TO RECONSIDER THE ROAD CLOSING. PLEASE DO NOT JUST WORK AT JUSTIFYING WHAT YOU HAVE ALREADY PLANNED. INSTEAD, I ASK YOU 4 AND SABRE OFFICIALS TO TAKE THE TIME TO CONSIDER THE NEGATIVE IMPACT ON YOUR NEIGHBORS AND WORK TO DEVELOP A PLAN THAT WILL BE GOOD NOT ONLY FOR YOU BUT FOR THEM AS WELL. PLEASE FIND AN ALTERNATE SOLUTION THAT WILL KEEP EAST KIRKWOOD BOULEVARD OPEN TO THE PUBLIC. I KNOW ONE EXISTS AND WE WANT TO WORK WITH YOU TO FIND IT. THANK YOU. 5 SOUTHLAKE COUNCIL PRESENTATION Gentlemen, I am Jim Budarf. I am a resident of Trophy Club, currently I am Chairman of the Trophy Club Westlake DPS Board, Held the position first Fire Chief, currently an EMT and Engineer with the Fire Dept. I am also the VP of MUD #2 (municipal utility district #2). My concern with the closing of Kirkwood is two fold. First is from the DPS view point the second is from the MUD view point If you look at closing the road with a gate on the HWY114 side will back traffic up onto Hwy 114. This exposes Sabre employees to a danger from traffic. Have we forgotten the family that was stopped at the east bound traffic light at Dove Road and was run over by a gravel truck killing the children's mother ?? Do we want to knowingly set up a situation that could bring this type of exposure to people? Also, the East entrance of Trophy Club is the closest exit to get to Grapevine Hospital for the East Side of the Town. When we are carring a heart attack victim minutes count, will your gates be manned 24 hours a day? What happens during rush hour with traffic backed up ?? What happens when the power goes out, do we push thru the gates ?? This is not just Trophy Club wanting a good new neighbor, but also a responsible neighbor. The second point I want to make is that from the Utility District side, closing this exit to residents will ultimately shut down development on the east side of the town. One of the requirements put on the Town before the latest round of building on the East Side was the opening of the East exit. The contention is that a resident will not buy a house that requires a 5 mile drive to exit the town. In closing I am asking the Souhlake Board to review the decision they have made and work with Sabre and Trophy Club to work out a solution that everyone can live with. Thank you. TROPHY CLUB ECONOMIC DEVELOPMENT CORPORATION TOWN OF TROPHY CLUB Statement of the Trophy Club Economic Development Corporation Regarding Southlake's Proposal to Close T.W. King and Kirkwood Boulevard It has come to our attention that Southlake is currently taking steps to severely limit access to the east side of the Town of Trophy Club by unilaterally closing T. W. King East and Kirkwood Boulevard, and that these steps are being taken in face of the express disapproval of the government and citizenry of the Town of Trophy Club. The Board of Directors of the Trophy Club Economic Development Corporation believes that the closing of these roads is unnecessary and unfair to the citizens of Trophy Club, and that the action will have a detrimental economic impact on future commercial development in the Town of Trophy Club. We, therefore, ask that the City of Southlake, in consultation and cooperation with representatives of the Sabre Corporation and the Town of Trophy Club, develop a new plan for the area in question which will meet both the development needs of both Trophy Club and Sabre's goals for its new campus. In support of this reasonable request, we call attention to the following factors: 1. In the recent past, Southlake has desired and obtained cooperation and support from the government and citizens of Trophy Club on issues connected with the expansion and development of Highway 114. This spirit of interlocal cooperation has been rightly recognized as a key to successful development of the Alliance Corridor. To exclude the needs of Trophy Club citizens from the calculus of this decision will deal a serious blow to this cooperative spirit. 2. The far southwest edge of Trophy Club, which borders on Highway 114 and the Solana complex, contains one of the Town's most important areas for future commercial development. Since Southlake has recently expended much effort to establish quality commercial development within its own city limits, it should certainly understand the importance of this area to the Town of Trophy Club. The loss of access to this Trophy Club commercial zone would cause serious adverse economic consequences. 3. Trophy Club residents have for a long time relied on the availability of ingress and egress via the roads in question. In addition to use by ordinary citizens (often headed for work or shopping in Southlake), the roads have been used by emergency vehicles bound for fires or Baylor Medical Center. Loss of access would result in slower emergency response times. 4. The Trophy Club Economic Development Corporation welcomes the decisions of fine corporations like Fidelity and Sabre to locate in this area. Trophy Club does not wish to control the internal decisions of Southlake or Sabre or other entities. But the current issue concerns the impact on a border between Trophy Club and Southlake, and so has economic and practical implications beyond that border. That being the case, Trophy Club must be made a partner in determining the best solution of this problem. 5. Other considerations also recommend maintaining a viable east entrance for Trophy Club, among them the added daily miles Trophy Club residents would have to travel, with the attendant added fuel use and exhaust pollution, and the unhappy prospect of legal actions if no reasonable agreement can be achieved. 100 MUNICIPAL DRIVE TROPHY CLUB, TEXAS 76262 (817) 430 -1911 Page 2 We fully believe that some sort of agreement can be worked out which will be satisfactory to all parties if Southlake and Sabre will afford their neighbor a seat at the table. We respect the desire and right of Sabre to secure its corporate campus, but we are confident that that goal can be achieved while still accommodating the needs of the 7,000- and - growing resident population of Trophy Club. Approved unanimously by the Trophy Club Development Corporation on January 10, 2000. t \ A, Terry J. Christlieb, President Trophy Club Economic Development Corporation City of Southlake, Texas MEMORANDUM January 14, 2000 TO: Billy Campbell, City Manager FROM: Shelli Siemer, Assistant to the City Manager SUBJECT: Hotel Occupancy Tax Ordinance Action Requested: Discussion with the City Council regarding the proposed Hotel Occupancy Tax Ordinance. Background Information: The City Council has indicated a desire to pursue the adoption of a hotel occupancy tax in the City of Southlake. The local hotel occupancy tax can provide an alternative source of funding for a city's economic development initiatives to promote tourism in the convention and hotel industry. As explained in the attached letter from City Attorney Deborah Drayovitch, the city may implement a hotel occupancy tax by adopting an ordinance calling for the levy of the tax. Unlike the local sales tax, the hotel occupancy tax can be implemented without voter approval. This memo highlights information pertaining to the allowable tax rate, comparison rates with neighboring cities, the allowed use of hotel occupancy tax revenues including definitions of allowed and prohibited uses, a summary of how area cities spend their hotel occupancy tax revenue, and possibilities for Southlake to use hotel occupancy tax revenues. Allowable Tax Rate - Maximum Seven Percent (7 %) For those cities and counties participating in the hotel occupancy tax program, the maximum allowable tax rate is seven percent of the price paid for the use of a hotel room. Hotel food and personal service costs are not taxed. There is some variation in the levied tax rates for Texas cities. The comparative tax rates for neighboring cities and total revenues collected are as follows: City Hotel Tax Rate Hotel Tax Per Capita Tax Revenue 1998 Revenue Grapevine 6 % $ 3,280,265 $ 112.33 Lewisville 7 % $ 1,012,481 $ 21.76 N. Richland Hills 7 % $ 284,095 $ 6.19 Bedford 7 % $ 831,540 $ 19.00 Euless 7 % $ 332,995 $ 8.73 Hurst 7 % $ 76,687 $ 2.28 Farmers Branch 6 % $ 2,140,128 $ 88.25 Burleson 7 % $ 80,518 $ 5.00 Billy Campbell January 14, 2000 Page 2 The State of Texas administers a six percent hotel occupancy tax rate. There are seventeen counties, which have received legislative approval to adopt a county hotel occupancy tax. Neither Tarrant nor Denton Counties currently levy a hotel occupancy tax. Use of Hotel Tax Revenues - Promote Tourism The revenue generated from the local hotel occupancy tax must directly enhance and promote the tourism, convention and hotel industries in the city, which levies the tax. It cannot be used for general revenue purposes or to pay for governmental expenses unrelated to the task of tourism. The expenditure must be intended to bring visitors from outside of the city into the city or its vicinity. Expenditure Categories The expenditure of hotel occupancy tax revenues must fit into one of the five statutory categories: 1. Funding the establishment or improvement of a convention center 2. Paying the administrative cost for facilitating convention registration; 3. Paying for tourism related advertising and promotions of the city; 4. Funding programs which enhance the arts; or 5. Funding historical restoration or preservation programs. The explanations below summarize the allowable and prohibited expenditures for each of the five categories: (1) Funding the establishment or improvement of a convention center Convention Center facilities are defined as: civic centers, civic center buildings, auditoriums, exhibition halls, and coliseums owned by the city or other gov't entity managed by the city. Allowed Uses • Acquisition of sites for a convention center • Construction of a convention center • Improvements to a convention center facility, enlarging, equipping, and repairing the facility • Operation and maintenance costs associated with a convention center. • Parking areas or facilities located in the vicinity of the convention center Prohibited Uses • Recreational facilities such as a golf course or tennis courts cannot be funded by hotel tax revenues. In fact, using a portion of the hotel occupancy tax revenues for a city recreational facility has been upheld by the Attorney Genera to violate the intent of the tax. Billy Campbell January 14, 2000 Page 3 (2) Paying the administrative cost for facilitating convention registration Allowed Uses Costs associated with the administration of convention includes covering the facility costs, personnel costs, and costs of materials for the registration of convention participants. (3) Paying for tourism related advertising and promotions of the city Allowed Uses Promotional programs or advertising directly related to attracting conventions and tourists to the city. Prohibited Uses Advertising to attract new business and residents to the city is not an allowed use of hotel occupancy tax funds. (4) Funding programs which enhance the arts Arts is defined as instrumental and vocal music, dance, drama, folk art, creative writing, architecture, design and allied fields, painting, sculpture, photography, graphic, and craft arts, motion pictures, radio, television, tape and sound recording, and performing arts. Allowed Uses • Promotional activities related to arts programs • Costs associated with the physical facilities to accommodate these art forms (5) Historical restoration and preservation programs Funds spent in this category must be used on a project or activity located within the city or immediate vicinity which will encourage tourists to visit historic sites Allowed Uses • Costs related to advertising and promoting tourists to visit historic sites • Costs associated with rehabilitation or preservation of historic structures Hotel tax proceeds may be used for covering a portion of administrative costs associated with implementing programs or projects covered in the five allowable categories. Efforts to promote the city as a tourist or convention location may involve some travel - related expenses. Such expenses may involve the travel to attend an event or to conduct an activity directly related to the promotion of the travel and hotel industry, or travel directly related to providing staff the training to acquire skills and knowledge necessary to promote tourism. ///2-3 Billy Campbell January 14, 2000 Page 4 Additional Limits on Expenditures The statute sets additional limits on how cities can allocate the hotel occupancy tax revenues to be spent in each category based on the population of the city. These limits also vary based on the amount of tax levied by the city. For a city with a population under 125,000, the following list describes the minimum and maximum limits, which must be spent in each category, if the City Council chooses to adopt a seven percent hotel occupancy tax: • A minimum of one percent (1 %) of the hotel occupancy tax rate must be spent on tourism related advertising and promotions; • A maximum of 15 % of the total revenue produced by the tax can be spent on art related programs; • A maximum of 50% of the revenue may be spent on historical restoration or preservation programs, if no revenue is allocated to construction or operating a convention center. Possible Hotel Occupancy Tax Expenditures The primary qualification for the use of hotel ocupancy tax revenue is that the expenditure directly enhances and promotes tourism. The following lists describe possibilities the City of Southlake may choose to use for the hotel tax revenue. Promotional • City wide festivals /events - promoted regionally, state wide, nationally to bring visitors to Southlake (ie: kite festival, Fourth of July celebration, holiday lighting celebration) • Banners on city light poles promoting various events • National and State recreational tournaments (ie: baseball, softball, soccer, basketball tournaments) • Marketing /advertising of Southlake in state and national travel magazines • Contribution to the Chamber of Commerce for the promotion of tourism to the city • Travel expenses associated with trips to Sister Cities by promoting cultural exchanges to Southlake • Possible costs associated with entrance portals ///41 Billy Campbell January 14, 2000 Page 5 Historical Preservation • Restoration of historical sites such as the log cabin • Various programs such as oral history events, historical society • Establishment of a historical commission • Historical memorial or monument displays (ie: such as memorial to Bob Jones) Cultural Programs • Contributions to the Northeast Tarrant Arts Council for promoting, sponsoring and holding arts in the City of Southlake • Contribution to Lake Cities Community Band for their seasonal concerts • Masterworks music series • Possibilities to include some costs associated with Texas Sister Cities International • Funds related to displays of public art Convention Center /Visitors Information Center • The city may choose in the future to build a conference center • Designate a location for a visitor's information center and provide materials for visitors. Financial Considerations: If the City Council adopts a hotel occupancy tax ordinance, the maximum allowable tax rate for the city to levy is seven percent of the price paid for the use of a hotel room. Citizen Input/ Board Review: It is the City Council's authority to designate how the funds are used and to ensure they are used properly. It is the City Manager's recommendation that the City Council determine how to spend the funds for the first two years the tax generates revenue. Some cities create a hotel advisory commission, made up of representatives in the travel and hotel industry, to obtain input on the use of the tax revenues. Legal Review: The City Attorney prepared the draft ordinance and provided a summary cover letter regarding the hotel occupancy tax. Alternatives: Not applicable. // - Billy Campbell January 14, 2000 Page 6 Supporting Documents: Proposed Hotel Occupancy Tax Ordinance and cover letter. 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O U a) by N 0 .�..' . �' v a 5 O O U N nv, W "O = ' O !. 0 bA 0 o to - a 3 -0 bA O y 0, � 0 •2 — c4 , , cd c 'v, a) 0 O • 4� > O� O 0 . O O a) 0 CI) " O . 0 0 0 5 0 0 . Si) @ .d 0 U O .O W Z Cl] W a. -S 3 Q "C P. C% U r:4 Z C r C a) b 0 et cu m to U L. O a • p O . O cn rA 0 x • b o O a)4 T.-. 0 0 c w 0 o a b CO c o U 01 o 0 O 4-4 U I. C/3 a) a O 0 a) en 6. •3 a cw a / // -,y TAYLOR, OLSON, ADKINS, SRALLA & ELAM, L.L.P. ATTORNEYS AT LAW 500 THROCKMORTON STREET TELEPHONE (817) 332 -2580 10 BANK ONE TOWER TOLL FREE (800) 318 -3400 RT WORTH, TEXAS 76102 -3821 FAX (817) 332 -4740 DEBRA DRAYOVITCH email: Ddravovitchatoase.com extension: 224 January 6, 2000 [VIA EMAIL & FIRST CLASS MAIL] Ms. SheIli Siemer CITY OF SOUTHLAKE 1725 E. Southlake Boulevard Southlake, Texas 76092 Re: Proposed Hotel. Occupancy Tax Ordinance Dear SheIli: Enclosed you will find a draft of the proposed hotel occupancy tax ordinance which you have requested that I prepare. The ordinance tracks the provisions of Chapter 351 of the Texas Tax Code, which govern municipal hotel occupancy taxes. For your convenience, I have also enclosed a copy of Chapter 351. The following is a brief summary of the applicable law regarding the City's authority to impose a hotel occupancy tax and the mechanisms. • In general, home rule cities are authorized to adopt a hotel occupancy tax within the city boundaries. The City Council implements the tax simply by adopting the ordinance calling for the levy of the hotel occupancy tax. Unlike a local sales tax, the local hotel occupancy tax does not require voter approval. A city with a population of under 35,000 may also adopt the hotel occupancy tax within that city's extraterritorial jurisdiction (ETJ) as long as the combined state, county, and city tax does not exceed 15 %. We have provided that this ordinance imposes the tax in the city's ETJ. If you do not desire this provision in the ordinance, we can delete it. The tax is imposed against any person or entity who pays for the use of a room in a hotel if the room is ordinarily used for sleeping and the charge for the room exceeds $2.00 per day. The price of the room does not include the cost of food service or other personal services except those relating to cleaning and readying the room for use. The statute allows an exemption from the tax for persons who have contracted to use a hotel room for 30 or more consecutive days. The statute also provides that employees of a federal or state agency must pay the hotel occupancy tax at the time they use the room. However, such a governmental entity is entitled to receive a refund of those taxes on a quarterly basis by filing a refund claim with the city on forms promulgated by the state comptroller. Current law does not exempt city officers and staff from the hotel occupancy tax, even if the officer or employee is traveling on official City business. Additionally, //, — SheIli Siemer January 6, 2000 Page 2 employees of institutions of higher education are not exempt from the application of the tax. The draft ordinance incorporates these statutory exemptions. The tax is paid by the hotel customer to the hotel and then is remitted to the city on a regular basis. The state comptroller's office is not involved. The ordinance provides for a tax of 7% of the charge paid by the occupant of a hotel room, and the term "hotel" is specifically defined in the statute and set forth in the ordinance. If the Council wishes to adopt a lower tax rate, we can amend that section. Most cities, however, adopt a tax rate of seven percent. The operators of the hotel must collect the tax, and report and pay the tax to the city on the 15' day of the month following when the tax was earned. Additionally, the person collecting the tax is entitled to be reimbursed one percent of the gross amount of the tax collected if the tax is paid to the city timely (on the 15 day of the following month). The city, however, is not permitted to retain any established percentage of the collected tax to cover their own administrative costs. The statute and draft ordinance authorize the City to take the following actions against a hotel that fails to report or collect the tax: 1. To require the forfeiture of any revenue the city allows the hotel operator to retain for collecting the tax; 2. To bring suit against the hotel for non - compliance; 3. To bring suit to enjoin operation of the hotel until the required report is filed and /or the tax is paid; and 4. To take any other remedies provided under law. The statute and the ordinance further provide for penalties in the event the hotel fails to collect or pay the tax, or fails to file a report as required. Such failure is an offense punishable by a fine of up to $500, and there is an additional penalty of 15% of the tax due. Further, delinquent taxes accrue interest at 10% beginning 30 days after the tax is due. The ordinance further provides for attorneys' fees in the event the city has to enforce these provisions against any person. Finally, the statute and the ordinance limit the disposition of the hotel occupancy tax revenue. Every expenditure of such taxes must first, directly enhance and promote tourism in the convention hotel industry, and secondlv, must fit into one of five statutory categories for expenditure of tax revenues: 1. Funding the establishment or improvement of a convention center; 2. Paying the administrative costs for facilitating convention registration; 3. Paying for tourism related advertising and promotions of the city; 4. Funding programs which enhance the arts; or //4 -/C SheIli Siemer January 6, 2000 Page 3 5. Funding historical restoration or preservation programs. Additionally, the statute provides certain additional rules regarding the expenditure of tax revenues. For example, a city with a population of less than 125,000, like Southlake, must spend an amount equal or greater than the amount of tax equal to one percent of the cost of the room plus cost of tax on advertising and promotion of the city to attract tourist and convention delegates, and such a city is limited in spending a maximum of 15% of the revenue for certain arts programs. Finally, if the City does not use any of the hotel revenue for constructing or operating a convention center, only 50% of the tax revenue may be spent on historical restoration and preservation projects. After your review of the enclosed draft hotel occupancy tax ordinance, please give me a call with any questions, concerns or revisions. I hope you had a wonderful Holiday. Sincerely, /6-0)16 -I Debra Drayovitch DAD:tml Enclosure cc: Shana Yelverton Assistant City Manager City of Southlake . 1725 E. Southlake Boulevard Southlake, Texas 76092 • Sharen Elam Director of Finance City of Southlake 1725 E. Southlake Boulevard Southlake, Texas 76092 W:\ SouthlakelETTERS \Siemer.LTR.DAD.wpd // /7 ORDINANCE NO. AN ORDINANCE PROVIDING FOR A HOTEL OCCUPANCY TAX OF SEVEN PERCENT ON THE PRICE PAID FOR A ROOM IN A HOTEL; DEFINING TERMS; PROVIDING FOR A TAX LEVY; PROVIDING FOR EXCEPTIONS; PROVIDING FOR THE DISPOSITION OF REVENUE AND REFUNDS; PROVIDING FOR RESPONSIBILITY FOR COLLECTION, REPORTING, AND PAYMENT OF THE TAX; PROVIDING FOR REPORTS, PAYMENTS AND FEES; PROVIDING RULES, REGUL • NS AND PENALTIES; PROVIDING A CUMULATIVE CLAU a R P ' 9,5 DING A SEVERABILITY CLAUSE; PROVIDING F • R PUB � N; AND PROVIDING AN EFFECTIVE DATE. �E WHEREAS, the City of Southlake, Texas is a ho g rule ci . "° ing un s ` pted r , by the electorate pursuant to Article XI, Section 5 of that ,1' •nstitution and C apter 9 of the Local Government Code; and WHEREAS, the city council of the City ,0,,wk , e has de'Vco,Civa that it is necessary to adopt this ordinance to impose a hotel o t . ancy t t interests of the citizens of Southlake are served; ;!' NOW, THEREFORE, O ' e ED B HE CITY COUNCIL OF THE CITY OF SOU , TE ' . x' x ce SECTION 1. That + e Cos aVrir rdinances of the City of Southlake is hereby amended by add - a new Articl - * fit', which shall read as follows: "ARTICLE IV. HOTEL OCCUPANCY TAX efinitions. (1) "Consideration" means the cost of a room in a hotel, and does not include: (A) the cost of any food served or personal services rendered to the occupant not related to cleaning and readying the room or space for occupancy; or (B) any tax assessed by any other governmental agency for occupancy of the room. (2) "Director" means the director of finance of the city or the director's designated representative. (3) "Hotel" means any building in which members of the public obtain sleeping accommodation for consideration. The term includes a hotel, motel, tourist home, tourist house, tourist court, lodging house, inn, rooming house, or bed and breakfast. The term does not include: (A) a hospital, sanitarium, or nursing home; or (B) a dormitory or other housing facility owned or eased s by an institution of higher education or a private or indepe ; nsti . � er education, as those terms are defined by Section 61.003 •r ' - Texas E � � � �� e, as amen. , that is used by the institution for the purp. of provi. s le � q 11 o I yns for persons engaged in educational pro:, or ac at the in "Occupancy" means the use or possessio t to the use or possession, of any room in a hotel. (5) "Occupant" means any person who, . . w nsiderat ssesses, or has a right to use or possess any room in a hotel under an p 'ght of access, license, contract, or agreement. �= (6) "Tax" means the hotel o ' pancy article pursuant to Chapter 351 of the Texas Tax Code, as amende (7) "Tourist" means indivi s , i6, who 4 a _ s from the individual's residence to a different m 'cipality, co e, or co asure recreation, education, or culture. Ir ° ' 0,0 enter" means a building or a portion of a building used to distribute o ��� ,te inf0� a � ��_ our1Sts. Sec. 17 s +u o ff. There is ` � . * ied a tax upon the occupant of any room that: (1) i°, a hotel within the City or its extraterritorial jurisdiction; B (2) ordinarily used for sleeping; and �,. (3) e cost of occupancy of which is $2 or more each day. + z '17° e tax is equal to seven percent of the consideration paid by the occupant of the room to the hotel. W:\Southlake\ Ordinances \HoteloccupancyTax.wpd Page 2 i// / Sec. 17 -102. Exemptions and refunds. (a) A person described in Section 156.101 or Section 156.103(d) of the Texas Tax Code, as amended, is exempt from the payment of the tax imposed under this article. (b) A governmental entity excepted from the tax imposed by Chapter 156 of the Texas Tax Code, as amended, under Section 156.103(a)(1) or (a)(3) of that chapter shall pay the tax imposed by this article, but is entitled to a refund of the tax paid. (c) A person described in Section 156.103(c) of th Texas de R, o as amended, shall pay the tax imposed by this article, but the state gove et"` o-; ent 1 i k om the person is associated is entitled to a refund of the tax paid. (d) To receive a refund of tax paid under thi 'cle, t= ovenunen ed to the refund must file a refund claim with the director on liK4 r,i 'escribed by the 'P51,4641` ` ptroller and provided by the director. A governmental entity maw d claim with the director only for each calendar quarter for all reimbursements accrue∎ ,a00044 , 6 , arter. Sec. 17 - 103. Responsibility for collection, repo nd pay a . Every person owning, operating, m. ,r4t ` g,s g an s tel shall collect the tax for the city and report and pay the tax to the c n acco irements and procedures set forth in this article. Sec. 17-104. Reports; payment s. 3 � 7 (a) On the 15' « • e mon S t � ®f each month in which a tax is earned, every person ree ��. y this P v, • llect th file a report with the director showing: Wa ( d � the co °wig n i. said for all occupancies in the preceding month; amo . collected on the occupancies; and er in .ai .tion the director may reasonably require. Every p- o red by this article to collect the tax shall pay the tax due on all occ cies in the prec . el onth to the director at the time of filing the report required under S ction (a) of this s on. (c) Ev , - ;i erson collecting a tax under this article may deduct a one percent collection fount of tax collected on all occupancies in the preceding month if the tax is • ved by the director no later than the 15th day of the month following the month in whi ax is required to be collected. If the 15 day falls on a weekend or holiday, the director must receive the tax by the next business day. If the tax is paid by mail, the date of receipt by the director is the date postmarked by the U.S. Postal Service. W:\Southlake\ Ordinances \HotelOccupancyTax.wpd Page 3 (d) Each remittance of a tax required by this article must contain the following statement and representation signed by the person required by this article to collect the tax: The tax remitted and paid to the City of Southlake with this report was collected pursuant to the requirements of Article IV, Chapter 17, Southlake City Code, as amended. (e) The director shall maintain a record that accurately identifies the receipt expenditure of all revenue derived from the tax imposed by this article. x` Sec. 17 -105. Tax collection on purchase of a hotel. k , ' }` (a) If a person liable for the payment of a t . Wider this " e is e r a . of th - g tel sign and sells the hotel, the successor to the seller or the selle sig all withh •' ,�, .. f the purchase price sufficient to pay the tax due until the a receipt director showing that the amount has been paid or a certificate sta.::-,,s.1 i o tax is due. (b) The purchaser of a hotel who fails to j�: .old � _ 0,,k4 of the purchase price as required by this section is liable for the amount re.. . be wit e" •kik -., -xtent of the value of the purchase price. : • (c) The purchaser of a hotel reques a , " ssue a certificate stating that no tax is due or issue a statement of t. amoun 'quire' - aid before a certificate may be issued. The director shall issue a c ate or Cement ' later than 60 days after receiving the request. (d) If the direct • o issue iti . ° ` - or statement within the period provided by Subsecti this se ase ed from the obligation to withhold the purchase price or . p�a,.unt • Sec. 17-106. '' 1 .11 - $.. egula �a + irector a � �� � � • . to make any rules and regulations necessary to effectively collect the t he director s giving reasonable notice, have access to all books and records nec- to enable the •F ' to determine the correctness of any report filed as required by this . „ and the amount •; axes due under this article. � + -107. Use '2,11 allocation of revenues. revenue derived from any hotel occupancy tax imposed and levied by this article may': " ° e• only to promote tourism in the convention and hotel industry, and that use is limited to the following: W:\Southlake\ Ordinances \HotelOccupancyTax.wpd Page 4 /// /3 (1) the acquisition of sites for and the construction, improvement, enlarging, equipping, repairing, operation, and maintenance of convention center facilities or visitor information centers, or both; (2) the furnishing of facilities, personnel, and materials for the registration of convention delegates or registrants; (3) advertising and conducting solicitations and promotional programs to attract tourists and convention delegates or registrants to the city or its vicinity; (4) the encouragement, promotion, improvement, and application of th s, including instrumental and vocal music, dance, drama, folk art, cre eve _ architecture, design and allied fields, painting, sculpture, hotogra. a� 4 1. is and draft arts, motion pictures, radio, television, tape and .gµ, rec.i F s i other arts relating to the presentation, performance, executio A .exhibit • R I4 ajor art fo and � (5) historical restoration and preservation 44 'ects . ' "activities . + and conducting solicitations and promotio - s to encoura • i sts and convention delegates to visit preserved hi or museums (A) at or in the immediate vicinity center facilities or visitor information centers; or (B) located elsewhere in the ci i ts vicim ld be frequented by tourists and convention +� (b) Revenue from any hotel occ .. cy t. �s .r,'" ed by this article may not be used for the general revenue purposes'gener. "eve • .erations of the city. (c) Allocations of the he - ' u O � p . ax reve • 1 ,r by the city for the purposes set out by subsection (a) above, must com ith th 1 41' Chapter 351 of the Texas Tax Code. Sec. 17 ,1 alties �� (a) n co . A nse if the person: ' imposed by � � colle tax im osed b this article; (2) a report as required by this article; (3) . - the director the tax when payment is due; (4) fi se report; or (5) f s to comply with Section 17- 105(a) when purchasing a hotel. r.' (b) An •, se committed under subsection (a) of this section is punishable by a fine not 1 s s i m In addition to any criminal penalties imposed under Subsection (b) of this section, a person failing to pay the tax to the director by the 25th day of the month following the month in which the tax is required by this article to be collected shall pay an amount equal to 15 percent of the tax due as a penalty. Delinquent taxes draw interest at the rate of 10 percent per year beginning 30 days from the date the tax is due to the director. W:\Southlake\ Ordinances \HotelOccupancyTax.wpd Page 5 /// /7 (d) In addition, the city is authorized to file legal proceedings against the hotel for noncompliance seeking any other remedies provided by state law. (e) In addition to the amount of any tax owed, a person is liable to the city for all reasonable attorney's fees incurred by the city in enforcing this article against the person and in collecting any tax owed by the person under this article." SECTION 2. CUMULATIVE CLAUS T , This ordinance shall be cumulative of all provisio Ihzlw ordinanc of Southl Texas, except where the provisions of this ordinance are rio Trect c• ict with th=ey ., 4i. such ordinances, in which event the conflicting provisions o . ces are hereby repealed. SECTION ' ff SEVERABILIT USE f Y It is hereby declared to be the intentio01 e that • ases, clauses, sentences, paragraphs and sections of this ordi ,# ce are Y erabl - !..1)111r, any phrase, clause, sentence, paragraph or section of this ordi x all . eclared onstitutional by the valid judgment or decree of court of co liFr 4Pitirisdict.Octor constitutionality shall not affect any of the remai • clause , paragraphs and sections of this ordinance, since the same 3 i P would have be � t� . ' y the 401 h 1 without the incorporation in this ordinance of any such unconsti Ni •nal phra entence, paragraph or section. SECTION 4. PUBLICATION The city s ,"ary of the City of Southlake is hereby directed to publish the proposed o � 'aption and penalty together with a notice setting out the time and place for a public hearing thereon at least 10 days before the second reading of this ordinance. The city secretary shall additionally publish the caption and penalty clause of this ordinance in the official city newspaper W:\Southlake\ Ordinances \HotelOccupancyTax.wpd Page 6 / /, /7 one time within ten days after passage of this ordinance, as required by Section 3.13 of the Charter of the City of Southlake. SECTION 5. EFFECTIVE DATE This ordinance shall be in full force and effect from and after its passage . sAf. . blication as required by law, and it is so ordained. t iE c? a PASSED AND APPROVED ON FIRST tifSi IN ''• N THI'0\ OF art. , 2000. y 3 MAY. t. x f ^ 1 ATT "..' .N ARY PA D AND AP r D ON !"��� # ° ADING ON THIS DAY OF 2001: MAYOR � ATTEST: CITY SECRETARY AP''' , ` I AS TO FORM AND LEGALITY: City Attorney W:\Southlake\Ordinances\HotelOccupancyTax.wpd Page 7 //4---/ 7