2000-05-02REGULAR CITY COUNCIL MEETING
667 NORTH CARROLL AVENUE
SOUTHLAKE, TEXAS
MAY 2, 2000
MINUTES
COUNCILMEMBERS PRESENT: Mayor Rick Stacy; Mayor Pro Tern Gary Fawks
[arrived after the executive session]; Deputy Mayor Pro Tem Ronnie Kendall. Members:
Patsy DuPre, Debra Edmondson, Rex Potter and Wayne Moffat.
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 Public Works Ron Harper; Deputy Director of Public Works Charlie
Thomas; Senior Civil Engineer Shawn Poe; Assistant to the Public Works Director
Valerie Bradley; Director of Community Services Kevin Hugman; Interim Director of
Planning and Zoning Administrative Karen Gandy; Senior Comprehensive Planner Chris
Carpenter; Public Information Officer James Kunke; Director of Public Safety Garland
Wilson; Chief of Building Services Malcolm Jackson; City Attorney E. Allen Taylor Jr.;
and, City Secretary Sandra L. LeGrand
WORK SESSION: The Work Session was called to order at 5:45 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.
During the work session it was the desire of the City Council to add agenda items
g9-A, g9-B, gl0-A, gl0-B, gl0-C, and gl0-D to the consent agenda.
The work session ended at 6:00 p.m.
REGULAR SESSION
Agenda Item gl-A, Call To Order
Mayor Rick Stacy called the Regular City Council meeting to order at 6:03 p.m. The City
Council meetings are video and audio tape-recorded for future reference and copies are
available upon request from the City Secretary.
Agenda Item g2-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,
551.073, 551.074, 551.076 and 551.086 to seek legal advise 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.
Regular City Council Meeting Minutes of May 2, 2000 Page 1 of 10
Council adjourned into executive session at 6:05 p.m.
Council returned to open session at 7:05 p.m.
Agenda Item #2-B, Action Necessary/Executive Session
Motion was made to authorize staff to proceed in the land acquisition with the offer
agreed upon by the City Council during the executive session.
Motion:
Second:
Ayes:
Nays:
Approved:
Kendall
DuPre
Kendall, DuPre, Edmondson, Potter, Fawks, Moffat, and Stacy
None
7-0 vote
Agenda Item #3, Invocation
No invocation was given at this meeting.
Agenda Item #4-A, Mayor's Report
Mayor Stacy made the following announcements:
Early voting for the May 6, 2000 General and Special Election concluded tonight
at 5:30 p.m. The total number of people who voted early was 1,077. He
commented that this is a record in the City of Southlake for early voting.
The official canvass of the May 6, 2000 elections will be held Tuesday, May 9, at
6:00 p.m.
National Day of Prayer will be celebrated at Town Square in Southlake on May 4
at noon. The public in invited to attend.
Mayor Stacy presented a proclamation to Nancy Jackson, proclaiming May 12, 2000 as
"Chronic Fatigue Syndrome and Fibromyalgia Awareness Day" in the City of Southlake.
Chronic Fatigue Syndrome (CFS) and Fibromyalgia (FM) are complex illnesses affecting
many different body systems and are characterized by neurological, rheumatological,
immunological, gastrointestinal, endocrine and cognitive problems that strike men,
women, and children of all ages, ethnic backgrounds, and socioeconomic groups,
interrupting education and employment, and causing the accumulation of tremendous
medical expenses. Ms. Jackson accepted the presentation on behalf of CFS and FM
Support Group of DFW.
Councilmember Rex Potter stated his mother had been experiencing FM and had been
going through tremendous pain. He stated he sympathized with those who have this
disease.
Mayor Stacy announced that Friday, May 5, would be the last day of work at the City of
Southlake for Assistant to the City Manager Shelli Siemer, who was leaving Southlake to
Regular City Council Meeting Minutes of May 2, 2000 Page 2 of 10
go to work at the City of Allen in the same position. He thanked Shelli for her hard work
and dedication to the City of Southlake and commented that the City Council and staff
would miss her big smile and enthusiasm for this community!
Agenda Item #4-B, City Manager's Report
The City Manager stated he had nothing to report this evening.
Agenda Item #4-C, SPIN Report
The SPIN Report was given by SPIN #15, Representatives Curtis Powell and Dave
Visney who noted this was the first time they heard that Shelli Siemer was leaving
Southlake and commented that it was with "heavy heart" as they just became a
representative for SPIN and they would miss her dearly. The SPIN Representative
connnented on a four-acre tract north of Johnson Road and east of Pearson Lane at
Cimmarron that was zoned Agriculture. They were asked to hold a SPIN meeting
regarding related issues. The representative commented he personally hand carried three
hundred notices to residences in the area. He stated they had three families show up for
the SPiN Meeting. There were some very good questions and are going to pass it on to
the City Council to rezone from four acre to two-acre tracts. He wished the Mayor and
Councilmember Edmondson good luck in the upcoming election.
Agenda Item #5, Consent Agenda
Mayor Stacy informed the audience that "Consent" agenda items, which consists of
several items, are considered by one vote. He said if anyone in the audience had a request
for an item not to be on the consent agenda, that item would be deleted from that portion
of the agenda and be considered separately.
5-A. Approval of the Minutes of the Regular City Council meeting held on April 18,
2000.
5-B. Authorize the Mayor to dedicate a 10-foot utility easement along the north
property line of the Dove Street elevated water tower site.
5-C. Resolution No. 00-38, Authorizing intervention in TXU Electric Company's
transmission and distribution rate case.
5-D. Authorize the change order to Mills Electric for the installation of a security
system for Town Hall.
5-E. Authorize the Mayor to enter into a professional service agreement with
1NTELISYS Systems for design of audio-visual system for Town Hall.
5-F. Approving the appointment of Brace Payne as Director of Planning.
Regular City Council Meeting Minutes of May 2, 2000 Page 3 of 10
5-G. Resolution No. 00-40, encouraging the Texas Legislature to appropriate interim
funds for the Texas Commission on Alcohol and Drug Abuse.
Resolution No. 00-39, A resolution recognizing the benefits of the Metroport
Cities Partnership to member cities, and their respective chambers of commerce,
school districts and business partners; documenting the many Metroport
initiatives improving the transportation and mobility system in our region; and
recommending that the North Texas Commission award the Transportation
Excellence Award in Mobility to the Metroport Cities Partnership.
Resolution No. 00-41, A resolution recognizing the benefits of the Metroport
Cities Partnership to member cities, and their respective chambers of commerce,
school districts, and business partners; documenting the many Metroport
initiatives improving the transportation and mobility system in our region; and
recommending that the North Central Texas Council of Governments award the
2000 Regional Cooperation Award to the Metroport Cities Parmership.
10-A.
Award of bid to Mid-State Utilities, Inc. for the construction of an 18-inch
sanitary sewer force main for the Dove Street pressure system and a gravity line
along North Kimball Avenue.
10-B.
Approval of Change Order No. 2 with Reynolds Asphalt & Construction
Company for the reconstruction of West Continental from Davis Boulevard to
Peytonville Avenue.
10-C. Approval of Change Order No. 1 for Beck Company for revised services for
Town Hall.
10-D.
Amendment to the professional service agreement with Freese & Nichols, Inc. for
the engineering and design of a 24" transmission water line along SH 114 from
Trophy Club to the T.W. King pump station.
Motion was made to approve the consent agenda as follows: Item #5-A, #5-B, #5-C, #5-
D, #5-E, #5-F, #5-G, #9-A, #9-B, gl0-A, gl0-B, gl0-C, #10-D as presented.
Motion:
Second:
Ayes:
Nays:
Approved:
DuPre
Kendall
DuPre, Kendall, Moffat, Edmondson, Potter, Fawks, and Stacy
None
7-0 vote
ADDITIONAL INFORMATION REGARDING CONSENT AGENDA ITEMS
5-A. Approval of the Minutes of the Regular City Council meeting held April 18, 2000.
The minutes were approved as presented.
Regular City Council Meeting Minutes of May 2, 2000 Page 4 of 10
Authorize the Mayor to dedicate a 10-foot utility easement along the north
property line of the Dove Street elevated water tower site. The construction of
West Dove, from SH 114 to White's Chapel Boulevard is ongoing. This project
includes realigning West Dove with East Dove at the intersection of White's
Chapel. The overhead utility lines along Dove near the intersection of White's
Chapel had to be relocated for the realignment of Dove. In order to avoid the
intersection as much as possible, the utility lines were relocated along the north
property line of the Dove elevated tank site, then along the west property line of
the tank site back to the West Dove right-of-way. The electric company that
serves this site (Tri-County Electric) requires a utility easement where electrical
devices exist. Tri-County Electric will maintain the electrical appurtenances
within the proposed easement. The easement will extend along the north property
line of the tank site from the west right-of-way along White's Chapel Blvd. to the
west property line of the tank site.
Resolution No. 00-38, Authorizing intervention in TXU Electric Company's
transmission and distribution rate case. TXU Electric has filed a transmission and
distribution rate case with the PUC. The purpose of this resolution is to seek City
Council's authorization to intervene as a participant in TXU Electric Company's
transmission and distribution rate case, which is expected to be filed by April 1,
2000. The City of Southlake participates with a coalition of approximately 100
Texas cities in the Steering Committee of cities served by TXU Electric, which
has historically intervened in TXU Electric rate proceedings to protect the
interests of municipalities and electric customers residing within municipal
boundaries. This transmission and distribution rate case is part of the
implementation process for Senate Bill 7, the electric restructuring bill that was
passed during the 1999 Texas Legislative Session. One strategy of SB7 is for the
electric generation component of the retail electric industry to be deregulated by
the year 2002. The electric transmission and distribution components are to
remain regulated and will continue to be performed by TXU Electric. The PUC
has recently finished deciding how much TXU has in terms of stranded cost. It
will now turn its attention to setting the "wires charge" that must be paid by each
end use electric customer.
Authorize the change order to Mills Electric for the installation of a security
system for Town Hall. Public Safety, Courts, Tarrant County and Public Works
have been meeting to discuss the security needs for the New Town Hall.
Representatives of Mills Electric and Grinnell Fire Protection have worked with
staff to develop a security system that will meet the needs of all the tenants.
Public Safety has been deeply involved to insure that security needs are met to
include security camera requirements, access issues and overall building security.
Mills has submitted a proposal to perform the required work as a change order to
their existing contract. The proposal for the entire Security System, including
magnetic locks, close circuit cameras and receivers, controllers, and wiring is
$110,707. This amount is within 24% of Mills' budget and as a result is not
required to be bid. The funds are anticipated to be available as a part of the
Regular City Council Meeting Minutes of May 2, 2000 Page 5 of 10
FFR&E budget for Town Hall. Mills has performed exemplary on all current
aspects of this project. Staff does not fee that lower costs could be realized
through bidding; since the work would have to be done after all walls are installed
if this portion were bid. By having Mills perform the work now while they are on
site and before the walls are closed in we are realizing a significant savings of
labor costs.
Authorize the Mayo to enter into a professional service agreement with
INTELISYS Systems for design of audio-visual system for Town Hall.
Representatives of Public Safety, Economic Development, Public Information and
Public Works have met with representatives of Intellisys Group to discuss the
design of the Audio-Visual system for the Town Hall. At the conclusion of the
presentation staff requested that they submit a design proposal for this system.
The services that will be offered by Intellisys will consist of additional meetings
with staff, interested Council members and County officials, a complete design
package and equipment recommendations and assistance during the bidding and
construction phases. They are currently working on similar projects with Denton,
and have completed projects in Rowlett, Irving, and North Richland Hills. The
proposed fee for these services is $32,200. Of this fee, $1,000 is for estimated
reimbursable expenses such as blueprints, plans, etc. These funds were identified
in the TIF project plan for additional technical and professional services.
Approving the appointment of Bruce Payne as Director of Planning. The
Southlake Charter requires that "The head of each department shall be a chief,
director or superintendent who shall be appointed by the City Manager subject to
the approval of the Council and such chief, director or superintendent shall have
supervision and control over his department." The search for a planning director
resulted in more than 30 applications and the recruiter narrowed the list to 15
viable candidates. It was anticipated that Mr. Payne would begin his duties with
the city on Monday, May 22, 2000. Mr. Payne is an experienced planner and has
twelve years of experience as a Planning Director, most recently as the Planning
Director with the City of Jacksonville, North Carolina. He possesses excellent
communication skills and is also a trained mediator. Mr. Payne has also been
involved in transportation issues and he will have the ability to work on regional
transportation planning with NCTCOG. This position was extended to Mr. Payne
with a monthly salary of $5,833. plus the standard executive benefit package.
Resolution No. 00-40, encouraging the Texas Legislature to appropriate interim
funds for the Texas Commission on Alcohol and Drug Abuse. The Tarrant County
Commissioner's Court is urging the members of the Tarrant County Mayors'
Council to encourage our legislative delegation to support the request before the
House and Senate Leadership Committee to seek an emergency appropriation of
State general fund revenue to off-set the funding shortfall at TCADA. If this
funding is not restored it would force the programs to seek alternative fimding
sources, and would in turn force local governments to choose between making up
Regular City Council Meeting Minutes of May 2, 2000 Page 6 of 10
IO-A.
IO-B.
the funding shortfall or face the increased costs to the community associated with
alcohol and drug abuse.
Resolution No. 00-39, A resolution recognizing the benefits of the Metroport
Cities Partnership to member cities, and their respective chambers of commerce,
school districts and business partners; documenting the many Metroport
initiatives improving the transportation and mobility system in our region; and
recommending that the North Texas Commission award the Transportation
excellence Award in Mobililty to the Metroport Cities Partnership. The Metroport
Cities Partnership has been very involved in advocating improvements to the
transportation and mobility systems of our region since their incorporation in
1988. Since 1996 they have led the effort to procure approximately $135 million
in construction improvements for the SH 114 corridor. The latest delegation
initiative advocated improvements to the SH 114 and SH 121 funnel just north of
the DFW International Airport.
Resolution No. 00-41, Recognizing the benefits of the Metroport Cities
Partnership to member cities; and their respective chambers of commerce, school
districts, and business partners; documenting the many Metroport initiatives
improving the transportation and mobility system in our region; and
recommending that the North Central Texas Council of Governments award the
Regional Cooperation Award to the Metroport Cities Partnership. Assistant to the
City Manager Shana Yelverton became aware of this recognition oppommity this
week also and thought that Metroport would also qualify to receive this award. In
1996 the NCTCOG established the "Regional Cooperation Award" to be
presented each year at its annual meeting. The award recognizes local
governments that have demonstrated a commitment to the concept of
"regionalism" through their cooperative efforts. It would appear to be a good fit
for the efforts of Metroport.
Award of bid to Mid-State Utilities Inc., for the construction of an 18-inch
sanitary sewer force main for the Dove Street pressure system and a gravity line
along North Kimball Avenue. The 18-inch force main will be constructed from the
Shady Lane lift station to the Lonesome Dove lift station. The gravity sanitary
sewer line will be constructed along North Kimball Avenue from the existing
Mesco lift station to the Shady Lane lift station. The Mesco lift station will then
be abandoned. Staff recommends Council award the project to the second low
bidder, which is Mid-State Utilities, Inc. of Waco, Texas. The amount of the
project is $1,441,852.20.
Approval of Change Order No. 2 with Reynolds Asphalt & Construction Company
for the reconstruction of West Continental Boulevard from Davis Boulevard to
Peytonville Avenue. This change order is for the installation of an additional lane
of traffic to incorporate a left-turn lane on Continental Boulevard at the
intersection of Davis Boulevard. The City did not have the right-of-way to
construct the mm lane while the plans for the reconstruction of Continental
Regular City Council Meeting Minutes of May 2, 2000 Page 7 of 10
IO-C.
IO-D.
Boulevard to Peytonville were being designed. However, the subject property
where the tight-of-way was needed was in the process of being platted. Therefore,
the construction of the turn lane was going to be included in the second phase of
the Continental reconstruction. By this time, the City would have the additional
right-of-way by plat dedication. The original contract awarded to Reynolds
Asphalt & Construction Company totaled $596,746. Change Order No. 1 totaled
$76,065.20. Change Order No. 2 is for $31,231.90. The engineering and
surveying costs total $104, 133.95. The addition of the change order results in the
project cost, including design and surveying, totaling $808,177.05. This is
$52,427.05 above the budgeted amount ($755,750). This over run will be fimded
using funds remaining from completed CIP projects constructed under budget.
The revised total has been added to the CIP Project Cost Ledger.
Approval of Change Order No. l for Beck Company for revised services for Town
Hall The City contracted with the Beck Company to perform construction
management services for Southlake Town Hall. These services included
incidental items normally performed by the general contractor in the course of
construction. A series of items were originally intended to be done either as part
of another contract or separately bid. The cost of this change is $199,361. It is
important to note that the original allocation for these items was $238,636. There
will be no increase to the total Town Hall construction budget of $12 million as a
result of this change order. The difference in cost ($39,275) will remain in the
Town Hall budget to use if enhancements or future changes are needed.
Amendment to the Professional Services Agreement with Freese & Nichols, Inc.
for engineering and design of a 24" transmission water line along SH ll4 from
Trophy Club to the Z I,E King Pump Station. The City Council approved a
professional services agreement with Freese & Nichols, Inc. for the engineering
and design of a 24" transmission water line along SH 114 on June 18, 1996. The
amount of the agreement was $136,500. The water line will extend along SH 114
from Trophy Club to the T.W. King pump station. The water line will become the
second feed for water service from the City of Forth Worth. The project was bid
on November 24, 1998, and the project was awarded by the City Council on
January 19, 1999. The contracts were never executed because several easements
were being acquired. The bid prices have since expired and the project will have
to be re-bid. A section of the original alignment of the water line went along the
Southlake/Trophy Club border near T.W. King. The revised alignment would
involve additional survey information, revising easement documents, and
designing the water line along the revised route. The permits from TxDOT and
TNRCC will have to be revised. Freese & Nichols Inc. has proposed to make the
required changes for an additional $35,500. Staff is working with Maguire
Thomas Parmers and Sabre to acquire an easement on their respective properties.
The only other easement required (Decker-Chandler property) is scheduled for a
condemnation heating on April 27, 2000. Once the easements are obtained and
the Interlocal Agreement with Trophy Club is executed, the project will be re-bid.
The additional services associated with the recommended water line alignment
Regular City Council Meeting Minutes of May 2, 2000 Page 8 of 10
revision will cost the City $35,500. The CIP budget includes $1,511. for the
engineering, surveying, and construction cost.
Agenda Item #6, Public Forum
No comments were made during the public forum.
Agenda Item #7-A, Ordinance No. 480-336, 2nd Reading (ZA 00-021),
Ordinance No. 480-336, 2nd Reading, (ZA 00-021), Rezoning on property legal described
as Tracts 4 and 4B situated in the Hiram Granberry Survey, Abstract No. 581, and being
approximately 5.715 acres. Current Zoning is "AG" Agricultural District with a requested
zoning of "RE" Residential Estate District. Owners and Applicants: John and Tyler
Kuelbs.
Zoning Administrator Karen Gandy stated that ten (10) notices were sent to property
owners within the 200' notification area and one (1) response was received from George
and Beverly Fox, 715 South White Chapel Boulevard, in favor, "As long as it is within
the upgrade of White Chapel Boulevard -- tasteful development." Ms. Gandy stated that
a change of zoning to the "RE" Residential Estate District does not require a Concept
Plan Review by staff.
PUBLIC HEARING: No comments were made during the public hearing.
Motion was made to approve Ordinance No. 480-336, 2nd reading, as presented.
Motion:
Second:
Ayes:
Nays:
Approved:
Potter
DuPre
Potter, DuPre, Edmondson, Fawks, Kendall, Moffat, and Staey
None
7-0 vote
Agenda Item #11-A, Discussion: Teen Court Advisory Board, Changing of Terms
This item was on the agenda at the request of Councilmember Patsy DuPre. The
Metroport Teen Court has an Advisory Board that is made up of two members fi-om each
of the following entities: Colleyville, Southlake, Grapevine, Trophy Club; Carroll ISD;
and Grapevine-Colleyville ISD. The role of the Advisory Board is to advise the Teen
Court Coordinator and the Teen Court Program of the needs of each of the represented
entities as they relate to the policies and procedures for the operation of the Teen Court.
The current term for the Southlake appointment is for one year and it runs fi.om October
to October. Changing the terms served by the Southlake representatives would benefit the
Metroport Teen Court Advisory Board, since it only meets quarterly this would allow for
the members to be able to participate in all scheduled meetings.
After discussion by Council at the lead of Councilmember DuPre, it was decided that this
item should be placed on an agenda for consideration.
Regular City Council Meeting Minutes of May 2, 2000 Page 9 of 10
Agenda Item #12, Adjournment
Mayor Stacy adjourned the Regular City Council meeting at 7:25 p.m.
May~of Rick Stac~-'~
ATTEST:
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City Secret~
Regular City Council Meeting Minutes of May 2, 2000 Page 10 of 10