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2000-06-20REGULAR CITY COUNCIL MEETING 667 NORTH CARROLL AVENUE SOUTHLAKE, TEXAS JUNE 20, 2000 MINUTES COUNCILMEMBERS PRESENT: Mayor Rick Stacy; Mayor Pro Tem Gary Fawks; Deputy Mayor Pro Tcm Ronnic Kendall. Members: Patsy DuPre, Greg Standerfer, Rex Potter, and Keith Shankland. CITY STAFF PRESENT: City Manager Billy Campbell; Assistant City Manager Shana Yelverton; Director of Finance Sharen Elam; Director of Economic Development Greg Last; Director of Human Resources Lauren Safranek; Director of Community Services Kevin Hugman; Director of Planning Bruce Payne; Senior Comprehensive Planner Chris Carpenter; Senior Planner Dennis Killough, Director of Public Works Ron Harper; Deputy Director of Engineering Services Charlie Thomas; Assistant City Engineer Shawn Poe; Director of Public Safety Garland Wilson; Fire Chief Ricky Black; Chief of Building Services Malcolm Jackson; City Attorney E. Allen Taylor Jr.; and, City Secretary Sandra L. LeGrand. WORK SESSION: Mayor Rick Stacy called the work session to order at 5:20 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, City Council desired to add agenda items #8-B, #8-C, #8-E, #8-F, #8-G, #8-H, and #10-A to the consent agenda. The work session ended at 5:45 p.m. REGULAR CITY COUNCIL MEETING Agenda Item gl-A, Call to Order Mayor Rick Stacy called the Regular City Council meeting to order at 5:47 p.m. City Council meetings are video and audio tape-recorded for future reference and copies are available upon request from the City Secretary. 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, 551.073, 551.074, 551.086 to seek legal advise from our City Attorney; to deliberate regarding real property matters; to deliberate regarding a prospective gift; to deliberate Regular City Council Meeting Minutes of June 20, 2000 Page 1 of 25 regarding personnel matters; to deliberate regarding security devices; and/or to deliberate regarding economic development negotiations. Council adjourned into executive session at 5:50 p.m. Council returned to open session at 7:25 p.m. Agenda Item #2-B, Action Necessary/Executive Session During the executive session, Council discussed the appointments to boards, commissions and committees as follow: Agenda Item #9-A, Resolution No. 00-47, Appointment of Mayor Pro Tem and Deputy Mayor Pro Tem Motion was made to approve Resolution No. 00-47, naming Gary Fawks as Mayor Pro Tern and Ronnie Kendall as Deputy Mayor Pro Tem for a one (1) year term. Motion: Second: Ayes: Nays: Approved: Kendall Shankland Kendall, Shankland, DuPre, Standerfer, Potter, Fawks, and Stacy None 7-0 vote Agenda Item #9-B, Resolution No. 00-53, Appointments to the Building Board of Appeals Motion was made to approve Resolution No. 00-53, naming the following persons to the Building Board of Appeals: Place 2, David Lambert [term to expire in May 2002]; Place 4, Eddie Pierce [term to expire in May 2002]; Place 7 Alternate #1, Kosse Maykus [term to expire in May 2002]; and, Paul Sullivan. Motion: Second: Ayes: Nays: Approved: Kendall Standerfer Kendall, Standerfer, Potter, Fawks, Shankland, DuPre, and Stacy None 7-0 vote Agenda Item #9-C, Resolution No. 00-54, Appointments to the Joint Drug and Alcohol Awareness Committee. Motion was made to approve Resolution No. 00-54, naming the following to the Joint Drug and Alcohol Awareness Committee: Place 1, Patsy DuPre [Council position to expire in May 2001]; Place 2, Keith Shankland [Council position to expire in May 2001]; and Place 6, Brad Bartholomew [citizen-at-large position to expire in May 2001]. Motion: Kendall Second: DuPre Ayes: Kendall, DuPre, Standerfer, Potter, Fawks, Shankland, and Stacy Nays: None Regular City Council Meeting Minutes of June 20, 2000 Page 2 of 25 Approved: 7-0 vote Agenda Item #9-D, Resolution No. 00-55, Appointments to the Joint Utilization Committee Motion was made to approve Resolution No. 00-55, naming Greg Standerfer [Councilmember appointee] and Wendi Carlucci [citizen-at-large] to two (2) year terms on the committee. Motion: Second: Ayes: Nays: Approved: Kendall Shankland Kendall, Shankland, DuPre, Standerfer, Potter, Fawks, and Stacy None 7-0 vote Agenda Item #9-E, Resolution No. 00-56, Appointments to the Library Board Motion was made to approve Resolution No. 00-56, appointing the following to the Library Board with terms to expire in May, 2002: Place 1, Marge Zielke; Place 2, Daphne Peggy Firestone; and, Place 3, Debbie Baynard. Motion: Second: Ayes: Nays: Approved: Kendall Standerfer Kendall, Standerfer, Potter, Fawks, Shankland, DuPre, and Stacy None 7-0 vote Agenda Item #9-F, Resolution No. 00-57, Appointments to the Parks and Recreation Board. Motion was made to approve Resolution No. 00-57, naming the following to the Parks and Recreation Board for two (2) year terms: Place 2, Michael Nelson with a term to expire in May 2001; and Place 8, Chris Miltenberger with a term to expire in May 2002. Motion: Second: Ayes: Nays: Approved: Kendall DuPre Kendall, DuPre, Standerfer, Potter, Fawks, Shankland, and Stacy None 7-0 vote Agenda Item #9-G, Resolution No. 00-58, Appointments to the Planning and Zoning. Commission Motion was made to approve Resolution No. 00-58, naming the following to the Planning and Zoning Commission with terms to expire in May, 2002: James Jones, Vernon Stansell, John Terrell, and Pamela Muller. Motion: Kendall Second: Standerfer Ayes: Kendall, Shankland, DuPre, Standerfer, Potter, Fawks, and Stacy Regular City Council Meeting Minutes of June 20, 2000 Page 3 of 25 Nays: None Approved: 7-0 vote Agenda Item #9-H, Resolution No. 00-59, Appointments to the Senior Advisory Commission. Motion was made to approve Resolution No. 00-59, naming the following to the Senior Commission: Place 1, Linda Moore [term to expire in May 2002]; Place 2, Jeanne Alexander [term to expire n May 2002]; Place 3 William Cosgrove [term to expire in May 2002]; Place 5 Connie Montague [term to expire in May 2002] and Alternate #1, Gerald Montague [term to expire May 2001]. Motion: Second: Ayes: Nays: Approved: Kendall DuPre Kendall, DuPre, Standerfer, Potter, Fawks, Shankland, and Stacy None 7-0 vote Agenda Item #9-I, Resolution No. 00-60, Appointments to the Southlake Park Development Corporation Motion was made to approve Resolution No. 00-60, naming the following to the Southlake Park Development Corporation: Councilmember Position: Gary Fawks [term to expire May 2002]; Councilmember Position: Rick Stacy [term to expire May 2002]; Councilmember Position: Rormie Kendall [term to expire May 2001] and Citizen Position: Tad Stephens [term to expire May 2002]. Motion: Second: Ayes: Nays: Approved: Kendall Standerfer Kendall, Standerfer, Potter, Fawks, Shankland, DuPre, and Stacy None 7-0 vote Agenda Item #9-J, Resolution No. 00-61, Appointment to the Southlake Library Foundation Motion was made to approve Resolution No. 00-61, naming Rick Stacy [Council representative] to the Southlake Library Foundation Board of Directors. Motion: Second: Ayes: Nays: Approved: Kendall Shankland Kendall, Shankland, DuPre, Standerfer, Potter, Fawks, and Stacy None 7-0 vote Regular City Council Meeting Minutes of June 20, 2000 Page 4 of 25 Agenda Item #9-K, Resolution 00-62, Appointments to the Zoning Board of Adjustment Motion was made to approve Resolution No. 00-62, Appointing the following members to the Zoning Board of Adjustment: Mike Sandlin [for a term to expire in May 2001]; Lewis Miltenberger [for a term to expire in May 2002]; John Reynal [for a term to expire in May 2002]; Alternate #1 Susan Johnson [for a term to expire in May 2002]. The resolution also names W. Ralph Evans as chairman and Mike Sandlin as Vice-Chairman. Motion: Section: Ayes: Nays: Approved: Kendall DuPre Kendall, DuPre, Standerfer, Potter, Fawks, Shankland, and Stacy None 7-0 vote Agenda Item #9-L~ Resolution No. 00-65, Appointment of Council Representative as Liaison to DFW Airport Board Motion was made to approve Resolution No. 00- 65, naming Councilmember Keith Shankland as representative Liaison to Dallas/Fort Worth [DFW] Airport for a one year term. Motion: Second: Ayes: Nays: Approved: Kendall Standerfer Kendall, Standerfer, Potter, Fawks, Shankland, and Stacy None 7-0 vote Agenda Item #3, Invocation The invocation was led by Chaplain of the Month Dr. Mike Beaugh, Southlake Presbyterian Chumh. Agenda Item #4-A, Mayor's Report Mayor Rick Stacy made the following announcements: Each year the Texas Public Works Association honors one of its members for continued service to the organization and for service to the profession of public works. At its annual meeting held last week in Plano, the Association honored Charlie Thomas with its Chapter Service Award for the year 2000. Next Monday and Tuesday, June 26th and 27th, Southlake City Council will hold their annual Retreat to discuss budget and developmental issues. Monday evening the retreat will be held in the Council Chambers at City Hall; Tuesday session to be held in the Solana Education Center. Consult agendas posted on the bulletin boards and website for specific times. Regular City Council Meeting Minutes of June 20, 2000 Page 5 of 25 There will not be a City Council meeting on July 4th in celebration of Independence Day. The next regular city council meeting will be held on July 18. City offices will be closed on Tuesday, July 4th in observance of Independence Day. The City of Southlake and Southlake Town Square will host the "Stars and Stripes Independence Day" celebration on Monday, July 3rd from 7-10 p.m. at Town Square. There will be a children's parade and many other family-fun activities. Bring your blankets, lawn chairs, and picnics and join in this old- fashioned family event. Agenda Item #4-B, City Manager's Report City Manager Billy Campbell stated that there would not be a report tonight. Agenda Item #4-C, SPIN Report Kim O'Brien, representative for SPiN #1, gave the SPIN Report. Ms. O'Brien stated that several meetings had been held lately, including one on the subject of the Trail Master Plan, where there was a good turnout. The residents in attendance stated they did not feel as though the consultants were listening to what the residents were saying. Ms. O'Brien noted that on October 7, 2000, SPIN would sponsor "trails clean up" day. She asked that everyone put that date on his or her calendar. Also during SPIN Reports, Martin Schelling was present and commented that not much was going on in his SPIN area. Agenda Item #5, Consent Agenda Mayor Rick Stacy informed the audience that "Consent" agenda items, which consist 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 considered separately. The consent items are as follows: 5-A. Approval of the Minutes of the regular City Council meeting held on June 6, 2000. 5-B. Resolution No. 00-63, amending the Employee Handbook to include the "Family Medical Leave" policy. Approval of a professional service agreement with Belcheff & Associates, Inc. for the engineering and design of sanitary sewer improvements to serve Hillside Estates and North Pearson/Pecan Acres Addition. Regular City Council Meeting Minutes of June 20, 2000 Page 6 of 25 Approval of a professional service agreement with Cheatham & Associates for the engineering and design of sanitary sewer improvements to serve Hunter's Ridge, Randol Mill Estates, and the Timberline/Woodsey Courts Addition. Resolution No. 00-67, Authorizing the Director of Public Safety to submit applications to the Department of Transportation for Regular Exempt License Plates on certain City vehicles. Resolution No. 00-51, Changing terms for Metroport Teen Court Advisory Board members. Ordinance No.784, 1st Reading, Establishing a Municipal Court Technology Fund. Ordinance No. 785, 1st Reading, Providing for an increase in warrant fees. Ordinance No. 480-342, 1st Reading, (ZA 00-016), Rezoning on property legally described as Tract 31 and a portion of Tract 3C situated in the W.R. Eaves Survey, Abstract No. 500, and being approximately 1.349 acres. Current zoning is "C-2" Local Retail Commemial District, with a requested zoning of "O-1" Office District. Applicant: Wilson & Stonaker, L.L.C. Owner: Southlake Associated Limited Partnership. Resolution No. 00-64, Authorizing the City Attorney to bring condemnation action for the purpose of obtaining a permanent utility easement and temporary construction easement for use by the City for the construction of a sanitary sewer line. Authorize the Mayor to execute Takeover Agreement for sanitary sewer improvements in Jellico Estates with Amwest Surety Insurance. Authorize the Mayor to execute a developer agreement for Southlake Crossing, I Block 1, Lots 5 & 6 [Hobby Lobby]. Recognize the appointment of Recon, Zurka, and Gaman as official canines for the Southlake Department of Public Safety, Police Services Division. Ordinance No. 480-343, 1st Reading, (ZA 00-047), Rezoning and Site Plan for proposed Lot 3, Block 1, Comer Addition. Owner and Applicant: City of Southlake. Ordinance No. 480-344, 1st Reading, (ZA 00-048), Rezoning and Concept Plan for proposed Lot 2R, Block 1, Comer Addition. Owner and Applicant: City of Southlake. Regular City Council Meeting Minutes of June 20, 2000 Page 7 of 25 8-C. ZA 00-049, Plat Revision for proposed Lots 2R and 3, Block 1, Comer Addition. Owner and Applicant: City of Southlake. 8-E. ZA 00-055, Plat Revision of Proposed Lots 11 & 1R2, Block 1, Lonesome Dove Baptist Church Addition. ZA 99-112, Preliminary Plat of Easter Plaza, on property legally described as Tracts 2A1A, 2A2A, 11 and 11E, situated in the Thomas Easter Survey, Abstract No. 474 and being approximately 32.6 acres. Applicant: Caddy Property Management. Owners: Roer G. Williams, E.C. White, Michael and Leah Sathre, Dean Shanklin, and Richard Shanklin. Ordinance No. 646-B, 1st Reading, Amending Ordinance No. 646, "Parks and Recreation Board" and Southlake City Code, Section 12-77, revising the number of board members and length of terms. 8-H. Ordinance No. 787, 1St Reading, Abandonment of a permanent utility easement on State Highway 114, Lot 5, Block 1 of the Kimball/1709 Addition. 10-A. Approval of Change Order No. 3 with Jackson Construction, Inc. for the constmction of sanitary sewer and roadway improvements along Love Henry Court. Motion was made to approve the consent agenda as follows: Item #5-A, #5-B, #5-C, with Hillwood Estates only in the amount of $19,673; Item #5-D, for Hunter's Ridge and Randol Mill Estates only in the amount of $32,000; Item #5-E, #5-F, #5-G, #5-H, #5-1, #5-J, #5-K, #5-L, #5-M; #8-A, subject to Site Plan Review Summary No. 3 dated June 2, 2000, and allowing the driveways as shown; Item #8-B, subject to Concept Plan Review Summary #3, dated June 2, 2000; Item #8-C, subject to Plat Review Summary No. 3 dated June 2, 2000; Item #8-E, subject to Plat Review Summary No. 3, dated June 2, 2000; Item #8-F, subject to Plat Review Summary No. 3, dated June 2, 2000 allowing the requested variances; Item #8-G, #8-H, and #10-A. Motion: Second: Ayes: Nays: Approved: Fawks Standerfer Fawks, Standerfer, Potter, Kendall, Shankland, DuPre, 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 on June 6, 2000. The minutes were approved as presented. Resolution No. 00-63, Amending the personnel policies handbook to include the Family Medical Leave Policy. This policy establishes the procedures the City has operated under to comply with the Family Medical Leave Act of 1993.This policy Regular City Council Meeting Minutes of June 20, 2000 Page 8 of 25 shall provide authorized leave for family and medical reasons to eligible employees in accordance with the provision of the Family Medical Leave Act of 1993. The purpose of this policy is to enable each eligible employee to take absences from work for up to 12 weeks during a 12-month period for new child leave and/or medically-related reasons due to a serious health conditions regarding the employee, spouse, child or parent. This policy does not provide additional leave for employees, but designates leave that is taken as family medical leave (FMLA leave) if it meets the requirements. An employee would use accrued leave (sick, vacation and compensatory leave) for this purpose. Approval of a professional service agreement with Belcheff & Associates, Inc. for the engineering and design of sanitary sewer improvements to serve Hillside Estates and North Pearson/Pecan Acres Addition. Each year as part of the Neighborhood Sewer Program, the city Council appropriates funds in the CIP budget to engineer and construct sanitary sewer improvements to serve neighborhoods currently on septic systems. The City Council approved in the CIP budget to engineer and design the sanitary sewer to serve Hillside Estates and North Pearson/Pecan Acres. City Council approved the professional services agreement with Belcheff & Associates, Inc. for the Hillwood Estates only in the amount of $19,673. Approval of a professional service agreement with Cheatham & Associates for the engineering and design of sanitary sewer improvements to serve Hunter's Ridge, Randol Mill Estates and the Timberline/Woodsey Courts Additions. The City Council approved in the CIP budget funds to engineer and design the sanitary sewer to serve for Hunter's Ridge and Randol Mill Estates only in the amount of $32,000. Resolution No. 00-67, Authorizing the Director of Public Safety to submit applications to the Department of Transportation for Regular Exempt License Plates on certain City vehicles. On April 18, 1989, Resolution No. 89-24 was approved by the City Council, authorizing Police Chief James W. Campbell to sign the forms required to be submitted for registration requesting regular license plates for exempt vehicles. Due to the fact that the Chief of Police is no longer James W. Campbell, a new resolution must be submitted to the Department of Transportation in order for the City to be able to obtain regular license plates for exempt vehicles as requested by Director of Public Safety Garland Wilson. Resolution No. 00-51, Changing terms for Metroport Teen Court Advisory Board Members. Metroport Teen Court Advisory Board is made up of two representatives from each of the participating entities. The role of the Advisory Board is to serve as a liaison between the Teen Court program and the entity they represent. They help the Teen Court Coordinator determine ways to better serve the entities. Councilmember Pasty DuPre recommended the term of appointment be changed from a one-year appointment to a two-year appointment. Regular City Council Meeting Minutes of June 20, 2000 Page 9 of 25 Ordinance No. 784, Ist Reading, Establishing a Municipal Court Technology Fund. During the 76th Legislative Session, Senate Bill #601 was passed amending Article 102.0172 of the Code of Criminal Procedure to authorize the City of Southlake to create by ordinance a Municipal Court Technology Fund. A defendant convicted of a misdemeanor may be required to pay a fee not to exceed $4 as a municipal court cost. If a person received probation or deferred adjudication, or if the court defers final disposition of the case, the defendant is considered convicted. The money collected by the Municipal Court Clerk must be deposited in a Municipal Court Technology Fund and may be used only to finance the purchase of technological enhancements for the municipal court. These enhancements may include computer systems, computer networks, computer hardware, imaging systems, electronic kiosks, electric ticket writers and docket management systems. This Article expires September 1, 2005. Public hearing for this ordinance is set at July 18, 2000. Ordinance No. 785, ist Reading, Providing for an increase in warrant fees. When a sworn complaint or affidavit based on probable cause has been filed before the municipal court, the judge maYth issue a warrant, for the arrest and/or detention' of the accused. During the 76 Texas Legislative Session, Senate Bill #163 was passed amending Article 102.011(a)(2) of the Code of Criminal Procedure by increasing the fee for executing or processing an issued Warrant of Arrest or Copies Pro Fine Warrant from $35.00 to $50.00 The approval of and implementation of this fee could result in the collection of an estimated $15,000 to $45,000 per year in additional revenues to the City of Southlake. Public hearing for this ordinance is set at July 18, 2000. Ordinance No. 480-342, 1st Reading, (ZA 00-016), Rezoning on property legally described as Tract 3C1 and a portion of Tract 3C, situated in the W. R. Eaves Survey, Abstract No. 500, and being approximately 1.349 acres. Current zoning is "C-2" Local Retail Commercial District with a requested zoning of "O-1" Office District. Applicant: Wilson & Stonaker, L.L.C. Owner: Southlake Associates Limited Partnership. Public hearing for this ordinance is set at July 18, 2000. Resolution No. 00-64, Authorizing the City Attorney to bring condemnation action for the purpose of obtaining a permanent utility easement and temporary construction easement for use by the City for the construction of a sanitary sewer line. The City is diverting sewer from the north basin to the south basin in two areas of the City. The City has a diversion agreement with Trinity River Authority (TRA) to allow such diversion until November 2000. The City is in the process of constructing sanitary sewer improvements to eliminate the diversion in one of the tWO areas. There is one project that has not been awarded to a contractor to construct improvements to eliminate the diversion in the other area. This project is the construction of an 18" sanitary sewer line along North Carroll from the Dove Creek lift station to the existing N-3 gravity line. The construction plans for this project are complete and the City is acquiring the necessary two easements to construct this project. The City has reached a verbal agreement with one of the Regular City Council Meeting Minutes of June 20, 2000 Page 10 of 25 property owners (Hight property) for an easement. The City has made several attempts to acquire the easement from the other property owner, Mr. and Mrs. James Haltom, but to no avail. The City must move forward to acquire this easement in order to meet the November 2000 deadline in the TRA Diversion Agreement. Therefore, staff recommends implementing condemnation proceedings to acquire the easement. The City will be required to pay the appraisal cost, which will be between $1200 and $2500. The City will be required to pay the property owner fair market value for the easement. Additionally, if the condemnation action proceeds to the Commissioner's Court; the City will incur attorney's fees and possible consulting fees from the appraiser, engineer, etc. 5-K. Authorize the Mayor to execute Takeover Agreement for sanitary sewer improvements in ,lellico Estates with Amwest Surety Insurance. On February 2, 1999, the City Council awarded the contract for the installation of sanitary sewer in the Jellico Estates Addition to Everspan, Inc. in the amount of $374,723.00. Construction proceeded during several months until the project was almost complete. In February 2000, the City received notice that Everspan, Inc. had gone into bankruptcy. The City staff immediately began to conununicate with the surety company, Amwest Surety Insurance Company, to get the remaining construction completed. The remaining work is basically completing the items listed on a "punch list" for correction or completion. Amwest Surety Company has requested that the City enter into a Takeover Agreement with them prior to the completion of the work to be done on this project. This is a typical agreement between the owner and the surety re-stating the responsibilities of each in the completion of this contract. Authorize the Mayor to execute a developer agreement for $outhlake Crossing, Phase II, Block 1, Lots 5 & 6, [Hobby Lobby]. The plat for Southlake Crossing Phase II, Block 1, Lots 5 & 6 was approved in July 1995. The site plan for Hobby Lobby (Southlake Marketplace Phase 3) which is on Lots 5 & 6 was approved on January 18, 2000. This developer's agreement covers the construction of on-site public water and sanitary sewer lines. There is a park fee of $4,050. When the property was platted in 1995, the Park Fee was $500 per acre and the site consists of 10.1 acres. Recognize and appoint Recon, Zurka, and Gaman as official canines for the Southlake Department of Public-Safety, Police Services Division. The Southlake Department of Public Safety acquired its first canine in July of 1992. City Council created an official position for the canine with Resolution No. 92-33. Since the origination of the canine program, we have used three canines. Luger is the only canine remaining active today. The City of Southlake is located in a zone known as the "High Intensity Drug Trafficking Area" by the Drug Enforcement Agency. As a result of this designation, we have applied for and received federal grants to combat drug trafficking along the SH 114 corridor. The first grant we received ($15,000) was for an "infrared scope" and the second ($17,000) was received last month for special applications. This equipment is used to find narcotics and totals Regular City Council Meeting Minutes of June 20, 2000 Page 11 of 25 $32,000 received in grants to combat drug use and trafficking in our community. The Officers own the dogs and provide them for our use at a cost of $150 per month, plus insurance on the animal. In the event the canine is injured, killed, or retired, the City will replace the canine from insurance proceeds. Ordinance No. 480-343, 1st Reading, (ZA 00-047), Rezoning and Site Plan for proposed Lots 3, Block 1, Corner Addition, on property legally described as Lot 2, Block 1, Corner Addition, an addition to the City of Southlake and being approximately 4.054 acres. The first reading of the ordinance was approved subject to the Site Plan Review Summary No. 3, dated June 2, 2000 and allowing the driveways as shown. Current zoning is "AG" Agricultural District and "C-2" Local Retail Commercial District with a requested zoning of "S-P-l" Detailed Site Plan District with "CS" Community Service District uses limited to a public safety facility and to include any associated outside storage. The public hearing is set for July 18, 2000. Ordinance No. 480-344, Ist Reading, (ZA 00-048), Rezoning and Concept Plan for proposed Lot 2R, Block 1, Corner Addition, on property legally described as a portion of Lot 3, V~R. Eaves No. 500 Addition, and being approximately 0.822 acres. The first reading of the ordinance was approved subject to the Concept Plan Review Summary //3, dated June 2, 2000. Current zoning is "AG" Agricultural District with a requested zoning of "C-2" Local Retail Commercial District. The public hearing is set for July 18, 2000. ZA 00-049, Plat Revision for proposed Lots 2R and 3, Block 1, Corner Addition, on property legally described as Lot 2, Block 1, Corner Addition, and being approximately 4.8767 acres. This item was approved subject to the Plat Review Summary No. 3, dated June 2, 2000. ZA 00-055, Plat Revision of Proposed Lots 1R1 & 1R2, Block 1, Lonesome Dove Baptist Church Addition, on property legally described as Lot 1, Block 1, Lonesome Dove Baptist Church Addition and being approximately 10.537 acres. This plat revision was approved subject to the Plat Review Summary No. 3, dated, June 2, 2000. ZA 99-112, Preliminary Plat of Easter Plaza, on property legally described as Tracts 2A1A, 2A2A, 11, and liE, situated in the Thomas Easter Survey, Abstract No. 474, and being approximately 32.6 acres. This preliminary plat was approved subject to the Plat Review Summary No. 3, dated June 2, 2000, allowing the requested variances. The primary purpose of this plat is to allocate right-of-way for extension of Nolen Drive. Ordinance No. 646-B, 1st Reading, Amending Ordinance No. 646, "Parks and Recreation Board," and Southlake City Code, Section 12-77, revising the number of board members and the length of terms. Ordinance No. 646 and Section 12-77 of the City of Southlake City Code stated the following: "The Board shall consist Regular City Council Meeting Minutes of June 20, 2000 Page 12 of 25 10-A. of nine citizens of the city, and who shall be appointed by the City Council for three-year terms. Members shall serve until their successors are appointed, without compensation. Places on the board shall be numbered one through nine." Currently there are eight (8) active board members, and with the recent expiration of two (2) board members terms. Discussions have begun on the potential of reducing the number of board members from nine to seven members, and reducing the length of terms from three years to two years. A seven member board would be consistent with the other City Boards. Pnblie hearing set for Jnly 18, 2000. Ordinance No. 787, ist Reading, Abandonment o fa permanent utility easement on State Highway 114, Lot 5, Block 1, of the Kimball~1709 Addition. Several easements were required to install sanitary sewer and water improvements along the south side of SH 114 from North Kimball Avenue to Gateway Plaza, Phase I. The sewer and water improvements were required to relocate existing facilities that were in conflict with the SH 114 reconstruction. The water and sewer improvements have been constructed. The water and sewer improvements crossed the tracts of properties that make-up Gateway Plaza, Phase 2. The land and title company handling the closing of the tracts of property discovered that the wrong property owner had inadvertently signed one of the easements. However, the easement was recorded with Tarrant County. In order to clear the title to the land, the easement must be abandoned. The rightful property owner is in the process of executing the required easement. Public hearing set for July 18, 2000. Approval of Change Order No. 3 with Jackson Construction, Inc., for the construction of sanitary sewer and roadway improvements along Love Henry Court. The original contract for construction of sanitary sewer and roadway improvements along Love Henry Court was $365,253. This included construction of a sidewalk along Love Henry Court. The City Council directed staff to eliminate the sidewalk from the contract. This was accomplished by Change Order No. 1 and reduced the contract by $27,192. Change Order No. 2 was for the extension of the sanitary sewer along Shady Oaks and Love Henry Court to serve five properties along Shady Oaks. Change Order No. 2 totaled $39,393.26. The costs associated with this project, including change orders 1,2, are 3 are tabulated below: The original contract amount was $365,253. The engineering, surveying, and testing cost was $30,078.31 Change Order No. 1 was $27,192 Change Order No. 2 was $39,393.25 Change Order No. 3 is $11,460.00 Therefore, the total cost for the project is $418,992.56, which is $59,992.56 over the budgeted amount of $4,359,000. The cost overrun will have to be funded using available funds that exist from projects that were below budget. The cost for this project has been included in the CIP Project cost ledger. Regular City Council Meeting Minutes of June 20, 2000 Page 13 of 25 Agenda Item #6, Public Forum No comments were made during thc public forum. Agenda Item #7-A, ZA 00-026, Site Plan for Carroll I.S.D. No. 5 Addition ZA 00-026, Site Plan for Carroll I.S.D. No. 5 Addition, on property legally described as Tract lA4 situated in the J.W. Hale Survey, Abstract No. 803, and being approximately 16.081 acres. Current zoning is "R-PUD" Residential Planned Unit Development District with "CS" Community Service District uses. Applicant: Cheatham & Associates. Owner: Carroll I.S.D. This item was tabled during the June 6, 2000 City Council and this is a continuation of the public heating. Senior Comprehensive Planner Chris Carpenter presented ZA 00-026, and noted that thirteen (13) notices were sent to property owners within the 200' notification area and two (2) responses have been received from Brian Mitcham, Mitcham Homes, LLC., 5121 Thompson Terrace, Colleyville, in favor; and Randall Sullivan, Randy Sullivan Custom Homes, Inc, 1500 Corporate Circle, Suite 18, Southlake, in favor. Councilmember Greg Standerfer asked, "Is the impact of the school going to be served well enough with three lanes in front of the school or do we need the entire cross-section of Carroll Avenue to be built out?" City Engineer Charlie Thomas stated the addition of one lane and a mm lane would probably handle the turning movement in front of the school. The city would have to build the additional lanes. Director of Public Works Ron Harper stated there would be funds identified in the TIF to build the roadway, however, those funds are not shown in the CIP at this time. We would have to reimburse the school district if they pay to build the roadway at this time. Councilmember Rex Potter stated, "The city will have to work with the school to see how we can get the road in there at the same time that the school is being built. There is a cost savings by putting in the additional lanes at the same time the school is being built." Councilmember Ronnie Kendall stated she did not question the needs, just the funding. Brent Cline, Total Manager Program, 860 West Airport Freeway, Hurst. Mr. Cline stated regarding the number of lanes to be built on South Carroll Avenue in front of the school, "The CISD will put in the third lane, however, regarding the issue of the school District putting in five lanes -- if they do -- they will need to be reimbursed for the additional lanes by February, 2001." Councilmember Gary Fawks stated the school needs to know "date certain" when they could be reimbursed for the additional lanes because they are locked into funding of the project. Regular City Council Meeting Minutes of June 20, 2000 Page 14 of 25 Dr. Ted Gillum, CISD Superintendent. Dr. Gillumm stated, "We have talked about this with the board and the main issue is that the latest they could go with any plan for reimbursement is February, 2001. There is another issue, and the board needs to be briefed with the school district's attorney to be sure that what we are talking about, we can actually do. I don't have that briefing at this time. The board in general agrees with the concept, and we need to know that legally we can do it, within the time line we are talking about. I feel positive about it but we need to clear those two hurdles." Councilmember Patsy DuPre stated the JUC met on May 20, and asked if there was not time to get an opinion before now? Dr. Gilliam stated they had talked with the board but there is constitutional issues with spending bond money for other issues, even though it will be reimbursed. He asked their attorney's to make it work, keeping in mind the "safety" issue with the turn lanes. DuPre commented, "The other issue is, that we haven't had the final vote that it will take, to get this done." Brent Cline stated since the last plan, they have had several meetings with the neighbors to the north. He noted that the issue of the drive to the north, has been reproportioned to align with Bordeaux. He noted that the fence separating the park and school has been changed to keep the kids away from the pond. The fence is a vinyl-clad chain link fence, hopefully temporary [five to ten years]. The fence will be green and sodded on each side. The wrought iron fence out front will also be green in color. The fence along the ditch is a 6' fence, which will cost about $19 to $20 dollars per linear foot. CONTINUATION OF THE PUBLIC HEARING: Ed Adams, 1203 Lorraine Court, Southlake. Mr. Adams stated his home backs up to Carroll Avenue. He stated the CISD has worked to get them a crosswalk, adding that no body wants a four-lane road behind their home, and that they want the project done properly. He wants the entire project done all at once. Keith Turner, 1027 East Continental Boulevard, Southlake. Mr. Turner stated, "We just need three traffic officers at this location every morning." Public hearing closed. Mayor Rick Stacy asked Kevin Hugman what time frame the city plans on filling in the pond and if the city has ever gotten a plan for the pond? Director of Community Services stated the city does not have a plan for the pond at this time. Mayor Stacy stated by filling in the pond, the CISD could put their money in the ditch-fund and get the pond filled in and work on the "big" picture. The City Council agreed to fill in the pond to resolve this problem. Councilmember Gary Fawks questioned the roadway, noting that the five-lane road will be addressed in the developer agreement. The City Attorney responded that by adding the wording to the developer agreement, it would add credence to the legal review by the CISD attorney. Regular City Council Meeting Minutes of June 20, 2000 Page 15 of 25 Motion was made to approve ZA 00-026, Site Plan for Carroll I.S.D. No. 5 Addition, subject to the Site Plan Review Summary No. 4, dated June 16, 2000; incorporating the site plan provided to Council tonight [amendment dated June 15, 2000]; a condition of the site plan approval is that the roadway will be developed to five (5) lanes, and that the City will enter into a developer agreement to reimburse the school district for the cost of two of those lanes with reimbursement to the school district by the City by the close of the day on February 1, 2001; recognizing the applicant's agreement to put trees along the front of the property [on northeast Carroll Avenue]; adjusting the northeast sidewalk to meander in the area provided; acknowledging the applicant's willingness to fill in the pond as well as move the fence; require applicant to submit a joint-use agreement with the adjacent church for parking facilities prior to the city's execution of the developers agreement. Motion: Second: Ayes: Nays: Approved: Potter Fawks Potter, Fawks, Kendall, Shankland, DuPre, Standerfer, and Stacy None 7-0 vote Agenda Item #7-B, ZA 00-027, Preliminary Plat for Lot 1, Block 1, CISD NO. 5 Addition ZA 00-027, Preliminary Plat for Lot 1, Block 1, Carroll I.S.D. No. 5 Addition on property legally described as Tract lA4 situated in the J.W. Hale Survey, Abstract No. 803, and being approximately 16.081 acres. Current zoning is "R-PUD" Residential Planned Unit Development with "CS" Community Service District uses. Applicant: Cheatham & Associates. Owner: Carroll I.S.D. Senior Comprehensive Planner Chris Carpenter presented ZA 00-027, noting this was a continuation from the June 6, 2000 agenda. Mr. Carpenter noted that the preliminary plat was required prior to Final Plat. A Final Plat must be filed with Tarrant County Plat Records prior to issuance of a building permit. Senior Planner Dennis Killough commented about relocating the sidewalks. Motion was made to approve the Preliminary Plat subject to the Plat Review Summary No. 3, dated June 2, 2000; incorporating the comments about the access easements, adding additional pedestrian easements for the relocation on the sidewalks as mentioned in the last approval. Motion: Second: Ayes: Nays: Approved: Potter Standeffer Potter, Standerfer, Fawks, Kendall, Shankland, DuPre, and Stacy None 7-0 vote Regular City Council Meeting Minutes of June 20, 2000 Page 16 of 25 Agenda Item #7-C, Ordinance No. 480-338, 2n~ Reading, ZA 99-078, Carroll High School Addition - natatorium Ordinance No. 480-338, 2nd Reading, (ZA 99-078), Rezoning and Revised Site Plan for Carroll High School Addition, on property legally described as Lot 1, Block 1, Carroll High School Addition, an addition to the City of Southlake, Tarrant County, Texas, according to the plat recorded in Cabinet A, Slide 1460, Plat Records, Tarrant County, Texas; and Tracts lA and 1Al situated in the R.J. Paden Survey, Abstract No. 1255, and being approximately 56.100 acres of land. Current Zoning is "AG" Agricultural District and "S-P-l" Detailed Site Plan District with a requested zoning of "CS" Community Service District uses. Applicant: Cheatham & Associates. Owner: Carroll I.S.D. Senior Comprehensive Planner Chris Carpenter made the presentation noting that fifty- two (52) notices were sent to property owners within the 200' notification area and eleven (11) responses were received from: Anthony Bologna, 100 Waterford Drive, Southlake, opposed, "As property owners, we have serious concerns related to this project; we are opposed to the fact of not strictly complying with the articulation ordinance. We are opposed that the building is taller than allowed by the ordinance. We are opposed to the building being moved 40 feet to clear the height requirements." David and Sandra Nucse, 102 Waterford Drive, Southlake, opposed, "The proposed natatorium does not comply with the articulation ordinance along with several other concerns stated in the cover letter." Mary Ann and William Harless, 106 Waterford Drive, Southlake, opposed, "The building is taller than allowed by ordinance. The building being moved 40' to clear height requirements." Matunood Rabbani, 104 Waterford Drive, Southlake, opposed, "As property owners, we have serious concerns about this project. We are opposed to the fact that it is not complying strictly with the articulation ordinance. We are opposed to the fact that the building is taller than allowed by ordinance. We are opposed to the building being moved 40 feet to clear the height requirements." Rev. Michael Beaugh, Southlake Boulevard Presbyterian Church, P.O. ox 93164 Southlake, in favor. David Howell, 1408 Park Place, Southlake, opposed. Craig and Kathy Rodgers, 108 Waterford Drive, Southlake, opposed, "I would like to see the building moved closer to the school and away from the homes. I would also like to see the turnaround moved away from the homes (make it a bull-nose turnaround). I would also like to see more landscaping between the building and the homes." Karen Nyhoff, 1404 Mayfair Place, Southlake, opposed, "Please do not remove the trees that are along the homeowner fence line. We feel the building is too tall and too close to homes. We are concerned with the Regular City Council Meeting Minutes of June 20, 2000 Page 17 of 25 parking lot turnaround area being behind our home. We do not wish to have our yard illuminated any more than it already is by the tennis courts." Kelly and Jack D'Kapich, 1402 Mayfair Place, Southlake, opposed, "Because the building is taller than allowed by ordinance. Opposed to the building being moved 40 feet to clear height requirements. Does not strictly comply with articulation ordinances." Daniel and Susan George, 1406 Mayfair Place, Southlake, opposed, "We are opposed to the fact that the building is taller than allowed by ordinance. We are opposed to the building being moved 40 feet to clear the height requirements." Windi Carlucci, a member of the Joint Utilization Committee. Ms. Carlucci stated a few months ago she volunteered to look into the landscaping for the schools with Texas native or Texas adaptable plants. The details of this project will be discussed on Thursday at the Joint Use Committee meeting. The original plants were rejected for the reasons that the plants were not adaptable to Texas weather and for the reason that their plans had the DFW look. All the trees and flowers and shrubs were the same and the committee feels it should be more natural setting." The revised plans for the landscaping have improved. She stated the "before" and "after" pictures would be mounted on the Administration Annex building for public review. Councilmember Rex Potter asked Ms. Carlucci if the neighbors had been invited to this viewing? Ms. Carlucci stated they had and have revised all twelve school site plans. Councilmember Keith Shankland expressed concerns about the lights at the natatorium and was assured that the lights will be on timers. He also asked that the shrub locations be reviewed. PUBLIC HEARING: No comments were made during the public heating. Motion was made to approve Ordinance No. 480-338, 2nd Reading, ZA 99-078, the Rezoning and Revised Sit Plan for Carroll High school subject to the Site Plan Review Summary No. 5, dated June 2, 2000; making the following changes: · That CISD is to plant the 750 mitigation trees from Carroll High School in the following manner: 1) at the Carroll High School site, plant the maximum number of trees possible with the commonly accepted horticultural and arboricultural standards as approved by the landscape administrator; 2) the remaining trees be mitigated planted at the remaining CISD school sites possible, and with commonly accepted horticultural and arboricultural standards approved by the landscape administrator; 3) if any additional trees planting are required for mitigation from this site or any of the Kimball Road sites, the landscape administrator is directed to work with CISD in establishing an exchange plan to permit the credit of those trees to go toward maximizing the landscaping at all school sites, including allowing credit toward interior landscape and bufferyard requirements; 4) CISD is to provide a detailed plan no later than March 1, Regular City Council Meeting Minutes of June 20, 2000 Page 18 of 25 2001 to reflect a phased plan over a five-year period to achieve the planting requirements with a minimum of 1/5 of the plantings take place each year and to be maintained in perpetuity; · Subject to two hooded lights, 10-foot high, shielded to protect neighbors to the east and south plus the four-foot ballards appropriately timed to operating hours as approved by the Chief of Building Services; · That the fence on the southwest comer of the school site shall be replaced and that all fencing abutting the school site shall be repaired and maintained in perpetuity; · Incorporating the City Council action from the first reading. Motion: Second: Ayes: Nays: Approved: Standerfer Potter Standerfer, Potter, Fawks, Kendall, Shankland, DuPre, and Stacy None 7-0 vote Agenda Item #7-D, ZA 00-045, Site Plan for Costco Wholesale ZA 00-045, Site Plan for Costco Wholesale, on property legally described as portions of Tracts 1,2,3, & 4, W.E. Mayfield's Subdivision, according to the plat recorded in Volume 388-C, Page 4, Plat Records, Tan'ant County, Texas, and being approximately 16.3702 acres. Current zoning is "AG" Agricultural District and "C-2" Local Retail Commercial District, with a proposed zoning of "S-P-2" Generalized Site Plan District with "C-3" General Commercial District uses including a gasoline service station and tire, batteries, and automobile accessories. Applicant: Kimley-Hom and Associates. Owners: Donald E. Vogel, Chung Cheng Hong, Glen Scott Harrell, and Wetzel Family Partnership. Senior Comprehensive Planner Chris Carpenter presented this item noting that thirteen (13) notices were sent to property owners within the 200' notification area and two responses were received: Chung-Cheng Hong, 640 107th Street Arlington, in favor; and, Michael Wetzel, General partner, Wetzel Family Partnership Ltd., 102 Westlake Drive, Ste 106, Austin, in favor, "more tax dollars for Southlake and it finishes out the 1st phase on the east end." The applicant was present to answer questions for Council. PUBLIC HEARING: No comments were made during the public heating. Motion was made to approve ZA 00-045, Site Plan for Costco Wholesales, subject to Site Plan Review Summary No. 4, dated June 16, 2000; incorporating the actions taken by the Planning and Zoning Commission; and including the amended Site Plan submitted on June 19, 2000. Motion: DuPre Second: Kendall Ayes: DuPre, Kendall, Shankland, Standerfer, Potter, Fawks, and Stacy Regular City Council Meeting Minutes of June 20, 2000 Page 19 of 25 Nays: None Approved: 7-0 vote Agenda Item #7-E, Resolution No. 00-66, (ZA 00-063), Specific Use Permit for the Sale of Packaged Beer for Tom Thumb Market Resolution No. 00-66 (ZA 00-063), Specific Use Permit for the sale of packaged beer for off-premise consumption, per Zoning Ordinance No. 480, Section 45.1 (1) on property legally described as Lot 2R1, L.B.G. Hall No. 686 Addition and being approximately 7.691 acres of land. Owner: EPIPD-Crossroads Square, L.P. Applicant: Tom Thumb. Senior Comprehensive Planner Chris Carpenter presented Resolution No. 00-66, noting that nine (9) notices were sent to property owners within the 200' notification area and one (1) response was received from Robert and Suzanne Harvey, 910 Emerald Boulevard, $outhlake, in favor. Mr. Carpenter noted that due to the limited scope of this request and the fact that no changes are to be made to the previously approved concept/site plan, no new review letter was generated. This site was subject to all conditions of the previously approved plans. PUBLIC HEARING: No comments were made during the pubic hearing. City Attorney E. Allen Taylor Jr. commented on the fact that the state law requires that alcoholic beverages cannot be sold within 200' of a church or school. Motion was made to approve Resolution No. 00-66 as presented. Motion: Second: Ayes: Nays: Approved: Potter Fawks Potter, Fawks, Kendall, Shankland, DuPre, Standerfer, and Stacy None 7-0 vote Agenda Item #7-F, Ordinance No. 781, 2nd Reading, Amending Chapter 187 Article III, Section 18-79 of the Southlake City Code Designating Speed Limits in Cambridge Place Addition Ordinance No. 781, 2n{l Reading, Amending Chapter 18, Article III, Section 18-790 of the Southlake City Code, designating the speed limit as 25-miles per hour for neighborhood streets in Cambridge Place Addition subdivision, was presented by City Engineer Charlie Thomas, who noted that he received a petition of request from the Cambridge Place Homeowners Association for the City Council to consider reducing the speed limit in Cambridge Place Addition to 25 mph. Mr. Thomas stated that the Department of Public Safety placed the "smart trailer" and conducted additional enforcement to attempt to educate the offending drivers. Regular City Council Meeting Minutes of June 20, 2000 Page 20 of 25 The streets in the subdivision include: Brookshire Drive Chaucer Court, Manchester Court, Montfort Court, Westminister Way, Derby Court, Chatham Court, York Court, Sussex Court, Kent Court, Rainbow Street and Ponderosa. PUBLIC HEARING: No comments were made during the public hearing. Motion was made to approve Ordinance 781, 2nd Reading, due to the special hazards that exist within this neighborhood and designate the speed limit within Cambridge Addition to 25-miles per hour. Motion: Second: Ayes: Nays: Approved: Kendall Standerfer Kendall, Standerfer, Potter, Fawks, Shankland, and Stacy None 6-0 vote Councilmember Patsy DuPre was out of the room and did not vote for Ordinance No. 781. Agenda Item #7-G, Ordinance No. 782, 2na Reading, TMRS Buy-Back Option Director of Human Resources Lauren Safranek presented Ordinance No. 782 for second reading, which authorizes and allows a buy-back option for specific employees with Texas Municipal Retirement System (TMRS). Ms. Safranek stated that TMRS permits participating cities to pass an ordinance allowing its qualified employees to "buy-back" previously forfeited TMRS service credit. This is possible even if the employee's service credit was previously terminated and the employee withdrew member deposits. Forfeited service can be bought back from the City of Southlake, or another participating TMRS city. To "buy-back' previously forfeited service credit and member deposits, the employee must: o Be an employee of the city and a member of TMRS on the date of the "Buy-back" ordinance's adoption; and, o Must have at least 24 consecutive months of service credit as an employee of the city adopting the ordinance; and, o Re-deposit, in a lump sum, all of the amount previously withdrawn plus the reinstatement fee equal to 5% per year of the amount withdrawn. Ms. Safranek stated, "Currently, there are twenty-two (22) employees that would be eligible for buy-back, if this ordinance were adopted. If all employees chose to buy back their forfeited service credit, the City's contribution rate would increase by 37%. When the last buy-back ordinance was passed, fifteen (15) employees were eligible for buy back. Since that time, only three (3) employees have bought back forfeited service credit. PUBLIC HEARING: No comments were made during the public hearing. Motion was made to approve Ordinance No. 782, 2nd Reading, as presented. Regular City Council Meeting Minutes of June 20, 2000 Page 21 of 25 Motion: Second: Ayes: Nays: Approved: Kendall Potter Kendall, Potter, Fawks, Shankland, DuPre, Standerfer, and Stacy None 7-0 vote Agenda Item//8 .D, Ordinance No. 480-345, lSt Reading (ZA 00-064), Rezoning and Site Plan for Bicentennial Park Ordinance No. 480-345, 1st Reading, (ZA 00-064), Rezoning and Site Plan for Bicentennial Park, on property legally described as Lot 2R2, L.B.G. Hall No. 686 Addition, an addition to the City of Southlake, Tarrant County, Texas, according to the plat recorded in Cabinet A, Slides 5299 & 5300, Plat Records, Tarrant County, Texas, and Tracts 1, lB, lC1, 1C2, 1C3, 1E, 2B, 2Al, 3C, 3D, 3D1A and 3D6, situated in the Littleberry G. Hall Survey, Abstract No. 686, and being approximately 61.61 acres. Current zoning is "AG" Agricultural District; "C-2" Local retail Commercial District; "CS" Community Service District; and "S-P-2" Generalized Site Plan District with limited "C-3" General Commemial District uses. Requested zoning is "S-P-l" Detailed Site Plan District with "CS" Community Service District uses to include limited outside storage. Applicant: Cheatham and Associates. Owner: City of Southlake. Senior Comprehensive Planner Chris Carpenter presented Ordinance No. 480-345, noting that thirty-five (35) notices were sent to property owners within the 200' notification area and five (5) responses were received from: James K. Zitnik, 340 Green Oaks Lane, Southlake, undecided, "This explanation is unclear". Sarif Reaz, 900 San Saba Drive, Southlake, in favor, "I am Sharif Reaz in favor of request for the following property for retail commercial." Christine Mediate, 220 Green Oaks Lane, Southlake, opposed, "What is the plan for usage of this lot?" V. Stanton Mediate, 200 Green Oaks Lane, Southlake, opposed, "What is planned for this lot?" Robert Harvey, 901 Emerald Boulevard, Southlake, opposed, "We are opposed until it is better explained what will be stored at this site. The firm of Cheatham and Associates maybe could 'help' in providing better details as it pertains to zoning requests and not waste our time. Hopefully the City of Southlake did not have to pay them for this work." Director of Community Service Kevin Hugman explained the need for this zoning change in order to comply with the outside storage ordinance. He stated the landscaping was placed so that it would out show the three (3) locations for soft drink vending machines at Bicentennial Park. Councilmember Patsy DuPre stated she remembers discussing this issue at the same time that the contract for Coca-Cola was being discussed. Whatever happens with this Regular City Council Meeting Minutes of June 20, 2000 Page 22 of 25 particular issue, she noted that she personally feels we should revisit the ordinance and where soft drink vending machines can be located. She stated, "If we are going to make an exception for our park, which I realize these are public facilities and parks, but we so often say we are going to follow what we expect everybody else to do. I don't mind making an exception at this time as long as we are committed to reviewing the outside storage ordinance." Councilmember Rex Potter stated, "The only thing I am talking about changing is making it where these type of facilities and schools, and where you have a "CS" zoning. I don't intend to change the ordinance. We are not taking anything from kids at this park. This is about whether or not we are trying to make it look nice." He stated, "This is like the variance Council gave with the flowers. Once we see it -- once we know what it is, then we allowed a variance when we could be sure it was acceptable to what we want." Mayor Stacy stated, "We must be sure that what we are proposing, we are going to be willing to offer it to a Wal-Mart or Kroger, or Albertson's. If it is good enough for us then it should be good enough for them." Councilmember Greg Standerfer stated, "That is my point. I haven't heard a ground swell of a few stores having coke machines out front. If we are going to make our business in Southlake comply with a "no" outside vending machine ordinance, then I think we need to do it too. I don't support putting the machines outside unless we are willing to let others do it like wise." Councilmember Rex Potter stated, "When we revisit the ordinance, I feel as long as we don't see it from the road; that is what I care about." Councilmember Keith Shankland stated, "I think it ought to be emphasized that the money that is generated by the machines will benefit the kids and the city. I agree, we ought to revisit this ordinance. I wasn't on Council but I was on the Planning and Zoning Commission when this ordinance came through, and I don't want to be hypercritical by granting the first variance to us." Motion was made to approve Ordinance No. 480-345, 1st Reading, (ZA 00-064), the Rezoning and Site Plan for Bicentennial Park, incorporating the Site Plan Review Summary #2, dated June 2, 2000, allowing the variances granted by the Planning and Zoning Commission and also granting the variance to Item #2, [outside screening devices]. Motion: Second: Ay¢$~ Nays: Approved: DuPre Fawks Dul)re, Fawks, Kendall, Shankland, Potter, and Stacy Standerfer 6-1 vote Regular City Council Meeting Minutes of June 20, 2000 Page 23 of 25 Agenda Item gl0-B, Award of bid for Lighting for Bicentennial Park Game Fields Director of Community Services Kevin Hugman presented to Council the award of bid for lighting for Bicentennial Park game fields #4, #5, and #10, to NEMA 3 Electric. Mr. Hugman explained the bid specifications for the construction of the game field lighting require the following project scope: Constructing lighting sufficient to distribute thirty (30) foot-candles throughout game fields #4, #5, and #10; Establish electrical capacity to complete two (2) existing scoreboards and provide electrical capacity for an additional two (2) future scoreboards. This includes establishing service for three (3) existing backstop scorekeeping tables and one (1) future backstop scorekeeping table. Develop and coordinate the location and direction of security light for the game fields with staff, and install conduit to provide future light and single duplex receptacle service to two (2) existing softball batting cages. Mr. Hugman stated SPDC and the City Council approved funding in the amount of $200,000 in the FY 1999-2000 Parks Capital Improvement Budget for game field lighting construction at Bicentennial Park fields #4, #5, and #10. To date $1,470 has been expended for the development of the lighting plan design, leaving an unencumbered balance of $198,530. Motion was made to approve the award of bid for lighting for Bicentennial Park game fields #4, #5, and #10 to NEMA 3. Motion: Second: Ayes: Nays: Approved: Fawks Standerfer Fawks, Standerfer, Potter, Kendall, Shankland, DuPre, and Stacy None 7-0 vote Agenda Item #11-A, Discussion: Ordinance No. 783, Municipal Court of Record. Court Administrator Sean Leonard explained Ordinance No. 783, providing for the amendment of Article II of Chapter 8 for the Code of Ordinance relating to Municipal Court of Record. During the 76thTexas Legislative Session, House Bill #731 was passed amending Chapter 30 of the Government Code, which standardized all Municipal Courts of Record within the State of Teas. By law the City of Southlake is required to codify this statute and incorporate all of its uniformed policies and procedures by amending Article II of Chapter 8 of the Code of Ordinances. The City Council has the discretion to set the term limits of the judge(s) to either a two-year or four-year term. The current format of the ordinance provides for a four-year term but Council may change the format to allow for a two-year term. This legislative mandate streamlined the qualifications, duties, salaries, powers, terms, selection and removal of judges of municipal courts of record and their clerks, which in mm must be codified by the City of Southlake. Highlights of the ordinance include appointments, compensation, and term limits of the Regular City Council Meeting Minutes of June 20, 2000 Page 24 of 25 judges, appointments of the Court Clerk, court personnel and court reporter and establishment ora court seal and transcript preparation fee. Staff recommends that this ordinance be placed on the agenda for 1st reading in the near future. Agenda Item #6, Public Forum Brad Bradley, 1657 Creekxide Drive, Southlake. Mr. Bradley presented a proclamation approved on May 11, 2000 by the Southlake Chamber of Commerce encouraging the City of Southlake to revise its logo, as they are concerned about the image projected by the city it serves. A copy of the resolution is hereby attached to the minutes of this meeting. Mr. Bradley also encouraged the City Council to begin the planning process for the grand opening of the New Town Hall to be held later this year. He stated the unveiling of a new logo could be the highlight of the grand opening ceremony. Agenda Item #12, Adjournment Mayor Rick Stacy adjourned the Regular City Council meeting of June 20, 2000. ATTEST: g ~ ,".. .-' ~ S~dra L. LeGr~d City Secret~ A:\CC-MIN-6-20-00.doc Regular City Council Meeting Minutes of June 20, 2000 Page 25 of 25 City of Southlake, Texas CITY OF SOUTHLAKE, TEXAS OATH OF OFFICE STATE OF TEXAS} COUNTY OF TARRANT/DENTON} CITY OF SOUTHLAKE} "I STEWART SPENCER, solemnly swear (or affirm) that I will faithfully execute the duties of a member of the Crime Control and Prevention District, of the City of Southlake, Texas, and will to the best of my ability preserve, protect, and defend the Constitution and Laws of the United States of America and of this State and the Charter and Ordinances of the City. I furthermore solemnly swear (or affirm) that I have not directly nor indirectly paid, offered, or promised to pay, contributed, nor promised to contribute any money or valuable thing, or promised any public office or employment, as a reward to secure my appointment or the confirmation thereof. So help me GOD." `��M Stewart Spencer SWORN TO AND SUBSCRI ED BEFORE ME, THIS THE / DAY OF , 2000. . ,, Mayor Rick Stacy • o ATTT: : - ?f, ,, , % %s% Sa dra L. LeGrand City Secretary • City of Southlake, Texas CITY OF SOUTHLAKE, TEXAS OATH OF OFFICE STATE OF TEXAS} COUNTY OF TARRANT/DENTON} CITY OF SOUTHLAKE} "I CRAIG STURTEVANT, solemnly swear (or affirm) that I will faithfully execute the duties of a member of the Crime Control and Prevention District, of the City of Southlake, Texas, and will to the best of my ability preserve, protect, and defend the Constitution and Laws of the United States of America and of this State and the Charter and Ordinances of the City. I furthermore solemnly swear (or affirm) that I have not directly nor indirectly paid, offered, or promised to pay, contributed, nor promised to contribute any money or valuable thing, or promised any public office or employment, as a reward to secure my appointment or the confirmation thereof. So help me GOD." Lei. J Craig ` rte""r t SWORN TO AN SUBSCRIBED BEFORE ME, THIS THE % DAY OF , 2000. ,,, ouTHLa'' ( 4 1#7 z A , Mayor Rick Stacy = - ATTlS '(: y / * *' *1,`',`, „dokt,A.A444,14 Sandra L. LeGrand City Secretary f Sandra LeGrand f. § ., From: Bill Kemp [ Sent: Thursday, June 15, 2000 10:37 AM To: slegrand Subject: Resignation To: Southlake City Council OFFICE OF CITY SECRETARY Effective immediately, I resign from my position as a member of the Southlake Parks and Recreation Commission. William B. Kemp June 15, 2000 CITY OF SOUTHLAKE, TEXAS OATH OF OFFICE STATE OF TEXAS COUNTY OF TARRANT /DENTON CITY OF SOUTHLAKE "I, RICK STACY solemnly swear (or affirm) that I will faithfully execute the duties of a member of the SOUTHLAKE PARK DEVELOPMENT CORPORATION of the City of Southlake, Texas, and will to the best of my ability preserve, protect, and defend the Constitution and Laws of the United States of America and of this State and the Charter and Ordinances of the City. I furthermore solemnly swear (or affirm) that I have not directly nor indirectly paid, offered, or promised to pay, contributed, nor promised to contribute any money or valuable thing, or promised any public office or employment, as a reward to secure my appointment or the confirmation thereof. So help me God." Affiant SWORN TO AND SUBSCRIBED BEFORE ME, THIS THE 10' DAY OF JULY, 2000. (41(.. o' °• = Mayor Rick Stacy >- ATTEST %inn MO 414/4/131 ith Sandra L. LeGrand City Secretary CITY OF SOUTHLAKE, TEXAS OATH OF OFFICE STATE OF TEXAS COUNTY OF TARRANT /DENTON CITY OF SOUTHLAKE "I, GARY FAWKS solemnly swear (or affirm) that I will faithfully execute the duties of a member of the SOUTHLAKE PARK DEVELOPMENT CORPORATION of the City of Southlake, Texas, and will to the best of my ability preserve, protect, and defend the Constitution and Laws of the United States of America and of this State and the Charter and Ordinances of the City. I furthermore solemnly swear (or affirm) that I have not directly nor indirectly paid, offered, or promised to pay, contributed, nor promised to contribute any money or valuable thing, or promised any public office or employment, as a reward to secure my appointment or the confirmation thereof. So help me God." 4111 * ‘ 121 I P. "al - SWORN TO AND SUBSCRIBED BEFORE ME, THIS THE 10 DAY OF JULY, 2000. o ege165'alltllpf %� mo d:, ,,k. g41 % • • °•°'% Mayor Rick Itrrt Q � r C� l ATTEST; so .U/ u, Sandra L. LeGrand City Secretary CITY OF SOUTHLAKE, TEXAS OATH OF OFFICE STATE OF TEXAS COUNTY OF TARRANT /DENTON CITY OF SOUTHLAKE "I, RONNIE KENDALL solemnly swear (or affirm) that I will faithfully execute the duties of a member of the SOUTHLAKE PARK DEVELOPMENT CORPORATION of the City of Southlake, Texas, and will to the best of my ability preserve, protect, and defend the Constitution and Laws of the United States of America and of this State and the Charter and Ordinances of the City. I furthermore solemnly swear (or affirm) that I have not directly nor indirectly paid, offered, or promised to pay, contributed, nor promised to contribute any money or valuable thing, or promised any public office or employment, as a reward to secure my appointment or the confirmation thereof. So help me God." 1)- //64-- Affiant SWORN TO AND SUBSCRIBED BEFORE ME, THIS THE 10 DAY OF JULY, 2000. a r6e x ci _ e_t_z__ 0```' l 6III►� 1/41i \``\� c�OV T i��� o.••° ''•'� Mayor Rick Sta •y :....N. :te a ATTEST: o `' f / ..„. Sandra L. LeGrand City Secretary CITY OF SOUTHLAKE, TEXAS OATH OF OFFICE STATE OF TEXAS COUNTY OF TARRANT /DENTON CITY OF SOUTHLAKE "I, SUSAN JOHNSON solemnly swear (or affirm) that I will faithfully execute the duties of a member of the ZONING BOARD OF ADJUSTMENTS of the City of Southlake, Texas, and will to the best of my ability preserve, protect, and defend the Constitution and Laws of the United States of America and of this State and the Charter and Ordinances of the City. I furthermore solemnly swear (or affirm) that I have not directly nor indirectly paid, offered, or promised to pay, contributed, nor promised to contribute any money or valuable thing, or promised any public office or employment, as a reward to secure my appointment or the confirmation thereof. So help me God." Affiant SWORN TO AND SUBSCRIBED BEFORE ME, THIS THE DAY OF JULY, 2000. ' v� Mayor Rick Stacy 0 ATTEST: ° + Sandra L. LeGrand City Secretary CITY OF SOUTHLAKE, TEXAS OATH OF OFFICE STATE OF TEXAS COUNTY OF TARRANT /DENTON CITY OF SOUTHLAKE "I, LEWIS MILTENBURGER solemnly swear (or affirm) that I will faithfully execute the duties of a member of the ZONING BOARD OF ADJUSTMENTS of the City of Southlake, Texas, and will to the best of my ability preserve, protect, and defend the Constitution and Laws of the United States of America and of this State and the Charter and Ordinances of the City. I furthermore solemnly swear (or affirm) that I have not directly nor indirectly paid, offered, or promised to pay, contributed, nor promised to contribute any money or valuable thing, or promised any public office or employment, as a reward to secure my appointment or the confirmation thereof. So help me God." ffiant SWORN TO AND SUBSCRIBED BEFORE ME, THIS THE /.3 DAY OF JULY, 2000. ,"" � " "i \r • o• May r Rick Stacy ATTEST: of IL , i.�a.1I � Sandra L. LeGrand City Secretary CITY OF SOUTHLAKE, TEXAS OATH OF OFFICE STATE OF TEXAS COUNTY OF TARRANT /DENTON CITY OF SOUTHLAKE "I, JOHN REYNAL solemnly swear (or affirm) that I will faithfully execute the duties of a member of the ZONING BOARD OF ADJUSTMENTS of the City of Southlake, Texas, and will to the best of my ability preserve, protect, and defend the Constitution and Laws of the United States of America and of this State and the Charter and Ordinances of the City. I furthermore solemnly swear (or affirm) that I have not directly nor indirectly paid, offered, or promised to pay, contributed, nor promised to contribute any money or valuable thing, or promised any public office or employment, as a reward to secure my appointment or the co • firmation thereof. So help me God." Aft . nt 1 SWORN TO AND SUBSCRIBED BEFORE ME, THIS THE DAY OF JULY, 2000. ``�� \ \iittll I U1111t / ,� j � e : � ayo Rick Stacy vo • • ATTEST: ° °..• °.� AbauvAiudon,,udi Sandra L. LeGrand City Secretary CITY OF SOUTHLAKE, TEXAS OATH OF OFFICE STATE OF TEXAS COUNTY OF TARRANT /DENTON CITY OF SOUTHLAKE "I, John Terrell, solemnly swear (or affirm) that I will faithfully execute the duties of a member of the PLANNING AND ZONING COMIVIISSION of the City of Southlake, Texas, and will to the best of my ability preserve, protect, and defend the Constitution and Laws of the United States of America and of this State and the Charter and Ordinances of the City. I furthermore solemnly swear (or affirm) that I have not directly nor indirectly paid, offered, or promised to pay, contributed, nor promised to contribute any money or valuable thing, or promised any public office or employment, as a reward to secure my appointment or the confirmation thereof. So help me God." C."----4--CC -I Affiant SWORN TO AND SUBSCRIBED BEFORE ME, THIS THE 22nd DAY OF JUNE, 2000. „, , qe, c ---- ez . ,e', Mayor Rick Stacy ATTEST: P 4 44464t, X Sandra L. LeGrand City Secretary CITY OF SOUTHLAKE, TEXAS OATH OF OFFICE STATE OF TEXAS COUNTY OF TARRANT /DENTON CITY OF SOUTHLAKE "I, Vernon Stansell, solemnly swear (or affirm) that I will faithfully execute the duties of a member of the PLANNING AND ZONING COMMISSION of the City of Southlake, Texas, and will to the best of my ability preserve, protect, and defend the Constitution and Laws of the United States of America and of this State and the Charter and Ordinances of the City. I furthermore solemnly swear (or affirm) that I have not directly nor indirectly paid, offered, or promised to pay, contributed, nor promised to contribute any money or valuable thing, or promised any public office or employment, as a r- ' and to secure my . pointment or the confirmation thereof. So help me God." or 4 II/kJ ///%(' 1 f iant SWORN TO AND SUBSCRIBED BEFORE ME, THIS THE 22nd DAY OF JUNE, 2000. 0 �` �r May s r Rick Stacy ATTEST: ay Sandra L. LeGrand City Secretary CITY OF SOUTHLAKE, TEXAS OATH OF OFFICE STATE OF TEXAS COUNTY OF TARRANT /DENTON CITY OF SOUTHLAKE "I, James Jones, solemnly swear (or affirm) that I will faithfully execute the duties of a member of the PLANNING AND ZONING COMNIISSION of the City of Southlake, Texas, and will to the best of my ability preserve, protect, and defend the Constitution and Laws of the United States of America and of this State and the Charter and Ordinances of the City. I furthermore solemnly swear (or affirm) that I have not directly nor indirectly paid, offered, or promised to pay, contributed, nor promised to contribute any money or valuable thing, or promised any public office or employment, as a reward to secure my appointment or the confirmation thereof. So help me God." Affia SWORN TO AND SUBSCRIBED BEFORE ME, THIS THE 22nd DAY OF JUNE, 2000. Mayor Rick Stacy ATTEST Atka/4 71 Sandra L. LeGrand City Secretary SOUTHLAKE CHAMBER OF COMMERCE RESOLUTION NO. 012000 A RESOLUTION encouraging the City of Southlake to revise its logo. WHEREAS, the Southlake Chamber of Commerce is concerned about the image projected by the city it serves; and, WHEREAS, the current city logo was adopted first by the Chamber and subsequently by the City approximately fifteen years ago and no longer reflects the true face of our community; and, WHEREAS, both the City of Southlake and the Southlake Chamber of Commerce have undergone tremendous growth in the last decade; and, WHEREAS, the millennium is dawning, the City of Southlake is constructing a unique municipal center and there is a heightened sense of new beginning at large in the community; NOW, THEREFORE BE IT RESOLVED THAT: The Southlake Chamber of Commerce City advocates a change of the logo for the City of Southlake and urges the Southlake City Council to appoint an ad hoc committee to propose a new city logo to be unveiled at the opening ceremony of the new city hall; PASSED AND APPROVED BY THE BOARD OF DIRECTORS OF THE SOUTHLAKE CHAMBER OF COMMERCE ON THE 11 DAY OF MAY, 2000. /5.3 Brad Cavnar, Chairman 2000 ATTEST: Sandra Sandefur, Pr -siden RESOLUTION - SOLO PAGE SUMMARY CHART - BUFFERYARDS ern LOCATION LENGTH BUFFERYARD FENCE/SCREEN D CANOPY ACCENT TREES SHRUBS WIDTH/TYPE TREES HEIGHT/MATERIAL ow Required 1,490' 20' - 0 58 45 209 NORTH Existing 33 12 54 . Provided Additional 4 17 „al Required 608' 10' - B 12 18 61 *1 EAST (1) Existing 350 ,_,. Provided Additional 608' 10' - B 12 19 120* Required 1,194' 10' - B 24 36 119 *1 ad EAST (2) Existing 60 Provided 34 Required 228' 10' - B 5 7 23 *1 • SOUTH(1) Existing 80 Provided Additional 228' 20' - B 3 11 �, Required 1,284' 10' - B 26 39 128 *2 • SOUTH(2) Existing 360 Provided 3 3 a. Required 1,787' 10' - E 18 36 143 am WEST Existing 29 Provided Additional 14 ""° East (1) = East bufferyard on Natatorium site East (2) = East bufferyard on high school site South (1) = South bufferyard on Natatorium site South (2) = South bufferyard on high school site * Shrubs placed as barrier on East end of hammer head drive. „,;, *1 = Repair existing stockade fence and maintain. *2 = Repair existing and maintain. Replace fence on last lot west end of Park Place. w. 0 = Existin• trees to be saved. Not credited. ill SUMMARY CHART - INTERIOR LANDSCAPE % ACCENT GROUND ANNUAL COLOR .. LANDSCAPE AREA FRONT /SIDE CANOPY TREES TREES SHRUBS COVER (SO.FT.) ; , r , REQUIRED 85,788 sgft 75% 172 343 2,144 12,868 1,716 EXISTING 124 54 369 3300 100 ,,,. PROVIDED 8 69 497 120 so SUMMARY CHART - TREE MITIGATION mu INTERIOR CANOPY TREES BUFFERYARD CANOPY TREES TO BE PLACED AT TREES ALTERNATE SITES w REQUIRED 750 © 3" = (22500 461 (1343 ") ... PROVIDED 97 (291 ") 154 (616 ") sisto Carroll High School Site Plan / Landscape Plan