2000-08-01REGULAR CITY COUNCIL MEETING
667 NORTH CARROLL AVENUE
SOU, THLAKE, TEXAS
AUGUST 1, 2000
MINUTES
CITY COUNCILMEMBERS PRESENT: Mayor Rick Stacy; Deputy Mayor Pro Tem
Ronnie Kendall. Members: Keith Shankland and Rex Potter.
CITY COUNCILMEMBERS ABSENT: Mayor Pro Tern Gary Fawks. Members: Patsy
DuPre and Greg Standerfer.
CITY STAFF PRESENT: City Manager Billy Campbell; Assistant to the City Manager
John Eaglen; Director of Finance Sharen Elam; Director of Human Resources Lauren
Safranek; Deputy Director of Community Services Steve Polasek; Director of Economic
Development Greg Last; Director of Planning Bruce Payne; Zoning Administrator Karen
Gandy; Senior Comprehensive Planner Chris Carpenter; Interim Director of Public
Works and City Engineer Charlie Thomas; Assistant City Engineer Shawn Poe; Assistant
to the Director of Public Works Valerie Bradley; Director of Public Safety Garland
Wilson; Chief of Building Services Malcolm Jackson; Fire Chief Ricky Black; City
Attorney E. Allen Taylor Jr.; and, City Secretary Sandra L. LeGrand.
WORK SESSION: Mayor Rick Stacy called the work session to order at 5:50 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.
Agenda Items #8-A, #8-D, ~8-E and #10-B were added to the consent agenda by
the City Councilmembers.
The work session ended at 6:05 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 6:05 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 Texas Government Code, Sections 551.071, 551.072,
551.073, 551.074, 551.086 to seek legal advise from our City Attorney; to deliberate
Regular City Council Meeting Minutes of August 1, 2000 Page 1 of 19
regarding real property matters; to deliberate regarding a prospective gift; to deliberate
regarding personnel matters; to deliberate regarding security devices; and/or to
deliberate regarding economic development negotiations.
Council adjourned into executive session at 6:07 p.m.
Council returned to open session at 6:40 p.m.
Agenda Item #2-B, Action Necessary/Executive Session
No action was taken as the result of the executive session.
Agenda Item #3, Invocation
Betsy Godbold, pastor of White Chapel United Methodist Church, gave the invocation.
Pastor Godbold is serving as Chaplain of the Month for August.
Agenda Item #4-A, Mayor's Report
Mayor Rick Stacy made the following announcements:
Applications would be taken for the Crime Control and Prevention Board
until August 4, 2000. Appointments are expected to be made during the
August 15, 2000 City Council meeting. For more information contact the
City Secretary.
Texas' Sales Tax Holiday is August 4-6. The tax holiday gives parents a
price break on school clothes and school shoes for their children. For
questions regarding the tax holiday contact the Comptrollers web site at
http://www.window.state.tx.us.
The Regional Transportation Council of COG welcomes public comments
and participation at a meeting to be held Thursday, August 17 at the COG
offices in Arlington. Topics include "Cleaner Vehicle Technology,"
"Open House, Visit NCTCOG Offices," and "Proposed Elderly and
Disabled Transit Program." For more information, contact the City
Secretary.
The new Southlake Kohl's Department Store will open in August, with a
grand opening ceremony held Friday, August 18 at 7:30 a.m. The public is
invited and Mayor Stacy will give the opening remarks.
Agenda Item #4-B~ City Manager's Report
City Manager Billy Campbell reported that Director of Public Works Ron Harper had
tendered his resignation. He stated that Ron served as the City Engineer and most
recently as the Director of Public Works. Mr. Campbell said, "Mr. Harper plans to go to
Regular City Council Meeting Minutes of August 1, 2000 Page 2 of 19
work for Freese and Nichols and we wish him well. He has done a very good job for the
City of Southlake and we wish him well. We have made an offer to an individual to fill
this position and will have something to council in their next packet on this matter."
Mr. Campbell stated that today he filed the Fiscal Year 2000-2001 Proposed Budget with
the City Secretary as required by the Home Rule Charter. The Council will have their
first budget work session on Tuesday, August 8, 2000 [date moved to August 10, 2000].
Agenda Item #4-C, SPIN Report
No SPiN Report was given during this meeting.
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 had a request for an item not
to be considered during the consent agenda segment, that item would be deleted from that
portion of the agenda and considered separately. The consent agenda items were as
follows:
5-A. Approval of minutes of the Regular City Council meeting held July 18, 2000.
5-8.
Approval of a professional service agreement with Cheatham & Associates, Inc.
for the engineering and design of sanitary sewer improvements to serve the Oak
Lane Addition as part of the 25th Program Year (1999) Community Development
Block Grant (CDBG).
5-C
Approval of a professional service agreement with Wiss, Janny, Elsmer
Associates, Inc. for the engineering and design of pavement rehabilitation in the
Timberlake and Southview subdivisions.
5-D
Resolution No. 00-81, Amending the Personnel Policies Handbook to include the
Drug and Alcohol Testing Policy for employees driving commercial vehicles.
5-E
Approval of the contract with Tarrant County for assessment and collection
services for ad valorem taxes levied by the City of Southlake.
5-F
Award of bid to Gra-Tex Utilities, Inc. for the construction of sanitary sewer
improvements along North Carroll Avenue.
5-G
Award of bid to Saber Development Corporation for the construction of sanitary
sewer improvements along North Carroll Avenue for the abandonment of the
Dove Creek lift station.
5-H ZA 00-070, Plat Revision for proposed Block 2R, Southlake Town Square, on
Block 2, Southlake Town Square, Phase 1, involving 5.624 acres.
Regular City Council Meeting Minutes of August 1, 2000 Page 3 of 19
5-1
ZA00-071, Plat Revision for proposed Block 3R, Southlake Town Square, on
Block 3 and Reserve Street, Southlake Town Square, Phase 1, and a portion of
Tract 3, Richard Eads Survey, Abstract No. 481, involving 5.640 acres.
5-J
ZA00-072, Revised Preliminary Plat for proposed Lots 1 & 2, Block 23,
Southlake Town Square, on a portion of Tract 2A, Richard Eads Survey, Abstract
No. 481, involving 3.518 acres. Applicant requested tabling item to 8/15/00
council meeting.
5-K
Authorize the Mayor to execute a commercial developer agreement for Southlake
Boulevard Presbyterian Church.
5-L
Ordinance No. 480-332, 2n~ Reading, (ZA 99-139), Rezoning and Site Plan for
114 Kimball Square, on property legally described as Tract 1B3 situated in the
Samuel Freeman Survey, Abstract No. 525, and being approximately 1.4677
acres. Location: Northwest comer of the intersection of State Highway 114 and
Shady Lane. Current Zoning: "C-3" General Commercial District. Requested
Zoning: "S-P-l" Detailed Site Plan District with "C-3" General Commercial
District uses. Item tabled to the August 15, 2000 and continue the Public Hearing.
5-M Resolution No. 00-82, Supporting SH 170 expansion. Item tabled to the August
15, 2000 City Council meeting.
5-N
Resolution No. 00-74, Requesting participation by TxDOT for improvements to
FM 1938 interchanges at SH 114, and FM 1938 improvements from SH 114 to
FM 1709. Item tabled to the August 15, 2000 City Council meeting.
Ordinance No. 480-KK, 1st Reading, Amendments to Comprehensive Zoning
Ordinance No. 480, as amended, regarding noise regulations in Ordinance No.
480 to remove any conflict with the provisions of Ordinance No. 778.
8-D. ZA 00-057, Preliminary Plat of Worthing Addition on Tract 2C1, J.W. Hale
Survey, Abstract No. 803, involving 6.5043 acres.
Ordinance No. 480-349, 1st Reading. (ZA 00-056), Rezoning and Concept Plan
for High Point on Tracts 3A, 3A1B, 3A2, 3E, 3El, and a portion of Tract 3A1C,
Littleberry G. Hall Survey, Abstract No. 686, involving 14.654 acres.
10-B. Authorize the Mayor to execute a developer agreement for Crown Ridge
Addition, Phase lA and lB.
Motion was made to approve the consent agenda as follows: Items #5-A, #5-B, #5-C, #5-
D, #5-E, #5-F, #5-G, #5-H, subject to the Plat Review Summary No. 2, dated July 14,
2000; #5-I, subject to the Plat Review Summary No. 2, dated July 14, 2000; #5-J, subject
to the Plat Review Summary No. 2, dated July 14, 2000; #5-K, #5-L, tabling to the City
Regular City Council Meeting Minutes of August 1, 2000 Page 4 of 19
Council meeting of August 15, 2000 and continuing the public hearing at that time; #5-
M, tabling to the City Council meeting of August 15, 2000, continuing the public heating
to that time; #5-M, tabling to the City Council meeting of August 15, 2000; #5-N, tabling
to the City Council meeting of August 15, 2000; #8-A, #8-D, #8-E, tabling to the City
Council meeting of August 15, 2000; and #10-B, tabling to the City Council meeting of
August 15, 2000.
Motion: Potter
Second: Kendall
Ayes: Potter, Kendall, Shankland, and Stacy
Nays: None
Approved: 4-0 vote
ADDITIONAL INFORMATION REGARDING CONSENT ITEMS
5-A Approval of minutes of the Regular City Council meeting held on duly 18, 2000.
The minutes were approved as presented.
5-B
Approval of a professional service agreement with Cheatham & Associates, Inc.
for the engineering and design of sanitary sewer improvements to serve the Oak
Lane Addition as part of the 25t~ Program Year (1999) Community Development
Block Grant (CDBG). For the 25th Program Year (1999) CDBG, infrastructure
improvements will be made to the Oak Lane Addition. The water, drainage, and
paving improvements will be installed in the next three subsequent CDBG
program years. This professional service agreement is for the design and
engineering of the sanitary sewer. The estimated cost to design and construct the
sewer is $383,870. The estimated CDBG for this year is $93,000. Therefore, the
City will be required to contribute the remainder of the project cost that exceed
the CDBG portion, which is estimated to be $290,870. The professional service
agreement totals $32,075, which is part of the project cost, which will exceed the
CDBG portion. The CIP budget has appropriated $300,000 for the City's
contribution to the sewer project.
5-C
Approval of a professional service agreement with Wiss, danny, Elstner
Associates, Inc. for the engineering and design of pavement rehabilitation in the
Timberlake and Southview subdivisions. This agreement is for the engineering
and design of construction plans to rehabilitate the distressed pavement in
Timberlake and Southview. Wiss, Janney, Elstner Associates, Inc. completed the
investigative report and subsequent construction plans to rehabilitate the
distressed pavement in the Timarron Bent Creek subdivision, which were
completed June 1999. Several areas in the City experience the same type of
distressed pavement caused by the same trench soil migration phenomenon
identified in the Timarron Bent Creek subdivision. The City plans to budget funds
each year in the CIP budget to rehabilitate, in phases, the numerous affected areas.
This professional service agreement for the engineering and design of
construction plans to rehabilitate the distressed pavement in Timberlake and
Regular City Council Meeting Minutes of August 1, 2000 Page $ of 19
5-D
5-E
5-F
5-G
Southview totals $22,700. The FY 99-00 CIP budget allocated $600,000 for the
engineering and rehabilitation of the pavement in the Timberlake and Southview
subdivisions.
Resolution No. 00-81, Amending the Personnel Policies Handbook to include the
Drug and Alcohol Testing Policy for employees driving commercial vehicles. The
City is required to comply with the Omnibus Transportation Employee Testing
Act of 1991 as amended, and the regulations promulgated by the U.S. Department
of Transportation. The Act requires employers to test employees who drive
commercial vehicles (CDL licenses drivers) as part of their job duties, for the use
of alcohol and drags. The Act requires that CDL licensed drivers be randomly
tested for drugs and alcohol, tested for reasonable suspicion, tested after an
accident, and tested before occupying a position that requires driving a
commercial vehicle. The adoption and implementation of the Drug and Alcohol
Testing Policy complies with the federal requirements.
Approval of the contract with Tarrant County for assessment and collection
services for ad valorem taxes levied by the City of Southlake. Tarrant County has
assessed and collected taxes for the city since 1982. The county's fee remains the
same as last year at $0.40 per transaction. The anticipated annual cost for the
service is $5,000. The cost for the City to assess and collect on its own would
greatly exceed the cost to contract with the county.
Award of bid to Gra-Tex Utilities, Inc. for the construction of sanitary sewer
improvements along North Carroll Avenue. This project was for the conversion of
an existing abandoned rome main, which served the Carroll Middle School along
North Carroll, into a gravity sewer line. This project was originally included as
part of the abandonment of the Dove Creek lift station project. However, the
project was bid out separately to facilitate a more rapid completion. This sewer
line must be placed in service prior to the homes being completed under
construction in the Carroll Meadows subdivision. Funding is dependent upon
using money from two projects in the CIP plan not yet constructed, because the
money originally set aside to construct this project has been spent on the cost
overruns for other projects for the Dove Street pressure system. The estimate to
construct this project along with the Dove Creek lift station abandonment project
was $600,000. The total cost to construct both projects was $462,620. The only
bid to construct this project was $97,200 received from Gra-Tex Utilities, Inc.
Construction is anticipated to be complete by the end of October.
Award of bid to Saber Development Corporation for the construction of sanitary
sewer improvements along North Carroll Avenue for the abandonment of the
Dove Creek lift station. This project is the last project to be constructed as part of
the Dove Street pressure system to satisfy the TRA Diversionary Agreement,
which states that the City will eliminate the diversion of sewer from the north
drainage basin to the south drainage basin by November 2000. This project is for
the construction of an 18-inch gravity sewer line along Carroll to the existing N-3
Regular City Council Meeting Minutes of August 1, 2000 Page 6 of 19
5-H
5-1
5-J
gravity line. Once this line is constructed and placed in service, the Dove Creek
lift station will be abandoned. Funding for this project will have to use existing
money for two projects not yet constructed, because the money originally set
aside to construct this project has been spent on cost overruns for other projects
associated with the Dove Street pressure system. The estimate to construct this
project along with the North Carroll force main conversion project was $600,000.
The total to construct both projects is $463,620. The low bid to construct this
project is $365,420 from Saber Development Corporation. Construction is
anticipated to be complete by the end o£November.
ZA 00-070, Plat Revision for proposed Block 2R, Southlake Town Square, on
Block 2, Southlake Town Square, Phase 1, involving 5.624 acres. This property is
located on the northeast comer of North Carroll Avenue and Main Street. The
purpose of this plat is to abandon an easement for municipal utilities. There are no
utilities within the easement. This block contains the Container Store building.
The Planning and Zoning Commission recommended approval (6-0) on July 20,
2000. Owner: Southlake Venture West, L.P. Applicant: Cooper & Stebbins.
Current zoning: "NR-PUD" Non-Residential Planned Unit Development. This
item was approved subject to the Plat Review Summary No. 2, dated July 14,
2000.
ZA 00-071, Plat Revision for proposed Block 3R, Southlake Town Square, on
Block 3 and Reserve Street, Southlake Town Square, Phase 1, and a portion of
Tract 3, Richard Eads Survey, Abstract No. 481, involving 5.640 acres. This
property is located on the north side of Civic Place across from Town Hall. The
purpose of this plat revision was to abandon an easement and right-of-way for
Reserve Street, which will be rededicated in a different alignment. The new
alignment shown for Reserve Street was in compliance with conditions of
approval for revised preliminary plat, which included the post office site (Block
10). No city infrastructure has been constructed within the Reserve Street right-of-
way proposed for abandonment. This block contains the Pottery Barn and Crate &
Barrel stores. The Planning and Zoning Commission recommended approval (6-0)
on July 20, 2000.Owner: Southlake Venture West, L.P. Applicant: Cooper &
Stebbins. Current zoning: "NR-PUD" Non-Residential Planned Unit
Development. This item was approved subject to the Plat Review Summary No.
2, dated July 14, 2000.
ZA 00-072, Revised Preliminary Plat for proposed Lots 1 & 2, Block 23,
Southlake Town Square, on a portion of Tract 2A, Richard Eads Survey, Abstract
No. 481, involving 3.518 acres. Applicant requested to table item to 8/15/00
council meeting. Tiffs property is located in the southeast comer of the Town
Square planned trait development, directly west of the Room Store retail site. The
purpose of this request was to further subdivide Block 23 of the previously
approved revised preliminary plat. This block contains the future Bank One.
Planning and Zoning Commission recommended approve (6-0) on July 20, 2000.
Regular City Council Meeting Minutes of August 1, 2000 Page 7 of 19
5-K
5-L
5-M
5-N
Owner: Carol Jean Peterka: Applicant: Cooper & Stebbins. Current zoning: "NR-
PUD" Non-Residential Planned Unit Development.
Authorize the Mayor to execute a commercial developer agreement for Southlake
Boulevard Presbyterian Church. The site plan for Southlake Presbyterian Church,
located on the north side of FM 1709 between Peytonville Avenue and Southridge
Lakes Parkway, was approved by City Council on September 21, 1999.
Construction of the chumh includes the installation of a public water line and
appurtenances. On July 10, 2000, the Park Board recommended acceptance of
credit for the construction of a 425 linear feet of public trail along its frontage of
FM 1709 to satisfy the park dedication requirements. There were no other issues
in this developer agreement.
Ordinance No. 480-332, 2na Reading, (ZA 99-139), Rezoning and Site Plan for
114 Kimball Square, on property legally described as Tract lB3 situated in the
Samuel Freeman Survey, Abstract No. 525, and being approximately 1.4677
acres. Current Zoning: "C-3" General Commercial District. Requested Zoning:
"S-P-1 "Detailed Site Plan District with "C-3" General Commercial District uses.
Item tabled to August 15, 2000 City Council meeting to continue Public
Hearing.
Resolution No. 00-82, Supporting SH 170 expansion. Metroport Cities has
supported a resolution requesting TxDOT to extend SH 170 from Interstate 35W
to US 287. The need for the extension is to provide a more direct roadway
connection to the west to facilitate truck traffic to and from Alliance. Metroport
asked all its member communities to adopt a similar resolution in support of the
highway extension. This item was tabled to the August 15, 2000 City Council
meeting.
Resolution No. 00-74, Requesting participation by TxDOT for improvements to
FM 1938 interchanges at SH 114, and FM 1938 improvements from SH 114 to
FM 1709. Item tabled to 8/15/00 council meeting.
Ordinance No. 480-KK, 1st Reading, Amendments to Comprehensive Zoning
Ordinance No. 480, as amended, regarding noise regulations in Ordinance No.
480 to remove any conflict with the provisions of Ordinance No. 778. The
Building Department proposed Noise Ordinance No. 778 to replace the current
noise/nuisance ordinance. The purpose of the new ordinance is to establish
measurable and enforceable criteria with respect to noise to provide for the
protection of the residents and the enjoyment of their property from auditory
nuisances. As the result of these changes, an amendment of Ordinance No. 480, as
amended, is necessary to remove the general noise regulations from the zoning
ordinance and replace them with appropriate references to Ordinance No. 778.
ZA 00-057, Preliminary Plat for Worthing Addition on Tract 2C1, .I..W.. Hale
Survey, Abstract No. 803, involving 6.5043 acres. This 6.5-acre tract is situated
Regular City Council Meeting Minutes of August 1, 2000 Page 8 of 19
between other SH-20 properties with Cambridge Place to the north and east and
South Hollow to the south and west. Them is a scattering of trees in the northwest
comer of the property. The Planning and Zoning Commission approved this
action (6-0) vote subject to the Plat Review Summary No. 3,dated July 14, 2000.
Ordinance No. 480-349, 1st Reading (ZA 00-056), Rezoning and Concept Plan for
High Point on Tracts 3A, 3A1B, 3A2, 3E, 3El, and a portion of Tract 3A1C,
Littleberry G. Hall Survey, Abstract No. 686. including 14.654 acres of land.
This item was tabled at the request of the applicant, Mr. Ross Owen, to the City
Council meeting of August 15, 2000.
10-B.
Authorize the Mayor to execute a developer agreement for Crown Ridge Addition,
Phase lA and lB. This item was tabled at the request of staff to the August 15,
2000 City Council meeting. The applicant was not present for the meeting.
Agenda Item #6, Public Forum
No comments were made during the public hearing.
Agenda Item #7-A, Ordinance No. 480-348, 2"d Reading, (ZA 00-053)
Ordinance No. 480-348, 2nd Reading, (ZA 00-053), Rezoning of Tract 3H, Thomas M.
Hood Survey, Abstract No. 706, being approximately 2.86 acres. Current zoning is "AG"
Agricultural District with a requested zoning of "SF-1A" Single Family Residential
District. Owner/Applicant: James E. Glover.
Senior Comprehensive Planner Chris Carpenter presented this case, noting nine (9)
notices were sent to property owners within the 200' notification area and no written
responses were received. One (I) person spoke at the Planning and Zoning Commission
meeting, opposing this request.
This is a 2.86-acre tract set approximately 450' east of the North Peytonville Avenue
right-of-way. There is an existing 50' road easement serving this lot, and developed
residential lots to the south and west of this tract. The Coventry Manor subdivision (PUD
#7) is located along the eastern boundary of this tract. The property to the north and west
of this tract are zoned "SF-1A." The property to the south is zoned "AG." On July 6,
2000, the Planning and Zoning Commission recommended approval (7-0). City Council
approved (7-0) first reading on consent on July 18, 2000. During that meeting, the City
Council approved a variance regarding "street frontage" on the associated plat.
James E. Glover, applicant was present for the meeting.
PUBLIC HEARING: No comments were made during the public hearing.
Motion was made to approve Ordinance No. 480-348, 2nd Reading, (ZA 00-053), as
presented.
Regular City Council Meeting Minutes of August 1, 2000 Page 9 of 19
Motion: Kendall
Second: Potter
Ayes: Kendall, Potter, Shankland, and Stacy
Nays: None
Approved: 4-0 vote
Agenda Item #7-B, ZA 00-043, Site Plan for J.I.L. Custom Cabinets on Lot 2, Block
A, North Davis Business Park
ZA 00-043, Site Plan for J.I.L. Custom Cabinets on Lot 2, Block A, North Davis
Business Park, involving 1.38 acres. Current Zoning: "I-1" Light Industrial District.
Location: Northwest comer of North Davis Business Park on Greenwood Drive.
Owner/Applicant: J.I.L. Custom Cabinets, Inc.
Senior Comprehensive Planner Chris Carpenter presented this site plan nothing that
eleven (11) notices were sent to property owners within the 200' notification area and no
response was received.
This property is located at the northwest comer of North Davis Business Park on
Greenwood Drive. The site currently has a 6,000-square foot building and proposes
another of equal size with this plan.
The site is subject to residential adjacency standards due to its proximity to property
having medium density residential land use designation. The property is approximately
30 feet from residentially designated property, and the proposed building is
approximately 215 feet from residentially designated property. The existing structures on
the property were built prior to residential adjacency standards.
The following variances were requested:
· Allow existing parking spaces to encroach approximately five feet into the north
bufferyard.
Allow a separation of 53' from the adjacent driveway to the east where 100' of
separation is required.
· Allow a trash receptacle with no screening device.
· Allow no articulation on the proposed building where all four sides are required to
be articulated due to residential adjacency.
On July 20, 2000, Planning and Zoning Commission recommended approval (6-0)
subject to the site plan review summary and allowing the variances as requested, but
requiring the dumpster be screened as required in the industxial district, with a six-foot
tall screening device.
Roger Miller, Owner, 8635 Clara Lane, Keller. Mr. Miller was present to answer
questions for Council regarding the dumpster. He commented that the new building
would not have articulation.
Regular City Council Meeting Minutes of August 1, 2000 Page 10 of 19
PUBLIC HEARING: No comments were made during the public hearing.
Motion was made to approve ZA 00-043, Site Plan for J.I.L. Custom Cabinets on Lot 2,
Block A, North Davis Business Park, subject to the Site Plan Review Summary No. 3,
dated July 28, 2000, encompassing the recommendation made by the Planning and
Zoning Commission.
Motion: Potter
Second: Kendall
Ayes: Potter, Kendall, Shankland, and Stacy
Nays: None
Approved: 4-0 vote
Agenda Item #8-B, Ordinance No. 778, 1st Reading, Amending Chapter I1 of the
Code of Ordinances of the City of Southlake by adding Article III to define certain
noises to be a nuisance
Ordinance No. 778, 1st Reading, Amending Chapter 11 of the Code of Ordinances of the
City of Southlake by adding Article III to define certain noises to be a nuisance and
prohibit them.
Chief of Building Services Malcolm Jackson presented Ordinance No. 778, noting
Ordinance No. 778 was originally adopted in 1988 as a "nuisance" ordinance to address
noise related complaints and "relied heavily on subjective judgment that mandates a
much greater degree of evidentiary support than can typically be achieved for successful
prosecution." This amendment incorporates three minor changes to the ordinance for
clarification purposes. 1) The definition of a governmental entity was inserted to reflect
whether or not homeowner associates would be included in the exemptions, and
homeowner associates are not included as a recognized governmental entity. 2) There
was clarification in the exemptions to permit indoor construction on Sundays if no
outside noise is emitted. 3) For purposes of seeking a special permit, the distance for
notification was extended to all property owners within 200' of the property from which
the noise will be emitted.
PUBLIC COMMENTS:
Debbie Engler-Key, 105 Killdeer Court, Southlake. Ms. Engler-Key requested
modifications be made to this proposed ordinance and thanked the City Council for
considering modifications. She stated, "If we are going to have a city that looks good, it
needs to sound good too." She stated, "I did become interested in the noise issue last year
when Myers Meadows had the problem from the excessive noise coming from an
adjacent business. At that time I began researching noise ordinances and learning about
noise. Once I got into it and started studying more about it, it is my belief that noises
should not be allowed to interrupt the peace, quiet and solitude that citizens are entitled
to. When I received a copy of the proposed ordinance two weeks ago, I wanted to be sure
Regular City Council Meeting Minutes of August 1, 2000 Page 11 of 19
that it would be enforceable and effective, therefore, I contacted Erik Sworling, Director
of the Noise Institute at Ruckhurst University. He is a nationally recognized noise expert
and was very kind to review our proposed Ordinance. He made the following
suggestions: 1) to reduce the levels on the chart by 5 and that we should absolutely not
allow 55 decibels at night; and 2) we should set definite times; and, 3) we should include
a clause for repetitive noise in which tone be reduced by 5 in either residential or
commercial." She asked that the three items be considered for modification to the
ordinance.
Stan Key, 105 Killdeer Court, $outhlake. Mr. Key did not wish to speak but asked that
the City Council modify the proposed plan as noted above.
James Hoglund, 108 Killdeer Court, Southlake. Mr. Hoglund stated he preferred that
Council drop the numbers around residential and that the time established be 7:00 a.m.
and 7:00 p.m.
Jim Mouger, 1902 Hay Meadow Court, Southlake. Mr. Mouger stated he did not wish to
speak but was in support of a strong noise ordinance.
Motion was made to approve first reading of Ordinance No. 778, amending Chapter 11 of
the Code of Ordinances of the City of Southlake, by adding Article 3 to define certain
noises to be a nuisance and prohibit them; incorporate and lowering the decibel level by 5
to 55 in day time to 47 in night time, and 65 for commercial all the way.
Between now and second reading Kendall would like for the Chief of Building
Services to look at how boom-boxes and car stereos can be put into the ordinance
and more discussion be given to the times as it was not resolved tonight and that
construction is a factor. Councilmember Potter asked Mr. Jackson to look into
different approaches to the times that can be manageable. Mayor Stacy asked
Jackson to look into the decibels and see how it compares to other cities.
Motion: Kendall
Second: Potter
Ayes: Kendall, Potter, Shankland, and Stacy
Nays: None
Approved: 4-0 votes
Agenda Item #8-C, ZA 00-036, Preliminary Plat for Simmons Addition on Lots 1
and 2, Simmons Addition
ZA 00-036, Preliminary Plat for Simmons Addition on Lots 1 and 2, Simmons Addition,
involving 20.713 acres. Current Zoning: "SF-1A" Single Family Residential District.
Located: South side of Broolc~vood Lane approximately 180' east of Raintree Drive.
Owners: John Simmons and Chris and Nanette Lockhart. Applicant: Mary Meyer's
Enterprises, Inc.
Regular City Council Meeting Minutes of August 1, 2000 Page 12 of 19
Senior Comprehensive Planner Chris Carpenter presented ZA 00-036, Preliminary Plat
for Simmons Addition on Lots 1 and 2, Simmons Addition, noting twenty (20) notices
were sent to property owners within the 200' notification area and seven (7) letters were
received from inside the notification area and four additional letters were received from
outside the notification area.
This is a 20.7-acre, 13 lot residential development located on the north side of Rainforest
Court. Jones Branch Creek and the City of Grapevine bound the property on the east.
Rainforest residential neighborhood is on the west and southwest side of the property and
unplatted residential properties are located to the north. All adjacent properties within
Southlake are zoned "SF-1A." The property is heavily wooded. There are two residences
on the two existing platted lots. These residences will remain.
On June 8, 2000, P&Z tabled this item. The issues discussed included drainage concerns,
location of street access, water pressure in the area, and existing narrow streets. On July
20, 2000, P&Z approved (6-0) plat subject to Summary Review No. 3, dated July 14,
2000, granting relief on the number of access points into the neighborhood, the length of
the cul-de-sac and allowing the easements to be located in a manner as to preserve trees.
The applicant requested the following variances:
Only one planned point of access.
Increased cul-de-sac length
At stafffs recommendation, the applicant is offering to relocate any city
utilities along the street right-of-way, where possible, to protect trees. This
is in conflict with the Subdivision Ordinance No. 483, requiring a
variance.
Fred Joyce, Mary Myer's Enterprises, Inc. Mr. Joyce stated they were going to buy
eleven of the 13 lots and that each lot was over one acre. He noted they would work with
staff on the required easements. Regarding the 100' flood plane questions, they have the
plans and will be building on all lots outside the flood plane area. Mr. Joyce stated he was
happy with the recommendation made by the Pla~'mg and Zoning Commission on July
20, 2000.
PUBLIC COMMENTS:
Burton Patterson, in support but did not wish to speak.
Stephen Apple, 2819 Rainforest Court, Southlake. Mr. Apple commented on the good job
done by Mr. Joyce, however, had the following comments to make:
The radius on the comer of Raintree Lane and Rainforest needed to be
improved.
Raintree is an access for one thousand feet and is a legal non-conforming
street. Rainforest has ten homes and is over one thousand feet; the new
Regular City Council Meeting Minutes of August 1, 2000 Page 13 of 19
addition will have eleven homes and will be over one thousand feet long.
This will be the third layer of non-conforming street length.
With this new addition there will be sixty homes on a dead end street.
He does not have a problem with water pressure but wants to be sure that
we will not have a problem when the additional eleven homes are built
Drainage is an issue. He has seen area under water with the 100-year
floods.
Martin Peryea, 2820 Rainforest Court, Southake. Mr. Peryea stated they were happy with
the plan Mr. Joyce presented. He presented a petition and asked that Mayor Stacy read
the following letter into the record:
"Mayor and City Councilmembers: We respectfully ask the City Council
to address our concerns regarding the traffic and water resource impact
that the Simmons Addition will have on our community. Access to our
community and the proposed development is presently limited to Raintree
and Shady Lane, narrow roads in dire need of improvement. These roads
were constructed when Southlake was a quiet little community and they
cannot handle the homes and commercial traffic that is required to service
the current homes, let alone additional homes. School buses, sanitation
trucks and service vehicles have a difficult time negotiating these roads.
The water supply for the entire neighborhood is currently being fed from a
single line at Shady Lane. The proposed development will put a further
demand on an already marginal supply. A line break on Raintree will
render the entire neighborhood without water for a fire emergency. We
should request that the City consider looping our water supply to another
source (Grapevine or Southlake).
We are asking the city to provide infrastructure improvements to our main
thoroughfares (Raintree and Shady Lane) and our water supply. If the City
cannot improve the infrastructure to the proposed development then the
city should consider purchasing the proposed development, which is a
heavily wooded natural habitat and create a community park and nature
trail.
Sincerely,
The residents of Raintree, Rainforest, Brookwood, Shady Lane, Rolling
Lane, Greenbough, Raintree and Hillcastle."
The record reflects that the petition had thirty-five (35) names presented.
Interim Director of Public Works Charlie Thomas responded on the water pressure and
right-of-way radium as noted above.
Regular City Council Meeting Minutes of August 1, 2000 Page 14 of 19
Councilmmber Rex Potter stated Council approved this item tonight; the City needs to
make the repairs as discussed tonight.
Burton Patterson. Mr. Patterson stated he is the last house on Raintree. If this is
approved, he asked Council to make the motion contingent upon including looping his
water line with the city water line.
Tim Miller, SPIN #6. Mr. Miller stated he has lived in this neighborhood since he was
ten years old. As far as he knows there has never been a SPIN meeting regarding the
road. As far as the neighbors saying they do not want the road widened, he feels it is
because the neighborhood wants to keep the neighborhood the same as it has always
been. The road has always been patched but never fully repaired. He commented on the
road condition left by the contractor when the neighborhood sewer project was put in and
fears that the time limit will expire before the work is done on the road.
Interim Director of Public Works Charlie Thomas stated the bonding company has been
notified; therefore, timing is not an issue.
Motion was made to approve ZA 00-036, Preliminary Plat for Simmons Addition on Lots
1 and 2, Simmons Addition, incorporating the recommendation made by the Planning and
Zoning Commission; recognizing Mr. Joyce will get with staff to resolve the issues
discussed tonight and work toward looping the water line, the turning radius and talking
with the [City of] Grapevine for an emergency connection for water.
Motion: Potter
Second: Shankland
Ayes: Potter, Shankland, Kendall, and Stacy
Nays: None
Approved: 4-0 vote
Council adjourned for recess at 8:20 p.m.
Council returned to open session at 8:25 p.m
Agenda Item gl0-A, Authorize the Mayor to execute a commercial developer's
agreement for CISD No. 6 Addition (stadium/transportation facility)
Interim Director of Public Works Charlie Thomas presented the developer agreement for
the new stadium and transportation facility on South Kimball Avenue. The developer's
agreement covers the construction of public water, sanitary sewer, drainage (including
detention pond) and streets (Silicon Drive and a portion of South Kimball Avenue, from
Silicon Drive to Heritage Business Park).
In addition to necessary on-site sanitary sewer improvements, the developer will
construct a portion of the City's planned S-7 Sewer line from South Kimball Avenue
north along the east side of Silicon Drive to the north property line of the CISD No. 6
Addition. The S-7 Sewer line construction is anticipated to begin later this year. The
developer will also construct a portion of the City's planned 12-inch water line along the
Regular City Council Meeting Minutes of August 1, 2000 Page 15 of 19
north side of the future South Kimball Avenue and the south side of the new
Transportation Facility. The construction of South Kimball Avenue from Crooked Lane
to Heritage Business Park, along with a proposed 12-inch water line is anticipated to
begin in the winter of 2000/2001. The developer is requesting reimbursement for the
construction of the sewer line along Silicon Drive and water line along South Kimball
Avenue, both of which have been budgeted for in the City's CIP. CISD is also requesting
to waive the following fees: 3% Inspection Fees, 2% Administrative Processing Fees,
Roadway Impact Fees, Water Impact Fees, Wastewater Impact Fees and Park Dedication
Fees. The total amount of the credit of fees is approximately $100,000. The cost of the
reimbursement for the 8-inch sewer line along the east side of Silicon Drive is $112,270.
Cost of the reimbursement of the 12-inch water line along South Kimball Avenue is
$41,710.
Mark Daniels, Total Program Management, 860 West Airport Freeway, Ste. 103,
Bedford. Mr. Daniels stated he was present representing Carroll Independent School
District. He commented that this was his first developer agreement.
Councilmember Ronnie Kendall stated, "I know that TPM builds school sites in other
cities, in other school districts. Can you tell me what other cities do not charge you for
impact fees?" Mr. Daniels stated he did not know the answer.
Councilmember Rex Potter stated one of his concerns was that the City forgave impact
fees at the middle school and the intermediate schools. Councilmember Kendall noted
that those two schools are in the TIF. The City is putting $6 million dollars of roadway in
there to acconunodate them, and he is having trouble giving $400,000 for this road when
the City is desperately hurting for money to put these roads in. He commented that this
was only one reason why the City should be asking for the impact fees on this project.
City Attorney E. Allen Taylor Jr., stated, "Rex is raising a very legitimate concern from
the city's perspective. It is relatively rare for cities not to impose impact fees on school
districts. Impact Fees are not a punishment; they are a cost allocation applied to the party,
the business, or the entity creating a load on the public works system. Impact Fees are a
charge that the cities are authorized to access to new development to just cover the cost of
servicing the new development. When a school district comes into a community and
builds a facility (a school, a stadium, an administrative office building) and that facility is
going to generate a load requirement (water, sewer, special roadway improvements),
those improvements are being built to service that facility and that activity. That entity
has the ability to raise taxes, to charge fees, to recover the costs of doing that. If the
school district doesn't do that, it falls back on the taxpayers in the city to pay taxes to
install the improvements. If they do not do that, it creates a constitutional and statutory
dilemma. [In] Afflcle 3, Section 52 of the Texas Constitution, we are protfibited from
spending money for the benefit of another individual or business or to lend credit to
another individual or business unless we are legally obligated to do it. The Constitution
creates a school district with its fund raising funding authority or ability and its
responsibilities to install improvements. The city has its responsibilities to raise fimds and
to install the improvements that it provides. The Impact Statute, Chapter 395, simply
Regular City Council Meeting Minutes of August 1, 2000 Page 16 of 19
says, whoever creates the service or need bears the burden of servicing the need. If the
school district doesn't provide the services it needs to and the City does it, then the city is
carrying the load and the city taxpayers provide it rather than the school taxpayers. The
reason most cites do not consider crediting that away, is most frequently, the city's
boundary and the school district do not match, therefore, the city would be underwriting
costs that were benefiting people who live in a different geographical district." Mr.
Taylor stated, "Mr. Potter, we did not forgive fees -- we allow credit for the fees. We did
it because they lay in the TIF district."
Mayor Stacy commented on the route that the buses would be going to the bus barn and
the timing of the bus facility. Mr. Daniels stated the stadium is planned to be in use in
August 2001.
Councilmember Kendall stated that while the City is doing CISD projects, we couldn't do
other needed projects for the city.
Motion was made to approve authorizing the Mayor to execute a commercial developer's
agreement for CISD No. 6 Addition (stadium/transportation facility), as submitted with
the exception of credit for roadway impact fees in the amount of $415,200; giving credit
for other fees (water and wastewater, impact fees); but not credit for the roadway impact
fees.
Motion: Kendall
Second: Shankland
Ayes: Kendall, Shankland, Potter, and Stacy
Nays: None
Approved: 4-0 vote
Agenda Item gl0-C, Request for variance to Sign Ordinance No. 704-A, for Loch
Meadow Estates located at 939 North Carroll Avenue
Loch Meadow Estates is a 23-1ot subdivision located on the east side of Ridgecrest Drive,
approximately 3,000 fees north of East Dove Street. This request is to allow an off-site
development sign at the northeast comer of SH 114 and North Carroll Avenue. This site
is in the right-of-way purchased for the expansion of the highway, but the contract allows
the owner to continue to use the property until it is actually needed for expansion of the
roadway. The proposed sign structure would comply with the ordinance criteria for a
Ground Sign, as specified in Section 16-C.
Chief of Building Services Malcolm Jackson requested this item be table to August 15,
2000 City Council meeting.
Motion was made to table the request for variance to Sign Ordinance No. 704-A, for
Loch Meadow Estates located at 939 North Carroll Avenue, until August 15, 2000 City
Council meeting.
Motion: Potter
Second: Shankland
Regular City Council Meeting Minutes of August 1, 2000 Page 17 of 19
Ayes:
Nays:
Approved:
Potter, Shankland, Kendall, and Stacy
None
4-0 vote to table
Agenda Item 1 l-A, Disposition of pond at Noble Oaks Park
Deputy Director of Public Works Charlie Thomas presented this item to council. The
pond is located in the southwest comer of Noble Oaks Park. Adjacent to the west side of
the park is CISD property being developed as an elementary school (CISD No. 5). A
small portion of the pond is on the school property. The pond is fed by storm water runoff
from the area north of South Carroll Avenue and dries up to a mud hole during the dry
summer months.
Mr. Thomas explained the background history of the pond and why the matter was
brought to the City Council for their re-consideration. Because of the close proximity of
the pond to the school ground, CISD officials requested that they be allowed to fill the
entire pond during the construction of the school. The city staff, Park Board, Joint Use
Committee, Planning and Zoning Commission and finally the City Council, reviewed
plans. The consensus of opinion was that the pond should be eliminated for public safety.
The site plan was approved by Council on June 20, 2000 with the entire pond to be filled.
The plan to fill the pond was questioned by citizens.
PUBLIC COMMENTS:
Rosemary Hutchins, 1412 Whispering Dell Court, Southlake. Ms. Hutchins stated this
was a beautiful site and should be kept. She noted, "Under no conditions should the pond
be filled in -- please leave it like it is."
Scott Martin, 591 East Dove Road, Southlake. Mr. Martin presented a map of the
topography of the park and the pond in question. He stated the city has the opportunity to
gather a good water supply and maintain water level from the runoff from the area. The
pond has scum on it now because there is no circulation. "We can get rid of that," Martin
stated. He asked the City Council to not fill in the pond.
After discussion by the City Council, it was decided that this item should be placed on
the next City Council agenda for consideration to save the pond.
Agenda Item #12, Adjournment
Mayor Rick Stacy adjourned the meeting at 9:05 p.m.
Regular City Council Meeting Minutes of August 1, 2000 Page 18 of 19
Regular City Council Meeting Minutes of August 1, 2000 Page 19 of 19
RESOLUTION NO. 00 -72
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SOUTHLAKE TEXAS, AMENDING THE EMPLOYEE HANDBOOK TO
INCLUDE THE WORKER'S COMPENSATION WAGE
CONTINUATION POLICY; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Manager shall be responsible to the Council for the proper
administration of all affairs of the City including the preparation of personnel policies; and
WHEREAS, according to the City of Southlake (the "City ") Charter section 4.14(9)
personnel rules are subject to the approval of Council; and
WHEREAS, the City Manager recognizes the need to update, revise, or add policies to
reflect changes in laws or City practice; and
WHEREAS, the Worker's Compensation Wage Continuation policy accomplishes the
purposes described above in a manner that accommodates the legitimate interests of the City,
now
THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
SOUTHLAKE, THAT:
Section 1: The City of Southlake hereby amends the personnel policies to include the
Worker's Compensation Wage Continuation policy.
Section 2: This resolution shall become effective after its passage and adoption by the City
Council.
PASSED AND APPROVED THIS THE `% DAY OF %. , 2000.
p Rick Stacy, Mayor
ATTEST:
ff A
4
Sandra L. LeGrand, City Secretary
Resolution No.00 -79 DENIED BY COUNCIL 8/15/00
Page 1
RESOLUTION NO. 00-79
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SOUTHLAKE, TEXAS, GRANTING A SPECIFIC USE
PERMIT FOR THE OPERATION OF A FULL SERVICE CAR
WASH SUBJECT TO THE CONDITIONS ESTABLISHED IN
RESOLUTION NO. 95 -20 WITH THE ADDITION OF A
SHADE STRUCTURE ON PROPERTY WITHIN THE CITY
OF SOUTHLAKE, TEXAS, BEING LEGALLY DESCRIBED
AS LOT 2, T. J. THOMPSON NO. 1502 ADDITION, AN
ADDITION TO THE CITY OF SOUTHLAKE, TARRANT
COUNTY, TEXAS, ACCORDING TO THE PLAT RECORDED
IN CABINET A, SLIDE 2657, PLAT RECORDS, TARRANT
COUNTY, TEXAS, BEING APPROXIMATELY 2.00 ACRES,
MORE FULLY AND COMPLETELY DESCRIBED IN
EXHIBIT "A ", AND AS DEPICTED ON THE APPROVED
SITE PLAN ATTACHED HERETO AND INCORPORATED
HEREIN AS EXHIBIT "B" AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, a Specific Use Permit for the operation of a full service car wash subject to the
conditions established in Resolution No. 95 -20 with the addition of a shade structure has been
requested by a person or corporation having a proprietary interest in the property zoned as "C -3"
General Commercial District; and,
WHEREAS, in accordance with the requirements of Section 45.1 (37) of the City's
Comprehensive Zoning Ordinance, the Planning and Zoning Commission and the City Council have
given the requisite notices by publication and otherwise, and have afforded the persons interested
and situated in the affected area and in the vicinity thereof; and,
WHEREAS, the City Council does hereby find and determine that the granting of such
Specific Use Permit is in the best interest of the public health, safety, morals and general welfare
of the City.
Case No. Agenda Item Attachment F
ZA00 -078 7A Page 1
Resolution No.00 -79 DENIED BY COUNCIL 8/15/00
Page 2
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF SOUTHLAKE, TEXAS:
SECTION 1.
A Specific Use Permit is hereby granted for Specific Use Permit per Zoning Ordinance No.
480, Section 45.1 (37) for the operation of a full service car wash subject to the conditions
established in Resolution No. 95 -20 with the addition of a shade structure on the property being
legally described as Lot 2, T. J. Thompson No. 1502 Addition, an addition to the City of Southlake,
Tarrant County, Texas, according to the plat recorded in Cabinet A, Slide 2657, Plat Records,
Tarrant County, Texas, being approximately 2.00 acres, more fully and completely described in
Exhibit "A ", and as depicted on the approved Site Plan attached hereto and incorporated herein as
Exhibit "B" and providing an effective date, subject to the provisions contained in the
comprehensive zoning ordinance and the restrictions set forth herein. The following specific
requirements and special conditions shall be applicable to the granting of this Specific Use Permit:
1.
2.
3.
4.
5.
SECTION 2.
This resolution shall become effective on the date of approval by the City Council.
Case No. Agenda Item Attachment F
ZA00 -078 7A Page 2
Resolution No.00 -79 DENIED BY COUNCIL 8/15/00
Page 3
PASSED AND APPROVED THIS DAY OF , 2000.
CITY OF SOUTHLAKE
By:
Rick Stacy, Mayor
ATTEST:
Sandra L. LeGrand
City Secretary
APPROVED AS TO FORM:
City Attorney
City of Southlake, Texas
Case No. Agenda Item Attachment F
ZA00 -078 ## Page 3
Resolution No.00 -79 DENIED BY COUNCIL 8/15/00
Page 4
EXHIBIT "A"
Lot 2, T. J. Thompson No. 1502 Addition, an addition to the City of Southlake, Tarrant County,
Texas, according to the plat recorded in Cabinet A, Slide 2657, Plat Records, Tarrant County, Texas,
being approximately 2.00 acres
Case No. Agenda Item Attachment F
ZA00 -078 ## Page 4
. ..
Resolution No.00-79 DENIED BY COUNCIL 8/15/00
Page 5
EXHIBIT "B"
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Agenda Item Attachment F
Case No.
ZA00-078 ## Page 5
Resolution No.00 -79 DENIED BY COUNCIL 8/15/00
Page 6
EXHIBIT "C"
This page reserved for the approved City Council motion.
Case No. Agenda Item Attachment F
ZA00 -078 ## Page 6
RESOLUTION NO. 00 -81
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SOUTHLAKE TEXAS, AMENDING THE PERSONNEL POLICIES TO
INCLUDE THE DRUG AND ALCOHOL TESTING POLICY FOR
EMPLOYEES DRIVING COMMERCIAL VEHICLES; AND PROVIDING
AN EFFECTIVE DATE.
WHEREAS, the City Manager shall be responsible to the Council for the proper
administration of all affairs of the City including the preparation of personnel policies; and
WHEREAS, according to the City of Southlake (the "City ") Charter section 4.14(9)
personnel rules are subject to the approval of Council; and
WHEREAS, the City Manager recognizes the need to update, revise, or add policies to
reflect changes in laws or City practice; and
WHEREAS, the drug and alcohol testing policy for employees driving commercial
vehicles accomplishes the purposes described above in a manner that accommodates the
legitimate interests of the City, now
THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
SOUTHLAKE, THAT:
Section 1: The City of Southlake hereby amends the personnel policies to include the Drug
and Alcohol Testing Policy for Employees Driving Commercial Vehicles.
Section 2: This resolution shall become effective after its passage and adoption by the City
Council.
PASSED AND APPROVED THIS THE / DAY OF , 2000.
,.:‘,0..... „, .., A 4 IArrA0
: tee - . '
o , � , -, . ck . tacy, Mayor
ATTEST: �' _
i * , * .''
Sandra L. LeGrand, City Secretary
5E -3
AuG
A ICE- D
OFFICE OF CITY SECRETARY
To: Mayor and City Council Members
From: Sherry Berman, Chairman parks and Recreation Board:
Re: Pond at Noble Oaks Park
1 understand that this item is being brought before you again. There are a couple of things
that I would lice to add before you make a decision on this. First, City Stafftold the
Parks Board and Joint Use that this pond dries up in the summer time. We have had two
droughts, one this year and one last year, this pond is not dry and has not been dry. If you
drive by today, you will see that there is water in it.
In the March meeting with Parks Board and Joint Use Committee there was discussion on
this pond. The school has been concerned about the liability of this pond because part of
the pond sits on the School property and the rest is on the City's property.. This pond sits
at the very southern edge of the school property. It is not close to the school at all. There
is a grassy open area between the school and the pond. It was suggested by Lisa Stokdyk
(Park Board Member) that this pond be preserved as a natural habitat area that could be
incorporated into the science curriculum, with structured walkways around the water
areas. There is a low area by this pond and Mr.Brent Kline from TPM stated that the
school proposal calls for developing the low area into a small open play area. Mr. Jerry
Lawrence (School Board Member) said he saw three ahernatives, 1) separate the pond
area on the city popery from the school property with fencing, 2) work with the city to
develop the natural habitat area, or 3) drain and cover the pond. Mr. Gary Fawks stated
that Noble Oaks was always envisioned as a joint use facility, due to the proximity to the
school site. Ms. Dupree stated that she has seen a similar pond area to this one that been
developed as a nature area, and this is a potential joint use opportunity. Mr. John Rollins,
(CISD Board of Trustees Appointed Citizen) stated that the pond area is a potential asset
versus a liability. Mr. Lawrence stated that due to the large distance from the school
building, this area is not a day - to day issue for the schools, and it could be properly
fenced from the school property. The intent for Noble Oaks was to be a passive park with
picnic areas and open space. There is currently no funding available to completely
develop the park. The conclusion of this meeting was that the pond was to be left as a
natural learning environment for the school district site to be built adjacent to the park.
The school district is still concerned with the liability issue and they have told the City
Manager that if the pond stays, they will fill in their portion of the pond and the fence
across it.
This issue was a consider item to the Park Board in April. Mr. Glover that nothing should
be done to the pond made the motion and it should be Ieft the way it is and the Park
Board would reconsider this item in the future when there is a better idea of what the new
topography will be. It was voted on with 8 approving and none against.
Today I spoke with Connie McCammon the Science teacher at Carroll Elementary. She
informed me that Carroll Elementary had to raise money to build a pond and the Secret
Garden. Since this habitat is artificial it requires extra maintenance that a natural pond
would not require. There is a whole curriculum built around this Secret Garden and Pond.
The children collect pond samples to study microscopic creatures; they watched the frogs
lay eggs and enjoyed the coy fish that swim in the pond.
In conclusion, I hope that you will have a vision for the future of science for these
elementary school children. This is a great asset not a liability. Please vote to keep it.
Petition to the City of Southlake l -
Mayor and City Council Members
OFFICE OF CITY SECRETARY
We respectfully ask the City Council to address our concerns regarding the
traffic and water resource impact that the Simmons Addition will have on
our community. Access to our community and the proposed development is
presently limited to Raintree and Shady Lane, narrow roads in dire need of
improvement. These roads were constructed when Southlake was a quiet
little community and they cannot handle the homes and commercial traffic
that is required to service the current homes, let alone additional homes.
School buses, sanitation trucks and service vehicles have a difficult time
negotiating these roads.
The water supply for the entire neighborhood is currently being fed from a
single line at shady lane. The proposed development will put a further
demand on an already marginal supply. A line break on Raintree will render
the entire neighborhood without water for a fire emergency. We would
request that the City consider looping our water supply to another source
(Grapevine or Southlake).
We are asking the city to provide infrastructure improvements to our main
thoroughfares (Raintree and Shady Lane) and our water supply. If the city
cannot improve the infrastructure to the proposed development then the
city should consider purchasing the proposed development, which is a heavily
wooded natural habitat and create a Community Park and nature trail.
Sincerely,
The Residents of Raintree, Rainforest, Brookwood, Shady Lane, Rolling Lane,
Greenbough, Raintree, and Hillcastle.
end of petition--- -
P.S. You can directly call, write, or e-mail City Council also.
Email: slegrand(a),cityofsouthlake.com
Fax: 329 -5810
write to: Southlake City Council; 1725 E. Southlake Blvd; 76092
cannot improve the infrastructure to the proposed development then the
city should consider purchasing the proposed development, which is a heavily
wooded natural habitat and create a Community Park and nature trail.
603 sHAoyE
Sincerely, O / 147g7z%1,e/v77ff '2r ;rr
The Residents of Raintree, Rainfore , Brookwood, Shady Lane, Ro • Lane,
Greenbough, Raintree, and Hillcastle.
AUG � 1 - X00 ► �,;
rnorougntares' (Kainrree and Snag Lane) and our
Y ) water suppl yfiveig SECRETARY
cannot improve the infrastructure to the proposed development then the
city should consider purchasing the proposed development, which is a heavily
wooded natural habitat and create a Community Park and nature trail.
Sincerely,
The Residents of Raintree, Rainforest, Brookwood, Shady Lane, Rolling Lane,
■ Greenbough, Raintree, a Hi Icastle.
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The Residents of Raintree, Rainforest, Brookwood, Shady Lane, Rolling Lane,
Green.:
gh, Raintree, and Hillcastle.
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E ail: ge rand ��cityofsouthlake com
Fax: 329 -5810
write to: Southlake City Council; 1725 E. Southlake Blvd; 76092
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The Residents of Raintree, Rainforest, Brookwood, Shady Lane, Rollin La
Greenbough, Raintree, and Hillcastle. 9 ne,
. P.S. You can directly call, write, or e-mail City Council also. petition--- -
Email : _ randna city ofsouthlake co
Fax: 329 -5810
write to: Southlake City Council; 1725 E. Southlake Blvd; 76092
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cannot improve the intrastructure to the propose. development then the
city should consider purchasing the proposed development, which is a heavily
wooded natural habitat and create a Community P9rk and nature trail. Lc) 1 -{
Sincerely, -k o- -L ci ,,
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The Residents of Raintree, Rainforest, Brookwood, Shady Lane, Rolling Lane,
Grgenbough, Raintree and Hillcastle.
end of petition--- -
P.S. You can directly call, write, or e-mail City Council also.
al
Email: slegrandncityofsouthlake.com
• Fax: 329 -5810
write to: Southlake City Council; 1725 E. Southlake Blvd; 76092
i
i
Comparative Sound Chart Information
Chart Source: Canadian Center for Occupational Health and Safety
Noise Source Sound Pressure Level, dB (decibel)
Pneumatic Chipper at 5 feet distance 112 dB
Garbage Disposal at 3 feet distance _ 80 dB
Passenger car 50 mph at 50 feet distance 65 dB
Conversation at 3 feet distance 60 dB
Quiet room 40 dB
Chart Source: National Institute on Deafness and Communication Disorders and the
National Institute for Occupational Safety and Health.
Noise Source Sound Pressure Level, dB (decibel)
Lawn Mower 96 dB
Food Blender 88 dB
Typical living room music 76 dB
Typical television / radio 70 dB
Conversation 60 dB
Bird Calls 44 dB
Normal breathing 10 dB
Local Readings Taken with Sound Meter
Noise Source Sound Pressure Level Notations
"dB" (decibel)
Killdeer Ct. 52 dB No traffic
Killdeer Ct. 67 dB Traffic sounds
Town square fountain 62 dB 5 feet distance
Town square pavilion 65 dB No traffic / Water sprays on lake
Tetco 1709/Peytonville 55 dB No traffic / No car wash
Davis Blvd Car Wash 57 dB No traffic / No car wash
Scooters 114 /Kimball 62 dB No traffic / No car wash
Tetco 1709/Peytonville 69 dB Traffic sounds
Davis Blvd Car Wash 68 dB Traffic sounds
Scooters 114 /Kimball 69 dB Traffic sounds
Tetco 1709 /Peytonville 58 dB Car wash at residential property
Davis Blvd Car Wash 69 dB Car wash at commercial property
Scooters 114 /Kimball 74 dB Car wash at commercial property
1 ,1 a it /71 3 - 6
14etilyk-ici-Ait );/1-416-1/1?