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2000-09-19REGULAR CITY COUNCIL MEETING 667 NORTH CARROLL AVENUE SOUTHLAKE, TEXAS SEPTEMBER 19, 20000 MINUTES COUNCILMEMBERS PRESENT: Mayor Rick Stacy; Mayor Pro Tem Gary Fawks; Deputy Mayor Pro Tem Ronnie Kendall. Members: Patsy DuPre, Greg Standerfer, Rex Potter and Keith Shankland. CITY STAFF PRESENT: City Manager Billy Campbell; Assistant City Manager Shana Yelverton; Assistant to the City Manager John Eaglen; Director of Finance Sharen Elam; Director of Economic Development Greg Last; Director of Community Services Kevin Hugman; Director of Human Resources Lauren Safranek; Director of Planning Brace Payne; Senior Planner Karen Gandy; Director of Public Works Pedram Faralmak; City Engineer Charlie Thomas; Assistant City Engineer Shawn Poe; Public Works Operations Manager Michael Patterson; Assistant to the Public Works Director Valerie Bradley; Fire Chief Ricky Black; Chief of Building Services Malcolm Jackson; Court Administrator Sean Leonard; GIS Project Manager Melinda Polley; Technical Services Manager Gary Gregg; Police Lieutenant Barry Hinkle; City Attorney E. Allen Taylor Jr.; and, City Secretary Sandra L. LeGrand. WORK SESSION: Mayor Rick Stacy called the work session to order at 5:35 p.m. (Deputy Mayor Pro Tem Ronnie Kendall was not present for the work session). 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 Item #5-D, Award of bid to Reynolds Asphalt Corporation for repaying of Civic Place at Town Hall and approval of Change Order No. 6. Councilmember Gary Fawks asked why this was happening? City Engineer Charlie Thomas explained that Civic Place is the street on the north side of Town Hall and was constructed when Phase 1 of Town Square was built. After the design of the building was done, it was discovered that the sewer and water line at Town Hall was stubbed out assuming that the first floor of the Town Hall would be ground level. When the first floor was below ground, it was discovered that the sewer line would no longer serve on the lower levels. Thomas said, "We had to put in a new sewer line and we had to cross the street making an open cut trench. Also it was discovered when the building was designed that the water service was not large enough to handle domestic water, irdgati0n and the fire lane, so they laid a new water line to the building, again, opening the street. The design also determined that it was necessary to provide a drainage storm sewer pipe to drain around the area, so we had to open trench the street three times. In lieu of patching the street, at the end of the construction, it would be best to resurface the street rather than patching the street." Regular City Council Meeting Minutes of September 19, 2000 Page 1 of 20 Agenda Item g8-A, Ordinance No. 480-350, 1~t Reading (ZA 00-068) Rezoning and Revised Site Plan for Christian Men's Network on Lot 2R1, Block B, Ravenaux Village. Director of Planning Bruce Payne stated, "Without seeing any other comments, they are in compliance with building articulation. This project required a lot of help to get it to this point, and they have agreed to meet the requirements." John Levitt, engineer, stated they would comply with all the horizontal and vertical articulation requirements. Agenda Item #10-B, Reconsideration of the developer's agreement for CISD No. 6, stadium and transportation facility. City Engineer Charlie Thomas stated, "On August 1, 2000, the City Council authorized the Mayor to execute a developer agreement for CISD No. 6, stadium and bus facility with the stipulation that the administration processing fee, inspection fee, park fee were waived and credit was given for water impact fee and wastewater impact fee. CISD was not given credit for the roadway impact fee as calculated by the City staff in accordance with the Impact Fee Ordinance in the amount of $415,228.25. CISD has not executed that developer agreement as of yet, but has requested that the City staff reconsider the method of calculation of the roadway impact fee as is provided for in the Impact Fee Ordinance." Thomas went on to say, "In the equivalency tables of the City's Impact Fee Ordinance, there is only one use that comes close to a high school football stadium and that is an arena. The ITE Generation Manual that is used to estimate trip generation for different uses used only one example and that was the San Diego Sports Arena. The San Diego Sports Arena is 38 acres and seats 14,500. Dragon Stadium is approximately 30 acres and seats 7,500. In discussions between the City staff and the CISD staff, it was agreed that a more equitable method of calculation of the roadway impact fee for Dragon Stadium would be one based upon the seating capacity. Utilizing the rate of $10,578.86 per acre from the Impact Fee Ordinance and multiplying that by 38 acres and dividing that by 14,500 seats yields a fee rate of $27.72 per seat. Applying that rate to Dragon Stadium with a seating capacity of 7,500 multiplied by $27.72 per seat, yields a roadway impact fee of $207,900 instead of the originally calculated $415,228.25. In the construction of the stadium and bus facility, CISD is constructing a portion of South Kimball Avenue. The cost of that construction is $189,000. CISD is requesting credit for the $189,000 towards their roadway impact fee. South Kimball Avenue is on the City's Master Thoroughfare Plan and is eligible for impact fees." Thomas stated, "If the Council chooses to give CISD credit for the $189,000 to be spent on South Kimball Avenue, the roadway impact fee would then be $207,900 minus $189,000 which is $18,900." Brent Cline, TPM, representing CISD. Mr. Cline stated, "In talking with the group, we feel it is fair that whatever rules are used that they should be based on the same facility regarding what size it is. When we come back to do expansion of the facility itself, and adding on the additional parking, I believe that it will require another developer agreement. There will be some modification to get the sprinkler system in place." Charlie Thomas stated that the key is they would have to get another building permit and that is where the roadway impact fees come into play. The City does not get impact fees at this time; they are collected when the building permit is requested. Regular City Council Meeting Minutes of September 19, 2000 Page 2 of 20 Superintendent of CISD Ted Gillum. Dr. Gillum stated the only other thing that he planned to add, at the request of the school board, assuming that Brent talked about the $189,700, were two other credits that the Board was requesting. They are donating 1.077 acres of land for right-of-way on South Kimball. He said he realized that staff has taken the position that they cannot get a credit for that, but they would like to emphasize that these are real dollars that the school district has paid for the right-of-way. Gillum continued, "The road is on the Thoroughfare [Plan] and not on an internal road and the city will benefit from the road being constructed. This road as part of the T1F negotiations and designed to bring traffic to Town Center. Because of that, CISD is requesting consideration for credit for the right-of-way. The Board is asking Council to consider credit of $368,622 toward all impact fees that are being assessed or planned on being assessed for any of the CISD projects in the TIF. The amount represents the District's TIF payments to be made to the City in the next two years, when the bulk of the infrastructure that would be constructed for the five CISD projects inside the TIF boundaries, would be finished. It is the Board's position that the District agreed to participate in the TIF in order to help the city provide the infrastructure necessary for all the CISD facilities that are being constructed there, and payment of the funds to the City would help fund the eventual capacity as per ordinance to broaden the infrastructure necessary to support those facilities." Gillum stated the Board asked him to come before Council and ask for those two payments. Mayor Stacy asked Dr. Gillum how much money the school district contributed to the TIF so far, and he replied, "none." Mayor Stacy stated that he hopes that the school board realizes that they are going to receive tremendously more benefit from the TIF than the City is. He said, "We are so happy that you came to the TIF party and that we have all those sites on there and so that the school district can be reimbursed rather than sending money to Austin when the time comes. Hopefully, we are about to spend $6-million dollars to build roads to the facilities that you are presently building, in places that we asked the school not to build them. There needs to be a real good spirit of cooperation between both groups, and I think you hammered out a good agreement here, and I don't fully understand it but $27.70 per seat is a new deal and I hope that it does not come back to haunt us. It has lowered your impact fees by about $200,000." Dr. Gillum responded, "The only other statement that I think is important is that the funding for the stadium was approved by the voters in March 1999 and when the bond package was put together there was no history of the City of Southlake assessing impact fees on the District. Therefore, there are no funds budgeted to pay impact fees. It is up to the school district to pay the fees out of fund balance or to issue Certificates of Obligation, so that is what we would have to do. If you use C.O.'s, it would certainly affect the tax rate." C0uncilmcmber Greg Standeffer stated, "The City Council approved a $750,000 credit on tree mitigation on school projects that the school did not anticipate getting. We are coming up with $50-$60 thousand dollars impact fees and are giving three-quarters of a million dollars credit on tree mitigation. I want to work with the schools, and at the same time, I think a 12 or 15 to 1 benefit on the credits versus, the impact fees, certainly offsets Regular City Council Meeting Minutes of September 19, 2000 Page 3 of 20 any detriment because you didn't anticipate having that credit either. I hope that you see that as something that the City is trying to work with the schools on that issue." Mayor Stacy asked Dr. Gillum if he was happy with the way this has worked out and Dr. Gillum stated he really appreciated the city staff working with them through the negotiation process. Councilmember Rormie Kendall stated, "If the school district receives the letter from the City Manager or staff, you can believe that there is a consensus of Councilmembers that support that position." ,/ Council determined that Agenda Items #7-F [to table], #8-A, #10-B be added to the consent agenda. Work session ended at 6:35 p.m. REGULAR CITY COUNCIL MEETING Agenda Item #l-A, Call to Order Mayor Rick Stacy called the Regular City Council meeting to order at 6:40 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 the City Attorney; to deliberate regarding real property matters; to deliberate regarding real property matters; to deliberate regarding a prospective gift; to deliberate regarding personnel matters; to deliberate regarding security devices; and/or to deliberate regarding economic development negotiations. Council adjourned into executive session at 6:40 p.m. Council returned to open session at 7:30 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 The invocation was given by Chaplain of the Month Father Frank Reeves, St. Martin-In- The-Fields Church. Regular City Council Meeting Minutes of September 19, 2000 Page 4 of 20 Mayor Stacy asked everyone to join him in the Pledge of Allegiance to the flag. Agenda Item g4-A, Mayor's Report Thursday, September 21, Councilmembers DuPre, Standerfer and Shankland will be travelling to Austin for the TML State of the Cities Texas Symposium. ,/ Thursday, September 21 Metroport Partnership will be meeting at the Grapevine Convention Center beginning at 7:30 a.m. TxDOT Commissioner Robert Nichols will address the group. SYAC (Southlake Youth Action Commission) representatives will attend the Council meeting tonight. · / The new Old Navy store in Gateway Plaza has opened for business. Mayor Stacy asked the SYAC members to come forward, introduce themselves and tell the audience how long they have lived in Southlake and what school grade they were in. John Cassetta, Ashley Rachelle Head, Aaron Smith, Lisa Thomas and Cameron Baynard were present and spoke before the City Council. Mayor Stacy challenged the Council to play in-line hockey for adults. He stated he felt the Council should become a team. He asked Councilmembers willing to participate to contact Sandy LeGrand. Councilmember Patsy DuPre reported that the Grapevine High School, Grapevine City Council and the Grapevine School Board have challenged the Southlake City Council and Carroll ISD to a "Tailgate Tug-Of-War" at the Grapevine Mustang/Carroll Dragons football game held Friday, October 1, 2000. Participates should contact Sandy LeGrand. Agenda Item #4-B, City Manager's Report City Manager Billy Campbell stated the Texas Economic Development Council had chosen the City of Southlake as the runner-up for the 2000 Economic Development Award. Campbell said, "We feel very fortunate throughout the State of Texas to have been chosen for that award. Director of Economic Development Greg Last or Public Information Officer James Kunke will be in Houston to receive that plaque." City Manager Billy Campbell introduced the new director of public works Pedram Farahnak to the executive staff of the City of Southlake. Councilmember Patsy DuPre announced that the Drag and Alcohol Awareness Committee has been passing out "Everyone's Responsible" packets and during the October 24 meeting the group will have a featured speaker at Carroll High School. The Regular City Council Meeting Minutes of September 19, 2000 Page s of 20 speaker will talk on "What do you know about drugs?" and parents and everyone are invited and encouraged to attend. Councilmember Rex Potter informed the Council and audience that "Southlake Trail Improvement Day" will be held October 7, 7:30 a.m. at Bob Jones Park. Volunteers and staff will spend the day walking and working on picking up the trash along the trails. Councilmember Potter encouraged anyone interested in getting involved in this project to contact Sherry Berman or James Kunke. At the next City Council meeting Mr. Potter will present a program with a slide presentation. Them will be food, and everyone should have a good time on Trail Improvement Day. Councilmember Greg Standerfer congratulated school board members present on the CISD being designated as an "Exemplary" school district again this year. Agenda Item g4-C, SPIN Report The SPIN Report was presented by Mike Conrad, chairman of SPIN and representative of SPIN #14. Mr. Conrad reported on the Joint City Council/SPIN meeting held last week. The primary purpose of the meeting was to talk about Joint Use and the Library. SPIN also hosted two meetings during the past two weeks regarding the Parks, Recreation and Open Space Master Plan. Conrad stated they appreciated all the residents who came to those meetings. Agenda Item g4-D, Park Board Report Park Board member Mary Georgia, 2404 Taylor Street, Southlake, gave the Park Board Report. She noted at the last meeting the board considered allocation of the revenue from the Coca-Cola vending contract at Bicentennial Park. The board authorized buy-out of the prior contract in other expenditures but declined to allocate the majority of the first year revenue, requesting that it be held instead. They voted to fund an irrigation survey for Bicentennial Park. The irrigation system at the park has been pieced together over the years as the park grew and has become a continued source of complaints from the associations in Southlake. It has been a source of deteriorating fields and of safety conditions at the Park. Ms. Georgia commented, "The Park Board discussion centered on the fact that we do not know if we will have the money to fix the irrigation system with what has been held. The Park Board feels that the $3,000 to go ahead and complete the irrigation survey is well worth knowing what it will pay. The second item of discussion was for the Park Board to recommend consideration by the SPDC whether to fund transfer of city owned property around the Senior Center from its current status into park and recreation land. Usage of land is deed restricted for a period of 10 years from its time of purchase in 1996. The Board did vote against funding the transfer at this time primarily due to lack of funds in SPDC. However, the board did approve including the land in the revised master plan study for parks in Southlake, so that its use could be looked at and see how it fits in the long-term plans." Regular City Council Meeting Minutes of September 19, 2000 Page 6 of 20 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 September 15, 2000. 5-B. Award of bid to Tri-Dal, Ltd., for the construction of drainage improvements in the Chapel Downs and Mission Hills subdivision. 5-C. Resolution No. 00-85, Appointing members to a Charter Review Committee for the purpose of holding a Charter Amendment Election. 5-D. Award of bid to Reynolds Asphalt Corporation for repaving of Civic Place at Town Hall and approval of Change Order No. 6. Approval of an interlocal agreement with TRA Denton Creek Wastewater System and the cities of Fort Worth, Haslet, Keller, Roanoke and towns of Flower Mound and Westlake and Circle T MUD No. 1 and No. 3, agreeing to adopt a water conservation and emergency water demand management plan. 5-F. Award of bid to Southwest Solutions Group for mobile filing systems at Town Hall. 5-G. Authorization for City Manager to execute a service and maintenance agreement with IBM. 5-H. ZA 00-067, Plat Revision for Lot 3R, T.M. Hood No. 706 Addition, on Lots 3 & 4, T.M. Hood No. 706 Addition, being 5.89 acres. Resolution No. 00-89, (ZA 00-095), Specific Use Permit for outside trailer storage, garden cent~ storage and pallet storage as part of a retail operation (Wal- Mart). Tabling this item at the request of the applicant until October 3, 2000. Ordinance No. 480-350, 1st Reading (ZA 00-068), Rezoning and Revised Site Plan for Christian Men's Network on Lot 2R1, Block B, Ravenaux Village, involving 3.970 acres. 10-B. Reconsideration of the developer's agreement for CISD No. 6, stadium and transportation facility. Regular City Council Meeting Minutes of September 19, 2000 Page 7 or 20 Motion was made to approve the consent agenda as follows: Agenda Item #5-A, #5-B, #5-C with no date for the election; #5-D, #5-E, #5-F, #5-G, #5-H, #7-F, tabling to October 3, 2000 at the request of the applicant; #8-A, subject to the recommendation of the Planning and Zoning Commission; and, #10-B, as discussed in work session tonight with an impact fee of $18,900. Motion: Second: Ayes: Nays: Approved: DuPre Standerfer DuPre, Standerfer, Potter, Fawks, Kendall, Shankland, Stacy None 7-0 vote ADDITIONAL INFORMATION REGARDING CONSENT AGENDA ITEMS 5-A. Approval of the Minutes of the September 15, 2000 Regular City Council meeting. The minutes were approved as presented. Award of bid to Tri-Dal, Ltd., for the construction of drainage improvements in the Chapel Downs and Mission Hills subdivisions. A drainage charmel traverses through Chapel Downs and Mission Hill Estates. The channel has experienced severe erosion in places while in other areas sedimentation has occurred. Vegetation and foliage is growing rampant in the channel as well. The vegetation is not only a maintenance problem, but it impedes the flow of water. These improvements will include re-grading the channel and installing erosion protection along the channel. These improvements will drastically reduce the amount of maintenance required to keep the channel free of debris and unwanted vegetation. There were seven contractors bid this project. The low bidder was Tri- Dal Ltd., of Southlake, Texas, in the amount $513,813. This project was budgeted in the FY99-00 CIP budget. The budget appropriated $600,000 to construct this project. This project was estimated to include hydro mulching the disturbed areas following construction of the drainage improvement. The residents voiced concerns of the hydro mulch and prefer the disturbed areas to be block sodden. Since the budget did not include the areas to be sodden, the bid documents included an alternate bid item for the installation of sod in lieu of hydro mulch. Resolution No. 00-85, Appointing members to a Charter Review Committee for the purpose of holding a Charter Amendment Election. City Council members approved Resolution No. 00-85 appointing City Councilmembers to the Charter Review Committee, but setting no date for the election. Award of bid to Reynolds Asphalt Corporation for repaving of Civic Place at Town Hall and approval of Change Order No. 6. Civic Place, the street on the north side of Town Hall was constructed with the Phase 1 of Town Square. During the construction of Town Hall, the street was open cut to install storm sewer and sanitary sewer for Town Hall. It is necessary to mill off the old surface and repave the street prior to the opening of Town Hall. Paver crosswalks will also be installed with the repaving. Two bids were received. Reynolds Asphalt Regular City Council Meeting Minutes of September 19, 2000 Page 8 of 20 5-H. Corporation is the low bidder with a bid of $23,704. Because this work is not part of the base building contract, a Change Order is necessary. This Change Order is in the amount of $29,430. The Construction Manager had previously estimated a cost of $29,736. The amount of this Change Order is not part of the base building contract but is part of the site work budget. Approval of an interlocal agreement with TRA Denton Creek Wastewater System and the cities of Fort Worth, Haslet, Keller, Roanoke and towns of Flower Mound and Westlake and Circle T MUD No. 1 and No. 3, agreeing to adopt a water conservation and emergency water demand management plan. It has been determined that the Denton Creek Regional Wastewater System (DCRWS) plant needs to be expanded from 2.5 million gallons per day to 5.0 million gallons per day. The City of Southlake is a contracting party in the DCRWS. The DCRWS has applied for a low interest loan with the Texas Water Development Board for the expansion of the plant. To proceed further with the loan application, each contracting party of the DCRWS must agree to implement and enforce the minimum requirements of the DCRW'S Water Conservation Plan/Emergency Water Demand Management Plan. Entering into this agreement will not change the City of Southlake's operating procedures. Award of bid to Southwest Solutions Group for mobile filing systems as Town Hall. The budget allocation for these systems is $25,000. Staff recommends awarding to Southwest Solutions Proposal #2 with a bid of $19,644.21. Although Southwest Solutions did not submit the lowest bid, staff is recommending award to this company given that the lowest bidder did not meet specifications and the second lowest bidder "no bid" the alternates. Authorization for City Manager to execute a service and maintenance agreement with IBM. Throughout last year numerous improvements and additions were made to the city's data processing and networking infrastructure. The equipment purchased is now nearing the end of the first year's free warranty coverage. The three main items covered under this agreement (2) AS400's and (1) RISC 6000 cost the city in excess of $100,000 to purchase. This agreement includes 24X7 on- site maintenance, telephone support for minor issues, updates and alerts and a weekly report to staff on the performance and analysis of each device. Also covered in this agreement are a number of tape drives and high speed IBM printers as well as a Legacy AS400. The term of this agreement is for one year beginning October 1, 2000 and is for $18,479.68. These funds were budgeted in the FY 200-01 budget. ZA 00-067, Plat Revision for Lot 3R, T.M. Hood No. 706 Addition, on Lots 3 & 4, ZikL Hood No. 706 Addition, being 5.89 acres. Current zoning is "SF-1A" Single Family Residential District. The property is located on the west side of Shady Oaks Drive approximately 180' north of Tumberry Lane. Adjacent to the south and west are residential properties in Coventry Manor. To the north is unplatted property zoned "AG" Agricultural. Across Shady Oaks Lane to the east are Regular City Council Meeting Minutes of September 19, 2000 Page 9 of 20 residential properties zoned "SF-1A". This item was approved subject to the Plat Review Summary No. 3, dated September 1, 2000; and subject to the recommendation of the Planning and Zoning Commission. Resolution No. 00-89 (ZA 00-095), Specific Use Permit for outside trailer storage, garden center storage, and pallet storage as part of a retail operation for Wal- Mart, on Lot 2, Block 1, Farrar Addition and being 23.003 acres. This item was tabled to the October 3, 2000, City Council meeting at the request of the applicant. Ordinance No. 480-350, ist Reading (ZA 00-068) Rezoning and Revised Site Plan for Christian Men 'S Network on Lot 2R1, Block B, Ravenaux Village, involving 3.970 acres. Current zoning is "S-P-l" Detailed Site Plan District with a requested zoning of "S-P-1" Detailed Site Plan District with limited "CS" Community Service District uses to allow office, recording studio, chapel and training facility. This item was approved in 1st reading, subject to the recommendation made by the Planning and Zoning Commission. 10-A. Reconsideration of the developer's agreement for CISD NO. 6, stadium, and transportation facility. This item was approved, giving credit for the $189,000 to be spent on South Kimball Avenue. The roadway impact fee would then be $207,999 minus $189,000, which is $18,900. For additional information regarding this agenda item, see the work session minutes of this meeting. Agenda Item #6, Public Forum No comments were made during the public forum. Agenda Item #7-A. Ordinance No. 789, 2nd Reading and SECOND PUBLIC HEARING for Budget for Fiscal Year 2000-01. Director of Finance Sharen Elam stated this budget summarizes the plan of municipal operations for the fiscal year that begins October 1, 2000. The summary budget information presented reflects the changes included since the first reading of the budget, including $56,000 increase in miscellaneous revenue for the anticipated reimbursement from Tarrant County for water, sewer, electric and gas, as well as an adjustment of the executive pay raises down from 5% to 3% at midyear, a reduction of $16,309. The summary budget information also incorporates a Capital Projects Budget for FY 2000-01 year, plus anticipated Capital Projects tlu-ough 2005. The proposed budget maintains the current tax rate of $0.422 with total revenues of $34,827,075 and total expenditures of $34,858,229. Mayor Stacy stated, "I want to put it before the Council one more time. I feel a 5% raise for seventeen executive level people would not start until mid year. This does not amount to a lot of money, but I would think that it would sure make a lot of people happy." Regular City Council Meeting Minutes of September 19, 2000 Page 10 of 20 Councilmember Ronnie Kendall stated, "There are a lot of issues that need to be talked about tonight, and I would not let this particular item stop me from voting in favor of the budget, even though I am not crazy about it." PUBLIC HEARING: C.D. Peebles, 1604 Devon Court, Southlake. Mr. Peebles stated he did not wish to speak but was in support of funding the library at $339,000 and he was opposed to a referendum. ,,Inn Creighton, 705 Lakehurst Court, Southlake. Ms. Creighton did not wish to speak but was in support of funding the library now without a tax referendum. Julie Doyle, 109 Starling Court, Southlake. Ms. Doyle stated she did not wish to speak but was in support of opening the library soon. Sandra Oliver, 1515 Ravenaux Court, Southlake. Ms. Oliver stated she did not wish to speak but commented, "Please help us fund the Southlake Library without a tax referendum." Carolyn Morris, 403 St. Charles Court, Southlake. Ms. Morris stated, "As each of you reflect on the budget, think about our City and what we really need. I know that you are doing that and I appreciate that. We need a library and we want it there in Town Square. We need it in that building until we can get something better. It is what our children need. It makes us a city and a place we can all be proud of. This is something that we started, and a lot of people are very excited about it. I don't think we need to delay it, we need to go forward. We don't want to lose our stop in the Town Hall. Please take the step and vote for the budget that would include that." Cynda Mast, 2415 Taylor Street, Southlake. Ms. Mast stated she was opposed to a library referendum. Public hearing closed. Councilmember Ronnie Kendall stated, "Last time the City Manager and his staff presented some budgeted amounts to operate the library at 40 hours per week. That quickly turned to "when will the library open" to "if the library will open" which caught me by surprise. I want to address the issue of, "funding of the library, partial as it is, comes at the expense of DPS needs." This has been said in the newspaper and this is not true. Kendall stated, "About two months ago, the Director of Finance Sharen Elam approached the SPDC and asked for direction on the budget. [Mayor Stacy was not present for that meeting]. SPDC stands for the Southlake Park Development Corporation. The SPDC is a separate organization that determines how we spend the V2 cent sales tax for park uses. Elam wanted SPDC to pay $300,000 for maintenance park workers. This is a very unusual request because SPDC usually funds land acquisition and park development. We never fund operating expenses. During this meeting, the consensus was Regular City Council Meeting Minutes of September 19, 2000 Page 11 of 20 that we did not want to even go there." Ms. Kendall stated that the next day she called Ms. Elam and asked her why she asked that question. She was told that by not funding park maintenance workers, the city would be giving up their library, because the use of SPDC funds for maintenance workers would free up some funds so that we would be able to go forward with the library. By the next meeting, the tables were turned in SPDC and everyone was in favor of moving the funds to allow funding for the library. Ms. Kendall continued to explain how she spoke to the Fire Chief and Police Lieutenant and she was assured that the DPS services were not compromised by not funding the DPS requests at this time. She was assured that the DPS facility was not delayed by the funding in this year's budget. In fact, both the fire and police operating budgets have increased this year over last year. Ms. Kendall stated, "What I am trying to do, is to clarify for you that there is funding for the library to operate 40 hours per week and not at the expense of DPS." Councilmember Kendall stated, "I have been told by the City Manager that he plans to ask for a tax increase next year. I don't think this will come as a surprise to anybody in the city. Also, in January of 2001, we will have the Tarrant Appraisal District value of all the construction that is on the ground and for construction you don't yet see on the ground. Yes, we see some financial lulls, but the future is bright. Last year, several of us went to New York for a bond-rating trip and we walked away with wonderful bond ratings. I would like to take credit, but it was not because of staff or us, it was because they could see the bright future of Southlake. I think we are failing to see the SH 114 development. I would hate for Council to make a long term decision based on this year's budget but to look at the big picture." Kendall went on to describe what the city will have in the library in the new Town Hall and stated, "We need to go forward at this time because what it needs is patience from everyone and a chance for us to let it work." Councilmember Greg Standerfer stated, "With respect to funding, I go back to the proposed budget and its needs. We are not delaying the opening of the DPS facility. We are delaying the staffing at the facility. We are delaying the opening of the north DPS facility. We are not replacing 4 to 5 police cars and we are not purchasing a fire truck. We will be borrowing one from another station. I did not know we are accepting park maintenance workers on the SPDC budget to free up funds for other items including the library. I am not as much concerned about this year if SPDC will fund part of the library from this point forward. I have no problem with that. If the Councilmembers on the SPDC will come forward and commit to spending $400,000 to $500,000 per year for the library, I will not have a problem with this. The issues we talked about with the budget, I feel we are expending funds for the library at the expense of the DPS. Even if we say that the fire and police departments meet the national minimums, I am not sure that is good enough to meet the minimums. Not all of the money that we spend for fire and police comes from General Fund. We have the Crime Control and Prevention District funds for capital items but it cannot pay for operation of the department. The five firefighters and four DPS officers are over $1 million dollars a year that we are not funding directly out of the General Fund. Even though we are not delaying the capital items, we are delaying the operations. I would like to hear from the remainder of the SPDC members who are on the City Council, are we going to be willing to commit to fund a substantial part of the library budget, either by amending the by-laws or Articles of the SPDC to allow for Regular City Council Meeting Minutes of September 19, 2000 Page 12 of 20 specific library funding or continue to staffpark positions in order to free up funds for the library?" Councilmember Gary Fawks commented, "When Sharen brought that to us, we discussed it pretty extensively, and staffmade it pretty clear that this would be a two to three year commitment on the part of SPDC before it could be reabsorbed into the General Fund." Standerfer stated that the library would be a twenty or thirty year commitment. Councilmember Fawks stated, "Greg with all due respect regarding those unfunded needs, this is your first year and we get those lists every year and they are equally as weighty and equally as large. It is like every household budget, that there is never enough money to do everything. The fire engine is only a replacement and not the engine for the second station. We are only trying to move equipment closer to where it has to respond to. With that equipment goes the personnel to man the equipment. The funding for personnel that you talk about for this year is only for the training." Fawks continued, "My concern with tying a library to a referendum fi.om day one, is what if it fails? I think you are dooming a library if you go that route. I spoke with Lyn Hamby, Director of the Texas Regional Library System, and she stated the only time you go for a referendum when starting a library, is when you are going for the capital structure. We have got the funding for the structure. In all other places, the library has been absorbed into the General Fund and the operation grows as you can afford it. After talking with people I think that having a library is kind of like having kids -- if you wait until you can afford them -- you will never have them. You have to make a decision as to what your values are as a community and move forward. We have the funding identified by staff to get the ball rolling. The people in our community want to go out and get grants, to raise funds and get moving on the library. We have to open the doors to give the public [our volunteers and citizens] the opportunity to make it happen." Councilmember Fawks and Kendall concurred, "You cannot look at the unfunded needs list and say if we aren't doing this, we are not offering the security and safety of your citizens first." Mayor Stacy stated he agreed with most of what they were saying, but this was the first year in five that the City was not ordering some police cars. Council was told before that if the city doesn't buy some new cars, it would get to the point that the city would have to buy all new ones at one time. Mayor Stacy commented, "We may not be doing a disservice, but it is the first year we have not done this. The real question before Council is not, do we want a library, because we all want a library. The question is do we want to raise taxes right now? We have to choose, if we have $1 million dollars, do we want to buy police cars or do we want to buy books? We don't have that $1 million dollars; we will have to go borrow it. It is coming out of future TIF revenues. We don't have the revenue right now. We have to decide, is it something we need, or something we want? What has concerned me all along is, we started hearing from people that we don't want a starter library -- we want a world-class library. Southlake is full of world-class residents." He referenced comments he heard that if Southlake had to start small with the library, it was better than not starting at all. This comment also comes fi.om the chairman Regular City Council Meeting Minutes of September 19, 2000 Page 13 of 20 of the Library Board, Mafia Cameron, who was speaking from the board, that they would also rather start small than not start at all. Councilmember Keith Shankland stated, "We need to make it clear that we are not compromising safety or services to the citizens, for the library -- we need to make it clear." Councilmember Rex Potter stated, "I respect ever Councilmember's opinion, and I see their passions. I have a great deal of respect for everyone and I know that we are going to have differences of opinions. I am hopeful that we can leave here tonight and we move fo~vard and can go back to our seats and treat each other with dignity and respect. I don't disagree with comments that have been made tonight." Potter went on to explain the events that took place regarding the SPDC funding for the park maintenance employees, which spared up $232,000, stating, "You take the $80,000 dollars we are paying to the Grapevine library services and add the $59,401 -- that gives us $339,000. There is no public safety, there is no switching. The SPDC did not agree to fund park maintenance workers to help out the city with the budget, but to help raise funds for the library for one or two years. There was strong reservation from the SPDC to fund the maintenance employees, but it was accomplished because of the need to help fund the library." Mayor Stacy stated he disagreed with Mr. Potter's comments and felt the money was freed up to see if the $232,000 could help balance the budget. Councilmember Patsy DuPre stated, "Shana Yelverton gave us some information regarding the funding of park maintenance workers with SPDC funds. The Articles of Incorporation of the SPDC state 'the corporation shall have the authority to finance, develop, construct, maintain, and operate park and recreation facilities.' This might not be what I'm looking for, but I am of the understanding that it is perfectly within the jurisdiction of SPDC at any time and eventually was the plan to keep some maintenance people on for a unlimited time, because as we know, SPDC will be in existence for at least seventy years. It is not unreasonable to put the funding of park maintenance staff in SPDC." DuPre stated, "During the last City Council meeting, my main issue was fiscal responsibility. I mean to say that this is my main issue, and do not mean to say that it is less of an issue for anyone else on the Council. I was concerned that we are bringing forward an entirely new service that we have not yet found a way to pay for. You are asking for me to consider spending that money before I find a way to pay for the library. After getting a lot of information and doing some research, I now feel that I am opposed to having a referendum vote for a library. I think the things I have heard from councilmembers, the Library Board and other people in town are very valid. From things that I have heard, if it is a non-binding referendum and people think that we are only voting for taxes for a library -- forget about anything else -- because when next year the City Manager does bring us a tax increase which is higher than we have now just to cover the services we need in the budget." Councilmember Ronnie Kendall asked that Council go forward with other issues with the budget. She stated she was concerned about some of the unfunded requests of the Department of Public Safety, mainly the fire track and the storm warning system. The Regular City Council Meeting Minutes of September 19, 2000 Page 14 of 20 only thing they were asking Council to do was to fund the first year on a lease for the fire track. Fire Chief Ricky Black responded that the first year lease of the fire track is $69,000 per year on a ten-year lease. He responded that the storm warning system would be $61,000 per year on a seven-year lease. He also answered questions regarding the funding of police cars. It was noted that the city could fund three new police cars for $114,000. City Manager explained the long-range maintenance warranty the city has on their new cars. Another issue discussed by Councilmember Kendall was for the City Council to make a formal request of SPDC to fund the mowing contract for the parks, which would free up another $130,000 for unfunded needs. If SPDC funds the mowing contract this year the City could fund the first year on a fire track and also the storm warning system and police funds. Maintaining the fund balance of the General Fund and the SPDC funds were discussed. Mayor Stacy suggested the city not fund the storm warning alarm system at this time, but fund a new ambulance instead. Director of Finance Sharen Elam reminded the City Council that if the City goes below the required fund balance on SPDC or in the General Fund the City would not be able to maintain its bond ratings or sell certificates of obligation. Council adjourned into recess at 9:20 p.m. Council returned to open session at 9:40 p.m. A discussion was held regarding changing the SPDC bylaws to allow funding of the library. Councilmember Fawks stated he did not have a problem with this. Councilmember Potter stated he did not have a problem with funding library services with SPDC. Motion was made to approve Ordinance No. 789, 2mI Reading, as submitted by the City Manager with the following changes: That we include the cost of living raises for executive staff in amount of $24,000 (3%) to be given in April; that we include the amount of Teen Court expenses in the amount of $14,000; that we include the amount of $69,000 for the first year lease on a pumper fire track; and that we include the amount of $100,000 for three (3) police cars; with the reduction of maintenance for police cars by $20,000; and reduce the fund balance to 18.09%. Motion: Second: Ayes: Nays: Approved: Kendall Potter Kendall, Potter, Shankland, Fawks Standerfer, DuPre, Stacy 4-3 vote Councilmember DuPre commented she could not vote in favor of the budget with the method of funding for the library yet to be determined. Regular City Council Meeting Minutes of September 19, 2000 Page 15 of 20 Mayor Stacy commented he did not vote for the budget because he felt a 5% salary increase for executive staff was more appropriate. Councilmember Gary Fawks commented that with the cost of living raises being funded at mid-year, there was still an opportunity, as Council looks at the revenues prior to mid-year funding. Agenda Item #7-B, Ordinance No. 790, 2nd Reading, Tax Levy Ordinance Director of Finance Sharen Elam noted that the FY 2000-01 budget as submitted to the City Council proposed a tax rate of $.422 per $100 of a property's taxable value. Part of the tax rate, $.13242 per $100 pays for the retirement of debt that is due during the 2000- 01-budget year. The remainder of the tax rate, $.28958 per $100, is used to support the General Fund operations of the City. State law requires the City to adopt the tax rate in these two components. PUBLIC HEARING: No comments were made during the public heating. Motion was made to approve Ordinance No. 790, 2nd Reading as proposed. Motion: Second: Ayes: Nays: Approved: Fawks Kendall Fawks, Kendall, Shankland, Potter DuPre, Standerfer, Stacy 4-3 vote Agenda Item #7-C, Ordinance No. 788, 2nd Reading, Requiring a Permit to Operate an Alarm System Director of Public Safety Garland Wilson prepared Ordinance No. 788, 2nd Reading, requiring a permit to operate an alarm system and establishing a clause for denial, suspension, revocation of alarm permits, and providing for the term of the permit of one year. One of the greatest concerns of the Department of Public Safety is repeated response to false police (burglar), fire and EMS alarms. Law enforcement experts agree that security systems significantly reduce the probability of being robbed or burglarized and increase the probability of apprehensive and conviction when offenses are attempted at protected locations. This ordinance proposes a strategy of education, remediation and enforcement to decrease the number and frequency of false alarms. Recommended implemented measures are: Alarm user permit requirement -- $10 residential, $20 commercial A 10 to 15 minute timeout on outside audible An appeal process that provides for reinstatement of the alarm permit upon proof of effort to comply (subsequent false alarm will again revoke the permit) A policy of refusing to respond after 5 false alarms or billing for the response should DPS elect to respond An alarm tracking process Regular City Council Meeting Minutes of September 19, 2000 Page 16 of 20 o Meeting and educational classes with institutions and residences with chronic false alarms Of an estimated 6,957 homes in Southlake, the DPS conservatively estimated that 3,500 have working monitored alarms. The proposed fee would generate about $35,000 annually in addition to the fee proposed for businesses. PUBLIC HEARING: No comments were made during the public hearing. Motion was made to approve Ordinance No. 788, 2nd Reading, as approved in first reading. Motion: Second: myes~ Nays: Approved: Fawks Shankland Fawks, Shankland, DuPre, Standerfer, Potter, Kendall, Stacy None 7-0 vote Councilmember Patsy DuPre left the meeting at this time (10:45 p.m.) Agenda Item #7-D, Ordinance No. 791, 2nd Reading, Fee for Collection of Delinquent Taxes Director of Finance Sharen Elam stated that the City has a contract with the city attorney's office to collect delinquent ad valorem taxes pursuant to the authority granted in Section 6.30 of the Property Tax Code. The contract provided that the attorney receive a fee of 15% on all delinquent taxes collected. Texas Legislature provides the means for charging the cost of collection to the delinquent taxpayers. Staff feels that the expense of collecting delinquent taxes should be borne by the property owners who are delinquent in their payment. Tan'ant County Tax Collector requires cities to adopt an ordinance that provides for a penalty to be charged to the taxpayer. PUBLIC HEARING: No comments were made during the public hearing. Motion was made to approve Ordinance No. 791, 2na Reading, Fee for Collection of Delinquent Taxes. Motion: Second: Ayes: Nays: Approved: Standerfer Shankland Standerfer, Shankland, Potter, Kendall, Stacy None 5-0 vote (Fawks was out of the room and did not vote) Agenda Item #7-E, ZA 00-094, Site Plan for Lot 1, Block 1, and Lot 1, Block 2, Gateway Plaza, Phase II ZA 00-094, Site Plan for Lot 1, Block 1, and Lot 1, Block 2, Gateway Plaza, Phase II, on property described as portions of Tracts 1, 3, & 4, W. E. Mayfield's Subdivision, and Regular City Council Meeting Minutes of September 19, 2000 Page 17 of 20 being 21.2718 acres. Current zoning is "S-P-2" Generalized Site Plat District with "C-3" General Commercial District uses, including a gasoline service station and fires, batteries, and automobile accessories. Lot 1, Block 2, is located on the north side of East Southlake Boulevard, west of Nolen Drive, and south of the Costco site. Lot 1, Block 1 is located between East Southlake Boulevard and Highway 114 on the east side of Nolen Drive. Senior Planner Karen Gandy presented this case, noting that a variance was requested from Ordinance No. 480, Section 43.9.c. 1.c. requiring vertical and horizontal articulation on all facades visible from a corridor right-of-way. There were four non-compliant facades illustxated in the Site Plan Review Summary. The applicant provided a letter of justification addressing variance criteria of Ordinance No. 480, Section 43.9b.1 (b) and argument of fagade visibility. Terry Wilkinson, 751 East $outhlake Boulevard, $outhlake. Mr. Wilkinson stated they were requesting a 6' trail rather than an 8' trail because of the mature trees. They do want to move part of the trail into the bufferyards rather than take the trees out. However, he noted that they were willing to do an 8' trail if that was what the City Council wants. A discussion was held regarding them tying the two properties together on the west side of the addition. He noted that it would create a problem because of the different levels of the property. PUBLIC HEARING: No comments were made during the public hearing. Motion was made to approve ZA 00-094, Site Plan for Gateway Plaza, Phase II, subject to the Site Plan Review Summary dated September 13, 2000; and accepting the articulation as shown. Motion: Second: Ayes: Nays: Approved: Fawks Standerfer Fawks, Standerfer, Potter, Kendall, Shankland, Stacy None 6-0 vote Agenda Item #7-G, ZA 00-079, Site Plan for Cornerstone Plaza One ZA 00-079, Site Plan for Cornerstone Plaza One, on Lot 51t2, Thomas Easter No. 474 Addition, being 1.9489 acres. Current zoning is "S-P-2" Generalized Site Plan District with "C-2" Local Retail Commercial District and limited "I-1" Light Industrial District uses. Senior Planner Karen Gandy noted that this two-acre site is located at the southeast comer of Crooked Lane and East Southlake Boulevard. Adjacent to the south is the existing ShurGuard Storage Facility. To the east is an existing dry cleaners. Across Southlake Boulevard is Gateway Plaza. The Planning and Zoning Conunission approved this item (7-0) subject to the Site Plan Review Summary No. 3, dated September 1, 2000, and in Item #1, allowed a 10% (9 space) parking reduction. The following waiver was requested with this application: The provided parking of 88 spaces is two spaces short of Regular City Council Meeting Minutes of September 19, 2000 Page 18 of 20 the required 90 spaces. The applicant has submitted a justification letter requesting a 10% variance to the parking requirement and addressing criteria in Section 43.9.b. Lakewood Inc., applicant, Mark Matis, was present representing the developer. Mr. Matise stated he had no problem with the stub-out to the west as requested by Council. PUBLIC HEARING: No comments were made during the public hearing. Motion was made to approve ZA 00-079, Site Plan for Cornerstone Plaza One, subject to the Site Plan Review Summary No. 3, dated September 1, 2000; providing a cross access easement about mid-point of the westerly boundary of the tract and further giving the variance requested for 88 parking spaces instead of 90 parking spaces; and, acknowledging the required planting, [utilizing] the escrow fund, in front of ShurGuard the development to the south. Motion: Second: Ayes: Nays: Approved: Standerfer Potter Standerfer, Potter, Fawks, Kendall, Shankland, Stacy None 6-0 vote Agenda Item #7-H, ZA 00-092, Site Plan for Panorama Place, Phase 2 ZA 00-092, Site Plan for Panorama Place, Phase 2, on Lot 2, Block 1, Panorama Place, being 1.672 acres. Current zoning is "O-1" Office District. The property is on the west side of North Carroll Avenue approximately 350' south of Southcrest Court. Southlake Town Square is located across Carroll Avenue to the east. Adjacent to the south is Lot 3 of Panorama Place with an existing professional office. To the west is the SouthView residential subdivision zoned SF-20A. To the north is vacant Lot 3 of Panorama Place. On September 7, 2000, the Planning and Zoning Commission approved (7-0) subject to Site Plan Review Summary No. 2, dated September 1, 2000, and in Item #I, to allow the relocation of the bufferyard due to the driveway placement. Senior Planner Karen Gandy stated the following waiver was being requested with this application: Request to waive Section 42.3 which requires that bufferyards be located within and along the perimeter of a lot or boundary line. The applicant has submitted a letter of justification addressing variance criteria in Section 42.15. Will Edgington, 502 North Carroll Avenue, $outhlake. Mr. Edgington stated he was the owner of Panorama Place and explained the requested variance. PUBLIC HEARING: No comments were made during the public heating. Motion was made to approve ZA 00-092, Site Plan for Panorama Place, Phase 2, subject to the Site Plan Review Summary #2, dated September 1, 2000; allowing a variance on the bufferyards as permitted by the Planning and Zoning Commission; and further requiring the applicant to remove the two wall pack lights as indicated on the southwest Regular City Council Meeting Minutes of September 19, 2000 Page 19 of 20 and northwest comers of buildings "A" and "C"; and further, acknowledging the applicant's commitment that all other wall pack lights will be directed away from the residential homes. Motion: Second: Ayes: Nays: Approved: Fawks Kendall Fawks, Kendall, Shankland, Standerfer, Potter, Stacy None 6-0 vote Agenda Item gl0-A, Request for Variance to the Sign Ordinance No. 704-A~ for McDonald's located at 225 North Kimball Avenue Chief of Building Services Malcolm Jackson stated the applicant requested this item be tabled until the next City Council meeting. Motion was made to table the request for variance to the Sign Ordinance No. 704-A, for McDonald's, located at 225 North Kimball Avenue, to the next City Council meeting [October 3, 2000] as requested by the applicant. Motion: Second: Ayes: Nays: Approved: Standerfer Kendall Standerfer, Kendall, Shankland, Potter, Fawks, Staey None 6-0 vote (to table) Agenda Item #11-A, Discussion: Town Hall City Council Chambers Councilmember Rex Potter asked that this item be placed on the agenda in an effort to ask for assistance from the City Council on an issue regarding placement of a table in front of the Council table in the City Council Chambers of the new Town Hall. Potter presented the information to the Council and they concurred with his decision on the matter. Agenda Item #12, Adjournment Mayor Rick Stacy adjourned the Regular City Council meeting at 11:30 p.m. on September 19,2000. ~ ckS~ta~ ATTEST: S~a L. Le~d - = O~ ~ :> = Regular City Council Meeting Minutes of September 19, 2000 Page 20 of 20