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2000-11-07
REGULAR CITY COUNCIL MEETING 667 NORTH CARROLL AVENUE SOUTHLAKE, TEXAS NOVEMBER 7, 2000 MINUTES COUNCILMEMBERS PRESENT: Mayor Rick Stacy; Deputy Mayor Pro Tem Ronnie Kendall. Members: Patsy DuPre, Greg Standerfer, Rex Potter, and Keith Shankland. COUNCILMEMBER ABSENT: Mayor Pro Tem Gary Fawks 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 Plaiming Bruce Payne; Senior Planner Ken Baker; City Engineer Charlie Thomas; Assistant to the Director of Public Works Valerie Bradley; Director of Commtmity Service Kevin Hugman; Court Administrator Sean Leonard; Public Information Officer James Kunke; Interim Director of Public Safety Rick Black; Technical Services Manager Gary Gregg; City Attorney Wayne K. Olson; and, City Secretary Sandra L. LeGrand. WORK SESSION: Mayor Rick Stacy called the work session to order at 5:30 p.m. Councilmembers and staff discussed items on the agenda. The work session was audio and video tape-recorded for future reference. Copies are available by request from the City Secretary. Agenda Item #5-C, Approve purchase of systems furniture for Town Hall from KI International Questions were asked regarding the purchase of systems furniture and the amount of participation the City is receiving from Tarrant County on the Town Hall. Charlie Thomas responded that the County is participating by $8.2 million dollars. Agenda Item #5-H, Award of bM to CMPA, Inc. for construction of the west Department of Public Safety facility. Assistant City Manager Shana Yelverton responded to questions and noted the exact cost of the facility would be $3,375,500. Agenda Item #5-,I,, Award of bid for Town Hall window treatments. Charlie Thomas responded to questions regarding the window treatments and stated there would be 150 windows for a cost of $24,959. He said the completion date for the window treatments is December 18, 2000. Agenda Item #10-C, Request for variance to Sign Ordinance No. 704-A, for Pieter Andries Jewelry, 2525 East Southlake Boulevard. Mr. Mark Heresy was present representing Peter Andries and explained the request for a variance to the Sign Regular City Council Meeting Minutes of November 7, 2000 Page 1 of 26 Ordinance. Councilmembers Kendall and DuPre both stated they would like for Council to review the Sign Ordinance in the near future. Agenda Item #10-D, Resolution No. 00-103, Authorizing the participation of the City of Southlake in the action styled The City of Denton, Texas, vs. Texas Utilities Company and Lone Star Gas Company. Harriet Gibbons, manager with TXU, was present to answer questions of Council. Councilmember Ronnie Kendall stated, "We have a continuing relationship with TXU and they are the ones that have put us behind on our intersection improvements. If we are getting ready to get into a law suit with them, I would like to know how that will effect our future schedules." Kendall stated [to Harriett Gibbons], "I don't know if you are aware, but the relocation of utilities has caused a major delay in the reconstruction of the intersections of Peytonville Avenue and White Chapel Boulevard?" Ms. Gibbons responded, "I talked with a reporter and was told that there were so many utilities there that the coordination between three or four telephone companies as well as gas and electric, and I think a water line was involved, that the coordination was the problem and it was difficult to get it all done in the length of time that we had. I will be glad to check into that for Council." Ms. Kendall stated, "That is not what I was told t~om the person who handles the intersection improvements. We were actually told to look into our franchise agreement. I would like to have some kind of dialogue on this issue." Ms. Gibbons stated TXU was going to have a workshop with the city, and if the city could come up with some questions, there will be representatives there who could address those kind of issues. Ms. Kendall commented, "If we enter into a lawsuit with TXU, how will that affect our relationship?" Mayor Stacy stated it was a fair question, but the lawsuit should not affect the City's relationship with TXU. He then asked Ms. Gibbons if this issue would make our problems with the utility company worse? Ms. Gibbons stated it would not affect their relationship with the city. Regarding relocation requests, she said it would not affect the service. Regarding requests for information regarding billing, etc., it might make it slower to get information because it would be tied to a lawsuit. Ms. Gibbons reviewed the facts of the lawsuit for the City Council. [Outlined on Tape #1 Section 644] Councilmembers asked that the following items be included on the consent agenda: #5-A through #5-K; ~8-A through #8-G; #10-B, #10-C, and #10-E. The work session ended at 6:12 p.m. Councilmember Rex Potter arrived at 6:10 p.m. Regular City Council Meeting Minutes of November 7, 2000 Page 2 of 26 REGULAR CITY COUNCIL MEETING Agenda Item gl-A, Call To Order Mayor Rick Stacy called the Regular City Council meeting to order at 6:15 p.m. City Council meetings are video and audio tape-recorded for future reference and copies are available upon request from the City Secretary. Agenda Item #2-A, Executive Session Mayor Rick Stacy advised the audience that the City Council would be going into Executive Session pursuant to the Texas Government Code, Sections 551.071, 551.072, 551.073, 551.074, 551.086, to seek legal advice from the City Attorney; to deliberate regarding real property matters; to deliberate regarding a prospective gift; to deliberate regarding personnel matters; to deliberate regarding security devices; and/or to deliberate regarding economic development negotiations. Council adjourned into executive session at 6:15 p.m. Council returned to open session at 7:15 p.m. Agenda Item #2-B, Action Necessary/Executive Session Motion was made to authorize staff to pursue property rights-of-way for the Traffic Management Bond Program as discussed in executive session. Motion: Second: Ayes: Nays: Approved: Standerfer DuPre Standerfer, DuPre, Potter, Kendall, Shankland, and Stacy None 6-0 vote Agenda Item #3, Invocation An invocation was not given, however, members of Troop 336 Boys Scouts of America, led the Mayor, Council and audience in the Pledge of Allegiance to the Flag. Agenda Item O4-A, Mayor's Report Mayor Rick Stacy noted that Mayor Pro Tem Gary Fawks was out of the countvj on business therefore was not present for tonight's meeting. Mayor Stacy presented a proclamation on behalf of the City Council of the City of Southlake proclaiming Saturday, November 11, 2000 as Veterans Day, and urged all Southlake residents to "honor our veterans through appropriate public ceremonies and private prayers, and express the thanks of a grateful community to these City employees who have served and continue to serve." With the help of Public Information Officer James Kunke, the following city employees were honored as veterans: *Billy Campbell, Regular City Council Meeting Minutes of November 7, 2000 Page 3 of 26 *David Barnes, Raymond Blevins, Ben Brown, Andy Burt, Danny Cansler, Daniel Cardenas, Russell Daniels, Ralph Foster, Lorenzo Garza, Hershel Green, Jason Henninger, *Kevin Hugman, Mike Kenny, *James Kunke, Jeff Marler, Darrell Mayhew, David Milks, Brace Payne, Marline Price, Ricardo Salas, Michael Scamardo, Tim Stites, Eric Torrey, Quentin Watkins, Tyler Van Home, *Patrick Whitham, Ron Wyfick, and *Darwin Cheatham. [Names with an asterisk (*) were present for the meeting to receive a proclamation.] Mayor Stacy made the following announcements: SPIN #12, 13, 15, & 16 will meet to discuss Target Superstore on Wednesday, November 8 at 7:30 a.m. at Carroll High School. November 14, 10:30 a.m. the doors will open for the new "Kentucky-Taco-Hut" in front o f Lowe's Hardware store. ,/ Citywide SPiN meeting to discuss Target Superstore on Thursday, November 16 at 7:30 p.m. at Carroll High School. Monday, November 20, at 11:00 a.m., the ribbon-cutting ceremony for Lowe's Hardware Store. There will be no City Council meeting on November 21, 2000. City Offices will be closed for Thanksgiving Holidays on Thursday and Friday, November 23, and 24. December 4, 2000, Tarrant County Mayor's Christmas Dinner at Texas Motor Speedway. More information will follow. Joint City Council/SPIN Meeting is planned for December 12, 2000 at 7:30 p.m. at the Senior Activity Center. Agenda Item g4-B, City Manager's Report During the City Manager's Report, City Manager Billy Campbell asked Economic Development Director Greg Last to explain "Plan It Texas". Mr. Last explained that Southlake Town Square made the cover of the "Plan It Texas" brochure. "Plan It Texas" is an annual APA Conference, which was held in Dallas November 1-4. Last noted representatives from all over the state were present and he was proud that Southlake was on the cover along with City 0f Dallas for this event. It helped put Southlake on the map. City Manager Campbell stated he attended a great meeting today with the Mayor and CISD Superintendent Ted Gillum and school board president Rob Glover. He stated the four met to discuss issues between the city and school district, and that they plan to meet each month to go over issues in an effort to keep communications going. Regular City Council Meeting Minutes of November 7, 2000 Page 4 of 26 Agenda Item #4-C, SPIN Report The SP1N Report was presented by A1 Moran, SP1N #10. Mr. Morin stated this would be a busy month with over six meetings. He asked everyone to put those dates on there calendars. They set the date for a Citywide Recreation Center meeting to be held on November 20 at the Senior Activity Center. A SPIN meeting is being planned to address the Mission Hills subdivision's drainage issues. The date has not yet been determined. Mr. Morin commented on more Town Square openings for new buildings. Agenda Item #4-D, Library Board Report Library Board Vice-Chairman Marge Ziekle presented the report in place of Debbie Baynard who was ill and not able to attend the meeting. Ms. Zielke stated as reported the last time she came before Cotmcil, "Southlake has about 5,000 books at the Grapevine Library. Volunteers are in the process of removing these books from the shelves and boxing them for storage. Hopefully this process will be completed by the middle of December". Ms. Zielke reported that the Board will have a retreat in January to develop strategic planning for the library on a number of long-term, ongoing issues, such as: permanent location for the library; and various funding sources. In conjunction with this, the Library Board plans to have a meeting with FOSSEL and invites any City Council member who wishes to participate. The retreat will be held on January 18; however, no date has been set for the combined session. 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 on October 17, 2000. 5-B. Resolution No. 00-97, Amending Personnel Handbook to include Technical Use Policy and a Personnel File Policy. 5-C. Approve purchase of systems furniture for Town Hall from KI International. 5-D, Award of bid to Cooper & Stebbins for outside maintenance of public area in Southlake Town Square. 5-E. Authorize Amendment No. 4 to Cheatham & Associates for architectural and engineering services relating to additional improvements at Bob Jones Park. Regular City Council Meeting Minutes of November 7, 2000 Page 5 of 26 iO-B. Ordinance No. 794, 1st Reading, Abandonment and quitclaim of Tract A, Woodland Heights Addition, being a 35-foot wide tract of land. Authorize the Mayor to enter into a professional service contract with Baylor Worx to perform all pre-employment physicals, drug tests, and workers compensation claims. Award of bid to CMPA, Inc. for construction of the west Department of Public Safety (DPS) facility. Interim right-of-way agreement between the City of Southlake and TXU Communications. Award of bid for Town Hall window treatments. Resolution No. 00-104, Authorizing the purchase of certain rights-of-way needed for implementation of the Traffic Management Bond Program. ZA 00-101, Plat Revision of proposed Lots 7A & 7B, J.J. Freshour No. 521, Addition on property described as Lot 7, J.J. Freshour No. 521 Addition, being 3.41 acres. Resolution No. 00-100, Approving and authorizing publication of notice of intention to issue Tax & (Limited Pledge) Revenue Certificates of Obligation, Series 2000-C. Resolution No. 00-101, Approving and authorizing publication of notice of intention to issue Tax & WW and SS Surplus Revenue Certificates of Obligation, Series 2000-D. Resolution No. 00-102, Approving and authorizing publication of notice of intention to issue Tax and Tax Increment Revenue Certificates of Obligation, Series 2000-E (TIRZ #1). Ordinance No. 795, 1st Reading, An ordinance authorizing the issuance of Tax and (Limited Pledge) Revenue Certificates of Obligation, Series 2000-C. Ordinance No. 796, 1st Reading, An ordinance authorizing the issuance of Tax & WW & SS Surplus Revenue Certificates of Obligation, Series 2000-D. Ordinance No. 797, 1st Reading, An ordinance authorizing the issuance of Tax & Tax Increment Revenue Certificates of Obligation, Series 2000-E (TIRZ #1). Authorize the Mayor to enter into a Scope of Service Agreement with Metroport Meals of Wheels (MMOW) for 2001. Regular City Council Meeting Minutes of November 7, 2000 Page 6 of 26 10-C. Request for var/ance to Sign Ordinance No. 704-A, for Pieter Andries Jewelry, 2525 East Southlake Boulevard. 10-E. Authorize the City Manager to enter into an agreement with Incode for municipal court sofavare, hardware and maintenance. Motion was made to approve the consent agenda consisting off agenda items g5-A through g5-K; agenda items g8-A through g80G; and Items gl0-B, gl0-C, and gl0-E as presented. Motion: Second: Ayes: Nays: Approved: Standerfer DuPre Standerfer, DuPre, Kendall, Potter, Shankland, and Stacy None 6-0 vote ADDITIONAL INFORMATION REGARDING CONSENT AGENDA ITEMS 5-A. Approval of the minutes of the Regular City Council meeting held October 17, 2000. The minutes were approved with additions. Resolution No. 00-97, Amending Personnel Handbook to include Technical Use Policy and a Personnel File Policy. The Technical Use Policy sets forth standards for the use of technical systems in the City of Southlake facilities. The intent was to clarify the appropriate use of these systems and provide examples of uses that are acceptable and unacceptable. The rights, responsibilities and limitations specified in this policy apply to all regular and temporary employees, contract personnel, and volunteers who access or use the technology systems fimded by the City or are available through equipment owned by the City. The Personnel File Policy establishes a policy for handling employee personnel and medical files in accordance with state and federal law. This policy provides consistent procedures regarding the maintenance, access, viewing, storage, security and retention period for all records associated with the City of Southlake employees. Approve purchase of systems furniture for Town Hall from KI International. City Councilmember Potter and city staff have been working with Tarrant County representatives to select furniture for Town Hall. Most selections were made to give the building a traditional Town Hall look and feel. The furniture identified by this group would be acquired through four different methods: 0 Award of bid for furrftture not on the Tarrant County contract list; o Purchase of regular furniture (non-systems furniture) from the Tarrant County contract list; o Purchase of systems furniture from the Tarrant County contract list; and o Purchase of items that received "no-bids" from the furniture specifications described in items number 1 above. Regular City Council Meeting Minutes of November 7, 2000 Page 7 of 26 There are several areas in Town Hall that are open spaces designed for systems furniture (systems furniture is also call modular or cubical furniture). Staff and elected officials identified a line of systems furniture from the Tarrant County contract list that would meet the systems furnishings needs for Town Hail. The line is called Wireworks and is made by KI. This furniture will be mainly used in the staff level (non-executive/director staff) offices throughout the building and is what is referenced in item number three above. The following areas will receive this systems furniture: tax office, technical services, utility billing, court administration, constable's office, planning, public works, I.T. department and finance. The amount allocated in the Town Hall FF&E Budget for furniture was $580,000. Of this amount, $75,000 was reserved for systems furniture purchases. Staffrecommends purchasing systems furniture in the amount of $93,039.78 from KI, which is currently on the Tarrant County contract list. Award of bid to Cooper & Stebbins for outside maintenance of public area in Southlake Town Square. City Council approved awarding of bid to Cooper & Stebbins for landscape maintenance of Southlake Town Square public areas for a total contract amount of $23,500. The FY 2000-2001 Parks and Recreation Budget allocates $130,000 for contract mowing services. Authorization of the contract with Cooper & Stebbins for $23,500 leaves an unencumbered balance of $106,500 for other contracts. Authorize Amendment No. 4 to Cheatham & Associates for architectural and engineering services relating to additional improvements at Bob Jones Park. At their September 25, 2000 meeting, SPDC approved the FY 2000-01 Capital Improvements Plan that includes an additional $450,000 for improvements at Bob Jones Park. The added funding was intended to provide for design and construction of a second restroom facility to be located near the practice ball fields, a second well and well pump house for the proposed south ponds, water aeration features, and corresponding electhcal. Cheatham and Associates submitted a proposal to do the additional design and engineering at a cost of $30,000, approximately 7% based on a construction budget of $420,000. The bulk of the design fees, approximately $25,000, is for architectural fees relating to the restroom building and the pump house building. While the complete restroom/concession structure will be designed, it will be done in such a manner as to allow only the restroom portion to be constructed presently, with the second phase to be completed at a later date. The proposed improvements were not included as design elements under work performed by Cheatham and Associates in Amendment No. 3. Amendment No. 3 was structured based on a flat fee of 9.8% for engineering, design and surveying services as they related to the previously approved construction budget of $1,800,000 for fiscal year 2001. That amendment amount was $178,752. SPDC approved entering into Amendment No. 4 at their October 23, 2000 meeting. Amendment No. 4 is for design and engineering services in accordance with the existing agreement as reviewed and approved by the City Attorney. Regular City Council Meeting Minutes of November 7, 2000 Page 8 of 26 Ordinance No. 794, Ist Reading, Abandonment and quitclaim of Tract A, Woodland Heights Addition, being a 35-food wide tract of land. The Woodland Heights subdivision platted in 1982. At the time, the developer platted a tract of land, shown as Tract A on the plat, and conveyed the land to the City. Tract A was located between Lots 9 and 10, Block 1, and was 35-feet wide. The tract of land was planned to be used for access to the land immediately west of Woodland Heights subdivision owned by Thereon Ragan. The City was negotiating with Mr. Ragan to purchase a portion of his property to use for a site to construct an elevated water storage tank. Tract A is no longer any use to the City and would be better served if it was abandoned and quitclaimed to the adjoining landowner. Ms. Donna Halley, the owner of Lot 10 that adjoins Tract A, has mowed and maintained Tract A for twelve years. The city attorneys have recommended abandoning Tract A if the property serves no purpose to the City. Authorize the Mayor to enter into a professional service contract with BaylorWorx to perform all pre-employment physicals, drug tests, and workers compensation claims. Currently, the City of Southlake conducts a pre- employment physical and drug test on all new employees. However, for work- related injuries, there is not a designated treatment physician, therefore, the thoroughness of treatment is inconsistent and unreliable. Additionally, the City of Southlake has recently adopted a drag and alcohol testing policy that will also include random and post-accident drag and alcohol testing for all CDL drivers. For these reasons, the City needs to enter into a service contract with one provider that can provide pre-employment physicals, post-accident testing, and workers compensation treatment. Additionally, a provider is needed to administer the random drug and alcohol testing that is required by the city policy and federal regulations. BaylorWorx is conveniently located in Grapevine and can provide all of these services at one location. The cost associated with pre-employment, post accident, and random drug testing is already included in the departmental and human resources budgets. Award of bid to CMPA, Inc. for construction of the west Department of Public Safety (DPS)facility. A bid opening for the construction of the west DPS facility was held on October 10, 2000 at 2:30 p.m. in the City Council chambers. A total of eleven bids were received. The Crime Control and Prevention District Board approved funding for this construction on November 1, 2000. The apparent low bidder was CMPA, Inc. with a base bid of $3,194,000. The Capital Projects budget allocated $3,863,681 for the west facility; however, this number included $96,800 for FFE (furniture, fixtures and equipment) and audiovisual equipment. The 10w bid is therefore financially favorable to the District. Interim right-of-way agreement between the City of $outhlake and TXU Communications. With the passage of ll.B. 1777, city governments can no longer require a certified telecommunications provider to have a franchise or license with the city in order to construct or maintain facilities in the City's rights-of-way. Regular City Council Meeting Minutes of November 7, 2000 Page 9 of 26 TXU Communications has been certified by the Public Utilities Commission and therefore qualified under the new law. That means the only control the city can exercise over installation and maintenance of the fiber optic cables is through regulations governing the use of public rights-of-way. This is an interim agreement with TXU Communications because the City attorney is still revising a draft ordinance that would govern the use of public rights-of-way. TXU Communications would pay the City a quarterly public rights-of-way fee, calculated monthly and based on $1.18 per month for each residential access line, $2.70 per month for each non-residential access line, and $4.11 for each point-to- point access line. Award of bid for Town Hall window treatments. Town Hall has approximately 150 windows that provide a lot of light for the building. Even though the windows have double-pane glass for energy savings, the sunlight creates significant heat at the windows. Horizontal PVC wood-look blinds have been selected for the windows. The total cost of the window treatments is $24,959. and will be completed on December 18, 2000. Resolution No. 00-104, Authorizing the purchase of certain rights-of-way needed for implementation of the Traffic Management Bond Program. HNTB will determine the fair market value of the properties needed for necessary rights-of- way to be acquired for the Traffic Bond Management Program. The City's current purchase policy requires City Council to act upon each purchase contract that exceeds $15,000. The approval of this resolution will expedite the acquisition of right-of-way. The total cost of the acquisition of right-of-way for the Traffic Management Bond Program is estimated to be $3,950,000. The estimated cost of right-of-way acquisition for these two projects is $600,000. ZA 00-101, Plat Revision of proposed Lots 7A & 7B, J.J. Freshour No. 521 Addition on property described as Lot 7, d.d. Freshour No. 521 Addition, being 3.41 acres. Owner of the property is Lee Huntley. Applicants: David and Alicia LeBrun. The property is located on the north side of Johnson Road approximately 500' east of North Pearson Lane. Current zoning is "SF-1B" Single Family Residential District. On October 19, 2000, the Planning and Zoning Commission approved this item (6-0 vote) subject to the Plat Review Summary No. 2, dated October 13, 2000; approving the variance to Item #1 (all lots shall abut a street). Resolution No. 00-100, Approving and authorizing publication of notice of intention to issue Tax & (Limited Pledge) Revenue Certificates of Obligation Series 2000-C The City Secretary is hereby authorized and directed to cause notice to be published of the Council's intention to issue certificates of obligation during a meeting scheduled to begin at 7:00 p.m. on the 5th day of December, 2000, which certificates of obligation shall be issued in a principal amount not to exceed $4,570,000, for the purposes of paying contractual obligations to be for (a) the construction of public works, to wit: street improvements, professional services rendered in relation to such projects and the financing thereof. Regular City Council Meeting Minutes of November 7, 2000 Page 10 of 26 Resolution No. 00-101, Approving and authorizing publication of notice of intention to issue Tax & WW and SS Surplus Revenue Certificates of Obligation, Series 2000-D. The City Secretary is hereby authorized and directed to cause notice to be published of the Council's intention to issue certificates of obligation during a meeting scheduled to begin at 7:00 p.m. on the 5th day of December, 2000, which certificates of obligation shall be issued in a principal amount not to exceed $8,165,000 for the purposes of paying contractual obligations to be incurred for (a) the construction of public works, to wit: improvements and extensions to water and sewer facilities, including land and rights-of-way acquisition and utility line relocations, and (b) professional services rendered in relation to such projects and the financing thereof. Resolution No. 00-102, Approving and authorizing publication of notice of intention to issue Tax and Tax Increment Revenue Certificates of Obligation, Series 2000-E (TIRZ #1). The City Secretary is hereby authorized and directed to cause notice to be published of the Council's intention to issue certificates of obligation during a meeting scheduled to begin at 7:00 p.m. on the 5th day of December, 2000, which certificates of obligation shall be issued in a principal amount not to exceed $3,630,000 for the purpose of paying contractual obligations to be incurred for (a) the construction of public works in Reinvestment Zone Number One, to wit: acquiring, constructing and equipping a new city hall, including related site improvements and landscaping, and (b) professional services rendered in relation to such project and the financing thereof. Ordinance No. 795, Ist Reading, An ordinance authorizing the issuance of Tax & (Limited Pledge) Revenue Certificates of Obligation, Series 2000-G On October 17, 2000, the City Council approved the FY 2000-01 Capital Improvement Project Budget consisting of street and drainage projects totaling $4,417,169. The Certificates are issued by adoption of an ordinance with the 1st and 2nd readings scheduled for November 7th and December 5th. A public heating is scheduled for December 5th. Approval of the ordinance will set in motion the legal requirements to obtain funds for the capital improvement projects. After approval, the legal documents must be reviewed by the Texas Attorney General's Office. The City would receive funding early January. First reading of Ordinance No. 795 was approved authorizing the issuance of $4,570,000 of Tax & (Limited Pledge) Revenue Certificates of Obligation, Series 2000-C. Ordinance No. 796, ist Reading, An ordinance authorizing the issuance of Tax & WW & SS Surplus Revenue Certificates of Obligation, Series 2000-D. On October 17, 2000, the City Council approved the FY 2000-01 Capital Improvement Project Budget consisting of water and sewer capital improvement projects totaling $7,934,586. The certificates are issued by adoption of an ordinance with the 1st and 2nil readings scheduled for November 7th and December 5th. A public heating is scheduled for requirements to obtain funds for the capital improvement projects. After approval, the legal documents must be reviewed by the Texas Regular City Council Meeting Minutes of November 7, 2000 Page 11 of 26 IO-B. IO-C. Attorney General's Office. The City would receive funding early January. First Reading of Ordinance No. 796 authorizes the issuance of $8,165,000 of Tax & WW and SS Surplus Revenue Certificates of Obligation, series 2000-D. Ordinance No. 797, Ist Reading, An ordinance authorizing the issuance of Tax & Tax Increment Revenue Certificates of Obligation, Series 2000-E (TIRZ #1). On October 17, 2000, the City Council approved the FY 2000-01 Capital Improvement Project Budget consisting of the completion of Town Hall and other infrastructure improvements within the zone totaling $3,5000,000. The certificates are issued by adoption of an ordinance, with the first and second readings scheduled for November 7th and December 5th. A public heating is scheduled for December 5th. Approval of Ordinance No. 797 will set in motion the legal requirements to obtain funds for the capital improvement projects. After approval, the legal documents must be reviewed by the Texas Attorney General's Office. The City would receive funding in January. Approval of Ordinance No. 797, authorizes the issuance of $3,630,000 of Tax & Tax Increment Revenue Certificates of Obligation, Series 2000-E. Authorize the Mayor to enter into a Scope of Service Agreement with Metroport Meals on Wheels (MMOW) for 2001. The Metroport Tuesday Congregate Meal Program is currently one of two weekly meal programs at the Senior Activity Center. Seniors pay $2.50 for this meal or bring a dish and eat free. Participants are from Southlake and surrounding communities, with over half being Southlake residents. The meals are catered from various sources. City funding helps cover MIdOW staff, supplies, and administrative costs for the Tuesday program and supplements the home delivered meals. Metroport Meals On Wheels has provided information regarding their costs and services. This Scope of Services agreement is basically unchanged from the one approved for FY 1999-2000. MMOW Acting Executive Director Kelley Bradley reviewed the agreement and concurs with the scope of services. MMOW submitted a request for funding at the current level of $10,000. This agreement was approved by Council. Request for variance to Sign Ordinance No. 704-A, for Pieter Andries Jewelry, 2525 East Southlake Boulevard. Pieter Andries Jewelry is under construction at the subject address. Section 16-B of the Sign Ordinance required the sign text and graphic elements to be located a minimum of six inches from the outer limits of the sign structure. In this proposed sign, the letters project above the masonry structure. In the applicant's demonstration, it is stated that the signs at Dynamic Travel and Chic-Fil-A do not meet this code provision. Dynamic Travel was constructed prior to this requirement and has only a masonry base, which was in compliance at the time of its construction. The Chic Fil-A sign is an example of using a creative design to comply with the ordinance. The sign is made using a masonry product (stucco) as was used on the building. Council approved this request. Regular City Council Meeting Minutes of November 7, 2000 Page 12 of 26 10-E. Authorize the City Manager to enter into an agreement with Incode for municipal court software, hardware and maintenance. A total of five (5) court software vendors were compared for budgetary purposes. After review, staff recommended the City award this contract to Interactive Computer Designs, Inc (INCODE) for a cost of $54,308.40 to be paid out over five (5) years at an annual cost of $10,861.68 as well as pay a yearly Hardware/Software Maintenance Agreement cost of $6,439.00 for a yearly grand total cost of $17,300.68. Agenda Item 06, Public Forum Carroll Independent School District Superintendent Dr. Ted Gillum addressed the council and audience and gave a brief overview of the attendance rezoning districts for the school district. Dr. Gillum stated informational presentations have been made numerous times throughout the District in an effort to education the parents on the plans for the attendance rezoning. The informational packet presented by Dr. Gillum is hereby attached to the minutes of this meeting. Jeff Wang, 595 South Kimball Avenue, Southlake. Mr. Wang addressed the City Council commending them for their work on the CIP Budget. He stated he did have a question regarding the reasons that the City Council spent most of the money in the CIP Budget on South Kimball Avenue. He stated his family had a choice between quality of life and a life. He does not want his money spent on a school district that his children cannot even go to. Mr. Wang addressed another issue regarding the "no-truck" signs that are posted on South Kimball Avenue. He stated he felt if the City cannot enforce the no-truck signs, they should take the signs down! Agenda Item #7-A, Ordinance No. 480-349, 2nd Reading (ZA 00-056), Rezoning and Concept Plan for High Point Ordinance No. 480-349, 2nd 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 of land, fi.om "SF-1A" Single Family Residential District to "SF-20A" Single Family Residential District. Representative Kosse Maykus was present to address questions from Council. Mr. Maykus resides at 2604 North Carroll Avenue, Southlake and stated he was the developer of the property. PUBLIC HEARING: No comments were made during the public hearing. Motion was made to approve Ordinance No. 480-349, 2nd Reading (ZA 00-056); subject to the Concept Plan Review Summary No. 4, dated October 13, 2000; granting the variances made in the motion of the last meeting. [Allow setback variances as follows: Lot 1, Block 1, 20' along Shady Oaks; Lots 10 & 11, Block 1, 15' along east side adjacent to Edward Court; and Lot 2, Block 2, 30' along west side adjacent to Edward Court; accepting applicant's willingness to provide 4' sidewalk connecting Shady Oaks Regular City Council Meeting Minutes of November 7, 2000 Page 13 of 26 to Southridge Lakes through this development; and, accept brick/wrought iron fence and 50' drainage landscape easement along Shady Oaks.] Motion: Second: Ayes: Nays: Approved: Kendall Shankland Kendall, Shankland, DuPre, Standerfer, Potter, and Stacy None 6-0 vote Agenda Item #7-B, (ZA 00-093)~ Site Plan for St. Laurence Episcopal Church ZA 00-093, Site Plan for St. Laurence Episcopal Church on property described as Lot IR, Block A, St. Laurence Episcopal Church Addition, and being 5.574 acres. Current Zoning is "CS" Community Service District. Senior Planner Ken Baker presented ZA 00-093, noting the church is located at 519 North Kimball Avenue being on the east side of North Kimball Avenue approximately 1,000' north of State Highway 114. The site and proposed building additions are subject to "Residential Adjacency Standards" due to being within 400' of single family residential property to the north and the east. Mr. Baker noted that the Planning and Zoning Commission approved this case (6-0 vote) on October 19, 2000; subject to the Site Plan Review Summary No. 3, dated October 13, 2000; approving the articulation variance in Item #1 and the driveway variances in Item//2. Mike Peacock representative from the church's building committee, was present to address Council. Mr. Peacock noted they are expanding the facility because they have outgrown the current facility. PUBLIC HEARING: No comments were made during the public heating. Cotmcilmember Greg Standerfer referenced a letter the Mayor received on this date from DFW Airport Board, Sandra J. Lancaster, Senior Noise Compatibility Planner. A copy of the letter is hereby a part of the minutes of this meeting. Motion was made to approve ZA 00-093, subject to the Site Plan Review Summary No. 3 dated October 13, 2000; granting the variances granted by the Planning and Zoning Commission; that an avigation easement for the property be obtained by DFW International Airport Board and the cities of Dallas and Fort Worth, using language to be provided by DFW; and that the City require mandatory building shell noise reduction of 35 dB be incorporated into the building design, noted on the final building plans and verified during the building inspection process in accordance with the City's Zoning Ordinance No. 479. Motion: Second: Ayes: Nays: Approved: Standerfer DuPre Standerfer, DuPre, Potter, Kendall, Shankland, and Stacy None 6-0 vote Regular City Council Meeting Minutes of November 7, 2000 Page 14 of 26 Agenda Item #7-C, Resolution No. 00-98, (ZA 00-108), Specific Use Permit for 1244 Prospect Street (in Town Square) Resolution No. 00-98, (ZA 00-108), Specific Use Permit for the sale of alcoholic beverages for on-premises consumption per Zoning Ordinance No. 480, Section 45.1 (1) and Section 45.6 for 1244 Prospect Street, located in Southlake Town Square, on property described as a portion of Lot 1, Block 10, Southlake Town Square, Phase II. Current zoning is "S-P-l" Detailed Site Plan District with "C-3" General Commercial District uses including a U.S. Post Office and associated outside storage. Senior Planner Ken Baker presented this case noting that the Planning and Zoning Commission approved this use during their October 19, 2000 meeting (6-0 vote). Mr. Baker commented that due to the limited scope of this request and the fact that no changes were to be made to the previously approved concept/site plan, no new review letter was generated. This site is subject to all conditions of the previously approved plans. Councilmember Keith Shankland stated he would like to begin putting restrictions on the SUP's for alcoholic beverages. Sheila Cross, representative from Badger Investments. Ms. Cross stated the restaurant would be comfortable, casual dining, serving specialty coffee drinks. She stated she would have no problem if this SUP were tied to the restaurant or tied to a ten-year time frame. PUBLIC HEARING: No comments were made during the public heating. Motion was made to approve Resolution No. 00-98 (ZA 00-108); subject to the SUP being tied to Sandella's Caf6. Motion: Second: Ayes: Nays: Approved: DuPre Kendall DuPre, Kendall, Shankland, Standerfer, Potter, and Stacy None 6-0 vote Agenda Item #7-D, Resolution No. 00-99 (ZA 00-113) Specific Use Permit for special events associated with the grand opening of the Civic Plaza building Resolution No. 00-99 (ZA 00-113), Specific Use Permit for special events associated with the grand opening of the Civic Place building on a portion of the property described as Southlake Town Square, Phase 1. The street festival is sponsored by Southlake Town Square and will be held on November 11, 2000; from 6:00 p.m. to 10:00 p.m. using the street, Civic Place. Current Zoning "NR-PUD) Non-Residential Planned Unit Development to include "C-3" General Commercial District uses. Regular City Council Meeting Minutes of November 7, 2000 Page 15 of 26 Senior Planner Ken Baker presented this case, noting the Planning and Zoning Commission approved ZA 00-113, 6-0 vote, with the hours of operation from 6:00 p.m. to 10:00 p.m. Due to the limited scope of this request and the fact that no changes were made to the previously approved site plan, no new review letter was generated. This site is subject to all conditions of the previously approved plans. PUBLIC HEARING: No conunents were made during the public heating. Nancy Harman, Vice President of Management for Southlake Town Square. Ms. Harman was present to answer questions from Council. Motion was made to approve ZA 00-113, Resolution No. 00-99, for the special events associated with the grand opening of Civic Place, with hours from 6:00 p.m. to 10:00 p.m. on November 18, 2000. Motion: Second: Ayes: Nays: Approved: DuPre Kendall DuPre, Kendall, Shankland, Standerfer, Potter, and Stacy None 6-0 vote Agenda Item #7-E Ordinance No. 762, 2na Reading, Amending the Code of Ordinances of the City by adopting the 1997 Edition of the Uniform Fire Coder Volumes 1, and 2; Repealing Ordinance No. 572. Interim Director of Public Safety Rick Black presented Ordinance No. 762, 2nd Reading, Amending the Code of Ordinances for the City of Southlake, Texas, by adopting the 1997 Edition of the Uniform Fire Code, Volumes 1 and 2; Repealing Ordinance No. 572. Director Black stated the City of Southlake currently operates under the 1991 Edition of the Uniform Fire Code. Staff continues to research the newly released 2000 International Edition and recommends the adoption of the 1997 Edition, since the 2000 International Edition includes restrictions that staff has not witnessed validity of yet. The adoption of the 1997 Edition will also align the Fire Code with the current 1997 Building, Mechanical, and Electrical Code already adopted. Mr. Black outlined the highlights of the 1997 Edition in contrast to the 1991 Edition: Improve language to become more specific with city expectations. Improves the high-piled combustible storage requirement Amendment includes the requirement for residential sprinkler installation in houses 6,000 square feet or greater. Cities that have adopted the 1997 UFC, including the requirement for residential sprinkling, includes Allen, Keller, Plano, and Trophy-Club/Westlake. Currently commercial buildings are held to a 6,000 square feet requirement for purposes of sprinkling and staff recommends the same for residences of this size or greater. He noted that the requirements' primary focus is for the protection of occupants of a home, including children and elderly. Regular City Council Meeting Minutes of November 7, 2000 Page 16 of 26 A discussion was held regarding the requirement to retrofit an existing home. It was made clear that the only time a standing home would need to be sprinkled is if the existing home would be enlarged to over 6,000 sq.ft. Councilmembers feel more information is needed regarding the ordinance. Mr. Black was asked to look into some of the concerns of those in the audience as well as Councilmembers and present the information at the next City Council meeting. Mayor Stacy stated he wanted to go on record as saying he did not think he would ever build a six thousand square.foot home again, but if he did, he felt it should be sprinkled. He stated he felt this was a good ordinance. Motion was made to table Ordinance No. 762, 2nd Reading, until the December 5 City Council meeting, continuing the public hearing at that time. Motion: Second: Ayes: Nays: Approved: Kendall Shankland Kendall, Shankland, DuPre, Standerfer, Potter, and Stacy None 6-0 vote to table, continuing the public hearing to December 5, 2000. Council adjourned to recess at 8:30 p.m. Council returned to open session at 8:35 p.m. Agenda Item #7-F, Resolution No. 00-96, Amendment to the currently adopted Master Thoroughfare Plan, regarding the addition of a collector road between White Chapel Blvd. and Peytonville Avenue Resolution No. 00-96, Amendment to the currently adopted Master Thoroughfare Plan, regarding the addition of a collector road between White Chapel Boulevard and Peytonville Avenue. Senior Planner Ken Baker explained the purpose of the Master Thoroughfare Plan and stated that it is used by the City as a tool to plan for future roadway improvements to ensure the development of the most appropriate and efficient system to meet existing and future travel needs of the City as a whole. Amending the MTP to show a desired new thoroughfare accomplished at least four important objectives: It serves as an advanced notice to property developers and the Carroll ISD that there is a need to accommodate the new thoroughfare in their plans prior to the development of the property; It serves as an advanced notice to surrounding property owners of possible changes to circulation patterns in the subject area; It provides a basis for the City to have property owners dedicate or reserve necessary fight-of-way for future construction; and Regular City Council Meeting Minutes of November 7, 2000 Page 17 of 26 Allows possible future roadway projects to be funded through Traffic Impact Fees. Mr. Baker stated action requested tonight by the City Council is to amend the currently adopted (March 4, 1997) Master Thoroughfare Plan (MTP) to indicate the general alignment of an undivided collector (C2U) with 64' of right-of-way and a center turn lane located between White Chapel Boulevard and Shady Oaks Drive on undeveloped properties located south of the Coventry subdivision between Peytonville Avenue and Shady Oaks Drive. Also, to make a recommendation to amend the language in the MTP to state the following: "The (C2U) east-west collector road indicated on the Thoroughfare Plan map located between White Chapel Boulevard and North Peytonville Avenue and north of F.M. 1709 and south of State Highway 114, is intended to only show a general alignment. The precise alignment of this collector road will ultimately be based on development conditions prior to construction. Also, this collector road will accommodate a center turn lane." PUBLIC HEARING: Steve Gregg, 1353 Cross Timber Drive, Southlake. Mr. Gregg indicated he is opposed to the plan. Ken Trumpfeller, 1793 Kingswood Drive, Southlake. Mr. Trumpfeller stated the City said they were going to have SPIN meetings and more discussions to get the public input on this issue. He stated, "We still have time and need to brainstorm on this issue prior to a vote being taken by the City Council." Mayor Stacy stated, "The point that is being made here -- that has been talked about for along time -- the problem, or challenge, however you want to look at it - -- is not going to go away. I think everyone knows that the current roads will not accommodate the new schools. I think the intent here is to say we are going to recognize that there is going to be a road. There is no line, but we know that someday there will be road going through there." James Hoglund, 108 Killdeer Court, Southlake. Mr. Hoglund stated "Fortunately, Dr. Gillum was here to speak to us tonight and he identified the N-3 schools opening in 2007- 2008. What we are worried about is releaving traffic through Coventry Manor, and then the road would have to be built before that." Mr. Hoglund referenced the speed humps that were put in the Coventry addition. "I would agree that if the schools are built on Peytonville where they said they were going to built, we have got to have a road." He stated he wants the construction of this roadway being tied to a school to be built. But if something happens that a school is not built in that location, then he would not want to see a road built in that location. "Roads are not cheap." Bill Runyan, 979 Shady Oak, Southlake. Mr. Runyan stated his property is right on the line on the map and that disturbs him. He stated the bottom line is Coventry [subdivision] Regular City Council Meeting Minutes of November 7, 2000 Page 18 of 26 is trying to get rid of the traffic. He asked for 100' buffer if the City puts in the road. He also asked about the committee that was supposed to be formed to work on this issue. Mayor Stacy stated when Durham schools were built; he campaigned hard to get some kind of a road connecting the school on Shady Oaks with the school on North White Chapel Boulevard. He stated he still believes that there are parents taking kids to both of those schools. Mayor Stacy said connecting both schools might be the first thing that the Council tries to do. Councilmember Patsy DuPre commented, "Tonight we are not designating any exact roadway. I want the people to understand that the purpose tonight is to show the people that eventually there will be a connecting east-west roadway between Peytonville and Shady Oaks Drive." Virgil Swirczynski, 910 Shady Oaks Drive, Southlake. Mr. Swirczynski stated his main concern was property devaluation, stating that every time a line is put on a map it affects his property value. His second concern was that several months ago when this item was tabled at a council meeting, there was to be a committee formed to help resolve these issues. Mr. Swirezynski said he wanted to be placed on that committee because he was one of the few people who are affected by the proposed roadway. To date, he has not heard of the committee and yet this item is before Council once again. Councilmember Ronnie Kendall stated, "This item is on the agenda because I got phone calls from School Board members ... they are desperate. I asked to have this item put back on the agenda." Betty Runyan, 97 Shady Oaks Drive, Southlake. Ms. Runyan stated, "I do not want this line on this map at all. I understand why it is there. Like the gentlemen said, when you see a line on a map it is hard to get the line off. That is too close to our property." Ms. Runyan referenced the drainage ditch next to her property that something will have to be done with. Director of Planning Bruce Payne stated, "I did not know about a committee until this evening. I do have some history on this, and I talked to a number of people about this and I do know that there has been a lot of public input on this issue. I took time to read the record and found out the issues that are involved. There are two reasons: 1) the schools are seriously looking at this site to develop a new middle school, and 2) we heard rumblings and knew that the Clow property was going to sell and we knew it was most likely to be developed. Without any sort of indication on the Thoroughfare Plan that a collector was going to be there, we could not require a potential developer to reserve that right-of-way. I spoke with former Planner Chris Carpenter about this and he indicated that it came down to two issues: one was a broad policy issue of whether or not a collector street should exist between Peytonville Avenue and Shady Oaks Drive; and the second issues was where this alignment should be. In planning for a future roadway, we don't need to concern ourselves about where the aligrunent will be, but whether or not there is a reasonable indication that a road will be put in. The plan can be in any action Regular City Council Meeting Minutes of November 7, 2000 Page 19 of 26 that informs a person in advance that that type of facility will be expected when the property is developed." Michael Cavert, 1335 Woodbrook Lane, Southlake. Mr. Cavert stated he had hoped that Mr. Payne would address the issue of the committee. The idea was to have a committee to look at the issue and come up with a solution. He stated he did not think it was a school problem, but a traffic problem. Mr. Cavert thinks the confusion was that this was the first time that everybody was seeing this line drawn on the map. He said he did not feel this was appropriate. He stated that people are going to find the fastest route when traveling to and from. Mr. Cavert referenced the Lee Engineering Traffic Study. Jackie Phillips, 1334 Woodbrook, Southlake. Ms. Phillips shed light on the committee meeting issue. Ms. Phillips was present for a meeting on July 27, 2000 with Chris Carpenter and representatives from Coventry Manor, Cross Timber Hills, Southridge Lakes and one person from Myers Meadows. Ms. Phillips stated that the comment at that time was that staff was going to go back and research to find the answers to the questions posed at that meeting. She stated the consensus from that meeting was that this issue was not going anywhere until all the people involved were informed and satisfied with the answers to their questions. She said that was the last time they met. She commented her opinion was that the committee issue fell through the cracks since there had been a transition of City staff. Councilmember Ronnie Kendall responded, "Lets go back to our February Council meeting. At that time we had a lot of people here that gave their input and we have some people here tonight that were not here then. At that time there was a consensus that there was a need for this road. The purpose of the committee was not to decide do we need the road? The purpose of the committee was to help decide where the road should go. That is where we were breaking down in our discussions. We had three different options that night. There were pro's and con's in each option. So Council said, lets form a committee to decide where this road should go. The reason that this has been brought back, even though there has not been a decision of the committee, is that we are not saying where the road should go, but we are saying we need a road. Tonight we are not determining where the road will go, so we did not need a committee to tell us. That is not to say that you all do not have valid concerns or that your questions to Chris don't need to be answered. But, the purpose of the committee, if you will go back and look at the February meeting, was to decide where the road should go. Tonight we are not here to determine where the road should go." Ms. Phillips stated, "The Cross Timber Hills residents would like for Council to table this issue tonight and give them a chance to get their questions answered by the new planning staff." Councilmember Patsy DuPre addresse Ms. Phillips stating, "Jackie, you and I have talked many times about this and I have to echo what Ronnie says. A lot of the issues regarding this amendment -- and when we talked about this at the last Regular City Council Meeting Minutes of November 7, 2000 Page 20 of 26 meeting -- a lot of the issues at that time have to do with the actual aligmnent of the road. From everything that our Planning Director has told us, this is not an issue that we are even going to look at today. Personally, I feel if we wait too long and something comes along on the Clow property and we don't have some kind of amendment to the Master Thoroughfare Plan in words, saying that we need an east-west access, we are going to be out of luck for taking care of traffic of what gets developed there. We will never reach a consensus on this." Ms. DuPre listed the developments and school district who would like for a decision to be reached on this issue. "This is one of those tough decisions that the seven of us need to determine, but this should not delay the issue at hand." Frank Bliss, 1362 Lakeview Drive, Southlake. Mr. Bliss spoke regarding the proposed alignment to Woodbrook Lane in Cross Timber Hills. He was opposed to Council voting on that resolution at this meeting. The following citizens filled out cards opposing this action tonight, but did not wish to speak: ,~L. Clow, 820 Shady Oaks Drive, Southlake. Andrea Brankin, 139 Jellico Circle, Southlake. Mark Miller, 1328 Woodbrook Lane, Southlake. Charmaine and Wade Woods, 1381 Woodbrook Lane, Southlake. Gregory Wilkes, 1336 Woodbrook Court, Southlake Gregory Wilkes, 1336 Woodbrook Court, Southlake Meda Payne, 1337 Ten Bar Trail, Southlake Gracie Thoennes, 119 Jellico, Southlake Virginia Clow, 820 Shady Oaks Drive, Southlake Paul Payne 1337 Ten Bar Trail, Southlake Matt Tuggey, 1361 Cross Timber, Southlake Paul Thoennes, 119 Jellico, Southlake Cheryl D. Hein, 1338 Woodbrook Court, Southlake Shirley A. Wilkes, 1336 Woodbrook Court, Southlake Ross Martin III, 1347 Woodbrook Court, Southlake. Kathy Peipert, 1340 Woodbrook Court, Southlake. Mark Miller, 1328 WoodbrookLane, Southlake. Mr. Miller stated he preferred to have no road. He said he agreed with Coventry Manor, that they have a problem. He agrees with Frank Bliss and asked the City Council to table action on this item and make a determination to mitigate traffic flow in the resolution prior to approval. Steve Lakin, 400 Donley Court, Southlake. Mr. Lakin stated he was president of the Southridge Lakes Homeowners Association. Mr. Lakin said, "On behalf of 382 homeowners, we need to set the record straight. Back in the February meeting there was not one person present who was in favor of the road. The people in Southridge Lakes are not in favor of the road. The study never included Southridge Lakes. Their problem goes beyond Coventry Manor and it goes beyond any other neighborhood in Southlake. To Regular City Council Meeting Minutes of November 7, 2000 Page 21 of 26 open this road will make their problem even worse. We don't need any more traffic. We don't need the road. What we are doing here is pitting four neighbors against each other and that is not the neighborly thing to do." Mr. Lakin stated what he felt the council should do is to bring the four neighborhoods together, figure out a plan, and implement the plan. He did not want to see "plans" slide in because someone called someone else. He did not feel it was appropriate to put this on the agenda again and get the community upset again. Mr. Lakin stated their proposal was to have a proper traffic study done once F.M. 1709 was complete, once the intersections on F.M. 1709 were complete, and once the traffic flows were determined. Get the neighborhoods together to work out the issues and then bring it back to the City Council. Kathy Pieper, 1340 Woodbrook Court, $outhlake. Ms. Pieper stated she wanted to echo the comments Council had already heard by saying "Lets not duplicate the problems in Cross Timber Hills that we have in Coventry Manor." C.D. Peebles, 1604 Devon Court, $outhlake. Mr. Peebles stated there was only one east- west access road between Dove and F.M. 1709 and that was through Coventry Manor. He said that happened through a series of mishaps at the City level. He stated he felt it would be inappropriate to make the same mistakes again. Mr. Peebles commented, "This is the last chance that the city has to have another east-west access between Peytonville and Shady Oaks Drive. Council cannot squander their last chance. The graphic presented by the City showed three schools and there will be four schools. This road needs to be a school board issue. Council should not make the mistake of failing to recognize this. Peebles stated staff has gone out of their way to make sure this connection shows general alignment only. Council is at a crossroads and must make a decision. After they have approved this resolution, Council can have however many meetings it takes to get the location of the road in the best place." Public heating closed. Councilmember Patsy DuPre stated, "I know that there is not a resolution that will make everybody happy. I wish I could say there was. This is one of those difficult times that we were elected to take on. And we are not always going to make popular decisions. I do want those communities near the east-west of this area [to provide input about the road location] and when and if we do have to make a decision on where the road goes, we will have their input." Councilmember Rex Potter stated, "We are back to where we were and when this was on the agenda the last time I was pushing to have something put on the map. It didn't matter where it was exactly, but we needed it to be put on the map. I believe that the staff had drawn on three different lots, and basically if any one of those lots gets developed, we are going to have a chance to determine where that road will be. We know there are things that are not going to happen, like on the Runyan's property, and where the soccer fields are and on Woodbrook -- we are going to have a school there. I am like Patsy, I think we have to put something on the map. I think if we just say in general words that there will be a road there, we better say all the lots in that area are susceptible to having a road Regular City Council Meeting Minutes of November 7, 2000 Page 22 of 26 come through it. I don't want to put this offany more because we need to identify that an east-west road may be built between Peytonville Avenue and Shady Oaks Drive. We need to have something on the record. I am sorry and I wish I could agree with the citizens present tonight, but we need to have a plan. If we don't, the City will have to buy it." Councilmember Ronnie Kendall stated, I agree with both Rex and Patsy. I spoke extensively when this issue was on the agenda in February. I disagree with you all with the potential impact that this is going to have to Cross Timbers. I don't think it is going to have the same impact that you think it will have or that it has in Coventry. Coventry is not the only reason that I am doing this. I don't think tonight we are ready or have enough information to address the specifics of the location of the road. I think even if we did, it wouldn't make a difference, because when a developer comes through with his plans, we are going to be changing the road anyway, depending on that development. So, I support the need for the road, and I don't know, maybe it is a legal question, how to best show it on the Master Thoroughfare Plan so that no one looks at it and it takes away value of certain property." Director of Plarming Bruce Payne stated, "Again, it is like I mentioned before, this is not interpreted to be anything but a general line. The language that goes with it indicates that very clearly. The only thing the Council will do is establish a policy that you all desire a connection between Peytonville Avenue and Shady Oaks Drive [those two arterials]. At that point a developer will come in and come up with their ideas and we will work that out between our rules. The only thing that is solid is that there will be a requirement that an east-west roadway will be put in place." Mayor Rick Stacy stated, "You know that roads are near and dear to my heart and I recognize that traffic is our greatest challenge. I still have a hard time and the reason is the Council was not strong enough when the area was developed. The people said "no roads" and the past Council took the road off the plan. We stood up here and argued and argued with the school district, trying to get a road between Durham schools and the new junior high school. And we can't even force that through. So why do we want to punish these people by putting a road on the map? I would say the odds are very great that even if we put a dot on the map, the road will never be built. I don't think the road will be built in my lifetime, I really don't. We have all these people concerned about it, but I don't think it will be built. I don't think it is necessary to be here on November 7, with these people talking about this road. I would love to see us go after the school trying to get a road built between the existing schools, and maybe if we can do that, we can work on other roads. I don't think this road is going to happen, and I don't think we should put it on the map right now because I don't know how to put it on a map without a line, and I don't think we can agree to a line." Councilmember Keith Shankland commented, "It has been said more than once tonight that we follow the schools around building roads, and that is true. Unfortunately, we are going to spend every penny we have on roads on South Kimball and near the new stadium. We represent four school districts in the City, but because of that, we can't fill Regular City Council Meeting Minutes of November 7, 2000 Page 23 of 26 the potholes in some of these neighborhoods because we are following Carroll ISD around. Here we go again, following the school around. The truth is, I don't know if the road will ever be built either. Tonight, and I have been listening very hard; we aren't here to pick a location for a road, even if we decide it should go there. The fact is, if this land in the future is developed and we don't have something down there on paper, the city cannot make the developer build the road. The City is not in the road building business. We don't have the money to build roads. If we have to do this in this case, we cannot afford to do this. It puts us all in a difficult position and I know I didn't nm for election because it would be easy all the time. What I think is best for the city and the people who live in the city and pay taxes, is for something to be put on the map and when a developer comes along, we can make him build the road with homes and a subdivision, and the taxpayers money will not go for building the road. If you follow what Council has been talking about for the last few months, we have been following the school district around building their roads." Councilmember Greg Standerfer stated, "I have the same comments that many have and that is, a little earlier, I was trying to figure out if we are opposed to a road at all, or opposed to the particular alignment, or opposed to four lane versus two lane. We have got to have another east-west roadway somewhere. We are not picking that tonight. I want everybody to have input. I simply think that we have got to have road that connects schools to schools. We don't have to pick it tonight, but from a city planning standpoint, we need to have a road that connects schools to schools without going out on the highway [SH 114 or F.M. 1709], and I don't know how we do that without building roadway. If there is a way we can assist Cross Timber Hills, I want to do it. If there is a way we can benefit Southridge Lakes, I want to do it. Any neighborhood, I want to do it. I think we must at least plan for it. If the road is not indicated on our Thoroughfare Plan, then we will have to pay to build it which will cost a whole lot more than having a developer build the street." Motion was made to approve Resolution No. 00-96, Amendment to the currently adopted Master Thoroughfare Plan, to indicate the general alignment of a undivided collector (C2U) with 64' of right-of-way and a center turn lane located between White Chapel Boulevard and Shady Oaks Drive on undeveloped properties located south of the Coventry subdivision between Peytonville Avenue and Shady Oaks Drive. Also making a recommendation to amend the language in the MTP to state the following: "the (C2U) east-west collector road indicated on the Thoroughfare Plan map located between White Chapel Boulevard and North Peytonville Avenue and north of F.M. 1709 and south of State Highway 114 is intended to only show a general alignment. The precise alignment of this collector road will ultimately be based on development conditions prior to construction." Also, this collector road will accommodate a center turn lane. The motion is tO include seeking input of the neighbors when it comes to the development of this property. In the absence of the line, include the use of the two school properties as connectors. Motion: DuPre Second: Kendall Ayes: DuPre, Kendall, Shankland, Standerfer, and Potter Regular City Council Meeting Minutes of November 7, 2000 Page 24 of 26 Nays: Stacy Approved: 5-1 vote Agenda Item 10-A, Authorize the Mayor to enter into a Scope of Service Agreement with Northeast Transportation Service (NETS) for 2001. Director of Community Services Kevin Hugman was present and reviewed the Scope of Service Agreement with Northeast Transportation Service (NETS) for 2001. He stated that NETS is operated by YMCA Urban Services and provides demand/response transit services within northeast Tarrant county using vans and buses (regular and wheelchair accessible). Eligible riders provide a minimum 2-day advance notice and must be elderly, disabled, or transportation disadvantaged. When the demand exceeds capacity, destinations are prioritized according to (1) medical, (2) senior centers/recreation, (3) social services, (4) work, (5) school, (6) shopping, and (7) other appointments. The cost of service as proposed by NETS remains at $8,425 ($.50 per capita per resident based on 1997 population figures provided by NETS). Brenda Cross, Northeast Transportation Service. Ms. Cross was present to answer questions from Council. Ms. Cross stated they were requesting that their funding be the same as for past years. She stated she was not going to try to convince Council that it was cost effective. It was established that Southlake only served four (4) people last year with NETS. A discussion was held regarding the CARS program, which will be able to provide wheelchair-accessible rides by the end of the year to Southlake residents. Motion was to put NETS on notice tonight and that the City will provide the service through CARS and will renew the contract with NETS for only one quarter [through December 31, 2000]. Motion: Second: Ayes: Nays: Approved: Standerfer Potter Standerfer, Potter, Kendall, Shankland, DuPre, and Stacy None 6-0 vote Agenda Item #10-D, Resolution No. 00-103~ Authorizing the participation of the City of Southlake in the action styled The City of Denton, Texas, vs. TXU and Lone Star Gas Mayor Stacy stated this item was discussed at length during the executive session tonight. He briefed the audience on the issue stating that the City of Denton filed suit in the 393rd District Court in Denton County against TXU for delinquent electric and gas franchise fees. The City of Denton required their attorneys to notify all cities in Texas served by TXU of this pending litigation and provide cities the opportunity to participate. Regular City Council Meeting Minutes of November 7, 2000 Page 25 of 26 Motion was made to authorize the participation of the City of Southlake in the action styled The City of Denton Texas, vs. Texas Utilities Company and Lone Star Gas Company with a cap of $10,000. Motion: Second: Ayes: Nays: Approved: Standerfer Shankland Standerfer, Shankland, DuPre, Potter, Kendall, and Stacy None 6-0 vote Agenda Item #1 l-A, Discussion: STARCenter-Potential Development in Southlake Director of Finance Sharen Elam presented the discussions which have taken place between the StarCenter development and the City of Southlake. Ms. Elam explained the finances involved with this development should they locate in Southlake. Councilmembers agreed that they would like to meet with the developers in a work session prior to any more ongoing discussions with staff. Mayor Stacy asked Director of Economic Development Greg Last to set up a work session with Council and the developer in the near future. Agenda Item #12, Adjournment Mayor Rick Stacy adjourned the Regular City Council meeting at 11:00 p.m. Sandra L. LeGrand City Secretary L:\City Secretary\L Drive Minutes\cc-min-11-7-00.doc Regular City Council Meeting Minutes of November 7, 2000 Page 26 of 26 J r_ if 1 C-t l gt F � 1D Jeffrey P. Fegan Dal las / Fort Wo rth International Airport Executive Director November 7, 2000 The Honorable Rick Stacy Mayor i City of Southlake f' ` q ?fM " 667 North Carroll Avenue Southlake, Texas 76092 RE: Council Agenda Item No. 7.B. Reference No. ZA00 -093 Dear Mayor Stacy: The Agenda for the Southlake City Council Meeting for November 7, 2000 contains a site plan for St. Laurence Episcopal Church located at 519 North Kimball Road on the east side of North Kimball Avenue approximately 1,000 feet north of State Highway 114. The City Planning Office has informed us that the site plan consists a new building to accommodate a choir suite and classrooms as well as some expansion to the existing church and parking areas. Referencing the Airport's Official Noise Contour, the subject property is located about halfway between the 65 DNL and the 75 DNL noise levels (see attached contour excerpt) and is adjacent to the extended runway centerline, approximately three statute miles from the end of Runway 13L/31 R. The site is subject to routine and regular overflights by aircraft arriving and departing the DFW International Airport and operating as low as 700 feet Above Ground Level. The Federal Aviation Administration guidelines specify that churches are considered incompatible within this noise environment, unless appropriate Noise Level Reduction is incorporated into the building design. Because this is a modification to an existing site, the DFW International Airport Board has no opposition to the proposed site plan. However, the Airport Board recommends the following conditions of approval: 1. An avigation easement for the property be obtained naming the DFW International Airport Board and the Cities of Dallas and Fort Worth using language to be provided by DFW. 2. The City require mandatory building shell noise reduction of 35 dB be incorporated into the building design, noted on the final building plans, and verified during the building inspection process in accordance with the City's Zoning Ordinance 479. Thank you for your consideration of this matter. Please contact me at 972 - 574 -8722 should you wish to discuss our comments further. Sincerely, c ; tiy a ci, andra J. ancaster Senior Noise Compatibility Planner cc: K. Robertson Administr Offices * 3200 East Airfield Drive * Pint Office Dramcr 619428 * DFW Airport. 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DALLAS 2000 • Planit Texas Carroll Independent School District Exemplary Any Way You Slice It Attendance Rezoning Input Fall 2000 ATTENDANCE ZONING Carroll Independent School District The Rezoning Process Timeline Aug. 28 Present Rezoning Plan To Board Sept. 1 Mail Parent Survey Sept. 22 Compile Results Of Parent Survey Sept. 25 Present Survey Results To Board Oct. 2 Carroll Elementary Meeting (1:00 & 6:30 p.m.) Oct. 3 Rockenbaugh Elementary Meeting (1:00 & 6:30 p.m.) Oct. 5 Carroll Junior High Meeting (6:30 p.m.) Oct. 10 Carroll Intermediate Meeting (6:30 p.m.) Oct. 12 Johnson Elementary Meeting (6:30 p.m.) Oct. 16 Durham Elementary Meeting (6:30 p.m.) Oct. 17 Durham Intermediate Meeting (6:30 p.m.) Oct. 18 Carroll Middle School Meeting (6:30 p.m.) Oct. 23 Share Community Input With Board Nov. 13 Present Proposed Zoning Plan to District Advisory Committee (4 p.m. Annex) Nov. 16 Conduct Town Hall Meeting To Share Proposed Zoning Plan /Obtain Feedback (6:30 p.m. CJHS) Nov. 13 -Dec. 17 Obtain Web Site /Written Feedback on Proposal Dec. 4 Present Final Plan During Board Workshop Dec. 18 Board Votes on K -8 Attendance Zones Carroll ISD • 1201 N. 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C/1 W l r s I - f I 1 I (1) P p 4 ep k ': City of Southlake, Texas MEMORANDUM November 3, 2000 TO: Billy Campbell, City Manager FROM: Shana Yelverton, Assistant City Manager SUBJECT: Resolution No. 00 -97, Amending the Personnel Policies Handbook to Include a Technology Policy and Personnel Files Policy. Action Requested: Approval of Resolution No. 00 -97, amending the employee handbook to include a technology policy and personnel files policy. Background Information: The technology policy sets forth standards for the use of the technical systems for the City of Southlake. The intent is to clarify the appropriate use of these systems and provide examples of uses that are acceptable or unacceptable. The rights, responsibilities and limitations specified in this policy apply to all regular and temporary employees, contract personnel, and volunteers whose access to or use of the technology systems is funded by the City or is available through equipment owned by the City. The technology systems include interne use, electronic mail, computer and network systems, facsimile, mobile phone use, mobile data terminal use, and mobile data computer use. This policy also notifies all users that the technology systems are business tools provided by the City and that the City has a legitimate interest in protecting confidential information, preventing the abuse of the systems, and maintaining employee productivity. Therefore, this policy stipulates that the City expressly reserves the right to monitor, review and audit an employee's use of these systems at any time. The personnel file policy establishes a policy for the handling of employee personnel and medical files in accordance with Texas and Federal law. This policy provides consistent procedures regarding the maintenance, access, viewing, storage, security and retention period for all records associated with the City of Southlake employees. Financial Considerations: There is no financial impact to implement either policy. Citizen Input: Not Applicable Board Review: Not Applicable. 5B -1 Resolution No. 00 -97, Amending the Personnel Policies Handbook to Include a Technology Policy and Personnel Files Policy November 3, 2000 Page Two Legal Review: The attorneys have reviewed both policies and addressed any legal issues. Alternatives: The alternatives are to not adopt a policy. Supporting Documents: A copy of the Technology Policy and Personnel Files Policy and Resolution 00 -97. Staff Recommendation: Staff recommends placing this item on the November 7, 2000 City Council meeting agenda. 5B -2 RESOLUTION NO. 00 -97 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOUTHLAKE TEXAS, AMENDING THE PERSONNEL POLICIES TO INCLUDE A TECHNOLOGY POLICY AND PERSONNEL FILE 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 technology policy and personnel file 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 a technology policy and personnel file 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. Rick Stacy, Mayor ATTEST: Sandra L. LeGrand, City Secretary 5B -3 City of Southlake Personnel Policies Section: Basic Objectives and Policy Statements Topic: Technology Policy Effective Date: Approval: Revision Date: 1.0 Purpose Set forth standards for the acceptable use of the technical systems for the City of Southlake. The intent is to clarify the acceptable use of these systems and provide examples of uses which are acceptable or unacceptable. This policy does not enumerate all the possible acceptable and unacceptable uses. 2.0 Scope The rights, responsibilities and limitations specified in this policy apply to all regular and temporary employees, contract personnel, and volunteers whose access to or use of the technology systems is funded by the City or is available through equipment owned by the City. 3.0 Definitions 3.1. Internet Use- Internet services include but are not limited to Internet e-mail, file protocol (FTP), web browsing and newsgroups. 3.2. Objectionable/Improper Use of Language or Material- Offensive language, graphic representations, pictures, posters, calendars, graffiti, objects, promotional materials, reading materials, or other materials that threatening, obscene, sexually explicit, or disparaging of others. 3.3. Technology Systems- Including, but not limited to, computer internet, e-mail, computer network systems, software, facsimile, cellular phone, pagers, and Cellular Digital Packet Data (CDPD). 3.4. Unacceptable Uses- a use that conflicts with City 's or the individual Department's purpose, goal, or mission or with an employee's authorized job duties or responsibilities (See Section 4.4 of this policy) or which, otherwise violates departmental policy or federal, state, or local law. 3.5. City — The City of Southlake 3.6. Sniffer Software — Software designed to analyze the ports, services, messages, and protocols used over the computer /network system. 4.) Use of the City's Technology Systems 4.1. Acknowledged City Rights - The technology systems are business tools provided by the City. The City has a legitimate interest in protecting confidential information, preventing the abuse of the systems, and maintaining employee productivity. Therefore, the City expressly reserves the right to monitor, review and audit an employee's use of these systems at any time. By using the City technology systems, the user consents to City monitoring. 5B -4 Technology Policy Effective Date: 4.2. User/Employee Responsibilities - Employees are representatives of the City in all their communications. Responsible use of the City's technology systems requires discretion, professionalism and awareness of potential liability. Employees should be aware that when they are utilizing certain technology systems, they are creating City documents. Employees must understand at all times that communication and use of any of the City's technology systems are matters of public record under the Public Information Act and may be subject to discovery requests. 4.3. Acceptable Uses - City employees are granted the privilege of using the technology systems only in an authorized or acceptable manner. Examples of acceptable uses include, but are not limited to, the following: a. Communication with federal, state, and local government personnel or agencies, and private businesses with which the City transacts or may transact business; b. Communication with the public regarding City - related issues /matters; c. Communication for administrative purposes; d. Acquisition of information related to, or designed to facilitate the performance of regular assigned duties; e. Communication for personal purposes in a manner which does not infringe upon the employee's or the department's productivity and is not otherwise unacceptable. 4.4 Unacceptable Uses - City employees may not abuse their access to the technology systems. Abuse may consist of either excessive or unacceptable use. Generally, a use is unacceptable if it conflicts with the following: 1) the City of Southlake's purpose, goal or mission; 2) the individual Department's purpose, goal or mission; or 3) an employee's authorized job duties or responsibilities. Examples of unacceptable uses include, but are not limited to, the following: a. Excessive personal use of the technology systems. Personal use will be deemed excessive if, in the opinion of the employee's immediate supervisor, the use detracts from the individual employee's or the Department's productivity; b. Use of technology systems for personal business operations (including storage of financial records /transactions) or to advertise or solicit funds for political, religious, or other personal causes; c. Communication for illegal purposes including, but not limited to: violating copyright laws; using, downloading, or copying unauthorized software; or accessing restricted systems; d. Interference with or disruption of network users, services or equipment including, but not limited to: damaging equipment, knowingly spreading viruses, impersonating another user, destroying communications systems or electronic files, or accessing a system without authorization unless accessed to monitor, review, and /or audit an employees use of the system as described in Section 4.1 of this policy; 5B -5 Technology Policy Effective Date: e. Access or distribution of any communication which may constitute or contain intimidating, hostile, pornographic, offensive or discriminating material on the basis of sex, race, color, religion, national origin, or disability. f. Transmitting, downloading, viewing or storing of material that is threatening, obscene, sexually explicit or disparaging of others based on race, national origin, sex, age, disability, religious or political beliefs; g. Downloading files with copyright protection (i.e. MP3 files). If any doubt exists regarding copyright status, employees should contact the copyright owner to obtain written permission; h. Downloading executable (i.e. .exe, .com, .nim) programs or operating system software on the network server without proper authorization; i. Harassing individuals; j. Obtaining unauthorized access to any computer system; k. Using another individual's account or identity without explicit authorization from that individual; 1. Distributing or storing chain letters, solicitations, or offers to buy; m. Activity used for personal gain, outside employment or other financial profit; n. Playing or downloading computer games; o. Gambling or playing a game for money or other stakes; p. Participating in news feeds, real audio, "chat " rooms or services including real -time or instantaneous messaging types of services) unless specifically job - related. 5.0 Internet Use 5.1 The Department Director has the authority to restrict Internet accessibility for any employee. 5.2 Assigned Login/Password - When accessing the Internet, employees may use only assigned login and password and do not have authority to use another person's account without that person's permission. 5.3 Encouraged Interest Use - The use of the Internet for those activities listed under Acceptable Uses (section 4.3) of this policy are encouraged. 5.4 Downloading Files - Employees shall show extreme caution when downloading files from the Internet to ensure that all data is free from viruses. 5.5 Personal Internet Use - Limited or incidental use of Internet services for personal use is acceptable. 5B -6 Technology Policy Effective Date: Such use must be infrequent and must not: a. Involve any activity listed in Section 4.4 of this policy; b. Interfere with the productivity of the employee or any co- worker; c. Involve downloading files onto the network that are not work related. 5.6 Public Scrutiny - Internet usage must be able to survive public scrutiny and /or disclosure. Except for use as a resource in criminal investigations, users must avoid accessing sites that may bring the City into disrepute or conflict with its ethics policy. 6.0 Electronic Mail 6.1 Confidential E -mail - Confidential or sensitive information shall not be transmitted by e -mail, which can be intercepted or otherwise received by unintended recipients. Written memorandum or personal conversation should communicate such information. 6.2 Objectional E -mails - The City's e -mail network shall not be used to send objectionable, obscene, vulgar, racist, sexual or harassing messages, as described in Section 4.4 of this policy. 6.3 Mailing Lists - Employees shall not subscribe to any form of mailing list that creates an excessive volume of messages. 6.4 Use of Signatures - Employees shall not send an e -mail message that uses someone else's name or signature, unless such activity has been authorized. 6.5 Use of other Employees E -mail - Employees shall not attempt to read, delete, copy, or modify the e- mail of other Employees, except when such activity has been authorized. 6.6 City Property - E -mails sent or received from or to City -owned computers are the property of the City. All e -mails are subject to review by the department director or their designee or Technical Services at any time to ensure compliance with city policies on other laws or regulations, as described in Sections 4.1 and 4.2 of this policy. 6.7 E -mail Response - Employees should attempt to respond to all business - related e -mail messages within the same workday if possible or by the next workday at the latest. In the event of a planned extended absence for the office, employees should activate the Auto Reply feature of the system to ensure that a timely response is sent. 6.8 Deleting E -mail - When possible, all e-mail messages should be deleted after review. The e -mail system should not be used for archiving purposes. Important messages should be saved to the hard drive or personal directory and deleted from the e -mail system. 5B -7 Technology Policy Effective Date: 7.0 Computer/Network System 7.1. Interference of Computer/Network System - Under no circumstances shall users interfere with or interrupt other's access and use of the City computer system. Examples of such interference include, but, are not limited to: a. Sending e -mail chain letters or excessive messages. b. Printing excess copies of documents, files, data or programs. c. Modifying system facilities, operating systems, or disk partitions. d. Intentionally damaging or vandalizing City computing facilities, equipment, software or computer files. e. Intentionally altering/withholding password access from Systems Administrator (this restriction does not apply to the actions taken by the systems administrator). 7.2 Utilization of Computer/Network System - Employees shall utilize City computer /networking resources for acceptable uses outlined in Section 4.3 of this policy. Unacceptable uses are outlined in Section 4.4 of this policy. 7.3 Unauthorized Devices - Employees shall not connect or disconnect any unauthorized device to or from the network. 7.4 Monitoring Networks - Employees shall not monitor any network by any means including sniffer software. 7.5 Altering Operating System Software - Employees shall not alter such as operating system software settings or configuration under any circumstances. 7.6 Computer Games - Employees shall not install or operate computer games on City -owned machines. 7.7 Disruptive Programs - Employees shall not intentionally develop or use programs that disrupt other computer users or which access private or restricted portions of the system and /or damage the software or hardware components of the system. Computer users must use great care to ensure that they do not use programs or utilities which interfere with other computer users or which modify normally protected or restricted portions of the system or user accounts. 7.8 Technology Purchases - Employees shall ensure that all technology /telecommunication related purchases are coordinated with the system administrator prior to the actual purchase. 7.9 Copyrights - Employees, working with system administrator, should ensure that only legal versions of copyright protected software are used in compliance with vendor license requirements. Employees shall not make, use, or share illegal copies of copyrighted software, store such copies on City systems, or transmit them over City networks. 7.10 New Software - New software can only be loaded onto a computer under authorization of the system administrator 7.11 Software Storage - Software programs are to be stored in areas designated by the system administrator. 5B -8 Technology Policy Effective Date: 7.12 Copies - Employees may not make copies of files without the permission of the publisher or producer or if the software is Public Domain (non- copyrighted). 8.0 Facsimile 8.1 Cover Sheet - All facsimiles sent outside of the City should contain a transmittal cover sheet. Identified on this sheet shall be the City's logo, City web address, senders name, date, sender's fax number, sender's phone number, total number of pages included, name of the fax recipient, company that the recipient represents, recipient's fax number, recipient's phone number and reason for the facsimile. 8.2 Sending Facsimiles - Employees shall not send a facsimile that uses the name of another person as the originator unless otherwise authorized by that person. 8.3 Received Faxes - In general, received faxes should be forwarded to the intended party as soon as possible. Employees shall not read, modify, or delay delivery of facsimiles received by other employees. 8.4 City Property - However, facsimiles sent or received from or to City -owned machines are the property of the City of Southlake. All facsimiles are subject to review as described in Section 4.1 of this policy. ) Mobile Telephone Use 9.1 Mobile Telephone Usage - Employees will be assigned mobile telephones for use when it is necessary to conduct business in a timely and efficient manner. The use of technology, such as mobile telephones, has been an important aspect of ensuring timely and professional service delivery. However, judicious and appropriate use of this technology is critical since city employees have the responsibility to provide service to the community in a fiscally responsible manner. This policy provides guidelines for the prudent use of city- issued mobile telephones 9.2 Appropriate Use - City employees are authorized to use city- issued mobile telephones for bona fide City of Southlake activity in instances where there is a need to communicate, but where no other reasonably effective or efficient means of communication is readily available. Examples of appropriate use include, but are not necessarily limited to: a. Communication on city business matters between employee and supervisor or other city personnel when the employee is in the field or otherwise away from city offices; b. Communication between the employee and a customer, when such communication is the most practical means of providing service; c. Communication with a vendor, contractor, or other service provider, when such communication is the most practical means of providing service or assistance to a resident, resolving a complaint, or otherwise conducting city business and when such communication is the most practical means of achieving the immediate objective; d. DPS communication as described in the general orders manual, and e. In emergencies when other means of communication are not available. 5B -9 Technology Policy Effective Date: 9.3 Initiating/Receiving Calls - The following are acceptable methods for initiating or receiving calls on city- issued mobile phones: a. Direct Dial - This is the most desirable method of conducting approved mobile phone communication. b. Incoming Calls - Employees receiving telephone calls have few means by which to determine the nature of the call until it has been received. This means of communication is acceptable, provided that employees take the responsibility for notifying any caller of the limitations in the use of mobile phones and discontinue any call which are outside the parameters of acceptable mobile telephone use. c. Operator- Assisted Calls - Employees should only initiate operator or directory assistance for placing calls when no other option exists for carrying out the duties of their job. d. Long Distance Calls - Long distance calls are conducted under the same parameters established for standard local calls; however, such calls should only be placed when an operational necessity exists. Employees should refrain from placing long distance calls on city- issued mobile telephones unless a documentable business necessity exists; provided, however, that occasional use for other purposes is acceptable when the employee reimburses the City for any charges incurred. d. Roaming Charges - Employees should refrain from incurring roaming charges, unless business necessity dictates use of the mobile phone outside the service area. 9.4 Employee to Employee Communication Using Mobile Telephones - The use of mobile telephones by two employees (sending and receiving) to conduct city business is discouraged when the City incurs additional charges for these calls. City employees should refrain from using mobile phones as a means of communicating with other city employees in lieu of other city - provided communication tools. For example, employees are encouraged to use radios, pagers or other communication methods as necessary. 9.5 Maintenance - Mobile telephones may be assigned to an individual, placed in a specific vehicle or used through a pool. Employees who are personally assigned a mobile telephone, use a telephone located in a vehicle, or assigned a telephone through the pool are responsible for its care. When a telephone fails to perform properly, the user should report the problem immediately to his or her supervisor. Maintenance requests will be handled as quickly as possible, and a substitute phone will be provided as necessary. 9.6 Removal of Mobile Telephones from Assigned Vehicles - Employees should only remove mobile telephones from assigned vehicles when it is necessary to efficiently conduct city business. Employees are responsible for returning the telephone to the appropriate vehicle in a timely manner. Employees should remove the mobile telephone from their vehicle when it is transported to any service or repair facility. Upon the return of the vehicle, the employee is responsible for ensuring the appropriate return of the mobile telephone to the designated vehicle. 5B -10 Technology Policy Effective Date: Employees should refrain from adding, removing, or exchanging component parts; affixing or removing any specific markings, or modifying any functions or special key operations without the prior approval of his or her supervisor. 9.7 Personal Use of Mobile Telephones - Personal use of city- issued mobile telephones in marked city vehicles is prohibited. Personal use of telephones issued to individual employees is discouraged but not prohibited, however, payment of charges incurred for personal calls is required. Excessive personal phone calls during regular business hours is discouraged for all employees. 9.8 Employee Responsibility - Employees assigned cellular phones, either temporarily or full -time, are responsible for appropriate use and safekeeping. In the event of loss or damage, employees must provide immediate notification of such loss /damage to their supervisor. Employees may be financially responsible for such loss /damage if they are unable to show reasonable care. 9.9 Hands Free Technology - Using a mobile phone while operating a motor vehicle is discouraged. Employees are encouraged to use "hands free" technology when operating a motor vehicle. 10.0 Mobile Data Terminal (MDT) / Mobile Data Computer (MDC) Use 10.1 Instructions for Usage - Instructions for using the MDT/MDC are published in the manufacturer's MDT/MDC operation guide. Copies of this material are available to each member of the Department of Public Safety through the Training Coordinator in order to become familiar with the MDT/MDC operations. 10.2 Signing On/Off - Personnel are responsible for signing on at the beginning of their tour of duty and signing off at the conclusion of their tour of duty. 10.3 Passwords - Personnel are charged with the responsibility for maintaining security of their password code. Personnel refrain from sharing their password code with unauthorized persons. The Manager of Information Services (MIS) maintains a secured log of passwords assigned to all Department of Public Safety personnel. The MIS director designates authorization for access to such passwords. Passwords are assigned, changed, or deleted only by approval of the MIS director. 10.4 Governing Rules and Laws - All rules and laws that govern radio transmissions are applicable during MDT/MDC operations. Departmental directives that contain applicable TCIC/NCIC guidelines apply to the operation of the MDT/MDC. Information obtained by operation of the MDT/MDC is maintained as confidential information in accordance with the law. 10.5 Message Restrictions - The MDT/MDC is restricted to messages and inquiries for Southlake Department of Public Safety job purposes only. Any "TO" message that is personal in nature is inappropriate. Messages are sent using only appropriate, professional terminology and /or common abbreviations. Messages sent through the MDT/MDC are to be as brief and concise as possible. 10.6 Documentation of Transmissions - A computer record of all MDT transmissions is stored at North Richland Hills Police Department. Transcripts of all MDT traffic are accessible and made available by 5B -11 Technology Policy Effective Date: North Richland Hills Police Department only upon authorized request. Periodic administrative audits are conducted by the Patrol Lieutenant to ensure compliance with this directive. A computer record of all MDC transmissions is stored at the Southlake Department of Public Safety. Transcripts of all MDC traffic are accessible and made available by MIS only upon authorized request. Periodic administrative audits are conducted by the Patrol Lieutenant to ensure compliance with this directive. If officers need to request information or documentation, these requests are forwarded through the shift sergeant to the Police Lieutenant 10.7 Use While Operating a Vehicle - When a Department of Public Safety vehicle is operated as a single personnel unit, the operation of the vehicle takes priority over the operation of the MDT/MDC. If the vehicle contains two personnel, the non - driver serves as the primary MDT/MDC operator. Vehicle operators are responsible for the safe handling of the departmental vehicle. The operation of the MDT/MDC does not serve as a mitigating justification in the event that an accident occurs involving departmental vehicles. 10.8 MDT/MDC Operations - While undertaking MDT/MDC operations, personnel are to maintain a conscious awareness of their surroundings, remain alert to potential hazards, and practice safe tactics. 10.9 Maintenance. The maintenance of the base unit of the MDT system is the responsibility of the North Richland Hills Police Department. The maintenance of the base unit of the MDC system is the responsibility of the MID department of the City of Southlake. Maintenance of peripheral units is conducted in accordance with contracts as established by mutual agreement between or among North Richland Hills Police Department, the City of Southlake, Motorola Inc. and any other organization. Requests for repair service are forwarded to the shift Sergeant who reviews the request and contacts the appropriate repair facility to schedule the needed maintenance /repairs. 11.0 Computer System Maintenance 11.1 Audits — An audit of the City's records computer system is conducted annual by the Manager of Technical Services or an authorized designee. The audit maintains verification of all passwords, access codes, and /or access violations. The annual audit is routinely performed in January, and the records of the audit are sent to the Assistant City Manager for review and retention. 11.2 Computer File Back -up — The main file server containing personal network drives plus AS400 is backed up on a daily basis in accordance with retention laws devised by the State of Texas and the City Secretary. Back -up tapes are on a 30 day rotation, at the end of the rotation (one month) each tape is placed in the City archives. 5B -12 Technology Policy Effective Date: 11.3 Computer File Storage — All computer media, tapes, disks and /or drives are stored in an off -site secure environment. 11.4 File Destruction — All City software contains password protected functions which allow for court ordered expunction of files and /or records. City Records personnel are responsible for the process of expunction, which is reviewed by the Manager of Technical Services. Any media, disks, tapes, printed material, and /or computer drives which are deemed no longer needed for business operations shall be destroyed in an appropriate manner. 12.0 Violation of Policy Any violation of this policy may be subject to disciplinary action, including but not limited to the loss of access and other privileges, and /or termination of employment. 5B -13 City of Southlake Personnel Policies Section 1: Basic Objectives and Policy Statements Topic: Personnel File Policy Effective Date: Approved By: Revision Date: 1.0 Purpose To establish policy of handling employee personnel and medical files in accordance with Texas and Federal law. To provide consistent procedures regarding the maintenance, access, viewing, storage, security and retention period for all records associated with The City of Southlake employees. This policy also outlines the contents of a personnel and medical file. 2.0 Definitions 2.1 Personnel File - Personnel files are maintained on all employees of The City of Southlake and are property of the City. The basic content of personnel files include: • Basic employee information (name, address, phone number, job title, social security number, driver license information) • Original application and resume • Status records (which include any change in the status of the employee, i.e. transfers, promotions, salary /step increases.) • Emergency Contact Information • All disciplinary and adverse actions records • Employee evaluations (Performance Appraisals) • Record of training that the employee received • Record of all licenses or certifications • Insurance documents • Retirement documents • Contributions and mandatory deductions authorization records • Awards and Commendations • Accident reports • Grievance Records • Oaths of Office for police officers • Signed Waivers • All other job related, non - medical, documents relevant to the employee deemed essential by the Human Resource Director. 5B -14 Personnel File Policy Effective Date: 2.2 Medical File - Medical files are kept on all employees of The City of Southlake and are the property of the City. The basic contents of a medical file include: • Pre - employee drug screen results • Employee drug test results • Reports of medical examinations • Physician slips and certificates • Workers Compensation Claim Files • Pre - employment physical examination results • Exposure Reports and Results • Psychological Test Results • Polygraph Test Results 2.3 Employee - Includes probationary, regular full -time, regular part-time, seasonal, and temporary employees of the City of Southlake. 2.4 Employee Applicant - A person who has applied for employment with the City of Southlake or an employee who has applied for a different position with the City. 2.5 Retention Period - The minimum amount of time that any personnel or medical record is retained by the City of Southlake. 2.6 City - The City of Southlake 2.7 Disciplinary and Adverse Action Records - Include records created as a result of considering or reconsidering an adverse action (demotion, probation, termination, suspension, leave without pay) against an employee, such as investigative reports, reports of findings, and decision and judgements. 2.8 Director - The City's Director of Human Resources, or the Director's designated representative. 2.9 Employee - A person who has applied for employment with the City or an employee who has applied for a different position with the City. 3.0 Policy 3.1 Access to Personnel and Medical Files Access to personnel and medical files shall be limited to the following: 3.1.1 Only Human Resource Department Staff and authorized supervisors may have internal access to personnel and medical files, and only on a "need to know" basis in accordance with local, state, and /or federal law. 3.1.2 The Director of Human Resources or Director's designee, will determine external access (employee verification/references) to personnel and medical files in accordance with State law. 5B -15 Personnel File Policy Effective Date: 3.1.3 Upon request to and approval from the Director of Human Resources, current and former employees may examine their own personnel and /or medical files in conformance with the guidelines established in Section 4.0. The request will be granted at a mutually convenient time for the inspection, after the request is received by the Director of Human Resource. The Director of Human Resources may withhold certain records, as permitted by law. A former employee must present proper identification to the Director in order to view his or her file. 3.1.4 Employees may view their personnel file while conforming to the following guidelines: a. The review must be conducted in the Human Resource Department and with a member of the Human Resource Department staff present; and b. No document may be inserted, removed, changed, or copied without specific authorization from the Director of Human Resources, or other authorized source. 3.1.5 A person who has been granted power of attorney by an employee may access the employee's personnel and /or medical file, after presentation of proper authorization and identification. 3.1.6 Personnel files may be accessed by order of any state or federal law or court of record having jurisdiction over such records. 3.1.7 Notwithstanding provisions sections 3.1 (3.1.1 through 3.1.6), all files are subject to the Texas Open Records Act. 3.2 Personnel and Medical File Retention 3.2.1 Retention Laws — The City shall retain personnel and medical files for at least the retention period specified in the Texas Retention Schedule for Records Common to All Local Governments. 3.2.2 Retention Requirements - The City of Southlake may retain all personnel and medical records for the maximum time permitted by Texas law. The City is required to retain specific records permanently, including the Employee Service Record, consisting of at least the following minimum information: a. name; b. sex; c. date of birth; d. social security number; e. positions held with dates of hire, promotion, transfer, or demotion; f. dates of leaves of absence or suspension that affect computation of length of service; g. wage or salary rate for each position held; h. date of separation; and i. pension an deferred compensation records. 3.3 Expunging of Records 5B -16 Personnel File Policy Effective Date: 3.3.1 The City may expunge or cause to be expunged records, after the scheduled retention period has expired, if requested in writing and authorized by the Human Resource Director, or other authorized source. 3.3.2 The City generally will keep personnel and medical file information indefinitely, but an employee may request removal of Disciplinary and Adverse Action Records after the scheduled retention period. 3.3.3 Disciplinary and adverse action records, as maintained in the employee personnel file, have a retention period of two (2) years after the case is close or action is taken. 3.3.4 The Human Resource Director, or other authorized source, will decide whether to remove the record, depending upon the nature of the performance concern, the absence or presence of similar concerns over the past years, the severity of the disciplinary action taken, and the relationship of the performance concern to the employee's position. 3.3.5 Should the City remove a Disciplinary and Adverse Action Record for the employee's personnel or medical file, the City may maintain the Record in a separate file for an indefinite period of time for internal disciplinary consistency and to defend the City of Southlake in potential legal actions. 3.4 Personnel and Medical File Storage /Security Personnel and medical files contain private and confidential information. 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LL L.L. 1- < lL 0 < < 0 0 1- 0 LL Liik____ / CITY OF SOUTHLAKE 1% SALES TAX REPORT 1999 -00 collected budget balance budget to date balance percent $ 3,569,839 $ 3,683,796 ($113,957) -3.19% FISCAL FISCAL FISCAL YEAR % Inc YEAR % Inc YEAR % Inc MONTH 97 -98 -Dec 98 -99 -Dec 99 -00 -Dec October $237,164 46.5% $310,767 31.0% 310,517 -0.1% November 193,664 43.1% 206,887 6.8% 300,330 45.2% December 163,871 42.4% 188,493 15.0% 251,264 33.3% January 266,437 34.0% 313,831 17.8% 353,616 12.7% February 168,914 34.4% 199,573 18.2% 271,605 36.1% March 160,147 52.9% 194,635 21.5% 240,577 23.6% April 215,299 18.0% 311,919 44.9% 365,598 17.2% May 217,760 42.7% 257,679 18.3% 296,420 15.0% June 200,233 16.5% 249,323 24.5% 300,786 20.6% July 274,072 22.4% 346,698 26.5% 381,766 10.1% August 224,126 21.2% 245,730 9.6% 307,797 25.3% September 200,169 15.1% 242,010 20.9% 303,520 25.4% TOTAL $2,521,857 30.6% $3,067,546 21.6% $3,683,796 Actual Budget Actual Estimated (budget -est.) Month 1998 -99 1999 -00 1999 -00 1999 -00 Difference Change October $310,767 $356,984 $ 310,517 $ 310,517 $ (46,467) - 13.02% November 206,887 246,319 300,330 300,330 54,011 21.93% December 188,493 214,190 251,264 251,264 37,074 17.31% January 313,831 364,124 353,616 353,616 (10,508) -2.89% February 199,573 239,179 271,605 271,605 32,426 13.56% March 194,635 224,900 240,577 240,577 15,677 6.97% April 311,919 371,263 365,598 365,598 (5,665) -1.53% May 257,679 307,006 296,420 296,420 (10,586) -3.45% June 249,323 292,727 300,786 300,786 8,059 2.75% July 346,698 385,543 381,766 381,766 (3,777) -0.98% August 245,730 285,587 307,797 307,797 22,210 7.78% September 242,010 282,017 303,520 303,520 21,503 $ 3,067,546 $ 3,569,839 $ 3,683,796 $ 3,683,796 $ 113,957 16.37% 20.09% L16- (