COUNCILMEMBERS PRESENT: Mayor Rick Stacy; Mayor Pro Tem W. Ralph Evans; Deputy Mayor Pro Tem Patsy DuPre. Members: Greg Standerfer, Rex Potter, Tom Stephen, and Keith Shankland.

CITY STAFF PRESENT: City Manager Billy Campbell; Assistant City Manager Shana Yelverton; Assistant to the City Manager John Eaglen; Director of Finance Sharen Elam; Director of Economic Development Greg Last; Director of Public Works Pedram Farahnak; Senior Engineer Charlie Thomas; Director of Planning Bruce Payne; Senior Planner Dennis Killough; Director of Community Services Kevin Hugman; Director of Public Safety Ricky Black; City Attorney E. Allen Taylor Jr.; and, City Secretary Sandra L. LeGrand.

WORK SESSION: The Work Session was called to order at 5:40 p.m. by Mayor Rick Stacy. During the work session Councilmembers conducted interviews for Judge of the Municipal Court. Also during the work session, Councilmembers and staff discussed items on the agenda. The work session is audio and videotape recorded for future reference. Copies are available from the Office of the City Secretary.

• During the work session, Evelyn Taylor, chairman of National Multiple Sclerosis Society was present and informed Council of a Walk-A-Thon that is proposed at Rustin Park pavilion for a fund raining activity to raise funds for the MS Society. She indicated that they want to raise $53,000 with this event. The event is being planned for September 15, 2001, from 8:00 a.m. until noon and will be a 3.1-mile walk.

Agenda Item #1, Call to Order

Mayor Rick Stacy called the Regular City Council meeting to order at 7:13 p.m. City Council meetings are video and audio tape-recorded for future reference and copies are available upon request from the Office of the City Secretary.

Agenda Item #2-A, Executive Session

Mayor Stacy announced that Council would be going into executive session later on during this meeting.

Agenda Item #3, Invocation and Pledge to the Flag

Mayor Pro Tem W. Ralph Evans gave the invocation tonight, followed by the Pledge of Allegiance to the flag.

Mayor Stacy made the following announcements:

• June 21 at 7:30 a.m. Metroport Partnership meeting will be held in Town Hall in the 3^rd floor conference room. All Councilmembers are urged to attend.

• June 22 at 7:00 p.m. the Carroll High School Band will be having a "Send-Off Concert" at the Pavilion at Southlake Town Square. The concert will be for their trip to Tring, England. Please join them for some great music.

• The City Council will hold a Budget Retreat on June 26, at 6:30 p.m. The meeting will be held in Town Hall, 3^rd floor conference room.

• The July 3^rd Regular City Council meeting has been cancelled. A 4^th of July Stars and Stripes Celebration will be held in Town Square and Councilmembers are invited to participate. The events will begin at 5:00 p.m. with a firework show starting at dusk [about 9:15 p.m.]. The Mayor stated that off-site parking is being planned using buses.

Agenda Item #4-B, City Manager’s Report

City Manager Billy Campbell stated he had no report tonight.

Councilmember Patsy DuPre reported, however, that the Local Option Senate Bill is about to be passed. She expressed appreciation to State Representative Vicki Truitt for all her hard work in helping the Cities of Southlake and Westlake by presenting this bill and getting it passed and signed by our Governor, on our behalf. A Local Option Election committee has been formed and EraLee Caldwell has been named chairman of the committee. DuPre stated, "It will be quite a task to get everything together for a Southlake Local Option Election, but it will bring many new businesses to Southlake."

DuPre announced that the Public Art Policy would be discussed during the next City Council meeting.

Agenda Item #4-C, SPIN Report

The SPIN Report was given by Curtis Powell, Co-Chairman of SPIN #15. Mr. Powell gave the location of SPIN #15 area. He stated items of interest to this area include: Trailhead Development, North Pearson reconstruction project, and the Remington Assisted Living Center. Other issues involving this area of Southlake include: Terra Land Development has a 20-acre project proposed with 19 home sites; Retail Commercial on F.M. 1709 and Davis Boulevard; and Annie and Royal Smith Park. Mr. Powell stated the neighborhood is very anxious for the park to be ready for use.

Agenda Item #4-D, Park Board Report

The Park Board Report was given by Bobby Rawls, a new member. Mr. Rawls stated the Park and Recreation Board elected officers to fill the unexpired term of Chair, previously held by Sherry Berman. The Board elected Chris Miltenberger as Chair; Cara White as Vice-Chair and Mary Georgia as Secretary.

Mr. Rawls stated he has been appointed as the Park Board representative to the Joint Use Committee (JUC) and looks forward to participating in that committee.

Agenda Item #5, Consent Agenda

Mayor Stacy informed the audience that the consent agenda items are considered by one vote. He stated if anyone had a request for an item not to be considered during the consent agenda segment, the item would be deleted from the consent agenda and considered separately with the regular agenda. The consent agenda items for this meeting include:

5-A. Approval of the minutes of the Regular City Council meeting held June 5, 2001.

The minutes were approved as presented.

5-B. Authorize the Mayor to execute a Commercial Developer’s Agreement for O.W. Knight, Lot 19, west of Byron Nelson Parkway on F.M. 1709.

The final plat for O.W. Knight was approved on March 20, 2001. The addition has 19 lots along the south side of F.M. 1709 just west of Bryon Nelson Parkway. The construction is proposed on Lot 19 [only an office building], and it is directly adjacent to Radiology Associates, on the west side. This Developer's Agreement covers the construction of public improvements, which includes an 8" water line and the extension of an access driveway that currently connects to Byron Nelson Parkway. Upon recommendation by the Park and Recreation Board, the developer wishes to escrow $4,905.60 for an 8" trail construction along F.M. 1709 in lieu of the trail and the park fee.

5-C. Approval of a License Agreement with Dallas Area Rapid Transit (DART) for the purpose of constructing, maintaining, and using the proposed Brumlow Avenue widening at the intersection of State Highway 26 across the DART right-of-way.

The Traffic Management Bond Program, approved by voters in May 1999, includes the reconstruction and widening of the intersection of Brumlow Avenue and SH 26. Council awarded the construction contract on June 5, 2001. In order to widen the roadway and railroad crossing, DART requires the execution of a License Agreement for the purpose of constructing, maintaining, and using the proposed Brumlow Avenue widening. The new railroad crossing will be fully signalized with gates and signal interconnected with the traffic signal at SH 26. As required by DART $1,320. DART License fee will be required from the 99/00 Traffic Management Bond Program.

5-D. Approval of North Central Texas Chapter of the National Multiple Sclerosis Society application to hold a fundraising Walk-A-Thon at a public facility (Rustin Park pavilion and Family Park),

This request to reserve Rustin Park pavilion for a fundraising activity meets the adopted policy with the exception that the organization is not based in Southlake. As such, staff is not given the authority to approve the request. Staff has reviewed the requirements and recommends approval.

5-E. Award of bid to Keck and Company for construction of restroom No. 2 and pump house, and Alternates #1, #2, and #3 for water intake structure, piping, and wet well at Bob Jones Park.

During the Capital Improvements Plan (CIP) discussions, with SPDC last summer, the Board requested that staff pursue moving up the construction of restroom #2 at Bob Jones Park (south area by practice ballfield) to the current project year. SPDC subsequently approved the FY 2001-2002 CIP with an additional $450,000 in the Bob Jones Park project for the addition of this restroom and features associated with the second pond (south of the practice ballfield). This agenda item is to award the bid to the low bidder, Keck and Company. In addition to the restroom building, the bid specifications also added a pump house for the second well, and add alternates for a water intake structure, piping, and wet well for a future irrigation system. The contract amount, with the added alternates included, is still $40,000 less than the original proposal from Botanical Technologies and is within the budgeted amount. Staff recommends approval of the base contract and alternated #1, #2, and #3, and a project contingency of 5% for a total budget not to exceed $263,691.

5-F. Approval of Change Order No. 3 to CMPA, Inc., for the Department of Public Safety - West Facility - City of Southlake Project No. 00-3320.

During grading of the drainage ditch adjacent to Randol Mill at the west entrance to the facility, a 12-inch waterline that runs along the east side of Randol Mill separated when it was inadvertently exposed. Following repair of the line, it was determined that in order to properly grade the drainage ditch and protect the integrity of the line, the line would need to be relocated away from the ditch, blocked and restrained at the joints. PSA and staff received a proposal from CMPA to make the change for an increase of $7,700. PSA and staff have reviewed this proposal and find it to be acceptable. It is recommended that this change be approved for an increase of $7,700. The City’s contract currently provides a "Contingency" item in the amount of $150,000. If approved, these changes can be included under the "Contingency" item and no changes in the contract amount or the contract time will occur as a result of these changes.

5-G. Award of bid for the construction of concrete pavement replacement in the Timberlake, Southview, and Myers Meadows additions.

The Council approved pavement replacement project in the FY00-01 CIP for various locations. Staff has identified areas in need of replacement in the Timberlake, Southview, and Myers Meadows subdivisions, and has entered into a professional services agreement with Cheatham and Associates to prepare the contract documents. The contract time for completion of work is 45 calendar days. Seven bids were received on May 22, 2001. The bids have been reviewed by Cheatham and Associates and City staff. SRO General Contractor is the low bidder at $180,000. The bid amount is within the budget for this project when combined with additional funds as follows:

• FY00-01, CIP, street failure rehabilitation, $80,000 is available and staff recommends use of $80,000;
• FY00-01, Street Operating Budget No. 100-144-5781 was available, staff recommends use of $45,000;
• FY99-00 CIP, traffic mitigation/calming project and staff recommends use of $100,000.

5-H. ZA 01-041, Plat Revision for The Lakes on Dove, on property legally described as Lot 2, Block 1, Emerald Estates South.

The property is located on the north side of East Dove Street approximately 150’ east of North Carroll Avenue. The current zoning is "SF-1A". A zoning change and a preliminary plat were approved for the "Lakes on Dove" on February 6, 2001. The Thoroughfare Plan indicated a 94’ right-of-way, 47’ measured on each side from the centerline of the existing road, for the section of Dove Road to which the property fronts. At the time of approval of the Preliminary Plat, a variance was granted allowing a total of 42’ of dedication with the provision of a 6’ pedestrian access easement. The survey for the Plat Revision has determined that the existing Right-of-way varies from 33’ on the east side to 40’ on the west side. Staff has recommended that the applicant provide right-of-way dedication, which would account for 42’ of right-of-way from the centerline. The applicant is proposing a dedication of 41’ from street centerline along with the 6’ pedestrian easement dedication [variance requested]. On June 7, 2001, the Planning and Zoning Commission approved (7-0) subject to the Revised Plat Review Summary No. 3, dated June 7, 2001 stipulating the requested variances.

5-I. ZA 01-043, Plat Revision for Lot 16R, Block 39, Crescent Royale, on property legally described as Lots 16 and 17, Block 39, Timarron Addition Crescent Royale.

The location of the property is at 609 and 6121 Regency crossing which is located in the Timarron Addition. The current zoning is "R-PUD". The purpose of this request is to combine Lots 16 and 17, Block 39, Timarron Addition - Crescent Royale, into one lot and abandon a 10’ maintenance and access easement located between the lots. On June 7, 2001, the Planning and Zoning Commission approved this item (7-0).

Motion was made to approve the consent agenda as noted above, and read into the record by Mayor Rick Stacy.

Motion: Standerfer

Second: DuPre

Ayes: Standerfer, DuPre, Potter, Stephen, Evans, Shankland, Stacy

Nays: None

Approved: 7-0 vote

Agenda Item #6, Public Forum

Wayne Moffat, 1414 Whispering Dell Court, Southlake. Mr. Moffat stated he is here to address the method in which the homeowners were treated regarding a zoning case [Haltom Creek Estates], which has gone before the Planning and Zoning Commission and the City Council. He stated he feels the city is arbitrarily removing signatures in opposition to a zoning case. He commented that he feels the method for notification has evidently changed because this is not the way it has been for many many years. He stated he feels the rules have been changed in the middle of the road.

Mayor Stacy commented that the "rules have not changed in the middle of the road." Councilmembers expressed concern that the process was different for this case than for other cases in the past.

E. Allen Taylor Jr., City Attorney, stated it would be more appropriate for questions to be answered when the case comes before the City Council. Taylor commented that if it is a new case, new notices must be sent. If it is the same case, the current letters and petitions stand. Mr. Moffat stated they have been renotified of the same case, and they want their original letters and petitions to stand.

Bob Bonchek, 1820 Hunters Creek Drive, Southlake. Mr. Bonchek stated he is present with two issues: legal protest [that impacts the vote of the council] and expression of opposition. It is his understanding that the Planning staff have removed the letters of opposition. Can the City Council direct the Planning staff to reinstate the letters of opposition to the Planning and Zoning Commission, as there are three new members to the P & Z?

Mayor Stacy encouraged all the people surrounding this proposed subdivision to be present for the P & Z meeting and express their opinions.

Agenda Item #7-A, Ordinance No. 802, 2^nd Reading, Verizon Wireless- Network Observation and Control Center.

Ordinance No. 802, 2^nd Reading, Verizon Wireless-Network Observation and Control Center, designating Reinvestment Zone Number Three in the City of Southlake, Texas, pursuant to Chapter 312 of the Texas Tax Code; establishing the boundaries thereof and other matters relating thereto; providing that this ordinance shall be cumulative of all ordinances; and providing a severability clause.

Director of Economic Development Greg Last stated that prior to the adoption of a tax abatement agreement, the subject property must be designated as a reinvestment zone by ordinance. This ordinance designates the 24 acres of the Verizon Wireless NOCC as the TIRZ Number 3.

Present representing Verizon Wireless was Mr. Bud Berry, Attorney for Verizon, and Mr. Bob Scanilli, new manager for the Southlake Verizon facility. Mr. Berry gave a summary of the SPIN Meeting held on June 18, 2001, whereby residents in the Kirkwood Hollow addition were present to discuss issues with Verizon and City staff members. The key discussion points, issues raised fell into three categories:

• Architectural materials for the building,
• Landscaping - especially along the perimeter of the property along Kirkwood and at the northeast corner of the property across from Kirkwood Hollow’s main entrance; and,
• Parking lot- placement, material and lighting.

Mr. Berry reviewed the nature and extent of radio frequency (RF) electromagnetic field (EMF) distribution in our environment relative to EMP emissions resulting from mobile wireless communications systems/Data Liking. A copy of the "Scinetics" Radio Frequency Report dated June 18, 2001, is hereby attached to the minutes of this meeting.

Nancy Carnahan, 400 Marshall Road, Southlake. Ms. Carnahan stated that although she is a SPIN representative for the City of Southlake, her comments made tonight are her own comments and not the voice of SPIN. She stated that Verizon representatives have been very informative, but she feels that not enough has been said about the microwave tower and the new elementary school in their area. Ms. Carnahan asked the City Council to delay this item long enough for the City and residents to do further study. She asked Mr. Unger if they could move the tower to another location or move the elementary school site?

Mr. Carnahan, 400 Marshall Road, Southlake. Mr. Carnahan stated his problems are with twenty-four hour traffic and the tower. He is concerned that they are safe and that there are studies being done.

Bill Vaughn, 401 Marshall Road, Southlake. Mr. Vaughn stated they had a good meeting last night. He noted that Mayor Stacy, Councilmember Rex Potter, SPIN Chairman Mike Conrads, and two P & Z members were present. He stated the residents still prefer not to have Verizon in this location. He asked that it be made a matter of public record that the residents in Kirkwood Hollow have been slighted and the issue of moving it through as a ‘fast-tract’ is wrong. To have so little time to review the issues has brought about mistrust by the residents. It should not happen again to other neighborhoods. He stated that the residents came to Southlake for the residential environment but realizes at the same time that Southlake needs commercial. The actions of this City Council are not appealing to them at all. They are baffled that this has happened so quickly. They want everyone to know that the residents of Kirkwood Hollow want to be involved. They want to know what is being planned in their area. They also expressed concerned for 25 acres between Sabre and Verizon. They want to know what is going on there. He referenced the SPIN Report presented tonight from last night’s meeting [pages 1 through 4]. Mr. Vaughn stated they are supposed to have a follow-up meeting with the developers on July 9 at the Model Home site at Kirkwood Hollow. They asked that the items brought up tonight be made a part of the record.

Eric Milhizer, 452 Marshall Road, Southlake. Mr. Milhizer discussed the tax abatement. By allowing Verizon to build in that location, the City is limiting use on the remaining 25 acres. He commented that traffic is a concern and the tax abatement is a concern.

Mike Lancaster, 456 Marshall Road, Southlake. Mr. Lancaster stated he is a cancer survivor, and he has had twenty radiation treatments. He is very careful because of his condition, and he would never live by a microwave tower. He expressed concerns.

Mayor Rick Stacy commented to Verizon that he and the City Councilmembers couldn’t go forward if there is a chance this tower could cause cancer.

The new Southlake plant manager stated they would follow the Federal Guidelines regarding the tower.

Mr. Berry, attorney for Verizon, stated all cities have ordinances, and he stated he does not know if anyone can answer the questions about the tower causing cancer. They will go back and research everything they can along this line.

Mayor Stacy stated the Developer Agreement will be ready in two months, and he is asking Verizon to do what they can to research the issue. If there is even a remote possibility of the tower causing cancer, he wants to know.

Councilmember Keith Shankland asked the question, "What is the ark of beam or cone?" Mr. Berry stated it is more like a beam. Shankland wants to know which direction the beam will be pointed in. He would like the answer to this question as soon as possible.

Motion was made to approve 2^nd reading of Ordinance No. 802, Verizon Wireless-Network Observation and Control Center, designating Reinvestment Zone Number Three in the City of Southlake.

Motion: Standerfer

Second: DuPre

Ayes: Standerfer, DuPre, Potter, Stephen, Evans, Shankland, Stacy

Nays: None

Approved: 7-0 vote

Agenda Item #7-B, Resolution No. 01-037, Adopting a Revised Tax Abatement Policy

Resolution No. 01-037, Adopting a Revised Tax Abatement Policy; establishing guidelines and criteria for tax abatement agreements; and electing to become eligible to participate in tax abatement.

Director of Economic Development Greg Last stated prior to entering into a tax abatement agreement, the city must adopt a tax abatement policy. We have had a basic policy for several years. The most recent policy, adopted concurrent with the Sabre project, expired in May, thus requiring the adoption of this policy. Major highlights include:

Page 1, Section 3.C.1 The minimum thresholds were changed to ensure compliance by Verizon Wireless. The prior policy required "a minimum of 1,000 full-time jobs with an average annual total compensation of $50,000" and this version requires "a minimum of 500 full-time jobs which have an average annual salary of $40,000."

Page 2, Section 3.C.2 The prior policy stated "average annual total compensation of $50,000" and this version states, "average annual salary of $40,000". This was done to be consistent between the new construction and the expansion or modernization.

Page 2, Section 4 The prior policy included a section entitled "Recapture" which stated, "If the terms of the tax abatement agreement are not met, the City Council has the right to cancel or amend the abatement agreement. In the event of cancellation, the recapture of abated taxes shall be limited to the year (s) in which the default occurred, or continued." It is not included in the current draft. The attorneys recommended deleting this because it is provided for in the actual tax abatement agreements.

Motion was made to approve Resolution No. 01-037, Adopting the Tax Abatement Policy as presented with the change as noted by Director Last.

Motion: Standerfer

Second: DuPre

Ayes: Standerfer, DuPre, Potter, Evans, Stephen, Shankland, Stacy

Nays: None

Approved: 7-0 vote

Agenda Item #7-C, Resolution No. 01-038, Approving the Terms and Conditions of an Agreement by and among the City of Southlake and Verizon

Resolution No. 01-038, Approving the terms and conditions of an agreement by and among the City of Southlake, Texas, and Cellco Partnership dba Verizon Wireless; establishing and providing for tax abatement; and authorizing its execution by the Mayor.

Director of Economic Development Greg Last stated the tax abatement agreement addresses the length of time of the tax abatement, extent of abatement granted, and threshold for performance by both entities. Major highlights include:

Page 2, Section 1.G You might want to pay attention to this particular definition. It is fairly critical and used throughout the agreement.

Page 3, Section 2.A These are the thresholds the company must meet in order to be granted tax abatement.

Page 4, Section 3.C This section shows the step-down tax abatement percentages over the 4-year period.

Page 4, Section 3.E This section is an incentive (10% for 5 years) to be added to the NOCC premises if a second building greater than 200,000 square feet is constructed in Southlake on a site other than the NOCC site.

Mr. Last asked Council to look at Tab #6 in the document and suggested the following changes: On page two, delete the start date; Page three, change thresholds to abatement document and combine the real and personal property; Page 3.D. change to 300 full time employees as of the time the certificate of occupancy is issued.

Motion was made to approve Resolution No. 01-038, incorporating the changes as noted above made by Greg Last, Director of Economic Development.

Motion: DuPre

Second: Stephen

Ayes: DuPre, Stephen, Shankland, Standerfer, Potter, Evans, Stacy

Nays: None

Approved: 7-0 vote

Agenda Item #7-D, Resolution No. 01-039, Approving the Terms and Conditions of a program to promote economic development.

Resolution No. 01-039, Approving the terms and conditions of a program to promote economic development and stimulate business and commercial activity in the city; and authorizing the Mayor to execute an agreement with Cellco Partnership dba Verizon Wireless for such purposes.

Director of Economic Development Greg Last stated the Chapter 380 agreement is basically the document that summarizes all incentives or commitments by either party that are not in the tax abatement agreement. The construction sales tax capture was also used with Sabre and is working fine. Major highlights include:

Page 3, Section 4.a This section is where we formalize the construction sales tax process. Basically the company establishes administrative procedures to take possession or purchase construction materials on the job site in Southlake. The sales tax is collected in Southlake, paid to the Comptroller’s office, who quarterly forwards to the City. The company documents what they have collected and submit a schedule to the City. The City pays the company the .5% amount. This provision allows the City to collect 1.5% sales tax on items that we otherwise might not have collected. The full amount goes to the SPDC and CCPD and .5% still goes to the general fund.

Page 3, Section 4.b This is where it documents the fee waivers and reductions. These are as we previously discussed. Note that this applies to Phase I initial construction as well as future phases of "initial construction" only, not to redevelopments, remodeling, etc.

Page 4, Section 5 This section itemizes the commitments of the company. These items must occur, or they would be in default.

Page 6, Section 10.b This section requires that if the company is in default, the City be entitled to recovery of the fees not charged and the sales tax payments.

Mr. Last stated on page 4, that be changed to 400 employees at the date the Certificate of Occupancy is issued or as of January 2004.

Motion was made to approve Resolution No. 01-039, with the amendments as outlined in the June 19 memorandum from Mr. Last [attached hereto and made a part hereof]

Motion: Standerfer

Second: DuPre

Ayes: Standerfer, DuPre, Potter, Stephen, Evans, Shankland, Stacy

Nays: None

Approved: 7-0 vote

Agenda Item 7-E, Ordinance No. 480-144A, 2^nd Reading (ZA 01-038)

Ordinance No. 480-144A (previously referenced as Ordinance No. 480-369), 2^nd Reading (ZA 01-038), Rezoning on property legally described as Tract 2C1A, T.M. Hood Survey, Abstract No. 706, and being 1.00 acre. Currently zoned as "AG" Agricultural with a requested zoning of R-PUD" Residential Planned Unit Development.

Senior Planner Dennis Killough presented ZA 01-038 noting that a request for R-PUD zoning requires a concept plan or development plan along with the zoning request. Due to the limited scope of this request and the fact that this parcel is being combined with an existing RPUD, no plan was required. The applicant bought the property from Estelle Shuping and desires to combine the property with his lot in Coventry Manor. This application will bring the lot into conformance with the City’s subdivision regulations. The item was approved by the Planning and Zoning Commission (6-1) on May 17, 2001.

PUBLIC HEARING: No comments were made during the public hearing.

Motion was made to approve Ordinance No. 480-144A, 2^nd reading, as set forth in agenda item #7-E.

Motion: Standerfer

Second: Stephen

Ayes: Standerfer, Stephen, Evans, Shankland, Potter, Stacy

Nays: None

Approved: 6-0 vote (Councilmember DuPre was out of the room and did not vote on this item).

Agenda Item #7-F, Ordinance No. 480-367, 2^nd Reading (ZA 01-047)

Ordinance No. 480-367, 2^nd Reading (ZA 01-047), Rezoning on property legally described as Tract 2C1, T.M. Hood Survey, Abstract No. 706, and being 1.3 acres. Current zoning is "AG" Agricultural District with a requested zoning of "SF-1A" Single Family Residential District.

Senior Planner Dennis Killough stated a zoning request to "SF-1A" does not require a Concept Plan Review by Staff. The applicant is zoning and platting the property to prepare the lot for construction of a house. This case is related to case Number ZA 01-038 regarding the required plat and zoning in Coventry Manor. Both parcels were originally owned by Estelle Shuping and both applications are being processed to comply with subdivision regulations. He stated the Planning and Zoning Commission approved this item at their May 17, 2001, meeting with a (7-0) vote.

PUBLIC HEARING:

No comments were made during the public hearing.

Motion was made to approve Ordinance No. 480-367, 2^nd Reading, as presented.

Motion: Standerfer

Second: Evans

Ayes: Standerfer, Evans, Shankland, DuPre, Potter, Stephen, Stacy

Nays: None

Approved: 7-0 vote

Agenda Item 8-A, Ordinance No. 480-370, 1^st Reading (ZA 01-040)

Ordinance No. 480-370, 1^st Reading (ZA 01-040), Rezoning and Concept Plan for Siena, on property legally described as Tracts 6, 6C4, 6E, and 6F1A in the J. G. Allen Survey, Abstract No. 18, and being 28.362 acres of land. Current zoning is "AG" Agricultural and "SF-1A" Single Family Residential District. Requested zoning is "SF-20A" Single Family Residential District.

Senior Planner Dennis Killough stated the owner of this property is Joyce Owens and Richard Reutlinger and the applicant is Paramount Land Development. The purpose of this request is to obtain zoning and concept plan approval for a 43 lot residential subdivision. There is no current development history on this property.

Water & Sewer, Drainage, and Transportation Assessment were all discussed for this case. The Planning and Zoning Commission approved (7-0) this case at their June 7, 2001, meeting. The motion included: "Approved subject to the Concept Plan Review Summary No. 3, dated June 1, 2001; with the following stipulations: 1) Lots 18, 19, and 20, shall meet requirements for lots adjacent to platted "SF-1A" property (minimum 30,000 square feet lot area, 125’ lot width); 2) Live tree buffer will be planted along Lots 1-3, adjacent to the property owned by Mr. Weisman and the deed restrictions for the subdivision will reflect that this buffer will be maintained in perpetuity; 3) In lieu of providing a street stub to Michael Drive (east boundary), the applicant will install a 24’ emergency access easement driveway with a locked gate with an approved emergency access entry system."

Councilmember Keith Shankland had questions regarding "the flood plain being reclaimed and a new floor plain line being developed." Senior Engineer Charlie Thomas stated that without looking at the hydraulic calculations, it is hard for him to comment on this.

Ken Mitchell, Paramount Land Development (applicant). Mr. Mitchell stated at the July 17, 2001, City Council meeting he will be prepared to make a full presentation. He stated they have had conversations with 95% of the surrounding property owners. He stated they are asking to redevelop a portion of the City of Southlake, and they want to create a "little village." He stated they want to do something special here, and the problem he sees with the project is the Michael Drive issues. Mr. Mitchell stated regarding the flood analysis that it will cost them about $30,000 to complete, and they do not want to spend those dollars until they know they have the full support of the City Council. Mitchell stated he is asking for R-20 zoning because of the economic cost of serving this property [water, sewer, etc.].

Mr. Mitchell noted they are prepared to move forward but wants to make his full presentation during the next City Council meeting.

Mayor Stacy commented that he thinks this is a tough deal as there are problems everywhere.

Councilmember Rex Potter stated he feels they need to buy more property and that he wants to see a better plan with larger lots.

Councilmember Keith Shankland stated it bothers him to see someone fill in the lot and have someone else build a home on it. He expressed his concerns with reclaiming property. This is an incomplete puzzle that needs more parts to it.

Councilmember Tom Stephen stated he attended the Planning and Zoning Commission meeting and three or four property owners were present, and they were for this plan. He stated if anyone can develop the property and put the money into it, this developer can do it.

Councilmember Ralph Evans stated he also attended the Planning and Zoning Commission meeting, and the P & Z members were in favor of it. He suggested going forward with approving this first reading and giving the developer more time to work with the adjoining property owners prior to the second reading.

Mayor Stacy stated he does not like this plan; there are problems in every direction. The property to the north needs to be tied into this plan, or it may hurt the property owner.

Motion was made to approve ZA 01-040, subject to the Concept Plan Review Summary #3 dated June 1, 2001; subject to the recommendation made by the Planning and Zoning Commission; encouraging the developer to go to the adjacent neighbors to plan with the adjacent property owners for future development of their property.

Motion: Standerfer

Second: Stephen

Ayes: Standerfer, Stephen, Evans, DuPre, Stacy

Nays: Potter, Shankland

Approved: 5-2 vote

The Developer, Mr. Mitchell, noted that he cannot force people to sell their property to him.

Agenda Item #2-A, Executive Session

Agenda Item #2-B, Action Necessary/Executive Session

1) Motion was made to proceed with acquisition of real property as discussed in executive session.

2) Motion was made to approve the negotiations of the contract for real property as discussed in executive session.

3) Motion was made to table the appointment of Judge of Municipal Court Judge [Agenda Item #9-A].

Motion: Standerfer

Second: DuPre

Ayes: Standerfer, DuPre, Potter, Stephen, Evans, Shankland, Stacy

Nays: None

Approved: 7-0 vote

Agenda Item #9-B, Resolution No. 01-036, Appointment to the Crime Control and Prevention District

Motion was made to remove this item from the agenda.

Motion: DuPre

Second: Stephen

Ayes: DuPre, Stephen, Evans, Shankland, Standerfer, Potter, Stacy

Nays: None

Approved: 7-0 vote (to remove from agenda).

Agenda Item #9-C, Resolution No. 01-041, Appointments to the Building Board of Appeals

Motion was made to approve Resolution No. 01-041, naming Theresa Brewton Lyons, George Dalton, John Reynal and Jim Johnson [alternate #2] to the Building Board of Appeals for terms to expire in May 2003.

Motion: DuPre

Second: Standerfer

Ayes: DuPre, Standerfer, Potter, Stephen, Evans, Shankland, Stacy

Nays: None

Approved: 7-0 vote

Agenda Item #9-D, Resolution No. 01-042, Appointments to the Joint Drug and Alcohol Awareness Committee.

Motion was made to table Resolution No. 01-042, appointments to the Joint Drug and Alcohol Awareness Committee to the July 17, 2001, City Council meeting.

Motion: DuPre

Second: Standerfer

Ayes: DuPre, Standerfer, Potter, Stephen, Evans, Shankland, Stacy

Nays: None

Approved: 7-0 vote (to table)

Agenda Item #9-E, Resolution No. 01-043, Appointment to the Joint Utilization Committee

Motion was made to appoint Patsy DuPre as Council representative to the JUC for a term to expire in 2003, in Resolution No. 01-043.

Motion: Standerfer

Second: Potter

Ayes: Standerfer, Potter, Stephen, Evans, Shankland, DuPre, Stacy

Nays: None

Approved: 7-0 vote

Agenda Item #9-F, Resolution No. 01-044, Appointments to the Library Board

Motion was made to approve Resolution No. 01-044, appointing the following members to the Library Board: Maria Cameron, Brent Burford, Karen Cienki and Linda Study for terms to expire in May 2003.

Motion: DuPre

Second: Potter

Ayes: DuPre, Potter, Stephen, Evans, Shankland, Standerfer, Stacy

Nays: None

Approved: 7-0 vote

Agenda Item #9-G, Resolution No. 01-045, Appointments to the Senior Advisory Commission

Motion was made to table Resolution No. 01-045, appointments to the Senior Advisory Commission until the July 17, 2001, City Council meeting.

Motion: DuPre

Second: Stephen

Ayes: DuPre, Stephen, Evans, Shankland, Standerfer, Potter, Stacy

Nays: None

Approved: 7-0 vote (to table)

Agenda Item #9-H, Resolution No. 01-046, Appointment of a Council appointee to the Southlake Library Foundation

Motion was made to approve Resolution No. 01-046, appointing Rex Potter as a members of the Southlake Library Foundation for a two year term, to expire in May, 2003.

Motion: DuPre

Second: Standerfer

Ayes: DuPre, Standerfer, Potter, Stephen, Evans, Shankland, Stacy

Nays: None

Approved: 7-0 vote

Agenda Item #9-I, Resolution No. 01-047, Appointment of a Council Representative as Liaison to DFW Airport

Motion was made to approve Resolution No. 01-047, appointing Councilmember Keith Shankland as the DFW Airport Liaison for a term to expire in May, 2002.

Motion: DuPre

Second: Standerfer

Ayes: DuPre, Standerfer, Potter, Stephen, Evans, Shankland, Stacy

Nays: None

Approved: 7-0 vote

Agenda Item #10-A, Town Hall Use Policy

Assistant to the City Manager John Eaglen was prepared to present the Town Hall Use Policy to the City Council for approval, however due to the late hour, this item was not discussed tonight.

Motion was made to approve tabling the consideration of the Town Hall Use Policy until the July 17, 2001, Regular City Council meeting.

Motion: Standerfer

Second: Potter

Ayes: Standerfer, Potter, Stephen, Evans, Shankland, DuPre, Stacy

Nays: None

Approved: 7-0 vote

Agenda Item #12, Adjournment

The Regular City Council meeting was adjourned by Mayor Rick Stacy at 1:19 a.m.

Mayor Rick Stacy

ATTEST:

Sandra L. LeGrand

City Secretary