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Item 4BCity of Southlake, Texas MEMORANDUM August 13, 2003 TO: Honorable Mayor and Members of City Council FROM: Billy Campbell, City Manager SUBJECT: Agenda Item Comments and Other Items of Interest for City Council Meeting August 19, 2003 4A.1 Mayor's Report - Proclamation for National Alcohol and Drug Addiction Recovery Month. Tarrant County Challenge, Inc., has asked Southlake to join The White House, Substance Abuse and Mental Health Administration, Office of National Drug Control Policy, and other cities in Tarrant County, as well as cities across the nation, to recognize the disease of addiction and the importance of recovery. Barbara Hope from Tarrant County Challenge, Inc., will be present to receive this proclamation. Contact Lori Farwell if you have any questions. 5A. Approve the minutes of the regular City Council meeting held on August 5, 2003 The minutes are included on your CD. If you have any questions or changes, contact Lori Farwell. 5B. Approve an amendment to TIF Participation Agreement with Tarrant County If you recall, we have discussed increasing Tarrant County's participation in the TIF. The original participation agreement in 1998 stated that Tarrant County would contribute the annual tax increment produced from property located in the reinvestment zone, up to a maximum cumulative deposit of $4,664,000 to the Tax Increment Fund. The agreement also provided for the County to have an interest of 20% usage and title ownership of the planned Town Hall government building. This amendment will increase their usage and title ownership of Town Hall to 25% with a total maximum cumulative deposit of $6,864,000. In short, this amendment brings an additional $2,200,000 in TIF funding. However, this amendment also reduces the City's ownership of Town Hall from 80% to 75% (currently we are operating approximately 75% of the facility). Tarrant County Commissioners are scheduled to vote on this amendment at their August 26 meeting. If you have any questions related to this item you may contact Sharen Elam or myself. Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest City Council Meeting August 19, 2003 Page 2 of 22 5C. Authorize conveyance of interest in Town Hall site to Tarrant County This agenda item is related to item 5B and 5D. The is the formal action to approve conveyance of 25% fee simple interest of Town Hall to Tarrant County. You may contact Sharen Elam or me with any questions. 5D. Approve Interlocal Agreement with Tarrant County for Town Hall This agreement outlines the specific details as to usage, and operation of the Town Hall government building. As previously mentioned, we will have joint ownership with Tarrant County with a 75/25 split. Operational and capital cost will be allocated in the same proportion as we share ownership (75/25). Except for emergency expenditures, expenditures for capital expenses in excess of $25,000 shall not be made without approval of the governing bodies of the City and the County. The exhibits are not included with the agreement. The final exhibits will be provided on Tuesday evening. The Finance Department has invoiced and Tarrant County has paid 25% of the operational costs related to Town Hall for 2001 and 2002 fiscal years (approximately $98,000 total for both years) in anticipation of this interlocal agreement. You may contact Sharen Elam or me with any questions. 5E. Resolution No. 03 -065, Appoint members to the Crime Control and Prevention District Board There are four Crime Control and Prevention District Board positions that expire September 1, 2003 including Martin Schelling, Pam McCain, Frank Pitman and Lou Ann Heath. We have received applications from Frank Pittman, Martin Schelling, James Lair, and Pam McCain and have included hard copies of these applications in your packet. The City Secretary's Office expects to receive an application from Lou Ann Heath next wee. If more applications are received after packets go out, we will give those to you at the meeting. Contact Lori Farwell if you have any questions. 5F. Resolution No. 03 -066, Appoint two alternate members to the Senior Advisory Commission In 1996, Ordinance No. 653 established the Senior Advisory Commission and was amended in 1998 by Ordinance No. 653 -A which added two alternate members to the Commission. It was discovered after the July 29, 2003, appointments were made by City Council that the City Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest City Council Meeting August 19, 2003 Page 3 of 22 Secretary's Office did not have record of Ordinance No. 653 -A, and therefore, the alternate positions were not filled at that time. The City Secretary's Office has since executed Ordinance No. 653 -A and has prepared Resolution No. 03 -066 for Council's appointment of two alternates. Cleta Pierce is currently serving as Alternate #1 and has reapplied for that position. In addition to Cleta's application, we have received applications from Jean Boland, Dorothy Cosgrove, and Idilia Johnston. Hard copies of these four applications are included in your packet. Contact Lori Farwell if you have any questions. 5G. Approve an addendum to 2003 Facilities Utilization Agreement with Grapevine - Southlake Soccer Association With the construction of the new facility at Bob Jones Park, a need exists for an interim concession agreement to provide GSSA the opportunity to offer concession sales during the 2003 fall season. A concessions agreement does not exist within the current Facilities Utilization Agreement between the City of Southlake and the Grapevine Southlake Soccer Association (GSSA). As indicated, the proposed addendum remains valid only through the upcoming Fall season to allow the Concessions Task Force time to review and make recommendations prior to the 2004 seasons. As part of the proposed addendum, the City reserves the right to utilize the concession stand when not in use by GSSA and modifications to the structure are strictly prohibited without the express written consent of the Director of Community Services. The City holds responsibility for utilities (water and electric) and structural and mechanical maintenance. The proposed addendum is consistent with the concession agreements currently in place between the City and the baseball and softball associations. The President of the Grapevine Southlake Soccer Association reviewed and accepted the proposed addendum. The Parks and Recreation Board considered this item and recommended approval (7 -0) at their August 11, 2003, meeting. Contact Malcolm Jackson if you have any questions. 7A. Ordinance No. 480 -420, (ZA03 -020) 2nd Reading, Zoning Change and Concept Plan for Chapel Hill Office Park This property is located at 205 E. Southlake Boulevard (FM 1709). The current zoning is AG, the requested zoning is S -P -2, with 0-1 office district uses and Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest City Council Meeting August 19, 2003 Page 4 of 22 regulations. The purpose of this request is to receive approval of the zoning and a concept plan for the development of seven office buildings. Under the S -P -2 site plan district zoning the applicant proposes the following: • Maximum Impervious Coverage: The overall site shall not exceed 65% impervious coverage. However, individual lots shall not exceed 80% impervious coverage. • Bufferyards: Bufferyards along the perimeter site boundary shall adhere to the requirements of Sections 42 & 43, except that no bufferyards shall be required along lot lines interior to the site. Variances are requested for the following: • Stacking Depth: Stacking depth for the proposed drive is required to be 75'. The applicant is showing a stacking depth of 41'; • Driveway Spacing: Driveway spacing is 500' for full- access drives on Southlake Blvd (FM 1709). The nearest drive to the west is 355' from the proposed driveway and nearest intersection to the east is 470'; • Street Frontage: All lots must front on a street. The applicant proposes lots to front on a common access easement. The plan presented to the Planning and Zoning Commission proposed nine (9) office buildings, a building floor area range of 3,500 SF to 11,800 SF and a total floor area of 55,100 SF. The Planning and Zoning Commission had concerns about the density of the project, the on -site parking deficiency, the distance of the parking spaces to the buildings and lack of walkways. The Planning and Zoning Commission recommended denial (5 -0) on June 5, 2003. The property owner to the east is also in opposition to this request. This opposition accounts for approximately 26% of the surrounding property area within 200' of the site. Due to the recommendation for denial by the Planning and Zoning Commission and opposition in excess Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest City Council Meeting August 19, 2003 Page 5 of 22 of 20% of the surrounding properties within 200', the affirmative vote of at least 3 /4th of the members of the City Council (6 of 7) is required to approve this request. The plan presented to the City Council for first reading contained the following changes to the plan presented to the Planning and Zoning Commission meeting: • Eliminated one (1) building in the southeast corner of the site (total of eight buildings now proposed); • Building floor area range of 4,000 SF to 16,800 SF; • Total floor area 55,600 SF (increase of 500 SF). The City Council approved the first reading (7 -0) on June 17, 2003, subject to review summary and granting the requested variances. The following changes have been made to the plan since the first reading approval: • Eliminated one (1) building along the west side of the property (total of seven buildings now proposed); • Building coverage reduced by approximately 5,800 SF; • Total floor area reduced from 55,600 SF to 54,800 SF (800 decrease); • Two buildings along the south property boundary changed to two story. The additional open space created by the elimination of one of the buildings has been placed in an area that staff believes benefits only a few buildings on the property and does not provide any visual benefits along Southlake Boulevard. Staff has added a comment to the review recommending that the open space be adjusted to provide these benefits. Staff has also added a comment recommending that the impervious coverage regulation for the development be adjusted from the maximum 65% to match the plan as currently presented. Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest City Council Meeting August 19, 2003 Page 6 of 22 Contact Bruce Payne or Dennis Killough if you have any questions. 7B. Ordinance No. 480 -421, (ZA03 -023), 2 " Reading, Zoning Change and Development Plan for Estes Park This 31.3 acre property is located on the south side of E. Dove Street, 900' east of Ridgecrest Drive. The land use designation is Low Density Residential. The current zoning on the property is AG and the proposed zoning is RPUD. This application was originally submitted to the Planning and Zoning Commission as a SF -20A zoning request with a concept plan proposing 48 lots averaging approximately 24,000 SF, a density of 1.5 DU /Ac. and no open space. Following public comment and direction from the P &Z, the applicant amended the request to an RPUD and tabled to revise the plan. The new plan proposed 49 lots averaging 19,000 SF, a density of 1.6 DU /Ac. and 3.3 acres of open space (11 %). At the P &Z meeting on July 17, the applicant presented an alternate plan having 46 lots, average lot size of 20,425 SF, a density of 1.47 DU /Ac. and approximately 4.4 acres of open space (14 %). The proposed RPUD regulations are described in the staff comments of attachment 'A' in your staff report. The Planning and Zoning Commission recommended approval (4 -1) subject to development plan review summary No. 4, dated July 11, 2003, specifically stipulating the approval of the plan containing 46 lots; that the perimeter fencing will be at least 6' high and made of wrought iron, with posts placed in such a way that it will preserve existing trees; a berm with appropriate ground cover will be installed in the lot owned by Paul and Marsanne Howard adjacent to those identified in the plan as lots 13 & 14 of Estes Park; subject to compliance with noise level reduction as specified in Ordinance 479; there will be a 20' buffer line installed along the north side of lot 14 as identified in the Estes Park plan; and within that buffer line, no trees will be removed. Vice - Chairman Terrell dissented stating that the plan is too dense. The City Council approved the first reading of this request (5 -0) subject to the Planning and Zoning Commission's recommendation and acknowledging the uniqueness of this property and area. There has been no change to this proposal since the first reading approval. Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest City Council Meeting August 19, 2003 Page 7 of 22 Contact Bruce Payne or Dennis Killough if you have any questions. 7C. ZA03 -024, Preliminary Plat for Estes Park This is the plat for the previous item on your agenda. There are no differences between the development plan submitted with the RPUD zoning request and the plat. For convenience of processing, the applicant has submitted a single plan that meets the application requirements for both items. The Planning and Zoning Commission recommended approval (4 -1) subject to the review summary and subject to the conditions of the zoning change approval of Case ZA03 -023. Vice- Chairman Terrell dissented feeling that the plan was too dense. Contact Bruce Payne or Dennis Killough if you have any questions. 7D. Ordinance No. 480 -423, (ZA03 -029), 2 " Reading, Zoning Change and Concept Plan for Stratfort Parc This is a 14.6 acre property located on the west side of S. White Chapel Boulevard, 600' south of W. Southlake Boulevard (FM 1709). The land use designation is medium density residential, the current zoning is AG and SF-IA. The proposed zoning is SF- 20A. The plan proposes 23 lots averaging ± 24,000 SF and a density of 1.6 DU /Ac. There are no variances requested. The P &Z recommended approval (5 -0) subject to the concept plan review and the City Council approved the first reading (5 -0) subject to the review summary. There have been no changes to this proposal since the first reading approval. Contact Bruce Payne or Dennis Killough if you have any questions. 7E. ZA03 -040, Preliminary Plat for Stratfort Parc. This is the plat for the previous item on your agenda. There are no differences between the concept plan submitted with the SF -20A zoning request and the plat. For convenience of processing, the applicant has submitted a single plan that meets the application requirements for both items. Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest City Council Meeting August 19, 2003 Page 8 of 22 The Planning and Zoning Commission recommended approval (5 -0) subject to the review summary. Contact Bruce Payne or Dennis Killough if you have any questions. 7F. Resolution No. 03- 067,(ZA03 -053), Specific Use Permit for the sale of alcoholic beverages s at Baja Fresh Mexican Grill This property is located at 2707 East Southlake Boulevard (FM 1709), Suite 100, at the southeast intersection of S. Nolen Drive and E. Southlake Boulevard just north of Ultimate Electronics. There are no unresolved issues with this request. The Planning and Zoning Commission recommended approval (7 -0) for the term of the applicant's lease. Contact Bruce Payne or Dennis Killough if you have any questions. 7G. Ordinance No. 717 -D, 2 " Reading, Amend Ordinance No. 717, designating the speed limit within the Park Place Addition as 25 mph The Public Works Department has received a petition of request from the Park Place Homeowners Association for the City Council to consider reducing the speed limit in the Park Place Addition to 25 mph. The petition includes the signatures of 79.5% of the property owners in the Park Place Addition. Historically, the City Council has requested that a minimum of 75% of property owners in the subdivision petition the City Council for a change in the speed limit. The Park Place Addition is located on the east side of S. Peytonville Ave. south of and adjacent to Carroll High School. The cost of changing the speed limit will be in the range of $400 to $600, depending upon the number of signs needed. Funds for this project are available in the current street maintenance operating budget. Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest City Council Meeting August 19, 2003 Page 9 of 22 Staff recommends that Council approve Ordinance No. 717 -D, 2nd reading, amending Ordinance 717; designating the speed limit within the Park Place addition as 25 mph, specifically Park Place, Boardwalk Avenue and Park Place Court. City Council approved the ordinance on first reading at the August 5, meeting. Contact Pedram Farahnak if you have any questions. 7H. Resolution No. 03-046, a Mass Gathering Permit for events associated with Oktoberfest. Oktoberfest is an annual event sponsored by the Southlake Chamber of Commerce, Town Square, and the City of Southlake. It is scheduled for October 3 -5, 2003 at Town Square. The Specific Use Permit for both the event and the approval for sale of alcohol were approved at the August 5, 2003, City Council meeting. This mass gathering permit had been tabled to allow for additional information to be submitted in the permit request and to allow for appropriate review. The current mass gathering ordinance is under revision due to its age and outdated regulations. The Chamber of Commerce has worked diligently to coordinate all safety elements with the Department of Public Safety and have complied with all necessary requirements. Staff concurs with granting the variances requested in the permit application. Variances include the number of police officers required, the number of toilet facilities required, the minimum area per attendee, and the investigation by the Health Officer of all food vendors. Last year's event provided adequate experience for the Department of Public Safety to determine appropriate staffing of officers. Toilet facilities are adequate due to the number of facilities available at Town Square. Town Square area easily accommodated the size of the crowd last year and individuals attending did not stay overnight or for long periods of time. And all food vendors will have both food handling and vehicle vending inspectional permits. Contact Rick Black if you have any questions. 8A. Ordinance No. 480 -231b, (ZA03 -033), 1 st Reading, Zoning Change and Site Plan for Medical Air Services This property is located at 1250 West Southlake Boulevard (FM 1709), east of the Southridge Lakes amenity center. The purpose of this request is to amend the current S -P -1 Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest City Council Meeting August 19, 2003 Page 10 of 22 zoning to allow a covered deck and balcony along the west side of the building and IT - 5" building setback for the deck structure only. All other uses and regulations for the S -P -1 zoning will remain unchanged. The purpose for the deck structure is to provide a covered break and lunch area for employees. The Planning and Zoning Commission recommended approval (7 -0) subject to the review summary. Contact Bruce Payne or Dennis Killough if you have any questions. 8B. Ordinance No. 480- 425,(ZA03 -052), l Reading, Zoning Change for Tracts 2B & 2C, C. Dart Survey, Abstract No. 2003. This property is located at the southwest corner of W. Dove Road and N. Peytonville Avenue. This site is approximately two acres. The current zoning is AG and the requested zoning is SF -IA. Each tract currently has an existing single family residence on it. Although a plat has not been submitted yet, it is staffs understanding based on discussions with the applicant that they intend to combine an adjoining narrow strip of property on the south that is already zoned SF -IA with this property, remove the existing residences, plat and build two new residences. By doing this, after required right -of -way is dedicated for both Dove and Peytonville, each lot should have a net one acre of land or more. The Planning and Zoning Commission recommended approval (7 -0) as presented. Contact Bruce Payne or Dennis Killough if you have any questions. 8C. Ordinance No. 480 -330b, (ZA03 -057), 1` Reading, Zoning Change and Site Plan for Carroll ISD No. 6 Addition. The purpose of this request is to revise the fencing and bufferyard requirement along the west property boundary of Dragon Stadium. You may recall that with the approval of the additional seating and parking revision to accommodate the Dallas Burn, an 8' wall and bufferyard were required along the common boundary with Mr. Kaposta. The school and Mr. Kaposta have come to an agreement to eliminate the wall and leave the natural vegetation intact along his boundary. There are no other changes proposed. All other conditions of the previous approval are to remain in affect. Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest City Council Meeting August 19, 2003 Page 11 of 22 The Planning and Zoning Commission recommended approval of the requested site plan change (7 -0) waiving the screening and plant requirements in the west bufferyard adjacent to Mr. Kaposta, but requiring that the CISD maintain the existing vegetation in perpetuity. Contact Bruce Payne or Dennis Killough if you have any questions. 8D. Ordinance No. 854, I st Reading, Amend Chapter 12, Section 77, of the Southlake City Code to increase the number of members on the Park and Recreation Board from seven to nine, adding places eight and nine. As you are aware, the recent appointments to the Parks and Recreation Board increased the total number of places from seven to nine. Chapter 12 of the Southlake City Code allows for no more than seven members. In order to modify the existing Parks Board structure to coincide with the recent appointments, approval of a new Ordinance No. 854 is required. The proposed ordinance will increase the number of Parks and Recreation Board members from seven to nine, with four (4) places expiring in 2004, and five (5) places expiring in 2005. This is the first of two required readings with the second reading scheduled for City Council consideration on September 2, 2003. Contact Malcolm Jackson if you have any questions. 9A. Resolution No. 03 -062, Authorize the Board of Directors to revise the Bylaws of Tax Increment Reinvestment Zone Number One, City of Southlake, Texas, Article II, Section 3: Regular Meetings, and Article II, Section 6: Conduct of Business - The City Council approved the Bylaws of the Tax Increment Reinvestment Zone Number One, City of Southlake, Texas (the 'Bylaws ") on February 15, 2000. A recommendation from the TIRZ Board of Directors regarding this resolution is on their meeting agenda in advance of the City Council meeting. As an advisory body, the TIRZ Board of Directors must have City Council approval of the authorization, content, and form of amendments to the Bylaws prior to their taking action to revise them. The proposed Bylaw amendments are the following: Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest City Council Meeting August 19, 2003 Page 12 of 22 • Article II. • Board of Directors; Section 3: Re ,-ular Meetinzs - These are housekeeping amendments that provide for flexibility in scheduling regular meetings (by minute order versus resolution) and provides for standard and consistent notification procedures for regular and special or emergency meetings (proposed Section 3 wording already exists in Article II, Section 4). • Article II. • Board of Directors; Section 6: Conduct of Business - The duties of the Secretary and the City Secretary are identical, and for tracking purposes there are benefits to having the City Secretary perform the Secretary function of the TIRZ Board of Directors. Examples include the following: ► Efficiency and effectiveness in the updating, maintenance, and distribution of the Bylaws upon amendment to both the City Council and members of the Board of Directors. ► As City Council also sits on the Board of Directors, having the City Secretary serve as the Board of Directors Secretary is consistent with the City Charter provisions of the ability of the City Secretary to have a seat at the table at all official meetings of the Council. ► Finally, this amendment relieves the Board of Directors from having to elect a Secretary on an annual basis. These amendments were brought forward last year in conjunction with a request from Cooper and Stebbins to consider increasing the City Council's appointees to the Board of Directors to include a representative of the Town Square developer. During consideration of this item at their August 6, 2002 meeting, the Board of Directors elected to not make a request to the City Council to revise the Bylaws at that time. At their January 21, 2003 meeting, during consideration of electing officers for the coming year, the Board of Directors requested that staff bring forward the proposal regarding the City Secretary in order to streamline the secretarial function. Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest City Council Meeting August 19, 2003 Page 13 of 22 Contact John Eaglen with questions relating to this agenda item. IOA. Consider a conditional sign permit for Southlake Town Square, Block 23, under Section 6.A of Sign Ordinance No. 704 -A. Frank Bliss, representing Southlake Town Square, is requesting a conditional sign permit for Block 23 of Southlake Town Square located at the Northeast corner of East Southlake Boulevard and Summit Ave. The provisions of the requested permit would duplicate those of the existing conditional permit for Southlake Town Square Phase L Contact Rick Black with questions or comments. IOB. Consider a conditional sign permit for Gateway Plaza, Phase II, Lot IRS, Block 1, located at 2550 East Southlake Boulevard under Section 6.A of Sign Ordinance No. 704 -A Terry Wilkinson of Wyndham Properties II Ltd., on behalf of Gateway Plaza II, a retail shopping development, is requesting approval of a conditional sign permit for Lot 1R5 of Block 1 within Gateway Plaza IL This permit would duplicate the provisions of the existing Gateway Plaza II conditional permit. Contact Rick Black with questions or comments. IOC. Approve a variance to Sign Ordinance No. 704 -A for Car Toys located at 2550 East Southlake Boulevard. Terry Brockett of Starlite Signs, on behalf of Car Toys, is requesting a variance to install three signs along a single street frontage. The ordinance allows one sign along a street frontage. While the individual signs meet the requirements of the conditional sign permit for Gateway Plaza, the number of signs allowed is regulated under Section 16.A.4 of Sign Ordinance 704 -A. Contact Rick Black with questions or comments. Other Items of Interest Restrictive Covenants. In response to the City Attorney's opinion on the City's enforcement and involvement with restrictive covenants, the Planning Department has added an acknowledgement form prepared by the City Attorney's office that must be signed by all applicants who process development - related cases. Simply put, the form makes the applicant aware that they may have restrictive covenants to abide by and that it is their responsibility to fully investigate their existence and applicability. Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest City Council Meeting August 19, 2003 Page 14 of 22 SRO Change Order for Replacement of the Bicentennial Park entry drive — The City of Southlake entered into an agreement with SRO for the construction of Trail Package 2A in July of 2001 for $1,753,000, with a six percent (6 %) contingency in the amount of $105,180, for a total authorized amount of $1,858,180. Expenditures to -date are $1,737,032, leaving an available project balance of $121,148. Staff anticipates entering into a change order with SRO for the replacement of the Bicentennial Park entry drive. The replacement was previously approved by City Council and budgeted in the Park Dedication Fee Fund ($55,000), but by utilizing the change order process with SRO it provides substantial savings to the City through the elimination of bid document preparations, design fees, and contractor staging. SRO has completed numerous entry way replacements as part of Trail Package 2A and the change order proposal is within the project budget and scope of work. Costs for the Bicentennial Park entry drive improvements will be reimbursed to the Trail Package 2A project from the Park Dedication Fee Fund. Contact Pedram Farahnak or Malcolm Jackson if you have questions. Tree Mitigation and Reforestation Fund Report for period May 1, 2003 through August 1, 2003. TREE MITIGATION CASES Total Number of New Cases: 0 Number of Pending Cases: 4 Total Mitigation Amount (diameter inches): 0" REFORESTATION FUND Reforestation Fund Deposits: $0 Reforestation Fund Expenditures: $1,283 Current Reforestation Fund Balance: $64,245.81 Contact Keith Martin or Malcolm Jackson if you have any questions or would like to obtain any individual case details. Town Hall Use Policy. As we discussed, the Town Hall Use Policy is attached to my memo. Please review and return to me with your recommended changes. Contact me if you have any questions. Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest City Council Meeting August 19, 2003 Page 15 of 22 am Staff Extension Numbers: Black, Rick, DPS Director, 481 -2406 Campbell, Billy, City Manager, 481 -1409 Eaglen, John, Assistant to the City Manager, 481 -1433 Elam, Sharen, Finance Director, 481 -1713 Farahnak, Pedram, Public Works Director, 481 -2308 Farwell, Lori, City Secretary, 481 -1519 Hugman, Kevin, Human Resources Director, 481 -1952 Jackson, Malcolm, Community Services Director, 481 -1527 Killough, Dennis, Senior Planner, 481 -2073 Last, Greg, Economic Development Director, 481 -1671 Martin, Keith, Landscape Administrator, 481 -5640 Payne, Bruce, Planning Director, 481 -2036 Yelverton, Shana, Assistant City Manager, 481 -1429 Policy: Town Hall Use Policy Source: City Council Category: Southlake Town Hall Effective Date: July 17, 2001 Revised Date: -- L Purpose. The purpose of this policy is to serve as a guideline for the management and scheduling of uses within the Southlake Town Hall, to balance the requirements necessary to conduct public business with the needs of citizen and community -based access and use of the Town Hall. H. Building Use Priority. Use of the Southlake Town Hall shall be for the primary purpose of conducting official public business on the behalf of the City of Southlake and Tarrant County. Meetings of the City Council ( "City ") and /or Tarrant County ( "County "), City and /or County Committees, City and /or County appointed boards and commissions, and City and /or County departments shall take precedence over other community uses of the facility. III. Town Hall Facilities and Permitted Uses. A. Third Floor Training Rooms — The third floor training rooms (Rooms #3a, 3b, 3c, and 3d) are available for community uses when they are not previously scheduled for City and/or County business. B. City Council Chambers and the Executive Conference Room — Outside of use by the members of the City Council, the City Council Chambers and the Executive Conference Room are available only to City and/or County decision making bodies (please refer to Appendix "A" for further clarification). C. Mayor's Office — As the official office of the Mayor and City Council, this area is not available for community use. D. Foyer Area — The Foyer area is available for community use during non - business hours when the area is not previously scheduled for City and/or County business. Please note that applications for the use of this facility must include a request to hire an off -duty police officer to be present in the building during the entire reservation period (please refer to Section VI(B) of this policy, "Access During Non - Business Hours" for further clarification regarding this requirement). E. Municipal Court and the Southlake Public Library — The Municipal Court and the Southlake Public Library are subject to the individual sets of policies and procedures that guide the management and use of those facilities, as approved and periodically revised by the City and/or the County. F. Fundraising Events in Southlake Town Hall — Fundraising events may be an eligible use in the areas where community use is allowed, provided that that the event is reasonably related to City or County business, or that the request derives from a City- sponsored organization. All fundraising requests are subject to the consideration requirements and approval process (including the assessment, collection, and return of cleanup fees) assigned to community usage of the facility. IV. Approval Process. A. Approval Authority — The City Manager may approve events (or suggest and offer space at an appropriate City facility) that meet the criteria described, and may provide explanation as to other criteria considered in processing the request. B. Request Review — The City Manager or his designee will review and approve or deny the use request based upon criteria including, but not limited to, the following: 1. The request being reasonably related to City or County business; City of Southlake Policies and Procedures 2. The request is of a not - for - profit nature; 3. The facility may not be used for commercial purposes or the promotion or sale of products; 4. The event will not cause a detrimental impact to the City and/or County staff and available resources, or the physical capacity of the requested location to host the event, including, but not limited to: (a) The availability to have City or County staff to accommodate requests for reservations during non - business hours. (b) The parking capacity and the potential impact of the requested event on other planned events. (c) The number of planned participants and the traffic impact upon the location. (d) Other scheduled events and/or uses of the location that increase the usage of the Town Hall facilities above the recommended capacity. C. Appeal of the City Manager's Decision — If the event does not meet the stipulated criteria or the application is not approved, the requestor may petition the City Council for review and approval or denial. The City Council's decision shall be final. V. Scheduling Procedure. A. Required Notice — Written requests in the standard format for reservations shall be submitted to the City Manager's Office for review. In order to consider a request, the City of Southlake must receive the request form for community uses of the building within at least ten (10) business days prior to the requested time. For information regarding reservations within Southlake Town Hall, please contact the Secretary to the City Manager at (817) 481 -1420, or submit a request in writing to the following address: City of Southlake Attn: City Manager's Office 1400 Main Street, Suite #460 Southlake, Texas 76092 B. Required Notice of Cancellation — The City of Southlake requires notice of any cancellations within a forty -eight (48) hour period from the reservation time; failure to comply may be grounds for the City's denial of the privilege of reserving facilities in Southlake Town Hall in the future. C. Non - Approval of Submitted Multiple Dates — In order to maximize the availability of the facility for community use, consideration of requests will be on a case -by -case basis. Multiple dates for community use submitted at one time will not be approved by the City Manager's Office. D. Reservation Overrides — The City of Southlake shall have the authority to schedule priority functions that may necessitate the removal of community use activities previously scheduled. If such change is required, the City Manager or his designee shall notify the contact person identified on the submitted request form to the City Manager's Office as soon as possible, and will attempt to suggest and offer space in another City facility to hold the event. E. Tarrant County Scheduling — As the County is a partial owner in the facility, they may schedule events in their areas (identified in the interlocal agreement entered into by the City and County) as desired, however they will coordinate all scheduled meetings outside of their designated areas with the City Manager's Office. VL Use Regulations. City of Southlake — Town Hall Use Policy Page 17 of 22 City of Southlake Policies and Procedures A. Required Staff Support — Business hours for the Southlake Town Hall are from 8:00 a.m. to 5:00 p.m., Monday through Friday. For reservation requests that are approved for events to be held during business hours, the City Manager will designate a staff official to assist the individual and/or organization during the reservation period. If no staff is available at the reservation time, the meeting request must be scheduled for another time when staffing is available. B. Access During Non - Business Hours — A City and/or County official or a member of the City and/or County staff must be present for all community uses of the facility during non - business hours (times other than 8:00 — 5:00 p.m., Monday through Friday). If there is no such presence planned in the building during a reserved community use, the individual and /or organization submitting the reservation request must pay the cost for a police officer to be present during the reservation period. Approval of requests during non - business hours is also subject to the availability of a police officer to be present at that time. C. Assessment of Cleanup Fees — Upon request approval the applicant will submit to the City Manager's Office the applicable cleanup fee for the event category (please refer to Appendix `B" or to the City of Southlake Fee Schedule for clarification of the applicable fees). Payment of the applicable fee must be received by the City Manager's Office within a forty - eitght (48) hour period from the reservation period, or the approved request is subject to be invalidated. Cleanup fees will be returned to the applicant upon staff review and approval of the condition of the area(s) utilized by the individual and/or organization. If a determination is made that the facility is damaged beyond normal wear and tear, the submitted cleanup fees will be retained by the City. D. Equipment — As general practice, due to the sophisticated systems within Southlake Town Hall and limited staffing, utilization of the building's audio / visual system is prohibited. However the City does have some limited portable audio / visual equipment that is available for use during approved reservations. Please contact the City Manager's Office for a description of such items. E. Access to Parking Adjacent to Town Hall — The City of Southlake and Tarrant County own the parking spaces adjacent to the Town Hall Building. However, as general practice the parking spaces adjacent to the building will not be reserved for the exclusive use of the Town Hall, but will be available for the customers and/or patrons of Town Square. The City of Southlake reserves the right to designate reserved parking spaces in these areas on a temporary basis for use(s) directly related to City and/or County business. F. Prohibited Activities — The following prohibitions shall apply to reservations in the Southlake Town Hall: (a) Decorations — Decorations may not be affixed to any walls, furniture, finishings, or equipment in the Town Hall facilities. Questions regarding allowable decorations may be directed to the City Manager's Office for clarification prior to the reservation time. (b) Smoking and alcoholic beverages — Smoking and alcoholic beverages are not allowed in the Town Hall facility. (d) Possession of firearms — Civilian possession of firearms are prohibited in Southlake Town Hall. G. Other City Meeting Facilities — If the City is unable to grant a space in Southlake Town Hall for a community use, the City Manager or his designee will attempt to provide space at other City facilities to accommodate the request, subject to availability. These other facilities potentially available for public use include the following: (a) Senior Activity Center, 307 Parkwood Drive, (b) Community Center in Bicentennial Park, 400 North White Chapel Boulevard, (c) Department of Public Safety Facilities, 667 North Carroll Avenue and West Site Facility, 2050 W. Southlake Boulevard (upon completion). City of Southlake — Town Hall Use Policy Page 18 of 22 City of Southlake Policies and Procedures VII. Individual and Group Responsibilities. A. Facility Sculp — The responsibility for setting up tables and chairs (if applicable) shall remain with the individuals or organizations making the reservation. The City does not provide staffing or material(s) to aid in the setup or cleanup of the facility. B. Facility Cleanup — If applicable, tables, chairs, and any provided equipment must be returned to the original arrangement when the use of the facility is complete. Individuals and organizations must remove all trash, equipment, and decorations at the end of the reservation time. Facilities must be left in good, clean condition when the activity is complete. Individuals and/or organizations making the reservation shall be responsible for turning off all lights and securing the facility. C. Responsibility for Damages — Individuals or groups making reservations are responsible for any damage to the facility during the reservation period, and cleanup fees may be retained by the City for damages beyond normal wear and tear. In addition, the City reserves the right to assess additional charges for damages as warranted, and that individuals and/or groups are subject to applicable criminal and/or civil penalties. Finally, damages to the facility by individuals or groups may result in the denial of future reservation requests. VIII. Compliance with applicable procedures, policies, and pertinent ordinances. A. Required Compliance — Users must comply with procedures, policies, restrictions, and all pertinent ordinances of the City of Southlake. Any questions arising about items not specifically addressed in this policy should be referred to the City Manager's Office. IX. Non Discrimination. A. Intent of Non Discrimination — The City will not discriminate against any person or persons because of their age, sex, race, religion, color, or natural origin, nor will the City permit the individuals or organizations making the reservations to engage in such discrimination. X. Release of Liability. A. Indemnification — With submittal of the use application, the petitioner agrees to indemnify and hold harmless the City of Southlake, its officers, agents, servants, and employees, from and against any and all claims or suits for bodily injury, illness, death, personal injury or property damage (including, without limitation, reasonable fees and expenses of attorney, expert witnesses and other consultants) arising out of any negligent act or omission committed by the petitioner, its officers, employees, agents, guests, and invitees, in connection with the activities conducted under this agreement. This indemnification shall specifically include any claims arising from the negligence of the City, its agents, officials, and employees. B. Responsibility for Property - The City assumes no responsibility for property placed in the facility in connection with the use of the facility. City of Southlake — Town Hall Use Policy Page 19 of 22 City of Southlake Policies and Procedures Organization: Request submitted by: Date of Event: Please return this form to the City Managers Office at: 1400 Main Street, Suite 460 — Southlake, Texas 76092 Phone (817) 481 -1433 - Fax (817) 481 -1463 Date: Time of Event: From: AM / PM To: Facility Requested: Work Phone: Type of event: Description of Event (includes estimated space and parking requirements, the number of planned participants, an estimated turnover time among participants, the time and resources the petitioner(s) have contributed to the planning of the event, etc.) Contact Person: Home Phone: Address: Mobile Phone: AM / PM City State Zip Email Address (If applicable) WITH SUBMITTAL OF THIS APPLICATION, THE PETITIONER AGREES TO INDEMNIFY AND HOLD HARMLESS THE CITY OF SOUTHLAKE, ITS OFFICERS, AGENTS, SERVANTS, AND EMPLOYEES, FROM AND AGAINST ANY AND ALL CLAIMS OR SUITS FOR BODILY INJURY, ILLNESS, DEATH, PERSONAL INJURY OR PROPERTY DAMAGE (INCLUDING, WITHOUT LIMITATION, REASONABLE FEES AND EXPENSES OF ATTORNEY, EXPERT WITNESSES AND OTHER CONSULTANTS) ARISING OUT OF ANY NEGLIGENT ACT OR OMISSION COMMITTED BY THE PETITIONER, ITS OFFICERS, EMPLOYEES, AGENTS, GUESTS, AND INVITEES, IN CONNECTION WITH THE ACTIVITIES CONDUCTED UNDER THIS AGREEMENT. THIS INDEMNIFICATION SHALL SPECIFICALLY INCLUDE ANY CLAIMS ARISING FROM THE NEGLIGENCE OF THE CITY, ITS AGENTS, OFFICIALS, AND EMPLOYEES. Upon approval, this signed petition entitles the scheduled user to full use of the requested facilities herein. This reservation takes priority over any first -come users or non - reserved parties. Signature of Responsible Person City Manager or his designee Date Date City of Southlake — Town Hall Use Policy Page 20 of 22 City of Southlake Policies and Procedures Appendix A Use of the City Council Chambers and the Executive Conference Room A. Use of the City Council Chambers and Executive Conference Room - The City Council Chambers and the Executive Conference Room shall be reserved for the City of Southlake decision - making bodies. These include the following: • The Southlake City Council; • The Southlake Planning and Zoning Commission; • The Southlake Zoning Board of Adjustment (ZBA); • The Southlake Parks Development Corporation (SPDC); • The Southlake Building Board of Appeals (BBOA); • The Southlake Crime Control and Prevention District (CCPD). B. Other Boards and Commissions Use of Southlake Town Hall — The following advisory bodies to the City Council and ancillary boards and commissions may meet in the Southlake Town Hall as appropriate in the third floor conference room areas. These bodies will receive priority consideration over community uses. These include the following: • The Southlake Parks and Recreation Board; • The Southlake Library Board; • The Joint Utilization Committee; • Metroport Teen Court; • The Executive Committee and Standing Committee of the Southlake Program for the Involvement of Neighborhoods (SPIN), including public meetings sponsored by SPIN as the facility is available. • Friends of the Southlake Library (due to the work ongoing in the Southlake Public Library, this would be on an interim basis until the facility is open). • Other City Council appointed committees, task forces, or advisory bodies. Questions regarding the use of specific facilities in Southlake Town Hall may be directed to the City Manager's Office at (817) 481 -1420. C. Other Regular Meetings and Locations — The following boards and commissions will continue to meet at the following locations, but may use Town Hall facilities as needed: • Southlake Crime Control and Prevention District Board of Directors — DPS Training Room, 667 N. Carroll Avenue. • Joint Drug and Alcohol Committee — DPS Training Room, 667 N. Carroll Avenue. • The Southlake Library Foundation — Senior Activity Center, 307 Parkwood Drive. • Keep Southlake Beautiful (KSB) — Community Center, Bicentennial Park, 400 N. White Chapel Boulevard. • The Southlake Youth Action Commission (SYAC) — Community Center, Bicentennial Park, 400 N. White Chapel Boulevard. • Southlake Sister Cities — Senior Activity Center, 307 Parkwood Drive. • Senior Advisory Committee — Senior Activity Center, 307 Parkwood Drive. • Friends of the Southlake Library (FOSL) — Southlake Public Library (upon opening of the facility). • Mayor's Advisory Committee — Senior Activity Center, 307 Parkwood Drive or Southlake Town Hall (as determined by the Mayor). City of Southlake — Town Hall Use Policy Page 21 of 22 City of Southlake Policies and Procedures APPENDIX B CLEANUP FEES ASSOCIATED WITH TOWN HALL RESERVATIONS FOR COMMUNITY USAGE A. Cleanup Fees for Community Usage of Town Hall — The following cleanup fees are to be assessed for community use of the Town Hall facility. Upon approval, the applicable fees are to be remitted to the City Manager's Office within forty -eight (48) hours prior to the reservation time. The fees will be returned to the applicant upon staff review of the facilities utilized at the conclusion of the reservation period, and a determination is made that the facilities were in good condition, and the area was returned to the original condition. The City reserves the right to keep the fees if it is determined that the facilities were not left in good condition, or that damages beyond normal wear and tear exist. • Meetings / Events — No Food and Drinks, limited usage of the 3 rd floor training room area - $100.00. • Meetings/ Events —Food and Drinks, limited usage of the 3 rd floor training room area -$150.00. • Meetings / Events — Usage of foyer area and/or usage of the complete 3 rd floor training room area - $450.00 B. Responsibility for Damages — Individuals or groups making reservations are responsible for any damage to the facility during the reservation period. The City of Southlake reserves the right to assess additional charges for damages as warranted, and individuals and/or groups are subject to applicable criminal and/or civil penalties as a result of damaging the facility. City of Southlake — Town Hall Use Policy Page 22 of 22