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1999-07-06REGULAR CITY COUNCIL MEETING 667 NORTH CARROLL AVENUE SOUTHLAKE, TEXAS JULY 6, 1999 MINUTES COUNCILMEMBERS PRESENT: Mayor Rick Stacy; Mayor Pro Tem Gary Fawks; Deputy Mayor Pro Tem Rormie Kendall. Members: Patsy DuPre, Debra Edmondson, Rex Potter and Wayne Moffat. CITY STAFF PRESENT: City Manager Billy Campbell; Assistant City Manager Shana Yelverton; Assistant to the City Manager Shelli Siemer; Zoning Administrator and Interim Director of Planning Karen Gandy; Director of Engineering Services Ron Harper; Deputy Director of Engineering Services Charlie Thomas; Director of Economic Development Greg Last; Director of Community Services Kevin Hugman; Capital Projects Coordinator Shawn Poe; Director of Human Resources Lauren Safranek; Director of Public Safety Garland Wilson; Fire Chief Ricky Black; Interim Finance Director Lynn Martinson; City Attorney E. Allen Taylor Jr.; and, City Secretary, Sandra L. LeGrand. WORK SESSION: The work session was called to order by Mayor Rick Stacy at 5:40 p.m. Councilmembers and staff discussed items on the agenda. The work session was video taped and recorded for future reference. The following items were discussed: Agenda Item #5-A, Minutes of the June 15, 1999, City Council meeting. The minutes were discussed and will be amended as presented regarding the approval of the 2nd reading of Ordinance No. 544-A, Landscape Ordinance. Agenda Item #5-F, Authorization to advertise for bids for the relocation of an 18" water line at the intersection of Dove Road and SH 114. Councilmember Debra Edmondson asked for a diagram of exactly where the new water line will run. Agenda Item #ii-A, Sewer service in the vicinity of the Christian Men's Network and Countryside Bible Church on Countryside Court. Robert Montgomery "Uncommon Care", 3808 Big Horn Trail, Plano. Mr. Montgomery stated in March they were basically approved for the Uncommon Care project, and were asked to do some research from everyone in the area and to try and put together a plan to install a sewer system in the area, as opposed to an aerobic system which they were intending to install on their property. He stated he met with the other property owners in the area with the help of engineer John Levitt. He stated that putting in a pump system along North White Chapel Boulevard would cost about $152,000. He stated he spoke with the city engineers about trying to get the other property owners together to work out a way to share the cost of the project. He stated they would like approval from the City for the aerobic system to go forward with their project. He stated at the time it is completed, if the City was able to work out a cost-share plan for the property owners, Regular City Council Meeting Minutes of July 6, 1999 Page 1 of 15 they would then tie onto it rather than install an aerobic system. City Manager Campbell stated he would like direction from Council to allow staff to talk with the adjacent property owners about cost sharing this project. Director Harper stated he could possibly have the project done in five to six months, if the fast track process is used. It was the consensus of Council to move forward with the sewer system information, and staff stated they would have cost sharing information available at the next City Council meeting. Agenda Item #7-B, ZA 99-035, Revised Site Plan for Holt Dental Care. Councilmember Ronnie Kendall asked Coordinator Malcolm Jackson to update the City Council on the sign for the Holt Dental Care facility. Mr. Jackson stated they researched the sign and the sign is currently a legal non-conforming sign. It was agreed by Councilmembers that agenda items #8-A, and #8-B would be added to the consent agenda. The work session ended at 6:20 p.m. REGULAR CITY COUNCIL SESSION Agenda Item gl-A, Call to Order Mayor Rick Stacy called the Regular City Council meeting to order at 6:30 p.m. 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 Open Meetings Act, Chapter 551 of the Texas Government Code, Sections 551.071, 551.072, 551.073, 551.074, 551.075, and 551.076 to seek consultation with the City Attorney regarding pending and contemplated litigations, to deliberate the purchase, exchange, lease or sale of real property, a negotiated contract for a prospective gift or donation to the City, to deliberate the appointment and evaluation of public officials, to confer with one or more employees to receive information from or to question the employees, and to deliberate the deployment of specific occasions for implementation of security personnel or devices. Council adjourned into executive session at 6:23 p.m. Council returned to open session at 7:15 p.m. Agenda Item #2-A.1. Deliberation Regarding Real Property Marilyn Miles, 3939 Mud Hen Road, Southlake. Ms. Miles stated, "In April 1999 we started to discuss the purchase of some land which I own for Bob Jones Park. Since that time we have changed the city manager and I have called the new city manager's office and I still haven't heard -- not one thing. The reason I'm here this evening is to formally withdraw the offer to sell the land since we cannot seem to get any type of Regular City Council Meeting Minutes of July 6, 1999 Page 2 of 15 communications going with the City. I wanted Council to know, personally from me, because I will be coming back before you to present a development site plan for that property for upscale homes. I will be asking Council for their favorable considerations and I still need a right-of-way in, as I need someway to get into the property." Agenda Item #2-B, Action Necessary/Executive Session No action was taken as the result of the executive session. Agenda Item #3, Invocation The invocation was given by Coy Quesenbury, pastor of Lonesome Dove Baptist Church in Southlake. Agenda Item #4-A, Mayor's Report Mayor Stacy stated during the Mayor's report, "For those of you who were around on the 3~d of July, that we really had our very first ever, 4th of July Celebration in the new Town Square." He added that it was very neat and lots of people attended. Councilmember Ronnie Kendall stated regarding the 4th of July Celebration in Town Square, that it was the most people that she had ever seen together at one time, The fireworks were wonderful and she stated about ten families from her subdivision attended and they were all very pleased with the event. Councilmember Patsy DuPre stated she had received lots of comments from residents who attended who wanted to know how much money the City spent on the event. Mayor Stacy stated, "We didn't spend any money on the event, the developer paid $10,000 for a $15,000 show." He added, in the future the city may be asked to participate in the cost, but not this year. He stated they estimated that there were between 3,000 and 4,000 people present and everyone really enjoyed the event. Councilmember Kendall stated she hopes that it is an annual event even if it means the City will be asked to participate in the cost in the future. Mayor Stacy stated, "On July 5th, we had a terrible tragedy in Southlake and we are very sorry about that and our hearts and souls go out to the family." Director of Department of Public Safety Garland Wilson reported on the tragedy stating, "July 5th at about 8:00 a.m. in the morning, the 911 communication team received a call from a citizen reporting a loud explosion, and someone screaming. Upon that report, the Fire and Police responded and when they arrived, a citizen road up on a bicycle informing them of the tragedy near the lake water in the subdivision. It was an apparent homicide and suicide in the Timber Lake subdivision. The victims were visiting a family in Southlake and did not reside in the City. Regular City Council Meeting Minutes of July 6, 1999 Page 3 of 15 Councilmember Patsy DuPre thanked Director Wilson and all the detectives and other emergency personnel for all the consideration they gave to the entire community during this horrible situation. The family is coping as best they can and noted, the emergency personnel were very gentle with them and they appreciated that. She stated the two children of the deceased parents are staying with family members who live in the area. Mayor Stacy made the following announcements: July 7, 1999, at 8:30 a.m. in the Solana Education Center, Suite 200, Westlake, the Metroport Transportation Subcommittee meeting will be held. The topics to be discussed include SH 114, SH 26, and US 377, as well as other projects. July 12, 1999, at 7:00 p.m., at the Senior Activity Center, the Southlake Women's Division of the Chamber of Commerce will sponsor a "Watermelon Feast & Games" for members of the Department of Public Safety employees. Councilmembers are invited as well. July 13, 1999, at 7:30 a.m., the Northeast Leadership Forum will be held at Tarrant County College Northeast on Grapevine Highway in North Richland Hills. Agenda Item g4-B, City Manager's Report City Manager Billy Campbell stated the Capital Projects Coordinator for the Department of Engineering Services Shawn Poe would give an update of the projects. Mr. Poe stated at the last City Council meeting they were instructed to give an update on the on-going and up-coming public works projects. Poe stated the updates during Council meetings would be similar to those reports given by Ron Harper on the Town Center project. Mr. Poe reported on the following projects: West Dove Reconstruction Project (from SH 114 to White Chapel Boulevard). The project is currently being advertised for bid as well as the West Highland Reconstruction (from White Chapel Boulevard to Shady Oaks Drive). Bids will be opened on July 22, 1999. It is anticipated that both projects will be started in mid- August. Sutton Place Drainage, Water and Paving are scheduled to begin this week. There was a SP1N meeting a couple of weeks ago and staff would be happy to get that project going. That involves constructing drainage improvements, a water line, and paving the road. Continental Boulevard Reconstruction (Davis Boulevard to Peytonville Road). The plans have been updated and revised and staff anticipates construction of the box culvert this month. There are some issues with the TxDOT projects, especially the Kimball and SH 114 and Kimball and F.M. 1709. Mr. Poe stated he called TxDOT last week and there is Regular City Council Meeting Minutes of July 6, 1999 Page 4 of 15 additional information they are needing from the City to assure that those improvements are warranted, which involves the duel right-tm lanes from North Kimball onto eastbound SH 114. TxDOT is going to submit in writing the additional requirements needed to get the project on line. Cross Timber Hills Easements Project. Last week one additional easement was received along with two confirmations to get easements to the City. Mr. Poe stated he spoke with another property owner on Friday and he and Councilmember Edmondson will follow up with the property owner. Agenda Item #4-C, SPIN Report Bill Stone, 1508 Pecos, Southlake. Mr. Stone stated he is the representative of SPIN #13 and that the issues of his area include: 1) the new church on F.M. 1709; 2) the new fire station at the west site; and, 3) traffic on F.M. 1709. Agenda Item #5, Consent Agenda (7:35 p.m.) Mayor Stacy stated this is the time of the evening when Council votes on several items at one time. He informed citizens present of the procedure Council follows in voting on the "Consent Agenda" and asked if anyone had any comments or opposition to express regarding any items listed in this section of the agenda. Mayor Stacy read the consent agenda items into the record, stating Councilmembers will be adding agenda Items #8-A, and #8-B, to the consent agenda: Kenneth Horne, 1213 Ashley Court, Southlake. Mr. Home stated he is very glad to see item #5-G on the agenda. Mr. Home referenced Resolution No. 99-56, including Martin Luther King, Jr. Day as an official holiday. Mr. Home stated, "I don't take credit, but I'm very happy to see the City recognize the need to celebrate Dr. Martin Luther King Day, especially in light of the recent headlines around the world where people fight wars for no reason, just because they might have a different ethnic background or they will mete out genocide upon each other. What this man did was to bring about a change, a revolution in a country without spilling any blood to speak of. There were no race wars in America and we are not afraid of each other and now this Country is so much stronger for it. I have my voter registration card in my pocket because he walked those miles in the early 1960's to get these things done. When I think of the fact that I'm standing here in Texas looking at a Bob Jones Park, living in Southlake, an equal part of this community, with no problems at all, I believe if it were not for Dr. Martin Luther King Jr., this would not be so." Mayor Stacy read the consent agenda items into the record: 5-A. Approval of the minutes of the Regular City Council meeting held on June 15, 1999. Regular City Council Meeting Minutes of July 6, 1999 Page 5 of 15 Ordinance No. 750, 1st Reading, Abandonment of utility easement and temporary construction easement on T.W. King Road, Lot 1, Block A, MTP-IBM Addition No. 1. 5-C. Award of bid to Henderson Construction L.P., for construction of sanitary sewer on Pine Drive. Resolution No. 99-55, regarding City of Southlake participation in Tarrant County Community Development Block Grant (CDBG) program for the three program year period, fiscal year 2000 through fiscal year 2002. 5-E. Approval of the renewal contract with James Enterprises for janitorial services. 5-F. Authorization to advertise for bids for the relocation of an 18" water line at the intersection of Dove Road at SH 114. Resolution No. 99-56, Amending Chapter 6, Section lB, of the City of Southlake Employee Handbook to include Martin Luther King, Jr., Day as an official City holiday. 5-H. Ordinance No. 480-314, 2nd Reading, (ZA 99-056), Rezoning and Concept Plan for Sabre Group Campus. Item to be tabled to July 20, 1999. ZA 99-040, Plat Showing of proposed Lots 3 and 4, J. Childress No. 253 Addition. Item to be tabled to July 20, 1999. 8-A. Ordinance No. 480-314, 1st Reading, (ZA 99-038), Rezoning on property legally described as a portion of Tract 1 situated in the John Childress Survey. 8-B. Ordinance No. 480-315, 1st Reading (ZA 99°039), Rezoning on property legally described as a portion of Tract 1 situated in the John Childress Survey. Motion was made to approve the consent agenda as follows: Approving Item #5-A, as amended; Items #5-B through #5-I, and including Items #8-A, and #8-B. Motion: Second: Ayes: Nays: Approved: Edmondson DuPre Edmondson, DuPre, Potter, Fawks, Kendall, Moffat, and Stacy None 7-0 vote ADDITIONAL INFORMATION REGARDING CONSENT AGENDA ITEMS 5-A. Approval of the Minutes of the June 15, 1999, City Council meeting. Approved as amended regarding the motion on the Landscape Ordinance, No. 544-A. Regular City Council Meeting Minutes of July 6, 1999 Page 6 of 15 Ordinance No. 750, ist Reading, Abandonment of utility easement and temporary construction easement on T.W. King Road, Lot 1, Block A, of the MTP-IBM Addition No. 1. In order to construct the 24" transmission water line from Trophy Club to the T.W. King pump station, several utility easements are required to be obtained. One such easement is across Lot 1, Block A, of the MTP-IBM Addition No. 1. The surveyor inadvertently misidentified Texas Utilities as the rightful property owner on the easement document when in fact the rightful owner was Maguire Thomas Partners. In order to correct the title work on the property, the easement will be abandoned from the property. The City is in the process of acquiring the easement from the rightful property owner. Award of bid to Henderson Construction, L.P. for construction of sanitary sewer to Pine Drive. As part of the 1998-99 CIP budget, the installation of sanitary sewer lines along Pine Drive was programmed. The sanitary sewer service will extend from Lilac Lane to White Chapel Boulevard. The sanitary sewer line along Lilac Lane was recently constructed. The 1998-99 CIP budget allocated $200,000 for the design and construction of the sanitary sewer line along Pine Drive. Six bids were received with the Iow bid being from Henderson Construction, L.P. of Fort Worth in the amount of $157,935. Resolution No. 99-55, regarding City of Southlake participation in Tarrant County Community Development Block Grant (CDBG) program for the three program year period, fiscal year 2000 through fiscal year 2002. The City of Southlake has participated in the CDBG program since 1994. In order for the City of Southlake to receive funding under the CDBG program, it must enter into a cooperative agreement with Tarrant County because cities with population under 50,000 are not eligible to participate in the CDBG program under its own entitlement. By participating in the program, the City has the opportunity to receive grant money for developing and upgrading the infrastructure for target areas of low and moderate income. Already, the City has received a total of $548,000 in grant funding since 1994. Approval of the renewal contract with dames Enterprises for janitorial services. On June 2, 1998 the Council approved a janitorial services contract with James Enterprises, Inc. for janitorial service for specified city facilities. The contract specifies an initial one-year contract period with the City's option on an annual basis, to continue the contract for up to two additional years. Therefore, since the first year is concluded, it is time to consider renewing the contract. Under the current contract the monthly cleaning charge is $2,010.82, which is $24,129.84 annually. With the addition of the second floor of the Public Works Center, $250 was added to the monthly charge. The annual charge for the renewal contract is $27,129.84. Authorization to advertise for bids for the relocation of an 18" water line at the intersection of Dove Road and SH 114. Prior to reconstructing SH 114, all utilities within the State right-of-way must be relocated that conflict with the Regular City Council Meeting Minutes of July 6, 1999 Page 7 of 15 8-B proposed highway improvements. The portion of the SH 114 reconstruction that includes the Dove intersection is scheduled to be bid in August 1999. Construction is scheduled to begin by March 2000. In the FY 1998-99 CIP budget, $269,600 was appropriated for the design, surveying and construction costs to relocate the 18" water line at the intersection of Dove and SH I 14. Resolution No. 99-56, Amending Chapter 6, Section lB of the City of Southlake Employee Handbook to include Martin Luther King, Jr., Day as an official City holiday. The resolution amends the employee handbook as follows: 2. 3. 4. 5. 6. 7. 8. 9. 10. New Years Day (January 1) Martin Luther King, Jr. Day (third Monday in January) Good Friday (Friday before Easter) Memorial Day (Last Monday in May) Independence Day (July 4) Labor Day (First Monday in September) Thanksgiving Day (fourth Thursday in November ) Day after Thanksgiving (fourth Friday in November) Christmas Eve (December 24) and, Christmas Day (December 25) Ordinance No. 480-313, 2na Reading, (ZA 99-056), Rezoning and Concept Plan for Sabre Group Headquarters Campus. At the request of the applicant, this item was tabled to the July 20, 1999, City Council meeting. ZA 99-040, Plat Showing of proposed Lots 3 and 4, J. Childress No. 253 Addition. At the request of the applicant, this item was tabled to the July 20, 1999, City Council meeting. Ordinance No. 480-314, Ist Reading, (ZA 99-038), Rezoning on property legally described as a portion of Tract 1 situated in the John Childress Survey No. 253, and being approximately 5.270 acres. Current zoning is "AG" Agricultural District, with a requested zoning of "RE" Residential Estate District. Owner and Applicant: Phillip D. Fanning. Eight (8) notices were sent to property owners within the 200' notification area and two responses were received, one in favor and one opposed to this request. This zoning was approved on first reading. Ordinance No. 480-315, Ist Reading, (ZA 99-039), Rezoning on property legally described as a portion of Tract 1 situated in the John Childress Survey, Abstract No. 253 and being approximately 3.093 acres. Current zoning is "AG" Agricultural District with a requested zoning of "SF-1A" Single Family Residential District. Owner and Applicant: Phillip D. Fanning. Six (6) notices were sent to property owners within the 200' notification area and no written responses were received. This zoning was approved on first reading. Agenda Item #6, Public Forum Regular City Council Meeting Minutes of July 6, 1999 Page 8 of 15 No comments were received during the public forum. Agenda Item #7-A, Ordinance No. 480-312, 2na Reading (7:40 p.m.) Ordinance No. 480-312, 2nd Reading, (ZA 99-032), Rezoning and Concept Plan for Southlake Boulevard Presbyterian Church on property legally described as Tract 1D5 situated in the A.A. Freeman Survey, Abstract No. 522, and being approximately 5.169 acres. Current zoning is "C-3" General Commercial District with a requested zoning of "CS" Community Service District. Applicant: Southlake Boulevard Presbyterian Church. Owner: Grace Presbytery. Senior Planner Chris Carpenter presented this item stating seventeen (17) notices were sent to property owners within the 200' notification area and three (3) responses were received: Paul D. Miller, 108 San .lacinto Court, Southlake, undecided; Sandra D. Smith, 106 San Jacinto Court, Southlake, undecided; and Michael McLendon DDS, 1120 San Jacinto Court, Southlake, undecided. The applicant was not present for the meeting. PUBLIC HEARING: No comments were made during the public hearing. Councilmember Gary Fawks commented on the dumpster location. Zoning Administrator Karen Gandy stated the ordinance does state that the dumpsters be placed to the rear of the property, but by doing that at this particular site, it pushes the dumpster closer to the residential area behind it. The applicant seemed to be amenable to moving the dumpster to the west side of the building. Councilmember Fawks stated he is concerned that the applicant failed to appear and that he failed to make changes as per the previous discussions with Council. Councilmember Fawks suggested moving the dumpster to the west side of the building, not any closer than the dumpster at La Petite Academy is to their building. Motion was made to approve the 2nd Reading of Ordinance No. 480-312, subject to the Concept Plan Review Summary No. 3 dated, May 28, 1999; with the variance as approved at first reading; adding a requirement that the applicant provide a sidewalk along F.M. 1709; deleting all references to lighting on the concept; and requiring that the dumpsters be located not closer to residential than the existing dumpster at La Petite Academy and that it be shielded from view at F.M. 1709. Motion: Fawks Second: Potter Councilmember DuPre stated she does not feel comfortable when the applicant is nd not present, especially at the 2 reading of a zoning case. Ayes: Fawks, Potter, Kendall, Moffat, DuPre, Edmondson, and Stacy Regular City Council Meeting Minutes of July 6, 1999 Page 9 of 15 Nays: None Approved: 7-0 vote Agenda Item #7-B, ZA 99-035, Site Plan for Holt Dental Care (7:50 p.m.) ZA 99-035, Revised Site Plan for Holt Dental Care, on property legally described as Lot 1, Block 3, Diamond Cimle Estates, an addition to the City of Southlake, Tan'ant County, Texas, according to the plat recorded in Volume 388-177, Page 7, Plat Records, Tarrant County, Texas, and being approximately 1.073 acres. Current zoning is "C-2" Local Retail Commercial District. Applicant: Blake Architects. Owner: Holt Dental Care. Senior Planner Chris Carpenter presented the site plan for Holt Dental Care stating nine (9) notices were sent to property owners within the 200' notification area and three (3) written responses were received from: Bob Stevenson, 2113 Taxco Drive, Southlake, in favor; Richard O'Day, 921 Emerald Boulevard, Southlake, undecide& and, Don Tinkham 917 Emerald Boulevard, Southlake, in favor of. Mr. Carpenter stated this item was tabled at the last meeting because the applicant was not present to answer questions for the Council. Skip Blake, 1202 South White Chapel Boulevard, Southlake. Mr. Blake stated he is the architect for the project. He stated he is building a small addition to the current building and it will not be visible from F.M. 1709. They are adding additional parking at the side of the building and they are also increasing the turning radius for use by emergency vehicles. They are building a dumpster enclosure which is not present at the current time. He stated he is taking offa carport and making a much more attractive building than what is currently in place. Councilmember Debra Edmondson commented about additional lighting. Mr. Blake stated they would be adding two well packs. Councilmember Ronnie Kendall asked about the sign for Dr. Holt. Mr. Blake stated he does not think Dr. Holt plans to change the sign. Mr. Blake also stated they are under the previous landscape ordinance and that he plans on making improvements to the fence during the construction and that they agree to take responsibility for the maintenance of the fence. Councilmember Gary Fawks asked Mr. Blake if there is future plans for the open space that is being left. Mr. Blake stated they will use that as landscaped space and there are no future plans for developing the area. From a traffic flow stand point, they felt this was the easiest way to get in and out of the parking area. Councilmember Rex Potter asked about the variances they are asking for and if they were on the original plan? Karen Gandy stated the driveway placing would be, but the stacking originally met the terms of the ordinance. The additional parking has kicked in a greater stacking depth and that is where the variance comes from. Mayor Stacy stated it is not a problem unless they have no parking, then the throat depth could be a problem. Regular City Council Meeting Minutes of July 6, 1999 Page 10 of 15 Mr. Blake stated they are required thirty-five parking spaces and are required to add nine (9) spaces as the result of the addition to the building. PUBLIC HEARING: No comments were made during the public hearing. Motion was made to approve ZA 99-035, subject to the Revised Site Plan Review Summary No. 3, dated, May 28, 1999; approving as the Planning and Zoning Commission passed it; adding that the applicant has committed to maintain and make improvements to the fencing as he is doing construction. Motion: Second: Ayes: Nays: Approved: Edmondson Fawks Edmondson, Fawks, Kendall, Moffat, DuPre, Potter, and Stacy None 7-0 vote Agenda Item #10-A, Authorizing the Mayor to Enter Into a Management Agreement for Management of the Southlake Tennis Center (8:05 p.m.) Director of Community Services Kevin Hugman presented this agenda item stating in the late 1998, staff met with representatives of the Parks and Recreation Board and Northeast Tarrant Tennis (NETT) to discuss options for managing the planned tennis complex in Bicentennial Park. Staff had researched area tennis centers and found that there were a number of options available, ranging from entirely operated by City staff to entirely contracted. The City's goal is to operate a first-class municipal tennis complex, serving the needs of Southlake residents and capable of attracting top quality tennis professionals to the center. Since the center will consist of several inter-rated businesses, it was extremely important that it be operated in a cost-efficient business-like manner. In order to attract a top tennis professional manager to the Southlake Tennis Center, it was determined that a contract arrangement, wherein the contractor would be compensated through the revenues of the center, afforded the best solution to achieving the goal at the least expense to the City. There were 28 resumes submitted for the position. After review and consideration, staff selected Mr. William Bryan of New Orleans to enter into contract negotiations with. Mr. Hugman outlined the key provisions in the contract for Council. He stated staff has estimated City revenues and expenditures for the center based on data from similar sized tennis centers such as Hurst, and North Richland Hills. Mr. Hugman stated staffwill be working within the guidelines in the agreement and that no one will be given "preferential treatment." Councilmember Edmondson stated, "You talked about these guidelines that you were showing to certain groups before you advertised for the manager. You showed those guidelines to the Park Board in November and you also visited with NETT on the proposed guidelines." Mr. Hugman stated, "There was a representative from NETT, a couple of Park Board members and staff." Edmondson asked, "Why wouldn't you bring those guidelines before the City Cotmcil as a discussion item after they went before the Regular City Council Meeting Minutes of July 6, 1999 Page 11 of 15 Park Board?" Hugman stated the guidelines were put in one of the Council packets as an informational item back in January, but not as an agenda item. PUBLIC COMMENTS: Jacky Lawrence, 1901 East Highland, Southlake. Ms. Lawrence stated, "I never thought I would be considered a tennis person. I take that as a compliment. Laura Suarez, in the audience was my first tennis teacher." "A lot of my questions have been answered." However, she stated, "I talked to staff a couple of months ago; I had heard that they were only going to have two open courts. I was under the mistaken belief that we are getting this tennis center and there will be some more courts. When I was told we were only going to get two courts, I was disillusioned. The tennis center was built with taxpayer money and SPDC funds, voted on and approved by the citizens of Southlake. As a publicly funded facility it must be operated for the benefit of all the citizens." A copy of the letter to the City Council from Ms. Lawrence dated June 6, 1999, is hereby attached to the minutes of this meeting. Camaron McCartha, 1211 Woodcreek Lane, Southlake. Ms. McCartha stated public access is important in our city. She stated she feels establishment of the fees should be set by the City Council. She asked the City Council to look at the contract for the protection of the residents of Southlake. "We cannot treat the Tennis Center as a Country Club as this is a municipality," she stated. Laura Suarez, 311 Sheffeld, Southlake. Ms. Suarez wanted to thank the citizens for coming and bringing forward their concerns. She stated she is here as a representative of NETT in case there were questions that she could answer. She stated, "I'm here as a citizen who loves to play tennis, and am not a participating league member. She stated the committee wanted to assure the citizens that there would be courts sitting and open. To have courts sit unused during prime time is not a smart thing to do. She commented on different areas of the management agreement. She asked the Council to remember that the leagues are paying court fees just like everyone off the street. The fee is the same as for everyone. The reason the leagues are so popular is because it immediately puts the players in contact with other people who want to play that the same time. If you have a place to get together to have open play the director of tennis will have organized times when everyone can get together to play. The tennis director is the bread and butter, as he will organize the games and keep the court busy. You do not want the courts setting vacant because then your tennis center will be unsuccessful. Councilmember Patsy DuPre asked if NETT had imput into the management contract? Ms. Suarez stated, "no." Suarez stated there were four Southlake residents who were tennis experts: the high school tennis coach, two other tennis pros who teach in the area, Lynn Jumper and herself. "We tried to make the committee as non-NETT as possible," Suarez pointed out. Councilmember Patsy DuPre stated, "I talked to Lynn today as well and she tried to reassure me that the purpose was to grow interest in tennis in general and not to produce Regular City Council Meeting Minutes of July 6, 1999 Page 12 of 15 leagues. A lot of what they are doing is for grant money that they hope to be able to contribute to children getting involved in the tennis program. They also are looking to propose some fund raising to add extra trees and etc. at the tennis facility. If someone is concerned that the league is going to have control of the tennis facility, that is not the case. We are looking at hiring a tennis professional for a manager and he does not set the fees. The fees are set by the City Council and the way we want the courts run is set by the City Council." Kevin Hugman stated the Park Board will recommend the policies and they will be approved by the City Council. Councilmember Ronnie Kendall stated three years ago she joined the Park Board. Pr/or to that time, Laura attended a lot of park board meetings asking for tennis facilities, and at that time there was no money or no place to put them. Kendall stated, "I had campaigned for Councilmember Fawks and he made some campaign promises for the tennis center funding." Kendall stated when she saw the chance for some SPDC funding to come forward, she called Ms. Suarez and asked her again if she wanted tennis facilities and she said she did. Kendall stated that is what got the funding for the tennis facilities in the Phase II of Bicentennial Park funding. Kendall stated at that time eight courts made Ms. Suarez very happy. She asked Ms. Suarez what number of courts is she looking at tonight for league play. Ms. Suarez stated, "The tennis association will survive no matter what situation is set up at the tennis facility. It is not our tennis facility, it is the City of Southlake's facility." Councilmember Wayne Moffat stated he feels we are worried about the tennis business and we should be worried about trying to provide a service to the citizens of Southlake who are the taxpayers. Which one is it going to be? Kevin Hugman stated in trying to write the Management Agreement the City was trying to balance the needs of the public, maximizing the court usage to get the leagues off of the neighborhood courts and now the high school and into the facility, and at the same time being sensitive to the publics needs. We thought this was a good minimum number fully expecting that there would be more courts. City Manager Billy Campbell stated, "When we did research to see what the other cities did, we brought that to you as a guideline only. Anything that has a number equated in the agreement is under the Council's control. Tell us what direction you want staff to take and we can move forward with that." Councilmember Debra Edmondson stated, "The next time we have something like this it should be brought forward to Council as informational or as a discussion to avoid what is going on now." An extensive discussion was held regarding the Management Agreement. Council made suggestions on the different issues they each had with the agreement as it was presented. Regular City Council Meeting Minutes of July 6, 1999 Page 13 of 15 Councilmember Potter suggested staff take the policy issues out of the agreement and go forward with it. Hugman made the following points: This is the tennis facility and that is what the contract pertains to. It does not include the basketball courts or the in-line hockey courts or the other concession, restaurant, storage facility building. The mason for that is because the way the facility is designed is because access to the areas is designed through the pro shop and it is fenced all the way around. If the City Council members want to use the tennis center all they have to do is schedule it with the tennis pro. There would not be a charge for the Council or other city boards and commissions to use the facility. Council agreed they would set the policies and set the fees for the tennis center. Hugman gave an overview of the changes made by Council regarding the Management Agreement: n Council agrees to include in the definition "non-league open play" and "league." Section 2.1 Management of the tennis center. The City delegates to the tennis pro the responsibility and authority to implement operating policies, which must be approved by the City; will implement charge fees subject to CiW Council approval and take over other actions necessary to operate the tennis center in a manner that meets a standard comparable to specified tennis centers in the region. Section 3.1 Terms. The term of this agreement is one (1) year subject to automatic renewals, beginning on the date that City gives the tennis pro written notice to begin management of completed areas of the tennis center .... With reference to the tennis pro shop in Section 4.1(e), the tennis pro agrees to make reasonable efforts to stock items for in-line hockey and basketball. Making the second part a separate paragraph. With reference to Section 4.1(m) provide a childcare which meets all state requirements, and which shall be open a minimum of three mornings per week from 9:00 a.m. to 12:00 p.m. for people using the tennis facility. n Section 4.1(n) maintain the Center with the following minimum hours of operation: March 1 through October 30, 8:00 a.m. to no later than 10:00 p.m. n Section 4.1 (p) Reserve three (3) tennis courts for non-league open play at all times, except during sanctioned-scheduled tournaments. City reserves the right to change this requirement to a minimum of two or four tennis courts available for non-league open play if it is determined conditions warrant this. The tennis pro agrees to schedule no more than nine tournaments per year and not more than four per month. ca Section 5.2, Increases: Define so that it is clear that the 30% for usage fees start when he exceeds $250,000 in a fiscal year. ca Section 9.6 Other Termination: Either party may terminate this Agreement upon thirty (30) days notice to the other party. Regular City Council Meeting Minutes of July 6, 1999 Page 14 of 15 City Attorney E. Allen Taylor, Jr., stated he will rewrite the contract with the changes as discussed by the City Council tonight. Motion was made to approve the Management Agreement as articulated by Director of Community Services Kevin Hugman as noted above. Motion: Second: Ayes: Nays: Approved: Fawks DuPre Fawks, DuPre, Edmondson, Potter, Kendall, and Moffat Stacy 6-1 vote Agenda Item #11-A, Discussion: Sewer Services in the Vicinity of Christian Men's Network and Countryside Bible Church on Countryside Court. (11:15 p.m.) City Manager Billy Campbell stated it is his understanding that staff is being directed to look at this project, putting some hard costs together, contact the people involved to see what their participation might be and bring this item back to the City Council. Agenda Item #12, Adjournment (11:20 p.m.) Mayor Rick Stacy adjoarned the meeting. ATTEST: l_ I &?/~, _ s~,~xx~' Sandra L. LeGrand City Secretary N:\City Secretary\MINUTES\cc-min-7-06~99.doc Regular City Council Meeting Minutes of July 6, 1999 Page 15 of 15 L iu JUL 6 1999 6 June, 1999 To: Southlake City Council OFRCE OF CITY SECRETARY,' After carefully reviewing the proposed contract between the City of Southlake and Mr. Bryan concerning the Tennis Center, I would like to offer some observations and suggestions. 1. Paragraph 4.1(a) is the most complete and correct statement governing the way the tennis center should be run. It states: "Operate the tennis center as a municipal tennis center, open to the general public without discrimination, subject to fees, rules, and policies approved by the City." The rest of the contract goes on to completely dismantle this intent. 2. This center was built with taxpayer revenue from SBDC funds voted on and approved by the citizens of Southlake. As a publicly funded facility it must be operated for the benefit of all of the citizens. However, under this contract, this will not be the case. Reference page 4, para (p) which allows only 2 courts out of 13 (or 15) be open to the public for non - league play, and during tournaments, no public access will be allowed. What this means is if I want to take my family to play tennis, I will have to wait in line for one of two courts, while the other 11 (or 13) courts are being used by leagues, of which a large proportion are non - Southlake residents. For example, the Northeast Tarrant tennis organization (NETT) which sponsors most of the leagues is made up of 47% (197/422) non Southlake residents (1998 membership list). This contract also allows 12 tournaments per year, up to 2 a month, and I guarantee you these will be scheduled during prime tennis season, holidays and weekend blocks when the average citizen has the time off, but will not be allowed any access to their taxpayer funded courts if they are not part of the tournament. 3. I am a member of NETT and I think this organization, which started off as the Southlake Tennis Association has done great things for tennis in our area. I also realize that NETT has been actively involved in the development of this tennis center. However, because an individual or group has been active in the development of a community project, it does not follow that the individual or group gains preferential access or control of that public facility. The countless hours that you as council members, community members on committees or that hundreds of other volunteers spend for the benefit of the community have never entitled anyone more than the gratification of improving our community. 4. As far as the fees, which on page 7, para 6.2, are spelled out as "sufficient to pay operating expenses and make debt service payments" 1 don't understand. We built these courts with SBDC funds, did we also incur debt, and how much? And as far as operating expenses, read further on page 7, para 6.3, where it says the City "shall be responsible for, and pay for all necessary repairs to the actual physical conditions of the tennis center, including without limitation, the tennis courts, light poles, exterior of the tennis pro shop, lawns, parking, sidewalks, seating, landscaping and plumbing, electrical, and natural gas systems and fixtures. City shall also perform court resurfacing, necessary replacement of nets, windscreens, and lights due to ordinary wear and tear." Yet the contract reads that the city gets only 25% of the revenues. What is the public getting for the other 75 %? Any expenses due to league play, tournaments or instructional drills should be born directly by those participating in those activities, not the general public 5. The hours of operation allow no usage before 8:O0am from March 1 through October 30, and before 9:OOam from November 1 through February 28. This takes away several hours a day all year round just because no one is there to unlock the gate. Why restrict this time? I understand the limitation on nighttime use due to the impact of surrounding residents, but why not use the courts during these hours of the morning? 6. Finally, there is already a groundswell of resentment in this town over the restricted access to the ball fields at Bi- centennial park. There is some justification for this because of turf maintenance. But tennis courts are totally different requiring little maintenance, which will be provided by the city anyway. If you restrict public access to these courts and add insult to injury by charging court fees for something that is built and maintained by the taxpayers, you will subject yourselves and your staff to endless complaints and criticism. I would make the following recommendations for changes to this contract: 1. The public must have greater access to courts at all times. Five of the thirteen new courts plus the two existing courts for a total of seven should be open to the public all year round. This is still less than half of the available courts 2. The contract should be for one year, renewable and amendable after it can be evaluated. 3. If a fee must be assessed to cover maintenance, Southlake citizens should pay an annual nominal fee of no more than $20 for unrestricted year round family access. Others should be charged on a usage basis. League play, tournaments and instructional drills should be charged per event, with Southlake citizens exempt from additional fees. 4. The open courts should be left unlocked so the public can use them in the morning, and have the lights on a timer so they will be off by 10:00 pm. S. If insurance costs are driving the fees, the City should cover the instuance liability policies. Terris cants are low risk and the premiums should reflect this Check the records of the existing tennis courts or the counts in our sister cities for a history of lawsuits which I would guess are minimal 6. A Citizen of Southlake should be allowed to bring a guest or their own instructor on an open court even if that instructor is not an employee of the Tennis Center. However no outside pro or instructor should be allowed to conduct lessons or drills with more than one citizen unless they pay the appropriate fee to the center. Thank you for your consideration, j &ats -(Cru' - s c.- acky Brooks - Lawrence Tennis Center Operations EXPENDITURES: Electric $25,000 Water /Sewer $ 2,500 Landscape - Landscape Maintenance $ 2,000 (Contract mowing/edging) - Horticultural Maintenance $ 1,000 (Weed control, pruning, fertilization, insect control) - Seasonal Color $ 1,500 - Irrigation Maintenance $ 1,000 Facility Maintenance* $ 1,000 (Nets, windscreen repairs, shade structures, etc.) Building Maintenance* $ 1,000 GRAND TOTAL: $35,000 * Initial costs for court, facility, and building maintenance are artificially low due to maintenance fr bonds/product warranties. ** Court Maintenance ($10,000) - annual resurfacing of (3-4) courts; not needed initially (year 3 or 4). REVENUES: Annual membership fees $12,500 ($250 x 200 memberships x 25 %) Hourly court usage fees * * * $26,784 - Individual lessons - Group Lessons - Court Reservations - Drills - League play - Camps GRAND TOTAL: $39,284 * ** Courts @ $8 usage fee x 9 time slots (1.5 hrs. each) x 40% court usage x 12 courts x 310 days x 25% City fee = $26,784 N.• I Parks & Recreation) CONTRAC711NSTRUC1 Tennis Center Operations doc THE FOLLOWING CALLED IN TO EXPRESS CONCERNS WITH TENNIS AGREEMENT ON AGENDA FOR APPROVAL TONIGHT Beth Green, 431 -9971, opposed to number of tennis courts open to the public. She stated she is a tax payer and helped pay for the courts, and feels it unfair for the usage to be restricted to those in the tennis league. Jackie Lawrence, opposed to number of tennis courts open to the public. Elizabeth Johansson, opposed to number of tennis courts open to the public. She asked if this item could be tabled tonight , so that other citizens can be made aware of what is being proposed. Maura Keaton, 1401 Pecos Drive. "Club forum taking over the courts" and limiting the public use of the tennis courts. She sees the City opening themselves up to all kinds of problems. She stated she is a league player but still feels this is not fair. There must be equal representation from both groups- the citizens, and the league players