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