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1997-02-04CITY OF SOUTHLAKE, TEXAS 667 NORTH CARROLL AVENUE REGULAR CITY COUNCIL MEETING FEBRUARY 4, 1997 iVIINUTES COUNCH~MEMBERS PRESENT: Mayor Rick Stacy; Deputy Mayor Pro Tem Pamela Muller. Members: Gary Fawks, David Harris, Wayne Moffat, and Scott Martin. COUNCILMEMBER ABSENT: Mayor Pro Tem W. Ralph Evans. STAFF PRESENT: Curtis E. Hawk, City Manager; Shana Yelverton, Assistant City Manager; Kevin Hugman, Assistant to the City Manager; Lou Ann Heath, Director of Finance; Kim Lenior, Director of Parks and Recreation; Bob Whitehead, Director of Public Works; Ron Harper, City Engineer; Greg Last, Director of Community Development; Karen Gandy, Zoning Administrator; Paul Ward, Building Official; Billy Campbell, Director of Public Safety; Wayne Olson, City Attorney; and, Sandra L. LeGrand, City Secretary. INVOCATION: Mayor Rick Stacy WORK SESSION: The work session was held to discuss agenda items by Council and staff. Mayor Rick Stacy called the Regular City Council meeting to order at 6:30 p.m. .~genda Item #2-A. Executive Session Mayor Rick Stacy advised the audience that Council would be going into executive session pursuant to Chapter 551 of the Texas Government Code, Sections 551.071,551.072, 551.074, 551.076 of the Open Meetings Act, to seek the advice of the City Attorney with respect to pending or contemplated litigation, to discuss the purchase, exchange, lease or sale of real property and to consider the appointment and evaluation of public officials, and regarding the deployment of specific occasions for implementation of security personnel or devises. Council adjourned into executive session at 6:30 p.m. Council returned to open session at 7:15 p.m. Agenda Item g2-B. Action Necessary/Executive Session No action was taken as the result of the executive session. Agenda Item//3. Approval of the Minutes of the January 21. 1997 Meeting The Minutes of the Regular City Council meeting held on January 21, 1997 were approved with a correction to page 9, paragraph 5, which should read, "Councilmember Fawks asked whether providing accent trees as required, would be possible (crepe myrtles) instead of relocating the row of shrubs as they are on the north bufferyard." Motion: Fawks Second: Muller Ayes: Fawks, Muller, Moffat, Martin, Harris, Stacy Nays: None Approved: 6-0 vote Agenda Item #4-A. Mayor's Reoort Mayor Stacy announced the "Mayor's Cup City Challenge" tennis tournament to be held on April 5 and 6 in conjunction with the Southlake Tennis Association. Mayor Stacy stated he needs twelve teams of two players each to play from 12 noon to 2:00 p.m. on April 5. The teams can be made up from City Council, City Boards and Commissions, SPIN representatives and City employees. He asked those who may be interested to contact the City Secretary for more information. Mayor Stacy also noted that Council will be approving a resolution this evening that will call the General Election for May 3, 1997. The Mayor and Councilmember Place 2 are up for re-election for three year terms. He noted that Southlake access channel 25 will have all information on voting locations, early voting hours, or other information. The first day to file for a place on the ballot is February 17, 1997 and the last day is March 19, 1997 at 5:00 p.m. For further information contact the City Secretary. The City of Southlake 40th Birthday Party will continue on May 3, 1997 at Bicentennial Park. A planning meeting for the celebration will be held on February 13, 1997 at 6:30 p.m. at Bicentennial Park. The Mayor announced that applications are now being received for appointments to City boards and commissions. Places will be available on the Planning and Zoning Commission, the Park and Recreation Board, the Southlake Park Development Corporation Board, and the Senior Advisory Board. For more information, contact the City Secretary's office. The Mayor announced that Precinct 3 County Commissioner, Glen Whitley, was present for the Council work session tonight, with Jan Sanford, his secretary, in an effort to meet with Councilmembers. The Mayor announced he attended a meeting last Wednesday with Commissioner Whitley, held for area Mayors to meet and go over issues for this part of Tarrant REGULAR CITY COUNCIL MINUTES OF THE 2/4/97 MEETING PAGE 2 OF 18 ~.-.. County. The meeting will be held quarterly whereby area cities will be invited to attend. A_~enda Item #4-I~. City Manager's Ren0rt The City Manager, Curtis Hawk, informed the audience that he will be holding an open meeting on Monday, February 10, 1997 at 7:00 p.m. in the City Council Chambers of City Hall to discuss the Thoroughfare Plan Update as it pertains to Continental Blvd. All interested citizens are urged to attend. He encouraged those present to invite their friends and neighbors to the meeting. A_~enda Item #4-C. SPIN Renort Martin Schelling, SPIN Representative for SPIN//2, was present for the meeting and gave an update of the issues in his SPIN group noting it remains quite. He stated that the big issue is the Timarron zoning case on the Chivers tracts of land. In his neighborhood, citizens are indifferent to the Timarron. The school sites are now under discussion. He commended the City staff stating, they have done an outstanding job. They are helpful and he feels the City Council should be proud of their staff. A_eenda Item #5. Consent Aeenda The consent agenda items consisted of the following: 5-A. Resolution No. 97-04, calling the General Election to be held on May 3, 1997 for the purpose of electing a Mayor and Councilmember Place 2 for three (3) year terms. Resolution No. 97-09, authorizing the City Attorney to proceed with condemnation of the Reutlinger Property, 1.24 acres (Permanent Easement-Part 1), . 167 acres (Permanent Easement Part II), and 0.390 acres (Temporary Easement), of 13.86 acres of land (whole property), on the south side of Southlake Blvd. and west of White Chapel Blvd. Resolution No. 97-11, authorize the Mayor to terminate the Water and Sanitary Sewer Agreement dated February 12, 1987, between the City of Grapevine, the City of Southlake, and the Trammel Crow Company, the successor to the Grapevine/Highway 26 Joint Venture. 5-D. Authorize the Mayor to enter into a Facilities Utilization Agreement between the City of Southlake and the Southlake Girl's Softball Association. 5-E. Authorize the Mayor to enter into a Facilities Utilization Agreement between the City of Southlake and the Southlake Baseball Association. 9-A. Resolution No. 97-08, a resolution proposing the creation of a Crime Control and Prevention District, creating a temporary board of directors, and appointing persons to REGULAR CITY COUNCIL MINUTES OF THE 2/4/97 MEETING PAGE 3 OF 18 serve as temporary directors of the proposed district. 10-A. ZA 97-012, Variance to the Subdivision Ordinance No. 483-E, Section 4.01(1)2(Plat Expiration) extending the validity of Case ZA 95-64, Plat Showing, Lot 1, T. Beedy No. 72 Addition. Applicant/Owner: Lee Fahrenbrook. 10-B. Resolution No. 97-10, appointment of a Municipal Court Clerk. Motion was made to approve the consent agenda items, 5-A (location being Johnson Elementary School) 5-B, 5-C, 9-A, 10-A, and 10-B (appointing Scan Leonard), omitting items 5-D, and 5-E from consent. Motion: Harris Second: Muller Ayes: Harris, Muller, Moffat, Martin, Fawks, Stacy Nays: None Approved: 6-0 vote A_~enda Item No. 5-D. and No. 5-E. Authorizing Facilities Utilization A_ereements between the City and Girl's Softball Association and Southlake Baseball Association. Si Rickman, 455 Love Henry Court and Harold Annis, 490 Love Henry Court, Southlake. Mr. Rickman and Mr. Annis presented a letter to the Mayor and City Council stating at the February 3 meeting of the Southlake Parks and Recreation Board, the times for the use of lights, fields and public address systems at Bicentennial Park was addressed and acted upon with a unanimous vote. The times of play should end at 10:00 p.m. on Sunday through Thursday, with lights out at 10:30 p.m. on Friday, and Saturday, the play should end at 11:00 p.m. with lights out at 11:30 p.m. They encourage Council to accept their recommendation in its entire form. A copy of the letter dated February 4, 1997, is hereby attached to the minutes of the meeting. Motion was made to approve consent agenda items #5-D and #5-E as presented. Motion: Harris Second: Muller Ayes: Harris, Muller, Moffat, Martin, Fawks, Stacy Nays: None Approved: 6-0 vote ADDITIONAL INFORMATION ON CONSENT AGENDA ITEMS Resolution No. 97-04, calling the General Election for May 3, 1997, electing a Mayor and Councilmember Place 2 for three (3) year terms. The resolution provides information on voting precincts, hours of early voting, naming election judge and alternate judge; gives the authority to the City Secretary to seek Justice Department preclearance on election issues and other important information. REGULAR CITY COUNCIL MINUTES OF THE 2/4/97 MEETING PAGE 4 OF 18 IO-A. IO-B. Resolution No. 97-09 authorizes the City Attorney to proceed with condemnation of the Reutlinger property, three parcels of a 13.86 acre tract of land on the south side of Southlake Blvd. and west of White Chapel Blvd. Resolution No. 97-11, authorizes the Mayor to terminate the water and sanitary sewer agreement dated February 12, 1987 between the City of Grapevine, the City of Southlake, and the Trammel Crow Company, the successor to the Grapevine/Highway 26 Joint Venture. Staff recommends that the City Council approve Resolution No. 97-11, authorizing the Mayor to execute the letter terminating the Water and Sanitary_ Sewer Agr. e,~d!lg~ dated February 22, 1987, based upon the fact that the City of Southlake has provided an independent water/sewer supply; thus, the agreement is no longer needed. Authorize the Mayor to enter into a Facilities Utilization Agreement between the City and the Southlake Girl's Softball Association, based upon the amendments to the hours the lights will be on at Bicentennial Park as agreed upon during the City Council meeting, at the suggestion of the homeowners on Love Henry Court, Southlake. Authorize the Mayor to enter into a Facilities Utilization Agreement between the City and the Southlake Baseball Association, based upon the amendments to the hours the lights will be on at Bicentennial Park as agreed upon during the City Council meeting, at the suggestion of the homeowners on Love Henry Court, Southlake. Resolution No. 97-08, Creating a Crime Control District. To begin the process of creating the district, Council must approve the resolution. The creation of a temporary board and appointment of its members is the first step in the process, since the temporary board is responsible for approving a two-year crime control plan which outlines crime prevention strategies and methods of evaluating effectiveness of strategies. The temporary board also must approve a two-year budget detailing the amount of money allocated for each strategy, administration costs, total budget amount and sources, expected year-end balances, and anticipated required tax rate. Sale tax of an additional 1/4 or x/2 cent to finance the district may be authorized by the majority of voters. The temporary board will also be responsible for preparing notification and calling the election. Council appointed themselves as the temporary board. Variance to the Subdivision Ordinance No. 483-E, Section 4.01(1)2 (Plat Expiration) extending the validity of Case No. ZA 95-64, Plat Showing, Lot 1, T. Beedy No. 72 Addition. Lee Fahrenbrook has requested that the validity of this plat be extended 6 months to allow them time to receive the required black line mylar for filing from the surveyor. Resolution No. 97-10, appointing Sean Leonard as Municipal Court Clerk for the City of Southlake, effective immediately. REGULAR CITY COUNCIL MINUTES OF THE 2/4/97 MEETING PAGE 5 OF lg Aeenda Item #6-A. Public Presentation by Library Committee-Final Recommendation Cynda Mast, Chairman of the Council appointed Library Committee, presented the final recommendation of the committee with regard to a joint library with the cities of Grapevine, Colleyville and Southlake, or a stand alone library for the City of Southlake. Ms. Mast noted there were three (3) areas that were considered: location, cost, and governess. She stated that during the January 15, 1997 meeting committee members voted and the results are as follows: 7-stand alone library; 1-tri city library; and 2-abstained. A copy of the final report is hereby attached to the minutes of this meeting. Councilmember Moffat and other members of the City Council thanked the committee for a job really well done. Aeenda Item #6-B. Public Forum No comments were received during the public forum. Agenda Item g'/-A. Ordinance No. 480-211. 2nd reading (ZA 96-90~. Ordinance No. 480-211, 2nd reading (ZA 96-90), Rezoning and Concept Plan for Shady Oaks Centre (formerly presented as Southlake Professional Plaza), being approximately 2.95 acres situated in the Hiram Grandberry Survey, Abstract No. 581, Tract 2C, as recorded in Volume 8374, Page 2186, Deed Records, Tarrant County, Texas. Current zoning is "AG" Agricultural District, with a requested zoning of "O-1" Office District. Owner: Marvin C. Kennedy. Applicant: Larry D. Flynn. SPIN Neighborhood #14. Karen Gandy, Zoning Administrator, stated that twenty-one (21) notices were sent to property owners within the 200' notification area and fourteen (14) written responses were received from within the notification area, from: Steven and Kathy Sims, 101 Springbrook Ct., Southlake, opposed; Michael and Cindy Conrad, 108 Springbrook Court, Southlake, opposed; Michael Conmds, Southlake Impacted Homeowners, 108 Springbrook Court, Southlake, opposed; Marlene Massa, 104 Springbrook Court, Southlake, opposed; Tom Jacobowski, 107 Springbrook Court, Southlake, opposed; Candace and Daniel Altena, Springbrook Court, Southlake, opposed; Judy and Stephan Largent, 215 Timber Lake Way, Southlake, opposed; Julie Hale, 102 Springbrook Court, Southlake, opposed; Kevin Barlow, 206 Canyon Lake Drive, Southlake, opposed; May Pogozelski and Lawrence Cheung, 202 Canyon Lake Drive, Southlake, opposed; Southlake Joint Venture, David Howell, 15851 Dallas Parkway, Suite 100, Dallas, opposed; Dennis Checkley, 217 Timber Lake Way, Southlake, opposed, Christopher and Diana Hennessey, 204 Canyon Lake Drive, Southlake, opposed; Terri McGuire Watson, 106 Springbrook, Southlake, opposed; Tom Hasker, 219 Timber Lake Way, Southlake, opposed. Five (5) written responses were received from outside the notification area, including: R.M. and Janet Kendall, 203 Canyon Lake Drive, Southlake, opposed; Richard Ebel, 111 Woodglen Court, REGULAR CITY COUNCIL MINUTES OF THE 2/4/97 MEETING PAGE 6 OF lg Southlake, opposed, Michael R. Baldwin, Lakecrest Homeowners Association, opposed; Warren Anderson, Lakecrest Homeowners Association, opposed; Paul Guisinger, 808 Ridgedale Court, Southlake, opposed. A petition was received with 127 signatures total, all in opposition. Nine (9) of the petitioners are within the 200' notification area. The following reasons for the opposition were cited by the petition: "The property is classified as Medium Density Residential in the Land Use Plan and the residents of Timber Lake Crest were assured that the property in question would be developed for residences in keeping with the existing neighborhoods." A petition was received with 671 signatures toM, all in opposition. Sixteen (16) of the petitioners are within the 200' notification area. The remaining 656 petitioners are outside the 200' notification area. According to Ms. Gandy, the applicant has met all the items in the Concept Plan Review Summary No. 1 dated August 16, 1996, Concept Plan Review Summary No. 2 dated November 1, 1996, with the exception of those items in the Concept Plan Review Summary No. 3 dated December 13, 1996. Ms. Gandy noted this item does not require a superior majority vote of the City Council. A discussion was held with regards to the location of the driveway and the closing down of the temporary driveway. Councilmember Muller asked if the traffic signal has been requested. Ron Harper, City Engineer, stated "not at this time." A traffic engineer will have to do a study which is presented to the State Highway Department in order to request a traffic signal. Councilmember Scott Martin referenced the need for a common access easement for this property to Dr. Huckabees property to the east. Larry Flynn, applicant, had no comments during this time, except to say they are in favor of moving the traffic light. PUBLIC HEARING: Mike Conrad, 108 Springbrook Court, Southlake. Mr. Conrad stated they are in support and have no concerns. They would like to proceed with the light for safety issues. Public Hearing closed. Councilmember Gary Fawks expressed he does not want two driveways close together, and by putting an easement on the plat, that it does not imply that two driveways are approved. REGULAR CITY COUNCIL MINUTES OF THE 2/4/97 MEETING PAGE 7 OF 18 Councilmember Wayne Moffat stated he feels it is an attractive plan, but it does not comply with the corridor overlay plan and a number of citizens have not rescinded their opposition. Motion was made to approve case ZA 96-90, Ordinance No. 480-211, 2nd reading, pursuant to the Concept Plan Review Summary No. 3 dated December 13, 1996; adding the following items: parking spaces located on the northwest and east portion of the site, do not meet the minimum 70% spacing for the residential properties required in item #7, required parking; that the interior design uses have been put back into permitted uses; and noting that the City Council directs the applicant upon signalization of the Shady Oaks intersection to eliminate their existing drive, provide a cross-access easement to the adjacent property to the east and align a new driveway with the signalization of the intersection to the north. Martin added, they can build the new drive, only upon removal of the old drive. Motion: Martin Second: Harris Mayor Rick Stacy read the caption of the ordinance. Ayes: Martin, Harris, Fawks, Stacy Nays: Muller, Moffat Approved: 4-2 vote Agenda Item g7-B. Ordinance No. 480-W. 2nd reading Karen Gandy, Zoning Administrator, commented that Ordinance No. 480-W was approved during first reading by the City Council on January 21, 1997 with the understanding that Councilperson Harris was to meet with staff and industry representatives to address the few remaining areas of concern noted by each. Ms. Gandy reviewed the ordinance with Council on a step by step basis, however, the Mayor asked that the remainder of this discussion be made at a later time during the meeting. Agenda Item #7-C. Ordinance No. 480-X. 2nd reading. Revisions to the Zoning Ordinance. Karen Gandy, Zoning Administrator, presented the 2nd reading of Ordinance No. 480-X, which amends the maximum density permitted in the "R-P-U-D" Residential Planned Unit Development District. No changes were recommended during the first reading of the ordinance. This amendment reflects a reduction in the maximum residential density from 2.18 du/acre to 1.80 du/acre per gross acre. It also provides that nonresidential acreage ancillary to the residential P.U.D. be subtracted from the gross acreage of the residential P.U.D. request prior to calculating the density for the development. The method of calculation (based on gross acreage), is unchanged with this amendment. REGULAR CITY COUNCIL MINUTES OF THE 2/4/97 MEETING PAGE 8 OF 18 PUBLIC HEARING: no comments were received. Motion was made to approve Ordinance No. 480-X, 2nd reading, as presented. Motion: Fawks Second: Muller Couneilmember Scott Martin read the caption of the ordinance. Ayes: Fawks, Muller, Moffat, Martin, Harris, Stacy Nays: None Approved: 6-0 vote Anenda Item #7-D. Ordinance No. 480-227. 2nd reading (ZA 96-1553. Ordinance No. 480-227, 2nd reading (ZA 96-155), Rezoning for Callicott/Rhodes Farm, on property described as being approximately 1.004 acres, and being Tract 1B5C in the L.H. Chivers Survey, Abstract No. 300. Current zoning is "AG" Agricultural District, with a requested zoning of "SF-1A~ Single Family Residential District. Applicant: Forshey-Consulting Services, Inc. Owners: Carl C. Rhodes and Kevin Rhodes. SPIN Neighborhood #4. Karen Gandy, Zoning Administrator, commented in her memorandum that four (4) notices were sent to property owners within the 200' notification area and one (1) written response has been received from Sonja Callicott, 435 Dove Road, Southlake, in favor. Mr. Bill Forshey, consultant for Ms. Callicott, was present for the meeting. PUBLIC HEARING: no comments were received during this time. Motion was made to approve Ordinance No. 480-227, 2nd reading as presented. Motion: Muller Second: Fawks Councilmember Scott Martin read the caption of the ordinance. Ayes: Muller, Moffat, Martin, Harris, Fawks, Stacy Nays: None Approved: 6-0 vote Agenda Item/f7E. ZA 96-154. Preliminary Plat for CaHicott/Rhodes Farm ZA 96-154, Preliminary Plat for Callicott/Rhodes Farm, on property described as being approximately 12.98 acres, being Tracts lB3 and 1B3C in the L.H. Chivers Survey, Abstract No. 300. Current zoning is "SF-1A' Single Family Residential District. Applicant: Forshey Consulting Services Inc. Owners: Carl Rhodes, Kevin Rhodes, and Sonja Callicott. SPIN Neighborhood #4. According to the Zoning Administrator Karen Gandy thirteen (13) notices were sent to property REGULAR CITY COUNCIL MINUTES OF THE 2/4/97 MEETING PAGE 9 OF 18 owners within the 200' notification area and two (2) written responses have been received from: Gaylon Bailey, 465 E. Dove Road, Southlake, in favor and Robert McPherson, 160 E. Dove Road, Southlake, in favor. On January 9, 1997, the Planning and Zoning Commission approved (6-0) vote, subject to the Plat Review Summary No. 1 dated December 13, 1996, deleting Item //12 (proposed Lot 2 must front on a public stree0; modifying Item #15b (provide a 15' D+UE along the west line of the subdivision) to defer to Final Plat stage. Mr. Bill Forshey, consultant, stated he can work out the items in the Plat Review Summary with exception to the dedication on Dove Road. He :isked that item #5 be waived. Sonja Callicott, owner, was present to answer questions of Council. Motion was made to approve ZA 96-154, Preliminary Plat for Callicott/Rhodes Farm pursuant to the Plat Review Summary dated January 17, 1997, deleting item #5. Motion: Martin Second: Fawks Ayes: Martin, Fawks, Mortar, Stacy Nays: Harris, Muller Approved: 4-2 vote Agenda Item g7-F. Ordinance No. 669. 2nd readine. Amending Ordinance No. 620. the National Electrical Code. 1996 Edition Paul Ward, Building Official for the City of Southlake, presented Ordinance No. 669, 2nd reading, amending Ordinance No. 620, the National Electrical Code, 1996 Edition, stating, in an effort to simplify the construction process, advance the safety of the electrical system, facilitate the mobility of contractors and reduce construction costs, the North Central Council of Governments has encouraged all jurisdictions throughout the region to adopt the 1996 National Electrical Code, (NEC), effective January 1997. Mr. Ward stated he is recommending one (1) local amendment concerning conductor material that requires all wiring for electrical systems to be copper with one exception: Conductors 1/0 or larger may be used when specified. This amendment allows service entrance conductors from the electrical meter to the electrical panel to be aluminum if 1/0 or larger. Aluminum conductors of this size installed properly will provide a safe electrical system. This is the same local amendment adopted with the 1993 NEC. PUBLIC HEARING: the public hearing resulted with no comments from the audience. Motion was made to approve Ordinance No. 669, 2nd reading, adopting the National Electrical Code, 1996 Edition. Motion: Moffat Second Harris Mayor Stacy read the caption of the ordinance. Ayes: Moffat, Harris, Fawks, Muller, Martin, Stacy REGULAR CITY COUNCIL MINUTES OF THE 2/4/97 MEETING PAGE 10 OF 18 Nays: None Approved: 6-0 vote Aeenda Item g'/-G. Resolution No. 96-51 (ZA 96-7B. SUP For Outside Storaee for Great Resolution No. 96-51 (ZA 96-71), Specific Use Permit for outside storage for Great Outdoor Landscape, being legally described as Lot 3, Block A, Hart Industrial Park, and being approximately 0.998 acres situated in the John N. Gibson Survey, Abstract No. 591. Current zoning is "I-1" Light Industrial District. Owner: Joseph Hart. Applicant Scott and Carol Malone. SPIN Neighborhood #7. Karen Gandy, Zoning Administrator, presented this case to the City Council and stated five (5) notices were sent to property owners within the 200' notification area, and one (1) response was received from Joseph F. Hart, RR 1, Box 184, Edgewood, Texas, in favor. Ms. Gandy noted on July 18, 1996 this item was denied (7-0) by the Planning and Zoning Commission. It was brought back to the Planning and Zoning commission on December 19, 1996 and tabled to continue the public hearing on January 9, 1997. On August 6, 1996, the City Council approved to table this item until August 20, 1996 at the request of the applicant. On September 17, 1996, the item was again tabled until November 5, 1996, and again tabled until December 3, 1996. At the City Council meeting held on December 3, 1996, this item was remanded back to the Planning and Zoning Commission for their December 19, 1996 meeting. On January 21, 1997, the City Council, at the request of the applicant, tabled until February 4, 1997. According to Ms. Gandy, the applicant has met all the review comments on the Plan Review Summary No. 1 dated July 12, 1996 and Plat Review Summary No. 2 dated November 27, 1996, with the exception of those items addressed in the Plan Review Summary No. 3 dated January 17, 1997. Councilmember Scott Martin expressed concerns with the drainage. Buddy Luce, 1850 Hunter's Creek, Southlake, an attorney for the applicant was present and made a presentation with regard to this item. Mr. Luce gave an overview of the steps taken on this issue to get to where they are today. Councilmember David Harris asked Mr. Luce questions in regard to designated uses that will be stored outside. Does the applicant envision having anything else stored outside other than those items? Would there be a problem if the outside uses were limited to those uses shown on the concept plan? He noted Councilmember Muller expressed concerns during work session about dust that would be generated from the gravel and sand. Would there be a problem flip-flopping the gravel and sand to the east side of the property to take it as far away from the residences as possible? Would it also be agreeable to the applicant to engage in dust abatement? REGULAR CITY COUNCIL MINUTES OF THE 2/4/97 MEETING PAGE 11 OF 18 Mr. Luce stated they had no problem with that. The owner, Scott Malone, stated the vehicles will be parked inside during the night. Mr. Luce stated he understands the practical problems associated with this request. He stated he reviewed Section 45 of the Zoning Ordinance, which specifically deals with Specific Use Permits, it sets out the factors that Council shall take into consideration when one of these request comes forward. The first factor is safety. There is not a safety issue on this site because there are very few pedestrians on this street. Other factors are safety for fire hazard and safety from flood baTard. The fact that this is a low area is a factor, however, the initial plan does not address this issue. To modify this factor, the applicant has modified the concept plan to include an eight-foot wood stockade privacy fence with a gate to prevent materials from drifting into the low lying area. Noise producing elements are not an issue in this case. Location of lighting and types of signs, are not of great concern in this case. Street size and adequacy of paving is not an issue and will not increase traffic. Regarding adequacy of parking, Mr. Lute stated the original concept plan did not address parking, but after talking with the Fire Chief, the applicant has agreed to use all weather surface in the parking area. Mr. Luce went on the address the issues in the ordinance. Councilmember Harris stated Mr. Luce talked about a five (5) year review of the Specific Use Permit. It was noted the use cannot be expanded or enlarged from the original plan. City Attorney Wayne Olson stated it will take a simple majority vote of Council to override the denial vote of the Planning and Zoning Commission. PUBLIC HEARING: Jim Giffin, 3002 Briar Lane, Southlake. Mr. Giffin stated this is a proposal that should be passed. The applicant has done everything the City has asked. There is no reason for the Planning and Zoning Commission to have voted this item down. We need businesses in town and he urged the City Council to override the Planning and Zoning Commission, because in Southlake we need some economic development. We need to utilize our existing industrial zoned areas, not expanding them, but utilizing them. Public Hearing closed. Motion was made to approve Resolution No. 96-51 (ZA 96-71), with the following special exceptions: that the Concept Plan submitted by the applicant, received by the City, dated January 15, 1997 govern as far as the bufferyards, landscaped areas, type of fence, height of fence; that the permitted uses on the property be limited to those shown on said Concept Plan. Further, that the applicant would be restricted from placing any type of structure, storage or any other material of any kind into the landscaped area as shown; the sand and gravel as shown on the west side of the property be relocated to the east side of the property; the applicant will engage in reasonable dust abatement; that there will be no outside vehicle storage on the property; that it will be REGULAR CITY COUNCIL MINUTES OF THE 2/4/97 MEETING PAGE 12 OF 18 incumbent upon the applicant to maintain the drainage characteristics of the landscaped area and the buffer area on the property; that if the applicant received two or more code violations for drainage violations within a one year period, that will result in an automatic review of the SUP; if the applicant receives three or more other violations such as height of material within a one year period of time, that will result in review of the SUP; and that the SUP granted to this applicant is for these uses shown and cannot be expanded; and is also specific to this applicant; incorporating the Plan Review Summary No. 3, dated January 7, 1997. Motion: Harris Second: Martin Ayes: Harris, Martin, Stacy Nays: Fawks, Muller, Moffat Vote- 3-3 Curtis Hawk, City Manager, stated this motion was not approved, because the City Charter requires an affirmative vote of four necessary for a motion to be approved. Councilmember Harris asked that this item be place on the agenda for the February 18, 1997 meeting for consideration. Agenda Item #8-A. Ordinance No. 480-226. 1st reading (ZA 96-152L Ordinance No. 480-226, 1st reading (ZA 96-152), Rezoning and Concept Plan for Southlake Church of Christ, on property described as Lot 1, Brock Addition, an addition to the City of Southlake, Tarrant County, Texas according to the plat recorded in Volume 388-44, Page 40, Plat Records, Tarrant County, Texas, save and except the portion awarded to the State of Texas by Agreed Judgement entered in Cause No. 153-127796-90, a certified copy of which is recorded in volume 11284, Page 1121 Deed Records, Tarrant County, Texas. Also, part of this consideration is a Revised Concept Plan on property being described as Lot 3E, J.G. Allen No. 18 Addition, an addition to the City of Southlake, Tarrant County, Texas, according to the plat recorded in Cabinet A, Slide 2174, Plat Records, Tarrant County, Texas. Current zoning is "SF-1A" Single Family Residential District (LOt 1 Brock Addition), and "CS" Community Service District (3R, J.G. Allen No. 18 Addition). Applicant: FDS International. Owners: Jimmie O. and Judith A. Hettinger (Lot 1 Brock Addition) and Southlake Church of Christ (Lot 3R, J.G. Allen No. 18 Addition). SPIN Neighborhood//15. Karen Gandy, Zoning Administrator, commented that twelve (12) notices are sent to property owners within the 200' notification area and two (2) written responses have been received from: Mr. and Mrs. John Parry, 105 Brock Drive, Southlake, opposed; and, Perry and Elvira Vargas, 209 Brock Drive, Southlake, opposed. REGULAR CITY COUNCIL MINUTES OF THE 2/4/97 MEETING PAGE 13 OF 18 Ms. Gandy stated on January 23, 1997 the Planning and Zoning Commission approve ZA 96-152 subject to the Concept Plan Review Summary No. 2 dated January 17, 1997, deleting Items #2B, (minimum spacing between row intersection and driveway centerlines), #2C,( minimum spacing between driveway centerline), g2D, (minimum driveway throat depths), #3,(parking encroaching into the north bufferyard), and amending #6 (minimum 8' screening device required along all property lines adjacent to residential property) to provide a plant screen with evergreen mix. Additional recommendations: provide 45' building line on east; provide 20' bufferyard on the south of Lot 1; landscaping on Lot 1 to be provided at time of possession; address lighting issues at Site Plan stage. The applicant has met all the items in the Concept Plan Review Summary No. 1 dated November 27, 1996, and Concept Plan Review Summary No. 2 dated January 17, 1997, with the exception of those items addressed in the attached Concept Plan Review Summary No. 3 dated January 31, 1997. Michael C. Schistose, Director Service Master FDS International, 320 Decker Drive, Suite 200, Irving, Texas. Mr. Schistose stated they have presented a driveway concept analysis and a drainage concept analysis. He stated the hard surface coverage of the property is 71.5 %, with 16.5 % of that in the building coverage of the site. He stated they have the drainage issues worked out, and realizes it is under their responsibility to maintain the drainage ditch. Mr. Schistose stated there is a 20' bufferyard on the south and east sides and they will plant trees now. When they own the existing house on the property, they will use it as an annex educational facility. They plan to remove the house and build a parking lot on the property in the year 2001-2002. The driveway off of Brock Drive will be chained and only used for emergency vehicles. Toby Slayer, Minister of the Church of Christ, was present and noted they are out of classroom space. This property became available to them and they need it for the overall growth of the church. PUBLIC COMMENTS: Wayne Haney, 400 Brock Drive, Southlake. Mr. Haney stated he is SPIN Neighborhood #15 representative and he lives on Brock Drive. Mr. Haney expressed initially, as a SPIN representative, when the Concept Plan was proposed, knowing how the runoff has created drainage problems he was not pleased, but to the credit of the church, when they heard of the problems they took care of the problems. Under the concept plan, they have hired professional hydrologists and have taken care of the issue. Mr. Haney stated written complaints came very early. After many meetings, they have changed their mind--the main complaints and fears have gone away. Mr. Al Peters is a citizen of main concern, his privacy has been threatened as you could not build a fence high enough. The church has committed they will monitor and take care of the over flow of water in the drainage ditch. Mr. Haney expressed that, "these people (of the church) have gone the extra REGULAR CITY COUNCIL MINUTES OF THE 2/4/97 MEETING PAGE 14 OF 18 mile. Councilmember Pamela Muller referenced the "site triangle' in the ordinance, so it cannot block the roadway. Jack Weissman, 2607 West Southlake Blvd., Southlake. Mr. Weissman stated he adjoins the church on three sides and they applaud them. The drainage pipe is still a problem, however. He is opposed to the 8' fence. They proposed shrubbery and evergreens. The lighting from his house up on the hill is a concern. Most of the lighting is downwards. Mr. Weissman asked the church to keep the lights away from his house. Mr. Slawyer stated the lights are on timers, and he will check them out. Motion was made to approve Ordinance No. 480-226, 1st reading, in accordance with the Planning and Zoning Commission comments, and subject to the Concept Plan Review Summary No. 3 dated January 31, 1997; requiring the plantings on the property adjacent to Brock Drive and the south border of the Brock Drive property be installed at once and that the driveway on Brock Drive be closed (when they close on the property). Councilmember Pamela Muller stated she hates going against the Driveway Ordinance, however, under the circumstances with the church and the hours the people will be entering and exiting this property, and the hardship of existing driveways in place, and since the church is a non-profit organization-- Motion: Fawks Second: Muller Mayor Rick Stacy read the caption of the ordinance. Ayes: Fawks, Muller, Moffat, Martin, Harris, Staey Nays: None Approved: 6-0 vote Mayor Stacy stated had they not done such a good job with the neighborhood and the SPIN group activity, and Mr. Weissman and Mr. Haney had not been present, he stated he feels he could have not voted on this zoning. He stated they have done a good job in addressing the issues. Aeenda Item #8-B. Ordinance No. 670. Ist readine. Authorizine Issuance of City of Southlake. Texas. Tax and Waterworks and Sewer System (Limited Pledge) Revenue Certificated of Oblieation. Series 1997. Lou Ann Heath, Director of Finance, presented Ordinance No. 670, 1st reading, stating at the January 21, 1997 Council meeting, the City Council approved Resolution No. 97-06 which approved and authorized the publication of notice of intention to issue $9.67 million certificates REGULAR CITY COUNCIL MINUTES OF THE 2/4/97 MEETING PAGE 15 OF 18 of obligation. This notice was published in the Fort Worth Star Telegram on January 23 and 30. On February 18, the City's Financial Advisor, First Southwest Company, will accept bids on the City's behalf from underwriters desiring to purchase the certificates. First Southwest Company will calculate the lowest net interest cost on the certificates and make a recommendation to award the bid at the February 18 City Council meeting. The certificates will be issued at a level annual debt service with a 20-year maturity. The $9.67 million in certificates to be issued will permit the City to initiate a large portion of the capital projects. Part of the annual debt service on the certificates will be repaid through a combination of water and sewer rates, and water and sewer impact fees. The remainder of the annual debt service will be repaid through the City's ad valorem tax rate, with no impact on the current year's rate. It is anticipated that no increase in water or sewer rates will be required. Pro- forma schedules prepared by First Southwest Company indicate that the City's debt tax rate component of the total tax rate may increase by $.012 for FY 1997-98. This rate is based on assumptions of tax base growth, interst rates and other factors, however, the increase will likely be diminished by greater than anticipated property value increases, and will not affect the Council's ability to maintain the tax rate at its current level in preparing the FY1997-98 budget. Motion was made to approve Ordinance No. 670, 1st reading, authorizing the issuance of the City of Southlake, Texas, Tax and Waterworks and Sewer System (Limited Pledge) Revenue Certificates of Obligation, Series 1997, for $9.67 million. Motion: Martin Second: Harris Mayor Rick Stacy read the caption of the ordinance. Ayes: Martin, Harris, Fawks, Muller, Moffat, Stacy Nays: None Approved: 6-0 vote A~enda Item #7-B. Ordinance No. 480-W. 2nd readine. Continued Karen Gandy, Zoning Administrator, continued with the review of Ordinance No. 480-W discussing the sections with regard to liability insurance and knox box requirements. Councilmember Gary Fawks thanked Ms. Gandy and Councilmember Harris for all their work on this ordinance as it was a very difficult project. PUBLIC HEARING: no comments were received during the public hearing. Motion was made to approve Ordinance No. 480-W, 2nd reading, with the following changes: deleting Section 2(J); deleting Section 5 excepting "CS"; deleting Section 6(4)(bi) reasonable satisfaction; modifying Section 6(F)(2b) to read, "maximum diameter of a monipole tower at the base shall not exceed 48 inches"; delete the first sentence of that section; modifying Section 6(G)(1) so that the structure is measured to the property line as opposed to the building or REGULAR CITY COUNCIL MINUTES OF THE 2/4/97 MEETING PAGE 16 OF 18 structure; modifying Section 6(H)(1) in accordance to the comments made by Karen Gandy; modifying Section 6(H)(2) with the requirement that a knox box or other approved devise acceptable to the Fire Marshal be included on any required fencing to give public safety personnel access to the area; modifying Section 6(K)(4) to include ancillary structures; modifying Section 6 (K)(7) signage is required on the fencing; deleting Section O in its entirety; deleting the first sentence of Section 6(N)(2) which reads, "City Council may grant a variance by an affirmative vote of the majority of the City Council members present and voting on the matter.' Motion: Harris Second: Martin Mayor Rick Stacy read the caption of the ordinance. Ayes: Harris, Martin, Fawks, Muller, Moffat, Stacy Nays: None Approved: 6-0 vote Agenda Item #11-A. Metrooort SH 114 Partnershio Pro_iect Curtis Hawk, City Manager, stated the purpose of this agenda item is to briefly bring Council up- to-date on the status of the Metroport 114 Partnership in light of the editorial in the Fort Worth ,~xr~gJ.e,g_~, on Monday, January 27, and the articles in the Dallas Morning News. Fort Worth r~aLT, c.L~gl:am, and ~ on Friday and Sunday of January 24 and 26. At the next Metroport Meeting this item may come up again, but it was not bickering, only honest debate. Mr. Hawk stated he feels the majority of those involved want to keep the Metroport 114 Partnership the way it is. A problem the group is dealing with now is the use of Texas Motor Speedway. It is only mid-year and they are booked through the summer. At the next City Council meeting, staff will be bringing forward a request for two addition motor officers to help deal with the traffic problems during those days. Agenda Item #11-B. Discussion: Water System Improvements for Elevated Storage. No comments were made on this issue tonight. Agenda Item #11-C. Planning and Zonine Alternatives Curtis Hawk, City Manager, stated staff has been preparing various items to provide to Council regarding alternative methods of processing items related to Planning and Zoning. Council was presented with the information staff has been able to pull together to this point. Greg Last, Director of Community Development, has enumerated the changes made since City Council previously acted upon this issue. Council direction is needed before staff proceeds further. Councilmember Gary Fawks stated he would like to consider utilizing a point system. Councilmember Martin also wants a point system for both residential and commercial. REGULAR CITY COUNCIL MINUTES OF THE 2/4/97 MEETING PAGE 17 OF 18 Councilmembers Gary Fawks and David Harris agreed to work on a solution to this and report back to the City Council within the near future. Aeenda Item #12. Ad_iournment. Mayor Rick Stacy adjourned the meeting at~~ ]~l'ay'o( Rick Stacy ~ Sandra L. LeGrand, City Secreta~l~ ~..~._OO~-~Ik REGULAR CITY COUNCIL MINUTES OF THE 2/4/97 MEETING PAGE 18 OF 18 City of Southlake, Texas CITY COUNCIL MEETING , SIGN UP IF YOU WISH TO SPEAK DURING THE MEETING DATE: NAME ADDRESS TELEPHONE AGENDA ITEM r r te r `` p d 1E3 ' v� L,-)1/e_ �'1Knn c.��,r k O A 1 L / C j U 1n / '73.5 fe/- . 8 /z_ 1 I � N14 f � L - co (3(Z. ,,c biz, 3 7 S 67 OFFICIAL RECORD REPORT TO THE CITY OF SOUTHLAKE FROM ITS LIBRARY COMMITTEE COMPOSED BY: CYNDA MAST, CO -CHAIR On February 4, 1997, the committee made a presentation to the city council summarizing its findings. The committee, composed of sixteen members, was appointed by the council in the summer of 1996. Its first meeting was held on July 30, 1996, and regular meetings continued until January 15, 1997. The committee's charge was to answer the following question, posed by the council: Will Southlake be better served by a stand -alone library or participation in a tri -city library with the cities of Grapevine and Collevville? THE PROCESS The committee progressed through a series of steps designed to assist it in answering the question posed by the council. The first step was to generate secondary questions that had to be answered in order to answer the primary question. The secondary questions included "Where could either type of library be located ? ", "How will a tri -city library be governed ? ", "Has anyone else tried a cooperative effort ? ", and other similar questions. The discussion and research of these questions led to the identification of three prominent issues: governance, location, and cost. Consensus was established that these three issues were the most critical in influencing a recommendation to the council. Research into matters related to these issues continued. Continued research generated additional questions. Answers to these questions was sought from many sources and resulted from engaging in a variety of activities involving the use of these sources. These included: • a meeting with the consultant hired by the city managers of the three cities involved -- Grapevine, Colleyville, and Southlake. The consultant, Richard Waters, had prepared a report to the cities after his own study of the issue of a tri- city library. The report was submitted to the members of the library committee, by Curtis Hawk, on August 16, 1996. The committee members read and discussed Mr. Waters' report, then met with him on October 16, 1997 to seek clarity and additional information regarding the contents of the report. A copy of Mr. Waters' report may be obtained from Curtis Hawk, City Manager of Southlake. • contacting officials at the Texas State Library. Contact was made with Belinda Boon, Continuing Education Consultant of the Library Development Division at the Texas State Library. Ms. Boon provided information regarding the rules for governing a public library in Texas and the minimum standards for the establishment of a public library. This information is contained in a document, which may be obtained from the Texas State Library, titled Texas Library Systems Act and Rules for Administering the Library Systems Act. Contact was also made with Mark Smith and Dick Getz, both officials of the Texas State Library. Mr. Smith works with the ten major Texas regional library systems, and Mr. Getz is grants administrator for the Texas State Library. • contacting other communities using shared library governance. The committee was able to find only one pair of communities in Texas that was sharing governance with another entity in administering its library. The cities of Crandall and Combine share the governance of their library with the Crandall Independent School District. Documents describing how this library was planned and established were sent to Southlake's Library Committee by Charlinda Gray, Crandall's City Manager, and Sharon Morrow, Assistant Superintendent of the Crandall Independent School District. • meeting with the city managers of Grapevine and Colleyville. A meeting with Bob Stripling, City Manager of Colleyville, took place on November 25, 1996. Attending the meeting were Mr. Stripling, Curtis Hawk, and three members of the Southlake committee - -Cynda Mast, Sally Hall, and Danita Fierce. Ms. Mast and Ms. Hall also met with Trent Petty, then City Manager of Grapevine, on January 2, 1997. The purpose of these meetings was to exchange information with the other cities' representatives regarding conditions that would satisfy their requirements for a tri -city library. Specifically, committee members were seeking information regarding what Grapevine and Colleyville would find acceptable on the issues of governance, location, and cost of a tri -city library. • contacting representatives from area libraries. The committee sought information regarding numbers of holdings in libraries of various sizes, numbers of professional and paraprofessional employees needed to maintain the libraries, hours of operation, and other specific types of information needed to help the committee identify the conditions under which it would find each type of library, stand -alone or tri -city, acceptable. THE CONDITIONS As the information - gathering process progressed, the findings were reported to, and discussed by, the members of the committee. Based on the outcome of the research, the committee identified conditions under which it would find each of the library types acceptable. The conditions are listed below. REQUIRED CONDITIONS FOR TRI -CITY LIBRARY PARTICIPATION A. State of the art technology B. Funding from each participating city comparable to the percentage of population of each city to total population C. 10 -12 full -time professionals, including director and assistant director D. 60 hours of service weekly E. 2.5 -3 items per capita F. Safe, convenient. aesthetically pleasing location near other amenities (shopping, other government facilities, etc.) G. 50,000 square feet, with adequate meeting and activity space to meet needs of all participating cities H. Governance must be shared equally among the participating cities REQUIRED CONDITIONS FOR STAND -ALONE LIBRARY A. State of the art technology B. Three full -time professionals, including director C. 56 hours of service weekly D. 75,000 holdings or five per capita (assumed 15,000+ population) E. Safe, convenient. aesthetically pleasing location near other amenities (shopping, other government facilities, etc.) F. 25,000 square foot building SUMMARY OF THE ISSUES As stated earlier in this report, the committee identified three issues which it considered to be most important in determining its recommendation to the council. What follows is a summary of the findings of the committee on each of those issues. Location Each of the three cities has land available upon which to build a library. Southlake owns the fourteen acre Richards /Timarron property bounded by 1709 and Byron Nelson Parkway. This land is adjacent to what will be Rockenbaugh Elementary School. Colleyville owns nine acres on Bluebonnet Drive between Glade and Hall- Johnson roads, which will also be the site of their new community center. Grapevine owns twelve acres behind their convention center. According to Trent Petty, their city manager at the time the committee was researching these issues, they would prefer to locate a new library building there, converting the old building to a senior center for Grapevine's citizens, or expand the current Grapevine Public Library. Mr. Petty said that Grapevine officials are flexible about the location of a library, not insisting that it be located in Grapevine. Governance The committee identified shared governance as one of the conditions required for Southlake's participation in a tri -city library. Grapevine will not agree to such an arrangement. Mr. Petty stated, in the meeting on January 2, 1997, that Grapevine officials are not willing to give up control of the library. He stated that he would agree to add representatives from the other two communities to a library advisory board, but that administrative decisions regarding staff hirings and firings must remain in the control of the city of Grapevine. Bob Stripling, Colleyville's City Manager, stated in the meeting on November 25, 1996, that Colleyville will probably agree to Grapevine's conditions. At the time of the meeting, he had not considered other governing options, although he did express interest in checking with Grapevine about their views on shared governance. Cost In the report the committee received from Richard Waters is a table in which Mr. Waters estimates the costs involved if each of the three cities builds and operates its own library. This is table 14, found on page 32 of the report. He estimates that Southlake's combined capital and operating costs would total $4,244,130, assuming a building size of 17,203 square feet and 14.4 staff members to operate the library. This is in contrast to his estimate of $12,946,223 in combined capital and operating costs if the three cities combined their efforts toward a library. This figure assumes a building size of 54,346 square feet and 47.2 staff members to operate it. This implies that the consultant's cost estimates for a stand -alone library are low, considering that our committee stated a square footage of 25,000 in its list of conditions. Conversely, the consultant's square footage estimates for a tri -city library are higher than the 50,000 square feet identidied as a size condition by our committee. Trent Petty stated that the $800,000 debt on the existing Grapevine library must be paid before a new library would be possible. THE VOTE On January 15, 1997, the committee members cast their votes for a stand -alone or tri -city library. Ten members attended the January 15 meeting and cast their votes as follows. Stand -Alone 7 Tri -City 1 Abstentions 2 The two abstentions occurred because one member of the committee, notably the single member who voted in favor of a tri -city library, protested that two other members had frequently and recently been absent from meetings. That prompted the two members in question to abstain from voting. Love Henry Homeowners Southlake, Texas 329 -8840, 481 -3241, 481 -6242 February 4, 1997 Honorable Mayor Rick Stacy City Council Members Southlake City Hall Chambers Southlake, Texas Mayor and City Council Members: At the February 3 meeting of the Southlake Parks and Recreation Board, the times of the use of lights, fields, and public address systems at Bicentennial Park was addressed and acted upon with a unanimous vote. We agree with their actions completely and wish to voice our support of this agreement. The times of play should end at 10:OOpm on Sun. - Thurs.with lights out at 10:30pm, on Friday - Saturday the play should end at 11:OOpm with lights out at 11:30pm. This meeting was the first that we have attended and felt the board understood our dilemma and was in agreement as to the solution. we encourage you,the council,to accept their recommendation in its entire form. We have had our quality of life greatly altered in the last year due to the current parks position, because we do not have a buffer to protect us. i We wish to present a unified front on the approach to the present condition at Bicentennial Park and its future expansion. We are willing to engage in communication at any time to solve the situation at hand and we request that we be notified of all meetings of the City Council, Parks Board, Southlake Parks Development Corporation, Joint Utilization Committee, Planning & Zoning Commission, and Zoning Board of Adjustment, in which any decisions involving Bicentennial Park are on the agenda. This notification should be mailed to : KIM CAMPBELL 495 LOVE HENRY CT. SOUTHLAKE, TEXAS 76092 Attached you will find a copy of the letter that was entered into the minutes of Southlake Parks and Rec. Board last night, please pay close attention to paragraphs 1 and 2. Thank you for your support in this matter. Sincerely yours, Si and Nell Rickman John and Kim Campbell Harold and Angela Annis Francis and Lisa Nathan John and Mo Remetta Izak and Gay Gregory John and Kay Myers Mike and Phyllis Benton Michael and Pat Nichols Mark and Susan Prestjohn Love Henry Homeowners Southlake, Texas 329 -8840, 481 -3241, 481 -6242 February 3, 1997 Southlake Parks Board Members Southlake City Hall Chambers Southlake, Texas Chairman and Parks Board Members: On Jan 20, 1997 we appeared before this board to address the Facilities Use Agreement. At that meeting there was discussion of the requests the Love Henry Homeowners had made and what brought that about. After lengthy discussion A motion was made by Ronnie Kendall that addressed the end of play and the lights out times. We understood that game play would end at 10:00 pm Sun -Thurs with lights out at 10:30 pm and that game play would end at 11:O0pm on Fri -Sat with lights out at 11:30. As to practice it was supposed to end at 9:OOpm Sun -Thurs and 10:00 pm Fri -Sat with lights out 30 minutes later. The motion was seconded and you as a board voted unamiously to implement these times and present them to the leagues. This presentation was to take place Jan 21 in the AM and was to be voted on at City Council Jan 22. These agreements were more generous than the original ones referred to by the City Council in 1994 originally. The Leagues rejected the agreement and it was removed from City Council on Jan 22, a meeting was planned by Vickie Johnson to include a representative from our neighborhood and the presidents of the leagues and two parks board representatives. The meeting was set for Thurs Jan 24, The homeowners contacted Kim Lenoir and Vickie Johnson saying that they would have no representation and asked that the meeting be rescheduled at a time convenient. The rescheduling was not possible. At this meeting of parks board members and league presidents the agreement was discussed. Kim Campbell called Vickie Johnson on Friday Jan 25 to inquire as to the feeling and Vickie told Kim Campbell that the only objection they had was the 9:00 agreement on practice and could all the Sun - Thurs agreements remain the same at 10:30 lights out. This is not the agreement that is represented tonight (2/3) before you. We do not agree to the agreement as it is presented and furthermore now that we know the dates of practice and the length of practice in days do not agree to extend the time to 10:30 at all. IMMEDIATE REQUESTS 1. That there be a moratorium on the addition of any new leagues or additional teams allowed to use Bicentennial Park until the time the city initiates the purchase and establishment of a true buffer from the lights noise and traffic from the existing park. 2. That there be no scheduled games allowed to end after 10:OOPM on weekdays and 11:00pm on weekends. 3. That the homeowners on Love Henry Court have access to a phone number of a city employee who can turn the lights off when the park is not in use, currently they can easily be turned on for as little as 10 minutes and the remain on until the timer goes off. 4. That there be no scheduled games to begin before 9:OOAM on Saturdays and no games to begin before 1:OOPM on Sundays. 5. That there be NO TOURNAMENTS PLAYED 24 HOURS CONTINUOUSLY AND NO TOURNAMENTS ALLOWED TO USE PUBLIC ADDRESS SYSTEMS. 6. The lights require further adjustment until they do not illuminate the property adjacent to the park. This was requested of Kim Lenoir and the parks board in meetings in August and October of 1996 and we are not aware of any actions taken. 7. The lighting timers require more correction. The fields should not be lit when not in use or beyond restricted times. Current restrictions are not acceptable, under no circumstances should the lights exceed 10 pm weekdays and 11 pm weekends as this was the original agreement in 1994. 8. There should be homeowner notification and input before temporary extension of hours of use of lights and fields beyond the current restrictions which were originally 10 pm week nights and 11 pm weekends. 9. All practice should take place on the original ball fields, not on the fields directly South of our homes and should not require lights to practice. The development of a buffer 15 -20 feet in height with a dense planting of evergreen trees of 5 caliper inch is our number one priority and we will not back down on this issue or accept delays or inferior substitutions. The lights still need more adjustment and the times they are on is unacceptable. The use of an outdoor Public Address System is also not acceptable at any time. We wish to present a unified front on the approach to the present condition at Bicentennial Park and the future expansion of the same park. We are a development that has been established over 20 years, and one of the few low density developments in the city. We are willing to engage in communication at any time to solve the situation at hand and we request that we be notified individually of all meetings of the City Council, Parks Board, Southlake Parks Development Corporation, Joint Utilization Committee, Planning & Zoning Commission, and Zoning Board of Adjustment, in which any decisions involving Bicentennial Park are on the agenda. Sincerely yours, Si and Nell Rickman John and Kim Campbell Harold and Angela Annis Francis and Lisa Nathan John and Mo Remetta Izak and Gay Gregory John and Kay Myers Mike and Phyllis Benton Micheal and Pat Nichols Mark and Susan Prestjohn ..................... .................... 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