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2001-01-02 REGULAR CITY COUNCIL MEETING 667 NORTH CARROLL AAVENUE SOUTHLAKE, TEXAS JANUARY 2, 2001 MINUTES COUNCILMEMBERS PRESENT: Mayor Rick Stacy; Mayor Pro Tem Gary Fawks; Deputy Mayor Pro Tem Ronnie Kendall. Members: Patsy DuPre, Greg Standerfer, Rex Potter, and Keith Shankland. CITY STAFF PRESENT: City Manager Billy Campbell; Assistant City Manager Shana Yelverton; Assistant to the City Manager John Eaglen; Director of Finance Sharen Elam; Director of Economic Development Greg Last; Director of Community Services Kevin Hugman; Library Administrator Terry McLaughlin; Public Information Officer James Kunke; Director of Planning Bruce Payne; Senior Planner Dennis Killough; Interim Director of Public Works Charlie Thomas; Engineer Michael Hutchinson; Assistant to the Public Works Director Valerie Bradley; Interim Director of Public Safety Ricky Black; Chief of Police Marlin Price; Fire Marshall David Barnes; Building Official Paul Ward; City Attorney Debra Drayovitch; and, City Secretary Sandra L. LeGrand. WORK SESSION: Mayor Rick Stacy called the work session to order at 5:45 p.m. Councilmembers and staff discussed items on the agenda. The work session was audio and video tape- recorded for future reference. Copies are available upon request from the City Secretary. ✓ Agenda Item #8 -A, ZA 00 -120, Preliminary Plat of High Point Subdivision. Director of Planning Bruce Payne explained to Council that the developer of High Point Subdivision Kosse Maykus is continuing to work on an agreement with the property owners to the west of the property. It was noted that the lot lines match the recommendations made by the P &Z and City Council at previous meetings, with the different zonings in place. V Agenda Item #10 -A, Approval of Library Policies. Director of Community Services Kevin Hugman noted that one change has been made to the policy regarding the Internet. Hugman referenced an article in the newspaper this weekend regarding a Federal mandate. Because of that mandate, he has made a change to the policy, which reads, "The City of Southlake will employ filtering software on all Internet capable computers in accordance with applicable Federal mandates." The City of Southlake does not promote or condone the use of its computer system for illegal purposes and expressly prohibits the same as well as accessing illegal sites. Further, the City finds there is material on the Internet, while not obscene, that is not appropriate for minors due to explicit sexual descriptions or graphics. The City recognizes that minors may utilize Library resources, including the Internet, outside of their parents' presence. The City of Southlake, through the Library, has a compelling interest to assist parents in Regular City Council Meeting Minutes of January 2, 2001 Page 1 of protecting the welfare of minors who are vulnerable and unable to make critical decisions in an informed and mature manner. Failure to abide by the aforementioned policy may result in a one -week suspension of computer privileges. Subsequent violations may result in the loss of any and all library privileges for twelve months. Even filters cannot insure that obscene and other illegal materials are not available. Due to the Internet capability to constantly change and establish new sites, user expertise, and other technology, it is still possible to access illegal, obscene or offensive sites. The City of Southlake makes no guarantee that such access will not occur even with the use of filters. The selection of a filtering program is solely within the discretion and judgment of the City. Users must accept responsibility for information displayed or printed during their Internet session. THE CITY OF SOUTHLAKE EXPRESSLY DISCLAIMS ANY LIABILITY OR RESPONSIBILITY RESULTING FROM THE USE OF ITS COMPUTER SYSTEM, SELECTION OF A FILTERING PROGRAM, ACCESS TO THE INTERNET, DATA, INFORMATION, OR MATERIAL ON THE INTERNET, OR THE USE OR MISUSE OF INFORMATION FROM THE INTERNET. Councilmember Patsy DuPre commented on the donation policy and procedures, and that acceptance of donations to the library. Kevin Hugman stated, "Less than one thousand dollars can be accepted by the Library Administrator, and any amount over that would be taken to the Library Board and on to Council for their approval. The Library Board has the authority to turn something down for reasons of too many restrictions, and what the donation is. If the donation is not appropriate, then the Library Board can say no. If there is something controversial and the Library Board is not comfortable making that decision, they it will go to the City Council for consideration." If the issue is regarding art, the Art Policy can speak to that in the future, even though the Art Policy is not in place at that time. Councilmember Ronnie Kendall stated, "In the policy under `Loan Lengths', there is a category that I wish to be included and that is, "Books on Cassette" and I feel that should also be fourteen (14) days, because some of them range from 9 to 14 hours." Hugman agreed to make that change. ✓ Councilmembers agreed that Agenda Items #8 -A, #10 -A, #10 -B, #10 -C, #10 -D, and #10 -E, be included on the consent agenda. The work session ended at 6:15 p.m. Regular City Council Meeting Minutes of January 2, 2001 Page 2 of REGULAR CITY COUNCIL MEETING Agenda Item #1 -A, Call to Order Mayor Rick Stacy called the Regular City Council meeting to order at 6:17 p.m. City Council meetings are video and audio tape- recorded for future reference and copies are available upon request from the City Secretary. 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 Texas Government Code, Sections 551.071, 551.072, 551.073, 551.074, 551.086 to seek legal advice from the City Attorney; to deliberate regarding real property matters; to deliberate regarding a prospective gift; to deliberate regarding personnel matters; to deliberate regarding security devices; and /or to deliberate regarding economic development negotiations. Council adjourned into executive session at 6:18 p.m. Council returned to open session at 6:45 p.m. Agenda Item #2 -B, Action Necessary /Executive Session Motion was made to authorize staff to hire Brenda McDonald, an independent attorney, to advise the Zoning Board of Adjustment during a hearing in January. Motion: Kendall Second: DuPre Ayes: Kendall, DuPre, Standerfer, Potter, Fawks, Shankland, and Stacy Nays: None Approved: 7 -0 votes Agenda Item #3, Invocation /Pledge of Alligence to the Flag Mayor Rick Stacy led the pledge of allegiance to the flag. Agenda Item #4 -A, Mayor's Report Mayor Rick Stacy welcomed everyone to the meeting and stated he was hopeful those present were happy to be present and would be happy when they leave. He announced that Council had a wonderful time this morning at the ribbon cutting of the new Southlake Town Hall and that the City Manager would share some of the thoughts about that. Agenda Item #4 -B, City Manager's Report City Manager Billy Campbell commented, "We basically moved four buildings in two and one -half days. We are up and running and for the most part everything is Regular City Council Meeting Minutes of January 2, 2001 Page 3 of operational." Campbell indicated there was some confusion on the telephone systems, which were being worked on. He recognized staff members who "went beyond the call of duty" to make the move a smooth transition. Public Works staff: Charlie Thomas and Valerie Bradley GIS staff: Melinda Polley, Pat Whitham and Sunny Lindsey Technical Services staff: Gary Gregg, Slaven Manning, and Andy Burt Mr. Campbell informed Council and the audience that the main telephone number is not 817/481 -1653. Agenda Item #4 -C, SPIN Report The SPIN Report was made by Bill Stone, SPIN #13 Representative. Mr. Stone reported that SPIN #13 was located in the west central part of the City, bordered by Shady Oaks on the east; FM 1709 on the south; Randol Mill on the west and Cross Timber Hills on the north. He thanked SPIN #13 liaisons, Bill Kyle and Susan Ensley from Southridge Lakes, Rhonda Plansay and Jim Rosenketter from Myers Meadow, and Jean Alexander from Ginger Creek. Mr. Stone said they have had a busy time in SPIN #13 since his last report. They have averaged one meeting per month, with about fifty (50) attendees. Topics have included the West DPS facility and the Jellico Town Crossing project. Mr. Stone commented they hope for a quieter year ahead! They will be pleased to see the completion of the intersection improvements on FM 1709. The SPIN Standing Committee asked him to remind everyone of the next Citywide Forum regarding South Kimball Road improvements scheduled for January 8 at the Public Works Facility. The meeting will be hosted by SPIN #8, but everyone is invited. Agenda Item #4 -D, Library Board Report Chairman of the Library Board Maria Cameron gave the report noting that a Library Board Retreat would be held on January 6, from 9:00 a.m. to 2:00 p.m. at the Senior Center. If anyone had issues they would like to have discussed during the Retreat, please contact a member of the Board. The Retreat was for Library Board members only. Ms. Cameron stated progress was being made toward the opening of the library. She said they were hopeful the library technology bid would be presented to Council at the next meeting if everything went as planned. Ms. Cameron noted they were currently interviewing for two professional positions in the library: a children's librarian and a technical services librarian. Agenda Item #5, Consent Agenda Mayor Rick Stacy informed the audience that "consent agenda" items, which consist of several items, are considered by one vote. He said if anyone had a request for a item not Regular City Council Meeting Minutes of January 2, 2001 Page 4 of to be considered during the consent agenda segment, that item would be deleted from that portion of the agenda and considered separately. The consent agenda items were as follows: 5 -A. Approval of minutes of the Regular City Council meeting held on December 5, 2000. 5 -B. Award of bid to Marpave, Inc. for Lonesome Dove Park sidewalk construction. 5 -C. Award of bid to Botanical Technologies for Bob Jones Park Phase II improvements. 5 -D. Resolution No. 00 -108, Supporting the recommendations of the North Texas Commission Board of Directors to the 77 Texas Legislature to take certain actions to improve Texas' air quality in the State of Texas. 5 -E. Resolution No. 00 -109, Supporting the recommendations of the North Texas Commission Board of Directors to the 77 Texas Legislature to take certain actions to improve Texas' surface transportation infrastructure in the State of Texas. 5 -F. Resolution No. 01 -001, Appointment of Chair to the Tax Increment Reinvestment Zone Number One Board of Directors for 2001. 5 -G. Authorize the Mayor to enter into a Scope of Service Agreement with the Southlake Chamber of Commerce for 2001. 5 -H. Authorize the Mayor to enter into a lease purchase agreement between Government Capital Corporation and the City of Southlake for a Model 2001 Lance Custom Pumper Fire Truck. 5 -I. Approval of 2001 Planning and Zoning Commission Submittal and Meeting Schedule. 5 -J. Variance to Subdivision Ordinance No. 483, as amended, Section 4.01(1) 2, Plat Expiration for Case No. ZA 99 -096, Final Plat, Sabre Group Campus. 5 -K. ZA 00 -123, Plat Vacation of Lots 1 and 2, Simmons Addition. Location: North side of Rainforest Court and on the south side of Brookwood Street. 8 -A. ZA 00 -120, Preliminary Plat of High Point, on property described as Tracts 3A, 3A1, 3A1A, 3A1B, 3A1C, 3A2, 3E, and 3E1, Littleberry G. Hall Survey, Abstract No. 686, being 17.950 acres. 10 -A. Approval of library policies. Regular City Council Meeting Minutes of January 2, 2001 Page 5 of 10 -B. Request for a variance to Sign Ordinance No. 704 -A, for Kumon Math and Reading Center located at 2120 East Southlake Boulevard, Suite A (Village Center) to allow an oversized attached sign. 10 -C. Request for a variance to Sign Ordinance No. 704 -A, for Fitness HQ located at 2800 East Southlake Boulevard (Gateway Plaza) to allow an additional attached sign on the east elevation. 10 -D. Authorize the Mayor to execute a developer agreement for Timarron Clubhouse Estates and East Continental Boulevard bridge replacement. 10 -E. Authorize the Mayor to enter into an engineering services contract between Graham Associates, Inc. and the City of Southlake, City of Keller, and the Town of Westlake for engineering for the construction documents and right -of -way documents for FM 1938, Precinct Line Road from SH 114 to FM 1709. Motion was made to approve the consent agenda as follows: Items #5 -A through #5 -K, naming Gary Fawks as chairman of the Tax Increment Reinvestment Zone Number One Board of Directors for 2001 in Item #5 -F; Item #5 -I, canceling the Planning and Zoning meeting on December 20, 2001 and canceling the City Council meeting of January 1, 2002; Agenda Item #8 -A, subject to the Plan Review Summary #2, dated December 1, 2001; and approving Items #10 -A, #10 -B, #10 -C, #10 -D, #10 -E, and #10 -F as presented. Motion: Fawks Second: DuPre Ayes: Fawks, DuPre, Standerfer, Potter, Kendall, Shankland, Stacy Nays: None Approved: 7 -0 vote ADDITIONAL INFORMATION REGARDING CONSENT AGENDA ITEMS 5 -A. Approval of the minutes of the Regular City Council meeting held December 5, 2000. The minutes were approved as presented. 5 -B. Award of bid to Marpave, Inc. for Lonesome Dove Park sidewalk construction. Lonesome Dove Park is an eight (8) acre neighborhood park located in the northeast section of the city in the Lonesome Dove Estates subdivision. The park includes a pavilion, picnic tables, benches, and playground with swings, parking lot and open space. The proposed sidewalk would circle predominantly around the exterior of the park and provide approximately .45 miles of walking /running surface. The concrete sidewalk would be six feet in width and would tie into the existing sidewalk to the east. The southern portion of the sidewalk along Emerald Estates would be placed north of the existing berm in order to provide adequate buffer for the adjacent homeowners to the south. A boardwalk eight feet in width and approximately 100 feet in length will be featured within the storm water detention area. Funding in the amount of $60,000 was allocated in the fiscal year Regular City Council Meeting Minutes of January 2, 2001 Page 6 of 1998 -99 SPDC budget for improvements at Lonesome Dove Park. The low bidder was from Marpave, Inc. for concrete improvements total $47,340. 5 -C. Award of bid to Botanical Technologies for Bob Jones Park Phase II improvements. Staff has been working with the engineering firm of Cheatham and Associates on the design of the next phase of improvements for Bob Jones Park. The major components of the project include six (6) practice ballfields, parking lots, small pond, amphitheater, multi -use trails, concession/restroom building, pavilion/boardwalk, day camp area, a portion of the loop road, and associated infrastructure. Additional deductive alternates such as benches and trash receptacles were also included as part of the bid. The engineering estimate on the base items of the project was approximately $2.4 million. Botanical Technologies is a firm known for having constructed numerous parks and park related facilities, and had a bid of $2,529,041.23. The SPDC approved funding this project. 5 -D. Resolution No. 00 -108, Supporting the recommendations of the North Texas Commission Board of Directors to the 77` Texas Legislature to take certain actions to improve Texas' air quality in the State of Texas. The resolution maintains the integrity of the State Implementation Plan (SIP), taking no action to eliminate or reduce any control measure without adding an alternative measure to achieve an equivalent emissions reduction. It provides the Texas National Resource Conservation Commission (TNRCC) with authority and resources adequate to ensure SIP implementation, including funding for state -of -the -art air quality research modeling tools and monitoring equipment; and establishes incentives to reduce mobile source emissions, such as competitive program offering grants to applications that achieve the most cost - effective emissions reductions through vehicle retrofit, re- power, or purchase; and, encourages the purchase of alternative fuel vehicles and other low emission vehicles with tax credits, rebates, exemptions, or other incentives; and authorizes local governments to exercise the option to employ programs to reduce mobile source emissions, such as vehicle inspection and maintenances, low income vehicle repair assistance, and accelerated vehicle retirement. 5 -E. Resolution No. 00 -109, Supporting the recommendations of the North Texas Commission Board of Directors to the 77 Texas Legislature to take certain actions to improve Texas' surface transportation infrastructure in the State of Texas. The resolution supports the allocation to counties of five percent (5 %) of vehicle sales tax collected, rather than vehicle registration fees equal to that amount, as was done prior to 1992; and makes all appropriations to support functions of the Department of Public Safety not directly related to transportation from the General Revenue Fund rather than the State Highway Fund. It deposits into the State Highway Fund rather than the General Revenue Fund revenues collected by the Department of Public Safety from the following transportation - related fees; motor vehicle inspection fees; driver license fees, and driver record information fees; and deposits into the State Highway Fund rather than the General Revenue Fund revenues derived from highway right -of -way licensing or Regular City Council Meeting Minutes of January 2, 2001 Page 7 of leasing, and increases appropriations to the Lateral Road and Bridge Fund to at least $30 million per year, without reducing TxDOT funding, and revise the allocation formula for Lateral Road and Bridge Fund monies giving 50% weight to population and 50% to county lane miles, with each county receiving an allocation not less than 150% of the amount it received in the previous biennium; and amends the Development Corporation Act to include transportation as an allowable use under certain sections and permits local governments by local option election to enact a sales tax for transportation , including transit, within the existing 8.25 cent sales tax cap and enacts legislation and authorizes an election to consider a constitutional amendment to permit the use of state funds for toll road development in Texas. 5 -F. Resolution No. 01 -001, Appointment of Chair to the Tax Increment Reinvestment Zone Number One Board of Directors for 2001. Section 311.009(0 of the Tax Increment Financing Act states the following: "Each year the governing body of the municipality shall appoint one member of the board to serve as chairman for a term of one year that begins on January 1 of the following year." Council reappointed Gary Fawks to serve as chairman for another year term. 5 -G. Authorize the Mayor to enter into a Scope of Service Agreement with the Southlake Chamber of Commerce for 2001. The agreement is basically identical to agreements of prior years. The agreement identifies the various services the Chamber provides to the benefit of Southlake in exchange for the monthly payment of $1,250. The Chamber provides various services that are not listed in the agreement including fielding numerous questions on a daily basis regarding city services, such as who does one contact to have water turned on, and conducting a business retention and expansion program that is continuing to evolve. The amount budgeted for this service is $15,000 per year. 5 -H. Authorize the Mayor to enter into a lease purchase agreement between Government Capital Corporation and the City of Southlake for a Model 2001 Lance Custom Pumper Fire Truck. The Council approved the lease - purchase option in September 2000 when the budget was adopted for the amount of $69,000. This lease - purchase is presented for a total of $65,150.743 each year for an eight -year commitment. The fire truck will be purchased off of the State bid eliminating a bidding process. At the end of the eight -year commitment, the City has the option to send back, trade in or purchase for $1.00. The total cost of this pumper is $401,975.87. The lease - purchase is paid for through the Fire Services budget. This agreement is a cost savings of $3,849.26 for the city of Southlake. 5 -I. Approval of 2001 Planning and Zoning Commission Submittal and Meeting Schedule. Council approved the schedule presented, canceling the P &Z meeting of December 20, 2001 and the City Council meeting of January 1, 2002. 5 -J. Variance to Subdivision Ordinance No. 483, as amended, Section 4.01(1)2, Plat Expiration for Case No. ZA 99 -096, Final Plat, Sabre Group Campus. On Regular City Council Meeting Minutes of January 2, 2001 Page 8 of November 18, 1999, the Planning and Zoning Commission approved the final plat. This plat had not yet been filed in the County Plat Records, and expired on November 18, 1999. The owner requested that the validity of this plat be extended to September 15, 2001, from the date of City Council's action upon this request. Because this plat had expired, a variance is necessary to meet the ordinance. The extension is until September 15, 2001. 5 -K. ZA 00 -123, Plat Vacation of Lots 1 and 2, Simmons Addition. Owner of the property is John Simmons; Chris and Nanette Lockhart. The applicant is Fred Joyce -Mary Myer's Enterprises, Inc. The property is located on the north side of Rainforest Court and on the south side of Brookwood Street. The purpose of this plat vacation is to eliminate easements and platted lot boundary in order to file a new final plat establishing a new lot boundary, new easements and right -of -way alignment. 8 -A. ZA 00 -120, Preliminary Plat of High Point, on property described as Tracts 3A, 3A1, 3A1A, 3A1B, 3A1 C, 3A2, 3E, and 3E1, Littleberry G. Hall Survey, Abstract No. 686 being 17.950 acres. On December 7, 2000 the Planning and Zoning Commission approved (7 -0 vote) subject to Plat Review Summary No. 2, dated December 1, 2000, and to accept the applicant's willingness to provide 4' sidewalk connecting Shady Oaks to Southridge Lakes through this development. Council approved the preliminary plat subject to the Plat Review Summary No. 2, dated December 1, 2000. 10 -A. Approval of library policies. The library policies were approved, subject to the changes made during the work session tonight (see pages 1 & 2 of these minutes). 10 -B. Request for a variance to Sign Ordinance No. 704 -A, for Kumon Math and Reading Center located at 2120 East Southlake Boulevard, Suite A, Village Center, to allow an oversized attached sign. The Village Center shopping center was developed in 1996 and 1997. The sign ordinance in effect at that time allowed attached signs to have an area up to 1.5 times the width of the storefront. Since September of 1998, the ordinance has limited the sign area to .75 times the storefront. Kumon USA is relocating within the shopping center. This request is to allow the relocation within the center of the existing sign. The store was 30 feet wide in their original location and is approximately 35.5 feet wide in their new location. The 35.5 storefront allows 26.6 square feet. The requested sign is approximately 42.75 square feet in area. 10 -C. Request for a variance to Sign Ordinance No. 704 -A, for Fitness HQ located at 2800 East Southlake Boulevard (Gateway Plaza) to allow an additional attached sign on the east elevation. Fitness HQ is located on the west end of the building at the southeast corner of Gateway Plaza, Phase I. The building was built facing Southlake Boulevard on the south and the western entrance to the center on the west. Section 16 of the Sign Ordinance allows one sign on the south elevation facing Southlake Boulevard. Because the available parking for this space is on Regular City Council Meeting Minutes of January 2, 2001 Page 9 of the west side of the building, the applicant has requested an additional sign be allowed on the west elevation. The secondary sign rule would not apply because there is not a public entrance on the west side of the building. On the opposite end of the building, Baker Brothers is allowed a sign facing east because of the location of Gateway Drive. The sign otherwise fully complies with the ordinance. 10 -D. Authorize the Mayor to execute a developer agreement for Timarron Clubhouse Estates and East Continental Boulevard bridge replacement. The final plat for Timarron Clubhouse Estates was approved on September 21, 2000. This is a seven lot addition near the clubhouse. The developer agreement covers the construction of street drainage, water and sanitary sewer in the addition. The agreement also covers the replacement of the small bridge on East Continental Boulevard, just west of Breeze Way. The developer intends to replace that bridge with new ore -case concrete box culverts. The developer intends to pay for new culverts on Continental Boulevard, but is requesting that the 2% administrative processing fee and the 3% inspection fee be waived. The City will save over $100,000 on the cost of replacing the bridge on East Continental Boulevard. The Park Board recommends a Park Fee of $10,500 for the seven lots. 10 -E. Authorize the Mayor to enter into an engineering services contract between Graham Associates, Inc. and the City of Southlake, City of Keller and the Town of Westlake for engineering for the construction documents and right -of -way documents for FM 1938, Precinct Line Road from SH 114 to FM 1709. On August 15, 2000, Council approved Resolution No. 00 -74, requesting participation by the State of Texas Department of Transportation for improvements to FM 1938 interchange at SH 114, and FM 1938 roadway improvements from SH 114 to FM 1709. The resolution was also adopted by the cities of Westlake and Keller and by the Metroport Cities Partnership. This is a follow -up to that action by authorizing the City Manager to execute a joint contract with the cities noted above and Graham Associates, Inc. to develop the required construction and design documents for submittal to TxDOT. The total contract amount for engineering services is quoted to be $1,309,238. The City of Southlake's estimated financial contribution is $113,434. It is possible that it will be less depending on additional future contributions from benefiting private landowners. The City has budgeted $150,000 for its contribution to this project in the FY 2000 -2001 budget. Agenda Item #6, Public Forum Bill Spivey, 1520 Randol Mill Road, Southlake. Mr. Spivey requested that the City Council research their ordinances to see if there was anything the City could do to require the new property owners across from his property [1501 Randol Mill Road] to fix and complete the reconstruction of the building on their property or tear it down. He was asking because the property has become an eyesore and he believes it is dangerous to the children who play in and around the structure. He asked the City Council for assistance. Mr. Spivey thanked the City Council for the great job with the New Town Hall. Regular City Council Meeting Minutes of January 2, 2001 Page 10 of Kenneth Horne, 1215 Ashmore Court, Southlake. Mr. Horne addressed the issue of "big box retail" in Southlake. He stated he would like for the City Council to limit the size of structures. He also noted that he did not want to have another strip center on the north side of SH 114, stating, he did not feel the city needs to create more empty businesses in Southlake. He asked the City Council for an ad hoc committee to work on economic development of this issue and to inform the department of what the residents want in Southlake. Agenda Item #7 -A, Ordinance No. 480 -351, 2 " Reading (ZA 00 -084), Rezoning and Concept Plan for Emerald Estates South Ordinance No. 480 -351, 2 Reading, (ZA 00 -084), Rezoning and Concept Plan for Emerald Estates South, on property described as Lot 2, Block 1, Emerald Estates South. Current zoning is "AG" Agricultural District with a requested zoning of "SF -20A" Single Family Residential District. Owner of the property is Frank S. Shelby and the applicant is Allegheny Land Company. Art Clayton was the representative of the applicant. Senior Planner Dennis Killough presented this case noting the property was located on the north side of East Dove Street approximately 120' east of North Carroll Avenue. The Land Use Category shows this property to be medium density residential. The requested zoning on this property has been changed from SF -20A to SF -30, Single Family Residential District. The City Council approved the first reading of ZA 00 -084 on December 5, 2000, (5 -2 vote); subject to the Concept Plan Review Summary No. 5, dated December 1, 2000; and subject to the following: • Providing for a minimum lot width measured at the building setback line of 100' for Lots 4 & 6; • Leaving the building setback side yards at 35' for Lots 3 and 7; • Providing a single access from Dove Road for Lots 9 -12; • Allowing a drive for Lot 13 off of Dove Road; • Noting in the deed restrictions (or covenants) of the property to notify the residents that there is a right -of -way along Dove Road of whatever width back from the edge of the roadway so that they will know where their property actually comes; • Adding a variance to the right -of -way dedication as requested in lieu of a public easement for sidewalks as proposed by the applicant; • And understanding that the developer is going to have a meeting with the property owners to the rear, explaining the action taken by the City Council tonight in requiring a single access off of Dove for Lots 9 -12. Mr. Killough noted that the Concept Plan Review Summary No. 6, dated December 29, 2000; the following variances were being requested by the applicant: • Dedication of right -of -way for East Dove Street in compliance with the Master Thoroughfare Plan, Subdivision Ordinance No. 483, Section Regular City Council Meeting Minutes of January 2, 2001 Page 11 of 5.02D. Applicant proposes dedication of a 6' pedestrian access instead of an additional 5' of R.O.W. dedication. • Variance to the lot width measured at the minimum 40' building setback line. Applicant proposes an increased building setback of 50' to achieve the 100' width. The applicant has shown two common access easements to serve the four most eastern lots fronting Dove Street. The four most western lots fronting Dove are also served by common access easements, which connect to the proposed internal cul -de -sac. This plan also shows a one -lot reduction (total of 11 lots) from the previous plan presented to City Council (total of 12 lots). Art Clayton, 3159 Lake Drive, Southlake. Mr. Clayton stated he listened to the City Council closely and felt he had a good plan. He stated that he had been working closely with City Engineer Charlie Thomas. PUBLIC HEARING: Mary Blackwill, 1491 Emerald Circle, Southlake. Mr. Blackwill stated he does not wish to speak, but was opposed to this plan. W. Craig Willan, 1376 Lakeview Drive, Southlake. Mr. Willan read a letter dated December 16, 2000, into the record from Mr. Kenneth Mason, 1351 Emerald Circle, Southlake, which read, "As a follow -up letter to my concerns expressed at the P &Z meeting in November, I now bring before the Council. The developer has expressed his desire to save the mature trees on the proposed site, which will maintain the lovely tree canopy and of course maintain the lot value on his property. But in that very same light, I must voice my dismay over P &Z's attitude that the mature trees and pond on my property are expendable for the sake of progress- I feel the victim of sorts. Many have told me that the lovely country setting, large mature trees, and pond make my property very unique -and indeed it sold us on the property. I fully understand the legality of drainage easements, but maintaining the country setting is in the best interest to the developer, as well as myself. I am not speaking of a small pond or small trees. I am speaking of a pond that covers a quarter of the acre, and over fifteen feet deep that has been a part of the Southlake landscape for no telling how long. The developer's proposed drainage runs through our footbridge, through the center of the pond, grove of mature trees. And as the developer showed slides on how the backhoes devastated the landscaping along North Carroll and would not want that to happen in front of his property, it only made me think of the potential damage to my own. And as you have heard so many times, my family also enjoys the country setting of Southlake. We enjoy our pond, and the migratory waterfowl that visit each year, the herons that fish there throughout the summer, and the opportunity for myself to enjoy fly - fishing. I have scheduled the drilling of a water well next year, both to maintain the water level and irrigate the property -- something now I feel I must put on hold. I would like the Council to fully understand, that I am not opposed to the development itself, in fact the proposed homes are very nice. I only ask Regular City Council Meeting Minutes of January 2, 2001 Page 12 of the Council and city engineering staff to consider my problem and work with me on a solution that can work for the developer, and maintain our own landscaping and pond." R. Barney Roger, 1201 Emerald Circle, Southlake. Mr. Roger stated he was in opposition to the development and noted his issues as being trees, drainage, and the number of lots. Jim Blackwill, 1491 Emerald Circle, Southlake. Mr. Blackwill complimented the City Council for the communication system the city has in the SPIN program, and cable television viewing of the meetings. He referenced the petitions that have been presented and stated this was a very emotional issue for the neighborhood. He stated they have lived with construction for several years and now someone wants to come through his back yard. He expressed that he was very concerned with what this development would do to his area. Drainage was his main issue. He asked the City Council to try and find another way. Richard Schneider, 1401 Emerald Circle, Southlake. Mr. Schneider noted that some of the issues on the petitions have been resolved, but until he sees the issues on the plans, he will not believe it. He was opposed to the re- routing of the sewer and drainage through existing residential neighborhoods. Mr. Schneider stated he was also opposed to the name of Emerald Estates South, as this new addition does not even meet their deed restrictions. It was brought to the attention of Council that the Dove drainage culvert was and has been an existing problem, and that they have problems now! Mr. Schneider stated he would support this development if they were one -acre lots and created no additional drainage issues. Charles Cox, 1451 Emerald Circle, Southlake. Mr. Cox stated he has two new issues to bring up. He stated he has not gotten the report from the arborist that reviewed the trees in the 50' drainage easement. He stated he wanted to see more detailed drainage documents of the entire area, including the holding tank on Lot 6. Mr. Cox stated he felt the homes being built on the property would need fill dirt, which would only add to the drainage problems. Mario S. Molina, 1481 East Dove Road, Southlake. Mr. Molina stated he lives east of the proposed development and he was already flooding. He stated he would only be in favor if there were one -acre lots only. F.C. LeVrier, 1550 East Dove Road, Southlake. Mr. LeVrier stated he was not directly affected by this development. He asked the City Council to check the Public Works records for how many times they had been called out to this area because of drainage issues. He asked Council to also check the number of accidents on Dove Road in the area. He suggested some how the City Council use indirect influence into tabling this issue tonight so that Council and Mr. Clayton could check on the suggestions made tonight by the adjacent property owners. He also asked that Mr. Clayton hold a meeting with the residents in that area before coming back to Council for approval of the second reading. Regular City Council Meeting Minutes of January 2, 2001 Page 13 of Director of Planning Bruce Payne announced to the Council and audience that more than 20% of the residents in the area were opposed to this request, therefore, this case would require a super majority vote of the City Council for approval. Mayor Stacy stated he was very concerned about the density on this property. He had not thought about losing the stock tank on Lot 6, or the necessary filling of the property necessary to build on the lots. He thinks he would support one -acre lots on whatever the net acreage is, minus the street and easement and minus the land that needs to be filled. He stated he felt Mr. Clayton should take the cul -de -sac out and have one or two lots up there and make this a really super place and have maybe four houses on the whole property. Mayor Stacy expressed concerns with changing the natural flow of water as indicated on the plat. Mr. Clayton stated he couldn't make the project work at those numbers with what they were paying for the property. He stated he came forward with an affective plan and does not feel he was asking for something totally unreasonable. Councilmember Ronnie Kendall stated drainage was the issue she had with this plan. She asked Mr. Clayton for suggestions on what he thought he could do to improve the drainage problems on the property. Councilmember Patsy DuPre stated, "The Director of Planning has told us that we need a super- majority vote to get this done. Mr. Clayton, I know you were trying to do some things but I am not comfortable with the way this whole second proposal has come through. The drainage issues, the density, and I know what you were doing with regard to the trees. We pride ourselves in Southlake for getting the neighbors input on issues and we give developers a difficult time if they don't get the input from the neighbors on issues. I want you to know that after hearing from all these people, I feel it will be difficult in getting the vote on second reading tonight, with the necessary super- majority vote." Mr. Clayton asked what number of lots would Council accept? Councilmember Rex Potter commented, "From the citizens input and the drainage issues, I think we are all pointing to the larger lots. SF30 is not acceptable, and we pointed that out to you last time. We all said we wanted to go to the next stage. Based on all the input here tonight, I feel that one -acre is going to be the minimum requirement, and that is where I am pointing to now." Mayor Stacy stated he did not like that cul -de -sac as it looks like he was trying to cram too much into that area. Art Clayton apologized to the Mayor for being rude, but noted he had worked on this plan for a couple of months and he was just frustrated. He stated before he spends a lot more money and time on this plan, he would like to know if Council would approve a one Regular City Council Meeting Minutes of January 2, 2001 Page 14 of acre development without seeing the plan, letting him bring the finished product back to Council. Councilmembers indicated they were not comfortable with this. Frank Shelby, 1211 East Dove Street, Southlake. Mr. Shelby stated he was the owner of the property in question, and stated perhaps he should just fill in his stock tank. Mayor Stacy expressed to Mr. Shelby that this was a very difficult piece of property to develop with the power lines overhead and the stock tank, and all the drainage issues. He stated he felt this would be real nice if the property were divided into three or four lots of two to three acres each. Councilmember Gary Fawks commented, "If you could demonstrate like Mrs. Kendall said, some improvements that would actually help the drainage situation through your development of the property, that would be a tremendous help in the decision of the property." Councilmember Greg Standerfer stated that the Council couldn't make the developer fix an existing area wide drainage problem for a plat approval. He stated, "We could address those concerns and say we have issues where we need drainage improvements to serve this facility that won't drain onto your property. I think that is a reasonable request." Councilmember Keith Shankland stated, "I think we would be negligent to approve anything without knowing for sure that it will not the effect the drainage or create a flooding problem or worsen a problem that is there." He hopes the citizens who spoke realize Council is not rubber- stamping what this developer wants, stating, "It was mentioned that we rubber stamp things, and seriously, we care about your homes and what goes on in this city." Councilmember Greg Standerfer stated if the developer satisfies staff and the residents regarding drainage issues, he would support the plan with one acre. Councilmembers DuPre and Shankland agreed with Mr. Standerfer. Mr. Clayton asked Council to table the second reading and he will bring a new plan back to the Council at the February 6, 2001 meeting. Motion was made to accept the applicant's request to table the second reading, until the February 6, 2001 City Council meeting, continuing the public hearing at that time. Motion: Standerfer Second: Shankland Ayes: Standerfer, Shankland, DuPre, Potter, Fawks, Kendall, and Stacy Nays: None Approved: 7 -0 vote (to table) Council adjourned for recess at 9:10 p.m. Council returned to open session at 9:15 p.m. Regular City Council Meeting Minutes of January 2, 2001 Page 15 of Agenda Item #7 -B, Ordinance No. 480 -352, 2" reading, (ZA 00 -111), Rezoning on property described as Tracts 3 & 3F and a portion of Tract 4C, in the Rees D. Price Survey Ordinance No. 480 -352, 2 Reading (ZA 00 -111), Rezoning on property described as Tracts 3 & 3F and a portion of Tract 4C, situated in the Rees D. Price Survey, Abstract No. 1207, and being 30.138 acres. Current zoning is "AG" Agricultural District and "SP- 2" Generalized Site Plan District for tropical fish distribution and related ancillary uses. Requested zoning is "SF -1A" Single Family Residential District. Senior Planner Dennis Killough stated the property in question was located on the east side of North White Chapel Boulevard approximately 700' north of Sweet Street. On December 5, 2000, the City Council approved (7 -0 vote) subject to the requirement of the disclosure statement to the homeowners of the existence of the requirements as noted in the letter from DFW Airport Board regarding the avigation easement and mandatory building shell noise reduction being enforced with the final building plans and verified during the inspection process in accordance with Ordinance No. 479. Mr. Killough stated there were no changes since the first reading. David McMahan, 1335 Hidden Glen, Southlake. Mr. McMahan stated he was present if Council had any questions. PUBLIC HEARING: No comments were made during the public hearing. Motion was made to approve ZA 00 -111, subject to the conditions as noted in the first reading of the ordinance. Motion: Standerfer Second: Shankland Ayes: Standerfer, Shankland, DuPre, Potter, Fawks, Kendall, and Stacy Nays: None Approved: 7 -0 vote Agenda Item #7 -C, Ordinance No. 762, 2 " Reading, Adopting the 1997 Edition of the Uniform Fire Code, Volumes 1 and 2 Interim Director of Public Safety presented Ordinance No. 762, for second reading, noting the City of Southlake currently operates under the 1991 Edition of the Uniform Fire Code. Staff continues to research the newly released 2000 International Edition and recommends to adopt the 1997 Edition, since the 2000 International Edition includes restrictions that staff has not witnessed validity yet. The adoption of the 1997 Edition would also align the Fire Code with the current 1997 Building, Mechanical, and Electrical Code already adopted. The highlights of the 1997 Edition, in contrast to the 1991 Edition, are as follows: o Improves language to become more specific with city expectations, o Improves the high -piled combustible storage requirements; Regular City Council Meeting Minutes of January 2, 2001 Page 16 of o Amendment includes the requirement for residential sprinkler installation in homes 6,000 square foot or greater. PUBLIC HEARING: Kenneth Horne, 1215 Ashmoore Court, Southlake. Mr. Horne had questions regarding the requirement for sprinklers at the area schools. Mayor Stacy asked Mr. Horne to go to the school board meeting, and bring these issues to the school board regarding sprinkling the schools. Motion was made to approve Ordinance No. 762, 2nd Reading, amending the Code of Ordinances of the City of Southlake, Texas, by adopting the 1997 Edition of the Uniform Fire Code, Volumes 1 and 2; repealing Ordinance No. 572; noting the exception to existing homes of 6,000 s.f. as they are legal non - conforming; and adding, as to new homes built after the adoption of the ordinance, fire sprinklers will be required where renovations result in a structure of greater than 6,000 square feet and such renovations increase the size of the structure by 20% or more. Motion: DuPre Second: Standerfer Councilmember Rex Potter stated he would vote for this ordinance mainly because of what Ricky Black said, saying, "I think it is more important to pass this ordinance. I really don't know if I feel comfortable with the grandfathering, that this is fair, but I think we need to approve this; and I agree with the percentage increase the way it was discussed, but I feel it would be more appropriate to do it to all the homes." Councilmember Ronnie Kendall stated, "With approval of the ordinance, the citizens know up front what the ordinance says and they can be ready for it and we aren't changing the rules in midstream." Ayes: DuPre, Standerfer, Potter, Fawks, Kendall, Shankland, and Stacy Nays: None Approved: 7- vote 0 Agenda Item #11 -A, Discussion: Electronic Voting Systems Councilmember Rex Potter stated the Mayor and he, and staff from Beck and NCI met with the manufacture from "Agenda," which is an electronic voting software that would be utilized for council meetings, as the Charter allows, when Council is voting during the Council meetings. The issue is that at this time Council will have a plate and keypad that will allow for electronic voting during Council meetings. The City needs to get software if Council wants electronic voting, as this is the time while the system is being installed. Potter commented that when they talked to this vendor, he made it sound like the "Agenda" program is slick and easy to use. The City of Irving has this software installed Regular City Council Meeting Minutes of January 2, 2001 Page 17 of 18 currently and the City of Fort Worth is in the process of getting it installed. Councilmember Potter said he asked the City Secretary to contact the City of Irving to see how they like the system. City Secretary of Irving stated she felt it was too complicated and detailed for a city the size of Irving. She also stated that the City Council members were not happy with the software either. That contact highlighted that the city needs to look at other software packages before making a decision on which one to purchase. The question before the Council was, do they want electronic voting? Mr. Potter suggested we move on, looking at other software packages. Council generally agreed to move forward with the wiring to get ready for electronic voting in the future. Agenda Item #12, Adjournment Mayor Stacy adjourned the Regular City Council meeting at 9:45 p.m. flA arreir cc a ';79's 9 h ickStacy ATTEST: 0%. ,._ • Sandra L. LeGrand City Secretary L: \City Secretary \L Drive Minutes \CC - MIN- 1- 2- 01.doc Regular City Council Meeting Minutes of January 2, 2001 Page 18 of City of Southlake, Texas MEMORANDUM December 19, 2000 TO: Billy Campbell, City Manager FROM: Kevin Hugman, Director of Community Services (xt. 1727) SUBJECT: Approval of proposed library policies Action Requested: City Council approval of proposed library policies. Background Information: The Library Board and City staff have been working to develop some of the necessary policies and procedures for the operation of the library. The policies were developed by a sub - committee consisting of Library Administrator Terry McLaughlin, Library Board Chair Maria Cameron, and Board Member Karen Cienki. The committee reviewed local library policies, American Library Association (ALA) handbooks, and Texas Library Association (TLA) policy information. The proposed policies cover a variety of areas ranging from hours of operation and fees to borrower privileges and responsibilities, and must be in place prior to the registration of patrons and opening of the facility. A packet of information for new library patrons is currently being developed and will include a copy of selected policies, as well as a library registration form. This information is being prepared to coincide with the events planned for the Town Hall grand opening celebration. Additional policies, as they become necessary, will be developed and presented to the Council in future months. The proposed policies were reviewed, discussed, and approved for recommendation to City Council by the Library Board (7 -0) at their November 15, 2000 meeting. The City Attorney's office has also reviewed the policies and their comments have been incorporated. Financial Considerations: Not applicable. Citizen Input/ Board Review: The Library Board reviewed and recommended for approval (7 -0) the proposed library polices at their November 15, 2000 meeting. The proposed library policy information was also included in the December 5, 2000 City Council packets as an informational item. Legal Review: The City Attorneys have reviewed the policies and their comments have been incorporated. Billy Campbell, City Manager December 19, 2000 Page 2 Alternatives: Alternatives include: • Provide comments and /or proposed revisions. Supporting Documents: Supporting documents include the following items: • Summary of the proposed library policies • Proposed library policies ♦ Library Hours of Operation ♦ Borrower Privileges and Responsibilities ♦ Fees and Extended Fees • Loan Lengths ♦ Library Code of Conduct ♦ Unattended Children ♦ Donation Policy and Procedures • Friends of the Southlake Library • Southlake Public Library Foundation ♦ Internet Policy ♦ Confidentiality Staff Recommendation: City Council approval of proposed library policies at their January 2, 2001 meeting. 1°A4.2. SUMMARY OF PROPOSED LIBRARY POLICIES Hours of Operation: Using the allotted funding for personnel, staff was able to develop a schedule allowing for a total of forty -four (44) hours of public operations. The proposed schedule is as follows: Monday 10:00 a.m. to 8:00 p.m. Tuesday 10:00 a.m. to 6:00 p.m. Wednesday 12:00 p.m. to 6:00 p.m. Thursday 10:00 a.m. to 8:00 p.m. Friday 12:00 p.m. to 6:00 p.m. Saturday 10:00 a.m. to 2:00 p.m. Sunday Closed Borrower Privileges and Responsibilities: The purpose of this policy is to establish guidelines regarding borrowing privileges and library card requirements for residents, non - resident and City employees. The policy would allow for free library cards for residents, property owners, and City employees. Non - residents would be allowed to use the library and check out materials but would be charged a fee ($25 per year) comparable to the Grapevine Public Library. The policy would also limit the number of items that can be checked out by a patron on their first visit to three (3), limit videocassette checkout to patrons eighteen (18) years or older, and allow for termination of library checkout privileges to patrons with materials more than one circulation overdue or whose fees are $5.00 or greater. Fees and Extended Fees: This policy establishes the list of fee items for overdue materials, lost or damaged materials, and services provided by the library. The fees themselves are established through the City Fee Schedule as presented to the City Council for review annually. The list of fee items includes books, books on cassette, CD's, CD- ROM's, magazines (after three month circulation), videocassettes, copies, computer printouts, replacement library cards, and non - resident library cards. Additionally, the policy establishes replacement fees for lost or damaged materials over one year old, under one year old, using either retail replacement cost or average replacement cost. A copy of the proposed library fee schedule is included in the attachments and will be presented as part of agenda item 10B, Resolution No. 00 -105, Amending Fee Schedule. Loan Lengths: This policy establishes loan lengths for various library materials. The proposed loan lengths are comparable to what other area libraries currently provide. Books 14 days New Books 14 days (no renewal) Audiocassettes? days Videocassettes 7 days CD's 7 days CD —ROM's 7 days Periodicals 7 days Reference Books Do not circulate (OA3 December 19, 2000 Page 2 Library Code of Conduct: This proposed policy was developed in order to ensure Southlake Library patrons a comfortable and pleasant atmosphere in which to read, study, and participate in programs. The policy prohibits the destruction or mutilation of library property, loud talking or boisterous behavior (running, excessive seat changing), eating, drinking, or the use of tobacco products, and states that personal modes of transportation such as bicycles, rollerblades, skateboards, and scooters are not allowed in the library. Any conduct deemed to be disruptive to the operations of the library, or threatening to patrons, staff, or library property will not be allowed. Failure to abide by this policy will result in a warning and/or expulsion from the library. Unattended Children: This policy was developed to address concerns with unattended children in the library and applies to children under the age of twelve (12) years. While the library staff is committed to assisting children during their visits to the library, staff cannot, nor is it their responsibility, to serve as babysitters, teachers, or disciplinarians. The policy also states that children must be under the direct supervision of a parent, guardian, or caregiver at all times. When the safety of a child is in doubt, or the parent, guardian, or caregiver cannot be located, or if the library is closing, library staff is authorized to contact the police and to stay with the child until they arrive. Scheduled programs designed and suitable for attendance by children without parental supervision are the only exceptions and will be duly noted as such on the program announcement. Parental contact information is required should the parent decide not to attend the program. Donation Policy and Procedures: The Donation Policy serves as a guide for the acceptance, rejection, and use of various items donated to the library. The policy provides details regarding full City ownership of donated items and protects the ability to retain, display, interfile, or discard donated items at the discretion of the library. Furthermore, the policy provides information on the donation process, the ability of the Library Administrator to accept gifts up to $1,000 in value, Board acceptance of gifts over $1,000 in value, the ability to defer final approval of a donation to the City Council. Friends of the Southlake Public Library Policy and Southlake Library Foundation Policy: These policies were established to provide guidelines for the cooperative interaction between the Southlake Public Library and these two organizations. The policies define the general makeup of the Friends and Foundation, recognizes their efforts to contribute to the library as distinct and separate organizations, and sets forth library guidelines relating to City involvement in Friends and Foundation funding, programs, and activities. Essentially, the policy clarifies that both groups are stand alone organizations responsible for their own financial accounting and operations, and requires that advance notification and information be provided regarding any programs or activities planned on behalf of the Southlake Public Library. Internet Policy: The Internet Policy was established to provide guidance for the public use of the Internet. The policy states that services the library will not provide include, but are not limited to, newsgroups, personal e-mail, and chatlines. Patrons will not be permitted to load their own software and the City disclaims any responsibility for viruses that may be transmitted electronically. The policy further indicates that the City does not condone the use of its computer system for illegal purposes and expressly prohibits the same as well as accessing illegal sites (as defined by the I OA • December 19, 2000 Page 3 Texas Penal Code in the Appendix to the Internet Policy). Failure to abide by this policy will result in a one week suspension of computer privileges. Subsequent violations may result in the loss of any and all library privileges for twelve months. Minors (under the age of eighteen) may have unrestricted Internet access only if the site desired is not available on the filtered computers and only if the parent or guardian signs an Internet parental consent form. The Southlake Library will, through various means, make every attempt to prevent access to illegal sites and will strongly enforce the policy as written. Youth computers will be programmed to allow access only to predetermined sites. Individuals wishing to use the computers in the adult area will be required to sign an Internet user agreement form, as provided by the City Attorney, indicating that they have read and agree to abide by the policies established by the City of Southlake. Patrons will sign in each time and will be assigned a computer to use. Staff will visually monitor the computer workstations for appropriate use. Confidentiality: This policy indicates that records which identify or serve to identify a person who requests, obtains, or uses library materials or services are confidential and are excepted from required disclosures under the Texas Open Records Act. N: \CC\20004ibrarypolicyattach1.doc Southlake Public Library Board Policies and Procedures Manual Policy: Hours of Operation Source: Library Board Category: Administration Effective Date: TBD Statement of Purpose The purpose of this policy is to provide consistent guidance for the Southlake Public Library staff in hours of operation. Policy Statement The Southlake Public Library maintains consistent, posted hours of service during which all services of the Southlake Public Library are available to patrons. Those hours are: MONDAY 10:00 A.M. to 8:00 P.M. TUESDAY 10:00 A.M. to 6:00 P.M. WEDNESDAY 12:00 P.M. to 6:00 P.M. THURSDAY 10:00 A.M. to 8:00 P.M. FRIDAY 12:00 P.M. to 6:00 P.M. SATURDAY 10:00 A.M. to 2:00 P.M. SUNDAY CLOSED Legal and Holiday hours will be posted with a two -week notice and subject to the annual City of Southlake employee vacation calendar. Hours of operation may be subject to change. I oA - its► Southlake Public Library Board Policies and Procedures Manual Policy: Borrower Privileges and Responsibilities Source: Library Board Category: Administration Effective Date: TBD Statement of Purpose The purpose of this policy is to provide consistent guidance for the Southlake Public Library staff in borrower privileges and responsibilities. Policy Statement The Southlake Public Library issues resident (free), city employee (free) and non - resident (fee) library cards. Requirement to obtain a resident (free) library card: A. Must be a resident of or a property owner in Southlake. B. Must present positive proof of residence address (no P.O. Box) or property ownership, such as real or personal property tax statement. C. Must complete and sign the application card. This card expires three years from date of issue. D. Any minor, as defined by the State of Texas, must have the signature of a parent or legal guardian on the application signed in the presence of a library staff member. Requirement to obtain a city employee (free) library card: A. Must be an active and current employee of the City of Southlake. B. Must present a current City of Southlake employee ID card. C. Must complete and sign the application card. This card expires one year from date of issue. The card is terminated upon employee resignation, retirement or termination. Requirement to obtain a non - resident (fee) library card: A. Must present positive proof of residence address (no PO Box). B. Must pay user fee as established by current City fee schedule. C. Must complete and sign the application card. This card expires one year from date of issue. D. Any minor, as defined by the State of Texas, must have the signature of a parent or legal guardian on the application signed in the presence of a library staff member. foA•1 Borrowers must be registered and must have a library card to borrow library materials. In order to renew a library card, patrons must produce identification and must clear all outstanding fees. New borrowers are limited to three items on the first visit. Videocassette checkout will be limited to person's eighteen years and older. Patrons who borrow materials from the Southlake Public Library are responsible for returning them in a timely manner and in the same condition. Any person who holds materials more than one circulation overdue or whose fees have accumulated to $5.00 or more will forfeit library privileges until materials are returned and fees are paid. IOA -$ Southlake Public Library Board Policies and Procedures Manual Policy: Fees and Extended Fees Source: Library Board Category: Administration Effective Date: TBD Statement of Purpose The purpose of this policy is to provide consistent guidance for the Southlake Public Library staff in fees and extended fees. Policy Statement The Southlake Public Library has established the following schedule for overdue materials as well as fees for lost and /or damaged materials and for other services provided by the Southlake Public Library. Materials extended use fees Books fees as established by current City fee schedule. Books on Cassette fees as established by current City fee schedule. CD fees as established by current City fee schedule. CD -ROM fees as established by current City fee schedule. Magazines fees as established by current City fee schedule. Videocassettes/DVD fees as established by current City fee schedule. Fees Copies fees as established by current City fee schedule. Computer printout fees as established by current City fee schedule. Lost card fees as established by current City fee schedule. Non - resident fees as established by current City fee schedule. Card I0A-9 Lost or damaged materials Borrowed materials are the responsibility of the library cardholder. In the case of children under the age of 18, it is the parents/ guardian's responsibility to pay for the lost or damaged items in accordance with the following schedule of terms: 1. Retail replacement cost of any item which is lost or damaged beyond repair and for which a current price can be found. Double replacement costs or replacement cost plus $20 processing fee (whichever is less), will be levied on any item less than 12 months old. 2. Average replacement cost for any item which is lost or damaged beyond repair and for which a current price cannot be found. Double average replacement cost or replacement cost plus $20 processing fee (whichever is less), will be levied on any item less than 12 months old. 3. Repair costs for damaged items will be conveyed to the patron from the library staff after the damage is evaluated. /DA - l� Fees Schedule for Library Services Materials extended use fee Books $.25 per day, not to exceed cost of the item. Books on Cassette $1.00 per day, not to exceed cost of the item. CD $1.00 per day, not to exceed cost of the item. CD -ROM $1.00 per day, not to exceed cost of the item. Magazines $.25 per day, not to exceed cost of the item. Videocassettes/DVD $1.00 per day, not to exceed cost of the item. Fees Copies $.15 per page Computer printout including Internet downloads, graphics, CD -ROM product information and personal work $.15 per grayscale page $.35 per color page Lost card $2.50 per card Non - resident card $25.00 per card /per year /0/1 Southlake Public Library Board Policies and Procedures Manual Policy: Loan Lengths Source: Library Board Category: Administration Effective Date: TBD Statement of Purpose The purpose of this policy is to provide consistent guidance for the Southlake Public Library staff in loan lengths. Policy Statement Books 14 days New Books 14 days (no renewal) Audiocassettes 7 days Videocassettes /CD -ROM 7 days Periodicals 7 days Reference Books Do not circulate A maximum limit of six items per cardholder will be imposed. foA-12. Southlake Public Library Board Policies and Procedures Manual Policy: Library Code of Conduct Source: Library Board Category: Administration Effective Date: TBD Statement of Purpose The purpose of this policy is to provide consistent guidance for the Southlake Public Library Code of Conduct. Policy Statement To insure that all patrons may have considerate use of the Southlake Public Library, appropriate behavior is expected. Violation of any of the following rules will result in a warning and /or expulsion from the property. Whenever necessary police will be contacted. The Library Administrator and supervisory staff have the authority to carry out all powers of this policy. 1. No loud talking or boisterous behavior (running, excessive seat changing, etc.) 2. No food or drink may be consumed in the library (except with prior approval of the Library Administrator). 3. No smoking or tobacco product use. 4. No destruction or mutilation of library property. 5. No personal modes of transportation (i.e. bicycles, rollerblades, skateboards, scooters, etc.) are allowed in the library. 6. No conduct which is disruptive to the operation of the library, threatening to patrons, staff or library property, or otherwise in violation of any City ordinance or State law. IOA13 w Southlake Public Library Board Policies and Procedures Manual Policy: Unattended Children Source: Library Board Category: Administration Effective Date: TBD stm Statement of Purpose The purpose of this policy is to provide consistent guidance for unattended children at the Southlake Public Library. Policy Statement Parents are responsible for the behavior of their children while they are in the library. The Southlake Public Library staff is committed to help children with activities related to the library. However, library staff cannot, nor is it their responsibility to serve as babysitters, teachers or disciplinarians. Violation of this policy is grounds for suspension of library privileges. Whenever advisable, the library will notify the parent or guardian of incidents involving an unattended child. Children under the age of 12 must be accompanied and directly supervised at all times by a parent, guardian, or other responsible caregiver. When the safety of an unattended child is in F doubt, or the parent, guardian or responsible caregiver cannot be located or if the library is closing, library staff is authorized to call the police and stay with the child until the police arrive. From time to time the Southlake Public Library schedules or provides programs, which are designed and suitable for attendance by children without parental supervision. Such program announcements will so indicate and if no indication is included then supervision is required. When so indicated, if the parent, guardian or caregiver intends to be absent, they must leave word at the circulation desk as to their whereabouts and, if possible, a phone number where they or a responsible adult can be contacted. Children over the age of 12 may use the library unattended by an adult, subject to other library rules and policies concerning behavior, conduct and demeanor. /0,4/4 Even filters cannot insure that obscene and other illegal materials are not available. Due to the Internet capability to constantly change and establish new sites, user expertise, and other technology, it is still possible to access illegal, obscene or offensive sites. The City of Southlake makes no guarantee that such access will not occur even with the use of filters. The selection of a filtering program is solely within the discretion and judgement of the City. Users must accept responsibility for information displayed or printed during their Internet session. THE CITY OF SOUTHLAKE EXPRESSLY DISCLAIMS ANY LIABILITY OR RESPONSIBILITY RESULTING FROM THE USE OF ITS COMPUTER SYSTEM, SELECTION OF A FILTERING PROGRAM, ACCESS TO THE INTERNET, DATA, INFORMATION, OR MATERIAL ON THE INTERNET, OR THE USE OR MISUSE OF INFORMATION FROM THE INTERNET. tar Southlake Public Library Board Policies and Procedures Manual tam Policy: Donation Policy and Procedures Source: Library Board Category: Administration Effective Date: TBD Statement of Purpose The purpose of this policy and the accompanying list of procedures is to provide consistent guidance for the consideration of donations to the Southlake Public Library. Policy Statement No donation can be accepted unless it is given to the Library without restrictions. In accepting a `"" gift of materials, the Library reserves the privilege of deciding whether item(s) donated should be added to the collection. Generally, the material will be judged by the same standards of selection as those applied to the purchase of new materials. The Southlake Public Library accepts gift books with the understanding that books, which are useful to the library collection, will be retained, and other books disposed of in whatever manner the librarian deems appropriate. The Library reserves the right to interfile gifts with other collections on the same subject, so that all collections are organized and classified according to the library standards for the best public service. The Library welcomes monetary contributions specifically for book purchases in memorial to or in honor of named individuals. For memorial books to the library, the Library may place within the book the name of the individual(s) and donor, if desired. In order that the Library can properly honor the generosity a special form to record the information is used and should be completed. Individuals, businesses or organizations considering making a donation to the Southlake Public Library and who wish for a written acknowledgement of this donation, shall fill out a form 60 provided by the Library for this purpose. Although donation of art objects and other types of materials are usually welcomed and valued, final decision on their acceptance rests with the Library Administrator and the Library Board. The Library welcomes cash contributions, gifts of real property, stocks and bonds. Although it is unlikely, there may be an occasion in which the restrictions set by the donor make it impossible /0,4 - for the Library to accept the contribution. All donations are subject to the approval of the Library Administrator, and also the approval of the Library Board for donations valued at over $1,000. All gifts are accepted with the understanding that they may someday be sold or disposed of if necessary or in the best interest of the library. The library cannot commit itself to perpetually house any donation. The library cannot appraise the value of a donation of materials or arts for income tax implications. /oAI Procedures I. Individuals, businesses or organizations considering making a donation to the Southlake Public Library and who wish for a written acknowledgement of this donation, shall fill out a form provided by the Library for this purpose. II. The proposal should include a description of the donation, and if applicable, pictures and/or drawings of the donations, and list the value of the donation. III. The Library Administrator shall make the determination to approve all proposed donations valued at less than $1,000. IV. The Library Administrator will review and forward comments /recommendations on all donation proposals valued at over $1,000 to the Southlake Public Library Board for their review at the next regular Board meeting. V. The Library Board will consider the proposed donation and make a determination, which may include comments /recommendations. At the Board's discretion, donations may be forwarded to the City Council for final approval. VI. The Southlake Public Library reserves the right to accept or reject any item(s) submitted for approval. VII. The potential donor reserves the right to withdraw the proposed item at any time during the approval process, until final approval by the Library. VIII. All item(s) will be considered for acceptance on an item by item basis. IX. All accepted donations to the Southlake Public Library will become the property of the Southlake Public Library, and will be used at the discretion of the City. /OA 17 Southlake Public Library Board Policies and Procedures Manual Policy: Friends of the Southlake Public Library Source: Library Board Category: Administration Effective Date: TBD Statement of Purpose The purpose of this policy is to provide general guidance for the cooperative interaction between the Southlake Public Library and the Friends of the Southlake Public Library. Policy Statement The Friends of the Southlake Public Library is distinct and separate from the Library, and neither the Friends as an organization nor any member or participant thereof may assume any liability or take or authorize any act on behalf of the Southlake Public Library. The Friends of the Southlake Public Library provide assistance to the Library staff as needed and may undertake ongoing fundraising projects. Because the Friends of the Southlake Public Library is an organization comprised solely of volunteers distinct and separate from Library personnel, Library personnel shall not take direction, instruction, or supervision from the Friends, nor perform any duty or take any act on behalf of the Friends, except Library staff may act in an advisory capacity for Friends activities. Operating expenses of the Southlake Public Library are provided through the allocation of tax monies. Friends funds and Library funds shall not be commingled or integrated, except that monetary gifts from the Friends may be accepted by the Library Board whereupon said gifts shall become solely the funds of the Library but shall be expended for the specific purpose for which the gift or donation has been made. In the event the Southlake Public Library becomes the custodian of any Friends funds, those funds shall be kept as separate "funds" for audit and bookkeeping purposes. Complete advance information regarding all of the Friends of the Southlake Public Library activities on behalf of the Southlake Public Library shall be provided to the Library Administrator and the Library Board of the Southlake Public Library. Programs adopted by the Friends shall not be part of the budget of or funded by the Southlake Public Library. IDA /f Southlake Public Library Board Policies and Procedures Manual • Policy: Southlake Public Library Foundation Source: Library Board Category: Administration Effective Date: TBD Statement of Purpose The purpose of this policy is to provide general guidance for the cooperative interaction between the Southlake Public Library and the Southlake Public Library Foundation. Policy Statement The Southlake Public Library Foundation is distinct and separate from the Library, and neither the Foundation as an organization nor any member or participant thereof may assume any liability or take or authorize any act on behalf of the Southlake Public Library. The Southlake Public Library Foundation shall be responsible for fundraising for long term capital improvements. Because the Southlake Public Library Foundation is an organization comprised solely of volunteers distinct and separate from Library personnel, Library personnel shall not take direction, instruction, or supervision from the Foundation, nor perform any duty or take any act on behalf of the Foundation. Operating expenses of the Southlake Public Library are provided through the allocation of tax monies. Foundation funds and Library funds shall not be commingled or integrated, except that monetary gifts from the Foundation may be accepted by the Library Board whereupon said gifts shall become solely the funds of the Library but shall be expended for the specific purpose for which the gift or donation has been made. In the event the Southlake Public Library becomes the custodian of any Foundation funds, those hinds shall be kept as separate "funds" for audit and bookkeeping purposes. Complete advance information regarding all of the Southlake Public Library Foundation activities on behalf of the Southlake Public Library shall be provided to the Library Administrator and the Library Board of the Southlake Public Library. Activities adopted by the Foundation shall not be part of the budget of or funded by the Southlake Public Library. /O4i Southlake Public Library Board Policies and Procedures Manual Policy: Internet Policy Source: Library Board Category: Administration Effective Date: TBD Statement of Purpose The purpose of this policy is to provide consistent guidance for the public use of the Internet at the Southlake Public Library. Policy Statement The Library is not a full service Internet provider. Services which will not be available include, but are not limited to, newsgroups, chatlines, and personal electronic mail accounts. Patrons will not be permitted to load their own software. The City of Southlake disclaims any responsibility to monitor for or prevent viruses that may be transmitted electronically. Patrons are advised to take precautions for eliminating virus or other software corruption. The City of Southlake does not promote or condone the use of its computer system for illegal purposes and expressly prohibits the same as well as accessing illegal sites. * Further, the City finds there is material on the Internet, while not obscene, that is not appropriate for minors due to explicit sexual descriptions or graphics. The City recognizes that minors may utilize Library resources, including the Internet, outside of their parents' presence. The City of Southlake, through the Library, has a compelling interest to assist parents in protecting the welfare of minors ** who are vulnerable and unable to critical decisions in an informed and mature manner. Failure to abide by the aforementioned policy may result in a one -week suspension of computer privileges. Subsequent violations may result in the loss of any and all library privileges for twelve months. Anyone wishing to utilize the Internet must possess a Southlake library card. Minors must have a parent or guardian make an election for the use of a filtering program for Internet use by the child. Minors whose parents or guardian allow them to have unrestricted Internet use and adults may access the unfiltered computer if the site(s) desired is not available on the filtered computer. Even filters cannot insure that obscene and other illegal materials are not available. Due to the Internet capability to constantly change and establish new sites, user expertise, and other /O,1•io technology, it is still possible to access illegal, obscene or offensive sites. The City of Southlake makes no guarantee that such access will not occur even with the use of filters. The selection of a filtering program is solely within the discretion and judgement of the City. Users must accept responsibility for information displayed or printed during their Internet session. THE CITY OF SOUTHLAKE EXPRESSLY DISCLAIMS ANY LIABILITY OR RESPONSIBILITY RESULTING FROM THE USE OF ITS COMPUTER SYSTEM, SELECTION OF A FILTERING PROGRAM, ACCESS TO THE INTERNET, DATA, INFORMATION, OR MATERIAL ON THE INTERNET, OR THE USE OR MISUSE OF INFORMATION FROM THE INTERNET. IQ/121 APPENDIX *ILLEGAL MATTERS Illegal materials are those that meet the definition of obscenity and harmful materials to minors as defined by the Texas Penal Code Sections 43.21 and 43.24 as follows: The Texas Penal Code defines obscenity as: "Material the average person applying contemporary community standards would find that taken as a whole, it appeals to prurient interest in sex; and depicts or describes patently offensive representation or description of: Ultimate sexual acts, normal or perverted, actual or simulated, including sexual intercourse, sodomy, and sexual bestiality; or, Patently offensive representations or description of masturbation, excretory functions, sadism, masochism, lewd exhibition of the genitals, the male or female genitals in a state of sexual stimulation or arousal, covered male genitals in a discernable turgid state or a device designed and marketed as useful primarily for stimulation of the human genital organs; and, Taken as a whole, lacks serious literary, artistic, political or scientific value." T.P.C. 43.21 The Texas Penal Code defines material harmful to minors as material whose dominant theme taken as a whole: Appeals to the prurient interest of a minor in sex, nudity, or excretion: Is patently offensive to prevailing standards in the adult community as a whole with respect to what is suitable for minors; and Is utterly without redeeming social value for minors. T.P.C. 43.24 * *MINORS Persons who are under 18 years of age. /OA 22 Southlake Public Library Board Policies and Procedures Manual Policy: Confidentiality Source: Library Board Category: Administration Effective Date: TBD Statement of Purpose The purpose of this policy is to provide consistent guidance for the Southlake Public Library staff in confidentiality. Policy Statement Records of this library which identify or serve to identify a person who requests, obtains, or uses library materials or services are confidential and are excepted from required disclosure under the Texas Open Records Act. /O,1 TO: SOUTHLAKE CITY COUNCIL FROM: KENNETH MASON 1351 EMERALD CIRCLE SOUTHLAKE, TX 76092 SUBJECT: AUTHORITY OF PRESENTATION Please accept this letter as authority for W. Craig Willan to speak on my behalf regarding the development of Emerald Estates South. I will be out of town, and Mr. Willan has graciously accepted my request to present concerns regarding the development. Respectfully, Kenneth Mason BRENT P. BURFORD ATTORNEY AT LAW OFFICE: (817) 416 -7667 MAILING ADDRESS METRO (DALLAS): (817) 410 -2552 STREET ADDRESS P. O. Box 92658 TOLL FREE: (877) 682 -5800 758 NORTH CARROLL AVENUE SOUTHLAKE, TEXAS 76092 -0658 FACSIMILE (FAX): (817) 416 -7670 SOUTHLAKE, TEXAS 76092 -6413 January 2, 2001 1f 1 V The Hon. Mayor Rick Stacy And City Council Members JAN 2 2001 Of The City of Southlake, Texas OFFICE OF CITY SECRETARY I Re: Rezoning and Concept Plan for Emerald Estates South Location: North side of East Dove Street, east of North Carroll Avenue Ordinance no. 480 -351 (ZA 00 -084) Concern: Surface water drainage Dear Mayor Stacy and Council Members: I reside at 2404 Emerald Circle, Southlake, Texas. My home is platted as Lot 11, Block 2, Emerald Estates. My property is highlighted on the attached map. I wish to voice an objection to the proposed rezoning and concept plan for Emerald Estates South. My concern is specifically one of surface water drainage. The surface water drainage runs north to south through the back yards of the properties as shown on the attached map. It flows onto the property for which a rezoning is requested. Unfortunately the slope is minimal, and drainage is a problem. This last week is typical: after the rain, water was standing ankle deep in my backyard for several days as it slowly drained southward. It has not yet flooded into my house, but that is an obvious concern. My concern is with a development of the property that will adversely affect the current drainage and flow of the water. As currently proposed, the developer would be platting the property in smaller lots than the one acre lots in Emerald Estates (and smaller than the lots throughout this area of our city.) The smaller lots combined with the larger house size proposed and other constraints (such as the power lines) results in a "tightly packed" subdivision, for which the developer has had to request variances from the setbacks. Frankly, the developer needs these variances because the he is trying to pack too much onto this subdivision. This leaves him little "wiggle room" to work around (and to avoid adversely affecting) the current drainage problem. Is there any proposal in the developer's concept plan to avoid impacting the water drainage indicated on the attached map? One of the lots proposed for Emerald Estates South is centered in the way of the water drainage shown on the attached map. In addition, as I understand his statements at the December council meeting, the developer is proposing to fill in the shallow pond on the subject property (into which a portion of the surface water flows.) This would seem only to make worse the current drainage problem. One purpose of a zoning ordinance is to ensure that a proposed new use of property does not negatively impact surrounding property owners. In this case, I would request that the council exercise its function to monitor and regulate development in such a way that the new proposed development does not adversely affect the surrounding property owners. Sincerely yours lfurford attachment . . ..... .... 49.1 _____. • . . ..._.__ • . . 1.••• loce 1 Lai 4 ..14 I . Cleric& Para-t... I a AA D. P.4114 I a...Ay As A:4A,, Rai v. t., 4. , 4. ) VOL •341 I I..." I "o. •S M. "; en ' 4.5•II 1 . 1 =BM _ a 14100fulf4.4 arra/ ■aar -...4 0 6 . ..--7..\ BLOCK fr;:th• .. . • .., 1 ... I .:i'!1 ■ I t 2 I 3 .. . 4 ' 5 • 6 0,.. ' a • 8 1 fil , 0 ; „•• k 0 1 I 1 V 1 4 I . I 5 4 I .. I . - 1 j - 11OS :4 .. - 7-7-14A2 160. i c,.. , 4 ,..I. • u i 1h. ; ..., ,t,9•4t.‘ rran ., L.1 1 4 1.6 er4 j . ,iY i lr i OR ,,s 5oek c.of . 8 .. 4 31R E E T 42 T4.5 1 /441 *.:•••‘... . . 14 1:1 I . ., '• 1 7 t. •• 1 • 1 I 10 - 8...U....... I I _Law- N, . .1 ' 1 I .■ 1. 1 9 601.34 i 4 i - -1 L . 1 1 30,If 0 -J 21 =- -- -: -• -_-=-J__ i---=-.t8-2.y---.:_-• 10 2 2 I IX1 i ° • t 8 / & ; ' ,- .• 9441y I I J.. ....-...-Z . I 1 1 . ! n 0 • -■ N. s i . . 0 9 ' • t a I ; • 11 II • II I t• i 1 1 . . 1 I 1. '..) tsi 46* 4 1 11 .. o M'n I e k . 3 i 1 1 ■ I i -5-6" 9 , • BLOC gl 3 .. , - -,No 7. I • • . BLOCK I 2 ‘ f 3 i I 8 10,..! I 1 1 i v . -• - • r ,- IS ;,z,oi . I 11 .1 ,; (1 I t\O c913. 4 * j 11 10 r 4 . . k II 12 8 1 - - ••• . 4) A• 19' 43' G "- ,C7 _//••.t•■••.//ma 42 • , • ., 1 1 0 . 4 74 .1 ' 1 ; 1 7 I • I ° 307! . I 4 . ' 4 • 1 2 . 7 11 c ‘ • 0 . � • P • 5 2 III I. , 0 -,.„..1 o -1 c z -- e 13 si o ■ .. Z 2,....! 4 ; • lz- , • ••Z :', . , o I)" )- .. S 5.9 • 2 . E s fog • 2 ." a ' 5 6 .. 14 ic i___ 24' _ z Z 5 ■ 0. 11 ■ :?, I 8 (..) f 8 11 117 12 . ! 1 ' L ----- 1 ■• 4.0t ..' 8 r• 5 I l ' 5 455. ---1 "'"'''14 ,, a •=-1 EMERALD • C!RCLE - . N 51 w. . /4r9: - 1 .e si n"tra".•!-.7". - Z." crr" - 7,ro - r - `:.' • .., I __ • ii.o...1 - - .7 OWNER / DEVELOPER 5 E. O. 40ae 3, .4•C I ‘1 , II , 1 8 I l.A.Parf G. ./000. PRE 3. i 000 St.u.417 Fr. wORI'w, Tear!. 7 GI 02 ■ 'ij 1 4%4 7 - --- 2 3 4 5 8 7 0 1 * a ' , , -,. -=Il - L J_ __ • ......... A .47; 'a - - - c - ...- - - -4 0 7- ...... 77 ;; - .7 - - .4.7. - . - pns, I ,.. gar FIC/VE D, .27/...k.2....r? Il )77! z qLA.' „..._ _ 4 __J I__ 41.■._1, _ - 1 5. Planning and Zoning Commission 1 --•=z.4 1 --,-- - 44 04 - --- -.52! -..!---. -it: 'L- .--• ..' N. -rs-■ b4 ,,,, • ......,...... D PAUL. 10.1771LAXI. ye* . 40 P4. /44 • ' . T Ap4/917 /Our r7, 7/are FINAL - • . • Or. Plat Show in E6 W ... • I -.....' g .... Iltae.f EMERALD ESTATES ....... BY: 4IY . ..... et i ' 4 AN ADDITION TO THE CITY QE sou TH L AKE; . Pfrizz,I T 47 Our Qf THE N. E. THOMPSON SURVEY, ABSTRACT el mgo•Eo / 76 () NO. 1563 ,TARRANT COUNTY,TEXAS. City Council -I. I Solfrall..../, EreaaW7 COY, 00 I 40 dr3L R r - ,s a capY . f 6 . v,• a... r.... V.11 1114As OK!. ... . ,L4 : 4d E - '' - . ' ....• ..4 buss . y .44.41/ 4..4a 444/ ef 0. d... L. .... -71 . . . . . , 1.r.' .... _ - . . . ... _ .. Ai • ••• . • - 16 December 2000 TO: The City Council of Southlake FROM: Kenneth Mason 1351 Emerald Circle Southlake, Texas 76092 As a follow -up letter to my concerns expressed at the P & Z Meeting in November, I now bring before the Council. The developer has expressed his desire to save the mature trees on the proposed site, which will maintain the lovely tree canopy — and of course maintain the lot value on his property. But in that very same light, I must voice my dismay over P & Z's attitude that the mature trees and pond on my property are expendable for the sake of progress — I feel the victim of sorts. I have been told by many that the lovely country setting, large mature trees, and pond make my property very unique — and indeed it sold us on the property. I fully understand the legality of drainage easements, but maintaining the country setting is in the best interest to the developer, as well as myself I am not speaking of a small pond, or small trees. I am speaking of a pond that covers a quarter of the acre, and over fifteen feet deep that has been a part of the Southlake landscape for no telling how long. The developer's proposed drainage runs through our footbridge, through the center of pond, grove of mature trees. And as the developer showed slides on how the backhoes devastated the landscaping along North Carroll, and would not want that to happen in front of his property, it only made me think of the potential damage to my own. And as you have heard so many times, my family also enjoys the country setting of Southlake. We enjoy our pond, and the migratory waterfowl that visit each year, the herons that fish there throughout the summer, and the opportunity for myself to enjoy flyfishing. I have scheduled the drilling of a waterwell next year, both to maintain the water level and irrigate the property — something now I feel I must put on hold. I would like the Council to fully understand, that I am not opposed to the development itself, in fact the proposed homes are very nice. I only ask the Council and city engineering staff consider my problem and work with me on a solution that can work for the developer, and maintain our own landscaping and pond /2/11 0 JRvIA1LA'I A THIS IS TO CERTIFY THAT 1 HAVE THIS DATE MADE A SURVEY ON THE GROUND LOCATED AT 1351 EMERALD CIRCLE IN THE CITY OF SOUTHLAKE, TEXAS, DESCRIBED AS FOLLOWS: Lot 6, in Block 4, of EMERALD ESTATES, an Addition to the City of SOUTHLAKE, TARRANT ' COUNTY, Texas, according to the Map or Plat thereof recorded in Volume 388 -165, Page 48, .T Plat Records, TARRANT County, Texas. PAUL YATES VOL. 4043, PG. 140 1/2 I.R.F. S89°34 'E 140.00 1/2 I.R.F. N d - X— X O N N- N N N• N -N N• O — Q t WIRE FEN N X X- CE i � r re c,e W f c )0 Q . 50' DR do I' w UTILITY AINAGE EASEMENT Ri WOOD o BRIDGE PORTABLE w STORAGE POND POWER BLDG. �'J — POLE POND w 1 p O 0 (. 0 60' BRAZOS FT.ECTRIC CO. O Z 06 EASEMENT 0 CO W W 80' BRAZOS ELECTRIC CO. 0 VOL EASEMENT 054, PAGE 204 W CV O VOLUME 7708, PAGE 1332 0 0 PER PLAT C\2 0 H z r- r x IRON FENCE X — x 0 0 w x x P4 w xV xZ xLl O P OWER x x Ill POLE STONE •., IiETA1NIP . ' r I POWER , ,, a 1 f - I 22.8 .. :• _ •- • ', .: : Ls' t9TONE , D PATIO .CONC RETE - .. • POLE x h � -'-'4 J/, , "; 'CONCRE•,' ;t : , I DRIVE• •. x.. x �.,, � 16.7 % 15.8 ONE STORY N 'I ..„' Ili I N BRICK `i5 RESIDENCE ()t 1 4.8u3 10.3 62.3 34.1 I " 1 _ 3. 8 12.21° f c'i 1 3.4 cm — ._ .. • 111 f STONE f'# WOOD 40' BUILDING LINE a • • 1 LOT 7 :. 1:; •..:•:• CONCRE LOT 5 ' • 1::: LOT 6 —x— FENCE LONESOME SOME DOVE RD. LR.F. =IRON ROD FOUND • . 1/2 ° R.F. N89 °34'W 140.00 1/2 I.R.F. THIS LOT IS SUBJECT TO AIRPORT ZONING ORDINANCE NO. 71 -100 RECORDED IN VOLUME 7349, PAGE 1106 1351 EMERALD CIRCLE i SCALE: 1 " =30' 50.00' ROW I DATE 4/9/99 H CORO IN IS TO: NO.4309 ZONE X T W.O.NO. HTM COMMUNITY —PANEL NUMBER VEACH LAND SURVEYING CO. 48439 MAP C0185 H 00155 H REVISED: 810 N.MACARTHUR BLVD. AUGUST 2, 19 972- 790 -5581 FAX 254 -4268 IRVING, TX 75061 /, • E. H. VEACH �� of TF ` 4 TO: KENNETH EARL MASON AND PAMELA ANN MASON • A 5 •(. • fiti ,,,,,,t k, re THIS SURVEY WAS PERFORMED IN CONNECTION WITH THE TRANSACTION DESCRIBED IN GF 999007670F . , y;: RESIDENTIAL ALLIANCE, LLC AND STEWART TITLE CO. •C L GLOVER • .. t 441ri RVINO TEXAS There are no visible intrusions, conflicts or protrusions, except as shown Vi,l t/ • 3, �f 4 4 7 ( O`'" , This Survey is not to be used for construction purposes and is for the exclusive use of the hereon named `, S t I n_ r 4 4 ' purchaser, mortgage company and title company only and thi• survey is based on and made pursuant to that vii tig one certain title commitment under the GF number as shov - • provided by the title company named. •r ICI IA El, R. 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