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2001-10-16 REGULAR CITY COUNCIL MEETING TOWN HALL, 1400 MAIN STREET SOUTHLAKE, TEXAS MINUTES OCTOBER 16, 2001 COUNCILMEMBERS PRESENT: Mayor Rick Stacy; Mayor Pro Tem W. Ralph Evans; Deputy Mayor Pro Tem Patsy DuPre. Members: Greg Standerfer, Rex Potter, Tom Stephen 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; Director of Public Works Pedram Farahnak; Senior Engineer Charlie Thomas; Assistant to the Director of Public Works Valerie Bradley; Director of Planning Bruce Payne; Senior Planners Dennis Killough and Ken Baker; Fire Marshal David Barnes; City Attorney E. Allen Taylor, Jr., and, City Secretary Sandra L. LeGrand. WORK SESSION: Mayor Rick Stacy called the Work Session to order at 5:39 p.m. The work session is audio and videotape recorded for future reference. Copies are available from the Office of the City Secretary. ✓ During the work session, agenda items #8 -A (to table), #10 -A, #10 -B, #10 -C (no action), #10 -D, and #10 -E, were added to the consent agenda. The work session ended at 6:15 p.m. REGULAR CITY COUNCIL MEETING Agenda Item #1 -A, Call To Order Mayor Rick Stacy called the Regular City Council meeting to order at 6:16 p.m. The City Council meetings are video and audio tape- recorded for future reference and copies are available upon request from the Office of 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, 5551.086, to seek legal advise 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. Regular City Council Meeting Minutes of October 16, 2001 Page 1 of 16 Council adjourned into executive session at 6:17 p.m. Council returned to open session at 7:10 p.m. Agenda Item No. 2 -B, Action Necessary /Executive Session No action was taken as the result of the executive session. Agenda Item #3, Invocation /Pledge to the American Flag Pastor Norma Quinn, White Chapel United Methodist Church, led the invocation. Following the invocation, Mayor Stacy led in the Pledge of Allegiance to the Flag. Agenda Item #4 -A, Mayor's Report During the Mayor's Report, Mayor Stacy presented a proclamation to Randy McCauley, president of the Southlake Chamber of Commerce, thanking them for their participation in the community and proclaiming this Southlake Chamber of Commerce Week in Southlake. Mr. McCauley stated the chamber now has over 600 members, and they are happy to assist in quality development in Southlake. Another proclamation was presented to Public Information Officer James Kunke proclaiming October 22 -26 as United Way Week. Mr. Kunke announced that there would be several games during the week with finals to be held on Friday. These games are part of the fund - raising effort, and culminate on Friday with event finals, a bake sale, lunch, short auction, and special entertainment, and lunch at Bicentennial Park. He encouraged the Councilmembers to participate in the event. He stated that Southlake has 100% participation from the employees. Everything will benefit the United Way. The following announcements were made: ✓ Sabre is about to start moving employees into their new buildings. They have offered a personal tour to City Council and key staff members. Council were asked if they would like to tour the building contact either the City Secretary or the Director of Economic Development for arrangements. ✓ October 17 is the Annual Carroll ISD Homecoming Parade in Town Square. Southlake Councilmembers have been asked to participate in the parade and will ride on a Southlake Fire Truck. Mayor Stacy has been asked to make welcoming comments to those in attendance at the event. ✓ October 19 at 8:30 a.m., a groundbreaking ceremony for The Clariden School will be held. It will be held at their new location on North White Chapel Boulevard across from Bob Jones Park. Regular City Council Meeting Minutes of October 16, 2001 Page 2 of 16 ✓ October 21 at 2:00 p.m. A Dedication Ceremony will be held at the White Chapel Cemetery in Southlake. The dedication will be in honor of the history that the cemetery brings to Southlake. Mayor Pro Tem Ralph Evans will be present and present a proclamation honoring the day. ✓ The Office of the City Secretary is currently receiving applications for appointments to the Public Art Advisory Committee. Call the office for more information. Agenda Item #4 -B, City Manager's Report City Manager Billy Campbell recognized the members of the Southlake city staff involved in Military Service. The men are on -call to serve our country. They include: o Sergeant Ben Brown- Naval Reserve. He has been called to active duty for one year to serve at Engleside near Corpus Christi. o Corporal Allen Wood -Navel Reserve. Subject to call. o Officer Daniel Cardenas- Marine Reserve. He has been called to active duty. After training in San Antonio, he will be deployed in the first ground combat unit called up. Unknown location and length of active service. o Michael Wolven, Street Department - Army National Guard. Subject to call. o Hershal Green, Water Utilities - Army National Guard. Subject to call. o Anthony Blain, Water Utilities - Army. Subject to recall for next five years. o Director of Community Services Kevin Hugman- U.S. Navy Commander- Active Reserves. Subject to recall. Mr. Campbell commended these men for their dedication to our country. Agenda Item #4 -C, SPIN Report No SPIN report was given tonight. Agenda Item #4 -D, Park and Recreation Report Mary Georgia gave the Park and Recreation Board Report. She commented on a meeting held with members of staff regarding the Tennis Center. She also commented on a proposal for a Cingular Wireless Clock Tower that is being discussed and will go before various boards for approval in the near future. Agenda Item #4 -E, Committee Reports Debra Heath, Education Liaison for KSB Board of Directors, reported on the Touch of Nature Anthology which showcased over 1,200 original works by Southlake children. She reported on Touch of Nature: America The Beautiful, which is this year's edition. She presented Entry /Order Forms to Councilmembers encouraging them to participate in this effort. She stated the entries are due by December 7, 2001, with the anthology to be Regular City Council Meeting Minutes of October 16, 2001 Page 3 of 16 distributed on Saturday, April 6, 2002, at the Great American Cleanup. For questions, please contact Emily Galpin, Southlake Community Services Department at 817/481- 1549. Gary Fickes reported on the Local Option Election effort. He stated he was happy to hear this evening that the result of the petition drive for the Local Option Election was a huge success with over 7,000 names being presented. As the result of the report received from Tarrant County Election Administrator who verified the names on the petitions, only 550 names were excluded from the list. Therefore, the City will be holding a local option election on November 6, 2001. Mr. Fickes thanked everyone who worked so hard on this petition drive and those who signed the petitions. Agenda Item #5, Consent Agenda Mayor Stacy stated that all items listed below are considered to be routine by the City Council and will be enacted with one motion. There will not be a separate discussion of items unless a Councilmember or citizen so requests, in which event the item will be removed from the general order of business and considered in its normal sequence. 5 -A. Approval of the Minutes of the City Council meeting held on October 2, 2001. The Minutes of the Regular City Council meeting held on October 2, 2001, were approved as presented. 5 -B. Authorize the Mayor to execute a Commercial Developer's Agreement for Gumm Scifres Addition. Gumm Scifres Addition, a 5.0075 acre development (Lots 1 through 4, Block 1), is a plat revision for Gumm - Scifres Addition, which includes the right -of -way dedication for South Village Center Drive and is located on the south side of F.M. 1709 across from Village Center, was approved on August 7, 2001. The developer of Lot 2, Block 1, (Bank One) desires to construct the street improvements, including 37 feet of pavement for South Village Center Drive, a deceleration lane approximately 232 feet long on F.M. 1709, and relocation of a traffic signal pole at the intersection of F.M. 1709 and South Village Center Drive. The construction also will include installation of 8 -inch water and sanitary sewer lines within the right -of -way of South Village Center Drive. This is the standard developer's agreement with no request for waivers. 5 -C. Approval of Library Meeting Room Use Policy. This is another of the policies the City is developing as they begin operations in the Southlake Public Library. It is consistent with the recently approved Town Hall Use Policy and governs use of the small meeting room within the Library. The policy states that the meeting room is available to support library programs and functions, and when not in use for such, will be available to not - for - profit Regular City Council Meeting Minutes of October 16, 2001 Page 4 of 16 groups based in Southlake. The meeting room will not be used for commercial purposes and no admission may be charged, donations solicited, or money collected. The policy also clearly defines the responsibilities of the user groups in terms of cleanliness, damage, and supplies. 5 -D. Approval of Library Code of Conduct Policy Revision. This item is to approve some revisions to the previously approved Code of Conduct Policy. The Library Board has recommended it for approval. Amendment No. 1. Shirts and shoes, sandals, or other appropriate footwear must be worn in the building for health and safety reasons. Amendment No. 2. The use of electronic devices (i.e. cell phones, pages, electronic games, etc.) is not permitted in the library. The proposed revisions are intended to further enhance the quality of service and atmosphere for patrons visiting the library by eliminating occurrences that may serve as a distraction. 5 -E. Approval of 2001 Facilities Utilization Agreement with the Southlake - Carroll Lacrosse Association (SCLA). This Facilities Utilization Agreement is similar to those in place for baseball, girl's softball, and soccer. Since the City will provide some facilities to SCLA for the first time (use of the old Texas School of Baseball property), the City desires to have this agreement in place. This agreement is only for the remainder of this calendar year. In general, the facilities utilization agreement is intended to address such issues as practice dates, insurance requirements, hours of practice, field maintenance, and field requirements, among others. 5 -F. Approving Names for new Neighborhood Park and Athletic Facility, being "Chesapeake Park" and "Southlake Softball Complex." With the addition of new parks, staff desires to formally name them in accordance with department policy for naming of parks and facilities. The Park Board recommended naming of Chesapeake Park and Southlake Softball Complex. Effective February 18, 1996, the City adopted a procedure for naming or renaming park facilities. Section III of the guidelines stated that a park might be named for any local, state, or national geographic area, landmark, or event. Section IV states, in part, that a park may be named for any symbol or concept associated with the City of Southlake. Chesapeake Park is a neighborhood park, approximately twelve acres in size, and located in the Chesapeake Place subdivision on Chesapeake Lane. Regular City Council Meeting Minutes of October 16, 2001 Page 5 of 16 The Texas School of Baseball was previously operated as a baseball park and training facility for select baseball. With the purchase by the City, the site is now slated to become the future home of the local recreational softball program. 5 -G. Acceptance of report from Tarrant County Elections Administrator regarding results of petition count for Local Option Election. In a report dated October 15, 2001, from the Tarrant County Elections Administrator, Robert Parten, and the results of the petition verification indicate 7,533 names were presented on the petitions. 6,881 names were accepted, and 652 names were rejected. According to the Alcoholic Beverage Code, it requires 35% of the registered voters on the voter registration list, the city has more than enough qualified signatures to hold a Local Option Election on November 6, 2001. 5 -H. Resolution No. 01 -065, A Resolution calling a Special Election for the purpose of local option to legalize the sale of wine in the City of Southlake. Resolution No. 01 -065, calling a Special Election for the purpose of local option to legalize the sale of wine in the City of Southlake, was approved by the City Council. The resolution sets out the procedures for holding the election. Names the election judge and alternate judge; determines the dates for early voting, sets out the precincts in Southlake and other procedures for the election. The election will be held on November 6, 2001. 8 -A. Ordinance No. 480 -380, 1 Reading (ZA01 -082) Rezoning and Concept Plan on property legally described as Lot 6R2, Block 3, Cimmarron Acres, being 2.411 acres This item was tabled for future action (no date determined). 10 -A. Approval of Agreement for Community Services with Keep Southlake Beautiful. Keep Southlake Beautiful (KSB) is a non - profit community -based organization that first entered into an agreement with the City of Southlake in 1994. KSB currently provides many services to the community including educational programs, environmental awareness, and the implementation of the adopt -a- street program for Southlake city streets and right -of -ways. KSB has requested $5,000 for FY 2001 -2002. A KSB - school partnership has been developed to enhance the relationship between KSB and all schools in Southlake. The Adopt -A- Street program continues to operate with quarterly cleanups. Litter -free programs now include city special events, youth sports associations, and the initial development of litter -free schools. Regular City Council Meeting Minutes of October 16, 2001 Page 6 of 16 10 -B. Approval of Agreement for Community Services with Southlake Sister Cities. Southlake Sister City is a non - profit community -based organization established in 1991. The purpose of Southlake Sister Cities, Inc., is to foster global understanding, friendship, and communication through exchanges with Southlake's Sister Cities of Toyoma, Japan, and El Fuerte, Mexico. Southlake Sister Cities members act as the official hosts for visitors from the sister cities as well as representing Southlake on trips to Japan and Mexico. Southlake Sister Cities organize two youth exchanges each year: a group of youth from Southlake who visit Toyoma and a group of youth from Toyoma who visit Southlake. This is the first year that Southlake Sister Cities has requested funding from community services funds. In the past, the City of Southlake was a member of Southlake Sister Cities with a $1,000 membership. Southlake Sister Cities has requested funding of $1,000 for FY 2001 -2002 for services rendered to the community. 10 -D. Request for a variance to Sign Ordinance No. 704 -A, for Aventerra Southlake with site locations at 500 West State Highway 114 and 250 East State Highway 114. Aventerra Southlake consists of two sites: The Grove located at 500 W. State Highway 114 (50+ acres) and Corporate Center located at 250 E. State Highway 114 (280 acres). Three oversized real estate signs have been proposed for the two sites, one at the Grove and two for the larger site at Corporate Center. Real estate signs are allowed by ordinance to be 32 square feet per sign face (a total of 64 square feet) and mounted at no higher than 5 feet above grade in overall height with one sign per site. The proposed signs are 12 feet high by 16 feet wide with an area of 192 square feet. They have a single sign face. The signs are to be mounted on posts with the lower edge at no more than 5 feet above grade for an overall height of 17 feet above grade. The signs are to be complemented with a landscape package. 10 -E. Request for variance to Sign Ordinance No. 704 -A, for GameStop located at 2055 West Southlake Boulevard. U.S. Signs, on behalf of GameStop, is requesting a variance to Sign Ordinance No. 704 -A. The proposed sign would have 36 -inch letters, which is a 300% increase over the allowable letter size. The ordinance allows 12 -inch letters for storefronts less than 100 feet from the right -of -way. In addition, the ordinance states signs may not extend above or below the projection of the fascia. The fascia of this building is 18 inches. The GameStop storefront is approximately 80 feet from the right -of -way, which limits their allowable size to 12 -inch letters. The applicant presented no unusual or exigent circumstances to support the request, other than marketing strategy. Regular City Council Meeting Minutes of October 16, 2001 Page 7 of 16 Motion was made to approve the consent agenda as follows: Agenda Item #5 -A, #5 -B, #5 -C, #5 -D, #5 -E, #5 -F, #5 -G, #5 -H, #8 -A, to table; Item #10 -A, #10 -B, #10 -D, for two signs on the side that faces State Highway 114, leaving the sign requirements as in the ordinance for the sign that faces White Chapel Boulevard; and Item #10 -E. Motion: Standerfer Second: Evans Ayes: Standerfer, Evans, Potter, Stephen, Shankland, DuPre, Stacy Nays: None Approved: 7 -0 vote Agenda Item #6, Public Forum No comments were made during the public forum. Agenda Item #7 -A, Resolution No. 01 -060, Amendment to the Master Thoroughfare Plan - General Alignment of the Kirkwood Boulevard extension. Senior Planner Ken Baker presented background information regarding the Master Thoroughfare Plan stating this would amend the currently adopted plan to indicate the general alignment of an arterial street (Kirkwood Boulevard Extension) from West Dove Street to North Kimball Avenue, north of State Highway 114. The portion of the roadway north of Highland Street shall be designated as a divided four -lane arterial with 100' of right -of -way. The portion of the Kirkwood Boulevard Extension along Highland Street west of Carroll Avenue will remain designated as four -lane undivided arterial with 74" of right -of -way. The portion of the Kirkwood Boulevard extension roadway along Highland Street east of Carroll Avenue and south of Highland Street shall be designated as an undivided three -lane arterial with 74' of right -of -way. This also would amend the MTP text to include the following: o Speed limit not to exceed 35 miles per hour. o The roadway north of Highland Avenue shall include a large planted median ( >25 feet), street trees, bike lanes, and a pedestrian path or sidewalk that parallels the roadway. o The roadway south of Highland Avenue shall include street trees, bike lanes, and a pedestrian path or sidewalk that parallels the roadway. o The intersection of Kimball Avenue and the Kirkwood Boulevard extension should be signalized. o Further study the Carroll Avenue /Highland Avenue intersection area as part of the overall mobility study. Planning staff attended a Citywide SPIN meeting on September 27, 2001, to present the Kirkwood Boulevard extension thoroughfare plan amendment. Approximately 80 people were in attendance at the meeting. The Planning and Zoning Commission held a public hearing on this item at its October 4, 2001 meeting. At that meeting, staff presented recommended general alignment (Option #1) and a more southern alignment suggested by a number of people at the SPIN meeting (Option #2). In addition, staff presented Regular City Council Meeting Minutes of October 16, 2001 Page 8 of 16 recommended wording to be added to the MTP text. The Planning and Zoning Commission recommended approval of Resolution No. 01 -060, specifically stating that the alignment as shown on Option #2 be reflected on the MTP map and that the MTP text be amended to include the bullet items presented in the staff memo. Staff is recommending that the MTP map reflect the general alignment depicted by Option #1. Staff believes that Option #1 more realistically depicts the ultimate alignment versus the alignment depicted on Option #2 at the Carroll Road /Highland Avenue intersection. Staff believes that the Option #2 alignment is not as feasible as Option #1 due to the S.H. 114 improvements. The upcoming S.H. 114 construction will encompass portions of North Carroll (to the north) and Highland (to the east) as follows: o North Carroll: The edge of new improvements to North Carroll after S.H. 114 widening will terminate approximately 1, 030 feet north of the existing S.H. 114 /Carroll intersection. o Highland: The edge of new improvements to Highland after S.H. 114 widening will terminate approximately 470 feet east of the existing S.H. 114 /Highland intersection. Also, the property known as Carroll Comer is already platted, and the City would have to purchase right -of -way on this property to have the roadway align as indicated on Option #2. In addition, staff recommends that the City work with the CISD and undertake a study of the Highland Street /Carroll Avenue intersection to determine its future design and how the Kirkwood Boulevard extension would intersect this area. PUBLIC HEARING: Kermit L. Stosberg, Jr., 1204 Blythe Lane, Highland Estates, Southlake. Mr. Stosberg stated he lives in Highland Estates, next to Pastor Bob Stith. Mr. Stosberg gave several reasons why he feels this will not be in the best interest of the residents in that area. Kenneth Horne, 1215 Ashmoore Court, Highland Estates, Southlake. Mr. Horne stated there would be a lot of traffic on Highland. He stated he talked with Aventerra during the SPIN meeting, and they said they did not have to have it this way. He asked, "What have they done for the City Council to make their property worth less money ?" He stated this plan is not for the good of Highland Estate residents. Nancy Moffat, 1414 Whispering Dell Court, Southlake. Ms. Moffat stated the residents are not given the option to turn this down. This entire new road will not benefit the citizens of Southlake, only Aventerra. She asked that the City Council remember a prior commitment and that they do not have to consider either of these options at this time. Jan Francis, 1211 Ashmoore Court, Highland Estates, Southlake. Ms. Francis stated that the City Council gave the homeowners in that area a promise, and she asked that Council please not change your promise. She stated a service road through residential property doesn't make sense. Regular City Council Meeting Minutes of October 16, 2001 Page 9 of 16 Mayor Rick Stacy stated, "No one on the City Council asked for this and Aventerra did not even ask for this. This is a process and the Master Thoroughfare Plan is updated every four years. This is a normal update public hearing. We are not gong to go out and change or build new roads." Mayor Stacy stated to staff that this plan is not realistic. Director of Planning Bruce Payne commented about the alignment. This is a policy statement that an "east -west connector" is needed. He noted if we have a mark on a plan, we could make developers pay for a road. Any impact fees they have to pay, we can't charge them if there is not a mark on a map. Councilmembers suggested a work session is needed for this issue. Motion was made to table this item and continue the public hearing, with the following meeting being at least one month away. Motion: Potter Second: Evans Ayes: Potter, Evans, Shankland, DuPre, Standerfer, Stephen, Stacy Nays: None Approved: 7 -0 vote (to table -date not determined) Agenda Item #7 -B, Ordinance No. 480 -379, 2 " Reading (ZA01 -091) Ordinance No. 480 -379, 2 Reading (ZA01 -091), Rezoning on property legally described as Tracts 3E2A2, 3E1A4, 2E3A, 3E12, and 3E13, John Childress Heirs Survey, Abstract No. 254, being 1.19 acres. Current zoning is "AG" Agricultural District with a requested zoning of "SF -1A" Single Family Residential District. Director of Planning Bruce Payne presented this item noting that the property is located at 3259 Lake Drive. The subdivision ordinance requires that all residential lots have frontage on a public street. Lake Drive is a private ingress /egress access easement. Currently it exists as a dirt road. Fire emergency vehicles must have access to the property and have area to maneuver. Fire lanes shall be designed and maintained to support the imposed loads of fire apparatus and shall be provided with a surface so as to provide all- weather driving capabilities. Staff commented a zoning request for "SF -1A" does not require a Concept Plan. The emergency access and fire protection issues discussed above are things that the applicant must work out with the building and fire departments in order to acquire a building permit and do not prevent approval of either the zoning change or the proposed plat. Warren Allen, 3259 Lake Drive, Southlake. Allen is the applicant /owner representing the buyer of the property. PUBLIC HEARING: Regular City Council Meeting Minutes of October 16, 2001 Page 10 of 16 Brenda Snyder, homeowner on Lake Drive. Ms. Snyder had questions about paving the road. Director Payne stated paving is not required. Motion was made to approve Ordinance No. 480 -379, 2 reading. Motion: Potter Second: Shankland Ayes: Potter, Shankland, DuPre, Standerfer, Stephen, Evans, Stacy Nays: None Approved: 7 -0 vote Agenda Item #7 -C, Variances to the Subdivision Ordinance No. 483, Section 8.01A (street frontage). Variance to the Subdivision Ordinance No. 483, Section 8.01A (street frontage) as amended for Case No. ZA01 -102, Plat Showing- Lot 4, John Childress No. 254 Addition, on property located at 3259 Lake Drive. Senior Planner Dennis Killough presented this item noting this is a variance request associated with the previous item, Case #ZA01 -091. The Subdivision Ordinance requires that all residential lots have frontage on a public street (minimum 50' of right -of -way with 31 -foot curb - and - gutter street or 60 -foot right -of -way with 24 -foot pavement and bar ditches). The property fronts on a dirt road within a private ingress /egress easement extending off of Lake Drive. Emergency vehicles must have access to the property and have area to maneuver. Fire lanes shall be designed and maintained to support the imposed loads of fire apparatus, and shall be provided with a surface so as to provide dust - free -all- weather driving capabilities. If Council allows the street variance, the applicant must resolve the emergency access and fire protection issues to the satisfaction of building services and fire services before receiving a building permit. It should be noted that this plat does not create any new buildable lots. The plat will be combining five unplatted parcels into a single lot. Motion was made to approve the variance of Item #2b as presented. Motion: Potter Second: Stephen Ayes: Potter, Stephen, Evans, Shankland, DuPre, Standerfer, Stacy Nays: None Approved: 7 -0 vote Agenda Item #7 -D, ZA01 -100, Revised Site Plan for Woodland Hills Exchange Building ZA01 -100, Revised Site Plan for Woodland Hills Exchange Building, on property legally described as Lot 1, Block 1, Woodland Hills RSU Addition, being 0.35 acres. Current zoning is "CS" Community Service District. Regular City Council Meeting Minutes of October 16, 2001 Page 11 of 16 Senior Planner Dennis Killough presented this case, noting this property is located at 400 West Southlake Boulevard, just east of the entrance into Bicentennial Park. The plan proposed adding 857 square feet to the existing 992 - squaire foot Verizon switch building for a total of 1,849 square feet. The applicant requested the following variances at Planning and Zoning Commission meeting: • Existing parking encroaches approximately 5' into a 25' length of the 20' bufferyard on the south property line. The parking existed prior to the 20' bufferyard being required. Due to the increase in floor area, the lot is required to meet the current standard. • The building does not meet current building articulation standards. • Buildings 6,000 square feet or less require a pitched roof. The Planning and Zoning Commission recommended approval (5 -0) on October 4, 2001, subject to the Site Plan Review allowing parking encroachment but denying variance required for building articulation and pitched roof. The applicant has submitted revised plans for the building elevations proposing a pitched roof and brick accents on the facade. The brick accents are intended to provide a visual articulation. However, the building still does not meet the letter of articulation requirements. Steven Otis, Representative from Verizon. Mr. Otis stated they have exhausted their means to service the residents of Southlake out of this building and the building restricts them from meeting the articulation requirements. He noted that they try to be inconspicuous for security reasons. City Attorney E. Allen Taylor Jr., stated, the City Council is giving permission to go forward if the Zoning Board of Adjustments denies the variance and if the Zoning Board of Adjustments approves the variances, then they can go forward. PUBLIC HEARING: No comments were received during the public hearing. Motion was made to approve the Revised Site Plan for the building as submitted with an additional approval for the extension of the side facade improvements into any area approved by the Zoning Board of Adjustments or for the purpose of meeting articulation requirements of the Zoning Ordinance. The City Attorney stated, "That will give them the approval to start the base tract to build the facility so they can get service in place, and it will already reflect Council approval for facade improvements to meet articulation requirements to the extent that they are given room by the Zoning Board of Adjustments. If the Board denies all room, they build no improvements. If the Board gives them three -feet to build, they build what they can get into three- feet." Motion: Potter Regular City Council Meeting Minutes of October 16, 2001 Page 12 of 16 Second: Evans Ayes: Potter, Evans, Shankland, DuPre, Standerfer, Stephen, Stacy Nays: None Approved: 7 -0 vote Agenda Item #8 -B, ZA01 -099, Preliminary Plat for Autumn Glen Estates ZA01 -099, Preliminary Plat for Autumn Glen Estates, on property legally described as Tracts 3A1G3, 3A1G, 3A1G5, 3A1G1, 3A1G2, 3A1G4, 3A1F1, 5B3, 5B, 5B2A, 5B2, 4E, and 4, Francis Throop Survey, Abstract No. 1511, being 95.9 acres. Current zoning is "SF -1A" Single Family Residential District. Senior Planner Dennis Killough presented this item noting the property is located between the east side of North Carroll Avenue and the west side of Sunshine Lane, approximately 500' south of East Dove Road. The City Council approved a change to "SF -1A" Single Family Residential zoning on August 21, 2001. The plat proposed 83 residential lots on 95.6 acres with a residential density of 0.87 du /ac. A variance is requested from the required trail along Dove Creek. The Park Board recommended that the applicant set aside two acres of private common area and install standard amenity and playground equipment to satisfy the $124,500 park dedication fee. Park dedications are required as public dedications and City Ordinances do not require dedication of "private common areas" or "open space" under this zoning district. Private dedications and improvements only qualify for maximum 50% credit for park dedication fees. The Community Service staff recommends dedication of fees rather than land. The Planning and Zoning Commission recommended approval (5 -0) on October 4, 2001, subject to Plat Review Summary No. 2, dated September 28, 2001, granting a variance to the trail along Dove Road and requiring maintenance access as specified in #2 but not the pedestrian access. Ocie Vest, Civil Engineer, Dallas. Mr. Vest stated this project consists of 83 one -acre lots on "SF -1A" Zoning. He answered questions of Councilmembers. Mayor Stacy stated he feels this is not the best plan for the property, and he stated he could not support it. Mayor Stacy stated he is not saying it does not comply with the ordinances, but it is not the best plan for the property. Councilmember Tom Stephen stated he feels the residents won the battle with this plan, but this is not the better plan. Councilmember Patsy DuPre stated she liked the plan that came around first, and with this plan the city lost the amenities that the PUD would have provided. Councilmember Rex Potter stated it is SF -1A and this developer knows what a good development is, and this is not a good development. Potter stated he will not support this development plan. Regular City Council Meeting Minutes of October 16, 2001 Page 13 of 16 Agenda Item #2 -A, Executive Session Continued Mayor Stacy stated pursuant to the Open Meetings Act, Chapter 551, Texas Government Code, Section 551.071, Council would be going back into executive session to seek advice of the City Attorney. Councilmember adjourned into executive session at 9:55 p.m. Council returned to open session at 10:20 p.m. Continuation with Agenda Item #8 -B Motion was made to approve ZA01 -099, Preliminary Plat for Autumn Glen Estates, subject to Plat Review Summary #2 dated September 28, 2001; granting the variance to the trail as requested; granting the multi -use trail along Dove Creek from the Southlake Pathways Master Plan, but subject to the following: • A street be dedicated and constructed which connects the east and west sides of the development which would connect Roadway "F" to Roadway "A" along an alignment which is somewhere along and between Lots 13, 14, and 15, on the Sunshine Lane side of the development; and Lots 9, 10, & 11, on the Carroll Avenue side of the development which will connect two sides from east to west; and providing a stub out north to a future connection to Dove road on the northern most edge at a location to be determined by the developer. • I believe there is a health, safety and welfare issue, for access to the Sunshine side of the development and to the Carroll side of the development and I believe it to be for the benefit of the residents of the subdivision to allow fire and police access to the development. Motion: Standerfer Second: Shankland Ayes: Standerfer, Shankland, Evans, DuPre, Stacy Nays: Potter Abstention: Stephen Approved: 5 -1 -1 vote Agenda Item #10 -C, Establishing Contractual Terms for a Management Agreement for the Southlake Tennis Center. Director of Community Services Kevin Hugman stated the proposed Fiscal Year 2001 -02 Budget included funding for the City of manage and operate the Southlake Tennis Center. Staff proposed that a Tennis Center manager to oversee the business operations and marketing, and the shop staff be City employees, with teaching professionals as contracted employees. The City Council expressed concern that projected revenues were less than projected expenditures, resulting in an operating loss for the City. Although the Regular City Council Meeting Minutes of October 16, 2001 Page 14 of 16 budget was approved as submitted, they directed staff to move towards another management agreement similar to the previous agreement. Mr. Hugman continued by stating that staff has developed a set of proposed contractual terms that delineate the Contractor's responsibilities and the City's responsibilities, including financial responsibilities. The contractual terms agreed on by the City Council will be used to develop a Request for Proposals (RFP) from prospective contractors. The submitted Proposals will be reviewed and a management agreement will be negotiated with the best suitable contractor. Proposals may take exception to any of the base contractual terms, but they will be evaluated on that basis. A management agreement will ultimately be negotiated between the contractor and the City. PUBLIC COMMENTS: Laurie Starks, 307 Timber Lake Way, Southlake. Ms. Starks stated she wants the City Council to approve the RFP as presented. She stated she feels in the past their was lack of detail in the contract and that was a problem as she understands it. She stated, "If a person is to be successful the City needs to give them the tools to be successful with." She stated that the pro -shop is gone and they want one, stating there are leagues who come from all over Dallas area and they would like to have a pro -shop. Ms. Starks stated the tennis players were shocked when the last director didn't work out. She stated they lost a lot of good players and also junior groups, which causes loss of revenue to the center. Ms. Starks stated, "This is truly a first class facility, and we don't do anything half -way in the City of Southlake." She asked the City Council to look at the conditions of the contract and get on with the business. Jan Eaglin, Resident of Southlake. Ms. Eaglin stated if we tell tennis pros that they will have to pay for utilities, we will lose good applicants. She feels Council should make the tennis pro a City employee, and we can have control over our facilities. Sally Boking, Resident of Southlake and Tennis Player. Ms. Boking commented on the contract and encouraged Council to get on with the business. City Manager Billy Campbell stated we have learned from the first time around, and we want to move as quickly as we can. He stated staff will look over the RFP and be prepared to make final recommendations in the near future. No action was taken on this item during this meeting. Agenda Item #12, Adjournment Mayor Rick Stacy adjourned the Regular City Council meeting of October 16 2001, at 10:57 p.m. Regular City Council Meeting Minutes of October 16, 2001 Page 15 of 16 a , .....,, -.... Mayo Rick Stacy ATTEST: _Azfryt_____ ,,,,,, OUTy ,, ,••C • .,..... •• C g 4 _' ",, , Sandra L. LeGrand ; • . F "S. City Secretary _(..) • m: e • • y - %-,„*** „"`,,,...., Regular City Council Meeting Minutes of October 16, 2001 Page 16 of 16 CONFLICT OF INTEREST AFFIDAVIT THE STATE OF TEXAS § § LUUNTY OF § 1, u ,,,, �.NC as a member of the C i`.�J , make this affidavit and hereby on oath state the following: I have a substantial interest in a business entity or real property as defined in Chapter 171, Texas Local Government Code, and a vote is to be taken or a decision is to be made that will have a special economic effect on this business entity or real property. The agenda item affecting this business entity or real property is: �� 0 t - c C i . COMPLETE (A) or (B): (A) The business entity is 4 N..1 6 t_;y■; ?- (name); or (B) The real property is located at: I have a substantial interest for the following reasons: (check all which are applicable) Ownership of 10% or more of the voting stock or shares of the business entity. Ownership of 10% or more or $15,000 or more of the fair market value of the business entity. Funds received from the business entity exceed 10% of gross income for the previous year. Real property is involved and I have an equitable or legal ownership of the property with a fair market value of at least $2,500. A relative of mine has a substantial interest in the business entity or real property that would be affected by a decision of the public body of which I am a member. Upon filing of this affidavit with the City Secretary, I affirm that I will abstain from voting on any decision involving this business entity or real property and from any further participation on this matter by discussion or debate. Signed this k� day of V� v , Signature of Official The State of ,J,, , § County of , / , . § Befo e me / /v Jr. J,4 ' 14) on this day person 11y appeared , ,l/l;ittiv. Vfy own to me (or proved to me on the oath of , CL or through (description of identity card or other document) to be the per whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same for the purposes and consideration therein expressed. Given under my hand and seal of office this ILO day of h A.D. , 6A9 1. (SEAL) / c c - �A�"�J ; -� i Liu ' xi N Ph';ic 4 ` ' c of Texas / d 4 4-tai ( (______/ / 4' or` My Appt. Exp. 02 -04 -2003 ' !� �Z -- - - - - - - - .... ' Notary Public in and for the State of Texas H: LIBRARYuMunicipal\ MERGE \ConflictofInterestAffidavit.wpd •South Keep Southlake Beautiful ,e Community Services Department 400 N. White Chapel Southiake • TX • 76092 Phone: 817.481.1549 • �� � Fax: 817481.1594 auto www.ci.southlake.bc us 10/16/01 `th ak- Dear City Secretary LeGrand: TRU CRY USA. We hope you had the opportunity to experience the Touch of Nature anthology. The 2001 -2002 professional 225 page hardbound publication showcasing over 1200 original works by BOARD OF DIRECTORS Southlake's children is a masterpiece. What a rewarding partnership between Carroll ISD, President Keep Southlake Beautiful (KSB), and the City of Southlake. The expressions of our children Rosemary Hutchins through literary and art work is priceless. Their illustrations and literary pieces focusing on Vice President how they see or how their actions impact nature and the environment both locally and globally Alison Hubbs touches the heart. Trea re sur Student participation in the publication of Touch of Nature enhances CISD's vision to Secretary "create a learning environment that inspires individual success and responsibility in our global Debra Heath community." What a better way than to have students illustrate or write in the various genres. This year we would like to expand our efforts to include a second opportunity for each student Wendy Carlucci to experience the pride by publishing their work in a hard -bound book. Again, we are in Phyllis aula Catron partnership with CISD and the City of Southlake. Paula Egger p p Y Patrick Flaherty Please note that this year's edition will be entitled Touch of Nature: America the 'a Frost Beautiful. The theme, of course, is centered around the theme of nature and how individuals Linn can impact the environment with topics including litter, air /water quality, waste minimization, Sue Powell beautification, plants, animals, and, in light of recent events, respect for all living things and world peace. Our students need adult examples to be their models. To make this city -wide publication successful, we need your help. Please support Southlake's students by: • Writing /illustrating your own entry for the anthology • Purchasing a copy of the Touch of Nature: America the Beautiful for your home or office. The Touch of Nature: America the Beautiful entries are due by December 7 2001. Please complete and submit the enclosed entry/order form with your original work. The anthologies will be distributed Saturday, April 6th, 2002 at the Great American Cleanup. If you have any questions, please feel free to contact Emily Galpin, Southlake's Community Services Department, at 817.481.1549 or Fax: 817.481.1594. Sincerely, / LW ' ZA A Debra Heath Education Liaison, KSB Board of Directors AFFIUATI KEEP AMERICA BEAUTIFUL ue Keep Texas Beautiful TOUCH OF NATURE: AMERICA THE BEAUTIFUL ENTRY /ORDER FORM GENERAL ENTRY GUIDELINES • Original work • Approved by the classroom teacher. • Completed entry information form attached to the front for text and taped to the back for art work. • Submit by December 7, 2001 for publication approval. TEXT ENTRY GUIDELINES ART ENTRY GUIDELINES • Written in English • Black ink or Sharpie • Typed • Two dimensional • Publication ready (final form) • On 8 1 /2" x 11 white drawing paper • Send 1 photocopy with original • Send 1 photocopy (front and back) with original Please return entry and form to Keep Southlake Beautiful • 400 N. White Chapel • Southlake • TX • 76092 For questions, please call Keep Southlake Beautiful — 817.481.1549 LITERATURE /ART ENTRY INFORMATION Category: Literary or Art (Circle one — one entry per entry form) FIRST NAME LAST NAME ADDRESS CITY /STATE ZIP PHONE ANTHOLOGY ORDER INFORMATION FIRST NAME LAST NAME ADDRESS CITY, ST ZIP PHONE Number of copies ordered at $25 each Total Submitted Touch of Nature: #e America the Beautiful '� outhla 2002 Edition e eautt {v CALL FOR ENTRIES The community is invited to submit literature and art entries to the 2002 Edition of the Touch of Nature: America the Beautiful./ Carroll ISD, the City of Southlake, and Keep Southlake Beautiful (KSB) are partnering again to publish a community -wide anthology of art and literature. This compilation of environmental works showcases various genres of writing and black and white art work focusing on environmental topics including: • trees • native plants • wildscaping • animal habitats • recycling • air /water quality, • litter prevention, and, in the light of recent events, • world peace • respect for all living things, with an emphasis on each individual's responsibilities. ABOUT KEEP SOUTHLAKE BEAUTIFUL • Keep Southlake Beautiful is a 501c3 nonprofit, volunteer organization serving in partnership with the City of Southlake to promote citizen -based community litter reduction and prevention education, beautification and community improvement, waste minimization, and environmental education. KSB's mission is to strive through educational and motivational programs to improve the appearance of Southlake and to preserve and enhance our local natural environment. KSB works with Carroll ISD through its Flying Oak Tree Award Program, Teacher Grant Program, Adopt -a -Spot, Sponsor for Arbor Day 5 Grade Poster and 6 Grade Poetry Contests, and Environmental Education resources. Everyone wants a clean and beautiful community. The KSB program can increase economic development, change a visitor's perception, and change citizen attitudes about waste handling practices. As a Southlake resident we know you understand the importance of keeping our city clean and beautiful and its affect on both citizens and businesses. SOME OF KSB'S 2000 -2001 ACCOMPLISHMENTS • Publication of the 2001 edition of the Touch of Nature. • $825 in Environmental Grants to Southlake Teachers • 25 Teachers Trained in Waste in Place • 4,754 Volunteer Hours • 28,000 Brochures Distributed • 7 Community Cleanups • 5 Tons of Trash Collected • 3rd Place Governor's Community Achievement Awards • Two Southlake Schools Awarded State Environmental Education Awards Keep Southlake Beautiful 400 N. White Chapel Southlake, TX 76092 817.481.1549 - Phone • 817.481.1594 - Fax w ww . c i. s outhl ake . tx. us