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2001-09-18 REGULAR CITY COUNCIL MEETING TOWN HALL, 1400 MAIN STREET SOUTHLAKE, TEXAS MINUTES SEPTEMBER 18, 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; Deputy Director of Finance Lynn Warren; Director of Community Services Kevin Hugman; Director of Economic Development Greg Last; Director of Planning Bruce Payne; Senior Planner Dennis Killough; Director of Public Works Pedram Farahnak; Senior Engineers Charlie Thomas and Mike Hutchison; Assistant to the Director of Public Works Valerie Bradley; Manager of Public Works Operations Michael Patterson; Director of Human Resources Harold Cates; Director of Public Safety Rick Black; Chief of Police Marlin Price; City Attorney E. Allen Taylor, Jr.; and City Secretary Sandra L. LeGrand. WORK SESSION: Mayor Rick Stacy called the Work Session to order at 5:47 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 were discussed and the following items were moved to the consent agenda. Item #8 -A, and #8 -B, were tabled at the request of the applicant to the October 2, 2001 City Council meeting. Agenda Item #10 -A, Moving the Council meeting dated from November 6, to November 5, due to November 6 being Election Day. ■ Agenda Item #11 -A, Status Report on the proposed extension of F.M. 1938. Deputy Mayor Pro Tem Patsy DuPre gave an update on the presentation trip to Austin to be held on September 26 and 27. Director of Planning Bruce Payne explained the issues that have taken place regarding F.M. 1938 and completed the presentation to the City Council and the audience. Mayor Stacy commented that when we get to Austin, if we get funding, we can go forward with the project, and if we don't get funding then the project will not begin. The work session ended at 6:23 p.m. Regular City Council Meeting Minutes of September 18, 2001 Page 1 of 22 REGULAR CITY COUNCIL MEETING Agenda Item #1 -A, Call To Order Mayor Rick Stacy called the Regular City Council meeting to order at 6:23 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, 551.086, 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. Council adjourned into executive session at 6:23 p.m. Council returned to open session at 7:15 p.m. Agenda Item #2 -B, Action Necessary /Executive Session No action was taken as the result of the executive session. Agenda Item #3, Invocation and Pledge to the Flag Pastor Coy Quesenbury, Lonesome Dove Baptist Church, led the Invocation. Mayor Rick Stacy led the Pledge of Allegiance to the Flag. Agenda Item #4 -A, Mayor's Report Mayor Stacy made the following announcements during the Mayor's Report. o September 26 and 27, Metroport Cities Partnership will be making a presentation before the Texas Department of Transportation. Councilmembers and staff will be going to assist in that presentation. Those attending will be: Mayor Stacy, Mayor Pro Tem W. Ralph Evans, Deputy Mayor Pro Tem Patsy DuPre. Councilmembers: Tom Stephen and Rex Potter. Staff: City Manager Billy Campbell; Director of Economic Development Greg Last; and Director of Planning Bruce Payne. o The Aventerra Reception planned for September 19 has been cancelled. It will be rescheduled at a later date. Regular City Council Meeting Minutes of September 18, 2001 Page 2 of 22 o September 26 at 10:00 a.m., a Ribbon Cutting Ceremony for Southlake Public Library will be held. Celebrity readings and library tours will take place at 10:30 a.m. During the Mayor's Report members of SYAC were introduced, as this is the first Council meeting for this new group. Those attending include: Cameron Baynard, Graham Clark, Andrew Coons, James Durham, Taylor Fidler, Ashley Head, Richard Jordan, Robert Jordan, Maggie Klocke, Stephanie Klocke, Michael Lancaster, Lauren Osborne, Mark Rogers, and Bridget Skaggs. Community Services Representative Emily Galpin was also in attendance. The president of the group commented on the activities that SYAC will be working on in the near future. Mayor Stacy made the following announcement, "Congress is meeting at this time to decide if they are going to direct federal assistance to fund the airlines. Because of the high number of Southlake residents who work at DFW airport, he feels this is a severe economic issue for the City of Southlake. People are asked to call Congressman Dick Armey at 972/556 -2500 with their messages regarding this issue." Mayor Stacy noted there is time urgency in this matter so call today. Councilmembers Patsy DuPre and Greg Standerfer noted that they attended the Annual Grapevine "Grape Stomp" and brought back a plaque for the Mayor's office. They commented on how much fun they had participating in this event. Councilmember Patsy DuPre stated the Joint Utilization Committee (JUC) met last week and once again, they are planning for Southlake City Council and Carroll School Board to challenge the Grapevine City Council and Grapevine - Colleyville I.S.D. in a tug -of- war. The event will be held prior to the Carroll- Grapevine Football game that will be held on October 13 at the new Carroll Stadium. It will be an exciting event, and she is hopeful that everyone will participate. Councilmember DuPre also reported on the results of the Blood Drive, which was held in the Senior Center and sponsored by the Greater Southlake Women's Club. She commented on the out - pouring for our Country in its time of need and turmoil. She stated that by 9:00 a.m., 120 people showed up to give blood. They ended up turning away 290 people who wanted to contribute. Agenda Item #4 -B, City Manager's Report No report was made tonight. Agenda Item #4 -C, SPIN Report Jackie Phillips, SPIN #12, 1334 Woodbrook Lane, Southlake gave the SPIN Report. Ms. Phillips reported on upcoming SPIN meetings as well as noted issues regarding the Cross Timber Hills Sewer Service. Ms. Phillips thanked the City Council for funding the SPIN Program and also thanked City Staff for their participation in the SPIN meetings. Regular City Council Meeting Minutes of September 18, 2001 Page 3 of 22 Agenda Item #4 -D, Parks and Recreation Board Report The Park and Recreation Board Report was given by Cara White who reported that at the last Park Board meeting Royal and Annie Smith Park was the topic of discussion. Trails at Royal and Annie Smith Park were discussed, as were trails at Bicentennial Park. She noted that the fields at the Texas School of Baseball would be used by Lacrosse. The YMCA made a presentation and expressed an interest in managing the Texas School of Baseball for the City. 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 be 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 September 4, 2001. The Minutes of the September 4, 2001, Regular City Council meeting were approved as amended by Council and shown below. 1) Agenda Item #7 -D, Ordinance No. 803, 2 Reading, Public Art Policy. Motion was made to approve Ordinance No. 803, 2 Reading, as amended, in Section VII (A)(1), remove the wording "one percent (1 %) and leave in the language "assessment" to reflect the range of funding possible (i.e. "not exceeding one percent (1 %) that is previously established in Section VII (A). 2) Agenda Item #5, Consent Agenda related to Item #5 -J. Motion was made to approve #5 -J, as amended, adding handouts of a political nature to "Handouts of a commercial nature will not be accepted, and, deleting the sentence, "Final authority for all handouts and bulletin board announcements rests with the Library Administrator." 5 -B. Award of bid to Brett Construction for the Neighborhood Sewer, Phase, IV, Project (Hunter's Ridge, Randol Mill Estates, Shadow Creek, Trail Creek, Bank Street Force Main.) City Council approved installation of sanitary sewer systems in the above - mentioned subdivisions as part of the FY 1999 -00 and FY 2000 -01 Capital Improvement Programs (CIP). The project involves providing sanitary sewer service to residents in these subdivisions, as well as installing a force sewer main along Bank Street that will eliminate an existing single -stage treatment plant to the south. The contract time for completion of the work is 210 calendar days. Five bids received on June 20, 2001, with Brett Construction Company being the low bidder. The total amount of the funds is $886,777.00, which provides for the Regular City Council Meeting Minutes of September 18, 2001 Page 4 of 22 construction contract amount plus a 10% contingency fund for use in unforeseen circumstances. The neighborhood sewer projects were selected based upon favorable responses to a citywide survey. In addition, staff held a spin meeting for the project on August 20, 2001, to answer questions and discuss the nature of the project with the residents, as well as to describe the level of invasiveness that this type of project inherently brings. 5 -C. Contract for election services with Tarrant County Elections Administration and City of Southlake Local Option Election. According to the Alcoholic Beverage Code, the Governing Body (City of Southlake) shall, at its sole cost and expense, perform all functions related to the November 6, 2001, Local Option Election. The City proposes to enter into a contract with Tarrant County to perform the duty of verifying and checking the petitions submitted to the City for Local Option Election to ascertain the number of qualified voters signing petitions that do or do not meet requirements of Chapter 251 of the Alcoholic Beverage Code. Pursuant to the estimates provided by Tarrant County Election Administrator, the City will pay Tarrant County Elections Administrator $50 per hour for the verification services. The County estimates that the services will take 40 hours to perform, for an estimated cost to the City of $2,000. The County will provide a report of its finding to the City Secretary. Based on the small staff in the City Secretary's office, this is the only service where the City Secretary feels assistance is needed regarding the Local Option Election. 5 -D. Authorize the City Manager to purchase 76 licenses for Office XP. The City is currently receiving shipments of the desktop computers ordered as a result of the mid -year adjustment made by City Council. The leased computers we are returning to Gateway are licenses for Office 97. Office 97 is the city's current productivity suite (word processing, spreadsheet, database and presentation and graphic's software). Office 97 is four years old and is nearing the end of support from Microsoft. There have been two major releases since Office 97, culminating in the newest release of Office XP. The City is not even able to purchase in volume Office Professional or Office 97. The City has tested Office XP on several of the current platforms and has not found any compatibility issues. The mid -year request approved by the City Council contained funds to provide a productivity suite on the new desktop computers and the quote we received from the authorized vendor of Texas Department of Information Resources is within our budget. The purchase will be $16,948 on September 19, in order to maintain our schedule of replacing the Gateway PC's this fiscal year. Regular City Council Meeting Minutes of September 18, 2001 Page 5 of 22 5 -E. Termination of Interlocal Agreement with the City of Grapevine for Library Services. Since 1998 the City of Southlake has paid the $25 fee for non - resident library cards for Southlake residents to use the Grapevine Public Library. To date for FY 2000 -01, the City has been invoiced for approximately $40,000 by Grapevine. In the FY 2001 -02 Library Services budget, the City has included $60,000 for purchase of Grapevine Library cards. The current Interlocal Agreement expires October 19, 2001, and the City must notify Grapevine of its intent to terminate the contract or it automatically renews for another year. Termination of the contract will not prevent Southlake residents from continuing to obtain a Grapevine Library card; however, it would terminate the City's obligation to Grapevine to pay for the non - resident card. At the August 21, City Council meeting, Council discussed a library security system compatible with Grapevine's system. This system is significantly more expensive than the type originally budgeted, but is more technologically advanced and will increase staff efficiency and processing time. Council agreed with staff's recommendation to pursue purchase of this system. One method of funding this system was to re- allocate the Grapevine library cars funding ($60,000) to money of the Checkpoint Radio Frequency Identification (RFID) security system ($64,000). 5 -F. Recognition Policy for Members of City Boards, Committees, and Commissions. Staff has worked on a draft policy to establish guidelines for the recognition of the hard work and value that volunteers serving on city boards and commissions contribute toward shaping efficient and effective service delivery. The draft policy establishes guidelines for recognition, categorizes recognition plaques (to allow for special recognition to volunteers who serve in an executive function on boards), and assigns accountability to staff to coordinate this process. Staff has attempted to address the issues in taking on such an initiative, however, any input that the City Council has to improve this policy is welcome. 8 - A. Ordinance No. 480 - 375, 1 Reading (ZA01 - 078), Rezoning on property described as Lot 10, Block 1, Southlake Estates, being 1.805 acres. Current Zoning is "SF- 1A" Single Family Residential District, with a request of "SF -30" Single Family Residential District. This item is tabled at the request of the applicant to the Regular City Council meeting on October 2, 2001. If approved, the public hearing will be held on October 16, 2001. 8 -B. ZA01 -079, Plat Revision on property legally described a Lot 10, Block, 1 Southlake Estates, being 1.8 acres. This item is tabled at the request of the applicant to the Regular City Council meeting on October 2, 2001. Regular City Council Meeting Minutes of September 18, 2001 Page 6 of 22 10 -A. Consider moving the City Council meeting from November 6, 2001, due to Election Day. It has been suggested that the November 6, City Council meeting be rescheduled or canceled due to the fact that the Local Option Election and Tarrant county Constitutional Amendment Election will both be held in the Town Hall facilities on this date. The City Secretary informed Council that even though the polls will close at 7:00 p.m. it takes a couple of hours to clear the polls and tally the votes, which will make it hard to be holding a Council meeting at the same time. The City Charter does authorize the Council to reschedule or cancel meetings with at least 72 hours of notice. Motion was made to approve the Consent Agenda, as follows: Agenda Item #5 -A, as amended; Approving Item #5 -B, #5 -C, #5 -D, #5 -E, #5 -F; Tabling Agenda Items #8 -A, and #8 -B, at the request of the applicant to the October 2, 2001, Regular City Council meeting; Agenda Item #10 -A, moving the Regular City Council meeting on November 6, to Monday, November 5, 2001, because of Election Day. Motion: Standerfer Second: Evans Ayes: Standerfer, Evans, Shankland, DuPre, Potter, Stephen, Stacy Nays: None Approved: 7 -0 vote Agenda Item #6, Public Forum Presentation for the Tarrant County Mental Health Connection, co- chairperson Vickie Tray, Tarrant County Health Association of Tarrant County. Ms. Tray stated The Mental Health Connection of Tarrant County is a collaborative initiative. They intend to develop and implement a comprehensive long -term plan for redesigning the mental health care system in Tarrant County to become accessible, unduplicated and seamless. In addition to this long -term goal, immediate issues facing mental health will be addressed to improve the functioning of the current system while the long -term plan is being developed and implemented. She stated their mission is, "Connecting mental health for Tarrant County" and their vision is, "No wrong doors to the right mental health resources." A copy of the information provided by Ms. Tray is hereby attached to the minutes of this meeting, along with an application for membership. Rick Wilhelm, attorney, 1300 Woodbrook Lane, Southlake. Mr. Wilhelm stated he is the legal liaison for the Local Option Election effort. He stated about 75 citizens are busy getting signatures on the petitions, which has a deadline of October 4. He stated there are 15,016 registered voters in Southlake in Tarrant County and 314 registered voters in Southlake located in Denton County. The formula is 35% per of the registered voters is needed on petitions in a thirty -day window. Therefore, 5,366 signatures are needed in order to have the November 6, Local Option Election in Southlake. Mr. Wilhelm stated there are two weeks to go with their campaign. Regular City Council Meeting Minutes of September 18, 2001 Page 7 of 22 Agenda Item #7 -1, ZA01 -076, Site Plan for Clariden School ZA01 -076, Site Plan for Clariden School, on property legally described as a portion of Tracts 1 and 1A, W. Mills Survey, Abstract No. 877, being 23.050 acres. Current zoning is "S -P -2" Generalized Site Plan District with "CS" Community Service District uses limited to a private school. Senior Planner Dennis Killough presented this item noting on September 6, 2001, the Planning and Zoning Commission approved (6 -0) subject to the Site Plan Review Summary No. 4, dated August 3, 2001, allowing the requested variances. He noted the following variances need council action: o Ordinance No. 480, Section 35.6b1 requires 278 parking spaces for this site. Ordinance No.480, Section 43.9b allows City Council to grant a reduction of no more than 10% due to the residential adjacency. The applicant has provided 260 spaces. o Ordinance No. 480, Section 43.9.c.1.c. requires all facades within 400' of a property zoned or designated residential to meet horizontal and vertical articulation requirements. The rear wall of the Arts building does not meet the horizontal or vertical articulation requirements. The sidewalls of the administration building does not meet the vertical articulation requirements. Phil Oman, 1370 Bent Creek Drive, Southlake. Mr. Oman was present to answer questions of the City Council. PUBLIC HEARING: The following people were present and indicated they were in support of this item but did not wish to speak. Roger Cartright, 12 Lake Forest Drive, Trophy Club. Debra Graves, 808 Elmbrook Court, Southlake. Marietta Richard, 201 Rochelle, Southlake. Karen Holt, 1616 Pecos Drive, Southlake. Michelle and Jim Miller, 420 Brooks Court, Southlake. Phil and Mary Kay Oman, 1370 Bent Creek Drive, Southlake. Scott D. Widell, 808 Elmbrook Court, Southlake. Valerie Romain, 1415 Shady Lane, Bedford. Matt Pieper, 304 Bandera Court, Southlake. Faye Williams, 201 Rochelle Court, Colleyville Jackie Reeves, 997 Pheasant Ridge, Keller. Michelle Hobbs, 1649 Royal Oaks Court, Southlake. Cliff Hobbs, 1649 Royal Oaks Court, Southlake. Natasha Hance, 900 East Southlake Boulevard, Southlake. Regular City Council Meeting Minutes of September 18, 2001 Page 8 of 22 Marian Cartwright, 12 Lake Forest Drive, Trophy Club. Denise Croj - Toure, 705 Briar Ridge Road, Southlake. Uana Oram, 1325 White Chapel Boulevard, Southlake. Johnny Campbell, 1004 Dominion, Southlake. Scott Oram, 1325 North White Chapel Boulevard, Southlake. Charlene Bacus, 3300 Mill Ridge, Southlake. Melanie Marshall, 2300 Timberline, #262, Grapevine Steve and Allison Vande Kieft, 2113 Willowood Drive, Grapevine. Ann Shanahan, 813 Kelberg Court, Southlake. Public Hearing closed. Motion was made to approve ZA01 -076, Site Plan for Clariden School, subject to the Site Plan Review Summary #4, dated August 31, 2001 and granting the variances as requested. Motion: Standerfer Second: Evans Ayes: Standerfer, Evans, Shankland, DuPre, Potter, Stephen, Stacy Nays: None Approved: 7 -0 vote Agenda Item #7 -A, Ordinance No. 810, 2 Reading, Annual Budget for FY 2001 -02 and approving the revised budget figures for FY 2000 -01 including approval of multi -year CIP The City Manager Billy Campbell commented that this budget formally sets the budget for FY 2001 -02 and amends the budget for FY 2000 -01 and amends the budget for FY 2000 -01. Also incorporated is the Technical Committee's proposed CIP request booklet, which the City Council received from staff on September 7, 2001. He indicated that the budget reflects no tax increase and sets a reserve amount. He stated a work session would be held in the near future to address "fees." Campbell indicated that staff would come back to Council in December to readjust the reserve amount and the multi -year CIP in the Budget. Director of Finance, Sharen Elam, was present to answer questions of Council regarding the budget. Councilmember Patsy DuPre stated regarding the tennis center that she encourages staff to expedite looking at tennis pro. The City Manager asked Council for direction on the tennis center. Council encouraged the City Manager to go forward. PUBLIC HEARING: No comments were made as the result of the public hearing. Motion was made to approve Ordinance No. 810, 2 Reading, Annual Budget for FY 2001 -02 and approving the revised budget figures for FY 2000 -012, including approval of the multi -year CIP. Regular City Council Meeting Minutes of September 18, 2001 Page 9 of 22 Motion: DuPre Second: Stephen Ayes: DuPre, Stephen, Evans, Shankland, Standerfer, Potter, Stacy Nays: None Councilmember Rex Potter stated before the City issues debt he wants to go through the budget. Campbell agreed that the city would not issue debt until the budget work session is held. Approved: 7 -0 vote Director of Planning Bruce Payne reviewed the CIP Plan for Council and the audience. He explained the process that the CIP committee went through and that they met for 3 months. He stated the document is a collective understanding by the directors of the average of every project. Mayor Stacy commended staff and stated this is the best CIP document that he has seen. Agenda Item #7 -B, Ordinance No. 811, 2 Reading, Tax Levy Ordinance Director of Finance Sharen Elam stated Ordinance No. 811, formally sets the tax rate at $.422 per $100 of valuation for FY 2001 -02. After the second reading, the rate is given to Tarrant County who will apply the rate to the appraised values as of January 1, 2001, and generate tax statements. PUBLIC HEARING: No comments were made during the public hearing. Motion was made to approve Ordinance No. 811, 2 Reading. Motion: DuPre Second: Standerfer Ayes: DuPre, Standerfer, Potter, Stephen, Evans, Shankland, Stacy Nays: None Approved: 7 - 0 vote Agenda Item #7 -C, Ordinance No. 292 -B, Establishing Times and Places for the Meetings of the Planning and Zoning Commission Ordinance No. 292 -B, establishes that the Planning and Zoning Commission shall meet on the Thursday following the first and third Tuesday, provided that the Thursday does not fall on a city holiday. The ordinance states that four members of the Planning and Zoning Commission shall constitute a quorum for the transaction of business. Ordinance No. 292 -A, indicates that the Planning and Zoning Commission would meet at 667 North Carroll Avenue, therefore, making it necessary to change this ordinance. PUBLIC HEARING: No comments were made as the result of the public hearing. Regular City Council Meeting Minutes of September 18, 2001 Page 10 of 22 Motion was made to approve Ordinance No. 292 -B, 2nd Reading as presented, establishing the time, date and place for the meetings of the Planning and Zoning Commission. Motion: Standerfer Second: Shankland Ayes: Standerfer, Shankland, Potter, Stephen, Evans, Stacy Nays: None Approved: 6 -0 vote (Councilmember DuPre was out of the room and did not vote). Agenda Item #7 -D, Ordinance No. 807, 2 " Reading, Abandoning a portion of the Public Right -of -Way for T.W. King Road within the Clariden Ranch Addition Senior Engineer Charlie Thomas presented Ordinance No. 807, 2nd Reading, Abandoning a portion of the Public Right -of -Way for T.W. King Road within the Clariden Ranch Addition. The final plat for Crown Ridge Addition, Phase IB, located at the southwest corner of Bob Jones Road and T.W. King Road was approved on June 8, 2000. The re- alignment of T.W. King from Bob Jones Road to approximately 478 feet south was included in the final plat. The new alignment for this section of T.W.King Road has been constructed and traffic has been diverted to the new roadway. All existing utilities located within the old section of T.W. King Road have been relocated to the new T.W. King Road right -of -way. It was understood at the time that the final plat was approved, depicting the new right -of -way; the old alignment of T.W. King right -of -way would be abandoned. The developer now is requesting that the City abandon the old right -of -way of T.W. King Road (approximately 23,182 square feet). PUBLIC HEARING: No comments were made during the public hearing. Motion was made to approve Ordinance No. 807, 2nd Reading as presented. Motion: Standerfer Second: Evans Ayes: Standerfer, Evans, Shankland, DuPre, Potter, Stephen, Stacy Nays: None Approved: 7 - 0 vote Agenda Item #7 -E, Ordinance No. 809, 2 " Reading, Amending Ordinance No. 717 and 717 -B, and Chapter 18, Article III, Section 18.79 of the Southlake City Code; designating the speed limit within Princeton Park Addition as 25 mph. Senior Engineer Charlie Thomas presented Ordinance No. 809 for second reading, amending Ordinance No.717 and 717 -B, and Chapter 18, Article III, Section 18 -79 of the Southlake City Code; designating the speed limit within Princeton Park Addition as 25 mph. Staff has been working with the Homeowners Association to investigate and reduce speeding concerns in the Princeton Park Addition. The Public Works Department has received a petition of request from Princeton Park property owners for the City Council to consider reducing the speed limit in Princeton Park Addition to 25 mph. The petition includes 71% of the property owners in Princeton Park. Similar speed limit Regular City Council Meeting Minutes of September 18, 2001 Page 11 of 22 reductions have been done in several subdivisions through out the city. The cost of the signs will be in the range of $400 to $600, depending upon the number needed. Money is available in the current budget. PUBLIC HEARING: No comments were made during the public hearing. Motion was made to approve Ordinance No. 809, 2 °d Reading, as presented. Motion: DuPre Second: Evans Ayes: DuPre, Evans, Shankland, Standerfer, Potter, Stephen, Stacy Nays: None Approved: 7 -0 vote Agenda Item #7 -F, Ordinance No. 480 -376, 2 " Reading, Rezoning and Concept Plan Ordinance No. 480 -376, 2' Reading (ZA01 -083), Rezoning and Concept Plan on property legally described ass Lot 5R7, Block 3, Cimarron Acres, and being 2.176 acres. Current zoning is "C -2" Local Retail Commercial District with a requested zoning of "O- 1" Office District. Senior Planner Dennis Killough noted that this property is located on the north side of West Southlake Boulevard, east of Pearson Lane and west of West Jellico Circle. This is City -owned property and is being brought forth for the purpose of down zoning the property from "C -2" Local Retail Commercial District to "0-1" Office District. Mr. Killough commented that no changes have been made since the first reading of the ordinance was presented on September 4, 2001. He commented that the Planning and Zoning Commission approved this zoning on August 23, 2001 (6 -0) subject to the Concept Plan Review Summary No. 1, dated July 13, 2001. PUBLIC HEARING: No comments were made during the public hearing. Motion was made to approve Ordinance No. 480 -376, 2' Reading, subject to the Concept Plan Review Summary No. 2, dated August 31, 2001; granting the variance requested for driveway stacking depth. Motion: Standerfer Second: Evans Ayes: Standerfer, Evans, Shankland, DuPre, Potter, Stephen, Stacy Nays: None Approved: 7 -0 vote Mayor Rick Stacy stepped down for Items #7 -G and 7 -H noting conflict of interest. He filed the affidavit of conflict with the City Secretary 8:25 p.m. Mayor Pro Tem W. Ralph Evans served as Chairman for Items #7 -G, and #7 -H Regular City Council Meeting Minutes of September 18, 2001 Page 12 of 22 Agenda Item #7 -G, Ordinance No. 480 -372, 2 " Reading Rezoning and Site Plan Ordinance No. 480 -372, 2nd Reading (ZA01 -072), Rezoning and Site Plan for QuikTrip, on property legally described as portions of Lots 1 & 2, Block B, Commerce Business Park, being 3.029 acres. Current zoning is "I -1" Industrial District and "S -P -1" Detailed Site Plan District with a requested zoning to "S -P -1" Detailed Site Plan District with "C- 2" Local Retail Commercial District uses to include Gas Station with Convenience Store. Senior Planner Dennis Killough stated this property is located at the southwest corner of Southlake Boulevard and Commerce Street /Gateway Drive. A zoning change is proposed to S -P -1 with C -2 uses, to include a gas station and convenience store having approximately 4,900 square feet and 12 gas pump islands. He stated the applicant is requesting variances to the following: • Horizontal articulation on a portion of the north building facade required by Ordinance No. 480, Section 43.9d, under the provisions of Ordinance No. 480, Section 43.9b; • Pitched Roof on the convenience store building, required by Ordinance No. 480, Section 43.9c1b, under the provisions of Ordinance No. 480, Section 43.9b; • Pitched Roof on the pump canopy, required by SUP Gas Station Regulations, Ordinance No. 480, Section 45.10. A mansard type roof system is proposed as a regulation under the provisions of Ordinance No. 480, Section 31, "S -P -1" Detailed Site Plan District. The Planning and Zoning Commission recommended approval (6 -1) on July 19, 2001, allowing the variances as requested. Commissioner Muller dissented noting a concern for traffic. The City Council approved (4 -2) the 1 Reading on September 4, subject to the Site Plan Review Summary No. 1, dated July 13, 2001, allowing requested variances: providing Austin stone on the canopy columns; meeting or exceeding the landscaping shown on the landscape plan and on the renderings unless there is a conflict with city ordinances or construction identified by the city's landscape administrator. Councilmember Rex Potter asked why doesn't this request go for an SUP? Director of Planning Bruce Payne responded to Mr. Potter's question. Brenda McDonald, 800 Parker Square, Suite 275, Flower Mound, Texas. Ms. McDonald stated she is the applicant representing QuikTrip. She stated they are requesting "S -P -1" zoning as they are ensuring there is only one use for this site. If they requested SUP zoning, there could be more than one use for this site. She indicated they are requesting three variances, which comply with the spirit and intent of the ordinance. Since the last City Council meeting, they were asked to add additional crepe myrtles and with this they will exceed the landscape requirements. They have modified the color of Regular City Council Meeting Minutes of September 18, 2001 Page 13 of 22 the brick to a lighter brick color. The monument sign was changed to Austin stone. McDonald explained the roof variances that they requested: o Allow them to place the mechanical equipment on the roof rather than behind the building. o A variance from the pitched roof on the canopy, which will educe the height of the canopy by five foot. o They cannot comply without the variances, as it allows employees to have visibility to the pump station. Ms. McDonald summed up the initial issue: traffic impact. Senior Planner Dennis Killough explained the traffic impact in terms of the ITE (trip generation manual). The new trip comparisons were reviewed. PUBLIC HEARING: The following citizens completed a public comment form but did not wish to speak: Robert Swacker, 605 Stonebury, Southlake. Opposed. Rosanne Swacker, 605 Stonebury, Southlake. Opposed. Mary Lloyd Jamison, 619 Regency Crossing, Southlake. Opposed. Ann Creighton, 705 Lakehurst Court, Southlake. Opposed. Marilyn Hye, 2525 East Southlake Boulevard, Southlake. Opposed. Laurie Starks, 307 Timber Lake Way, Southlake. Opposed. Mary Fidler, 912 Turnberry Lane, Southlake. Opposed. Mahvash Armand, 514 Stonebury Drive, Southlake. Opposed. Sharon Johnson, 1265 Stanhope Court, Southlake. Opposed. Michael Best, 606 Logans Lane, Southlake. Opposed. Chris Ensenberger, 1505 North Carroll Avenue, Southlake. Opposed. Mini Best, 606 Logans Lane, Southlake. Opposed. Terri Milling, 210 Silverwood Circle, Southlake. Opposed. Jim Treliving, 607 Logans Lane, Southlake. Opposed. Sandi Beauchamp, 607 Logans Lane, Southlake. Opposed. Larry Jamison, 619 Regency Crossing, Southlake. Opposed. Matt Pieper, 304 Bandera Court, Southlake. Opposed. John and Karen Cienki, 803 Shadow Glen Drive, Southlake. Opposed. Penny Pannell, 1429 Kensington Court, Southlake. Opposed. John Nattrass, 1303 Avon Terrace, Southlake. Opposed. Alix Novack, 1303 Avon Terrace, Southlake. Opposed. Caroline Connan, 612 Regency Crossing, Southlake. Opposed. Sherrie Perkins, 1405 Dartmouth Drive, Southlake. Opposed. G Neil Perkins, 1405 Dartmouth Drive, Southlake. Opposed. Woodland Heights Homeowners Association, 223 Eastwood Drive, Southlake. Opposed. Dennis and Pattie Minder, 223 Eastwood Drive, Southlake. Opposed. Margaret Olian, 1311 Stone Lakes, Southlake. Opposed. Regular City Council Meeting Minutes of September 18, 2001 Page 14 of 22 Richard Milling, 210 Silverwood Circle, Southlake. Opposed. Virginia Elder. Opposed. Lisa Rawls, 165 East Dove Road, Southlake. Opposed. Joey Milner, 311 Blanco Circle, Southlake. In favor. Richard Borkowski, 1201 Cypress Creek Circle, Southlake. Mr. Borkowski indicated he is opposed because of the increased lighting, pollution, and traffic. Mary Laura Jamison. Opposed. Elaine Cox, 1216 Quail Run Road, Southlake. She stated people want a small town atmosphere. She does not believe we need this QuikTrip at the entrance to our city. Leroy Whitaker, 1200 Lansdown Court, Southlake. Mr. Whitaker stated he is opposed to this location and cited traffic as the issue. He also commented on this use at the entrance to the city. Donald F. Coonan, 612 Regency Crossing, Southlake. Mr. Coonan stated, "We don't want to see a gas station when we enter into the City," and stated traffic is a major concern. Betsy Horowitz, 600 Regency Crossing, Southlake. Ms. Horowitz stated that everyone has taken the time to be present for the meeting tonight. She asked why does the City abort their zoning plans? She stated, "We need to do the right thing." Tom Morris, 403 St. Charles Street, Southlake. Mr. Morris stated he is opposed to this use at the entrance to the city. A gas station does not fit Southlake. He stated, "Is this the best project for Southlake citizens or is it the best deal for somebody else ?" Jamie Cadiz, 707 Chancer Court, Southlake. Ms. Cadiz stated she attended two SPIN meetings. She stated concerns and suggested this use be moved to SH 114. She expressed concerns that Commerce does not go through. She is concerned about safety at the intersection of Commerce and Southlake Boulevard. Also, that this discount gas station will put our other gas stations out of business. Jere Francis, 1211 Ashmoore Court, Southlake. Mr. Francis read from a letter he sent to the City Council. He stated from an outside observer, it appears that decisions are being made for special interests. He stated he is opposed to this use at this location. Zoe Stefansson, 912 Raven Court, Southlake. Ms. Stefansson asked what possible benefit is this QuikTrip to Southlake. This is not a gas station, it is a truck stop. She referenced the congestion and bottleneck that now exists on Southlake Boulevard in that location. It is a matter of too many cars in one place. Ben Goodwin, for Neighborhood Southlake. Mr. Goodwin stated they are for smart, quality growth. They are for sound development and not just those businesses that bring Regular City Council Meeting Minutes of September 18, 2001 Page 15 of 22 in the most taxes. He expressed concerns that this use would devalue the property around it. They urge the City Council to turn down QuikTrip. Laura Hill, 1601 Kings Court, Southlake. Ms. Hill stated she owns property in Georgetown Office Park on Southlake Boulevard. She feels this is the worse place in Southlake to have a "mega station." She stated there is not a single gas station on S.H. 114 between Trophy Club and S.H. 114. She urged Council to not try to put a "mega gas station" on an already choked intersection. Diane Smith, 1500 Oak Lane, Southlake. Ms. Smith stated she is opposed to QuikTrip as it is an existing traffic hazard. Bobby Rawls, 165 East Dove Road, Southlake. Mr. Rawls stated this would be the only gas station on F.M. 1709 with a right -in, right -out and this is his reason for being in favor of this use at this location. He noted this issue passed in the Planning and Zoning Commission and had no opposition. He asked the City Council to do the right thing. Teri Castro. Ms. Castro commented on the crime that the QuikTrip would bring to Southlake. Chris Smith, 1500 Oak Lane, Southlake. Mr. Smith made several comments regarding this agenda item. He stated he is opposed to this use in this location. Mr. Smith made other comments regarding notification on zoning cases and Southlake's interpretation of the zoning ordinance and State law. City Attorney E. Allen Taylor, Jr., asked the City Council to disregard any comments made by Mr. Smith because they are a complete mis- statement of the law. Mark Greenberg, 1490 Bent Creek Drive, Southlake. Mr. Greenberg stated he respects the opinions of all other speakers tonight. He commented that the QuikTrip people have done an excellent job bringing forth their plans. He stated regarding traffic issues, that there is going to be traffic with one use or another. He stated he feels the people here tonight do not represent the majority of the people of Southlake. Emily Williams, 1409 Mayfair Place, Southlake. Ms. Williams stated she is here tonight in support of the QuikTrip being on the east side of town. She stated she has lived here for eighteen years and there are no gas stations on this side of town. She stated she feels this would be a benefit to the City. She stated she believes this item passed at the Planning and Zoning Commission level because they have met the spirit of the ordinance. Erik Edson, 1309 Burgundy Court, Southlake. Mr. Edson stated he loved living in Southlake. He stated he drives a car, and it needs gas! He stated he feels the Council has done a wonderful job in planning the layout of the City. He stated he is in favor of this use at this location. Regular City Council Meeting Minutes of September 18, 2001 Page 16 of 22 Lyn Flarity, 170 Creekwood Bend, Southlake. She stated she feels QuikTrip does not represent Southlake, and what it is. The trees surrounding the location will be bare five months out of the year and the building will be very visible. Ed Roach, 1319 Westmont Court, Southlake. Mr. Roach stated Council needs to look at the business of the City tonight. He stated we are all listening to the facts and listening to the citizens tonight. He asks the City Council to think about the facts before they vote. He thinks this case needs more time to analysis the facts before a vote is taken. Roxanne Taylor, 635 Shannon Court, Southlake. Ms. Taylor stated she compliments the City Council. She is a realtor and represents sales in Southlake. She is not against development, but does not feel this will compliment the integrity of Southlake. Bill Vaugh, 401 Marshall Road, Southlake. Mr. Vaugh stated what he wants is good commercial development in Southlake. There is not a race to develop Southlake. There is not anything wrong with having an elite ness attitude in our development of Southlake. The intentions of those who oppose this are honorable. He asked the City Council to take note of those present tonight. Bob Walker, 414 Cheaklse, Southlake. Mr. Walker stated he hopes the City Council will consider this case on its own merits and what they have heard here tonight. He feels there are real sincere traffic concerns. People are proud of their city. People come here with vision that Southlake will be better. He asked, "Do we need another gas station ?" Jan Francis, 1211 Ashmoore Court, Southlake. Ms. Francis stated she is offended by the traffic numbers presented here tonight by the applicant. She commented that nothing would do more traffic than a gas station. Lets keep F.M. 1709 as a boulevard. Carolyn Morris, 403 St. Charles Court, Southlake. Ms. Morris stated when she spoke the last time she was told only two people were against this use at this location. She talked with people for the past two weeks, they did not even know this items was being reconsidered. She wanted to be sure Council has heard from more than two citizens tonight. She stated she is speaking only for herself and is opposed to this request. Terry Walter, 907 Walter Way, Southlake. Mr. Walter stated what he has heard here tonight, is, is this what we want to do in this area. He is opposed to this use at this location. Jerry Gibson, 1312 Kingswood Court, Southlake. Mr. Gibson stated he is hopeful that putting in this station would not leave Southlake having something like Colleyville has had to do to hide an eyesore. He is opposed to this request. Brenda McDonald, Applicant. Ms. McDonald commented on traffic once again. She asked, does this applicant represent a good balance of changed zoning? She stated they have made revisions from the first reading of this ordinance. [She listed the changes they have made]. Ms. McDonald stated QuikTrip does not squeeze onto sites that are too Regular City Council Meeting Minutes of September 18, 2001 Page 17 of 22 small. She noted they are not adding curb cuts on F.M. 1709, and there is no redundancy of the use. It is complimentary of the other industrial uses. There are no residential uses near this site. She stated this is not a truck -site, and they do not sell diesel fuel. Truck stops would be on a much larger site. She stated the hours of operation are 24 -hours per day. Councilmember Greg Standerfer commented that there have been a lot of reasonable comments made here tonight. Some of the comments offended him. He stated he would vote to approve this request because it meets the spirit of the ordinance, and the applicant is willing to work with the concerns of Council and have made many concessions. Councilmember Keith Shankland stated he is opposed to this request and will vote against it because the merits are not for it. Anytime you have 141 signatures opposing something gives him cause to take another look at the issues. He stated he admires QuikTrip for the way they think and support their employees. He stated lighting, safety, and traffic are issues that concern him. Councilmember Rex Potter stated he is opposed to this request. He stated he feels this is the wrong place for this type use. He will not change him views and has not changed his views since 1996. He believes in fighting battles on the issues and not on personal issues. Councilmember Patsy DuPre commented that she has listened to the comments made here tonight, and has listened to the people in Southlake and she feels this is a good location and intends to vote yes for this request, some of here reasons include: location is at a four -way lighted intersection; industrial part of town; use does not impact residences; and it has 50% impervious coverage. Councilmember Tom Stephen stated he would vote for the issues here. He stated he feels the city needs to have flexibility. Following Councilmember's comments, a motion was made to approve ZA01 -072, subject to the Site Plan Review Summary #1, dated July 13, 2001; granting the variances requested, and noting that the vertical and horizontal articulation looks better; the pitched roof construction looks better; and based on the applicant's willingness to exceed the landscaping requirements. Motion: Standerfer Second: DuPre Ayes: Standerfer, DuPre, Stephen, Evans Nays: Shankland, Potter Approved: 4 -2 vote Council adjourned for recess at 11:45 p.m. Council returned to open session at 11:58 p.m. Regular City Council Meeting Minutes of September 18, 2001 Page 18 of 22 Agenda Item #7 -H, Resolution No. 01 -056 (ZA01 -073) SUP for Sale of Alcoholic Beverages for QuikTrip Resolution No. 01 -056 (ZA01 -073), Specific Use Permit for the sale of alcoholic beverages for off - premise consumption per Zoning Ordinance No. 480, Section 45.1(1) and Section 45.6, on property legally described as portions of Lots 1 & 2, Block, B, Commerce Business Park, being 3.029 acres. Current zoning is "I -1" Light Industrial District and "S -P -1" Detailed Site Plan District. Senior Planner Dennis Killough stated the Planning and Zoning Commission approved this item (7 -0) on July 19, 2001. Brenda McDonald, applicant. Ms. McDonald stated they are asking for the S.U.P. for as long as QuikTrip owns the property. She noted that they do not intent to sell wine, even if the Local Option Election is successful. PUBLIC HEARING: No comments were made during the public hearing. Motion was made to approve Resolution No. 01 -056 (ZA01 -073) S.U.P. for a term of thirty -five years to go with the term of the lease, unless the lease is terminated prior to that time. Motion: DuPre Second: Standerfer Ayes: DuPre, Standerfer, Stephen, Evans Nays: Potter, Shankland Approved: 4 -2 vote Councilmember Patsy DuPre left the meeting at 12:05 a.m. Mayor Rick Stacy returned to the Council table. Agenda Item #8 -C, Ordinance No. 480 -377, l Reading (ZA01 -077) Ordinance No. 480 -377, 1 Reading (ZA01 -077) Rezoning and Concept Plan for Pecan Acres on property legally described as being a portion of Lots 2A and 2B, and Lot 2C, Block 1, Dilg Place Addition, being 8.023 acres. Current zoning is "SF -1A" Single Family Residential District with a requested zoning of "0-1" Office District. Senior Planner Dennis Killough presented this case noting this property is located on the south side of East Southlake Boulevard, approximately 410' east of the proposed Byron Nelson Parkway. This property is located directly east of the Villages at Timarron, a retail commercial development. This plan proposes seven lots with seven office buildings totaling approximately 63,500 square feet. Variances are requested for driveway spacing, stacking, and street frontage. The interior lots are all proposed to front a common access easement rather than on a public or private street. The Planning and Zoning Commission recommended approval (5 -1) on September 6, 2001, allowing the requested variances. Regular City Council Meeting Minutes of September 18, 2001 Page 19 of 22 Commissioner Bret Boren dissented, stating that this was not appropriate adjacent to the school. John Drews, Drews Investments, applicant. Mr. Drews was present to answer questions for the City Council. Public comments include: Chi Reed, 715 Graymore Place, Southlake. Mr. Reed stated he is not against business zoning and not against "0-1" zoning but is concerned if Mr. Drews sells the property when so many other uses are possible under this zoning district. Mr. Reed is asking for "F -2" Landscaping and also expressed concerns with a two -story building in back of their homes. Randy Swayer, 717 Greymore Place, Southlake. Mr. Swayer stated he is a relocation specialist and stated that putting a business park behind an elementary school is a negative move. He would love to see more parks and soccer fields in Southlake and suggested this property would be good for more parkland. Curtis Woodard, 713 Greymore Place, Southlake. Mr. Woodard stated he is concerned with the looks of the backs of the buildings and that lighting is another major concern. He wants to see the west side buffer the same as the south side with a 20' buffer. Randy Sams, 711 Greymore Place, Southlake. Mr. Sams expressed concerns with traffic and understands the need for access to the side but stated we must be careful. Andy Lowe, 729 Greymore Place, Southlake. Mr. Lowe asked if with this zoning category, could the buildings face the school? Motion was made to approve ZA01 -077 first reading, subject to the Concept Plan Review Summary No. 3, dated August 3, 2001, allowing requested variances; providing a 20' bufferyard with evergreen plant material adjacent to school property; and accommodating an east -west access road in the design. Motion: Stephen Second: Standerfer Ayes: Stephen, Standerfer, Potter, Evans, Shankland, Stacy Nays: None Approved: 6 -0 vote Agenda Item #8 -D, Ordinance No. 480 -378, 1 Reading (ZA01 -089) Ordinance No. 480 -378, 1 Reading (ZA01 -089), Rezoning and Concept Plan for Pecan Acres on property legally described as being a portion of Lots 2A and 2B, Block 1, Dilg Place Subdivision, being 1.855 acres. Current Zoning is "SF -1A" Single Family Residential District with a requested zoning of "C -2" Local Retail Commercial District. Regular City Council Meeting Minutes of September 18, 2001 Page 20 of 22 Senior Planner Dennis Killough presented ZA01 -089, noting this site is associated with the 0-1 zoning and concept plan of case ZA01 -077. This is located in the northwest corner of the overall tract fronting Byron Nelson Parkway. A 10,000 square -foot restaurant building is proposed. The Planning and Zoning Commission approved (6 -0) on September 6, 2001, subject to the Concept Plan Review Summary No. 1, dated August 3, 2001, allowing the requested variances. Killough listed the requested variances as: • Stacking depth. The stacking depth required this site is 100 feet. • Spacing between drives on F.M. 1709. The minimum spacing is 250' between a right - in/right -out drive and any other drives on F.M. 1709. Motion was made to approve ZA01 -089, subject to the Concept Plan Review Summary No. 1, dated August 3, 2001; granting variances as shown. Motion: Standerfer Second: Evans Ayes: Standerfer, Evans, Shankland, Stephen, Stacy Nays: Potter Approved: 5 -1 vote Agenda Item #8 -E, Ordinance No. 480 -379, 1 Reading (ZA01 -091) Ordinance No. 480 -379, 1 Reading (ZA01 -091), Rezoning on property legally described as Tracts 3E2A2, 3E2A4, 3E3A, 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. This item was tabled to October 2, City Council meeting, due to the applicant not being present to answer questions of Council. Motion: Standerfer Second: Evans Ayes: Standerfer, Evans, Shankland, Stephen, Potter, Stacy Nays: None Approved: 6 -0 vote (to table) Agenda Item #12, Adjournment Mayor Rick Stacy adjourned the Regular City Council meeting of September 18, 2001, at 1:15 a.m. Mayor R ck Stacy Regular City Council Meeting Minutes of September 18, 2001 Page 21 of 22 ```, „%%%%.. i j,,,, ATTEST: :.= '%%%%%%%%% ,,•\ Spy T < • y / • \ / s 1/ i —P- i- E • .., m . Sandra L. LeGrand .. City Secretary /,I1111`.,,,•. °, Regular City Council Meeting Minutes of September 18, 2001 Page 22 of 22 CONFLICT OF INTEREST AFFIDAVIT THE STATE OF TEXAS § COUNTY OF 14 1, ' � 4 as a member of the ( , make this affidavit and hereby on oath stat the llowing: I have a substantial interest in a usiness entity or real property as defined in Chapter 171, Texas Local overnment 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: l & a',46G 7 COMPLETE (A) or (B): (A) The business entity is (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 i p day of . 4 / i/ y e iv 4101. Signa re • f Official The State of �42 § County of � (LV 4't § �: afore me A , itti� on this day personally appeared known to me (or proved to me on the oath of or through (description of identity card or other document) to be the person 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 a day ofAki , A.Dke / . �- Q (SEAL ,e " SANDRA L. LEGRAND f _ Notary Public ,{� State of Texas ; 4 OF tb MyAPpt. Exp. 02 -04.2005 o ��t. �' �!C<<�� - - - ' N tary Public in an for the State of Texas H:\ LIBRARY\ Municipal\ MERGE \Conf ictofinterestAffidavit. wpd