2002-01-07 Regular CC Meeting CITY OF SOUTHLAKE
REGULAR CITY COUNCIL MEETING: JANUARY 7, 2002
LOCATION: 1400 Main Street, Southlake, Texas
Council Chambers in Town Hall
WORK SESSION: 5:30 to 6:00 P.M.
1. Call to order.
2. Discussion of all items on tonight's meeting agenda. No action will be taken and each
item will be considered during the Regular Session.
REGULAR SESSION: 6:00 P.M. or Immediately Following the Work Session
1. Call to order.
2. A. Executive Session: Pursuant to the Open Meetings Act, Chapter 551, Texas
Government Code, Sections 551.071, 551.072, 551.073, 551.074, 551.076 and
551.086. Refer to posted list attached hereto and incorporated herein. Executive
Session may be held, under these exceptions, at the end of the Regular
Session or at any time during the meeting that a need arises for the City
Council to seek advice from the City Attorney as to the posted subject matter
of this City Council meeting.
1. Section 551.071 Consultation with City Attorney
a. Receive and consider legal advice regarding dispute with Aqua
Source, Inc., regarding utility service and CCN.
2. Section 551.072 Deliberation Regarding Real Property
a. Consider acquisition of Keller utility system located within the
City of Southlake.
3. Section 551.074 Deliberation Regarding Personnel Matters
a. Consider legal advice regarding City Council- appointed officials.
4. Section 551.086 Deliberation Regarding Economic Development
Negotiations
a. Economic incentives for existing businesses.
B. Reconvene: Action necessary on items discussed in Executive Session.
3. INVOCATION: Chaplain of the Month, Coy Quesenbury, Lonesome Dove
Baptist Church
4. REPORTS:
A. Mayor's Report
B. City Manager's Report
City of Southlake
Regular City Council Meeting Agenda
January 7, 2002
Page 2 of 4
C. SPIN Report
• Recognition of outgoing SPIN Representatives and 2001 SPIN Executive
Committee
D. Library Board Report
E. Committee Reports
CONSENT AGENDA
All items listed below are considered to be routine by the City Council and will be enacted with
one motion. There will be no 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. Consent:
A. Approval of the minutes of the City Council meeting held on December 18, 2001.
B. Resolution No. 02 -001, Appointing representatives to the SPIN Standing
Committee.
C. Ordinance No. 822, 1 Reading, An ordinance creating the legal presumption that
the registered owner of a vehicle is the operator for purposes of enforcement of
parking and other traffic related ordinances in the City. (Public Hearing set for
January 22, 2002)
D. Approval of Change Order No. 5 to CMPA, Inc., for the DPS West Facility, COS
Project No. 00 -3320.
E. Request for a variance to Sign Ordinance No. 704 -A for Snookies Bar and Grill
located at 2801 E. Southlake Boulevard, Suite 100.
F. Request for a variance to Sign Ordinance No. 704 -A for Red Lobster located at
3311 E. State Highway 114.
G. Ordinance No. 823, 1 s ` Reading, Abandoning a portion of the North Carroll
Avenue right -of -way. (Public Hearing set for January 22, 2002)
REGULAR AGENDA
6. Public Forum.
7. Ordinances, second readings, public hearings, and related items:
A. Ordinance No. 480 -385, 2" Reading (ZA01 -106) Rezoning and Site Plan for
GWWC Investments, being 0.619 acres located at 955 Davis Boulevard in the North
Davis Business Park. Current Zoning: "I -1" Light Industrial District. Requested
City of Southlake
Regular City Council Meeting Agenda
January 7, 2002
Page 3 of 4
Zoning: "S -P -1" Detailed Site Plan District with "I -1" Light Industrial District uses
to include automobile service and oil and lube shop. SPIN Neighborhood #16.
PUBLIC HEARING
B. Ordinance No. 813, 2nd Reading, Changing the street name of Nolan Drive to
South Nolen Drive from Grapevine city limit to Crooked Lane.
PUBLIC HEARING
8. Ordinances, first readings, and related items: (No items this agenda.)
9. Resolutions:
A. Resolution No. 02 -004, Accepting the minute order of the Texas Transportation
Commission regarding F.M. 1938.
10. Other items for consideration:
A. Officially naming City park currently known as "Sheltonwood" park.
B. Renewal of residential and commercial refuse collection and recyclable materials
collection contract with Trinity Waste Services.
11. Other items for discussion: (No items this agenda.)
12. Meeting Adjourned.
CERTIFICATE
I hereby certify that the above agenda was posted on the official bulletin boards at Town Hall,
1400 Main Street, Southlake, Texas, pu`iPriv ay January 4, 2002, at 5:00 p.m., pursuant to the
Texas Government Code, Chapter T
� `,
s
7)9 z.3 :
z t om:
Ki Bush •®
Y• ••
Acting City Secretary -•, •,� * *•• ��,�`
'''s�rnoresN��
If you plan to attend this public meeting and have a disability that requires special needs, please
advise the City Secretary 48 hours in advance at 817.481.1490, and reasonable accommodations
will be made to assist you.
City of Southlake
Regular City Council Meeting Agenda
January 7, 2002
Page 4 of 4
EXECUTIVE SESSION
SECTION 551.071 CONSULTATION WITH ATTORNEY
The City Council may conduct a private consultation with its attorney when the City Council
seeks the advise of its attorney concerning any item on this agenda, about pending and
contemplated litigation, or a settlement offer, or on a matter in which the duty of the attorney to
the City Council under the Texas Disciplinary Rules of Professional Conduct of the State Board
of Texas clearly conflicts with Chapter 551. This includes the following pending and /or
contemplated litigation subjects:
1. Hanson Aggregate Central, Inc., vs. City of Southlake. October 2000.
2. Marcus Taylor vs. City of Southlake and TRI DAL, LTD. March 2001.
3. City of Southlake vs. Timarron et.al. May 2001.
4. Oakmont Enterprises, Inc., vs. City of Southlake. September 2001.
SECTION 551.072 DELIBERATION REGARDING REAL PROPERTY
The City Council may conduct a closed meeting to deliberate the purchase, exchange, lease or
value of real property.
SECTION 551.073 DELIBERATION REGARDING PROSPECTIVE GIFT
The City Council may conduct a closed meeting to deliberate a negotiated contract for a
prospective gift or donation to the City.
SECTION 551.074 DELIBERATION REGARDING PERSONNEL MATTERS
The City Council may deliberate the appointment, employment, evaluation, reassignment, duties,
discipline, or dismissal of public officers, including the City Manager, City Secretary, City
Attorney, and city boards and commission members. A complete list of the city boards and
commissions is on file in the City Secretary's Office.
SECTION 551.076 DELIBERATION REGARDING SECURITY DEVICES
The City Council may deliberate the deployment, or specific occasions for implementation of
security personnel or devices.
SECTION 551.086 DELIBERATION REGARDING ECONOMIC DEVELOPMENT
NEGOTIATIONS
The City Council may discuss or deliberate regarding commercial or financial information
received from a business prospect that the city seeks to have locate, stay, or expand in or near the
city and which the City is conducting economic development negotiations; or to deliberate the
offer of a financial or other incentive to a business prospect as described above.
City of Southlake
CITY COUNCIL MEETING
January 7, 2002
MINUTES
CITY COUNCIL PRESENT: Mayor Rick Stacy, Mayor Pro Tem W. Ralph Evans, Deputy Mayor
Pro Tem Patsy DuPre; Councilmembers: Rex Potter, Keith Shankland, Greg Standerfer, and Tom
Stephen.
STAFF PRESENT: City Manager Billy Campbell, Assistant City Manager Shana Yelverton,
Assistant to the City Manager John Eaglen, Community Services Director Kevin Hugman, Human
Resources Director Harold Cates, Finance Director Sharen Elam, Planning Director Bruce Payne,
Senior Planner Dennis Killough, Senior Planner Ken Baker, Public Works Director Pedram Farahnak,
Senior Engineer Charlie Thomas, Assistant to the Public Works Director Valerie Bradley, Chief of
Building Services Malcolm Jackson, Police Chief Marlin Price, Public Information Officer James
Kunke, City Attorney E. Allen Taylor, and Acting City Secretary Kim Bush.
WORK SESSION: The work session was called to order by Mayor Rick Stacy at 5:35 p.m.
REGULAR SESSION:
Agenda Item No. 1, Call to order. The regular session was called to order by Mayor Rick Stacy at
5:50 p.m.
Agenda Item No. 2A, Executive Session: Mayor Rick Stacy announced that the City Council would be
going into Executive Session pursuant to the Texas Government Code, Section 551.071, consultation
with city attorney; Section 551.072, deliberation regarding real property; Section 551.074,
deliberation regarding personnel matters; Section 551.086, deliberation regarding economic
development negotiations. City Council adjourned for Executive Session at 5:50 p.m.
Agenda Item No. 2B, Reconvene: City Council reconvened at 7:02 p.m.
Motion was made to authorize the City Manager to negotiate with the City of Keller for the purchase
of a certain water system and related easement rights for water lines owned by the City of Keller and
located within the City limits of Southlake.
Motion: Standerfer
Second: DuPre
Ayes: DuPre, Evans, Potter, Shankland, Stacy, Standerfer, Stephen
Nays: none
Approved: 7 -0
There was no other action necessary as a result of the Executive Session.
Agenda Item No. 3, Invocation. Mayor Pro Tem Ralph Evans led the invocation.
City Council Meeting Minutes, January 7, 2002 Page 1 of 5
Agenda Item No. 4, Reports:
A. Mayor's Report: none
B. City Manager's Report: none
C. SPIN Report:
• Mr. Al Morin, SPIN Representative #10, announced that a SPIN Orientation would be
held on Tuesday, Jan. 8 and a SPIN retreat is being planned for Feb. 6 at Town Hall.
• Assistant to the City Manager John Eaglen presented recognition plaques for
outstanding services to the community to SPIN Executive Committee members Mike
Conrads, Bill Stone, and Kim O'Brien (Ms. O'Brien was not present.). Mr. Eaglen
informed the Council that both Mr. Stone and Ms. O'Brien would not be seeking
another term. Mr. Conrads thanked all SPIN members for their willingness to serve
and asked that the Council continue to utilize and support their SPIN representatives.
Mr. Stone thanked John Eaglen and all the staff for a great job.
D. Library Board Report: Library Board member Linda Study was present to inform the City
Council on the activities of the library - the number of cards issued (2,917) and books
checked out (9,787), youth services program attendance (2,000), volunteer hours, etc.
E. Committee Reports: none
Consent Agenda Items:
5A. Approval of the minutes of the City Council meeting held on December 18, 2001.
Amended by Councilmember Rex Potter to clarify his comments on 5C and 10C to read as
follows "...that he could not support the lighting variance since it does not incorporate changes
requested by the neighborhood at Bob Jones Park."
5B. Resolution No. 02 -001, Appointing representatives to the SPIN Standing Committee.
Recommendation to reappoint all members in the odd - numbered SPIN areas including the
appointment of Alan Hochstein to fill the vacancy in SPIN area #3.
5C. Ordinance No. 822, 1 Reading, An ordinance creating the legal presumption that the
registered owner of a vehicle is the operator for purposes of enforcement of parking and other
traffic related ordinances in the City. Public hearing set for January 22, 2002.
The 77 Legislature of the State of Texas amended Subchapter G, Chapter 545 of the
Transportation Code allowing a municipality to pass a local ordinance presuming the registered
owner is the person who stopped, stood, or parked a vehicle for purposes of enforcing parking
regulations in that city.
5D. Approval of Change Order No. 5 to CMPA. This item was removed from the agenda.
City Council Meeting Minutes, January 7, 2002 Page 2 of 5
5E. Request for a variance to Sign Ordinance No. 704 -A for Snookies Bar and Grill located at
2801 E. Southlake Boulevard, Suite 100.
Request is for a variance to allow for 36 -inch letters (for S & K only) versus the 30 -inch letters
allowed by ordinance. The variance also allows for an increase in the allowable sign area due
to the increase in the height of the letters. This will not be a neon sign and the words "bar
and grill" will not be a part of the sign.
5F. Request for a variance to Sign Ordinance No. 704 -A for Red Lobster located at 3311 E. SH
114.
Request is for a variance to allow for a 24 -inch logo versus the 18 -inch logo allowed by
ordinance, so that the logo and letters will be proportionate to one another.
5G. Ordinance No. 823, 1s Reading, Abandoning a portion of North Carroll Avenue right -of -way.
Recommendation to abandon and quitclaim (save and except for a utility easement for the
existing utilities) a 0.161 -acre portion of right -of -way on North Carroll Avenue no longer
needed by the city.
9A. Resolution No. 02 -004, Accepting the minute order of the Texas Transportation Commission
regarding FM 1938.
The Minute Order stipulates that TxDOT will construct a four lane divided highway
(expandable to six lanes) for the 3.6 mile length of the project; provided that Tarrant and
Denton Counties provide 100 percent of the right -of -way and eligible utility adjustments, and
that the NCTCOG place the project into its Priority 2 Category funding status for future
funding of roadway construction. The cities of Southlake, Keller, and Westlake are
responsible for the engineering costs related to the project.
10A. Officially naming City park currently known as "Sheltonwood" park.
Recommendation to name the park "Liberty Park at Sheltonwood" in order to maintain the
history of the area.
10B. Renewal of residential and commercial refuse collection and recyclable materials collection
contract with Trinity Waste Services.
Recommendation to renew the contract with Trinity Waste Services, which expires on April
30, 2002, for an additional 5 -year period.
Motion was made to approve 5A, 5B, 5C, 5E, 5F, 5G, 9A, 10A, and 10B as noted above, and
deleting item 5D.
Motion: DuPre
Second: Stephen
Ayes: DuPre, Evans, Potter, Shankland, Stacy, Standerfer, Stephen
Nays: none
Approved: 7 -0 (except for Councilmember Shankland abstaining on Item No. 5A)
City Council Meeting Minutes, January 7, 2002 Page 3 of 5
Agenda Item No. 6, Public Forum.
There were no comments from the audience during Public Forum.
Agenda Item No. 7A, Ordinance No. 480 -385, 2n Reading (ZA 01 -106) Rezoning and Site Plan for
GWWC Investments, being 0.619 acres located at 955 Davis Boulevard in the North Davis Business
Park. Current Zoning: "I -1" light Industrial District. Requested Zoning "S -P -1" Detailed Site Plan
District with "I -1" Light Industrial District uses to include automobile service and oil and lube shop.
SPIN Neighborhood #16.
Senior Planner Dennis Killough presented the request to City Council. Mr. Killough informed the
Council that the P &Z Commission recommended approval (5 -1) subject to the review summary;
specifically approving development regulations as proposed and specifically denying driveway
variance requests; recommending the granting of a variance for a joint use drive at the common
property line between this facility and Mirage Car Wash; abandoning the existing driveway and
waiving the required bufferyard on the southwest corner of the property where the joint use drive
would be. Staff recommends approval subject to the Site Plan Review Summary No. 3 dated Jan. 4,
2002 and the P &Z Commission's recommendation of Dec. 6, 2001. The applicant Mike Curtis with
GWWC Investments was present to answer questions.
There were no comments from the audience during the Public Hearing.
Motion was made to approve 2n Reading of Ordinance No. 480 -385, ZA 01 -106, Rezoning and Site
Plan for GWWC Investments subject to the Site Plan Review Summary No. 3 dated Jan. 4, 2002 and
subject to the Planning and Zoning Commission's recommendation.
Motion: Standerfer
Second: Evans
Ayes: DuPre, Evans, Shankland, Stacy, Standerfer, Stephen
Nays: Potter
Approved: 6 -1
Agenda Item No. 7B, Ordinance No. 813, 2 " Reading, Changing the street name of Nolan Drive to
South Nolen Drive from Grapevine city limit to Crooked Lane.
Senior Engineer Charlie Thomas presented the request to City Council. The street name change will
correct a spelling error that occurred with the filing of the plat for Cornerstone Business Park Phase 1.
The current tenants have always used Nolen as their address.
There were no comments from the audience during the Public Hearing.
Motion was made to approve 2nd Reading of Ordinance No. 813, changing the street name of Nolan
Drive to South Nolen Drive from Grapevine city limit to Crooked Lane.
Motion: DuPre
Second: Evans
Ayes: DuPre, Evans, Potter, Shankland, Stacy, Standerfer, Stephen
Nays: none
Approved: 7 -0
City Council Meeting Minutes, January 7, 2002 Page 4 of 5
Agenda Item No. 12. Adjournment.
There being no further business to discuss the meeting was adjourned at 7:30 p.m.
0-; - ___ 2;; ; ---r
ATTEST: Mayo Rick Stacy
` ,, 1 , It., 1111
` � .N . �`'�pUTHtk '
o f.•• ••...
c .i ,.4-- et t - c", < -1 : L .
Kim ush, Acting City Secretary " \ 1 ?Id
% •........• /
'''``' * * t'
�� rresat e����
City Council Meeting Minutes, January 7, 2002 Page 5 of 5