2002-02-12 Regular CC Meeting CITY OF SOUTHLAKE
REGULAR CITY COUNCIL MEETING: FEBRUARY 12, 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. Hanson Aggregate Central, Inc., vs. City of Southlake.
b. Oakmont Enterprises, Inc., vs. City of Southlake, and Sabre, Inc.
2. Section 551.086 Deliberation Regarding Economic Development
Negotiations
a. Economic incentives for businesses.
B. Reconvene: Action necessary on items discussed in Executive Session.
3. INVOCATION: Chaplain of the Month, David Whitington, Christ Our King
Church
4. REPORTS:
A. Mayor's Report
1. Youth of the Year Proclamation
B. City Manager's Report
C. SPlN Report
D. Library Board Report
E. Committee Reports
F. Local Business Report
City of Southlake
Regular City Council Meeting Agenda
February 12, 2002
Page 2 of 4
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 January 22, 2002.
B. Resolution No. 02 -007, Declaring the results of the February 2, 2002, Special
Election held to determine whether to continue the Southlake Crime Control and
Prevention District and sales tax for fifteen years.
C. Approve amendment to Crime Control and Prevention District FY2001 -02
Operating Budget to include funding for professional services agreement.
D. Resolution No. 02 -005, Calling the General Election for May 4, 2002.
E. Authorize the Mayor to approve a Scope of Service Agreement with the
Southlake Chamber of Commerce for 2001 -2002.
F. Award Professional Services Agreement to Freese and Nichols for design of
redundant (second water line) water supply from the City of Fort Worth.
G. Resolution No. 02 -009, Appointment to the Joint Utilization Committee to fill the
unexpired term of City Councilmember Patsy DuPre.
REGULAR AGENDA
6. Public Forum.
7. Ordinances, second readings, public hearings, and related items:
A. Ordinance No. 480 -386, 2nd Reading (ZA01 -121) Rezoning and Concept Plan for
proposed Lots 1 and 2, Block A, Cornerstone Plaza, located on the southeast corner
of East Southlake Boulevard (F.M. 1709) and South Nolen Drive. Current Zoning:
"S -P -2" Generalized Site Plan District Regulations with "C -3" General Commercial
District uses. Requested Zoning: "S -P -2" Generalized Site Plan District Regulations
with "C -3" General Commercial District uses. SPIN Neighborhood #7.
PUBLIC HEARING
B. ZA01 -122, Site Plan for proposed Lot 1, Block A, Cornerstone Plaza, located on the
southeast corner of East Southlake Boulevard (F.M. 1709) and South Nolen Drive.
City of Southlake
Regular City Council Meeting Agenda
February 12, 2002
Page 3 of 4
Current Zoning: "S -P -2" Generalized Site Plan District Regulations with "C -3"
General Commercial District uses. SPIN Neighborhood #7.
PUBLIC HEARING
8. Ordinances, first readings, and related items: (No items this agenda.)
9. Resolutions:
A. Resolution No. 02 -008, Requesting that the State of Texas Department of
Transportation (TxDOT) provide the dedication of funds to design, engineer, and
construct a direct connection (flyover) across S.H. 114 from the westbound S.H.
114 frontage road to F.M. 1709 to replace the Wall Street bridge that is proposed
to be permanently removed when the main lanes of S.H. 114 are reconstructed.
10. Other items for consideration:
A. Award of bid to Dallas Desk, Inc., for furniture for West DPS facility.
B. Request for a variance to Sign Ordinance No. 704 -A for Angelo & Vito's Pizzeria
located at 2120 E. Southlake Boulevard, Suite D.
11. Other items for discussion:
A. Parks Master Plan Project Update Report.
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, T t _pfi l •nslay, February 8, 2002, at 6:00 p.m., pursuant to the
Texas Government Code ChAir '35+, ........i ,,
t2.4 .
Ki Bush • ' .
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Acting City Secretary ��'•,,,, * � n��
* *......
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
February 12, 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, and Sabre, Inc. January 2002.
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
February 12, 2002 OFFICIAL RECORD
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, Deputy Community Services Director Steve Polasek,
Senior Parks Planner Chris Carpenter, Finance Director Sharen Elam, Planning Director Bruce
Payne, Planner Tara Brooks, 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, Senior Civil Engineer Michael Hutchison, Director of Public Safety Rick
Black, Chief of Building Services Malcolm Jackson, Police Chief Marlin Price, Director of Economic
Development Greg Last, Economic Development Specialist Betsy Boyett, City Attorney Debra
Drayovitch, and Acting City Secretary Kim Bush.
WORK SESSION: The work session was called to order by Mayor Rick Stacy at 5:36 p.m.
REGULAR SESSION:
Agenda Item No. 1, Call to order. The regular session was called to order by Mayor Rick Stacy at
6:18 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 6:18 p.m.
Agenda Item No. 2B, Reconvene: City Council reconvened at 6:54 p.m. There was no action
necessary as a result of the Executive Session.
Agenda Item No. 3, Invocation. The invocation was presented by David Whitington, Christ Our King
Church.
Agenda Item No. 4, Reports:
A. Mayor's Report:
• Mayor Stacy informed Council and the audience about upcoming meetings including
SPIN citywide meeting, February 20, to discuss the Remington assisted living facility
and SPIN citywide meeting, February 13, to discuss the Master Thoroughfare Plan.
The Mayor also announced that staff and volunteers from the Grapevine - Southlake
Soccer association worked at Bob Jones Park on landscaping improvements and
City Council Meeting Minutes, February 12, 2002 Page 1 of 5
volunteers from the Southlake Baseball Association worked on making repairs at
Bicentennial Park.
• Ashley - Rachelle Head, SYAC Representative, announced the finalist for the Southlake
Youth of the Year award, which included: Stephanie Bula, Heather Cheung, Laura
Halley, Katie Lawrence, Lauren Mish, Laura Stanford, Mary Ellen Vales and Ashley
Young. Mayor Stacy presented a proclamation on behalf of the City Council to the
selected Youth of the Year Laura Stanford. Councilmember Keith Shankland, who
served as one of the Judges, praised the finalists on their outstanding achievements.
B. City Manager's Report: none
C. SPIN Report: Martin Schelling, SPIN #2 Representative, updated the City Council on
recent developments in his neighborhood including: Kirkwood Hollow Phase 3, Wingate
Hills, and Verizon. He also expressed his appreciation for the urban enhancements made
at SH114 and Dove Road.
D. Library Board Report: Marge Zielke informed the City Council that as of January 31,
13,500 materials have been checked out, 3,000 library cards have been issued, and
numerous other projects were well underway.
E. Committee Reports: none
F. Local Business Report: none
CONSENT AGENDA:
5A. Approval of the minutes of the City Council meeting held on January 22, 2002. Approved as
presented.
5B. Resolution No. 02 -007, Declaring the results of the February 2, 2002, Special Election held to
determine whether to continue the Southlake Crime Control and Prevention District and sales
tax for fifteen years. At the February 2, 2002 election, voters approved the continuation of the
Southlake Crime Control and Prevention District and sales tax for fifteen years by a vote of
473 in favor to 105 against.
5C. Approve amendment to Crime Control and Prevention District FY2001 -02 Operating Budget to
include funding for professional services agreement. Staff recommended approving the
amendment to the CCPD operating budget in the amount of $19,500 for a consultant to
research and prepare a strategic plan for radio communications.
5D. Resolution No. 02 -005, Calling the General Election for May 4, 2002. The resolution calls for
the General Election to be held on Saturday, May 4, 2002. Council recommended that staff
look into having a joint election with CISD.
5E. Authorize the Mayor to approve a Scope of Service Agreement with the Southlake Chamber of
Commerce for 2001 -2002. Staff recommended approval of the agreement in the amount of
$15,000 per year.
City Council Meeting Minutes, February 12, 2002 Page 2 of 5
5F. Award Professional Services Agreement to Freese and Nichols for design of redundant (second
water line) water supply from the City of Fort Worth. Staff recommend approval of the
agreement for the design of a redundant water supply from the City of Fort Worth in the
amount of $425,000.
5G. Resolution No. 02 -009, Appointment to the Joint Utilization Committee to fill the unexpired
term of City Councilmember Patsy DuPre. Council agreed to appoint Councilmember Tom
Stephen to fill the unexpired term of Patsy DuPre.
10A. Award of bid to Dallas Desk, Inc., for furniture for West DPS facility. Staff recommended
award of bid to Dallas Desk, Inc., in the amount of $31,801.07.
10B. Request for a variance to Sign Ordinance No. 704 -A for Angelo & Vito's Pizzeria located at
2120 E. Southlake Boulevard, Suite D. The applicants Mitch Rosenberg and Fred French are
requesting a variance to allow a 23.5 square foot total sign area which is 4 square feet more
than allowed by ordinance.
Motion was made to approve consent agenda items 5A, 5B, 5C, 5D, 5E, 5F, 5G, adding items 10A
and 10B as presented above.
Motion: DuPre
Second: Standerfer
Ayes: DuPre, Evans, Potter, Shankland, Stacy, Standerfer, Stephen
Nays: none
Approved: 7 -0
Agenda Item No. 6A. Public Forum.
Ken Horne 1215 Ashmore Ct., requested that City Council consider naming the Town Hall executive
conference room after former city secretary Sandra LeGrand.
There were no other comments during the Public Forum.
Agenda Item No. 7A. Ordinance No. 480 -386, 2n Reading (ZA01 -121) Rezoning and Concept Plan for
proposed Lots 1 and 2, Block A, Cornerstone Plaza, located on the southeast corner of East Southlake
Boulevard (F.M. 1709) and South Nolen Drive. Current Zoning: " S -P -2" Generalized Site Plan District
Regulations with " C -3" General Commercial District uses. Requested Zoning: " S -P -2" Generalized
Site Plan District Regulations with " C -3" General Commercial District uses. SPIN Neighborhood #7.
PUBLIC HEARING. Senior Planner Dennis Killough presented Ordinance No. 480 -386. He stated
that the P &Z Commission recommended approval at its January 3, 2002 meeting subject to the
Concept Plan Review No. 3, dated December 28, 2001, specifically granting driveway variances for
stacking and spacing and approving permitted use and development regulations as proposed except for
articulation relief on the south side of buildings A and Al. City Council recommended approval on 1St
reading at its meeting on January 22, 2002 subject to the P &Z Commission's recommendation.
There have been no changes since 1S reading. Project Manager Jorge Ramirez, 15601 Dallas Pkwy.
#400, Addison, Texas, was present to answer questions from the Council.
There were no comments from the audience during the Public Hearing.
City Council Meeting Minutes, February 12, 2002 Page 3 of 5
Motion was made to approve second reading of Ordinance No. 480 -386, ZA 01 -121, as approved on
first reading January 22, 2002.
Motion: Standerfer
Second: DuPre
Ayes: DuPre, Evans, Potter, Shankland, Stacy, Standerfer, Stephen
Nays: none
Approved: 7 -0
Agenda Item No. 7B. ZA01 -122, Site Plan for proposed Lot 1, Block A, Cornerstone Plaza, located on
the southeast corner of East Southlake Boulevard (F.M. 1709) and South Nolen Drive. Current Zoning:
" S -P -2" Generalized Site Plan District Regulations with " C -3" General Commercial District uses.
SPIN Neighborhood #7. PUBLIC HEARING. Senior Planner Dennis Killough presented ZA 01 -122
Site Plan for Lot 1, Block A, Cornerstone Plaza. The P &Z Commission recommended approval at its
meeting on January 3, 2002 subject to Site Plan Review Summary No. 3, dated December 28, 2001,
allowing the variance for horizontal articulation on the north elevation of buildings A and A 1,
granting a variance for horizontal articulation of the east elevation of building A with a color change
or other schematic change being made to the facade and allowing a variance to the horizontal
articulation of the east portion of the south elevation of building A starting at the west service bay.
Accepting applicant's commitment to soften the west side of building B and increase the landscaping
or berming on the west side of building B. Mr. Killough stated that it appears the applicant has
complied with the recommendations of the P &Z Commission. Staff recommends approval subject to
the Site Plan Review No. 5, dated February 8, 2002. Project Manager Jorge Ramirez, 15601 Dallas
Pkwy. #400, Addison, Texas, was present to answer questions from the Council.
There were no comments from the audience during the Public Hearing.
Motion was made to approve ZA01 -122, subject to Site Plan Review No. 5, dated February 8, 2002.
Motion: Standerfer
Second: Potter
Ayes: DuPre, Evans, Potter, Shankland, Stacy, Standerfer, Stephen
Nays: none
Approved: 7 -0
Agenda Item No. 8A. (There were no items for consideration on this agenda.)
Agenda Item No. 9A Resolution No. 02 -008, Requesting that the State of Texas Department of
Transportation (TxDOT) provide the dedication of funds to design, engineer, and construct a direct
connection (flyover) across S.H. 114 from the westbound S.H. 114 frontage road to F.M. 1709 to
replace the Wall Street bridge that is proposed to be permanently removed when the main lanes of
S.H. 114 are reconstructed. As discussed during the work session, staff recommended that no action
be taken at this time, but asked instead for input from the Council. Director of Planning Bruce Payne
explained to City Council that Lee Engineering was contracted to review and provide alternatives to
TxDOT's current design plan at S.H 114 and the Wall Street bridge. Lee Engineering provided three
alternatives including: Alternative #1 - a one -way west bound bridge; Alternative #2 - a direct
connection - flyover; and Alternative #3 - a one way (westbound) bridge with Park Boulevard Bridge
(two bridges). Council agreed that the preferred alternative was #2 and recommended that staff
proceed with discussions with the City of Grapevine and Metroport Cities Partnership and bring the
resolution back to City Council for consideration.
City Council Meeting Minutes, February 12, 2002 Page 4 of 5
Agenda Item No. 11A. Parks Master Plan Project Update Report. Parks Senior Planner Chris
Carpenter presented to the City Council an update on the current status of the parks system and
planned improvements.
Agenda Item No. 12. Adjournment.
Prior to adjournment, Mayor Stacy announced the resignation of Councilmember Patsy DuPre. Ms.
DuPre is resigning because of her husband's job relocation out of the state. Mayor Stacy presented
two plaques on behalf of the City Council to Ms. DuPre for her outstanding services to the community
as a Councilmember and as a member of the Joint Use Committee.
There being no further business to discuss the meeting was adjourned at 7:30 p.m.
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City Council Meeting Minutes, February 12, 2002 Page 5 of 5