2002-08-06 Regular CC Meeting CITY OF SOUTHLAKE
REGULAR CITY COUNCIL MEETING: AUGUST 6, 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
551.087. 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. Seek advice of city attorney concerning employee benefits.
b. Seek advice of city attorney concerning Town Square Developer's
Agreement.
c. Seek advice of city attorney regarding pavement distress issues.
2. Section 551.087 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, Scott Berry, First Baptist Church
4. REPORTS:
A. Mayor's Report
B. City Manager's Report
1. Youth trip to Sister City Toyoma, Japan
C. SPIN Report
D. Library Board Report
E. Committee Reports
1. Southlake Crime Control and Prevention District Annual Program
Evaluation
F. Local Business Report
City of Southlake
City Council Meeting Agenda
August 6, 2002
Page 2 of 5
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 July 16, 2002.
B. Approval of reimbursement to Southlake Baseball Association (SBA) of up to
$25,000 from SPDC Matching Grant Funds for baseball field reconstruction in
Bicentennial Park.
C. Authorize the Mayor to execute a contract for water service between the City of
Fort Worth and the City of Southlake for wholesale purchase of water with an
expiration date of December 31, 2010.
D. Approval of authorization to the Tax Increment Reinvestment Zone Number One
Board of Directors to amend the Bylaws of Tax Increment Reinvestment Zone
Number One, City of Southlake, Texas, Article II, Section 1: Power, Number, and
Term of Office; Article II, Section 3: Regular Meetings; and Article II, Section 6:
Conduct of Business.
E. Ordinance No. 480 -403, 1 Reading (ZA01 -116) Rezoning for Tract 1E, J. Chivers
Survey, No. 350 Addition, located at 2535 N. White Chapel Boulevard and being
approximately 3.6 acres. Current Zoning: AG - Agricultural District. Requested
Zoning: SF -1A - Single Family Residential District. SPIN Neighborhood #2. (If
approved on first reading, the public hearing will be held on August 20, 2002.)
F. ZA02 -065, Revised Preliminary Plat for Gateway Plaza, Phase II, on property
located on the northeast corner of East Southlake Boulevard (FM 1709) and North
Nolen Drive. Current Zoning: S -P -2 - General Site Plan District Regulations with
C -3 - General Commercial District uses. SPIN Neighborhood #7.
G. ZA02 -043, Development Plan for Southlake Town Square, Phase IV, located on the
east side of Central Avenue, north side of E. Southlake Boulevard and the south side
of SH 114. Current Zoning: NR -PUD - Non - Residential Planned Unit Development
District. SPIN Neighborhood #8. TABLED TO THE OCTOBER 15, 2002, CITY
COUNCIL MEETING.
H. ZA02 -044, Revised Preliminary Plat for Southlake Town Square, Phase IV, located
on the east side of Central Avenue, north side of E. Southlake Boulevard and the
south side of SH 114. Current Zoning: NR -PUD - Non - Residential Planned Unit
Development District. SPIN Neighborhood #8. TABLED TO THE OCTOBER
15, 2002, CITY COUNCIL MEETING.
City of Southlake
City Council Meeting Agenda
August 6, 2002
Page 3 of 5
REGULAR AGENDA
6. Public Forum.
7. Ordinances, second readings, public hearings, and related items:
A. Resolution No. 02 -052 (ZA02 -067) Specific Use Permit for Buca Di Beppo
Restaurant to allow the sale of alcoholic beverages for on- premise consumption
located on the southeast corner of SH 114 and North Nolen Drive. Current Zoning:
S -P -2 - General Site Plan District Regulations with C -3 - General Commercial
District uses. SPIN Neighborhood #7. PUBLIC HEARING
8. Ordinances, first readings, and related items:
A. Ordinance No. 827, 1 Reading, Amending Southlake City Code, Section 12 -32,
Park Rules and Regulations, Section 12 -77, referring to Park Board officer elections,
and Section 12 -148, referring to recreational camping. (If approved on first reading,
the public hearing will be held on August 20, 2002.)
B. Ordinance No. 828, 1 Reading, Incorporating by reference the Federal Regulations
governing the Grapevine Lake Reservoir Area, and giving the City the authority to
enforce any violations of those regulations that occur within the City's corporate
limits. (If approved on first reading, the public hearing will be held on August 20,
2002.)
9. Resolutions:
A. Resolution No. 02 -049, Approval of a Media Relations Policy.
B. Resolution No. 02 -051, Appointments to the Crime Control and Prevention
District.
10. Other items for consideration:
A. Authorize the City Manager to enter into a contract with CIGNA HealthCare for
provision of employee medical benefits.
B. Authorize the City Manager to enter into a contract with Mutual of Omaha for
provision of employee group life insurance benefits.
C. Authorize the City Manager to enter into a contract with Aetna U.S. Healthcare
for provision of employee dental benefits.
D. Authorize the City Manager to enter into a contract with Canada Life for
provision of employee long term disability insurance benefits.
City of Southlake
City Council Meeting Agenda
August 6, 2002
Page 4 of 5
E. Authorize the City Manager to enter into a contract with Life Re for provision of
an employee cafeteria or Section 125 plan.
F. Request for a variance to Sign Ordinance No. 704 -A for Clariden Ranch located
at 101 King Ranch Road.
G. Request for a variance to Sign Ordinance No. 704 -A for First American Bank
located at 535 E. Southlake Boulevard.
H. Approval of a contract with Prime Strategies, Inc., for professional consulting
services for Southlake 2025 Plan — Phase 1.
11. Other items for discussion:
A. Southlake 2025 Plan Steering Committee.
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, on Friday, August 2, 2002, at 6:00 p.m., pursuant to the
Texas Government Code, Chapx,5,,1„,���
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If you plan to attend this public g.aGr1Z��h 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
City Council Meeting Agenda
August 6, 2002
Page 5 of 5
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.
5. Leona and Raymond Fox vs. City of Southlake. April 2002.
6. David A. Gray vs. City of Southlake. April 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 551.087 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
August 6, 2002
MINUTES
CITY COUNCIL PRESENT: Mayor Rick Stacy, Deputy Mayor Pro Tem Greg Standerfer;
Councilmembers: Carolyn Morris, Rex Potter, Keith Shankland, and Tom Stephen.
CITY COUNCIL ABSENT: Mayor Pro Tem W. Ralph Evans.
STAFF PRESENT: City Manager Billy Campbell, Assistant City Manager Shana Yelverton, Finance
Director Sharen Elam, Planning Director Bruce Payne, Senior Planner Dennis Killough, Public Works
Director Pedram Farahnak, Deputy Director of Public Works Charlie Thomas, Director of Public Safety
Rick Black, Police Chief Marlin Price, Deputy Director of Administrative Services Malcolm Jackson,
Assistant to the Public Works Director Valerie Bradley, Economic Development Director Greg Last,
Human Resource Director Harold Cates, Deputy Director of Community Services Steve Polasek,
Economic Development Specialist Betsy Boyett, City Attorney Debra Drayovitch, Acting City Secretary
Kim Bush, City Manager's Office Intern Ben Thatcher, Public Information Officer James Kunke, and
Deputy City Secretary Lori Farwell.
WORK SESSION: The work session was called to order by Mayor Rick Stacy at 5:47 p.m.
Mayor Stacy announced a special guest in the audience: Craig Miller, son of Southlake residents Cindy
and Blake Miller, is a five year old who won a national poetry contest for Kraft Macaroni and Cheese. In
addition to getting his picture on the box, he won a college scholarship and a trip to Disney World. Craig
presented each of the Council an autographed box of Macaroni and Cheese.
REGULAR SESSION:
Agenda Item No. 1, Call to order. The regular session was called to order by Mayor Stacy at 6:09 p.m.
Agenda Item No. 2A, Executive Session: Mayor 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 551.087, deliberation regarding economic development negotiations. City
Council adjourned for Executive Session at 6:09 p.m. Executive Session began at 6:22 p.m. and ended at
6:45 p.m.
Agenda Item No. 2B, Reconvene: City Council reconvened the regular meeting at 6:54 p.m. There was
no action necessary as a result of the Executive Session.
Agenda Item No. 3, Invocation was presented by Deputy Mayor Pro Tem Greg Standerfer.
Agenda Item No. 4, Reports:
A. Mayor's Report — Mayor Stacy announced upcoming meetings / events.
B. City Manager's Report — 1) Economic Development Specialist Betsy Boyett gave a report on the
Sister Cities youth trip to Toyoma, Japan. 2) The City Manager reported that the city newsletter has
CITY COUNCIL MEETING MINUTES, AUGUST 6, 2002, PAGE 1 OF 6
once again been recognized and is one of three finalists for a Savvy Award. The winner will be
announced in September. He said that Public Information Officer James Kunke has been the driving
force in creating our award - winning newsletter and also announced that James will be leaving the City
of Southlake to work for the City of Lewisville with his last day being August 16. 3) Brian Stebbins
gave a report on the TIF and on Town Square.
C. SPIN Report — none
D. Library Report — Board member Brent Burford reported on the Library's statistics and upcoming
events.
E. Committee Reports — President of Southlake Crime Control and Prevention District, Martin Schelling,
provided an overview of the 2001 Annual Report to the City Council.
F. Local Business Report — Nelson J. Nelson with Trees of the Field gave a brief presentation regarding
his store.
Consent Agenda:
5A. Approval of the minutes of the regular City Council meeting held on July 16, 2002. Approved as
presented.
5B. Approval of reimbursement to Southlake Baseball Association (SBA) of up to $25,000 from SPDC
Matching Grant Funds for baseball field reconstruction in Bicentennial Park. The Park Board
recommended approval at its July 8, 2002, meeting, and the SBA Board approved the proposal on
July 14, 2002. The request was approved on July 15, 2002, by the Southlake Parks Development
Corporation.
5C. Authorizing the Mayor to execute a contract for water service between the City of Fort Worth and
the City of Southlake for wholesale purchase of water with an expiration date of December 31,
2010. The current water purchase contract between Southlake and the City of Fort Worth was
executed on June 24, 1987, and expired on June 24, 2002. The City Council authorized the extention
of the contract for a period of 60 days, and staff recommends approval of this contract with an
expiration date of December 31, 2010.
5D. Approval of authorization to the Tax Increment Reinvestment Zone Number One Board of Directors
to amend the Bylaws of Tax Increment Reinvestment Zone Number One, City of Southlake, Texas,
Article II, Section 1: Power, Number, and Term of Office; Article II, Section 3: Regular Meetings;
and Article II, Section 6: Conduct of Business. This item was deleted because the Board of
Directors did not approve the amendment to the Bylaws.
5E. Ordinance No. 480 -403, 1 Reading (ZA01 -116) Rezoning for Tract 1E, J. Chivers Survey, No. 350
Addition, located at 2535 N. White Chapel Boulevard and being approximately 3.6 acres. Current
Zoning: AG - Agricultural District. Requested Zoning: SF -1A - Single Family Residential District.
P &Z recommended approval at its July 18, 2002, meeting.
5F. ZA02 -065, Revised Preliminary Plat for Gateway Plaza, Phase II, on property located on the northeast
corner of East Southlake Boulevard (FM 1709) and North Nolen Drive. Current Zoning: S -P -2 -
General Site Plan District Regulations with C -3 - General Commercial District uses. P &Z
recommended approval at its July 18, 2002, meeting subject to Plat Review Summary No. 1, dated June
24, 2002.
CITY COUNCIL MEETING MINUTES, AUGUST 6, 2002, PAGE 2 OF 6
5G. ZA02 -043, Development Plan for Southlake Town Square, Phase IV, located on the east side of Central
Avenue, north side of E. Southlake Boulevard and the south side of SH 114. Current Zoning: NR -PUD
- Non - Residential Planned Unit Development District. The applicant requested to table this item to
the October 15, 2002, City Council meeting.
5H. ZA02 -044, Revised Preliminary Plat for Southlake Town Square, Phase IV, located on the east side of
Central Avenue, north side of E. Southlake Boulevard and the south side of SH 114. Current Zoning:
NR -PUD - Non - Residential Planned Unit Development District. The applicant requested to table this
item to the October 15, 2002, City Council meeting.
8A. Ordinance No. 827, 1 Reading, Amending Southlake City Code, Section 12 -32, Park Rules and
Regulations, Section 12 -77, referring to Park Board officer elections, and Section 12 -148, referring to
recreational camping. The Park Board recommended approval at its June 10, 2002, meeting.
8B. Ordinance No. 828, 1 Reading, Incorporating by reference the Federal Regulations governing the
Grapevine Lake Reservoir Area, and giving the City the authority to enforce any violations of those
regulations that occur within the City's corporate limits. Staff recommends approval of this ordinance
adopting regulations for the Grapevine Lake Area that lies within the Corporate Limits of the City of
Southlake.
9A. Resolution No. 02 -049, Approval of a Media Relations Policy. Staff recommends approval of this
ordinance giving structure and guidance for staff interaction with members of the news media. In
accordance with Section 4.21 of the City Charter, the caption for this item is listed as follows:
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOUTHLAKE TEXAS,
ESTABLISHING A MEDIA RELATIONS POLICY.
9B. Resolution No. 02 -051, Appointments to the Crime Control and Prevention District. Positions
occupied by Bob Mundlin, Stuart Spencer, and Craig Sturtevant expire September 1, 2002. Notice
was received from each of these current members asking that they be considered for reappointment.
Staff recommends appointment of three director positions to fill expiring two -year terms to the
Crime Control and Prevention District. In accordance with Section 4.21 of the City Charter, the
caption for this item is listed as follows:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOUTHLAKE,
TEXAS, APPOINTING PERSONS TO SERVE AS THE BOARD OF DIRECTORS
FOR THE SOUTHLAKE CRIME CONTROL AND PREVENTION DISTRICT; AND
PROVIDING AN EFFECTIVE DATE.
10A. Authorize the City Manager to enter into a contract with CIGNA HealthCare for provision of
employee medical benefits. Annual cost of the increase for FY2002 -03 is $97,793 with the HMO
monthly premiums increasing by 16% and the HMO/POS monthly premiums decreasing by 16 %.
10B. Authorize the City Manager to enter into a contract with Mutual of Omaha for provision of
employee group life insurance benefits. Annual cost decrease or savings for FY2002 -03 is $5,983.
AD &D premiums will not change, and the Basic Life Insurance Premiums will decrease by 29 %.
CITY COUNCIL MEETING MINUTES, AUGUST 6, 2002, PAGE 3 OF 6
10C. Authorize the City Manager to enter into a contract with Aetna U.S. Healthcare for provision of
employee dental benefits. Annual cost decrease or savings for FY2002 -03 is $16,746. Monthly
premiums will decrease by 21%.
10D. Authorize the City Manager to enter into a contract with Canada Life for provision of employee
long term disability insurance benefits. Annual cost decrease or savings for FY2002 -03 is $8,666.
LTD premiums will decrease by 24 %.
10E. Authorize the City Manager to enter into a contract with Life Re for provision of an employee
cafeteria or Section 125 plan. Annual cost decrease or savings for FY2002 -03 is $420. The overall
cost per employee per month will not change. The cost of participating in the medical
reimbursement program is offset by the cost decrease for employees participating in the insurance
premium.
10F. Request for a variance to Sign Ordinance No. 704 -A for Clariden Ranch located at 101 King Ranch
Road. The applicant is requesting to install an off -site sign at 140 West SH114 at the northwest
corner of SH114 and White Chapel Boulevard. The proposed sign would meet ordinance
requirements for a real estate or development sign with a maximum area of thirty -two square feet
per sign face and an overall height of five feet above grade and would be placed a minimum of
fifteen feet from the public R.O.W.
10G. Request for a variance to Sign Ordinance No. 704 -A for First American Bank located at 535 E.
Southlake Boulevard. The applicant is requesting to install a sixty -inch high circular logo in an
archway above the entry doors of the bank building. The logo is a capital letter "A" containing a star
and stripes resembling a waving flag. The sign would be approximately one hundred twenty -two
feet from the R.O.W. At just over nineteen square feet, the area of the sign is within the allowable
area by ordinance. The logo height is the only variance issue.
10H. Approval of a contract with Prime Strategies, Inc., for professional consulting services for Southlake
2025 Plan — Phase 1. Staff recommends approval of a contract with Prime Strategies, Inc., to
develop a scope of work and corresponding fee schedule for an amount not to exceed $40,000 for
Phase 1 of the Southlake 2025 Plan.
Motion was made to approve consent agenda items 5A, 5B, 5C, 5D (to delete), 5E, 5F, 5G (to table), 5H
(to table), adding 8A, 8B, 9A, 9B (to reappoint Bob Mundlin, Stuart Spencer, and Craig Sturtevant), 10A,
10B, 10C, 10D, 10E, 1OF (for a period of two years or until 70% of the lots have sold whichever is the
least amount of time), 10G, and 1011 as discussed tonight and presented above.
Motion: Standerfer
Second: Stephen
Ayes: Stephen, Shankland, Morris, Standerfer, Potter, Stacy
Nays: none
Approved: 6 -0
REGULAR AGENDA
Agenda Item 6. Public Forum.
CITY COUNCIL MEETING MINUTES, AUGUST 6, 2002, PAGE 4 OF 6
Rick Brockington, (President of Brock Paving Industries), 1362 Cross Timber Drive, Southlake, Texas.
Stated his concerns regarding lack of payment to his paving company for the work completed at Bob
Jones Park.
Agenda Item 7A. Resolution No. 02 -052 (ZA02 -067) Specific Use Permit for Buca Di Beppo Restaurant
to allow the sale of alcoholic beverages for on- premise consumption located on the southeast corner of SH
114 and North Nolen Drive. Current Zoning: S -P -2 - General Site Plan District Regulations with C -3 -
General Commercial District uses. Senior Planner Dennis Killough presented Resolution No. 02 -052 and
commented that P &Z recommended approval (6 -0) at its July 18, 2002, meeting. Owner Terry Wilkinson
and Applicants from Buca Texas Restaurants, L.P., were present to answer questions from Council.
There were no comments from the audience during the Public Hearing.
In accordance with Section 4.21 of the City Charter, the caption for this item is listed as follows:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOUTHLAKE,
TEXAS, GRANTING A SPECIFIC USE PERMIT FOR THE SALE OF ALCOHOLIC
BEVERAGES ON PROPERTY WITHIN THE CITY OF SOUTHLAKE, TEXAS,
BEING PROPERTY LOCATED AT 2701 E. STATE HIGHWAY 114, SOUTHLAKE,
TARRANT COUNTY, TEXAS AND BEING PORTIONS OF TRACTS 4A1 AND 5A1,
W. E. MAYFIELD SUBDIVISION, AND BEING MORE FULLY AND
COMPLETELY DESCRIBED IN EXHIBIT "A ", AND AS DEPICTED ON THE
APPROVED SITE PLAN ATTACHED HERETO AND INCORPORATED HEREIN
AS EXHIBIT "B" AND PROVIDING AN EFFECTIVE DATE.
Motion was made to approve Resolution No. 02 -052 for an initial term of twenty years (to equal the term
of the lease).
Motion: Standerfer
Second: Stephen
Ayes: Shankland, Morris, Standerfer, Potter, Stephen, Stacy
Nays: none
Approved: 6 -0
Agenda Item 11A. Discussion of the Southlake 2025 Plan Steering Committee. Council directed staff to
set up committee interviews during the last half of September on a Monday evening.
Agenda Item 12. Meeting Adjourned. There being no further business to discuss the meeting was
adjourned at 7:36 p.m.
Submitted By:
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Deputy City Secretary
CITY COUNCIL MEETING MINUTES, AUGUST 6, 2002, PAGE 5 OF 6
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CITY COUNCIL MEETING MINUTES, AUGUST 6, 2002, PAGE 6 OF 6