2002-09-03 Regular CC Meeting CITY OF SOUTHLAKE
REGULAR CITY COUNCIL MEETING: SEPTEMBER 3, 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 regarding breach of contract by
Pinnacle Integrated Technologies, Inc.
b. Seek the advice of the attorney regarding Botanical Technologies,
Inc.
c. Seek advice of city attorney regarding pavement distress issues.
d. Gene Kalal et. al vs. City of Southlake.
e. Seek advice of the city attorney regarding Town Square
Developer's Agreement.
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, David Dyke, Refuge Church
4. REPORTS:
A. Mayor's Report
B. City Manager's Report
C. SPIN Report
D. Library Board Report
E. Committee Reports
City of Southlake
City Council Meeting Agenda
September 3, 2002
Page 2 of 4
F. Local Business Report
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 August 20, 2002.
B. Approval of TXU Comprise, Settlement, and Release Agreement.
C. Variance to the Subdivision Ordinance No. 483, Section 4.01(I)2 (Plat
Expiration), as amended, extending the validity of Case No. ZA01 -087, Final Plat
for Lot 7, Block 1, Clariden Ranch, Phase 3.
D. ZA02 -071, Revised Site Plan for Big Bowl Asian Diner, located in Gateway Plaza
Phase III at the northeast corner of East Southlake Boulevard (FM 1709) and North
Nolen Drive. Current Zoning: S -P -2 General Site Plan District Regulations. SPIN
Neighborhood #8. TABLED TO THE SEPTEMBER 17, 2002, CITY
COUNCIL MEETING.
E. Resolution No. 02 -056 (ZA02 -075) Specific Use Permit to allow the sale of
alcoholic beverages at Big Bowl Asian Diner, located in Gateway Plaza Phase III at
the northeast corner of East Southlake Boulevard (FM 1709) and North Nolen
Drive. Current Zoning: S -P -2 General Site Plan District Regulations. SPIN
Neighborhood #8. TABLED TO THE SEPTEMBER 17, 2002, CITY
COUNCIL MEETING.
REGULAR AGENDA
6. Public Forum.
7. Ordinances, second readings, public hearings, and related items:
A. Approval of Crime Control FY2002 -03 Operating Budget and multi -year CIP.
PUBLIC HEARING.
B. Ordinance No. 830, 1 Reading, Annual Budget for FY2002 -03 and approving the
revised budget figures for FY2001 -02. FIRST PUBLIC HEARING.
C. Ordinance No. 831, 1 Reading, Tax Levy Ordinance. FIRST PUBLIC
HEARING.
City of Southlake
City Council Meeting Agenda
September 3, 2002
Page 3 of 4
D. Ordinance No. 483 -I, 2nd Reading, Amending Subdivision Ordinance No. 483,
Article VII, to include proposed changes to the Park Dedication Fees. PUBLIC
HEARING
E. Ordinance No. 480 -404, 2 Reading (ZA02 -046) Zoning Change and Site Plan for
Gymnastics Plus, located at 1363 Brumlow Avenue. Current Zoning: AG
Agricultural District. Amended Requested Zoning: S -P -1 Detailed Site Plan District
Regulations with 0-1 Office District uses to include Gymnastics Training Center
and Dance Training Center. SPIN Neighborhood #7. PUBLIC HEARING
8. Ordinances, first readings, and related items: (no items this agenda)
9. Resolutions:
A. Resolution No. 02 -057, Approval of Investment Policy.
10. Other items for consideration:
A. Request for a variance to Sign Ordinance No. 704 -A for Edward Jones
Investments located at 1101 E. Northeast Parkway, Suite 102.
B. Approval of payment to Cooper and Stebbins in accordance with Town Square
Developer's Agreement.
11. Other items for discussion:
A. Southlake 2025 Plan Steering Committee Selection Process.
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 August 30, 2002, at 6:00 p.m., pursuant to the
Texas Government Code, gea'• r
o '•
s • a.
i m ' ush
' • ••••••.••••a ,1
Acti g City Secretary ',,,, *
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
City Council Meeting Agenda
September 3, 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.
5. Leona and Raymond Fox vs. City of Southlake. April 2002.
6. David A. Gray vs. City of Southlake. April 2002.
7. Gene Kalal et. al vs. City of Southlake. August 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
September 3, 2002
MINUTES
CITY COUNCIL PRESENT: Mayor Rick Stacy, Mayor Pro Tem W. Ralph Evans, Deputy Mayor Pro
Tem Greg Standerfer; Councilmembers: Carolyn Morris, Rex Potter, Keith Shankland, and Tom Stephen.
CITY COUNCIL ABSENT: None.
STAFF PRESENT: City Manager Billy Campbell, Assistant City Manager Sham Yelverton, Assistant
to the City Manager John Eaglen, Finance Director Sharen Elam, Planning Director Bruce Payne,
Economic Development Director Greg Last, 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,
Community Services Director Kevin Hugman, Senior Parks Planner Chris Carpenter, Battalion
Commander Robert Isbell, Assistant to the Public Works Director Valerie Bradley, Human Resource
Director Harold Cates, City Attorney Debra Drayovitch, Acting City Secretary Kim Bush, and Deputy
City Secretary Lori Farwell.
WORK SESSION: The work session was called to order by Mayor Rick Stacy at 5:56 p.m.
REGULAR SESSION:
Agenda Item No. 1, Call to order. The regular session was called to order by Mayor Stacy at 6:17 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 6:17 p.m. Executive Session began at 6:28 p.m. and ended at
7:19 p.m.
Agenda Item No. 2B, Reconvene: City Council reconvened the regular meeting at 7:24 p.m.
Motion was made to approve the institution of litigation against Pinnacle Integrated Technologies, Inc., as
discussed in Executive Session.
Motion: Standerfer
Second: Shankland
Ayes: Stephen, Evans, Shankland, Morris, Standerfer, Potter, Stacy
Nays: none
Approved: 7 -0
Agenda Item No. 3, Invocation was presented by Scott Berry, First Baptist Church.
Agenda Item No. 4, Reports:
CITY COUNCIL MEETING MINUTES, SEPTEMBER 3, 2002, PAGE 1 OF 6
A. Mayor's Report — Mayor Stacy announced upcoming meetings / events. The Mayor encouraged
everyone to attend the Kaleidoscope of Homes in Clariden Ranch. Councilmember Stephen
announced there will be a Musclemania Fundraiser for Juvenile Diabetes on September 21 in Town
Square; he will be participating by sitting in a dunking booth.
B. City Manager's Report — Public Works Director Pedram Farahnak updated the Council on the
September 3 TNRCC hearing regarding the CCN issue at Lakewood Ridge and the Indian Creek
Estates subdivisions in which he attended along with the City Manager, Councilmember Morris,
State Representative Vicki Truitt, and 25 residents from the area. Economic Development Director
Greg Last presented Council with copies of the new Southlake Shopping and Restaurant Guide.
C. SPIN Report — David Baltimore spoke regarding upcoming SPIN meetings.
D. Library Board Report — Board member Maria Cameron reported on the Board's meetings and
upcoming events.
E. Committee Reports — None
F. Local Business Report — Dion Carver of Prime Time Golf gave a brief presentation regarding his
business.
Consent Agenda:
5A. Approval of the minutes of the regular City Council meeting held on August 20, 2002. Approved as
presented.
5B. Approval of TXU Comprise, Settlement, and Release Agreement. This agreement is the culmination
of the lawsuit filed against TXU by a consortium of cities, including Southlake. The City will
receive $29,871 from TXU Gas, and $11,901 from TXU Electric.
5C. Variance to the Subdivision Ordinance No. 483, Section 4.01(I)2 (Plat Expiration), as amended,
extending the validity of Case No. ZA01 -087, Final Plat for Lot 7, Block 1, Clariden Ranch, Phase
3. Staff recommended approval of a 30 -day extension.
5D. ZA02 -071, Revised Site Plan for Big Bowl Asian Diner, located in Gateway Plaza Phase III at the
northeast corner of East Southlake Boulevard (FM 1709) and North Nolen Drive. Current Zoning: S -P-
2 General Site Plan District Regulations. SPIN Neighborhood #7. Tabled to the September 17, 2002,
City Council meeting.
5E. Resolution No. 02 -056 (ZA02 -075) Specific Use Permit to allow the sale of alcoholic beverages at Big
Bowl Asian Diner, located in Gateway Plaza Phase III at the northeast corner of East Southlake
Boulevard (FM 1709) and North Nolen Drive. Current Zoning: S -P -2 General Site Plan District
Regulations. SPIN Neighborhood #7. Tabled to the September 17, 2002, City Council meeting.
9A. Resolution No. 02 -057, Approval of Investment Policy. Section 2256 of the Public Funds Investment
Act of the Texas Government Code establishes the requirements for a local government investment
policy. The City of Southlake last modified its investment policy in June 1999 to comply with then -
recent legislative changes. The suggested changes are designed simply to strengthen our policy and
are not specifically required by Texas law. 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, ADOPTING A REVISED CITY INVESTMENT POLICY.
CITY COUNCIL MEETING MINUTES, SEPTEMBER 3, 2002, PAGE 2 OF 6
10A. Request for a variance to Sign Ordinance No. 704 -A for Edward Jones Investments located at 1101
E. Northeast Parkway, Suite 102. Deputy Director of Administrative Services Malcolm Jackson
presented the applicant's request to increase the letter height for a sign spelling "Edward Jones."
The increased letter height would include one upper case letter "E" and two lower case letters "d" at
eighteen inches and one upper case letter "J" at twenty -one inches. Applicant Matt Gordon answered
questions from Council.
Motion was made to approve consent agenda items 5A, 5B, 5C, 5D (to table), 5E (to table), 9A, and 10A.
Motion: Stephen
Second: Evans
Ayes: Stephen, Evans, Shankland, Morris, Standerfer, Potter, Stacy
Nays: none
Approved: 7 -0
REGULAR AGENDA
Agenda Item 6. Public Forum.
Agenda Item 7A. Approval of Crime Control FY2002 -03 Operating Budget and multi -year CIP. The
operating budget simply provides for the continuation of the SRO funding with the addition of two more
SRO officers (one funded by a grant), lease payment for the police 800 MHz -radio system, funding for
the mounted patrol volunteer program, a vehicle for an SRO officer, and the annual debt service payment
for the DPS West facility. This item was approved by the Crime Control Board on August 7, 2002.
There were no comments from the audience during the Public Hearing.
Motion was made to approve the Crime Control FY2002 -03 Operating Budget and multi -year CIP.
Motion: Standerfer
Second: Evans
Ayes: Shankland, Morris, Standerfer, Potter, Stephen, Evans, Stacy
Nays: none
Approved: 7 -0
Agenda Item 7D. Ordinance No. 483 -I, 2 Reading, Amending Subdivision Ordinance No. 483, Article VII,
to include proposed changes to the Park Dedication Fees. Director of Community Services Kevin Hugman
presented this item to the Council. The Park Board recommended approval at its July 8 meeting,
recommending to add the requirement to appear before the Park Board if the development required the
dedication of five acres or more, regardless of the developer's desire to pay fees or dedicate land. The
Planning and Zoning Commission recommended approval at its August 8 meeting, and the City Council
approved the first reading on consent at its August 20 meeting.
There were no comments from the audience during the Public Hearing.
Councilmember Potter expressed an interest in looking at the impact of changing the formula on future non-
residential development.
Councilmember Morris agreed and said she does not want to do anything that is going to decrease the
amount of park land.
CITY COUNCIL MEETING MINUTES, SEPTEMBER 3, 2002, PAGE 3 OF 6
Motion was made to table Ordinance No. 483 -I to the second meeting in October.
Motion: Standerfer
Second: Shankland
Ayes: Morris, Standerfer, Potter, Stephen, Evans, Shankland
Nays: Stacy
Approved: 6 -1
Agenda Item 7E. Ordinance No. 480 -404, 2 Reading (ZA02 -046) Zoning Change and Site Plan for
Gymnastics Plus, located at 1363 Brumlow Avenue. Current Zoning: AG — Agricultural District. Amended
Requested Zoning: S -P -1 Detailed Site Plan District Regulations with 0-1 Office District uses to include
Gymnastics Training Center and Dance Training Center. Senior Planner Dennis Killough presented
Ordinance No. 480 -404 and commented that P &Z recommended approval at its August 8, 2002, meeting.
Council approved first reading at its August 20 meeting subject to the review and P &Z's recommendation
and requiring a cross access along the south property line. Applicant F.C. LeVrier of Sun Coast Architects
answered questions from Council.
Public Hearing:
Joe Wright, 1640 Brumlow Avenue, Southlake, Texas. Spoke in favor of this item.
Kenneth Home, 1215 Ashmoore Court, Southlake, Texas. Spoke in favor of this item.
There were no other comments during the Public Hearing.
In accordance with Section 4.21 of the City Charter, the caption for this item is listed as follows:
AN ORDINANCE AMENDING ORDINANCE NO. 480, AS AMENDED, THE
COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF SOUTHLAKE,
TEXAS; GRANTING A ZONING CHANGE ON A CERTAIN TRACT OR
TRACTS OF LAND WITHIN THE CITY OF SOUTHLAKE, TEXAS BEING
LEGALLY DESCRIBED AS TRACTS 2E1 AND 2E2, SITUATED IN THE J.
GIBSON SURVEY, ABSTRACT NO. 591; AND BEING 2.5 ACRES, AND
MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM
"AG" AGRICULTURAL TO "S -P -l" DETAILED SITE PLAN DISTRICT WITH
"0-1" OFFICE DISTRICT USES TO INCLUDE GYMNASTICS TRAINING
CENTER AND DANCE TRAINING CENTER, AS DEPICTED ON THE
APPROVED SITE PLAN ATTACHED HERETO AND INCORPORATED
HEREIN AS EXHIBIT `B ", SUBJECT TO THE SPECIFIC REQUIREMENTS
CONTAINED IN THIS ORDINANCE; CORRECTING THE OFFICIAL
ZONING MAP; PRESERVING ALL OTHER PORTIONS OF THE ZONING
ORDINANCE; DETERMINING THAT THE PUBLIC INTEREST, MORALS
AND GENERAL WELFARE DEMAND THE ZONING CHANGES AND
AMENDMENTS HEREIN MADE; PROVIDING THAT THIS ORDINANCE
SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A
SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY FOR
VIOLATIONS HEREOF; PROVIDING A SAVINGS CLAUSE; PROVIDING
FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING
AN EFFECTIVE DATE.
CITY COUNCIL MEETING MINUTES, SEPTEMBER 3, 2002, PAGE 4 OF 6
After discussing the placement of a cross access easement with the property to the south, the Council
decided against requiring one because that property is not developed at this time.
Motion was made to approve Ordinance No. 480 -404, 2'' Reading, subject to Revised Site Plan Review
Summary No. 3, dated August 30, 2002, incorporating P &Z's recommendations.
Motion: Standerfer
Second: Shankland
Ayes: Standerfer, Potter, Stephen, Evans, Shankland, Morris, Stacy
Nays: none
Approved: 7 -0
Agenda Item 7B. Ordinance No. 830, 1 Reading, Annual Budget for FY2002 -03 and approving the revised
budget figures for FY2001 -02. City Manager Billy Campbell introduced this item to Council.
Public Hearing:
Trisha Wood, Executive Director of G.R.A.C.E. Asked Council to keep funding in the budget for her
organization.
There were no other comments during the Public Hearing.
Councilmember Morris expressed her desire to keep a minimum of $33,000 in the budget for library
books in order to stay current in children's books.
Mayor Stacy said he and Community Services Director Kevin Hugman met with representatives from the
M.R. and Evelyn Hudson Foundation today who offered to match dollar- for - dollar up to $30,000 for the
library. The representatives read about the City's budget issues in the paper and contacted the City to
make this offer.
Councilmember Morris expressed her desire to look at completing the audio and the electronic voting
items for the Council Chambers.
Councilmember Stephen said he has asked City staff to prepare several items that are not ready tonight
which makes it premature at this time to go through the budget. He asked staff to prepare a three -year
future financial analysis.
City Manager Campbell said that Council needs to act on 1 reading of the ordinance tonight so we can
prepare for the next work session. He reminded Council that they can undue anything they do here tonight
and add any caveats they feel are necessary; any adjustments can be made prior to the second reading
scheduled for September 17.
Motion was made to approve Ordinance No. 830, e Reading, as submitted by the City Manager so that
Council can properly evaluate it at the budget work session.
Motion: Stephen
Second: Standerfer
Ayes: Stephen, Evans, Shankland, Morris, Standerfer
Nays: Potter, Stacy
Approved: 5 -2
CITY COUNCIL MEETING MINUTES, SEPTEMBER 3, 2002, PAGE 5 OF 6
Agenda Item 7C. Ordinance No. 831, 1 Reading, Tax Levy Ordinance.
There were no comments from the audience during the Public Hearing.
City Manager Campbell reminded everyone that what the Council does tonight just provides a baseline to
work with and can be adjusted.
Motion was made to approve Ordinance No. 831, 1 Reading, setting the tax levy rate at $0.422.
Motion: Potter
Motion failed due to lack of a second.
Motion was made to approve Ordinance No. 831, 1 Reading, setting the tax levy rate at $0.462
consistent with the City Manager's budget.
Motion: Stephen
Second: Standerfer
Ayes: Stephen, Evans, Shankland, Morris, Standerfer
Nays: Potter, Stacy
Approved: 5 -2
Agenda Item 10B. Approval of payment to Cooper and Stebbins in accordance with Town Square
Developer's Agreement. No action was taken on this item. Direction was given to staff to arrange a
meeting between Cooper and Stebbins and two Councilmembers and staff to discuss this issue.
Agenda Item 11A. Discussion of the Southlake 2025 Plan Steering Committee. Planning Director Bruce
Payne presented this item to Council during the Work Session. It was determined that due to the large
number of applications, Director Payne will contact each Councilmember to get his or her choice of three
applicants in order to narrow down the interview process.
Agenda Item 12. Meeting Adjourned. There being no further business to discuss, the meeting was
adjourned at 8:51 p.m.
Submitted By:
/ / ,� �
n.� . Lam...
Deputy City Secre ary
5 •..•••••.. F , Mayor Rick Stacy
.II`
ATTEST:
u•
/
' im :ush, Acting City Secretary
CITY COUNCIL MEETING MINUTES, SEPTEMBER 3, 2002, PAGE 6 OF 6