Item 5ACity of Southlake
CITY COUNCIL MEETING
MINUTES
May 20, 2003
CITY COUNCIL PRESENT Mayor Andy Wambsganss, Mayor Pro Tern W. Ralph Evans;
Councilmembers: Carolyn Morris, Keith Shankland, Greg Standerfer, and Tom Stephen.
CITY COUNCIL ABSENT Deputy Mayor Pro Tern Rex Potter.
STAFF PRESENT City Manager Billy Campbell, Assistant City Manager Shana Yelverton,
Assistant to the City Manager John Eaglen, Manager of Technical Services Gary Gregg,
Planning Director Bruce Payne, Senior Planner Dennis Killough, Public Works Director Pedram
Farahnak, Deputy Director of Public Works Charlie Thomas, Assistant to the Public Works
Director Valerie Bradley, Finance Director Sharen Elam, Economic Development Director Greg
Last, Director of Public Safety Rick Black, Chief of Police Marlin Price, Interim Chief of Fire
Bobby Finn, Police Officer Jason Pfeiffer, Communications Supervisor Donna Schneider,
Firefighter/Paramedic David Sizemore, Firefighter /Paramedic Kelly Clements, Administrative
Secretary Bobbye Shire, Deputy Director of Administrative Services Garland Wilson, Chief
Building Official Paul Ward, Landscape Administrator Keith Martin, Director of Community
Services Malcolm Jackson, Deputy Director of Community Services Steve Polasek, Senior Parks
Planner Chris Carpenter, Recreation Supervisor Steve Moore, Director of Human Resources
Kevin Hugman, Executive Secretary /Office Manager Kim Bush, Intern Kim Springer, Deputy
City Secretary Tara Brooks, City Attorney E. Allen Taylor, and City Secretary Lori Farwell.
WORK SESSION The work session was called to order by Mayor Wambsganss at 5:48 p.m.
City Council reviewed the agenda items with city staff and applicants. Council decided to add
the following agenda items to the consent agenda: items 7B, 7C, 7D and 7E to table to June 17 at
the applicants request, and to approve item 8A.
REGULAR SESSION
Agenda Item No. 1, Call to order: The regular session was called to order by Mayor
Wambsganss at 6:04 p.m.
Agenda Item No. 2A, Executive Session Mayor Wambsganss 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 551.073, deliberation regarding prospective gift; Section 551.074, deliberation regarding
personnel matters; Section 551.076, deliberation regarding security devices; and Section
551.087, deliberation regarding economic development negotiations. City Council adjourned for
Executive Session at 6:38 p.m. Executive Session began at 6:18 p.m. and ended at 7:10 p.m.
Agenda Item No. 213, Reconvene Mayor Wambsganss reconvened the regular meeting at 7:20
p.m.
Mayor Wambsganss asked if there was any action necessary following the executive session.
UNOFFICIAL CITY COUNCIL MEETING MINUTES, MAY 20, 2003, PAGE I OF 8
Motion to authorize city attorney to proceed with a 380 Agreement for reimbursement of
development in construction of infrastructure for the Pin Oak Estates subdivision.
Motion: Standerfer
Second: Shankland
Ayes: Stephen, Evans, Shankland, Morris, Standerfer, Wambsganss
Nays: None
Approved: 6 -0
Agenda Item No. 3: The invocation was presented by Mayor Pro Tern Ralph Evans. Mayor
Wambsganss led the Pledge of Allegiance.
Agenda Item No. 4, Reports
A. Mayor's Report: Mayor Wambsganss announced upcoming meetings and events. The
Mayor then presented a proclamation to five - year -old Kristy Wickliff who saved her
father's life.
B. City Manager's Report: The City Manager advised Council that the automatic voting
system will be forthcoming and will allow Council to vote electronically. Courtney Blevins
with the Texas Forest Service presented the Tree City Award to the City of Southlake for a
total of six years in a row and then Mr. Blevins also presented the Urban Forestry Award to
the City for the fifth year in a row. Landscape Administrator Keith Martin received both
awards on behalf of the City. Economic Development Director Greg Last described the
CLIDE (Celebrating Leadership In Development Excellence) Award to Council which was
recently presented to Southlake Town Square. Department of Public Safety Director Rick
Black presented the Threat Preparedness Plan to the Council.
CONSENT AGENDA
5A. Approval of the minutes of the City Council special meeting held on May 6, 2003, and the
City Council regular meeting held on May 6, 2003. Approved as presented.
5B. Ordinance No. 849, 1 St Reading, Abandoning a portion of the public right -of -way of
Crooked Lane In 2001, the construction of South Nolen Drive from Crooked Lane to FM
1709 was completed and vehicular traffic was moved from Crooked Lane to Nolen Drive.
On December 18, 2001, the City Council approved Ordinance No. 808 abandoning the
right of way of Crooked Lane within the Cornerstone Plaza Addition from FM 1709 to
approximately 466 feet south of FM 1709 and authorizing the Mayor to execute a quit
claim deed. The three property owners adjacent to the remaining right -of -way of Crooked
Lane from approximately 466 feet south of FM 1709 to South Nolen Drive have submitted
a request to the City to abandon this portion of right -of -way of Crooked Lane. The utilities
have been moved from the right -of -way of Crooked Lane to South Nolen Drive and the
existing right -of -way only serves as a drainage easement. The property owners have signed
a new drainage easement to serve the drainage in the existing right -of -way of Crooked
Lane. It was understood at the time the preliminary plat for Cornerstone Plaza was
approved that the old Crooked Lane right -of -way would be abandoned when South Nolen
Drive was constructed.
5C. Resolution No. 03 -028, appointing six members to serve on the Board of Directors of the
Tax Increment Reinvestment Zone Number One of the City of Southlake. Article II,
Section 1 (Powers, Number, and Term of Office) of the Bylaws of the Tax Increment
Reinvestment Zone Number One, The City of Southlake, Texas provides that the property
UNOFFICIAL CITY COUNCIL MEETING MINUTES, MAY 20, 2003, PAGE 2 OF 8
and affairs of the zone shall be managed and controlled by the City Council of the City of
Southlake in accordance with the laws of the State of Texas. The BB'S specify that the
City Council shall appoint eight members to the TIRZ Board of Directors, with one of
these positions named by the Carroll Independent School District. The other taxing units
participating in the zone (CISD, Tarrant County, Tarrant County Hospital District, and
Tarrant County College) may appoint one representative to the Board of Directors. With
respect to the length and terms of succession, the BB'S state the following: "Each
member shall serve for a term of two years, as stipulated in the Act, or until the member's
successor is duly appointed and qualified." On July 18, 2000, the City Council approved
Resolution No. 00 -80 appointing eight members to the TIRZ Board of Directors for
staggered terms. Through the initial appointment and subsequent appointments, six of the
appointments were for terms to expire in May of 2003. Resolution No. 03 -028 appoints the
following six members to the Board of Directors for two year terms - Mayor Andy
Wambsganss, Mayor Pro Tern Ralph Evans, City Councilmembers Keith Shankland, Greg
Standerfer and Tom Stephen, and CISD appointment Robin Snyder as per the BBB
which stipulates that the City Council appoint one member to the Board of Directors that is
designated by CISD. In accordance with Section 4.21 of the City Charter, the caption for
this item is listed as follows:
A RESOLUTION OF THE CITY OF SOUTHLAKE, TEXAS, APPOINTING
MEMBERS TO THE BOARD OF DIRECTORS FOR THE TAX INCREMENT
REINVESTMENT ZONE NUMBER ONE OF THE CITY OF SOUTHLAKE;
PROVIDING AN EFFECTIVE DATE.
5D. Resolution No. 03 -031, Authorizing application for a Texas Parks and Wildlife (TPWD)
Recreational Fund Grant for Bob Jones Park Trails. Staff is again requesting to submit a
grant application to TPWD for possible trail construction funding. Two options were
initially presented to the Park Board and the option selected was submitted in the
application. One option was the Bob Jones Park outer loop trail, which was submitted last
year and not funded. The other was one of the trail connections related to the Safe Routes
to School grant request which would have filled a gap in the sidewalk system on
Continental between White Chapel Boulevard and the Timarron Information Center. This
also was not funded. The Park Board recommended resubmitting the Bob Jones outer loop
trail and proceeding with construction on the Timarron trail out of SPDC's designated line
item for that trail. Since the funding mechanism is cost reimbursement (state pays 80 %,
city pays 20 %), not a straight grant, the trail project must demonstrate an available funding
source prior to the reimbursement process. Staff recommends using SPDC's FY 2005
allocation of $150,000 for Trail Projects as the reimbursement source. Park Dedication
Funds in the amount of $446,005 also exist as an alternate source. The total funding
reimbursed by the state is no more than $100,000, and the trails must serve a recreational
purpose, as well as be located on public property or on federal property (i.e. Corps
property). If the application is approved by TPWD, the city would have five years to begin
and complete construction of the project. In accordance with Section 4.21 of the City
Charter, the caption for this item is listed as follows:
A RESOLUTION OF THE CITY OF SOUTHLAKE, TEXAS, HEREINAFTER
REFERRED TO AS "APPLICANT," DESIGNATING CERTAIN OFFICIALS
AS BEING RESPONSIBLE FOR, ACTING FOR, AND ON BEHALF OF THE
"APPLICANT" IN DEALING WITH THE TEXAS PARKS AND WILDLIFE
DEPARTMENT, HEREINAFTER REFERRED TO AS THE "DEPARTMENT,"
UNOFFICIAL CITY COUNCIL MEETING MINUTES, MAY 20, 2003, PAGE 3 OF 8
FOR THE PURPOSE OF PARTICIPATING IN THE TEXAS
RECREATIONAL TRAILS GRANT PROGRAM, HEREINAFTER
REFERRED TO AS THE "PROGRAM;" CERTIFYING THAT THE
"APPLICANT" IS ELIGIBLE TO RECEIVE PROGRAM ASSISTANCE;
CERTIFYING THAT THE "APPLICANT" MATCHING SHARE IS READILY
AVAILABLE; AND DEDICATING THE PROPOSED SITE FOR
PERMANENT PUBLIC PARK AND RECREATIONAL USES.
7B. ZA02 -110, Concept Plan for Greenway Carroll Addition located on the southeast corner of
North Carroll Avenue and State Highway 114. Current Zoning: C -3 General Commercial
District. Tabled to the June 17, 2003, Council meeting at the applicant's request.
7C. Resolution No. 03 -032. (ZA02 -111) Sbecific Use Permit and Site Plan for a gasoline
service station on the proposed Lot 1, Block 1, Greenway Carroll Addition. The property is
located on the southeast corner of North Carroll Avenue and State Hiahwav 114. Current
Zoning: C -3 General Commercial District. Tabled to the June 17, 2003, Council meeting at
the applicant's request.
7D. Resolution No. 03 -033. (ZA02 -112) Sbecific Use Permit for the sale of alcoholic beveraues
on property described as proposed Lot 1, Block 1, Greenway Carroll Addition. The
brobertv is located on the southeast corner of North Carroll Avenue and State Hiahwav
114. Current Zoning: C -3 General Commercial District Tabled to the June 17, 2003,
Council meeting at the applicant's request.
7E. ZA03 -003. Revised Preliminary Plat for Lots 1 and 2. Block 1 and Lot 1. Block 2
Greenway Carroll Addition on property located on the southeast corner of North Carroll
Avenue and State Highway 114 and being approximately 10.56 acres. Current Zoning: C -3
General Commercial District. Tabled to the June 17, 2003, Council meeting at the
applicant's request.
8A. Ordinance No. 830 -A, 1 St Reading, Amending Ordinance No. 830, amending FY2002 -03
buffet. Ordinance No. 830 -A is presented to the Council to reflect the proposed
amendments to the adopted FY 2002 -03 Annual Budget. The proposed amendments to the
budget represent an increase in expenditures of $223,607 and $55,000 in General Fund and
Park Dedication Fund respectively, and a decrease in expenditures of $151,147 in
Southlake Park Development Corporation budget (SPDC). Based on staff s review of the
revenues collected year -to -date, it is not considered necessary to amend revenues at this
time. We will continue to monitor revenue collections. The changes to the fund balance
stand at 28.6 %, exceeding the requirements of our fund balance policy. The excess fund
balance will assist with balancing the FY2003 -04 and future budgets. During the FY2002-
03 budget process, staff discussed the importance of focusing on the 3 -year outlook.
Motion was made to approve consent agenda items 5A; 513; 5C; 5D including the in -field trails
to be consistent with SPDC's approval; 713, 7C, 7D, and 7E to table to June 17, 2003, at the
applicant's request; and item 8A.
Motion: Standerfer
Second: Stephen
Ayes: Evans, Shankland, Morris, Standerfer, Stephen, Wambsganss
Nays: None
Approved: 6 -0
UNOFFICIAL CITY COUNCIL MEETING MINUTES, MAY 20, 2003, PAGE 4 OF 8
REGULAR AGENDA:
Agenda Item 6. Public Forum
Jeff Jones, 2705 York Court, Southlake, Texas, thanked the City of Southlake and the Parks
Board for their support of the Southlake Carroll Lacrosse Association.
Agenda Item No. 7A. Ordinance No. 480 -419, 2nd Reading_(ZA03 -015) Zoning Change for
property located at 3333 Southlake Park Road East. Senior Planner Dennis Killough presented
this item to the Council. This property is located approximately 500 feet north of Ridgecrest
Drive adjacent to the Grapevine Lake Corp of Engineers' property. The current zoning on the
property is SF -20B Single Family Residential District and the requested zoning is SF-IA Single
Family Residential District. The land use designation is medium density residential. The property
is approximately 1.2 acres in area. The SF -20 zoning district does not permit the stabling of
grazing animals. The applicant would like the ability to have horses on the property as permitted
in the SF- lA district. One property owner within the 200' notification area registered opposition
to the request, but later submitted a letter to the Planning Department rescinding this opposition
on May 12, 2003. The Planning and Zoning Commission recommended approval on April 17,
2003. The City Council approved the first reading on consent on May 6, 2003.
No one spoke 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 LOT 1R, BLOCK 3, SOUTHLAKE PARK
ADDITION, BEING APPROXIMATELY 1.16 ACRES, AND MORE FULLY
AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "SF -20B"
SINGLE FAMILY RESIDENTIAL DISTRICT TO "SF-IA" SINGLE FAMILY
RESIDENTIAL DISTRICT, 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
SEVERABIL,ITY CLAUSE; PROVIDING FOR A PENALTY FOR
VIOLATIONS HEREOF; PROVIDING A SAVINGS CLAUSE; PROVIDING
FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING
AN EFFECTIVE DATE.
Motion was made to approve Ordinance 480 -419, 2nd Reading.
Motion: Standerfer
Second: Shankland
Ayes: Shankland, Morris, Standerfer, Stephen, Evans, Wambsganss
Nays: None
UNOFFICIAL CITY COUNCIL MEETING MINUTES, MAY 20, 2003, PAGE 5 OF 8
Approved: 6 -0
Agenda Item No. 7F. Resolution No. 03 -034 (ZA03 -018) SUP for Southlake Town Square
Farmer's Market. Senior Planner Dennis Killough presented this item to the Council. This
property is located on the south side of Prospect Street, between State Street and North Carroll
Avenue. The Farmer's Market is proposed to run each Saturday from 7:30 a.m. to 3:30 p.m.
beginning the first Saturday of June through the last Saturday of September. This request is the
same time period, location, size, and product selection as last year's Farmer's Market. There is
more than adequate parking available for the Market through the use of available office parking
that is not in use on weekends. The applicant has asked that the Market be permitted to occur
each year during the same time period without having to return each year for a new SUP, so long
as the market remains as presented by this application. This is what was done for the Art in the
Square event. If there is a significant change in the event a new SUP approval from the City
Council will be required. They would be limited to 30 vendors as well as being limited in size
and location. The Planning and Zoning Commission recommended approval on May 6, 2003.
No one spoke 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 A FARMER'S
MARKET ON PROPERTY WITHIN THE CITY OF SOUTHLAKE, TEXAS,
BEING LEGALLY DESCRIBED AS LOT 4, BLOCK 2R1, SOUTHLAKE
TOWN SQUARE, PHASE I, MORE FULLY AND COMPLETELY
DESCRIBED IN EXHIBIT "A ", AND AS DEPICTED ON THE APPROVED
CONCEPT PLAN ATTACHED HERETO AND INCORPORATED HEREIN
AS EXHIBIT `B" AND PROVIDING AN EFFECTIVE DATE.
Motion was made to approve Resolution No. 03 -034 as submitted for a period of five years.
Motion: Standerfer
Second: Shankland
Ayes: Morris, Standerfer, Stephen, Evans, Shankland, Wambsganss
Nays: None
Approved: 6 -0
Agenda Item No. 7G. ZA03 -022, Revised Site Plan for Southlake Town Square, Phase III, Stage
L Senior Planner Dennis Killough presented this item to the Council. This property is located
on the northeast corner of Summit Avenue and East Southlake Boulevard (FM 1709). The
current zoning is DT Downtown District. The purpose for this revised plan is to review the
proposed building elevations for a previously approved pad site. The building elevations had not
been designed at the time of that site plan approval. This review is limited to those changes only.
The remainder of the site is subject to all previous conditions of approval for the controlling site
plan. The staff has determined that the building design is compliant with the design guidelines of
the DT District. The Planning and Zoning Commission recommended approval subject to
review on May 8, 2003. Applicant Frank Bliss, 1362 Lakeview Drive, Southlake, Texas,
answered Council's questions on this item.
No one spoke during the public hearing.
UNOFFICIAL CITY COUNCIL MEETING MINUTES, MAY 20, 2003, PAGE 6 OF 8
Motion was made to approve ZA03 -022 subject to Site Plan Review Summary No. 1, dated May
2, 2003.
Motion: Standerfer
Second: Evans
Ayes: Standerfer, Stephen, Evans, Shankland, Morris, Wambsganss
Nays: None
Approved: 6 -0
Agenda Item No. 7H. Resolution No. 03 -035 (ZA03- 019 )Specific Use Permit for the sale of
alcoholic beverages at Feedstore BBQ. Senior Planner Dennis Killough presented this item to
the Council. This property is located at 530 South White Chapel Boulevard. Current Zoning is
C -1 Neighborhood Commercial District. The request is to allow the sale of alcoholic beverages
at the Feedstore BBQ restaurant. The site exceeds the minimum distance requirements from
churches. There are no public schools or public hospitals in the immediate area. The Planning
and Zoning Commission recommended approval on May 8, 2003.
No one spoke 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 FOR ON- PREMISE CONSUMPTION ON
PROPERTY WITHIN THE CITY OF SOUTHLAKE, TEXAS, BEING
LEGALLY DESCRIBED AS TRACT 4D, SITUATED IN THE HIRAM
GRANBERRY SURVEY, ABSTRACT NO. 581, AND BEING
APPROXIMATELY 0.612 ACRES, MORE FULLY AND COMPLETELY
DESCRIBED IN EXHIBIT "A ", AND AS DEPICTED ON THE APPROVED
DEVELOPMENT PLAN ATTACHED HERETO AND INCORPORATED
HEREIN AS EXHIBIT `B" AND PROVIDING AN EFFECTIVE DATE.
Motion was made to approve Resolution No. 03 -035 for a period of ten years.
Motion:
Shankland
Second:
Standerfer
Ayes:
Stephen, Evans, Shankland, Morris, Standerfer, Wambsganss
Nays:
None
Approved:
6 -0
Agenda Item No. 7I. ZA03 -021, Site Plan for King Medical Offices. Senior Planner Dennis
Killough presented this item to the Council. This is a proposed site plan for one of the office pad
sites approved as part of the Zoning and Concept Plan for the Pecan Creek development. This
property is located east of the Villages at Timarron retail commercial site at the southeast corner
of Byron Nelson Parkway and Southlake Boulevard. This site is just south of the wine shop and
restaurant currently under construction on the south side of the Southlake Boulevard frontage.
Current Zoning is 0-1 Office District. The plan proposes a 6,000 square foot medical office. The
Planning and Zoning Commission recommended approval on May 8, 2003, subject to review and
specifically granting requested variances. Applicant Terry Cunningham, 1903 Central Drive,
Bedford, Texas, answered Council's questions on this item. Mr. Cunningham agreed to
Council's request of adding either an artificial window or a decorative column on the west side
of the building.
UNOFFICIAL CITY COUNCIL MEETING MINUTES, MAY 20, 2003, PAGE 7 OF 8
No one spoke during the public hearing.
Motion was made to approve ZA03 -021 subject to Site Plan Review Summary No. 2, dated May
2, 2003, granting the variances requested with the exception of the second variance request in
which the applicant is required to provide either a bump -out or an architectural element such as a
decorative window on the west side of the building.
Motion: Standerfer
Second: Shankland
Ayes: Shankland, Morris, Standerfer, Stephen, Evans, Wambsganss
Nays: None
Approved: 6 -0
Agenda Item 10A. Consideration of 380 Agreement and Developer's Agreement for Pin Oak
Estates Motion was made as a result of the Executive Session.
Agenda Item 11A. Discussion of senior - related transportation issues Not discussed this evening.
Agenda Item 11B. Discussion of City Council project prioritization process Economic
Development Director Greg Last made a presentation to Council during Work Session.
Agenda Item 12. Meeting Adjourned With there being no further business to discuss, Mayor
Wambsganss asked for a motion to adjourn the meeting at 8:31 p.m.
Motion: Standerfer
Second: Shankland
Ayes: Shankland, Morris, Standerfer, Stephen, Evans, Wambsganss
Nays: None
Approved: 6 -0
Andy Wambsganss
Mayor
ATTEST:
Lori A. Farwell
City Secretary
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