Item 4BCity of Southlake, Texas
WI u•;:►IMMu
January 3, 2003
TO: Honorable Mayor and Members of City Council
FROM: Billy Campbell, City Manager
SUBJECT: Agenda Item Comments and Other Items of Interest for City Council Meeting
January 7, 2003
REMINDER: The work session to discuss Downtown zoning district is scheduled for Monday,
Jan. 6, at 6:00 p.m. in Training Room 3C and 3D.
Agenda Item No. 5A. Approval of the minutes of the City Council regular meeting held on December
17, 2002 The minutes are included. If you have any questions, contact Lori Farwell
Agenda Item No. 5B. Authorize the Mayor to enter into a lease agreement between Harley- Davidson
of Dallas and the City of Southlake for ten police traffic motorcycles. The Southlake Department of
Public Safety utilizes ten Harley - Davidson motorcycles for traffic enforcement and response to
accidents and other calls for service. Our analysis indicates that it is more cost effective to lease these
vehicles with maintenance included in the contract than to purchase and maintain them internally.
Harley- Davidson of Dallas was the only bidder because of the inclusion of maintenance in the
agreement. Our current lease, also with Harley - Davidson of Dallas, expired on January 1, 2003. The
bid of $299.00 per month is the same cost per month as last year's contract. These ten motorcycles
reflect an increase of three due to the addition of three traffic officers this year. The total cost of the
lease is $35,880.00 for the year. Contact Rick Black with any comments or questions.
Agenda Item No. 5C. Authorize the Mayor to execute a commercial developer's agreement for Town
Square, Block 23, a 4.65 acre site located in the southeast corner of Town Square The final plat was
approved for Town Square, Block 23 on January 31, 2002. The developer is installing 300 linear feet
of waterline, 650 linear feet of sanitary sewer line, 624 linear feet of underground storm sewer and 335
linear feet of public street. The developer's agreement covers the construction of all these public
improvements.
This proposed agreement is similar to the developer's agreements for Town Square Phase I and II in
that the City agrees to pay to the developer 40% of the cost of all public streets, sidewalks, landscaping
Honorable Mayor and Members of City Council
Agenda Item Comments and Other Items of Interest
City Council Meeting January 7, 2003
Page 2 of 10
and associated streetscape improvements in an amount not to exceed $165,000. The developer
requests that the City's payments to developer be met from available TIRZ tax revenue commencing
with the tax year beginning January 1, 2004. However, should there be insufficient TIRZ tax revenue
from Southlake Town Square to meet the payment obligation to developer under Phase I, Phase II and
Block 23, a combination of the TIRZ tax revenue, the personal property tax revenue, and sales tax
revenue from Block 23 will be used for the payment. These are basically the same conditions as set up
in the developer's agreements for Phase I and Phase IL In Phase I, the developer dedicated 1.755 acres
for the Band Shell Park. The requirement for Phase I was 0.84 acres. The Park Board recommended
that the developer be allowed to carry over the excess dedication (0.9 acres) to be applied to future
phases. The developer was allowed to use 0.16 acres in Phase II and carry over 0.74 acres. Block 23
requires 0.07 acres to be used from the 0.74 leaving 0.67 acres to carry over to future phases. If you
have any questions, contact Pedram Farahnak.
Agenda Item No. 5D. Ordinance No. 480 -224a, 2" d Reading (ZA02 -042) Zoning Change and Concept
Plan for Southlake Town Square, Agenda Item No. 5E. ZA02 -043, Development Plan for Southlake
Town Square, Phase IV, and Agenda Item No. 5F. ZA02 -044, Preliminary Plat for Southlake Town
Square, Phase IV. These items have been placed on the consent agenda table until the City Council
meeting to be held January 21, 2003 awaiting the outcome of the work session to be held on January 6,
2003 for the "DT" Downtown District. If you have any questions regarding these items, please contact
Bruce Payne or Dennis Killough.
Agenda Item No. 7A. Ordinance No. 837, 2 " Reading, Appointing an Alternate Municipal Judge and
authorizing the Mayor to execute an agreement with the Alternate Municipal Judge and providing an
effective date On October 15, 2002 the Southlake City Council formally accepted the resignation of
Associate Judge Andrew Wambsganss. The Council then met with Judge Carol Montgomery on
November 5, 2002, and tasked her with narrowing the list of prospective alternate judge applicants to
three candidates. Judge Montgomery met with all known applicants and recommended three
candidates be considered for the Alternate Judge's position. On December 17, 2002, Council approved
Ordinance No. 837 on first reading, appointing Mr. Gary Lee Hach as Alternate Municipal Judge. The
agreement is included with the ordinance as Exhibit A. If you have any questions contact Sean
Leonard or Sharen Elam.
Honorable Mayor and Members of City Council
Agenda Item Comments and Other Items of Interest
City Council Meeting January 7, 2003
Page 3 of 10
Agenda Item No. 7B. Resolution No. 03 -005, (ZA02 -100) Specific Use Permit for sale of alcoholic
beverages at Po Melvin's Down Home Cooking, Inc. The property is located at 355 N. Carroll Avenue,
on the east side of North Carroll Avenue approximately 300' north of Prospect Street. This restaurant
will be located in the space formerly occupied by Cactus Flower Caf6 and the Wild Birds Center. The
Cactus Flower Caf6 had a SUP for alcohol sales with a ten (10) year limit. However, the Specific Use
Permit expired since the Cactus Flower closed and ceased the use for a period in excess of six (6)
months.
The Planning and Zoning Commission recommended approval of the SUP (7 -0) on December 19,
2002. If you have any questions regarding this item, please contact Bruce Payne or Dennis Killough.
Agenda Item No. 7C. Resolution No. 03 -006, (ZA02 -106) Specific Use Permit for the sale of tires,
batteries and automobile accessories at Car Toys. The property is located at 2171 E. Southlake
Boulevard. This is the most western building of the Lone Star Commons (formerly Dallas Foam), east
of the Gateway Church. The purpose of this request is to receive approval of a specific use permit for
"tires, batteries and automobile accessory sales" as required by the Corridor Overlay Zone (Section
43.6) regulations. The applicant has limited their request to automobile accessories (i.e. mobile
electronics). There are no changes to the approved site plan necessary by this request. However, you
may note that the plan included in your packet has been updated to reflect the cross access drive with
the Gateway Church and the relocation of the eastern driveway in accordance with the recently
approved master thoroughfare plan amendment.
The Planning and Zoning Commission recommended approval on December 19, 2002, (6 -0), limiting
the specific use permit to Bldg. A for the sales and installation of mobile electronics, wireless phones,
and DTV, and subject to letter Attachment "C" regarding the SPIN meeting summary.
If you have any questions regarding this item, please contact Bruce Payne or Dennis Killough.
Agenda Item No. 7D. Ordinance No. 480 -411, 1 St Reading (ZA02 -107) Zoning Change for Pecan
Creek. The property is located at 711 E. Southlake Boulevard, east of the Villages at Timarron, and is
part of the Pecan Creek retail and office concept plan that was approved in October of 2001. The
Honorable Mayor and Members of City Council
Agenda Item Comments and Other Items of Interest
City Council Meeting January 7, 2003
Page 4 of 10
approved concept plan contained a "C -2" retail lot at the northwest corner of the property with "O -1"
office on the remaining lots. The developer has reduced the size of the original "C -2" lot boundary,
leaving a portion of "C -2" zoned property in the adjoining "O -1" lot boundary. Since two zonings
cannot be within one lot (known as split lot zoning) a change to "O -1" is required. This request does
not make any other significant changes being made to the original concept plan. An exhibit showing
the proposed boundary change is included as Attachment `C' in your packet.
The Planning and Zoning Commission recommended approval (7 -0) on December 19, 2002. If you
have any questions regarding this item, please contact Bruce Payne or Dennis Killough.
Agenda Item No. 7E. ZA02 -051, Site Plan for Pecan Creek. This is the site plan for the "C -2" retail
lot in the Pecan Creek development, east of Villages at Timarron. The original concept plan proposed
a single pad site of approximately 10,000 square feet of retail /restaurant use. The site plan proposes
two single story retail /restaurant buildings totaling approximately 11,000 square feet. The buildings
and parking areas are generally within the building area established by the original concept plan. It
appears this plan conforms to the original concept plan. One of the buildings is under 6,000 square feet
which requires that it have a pitched type roof. The applicant is requesting a variance to this
requirement so that they may better match the building with the architecture of the buildings in
Villages at Timarron and with the other retail building on this site that does not require the pitched
roof.
The Planning and Zoning Commission recommended approval (7 -0) subject to review on December
19, 2002 allowing the requested variance for the pitched roof.
If you have any questions regarding this item, please contact Bruce Payne or Dennis Killough
Agenda Item No. 7F. Resolution No. 03 -004, (ZA02 -099) Specific Use Permit for the sale of alcoholic
beverages on property described as a portion of Lot 2A & 213, Dilg Place. This is a request to allow sale
of alcoholic beverages within Building 2 shown on the site plan of the previous agenda item. The
applicant, O & W Wine Cellars, proposes a retail wine store for sale of packaged wines and food
products. A brochure describing their business is included as Attachment `G' in your packet.
Honorable Mayor and Members of City Council
Agenda Item Comments and Other Items of Interest
City Council Meeting January 7, 2003
Page 5 of 10
The Planning and Zoning Commission recommended approval (7 -0) on December 19, 2002. If you
have any questions regarding this item, please contact Bruce Payne or Dennis Killough
Agenda Item No. 7G. ZA02 -052, Preliminary Plat for Pecan Creels on property described as Lots 2A,
2B, and 2C in Dilg Place and being approximately 9.88 acres This is the preliminary plat for the
previous agenda items and the remaining office pads to the south. There are no unresolved issues
regarding this request. The applicant has agreed to make the necessary changes noted in the staff
review summary.
The Planning and Zoning Commission recommended approval (7 -0) subject to review on December
19, 2002. If you have any questions regarding this item, please contact Bruce Payne or Dennis
Killough
Agenda Item No. 7H. ZA02 -054, Plat Vacation for Lots 2A, 213, and 2C, Block 1, Dilg Place located
at 711 East Southlake Boulevard (FM 1709), and being approximately 10 acres The purpose of this
request is to vacate the remaining lots of Dilg Place to allow filing of new final plats in connection
with development of Pecan Creek.
The Planning and Zoning Commission recommended approval (7 -0) on December 19, 2002. If you
have any questions regarding this item, please contact Bruce Payne or Dennis Killough
Agenda Item No. 8A. Ordinance No. 480 -411, 1 St Reading (ZA02 -089) Zoning and Concept Plan for
Shady Oaks Development The property is located at 606 West Southlake Blvd. and is the four acre
tract at the northwest corner of Shady Oaks Drive and West Southlake Blvd. The current zoning is AG.
The original zoning request was for 0-1, but was amended by the applicant to S -P -2 with 0-1 uses and
regulations during the first hearing before the P &Z. The concept plan proposes seven single -story
office buildings between 5,000 and 6,000 square feet each, totaling approximately 40,500 square feet.
Variances for driveway spacing along Southlake Boulevard (500' spacing required, 455' provided) and
to allow a commercial driveway onto a collector street (Shady Oaks Drive) are being requested. The
driveway onto Shady Oaks was included at the recommendation of staff Since the Shady Oaks
Honorable Mayor and Members of City Council
Agenda Item Comments and Other Items of Interest
City Council Meeting January 7, 2003
Page 6 of 10
intersection is controlled by a traffic light, access to this intersection would better serve traffic
movements than a single drive onto Southlake Boulevard. Staff has also required a common access
easement across the property that would allow future development to the west access to the controlled
intersection rather than being fully dependent upon access to Southlake Boulevard.
Color photos showing the types of design themes the applicant will be selecting from are included as
part of Attachment `H' in your packet
Note that this request does not comply with the recommendations of the Land Use Plan. The Land Use
Plan recommends Low Density Residential development for this area. This category is for detached
single family development with a density of one or fewer dwelling units per acre. Other suitable land
uses for this category are parks, open space or semi- public uses. The Low Density Residential category
does not include office or retail commercial uses. A justification for approving zoning contrary to the
Land Use Plan is included in a letter from the applicant as part of Attachment `C' in your packet. If the
Council approves this zoning change, justification should be included in the motion.
The Planning and Zoning Commission recommended denial (7 -0) on December 19, 2002. Due to the
recommendation for denial by the Planning and Zoning Commission, a super majority vote in the
affirmative (3/4 of the all the members of the City Council) is needed if this request is to be approved.
If you have any questions regarding this item, please contact Bruce Payne or Dennis Killough.
Agenda Item No. 8B. Ordinance No. 480 -412, l Reading,(ZA02 -097) Zoning Change for Tract
2AIA, A.A. Freeman Survey, Abstract No. 522 and Lot 2, A.A. Freeman No. 522 Addition The
property is 1.6 acres located at 545 and 565 N. Peytonville Avenue. The current zoning is SF -30 and
AG. The purpose of this request is to place SF-IA zoning on two properties so that they can be
combined into a single residential lot for construction. A plat revision combining the two properties is
being processed concurrently with this request (ZA02 -102). There are no unresolved issues regarding
this request.
The Planning and Zoning Commission recommended approval (7 -0) on December 19, 2002. If you
have any questions regarding this item, please contact Bruce Payne or Dennis Killough.
Honorable Mayor and Members of City Council
Agenda Item Comments and Other Items of Interest
City Council Meeting January 7, 2003
Page 7 of 10
Agenda Item No. 8C. ZA02 -102, Plat Revision for Lot 2R, A.A. Freeman No. 522 Addition, being a
revision of Lot 2 of the A.A. Freeman Addition and including Tract 2AlA of the A.A. Freeman
Survey, Abstract No. 522 and being approximately 1.6 acres. These properties are located at 545 and
565 North Peytonville Avenue This is the plat revision associated with the previous agenda item. The
purpose of this request is to combine an un- platted tract of land with a platted lot to make one larger lot
for residential use. There are no unresolved issues regarding this request.
The Planning and Zoning Commission recommended approval (7 -0) subject to review on December
19, 2002. If you have any questions regarding this item, please contact Bruce Payne or Dennis
Killough.
Agenda Item No. 8D. Ordinance No. 480 -413, 1 st Reading, (ZA02 -098) Zoning Change for Tract No.
9133, John J. Freshour Survey, Abstract No. 521 located at 2391 Florence Road. The property is
approximately 2 acres located on the south side of Florence Road approximately 420 feet from Randol
Mill. The current zoning on the property is AG. The purpose of this request is to place SF -lA zoning
on the property for the construction of a private residence.
The Planning and Zoning Commission recommended approval (7 -0) on December 19, 2002. If you
have any questions regarding this item, please contact Bruce Payne or Dennis Killough.
Agenda Item No. 8E. Variance to the Subdivision Ordinance No. 483, Section 8.O1E, as amended,
requiring a minimum lot width of 125 feet at the rear property line on certain lots, as it pertains to Case
ZA02 -103, Plat Showing, Lot 13, J.J. Freshour No. 521 Addition, located at 2391 Florence Road,
being approximately two acres. This request is associated with the previous agenda item. This is a pre-
existing single tract of land having an approximate rear property line width of 120 feet. The tract abuts
platted lots to the south that are one acre or larger which, according to the Subdivision Ordinance No.
483, Section 8.0l.E, as amended, requires a minimum lot width of 125 feet at the rear property line.
The property owner is unable to comply with this requirement and is requesting a variance.
If you have any questions regarding this item, please contact Bruce Payne or Dennis Killough
Honorable Mayor and Members of City Council
Agenda Item Comments and Other Items of Interest
City Council Meeting January 7, 2003
Page 8 of 10
Agenda Item No. 8F. Ordinance No. 480 -414, 1 st Reading, (ZA02 -101), Zoning Change for Tract No.
2, William Martin Survey, Abstract No. 1068 This property is approximately 10 acres, located at
1850 Randol Mill Avenue. The current zoning is AG. The purpose of this request is to place SF-IA
zoning on the property for residential development
The Planning and Zoning Commission recommended approval (7 -0) on December 19, 2002. If you
have any questions regarding this item, please contact Bruce Payne or Dennis Killough
Agenda Item No. 10A. Approval of a variance to Sign Ordinance No. 704 -A for Car Toys Todd
Johnson of Starlite Sign, on behalf of Car Toys, an auto electronics store located at 2171 East
Southlake Boulevard, is seeking a variance to Sign Ordinance 704 -A to: (1) increase the number of
signs from one allowed sign per street frontage to three; (2) increase the allowed letter height from 18
inches for a sign less than 151 feet from the R.O.W. /property line to 36 inches; (3) increase allowed
sign area from an allowed area of 48.75 square feet for a store front 65 feet wide to a total area of
101.75 square feet for all three signs; and (4) increase allowed sign width for one sign located on a
horizontal articulation 14 feet wide from the allowed 10.5 feet to 12.6 feet. Contact Rick Black with
any comments or questions on this item.
OTHER ITEMS OF INTEREST
The Southlake Public Library was contacted by Mike McCollum of the Fort Worth Brahmas Hockey
team regarding a book drive to benefit the library. The Fort Worth Brahmas Foundation has entered
into a partnership with the Verizon Foundation and their "Hooked on Reading" program. At Verizon's
request, the Southlake Public Library is being included as one of the libraries to benefit from the
proceeds of the book drives. Two book drives will be held -- one on game date January 12, the other
on game date February 28. For each book received, the donor will receive two free game tickets for
future games. For more information, please contact Laura Highlander, Library Administrator, or
Assistant to the City Manager John Eaglen.
Employee Awards Banquet. Please note that the date for the annual employee awards banquet has
been changed to Saturday, Feb. 1, 2003, 6:00 p.m. (with dinner at 6:30 p.m.). The banquet will be held
Honorable Mayor and Members of City Council
Agenda Item Comments and Other Items of Interest
City Council Meeting January 7, 2003
Page 9 of 10
at the Austin Ranch in Grapevine. This is a very important event to me, and I hope you can be with us
this year to help honor outstanding city employees.
Status of Selected Lawsuits/Legal Issues. The following is brief information on the status of selected
lawsuits and /or claims against the city. We often do not have the time or ability to discuss these items
in detail in Executive Session, so we will be periodically providing brief status reports on selected
items in my memo. If you have questions about any of these items, feel free to contact Shana
Yelverton.
• Kalal, Gene & Dana v. City of Southlake: You will recall that this lawsuit stems from a
dispute with the Kalals regarding work done as part of the Cross Timber Hills sewer project.
Please note that the lawsuit has been dismissed pursuant to a settlement reached with the
contractor's insurance company.
• Claim of Mr. Scott Hanle regarding Cross Timber Hills Sanitary Sewer Project: The
Hanle's have reached an agreement with the City of Southlake to settle this claim for $10,000.
• Fox, Leona & Raymond v. City of Southlake: You will recall that this lawsuit stems from a
dispute with the Foxes regarding the purchase of a portion of their property on N. Shady Lane
for public works improvements. The City and Foxes are currently engaged in the discovery
process. A court date has been set for February 13, 2003 for the Foxes' request for partial
summary judgment (96 District Court). Note that they have also requested a jury trial on or
about April 21, 2003.
• City of Southlake v. Timarron Land Corp., et. al: The latest development in this case is
Judge Paul Enlow's order for mediation, originally set for December 10, 2002. Although the
parties met and discussed a possible resolution to the matter, the actual mediation was
ultimately postponed until January 10, 2003. A court date has been set for January 23, 2003 for
consideration of a motion for summary judgment by Maxim Engineers, Inc. We hope to
discuss the legal issues with you in late January or early February.
Honorable Mayor and Members of City Council
Agenda Item Comments and Other Items of Interest
City Council Meeting January 7, 2003
Page 10 of 10
• Former employee lawsuits: These are both claims of discrimination by police officers.
Although we have begun the discovery process anticipating spring trial dates, mediation has
been scheduled.
Also attached to my memo:
• Kudos (hard copy only)
IN
Staff Extension Numbers:
Black, Rick, DPSDirector, 481 -2406
Campbell, Billy, City Manager, 481 -1409
Eaglen, John, Assistant to the City Manager, 481 -1433
Elam, Sharen, Finance Director, 481 -1713
Farahnak, Pedram, Public Works Director, 481 -2308
Farwell, Lori, City Secretary, 481 -1519
Highlander, Laura, Library Administrator, 481 -5727
Hugman, Kevin, Director of Human Resources, 481 -1527
Jackson, Malcolm, Interim Director of Community Services, 481 -1527
Killough, Dennis, Senior Planner, 481 -2073
Last, Greg, Director of Economic Development, 481 -1671
Payne, Bruce, Planning Director, 481 -2036
Polasek, Steve, Deputy Director of Community Services, 481 -1543
Yelverton, Shana, Assistant City Manager, 481 -1429