Item 5ACity of Southlake
CITY COUNCIL MEETING
March 5, 2002
MINUTES
CITY COUNCIL PRESENT Mayor Rick Stacy, Mayor Pro Tem W. Ralph Evans, Councilmembers:
Rex Potter, Keith Shankland, Greg Standerfer, and Tom Stephen.
CITY COUNCIL ABSENT: None
STAFF PRESENT Assistant City Manager Shana Yelverton, Assistant to the City Manager John
Eaglen, Public Information Officer James Kunke, Community Services Director Kevin Hugman, Senior
Parks Planner Chris Carpenter, Finance Director Sharen Elam, Planning Director Bruce Payne, Senior
Planner Dennis Killough, Public Works Director Pedram Farahnak, Senior Engineer Charlie Thomas,
Senior Civil Engineer Mike Hutchison, Director of Public Safety Rick Black, Chief of Building Services
Malcolm Jackson, Director of Economic Development Greg Last, Economic Development Specialist
Betsy Boyett, City Attorney Debra Drayovitch, Acting City Secretary Kim Bush, and Administrative
Secretary Lori Farwell.
WORK SESSION The work session was called to order by Mayor Rick Stacy at 5:38 p.m.
REGULAR SESSION
Agenda Item No. 1, Call to order. The regular session was called to order by Mayor Rick Stacy at 5:53
p.m.
Agenda Item No. 2A, Executive Session: Mayor Rick Stacy announced that the City Council would be
going into Executive Session pursuant to the Texas Government Code, Section 551.071, consultation
with city attorney; Section 551.072, deliberation regarding real property; Section 551.074, deliberation
regarding personnel matters; Section 551.086, deliberation regarding economic development
negotiations. City Council adjourned for Executive Session at 5:54 p.m.
Agenda Item No. 2B, Reconvene: City Council reconvened at 6:55 p.m. There was no action necessary
as a result of the Executive Session.
Agenda Item No. 3, Invocation. The invocation was presented by David Whitington, Pastor of Christ Our
King Church.
Agenda Item No. 4, Reports
A. Mayor's Report: The Mayor announced upcoming meetings and stated that March 20 is the
last day to file as a candidate for City Council.
B. City Manager's Report: None
C. SPIN Report: Andrea Brankin, SPIN Executive Committee member, said the Joint City
Council /SPIN meeting was moved from the week of Spring Break to March 26 at 7:00 p.m.
D. Committee Reports: none
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E. Local Business Report: Economic Development Director Greg Last introduced Inga Boyer,
President of GermanDeli.com, who made a brief presentation to City Council.
Consent Agenda Items:
5A. Approval of the minutes of the City Council meeting held on February 19, 2002. Approved as
presented.
5B. Resolution No. 02 -012, Appointment of Deputy Mayor Pro Tem Deleted from this agenda.
5C. Approve recommendation to move April 2, 2002, City Council meeting to April 1, 2002
Approved for April 1, 2002.
5D. Award of contract to Marpave, Inc., for the construction of the North Peytonville Avenue
Rehabilitation Project from Raven Bend Court to Dove Street with a 12 -inch water line and storm
drainage improvements in Vista Trails subdivision Staff recommends award of contract to
Marpave, Inc., in the amount of $1,013,312.62.
5E. Resolution No. 02 -013 (ZA01 -142) Specific Use Permit for the sale of alcoholic beverages for Little
Italy restaurant, located in a portion of Building 1C, Lot 4, Block 1R, Southlake Town Square, Phase
L Staff recommended tabling to the April 1 City Council meeting.
5F. Ordinance No. 480 -391. 1 St Reading (ZA01 -124) Rezoning and Concebt Plan for Remington
Retirement Community, located on the south side of West Southlake Boulevard (FM 1709), south of
the intersection of West Southlake Boulevard (FM 1709) and West Jellico Circle. Current Zoning S-
P-2 Generalized Site Plan District to include personal care facility, nursing care facility, and (senior)
multi - family residential uses. Requested Zoning: S -P -2 Generalized Site Plan District to include
personal care facility, nursing care facility, (senior) multi - family residential and (senior) two - family
residential uses Staff recommended tabling to the March 19 City Council meeting.
5G. ZA01 -125, Site Plan for Remington Retirement Community, located on the south side of West
Southlake Boulevard (FM 1709), south of the intersection of West Southlake Boulevard (FM 1709)
and West Jellico Circle. Current Zoning: S -P -2 Generalized Site Plan District to include personal care
facility, nursing care facility, and (senior) multi - family residential uses. Proposed Zoning: S -P -2
Generalized Site Plan District to include personal care facility, nursing care facility, (senior) multi-
family residential and (senior) two - family residential uses Staff recommended tabling to the March 19
City Council meeting.
8A. Ordinance No. 824. 1 St Reading_ Providing authorization for Municibal Court of Record civil
jurisdiction in enforcement of health and safety and nuisance abatement matters Ordinance No.
824 is a result of a legislative amendment to Section 30.00005 of the Texas Local Government
Code. Adoption of this ordinance amends our Code of Ordinance and brings it in alignment with
state law.
9A. Resolution No. 02 -014, Appointing member to SPDC to fill the unexpired term of Tad Stephens
Deleted from this agenda.
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10A. Request for a variance to Sign Ordinance No. 704 -A for Ron D. Groves, DDS, located at 2105
W. Southlake Boulevard, Suite 245 Dr. Ron Groves is requesting a variance to allow a 47 square
foot total sign area. The maximum allowed area for this site would be 22.5 square feet.
1013. Authorize the Mayor to execute an Interlocal Agreement between the City of Southlake and the
City of Colleyville to supply water service to the Timarron, Village H, Phase 3, Subdivision This
portion of the Timarron subdivision is located within the city limits of Colleyville but within
Southlake's Certificate of Convenience and Necessity ( "CCN ") for water service. The Interlocal
Cooperation Act, Chapter 791 of the Texas Government Code, authorizes city governments
within the State of Texas to contract with one another for the provisions of various governmental
services, including water facilities. Staff recommends approving the agreement to supply water
service to this area.
IOC. Award of contract to Wright Construction Co., Inc., for the construction of the Johnson Road
Rehabilitation Project from Pearson Lane to Randol Mill with 12 -inch water line and 8 -inch sewer
line. Staff recommends award of contract to Wright Construction Co., Inc., in the amount of
$1,707,164.00.
IOD. Consider agreement with the cities of Southlake_ Westlake_ Keller. and Tarrant Countv for the
expansion of FM 1938 Staff recommends approving this agreement in order to stipulate the
precise responsibilities of each local government relating to this project. Commissioner Glen
Whitley initiated the agreement due to his concern over the open -ended nature of the minute
order approved by the Transportation Commission.
Motion was made to approve consent agenda items #s 5A, 5C, 5D, 5E, 5F, 5G, adding items 8A, 10A,
lOB, 10C, and lOD as presented above; and deleting items #s 5B and 9A.
Motion:
Stephen
Second:
Standerfer
Ayes:
Stephen, Evans, Shankland, Standerfer, Potter, Stacy
Nays:
none
Approved:
6 -0
Agenda Item No. 6A. Public Forum.
Mike McClendon, 600 Briarridge Road, Southlake, Texas, asked that City Council support Keith Self for
U.S. Congress District 26.
Agenda Item No. 7A. Ordinance No. 480 -390, 2 nd Reading (ZA01 -126) Rezoning and Revised Site Plan
for Bicentennial Park located on the north side of West Southlake Boulevard (FM 1709), the west side of
North White Chapel Boulevard, and the east side of Shady Oaks Drive. Current Zoning is S -P -2 -
General Site Plan District Regulations with CS - Community Service District uses. Requested Zoning is
CS - Community Service District. Senior Planner Dennis Killough presented Ordinance No. 480 -390. He
stated that the P &Z Commission recommended approval at its February 7 meeting subject to the Site
Plan Review Summary No. 3, dated February 1, 2002, specifically approving requested variances for
bufferyard relief and allowing a 100 foot tower. City Council recommended approval of 1 St reading on
February 19 on consent. Peter Cavanaugh of Cingular Wireless, 1620 Handley Drive, Dallas, Texas, was
present to answer questions from the Council.
In accordance with Section 4.21 of the Charter, the caption for this item is listed as follows:
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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 2R2, L.B.G. Hall No.
686 Addition; Tracts 1, 1B, 1C1, 1C2, 1C3, IE, 2A1, 2A2, 2B, 2B1,
3C1A, 3C, 3D, 3131, 3D1A, and 3136, situated in the Littleberry G. Hall
Survey, Abstract No. 686, and being 74.754 acres, and more fully and
completely described in Exhibit 'A' from S -P -1 Detailed Site Plan District
Regulations with CS Community Service District uses to CS Community
Service District, as depicted on the approved Concept 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.
Mayor Stacy opened the Public Hearing.
Paul Bezdeck, 1807 Concord Lane, Denton, Texas, requested that the City Council approve this tower to
serve five carriers instead of two. He said he is a contractor who has completed three installations in
Southlake and would be willing to share the costs with Cingular.
Mr. Cavanaugh said that currently the tower allows room for two carriers with Cingular being in the top
section but if technology can make it work, you may be able to get more carriers in there. He said that
typically you keep antennas 10 feet apart. He said the city will own this structure once it is constructed.
Mayor Stacy closed the Public Hearing.
After discussion, the Council agreed to allow the variance to the tower height to be 110 feet instead of
100 feet.
Councilmember Shankland suggested that the area surrounding the base of the clock tower be used for a
memorial to veterans on one side and possibly have Southlake historical information on another side.
Motion was made to approve the 2nd reading of Ordinance No. 480 -390, ZA01 -126, subject to Site Plan
Review Summary No. 3, dated February 1, 2002, granting the variances as shown and increasing the
variance on the tower height from 100 feet to 110 feet.
Motion: Standerfer
Second: Stephen
Ayes: Evans, Shankland, Standerfer, Potter, Stephen, Stacy
Nays: none
Approved: 6 -0
Agenda Item No. 7B. Resolution No. 02 -011 (ZA02- 003 )Specific Use Permit for a Cingular Wireless
antenna at Bicentennial Park. Senior Planner Dennis Killough presented Resolution No. 02 -011. He
stated that the P &Z Commission recommended approval at its February 7 meeting. Peter Cavanaugh of
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Cingular Wireless, 1620 Handley Drive, Dallas, Texas, was present to answer questions from the
Council.
In accordance with Section 4.21 of the 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 telecommunication tower on property within the
City of Southlake, Texas, being legally described as Lot 2R2, L.B.G. Hall
No. 686 Addition, and Tracts 1, 113, 1C1, 1C2, 1C3, lE, 2A1, 2A2, 213,
2131, 3C1A, 3C, 3D, 3D1, 3D1A, and 3D6, situated in the Littleberry G.
Hall Survey, Abstract No. 686, and being 74.754 acres, more fully and
completely described in Exhibit 'A', and as depicted on the approved site
plan attached hereto and incorporated herein as Exhibit '13' and providing
an effective date.
There were no comments from the audience during the Public Hearing.
Motion was made to approve Resolution No. 02 -011
Motion:
Standerfer
Second:
Shankland
Ayes:
Shankland, Standerfer, Potter, Stephen, Evans, Stacy
Nays:
none
Approved:
6 -0
Agenda Item No. 7C. ZA01 -137, Plat Revision for Bicentennial Park located on the east side of Shady
Oaks Drive, on the north side of West Southlake Boulevard (FM 1709), and on the west side of North White
Chapel Boulevard. Current Zoning: "S -P -l" Detailed Site Plan District Regulations with "CS" Community
Service District uses Senior Planner Dennis Killough presented case number ZA01 -137. He stated the
P &Z Commission recommended approval at its February 21 meeting subject to Plat Review Summary
No. 2, dated February 15, 2002.
Motion was made to approve ZA01 -137, subject to Plat Review Summary No. 2, dated February 15,
2002.
Motion: Standerfer
Second: Stephen
Ayes: Standerfer, Potter, Stephen, Evans, Shankland, Stacy
Nays: none
Approved: 6 -0
Auenda Item No. 7D. Ordinance No. 480 -387. 2nd Reading (ZA01 -136) Rezoning of abbroximatel
2.292 acres of land located at 2889 Lonesome Dove Road. Current Zoning is AG - Auricultural District.
Requested Zoning is SF-IA — Single Family Residential District Senior Planner Dennis Killough
presented Ordinance No. 480 -387. He stated the P &Z Commission recommended approval at its
February 7 meeting. City Council recommended approval on l gt reading at its meeting on February 19.
In accordance with Section 4.21 of the Charter, the caption for this item is listed as follows:
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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 Tract IA situated in the John
Childress Survey, Abstract No. 254, and being 2.292 acres, and more fully
and completely described in Exhibit 'A' from AG Agricultural 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 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.
There were no comments from the audience during the Public Hearing.
Motion was made to approve Ordinance No. 480 -387, ZA01 -136, 2n Reading.
Motion: Stephen
Second: Standerfer
Ayes: Potter, Stephen, Evans, Shankland, Standerfer, Stacy
Nays: none
Approved: 6 -0
Agenda Item No. 7E. Ordinance No. 480 -388, 2n Reading (ZA01 -138) Rezoning of approximately
5.386 acres of land located at 4000 N. White Chapel Boulevard. Current Zoning is RE — Single Family
Residential Estate District. Requested Zoning is SF-IA — Single Family Residential District. Senior
Planner Dennis Killough presented Ordinance No. 480 -388. He stated the P &Z Commission
recommended approval at its February 7 meeting. City Council recommended approval on lgt reading at
its meeting on February 19. The applicant for this item was called out of town but asked that Council to
go ahead and take action on it if they had no issues.
In accordance with Section 4.21 of the 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 2, R.D. Price No. 992 Addition, an addition to the City of Southlake, Denton
County, Texas, according to the plat recorded in Cabinet Q, Page 197, Plat Records
Denton County, Texas, and being approximately 5.227 acres, and more fully and
completely described in Exhibit 'A' from RE Single Family Residential Estate 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 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.
There were no comments from the audience during the Public Hearing.
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Motion was made to approve Ordinance No. 480 -388, ZA01 -138, 2 nd Reading.
Motion: Standerfer
Second: Stephen
Ayes: Stephen, Evans, Shankland, Standerfer, Potter, Stacy
Nays: none
Approved: 6 -0
Agenda Item No. 7F. Ordinance No. 480 -389, 2 nd Reading (ZA02 -004) Rezoning of approximately 0.95
acres of land located in the 800 block of East Bob Jones Road, legally described as H.A. Throop Survey,
Abstract 1237D, Tract 15. Current Zoning is AG — Agricultural District. Requested Zoning is SF -30 —
Single Family Residential District. Senior Planner Dennis Killough presented Ordinance No. 480 -389. He
stated the P &Z Commission recommended approval at its February 7 meeting. City Council
recommended approval on 1 st reading at its meeting on February 19. The applicant was present to answer
questions.
In accordance with Section 4.21 of the 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 Tract 15, H.A. Throop Survey, Abstract No. 1237D, being
approximately 0.95 acres, and more fully and completely described in Exhibit 'A'
from AG Agricultural District to SF -30 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 severability clause; providing for a
penalty for violations hereof, providing; providing a savings clause; providing for
publication in the official newspaper; and providing an effective date.
There were no comments from the audience during the Public Hearing.
Motion was made to approve Ordinance No. 480 -389, ZA02 -004, 2 nd Reading.
Motion: Stephen
Second: Evans
Ayes: Evans, Shankland, Standerfer, Potter, Stephen, Stacy
Nays: none
Approved: 6 -0
Auenda Item No. 7G. ZA02 -009. Site Plan for Carroll Elementary School_ located on the southwest side
of the intersection of South Pevtonville Avenue and West Continental Boulevard. Current Zoning is CS -
Community Service District. Senior Planner Dennis Killough presented ZA02 -009. He stated the P &Z
Commission recommended approval at its February 21 meeting subject to Site Plan Review Summary No. 1,
dated February 15, 2002, specifically acknowledging item #1. He said the school is requesting a waiver of the
processing fees related to this request. The fees for the site plan and platting are $1,220.
Brent Kline, CISD, 3051 Dove Road, Southlake, Texas, presented this item and requested a waiver of the fees.
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There were no comments from the audience during the Public Hearing.
Motion was made to approve ZA02 -009 subject to Site Plan Review Summary No. 1, dated February 15,
2002, waiving the $1,220 fee.
Motion: Standerfer
Second: Evans
Ayes: Standerfer, Potter, Evans, Stacy
Nays: Shankland, Stephen
Approved: 4 -2
Agenda Item No. 12. Adjournment. There being no further business to discuss the meeting was adjourned
at 7:55 p.m.
Submitted by:
Lori Farwell, Administrative Secretary
ATTEST:
Mayor Rick Stacy
Kim Bush, Acting City Secretary
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