2002-10-15 CITY OF SOUTHLAKE
REGULAR CITY COUNCIL MEETING: OCTOBER 15, 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 the City Attorney regarding Tarrant County request
to reimburse the 25 year CDBG funding allocated for sewer line
construction at Oak Lane North and South.
b. Seek advice from the City Attorney regarding the Fair Housing
Law and the Texas Manufactured Housing Act.
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. A. INVOCATION: Chaplain of the month, Father Ken Robinson, St. Francis
Catholic Church
B. PRESENT COLORS, PLEDGE OF ALLEGIANCE, PRESENTATION OF
PROCLAMATION: Boy Scout Troop #928
4. REPORTS:
A. Mayor's Report
B. City Manager's Report
1. Chamber of Commerce Report on Oktoberfest
C. SPIN Report
City of Southlake
City Council Meeting Agenda
October 15, 2002
Page 2 of 5
D. Parks and Recreation Board Report
E. Committee Reports
1. Drug and Alcohol Awareness Committee
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 Work Session held on September 26,
2002, and the City Council regular meeting held on October 1, 2002.
B. Authorizing the Mayor to enter into an Exhibition Agreement with
SculptureWorks, Inc., of Fort Worth for a rotating public art display in the
Southlake Public Library.
C. Accepting resignation of Andrew Wambsganss as City of Southlake Alternate
Judge.
D. 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 NOVEMBER 19, 2002,
CITY COUNCIL MEETING.
E. Ordinance No. 480 -224a, 1 Reading (ZA02 -042) Zoning Change and Concept Plan
for Southlake Town Square, located on the south side of State Highway 114, north
side of East Southlake Boulevard (FM 1709) and east side of North Carroll Avenue.
Current Zoning: NR -PUD Non - Residential Planned Unit Development District.
Requested Zoning: NR -PUD Non - Residential Planned Unit Development District.
SPIN Neighborhood #8. TABLED TO THE NOVEMBER 5, 2002, CITY
COUNCIL MEETING.
REGULAR AGENDA
6. Public Forum.
7. Ordinances, second readings, public hearings, and related items:
A. Ordinance No. 483 -I, 2 Reading, Amending Subdivision Ordinance No. 483,
Article VII, to include proposed changes to the Park Dedication procedural
requirements. PUBLIC HEARING
City of Southlake
City Council Meeting Agenda
October 15, 2002
Page 3 of 5
B. Ordinance No. 480 -QQ, 2nd Reading, An amendment to the Comprehensive Zoning
Ordinance No. 480, as amended, as it pertains to manufactured housing. PUBLIC
HEARING
C. Ordinance No. 483 -J, 2nd Reading, An amendment to the Subdivision Ordinance
No. 483, as amended, as it pertains to manufactured housing. PUBLIC
HEARING
D. Ordinance No. 480 -NN, 2nd Reading, Amendment to the Comprehensive Zoning
Ordinance No. 480, as amended, Sections 29 "MH — Manufactured Housing"
district, Section 34 "Accessory Uses" and Section 44 "Board of Adjustments."
PUBLIC HEARING
8. Ordinances, first readings, and related items:
A. Ordinance No. 480 -405, 1 Reading (ZA02 -079) Zoning Change for 1709 North
Carroll Avenue being approximately 1.17 acres. Current Zoning: AG Agricultural
District. Requested Zoning: SF -1A Single Family Residential District. SPIN
Neighborhood #5. (If approved on first reading, a public hearing will be held on
November 5, 2002.)
9. Resolutions: (no items on this agenda.)
10. Other items for consideration:
A. Approval of Agreement for Community Services with the Southlake Community
Band.
B. Approval of Agreement for Community Services with Metroport Meals on
Wheels.
C. Approval of Agreement for Community Services with Grapevine Relief and
Community Exchange (GRACE).
D. Approval of Agreement for Community Services with the Women's Shelter.
11. Other items for discussion: (no items on this agenda.)
12. Meeting Adjourned.
City of Southlake
City Council Meeting Agenda
October 15, 2002
Page 4 of 5
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, October 11, 2002, at 6:00 p.m., pursuant to the
Texas Government Code, Chapter 551. ,,,,,,,,, ,,, „►
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Lori A. Farwell F. ~ ; '
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City Secretary
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If you plan to attend this public meeting and ha' ierekta 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
October 15, 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.
7. Gene Kalal et. al vs. City of Southlake. August 2002.
8. City of Southlake vs. Pinnacle Integrated Technologies, Inc. September 2002.
9. MCSI, Inc., vs. HC Beck, et. al.
10. Botanical Technologies, Inc., contract dispute.
11. Richard W. Hart vs. City of Southlake. September 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
October 15, 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 (/eft at 8:20),
and Tom Stephen
CITY COUNCIL ABSENT: Keith Shankland
STAFF PRESENT: Assistant City Manager Shana Yelverton, Secretary to the City Manager
Klm Bush, Finance Director Sharen Elam, Planning Director Bruce Payne, Senior Planner
Dennis Killough, Senior Planner Jayashree Narayana, Public Works Director Pedram Farahnak,
Deputy Director of Public Works Charlie Thomas, Economic Development Director Greg Last,
Director of Public Safety Rick Black, Police Chief Marlin Price, Community Services Director
and Acting Director of Human Resources Kevin Hugman, Senior Parks Planner Chris Carpenter,
Chief of Building Services Malcolm Jackson, Professional Standards Coordinator Robert Finn,
Municipal Court Administrator Sean Leonard, City Attorney E. Allen Taylor, and City Secretary
Lori Farwell.
WORK SESSION: The work session was called to order by Mayor Rick Stacy at 5:47 p.m
REGULAR SESSION:
Agenda Item No. 1, Call to order. The regular session was called to order by Mayor Stacy at
5:52 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 5:52 p.m.
Executive Session began at 6:08 p.m. and ended at 6:52 p.m.
Agenda Item No. 2B, Reconvene: City Council reconvened the regular meeting at 7:04 p.m.
Agenda Item No. 3A. Invocation was presented by Mayor Pro Tern W. Ralph Evans.
Agenda Item No. 3B Boy Scout Troop #928 presented the flags and led the audience in the
pledge of allegiance. Mayor Stacy presented a proclamation to the troop expressing appreciation
for their etlbrts in collecting food for Grapevine Relief and Community Exchange (GRACE).
Agenda Item No. 4, Reports:
A Mayor's Report - Mayor Stacy announced upcoming meetings and events.
CITY COUNCIL MEETING MINUTES, OCTOBER 15, 2002, PAGE 1 OF 7
B City Manager's Report Assistant City Manager Shana Yelverton introduced Chamber of
Commerce Executive Director Giovanna Phillips who gave a report on the Oktoberfest
event.
C. SP1N Report Martin Schelling reported on the SP1N #2 area.
D Parks and Recreation Board Report Board member Dorothy Wood reported on the
Board's meetings and upcoming events.
E. Committee Reports Chairperson of the Joint Drug and Alcohol Awareness Committee
Brad Bartholomew reported on the Committee's 30-second message that they asked to be
used at the beginning of all meetings held in the year 2003.
F Local Business Report - Ron Alvord of Office Max gave a brief presentation regarding his
store.
Consent Agenda:
5A. Approval of the minutes of the City Council Work Session held on September 26, 2002,
and the CiW Council regular meeting held on October 1, 2002. Approved as presented.
5t3.
Authorizing the Mayor to enter into an Exhibition Agreement with SculptureWorks, Inc.,
of Fort Worth for a rotating public art display in the Southlake Public Library. This
agreement is with SculptureWorks, Inc., who assumes the responsibility for set up, liability,
and rotation of art works in the Southlake Public Library. The Library Board recommended
approval of this agreement at its June 26, 2002, meeting, and the Public Art Advisory
Committee (PAAC) recommended approval of the agreement at its May 28 and September
30 meetings. The PAAC also recommended that future art works be subject to the review
and approval of statt~
5C.
Accepting resignation of Andrew Wambsganss as City of Southlake Alternate Municipal
Judge. Andrew Wambsganss has submitted his resignation as alternate judge effective
immediately. As required in the agreement approved by City Council on August 7, 2001,
City Council must take action to accept the resignation.
5D. ZA02-043, Development Plan for Southlake Town Square, Phase IV, located on the east
side of Central Avenue, north side of East 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 November 19, 2002, City Council meeting.
5E
Ordinance No. 480-224a, 1~ Reading (ZA02-042) Zoning Change and Concept Plan for
Southlake Town Square, located on the south side of State Highway 114, north side of East
Southlake Boulevard (F.M 1709) and east side of North Carroll Avenue. Current Zoning'
8A
NR-PUD Non-Residential Planned Unit Development District. Requested Zoning: NR-
PUD Non-Residential Planned Unit Development District. SPIN Neighborhood #8. Tabled
to the November 5, 2002, City Council meeting.
Ordinance No. 480-405, 1st Reading (ZA02-079) Zoning Change lbr 1709 North Carroll
Avenue being approximately 1.17 acres. Current Zoning: AG Agricultural District.
Requested Zoning: SF-1A Single Family Residential District. SPIN Neighborhood #5. The
Planning and Zoning Commission recommended approval on October 3, 2002.
CITY COUNC1L MEETING MINUTES, OCTOBER 15, 2002, PAGE 2 OF 7
10A Approval of Agreement for Community Services with the Southlake Community Band.
The Southlake Community Band requested funding of $5,000 for FY 2002-2003 for
services rendered to the community.
10B. Approval of Agreement for Community Services with Metroport Meals on Wheels.
MMOW requested funding of $10,000 for the Tuesday congregate meal program and the
home delivered meal program.
I 0C Approval of Agreement for Community Services with Grapevine Relief and Community
Exchange. GRACE requested funding of $11,135 for FY 2002-2003 for services rendered
to the community. The amount is based on an estimated January 2001 population of
22,270. Due to overall budget constraints facing the City during FY 2002-03, the funding
amount allocated for GRACE has been reduced to $5,000.
1 OD. Approval of Agreement for Community Services with the Women's Shelter. The Women's
Shelter requested funding of $1,000 for FY 2002-2003 for services rendered to the
community. During the September 17, 2002, City Council budget consideration, the
Council directed staffto reinstate funding for The Women's Shelter.
Motion was made to approve consent agenda items 5A, 5B, 5C, 5D (to table), 5E (to table), 8A,
10A, 10B. 10C, and 10D.
Motion: Standerfer
Second: Potter
Ayes: Stephen, Evans, Morris, Standerfer, Potter, Stacy
Nays: none
Approved: 6-0
REGULAR AGENDA
Agenda Item 6. Public Forum. There were no comments from the audience during Public Forum.
Agenda Item 7A. Ordinance No. 483-I, 2na Reading, Amending Subdivision Ordinance No. 483,
Article VII, to include proposed changes to the Park Dedication procedural requirements.
Community Services Director Kevin Hugman presented this item to Council.
Councilmember Potter suggested that instead of lessoning the amount of required acreage, the
per-acre tee for non-residential development should be increased to $1,200.
Councilmember Morris said she would like to see the required land dedication ratio stay at the
current ratio of 1 acre per 50 gross acres.
There were no comments from the audience during the Public Hearing.
Mayor Stacy said he has always felt that commercial developments should not be penalized by
having to donate park land, but he will try to support it if that is what needs to be done.
In accordance with Section 4.21 of the City Charter, the caption for this item is listed as follows:
CITY COUNCIL MEETING MINUTES, OCTOBER 15, 2002, PAGE 3 OF 7
AN ORDINANCE OF THE CITY OF SOUTHLAKE AMENDING ORDINANCE NO.
483~ THE SUBDIVISION ORDINANCE; REVISING ARTICLE VII, PARK AND
RECREATION DEDICATION REQUIREMENTS; PROVIDING A PENALTY;
PROVIDING THAT THIS ORDINANCE IS CUMULATIVE OF ALL OTHER
ORDINANCES; PROVIDING FOR SEVERABILITY; PROVIDING FOR
PUBLICATION; AND PROVIDING AN EFFECTIVE DATE.
Motion was made to approve Ordinance No. 483-1, 2nd Reading, leaving the calculation for non-
residential development at 1 acre per 50 gross acres and raising the rate to $l,200 per acre and
stating that the Council can address any waivers or partial waivers at the time of submission.
Motion: Standerfer
Second: Potter
Ayes: Evans, Morris, Standerfer, Potter, Stephen, Stacy
Nays: none
Approved: 6-0
Agenda Item 7B. Ordinance No. 480-QQ, 2nd Reading, An amendment to the Comprehensive
Zoning Ordinance No. 480, as amended, as it pertains to manufactured housing. Planning Director
Bruce Payne presented this item to Council. Several questions pertaining to the City's current
standards were raised during discussions regarding the proposed amendment 480-NN to the MH
District. City Council requested the P&Z Commission to review current standards and propose a
comprehensive update to the MH district. He said the P&Z Commission, during their June 20,
July 18, and August 8, 2002, meetings identified several issues and areas of concern regarding
revisions to the existing MH district standards. During their regular meeting on August 22, 2002,
the P&Z Commission recommended approval of the proposed changes. The City Council
approved first reading on October 1,2002, as proposed by the P&Z Commission, stipulating that
before the second reading, language be added stating that no further subdivision of existing lots
would be permitted and that setback language be added to protect the MH homes from non-
residential adjacency requirements.
Public Hearing ~br Agenda Items #7B and #7C:
Richard Sandow, 1750 Sleepy Hollow Trail, Southlake, Texas. Asked for clarification regarding
MH-zoned lots that have never had a manufactured home on them.
Director Payne said the allowable uses in the district would be applicable. Someone could put a
manufactured or modular home on the lot because those am the listed, permitted housing types
that are allowed under this proposal.
Tom Matthews (Four Peaks Development) listed several recommended changes to the ordinance
regarding heating/air conditioning requirement listed under the definition section, lot coverage
percentages, and rear yard setbacks. He said having more flexibility in the rear yard would allow
for more creative house designs.
Michele Wickline, 1647 Oak Lane North, Southlake, Texas. Stated her concern regarding the
possibility of losing her home to fire and being prohibited from replacing it.
City Attorney E Allen Taylor clarified that it is not the terms of the proposed ordinance that Ms.
Wickline is refemng to, it is the law today. The way to work around that is to create a special
exception power with the Board of Adjustment authorizing them to allow as a special exception
CITY COUNCIL MEETING MINUTES, OCTOBER 15, 2002, PAGE 4 OF 7
the reconstruction of any accessory buildings that were non-conforming uses on the effective
date of this amendment upon proper showing of a hardship if the accessory building was
destroyed by fire. storm, etc.
Wayne Lee, 1601 Regal Oaks Drive, Southlake, Texas. Asked Cotmcil to explain to him the
history of the proposed ordinance amendments. Asked for site built homes to be allowed in the
MH districts.
Milt Barath, 1667 Oaklane North, Southlake, Texas. Owns property in an MH district and asked
ii'his property would still be grandfathered if he decides to sell it in five years.
City Attorney Taylor said a non-conforming use status goes with the structure and not with the
owner.
Derek Holmes, 1604 Regal Oaks Drive, Southlake, Texas. In favor of site built homes in the MH
district.
Todd Tew, 1603 Regal Oaks Drive, Southlake, Texas. In favor of site built homes in the MH
district.
Richard Sandow, 1750 Sleepy Hollow Trail, Southlake, Texas. In favor of quality site built
houses in the Mit district
Andrew Vichayanonda, 1740 Oaklane South, Southlake, Texas. In favor of site built homes in
the MH district.
Public Hearing closed.
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; REVISING CERTAIN SECTIONS REGARDING MANUFACTURED
HOUSING; 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 PAMPHLET FORM; PROVIDING FOR
PUBLICATION 1N THE OFFICIAL NEWSPAPER; AND PROVIDING AN
EFFECTIVE DATE.
('ouncilmember Potter had to leave at 8:20 p.m. to catch a flight.
Motion was made to approve Ordinance No. 480-QQ, 2nd Reading, as presented with the
following changes:
· Residential adjacency protections shall apply only when the property is zoned MH and
has a low or medium density residential land use designation according to the Land Use
Plan;
· Rear yard to be not less than 25' except that 50% of the building envelope width may be
as close as 15' from the rear property line;
CITY COUNCIL MEETING MINUTES, OCTOBER 15, 2002, PAGE 5 OF 7
· Maximum lot coverage for lots 10,000 square feet or less shall be 45% and for lots
greater than 10,000 square feet shall be 30%, except the sum total of accessory buildings
shall not exceed 600 square feet; and,
· Add site built homes as a permitted building type.
Motion: Stephen
Second: Evans
Deputy Mayor Pro Tem Standerfer said he is voting against this because he feels the Council
needs to maintain affordable housing in Southlake and approving this runs the risk of losing it.
Ayes Stephen, Evans, Smcy
Nays Morris, Standerfer
Motion failed: 3-2
Councilmember Morris said she voted no because she feels the Council needs to preserve the
affordable housing for which this district was intended.
Councilmember Stephen discussed possible size limitations on site built homes.
Council continued discussion of site built homes, housing prices, and lot coverage.
Motion was made to reconsider the prior motion lbr Ordinance No. 480-QQ, 2nd Reading.
Motion: Stephen
Second: Evans
Ayes: Standerfer, Stephen, Evans, Morris, Stacy
Nays: None
Approved: 5-0
Agenda Item 7C. Ordinance No. 483-J, 2nd Reading, An amendment to the Subdivision
Ordinance No. 483, as amended, as it pertains to manufactured housing.
Motion was made to approve Ordinance No. 483-J, 2',d Reading.
Motion: Stephen
Second: Evans
Ayes: Stephen, Evans, Morris, Standerfer, Stacy
Nays: none
Approved;
Agenda Item 7D. Ordinance No. 480-NN, 2nd Reading Amendment to the Comprehensive
Zoning Ordinance No. 480, as amended, Sections 29 "MH - Manufactured Housing" District,
Section 34 "Accessory Uses," and Section 44 "Board of Adjustments"
Mayor Stacy said Ordinance No. 480-NN should be denied based on Council's action on the two
previous items.
There were no comments t¥om the audience during the Public Hearing.
Motion was madetodeny Ordinance No. 480-NN, 2nd Reading.
Motion: Stephen
Second: Evans
CITY COUNCIL MEETING MINUTES, OCTOBER 15, 2002, PAGE 6 OF 7
Nays:
Approved:
Evans, Moms, Standerfer, Stephen, Stacy
[lone
5-0 (to deny)
Agenda Item 12. Meeting Adjourned. There being no further business to discuss, the meeting
was adjourned at 9:03 p.m.
ATTEST:
Mayor Rick Stacy
Lori A. Farwell, City Secretary
CITY COUNCIL MEETING MINUTES, OCTOBER 15, 2002, PAGE 7 OF 7