2003-07-15 City of Southlake
CITY COUNCIL MEETING
MINUTES
July 15, 2003
CITY COUNCIL PRESENT: Mayor Andy Wambsganss; Mayor Pro Tem W. Ralph Evans;
Councilmembers: Carolyn Morris, Greg Standerfer and Tom Stephen.
CITY COUNCIL ABSENT: Deputy Mayor Pro Tem Rex Potter and Councilmember Keith
Shankland.
STAFF PRESENT: City Manager Billy Campbell, Assistant City Manager Shana Yelverton,
Assistant to the City Manager John Eaglen, Executive Secretary Kim Bush, Senior Planner Ken
Baker, Senior Planner Dennis Killough, Public Works Director Pedram Farahnak, Deputy
Director of Public Works Charlie Thomas, Finance Director Sharen Elam, Economic
Development Director Greg Last, Director of Community Services Malcolm Jackson, Deputy
Director of Community Services Steve Polasek, Recreation Supervisor Steve Moore, Senior
Community Services Coordinator Joanne Leek, Director of Human Resources Kevin Hugman,
City Attorney E. Allen Taylor, and City Secretary Lori Farwell.
WORK SESSION: The work session was called to order by Mayor Wambsganss at 5:35 p.m.
City Council reviewed the agenda items with city staff and applicants. Council added the
following agenda items to the consent agenda: Items 8A, 8B, 8C, 9A, 9B, and 9C to table to
September 2, 2003.
REGULAR SESSION:
Agenda Item No. 1, Call to order: The regular session was called to order by Mayor
Wambsganss at 6:23 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 6:24 p.m. Executive Session began at 6:34 p.m. and ended at 7:08 p.m.
Agenda Item No. 2B, Reconvene: Mayor Wambsganss reconvened the regular meeting at 7:22
p.m.
No action was necessary as a result of the Executive Session.
Agenda Item No. 3: The invocation was presented by David Whitington from Christ Our King
Church. Mayor Wambsganss led the audience in the Pledge of Allegiance.
Agenda Item No. 4, Reports:
A. Mayor's Report: The Mayor announced upcoming meetings and events.
CITY COUNCIL MEETING MINUTES, July 15, 2003, PAGE 1 OF 8
B. City Manager's Report: None.
CONSENT AGENDA:
5A. Approval of the following minutes: the City Council regular meeting held on June 17,
2003; the City Council June Retreat meetings held on June 19 and 20, 2003; and the City
Council meeting held on June 23, 2003. Approved all minutes as presented.
5B. Ordinance No. 853, 1 Reading, Appointing a Municipal Judge and authorizing the Mayor
to execute an agreement with the Municipal Judge and providing an effective date. During
the work session, Municipal Judge Carol Montgomery thanked the Council for the
opportunity to serve the City of Southlake and said she looks forward to another term. The
Judge's current agreement is effective from July 17, 2001, through July 17, 2003, and the
new proposed agreement is effective from July 17, 2003, through July 17, 2005. The new
agreement reflects a 2% increase in salary which will be retroactive to July 1, 2003, and
will also include a 2% increase in salary for July 2004.
5C. Approval of an amendment to the Employment Contract for the City Manager. Council
approved a mid -year budget amendment to include a 2% increase in salary for directors to
be effective on July 1. The new contract for the City Manager reflects this change which
will be retroactive to July 1. It also includes an increase of $100 towards insurance and an
extension through December 31, 2005.
5D. Approval of an amendment to the Employment Contract for the City Secretary. Council
approved a mid -year budget amendment to include a 2% increase in salary for directors to
be effective on July 1. The new contract for the City Secretary reflects this change which
will be retroactive to July 1. It also includes an extension through December 31, 2005.
5E. Ratifying the purchase of a title insurance policy for Block 6, Phase 1, Southlake Town
Square. Approval of this agenda item will formally ratify the expenditure of funds to
purchase the title insurance policy for Town Hall. The actual cost of the policy
was $66,369.59. Cooper & Stebbins contributed $11,082 and the balance of $55,287.59
will be split 75/25 between the City ($41,465.69) and Tarrant County ($13,821.90).
5F. Ordinance No. 480 -420, (ZA03 -020) 2 Reading, Zoning Change and Concept Plan for
Chapel Hill Office Park. The applicant requested to table this item until August 19, 2003.
5G. ZA03 -043, Revised Site Plan for Harris Methodist Southlake. This item is tabled until
September 2, 2003, to await a recommendation by the Planning and Zoning Commission.
5H. Authorize the City Manager to enter into a Compromise and Settlement Agreement with
Leona and Raymond Fox. This item was presented to Council during Executive Session.
5I. ZA02 -110, Concept Plan for Greenway Carroll Addition located on the southeast corner of
North Carroll Avenue and State Highway 114. This item was withdrawn by the applicant
on June 24, 2003. Informational purposes only - no action required.
5J. Resolution No. 03 -032, (ZA02 -111) Specific 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 Highway 114. Current
CITY COUNCIL MEETING MINUTES, July 15, 2003, PAGE 2 OF 8
Zoning: C -3 General Commercial District, This item was withdrawn by the applicant on
June 24, 2003. Informational purposes only - no action required.
5K. Resolution No. 03 -033, (ZA02 -112) Specific Use Permit for the sale of alcoholic beverages
on property described as proposed Lot 1, Block 1, Greenway Carroll Addition. This item
was withdrawn by the applicant on June 24, 2003. Informational purposes only - no action
required.
5L. ZA03 -003, Revised Preliminary Plat for Lots 1 and 2, Block 1, and Lot 1, Block 2,
Greenway Carroll Addition. This item was withdrawn by the applicant on June 24, 2003.
Informational purposes only - no action required.
8A. Ordinance No. 480 -422, (ZA03 -030) 1 Reading, Zoning Change and Site Plan for Westgate
Plaza. Senior Planner Dennis Killough presented this item to Council during the work session.
This property is located on the north side of State Highway 114, approximately 860' west
of Park Boulevard in Grapevine. The current zoning on the property is C -3 General
Commercial District. This property is part of a larger land ownership located within the
City of Grapevine and is part of a comprehensive development with properties that are
located in Southlake and Grapevine. The size of the property located within Southlake has
little or no area to accommodate a building. The zoning change is being requested so that
the property may be allowed to have parking as a principal use. Under a straight C -3 zoning
district, parking is only permitted as an accessory to a principal C -3 use. The Planning and
Zoning Commission recommended approval on June 19, 2003, subject to the review,
granting the requested variance in stacking depth.
8B. ZA03 -031, Preliminary Plat for Westgate Plaza. Senior Planner Dennis Killough presented
this item to Council during work session. This is the preliminary plat associated with the
preceding agenda item. Since the entire property currently has C -3 zoning, the plat is not
dependent upon the zoning and site plan approval.
8C. Ordinance No. 717 -C, 1 Reading, Amending Ordinance No. 717 and 717 -B designating
the speed limit within The Dominion Addition as 25 mph. Deputy Director of Public
Works Charlie Thomas presented this item to Council during work session and stated that
the Departments of Public Safety and Public Works have been working with The Dominion
Homeowners Association to investigate and reduce speeding concerns in their
neighborhood. The City Engineer has received a petition of request from The Dominion
property owners for the City Council to consider reducing the speed limit in The Dominion
addition to 25 mph. The petition includes 76% of the property owners in The Dominion.
Historically, the City Council has requested that a minimum of 75% of property owners in
the subdivision petition the City Council for a change in speed limit. The cost for changing
the speed limit signs will be in the range of $400 to $600, depending upon the number
needed. Funds for this project are available in the current street operating budget.
9A. Resolution No. 03 -038, Amending City of Southlake personnel policies to adopt a Reduced
Work Schedule policy. Director of Human Resources Kevin Hugman presented this item
to Council during work session. This resolution will adopt a policy that provides the City
with more flexibility to adjust to changing work loads and adverse economic conditions by
reducing the normal workweek hours, with a corresponding change in compensation and
benefit, for certain positions. The policy will (1) allow employees to request to reduce
hours for personal reasons, subject to City Manager approval; or (2) allow the City to
CITY COUNCIL MEETING MINUTES, July 15, 2003, PAGE 3 OF 8
reduce work hours of a position to avoid layoffs, to reduce operating costs, or to avoid
adverse financial consequences. In all cases, the City retains the right to rescind a reduced
work week schedule should the situation require it. 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 REDUCED WORK
SCHEDULE POLICY.
9B. Resolution No. 03 -043, Amending City of Southlake personnel policies regarding
employee benefits including vacation, compensatory time, and sick leave benefits; and
implementing a one -time monetary reduction of employee's accrued vacation and
compensatory leave. Director of Human Resources Kevin Hugman presented this item to
Council during work session. This resolution would adopt a revision to current City
policies, place a cap on accrued vacation, compensatory time and sick leave balances, and
authorize a one -time monetary buy -back of employees' vacation and comp. time leave
balances. Accrued vacation leave and compensatory time represents a financial liability to
the City that must be accounted for annually in the fund balance. As the employees
accrued paid leave balances grow and the dollar value of those balances increases as
employees receive raises, etc., the total financial liability also continues to grow. The
proposed policy revisions will help us manage and restrain that liability. Since employees
have earned the leave, we must also compensate the employee for their paid leave balances.
The funds needed for the buy -back are available today in the fund. This buy -back will
significantly reduce the financial liability of the City and with the policy revision in place,
ensure that this situation does not occur in the future. 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, AMENDING THE CITY OF SOUTHLAKE
PERSONNEL POLICIES REGARDING EMPLOYEE BENEFITS,
INCLUDING VACATION, COMPENSATORY TIME, AND SICK
LEAVE BENEFITS; AND IMPLEMENTING A ONE -TIME
MONETARY REDUCTION OF EMPLOYEE'S ACCRUED
VACATION AND COMPENSATORY LEAVE.
9C. Resolution No. 03 -045, Appointing a City Council representative to the Joint Utilization
Committee to fill the unexpired term of Greg Standerfer. This item was tabled until the
September 2, 2003, Council meeting.
Motion was made to approve consent agenda including Items 5A; 5B; 5C; 5D; 5E; to table and
to continue the public hearing for item 5F to the August 19, 2003, meeting; to table and to
continue the public hearing for item 5G to the September 2, 2003, meeting; 5H; 8A subject to the
recommendation of the Planning and Zoning Commission; 8B subject to the recommendation of
the Planning and Zoning Commission; 8C; 9A; 9B; and to table 9C to the September 2, 2003,
meeting.
Motion: Standerfer
Second: Evans
Ayes: Stephen, Evans, Morris, Standerfer, Wambsganss
Nays: None
Approved: 5 -0
CITY COUNCIL MEETING MINUTES, July 15, 2003, PAGE 4 OF 8
REGULAR AGENDA:
Agenda Item 6. Public Forum.
Greg Holm, 1345 Ten Bar Court, Southlake, Texas. Spoke to Council as a representative of the
Cross Timber Hills Homeowners Association regarding damage to his neighborhood entrance
during construction of a 10 -inch water line along Peytonville Avenue. He asked Council for
assistance in getting payment to the HOA for damages incurred.
Agenda Item No. 7A. Ordinance No. 480 -386A, (ZA03 -025) 2 Reading, Zoning Change and
Concept Plan for Lot 3, Block 1, Cornerstone Plaza. Senior Planner Dennis Killough presented
this item and the following item, ZA03 -026, simultaneously to Council. This property is located
on the south side of East Southlake Boulevard (FM 1709) approximately 600' east of South
Nolen Drive, just east of Ultimate Electronics and west of Snookies. The current zoning is S -P -2
with limited C -3 uses. The requested zoning is S -P -2 with limited C -3 uses. The purpose of this
request is to revise the development regulations and concept plan approved under the current S-
P-2 zoning. The uses and other regulations are the same as the current S -P -2 zoning. The
Planning and Zoning Commission recommended approval subject to review, specifically
requiring cross - access with east property, adopting regulations and uses as proposed, and
granting variance request of 10% reduction in parking on June 5, 2003. The City Council
approved the first reading on June 17, 2003, subject to the concept plan review, granting the 10%
reduction in the required number of parking spaces and accepting the applicant's willingness to
continue the sidewalk from the Snookie's site to the driveway of this property.
Agenda Item No. 7B. ZA03 -026, Site Plan for Lot 3, Block 1, Cornerstone Plaza. This site plan
is associated with the preceding zoning and concept plan. The site plan and building elevations
are compliant with the proposed zoning and concept plan. The Planning and Zoning Commission
recommended approval on June 5, 2003, subject to the review, specifically requiring cross -
access with the east property, adopting regulations and uses as proposed, and granting the
variance request for 10% reduction in parking.
Applicant Kent Bell, JDJR Engineers, 2500 Texas Drive, Irving, Texas, addressed Council's
questions regarding Items 7A and 7B.
Randy Klein, Halbach -Dietz Architects, 3102 Maple Avenue, Suite 450, Dallas, Texas,
addressed Council's questions. He presented drawings of buildings to Council and agreed to
include the large planter boxes as depicted on the drawings.
The Mayor opened the public hearings for Items 7A and 7B.
Jay Marsh, 1627 Mockingbird Lane, Southlake, Texas, spoke in favor of this item but asked
Council to not allow the reduction in parking for restaurants because there never seems to be
enough parking.
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
CITY COUNCIL MEETING MINUTES, July 15, 2003, PAGE 5 OF 8
CERTAIN TRACT OR TRACTS OF LAND WITHIN THE CITY OF
SOUTHLAKE, TEXAS BEING LEGALLY DESCRIBED AS TRACTS 2,
2C, AND A PORTION OF TRACT 2A1, THOMAS EASTER SURVEY,
ABSTRACT NO. 474, LOT 2R2, BLOCK 5, CORNERSTONE BUSINESS
PARK, AND A PORTION OF CROOKED LANE RIGHT -OF -WAY,
BEING APPROXIMATELY 3.66 ACRES, AND MORE FULLY AND
COMPLETELY DESCRIBED IN EXHIBIT "A" FROM S -P -2
GENERALIZED SITE PLAN DISTRICT WITH LIMITED C -3 GENERAL
COMMERCIAL DISTRICT USES TO S -P -2 GENERALIZED SITE PLAN
DISTRICT WITH LIMITED C -3 GENERAL COMMERCIAL DISTRICT
USES, 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.
Motion was made to approve Ordinance No. 480 -386A, (ZA03 -025), 2 Reading, as approved
on 1 Reading with the following amendments: the net deletion of one parking space to provide
for the island around the 22 -inch tree as shown and provide awnings and landscaping as shown
by the developer this evening.
Motion: Standerfer
Second: Evans
Ayes: Evans, Morris, Standerfer, Stephen, Wambsganss
Nays: None
Approved: 5 -0
Motion was made to approve ZA03 -026 subject to Site Plan Review Summary No. 3, dated May
30, 2003, granting the variances requested; deleting one parking space to provide for the island
around the 22 -inch tree as shown; and including the elevations, awnings, and landscaping as
shown by the developer this evening.
Motion: Standerfer
Second: Stephen
Ayes: Morris, Standerfer, Stephen, Evans, Wambsganss
Nays: None
Approved: 5 -0
Agenda Item No. 7C. Ordinance No. 835, 2nd Reading, Abandoning and quit claiming a portion
of Dove Road right -of -way. Public Works Deputy Director Charlie Thomas presented this item
to Council. The exchange contract previously approved by Council calls for abandoning and
quit claiming three of the four tracts of right -of -way at the southwest corner of Dove Road and
North White Chapel Boulevard to Westerra Southlake, L.P., in exchange for a strip of right -of-
way along the south side of Dove Road. Council approved Ordinance No. 835 on first reading on
CITY COUNCIL MEETING MINUTES, July 15, 2003, PAGE 6 OF 8
June 17, 2003. Since the first reading, language was added to Section 5 specifying that: "This
Ordinance shall be in full force and effect from and after the receipt of a special warranty deed
from Westerra Southlake, L.P., for certain property in accordance with the Agreement between
the City and Westerra for the exchange of certain real property, as approved on July 15, 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 VACATING AND ABANDONING A RIGHT OF WAY IN
PORTIONS OF THE T. MARTIN SURVEY, ABSTRACT NO. 1134 IN THE
CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS; DECLARING THAT
SUCH PROPERTY IS UNNECESSARY FOR USE BY THE PUBLIC;
AUTHORIZING THE MAYOR TO EXECUTE A QUITCLAIM DEED
RELEASING PUBLIC OWNERSHIP INTEREST AND CONTROL OF SAID
RIGHT -OF -WAY; PROVIDING A SEVERABILITY CLAUSE; AND
PROVIDING AN EFFECTIVE DATE.
Motion was made to approve Ordinance No. 835, 2 °a Reading, approved as submitted on 2
Reading.
Motion: Standerfer
Second: Evans
Ayes: Standerfer, Stephen, Evans, Morris, Wambsganss
Nays: None
Approved: 5 -0
Agenda Item 11B. Discussion of senior - related transportation issues. Community Services
Director Malcolm Jackson presented this item to Council during work session. He has spoken to
Councilmember Shankland regarding this issue who recommended the formation of a task force
comprised of Council members, CARS representatives, Senior Center representatives, and staff
members to further evaluate this issue.
Steve Lakin addressed Council during work session and stated that CARS has provided a great
service to the City of Southlake and cannot go away. He sees five options as potential solutions
to the current situation: 1) continue to have CARS run the way it is which would be extremely
difficult; 2) receive supplements from the City where they fall short in their fund- raising efforts;
3) have the City take the program over; 4) make the CARS program go away; and/or 5) find one
or more volunteer organizations or corporate contributors to sponsor the program completely.
David Baltimore addressed Council during work session and encouraged Council to pursue
solutions to the issues related to the CARS program. He was part of the group that helped put the
CARS program together and does not want to see it go away.
Agenda Item 11A. Dove Creek Trail: Discussion of the acquisition of a 20' corridor
approximately 2,900 feet in length (1.33 acres) along the south and east boundary of Triple C
Ranch, Phase I, for the purposes of providing a future trail that would stretch from SH 114 to
Lake Grapevine. Senior Planner Ken Baker presented this item to Council during work session.
Council directed staff to move forward with the survey and possible future friendly
condemnation.
CITY COUNCIL MEETING MINUTES, July 15, 2003, PAGE 7 OF 8
Agenda Item 12. Meeting Adjourned. With there being no further business to discuss, Mayor
Wambsganss asked for a motion to adjourn the meeting at 8:04 p.m.
Motion: Stephen
Second: Standerfer
Ayes: Stephen, Evans, Morris, Standerfer, Wambsganss
Nays: None
Approved: 5 -0
Andy ambsganss
Mayor
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CITY COUNCIL MEETING MINUTES, July 15, 2003, PAGE 8 OF 8