2003-08-05 City of Southlake
CITY COUNCIL MEETING
MINUTES
August 5, 2003
CITY COUNCIL PRESENT: Mayor Andy Wambsganss; Deputy Mayor Pro Tem Rex Potter;
Councilmembers: Carolyn Morris, Keith Shankland, and Tom Stephen.
CITY COUNCIL ABSENT: Mayor Pro Tem W. Ralph Evans and Councilmember Greg
Standerfer
STAFF PRESENT: City Manager Billy Campbell, Assistant City Manager Shana Yelverton,
Assistant to the City Manager John Eaglen, Executive Secretary Kim Bush, 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, Economic
development Specialist Betsy Boyett, Director of Community Services Malcolm Jackson,
Deputy Director of Community Services Steve Polasek, Interim Chief of Fire Robert Finn, Chief
of Police Marlin Price, Deputy Director of Administrative Services Garland Wilson, 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 5:47 p.m.
City Council reviewed the agenda items with city staff and applicants. Council added the
following agenda items to the consent agenda: Items 7E to table, 8C, 8D, 10A, 10B, and 10C.
REGULAR SESSION:
Agenda Item No. 1, Call to order: The regular session was called to order by Mayor
Wambsganss at 6:17 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 6:26 p.m. and ended at 7:05 p.m.
Agenda Item No. 2B, Reconvene: Mayor Wambsganss reconvened the regular meeting at 7:13
p.m.
Motion was made to direct staff and the City Attorney's office to proceed with a letter of intent
and contract negotiations for the sell of city -owned property at Pearson Lane and F.M. 1709.
Motion: Potter
Second: Stephen
Ayes: Stephen, Shankland, Morris, Potter, Wambsganss
Nays: None
Approved: 5 -0
CITY COUNCIL MEETING MINUTES, AUGUST 5, 2003, PAGE 1 OF 15
Agenda Item No. 3: The invocation was presented by Keith Shankland. 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.
B. City Manager's Report: The City Manager introduced Robert Finn as the new Deputy
Director /Chief of Fire Services.
C. Parks and Recreation Board Report: Mary Georgia and Liz Durham updated Council on
Parks Board meetings as well as progress on the Liberty Garden.
D. Library Board Report: A written report was provided to Council.
E. Southlake 2025 Committee Report: Jeff Wang updated Council on recent and future
Committee meetings.
F. SPIN Report: David Baltimore updated Council on recent and upcoming SPIN meetings.
G. Local Business Report: Director of Economic Development Greg Last introduced Greg
Wilman who introduced Council to his new business, Farpointe Cellar.
CONSENT AGENDA:
5A. Approve the minutes of the regular City Council meeting held on July 15, 2003, and of the
special City Council meeting held on July 29, 2003. Approved as presented.
5B. Approve the Tarrant County Tax Collection Contract for FY 2003 -04. Since 1982, the
Tarrant County Tax Assessor /Collector has collected property taxes for the City of
Southlake. The renewal contract has been presented to the City for collection of the 2003
taxes for the fiscal year beginning October 1, 2003. Tarrant County charges $.50 per
financial transaction, defined as a payment or refund on an account. The transaction fee
is a very reasonable charge for the service provided. Southlake would spend far in excess
of the $5,500 budgeted for this service in personnel costs alone if the tax collection was
done by the city.
5C. Authorize the City Manager to execute a Right -of -Way Encroachment Agreement with the
developer of Vermilion Addition for construction of an entry feature. The developer of
Vermilion Addition, Wilbow - Southlake Development Corporation, has submitted a request
to City staff to construct an entry feature separating the residential lots from the office lots.
This entry feature will consist of a small (18 "x18 ") stone column on each side of the
roadway with a removable wrought iron fence attached to larger columns on the private
office lots. The developer will be required to provide liability insurance and then require
the owner of the two office lots to maintain the liability insurance once those lots are sold,
if this encroachment agreement is approved.
5D. Resolution No. 03 -044, Authorize the City Manager to enter into a Texas municipal lease -
purchase agreement between Government Capital Corporation and the City of Southlake
for the procurement of a 2003 Ambulance Type 1 14' Frazer GPM. In September 2002,
City Council approved, through its budget adoption, the expenditure of $28,000 for the
lease - purchase of a new ambulance. Utilizing the state bid process, Director Rick Black
and his staff have secured a lease - purchase agreement with Government Capital
Corporation. The agreement requires a commitment of the City over the next six years with
annual payments less than $26,000.
CITY COUNCIL MEETING MINUTES, AUGUST 5, 2003, PAGE 2 OF 15
In accordance with Section 4.21 of the City Charter, the caption for this item is listed as
follows:
A RESOLUTION REGARDING A LEASE PURCHASE AGREEMENT FOR
THE PURPOSE OF PROCURING "ONE (1) AMBULANCE TYPE I 14'
FRAZER GPM.
5E. Resolution No. 03 -047, Approve revisions to the Southlake Public Library's Borrower
Privileges and Responsibilities Policy to establish minimum age requirements for obtaining
a library card and establishing requirements to obtain a Carroll Independent School District
student, non - resident (free) library card. The Library Board has been reviewing approved
policies in order to address issues that have arisen since the opening of the Library in the
fall of 2001. The proposed revisions to the Borrower Privileges and Responsibilities Policy
include the following items: 1) to lower the minimum age for obtaining a library card from
eighteen (18) years of age to sixteen (16) years of age; and 2) to establish regulations for
obtaining a Carroll ISD student, non - resident (free) library card. There are a number of
drivers for these proposed policy revisions, one being the feedback received in
communications to complete the Together We Grow: Library and Community in
Partnership fundraising campaign completed in this fiscal year. Another is feedback
received in discussions with different levels at the Carroll ISD, and the increase in the size
of the collection over the course of 2003 (which provides flexibility in reviewing the policy
limitations on card access). The proposed revisions are targeted to remove identified
barriers to coordination between the library and the School District and it was
communicated to the Board and city staff that these changes would increase the likelihood
of the schools not only using the Library as a resource, but increase student use of the
facility as well. The proposed policy revision regarding the minimum age does not lower
the required minimum age for checking out videocassettes and DVD's, which remains at 18
years of age. The City Council approved the policy to obtain a Carroll ISD employee (free)
library card at their April 15, 2003, meeting. The Library Board approved a
recommendation to lower the minimum age to obtain a library card from 18 years of age to
16 years of age at their April 23, 2003, meeting, and approved a recommendation to allow a
CISD students to obtain non - resident (free) library card at their May 28, 2003, meeting.
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 REVISIONS TO THE SOUTHLAKE PUBLIC
LIBRARY'S BORROWER PRIVILEGES AND RESPONSIBILITIES POLICY
TO ESTABLISH MINIMUM AGE REQUIREMENTS FOR OBTAINING A
LIBRARY CARD AND ESTABLISHING REQUIREMENTS TO OBTAIN A
CARROLL INDEPENDENT SCHOOL DISTRICT STUDENT, NON-
RESIDENT (FREE) LIBRARY CARD.
5F. Resolution No. 03 -064, Approve a revision to the Southlake Public Library's Hours of
Operation Policy regarding Saturday hours of operation. The Library Board held a planning
retreat in October 2002 and identified goals and objectives for the coming year. One
identified target was to complete a review of the hours of operation. This item was
discussed at the May Board meeting and was on the June meeting agenda as an item for
consideration. The current hours of operation total 44 hours per week, operating on a six
CITY COUNCIL MEETING MINUTES, AUGUST 5, 2003, PAGE 3 OF 15
day schedule, Monday through Saturday. One major issue was adding Sunday hours.
There are alternatives for achieving this objective, keeping a six day schedule and re-
allocating hours from one day to another or moving towards a seven day operating
schedule. In developing an alternative schedule that attempted to meet a diverse range of
objectives, staff recommended a six day schedule that included Sunday hours of operation
and would close the Library on Fridays. In their consideration, the Board determined at
this time to recommend to the City Council a revision of the Saturday hours of operation
(currently 10:00 a.m. to 2:00 p.m.) to 12:00 p.m. to 4:00 p.m. Analysis of Saturday usage
suggests that afternoon hours would be more efficient and effective for the patrons than the
current combined morning and afternoon hours of operation. The Board approved this
recommendation at their June 25 meeting.
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 REVISIONS TO THE SOUTHLAKE PUBLIC
LIBRARY'S HOURS OF OPERATION POLICY REGARDING SATURDAY
HOURS OF OPERATION.
5G. Authorize the City Manager to enter into an Interlocal Agreement for the purpose of
cooperative purchasing of goods, products, and/or services relating to public safety services
with the Cities of Bedford, Grapevine, Keller, Crowley, and Haltom City. In 1998, the
cities of Bedford, Grapevine, Keller, Crowley and Haltom City entered into an interlocal
agreement for the purchases of fire personnel uniforms and related equipment. Participating
cities have realized a savings of 11% in uniform purchasing alone. The agreement will
allow DPS to make cooperative purchases with the cities entering into the agreement for
the purchase of goods, products, and/or services with similar savings to those achieved by
the participating cities.
7E. Resolution No. 03 -046, Approval of a Mass Gathering Permit for events associated with
Oktoberfest, on property described as Southlake Town Square, Phase I. This item has been
tabled to the August 19 Council meeting.
8C. ZA03 -051, Plat Revision, Lots 6 through 12, Block 3, Cimmarron Acres Addition. Senior
Planner Dennis Killough presented this item to Council during work session. This plat
includes the City's commercial and residential properties located next to the ground storage
tanks at Pearson Avenue and West Southlake Boulevard. The purpose of this plat is to
subdivide a ± 4,000 SF lot off the corner C -2 property for a future portal monument and to
dedicate some R.O.W. for future improvements on Pearson and easements for drainage,
water and sewer improvements.
8D. Ordinance No. 717 -D, 1 Reading, Amending Ordinance No. 717; designating the speed
limit within the Park Place Addition as 25 mph. The Public Works Department has
received a petition of request from the Park Place Homeowners Association for the City
Council to consider reducing the speed limit in the Park Place Addition to 25 mph. The
petition includes the signatures of 79.5% of the property owners in the Park Place Addition.
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 the speed limit. The Park Place
Addition is located on the east side of South Peytonville Avenue south of and adjacent to
CITY COUNCIL MEETING MINUTES, AUGUST 5, 2003, PAGE 4 OF 15
Carroll High School. The cost of changing the speed limit will be in the range of $400 to
$600, depending upon the number of signs needed. Funds for this project are available in
the current street maintenance operating budget.
10A. Consider establishing a Senior Transportation Task Force. Director of Community Services
Malcolm Jackson presented this item to Council during work session. During the July 15,
2003, City Council meeting, staff provided general information regarding the past and
present state of senior and disabled transportation services within Southlake, including the
possibility that reductions in donations and demands on volunteer time might result in Call -
A -Ride Southlake, Inc., ceasing service by the end of the calendar year. Based on this
information, Council provided direction to staff to initiate the process of establishing a task
force to study the critical issues and alternatives regarding transportation services within
Southlake. The proposed task force would be charged with studying and recommending
options for the provision of transportation services to seniors and disabled within the
community with the goal of identifying alternatives and/or adjustments to the current
process which might ensure long term stability and success for the program. The task force
would study the issues, analyze various options, and develop a report including
recommendations to be presented to the City Council at a future meeting, preferably prior
to the final adoption of the FY03 -04 budget. A multifaceted composition would be
anticipated for the task force in order to maximize input and provide a balanced view of
needs for all entities potentially impacted. It is recommended that the task force consist of
one member to be appointed by Call -A -Ride Southlake, Inc., two members to be appointed
by the Southlake Senior Advisory Commission, two representatives from the City Council
and two staff representatives, one of whom would chair the task force and be appointed by
the Director of Community Services. There are no initial costs associated with establishing
a senior transportation task force; however, future financial considerations may vary widely
depending upon the option or alternative ultimately selected. During work session, Council
agreed to appoint Councilmembers Carolyn Morris and Keith Shankland to this task force.
10B. Authorize the City Manager to enter into a Scope of Services Agreement with Call -A -Ride
Southlake, Inc. Director of Community Services Malcolm Jackson presented this item to
Council during work session. CARS is a non - profit organization founded in 1999 to
provide transportation services to seniors and the disabled within Southlake. CARS utilizes
a handicap accessible van and the personal vehicles of approximately 48 volunteers to
provide on average over 140 one -way rides per month to seniors and the disabled in
Southlake. The CARS service area is a seven mile radius for regular rides such as shopping
and senior center visits, with a twenty -five mile radius for medical and dental
appointments. Based on the information provided by CARS, the minimal annual cost to
operate their service is $20,000. This provides for staff costs (part- time), fuel, insurance,
and maintenance of the van. Office space is provided to CARS at the DPS East facility by
the City at no cost. Funding for CARS is acquired annually through donations from
individuals, the Southlake Newcomers Club, Southlake Women's Club, as well as grants,
annual fundraisers, the United Way, and the scope of services agreement with the City of
Southlake. During recent staff discussions regarding senior transportation issues, it was
confirmed that a scope of services agreement is not currently in place between the City and
CARS. Staff has prepared a draft scope of services agreement based on the previous year
agreement with no substantive changes apart from the reduction in funding from $15,000 in
fiscal year 2001 -02 to $5,000 in fiscal year 2002 -03.
CITY COUNCIL MEETING MINUTES, AUGUST 5, 2003, PAGE 5 OF 15
10C. Authorize the City Manager to enter into a Professional Services Agreement with Palmer
Price, Inc., for implementation of a Drainage Utility System for the City of Southlake.
Diane Palmer of Palmer Price, Inc., presented this item to Council during work session.
During the Council retreat on June 19 and June 20, 2003, a presentation was made to the
City Council on the creation of a Drainage Utility System (DUS) as a possible funding
source for future drainage improvements. Council indicated that favorable consideration
will be given to this matter if staff brings this matter forward. After a careful background
check of the proposed consultant's work history, staff has received a proposal from Palmer
Price, Inc., to prepare and implement steps toward creation of a Drainage Utility System
(DUS). Listed are the tasks required for performance by the consultant for successful
completion of this project: Legal Authority Research; Storm Water Utility Cost of Service;
5 Year Cash Flow Model; Storm Water Utility Fee Database; Storm Water Utility Rate
Design; Benchmark Survey of Rates; Storm Water Utility Documentation; Community
Awareness Plan; Public Hearings; Utility Billing System Interfaces; and Initial Storm
Water Billing. Funds for this project in the amount of $91,500 are available from the 2002-
2003 CIP (localized drainage projects).
Motion was made to approve Items 5A; 5B; 5C; 5D; 5E; 5F; 5G; 7E to table and to continue the
public hearing to August 19, 2003; 8C subject to Plat Review Summary No. 1, dated July 11,
2003; 8D; 10A appointing Councilmembers Carolyn Morris and Keith Shankland; 10B; and
10C.
Item 5A:
Motion: Potter
Second: Morris
Ayes: Morris, Stephen, Wambsganss
Nays: None
Abstained: Shankland, Potter
Approved: 3 -0 -2
Items 5A; 5B; 5C; 5D; 5E; 5F; 5G; 7E to table and to continue the public hearing to August 19,
2003; 8C subject to Plat Review Summary No. 1, dated July 11, 2003; 8D; 10A appointing
Councilmembers Carolyn Morris and Keith Shankland; 10B; and 10C.
Motion: Potter
Second: Morris
Ayes: Shankland, Morris, Potter, Stephen, Wambsganss
Nays: None
Approved: 5 -0
REGULAR AGENDA:
Agenda Item 6. Public Forum. No one spoke during the public forum.
Agenda Item 7A. Ordinance No. 853, 2' Reading, Appointing a Municipal Judge and
authorizing the Mayor to execute an agreement with the Municipal Judge and providing an
effective date. The proposed ordinance and agreement are included in your packet information.
As you will recall from first reading, the Judge's current agreement is effective from July 17,
2001, through July 17, 2003. The new agreement reflects a 2% salary increase which will be
retroactive to July 1, 2003, and also includes a 2% salary increase for July 2004.
CITY COUNCIL MEETING MINUTES, AUGUST 5, 2003, PAGE 6 OF 15
In accordance with Section 4.21 of the City Charter, the caption for this item is listed as follows:
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SOUTHLAKE,
TEXAS, APPOINTING A MUNICIPAL JUDGE AND AUTHORIZING THE
MAYOR TO EXECUTE AN AGREEMENT WITH THE MUNICIPAL JUDGE;
AND PROVIDING AN EFFECTIVE DATE.
Motion was made to approve Ordinance No. 853, 2 Reading.
Motion: Potter
Second: Shankland
Ayes: Morris, Potter, Stephen, Shankland, Wambsganss
Nays: None
Approved: 5 -0
Agenda Item 7B. Ordinance No. 717 -C, 2 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. 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 Public Works Department has received
a petition from property owners for the City Council to reduce 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. City Council approved the 1
reading for Ordinance No. 717 -C on July 15, 2003.
Deputy Mayor Pro Tem Potter asked if the speed limits can be reduced in all residential
neighborhoods at the same time. He asked staff to consider that possibility rather than bringing
ordinances to Council one neighborhood at a time.
City Attorney Allen Taylor said the city would need to do a cost analysis for budgetary planning
purposes to determine signage costs if these changes were made. He stated that in the absence of
signage on conventional streets, the maximum permissible speed is 30 mph. In order to make the
25 mph change enforceable, staff would need to establish the correct distance and place 25 mph
signs on all of these streets. If the streets are not signage marked, they are 30 mph.
Public Hearing opened.
Tom Morris, 403 St. Charles Court, Southlake, Texas, spoke in favor of this request on behalf of
The Dominion Homeowner's Association.
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. 717, 717 -B, AND
CHAPTER 18, "TRAFFIC AND VEHICLES ", OF THE SOUTHLAKE CITY
CODE (1996), AS AMENDED, BY; DESIGNATING THE SPEED LIMIT
WITHIN THE DOMINION ADDITION AS 25 MILES PER HOUR;
CITY COUNCIL MEETING MINUTES, AUGUST 5, 2003, PAGE 7 OF 15
DIRECTING THE DIRECTOR OF PUBLIC WORKS TO POST
APPROPRIATE SIGNS; 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. 717 -C, 2 Reading.
Motion: Potter
Second: Stephen
Ayes: Potter, Stephen, Shankland, Morris, Wambsganss
Approved: 5 -0
Agenda Item 7C. Resolution No. 03 -059, (ZA03 -046) Specific Use Permit for special events
associated with Oktoberfest, on property described as Southlake Town Square, Phase I. Senior
Planner Dennis Killough presented this item to Council. This event is proposed in the Southlake
Town Square on October 3rd — 5 2003. This event is organized by the Chamber of Commerce
and Southlake Town Square and is the same as last year's event. The P &Z Commission
recommended approval of this request. Applicant Rick Lott, 1529 Camp Mountain Trail, Keller,
Texas, made a presentation and answered Council's questions.
Chief of Police Services Marlin Price addressed public safety issues. He also stated that the next
DPS Citizen's Academy begins in September and lasts for 12 weeks and stated that interested
persons may contact DPS.
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 SPECIAL EVENTS
ASSOCIATED WITH "OKTOBERFEST" ON PROPERTY WITHIN THE
CITY OF SOUTHLAKE, TEXAS, BEING LEGALLY DESCRIBED AS
SOUTHLAKE TOWN SQUARE, PHASE I, AND BEING 42.013 ACRES,
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 -059 (ZA03 -046).
Motion: Potter
Second: Morris
Ayes: Stephen, Shankland, Morris, Potter, Wambsganss
Nays: None
Approved: 5 -0
Agenda Item 7D. Resolution No. 03 -060, (ZA03 -047) Specific Use Permit for the sale of
alcoholic beverages during the special events of Oktoberfest, on property described as Southlake
Town Square, Phase I. Senior Planner Dennis Killough presented this item to Council. This
CITY COUNCIL MEETING MINUTES, AUGUST 5, 2003, PAGE 8 OF 15
request is limited to the days of the event and within the area designated for the event. The P &Z
Commission recommended approval.
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 ON PROPERTY WITHIN THE CITY OF
SOUTHLAKE, TEXAS, BEING LEGALLY DESCRIBED AS SOUTHLAKE
TOWN SQUARE, PHASE I, AND BEING APPROXIMATELY 42.013 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 -060 (ZA03 -047).
Motion: Potter
Second: Shankland
Ayes: Shankland, Morris, Potter, Stephen, Wambsganss
Nays: None
Approved: 5 -0
Agenda Item 7F. Ordinance No. 480 -422, (ZA03 -030) 2 Reading, Zoning Change and Site
Plan for Westgate Plaza. Senior Planner Dennis Killough presented this item to Council. 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 P &Z Commission recommended approval on June 19,
2003, subject to review, granting the requested variance in stacking depth. The City Council
approved the first reading of this item July 15, 2003, subject to the recommendation made by the
P &Z. There have been no changes since the first reading.
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 A PORTION OF TRACTS 2E2, 2E5, 2E6, 2E9B,
AND 2E14, SITUATED IN THE T. EASTER SURVEY, ABSTRACT NO. 458,
AND BEING APPROXIMATELY 1.02 ACRES, AND MORE FULLY AND
COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "C -3" GENERAL
CITY COUNCIL MEETING MINUTES, AUGUST 5, 2003, PAGE 9 OF 15
COMMERCIAL DISTRICT TO "S -P -1" DETAILED SITE PLAN DISTRICT
WITH "C -3" GENERAL COMMERCIAL DISTRICT USES TO INCLUDE
PARKING AS A PERMITTED PRINCIPAL USE, AS DEPICTED ON THE
APPROVED SITE 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 -422 (ZA03 -030) 2nd Reading, subject to
Revised Site Plan Review Summary No. 3, dated August 1, 2003, and subject to P &Z's
recommendations.
Motion: Potter
Second: Morris
Ayes: Morris, Potter, Stephen, Shankland, Wambsganss
Nays: None
Approved: 7 -0
Agenda Item 7G. ZA03 -035, Site Plan for Next Century Dental. Senior Planner Dennis Killough
presented this item to the Council. This property is located on the north side of the service road
for SH 114 and approximately 775' east of Shady Lane. The current zoning is C -3 General
Commercial District and the land use designation is Office Commercial. The plan proposes an
8,100 SF dental office and 11,250 SF future office /retail building on an approximately 2.4 acre
lot. Elevations for the future building will be provided as part of a revised site plan to be
approved by P &Z and City Council prior to construction. There are no variances requested. The
Planning and Zoning Commission recommended approval as presented, subject to the site plan
review summary.
Applicant Wayne Flores, GSWW Engineers, Inc., answered Council's questions. Council
expressed concerns regarding the appearance of the back of the building which faces SH114. Mr.
Flores apologized to Council for the miscommunication on his part and said it is his intent to
make the back of the building look very much like the front of the building. He agreed for
Council to make that part of their motion to approve this item. He said the perimeter fencing will
consist of 8' wood fencing with metal posts.
Public Hearing opened.
Dr. Joe Bonola, 1800 Berrington, Roanoke, Texas, is the owner of this property. He said he has
no intention of putting up an ordinary stockade fence. He will make sure the fence is of the
highest quality. He may even place columns every 20' or so made of the same materials as the
building.
Public Hearing closed.
CITY COUNCIL MEETING MINUTES, AUGUST 5, 2003, PAGE 10 OF 15
Motion was made to approve ZA03 -035 subject to Site Plan Review Summary No. 3, dated July
11, 2003, recognizing the applicant's agreement to make the back elevation similar in
appearance to the front elevation for features such as the entrance, window treatments, lamps,
landscaping, and shutters because it is visible from SH114.
Motion: Potter
Second: Shankland
Ayes: Potter, Stephen, Shankland, Morris, Wambsganss
Nays: None
Approved: 5 -0
Agenda Item 7H. ZA03 -038, Preliminary Plat for Bonola Family Addition. Senior Planner
Dennis Killough presented this item to the Council. This is the plat associated with the previous
agenda item. The plat encompasses 8.2 acres of land northeast of the intersection of the north
side of SH 114 and Shady Lane. The plat subdivides a 2.4 acre lot for the dental office and a 5.8
acre lot for future development. There are no unresolved issues regarding the plat. The P &Z
Commission recommended approval subject to the preliminary plat review summary.
Deputy Mayor Pro Tem Potter stated the documents show varying sidewalk widths and said that
needs to be cleared up in order to be consistent with one another.
Motion was made to approve ZA03 -038 subject to Plat Review Summary No. 3, dated July 11,
2003.
Motion: Potter
Second: Stephen
Ayes: Stephen, Shankland, Morris, Potter, Wambsganss
Nays: None
Approved: 5 -0
Agenda Item 7I. Resolution No. 03 -058, (ZA03 -044) Specific Use Permit for the sale of
alcoholic beverages at Blue Mesa Cafe. Senior Planner Dennis Killough presented this item to
the Council. Blue Mesa Cafe is to be located in the east building currently under construction in
the southeast corner of Southlake Town Square, just west of the old RoomStore building. The
P &Z Commission recommended approval. Applicant Jim Barin, President of Blue Mesa, 6540
Forest Creek, Dallas, Texas, answered Council's questions. He said his lease is for ten years.
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 ON PROPERTY WITHIN THE CITY OF
SOUTHLAKE, TEXAS, BEING LEGALLY DESCRIBED AS A PORTION OF
TRACT 2A5, SITUATED IN THE R. EADS SURVEY, ABSTRACT NO. 481,
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.
CITY COUNCIL MEETING MINUTES, AUGUST 5, 2003, PAGE 11 OF 15
Motion was made to approve Resolution No. 03 -058 (ZA03 -044) for a period of ten years to be
consistent with the lease.
Motion: Potter
Second: Shankland
Ayes: Shankland, Morris, Potter, Stephen, Wambsganss
Nays: None
Approved: 5 -0
Councilmember Tom Stephen abstained from Agenda Item 7J (ZA03 -048) and left the meeting
room. He submitted a Conflict of Interest Affidavit for this item to the City Secretary's Office.
Agenda Item 7J. ZA03 -048, Site Plan for The Whitehouse at Bicentennial Commercial Office
Complex. Senior Planner Dennis Killough presented this item to the Council. This site is located
at the northeast corner of West Southlake Boulevard (FM 1709) and the entrance drive to
Bicentennial Park. The current zoning is C-2 local retail commercial district. The plan also proposes
constructing 50 of the 87 provided parking spaces on the adjoining park property to be used by the
offices during weekdays and the park on nights and weekends. The reciprocal parking agreement
proposed went before the Park Board on June 8, 2003 and was recommended for approval. This
agreement is still under review by the city attorney and should come before the City Council for
approval as a resolution in the near future. If this site plan is approved, it will be conditioned upon
approval of the parking agreement. No building permit will be issued until approval and filing of the
agreement occurs. An earlier plan was submitted to the P &Z Commission who recommended
approval subject to the site plan review and granted the stacking variance.
Applicant F.C. LeVrier, Sun Coast Architects, 1725 E. Southlake Boulevard, Southlake, Texas,
answered Council's questions. Mr. LeVrier stated he is not asking for signage approval at this
time. He stated they will use white brick.
No one spoke during the public hearing.
Motion was made to approve ZA03 -048 subject to Site Plan Review Summary No. 2, dated July
11, 2003, and accepting the applicant's revised site plan dated August 4, 2003, and granting the
variances included in that site plan.
Motion: Potter
Second: Shankland
Ayes: Morris, Potter, Shankland, Wambsganss
Nays: None
Abstains: Stephen
Approved: 4 -0 -1
Councilmember Stephen re-joined the meeting.
Agenda Item 7K. Resolution No. 03 -061, (ZA03 -050) Specific Use Permit for the sale of
alcoholic beverages at Jack's Restaurant. Senior Planner Dennis Killough presented this item to
the Council. Jack's is to be located in the eastern building tier of the Kroger/Village Center
Shopping Center. The P &Z Commission recommended approval. Applicant Jack Shaw, 7928 N.
McArthur, Irving, Texas, answered Council's questions. He said he has a five year lease with a
five year option.
No one spoke during the public hearing.
CITY COUNCIL MEETING MINUTES, AUGUST 5, 2003, PAGE 12 OF 15
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 ON PROPERTY WITHIN THE CITY OF
SOUTHLAKE, TEXAS, BEING LEGALLY DESCRIBED AS A PORTION OF
LOT 3, BLOCK 1, VILLAGE CENTER, PHASE 1, 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 -061 (ZA03 -050) for an initial term of five years
with an automatic five -year extension upon the applicant's extension of the lease (to be
consistent with the lease terms).
Motion: Potter
Second: Morris
Ayes: Potter, Stephen, Shankland, Morris, Wambsganss
Nays: None
Abstains: None
Approved: 5 -0
Mayor Wambsganss called for a break at 9:00 p.m. and called the meeting back to order at 9:09
p.m.
Agenda Item 8A. Ordinance No. 480 -421, (ZA03 -023) 1 Reading, Zoning Change and
Development Plan for Estes Park. Senior Planner Dennis Killough presented this item to the
Council. This 31.3 acre property is located on the south side of East Dove Street, 900' east of
Ridgecrest Drive. The land use designation is Low Density Residential. The current zoning on
the property is AG and the proposed zoning is RPUD. This application was originally submitted
as an SF -20A zoning request with a concept plan proposing 48 lots averaging approximately
24,000 SF, a density of 1.5 DU /Ac. and no open space. Following public comment and direction
from the P &Z, the applicant amended the request to an RPUD and tabled to revise the plan. The
resulting plan proposed 49 lots averaging 19,000 SF, a density of 1.6 DU /Ac. and 3.3 acres of
open space (11 %). At the P &Z meeting on July 17, the applicant presented an alternate plan
having 46 lots, average lot size unknown, with a density of 1.5 and approximately 4.4 acres of
open space (14 %). The P &Z Commission recommended approval subject to development plan
review summary No. 4, dated July 11, 2003, specifically stipulating the approval of the plan
containing 46 lots; that the perimeter fencing will be at least 6' high, made of rod iron, with posts
placed in such a way that it will preserve existing trees; a berm with appropriate ground cover
will be installed in the lot owned by Paul and Marsanne Howard adjacent to those identified in
the plan as lots 13 & 14 of Estes Park; subject to compliance with noise level reduction as
specified in Ordinance 479; there will be a 20' buffer line installed along the north side of lot 14
as identified in the Estes Park plan; and within that buffer line, no trees will be removed.
The Mayor allowed audience members to speak.
Ron Cullum, 745 E. Dove, Southlake, Texas, spoke in support of this request and submitted
approximately 100 letters in support to Council.
CITY COUNCIL MEETING MINUTES, AUGUST 5, 2003, PAGE 13 OF 15
Applicant Paul Spain, 395 W. Northwest Parkway, Suite 300, Southlake, Texas, made a
presentation to Council and answered Council's questions.
Jan Francis, 1211 Ashmoore Court, Southlake, Texas, did not speak but recorded her support.
Marsanne Howard, 535 E. Dove Road, Southlake, Texas, spoke in support of this request. She
stated that her support is contingent upon adoption in writing of the P &Z action on July 17,
2003, which allows for protection for her property which is immediately adjacent to this
proposed development.
Michael Francis, 1804 Kingsbridge Lane, Keller, Texas, spoke in support of this request and
represented his in -laws, Walt and Cookie Estes.
Scott Martin, 591 E. Dove Road, Southlake, Texas, spoke in support of this request. He is in
favor of the PUD concept and the use of pieces of art throughout the parks.
Mr. Spain verified that there will be a mandatory Homeowner's Association.
Motion was made to approve Ordinance No. 480 -421 (ZA03 -023) 1 Reading, recognizing the
uniqueness of the area to warrant deviation from the Land Use Plan and subject to P &Z's motion
and recommendations of July 17, 2003.
Motion: Shankland
Second: Morris
Ayes: Stephen, Shankland, Morris, Potter, Wambsganss
Nays: None
Approved: 5 -0
Agenda Item 8B. Ordinance No. 480 -423, (ZA03 -029) 1 Reading, Zoning Change and Concept
Plan for Stratfort Parc. Senior Planner Dennis Killough presented this item to the Council. This
is a 14.6 acre property located on the west side of South White Chapel Boulevard, 600' south of
West Southlake Boulevard (FM 1709). The land use designation is Medium Density Residential,
the current zoning is AG and SF -1A. The proposed zoning is SF -20A. The plan proposes 23 lots
averaging ± 24,000 SF and a density of 1.6 DU /Ac. There are no variances requested. The P &Z
Commission recommended approval subject to the concept plan review. Applicant John Fegan,
412 Briarcliff Court, Colleyville, Texas, made a presentation and answered Council's questions.
Motion was made to approve Ordinance No. 480 -423 (ZA03 -029) 1 Reading, subject to
Concept Plan Review Summary No. 3, dated June 13, 2003.
Motion: Stephen
Second: Shankland
Ayes: Shankland, Morris, Potter, Stephen, Wambsganss
Nays: None
Approved: 5 -0
Agenda Item 14. Meeting Adjourned. With there being no further business to discuss, Mayor
Wambsganss asked for a motion to adjourn the meeting at 10:19 p.m.
Motion: Stephen
Second: Shankland
CITY COUNCIL MEETING MINUTES, AUGUST 5, 2003, PAGE 14 OF 15
Ayes: Stephen, Shankland, Morris, Potter, Wambsganss
Nays: None
Approved: 5 -0
Andy Wambsganss
Mayor
ATTEST: ``aq`.¢9NICII/II.,�I
�O.•••••••. F
4A: a
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e
Lori A. Farwell
City Secretary , •e•
%,, * ** ..
818 111,,,,,1..,
CITY COUNCIL MEETING MINUTES, AUGUST 5, 2003, PAGE 15 OF 15
-9 -2003 16:26 FROM:T. STEPHEN a CO. LLP 817 424 2474 TO:8174815826 P:1 %2
Thomas Stephen & Company, LLP
250 West Southlake Blvd., Suite 250
Southlake, Texas 76092
Date: 6/9/03
To: City of Southlake
Lori Farwell
Phone: 817- 481 -1519
Fax: 817- 481 -5826
From: Thomas Stephen & Company, LLP
Darla Panizo
Phone: 817 -424 -2437 ext. 304
Fax: 817 -424 -2474
Pages: 2
Subject: Please see attached.
2 JUN - 9 2003 ---i
OFFICE OF CITY SECRETARY
2003 16:26 FROM :T. STEPHEN 2. CO. LLP 817 424 2474 TO: 9174815826 P:2.'2
ord r &1 - f 2-00 3)
CONFLICT OF INTEREST AFFIDAVIT
CDt,r/rAc, i 1/11ee - (' 1 h�
THE STATE OF TEXAS §
§
JUNTY OF �-.\
..), r C
I, ..-11A44'"' tt') y . rs' as a member of the "6.1 A,..ov Lis �t ma this affidavit and
hereby on oath state the following: I have a substantial interest in a business entity or real property as defined in
Chapter 171, Texas Local Government Code, and a vote is to be taken or a decision is to be made that will have a
special economic effect on this business entity or real property.
The agenda item affecting this business entity or real property is: P V.1.6.4 In - pie, -- clAt, E
COMPLETE (A) or (B): (A) The business entity is (name); or
(B) The real property is located at: AN • " Sart‘t is "1►x,4t
I have a substantial interest for the following reasons: (check all which are applicable)
Ownership of 10% or more of the voting stock or shares of the business entity.
Ownership of 10% or more or $15,000 or more of the fair market value of the business entity.
Funds received from the business entity exceed 10% of gross income for the previous year -
X Real property is involved and I have an equitable or legal ownership of the property with a fair
market value of at least $2,500.
A relative of mine has a substantial interest in the business entity or real property that would he
affected by a decision of the public body of which I am a member.
Upon filing of this affidavit with the City Secretary, T affirm that I will abstain from voting on any decision
involving this business entity or real property and from any further participate , n on this matter by discussion or debate.
Signed this 1 day of - Isz 1 t t 4 -4 , ,
Illr
Signature of Official
The State of y u ,,0 §
County of rrg §
B efore m , la rt r z a , on this day personally appeared
11� �In o 1 /.. Gf�.AP, known to me (or proved to me on the oath of Al lj- or through
pi-v/01 0( kgagdescription of identity card or other document) to be the person whose name is subscribed to the
foregoing instt'rument and acknowledged to me that he executed the same for the purposes and consideration therein
expressed.
Given under my hand and seal of office this day of A.D. x03 .
(SEAL) . _
OAau AKA PAN= ,
Notary Public, Stets of Vas `
"IP My Conxnisslan F3gkss , 0 , \ 411.4
4,1t, ' October 2S, 2003
. _ 4 otary Public in an for the talc of T ='! 'I°
A . Rece(veI c4- -t i€ q -S--O3
Cm/ Cou+n& ( mee -h ' -
■1 tj.
$C91- PAUL AND MARSANNE HOWARD OtRark 417 wl l
535 E. DOVE ROAD
SOUTHLAKE, TEXAS 76092
(817) 329 -7739
July 15, 2003
RE: Proposed Estes Park Development
Ladies and Gentlemen:
We are owners of the property and home at 535 E. Dove Road located immediately west of
proposed Estes Park lot #16 and immediately north of proposed Estes Park lot #17 (hereinafter
referred to as the "Lots ") pursuant to the layout distributed at the most recent Spin meeting. We
have discussed at length much of the content of this letter with Mr. Paul Spain, and have enjoyed
a positive experience in all our dealings with him. It is our hope that Mr. Spain and his associates
enjoy success in their plans to develop Estes Park (contingent upon the protections outlined in the
balance of this letter) while at the same time providing improvements for existing neighbors in the
immediate area.
Because of the significance of our location relative to the Lots, and the downward slope upon
which our home is positioned from the Lots, we submit that certain relief from potential adverse
effects be provided for in the zoning restrictions and deed(s) related to the Lots, such that any
individual or company positioned to alter the Lots shall be required in writing to provide for
certain protections as specified herein, in order to insure that our property will not be negatively
impacted by alterations on the Lots. Particularly, we are concerned for our many mature oak
trees, our privacy, and the "natural" surroundings which our property provides (which is fast
becoming `unique" to the area).
1) At the time when the initial clearing of the Lots occurs, berms should be placed at
the locations specified with green highlighter on Attachments A and B, such that
water from lot #16 flows primarily toward the 40' easement (and one property) to
the north *, and water from lot #17 flows primarily toward one property to the
west * *. Good - quality top -soil should be placed on the berms at a depth of 4" or
more, and hearty ground cover should be densely planted on the berms.
* We suggest that in the 40' easement (which is next to Mr. Scott Martin's
property) grading or trenching direct water toward the street and not onto either
Mr. Martin's property or ours.
** The property to the west of lots #17 and #18 is an open field linked to the side
of an existing home which is located to the west of (and facing) our house.
We understand that during unusually heavy rainfall we will experience some
drainage across our property, but require that drainage from the Lots not be
routed across our property. Currently, drainage flow onto our property from the
existing, heavily wooded and overgrown subject Lots (see Attachment C) is
minimal and contained.
2) Wrought -iron fencing consistent in detail and structure with that to be used
throughout Estes Park should be placed along the fence lines between our property
and the Lots, existing fence along the same lines should be removed, and shrubs or
trees immediately planted sufficient in size and density to provide privacy in short
order. It is our strong opinion that the position of our home is unique in
relation to the proposed development, in that we are immediately downhill and
at an angle from the Lots, allowing for a direct line of sight into our home.
Further, because the new homes on the Lots will be multiple level, we insist that
the shrubs and/or trees along the fence line be of a variety that will grow at least
12' in height.
It is our hope that these protections will be recorded in the applicable zoning restrictions and
deed(s), and that we will soon be welcoming our new neighbors in Estes Park.
Very truly yours,
y -) 1
Marsanne Howard
:mh
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