2001-02-20 REGULAR CITY COUNCIL MEETING
667 NORTH CARROLL AVENUE
SOUTHLAKE, TEXAS
FEBRUARY 20, 2001
MINUTES
COUNCILMEMBERS PRESENT: Mayor Rick Stacy; Mayor Pro Tem Gary Fawks;
Deputy Mayor Pro Tem Ronnie Kendall. Members: Patsy DuPre, Rex Potter, Keith
Shankland, and Greg Standerfer.
CITY STAFF PRESENT: City Manager Billy Campbell; Assistant to the City Manager
John Eaglen; Director of Planning Bruce Payne; Director of Community Services Kevin
Hugman; Director of Finance Sharen Elam; Director of Public Works Pedram Farahnak;
Senior Engineer Charlie Thomas; Assistant to the Director of Public Works Valerie
Bradley; City Engineer Mike Hutchison; Interim Director of Public Safety Ricky Black;
Chief of Police Services Marlin Price; Chief of Building Services Malcolm Jackson; City
Attorney E. Allen Taylor Jr.; and, City Secretary Sandra L. LeGrand.
WORK SESSION: Mayor Rick Stacy called the work session to order at 5:35 p.m.
Councilmembers and staff discussed items on the agenda. The work session was audio
and videotape recorded for future reference. Copies are available upon request from the
City Secretary's office.
➢ Agenda Items #5 -E and #5 -F, Authorize the Mayor to execute agreements with
TxDOT for Traffic Management Bond Program intersection improvements to
South Carroll Avenue at FM 1709, intersection improvements to Shady Oaks at
FM 1709, and Brumlow Avenue at Hwy 26. City Engineer Charlie Thomas
explained to Council the agreements and informed Council as to what the City is
going to do and what TxDOT is going to do under the terms of the agreements.
He also outlined what is planned at the intersections.
➢ Agenda Item #10 -A, Resolution No. 00 -105, Amending the Fee Schedule.
Director of Finance Sharen Elam discussed the changes to the fee schedule and
responded along with Chief of Building Services Malcolm Jackson, to questions
of Councilmember Kendall regarding the change in Building Department fees.
Interim Director of Public Safety Ricky Black explained the educational process
that will take place each year regarding the alarm ordinance fees.
➢ Agenda Items #10 -C and #10 -D, request for variances to the Lighting Ordinance
No. 693 -B and Sign Ordinance No. 704 -A for Costco Wholesale, 2601 East SH
114. It was noted that item #10 -C was withdrawn by the applicant.
➢ Agenda Item #11 -B, Public Art in Town Hall. This item is on the agenda for
discussion at the request of Councilmember Patsy DuPre. Ms. DuPre stated she
feels it is time Council considers what art will be placed in Town Hall. She
Regular City Council Meeting Minutes of February 20, 2001 Page 1
suggested displaying the originals of the murals painted by the children that were
on display on the fence around Town Hall during construction. She stated she
feels these pictures could be placed on easals around the foyer of Town Hall.
Another suggestion was to display photos of the progress of the building as it was
being built. Councilmember Rex Potter suggested putting together a committee
to work on this matter, and to involve the Tarrant County Arts Council. Director
of Community Services is to talk with Public Information Officer James Kunke
and Arts Council representative Carolyn Sims and report findings to Council in
the near future.
The work session ended at 6:15 p.m.
REGULAR CITY COUNCIL MEETING
Agenda Item #1 -A, Call to Order
Mayor Stacy called the Regular City Council meeting to order at 6:17 p.m. City Council
meetings are video and audio tape- recorded for future reference and copies are available
upon request from the City Secretary's Office.
Agenda Item #2 -A, Executive Session
Mayor Stacy advised the audience that the City Council would be going into Executive
Session pursuant to the Texas Government Code, Sections 551.071, 551.072, 551.073,
551.074, and 551.086 to seek legal advice from the City Attorney, to deliberate regarding
real property matters, to deliberate regarding a prospective gift, to deliberate regarding
personnel matters, to deliberate regarding security devices, and /or to deliberate
regarding economic development negotiations.
Council adjourned into executive session at 6:18 p.m.
Council returned to open session at 7:00 p.m.
Agenda Item #2 - B, Action Necessary/Executive Session
There was no action necessary as a result of the Executive Session.
Agenda Item #3, Invocation /Pledge of Allegiance to the Flag.
Chaplin of the Month Scott Berry, First Baptist Church of Southlake gave the invocation.
Following the invocation, Mayor Stacy led the audience in the pledge of allegiance to the
flag.
Agenda Item #4 -A, Mayor's Report
Mayor Stacy made the following announcements during the Mayor's Report.
Regular City Council Meeting Minutes of February 20, 2001 Page 2
• Filing for a place on the General Election Ballot has started and will continue
through March 21, 2001. Council Places 3, 4, and 5, are up for election.
• SPIN will hold a candidate's forum on April 10. Mark that date on your calendar.
• February 21 at 7:00 p.m. SPIN #12 will meet at Town Hall, Conference Room
#3c and #3d. Topic: Proposed office at 1475 -1501 Randol Mill Road, Southlake.
• February 21 and 22 will be Tarrant County Days at the Capitol in Austin.
Members of the 77 Legislature will be honored at a dinner on Wednesday. On
Thursday, members of the Tarrant Council and Fort Worth delegation will be
honored at a breakfast. Councilmembers DuPre and Shankland will be attending.
• February 24 from 8:00 a.m. to 2:00 p.m. A SPIN Standing Committee Orientation
will be held at Town Hall on the 3 floor conference rooms #3c and #3d.
• February 26 following the SPDC meeting, SPIN #9e and #9w will meet. Topic:
Recreation Center concept plan for the Timarron/Richards site.
• The City is planning to have the first Council meeting in the New Town Hall on
March 20, 2001.
• The City will have the Dedication Ceremony for the New Town Hall on Saturday,
March 24, from noon to 6:00 p.m. The public will be invited to attend.
Mayor Stacy announced that the Assistant City Manager Shana Yelverton had a baby boy
on February 16. "Alex Kent" mom, dad, and sister are doing well.
Councilmember Patsy DuPre announced that the Greater Southlake Women's Society
would be holding an Auction of Fine Art at the Timarron Country Club on February 24 at
6:30 p.m. The tickets are $35 per person and there is limited seating. The event will
benefit the Arts Council of Northeast Tarrant County, Community Arts program and the
Teen Court Scholarship Fund. She invited everyone to come for an evening of fun. For
tickets contact Roxanne Taylor at (817) 416 -2700.
Councilmember DuPre announced that yesterday a number of citizens and staff members
from the City of Southlake went to Austin to sit in on the hearing for the Local Option
Election Bill that Representative Vicki Truitt presented to the licensing and
administration procedures committee. DuPre stated, "I am thrilled to report that this bill
was put on a fast -tract and received a hearing before the committee in less than two
weeks from when it was filed. I believe that it was the first time in the history of this
committee that not only was this bill heard but also it was voted on unanimous with an 8-
0 affirmation of the bill. We are going forward to the next committee hearing which will
be the local and consent calendar and then on to the floor of the house, and on to the
senate floor and then on to the governor. It was very exciting and even the lobbyist
supported all of these efforts. Only one lobbyist remained neutral. We are cautiously
Regular City Council Meeting Minutes of February 20, 2001 Page 3
optimistic that at some point in the future we will have the option to call an election to
see if we want wine sales in the City of Southlake. If this takes place, we will need help
from everybody in the community because we will need 35% of the registered voters to
sign a petition within 30 days to have an election. It was very exciting."
Councilmember Patsy DuPre thanked members of the Economic Development staff for
their hard work over the past three years on this issue.
Agenda Item #4 -B, City Manager's Report
There was no report this evening from the City Manager.
Agenda Item #4 -C, SPIN Report
The SPIN Report was given by David Baltimore, the Senior SPIN Representative. He
noted that all SPIN meetings are open to the public, as is the SPIN Orientation, which
will be held on February 24. He thanked the City Council for their support and
involvement in the SPIN program. He stated that Linda Warner SPIN #9e representative
gave birth this week to a baby girl. Baltimore stated, "We are all happy for Linda and
her family."
Agenda Item #4 -D, Park and Recreation Board Report
Chairman Sherry Berman gave the Park Board report. Ms. Berman reported that at the
last meeting of the Park Board they approved the new Master Trail Plan. The plan will
be coming to the City Council in the near future. She thanked Chris Carpenter and Ben
Henry of the Community Service staff for their help. With the new plan, the Park Board
will be able to seek grants for the trails. All the citizens want trails according to the
surveys done in the community. They also allocated money from the circus to the
Friends of the Southlake Library, and are hopeful that this will help their cause. The
circus will be coming to town on March 29 and 30. The Park Board is working on an
Open Space Master Plan and hopes to be bringing the plan to Council next month. The
Park Board had a retreat last Friday to go over all of their accomplishments and goals for
next year. Director of Community Services Kevin Hugman did a great job and it was a
good meeting. The Park Board is going to start visiting other recreation centers as they
begin work on a Southlake Recreation Center.
Agenda Item #5, Consent Agenda
Mayor Stacy informed the audience that consent agenda items are considered by one
vote. He stated if anyone had a request for an item not to be considered during the
consent agenda segment, the item would be deleted from consent and considered
separately with the regular agenda. The consent agenda items for this meeting include
the following:
Regular City Council Meeting Minutes of February 20, 2001 Page 4
5 -A. Approval of the minutes of the Regular City Council meeting held February 6,
2001.
5 -B. Award of bid to Mobil Air Sweep for porter service and power washing at Town
Square.
During the public process, Council approved several Town Square maintenance
items, some of which were quarterly power washings, sidewalk cleaning, and
porter service for the City owned portion of Town Square. The contract for FY
99 -00 has expired, requiring a new contract to be executed. Five bids were
received, with Mobil Air Sweep submitting the lowest qualified bid of $15,920.
Council approved sufficient funds for this service during the budget process.
5 -C. Resolution No. 01 -007, Declaring an extension on the amortization deadline to
bring all outside storage, display and screening into compliance with Ordinance
No. 480 -ICI.
Consideration of a resolution declaring a one hundred and eighty (180) day
extension on the amortization deadline for the City outside storage regulations
(Ordinance No. 480 -1111). The Planning staff has raised a number of questions
and concerns regarding the application and enforcement of the outside storage
ordinance. Staff believes that the literal application of this ordinance may exceed
the City Council's original intent. The concerns raised by staff cover a number of
areas including the following: (1) storage of certain types of materials between
the principal building and the right -of -way; (2) types of materials that can be
stored outside; (3) the regulation of operations on property without a principal
building; and (4) the regulation of existing uses. The planning staff has sent City
Council examples of how the outside storage regulations if literally applied would
affect certain types of business operations in Southlake. The ordinance
established February 22, 2001 as the date for businesses to bring existing outside
storage, display and screening into compliance.
5 -D. Resolution No. 01 -006, Revising Resolution No. 00 -01, in support of the
application for related grant funds for a DARE officer through the Criminal
Justice Division of the Governor's Office.
Resolution No. 01 -006 is to seek continuation of funds from the Criminal Justice
Division of the Governor's Office to pay for a portion of one (1) D.A.R.E. officer.
The initial funding of this grant was approved by Resolution No. 98 -52. This
resolution will amend Resolution No. 00 -01, which allows the continuation of
funding for year 4 of the grant. The DARE officer provides drug prevention
education to the youth of Southlake attending grades K -5 in the Carroll
Independent School District. Approval of this resolution authorizes application of
funding for the final year of the grant. The city will receive $7,469 from the CJD
grant.
Regular City Council Meeting Minutes of February 20, 2001 Page 5
5 -E. Authorize the Mayor to execute an agreement with TxDOT for Traffic
Management Bond Program intersection improvements to South Carroll Avenue
at FM 1709 and intersection improvements to Shady Oaks at FM 1709.
The construction plans and specifications are complete for the construction of
intersection improvements to South Carroll Avenue and Shady Oaks Drive at FM
1709. In order for the City to do construction within the state right -of -way on FM
1709, the City must execute an agreement with TxDOT. This is a standard
agreement that TxDOT requires of all cities. The City has previously executed
similar agreements for the construction of Peytonville and White's Chapel
intersections at FM 1709. The right -of -way on the southeast corner of South
Carroll and FM 1709 has been acquired and the acquisition of right -of -way on the
southwest corner is nearing completion. It is anticipated that construction will
begin this spring.
5 -F. Authorize the Mayor to execute an agreement with TxDOT for Traffic -
Management Bond Program intersection improvements to Brumlow Avenue.
The construction plans and specifications are complete for the construction of
intersection improvements to Brumlow at SH 26. In order for the City to do
construction within the state right -of -way on SH 26, the City must execute this
agreement with TxDOT. This is a standard agreement that TxDOT requires of all
cities. The City has previously executed a similar agreement for the construction
of Peytonville Avenue and White's Chapel Boulevard intersection at FM 1709.
5 -G. Request for approval of Change Order No. 1 to CMPA, Inc. for the Department of
Public Safety, West Facility, City of Southlake, Project No. 00 -3320.
The City of Southlake entered into an agreement with CMPA, Inc. for the
construction of the Department of Public Safety, West Facility, on December 12,
2000. To date, two items have come about that have necessitated the issuance of
Change Order No. 1 for the project. The first item involves a necessary grade
change in the amount of $3,080.00. The second item involved a 12" waterline
relocation and french drain in the amount of $6,100.00. In addition, it appears
that the site for this facility contains a considerable amount of groundwater.
Some of this water is possibly migrating from the pond located to the north of the
site. Furthermore, the natural drainage of the area is from east to west and is
probably impeded, by Randol Mill and FM 1709. If this material is not dried and
compacted, more than likely, the structural integrity of the drive will be
compromised. All parties agreed that the best solution would be to install a
french drain system below and to the side of the 21 -inch storm drain with laterals
penetrating the waterline ditch that would allow the water to drain from the area.
Staff requested and received a proposal from CMPA to install 200 linear feet of
french drain and 100 linear feet of lateral drain for an increase of $1,900. The
change order totals $11,880. The Contract currently provides a "contingency"
item in the amount of $150,000. Approval of these changes will be included
Regular City Council Meeting Minutes of February 20, 2001 Page 6
under this contingency item and no change in the contract amount or the contract
time will occur as a result of these changes.
10 -A. Resolution No. 00 -105, Amending Fee Schedule.
The Fee Schedule establishes the amounts charged for a variety of services and
products provided by the City. Each year staff reviews the Fee Schedule to
determine if the amounts are appropriate for the service provided or if new
services have been introduced that need to be included in the schedule. Each
Director has reviewed and made recommendations for fee changes within their
scope of responsibility. The Fee Schedule is grouped in Sections according to
type of activity. The amendment creates two additional Sections: 1) Section VII -
Library Services and: 2) Section VIII -Fire Service Activities.
10 -C. Request for variance to Lighting Ordinance No. 693 -B, for Costco Wholesale,
2601 East SH 114.
This item has been withdrawn at the request of the applicant.
10 -D. Request for a variance to Sign Ordinance No. 704 -A, for Costco Wholesale at
2601 East SH 114.
This item was added to the consent agenda. Costco is a wholesale facility
located on the west end of Gateway Plaza and comprised primarily of a wholesale
distribution site and a tire warehouse division. The tire center is classified for
signage purposed as a separate premise with it's own entrance and thus allowed
one attached sign. Costco seeks a second sign to identify both the tire sales center
and the tire installation area. Costco also wishes to have external illumination on
its main attached signs instead of the allowed internal illumination, stating that
this method is more aesthetically appealing.
Motion was made to approve the items listed above as a consent agenda, including:
Items #5 -A through #5 -G, including Item #10 -A, and #10 -D as presented.
Motion: Fawks
Second: Standerfer
Ayes: Fawks, Standerfer, Potter, Kendall, Shankland, DuPre, Stacy
Nays: None
Approved: 7 -0 vote
Agenda Item #6, Public Forum
Ken Mitchell, Paramount Land Development Company, 13800 Monfort, Dallas. Mr.
Mitchell stated that in an effort to acquire two tracts of land in Southlake, they have been
Studying the current Land Use Plan for the City. He made a presentation to Council
indicating that the property they wish to develop falls along Union Church Road. They
are requesting that Council revisit the Land Use Study for property in the Union Church
Regular City Council Meeting Minutes of February 20, 2001 Page 7
Corridor. They offered to help with a change to the existing land use. A copy of the
presentation is hereby attached to the minutes of this meeting.
Agenda Item #7 -A, Public Hearing, 2001 Community Development Block Grant
(CDBG) for Oak Lane Paving Project and approve Engineering Services Agreement
with Cheatham and Associates for the development of construction plans and
specifications.
City Engineer Mike Hutchinson presented this item noting that in FY 1999 and FY 2000,
the Council authorized the submittal of sanitary sewer and water line CDBG projects for
the Oak Lane Subdivision. These projects were considered to be the first two in a three -
year series of projects for Oak Lane, with paving improvements completing the program
in FY 2001. The sanitary sewer project is complete and the water improvements are
underway. To meet the February 2, 2001 deadline, the staff has submitted the CDBG
application for paving improvements for this year. The cost for the paving of Oak Lane
is estimated at $266,078, including engineering. The remaining funds will be included in
the FY 2001 -2002 CIP. Cheatham and Associates has performed the engineering design
on the water and sanitary sewer projects for Oak Lane; therefore, staff believes it
appropriate to have Cheatham and Associates do the design and plan preparation for the
paving improvements.
PUBLIC HEARING: No comments were received during the public hearing.
Motion was made to approve the 2001 Community Development Block Grant (CDBG)
for Oak Lane paving project and approve the engineering services agreement with
Cheatham and Associates for the development of construction plans and specifications as
presented.
Motion: Standerfer
Second: DuPre
Ayes: Standerfer, DuPre, Potter, Fawks, Kendall, Shankland, Stacy
Nays: None
Approved: 7 -0 vote
Mayor Rick Stacy stepped down for Items #7 -B and #7 -C as he has a vested interest
in the property. Mayor Pro Tem Fawks led the meeting.
Agenda Item #7 -B, Ordinance No. 480 -355, 1 Reading (ZA 00 -132) Rezoning and
Site Plan for Quicktrip.
Senior Planner Ken Baker presented ZA 00 -132, noting that this property is located at the
southwest corner of Southlake Boulevard and Commerce Street/Gateway Drive. The
plan proposes a Site Plan with a zoning change to "S -P -1" with "C -3" uses to include a
gas station and convenience store as a permitted use. The plan shows a 4,900 square foot
building with twelve (12) gas pump islands. The applicant is requesting variances to the
following:
Regular City Council Meeting Minutes of February 20, 2001 Page 8
➢ Horizontal articulation on a portion of the north building facade required
by Ordinance No. 480, Section 43.9c1d, under the provisions of Ordinance
No. 480, Section 43.9b;
➢ Pitched Roof on the convenience store building, required by Ordinance
No. 480, Section 43.9clb, under the provisions of Ordinance No. 480,
Section 43.9b;
➢ Pitched Roof on the pump canopy, required by SUP Gas Station
Regulations, Ordinance No. 480, Section 45.10. A mansard type roof
system is proposed as a regulation under the provisions of Ordinance No.
480, Section 31, "S -P -1" Detailed Site Plan District.
Mr. Baker stated that traffic was the primary concern discussed during the Planning and
Zoning Commission meeting, therefore a traffic assessment was included in the staff
report. One other question was in regard to the criteria for locating gas stations along FM
1709 in the SUP regulations for gas stations. Under a straight "C -3" Zoning District, gas
stations are permitted only by a Specific Use Permit. When requested as a SUP, the
City's Zoning Ordinance requires all gasoline service stations on the FM 1709 corridor to
be located at signalized arterial intersections. The requirement is designed to ensure that
the supporting street infrastructure can handle higher volumes of traffic during peak
hours of traffic loading. The subject site is located at the signalized intersection of
Southlake Boulevard (Arterial), Gateway Drive (Arterial) and Commerce Street (local
street). Staff finds that, although the applicant is not bound by this requirement, this
location meets the criteria for the SUP, because the existing signal and infrastructure will
readily accommodate demand. Mr. Baker noted the Planning and Zoning Commission
recommended approval (4 -2 vote) on February 8, 2001, allowing the variances as
requested.
Applicant, Brenda McDonald, 270 North Denton Tapp Road, Ste. 100, Coppell. Ms.
McDonald began by stating that the Quicktrip Corporation is a 42- year -old corporation,
which formed in 1958 and now has 340 service stations across the United States. She
commented that the company is committed to their employees participating in the United
Way and other charitable organizations. They do not sell adult magazines or rolling
papers in their stores. They have been in the Metroplex for two years with three stores
currently under construction.
Ms. McDonald stated that this proposed site is 3.03 acres and will meet the ordinance
requirements for pitched roof. The Commerce Street side of the store will match the
front of the store.
Mike Starek, 2309 Spring Lake, Dallas, Innovative Transportation Solutions. Mr. Starek
presented the Traffic Impact Analysis.
Darrell Faglie, 505 South Kimball Avenue, Southlake. SPIN #7 Representative. Mr.
Faglie stated that the few residents who attended the SPIN meeting regarding this
Regular City Council Meeting Minutes of February 20, 2001 Page 9
property were in favor of this request. He said putting SPIN aside, as a citizen he would
like to see a gas station on the south side of Southlake Boulevard. He asked the City
Council to approve this request.
Staff reviewed all the information regarding the Traffic Impact Analysis and reported that
the impact on the a.m. and p.m. peak times would be minimal.
PUBLIC COMMENTS:
Carolyn Morris, 403 St. Charles Court, Southlake. Ms. Morris stated she attended the
SPIN meeting and did not say anything. She stated that she was not in favor and she does
not feel this is the right location for a gasoline service station. Traffic is the main concern
and she feels a service station at this location would create congestion. She also
expressed concerns with the appearance of the building and stated she does not see a
need.
Ann Creighton, 705 Lakes Court, Southlake. Mr. Creighton stated she is opposed to this
use at this location. She feels a gas station is an inappropriate use at the gateway to the
city. She also expressed concerns with the impact on traffic. She noted the area in
question has several driveway cuts and there is a question of turning in and out of the
property.
Royal E. Smith, Johnson Road, Southlake. Mr. Smith stated he looks forward to a gas
station that is located on the south side of FM 1709.
Rick Prectal, 905 Independent Parkway, Southlake. Mr. Prectal stated he is in favor of
the request and looks forward to a gas station on that side of the highway. He noted the
traffic using the gas station would be traffic already on FM 1709.
Public comments closed.
Councilmember Rex Potter stated he has concerns regarding traffic. He stated the
question we have to ask ourselves is what do we want to see when we come into
Southlake? Potter stated Council spent a lot of time on design with Gateway One and
Gateway Two. On the other side of the street we have less intense uses. He stated care
was given to transcend the less intense uses on FM 1709 with the more intense uses
behind them. He stated this use does not do that and does not have the extra things that
we have seen on other site plans. He expressed disappointment with the plan.
Councilmember Keith Shankland stated he worked for Marathon Oil Company and he
wished they had had the QT style. He noted this is a wonderful company but he cannot
support a gas station in this location as you enter the City of Southlake. He stated he
would like to see something else there. It is a wonderful company and a beautiful design,
but just does not like that use in that spot. He would like to see something else in that
location.
Regular City Council Meeting Minutes of February 20, 2001 Page 10
Councilmember Patsy DuPre stated this is a retail service area, and this use is more
compatible to the area. When looking for gasoline, she looks for something on the south
side of the road. She commented that in Southlake we need to look at where we are
going to get revenues for the city to meet the expenses - we are increasing expenditures
and flattening out revenues. She feels there is a lot in this area that makes this use more
compatible to the area, and commented that she will have a hard time saying no to this
request.
Councilmember Greg Standerfer stated, "One of the things we have done is ask for
service levels we provide our citizens. All I am asking for is a balancing of the revenue
generating items with the service levels we provide our citizens. I don't begin to say that
every project we look at is perfect, but this one to me would generate $300,000 per year
in sales tax, plus whatever ad valorum taxes would be. This is something we can add to
the city with a fairly low impact use. From a balancing standpoint, on the revenue
generation side, in an area that is surrounded by commercial and industrial uses, I don't
have a problem with this."
Councilmember Patsy DuPre stated, "We have to be very careful what kind of message
we are sending out there. We have already stated that we are 75% to 80% developed
residentially and that the majority of the development now will be on the commercial
end. Obviously, we have very strong feelings about commercial development that is
adjacent to residential uses, and I certainly understand that. This particular property, I
feel is actually benefiting our residents, and the community. I am not going to be able to
say no to this request, especially on the first reading."
Councilmember Keith Shankland stated, "When I sat on the Planning and Zoning
Commission, as did Rex Potter, part of our task was to plan and zone. We tried to think
long term in the development of the City and we are still in that phase. I think even here
(as City Council) we are more seriously charged with that. We don't know what is going
to come next week, but just because we have someone here on the doorstep willing to
build and generate revenue, does that mean it is best for the city? I don't think so. We
need the revenue and we need to be concerned about it, and we need to attract good
sources of revenue, from people like this, but we don't have to say because they are here
that we have to let them come in and build because they might get away. I want them
here, but I just don't like that location."
Councilmember DuPre commented, "I appreciate that, but from my understanding where
we need to place a gas station is at a four -way signalized stop, and there aren't that many
of those left. She appreciates the fact that they are a company that will not add certain
products to their line because they are community conscience and are willing to take a
stand."
Councilmember Ronnie Kendall stated, "If I favored a large gas station at this location, it
would be this one. But the fact is, I don't. I feel this is a very inappropriate place, it is
the entrance to our city and we have worked very hard, I along with other
Councilmembers, over the past three years, have been very concerned about the image
Regular City Council Meeting Minutes of February 20, 2001 Page 11
people get as they enter our city. I have spent countless hours on an entry portal
committee that didn't get very far because we didn't get any funds. It was going to be the
first thing people saw as they enter into Southlake. I worked with a local developer who
developed Gateway Plaza, and who worked very hard buying up all the property so we
can have a comprehensive look and a nice development as you enter the town. I am very
concerned about the look of the entry into our town, and that is why I don't support a
large gas station and convenience store at this location. Maybe another location, but not
this location."
Councilmember Patsy DuPre stated she also served on the portal committee and the
developer of Gateway has been very generous and coming forward in anticipation of
developing the entry. DuPre stated, "If there is going to be a quality development in that
area, this is a quality developer. I just can't see how this gas station cannot fit into the
area with a bank, office building, dry- cleaners, day -care, warehouse, retail sales, etc."
Motion was made to approve ZA 00 -123, the Quicktrip site, on property described as
portions of Lots 1 & 2, Block B, Commerce Business Park, being 3.029 acres; located on
the southwest corner of the intersection of East Southlake Boulevard, (F.M. 1709), and
Commerce Streets; the "C -3" use limited to convenience store with service station uses;
providing the variances approved by the Planning and Zoning Commission as listed and
subject to Site Plan Review Summary #2.
Motion: Standerfer
Second: DuPre
Mayor Pro Tem Gary Fawks commented, in response to the comments about
alternatives to this piece of property, he did hear Economic Development state
emphatically that there is a shortage on lots this size and nature available to
quality sit -down quality restaurants, such as Roosters, that want to locate in our
community, and this seems like the more appropriate use for this particular piece
of property. It would impact traffic during non -peak hours and it would address
the need that our citizens said they clearly want in our community.
Ayes: Standerfer, DuPre
Nays: Potter, Kendall, Shankland, Fawks
Denied: 2 -4 vote
Agenda Item #7 -C, Resolution No. 01 -008, ZA 00 -143, SUP for Sale of Packaged
Beer for Off - Premise Consumption
This Specific Use Permit for the sale of packaged beer for off - premise consumption for
Quicktrip is associated with the previous item. There were no unresolved issues
specifically related to this request. The Planning and Zoning Commission recommended
approval (5 -0 vote) on February 8, 2001.
Applicant, Brenda McDonald. Ms. McDonald stated as you might imagine Quicktrip
has a very extensive responsible position toward the sale of alcoholic beverages. It does
Regular City Council Meeting Minutes of February 20, 2001 Page 12
not sell single alcoholic beverages and they send all of their employees to extensive
training for someone who works with the TABC. Ms. McDonald stated, "I want you to
know that you have turned down tonight, a company that would be a wonderful asset to
the community and I am very disappointed with the vote."
Councilmember Keith Shankland stated that Council has not turned down Quicktrip, but
in fact has turned down this location.
PUBLIC HEARING: No comments were made during the public hearing.
Motion was made to deny Resolution No. 01 -008, SUP for Quicktrip.
Motion: Potter
Second: Shankland
Ayes: Potter, Shankland, Fawks, Kendall, Standerfer
Nays: DuPre
Approved to deny: 5 -1 vote
Mayor Stacy returned to the Council table.
Agenda Item # 10 -B, Approve the Conceptual design for roadway improvements to
Johnson Road from Pearson Lane to Randol Mill Avenue.
Senior Engineer Charlie Thomas stated, the reconstruction of Johnson Road from Pearson
Lane to Randol Mill Avenue was included in the 1999/2000 CIP. Halff and Associates
Engineers were contracted to perform the preliminary engineering to determine the
conceptual design for this project. This section of roadway is a mile long, very narrow
and trees line both sides of the existing pavement. The pavement is in poor condition and
there is a significant drainage problem in the middle of the project. In order to save as
many trees as possible along this roadway and still reconstruct the pavement with
drainage improvements, it was determined that, in lieu of building the ultimate section as
shown on the Master Thoroughfare Plan, the recommended section would be 22 feet wide
for the entire length with a left turn lane at Pearson Lane and Randol Mill Avenue.
A SPIN meeting was held on January 23, 2001, to discuss the conceptual design with
property owners in the area. Many comments and questions were received from the
property owners. Most comments were regarding the width of the proposed roadway and
saving the trees. There was concern for drainage improvements and the existing sanitary
sewer lines. Slowing of traffic was also discussed. The preliminary engineering study
has also identified the fact that reconstruction of Johnson Road will present difficulty in
handling traffic and access to adjacent property because there is only one intersecting
street between Pearson and Randol Mill Avenue to give alternate routes for traffic.
Design and plan preparation will address these issues.
Jerry Roberts, Halff and Associates. Mr. Roberts made a presentation to the City Council
regarding the conceptual design. The roadway is 5,300 foot long and includes 35
parcels of property, totaling 66 property owners. He noted the total cost of the plan for
Regular City Council Meeting Minutes of February 20, 2001 Page 13
water, sewer, and engineering are $1.5 million dollars. He stated that construction of the
project would be difficult to build because everywhere they work, the road will be closed.
He indicated they would like to build the road in the summer months.
Marilyn Smith, 300 Timber Trail, Southlake. Ms. Smith urged the City Council to protect
Southlake's history and heritage.
HC Lyda, 2715 Johnson Road, Southlake. Mr. Lyda was given the opinion that the road
would be destroyed, but he supports the plan for the 22 foot wide roadway. He thanked
Charlie Thomas for his assistance.
Royal Smith, 300 Timber Road, Southlake. Mr. Smith stated he is elated over this plan.
He is worried about the trees that are not protected. He asked how many additional trees
would be planted, and the response was 65 trees, with a caliber of 4 ".
Sidewalks were discussed.
Councilmember Rex Potter asked why are we buying more right -of -way? Mr. Thomas
commented from a safety standpoint. They can build a roadway without buying 50'
right -of -way. Councilmember Potter commended staff for listening to the citizens, which
made it a win -win situation.
Motion was made to approve as shown this evening acquiring right -of -way only as staff
deems necessary.
Motion: Potter
Second: Standerfer
Ayes: Potter, Standerfer, Fawks, Kendall, Shankland, DuPre, Stacy
Nays: None
Approved: 7 -0 vote
Mr. Pervis stated that this street needed some attention in the meantime.
Mayor Pro Tem Gary Fawks stepped down for Items #7 -D, and #7 -E.
Agenda Item # 7 -D, Ordinance No. 480 -356, 1 Reading (ZA 00 -133).
Ordinance No. 480- 356,1 Reading and Concept Plan for Parker's Corner, on property
described as a portion of Lot 5R1, Parker's Corner; and Tracts 2A3 and 7A, Jessie G.
Allen Survey, Abstract No. 18; being 2.959 acres of land. Current zoning is "AG"
Agricultural District and "C -2" Local Retail Commercial District. Requested zoning "S-
P-2" Generalized Site Plan District with "C -2" Local Retail Commercial District uses.
Senior Planner Ken Baker stated that the Planning and Zoning Commission at its
February 8 meeting recommended approval of this item (5 -0 vote) subject to Concept
Plan Review Summary No. 3, dated January 31, 2001, accepting the requested variances
Regular City Council Meeting Minutes of February 20, 2001 Page 14
for the minimum driveway spacing and minimum stacking depth. The applicant is
requesting the following variances:
➢ The drive intersecting Davis Boulevard must have a minimum driveway
spacing of 500' from the nearest drive. A current drive exists that is
located 431' to the north.
➢ Provide the stacking depth from connecting R.O.W. A minimum
storage length of 75' is required. Approximately 40' of stacking depth
has been provided.
The applicant is proposing the following S -P -2 District Regulations:
➢ The applicant is requesting that the minimum size for a separate building
or structure in the district be 1,500 square feet. (The C -2 & C -3 districts
have a minimum size 2000 square foot requirement for separate building).
➢ The west Type "A" bufferyard is required to be 5' in width (Ordinance
No. 480, Section 42.4 f). There is a 25' section adjacent to the internal
drive on the west property line in which the bufferyard does not meet this
width requirement. Applicant has requested that the bufferyards be
approved as shown.
➢ The drive -in canopies will have pitched roofs.
➢ The drive -in canopies locations, sizes and setbacks approved as shown on
the Concept Plan.
Traffic Impact:
The normal hours of the proposed Sonic Restaurant are from 10 a.m. to 11 p.m. Monday
through Thursday and from 10 a.m. to 12 a.m. Friday and Saturday. The peak traffic
hours of the Sonic restaurant are between 12 p.m. and 1 p.m. and 6 p.m. and 7 p.m. It is
projected that during this peak time, the restaurant will generate approximately 80
vehicles for both peak periods. The restaurant is projected to generate an additional 460
vehicle trips per day. The retail portion of the site is projected to generate 162 vehicle
trips per day. The peak time for the retail is estimated to be between 4 p.m. and 6 p.m.
During the peak hour it is projected that the site will generate 22 trips per hour.
Applicant: John Drews. Mr. Drews stated his plan is to landscape, maintain the
property, and leaving the drainage channel in the natural state.
Motion was made to approve Ordinance No. 480 -356, 1 reading (ZA 00 -133), subject to
the Concept Plan Review Summary No. 3, dated January 31, 2001 incorporating the
Planning and Zoning Commission recommendation.
Motion: Potter
Regular City Council Meeting Minutes of February 20, 2001 Page 15
Second: Shankland
Ayes: Potter, Shankland, Kendall, Standerfer, DuPre, Stacy
Nays: None
Approved: 6 -0 vote
Agenda Item #7 -E ZA 00 -135, Plat Revision for Parker's Corner
ZA 00 -135, Plat Revision for proposed Lots 5R1 -R1, 5R1 -R2 and 5R2 -R1, Parker's
Corner on property described as Lots 5R1 & 5R2, Parker's Corner; and Tracts 2A3 and
7A, Jessie G. Allen Survey, Abstract 18; and being 3.932 acres.
Senior Planner Ken Baker presented ZA 00 -135, noting this is the plat associated with the
previous item. The purpose is to include un- platted property and re- locate some lot
boundaries in the original plat. There are no unresolved issues related to this request.
The Planning and Zoning Commission recommended approval (6 -0 vote) subject to the
review.
Motion was made to approve ZA 00 -135, incorporating the Plat Review Summary No. 2,
dated February 2, 2001; and subject to the recommendation of the Planning and Zoning
Commission.
Motion: DuPre
Second: Kendall
Ayes: DuPre, Kendall, Shankland, Standerfer, Potter, Stacy
Nays: None
Approved: 6 -0 vote
Agenda Item #7 -F, ZA 00 -134, Site Plan for Sonic Drive -In
ZA 00 -134, Site Plan for Sonic Drive -In, on property described as a portion of Lot 5R1,
Parker's Corner; and portions of Tracts 2A3, and 7A, Jessie G. Allen Survey, Abstract
No. 18 and being 1.58 acres of land. Current zoning is "AG" Agricultural District and
"C -2" Local Retail Commercial District.
Senior Planner Ken Baker presented the Site Plan for Sonic Drive -In, noting this is the
site plan for Sonic Restaurant, which is located on Davis Boulevard. The Planning and
Zoning Commission at its February 8 meeting approved this item (5 -0 vote) subject to
Site Plan Review Summary No. 3, dated January 31, 2001, allowing the variances for the
pitched roof and allowing the applicant to use exposed structural support columns in lieu
of masonry material. The applicant is requesting the following variances:
➢ All buildings under 6,000 square feet must have pitched roofs as defined
in Ordinance No. 480 - Section 43.12
➢ Exposed structural support columns shall be constructed of, or clad, in the
same masonry material as the principal structure- Ordinance No. 480
Section 43.9.1(e).
Regular City Council Meeting Minutes of February 20, 2001 Page 16
Dennis Clark, President, 1705 Northwest Highway, Grapevine. Mr. Clark stated he is a
Sonic franchisee and has 25 restaurants. He stated the anticipated sales and property tax
would be $100,000 per year. He stated they are meeting all city codes.
John Drews, Developer. Mr. Drews stated they hired full time help to constantly pick up
trash on the property as with the center on the other side of Davis Boulevard.
PUBLIC HEARING: No comments were made during the public hearing.
Motion was made to approve ZA 00 -134, Site Plan for Sonic Drive -in subject to the Site
Plan Review Summary #3, dated January 31, 2001; incorporating the variances approved
by the Planning and Zoning Commission.
Motion: DuPre
Second: Kendall
Ayes: DuPre, Kendall, Shankland, Standerfer, Potter, Stacy
Nays: None
Approved: 6 -0 vote
Mayor Pro Tem Gary Fawks returned to the Council table.
Agenda Item #10 -E, Directing Planning and Zoning Commission to consider
modifications of Land Use Plan for Clow Property, CIDS property and Swirczynski
property for medium density residential to low density residential.
Director of Planning Bruce Payne presented this issue, noting the subject properties 91
acres are located between Shady Oaks Drive and North Peytonville Drive and are
currently zoned "AG" Agricultural District. J. Clow owns approximately 70 acres and 20
acres of land is owned by the Carroll Independent School District. A future middle
school is scheduled to be constructed on the CISD property near North Peytonville
Avenue. In November 2000, the City Council amended the Master Thoroughfare Plan to
provide a (C2U) east -west connector in this area. The Planning staff contacted Mr. Clow
concerning the possible land use designation change on his property. Mr. Clow indicated
to staff that he was adamantly opposed to the proposed land use change. Mr. Clow
indicated to staff that he believes that a land use change from medium density residential
to low density residential would decrease the value of the property. Staff also contacted
Brent Kline with Total Project Management (CISD consultants). Mr. Kline indicated that
the City Council might wish to consider a Pubic /Semi Public land use designation in lieu
of a Low Density Residential land use designation for the CISD property. A Public /Semi
Public designation would be more representative of the future land use on the property
and serve as an indicator to residents that a school is planned for this site.
Virginia Clow, 820 Shady Oaks Drive, Southlake. Ms. Clow stated she is against
changing the zoning classification on her property. When something comes up, it
devalues their property. They like it the way it is.
Regular City Council Meeting Minutes of February 20, 2001 Page 17
Councilmember Gary Fawks commented, "What we are trying to do with the Land Use
Plan is send a clear intention of what we have envisioned for the future development of
the property. It is not zoning, it's not changing anything about that. If there is an
uncertainty I am not wanting to make a big fuss about that."
After discussion by Councilmembers, Councilmember Fawks stated that the Land Use
Plan could be revisited in the fall, 2001.
Agenda Item #8 -A, ZA 00 -085, Preliminary Plat of Emerald Estates South
(currently called The Lakes of Dove).
ZA 00 -085, Preliminary Plat of Emerald Estates South, (currently called The Lakes of
Dove), on property described as Lot 2, Block 1, Emerald Estates South.
Senior Planner Ken Baker stated that the City Council approved the Rezoning and
Concept Plan for this property at the February 6, 2001 meeting. The zoning approved
was "SF -1A" Single Family Residential District with the following conditions:
o Subject to Concept Plan Review Summary No. 7, dated February 2, 2001,
with the consent of the applicant for "SF -1A" zoning; limited to seven
lots; full engineering and construction plans to be provided with final plat
submission; developer agrees to not use the drainage and utility easement
within Emerald Estates; agrees to fence the detention ponds and aerate if
the pond or ponds become filled.
Engineering has provided an assessment of the preliminary drainage study for this
property, which is included in the staff report. The Planning and Zoning Commission
recommended approval (6 -0 vote) allowing the requested variance for R.O.W. dedication
on Dove in lieu of providing a 6' pedestrian easement. It was noted that there has not
been any changes since the last meeting.
Motion was made to approve ZA 00 -085, subject to the Plat Review Summary No. 7
dated February 16, 2001; allowing the right -of -way as requested by the applicant in lieu
of the pedestrian easement.
Motion: Fawks
Second: Kendall
Ayes: Fawks, Kendall, Shankland, DuPre, Standerfer, Potter, Stacy
Nays: None
Approved: 7 -0 vote
Agenda Item #8 -B, Ordinance No. 480 -357, 1 Reading (ZA 00 -140)
Ordinance No. 480 -357, 1 Reading (ZA 00 -140), Rezoning and Concept Plan for
proposed Lots 1, 2, and 3, Block A, Cornerstone Plaza, on property described as Tracts 2,
2A1, 2A1A, 2A1B, 2C, and a portion of Tract 2A2A, Thomas Easter Survey, Abstract
No. 474; Lot 2R2, Block 5, Cornerstone Business Park; and a portion of Crooked Lane
Regular City Council Meeting Minutes of February 20, 2001 Page 18
right -of -way; and being 9.5543 acres. Current zoning is "AG" Agricultural District and
"0-1" Office District, with a requested zoning of "S -P -2" Generalized Site Plan District
with limited "C -3" General Commercial District uses.
Senior Planner Ken Baker noted the property is located on the south side of East
Southlake Boulevard east and west of Crooked Lane and at the southeast corner of
Southlake Boulevard and South Nolen Drive. A zoning change to "S -P -2" with limited
"C -3" uses along with a Concept Plan for approximately 72,500 square feet of
retail /restaurant space (6 buildings) is proposed. Under the "S -P -2" site plan district
zoning the applicant proposed the following:
➢ Maximum overall impervious coverage of 76% with a maximum per lot of
78.5% Ordinance No. 480, Section 22.5k allows a maximum per lot of
75 %.
➢ No bufferyards required along lot lines internal to the development.
Ordinance No. 480, Section 42.3 requires bufferyards along the outer
perimeter of all lot or boundary lines.
➢ The applicant also proposed deletion of some "C -3" district uses as noted.
Variances are requested for the following:
➢ Bufferyard encroachment under provisions of Ordinance No. 480, Section
42.15
➢ Driveway stacking depth and spacing under provision of Ordinance No.
634, Section 8.
The Planning and Zoning Commission recommended approval (5 -0 vote) subject to the
Concept Plan Review allowing the requested variances, regulations and uses as proposed.
Applicant, Max Krugler, Par 3 Properties, 2810 Market Loop Ste. 100, Southlake. Mr.
Krugler presented his concept plan to the City Council. He explained to Council his list
of deleted "C -3" uses.
Councilmember Ronnie Kendall asked Mr. Krugler to include in the deleted uses, the
following: tires, batteries, automotive accessory sales, adding, gas stations to that list.
Mr. Krugler agreed to add those deleted uses to his list.
After discussion, motion was made to approve Ordinance No. 480 -357, 1 Reading,
subject to the Concept Plan Review Summary No. 2, dated February 2, 2001; adding the
deleted uses of: no tires, batteries, automotive parts, gas stations, no drive through
restaurants; also deleting those items as shown in the permitted uses, including:
auditoriums, theatres, cinemas; conventional golf courses, including outdoor driving
Regular City Council Meeting Minutes of February 20, 2001 Page 19
ranges accessory thereto; lodges, sororities and or fraternities, mortuaries, funeral homes
and undertakers; and allowing the variances as shown on the application.
Motion: Standerfer
Second: Kendall
Ayes: Standerfer, Kendall, Shankland, DuPre, Potter, Fawks, Stacy
Nays: None
Approved: 7 -0 vote
Agenda Item #8 -C, ZA 00 -141, Preliminary Plat for Lots 1, 2, and 3, Block A,
Cornerstone Plaza.
ZA 00 -141, Preliminary Plat for Lots 1, 2, and 3, Block A, Cornerstone Plaza, on
property described as Tracts 2, 2A1, 2A1A, 2A1B, 2C, and a portion of Tract 2A2A,
Thomas Easter Survey, Abstract No. 474; Lots 2R2, Block 5, Cornerstone Business Park;
and a portion of Crooked Lane Right -of -Way; and being 9.5543 acres of land.
Senior Planner Ken Baker noted that this is the plat associated with the previous item.
There are no unresolved issues specifically related to the plat. The Planning and Zoning
Commission recommended approval (5 -0 vote) subject to the review and all
abandonment issues related to Crooked Lane being resolved with the City.
Applicant, Max Krugler, 708 Nettleton, Southlake. Mr. Krugler was present to answer
questions of Council.
Motion was made to approve the Preliminary Plat of Lots 1, 2, and 3, Block A,
Cornerstone Plaza subject to the Plat Review Summary No. 2, dated February 2, 2001.
Motion: Standerfer
Second: DuPre
Ayes: Standerfer, DuPre, Potter, Fawks, Kendall, Shankland, Stacy
Nays: None
Approved: 7 -0 vote
Agenda Item #11 - A, Discussion: Charter Review Status
Assistant to the City Manager John Eaglen stated he has taken Council input from the
February 1 meeting and developed some draft ballot language for the items. One
objective of this discussion is to provide Council an opportunity to review the draft
language and provide additional comments. Should Council determine that the May 5
election date is the preferred alternative, staff must bring the Resolution and Ordinance
(1 Reading) calling for a Charter Amendment Election to Council at the next City
Council meeting on March 5. The City Attorney recommended that if there are other
items that Council wishes to include on the ballot, then another Charter Review
Committee meeting would need to occur prior to Thursday, March 1.
It was the consensus of the City Council that staff should go forward with a Charter
Amendment Election on the May 5, 2001 ballot.
Regular City Council Meeting Minutes of February 20, 2001 Page 20
After discussion, it was suggested that items D and E in Section 11.06 The Master Plan,
be left as is and eliminate Proposition No. 7 from the ballot.
Agenda Item #12, Adjournment
Mayor Stacy adjourned the Regular City Council meeting of February 20 at 12 midnight.
i/ ft
ayo Rick Stacy
ATTEST: ,,,,,,,,,,,,,,,,,,
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Sandra L. LeGrand
City Secretary
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Regular City Council Meeting Minutes of February 20, 2001 Page 21
CONFLICT OF INTEREST AFFIDAVIT
THE STATE OF TEXAS §
COUNTY OF
ntt
I, I � / as a member of the l,{ # it) , make this affidavit
and hereby on oath state the fo owing: I have a substantial interest in a b iness entity or real property as defined in
Chapter 171, Texas Local Go eminent Code, and a vote is to be taken o a decision is to be made that will have a
special economic effect on this business entity or real property. fi�,,
The agenda item affecting this business entity or real property is: 1 -0 3- 1-e
COMPLETE (A) or (B): (A) The business entity is (name); or
(B) The real property is located at:
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.
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
be affected by a decision of the public body of which I am a member.
Upon filing of this affidavit with the City Secretary, I affirm that I will abstain from voting on any decision
involving this business entity or real property and from any further participation on this matter by discussion or debate.
Signed this AtC day of j O
S 'I'• of Official
i
The State of '
County of ,, ° §
A ( 4 1, 1 44 / Be ore e ��."�!__ +_�„ this day personally appeared
known to me (or proved to me on the oath of or
through 6 . (descriptio of identity card or other document) to be the person whose name is
subscribed to the foregoing instrument and acknowledged to me that he executed the same for the purposes and
consideration therein expressed.
Given :►'-w" SA : - NDRA L • EG . RaND this ice day of Jd , A.D. �-0D .
•
r�. L - - - - -�
(SEAM, k`�1 * Notary Public
9T��.�P State of Texas
- - - _ _ My Appt. Exp. 0 2 -04-2005 -
Notary Public in and for the State of Texas
H:\ LIBRARY\ Municipal\ MERGE \ConflictoflnterestAffidavit.wpd
City of Southlake, Texas
MEMORANDUM
February 16, 2001
TO: Billy Campbell, City Manager
FROM: John Eaglen, Assistant to the City Manager (481 -1433)
SUBJECT: Charter Review Status
Action Requested: City Council discussion of the status of the Charter Review process and of
the desire to hold a Charter Amendment Election on May 5, 2001.
Background
Information: At the February 1, 2001 Charter Review Committee meeting, staff
committed to revise the potential items per the Committee's direction and
bring back the items for review as a discussion item at a City Council
meeting. Staff has attempted to incorporate the input received into the list of
potential items, and has developed election ballot proposition language for
review. For the purposes of this discussion, the identified objectives include
the following:
• Project Status Review since the February 1, 2001 Charter Review
Committee Meeting — Staff has taken the comments received and drafted
seven (7) potential ballot propositions for your review. Consistent with
your direction, staff has attempted to keep the ballot language simple and
reflective of the intent for the proposition (i.e. — consistent with State
Law, etc.). The ballot language and the redline strikeout version of the
current complete Sections (highlighting the proposed amendments) is
included for your review and comment.
• Discussion of the desire to hold a May 5, 2001 Charter Amendment
Election — If there is a desire to proceed in conjunction with the May
General Election, the Resolution and Ordinance calling for a Charter
Amendment Election would need to be placed on the March 6 City
Council Agenda for consideration of the first reading. The first reading
would provide one more opportunity for review of the items and the
ballot language prior to the consideration of the second reading on March
20.
If the May 5 Election date is determined to be the preferred alternative,
and should there be a desire to add other propositions to the ballot, the
City Attorney has suggested that another Charter Review Committee
meeting would be necessary prior to Thursday, March 1S`. However, if
the items to date are acceptable, most of the legal review is complete
(with the exception of some final tweaking). An updated timeline for the
legal and election requirements and the decision points for a May 5
Election Date is included for your review and comment.
Mir
Billy Campbell, City Manager
February 16, 2001
Page 2
• Briefing of Public Education Plan timeline for a May 5, 2001 Election
- This phase of the project would need further development, but for a
May 5 Election, the following components and dates would initially be
proposed:
1. Finalization of Election Logistics - March 21 through April 1.
2. Development of Initial Version of Question and Answer Summary -
Currently ongoing through March 6.
3. Development of Informational Materials and Presentation -
Currently ongoing through March 23.
4. Implementation of Public Education Initiatives - March 26 through
April 27.
Financial
Considerations: Holding a May 5, 2001 Charter Amendment Election saves an estimated
$10,000. Additional financial considerations include minimal attorney fees to
review the verbiage of the propositions, and for the development of changes
needed to comply with State Law.
Citizen Input/
Board Review: The Charter Review Committee reviewed a list of potential items at their
February 1, 2001 meeting. Staff has attempted to incorporate the input
received at the meeting into the development of the potential ballot
propositions.
Legal Review: The City Attorneys have reviewed the potential propositions and the ballot
language. Debra Drayovich from the City Attorney's Office will also be
present at the meeting to address legal issues regarding the Charter Review
process.
Alternatives: Input towards the discussion as desired.
Supporting
Documents: Supporting documents include the following items:
• Copy of the list of potential Charter Amendment Election items (redline
strikethrough version of the impacted Charter Sections).
• Copy of the DRAFT ballot proposition language.
• Copy of the updated summary of the election timeline and decision points
for a May 5, 2001 Charter Amendment Election.
• Copy of the Public Education Plan summary, including target dates.
Billy Campbell, City Manager
February 16, 2001
Page 2
Staff
Recommendation: Place as an item for the City Council to review and discuss the potential
Charter Amendment Items, and to discuss the potential for holding a Charter
Amendment Election on May 5, 2001.
JE
ig.3
Charter Amendment — List of Potential Propositions
February 20, 2001
COMMENTS REDLINE VERSION
2.02. Elective Officers.
(a) The members of the Council shall be elected and hold
office as provided in this Charter. All members of the
Council, and the Mayor, shall be elected under the Place
system. The Mayor and each member of the Council
shall hold office for a three (3) year term. Upon
expiration of the terms of the current Mayor and Council
members their successors shall be elected for terms as
follows:
Place 1 and Place 6 shall be elected for a term of two (2)
years, beginning with the regular City election held on
the first Saturday in May, 1991.
Place 2 and the Mayor shall be elected for three (3) year
terms, beginning with the regular City election held on
the first Saturday in May, 1991.
Place 3, Place 4, and Place 5 shall be elected to terms of
three (3) years, beginning with the regular City election
held on the first Saturday in May, 1992.
Upon the expiration of the above terms of the Mayor and the
Council members, their successors shall be elected for terms
of three (3) years. All places, including Mayor, will be
elected at large.
(b) The Judge of the Municipal court shall be
th «) yeaF terms appointed by the City Council to
serve for a two (2) year term. The municipal court judge
must be a resident of the city.
11 4 •
Charter Amendments — List of Potential Propositions 02/15/01 Page 1 of 8
Charter Amendment — List of Potential Propositions
February 20, 2001
COMMENTS REDLINE VERSION
2.13. Nepotism.
.
"The Laws of the State of Texas shall control all matters
related to nepotism."
4.01. Administrative Departments.
There shall be such administrative departments as are
established by this Charter and may be established by
ordinance and expecting as otherwise provided in this
Charter, these administrative departments shall be under the
direction of the City Manager.
The Council shall have power by Ordinance to establish
administrative departments or offices not herein provided by
this Charter. The Council may discontinue, redesignate, or
combine and of the departments and /or administrative offices.
No changes shall be made by the Council in the organization
of the administrative service of the City until the
recommendations of the City Manager thereon shall have
been heard by the Council.
The head of each department shall be a chief, director, or
superintendent who shall be appointed by the City Manager
subject to the approval of the Council and such chief, director
or superintendent shall have Fr uroorlizieeion--and--sentrel
supervisory authority and financial control over his
department. Two or more departments may be headed by the
same individual and the City Manager may head one or more
departments.
Mit
Charter Amendments — List of Potential Propositions 02/15/01 Page 2 of 8
•
Charter Amendment — List of Potential Propositions
February 20, 2001
COMMENTS REDLINE VERSION
5.02. Judge of the Court.
The "Judge of the Municipal Court" shall be
• - - .. - • . - • be appointed by
the City Council. The Judge shall be a resident of this state,
be a citizen of the United States, a ; a licensed attorney in
good standing, licensed to practice in the State of Texas, and
must have two (2) or more years of experience in practicing
law in this state. and must meet a ll oth g o ns
! ,
M ayor an d th Cit Council The Judge Shall serve for a
three (3) two (2) year term. The Council shall fix the
compensation for the Judge, the Judge's salary may not be
diminished during the Judge's term of office, and such
compensation shall never be based on the fines assessed or
collected.
If a vacancy occurs in the office of a municipal judge of a
court of record, the city council shall by ordinance appoint a
qualified person to fill the office for the remainder of the
unexpired term. The city council may appoint one or more
qualified persons to be available to serve for a municipal
'udte who is tem•oraril absent due to illness, famil death,
continuing legal or judicial education programs, or any other
reason. The municipal judge shall select one of the qualified
persons appointed by the city council to serve during the
absence of the municipal judge. The substitute judge, while
serving as a municipal judge, has all the powers and shall
discharge all the duties of a municipal judge. A substitute
judge must meet all of the qualifications prescribed for the
municipal judge. The city council shall set the compensation
for the substitute judge.
/144.
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Charter Amendment — List of Potential Propositions
February 20, 2001
COMMENTS REDLINE VERSION
5.04. Absence of Judge.
The Council shall appoint an alternate Judge who shall have
the same qualifications of Municipal Judge and who shall
receive such salary as may be fixed by the Council. In case of
the temporary disability or absence of the Judge of the
Municipal Court, the alternate Judge shall have authority to
act as Judge of said court. The Council shall by appointment
fill a vacancy in the office of the Judge for the remainder of
the unexpired term. The City Council may appoint one or
more persons who meet the qualifications specified in Section
5.02 to be available to serve for a Municipal Judge who is
temporarily absent due to illness, family death, continuing
legal or judicial education programs, or any other reason.
7.11. Holding Other Office.
No person elected to the Council shall, during the term for
which he is elected to the Council, be appointed to any office,
position, or employment in the service of the City, and no
former member of the Council shall hold any compensated,
appointive city office or employment until one year after the
expiration of the term for which he is elected to the Council.
If any member of the Council shall become a candidate for
election to any public office except for re- election to his
current place, he shall immediately upon his becoming a
candidate forfeit his place on the Council and serve until his
successor is elected.
If any member of a board or commission appointed by the
Council shall become a candidate for election to any public
office of the City, he shall immediately upon his becoming a
candidate forfeit his place as a member of such board or
commission.
If any appointive officer of the City shall become a candidate
for election to any public office, he shall immediately upon
becoming a candidate forfeit the office held within the City.
If any employee of the City shall become a candidate for
election to any public office of the City of Southlake, he shall
immediately upon becoming a candidate, forfeit the
employment held within the City.
Charter Amendments — List of Potential Propo i 2/15/01 Page 4 of 8
Charter Amendment — List of Potential Propositions
February 20, 2001
COMMENTS REDLINE VERSION
9.04. Submission.
The City Manager shall submit to the Council a proposed
budget and accompanying message on or before the
fifteenth day of August of each year. The Council shall
review the proposed budget and revise it as deemed
appropriate prior to the general circulation for public hearing.
11.04. Purpose and Object of the Planning and
Zoning Commission.
The purpose and object of the Planning and Zoning
Commission is to act as an advisory board to the Council in
matters designated by ordinance and by state law. Except for
matters relating to city parks which are delegated by the
Council to another city board with responsibilities relating to
city parks, and for matters relating to the acquisition of
easement(s) and right -of -ways, where the Council will retain
the responsibility to review, the Commission shall advise the
Council on matters relating the zoning, public improvements,
civic improvements, city planning, opening, widening, and
changing of streets (excluding easement(s) and right -of -ways
acquisition), routing of public utilities, controlling and
regulating traffic upon the public streets and ways of the City
and such other matters relating to City improvements as the
Commission and the Council may deem beneficial to the City.
11.06. The Master Plan.
(a) The Planning and Zoning Commission shall formulate and
recommend to the Council a Comprehensive Master Plan
and shall consult with the City Manager and with other
City departments regarding planning.
(b) The Master Plan for the physical development of the City
shall contain the Commission's recommendations for
growth, development and beautification of the City and
for City infrastructure necessary to maintain and enhance
the health, safety, and welfare of its residents. The Master
Plan shall consist of at least these components:
Ale
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Charter Amendment — List of Potential Propositions
February 20, 2001
COMMENTS REDLINE VERSION
11.06. The Master Plan (Continued).
(1) Land Use Plan;
(2) Thoroughfare Plan
(3) Parks, Recreation, and Open Space Plan;
(4) City -wide Trail Master Plan;
(5) Water and Wastewater Plan;
(6) Storm Water Drainage Plan;
and such other components that the Council may
designate by ordinance or resolution. Each component of
the Master Plan shall address a planning horizon of at
least ten (10) years into the future.
(c) A copy of the Master Plan, or any part thereof, shall be
forwarded to the City Manager, who shall submit it with
his recommendations to the Council, which may adopt
this plan in whole or in part, and may adopt any
amendments thereto after at least one (1) public hearing
on the proposed action.
(d) The Master Plan components shall be reviewed by the
and updated as
necessary to reflect changing City conditions and
requirements . The Cit Ma
as directed by, the
City Council
(e)
Commission Upon direction by the City Council,,' the
appropriate board shall conduct such review and either
submit its recommendations for updating the
component(s) or shall submit a letter confirming that the
review was accomplished but declaring that there was no
recommended revisions.
114
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Charter Amendment - List of Potential Propositions
February 20, 2001
COMMENTS REDLINE VERSION
11.06. The Master Plan. (Continued)
(f) The Council shall act on such plan, or part thereof, within
sixty (60) days following its submission. If such plan, or
part thereof, shall be rejected by the Council, the
Commission may modify such plan or part thereof, and
again forward it to the Council for consideration.
(g) All amendments to the Master Plan recommended by the
Commission shall be submitted to the Council for
approval in accordance with the procedures required by
this Section 11.06, and all other recommendations
affecting the Master Plan shall be accompanied by a
recommendation from the Planning and Zoning
Commission.
/IA-10
Charter Amendments — List of Potential Propositions 02/15/01 Page 7 of 8
Charter Amendments — List of Potential Ballot Propositions
February 20, 2001
PROPOSITION No. 1 — Shall the Charter of the City of Southlake be amended to be consistent
with State Law with respect to the appointment, qualifications, and salary for the judge of the
municipal court of record, the appointment of alternate judge(s) for the municipal court of
record, and establishing an appointed term of two (2) years for the judge and alternate judge(s) of
the municipal court of record; amending Sections 2.02, 5.02, and 5.04?
PROPOSITION No. 2 — Shall the Charter of the City of Southlake be amended to be consistent
with State Law with respect to nepotism, by repealing Section 2.13 and providing that the current
State Law shall apply to the City in respect to nepotism?
PROPOSITION No. 3 — Shall the Charter of the City of Southlake be amended to clarify the
scope of each administrative department head to exercise supervisory authority and financial
control of the department, amending Section 4.01?
PROPOSITION No. 4 — Shall the Charter of the City of Southlake be amended to be consistent
with State Law with respect to elected officials serving in office until their successor is elected,
amending Section 7.11?
PROPOSITION No. 5 — Shall the Charter of the City of Southlake be amended to provide that
the City Manager shall submit to the City Council a proposed budget and accompanying message
on or before August fifteenth, amending Section 9.04?
PROPOSITION No. 6 — Shall the Charter of the City of Southlake be amended to clarify the
right of the City Council to retain the responsibility to review the matters relating to the
acquisition of easements and right -of -ways, amending Section 11.04?
PROPOSITION No. 7 — Shall the Charter of the City of Southlake be amended to provide for the
content and procedures for the updating of the City's Master Plan; amending Section 11.06?
11
Charter Amendments — List of Potential Ballot Propositions 02/16/01 Page 1 of 1
Charter Amendment Election
May 5, 2001
1. March 5 — City Council approval of a resolution calling Special Charter Amendment
Election. Naming Election Judge; Authorizing the City Secretary to submit a pre-
clearance approval to the U.S. Department of Justice; designating early voting hours;
election day and early voting locations; all procedures used in election. NOTE: The
proposal would combine consideration of the Resolution and the Ordinance on one (1)
agenda item.
March 5 — City Council approval of Ordinance No. , lS` Reading, calling Charter
Amendment Election (ordinance must include propositions to be placed on the ballot).
2. March 20 — City Council approval of Ordinance No. , 2n Reading, calling Charter
Amendment Election (ordinance must list propositions to be placed on the ballot,
including the language that will appear on the ballot).
3. Early Voting to be held beginning April 18th and ending on May 1st. Hours and
additional voting dates to be determined by the City Secretary.
4. Election Day — May 5.
5. Official Canvass of the election to be held on May 8`h
DECISION POINTS
• Amendments to be placed on the ballot.
• Can Charter Review Committee work fast enough to get propositions prepared
prior to March 5?
• If there is a desire to add any propositions to an election ballot, the City Attorney
and Staff suggest that another Charter Review Committee meeting be held prior to
March 1, 2001— is this a necessary step in the process?
• Does the Charter Review Committee wish to include this election with the general
City Elections?
fIA/
Charter Amendment Election Timelines 02/15/01 4:42 PM Page 1 of 4
Charter Amendment Election
May 5, 2001 Public Education Plan Summary
1. City Council Action.
A. Discussion, Charter Review Status — February 20, 2001
B. Potential Charter Review Committee Meeting — Prior to March 1, 2001 (If
Necessary due to the desire to add proposition items)
C. Consideration, Ordinance (1 Reading) and Resolution Calling Charter
Amendment Election — March 6, 2001
D. Consideration, Ordinance Calling Charter Amendment Election (2 Reading) —
March 20, 2001
2. Finalization of Election Logistics.
A. Refinement of Proposals per comments — February 21 through March 9.
B. Process post- approval Ordinance requirements — March 7 through March 23.
C. Order Election Ballots — March 21
3. Development of Plan Items.
A. Identification of Communication Points and finalize schedule — February 21
through March 5.
B. Development of Question and Answer Summary — In progress through March 9.
C. Development of Informational Materials — February 21 through March 9.
D. Development of Presentation — February 21 through March 23.
4. Implementation.
A. Implementation of Engagements / Meetings / Presentations — March 26 through
April 23.
10.13