2002-09-17 City of Southlake
CITY COUNCIL MEETING
September 17, 2002
MINUTES
CITY COUNCIL PRESENT: Mayor Rick Stacy, Mayor Pro Tem W. Ralph Evans, Deputy Mayor Pro
Tem Greg Standerfer; Councilmembers: Carolyn Morris, Rex Potter, Keith Shankland, and Tom Stephen.
CITY COUNCIL ABSENT: None.
STAFF PRESENT: City Manager Billy Campbell, Assistant City Manager Shana Yelverton, Assistant
to the City Manager John Eaglen, Finance Director Sharen Elam, Planning Director Bruce Payne,
Economic Development Director Greg Last, Senior Planner Dennis Killough, Public Works Director
Pedram Farahnak, Deputy Director of Public Works Charlie Thomas, Director of Public Safety Rick
Black, Police Chief Marlin Price, Deputy Director of Administrative Services Malcolm Jackson,
Community Services Director Kevin Hugman, Senior Parks Planner Chris Carpenter, Battalion
Commander Robert Isbell, Assistant to the Public Works Director Valerie Bradley, Human Resource
Director Harold Cates, City Attorney Debra Drayovitch, Acting City Secretary Kim Bush, and Deputy
City Secretary Lori Farwell.
WORK SESSION: The work session was called to order by Mayor Rick Stacy at 5:36 p.m.
REGULAR SESSION:
Agenda Item No. 1, Call to order. The regular session was called to order by Mayor Stacy at 5:48 p.m.
Agenda Item No. 2A, Executive Session: Mayor Stacy announced that the City Council would be going
into Executive Session pursuant to the Texas Government Code, Section 551.071, consultation with city
attorney; Section 551.072, deliberation regarding real property; Section 551.074, deliberation regarding
personnel matters; Section 551.087, deliberation regarding economic development negotiations. City
Council adjourned for Executive Session at 5:48 p.m. Executive Session began at 6:07 p.m. and ended at
6:30 p.m.
Agenda Item No. 2B, Reconvene: City Council reconvened the regular meeting at 6:45 p.m.
Agenda Item No. 3, Invocation was presented by David Dyke, Refuge Church.
Agenda Item No. 4, Reports:
A. Mayor's Report — Mayor Stacy announced upcoming meetings and events. The Mayor encouraged
everyone to attend the Kaleidoscope of Homes in Clariden Ranch. The Mayor thanked Director
Black for the excellent job he did with the September 11 memorial ceremony.
B. City Manager's Report — None
C. SPIN Report — Bob Walker spoke regarding upcoming SPIN meetings.
D. Parks and Recreation Board Report — Board member Tim O'Connor reported on the Board's
meetings and upcoming events.
E. Committee Reports — None
CITY COUNCIL MEETING MINUTES, SEPTEMBER 17, 2002, PAGE 1 OF 7
F. Local Business Report — Gary Petty of Heritage Fine Rugs gave a brief presentation regarding his
business.
Consent Agenda:
5A. Approval of the minutes of the regular City Council meeting held on September 3, 2002. Approved
as presented.
5B. Approval of Interlocal Agreement with the City of Colleyville for GIS Services. This is an annual
interlocal agreement between Southlake and Colleyville for shared GIS services. In return for the
GIS man- hours, Colleyville will reimburse Southlake $22,000 plus the cost of supplies.
5C. Ordinance No. 480 -NN, 2 Reading, Amendment to the Comprehensive Zoning Ordinance No.
480, as amended, Section 29 "MH — Manufactured Housing" district, Section 34 "Accessory Uses,"
and Section 44 "Board of Adjustments." Tabled to the October 15, 2002, City Council meeting.
8A. Ordinance No. 832, 1 Reading, amending Chapter 18, Article III, Section 18 -80, of the Southlake
City Code, to revise the limits of a designated school zone on N. White Chapel Boulevard adjacent
to the Clariden School. The Clariden School has operated at 1325 N. White Chapel Boulevard for
years and the City previously established a school zone for that area. This past year, the Clariden
School constructed a new school at 100 Clariden Ranch Road and opened for classes the week of
August 26, 2002. City Public Works crews will move the school zone flashers from their old
location to the 3800 -3900 block of White Chapel Boulevard.
8B. ZA02 -073, Plat Revision for Lot 1, Block 1, Gateway Church Addition, located at 2121 E.
Southlake Boulevard (FM 1709). Current Zoning: CS — Community Service District. SPIN
Neighborhood #8. The purpose of this plat revision is to abandon a drainage easement. The planning
staff is also requiring that the common access easement stub located in the east boundary be
relocated to accommodate the Eatzi's restaurant site located to the east. The P &Z Commission
recommended approval on September 5, 2002, subject to Plat Review Summary No. 2, dated August
30, 2002. Staff recommended approval subject to Revised Plat Review Summary No. 2, dated
September 13, 2002.
9A. Resolution No. 02 -058, Appointments to 2025 Plan Steering Committee. Tabled to the October 1,
2002, City Council meeting.
10A. Request for a variance to Sign Ordinance No. 704 -A for Quizno's Classic Subs located at 2140 E.
Southlake Boulevard, Suite V. Director of Public Safety Rick Black presented this item to Council.
The applicant is requesting to install a sign with eighteen inch letters "Q" and "Z" with remaining
letters and logo at fourteen inches with an overall sign area of 23.75 square feet.
10B. Authorize the Mayor to execute a commercial developer's agreement for Solana Addition, Lot 1,
Block 1, Verizon Wireless, Network Operations Control Center (NOCC) located at the northwest
corner of Dove Street and Kirkwood Boulevard. Public Works Director Pedram Farahnak presented
this item to Council. The developer's agreement includes the following changes to the standard
agreement: 1) Reduce inspection fee, administrative processing fee and overtime charges to one -half
normal charge per the 380 Agreement approved by Council. 2) The developer request that they not
be required to install any street lights along Dove Street. 3) The developer desires to delete the
indemnification of the City for negligence of City, its officers and employees. 4) Add the following
CITY COUNCIL MEETING MINUTES, SEPTEMBER 17, 2002, PAGE 2 OF 7
phrase to General Provision, paragraph D: "with the exception of the developer's wholly owned
subsidiary or principal which acquires all of Verizon Wireless' assets," 4) Park fee is waived per the
380 Agreement approved by Council. 5) Developer is constructing the west half of Kirkwood
Boulevard from Dove Street to Verizon delivery drive entrance and widening Dove Street to 4 lanes
divided from State Highway 114 transition through Kirkwood Boulevard. The City will reimburse
Verizon Wireless for the costs of construction of Dove Street in an amount not to exceed $345,686
when funds are available.
During the Work Session, Councilmember Potter asked if staff confirmed that all of the agreements
made by the developer during the zoning and site plan stage are being followed through with in this
agreement. Director Farahnak said staff checked every item, and all of it is covered in this
agreement.
Motion was made to approve consent agenda items 5A, 5B, 5C (to table), 8A, 8B, 9A (to table), 10A, and
10B.
Motion: Standerfer
Second: Stephen
Ayes: Stephen, Evans, Shankland, Morris, Standerfer, Potter, Stacy
Nays: none
Approved: 7 -0
REGULAR AGENDA
Agenda Item 6. Public Forum.
Rick Brockington, (President of Brock Paving Industries), 1362 Cross Timber Drive, Southlake, Texas.
Stated his concerns regarding lack of payment to his paving company for the work completed at Bob
Jones Park.
Agenda Item 7C. Approval of Resolution No. 02 -060, Bond Issue for The Clariden School. Director of
Finance Sharen Elam presented Resolution No. 02 -060 for The Clariden School which is a 501(c)(3)
nonprofit corporation and under the provisions of both state law and federal income tax requirements,
501(c)(3) corporations can borrow through the use of tax exempt bonds. The City of Southlake's approval
is required under Section 147 (f) of the Internal Revenue Code. That section requires that the bond issue
be approved both by the "issuing" jurisdiction (i.e., Italy, Texas) and by the "host" jurisdiction where the
School's new facilities are located (i.e., Southlake). The procedure for this approval requires two steps: 1)
a public hearing; and 2) approval by the City by Resolution. The bonds are paid back solely by payments
made by The Clariden School and do not constitute any obligation of the City of Southlake. Southlake's
sole involvement with the project is to give the approval required by the tax code. 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,
APPROVING THE ISSUANCE OF EDUCATION REVENUE BONDS BY THE ITALY
HIGHER EDUCATION FACILITIES CORPORATION FOR THE CLARIDEN SCHOOL; AND
PROVIDING AN EFFECTIVE DATE.
There were no comments from the audience during the Public Hearing.
Motion was made to approve Resolution No. 02 -060.
Motion: Stephen
CITY COUNCIL MEETING MINUTES, SEPTEMBER 17, 2002, PAGE 3 OF 7
Second: Shankland
Ayes: Evans, Shankland, Morris, Standerfer, Potter, Stephen, Stacy
Nays: none
Approved: 7 -0
Agenda Item 7D. ZA02 -063, Site Plan for Cornerstone Business Park, Lots 4, 5, and 6, Block 3, located
on the west side of Silicon Drive across from the intersection of Exchange Boulevard. Current Zoning: O-
1 Office District. SPIN Neighborhood #7. Senior Planner Dennis Killough presented this item to Council.
The P &Z Commission recommended approval on September 5, 2002, subject to Site Plan Review
Summary No. 4, dated August 30, 2002, allowing the requested variances for stacking depth and parking
reduction; complete the fence along the southern portion of the property; and if an amendment to the deed
restrictions can be obtained, the dumpsters are to be relocated to the northwest corner of building A and the
northwest corner of building D. Applicant Ralph Williams answered questions from Council.
There were no comments from the audience during the Public Hearing.
Motion was made to approve ZA02 -063 subject to Revised Site Plan Review Summary No. 4, dated
August 30, 2002; to approve the revised plan with the variances shown; and subject to P &Z's motion.
Motion: Standerfer
Second: Evans
Ayes: Shankland, Morris, Standerfer, Potter, Stephen, Evans, Stacy
Nays: none
Approved: 7 -0
Agenda Item 7E. ZA02 -071, Revised Site Plan for Big Bowl Asian Diner, located in Gateway Plaza Phase
III at the northeast corner of East Southlake Boulevard (FM 1709) and North Nolen Drive. Current Zoning:
S -P -2 General Site Plan District Regulations. SPIN Neighborhood #7. Senior Planner Dennis Killough
presented this item to Council. The P &Z Commission recommended approval on September 5, 2002,
subject to Revised Site Plan Review No. 3, dated August 30, 2002. Applicant Terry Wilkinson answered
questions from Council. He said they are researching to find a lower - profile air conditioning system but if
not, they will need to ask for a variance to raise the parapet wall in order to hide the equipment.
There were no comments from the audience during the Public Hearing.
Motion was made to approve ZA02 -071 subject to Revised Site Plan Review Summary No. 4, dated
September 13, 2002, and granting the vertical articulation variance so that the equipment on top of the
buildings will not be visible if a lower profile system could not be acquired.
Motion: Standerfer
Second: Shankland
Ayes: Morris, Standerfer, Potter, Stephen, Evans, Shankland, Stacy
Nays: none
Approved: 7 -0
Agenda Item 7F. Resolution No. 02 -056 (ZA02 -075) Specific Use Permit to allow the sale of alcoholic
beverages at Big Bowl Asian Diner, located in Gateway Plaza Phase III at the northeast corner of East
Southlake Boulevard (FM 1709) and North Nolen Drive. Current Zoning: S -P -2 General Site Plan District
Regulations. SPIN Neighborhood #7. Senior Planner Dennis Killough presented this item to Council. The
P &Z Commission recommended approval on September 5, 2002. Applicant Terry Wilkinson answered
CITY COUNCIL MEETING MINUTES, SEPTEMBER 17, 2002, PAGE 4 OF 7
questions from Council. 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 PROPERTY
LOCATED AT 2700 E. SOUTHLAKE BLVD, SOUTHLAKE, TARRANT COUNTY, TEXAS
AND BEING PORTIONS OF TRACTS 3B1 AND 7B, W. E. MAYFIELD SUBDIVISION,
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.
Public Hearing:
Charlie Broadaway. Feels the Council needs to limit the number of permits issued to sell alcoholic beverages.
There were no other comments during the Public Hearing.
Motion was made to approve Resolution No. 02 -056 for a period of twenty years to match the initial term
of the lease.
Motion: Stephen
Second: Evans
Ayes: Standerfer, Potter, Stephen, Evans, Shankland, Morris, Stacy
Nays: none
Approved: 7 -0
Agenda Item 7A. Ordinance No. 830, 2nd Reading, Annual Budget for FY2002 -03 and approving the
revised budget figures for FY2001 -02. City Manager Billy Campbell introduced this item to Council. He
thanked Council and staff for their dedication to this budget process. 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,
APPROVING REVISED BUDGET FIGURES FOR FISCAL YEAR 2001 -02; APPROVING
AND ADOPTING THE BUDGET FOR THE FISCAL YEAR BEGINNING OCTOBER 1,
2002, AND TERMINATING SEPTEMBER 30, 2003, AND MAKING APPROPRIATIONS
FOR EACH DEPARTMENT, PROJECT AND ACCOUNT; REPEALING CONFLICTING
ORDINANCES; PROVIDING A SAVINGS AND SEVERABILITY CLAUSE; AND
DECLARING AN EFFECTIVE DATE.
Public Hearing:
Charlie Broadaway. Spoke against a tax rate increase.
There were no other comments during the Public Hearing.
Motion was made to approve Ordinance No. 830, 2 11d Reading, as proposed by the City Manager with the
following amendments: 1) fund the compensation plan at a 3% increase rather than a 5% increase as
proposed; 2) fund one -half of the increase in employee dependent coverage insurance premium rather
than none of the increase; 3) lease the ambulance on a lease /purchase rather than buy it; 4) provide
$15,000 in matching funds toward the library, meaning the library would raise $15,000 to match the
CITY COUNCIL MEETING MINUTES, SEPTEMBER 17, 2002, PAGE 5 OF 7
•
City's $15,000; 5) move forward with the matching grant from the M.R. and Evelyn Hudson Foundation
for the library as recently discussed; 6) fund G.R.A.C.E. and C.A.R.S. at $5,000 and fund The Women's
Shelter at $1,500; and 7) fund the addition of three traffic officers and three fire fighters on a timeline
approved by the City Manager and the Director of Public Safety.
Motion: Standerfer
Second: Stephen
Councilmember Potter said there is no need for a tax rate increase; this year is not the year to raise taxes.
Mayor Stacy stated that he firmly believes this is the year to live within our means and set our budget
according to the projected revenue at the current tax rate.
When she looks at the City's debt, Councilmember Morris thinks we need to add the extra penny to debt
service which means paying back what the City already owes and allowing us to go forward with some of
the CIP projects. Money has been taken from that fund before, and she thinks it is time to start increasing
its balance again.
Ayes: Stephen, Evans, Shankland, Morris, Standerfer
Nays: Potter, Stacy
Approved: 5 -2
Agenda Item 7B. Ordinance No. 831, 2nd Reading, Tax Levy Ordinance. City Manager Billy Campbell
introduced this item to Council. 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,
FIXING AND LEVYING MUNICIPAL AD VALOREM TAXES FOR THE FISCAL YEAR
BEGINNING OCTOBER 1, 2002 AND ENDING SEPTEMBER 30, 2003, AND FOR EACH
YEAR THEREAFTER UNTIL OTHERWISE PROVIDED, AT THE RATE OF $0.462 PER
ONE HUNDRED DOLLARS ($100.00) ASSESSED VALUE ON ALL TAXABLE PROPERTY
WITHIN THE CORPORATE LIMITS OF THE CITY OF SOUTHLAKE, TEXAS, AS OF
JANUARY 1, 2002, TO PROVIDE REVENUES FOR THE PAYMENT OF CURRENT
EXPENSES AND TO PROVIDE AN INTEREST AND SINKING FUND ON ALL
OUTSTANDING DEBTS OF THE CITY; DIRECTING THE ASSESSMENT THEREOF;
PROVIDING FOR DUE AND DELINQUENT DATES TOGETHER WITH PENALTIES AND
INTEREST THEREON; PROVIDING FOR PLACE OF PAYMENT; PROVIDING FOR
APPROVAL OF THE TAX ROLLS PRESENTED TO THE CITY COUNCIL; PROVIDING
FOR THE REPEAL OF INCONSISTENT ORDINANCES; PROVIDING FOR A
SEVERABILITY CLAUSE; AND DECLARING AN EFFECTIVE DATE.
Public Hearing:
Steve Kettering, 1505 Oak Lane, Southlake, Texas. Did not speak but recorded his opposition to a tax rate
increase.
Rick Horton, 2603 S. Quail Run Court, Southlake, Texas. Spoke against a tax rate increase.
Charlie Broadaway. Spoke against a tax rate increase.
There were no other comments during the Public Hearing.
CITY COUNCIL MEETING MINUTES, SEPTEMBER 17, 2002, PAGE 6 OF 7
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Councilmember Shankland wants a committee formed of three Council members (possibly Stephen,
Shankland, and Morris) to review the budget, look at it line by line, and eliminate things that do not need to
be there. He wants to see a financial impact study on everything that comes before City Council. To not vote
for this increase would be fiscally irresponsible in his opinion.
Deputy Mayor Pro Tem Standerfer listed the items which were cut from the budget in order to get to a $0.462
tax rate. He said he would disagree with anyone who says the City hasn't worked hard to reduce the budget.
Motion was made to approve Ordinance No. 831, 2 Reading, setting the tax levy rate at $0.462.
Motion: Standerfer
Second: Stephen
Mayor Stacy said the City is in good financial condition right now. We have an excellent fund balance, an
excellent bond rating, and all of our bills are paid.
Ayes: Stephen, Evans, Shankland, Morris, Standerfer
Nays: Potter, Stacy
Approved: 5 -2
Agenda Item 12. Meeting Adjourned. There being no further business to discuss, the meeting was
adjourned at 8:24 p.m.
Submitted By:
. 4.t.veyr
Deputy City Secretary
ay or Rick at,y
ATTEST:
c uTHL,
ush, Acting City Secretary •••,••,,,,,•,.•
* ** °,,
CITY COUNCIL MEETING MINUTES, SEPTEMBER 17, 2002, PAGE 7 OF 7
rrCeTve '
111111 CHARLESTON COURT, L.P. cdu 1,1 c, Yee -4-1 ,
September 9, 2002
To The Members of the Southlake City Council
Re: Zoning Case No.: ZA02 -063
Project Name: Charleston Office Court
Cornerstone Business Park: Block 3, Lots 4, 5, & 6
Dear Council Member:
In accordance with our meeting with our adjacent homeowners which took place during
the Planning and Zoning meeting of September 5, 2002, we have agreed with them to move
the dumpsters to the northwest corner of Building A in Phase 1 and the northwest corner of
Building D in Phase 3 and amend the deed restrictions. I expect to have a copy of this
amendment signed by all parties prior to your meeting on September 17th.
In addition, I have enclosed an alternative site plan which I believe works better than
our site plan that P & Z approved. My partners and I would be willing to proceed with either
site plan but believe the alternative site plan will work better due to the fact that it allows for
more parking adjacent to the front buildings facing Silicon Drive. This is a unique "A class"
office project which we are planning on building which allows for each individual office tenant to
have its own separate entrance. We believe that the alternative plan by adding more parking to
the front buildings will result in our increased ability to lease these spaces. This plan will result
in a slightly greater impervious coverage from 64.8% to 65.3 %. Most of the other properties in
the Cornerstone Business Park and the adjacent Dragon Stadium have impervious coverage
approaching 80 %. I do not believe this slight increase in our impervious coverage would have
an affect on the esthetics of our project or on the area. Our stacking would go from 51 feet per
lot to 42 feet for Phase 1 and 32.5 feet for Phases 2 and 3, but the cumulative stacking of all 3
driveways would slightly exceed 100 feet. We would have 209 total parking spaces. The
required stacking for 199 parking spaces is 75 feet if we had only one driveway. There is so
very little traffic on Silicon Drive during normal business hours that I do not believe our
requested stacking variance would have any adverse effect on traffic flowing either north or
south.
I respectfully request that you approve either our alternative plan or the plan approved
by Planning and Zoning.
Very truly yours,
r'
Rim) sEP
Ralph Williams
Charleston Court, L.P.
520 SILICON DRIVE SOUI'HLAKE, TX 76092
817.442.8200 Fax 817.442.7802
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