2002-10-01 City of Southlake
CITY COUNCIL MEETING
October 1, 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, Acting City Secretary Kim Bush, Finance Director Sharen Elam,
Planning Director Bruce Payne, Economic Development Specialist Betsy Boyett, Senior Planner Dennis
Killough, Senior Planner Jayashree Narayana, Public Works Director Pedram Farahnak, Deputy Director
of Public Works Charlie Thomas, Director of Public Safety Rick Black, Police Chief Marlin Price,
Community Services Director Kevin Hugman, Deputy Director of Community Services Steve Polasek,
Professional Standards Coordinator Robert Finn, Assistant to the Public Works Director Valerie Bradley,
Planning Technician Shannon Land, City Attorney Debra Drayovitch, and Deputy City Secretary Lori
Farwell.
WORK SESSION: The work session was called to order by Mayor Rick Stacy at 5:40 p.m.
REGULAR SESSION:
Agenda Item No. 1, Call to order. The regular session was called to order by Mayor Stacy at 6:27 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 6:27 p.m. Executive Session began at 6:40 p.m. and ended at
7:28 p.m.
Agenda Item No. 2B, Reconvene: City Council reconvened the regular meeting at 7:36 p.m.
Agenda Item No. 3, Invocation was presented by Father Ken Robinson, St. Francis Catholic Church.
Agenda Item No. 4, Reports:
A. Mayor's Report — Mayor Stacy announced upcoming meetings and events. He reported on a letter
received from Denton County Judge Mary Horn regarding 11 old Denton County bridges that are
being replaced and are available to interested parties.
B. City Manager's Report — During the Work Session, Raymond Turco with Public Opinion — Political
Consultants gave a presentation on the citizen survey entitled "A Survey of Attitudes About City
Services in Southlake." Assistant City Manager Shana Yelverton presented the Savvy Award to the
Mayor and Council. Southlake won this award for "Best Newsletter — External" due to the work of
former Public Information Officer James Kunke on the City newsletter "Southlake in Review."
C. SPIN Report — Andrea Brankin spoke regarding upcoming SPIN meetings.
CITY COUNCIL MEETING MINUTES, OCTOBER 1, 2002, PAGE 1 OF 8
D. Library Board Report — Board member Maria Cameron reported on the Board's meetings and the
Library's upcoming events.
E. Committee Reports — None
F. Local Business Report — Greg Waltershy of Kolache Depot Bakery gave a brief presentation
regarding his business.
Consent Agenda:
5A. Approval of the minutes of the City Council meetings held on September 16, 2002, and September
17, 2002. Approved as presented.
5B. Authorize the Mayor to enter into an Interlocal Agreement with the City of Fort Worth for
a in Fort Worth's Environmental Collection Center and Household Hazardous Waste
Program. In 1999, the City entered into an agreement with the City of Fort Worth Environmental
Collection Center, and 141 Southlake households participated in the events and collection center.
Last year the cost was $60 per household, and over 400 residents participated in the collection
events and drop -offs at the center. This year the fee has been reduced to $50 per household.
5C. Authorize renewal of contract with Christmas Decor by Zenith for installation of holiday lighting at
Town Hall and adjoining public areas. The current contract with Christmas Decor by Zenith allows
for two one -year extensions with mutually agreeable price adjustments. Stuart Marshall, the owner
of Christmas Decor, has submitted new pricing for the upcoming year with a 9% increase. The
increase is primarily due to replacement of burned out lights from the previous year. The contract
includes installation and removal of lighting for the Town Square parks, pavilion, street trees, and
Town Hall, as well as storage costs for the year. Staff recommends approval of the contract in the
amount of $31,562.
8C. Ordinance No. 480 -224a, 1 Reading (ZA02 -042) Zoning Change and Concept Plan for Southlake
Town Square, located on the south side of State Highway 114, north side of East Southlake
Boulevard (F.M. 1709) and east side of North Carroll Avenue. Current Zoning: NR -PUD Non -
Residential Planned Unit Development District. Requested Zoning: NR -PUD Non - Residential
Planned Unit Development District. SPIN Neighborhood #8. Tabled at the applicant's request to the
October 15, 2002, City Council meeting.
8D. ZA01 -117, Plat Showing for Lots 1 & 2, J. Chivers Survey No. 350 Addition, located at 2535 N.
White Chapel Boulevard. Current Zoning: SF -1A Single Family Residential District. SPIN
Neighborhood #2. The purpose of this application is to subdivide a 3.687 acre tract of land into two
lots. One lot will be 1.522 acres, and the other will be 1.952 acres. The P &Z Commission
recommended approval subject to the review on September 19, 2002. Staff recommends approval
subject to Plat Review Summary No. 4, dated September 13, 2002.
9A. Resolution No. 02 -058, Appointments to 2025 Plan Steering Committee. Council appointed the
following individuals to the 2025 Plan Steering Committee: Don Coonan, Richard Croteau, Ralph
Evans, Darrell Faglie, Ron Kulpinski, Biff McGuire, Al Morin, Carolyn Morris, Peggy Rahall,
Martin Schelling, Robin Snyder, John Terrell, Jeff Wang, and Terry Wilkinson. In accordance with
Section 4.21 of the City Charter, the caption for this item is listed as follows:
CITY COUNCIL MEETING MINUTES, OCTOBER 1, 2002, PAGE 2 OF 8
•
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOUTHLAKE,
TEXAS, APPOINTING MEMBERS TO THE SOUTHLAKE 2025 PLAN STEERING
COMMITTEE.
9B. Resolution No. 02 -064, Authorize the City Manager to enter into an Interlocal Agreement for
Mutual Aid Law Enforcement Services. The current Mutual Aid Agreement for Law Enforcement
Services was enacted in 1986. The State laws that authorize these agreements have changed, and a
new interlocal agreement is needed. Thus, an agreement has been drafted and coordinated with the
North Texas Police Chiefs Association. The proposed agreement establishes regional mutual aid
law enforcement assistance to cooperate in the delivery of public safety services to protect health,
life, and property. This proposed mutual aid agreement allows for a member law enforcement
agency to call upon other member agency(s) for assistance of additional personnel and equipment.
Assistance is discretionary with the requested member and is subject to the availability of resources.
No contractual obligation to provide resources is created, and all obligations under this agreement
are voluntary. In accordance with Section 4.21 of the City Charter, the caption for this item is listed
as follows:
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS,
AUTHORIZING THE CITY MANAGER TO ENTER INTO AND INTERLOCAL
AGREEMENT WITH OTHER AREA LAW ENFORCEMENT AGENCIES FOR THE
PURPOSE OF PROVIDING AND RECEIVING LAW ENFORCEMENT
ASSISTANCE AND MUTUAL AID.
10A. Authorize the Mayor to execute an agreement with Sprint for the placement of telecommunication
antenna systems on the Florence Water Tower. Sprint Spectrum has requested to lease space on the
Florence water tower for the placement of wireless communication antennas. This request also
includes a ground unit at the tank site. Staff negotiated a lease rate of $22,000 annually for an initial
term of five years. The initial annual lease rate is $22,000, which is subject to 15% increase for
each extension period of five (5) years or renegotiation as outlined in the agreement.
10B. Authorize the Mayor to execute an addendum to the September 3, 1996, agreement with Sprint for
the placement of telecommunication antenna systems on the Bicentennial Water Tower. During
negotiations with Sprint Spectrum for new antennas on the Florence water tower, Sprint agreed to
amend the September 3, 1996, lease for antennas on the Bicentennial water tower. Three major
changes are proposed: the initial lease rate would change from $11,040 to $22,000 per year; the City
would agree to extend the initial contract term for five years; and a renegotiation option would be
added to the agreement. Staff negotiated a lease rate of $22,000 annually for the new term of five
years. If the annual rate is raised from $11,040 to $22,000, the additional revenue over the next five
years will be $54,800.
10C. Authorize the Mayor to execute an addendum to the April 27, 2000, agreement with Sprint for the
placement of telecommunication antenna systems on the Miron Water Tower. During negotiations
with Sprint Spectrum for new antennas on the Florence water tower, Sprint agreed to amend the
April 27, 2000 lease for antennas on the Miron water tower. Three major changes are proposed: the
initial lease rate would change from $18,000 to $22,000 per year; the City would agree to extend the
initial contract term for five years; and a renegotiation option would be added to the agreement.
Staff negotiated a lease rate of $22,000 annually for the new term of five years. If the annual rate is
raised from $18,000 to $22,000, the additional revenue over the next five years will be $20,000.
CITY COUNCIL MEETING MINUTES, OCTOBER 1, 2002, PAGE 3 OF 8
10D. Request for a variance to Sign Ordinance No. 704 -A for Guido's Deli located at 2150 E. State
Highway 114. Director of Public Safety Rick Black presented this item to Council. The applicant is
requesting to increase the letter height to twenty -four inches for the letters "U, I, D, 0" and to thirty -
four inches for the letters "G and S" in the name Guido's. The remaining lettering contained within
an eight inch by seventy -six inch script capsule (stating "pasta, pizza, subs ") is within the required
six inch minimum height and is not a variance issue. The proposed sign would utilize thirty square
feet, which is within the allowable area and is not a variance issue. Scott Woods of North Texas
Signs answered Council's questions.
10E. Approval of an Employment Contract for the City Secretary. Council approved a contract as
submitted by the City Manager appointing Lori Farwell as City Secretary subject to the following
conditions: the day -to -day supervision of the City Secretary shall be under the City Manager; a
mileage reimbursement as opposed to a car allowance; a salary of $60,000 per year; and a term
through December 31, 2004.
Motion was made to approve consent agenda items 5A, 5B, 5C, 8C (to table), 8D, 9A, 9B, 10A, 10B,
10C, 10D, and 10E.
Motion: Standerfer
Second: Evans
Ayes: Stephen, Evans, Shankland, Morris, Standerfer, Potter, Stacy
Nays: none
Approved: 7 -0
Mayor Stacy thanked Kim Bush for all her hard work as Acting City Secretary and congratulated new
City Secretary Lori Farwell.
REGULAR AGENDA
Agenda Item 6. Public Forum. There were no comments from the audience during Public Forum.
Agenda Item 7A. Ordinance No. 832, 2 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. Council approved first reading of this ordinance on September
17, 2002. In accordance with Section 4.21 of the City Charter, the caption for this item is listed as
follows:
AN ORDINANCE AMENDING SECTION 18 -80 OF THE SOUTHLAKE CITY CODE BY
REVISING THE PROVISION ESTABLISHING THE SPEED LIMIT FOR THE SCHOOL
CROSSING AT THE CLARIDEN SCHOOL; PROVIDING THAT THIS ORDINANCE
SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY
CLAUSE; PROVIDING FOR A PENALTY FOR VIOLATIONS HEREOF; PROVIDING A
SAVINGS CLAUSE; PROVIDING FOR PUBLICATIONS IN THE OFFICIAL NEWSPAPER;
AND PROVIDING AN EFFECTIVE DATE.
There were no comments from the audience during the Public Hearing.
CITY COUNCIL MEETING MINUTES, OCTOBER 1, 2002, PAGE 4 OF 8
Motion was made to approve Ordinance No. 832, 2 " Reading.
Motion: Stephen
Second: Evans
Ayes: Evans, Shankland, Morris, Standerfer, Potter, Stephen, Stacy
Nays: none
Approved: 7 -0
Agenda Item 7B. ZA02 -064, Site Plan for Dr. Quatro Office Complex, located on the west side of South
Peytonville Avenue, approximately 300' south of the intersection of West Southlake Boulevard (F.M.
1709) and South Peytonville Avenue. Current Zoning: 0-1 Office District. SPIN Neighborhood #16.
Senior Planner Dennis Killough presented this item and said the P &Z Commission recommended
approval of this item at its September 19, 2002, meeting subject to Site Plan Review Summary No. 3,
dated September 13, 2002, stipulating final grade to be delivered. A representative of Blake Architects
was present to answer Council's questions.
There were no comments from the audience during the Public Hearing.
Motion was made to approve ZA02 -064, Site Plan for Dr. Quatro Office Complex, subject to Revised Site
Plan Review Summary No. 3, dated September 27, 2002.
Motion: Potter
Second: Standerfer
Ayes: Shankland, Morris, Standerfer, Potter, Stephen, Evans, Stacy
Nays: none
Approved: 7 -0
Agenda Item 7C. Resolution No. 02 -061 (ZA02 -080) Specific Use Permit to allow the sale of alcoholic
beverages at Off The Vine, located in Southlake Town Square at 234 State Street. Current Zoning: NR-
PUD Non - Residential Planned Unit Development District with C -3 General Commercial District uses.
SPIN Neighborhood #8. Senior Planner Dennis Killough presented Resolution No. 02 -061 to the Council
and said the P &Z Commission recommended approval of this item at its September 19, 2002, meeting.
The applicants were present to answer Council's questions. 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,
LOCATED AT 234 STATE STREET AND BEING LEGALLY DESCRIBED AS A
PORTION OF LOT 1, BLOCK 2R, SOUTHLAKE TOWN SQUARE AN ADDITION TO
THE CITY OF SOUTHLAKE, TARRANT COUNTY TEXAS, ACCORDING TO THE
PLAT RECORDED IN CABINET A, SLIDES 6888 AND 6889 PLAT RECORDS,
TARRANT COUNTY, TEXAS, AND BEING APPROXIMATELY 0.411 ACRES,
MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A ", AND AS
DEPICTED ON THE APPROVED SITE PLAN ATTACHED HERETO AND
INCORPORATED HEREIN AS EXHIBIT "B" AND PROVIDING AN EFFECTIVE
DATE.
There were no comments from the audience during the Public Hearing.
CITY COUNCIL MEETING MINUTES, OCTOBER 1, 2002, PAGE 5 OF 8
The applicant said the term of the lease is five years beginning November 1, 2002.
Motion was made to approve Resolution No. 02 -061 for a period of 61 months to match the term of the
lease.
Motion: Potter
Second: Standerfer
Ayes: Morris, Standerfer, Potter, Stephen, Evans, Shankland, Stacy
Nays: none
Approved: 7 -0
Agenda Item 7D. Resolution No. 02 -062 (ZA02 -082) Specific Use Permit to allow the sale of alcoholic
beverages at Off The Vine Into The Glass, located in Southlake Town Square at 230 State Street. Current
Zoning: NR -PUD Non - Residential Planned Unit Development District with C -3 General Commercial
District uses. SPIN Neighborhood #8. Senior Planner Dennis Killough presented Resolution No. 02 -061 to
the Council and said the P &Z Commission recommended approval of this item at its September 19, 2002,
meeting. The applicants were present to answer Council's questions. 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,
LOCATED AT 230 STATE STREET AND BEING LEGALLY DESCRIBED AS A
PORTION OF LOT 1, BLOCK 2R, SOUTHLAKE TOWN SQUARE, PHASE 1, AN
ADDITION TO THE CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS, AS
RECORDED IN CABINET A, SLIDES 6888 AND 6889, PLAT RECORDS,
TARRANT COUNTY, TEXAS, MORE FULLY AND COMPLETELY DESCRIBED
IN EXHIBIT "A ", AND AS DEPICTED ON THE APPROVED SITE PLAN
ATTACHED HERETO AND INCORPORATED HEREIN AS EXHIBIT "B" AND
PROVIDING AN EFFECTIVE DATE.
There were no comments from the audience during the Public Hearing.
Motion was made to approve Resolution No. 02 -062 for a period of 61 months to match the term of the
lease.
Motion: Potter
Second: Standerfer
Ayes: Standerfer, Potter, Stephen, Evans, Shankland, Morris, Stacy
Nays: none
Approved: 7 -0
Agenda Item 8A. Ordinance No. 480 -QQ, 1 Reading, An amendment to the Comprehensive Zoning
Ordinance No. 480, as amended, as it pertains to manufactured housing. Planning Director Bruce Payne
presented this item to Council. Several questions pertaining to the City's current standards were raised
during the proposed amendment 480 -NN to the "MH" District. City Council requested the P &Z
Commission to review current standards and propose a comprehensive update to the MH district. He said
the P &Z Commission, during their June 20, July 18, and August 8, 2002, meetings identified several
issues and areas of concern regarding revisions to the existing "MH" district standards. During their
regular meeting on August 22, 2002, the P &Z Commission recommended approval of the proposed
changes.
CITY COUNCIL MEETING MINUTES, OCTOBER 1, 2002, PAGE 6 OF 8
Councilmember Potter asked staff to look at adding some sort of residential adjacency standards to the
district before this returns to Council for 2 Reading. His main concern is placing non - residential next to
residential.
Michele Wickline, 1647 Oak Lane North, Southlake, Texas. Asked Council to allow small site -built
homes in MH zoning.
Motion was made to approve Ordinance No. 480 -QQ, 1 Reading, as proposed by P &Z stipulating that
there be no further subdivision of existing MH lots.
Motion: Standerfer
Second: Potter
Tom Matthews (Four Peaks Development) stated his concern regarding the stipulation that there be no
further subdivision of existing MH lots. Four Peaks wants to have the ability to take a property back to the
way it was originally subdivided. He said there are instances where someone has purchased two or more
adjacent separately- deeded properties and now Tarrant Appraisal District describes it as one property.
Four Peaks wants the ability to keep a property's original subdivision; they want the neighborhood to be
consistent and not have a 30,000 square foot lot next to an 8,000 square foot lot.
Mayor Stacy suggested that Mr. Matthews bring examples of these situations to the next Council meeting.
Council does not want other MH -zoned areas with half -acre lots to be able to subdivide to 6,000 square
foot lots.
Deputy Mayor Pro Tem Standerfer suggested that Mr. Matthews meet with staff before the 2nd Reading of
this item to work on the language.
Ayes: Potter, Stephen, Evans, Shankland, Morris, Standerfer, Stacy
Nays: none
Approved: 7 -0
Agenda Item 8B. Ordinance No. 483 -J, 1 Reading, An amendment to the Subdivision Ordinance No.
483, as amended, as it pertains to manufactured housing.
Motion was made to approve Ordinance No. 483 -J, 1 Reading,
Motion: Standerfer
Second: Potter
Ayes: Stephen, Evans, Shankland, Morris, Standerfer, Potter, Stacy
Nays: none
Approved: 7 -0
Agenda Item 11. Discussion of contract with Tarrant County for election services. During the Work
Session, City Manager Billy Campbell discussed the option of contracting with Tarrant County for
election services and pursuing a joint election with Carroll I.S.D. in May 2003. Council expressed an
interest in pursuing these recommendations.
Agenda Item 12. Meeting Adjourned. There being no further business to discuss, the meeting was
adjourned at 8:53 p.m.
CITY COUNCIL MEETING MINUTES, OCTOBER 1, 2002, PAGE 7 OF 8
Submitted by:
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Lori A. Farwell, Deputy City Secretary
Mayor Rick Stacy
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CITY COUNCIL MEETING MINUTES, OCTOBER 1, 2002, PAGE 8 OF 8