2002-12-17 City of Southlake
CITY COUNCIL MEETING
December 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 (left at 7:34
p.m.), Keith Shankland and Tom Stephen.
CITY COUNCIL ABSENT: None.
STAFF PRESENT: City Manager Billy Campbell, Assistant to the City Manager John Eaglen,
Planning Director Bruce Payne, Senior Planner Dennis Killough, Senior Planner Ken Baker,
Senior Planner Jayashree Narayana, Public Works Director Pedram Farahnak, Deputy Director
of Public Works Charlie Thomas, Economic Development Director Greg Last, Acting Director
of Community Services Malcolm Jackson, Manager of Technical Services Gary Gregg, Director
of Public Safety Rick Black, Police Chief Marlin Price, Court Administrator Sean Leonard,
Secretary to the City Manager Kim Bush, Deputy City Secretary Tara Brooks, City Attorney E.
Allen Taylor, and City Secretary Lori Farwell.
WORK SESSION: The work session was called to order by Mayor Stacy at 5:39 p.m. City
Council reviewed the agenda items with city staff and applicants.
REGULAR SESSION:
Agenda Item No. 1, Call to order. The regular session was called to order by Mayor Stacy at
6:35 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
551.073, deliberation regarding prospective gift; Section 551.074, deliberation regarding
personnel matters; Section 551.076, deliberation regarding security devices; and Section
551.087, deliberation regarding economic development negotiations. City Council adjourned for
Executive Session at 6:35 p.m. Executive Session began at 6:45 p.m. and ended at 7:12 p.m.
Agenda Item No. 2B, Reconvene: City Council reconvened the regular meeting at 7:15 p.m.
Motion was made to authorize the City Attorney to continue the amortization process with
respect to Hanson Aggregate Central, Inc., as discussed in Executive Session.
Motion: Standerfer
Second: Evans
Ayes: Stephen, Evans, Shankland, Morris, Standerfer, Potter, Stacy
Nays: none
Approved: 7 -0
CITY COUNCIL MEETING MINUTES, DECEMBER 17, 2002, PAGE 1 OF 8
Agenda Item No. 3. The invocation was presented by David Whitington of Christ Our King
Church. Mayor Stacy led the Pledge of Allegiance.
Director of Public Safety Rick Black read a 30- second message to parents from the Drug and
Alcohol Awareness Committee.
Agenda Item No. 4, Reports:
A. Mayor's Report — The Mayor announced upcoming meetings and events. The Mayor
presented Coach Todd Dodge and several Dragon football players with a Proclamation
which proclaimed December 19, 20, and 21, 2002, as Carroll Dragon Spirit Days for
bringing statewide recognition to the City of Southlake during the Dragons' first year in 5A
competition. The Dragons will be going to the Alamodome in San Antonio on Saturday,
December 21, 2002, for the 5A State Championship Title.
B. City Manager's Report — City Manager Billy Campbell asked everyone to keep Finance
Director Sharen Elam's father, who is ill, in their thoughts.
Consent Agenda:
5A. Approval of the minutes of the City Council regular meeting held on December 3, 2002.
Approved as presented.
5B. Authorize the Mayor to execute a residential developer's agreement for Timarron Village
H, Phase III (Colleyville) for water system improvements only. Public Works Director
Pedram Farahnak presented this item to Council during Work Session. On March 5, 2002,
the City Council approved an interlocal agreement with the City of Colleyville to supply
water service to Timarron Village H, Phase III subdivision within the City of Colleyville.
The construction plans have been prepared and the developer is ready to begin
construction. The new water system will be constructed by the developer to serve Timarron
Village H, Phase III, in Colleyville and will consist of 2,000 feet of 8 -inch pipe which will
be part of the City of Southlake water system when completed. The developer has
dedicated easements to the City of Southlake for the water lines. There are 25 lots to be
served in the City of Colleyville by the extension of the City of Southlake water lines. The
City of Southlake holds certification from the state to provide water service to this area
within Colleyville city limits. When the property owners of the individual houses have
meters set, water impact fees will be paid to the City of Southlake. The developer, also, is
requesting permission to construct a security booth and keypad and landscaping
improvements within the median of Byron Nelson Parkway in the City of Southlake and
some aesthetic pavement treatment such as pavers to the entrance of the subdivision in
Colleyville. The gates to the subdivision will be in the City of Colleyville.
5C. 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
to the January 7, 2003, City Council meeting.
5D. ZA02 -043, Development Plan for Southlake Town Square, Phase IV, located on the east
side of Central Avenue, north side of East Southlake Boulevard and the south side of State
CITY COUNCIL MEETING MINUTES, DECEMBER 17, 2002, PAGE 2 OF 8
Highway 114. Current Zoning: NR -PUD — Non - Residential Planned Unit Development
District. SPIN Neighborhood #8. Tabled to the January 7, 2003, City Council meeting.
5E. ZA02 -044, Preliminary Plat for Southlake Town Square, Phase IV, located on the east side
of Central Avenue, north side of East Southlake Boulevard and the south side of State
Highway 114. Current Zoning: NR -PUD Non - Residential Planned Unit Development
District. SPIN Neighborhood #8. Tabled to the January 7, 2003, City Council meeting.
8B. Ordinance No. 480 -410, 1 Reading (ZA02 -104) Zoning and Concept Plan for Southlake
Town Square located on the south side of State Highway 114, north side of East Southlake
Boulevard and east side of North Carroll Avenue. Current Zoning: NR -PUD Non -
Residential Development District. Requested Zoning: DT Downtown District. SPIN
Neighborhood #8. Council agreed to approve this ordinance on 1 Reading and hold a
Work Session on January 6 before the 2nd Reading on January 21.
9A. Resolution No. 02 -050, Consolidation with Tarrant County for the recording of Vital
Statistic documents. Records for deaths and births that occur within the City of Southlake
are currently maintained by the City Secretary's office who serves as the Local Registrar.
In the past year, the City Secretary's office has received 20 death certificates and no birth
certificates within Tarrant County. The Texas Department of Health Bureau of Vital
Statistics encourages smaller cities, like Southlake, who have so few records to consolidate
with the county for those services. For the City of Southlake, having the City Secretary
serve as Local Registrar is not cost - effective due to the high costs of specialized materials
and the costs and time involved in obtaining the required certification to be a Local
Registrar as the laws are very specific regarding proof of paternity, amendments to death
certificates, etc. The Tarrant County Commissioners agreed to consolidate these duties into
their county. In accordance with Section 4.21 of the City Charter, the caption for this item
is listed as follows:
A RESOLUTION OF THE CITY OF SOUTHLAKE, TEXAS,
TRANSFERRING THE DUTIES OF LOCAL REGISTRAR FOR VITAL
STATISTICS FOR THE PORTION OF SOUTHLAKE WITHIN TARRANT
COUNTY TO THE TARRANT COUNTY CLERK AND PROVIDING AN
EFFECTIVE DATE.
9B. Resolution No. 02 -073, Consolidation with Denton County for the recording of Vital
Statistic Documents. Records for deaths and births that occur within the City of Southlake
are currently maintained by the City Secretary's office who serves as the Local Registrar.
In the past year, the City Secretary's office has not received any death or birth certificates
from within Denton County. The Texas Department of Health Bureau of Vital Statistics
encourages smaller cities, like Southlake, who have so few records to consolidate with the
county for those services. For the City of Southlake, having the City Secretary serve as
Local Registrar is not cost - effective due to the high costs of specialized materials and the
costs and time involved in obtaining the required certification to be a Local Registrar as the
laws are very specific regarding proof of paternity, amendments to death certificates, etc.
The Denton County Commissioners agreed to consolidate these duties into their county. In
accordance with Section 4.21 of the City Charter, the caption for this item is listed as
follows:
CITY COUNCIL MEETING MINUTES, DECEMBER 17, 2002, PAGE 3 OF 8
A RESOLUTION OF THE CITY OF SOUTHLAKE, TEXAS,
TRANSFERRING THE DUTIES OF LOCAL REGISTRAR FOR VITAL
STATISTICS FOR THE PORTION OF SOUTHLAKE WITHIN DENTON
COUNTY TO THE DENTON COUNTY CLERK AND PROVIDING AN
EFFECTIVE DATE.
9C. Resolution No. 02 -072, Appointing the Deputy City Secretary as Acting City Secretary in
the absence of the City Secretary. In 1989, City Council approved Resolution 89 -52 which
appointed Kim Bush, Secretary to the City Manager, as Acting City Secretary in the
absence of the City Secretary. In 2002, the position of Deputy City Secretary was created,
and it is recommended that the duties of Acting City Secretary now be appointed to the
Deputy City Secretary. 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, APPOINTING AN ACTING CITY SECRETARY,
AND PROVIDING FOR AN EFFECTIVE DATE UPON PASSAGE AND
APPROVAL.
9D. Resolution No. 02 -074, Inclusion of a message to parents at every City Council and
Planning and Zoning Commission meeting, as recommended by the Drug and Alcohol
Awareness Committee. In response to a presentation by Brad Bartholomew, Chairperson of
the Joint Drug and Alcohol Awareness Committee, Councilmember Rex Potter has
requested consideration of a resolution requiring the presentation of the Committee's "30-
Second Message" during all regular City Council and Planning and Zoning Commission
meetings and all other City Council sponsored public meetings over the next year. The
Committee believes that most of their education efforts over the past five years of the
committee have been very ineffective in reaching parents. As a result, the Committee has
developed a 30- second message designed to get the word out to parents that they need to
pay closer attention to their children. 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, ACCEPTING A RECOMMENDATION FOR THE
PROVISION OF A 30- SECOND MESSAGE TO PARENTS AT REGULAR
CITY COUNCIL AND PLANNING AND ZONING COMMISSION
MEETINGS AND ALL OTHER CITY COUNCIL SPONSORED PUBLIC
MEETINGS FOR THE NEXT YEAR; AND PROVIDING AN EFFECTIVE
DATE.
10A. Approval of Agreement for Community Services with Sister Cities. This agreement is
brought to Council for renewal annually after approval of the City budget and stipulates the
services to be provided by Southlake Sister Cities to the residents of Southlake. The
funding request of $1,000 is within the amount approved by City Council in the budget line
item for Community Services. The proposed agreement is similar to that which was used
last year and has met with the approval of the Southlake Sister Cities Board of Directors.
10B. Authorize the Mayor to accept Southwestern Drive, presently a private drive intersecting
and extending west of Mustang Drive, as a public street. Deputy Director of Public Works
CITY COUNCIL MEETING MINUTES, DECEMBER 17, 2002, PAGE 4 OF 8
Charlie Thomas presented this item to Council during the Work Session. In 1999, the City
Council approved an interlocal agreement with the City of Grapevine which included an
advanced funding agreement with the Texas Department of Transportation (TxDOT) to
construct a cul -de -sac street named Mustang Drive that intersects SH 26. Mustang Drive is
in the City of Southlake and that section of SH 26 is in Grapevine. Both cities provided
funding along with TxDOT and TxDOT constructed Mustang Drive, railroad crossing and
traffic signals at the intersection of Mustang Drive and SH 26.
Diamond Shamrock (now Valero) Petroleum facilities are located west of Mustang Drive.
They obtained an easement across private property to construct a new driveway access to
Mustang Drive. The private property owner required Diamond Shamrock to construct the
driveway to City of Southlake street standards. The City Engineer required the driveway to
be 37 -feet wide with 8 -inch reinforced concrete pavement. The construction was inspected
by the Public Works Department inspectors. The construction was completed in 2001.
Diamond Shamrock has requested that the driveway be accepted as a public street at this
time and the property owner, Joe Wright, concurs due to the fact that development of the
property adjacent to the driveway will have to take access from the driveway because the
Dart railroad lies between the property and SH 26 and DART will probably not allow a
railroad crossing for another driveway. The Public Works Department has made a visual
inspection of the pavement, recently and the pavement appears to be in good condition. Joe
Wright has also committed to install all related water, sewer, etc. utilities within this right
of way in accordance with the City of Southlake's requirement no later than 2003.
During Work Session, Council agreed to approve this item subject to a clean level one
assessment and if the assessment raises an issue with respect to any contamination then the
dedication may only be accepted upon delivery of an environmental indemnity acceptable
to the City Attorney.
10C. Approval of a variance to Sign Ordinance No. 704 -A for Ultimate Electronics located at
2727 East Southlake Boulevard. Acting Director of Community Services Malcolm Jackson
presented this item to Council during the work session. Steve Youel of Gordon Sign Co.,
on behalf Ultimate Electronics, is seeking a variance to Sign Ordinance No. 704 -A to
relocate their existing monument sign closer to the roadway from the existing required
fifteen foot R.O.W. /property line setback. The R.O.W. /property line is not the curb line; it
is 20 feet from the curb. The applicant desires to put the monument sign at a point no closer
than three feet to the north R.O.W. /property line. The relocation is being sought by the
applicant as a remedy to alleviate limited visibility for westbound traffic caused by an
existing tree line.
10D. Approval of a variance to Sign Ordinance No. 704 -A for Carroll Independent School
District located at 1501 W. Southlake Boulevard. Acting Director of Community Services
Malcolm Jackson presented this item to Council during the work session. Jim Schiele, on
behalf of Carroll Independent School District, is requesting a variance to install a special
purpose sign on the campus of Carroll Senior High School located at 1501 W. Southlake
Boulevard. A special purpose sign is allowed by ordinance to be no more than 9 feet high
with an area of no more than 32 square feet per face and a placement period of no more
than 21 days. The proposed sign would be a permanent installation of a single faced sign
with an area of 236 square feet and an overall height of 21 feet to be mounted on posts. It
CITY COUNCIL MEETING MINUTES, DECEMBER 17, 2002, PAGE 5 OF 8
is staff's understanding from lacrosse representatives that the Lacrosse Association will be
paying for this sign in lieu of direct payments to CISD for field utilization cash payment.
Those details of the arrangement are between the association and CISD only and do not
otherwise impact the city.
11A. Ordinance No. 480 -SS, 1 Reading, An amendment to the Comprehensive Zoning
Ordinance No. 480, as amended, as it pertains to the creation of a `Downtown' Zoning
District. Council agreed to approve this ordinance on 1 Reading and hold a Work Session
on January 6 before the 2 Reading on January 21.
Motion was made to approve consent agenda items 5A, 5B, 5C (to table), 5D (to table), 5E (to
table), 8B, 9A, 9B, 9C, 9D, 10A, 10B subject to a clean level one assessment and if the
assessment raises an issue with respect to any contamination then the dedication may only be
accepted upon delivery of an environmental indemnity acceptable to the City Attorney, 10C,
10D, and 11A.
Motion: Standerfer
Second: Stephen
Items 5A, 5B, 5C (to table), 5D (to table), 5E (to table), 9A, 9B, 9C, 9D, 10A, 10B, 10D:
Ayes: Evans, Shankland, Morris, Standerfer, Potter, Stephen, Stacy
Nays: none
Approved: 7 -0
Councilmember Potter stated he is agreeing to move the Downtown Zoning District items
forward on first reading but acknowledged that the Council has a lot of work to do towards it,
and he will not hesitate to ask Council to table it again if need be.
Items 8B, 10C, and 11A:
Ayes: Evans, Shankland, Standerfer, Potter, Stephen, Stacy
Nays: Morris
Approved: 6 -1
Councilmember Morris stated she does not feel the Council is ready to move forward with the
items that relate to the Downtown Zoning District.
REGULAR AGENDA
Agenda Item 6. Public Forum. No one spoke.
Councilmember Potter had to leave the meeting at 7:34 p.m.
Agenda Item 7A. Ordinance No. 840, 2nd Reading, An ordinance amending Ordinance No. 530 -
A and Chapter 4 "Animals" of the Southlake City Code, amending the administrative procedures
relating to the regulation of Dangerous Dogs and Animals. Director of Public Safety Rick Black
presented Ordinance No. 840 to the Council. The proposed Ordinance amends the Southlake
City Code Section on Animals. The changes move the administrative hearing process from the
Director of Public Safety to the Municipal Court Judge. Currently, the Code allows citizens and
police officers who have been attacked by a dog or other animal to file a complaint. That
complaint requires the Director of Public Safety to hold an administrative hearing to determine
CITY COUNCIL MEETING MINUTES, DECEMBER 17, 2002, PAGE 6 OF 8
the disposition of the animal. Having the Director of Public Safety, or his designee, hold this
hearing gives the impression of a conflict of interest. Owners of animals who are the subject of
the hearing frequently believe a preconceived notion of guilt exists. Moving this hearing to the
Municipal Court will provide a more neutral and judicial process. The Ordinance also removes
the appeal process to the City Manager's Office and any appeals that are taken to the judgment
of the Municipal Court will go to the appropriate appeal court.
No one spoke during the public hearing.
In accordance with Section 4.21 of the City Charter, the caption for this item is listed as follows:
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SOUTHLAKE, TEXAS, AMENDING ORDINANCE NO. 530 -A; PROVIDING
DEFINITIONS; PROVIDING FOR THE REGULATION OF DANGEROUS
DOGS AND OTHER DANGEROUS ANIMALS; AMENDING THE
ADMINISTRATIVE PROCEDURES RELATING TO REGULATION OF
DANGEROUS DOGS AND DANGEROUS ANIMALS; PROVIDING FOR
PROCEDURES AND POLICIES TO FACILITATE THIS ORDINANCE;
PROVIDING PENALTIES; PROVIDING A SEVERABILITY CLAUSE;
PROVIDING FOR PUBLICATION; PROVIDING A SAVINGS CLAUSE;
AND PROVIDING AN EFFECTIVE DATE.
Motion was made to approve Ordinance No. 840, 2 Reading.
Motion: Stephen
Second: Standerfer
Ayes: Shankland, Morris, Standerfer, Stephen, Evans, Stacy
Nays: None
Approved: 6 -0
Mayor Stacy announced that the City Council would be going into Executive Session pursuant to
the Texas Government Code, Section 551.074, deliberation regarding personnel matters. Council
adjourned for Executive Session at 7:37 p.m. Executive Session began at 7:37 p.m. and ended at
8:05 p.m. City Council reconvened the regular meeting at 8:06 p.m.
Agenda Item 8A. Ordinance No. 837, 1 Reading, Appointing an Alternate Municipal Judge and
authorizing the Mayor to execute an agreement with the Alternate Municipal Judge and
providing an effective date. On October 15, 2002, the Southlake City Council formally
accepted the resignation of Associate Judge Andrew Wambsganss. The Council then met with
Judge Carol Montgomery on November 5, 2002, and tasked her with narrowing the list of
prospective alternate judge applicants to three candidates. Judge Montgomery then met with all
known applicants and gave the Council her recommendations for the Alternate Judge's
position. The Council interviewed three applicants during Executive Session.
Motion was made to approve Ordinance No. 837, 1 Reading, appointing Gary Lee Hach as
Alternate Municipal Judge for a two year term.
Motion: Standerfer
Second: Evans
Ayes: Morris, Standerfer, Stephen, Evans, Shankland, Stacy
Nays: None
CITY COUNCIL MEETING MINUTES, DECEMBER 17, 2002, PAGE 7 OF 8
Approved: 6 -0
Agenda Item 12. Meeting Adjourned. There being no further business to discuss, the meeting
was adjourned at 8:07 p.m.
Rick S acy
Mayor
ATTEST: ,,,,,,,,,,,,,,,,,, THLgk.
5 . F •,,�
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Lori A. Farwell v
City Secretary
CITY COUNCIL MEETING MINUTES, DECEMBER 17, 2002, PAGE 8 OF 8
Wyndham Properties, Ltd. 1 a 17, 0-;;. ��e e�1
er
Y p
751 E. Southlake Blvd.
Suite 130
Southlake, TX 76092
!817)329 -4599
;817) 488 -2420 Fax
December 17, 2002
City Council
City of Southlake
1400 Main Street
Southlake, Texas 76092
Re: Improvement located in the Byron Nelson Parkway R.O.W.
Dear City Council Members:
Enclosed please find a copy of the landscape plans for the last phase of Timarron. The
sub - division is located in the City of Colleyville, however a portion of the entry features
will be located within the R.O.W. of Byron Nelson Parkway in Southlake. We propose
to build the entry features as shown with the understanding that the repairs and
maintenance will be the responsibility of the Homeowners Association.
By including the repairs and maintenance language to the Developers Agreement this will
allow consistent handling of the hardscape improvements located in the City's R.O.W.'s.
Sincerely,
erry L. Wilkinson
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