2002-05-07 City of Southlake
CITY COUNCIL MEETING
May 7, 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.
STAFF PRESENT: City Manager Billy Campbell, Assistant City Manager Shana Yelverton, Assistant
to the City Manager John Eaglen, Community Services Director Kevin Hugman, Finance Director
Sharen Elam, Senior Planner Ken Baker, Senior Planner Dennis Killough, Public Works Director
Pedram Farahnak, Deputy Director of Public Works Charlie Thomas, Deputy Director of Administrative
Services Malcolm Jackson, Municipal Court Administrator Sean Leonard, Assistant to the Public Works
Director Valerie Bradley, Economic Development Director Greg Last, Economic Development
Specialist Betsy Boyett, City Attorney Debra Drayovitch, Acting City Secretary Kim Bush, and
Administrative Secretary Lori Farwell.
WORK SESSION: The work session was called to order by Mayor Rick Stacy at 5:23 p.m.
REGULAR SESSION:
Agenda Item No. 1, Call to order. The regular session was called to order by Mayor Rick Stacy at 5:37
p.m.
Agenda Item No. 2A, Executive Session: Mayor Rick 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 551.086, deliberation regarding economic development
negotiations. City Council adjourned for Executive Session at 5:37 p.m.
Agenda Item No. 2B, Reconvene: Executive Session ended at 6:50 p.m. and City Council reconvened
the regular meeting at 6:57 p.m. There was no action necessary as a result of the Executive Session.
Agenda Item No. 3, Invocation was presented by Coy Quesenbury of Lonesome Dove Baptist Church.
Agenda Item No. 4, Reports:
A. Mayor's Report: Municipal Judge Carol Montgomery administered the Oath of Office to
Rex Potter and Carolyn Morris. Mayor Stacy announced upcoming meetings and events.
The Mayor presented a proclamation to the Texas Girls' Choir.
B. City Manager's Report: Mr. Campbell reported that the Dallas/Fort Worth Parks and
Recreation Directors Association held their annual awards banquet on April 25 and out of
five awards given that night, the City of Southlake received two. Community Services
Director Kevin Hugman presented the awards to the Mayor and City Council. Municipal
Judge Carol Montgomery reported on changes being made in the Municipal Court. She
said the Municipal Court has been converting to a new software system which has
enhanced the method and the security of processing tickets and warrants. Judge
Montgomery said Officer Jeff Paul, who is a 17 -year veteran of the Southlake police
City Council Meeting Minutes, May 7, 2002, Page 1 of 7
department, is doing an outstanding job as our fulltime warrant officer. Officer Paul has
been in place approximately eight weeks and has processed over 1,500 warrants and
collected thousands of dollars in back revenue.
C. SPIN Report: Andrea Brankin, SPIN Representative #15, reminded everyone of the SPIN
meeting on May 15 regarding the next phase of Town Square.
D. Library Board Report: Brent Burford reported that since the library opened, over 25,000
items have been checked out, over 4,300 library cards have been issued, over 1,000 hours
have been worked by volunteers, and 18,300 items are available for check out.
E. Committee Reports: None
F. Local Business Report: Pieter Andries, with Pieter Andries Jewelers, made a brief
presentation to the Council regarding his store.
Consent Agenda Items:
5A. Approval of the minutes of the City Council meeting held on April 16, 2002. Approved
amending motion for Item 7A to include "...accepting the P &Z recommendation to remove the
Southlake Commons portion of roadway..."
5B. Resolution No. 02 -026, Appointment of Mayor Pro Tem and Deputy Mayor Pro Tem. The
Mayor recommended appointing Ralph Evans as Mayor Pro Tem and Greg Standerfer as Deputy
Mayor Pro Tem.
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 A MAYOR PRO TEM AND A DEPUTY MAYOR PRO TEM
PURSUANT TO ARTICLE 2.07 OF THE HOME RULE CHARTER; AND
PROVIDING AN EFFECTIVE DATE.
5C. Authorize the Mayor to execute a residential developer's agreement for Siena, a 43 -lot
subdivision located on Union Church Road. Staff recommends approving the standard
residential developer's agreement.
5D. 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 May 21, 2002, City Council
meeting.
5E. Variance to the Subdivision Ordinance No. 483, Section 4.01(I)2 (Plat Expiration), as amended,
extending the validity of Case No. ZA99 -100, Plat Revision — Lot 1R2R, W.W. Hall No. 695
Addition (Crestwood Offices, Phase 2). This plat has expired and the owner is requesting an
extension of its validity to allow more time to finalize all outstanding issues and file the plat.
8A. Zoning Ordinance No. 480 -00, 1 Reading, Amendment to the Comprehensive Zoning
Ordinance No. 480, as amended, Section 40 "Development Plans and Site Plans." Tabled to the
August 6, 2002, City Council meeting.
8B. ZA02 -028, Plat Revision, Lots 7R1 & 7R2, Simmons Forest, being approximately 2.2 acres of
land located at 811 Simmons Court. Current Zoning: SF -1A — Single Family Residential District.
City Council Meeting Minutes, May 7, 2002, Page 2 of 7
P &Z recommended approval at its April 18 meeting subject to Plat Review Summary No. 2,
dated April 12.
10A. Request for variance to Sign Ordinance No. 704 -A for Tweeter Home Entertainment located at
2801 E. Southlake Boulevard. Applicant is requesting 24 -inch letters or less except for one 36-
inch upper case letter "T" and one 30 -inch lower case letter "t."
Motion was made to approve consent agenda items 5A, 5B, 5C, 5D (to table), 5E, 8A (to table), 8B, and
10A.
Motion: Stephen
Second: Evans
Items 5A, 5C, 5D (to table), 5E, 8A (to table), 8B, and 10A.
Ayes: Evans, Shankland, Morris, Standerfer, Potter, Stephen, Stacy
Nays: None
Approve: 7 -0
Item 5B
Ayes: Evans, Standerfer, Stephen, Stacy
Nays: Shankland, Morris, Potter
Approve: 4 -3
Councilmember Shankland stated he is opposed to Item 5B because historically these positions are filled
by seniority, and they were not this time. Councilmember Morris opposed Item 5B for the same reason.
Agenda Item No. 6. Public Forum. There were no comments during the Public Forum.
Agenda Item 7A. Request for a variance to Lighting Ordinance No. 693 -B for Thomas Soccer Fields
located at 845 S. Kimball Avenue. Deputy Director of Administrative Services Malcolm Jackson met
with the applicant during the Council's Executive Session and said the applicant has received letters
from the adjacent property owners with regard to the increased lighting levels. The applicant committed
to assuring no hazardous glare to any traffic on Kimball Avenue and agreed to install shields similar to
the Bob Jones Park shields on all of the lights on all of the fields. Applicant Dalen Thomas was present
to answer questions from Council.
Motion was made to approve the variance to Lighting Ordinance No. 693 -B incorporating the
applicant's willingness to include shields on all lights comparable to those at Bob Jones Park and to
assure there is no hazardous traffic roadway glare on Kimball Avenue.
Motion: Potter
Second: Shankland
Ayes: Shankland, Morris, Standerfer, Potter, Stephen, Evans, Stacy
Nays: None
Approve: 7 -0
Agenda Item 7B. Ordinance No. 480 -395, 2nd Reading (ZA02 -020) Zoning Change and Concept Plan for
Thomas Soccer Complex, being approximately 14 acres of land located on the southeast corner of Crooked
Lane and South Kimball Avenue extension. Current Zoning: I -1 - Light Industrial District. Requested
Zoning: S -P -2 - General Site Plan District Regulations with I -1 - Light Industrial District uses to include
indoor /outdoor soccer fields, restaurant and retail uses, and other associated support services; and
City Council Meeting Minutes, May 7, 2002, Page 3 of 7
specifically prohibiting sexually oriented businesses. Senior Planner Dennis Killough stated that P &Z
recommended approval at its April 4 meeting subject to Concept Plan Review Summary No. 2, dated
March 28, 2002, allowing stacking variance in comment #2 and allowing lighting variance in comment #4
for only lighting type (metal halide) and an increase in maximum illumination on the property and requiring
any fencing along Crooked Lane and Kimball Avenue to be on the inside bufferyard boundary. On April
16, Council approved first reading on consent subject to P &Z's recommendation eliminating lights on
northern field and addressing fencing with consideration of the Site Plan. Applicant Dalen Thomas was
present to answer questions from the Council.
In accordance with Section 4.21 of the City Charter, the caption for this item is listed as follows:
AN ORDINANCE AMENDING ORDINANCE NO. 480, AS AMENDED, THE
COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF SOUTHLAKE, TEXAS;
GRANTING A ZONING CHANGE ON A CERTAIN TRACT OR TRACTS OF LAND
WITHIN THE CITY OF SOUTHLAKE, TEXAS BEING LEGALLY DESCRIBED AS TRACT
1, GREEN MEADOWS SUBDIVISION, AN ADDITION TO THE CITY OF SOUTHLAKE AS
RECORDED IN VOLUME 388 -96, PAGE 45, PLAT RECORDS, TARRANT COUNTY,
TEXAS, AND BEING APPROXIMATELY 14 ACRES, AND MORE FULLY AND
COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "I -1" LIGHT INDUSTRIAL
DISTRICT TO "S -P -2" GENERALIZED SITE PLAN DISTRICT WITH "I -1" LIGHT
INDUSTRIAL USES TO INCLUDE INDOOR/OUTDOOR SOCCER FIELDS, RESTAURANT
AND RETAIL USES, AND OTHER ASSOCIATED SUPPORT SERVICES; AND
SPECIFICALLY PROHIBITING SEXUALLY ORIENTED BUSINESSES, AS DEPICTED ON
THE APPROVED CONCEPT PLAN ATTACHED HERETO AND INCORPORATED HEREIN
AS EXHIBIT "B ", SUBJECT TO THE SPECIFIC REQUIREMENTS CONTAINED IN THIS
ORDINANCE; CORRECTING THE OFFICIAL ZONING MAP; PRESERVING ALL OTHER
PORTIONS OF THE ZONING ORDINANCE; DETERMINING THAT THE PUBLIC
INTEREST, MORALS AND GENERAL WELFARE DEMAND THE ZONING CHANGES
AND AMENDMENTS HEREIN MADE; PROVIDING THAT THIS ORDINANCE SHALL BE
CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE;
PROVIDING FOR A PENALTY FOR VIOLATIONS HEREOF; PROVIDING A SAVINGS
CLAUSE; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND
PROVIDING AN EFFECTIVE DATE.
There were no comments from the audience during the Public Hearing.
Motion was made to approve Ordinance No. 480 -395, 2nd Reading, subject to the Concept Plan Review
Summary No. 3, dated April 12, 2002, as approved on 1 Reading.
Motion: Potter
Second: Stephen
Ayes: Morris, Standerfer, Potter, Stephen, Evans, Shankland, Stacy
Nays: None
Approve: 7 -0
Agenda Item 7C. Ordinance No. 480 -396, 2nd Reading (ZA02 -022) Rezoning on approximately 2.2 acres
of land located at 651 E. Highland. Current Zoning: AG - Agricultural District. Requested Zoning: SF -1A -
Single Family Residential District. Senior Planner Dennis Killough stated that P &Z recommended
approval at its April 4 meeting and Council approved first reading on consent at its April 16 meeting.
In accordance with Section 4.21 of the City Charter, the caption for this item is listed as follows:
City Council Meeting Minutes, May 7, 2002, Page 4 of 7
AN ORDINANCE AMENDING ORDINANCE NO. 480, AS AMENDED, THE
COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF SOUTHLAKE, TEXAS;
GRANTING A ZONING CHANGE ON A CERTAIN TRACT OR TRACTS OF LAND
WITHIN THE CITY OF SOUTHLAKE, TEXAS BEING LEGALLY DESCRIBED AS A
PORTION OF LOT 1, BLOCK A, MILNER ADDITION, AN ADDITION TO THE CITY OF
SOUTHLAKE AS RECORDED IN CABINET A, SLIDE 147, PLAT RECORDS, TARRANT
COUNTY, TEXAS, AND BEING APPROXIMATELY 2.1972 ACRES, AND MORE FULLY
AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "AG" AGRICULTURAL
DISTRICT TO "SF -1A" SINGLE FAMILY RESIDENTIAL DISTRICT, SUBJECT TO THE
SPECIFIC REQUIREMENTS CONTAINED IN THIS ORDINANCE; CORRECTING THE
OFFICIAL ZONING MAP; PRESERVING ALL OTHER PORTIONS OF THE ZONING
ORDINANCE; DETERMINING THAT THE PUBLIC INTEREST, MORALS AND GENERAL
WELFARE DEMAND THE ZONING CHANGES AND AMENDMENTS HEREIN MADE;
PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL
ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY
FOR VIOLATIONS HEREOF; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR
PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE
DATE.
There were no comments from the audience during the Public Hearing.
Motion was made to approve Ordinance No. 480 -396, 2nd Reading.
Motion: Potter
Second: Stephen
Ayes: Standerfer, Potter, Stephen, Evans, Shankland, Morris, Stacy
Nays: None
Approve: 7 -0
Agenda Item 7D. Ordinance No. 480 -397, 2nd Reading (ZA02 -024) Zoning Change on approximately 2.52
acres of land located at 1300 Shady Oaks Drive. Current Zoning: AG - Agricultural District. Requested
Zoning: SF -1A - Single Family Residential District. Senior Planner Dennis Killough stated that P &Z
recommended approval at its April 4 meeting and the Council approved first reading on consent at its April
16 meeting.
In accordance with Section 4.21 of the City Charter, the caption for this item is listed as follows:
AN ORDINANCE AMENDING ORDINANCE NO. 480, AS AMENDED, THE
COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF SOUTHLAKE, TEXAS;
GRANTING A ZONING CHANGE ON A CERTAIN TRACT OR TRACTS OF LAND
WITHIN THE CITY OF SOUTHLAKE, TEXAS BEING LEGALLY DESCRIBED AS TRACT
2A, TM HOOD SURVEY, ABSTRACT NO. 706, AND BEING APPROXIMATELY 2.52
ACRES, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM
"AG" AGRICULTURAL DISTRICT TO "SF -1A" SINGLE FAMILY RESIDENTIAL
DISTRICT, SUBJECT TO THE SPECIFIC REQUIREMENTS CONTAINED IN THIS
ORDINANCE; CORRECTING THE OFFICIAL ZONING MAP; PRESERVING ALL OTHER
PORTIONS OF THE ZONING ORDINANCE; DETERMINING THAT THE PUBLIC
INTEREST, MORALS AND GENERAL WELFARE DEMAND THE ZONING CHANGES
AND AMENDMENTS HEREIN MADE; PROVIDING THAT THIS ORDINANCE SHALL BE
CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE;
PROVIDING FOR A PENALTY FOR VIOLATIONS HEREOF; PROVIDING A SAVINGS
CLAUSE; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND
PROVIDING AN EFFECTIVE DATE.
City Council Meeting Minutes, May 7, 2002, Page 5 of 7
There were no comments from the audience during the Public Hearing.
Motion was made to approve Ordinance No. 480 -397, 2 Reading.
Motion: Potter
Second: Stephen
Ayes: Potter, Stephen, Evans, Shankland, Morris, Standerfer, Stacy
Nays: None
Approve: 7 -0
Agenda Item 7E. Resolution No. 02 -025 (ZA02 -031) Specific Use Permit for Off the Vine to allow the
sale of alcoholic beverages for on and off - premise consumption located at 601 E. Southlake Boulevard.
Current Zoning: NR -PUD — Non - Residential Planned Unit Development District. Senior Planner Dennis
Killough stated that P &Z recommended approval at its April 18 meeting. Representatives of Off the
Vine were present to answer 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 LEGALLY
DESCRIBED AS A PORTION OF LOT 4, BLOCK 60, TIMARRON PHASE 5, AN ADDITION
TO THE CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS, ACCORDING TO THE
PLAT RECORDED IN CABINET A, SLIDE 3675, PLAT RECORDS, TARRANT COUNTY,
TEXAS, AND BEING APPROXIMATELY 1.02 ACRES, MORE FULLY AND
COMPLETELY DESCRIBED IN EXHIBIT "A ", AND AS DEPICTED ON THE APPROVED
CONCEPT PLAN ATTACHED HERETO AND INCORPORATED HEREIN AS EXHIBIT "B"
AND PROVIDING AN EFFECTIVE DATE.
There were no comments from the audience during the Public Hearing.
Motion was made to approve Resolution No. 02 -025 limiting the SUP to five years or to the term of the
lease whichever is shorter.
Motion: Potter
Second: Shankland
Ayes: Stephen, Evans, Shankland, Morris, Standerfer, Potter, Stacy
Nays: None
Approve: 7 -0
Agenda Item No. 12. Adjournment. There being no further business to discuss, the meeting adjourned at
7:50 p.m.
City Council Meeting Minutes, May 7, 2002, Page 6 of 7
Submitted by:
Lk 1
Lori A. Farwell
Administrative Secretary
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ATTEST: ,,,s %t OUTH� Mayor ' ick Stacy
_i.3:
m : ush, Acting City Secretary
City Council Meeting Minutes, May 7, 2002, Page 7 of 7