2002-04-16 City of Southlake
CITY COUNCIL MEETING
April 16, 2002
MINUTES
CITY COUNCIL PRESENT: Mayor Rick Stacy, Mayor Pro Tem W. Ralph Evans,
Councilmembers: Rex Potter (7:00 p.m.), Keith Shankland, Greg Standerfer, 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, Planning Director Bruce Payne, Senior Planner Ken Baker, Public Works
Director Pedram Farahnak, Deputy Director of Public Works Charlie Thomas, Deputy Director of
Administrative Services Malcolm Jackson, Assistant to the Public Works Director Valerie Bradley,
Economic Development Director Greg Last, Economic Development Specialist Betsy Boyett, City
Attorney E. Allen Taylor, Acting City Secretary Kim Bush, and Administrative Secretary Lori
Farwell.
WORK SESSION: The work session was called to order by Mayor Rick Stacy at 5:40 p.m.
REGULAR SESSION:
Agenda Item No. 1, Call to order. The regular session was called to order by Mayor Rick Stacy at
6:04 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 6:04 p.m.
Agenda Item No. 2B, Reconvene: Executive Session ended at 6:35 p.m. and City Council reconvened
the regular meeting at 7:04 p.m. There was no action necessary as a result of the Executive Session.
Agenda Item No. 3, Invocation was presented by Matt Turner of Southlake Harbor Church.
Agenda Item No. 4, Reports:
A. Mayor's Report: Mayor Stacy announced upcoming meetings and events. The Mayor
presented proclamations to: (1) Martin Schelling for Southlake Volunteer of the Year;
(2) Lori Farwell on behalf of City staff for National Administrative Professionals week;
and, (3) Joanne Leek and Laura Highlander on behalf of Southlake volunteers for
National Volunteer Week.
B. City Manager's Report: Mr. Campbell reported on the grand opening celebration of the
West DPS facility held on Saturday, April 13. Also during the City Manager's report
Mr. Kenneth Govan with Oncor (formerly TXU) introduced himself and informed the
Council that he would be the primary contact for the City of Southlake.
C. SPIN Report: Patty Minder, SPIN Representative #8, reported on activities in her
neighborhood. She complimented the contractors building the Bank One facility for
City Council Meeting Minutes, April 16, 2002, Page 1 of 8
keeping the property clean during construction. She also asked that someone look into
the following issues: (1) possibility of providing a right turn only lane at Westwood
and FM 1709 due to this being a heavy traffic area; and, (2) enforcement of mowing
requirements on the vacant lot at Westwood and FM 1709.
D. Parks and Recreation Board Report: Park Board member Cara White informed the
Council on activities at the city parks. She also complimented the efforts that have
been made on lighting the fields at Bob Jones Park and stated that they have done an
excellent job. Ms. White also commented on concerns she had with use of the tennis
courts and them being dominated by tennis pros, however, she thought the Poorman's
(tennis center contractors) would work hard to make it fair for all users.
E. Committee Reports: None
F. Local Business Report: Mark Slevin, with Snookies Bar and Grill, made a brief
presentation to the Council regarding their new store.
Consent Agenda Items:
5A. Approval of the minutes of the City Council meeting held on April 1, 2002. Approved as
presented.
5B. Approval of a professional services agreement with Cheatham & Associates for design of water
and sewer improvements in the FY 2001 -02 CIP. Staff recommends approving the agreement
in the amount of $533,050 as budgeted in the FY 2001 -02 CIP.
5C. Authorize the Mayor to execute a residential developer's agreement for Triple C Ranch, a 58-
lot subdivision located on North Carroll Avenue. Staff recommends approving the standard
residential developer's agreement. City Engineer Charlie Thomas informed Council during
work session that the developer intends to detain runoff within their property, and city staff
will work closely with the engineer on this project. Mr. Thomas assured the Council that the
development will not significantly impact the runoff any more than what is already there today.
5D. Authorize the Mayor to execute a residential developer's agreement for Siena, a 43 -lot
subdivision located on Union Church Road. Applicant requested that this item be tabled.
5E. ZA02 -015, Site Plan for Summit Avenue Same Day Surgery - Southlake Town Square, Phase
III, Block 23, located on the north side of E. Southlake Boulevard (FM 1709), approximately
600' east of Central Avenue. Current Zoning: NR -PUD Non - Residential Planned Unit
Development District. Withdrawn by the applicant on 4/12/2002.
8A. Ordinance No. 480 -395, 1 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 - - Light
Industrial District uses to include indoor /outdoor soccer fields, restaurant and retail uses, and
other associated support services; and specifically prohibiting sexually oriented businesses.
Senior Planner Ken Baker 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
City Council Meeting Minutes, April 16, 2002, Page 2 of 8
Crooked Lane and Kimball Avenue to be on the inside bufferyard boundary. As discussed
during work session, the applicant Dalen Thomas, informed the Council that they would not light
the northern field next to the residential area. The engineer for the project, F.C. LeVrier, also
explained that they are requesting to stagger the fence line outside and inside the bufferyard in
order to work around the playing field areas.
8B. Ordinance No. 480 -396, 1s Reading (ZA02 -022) Rezoning on approximately 2.2 acres of land
located at 651 E. Highland. Current Zoning: AG - Agricultural District. Requested Zoning: SF-
lA - Single Family Residential District. P &Z recommended approval at its April 4 meeting.
8C. ZA02 -023, Plat Revision of Lots 1R1 & 1R2, Block A, Milner Addition, on property located at
651 E. Highland. Current Zoning: AG - Agricultural District. Proposed Zoning: SF -1A - Single
Family Residential District. P &Z recommended approval at its April 4 meeting subject to Plat
Review Summary No. 2, dated March 28, 2002, allowing requested variance to comment #1
(street frontage).
8D. Ordinance No. 480 -397, 1 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. P &Z recommended approval at its April 4
meeting.
9A. Resolution No. 02 -024, Vehicle Policy, specifying general policies related to City fleet
vehicles. Staff recommends approval as presented.
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, ESTABLISHING A CITY VEHICLE POLICY.
10A. Approval of Revisions to General Operating Policies and Scheduling of City Tennis Courts.
Staff proposes that tennis professionals outside of the Southlake Tennis Center be prohibited
from operating their business on these courts. Staff recommends approval as presented.
10B. Request for variance to Sign Ordinance No. 704 -A for Bank One located at 111 South Village
Center Drive. Applicant is requesting 12 inch letters for "Bank One" and a 36 inch logo "1."
10C. Approval of a Professional Services Agreement with KSA Engineering, Inc., for preparation of
a Drainage Master Plan and development of documents to comply with the Storm Water Phase
II Regulations. During the work session, Public Works Director Pedram Farahnak stated that
the Drainage Master Plan (DMP) and the criteria manual will set forth the Council's policy for
compliance with the National Pollutant Discharge Elimination System (NPDES). The DMP
will examine capacity of primary creeks serving Southlake's 13 watersheds located within two
major basins (Southlake Shores and Big Bear Creek). The Hydraulic Engineering Center's
computer program will examine the current capacity of all primary creeks and the required size
and needed improvements under fully developed conditions. Staff recommended approval in
the amount of $247,000.
City Council Meeting Minutes, April 16, 2002, Page 3 of 8
Motion was made to approve consent agenda items 5A, 5B, 5C, 5D (to table), 5E (withdrawal), 8A
eliminating the lighting on the northern field and addressing the fence at site plan, 8B, 8C, 8D, 8E,
9A, 10A, 10B with a variance for a "1" at 36" high, and 10C, as discussed above.
Motion: Stephen
Second: Standerfer
Ayes: Evans, Potter, Shankland, Stacy, Standerfer, Stephen
Nays: none
Abstain: Shankland on item 5A
Approve: 6 -0
Agenda Item No. 6. Public Forum.
Kim Clancy, 1016 Alamo Drive, Southlake, stated that she was concerned, after viewing the video of
the last Council meeting, with a condition that occurs with every project that David McMahan brings
forward. She was encouraged to see that Council was trying to work with him and those persons who
spoke at the meeting. She asked that the Council not take any action that would increase density. She
commented that she believes no one on the Council supports or pushes for high density. Ms. Clancy
also commented about looking into making the tennis courts at the Junior High a joint use facility.
Kenneth Horne, 1215 Ashmore Ct., Southlake. Mr. Horne reported to the Council that there is a
safety issue with exit signs west bound on SH 114 just past the bridge - if someone is not familiar
with the area it creates a dangerous situation.
Maria Chase, 600 Cherry Lane, Southlake. Ms. Chase informed the Council that she too has noticed
the same problem concerning signage on SH114.
Agenda Item No. 7A. Resolution No. 02 -010, Amendments to the Master Thoroughfare Plan. Senior
Planner Ken Baker presented Resolution No. 02 -010 the amendment to the Master Thoroughfare Plan
Text and Map to indicate the general alignment and roadway classifications for the following: (1) Rucker
Road; (2) Remington Road (Owenwood Drive); and, (3) Randol Mill Avenue (FM 1938).
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,
AMENDING THE ADOPTED MASTER THOROUGHFARE PLAN MAP TO INDICATE
THE GENERAL ALIGNMENT DESIGNATING RUCKER ROAD AS A C2U -60' R.O.W.
COLLECTOR STREET LOCATED SOUTH OF FM 1709 BETWEEN BYRON NELSON
PARKWAY AND FM 1709 /CENTRAL PLACE INTERSECTION AND SPECIFYING THE
DESIGN FEATURES FOR RUCKER ROAD; DESIGNATING REMINGTON ROAD
(OWENWOOD DRIVE) AS A C2U -60' R.O.W. COLLECTOR STREET WITH A
CONTINUOUS LEFT TURN LANE BETWEEN FM 1709 AND UNION CHURCH ROAD
AND SPECIFYING DESIGN FEATURES FOR REMINGTON ROAD; DESIGNATING
RANDOL MILL AVENUE FROM FM 1709 NORTH TO THE WESTLAKE CITY LIMITS
AS 140' OF R.O.W. TO REFLECT THE EXTENSION OF FM 1938 ALONG THE
RANDOL MILL R.O.W.; AND PROVIDING AN EFFECTIVE DATE.
Public Hearing:
City Council Meeting Minutes, April 16, 2002, Page 4 of 8
Sue Johnson, HOA Oak Tree Estates. Ms. Johnson explained that the homeowners in Oak Tree Estates
did not want the Rucker Road to extend through their subdivision. The homeowners believe that
motorist will cut through the subdivision to avoid the light at Carroll and FM 1709 and create a safety
concern for the neighborhood.
There were no other comments from the audience during the Public Hearing.
City Council discussed ending the road at South Carroll Avenue (rather than aligning with Central Place)
as far south as possible from the FM 1709 / Carroll Avenue intersection and in a manner that does not
negatively impact the residential properties in Oak Tree Estates - somewhere south of the subdivision
boundary line to where the headlights from vehicles will not shine in the homes.
Motion was made to approve Resolution No. 02 -010, amendments to the Master Thoroughfare Plan as
represented tonight, accepting the P &Z recommendation to remove the Southlake Commons portion of
roadway, and allowing a full access intersection to South Carroll Avenue so long as it does not
negatively impact the residential properties in Oak Tree Estates, and approving Remington Road and
Randol Mill Avenue as presented.
Motion: Potter
Second: Stephen
Ayes: Evans, Potter, Shankland, Stacy, Standerfer, Stephen
Nays: none
Approved: 6 -0
Agenda item No. 7B. Resolution No. 02 -013 (ZA01 -142) Specific Use Permit for the sale of alcoholic
beverages for Little Italy restaurant, located in a portion of Building 1 -C, Lot 4, Block 1R, Southlake
Town Square, Phase I. Current Zoning: NR -PUD - Non - Residential Planned Unit Development. Senior
Planner Ken Baker presented ZA 01 -142 and informed the Council that P &Z recommended approval at
its April 4 meeting.
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 1R, SOUTHLAKE TOWN SQUARE
PHASE I, 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
0.328 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 -013, Specific Use Permit for the sale of alcoholic
beverages for Little Italy restaurant for a period of five years.
Motion: Standerfer
Second: Shankland
City Council Meeting Minutes, April 16, 2002, Page 5 of 8
Council discussed allowing the permit to be valid for the length of the lease.
Motion and second were amended to read:
Motion was made to approve Resolution No. 02 -013, Specific Use Permit for the sale of alcoholic
beverages for Little Italy restaurant for a term the length of the lease.
Motion: Standerfer
Second: Shankland
Ayes: Evans, Potter, Shankland, Stacy, Standerfer, Stephen
Nays: none
Approved: 6 -0
Agenda Item No. 7C. Ordinance No. 480 -393, 2nd Reading (ZA02 -016) Rezoning and Concept Plan -
St. John Baptist Church, being approximately 10 acres of land located on the southwest corner of
Crooked Lane and S. Kimball Avenue extension. Current Zoning: I -1 -Light Industrial District.
Requested Zoning: CS - Community Service District. Senior Planner Ken Baker presented ZA 02 -016
and stated that P &Z recommended approval at its March 21 meeting subject to Concept Plan Review
Summary No. 2, dated March 15, 2002. Architect F.C. LeVrier 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 5, GREEN MEADOW SUBDIVISION, AN ADDITION TO THE CITY OF
SOUTHLAKE ACCORDING TO THE PLAT RECORDED IN VOLUME 388 -96, PAGE 45,
PLAT RECORDS, TARRANT COUNTY, TEXAS, AND BEING APPROXIMATELY 10
ACRES, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A"
FROM "I -1" LIGHT INDUSTRIAL DISTRICT TO "CS" COMMUNITY SERVICE
DISTRICT 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 Public Hearing.
Motion was made to approve Ordinance No. 480 -393, 2 Reading, subject to the Concept Plan
Review Summary No. 2, dated March 15, 2002.
Motion: Standerfer
Second: Potter
City Council Meeting Minutes, April 16, 2002, Page 6 of 8
Ayes: Evans, Potter, Shankland, Stacy, Standerfer, Stephen
Nays: none
Approved: 6 -0
Agenda Item No. 7D. Ordinance No. 480 -394, 2' Reading (ZA02 -025) Rezoning on approximately 31
acres of land located on the northwest corner of State Highway 26 and Mustang Drive. Current Zoning:
AG - Agricultural District and I -2 - Heavy Industrial District. Requested Zoning: I -1 - Light Industrial
District. Senior Planner Ken Baker presented ZA 02 -025 and stated that P &Z recommended approval at
its March 21, 2002 meeting. Applicant Martin Schelling, 601 W. Wall Street, was presented to answer
questions for 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 1A, 1B3, AND A PORTION OF 1B1B, SITUATED IN THE H. DECKER
SURVEY, ABSTRACT NO. 438, AND BEING APPROXIMATELY 30.8163 ACRES, AND
MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "AG"
AGRICULTURAL DISTRICT AND I -2" HEAVY INDUSTRIAL DISTRICT TO "I -1"
LIGHT INDUSTRIAL 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 Public Hearing.
Motion was made to approve Ordinance No. 480 -394, 2 ° Reading, as presented.
Motion: Standerfer
Second: Stephen
Ayes: Evans, Potter, Shankland, Stacy, Standerfer, Stephen
Nays: none
Approved: 6 -0
Agenda Item No. 7E. ZA02 -030, Revised Site Plan for The Clariden School, on property described as a
portion of Tracts 1 and 1A, situated in the W. Mills Survey, Abstract No. 877; being approximately 23
acres located on the west side of North White Chapel Boulevard approximately 1,400' south of Bob
Jones Road. Current Zoning: S -P -2 - Generalized Site Plan District with CS - Community Services
District uses limited to a private school. Senior Planner Ken Baker presented ZA 02 -030 and stated that
the applicant is requesting a variance to the previously approved 8 -foot privacy fence to allow for a 6-
foot pipe fence, similar to what is in place along N. White Chapel at Bob Jones Park. P &Z
City Council Meeting Minutes, April 16, 2002, Page 7 of 8
recommended approval at its April 4 meeting, allowing the variance to the fencing. The Clariden School
applicant was present to answer Council questions.
There were no comments from the audience during the Public Hearing.
Motion was made to approve ZA 02 -030, Revised Site Plan for the Clariden School as presented.
Motion: Standerfer
Second: Potter
Ayes: Evans, Potter, Shankland, Stacy, Standerfer, Stephen
Nays: none
Approved: 6 -0
Agenda Item No. 7F. Ordinance No. 825, 2 "d Reading, Prohibiting the keeping of wild and dangerous
animals. Deputy Director of Administrative Services Malcolm Jackson presented Ordinance No. 825
stating that House Bill 1362 allows cities to prohibit the possession, ownership or confinement of
designated animals as listed in the Bill.
In accordance with Section 4.21 of the City Charter, the caption for this item is listed as follows:
AN ORDINANCE AMENDING CHAPTER 4, "ANIMALS," OF THE CODE OF
ORDINANCES OF THE CITY OF SOUTHLAKE, TEXAS; BY AMENDING THE
DEFINITION OF "WILD ANIMAL" AND BY AMENDING THE PROHIBITION
AGAINST KEEPING WILD ANIMALS AND DANGEROUS ANIMALS WITHIN THE
CITY; PROVIDING THAT TO THE EXTENT PERMITTED BY LAW THIS ORDINANCE
SHALL CONTROL OVER OTHER LAWS GOVERNING WILD ANIMALS; PROVIDING
A CUMULATIVE CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A
SAVINGS CLAUSE; PROVIDING FOR A PENALTY FOR VIOLATIONS HEREOF;
PROVIDING FOR PUBLICATION; AND PROVIDING AN EFFECTIVE DATE.
There were no comments from the audience during the Public Hearing.
Motion was made to approve Ordinance No. 825, 2nd Reading, as presented.
Motion: Standerfer
Second: Potter
Ayes: Evans, Potter, Shankland, Stacy, Standerfer, Stephen
Nays: none
Approved: 6 -0
Agenda Item No. 12. Meeting Adjourned. There being no further business to discuss, the meeting
adjourned at 9:00 p.m.
•
O ff : ; ii�—�
ATTEST: i i � May r Rick Stacy
/ .. ........
Kim : ush, Acting City Secretary
City Council Meeting Minutes, April 16, 2002, Page 8 of 8