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2003-10-21 Regular CC Meeting CITY OF SOUTHLAKE REGULAR CITY COUNCIL MEETING: OCTOBER 21, 2003 LOCATION: 1400 Main Street, Southlake, Texas Council Chambers in Town Hall WORK SESSION: 5:30 to 6:00 P.M. 1. Call to order. 2. Discussion of all items on tonight's meeting agenda. No action will be taken and each item will be considered during the Regular Session. REGULAR SESSION: 6:00 P.M. or immediately following the work session 1. Call to order. 2. A. Executive Session: Pursuant to the Open Meetings Act, Chapter 551, Texas Government Code, Sections 551.071, 551.072, 551.073, 551.074, 551.076 and 551.087. Refer to posted list attached hereto and incorporated herein. Executive Session may be held, under these exceptions, at the end of the Regular Session or at any time during the meeting that a need arises for the City Council to seek advice from the City Attorney as to the posted subiect matter of this City Council meeting. 1. Section 551.072 Deliberation regarding real property a. Discuss possible purchase of property for park purposes. 2. Section 551.087 Deliberation regarding Economic Development negotiations a. Economic incentives for businesses. B. Reconvene: Action necessary on items discussed in Executive Session. 3. INVOCATION: Chaplain of the Month — Coy Quesenbury, Lonesome Dove Baptist Church 4. REPORTS: A. Mayor's Report 1. Special presentation to State Representative Vicki Truitt B. City Manager's Report CONSENT AGENDA All items listed below are considered to be routine by the City Council and will be enacted with one motion. There will be no separate discussion of items unless a Councilmember or citizen so requests, in which event the item will be removed from the general order of business and considered in its normal sequence. City of Southlake City Council Meeting Agenda October 21, 2003 Page 2 of 5 5. Consent: A. Approve minutes for the October 7, 2003, City Council meeting. B. Authorize the Mayor to execute a Professional Services Agreement with Cheatham and Associates, Inc., to conduct Vulnerability Assessments (VA) and Emergency Response Plans (ERP) in accordance with the Public Health Security and Bioterrorism Preparedness and Response Act of June 12, 2002. C. Authorize the Mayor to execute a Commercial Developer's Agreement for Harris Methodist Southlake, a 12.6339 acre tract located on the south side of East Southlake Boulevard across from Central Drive. D. Resolution No. 03 -074, Encouraging the Texas Legislature to include transportation funding in tax reform study. E. Ordinance No. 858, 2 Reading, Providing regulations on the use, location, and display of primary flags in residential areas. TABLE AND CONTINUE THE PUBLIC HEARING TO THE NOVEMBER 4, 2003, CITY COUNCIL MEETING. REGULAR AGENDA 6. Public Forum. 7. Ordinances, second readings, public hearings, and related items: A. Ordinance No. 480 -294b (ZA03 -072), 1 Reading, Zoning Change and Concept Plan for Harris Methodist Southlake on property located on the south side of East Southlake Boulevard (FM 1709) and 1,500' east of Carroll Avenue. Current Zoning: S -P -2 General Site Plan District. SPIN Neighborhood #8. (If approved on first reading the public hearing will be held on November 4, 2003.) B. ZA03 -043, Revised Site Plan for Harris Methodist Southlake on property located on the south side of East Southlake Boulevard (FM 1709) and 1,500' east of Carroll Avenue. Current Zoning: S -P -2 General Site Plan District. SPIN Neighborhood #8. PUBLIC HEARING C. ZA03 -068, Revised Site Plan for Gateway Plaza, Phase II on property located approximately 240' north of the northwest corner of East Southlake Boulevard (FM 1709) and North Nolen Drive. Current Zoning: S -P -2 General Site Plan District. SPIN Neighborhood #8. PUBLIC HEARING D. ZA03 -069, Revised Site Plan for Gateway Plaza, Phase II on property located on the north side of East Southlake Boulevard (FM 1709) approximately 300' east of City of Southlake City Council Meeting Agenda October 21, 2003 Page 3 of 5 North Nolen Drive. Current Zoning: S -P -2 General Site Plan District. SPIN Neighborhood #8. PUBLIC HEARING 8. Ordinances, first readings, and related items: (There are no items on this agenda.) 9. Resolutions: (There are no items on this agenda.) 10. Other items for consideration: A. Award of bid to The Christmas Light Company for installation of holiday lighting at Town Square, and purchase and installation of holiday lighting at Town Hall. B. Consider SP03 -029, Variance to Sign Ordinance No. 704 -A, for Vermilion Subdivision located at 2840 West Southlake Boulevard (FM 1709). C. Consider SP03 -035, Variance to Sign Ordinance No. 704 -A, for Red Sage Restaurant located at 631 East Southlake Boulevard (FM 1709), Suite A. D. Consider SP03 -046, Variance to Sign Ordinance No. 704 -A, for Drexel Heritage Furniture located at 1600 East Southlake Boulevard (FM 1709). E. Authorize the Mayor to execute a Contract for Sale regarding the sale of approximately 2.232 acres of city -owned property at the northeast corner of FM 1709 and Pearson Lane. F. Referral to the Tarrant County Criminal District Attorneys office for investigation and prosecution, if appropriate, violations of the Open Meetings Act relating to consideration of the 2025 Committee agenda item on the October 7, 2003 City Council agenda. 11. Other items for discussion: (There are no items on this agenda.) 12. Meeting adjourned. City of Southlake City Council Meeting Agenda October 21, 2003 Page 4 of 5 CERTIFICATE I hereby certify that the above agenda was posted on the official bulletin boards at Town Hall, 1400 Main Street, Southlake, Texas, on Friday, October 17, 2003, by 6:00 p.m., pursuant to the Texas Government Code, Chapter 551. o „,,,,p „,, %% daf.A s • ` ` 0 •: Lori A. Farwell v . City Secretary ' • ••• • If you plan to attend this public meeting ancl'7ttziu�ta &bility that requires special needs, please advise the City Secretary's Office 48 hours in advance at 817 - 481 -1490 and reasonable accommodations will be made to assist you. City of Southlake City Council Meeting Agenda October 21, 2003 Page 5 of 5 EXECUTIVE SESSION SECTION 551.071 CONSULTATION WITH ATTORNEY The City Council may conduct a private consultation with its attorney when the City Council seeks the advice of its attorney concerning any item on this agenda, about pending and contemplated litigation, or a settlement offer, or on a matter in which the duty of the attorney to the City Council under the Texas Disciplinary Rules of Professional Conduct of the State Board of Texas clearly conflicts with Chapter 551. This includes the following pending and/or contemplated litigation subjects: 1. City of Southlake vs. Timarron et.al. May 2001. 2. City of Southlake vs. Pinnacle Integrated Technologies, Inc. September 2002. 3. Richard W. Hart vs. City of Southlake. September 2002. 4. Architectural Utilities Limited Partnership dba AUI General Contractors vs. City of Southlake. March 2003. SECTION 551.072 DELIBERATION REGARDING REAL PROPERTY The City Council may conduct a closed meeting to deliberate the purchase, exchange, lease or value of real property. SECTION 551.073 DELIBERATION REGARDING PROSPECTIVE GIFT The City Council may conduct a closed meeting to deliberate a negotiated contract for a prospective gift or donation to the City. SECTION 551.074 DELIBERATION REGARDING PERSONNEL MATTERS The City Council may deliberate the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of public officers, including the City Manager, City Secretary, City Attorney, Municipal Judge and city boards and commission members. A complete list of the city boards and commissions is on file in the City Secretary's Office. SECTION 551.076 DELIBERATION REGARDING SECURITY DEVICES The City Council may deliberate the deployment, or specific occasions for implementation of security personnel or devices. SECTION 551.087 DELIBERATION REGARDING ECONOMIC DEVELOPMENT NEGOTIATIONS The City Council may discuss or deliberate regarding commercial or financial information received from a business prospect that the city seeks to have locate, stay, or expand in or near the city and which the City is conducting economic development negotiations; or to deliberate the offer of a financial or other incentive to a business prospect as described above. City of Southlake CITY COUNCIL MEETING MINUTES October 21, 2003 CITY COUNCIL PRESENT: Mayor Andy Wambsganss; Mayor Pro Tem W. Ralph Evans; Councilmembers: Carolyn Morris, Keith Shankland, Greg Standerfer and Tom Stephen. CITY COUNCIL ABSENT: Deputy Mayor Pro Tem Rex Potter. STAFF PRESENT: Assistant City Manager Shana Yelverton, Assistant to the City Manager John Eaglen, Executive Secretary Kim Bush, City Manager's Office Intern Ben Thatcher, Manager of Technical Services Gary Gregg, Audio Visual Technician Pam Jordan, Director of Community Services Malcolm Jackson, Landscape Administrator Keith Martin, Director of Economic Development Greg Last, Director of Finance Sharen Elam, Director of Human Resources Kevin Hugman, Director of Planning Bruce Payne, Senior Planner Dennis Killough, Director of Public Safety Rick Black, Director of Public Works Pedram Farahnak, Deputy Director of Public Works Charlie Thomas, Assistant to the Director of Public Works Valerie Bradley, City Attorney E. Allen Taylor, City Secretary Lori Farwell, and Deputy City Secretary Tara Brooks. WORK SESSION: The work session was called to order by Mayor Wambsganss at 5:39 p.m. City Council reviewed the agenda items with city staff and applicants. Council added agenda items 7A, 10A, 10B, 10C, 10D, and 10E to table to November 4, 2003, to the consent agenda. The work session ended at 6:07 p.m. REGULAR SESSION: Agenda Item No. 1, Call to order: The regular session was called to order by Mayor Wambsganss at 6:07 p.m. Agenda Item No. 2A, Executive Session: Mayor Wambsganss 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 6:08 p.m. Executive Session began at 6:22 p.m. and ended at 6:35 p.m. Agenda Item No. 2B, Reconvene: Mayor Wambsganss reconvened the regular meeting at 6:53 p.m. The Mayor asked if there was any action necessary as a result of the executive session. No action was necessary. Agenda Item No. 4B, City Manager's Report: Assistant City Manager Shana Yelverton addressed the recent article regarding the possibility of State Highway 114 becoming a toll road. She spoke with a TxDOT representative who indicated the article was referring to a study being done by TxDOT in an effort to identify funding options for state highways. That study will then be given to the North Central Texas Council of Governments who will use it as they plan and CITY COUNCIL MEETING MINUTES, OCTOBER 21, 2003 PAGE 1 OF 7 prioritize future projects. State Highway 114 will open as planned without being a toll road. Although the future cannot be predicted, it does not appear State Highway 114 is slated to become a toll road. Agenda Item No. 3, Invocation: The invocation was given by Coy Quesenbury of Lonesome Dove Baptist Church. Mayor Wambsganss led the audience in the Pledge of Allegiance. Agenda Item No. 4A, Mayor's Report: Mayor Wambsganss announced upcoming meetings and events. The Mayor asked the Directors to join him in presenting a proclamation and a crystal globe to State Representative Vicki Truitt in appreciation of her representation of the residents and businesses of Southlake and District 98 since January of 1999. The Mayor called for a break at 7:08 p.m. and invited everybody to the foyer for cake. The Mayor reconvened the meeting at 7:25 p.m. CONSENT AGENDA: 5A. Approve minutes for the October 7, 2003, City Council meeting. Tabled to the November 4, 2003, City Council meeting. 5B. Authorize the Mayor to execute a Professional Services Agreement with Cheatham and Associates, Inc., to conduct Vulnerability Assessments (VA) and Emergency Response Plans (ERP) in accordance with the Public Health Security and Bioterrorism Preparedness and Response Act of June 12, 2002. Director of Public Safety Pedram Farahnak presented this item to Council during the work session. On June 12, 2002, President Bush signed the Public Health Security and Bioterrorism Preparedness and Response Act of 2002 (Bioterrorism Act) into law. This act requires that certain community water systems conduct Vulnerability Assessments (VA), certify to EPA that VA's were conducted, and submit a copy of VA to EPA. This act also requires that community water systems such as Southlake prepare or revise Emergency Response Plans (ERP's) and certify to EPA that an ERP has been completed. The Bioterrorism Act requires that certain community water systems (CWS) submit VA and VA certification to EPA before June 30, 2004. The ERP must be submitted to EPA within 6 months from the VA, but no later than December 31, 2004. Both VA and ERP are sizeable documents requiring a substantial amount of time by staff and an EPA - trained consultant. The cost of preparation of the two documents is estimated at $50,000 which is included in the FY2003 -04 water system annual operating budget. The Council approved this item subject to the City Attorney's approval. 5C. Authorize the Mayor to execute a Commercial Developer's Agreement for Harris Methodist Southlake, an approximate six acre tract located on the south side of East Southlake Boulevard across from Central Drive. The site plan for the Harris Methodist Hospital was approved by City Council on April 15, 2003. The site plan includes a main entrance driveway located across from the intersection of Central Drive and East Southlake Boulevard. The construction of a driveway at this location, which forms the fourth leg of a signalized intersection, will require modification of the existing traffic signal at Central Drive and East Southlake Boulevard. The construction plans for this modification are part of the construction plans for the site and the cost and construction of this modification is the responsibility of the developer. The public infrastructure on this site includes 1,950 linear feet of water line, 606 linear feet of sanitary sewer line and CITY COUNCIL MEETING MINUTES, OCTOBER 21, 2003 PAGE 2 OF7 modification to the traffic signal at Central Drive and East Southlake Boulevard by addition of signal head and the supporting mast arm to accommodate the south driveway traffic from the Harris Methodist Hospital. There is no park fee required on this property because it was platted prior to passage of the park land dedication requirements. 5D. Resolution No. 03 -074, Encouraging the Texas Legislature to include transportation funding in tax reform study. City Manager's Office Intern Ben Thatcher presented this item to Council during the work session. According to studies prepared by the North Texas Commission, the Texas Legislature has been allocating 63% of state highway user fee revenues to fund general government services wholly unrelated to transportation. In the interim, highway safety and urban mobility needs have become too large to handle with the current biennial appropriated funds. The State tax code is scheduled to be examined by the Legislature in the Spring of 2004 with an emphasis on public school finance reform. The North Texas Commission Board of Directors, along with other municipalities, is asking the Legislature to expand their focus to include transportation funding as well. 5E. Ordinance No. 858, 2 Reading, Providing regulations on the use, location, and display of primary flags in residential areas. Tabled and the public hearing continued to the November 4, 2003, City Council meeting. 7A. Ordinance No. 480 -294b, (ZA03 -072), 1st Reading, Zoning Change and Concept Plan for Harris Methodist Southlake. Senior Planner Dennis Killough presented this item to Council during the work session. The primary purpose for the revision to the approved zoning and concept plan is to address an increase in the total floor area and an increase in the impervious coverage. The floor area increase is due to expansion of the second floor of the building. The Planning and Zoning Commission recommended approval subject to review and granting the requested variance. 10A. Award of bid to The Christmas Light Company for installation of holiday lighting at Town Square, and purchase and installation of holiday lighting at Town Hall. Director of Community Services Malcolm Jackson presented this item to Council during the work session. On October 3, 2003 the City's contract with Christmas Decor by Zenith will expire. This is the final renewal period allowed per contract. In an effort to continue the holiday lighting, staff prepared appropriate specifications and advertised for bids on August 31. Only one vendor submitted a bid on this project on September 16, 2003. The Christmas Light Company of Dallas, Texas, provided a bid in the amount of $24,673, which is well within the budgeted amount of $40,000. The Christmas Light Company has completed projects for the City of Keller, The Shops at Legacy, Woodbridge Community Entrances and Golf Club. All lighting and decorations are to be installed by November 15, 2003, and removed within one week after January 1, 2004. 10B. Consider SP03 -029, Variance to Sign Ordinance No. 704 -A, for Vermilion Subdivision located at 2840 West Southlake Boulevard (FM 1709). Senior Planner Dennis Killough presented this item to Council during the work session. The developers of Vermillion Addition are asking approval of a subdivision entry sign type that is not permitted. Subdivision entry signs are restricted to monument and attached type signs. The applicant is proposing a ground -type sign. There are also variances requested for the setback from property lines, height, and area. CITY COUNCIL MEETING MINUTES, OCTOBER 21, 2003 PAGE 3 OF 7 10C. Consider SP03 -035, Variance to Sign Ordinance No. 704 -A, for Red Sage Restaurant located at 631 East Southlake Boulevard (FM 1709), Suite A. Senior Planner Dennis Killough presented this item to Council during the work session. The applicant is requesting to change the color and copy on the face of the existing sign structure on the front of the lease space. The existing sign is for Just Java and is being replaced by Red Sage. The existing sign structure exceeds the maximum area permitted for the lease space. The Sign Ordinance requires issuance of a new permit any time a sign is altered. 10D. Consider SP03 -046, Variance to Sign Ordinance No. 704 -A, for Drexel Heritage Furniture located at 1600 East Southlake Boulevard (FM 1709). Senior Planner Dennis Killough presented this item to Council during the work session. The applicant is requesting variances to the letter and logo heights and sign width. The signs are to be placed on the south and east facades of the old Room Store building. 10E. Authorize the Mayor to execute a Contract for Sale regarding the sale of approximately 2.232 acres of city -owned property at the northeast corner of FM 1709 and Pearson Lane. Tabled to the November 4, 2003, City Council meeting. Motion was made to approve Items 5A to table to the November 4, 2003, City Council meeting; 5B subject to the City Attorney's approval; 5C; 5D; 5E to table and to continue the public hearing to the November 4, 2003, City Council meeting; 7A subject to Revised Concept Plan Review Summary No. 2, dated October 3, 2003; 10A; 10B; 10C; 10D allowing for 30" letters and a 5'8" logo on the south side, waiving the 75% coverage on the south side, and allowing 24" letters and a 38 1 /2" logo on the east side; and 10E to table to the November 4, 2003, City Council meeting. Motion: Shankland Second: Morris Items 5A to table to the November 4, 2003, City Council meeting; 5B subject to the City Attorney's approval; 5C; 5D; 5E to table and to continue the public hearing to the November 4, 2003, City Council meeting; 7A subject to Revised Concept Plan Review Summary No. 2, dated October 3, 2003; 10A; 10B; 10C; and 10E to table to the November 4, 2003, City Council meeting: Ayes: Evans, Morris, Shankland, Standerfer, Stephen, Wambsganss Nays: None Approved: 6 -0 Item 10D allowing for 30" letters and a 5'8" logo on the south side, waiving the 75% coverage on the south side, and allowing 24" letters and a 38 Y2 logo on the east side: Ayes: Evans, Morris, Shankland, Stephen, Wambsganss Nays: Standerfer Approved: 5 -1 REGULAR AGENDA: Agenda Item 6. Public Forum. Doug Calvert, 110 Stonewood Court, Southlake, Texas, addressed Council regarding Item 5E which was tabled to the November 4 Council meeting. He stated that Timarron has received attention recently regarding the flying of the U.S. flag and either Timarron has done a poor job at getting their message out or the media has done a poor job in representing their position. He clarified that at no time since the homeowners took control of the CITY COUNCIL MEETING MINUTES, OCTOBER 21, 2003 PAGE 4 OF7 Timarron Homeowners Association in 2001 has any homeowner been told that they must take down the U.S. flag, they cannot display the U.S. flag, nor has any application made by a homeowner to display the U.S. flag been denied. Councilmember Shankland said this item was tabled until the next meeting in order to receive input from the Homeowner's Associations. In talking with Timarron HOA representatives, they have come up with some constructive suggestions to the ordinance which will make it a better ordinance. He looks forward to meeting with the HOA representatives tomorrow night for additional input on this ordinance. Agenda Item 7B. ZA03 -043, Revised Site Plan for Harris Methodist Southlake. Senior Planner Dennis Killough presented this item to the Council. The primary purpose for the revised site plan is due to the increase in floor area for Phase 1 construction. The Planning and Zoning Commission recommended approval subject to the review and granting the requested variance. No one spoke during the public hearing. Motion was made to approve ZA03 -043 subject to Site Plan Review Summary No. 3, dated October 3, 2003, granting the requested variances. Motion: Morris Second: Shankland Ayes: Evans, Morris, Shankland, Standerfer, Stephen, Wambsganss Nays: None Approved: 6 -0 Agenda Item 7C. ZA03 -068, Revised Site Plan for Gateway Plaza, Phase II. Senior Planner Dennis Killough presented this item to the Council. This pad site was approved on the previous site plan for this property but did not have a specific design for the building and exterior elevations. A variance to articulation is being requested on the west side of the building. The Planning and Zoning Commission recommended approval subject to the review and granting the requested variance. Applicant Terry Wilkinson, 751 East Southlake Boulevard, Southlake, answered Council's questions. Mr. Wilkinson said he will meet the landscape requirements. No one spoke during the public hearing. Motion was made to approve ZA03 -068 subject to Site Plan Review Summary No. 2, dated October 3, 2003, granting the requested variances. Motion: Standerfer Second: Evans Ayes: Evans, Morris, Shankland, Standerfer, Stephen, Wambsganss Nays: None Approved: 6 -0 Agenda Item 7D. ZA03 -069, Revised Site Plan for Gateway Plaza, Phase II. Senior Planner Dennis Killough presented this item to the Council. The Planning and Zoning Commission recommended approval subject to review as presented. Applicant Terry Wilkinson, 751 East Southlake Boulevard, Southlake, answered Council's questions. Mr. Wilkinson said he will save the trees along FM1709 with the exception of one tree that may have to be removed due to the installation of a box culvert. CITY COUNCIL MEETING MINUTES, OCTOBER 21, 2003 PAGE5OF7 No one spoke during the public hearing. Motion was made to approve ZA03 -069 subject to Site Plan Review Summary No. 2, dated October 3, 2003, with no requested variances. Motion: Standerfer Second: Evans Ayes: Evans, Morris, Shankland, Standerfer, Stephen, Wambsganss Nays: None Approved: 6 -0 Agenda Item 10F. Referral to the Tarrant County Criminal District Attorneys office for investigation and prosecution, if appropriate, violations of the Open Meetings Act relating to consideration of the 2025 Committee agenda item on the October 7, 2003, City Council agenda. Mayor Wambsganss said Council went through a difficult meeting last time, and it is with great disappointment that meetings like that take place. He would hate to see working relationships negatively impacted. He would encourage Councilmember Standerfer or anyone else that if they think there are issues there, to take it to the District Attorney. He does not think this is an item for the Council to address; he believes it should be taken directly to the District Attorney but said Council will go ahead and discuss it in a respectful manner. Councilmember Standerfer said he requested this item to be placed on the agenda because he has received several phone calls from people telling him that the statement was made that the four votes were already there to kill the 2025 Committee. In his opinion, the only way that type of a statement can be made is if somebody has communicated, directly or indirectly, about a matter on an agenda. He doesn't know whether or not it happened; he is basing his request to have this on the agenda on what he has been told. Council needs to have an independent, third party look at this. Councilmember Shankland said that for this item to be put on the agenda, knowing it could be taken directly to the District Attorney instead, by someone who isn't sure whether or not something happened - surprises him. He said he is shocked. Councilmember Morris said she has been very concerned about the long -term affect of this false charge on the ability for this Council to work together. The action of one Councilmember has a far- reaching affect. The Council has got to continue to work for the City's business. Records will indicate that Council has voted together more often than not, but we do all represent a diverse population and philosophies and there will be votes that reflect that. She thinks Council needs to move forward and not bring up charges that are based on hearsay and have no justification or merit. Motion was made to deny the action requested in Item 10F. Motion: Morris Second: Shankland Ayes: Morris, Shankland, Wambsganss Nays: Standerfer, Stephen Abstains: Evans Approved: 3 -2 -1 Motion failed. CITY COUNCIL MEETING MINUTES, OCTOBER 21, 2003 PAGE 6 OF 7 Motion was made to refer the action requested in Item 10F. Motion: Standerfer Second: Stephen Ayes: Stephen, Standerfer Nays: Morris, Shankland, Wambsganss Abstains: Evans Approved: 2 -3 -1 Motion failed. Agenda Item 12. Meeting adjourned. With there being no further business to discuss, Mayor Wambsganss adjourned the meeting at 8:14 p.m. Andy Wambsganss Mayor ATTEST: 4. • Lori A. Farwell : v : • City Secretary ' CITY COUNCIL MEETING MINUTES, OCTOBER 21, 2003 PAGE 7 OF 7