2003-11-04 Regular CC Meeting CITY OF SOUTHLAKE OFFICIAL RECORD
REGULAR CITY COUNCIL MEETING: NOVEMBER 4, 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 subject matter
of this City Council meeting.
1. Section 551.087 Deliberation regarding Economic Development
negotiations:
a. Discuss the value of city -owned property at the northeast corner of
FM 1709 and Pearson Lane.
b. Economic incentives for businesses.
B. Reconvene: Action necessary on items discussed in Executive Session.
3. INVOCATION: Scott Berry, First Baptist Church
4. REPORTS:
A. Mayor's Report
1. Presentation to Veterans and Military Personnel of the City of Southlake -
our residents and City employees
2. Proclamation and Appreciation Plaques to Wendi Carlucci and Liz
Durham for Liberty Garden
B. City Manager's Report
1. Award of $30,000 matching grant for Department of Public Safety from
the M.R. and Evelyn Hudson Foundation
C. Park and Recreation Board Report
D. SPIN Report
E. Local Business Report
City of Southlake
City Council Meeting Agenda
November 4, 2003
Page 2 of 4
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.
5. Consent:
A. Approve minutes for the October 7, 2003, and the October 21, 2003, City Council
meetings.
B. Authorize the Mayor to execute a residential developer's agreement for Oak
Pointe, a 27 -acre, 26 -lot subdivision on the west side of Ridgecrest Drive, north of
Dove Street.
C. ZA03 -070, Preliminary Plat for Mustang Business Park on property located on the
northeast corner of Brumlow Avenue and State Hwy. 26. Current Zoning: I -1
Light Industrial District and I -2 Heavy Industrial District. SPIN Neighborhood #7.
REGULAR AGENDA
6. Public Forum.
7. Ordinances, second readings, public hearings, and related items:
A. Ordinance No. 858, 2nd Reading, Providing regulations on the use, location, and
display of primary flags in residential areas. PUBLIC HEARING
B. Ordinance No. 480 -294b, (ZA03 -072), 2nd 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 with 0-1 uses. Requested Zoning: S -P -2
General Site Plan District with 0-1 uses. SPIN Neighborhood #8. PUBLIC
HEARING
8. Ordinances, first readings, and related items:
A. Ordinance No. 480 -426, (ZA03 -064), Pt Reading, Zoning Change and Site Plan
for Dr. Marciano Office Complex on property located at 2000 East State Highway
114. Current Zoning: C -2 Local Retail Commercial District. Requested Zoning:
S -P -1 Detailed Site Plan District. SPIN Neighborhood #6. (If approved on first
reading, the public hearing will be November 18, 2003.)
B. Ordinance No. 480 -WW, 1 Reading, an amendment to the Comprehensive
Zoning Ordinance No. 480, as amended, relating to discontinuance of
City of Southlake
City Council Meeting Agenda
November 4, 2003
Page 3 of 4
nonconforming uses. (If approved on first reading, the public hearing will be
November 18, 2003.)
9. Resolutions: (There are no items on this agenda.)
10. Other items for consideration:
A. Approval of redisposition of funds collected from fountains in Town Square.
B. Approval of a contract with Aetna for employee medical benefits.
C. Consider SP03 -064, Variance to Sign Ordinance No. 704 -A, for Smoothie
Factory located at 711 East Southlake Boulevard (FM 1709), Suite 100.
D. Consider SP03 -068, Variance to Sign Ordinance No. 704 -A, for Fitness in Motion
located at 2707 East Southlake Boulevard (FM 1709), Suite 110.
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. THIS ITEM WAS WITHDRAWN BY THE
APPLICANT.
11. Other items for discussion: (There are no items on this agenda.)
12. Meeting adjourned.
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 31, 2003, by 6:00 p.m., pursuant to the
Texas Government Code, Chapter 551.
Qit/t O • •
Lori A. Farwell °.
City Secretary
* *
If you plan to attend this public meeting and hav�� �'lrtliVebility 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
November 4, 2003
Page 4 of 4
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 OFFICIAL RECORD
REGULAR CITY COUNCIL MEETING MINUTES: NOVEMBER 4, 2003
LOCATION: 1400 Main Street, Southlake, Texas
Council Chambers in Town Hall
CITY COUNCIL PRESENT: Mayor Andy Wambsganss; Mayor Pro Tem W. Ralph Evans;
Deputy Mayor Pro Tem Rex Potter; Councilmembers: Carolyn Morris, Keith Shankland, Greg
Standerfer 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, Executive Secretary Kim Bush, Library Administer
Kerry McGeath, Manager of Technical Services Gary Gregg, Audio Visual Technician Pam
Jordan, Director of Community Services Malcolm Jackson, Deputy Director of Community
Services Steve Polasek, Senior Parks Planner Chris Carpenter, Economic Development
Specialist Betsy Boyett, 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, Chief of Fire Robert Finn, Chief of Police Marlin Price, Director of Public
Works Pedram Farahnak, Deputy Director of Public Works Charlie Thomas, City Attorney Tim
Sralla, and City Secretary Lori Farwell.
WORK SESSION: The work session was called to order by Mayor Wambsganss at 5:36 p.m.
City Council reviewed the agenda items with city staff and applicants. Council added agenda
items 8B, 10A, 10B, and 10D to table to November 18, 2003, to the consent agenda. The work
session ended at 6:11 p.m.
REGULAR SESSION:
Agenda Item No. 1, Call to order: The regular session was called to order by Mayor
Wambsganss at 6:11 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 6:12 p.m. Executive Session began at 6:30 p.m. and ended at 6:33 p.m.
Agenda Item No. 2B, Reconvene: Mayor Wambsganss reconvened the regular meeting at 7:00
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. 3, Invocation: The invocation was given by Scott Berry, First Baptist Church.
Mayor Wambsganss led the audience in the Pledge of Allegiance.
CITY COUNCIL MEETING MINUTES, NOVEMBER 4, 2003
PAGE 1 OF 5
Agenda Item No. 4A, Mayor's Report: Mayor Wambsganss announced upcoming meetings and
events. The Mayor presented a plaque to Colonel Bill Brandt in honor of Veteran's Day. The
Mayor presented proclamations to Liz Durham and Wendi Carlucci for their work on the Liberty
Garden. Park Board Chairman Bobby Rawls and Community Services Director Malcolm
Jackson also presented Ms. Durham and Ms. Carlucci framed photos of the garden and free
training from Fort Worth Bobcat so they can learn how to drive bobcats.
Agenda Item No. 4B, City Manager's Report: Director of Public Safety Rick Black and Chief of
Fire Robert Finn introduced John Hosier of the M.R. and Evelyn Hudson Foundation who
awarded to the City of Southlake $30,000 in matching funds to purchase a new chassis for an
ambulance.
Agenda Item No. 4C, Park and Recreation Board Report: This report was incorporated in the
Liberty Garden presentation.
Agenda Item No. 4D, SPIN Report: A written report was included in Council's packet.
Agenda Item No. 4E, Local Business Report: Michael Chidiac introduced his business,
Josephine's Restaurant, to Council.
CONSENT AGENDA:
5A. Approve minutes for the October 7, 2003, and the October 21, 2003, City Council
meetings. The October 7, 2003, minutes were tabled to the November 18, 2003, City
Council meeting. The October 21, 2003, minutes were approved as presented.
A new, shorter format for minutes was discussed by the Mayor and Council. It was
agreed that future minutes will not include individual discussions on any subject but will
reflect the speakers' names, the motions, and a record of votes. The meeting audio tapes
will be retained permanently, and the video tapes will be maintained for a two year
period. Regarding the October 7 meeting minutes, Council agreed that Item #10E (Define
the scope of the 2025 Plan Steering Committee) will be done in the shorter format, and
they agreed to table those minutes until the November 18 meeting.
5B. Authorize the Mayor to execute a residential developer's agreement for Oak Pointe, a 27-
acre, 26 -lot, subdivision on the west side of Ridgecrest Drive, north of Dove Street.
5C. ZA03 -070, Preliminary Plat for Mustang Business Park, on property located on the
northeast corner of Brumlow Avenue and State Highway 26. Current Zoning: I -1 Light
Industrial District and I -2 Heavy Industrial District.
8B. Ordinance No. 480 -WW, 1 Reading, an amendment to the Comprehensive Zoning
Ordinance No. 480, as amended, relating to discontinuance of nonconforming uses.
10A. Approval of redisposition of funds collected from fountains in Town Square.
10B. Approval of a contract with Aetna for employee medical benefits.
CITY COUNCIL MEETING MINUTES, NOVEMBER 4, 2003
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10D. Consider SP03 -068, Variance to Sign Ordinance No. 704 -A, for Fitness in Motion
located at 2707 East Southlake Boulevard (FM 1709), Suite 110. Tabled to the November
18, 2003, Council meeting.
Motion was made to approve Items 5A to table the minutes for the October 7, 2003, meeting to
November 18, 2003, and approve the minutes for the October 21, 2003, meeting; 5B; 5C
requiring the developer to make his best efforts to retain the existing landscaping and subject to
Preliminary Plat Review Summary No. 3, dated October 29, 2003; 8B; 10A; 10B; and table Item
10D to the November 18, 2003, meeting.
Motion: Standerfer
Second: Shankland
Items 5B; 5C requiring the developer to make his best efforts to retain the existing landscaping;
8B; 10A; 10B; and table Item 10D to the November 18, 2003, meeting:
Ayes: Evans, Morris, Potter, Shankland, Standerfer, Stephen, Wambsganss
Nays: None
Approved: 7 -0
Item 5A - table the minutes for the October 7, 2003, meeting to November 18, 2003, and approve
the minutes for the October 21, 2003 meeting:
Ayes: Evans, Morris, Shankland, Standerfer, Stephen, Wambsganss
Nays: None
Abstains: Potter
Approved: 6 -0 -1
REGULAR AGENDA:
Agenda Item 6. Public Forum. No one spoke.
Agenda Item 7A. Ordinance No. 858, 2 Reading, Providing regulations on the use, location,
and display of primary flags in residential areas. Council member Keith Shankland presented this
item to the Council. Council discussed the ordinance and decided to table it to their next meeting.
No one spoke during the public hearing.
Motion was made to table this item to the November 18, 2003, City Council meeting.
Motion: Shankland
Second: Standerfer
Ayes: Evans, Morris, Potter, Shankland, Standerfer, Stephen, Wambsganss
Nays: None
Approved: 7 -0
Agenda Item 7B. Ordinance No. 480 -294b, (ZA03 -072) 2 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 with 0-1 uses. Requested Zoning: S -P -2 General Site Plan District
with 0-1 uses. SPIN Neighborhood #8. Senior Planner Dennis Killough presented this item to
the Council. Council discussed the request.
CITY COUNCIL MEETING MINUTES, NOVEMBER 4, 2003
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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 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 LOT 1,
BLOCK 1, GORBUTT ADDITION, AN ADDITION TO THE CITY OF SOUTHLAKE,
TARRANT COUNTY, TEXAS, ACCORDING TO THE PLAT RECORDED IN VOLUME
388 -156, PAGE 12, PLAT RECORDS, TARRANT COUNTY, TEXAS, AND BEING
APPROXIMATELY 12.47 ACRES, AND MORE FULLY AND COMPLETELY DESCRIBED
IN EXHIBIT "A" FROM "S -P -2" GENERALIZED SITE PLAN DISTRICT WITH "0-1"
OFFICE DISTRICT USES AND THE "C -2" LOCAL RETAIL COMMERCIAL DISTRICT
USE OF AMBULATORY SURGERY, IMAGING CENTER, AND ASSOCIATED SERVICES
AND "0-1" OFFICE DISTRICT TO "S -P -2" GENERALIZED SITE PLAN DISTRICT WITH
"0-1" OFFICE DISTRICT USES AND THE "C -3" LOCAL RETAIL COMMERCIAL
DISTRICT USES OF AMBULATORY SURGERY, IMAGING CENTER, SHORT STAY
BEDS, AND ASSOCIATED SERVICES TO INCLUDE MEDICAL RELATED RETAIL,
SUCH AS PHARMACY AND DURABLE MEDICAL GOODS, 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.
Motion was made to approve Ordinance No. 480 -294b (ZA03 -072), 2" Reading, subject to
Revised Concept Plan Review Summary No. 2, dated October 3, 2003, and to grant the requested
variances.
Motion: Standerfer
Second: Evans
Ayes: Evans, Morris, Shankland, Standerfer, Stephen, Wambsganss
Nays: Potter
Approved: 6 -1
Agenda Item 8A. Ordinance No. 480 -426, (ZA03 -064) 1 Reading, Zoning Change and Site Plan
for Dr. Marciano Office Complex on property located at 2000 East State Highway 114. Current
Zoning: C -2 Local Retail Commercial District. Requested Zoning: S -P -1 Detailed Site Plan
District. SPIN Neighborhood #6. Senior Planner Dennis Killough presented this item to the
Council. Architect Skip Blake of Blake Architects, 1202 S. White Chapel Boulevard, Southlake,
answered Council's questions.
Motion was made to approve Ordinance No. 480 -426 (ZA03 -064), 1 Reading, subject to Site
Plan Review Summary No. 4, dated October 17, 2003, and to grant requested variances and to
CITY COUNCIL MEETING MINUTES, NOVEMBER 4, 2003
PAGE 4 OF 5
prohibit Christmas tree sales, tires, batteries, and other auto accessory sales, and to add an 8 foot
screening device along the north property line as required by the Comprehensive
Zoning Ordinance No. 480, as amended.
Motion: Standerfer
Second: Evans
Ayes: Evans, Morris, Potter, Shankland, Standerfer, Stephen, Wambsganss
Nays: None
Approved: 7 -0
Agenda Item 10C. Consider SP03 -064, Variance to Sign Ordinance No. 704 -A, for Smoothie
Factory located at 711 East Southlake Boulevard (FM 1709), Suite 100. Senior Planner Dennis
Killough presented this item to the Council. Council discussed this request.
Motion was made to approve SP03 -064, Variance to Sign Ordinance No. 704 -A, for Smoothie
Factory located at 711 East Southlake Boulevard (FM 1709), Suite 100.
Motion: Standerfer
Second: Potter
Ayes: Evans, Morris, Potter, Shankland, Standerfer, Stephen, Wambsganss
Nays: None
Approved: 7 -0
Agenda Item 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. This item was withdrawn by the applicant.
Agenda Item 12. Meeting adjourned. With there being no further business to discuss, Mayor
Wambsganss adjourned the meeting at 8:09 p.m.
*An audio recording of this meeting will be permanently retained in the City Secretary's
Office.
Andy Wambsganss
Mayor
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Lori A. Farwell v •
City Secretary ,
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CITY COUNCIL MEETING MINUTES, NOVEMBER 4, 2003
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