2003-11-18 Regular CC Meeting CITY OF SOUTHLAKE
REGULAR CITY COUNCIL MEETING: NOVEMBER 18, 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 551.071 Consultation with attorney
a. Marpave, Inc., vs. City of Southlake.
b. Steve L. Perry and Aline Perry vs. City of Southlake.
c. Seek advice of the city attorney regarding changes to
Comprehensive Zoning Ordinance No. 480.
2. Section 551.072 Deliberation regarding real property
a. Discuss acquisition of land for the widening of South Kimball
Avenue.
b. Discuss possible purchase of property for park purposes.
3. 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: Scott Berry, First Baptist Church
4. REPORTS:
A. Mayor's Report
B. City Manager's Report
City of Southlake
City Council Meeting Agenda
November 18, 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 November 4, 2003, City
Council meetings.
B. Authorize the Mayor to enter into an Interlocal Agreement between the City of
Fort Worth and the City of Southlake for participation in Fort Worth's
Environmental Collection Center and Household Waste Program.
C. ZA03 -074, Plat Revision for Clariden Ranch, Phase 1A, on property located on
the northwest corner of the intersection of South Fork Road and Silver Spur Drive
on the south side of West Bob Jones Road. Current Zoning: SF -1A Single Family
Residential District. SPIN Neighborhood #1.
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 -426, (ZA03 -064), 2nd 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. PUBLIC HEARING
C. Ordinance No. 480 -WW, 2nd Reading, an amendment to the Comprehensive
Zoning Ordinance No. 480, as amended, relating to discontinuance of
nonconforming uses. PUBLIC HEARING
D. Resolution No. 03 -074, Specific Use Permit for the sale of alcoholic beverages at
Camille's Sidewalk Cafe located at 2600 East Southlake Boulevard, Suite 100.
Current Zoning: S -P -2 General Site Plan District. SPIN Neighborhood #7.
PUBLIC HEARING
E. Approval of the proposed SPDC Capital Improvement Plan and fiscal year 2003-
04 Budget. PUBLIC HEARING
City of Southlake
City Council Meeting Agenda
November 18, 2003
Page 3 of 4
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. Consider SP03 -068, Variance to Sign Ordinance No. 704 -A, for Fitness in Motion
located at 2707 East Southlake Boulevard (FM 1709), Suite 110.
B. Award of bid to J.C. Commercial, Incorporated, for Bob Jones Park
improvements.
C. Award of bid to Anderson Water Well Service for Bob Jones Park well and pump.
11. Other items for discussion:
A. Discuss changes to the Comprehensive Zoning Ordinance No. 480, as amended,
as it pertains to requiring a concept or site plan approval with all zoning changes
and requiring Planning and Zoning Commission and City Council approval for all
concept and site plans on property already zoned.
B. Discuss changes to the Comprehensive Zoning Ordinance No. 480, as amended,
as it pertains to screening requirements and the appropriate use of stockade -type
fencing.
C. Discuss the City's position on CISD's use of portable classrooms.
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, November 14, 2003, by 6:00 p.m., pursuant to
the Texas Government Code, Chapter 551.
� 0�1 TH� k c c%
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Lori A. Farwell = " •
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City Secretary
' .••• • os
If you plan to attend this public meeting and h t ility 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 18, 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.
5. Marpave, Inc., vs. City of Southlake. November 2003.
6. Steve L. Perry and Aline Perry vs. City of Southlake. November 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 SOUTIILAKE
REGULAR CITY COUNCIL MEETING MINUTES: NOVEMBER 18, 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, Executive Secretary Kim Bush, Manager of
Technical Services Gary Gregg, Audio Visual Technician Pam Jordan, Director of Community
Services Malcolm Jackson, Deputy Director of Community Services Steve Polasek, Recreation
Supervisor Steve Moore, Senior Parks Planner Chris Carpenter, Director of Economic
Development Greg Last, Senior Planner Dennis Killough, Senior Planner Ken Baker, Chief of
Fire Robert Finn, Deputy Director of Public Works Charlie Thomas, Assistant to the Public
Works Director 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 5:33 p.m.
City Council reviewed the agenda items with city staff and applicants. No agenda items were
moved to the consent agenda. The work session ended at 6:08 p.m.
REGULAR SESSION:
Agenda Item No. 1, Call to order: The regular session was called to order by Mayor
Wambsganss at 6:08 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 6:17 p.m. and ended at 7:18 p.m.
Agenda Item No. 2B, Reconvene: Mayor Wambsganss reconvened the regular meeting at 7:26
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.
Agenda Item No. 4A, Mayor's Report: Mayor Wambsganss announced upcoming meetings and
events.
CITY COUNCIL MEETING MINUTES, NOVEMBER 18, 2003
PAGE 1 OF 6
Agenda Item No. 4B, City Manager's Report: City Manager Campbell thanked local vendors,
city staff, and the Southlake community for their work and donations for this year's United Way
campaign which raised over $10,000.
CONSENT AGENDA: The consent agenda items are considered to be routine by the City
Council and were enacted with one motion.
Agenda Item 5A. Approve minutes for the October 7, 2003, and the November 4, 2003, City
Council meetings.
Agenda Item 5B. Authorize the Mayor to enter into an Interlocal Agreement between the City of
Fort Worth and the City of Southlake for participation in Fort Worth's Environmental Collection
Center and Household Waste Program.
Agenda Item 5C. ZA03 -074, Plat Revision for Clariden Ranch, Phase 1A, on property located on
the northwest corner of the intersection of South Fork Road and Silver Spur Drive on the south
side of West Bob Jones Road. Current Zoning: SF -1A Single Family Residential District. SPIN
Neighborhood #1.
Motion was made to approve Items 5A as presented, 5B, and 5C subject to Revised Plat Review
Summary No. 2, dated October 31, 2003.
Motion: Standerfer
Second: Shankland
Ayes: Evans, Morris, Potter, Shankland, Standerfer, Stephen, Wambsganss
Nays: None
Approved: 7 -0
REGULAR AGENDA:
Agenda Item 6. Public Forum.
Les Stephens, 1401 Montgomery Lane, Southlake, Texas, spoke regarding the dissention in the
community regarding restructuring of the school district boundaries.
Debra Edmondson, 1306 Plantation Drive, Southlake, Texas, spoke regarding the potential
redistricting of the schools and possible elimination of block scheduling.
Agenda Item 7A. Ordinance No. 858, 2nd Reading, Providing regulations on the use, location,
and display of primary flags in residential areas. Councilmember Keith Shankland presented this
item to the Council. Council discussed the ordinance.
Public Hearing opened.
Karla Cogburn, 110 Creekway Bend, Southlake, Texas, asked Council for consideration of
companies such as hers, Old Glory Flag Service, by allowing them to place temporary flags into
sleeves located in the ground next to curbs in residential areas.
Public Hearing closed.
CITY COUNCIL MEETING MINUTES, NOVEMBER 18, 2003
PAGE 2 OF 6
Councilmember Shankland read the proposed amendments into the record.
In accordance with Section 4.21 of the City Charter, the caption for this item is listed as follows:
AN ORDINANCE PROVIDING REGULATIONS ON THE USE, LOCATION AND
DISPLAY OF PRIMARY FLAGS; PROVIDING A PENALTY OF FINE NOT TO EXCEED
THE SUM OF $500 FOR EACH OFFENSE; PROVIDING A SEVERABILITY CLAUSE;
PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION IN THE OFFICIAL
NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE.
Motion was made to approve Ordinance No. 858, 2nd Reading.
Motion: Shankland
Second: Standerfer
Ayes: Evans, Morris, Potter, Shankland, Standerfer, Stephen, Wambsganss
Nays: None
Approved: 7 -0
Agenda Item 7B. Ordinance No. 480 -426, (ZA03 -064), 2nd 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. Council discussed the request.
Applicant Skip Blake, Blake Architects, 1202 S. White Chapel Boulevard, Southlake, Texas,
answered Council's questions.
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 A,
BLOCK C, BRIARWOOD ESTATES, PHASE 1, BEING APPROXIMATELY 1.052 ACRES,
AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "C -2"
LOCAL RETAIL COMMERCIAL DISTRICT TO "S -P -1" DETAILED SITE PLAN
DISTRICT WITH "C -2" LOCAL RETAIL COMMERCIAL DISTRICT USES, AS DEPICTED
ON THE APPROVED SITE 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.
CITY COUNCIL MEETING MINUTES, NOVEMBER 18, 2003
PAGE3
Motion was made to approve Ordinance No. 480 -426, 2 Reading, subject to Site Plan Review
Summary No. 4, dated November 12, 2003, and subject to P &Z's approval; granting requested
variances; prohibiting Christmas tree sales, tires, batteries, and other auto accessory sales; and
requiring the screening to be of a plant -type that reaches at least 8 feet within one year.
Motion: Standerfer
Second: Evans
Ayes: Evans, Morris, Shankland, Standerfer, Stephen, Wambsganss
Nays: Potter
Approved: 6 -1
Agenda Item 7C. Ordinance No. 480 -WW, 2nd Reading, an amendment to the Comprehensive
Zoning Ordinance No. 480, as amended, relating to discontinuance of nonconforming uses.
Senior Planner Dennis Killough presented this item to the Council. Council discussed this
request.
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;
REVISING SECTION 6.9 "DISCONTINUANCE OR ABANDONMENT" AS IT RELATES
TO THE STATUS OF NONCONFORMING USES; REVISING OTHER PERTINENT
SECTIONS FOR CONSISTENCY; 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 PAMPHLET FORM; PROVIDING FOR
PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE
DATE.
Motion was made to approve Ordinance No. 480 -WW, 2 Reading.
Motion: Standerfer
Second: Evans
Ayes: Evans, Morris, Potter, Shankland, Standerfer, Stephen, Wambsganss
Nays: None
Approved: 7 -0
Agenda Item 7D. Resolution No. 03 -074, Specific Use Permit for the sale of alcoholic beverages
at Camille's Sidewalk Cafe located at 2600 East Southlake Boulevard, Suite 100. Current
Zoning: S -P -2 General Site Plan District. SPIN Neighborhood #7. Senior Planner Dennis
Killough presented this item to the Council. Council discussed this request.
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:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS,
GRANTING A SPECIFIC USE PERMIT FOR THE SALE OF ALCOHOLIC BEVERAGES
CITY COUNCIL MEETING MINUTES, NOVEMBER 18, 2003
PAGE 4 OF6
FOR ON- PREMISE CONSUMPTION ON PROPERTY WITHIN THE CITY OF
SOUTHLAKE, TEXAS, BEING LEGALLY DESCRIBED AS A PORTION OF LOT 1,
BLOCK 1, GATEWAY PLAZA PHASE 2, MORE FULLY AND COMPLETELY
DESCRIBED IN EXHIBIT "A ", AND AS DEPICTED ON THE APPROVED
DEVELOPMENT PLAN ATTACHED HERETO AND INCORPORATED HEREIN AS
EXHIBIT "B" AND PROVIDING AN EFFECTIVE DATE.
Motion was made to approve Resolution No. 03 -074, Specific Use Permit for the sale of
alcoholic beverages at Camille's Sidewalk Cafe located at 2600 East Southlake Boulevard, Suite
100, limited to the lesser of five years or until termination of the lease.
Motion: Standerfer
Second: Shankland
Ayes: Evans, Morris, Potter, Shankland, Standerfer, Stephen, Wambsganss
Nays: None
Approved: 7 -0
Agenda Item 7E. Approval of the proposed SPDC Capital Improvement Plan and fiscal year
2003 -04 Budget. Director of Community Services Malcolm Jackson presented this item to the
Council. Council discussed this request.
No one spoke during the public hearing.
Motion was made to approve the SPDC Capital Improvement Plan and fiscal year 2003 -04
budget subject to any changes in the FY2005 -06 budget resulting from the credit of $150,000
from Cooper & Stebbins for Town Square parking.
Motion: Stephen
Second: Evans
Ayes: Evans, Morris, Shankland, Standerfer, Stephen, Wambsganss
Nays: Potter
Approved: 6 -1
Agenda Item 10A. Consider SP -03 -068, Variance to Sign Ordinance No. 704 -A, for Fitness in
Motion located at 2707 East Southlake Boulevard (FM 1709), Suite 110. Senior Planner Dennis
Killough presented this item to the Council. The applicant for this item was not present.
Motion was made to deny SP -03 -068, Variance to Sign Ordinance No. 704 -A, for Fitness in
Motion located at 2707 East Southlake Boulevard, Suite 110.
Motion: Standerfer
Second: Shankland
Ayes: Evans, Morris, Potter, Shankland, Standerfer, Stephen, Wambsganss
Nays: None
Approved: 7 -0 (to deny)
Agenda Item 10B. Award of bid to J.C. Commercial, Incorporated, for Bob Jones Park
Improvements. Director of Community Services Malcolm Jackson presented this item to the
Council. Council discussed this item during the work session.
Motion was made to approve the award of bid to J.C. Commercial, Incorporated, for Bob Jones
Park Improvements.
CITY COUNCIL MEETING MINUTES, NOVEMBER 18, 2003
PAGE5OF6
Motion: Standerfer
Second: Stephen
Ayes: Evans, Morris, Potter, Shankland, Standerfer, Stephen, Wambsganss
Nays: None
Approved: 7 -0
Agenda Item 10C. Award of bid to Anderson Water Well Service for Bob Jones Park well and
pump. Director of Community Services Malcolm Jackson presented this item to the Council.
Council discussed this item during the work session.
Motion was made to approve the award of bid to Anderson Water Well Service for Bob Jones
Park well and pump.
Motion: Standerfer
Second: Stephen
Ayes: Evans, Morris, Potter, Shankland, Standerfer, Stephen, Wambsganss
Nays: None
Approved: 7 -0
Agenda Item 11A. Discuss changes to the Comprehensive Zoning Ordinance No. 480, as
amended, as it pertains to requiring a concept or site plan approval with all zoning changes and
requiring Planning and Zoning Commission and City Council approval for all concept and site
plans on property already zoned. Council did not discuss this item.
Agenda Item 11B. Discuss changes to the Comprehensive Zoning Ordinance No. 480, as
amended, as it pertains to screening requirements and the appropriate use of stockade -type
fencing. Council discussed this item during the work session. No action was taken. Council
agreed to have staff take this item to the Planning and Zoning Commission for further evaluation.
Agenda Item 11C. Discuss the City's position on CISD's use of portable classrooms. Council
discussed this item during the work session. No action was taken.
Agenda Item 12. Meeting adjourned. With there being no further business to discuss, Mayor
Wambsganss adjourned the meeting at 8:16 p.m.
*An audio recording of this meeting will be permanently retained in the City Secretary's
Office.
Now
Andy Wambsganss
Mayor
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Lori A. Farwell
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City Secretary •'
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CITY COUNCIL MEETING MINUTES, NOVEMBER 18, 2003
PAGE 6 OF 6