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2003-12-02 Regular CC Meeting CITY OF SOUTHLAKE REGULAR CITY COUNCIL MEETING: DECEMBER 2, 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 551.071 Consultation with attorney a. Seek the advice of the attorney regarding Westlake proposal for wastewater billing changes for service to GlenWyck subdivision. 2. Section 551.072 Deliberation regarding real property a. 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: David Whitington, Christ Our King Church 4. REPORTS: A. Mayor's Report B. City Manager's Report 1. Formal recognition by the U.S. Department of Commerce NOAA Storm Ready Advisory Board. C. Library Board Report D. SPIN Report E. Park and Recreation Board Report City of Southlake City Council Meeting Agenda December 2, 2003 Page 2 of 5 F. Local Business 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. 5. Consent: A. Approve minutes for the November 18, 2003 regular City Council meeting. B. Authorize the Mayor to execute a residential developer's agreement for Stratfort Parc, a 14.63 acre, 23 -lot subdivision, located on the west side of South White Chapel Boulevard, approximately 600 feet south of West Southlake Boulevard. C. Award contract to Allison - Broyles Contractor of Fort Worth for construction of drainage improvements on North Pearson Lane in the amount of $55,067.00. REGULAR AGENDA 6. Public Forum. 7. Ordinances, second readings, public hearings, and related items: (There are no items on this agenda.) 8. Ordinances, first readings, and related items: A. Ordinance No. 578 -A, 1 Reading, Amending City Code Chapter 20, Vehicles for Hire, relating to the Regulation of Wrecker Services, regulating and establishing requirements for non - consent tows and allowing the contracting with one or more wrecker companies for police pulls. (If approved on first reading, the public hearing will be held on December 16, 2003.) B. Ordinance No. 859, 1 Reading, Amending Article III, "Property Taxes ", of Chapter 17, "Taxation" of The City Code, as amended, by adding a new section 17 -63 relating to Ad Valorem Tax Freeze for Residential Homestead Property owners who are disabled or 65 years of age or older. (If approved on first reading, the public hearing will be held on December 16, 2003.) C. Ordinance No. 480 -427, 1 Reading, (ZA03 -075) Zoning Change on property located at 500 South White Chapel Boulevard. Current Zoning: AG Agricultural District. Requested Zoning: SF -1A Single Family Residential District. SPIN Neighborhood #14. (If approved on first reading, the public hearing will be held on December 16, 2003.) City of Southlake City Council Meeting Agenda December 2, 2003 Page 3 of 5 D. ZA03 -039, Plat Revision for Continental Plaza Addition on property located south of the intersection of South Kimball Avenue and East Continental Boulevard. Current Zoning: I -1 Light Industrial District. SPIN Neighborhood #7. 9. Resolutions: A. Resolution No. 03 -075, Authorize the City Attorney to acquire land located at 311 South Kimball Avenue (George W. Main Survey, A -1098, Tract 2A), 695 South Kimball Avenue (Lot 8, Meadow Oaks Subdivision), and 605 South Kimball Avenue (Lot 7, Meadow Oaks Subdivision), all located in Southlake, Texas by the right of eminent domain for the purpose of reconstruction of South Kimball Avenue. B. Resolution No. 03 -076, Approve a 180 -day moratorium on development- related permits and applications on certain properties having an Industrial Land Use designation according to the City's approved Land Use Plan and do not lie within the Corridor Overlay Zone or an area subject to Residential Adjacency Standards. 10. Other items for consideration: A. Accepting the donation of services to the Southlake Public Library to create a mural in the storytime area from Bruce and Elizabeth Bonham. B. Accepting a memorial donation of art in honor of Grace O'Brien from Barbara Tipton. C. Accepting the donation of commemorative art from previous Art In The Square Event from Debbie Baynard. D. Consider SP03 -082, Variance to Sign Ordinance No. 704 -A, for Camille's Sidewalk Cafe located at 2600 East Southlake Boulevard, Ste. 100. E. Consider SP03 -084, Variance to Sign Ordinance No. 704 -A, for Cornerstone Plaza located at 2557 East Southlake Boulevard. F. Consider proceeding with condemnation procedures for the acquisition of land (floodway) in the Triple C Ranch subdivision (Phase -I) along the west side of Dove Creek for possible drainage improvements /maintenance and future trail. 11. Other items for discussion: (There are no items on this agenda.) 12. Meeting adjourned. City of Southlake City Council Meeting Agenda December 2, 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 Wednesday, November 26, 2003, by 6:00 p.m., pursuant to the Texas Government Code, Chapter 551. / &Pe12‘91 ..... ,,,,, a e ,,,u I u u,,,, Lori A. Farwell = 0 ® . City Secretary • , ° If you plan to attend this public meeting aniP�ijave 11 ty that requires special needs, please advise the City Secretary's Office 48 hours in advance dt'91'7 '-1490 and reasonable accommodations will be made to assist you. City of Southlake City Council Meeting Agenda December 2, 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. 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 SOUTHLAKE OFFICIAL RECORD REGULAR CITY COUNCIL MEETING MINUTES: DECEMBER 2, 2003 LOCATION: 1400 Main Street, Southlake, Texas Council Chambers in Town Hall CITY COUNCIL PRESENT: Mayor Pro Tem W. Ralph Evans; Deputy Mayor Pro Tem Rex Potter; Councilmembers: Carolyn Morris, Keith Shankland, and Greg Standerfer. CITY COUNCIL ABSENT: Mayor Andy Wambsganss and Councilmember Tom Stephen. STAFF PRESENT: City Manager Billy Campbell, Assistant City Manager Shana Yelverton, Executive Secretary Kim Bush, Assistant to the City Manager John Eaglen, Administrative Intern Ben Thatcher, Manager of Technical Services Gary Gregg, Audio Visual Technician Pam Jordan, Director of Community Services Malcolm Jackson, Deputy Director of Community Services Steve Polasek, Director of Planning Bruce Payne, Director of Economic Development Greg Last, Director of Human Resources Kevin Hugman, Senior Planner Dennis Killough, Fire Chief Robert Finn, Library Administrator Kerry McGeath, Director of Public Safety Rick Black, Police Chief Marlin Price, Deputy Director of Public Works Charlie Thomas, Assistant to the Public Works Director Valerie Bradley, Deputy City Secretary Tara Brooks, City Attorney Tim Sralla, and City Secretary Lori Farwell. WORK SESSION: The work session was called to order by Mayor Pro Tem Evans at 5:33 p.m. City Council reviewed the agenda items with city staff and applicants. Agenda item 5B was removed from the consent agenda and was heard on the regular agenda. Agenda items 8A, 8B, 8C, 8D, 9A, 10A, 10B, 10C, and 10D were added to the consent agenda. The work session ended at 5:56 p.m. REGULAR SESSION: Agenda Item No. 1, Call to order: The regular session was called to order by Mayor Pro Tem Evans at 5:56 p.m. Agenda Item No. 2A, Executive Session: Mayor Pro Tem Evans 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 5:56 p.m. Executive Session began at 6:05 p.m. and ended at 6:25 p.m. Agenda Item No. 2B, Reconvene: Mayor Pro Tem Evans reconvened the regular meeting at 6:35 p.m. The Mayor Pro Tem 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 David Whitington, Christ Our King Church. Mayor Pro Tem Evans led the audience in the Pledge of Allegiance. CITY COUNCIL MEETING MINUTES, DECEMBER 2, 2003 PAGE l OF5 Agenda Item No. 4A, Mayor's Report: Mayor Pro Tem Evans announced upcoming meetings and events. Deputy Mayor Pro Tem Potter gave an update on a Mayor's Council meeting he attended in November regarding the formation of a Tarrant County Transportation Coalition. Agenda Item No. 4B, City Manager's Report: City Manager Campbell introduced Director of Public Safety Rick Black who accepted an award from the NOAA Storm Ready Advisory Board. Gary Woodall with NOAA formally recognized the City of Southlake as the eighth city in North Texas to be certified as Storm Ready. Agenda Item No. 4C, Library Board Report: A written report was included in Council's packet. Agenda Item No. 4D, SPIN Report: A written report was included in Council's packet. Agenda Item No. 4E, Park and Recreation Board Report: Boardmember Dorothy Wood reported on recent Board meetings and events. Agenda Item No. 4F, Local Business Report: Director of Economic Development Greg Last introduced Teresa Alexander who described her new business, Red Sage Restaurant, to the Council. CONSENT AGENDA: Consent agenda items are considered to be routine by the City Council and are enacted with one motion. Agenda Item No. 5A, Approve minutes for the November 18, 2003, regular City Council meeting. Agenda Item No. 5B, Authorize the Mayor to execute a residential developer's agreement for Stratfort Parc, a 14.63 acre, 23 -lot subdivision, located on the west side of South White Chapel Boulevard, approximately 600 feet south of West Southlake Boulevard. This item was removed from the consent agenda and heard on the regular agenda. Agenda Item No. 5C, Award contract to Allison - Broyles Contractor of Fort Worth for construction of drainage improvements on North Pearson Lane in the amount of $55,067.00. Agenda Item No. 8A, Ordinance No. 578 -A, 1 Reading, Amending City Code Chapter 20, Vehicles for Hire, relating to the regulation of wrecker Services, regulating and establishing requirements for non - consent tows and allowing the contracting with one or more wrecker companies for police pulls. Agenda Item No. 8B, Ordinance No. 859, 1 Reading, Amending Article III, "Property Taxes ", of Chapter 17, "Taxation" of The City Code, as amended, by adding a new section 17 -63 relating to ad valorem tax freeze for residential homestead property owners who are disabled or 65 years of age or older. Agenda Item No. 8C, Ordinance No. 480 -427, 1 Reading, (ZA03 -075) Zoning Change on property located at 500 South White Chapel Boulevard. Current Zoning: AG Agricultural District. Requested Zoning: SF -1A Single Family Residential District. SPIN Neighborhood #14. CITY COUNCIL MEETING MINUTES, DECEMBER 2, 2003 PAGE 2 OF 5 Agenda Item No. 8D, (ZA03 -039), Plat Revision for Continental Plaza Addition on property located south of the intersection of South Kimball Avenue and East Continental Boulevard. Current Zoning: I -1 Light Industrial District. SPIN Neighborhood #7. Agenda Item No. 9A, Resolution No. 03 -075, Authorize the City Attorney to acquire land located at 311 South Kimball Avenue (George W. Main Survey, A -1098, Tract 2A), 695 South Kimball Avenue (Lot 8, Meadow Oaks Subdivision), and 605 South Kimball Avenue (Lot 7, Meadow Oaks Subdivision), all located in Southlake, Texas, by the right of eminent domain for the purpose of reconstruction of South Kimball Avenue. In accordance with Section 4.21 of the City Charter, the caption for this item is listed as follows: A RESOLUTION OF THE CITY OF SOUTHLAKE, TEXAS, AUTHORIZING THE CITY ATTORNEY TO BRING A CONDEMNATION ACTION FOR THE PURPOSE OF OBTAINING AN EASEMENT FOR USE BY THE CITY FOR THE CONSTRUCTION OF STREET IMPROVEMENTS OR FOR OTHER PURPOSES PERMITTED BY LAW. Agenda Item No. 10A, Accepting the donation of services to the Southlake Public Library to create a mural in the storytime area from Bruce and Elizabeth Bonham. Agenda Item No. 10B, Accepting a memorial donation of art in honor of Grace O'Brien from Barbara Tipton. Agenda Item No. 10C, Accepting the donation of commemorative art from previous Art In The Square event from Debbie Baynard. Agenda Item No. 10D, Consider SP03 -082, Variance to Sign Ordinance No. 704 -A, for Camille's Sidewalk Cafe located at 2600 East Southlake Boulevard, Suite 100. Motion was made to approve Items 5A as presented; 5C; 8A; 8B; 8C; 8D subject to Plat Review Summary No. 2, dated November 14, 2003; 9A; 10A; 10B; 10C; and 10D. Motion: Standerfer Second: Shankland Item 5A as presented; 5C; 8A; 8B; 8C; 8D subject to Plat Review Summary No. 2, dated November 14, 2003; 10A; 10B; 10C; and 10D: Ayes: Evans, Morris, Potter Shankland, Standerfer Nays: None Approved: 5 -0 Item 9A: Ayes: Evans, Morris, Potter, Shankland Nays: Standerfer Approved: 4 -1 REGULAR AGENDA: Agenda Item No. 6, Public Forum. No one spoke. CITY COUNCIL MEETING MINUTES, DECEMBER 2, 2003 PAGE 3 OF 5 Agenda Item No. 5B, Authorize the Mayor to execute a residential developer's agreement for Stratfort Parc, a 14.63 acre, 23 -lot subdivision, located on the west side of South White Chapel Boulevard, approximately 600 feet south of West Southlake Boulevard. Deputy Director of Public Works Charlie Thomas presented this item to Council. Applicant John Fegan answered Council's questions. Council discussed this request. Motion was made to authorize the Mayor to execute a residential developer's agreement for Stratfort Parc, a 14.63 acre, 23 -lot subdivision, located on the west side of South White Chapel Boulevard, approximately 600 feet south of West Southlake Boulevard, without deleting the requirement for a drainage culvert. Motion: Standerfer Second: Potter Ayes: Evans, Morris, Potter Shankland, Standerfer Nays: None Approved: 5 -0 Agenda Item No. 9B, Resolution No. 03 -076, Approve a 180 -day moratorium on development - related permits and applications on certain properties having an Industrial Land Use designation according to the City's approved Land Use Plan and do not lie within the Corridor Overlay Zone or an area subject to Residential Adjacency Standards. Senior Planner Dennis Killough presented this item to Council. Council discussed this item. Motion was made to deny Resolution No. 03 -076, 180 -day moratorium on development - related permits and applications on certain properties having an Industrial Land Use designation according to the City's approved Land Use Plan and do not lie within the Corridor Overlay Zone or an area subject to Residential Adjacency Standards. Motion: Standerfer Second: Potter Ayes: Evans, Morris, Potter Shankland, Standerfer Nays: None Approved: 5 -0 (to deny) Agenda Item No. 10E, Consider SP03 -084, Variance to Sign Ordinance No. 704 -A, for Cornerstone Plaza located at 2557 East Southlake Boulevard. Senior Planner Dennis Killough presented this item to Council. Applicant Melanie Hancock answered Council's questions. Council discussed this request. Motion was made to table SP03 -084, Variance to Sign Ordinance No. 704 -A, for Cornerstone Plaza located at 2557 East Southlake Boulevard, to the January 6, 2004, City Council meeting. Motion: Standerfer Second: Shankland Ayes: Evans, Morris, Potter Shankland, Standerfer Nays: None Approved: 5 -0 Agenda Item No. 10F, Consider proceeding with condemnation procedures for the acquisition of land (floodway) in the Triple C Ranch subdivision (Phase -I) along the west side of Dove Creek for possible drainage improvements /maintenance and future trail. Director of Planning Bruce Payne presented this item to Council. Council discussed this request. CITY COUNCIL MEETING MINUTES, DECEMBER 2, 2003 PAGE 4 OF5 Motion was made to table the consideration of proceeding with condemnation procedures for the acquisition of land (floodway) in the Triple C Ranch subdivision (Phase -I) along the west side of Dove Creek for possible drainage improvements /maintenance and future trail to the December 16, 2003, City Council meeting. Motion: Standerfer Second: Shankland Ayes: Evans, Morris, Potter Shankland, Standerfer Nays: None Approved: 5 -0 Agenda Item No. 12, Meeting adjourned. With there being no further business to discuss, Mayor Pro Tem Evans adjourned the meeting at 8:04 p.m. *An audio recording of this meeting will be permanently retained in the City Secretary's Office. 7 /1/' e W. Ralph Ev. s Mayor Pro Tem ATTEST: `���,:�m�5 .• ZA • s Lori A. Farwell v s \ • > City Secretary * **, \,,. ' "``, CITY COUNCIL MEETING MINUTES, DECEMBER 2, 2003 PAGE 5 OF 5 1 li i S - G r44/ cvGts vlof- rieede4 i rice KYl or- c tiat no-f 0440 -H,, I z -2 -Pb e icc - ( ►7i/teefr t - CONRtJC.T OF INTEREST .AFFii}AViT THE STATE OF TEXAS § S COUNTY nu Tq,iotatiT'' R i LTAIN r„ /14l A.4tt -A-. / f ag a member cif the "rt.. rt.� r.: L 7 maim this affidavit and h nn nth ctatP• fly. fn11n1A4 n 7 T }lave 0 AO/ ,r►te.r et in afhlacinncQ ftrtity nr rP1 prnpertv.& AP...ve) in - - - :c� ' anti a vnte lc to he taken nr a flPnicinn is to hP marip that Anil hal!P1~ - erns:f101 Ar"$1 rvir! of Pr•t nn thic hjJ4iiiiac Prf tits! nr real nrnryertL The agenda item affecting this business en tity or real t p i t . fyC�!- .I...= r .,,-- b ...,..., aa ..�.y ................ property J rte . . fa r. ..�. - 1 !"VZT..(DT 'CPC ' A 1 /Dl. i A 1 'r 1 t; L„ :., a . � i tl-..a � __V e 8 <..V1T311..,a.. J. L l' -x1 air v-.). t. 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