2003-12-16 Regular CC Meeting CITY OF SOUTHLAKE
REGULAR CITY COUNCIL MEETING: DECEMBER 16, 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. City of Southlake vs. Timarron et.al.
b. Seek advice of the City Attorney regarding the status of pending
litigation.
2. Section 551.072 Deliberation regarding real property
a. Discuss acquisition of land for the 42" water line.
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: David Whitington, Christ Our King Church
4. REPORTS:
A. Mayor's Report
B. City Manager's Report
City of Southlake
City Council Meeting Agenda
December 16, 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 December 2, 2003, regular City Council meeting and for
the December 8, 2003, City Council work session.
REGULAR AGENDA
6. Public Forum.
7. Ordinances, second readings, public hearings, and related items:
A. Ordinance No. 578 -A, 2 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. PUBLIC HEARING
B. Ordinance No. 859, 2nd Reading, Amending City Code, Chapter 17, Taxation,
Article III, Property Taxes, relating to an ad valorem tax freeze for residential
homestead property owners who are disabled or 65 years of age or older.
PUBLIC HEARING
C. Ordinance No. 480 -427, 2 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. PUBLIC HEARING
D. ZA03 -079, Site Plan for Lot 1, Block 2, Cornerstone Business Park, located at
2815 Exchange Boulevard on the southeast corner of Silicon Drive and Exchange
Boulevard. Current Zoning: I -1 Light Industrial District. SPIN Neighborhood #7.
PUBLIC HEARING
8. Ordinances, first readings, and related items:
A. Ordinance No. 480 -428, 1 Reading, (ZA03 -077) Zoning Change for Lot 1, Block
1, Father Joe Addition, located at 2440 Johnson Road. Current Zoning: CS
Community Service District. Requested Zoning: SF -1A Single Family Residential
District. SPIN Neighborhood #15. (If approved on first reading, the public
hearing will be January 6, 2004.)
City of Southlake
City Council Meeting Agenda
December 16, 2003
Page 3 of 4
B. ZA03 -078, Plat Revision for Lot 1, Block 1, Johnson Place Addition, located at
2440 Johnson Road. Current Zoning: CS Community Service District. Requested
Zoning: SF -1A Single Family Residential District. SPIN Neighborhood #15.
9. Resolutions: (There are no items on this agenda.)
10. Other items for consideration:
A. 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.
B. Consider canceling or rescheduling the January 6, 2004, City Council meeting.
11. Other items for discussion:
A. Southlake 2025 Plan Phase 1 — Vision, Goals, & Objectives
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, December 12, 2003, by 6:00 p.m., pursuant to
the Texas Government Code, Chapter 551.
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Lori A. Farwell -
City Secretary ' c"
If you plan to attend this public meeting ani ,1iav salli ity that requires special needs, please advise
the City Secretary's Office 48 hours in advance dt'&1.7 -1490 and reasonable accommodations will be
made to assist you.
City of Southlake
City Council Meeting Agenda
December 16, 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.
7. R.E. and Marilyn Smith vs. City of Southlake. December 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
REGULAR CITY COUNCIL MEETING MINUTES: DECEMBER 16, 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, and Councilmembers Greg Standerfer and Tom Stephen.
CITY COUNCIL ABSENT: Councilmembers Carolyn Morris and Keith Shankland.
STAFF PRESENT: City Manager Billy Campbell, Executive Secretary Kim Bush, Assistant to
the City Manager John Eaglen, Manager of Technical Services Gary Gregg, Audio Visual
Technician Pam Jordan, Director of Community Services Malcolm Jackson, Director of
Economic Development Greg Last, Director of Finance Sharen Elam, Director of Human
Resources Kevin Hugman, Director of Public Works Pedram Farahnak, Senior Planner Dennis
Killough, Senior Planner Ken Baker, Director of Public Safety Rick Black, Police Chief Marlin
Price, Deputy Director of Public Works Charlie Thomas, Assistant to the Director of Public
Works Valerie Bradley, Deputy City Secretary Tara Brooks, City Attorney E. Allen Taylor, and
City Secretary Lori Farwell.
WORK SESSION: The work session was called to order by Mayor Wambsganss at 5:37 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,
10A, and 10B were added to the consent agenda. No action was taken on Items 10A and 10B.
The work session ended at 5:54 p.m.
REGULAR SESSION:
Agenda Item No. 1, Call to order: The regular session was called to order by Mayor
Wambsganss at 5:54 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 5:54 p.m. Executive Session began at 6:06 p.m. and ended at 6:48 p.m.
Agenda Item No. 2B, Reconvene: Mayor Wambsganss reconvened the regular meeting at 6:56
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 David Whitington, Christ Our
King Church. Mayor Wambsganss led the audience in the Pledge of Allegiance.
CITY COUNCIL MEETING MINUTES, DECEMBER 16, 2003
PAGE 1 OF 5
Agenda Item No. 4A, Mayor's Report: Mayor Wambsganss announced upcoming meetings and
events. The Mayor introduced Peter and Marilyn Hye and John and Linda Moore who are
Southlake Lions Club members along with the Mayor and the Deputy Mayor Pro Tem. Mr. Hye
thanked the Public Safety Department for their service to his business during a recent time of
need. He said the Southlake Lions Club is creating a fund for Southlake officers who may be
killed or severely injured in the line of duty, and the money can be used to assist the officers
and /or their families.
Agenda Item No. 4B, City Manager's Report: City Manager Campbell asked the Director of
Finance, Sharen Elam, to present new bond rating information to Council. Director Elam stated
that the Southlake Parks Development Corporation bonds were upgraded from a Bbb3 to an A-
from Standard and Poors.
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 December 2, 2003, regular City Council meeting
and for the December 8, 2003, City Council work session.
Agenda Item No. 8A, Ordinance No. 480 -428, 1 Reading, (ZA03 -077) Zoning Change for Lot
1, Block 1, Father Joe Addition, located at 2440 Johnson Road. Current Zoning: CS Community
Service District. Requested Zoning: SF -1A Single Family Residential District. SPIN
Neighborhood #15. Senior Planner Dennis Killough presented this item to Council during the
work session.
Agenda Item No. 8B, ZA03 -078, Plat Revision for Lot 1, Block 1, Johnson Place Addition,
located at 2440 Johnson Road. Current Zoning: CS Community Service District. Requested
Zoning: SF -1A Single Family Residential District. SPIN Neighborhood #15. Senior Planner
Dennis Killough presented this item to Council during the work session.
Agenda Item No. 10A, 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. Senior Planner Ken Baker
presented this item to Council during the work session. Council decided to take no action on this
item.
Agenda Item No. 10B, Consider canceling or rescheduling the January 6, 2004, City Council
meeting. Council discussed this item during the work session and decided to take no action on
this item.
Motion was made to approve Items 5A as presented; 8A; 8B subject to Plat Review Summary
No. 2, dated November 26, 2003; taking no action on Item 10A; and taking no action on Item
10B.
Motion: Standerfer
Second: Potter
Ayes: Evans, Potter, Standerfer, Stephen, Wambsganss
Nays: None
Approved: 5 -0
CITY COUNCIL MEETING MINUTES, DECEMBER 16, 2003
PAGE 2 OF 5
REGULAR AGENDA:
Agenda Item No. 6, Public Forum. No one spoke.
Agenda Item No. 7A, Ordinance No. 578 -A, 2nd 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. Chief of Police Marlin Price presented this item to Council. In
accordance with Section 4.21 of the City Charter, the caption for this item is listed as follows:
AN ORDINANCE PROVIDING FOR THE REGULATION OF WRECKER SERVICE
COMPANIES OPERATING IN THE CITY OF SOUTHLAKE; PROVIDING FOR THE CITY
TO CONTRACT FOR NON - CONSENT TOWS AND STORAGE OF SUCH VEHICLES;
PROHIBITING UNSOLICITED TOW TRUCK ACTIVITY; ESTABLISHING LICENSE AND
RECORD KEEPING REQUIREMENTS FOR PRIVATE NON - CONSENT TOWS;
ESTABLISHING REQUIREMENTS FOR PRIVATE PROPERTY NON - CONSENT TOWS;
REQUIRING CERTAIN SIGNS BE POSTED ON PRIVATE PROPERTY FOR NON -
CONSENT TOWS; 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.
No one spoke during the public hearing.
Motion was made to approve Ordinance No. 578 -A, 2 Reading.
Motion: Standerfer
Second: Potter
Ayes: Evans, Potter, Standerfer, Stephen, Wambsganss
Nays: None
Approved: 5 -0
Agenda Item No. 7B, Ordinance No. 859, 2 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. In accordance with Section 4.21 of the City Charter, the caption for this item is
listed as follows:
AN ORDINANCE OF THE CITY OF SOUTHLAKE, TEXAS, AMENDING ARTICLE III OF
CHAPTER 17, "TAXATION" OF THE SOUTHLAKE CITY CODE OF ORDINANCES 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; PROVIDING THAT THIS ORDINANCE SHALL BE
CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; AND
PROVIDING AN EFFECTIVE DATE.
No one spoke during the public hearing.
Motion was made to approve Ordinance No. 859, 2 Reading.
CITY COUNCIL MEETING MINUTES, DECEMBER 16, 2003
PAGE 3 0F5
Motion: Potter
Second: Standerfer
Ayes: Evans, Potter, Standerfer, Stephen, Wambsganss
Nays: None
Approved: 5 -0
Agenda Item No. 7C, Ordinance No. 480 -427, 2 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.
Senior Planner Dennis Killough presented this item to 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
3G, OUT OF THE H. GRANBERRY SURVEY, ABSTRACT NO. 581, BEING
APPROXIMATELY 1.996 ACRES, AND MORE FULLY AND COMPLETELY DESCRIBED
IN EXHIBIT "A" FROM "AG" AGRICULTURAL DISTRICT TO "SF -1A" SINGLE FAMILY
RESIDENTIAL 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.
No one spoke during the public hearing.
Motion was made to approve Ordinance No. 480 -427, 2 Reading, (ZA03 -075).
Motion: Standerfer
Second: Potter
Ayes: Evans, Potter, Standerfer, Stephen, Wambsganss
Nays: None
Approved: 5 -0
Agenda Item No. 7D, ZA03 -079, Site Plan for Lot 1, Block 2, Cornerstone Business Park,
located at 2815 Exchange Boulevard on the southeast corner of Silicon Drive and Exchange
Boulevard. Current Zoning: I -1 Light Industrial District. SPIN Neighborhood #7. Senior Planner
Dennis Killough presented this item to Council. Applicant Gary Fickes, 421 Hilltop Drive,
Southlake, Texas, answered Council's questions.
Public Hearing opened.
Jeff Wang, 595 South Kimball Avenue, Southlake, Texas, spoke as an adjacent property owner
and reaffirmed his willingness to work with the applicant on the common driveway.
CITY COUNCIL MEETING MINUTES, DECEMBER 16, 2003
PAGE 4 OF 5
Public Hearing closed.
Motion was made to approve ZA03 -079 subject to Site Plan Review Summary No. 2, dated
November 26, 2003, granting requested variances and being subject to the recommendation of
the Planning and Zoning Commission and further requiring that the split -faced block be changed
to brick veneer.
Motion: Standerfer
Second: Potter
Ayes: Evans, Potter, Standerfer, Stephen, Wambsganss
Nays: None
Approved: 5 -0
Agenda Item No. 11A. Southlake 2025 Plan Phase 1 — Vision, Goals, & Objectives. Senior
Planner Ken Baker presented this item to Council during the work session. This was a discussion
item only. No action was taken by Council.
Agenda Item No. 12, Meeting adjourned. With there being no further business to discuss, the
meeting was adjourned at 7:35 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
City Secretary
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CITY COUNCIL MEETING MINUTES, DECEMBER 16, 2003
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