2004-01-06 Regular CC Meeting
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CITY OF SOUTHLAKE
REGULAR CITY COUNCIL MEETING: JANUARY 6. 2004
LOCATION:
1400 Main Street, Southlake, Texas
Council Chambers in Town Hall
WORK SESSION: 5:30 to 6:00 P.M.
1. Cal1to 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 immediatelv followin2 the work session
1. Cal1to 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 exceotions. at the
end of the Re2Ular Session or at anv time durin2 the meetin2 that a
need arises for the City Council to seek advice from the City Attornev
as to the oosted subiect matter of this City Councilmeetin2.
1. Section 551.072 Deliberation re2ardinl! real orooertv
a. Discuss possible purchase of property for park purposes.
b. Discuss value of city-owned residential property on Jordan
Drive near Pearson Lane.
2. Section 551.087 Deliberation re2ardin2 economic develooment
ne20tiations
a. Economic incentives for businesses.
B. Reconvene: Action necessary on items discussed in Executive Session.
3. INVOCATION: Bill Ramsey, Metroport Cities Fellowship
4. REPORTS:
A. Mayor's Report
B. City Manager's Report
C. Library Board Report
D. SPIN Report
E. Park and Recreation Board Report
F. Local Business Report
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City of Southlake
City Council Meeting Agenda
January 6, 2004
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 16, 2003, regular City Council
meeting.
B. Approve renewal of contract with American Landscape Systems for
landscape maintenance of Town Square public areas.
C. Approve Resolution No. 04-001, Appointing the Chair for the Board of
Directors of Tax Increment Reinvestment Zone Number One, City of
Southlake, Texas, for 2004.
REGULAR AGENDA
6. Public Forum.
7. Ordinances, second readings, public hearings, and related items:
A. Ordinance No. 480-428, 2nd 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-IA Single
Family Residential District. SPIN Neighborhood #15. PUBLIC
HEARING
B. ZA03-071, Site Plan for Cedar Ridge Offices located on the east side of
the intersection of State Highway 114 and East Highland Street. Current
Zoning: C-3 General Commercial District. SPIN Neighborhood #6.
PUBLIC HEARING
C. Resolution No. 04-004, ZA03-080, Specific Use Permit for the sale of
alcoholic beverages at PHO Texas Vietnamese Cuisine located at 2120
East Southlake Boulevard, Suite D, in the Village Center Development.
Current Zoning: C-3 General Commercial District. SPIN Neighborhood
#8. PUBLIC HEARING
8. Ordinances, first readings, and related items: (There are no items on this agenda.)
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City of Southlake
City Council Meeting Agenda
January 6, 2004
Page 3 of4
9. Resolutions:
A. Resolution No. 98-068B, Amending Resolution No. 98-068A regarding
the Joint Drug and Alcohol Awareness Committee.
B. Resolution No. 04-003, Authorizing the City Attorney to acquire the
following easements by the right of eminent domain for the purpose of
construction and maintenance of the 42" water transmission line from the
Caylor Water Tank to Pearson Lane: 1) a 20' wide permanent waterline
easement (0.142 acre/6,190 sq. ft.) and a 50' wide temporary construction
easement (0.438 acre/ 19,004 sq. ft.) on land located in the RF.Allen
Survey, Abstract No. 29, located in Keller, Texas and owned by PJRD
Development Company; 2) a 20' wide permanent waterline easement
(0.177 acre/ 7,718 sq. ft.) and a 50' wide temporary construction easement
(0.431 acre/ 18,769 sq. ft.) on land located in the RF. Allen Survey,
Abstract No. 29, located in Keller, Texas and owned by Gerald Don
Whigham and Joan Whigham; 3) a 25' wide permanent waterline
easement (1.389 acres/ 60;509 sq. ft.) and a 50' wide temporary
construction easement (2.691 acres! 117,226 sq. ft.) on land located in the
RF. Allen Survey, Abstract No. 29, located in Keller, Texas and owned
by Richard J. Gibson.
10. Other items for consideration:
A. Consider SP03-115, Variance to Sign Ordinance No. 704-A, for 114
Kimball Square located at 2360 East State Highway 114.
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, January 2, 2004, by 6:00 p.m.,
pursuant to the Texas Government Code, ~~,:!51.
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Lori A. Farwell ~ ~ i : en ~
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If you plan to attend this public meeting i1ff4 ha~l,7J:;isO;.;ttity that requires special needs, please
advise the City Secretary's Office 48 h~fJkJ"J.I~'ance at 817-481-1490 and reasonable
accommodations will be made to assist you.
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City of Southlake
City Council Meeting Agenda
January 6, 2004
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 AU! General Contractors vs. City
ofSouthlake. March 2003.
5. Marpave, Inc., vs. City of Southlake. November 2003.
6. Steve L. Perry and Aline Perry vs. City ofSouthlake. November 2003.
7. R.E. and Marilyn Smith vs. City ofSouthlake. 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 GIFf
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.
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CITY OF SOUTHLAKE
REGULAR CITY COUNCIL MEETING MINUTES: JANUARY 6. 2004
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 Carolyn Morris, Greg Standerfer, and
Tom Stephen.
CITY COUNCIL ABSENT: Councilmember Keith Shankland.
STAFF PRESENT: City Manager Billy Campbell, Assistant City Manager Shana Yelverton,
Executive Secretary Kim Bush, Assistant to the City Manager John Eaglen, Manager of
Technical Services Gary Gregg, Audio Visual Technician Pam Jordan, Technical Services
Information Systems Technician Sam Cobb, 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, Deputy Director
of Community Services Steve Polasek, Director of Planning Bruce Payne, Senior Planner Dennis
Killough, 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, City
Manager's Office Intern Ben Thatcher, Library Administrator Kerry McGeath, 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 5:44 p.m.
City Council reviewed the agenda items with city staff and applicants. Agenda items 9A and 9B
were added to the consent agenda for approval, and Item lOA was tabled on the consent agenda.
The work session ended at 6:19 p.m.
REGULAR SESSION:
Agenda Item No.1. Call to order: The regular seSSIon was called to order by Mayor
Wambsganss at 6:19 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 6:19 p.m. Executive Session began at 6:24 p.m. and ended at 7:15 p.m.
Agenda Item No. 2B. Reconvene: Mayor Wambsganss reconvened the regular meeting at 7:25
p.m. The Mayor asked if there was any action necessary as a result of the executive session. No
action was necessary.
CITY COUNCIL MEETING MINUTES, JANUARY 6, 2004
PAGE10F5
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Agenda Item No.3. Invocation: The invocation was given by Bill Ramsey of Metroport Cities
Church. Mayor Wambsganss led the audience in the Pledge of Allegiance.
Agenda Item No. 4A. Mayor's Reoort: Mayor Wambsganss announced upcoming meetings and
events. The Mayor announced that Councilmember Keith Shankland's absence at tonight's
meeting is excused by the Council.
Agenda Item No. 4B. City Manager's ReJlort: City Manager Campbell said that Assistant City
Manager Shana Yelverton can address any questions regarding the State Highway 114
celebration scheduled for February 7,2004. The celebration will take place at the intersection of
State Highway 114 and Carroll Avenue and will begin at 8:00 a.m.
Agenda Item No. 4C. Library Board Reoort: A written report was included in Council's packets.
Agenda Item No. 4D. SPIN ReJlort: A written report was included in Council's packets.
Agenda Item No. 4E. Park and Recreation Board Reoort: Boardmember Mary Georgia discussed
upcoming Board meetings and events.
Agenda Item No. 4F. Local Business ReJlort: Economic Development Director Greg Last
introduced Anita Miller, owner of Designer Studio, who presented information on her Southlake
business.
CONSENT AGENDA: Consent agenda items are considered to be routine by the City Council
and are enacted with one motion.
Agenda Item No. SA. ADprove minutes for the December 16. 2003. regular City Council
meeting. Council approved as presented.
Agenda Item No. 5B. ADDrove renewal of contract with American Landscape Systems for
landscane maintenance of Town Square DubHc areas. Deputy Director of Community Services
Steve Polasek presented this item to Council during the work session.
Agenda Item No. 5C. ADDrove Resolution No. 04-001. AD pointing the Chair for the Board of
Directors of Tax Increment Reinvestment Zone Number One. City of Southlake. Texas. for
2004. Council approved Rex Potter as the Chair for the Board of Directors of Tax Increment
Reinvestment Zone Number One, City of Southlake, Texas, for 2004.
Agenda Item No. 9A. Resolution No. 98-068B. Amending Resolution No. 98-068A regarding
the Joint Drug and Alcohol Awareness Committee. Deputy Mayor Pro Tem Rex Potter and
Committee Chairman Brad Bartholemew, 1004 Hidden Knoll Court, Southlake, Texas, presented
this item to Council during the work session. Council agreed to approve this item on consent
eliminating the provision of proxy voting and allowing for alternates to serve in the absence of
the regular appointed members.
Agenda Item No. 9B. Resolution No. 04-003. Authorizing the City Attorney to acquire the
following easements by the right of eminent domain for the Dumose of construction and
maintenance of the 42" water transmission line from the Caylor Water Tank to Pearson Lane: n
a 20' wide Dermanent waterline easement (0.142 acre/6.190 sq. ft.) and a 50' wide temporary
CITY COUNCIL MEETING MINUTES, JANUARY 6, 2004
PAGE20F5
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construction easement (0.438 at:,re/ 19.004 SQ. ft.) on land located in the R.F. Allen Survev.
Abstrat:,t No. 29. located in Keller. Texas and owned bv PJRD Development Company: 2) a 20'
wide permanent waterline easement (0.177 acre/ 7.718 sq. ft.) and a 50' wide temoorary
construction easement (0.431 at:,re/ 18.769 sq. ft.) on land located in the R.F. Allen Survey.
Abstrat:,t No. 29. located in Keller. Texas and owned bv Gerald Don Whigham and Joan
Whigham: and 3) a 25' wide Dermanent waterline easement (1.389 at:,res/ 60.509 sa. ft.) and a 50'
wide temporary construction easement (2.691 at:,res/ 117.226 sq. ft.) on land located in the R.F.
Allen Survev. Abstrat:,t No. 29. located in Keller. Texas. and owned bv Richard J. Gibson.
Director of Public Works Pedram Farahnak presented this item to Council during the work
session.
Agenda Item No. lOA. Consider SP03-115. Variance to Sign Ordinance No. 704-A. for 114
Kimball Square located at 2360 East State Highwav 114. Senior Planner Dennis Killough
presented this item to Council during the work session. Applicant Roy Kindred, 4245 North
Central Expressway, Dallas, Texas, addressed Council's questions. After talking with Council,
Mr. Kindred asked to table this item.
Motion was made to approve Items SA as presented; 5B; 5C approving Rex Potter as Chair for
the Board of Directors of the Tax fucrement Reinvestment Zone Number One for 2004; 9A
eliminating the provision of proxy voting and allowing for alternates to serve in the absence of
the regular appointed members; 9B; and tabling Item lOA.
Motion: Standerfer
Second: Stephen
Item SA:
Ayes:
Nays:
Abstain:
Approved:
Evans, Potter, Standerfer, Stephen, Wambsganss
None
Morris
5-0-1
Items 5B; 5C approving Rex Potter as Chair for the Board of Directors of the Tax fucrement
Reinvestment Zone Number One for 2004; 9A eliminating the provision of proxy voting and
allowing for alternates to serve in the absence of the regular appointed members; 9B; and tabling
Item lOA:
Ayes:
Nays:
Approved:
Evans, Morris, Potter, Standerfer, Stephen, Wambsganss
None
6-0
REGULAR AGENDA:
Agenda Item No.6. Public Forum. No one spoke.
Agenda Item No. 7 A. Ordinance No. 480-428. 2nd 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-IA Single Familv Residential District. SPIN
Neighborhood #15. Senior Planner Dennis Killough presented this item to Council. Applicant
Derrell Johnson answered Council's questions. fu at:,cordance with Section 4.21 of the City
Charter, the caption for this item is listed as follows:
CITY COUNCIL MEETING MINUTES, JANUARY 6, 2004
PAGE 3 OF 5
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AN ORDINANCE AMENDING ORDINANCE NO. 480, AS AMENDED, THE
COMPREHENSNE 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, FATHER JOE ADDITION AND THE ADJOINING AREA DEDICATED FOR
JOHNSON COURT, BEING APPROXIMATELY 9.99 ACRES, AND MORE FULLY AND
COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "CS" COMMUNITY SERVICE
DISTRICT TO "SF-IA" 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 EFFECTNE
DATE.
No one spoke during the public hearing.
Motion was made to approve Ordinance No. 480-428, 2nd Reading, (ZA03-077).
Motion: Standerfer
Second: Evans
Ayes: Evans, Morris, Potter, Standerfer, Stephen, Wambsganss
Nays: None
Approved: 6-0
Agenda Item No. 7B. ZA03-071. Site Plan for Cedar Ridge Offices located on the east side of
the intersection of State Highwav 114 and East Highland Street. Current ZoninlZ: C-3 General
Commercial District. SPIN Neighborhood #6. Senior Planner Dennis Killough presented this
item to Council. Council discussed this request. Architect Jack O'Brien of O'Brien and
Associates and Applicant John Napper of Panattoni, 5950 Bergshire, Dallas, Texas, answered
Council's questions and made a formal presentation to Council.
No one spoke during the public hearing.
Motion was made to approve ZA03-071 subject to Revised Site Plan Review Summary No.3,
dated December 31,2003, and granting requested variances.
Motion: Standerfer
Second: Potter
Ayes: Evans, Morris, Potter, Standerfer, Wambsganss
Nays: Stephen
Approved: 5-1
AlZenda Item No. 7C. Resolution No. 04-004 (ZA03-080) SDecific Use Permit for the sale of
alcoholic beverages at PHO Texas Vietnamese Cuisine located at 2120 East Southlake
Boulevard. Suite D. in the Village Center DeveloDment. Current ZoninlZ: C-3 General
Commercial District. SPIN Neighborhood #8. Senior Planner Dennis Killough presented this
item to Council. Applicant Twee Truong, 5903 Highland Hills Lane, Colleyville, Texas,
CITY COUNCIL MEETING MINUTES, JANUARY 6, 2004
PAGE 4 OF 5
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answered Council's questions. In accordance with Section 4.21 of the City Charter, the caption
for this item is listed as follows:
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A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS,
GRANTING A SPECIFIC USE PERMIT FOR THE SALE OF ALCOHOLIC BEVERAGES
ON PROPERTY WITHIN THE CITY OF SOUTHLAKE, TEXAS, BEING LEGALLY
DESCRIBED AS A PORTION OF LOT 3, BLOCK 1, VILLAGE CENTER, PHASE 1, MORE
FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A", AND AS DEPICTED ON THE
APPROVED DEVELOPMENT PLAN ATTACHED HERETO AND INCORPORATED
HEREIN AS EXHffiIT "B" AND PROVIDING AN EFFECTIVE DATE.
No one spoke during the public hearing.
Motion was made to approve Resolution No. 04-004 (ZA03-080) for an initial period of five
years.
Motion:
Second:
Ayes:
Nays:
Approved:
Standerfer
Potter
Evans, Morris, Potter, Standerfer, Stephen, Wambsganss
None
6-0
Agenda Item No. 12. Meeting adiourned. The Mayor adjourned the meeting at 8:40 p.m.
*An audio recording of this meeting will be permanently retained in the City Secretary's
Office.
ATTEST:
~~~,
Andy Wambsganss
Mayor
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City Secretary
CITY COUNCIL MEETING MINUTES, JANUARY 6, 2004
PAGE 5 OF 5
City of Southlake
City Council Meeting Absence
In accordance with the City Charter, if you are absent or plan to be absent from a
City Council meeting, please complete this notice and submit to the City
Secretary.
Councilmember: Keith Shankland
Date(s) of Absence: January 6, 2004
Reason for Absence: conflicting work committment
"Excused" Absence Requested: X Yes No
If you have any questions, please contact Lori Farwell at (817) 481 -1519.
City Council granted "excused" absence:
Mayor Andy Wambsganss Yes No
Mayor Pro Tem Ralph Evans Yes No
Deputy Mayor Pro Tem Rex Potter /Yes No
Councilmember Greg Standerfer Yes No
Councilmember Carolyn Morris 1/' Yes No
Councilmember Tom Stephen Yes No
Councilmember Keith Shankland Yes No