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2004-03-02 Regular CC Meeting I I. I I I I I I I I. I I I I I I I. I I CITY OF SOUTHLAKE REGULAR CITY COUNCIL MEETING: MARCH 2. 2004 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 immediatelv followine: 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 Ree:ular Session or at any time durine: the meetine: that a need arises for the City Council to seek advice from the City Attornev as to the oosted subiect matter of this City Council meetine:. 1. Section 551.071 Consultation with attorney a. Seek the advice of the City Attorney regarding regulation of school development activities. b. Seek the advice of the City Attorney regarding water back billing. 2. Section 551.087 Deliberation ree:ardine: economic develooment nee:otiations a. Economic incentives for businesses. B. Reconvene: Action necessary on items discussed in Executive Session. 3. INVOCATION: William Crary, St. Laurence Episcopal Church 4. REPORTS: A. Mayor's Report B. City Manager's Report C. SPIN Report D. Library Board Report E. Park and Recreation Board Report F. Local Business Report I I. I I I I I I I I. I I I I I I I. I I City of Southlake City CouncU meeting agenda March 2, 2004 Page 2 ofS 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 February 17, 2004, regular City Council meeting and for the February 17, 2004, joint meeting with City Council and Carroll Independent School District Board of Trustees. REGULAR AGENDA 6. Public Forum. 7. Ordinances, second readings, public hearings, and related items: A. Ordinance No. 480-431, 2nd Reading (ZA03-060) Zoning Change and Site Plan for Hibernia Bank on property located at 1110 East Southlake Boulevard, at the northwest comer of North Carroll Avenue and East Southlake Boulevard. Current Zoning: S-P-2 General Site Plan District. Requested Zoning: S-P-l Detailed Site Plan District. SPIN Neighborhood #8. PUBLIC HEARING B. Resolution No. 04-006, Southlake 2025 Plan - Vision, Goals and Objectives. PUBLIC HEARING C. Resolution No. 04-018 (ZA03-091) Specific Use Permit for Southlake Boarding Facility on property located at the northeast comer of East Continental Boulevard and Crooked Lane. Current Zoning: 1-1 Light Industrial District. SPIN Neighborhood #7. PUBLIC HEARING 8. Ordinances, first readings, and related items: (There are no items on this agenda.) 9. Resolutions: A. Resolution No. 04-019, Review of Investment Policy and Investment Strategies. B. Resolution No. 04-016, Authorizing the City's participation in the Coalition of Cities initiating a formal hearing process against Charter Communications, Inc. to assess liquidated damages and other such actions as determined by the "Steering Committee of the Cities Participating in the I I. I I I I I I I I- I I I I I I I. I I City of Southlake City Council meeting agenda March 2, 2004 Page 3 of 5 Charter Communications Liquidated Damages Litigation"; seeking liquidated damages; and authorizing the expenditure of funds for the purpose of conducting such proceedings. 10. Other items for consideration: A. Resolution No. 04-017, Calling the May 15, 2004, General Election; authorizing a contract for election services with Tarrant County Elections Administration; and authorizing a joint agreement with Carroll Independent School District for the May 15, 2004, election. B. Matching funds request from Southlake Girls Softball Association for purchase and construction of bleacher shade structures at Bob Jones Park softball fields. C. Consider SP04-020, Variance to Sign Ordinance No. 704-A, for Spa D'Aroma located at 613 East Southlake Boulevard, Suite F. D. Consider SP04-026, Variance to Sign Ordinance No. 704-A, for Planet Beach Tanning Salon located at 2125 West Southlake Boulevard, Suite 325. E. Consider SP04-027, Variance to Sign Ordinance No. 704-A, for Washington Mutual located at 2120 East Southlake Boulevard, Suite B. 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, February 27, 2004, by 6:00 p.m., pursuant to the Texas Government Code, ChaJllMf..$,5,}. ", -rH' .lJ~III ", ~ \ ::'V\"~ I" k..c ~ ~'.,O..,~.......,< :', . (j .. I. · .. ~ ~ ~d'l * ..';i.~ : : ',>= . =>: :m= Lon A. Farwell : I- ~ : , : . ':0.: : CIty Secretary ~ ... ... $ ~.. . ~ '" .......... ,.:; " ~ ," lfyou plan to attend this public meeting and h;;"i1l(fl,li:abrtliy 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. I I. I I I I I I I I. I I I I I I I. I I City of Southlake City Council meeting agenda March 2, 2004 Page 4 ofS 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 South1ake vs. Timarron et.al. May 2001. 2. City ofSouthlake 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 ofSouthlake. 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 re2ardin2 real orooertv The City Council may conduct a closed meeting to deliberate the purchase, exchange, lease or value of real property. Section 551.073: Deliberation re2ardin2 orosoective 2ift or donation 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 re2ardin2 oersonnel 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 re2ardin2 security devices The City Council may deliberate the deployment, or specific OCCasIOns for implementation of security personnel or devices. Section 551.087: Deliberation re2ardin2 economic develooment ne2otiations 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. I I. I I I I I I I I. I I I I I I I. I I City of Southlake City Council meeting agenda March 1, 1004 Page 50f5 Section 418.183(0: Texas Disaster Act The City Council may deliberate information: 1) for purposes of preventing, investigating, or responding to an act of terrorism or related criminal activity and involving emergency response providers, their staffing, contact information and tactical plans; 2) that relates to the risk or vulnerability of persons or property, including infrastructure, to an act of terrorism; 3) that relates to the assembly of an explosive weapon, the location of a material that may be used in a chemical, biological or radioactive weapon, or unpublished information pertaining to vaccines or devices to detect biological agents or toxins; 4) that relates to details of the encryption codes or security keys for a public communication system; 5) that relates to a terrorism-related report to an agency of the United States; 6) that relates to technical details of particular vulnerabilities of critical infrastructure to an act of terrorism; 7) that relates to information regarding security measures or security systems intended to protect public and private property from an act of terrorism. The Texas Disaster Act specifically requires that a tape recording of the closed meeting be made. Section 418.106(d) & (el: Local meetines to discuss emereencv manaeement olans reeardine pipeline safety The City Council may discuss emergency management plans involving pipeline safety and/or security of pipeline infrastructures or facilities when those plans or discussions contain such sensitive information. - I I. I I I I I I I I. I I I I I I I. I I CITY OF SOUTHLAKE REGULAR CITY COUNCIL MEETING MINUTES: MARCH 2. 2004 LOCATION: 1400 Main Street, Southlake, Texas Council Chambers in Town Hall CITY COUNCIL PRESENT: Mayor Andy Wambsganss (arrived at 6:42 p.m.), Mayor Pro Tem W. Ralph Evans, Deputy Mayor Pro Tem Rex Potter, and Councilmembers Carolyn Morris, Keith Shankland, and Greg Standerfer. CITY COUNCIL ABSENT: Councilmember Tom Stephen. STAFF PRESENT: Assistant City Manager Shana Yelverton, Executive Secretary Kim Bush, Assistant to the City Manager John Eaglen, Intern Ben Thatcher, Information Systems Technician Slaven Manning, Information Systems Technician Andrew Burt, Information Systems Technician Sam Cobb, Director of Community Services Malcolm Jackson, Deputy Director of Community Services Steve Polasek, Senior Parks Planner Chris Carpenter, Director of Economic Development Greg Last, Director of Finance Sharen Elam, Director of Planning Bruce Payne, Senior Planner Dennis Killough, Director of Public Safety Rick Black, Chief of Fire Robert Finn, Director of Public Works Pedram Farahnak, Deputy Director of Public Works Charlie Thomas, 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 items 7C to table, 9A, 9B, lOA, lOB, lOC, lOD, and lOE were added to the consent agenda. The work session ended at 5:51 p.m. REGULAR SESSION: Agenda Item No.1. Call to order: The regular session was called to order by Mayor Pro Tem Evans at 5:51 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; Section 551.087, deliberation regarding economic development negotiations; Section 418.183(f) Texas Disaster Act; and Section 418.106(d) & (e), local meetings to discuss emergency management plans regarding pipeline safety. City Council adjourned for Executive Session at 5:51 p.m. Executive Session began at 6:15 p.m. and ended at 7:10p.m. CITY COUNCIL MEETING MINUTES, MARCH 2, 2004 Page 1 of6 I I . I I I I I I I I. I I I I I I I. I I Agenda Item No. 2B. Reconvene: Mayor Wambsganss reconvened the regular meeting at 7:20 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 Mayor Pro Tem Evans. Mayor Wambsganss led the audience in the Pledge of Allegiance. Agenda Item No. 4A. Mavor's Reoort: Mayor Wambsganss announced upcoming meetings and events. Mayor and Council agreed to cancel the March 16 meeting due to Spring Break and hold a special meeting on March 30 instead. Agenda Item No. 4B. City Manager's ReJ>ort: Assistant City Manager Yelverton introduced Director Black who gave a presentation on the Citizen Emergency Response Training (CERT) Program. Agenda Item No. 4C. SPIN ReJ>ort: A written report was included in Council's packet. Agenda Item No. 4D. Library Board Reoort: A written report was included in Council's packet. Agenda Item No. 4E. Park and Recreation Board Reoort: Board member Emily Galpin updated Council on upcoming meetings and events. Agenda Item No. 4F. Local Business ReJ>ort: Director Last introduced Dr. Stacy Hatcher of TravelWORX who introduced her new business which provides immunizations and assistance for travelers. CONSENT AGENDA: Consent agenda items are considered to be routine by the City Council and are enacted with one motion. Agenda Item No. SA. Approve minutes for the February 17. 2004. regular City Council meeting and for the February 17. 2004. 10int meeting with City Council and Carroll IndeJ>endent School District Board of Trustees. Minutes for the regular City Council meeting were approved, as amended with clarification on the motion for agenda item lOA, and minutes for the joint meeting were approved as presented. Agenda Item No. 7C. Resolution No. 04-018 (ZA03-09n Specific Use Permit for Southlake Boarding Facility on propertv located at the northeast comer of East Continental Boulevard and Crooked Lane. Current Zoning: 1-1 Light Industrial District. SPIN Neighborhood #7. The applicant requested to table this item to the March 30, 2004, Council meeting. Agenda Item No. 9A. Resolution No. 04-019. Review of Investment Policy and Investment Strategies. In accordance with Section 4.21 of the City Charter, the caption for this item is listed as follows: CITY COUNCIL MEETING MINUTES, MARCH 2, 2004 Page 2 of6 I I. I I I I I I I I. I I I I I I I. I I A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS, REVIEW OF INVESTMENT POLICY AND INVESTMENT STRATEGIES. Agenda Item No. 9B. Resolution No. 04-016. Authorizing the City's oarticipation in the Coalition of Cities initiating a formal hearing process against Charter Communications. Inc. to assess liquidated damages and other such actions as determined by the "Steering Committee of the Cities Participating in the Charter Communications Liauidated Damages Litigation": seeking liquidated damages: and authorizing the exoenditure of funds for the pwpose of conducting such proceedings. In accordance with Section 4.21 of the City Charter, the caption for this item is listed as follows: AUTHORIZING PARTICIPATION OF THE CITY OF SOUTHLAKE IN THE COALITION OF CITIES THAT PROPOSE TO INITIATE A FORMAL HEARING PROCESS AGAINST CHARTER COMMUNICATIONS, INC. TO ASSESS LIQUIDATED DAMAGES AND SUCH OTHER CAUSES OF ACTIONS AS THE "STEERING COMMITTEE OF THE CITIES PARTICIPATING IN THE CHARTER COMMUNICATIONS LIQUIDATED DAMAGES LITIGATION" MAY DETERMINE; SEEKING LIQUIDATED DAMAGES FROM CHARTER COMMUNICATIONS; AND AUTHORIZING THE EXPENDITURE OF FUNDS FOR ATTORNEY AND EXPERT WITNESS FEES AND OTHER COSTS ASSOCIATED WITH SUCH PROCEEDINGS; PROVIDING FOR AN EFFECTIVE DATE. Agenda Item No. lOA. Resolution No. 04-017. Calling the May 15. 2004. General Election: authorizing a contract for election services with Tarrant County Elections Administration: and authorizing a joint agreement with Carroll Independent School District for the May 15. 2004. election. Council appointed Robert Flaherty as Election Judge and Zoe Stefansson as Alternate Election Judge. 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, CALLING FOR A GENERAL ELECTION TO BE HELD ON MAY 15,2004; DESIGNATING A POLLING PLACE; ESTABLISHING AN ELECTION PRECINCT WITHIN THE CITY; APPOINTING AN ELECTION JUDGE AND AN ALTERNATE ELECTION JUDGE; ESTABLISHING PROCEDURES FOR EARLY VOTING; AGREEING TO CONDUCT THE ELECTION JOINTLY WITH CARROLL INDEPENDENT SCHOOL DISTRICT; AUTHORIZING THE EXECUTION OF A CONTRACT FOR ELECTION SERVICES WITH TARRANT COUNTY ELECTIONS ADMINISTRTION; AUTHORIZING THE CITY SECRETARY TO MAKE SUBMISSIONS TO THE UNITED STATES JUSTICE DEPARTMENT FOR PRE- CLEARANCE APPROVAL; ESTABLISHING OTHER PROCEDURES FOR CONDUCTING THE ELECTION; ESTABLISHING A DATE FOR CANVASSING RETURNS; ESTABLISHING A DATE FOR A RUN-OFF ELECTION IF , NECESSARY; AND PROVIDING AN EFFECTIVE DATE. CITY COUNCIL MEETING MINUTES, MARCH 2, 2004 Page 3 of6 I I. I I I I I I I I. I I I I I I I. I I Agenda Item No. lOB. Matching funds request from Southlake Girls Softball Association for purchase and construction of bleacher shade structures at Bob Jones Park softball fields. Director Jackson presented this item during work session. Agenda Item No. lOC. Consider SP04-020. Variance to Sign Ordinance No. 704-A. for Spa D' Aroma located at 613 East Southlake Boulevard. Suite F. Senior Planner Killough presented this item to Council during the work session. Applicant Tom Stanford, 804 Timbercrest Court, Southlake, Texas, addressed Council's questions. Council approved the sign variance as amended: two feet maximum on capitol letters (S, D, and A) with all other letters being reduced proportionately in size. Agenda Item No. 10D. Consider SP04-026. Variance to Sign Ordinance No. 704-A. for Planet Beach Tanning Salon located at 2125 West Southlake Boulevard. Suite 325. Senior Planner Killough presented this item to Council during the work session. Council approved as presented. Agenda Item No. lOE. Consider SP04-027. Variance to Sign Ordinance No. 704-A. for Washington Mutual located at 2120 East Southlake Boulevard. Suite B. Senior Planner Killough presented this item to Council during the work session. Council approved as presented. Motion was made to approve Items 5A as amended; 7C to table to the March 30, 2004, Council meeting; 9A; 9B; lOA; lOB; 10C as amended: limiting it to two feet maximum on capitol letters (S, D, and A) with all other letters being reduced proportionately in size; 10D; and 10E. Motion: Standerfer Second: Potter Ayes: Evans, Morris, Potter, Shankland, Standerfer Nays: None Abstains: Wambsganss Approved: 5-0-1 REGULAR AGENDA Agenda Item No.6. Public Forum. No one spoke. Agenda Item No. 7A. Ordinance No. 480-431. 2nd Reading (ZA03-060) Zoning Change and Site Plan for Hibernia Bank on orooertv located at 1110 East Southlake Boulevard. at the northwest comer of North Carroll Avenue and East Southlake Boulevard. Current Zoning: S-P-2 General Site Plan District. Requested Zoning: S-P-1 Detailed Site Plan District. SPIN Neighborhood #8. Senior Planner Killough presented this item to the Council. Applicants David Smith of Graham Associates, 600 Six Flags Drive, Arlington, Texas, and Mathew Holtman with Oglesby-Holtman Design, 2261 Brookhollow Plaza, Arlington, Texas, addressed Council's questions. No one spoke during the public hearing. CITY COUNCIL MEETING MINUTES, MARCH 2, 2004 Page 4 of6 - I I. I I I I I I I I- I I I I I I I. I I 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 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 lR2, W. W. HALL NO. 695 ADDITION, LOT lR, BLOCK 9, SOUTHLAKE TOWN SQUARE, PHASE 1, AND A PORTION OF OLD CARROLL AVENUE, AND BEING APPROXIMATELY 1.98 ACRES, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHmIT "A" FROM "S-P-2" GENERALIZED SITE PLAN DISTRICT TO "S-P-2" DETAILED SITE PLAN DISTRICT WITH "0-1" OFFICE DISTRICT USES TO INCLUDE A BANK WITH A DRIVE- THRU, AS DEPICTED ON THE APPROVED SITE PLAN ATTACHED HERETO AND INCORPORATED HEREIN AS EXHmIT "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 CUMULATNE 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. Motion was made to approve Ordinance No. 480-431 (2nd Reading) ZA03-060, subject to Site Plan Review Summary No.4, dated January 30,2004, as approved by the Planning and Zoning Commission and requiring the dumpster enclosure to be screened with an evergreen holly and requiring the Oncor switch box to be screened with a permanent wall if possible or, if not, with a dense plant material. Motion: Standerfer Second: Potter Ayes: Evans, Morris, Potter, Shankland, Standerfer, Wambsganss Nays: None Approved: 6-0 Agenda Item No. 7B. Resolution No. 04-006. Southlake 2025 Plan - Vision. Goals. and Obiectives. Director Payne presented this item to the Council. Council discussed this item. 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: CITY COUNCIL MEETING MINUTES, MARCH 2, 2004 Page 5 of6 - I I. I I I I I I I I. I I I I I I I. I I A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS, ADOPTING PHASE 1 - VISION, GOALS, AND OBJECTIVES OF THE SOUTHLAKE 2025 PLAN, THE CITY'S COMPREHENSIVE PLAN UPDATE. Motion was made to approve Resolution No. 04-006, Southlake 2025 Plan - Vision, Goals, and Objectives as proposed by the 2025 Committee and as modified by the Planning and Zoning Commission with the following modifications: eliminating the wording, "smaller scaled," in Objective 2.3; adding the word, "comprehensive," in Objective 4.1; adding the word, "roadways," in Objective 4.7; and striking the wording, ''to the greatest extent possible," in Objective 5.2. Motion: Potter Second: Shankland Ayes: Morris, Potter, Shankland, Standerfer, Wambsganss Nays: Evans Approved: 5-1 Agenda Item No. 12. Meeting adiourned. Mayor Wambsganss adjourned the meeting at 8:43 p.m. *An audio recording of this meeting will be permanently retained in the City Secretary's Office. ~~.~ Aridy Wam sganss Mayor ATTEST: ",,,,,,,,,,,, ......"~ou TH.~""'" "...~.i ........ ~, ,'" 0' .- .. :.t\ ftIJ ~ ... -..'\.:- ~ EC: * \~: --.- .11\- =0: ex: : ~ :~-= ; ... ; &:J S ,. .- ~ ~ -:, -.. .- ~ '" .... .... ~ "" *** ",.... III,,,,U"'"'''' ~. (). ~ Lori A. FatWell, TRMC City Secretary CITY COUNCIL MEETING MINUTES, MARCH 2, 2004 Page 60f6