2004-06-15 Regular CC Meeting
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CITY OF SOUTHLAKE
REGULAR CITY COUNCIL MEETING: JUNE 15.2004
LOCATION:
1400 Main Street, Southlake, Texas
Council Chambers in Town Hall
WORK SESSION: 5:30 to 6:00 P.M.
I. 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 foUowin!! 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, 551.087, 418.183(f), and 418.106(d) & (e). Refer to posted list
attached hereto and incorporated herein. Executive Session may be held.
under these exceotions. at the end of the Reeular Session or at any
time durin!! 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 Council meetin2.
1. Section 551.071 Consultation with attorney
a. Seek advice of the city attorney regarding water back
billing.
b. See advice of the city attorney regarding procedural issues
related to planned unit developments.
2. Section 551.087 Deliberation re2ardin2 economic develooment
neeotiations
a. Economic incentives for businesses.
B. Reconvene: Action necessary on items discussed in Executive Session.
3. INVOCATION: Coy Quesenbury, Lonesome Dove Baptist Church
4. REPORTS:
A. Mayor's Report
B. City Manager's Report
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City of Southlake
City Couneil meeting agenda
June 15, 2004
Page 2 of5
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 June 1,2004, regular City Council meeting.
B. Approve a Professional Services Agreement with Freese and Nichols, Inc.,
for inventorying all residential water meters, using the Global Positioning
Satellite system.
REGULAR AGENDA
6. Public Forum.
7. Ordinances, second readings, public hearings, and related items:
A. Ordinance No. 867, 2nd Reading, Changing the street name of Pin Oak
Circle to Tuscan Ridge Circle. PUBLIC HEARING
B. Ordinance No. 480-439, 2nd Reading (ZA04-021) Zoning Change and
Concept Plan for proposed Lots 1, 2Rl, 3, 4, and 5, Block 5, Cornerstone
Business Park located on the east side of the 300 through 500 blocks of
South Nolen Drive. Current Zoning: S-P-2 General Site Plan District and
AG Agricultural District. Requested Zoning: S-P-2 General Site Plan
District with C-2 Local Retail Commercial District and I-I Light Industrial
District uses. SPIN Neighborhood #7. PUBLIC HEARING
C. Resolution No. 04-039 (ZA04-027) Specific Use Permit for Southlake
Boarding Facility to allow a kennel. The property is located on the south
side of the 2200 block of East Continental Boulevard. Current Zoning: I-I
Light Industrial District. SPIN Neighborhood #7. PUBLIC HEARING
8. Ordinances, first readings, and related items:
A. Ordinance No. 480-440, I st Reading (ZA04-034) Zoning Change and Site
Plan for Lot I, Block 1, Pecan Creek located at 721 East Southlake
Boulevard. Current Zoning: C-2 Local Retail Commercial District.
Requested Zoning: S-P-l Detailed Site Plan District. SPIN Neighborhoodu#ge. (If approved on first reading, the public hearing will be held July 6,
2004. )
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City of Southlake
City Council meeting agenda
June 15, 2004
Page 3 of 5
9. Resolutions: (There are no items on this agenda.)
10. Other items for consideration:
A. Consider excusing members of the City Council and of the Planning and
Zoning Commission for absences from meetings.
B. Consider SP04-107, Variance to Sign Ordinance No. 704-B, Nicole Day
Spa, located at 1101 East State Highway 114, Suite 110.
C. Consider SP04-109, Variance to Sign Ordinance No. 704-B, Steak N'
Shake, located at 2640 East Southlake Boulevard.
11. Other items for discussion:
A. Regulation of donation bins.
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, June 11, 2004, by 6:00 p.m.,
pursuant to the Texas Government Code, Chapter 551.
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Lori A. Farwell, TRMC g t:: * : ~ i
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City Secretary ; '\ .: C'IJ !
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If you plan to attend this public meeting aftd,hlttlnl <<~tJility that requires special needs, please
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adVISe the CIty Secretary s Office 48 hours m advance at 817-481-1490 and reasonable
accommodations will be made to assist you.
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City of Southlake
City Council meeting agenda
June 15, 2004
Page 4 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 South lake vs. Timarron et.al. May 2001.
2. Richard W. Hart vs. City of Southlake. September 2002.
3. Architectural Utilities Limited Partnership dba AU! General Contractors vs. City
ofSouthlake. March 2003.
4. Marpave, Inc., vs. City ofSouthlake. November 2003.
5. Steve L. Perry and Aline Perry vs. City ofSouthlake. November 2003.
6. R.E. and Marilyn Smith vs. City ofSouthlake. December 2003.
7. City ofSouthlake vs. Howard E. Carr, Jr. March 2004.
8. Sutton & Associates, L.P., vs. Dolan Directional Drilling, Inc., and City of
Southlake. March 2004.
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.
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City of Southlake
City CooneU meeting agenda
June 15, 2004
Page 5 of5
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.
Section 418.183(fl: 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 418.106ldl & (el: Local meetin2s to discuss emer2encv mana2ement plans
re2ardin2 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.
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CITY OF SOUTHLAKE
DFFICIAL RECORD
REGULAR CITY COUNCIL MEETING MINUTES: JUNE 15.2004
LOCATION:
1400 Main Street, Southlake, Texas
Council Chambers in Town Hall
CITY COUNCIL PRESENT: Mayor Andy Wambsganss, Mayor Pro Tern Rex Potter,
Deputy Mayor Pro Tern Keith Shankland, and Councilmembers Gregory Jones, Carolyn
Morris, Virginia Muzyka, and John Terrell.
CITY COUNCIL ABSENT: None.
STAFF PRESENT: City Manager Billy Campbell, Assistant City Manager Shana
Yelverton, Assistant to the City Manager John Eaglen, Library Administrator Kerry
McGeath, Executive Secretary Kim Bush, Manager of Technical Services Gary Gregg,
Director of Community Services Malcolm Jackson, Deputy Director of Community
Services Steve Polasek, Director of Economic Development Greg Last, Economic
Development Specialist Stefanie Wagoner, Director of Finance Sharen Elam, Director of
Human Resources Kevin Hugman, Director of Planning Bruce Payne, Senior Planner
Dennis Killough, Director of Public Safety Rick Black, Chief of Fire Services Robert
Finn, Director of Public Works Pedram Farahnak, Deputy Director of Public Works
Charlie Thomas, 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 5:29
p.m.
City Council reviewed the agenda items with city staff and applicants. Agenda items lOA
and lOB were added to the consent agenda. The work session ended at 6:07 p.m.
REGULAR SESSION:
Agenda Item No.1. Call to order: The regular session was called to order by Mayor
Wambsganss at 6:07 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; 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 6:07 p.m. Executive Session began at 6:39 p.m. and ended at
7:18 p.m.
REGULAR CITY COUNCIL MEETING MINUTES, JUNE 15, 2004
Page 10[6
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Agenda Item No. 2B. Reconvene: Mayor Wambsganss reconvened the regular meeting at
7:19 p.m. The Mayor asked ifthere 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 Coy Quesenbury from
Lonesome Dove 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. The Mayor announced that the July 6 Council meeting has been
rescheduled to July 13. Councilmember Morris recognized Library Administrator
McGeath and thanked him and the Library staff for their work in the Library.
Agenda Item No. 4B. City Manager's Ret>ort: City Manager Campbell recognized Fire
Chief Finn and a member of the Fire Accreditation Team, Tom Wyzorick, who is
currently reviewing the Fire Department for accreditation purposes. Economic
Development Director Last updated Council on the Project Prioritization Process that will
take place at the June Retreat on June 17 and 18.
CONSENT AGENDA: Consent agenda items are considered to be routine by the City
Council and are enacted with one motion. The Mayor read the items into the record.
Agenda Item No. 5A. Approve minutes for the June 1. 2004. regular City Council
meeting. Council approved the minutes as presented.
Agenda Item No. 5B. Approve a Professional Services Agreement with Freese and
Nichols. Inc.. for inyentorying all residential water meters. using the Global Positioning
Satellite system. The City Manager presented this item during the work session.
Agenda Item No. lOA. Consider excusing members of the City Council and of the
Planning and Zoning Commission for absences from meetings. The Mayor presented this
item during the work session. Council excused the absence of P&Z Commissioner Ron
Kulpinski on June 3, 2004.
Agenda Item No. lOB. Consider SP04-107. Variance to Sign Ordinance No. 704-
B. Nicole Day Spa. located at 1101 East State Highway 114. Suite 110. Senior Planner
Killough presented this item to Council during the work session.
Motion was made to approve consent agenda Items #5A; 5B; lOA excusing the absence
ofP&Z Commissioner Ron Kulpinski on June 3, 2004; and lOB.
Motion: Jones
Second: Shankland
Ayes: Jones, Morris, Muzyka, Potter, Shankland, Terrell, Wambsganss
Nays: None
Approved: 7-0
REGULAR CITY COUNCIL MEETING MINUTES, JUNE 15, 2004
Page 2 of6
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REGULAR AGENDA:
Agenda Item No.6. Public Forum. Greg Standerfer, 201 Sheffield Court, Southlake,
Texas, spoke to Council about Board appointments.
Agenda Item No. 7A. Ordinance No. 867. 2nd Reading. Changing the street name of Pin
Oak Circle to Tuscan Ridge Circle. Senior Planner Killough presented this item to
Council. Applicant David McMahan was present to answer questions from Council. In
accordance with Section 4.21 of the City Charter, the caption for this term is listed as
follows:
AN ORDINANCE CHANGING THE NAME OF ONE STREETS LOCATED WITHIN
THE CITY PRESENTLY KNOWN AS "PIN OAK CIRCLE", EAST OF RANDOL
MILL AVENUE, NORTH OF SLEEPY HOLLOW AND SOUTH OF REGAL OAKS
DRIVE TO "TUSCAN RIDGE CIRCLE", FURTHER DESCRIBED IN EXHffilT "A";
PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING FOR THE REPEAL
OF INCONSISTENT ORDINANCES.
No one spoke during the public hearing.
Motion was made to approve Ordinance No. 867, 2nd Reading, changing the street name
of Pin Oak Circle to Tuscan Ridge Circle.
Motion: Jones
Second: Terrell
Ayes: Jones, Morris, Muzyka, Potter, Shankland, Terrell, Wambsganss
Nays: None
Approved: 7-0
Agenda Item No. 7B. Ordinance No. 480-439. 2nd Reading (ZA04-021) Zoning Change
and Concevt Plan for orooosed Lots 1. 2R1. 3. 4. and 5. Block 5. Cornerstone Business
Park located on the east side of the 300 through 500 blocks of South Nolen Drive.
Current Zoning: S-P-2 General Site Plan District and AG Agricultural District. ReQuested
Zoning: S-P-2 General Site Plan District with C-2 Local Retail Commercial District and
1-1 Light Industrial District uses. SPIN Neighborhood #7. Senior Planner Killough
presented this item to Council. Applicant Max Kruegler, 708 Nettleton Drive, Southlake,
Texas, answered questions from Council. In accordance with Section 4.21 of the City
Charter, the caption for this term 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 TRACKS llEl & IIF, SITUATED IN THE THOMAS EASTER
SURVEY, ABSTRACT NO. 474 AND LOTS 1, 2Rl, 3, 4, AND 5, BLOCK 5,
CORNERSTONE BUSINESS PARK; AND BEING APPROXIMATELY 11.572
REGULAR CITY COUNCIL MEETING MINUTES, JUNE 15, 2004
Page 3 of6
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ACRES, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHilllT "A"
FROM "AG" AGRICULTURAL DISTRICT AND "S-P-2" GENERALIZED SITE
PLAN DISTRICT TO "S-P-2" GENERALIZED SITE PLAN DISTRICT WITH "C-2"
LOCAL RETAIL COMMERCIAL USES AND "I-I" LIGHT INDUSTRIAL DISTRICT
USES TO INCLUDE HEALTH AND PHYSICAL FITNESS CENTERS AND
GYMNASIUMS, AS DEPICTED ON THE APPROVED CONCEPT PLAN
ATTACHED HERETO AND INCORPORATED HEREIN AS EXHilllT "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.
No one spoke during the public hearing.
Motion was made to approve Ordinance No. 480-439, 2nd Reading, (ZA04-02I) Zoning
Change and Concept Plan for proposed Lots 1, 2RI, 3, 4, and 5, Block 5, Cornerstone
Business Park, as approved on 1 st Reading.
Motion: Jones
Second: Muzyka
Ayes: Jones, Morris, Muzyka, Potter, Shankland, Terrell, Wambsganss
Nays: None
Approved: 7-0
Agenda Item No. 7C. Resolution No. 04-039 (ZA04-027) Specific Use Permit for
Southlake Boarding Facilitv to allow a kennel. The ~roDertv is located on the south side
of the 2200 block of East Continental Boulevard. Current Zoning: 1-1 Light Industrial
District. SPIN Neighborhood #7. Senior Planner Killough presented this item to Council.
Applicant Dave Shackelford, 1400 Vino Roso Court, Southlake, Texas, answered
questions from Council. In accordance with Section 4.21 of the City Charter, the caption
for this term is listed as follows:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOUTHLAKE,
TEXAS, GRANTING A SPECIFIC USE PERMIT FOR KENNELS ON PROPERTY
WITHIN THE CITY OF SOUTHLAKE, TEXAS, BEING LEGALLY DESCRIBED AS
THE WESTERN PORTION OF TRACT 3, GREEN MEADOW SUBDIVISION,
MORE FULLY AND COMPLETELY DESCRIBED IN EXHilllT "A", AND AS
DEPICTED ON THE APPROVED CONCEPT PLAN ATTACHED HERETO AND
INCORPORATED HEREIN AS EXHilllT "B" AND PROVIDING AN EFFECTIVE
DATE.
REGULAR CITY COUNCIL MEETING MINUTES, JUNE 15, 2004
Page 4 0[6
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No one spoke during the public hearing.
Motion was made to approve Resolution No. 04-039 (ZA04-027) Specific Use Permit for
Southlake Boarding Facility to allow a kennel subject to Revised Concept Plan Review
Summary No.2, dated June 9, 2004.
Motion: Shankland
Second: Potter
Ayes: Jones, Morris, Muzyka, Potter, Shankland, Terrell, Wambsganss
Nays: None
Approved: 7-0
Agenda Item No. 8A. Ordinance No. 480-440. 1 st Reading (ZA04-034) Zoning Change
and Site Plan for Lot 1. Block 1. Pecan Creek. located at 721 East Southlake Boulevard.
Current Zoning: C-2 Local Retail Commercial District. ReQuested Zoning: S-P-I
Detailed Site Plan District. SPIN Neighborhood #ge. Senior Planner Killough presented
this item to Council.
Motion was made to approve Ordinance No. 480-440, 1 st Reading (ZA04-034) Zoning
Change and Site Plan for Lot 1, Block 1, Pecan Creek, as approved by the Planning and
Zoning Commission and including the staff comments in the staff report.
Motion: Potter
Second: Shankland
Ayes: Jones, Morris, Muzyka, Potter, Shankland, Terrell, Wambsganss
Nays: None
Approved: 7-0
Agenda Item No. IOC. Consider SP04-I09. Variance to Sign Ordinance No. 704-B. Steak
Nt Shake. located at 2640 East Southlake Boulevard. Senior Planner Killough presented
this item to Council. Applicant Chuck Dubach owner of PIano Signs at 1200 Summit
Avenue, PIano, Texas, answered Council's questions during the work session and during
regular session.
Motion was made to deny SP04-109, variance to Sign Ordinance No. 704-B, Steak N'
Shake, located at 2640 East Southlake Boulevard.
Motion: Potter
Second: Muzyka
Ayes: Jones, Morris, Muzyka, Potter, Shankland, Terrell, Wambsganss
Nays: None
Vote: 7-0 (to deny)
Agenda Item No. llA. Regulation of donation bins. David Boyer, ATRS, 4515 South
Pinemont Boulevard, Suite 216, Houston, Texas, discussed this item with Council during
the work session.
Mayor Pro Tern Potter announced his resignation from Council. He will be moving to
Fort Worth on June 28. He thanked the Council and staff for their support over the years.
REGULAR CITY COUNCIL MEETING MINUTES, JUNE 15, 2004
Page 5 of6
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Agenda Item No. 12. Meeting adiourned. Mayor Wambsganss adjourned the meeting at
8:24 p.m.
* An audio recording of this meeting will be permanently retained in the City
Secretary's Office.
ATTEST:
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Lori A. FatWell, TRMC
City Secretary
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AndyWambsganss
Mayor
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REGULAR CITY COUNCIL MEETING MINUTES, JUNE 15, 2004
Page 60[6