2005-02-01 Regular CC Meeting
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CITY OF SOUTHLAKE
REGULAR CITY COUNCIL MEETING: FEBRUARY 1. 2005
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 followin2 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 mav be held..
under these exceotions. at the end of the R.e2ular Session or at anv
time durin2 the meetin2 that a need arises for the City CouncD to seek
advice from the City Attornev as to the oosted subiectmatter of this
City CouncD meetin2.
1. Section 551.071: Consultation with attornev
a. Seek advice of the city attorney regarding water back
billing.
b. Seek advice of the city attorney regarding changes in
property values based upon tax exempt status.
c. Seek advice of the city attorney regarding Public Works
investigation.
2. Section 551.074: DeUberation rel!ardin2 oenonnel matten
a. Deliberate the appointment of an Alternate Municipal
Judge.
3. Section 551.087: DeUberation rel!ardin2 economic develooment
nel!otiations
a. Economic incentives for businesses.
B. Reconvene: Action necessary on items discussed in Executive Session.
3. INVOCATION: Eric Hulet, Grace Community Church
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City of Southlake
City Council meeting agenda
February 1, 2005
Page 2 of6
4. REPORTS:
A. Mayor's Report
1. Proclamation to the American Heart Association for "Wear Red
Day for Women"
B. City Manager's Report
C. SPIN Board Report
D. Library Board Report
E. Park and Recreation Board Report
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 the minutes for the January 18, 2005, regular City Council
meeting.
B. Authorize the Mayor to execute a Scope of Service Agreement with the
Southlake Chamber of Commerce for 2004-2005.
C. Resolution No. 05-008, (ZA04-090), Specific Use Permit for a
telecommunications antenna located on Lot lR, Block 1, Carroll High
School Addition located at 1501 West Southlake Boulevard. Current
Zoning: S-P-l Detailed Site Plan District. SPIN Neighborhood #16. THIS
ITEM HAS BEEN TABLED TO THE MARCH 1, 2005, CITY
COUNCIL MEETING.
D. Authorize the Acting City Manager to enter into a letter of agreement with
Charles R. Kiefer to perform the duties of Interim Deputy City Manager.
REGULAR AGENDA
6. Public Forum.
7. Ordinances, second readings, public hearings, and related items:
A. Ordinance No. 882, 2nd Reading, Appointing an Alternate Municipal
Judge and authorizing the Mayor to execute an agreement with the
Alternate Municipal Judge and providing an effective date. PUBLIC
HEARING
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City of Southlake
City Council meeting agenda
February 1, 2005
Page 3 of 6
B. Ordinance No. 598-B, 2nd Reading, Ordinance revisions establishing the
Southlake Program for the Involvement of Neighborhoods (SPIN).
PUBLIC HEARING
C. Resolution No. 05-007, (ZA04-106), Specific Use Permit to allow a Mass
Gathering for the Kelly Miller Circus. The circus will take place on
property located on the southwest comer of North White Chapel
Boulevard and State Highway 114. Current Zoning: C-l Neighborhood
Commercial District and AG Agricultural District. SPIN Neighborhood
#11. PUBLIC HEARING
8. Ordinances, first readings, and related items: (There are no items on this agenda.)
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 SP05-023, Variance to the Sign Ordinance No. 704-B for
Albertson's located at 2201 West Southlake Boulevard.
C. Consider SP05-014, Variance to the Sign Ordinance No. 704-B for
Anderson's Furniture & Design Gallery located at 2140 East Southlake
Boulevard, Suite R.
11. Other items for discussion:
A. Southlake Sidewalk Sale Ordinance.
B. Potential amendments to Sign Ordinance No. 704-B.
C. Revised purchasing policy.
12. Meeting adjourned.
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City of Southlake
City Couneil meeting agenda
February 1, 2005
Page 4 of6
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 28, 2005, by 6:00 p.m.,
pursuant to the Texas Government Code, Chapter 551.
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lfyou plan to attend this public meeting anll'hp.~...is<<lJt1ity that requires special needs, please
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advise the City Secretary's Office 48 hours '/N1'aavance at 817-481-1490 and reasonable
accommodations will be made to assist you.
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City of Southlake
City Council meeting agenda
February 1, 2005
Page 5 of6
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. Steve L. Perry and Aline Perry vs. City ofSouthlake. November 2003.
3. R.E. and Marilyn Smith vs. City ofSouthlake. December 2003.
4. City of Southlake vs. Howard E. Carr, Ir. March 2004.
5. lames Lancaster and wife, Catherine Lancaster vs. Gary M. Gordon d/b/a Gordon
Taylor Custom Homes, Carleo A. Capili and wife, Regina Capili and Iohn R.
Griggs and wife, Sally Griggs, Iill T. Gordon, and City ofSouthlake. Iuly 2004.
Section 551.072: Deliberation ree:ardine: 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 ret!ardine: orosoective e:iftor 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 ree:ardine: 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 Iudge 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 ree:ardine: security devices
The City Council may deliberate the deployment, or specific occasions for
implementation of security personnel or devices.
Section 551.087: Deliberation ret!ardine: economic develooment net!otiations
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
City Council meeting agenda
February I, 2005
Page 6 of6
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 418.106ldl & (el: Local meetine;s to discuss emer2encv mana2ement ~Ians
re2ardin2 nipeline 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
OffICIAL RECORD
REGULAR CITY COUNCIL MEETING MINUTES: FEBRUARY 1. 2005
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LOCATION:
1400 Main Street, Southlake, Texas
Council Chambers in Town Hall
CITY COUNCIL PRESENT: Mayor Andy Wambsganss, Mayor Pro Tern Keith Shankland
and Deputy Mayor Pro Tern Carolyn Morris; and Councilmembers Laura K. Hill, Gregory Jones,
Virginia M. Muzyka, and John Terrell.
CITY COUNCIL ABSENT: None.
STAFF PRESENT: Acting City Manager Shana Yelverton, Assistant to the City Manager Ben
Thatcher, Executive Secretary Kim Bush, Library Administrator Kerry McGeath, Manager of
Information Systems Gary Gregg, Audio Visual System Technician Pam Jordan, Information
Systems Technician Slaven Manning, 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 Ken Baker, Chief
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, City Attorney Tim Sralla, Deputy City Secretary Tara Brooks, and City Secretary Lori
Farwell.
WORK SESSION: The work session was called to order by Mayor Wambsganss at 5:32 p.m.
City Council reviewed the agenda items with city staff and applicants. The following items were
added to the consent agenda: 5A; 5B; 5C; 5D; 7B to table to the February 15,2005, City Council
meeting; lOA excusing the absences of Michael Springer and Vernon Stansell from the January
20, 2005, Planning and Zoning Commission meeting; lOB; and 10C. The work session ended at
6:26 p.m.
REGULAR SESSION:
Agenda Item No.1. Call to order. The regular seSSIOn was called or order by Mayor
Wambsganss at 6:26 p.m.
Agenda Item No. 2A. Executive Session. Mayor Wambsganss announced the City Council
would be going into Executive Session pursuant to the Texas Government Code, Section
551.071, consultation with city attorney; Section 551.074, deliberation regarding personnel
matters; Section 551.087, deliberation regarding economic development negotiations. City
Council adjourned for Executive Session at 6:26 p.m. Executive Session began at 6:47 p.m. and
ended at 7:32 p.m.
REGULAR CITY COUNCIL MEETING MINUTES, FEBRUARY 1, 2005
Page 10[5
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Agenda Item No. 2B. Reconvene. Mayor Wambsganss reconvened the regular meeting at 7:39
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 Eric Hulet from Grace Community
Church. Mayor Wambsganss led the pledge of allegiance.
Agenda Item No. 4A. Mayor's Reoort. Mayor Wambsganss announced upcoming meetings and
events. Mayor Wambsganss presented a proclamation to Cindy Bollum from the American Heart
Association for "Wear Red for Women Day."
Agenda Item No. 4B. City Manager's Report. There was no report given.
Agenda Item No. 4C. SPIN Reoort. Craig Rothmeier, SPIN Representative for Neighborhood
#ge, announced upcoming SPIN meetings.
Agenda Item No. 4D. Library Board Reoort. A written report was included in Council's packet.
Agenda Item No. 4E. Park and Recreation Board Report. Boardmember Mary Georgia
announced upcoming events and meetings.
Agenda Item No. 4E. Local Business Reoort. Director Last introduced business owner Carl
Lowery from Circa Design Showroom who introduced his new business to 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. Apurove the minutes for the January 18. 2005. regular City Council
meeting. Approved as presented.
Agenda Item No. 5B. Authorize the Mayor to execute a Scope of Service Agreement with the
Southlake Chamber of Commerce for 2004-2005. Director Last presented this item to Council
during the work session.
Agenda Item No. 5C. Resolution No. 05-008. (ZA04-090t Specific Use Permit for a
telecommunications antenna located on Lot lR. Block 1. Carroll High School Addition located
at 1501 West Southlake Boulevard. Current Zoning: S-P-l Detailed Site Plan District. SPIN
Neighborhood #16. The applicant requested to table this item to the March 1,2005, City Council
meeting.
Agenda Item No. 5D. Authorize the Acting City Manager to enter into a letter of agreement with
Charles R. Kiefer to perform the duties of Interim Deouty City Manager. Acting City Manager
Yelverton presented this item to Council during the work session.
REGULAR CITY COUNCIL MEETING MINUTES, FEBRUARY 1, 2005
Page 2 0[5
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Agenda Item No. 7B. Ordinance No. 598-B. 2nd Reading. Ordinance revisions establishing the
Southlake Program for the Involvement of Neighborhoods (SPIN). Staff requested to table this
item to the February 15, 2005, City Council meeting.
Agenda Item No. lOA. Consider excusing members of the City Council and of the Planning and
Zoning Commission for absences from meetings. Mayor Wambsganss presented this item to
Council during the work session. Council excused the absence of Chairman Vernon Stansell and
Commissioner Mike Springer from the January 20, 2005, Planning and Zoning Commission
meeting.
Agenda Item No. lOB. Consider SP05-023. Variance to the Sign Ordinance No. 704-B for
Albertson's located at 2201 West Southlake Boulevard. Chief Planner Killough presented this
item to Council during the work session.
Agenda Item No. lOCo Consider SP05-014. Variance to the Sign Ordinance No. 704-B for
Anderson's Furniture & Design Gallery located at 2140 East Southlake Boulevard. Suite R.
Chief Planner Killough presented this item to Council during the work session. Applicant Erica
Johnson, 2140 East Southlake Boulevard, Southlake, answered Council's questions.
Motion was made to approve the consent agenda items 5A; 5B; 5C; 5D; 7B to table to the
February 15, 2005, City Council meeting; lOA excusing the absences of Michael Springer and
Vernon Stansell from the January 20, 2005, Planning and Zoning Commission meeting; lOB;
and lOCo
Motion:
Second:
Ayes:
Nays:
Approved:
Shankland
Terrell
Jones, Hill, Morris, Muzyka, Shankland, Terrell, Wambsganss
None
7-0
REGULAR AGENDA:
Agenda Item No.6. Public Forum. No one spoke during the public forum.
Agenda Item No. 7 A. Ordinance No. 882. 2nd Reading. Aooointing an Alternate Municipal Judge
and authorizing the Mavor to execute an agreement with the Alternate Municioal Judge and
oroviding an effective date. Mayor Wambsganss presented this item to Council. In accordance
with Section 4.21 of the City Charter, the caption for this term is listed as follows:
AN ORDINANCE APPOINTING AN ALTERNATE MUNICIPAL JUDGE AND
AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH THE ALTERNATE
MUNICIPAL JUDGE; AND PROVIDING AN EFFECTIVE DATE.
No one spoke during the public hearing.
REGULAR CITY COUNCIL MEETING MINUTES, FEBRUARY 1, 2005
Page 3 of5
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Motion was made to approve Ordinance No. 882, 2nd Reading, Appointing an Alternate
Municipal Judge being Gary Lee Hach and authorizing the Mayor to execute an agreement with
the Alternate Municipal Judge and providing an effective date of February 1, 2005.
Motion: Shmlldand
Second: Terrell
Ayes: Jones, Hill, Morris, Muzyka, Shmlldand, Terrell, Wambsganss
Nays: None
Approved: 7-0
Agenda Item No. 7C. Resolution No. 05-007. (ZA04-106)' Specific Use Permit to allow a Mass
Gathering for the Kelly Miller Circus. The circus will take place on 1>ropertv located on the
southwest comer of North White Chanel Boulevard and State Highway 114. Current Zoning: C-l
Neighborhood Commercial District and AG Agricultural District. SPIN Neighborhood #11.
Chief Planner Killough presented this item to Council. Applicant Milton Glenn, 1423
Kensington Court, Southlake, and secretary of the Kiwanis Club answered Council's questions
and introduced David Rawls, owner of Kelly Miller Circus. Chris Farris, 137 Welford Lane,
Southlake, advised Council that local veterinarian Dr. Moore has a clinic nearby and has agreed
to oversee the animals during the circus. 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 A MASS GATHERING EVENT FOR THE
KELLY MILLER CIRCUS ON PROPERTY WITHIN THE CITY OF SOUTHLAKE, TEXAS,
BEING LEGALLY DESCRIBED AS LOT 1, BLOCK A, RAVENAUX VILLAGE AND
TRACT 6J, SITUATED IN THE THOMAS M. HOOD SURVEY, ABSTRACT NO. 706,
MORE FULLY AND COMPLETELY DESCRIBED IN EXHffiIT "A," AND AS DEPICTED
ON THE APPROVED SITE 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. 05-007, (ZA04-106), Specific Use Permit to allow
a Mass Gathering for the Kelly Miller Circus granting a variance on the requirement of a deposit
for the water meter but requiring a letter of liability for damage of the meter; granting a variance
from the lighting ordinance as requested; as approved by the Planning and Zoning Commission
meeting, as presented.
Motion: Shmlldand
Second: Terrell
Ayes: Jones, Hill, Morris, Muzyka, Shankland, Terrell, Wambsganss
Nays: None
Approved: 7-0
Agenda Item No. l1A. Southlake Sidewalk Sale Ordinance. Director Last presented this item to
Council during the work session.
REGULAR CITY COUNCIL MEETING MINUTES, FEBRUARY 1, 2005
Page 4 of5
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Agenda Item No. lIB. Potential amendments to Sign Ordinance No. 704-B. Director Baker
presented this item to Council during the work session.
Agenda Item No. 11 C. Revised purchasing policy. Director Elam presented this item to Council
during the work session.
Agenda Item No. 12. Meeting adiourned. Mayor Wambsganss adjourned the meeting at 8:37
p.m.
*An audio recording of this meeting wiU be permanently retained in the City Secretary's
Office.
ATTEST:
Wri~~~
City Secretary
-AG
Andy Wambsganss
Mayor
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REGULAR CITY COUNCIL MEETING MINUTES, FEBRUARY 1, 2005
Page 5 0[5