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2005-02-15 Regular CC Meeting I I .e I I I I I I Ie I I I I I I I .e I CITY OF SOUTHLAKE REGULAR CITY COUNCIL MEETING: FEBRUARY 15.2005 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 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, ~51.072, 551.073, 551.074, 551.076, 551.087, 418.183(t), 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 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 advice of the city attorney regarding changes in property values based upon tax exempt status. b. Seek advice of the city attorney regarding Public Works investigation. c. Seek advice of the city attorney regarding the Economic Development Program Agreement between Southlake Phoenix Homes, Ltd. and the City of Southlake. d. Seek advice of the city attorney regarding the claim made by Kenneth and Maureen Schmiedel. e. Seek advice of the city attorney regarding the claim made by Jeff Powell. . f. Sutton & Associates, L.P., vs. Dolan Directional Drilling, Inc., and City of Southlake. 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. I' I .e I I I I I I Ie I I I I I I I .e I City of Southlake City Council meeting agenda February IS, 200S Page 2 of6 3. INVOCATION: Eric Hulet, Grace Community Church 4. REPORTS: A. Mayor's Report 1. Proclamation for United States Armed Forces Week in Southlake B. City Manager's Report C. Financial Report D. 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 February 1, 2005, regular City Council meeting. B. ZA04-098, Plat Revision for Lots 8Rl & 8R2, O.W. Knight No. 899 Addition, being a revision of Lot 8, O.W. Knight No. 899 Addition. The property is located at 150 Lilac Lane. Current Zoning: SF-IA Single Family Residential District. SPIN Neighborhood #9W. C. Consider approval of plan for the wall and entry gate for Lots 3Rl, 3R2, 4Rl, & 4R2, Block 1, The Glory Place, located at 160 and 200 East Continental Boulevard. D. Resolution No. 05-009, Call the May 7,2005, General Election; authorize a contract for election services with Tarrant County Elections Administration; and authorize a joint agreement with Carroll Independent School District for the May 7,2005, election. E. Authorize the Acting City Manager to enter into a settlement agreement with Sutton & Associates, L.P., and Dolan Directional Drilling, Inc. REGULAR AGENDA 6. Public Forum. 7. Ordinances, second readings, public hearings, and related items: I I .e I I I I I I Ie I I I I I I I .e I City of Southlake City Council meeting agenda February 15, 2005 Page 3 of6 A. Ordinance No. 598-B, 2nd Reading, Ordinance revisions establishing the Southlake Program for the Involvement of Neighborhoods (SPIN). PUBLIC HEARING B. Resolution No. 05-005, Adoption of the State Highway 114 Corridor Study as a component of the Southlake 2025 Plan, the Comprehensive Master Plan for the City of Southlake. PUBLIC HEARING 8. Ordinances, first readings, and related items: A. Ordinance No. 778-A, 18t Reading, An amendment to Noise Ordinance No. 778, modifying the definition of daytime and nighttime hours. (If approved onfirst reading, the public hearing will be March 1, 2005.) B. Ordinance No. 883, 18t Reading, An ordinance granting authorization to hold a city-wide Southlake Sidewalk Sale. (If approved on first reading, the public hearing will be March 1,2005.) 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 SP04-295, Variance to the Sign Ordinance No. 704-B for Cingular Wireless located at 2059 West Southlake Boulevard. C. Consider SP04-131, Variance to the Sign Ordinance No. 704-B for La Petite Academy located at 1400 West Southlake Boulevard. 11. Other items for discussion: (There are no items on this agenda.) 12. Meeting adjourned. I I .e I I I I I I Ie I I I I I I I .e I City of Southlake City Council meeting agenda February IS, 200S 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, February 11, 2005, by 6:00 p.m., pursuant to the Texas Government Code, Chapter 551. k- ~ ................. , ........ OUTH "'" /) ......L. <2i .......~..tI. ~ ~ ..' ~ .- -. ,'- .-: $ 0..- .x,,~ Lori A. Farwell, TRMC € ~! * \ ~ ~ City Secretary ~ (3 \ i ~ S -: \ :v,,~ ;. ... --.- $ ,. .--~- If you plan to attend this public meeting and ~ve (J.di!t17ji/i~inat requires special needs, please advise the City Secretary's Office 48 hours"'ln:~~ 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 Soutblake City Council meeting agenda February 15, 2005 Page 50f6 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, Jr. March 2004. 5. Sutton & Associates, L.P., vs. Dolan Directional Drilling, Inc., and City of Southlake. March 2004. 6. James Lancaster and wife, Catherine Lancaster vs. Gary M. Gordon d/b/a Gordon Taylor Custom Homes, Carleo A. Capili and wife, Regina Capili and John R. Griggs and wife, Sally Griggs, Jill T. Gordon, and City of Southlake. July 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. 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 February IS, 2005 Page 6 of6 Section 418.183lfl: 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 418.106ld) & le): Local meetin2s to discuss emer2encv mana2ement Dlans re2ardin2 DiDeline 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 Ie I I I I I I I Ie I omclAL RECORD CITY OF SOUTHLAKE REGULAR CITY COUNCIL MEETING MINUTES: FEBRUARY 15.. 2005 LOCATION: 1400 Main Street, Southlake, Texas Council Chambers in Town Hall CITY COUNCIL PRESENT: Mayor Andy Wambsganss, Mayor Pro Tem Keith Shankland and Deputy Mayor Pro Tern Carolyn Monis (arrived at 6:06 p.m.); and Councilmembers Laura K. Hill, Gregory Jones, Virginia M. Muzyka, and John Terrell. CITY COUNCIL ABSENT: None. STAFF PRESENT: Acting City Manager Shana Yelverton, Interim Deputy City Manager Charles Kiefer, Assistant to the City Manager Ben Thatcher, Executive Secretary Kim Bush, Manager of Information Systems Gary Gregg, Audio Visual System Technician Sam Cobb, Deputy Director of Community Services Steve Polasek, Economic Development Specialist Stefanie Wagoner, Director of Finance Sharen Elam, Director of Human Resources Kevin Hugman, Building Maintenance Val Tadlock, Director of Planning Ken Baker, Chief Planner Dennis Killough, Director of Public Safety Rick Black, Property & Evidence Officer Raymon Fullerton, Director of Public Works Pedram Farahnak, Deputy Director of Public Works Charlie Thomas, Construction Manager Clayton Redinger, City Attorney E. Allen Taylor, City Attorney Debra Drayovitch, and City Secretary Lori Farwell. WORK SESSION: The work session was called to order by Mayor Wambsganss at 5:33 p.m. City Council reviewed the agenda items with city staff and applicants. The following items were added to the consent agenda: 8A; 8B; and lOA excusing the absence of Bill Vaughan from the February 3, 2005, Planning and Zoning Commission meeting. The work session ended at 6:08 p.m. REGULAR SESSION: Agenda Item No.1. Call to order. The regular session was called or order by Mayor Wambsganss at 6:08 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 and Section 551.087, deliberation regarding economic development negotiations. City Council adjourned for Executive Session at 6:08 p.m. Executive Session began at 6:30 p.m. and ended at 7:37 p.m. Agenda Item No. 2B. Reconvene. Mayor Wambsganss reconvened the regular meeting at 7:46 p.m. The Mayor asked if there was any action necessary as a result of the Executive Session. No action was necessary. REGULAR CITY COUNCIL MEETING MINUTES, FEBRUARY 15, 2005 Page 1 of6 I I. I I I I I I I Ie I I I I I I I I. I 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. Mavor's Reoort. Mayor Wambsganss announced upcoming meetings and events and presented a proclamation for United States Armed Forces Week in Southlake to employees Raymon Fullerton, Clayton Redinger, and Val Tadlock. Economic Development Specialist Wagoner gave a brief presentation on the troop visitations at DFW Airport. Councilmember Hill presented information on the "Game Over" program on March 15 and 16. Agenda Item No. 4B. City Manager's Report. There was no City Manager's report. Agenda Item No. 4C. Financial Reoort. Director Elam presented this item to Council. Agenda Item No. 4D. Local Business Rc;a>ort. Economic Development Specialist Wagoner introduced Daniel Lopez from Salon Estetica who introduced his 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. Approve the minutes for the February 1. 2005. re2Ular City Council meeting. Approved as presented. Agenda Item No. 5B. ZA04-098. Plat Revision for Lots 8Rl & 8R2. O.W. Knight No. 899 Addition. being a revision of Lot 8. O.W. Kni2ht No. 899 Addition. The property is located at 150 Lilac Lane. Current Zoning: SF-IA Single Family Residential District. SPIN Nei2hborhood #9W. Chief Planner Killough presented this item to Council during the work session. Agenda Item No. 5C. Consider aovroval of plan for the wall and entry gate for Lots 3R1. 3R2. 4R1. & 4R2. Block 1. The Glory Place. located at 160 and 200 East Continental Boulevard. Chief Planner Killough presented this item to Council during the work session. Agenda Item No. 5D. Resolution No. 05-009. Call the May 7. 2005. General Election: authorize a contract for election services with Tarrant County Elections Administration: and authorize a 10int aszreement with Carrolllndc;a>endent School District for the Mav 7. 2005. election. 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, CALLING FOR A GENERAL ELECTION TO BE HELD ON MAY 7, 2005; REGULAR CITY COUNCIL MEETING MINUTES, FEBRUARY 15, 2005 Page 2 of6 I I. I I I I I I I I. I I I I I I I I. I 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 ADMINISTRATION; 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. Agenda Item No. 5E. Authorize the Acting City Manager to enter into a settlement agreement with Sutton & Associates. L.P.. and Dolan Directional Drilling. Inc. This item was discussed during the executive session. Agenda Item No. 8A. Ordinance No. 778-A. 1 st Reading. An amendment to Noise Ordinance No. 778. modifying the definition of daytime and nighttime hours. Director Black presented this item to Council during the work session. Agenda Item No. 8B. Ordinance No. 883. 1 st Reading. An ordinance granting authorization to hold a city-wide Southlake Sidewalk Sale. Economic Specialist Wagoner presented this item to Council 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. Mayor Wambsganss presented this item to Council during the work session. Council agreed to excuse the absence of Commissioner Bill Vaughan from the February 3, 2005 Planning and Zoning Commission meeting. Motion was made to approve the consent agenda items 5A; 5B subject to Revised Plat Review Summary No.2, dated February 9, 2005; 5C; 5D; 5E; 8A; 8B; and lOA excusing the absence of Bill Vaughan from the February 3, 2005, Planning and Zoning Commission meeting. Motion: Shankland Second: Terrell Ayes: Jones, Hill, Morris, Muzyka, Shankland, Terrell, Wambsganss Nays: None Approved: 7-0 REGULAR AGENDA: Agenda Item No.6. Public Forum. No one spoke. REGULAR CITY COUNCIL .MEETING MINUTES, FEBRUARY 15, 2005 Page 3 of6 I I. I I I I I I I I. I I I I I I I .. I Agenda Item No. 7A. Ordinance No. 598-B. 2nd Reading. Ordinance reVISIons establishing the Southlake Program for the Involvement of Neighborhoods (SPIN). Assistant to the City Manager Thatcher 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 OF THE CITY OF SOUTHLAKE ESTABLISHING THE SOUTHLAKE PROGRAM FOR THE INVOLVEMENT OF NEIGHBORHOODS (SPIN); PROVIDING FOR APPOINTMENTS TO A NEIGHBORHOOD COMMITTEE AND SPECIFYING FUNCTION; PROVIDING FOR REPEALER CLAUSE; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS ORDINANCE IS PASSED IS OPEN TO THE PUBLIC AS REQUIRED BY LAW. No one spoke during the public hearing. Motion was made to approve Ordinance No. 598-B, 2nd Reading, Ordinance revisions establishing the Southlake Program for the Involvement of Neighborhoods (SPIN). Motion: Terrell Second: Morris Ayes: Jones, Hill, Morris, Muzyka, Shankland, Terrell, Wambsganss Nays: None Approved: 7-0 The remaining agenda items were taken out of order. Agenda Item No. lOB. Consider SP04-295. Variance to the Sign Ordinance No. 704-B for Cimrolar Wireless located at 2059 West Southlake Boulevard. Chief Planner Killough presented this item to Council. Applicant Kirk Withrow with Chandler Signs was present to answer Council's questions during the work session. Motion was made to deny SP04-295, Variance to the Sign Ordinance No. 704-B for Cingular Wireless located at 2059 West Southlake Boulevard. Motion: Terrell Second: Jones Ayes: Jones, Hill, Morris, Muzyka, Shankland, Terrell, Wambsganss Nays: None Vote: 7-0 (to deny) Agenda Item No. IOC. Consider SP04-131. Variance to the Sign Ordinance No. 704-B for La Petite Academv located at 1400 West Southlake Boulevard. Chief Planner Killough presented this item to Council. Applicant Kirk Withrow with Chandler Signs answered Council's questions during the work session. Motion was made to deny SP04-131, Variance to the Sign Ordinance No. 704-B for La Petite Academy located at 1400 West Southlake Boulevard. Motion: Terrell Second: Jones REGULAR CITY COUNCIL MEETING MINUTES, FEBRUARY 15, 2005 Page 4 of6 I I. I I I I I I I I. I I I I I I I I. I Ayes: Jones, Hill, Morris, Muzyka, Shankland, Terrell, Wambsganss Nays: None Vote: 7-0 (to deny) Agenda Item No. 7A. Resolution No. 05-005. Adootion of the State Highway 114 Corridor Study as a comoonent of the Southlake 2025 Plan. the Comprehensive Master Plan for the City of Southlake. Director Baker presented this item to Council and answered their questions. Planning and Zoning Chairman Vernon Stansell, 1204 Normandy Drive, Southlake, reviewed land. use categories with Council. Planning and Zoning Commissioner Brandon Bledsoe presented the mobility and environmental recommendations. Council discussed this item. Mayor Wambsganss opened the public hearing. The following people filled out comment cards in opposition but did not wish to speak: Bill Brown opposed to rezoning of Sunshine Lane to rural two acre; Catherine Coker, 2510 Greenbough Lane, Southlake, opposed to change at Shady Lane and State Highway 114; Alice Satterfield, 2417 Greenbough Lane, Southlake, opposed to T -1 overlay on the SF- lA lots on the west side of Shady Lane; and, Tim Miller, 2509 Rolling Lane, Southlake, opposed to T-l at State Highway 114 and Shady Lane. The following people spoke: Lloyd Satterfield, 2417 Greenbough Lane, Southlake, opposed to T -1 overlay at the intersection of Shady Lane and State Highway 114. Planning and Zoning Commissioner Bill Vaughan, 401 Marshall Road, Southlake, opposed to the proposal for the southwest comer of Dove Road and State Highway 114. L.O. Brightbill, 335 East Northwest Highway (State Highway 114) spoke in support. Buck Driggers of Newland Communities spoke in support. Nancy Trissell, 615 North Shady Lane, Southlake, opposed to the proposal for the southwest comer of Dove Road and State Highway 114. J.D. Powers, 1331 North Sunshine Lane, Southlake, opposed to the rural conservation district designation on his property. David Dowd, 2900 Hillcastle, Southlake, opposed to the proposal for Shady Lane and State Highway 114. Roger Hutton, 1900 Shady Oaks, Southlake, advocates leaving the office designation at the comer of Dove Road and State Highway 114. REGULAR CITY COUNCIL MEETING MINUTES, FEBRUARY 15, 2005 Page 5 of6 I I. I I I I I I I I. I I I I I I I I. I , . Mayor Wambsganss closed the public hearing. Deputy Mayor Pro Tem Morris left the meeting at 9:39 p.m. Motion was made to approve Resolution No. 05-005, Adoption of the State Highway 114 Corridor Study as a component of the Southlake 2025 Plan, the Comprehensive Master Plan for the City of Southlake, changing the land use designation on the property located at the northwest comer of SH 114 & Carroll Ave (panatonni site) to Office Commercial, except for the lot located at the hard comer which will remain Retail Commercial; removing the single family one acre lots located on Shady Lane out of the T-l designation; moving the Vaughan property at the comer of Dove Road and State Highway 114 to the study of the properties to the west; changing Estes Park, Phase I and II, to accurately reflect it as Medium Density Residential; changing the RC-l, RC-2, and RC-3 to an overlay land use instead of a new designation; including direction to staff to research ways to encourage and require developers to bury distribution lines located on their developments; showing on the land use recommendation map what is currently designated as critical resources as tOO-year flood plain; and directing staff to include a four lane cross section of the Kirkwood extension as part of the planning for that site. Motion: Terrell Second: Muzyka Ayes: Jones, Hill, Muzyka, Shankland, Terrell, Wambsganss Nays: None Approved: 6-0 Agenda Item No. 12. Meeting ad1ourned. Mayor Wambsganss adjourned the meeting at 10:30 p.m. *An audio recording of this meeting will be permanently retained in the City Secretary's Office. ~hM Maygr fri1J~ Pe.o rem ATTEST: "",,,11I,,,,,,, "" SOU,1t "" ......,... 0<< ........ ~-,.','.,. Lkw" ~ i..),...... ..~.~\ 0... i~f ~ Y~i - : ~ :l!!: Lori A. FatWell, TRMC ; \ l ~ j C. S .... .. 0, ~ Ity ecretary \ ..... ..... $ ~ lill.. ,"" "" ..-*. ",,, ""'''"111'''''' REGULAR CITY COUNCIL MEETING MINUTES, FEBRUARY 15, 2005 Page 60f6