2005-06-21 Regular CC Meeting
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CITY OF SOUTHLAKE
REGULAR CITY COUNCIL MEETING: JUNE 21. 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 foUowine: 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 Ree:ular Session or at any
time durme: the meetine: that a need arises for the City Council to seek
advice from the City Attornev as to the oosted subject matter of this
City Council meetine:.
I. Section 551.071: Consultation with attorney
a. Seek advice of the city attorney regarding Town Hall
construction issues.
b. Seek advice of the city attorney regarding Tri-Party
Agreement for Grand Avenue.
2. Section 551.074: Deliberation ree:ardinl! oersonnel matters
a. Deliberation of appointment of a Municipal Judge.
3. 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:
Coy Quesenbury, Lonesome Dove Baptist Church
4. REPORTS:
A. Mayor's Report
B. City Manager's Report
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City of Soutblake
City Council meeting agenda
June 21, 2005
Page 2 of 5
C.
D.
Financial Report
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 June 7, 2005, regular City Council meeting.
B. Consider excusing members of the City Council and of the Planning and
Zoning Commission for absences from meetings.
C. Cancel or reschedule the July 5, 2005, regular City Council meeting.
D. Authorize the Mayor to execute an agreement with Roof Tech for water
testing, final design, bidding and construction at Town Hall.
REGULAR AGENDA
6. Public Forum.
7. Ordinances, second readings, public hearings, and related items:
A. Ordinance No. 878-A, 2nd Reading, Amending Ordinance No. 878,
amending Fiscal Year 2004-05 Annual Budget. PUBLIC HEARING
8. Ordinances, first readings, and related items:
A. Ordinance No. 480-459, 1st Reading (ZA05-024), Zoning Change and
Concept Plan for proposed Lots 1-11 and 13, Miracle Pointe, being legally
described as a portion of Tract 6Kl, J.H. Freeman Survey, Abstract No.
529. The property is located at 2200 Crooked Lane. Current Zoning: 1-1
Light Industrial District. Requested Zoning: SF-20A Single Family
Residential District. SPIN Neighborhood #8. (If approved on first reading,
a public hearing will be held July 19, 2005.)
B. Ordinance No. 480-460, 1 st Reading (ZA05-025), Zoning Change and Site
Plan for proposed Lot 12, Miracle Pointe, being legally described as a
portion of Tract 6Kl, J.H. Freeman Survey, Abstract No. 529. The
property is located at 2200 Crooked Lane. Current Zoning: 1-1 Light
Industrial District. Requested Zoning: S-P-l Detailed Site Plan District.
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City of Southlake
City Council meeting agenda
June 21, 2005
Page 3 of 5
SPIN Neighborhood #8. (If approved on first reading, a public hearing
will be held July 19, 2005.)
C. Ordinance No. 887, 1st Reading, Appoint a Municipal Judge and authorize
the Mayor to execute an agreement with the Municipal Judge and provide
an effective date. (If approved on first reading, a public hearing will be
held on July 19, 2005.)
D. Ordinance No. 888, 1 st Reading, Amending Article N of Chapter 2 of the
Code of Ordinances by establishing a new division relating to purchasing
procedures. (If approved on first reading, a public hearing will be held on
July 19, 2005.)
9. Resolutions:
A. Resolution No. 05-028, Amending the Purchasing Policy.
B. Resolution No. 05-029, Approving the City's participation in the Texas
Building and Procurement Commission Cooperative Purchasing Program.
10. Other items for consideration:
A. Approve a Homeowner's Association Right-of-Way Maintenance
Program.
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, June 17, 2005, by 6:00 p.m.,
pursuant to the Texas Government Code~,(;'JIumcm~~ 1.
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If you plan to attend this public meeting and ~tJ''l/Jsability that requires special needs, please
advise the City Secretary's Office 48 hours in advance at 817-748-8016 and reasonable
accommodations will be made to assist you.
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City of Southlake
City Council meeting agenda
June 21, 2005
Page 4 of5
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.a!. May 2001.
2. Steve L. Perry and Aline Perry vs. City ofSouthlake. November 2003.
3. R.E. and Marilyn Smith vs. City of Southlake. December 2003.
4. 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.
5. Harold Sauls vs. Robert Welch, Alton Wells, Mike Berryhill, John Doe, and City
ofSouthlake. March 2005.
Section 551.072: Deliberation re2ardin2 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 re2ardin2 prospective l!ift 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 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 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 development 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.
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City of Southlake
City Couneil meeting agenda
June 21, 2005
Page 5 of5
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 418.106(d) & (e): Local meetin2s to discuss emer2encv mana2ement olans
re2ardin2 oioeline 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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OFFICIAL RECORD
CITY OF SOUTHLAKE
REGULAR CITY COUNCIL MEETING MINUTES: JUNE 214 2005
LOCATION:
1400 Main Street, Southlake, Texas
Council Chambers in Town Hall
CITY COUNCIL PRESENT: Mayor Andy Wambsganss, Deputy Mayor Pro Tern
Carolyn Morris; and Councilmembers Laura K. Hill, Gregory Jones, Virginia M.
Muzyka, and John Terrell.
CITY COUNCIL ABSENT: Mayor Pro Tern Keith Shankland.
STAFF PRESENT: City Manager Shana Yelverton, Interim Deputy City Manager
Charles Kiefer, Assistant to the City Manager Ben Thatcher, Executive Secretary Kim
Bush, Manager of Technical Services Gary Gregg, Audio Visual Technician Pam Jordan,
Library Administrator Kerry McGeath, Director of Community Services Malcolm
Jackson, Deputy Director of Community Services Steve Polasek, Economic Development
Specialist Stefanie Wagoner, Director of Finance Sharen Elam, Municipal Court Judge
Carol Montgomery, Manager of Courts and Utility Billing Sean Leonard, Director of
Human Resources Kevin Hugman, Chief Planner Dennis Killough, Senior Planner Ben
Bryner, Director of Public Works Pedram Farahnak, Deputy Director of Public Works
Charlie Thomas, City Attorney E. Allen Taylor, City Attorney Steve Wood, Intern with
city attorney's office Corey Fickes, and City Secretary Lori Farwell.
WORK SESSION: The work session was called to order by Mayor Wambsganss at 5:36
p.m. City Council reviewed the agenda items with city staff and applicants. Agenda items
9A, 9B, and lOA were added to the consent agenda. The work session ended at 5:59 p.m.
REGULAR SESSION:
Agenda Item No.1. Call to order. The regular session was called to order by Mayor
Wambsganss at 5:59 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, and Section 551.087, deliberation regarding economic development
negotiations. City Council adjourned for Executive Session at 5 :59 p.m. Executive
Session began at 6:23 p.m. and ended at 7:40 p.m.
Agenda Item No. 2B. Reconvene. Mayor Wambsganss reconvened the regular meeting
at 7:42 p.m.
Agenda Item No.3. Invocation. The invocation was given by Coy Quesenbury from
Lonesome Dove Baptist Church. Mayor Wambsganss led the pledge of allegiance.
REGULAR CITY COUNCIL MEETING MINUTES, JUNE 21, 2005
Page 10[5
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Agenda Item No. 4A. Mayor's Reoort. Mayor Wambsganss announced upcoming
meetings and events. Deputy Mayor Pro Tern Morris thanked Paul Craig of Hibernia
Bank for working with her recently on signage and landscaping issues on their Southlake
property.
Agenda Item No. 4B. City Manager's Reoort. There was no report given.
Agenda Item No. 4C. Financial Reoort. A written report was given to Council.
Agenda Item No. 4D. Local Business Reoort. Economic Development Specialist
Wagoner introduced Tony and Margie Schmidt from Top Shelf, Home Bar Center, who
introduced their 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. Approve the minutes for the June 7. 2005. regular City Council
meeting. Approved as presented.
Agenda Item No. 5B. 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. Councilmember Terrell was absent from the June 7, 2005
City Council meeting and Commissioner Debra Edmondson was absent from the June 23,
2005 Planning and Zoning Commission meeting and will be absent from the July 7,2005
Planning and Zoning Commission meeting.
Agenda Item No. 5C. Cancel or reschedule the July 5. 2005 regular City Council
meeting. Mayor Wambsganss presented this item during the work session.
Agenda Item No. 5D. Authorize the Mayor to execute an agreement with Roof Tech for
water testing. final design. bidding and construction at Town Hall. Interim Deputy City
Manager Kiefer presented this item to Council during the work session.
Agenda Item No. 9A. Resolution No. 05-028. Amending the Purchasing Policy. Director
Elam presented this item to Council during the work session.
Agenda Item No. 9B. Resolution No. 05-029. Annroving the City's particination in the
Texas Building and Procurement Commission Cooperative Purchasing Program.
Director Elam presented this item to Council during the work session.
Agenda Item No. lOA. Apnrove a Homeowner's Association Right-of-Way Maintenance
Program. Director Elam presented this item to Council during the work session. Donald
Coonan, 612 Regency Crossing, Southlake, Texas, represented the Timarron
Homeowner's Association and addressed Council with specific issues.
REGULAR CITY COUNCIL MEETING MINUTES, JUNE 21, 2005
Page 2 0[5
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Motion was made to approve consent agenda items 5A; 5B to excuse the absences of
Councilmember Terrell from the June 7, 2005 City Council meeting and Commissioner
Debra Edmondson from the June 23, 2005, and the July 7, 2005, Planning and Zoning
Commission meetings; 5C to cancel the July 5, 2005 City Council meeting; 5D directing
the city manager to commit to the first two elements immediately - the water testing and
the construction improvement design - but deferring the implementation of the two final
parts - the bidding and construction supervision - until some of the legal, investigative
work is completed; 9A; 9B; and lOA.
Motion: Muzyka
Second: Jones
Ayes: Hill, Jones, Morris, Muzyka, Terrell, Wambsganss
Nays: None
Approved: 6-0
REGULAR AGENDA:
Agenda Item No.6. Public Forum. No one spoke during the public hearing.
Agenda Item No.7 A. Ordinance No. 878-A. 2nd Reading. Amending Ordinance No. 878.
amending Fiscal Year 2004-05 Annual Budget. Director Elam 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 COUNCIL OF THE CITY OF SOUTHLAKE,
TEXAS, REVISING THE BUDGET FIGURES FOR FISCAL YEAR 2004-05
BEGINNING OCTOBER 1, 2004, AND TERMINATING SEPTEMBER 30, 2005,
AND MAKING APPROPRIATIONS FOR EACH DEPARTMENT, PROJECT AND
ACCOUNT; REPEALING CONFLICTING ORDINANCES; PROVIDING A
SAVINGS AND SEVERABILITY CLAUSE; AND DECLARING AN EFFECTIVE
DATE.
No one spoke during the public hearing.
Motion was made to approve Ordinance No. 878-A, 2nd Reading, Amending Ordinance
No. 878, amending Fiscal Year 2004-05 Annual Budget.
Motion: Terrell
Second: Jones
Ayes: Hill, Jones, Morris, Muzyka, Terrell, Wambsganss
Nays: None
Approved: 6-0
Agenda Item No. 8A. Ordinance No. 480-459. 1st Reading (ZA05-024). Zoning Change
and Conceot Plan for proposed Lots 1-11 and 13. Miracle Pointe. being legallv described
as a portion of Tract 6Kl. J.H. Freeman Survey. Abstract No. 529. The property is
located at 2200 Crooked Lane. Current Zoning: 1-1 Light Industrial District. Requested
Zoning: SF-20A Single Family Residential District. SPIN Neighborhood #8. Chief
REGULAR CITY COUNCIL MEETING MINUTES, JUNE 21, 2005
Page 3 of5
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Planner Killough presented this item to Council. Applicant Jason Denis, 2741 Springhill
Drive, Grapevine, Texas presented this item and answered Council's questions. Council
discussed this request.
Motion was made to approve Ordinance No. 480-459, 1 st Reading (ZA05-024), Zoning
Change and Concept Plan for proposed Lots 1-11 and 13, Miracle Pointe, subject to
Concept Plan Review Summary No.3, dated June 3, 2005; subject to the Planning and
Zoning Commission's recommendation; requiring three trees to be placed on each lot
with the trees being three to four inch caliper in size and two of them placed towards the
street side and one of them placed at the discretion of the builder; requiring substantial
compliance with the picture of the entry feature shown tonight and made as an exhibit;
requiring the temporary turnaround to be permanent in appearance and made of
something other than asphalt such as brick pavers; and requiring the applicant to work
with Cambridge Place residents on fencing.
Motion: Jones
Second: Terrell
Ayes: Hill, Jones, Morris, Muzyka, Terrell, Wambsganss
Nays: None
Approved: 6-0
Agenda Item No. 8B. Ordinance No. 480-460. 1 st Reading (ZA05-025t Zoning Change
and Site Plan for proposed Lot 12. Miracle Pointe. being legally described as a portion of
Tract 6Kl. J.H. Freeman Survey. Abstract No. 529. The property is located at 2200
Crooked Lane. Current Zoning: 1-1 Light Industrial District. Requested Zoning: S-P-l
Detailed Site Plan District. SPIN Neighborhood #8. Chief Planner Killough presented
this item to Council. Applicant Jean Denis, 2741 Springhill Drive, Grapevine, Texas
presented this item to Council and answered questions. Council discussed this request.
Motion was made to approve Ordinance No. 480-460, 1 st Reading (ZA05-025), Zoning
Change and Site Plan for proposed Lot 12, Miracle Pointe, subject to Site Plan Review
Summary No.3, dated June 3, 2005, and subject to the Planning and Zoning
Commission's recommendation; allowing the proposed six foot fence to not extend to the
street beyond the front building lot of Lot 13; limiting uses as proposed tonight; and
requiring the addition of screening along the sides of the driveway with plantings with a
wrought iron gate.
Motion: Terrell
Second: Morris
Ayes: Hill, Jones, Morris, Muzyka, Terrell, Wambsganss
Nays: None
Approved: 6-0
Agenda Item No. 8C. Ordinance No. 887. 1st Reading. Appoint a Municipal Judge and
authorize the Mayor to execute an agreement with the Municipal Judge and provide an
effective date. Mayor Wambsganss presented this item to Council.
REGULAR CITY COUNCIL MEETING MINUTES, JUNE 21, 2005
Page 4 of5
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Motion was made to approve Ordinance No. 887, 1st Reading, Appointing a Municipal
Judge and authorizing the Mayor to execute an agreement with the Municipal Judge and
providing an effective date and reappointing current judge, Carol Montgomery, with an
effective date of July 17, 2005 through July 17, 2007.
Motion: Terrell
Second: Muzyka
Ayes: Hill, Jones, Morris, Muzyka, Terrell, Wambsganss
Nays: None
Approved: 6-0
Agenda Item No. 8D. Ordinance No. 888. 1st Reading. Amending Article IV of Chapter 2
of the Code of Ordinances by establishing a new division relating to purchasing
orocedures. Director Elam presented this item to Council.
Motion was made to approve Ordinance No. 888, 1 st Reading, Amending Article IV of
Chapter 2 of the Code of Ordinances by establishing a new division relating to
purchasing procedures.
Motion: Jones
Second: Morris
Ayes: Hill, Jones, Morris, Muzyka, Terrell, Wambsganss
Nays: None
Approved: 6-0
Agenda Item No. 12. Meeting ad1ourned. Mayor Wambsganss adjourned the meeting at
9:08 p.m.
*An audio recording of this meeting will be permanently retained in the City
Secretary's Office.
ATTEST:
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Andy Wambsganss
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City Secretary
REGULAR CITY COUNCIL MEETING MINUTES, JUNE 21, 2005
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