Item 5ACity of Southlake
CITY COUNCIL MEETING
MINUTES
October 7, 2003
CITY COUNCIL PRESENT Mayor Andy Wambsganss; Mayor Pro Tern W. Ralph Evans;
Deputy Mayor Pro Tern Rex Potter; Councilmembers: Carolyn Morris, Keith Shankland, Greg
Standerfer and Tom Stephen.
CITY COUNCIL ABSENT None.
STAFF PRESENT City Manager Billy Campbell, Assistant City Manager Shana Yelverton,
Assistant to the City Manager John Eaglen, Executive Secretary Kim Bush, Intern Ben Thatcher,
Manager of Technical Services Gary Gregg, Audio Visual Technician Pam Jordan, Director of
Community Services Malcolm Jackson, Recreation Supervisor Steve Moore, Director of
Economic Development Greg Last, 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, Public Works Director Pedram Farahnak, Deputy Director
of Public Works Charlie Thomas, City Attorney E. Allen Taylor, and Deputy City Secretary Tara
Brooks.
WORK SESSION The work session was called to order by Mayor Wambsganss at 5:35 p.m.
City Council reviewed the agenda items with city staff and applicants. Council added agenda
items 9A, 9B, 10A, and IOC to the consent agenda and announced that there would be no action
taken on agenda item 5C.
Dr. Charles O'Hearn from Southlake Emergency Care told the Council about his business.
The work session ended at 5:51 p.m. The Mayor called for a break until 6:00 p.m.
REGULAR SESSION:
Agenda Item No. 1, Call to order The regular session was called to order by Mayor
Wambsganss at 6:02 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; and Section
551.087, deliberation regarding economic development negotiations. City Council adjourned for
Executive Session at 6:02 p.m. Executive Session began at 6:14 p.m. and ended at 7:15 p.m.
Agenda Item No. 2B, Reconvene Mayor Wambsganss reconvened the regular meeting at 7:22
p.m. The Mayor asked if there was any action necessary as a result of the executive session.
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A motion was made to direct staff to initiate procedures for a tax sale for delinquent taxes on
property within Pin Oaks subdivision because the City believes in, and is supportive of the
redevelopment of that property.
Motion: Standerfer
Second:
Potter
Ayes:
Evans, Morris, Potter, Shankland, Standerfer, Stephen, Wambsganss
Nays:
None
Approved:
7 -0
Agenda Item No. 3, Invocation: The invocation was given by David Whitington from Christ Our
King Church. Mayor Wambsganss led the audience in the Pledge of Allegiance.
Agenda Item No. 4,
A. Mayor's Report: The Mayor announced upcoming meetings and events, and then invited
Director of Community Services Malcolm Jackson forward. Director Jackson presented
a plaque of recognition to Rick Stacy for his work on Southlake Parks Development
Committee and to Greg Standerfer for his work on the Joint Use Committee. He also
recognized Bobby Rawls and Tim O'Conner for their work on the Park and Recreation
Board, although they were not present to accept their plaques. Councilmember Potter
invited everyone to the Joint Drug and Alcohol Meeting on October 15, 2003.
B. City Manager's Report: There was no City Manager's Report.
C. Park and Recreation Board Report: Cara White advised the Council of upcoming events.
D. Library Board Report: A written report was given to the Council.
E. Southlake 2025 Committee: A written report was given to the Council.
F. SPIN Report: A written report was given to the Council.
G. Local Business Report: Director of Economic Development introduced Jack Shaw of
Jack Shaw's Restaurant, who introduced his business to the Council.
CONSENT AGENDA:
5A. Approve minutes for the September 16, 2003, City Council meeting_ Approved as
presented.
5B. Authorize the City Manager to execute a right of way encroachment agreement for
subdivision entrance sign at Clariden Ranch I and III. City Council approved a variance
to the sign ordinance for a subdivision entrance sign for Clariden Ranch. An entrance
sign with stone columns and a ranch style overhead sign was constructed on King Ranch
Road at North White Chapel Boulevard, identifying Clariden Ranch. Clariden Ranch III
has another street access to North White Chapel Boulevard called Clariden Ranch Road.
The developer wants to construct a subdivision entrance sign in the right -of -way of
Clariden Ranch Road at North White Chapel Boulevard similar to the one constructed at
King Ranch Road. The construction of this sign in the right -of -way will require an
encroachment agreement approved by the City Council. The developer has provided the
City with a certificate of insurance as required in the agreement.
5C. Authorize the Mayor to execute a contract for sale regarding the sale of approximately
2.232 acres of city -owned property at the northeast corner of FM 1709 and Pearson Lane
The Mayor announced that no action on this item.
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5D. Approve an interlocal agreement for funding Teen Court Program between the cities of
Southlake, Colleyville, and Grapevine. Since October 1, 1996, Southlake has
participated in sponsoring Teen Court in conjunction with the City of Grapevine and the
City of Colleyville. The proposed FY2003 -04 participation cost for the City of Southlake
will be $18,500 which has been included in the recently adopted budget.
9A. Resolution No. 03 -068, authorizing the City Attorney to acquire land located at 1356
Woodbrook Lane (Block 4 Lot 20 of the Cross Timber Hills Addition), Southlake, Texas
by the right of eminent domain for the purpose of construction of the Cross Timber Hills
Sanitary Sewer Improvements. As a part of this sewer extension project, acquisition of
the above mentioned property, 0.028 acres, was necessary for installation of a sewer
main. An offer was made and the property owners at the time, Mr. and Mrs. Castillo,
accepted to sell the required easement in exchange for waiver of a $1,300 participation
fee. In August of 1999, the property owners had the easement document notarized and
then forwarded it to Tarrant County deed records. In January 2002, staff learned that the
Castillos had forgotten to sign the document but by this time, the property had sold to Mr.
and Mrs. Perry. Staff, in conjunction with the city attorney, made several attempts to
have the Perrys execute the easement documents. The Perrys have been connected to the
City sewer system since April 2002, but have not paid the $1,300 participation or the
sewer tap fee of $1,225. Staff and the City attorney have been in direct contact with the
Perrys since the spring of 2002 for the acquisition of this easement. On August 28, 2003,
a new appraisal placed the value of the sewer easement at $900. The City attorney
forwarded the final offer to the Perrys on September 15, 2003, but as of this date, the
Perrys have not returned an executed document to the City. Since all attempts to secure
an executed document have failed, staff is recommending that Council authorize the
acquisition by right of eminent domain.
9B. Resolution No. 03 -073, authorize the City Manager to enter into a Texas Municipal
Lease - Purchase Agreement between Government Capital Corporation and the City of
Southlake for the procurement of an excavator for the Public Works department For the
past several budget years, the excavator (gradall) was an unfunded need. For FY2003 -04,
City Council approved, through its budget adoption, the expenditure of $78,000 for the
lease - purchase of an excavator. The financing structure of the lease is a tax exempt lease
purchase with an interest rate of 4.498 %. The agreement requires a commitment of the
City over the next three years with annual payments of $76,350.
10A. Approve the renaming of the Southlake Softball Complex (formerly known as Texas
School of Baseball) The Southlake Softball Complex was originally named the Texas
School of Baseball and privately operated as a baseball park and training facility. When
purchased by the City, the site was projected to become the future home of the local
softball program. As such, the former name was no longer appropriate and it was
renamed the " Southlake Softball Complex." With the softball program now scheduled to
be located at Bob Jones Park, the name of the facility once again needs to be changed.
Following direction provided by the Park Board at their May 12, 2003 meeting, staff
sought public input for the naming of the facility. The top five (5) eligible names were
submitted to the Parks Board for consideration with the " Southlake Sports Complex"
being chosen (9 -0) as a recommendation to City Council.
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IOB. Authorize the Mayor to execute an interlocal agreement between the City of Southlake
and the City of Colleyville for GIS services This is an annual interlocal agreement
between Southlake and Colleyville for shared GIS services. The agreement authorizes a
Southlake GIS analyst (Sunny Lindsey) to work for the City of Colleyville two days per
week for FY 2003 -04. This is consistent with previous GIS agreements over the last
several years. In return for the GIS man - hours, Colleyville will reimburse Southlake
$22,000 plus the cost of supplies.
IOC. Approve SP03 -028, Variance to Sign Ordinance No. 704 -A, for Southlake Emergency
Care Center located at 711 East Southlake Boulevard, Suite 300 The proposed 24 -inch
logo is larger than the maximum 12- inches of height permitted. The logo is proposed to
be centered between two lines of copy and approximately match the height of the two
lines. The total sign area including the logo and each line of copy are in compliance.
Motion was made to approve Items 5A; 513; 513; 9A; 913; 1OA; IOB and IOC.
Motion: Standerfer
Second: Shankland
Ayes: Evans, Morris, Potter, Shankland, Standerfer, Stephen, Wambsganss
Nays: None
Approved: 7 -0
REGULAR AGENDA
Agenda Item 6. Public Forum No one spoke during the public forum.
Agenda Item 7A. ZA03 -067, Revised Site Plan for Bicentennial Park. Senior Planner Dennis
Killough presented this item to Council. The Park Board, SPDC and City Council approved the
conceptual plans for the Liberty Garden site near the North White Chapel Boulevard entrance to
Bicentennial Park. Staff has since received a finalized set of construction plans and a revised
schematic depicting a true representation of the work. Since the improvements were not part of
the originally approved concept and site plan for the park, the CS (community service) zoning
district and residential adjacency standards require that a revised site plan be approved before a
building permit can be issued for construction. Both the Park Board and the Planning and Zoning
Commission have recommended approval of the plan.
No one spoke during the public hearing.
Motion was made to approve ZA03 -067 Revised Site Plan for Bicentennial Park.
Motion:
Standerfer
Second:
Stephen
Ayes:
Evans, Morris, Potter, Shankland, Standerfer, Stephen, Wambsganss
Nays:
None
Approved:
7 -0
Auenda Item 7B. Ordinance No. 857. 2nd Reading_ Denvina TXU Gas ComDanv's reauest to
chanize rates in this municibality_ as a Dart of the comDanv's Statewide Gas Utilitv Svstem.
Director of Finance Sharen Elam presented this item to the Council. On May 23, 2003, TXU
Gas Distribution Company filed a Statement of Intent to change gas rates in all municipalities
within the TXU Gas Distribution System. On June 3, 2003, the City Council approved
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Resolution No. 03 -037 to formally suspend the effective date of the proposed new rates for the
maximum period allowed by law. The resolution also authorized the joining of a coalition of
123 cities. Based on several meetings of the coalition, the steering committee has recommended
that all cities deny the rate increase.
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:
AN ORDINANCE OF THE CITY OF SOUTHLAKE, TEXAS, DENYING TXU GAS
COMPANY'S REQUEST TO CHANGE RATES IN THIS MUNICIPALITY, AS A PART OF
THE COMPANY'S STATEWIDE GAS UTILITY SYSTEM; PROVIDING A
REQUIREMENT FOR A PROMPT REIMBURSEMENT OF COSTS INCURRED BY THE
CITY; FINDING THAT THE MEETING AT WHICH THIS ORDINANCE IS PASSED IS
OPEN TO THE PUBLIC AS REQUIRED BY LAW; AND PROVIDING FOR NOTICE OF
THIS ORDINANCE TO TXU GAS COMPANY.
Motion was made to approve Ordinance No. 857, 2nd Reading.
Motion: Standerfer
Second: Stephen
Ayes: Evans, Morris, Potter, Shankland, Standerfer, Stephen, Wambsganss
Nays: None
Approved: 7 -0
Agenda Item 8A. Ordinance No. 858, 1 st Reading, providing regulations on the use, location and
display of primary flags in residential areas. Assistant City Manager Shana Yelverton presented
this item to the Council. The purpose of this ordinance is to make it illegal to prevent the display
of the American or Texas flags on residential property, provided that the flag does not exceed the
limitation of 30 square feet, is displayed no higher than 25 feet above grade (about 2 1/2 stories),
and is set back 10 feet from the property line or any easement. Only one flag of each type may
be displayed.
Councilmember Shankland stated that he was shocked when he found out that one of the
subdivisions in Southlake prohibited the flying of the American flag. He wants everyone in the
City to be able to fly the flag.
Councilmember Standerfer suggested increasing the square footage to 35 feet to allow a 7'x5'
flag.
Motion was made to approve Ordinance No. 858, 1 st reading, increasing the square footage
allowed to 3 5 feet.
Motion: Shankland
Second: Evans
Ayes: Evans, Morris, Potter, Shankland, Standerfer, Stephen, Wambsganss
Nays: None
Approved: 7 -0
Agenda Item 10D. Town Hall Use Policy The Mayor presented this item to the Council. He
stated that the School Board has requested to use the Council Chambers.
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Councilmember Potter said this issue was discussed at the last Joint Utilization Committee
meeting. Legal council has advised the City would be opening the use of the facility to other
municipalities and would also create issues with Tarrant County. Many of the City's own
committees do not use it; he believes it should be left as it is.
Councilmember Standerfer said that he invited this request and maybe the rules can be changed
to allow the School Board to use the facility if they believe there is going to be a large crowd at a
meeting, by limiting it to the members of the TIF.
Mayor Wambsganss said that the current policy does allow them to use other parts of the facility
such as the third floor conference room.
Becky Miltenburger, Vice - President Carroll School Board, wanted to know what concerns the
city has so they can be addressed. She said the current budget constraints of the district are
making them look at ways to save money and some of those ideas include closing buildings. The
board is discussing other options including the use of auditoriums at the various schools, and
they advised the council of issues that they are facing.
Robin Snyder, President Carroll School Board, advised that the School Board has discussed
options, but no final decision has been made.
Councilmember Potter suggested having a joint meeting between the council and the school
board, and suggested creating a focus group to discuss common issues.
Mayor Wambsganss said he values the relationships with the school districts, but said we still
need to create parameters.
Council decided not to take any action on this item at this time.
Agenda Item 10E. Define the scope of the Southlake 2025 Plan Steering Committee.
Councilmember Standerfer explained the reason he wanted this on the agenda tonight was
because of the miscommunication that he believes occurred at the last meeting. He had
absolutely no understanding that what Council was doing was to abolish or terminate 2025's
work; he thought the idea was to speed up the process. He said he was misled during the last
meeting — intentional or not, he does not know. He said the words "terminating 2025," or "taking
away their work," or "abolishing them," never passed anyone's lips. He has two issues: the
smaller of which he wants 2025 to complete their work; the larger issue is that he wants to be
able to trust his fellow Councilmembers. He does not want to have to look at any other
Councilmember and ask if there is some unwritten understanding between Councilmembers that
he is not privy to.
Councilmember Shankland responded to Councilmember Standerfer: "You have openly insulted
at least four members of this Council and have painted a red `C' on their chests, and I don't
appreciate it. I am insulted that you thought I came to a meeting and deceived you, when I came
to that meeting having not talked to no one before that meeting. I heard the same thing that you
heard. I did not come from that meeting thinking that we were terminating the 2025 Committee.
If you are using the newspaper as your source to base your feelings and your actions on, I think
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you need to rethink where you gather your information. You said four Councilmembers
conspired to deceive you and that is flatly false. You owe us an apology."
The Council continued to discuss the scope of the 2025 Committee.
Mayor Wambsganss said he does not believe there was any ambiguity at the last meeting.
At the request of the Mayor and Council, City Attorney E. Allen Taylor read the statement he
made at the September 16, 2003, City Council meeting: "In executive session, one of the items
that was discussed with Council was legal issues relating to our procedure for proceeding with
the implementation of our comprehensive plan update. You will recall that previously the 2025
Committee was created to do the initial study and evaluation of a vision for the community, to
identify goals and objectives, to meet with all the different citizen groups and organizations that
could assist in that. They have advised the staff and the Council that they now have a draft
interim report ready and are finalizing a final document. It has taken approximately a year and,
of course, development is moving forward and the city is quite interested in getting the master
plan update advanced as rapidly as possible. A suggestion has been presented by the Council,
that the matter be moved now from the 2025 Committee to the City's Planning and Zoning
Commission. As you all are aware, the 2025 Committee is an advisory board, in essence, to an
advisory board. They make the recommendation which will go to the Planning and Zoning
Commission; the Planning and Zoning Commission will then review that and begin to develop
implementation strategies involving Thoroughfare Plan updates, Master Land Use Plan map
updates and recommendations for development regulatory change. Those matters will then
ultimately come to the City Council for final determination. The issue now presented is, due to
the length of time this has taken and the changing work load of the Planning and Zoning
Commission, it is our understanding that the Council would prefer the staff to coordinate with
the two bodies and to begin to move the report of the 2025 Committee to the Planning and
Zoning Commission and ask the Chairman of that Commission to initiate the Planning and
Zoning Commission's review and implementation of their phase of the Master Plan Update
program. It is our understanding that that is the information that you desire us to transmit to the
two committees involved — the Planning and Zoning Commission and the 2025 Committee — and
if this is your intent, that is what staff will do later this week. Have we correctly interpreted the
Council's intent in this regard ?"
Cary Rosenburg, 504 Round Hollow Lane, Southlake, said he his hearing a lot of indecisiveness,
but what he really wants to know is if multi - family housing is proposed.
Councilmember Standerfer recommended everyone should read the Committee's vision
statement.
Mayor Wambsganss said the issue is not what is in the vision statement but what direction
Council wants to go in concerning the committee itself.
City Attorney Allen Taylor clarified that the 2025 Committee can only make recommendations
to Planning and Zoning, who can make recommendations to council.
Les Meisl, 406 Marshall Road, Southlake, said the city is confused because the Council is
confused.
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Harry Tharp, 1015 Carroll Meadows, Southlake, said he has been involved by attending SPIN
and 2025 meetings. There is no place for the public to comment during the 2025 meetings and
there has not been much public involvement so far. He wants to maintain the quality of life in
Southlake.
Doug Harsy, 2804 Tyler Street, Southlake, is glad he received the flier because it made him get
involved, and he will stay involved.
Naomi Cornelius, 702 Manchester Court, Southlake, has attended many of the 2025 meetings
and is not sure the vision statement is a comprehensive view of Southlake. She invites everyone
to get involved so the plan will reflect a majority of the people.
Terri Castro, 607 Stonebury Drive, Southlake, urged council to allow P &Z to make the decisions
about the master plan.
Maria Chase, 600 Cherry Lane, Southlake, said she was disappointed with the 2025 committee
because there is no diversity and the people on the committee have special interests.
Pamela Muller, 214 Westwood Drive, Southlake noted that everyone is concerned about the city
and has the same goals, but believes most of the presentations to the 2025 committee have been
for higher density.
Kenneth Horn wanted to make sure that P &Z would be implementing the vision statement and is
afraid with too much tinkering of the master plan, eventually there will be no resemblance to the
plan of today.
Johnny Spuriel, 905 Quail Court, Southlake, asked council to remember that high density is not
what the city wants.
Ron Kulpinski, Co- Chairman of 2025 Committee, said he wanted to give something back to the
city. He is upset about the conflicting information and believes 2025 is on schedule and the
committee is not asking for multi - family. The only major change to the document is about
smaller lots. He would like to continue the work of the committee.
Al Morin, Co- Chairman of 2025 Committee, believes the committee has worked well together
and the vision statement should not scare anyone. He believes the committee members do not
envision anything too different than what is already in place.
The following people filled out comment cards expressing their opposition to the continuation of
the 2025 Committee, but did not wish to speak:
Roseanne Swacker, 605 Stonebury Drive, Southlake
Will Castro, 607 Stonebury Drive, Southlake
Penny Pannell, 429 Kensington Court, Southlake
Mariann Nichols, 4461 Homestead Drive, Roanoke
A motion was made to allow the 2025 Committee to continue forward as scheduled and make the
presentation to Planning and Zoning with Phase I, and thereafter, Planning and Zoning take over
the rest of the phases.
Motion: Shankland
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Second: Potter
Councilmember Shankland stated that he hopes the 2025 Committee will continue to participate
and will help Planning and Zoning and be there whenever called upon to provide any kind of
information they can to help the process.
Ayes: Morris, Potter, Shankland, Wambsganss
Nays: Evans, Standerfer, Stephen
Approved: 4 -3
Agenda Item 12. Meeting adjourned With there being no further business to discuss, Mayor
Wambsganss adjourned the meeting at 9:51 p.m.
Andy Wambsganss
Mayor
ATTEST:
Tara Brooks
Deputy City Secretary
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