Item 5A (2)City of Southlake
CITY COUNCIL MEETING
MINUTES
October 21, 2003
CITY COUNCIL PRESENT Mayor Andy Wambsganss; Mayor Pro Tern W. Ralph Evans;
Councilmembers: Carolyn Morris, Keith Shankland, Greg Standerfer and Tom Stephen.
CITY COUNCIL ABSENT Deputy Mayor Pro Tern Rex Potter.
STAFF PRESENT Assistant City Manager Shana Yelverton, Assistant to the City Manager
John Eaglen, Executive Secretary Kim Bush, City Manager's Office Intern Ben Thatcher,
Manager of Technical Services Gary Gregg, Audio Visual Technician Pam Jordan, Director of
Community Services Malcolm Jackson, Landscape Administrator Keith Martin, 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, Director of Public Works Pedram Farahnak, Deputy
Director of Public Works Charlie Thomas, Assistant to the Director of Public Works Valerie
Bradley, City Attorney E. Allen Taylor, City Secretary Lori Farwell, and Deputy City Secretary
Tara Brooks.
WORK SESSION The work session was called to order by Mayor Wambsganss at 5:39 p.m.
City Council reviewed the agenda items with city staff and applicants. Council added agenda
items 7A, 10A, lOB, 10C, IOD, and l0E to table to November 4, 2003, 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; and Section
551.087, deliberation regarding economic development negotiations. City Council adjourned for
Executive Session at 6:08 p.m. Executive Session began at 6:22 p.m. and ended at 6:35 p.m.
Agenda Item No. 213, Reconvene Mayor Wambsganss reconvened the regular meeting at 6:53
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. 4B, City Manager's Report Assistant City Manager Shana Yelverton
addressed the recent article regarding the possibility of State Highway 114 becoming a toll road.
She spoke with a TxDOT representative who indicated the article was referring to a study being
done by TxDOT in an effort to identify funding options for state highways. That study will then
be given to the North Central Texas Council of Governments who will use it as they plan and
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prioritize future projects. State Highway 114 will open as planned without being a toll road.
Although the future cannot be predicted, it does not appear State Highway 114 is slated to
become a toll road.
Agenda Item No. 3, Invocation The invocation was given by Coy Quesenbury of 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 asked the Directors to join him in presenting a proclamation and a crystal
globe to State Representative Vicki Truitt in appreciation of her representation of the residents
and businesses of Southlake and District 98 since January of 1999. The Mayor called for a break
at 7:08 p.m. and invited everybody to the foyer for cake. The Mayor reconvened the meeting at
7:25 p.m.
CONSENT AGENDA:
5A. Approve minutes for the October 7, 2003, City Council meeting Tabled to the November
4, 2003, City Council meeting.
5B. Authorize the Mayor to execute a Professional Services Agreement with Cheatham and
Associates, Inc., to conduct Vulnerability Assessments (VA) and Emergency Response
Plans (ERP) in accordance with the Public Health Security and Bioterrorism
Preparedness and Response Act of June 12, 2002. Director of Public Safety Pedram
Farahnak presented this item to Council during the work session. On June 12, 2002,
President Bush signed the Public Health Security and Bioterrorism Preparedness and
Response Act of 2002 (Bioterrorism Act) into law. This act requires that certain
community water systems conduct Vulnerability Assessments (VA), certify to EPA that
VA's were conducted, and submit a copy of VA to EPA. This act also requires that
community water systems such as Southlake prepare or revise Emergency Response
Plans (ERP's) and certify to EPA that an ERP has been completed. The Bioterrorism Act
requires that certain community water systems (CWS) submit VA and VA certification to
EPA before June 30, 2004. The ERP must be submitted to EPA within 6 months from the
VA, but no later than December 31, 2004. Both VA and ERP are sizeable documents
requiring a substantial amount of time by staff and an EPA - trained consultant. The cost
of preparation of the two documents is estimated at $50,000 which is included in the
FY2003 -04 water system annual operating budget. The Council approved this item
subject to the City Attorney's approval.
5C. Authorize the Mayor to execute a Commercial Developer's Agreement for Harris
Methodist Southlake, an approximate six acre tract located on the south side of East
Southlake Boulevard across from Central Drive. The site plan for the Harris Methodist
Hospital was approved by City Council on April 15, 2003. The site plan includes a main
entrance driveway located across from the intersection of Central Drive and East
Southlake Boulevard. The construction of a driveway at this location, which forms the
fourth leg of a signalized intersection, will require modification of the existing traffic
signal at Central Drive and East Southlake Boulevard. The construction plans for this
modification are part of the construction plans for the site and the cost and construction
of this modification is the responsibility of the developer. The public infrastructure on
this site includes 1,950 linear feet of water line, 606 linear feet of sanitary sewer line and
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modification to the traffic signal at Central Drive and East Southlake Boulevard by
addition of signal head and the supporting mast arm to accommodate the south driveway
traffic from the Harris Methodist Hospital. There is no park fee required on this property
because it was platted prior to passage of the park land dedication requirements.
5D. Resolution No. 03 -074, Encouraging the Texas Legislature to include transportation
funding in tax reform study City Manager's Office Intern Ben Thatcher presented this
item to Council during the work session. According to studies prepared by the North
Texas Commission, the Texas Legislature has been allocating 63% of state highway user
fee revenues to fund general government services wholly unrelated to transportation. In
the interim, highway safety and urban mobility needs have become too large to handle
with the current biennial appropriated funds. The State tax code is scheduled to be
examined by the Legislature in the Spring of 2004 with an emphasis on public school
finance reform. The North Texas Commission Board of Directors, along with other
municipalities, is asking the Legislature to expand their focus to include transportation
funding as well.
5E. Ordinance No. 858, 2nd Reading, Providing regulations on the use, location, and display
of primary flags in residential areas Tabled and the public hearing continued to the
November 4, 2003, City Council meeting.
7A. Ordinance No. 480- 294b,(ZA03 -072), 1 St Reading, Zoning Change and Concept Plan for
Harris Methodist Southlake Senior Planner Dennis Killough presented this item to
Council during the work session. The primary purpose for the revision to the approved
zoning and concept plan is to address an increase in the total floor area and an increase in
the impervious coverage. The floor area increase is due to expansion of the second floor
of the building. The Planning and Zoning Commission recommended approval subject to
review and granting the requested variance.
10A. Award of bid to The Christmas Light Company for installation of holiday lighting at
Town Square, and purchase and installation of holiday lighting at Town Hall Director of
Community Services Malcolm Jackson presented this item to Council during the work
session. On October 3, 2003 the City's contract with Christmas Decor by Zenith will
expire. This is the final renewal period allowed per contract. In an effort to continue the
holiday lighting, staff prepared appropriate specifications and advertised for bids on
August 31. Only one vendor submitted a bid on this project on September 16, 2003. The
Christmas Light Company of Dallas, Texas, provided a bid in the amount of $24,673,
which is well within the budgeted amount of $40,000. The Christmas Light Company has
completed projects for the City of Keller, The Shops at Legacy, Woodbridge Community
Entrances and Golf Club. All lighting and decorations are to be installed by November
15, 2003, and removed within one week after January 1, 2004.
IOB. Consider SP03 -029, Variance to Sign Ordinance No. 704 -A, for Vermilion Subdivision
located at 2840 West Southlake Boulevard (FM 17091 Senior Planner Dennis Killough
presented this item to Council during the work session. The developers of Vermillion
Addition are asking approval of a subdivision entry sign type that is not permitted.
Subdivision entry signs are restricted to monument and attached type signs. The applicant
is proposing a ground -type sign. There are also variances requested for the setback from
property lines, height, and area.
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10C. Consider SP03 -035. Variance to Sian Ordinance No. 704 -A. for Red Saue Restaurant
located at 631 East Southlake Boulevard (FM 1709), Suite A Senior Planner Dennis
Killough presented this item to Council during the work session. The applicant is
requesting to change the color and copy on the face of the existing sign structure on the
front of the lease space. The existing sign is for Just Java and is being replaced by Red
Sage. The existing sign structure exceeds the maximum area permitted for the lease
space. The Sign Ordinance requires issuance of a new permit any time a sign is altered.
IOD. Consider SP03 -046, Variance to Sign Ordinance No. 704 -A, for Drexel Heritage
Furniture located at 1600 East Southlake Boulevard (FM 1709 ). Senior Planner Dennis
Killough presented this item to Council during the work session. The applicant is
requesting variances to the letter and logo heights and sign width. The signs are to be
placed on the south and east facades of the old Room Store building.
10E. 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
Tabled to the November 4, 2003, City Council meeting.
Motion was made to approve Items 5A to table to the November 4, 2003, City Council meeting;
513 subject to the City Attorney's approval; 5C; 513; 5E to table and to continue the public
hearing to the November 4, 2003, City Council meeting; 7A subject to Revised Concept Plan
Review Summary No. 2, dated October 3, 2003; 10A; lOB; 10C; lOD allowing for 30" letters
and a 5'8" logo on the south side, waiving the 75% coverage on the south side, and allowing 24"
letters and a 38 1 /z logo on the east side; and IOE to table to the November 4, 2003, City Council
meeting.
Motion: Shankland
Second: Morris
Items 5A to table to the November 4, 2003, City Council meeting; 513 subject to the City
Attorney's approval; 5C; 513; 5E to table and to continue the public hearing to the November 4,
2003, City Council meeting; 7A subject to Revised Concept Plan Review Summary No. 2, dated
October 3, 2003; 10A; lOB; 10C; and l0E to table to the November 4, 2003, City Council
meeting:
Ayes: Evans, Morris, Shankland, Standerfer, Stephen, Wambsganss
Nays: None
Approved: 6 -0
Item lOD allowing for 30" letters and a 5'8" logo on the south side, waiving the 75% coverage
on the south side, and allowing 24" letters and a 38 1 /z logo on the east side:
Ayes: Evans, Morris, Shankland, Stephen, Wambsganss
Nays: Standerfer
Approved: 5 -1
REGULAR AGENDA
Agenda Item 6. Public Forum Doug Calvert, 110 Stonewood Court, Southlake, Texas, addressed
Council regarding Item 5E which was tabled to the November 4 Council meeting. He stated that
Timarron has received attention recently regarding the flying of the U. S. flag and either
Timarron has done a poor job at getting their message out or the media has done a poor job in
representing their position. He clarified that at no time since the homeowners took control of the
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Timarron Homeowners Association in 2001 has any homeowner been told that they must take
down the U.S. flag, they cannot display the U.S. flag, nor has any application made by a
homeowner to display the U.S. flag been denied.
Councilmember Shankland said this item was tabled until the next meeting in order to receive
input from the Homeowner's Associations. In talking with Timarron HOA representatives, they
have come up with some constructive suggestions to the ordinance which will make it a better
ordinance. He looks forward to meeting with the HOA representatives tomorrow night for
additional input on this ordinance.
Agenda Item 7B. ZA03 -043, Revised Site Plan for Harris Methodist Southlake. Senior Planner
Dennis Killough presented this item to the Council. The primary purpose for the revised site plan
is due to the increase in floor area for Phase 1 construction. The Planning and Zoning
Commission recommended approval subject to the review and granting the requested variance.
No one spoke during the public hearing.
Motion was made to approve ZA03 -043 subject to Site Plan Review Summary No. 3, dated
October 3, 2003, granting the requested variances.
Motion: Morris
Second: Shankland
Ayes: Evans, Morris, Shankland, Standerfer, Stephen, Wambsganss
Nays: None
Approved: 6 -0
Agenda Item 7C. ZA03 -068, Revised Site Plan for Gateway Plaza, Phase IL Senior Planner
Dennis Killough presented this item to the Council. This pad site was approved on the previous
site plan for this property but did not have a specific design for the building and exterior
elevations. A variance to articulation is being requested on the west side of the building. The
Planning and Zoning Commission recommended approval subject to the review and granting the
requested variance. Applicant Terry Wilkinson, 751 East Southlake Boulevard, Southlake,
answered Council's questions. Mr. Wilkinson said he will meet the landscape requirements.
No one spoke during the public hearing.
Motion was made to approve ZA03 -068 subject to Site Plan Review Summary No. 2, dated
October 3, 2003, granting the requested variances.
Motion: Standerfer
Second: Evans
Ayes: Evans, Morris, Shankland, Standerfer, Stephen, Wambsganss
Nays: None
Approved: 6 -0
Auenda Item 7D. ZA03 -069. Revised Site Plan for Gatewav Plaza_ Phase IL Senior Planner
Dennis Killough presented this item to the Council. The Planning and Zoning Commission
recommended approval subject to review as presented. Applicant Terry Wilkinson, 751 East
Southlake Boulevard, Southlake, answered Council's questions. Mr. Wilkinson said he will save
the trees along FM1709 with the exception of one tree that may have to be removed due to the
installation of a box culvert.
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No one spoke during the public hearing.
Motion was made to approve ZA03 -069 subject to Site Plan Review Summary No. 2, dated
October 3, 2003, with no requested variances.
Motion: Standerfer
Second:
Evans
Ayes:
Evans, Morris, Shankland, Standerfer, Stephen, Wambsganss
Nays:
None
Approved:
6 -0
Agenda Item IOF. Referral to the Tarrant County Criminal District Attorneys office for
investigation and prosecution, if appropriate, violations of the Open Meetings Act relating to
consideration of the 2025 Committee agenda item on the October 7, 2003, City Council agenda
Mayor Wambsganss said Council went through a difficult meeting last time, and it is with great
disappointment that meetings like that take place. He would hate to see working relationships
negatively impacted. He would encourage Councilmember Standerfer or anyone else that if they
think there are issues there, to take it to the District Attorney. He does not think this is an item
for the Council to address; he believes it should be taken directly to the District Attorney but said
Council will go ahead and discuss it in a respectful manner.
Councilmember Standerfer said he requested this item to be placed on the agenda because he has
received several phone calls from people telling him that the statement was made that the four
votes were already there to kill the 2025 Committee. In his opinion, the only way that type of a
statement can be made is if somebody has communicated, directly or indirectly, about a matter
on an agenda. He doesn't know whether or not it happened; he is basing his request to have this
on the agenda on what he has been told. Council needs to have an independent, third party look
at this.
Councilmember Shankland said that for this item to be put on the agenda, knowing it could be
taken directly to the District Attorney instead, by someone who isn't sure whether or not
something happened - surprises him. He said he is shocked.
Councilmember Morris said she has been very concerned about the long -term affect of this false
charge on the ability for this Council to work together. The action of one Councilmember has a
far - reaching affect. The Council has got to continue to work for the City's business. Records will
indicate that Council has voted together more often than not, but we do all represent a diverse
population and philosophies and there will be votes that reflect that. She thinks Council needs to
move forward and not bring up charges that are based on hearsay and have no justification or
merit.
Motion was made to deny the action requested in Item IOF.
Motion: Morris
Second: Shankland
Ayes: Morris, Shankland, Wambsganss
Nays: Standerfer, Stephen
Abstains: Evans
Approved: 3 -2 -1
Motion failed.
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Motion was made to refer the action requested in Item IOF.
Motion:
Standerfer
Second:
Stephen
Ayes:
Stephen, Standerfer
Nays:
Morris, Shankland, Wambsganss
Abstains:
Evans
Approved:
2 -3 -1
Motion failed.
Agenda Item 12. Meeting adjourned With there being no further business to discuss, Mayor
Wambsganss adjourned the meeting at 8:14 p.m.
Andy Wambsganss
Mayor
ATTEST:
Lori A. Farwell
City Secretary
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