2004-01-06
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CITY OF SOUTHLAKE
REGULAR CITY COUNCIL MEETING MINUTES: JANUARY 6. 2004
LOCATION:
1400 Main Street, Southlake, Texas
Council Chambers in Town Hall
CITY COUNCIL PRESENT: Mayor Andy Wambsganss, Mayor Pro Tem W. Ralph Evans,
Deputy Mayor Pro Tem Rex Potter, and Councilmembers Carolyn Morris, Greg Standerfer, and
Tom Stephen.
CITY COUNCIL ABSENT: Councilmember Keith Shankland.
STAFF PRESENT: City Manager Billy Campbell, Assistant City Manager Shana Yelverton,
Executive Secretary Kim Bush, Assistant to the City Manager John Eaglen, Manager of
Technical Services Gary Gregg, Audio Visual Technician Pam Jordan, Technical Services
Information Systems Technician Sam Cobb, Director of Community Services Malcolm Jackson,
Director of Economic Development Greg Last, Director of Finance Sharen Elam, Director of
Human Resources Kevin Hugman, Director of Public Works Pedram Farahnak, Deputy Director
of Community Services Steve Polasek, Director of Planning Bruce Payne, Senior Planner Dennis
Killough, Director of Public Safety Rick Black, Police Chief Marlin Price, Deputy Director of
Public Works Charlie Thomas, Assistant to the Director of Public Works Valerie Bradley, City
Manager's Office Intern Ben Thatcher, Library Administrator Kerry McGeath, Deputy City
Secretary Tara Brooks, City Attorney E. Allen Taylor, and City Secretary Lori Farwell.
WORK SESSION: The work session was called to order by Mayor Wambsganss at 5:44 p.m.
City Council reviewed the agenda items with city staff and applicants. Agenda items 9A and 9B
were added to the consent agenda for approval, and Item lOA was tabled on the consent agenda.
The work session ended at 6:19 p.m.
REGULAR SESSION:
Agenda Item No.1. Call to order: The regular seSSIon was called to order by Mayor
Wambsganss at 6:19 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 6:19 p.m. Executive Session began at 6:24 p.m. and ended at 7:15 p.m.
Agenda Item No. 2B. Reconvene: Mayor Wambsganss reconvened the regular meeting at 7:25
p.m. The Mayor asked if there was any action necessary as a result of the executive session. No
action was necessary.
CITY COUNCIL MEETING MINUTES, JANUARY 6, 2004
PAGE10F5
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Agenda Item No.3. Invocation: The invocation was given by Bill Ramsey of Metroport Cities
Church. Mayor Wambsganss led the audience in the Pledge of Allegiance.
Agenda Item No. 4A. Mayor's Reoort: Mayor Wambsganss announced upcoming meetings and
events. The Mayor announced that Councilmember Keith Shankland's absence at tonight's
meeting is excused by the Council.
Agenda Item No. 4B. City Manager's ReJlort: City Manager Campbell said that Assistant City
Manager Shana Yelverton can address any questions regarding the State Highway 114
celebration scheduled for February 7,2004. The celebration will take place at the intersection of
State Highway 114 and Carroll Avenue and will begin at 8:00 a.m.
Agenda Item No. 4C. Library Board Reoort: A written report was included in Council's packets.
Agenda Item No. 4D. SPIN ReJlort: A written report was included in Council's packets.
Agenda Item No. 4E. Park and Recreation Board Reoort: Boardmember Mary Georgia discussed
upcoming Board meetings and events.
Agenda Item No. 4F. Local Business ReJlort: Economic Development Director Greg Last
introduced Anita Miller, owner of Designer Studio, who presented information on her Southlake
business.
CONSENT AGENDA: Consent agenda items are considered to be routine by the City Council
and are enacted with one motion.
Agenda Item No. SA. ADprove minutes for the December 16. 2003. regular City Council
meeting. Council approved as presented.
Agenda Item No. 5B. ADDrove renewal of contract with American Landscape Systems for
landscane maintenance of Town Square DubHc areas. Deputy Director of Community Services
Steve Polasek presented this item to Council during the work session.
Agenda Item No. 5C. ADDrove Resolution No. 04-001. AD pointing the Chair for the Board of
Directors of Tax Increment Reinvestment Zone Number One. City of Southlake. Texas. for
2004. Council approved Rex Potter as the Chair for the Board of Directors of Tax Increment
Reinvestment Zone Number One, City of Southlake, Texas, for 2004.
Agenda Item No. 9A. Resolution No. 98-068B. Amending Resolution No. 98-068A regarding
the Joint Drug and Alcohol Awareness Committee. Deputy Mayor Pro Tem Rex Potter and
Committee Chairman Brad Bartholemew, 1004 Hidden Knoll Court, Southlake, Texas, presented
this item to Council during the work session. Council agreed to approve this item on consent
eliminating the provision of proxy voting and allowing for alternates to serve in the absence of
the regular appointed members.
Agenda Item No. 9B. Resolution No. 04-003. Authorizing the City Attorney to acquire the
following easements by the right of eminent domain for the Dumose of construction and
maintenance of the 42" water transmission line from the Caylor Water Tank to Pearson Lane: n
a 20' wide Dermanent waterline easement (0.142 acre/6.190 sq. ft.) and a 50' wide temporary
CITY COUNCIL MEETING MINUTES, JANUARY 6, 2004
PAGE20F5
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construction easement (0.438 at:,re/ 19.004 SQ. ft.) on land located in the R.F. Allen Survev.
Abstrat:,t No. 29. located in Keller. Texas and owned bv PJRD Development Company: 2) a 20'
wide permanent waterline easement (0.177 acre/ 7.718 sq. ft.) and a 50' wide temoorary
construction easement (0.431 at:,re/ 18.769 sq. ft.) on land located in the R.F. Allen Survey.
Abstrat:,t No. 29. located in Keller. Texas and owned bv Gerald Don Whigham and Joan
Whigham: and 3) a 25' wide Dermanent waterline easement (1.389 at:,res/ 60.509 sa. ft.) and a 50'
wide temporary construction easement (2.691 at:,res/ 117.226 sq. ft.) on land located in the R.F.
Allen Survev. Abstrat:,t No. 29. located in Keller. Texas. and owned bv Richard J. Gibson.
Director of Public Works Pedram Farahnak presented this item to Council during the work
session.
Agenda Item No. lOA. Consider SP03-115. Variance to Sign Ordinance No. 704-A. for 114
Kimball Square located at 2360 East State Highwav 114. Senior Planner Dennis Killough
presented this item to Council during the work session. Applicant Roy Kindred, 4245 North
Central Expressway, Dallas, Texas, addressed Council's questions. After talking with Council,
Mr. Kindred asked to table this item.
Motion was made to approve Items SA as presented; 5B; 5C approving Rex Potter as Chair for
the Board of Directors of the Tax fucrement Reinvestment Zone Number One for 2004; 9A
eliminating the provision of proxy voting and allowing for alternates to serve in the absence of
the regular appointed members; 9B; and tabling Item lOA.
Motion: Standerfer
Second: Stephen
Item SA:
Ayes:
Nays:
Abstain:
Approved:
Evans, Potter, Standerfer, Stephen, Wambsganss
None
Morris
5-0-1
Items 5B; 5C approving Rex Potter as Chair for the Board of Directors of the Tax fucrement
Reinvestment Zone Number One for 2004; 9A eliminating the provision of proxy voting and
allowing for alternates to serve in the absence of the regular appointed members; 9B; and tabling
Item lOA:
Ayes:
Nays:
Approved:
Evans, Morris, Potter, Standerfer, Stephen, Wambsganss
None
6-0
REGULAR AGENDA:
Agenda Item No.6. Public Forum. No one spoke.
Agenda Item No. 7 A. Ordinance No. 480-428. 2nd Reading. (ZA03-077) Zoning Change for Lot
1. Block 1. Father Joe Addition. located at 2440 Johnson Road. Current Zoning: CS Community
Service District. Requested Zoning: SF-IA Single Familv Residential District. SPIN
Neighborhood #15. Senior Planner Dennis Killough presented this item to Council. Applicant
Derrell Johnson answered Council's questions. fu at:,cordance with Section 4.21 of the City
Charter, the caption for this item is listed as follows:
CITY COUNCIL MEETING MINUTES, JANUARY 6, 2004
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AN ORDINANCE AMENDING ORDINANCE NO. 480, AS AMENDED, THE
COMPREHENSNE ZONING ORDINANCE OF THE CITY OF SOUTHLAKE, TEXAS;
GRANTING A ZONING CHANGE ON A CERTAIN TRACT OR TRACTS OF LAND
WITHIN THE CITY OF SOUTHLAKE, TEXAS BEING LEGALLY DESCRIBED AS LOT 1,
BLOCK 1, FATHER JOE ADDITION AND THE ADJOINING AREA DEDICATED FOR
JOHNSON COURT, BEING APPROXIMATELY 9.99 ACRES, AND MORE FULLY AND
COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "CS" COMMUNITY SERVICE
DISTRICT TO "SF-IA" SINGLE FAMILY RESIDENTIAL DISTRICT, SUBJECT TO THE
SPECIFIC REQUIREMENTS CONTAINED IN THIS ORDINANCE; CORRECTING THE
OFFICIAL ZONING MAP; PRESERVING ALL OTHER PORTIONS OF THE ZONING
ORDINANCE; DETERMINING THAT THE PUBLIC INTEREST, MORALS AND
GENERAL WELFARE DEMAND THE ZONING CHANGES AND AMENDMENTS
HEREIN MADE; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF
ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A
PENALTY FOR VIOLATIONS HEREOF; PROVIDING A SAVINGS CLAUSE; PROVIDING
FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTNE
DATE.
No one spoke during the public hearing.
Motion was made to approve Ordinance No. 480-428, 2nd Reading, (ZA03-077).
Motion: Standerfer
Second: Evans
Ayes: Evans, Morris, Potter, Standerfer, Stephen, Wambsganss
Nays: None
Approved: 6-0
Agenda Item No. 7B. ZA03-071. Site Plan for Cedar Ridge Offices located on the east side of
the intersection of State Highwav 114 and East Highland Street. Current ZoninlZ: C-3 General
Commercial District. SPIN Neighborhood #6. Senior Planner Dennis Killough presented this
item to Council. Council discussed this request. Architect Jack O'Brien of O'Brien and
Associates and Applicant John Napper of Panattoni, 5950 Bergshire, Dallas, Texas, answered
Council's questions and made a formal presentation to Council.
No one spoke during the public hearing.
Motion was made to approve ZA03-071 subject to Revised Site Plan Review Summary No.3,
dated December 31,2003, and granting requested variances.
Motion: Standerfer
Second: Potter
Ayes: Evans, Morris, Potter, Standerfer, Wambsganss
Nays: Stephen
Approved: 5-1
AlZenda Item No. 7C. Resolution No. 04-004 (ZA03-080) SDecific Use Permit for the sale of
alcoholic beverages at PHO Texas Vietnamese Cuisine located at 2120 East Southlake
Boulevard. Suite D. in the Village Center DeveloDment. Current ZoninlZ: C-3 General
Commercial District. SPIN Neighborhood #8. Senior Planner Dennis Killough presented this
item to Council. Applicant Twee Truong, 5903 Highland Hills Lane, Colleyville, Texas,
CITY COUNCIL MEETING MINUTES, JANUARY 6, 2004
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answered Council's questions. In accordance with Section 4.21 of the City Charter, the caption
for this item is listed as follows:
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A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS,
GRANTING A SPECIFIC USE PERMIT FOR THE SALE OF ALCOHOLIC BEVERAGES
ON PROPERTY WITHIN THE CITY OF SOUTHLAKE, TEXAS, BEING LEGALLY
DESCRIBED AS A PORTION OF LOT 3, BLOCK 1, VILLAGE CENTER, PHASE 1, MORE
FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A", AND AS DEPICTED ON THE
APPROVED DEVELOPMENT 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. 04-004 (ZA03-080) for an initial period of five
years.
Motion:
Second:
Ayes:
Nays:
Approved:
Standerfer
Potter
Evans, Morris, Potter, Standerfer, Stephen, Wambsganss
None
6-0
Agenda Item No. 12. Meeting adiourned. The Mayor adjourned the meeting at 8:40 p.m.
*An audio recording of this meeting will be permanently retained in the City Secretary's
Office.
ATTEST:
~~~,
Andy Wambsganss
Mayor
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Lori A. Farwell
City Secretary
CITY COUNCIL MEETING MINUTES, JANUARY 6, 2004
PAGE 5 OF 5
City of Southlake
City Council Meeting Absence
In accordance with the City Charter, if you are absent or plan to be absent from a
City Council meeting, please complete this notice and submit to the City
Secretary.
Councilmember: Keith Shankland
Date(s) of Absence: January 6, 2004
Reason for Absence: conflicting work committment
"Excused" Absence Requested: X Yes No
If you have any questions, please contact Lori Farwell at (817) 481 -1519.
City Council granted "excused" absence:
Mayor Andy Wambsganss Yes No
Mayor Pro Tem Ralph Evans Yes No
Deputy Mayor Pro Tem Rex Potter /Yes No
Councilmember Greg Standerfer Yes No
Councilmember Carolyn Morris 1/' Yes No
Councilmember Tom Stephen Yes No
Councilmember Keith Shankland Yes No