2004-02-03
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CITY OF SOUTHLAKE
REGULAR CITY COUNCIL MEETING MINUTES: February 3. 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 Tern Rex Potter, and Councilmembers Carolyn Morris, Keith Shankland
(arrived at 5:50 p.rn.), Greg Standerfer, and Tom Stephen.
CITY COUNCIL ABSENT: None.
STAFF PRESENT: Assistant City Manager Shana Yelverton, Executive Secretary Kim Bush,
Assistant to the City Manager John Eaglen, Library Administrator Kerry McGeath, 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 Ken
Baker, Senior Planner Dennis Killough, Director of Public Safety Rick Black, Police Chief
Marlin Price, Fire Chief Robert Finn, Director of Public Works Pedram Farahnak, Deputy
Director of Public Works Charlie Thomas, Court Administrator Sean Leonard, 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 5:36 p.m.
City Council reviewed the agenda items with city staff and applicants. Agenda items 8A, 8B, 8C,
8D, and 8E were added to the consent agenda. The work session ended at 6:33 p.m.
REGULAR SESSION:
Agenda Item No.1. Call to order: The regular session was called to order by Mayor
Wambsganss at 6:33 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 6:33 p.m. Executive Session began at 6:45 p.m. and ended at 7:05 p.m.
Agenda Item No. 2B. Reconvene: Mayor Wambsganss reconvened the regular meeting at 7:14
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.3. Invocation: The invocation was given by Mayor Pro Tern Ralph Evans.
Mayor Wambsganss led the audience in the Pledge of Allegiance.
CITY COUNCIL MEETING MINUTES, FEBRUARY 3. 2004
PAGE 1 OF 7
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Agenda Item No. 4A. Mayor's Reoort: Mayor Wambsganss announced upcoming meetings and
events. The Mayor introduced Justin Mecklenburg, Chairman of the Chamber of Commerce,
who recognized the 2004 Leadership Southlake class in the audience tonight. Councilmember
Morris recognized the Southlake Firefighter's Association who recently raised $4,000 for a local
Muscular Dystrophy Association event.
Agenda Item No. 4B. City Manager's Report: Assistant City Manager Shana Yelverton
introduced Director of Public Safety Rick Black who presented Life Saving Awards to
Firefighter Wade Carroll, Firefighter Cliff Halvorson, Firefighter Jason Wise, Lieutenant Shawn
Fannan, PSO Dwayne Letz, PSO Randy Baker, Jim Roach, Ann Robins, and Colleen Lay.
Agenda Item No. 4C. Library Board Report: A written report was included in Council's packets.
Agenda Item No. 4D. SPIN Report: A written report was included in Council's packets.
Agenda Item No. 4E. Park and Recreation Board Reoort: Boardmember Cara White discussed
upcoming Board meetings and events.
Agenda Item No. 4F. Local Business Reoort: Economic Development Director Greg Last
presented information on Economic Development Department's searchable database.
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 minutes for the January 20.2004. regular City Council meeting.
Council did not take action on the minutes and tabled this item to the February 17, 2004,
meeting.
Agenda Item No. 8A. Ordinance No. 844. 1st Reading. Amending Chapter 12 of the City Code.
establishing designated sneed limits within City parks. Director of Community Development
Malcolm Jackson presented this item to Council during the work session. Council added this
item to the consent agenda.
Agenda Item No. 8B. Ordinance No. 850. 1 st Readine. Amending Chapter 13. Peddlers and
Solicitors. and Chanter 5. Businesses. Article VI. of the City Code. Senior Planner Ken Baker
presented this item to Council during the work session. Council added this item to the consent
agenda.
Agenda Item No. 8C. Ordinance No. 480-00. 1 st Reading. Amending Comnrehensive Zoning
Ordinance No. 480. as amended. as it pertains to Mass Gathering and Solicitation Activities.
Senior Planner Ken Baker presented this item to Council during the work session. Council added
this item to the consent agenda with the following modifications: accepting the Planning and
Zoning Commission's recommendation to amend the proposed mass gathering definition
changing the number of persons from 200 to 300 and requiring a donation bin to be a distance of
1,000 feet from another donation bin.
CITY COUNCIL MEETING MINUTES, FEBRUARY, 3, 2004
PAGE20F7
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Agenda Item No. 8D. Ordinance No. 480-429. 1st Reading (ZA03-083)' Zoning Change and
Conceot Plan for Lot 2. William Martin No. 1068 Addition on property located at 1730 Randol
Mill Avenue. Current Zoning: AG Agricultural District. Reauested Zoning: SF-20A Single
Family Residential District. SPIN Neighborhood #12. Senior Planner Dennis Killough presented
this item to Council during the work session. Council added this item to the consent agenda.
Agenda Item No. 8E. Ordinance No. 480-430. 1st Reading (ZA03-103). Zoning Change for
McClendon Subdivision on property located at 2745 Union Church. Current Zoning: AG
Agricultural District. Reauested Zoning: SF-IA Single Family Residential District. SPIN
Neighborhood #15. Senior Planner Dennis Killough presented this item to Council during the
work session. Council added this item to the consent agenda.
Motion was made to approve Items 8A; 8B; 8C accepting the Planning and Zoning
Commission's recommendation to amend the proposed mass gathering definition changing the
number persons from 200 to 300 and requiring a donation bin to be a distance of 1,000 feet from
another donation bin; 8D subject to Concept Plan Review Summary No.1, dated December 12,
2003; 8E; and to table Item 5A to the February 17 Council meeting.
Motion: Standerfer
Second: Stephen
Ayes: Evans, Morris, Potter, Shankland, Standerfer, Stephen, Wambsganss
Nays: None
Approved: 7-0
REGULAR AGENDA:
Agenda Item No.6. Public Forum. No one spoke during the Public Forum.
Agenda Item No. lOB. ADproval of 2004 Communitv Services Agreement with the Southlake
Women's Club for Art in the Square. Director of Community Services Malcolm Jackson
presented this item to Council.
Motion was made to approve the 2004 Community Services Agreement with the Southlake
Women's Club for Art in the Square.
Motion: Stephen
Second: Potter
Ayes: Evans, Morris, Potter, Shankland, Standerfer, Stephen, Wambsganss
Nays: None
Approved: 7-0
Agenda Item No. 7 A. ZA03-098. Site Plan for Steak 'N Shake Restaurant on prol>ertv located on
the north side of East Southlake Boulevard. apj>roximatelv 175 feet west of North Nolen Drive.
Current Zoning: S-P-2 General Site Plan District with C-3 General Commercial District uses.
SPIN Neighborhood #7. Senior Planner Dennis Killough presented this item to Council.
Applicant Terry Wilkinson, 751 East Southlake Boulevard, Southlake, Texas, answered
Council's questions.
No one spoke during the public hearing.
CITY COUNCIL MEETING MINUTES, FEBRUARY, 3, 2004
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Motion was made to approve ZA03-098, Site Plan for Steak 'N Shake Restaurant, subject to Site
Plan Review Summary No.2, dated January 16, 2004, allowing requested variances.
Motion: Standerfer
Second: Potter
Ayes: Evans, Morris, Potter, Shankland, Standerfer, Stephen, Wambsganss
Nays: None
Approved: 7-0
Agenda Item No. 7B. Resolution No. 04-006. Southlake 2025 Plan - Vision. Goals. and
Ob1ectives. Director of Planning Bruce Payne presented this item to Council. Council discussed
this item.
Council asked staff to provide them with video tapes of the Planning and Zoning Commission
meetings where this item was discussed and agreed to table this item to the March 2 meeting to
allow Council time to review the tapes.
The public hearing on this item will be continued to the March 2 meeting.
Motion was made to table and to continue the public hearing for Resolution No. 04-006 until the
March 2, 2004, City Council meeting.
Motion: Standerfer
Second: Potter
Ayes: Evans, Morris, Potter, Shankland, Standerfer, Stephen, Wambsganss
Nays: None
Approved: 7-0
Agenda Item No. 9A. Resolution No. 04-009. Revising the Southlake Public Library's Internet
Policy defining provided services. Library Administrator Kerry McGeath presented Items 9A,
9B, and 9C to Council.
In accordance with Section 4.21 of the City Charter, the caption for this item is listed as follows:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS,
ADOPTING REVISIONS TO THE SOUTHLAKE PUBLIC LffiRARY'S INTERNET POLICY
DEFINING PROVIDED SERVICES; PROVIDING AN EFFECTIVE DATE.
Council requested that the Library Board consider restricting use of the computers to library
members only.
Motion was made to approve Resolution No. 04-009, Revising the Southlake Public Library's
Internet Policy defining provided services subject to the City Attorney's Office advising the City
Secretary's Office within 48 hours of any objections they may have regarding this policy.
Motion: Standerfer
Second: Shankland
Ayes: Evans, Morris, Potter, Shankland, Standerfer, Stephen, Wambsganss
Nays: None
Approved: 7-0
CITY COUNCIL MEETING MINUTES, FEBRUARY, 3, 2004
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Agenda Item No. 9B. Resolution No. 04-010. Revising the Southlake Public Library's Computer
Use Policy accounting for technology changes and upgrades. Library Administrator Kerry
McGeath presented Items 9A, 9B, and 9C to Council.
In accordance with Section 4.21 of the City Charter, the caption for this item is listed as follows:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS,
ADOPTING REVISIONS TO THE SOUTHLAKE PUBLIC LIBRARY'S COMPUTER USE
POLICY ACCOUNTING FOR TECHNOLOGY CHANGES AND UPGRADES; PROVIDING
AN EFFECTIVE DATE.
Motion was made to approve Resolution No. 04-010, Revising the Southlake Public Library's
Computer Use Policy accounting for technology changes and upgrades.
Motion: Standerfer
Second: Shankland
Ayes: Evans, Morris, Potter, Shankland, Standerfer, Stephen, Wambsganss
Nays: None
Approved: 7-0
Agenda Item No. 9C. Resolution No. 04-011. Revising the Southlake Public Library's Loan
Lengths Policy increasing the maximum limit of items on a per cardholder basis. and removing
the restriction on renewing new books and books on tane. Library Administrator Kerry McGeath
presented Items 9 A, 9B, and 9C to Council.
In accordance with Section 4.21 of the City Charter, the caption for this item is listed as follows:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS,
ADOPTING REVISIONS TO THE SOUTHLAKE PUBLIC LIBRARY'S LOAN LENGTHS
POLICY INCREASING THE MAXIMUM LIMIT OF ITEMS ON A PER CARDHOLDER
BASIS, AND REMOVING THE RESTRICTION ON RENEWING NEW BOOKS AND
BOOKS ON TAPE; PROVIDING FOR AN EFFECTIVE DATE.
Motion was made to approve Resolution No. 04-011, Revising the Southlake Public Library's
Loan Lengths Policy increasing the maximum limit of items on a per cardholder basis, and
removing the restriction on renewing new books and books on tape.
Motion: Standerfer
Second: Shankland
Ayes: Evans, Morris, Potter, Shankland, Standerfer, Stephen, Wambsganss
Nays: None
Approved: 7-0
Agenda Item lOA. Annroval of action to provide contract extension and termination date for
lease of Tucker pronerty. Director of Community Services Malcolm Jackson presented this item
to Council. Council discussed this item.
Motion was made to approve the Tucker property contract extension subject to the following
provisions: the lease is consistent with original terms except that it will be on a month-to-month
basis, the City will provide a termination notice of 90 days, and the tenant shall allow the
landlord access to the property during such lease.
CITY COUNCIL MEETING MINUTES, FEBRUARY, 3, 2004
PAGE50F7
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Motion:
Second:
Ayes:
Nays:
Approved:
Stephen
Potter
Evans, Morris, Potter, Shankland, Standerfer, Stephen, Wambsganss
None
7-0
Agenda Item No. lOC. Consider SP03-084. Variance to Sign Ordinance No. 704-A. for
Cornerstone Plaza located at 2557 East Southlake Boulevard. Senior Planner Dennis Killough
presented this item to Council. Applicant Melanie Hancock, 745 109th Street, Arlington, Texas,
answered Council's questions.
Motion was made to deny SP03-084, Variance to Sign Ordinance No. 704-A, for Cornerstone
Plaza located at 2557 East Southlake Boulevard.
Motion: Shankland
Second: Standerfer
Ayes: Evans, Morris, Potter, Shankland, Standerfer, Stephen, Wambsganss
Nays: None
Vote: 7-0 (to deny)
Agenda Item No. 100. Approval of the FY 2003-04 to FY 2007-08 Capital Improvements
Program. Director of Planning Bruce Payne presented this item to Council. Council discussed
this item.
Motion was made to approve the FY2003-04 to FY2007 -08 Capital Improvements Program.
Motion: Potter
Second: Morris
Ayes: Evans, Morris, Potter, Shankland, Stephen, Wambsganss
Nays: Standerfer
Approved: 6-1
Agenda Item No. 10E. Authorize the Mayor to execute a settlement agreement between the City
of Southlake and AquaSource Utility. Inc.. for operations and maintenance. sale of ground water
supply and distribution systems and transfer of Certificate of Convenience and Necessity (CCN)
in the Lakewood Ridge and the Indian Creek Estates subdivisions. Director of Public Works
Pedram Farahnak presented this item to Council. Council discussed this item.
Motion was made to approve a settlement agreement between the City of Southlake and
AquaSource Utility, Inc., for operations and maintenance, sale of ground water supply and
distribution systems and transfer of Certificate of Convenience and Necessity (CCN) in the
Lakewood Ridge and the Indian Creek Estates subdivisions.
Motion: Standerfer
Second: Potter
Ayes: Evans, Morris, Potter, Shankland, Standerfer, Stephen, Wambsganss
Nays: None
Approved: 7-0
Mayor Wambsganss noted that the Council excused the January 22 absence of Planning and
Zoning Commission member Bill Vaughan.
CITY COUNCIL MEETING MINUTES, FEBRUARY, 3, 2004
PAGE60F7
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Agenda Item No. 12. Meeting adiourned. Mayor Wambsganss adjourned the meeting at 9:10
p.m.
*An audio recording of this meeting wiU be permanently retained in the City Secretary's
Office.
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CITY COUNCIL MEETING MINUTES, FEBRUARY, 3, 2004
PAGE70F7
At-'adA -fro
City of Southlake
P &Z Commission Meeting Absence
In accordance with the City Charter, if you are absent or plan to be absent from a
P &Z Commission meeting, please complete this notice and submit to the City
Secretary.
Commission member: e,-11 kkoA
Date(s) of Absence: iaJACtJ
- . I
Reason for Absence: P/ a I a�� cAed
"Excused" Absence Requested: Yes No
If you have any questions, please contact Lori Farwell at (817) 481 -1519.
City Council members granting the "excused" absence:
Mayor Andy Wambsganss Yes No
Mayor Pro Tem Ralph Evans r� es No
Deputy Mayor Pro Tem Rex Potter l& Yes No
Councilmember Greg Standerfer Yes No
Councilmember Carolyn Morris 0 No
Councilmember Tom Stephen Yes ' 7'5 - No
Councilmember Keith Shankland Yes No
Message Page 1 of 1
Lori Farwell
From: Bruce Payne
,ent: Monday, January 26, 2004 4:10 PM
To: Lori Farwell
Subject: FW: Bill Vaughan P &Z Attendance
Bruce C. Payne, AICP
Director of Planning
City ofSouthlake
(817) 481-2041
Original Message
From: Bill Vaughan [mailto:bvaughan @vaughancommercial.com]
Sent: Monday, January 26, 2004 3:52 PM
To: bpayne @ci.southlake.tx.us
Subject: FW: Bill Vaughan P&Z Attendance
Original Message
From: Bill Vaughan [ mailto: bvaughan @vaughancommercial.com]
Sent: Monday, January 26, 2004 3:40 PM
To: 'bpayne @cityofsouthlake.com'
Subject: Bill Vaughan P&Z Attendance
Bruce —
Please accept my sincerest apologies for missing the last two (2) consecutive P &Z meetings. I missed the January 8th
meeting because I had international clients as well as bankers from several different states that I had to meet in the Rio
Grande Valley and I could not cancel the business trip. More recently at the January 22nd meeting, I was extremely sick
(and contagious) and unable to make the meeting, per doctor's orders. For what it's worth, I did call in advance in both
cases to alert Lori Farwell that I would not be attending.
You have brought it to my attention that, per the City's Charter, I need to request City Council's approval to continue my
appointed position on the Planning and Zoning Commission. Please let this e-mail correspondence serve as my formal
request.
Thank you for your time and consideration.
Best regards,
Bill Vaughan
/27/2004