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2003-12-16 CITY OF SOUTHLAKE REGULAR CITY COUNCIL MEETING MINUTES: DECEMBER 16, 2003 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 Greg Standerfer and Tom Stephen. CITY COUNCIL ABSENT: Councilmembers Carolyn Morris and Keith Shankland. STAFF PRESENT: City Manager Billy Campbell, Executive Secretary Kim Bush, Assistant to the City Manager John Eaglen, Manager of Technical Services Gary Gregg, Audio Visual Technician Pam Jordan, 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, Senior Planner Dennis Killough, Senior Planner Ken Baker, 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, 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 5:37 p.m. City Council reviewed the agenda items with city staff and applicants. Agenda item 5B was removed from the consent agenda and was heard on the regular agenda. Agenda items 8A, 8B, 10A, and 10B were added to the consent agenda. No action was taken on Items 10A and 10B. The work session ended at 5:54 p.m. REGULAR SESSION: Agenda Item No. 1, Call to order: The regular session was called to order by Mayor Wambsganss at 5:54 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 5:54 p.m. Executive Session began at 6:06 p.m. and ended at 6:48 p.m. Agenda Item No. 2B, Reconvene: Mayor Wambsganss reconvened the regular meeting at 6:56 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 David Whitington, Christ Our King Church. Mayor Wambsganss led the audience in the Pledge of Allegiance. CITY COUNCIL MEETING MINUTES, DECEMBER 16, 2003 PAGE 1 OF 5 Agenda Item No. 4A, Mayor's Report: Mayor Wambsganss announced upcoming meetings and events. The Mayor introduced Peter and Marilyn Hye and John and Linda Moore who are Southlake Lions Club members along with the Mayor and the Deputy Mayor Pro Tem. Mr. Hye thanked the Public Safety Department for their service to his business during a recent time of need. He said the Southlake Lions Club is creating a fund for Southlake officers who may be killed or severely injured in the line of duty, and the money can be used to assist the officers and /or their families. Agenda Item No. 4B, City Manager's Report: City Manager Campbell asked the Director of Finance, Sharen Elam, to present new bond rating information to Council. Director Elam stated that the Southlake Parks Development Corporation bonds were upgraded from a Bbb3 to an A- from Standard and Poors. 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 December 2, 2003, regular City Council meeting and for the December 8, 2003, City Council work session. Agenda Item No. 8A, Ordinance No. 480 -428, 1 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 -1A Single Family Residential District. SPIN Neighborhood #15. Senior Planner Dennis Killough presented this item to Council during the work session. Agenda Item No. 8B, ZA03 -078, Plat Revision for Lot 1, Block 1, Johnson Place Addition, located at 2440 Johnson Road. Current Zoning: CS Community Service District. Requested Zoning: SF -1A Single Family Residential District. SPIN Neighborhood #15. Senior Planner Dennis Killough presented this item to Council during the work session. Agenda Item No. 10A, Consider proceeding with condemnation procedures for the acquisition of land (floodway) in the Triple C Ranch subdivision (Phase -I) along the west side of Dove Creek for possible drainage improvements /maintenance and future trail. Senior Planner Ken Baker presented this item to Council during the work session. Council decided to take no action on this item. Agenda Item No. 10B, Consider canceling or rescheduling the January 6, 2004, City Council meeting. Council discussed this item during the work session and decided to take no action on this item. Motion was made to approve Items 5A as presented; 8A; 8B subject to Plat Review Summary No. 2, dated November 26, 2003; taking no action on Item 10A; and taking no action on Item 10B. Motion: Standerfer Second: Potter Ayes: Evans, Potter, Standerfer, Stephen, Wambsganss Nays: None Approved: 5 -0 CITY COUNCIL MEETING MINUTES, DECEMBER 16, 2003 PAGE 2 OF 5 REGULAR AGENDA: Agenda Item No. 6, Public Forum. No one spoke. Agenda Item No. 7A, Ordinance No. 578 -A, 2nd Reading, Amending City Code Chapter 20, Vehicles for Hire, relating to the regulation of wrecker Services, regulating and establishing requirements for non - consent tows and allowing the contracting with one or more wrecker companies for police pulls. Chief of Police Marlin Price presented this item to Council. In accordance with Section 4.21 of the City Charter, the caption for this item is listed as follows: AN ORDINANCE PROVIDING FOR THE REGULATION OF WRECKER SERVICE COMPANIES OPERATING IN THE CITY OF SOUTHLAKE; PROVIDING FOR THE CITY TO CONTRACT FOR NON - CONSENT TOWS AND STORAGE OF SUCH VEHICLES; PROHIBITING UNSOLICITED TOW TRUCK ACTIVITY; ESTABLISHING LICENSE AND RECORD KEEPING REQUIREMENTS FOR PRIVATE NON - CONSENT TOWS; ESTABLISHING REQUIREMENTS FOR PRIVATE PROPERTY NON - CONSENT TOWS; REQUIRING CERTAIN SIGNS BE POSTED ON PRIVATE PROPERTY FOR NON - CONSENT TOWS; 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 EFFECTIVE DATE. No one spoke during the public hearing. Motion was made to approve Ordinance No. 578 -A, 2 Reading. Motion: Standerfer Second: Potter Ayes: Evans, Potter, Standerfer, Stephen, Wambsganss Nays: None Approved: 5 -0 Agenda Item No. 7B, Ordinance No. 859, 2 Reading, Amending Article III, "Property Taxes ", of Chapter 17, "Taxation" of The City Code, as amended, by adding a new section 17 -63 relating to ad valorem tax freeze for residential homestead property owners who are disabled or 65 years of age or older. 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, AMENDING ARTICLE III OF CHAPTER 17, "TAXATION" OF THE SOUTHLAKE CITY CODE OF ORDINANCES AS AMENDED BY ADDING A NEW SECTION 17 -63 RELATING TO AD VALOREM TAX FREEZE FOR RESIDENTIAL HOMESTEAD PROPERTY OWNERS WHO ARE DISABLED OR 65 YEARS OF AGE OR OLDER; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. No one spoke during the public hearing. Motion was made to approve Ordinance No. 859, 2 Reading. CITY COUNCIL MEETING MINUTES, DECEMBER 16, 2003 PAGE 3 0F5 Motion: Potter Second: Standerfer Ayes: Evans, Potter, Standerfer, Stephen, Wambsganss Nays: None Approved: 5 -0 Agenda Item No. 7C, Ordinance No. 480 -427, 2 Reading, (ZA03 -075) Zoning Change on property located at 500 South White Chapel Boulevard. Current Zoning: AG Agricultural District. Requested Zoning: SF -1A Single Family Residential District. SPIN Neighborhood #14. Senior Planner Dennis Killough presented this item to Council. In accordance with Section 4.21 of the City Charter, the caption for this item is listed as follows: AN ORDINANCE AMENDING ORDINANCE NO. 480, AS AMENDED, THE COMPREHENSIVE 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 TRACT 3G, OUT OF THE H. GRANBERRY SURVEY, ABSTRACT NO. 581, BEING APPROXIMATELY 1.996 ACRES, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "AG" AGRICULTURAL DISTRICT TO "SF -1A" 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 EFFECTIVE DATE. No one spoke during the public hearing. Motion was made to approve Ordinance No. 480 -427, 2 Reading, (ZA03 -075). Motion: Standerfer Second: Potter Ayes: Evans, Potter, Standerfer, Stephen, Wambsganss Nays: None Approved: 5 -0 Agenda Item No. 7D, ZA03 -079, Site Plan for Lot 1, Block 2, Cornerstone Business Park, located at 2815 Exchange Boulevard on the southeast corner of Silicon Drive and Exchange Boulevard. Current Zoning: I -1 Light Industrial District. SPIN Neighborhood #7. Senior Planner Dennis Killough presented this item to Council. Applicant Gary Fickes, 421 Hilltop Drive, Southlake, Texas, answered Council's questions. Public Hearing opened. Jeff Wang, 595 South Kimball Avenue, Southlake, Texas, spoke as an adjacent property owner and reaffirmed his willingness to work with the applicant on the common driveway. CITY COUNCIL MEETING MINUTES, DECEMBER 16, 2003 PAGE 4 OF 5 Public Hearing closed. Motion was made to approve ZA03 -079 subject to Site Plan Review Summary No. 2, dated November 26, 2003, granting requested variances and being subject to the recommendation of the Planning and Zoning Commission and further requiring that the split -faced block be changed to brick veneer. Motion: Standerfer Second: Potter Ayes: Evans, Potter, Standerfer, Stephen, Wambsganss Nays: None Approved: 5 -0 Agenda Item No. 11A. Southlake 2025 Plan Phase 1 — Vision, Goals, & Objectives. Senior Planner Ken Baker presented this item to Council during the work session. This was a discussion item only. No action was taken by Council. Agenda Item No. 12, Meeting adjourned. With there being no further business to discuss, the meeting was adjourned at 7:35 p.m. *An audio recording of this meeting will be permanently retained in the City Secretary's Office. Andy Wambsganss Mayor ATTEST: ,, \ \\ J c , t/ c , fi Lori A. Farwell City Secretary ••• ems •••• ,,,• • s \ e s'9i T * K \ \ \ \ \\ " 'S , ,,,1, ,,,,, CITY COUNCIL MEETING MINUTES, DECEMBER 16, 2003 PAGE 5 OF 5