2004-08-03 Regular CC Meeting
I
I.
I
I
I
I
I
I
I
Ie
I
I
I
I
I
I
I
I-
I
CITY OF SOUTHLAKE
REGULAR CITY COUNCIL MEETING: AUGUST 3. 2004
LOCATION:
1400 Main Street, Southlake, Texas
Council Chambers in Town Hall
WORK SESSION: 5:30 to 6:00 P.M.
1. Call to order.
2. Discussion of all items on tonight's meeting agenda. No action will be taken and
each item will be considered during the Regular Session.
REGULAR SESSION: 6:00 P.M. or immediately followin2 the work session
1. Call to order.
2.
A.
Executive Session: Pursuant to the Open Meetings Act, Chapter 551,
Texas Government Code, Sections 551.071, 551.072, 551.073, 551.074,
551.076, 551.087, 418.183(t), and 418.106(d) & (e). Refer to posted list
attached hereto and incorporated herein. Executive Session may be held.
under these exceotions. at the end of the Re2ular Session or at any
time durin2 the meetin2 that a need arises for.the City Council to seek
advice from the City Attorney as to the posted subiect matter of this
City Council meetin2.
1. Section 551.071 Consultation with attorney
a. Seek advice of the city attorney regarding water back
billing.
2. Section 551.087 Deliberation re2ardin2 economic develooment
ne2otiations
a. Economic incentives for businesses.
B. Reconvene: Action necessary on items discussed in Executive Session.
3. INVOCATION: David Whitington, Christ Our King Church
4. REPORTS:
A. Mayor's Report
B. City Manager's Report
C. SPIN Report
D. Library Board Report
E. Park and Recreation Board Report
F. Local Business Report
I
Ie
I
I
I
I
I
I
I
Ie
I
I
I
I
I
I
I
Ie
I
City of Southlake
City Council meeting agenda
August 3, 2004
Page 2 of6
CONSENT AGENDA
All items listed below are considered to be routine by the City Council and will be
enacted with one motion. There will be no separate discussion of items unless a
Councilmember or citizen so requests, in which event the item will be removed from the
general order of business and considered in its normal sequence.
5. Consent:
A. Approve minutes for the July 13,2004, regular City Council meeting and
for the July 20, 2004, regular City Council meeting.
B. Approval of Comprehensive Annual Financial Report for September 30,
2003.
C. Resolution No. 04-056, Appoint a Chair of the Board of Directors for Tax
Increment Reinvestment Zone Number One, City of Southlake, Texas, for
the remainder of the unexpired term.
REGULAR AGENDA
6. Public Forum.
7. Ordinances, second readings, public hearings, and related items:
A. Ordinance No. 480-XX, 2nd Reading, An amendment to Zoning Ordinance
No. 480, Section 44, Board of Adjustment, as amended, changing the
number of alternate members of the Zoning Board of Adjustment from
two members to four members. PUBLIC HEARING
B. Ordinance No. 480-442, 2nd Reading (ZA04-028) Zoning Change and Site
Plan for Southlake Westwood Office Park located at 3100 West Southlake
Boulevard. Current Zoning: 0-1 Office District. Requested Zoning: S-P-l
Detailed Site Plan District with 0-1 Office District uses. SPIN
Neighborhood #15. PUBLIC HEARING
C. ZA04-032, Plat Revision for Cimmarron Acres located at 3100 West
Southlake Boulevard. Current Zoning: 0-1 Office District. Proposed
Zoning: S-P-l Detailed Site Plan District with 0-1 Office District uses.
SPIN Neighborhood #15.
D. Resolution No. 04-058 (ZA04-052) Specific Use Permit for a Mass
Gathering Event for Oktoberfest on property described as Southlake Town
Square, Phase One. Current Zoning: DT Downtown District. SPIN
Neighborhood #8. PUBLIC HEARING
I
I.
I
I
I
I
I
I
I
I.
I
I
I
I
I
I
I
I-
I
City of Southlake
City Council meeting agenda
August 3, 2004
Page 3 of 6
E. Resolution No. 04-059 (ZA04-053) Specific Use Permit for the sale of
alcoholic beverages for Oktoberfest on property described as Southlake
Town Square, Phase One. Current Zoning: DT Downtown District. SPIN
Neighborhood #8. PUBLIC HEARING
8. Ordinances, first readings, and related items:
A. Ordinance No. 877, 1 st Reading, Changing the street name of Sam School
Road to Sams School Road. (If approved at first reading, the public
hearing will be held August 17, 2004.)
B. Ordinance No. 480-YY, 1st Reading, Amending the Comprehensive
Zoning Ordinance No. 480, Section 4, Definitions, and Section 45,
Specific Use Permits, as amended, pertaining to petroleum operations, oil
and natural gas drilling and production. (If approved at first reading, the
public hearing will be held August 17, 2004.)
9. Resolutions:
A. Resolution No. 04-055, Appointing a member to the Joint Drug and
Alcohol Awareness Committee to fill the unexpired term of Brad
Bartholomew until May 2005.
B. Resolution No. 04-057, Appointing two alternate members to the Zoning
Board of Adjustment with one term to expire in May 2005 and one term to
expire in May 2006.
10. Other items for consideration:
A. Consider excusing members of the City Council and of the Planning and
Zoning Commission for absences from meetings.
B. ZA04-055, Plat Revision for Lots 3Rl and 3R2, Green Meadow
Subdivision, located on the south side of East Continental Boulevard at the
intersection of East Continental Boulevard and South Kimball Avenue.
Current Zoning: 1-1 Light Industrial District. SPIN Neighborhood #7.
11. Other items for discussion:
A. Revisions to Sign Ordinance 704-B: Progress Report from the Planning
and Zoning Commission.
12. Meeting adjourned.
I
I-
I
I
I
I
I
I
I
Ie
I
I
I
I
I
I
I
I-
I
City of Southlake
City Council meeting agenda
August 3, 2004
Page 4 of 6
CERTIFICATE
I hereby certify that the above agenda was posted on the official bulletin boards at Town
Hall, 1400 Main Street, Southlake, Texas, on Friday, July 30, 2004, by 6:00 p;m.,
pursuant to the Texas Government Code, {",h..:onb.,. 551.
"~'"
...." OUTHL~:"~
~ ~ .",. ~~_~..I~''.o
, () ~ d .. .",' ~
~.. -,: " ~
:: :... : . ~~
:1-: : :
. . .-.. -
Lon A. Farwell, T C ~O\ * :0~
. .... ..
CIty Secretary -; ... ... i
~, ............ ,$"
"'" *** "......
If you plan to attend this public meeting an(J'1ftJlJCIftl'lllsability that requires special needs, please
advise the City Secretary's Office 48 hours in advance at 817-481-1490 and reasonable
accommodations will be made to assist you.
I
I.
I
I
I
I
I
I
I
I.
I
I
I
I
I
I
I
I-
I
City of Southlake
City Council meeting agenda
August 3, 2004
Page 5 of 6
EXECUTIVE SESSION
Section 551.071: Consultation with attorney
The City Council may conduct a private consultation with its attorney when the City
Council seeks the advice of its attorney concerning any item on this agenda, about
pending and contemplated litigation, or a settlement offer, or on a matter in which the
duty of the attorney to the City Council under the Texas Disciplinary Rules of
Professional Conduct of the State Board of Texas clearly conflicts with Chapter 551. This
includes the following pending and/or contemplated litigation subjects:
1. City of South lake vs. Timarron et.a!. May 2001.
2. Richard W. Hart vs. City of Southlake. September 2002.
3. Architectural Utilities Limited Partnership dba AUI General Contractors vs. City
of Southlake. March 2003.
4. Marpave, Inc., vs. City of South lake. November 2003.
5. Steve L. Perry and Aline Perry vs. City of Southlake. November 2003.
6. R.E. and Marilyn Smith vs. City of South lake. December 2003.
7. City of Southlake vs. Howard E. Carr, Jr. March 2004.
8. James Lancaster and wife, Catherine Lancaster vs. Gary M. Gordon d/b/a Gordon
Taylor Custom Homes, Carleo A. Capili and wife, Regina Capili and John R.
Griggs and wife, Sally Griggs, Jill T. Gordon, and City of South lake. July 2004.
Section 551.072: Deliberation re2ardin2 real DrODertv
The City Council may conduct a closed meeting to deliberate the purchase, exchange,
lease or value of real property.
Section 551.073: Deliberation re2ardin2 DrosDective 2ift or donation
The City Council may conduct a closed meeting to deliberate a negotiated contract for a
prospective gift or donation to the City.
Section 551.074: Deliberation re2ardin2 Dersonnel matters
The City Council may deliberate the appointment, employment, evaluation,
reassignment, duties, discipline, or dismissal of public officers, including the City
Manager, City Secretary, City Attorney, Municipal Judge and city boards and
commission members. A complete list of the city boards and commissions is on file in the
City Secretary's Office.
Section 551.076: Deliberation re2ardin2 security devices
The City Council may deliberate the deployment, or specific occasIons for
implementation of security personnel or devices.
I I,
I.
I
I
I
I
I
I
I
I.
I
I
I
I
I
I
I
I-
I
City of Southlake
City Council meeting agenda
August 3, 2004
Page 6 of6
Section 551.087: Deliberation ree:ardine: economic development nee:otiations
The City Council may discuss or deliberate regarding commercial or financial
information received from a business prospect that the city seeks to have locate, stay, or
expand in or near the city and which the City is conducting economic development
negotiations; or to deliberate the offer of a financial or other incentive to a business
prospect as described above.
Section 418.183(0: Texas Disaster Act
The City Council may deliberate information: I) for purposes of preventing,
investigating, or responding to an act of terrorism or related criminal activity and
involving emergency response providers, their staffing, contact information and tactical
plans; 2) that relates to the risk or vulnerability of persons or property, including
infrastructure, to an act of terrorism; 3) that relates to the assembly of an explosive
weapon, the location of a material that may be used in a chemical, biological or
radioactive weapon, or unpublished information pertaining to vaccines or devices to
detect biological agents or toxins; 4) that relates to details of the encryption codes or
security keys for a public communication system; 5) that relates to a terrorism-related
report to an agency of the United States; 6) that relates to technical details of particular
vulnerabilities of critical infrastructure to an act of terrorism; 7) that relates to
information regarding security measures or security systems intended to protect public
and private property from an act of terrorism. The Texas Disaster Act specifically
requires that a tape recording of the closed meeting be made.
Section 418.106(dl & (el: Local meetine:s to discuss emere:encv manae:ement plans
ree:ardine: pipeline safety
The City Council may discuss emergency management plans involving pipeline safety
and/or security of pipeline infrastructures or facilities when those plans or discussions
contain such sensitive information.
I."'. ..
I.
I
I
I
I
I
I
I
I.
I
I
I
I
I
I
I
I-
I
OFFICIAL RECORD
CITY OF SOUTHLAKE
REGULAR CITY COUNCIL MEETING MINUTES: AUGUST 3. 2004
LOCATION:
1400 Main Street, Southlake, Texas
Council Chambers in Town Hall
CITY COUNCIL PRESENT: Mayor Andy Wambsganss, Mayor Pro Tern Keith
Shankland and Deputy Mayor Pro Tern; and Council Members Gregory Jones and
Virginia M. Muzyka.
CITY COUNCIL ABSENT: Council Member John Terrell
STAFF PRESENT: City Manager Billy Campbell, Assistant City Manager Shana
Yelverton, Assistant to the City Manager John Eaglen, Manager of Technical Services
Gary Gregg, Information Systems Technician Sam Cobb, Director of Community
Services Malcolm Jackson, Deputy Director of Community Services Steve Polasek,
Director of Economic Development Greg Last, Economic Development Specialist
Stefanie Wagoner, Director of Finance Sharen Elam, Director of Human Resources
Kevin Hugman, Interim Director of Planning Ken Baker, Senior Planner Dennis
Killough, Chief of Administration Garland Wilson, Director of Public Works Pedram
Farahnak, Deputy Director of Public Works Charlie Thomas, Assistant to the Director of
Public Works Valerie Bradley, Construction Manager Clayton Redinger, 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. Agenda items 8A;
9A, to table to August 17, 2004; lOA and lOB were added to the consent agenda. The
work session ended at 6:00 p.m.
REGULAR SESSION:
Agenda Item No.1. Call to order: The regular session was called to order by Mayor
Wambsganss at 6:01 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; and Section 551.087, deliberation
regarding economic development negotiations. City Council adjourned for Executive
Session at 6:01 p.m. Executive Session began at 6:19 p.m. and ended at 6:45 p.m.
Agenda Item No. 28. Reconvene: Mayor Wambsganss reconvened the regular meeting at
6:48 p.m. The Mayor asked if there was any action necessary as a result of the Executive
Session. No action was necessary.
REGULAR CITY COUNCIL MEETING MINUTES, AUGUST 3, 2004
Page 1018
I,. "
I.
I
I
I
I
I
I
i I
I.
I
I
I
I
I
I
il
I-
I
Agenda Item No.3. Invocation: The invocation was given by David Whitington from
Christ Our King Church, who also discussed the Chaplain's Program with City Council.
Mayor Wambsganss led the audience in the Pledge of Allegiance.
Agenda Item No. 4A. Mayor's Report: Mayor Wambsganss announced upcommg
meetings and events.
Agenda Item No. 4B. City Manager's Report: City Manager Campbell announced the
City had received a successful letter from its auditors and thanked Director Elam, her
staff, and the other directors for all of their hard work.
Agenda Item No. 4C. SPIN Report: A written report was included in Council's packet.
Agenda Item No. 4D. Library Report: A written report was included in Council's packet.
Agenda Item No. 4E. Park and Recreation Board Report: Frank Cornish, Jr. announced
upcoming Community Service Department events.
Agenda Item No. 4F. Local Business Report: Director Last introduced Dave Covey of
Covey's Promotions, Inc., located at 1947 East Continental Boulevard. Mr. Covey
introduced his business to Council.
CONSENT AGENDA: Consent agenda items are considered to be routine by the City
Council and are enacted with one motion. The Mayor read the items into the record.
Agenda Item No. 5A. Approve minutes for the July 13. 2004. regular City Council
meeting and for the July 20. 2004. regular City Council meeting. Approved as presented.
Agenda Item No. 5B. Approval of Comprehensive Annual Financial Report for
September 30. 2003. Shawn Parker, Weaver and Tidwell, L.L.P., 12221 Merit Drive,
Suite 1400, Dallas, Texas, presented this item to Council during the work session.
Agenda Item No. 5C. Resolution No. 04-056. Appoint a Chair of the Board of Directors
for Tax Increment Reinvestment Zone Number One. City of Southlake. Texas. for the
remainder of the unexpired term. Council discussed this item during the work session. In
accordance with Section 4.21 of the City Charter, the caption for this term is listed as
follows:
A RESOLUTION OF THE CITY OF SOUTHLAKE, TEXAS, APPOINTING A
CHAIRPERSON OF THE BOARD OF DIRECTORS OF TAX INCREMENT
REINVESTMENT ZONE NUMBER ONE, AND PROVIDING AN EFFECTIVE
DATE.
REGULAR CITY COUNCIL MEETING MINUTES, AUGUST 3, 2004
Page 2 0[8
I," ",
I.
I
1
1
1
1
1
1
10
I
I
I
I
1
I
1
I-
~1
Agenda Item No. 8A. Ordinance No. 877. 1st Reading. Changing the street name of Sam
School Road to Sams School Road. Senior Planner Killough presented this item to
Council during the work session. Jack'Wiesman, 2607 West Southlake Boulevard, from
the Southlake Historical Society, answered Council's questions.
Agenda Item No. 9A. Resolution No. 04-055. Anpoint a member to the Joint Drug and
Alcohol Awareness Committee to fill the unexnired term of Brad Bartholomew. until
Mav 2005. Tabled until the August 17,2004, City Council meeting.
Agenda Item No. lOA. Consider excusing members of the City Council and of the
Planning and Zoning Commission for absences from meetings. Mayor Wambsganss
presented this item to Council during the work session. Council excused the absences of
Mayor Pro Tern Keith Shankland and Deputy Mayor Pro Tern Carolyn Morris from the
July 20, 2004 City Council meeting; and Planning and Zoning Commission Chairman
Vernon Stansell, Commissioners Brandon Bledsoe and Al Morin from the July 22, 2004
Planning and Zoning Commission meeting.
Agenda Item No. lOB. ZA04-055. Plat Revision for Lots 3RI and 3R2. Green Meadow
Subdivision. located on the south side of East Continental Boulevard at the intersection of
East Continental Boulevard and South Kimball Avenue. Current Zoning: 1-1 Light
Industrial District. SPIN Neighborhood #7. Senior Planner Killough presented this item
to Council during the work session.
Motion was made to approve consent agenda Item No. 5A, approving the minutes as
presented for the July 20, 2004 meeting.
Motion: Shankland
Second: Muzyka
Ayes: Jones, Muzyka, Shankland, Wambsganss
Nays: None
Abstains: Morris
Approved: 4-0-1
Motion was made to approve consent agenda Items No. 5A approving the minutes for
July 13, 2004 as presented; 5B; 5C appointing Keith Shankland as Chair of the Board of
Directors for Tax Increment Reinvestment Zone Number One, City of Southlake, Texas;
8A; 9A to table to the August 17, 2004 City Council meeting; lOA and lOB, subject to
Plat Review Summary No.1, dated July 28,2004.
Motion: Shankland
Second: Muzyka
Ayes: Jones, Morris, Muzyka, Shankland, Wambsganss
Nays: None
Approved: 5-0
REGULAR AGENDA:
Agenda Item No.6. Public Forum. No one spoke.
REGULAR CITY COUNCIL MEETING MINUTES, AUGUST 3, 2004
Page 3 of8
I," ".
I.
I
I
I
I
I
I
I
I.
I
I
I
I
I
I
I
I.
I
Agenda Item No. 7A. Ordinance No. 480-XX. 2nd Reading. An amendment to Zoning
Ordinance No. 480. Section 44. Board of Adiustment. as amended. changing the number
of alternate members of the Zoning Board of Adiustment from two members to four
members. Senior Planner Killough presented this item to Council. In accordance with
Section 4.21 of the City Charter, the caption for this term is listed as follows:
AN ORDINANCE AMENDING ORDINANCE NO. 480, AS AMENDED, THE
COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF SOUTHLAKE,
TEXAS; REVISING SECTION 44.1 REGARDING THE NUMBER OF ALTERNATE
MEMBERS APPOINTED TO THE BOARD OF ADJUSTMENTS; 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 PAMPHLET FORM; 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 480-XX, 2nd Reading.
Motion: Jones
Second: Shankland
Ayes: Jones, Morris, Muzyka, Shankland, Wambsganss
Nays: None
Approved: 5-0
Agenda Item No. 5B. Ordinance No. 480-442. 2nd Reading (ZA04-028) Zoning Change
and Site Plan for Southlake Westwood Office Park located at 31 00 West Southlake
Boulevard. Current Zoning: 0-1 Office District. Reauested Zoning: S-P-l Detailed Site
Plan District with 0-1 Office District uses. SPIN Neighborhood #15. Senior Planner
Killough presented this item to Council. Scott Simmons, 1400 Laurel Lane, Southlake,
answered questions from the Council. In accordance with Section 4.21 of the City
Charter, the caption for this term 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 LOT 5R7, BLOCK 3, CIMMARRON ACRES ADDITION, BEING
APPROXIMATELY 2.176 ACRES, AND MORE FULLY AND COMPLETELY
DESCRIBED IN EXHffiIT "A" FROM "0-1" OFFICE DISTRICT TO "S-P-l"
DETAILED SITE PLAN DISTRICT AS DEPICTED ON THE APPROVED SITE
PLAN ATTACHED HERETO AND INCORPORATED HEREIN AS EXHffiIT "B",
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
REGULAR CITY COUNCIL MEETING MINUTES, AUGUST 3, 2004
Page 4 0/8
I," ",
I.
I
I
I
I
I
I
I
10
!I
I
I
II
I
I
I
I.
I
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 480-442, 2nd Reading (ZA04-028) subject to
Planning and Zoning Commission recommendations and Staff Review Summary No.3,
dated July 28, 2004, and granting the requested variances.
Motion: Morris
Second: Shankland
Ayes: Jones, Morris, Muzyka, Shankland, Wambsganss
Nays: None
Approved: 5-0
Agenda Item No. 7C. ZA04-032. Plat Revision for Cimmarron Acres located at 3100
West Southlake Boulevard. Current Zoning: 0-1 Office District. Pronosed Zoning: S-P-l
Detailed Site Plan District with 0-1 Office District uses. SPIN Neighborhood #15.
Senior Planner Killough presented this item to Council.
Motion was made to approve ZA04-032 subject to Plat Review Summary No.3, dated
July 2, 2004, granting the requested variances.
Motion: Shankland
Second: Jones
Ayes: Jones, Morris, Muzyka, Shankland, Wambsganss
Nays: None
Approved: 5-0
Agenda Item No. 7D. Resolution No. 04-058 (ZA04-052) Specific Use Permit for a Mass
Gathering Event for Oktoberfest on nronertv described as Southlake Town Sauare. Phase
One. Current Zoning: DT Downtown District. SPIN Neighborhood #8. Senior Planner
Killough presented this item to Council in conjunction with item 7E. Shelly Johnson,
Southlake Chamber of Commerce, made a presentation and answered Council's
questions. In accordance with Section 4.21 of the City Charter, the caption for this term
is listed as follows:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOUTHLAKE,
TEXAS, GRANTING A SPECIFIC USE PERMIT FOR A MASS GATHERING
EVENT ON PROPERTY WITHIN THE CITY OF SOUTHLAKE, TEXAS, LOCATED
AT THE NORTHEAST CORNER OF E. SOUTHLAKE BLVD. AND N. CARROLL
AVENUE, BEING LEGALLY DESCRIBED AS SOUTHLAKE TOWN SQUARE
PHASE I, AN ADDITION TO THE CITY OF SOUTHLAKE, TARRANT COUNTY,
REGULAR CITY COUNCIL MEETING MINUTES, AUGUST 3, 2004
Page 5 of8
I'
. ,
I.
I
I
I
I
I
I
I
Ie
I
I
I
I
I
I
I
I.
I
TEXAS, ACCORDING TO THE PLAT RECORDED IN CABINET A, SLIDE 4892,
PLAT RECORDS, TARRANT COUNTY, TEXAS, MORE FULLY AND
COMPLETELY DESCRIBED IN EXHffiIT "A", AND AS DEPICTED ON THE
APPROVED SITE 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. 04-058 (ZA04-052) subject to staff
comments:
The Specific Use Permit for the Mass Gathering Event of Oktoberfest permits the event
to occur one weekend per year during the month of October, Friday through Sunday, for
three (3) consecutive years without having to receive a new SUP approval each year, with
the following conditions:
1. A Plan be submitted and approved administratively by the City of Southlake
Department of Public Safety, Parks and Recreation and Planning Department,
subject to all applicable City ordinances and codes, including the criteria for a
mass gathering event described in Ordinance 480, Section 45.14, as amended.
2. The event remains within the general scope of this plan.
Motion:
Second:
Ayes:
Nays:
Approved:
Morris
Jones
Jones, Morris, Muzyka, Shankland, VVambsganss
None
5-0
Agenda Item No. 7E. Resolution No. 04-059 (ZA04-053) Soecific Use Permit for the sale
of alcoholic beverages for Oktoberfest on prooerty described as Southlake Town Sauare.
Phase One. Current Zoning: DT Downtown District. SPIN Neighborhood #8. Senior
Planner Killough presented this item to Council in conjunction with item 7D. Shelly
Johnson, Southlake Chamber of Commerce, made a presentation and answered Council's
questions. In accordance with Section 4.21 of the City Charter, the caption for this term
is listed as follows:
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 VVITHIN THE CITY OF SOUTHLAKE, TEXAS,
LOCATED AT THE NORTHEAST CORNER OF E. SOUTHLAKE BLVD. AND N.
CARROLL AVENUE, BEING LEGALLY DESCRIBED AS SOUTHLAKE TOVVN
SQUARE PHASE I, AN ADDITION TO THE CITY OF SOUTHLAKE, TARRANT
COUNTY, TEXAS, ACCORDING TO THE PLAT RECORDED IN CABINET A,
SLIDE 4892, PLAT RECORDS, TARRANT COUNTY, TEXAS, MORE FULLY AND
COMPLETELY DESCRIBED IN EXHffiIT "A", AND AS DEPICTED ON THE
APPROVED SITE PLAN ATTACHED HERETO AND INCORPORATED HEREIN
AS EXHffiIT "B" AND PROVIDING AN EFFECTIVE DATE.
REGULAR CITY COUNCIL MEETING MINUTES, AUGUST 3, 2004
Page 60f8
I,', ".
I.
I
I
I
I
I
I
1
10
1
1
1
I
I
I
I
I.
I
No one spoke during the public hearing.
Motion was made to approve Resolution No. 04-059 (ZA04-053), subject to staff
comments:
The Specific Use Permit for sale of alcoholic beverages is permitted during the three day
period of the Oktoberfest (ZA04-052) one weekend per year, Friday through Sunday, for
three (3) consecutive years without having to receive a new SUP approval each year, with
the following conditions:
1. A Plan be submitted and approved administratively by the City of Southlake
Department of Public Safety, Parks and Recreation and Planning Department,
subject to all applicable City ordinances and codes, including the criteria for a
mass gathering event described in Ordinance 480, Section 45.14, as amended.
2. The event remains within the general scope of this plan.
Motion:
Second:
Ayes:
Nays:
Approved:
Shankland
Jones
Jones, Morris, Muzyka, Shankland, VVambsganss
None
5-0
Agenda Item No. 8B. Ordinance No. 480-YY. 1st Reading. Amending the Comprehensive
Zoning Ordinance No. 480. Section 4. Definitions. and Section 45. Snecific Use Permits.
as amended. pertaining to petroleum onerations. oil and natural gas drilling and
production. Interim Director Baker presented this item to Council.
Motion was made to approve Ordinance 480- YY, 1st Reading, as approved by the
Planning and Zoning Commission, requiring a tree survey, in compliance with the City's
tree preservation ordinance, be submitted.
Motion: Shankland
Second: Jones
Ayes: Jones, Morris, Muzyka, Shankland, VVambsganss
Nays: None
Approved: 5-0
Agenda Item No. 9B. Resolution No. 04-057. Annointing two alternate members to the
Zoning Board of Adiustment with one term to exnire in Mav 2005 and one term to expire
in Mav 2006. Mayor VV ambsganss presented this item to Council. In accordance with
Section 4.21 of the City Charter, the caption for this term is listed as follows:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOUTHLAKE,
TEXAS, APPOINTING TVVO NEVV ALTERNATE MEMBERS TO THE ZONING
BOARD OF ADJUSTMENT VVITH ONE TERM TO EXPIRE IN MAY 2005 AND
ONE TERM TO EXPIRE IN MAY 2006; AND PROVIDING AN EFFECTIVE DATE.
Motion was made to appoint Danny R. Mayer as Alternate #4, term expiring May 2006
and Michael VValdman as Alternate #3, term expiring May 2005.
REGULAR CITY COUNCIL MEETING MINUTES, AUGUST 3, 2004
Page 70f8
,I ,', ,".
I.
I
I
I
I
I
I
'I
Ie
I
I
I
II
I
II
I
I.
I
Motion:
Second:
Ayes:
Nays:
Approved:
Muzyka
Jones
Jones, Morris, Muzyka, Shankland, VVarnbsganss
None
5-0
Agenda Item No. 11A. Revisions to Sign Ordinance 704-B: Progress Report from the
Planning and Zoning Commission. mterim Director Baker presented this item to Council
during the VV ork Session.
Agenda Item No. 12. Meeting adiourned. Mayor VVarnbsganss adjourned the meeting at
7:47 p.m.
* An audio recording of this meeting will be permanently retained in the City
Secretary's Office.
~
Andy VVarnbsganss
Mayor
ATTEST:
~t2&td{)
Tara A. Brooks
Deputy City Secretary
REGULAR CITY COUNCIL MEETING MINUTES, AUGUST 3, 2004
Page 8 of8
REPORT ON COMPLIANCE AND ON INTERNAL CONTROL
OVER FINANCIAL REPORTING BASED ON AN AUDIT OF FINANCIAL
STATEMENTS PERFORMED IN ACCORDANCE WITH
WEAVER GOVERNMENT AUDITING STANDARDS
LIM
TIDWELL
L P
To the Members of the City Council
CERTIFIED PUBLIC and City Manager
ACCOUNTANTS CITY OF SOUTHLAKE
AND CONSULTANTS
Southlake, Texas
We have audited the basic financial statements of the City of Southlake, as of and for the year
ended September 30, 2003, and have issued our report thereon dated July 23, 2004. We
conducted our audit in accordance with auditing standards generally accepted in the United
States of America and the standards applicable to financial audits contained in Govemment
Auditing Standards, issued by the Comptroller General of the United States.
Compliance
As part of obtaining reasonable assurance about whether the City of Southlake's basic financial
statements are free of material misstatement, we performed tests of its compliance with certain
provisions of laws, regulations, contracts and grants, noncompliance with which could have a
direct and material effect on the determination of financial statement amounts. However,
providing an opinion on compliance with those provisions was not an objective of our audit and,
accordingly, we do not express such an opinion. The results of our tests disclosed no instances
of noncompliance that are required to be reported under Govemment Auditing Standards.
Internal Control Over Financial Reporting
In planning and performing our audit, we considered the City of Southlake's intemal control over
financial reporting in order to determine our auditing procedures for the purpose of expressing
our opinion on the financial statements and not to provide assurance on the intemal control over
financial reporting. Our consideration of the internal control over financial reporting would not
necessarily disclose all matters in the intemal control that might be material weaknesses. A
material weakness is a condition in which the design or operation of one or more of the internal
control components does not reduce to a relatively low level the risk that misstatements in
amounts that would be material in relation to the financial statements being audited may occur
and not be detected within a timely period by employees in the normal course of performing their
assigned functions. We noted no matters involving the internal control over financial reporting
and its operation that we consider to be material weaknesses.
DALLAS This report is intended solely for the information and use of the City Council and City
management, and is not intended to be used by anyone other than these specified parties.
1
1ur,r 1.400
16,/5,. 2 i - 8251 2280 /! // � 4 f, tte
I 9 02. Ni? 1
FORT WORTH WEAVER AND TIDWELL, L.L.P.
1600 S, I, St,, ,I Dallas, Texas
300
It , 7,102-2506 Jul 23, 2004
81 5 32 "905
F 81 - /2 9 9. 50 36
WWW. W EAV E RANDTI DW E L L COM
AN INDEPENDENT MEMBER OF
BAKER TILLY
INTERNATIONAL