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2005-01-18 Regular CC Meeting I I. I I I I I I I I. I I I I I I I I. I CITY OF SOUTHLAKE REGULAR CITY COUNCIL MEETING: JANUARY 18. 2005 LOCATION: 1400 Main Street, Southlake, Texas Council Chambers in Town Hall WORK SESSION: 5:30 to 6:00 P.M. 1. Callto 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 immediatelv followin2 the work session 1. Callto 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(f), 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 meetm2 that a need arises for the City Council to seek advice from the City Attornev as to the BOlted 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. b. Seek advice of the city attorney regarding changes in property values based upon tax exempt status. c. Seek advice of the city attorney regarding Public Works investigation. d. Seek advice of the city attorney regarding claim made by Schmeidel family. 2. Section 551.074: Deliberation re2ardin2 oersonnel matters a. Deliberate the appointment of an Alternate Municipal Judge. 3. Section 551.087: Deliberation re2ardin2 economic develooment ne20tiations a. Economic incentives for businesses. B. Reconvene: Action necessary on items discussed in Executive Session. I I. I I I I I I I I. I I I I I I I I. I . City of Soutblake City Council meeting agenda January 18, 2005 Page 2 of6 3. INVOCATION: Margy Gore, Good Shepherd Catholic Church 4. REPORTS: A. Mayor's Report 1. Video and presentation by Southlake Baseball Association B. City Manager's Report C. Financial Report D. School District Report E. Local Business Report 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 the minutes for the January 4, 2005, regular City Council meeting and for the January 11, 2005, special City Council meeting. B. Authorize the Mayor to execute a sanitary sewer easement on park property. C. Approve the proposed amended Interlocal Agreement with Carroll Independent School District for Park, Playground, and Other Recreational Facilities. D. ZA04-083, Plat Showing for proposed Lots 9 - 12, LBG Hall No. 686 Addition located on the northwest comer of West Southlake Boulevard and Shady Oaks Drive. Current Zoning: S-P-l Detailed Site Plan District. SPIN Neighborhood #13. E. ZA04-099, Plat Revision for proposed Lot 4Rl, Block 3, Cornerstone Business Park, located on the west side of Silicon Drive and Exchange Boulevard. Current Zoning: 0-1 Office District. SPIN Neighborhood #7. F. Consider SP04-131, Variance to the Sign Ordinance 704-B for La Petite Academy located at 1400 West Southlake Boulevard. THE APPLICANT HAS REQUESTED TO TABLE THIS ITEM TO THE FEBRUARY 15, 2005, CITY COUNCIL MEETING. 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 January 18, 2005 Page 3 of 6 G. Ordinance No. 480-446, (ZA04-044), 15t Reading, Zoning Change and Concept Plan for Kimball Estates located at 1470 North Kimball Avenue. Current Zoning: SF-IA Single Family Residential District. Requested Zoning: SF-20A Single Family Residential District. SPIN Neighborhood #5. THE APPLICANT HAS REQUESTED TO TABLE TmS ITEM TO THE FEBRUARY 15,2005, CITY COUNCIL MEETING. REGULAR AGENDA 6. Public Forum. 7. Ordinances, second readings, public hearings, and related items: A. Ordinance No. 480-450, (ZA04-086), 2nd Reading, Zoning Change for 1280 Sunshine Lane. Current Zoning: AG Agricultural District. Requested Zoning: SF-IA Single Family Residential District. SPIN Neighborhood #3. PUBLIC HEARING B. ZA04-087, Plat Showing for Lots 15-17, F. Throop, No. 1511 located at 1280 Sunshine Lane. Current Zoning: AG Agricultural District. Proposed Zoning: SF-IA Single Family Residential District. SPIN Neighborhood #3. C. Resolution No. 05-004, (ZA04-105), Specific Use Permit for the sale of alcoholic beverages at Fish City Grill located at 2750 East Southlake Boulevard, Suite 140. Current Zoning: S-P-2 Generalized Site Plan District. SPIN Neighborhood #7. PUBLIC HEARING 8. Ordinances, first readings, and related items: A. Ordinance No. 882, 15t Reading, Appointing an Alternate Municipal Judge and authorizing the Mayor to execute an agreement with the Alternate Municipal Judge and providing an effective date. (If approved on first reading, the public hearing will be held February 1, 2005.) B. Ordinance No. 598-B, 15t Reading, Ordinance revisions establishing the Southlake Program for the Involvement of Neighborhoods (SPIN). (If approved on first reading, the public hearing will be held February 1, 2005.) 9. Resolutions: (There are no items on this agenda.) 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 January 18, 2005 Page 4 of6 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. ZA04-107, Plat Revision for proposed Lots lRl - 7R, Block A, 114 & Carroll Addition located at the northwest intersection of State Highway 114 and North Carroll Avenue. Current Zoning: S-P-2 Generalized Site Plan District and C-3 General Commercial District. SPIN Neighborhood #6. II. Other items for discussion: A. Wireless Broadband Initiative. 12. Meeting adjourned. 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, January 14, 2005, by 6:00 p.m., pursuant to the Texas Government Code, Chapter 551. ~ ~ ""n...."., .. (). ............, oU T,.,[).~", ...... !< CO ........~...,..~'~ $ 0..- ..,,- ~ ~:..... ~"""~ Lori A. Farwell, TRMC : I- : * ,,~ ': City Secretary ~ {3 \ 1 ~ i ': e. ~0i ~ ... ..a i lfyou plan to attend this public meeting ant/'1r9.ve-;.dist2';i/i"ihat requires special needs, please advise the City Secretary's Office 48 hour;"'in,~'e 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 January 18,2005 Page 5 of6 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 ofSouthlake vs. Timarron et.al. May 2001. 2. Architectural Utilities Limited Partnership dba AU! General Contractors vs. City of Southlake. March 2003. 3. Steve L. Perry and Aline Perry vs. City of Southlake. November 2003. 4. R.E. and Marilyn Smith vs. City ofSouthlake. December 2003. 5. City of South lake vs. Howard E. Carr, Jr. March 2004. 6. 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 Southlake. 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. Section 551.087: Deliberation re2ardin2 economic develoDment ne2otiations 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. 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 January 18, 2005 Page 6 of6 Section 418.183lfl: Texas Disaster Act The City Council may deliberate information: 1) 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 418.106ld) & le): Local meetine:s to discuss emere:encv manae:ement Dlans ree:ardine: Dioeline 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 CITY OF SOUTHLAKE OFFICIAL RECORD REGULAR CITY COUNCIL MEETING MINUTES: JANUARY 18. 2005 LOCATION: 1400 Main Street, Southlake, Texas Council Chambers in Town Hall CITY COUNCIL PRESENT: Mayor Andy Wambsganss, Mayor Pro Tem Keith Shankland and Deputy Mayor Pro Tem Carolyn Morris; and Councilmembers Laura K. Hill, Gregory Jones, Virginia M. Muzyka, and John Terrell. CITY COUNCIL ABSENT: None. STAFF PRESENT: Acting City Manager Shana Yelverton, Assistant to the City Manager Ben Thatcher, Executive Secretary Kim Bush, Library Administrator Kerry McGeath, Manager of Information Systems Gary Gregg, Audio Visual System Technician Pam Jordan, Information Systems Technician Sam Cobb, Director of Community Services Malcolm Jackson, Deputy Director of Community Services Steve Polasek, Director of Economic Development Greg Last, Director of Finance Sharen Elam, Director of Human Resources Kevin Hugman, Senior Planner Dennis Killough, Planner Ben Bryner, Director of Public Safety Rick Black, Chief of Police Services Marlin Price, Chief of Fire Services Robert Finn, Director of Public Works Pedram Farahnak, Deputy Director of Public Works Charlie Thomas, City Attorney Tim Sralla and City Secretary Lori Farwell. WORK SESSION: The work session was called to order by Mayor Wambsganss at 5:38 p.m. City Council reviewed the agenda items with city staff and applicants. Agenda items 8B, lOA acknowledging there were no absences to excuse, and lOB subject to Plat Review Summary No.1, dated December 30, 2004, were added to 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 or order by Mayor Wambsganss at 6:19 p.m. Agenda Item No. 2A. Executive Session. Mayor Wambsganss announced the City Council would be going into Executive Session pursuant to the Texas Government Code, Section 551.071, consultation with city attorney; Section 551.074, deliberation regarding personnel matter; Section 551.087, deliberation regarding economic development negotiations. City Council adjourned for Executive Session at 6:19 p.m. Executive Session began at 6:35 p.m. and ended at 7:35 p.m. Agenda Item No. 2B. Reconvene. Mayor Wambsganss reconvened the regular meeting at 7:40 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, JANUARY 18, 2005 Page 1 of6 I I. I I I I I I I I. I I I I I I I I. I Agenda Item No.3. Invocation. The invocation was given by Margy Gore from Good Shepherd Catholic Church. Mayor Wambsganss led the pledge of allegiance. Agenda Item No. 4A. Mavor's ReJ>ort. Mayor Wambsganss announced upcommg meetings and events. Agenda Item No. 4Al. Video and Dresentation bv Southlake Baseball Association. Councilmember Jones introduced this item for the Southlake Baseball Association. Lou Miltenberger presented a video presentation to Council. President of SBA, J.B. Manning, introduced players and coaches and thanked Brian Small for his good work on the video and Director Jackson and the Community Services Department for the good work they do. Kevin Cox discussed the daily issues with the ball fields. Agenda Item No. 4B. City Manager's Reoort. There was no report given. Agenda Item No. 4C. Financial Reoort. A written report was included in City Council's packet. Agenda Item No. 4D. School District Report. School Board President Dale Crane gave the school district report for Carroll Independent School District. Agenda Item No. 4E. Local Business Reoort. Director Last introduced, Mary Davis, of Roly Poly who introduced her local business to the Council. CONSENT AGENDA: Consent agenda items are considered to be routine by the City Council and are enacted with one motion. Agenda Item No. SA. ADDrove the minutes for the January 4. 2005. regular City Council meeting and for the January 11. 2005. sDecial City Council meeting. Approved as presented. Agenda Item No. 5B. Authorize the Mavor to execute a sanitary sewer easement on Dark property. Director Jackson presented this item to Council during the work session. Agenda Item No. 5C. ADDrove the DroDosed amended Interlocal Agreement with Carroll Indeoendent School District for Park. Playground. and Other Recreational Facilities. Deputy Director Polasek presented this item to Council during the work session. Agenda Item No. 5D. ZA04-083. Plat ShowinlZ for DroDosed Lots 9 - 12. LBG Hall No. 686 Addition located on the northwest comer of West Southlake Boulevard and Shady Oaks Drive. Current Zoning: S-P-l Detailed Site Plan District. SPIN Neighborhood #13. Senior Planner Killough presented this item to Council during the work session. Applicant Terry Wilkinson answered Council's questions. REGULAR CITY COUNCIL MEETING MINUTES, JANUARY 18, 2005 Page 2 of6 I, I. I I I I I I I I. I I I I I I I I. I Agenda Item No. 5E. ZA04-099. Plat Revision for l>rooosed Lot 4Rl. Block 3. Cornerstone Business Park. located on the west side of Silicon Drive and Exchange Boulevard. Current Zoning: 0-1 Office District. SPIN Neighborhood #7. Senior Planner Killough presented this item to Council during the work session. Agenda Item No. SF. Consider SP04-131. Variance to the Sign Ordinance 704-B for La Petite Academv located at 1400 West Southlake Boulevard. The applicant requested to table this item to the February 15, 2005, City Council meeting. Agenda Item No. 5G. Ordinance No. 480-446. (ZA04-044t 1st Reading. Zoning Change and Concent Plan for Kimball Estates located at 1470 North Kimball Avenue. Current Zoning: SF-IA Single Family Residential District. Reauested Zoning: SF-20A Single Family Residential District. SPIN Neighborhood #5. The applicant requested to table this item to the February 15, 2005, City Council meeting. Agenda Item No. 8B. Ordinance No. 598-B. 1st Reading. Ordinance revisions establishing the Southlake Program for the Involvement of Neighborhoods (SPIN). Assistant to the City Manager Thatcher presented this item to Council during the work seSSIOn. Agenda Item No. lOA. Consider excusing members of the City Council and of the Planning and Zoning Commission for absences from meetings. There were no absences to excuse. Agenda Item No. lOB. ZA04-1 07. Plat Revision for orooosed Lots lRl - 7R. Block A. 114 & Carroll Addition located at the northwest intersection of State Highwav 114 and North Carroll Avenue. Current Zoning: S-P-2 Generalized Site Plan District and C-3 General Commercial District. SPIN Neighborhood #6. Senior Planner Killough presented this item to Council during the work session. Motion was made to approve consent agenda items SA; 5B; 5C; 5D subject to Plat Review Summary No.4, dated December 30, 2004; 5E subject to Plat Review Summary No.1, dated December 30, 2004; SF to table to the February 15, 2005, City Council meeting; 5G to table to the February 15, 2005, City Council meeting; 8B; lOA acknowledging there were no absences to excuse; and lOB subject to Plat Review Summary No.1, dated December 30, 2004. Motion: Terrell Second: Muzyka Ayes: Jones, Hill, Morris, Muzyka, Shankland, Terrell, Wambsganss Nays: None Approved: 7-0 REGULAR AGENDA: Agenda Item No.6. Public Forum. No one spoke during the public forum.s REGULAR CITY COUNCIL MEETING MINUTES, JANUARY 18, 2005 Page 3 0[6 I I. I I I I I I I I. I I I I I I I . I I Agenda Item No. 7 A. Ordinance No. 480-450. (ZA04-086t 2nd Reading. Zoning Change for 1280 Sunshine Lane. Current Zoning: AG Agricultural District. Reauested Zoning: SF-IA Single Familv Residential District. SPIN Neighborhood #3. Senior Planner Killough presented this item to Council. The applicant was present but did not speak. 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 TRACT 3AIDl, SITUATED IN THE F. THROOP SURVEY, ABSTRACT NO. 1511, BEING APPROXIMATELY 3.95 ACRES, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHffiIT "A" FROM "AG" AGRICULTURAL 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 EFFECTIVE DATE. No one spoke during the public hearing. Motion was made to approve Ordinance No. 480-450, (ZA04-086), 2nd Reading, Zoning Change for 1280 Sunshine Lane as presented. Motion: Terrell Second: Shankland Ayes: Jones, Hill, Morris, Muzyka, Shankland, Terrell, Wambsganss Nays: None Approved: 7-0 Agenda Item No. 7B. ZA04-087. Plat Showing for Lots 15-17. F. ThrooP. No. 1511 located at 1280 Sunshine Lane. Current Zoning: AG Agricultural District. Proposed Zoning: SF-IA Single Family Residential District. SPIN Neighborhood #3. Senior Planner Killough presented this item to Council. Motion was made to approve ZA04-087, Plat Showing for Lots 15-17, F. Throop, No. 1511 located at 1280 Sunshine Lane subject to Plat Review Summary No.2, dated December 3, 2004. Motion: Terrell Second: Muzyka REGULAR CITY COUNCIL MEETING MINUTES, JANUARY 18, 2005 Page 4 of6 I I. I I I I I I I I. I I I I I I I I. I Ayes: Nays: Approved: Jones, Hill, Morris, Muzyka, Shankland, Terrell, Wambsganss None 7-0 Agenda Item No. 7C. Resolution No. 05-004. (ZA04-105)' Soecific Use Permit for the sale of alcoholic beverages at Fish City Grill located at 2750 East Southlake Boulevard. Suite 140. Current Zoning: S-P-2 Generalized Site Plan District. SPIN Neighborhood #7. Senior Planner Killough presented this item to Council. He said the applicant has indicated the lease on this property is for a term of 10 years. 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 BEGERAGES ON PROPERTY WITHIN THE CITY OF SOUTHLAKE, TEXAS, 2750 E. SOUTHLAKE BOULEVARD, SUITE 140, BEING LEGALLY DESCRIBED AS A PORTION OF LOT 3, BLOCK 2, GATEWAY PLAZA PHASE II, 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. 05-004, (ZA04-105), Specific Use Permit for the sale of alcoholic beverages at Fish City Grill located at 2750 East Southlake Boulevard, Suite 140, as presented. Motion: Terrell Second: Jones Ayes: Jones, Hill, Morris, Muzyka, Shankland, Terrell, Wambsganss Nays: None Approved: 7-0 Agenda Item No. 8A. Ordinance No. 882. 1st Reading. Ap~ointing an Alternate MuniciDal Judge and authorizing the Mavor to execute an agreement with the Alternate Municioal Judge and oroviding an effective date. Mayor Wambsganss presented this item to Council. Motion was made to approve Ordinance No. 882, 1st Reading, Appointing an Alternate Municipal Judge being Gary Lee Hach and authorizing the Mayor to execute an agreement with the Alternate Municipal Judge and providing an effective date of February 1, 2005. Motion: Shankland Second: Terrell Ayes: Jones, Hill, Morris, Muzyka, Shankland, Terrell, Wambsganss Nays: None Approved: 7-0 REGULAR CITY COUNCIL MEETING MINUTES, JANUARY 18, 2005 Page 5 of6 I I. I I I I I I I I. I I I il I I I I. I Agenda Item No. l1A. Discussion item for wireless broadband initiative. Mayor Wambsganss introduced this item to Council during the work session. Manager of Information Systems Gregg presented this item to Council and led a discussion with them. Agenda Item No. 12. Meeting ad1ourned. Mayor Wambsganss adjourned the meeting at 8:34 p.m. * An audio recording of this meeting will be permanently retained in the City Secretary's Office. :Et ~ --- Andy Wambsganss Mayor --- ATIEST: "",",",,,, ", "TH 'I, ........ e...Ou L~ :"'" ..' ~~ ~ .......;:vr~ '.- ,,:. ~ ._ e. ,~- ., ~ 0 · .... ~ $'-. Ie * -.,;.-:., ..,..... et\\- :1-: ~)(: :-; :>= :0\ 10= ;-. .-$ ~ e. . ~ '~ ............ ,$ '",.... ".... '" ...-*ir ", "",......", ~'()~ Lori A. Farwell, TRMC City Secretary REGULAR CITY COUNCIL MEETING MINUTES, JANUARY 18, 2005 Page 6016