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Item 5ACITY OF SOUTHLAKE REGULAR CITY COUNCIL MEETING MINUTES: MARCH 7, 2006 LOCATION 1400 Main Street, Southlake, Texas Council Chambers in Town Hall CITY COUNCIL PRESENT Mayor Andy Wambsganss, Mayor Pro Tern Keith Shankland, Deputy Mayor Pro Tern Carolyn Morris; and Councilmembers Laura K. Hill, Gregory Jones, Virginia M. Muzyka, and John Terrell. CITY COUNCIL ABSENT None. STAFF PRESENT City Manager Shana Yelverton, Assistant City Manager Jim Blagg, Assistant to the City Manager Ben Thatcher, Office Manager /PIO Kim Bush, Manager of Technical Services Gary Gregg, Information Systems Technician Sam Cobb, Library Administrator Kerry McGeath, Director of Community Services Steve Polasek, Director of Economic Development Greg Last, Director of Finance Sharen Jackson, Teen Court Coordinator Amber Cartwright, Director of Human Resources Kevin Hugman, Director of Planning Ken Baker, Chief Planner Dennis Killough, Director of Public Safety Rick Smith, Chief of Fire Services Robert Finn, Chief of Police Services Wade Goolsby, Director of Public Works Bob Price, Deputy Director of Public Works Charlie Thomas, Public Works Operations Manager Chuck Kendrick, Assistant to the Public Works Director Cristina McMurray, City Attorney E. Allen Taylor, and City Secretary Lori Farwell. WORK SESSION The work session was called to order by Mayor Wambsganss at 5:05 p.m. City Council reviewed the agenda items with city staff and applicants. The following items were added to the consent agenda: to withdraw items 7A and 713; to table items 7C and 7D to the March 21, 2006, City Council meeting; to table item 7E to the April 4, 2006, City Council meeting; and to withdraw item 7G as a result of the motion from executive session. The work session ended at 5:09 p.m. REGULAR SESSION: Agenda Item No. 1. Call to order. The regular session was called to order by Mayor Wambsganss at 5:09 p.m. Agenda Item No. 2A. Executive Session Mayor Wambsganss announced 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; and Section 551.087, deliberation regarding economic development negotiations. City Council adjourned for Executive Session at 5:46 p.m. Executive Session began at 5:18 p.m. and ended at 6:30 p.m. UNOFFICIAL REGULAR CITY COUNCIL MEETING MINUTES, MARCH 7, 2006 Page I of 5 Agenda Item No. 2B. Reconvene Mayor Wambsganss reconvened the regular meeting at 6:36 p.m. Mayor Wambsganss asked if any motion was necessary from Executive Session. Motion was made to accept the face amount of the assessment as presented on the Notice of Assessment from Tarrant County and to withdraw Agenda Item No. 7G, Ordinance No. 512 -A, 2" d Reading, Amending Ordinance No. 512, which levied assessments for part of the cost of sanitary sewer improvements in Continental Park Estates. Motion: Terrell Second: Shankland Ayes: Hill, Jones, Morris, Muzyka, Shankland, Terrell, Wambsganss Nays: None Approved: 7 -0 Agenda Item No. 3. Invocation The invocation was given by Coy Quesenbury, Lonesome Dove Baptist Church. Mayor Wambsganss led the audience in the pledge of allegiance. Agenda Item No. 4A. Mayor's Report Mayor Wambsganss announced upcoming meetings and events. Later in the evening as a part of the Mayor's Report, Mayor Wambsganss read a letter into the record from the Cross Timber Hills Homeowner's Association who thanked the City for the recent repaving project in their neighborhood. Agenda Item No. 4A1. Southlake Lions Club presentation. Mayor Wambsganss introduced members of the Southlake Lions Club: Janice Gaddie, Olen Berry, David Nicastro, Pieter Andries Hye, and Marilyn Hye, who presented checks totaling $25,000 to the Shield Foundation and presented a wall plaque honoring retired Police Chief Marlin Price for his vision of the Foundation. Agenda Item No. 4A2. Southlake Chamber of Commerce — Youth of the Year. Mayor Wambsganss recognized the Southlake Chamber of Commerce's Youth of the Year, Alex Clift, and the Citizen of the Year, SPIN Standing Committee. SPIN Standing Committee representative, Roger Hutton, thanked City Council for their support. Agenda Item No. 4B. City Manager's Report. There was no report. Agenda Item No. 4C. Parks and Recreation Board Report. Mary Georgia, 2404 Taylor, Southlake, Texas, presented information on upcoming and recent events and meetings. 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 the minutes for the February 13, 2006, City Council work session and for the February 21, 2006, regular City Council meeting_ A presentation was not made on this item. UNOFFICIAL REGULAR CITY COUNCIL MEETING MINUTES, MARCH 7, 2006 Page 2 of 5 Agenda Item No. 5B. Authorize the Mayor to execute two lease agreements with Metro PCs Texas, L.L.C., for the placement of wireless communication antennas on the Bicentennial Park and Florence Water towers. A presentation was not made on this item. Agenda Item No. 5C. Authorize the Mayor to execute a Residential Developer's Agreement for 1223 Woodsey Court for the construction of approximately 985 linear feet of public sanitary sewer along Woodsey Court. A presentation was not made on this item. Agenda Item No. 5D. Authorize the Mayor to enter into a settlement agreement with Marcus Cable Associates, L.L.C. d /b /a Charter Communications relating to the Consortium Cities audit of Charter Communications. A presentation was not made on this item. Agenda Item No. 5E. Ordinance No. 893, 1s Reading, Establishing an additional penalty on Ad Valorem personal property taxes which remain delinquent for more than 60 days after February 1 of any year. A presentation was not made on this item. Agenda Item No. 5F. Authorize the City Manager to enter into professional services contract with Weaver and Tidwell, L.L.P., for audit services. A presentation was not made on this item. Agenda Item No. 7A. Ordinance No. 480 -479, 2nd Reading_(ZA05 -154), Zoning Change and Concept Plan for proposed Hawthorne Place on approximately 10 acres located along the east side of Randol Mill Avenue approximately 1,200 feet north of Johnson Road, being legally described as Tracts IE, 1E01, 11301, and a portion of Tract 1D02, Ben J. Foster Survey, Abstract No. 519. Current Zoning: AG Agricultural District. Requested Zoning: SF -20A Single Family Residential District. SPIN Neighborhood #13. This item was withdrawn by the applicant. Agenda Item No. 7B. ZA05 -155, Preliminary Plat for proposed Hawthorne Place on property located along the east side of Randol Mill Avenue approximately 1,200 feet north of Johnson Road. Current Zoning: AG Agricultural District. Proposed Zoning: SF -20A Single Family Residential District. SPIN Neighborhood #13. This item was withdrawn by the applicant. Agenda Item No. 7C. Ordinance No. 480 -480, 2nd Reading (ZA05 -068), Zoning Change and Concept Plan for Southlake Crossroads (f.k.a. Carroll Crossroads) on property described as being a portion of Tract 4G, O.W. Knight Survey, Abstract No. 899, located at the southwest corner of East Southlake Boulevard and South Carroll Avenue. Current Zoning: AG Agricultural District. Requested Zoning: S -P -2 Generalized Site Plan District. SPIN Neighborhood # 9e. This item is tabled to the March 21, 2006 City Council meeting. Agenda Item No. 7D. ZA05 -173, Preliminary Plat for Tracts 4G, 4131, and 4E1, O.W. Knight Survey, Abstract No. 899. The property is approximately 19.3 acres located approximately 340 feet west of the southwest corner of South Carroll Avenue and East Southlake Boulevard. Current Zoning: AG Agricultural District. Proposed Zoning: S -P -2 Generalized Site Plan District. SPIN Neighborhood #9e. This item is tabled to the March 21, 2006 City Council meeting. UNOFFICIAL REGULAR CITY COUNCIL MEETING MINUTES, MARCH 7, 2006 Page 3 of 5 Agenda Item No. 7E. Ordinance No. 585 -C, 2nd Reading, Tree Preservation Ordinance and Technical Manual. This item is tabled to the first City Council meeting in April. Agenda Item No. 7G. Ordinance No. 512 -A, 2nd Reading, Amending Ordinance No. 512, which levied assessments for part of the cost of sanitary sewer improvements in Continental Park Estates in the City of Southlake. This item was withdrawn as a result of the motion from executive session. Motion was made to approve the consent agenda items 5A; 513; 5C; 513; 5E; 5F; to withdraw items 7A and 713; to table items 7C and 7D to the March 21, 2006, City Council meeting; to table item 7E to the April 4, 2006, City Council meeting; and to withdraw item 7G as a result of the motion from executive session. Motion: Jones Second: Terrell Ayes: Hill, Jones, Morris, Muzyka, Shankland, Terrell, Wambsganss Nays: None Approved: 7 -0 REGULAR AGENDA: Agenda Item No. 6. Public Forum No one spoke. Agenda Item No. 7F. Resolution No. 06 -014, (ZA06 -006), Specific Use Permit for the sale of alcoholic beverages at Brio Tuscan Grille located 1431 Plaza Place. Current Zoning: DT Downtown District. SPIN Neighborhood #8. Chief Planner Killough presented this item to Council. Applicant Jeff Wood, General Manager of Brio Tuscan Grill, made a presentation to Council and answered Council's questions. 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, GRANTING A SPECIFIC USE PERMIT FOR THE SALE OF ALCOHOLIC BEVERAGES ON PROPERTY WITHIN THE CITY OF SOUTHLAKE, TEXAS, BEING 1431 PLAZA PLACE, BEING LEGALLY DESCRIBED AS A PORTION OF TRACT 2A5, SITUATED IN THE R. EADS SURVEY, ABSTRACT NO. 481, MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A ", AND AS DEPICTED ON THE APPROVED DEVELOPMENT PLAN ATTACHED HERETO AND INCORPORATED HEREIN AS EXHIBIT `B" AND PROVIDING AN EFFECTIVE DATE. No one spoke during the public hearing. Motion was made to approve Resolution No. 06 -014, (ZA06 -006), Specific Use Permit for the sale of alcoholic beverages at Brio Tuscan Grille located 1431 Plaza Place subject to the recommendations of the Planning and Zoning Commission and subject to the term of the lease set to expire on January 31, 2022. Motion: Jones Second: Terrell UNOFFICIAL REGULAR CITY COUNCIL MEETING MINUTES, MARCH 7, 2006 Page 4 of 5 Ayes: Hill, Jones, Morris, Muzyka, Shankland, Terrell, Wambsganss Nays: None Approved: 7 -0 Agenda Item No. 8A. Ordinance No. 480 -481, 1 st Reading (ZA05 -146), Zoning Change and Site Plan for Bicentennial Plaza located at 410 West Southlake Boulevard. Current Zoning: C -2 Local Retail Commercial District. Requested Zoning: S -P -1 Detailed Site Plan District. An alternate site plan is also to be considered under the current C -2 Local Retail Commercial District zoning with no proposed zoning change. SPIN Neighborhood #10. Chief Planner Killough presented this item to Council. Applicant Tom Stephen, 711 Dominion, Southlake, Texas answered Council's questions. Council asked questions and discussed this request with the applicant. Mayor Wambsganss announced 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; and Section 551.087, deliberation regarding economic development negotiations. City Council adjourned for Executive Session at 7:41 p.m. Executive Session began at 7:45 p.m. and ended at 8:01 p.m. Mayor Wambsganss reconvened the regular meeting at 8:03 p.m. After a brief discussion, the applicant expressed a willingness to table this item until the next City Council meeting. Motion was made to table this item to the March 21, 2006, City Council meeting Motion: Shankland Second: Terrell Ayes: Hill, Jones, Morris, Muzyka, Shankland, Terrell, Wambsganss Nays: None Approved: 7 -0 Agenda Item No. 12. Meeting adjourned. Mayor Wambsganss adjourned the meeting at 8:08 p.m. *An audio recording of this meeting will be permanently retained in the City Secretary's Office. Andy Wambsganss Mayor ATTEST: Lori A. Farwell, TRMC City Secretary UNOFFICIAL REGULAR CITY COUNCIL MEETING MINUTES, MARCH 7, 2006 Page 5 of 5