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Item 5ACITY OF SOUTHLAKE REGULAR CITY COUNCIL MEETING MINUTES: DECEMBER 7, 2004 LOCATION: 1400 Main Street, Southlake, Texas Council Chambers in Town Hall CITY COUNCIL PRESENT Mayor Andy Wambsganss, Mayor Pro Tern Keith Shankland; and Councilmembers Laura K. Hill, Gregory Jones (arrived at 5:52 p.m.), Virginia M. Muzyka, and John Terrell. CITY COUNCIL ABSENT Deputy Mayor Pro Tern Carolyn Morris. STAFF PRESENT City Manager Billy Campbell, Assistant City Manager Shana Yelverton, Assistant to the City Manager Ben Thatcher, Library Administrator Kerry McGeath, 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 Stefanie Wagoner, Director of Finance Sharen Elam, Director of Human Resources Kevin Hugman, Director of Planning Ken Baker, Senior Planner Dennis Killough, Chief of Fire Robert Finn, Chief of Administration Garland Wilson, Director of Public Works Pedram Farahnak, City Attorney E. Allen Taylor, and City Secretary Lori Farwell. WORK SESSION The work session was called to order by Mayor Wambsganss at 5:34 p.m. City Council reviewed the agenda items with city staff and applicants. Agenda items 8A to table to January 4, 2005, 9A, 10A, lOB, IOD, 10E, lOF, IOG, IOH, 10I, IOJ, IOK, IOL, IOM, ION, 100, 1 O and IOR were added to the consent agenda. The work session ended at 6:06 p.m. REGULAR SESSION: Agenda Item No. 1. Call to order The regular session was called to order by Mayor Wambsganss at 6:06 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; Section 551.087, deliberation regarding economic development negotiations; Section 418.183(f) Texas Disaster Act; and Section 418.106(d) & (e), local meetings to discuss emergency management plans regarding pipeline safety. City Council adjourned for Executive Session at 6:06 p.m. Executive Session began at 6:25 p.m. and ended at 7:25 p.m. Agenda Item No. 2B. Reconvene Mayor Wambsganss reconvened the regular meeting at 7:26 p.m. The Mayor asked if any action was necessary as a result of the Executive Session. UNOFFICIAL REGULAR CITY COUNCIL MEETING MINUTES, DECEMBER 7, 2004 Page I of 9 Motion was made to approve contract for the purchase of property at the northeast corner of FM 1709 and Pearson Lane as discussed in Executive Session (Agenda Item No. IOC). Motion: Jones Second: Shankland Ayes: Hill, Jones, Muzyka, Shankland, Terrell, Wambsganss Nays: None Approved: 6 -0 Motion was made to authorize a response to the offer of settlement in the City of Southlake vs. Howard E. Carr, Jr., case as discussed in Executive Session. Motion: Jones Second: Terrell Ayes: Hill, Jones, Muzyka, Shankland, Terrell, Wambsganss Nays: None Approved: 6 -0 Motion was made to pay an annual salary of $135,000 with a vehicle allowance and monthly amount of $250 toward deferred compensation to Shana Yelverton when she becomes City Manager and to pay an annual salary of $72,000 to City Secretary Lori Farwell. Motion: Shankland Second: Terrell Ayes: Hill, Jones, Muzyka, Shankland, Terrell, Wambsganss Nays: None Approved: 6 -0 Regarding the contracts for the City Manager designee and for the City Secretary, City Attorney Taylor later confirmed that this motion authorizes the Mayor to execute the contracts that contain those terms. The Mayor and Council agreed. Agenda Item No. 3. Invocation The invocation was given by Mayor Pro Tern Shankland. Mayor Wambsganss led the pledge of allegiance. Agenda Item No. 4A. Mayor's Report Mayor Wambsganss announced upcoming meetings and events. Agenda Item No. 4B. City Manager's Report City Manager Campbell announced that the Planning Department recently won the Project Planning Award from the Texas Chapter of the American Planning Association for recent work on the Davis Boulevard /FM 1938 Corridor Study. Agenda Item No. 4C. SPIN Board Report: A written report was included in Council's packet. Agenda Item No. 4D. Library Board Report: A written report was included in Council's packet. Agenda Item No. 4E. Park and Recreation Board Report Park Board member Michael Mills announced recent and upcoming park activities. UNOFFICIAL REGULAR CITY COUNCIL MEETING MINUTES, DECEMBER 7, 2004 Page 2 of 9 Agenda Item No. 4F. Local Business Report: Director Last introduced local business owner, Bobby Rawls, of Velocity Sports Performance who introduced his business to the 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 the minutes for the November 9, 2004, regular City Council meeting; November 15, 2004, special City Council meeting; and for the November 16, 2004, regular City Council meeting_ Approved as presented. Agenda Item No. 8A. Ordinance No. 480 -446, (ZA04 -044), 1S 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. City Council agreed to table this item to the January 4, 2005, meeting. Agenda Item No. 9A. Resolution No. 04 -077, a resolution relating to the " Southlake Parks Development Corporation Sales Tax Third Lien Revenue Bonds, Series 2004 "; approving ig�) the resolution of the Southlake Parks Development Corporation authorizing the issuance of such Bonds and (ii) the execution, on behalf of the City, of the Financing/Tjse Agreement relating to such financing by the Corporation; resolving other matters incident and related to the issuance of such Bonds, and providing an effective date. Jim Sabonis, Senior Vice President of First Southwest Company, presented this item to Council during the work session. Agenda Item No. 10A. Consider excusing members of the City Council and of the Planning and Zoning Commission for absences from meetings City Council excused the absence P &Z Commissioner Al Morin from the November 18, 2004, Planning and Zoning Commission meeting. Agenda Item No. IOB. Consider canceling or rescheduling the December 21, 2004, City Council meeting. City Council agreed to cancel the December 21, 2004, City Council meeting. Agenda Item No. 10D. Consider the 2005 meeting and development application submittal schedule. Senior Planner Killough presented this item to Council during the work session. Agenda Item No. 10E. Award of bid to American Landscape Systems for landscape maintenance of Town Square public area. Deputy Director Polasek presented this item to Council during the work session. Agenda Item No. 10F. Approve a Community Services Agreement with Grapevine Relief and Community Exchange (GRACE) Deputy Director Polasek presented this item to Council during the work session. Agenda Item No. 10G. Approve a Community Services Agreement with The Women's Shelter Deputy Director Polasek presented this item to Council during the work session. UNOFFICIAL REGULAR CITY COUNCIL MEETING MINUTES, DECEMBER 7, 2004 Page 3 of 9 Agenda Item No. 10H. Approve a Community Services Agreement with Metroport Meals on Wheels. Deputy Director Polasek presented this item to Council during the work session. Agenda Item No. 10I. Approve a Community Services Agreement with Southlake Sister Cities. Deputy Director Polasek presented this item to Council during the work session. Agenda Item No. IOJ. Approve a Community Services Agreement with Southlake Community Band. Deputy Director Polasek presented this item to Council during the work session. Agenda Item No. IOK. Approve a Community Services Agreement with Call A Ride of Southlake, Inc. Deputy Director Polasek presented this item to Council during the work session. Agenda Item No. IOL. Approve a Community Services Agreement with Southlake Historical Society. Deputy Director Polasek presented this item to Council during the work session. Agenda Item No. IOM. Approve a Community Services Agreement with Keep Southlake Beautiful. Deputy Director Polasek presented this item to Council during the work session. Agenda Item No. ION. Approve a Community Services Agreement with Southlake Women's Club for Art in the Square. Deputy Director Polasek presented this item to Council during the work session. Agenda Item No. 100. Approve an Interlocal Agreement with the Fort Worth Transportation Authority. Deputy Director Polasek presented this item to Council during the work session. Agenda Item No. IOP. Approve a Community Services Agreement with the Bob Jones Nature Center contingent upon their receipt of 50lc3 non - profit status. Deputy Director Polasek presented this item to Council during the work session. Agenda Item No. IOR. Consider SPO4 -268, Variance to the Sign Ordinance 704 -B for Shogun Restaurant located at 2970 East Southlake Boulevard. Senior Planner Killough presented this item to Council during the work session. Motion was made to approve the consent agenda Items 5A; 8A to table to the January 4, 2005, City Council meeting; 9A; IOA excusing the absence of P &Z Commissioner Al Morin from the November 18, 2004, Planning and Zoning Commission meeting; lOB; IOD; 10E; IOF; IOG; IOH; 10I; 1OJ; IOK; IOL; IOM; ION; 100; 1OP; and IOR approving a monument sign with a total combined height of the base and the sign of no greater than 6 feet and a width of no greater than 11 feet. Motion: Terrell Second: Shankland Ayes: Hill, Jones, Muzyka, Shankland, Terrell, Wambsganss Nays: None Approved: 6 -0 UNOFFICIAL REGULAR CITY COUNCIL MEETING MINUTES, DECEMBER 7, 2004 Page 4 of 9 REGULAR AGENDA: Agenda Item No. 6. Public Forum Franklin Peterson and Janice Gaddie of the Southlake Lions Club discussed the Southlake Shield Foundation and an upcoming Foundation fundraiser on December 14 at Pieter Andries Jewelers. Agenda Item No. 7A. Resolution No. 04 -072, Adoption of the Davis Boulevard/FM 1938 Corridor Study as a component of the Southlake 2025 Plan, the Comprehensive Master Plan for the City of Southlake Director Baker presented this item to Council. Vice - Chairman of the Planning and Zoning Commission, Debra Edmondson, 1306 Plantation Drive, Southlake, discussed the plan and encouraged Council's approval. 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, ADOPTING THE DAVIS BOULEVARD /F.M. 1938 CORRIDOR: ANALYSIS AND RECOMMENDATIONS ( DAVIS BOULEVARD/F.M. 1938 CORRIDOR PLAN) AS AN ELEMENT OF SOUTHLAKE 2025 PLAN, THE CITY'S COMPREHENSIVE MASTER PLAN. No one spoke during the public hearing. Motion was made to approve Resolution No. 04 -072, Adoption of the Davis Boulevard/FM 193 8 Corridor Study as a component of the Southlake 2025 Plan, the Comprehensive Master Plan for the City of Southlake. Motion: Terrell Second: Shankland Ayes: Hill, Jones, Muzyka, Shankland, Terrell, Wambsganss Nays: None Approved: 6 -0 Auenda Item No. 7B. Ordinance No. 480 -421A_ (ZA04 -089). 2nd Reading_ Zoning Chance and Development Plan for Estes Park Phase I Addition located on the south side of the 600 and 700 blocks of East Dove Street. Current Zoning: R -PUD Residential Planned Unit Development District. Reauested Zoning: R -PUD Residential Planned Unit Develonment District. SPIN Neighborhood #5. 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; GRANTING A ZONING CHANGE ON A CERTAIN TRACT OR TRACTS OF LAND WITHIN THE CITY OF SOUTHLAKE, TEXAS BEING LEGALLY DESCRIBED AS ESTES PARK PHASE 1 ADDITION, AN ADDITION TO THE CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS, ACCORDING TO THE PLAT RECORDED IN CABINET `A', SLIDE 9572, PLAT RECORDS, TARRANT COUNTY, TEXAS, AND BEING APPROXIMATELY 30.32 ACRES, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "R -PUD" RESIDENTIAL PLANNED UNIT DEVELOPMENT DISTRICT WITH "SF- 20N' SINGLE FAMILY RESIDENTIAL DISTRICT USES TO "R -PUD" RESIDENTIAL PLANNED UNIT DEVELOPMENT DISTRICT WITH "SF -20N' SINGLE FAMILY UNOFFICIAL REGULAR CITY COUNCIL MEETING MINUTES, DECEMBER 7, 2004 Page 5 of 9 RESIDENTIAL DISTRICT USES, AS DEPICTED ON THE APPROVED DEVELOPMENT PLAN ATTACHED HERETO AND INCORPORATED HEREIN AS EXHIBIT `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 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 -421A, (ZA04 -089), 2nd Reading, Zoning Change and Development Plan for Estes Park Phase I Addition, subject to Development Plan Review Summary No. 2, dated November 10, 2004. Motion: Terrell Second: Shankland Ayes: Hill, Jones, Muzyka, Shankland, Terrell, Wambsganss Nays: None Approved: 6 -0 Agenda Item No. 7C. Resolution No. 04 -073, (ZA04 -082), Specific Use Permit to allow a tent for the purpose of promoting retail sales at Drexel Heritage located at 1600 East Southlake Boulevard. Current Zoning: C -3 General Commercial District. SPIN Neighborhood #8. Senior Planner Killough and Director Baker presented this item to Council. Applicant Tom Farizo, 1600 East Southlake Boulevard, Southlake, answered questions from 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, GRANTING A SPECIFIC USE PERMIT FOR A TENT FOR THE PURPOSE OF PROMOTING RETAIL SALES ON PROPERTY WITHIN THE CITY OF SOUTHLAKE, TEXAS, LOCATED AT 1600 EAST SOUTHLAKE BOULEVARD, BEING LEGALLY DESCRIBED AS LOT 1, BLOCK 2, VILLAGE CENTER ADDITION, MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "N', AND AS DEPICTED ON THE APPROVED SITE PLAN ATTACHED HERETO AND INCORPORATED HEREIN AS EXHIBIT `B" AND PROVIDING AN EFFECTIVE DATE. No one spoke during the public hearing. The Council discussed this request. Motion was made to approve Resolution No. 04 -073 (ZA04 -082), Specific Use Permit to allow a tent for the purpose of promoting retail sales at Drexel Heritage from December 28 through January 10 specifically approving the variance for 10% reduction in parking. Motion: Terrell Second: Shankland UNOFFICIAL REGULAR CITY COUNCIL MEETING MINUTES, DECEMBER 7, 2004 Page 6 of 9 Ayes: Jones, Muzyka, Shankland, Terrell, Wambsganss Nays: Hill Approved: 5 -1 Agenda Item No. 7D. ZA04 -091, Site Plan for Don Davis Investments located at 2105 Green Briar. Current Zoning: I -1 Light Industrial District. SPIN Neighborhood #7. Senior Planner Killough presented this item to Council. Council discussed this request. Mayor Wambsganss opened the public hearing. Wayne Winters, 2366 East Road to Six Flags, Arlington, represented the applicant on this request. He asked for Council's approval. Mayor Wambsganss closed the public hearing. Motion was made to approve (ZA04 -091) Site Plan for Don Davis Investments subject to Site Plan Review Summary No. 3, dated December 1, 2004, specifically granting the driveway variance. Motion: Terrell Second: Shankland Ayes: Hill, Jones, Muzyka, Shankland, Terrell, Wambsganss Nays: None Approved: 6 -0 Mayor Wambsganss called for a break at 8:46 p.m. Council reconvened at 8:59 p.m. Auenda Item No. 7E. Resolution No. 04 -075. (ZA04 -092)_ Snecifc Use Permit for outdoor sales and services to allow the operation of a hot dog stand in front of Home Depot located at 300 North Villaue Center Drive. Current Zoning: C -3 General Commercial District. SPIN Neighborhood #8. Senior Planner Killough presented this item to Council. Applicant Tony Ficken, 1311 Palo Duro Trail, Southlake, 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 OUTDOOR SALES OR SERVICES ON PROPERTY WITHIN THE CITY OF SOUTHLAKE, TEXAS, LOCATED AT 300 NORTH VILLAGE CENTER DRIVE BEING LEGALLY DESCRIBED AS LOT 4, BLOCK 2, VILLAGE CENTER ADDITION, MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A ", AND AS DEPICTED ON THE APPROVED SITE PLAN ATTACHED HERETO AND INCORPORATED HEREIN AS EXHIBIT `B" AND PROVIDING AN EFFECTIVE DATE. No one spoke during the public hearing. UNOFFICIAL REGULAR CITY COUNCIL MEETING MINUTES, DECEMBER 7, 2004 Page 7 of 9 Motion was made to approve Resolution No. 04 -075, (ZA04 -092), Specific Use Permit for outdoor sales and services to allow the operation of a hot dog stand in front of Home Depot as approved by the Planning and Zoning Commission. Motion: Terrell Second: Muzyka Ayes: Hill, Jones, Muzyka, Shankland, Terrell, Wambsganss Nays: None Approved: 6 -0 Agenda Item No. 7F. Resolution No. 04 -076, (ZA04 -094), Specific Use Permit for the sale of alcoholic beverages at Kincaid's Restaurant located at 100 North Kimball Avenue, Suite 101. Current Zoning: C -3 General Commercial District. SPIN Neighborhood #8. Senior Planner Killough presented this item to Council. Applicant Ron Gentry, 4400 Shady Wood Lane, Colleyville, 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 BEGERAGES ON PROPERTY WITHIN THE CITY OF SOUTHLAKE, TEXAS, LOCATED AT 100 NORTH KIMBALL AVENUE, SUITE 101, BEING LEGALLY DESCRIBED AS LOT 2, BLOCK 1, FARRAR ADDITION, MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A ", AND AS DEPICTED ON THE APPROVED SITE 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. 04 -076, (ZA04 -094), Specific Use Permit for the sale of alcoholic beverages at Kincaid's Restaurant for a period of ten years. Motion: Terrell Second: Shankland Ayes: Hill, Jones, Muzyka, Shankland, Terrell, Wambsganss Nays: None Approved: 6 -0 Motion was amended to approve Resolution No. 04 -076, (ZA04 -094), Specific Use Permit for the sale of alcoholic beverages at Kincaid's Restaurant for the duration of their lease or ten years, whichever is shorter. Motion: Terrell Second: Shankland Ayes: Hill, Jones, Muzyka, Shankland, Terrell, Wambsganss Nays: None Approved: 6 -0 Agenda Item No. 10Q. Consider SPO4 -252, Variance to the Sign Ordinance 704 -B for Crystal Clear Wireless located at 2301 West Southlake Boulevard, Suite 200. Senior Planner Killough UNOFFICIAL REGULAR CITY COUNCIL MEETING MINUTES, DECEMBER 7, 2004 Page 8 of 9 presented this item to Council. Applicant Kevin Spradling, 6461 Mile Road, Ardmore, Oklahoma, answered Council's questions. Motion was made to table SPO4 -252 to the January 4, 2005, City Council meeting and to allow the use of a banner sign until that time. Motion: Terrell Second: Muzyka Ayes: Hill, Jones, Muzyka, Shankland, Terrell, Wambsganss Nays: None Approved: 6 -0 Executive Session Mayor Wambsganss announced that the City Council would be going into Executive Session pursuant to the Texas Government Code, Section 551.074, deliberation regarding personnel matters. City Council adjourned for Executive Session at 9:39 p.m. Executive Session began at 9:45 p.m. and ended at 9:55 p.m. Agenda Item No. 2B. Reconvene Mayor Wambsganss reconvened the regular meeting at 9:55 p.m. The Mayor asked if any action was necessary as a result of the Executive Session. No action was necessary. Agenda Item No. 12. Meeting adjourned Mayor Wambsganss adjourned the meeting at 9:55 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, DECEMBER 7, 2004 Page 9 of 9