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Item 5ACITY OF SOUTHLAKE REGULAR CITY COUNCIL MEETING MINUTES: MARCH 1, 2005 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 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, Interim Deputy City Manager Charles Kiefer, Assistant to the City Manager Ben Thatcher, Executive Secretary Kim Bush, Manager of Information Systems Gary Gregg, Audio Visual System Technician Pam Jordan, 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, Director of Planning Ken Baker, Chief Planner Dennis Killough, Director of Public Safety Rick Black, Director of Public Works Pedram Farahnak, Deputy Director of Public Works Charlie Thomas, Construction Manager Clayton Redinger, City Attorney E. Allen Taylor, and City Secretary Lori Farwell. WORK SESSION: The work session was called to order by Mayor Wambsganss at 5:29 p.m. City Council reviewed the agenda items with city staff and applicants. The following agenda items were added to the consent agenda: 9a to appoint Don Coonan to fill the unexpired term of Bill Vaughan on the Planning and Zoning Commission, 10a to excuse Al Morin from the February 17 Planning and Zoning Commission meeting, 10c, and 10d subject to the city attorney's final review. The work session ended at 5:53 p.m. REGULAR SESSION: Agenda Item No. 1. Call to order. The regular session was called to order by Mayor Wambsganss at 5:53 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 matters, and Section 551.087, deliberation regarding economic development negotiations. City Council adjourned for Executive Session at 5:53 p.m. Executive Session began at 6:15 and ended at 7:35 p.m. Agenda Item No. 2B. Reconvene. Mayor Wambsganss reconvened the regular meeting at 7:29 p.m. The Mayor asked if there was any action necessary as a result of the Executive Session. No action was necessary. UNOFFICIAL REGULAR CITY COUNCIL MEETING MINUTES, MARCH 1, 2005 Page I of 6 Agenda Item No. 3. Invocation. The invocation was given by Dustin Boles from The Met Church. Mayor Wambsganss led the pledge of allegiance. Agenda Item No. 4A. Mayor's Report. Mayor Wambsganss announced upcoming meetings and events. Mayor Wambsganss presented proclamations to Sharon Small for American Red Cross Month and Marke Smith for the Leukemia Cup Regatta. Agenda Item No. 4B. City Manager's Report. There was no report given. Agenda Item No. 4C. SPIN Board Report. Alan Hogstein, SPIN Neighborhood #3, updated Council on upcoming meetings and events. Agenda Item No. 4D. Library Board Report. A written report was included in City Council's packet. Agenda Item No. 4E. Park and Recreation Board Report. Board member Cara White updated Council on park events. She asked that Council hold a joint meeting with the Park and Recreation Board at some point in the future. Agenda Item No. 4F. Local Business Report. Director Last introduced Dr. David Rockhart from Spine Team Texas who introduced his business to Council. Councilmember Hill and Director Black presented information on the Game Over event on March 15 and 16, 2005. 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 15, 2005, regular City Council meeting. The minutes were approved as amended. Agenda Item No. 5B. Authorize the Mayor to air nt a public utility easement in park property adjacent to Kirkwood Hollow Staff requested to table this item to the March 15, 2005 City Council meeting. Agenda Item No. 5C. Resolution No. 05 -008, (ZA04 -090), Specific Use Permit for a telecommunications antenna located on Lot 1R, Block 1, Carroll High School Addition located at 1501 West Southlake Boulevard. Current Zoning: S -P -1 Detailed Site Plan District. SPIN Neighborhood #16. This item was tabled to the April 5, 2005 City Council meeting. Agenda Item No. 5D. Resolution No. 05 -010, Appoint members to the SPIN Standing Committee. Assistant to the City Manager Thatcher presented this item to Council during the work session. In accordance with Section 4.21 of the City Charter, the caption for this term is listed as follows: UNOFFICIAL REGULAR CITY COUNCIL MEETING MINUTES, MARCH 1, 2005 Page 2 of 6 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS, PROVIDING FOR THE APPOINTMENT OF NEIGHBORHOOD REPRESENTATIVES TO THE STANDING COMMITTEE OF THE SOUTHLAKE PROGRAM FOR THE INVOLVEMENT OF NEIGHBORHOODS (SPIN); PROVIDING AN EFFECTIVE DATE. Agenda Item No. 5E. Resolution No. 05 -011, Annual review of investment policy and investment strategies. Director Elam presented this item to Council 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 COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS, REVIEW OF INVESTMENT POLICY AND INVESTMENT STRATEGIES. Agenda Item No. 9A. Resolution No. 05 -012, Appoint a member to the Planning and Zoning Commission to fill the unexpired term of Bill Vaughan. Council appointed Donald Coonan to fill the unexpired term of Bill Vaughan. 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 A REPRESENTATIVE TO THE PLANNING AND ZONING COMMISSION TO FILL THE UNEXPIRED TERM OF WILLIAM `BILL" VAUGHAN; AND PROVIDING AN EFFECTIVE DATE. Agenda Item No. 10A. 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. Council excused the absence of Commissioner Al Morin from the February 17, 2005 Planning and Zoning Commission meeting. Agenda Item No. 10C. Approve matching funds request for Boo -Boo's Buddies in the amount of $12,500 for proposed dog park in Bob Jones Park. Director Jackson presented this item to Council during the work session. Jan Ekonomy from Boo -Boo's Buddies answered Council's questions. Agenda Item No. 10D. Resolution No. 05 -013, Authorize the Mayor to enter into TIF development and 380 agreements and the associated parking agreement with SLTS Grand Avenue, L.P., for the development of the Grand Avenue District Director Elam presented this item to Council during the work session. Motion was made to approve consent agenda items 5a as amended, 5b to table to the March 15 City Council meeting, 5c to table to the April 5 City Council meeting, 5d, 5e, 9a to appoint Don Coonan to fill the unexpired term of Bill Vaughan on the Planning and Zoning Commission, 10a to excuse Al Morin from the February 17 Planning and Zoning Commission meeting, 10c, and 10d subject to the city attorney's final review. Motion: Shankland Second: Terrell UNOFFICIAL REGULAR CITY COUNCIL MEETING MINUTES, MARCH 1, 2005 Page 3 of 6 Ayes: Jones, Hill, Morris, Muzyka, Shankland, Terrell, Wambsganss Nays: None Approved: 7 -0 REGULAR AGENDA: Agenda Item No. 6. Public Forum. Karin Newell, 2819 R.D. Hurt Parkway, Bedford, Texas, thanked the City Council for their constant support of her organization, Artsnet, and for recognizing the importance of art within our community. Lou Ann Heath, 1351 Lakeview, Southlake, Texas, represented the Southlake Historical Society and asked for Council's continued and involved support. She asked Council to consider the placement of a historical log cabin within the Town Square development. Agenda Item No. 7A. Ordinance No. 778 -A, 2nd Reading, An amendment to Noise Ordinance No. 778, modifying the definition of daytime and nighttime hours. Director Black 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 778, SECTION 11 -60, REDEFINING CERTAIN TERMS RELATING TO NOISE NUISANCES; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY FOR VIOLATIONS; 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 No. 778 -A, 2nd Reading, an amendment to Noise Ordinance No. 778, modifying the definition of daytime and nighttime hours Motion: Terrell Second: Shankland Ayes: Jones, Hill, Morris, Muzyka, Shankland, Terrell, Wambsganss Nays: None Approved: 7 -0 Agenda Item No. 7B. Ordinance No. 883, 2nd Reading, An ordinance r anting authorization to hold a city -wide Southlake Sidewalk Sale. Director Last 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 GRANTING AUTHORIZATION TO HOLD A CITY -WIDE SOUTHLAKE SIDEWALK SALE; ESTABLISHING AN APPLICATION AND UNOFFICIAL REGULAR CITY COUNCIL MEETING MINUTES, MARCH 1, 2005 Page 4 of 6 APPROVAL PROCESS; ESTABLISHING GUIDELINES FOR DISPLAY AND SALE OF MERCHANDISE, SIGNAGE, AND ADMINISTRATIVE PROCES; 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. 883, 2nd Reading, an ordinance granting authorization to hold a city -wide Southlake Sidewalk Sale. Motion: Shankland Second: Terrell Ayes: Jones, Hill, Morris, Muzyka, Shankland, Terrell, Wambsganss Nays: None Approved: 7 -0 Agenda Item No. lOB. Consider SP05 -017, Variance to the Sign Ordinance No. 704 -B for Hibernia Bank located at 1110 East Southlake Boulevard. Chief Planner Killough presented this item to Council. Applicants Jim Woll, ABC Sign Company, 1423 Duncanville Road, Duncanville, Texas and Sandy Boyd, Branch Manager of Hibernia Bank, 3 Creekside Drive, Trophy Club, Texas answered Council's questions and discussed this request with them. Motion was made to table this item to the March 15, 2005 City Council meeting. Motion: Terrell Second: Shankland Ayes: Jones, Hill, Morris, Muzyka, Shankland, Terrell, Wambsganss Nays: None Approved: 7 -0 (to table) Agenda Item No. 10E. Authorize the Mayor to execute a Commercial Developer's Agreement for Southlake Town Square Phase IV, Grand Avenue District, a 41.35 acre tract. Directors Farahnak, Jackson, and Elam presented this item to Council during the work session. Park and Recreation Board member Cara White addressed Council regarding this item. Motion was made to approve a Commercial Developer's Agreement for Southlake Town Square Phase IV, Grand Avenue District, a 41.35 acre tract subject to signatures and execution of Resolution No. 05 -013 as stated above. Motion: Terrell Second: Jones Ayes: Jones, Hill, Morris, Muzyka, Shankland, Terrell, Wambsganss Nays: None Approved: 7 -0 UNOFFICIAL REGULAR CITY COUNCIL MEETING MINUTES, MARCH 1, 2005 Page 5 of 6 Agenda Item No. 12. Meeting adjourned. Mayor Wambsganss adjourned the meeting at 9:09 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 1, 2005 Page 6 of 6