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Item 5ACITY OF SOUTHLAKE REGULAR CITY COUNCIL MEETING MINUTES: JANUARY 6, 2004 LOCATION: 1400 Main Street, Southlake, Texas Council Chambers in Town Hall CITY COUNCIL PRESENT Mayor Andy Wambsganss, Mayor Pro Tern W. Ralph Evans, Deputy Mayor Pro Tern Rex Potter, and Councilmembers Carolyn Morris, Greg Standerfer, and Tom Stephen. CITY COUNCIL ABSENT: Councilmember Keith Shankland. STAFF PRESENT City Manager Billy Campbell, Assistant City Manager Shana Yelverton, Executive Secretary Kim Bush, Assistant to the City Manager John Eaglen, Manager of Technical Services Gary Gregg, Audio Visual Technician Pam Jordan, Technical Services Information Systems Technician Sam Cobb, Director of Community Services Malcolm Jackson, Director of Economic Development Greg Last, Director of Finance Sharen Elam, Director of Human Resources Kevin Hugman, Director of Public Works Pedram Farahnak, Deputy Director of Community Services Steve Polasek, Director of Planning Bruce Payne, Senior Planner Dennis Killough, Director of Public Safety Rick Black, Police Chief Marlin Price, Deputy Director of Public Works Charlie Thomas, Assistant to the Director of Public Works Valerie Bradley, City Manager's Office Intern Ben Thatcher, Library Administrator Kerry McGeath, Deputy City Secretary Tara Brooks, City Attorney E. Allen Taylor, and City Secretary Lori Farwell. WORK SESSION The work session was called to order by Mayor Wambsganss at 5:44 p.m. City Council reviewed the agenda items with city staff and applicants. Agenda items 9A and 9B were added to the consent agenda for approval, and Item l0A was tabled on 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 to order by Mayor Wambsganss at 6:19 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; and Section 551.087, deliberation regarding economic development negotiations. City Council adjourned for Executive Session at 6:19 p.m. Executive Session began at 6:24 p.m. and ended at 7:15 p.m. Agenda Item No. 2B. Reconvene Mayor Wambsganss reconvened the regular meeting at 7:25 p.m. The Mayor asked if there was any action necessary as a result of the executive session. No action was necessary. UNOFFICIAL CITY COUNCIL MEETING MINUTES, JANUARY 6, 2004 PAGE I OF 5 Agenda Item No. 3. Invocation The invocation was given by Bill Ramsey of Metroport Cities 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. The Mayor announced that Councilmember Keith Shankland's absence at tonight's meeting is excused by the Council. Agenda Item No. 4B. City Manager's Report City Manager Campbell said that Assistant City Manager Shana Yelverton can address any questions regarding the State Highway 114 celebration scheduled for February 7, 2004. The celebration will take place at the intersection of State Highway 114 and Carroll Avenue and will begin at 8:00 a.m. Agenda Item No. 4C. Library Board Report A written report was included in Council's packets. Agenda Item No. 4D. SPIN Report A written report was included in Council's packets. Agenda Item No. 4E. Park and Recreation Board Report Boardmember Mary Georgia discussed upcoming Board meetings and events. Agenda Item No. 4F. Local Business Report Economic Development Director Greg Last introduced Anita Miller, owner of Designer Studio, who presented information on her Southlake business. 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 minutes for the December 16, 2003, regular City Council meeting. Council approved as presented. Agenda Item No. 5B. Approve renewal of contract with American Landscape Systems for landscape maintenance of Town Square public areas Deputy Director of Community Services Steve Polasek presented this item to Council during the work session. Agenda Item No. 5C. Approve Resolution No. 04 -001, Appointing the Chair for the Board of Directors of Tax Increment Reinvestment Zone Number One, City of Southlake, Texas, for 2004. Council approved Rex Potter as the Chair for the Board of Directors of Tax Increment Reinvestment Zone Number One, City of Southlake, Texas, for 2004. Agenda Item No. 9A. Resolution No. 98 -068B, Amending Resolution No. 98 -068A regarding the Joint Drug and Alcohol Awareness Committee. Deputy Mayor Pro Tern Rex Potter and Committee Chairman Brad Bartholemew, 1004 Hidden Knoll Court, Southlake, Texas, presented this item to Council during the work session. Council agreed to approve this item on consent eliminating the provision of proxy voting and allowing for alternates to serve in the absence of the regular appointed members. Agenda Item No. 9B. Resolution No. 04 -003, Authorizing the City Attorney to acquire the following easements by the right of eminent domain for the purpose of construction and maintenance of the 42" water transmission line from the Caylor Water Tank to Pearson Lane: 1) a 20' wide permanent waterline easement (0.142 acre /6,190 sq. ft.) and a 50' wide temporary UNOFFICIAL CITY COUNCIL MEETING MINUTES, JANUARY 6, 2004 PAGE 2OF5 construction easement (0.438 acre/ 19.004 sa. ft.) on land located in the R.F. Allen Abstract No. 29, located in Keller, Texas and owned by PJRD Development Company; 2) a 20' wide permanent waterline easement (0.177 acre/ 7,718 sq. ft.) and a 50' wide temporary construction easement (0.431 acre/ 18,769 sq. ft.) on land located in the R.F. Allen Survey, Abstract No. 29, located in Keller, Texas and owned by Gerald Don Whigham and Joan Whigham; and 3) a 25' wide permanent waterline easement (1.389 acres/ 60,509 sq. ft.) and a 50' wide temporary construction easement (2.691 acres/ 117,226 sq. ft.) on land located in the R.F. Allen Survey, Abstract No. 29, located in Keller, Texas, and owned by Richard J. Gibson. Director of Public Works Pedram Farahnak presented this item to Council during the work session. Agenda Item No. 10A. Consider SP03 -115, Variance to Sign Ordinance No. 704 -A, for 114 Kimball Square located at 2360 East State Highway 114. Senior Planner Dennis Killough presented this item to Council during the work session. Applicant Roy Kindred, 4245 North Central Expressway, Dallas, Texas, addressed Council's questions. After talking with Council, Mr. Kindred asked to table this item. Motion was made to approve Items 5A as presented; 513; 5C approving Rex Potter as Chair for the Board of Directors of the Tax Increment Reinvestment Zone Number One for 2004; 9A eliminating the provision of proxy voting and allowing for alternates to serve in the absence of the regular appointed members; 913; and tabling Item 10A. Motion: Standerfer Second: Stephen Item 5A Ayes: Evans, Potter, Standerfer, Stephen, Wambsganss Nays: None Abstain: Morris Approved: 5 -0 -1 Items 513; 5C approving Rex Potter as Chair for the Board of Directors of the Tax Increment Reinvestment Zone Number One for 2004; 9A eliminating the provision of proxy voting and allowing for alternates to serve in the absence of the regular appointed members; 913; and tabling Item 10A: Ayes: Evans, Morris, Potter, Standerfer, Stephen, Wambsganss Nays: None Approved: 6 -0 REGULAR AGENDA Agenda Item No. 6. Public Forum No one spoke. Agenda Item No. 7A. Ordinance No. 480 -428, 2 nd Reading, (ZA03 -077) Zoning Change for Lot 1, Block 1, Father Joe Addition, located at 2440 Johnson Road. Current Zoning: CS Community Service District. Requested Zoning: SF-IA Single Family Residential District. SPIN Neighborhood #15. Senior Planner Dennis Killough presented this item to Council. Applicant Derrell Johnson answered Council's questions. In accordance with Section 4.21 of the City Charter, the caption for this item is listed as follows: UNOFFICIAL CITY COUNCIL MEETING MINUTES, JANUARY 6, 2004 PAGE 3 OF 5 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 1, BLOCK 1, FATHER JOE ADDITION AND THE ADJOINING AREA DEDICATED FOR JOHNSON COURT, BEING APPROXIMATELY 9.99 ACRES, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "CS" COMMUNITY SERVICE DISTRICT TO "SF -IN' 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 -428, 2nd Reading, (ZA03 -077). Motion: Standerfer Second: Evans Ayes: Evans, Morris, Potter, Standerfer, Stephen, Wambsganss Nays: None Approved: 6 -0 Agenda Item No. 7B. ZA03 -071, Site Plan for Cedar Ridge Offices located on the east side of the intersection of State Highway 114 and East Highland Street. Current Zoning: C -3 General Commercial District. SPIN Neighborhood #6. Senior Planner Dennis Killough presented this item to Council. Council discussed this request. Architect Jack O'Brien of O'Brien and Associates and Applicant John Napper of Panattoni, 5950 Bergshire, Dallas, Texas, answered Council's questions and made a formal presentation to Council. No one spoke during the public hearing. Motion was made to approve ZA03 -071 subject to Revised Site Plan Review Summary No. 3, dated December 31, 2003, and granting requested variances. Motion: Standerfer Second: Potter Ayes: Evans, Morris, Potter, Standerfer, Wambsganss Nays: Stephen Approved: 5 -1 Aizenda Item No. 7C. Resolution No. 04 -004 (ZA03 -080) SDecifc Use Permit for the sale of alcoholic beverages at PHO Texas Vietnamese Cuisine located at 2120 East Southlake Boulevard_ Suite D. in the Villaue Center Develonment. Current Zoning: C -3 General Commercial District. SPIN Neighborhood #8. Senior Planner Dennis Killough presented this item to Council. Applicant Twee Truong, 5903 Highland Hills Lane, Colleyville, Texas, UNOFFICIAL CITY COUNCIL MEETING MINUTES, JANUARY 6, 2004 PAGE 4OF5 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 LEGALLY DESCRIBED AS A PORTION OF LOT 3, BLOCK 1, VILLAGE CENTER, PHASE 1, 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. 04 -004 (ZA03 -080) for an initial period of five years Motion: Standerfer Second: Potter Ayes: Evans, Morris, Potter, Standerfer, Stephen, Wambsganss Nays: None Approved: 6 -0 Agenda Item No. 12. Meeting adjourned The Mayor adjourned the meeting at 8:40 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 City Secretary UNOFFICIAL CITY COUNCIL MEETING MINUTES, JANUARY 6, 2004 PAGE 5OF5