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Item 5A (2)CITY OF SOUTHLAKE REGULAR CITY COUNCIL MEETING MINUTES: February 3, 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, Keith Shankland (arrived at 5:50 p.m.), Greg Standerfer, and Tom Stephen. CITY COUNCIL ABSENT: None. STAFF PRESENT Assistant City Manager Shana Yelverton, Executive Secretary Kim Bush, Assistant to the City Manager John Eaglen, Library Administrator Kerry McGeath, 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 Ken Baker, Senior Planner Dennis Killough, Director of Public Safety Rick Black, Police Chief Marlin Price, Fire Chief Robert Finn, Director of Public Works Pedram Farahnak, Deputy Director of Public Works Charlie Thomas, Court Administrator Sean Leonard, 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 5:36 p.m. City Council reviewed the agenda items with city staff and applicants. Agenda items 8A, 813, 8C, 8D, and 8E were added to the consent agenda. The work session ended at 6:33 p.m. REGULAR SESSION: Agenda Item No. 1. Call to order The regular session was called to order by Mayor Wambsganss at 6:33 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 6:33 p.m. Executive Session began at 6:45 p.m. and ended at 7:05 p.m. Agenda Item No. 2B. Reconvene Mayor Wambsganss reconvened the regular meeting at 7:14 p.m. The Mayor asked if there was any action necessary as a result of the executive session. No action was necessary. Agenda Item No. 3. Invocation The invocation was given by Mayor Pro Tern Ralph Evans. Mayor Wambsganss led the audience in the Pledge of Allegiance. UNOFFICIAL CITY COUNCIL MEETING MINUTES, FEBRUARY, 3, 2004 PAGE I OF 7 Agenda Item No. 4A. Mayor's Report Mayor Wambsganss announced upcoming meetings and events. The Mayor introduced Justin Mecklenburg, Chairman of the Chamber of Commerce, who recognized the 2004 Leadership Southlake class in the audience tonight. Councilmember Morris recognized the Southlake Firefighter's Association who recently raised $4,000 for a local Muscular Dystrophy Association event. Agenda Item No. 4B. City Manager's Report Assistant City Manager Shana Yelverton introduced Director of Public Safety Rick Black who presented Life Saving Awards to Firefighter Wade Carroll, Firefighter Cliff Halvorson, Firefighter Jason Wise, Lieutenant Shawn Fannan, PSO Dwayne Letz, PSO Randy Baker, Jim Roach, Ann Robins, and Colleen Lay. 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 Cara White discussed upcoming Board meetings and events. Agenda Item No. 4F. Local Business Report: Economic Development Director Greg Last presented information on Economic Development Department's searchable database. 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 January 20, 2004, regular City Council meeting_ Council did not take action on the minutes and tabled this item to the February 17, 2004, meeting. Agenda Item No. 8A. Ordinance No. 844, 1s Reading, Amending Chapter 12 of the City Code, establishing designated speed limits within City parks. Director of Community Development Malcolm Jackson presented this item to Council during the work session. Council added this item to the consent agenda. Agenda Item No. 8B. Ordinance No. 850, 1S Reading, Amending Chapter 13, Peddlers and Solicitors, and Chapter 5, Businesses, Article VI, of the City Code. Senior Planner Ken Baker presented this item to Council during the work session. Council added this item to the consent agenda. Agenda Item No. 8C. Ordinance No. 480 -UU, 1S Reading, Amending Comprehensive Zoning Ordinance No. 480, as amended, as it pertains to Mass Gathering and Solicitation Activities. Senior Planner Ken Baker presented this item to Council during the work session. Council added this item to the consent agenda with the following modifications: accepting the Planning and Zoning Commission's recommendation to amend the proposed mass gathering definition changing the number of persons from 200 to 300 and requiring a donation bin to be a distance of 1,000 feet from another donation bin. UNOFFICIAL CITY COUNCIL MEETING MINUTES, FEBRUARY, 3, 2004 PAGE 2OF7 Agenda Item No. 8D. Ordinance No. 480 -429, 1s Reading (ZA03 -083), Zoning Change and Concept Plan for Lot 2, William Martin No. 1068 Addition on property located at 1730 Randol Mill Avenue. Current Zoning: AG Agricultural District. Requested Zoning: SF -20A Single Family Residential District. SPIN Neighborhood #12. Senior Planner Dennis Killough presented this item to Council during the work session. Council added this item to the consent agenda. Agenda Item No. 8E. Ordinance No. 480 -430, 1S Reading_(ZA03 -103), Zoning Change for McClendon Subdivision on property located at 2745 Union Church. Current Zoning: AG Agricultural District. Requested Zoning: SF -lA Single Family Residential District. SPIN Neighborhood #15. Senior Planner Dennis Killough presented this item to Council during the work session. Council added this item to the consent agenda. Motion was made to approve Items 8A; 813; 8C accepting the Planning and Zoning Commission's recommendation to amend the proposed mass gathering definition changing the number persons from 200 to 300 and requiring a donation bin to be a distance of 1,000 feet from another donation bin; 8D subject to Concept Plan Review Summary No. 1, dated December 12, 2003; 8E; and to table Item 5A to the February 17 Council meeting. Motion: Standerfer Second: Stephen Ayes: Evans, Morris, Potter, Shankland, Standerfer, Stephen, Wambsganss Nays: None Approved: 7 -0 REGULAR AGENDA Agenda Item No. 6. Public Forum No one spoke during the Public Forum. Agenda Item No. lOB. Approval of 2004 Community Services Agreement with the Southlake Women's Club for Art in the Square. Director of Community Services Malcolm Jackson presented this item to Council. Motion was made to approve the 2004 Community Services Agreement with the Southlake Women's Club for Art in the Square. Motion: Stephen Second: Potter Ayes: Evans, Morris, Potter, Shankland, Standerfer, Stephen, Wambsganss Nays: None Approved: 7 -0 Auenda Item No. 7A. ZA03 -098. Site Plan for Steak'N Shake Restaurant on brobertv located on the north side of East Southlake Boulevard, approximately 175 feet west of North Nolen Drive. Current Zoning: S -P -2 General Site Plan District with C -3 General Commercial District uses. SPIN Neighborhood 97. Senior Planner Dennis Killough presented this item to Council. Applicant Terry Wilkinson, 751 East Southlake Boulevard, Southlake, Texas, answered Council's questions. No one spoke during the public hearing. UNOFFICIAL CITY COUNCIL MEETING MINUTES, FEBRUARY, 3, 2004 PAGE 3OF7 Motion was made to approve ZA03 -098, Site Plan for Steak `N Shake Restaurant, subject to Site Plan Review Summary No. 2, dated January 16, 2004, allowing requested variances. Motion: Standerfer Second: Potter Ayes: Evans, Morris, Potter, Shankland, Standerfer, Stephen, Wambsganss Nays: None Approved: 7 -0 Agenda Item No. 7B. Resolution No. 04 -006, Southlake 2025 Plan - Vision, Goals, and Objectives Director of Planning Bruce Payne presented this item to Council. Council discussed this item. Council asked staff to provide them with video tapes of the Planning and Zoning Commission meetings where this item was discussed and agreed to table this item to the March 2 meeting to allow Council time to review the tapes. The public hearing on this item will be continued to the March 2 meeting. Motion was made to table and to continue the public hearing for Resolution No. 04 -006 until the March 2, 2004, City Council meeting. Motion: Standerfer Second: Potter Ayes: Evans, Morris, Potter, Shankland, Standerfer, Stephen, Wambsganss Nays: None Approved: 7 -0 Agenda Item No. 9A. Resolution No. 04 -009, Revising the Southlake Public Library's Internet Policy defining provided services. Library Administrator Kerry McGeath presented Items 9A, 913, and 9C to Council. 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, ADOPTING REVISIONS TO THE SOUTHLAKE PUBLIC LIBRARY'S INTERNET POLICY DEFINING PROVIDED SERVICES; PROVIDING AN EFFECTIVE DATE. Council requested that the Library Board consider restricting use of the computers to library members only. Motion was made to approve Resolution No. 04 -009, Revising the Southlake Public Library's Internet Policy defining provided services subject to the City Attorney's Office advising the City Secretary's Office within 48 hours of any objections they may have regarding this policy. Motion: Standerfer Second: Shankland Ayes: Evans, Morris, Potter, Shankland, Standerfer, Stephen, Wambsganss Nays: None Approved: 7 -0 UNOFFICIAL CITY COUNCIL MEETING MINUTES, FEBRUARY, 3, 2004 PAGE 4OF7 Agenda Item No. 9B. Resolution No. 04 -010, Revising the Southlake Public Library's Computer Use Policy accounting for technology changes and upgrades. Library Administrator Kerry McGeath presented Items 9A, 913, and 9C to Council. 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, ADOPTING REVISIONS TO THE SOUTHLAKE PUBLIC LIBRARY'S COMPUTER USE POLICY ACCOUNTING FOR TECHNOLOGY CHANGES AND UPGRADES; PROVIDING AN EFFECTIVE DATE. Motion was made to approve Resolution No. 04 -010, Revising the Southlake Public Library's Computer Use Policy accounting for technology changes and upgrades. Motion: Standerfer Second: Shankland Ayes: Evans, Morris, Potter, Shankland, Standerfer, Stephen, Wambsganss Nays: None Approved: 7 -0 Agenda Item No. 9C. Resolution No. 04 -011, Revising the Southlake Public Library's Loan Lengths Policy increasing the maximum limit of items on a per cardholder basis, and removing the restriction on renewing new books and books on tape. Library Administrator Kerry McGeath presented Items 9A, 913, and 9C to Council. 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, ADOPTING REVISIONS TO THE SOUTHLAKE PUBLIC LIBRARY'S LOAN LENGTHS POLICY INCREASING THE MAXIMUM LIMIT OF ITEMS ON A PER CARDHOLDER BASIS, AND REMOVING THE RESTRICTION ON RENEWING NEW BOOKS AND BOOKS ON TAPE; PROVIDING FOR AN EFFECTIVE DATE. Motion was made to approve Resolution No. 04 -011, Revising the Southlake Public Library's Loan Lengths Policy increasing the maximum limit of items on a per cardholder basis, and removing the restriction on renewing new books and books on tape. Motion: Standerfer Second: Shankland Ayes: Evans, Morris, Potter, Shankland, Standerfer, Stephen, Wambsganss Nays: None Approved: 7 -0 Agenda Item 10A. Approval of action to provide contract extension and termination date for lease of Tucker property. Director of Community Services Malcolm Jackson presented this item to Council. Council discussed this item. Motion was made to approve the Tucker property contract extension subject to the following provisions: the lease is consistent with original terms except that it will be on a month -to -month basis, the City will provide a termination notice of 90 days, and the tenant shall allow the landlord access to the property during such lease. UNOFFICIAL CITY COUNCIL MEETING MINUTES, FEBRUARY, 3, 2004 PAGE 5OF7 Motion: Stephen Second: Potter Ayes: Evans, Morris, Potter, Shankland, Standerfer, Stephen, Wambsganss Nays: None Approved: 7 -0 Agenda Item No. 10C. Consider SP03 -084, Variance to Sign Ordinance No. 704 -A, for Cornerstone Plaza located at 2557 East Southlake Boulevard. Senior Planner Dennis Killough presented this item to Council. Applicant Melanie Hancock, 745 109' Street, Arlington, Texas, answered Council's questions. Motion was made to deny SP03 -084, Variance to Sign Ordinance No. 704 -A, for Cornerstone Plaza located at 2557 East Southlake Boulevard. Motion: Shankland Second: Standerfer Ayes: Evans, Morris, Potter, Shankland, Standerfer, Stephen, Wambsganss Nays: None Vote: 7 -0 (to deny) Agenda Item No. 10D. Approval of the FY 2003 -04 to FY 2007 -08 Capital Improvements Program Director of Planning Bruce Payne presented this item to Council. Council discussed this item. Motion was made to approve the FY2003 -04 to FY2007 -08 Capital Improvements Program. Motion: Potter Second: Morris Ayes: Evans, Morris, Potter, Shankland, Stephen, Wambsganss Nays: Standerfer Approved: 6 -1 Auenda Item No. 10E. Authorize the Mavor to execute a settlement agreement between the Cit of Southlake and AquaSource Utility, Inc., for operations and maintenance, sale of ground water subbly and distribution systems and transfer of Certificate of Convenience and Necessitv (CCN) in the Lakewood Ridge and the Indian Creek Estates subdivisions Director of Public Works Pedram Farahnak presented this item to Council. Council discussed this item. Motion was made to approve a settlement agreement between the City of Southlake and AquaSource Utility, Inc., for operations and maintenance, sale of ground water supply and distribution systems and transfer of Certificate of Convenience and Necessity (CCN) in the Lakewood Ridge and the Indian Creek Estates subdivisions. Motion: Standerfer Second: Potter Ayes: Evans, Morris, Potter, Shankland, Standerfer, Stephen, Wambsganss Nays: None Approved: 7 -0 Mayor Wambsganss noted that the Council excused the January 22 absence of Planning and Zoning Commission member Bill Vaughan. UNOFFICIAL CITY COUNCIL MEETING MINUTES, FEBRUARY, 3, 2004 PAGE 6 OF 7 Agenda Item No. 12. Meeting adjourned Mayor Wambsganss adjourned the meeting at 9:10 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, FEBRUARY, 3, 2004 PAGE 7 OF 7