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Item 5ACITY OF SOUTHLAKE SPECIAL CITY COUNCIL MEETING MINUTES: MARCH 30, 2004 LOCATION: 1400 Main Street, Southlake, Texas Council Chambers in Town Hall CITY COUNCIL PRESENT Mayor Andy Wambsganss, Mayor Pro Tem W. Ralph Evans, Deputy Mayor Pro Tem Rex Potter, and Councilmembers Carolyn Morris, Keith Shankland, Greg Standerfer, and Tom Stephen (arrived at 6: 00 p.m.). CITY COUNCIL ABSENT None. STAFF PRESENT City Manager Billy Campbell, Assistant City Manager Shana Yelverton, Executive Secretary Kim Bush, Assistant to the City Manager John Eaglen, Intern Ben Thatcher, Manager of Technical Services Gary Gregg, Audio Visual System Technician Pam Jordan, Information Systems Technician Sam Cobb, Library Administrator Kerry McGeath, 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 Bruce Payne, Senior Planner Dennis Killough, Fire Chief Robert Finn, Chief Building Official Paul Ward, Plans Examiner Chuck Bloomberg, Building Operations Assistant D.J. Green, Building Operations Assistant Dianna Brawner, Director of Public Works Pedram Farahnak, Deputy Director of Public Works Charlie Thomas, Deputy City Secretary Tara Brooks, City Attorney E. Allen Taylor, City Attorney Tim Sralla, and City Secretary Lori Farwell. WORK SESSION The work session was called to order by Mayor Wambsganss at 5:35 p.m. City Council reviewed the agenda items with city staff and applicants. Agenda items 8A, 8C, 9A, and IOC were added to the consent agenda. The work session ended at 6:23 p.m. REGULAR SESSION: Agenda Item No. 1. Call to order The regular session was called to order by Mayor Wambsganss at 6:23 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 UNOFFICIAL SPECIAL CITY COUNCIL MEETING MINUTES, MARCH 30, 2004 Page I of 8 for Executive Session at 6:23 p.m. Executive Session began at 6:32 p.m. and ended at 6:55 p.m. Agenda Item No. 2B. Reconvene Mayor Wambsganss reconvened the regular meeting at 7:04 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 Coy Quesenbury from 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. Mayor Wambsganss welcomed the sponsors and guests from Southlake's Sister City Toyoma, Japan. Mayor Pro Tern Evans introduced each sponsor and guest and thanked all of them for their participation in the Sister City program. Mayor Wambsganss presented a proclamation for Building Safety Week to Chief Building Official Ward. Councilmember Morris thanked the Parks Department for all of their work on the Tour de Parks program on March 27, 2004. Agenda Item No. 4B. City Manager's Report City Manager Campbell proudly announced that Assistant City Manager Yelverton has recently been elected as the Chairperson for the Metroport Cities Partnership. Agenda Item No. 4C. Financial Report: A written report was given to Council. 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 March 2, 2004, regular City Council meeting. Approved as presented. Agenda Item No. 5B. Authorize the Mayor to enter into the Tarrant Regional Transportation Coalition Agreement and appoint Southlake's representative to the Board of Directors Assistant City Manager Yelverton presented this item to Council during the work session and then introduced former Mayor Gary Fickes who gave a brief presentation. The Council agreed to appoint Mr. Fickes as Southlake's representative to the Board of Directors. Agenda Item No. 5C. Consider rescheduling the May 18, 2004, City Council meeting_ Mayor Wambsganss presented this item to Council during the work session. Council agreed to leave the regular Council meeting on May 18 and to hold the canvassing of the election on May 25. Council took no action on this item. Agenda Item No. 5D. Approve temporarily extending the existing facility utilization agreements with the youth sports associations to end upon the approval of the revised UNOFFICIAL SPECIAL CITY COUNCIL MEETING MINUTES, MARCH 30, 2004 Page 2 of 8 facility utilization agreements. Director Jackson presented this item to Council during the work session. Agenda Item No. 5E. Approve naming certain park roads for identification purposes. Director Jackson presented this item to Council during the work session. Agenda Item No. 8A. Ordinance No. 861, 1 st Reading, Amending Chapter 10, of the City Code and providing provisions regarding high grass and weeds. Director Jackson presented this item to Council during the work session. Council agreed to put this item on consent. Agenda Item No. 8C. Ordinance No. 704 -B, 1 st Reading, Amendment to the Sign Ordinance. Senior Planner Killough presented this item to Council during the work session. Council agreed to put this item on consent. Agenda Item No. 9A. Resolution No. 04 -021, Appointing a City Council representative to the Southlake Parks Development Corporation to fill the unexpired term of W. Ralph Evans. Mayor Wambsganss presented this item to the Council during the work session. The Council agreed to appoint Councilmember Morris to the fill unexpired term of W. Ralph Evans to the Southlake Parks Development Corporation with a term ending May 2004. 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, APPOINTING A CITY COUNCIL REPRESENTATIVE TO THE SOUTHLAKE PARKS DEVELOPMENT CORPORATION TO FILL THE UNEXPIRED TERM OF W. RALPH EVANS; AND PROVIDING AN EFFECTIVE DATE. Agenda Item No. IOC. Consider SPO4 -040, Variance to Sign Ordinance No. 704 -A, for Texas Nations Title located at 100 South Village Center Drive. Senior Planner Killough presented this item to Council during the work session. Council agreed to move this item to consent. Motion was made to approve items 5A as presented; 5B appointing Gary Fickes as Southlake's representative to the Board of Directors; 51); 5E; 8A; 8C; 9A appointing Carolyn Morris to the Southlake Parks Development Corporation with a term ending May 2004; and 10C. Motion: Standerfer Second: Shankland Items 5B appointing Gary Fickes as Southlake's representative to the Board of Directors; 51); 5E; 8A; 8C; 9A appointing Carolyn Morris to the Southlake Parks Development Corporation with a term ending May 2004; and IOC: Ayes: Evans, Morris, Potter, Shankland, Standerfer, Stephen, Wambsganss Nays: None UNOFFICIAL SPECIAL CITY COUNCIL MEETING MINUTES, MARCH 30, 2004 Page 3 of 8 Approved: 7 -0 Item 5A Ayes: Evans, Morris, Potter, Shankland, Standerfer, Wambsganss Nays: None Abstains: Stephen Approved: 6 -0 -1 REGULAR AGENDA Agenda Item No. 6. Public Forum No one spoke. Agenda Item No. 7A. Resolution No. 04 -018 (ZA03 -091) Specific Use Permit for Southlake Boarding Facility on property located at the northeast corner of East Continental Boulevard and Crooked Lane. Current Zoning: I -1 Light Industrial District. SPIN Neighborhood #7 . Senior Planner Killough presented this item to Council. The applicant's attorney, Ann Creighton, 705 Lakehurst Court, Southlake, made a presentation to Council and answered Council's questions. Applicant Dave Shackelford, 1400 Vino Rosso Court, Southlake, made a presentation to Council and answered Council's questions. Sound Engineer Scott Learnered, 26 Scotland Road, Norwich, Connecticut, gave a presentation to Council and answered Council's questions. Public Hearing opened. Tim Whelan, 1211 Brumlow Avenue, Southlake, did not speak but registered his opposition to this request. David Washington, 7300 Hix Court, Colleyville, spoke as an adjacent property owner in opposition to this request. Gary Cantrell, 3400 Glade Road, Colleyville, spoke as an adjacent property owner in opposition to this request. Arlon Washburn, 2060 East Continental Boulevard, Southlake, spoke in opposition to this request. Carmen Southern, 1402 Vino Rosso Court, Southlake, spoke in support of this request. Chris Southern, 1402 Vino Rosso Court, Southlake, did not speak but registered his support of this request. Meg Walter, 907 Westminster Way, Southlake, did not speak but registered her opposition to the request. Ann Barnhart- Washburn, 2060 E. Continental Boulevard, Southlake, did not speak but registered her opposition to this request. UNOFFICIAL SPECIAL CITY COUNCIL MEETING MINUTES, MARCH 30, 2004 Page 4 of 8 Ronald McClellan, St. John Baptist Church, spoke as an adjacent property owner in opposition to this request. Public Hearing closed. After discussion, the applicant requested to table this item to allow time to hold another SPIN meeting. Motion was made at the applicant's request to table Resolution No. 04 -018 (ZA03 -091) Specific Use Permit for Southlake Boarding Facility to the May 18, 2004, Council meeting. Motion: Standerfer Second: Shankland Ayes: Evans, Morris, Potter, Shankland, Standerfer, Stephen, Wambsganss Nays: None Approved: 7 -0 Auenda Item No. 7B. ZA03 -095. Site Plan for Chu Eve Associates on brobertv located on the southeast corner of East Southlake Boulevard and Bank Street. Current Zoning: C- 3 General Commercial District. SPIN Neighborhood #7. Senior Planner Killough presented this item to Council. Architect Jack Romigh with Carter and Burgess answered Council's questions. No spoke during the Public Hearing. Motion was made to approve ZA03 -095 Site Plan for Chu Eye Associates subject to Site Plan Review Summary No. 3, dated February 27, 2004, and granting requested variances. Motion: Standerfer Second: Potter Ayes: Evans, Morris, Potter, Shankland, Standerfer, Stephen, Wambsganss Nays: None Approved: 7 -0 Auenda Item No. 7C. Resolution No. 04 -019 (ZA04 -009) SDecif c Use Permit for the sale of alcoholic beverages at Fuju Yama Steak and Sushi, LLC. on property located at 1230 Main Street in Southlake Town Sauare. Current Zoniniz: DT Downtown District. SPIN Neighborhood #8. Senior Planner Killough presented this item to Council. Applicant Steven Lee, 1109 Shady Trail, Dallas, answered Council's questions. No one spoke during the public hearing. In accordance with Section 4.21 of the City Charter, the caption for this item is listed as follows: UNOFFICIAL SPECIAL CITY COUNCIL MEETING MINUTES, MARCH 30, 2004 Page 5 of 8 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 1230 MAIN STREET, LEGALLY DESCRIBED AS A PORTION OF LOT 2, BLOCK 2 R1, SOUTHLAKE TOWN SQUARE, 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. Motion was made to approve Resolution No. 04 -019 (ZA04 -009) Specific Use Permit for the sale of alcoholic beverages at Fuju Yama Steak and Sushi, LLC, limited to the term of the lease. Motion: Standerfer Second: Shankland Ayes: Evans, Morris, Potter, Shankland, Standerfer, Wambsganss Nays: None Approved: 6 -0 (Councilmember Stephen was out of the room) Agenda Item No. 8B. Ordinance No. 480 -432, 1 st Reading, (ZA03 -085) Zoning Change and Site Plan for East Southlake #1 Ltd. on property located at 900 East Southlake Boulevard, approximately 1,100 feet west of North Carroll Avenue. Current Zoning: AG Agricultural District. Requested Zoning: S -P -1 Detailed Site Plan District with 0-1 Office District uses. SPIN Neighborhood #10 Senior Planner Killough presented this item to Council during the work session. Council decided to leave it on the regular agenda to be heard later in the evening. Applicant Dr. Angelo Mendez and Architect Skip Blake answered Council's questions. Foxborough Homeowner's Association President, David McCowin, answered Council's questions and stated that all of the concerns of the HOA were addressed in the Planning and Zoning Commission's motion. Motion was made to approve Ordinance No. 480 -432, 1 st Reading, (ZA03 -085) Zoning Change and Site Plan for East Southlake #1 Ltd., as approved by the Planning and Zoning Commission and stipulating that at the time the remainder of the property develops, the wood fence shall be replaced with a masonry fence. Motion: Standerfer Second: Stephen Ayes: Evans, Morris, Potter, Shankland, Standerfer, Stephen, Wambsganss Nays: None Approved: 7 -0 Agenda Item No. 10A. Consider SPO4 -024, Variance to Sign Ordinance No. 704 -A, for Re[essence] located at 2717 East Southlake Boulevard, Suite 160. Senior Planner Killough presented this item to Council during the work session. UNOFFICIAL SPECIAL CITY COUNCIL MEETING MINUTES, MARCH 30, 2004 Page 6 of 8 Motion was made to approve SPO4 -024, Variance to Sign Ordinance No. 704 -A, for Re[essence] as requested but stipulating that the proposed sign be moved to immediately underneath the existing sign and requiring the removal of the window signage. Motion: Standerfer Second: Potter Ayes: Evans, Morris, Potter, Shankland, Standerfer, Stephen, Wambsganss Nays: None Approved: 7 -0 Agenda Item No. IOB. Consider SPO4 -025, Variance to Sign Ordinance No. 704 -A, for The Courtyard at Timarron located at 1207, 1209, & 1211 South White Chapel Boulevard. Senior Planner Killough presented this item to Council. Applicant Joe Cavinero made a presentation and answered Council's questions. Motion was made to approve SPO4 -025, Variance to Sign Ordinance No. 704 -A, for The Courtyard at Timarron, with one sign per building. Motion: Potter Second: Stephen Ayes: Evans, Morris, Potter, Shankland, Stephen, Wambsganss Nays: Standerfer Approved: 6 -1 Agenda Item No. IOD. Consider the use of the Council Chambers by members of the Tax Increment Financing District. Councilmember Standerfer presented this item to Council. Susan Ansley, 607 Loving Court, Southlake, spoke in support of this item. Motion was made to approve the use of the Council Chambers by members of the Tax Increment Financing District only and payment of the cost of personnel to operate equipment during those meetings. Motion: Standerfer Second: Evans Ayes: Standerfer, Evans Nays: Morris, Potter, Shankland, Stephen, Wambsganss Vote: 2 -5 (motion failed) Agenda Item No. 12. Meeting adjourned Mayor Wambsganss adjourned the meeting at 10:04 p.m. *An audio recording of this meeting will be permanently retained in the City Secretary's Office. Andy Wambsganss Mayor UNOFFICIAL SPECIAL CITY COUNCIL MEETING MINUTES, MARCH 30, 2004 Page 7 of 8 ATTEST: Lori A. Farwell, TRMC City Secretary UNOFFICIAL SPECIAL CITY COUNCIL MEETING MINUTES, MARCH 30, 2004 Page 8 of 8