Item 5ACITY OF SOUTHLAKE
REGULAR CITY COUNCIL MEETING MINUTES: JULY 13, 2004
LOCATION: 1400 Main Street, Southlake, Texas
Council Chambers in Town Hall
CITY COUNCIL PRESENT Mayor Andy Wambsganss, Mayor Pro Tern Keith
Shankland, Deputy Mayor Pro Tern Carolyn Morris and Councilmembers Gregory Jones,
Virginia M. Muzyka, and John Terrell.
CITY COUNCIL ABSENT None.
STAFF PRESENT City Manager Billy Campbell, Assistant City Manager Shana
Yelverton, Assistant to the City Manager John Eaglen, Library Administrator Kerry
McGeath, Executive Secretary Kim Bush, Information Systems Technician Slaven
Manning, Information Systems Technician Pam Jordan, Information Systems Technician
Sam Cobb, Director of Community Services Malcolm Jackson, Deputy Director of
Community Services Steve Polasek, Director of Economic Development Greg Last,
Economic Development Specialist Stefanie Wagoner, Director of Finance Sharen Elam,
Manager of Courts and Utility Billing Sean Leonard, Director of Human Resources
Kevin Hugman, Director of Planning Bruce Payne, Senior Planner Dennis Killough,
Senior Planner Ken Baker, Senior Planner Director of Public Safety Rick Black, Fire
Marshal David Barnes, Chief of Administration Garland Wilson, Chief Building Official
Paul Ward, Plans Examiner Chuck Bloomberg, Director of Public Works Pedram
Farahnak, Deputy Director of Public Works Charlie Thomas, Graduate Engineer Angela
Turner, Construction Manager Clayton Redinger, 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 5:35
p.m.
City Council reviewed the agenda items with city staff and applicants. Agenda items 8A,
813, 8C, 8D, 8E, 8F, 8G, 8H, 8I, 10A, IOB, IOC, IOD, 10E, IOF, and IOG were added to
the consent agenda. The work session ended at 6:24 p.m.
REGULAR SESSION:
Agenda Item No. 1. Call to order The regular session was called to order by Mayor
Wambsganss at 6:24 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; and Section 551.072, deliberation
regarding real property. City Council adjourned for Executive Session at 6:24 p.m.
Executive Session began at 6:40 p.m. and ended at 7:40 p.m.
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Agenda Item No. 2B. Reconvene Mayor Wambsganss reconvened the regular meeting at
7:41 p.m. and asked if there was any action necessary as a result of the executive session.
Motion was made to continue to recognize the authority of the City Manager to take
whatever action necessary in moving forward with Hanson Aggregate.
Motion: Shankland
Second:
Jones
Ayes:
Jones, Morris, Muzyka, Shankland, Terrell, Wambsganss
Nays:
None
Approved:
6 -0
Agenda Item No. 3. Invocation The invocation was given by Leann Lewis from Met
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.
Agenda Item No. 4B. City Manager's Report City Manager Campbell announced
Director of Planning Payne's resignation with the City of Southlake. He stated that Senior
Planner Ken Baker was appointed Interim Director of Planning.
Agenda Item No. 4C. SPIN Report: A written report was given to Council.
Agenda Item No. 4D. Library Board Report: A written report was given to Council.
Agenda Item No. 4E. Park and Recreation Board Report: Boardmember Elaine Cox
reported on upcoming park meetings and events.
Agenda Item No. 4F. Local Business Report: Director Last introduced Jim Morgan with
Drexel Heritage and Jeff Grange with The Melting Pot who gave Council a brief
introduction to his business.
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 minutes for the June 15, 2004, regular City Council
meeting, for the June 17 and June 18, 2004, June Retreat with City Council; and for the
June 30, 2004, special City Council meeting_ Council approved the minutes as presented.
Agenda Item No. 5B. ZA04 -033, Plat Revision for Lot 8R, Block 6, Southlake Woods
Phase 2, being a revision of Lot 8, Block 6, Southlake Woods Phase 2. The property is
located at 1715 Weeping Willow Way. Current Zoning: SF -IA Single Family Residential
District. SPIN Neighborhood #16. Senior Planner Killough presented this item to Council
during the work session. Approval was subject to Plat Review Summary No. 2, dated
June 11, 2004.
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Agenda Item No. 5C. Authorize the Mayor to execute a commercial developer's
agreement for Chapel Hill Office Park Addition, a 4.24 acre site located at 205 East
Southlake Boulevard Deputy Director Thomas presented this item to Council during the
work session.
Agenda Item No. 5D. Approve appointment of Slaven L. Manning as a Police Reserve
Officer Director Black presented this item to Council during the work session.
Agenda Item No. 8A. Ordinance No. 868, 1 st Reading, Adoption of the 2003 International
Building Code. Chief Wilson presented this item to Council during the work session.
Agenda Item No. 8B. Ordinance No. 869, 1 st Reading, Adoption of the 2003 International
Energy Conservation Code. Chief Wilson presented this item to Council during the work
session.
Agenda Item No. 8C. Ordinance No. 870, 1 st Reading, Adoption of the 2003 International
Fire Code. Chief Wilson presented this item to Council during the work session.
Agenda Item No. 8D. Ordinance No. 871, 1 st Reading, Adoption of the 2003 International
Fuel Gas Code. Chief Wilson presented this item to Council during the work session.
Agenda Item No. 8E. Ordinance No. 872, 1 st Reading, Adoption of the 2003 International
Mechanical Code. Chief Wilson presented this item to Council during the work session.
Agenda Item No. 8F. Ordinance No. 873, 1 st Reading, Adoption of the 2003 International
Plumbing Code. Chief Wilson presented this item to Council during the work session.
Agenda Item No. 8G. Ordinance No. 874, 1 st Reading, Adoption of the 2003 International
Residential Code. Chief Wilson presented this item to Council during the work session.
Agenda Item No. 8H. Ordinance No. 875, 1 st Reading, Adoption of the 2002 National
Electrical Code. Chief Wilson presented this item to Council during the work session.
Agenda Item No. 8I. Ordinance No. 876, 1 st Reading, Adoption of the Property
Maintenance Code. Chief Wilson presented this item to Council during the work session.
Agenda Item No. I OA. Consider excusing members of the City Council and the Planning
and Zoning Commission for absences from meetings. Mayor Wambsganss presented this
item to Council during the work session. Council excused the absences of P &Z
Commissioner Ron Kulpinski on June 17, 2004, and P &Z Commissioner Mike Springer
on June 17, 2004.
Agenda Item No. IOB. Consider SPO4 -127, Variance to Sign Ordinance No. 704 -B, Roly
Poly Rolled Sandwiches, located at 2787 East Southlake Boulevard, Suite 110. Senior
Planner Killough presented this item to Council during the work session. Applicant Sara
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Davis, 2787 East Southlake Boulevard, Suite 110, Southlake, Texas, answered Council's
questions.
Agenda Item No. IOC. Approval of 2004 Facilities Utilization Agreement with Southlake
Baseball Association (SBA). Director Jackson presented this item to Council during the
work session.
Agenda Item No. IOD. Approval of 2004 Facilities Utilization Agreement with Southlake
Girls Softball Association (SGSA I Director Jackson presented this item to Council
during the work session.
Agenda Item No. 10E. Approval of Facilities Utilization Agreement with Grapevine -
Southlake Soccer Association (GSSA). Director Jackson presented this item to Council
during the work session.
Agenda Item No. IOF. Approval of 2004 Facilities Utilization Agreement with Southlake
Carroll Lacrosse Association (SCLA). Director Jackson presented this item to Council
during the work session.
Kelli Riley, 1374 Woodbrook Lane, Southlake, Texas, made a short presentation to
Council on the SCLA program. Lacrosse players Heather Thompson, Camp Thompson,
and Luke Riley who thanked Council for their support.
Agenda Item No. IOG. Approval to enter into a lease agreement for grazing on
undeveloped City property. Director Jackson presented this item to Council during the
work session.
Motion was made to approve consent agenda items #5A; 5B subject to Plat Review
Summary No. 2, dated June 11, 2004; 5C; 5D; 8A; 8B; 8C; 8D; 8E; 8F; 8G; 8H; 8I; 10A;
IOB; IOC; IOD; 10E; IOF; and IOG.
Motion: Terrell
Second: Muzyka
Ayes: Jones, Morris, Muzyka, Shankland, Terrell, Wambsganss
Nays: None
Approved: 6 -0
Councilmember Jones left the meeting at 8:06 p.m.
REGULAR AGENDA:
Agenda Item No. 6. Public Forum
Hal Sauls, 115 Meadow Run, Coppell, Texas, spoke to Council regarding a traffic stop on
November 20, 2003. He addressed a recent letter he received from Director Black.
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Pamela Muller, 214 Westwood Drive, Southlake, Texas, spoke to Council regarding her
recent application to serve on the Planning and Zoning Commission.
Agenda Item No. 7A. Ordinance No. 480 -440, 2 nd Reading (ZA04 -034) Zoning Change
and Site Plan for Lot 1, Block 1, Pecan Creek located at 721 East Southlake Boulevard.
Current Zoning: C -2 Local Retail Commercial District. Requested Zoning: S -P -1
Detailed Site Plan District. SPIN Neighborhood 99e. Senior Planner Killough presented
this item to Council. Applicant Greg Wileman, 608 Silver Spur, Southlake, Texas,
answered Council's questions. 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 LOT 1, BLOCK 1, PECAN CREEK; AND BEING
APPROXIMATELY 1.744 ACRES, AND MORE FULLY AND COMPLETELY
DESCRIBED IN EXHIBIT "A" FROM "C -2" LOCAL RETAIL COMMERCIAL
DISTRICT TO "S -P -1" DETAILED SITE PLAN DISTRICT WITH "C -2" LOCAL
RETAIL COMMERCIAL DISTRICT USES TO INCLUDE TAVERNS, CLUBS, AND
OTHER COMPARABLE ESTABLISHMENTS ONLY WITH THE APPROVAL OF A
SPECIFIC USE PERMIT, AS DEPICTED ON THE APPROVED SITE 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 -440, 2 nd Reading (ZA04 -034) subject to
Staff Report dated July 7, 2004.
Motion: Shankland
Second: Terrell
Ayes: Morris, Muzyka, Shankland, Terrell, Wambsganss
Nays: None
Approved: 5 -0
Agenda Item No. 7B. Resolution No. 04 -052 (ZA04 -035) Specific Use Permit for Far
Pointe Wine Bar & Bistro to allow a tavern, club, and other comparable establishment
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under which the on- premise consumption of alcohol is permitted. The property is located
at 721 East Southlake Boulevard. Current Zoning: C -2 Local Retail Commercial District.
Proposed Zoning: S -P -1 Detailed Site Plan District. SPIN Neighborhood #9e. Senior
Planner Killough presented this item to Council. Applicant Greg Wileman, 608 Silver
Spur, Southlake, Texas, 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 A TAVERN, BAR OR
SIMILAR ESTABLISHMENT ON PROPERTY WITHIN THE CITY OF
SOUTHLAKE, TEXAS, LOCATED AT 721 EAST SOUTHLAKE BOULEVARD,
BEING LEGALLY DESCRIBED AS A PORTION LOT 1, BLOCK 1, PECAN CREEK,
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 -052 (ZA04 -035) for the term of the
lease.
Motion: Terrell
Second: Muzyka
Ayes: Morris, Muzyka, Shankland, Terrell, Wambsganss
Nays: None
Approved: 5 -0
Agenda Item No. 7C. Resolution No. 04 -053 (ZA04 -036) Specific Use Permit for the sale
of alcoholic beverages at Shogun Sushi, Inc., located at 2970 East Southlake Boulevard.
Current Zoning: S -P -2 General Site Plan District. SPIN Neighborhood #7 Senior Planner
Killough presented this item to Council. Applicant Stephen Lee, 2970 East Southlake
Boulevard, Southlake, Texas, 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
BEVERAGES ON PROPERTY WITHIN THE CITY OF SOUTHLAKE, TEXAS,
LOCATED AT 2970 EAST SOUTHLAKE BOULEVARD, BEING LEGALLY
DESCRIBED AS A PORTION LOT 3, BLOCK 1, GATEWAY PLAZA 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.
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Motion was made to approve Resolution No. 04 -053 (ZA04 -036) for the term of the
lease.
Motion: Terrell
Second: Morris
Ayes: Morris, Muzyka, Shankland, Terrell, Wambsganss
Nays: None
Approved: 5 -0
Auenda Item No. 9A. Resolution No. 04 -054. Abboint a member to the Zoniniz Board of
Adjustment to fill the unexpired term of Al Morin, Alternate 1, until May 2005.
Motion was made to approve Resolution No. 04 -054, Appointing Robert Hudson to fill
the unexpired term of Alternate 1 until May 2005.
Motion: Terrell
Second: Morris
Ayes: Morris, Muzyka, Shankland, Terrell, Wambsganss
Nays: None
Approved: 5 -0
Agenda Item No. 12. Meeting adjourned Mayor Wambsganss adjourned the meeting at
8:26 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
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