Item 5ACITY OF SOUTHLAKE
REGULAR CITY COUNCIL MEETING MINUTES: AUGUST 3, 2004
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 Tem; and Council Members Gregory Jones and
Virginia M. Muzyka.
CITY COUNCIL ABSENT Council Member John Terrell
STAFF PRESENT City Manager Billy Campbell, Assistant City Manager Shana
Yelverton, Assistant to the City Manager John Eaglen, Manager of Technical Services
Gary Gregg, 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, Director of Human Resources
Kevin Hugman, Interim Director of Planning Ken Baker, Senior Planner Dennis
Killough, Chief of Administration Garland Wilson, Director of Public Works Pedram
Farahnak, Deputy Director of Public Works Charlie Thomas, Assistant to the Director of
Public Works Valerie Bradley, Construction Manager Clayton Redinger, City Attorney
E. Allen Taylor, and Deputy City Secretary Tara Brooks.
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;
9A, to table to August 17, 2004; 10A and lOB were added to the consent agenda. The
work session ended at 6:00 p.m.
REGULAR SESSION:
Agenda Item No. 1. Call to order The regular session was called to order by Mayor
Wambsganss at 6:01 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 551.087, deliberation
regarding economic development negotiations. City Council adjourned for Executive
Session at 6:01 p.m. Executive Session began at 6:19 p.m. and ended at 6:45 p.m.
Agenda Item No. 2B. Reconvene Mayor Wambsganss reconvened the regular meeting at
6:48 p.m. The Mayor asked if there was any action necessary as a result of the Executive
Session. No action was necessary.
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Agenda Item No. 3. Invocation The invocation was given by David Whitington from
Christ Our King Church, who also discussed the Chaplain's Program with City Council.
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 the
City had received a successful letter from its auditors and thanked Director Elam, her
staff, and the other directors for all of their hard work.
Agenda Item No. 4C. SPIN Report: A written report was included in Council's packet.
Agenda Item No. 4D. Library Report: A written report was included in Council's packet.
Agenda Item No. 4E. Park and Recreation Board Report: Frank Cornish, Jr. announced
upcoming Community Service Department events.
Agenda Item No. 4F. Local Business Report: Director Last introduced Dave Covey of
Covey's Promotions, Inc. located at 1947 East Continental Boulevard. Mr. Covey
introduced his business to Council.
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 July 13, 2004, regular City Council
meeting and for the July 20, 2004, regular City Council meeting Approved as presented.
Agenda Item No. 5B. Approval of Comprehensive Annual Financial Report for
September 30, 2003. Shawn Parker, Weaver and Tidwell, L.L.P., 12221 Merit Drive,
Suite 1400, Dallas, Texas presented this item to Council during the work session.
Agenda Item No. 5C. Resolution No. 04-056, a Chair of the Board of Directors
for Tax Increment Reinvestment Zone Number One, City of Southlake, Texas, for the
remainder of the unexpired term. Council discussed this item 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 OF SOUTHLAKE, TEXAS, APPOINTING A
CHAIRPERSON OF THE BOARD OF DIRECTORS OF TAX INCREMENT
REINVESTMENT ZONE NUMBER ONE, AND PROVIDING AN EFFECTIVE
DATE.
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Agenda Item No. 8A. Ordinance No. 877, 1s Reading, Changing the street name of Sam
School Road to Sams School Road Senior Planner Killough presented this item to
Council during the work session. Jack Wiesman, 2607 West Southlake Boulevard, from
the Southlake Historical Society, answered Council's questions.
Agenda Item No. 9A. Resolution No. 04-055, a member to the Joint Drug and
Alcohol Awareness Committee to fill the unexpired term of Brad Bartholomew, until
May 2005. Tabled until the August 17, 2004, City Council meeting.
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 during the work session. Council excused the absences of
Mayor Pro Tern Keith Shankland and Deputy Mayor Pro Tern Carolyn Morris from the
July 20, 2004 City Council meeting; and Planning and Zoning Commission Chairman
Vernon Stansell, Commissioners Brandon Bledsoe and Al Morin from the July 22, 2004
Planning and Zoning Commission meeting.
Agenda Item No. lOB. ZA04 -055, Plat Revision for Lots 3R1 and 3R2, Green Meadow
Subdivision, located on the south side of East Continental Boulevard at the intersection of
East Continental Boulevard and South Kimball Avenue. Current Zoning: I -1 Light
Industrial District. SPIN Neighborhood #7. Senior Planner Killough presented this item
to Council during the work session.
Motion was made to approve consent agenda Item No. 5A, approving the minutes as
presented for the July 20, 2004 meeting.
Motion:
Shankland
Second:
Muzyka
Ayes:
Jones, Muzyka, Shankland, Wambsganss
Nays:
None
Abstains:
Morris
Approved: 4 -0 -1
Motion was made to approve consent agenda Items No. 5A approving the minutes for
July 13, 2004 as presented; 513; 5C appointing Keith Shankland as Chair of the Board of
Directors for Tax Increment Reinvestment Zone Number One, City of Southlake, Texas;
8A; 9A to table to the August 17, 2004 City Council meeting; 10A and lOB, subject to
Plat Review Summary No. 1, dated July 28, 2004.
Motion: Shankland
Second: Muzyka
Ayes: Jones, Morris, Muzyka, Shankland, Wambsganss
Nays: None
Approved: 5 -0
REGULAR AGENDA:
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Agenda Item No. 6. Public Forum No one spoke.
Agenda Item No. 7A. Ordinance No. 480 -XX, 2nd Reading, An amendment to Zoning
Ordinance No. 480, Section 44, Board of Adjustment, as amended, changing the number
of alternate members of the Zoning Board of Adjustment from two members to four
members. Senior Planner Killough 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 NO. 480, AS AMENDED, THE
COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF SOUTHLAKE,
TEXAS; REVISING SECTION 44.1 REGARDING THE NUMBER OF ALTERNATE
MEMBERS APPOINTED TO THE BOARD OF ADJUSTMENTS; 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 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 480 -XX, 2nd Reading.
Motion: Jones
Second: Shankland
Ayes: Jones, Morris, Muzyka, Shankland, Wambsganss
Nays: None
Approved: 5 -0
Agenda Item No. 5B. Ordinance No. 480 -442, 2nd Reading (ZA04 -028) Zoning Change
and Site Plan for Southlake Westwood Office Park located at 3100 West Southlake
Boulevard. Current Zoning: 0-1 Office District. Requested Zoning: S -P -1 Detailed Site
Plan District with 0-1 Office District uses. SPIN Neighborhood #15. Senior Planner
Killough presented this item to Council. Scott Simmons, 1400 Laurel Lane, Southlake,
answered questions from the Council. 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 5R7, BLOCK 3, CIMMARRON ACRES ADDITION, BEING
APPROXIMATELY 2.176 ACRES, AND MORE FULLY AND COMPLETELY
DESCRIBED IN EXHIBIT "A" FROM "O -1" OFFICE DISTRICT TO "S -P -1"
DETAILED SITE PLAN DISTRICT 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
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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 480 -442, subject to Planning and Zoning
Commission recommendations and Staff Review Summary No. 4, dated July 28, 2004,
and granting the requested variances.
Motion: Morris
Second: Shankland
Ayes: Jones, Morris, Muzyka, Shankland, Wambsganss
Nays: None
Approved: 5 -0
Agenda Item No. 7C. ZA04 -032, Plat Revision for Cimmarron Acres located at 3100
West Southlake Boulevard. Current Zoning: 0-1 Office District. Proposed Zoning: SP-1
Detailed Site Plan District with 0-1 Office District uses. SPIN Neighborhood 915.
Senior Planner Killough presented this item to Council.
Motion was made to approve ZA -032 subject to Plat Review Summary No. 4, dated July
2, 2004, granting the requested variances.
Motion: Shankland
Second: Jones
Ayes: Jones, Morris, Muzyka, Shankland, Wambsganss
Nays: None
Approved: 5 -0
Auenda Item 7D. Resolution No. 04 -058 (ZA04 -052) Snecif c Use Permit for a Mass
Gathering Event for Oktoberfest on property described as Southlake Town Square, Phase
One. Current Zoning: DT Downtown District. SPIN Neighborhood #8. Senior Planner
Killough presented this item to Council in conjunction with item 7E. Shelly Johnson,
Southlake Chamber of Commerce, made a presentation and 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 MASS GATHERING
EVENT ON PROPERTY WITHIN THE CITY OF SOUTHLAKE, TEXAS, LOCATED
AT THE NORTHEAST CORNER OF E. SOUTHLAKE BLVD. AND N. CARROLL
AVENUE, BEING LEGALLY DESCRIBED AS SOUTHLAKE TOWN SQUARE
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PHASE I, AN ADDITION TO THE CITY OF SOUTHLAKE, TARRANT COUNTY,
TEXAS, ACCORDING TO THE PLAT RECORDED IN CABINET A, SLIDE 4892,
PLAT RECORDS, TARRANT COUNTY, TEXAS, 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 -058, subject to staff comments:
The Specific Use Permit for the Mass Gathering Event of Oktoberfest permits the event
to occur one weekend per year during the month of October, Friday through Sunday, for
three (3) consecutive years without having to receive a new SUP approval each year, with
the following conditions:
1. A Plan be submitted and approved administratively by the City of Southlake
Department of Public Safety, Parks and Recreation and Planning Department,
subject to all applicable City ordinances and codes, including the criteria for a
mass gathering event described in Ordinance 480, Section 45.14, as amended.
2. The event remains within the general scope of this plan.
Motion:
Morris
Second:
Jones
Ayes:
Jones, Morris, Muzyka, Shankland, Wambsganss
Nays:
None
Approved:
5 -0
Auenda Item 7E. Resolution No. 04 -059 (ZA04 -053) Snecif c Use Permit for the sale of
alcoholic beverages for Oktoberfest on property described as Southlake Town Square,
Phase One. Current Zoning: DT Downtown District. SPIN Neighborhood #8. Senior
Planner Killough presented this item to Council in conjunction with item 7D. Shelly
Johnson, Southlake Chamber of Commerce, made a presentation and 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 THE NORTHEAST CORNER OF E. SOUTHLAKE BLVD. AND N.
CARROLL AVENUE, BEING LEGALLY DESCRIBED AS SOUTHLAKE TOWN
SQUARE PHASE I, AN ADDITION TO THE CITY OF SOUTHLAKE, TARRANT
COUNTY, TEXAS, ACCORDING TO THE PLAT RECORDED IN CABINET A,
SLIDE 4892, PLAT RECORDS, TARRANT COUNTY, TEXAS, 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.
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No one spoke during the public hearing.
Motion was made to approve Resolution No. 04 -059, subject to staff comments:
The Specific Use Permit for sale of alcoholic beverages is permitted during the three day
period of the Oktoberfest (ZA04 -052) one weekend per year, Friday through Sunday, for
three (3) consecutive years without having to receive a new SUP approval each year, with
the following conditions:
1. A Plan be submitted and approved administratively by the City of Southlake
Department of Public Safety, Parks and Recreation and Planning Department,
subject to all applicable City ordinances and codes, including the criteria for a
mass gathering event described in Ordinance 480, Section 45.14, as amended.
2. The event remains within the general scope of this plan.
Motion:
Shankland
Second:
Jones
Ayes:
Jones, Morris, Muzyka, Shankland, Wambsganss
Nays:
None
Approved:
5 -0
Agenda Item No. 8B. Ordinance No. 480 -YY, 1 St Reading, Amending the
Comprehensive Zoning Ordinance No. 480, Section 4, Definitions, and Section 45,
Specific Use Permits, as amended, pertaining to petroleum operations, oil and natural gas
drilling and production. Interim Director Baker presented this item to Council.
Motion was made to approve Ordinance 480 -YY, 1 St Reading, as approved by the
Planning and Zoning Commission, requiring a tree survey, in compliance with the City's
tree preservation ordinance, be submitted.
Motion: Shankland
Second: Jones
Ayes: Jones, Morris, Muzyka, Shankland, Wambsganss
Nays: None
Approved: 5 -0
Agenda Item No. 9B. Resolution No. 04 -057, Appointing two alternate members to the
Zoning Board of Adjustment with one term to expire in May 2005 and one term to expire
in May 2006. Mayor Wambsganss presented this item to Council. 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 TWO NEW ALTERNATE MEMBERS TO THE ZONING
BOARD OF ADJUSTMENT WITH ONE TERM TO EXPIRE IN MAY 2005 AND
ONE TERM TO EXPIRE IN MAY 2006; AND PROVIDING AN EFFECTIVE DATE.
Motion was made to appoint Danny R. Mayer as Alternate #4, term expiring May 2006
and Michael Waldman as Alternate #3, term expiring May 2005.
Motion: Muzyka
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Second: Jones
Ayes: Jones, Morris, Muzyka, Shanldand, Wambsganss
Nays: None
Approved: 5 -0
Agenda Item No. 11A. Revisions to Sign Ordinance 704 -13: Progress Report from the
Planning and Zoning Commission. Interim Director Baker presented this item to Council
during the Work Session.
Agenda Item No. 12. Meeting adjourned Mayor Wambsganss adjourned the meeting at
7:47 p.m.
*An audio recording of this meeting will be permanently retained in the City
Secretary's Office.
Andy Wambsganss
Mayor
ATTEST:
Tara A. Brooks
Deputy City Secretary
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