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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. UNOFFICIAL REGULAR CITY CO UNCIL MEETING MINUTES, A UG UST 3, 2004 Page 1 of 8 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. UNOFFICIAL REGULAR CITY CO UNCIL MEETING MINUTES, A UG UST 3, 2004 Page 2 of 8 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: UNOFFICIAL REG ULAR CITY CO UNCIL MEETING MINUTES, A UG UST 3, 2 004 Page 3 of 8 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 UNOFFICIAL REGULAR CITY COUNCIL MEETING MINUTES, A UG UST 3, 2004 Page 4 of 8 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 UNOFFICIAL REGULAR CITY CO UNCIL MEETING MINUTES, A UG UST 3, 2004 Page 5 of 8 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. UNOFFICIAL REG ULAR CITY CO UNCIL MEETING MINUTES, A UG UST 3, 2 004 Page 6 of 8 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 UNOFFICIAL REG ULAR CITY CO UNCIL MEETING MINUTES, A UG UST 3, 2 004 Page 7 of 8 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 UNOFFICIAL REG ULAR CITY CO UNCIL MEETING MINUTES, A UG UST 3, 2 004 Page 8 of 8