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Item 5ACITY OF SOUTHLAKE REGULAR CITY COUNCIL MEETING MINUTES: SEPTEMBER 21, 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 Tern Carolyn Morris; and Councilmembers Laura K. Hill (arrived at 5:40 p.m.), Gregory Jones (arrived at 6:32 p.m.), Virginia M. Muzyka, and John Terrell. CITY COUNCIL ABSENT None. STAFF PRESENT City Manager Billy Campbell, Assistant City Manager Shana Yelverton, Executive Secretary Kim Bush, Library Administrator Kerry McGeath, Information Systems Technician Sam Cobb, Audio Visual System Technician Pam Jordan, Director of Community Services Malcolm Jackson, Deputy Director of Community Services Steve Polasek, 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, Director of Public Safety Rick Black, Chief of Administration Garland Wilson, Chief of Fire Services Robert Finn, Chief of Police Services Marlin Price, Director of Public Works Pedram Farahnak, Deputy Director of Public Works Charlie Thomas, Assistant to the Director of Public Works Valerie Bradley, City Attorney E. Allen Taylor, City Attorney Tim Sralla, Deputy City Secretary Tara Brooks, and City Secretary Lori Farwell. WORK SESSION The work session was called to order by Mayor Wambsganss at 5:28 p.m. City Council reviewed the agenda items with city staff and applicants. Agenda items 7D to withdraw, 8A, 813, 10A, 10F to table to October 5, 2004, and IOG were added to the consent agenda. The work session ended at 6:45 p.m. REGULAR SESSION: Agenda Item No. 1. Call to order The regular session was called to order by Mayor Wambsganss at 6:45 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. City Council adjourned for Executive Session at 6:45 p.m. Executive Session began at 7:05 p.m. and ended at 7:22 p.m. Agenda Item No. 2B. Reconvene Mayor Wambsganss reconvened the regular meeting at 7:24 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 John Watson from Cornerstone Bible Church. Boy Scout Troop 928 presented the colors and led the audience in the Pledge of UNOFFICIAL REGULAR CITY COUNCIL MEETING MINUTES, SEPTEMBER 21, 2004 Page 1 of 8 Allegiance. Mayor Wambsganss presented a proclamation to Scout Master Steve Salin in recognition of his service and dedication to scouting. Agenda Item No. 4A. Mayor's Report Mayor Wambsganss announced upcoming meetings and events and presented a proclamation to Debbie Baynard for Family Day. The Mayor discussed his recent trip to Toyoma, Japan, with Councilmember Terrell and his wife Joanne and Councilmember Muzyka and her husband Kie, and residents Craig and Peggy Rothmeier and Larry Smartan. Deputy Mayor Pro Tern Morris announced the September 25 walk to benefit the Polycystic Kidney Disease Foundation. Agenda Item No. 4B. City Manager's Report None. Agenda Item No. 4C. Financial Report: A written report was included in Council's packet. Agenda Item No. 4D. Local Business Report: Economic Development Specialist Wagoner introduced Sally Lunsford owner of Bath Junkie, who made a presentation 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 September 7, 2004, regular City Council meeting_ Approved as presented. Agenda Item No. 5B. Approve renewal of contract with Mutual of Omaha for employee and dependent basic and voluntary life insurance benefits and employee Accidental Death and Dismemberment insurance benefits. Director Hugman presented this item to the Council during the work session. Agenda Item No. 5C. Authorize the Mayor to execute an Interlocal Agreement between the City of Southlake and the City of Colleyville for GIS services. Interim Director Baker presented this item to the Council during the work session. Agenda Item No. 5D. Authorize the Mayor to enter into an Interlocal Agreement between the City of Fort Worth and the City of Southlake for participation in Fort Worth's Environmental Collection Center and Household Waste Program Director Black presented this item to the Council during the work session. Agenda Item No. 5E. Authorize the City Manager to enter into an agreement for the purchase of park property This item was tabled to the October 5, 2004, City Council meeting. Agenda Item No. 7D. ZA04 -058, Site Plan for Don Davis Investments, located in North Davis Business Park at 2105 Greenbriar. Current Zoning: I -1 Light Industrial District. SPIN Neighborhood #16 The applicant requested to withdraw this item. Agenda Item No. 8A. Ordinance No. 880, 1 st Reading, Amendment to Chapter 9.5 - Environment of the Southlake City Code to add Article IV "Gas and Oil Well Permits Interim Director Baker UNOFFICIAL REGULAR CITY COUNCIL MEETING MINUTES, SEPTEMBER 21, 2004 Page 2 of 8 presented this item to Council during the work session. Consultant Larry Hulsey made a brief presentation and answered Council's questions. Agenda Item No. 8B. Ordinance No. 881, 1 st Reading, Amendment to Section 12 -78 of Article III, Park and Recreation Board Meetings and by -laws, of Chapter 12 of the Southlake City Code; providing for revision to election of officers Director Jackson presented this item to Council during the work session. Agenda Item No. 10A. Consider excusing members of the City Council and of the Planning and Zoning Commission for absences from meetings City Council excused the absence of Al Morin from the September 9, 2004, Planning and Zoning Commission meeting. Agenda Item No. IOF. Consider SPO4 -212, Amendment to Conditional Sign Permit for Gateway Plaza Phase II, located at East Southlake Boulevard and North Nolen Drive. Senior Planner Killough presented this item to the Council during the work session. Applicants Terry Wilkinson and Mike Barnett, 4216 Amhurst, Dallas, answered Council's questions during the work session. The applicant requested to table this item to the October 5, 2004, City Council meeting. Agenda Item No. lOG. Consider SPO4 -213, Amendment to Conditional Sign Permit for Southlake Corners (Colonial Bank), located at the 200 block of North Kimball Avenue. Senior Planner Killough presented this item to the Council during the work session. Motion was made to approve consent agenda items 5A; 513; 5C; 513; 5E to table to October 5, 2004; 7D to withdraw; 8A; 813; 10A; IOF to table to October 5, 2004; and IOG. Motion: Muzyka Second: Shankland Ayes: Jones, Hill, Morris, Muzyka, Shankland, Terrell, Wambsganss Nays: None Approved: 7 -0 REGULAR AGENDA: Agenda Item No. 6. Public Forum Matt Tuggey, 1361 Cross Timber, Southlake, thanked staff members for their commitment to the timely opening of Bob Jones Park. Agenda Item No. 7A. Ordinance No. 878, 2nd Reading, Annual Budget for FY 2004 -05 and revised budget figures for FY 2003 -04 and multi -year CIP. City Manager Campbell, Assistant City Manager Yelverton, and Director Elam 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 OF THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS, APPROVING REVISED BUDGET FIGURES FOR FISCAL YEAR 2003 -04; APPROVING AND ADOPTING THE BUDGET FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2004, AND TERMINATING SEPTEMBER 30, 2005, AND MAKING APPROPRIATIONS FOR EACH DEPARTMENT, PROJECT AND ACCOUNT; REPEALING CONFLICTING UNOFFICIAL REGULAR CITY COUNCIL MEETING MINUTES, SEPTEMBER 21, 2004 Page 3 of 8 ORDINANCES; PROVIDING A SAVINGS AND SEVERABILITY CLAUSE; AND DECLARING AN EFFECTIVE DATE. No one spoke during the public hearing. Motion was made to approve Ordinance No. 878, 2nd Reading, Annual Budget for FY 2004 -05 and revised budget figures for FY 2003 -04 and multi -year CIP Motion: Jones Second: Shankland Ayes: Jones, Hill, Morris, Muzyka, Shankland, Terrell, Wambsganss Nays: None Approved: 7 -0 Agenda Item No. 7B. Ordinance No. 879, 2nd Reading, Tax Levy Ordinance. Director Elam presented this item to Council. In accordance with Section 4.21 of the City Charter, the caption for this item is listed as follows: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS, FIXING AND LEVYING MUNICIPAL AD VALOREM TAXES FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2004 AND ENDING SEPTEMBER 30, 2005, AND FOR EACH YEAR THEREAFTER UNTIL OTHERWISE PROVIDED, AT THE RATE OF $0.462 PER ONE HUNDRED DOLLARS ($100.00) ASSESSED VALUE ON ALL TAXABLE PROPERTY WITHIN THE CORPORATE LIMITS OF THE CITY OF SOUTHLAKE, TEXAS, AS OF JANUARY 1, 2004, TO PROVIDE REVENUES FOR THE PAYMENT OF CURRENT EXPENSES AND TO PROVIDE AN INTEREST AND SINKING FUND ON ALL OUTSTANDING DEBTS OF THE CITY; DIRECTING THE ASSESSMENT THEREOF; PROVIDING FOR DUE AND DELINQUENT DATES TOGETHER WITH PENALTIES AND INTEREST THEREON; PROVIDING FOR PLACE OF PAYMENT; PROVIDING FOR APPROVAL OF THE TAX ROLLS PRESENTED TO THE CITY COUNCIL; PROVIDING FOR THE REPEAL OF INCONSISTENT ORDINANCES; PROVIDING FOR A SEVERABIL,ITY CLAUSE; AND DECLARING AN EFFECTIVE DATE. No one spoke during the public hearing. Motion was made to approve Ordinance No. 879, 2nd Reading, Tax Levy Ordinance approving a rate of $0.462 per one hundred dollar ($100.00) assessed value on all taxable property within the corporate limits of the City of Southlake. Motion: Jones Second: Terrell Ayes: Jones, Hill, Morris, Muzyka, Shankland, Terrell, Wambsganss Nays: None Approved: 7 -0 Agenda Item No. 7C. ZA04 -056, Revised Site Plan for Colonial Bank, located in Southlake Corners at the 200 block of North Kimball Avenue. Current Zoning: C -3 General Commercial UNOFFICIAL REGULAR CITY COUNCIL MEETING MINUTES, SEPTEMBER 21, 2004 Page 4 of 8 District. SPIN Neighborhood #8. Senior Planner Killough presented this item to Council. Architect William Greene, GDA Architects, Dallas, answered Council's questions. No one spoke during the public hearing. Motion was made to approve ZA04 -056, Revised Site Plan for Colonial Bank subject to the Staff Report dated September 15, 2004, granting requested variance to the pitched roof requirement. Motion: Jones Second: Shankland Ayes: Jones, Hill, Morris, Muzyka, Shankland, Terrell, Wambsganss Nays: None Approved: 7 -0 Agenda Item No. 7E. Resolution No. 04 -068, (ZA04 -061), Specific Use Permit for Outdoor Sales to allow hot dog stand sales in front of Lowe's, at 201 North Kimball Avenue. Current Zoning: C -3 General Commercial District. SPIN Neighborhood #7. Senior Planner Killough presented this item to Council. Applicant Trevor Peninger, 4400 Keater, North Richland Hills, answered Council's questions. 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, GRANTING A SPECIFIC USE PERMIT FOR OUTDOOR SALES OR SERVICES ON PROPERTY WITHIN THE CITY OF SOUTHLAKE, TEXAS, BEING 201 NORTH KIMBALL AVENUE, LEGALLY DESCRIBED AS LOT 5, BLOCK 1, KIMBALL / 1709 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. Motion was made to approve Resolution No. 04 -068, (ZA04 -061), Specific Use Permit for Outdoor Sales to allow hot dog stand sales in front of Lowe's subject to Staff Report dated September 15, 2004, and subject to the Planning and Zoning Commission's motion. Motion: Jones Second: Muzyka Ayes: Jones, Hill, Morris, Muzyka, Shankland, Terrell, Wambsganss Nays: None Approved: 7 -0 Agenda Item No. lOB. ZA04 -048_ Revised Preliminary Plat for Lots 3R1. 3R2. 4RL & 4R2 Block 1, The Glory Place, being a revision of Tracts 3 and 4R, The Glory Place, located at 160 and 200 East Continental Boulevard. Current Zoning: SF-IA Single Familv Residential District. SPIN Neighborhood 99W. Senior Planner Killough presented this item to Council in conjunction with Agenda Item No. IOC. Applicant F.C. LeVrier, 1725 East Southlake Boulevard, Suite 200, Southlake, answered Council's questions on Agenda Item Nos. IOB and IOC. UNOFFICIAL REGULAR CITY COUNCIL MEETING MINUTES, SEPTEMBER 21, 2004 Page 5 of 8 Motion was made to approve ZA04 -048, Revised Preliminary Plat for Lots 3R1, 3R2, 4R1, & 4R2, Block 1, The Glory Place, subject to the Staff Report dated September 15, 2004, and requiring maintenance of the driveway in the restrictive convenants; approving requested variance to the street frontage requirements in lieu of the common access easement and driveway as proposed; and requiring City Council approval of a plan for the gate prior to the construction. Motion: Jones Second: Terrell Ayes: Jones, Hill, Morris, Muzyka, Shankland, Terrell, Wambsganss Nays: None Approved: 7 -0 Agenda Item No. IOC. ZA04 -072, Plat Revision for Lots 3R1, 3R2, 4R1, & 4R2, Block 1, The Glory Place, being a revision of Tracts 3 and 4R, The Glory Place, located at 160 and 200 East Continental Boulevard. Current Zoning: SF -IA Single Family Residential District. SPIN Neighborhood #9W. Senior Planner Killough presented this item to Council in conjunction with Agenda Item No. lOB. Applicant F.C. LeVrier, 1725 East Southlake Boulevard, Suite 200, Southlake, answered Council's questions on Agenda Item Nos. IOB and IOC. Motion was made to approve ZA04 -072, Plat Revision for Lots 3R1, 3R2, 4R1, & 4R2, Block 1, The Glory Place, subject to Staff Report dated September 15, 2004, and incorporating the language of the previous motion for ZA04 -048. Motion: Jones Second: Terrell Ayes: Jones, Hill, Morris, Muzyka, Shankland, Terrell, Wambsganss Nays: None Approved: 7 -0 Agenda Item No. IOD. Consider SPO4 -209, Variance to Sign Ordinance No. 704 -B, Next Century Dental, located at 2630 East State Highway 114 west bound access road). Senior Planner Killough presented this item to Council. Applicant Dr. Joe Benola, 1800 Barrington, Roanoke, answered Council's questions. Motion was made to approve SPO4 -209, Variance to Sign Ordinance No. 704 -B, Next Century Dental approving the variance to the text but deleting the logo of a mouth and teeth. Motion: Morris Second: Shankland Ayes: Jones, Hill, Morris, Muzyka, Shankland, Terrell, Wambsganss Nays: None Approved: 7 -0 Agenda Item No. 10E. Consider SPO4 -210, Variance to Sign Ordinance No. 704 -13, Highland Nails & Spa, located at 2125 West Southlake Boulevard, Suite 335 Senior Planner Killough presented this item to Council. The applicant was not present. Motion was made to table this item until the October 5, 2004, City Council meeting. Motion: Terrell UNOFFICIAL REGULAR CITY COUNCIL MEETING MINUTES, SEPTEMBER 21, 2004 Page 6 of 8 Second: Jones Ayes: Jones, Hill, Morris, Muzyka, Shankland, Terrell, Wambsganss Nays: None Approved: 7 -0 (to table to October 5, 2004) Agenda Item No. 7F. Resolution No. 04 -066, An Amendment to the Master Thoroughfare Plan regarding the crossing of Kirkwood Boulevard Extension at the Highland Street /Carroll Avenue intersection. Interim Director Baker presented this item to Council. Mayor Wambsganss opened the public hearing. The Mayor read comment cards from people who were opposed and did not wish to speak: David and Alice Edelen, 1203 Ashmoore Court, Southlake; Bryan McLarty, 1202 Blythe Lane, Southlake; Jan Francis, 1211 Ashmoore Court, Southlake; and, Kermit L. Stosberg, Jr., 1204 Blythe Lane, Southlake. Jere Francis, 1211 Ashmoore Court, Southlake, spoke in opposition. Kenneth Horne, 1215 Ashmoore Court, Southlake, spoke in opposition. Sid Moreo, 1212 Ashmoore Court, Southlake, spoke in opposition. Mayor Wambsganss closed the public hearing. Council discussed this item. Bryan McLarty, 1202 Blythe Lane, Southlake, asked questions of Council. Jerald Shivers, 1800 North White Chapel Boulevard, Southlake, asked a question regarding platting of his property. Eli Knowles, 1680 South Brumlow, Southlake, spoke in opposition to closing Highland Street. Motion was made to approve Resolution No. 04 -066, an amendment to the Master Thoroughfare Plan regarding the crossing of Kirkwood Boulevard extension approving Option #2 as shown and directing the Planning and Zoning Commission to continue studying the alignment and to look at alternate solutions for the alignment of Kirkwood Boulevard and improvements to Highland Street west of Carroll Avenue. Motion: Terrell Second: Shankland Ayes: Jones, Hill, Morris, Muzyka, Shankland, Terrell, Wambsganss Nays: None Approved: 7 -0 Agenda Item No. 11A. Southlake Town Square development There was no discussion on this item. No action was taken on this item. UNOFFICIAL REGULAR CITY COUNCIL MEETING MINUTES, SEPTEMBER 21, 2004 Page 7 of 8 Agenda Item No. 12. Meeting adjourned Mayor Wambsganss adjourned the meeting at 9:29 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 UNOFFICIAL REGULAR CITY COUNCIL MEETING MINUTES, SEPTEMBER 21, 2004 Page 8 of 8