2005-01-18
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CITY OF SOUTHLAKE
OFFICIAL RECORD
REGULAR CITY COUNCIL MEETING MINUTES: JANUARY 18. 2005
LOCATION:
1400 Main Street, Southlake, Texas
Council Chambers in Town Hall
CITY COUNCIL PRESENT: Mayor Andy Wambsganss, Mayor Pro Tem Keith
Shankland and Deputy Mayor Pro Tem Carolyn Morris; and Councilmembers Laura K.
Hill, Gregory Jones, Virginia M. Muzyka, and John Terrell.
CITY COUNCIL ABSENT: None.
STAFF PRESENT: Acting City Manager Shana Yelverton, Assistant to the City
Manager Ben Thatcher, Executive Secretary Kim Bush, Library Administrator Kerry
McGeath, Manager of Information Systems Gary Gregg, Audio Visual System
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, Director of Finance Sharen
Elam, Director of Human Resources Kevin Hugman, Senior Planner Dennis Killough,
Planner Ben Bryner, Director of Public Safety Rick Black, Chief of Police Services
Marlin Price, Chief of Fire Services Robert Finn, Director of Public Works Pedram
Farahnak, Deputy Director of Public Works Charlie Thomas, City Attorney Tim Sralla
and City Secretary Lori Farwell.
WORK SESSION: The work session was called to order by Mayor Wambsganss at 5:38
p.m. City Council reviewed the agenda items with city staff and applicants. Agenda items
8B, lOA acknowledging there were no absences to excuse, and lOB subject to Plat
Review Summary No.1, dated December 30, 2004, were added to the consent agenda.
The work session ended at 6:19 p.m.
REGULAR SESSION:
Agenda Item No.1. Call to order. The regular session was called or order by Mayor
Wambsganss at 6:19 p.m.
Agenda Item No. 2A. Executive Session. Mayor Wambsganss announced the City
Council would be going into Executive Session pursuant to the Texas Government Code,
Section 551.071, consultation with city attorney; Section 551.074, deliberation regarding
personnel matter; Section 551.087, deliberation regarding economic development
negotiations. City Council adjourned for Executive Session at 6:19 p.m. Executive
Session began at 6:35 p.m. and ended at 7:35 p.m.
Agenda Item No. 2B. Reconvene. Mayor Wambsganss reconvened the regular meeting
at 7:40 p.m. The Mayor asked if there was any action necessary as a result of the
Executive Session. No action was necessary.
REGULAR CITY COUNCIL MEETING MINUTES, JANUARY 18, 2005
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Agenda Item No.3. Invocation. The invocation was given by Margy Gore from Good
Shepherd Catholic Church. Mayor Wambsganss led the pledge of allegiance.
Agenda Item No. 4A. Mavor's ReJ>ort. Mayor Wambsganss announced upcommg
meetings and events.
Agenda Item No. 4Al. Video and Dresentation bv Southlake Baseball Association.
Councilmember Jones introduced this item for the Southlake Baseball Association. Lou
Miltenberger presented a video presentation to Council. President of SBA, J.B. Manning,
introduced players and coaches and thanked Brian Small for his good work on the video
and Director Jackson and the Community Services Department for the good work they
do. Kevin Cox discussed the daily issues with the ball fields.
Agenda Item No. 4B. City Manager's Reoort. There was no report given.
Agenda Item No. 4C. Financial Reoort. A written report was included in City Council's
packet.
Agenda Item No. 4D. School District Report. School Board President Dale Crane gave
the school district report for Carroll Independent School District.
Agenda Item No. 4E. Local Business Reoort. Director Last introduced, Mary Davis, of
Roly Poly who introduced her local business to the Council.
CONSENT AGENDA: Consent agenda items are considered to be routine by the City
Council and are enacted with one motion.
Agenda Item No. SA. ADDrove the minutes for the January 4. 2005. regular City Council
meeting and for the January 11. 2005. sDecial City Council meeting. Approved as
presented.
Agenda Item No. 5B. Authorize the Mavor to execute a sanitary sewer easement on Dark
property. Director Jackson presented this item to Council during the work session.
Agenda Item No. 5C. ADDrove the DroDosed amended Interlocal Agreement with Carroll
Indeoendent School District for Park. Playground. and Other Recreational Facilities.
Deputy Director Polasek presented this item to Council during the work session.
Agenda Item No. 5D. ZA04-083. Plat ShowinlZ for DroDosed Lots 9 - 12. LBG Hall No.
686 Addition located on the northwest comer of West Southlake Boulevard and Shady
Oaks Drive. Current Zoning: S-P-l Detailed Site Plan District. SPIN Neighborhood #13.
Senior Planner Killough presented this item to Council during the work session.
Applicant Terry Wilkinson answered Council's questions.
REGULAR CITY COUNCIL MEETING MINUTES, JANUARY 18, 2005
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Agenda Item No. 5E. ZA04-099. Plat Revision for l>rooosed Lot 4Rl. Block 3.
Cornerstone Business Park. located on the west side of Silicon Drive and Exchange
Boulevard. Current Zoning: 0-1 Office District. SPIN Neighborhood #7. Senior Planner
Killough presented this item to Council during the work session.
Agenda Item No. SF. Consider SP04-131. Variance to the Sign Ordinance 704-B for La
Petite Academv located at 1400 West Southlake Boulevard. The applicant requested to
table this item to the February 15, 2005, City Council meeting.
Agenda Item No. 5G. Ordinance No. 480-446. (ZA04-044t 1st Reading. Zoning Change
and Concent Plan for Kimball Estates located at 1470 North Kimball Avenue. Current
Zoning: SF-IA Single Family Residential District. Reauested Zoning: SF-20A Single
Family Residential District. SPIN Neighborhood #5. The applicant requested to table this
item to the February 15, 2005, City Council meeting.
Agenda Item No. 8B. Ordinance No. 598-B. 1st Reading. Ordinance revisions
establishing the Southlake Program for the Involvement of Neighborhoods (SPIN).
Assistant to the City Manager Thatcher presented this item to Council during the work
seSSIOn.
Agenda Item No. lOA. Consider excusing members of the City Council and of the
Planning and Zoning Commission for absences from meetings. There were no absences
to excuse.
Agenda Item No. lOB. ZA04-1 07. Plat Revision for orooosed Lots lRl - 7R. Block A.
114 & Carroll Addition located at the northwest intersection of State Highwav 114 and
North Carroll Avenue. Current Zoning: S-P-2 Generalized Site Plan District and C-3
General Commercial District. SPIN Neighborhood #6. Senior Planner Killough presented
this item to Council during the work session.
Motion was made to approve consent agenda items SA; 5B; 5C; 5D subject to Plat
Review Summary No.4, dated December 30, 2004; 5E subject to Plat Review Summary
No.1, dated December 30, 2004; SF to table to the February 15, 2005, City Council
meeting; 5G to table to the February 15, 2005, City Council meeting; 8B; lOA
acknowledging there were no absences to excuse; and lOB subject to Plat Review
Summary No.1, dated December 30, 2004.
Motion: Terrell
Second: Muzyka
Ayes: Jones, Hill, Morris, Muzyka, Shankland, Terrell, Wambsganss
Nays: None
Approved: 7-0
REGULAR AGENDA:
Agenda Item No.6. Public Forum. No one spoke during the public forum.s
REGULAR CITY COUNCIL MEETING MINUTES, JANUARY 18, 2005
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Agenda Item No. 7 A. Ordinance No. 480-450. (ZA04-086t 2nd Reading. Zoning Change
for 1280 Sunshine Lane. Current Zoning: AG Agricultural District. Reauested Zoning:
SF-IA Single Familv Residential District. SPIN Neighborhood #3. Senior Planner
Killough presented this item to Council. The applicant was present but did not speak. 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 TRACT 3AIDl, SITUATED IN THE F. THROOP SURVEY,
ABSTRACT NO. 1511, BEING APPROXIMATELY 3.95 ACRES, AND MORE
FULLY AND COMPLETELY DESCRIBED IN EXHffiIT "A" FROM "AG"
AGRICULTURAL DISTRICT TO "SF-IA" SINGLE FAMILY RESIDENTIAL
DISTRICT, 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. 480-450, (ZA04-086), 2nd Reading, Zoning
Change for 1280 Sunshine Lane as presented.
Motion: Terrell
Second: Shankland
Ayes: Jones, Hill, Morris, Muzyka, Shankland, Terrell, Wambsganss
Nays: None
Approved: 7-0
Agenda Item No. 7B. ZA04-087. Plat Showing for Lots 15-17. F. ThrooP. No. 1511
located at 1280 Sunshine Lane. Current Zoning: AG Agricultural District. Proposed
Zoning: SF-IA Single Family Residential District. SPIN Neighborhood #3. Senior
Planner Killough presented this item to Council.
Motion was made to approve ZA04-087, Plat Showing for Lots 15-17, F. Throop, No.
1511 located at 1280 Sunshine Lane subject to Plat Review Summary No.2, dated
December 3, 2004.
Motion: Terrell
Second: Muzyka
REGULAR CITY COUNCIL MEETING MINUTES, JANUARY 18, 2005
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Ayes:
Nays:
Approved:
Jones, Hill, Morris, Muzyka, Shankland, Terrell, Wambsganss
None
7-0
Agenda Item No. 7C. Resolution No. 05-004. (ZA04-105)' Soecific Use Permit for the
sale of alcoholic beverages at Fish City Grill located at 2750 East Southlake Boulevard.
Suite 140. Current Zoning: S-P-2 Generalized Site Plan District. SPIN Neighborhood #7.
Senior Planner Killough presented this item to Council. He said the applicant has
indicated the lease on this property is for a term of 10 years. 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
BEGERAGES ON PROPERTY WITHIN THE CITY OF SOUTHLAKE, TEXAS, 2750
E. SOUTHLAKE BOULEVARD, SUITE 140, BEING LEGALLY DESCRIBED AS A
PORTION OF LOT 3, BLOCK 2, GATEWAY PLAZA PHASE II, MORE FULLY
AND COMPLETELY DESCRIBED IN EXHffiIT "A," AND AS DEPICTED ON THE
APPROVED SITE PLAN ATTACHED HERETO AND INCORPORATED HEREIN
AS EXHffiIT "B" AND PROVIDING AN EFFECTIVE DATE.
No one spoke during the public hearing.
Motion was made to approve Resolution No. 05-004, (ZA04-105), Specific Use Permit
for the sale of alcoholic beverages at Fish City Grill located at 2750 East Southlake
Boulevard, Suite 140, as presented.
Motion: Terrell
Second: Jones
Ayes: Jones, Hill, Morris, Muzyka, Shankland, Terrell, Wambsganss
Nays: None
Approved: 7-0
Agenda Item No. 8A. Ordinance No. 882. 1st Reading. Ap~ointing an Alternate
MuniciDal Judge and authorizing the Mavor to execute an agreement with the Alternate
Municioal Judge and oroviding an effective date. Mayor Wambsganss presented this item
to Council.
Motion was made to approve Ordinance No. 882, 1st Reading, Appointing an Alternate
Municipal Judge being Gary Lee Hach and authorizing the Mayor to execute an
agreement with the Alternate Municipal Judge and providing an effective date of
February 1, 2005.
Motion: Shankland
Second: Terrell
Ayes: Jones, Hill, Morris, Muzyka, Shankland, Terrell, Wambsganss
Nays: None
Approved: 7-0
REGULAR CITY COUNCIL MEETING MINUTES, JANUARY 18, 2005
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Agenda Item No. l1A. Discussion item for wireless broadband initiative. Mayor
Wambsganss introduced this item to Council during the work session. Manager of
Information Systems Gregg presented this item to Council and led a discussion with
them.
Agenda Item No. 12. Meeting ad1ourned. Mayor Wambsganss adjourned the meeting at
8:34 p.m.
* An audio recording of this meeting will be permanently retained in the City
Secretary's Office.
:Et ~ ---
Andy Wambsganss
Mayor
---
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Lori A. Farwell, TRMC
City Secretary
REGULAR CITY COUNCIL MEETING MINUTES, JANUARY 18, 2005
Page 6016