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2005-02-15 I I. I I I I I I I Ie I I I I I I I Ie I omclAL RECORD CITY OF SOUTHLAKE REGULAR CITY COUNCIL MEETING MINUTES: FEBRUARY 15.. 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 Tern Carolyn Monis (arrived at 6:06 p.m.); and Councilmembers Laura K. Hill, Gregory Jones, Virginia M. Muzyka, and John Terrell. CITY COUNCIL ABSENT: None. STAFF PRESENT: Acting City Manager Shana Yelverton, Interim Deputy City Manager Charles Kiefer, Assistant to the City Manager Ben Thatcher, Executive Secretary Kim Bush, Manager of Information Systems Gary Gregg, Audio Visual System Technician Sam Cobb, Deputy Director of Community Services Steve Polasek, Economic Development Specialist Stefanie Wagoner, Director of Finance Sharen Elam, Director of Human Resources Kevin Hugman, Building Maintenance Val Tadlock, Director of Planning Ken Baker, Chief Planner Dennis Killough, Director of Public Safety Rick Black, Property & Evidence Officer Raymon Fullerton, Director of Public Works Pedram Farahnak, Deputy Director of Public Works Charlie Thomas, Construction Manager Clayton Redinger, City Attorney E. Allen Taylor, City Attorney Debra Drayovitch, and City Secretary Lori Farwell. WORK SESSION: The work session was called to order by Mayor Wambsganss at 5:33 p.m. City Council reviewed the agenda items with city staff and applicants. The following items were added to the consent agenda: 8A; 8B; and lOA excusing the absence of Bill Vaughan from the February 3, 2005, Planning and Zoning Commission meeting. The work session ended at 6:08 p.m. REGULAR SESSION: Agenda Item No.1. Call to order. The regular session was called or order by Mayor Wambsganss at 6:08 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 and Section 551.087, deliberation regarding economic development negotiations. City Council adjourned for Executive Session at 6:08 p.m. Executive Session began at 6:30 p.m. and ended at 7:37 p.m. Agenda Item No. 2B. Reconvene. Mayor Wambsganss reconvened the regular meeting at 7:46 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, FEBRUARY 15, 2005 Page 1 of6 I I. I I I I I I I Ie I I I I I I I I. I Agenda Item No. 3 Invocation. The invocation was given by Eric Hulet from Grace Community Church. Mayor Wambsganss led the pledge of allegiance. Agenda Item No. 4A. Mavor's Reoort. Mayor Wambsganss announced upcoming meetings and events and presented a proclamation for United States Armed Forces Week in Southlake to employees Raymon Fullerton, Clayton Redinger, and Val Tadlock. Economic Development Specialist Wagoner gave a brief presentation on the troop visitations at DFW Airport. Councilmember Hill presented information on the "Game Over" program on March 15 and 16. Agenda Item No. 4B. City Manager's Report. There was no City Manager's report. Agenda Item No. 4C. Financial Reoort. Director Elam presented this item to Council. Agenda Item No. 4D. Local Business Rc;a>ort. Economic Development Specialist Wagoner introduced Daniel Lopez from Salon Estetica who 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. Agenda Item No. 5A. Approve the minutes for the February 1. 2005. re2Ular City Council meeting. Approved as presented. Agenda Item No. 5B. ZA04-098. Plat Revision for Lots 8Rl & 8R2. O.W. Knight No. 899 Addition. being a revision of Lot 8. O.W. Kni2ht No. 899 Addition. The property is located at 150 Lilac Lane. Current Zoning: SF-IA Single Family Residential District. SPIN Nei2hborhood #9W. Chief Planner Killough presented this item to Council during the work session. Agenda Item No. 5C. Consider aovroval of plan for the wall and entry gate for Lots 3R1. 3R2. 4R1. & 4R2. Block 1. The Glory Place. located at 160 and 200 East Continental Boulevard. Chief Planner Killough presented this item to Council during the work session. Agenda Item No. 5D. Resolution No. 05-009. Call the May 7. 2005. General Election: authorize a contract for election services with Tarrant County Elections Administration: and authorize a 10int aszreement with Carrolllndc;a>endent School District for the Mav 7. 2005. election. 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, CALLING FOR A GENERAL ELECTION TO BE HELD ON MAY 7, 2005; REGULAR CITY COUNCIL MEETING MINUTES, FEBRUARY 15, 2005 Page 2 of6 I I. I I I I I I I I. I I I I I I I I. I DESIGNATING A POLLING PLACE; ESTABLISHING AN ELECTION PRECINCT WITHIN THE CITY; APPOINTING AN ELECTION JUDGE AND AN ALTERNATE ELECTION JUDGE; ESTABLISHING PROCEDURES FOR EARLY VOTING; AGREEING TO CONDUCT THE ELECTION JOINTLY WITH CARROLL INDEPENDENT SCHOOL DISTRICT; AUTHORIZING THE EXECUTION OF A CONTRACT FOR ELECTION SERVICES WITH TARRANT COUNTY ELECTIONS ADMINISTRATION; AUTHORIZING THE CITY SECRETARY TO MAKE SUBMISSIONS TO THE UNITED STATES JUSTICE DEPARTMENT FOR PRE- CLEARANCE APPROVAL; ESTABLISHING OTHER PROCEDURES FOR CONDUCTING THE ELECTION; ESTABLISHING A DATE FOR CANVASSING RETURNS; ESTABLISHING A DATE FOR A RUN-OFF ELECTION, IF NECESSARY; AND PROVIDING AN EFFECTIVE DATE. Agenda Item No. 5E. Authorize the Acting City Manager to enter into a settlement agreement with Sutton & Associates. L.P.. and Dolan Directional Drilling. Inc. This item was discussed during the executive session. Agenda Item No. 8A. Ordinance No. 778-A. 1 st Reading. An amendment to Noise Ordinance No. 778. modifying the definition of daytime and nighttime hours. Director Black presented this item to Council during the work session. Agenda Item No. 8B. Ordinance No. 883. 1 st Reading. An ordinance granting authorization to hold a city-wide Southlake Sidewalk Sale. Economic Specialist Wagoner 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. Mayor Wambsganss presented this item to Council during the work session. Council agreed to excuse the absence of Commissioner Bill Vaughan from the February 3, 2005 Planning and Zoning Commission meeting. Motion was made to approve the consent agenda items 5A; 5B subject to Revised Plat Review Summary No.2, dated February 9, 2005; 5C; 5D; 5E; 8A; 8B; and lOA excusing the absence of Bill Vaughan from the February 3, 2005, Planning and Zoning Commission meeting. Motion: Shankland Second: Terrell Ayes: Jones, Hill, Morris, Muzyka, Shankland, Terrell, Wambsganss Nays: None Approved: 7-0 REGULAR AGENDA: Agenda Item No.6. Public Forum. No one spoke. REGULAR CITY COUNCIL .MEETING MINUTES, FEBRUARY 15, 2005 Page 3 of6 I I. I I I I I I I I. I I I I I I I .. I Agenda Item No. 7A. Ordinance No. 598-B. 2nd Reading. Ordinance reVISIons establishing the Southlake Program for the Involvement of Neighborhoods (SPIN). Assistant to the City Manager Thatcher 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 OF SOUTHLAKE ESTABLISHING THE SOUTHLAKE PROGRAM FOR THE INVOLVEMENT OF NEIGHBORHOODS (SPIN); PROVIDING FOR APPOINTMENTS TO A NEIGHBORHOOD COMMITTEE AND SPECIFYING FUNCTION; PROVIDING FOR REPEALER CLAUSE; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS ORDINANCE IS PASSED IS OPEN TO THE PUBLIC AS REQUIRED BY LAW. No one spoke during the public hearing. Motion was made to approve Ordinance No. 598-B, 2nd Reading, Ordinance revisions establishing the Southlake Program for the Involvement of Neighborhoods (SPIN). Motion: Terrell Second: Morris Ayes: Jones, Hill, Morris, Muzyka, Shankland, Terrell, Wambsganss Nays: None Approved: 7-0 The remaining agenda items were taken out of order. Agenda Item No. lOB. Consider SP04-295. Variance to the Sign Ordinance No. 704-B for Cimrolar Wireless located at 2059 West Southlake Boulevard. Chief Planner Killough presented this item to Council. Applicant Kirk Withrow with Chandler Signs was present to answer Council's questions during the work session. Motion was made to deny SP04-295, Variance to the Sign Ordinance No. 704-B for Cingular Wireless located at 2059 West Southlake Boulevard. Motion: Terrell Second: Jones Ayes: Jones, Hill, Morris, Muzyka, Shankland, Terrell, Wambsganss Nays: None Vote: 7-0 (to deny) Agenda Item No. IOC. Consider SP04-131. Variance to the Sign Ordinance No. 704-B for La Petite Academv located at 1400 West Southlake Boulevard. Chief Planner Killough presented this item to Council. Applicant Kirk Withrow with Chandler Signs answered Council's questions during the work session. Motion was made to deny SP04-131, Variance to the Sign Ordinance No. 704-B for La Petite Academy located at 1400 West Southlake Boulevard. Motion: Terrell Second: Jones REGULAR CITY COUNCIL MEETING MINUTES, FEBRUARY 15, 2005 Page 4 of6 I I. I I I I I I I I. I I I I I I I I. I Ayes: Jones, Hill, Morris, Muzyka, Shankland, Terrell, Wambsganss Nays: None Vote: 7-0 (to deny) Agenda Item No. 7A. Resolution No. 05-005. Adootion of the State Highway 114 Corridor Study as a comoonent of the Southlake 2025 Plan. the Comprehensive Master Plan for the City of Southlake. Director Baker presented this item to Council and answered their questions. Planning and Zoning Chairman Vernon Stansell, 1204 Normandy Drive, Southlake, reviewed land. use categories with Council. Planning and Zoning Commissioner Brandon Bledsoe presented the mobility and environmental recommendations. Council discussed this item. Mayor Wambsganss opened the public hearing. The following people filled out comment cards in opposition but did not wish to speak: Bill Brown opposed to rezoning of Sunshine Lane to rural two acre; Catherine Coker, 2510 Greenbough Lane, Southlake, opposed to change at Shady Lane and State Highway 114; Alice Satterfield, 2417 Greenbough Lane, Southlake, opposed to T -1 overlay on the SF- lA lots on the west side of Shady Lane; and, Tim Miller, 2509 Rolling Lane, Southlake, opposed to T-l at State Highway 114 and Shady Lane. The following people spoke: Lloyd Satterfield, 2417 Greenbough Lane, Southlake, opposed to T -1 overlay at the intersection of Shady Lane and State Highway 114. Planning and Zoning Commissioner Bill Vaughan, 401 Marshall Road, Southlake, opposed to the proposal for the southwest comer of Dove Road and State Highway 114. L.O. Brightbill, 335 East Northwest Highway (State Highway 114) spoke in support. Buck Driggers of Newland Communities spoke in support. Nancy Trissell, 615 North Shady Lane, Southlake, opposed to the proposal for the southwest comer of Dove Road and State Highway 114. J.D. Powers, 1331 North Sunshine Lane, Southlake, opposed to the rural conservation district designation on his property. David Dowd, 2900 Hillcastle, Southlake, opposed to the proposal for Shady Lane and State Highway 114. Roger Hutton, 1900 Shady Oaks, Southlake, advocates leaving the office designation at the comer of Dove Road and State Highway 114. REGULAR CITY COUNCIL MEETING MINUTES, FEBRUARY 15, 2005 Page 5 of6 I I. I I I I I I I I. I I I I I I I I. I , . Mayor Wambsganss closed the public hearing. Deputy Mayor Pro Tem Morris left the meeting at 9:39 p.m. Motion was made to approve Resolution No. 05-005, Adoption of the State Highway 114 Corridor Study as a component of the Southlake 2025 Plan, the Comprehensive Master Plan for the City of Southlake, changing the land use designation on the property located at the northwest comer of SH 114 & Carroll Ave (panatonni site) to Office Commercial, except for the lot located at the hard comer which will remain Retail Commercial; removing the single family one acre lots located on Shady Lane out of the T-l designation; moving the Vaughan property at the comer of Dove Road and State Highway 114 to the study of the properties to the west; changing Estes Park, Phase I and II, to accurately reflect it as Medium Density Residential; changing the RC-l, RC-2, and RC-3 to an overlay land use instead of a new designation; including direction to staff to research ways to encourage and require developers to bury distribution lines located on their developments; showing on the land use recommendation map what is currently designated as critical resources as tOO-year flood plain; and directing staff to include a four lane cross section of the Kirkwood extension as part of the planning for that site. Motion: Terrell Second: Muzyka Ayes: Jones, Hill, Muzyka, Shankland, Terrell, Wambsganss Nays: None Approved: 6-0 Agenda Item No. 12. Meeting ad1ourned. Mayor Wambsganss adjourned the meeting at 10:30 p.m. *An audio recording of this meeting will be permanently retained in the City Secretary's Office. ~hM Maygr fri1J~ Pe.o rem ATTEST: "",,,11I,,,,,,, "" SOU,1t "" ......,... 0<< ........ ~-,.','.,. Lkw" ~ i..),...... ..~.~\ 0... i~f ~ Y~i - : ~ :l!!: Lori A. FatWell, TRMC ; \ l ~ j C. S .... .. 0, ~ Ity ecretary \ ..... ..... $ ~ lill.. ,"" "" ..-*. ",,, ""'''"111'''''' REGULAR CITY COUNCIL MEETING MINUTES, FEBRUARY 15, 2005 Page 60f6