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2005-04-05 I I .- I I I I I I Ie I I I I I I I .e I CITY OF SOUTHLAKE REGULAR CITY COUNCIL MEETING MINUTES: APRIL 5. 2005 LOCATION: 1400 Main Street, Southlake, Texas Council Chambers in Town Hall CITY COUNCIL PRESENT: Mayor Andy Wambsganss and Deputy Mayor Pro Tern Carolyn Morris (arrived at 5:41 p.rn.); and Councilrnembers Laura K. Hill, Gregory Jones, Virginia M. Muzyka, and John Terrell. CITY COUNCIL ABSENT: Mayor Pro Tern Keith Shankland. STAFF PRESENT: 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, Information Systems Technician Sam Cobb, Audio Visual System Technician Pam Jordan, Director of Community Services Malcolm Jackson, Director of Economic Development Greg Last, Director of Finance Sharen Elam, Director of Human Resources Kevin Hugrnan, Director of Planning Ken Baker, Chief Planner Dennis Killough, Director of Public Safety Rick Black, Chief of Fire Services Robert Finn, Interim Chief of Police Marlin Price, Chief of Administration Garland Wilson, Director of Public Works Pedram Farahnak, Construction Manager Clayton Redinger, 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 5:33 p.m. City Council reviewed the agenda items with city staff and applicants. The following agenda items were added to the consent agenda: 8A to table to the May 3,2005 City Council meeting, lOA and lOB. 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 6:40 p.m. and ended at 7:22 p.m. Agenda Item No. 2B. Reconvene. Mayor Wambsganss reconvened the regular meeting at 7:26 p.m. The Mayor asked if there was any action necessary as a result of the Executive Session. There was no action necessary. REGULAR CITY COUNCIL MEETING MINUTES, APRIL 5, 2005 Page 1 of8 I I .e I I I I I I Ie I I I I I I I .e I Agenda Item No. 3 Invocation. The invocation was given by Mike Beaugh from Southlake Boulevard Presbyterian Church. Mayor Wambsganss led the pledge of allegiance. Agenda Item No. 4A. Mayor's Report. Mayor Wambsganss announced upcoming meetings and events. The Mayor presented a proclamation to C.D. Peebles and Penny Pannell in honor of National Library Week. Agenda Item No. 4B. City Manager's Report. No report was given. Agenda Item No. 4C. SPIN Board Report. Jan Francis announced upcoming meetings and events. Agenda Item No. 4D. Library Board Report. A written report was included in City Council's packet. Agenda Item No. 4E. Park and Recreation Board Report. Elaine Cox announced upcoming meetings and events. Rosemary Hutchins announced the winners of the Arbor Day Poetry Contest sponsored by Keep Southlake Beautiful. All the winners were from Laurie Gavins 6th grade class at Eubanks Intermediate School. The awards were presented to Alex Koszarek, Stephanie Todd, Audrey Defferari and Bailey Callahan, honorable mention; Even Plenenos, third place; Tyler Arkes, second place and Ryan Jones, first place. The Best Overall award was presented to Conner Reynolds who read his poem, "The Warrior in the Tree." Agenda Item No. 4F. Local Business Report. Director Last introduced Ricky Hadzovic from Broadway Pizza 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. SA. Approve the minutes for the March 15.2005. regular City Council meeting. Approved as presented. Agenda Item No. 5B. Ordinance No. 886. 1 st Reading. an ordinance canceling the May 7. 2005. General Election and declaring each unopposed candidate elected to office; and providing an effective date. Approved as presented. Agenda Item No. 5C. Authorize the Mayor to execute a Residential Developer's Agreement for St. Emilion Subdivision. a 14-10t development. located on the north side of East Highland Street approximatelY 650' west of Sunshine Lane. Construction Manager Redinger presented this item to Council during the work session. Agenda Item No. 5D. Authorize the Mayor to execute a compromise and settlement agreement with Architectural Utilities Limited Partnership d/b/a AU! General REGULAR CITY COUNCIL MEETING MINUTES, APRIL 5, 2005 Page 2 018 I I .. I I I I I I I. I I I I I I I . I I Contractors vs. City of Southlake. Texas vs. HNTB Corporation. and American Insurance Company. Approved as discussed in Executive Session. Agenda Item No. 5E. Approve the revised Conflict of Interest Affidavit. Assistant to the City Manager Thatcher presented this item to Council during the work session. City Attorney Sralla made the following changes: . The fourth paragraph should read, "I have a substantial interest because, I, my spouse or a person or persons related to me within the first degree of consanguinity or affinity have the following relationship to the business entity or real property which will likely be affected by the vote on the above-referenced agenda item: (check all which are applicable)." . The second check mark area should read, "Ownership of 10% or more or $5,000 or more ofthe fair market value ofthe business entity." Agenda Item No. SF. Authorize the Mayor to enter into a contract with Euless B&B Wrecker Service for provision of police pulls and for removal of vehicles from city streets and highways as a result of an accident. mechanical disability. or when requested by the Department of Public Safety. Approved as presented. Agenda Item No. 5G. Resolution No. 05-008. (ZA04-090), Specific Use Permit for a telecommunications antenna located on Lot lR. Block 1. Carroll High School Addition located at 1501 West Southlake Boulevard. Current Zoning: S-P-l Detailed Site Plan District. SPIN Neighborhood #16. The applicant requested to table this item to the May 3,2005 City Council meeting. Agenda Item No. 5H. Resolution No. 05-020. Accept settlement with TXU Electric Delivery. Approved as presented. In accordance with Section 4.21 of the City Charter, the caption for this term is listed as follows: RESOLUTION ABATING SHOW-CAUSE AND ACCEPTING SETTLEMENT WITH TXU ELECTRIC DELIVERY. Agenda Item No. 51. 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. Mayor Wambsganss was absent from the March 15,2005 City Council meeting and Vice-Chairman Debra Edmondson was absent from the March 17, 2005 Planning and Zoning Commission meeting. Agenda Item No. 8A. Ordinance No. 480-451. 1st Reading (ZA04-10n. Zoning Change for Tracts lAIA2 and lAIA2D. B.l. Foster Survey. Abstract No. 519. The property is located on the north side of Gifford Court. approximately 300 feet east of Randol Mill Avenue. Current Zonin~: AG Agricultural District. Requested Zoning: SF-IA Single Family Residential District. SPIN Neighborhood #12. The applicant requested to table this item to the May 3, 2005 City Council meeting. REGULAR CITY COUNCIL MEETING MINUTES, APRIL 5, 2005 Page 3 of8 I I .e I I I I I I Ie I I I I I I I .e I Agenda Item No. 10A. Authorize the Mavor to execute a Tennis Center Management Agreement with Roxy Tennis. L.L.C.. dba "Southlake Tennis Center." Director Jackson presented this item to Council during the work session. Stephen and Mia Poorman, 228 Canyon Lake Drive, Southlake answered Council's questions. Agenda Item No. lOB. Approve the proposed recognition signage for Bob Jones Park batting cages. Director Jackson presented this item to Council during the work session. Motion was made to approve consent agenda items 5A; 5B; 5C; 5D; 5E, with changes to the fourth paragraph to read, "I have a substantial interest because, I, my spouse or a person or persons related to me within the first degree of consanguinity or affinity have the following relationship to the business entity or real property which will likely be affected by the vote on the above-referenced agenda item: (check all which are applicable)" and the second check mark area to read, "Ownership of 1 0% or more ore $5,000 or more of the fair market value of the business entity."; 5F; 5G tabling to May 3, 2005, at the request of the applicant; 5H; 51 excusing the absences of Mayor Wambsganss from the March 15, 2005 City Council meeting and Debra Edmondson from the March 17, 2005 Planning and Zoning Commission meeting; 8A tabling to May 3,2005 at the request of the applicant; lOA; and lOB. Motion: Muzyka Second: Terrell Ayes: Jones, Hill, Morris, Muzyka, Terrell, Wambsganss Nays: None Approved: 6-0 REGULAR AGENDA: Agenda Item No.6. Public Forum. Will deWaal, 2106 Woodbine Circle, Southlake, ofPulte Homes discussed issues relating to residential construction trash containment. Jason Chavez of Consolidated Construction Services asked Council to review the Franchise Agreement with Trinity Waste in regards to building construction hauling. Agenda Item No. 7A. Ordinance No. 480-452. 2nd Reading (ZA04-103). Zoning Change and Concept Plan for Tract lA2. Lakin H. Chivers Survey. Abstract No. 300: proposed Lots 1-9. Brentwood Addition. The property is located at 2055 North White Chapel Boulevard. Current Zoning: AG Agricultural District. Requested Zoning: SF-30 Single Familv Residential District. SPIN Neighborhood #5. Chief Planner Killough presented this item to Council in conjunction with agenda item no. 7B. Applicants David McMahan and Tom Matthews, Four Peaks Acquisition, Inc., answered Council's questions relating to fencing. In accordance with Section 4.21 of the City Charter, the caption for this term is listed as follows: REGULAR CITY COUNCIL MEETING MINUTES, APRIL 5, 2005 Page 4 of8 I I .e I I I I I I Ie I I I I I I I .e I 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 lA2, SITUATED IN THE LARKIN H. CHIVERS SURVEY, ABSTRACT NO. 300, BEING APPROXIMATELY 8.681 ACRES, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHffiIT 'A' FROM 'AG' AGRICULTURAL DISTRICT TO 'SF-30' 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. 480-552, 2nd Reading, (ZA04-103) subject to Concept Plan Review Summary No.5, March 30, 2005 with the following amendments: requiring the entrance wall on the west side to be made of stone and either be 6 feet in height or with a 3 feet berm and a 4 Yz feet fence of stone and can have some breaks with wrought iron fencing; requiring the fencing on the north, south and east sides be a minimum 6 feet high, made of cedar, board on board with capped construction similar to the exhibit provided at tonight's meeting and have stone columns that match the west wall at a minimum spacing of 32 feet on center; requiring the CCRs address maintenance of the fencing; requiring fencing between the lots and approximately perpendicular to the street have a minimum requirement of 6' dog-eared wood fencing; requiring any fencing between the houses that is visible from and approximately parallel to the street be wrought iron; and eliminating the street stub. Motion: Second: Ayes: Nays: Approved: Terrell Jones Jones, Hill, Morris, Muzyka, Terrell, Wambsganss None 6-0 A~enda Item No. 7B. ZA04-104. Preliminary Plat for proposed Lots 1-9. Brentwood Addition. described as Tract lA2. Lakin H. Chivers Survey. Abstract No. 300. The property is located at 2055 North White Chapel Boulevard. Current Zoning: AG A~cultural District. Proposed Zoning: SF-30 Single Family Residential District. SPIN Neighborhood #5. Chief Planner Killough presented this item to Council in conjunction REGULAR CITY COUNCIL MEETING MINUTES, APRIL 5, 2005 Page 5 0/8 I I .e I I I I I I Ie I I I I I I I .e I with agenda item no. 7 A. Applicant David McMahan, Four Peaks Acquisition, Inc. answered Council's questions. Motion was made to approve ZA04-104, Preliminary Plat for proposed Lots 1-9, Brentwood Addition subject to Plat Review Summary No.5, March 30, 2005; eliminating the street stub and limiting the development to a maximum of nine lots. Motion: Terrell Second: Jones Ayes: Jones, Hill, Morris, Muzyka, Terrell, Wambsganss Nays: None Approved: 6-0 Agenda Item No. 7C. ZA05-008. Site Plan for Feedstore BBO & More located at 530 South White Chapel Boulevard. Current Zoning: S-P-l Detailed Site Plan District. SPIN Neighborhood #14. Chief Planner Killough presented this item to Council. Applicant Bill Lafavers, 620 South White Chapel Boulevard, Southlake, answered Council's questions. Mayor Wambsganss opened the public hearing and read comment cards from the following people who did not wish to speak: William Tennyson, 1416 Micah Way, Keller, Texas, in support. Donna Tennyson, 1416 Micah Way, Keller, Texas, in support. Mark Lafavers, 1200 North Carroll Avenue, Southlake, Texas, in support. Mayor Wambsganss closed the public hearing. Motion was made to approve ZA05-008, Site Plan for Feedstore BBQ & More, subject to Site Plan Review Summary No.2, March 11, 2005 granting the requested variance to allow 100 percent cement board on the enclosure areas to match the existing building material and eliminating the outside seating as shown. Motion: Terrell Second: Jones Ayes: Jones, Hill, Morris, Muzyka, Terrell, Wambsganss Nays: None Approved: 6-0 Resolution No. 05-019. (ZA05-009t Specific Use Permit to allow a tent for the ouroose of ~romoting retail sales at 325 Commerce Street. Current Zoning: 1-1 Light Industrial District. SPIN Neighborhood #7. Chief Planner Killough presented this item to Council. Applicant Kim Cameron, 2890 Market Loop, Southlake, 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 TENT FOR THE PURPOSE OF PROMOTING RETAIL SALES ON PROPERTY WITHIN THE CITY OF SOUTHLAKE, TEXAS, LOCATED AT 325 COMMERCE STREET, BEING REGULAR CITY COUNCIL MEETING MINUTES, APRIL 5, 2005 Page 60[8 I I. I I I I I I I I. I I I I I I I I. I LEGALLY DESCRIBED AS LOT 3, BLOCK A, COMMERCE BUSINESS PARK, MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A", AND AS DEPICTED ON THE APPROVED CONCEPT PLAN ATTACHED HERETO AND INCORPORATED HEREIN AS EXHIBIT "B" AND PROVIDING AN EFFECTNE DATE. No one spoke during the public hearing. Motion was made to approve Resolution No. 05-019, as presented, allowing the signage as shown, and requiring the permit to be issued by the building services department. Motion: Terrell Second: Muzyka Ayes: Jones, Hill, Morris, Muzyka, Terrell, Wambsganss Nays: None Approved: 6-0 Agenda Item No. 8B. Ordinance No. 480-453. 1 st Readin~ (ZA05-OlO)' Concept Plan for l'roposed Lots 1-9. Block 1. The Pavilion at Southlake; being Tracts 2A2. lA. lAl. and lAlA. W. R. Eaves Survev. Abstract No. 500; and Zoning Change specifically for Tracts lA. lAl. and lAlA located on the south side of West Southlake Boulevard where it intersects with Meadowlark Lane. Current Zoning: C-3 General Commercial District and AG Agricultural District. Reauested Zoning: C-3 General Commercial District. SPIN Neighborhood #16. Chief Planner Killough presented this item to Council. Applicants Phillip Bressink, 200 Swallow Drive, Southlake; F.C. Levrier; Dean Lackey, 401 Timber Lake Way, Southlake; and Rick Byrd, 112 Woodglen Court, Southlake answered Council's questions. Council discussed the time issues, architecture and landscaping. Motion was made to approve Ordinance No. 480-453, 1st Reading, Concept Plan for proposed Lots 1-9, Block 1, The Pavilion at Southlake and Zoning Change for Tracts lA, lAl, and lAlA subject to Concept Plan Review Summary No.2, March 30, 2005, including the P&Z recommendations; adding that a plan showing the type of landscape that will be planted in the bufferyard on the south side of the property be brought to the next meeting; requiring recommendations concerning the hours of operation be presented at the next meeting, requiring the architectural styles of the buildings be similar to the rendering presented at tonight's meeting; requiring the entry feature be complete before the opening of the soccer facility. Motion: Terrell Second: Jones Ayes: Jones, Hill, Morris, Muzyka, Terrell, Wambsganss Nays: None Approved: 6-0 Agenda Item No. llA. 50th Anniversary Planning Committee. Director Last presented this item to Council during the work session. REGULAR CITY COUNCIL MEETING MINUTES, APRIL 5, 2005 Page 70f8 I I. I I I I I I I I. I I I I I I I I. I Agenda Item No. 12. Meeting adjourned. Mayor Wambsganss adjourned the meeting at 10:09 p.m. * An audio recording of this meeting will be permanently retained in the City Secretary's Office. ATTEST: Utw~ Tara A. Brooks Deputy City Secretary "'''''''''''' ......,'" OUT"'~""'" ...... !< CO ......... ~ $ 0.... .... ~ \ it-I * \"""E\ --I . - 50: : : \ \.. .;&)1 ~ ... ... ~ '" ......... $ "'" *** ",.... .",,,....,,,,,,' ~~- Mayor REGULAR CITY COUNCIL MEETING MINUTES, APRIL 5, 2005 Page 80[8