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2004-03-30 I .. I I ~ :1 I il I. il !.. I :1 I I I I I .- I CITY OF SOUTHLAKE OffiCIAL RECORD SPECIAL CITY COUNCIL MEETING MINUTES: MARCH 30. 2004 LOCATION: 1400 Main Street, Southlake, Texas Council Chambers in Town Hall CITY COUNCIL PRESENT: Mayor Andy Wambsganss, Mayor Pro Tem W. Ralph Evans, Deputy Mayor Pro Tem Rex Potter, and Councilmembers Carolyn Morris, Keith Shankland, Greg Standerfer, and Tom Stephen (arrived at 6:00 p.m.). CITY COUNCIL ABSENT: None. STAFF PRESENT: City Manager Billy Campbell, Assistant City Manager Shana Yelverton, Executive Secretary Kim Bush, Assistant to the City Manager John Eaglen, Intern Ben Thatcher, Manager of Technical Services Gary Gregg, Audio Visual System Technician Pam Jordan, Information Systems Technician Sam Cobb, Library Administrator Kerry McGeath, 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, Director of Planning Bruce Payne, Senior Planner Dennis Killough, Fire Chief Robert Finn, Chief Building Official Paul Ward, Plans Examiner Chuck Bloomberg, Building Operations Assistant D.J. Green, Building Operations Assistant Dianna Brawner, Director of Public Works Pedram Farahnak, Deputy Director of Public Works Charlie Thomas, Deputy City Secretary Tara Brooks, City Attorney E. Allen Taylor, City Attorney Tim Sralla, and City Secretary Lori Farwell. 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, 8C, 9A, and toC were added to the consent agenda. The work session ended at 6:23 p.m. REGULAR SESSION: Agenda Item No.1. Call to order: The regular session was called to order by Mayor Wambsganss at 6:23 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; Section 551.072, deliberation regarding real property; Section 551.073, deliberation regarding prospective gift; Section 551.074, deliberation regarding personnel matters; Section 551.076, deliberation regarding security devices; Section 551.087, deliberation regarding economic development negotiations; Section 418.183(f) Texas Disaster Act; and Section 418.to6(d) & (e), local meetings to discuss emergency management plans regarding pipeline safety. City Council adjourned SPECIAL CITY COUNCIL MEETING MINUTES, MARCH 30, 2004 Page 1 0[8 I I. I I I I I I I I. I I I I I I I . I I for Executive Session at 6:23 p.m. Executive Session began at 6:32 p.m. and ended at 6:55 p.m. Agenda Item No. 2B. Reconvene: Mayor Wambsganss reconvened the regular meeting at 7:04 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 Coy Quesenbury from Lonesome Dove Baptist Church. Mayor Wambsganss led the audience in the Pledge of Allegiance. Agenda Item No. 4A. Mayor's Report: Mayor Wambsganss announced upcoming meetings and events. Mayor Wambsganss welcomed the sponsors and guests from Southlake's Sister City Toyoma, Japan. Mayor Pro Tern Evans introduced each sponsor and guest and thanked all of them for their participation in the Sister City program. Mayor Wambsganss presented a proclamation for Building Safety Week to Chief' Building Official Ward. Councilmember Morris thanked the Parks Department for all of their work on the Tour de Parks program on March 27,2004. Agenda Item No. 4B. City Manager's Re{lort: City Manager Campbell proudly announced that Assistant City Manager Yelverton has recently been elected as the Chairperson for the Metroport Cities Partnership. Agenda Item No. 4C. Financial Report: A written report was given 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. ADDrove minutes for the March 2. 2004. regular City Council meeting. Approved as presented. Agenda Item No. 5B. Authorize the Mavor to enter into the Tarrant Regional Transportation Coalition Agreement and anDoint Southlake's representative to the Board of Directors. Assistant City Manager Yelverton presented this item to Council during the work session and then introduced former Mayor Gary Fickes who gave a brief presentation. The Council agreed to appoint Mr. Fickes as Southlake's representative to the Board of Directors. Agenda Item No. 5C. Consider rescheduling the Mav 18. 2004. City Council meeting. Mayor Wambsganss presented this item to Council during the work session. Council agreed to leave the regular Council meeting on May 18 and to hold the canvassing of the election on May 25. Council took no action on this item. Agenda Item No. 5D. ADprove temporarily extending the existing facility utilization agreements with the youth sports associations to end upon the aDDroval of the revised SPECIAL CITY COUNCIL MEETING MINUTES, MARCH 30, 2004 Page 2 of8 I I - I I I I I I ,I I. I I I I I I I .- I facility utilization agreements. Director Jackson presented this item to Council during the work session. Agenda Item No. 5E. Approve naming certain park roads for identification ourooses. Director Jackson presented this item to Council during the work session. Agenda Item No. 8A. Ordinance No. 861. 1st Reading. Amending Chanter 10. of the City Code and oroviding provisions regarding high grass and weeds. Director Jackson presented this item to Council during the work session. Council agreed to put this item on consent. Agenda Item No. 8C. Ordinance No. 704-B. 1st Reading. Amendment to the Sign Ordinance. Senior Planner Killough presented this item to Council during the work session. Council agreed to put this item on consent. Agenda Item No. 9A. Resolution No. 04-021. Aopointing a City Council re,presentative to the Southlake Parks Development COfj)oration to fill the unexpired term of W. Raloh Evans. Mayor Wambsganss presented this item to the Council during the work session. The Council agreed to appoint Councilmember Morris to the fill unexpired term of W. Ralph Evans to the Southlake Parks Development Corporation with a term ending May 2004. 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, APPOINTING A CITY COUNCIL REPRESENTATIVE TO THE SOUTHLAKE PARKS DEVELOPMENT CORPORATION TO FILL THE UNEXPIRED TERM OF W. RALPH EVANS; AND PROVIDING AN EFFECTIVE DATE. Agenda Item No. IOC. Consider SP04-040. Variance to Sign Ordinance No. 704-A. for Texas Nations Title located at 100 South Village Center Drive. Senior Planner Killough presented this item to Council during the work session. Council agreed to move this item to consent. Motion was made to approve items 5A as presented; 5B appointing Gary Fickes as Southlake's representative to the Board of Directors; 5D; 5E; 8A; 8C; 9A appointing Carolyn Morris to the Southlake Parks Development Corporation with a term ending May 2004; and 10C. Motion: Standerfer Second: Shankland Items 5B appointing Gary Fickes as Southlake's representative to the Board of Directors; 5D; 5E; 8A; 8C; 9A appointing Carolyn Morris to the Southlake Parks Development Corporation with a term ending May 2004; and 10C: Ayes: Evans, Morris, Potter, Shankland, Standerfer, Stephen, Wambsganss Nays: None SPECIAL CITY COUNCIL MEETING MINUTES, MARCH 30, 2004 Page 3 018 I I. I I I I I I I Ie I I I I I I I Ie I Approved: 7-0 Item SA: Ayes: Nays: Abstains: Approved: Evans, Morris, Potter, Shankland, Standerfer, Wambsganss None Stephen 6-0-1 REGULAR AGENDA Agenda Item No.6. Public Forum. No one spoke. Agenda Item No. 7A. Resolution No. 04-018 (ZA03-09n Specific Use Permit for Southlake Boarding Facility on oroperty located at the northeast comer of East Continental Boulevard and Crooked Lane. Current Zoning: 1-1 Light Industrial District. SPIN Neighborhood #7. Senior Planner Killough presented this item to Council. The applicant's attorney, Ann Creighton, 70S Lakehurst Court, Southlake, made a presentation to Council and answered Council's questions. Applicant Dave Shackelford, 1400 Vino Rosso Court, Southlake, made a presentation to Council and answered Council's questions. Sound Engineer Scott Leamered, 26 Scotland Road, Norwich, Connecticut, gave a presentation to Council and answered Council's questions. Public Hearing opened. Tim Whelan, 1211 Brumlow Avenue, Southlake, did not speak but registered his opposition to this request. David Washington, 7300 Hix Court, Colleyville, spoke as an adjacent property owner in opposition to this request. Gary Cantrell, 3400 Glade Road, Colleyville, spoke as an adjacent property owner in opposition to this request. Arlon Washburn, 2060 East Continental Boulevard, Southlake, spoke in opposition to this request. Carmen Southern, 1402 Vino Rosso Court, Southlake, spoke in support of this request. Chris Southern, 1402 Vino Rosso Court, Southlake, did not speak but registered his support of this request. Meg Walter, 907 Westminster Way, Southlake, did not speak but registered her opposition to the request. Ann Barnhart-Washburn, 2060 E. Continental Boulevard, Southlake, did not speak but registered her opposition to this request. SPECIAL CITY COUNCIL MEETING MINUTES, MARCH 30, 2004 Page 40f8 I . I. I I I I I I I I- I I I I I I I . I I Ronald McClellan, S1. John Baptist Church, spoke as an adjacent property owner in opposition to this request. Public Hearing closed. After discussion, the applicant requested to table this item to allow time to hold another SPIN meeting. Motion was made at the applicant's request to table Resolution No. 04-018 (ZA03-091) Specific Use Permit for Southlake Boarding Facility to the May 18, 2004, Council meeting. Motion: Second: Ayes: Nays: Approved: Standerfer Shankland Evans, Morris, Potter, Shankland, Standerfer, Stephen, Wambsganss None 7-0 Agenda Item No. 7B. ZA03-095. Site Plan for Chu Eve Associates on propertv located on the southeast comer of East Southlake Boulevard and Bank Street. Current Zoning: C- 3 General Commercial District. SPIN Neighborhood #7. Senior Planner Killough presented this item to Council. Architect Jack Romigh with Carter and Burgess answered Council's questions. No spoke during the Public Hearing. Motion was made to approve ZA03-095 Site Plan for Chu Eye Associates subject to Site Plan Review Summary No.3, dated February 27,2004, and granting requested variances. Motion: Standerfer Second: Potter Ayes: Evans, Morris, Potter, Shankland, Standerfer, Stephen, Wambsganss Nays: None Approved: 7-0 Agenda Item No. 7C. Resolution No. 04-019 (ZA04-009) Specific Use Permit for the sale of alcoholic beverages at Fuiu Yama Steak and Sushi. LLC. on Prollertv located at 1230 Main Street in Southlake Town Square. Current Zoning: DT Downtown District. SPIN Neighborhood #8. Senior Planner Killough presented this item to Council. Applicant Steven Lee, 1109 Shady Trail, Dallas, answered Council's questions. No one spoke during the public hearing. In accordance with Section 4.21 of the City Charter, the caption for this item is listed as follows: SPECIAL CITY COUNCIL MEETING MINUTES, MARCH 30, 2004 Page 5 of8 I ' I. I I I I I I I Ie I I I I I I I I- I 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, BEING 1230 MAIN STREET, LEGALLY DESCRIBED AS A PORTION OF LOT 2, BLOCK 2 Rl, SOUTHLAKE TOWN SQUARE, MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A", AND AS DEPICTED ON THE APPROVED DEVELOPMENT PLAN ATTACHED HERETO AND INCORPORATED HEREIN AS EXHIBIT "B" AND PROVIDING AN EFFECTIVE DATE. Motion was made to approve Resolution No. 04-019 (ZA04-009) Specific Use Permit for the sale of alcoholic beverages at Fuju Yama Steak and Sushi, LLC, limited to the term of the lease. Motion: Second: Ayes: Nays: Approved: Standerfer Shankland Evans, Morris, Potter, Shankland, Standerfer, Wambsganss None 6-0 (Councilmember Stephen was out of the room.) Agenda Item No. 8B. Ordinance No. 480-432. 15t Reading. (ZA03-085) Zoning Change and Site Plan for East Southlake #1 Ltd. on pronerty located at 900 East Southlake Boulevard: anproximately 1.100 feet west of North Carroll Avenue. Current Zoning: AG Agricultural District. Requested Zoning: S-P-l Detailed Site Plan District with 0-1 Office District uses. SPIN Neighborhood #10. Senior Planner Killough presented this item to Council during the work session. Council decided to leave it on the regular agenda to be heard later in the evening. Applicant Dr. Angelo Mendez and Architect Skip Blake answered Council's questions. Foxborough Homeowner's Association President, David McCowin, answered Council's questions and stated that all of the concerns of the HOA were addressed in the Planning and Zoning Commission's motion. Motion was made to approve Ordinance No. 480-432, 15t Reading, (ZA03-085) Zoning Change and Site Plan for East Southlake #1 Ltd., as approved by the Planning and Zoning Commission and stipulating that at the time the remainder of the property develops, the wood fence shall be replaced with a masonry fence. Motion: Standerfer Second: Stephen Ayes: Evans, Morris, Potter, Shankland, Standerfer, Stephen, Wambsganss Nays: None Approved: 7-0 Agenda Item No. lOA. Consider SP04-024. Variance to Sign Ordinance No. 704-A. for Rer essence 1 located at 2717 East Southlake Boulevard. Suite 160. Senior Planner Killough presented this item to Council during the work session. SPECIAL CITY COUNCIL MEETING MINUTES, MARCH 30, 2004 Page 60f8 I . I . I I I I I I I I I. I I I I I I I . I I Motion was made to approve SP04-024, Variance to Sign Ordinance No. 704-A, for Re[ essence] as requested but stipulating that the proposed sign be moved to immediately underneath the existing sign and requiring the removal of the window signage. Motion:. Standerfer Second: Potter Ayes: Evans, Morris, Potter, Shankland, Standerfer, Stephen, Wambsganss Nays: None Approved: 7-0 Agenda Item No. lOB. Consider SP04-025. Variance to Sign Ordinance No. 704-A. for The Courtyard at Timarron located at 1207. 1209. & 1211 South White Chapel Boulevard. Senior Planner Killough presented this item to Council. Applicant Joe Cavinero made a presentation and answered Council's questions. Motion was made to approve SP04-025, Variance to Sign Ordinance No. 704-A, for The Courtyard at Timarron, with one sign per building. Motion: Potter Second: Stephen Ayes: Evans, Morris, Potter, Shankland, Stephen, Wambsganss Nays: Standerfer Approved: 6-1 Agenda Item No. IOD. Consider the use of the Council Chambers bv members of the Tax Increment Financing District. CounciImember Standerfer presented this item to Council. Susan Ansley, 607 Loving Court, Southlake, spoke in support of this item. Motion was made to approve the use of the Council Chambers by members of the Tax Increment Financing District only and payment of the cost of personnel to operate equipment during those meetings. Motion: Standerfer Second: Evans Ayes: Standerfer, Evans Nays: Morris, Potter, Shankland, Stephen, Wambsganss Vote: 2-5 (motion failed) Agenda Item No. 12. Meeting adiourned. Mayor Wambsganss adjourned the meeting at 10:04 p.m. *An audio recording of this meeting will be permanently retained in the City Secretary's Offlce. A~~ ~ Andy Wambsginss Mayor SPECIAL CITY COUNCIL MEETING MINUTES, MARCH 30, 2004 Page 70f8 I' I. I I I I I I I I. I I I I I I I I. I ","",,,,,,, ATTEST: ..........~O\)THl..cJ.t'"" ~' L~ ............ ~ ~ ~ 'ej"' ...... rA 'f) {~l -L .\~~ r2AA. - (,). ~ .'A '" :. . : V,I : Lori A. Farwell, TRMC \.... .... 'i . ~ ~ ~ ~ CIty Secretary "" ....... ........ "'" *** ,........ ""......." SPECIAL CITY COUNCIL MEETING MINUTES. MARCH 30. 2004 Page 80f8 G _ cS r� � Cr. 1 " c (u PC' C GENERAL FUND u n C� I S C ( Statement of Revenues, Expenditures and Changes in Fund Balance roC, for the period ended February 29, 2004 with comparative actual amounts for the period ended February 28, 2003 (fiscal month 5- 41.67 %) Percen Year to Date 2003/04 Collecte Year to Date REVENUES 2/29/2004 Budget Ex • ended 2/28/2003 Ad Valorem Taxes $10,813,787 $10,831,377 99.8% $10,232,613 r Sales Tax 2,352,526 4,602,301 51.1% 1,360,999 Franchise Fees 524,309 1,739,288 30.1% 250,021 Fines 588,509 1,018,000 57.8% 335,339 Charges for Services 173,110 559,440 30.9% 175,343 Permits/Fees 558,850 738,660 75.7% 389,742 Miscellaneous 250,931 352,282 71.2% 167,276 Interest Income 59,029 180,000 32.8% 38.354 Total Revenues $15,321,051 $20,021,348 76.5% $12,949,687 EXPENDITURES City Secretary $101,675 $278,651 36.5% $136,510 Human Resources 101,344 273,724 37.0% 108,345 City Manager 181,588 449,611 40.4% 181,437 Support Services 1,182,935 2,741.105 43.2% 1,003,268 General Government Total 1,567,542 3,743,091 41.9% 1,429,560 Finance 259,361 627,810 41.3% 208,846 Municipal Court 150,211 380,906 39.4% 132,919 Municipal Court-Teen Court 21,910 62,949 34.8% 13,043 Finance Total 431,482 1,071,665 40.3% 354,808 Fire 1,226,694 3,017,057 40.7% 1,107,202 Police 1,869,962 4,567,585 40.9% 1,735,757 Public Safety Support 470,488 1,230,386 38.2% 354,765 Building 359,328 862,869 41.6% 499,570 Public Safety Total 3,926,472 9,677,897 40.6% 3,697,294 Streets/Drainage 753,430 1,331,615 56.6% 374,016 Public Works Administration 277,231 802,533 34.5% 295,704 Public Works Total 1,030,661 2,134,148 48.3% 669,720 Planning 200,305 565.799 35.4% 211.975 Planning Total 200,305 565,799 35.4% 211,975 Economic Development 110,594 303,943 36.4% 107,673 Economic Development Total 110,594 303,943 36.4% 107,673 Community Services 145,813 425,299 34.3% 103,047 Parks and Recreation 813,868 2,429,825 33.5% 597,287 Library Services 186.443 413,915 45.0% 135,628 Community Services Total 1,146,124 3,269,039 35.1% 835,962 Total Expenditures $8,413,180 $20,765,582 40.5% $7,306,992 Excess (deficiency) of Revenue over Expenditures $6,907,871 ($744,234) $5,642,695 OTHER FINANCING SOURCES AND (USES) Proceeds from lease /CO (net) $0 $0 $0 Transfer In -Other Funds 0 0 0 Transfer To-Other Funds (807,226) (807,226) 0 Total Other Sources /(Uses) ($807,226) ($807,226) $0 Excess (deficiency) of Revenues /other sources over Exp. $6,100,645 ($1,551,460) $5,642,695 FUND BALANCE OCT 1 $6,367,966 Change in reserved fund balance $0 ENDING FUND BALANCE $4,816,506 fund balance percentage 22.33% WATER AND SEWER ENTERPRISE FUND Comparative Statement of Revenues and Expenses for the period ended February 29, 2004 and February 28, 2003 (fiscal month 5- 41.67 %) Percen Year to Date 2003/04 Collecte Year to Date REVENUES 2/29/2004 Budget Expended 2/28/2003 Water Sales - residential $2,498,129 $7,700,000 32.4% $2,287,403 Water Sales - commercial 845,019 2,100,000 40.2 ° / 514,616 Sewer Sales 1,212,669 3,150,000 38.5 ° / 1,115,301 Sanitation Sales 352,406 895,000 39.4 ° / 340,561 Other utility charges 102,868 239,650 42.9 ° / 87,802 Miscellaneous 144 0 1,445 Interest Income 53,219 110.000 48.4% 43,821 Total Revenues $5,064,454 $14,194,650 35.7% $4,390,949 EXPENSES Water $1,731,944 $6,378,524 27.2 ° / $1,566,118 Utility Billing 119,305 335,475 35.6 ° / 112,763 Sewer 587,835 1,806,509 32.5 ° / 398,978 Sanitation 227,993 675,000 33.8 ° / 222,140 Debt Service 1 4,103,631 5.254,273 78.1 ° / 3,654,050 Total Expenses $6,770,708 $14,449,781 46.9 ° / $5,954,049 Excess (deficiency) of Revenue over Expenses ($1,706,254) ($255,131) ($1,563,100) OTHER FINANCING SOURCES AND (USES) Transfer In -Other Funds $0 $0 $0 Transfer Out -Other Funds 0 0 0 Total Other Sources /(Uses) $0 $0 $0 Excess (deficiency) of Revenues and other sources over Expenses ($1,706,254) ($255,131) ($1,563,100)