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2004-06-15 - I I. I I I I I I I Ie I I I I I I I I. I . CITY OF SOUTHLAKE DFFICIAL RECORD REGULAR CITY COUNCIL MEETING MINUTES: JUNE 15.2004 LOCATION: 1400 Main Street, Southlake, Texas Council Chambers in Town Hall CITY COUNCIL PRESENT: Mayor Andy Wambsganss, Mayor Pro Tern Rex Potter, Deputy Mayor Pro Tern Keith Shankland, and Councilmembers Gregory Jones, Carolyn Morris, Virginia Muzyka, and John Terrell. CITY COUNCIL ABSENT: None. STAFF PRESENT: City Manager Billy Campbell, Assistant City Manager Shana Yelverton, Assistant to the City Manager John Eaglen, Library Administrator Kerry McGeath, Executive Secretary Kim Bush, Manager of Technical Services Gary Gregg, Director of Community Services Malcolm Jackson, Deputy Director of Community Services Steve Polasek, Director of Economic Development Greg Last, Economic Development Specialist Stefanie Wagoner, Director of Finance Sharen Elam, Director of Human Resources Kevin Hugman, Director of Planning Bruce Payne, Senior Planner Dennis Killough, Director of Public Safety Rick Black, Chief of Fire Services Robert Finn, Director of Public Works Pedram Farahnak, Deputy Director of Public Works Charlie Thomas, Deputy City Secretary Tara Brooks, City Attorney E. Allen Taylor, and City Secretary Lori Farwell. WORK SESSION: The work session was called to order by Mayor Wambsganss at 5:29 p.m. City Council reviewed the agenda items with city staff and applicants. Agenda items lOA and lOB were added to the consent agenda. The work session ended at 6:07 p.m. REGULAR SESSION: Agenda Item No.1. Call to order: The regular session was called to order by Mayor Wambsganss at 6:07 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 418.106(d) & (e), local meetings to discuss emergency management plans regarding pipeline safety. City Council adjourned for Executive Session at 6:07 p.m. Executive Session began at 6:39 p.m. and ended at 7:18 p.m. REGULAR CITY COUNCIL MEETING MINUTES, JUNE 15, 2004 Page 10[6 - I I. I I I I I I I I. I I I I I I I I. I ".' Agenda Item No. 2B. Reconvene: Mayor Wambsganss reconvened the regular meeting at 7:19 p.m. The Mayor asked ifthere 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. The Mayor announced that the July 6 Council meeting has been rescheduled to July 13. Councilmember Morris recognized Library Administrator McGeath and thanked him and the Library staff for their work in the Library. Agenda Item No. 4B. City Manager's Ret>ort: City Manager Campbell recognized Fire Chief Finn and a member of the Fire Accreditation Team, Tom Wyzorick, who is currently reviewing the Fire Department for accreditation purposes. Economic Development Director Last updated Council on the Project Prioritization Process that will take place at the June Retreat on June 17 and 18. 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 June 1. 2004. regular City Council meeting. Council approved the minutes as presented. Agenda Item No. 5B. Approve a Professional Services Agreement with Freese and Nichols. Inc.. for inyentorying all residential water meters. using the Global Positioning Satellite system. The City Manager presented this item 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. The Mayor presented this item during the work session. Council excused the absence of P&Z Commissioner Ron Kulpinski on June 3, 2004. Agenda Item No. lOB. Consider SP04-107. Variance to Sign Ordinance No. 704- B. Nicole Day Spa. located at 1101 East State Highway 114. Suite 110. Senior Planner Killough presented this item to Council during the work session. Motion was made to approve consent agenda Items #5A; 5B; lOA excusing the absence ofP&Z Commissioner Ron Kulpinski on June 3, 2004; and lOB. Motion: Jones Second: Shankland Ayes: Jones, Morris, Muzyka, Potter, Shankland, Terrell, Wambsganss Nays: None Approved: 7-0 REGULAR CITY COUNCIL MEETING MINUTES, JUNE 15, 2004 Page 2 of6 - I I. I I I I I I I I. I I I I I I I Ie I _M,",', REGULAR AGENDA: Agenda Item No.6. Public Forum. Greg Standerfer, 201 Sheffield Court, Southlake, Texas, spoke to Council about Board appointments. Agenda Item No. 7A. Ordinance No. 867. 2nd Reading. Changing the street name of Pin Oak Circle to Tuscan Ridge Circle. Senior Planner Killough presented this item to Council. Applicant David McMahan was present to answer questions from Council. In accordance with Section 4.21 of the City Charter, the caption for this term is listed as follows: AN ORDINANCE CHANGING THE NAME OF ONE STREETS LOCATED WITHIN THE CITY PRESENTLY KNOWN AS "PIN OAK CIRCLE", EAST OF RANDOL MILL AVENUE, NORTH OF SLEEPY HOLLOW AND SOUTH OF REGAL OAKS DRIVE TO "TUSCAN RIDGE CIRCLE", FURTHER DESCRIBED IN EXHffilT "A"; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING FOR THE REPEAL OF INCONSISTENT ORDINANCES. No one spoke during the public hearing. Motion was made to approve Ordinance No. 867, 2nd Reading, changing the street name of Pin Oak Circle to Tuscan Ridge Circle. Motion: Jones Second: Terrell Ayes: Jones, Morris, Muzyka, Potter, Shankland, Terrell, Wambsganss Nays: None Approved: 7-0 Agenda Item No. 7B. Ordinance No. 480-439. 2nd Reading (ZA04-021) Zoning Change and Concevt Plan for orooosed Lots 1. 2R1. 3. 4. and 5. Block 5. Cornerstone Business Park located on the east side of the 300 through 500 blocks of South Nolen Drive. Current Zoning: S-P-2 General Site Plan District and AG Agricultural District. ReQuested Zoning: S-P-2 General Site Plan District with C-2 Local Retail Commercial District and 1-1 Light Industrial District uses. SPIN Neighborhood #7. Senior Planner Killough presented this item to Council. Applicant Max Kruegler, 708 Nettleton Drive, Southlake, Texas, answered questions from Council. 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 TRACKS llEl & IIF, SITUATED IN THE THOMAS EASTER SURVEY, ABSTRACT NO. 474 AND LOTS 1, 2Rl, 3, 4, AND 5, BLOCK 5, CORNERSTONE BUSINESS PARK; AND BEING APPROXIMATELY 11.572 REGULAR CITY COUNCIL MEETING MINUTES, JUNE 15, 2004 Page 3 of6 - I I. I I I I I I I Ie I I I I I I I I- I ~M~ ACRES, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHilllT "A" FROM "AG" AGRICULTURAL DISTRICT AND "S-P-2" GENERALIZED SITE PLAN DISTRICT TO "S-P-2" GENERALIZED SITE PLAN DISTRICT WITH "C-2" LOCAL RETAIL COMMERCIAL USES AND "I-I" LIGHT INDUSTRIAL DISTRICT USES TO INCLUDE HEALTH AND PHYSICAL FITNESS CENTERS AND GYMNASIUMS, AS DEPICTED ON THE APPROVED CONCEPT PLAN ATTACHED HERETO AND INCORPORATED HEREIN AS EXHilllT "B", 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. 480-439, 2nd Reading, (ZA04-02I) Zoning Change and Concept Plan for proposed Lots 1, 2RI, 3, 4, and 5, Block 5, Cornerstone Business Park, as approved on 1 st Reading. Motion: Jones Second: Muzyka Ayes: Jones, Morris, Muzyka, Potter, Shankland, Terrell, Wambsganss Nays: None Approved: 7-0 Agenda Item No. 7C. Resolution No. 04-039 (ZA04-027) Specific Use Permit for Southlake Boarding Facilitv to allow a kennel. The ~roDertv is located on the south side of the 2200 block of East Continental Boulevard. Current Zoning: 1-1 Light Industrial District. SPIN Neighborhood #7. Senior Planner Killough presented this item to Council. Applicant Dave Shackelford, 1400 Vino Roso Court, Southlake, Texas, answered questions from Council. 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 KENNELS ON PROPERTY WITHIN THE CITY OF SOUTHLAKE, TEXAS, BEING LEGALLY DESCRIBED AS THE WESTERN PORTION OF TRACT 3, GREEN MEADOW SUBDIVISION, MORE FULLY AND COMPLETELY DESCRIBED IN EXHilllT "A", AND AS DEPICTED ON THE APPROVED CONCEPT PLAN ATTACHED HERETO AND INCORPORATED HEREIN AS EXHilllT "B" AND PROVIDING AN EFFECTIVE DATE. REGULAR CITY COUNCIL MEETING MINUTES, JUNE 15, 2004 Page 4 0[6 I I. I I I I I I I I. I I I I I I I I. I No one spoke during the public hearing. Motion was made to approve Resolution No. 04-039 (ZA04-027) Specific Use Permit for Southlake Boarding Facility to allow a kennel subject to Revised Concept Plan Review Summary No.2, dated June 9, 2004. Motion: Shankland Second: Potter Ayes: Jones, Morris, Muzyka, Potter, Shankland, Terrell, Wambsganss Nays: None Approved: 7-0 Agenda Item No. 8A. Ordinance No. 480-440. 1 st Reading (ZA04-034) Zoning Change and Site Plan for Lot 1. Block 1. Pecan Creek. located at 721 East Southlake Boulevard. Current Zoning: C-2 Local Retail Commercial District. ReQuested Zoning: S-P-I Detailed Site Plan District. SPIN Neighborhood #ge. Senior Planner Killough presented this item to Council. Motion was made to approve Ordinance No. 480-440, 1 st Reading (ZA04-034) Zoning Change and Site Plan for Lot 1, Block 1, Pecan Creek, as approved by the Planning and Zoning Commission and including the staff comments in the staff report. Motion: Potter Second: Shankland Ayes: Jones, Morris, Muzyka, Potter, Shankland, Terrell, Wambsganss Nays: None Approved: 7-0 Agenda Item No. IOC. Consider SP04-I09. Variance to Sign Ordinance No. 704-B. Steak Nt Shake. located at 2640 East Southlake Boulevard. Senior Planner Killough presented this item to Council. Applicant Chuck Dubach owner of PIano Signs at 1200 Summit Avenue, PIano, Texas, answered Council's questions during the work session and during regular session. Motion was made to deny SP04-109, variance to Sign Ordinance No. 704-B, Steak N' Shake, located at 2640 East Southlake Boulevard. Motion: Potter Second: Muzyka Ayes: Jones, Morris, Muzyka, Potter, Shankland, Terrell, Wambsganss Nays: None Vote: 7-0 (to deny) Agenda Item No. llA. Regulation of donation bins. David Boyer, ATRS, 4515 South Pinemont Boulevard, Suite 216, Houston, Texas, discussed this item with Council during the work session. Mayor Pro Tern Potter announced his resignation from Council. He will be moving to Fort Worth on June 28. He thanked the Council and staff for their support over the years. REGULAR CITY COUNCIL MEETING MINUTES, JUNE 15, 2004 Page 5 of6 - I I. I I I I I I I Ie I I I I I I -I (' I . . Agenda Item No. 12. Meeting adiourned. Mayor Wambsganss adjourned the meeting at 8:24 p.m. * An audio recording of this meeting will be permanently retained in the City Secretary's Office. ATTEST: ~l)~ Lori A. FatWell, TRMC City Secretary ~~ f AndyWambsganss Mayor "",......,,, ..........' OUTH.~""'<< ~..!c c:t......~~<< $0..- \ ~~.. ... or, ::,.... * ..4 ~ ~C31 :~5 S .\ IS: ~ IflJll -:... .. ~ ~" ............. ~~ " ,'" "1, **. ",.. '",......"",.. REGULAR CITY COUNCIL MEETING MINUTES, JUNE 15, 2004 Page 60[6