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2004-07-13 I I. I I I I I I I Ie I I I I I I I . I I CITY OF SOUTHLAKE OFFICIAL RECORD REGULAR CITY COUNCIL MEETING MINUTES: JULY 13.2004 LOCATION: 1400 Main Street, Southlake, Texas Council Chambers in Town Hall CITY COUNCIL PRESENT: Mayor Andy Wambsganss, Mayor Pro Tern Keith Shankland, Deputy Mayor Pro Tern Carolyn Morris and Councilmembers Gregory Jones, Virginia M. 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, Information Systems Technician Slaven Manning, Information Systems 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, Economic Development Specialist Stefanie Wagoner, Director of Finance Sharen Elam, Manager of Courts and Utility Billing Sean Leonard, Director of Human Resources Kevin Hugman, Director of Planning Bruce Payne, Senior Planner Dennis Killough, Senior Planner Ken Baker, Senior Planner Director of Public Safety Rick Black, Fire Marshal David Bames, Chief of Administration Garland Wilson, Chief Building Official Paul Ward, Plans Examiner Chuck Bloomberg, Director of Public Works Pedram Farahnak, Deputy Director of Public Works Charlie Thomas, Graduate Engineer Angela Turner, Construction Manager Clayton Redinger, 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 5:35 p.m. City Council reviewed the agenda items with city staff and applicants. Agenda items 8A, 8B, 8C, 8D, 8E, 8F, 8G, 8H, 81, lOA, lOB, IOC, IOD, 10E, IOF, and lOG were added to the consent agenda. The work session ended at 6:24 p.m. REGULAR SESSION: Agenda Item No.1. Call to order: The regular session was called to order by Mayor Wambsganss at 6:24 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; and Section 551.072, deliberation regarding real property. City Council adjourned for Executive Session at 6:24 p.m. Executive Session began at 6:40 p.m. and ended at 7:40 p.m. REGULAR CITY COUNCIL MEETING MINUTES, JULY 13, 2004 Page 1 of7 I I. I I I I I I I I. I I I I I I I I- I Agenda Item No. 2B. ~econvene: Mayor Wambsganss reconvened the regular meeting at 7:41 p.m. and asked ifthere was any action necessary as a result of the executive session. Motion was made to continue to recognize the authority of the City Manager to take whatever action necessary in moving forward with Hanson Aggregate. Motion: Shankland Second: Jones Ayes: Jones, Morris, Muzyka, Shankland, Terrell, Wambsganss Nays: None Approved: 6-0 Agenda Item No.3. I:p.vocation: The invocation was given by Leann Lewis from Met Church. Mayor Wambsganss led the audience in the Pledge of Allegiance. Agenda Item No. 4A. Mayor's Ret'ort: Mayor Wambsganss announced upcommg meetings and events. Agenda Item No. 4B. City Manager's Report: City Manager Campbell announced Director of Planning Payne's resignation with the City of South lake. He stated that Senior Planner Ken Baker was appointed Interim Director of Planning. Agenda Item No. 4C. SPIN Report: A written report was given to Council. Agenda Item No. 4D. Library Board Report: A written report was given to Council. Agenda Item No. 4E. Park and Recreation Board Report: Boardmember Elaine Cox reported on upcoming park meetings and events. Agenda Item No. 4F. Local Business Report: Director Last introduced Jim Morgan with Drexel Heritage and Jeff Grange with The Melting Pot who gave Council a brief introduction to his business. CONSENT AGEND~..:. 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. SA. Approve minutes for the June 15. 2004. regular City Council meeting: for the June J 7 and June 18.2004. June Retreat with City Council: and for the June 30. 2004. special City Council meeting. Council approved the minutes as presented. Agenda Item No. 5B. ,ZA04-033. Plat Revision for Lot 8R. Block 6. Southlake Woods Phase 2: being a revision of Lot 8. Block 6. Southlake Woods Phase 2. The nroperty is located at 1715 Weeping Willow Way. Current Zoning: SF-IA Single Family Residential District. SPIN Neighborhood #16. Senior Planner Killough presented this item to Council during the work session. Approval was subject to Plat Review Summary No.2, dated June 11, 2004. REGULAR CITY COUNCIL MEETING MINUTES, JULY 13, 2004 Page 2 of7 I I. I I I I I I I Ie I I I I I I I I. I Agenda Item No. 5C. Authorize the Mayor to execute a commercial develooer's agreement for Chaoel Hill Office Park Addition. a 4.24 acre site located at 205 East Southlake Boulevard. Deputy Director Thomas presented this item to Council during the work session. Agenda Item No. 5D. Aoorove aooointment of Slaven L. Manning as a Police Reserve Officer. Director Black presented this item to Council during the work session. Agenda Item No. 8A. Ordinance No. 868. 1st Reading. Adol'tion of the 2003 International Building Code. Chief Wilson presented this item to Council during the work session. Agenda Item No. 8B. Ordinance No. 869. 1st Reading. Adootion of the 2003 International Energy Conservation Code. Chief Wilson presented this item to Council during the work seSSIOn. Agenda Item No. 8C. Ordinance No. 870. 1st Reading. Adootion of the 2003 International Fire Code. Chief Wilson presented this item to Council during the work session. Agenda Item No. 8D. Ordinance No. 871. 1st Reading. Adoption of the 2003 International Fuel Gas Code. Chief Wilson presented this item to Council during the work session. Agenda Item No. 8E. Ordinance No. 872. 1st Reading. Adoption of the 2003 International Mechanical Code. Chief Wilson presented this item to Council during the work session. Agenda Item No. 8F. Ordinance No. 873. 1st Reading. Adootion of the 2003 International Plumbing Code. Chief Wilson presented this item to Council during the work session. Agenda Item No. 8G. Ordinance No. 874. 1st Reading. Adootion of the 2003 International Residential Code. Chief Wilson presented this item to Council during the work session. Agenda Item No. 8H. Ordinance No. 875. 1st Reading. Adoption of the 2002 National Electrical Code. Chief Wilson presented this item to Council during the work session. Agenda Item No.8!. Ordinance No. 876. 1st Reading. Adootion of the Prooertv Maintenance Code. Chief Wilson presented this item to Council during the work session. Agenda Item No. lOA. Consider excusing members of the City Council and the Plannin~ and Zoning Commission for absences from meetings. Mayor Wambsganss presented this item to Council during the work session. Council excused the absences of P&Z Commissioner Ron Kulpinski on June 17,2004, and P&Z Commissioner Mike Springer on June 17,2004. A~enda Item No. lOB. Consider SP04-127. Variance to Sign Ordinance No. 704-B. Roly Poly Rolled Sandwiches. located at 2787 East Southlake Boulevard. Suite 110. Senior Planner Killough presented this item to Council during the work session. Applicant Sara REGULAR CITY COUNCIL MEETING MINUTES, JULY 13, 2004 Page 3 0[7 I I. I I I I I I I Ie I I I I I I I I. I Davis, 2787 East Southlake Boulevard, Suite 110, Southlake, Texas, answered Council's questions. Agenda Item No. 10C. Approval of 2004 Facilities Utilization Agreement with Southlake Baseball Association (SBA). Director Jackson presented this item to Council during the work session. Agenda Item No. 10D. Approval of 2004 Facilities Utilization Agreement with Southlake Girls Softball Association (SGSA). Director Jackson presented this item to Council during the work session. Agenda Item No. 10E. Approval of Facilities Utilization Agreement with Grapevine- Southlake Soccer Association (GSSA). Director Jackson presented this item to Council during the work session. Agenda Item No. 10F. Approval of 2004 Facilities Utilization Agreement with Southlake Carroll Lacrosse Association (SCLA). Director Jackson presented this item to Council during the work session. Kelli Riley, 1374 Woodbrook Lane, Southlake, Texas, made a short presentation to Council on the SCLA program. Lacrosse players Heather Thompson, Camp Thompson, and Luke Riley who thanked Council for their support. Agenda Item No. lOG. Approval to enter into a lease agreement for grazing on undeveloped City property. Director Jackson presented this item to Council during the work session. Motion was made to approve consent agenda items #5A; 5B subject to Plat Review Summary No.2, dated June 11, 2004; 5C; 5D; 8A; 8B; 8C; 8D; 8E; 8F; 8G; 8H; 81; lOA; lOB; 10C; 10D; 10E; 10F; and lOG. Motion: Terrell Second: Muzyka Ayes: Jones, Morris, Muzyka, Shankland, Terrell, Wambsganss Nays: None Approved: 6-0 Councilmember Jones left the meeting at 8:06 p.m. REGULAR AGENDA: Agenda Item No.6. Public Forum. Hal Sauls, 115 Meadow Run, Coppell, Texas, spoke to Council regarding a traffic stop on November 20, 2003. He addressed a recent letter he received from Director Black. REGULAR CITY COUNCIL MEETING MINUTES, JULY 13, 2004 Page 4 017 I I. I I I I I I I I- I I I I I I I I. I Pamela Muller, 214 Westwood Drive, Southlake, Texas, spoke to Council regarding her recent application to serve on the Planning and Zoning Commission. Agenda Item No.7 A. Ordinance No. 480-440. 2nd 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. Reauested Zoning: S-P-l Detailed Site Plan District. SPIN Neighborhood #ge. Senior Planner Killough presented this item to Council. Applicant Greg Wileman, 608 Silver Spur, Southlake, Texas, answered Council's questions. 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 LOT 1, BLOCK 1, PECAN CREEK; AND BEING APPROXIMATELY 1.744 ACRES, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHffiIT "A" FROM "C-2" LOCAL RETAIL COMMERCIAL DISTRICT TO "S-P-l" DETAILED SITE PLAN DISTRICT WITH "C-2" LOCAL RETAIL COMMERCIAL DISTRICT USES TO INCLUDE TAVERNS, CLUBS, AND OTHER COMPARABLE ESTABLISHMENTS ONLY WITH THE APPROVAL OF A SPECIFIC USE PERMIT, AS DEPICTED ON THE APPROVED SITE PLAN ATTACHED HERETO AND INCORPORATED HEREIN AS EXHffiIT "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. 480-440, 2nd Reading (ZA04-034) subject to Staff Report dated July 7,2004. Motion: Shankland Second: Terrell Ayes: Morris, Muzyka, Shankland, Terrell, Wambsganss Nays: None Approved: 5-0 Agenda Item No. 7B. Resolution No. 04-052 (ZA04-035) S"ecific Use Permit for Far Pointe Wine Bar & Bistro to allow a tavern. club. and other com"arable establishment REGULAR CITY COUNCIL MEETING MINUTES, JULY 13, 2004 Page 5 of7 I I. I I I I I I I I- I I I I I I I I. I under which the on-premise consumption of alcohol is permitted. The property is located at 721 East Southlake Boulevard. Current Zoning: C-2 Local Retail Commercial District. Prol>osed Zoning: S-P-l Detailed Site Plan District. SPIN Neighborhood #ge. Senior Planner Killough presented this item to Council. Applicant Greg Wileman, 608 Silver Spur, Southlake, Texas, 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 TAVERN, BAR OR SIMILAR ESTABLISHMENT ON PROPERTY WITHIN THE CITY OF SOUTHLAKE, TEXAS, LOCATED AT 721 EAST SOUTHLAKE BOULEVARD, BEING LEGALLY DESCRIBED AS A PORTION LOT 1, BLOCK 1, PECAN CREEK, 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. 04-052 (ZA04-035) for the term of the lease. Motion: Second: Ayes: Nays: Approved: Terrell Muzyka Morris, Muzyka, Shankland, Terrell, Wambsganss None 5-0 Agenda Item No. 7C. Resolution No. 04-053 (ZA04-036) Specific Use Permit for the sale of alcoholic beverages at Shogun Sushi. Inc.. located at 2970 East Southlake Boulevard. Current Zoning: S-P-2 General Site Plan District. SPIN Neighborhood #7. Senior Planner Killough presented this item to Council. Applicant Stephen Lee, 2970 East Southlake Boulevard, Southlake, Texas, 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 THE SALE OF ALCOHOLIC BEVERAGES ON PROPERTY WITHIN THE CITY OF SOUTHLAKE, TEXAS, LOCATED AT 2970 EAST SOUTHLAKE BOULEVARD, BEING LEGALLY DESCRIBED AS A PORTION LOT 3, BLOCK 1, GATEWAY PLAZA ADDITION, 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. REGULAR CITY COUNCIL MEETING MINUTES, JULY 13, 2004 Page 6017 I I. I I I I I I I Ie I I I I I I I Ie I Motion was made to approve Resolution No. 04-053 (ZA04-036) for the term of the lease. Motion: Second: Ayes: Nays: Approved: Terrell Morris Morris, Muzyka, Shankland, Terrell, Wambsganss None 5-0 Agenda Item No. 9A. Resolution No. 04-054. Appoint a member to the Zoning Board of Adiustment to fill the unexnired term of Al Morin. Alternate 1. until Mav 2005. Motion was made to approve Resolution No. 04-054, Appointing Robert Hudson to fill the unexpired term of Alternate 1 until May 2005. Motion: Terrell Second: Morris Ayes: Morris, Muzyka, Shankland, Terrell, Wambsganss Nays: None Approved: 5-0 Agenda Item No. 12. Meeting adiourned. Mayor Wambsganss adjourned the meeting at 8:26 p.m. * An audio recording of this meeting will be permanently retained in the City Secretary's Office. - /~ ----;-) ~dY Wambsganss Mayor ,",......"., "~"~I' oU TH~'!',," ........ ~ ~ ........~~...~ $' 0..- ".,:- ~ L ~€t:1 * \~~ ,() \0\. ):} ";. ..... Lori A. Farwell, TRMC ".... ............. ..J' . ........, *** ",.. CIty Secretary 11"",,,",,,,,, ATTEST: REGULAR CITY COUNCIL MEETING MINUTES, JULY 13, 2004 Page 70[7