2004-08-17
I
I.
I
I
I
I
I
I
I
Ie
I
I
II
I
I
I
I
Ie
I
OFFICIAL RECORD
CITY OF SOUTHLAKE
REGULAR CITY COUNCIL MEETING MINUTES: AUGUST 17.2004
LOCATION:
1400 Main Street, Southlake, Texas
Council Chambers in Town Hall
CITY COUNCIL PRESENT: Mayor Andy Wambsganss, Mayor Pro Tern Keith
Shankland and Deputy Mayor Pro Tern Carolyn Morris; and Councilmembers Gregory
Jones (arrived at 5:55 p.rn.), Virginia M. Muzyka, and John Terrell.
CITY COUNCIL ABSENT: None.
STAFF PRESENT: City Manager Billy Campbell, Assistant City Manager Shana
Yelverton, Executive Secretary Kim Bush, Manager of Technical Services Gary Gregg,
Audio Visual Systems Technician Pam Jordan, 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, Interim Director of Planning Ken Baker, Senior Planner
Dennis Killough, Director of Public Safety Rick Black, Chief of Fire Services Robert
Finn, Chief of Police Marlin Price, Firefighter Jeremy Blackwell, Firefighter Kenny
Vernon, Firefighter Tony Peyton, Firefighter Jason Maloney, Fire Engineer Marshall
Urbano sky, Corporal Alan Wood, Public Safety Officer Jason Henninger, Director of
Public Works Pedram Farahnak, Deputy Director of Public Works Charlie Thomas,
Construction Manager Clayton Redinger, City Attorney E. Allen Taylor, Deputy City
Secretary Tara Brooks, and City Secretary Lori Farwell.
WORK SESSION: The work session was called to order by Mayor Wambsganss at 5:38
p.m.
City Council reviewed the agenda items with city staff and applicants. The following
items were added to the consent agenda: 7B to table to the September 7, 2004, City
Council meeting; 7C; 8D to withdraw; 9A appointing Susan Ansley; (9B was added later
to appoint Craig Sturtevant, Bob Mundlin, and Stuart Spencer); lOA excusing the
absences of Councilmember John Terrell, and Planning and Zoning Commissioners
Debra Edmondson, Al Morin, and Bill Vaughn; and lOB.
Mayor Wambsganss took Item No. 4D out of order.
Agenda Item No. 4D. Life Saving Award. During the work session Mayor Wambsganss
and Director Black presented Life Saving Awards to U.S. Congressman Michael Burgess,
Councilmember John Terrell, Firefighter Jeremy Blackwell, Firefighter Kenny Vernon,
Firefighter Tony Peyton, Firefighter Jason Maloney, Fire Engineer Marshall Urbanosky,
Corporal Alan Wood, and Public Safety Officer Jason Henninger for saving the life of
Southlake resident Timothy Ryan on July 24, 2004.
REGULAR CITY COUNCIL MEETING MINUTES, AUGUST 17, 2004
Page 1 of7
I
I.
I
I
'I
I
I
I
I
I.
I
I
I
I
I
I
I
I-
I
The work session ended at 6:14 p.m.
REGULAR SESSION:
Agenda Item No.1. Call to order. The regular session was called to order by Mayor
Wambsganss at 6:14 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; and Section 551.087, deliberation regarding economic development
negotiations. City Council adjourned for Executive Session at 6: 14 p.m. Executive
Session began at 6:31 p.m. and ended at 6:44 p.m.
Agenda Item No. 2B. Reconvene. Mayor Wambsganss reconvened the regular meeting at
7:01 p.m. The Mayor asked ifthere was any action necessary as a result of the Executive
Session.
Motion was made to approve the purchase of the property discussed in Executive Session
and to authorize the City Manager to enter into a contract under the terms as discussed in
the Executive Session.
Motion: Jones
Second: Shankland
Ayes: Jones, Morris, Muzyka, Shankland, Terrell, Wambsganss
Nays: None
Approved: 6-0
Agenda Item No.3. Invocation. The invocation was given by Mayor Pro Tern Shankland.
Mayor Wambsganss led the audience in the Pledge of Allegiance.
Agenda Item No. 4A. Mayor's Re,port. Mayor Wambsganss announced upcoming
meetings and events. The Mayor introduced Director Last who introduced local business
owner, Sandy Thinleison of Johnny B's. Mrs. Thinleison introduced her business to
Council. Deputy Mayor Pro Tern Morris announced that she is Chairing an upcoming
walk on September 25 to benefit the Polycystic Kidney Disease Foundation. The walk
will start at 8:00 a.m. in Southlake Town Square.
Agenda Item No. 4B. City Manager's Report. None.
Agenda Item No. 4C. Financial Reoort. A written report was provided to Council.
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. Aoorove minutes for the August 3. 2004. regular City Council
meeting. Approved as presented.
REGULAR CITY COUNCIL MEETING MINUTES, AUGUST 17, 2004
Page 2 of7
I
I
.
I
I
I
I
I
I
I
I
I.
I
I
!I
I
I
I
I
.e
I
Agenda Item No. 7B. Ordinance No. 480-YY. 2nd Reading. An amendment to the
Comprehensive Zonin{!: Ordinance No. 480. Section 4. DefInitions and Section 45.
SpecifIc Use Permits. as amended. "ertaining to petroleum operations. oil & natural gas
drilling and production. This item was tabled to the September 7, 2004, City Council
meeting.
Agenda Item No. 7C. Resolution No. 04-062. Establishing a 120 Day Moratorium on all
ap,plications for Gas and/or Oil Well Drilling and Production. Interim Director Baker
presented this item to Council during the work session.
A2enda Item No. 8D. Ordinance No. 480-441. 1st Reading (ZA04-029t Zonin{!: Change
and Site Plan for Lot lR. Block 1. Gateway Church Addition located at 2121 East
Southlake Boulevard. Current Zonin2: CS Community Service District. Requested
Zonin2: S-P-l Detailed Site Plan District. SPIN Neighborhood #8. This item as been
withdrawn by the applicant.
Agenda Item No. 9A. Resolution No. 04-055. Appoint a member to the Joint Drug and
Alcohol Awareness Committee to fIll the unexpired term of Brad Bartholomew until May
2005. Council discussed this item during the work session and agreed to appoint Susan
Ansley to fIll the unexpired term. 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, APPOINTING A REPRESENTATIVE FROM THE COMMUNlTY-AT-
LARGE TO THE JOINT DRUG AND ALCOHOL AWARENESS COMMITTEE TO
FILL THE UNEXPIRED TERM OF BRAD BARTHOLOMEW; AND PROVIDING
AN EFFECTIVE DATE.
Agenda Item No. 9B. Resolution No. 04-061. Appoint members to the Crime Control and
Prevention District Board of Directors. Council discussed this item during the work
session and agreed to appoint Craig Sturtevant, Bob Mundlin, and Stuart Spencer. 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, APPOINTING PERSONS TO SERVE AS THE BOARD OF DIRECTORS
FOR THE SOUTHLAKE CRIME CONTROL AND PREVENTION DISTRICT; AND
PROVIDING AN EFFECTIVE DATE.
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 excused the absences of
Councilmember Terrell from the August 3, 2004, City Council meeting; and Planning
and Zoning Commissioners Debra Edmondson, Al Morin, and Bill Vaughn from the
August 5, 2004, Planning and Zoning Commission meeting.
REGULAR CITY COUNCIL MEETING MINUTES, AUGUST 17, 2004
Page 3 of7
I
I.
I
I
I
I
I
I
I
Ie
I
I
I
I
I
I
I
Ie
I
Al!enda Item No. lOB. Ap,prove renewal of contract with Canada Life/Jefferson Pilot for
employee Lonl! Term Disability benefits. Director Hugman presented this item to
Council during the work session.
Motion was made to approve consent agenda Item No. SA; 7B to table to September 7,
2004; 7C; 8D to withdraw; 9A to appoint Susan Ansley; 9B to appoint Bob Mundlin,
Stuart Spencer, and Craig Sturtevant; lOA; and lOB.
Motion: Shankland
Second: Jones
Ayes: Jones, Morris, Muzyka, Shankland, Terrell, Wambsganss
Nays: None
Approved: 6-0
REGULAR AGENDA:
Agenda Item No.6. Public Forum. No one spoke.
Agenda Item No. 7A. Ordinance No. 877. 2nd Readinl!. Changing the street name of Sam
School Road to Sams School Road. Senior Planner Killough 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 CHANGING THE NAME OF ONE STREETS LOCATED WITHIN
THE CITY PRESENTLY KNOWN AS "SAM SCHOOL ROAD", LOCATED WEST
OF STATE HIGHWAY 114 EXTENDING FROM WEST DOVE STREET TO A
NORTHERN BOUNDARY OF THE CITY OF SOUTHLAKE CITY LIMITS AND A
SOUTHERN BOUNDARY OF THE TOWN OF WESTLAKE TOWN LIMITS TO
"SAMS SCHOOL ROAD", FURTHER DESCRIBED IN EXHIBIT "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. 877, 2nd Reading, Changing the street name
of Sam School Road to Sams School Road.
Motion: Jones
Second: Terrell
Ayes: Jones, Morris, Muzyka, Shankland, Terrell, Wambsganss
Nays: None
Approved: 6-0
Agenda Item No. 8A. Ordinance No~ 480-443. 1st Reading (ZA04-026). Zoning Change
and Site Plan for Carroll Terrace located at 600 North Carroll Avenue. Current Zoning:
0-1 Office District. Requested Zoning: S-P-l Detailed Site Plan District. SPIN
REGULAR CITY COUNCIL MEETING MINUTES, AUGUST 17, 2004
Page 4 of7
I
.0
I
I
I
I
I
II
I
I
I.
I
I
I
I
I
I
I
.e
I
Nei2hborhood #10. Senior Planner Killough presented this item to Council. Applicant
John Bolton, 700 North Carroll Avenue, Southlake, answered Council's questions.
Motion was made to approve Ordinance No. 480-443, 1st Reading (ZA04-026) subject to
Site Plan Review Summary No.3, dated July 14, 2004, specifically allowing the
dumpster as shown on the drawing with metal doors and specifically allowing the
variance of the stacking depth to 28 feet.
Motion: Terrell
Second: Jones
Ayes: Jones, Morris, Muzyka, Shankland, Terrell, Wambsganss
Nays: None
Approved: 6-0
Agenda Item No. 8a. Ordinance No. 480-444. 1 st Readin2 (ZA04-039t Zoning Chan2e
and Site Plan for Cedar Ridge Offices. located on the northwest comer of State Highwav
114 and North Carroll Avenue. Current Zoning: C-3 General Commercial District.
Requested Zoning: S-P-l Detailed Site Plan District. SPIN Neighborhood #6. Senior
Planner Killough presented this item to Council. Applicant Dan Anderson, 5950
Birkshire Avenue, Dallas, answered Council's questions.
Motion was made to approve Ordinance No. 480-444, 1 st Reading (ZA04-039) subject to
Revised Site Plan Review Summary No.3, dated August 11, 2004, granting variances in
articulation for Buildings A and B; approving variance on stacking depths; Lot 6 limited
to 0-1 Office District; consider reduction of permitted uses on Lots 2 and 4; eliminating
taverns on the entire property; approving variance in the site line drawing for AC units on
tops of buildings and including the site line drawing shown tonight; relocating carport
areas shown on the applicant's map; and approving revised screening for parking area
under Building 'A'.
Motion: Terrell
Second: Shankland
Ayes: Jones, Morris, Muzyka, Shankland, Terrell, Wambsganss
Nays: None
Approved: 6-0
Agenda Item No. 8C. Ordinance No. 480-445. 1st Readin2 (ZA04-043t Zoning Chan2e
and Site Plan for Shady Oaks Office located on the northwest comer of the intersection of
West Southlake Boulevard and Shady Oaks Drive. The property address is 606 West
Southlake Boulevard. Current Zonin2: AG Agricultural District. Requested Zoning: S-P-
1 Detailed Site Plan District. SPIN Nei2hborhood #13. Senior Planner Dennis Killough
presented this item to Council. Applicant Terry Wilkinson answered Council's questions.
Diane Stacy, 1000 W. Southlake Boulevard, Southlake, recorded her opposition to this
item.
REGULAR CITY COUNCIL MEETING MINUTES, AUGUST 17, 2004
Page 50f7
I
I.
I
I
I
I
I
I
I
I.
I
I
I
I
I
I
I
Ie
I
Councilmember Terrell stated: While this plan does not meet the current Master Plan of
the City, with recent changes in our thoroughfare streets and development in the area, this
plan does meet the highest and best use at this location.
Motion was made to approve Ordinance No. 480-445, 1 st Reading (ZA04-043) subject to
Site Plan Review Summary No.3, dated July 30, 2004, granting the requested variances.
Motion: Terrell
Second: Muzyka
Ayes: Jones, Morris, Muzyka, Shankland, Terrell, Wambsganss
Nays: None
Approved: 6-0
Agenda Item No. lOCo Consider SP04-l65. Variance to Si2D. Ordinance No. 704-B. State
Farm Insurance. located at 1101 East State Highwav 114. Suite 108. Senior Planner
Killough presented this item to Council. Applicants Patty McKinney and Glenda Petkus
answered Council's questions.
Motion was made to approve SP04-0165, Variance to Sign Ordinance No. 704-B, State
Farm Insurance.
Motion: Shankland
Second: Jones
Ayes: Jones, Morris, Muzyka, Shankland, Terrell, Wambsganss
Nays: None
Approved: 6-0
Agenda Item No. 10D. Award bid for North Carroll Avenue paving. drainage. water and
sewer improvements from Federal Way to State Highway 114 to Mike Albert. Inc.
Deputy Director of Public Works Charlie Thomas presented this item to staff.
Deputy Mayor Pro Tem Morris stated that due to the past performance history with the
low bidder, staffhas recommended the award go to the second low bidder.
Motion was made to approve bid for North Carroll Avenue paving, drainage, water and
sewer improvements from Federal Way to State Highway 114 to Mike Albert, Inc.
Motion: Morris
Second: Terrell
Ayes: Jones, Morris, Muzyka, Shankland, Terrell, Wambsganss
Nays: None
Approved: 6-0
Agenda Item No. 12. Meeting adiourned. Mayor Wambsganss adjourned the meeting at
8:57 p.m.
*An audio recording of this meeting will be permanently retained in the City
Secretary's Office.
REGULAR CITY COUNCIL MEETING MINUTES, AUGUST 17, 2004
Page 6017
I' "
I.
I
I
I
I
I
I
I
Ie
I
I
I
II
I
I
'I
Ie
I
-
u~
dy Wambsganss
Mayor
k'()~
Lori A. Farwell, T C
City Secretary
",,""""',
......," SOU Tit ""'"
...... O~ ........ ~~
, . .. .,
:'\.. ..~~
~ ........- . ". --:.
.. /-.. . * \~ ..
:.....: :-'S
.. o. .~..
: : : :
~ \ : =
~ ... ..e(l.)i
-;.,.. .. ~
llf", ......... ,,~
'. *** "..
""'"""',,,,,,'
ATTEST:
REGULAR CITY COUNCIL MEETING MINUTES, AUGUST 17, 2004
Page 70f7