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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