2004-09-21
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OffICIAl RECORD
CITY OF SOUTHLAKE
REGULAR CITY COUNCIL MEETING MINUTES: SEPTEMBER 21. 2004
LOCATION:
1400 Main Street, Southlake, Texas
Council Chambers in Town Hall
CITY COUNCIL PRESENT: Mayor Andy Wambsganss, Mayor Pro Tem Keith Shankland
and Deputy Mayor Pro Tem Carolyn Morris; and Councilmembers Laura K. Hill (arrived at
5:40 p.m.), Gregory Jones (arrived at 6:32 p.m.), 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, Library Administrator Kerry McGeath, Information Systems
Technician Sam Cobb, Audio Visual System Technician Pam Jordan, Director of Community
Services Malcolm Jackson, Deputy Director of Community Services Steve Polasek, Economic
Development Specialist Stefanie Wagoner, 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 Administration Garland Wilson, Chief
of Fire Services Robert Finn, Chief of Police Services Marlin Price, Director of Public Works
Pedram Farahnak, Deputy Director of Public Works Charlie Thomas, Assistant to the Director of
Public Works Valerie Bradley, City Attorney E. Allen Taylor, City Attorney Tim Sralla, Deputy
City Secretary Tara Brooks, and City Secretary Lori Farwell.
WORK SESSION: The work session was called to order by Mayor Wambsganss at 5:28 p.m.
City Council reviewed the agenda items with city staff and applicants. Agenda items 7D to
withdraw, 8A, 8B, lOA, 10F to table to October 5, 2004, and lOG were added to the consent
agenda. The work session ended at 6:45 p.m.
REGULAR SESSION:
Agenda Item No.1. Call to order: The regular seSSIOn was called to order by Mayor
Wambsganss at 6:45 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. City Council adjourned for Executive Session at 6:45
p.m. Executive Session began at 7:05 p.m. and ended at 7:22 p.m.
Agenda Item No. 2B. Reconvene: Mayor Wambsganss reconvened the regular meeting at 7:24
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 John Watson from Cornerstone
Bible Church. Boy Scout Troop 928 presented the colors and led the audience in the Pledge of
REGULAR CITY COUNCIL MEETING MINUTES, SEPTEMBER 21, 2004
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Allegiance. Mayor Wambsganss presented a proclamation to Scout Master Steve Salin in
recognition of his service and dedication to scouting.
Agenda Item No. 4A. Mavor's Rejlort: Mayor Wambsganss announced upcoming meetings and
events and presented a proclamation to Debbie Baynard for Family Day. The Mayor discussed
his recent trip to Toyoma, Japan, with Councilmember Terrell and his wife Joanne and
Councilmember Muzyka and her husband Kie, and residents Craig and Peggy Rothmeier and
Larry Smartan. Deputy Mayor Pro Tem Morris announced the September 25 walk to benefit the
Polycystic Kidney Disease Foundation.
Agenda Item No. 48. City Manager's Report: None.
Agenda Item No. 4C. Financial Report: A written report was included in Council's packet.
Agenda Item No. 4D. Local Business Report: Economic Development Specialist Wagoner
introduced Sally Lunsford owner of Bath Junkie, who made a presentation 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. Ap'prove minutes for the September 7.2004. regular City Council meeting.
Approved as presented.
Agenda Item No. 58. Approve renewal of contract with Mutual of Omaha for employee and
dependent basic and voluntary life insurance benefits and emt>loyee Accidental Death and
Dismemberment insurance benefits. Director Hugman presented this item to the Council during
the work session.
Agenda Item No. 5C. Authorize the Mayor to execute an Interlocal Agreement between the City
of Southlake and the City of Colleyville for GIS services. Interim Director Baker presented this
item to the Council during the work session.
Agenda Item No. 5D. Authorize the Mayor to enter into an Interlocal Agreement between the
City of Fort Worth and the City of Southlake for participation in Fort Worth's Environmental
Collection Center and Household Waste Program. Director Black presented this item to the
Council during the work session.
Agenda Item No. 5E. Authorize the City Manager to enter into an agreement for the purchase of
park property. This item was tabled to the October 5, 2004, City Council meeting.
Agenda Item No. 7D. ZA04-058. Site Plan for Don Davis Investments. located in North Davis
Business Park at 2105 Greenbriar. Current Zoning: 1-1 Light Industrial District. SPIN
Neighborhood #16. The applicant requested to withdraw this item.
Agenda Item No. 8A. Ordinance No. 880. 1st Reading. Amendment to Chapter 9.5 - Environment
of the Sou/hlake City Code to add Article IV "Gas and Oil Well Permits." Interim Director Baker
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presented this item to Council during the work session. Consultant Larry Hulsey made a brief
presentation and answered Council's questions.
Agenda Item No. 8B. Ordinance No. 881. 1st ReadinlJ:. Amendment to Section 12-78 of Article
III. Park and Recreation Board MeetinlZs and bv-laws. of Chapter 12 of the South/alee City Code:
providing for revision to election of officers. Director Jackson presented this item to Council
during the work session.
Agenda Item No. lOA. Consider excusing members of the City Council and of the PlanninlZ and
Zoning Commission for absences from meetings. City Council excused the absence of Al Morin
from the September 9, 2004, Planning and Zoning Commission meeting.
Agenda Item No. IOF. Consider SP04-212. Amendment to Conditional Sim Permit for Gateway
Plaza Phase II. located at East Southlak.e Boulevard and North Nolen Drive. Senior Planner
Killough presented this item to the Council during the work session. Applicants Terry Wilkinson
and Mike Barnett, 4216 Amhurst, Dallas, answered Council's questions during the work session.
The applicant requested to table this item to the October 5, 2004, City Council meeting.
AlZenda Item No. lOG. Consider SP04-213. Amendment to Conditional Sign Permit for
Southlak.e Comers (Colonial Bank), located at the 200 block of North Kimball Avenue. Senior
Planner Killough presented this item to the Council during the work session.
Motion was made to approve consent agenda items 5A; 5B; 5C; 5D; 5E to table to October 5,
2004; 7D to withdraw; 8A; 8B; lOA; IOF to table to October 5, 2004; and lOG.
Motion: Muzyka
Second: Shankland
Ayes: Jones, Hill, Morris, Muzyka, Shankland, Terrell, Wambsganss
Nays: None
Approved: 7-0
REGULAR AGENDA:
AlZenda Item No.6. Public Forum. Matt Tuggey, 1361 Cross Timber, Southlak.e, thanked staff
members for their commitment to the timely opening of Bob Jones Park.
Agenda Item No. 7A. Ordinance No. 878. 2nd Reading. Annual BudlZet for FY 2004-05 and
revised budlZet filZUfes for FY 2003-04 and multi-year CIP. City Manager Campbell, Assistant
City Manager Yelverton, and Director Elam 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 OF THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS,
APPROVING REVISED BUDGET FIGURES FOR FISCAL YEAR 2003-04; APPROVING
AND ADOPTING THE BUDGET FOR THE FISCAL YEAR BEGINNING OCTOBER 1,
2004, AND TERMINATING SEPTEMBER 30, 2005, AND MAKING APPROPRIA nONS
FOR EACH DEPARTMENT, PROJECT AND ACCOUNT; REPEALING CONFLICTING
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ORDINANCES; PROVIDING A SAVINGS AND SEVERABILITY CLAUSE; AND
DECLARING AN EFFECTIVE DATE.
No one spoke during the public hearing.
Motion was made to approve Ordinance No. 878, 2nd Reading, Annual Budget for FY 2004-05
and revised budget figures for FY 2003-04 and multi-year CIP.
Motion: Jones
Second: Shankland
Ayes: Jones, Hill, Morris, Muzyka, Shankland, Terrell, Wambsganss
Nays: None
Approved: 7-0
Agenda Item No. 7B. Ordinance No. 879. 2nd Reading. Tax Levy Ordinance. Director Elam
presented this item to Council. In accordance with Section 4.21 of the City Charter, the caption
for this item is listed as follows:
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS,
FIXING AND LEVYING MUNICIPAL AD VALOREM TAXES FOR THE FISCAL YEAR
BEGINNING OCTOBER 1, 2004 AND ENDING SEPTEMBER 30,2005, AND FOR EACH
YEAR THEREAFTER UNTIL OTHERWISE PROVIDED, AT THE RATE OF $0.462 PER
ONE HUNDRED DOLLARS ($100.00) ASSESSED VALUE ON ALL TAXABLE
PROPERTY WITHIN THE CORPORATE LIMITS OF THE CITY OF SOUTHLAKE,
TEXAS, AS OF JANUARY 1,2004, TO PROVIDE REVENUES FOR THE PAYMENT OF
CURRENT EXPENSES AND TO PROVIDE AN INTEREST AND SINKING FUND ON ALL
OUTSTANDING DEBTS OF THE CITY; DIRECTING THE ASSESSMENT THEREOF;
PROVIDING FOR DUE AND DELINQUENT DATES TOGETHER WITH PENALTIES AND
INTEREST THEREON; PROVIDING FOR PLACE OF PAYMENT; PROVIDING FOR
APPROVAL OF THE TAX ROLLS PRESENTED TO THE CITY COUNCIL; PROVIDING
FOR THE REPEAL OF INCONSISTENT ORDINANCES; PROVIDING FOR A
SEVERABILITY CLAUSE; AND DECLARING AN EFFECTIVE DATE.
No one spoke during the public hearing.
Motion was made to approve Ordinance No. 879, 2nd Reading, Tax Levy Ordinance approving a
rate of $0.462 per one hundred dollar ($100.00) assessed value on all taxable property within the
corporate limits of the City of Southlake.
Motion: Jones
Second: Terrell
Ayes: Jones, Hill, Morris, Muzyka, Shankland, Terrell, Wambsganss
Nays: None
Approved: 7-0
Agenda Item No. 7C. ZA04-056. Revised Site Plan for Colonial Bank. located in Southlake
Comers at the 200 block of North Kimball Avenue. Current ZoninlZ: C-3 General Commercial
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District. SPIN Neighborhood #8. Senior Planner Killough presented this item to Council.
Architect William Greene, GDA Architects, Dallas, answered Council's questions.
No one spoke during the public hearing.
Motion was made to approve ZA04-056, Revised Site Plan for Colonial Bank subject to the Staff
Report dated September 15,2004, granting requested variance to the pitched roof requirement.
Motion: Jones
Second: Shankland
Ayes: Jones, Hill, Morris, Muzyka, Shankland, Terrell, Wambsganss
Nays: None
Approved: 7-0
Agenda Item No. 7E. Resolution No. 04-068. (ZA04-061t Soecific Use Permit for Outdoor
Sales to allow hot dog stand sales in front of Lowe's. at 201 North Kimball Avenue. Current
Zoning: C-3 General Commercial District. SPIN Neighborhood #7. Senior Planner Killough
presented this item to Council. Applicant Trevor Peninger, 4400 Keater, North Richland Hills,
answered Council's questions. 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,
GRANTING A SPECIFIC USE PERMIT FOR OUTDOOR SALES OR SERVICES ON
PROPERTY WITHIN THE CITY OF SOUTHLAKE, TEXAS, BEING 201 NORTH
KIMBALL AVENUE, LEGALLY DESCRIBED AS LOT 5, BLOCK 1, KIMBALL / 1709
ADDITION, MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A", AND AS
DEPICTED ON THE APPROVED SITE PLAN A TT ACHED HERETO AND
INCORPORATED HEREIN AS EXHIBIT "B" AND PROVIDING AN EFFECTIVE DATE.
No one spoke during the public hearing.
Motion was made to approve Resolution No. 04-068, (ZA04-061), Specific Use Permit for
Outdoor Sales to allow hot dog stand sales in front of Lowe's subject to Staff Report dated
September 15,2004, and subject to the Planning and Zoning Commission's motion.
Motion: Jones
Second: Muzyka
Ayes: Jones, Hill, Morris, Muzyka, Shankland, Terrell, Wambsganss
Nays: None
Approved: 7-0
Agenda Item No. lOB. ZA04-048. Revised Preliminary Plat for Lots 3RI. 3R2. 4RI. & 4R2.
Block 1. The Glory Place. beine: a revision of Tracts 3 and 4R. The Glory Place. located at 160
and 200 East Continental Boulevard. Current Zoning: SF-1A Single Family Residential District.
SPIN Neie:hborhood #9W. Senior Planner Killough presented this item to Council in conjunction
with Agenda Item No. lOCo Applicant F.C. LeVrier, 1725 East Southlake Boulevard, Suite 200,
Southlake, answered Council's questions on Agenda Item Nos. lOB and lOCo
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Motion was made to approve ZA04-048, Revised Preliminary Plat for Lots 3RI, 3R2, 4Rl, &
4R2, Block 1, The Glory Place, subject to the Staff Report dated September 15, 2004, and
requiring maintenance of the driveway in the restrictive convenants; approving requested
variance to the street frontage requirements in lieu of the common access easement and driveway
as proposed; and requiring City Council approval of a plan for the gate prior to the construction.
Motion: Jones
Second: Terrell
Ayes: Jones, Hill, Morris, Muzyka, Shankland, Terrell, Wambsganss
Nays: None
Approved: 7-0
Af?:enda Item No. 10C. ZA04-072. Plat Revision for Lots 3RI. 3R2. 4RI. & 4R2. Block 1. The
Glory Place. beine: a revision of Tracts 3 and 4R. The Glory Place. located at 160 and 200 East
Continental Boulevard. Current Zonine:: SF-IA Single Familv Residential District. SPIN
Neighborhood #9W. Senior Planner Killough presented this item to Council in conjunction with
Agenda Item No. lOB. Applicant F.C. LeVrier, 1725 East Southlake Boulevard, Suite 200,
Southlake, answered Council's questions on Agenda Item Nos. lOB and 10C.
Motion was made to approve ZA04-072, Plat Revision for Lots 3RI, 3R2, 4RI, & 4R2, Block I,
The Glory Place, subject to Staff Report dated September 15, 2004, and incorporating the
language of the previous motion for ZA04-048.
Motion: Jones
Second: Terrell
Ayes: Jones, Hill, Morris, Muzyka, Shankland, Terrell, Wambsganss
Nays: None
Approved: 7-0
Agenda Item No. 100. Consider SP04-209. Variance to Sign Ordinance No. 704-B. Next
Century Dental. located at 2630 East State Highway 114 (west bound access road). Senior
Planner Killough presented this item to Council. Applicant Dr. Joe Benola, 1800 Barrington,
Roanoke, answered Council's questions.
Motion was made to approve SP04-209, Variance to Sign Ordinance No. 704-B, Next Century
Dental approving the variance to the text but deleting the logo of a mouth and teeth.
Motion: Morris
Second: Shankland
Ayes: Jones, Hill, Morris, Muzyka, Shankland, Terrell, Wambsganss
Nays: None
Approved: 7-0
Agenda Item No. 10E. Consider SP04-210. Variance to Sign Ordinance No. 704-B. Highland
Nails & Spa. located at 2125 West Southlake Boulevard. Suite 335. Senior Planner Killough
presented this item to Council. The applicant was not present.
Motion was made to table this item until the October 5, 2004, City Council meeting.
Motion: Terrell
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Second:
Ayes:
Nays:
Approved:
Jones
Jones, Hill, Morris, Muzyka, Shankland, Terrell, Wambsganss
None
7-0 (to table to October 5, 2004)
Agenda Item No. 7F. Resolution No. 04-066. An Amendment to the Master Thorou2hfare Plan
regarding the crossin!! of Kirkwood Boulevard Extension at the Hi2hland Street/Carroll Avenue
intersection. Interim Director Baker presented this item to Council.
Mayor Wambsganss opened the public hearing. The Mayor read comment cards from people
who were opposed and did not wish to speak:
David and Alice Edelen, 1203 Ashmoore Court, Southlake;
Bryan McLarty, 1202 Blythe Lane, Southlake;
Jan Francis, 1211 Ashmoore Court, Southlake; and,
Kermit L. Stosberg, Jr., 1204 Blythe Lane, Southlake.
Jere Francis, 1211 Ashmoore Court, Southlake, spoke in opposition.
Kenneth Home, 1215 Ashmoore Court, Southlake, spoke in opposition.
Sid Moreo, 1212 Ashmoore Court, Southlake, spoke in opposition.
Mayor Wambsganss closed the public hearing.
Council discussed this item.
Bryan McLarty, 1202 Blythe Lane, Southlake, asked questions of Council.
Jerald Shivers, 1800 North White Chapel Boulevard, Southlake, asked a question regarding
platting of his property.
Eli Knowles, 1680 South Brumlow, Southlake, spoke in opposition to closing Highland Street.
Motion was made to approve Resolution No. 04-066, an amendment to the Master Thoroughfare
Plan regarding the crossing of Kirkwood Boulevard extension approving Option #2 as shown
and directing the Planning and Zoning Commission to continue studying the alignment and to
look at alternate solutions for the alignment of Kirkwood Boulevard and improvements to
Highland Street west of Carroll Avenue.
Motion: Terrell
Second: Shankland
Ayes: Jones, Hill, Morris, Muzyka, Shankland, Terrell, Wambsganss
Nays: None
Approved: 7-0
Agenda Item No. llA. Southlake Town Square development. There was no discussion on this
item. No action was taken on this item.
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Agenda Item No. 12. Meeting adiourned. Mayor Wambsganss adjourned the meeting at 9:29
p.m.
*An audio recording of this meeting will be permanently retained in the City Secretary's
Office.
(~;=
Andy w~~g ss .
Mayor
ArrEST:
k.-a ~~
Lon A. Farwell, TRMC
City Secretary
REGULAR CITY COUNCIL MEETING MINUTES, SEPTEMBER 21, 2004
Page 8018