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2004-11-16 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: NOVEMBER 16, 2004 LOCATION: 1400 Main Street, Southlake, Texas Council Chambers in Town Hall CITY COUNCIL PRESENT: Mayor Andy Wambsganss, Mayor Pro Tem Keith Shankland (arrived at 6:09 p.rn.), and Deputy Mayor Pro Tem Carolyn Morris; and Councilmembers Laura K. Hill, 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 Ben Thatcher, 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, Director of Economic Development Greg Last, Director of Finance Sharen Elam, Director of Human Resources Kevin Hugman, Director of Planning Ken Baker, Senior Planner Dennis Killough, Chief of Administration Garland Wilson, Deputy Director of Public Works Charlie Thomas, City Attorney E. Allen Taylor, City Attorney Debra Drayovitch, and City Secretary Lori Farwell. WORK SESSION: The work session was called to order by Mayor Wambsganss at 5:32 p.m. City Council reviewed the agenda items with city staff and applicants. Agenda items 8A, 9A, and lOA were added to the consent agenda. The work session ended at 5:55 p.m. REGULAR SESSION: Agenda Item No.1. Call to order: The regular seSSIOn was called to order by Mayor Wambsganss at 5:55 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 5:55 p.m. Executive session began at 6:14 p.m. and ended at 6:52 p.m. Agenda Item No. 2B. Reconvene: Mayor Wambsganss reconvened the regular meeting at 6:58 p.m. The Mayor asked if there was any action necessary as a result of the executive session. There was no action as a result of the executive session. REGULAR CITY COUNCIL MEETING MINUTES, NOVEMBER 16, 2004 Page 1 0[6 I I o I I I I I I I 10 I I I I I I I. I I Agenda Item No.3. Invocation: The invocation was given by Jessica Beebe from Met Church. Mayor Wambsganss led the pledge of allegiance. Agenda Item No. 4A. Mayor's Ret>ort: Mayor Wambsganss announced upcoming meetings and events. The Mayor thanked local business, Brook Mays Music Group, for their willingness to donate a player piano for use in the foyer of Town Hall during the holiday season. The Mayor also thanked Councilmembers Hill and Muzyka for their participation in the City's United Way employee event on November 12. Agenda Item No. 4B. City Manager's Report: City Manager Campbell thanked Councilmember Terrell for his time and dedication in working with staff and the developer on the various Southlake Town Square agreements. Human Resources Director Hugman said the United Way event was a big success this year and raised funds of over $5,000 during the event alone. Agenda Item No. 4C. Financial Ret>ort: A written report was given to Council. Agenda Item No. 4D. Local Business Ret>ort: There was no report given. 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. SA. Approve minutes for the November 3. 2004. special City Council meeting and the November 8. 2004. special City Council meeting. Approved as presented. Agenda Item No. 8A. Ordinance No. 480-421A. (ZA04-089t 1st Reading. Zoning Change and Development Plan for Estes Park. Phase I Addition located on the south side of the 600 and 700 blocks of East Dove Street. Current Zoning: R-PUD Residential Planned Unit Development District. Requested Zoning: R-PUD Residential Planned Unit Development District. SPIN Neighborhood #5. Senior Planner Killough presented this item to Council during the work session. Applicant Paul Spain answered Council's questions. Agenda Item No. 9A. Resolution No. 04-071. Amending City of South lake Personnel Policies to adopt a W orkt>lace Conduct Policy. incorporating and superseding the current Sexual Harassment Policy and EEO Discrimination Complaint Procedure. Director Hugman presented this item to Council 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. City Council excused the absence of Mayor Wambsganss from the November 15,2004, special City Council meeting. Motion was made to approve the consent agenda Items SA; 8A subject to Development Plan Review Summary No.1, dated October 29,2004; 9A; and lOA excusing the absence of Mayor Wambsganss from the November 15, 2004, special City Council meeting. Motion: Morris Second: Terrell Ayes: Hill, Jones, Morris, Muzyka, Shankland, Terrell, Wambsganss REGULAR CITY COUNCIL MEETING MINUTES, NOVEMBER 16, 2004 Page 2 of6 I I o I il I I I I I Ie I I I I I I I. I I Nays: None Approved: 7-0 REGULAR AGENDA: Agenda Item No.6. Public Forum. No one spoke. Agenda Item No. 7 A. ZA04-073. Site Plan for Lot 2R. Block 5. Cornerstone Business Park located on the east side of South Nolen Drive. across from the intersection of South Nolen Drive and Silicon Drive. Current Zoning: S-P-2 General Site Plan District. SPIN Neighborhood #7. Senior Planner Killough presented this item to Council. Applicant representative, Jim Dewey with JBJR Engineers & Consultants, answered Council's questions. No one spoke during the public hearing. Motion was made to approve ZA04-073, Site Plan for Lot 2R, Block 5, Cornerstone Business Park, subject to Site Plan Review Summary No.3, dated October 29, 2004, as approved by the Planning and Zoning Commission. Motion: Shankland Second: Muzyka Ayes: Hill, Jones, Morris, Muzyka, Shankland, Terrell, Wambsganss Nays: None Approved: 7-0 Agenda Item No. lOB. Consider SP04-267. Variance to the Sign Ordinance 704-B for Gobs Of Gifts located at 1110 East State Highway 114. Senior Planner Killough presented this item to Council. Applicants Todd and Kim Herman, 1000 Oasis Court, Southlake, answered Council's questions. Mr. Herman stated his lease is for a period of three years. Motion was made to approve SP04-267 for a period of three years. Motion: Terrell Second: Shankland Ayes: Hill, Jones, Muzyka, Shankland, Terrell, Wambsganss Nays: Morris Approved: 6-1 Councilmember Terrell stepped out of the room. Agenda Item No. 10C. Consider SP04-268. Variance to the Sign Ordinance 704-B for Shogun Restaurant located at 2970 East Southlake Boulevard. Senior Planner Killough presented this item to Council. Applicants Brandon Jones and Chang Lee answered Council's questions. Motion was made to table SP04-268 to the December 7,2004, City Council meeting and to allow the continued use of the banner sign until December 7, 2004. Motion: Jones Second: Shankland Ayes: Hill, Jones, Morris, Muzyka, Shankland, Wambsganss REGULAR CITY COUNCIL MEETING MINUTES, NOVEMBER 16, 2004 Page 3016 I I. I I I I I I I I. I I I I I I I. I I Nays: None Approved: 6-0 Mayor Wambsganss called for a break at 7:30 p.m. Mayor Wambsganss reconvened the meeting at 7:40 p.m. The Mayor stated the Town Square items would be considered in the following order: lOG, lOF, 10D, and lOE. Agenda Item No. lOG. Consider final approval of the ground level garage screening for Resolution No. 04-070. (ZA04-069)' Specific Use Permit to allow multi-level parking garages for non-residential property on Lot 2. Block 3R1. and Lot 3. Block 4R. Southlake Town Square. Phase I. and on a portion of Tracts 2A5 and 3 in the Richard Earls Survey. Abstract No. 481. The sites are located approximatelY 1.000 feet east of North Carroll Avenue and approximately 1.000 feet south of State Highway 114. Current Zoning: DT Downtown District. SPIN Neighborhood #8. Senior Planner Killough presented this item to Council. Applicant Brian Stebbins with Cooper and Stebbins answered Council's questions. Motion was made to approve Agenda Item No. lOG, ZA04-069, as presented, noting the west garage will be federal style; an architectural feature will be placed in the middle of the north fal(ade of the west garage similar to the element on the west fal(ade of the west garage; and trees will be interspersed with the shrubs along the south side of the east garage. Motion: Terrell Second: Jones Ayes: Hill, Jones, Morris, Muzyka, Shankland, Terrell, Wambsganss Nays: None Approved: 7-0 Agenda Item No. lOF. Consider final ap1>roval of the movie theater building elevations for ZA04-067. Site Plan for Southlake Town Square Grand Avenue District. The property is bounded by State Highway 114 on the north side and Southlake Town Sauare. Phase I. on the south side. Current Zoning: DT Downtown District. SPIN Neighborhood #8. Mayor Wambsganss introduced this item to Council. Applicant Brian Stebbins with Cooper and Stebbins answered Council's questions. Motion was made to approve Agenda Item No. lOF, ZA04-067, as presented. Motion: Terrell Second: Shankland Ayes: Hill, Jones, Morris, Muzyka, Shankland, Terrell, Wambsganss Nays: None Approved: 7-0 Agenda Item No. lOD. Resolution No. 04-074. Authorizing the Mayor to enter into TIP development and 380 agreements and the associated parking agreement with SLTS Grand Avenue District. L.P.. for the development of the Grand Avenue District. City Manager Campbell and Finance Director Elam presented and discussed this item with Council. In accordance with Section 4.21 of the City Charter, the caption for this item is listed as follows: REGULAR CITY COUNCIL MEETING MINUTES, NOVEMBER 16, 2004 Page 40f6 I I. I I I I I I I I- I I I I I I II I- I A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS, APPROVING A DEVELOPMENT AGREEMENT BY AND BETWEEN THE CITY OF SOUTHLAKE ("CITY") AND SLTS-GRAND AVENUE DISTRICT, L.P., FOR REIMBURSEMENT FOR PUBLIC IMPROVEMENTS TO PROPERTY WITHIN REINVESTMENT ZONE NUMBER ONE; APPROVING THE TERMS AND CONDITIONS OF A PROGRAM TO PROMOTE ECONOMIC DEVELOPMENT AND STIMULATE BUSINESS AND COMMERCIAL ACTIVITY IN THE CITY; APPROVING AN ECONOMIC DEVELOPMENT PROGRAM AGREEMENT BY AND BETWEEN THE CITY OF SOUTHLAKE ("CITY") AND SLTS-GRAND AVENUE DISTRICT, L.P.; AND PROVIDING AN EFFECTIVE DATE. Motion was made to approve Resolution No. 04-074, the TIP Development Agreement, Section C - 380 Economic Development Program Agreement - with the amendment of the definition of "Commencement Date" and the inclusion of the recommendations of Bond Counsel in Section 5; approve a Parking Agreement with the deletion of Section 7B, the amendment of Section 6D to acknowledge that the parking on the site plan meets code requirements, amending Section 5A2 to apply to leases executed after November 16, 2004, and providing that Section 5A2c, d, & e shall apply only to the project owner, and creating a new Section 5B to include such and deleting Section 5A2f and redesignating the remaining subsections of Section 5 accordingly, all this subject to the approval of the City Attorney of the exhibits to all of the agreements. Motion: Terrell Second: Jones Ayes: Hill, Jones, Morris, Muzyka, Shankland, Terrell, Wambsganss Nays: None Approved: 7-0 Agenda Item No. 10E. Authorize the Mavor to execute a Commercial Develooer's Agreement for Town Sauare Brownstones. Phase I. a 4.005 acre tract on the east side of Town Sauare. Mayor Wambsganss introduced this item to Council. Deputy Director Thomas presented this item to Council. Director Jackson addressed park fee items in the developer's agreement. Director Elam addressed payments to the developer. Motion was made to approve a Commercial Developer's Agreement for Town Square Brownstones, Phase I, a 4.005 acre tract on the east side of Town Square, as presented. Motion: Terrell Second: Shankland Ayes: Hill, Jones, Morris, Muzyka, Shankland, Terrell, Wambsganss Nays: None Approved: 7-0 Agenda Item No. 12. Meeting adiourned. Mayor Wambsganss adjourned the meeting at 8:39 p.m. *An audio recording of this meeting will be permanently retained in the City Secretary's Office. REGULAR CITY COUNCIL MEETING MINUTES, NOVEMBER 16, 2004 Page 50f6 I I. I I I I I il I I. I I I I I I I. I I ATTEST: ~(W. (} ~ Lori A. 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