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2003-11-18 CITY OF SOUTIILAKE REGULAR CITY COUNCIL MEETING MINUTES: NOVEMBER 18, 2003 LOCATION: 1400 Main Street, Southlake, Texas Council Chambers in Town Hall CITY COUNCIL PRESENT: Mayor Andy Wambsganss; Mayor Pro Tem W. Ralph Evans; Deputy Mayor Pro Tem Rex Potter; Councilmembers: Carolyn Morris, Keith Shankland, Greg Standerfer and Tom Stephen. CITY COUNCIL ABSENT: None. STAFF PRESENT: City Manager Billy Campbell, Executive Secretary Kim Bush, Manager of Technical Services Gary Gregg, Audio Visual Technician Pam Jordan, Director of Community Services Malcolm Jackson, Deputy Director of Community Services Steve Polasek, Recreation Supervisor Steve Moore, Senior Parks Planner Chris Carpenter, Director of Economic Development Greg Last, Senior Planner Dennis Killough, Senior Planner Ken Baker, Chief of Fire Robert Finn, Deputy Director of Public Works Charlie Thomas, Assistant to the Public Works Director Valerie Bradley, City Attorney E. Allen Taylor, City Secretary Lori Farwell and Deputy City Secretary Tara Brooks. WORK SESSION: The work session was called to order by Mayor Wambsganss at 5:33 p.m. City Council reviewed the agenda items with city staff and applicants. No agenda items were moved to the consent agenda. The work session ended at 6:08 p.m. REGULAR SESSION: Agenda Item No. 1, Call to order: The regular session was called to order by Mayor Wambsganss at 6:08 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; and Section 551.087, deliberation regarding economic development negotiations. City Council adjourned for Executive Session at 6:08 p.m. Executive Session began at 6:17 p.m. and ended at 7:18 p.m. Agenda Item No. 2B, Reconvene: Mayor Wambsganss reconvened the regular meeting at 7:26 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 Scott Berry, First Baptist Church. Mayor Wambsganss led the audience in the Pledge of Allegiance. Agenda Item No. 4A, Mayor's Report: Mayor Wambsganss announced upcoming meetings and events. CITY COUNCIL MEETING MINUTES, NOVEMBER 18, 2003 PAGE 1 OF 6 Agenda Item No. 4B, City Manager's Report: City Manager Campbell thanked local vendors, city staff, and the Southlake community for their work and donations for this year's United Way campaign which raised over $10,000. CONSENT AGENDA: The consent agenda items are considered to be routine by the City Council and were enacted with one motion. Agenda Item 5A. Approve minutes for the October 7, 2003, and the November 4, 2003, City Council meetings. Agenda Item 5B. 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. Agenda Item 5C. ZA03 -074, Plat Revision for Clariden Ranch, Phase 1A, on property located on the northwest corner of the intersection of South Fork Road and Silver Spur Drive on the south side of West Bob Jones Road. Current Zoning: SF -1A Single Family Residential District. SPIN Neighborhood #1. Motion was made to approve Items 5A as presented, 5B, and 5C subject to Revised Plat Review Summary No. 2, dated October 31, 2003. Motion: Standerfer Second: Shankland Ayes: Evans, Morris, Potter, Shankland, Standerfer, Stephen, Wambsganss Nays: None Approved: 7 -0 REGULAR AGENDA: Agenda Item 6. Public Forum. Les Stephens, 1401 Montgomery Lane, Southlake, Texas, spoke regarding the dissention in the community regarding restructuring of the school district boundaries. Debra Edmondson, 1306 Plantation Drive, Southlake, Texas, spoke regarding the potential redistricting of the schools and possible elimination of block scheduling. Agenda Item 7A. Ordinance No. 858, 2nd Reading, Providing regulations on the use, location, and display of primary flags in residential areas. Councilmember Keith Shankland presented this item to the Council. Council discussed the ordinance. Public Hearing opened. Karla Cogburn, 110 Creekway Bend, Southlake, Texas, asked Council for consideration of companies such as hers, Old Glory Flag Service, by allowing them to place temporary flags into sleeves located in the ground next to curbs in residential areas. Public Hearing closed. CITY COUNCIL MEETING MINUTES, NOVEMBER 18, 2003 PAGE 2 OF 6 Councilmember Shankland read the proposed amendments into the record. In accordance with Section 4.21 of the City Charter, the caption for this item is listed as follows: AN ORDINANCE PROVIDING REGULATIONS ON THE USE, LOCATION AND DISPLAY OF PRIMARY FLAGS; PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUM OF $500 FOR EACH OFFENSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE. Motion was made to approve Ordinance No. 858, 2nd Reading. Motion: Shankland Second: Standerfer Ayes: Evans, Morris, Potter, Shankland, Standerfer, Stephen, Wambsganss Nays: None Approved: 7 -0 Agenda Item 7B. Ordinance No. 480 -426, (ZA03 -064), 2nd Reading, Zoning Change and Site Plan for Dr. Marciano Office Complex on property located at 2000 East State Highway 114. Current Zoning: C -2 Local Retail Commercial District. Requested Zoning: S -P -1 Detailed Site Plan District. SPIN Neighborhood #6. Senior Planner Dennis Killough presented this item to the Council. Council discussed the request. Applicant Skip Blake, Blake Architects, 1202 S. White Chapel Boulevard, Southlake, Texas, answered Council's questions. No one spoke during the public hearing. In accordance with Section 4.21 of the City Charter, the caption for this item 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 A, BLOCK C, BRIARWOOD ESTATES, PHASE 1, BEING APPROXIMATELY 1.052 ACRES, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "C -2" LOCAL RETAIL COMMERCIAL DISTRICT TO "S -P -1" DETAILED SITE PLAN DISTRICT WITH "C -2" LOCAL RETAIL COMMERCIAL DISTRICT USES, AS DEPICTED ON THE APPROVED SITE PLAN ATTACHED HERETO AND INCORPORATED HEREIN AS EXHIBIT `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. CITY COUNCIL MEETING MINUTES, NOVEMBER 18, 2003 PAGE3 Motion was made to approve Ordinance No. 480 -426, 2 Reading, subject to Site Plan Review Summary No. 4, dated November 12, 2003, and subject to P &Z's approval; granting requested variances; prohibiting Christmas tree sales, tires, batteries, and other auto accessory sales; and requiring the screening to be of a plant -type that reaches at least 8 feet within one year. Motion: Standerfer Second: Evans Ayes: Evans, Morris, Shankland, Standerfer, Stephen, Wambsganss Nays: Potter Approved: 6 -1 Agenda Item 7C. Ordinance No. 480 -WW, 2nd Reading, an amendment to the Comprehensive Zoning Ordinance No. 480, as amended, relating to discontinuance of nonconforming uses. Senior Planner Dennis Killough presented this item to the Council. Council discussed this request. No one spoke during the public hearing. In accordance with Section 4.21 of the City Charter, the caption for this item is listed as follows: AN ORDINANCE AMENDING ORDINANCE NO. 480, AS AMENDED, THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF SOUTHLAKE, TEXAS; REVISING SECTION 6.9 "DISCONTINUANCE OR ABANDONMENT" AS IT RELATES TO THE STATUS OF NONCONFORMING USES; REVISING OTHER PERTINENT SECTIONS FOR CONSISTENCY; 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 PAMPHLET FORM; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE. Motion was made to approve Ordinance No. 480 -WW, 2 Reading. Motion: Standerfer Second: Evans Ayes: Evans, Morris, Potter, Shankland, Standerfer, Stephen, Wambsganss Nays: None Approved: 7 -0 Agenda Item 7D. Resolution No. 03 -074, Specific Use Permit for the sale of alcoholic beverages at Camille's Sidewalk Cafe located at 2600 East Southlake Boulevard, Suite 100. Current Zoning: S -P -2 General Site Plan District. SPIN Neighborhood #7. Senior Planner Dennis Killough presented this item to the Council. Council discussed this request. No one spoke during the public hearing. 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 THE SALE OF ALCOHOLIC BEVERAGES CITY COUNCIL MEETING MINUTES, NOVEMBER 18, 2003 PAGE 4 OF6 FOR ON- PREMISE CONSUMPTION ON PROPERTY WITHIN THE CITY OF SOUTHLAKE, TEXAS, BEING LEGALLY DESCRIBED AS A PORTION OF LOT 1, BLOCK 1, GATEWAY PLAZA PHASE 2, MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A ", AND AS DEPICTED ON THE APPROVED DEVELOPMENT PLAN ATTACHED HERETO AND INCORPORATED HEREIN AS EXHIBIT "B" AND PROVIDING AN EFFECTIVE DATE. Motion was made to approve Resolution No. 03 -074, Specific Use Permit for the sale of alcoholic beverages at Camille's Sidewalk Cafe located at 2600 East Southlake Boulevard, Suite 100, limited to the lesser of five years or until termination of the lease. Motion: Standerfer Second: Shankland Ayes: Evans, Morris, Potter, Shankland, Standerfer, Stephen, Wambsganss Nays: None Approved: 7 -0 Agenda Item 7E. Approval of the proposed SPDC Capital Improvement Plan and fiscal year 2003 -04 Budget. Director of Community Services Malcolm Jackson presented this item to the Council. Council discussed this request. No one spoke during the public hearing. Motion was made to approve the SPDC Capital Improvement Plan and fiscal year 2003 -04 budget subject to any changes in the FY2005 -06 budget resulting from the credit of $150,000 from Cooper & Stebbins for Town Square parking. Motion: Stephen Second: Evans Ayes: Evans, Morris, Shankland, Standerfer, Stephen, Wambsganss Nays: Potter Approved: 6 -1 Agenda Item 10A. Consider SP -03 -068, Variance to Sign Ordinance No. 704 -A, for Fitness in Motion located at 2707 East Southlake Boulevard (FM 1709), Suite 110. Senior Planner Dennis Killough presented this item to the Council. The applicant for this item was not present. Motion was made to deny SP -03 -068, Variance to Sign Ordinance No. 704 -A, for Fitness in Motion located at 2707 East Southlake Boulevard, Suite 110. Motion: Standerfer Second: Shankland Ayes: Evans, Morris, Potter, Shankland, Standerfer, Stephen, Wambsganss Nays: None Approved: 7 -0 (to deny) Agenda Item 10B. Award of bid to J.C. Commercial, Incorporated, for Bob Jones Park Improvements. Director of Community Services Malcolm Jackson presented this item to the Council. Council discussed this item during the work session. Motion was made to approve the award of bid to J.C. Commercial, Incorporated, for Bob Jones Park Improvements. CITY COUNCIL MEETING MINUTES, NOVEMBER 18, 2003 PAGE5OF6 Motion: Standerfer Second: Stephen Ayes: Evans, Morris, Potter, Shankland, Standerfer, Stephen, Wambsganss Nays: None Approved: 7 -0 Agenda Item 10C. Award of bid to Anderson Water Well Service for Bob Jones Park well and pump. Director of Community Services Malcolm Jackson presented this item to the Council. Council discussed this item during the work session. Motion was made to approve the award of bid to Anderson Water Well Service for Bob Jones Park well and pump. Motion: Standerfer Second: Stephen Ayes: Evans, Morris, Potter, Shankland, Standerfer, Stephen, Wambsganss Nays: None Approved: 7 -0 Agenda Item 11A. Discuss changes to the Comprehensive Zoning Ordinance No. 480, as amended, as it pertains to requiring a concept or site plan approval with all zoning changes and requiring Planning and Zoning Commission and City Council approval for all concept and site plans on property already zoned. Council did not discuss this item. Agenda Item 11B. Discuss changes to the Comprehensive Zoning Ordinance No. 480, as amended, as it pertains to screening requirements and the appropriate use of stockade -type fencing. Council discussed this item during the work session. No action was taken. Council agreed to have staff take this item to the Planning and Zoning Commission for further evaluation. Agenda Item 11C. Discuss the City's position on CISD's use of portable classrooms. Council discussed this item during the work session. No action was taken. Agenda Item 12. Meeting adjourned. With there being no further business to discuss, Mayor Wambsganss adjourned the meeting at 8:16 p.m. *An audio recording of this meeting will be permanently retained in the City Secretary's Office. Now Andy Wambsganss Mayor ATTEST: ,,,,,,,, pV H ,,,, '#1 rim si Lori A. Farwell J'• City Secretary •' , * 1*1`,,, ,, CITY COUNCIL MEETING MINUTES, NOVEMBER 18, 2003 PAGE 6 OF 6