2008-04-01
CITY OF
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TEXAS
REGULAR CITY COUNCIL MEETING MINUTES: APRIL 1,_2008
LOCATION: 1400 Main Street, Southlake, Texas
Council Chambers in Town Hall
CITY COUNCIL PRESENT: Mayor Pro Tern Carolyn Morris, Deputy Mayor Pro Tern
Virginia M. Muzyka, and Councilmembers Laura K. Hill, Vernon Stansell and John
Terrell.
CITY COUNCIL ABSENT: Mayor Andy Wambsganss and Councilmember Gregory
Jones.
STAFF PRESENT: City Manager Shana Yelverton, Assistant City Manager / Director of
Public Safety Jim Blagg, Assistant City Manager Ben Thatcher, Assistant to the City
Manager Alison Ortowski, Manager of Information Systems Gary Gregg, Director of
Community Services Steve Polasek, Director of Economic Development Greg Last,
Director of Finance Sharen Jackson, Director of Human Resources Kevin Hugman,
Chief of Fire Services Robert Finn, Chief of Police Services Wade Goolsby, Director of
Planning and Development Services Ken Baker, Planner Clayton Comstock, Director of
Public Works Robert H. Price, Deputy Director of Public Works Gordon Mayer, City
Attorney Tim Sralla and City Secretary Lori Payne.
WORK SESSION:
Agenda Item No. 1. Call to order. The work session was called to order by Mayor Pro
Tern Morris at 5:10 p.m.
Agenda Item No. 2. Invocation: Eric Hulet from Grace Community Church gave the
invocation. Mayor Pro Tern Morris led the pledge of allegiance.
Agenda Item No. 3. Discuss the Southlake Trolley program. Director Last presented
this item and answered Council's questions. Gretchen Lloyd with Coach America
answered Council's questions.
Agenda Item No. 4. Discuss all items on tonight's meeting agenda. City Council
reviewed the agenda items with city staff.
Mayor Pro Tern Morris closed the work session at 5:53 p.m.
REGULAR SESSION:
REGULAR CITY COUNCIL MEETING MINUTES, APRIL 1, 2008
Page 1 of 8
Agenda Item No. 1. Call to order. The regular session was called to order by Mayor Pro
Tern Morris at 5:53 p.m.
Agenda Item No. 2A. Executive Session. Mayor Pro Tem Morris announced City
Council would be going into Executive Session pursuant to the Texas Government
Code Section 551.071, consultation with attorney and Section 551.087, deliberation
regarding economic development negotiations. City Council adjourned for Executive
Session at 5:53 p.m. Executive Session began at 6:24 p.m. and ended at 7:05 p.m.
City Councilmember Stansell left the meeting at 7:16 p.m.
Agenda Item No. 2B. Reconvene. Mayor Pro Tern Morris reconvened the regular
meeting at 7:16 p.m. and asked if any action was necessary from Executive Session.
No action was necessary.
Agenda Item No. 3A. Mayor's Report. Mayor Pro Tern Morris announced upcoming
meetings and events.
Agenda Item No. 3A1. Proclamation for Child Abuse Prevention Month. Mayor Pro Tern
Morris presented the proclamation to Jessica Campbell from Alliance for Children.
Councilmember Hill discussed her experience of touring the First Presbyterian Night
Shelter earlier in the day with the Phillip's Wish program.
Agenda Item No. 3B. City Manager's Report. City Manager Yelverton discussed the
Connect-CTY service that began today. It is a mass phone notification system which
can be used for emergency notifications, courtesy notifications, or announcements.
Assistant City Manager Thatcher announced a new program with Oncor Electric
Delivery, City Smart, which is designed to give incentives to City's who reduce electric
consumption.
Agenda Item No. 3C. Parks and Recreation Board Report. Park Board member Elaine
Cox announced upcoming programs and events.
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 4A Approve the minutes from the March 18, 2008, regular City
Council meeting. A presentation was not made on this item.
Agenda Item No 4B Approve a sanitary sewer easement encroachment agreement
with SILTS Block 22, L.P. on Lots 3-4, Block 22, Southlake Town Square. A presentation
was not made on this item.
REGULAR CITY COUNCIL MEETING MINUTES, APRIL 1, 2008
Page 2 of 8
Agenda Item No 4C Approve an agreement with CTL Thompson, LLC for materials
testing in the amount of $53,338. A presentation was not made on this item.
Agenda Item No 4D Ordinance No. 915-A 1St Reading Amend Ordinance No. 915
amending Fiscal Year 2008 Annual Budget. Mayor Pro Tern Morris read the proposed
amendments during the work session.
Agenda Item No 4E Approve an agreement with Tarrant County Elections
Administration for election services for the May 10 2008 General Election and the May
10, 2008 Special Election. This item was tabled to the April 15, 2008 regular City
Council meeting.
Agenda Item No 4F Ordinance No. 480-550 2nd Reading (ZA07-133), Zoning Change
and Development Plan for Lake Forest on property being legally described as Tract 5,
R D Price Survey Abstract No. 1207 and located at 3185 Southlake Park Drive.
Current Zoning: AG Agricultural District Requested Zoning: R-PUD Residential Planned
Unit Development District. SPIN Neighborhood #3. The applicant requested to table this
item to the May 6, 2008, regular City Council meeting.
Agenda Item No 4G ZA07-134 Preliminary Plat for Lots 1 - 8, Block 1, Lake Forest
Addition on property being legally described as Tract 5 R.D. Price Survey Abstract No.
1207 and located at 3185 Southlake Park Drive. Current Zoning: AG Agricultural
District Proposed Zoning: R-PUD Residential Planned Unit Development District. SPIN
Neighborhood #3. The applicant requested to table this item to the May 6, 2008, regular
City Council meeting.
Agenda Item No 4H ZA07-112 Site Plan for Lot 25R2, Block 1, Woodland Heights
Addition on property located at 175 Westwood Drive. Current Zoning: 0-1 Office
District. SPIN Neighborhood #8. The applicant withdrew this item.
Agenda Item No 41 Ordinance No. 480-552 1St Reading (ZA07-162), Zoning Change
and Concept Plan for Lots 9-12 J. Childress No. 254 Addition on property being legally
described as Tract 3D2 John Heirs Childress Survey, Abstract No. 254 and located at
3010 Lake Drive. Current Zoning_ AG Agricultural District. Requested Zoning: SF20B
Single Family Residential District. SPIN Neighborhood #3. The applicant requested to
table this item to the April 15, 2008, regular City Council meeting.
Agenda Item No 4J. Ordinance No. 480-536 2nd Reading (ZA07-139), Zoning Change
and Site Plan for Lots 1R1, 1R2, 2R1 2R2 and 2R3, Block 3, Cornerstone Business
Park Addition on property legally described as Lots 1 and 2R Block 3 Cornerstone
Business Park Addition and located at 500 Silicon Drive and 510 Silicon Drive. Current
Zoning: 0-1 Office District. Requested Zoning: S-P-1 Detailed Site Plan District. SPIN
Neighborhood V. The applicant requested to table this item to the April 15, 2008,
regular City Council meeting.
REGULAR CITY COUNCIL MEETING MINUTES, APRIL 1, 2008
Page 3 of 8
Agenda Item No 4K ZA07-111 Plat Revision for Lots 1 R1 1 R2 2R1, 2R2, and 2R3,
Block 3 Cornerstone Business Park being a replat of property currently described as
Lots 1 and 2R Block 3 Cornerstone Business Park Addition and being located at 500
Silicon Drive and 510 Silicon Drive Current Zoning: 0-1 Office District. Proposed
Zoning: S-P-1 Detailed Site Plan District. SPIN Neighborhood #7. The applicant
requested to table this item to the April 15, 2008, regular City Council meeting.
Agenda Item No 4L ZA07-123 Revised Site Plan for Chick-fil-A on property being
legally described as Lot 4 Block 1 Perry/Allen Addition and located at 2301 East
Southlake Boulevard Current Zoning: C3 General Commercial District. SPIN
Neighborhood #7. The applicant requested to table this item to the April 15, 2008,
regular City Council meeting.
Motion was made to approve items 4A; 413; 4C; 4D; 4E to table to April 15, 2008 City
Council meeting; the applicant requested to table item 4F to the May 6, 2008, regular
City Council meeting; the applicant requested to table item 4G to the May 6, 2008,
regular City Council meeting; 4H was withdrawn by the applicant; the applicant
requested to table item 41 to the April 15, 2008 regular City Council meeting; the
applicant requested to table item 4J to the April 15, 2008 regular City Council meeting;
the applicant requested to table item 4K to the April 15, 2008 regular City Council
meeting; and the applicant requested to table item 4L to the April 15, 2008 regular City
Council meeting.
Motion: Terrell
Second: Muzyka
Ayes: Hill, Morris, Muzyka, Terrell
Nays: None
Approved: 4-0
REGULAR AGENDA
Agenda Item No. 5. Public Forum.
Ralph Williams, 1177 Adams Lane, Southlake, Texas, spoke to Council regarding the
two proposed roundabouts along Continental Boulevard.
Agenda Item No 6A Ordinance No. 480-553 2nd Reading (ZA08-002), Zoning Change
and Site Plan for Nolen Center on property being legally described as a portion of Tract
2A2A Thomas Easter Survey Abstract No. 474 and located at 2627 East Southlake
Boulevard Current Zoning: AG Agricultural District Requested Zoning: S-P-1 Detailed
Site Plan District. SPIN Neighborhood #7. Director Baker presented this item to Council
in conjunction with item 6B. Applicant Dusty Renfro made a presentation and answered
Council's questions. 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;
REGULAR CITY COUNCIL MEETING MINUTES, APRIL 1, 2008
Page 4 of 8
GRANTING A ZONING CHANGE ON A CERTAIN TRACT OR TRACTS OF LAND
WITHIN THE CITY OF SOUTHLAKE, TEXAS BEING LEGALLY DESCRIBED AS A
PORTION OF TRACT 2A02A, SITUATED IN THE T. EASTER SURVEY, ABSTRACT
NO. 474, AND BEING APPROXIMATELY 1.648 ACRES, AND MORE FULLY AND
COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "AG" AGRICULTURAL 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.
No one spoke during the public hearing.
Motion was made to approve Ordinance No. 480-553, 2nd Reading (ZA08-002), Zoning
Change and Site Plan for Nolen Center granting the requested driveway stacking
variance; subject to the staffs presentation; requiring the applicant to remove the berms
but leave the additional proposed landscaping; requiring the door on the right elevation
facing Nolen Drive to be the same color as the wall; and subject to Site Plan Review
Summary No. 3, dated March 12, 2008.
Motion: Terrell
Second: Hill
Ayes: Hill, Morris, Muzyka, Terrell
Nays: None
Approved: 4-0
Agenda Item No 6B ZA08-003 Preliminary Plat for Lots 1 and 2, Block 1, Nolen
Center on property being legally described as Tract 2A2A Thomas Easter Survey,
Abstract No 474 and located at 2627 East Southlake Boulevard. Current Zoning: AG
Agricultural District. SPIN Neighborhood #7. Director Baker presented this item in
conjunction with item 6A. Applicant Dusty Renfro made a presentation and answered
Council's questions.
Motion was made to approve ZA08-003, Preliminary Plat for Lots 1 and 2, Block 1,
Nolen Center subject to Revised Plat Review Summary No. 2, dated March 12, 2008.
Motion: Terrell
Second: Hill
Ayes: Hill, Morris, Muzyka, Terrell
Nays: None
Approved: 4-0
REGULAR CITY COUNCIL MEETING MINUTES, APRIL 1, 2008
Page 5 of 8
Agenda Item No 6C Ordinance No 483-M 2"d Reading Amending Section 7.05B of
Article VII of the Southlake Subdivision Ordinance: providing an incentive to developers
seeking to improve existing park facilities. Director Polasek 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 OF SOUTHLAKE, TEXAS AMENDING ORDINANCE
NO. 483, AS AMENDED, THE SUBDIVISION ORDINANCE BY REVISING ARTICLE
VII "PARK AND RECREATION DEDICATION REQUIREMENTS" TO AMEND
SECTION 7.05 "ALTERNATIVES TO LAND DEDICATION" TO PROVIDE AN
INCENTIVE TO DEVELOPERS CHOOSING THE OPTION OF IMPROVING EXISTING
PARK FACILITIES IN LIEU OF PARK LAND DEDICATION OR PAYMENT OF CASH;
PROVIDING A PENALTY CLAUSE; PROVIDING THAT THIS ORDINANCE IS
CUMULATIVE OF ALL OTHER ORDINANCES, PROVIDING FOR SEVERABLILITY;
PROVIDING FOR PUBLICATION; AND PROVIDING AN EFFECTIVE DATE.
No one spoke during the public hearing.
Motion was made to approve Ordinance No. 483-M, 2nd Reading, Amending Section
7.05B of Article VII of the Southlake Subdivision Ordinance as presented.
Motion: Terrell
Second: Muzyka
Ayes: Hill, Morris, Muzyka, Terrell
Nays: None
Approved: 4-0
Agenda Item No 7C Ordinance No. 657-13, 1t Reading Consider an ordinance revising
impact fees on new land development in the city of Southlake, Texas for water,
wastewater and roadway facilities necessitated by such new development: adopting
revised land use assumptions for the city' adopting revised Capital Improvement Plans
for water, wastewater and roadway improvements; providing for the assessment,
payment and time of payment of water, wastewater, and roadway impact fees: providing
for review of water, wastewater and roadway impact fees and the fee schedules;
providing for the placement of revenue collected from water, wastewater and roadway
impact fees into water and wastewater impact fee accounts and roadway impact fee
accounts established for that purpose; providing for offsets and credits providing for
refund of unexpended funds: providing for use of funds derived from water, wastewater
and roadway impact fees providing that impact fees may be pledged toward payment of
bond issues and similar debt instruments providing that this ordinance shall be
cumulative of all ordinances; providing a severability clause; providing for publication in
the official newspaper: and providing an effective date. Director Last introduced
consultants Lewis McLain, Eddie Cheatham and Aaron Nathan. Director Last presented
this item to Council and answered Council's questions. Council discussed this item.
REGULAR CITY COUNCIL MEETING MINUTES, APRIL 1, 2008
Page 6 of 8
Motion was made to approve Ordinance No. 657-13, 1St Reading, Consider an ordinance
revising impact fees on new land development in the city of Southlake, Texas for water,
wastewater and roadway facilities necessitated by such new development; adopting
revised land use assumptions for the city; adopting revised Capital Improvement Plans
for water, wastewater and roadway improvements; providing for the assessment,
payment and time of payment of water, wastewater, and roadway impact fees; providing
for review of water, wastewater and roadway impact fees and the fee schedules;
providing for the placement of revenue collected from water, wastewater and roadway
impact fees into water and wastewater impact fee accounts and roadway impact fee
accounts established for that purpose; providing for offsets and credits, providing for
refund of unexpended funds; providing for use of funds derived from water, wastewater
and roadway impact fees providing that impact fees may be pledged toward payment of
bond issues and similar debt instruments providing that this ordinance shall be
cumulative of all ordinances; providing a severability clause; providing for publication in
the official newspaper; and providing an effective date; approving this item on first
reading at the staff recommended rates and with further discussion at the next Council
meeting regarding alternatives.
Motion: Terrell
Second: Hill
Ayes: Hill, Morris, Muzyka, Terrell
Nays: None
Approved: 4-0
Mayor Pro Tern Morris called for a break at 8:51 p.m.
Councilmember Hill had to leave the meeting during the break.
Mayor Pro Tem Morris reconvened the meeting at 9:07 p.m.
Agenda Item No 9A ZA08-008 Plat Showing for Lots 5 and 6, W.H. Martin No. 1068
Addition being approximately 2.51 acres described as Tracts 2C, 2C05, and 2C06,
W H Martin Survey Abstract No 1068, located at 1801, 1815, and 1829 Our Lane.
Current Zoning: SF-1A Single Family Residential District. SPIN Neighborhood #12. Due
to a lack of a quorum, Council was not able to take action on this item.
Agenda Item No. 11. Meeting adjourned. Mayor Pro Tern Morris adjourned the meeting
due to a lack of a quorum at 9:08 p.m.
*An audio recording of this meeting will be permanently retained in the City
Secretary's Office.
Carolyn M rris
Mayor Pro Tern
REGULAR CITY COUNCIL MEETING MINUTES, APRIL 1, 2008
Page 7 of 8
C7 •
ATTEST: ' 0'
Lori Payne, TRM
City Secretary
REGULAR CITY COUNCIL MEETING MINUTES, APRIL 1, 2008
Page 8 of 8
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