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Item 4A REGULAR CITY COUNCIL MEETING MINUTES: APRIL 1, 2008 LOCATION :1400 Main Street, Southlake, Texas Council Chambers in Town Hall CITY COUNCIL PRESENT : Mayor Pro Tem Carolyn Morris, Deputy Mayor Pro Tem 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 Tem Morris at 5:10 p.m. Agenda Item No. 2. Invocation: Eric Hulet from Grace Community Church gave the invocation. Mayor Pro Tem 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 Tem Morris closed the work session at 5:53 p.m. REGULAR SESSION: UNOFFICIAL 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 Tem 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 Tem 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 Tem Morris announced upcoming meetings and events. Agenda Item No. 3A1. Proclamation for Child Abuse Prevention Month. Mayor Pro Tem 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 SLTS Block 22, L.P. on Lots 3-4, Block 22, Southlake Town Square. A presentation was not made on this item. UNOFFICIAL 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. st Agenda Item No. 4D. Ordinance No. 915-A, 1 Reading, Amend Ordinance No. 915 amending Fiscal Year 2008 Annual Budget. Mayor Pro Tem 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. nd Agenda Item No. 4F. Ordinance No. 480-550, 2 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: O-1 Office District. SPIN Neighborhood #8. The applicant withdrew this item. st Agenda Item No. 4I. Ordinance No. 480-552, 1 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. nd Agenda Item No. 4J. Ordinance No. 480-536, 2 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: O-1 Office District. Requested 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. UNOFFICIAL REGULAR CITY COUNCIL MEETING MINUTES, APRIL 1, 2008 Page 3 of 8 Agenda Item No. 4K. ZA07-111, Plat Revision for Lots 1R1, 1R2, 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: O-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 4 A; 4B; 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 4I 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. nd Agenda Item No. 6A. Ordinance No. 480-553, 2 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; UNOFFICIAL 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. nd Motion was made to approve Ordinance No. 480-553, 2 Reading (ZA08-002), Zoning Change and Site Plan for Nolen Center granting the requested driveway stacking variance; subject to the staff’s 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 UNOFFICIAL REGULAR CITY COUNCIL MEETING MINUTES, APRIL 1, 2008 Page 5 of 8 nd Agenda Item No. 6C. Ordinance No. 483-M, 2 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. nd Motion was made to approve Ordinance No. 483-M, 2 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 st Agenda Item No. 7C. Ordinance No. 657-B, 1 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. UNOFFICIAL REGULAR CITY COUNCIL MEETING MINUTES, APRIL 1, 2008 Page 6 of 8 st Motion was made to approve Ordinance No. 657-B, 1 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 Tem 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 Tem 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 Morris Mayor Pro Tem UNOFFICIAL REGULAR CITY COUNCIL MEETING MINUTES, APRIL 1, 2008 Page 7 of 8 ATTEST: ______________________________ Lori Payne, TRMC City Secretary UNOFFICIAL REGULAR CITY COUNCIL MEETING MINUTES, APRIL 1, 2008 Page 8 of 8