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Item 4A1 REGULAR CITY COUNCIL MEETING MINUTES: APRIL 15, 2008 LOCATION :1400 Main Street, Southlake, Texas Council Chambers in Town Hall CITY COUNCIL PRESENT : Mayor Andy Wambsganss, Mayor Pro Tem Carolyn Morris, and Councilmembers Laura K. Hill, Gregory Jones, Vernon Stansell and John Terrell. CITY COUNCIL ABSENT :Deputy Mayor Pro Tem Virginia M. Muzyka. 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, Office Assistant Elsie Rice, Manager of Information Systems Gary Gregg, Director of Community Services Steve Polasek, Deputy Director of Community Services Chris Tribble, Deputy Director of Community Services Kerry McGeath, Youth Services Librarian Jesse Ephraim, Administrative Secretary Nancy Roper, 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, Deputy Director of Planning and Development Services Dennis Killough, Chief Building Official Paul Ward, Planner Clayton Comstock, Administrative Secretary Lorrie Fletcher, Director of Public Works Robert H. Price, Deputy Director of Public Works Gordon Mayer, Civil Engineer Cheryl Taylor, Administrative Secretary Denise Artho, Administrative Secretary Linda Sadler, City Attorney E. Allen Taylor and City Secretary Lori Payne. WORK SESSION: Agenda Item No. 1. Call to order. The work session was called to order by Mayor Wambsganss at 5:17 p.m. Agenda Item No. 2. Invocation: Eric Hulet from Grace Community Church gave the invocation. Mayor Wambsganss led the pledge of allegiance. Agenda Item No. 3. Proclamation for Administrative Professionals Day 2008. Mayor Wambsganss read the proclamation and presented it to the following City administrative professionals: Denise Artho, Lorrie Fletcher, Elsie Rice, Nancy Roper, and Linda Sadler. Agenda Item No. 4. Leadership Southlake - Bicentennial Sponsorship Program. Kai Fischer presented this item on behalf of the Leadership Southlake team. UNOFFICIAL REGULAR CITY COUNCIL MEETING MINUTES, APRIL 15, 2008 Page 1 of 10 Agenda Item No. 5. Discussion on Southlake Boulevard deceleration lanes. Civil Engineer Taylor presented this item to Council. Director Price and Deputy Director Mayer answered Council’s questions. Agenda Item No. 6. Discuss all items on tonight’s meeting agenda. City Council reviewed the agenda items with city staff. Items 9A, 9B and 9C were added to the consent agenda. Mayor Wambsganss announced that a special meeting will be held on April 23 to allow for public input on the oil and gas drilling items (Items 7A and 7B). He stated Council will not take public comment tonight but at that meeting instead. Mayor Wambsganss closed the work session at 6:25 p.m. REGULAR SESSION: Agenda Item No. 1. Call to order. The regular session was called to order by Mayor Wambsganss at 6:25 p.m. Councilmember Hill left the meeting at 6:25 p.m. and returned at 7:28 p.m. Agenda Item No. 2A. Executive Session. Mayor Wambsganss announced City Council would be going into Executive Session pursuant to the Texas Government Code Section 551.071, consultation with attorney; Section 551.072, deliberation regarding real property; Section 551.074, deliberation regarding personnel matter; and Section 551.087, deliberation regarding economic development negotiations. City Council adjourned for Executive Session at 6:25 p.m. Executive Session began at 6:50 p.m. and ended at 7:53 p.m. Agenda Item No. 2B. Reconvene. Mayor Wambsganss reconvened the regular meeting 7:58 p.m. and asked if any action was necessary from Executive Session. Motion was made to authorize city staff to negotiate a land purchase contract on the property that was discussed in executive session under the general terms presented by staff. Motion: Morris Second: Terrell Ayes: Hill, Jones, Morris, Stansell, Terrell, Wambsganss Nays: None Approved: 6-0 Agenda Item No. 3A. Mayor’s Report. Mayor Wambsganss announced upcoming meetings and events. UNOFFICIAL REGULAR CITY COUNCIL MEETING MINUTES, APRIL 15, 2008 Page 2 of 10 Agenda Item No. 3A1. Special presentations to recipients of “Dragons Thinking Green” essay contest. Mayor Wambsganss introduced Terri Schrobilgen of OurGreatCity.com who presented this item. Mayor Wambsganss and Ms. Schrobilgen presented each of the following winners with a certificate of recognition for their winning essays: Rohan Rao from Carroll Elementary, Stephen Borkowski from Durham Intermediate, and Lindsay Lipshultz from Eubanks Intermediate. She also recognized Colin Kober from Old Union Elementary and Emily Cutler from Eubanks Intermediate who could not attend this evening’s meeting. Agenda Item No. 3A2. Proclamation for National Library Week 2008. Mayor Wambsganss presented the proclamation to Library Board President Lori Burr and Youth Services Librarian Jesse Ephraim. James Williams also made a presentation on behalf of Congressman Kenny Marchant’s office in honor of National Library Week. Agenda Item No. 3B. City Manager’s Report. A report was not given. Agenda Item No. 3C. Financial Report. A written report was provided 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. 4A. Approve the minutes from the April 1, 2008, regular City Council meeting.A presentation was not made on this item. Agenda Item No. 4B. Approve a joint election agreement and contract for election services with Tarrant County Elections Administration for the May 10, 2008 General Election and the May 10, 2008 Special Election. A presentation was not made on this item. Agenda Item No. 4C. Approve Change Order No. 1 to Amendment No. 1 to the Construction Manager at Risk contract with Lee Lewis Construction, Inc. in the amount of $23,294,853 for the construction of the new DPS headquarters. A presentation was not made on this item. Agenda Item No. 4D. Approve SPDC matching funds request from the Southlake Girls Softball Association in the amount of $5,000 for the purchase of tournament play outfield fencing. A presentation was not made on this item. st Agenda Item No. 4E. Ordinance No. 483-L, 1 Reading, miscellaneous amendments to the Subdivision Ordinance No. 483, as amended, including but not limited to minimum lot width standards and regulations pertaining to panhandle lots. A presentation was not made on this item. st Agenda Item No. 4F. Ordinance No. 480-SSS, 1 Reading, an amendment to the Comprehensive Zoning Ordinance No. 480, as amended, as it pertains to Development Regulations on properties within the City of Southlake which are not currently regulated UNOFFICIAL REGULAR CITY COUNCIL MEETING MINUTES, APRIL 15, 2008 Page 3 of 10 by the City’s Corridor Overlay Zone or Residential Adjacency Standards. A presentation was not made on this item. Agenda Item No. 4G. Consider SP08-079, Variance to Sign Ordinance No. 704-C for a temporary sign for Watermere located at 2807 West Southlake Boulevard. A presentation was not made on this item. st Agenda Item No. 4H. 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. This item was administratively tabled to the May 6, 2008, City Council meeting. Agenda Item No. 4I. 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. This item was administratively tabled to the May 6, 2008, City Council meeting. st Agenda Item No. 4J. Ordinance No. 480-555, 1 Reading (ZA07-058), Zoning Change and Development Plan for East Haven Addition on property being legally described as Lots 7R, 8R, 20R, and 21R, East Haven Addition and Tracts 1A, 2A, 2A2, 2A3, and 2B1, Hollingsworth & Barnett Survey, Abstract No. 787 and located along Haven Circle (formerly known as East and West Perry Circle) and along the south side of the 900 block of East Continental Boulevard. Current Zoning: I1 Light Industrial District and AG Agricultural District. Requested Zoning: R-PUD Residential Planned Unit Development District. SPIN Neighborhood #9e. This item was administratively tabled to the May 6, 2008, City Council meeting. Agenda Item No. 9A. Approve recommendation for the placement of red light cameras at State Highway 114 and Gateway and F.M. 1709 and Pearson. A presentation was not made on this item. Agenda Item No. 9B. Approve an amendment to Exhibit A of the contract with Republic Waste Services of Texas to adjust the rates for commercial and industrial customers. A presentation was not made on this item. Agenda Item No. 9C. Approve SPDC matching funds request from the Southlake DPS Citizens Association in the amount of $100,000 for the construction of Bicentennial Park Safety Town. Director Polasek presented this item to Council during the work session. Motion was made to approve items 4A; 4B; 4C; 4D; 4E; 4F; 4G; to administratively table items 4H, 4I, and 4J to the May 6, 2008 City Council meeting; and to add and approve items 9A; 9B; and 9C. Motion: Terrell UNOFFICIAL REGULAR CITY COUNCIL MEETING MINUTES, APRIL 15, 2008 Page 4 of 10 Second: Jones Ayes: Hill, Jones, Morris, Stansell, Terrell, Wambsganss Nays: None Approved: 6-0 REGULAR AGENDA Agenda Item No. 5. Public Forum. Jennifer Johnson, 404 Wellington Court, Southlake, Texas, presented information on www.cp80.com regarding internet decency and asked for City Council’s support and community involvement. Councilmember Hill stated the SPARK committee supports this initiative and asked Council and staff to place an item on the next City Council meeting agenda to allow Council’s consideration. Mayor Wambsganss closed the public forum. nd Agenda Item No. 6A. Ordinance No. 657-B, 2 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 presented this item to Council and answered their questions. In accordance with Section 4.21 of the City Charter, the caption for this item is listed as follows: 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 IMPROVEMENTS 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 UNOFFICIAL REGULAR CITY COUNCIL MEETING MINUTES, APRIL 15, 2008 Page 5 of 10 REVENUE COLLECTED FROM WATER, WASTEWATER AND ROADWAY IMPACT FEES INTO WATER AND WASTEWATER FACILITIES IMPACT FEE ACCOUNTS AND ROADWAY IMPACT FEE ACCOUNTS ESTABLISHED FOR THOSE PURPOSES; PROVIDING FOR OFFSETS AND CREDITS; PROVIDING FOR REFUNDS 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. No one spoke during the public hearing. nd Motion was made to approve Ordinance No. 657-B, 2 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, as presented. Motion: Terrell Second: Jones Ayes: Hill, Jones, Morris, Stansell, Terrell, Wambsganss Nays: None Approved: 6-0 nd Agenda Item No. 6B. Ordinance No. 915-A, 2 Reading, Amend Ordinance No. 915 amending Fiscal Year 2008 Annual Budget. Director Jackson 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, REVISING BUDGET FIGURES FOR FISCAL YEAR 2008 BEGINNING OCTOBER 1, 2007, AND TERMINATING SEPTEMBER 30, 2008, AND MAKING APPROPRIATIONS FOR EACH DEPARTMENT, PROJECT AND ACCOUNT; REPEALING CONFLICTING ORDINANCES; PROVIDING A SAVINGS AND SEVERABILITY CLAUSE; AND DECLARING AN EFFECTIVE DATE. UNOFFICIAL REGULAR CITY COUNCIL MEETING MINUTES, APRIL 15, 2008 Page 6 of 10 No one spoke during the public hearing. nd Motion was made to approve Ordinance No. 915-A, 2 Reading, Amend Ordinance No. 915 amending Fiscal Year 2008 Annual Budget as presented. Motion: Terrell Second: Jones Ayes: Hill, Jones, Morris, Stansell, Terrell, Wambsganss Nays: None Approved: 6-0 nd Agenda Item No. 6C. 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. Deputy Director Killough presented this item to Council in conjunction with item 6D. Applicant Mike Ferguson 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; GRANTING A ZONING CHANGE ON A CERTAIN TRACT OR TRACTS OF LAND WITHIN THE CITY OF SOUTHLAKE, TEXAS BEING LEGALLY DESCRIBED AS LOTS 1 & 2R, BLOCK 3, CORNERSTONE BUSINESS PARK ADDITION, BEING APPROXIMATELY 3.17 ACRES, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT “A” FROM “O-1” OFFICE DISTRICT TO “S-P-1” DETAILED SITE PLAN DISTRICT WITH “O-1” OFFICE 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. Mayor Wambsganss opened the public hearing. Greg Standerfer, 1130 North Carroll Avenue, Southlake, Texas spoke in support of this development. Mayor Wambsganss closed the public hearing. UNOFFICIAL REGULAR CITY COUNCIL MEETING MINUTES, APRIL 15, 2008 Page 7 of 10 nd Motion was made to approve 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 granting the driveway stacking variance as requested and subject to Site Plan Review Summary No. 5, dated April 9, 2008 and accepting the applicant’s agreement to meet the city’s ordinance on the fence at the time of the construction on Lot 2 and accepting applicant’s agreement that all three monument signs will be the same. Motion: Jones Second: Terrell Ayes: Hill, Jones, Stansell, Terrell, Wambsganss Nays: Morris Approved: 5-1 Agenda Item No. 6D. 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. Deputy Director Killough presented this item to Council in conjunction with item 6C. Applicant Mike Ferguson made a presentation and answered Council’s questions. Motion was made to approve ZA07-111, Plat Revision for Lots 1R1, 1R2, 2R1, 2R2, and 2R3, Block 3, Cornerstone Business Park subject to Plat Review Summary No. 2, dated September 28, 2007. Motion: Jones Second: Terrell Ayes: Hill, Jones, Stansell, Terrell, Wambsganss Nays: Morris Approved: 5-1 Agenda Item No. 6E. ZA07-158, Site Plan for Stratfort Gardens Office Park on property being legally described as Tract 3A, H. Granberry Survey, Abstract No. 581 and located at 425 West Southlake Boulevard. Current Zoning: C2 Local Retail Commercial District. SPIN Neighborhood #14. Deputy Director Killough presented this item to Council in conjunction with item 6F. Applicant Kosse Maykus made a presentation and answered Council’s questions. No one spoke during the public hearing. Motion was made to approve ZA07-158, Site Plan for Stratfort Gardens Office Park, subject to the applicant’s presentation made this evening; subject to the recommendations of the Planning and Zoning Commission; and subject to Site Plan Summary No. 4, dated April 9, 2008, granting requested variances. Motion: Terrell UNOFFICIAL REGULAR CITY COUNCIL MEETING MINUTES, APRIL 15, 2008 Page 8 of 10 Second: Morris Ayes: Hill, Jones, Morris, Stansell, Terrell, Wambsganss Nays: None Approved: 6-0 Agenda Item No. 6F. ZA07-159, Plat Showing for Lots 4-5, Block 2, Stratfort Gardens, being approximately 2.18 acres described as Tract 3A, H. Granberry Survey, Abstract No. 581, located at 425 West Southlake Boulevard. Current Zoning: C-2 Local Retail Commercial District. SPIN Neighborhood #14. Deputy Director Killough presented this item to Council in conjunction with item 6E. Applicant Kosse Maykus made a presentation and answered Council’s questions. Motion was made to approve ZA07-159, Plat Showing for Lots 4-5, Block 2, Stratfort Gardens, subject to Plat Review Summary No. 4, dated April 9, 2008, specifically granting the requested variance on street frontage and subject to the recommendations of the Planning and Zoning Commission. Motion: Terrell Second: Morris Ayes: Hill, Jones, Morris, Stansell, Terrell, Wambsganss Nays: None Approved: 6-0 Mayor Wambsganss called for a break at 9:20 p.m. and reconvened the meeting at 9:40 p.m. Mayor Wambsganss reiterated that a special meeting will be held on April 23 to allow for public input on the oil and gas drilling items (Items 7A and 7B). He stated Council will not take public comment tonight but at that meeting instead. st Agenda Item No. 7A. Ordinance No. 480-RRR, 1 Reading, an amendment to the Comprehensive Zoning Ordinance No. 480, as amended, as it pertains to oil and gas drilling and production. Director Baker presented this item to Council in conjunction with item 7B. Director Price presented information on the road repair agreement. The Mayor asked the Oil and Gas Task Force members to discuss the process and give any comments they may have. Mayor Pro Tem Morris and Councilmember Terrell discussed the process. The Council discussed this ordinance and any proposed changes. st Motion was made to approve Ordinance No. 480-RRR, 1 Reading, an amendment to the Comprehensive Zoning Ordinance No. 480, as amended, as it pertains to oil and gas drilling and production, as presented with changes discussed this evening. Motion: Terrell Second: Jones Ayes: Hill, Jones, Morris, Stansell, Terrell, Wambsganss UNOFFICIAL REGULAR CITY COUNCIL MEETING MINUTES, APRIL 15, 2008 Page 9 of 10 Nays: None Approved: 6-0 st Agenda Item No. 7B. Ordinance No. 880-A, 1 Reading, Amending Section 9.5, Article IV, of the Southlake City Code regarding oil and gas well drilling and production. Director Baker presented this item to Council in conjunction with item 7A. Director Price presented information on the road repair agreement. Council discussed this item in conjunction with item 7A. st Motion was made to approve Ordinance No. 880-A, 1 Reading, Amending Section 9.5, Article IV, of the Southlake City Code regarding oil and gas well drilling and production as presented with changes discussed this evening. Motion: Terrell Second: Jones Ayes: Hill, Jones, Morris, Stansell, Terrell, Wambsganss Nays: None Approved: 6-0 Agenda Item No. 11. Meeting adjourned. Mayor Wambsganss adjourned the meeting at 10:37 p.m. *An audio recording of this meeting will be permanently retained in the City Secretary’s Office. ______________________________ Andy Wambsganss Mayor ATTEST: ______________________________ Lori Payne, TRMC City Secretary UNOFFICIAL REGULAR CITY COUNCIL MEETING MINUTES, APRIL 15, 2008 Page 10 of 10