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Item 4AREGULAR CITY COUNCIL MEETING MINUTES: SEPTEMBER 16, 2008 LOCATION :1400 Main Street, Southlake, Texas Council Chambers in Town Hall CITY COUNCIL PRESENT : Mayor Andy Wambsganss, Mayor Pro Tem John Terrell, Deputy Mayor Pro Tem Gregory Jones and Councilmembers Laura K. Hill, Pamela Muller, Virginia M. Muzyka, and Vernon Stansell. CITY COUNCIL ABSENT :None. 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, Community Relations Officer Pilar Schank, Information Systems Technician Slaven Manning, Interim Director of Community Services Chris Tribble, Deputy Director of Community Services Kerry McGeath, Director of Economic Development Greg Last, Director of Finance Sharen Jackson, Assistant Director of Finance Sean Leonard, Director of Human Resources Kevin Hugman, Fire Chief Michael Starr, Police Chief Robert Finn, Director of Planning and Development Services Ken Baker, Planner II Clayton Comstock, Chief Building Official Paul Ward, Director of Public Works Robert H. Price, Deputy Director of Public Works Gordon Mayer, Operations Manager Chuck Kendrick, Environmental Coordinator Christi Upton, 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 5:15 p.m. Agenda Item No. 2. Invocation. Chaplain of the Month, Scott Berry, gave the invocation. Mayor Wambsganss led the pledge of allegiance. Agenda Item No. 3. Discuss all items on tonight’s meeting agenda. City Council reviewed the agenda items with city staff. The following items were added to the consent agenda: to table Item 6G to the October 7, 2008 City Council meeting and to approve Items 7B, 8A, 8B and 9A. Mayor Wambsganss closed the work session at 5:49 p.m. UNOFFICIAL REGULAR CITY COUNCIL MEETING MINUTES, SEPTEMBER 16, 2008 Page 1 of 14 REGULAR SESSION: Agenda Item No. 1. Call to order. The regular session was called to order by Mayor Wambsganss at 5:49 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 551.074, deliberation regarding personnel matters and Section 551.087, deliberation regarding economic development negotiations. City Council adjourned for Executive Session at 5:49 p.m. An Executive Session was not held. Mayor Pro Tem Terrell and Councilmember Hill had to leave the meeting at 6:00 p.m. but returned later in the evening. Agenda Item No. 2B. Reconvene. Mayor Wambsganss reconvened the regular meeting at 6:53 p.m. Agenda Item No. 3A. Mayor’s Report. Mayor Wambsganss announced upcoming meetings and events. Agenda Item No. 3B. City Manager’s Report. City Manager Yelverton presented details on the City’s hurricane assistance information located on the website for those residents who want to help those recently affected by Hurricane Ike. Agenda Item No. 3B1. Introduction of the new Police Chief and Fire Chief. City Manager Yelverton introduced newly appointed Police Chief Robert Finn and Fire Chief Michael Starr. Agenda Item No. 3C. Financial Report. A written report was provided to Council. Agenda Item No. 3D. Chamber of Commerce Report – Oktoberfest. Giovanna Phillips th with the Southlake Chamber of Commerce presented information on the upcoming 7 Annual Oktoberfest. 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 September 2, 2008, regular City Council meeting. The minutes were approved as presented. Agenda Item No. 4B. Resolution No. 08-041A, Approve joint election agreements with Tarrant County Elections Administration and Denton County Elections Administration and amend election procedures for the November 4, 2008 special Local Option Election to legalize the sale of beer and wine for off-premise consumption only. A presentation was not made on this item. In accordance with Section 4.21 of the City Charter, the caption for this item is listed as follows: UNOFFICIAL REGULAR CITY COUNCIL MEETING MINUTES, SEPTEMBER 16, 2008 Page 2 of 14 A RESOLUTION OF THE CITY OF SOUTHLAKE, TEXAS AMENDING RESOLUTION NO. 08-041 WHICH CALLED FOR A SPECIAL LOCAL OPTION ELECTION PURSUANT TO THE TEXAS ELECTION CODE TO BE HELD ON NOVEMBER 4, 2008 BY APPROVING AGREEMENTS FOR ELECTION SERVICES WITH TARRANT AND DENTON COUNTIES; AND PROVIDING AN EFFECTIVE DATE. Agenda Item No. 4C. Resolution No. 08-049, Request the Texas State Legislature to allow for greater local regulatory oversight of intra-state gas utilities. A presentation was not made on this item. In accordance with Section 4.21 of the City Charter, the caption for this item is listed as follows: A RESOLUTION OF THE CITY OF SOUTHLAKE, TEXAS OPPOSING THE CONTINUED PREEMPTION OF MUNICIPAL REGULATION OF CERTAIN INTRA- STATE GAS UTILITIES; URGING LEGISLATIVE ACTION TO PERMIT GREATER LOCAL REGULATORY OVERSIGHT; AND PROVIDING AN EFFECTIVE DATE. st Agenda Item No. 4D.Ordinance No. 946, 1 Reading, An ordinance adding Chapter 9.5, Article VIII to the Code of Ordinances; providing for the regulation of erosion and sediment control at construction sites within the city of Southlake and establishing an effective date. A presentation was not made on this item. st Agenda Item No. 4E. Ordinance No 483-O, 1 Reading, Amendment to the Subdivision Ordinance No. 483, as amended, as it pertains to the requirements for the installation of underground franchise utilities within the City of Southlake. A presentation was not made on this item. Agenda Item No. 4F. Approve a Southlake Parks Development Corporation (SPDC) matching funds request from the Southlake Historical Society in the amount of $1,000 for the restoration of a historic wagon. A presentation was not made on this item. Agenda Item No. 4G. Approve a Southlake Parks Development Corporation (SPDC) matching funds request from the Bob Jones Nature Center organization in the amount of $1,900 for the purchase of picnic tables for the Bob Jones Nature Center & Preserve. A presentation was not made on this item. Agenda Item No. 4H. Approve a Southlake Parks Development Corporation (SPDC) matching funds request from the Bob Jones Nature Center organization in the amount of $1,500 for the purchase of classroom furniture for Bob Jones Nature Center & Preserve. A presentation was not made on this item. Agenda Item No. 6G. Resolution No. 08-045, Amendments to the City’s Mobility and Master Thoroughfare Plan, an element of the Southlake 2025 Plan, the City’s Comprehensive Master Plan, to include the future alignment of Kirkwood Boulevard, north of State Highway 114, and North Carroll Avenue. A presentation was not made on this item. This item was tabled to the October 7, 2008, City Council meeting. UNOFFICIAL REGULAR CITY COUNCIL MEETING MINUTES, SEPTEMBER 16, 2008 Page 3 of 14 st Agenda Item No. 7B. Ordinance No. 480-440a, 1 Reading (ZA08-076), Zoning Change and Site Plan for Farpointe Wine Cellar on property located at 721 East Southlake Boulevard and described as Lot 1, Block 1, Pecan Creek. Current Zoning: S-P-1 Detailed Site Plan District. Requested Zoning: S-P-1 Detailed Site Plan District. SPIN Neighborhood #9E. Planner Comstock presented this item during the work session. Applicant John Fresine, 17715 Garden Grove Lane, Dallas, Texas answered Council’s questions. Council approved this item subject to the incorporation of the renderings presented during staff’s presentation. Agenda Item No. 8A. Resolution No. 08-047, Appoint members to the Senior Advisory Committee. A presentation was not made on this item. Council appointed Dan McCauley to Place 6 and Craig Hayes to Place 9, Alternate 2. 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, APPOINTING MEMBERS TO THE SENIOR ADVISORY COMMISSION AND PROVIDING AN EFFECTIVE DATE. Agenda Item No. 8B. Resolution No. 08-048, Appoint a member to the Zoning Board of Adjustment. A presentation was not made on this item. Council appointed Laird Fairchild to Place 3. 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, APPOINTING A MEMBER TO THE ZONING BOARD OF ADJUSTMENT; AND PROVIDING AN EFFECTIVE DATE. Agenda Item No. 9A. Consider SP08-208, Variance to Sign Ordinance 704-C for Anderson's Furniture located at 1600 East Southlake Boulevard. Planner Comstock presented this item during the work session. Applicant Rick Sutton of Starlight Sign at 1110 Squires Lane, Aubrey, Texas with store owner, Jill Anderson, answered Council’s questions. After discussion, Council approved this item as follows: approving two signs – one being on the south side and one being on the east side – with back-lit, channel letters, eliminating the west sign as presented, and eliminating all gooseneck light fixtures. Motion was made to approve consent agenda items 4A; 4B; 4C; 4D; 4E; 4F; 4G; 4H; to table item 6G to the October 7, 2008 City Council meeting; 7B subject to the incorporation of the renderings presented during staff’s presentation during the work session; 8A to appoint Dan McCauley to Place 6 and Craig Hayes to Place 9, Alternate 2 with terms expiring May 2010; 8B to appoint Laird Fairchild to Place 3 with a term expiring May 2009; and 9A as follows: approving two signs – one being on the south side and one being on the east side – with back-lit, channel letters, eliminating the west sign as presented, and eliminating all gooseneck light fixtures. Motion: Muzyka UNOFFICIAL REGULAR CITY COUNCIL MEETING MINUTES, SEPTEMBER 16, 2008 Page 4 of 14 Second: Muller Ayes: Jones, Muller, Muzyka, Stansell, Wambsganss Nays: None Approved: 5-0 REGULAR AGENDA: Agenda Item No. 5. Public Forum. Al Penedo, 1318 Oakhurst Drive, Southlake, Texas discussed drainage and flooding problems in his neighborhood. Tim Wood, 1205 Timber Court, Southlake, Texas spoke about the drainage problems at property owned by his mother, Hsiang-Lan (Sunshine) Wood. Mayor Wambsganss closed the public forum. Agenda Item No. 6A. ZA08-061, Revised Site Plan for Watermere at Southlake Clubhouse on property being Lot 4, Block 1, Watermere Addition located at 301 Watermere Drive. Current Zoning: S-P-2 Generalized Site Plan District. SPIN Neighborhood #15. Director Baker presented this item to Council. Applicant Scott Simmons from Watermere made a presentation and answered Council’s questions. No one spoke during the public hearing. Motion was made to approve ZA08-061, Revised Site Plan for Watermere at Southlake Clubhouse as presented by the applicant. Motion: Jones Second: Muzyka Ayes: Jones, Muller, Muzyka, Stansell, Wambsganss Nays: None Approved: 5-0 nd Agenda Item No. 6B. Ordinance No. 480-509A, 2 Reading (ZA08-072), Zoning Change and Development Plan for Cotswold Valley (formerly known as Estancia) on property located at 579 North Kimball Avenue. Current Zoning: R-PUD – Residential Planned Unit Development. Requested Zoning: R-PUD – Residential Planned Unit Development. SPIN Neighborhood #6. Planner Comstock 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 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 TRACT 5A4, SITUATED IN THE SAMUEL FREEMAN SURVEY, ABSTRACT NO. 525, UNOFFICIAL REGULAR CITY COUNCIL MEETING MINUTES, SEPTEMBER 16, 2008 Page 5 of 14 BEING APPROXIMATELY 7.97 ACRES, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT “A” FROM “R-PUD” RESIDENTIAL PLANNED UNIT DEVELOPMENT TO “R-PUD” RESIDENTIAL PLANNED UNIT DEVELOPMENT DISTRICT, AS DEPICTED ON THE APPROVED DEVELOPMENT PLAN, INCLUDING “PUD” DEVELOPMENT STANDARDS, 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. 480-509A, 2 Reading (ZA08-072), Zoning Change and Development Plan for Cotswold Valley. Motion: Jones Second: Muller Ayes: Jones, Muller, Muzyka, Stansell, Wambsganss Nays: None Approved: 5-0 nd Agenda Item No. 6C. Ordinance No. 480-565, 2 Reading (ZA08-050), Zoning Change and Site Plan for CySolutions Office Complex located at 165 South Kimball Avenue. Current Zoning: SF-1A Single Family Residential District. Requested Zoning: S-P-1 Detailed Site Plan District. SPIN Neighborhood #7. Director Baker presented this item to Council. Applicant Aaron Hunsacker with The Sage Group, 1130 North Carroll Avenue, Southlake, Texas 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 TRACT 2, GEORGE W. MAIN SURVEY, ABSTRACT NO. 1098, BEING APPROXIMATELY 1.68 ACRES, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT “A” FROM “SF-1A” SINGLE FAMILY RESIDENTIAL DISTRICT TO “S-P-1” DETAILED SITE PLAN DISTRICT, 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 UNOFFICIAL REGULAR CITY COUNCIL MEETING MINUTES, SEPTEMBER 16, 2008 Page 6 of 14 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. 480-565, 2 Reading (ZA08-050), Zoning Change and Site Plan for CySolutions Office Complex specifically granting the requested variances, noting the applicant’s agreement that the fence will have columns at 30 feet on center, and subject to Site Plan Review Summary No. 3, dated September 9, 2008. Motion: Jones Second: Muzyka Ayes: Jones, Muller, Muzyka, Stansell, Wambsganss Nays: None Approved: 5-0 nd Agenda Item No. 6D. Ordinance No. 480-568, 2 Reading (ZA08-046), Zoning Change and Concept Plan for Lots 22 and 23, T.M. Hood No. 706 Addition on property located at 1340 and 1340B Shady Oaks Drive and described as Tracts 2C, 2C2, 2C2A and 2C2B, T.M. Hood Survey, Abstract No. 706. Current Zoning: AG Agricultural District. Requested Zoning: SF-1A Single Family Residential District. SPIN Neighborhood #11. Director Baker presented this item in conjunction with item 6E. The applicant was present but did not speak. 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 TRACTS 2C, 2C2, 2C2A, & 2C2B, T.M. HOOD SURVEY, ABSTRACT NO. 706, BEING APPROXIMATELY 2.45 ACRES, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT “A” FROM “AG” AGRICULTURAL DISTRICT TO “SF-1A” SINGLE FAMILY RESIDENTIAL DISTRICT, 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. UNOFFICIAL REGULAR CITY COUNCIL MEETING MINUTES, SEPTEMBER 16, 2008 Page 7 of 14 No one spoke during the public hearing. nd Motion was made to approve Ordinance No. 480-568, 2 Reading (ZA08-046), Zoning Change and Concept Plan for Lots 22 and 23, T.M. Hood No. 706 Addition granting the requested variance for the frontage requirement; denying the sidewalk variance request; expanding the easement as previously approved from 10 feet to 15 feet; and further stipulating that the applicant has agreed to connect to sewer once it is reasonably available. Motion: Stansell Second: Jones Ayes: Jones, Muller, Muzyka, Stansell, Wambsganss Nays: None Approved: 5-0 Agenda Item No. 6E. ZA08-047, Plat Showing for Lots 22 and 23, T.M. Hood No. 706 Addition on property located at 1340 and 1340B Shady Oaks Drive and described as Tracts 2C, 2C2, 2C2A and 2C2B, T.M. Hood Survey, Abstract No. 706. Current Zoning: AG Agricultural District. SPIN Neighborhood #11. Director Baker presented this item in conjunction with item 6D. The applicant was present but did not speak. Motion was made to approve ZA08-047, Plat Showing for Lots 22 and 23, T.M. Hood No. 706 Addition subject to Plat Review Summary No. 3, dated August 15, 2008. Motion: Stansell Second: Muller Ayes: Jones, Muller, Muzyka, Stansell, Wambsganss Nays: None Approved: 5-0 Mayor Pro Tem Terrell rejoined the meeting. Agenda Item No. 6F. ZA08-064, Site Plan for Lot 5, Block 22, Southlake Town Square on property located at 125 Central Avenue and described as Lot 5, Block 22, Southlake Town Square. Current Zoning: DT Downtown District. SPIN Neighborhood #8. Planner Comstock presented this item to Council. Applicant Brian Stebbins answered Council’s questions. Councilmember Hill rejoined the meeting. No one spoke during the public hearing. Motion was made to approve ZA08-064, Site Plan for Lot 5, Block 22, Southlake Town Square as presented and subject to Site Plan Review Summary No. 1, dated August 29, 2008. Motion: Jones Second: Terrell UNOFFICIAL REGULAR CITY COUNCIL MEETING MINUTES, SEPTEMBER 16, 2008 Page 8 of 14 Ayes: Hill, Jones, Muller, Muzyka, Stansell, Terrell, Wambsganss Nays: None Approved: 7-0 nd Agenda Item No. 6H. Ordinance No. 942, 2 Reading, Approve and adopt the annual budget for Fiscal Year 2009 and approve the revised budget figures for Fiscal Year 2008 and multi-year Capital Improvement Plan. Director Jackson presented this item in conjunction with items 6I and 6J. 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, APPROVING REVISED BUDGET FIGURES FOR FISCAL YEAR 2008; APPROVING AND ADOPTING THE BUDGET FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2008, AND TERMINATING SEPTEMBER 30, 2009, AND MAKING APPROPRIATIONS FOR EACH DEPARTMENT, PROJECT AND ACCOUNT; REPEALING CONFLICTING ORDINANCES; PROVIDING A SAVINGS AND SEVERABILITY CLAUSE; AND DECLARING AN EFFECTIVE DATE. No one spoke during the public hearing. The Council discussed this item. nd Motion was made to approve Ordinance No. 942, 2 Reading, Approve and adopt the annual budget for Fiscal Year 2009 and approve the revised budget figures for Fiscal Year 2008 and multi-year Capital Improvement Plan as presented. Motion: Terrell Second: Jones Ayes: Hill, Jones, Muzyka, Stansell, Terrell, Wambsganss Nays: Muller Approved: 6-1 nd Agenda Item No. 6I. Ordinance No. 943, 2 Reading, Tax Levy Ordinance. Director Jackson presented this item in conjunction with items 6H and 6J. 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, FIXING AND LEVYING MUNICIPAL AD VALOREM TAXES FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2008 AND ENDING SEPTEMBER 30, 2009, AND FOR EACH YEAR THEREAFTER UNTIL OTHERWISE PROVIDED, AT THE RATE OF $0.462 PER ONE HUNDRED DOLLARS ($100.00) ASSESSED VALUE ON ALL TAXABLE PROPERTY WITHIN THE CORPORATE LIMITS OF THE CITY OF SOUTHLAKE, TEXAS, AS OF JANUARY 1, 2008, TO PROVIDE REVENUES FOR THE PAYMENT OF CURRENT EXPENSES AND TO PROVIDE AN INTEREST AND SINKING FUND ON ALL OUTSTANDING DEBTS OF THE CITY; DIRECTING THE ASSESSMENT THEREOF; PROVIDING FOR DUE AND DELINQUENT DATES TOGETHER WITH PENALTIES AND INTEREST THEREON; PROVIDING FOR UNOFFICIAL REGULAR CITY COUNCIL MEETING MINUTES, SEPTEMBER 16, 2008 Page 9 of 14 PLACE OF PAYMENT; PROVIDING FOR APPROVAL OF THE TAX ROLLS PRESENTED TO THE CITY COUNCIL; PROVIDING FOR THE REPEAL OF INCONSISTENT ORDINANCES; PROVIDING FOR A SEVERABILITY CLAUSE; AND DECLARING AN EFFECTIVE DATE. Mayor Wambsganss opened the public hearing. Greg Standerfer asked Council to not cut taxes in these uncertain economic times and leave the property tax exemption as it is proposed. Mayor Wambsganss closed the public hearing. nd Motion was made to approve Ordinance No. 943, 2 Reading, Tax Levy Ordinance and move that the property taxes be increased by the adoption of a tax rate of $0.462. Motion: Terrell Second: Muzyka Ayes: Hill, Jones, Muzyka, Stansell, Terrell, Wambsganss Nays: Muller Approved: 6-1 nd Agenda Item No. 6J. Ordinance No. 944, 2 Reading, Approve an ordinance of the City of Southlake, Texas, providing for a residential homestead property tax exemption; providing that this ordinance shall be cumulative of all ordinances; providing a severability clause; providing a publication clause; and providing an effective date. Director Jackson presented this item in conjunction with items 6H and 6I. 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, PROVIDING FOR A RESIDENTIAL HOMESTEAD PROPERTY TAX EXEMPTION; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PUBLICATION CLAUSE; AND PROVIDING AN EFFECTIVE DATE. No one spoke during the public hearing. nd Motion was made to approve Ordinance No. 944, 2 Reading, Approve an ordinance of the City of Southlake, Texas, providing for a residential homestead property tax exemption; providing that this ordinance shall be cumulative of all ordinances; providing a severability clause; providing a publication clause; and providing an effective date as presented. Motion: Terrell Second: Jones Ayes: Hill, Jones, Muller, Muzyka, Stansell, Terrell, Wambsganss Nays: None Approved: 7-0 UNOFFICIAL REGULAR CITY COUNCIL MEETING MINUTES, SEPTEMBER 16, 2008 Page 10 of 14 nd Agenda Item No. 6K. Ordinance No. 945, 2 Reading, Approve a negotiated resolution between the Atmos Cities Steering Committee and Atmos Energy Corp., Mid-Tex Division (“Atmos Mid-Tex or “The Company”) regarding the company’s rate review mechanism filing in all cities exercising original jurisdiction; declaring existing rates to be unreasonable; adopting tariffs that reflect rate adjustments consistent with the negotiated settlement and finding the rates to be set by the attached tariffs to be just and reasonable; approving Atmos’ proof of revenues; adopting a savings clause; determining that this ordinance was passed in accordance with the requirements of the Texas Open Meetings Act; declaring an effective date; and requiring delivery of this ordinance to the company and legal counsel. Mayor Wambsganss 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, ("CITY") APPROVING A NEGOTIATED RESOLUTION BETWEEN THE ATMOS CITIES STEERING COMMITTEE AND ATMOS ENERGY CORP., MID-TEX DIVISION ("ATMOS MID-TEX" OR "THE COMPANY") REGARDING THE COMPANY'S RATE REVIEW MECHANISM FILING IN ALL CITIES EXERCISING ORIGINAL JURISDICTION; DECLARING EXISTING RATES TO BE UNREASONABLE; ADOPTING TARIFFS THAT REFLECT RATE ADJUSTMENTS CONSISTENT WITH THE NEGOTIATED SETTLEMENT AND FINDING THE RATES TO BE SET BY THE ATTACHED TARIFFS TO BE JUST AND REASONABLE; APPROVING ATMOS' PROOF OF REVENUES; ADOPTING A SAVINGS CLAUSE; DETERMINING THAT THIS ORDINANCE WAS PASSED IN ACCORDANCE WITH THE REQUIREMENTS OF THE TEXAS OPEN MEETINGS ACT; DECLARING AN EFFECTIVE DATE; AND REQUIRING DELIVERY OF THIS ORDINANCE TO THE COMPANY AND LEGAL COUNSEL. No one spoke during the public hearing. nd Motion was made to approve Ordinance No. 945, 2 Reading, Approve a negotiated resolution between the Atmos Cities Steering Committee and Atmos Energy Corp., Mid- Tex Division (“Atmos Mid-Tex or “The Company”) regarding the company’s rate review mechanism filing in all cities exercising original jurisdiction; declaring existing rates to be unreasonable; adopting tariffs that reflect rate adjustments consistent with the negotiated settlement and finding the rates to be set by the attached tariffs to be just and reasonable; approving Atmos’ proof of revenues; adopting a savings clause; determining that this ordinance was passed in accordance with the requirements of the Texas Open Meetings Act; declaring an effective date; and requiring delivery of this ordinance to the company and legal counsel. Motion: Terrell Second: Hill Ayes: Hill, Jones, Muller, Muzyka, Stansell, Terrell, Wambsganss Nays: None Approved: 7-0 UNOFFICIAL REGULAR CITY COUNCIL MEETING MINUTES, SEPTEMBER 16, 2008 Page 11 of 14 Mayor Wambsganss called for a break at 8:08 p.m. and reconvened the meeting at 8:26 p.m. st Agenda Item No. 7A. Ordinance No. 480-564, 1 Reading (ZA08-031), Zoning Change and Development Plan for Carillon Southlake on property located at the northeast corner of East State Highway 114 and North White Chapel Boulevard and described as Tracts 1, 2, 3A, 3A1, 3A3, 3A4, 3A4A, 3A5, 3B, 3B1, and 3B2, Larkin H. Chivers Survey, Abstract No. 300 and Tracts 3 and 4A1, Absolom H. Chivers Survey, Abstract No. 299. Said property also being currently addressed 1500 and 1900 North Carroll Avenue, 1801 North White Chapel Boulevard, and 100, 202, 250, 300, 320, and 350 East State Highway 114. Current Zoning: NR-PUD Non-Residential Planned Unit Development District and C-2 Local Retail Commercial District. Requested Zoning: ECZ Employment Center Zoning District. SPIN Neighborhood #5. Director Baker presented this item to Council. Applicant Jeff Kennemer of Hines Development, 5215 North O’Connor Boulevard, Irving, Texas made a presentation and answered Council’s questions. Paul McCracken and Emily Drake with Jacobs Carter and Burgess answered Council’s questions. Steve Chilton with Opus West answered Council’s questions. Council discussed this item and asked questions of the presenters. Mayor Wambsganss allowed the public to speak. The following people spoke in opposition to this item: Kathleen V. Simpson, 104 Brentwood Circle, Southlake, Texas; Jason Whitmire, 2012 Woodbine, Southlake, Texas; Douglas Harsy, 2804 Tyler Street, Southlake, Texas; D. Todd Parrish, 1313 Bay Meadows, Southlake, Texas; David Alexander, 904 Quail Creek Court, Southlake, Texas; Kenneth Horne, 1215 Ashmoore Court, Southlake, Texas; Joe Garcia, 809 Silverton, Southlake, Texas; Jin Liu, 1106 Del Mar Drive, Southlake, Texas; and, Scott Nguyen, 1100 Bay Meadows Drive, Southlake, Texas. The following people spoke in support of this item: Kevin Archer, 808 Longford Drive, Southlake, Texas; Randall McCauley, 2805 Carrick, Southlake, Texas; and, Anthony Erickson, 301 Clariden Ranch Road, Southlake, Texas. The following people filled out comment cards in opposition but did not wish to speak: Jim Boudreaux, 1510 North Carroll Avenue, Southlake, Texas; Donna and Eric Bradle, 451 Marshall Road, Southlake, Texas; Christi and Jeffrey Paul Brennan, 431 Marshall Road, Southlake, Texas; Liz and Tom Carroll, 2020 Vail Road, Southlake, Texas; UNOFFICIAL REGULAR CITY COUNCIL MEETING MINUTES, SEPTEMBER 16, 2008 Page 12 of 14 Jimmy Death, 901 Aspen Ridge Drive, Southlake, Texas; Annie and John Dumbleton, 2804 Linden Lane, Southlake, Texas; Chris and Elaine Ensenberger, 1505 North Carroll Avenue, Southlake, Texas; David and Karen Flexer, 917 Silverton Street, Southlake, Texas; Chet and Marie Foraker, 2802 Tyler Street, Southlake, Texas; Lisa and Stan Fore, 1101 Bay Meadows Drive, Southlake, Texas; Mark J. Fragia, 526 Round Hollow Lane, Southlake, Texas; Jan and Jere Francis, 1211 Ashmoore Court, Southlake, Texas; Richard and Tonia Harshaw, 541 Round Hollow Lane, Southlake, Texas; Boyd Herndon, 1201 Ashmoore Court, Southlake, Texas; George and Lou Ann Heath, 1100 Primrose, Southlake, Texas; Jennie Hocking, 1515 North Carroll Avenue, Southlake, Texas; John Jay, 540 Round Hollow Lane, Southlake, Texas; Barbara and Barry Johnson, 1408 Whispering Dell Court, Southlake, Texas; Jeffrey Johnson, 2606 North Carroll Avenue, Southlake, Texas; Kim Lee, 775 Black Forest Court, Southlake, Texas; Gloria Lorio, 1212 Ashmoore Court, Southlake, Texas; Mick and Peggy Martin, 630 Castle Rock Drive, Southlake, Texas; Suzy Matin, Idlewood, Southlake, Texas; Janelle and Neil McNabnay, 419 Marshall Road, Southlake, Texas; Paul and Rhonda Moorefield, 2004 Vail Road, Southlake, Texas; Cami Moseley, 445 Marshall Road, Southlake, Texas; Ken Phillips, 774 Castle Rock, Southlake, Texas; Brian Pierret, 845 East Dove Road, Southlake, Texas; Michelle and Shane Platt, 2104 Woodbine Circle, Southlake, Texas; Tim Raley, 440 West Highland Street, Southlake, Texas; Ben and Dona Robinson, 454 Marshall Road, Southlake, Texas; Linda and Tim Rooney, 904 Silverton Street, Southlake, Texas; Cary Rosenberg, 504 Round Hollow Lane, Southlake, Texas; Patricia Sharkey, 404 Marshall Road, Southlake, Texas; Tim Shen, 2105 Woodbine Circle, Southlake, Texas; John Thomas, 2113 Vail Road, Southlake, Texas; Beckie and John Underwood, 1407 Whispering Dell Court, Southlake, Texas; Jennifer Welday, 530 Round Hollow Lane, Southlake, Texas; Karen Whitaker, 505 San Jaun Drive, Southlake, Texas; Marvin Williams, 1525 North Carroll Avenue, Southlake, Texas; Jamie and Jolene Wooldridge, 404 Stockton Drive, Southlake, Texas; and, Alex and Karen Zaal, 1203 Ashmoore Court, Southlake, Texas. The following people filled out comment cards in support but did not wish to speak: Susan Ansley, 607 Loving Court, Southlake, Texas; Andrea Becicka, 423 Marshall Road, Southlake, Texas; Sandy Boyd, 140 East Southlake Boulevard, Southlake, Texas; Brad Cavnar, 1501 Corporate Circle, Suite 100, Southlake, Texas; Kristina Hayes, 1208 Golden Gate Drive, Southlake, Texas; UNOFFICIAL REGULAR CITY COUNCIL MEETING MINUTES, SEPTEMBER 16, 2008 Page 13 of 14 Carolyn Hobbs, 1404 Chimney Works Drive, Southlake, Texas; Merlene Ingraham, 5902 Crescent Lane, Colleyville, Texas; Don Johnson, 817 Pearl, Southlake, Texas; Jim Patterson, 2708 Miles City Court, Southlake, Texas; Tommy Pennington; Giovanna Phillips, 1501 Corporate Circle, Southlake, Texas; Michael L. Waldman, 713 Longford Drive, Southlake, Texas; Ray Tremain, 1410 Kensington Court, Southlake, Texas; and, Brian Zvonecek, 513 Fox Glen, Southlake, Texas. Sid Lorio, 1212 Ashmoore Court, Southlake, Texas filled out a comment card but did not state a position. st Motion was made to table Ordinance No. 480-564, 1 Reading (ZA08-031), Zoning Change and Development Plan for Carillon Southlake to the October 7, 2008 City Council meeting. Motion: Terrell Second: Muzyka Ayes: Hill, Jones, Muller, Muzyka, Stansell, Terrell, Wambsganss Nays: None Tabled: 7-0 Agenda Item No. 11. Meeting adjourned. Mayor Wambsganss adjourned the meeting at 10:25 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, SEPTEMBER 16, 2008 Page 14 of 14