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Item 4AREGULAR CITY COUNCIL MEETING MINUTES: SEPTEMBER 2, 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, Manager of Technical Services Gary Gregg, 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 Sharon Guess, Assistant Director of Finance Sean Leonard, Director of Human Resources Kevin Hugman, Interim Chief of Police Services Robert Finn, Interim Fire Chief Mike Starr, Director of Planning and Development Services Ken Baker, Deputy Director of Planning and Development Services Dennis Killough, 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 4:09 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. FY2009 Budget. City Manager Yelverton presented this item to Council. She discussed the following areas: how the City is achieving fiscal health; the various revenue funds; the multi-year projections; the target budget process; expenditures; debt management initiatives; and various fund balances. City Manager Yelverton finished her initial presentation by discussing long-term fiscal wellness. Assistant City Manager Thatcher, Director Price, Interim Director Tribble and Director Baker presented the Capital Improvement Program to Council. Council discussed this item and asked questions of staff. UNOFFICIAL REGULAR CITY COUNCIL MEETING MINUTES, SEPTEMBER 2, 2008 Page 1 of 10 Agenda Item 4. Erosion and Sediment Control. Director Price presented this item to Council and answered Council’s questions. Agenda Item No. 5. 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 6A to the September 16, 2008 City Council meeting and to approve item 9A. Mayor Wambsganss closed the work session at 5:48 p.m. REGULAR SESSION: Agenda Item No. 1. Call to order. The regular session was called to order by Mayor Wambsganss at 5:48 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; 551.072 and Section 551.087, deliberation regarding economic development negotiations. City Council adjourned for Executive Session at 5:48 p.m. Executive Session began at 6:23 p.m. Executive Session ended at 6:55 p.m. Agenda Item No. 2B. Reconvene. Mayor Wambsganss reconvened the regular meeting at 7:06 p.m. and asked if any action was necessary from Executive Session. No action was necessary. Agenda Item No. 3A. Mayor’s Report. Mayor Wambsganss announced upcoming meetings and events. Agenda Item No. 3A1. Proclamation for Polycystic Kidney Disease Awareness Month. Mayor Wambsganss presented the proclamation to Carolyn Morris, Jamie Cadiz and the McMillan family whose daughter, Lauren, is a poster child for this year’s PKD Children’s Walk. Agenda Item No. 3A2. Proclamation in recognition of the Southlake Green Dragons winning the USSSA 16U State Baseball Championship. Mayor Wambsganss presented the proclamation to Coach Dan Tanksley and team members for their recent win of the State baseball championship. Agenda Item No. 3B.City Manager’s Report. A report was not given. Agenda Item No. 3C. Parks and Recreation Board Report. Park Board member Julie Landesberg updated Council on upcoming park activities and meetings. UNOFFICIAL REGULAR CITY COUNCIL MEETING MINUTES, SEPTEMBER 2, 2008 Page 2 of 10 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 August 19, 2008, regular City Council meeting. A presentation was not made on this item. The minutes were approved as presented. Agenda Item No. 4B.Excuse a City Council member for absences from meetings. The Council excused the absences of Deputy Mayor Pro Tem Jones from the August 5 and the August 19, 2008 City Council meetings. Agenda Item No. 4C. Resolution No. 08-046, Annual review of Investment Policy and Investment Strategies. 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 COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS, ANNUAL REVIEW OF INVESTMENT POLICY AND INVESTMENT STRATGIES. st Agenda Item No. 4D. Ordinance No. 945, 1 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. A presentation was not made on this item. st Agenda Item No. 4E. Ordinance No. 480-509A, 1 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. A presentation was not made on this item. 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. The applicant requested to table this item to the September 16, 2008 City Council meeting. After discussing the large number of items already on that agenda, Council agreed to table this item to the September 16, 2008 meeting or a later meeting depending on a case management analysis. Agenda Item No. 9A. Award a construction contract to Legacy Contracting, LP in the amount of $776,867 for the wholesale meter station improvements and provide for UNOFFICIAL REGULAR CITY COUNCIL MEETING MINUTES, SEPTEMBER 2, 2008 Page 3 of 10 construction phase contingencies or reject all bids. Deputy Director Mayer presented this item to Council during the work session. Motion was made to approve consent agenda items 4A; 4B to excuse the absences of Deputy Mayor Pro Tem Jones from the August 5 and the August 19, 2008 City Council meetings; 4C; 4D; 4E; to table item 6A to the September 16, 2008 City Council meeting or a later meeting depending on a case management analysis; and to approve 9A. Motion: Terrell Second: Hill Ayes: Hill, Jones, Muller, Muzyka, Stansell, Terrell, Wambsganss Nays: None Approved: 7-0 REGULAR AGENDA: Agenda Item No. 5. Public Forum. No one spoke. nd Agenda Item No. 6B. Ordinance No. 480-566, 2 Reading (ZA08-056), Zoning Change and Concept Plan for Lots 9 – 12, J.H. Childress No. 254 Addition on property located at 3010 Lake Drive. Current Zoning: AG Agricultural District. Requested Zoning: SF-20B Single Family Residential District. SPIN Neighborhood #3. Director Baker presented this item in conjunction with item 6C. 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 3D02, JOHN HEIRS CHILDRESS SURVEY, ABSTRACT NO. 254, BEING APPROXIMATELY 1.977 ACRES, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT “A” FROM “AG” AGRICULTURAL DISTRICT TO “SF-20B” 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. No one spoke during the public hearing. UNOFFICIAL REGULAR CITY COUNCIL MEETING MINUTES, SEPTEMBER 2, 2008 Page 4 of 10 nd Motion was made to approve Ordinance No. 480-566, 2 Reading (ZA08-056), Zoning Change and Concept Plan for Lots 9 – 12, J.H. Childress No. 254 Addition, as presented, noting the requested variance on the tree canopy cover, and subject to Concept Plan Review Summary No. 2, dated August 1, 2008. Motion: Stansell Second: Terrell Ayes: Hill, Jones, Muller, Muzyka, Stansell, Terrell, Wambsganss Nays: None Approved: 7-0 Agenda Item No. 6C. ZA08-057, Plat Showing for Lots 9 – 12, J.H. Childress No. 254 Addition, being Tract 3D2, J.H. Childress Survey, Abstract No. 254, located at 3010 Lake Drive. Current Zoning: AG Agricultural District. Proposed Zoning: SF-20B Single Family Residential District. SPIN Neighborhood #3. Director Baker presented this item in conjunction with item 6B. Motion was made to approve ZA08-057, Plat Showing for Lots 9 – 12, J.H. Childress No. 254 Addition, as presented subject to Plat Review Summary No. 2, dated August 1, 2008. Motion: Stansell Second: Terrell Ayes: Hill, Jones, Muller, Muzyka, Stansell, Terrell, Wambsganss Nays: None Approved: 7-0 nd Agenda Item No. 6D. Ordinance No. 941, 2 Reading, Adopt an ordinance to dedicate a public utility easement for public purposes on city owned property at Bicentennial Park for the construction of a right turn deceleration lane along West Southlake Boulevard. Deputy Director Mayer 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 DEDICATING A PUBLIC UTILITY EASEMENT FOR PUBLIC USE UPON AND ACROSS A PORTION OF CITY OWNED PROPERTY AT BICENTENNIAL PARK LOCATED AT 300 WEST SOUTHLAKE BOULEVARD, DESCRIBED AS LITTLEBERRY G. HALL SURVEY, ABSTRACT NO. 686 IN THE CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS; DECLARING THAT SUCH EASEMENT IS NECESSARY FOR USE BY THE PUBLIC; AUTHORIZING THE MAYOR TO EXECUTE THE EASEMENT DEDICATION DOCUMENTS; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. No one spoke during the public hearing. nd Motion was made to approve Ordinance No. 941, 2 Reading, Adopt an ordinance to dedicate a public utility easement for public purposes on city owned property at UNOFFICIAL REGULAR CITY COUNCIL MEETING MINUTES, SEPTEMBER 2, 2008 Page 5 of 10 Bicentennial Park for the construction of a right turn deceleration lane along West Southlake Boulevard as presented. Motion: Terrell Second: Muzyka Ayes: Hill, Jones, Muller, Muzyka, Stansell, Terrell, Wambsganss Nays: None Approved: 7-0 st Agenda Item No. 6E. Ordinance No. 942, 1 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. Mayor Wambsganss introduced this item to Council. Staff presented this item during the work session and discussed this item with Council at that time. No one spoke during the public hearing. st Motion was made to approve Ordinance No. 942, 1 Reading, Approve and adopt the annual budget for Fiscal Year 2009, approve the revised budget figures for Fiscal Year 2008, and the multi-year Capital Improvement Plan as previously presented. Motion: Terrell Second: Muzyka Ayes: Hill, Jones, Muller, Muzyka, Stansell, Terrell, Wambsganss Nays: None Approved: 7-0 st Agenda Item No. 6F. Ordinance No. 943, 1 Reading, Tax Levy Ordinance. Mayor Wambsganss introduced this item to Council. Staff presented this item during the work session and discussed this item with Council at that time. No one spoke during the public hearing. st Motion was made to approve Ordinance No. 943, 1 Reading, Tax Levy Ordinance and to move that property taxes be increased by the adoption of a tax rate of $0.462. Motion: Terrell Second: Muzyka Ayes: Hill, Jones, Muller, Muzyka, Stansell, Terrell, Wambsganss Nays: None Approved: 7-0 st Agenda Item No. 6G. Ordinance No. 944, 1 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. Mayor Wambsganss introduced this item to Council. Staff presented this item during the work session and discussed this item with Council at that time. UNOFFICIAL REGULAR CITY COUNCIL MEETING MINUTES, SEPTEMBER 2, 2008 Page 6 of 10 st Motion was made to approve Ordinance No. 944, 1 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. Motion: Terrell Second: Muzyka Ayes: Hill, Jones, Muller, Muzyka, Stansell, Terrell, Wambsganss Nays: None Approved: 7-0 st Agenda Item No. 7A. Ordinance No. 480-565, 1 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 Curtis Young of the Sage Group answered Council’s questions. Council discussed this item. st Motion was made to approve Ordinance No. 480-565, 1 Reading (ZA08-050), Zoning Change and Site Plan for CySolutions Office Complex granting requested variances; noting the applicant’s agreement to provide a common access easement at the north end of the north parking lot that would be platted; noting the applicant’s agreement to provide fencing on the eastern edge of the property and to bring back representations of the fence for the next reading; and subject to Site Plan Review Summary No. 2, dated July 29, 2008. Motion: Terrell Second: Stansell Ayes: Jones, Muller, Muzyka, Stansell, Terrell, Wambsganss Nays: Hill Approved: 6-1 st Agenda Item No. 7B. Ordinance No. 480-567, 1 Reading (ZA08-007), Zoning Change and Site Plan for Legacy Business Park on property located at 240 South Peytonville Avenue and described as Lot 3, Akard Addition. Current Zoning: S-P-2 Generalized Site Plan District. Requested Zoning: S-P-1 Detailed Site Plan District. SPIN Neighborhood #16. Deputy Director Killough presented this item to Council in conjunction with item 7C. City Attorney Taylor discussed the unified development plan that is currently in place on all of the five properties and what would occur if portions of the properties were to change zoning as is being requested. Council discussed this item. Mayor Wambsganss read comment cards of those who wished to record their support but did not want to speak: Jeanie and Larry Akard, 260 South Peytonville Avenue, Southlake, Texas; Don Davis, 200 South Peytonville Avenue, Southlake, Texas; David Edwards, 1400 Civic Place #223, Southlake, Texas; and, Wanda May, 280 South Peytonville Avenue, Southlake, Texas. UNOFFICIAL REGULAR CITY COUNCIL MEETING MINUTES, SEPTEMBER 2, 2008 Page 7 of 10 Lamar May, 280 South Peytonville Avenue, Southlake, Texas, said that based on the information he learned tonight, he is no longer in support of this zoning request. Kirk Koogler, 1015 South Peytonville Avenue, Southlake, Texas discussed the proposed site plan and the possibility of an overall unified development plan. Robert Lieber asked questions about the existing approved development plan on these properties. Vickie Davis, 200 Southlake Peytonville Avenue, Southlake, Texas asked for clarification of Council’s direction to the residents. City Attorney Taylor recommended that Council remand items 7B and 7C back to the Planning and Zoning Commission with a request that they re-notice the public hearings on all five lots and make the notices broad enough to give the Commission the right to consider all uses in order to determine the highest and best use for these properties. st Motion was made to remand Ordinance No. 480-567, 1 Reading (ZA08-007), Zoning Change and Site Plan for Legacy Business Park back to the Planning and Zoning Commission directing them to convene a rezoning public hearing on all five lots covered by the S-P-2 concept plan and site plan for this project and to conduct public hearings to determine the highest and best use of the property in a community sense and to forward a rezoning recommendation to the City Council for final action. Motion: Terrell Second: Muzyka Ayes: Hill, Jones, Muller, Muzyka, Stansell, Terrell, Wambsganss Nays: None Approved: 7-0 st Agenda Item No. 7C. Ordinance No. 480-543, 1 Reading (ZA07-126), Zoning Change and Concept Plan for 200 South Peytonville Avenue on property being legally described as Tract 3C02, W.R. Eaves Survey, Abstract No. 500. Current Zoning: S-P-2 Generalized Site Plan District. Requested Zoning: O-1 Office District. SPIN Neighborhood #16. Deputy Director Killough presented this item to Council in conjunction with item 7B. st Motion was made to remand Ordinance No. 480-543, 1 Reading (ZA07-126), Zoning Change and Concept Plan for 200 South Peytonville Avenue back to the Planning and Zoning Commission directing them to convene a rezoning public hearing on all five lots covered by the S-P-2 concept plan and site plan for this project and to conduct public hearings to determine the highest and best use of the property in a community sense and to forward a rezoning recommendation to the City Council for final action. Motion: Terrell Second: Hill Ayes: Hill, Jones, Muller, Muzyka, Stansell, Terrell, Wambsganss UNOFFICIAL REGULAR CITY COUNCIL MEETING MINUTES, SEPTEMBER 2, 2008 Page 8 of 10 Nays: None Approved: 7-0 Mayor Wambsganss called for a break at 8:23 p.m. and reconvened the meeting at 8:36 p.m. st Agenda Item No. 7D. Ordinance No. 480-568, 1 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. Deputy Director Killough presented this item to Council and answered their questions. Director Price answered Council’s questions. Applicant James Wahlberg, 913 Carriage Way, Southlake, Texas answered Council’s questions. Council discussed access to the back lot. Mayor Pro Tem Terrell went on record to state that this particular property has some extenuating circumstances. If he supports this item, it does not mean that he would necessarily support any other property owner who, coincidentally, sells off the back half of their property. st Motion was made to approve Ordinance No. 480-568, 1 Reading (ZA08-046), Zoning Change and Concept Plan for Lots 22 and 23, T.M. Hood No. 706 Addition specifically granting the requested variance on the street frontage; denying the requested variance on the sidewalk requirement; accepting the applicant’s agreement to expand the access easement from 10’ to 15’; and subject to Concept Plan Review Summary No. 2, dated August 15, 2008. Motion: Terrell Second: Muzyka Ayes: Hill, Jones, Muller, Muzyka, Stansell, Terrell, Wambsganss Nays: None Approved: 7-0 Agenda Item No. 9B. Consider SP08-199, Conditional Sign Permit for East Southlake #2 LTD located at 910 East Southlake Boulevard. Deputy Director Killough presented this item to Council. Applicant’s representative Skip Blake of Blake Architects and property owner, Dr. Angelo Mendes, answered Council’s questions. After discussion, Mr. Blake asked to table this item to allow time for further evaluation. Motion was made to table SP08-199, Conditional Sign Permit for East Southlake #2 LTD located at 910 East Southlake Boulevard. Motion: Muzyka Second: Hill Ayes: Hill, Jones, Muller, Muzyka, Stansell, Terrell, Wambsganss Nays: None UNOFFICIAL REGULAR CITY COUNCIL MEETING MINUTES, SEPTEMBER 2, 2008 Page 9 of 10 Tabled: 7-0 Deputy Mayor Pro Tem Jones recused himself from the next item due to the fact that the applicant’s are his clients. Agenda Item No. 9C. Consider SP08-210, Conditional Sign Permit for 280 Sports Complex located at 280 Commerce Street. Deputy Director Killough presented this item to Council. Applicants Kevin and Christie Abercrombie answered Council’s questions. Council discussed this request and various signage options. The Abercrombie’s asked to table this item to allow time for further evaluation. Motion was made to table SP08-210, Conditional Sign Permit for 280 Sports Complex located at 280 Commerce Street. Motion: Terrell Second: Hill Ayes: Hill, Muller, Muzyka, Stansell, Terrell, Wambsganss Nays: None Tabled: 6-0 Agenda Item No. 11. Meeting adjourned. Mayor Wambsganss adjourned the meeting at 9:59 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 2, 2008 Page 10 of 10