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Item 4AREGULAR CITY COUNCIL MEETING MINUTES: JULY 15, 2008 LOCATION :1400 Main Street, Southlake, Texas Council Chambers in Town Hall CITY COUNCIL PRESENT : Mayor Andy Wambsganss, Deputy Mayor Pro Tem Virginia M. Muzyka, and Councilmembers Gregory Jones (arrived at 5:20 p.m.), Pamela Muller, John Terrell and Vernon Stansell. CITY COUNCIL ABSENT :CouncilmemberLaura K. Hill. STAFF PRESENT :City Manager Shana Yelverton, Assistant City Manager / Director of Public Safety Jim Blagg, Assistant to the City Manager Alison Ortowski, Community Relations Officer Pilar Schank, Manager of Information Systems Gary Gregg, Interim Director of Community Services Chris Tribble, Deputy Director of Community Services Kerry McGeath, Community Services Coordinator Crystal Shafer, Director of Economic Development Greg Last, Director of Finance Sharen Jackson, Director of Human Resources Kevin Hugman, Interim Chief of Fire Services Mike Starr, Interim Chief of Police Services Robert Finn, Lieutenant Ashleigh Douglas, Deputy Director of Planning and Development Services Dennis Killough, Planner II Clayton Comstock, Director of Public Works Robert H. Price, 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 5:12 p.m. Agenda Item No. 2. Invocation. Chaplain of the Month, Mike Dotson, gave the invocation. Mayor Wambsganss led the pledge of allegiance. Agenda Item No. 3. Recognition of Southlake Sister Cities Youth Ambassadors. Councilmember Terrell introduced the students who are going to Japan for the Sister Cities program and thanked their City staff sponsor, Lieutenant Douglas. Agenda Item No. 4. Improving customer service through technology (update). Assistant to the City Manager Ortowski presented this item to Council. Chief Finn answered questions related to the CRIMES software and Assistant City Manager Blagg answered questions related to Performance Point. UNOFFICIAL REGULAR CITY COUNCIL MEETING MINUTES, JULY 15, 2008 Page 1 of 8 Agenda Item No. 5. Discuss all items on tonight’s meeting agenda. City Council reviewed the agenda items with city staff. Mayor Wambsganss closed the work session at 5:53 p.m. REGULAR SESSION: Agenda Item No. 1. Call to order. The regular session was called to order by Mayor Wambsganss at 5:53 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 551.072, deliberation regarding real property; and Section 551.087, deliberation regarding economic development negotiations. City Council adjourned for Executive Session at 5:53 p.m. Executive Session began at 6:20 p.m. Executive Session ended at 7:02 p.m. Agenda Item No. 2B. Reconvene. Mayor Wambsganss reconvened the regular meeting at 7:10 p.m. There was action taken as a result of the executive session but the motion was made in conjunction with item 9C. 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 addressed a recent newspaper article regarding the neighborhood sewer program and a possible incentive program encouraging neighbors to tie into the sewer. The article referenced a discussion held at the July 1, 2008 City Council meeting and City Manager Yelverton further clarified points within the article and the discussion at that meeting. Agenda Item No. 3C. Local Business Report – update on www.southlakebusiness.com. Director Last presented this item to Council. Agenda Item No. 3D. Financial Report. Director Jackson presented this item 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 July 1, 2008, regular City Council meeting. A presentation was not made on this item. The minutes were approved as presented. Agenda Item No. 4B. Resolution No. 08-026, Appoint a Mayor Pro Tem and a Deputy Mayor Pro Tem. Mayor Wambsganss announced that Council would appoint John Terrell as Mayor Pro Tem and Gregory Jones as Deputy Mayor Pro Tem. 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, JULY 15, 2008 Page 2 of 8 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS, APPOINTING A MAYOR PRO TEM AND A DEPUTY MAYOR PRO TEM PURSUANT TO ARTICLE 2.07 OF THE HOME RULE CHARTER; AND PROVIDING AN EFFECTIVE DATE. Agenda Item No. 4C.Approve an interlocal purchasing agreement with the City of Grand Prairie, Texas. A presentation was not made on this item. Agenda Item No. 4D. Approve a contract with Red Moon, Inc. for the purchase, installation, and maintenance of security cameras in Town Square and archival system in the amount of $328,362. A presentation was not made on this item. Agenda Item No. 4E. Approve second amendment to the agreement with Maximus, Inc. for software implementation and data conversion services. A presentation was not made on this item. Agenda Item No. 4F. Approve an interlocal agreement with Tarrant County for the asphalt overlay of North White Chapel Boulevard from State Highway 114 to Dove Road. A presentation was not made on this item. Agenda Item No. 4G. Award of bid to Horizon Distributors for the purchase of the Maxicom Irrigation Management System in the amount of $63,409.05. A presentation was not made on this item. Agenda Item No. 4H.Resolution No. 08-028, Suspending the August 8, 2008, effective date of Oncor Electric Delivery Company requested rate change to permit the city time to study the request and to establish reasonable rates approving cooperation with Oncor Cities Steering Committee to hire legal and consulting services and to negotiate with the company and direct any necessary litigation and appeals; finding that the meeting at which this resolution is passed is open to the public as required by law; and requiring notice of this resolution to the company and legal counsel for the steering committee. 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: SUSPENDING THE AUGUST 8, 2008, EFFECTIVE DATE OF ONCOR ELECTRIC DELIVERY COMPANY REQUESTED RATE CHANGE TO PERMIT THE CITY TIME TO STUDY THE REQUEST AND TO ESTABLISH REASONABLE RATES; APPROVING COOPERATION WITH ONCOR CITIES STEERING COMMITTEE TO HIRE LEGAL AND CONSULTING SERVICES AND TO NEGOTIATE WITH THE COMPANY AND DIRECT ANY NECESSARY LITIGATION AND APPEALS; FINDING THAT THE MEETING AT WHICH THIS RESOLUTION IS PASSED IS OPEN TO THE PUBLIC AS REQUIRED BY LAW; REQUIRING NOTICE OF THIS RESOLUTION TO THE COMPANY AND LEGAL COUNSEL FOR THE STEERING COMMITTEE. st Agenda Item No. 4I. Ordinance No. 480-562, 1 Reading (ZA07-148), Zoning Change and Site Plan for Onsom Medical Offices on property legally described as Tracts 4C1A UNOFFICIAL REGULAR CITY COUNCIL MEETING MINUTES, JULY 15, 2008 Page 3 of 8 and 4C2B, Les Ex, A.H. Chivers Survey, Abstract No. 299; and located at 630 East State Highway 114. Current Zoning: AG Agricultural District. Requested Zoning: S-P-1 Detailed Site Plan District. SPIN Neighborhood #5. The applicant requested to table this item to the August 5, 2008, City Council meeting. Motion was made to approve consent agenda items 4A; 4B to appoint John Terrell as Mayor Pro Tem and Gregory Jones as Deputy Mayor Pro Tem; 4C; 4D; 4E; 4F; 4G; 4H; and to table 4I at the applicant’s request to the August 5, 2008 City Council meeting. Motion: Terrell Second: Muzyka Ayes: Jones, Muller, Muzyka, Terrell, Stansell, Wambsganss Nays: None Approved: 6-0 REGULAR AGENDA: Mayor Wambsganss announced item 9C would be considered next. Agenda Item No. 9C. Award of bid to Robinson Landscape and Construction for the construction of Royal and Annie Smith Park and Liberty Park at Sheltonwood in the amount of $1,021,343 and reallocation of funds for this purpose. Director Tribble presented this item during the work session. Mayor Wambsganss introduced this item during the regular session. Motion was made to award bid to Robinson Landscape and Construction for the construction of Royal and Annie Smith Park and Liberty Park at Sheltonwood in the amount of $1,021,343 and reallocation of funds for this purpose and authorizing the Mayor to enter into a contract for the purchase of property for park purposes as discussed in executive session. Motion: Terrell Second: Muzyka Ayes: Jones, Muller, Muzyka, Terrell, Stansell, Wambsganss Nays: None Approved: 6-0 Agenda Item No. 5. Public Forum. No one spoke. nd Agenda Item No. 6A. Ordinance No. 480-328A, 2 Reading (ZA08-043), Zoning Change and Site Plan for Countryside Bible Church on property being legally described as Lot 2R, Block A, Ravenaux Village Addition and located at 250 Countryside Court. Current Zoning: S-P-1 Detailed Site Plan District with Community Service District uses. Requested Zoning: S-P-1 Detailed Site Plan District with Community Service District uses. SPIN Neighborhood #11. Deputy Director Killough presented this item to Council. Applicant F.C. LeVrier 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: UNOFFICIAL REGULAR CITY COUNCIL MEETING MINUTES, JULY 15, 2008 Page 4 of 8 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 LOT 2R, BLOCK A, RAVENAUX VILLAGE, AN ADDITION TO THE CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS, ACCORDING TO THE PLAT RECORDED IN CABINET A, SLIDE 6215, PLAT RECORDS, TARRANT COUNTY, TEXAS, BEING APPROXIMATELY 13.738 ACRES, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM “S-P-1” DETAILED SITE PLAN DISTRICT WITH “CS” COMMUNITY SERVICE DISTRICT USES TO “S-P-1” DETAILED SITE PLAN DISTRICT WITH “CS” COMMUNITY SERVICE 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. John Larson, 335 Ravenaux, Southlake, Texas spoke in support of this item and discussed the inner bufferyard plantings and any possible extension of Countryside Court. Mayor Wambsganss closed the public hearing. nd Motion was made to approve Ordinance No. 480-328A, 2 Reading (ZA08-043), Zoning Change and Site Plan for Countryside Bible Church subject to Council’s motion on first reading; subject to the applicant’s representations and presentation at this meeting, specifically noting the applicant’s agreements to construct a concrete channel at the bottom of the detention area, to stain the concrete channel with an application that blends it aesthetically, and to plant the inner bufferyard at the location shown this evening with similar plantings as the north side; and subject to Site Plan Review Summary No. 2, dated June 13, 2008. Motion: Terrell Second: Muzyka Ayes: Jones, Muller, Muzyka, Terrell, Stansell, Wambsganss Nays: None Approved: 6-0 UNOFFICIAL REGULAR CITY COUNCIL MEETING MINUTES, JULY 15, 2008 Page 5 of 8 nd Agenda Item No. 6B.Ordinance No. 480-UUU, 2 Reading, Amendments to the Comprehensive Zoning Ordinance No. 480, as amended, as it pertains to fencing and screening regulations. Deputy Director Killough 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; PERTAINNIG TO FENCING AND SCREENING REGULATIONS ON PROPERTIES WITHIN THE CITY OF SOUTHLAKE; 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 PAMPHLET FORM; 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-UUU, 2 Reading, Amendments to the Comprehensive Zoning Ordinance No. 480, as amended, as it pertains to fencing and screening regulations and subject to the recommendations of the Planning and Zoning Commission. Motion: Terrell Second: Muzyka Ayes: Jones, Muller, Muzyka, Terrell, Stansell, Wambsganss Nays: None Approved: 6-0 nd Agenda Item No. 6C.Ordinance No. 480-VVV, 2 Reading, Amendments to the Comprehensive Zoning Ordinance No. 480, as amended, for miscellaneous amendments and corrections. Planner Comstock presented this item to Council and answered questions. Council discussed concerns related to the proposed percentage increase in lot coverage. Mayor Wambsganss opened the public hearing. Kosse Maykus, 608 Chapel Court, Southlake, Texas addressed concerns with the proposed 10% increase in lot coverage. After discussion, Council decided to table this item to allow time for further evaluation and discussion. nd Motion was made to tableOrdinance No. 480-VVV, 2 Reading, Amendments to the Comprehensive Zoning Ordinance No. 480, as amended, for miscellaneous amendments and corrections to the next Council meeting and to continue the public hearing to that date. UNOFFICIAL REGULAR CITY COUNCIL MEETING MINUTES, JULY 15, 2008 Page 6 of 8 Motion: Terrell Second: Muzyka Ayes: Jones, Muller, Muzyka, Terrell, Stansell, Wambsganss Nays: None Approved: 6-0 Councilmember Terrell stepped out of the room during the next item. nd Agenda Item No. 6D. Ordinance No. 483-N, 2 Reading, An amendment to the Subdivision Ordinance No. 483, as amended, as it pertains to completeness determination procedures and clarification of the official filing date of an application for approval of a plat. Deputy Director Killough 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. 483, AS AMENDED, THE SUBDIVISION ORDINANCE OF THE CITY OF SOUTHLAKE, TEXAS, TO PROVIDE FOR COMPLETENESS DETERMINATION PROCEDURES; CLARIFYING THE OFFICIAL FILING DATE OF AN APPLICATION FOR APPROVAL OF A PLAT; 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 PAMPHLET FORM; 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. 483-N, 2 Reading, An amendment to the Subdivision Ordinance No. 483, as amended, as it pertains to completeness determination procedures and clarification of the official filing date of an application for approval of a plat. Motion: Stansell Second: Muller Ayes: Jones, Muller, Muzyka, Stansell, Wambsganss Nays: None Approved: 5-0 Councilmember Terrell returned to the meeting during the next item. Agenda Item No. 9A. Consider SP08-144, Variance to Sign Ordinance No. 704-C for a temporary sign for Carillon Office Development, located at the 200 block of East State Highway 114. Planner Comstock presented this item to Council. Applicant David Carr, 13155 Knoll Road, Dallas, Texas with Hines answered Council’s questions. Council discussed the approval of this request for a two year time frame. UNOFFICIAL REGULAR CITY COUNCIL MEETING MINUTES, JULY 15, 2008 Page 7 of 8 Motion was made to approve SP08-144, Variance to Sign Ordinance No. 704-C for a temporary sign for Carillon Office Development, located at the 200 block of East State Highway 114 for a period of two years. Motion: Jones Second: Terrell Ayes: Jones, Muzyka, Terrell, Stansell, Wambsganss Nays: Muller Approved: 5-1 Agenda Item No. 9B.Consider SP08-161, Variance to the Shady Oaks Office Park Conditional Sign Permit for Guaranty Bank, located at 600 West Southlake Boulevard, Suite 110. Deputy Director Killough presented this item to Council. Jim Hagle with Chandler Signs, 3201 Manor Way, Dallas, Texas and Matthew Hickey with Guaranty Bank, 610 West Southlake Boulevard, Southlake, Texas answered Council’s questions. Council discussed this request and suggested potential changes to the proposed sign. Motion was made to table SP08-161, Variance to the Shady Oaks Office Park Conditional Sign Permit for Guaranty Bank, located at 600 West Southlake Boulevard, Suite 110. Motion: Terrell Second: Jones Ayes: Jones, Muller, Muzyka, Terrell, Stansell, Wambsganss Nays: None Approved: 6-0 Agenda Item No. 11. Meeting adjourned. Mayor Wambsganss adjourned the meeting at 8:59 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, JULY 15, 2008 Page 8 of 8