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Item 4AREGULAR CITY COUNCIL MEETING MINUTES: DECEMBER 16, 2008 LOCATION :1400 Main Street, Southlake, Texas Council Chambers in Town Hall CITY COUNCIL PRESENT : Mayor Andy Wambsganss, Mayor Pro Tem John Terrell (arrived at 7:18 p.m.), Deputy Mayor Pro Tem Gregory Jones (arrived at 6:10 p.m.) and Councilmembers Laura K. Hill, Pamela Muller, Virginia M. Muzyka, and Vernon Stansell (arrived at 6:00 p.m.). 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 Sam Cobb, Interim Director of Community Services Chris Tribble, Director of Economic Development Greg Last, Director of Finance Sharen Jackson, Assistant Director of Finance Sean Leonard, Alternate Municipal Judge Gary Lee Hach, Director of Human Resources Kevin Hugman, Chief of Fire Services Mike Starr, Director of Planning and Development Services Ken Baker, Chief Building Official Paul Ward, Planner II Clayton Comstock, Director of Public Works Robert H. Price, Deputy Director of Public Works Gordon Mayer, 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 5:22 p.m. Agenda Item No. 2. Invocation. Chaplain of the Month, David Whitington, 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 consent agenda items with city staff. Mayor Wambsganss closed the work session at 5:40 p.m. REGULAR SESSION: Agenda Item No. 1. Call to order. The regular session was called to order by Mayor Wambsganss at 5:40 p.m. UNOFFICIAL REGULAR CITY COUNCIL MEETING MINUTES, DECEMBER 16, 2008 Page 1 of 12 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 551.074, deliberation regarding personnel matters, and Section 551.087, deliberation regarding economic development negotiations. City Council adjourned for Executive Session at 5:40 p.m. Executive Session began at 6:40 p.m. and ended at 6:54 p.m. Agenda Item No. 2B. Reconvene. Mayor Wambsganss reconvened the regular meeting at 7:07 p.m. and asked if any action was necessary from Executive Session. No action was necessary. Agenda Item No. 3A1. Mayor’s Report - update of upcoming meetings and events. Mayor Wambsganss announced upcoming meetings and events. Agenda Item No. 3B1. City Manager’s Report – Ordinance and project priority schedule. City Manager Yelverton presented this item to Council. Agenda Item No. 3B2. City Manager’s Report – 2009 submittal schedule. City Manager Yelverton 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. Mayor Wambsganss read the items into the record. Agenda Item No. 4A. Approve minutes from the December 2, 2008 regular City Council meeting. The minutes were approved as presented. Agenda Item No. 4B. Resolution No. 08-064, Appoint four members to serve on the Board of Directors of the Tax Increment Reinvestment Zone Number One, City of Southlake, Texas. A presentation was not made on this item. Council approved the reappointments of Mayor Andy Wambsganss and Councilmembers Laura K. Hill and Vernon Stansell and the appointment of Councilmember Pamela Muller for two year terms. 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, APPOINTING MEMBERS TO THE BOARD OF DIRECTORS FOR THE TAX INCREMENT REINVESTMENT ZONE NUMBER ONE OF THE CITY OF SOUTHLAKE; PROVIDING AN EFFECTIVE DATE. Agenda Item No. 4C. Resolution No. 08-062, Appoint a Chairperson of the Board of Directors of Tax Increment Reinvestment Zone Number One for the 2009 calendar year. A presentation was not made on this item. Council appointed Councilmember Virginia UNOFFICIAL REGULAR CITY COUNCIL MEETING MINUTES, DECEMBER 16, 2008 Page 2 of 12 M. Muzyka as Chair for the 2009 calendar year. 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, APPOINTING A CHAIRPERSON OF THE BOARD OF DIRECTORS OF TAX INCREMENT REINVESTMENT ZONE NUMBER ONE, AND PROVIDING AN EFFECTIVE DATE. Agenda Item No. 4D. Approve the 2009 Community Service Agreement with Apex Arts League. A presentation was not made on this item. Agenda Item No. 4E. Approve the 2009 Community Service Agreement with ARTSNET. A presentation was not made on this item. Agenda Item No. 4F. Approve the 2009 Community Service Agreement with Metroport Meals On Wheels. A presentation was not made on this item. Agenda Item No. 4G. This item was intentionally left blank. Agenda Item No. 4H. Approve a renewal contract with American Landscape Systems for landscape maintenance for Town Square and Grand Avenue public areas, McPherson, Summit and Central Parks in the amount of $73,050. A presentation was not made on this item. Agenda Item No. 4I. Approve a renewal contract with TruGreen LandCare for landscape of city facilities and rights-of-ways in the amount of $90,964. Council tabled this item to the January 20, 2009 City Council meeting. Agenda Item No. 4J. Approve a renewal contract with Crowley Sports Officials for sports officiating and scorekeeping services in the amount of $100,130. A presentation was not made on this item. Agenda Item No. 4K. Approve Change Order No. 1 for the construction contract with JLB Contracting in the amount of $88,961.56 for paving, drainage, and utility improvements to Shumaker Lane and Sunshine Lane. A presentation was not made on this item. Agenda Item No. 4L. Approve a right-of-way encroachment agreement with Peggy A. Young adjacent to a 1.68 acre tract in the George W. Main Survey, Abstract No. 1098 located at 165 South Kimball Avenue. A presentation was not made on this item. Agenda Item No. 4M. Approve a contract with Jacobs, Carter and Burgess for the engineering design of sidewalks along F.M. 1709 (Southlake Boulevard) in the amount not to exceed $138,000. A presentation was not made on this item. Agenda Item No. 4N. ZA08-108, Plat Revision for Lot 2R1, Block A, Ravenaux Village (Countryside Bible Church) being a revision of property currently described as Lot 2R, UNOFFICIAL REGULAR CITY COUNCIL MEETING MINUTES, DECEMBER 16, 2008 Page 3 of 12 Block A, Ravenaux Village and being located at 250 Countryside Court. Current Zoning: S-P-1 Detailed Site Plan District. SPIN Neighborhood #11. A presentation was not made on this item. st Agenda Item No. 4O. Ordinance 480-312a, 1 Reading (ZA08-100), Zoning Change and Site Plan for Southlake Boulevard Presbyterian Church on property being described as Lots 3 and 14, Block 6, Southridge Lakes Addition and being located at 1452 West Southlake Boulevard and 1470 Corporate Circle. Current Zoning: CS Community Service District and C3 General Commercial District. Requested Zoning: CS Community Service District. SPIN Neighborhood #13. Director Baker presented this item to Council during the work session. st Agenda Item No. 4P. Ordinance No. 949, 1 Reading, Appoint an alternate municipal judge. A presentation was not made on this item. Council reappointed Gary Lee Hach as alternate municipal judge for a two year term. nd Agenda Item No. 4Q. Ordinance No. 480-578, 2 Reading (ZA08-075), Zoning Change and Development Plan for Ridgeview at Southlake being Tracts 2A, 2A1, 2A5C, and 2A6, W.R. Eaves Survey, Abstract No. 500 and Tracts 1 and 1C, Thomas J. Thompson Survey, Abstract No. 1502, and located at 505, 507, 511, 515, and 519 Davis Boulevard. Current Zoning: AG Agricultural District, S-P-1 Detailed Site Plan District, and SF-20A Single Family Residential District. Proposed Zoning: TZD Transition Zoning District. SPIN Neighborhood #16. The applicant requested to table this item to the January 6, 2009 City Council meeting. Agenda Item No. 4R. ZA08-102, Preliminary Plat for Ridgeview at Southlake being Tracts 2A, 2A1, 2A5C, and 2A6, W.R. Eaves Survey, Abstract No. 500 and Tracts 1 and 1C, Thomas J. Thompson Survey, Abstract No. 1502, and located at 505, 507, 511, 515, and 519 Davis Boulevard. Current Zoning: AG Agricultural District, S-P-1 Detailed Site Plan District, and SF-20A Single Family Residential District. Proposed Zoning: TZD Transition Zoning District. SPIN Neighborhood #16. The applicant requested to table this item to the January 6, 2009 City Council meeting. Agenda Item No. 4S. ZA07-144, Site Plan for Lot 1, Players Circle on property being legally described as Lot 1, Block 1, Players Circle Addition and being located at 1901 West Southlake Boulevard. Current Zoning: C3 General Commercial District. SPIN Neighborhood #16. The applicant requested to table this item to the January 6, 2009 City Council meeting. Agenda Item No. 4T. ZA08-080, Site Plan for Southlake Regional Medical Center on property being legally described as the remainder of Block 1, Brightbill Addition, and being Tracts 3E1A, 3E1B and 3E1C, Larkin H. Chivers Survey, Abstract No. 300. The property is located at 440 East Highland Street and 335 East State Highway 114. Current Zoning: S-P-2 Generalized Site Plan District. SPIN Neighborhood #11. The applicant requested to table this item to the January 6, 2009 City Council meeting. UNOFFICIAL REGULAR CITY COUNCIL MEETING MINUTES, DECEMBER 16, 2008 Page 4 of 12 Agenda Item No. 4U. ZA08-104, Plat Revision for Lots 1-5, Block 1, Southlake Regional Medical Center being a replat of property currently described as the remainder of Block 1, Brightbill Addition, and being Tracts 3E1A, 3E1B and 3E1C, Larkin H. Chivers Survey, Abstract No. 300 and being located at 440 East Highland Street and 335 East State Highway 114. Current Zoning: S-P-2 Generalized Site District. SPIN Neighborhood #11. The applicant requested to table this item to the January 6, 2009 City Council meeting. nd Agenda Item No. 6B. Ordinance No. 480-572, 2 Reading (ZA08-084), Zoning Change for 210 South Peytonville Avenue on property being Tract 3C2A, W. R. Eaves Survey, Abstract No. 500. Current Zoning: S-P-2 Generalized Site Plan District.Requested Zoning: a zoning district which represents the highest and best use of property as provided in the City’s Comprehensive Zoning Ordinance No. 480, as amended. SPIN Neighborhood #16. City Council withdrew this item due to the property owner’s objection. Motion was made to approve consent agenda items 4A; 4B to reappointment Mayor Andy Wambsganss and Councilmembers Laura K. Hill and Vernon Stansell and the appointment of Councilmember Pamela Muller to Tax Increment Reinvestment Zone Number One for two year terms; 4C to appoint Virginia M. Muzyka as Chair of Tax Increment Reinvestment Zone Number One for the 2009 calendar year; 4D; 4E; 4F; 4H; to table item 4I to the January 20, 2009 City Council meeting; 4J; 4K; 4L; 4M; 4N subject to Revised Plat Review Summary No. 1, dated December 9, 2008; 4O subject to the requirements in the Planning and Zoning Commission’s motion, noting the trees to be used will be live oaks rather than cedar elms, and subject to Site Plan Review Summary No. 4, dated December 9, 2008; 4P to reappoint Gary Lee Hach as alternate municipal judge for a two year term beginning February 1, 2009; to table item 4Q at the applicant’s request to the January 6, 2009 City Council meeting; to table item 4R at the applicant’s request to the January 6, 2009 City Council meeting; to table item 4S at the applicant’s request to the January 6, 2009 City Council meeting; to table item 4T at the applicant’s request to the January 6, 2009 City Council meeting; to table item 4U at the applicant’s request to the January 6, 2009 City Council meeting; and to withdraw item 6B and dismissing the case from consideration. Motion: Muzyka Second: Hill Ayes: Hill, Jones, Muller, Muzyka, Stansell, Wambsganss Nays: None Approved: 6-0 REGULAR AGENDA: Agenda Item No. 5. Public Forum. This item was heard later in the meeting. nd Agenda Item No. 6A.Ordinance No. 480-571, 2 Reading (ZA08-083), Zoning Change for 200 South Peytonville Avenue being Tract 3C2, W. R. Eaves Survey, Abstract No. 500, and being located at 200 South Peytonville Avenue. Current Zoning: S-P-2 UNOFFICIAL REGULAR CITY COUNCIL MEETING MINUTES, DECEMBER 16, 2008 Page 5 of 12 Generalized Site Plan. Requested Zoning: a zoning district which represents the highest and best use of property as provided in the City’s Comprehensive Zoning Ordinance No. 480, as amended.SPIN Neighborhood #16. Director Baker presented this item along with items 6C, 6D and 6E. 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 3C02, SITUATED IN THE W.R. EAVES SURVEY, ABSTRACT NO. 500, BEING APPROXIMATELY 1 ACRE, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT “A” FROM “S-P-2” GENERALIZED SITE PLAN DISTRICT WITH “O-1” OFFICE DISTRICT USES TO “O-1” OFFICE DISTRICT, AS DEPICTED ON THE APPROVED CONCEPT PLAN ATTACHED HERETO AND INCORPORATED HEREIN AS EXHIBIT “B”, OR OTHER ZONING DISTRICT WHICH REPRESENTS THE HIGHEST OR BEST USE OF PROPERTY AS PROVIDED IN THE CITY’S COMPREHENSIVE ZONING ORDINANCE NO. 480, AS AMENDED, 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. Mayor Wambsganss read comment cards from those that were in favor of items 6A, 6C, 6D and 6E: Jeanie and Larry Akard, 260 South Peytonville Avenue, Southlake, Texas; Don, Louise, and Vicky Davis, 200 South Peytonville Avenue, Southlake, Texas; Jennifer Gray, 1400 Civic Place, Southlake, Texas; and, Lamar and Wanda May, 280 South Peytonville Avenue, Southlake, Texas. The following individual addressed City Council specifically regarding item 6B which was withdrawn and dismissed by City Council: Joel Lenamon, 4016 Gateway, Suite 130, Colleyville, Texas, owner of property at 210 South Peytonville Avenue spoke regarding the proposed plan. Mayor Wambsganss closed the public hearing. Council discussed this item. UNOFFICIAL REGULAR CITY COUNCIL MEETING MINUTES, DECEMBER 16, 2008 Page 6 of 12 nd Motion was made to approve Ordinance No. 480-571, 2 Reading (ZA08-083), Zoning Change for 200 South Peytonville Avenue as presented; granting requested variances; and noting the requirement of a right-in/right-out driveway between 260 and 280 South Peytonville Avenue. Motion: Terrell Second: Muzyka Ayes: Hill, Jones, Muller, Muzyka, Terrell, Stansell, Wambsganss Nays: None Approved: 7-0 nd Agenda Item No. 6C. Ordinance No. 480-573, 2 Reading (ZA08-085), Zoning Change for 240 South Peytonville Avenue on property being Lot 3, Akard Addition. Current Zoning: S-P-2 Generalized Site Plan District. Requested Zoning: S-P-1 Detailed Site Plan District or a zoning district which represents the highest and best use of property as provided in the City’s Comprehensive Zoning Ordinance No. 480, as amended. SPIN Neighborhood #16. Director Baker presented this item along with items 6A, 6D and 6E. 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 LOT 3 AKARD ADDITION, AN ADDITION TO THE CITY OF SOUTHLAKE AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT “A” FROM “S-P-2” GENERALIZED SITE PLAN DISTRICT WITH “O-1” OFFICE DISTRICT USES 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”, OR OTHER ZONING DISTRICT WHICH REPRESENTS THE HIGHEST OR BEST USE OF PROPERTY AS PROVIDED IN THE CITY’S COMPREHENSIVE ZONING ORDINANCE NO. 480, AS AMENDED, 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. 480-573, 2 Reading (ZA08-085), Zoning Change for 240 South Peytonville Avenue as presented; granting requested variances; UNOFFICIAL REGULAR CITY COUNCIL MEETING MINUTES, DECEMBER 16, 2008 Page 7 of 12 and noting the requirement of a right-in/right-out driveway between 260 and 280 South Peytonville Avenue. Motion: Terrell Second: Muzyka Ayes: Hill, Jones, Muller, Muzyka, Terrell, Stansell, Wambsganss Nays: None Approved: 7-0 nd Agenda Item No. 6D. Ordinance No. 480-574, 2 Reading (ZA08-086), Zoning Change for 260 South Peytonville Avenue on property being Lot 2, Akard Addition. Current Zoning: S-P-2 Generalized Site Plan District. Requested Zoning: O-1 Office District or a zoning district which represents the highest and best use of property as provided in the City’s Comprehensive Zoning Ordinance No. 480, as amended. SPIN Neighborhood #16. Director Baker presented this item along with items 6A, 6C and 6E. 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 LOT 2 AKARD ADDITION, AN ADDITION TO THE CITY OF SOUTHLAKE AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT “A” FROM “S-P-2” GENERALIZED SITE PLAN DISTRICT WITH “O-1” OFFICE DISTRICT USES TO “O-1” OFFICE DISTRICT, AS DEPICTED ON THE APPROVED CONCEPT PLAN ATTACHED HERETO AND INCORPORATED HEREIN AS EXHIBIT “B”, OR OTHER ZONING DISTRICT WHICH REPRESENTS THE HIGHEST OR BEST USE OF PROPERTY AS PROVIDED IN THE CITY’S COMPREHENSIVE ZONING ORDINANCE NO. 480, AS AMENDED, 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. 480-574, 2 Reading (ZA08-086), Zoning Change for 260 South Peytonville Avenue as presented; granting requested variances; and noting the requirement of a right-in/right-out driveway between 260 and 280 South Peytonville Avenue. Motion: Terrell Second: Muzyka UNOFFICIAL REGULAR CITY COUNCIL MEETING MINUTES, DECEMBER 16, 2008 Page 8 of 12 Ayes: Hill, Jones, Muller, Muzyka, Terrell, Stansell, Wambsganss Nays: None Approved: 7-0 nd Agenda Item No. 6E. Ordinance No. 480-575, 2 Reading (ZA08-087), Zoning Change for 280 South Peytonville Avenue on property being Lot 1, Akard Addition. Current Zoning: S-P-2 Generalized Site Plan District. Requested Zoning: O-1 Office District or a zoning district which represents the highest and best use of property as provided in the City’s Comprehensive Zoning Ordinance No. 480, as amended. SPIN Neighborhood #16. Director Baker presented this item along with items 6A, 6C, and 6D. 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 LOT 1 AKARD ADDITION, AN ADDITION TO THE CITY OF SOUTHLAKE AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT “A” FROM “S-P-2” GENERALIZED SITE PLAN DISTRICT WITH “O-1” OFFICE DISTRICT USES TO “O-1” OFFICE DISTRICT, AS DEPICTED ON THE APPROVED CONCEPT PLAN ATTACHED HERETO AND INCORPORATED HEREIN AS EXHIBIT “B”, OR OTHER ZONING DISTRICT WHICH REPRESENTS THE HIGHEST OR BEST USE OF PROPERTY AS PROVIDED IN THE CITY’S COMPREHENSIVE ZONING ORDINANCE NO. 480, AS AMENDED, 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. 480-575, 2 Reading (ZA08-087), Zoning Change for 280 South Peytonville Avenue as presented; granting requested variances; and noting the requirement of a right-in/right-out driveway between 260 and 280 South Peytonville Avenue. Motion: Terrell Second: Muzyka Ayes: Hill, Jones, Muller, Muzyka, Terrell, Stansell, Wambsganss Nays: None Approved: 7-0 UNOFFICIAL REGULAR CITY COUNCIL MEETING MINUTES, DECEMBER 16, 2008 Page 9 of 12 Agenda Item No. 6F. CP08-001, Comprehensive Plan Amendment for Regents Park for an amendment to the City’s Master Plan proposing a change in the Land Use Designation from Low Density Residential to Office Commercial on property located at 2580 and 2530 West Southlake Boulevard. SPIN Neighborhood #15. Planner Comstock presented this item to Council along with Item 6G. Applicants Skip Blake from Blake Architects and Derek Daguire, 3000 Spring Valley, Bedford, Texas answered Council’s questions. No one spoke during the public hearing. Motion was made to approve CP08-001, Comprehensive Plan Amendment for Regents Park for an amendment to the City’s Master Plan proposing a change in the Land Use Designation from Low Density Residential to Office Commercial on property located at 2580 and 2530 West Southlake Boulevard as presented. Motion: Terrell Second: Muzyka Ayes: Hill, Jones, Muller, Muzyka, Terrell, Wambsganss Nays: Stansell Approved: 6-1 nd Agenda Item No. 6G.Ordinance No. 480-577, 2 Reading (ZA08-044), Zoning Change and Site Plan for Regents Park on property described as Tracts 2C14 and 2C15, Jesse G. Allen Survey, Abstract No. 18 and being located at 2580 West Southlake Boulevard and 2530 West Southlake Boulevard. Current Zoning: SF-1A Single Family Residential District. Requested Zoning: S-P-1 Detailed Site Plan District. SPIN Neighborhood #15. Planner Comstock presented this item to Council along with Item 6F. Applicants Skip Blake from Blake Architects and Derek Daguire, 3000 Spring Valley, Bedford, 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 DESCRIBED AS TRACTS 2C14 AND 2C15 JESSE G. ALLEN SURVEY, ABSTRACT NO. 18, SOUTHLAKE, TARRANT COUNTY, TEXAS BEING APPROXIMATELY 3.54 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 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 UNOFFICIAL REGULAR CITY COUNCIL MEETING MINUTES, DECEMBER 16, 2008 Page 10 of 12 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 approveOrdinance No. 480-577, 2 Reading (ZA08-044), Zoning Change and Site Plan for Regents Park granting the requested variance; noting and recommending that a common access easement on the buffer area between the western stub and western property line be reserved; and subject to Site Plan Review Summary No. 7, dated December 10, 2008. Motion: Terrell Second: Muzyka Ayes: Hill, Jones, Muller, Muzyka, Terrell, Stansell, Wambsganss Nays: None Approved: 7-0 Agenda Item No. 5. Public Forum. No one spoke during the public forum. Mayor Wambsganss called for a break and stated that Council will have a group photo taken. After the photo shoot, Mayor Wambsganss said Council would be going into Executive Session pursuant to the Texas Government Code Section 551.074, deliberation regarding personnel matters. City Council adjourned for a break and for Executive Session at 7:48 p.m. Executive Session began at 8:11 p.m. and ended at 8:57 p.m. Mayor Wambsganss reconvened the meeting at 8:57 p.m. and asked if any action was necessary from Executive Session. Mayor Wambsganss asked if there was any action relating to the extension of the City Manager’s contract. Motion was made to approve an employment agreement for the City Manager as discussed in executive session with the City Attorney specifically amending the agreement dates to run from January 1, 2009 to December 31, 2010 which will be approved by the Mayor after discussion with the City Attorney; the City Manager’s salary will be $150,000; the monthly automobile allowance will be $600 per month; and the deferred compensation will be $600 per month not to exceed $7,200 per year. Motion: Terrell Second: Jones Ayes: Hill, Jones, Muller, Muzyka, Terrell, Stansell, Wambsganss Nays: None Approved: 7-0 UNOFFICIAL REGULAR CITY COUNCIL MEETING MINUTES, DECEMBER 16, 2008 Page 11 of 12 Mayor Wambsganss asked if there is any action relating to the extension of the City Secretary’s contract. Motion was made to approve an employment agreement for the City Secretary as discussed in executive session with the term being January 1, 2009 to December 31, 2010 with the agreement being amended to reflect those dates with the approval of the Mayor; the City Secretary’s salary will be $82,000; and including a provision for a monthly automobile allowance at $2,400 per year or $200 per month. Motion: Terrell Second: Muzyka Ayes: Hill, Jones, Muller, Muzyka, Terrell, Stansell, Wambsganss Nays: None Approved: 7-0 Agenda Item No. 11. Meeting adjourned. Mayor Wambsganss adjourned the meeting at 9:00 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, DECEMBER 16, 2008 Page 12 of 12