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Item 4A REGULAR CITY COUNCIL MEETING MINUTES: MARCH 18, 2008 LOCATION :1400 Main Street, Southlake, Texas Council Chambers in Town Hall CITY COUNCIL PRESENT : Mayor Andy Wambsganss, Mayor Pro Tem Carolyn Morris Deputy Mayor Pro Tem Virginia M. Muzyka, and Councilmembers Laura K. Hill (arrived at 5:16 p.m.), Gregory Jones (arrived at 6:30 p.m.), Vernon Stansell (arrived at 5:41 p.m.) and John Terrell. CITY COUNCIL ABSENT : None STAFF PRESENT :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, Director of Community Services Steve Polasek, Deputy Director of Community Services Chris Tribble, Deputy Director of Community Services Kerry McGeath, Director of Economic Development Greg Last, Director of Finance Sharen Jackson, Director of Human Resources Kevin Hugman, Chief of Fire Services Robert Finn, Chief of Police Services Wade Goolsby, Director of Planning and Development Services Ken Baker, Chief Building Official Paul Ward, Planner Clayton Comstock, Director of Public Works Robert H. Price, Deputy Director of Public Works Gordon Mayer, Public Works Operations Manager Chuck Kendrick, Civil Engineer Cheryl Taylor, City Attorney E. Allen Taylor and Deputy City Secretary Tara Brooks WORK SESSION: Agenda Item No. 1. Call to order. The work session was called to order by Mayor Wambsganss at 5:09 p.m. Agenda Item No. 2. Invocation: Director Baker gave the invocation. Mayor Wambsganss lead the pledge of allegiance. Agenda Item No. 3. Recognition of Southlake Chamber of Commerce annual award recipients. Director Last introduced the president of the Southlake Chamber of Commerce, Giovanna Phillips, who introduced the award recipients: Brian Zvonocek, Central Market, Felicia Cyphers, Gary Blagg, Jill Clifton, Carita Weaver, Michael Burns, Jason Linda, Cassandra Shankman, and Laura Hill. Mayor Wambsganss and Council congratulated the winners. UNOFFICIAL REGULAR CITY COUNCIL MEETING MINUTES, MARCH 18, 2008 Page 1 of 8 Agenda Item No. 4. Discuss underground utilities for roundabouts. Deputy Director Mayer presented this item to Council and answered their questions. Council discussed the various options. Agenda Item No. 5. Discuss all items on tonight’s meeting agenda. City Council reviewed the agenda items with city staff. Council added item 7A to the consent agenda. Mayor Wambsganss closed the work session at 6:07 p.m. REGULAR SESSION: Agenda Item No. 1. Call to order. The regular session was called to order by Mayor Wambsganss at 6:07 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 and Section 551.087, deliberation regarding economic development negotiations. City Council adjourned for Executive Session at 6:08 p.m. Executive Session began at 6:20 p.m. and ended at 7:03 p.m. Agenda Item No. 2B. Reconvene. Mayor Wambsganss reconvened the regular meeting at 7:12 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. Mayor Pro Tem Morris announced upcoming events for the Bob Jones Nature Center Grand Opening in April. Councilmember Terrell invited everyone to the Southlake Sister Cities Farewell Party, as it will also mark the retirement of Seiko Sasaki from Sister Cities for Tome, Japan. Agenda Item No. 3B. City Manager’s Report. There was no report given. Agenda Item No. 3C. Financial Report. A written report was given 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 minutes from the February 27, 2008 City Council work session and from the March 4, 2008, regular City Council meeting. A presentation was not made on this item. Agenda Item No. 4B. Approve SPDC matching funds request from Southlake Historical Society in the amount of $2,500 for the addition of a back porch on the log cabin. A presentation was not made on this item. UNOFFICIAL REGULAR CITY COUNCIL MEETING MINUTES, MARCH 18, 2008 Page 2 of 8 Agenda Item No. 4C. Approve a professional services agreement with McNally & Associates for Southlake Department of Public Safety independent review. A presentation was not made on this item. Agenda Item No. 4D. Approve a professional services agreement with Cheatham and Associates in the amount of $118,710 for the design of the neighborhood sewer project in Heatherwood Estates, Royal Oaks Addition and Twin Creeks Addition. A presentation was not made on this item. Agenda Item No. 4E. Approve a professional services agreement with RJN Group, Inc., in the amount of $342,947 for phase 1 of the sanitary sewer evaluation study. A presentation was not made on this item. Agenda Item No. 4F. Resolution No. 08-011A, Approve an amendment to TxDOT municipal maintenance agreement for the furnishing, installing, operation and maintenance of cameras on state highway rights-of-way to monitor compliance with traffic-control signals. Director Price presented this item to Council during the work session. Director Price and Assistant City Manager Blagg answered Council’s questions. Agenda Item No. 4G. Resolution No. 08-009A, Amend Resolution No. 08-009, changing the election day polling location from Carroll High School to Southlake Town Hall for the May 10, 2008 General Election and the May 10, 2008 Special Election. A presentation was not made on this item. Agenda Item No. 4H. ZA07-158, Site Plan for Stratfort Gardens Office Park on property being legally described as Tract 3A, H. Granberry Survey, Abstract No. 581 and located at 425 West Southlake Boulevard. Current Zoning: C2 Local Retail Commercial. SPIN Neighborhood #14. This item was tabled to the April 15, 2008 Regular City Council meeting. st Agenda Item No. 4I. Ordinance No. 480-552, 1 Reading (ZA07-162), Zoning Change and Concept Plan for Lots 9-12, J. Childress No. 254 Addition on property being legally described as Tract 3D2, John Heirs Childress Survey, Abstract No. 254 and located at 3010 Lake Drive. Current Zoning: AG Agricultural District. Requested Zoning: SF20B Single Family Residential District. SPIN Neighborhood #3. This item was tabled to the April 1, 2008 Regular City Council meeting. nd Agenda Item No. 4J. Ordinance No. 480-553, 2 Reading (ZA08-002), Zoning Change and Site Plan for Nolen Center on property being legally described as a portion of Tract 2A2A, Thomas Easter Survey, Abstract No. 474 and located at 2627 East Southlake Boulevard. Current Zoning: AG Agricultural District. Requested Zoning: S-P-1 Detailed Site Plan District. SPIN Neighborhood #7. This item was tabled to the April 1, 2008 Regular City Council meeting. UNOFFICIAL REGULAR CITY COUNCIL MEETING MINUTES, MARCH 18, 2008 Page 3 of 8 Agenda Item No. 4K. ZA08-003, Preliminary Plat for Lots 1 and 2, Block 1, Nolen Center on property being legally described as Tract 2A2A, Thomas Easter Survey, Abstract No. 474 and located at 2627 East Southlake Boulevard. Current Zoning: AG Agricultural District. SPIN Neighborhood #7.This item was tabled to the April 1, 2008 Regular City Council meeting. st Agenda Item No. 7A. Ordinance No. 483-M, 1 Reading, Amending Section 7.05B of Article VII of the Southlake Subdivision Ordinance; providing an incentive to developers seeking to improve existing park facilities. Director Polasek answered Council’s questions during the work session. Motion was made to approve consent agenda items 4A ; 4B; 4C; 4D; 4E; 4F; 4G; to table item 4H at the applicant’s request to the April 15, 2008, City Council meeting; to table item 4I at the applicant’s request to the April 1, 2008, City Council meeting; to table item 4J at the applicant’s request to the April 1, 2008, City Council meeting; to table item 4K at the applicant’s request to the April 1, 2008, City Council meeting; and item 7A. Motion: Terrell Second: Muzyka Ayes: Hill, Jones, Morris, Muzyka, Stansell, Terrell, Wambsganss Nays: None Approved: 7-0 REGULAR AGENDA Agenda Item No. 5. Public Forum. No one spoke during public forum. Agenda Item No. 6A. ZA07-157, Site Plan for Southlake Wellness Center on property being legally described as Lot 18, O.W. Knight No. 899 Addition and located at 415 East Southlake Boulevard. Current Zoning: S-P-2 Generalized Site Plan District. SPIN Neighborhood # 9W. Planner Comstock presented this item to Council in conjunction with item 6B. Skip Blake from Blake Architects, 1202 South White Chapel Boulevard, Southlake, Texas reviewed this item and answered Council’s questions. No one spoke during the public hearing. Motion was made to approve ZA07-157, Site Plan for Southlake Wellness Center, subject to Site Plan Review Summary No. 4, dated February 15, 2008, with the understanding the applicant has agreed to add stone around the lower portion of the building that faces to the south, in the area where the carport is, on the wall that will be facing where the cars actually park. Motion: Jones Second: Morris Ayes: Hill, Jones, Morris, Muzyka, Stansell, Terrell, Wambsganss Nays: None Approved: 7-0 UNOFFICIAL REGULAR CITY COUNCIL MEETING MINUTES, MARCH 18, 2008 Page 4 of 8 Agenda Item No. 6B. Resolution No. 08-012, (ZA08-010) Specific Use Permit for carports for non-residential property on property being legally described as Lot 18, O.W. Knight No. 899 Addition and located at 415 East Southlake Boulevard. Current Zoning: S-P-2 Generalized Site Plan District. SPIN Neighborhood #9W. Planner Comstock presented this item to Council in conjunction with item 6A. Skip Blake from Blake Architects, 1202 South White Chapel Boulevard, 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: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS, GRANTING A SPECIFIC USE PERMIT FOR CARPORTS FOR NON-RESIDENTIAL PROPERTY ON PROPERTY WITHIN THE CITY OF SOUTHLAKE, TEXAS, LOCATED AT 415 EAST SOUTHLAKE BOULEVARD, BEING LEGALLY DESCRIBED AS LOT 18, O.W. KNIGHT NO. 899 ADDITION, MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT “A”, AND AS DEPICTED ON THE APPROVED SITE EXHIBIT ATTACHED HERETO AND INCORPORATED HEREIN AS EXHIBIT “B” AND PROVIDING AN EFFECTIVE DATE. No one spoke during the public hearing. Motion was made to approve Resolution No. 08-012, (ZA08-010) subject to Site Plan Review Summary No. 4, dated February 15, 2008. Motion: Jones Second: Morris Ayes: Hill, Jones, Morris, Muzyka, Stansell, Terrell, Wambsganss Nays: None Approved: 7-0 Councilmember Jones recused himself from item 6C and left the Council Chambers. nd Agenda Item No. 6C. Ordinance No. 480-542, 2 Reading (ZA07-129), Zoning Change and Site Plan for Southlake Villa Offices on property legally described as Tract 3, W.W. Hall Survey, Abstract No. 687, located at 310 East Southlake Boulevard. Current Zoning: AG Agricultural District. Requested Zoning: S-P-1 Detailed Site Plan District. SPIN Neighborhood #10. Director Baker presented this item to Council and answered their questions. Applicant, Skip Blake with Blake Architects, 1202 South White Chapel Boulevard reviewed this item and answered Council’s questions. In accordance with Section 4.21 of the City Charter, the caption for this item is listed as follows: AN ORDINANCE AMENDING ORDINANCE NO. 480, AS AMENDED, THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF SOUTHLAKE, TEXAS; GRANTING A ZONING CHANGE ON A CERTAIN TRACT OR TRACTS OF LAND WITHIN THE CITY OF SOUTHLAKE, TEXAS BEING LEGALLY DESCRIBED AS TRACT 3, SITUATED IN THE W.W. HALL SURVEY, ABSTRACT NO. 687, AND BEING APPROXIMATELY 2.887 ACRES, AND MORE FULLY AND COMPLETELY UNOFFICIAL REGULAR CITY COUNCIL MEETING MINUTES, MARCH 18, 2008 Page 5 of 8 DESCRIBED IN EXHIBIT “A” FROM “AG” AGRICULTURAL DISTRICT TO “S-P-1” DETAILED SITE PLAN DISTRICT WITH “O-1” OFFICE DISTRICT USES, AS DEPICTED ON THE APPROVED SITE PLAN ATTACHED HERETO AND INCORPORATED HEREIN AS EXHIBIT “B”, SUBJECT TO THE SPECIFIC REQUIREMENTS CONTAINED IN THIS ORDINANCE; CORRECTING THE OFFICIAL ZONING MAP; PRESERVING ALL OTHER PORTIONS OF THE ZONING ORDINANCE; DETERMINING THAT THE PUBLIC INTEREST, MORALS AND GENERAL WELFARE DEMAND THE ZONING CHANGES AND AMENDMENTS HEREIN MADE; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY FOR VIOLATIONS HEREOF; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE. Mayor Wambsganss opened the public hearing. Todd Weber, 823 Pearl Drive, Southlake, Texas discussed the fencing with Council. Greg Miller, 915B Emerald Boulevard, Southlake, Texas, asked that buildings 2, 3 and 4 be only one story, but if they have an attic, he requested all windows face south. Mayor Wambsganss closed the public hearing. Council discussed the fencing and covered parking. nd Motion was made to approve Ordinance No. 480-542, 2 Reading (ZA07-129), Zoning Change and Site Plan for Southlake Villa Offices; requiring all fencing and required bufferyards shall be installed subject to the landscape plan, as submitted and presented this evening, prior to the issuance of a certificate of occupancy; requiring the water retention feature in the southwest corner of the site shall be constructed, operational and meet city approval, prior to the issuance of a certificate of occupancy for the first building; requiring the fencing on the east and west side of the property will be built prior to the issuance of a certificate of occupancy; requiring the cost of the fencing on the west side of the property extending north from the property edge to Emerald to be escrowed for the use of the homeowner to install a fence; requiring all windows on buildings two, three and four that are above the main level of the structures to face south; permitting the fifteen covered parking spaces with nine on the east side (labeled as parking spaces 17-25) and six located on the north side; requiring that all parking spaces on the east side will be completely shielded from F.M. 1709 with utilization of clusters of Nellie R. Stevens, subject to the landscape plan; subject to Site Plan Review Summary No. 6, dated March 12, 2008, and granting the requested variances. Motion: Stansell Second: Morris Ayes: Hill, Morris, Muzyka, Stansell, Terrell, Wambsganss Nays: None UNOFFICIAL REGULAR CITY COUNCIL MEETING MINUTES, MARCH 18, 2008 Page 6 of 8 Approved: 6-0 Councilmember Jones returned to the meeting. nd Agenda Item No. 6D. Ordinance No. 480-554, 2 Reading (ZA08-011), Zoning Change and Site Plan for Lot 4, Block A, Commerce Business Park, located at 375 Commerce Street. Current Zoning: I1 Light Industrial District. Requested Zoning: S-P-1 Detailed Site Plan District. SPIN Neighborhood #7. Planner Comstock presented this item to Council. Applicant, Edwin Mannhart, 905 Emerald Boulevard, 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 LOTS 4, BLOCK A, COMMERCE BUSINESS PARK; AND BEING APPROXIMATELY 1.8 ACRES, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT “A” FROM “I-1” LIGHT INDUSTRIAL DISTRICT TO “S-P-1” DETAILED SITE PLAN DISTRICT WITH “I-1” LIGHT INDUSTRIAL USES AND TO INCLUDE LIMITED RETAIL 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. No one spoke during the public hearing. Council discussed the sidewalk with Mr. Mannhart and staff. nd Motion was made to approve Ordinance No. 480-554, 2 Reading (ZA08-011), Zoning Change and Site Plan for Lot 4, Block A, Commerce Business Park, subject to applicant’s willingness to build the five foot sidewalk prior to issuance of the certificate of occupancy; noting that council is not approving any signage at this time, and all signage requests will need to be brought back to council at a later date; subject to Planning and Zoning Commission’s recommendation; and subject to Site Plan Review Summary No. 3, dated March 12, 2008. Motion: Terrell Second: Muzyka Ayes: Hill, Jones, Morris, Muzyka, Stansell, Terrell, Wambsganss UNOFFICIAL REGULAR CITY COUNCIL MEETING MINUTES, MARCH 18, 2008 Page 7 of 8 Nays: None Approved: 7-0 Agenda Item No. 11. Meeting adjourned. Mayor Wambsganss adjourned the meeting at 8:23 p.m. *An audio recording of this meeting will be permanently retained in the City Secretary’s Office. ______________________________ Andy Wambsganss Mayor ATTEST: ______________________________ Tara Brooks Deputy City Secretary UNOFFICIAL REGULAR CITY COUNCIL MEETING MINUTES, MARCH 18, 2008 Page 8 of 8