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Item 4AREGULAR CITY COUNCIL MEETING MINUTES: JUNE 17, 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, Gregory Jones, John Terrell, 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 Information Systems Gary Gregg, Information Systems Technician Sam Cobb, 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, Director of Human Resources Kevin Hugman, Interim Chief of Fire Services Mike Starr, Interim Chief of Police Services Robert Finn, Police Captain Rusty Daniels, Director of Planning and Development Services Ken Baker, Deputy Director of Planning and Development Services Dennis Killough, Planner II Richard Schell, Chief Building Official Paul Ward, Director of Public Works Robert H. Price, Deputy Director of Public Works Gordon Mayer, Public Works Operations Manager Chuck Kendrick, City Attorney Tim Sralla, 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 5:17 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. Introduction of new Community Services Construction Manager, Peter Kao. City Manager Yelverton made introductory comments and then Interim Director of Community Services Tribble introduced Mr. Kao. Agenda Item No. 4. Discuss all items on tonight’s meeting agenda. City Council reviewed the agenda items with city staff. Items 8A, 8B and 9C were added to the consent agenda. UNOFFICIAL REGULAR CITY COUNCIL MEETING MINUTES, JUNE 17, 2008 Page 1 of 8 Mayor Wambsganss closed the work session at 5:31 p.m. REGULAR SESSION: Agenda Item No. 1. Call to order. The regular session was called to order by Mayor Wambsganss at 5:31 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 5:31 p.m. Executive Session began at 6:02 p.m. Executive Session ended at 7:30 p.m. Agenda Item No. 2B. Reconvene. Mayor Wambsganss reconvened the regular meeting at 7:42 p.m. Agenda Item No. 3A. Mayor’s Report. Mayor Wambsganss announced upcoming meetings and events including Item 3A1, the Stars and Stripes Event. Agenda Item No. 3A2. Recognition of Bob Jones Nature Center Photo Contest winners. Mayor Wambsganss introduced Emily Galpin with Bob Jones Nature Center who asked the winners to come forward and show their photos to the Council and the audience. Agenda Item No. 3B. City Manager’s Report. A report was not given. Agenda Item No. 3C. Parks and Recreation Board Report. Board member Julie Landesberg reported to Council on the Board’s upcoming meetings and events. Agenda Item No. 3D. Financial Report. A written report was provided 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 June 3, 2008, regular City Council meeting. A presentation was not made on this item. The minutes were approved as presented. Agenda Item No. 4B. Approve a lease agreement for grazing on approximately 4.5 acres of undeveloped City park property. A presentation was not made on this item. Agenda Item No. 4C. Approve annual renewal agreement with Premier Chemicals, L.L.C., to provide odor control treatment at lift station. A presentation was not made on this item. UNOFFICIAL REGULAR CITY COUNCIL MEETING MINUTES, JUNE 17, 2008 Page 2 of 8 Agenda Item No. 4D. Approve a residential developer agreement with Bosworth Farms II, L.P. for East Haven Addition, a 7-lot (6 residential, 1 public park) subdivision located on the south side of East Continental Boulevard, west of South Carroll Avenue. A presentation was not made on this item. The approval of this item was contingent upon approval of Item 6B which is the zoning for this property. st Agenda Item No. 4E. Ordinance No. 480-563, 1 Reading (ZA08-037), Zoning Change and Concept Plan for Lot 28, F. Throop No. 1511 Addition on property located at 1780 North Kimball Avenue on property being legally described as Tract 1D, Francis Throop Survey, Abstract No. 1511. Current Zoning: AG Agricultural District. Requested Zoning: SF-30 Single Family Residential District. SPIN Neighborhood #5. A presentation was not made on this item. The approval of this item was subject to Concept Plan Review Summary No. 2, dated May 30, 2008. Agenda Item No. 4F. Consider SP08-133, Variance to Sign Ordinance No. 704-C for Southlake Church, located at 2501 West Southlake Boulevard. A presentation was not made on this item. Agenda Item No. 4G. Consider SP08-122, Variance to Sign Ordinance No. 704-C for Adams Engineering, located at 910 South Kimball Avenue in the Champion Crossing development. A presentation was not made on this item. st Agenda Item No. 4H. Ordinance No. 480-562, 1 Reading (ZA07-148), Zoning Change and Site Plan for Onsom Medical Offices on property legally described as Tracts 4C1A 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 July 1, 2008, regular City Council meeting. Agenda Item No. 8A. Resolution No. 08-024, Authorize the city attorney to bring condemnation action for the purpose of obtaining a permanent utility easement and two temporary construction easements for the purpose of construction and maintenance of sewer lines on Lot 20, Block A, Quail Creek Estates Addition, an addition to the City of Southlake, Tarrant County, Texas located at 905 Quail Creek Court. 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, AUTHORIZING THE CITY ATTORNEY TO BRING A CONDEMNATION ACTION FOR THE PURPOSE OF OBTAINING PERMANENT UTILITY EASEMENT AND TWO TEMPORARY CONSTRUCTION EASEMENTS FOR THE PURPOSE OF CONSTRUCTION AND MAINTENANCE OF SEWER LINES OR FOR OTHER PUBLIC PURPOSES PERMITTED BY LAW. Agenda Item No. 8B.Resolution No. 08-025, Authorize the city attorney to bring condemnation action for the purpose of obtaining a right of way for the purpose of UNOFFICIAL REGULAR CITY COUNCIL MEETING MINUTES, JUNE 17, 2008 Page 3 of 8 construction and maintenance of water lines, trails, and roadway appurtenances on land located in the John Childress Heirs Survey, Abstract No. 253, Tarrant County, Texas and being further described in a deed dated March 20, 1978, recorded in Volume 6455, Page 788, Deed Records of Tarrant County, Texas located at 1395 Randol Mill Avenue. 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, AUTHORIZING THE CITY ATTORNEY TO BRING A CONDEMNATION ACTION FOR THE PURPOSE OF OBTAINING A RIGHT OF WAY FOR THE PURPOSE OF CONSTRUCTION AND MAINTENANCE OF WATER LINES, TRAILS AND ROADWAY APPURTENANCES OR FOR OTHER PUBLIC PURPOSES PERMITTED BY LAW. Agenda Item No. 9C. Approve a concert and soccer match at Dragon Stadium sponsored by Radio AYO KFJZ 870 AM. Director Baker presented this item to Council during the work session. The applicants answered questions from Council and told them about the event. Motion was made to approve consent agenda Items 4A; 4B; 4C; 4D contingent upon approval of Item 6B which is the zoning for this property; 4E subject to Concept Plan Review Summary No. 2, dated May 30, 2008; 4F; 4G; to table 4H to the July 1, 2008 City Council meeting; 8A; 8B; and 9C. Motion: Terrell Second: Jones Ayes: Jones, Morris, Muzyka, Stansell, Terrell, Wambsganss Nays: None Approved: 6-0 (Hill was out of the room) REGULAR AGENDA: Agenda Item No. 5. Public Forum. No one spoke. nd Agenda Item No. 6A. Ordinance No. 895-A, 2 Reading, Approve an amendment to the City of Southlake Water Conservation Ordinance per contractual obligation with the City of Fort Worth. Director Price presented this item to Council and answered questions. 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, AMENDING CHAPTER 19 “UTILITIES”, ARTICLE II “WATER”, DIVISION 3 “WATER CONSERVATION” OF THE CODE OF ORDINANCES; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY FOR VIOLATIONS HEREOF; 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, JUNE 17, 2008 Page 4 of 8 nd Motion was made to approve Ordinance No. 895-A, 2 Reading, Approve an amendment to the City of Southlake Water Conservation Ordinance per contractual obligation with the City of Fort Worth. Motion: Terrell Second: Muzyka Ayes: Hill, Jones, Morris, Muzyka, Stansell, Terrell, Wambsganss Nays: None Approved: 7-0 nd Agenda Item No. 6B. Ordinance No. 480-555, 2 Reading (ZA07-058), Zoning Change and Development Plan for East Haven Addition on property being legally described as Lots 7R, 8R, 20R, and 21R, East Haven Addition and Tracts 1A, 2A, 2A2, 2A3, and 2B1, Hollingsworth and Barnett Survey, Abstract No. 787 and located along Haven Circle (formerly known as East and West Perry Circle) and along the south side of the 900 block of East Continental Boulevard. Current Zoning: I1 Light Industrial District and AG Agricultural District. Requested Zoning: R-PUD Residential Planned Unit Development District. SPIN Neighborhood #9e. Director Baker presented this item to Council and answered questions. Council had no questions for the applicant. 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 1A, 2A, 2A2, 2A3, 2B1, HOLLINGSWORTH & BARNETT SURVEY, ABSTRACT NO. 797 AND LOTS 7R, 8R, 20R, 21R EAST HAVEN ADDITION.BEING APPROXIMATELY 5.54 ACRES, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT “A” FROM “AG” AGRICULTURAL DISTRICT AND “I-1” LIGHT INDUSTRIAL DISTRICT TO “R-PUD” RESIDENTIAL PLANNED UNIT DEVELOPMENT DISTRICT WITH “SF-20A” SINGLE FAMILY RESIDENTIAL DISTRICT USES, AS DEPICTED ON THE APPROVED DEVELOPMENT PLAN, INCLUDING “RPUD” 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. UNOFFICIAL REGULAR CITY COUNCIL MEETING MINUTES, JUNE 17, 2008 Page 5 of 8 nd Motion was made to approve Ordinance No. 480-555, 2 Reading (ZA07-058), Zoning Change and Development Plan for East Haven Addition subject to the recommendations of the Planning and Zoning Commission; subject to Council’s motion from first reading; subject to the changes recommended by staff this evening on the landscape plan for the open space and park; and subject to Development Plan Review Summary No. 5, dated April 30, 2008. Motion: Terrell Second: Morris Ayes: Hill, Jones, Morris, Muzyka, Stansell, Terrell, Wambsganss Nays: None Approved: 7-0 Agenda Item No. 6C. Resolution No. 08-023 (ZA08-024), Specific Use Permit for Fireplug Inn - Kennel, on property legally described as Lot 3R11, Green Meadow Subdivision and located at 2251 East Continental Boulevard. Current Zoning: I-1 Light Industrial District. SPIN Neighborhood #7. Deputy Director Killough presented this item simultaneously with Item 6D and answered Council’s questions. Council had no questions for the applicants. 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 A KENNEL ON PROPERTY WITHIN THE CITY OF SOUTHLAKE, TEXAS, LOCATED AT 2251 EAST CONTINENTAL BOULEVARD, BEING LEGALLY DESCRIBED AS LOT 3R11R2, GREEN MEADOW SUBDIVISION, 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 to approve Resolution No. 08-023 (ZA08-024), Specific Use Permit for Fireplug Inn – Kennel to approve the requested variance; subject to the staff presentation; and subject to Staff Review Summary No. 3, dated May 30, 2008. Motion: Jones Second: Morris Ayes: Hill, Jones, Morris, Muzyka, Stansell, Terrell, Wambsganss Nays: None Approved: 7-0 Agenda Item No. 6D. ZA08-025, Plat Revision for Lots 3R11R1 and 3R11R2, Green Meadow Subdivision being a revision of Lot 3R11, Green Meadow Subdivision located at 2251 East Continental Boulevard. Current Zoning: I-1 Light Industrial District. SPIN Neighborhood #7. Deputy Director Killough presented this item simultaneously with Item 6C and answered Council’s questions. Council had no questions for the applicants. UNOFFICIAL REGULAR CITY COUNCIL MEETING MINUTES, JUNE 17, 2008 Page 6 of 8 Motion to approve ZA08-025, Plat Revision for Lots 3R11R1 and 3R11R2, Green Meadow Subdivision to approve the requested variance; and subject to Plat Review Summary No. 2, dated May 30, 2008. Motion: Jones Second: Terrell Ayes: Hill, Jones, Morris, Muzyka, Stansell, Terrell, Wambsganss Nays: None Approved: 7-0 Agenda Item No. 9A. Consider SP06-362A, Variance to Sign Ordinance No. 704-C for Bicentennial Retail Plaza, located at the northeast corner of Bicentennial Drive and West Southlake Boulevard. Deputy Director Killough presented this item to Council and answered questions. Council discussed this request. Motion to approve SP06-362A, Variance to Sign Ordinance No. 704-C for Bicentennial Retail Plaza as presented. Motion: Terrell Second: Jones Ayes: Hill, Jones, Morris, Muzyka, Stansell, Terrell, Wambsganss Nays: None Approved: 7-0 Agenda Item No. 9B. Approve a commercial developer’s agreement with Gateway Church for phase I construction of East Kirkwood Boulevard, Grace Lane, Blessed Way and associated utility and drainage improvements located north of State Highway 114 between North Kimball Avenue and North Carroll Avenue. Deputy Director Mayer presented this item to Council and answered questions. Applicant Doug Sluiter, Executive Director Campus Development for Gateway Church, made a presentation to Council and answered questions. Motion to approve a commercial developer’s agreement with Gateway Church for phase I construction of East Kirkwood Boulevard, Grace Lane, Blessed Way and associated utility and drainage improvements located north of State Highway 114 between North Kimball Avenue and North Carroll Avenue, to approve as presented, however, not including the waiver of the standard administrative and construction inspection fees in the amount of $177,105 but including the waiver of the roadway impact fees resulting from the actual calculations (estimate of $20,000). Motion: Terrell Second: Muzyka Ayes: Hill, Jones, Morris, Muzyka, Stansell, Terrell, Wambsganss Nays: None Approved: 7-0 Agenda Item No. 11. Meeting adjourned. Mayor Wambsganss adjourned the meeting at 9:01 p.m. UNOFFICIAL REGULAR CITY COUNCIL MEETING MINUTES, JUNE 17, 2008 Page 7 of 8 *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, JUNE 17, 2008 Page 8 of 8