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Item 4ACITY OF SOUTHLAKE REGULAR CITY COUNCIL MEETING MINUTES: MARCH 20, 2007 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 John Terrell, and Councilmembers Laura K. Hill, Gregory Jones, Virginia M. Muzyka, and Vernon Stansell. CITY COUNCIL ABSENT :None. STAFF PRESENT :City Manager Shana Yelverton, Assistant City Manager Jim Blagg, Assistant to the City Manager Ben Thatcher, City Manager Intern Candice Sanders, Community Relations Officer Pilar Schank, Manager of Information Services Gary Gregg, Audio Visual Systems Technician Pam Jordan, Library Administrator Kerry McGeath, Director of Community Services Steve Polasek, Director of Economic Development Greg Last, Director of Finance Sharen Jackson, Chief of Fire Services Robert Finn, Chief of Police Services Wade Goolsby, Director of Human Resources Kevin Hugman, Director of Planning Ken Baker, Chief Building Official Paul Ward, Chief Planner Jayashree Narayana, Planner Clayton Comstock, Director of Public Works Robert H. Price, City Attorney Tim Sralla, and City Secretary Lori Farwell. 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. Coy Quesenbury from Lonesome Dove Baptist Church gave the invocation. Mayor Wambsganss led the Pledge of Allegiance. Agenda Item No. 3. Development Activity Report. Director Baker presented this item to Council. Agenda Item No. 4. Southlake 2025 Update. Director Baker presented this item to Council. Agenda Item No. 5. TXU Underground Utility Program. This item was not discussed but will be brought back at a later meeting. Agenda Item No. 6. Discuss all items on tonight’s meeting agenda. City Council reviewed the consent agenda items with city staff. Item 4F was removed from the consent agenda and considered separately. Item 9B was added to the consent agenda. The work session ended at 6:15 p.m. UNOFFICIAL REGULAR CITY COUNCIL MEETING MINUTES, MARCH 20, 2007 Page 1 of 8 REGULAR SESSION: Agenda Item No. 1. Call to order. The regular session was called to order by Mayor Wambsganss at 6:15 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; Section 551.072, deliberation regarding real property; and Section 551.087, deliberation regarding economic development negotiations. City Council adjourned for Executive Session at 6:15 p.m. Executive Session began at 6:35 p.m. and ended at 7:17 p.m. Agenda Item No. 2B. Reconvene. Mayor Wambsganss reconvened the regular meeting at 7:30 p.m. and asked if any action was necessary from Executive Session. No action was necessary. Motion was made to authorize staff to begin negotiations to secure the property as discussed in executive session. Motion: Terrell Second: Muzyka Ayes: Hill, Jones, Morris, Muzyka, Terrell, Stansell, Wambsganss Nays: None Approved: 7-0 Agenda Item No. 3A. Mayor’s Report. Mayor Wambsganss announced upcoming meetings and events. Agenda Item No. 3A1. Proclamation for World Water Day. Mayor Wambsganss presented a proclamation to Kimberly Simeus to help raise awareness of the critical lack of safe drinking water worldwide. Mrs. Simeus thanked the Mayor and made a brief presentation on World Water Day. Agenda Item No. 3B. City Manager’s Report. This item was given after the consent agenda was approved. Agenda Item No. 3C. Financial Report. A written report was given to Council. Agenda Item No. 3D. Parks and Recreation Board Report. No report was given. CONSENT AGENDA: Consent agenda items are considered to be routine by the City Council and are enacted with one motion. Agenda Item No. 4A. Approve the minutes from the March 6, 2007, regular City Council meeting. The minutes were amended to add the words “approving requested variances” as part of the motion for agenda item 6C. Agenda Item No. 4B. Excuse members of the City Council and Planning and Zoning Commission for absences from meetings. Mayor Wambsganss was absent from the March 6, UNOFFICIAL REGULAR CITY COUNCIL MEETING MINUTES, MARCH 20, 2007 Page 2 of 8 2007, City Council meeting and Commissioner C.D. Peebles was absent from the March 8, 2007, Planning and Zoning Commission meeting. Agenda Item No. 4C. Resolution No. 07-015, Authorize a one-time payment of accrued sick leave to 911 Dispatch employees transferred to the City of Keller as of April 1, 2007. 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, AUTHORIZING A ONE-TIME PAYMENT OF ACCRUED SICK LEAVE TO 911 DISPATCH EMPLOYEES TRANSFERRED TO THE CITY OF KELLER AS OF APRIL 1, 2007. Agenda Item No. 4D. Approve amended FY2006-07 Crime Control and Prevention District Operating Budget. A presentation was not made on this item. Agenda Item No. 4E. ZA06-132, Preliminary Plat for Estancia at Southlake, located at 579 North Kimball Avenue. Current Zoning: R-PUD Residential Planned Unit Development District. SPIN Neighborhood #6. A presentation was not made on this item. Agenda Item No. 4F. ZA07-017, Plat Revision for Lots 1R1 and 1R2, Block C, Briarwood Estates, Phase I, located at 400 Briarwood Drive. Current Zoning: MF-1 Two Family Residential District. SPIN Neighborhood #6. This item was removed from the consent agenda and considered prior to the regular agenda. Agenda Item No. 4G. ZA07-023, Plat Revision for Block 3R2, Southlake Town Square, located on the northwest corner of Main Street and State Street. Current Zoning: DT Downtown District. SPIN Neighborhood #8. A presentation was not made on this item. Agenda Item No. 4H. Consider SP07-073, Variance to Sign Ordinance No. 704-C for Southlake Town Square, located at the northeast corner of East Southlake Boulevard and North Carroll Avenue. A presentation was not made on this item. Council discussed this item during work session. Agenda Item No. 4I. ZA07-025, Plat Revision for Lots 1R1 & 1R2, 2R, 4R1, 4R2, and 4R3, Block 1, Sabre Group Campus, being a revision of Lots 1, 2, & 4, Block 1, Sabre Group Campus, located at Kirkwood Boulevard and State Highway 114. Current Zoning: NR-PUD Non-Residential Planned Unit Development District. SPIN Neighborhood #2. A presentation was not made on this item. Agenda Item No. 4J. ZA06-187, Site Plan for Masco Service Corporation, located at 1200 North Kimball Avenue. Current Zoning: B-1 Business Service Park District. SPIN Neighborhood #5. The applicant requested to table this item to the April 3, 2007, City Council meeting. Agenda Item No. 4K. Approve Right-of-way Encroachment Agreement for Masco Service Corporation. This item has been tabled until the April 3, 2007, City Council meeting. UNOFFICIAL REGULAR CITY COUNCIL MEETING MINUTES, MARCH 20, 2007 Page 3 of 8 Agenda Item No. 4L. ZA06-023, Plat Showing for Lots 19 and 20, F. Throop No. 1511 Addition, located at 1200 North Kimball Avenue. Current Zoning: B-1 Business Service Park District. SPIN Neighborhood #5. The applicant requested to table this item to the April 3, 2007, City Council meeting. Agenda Item No. 9B. Authorize Amendment No. 1 to a Professional Services Agreement with Teague, Nall, and Perkins, Inc., to provide engineering services related to construction plan review, authorize staff to execute said contract and take any necessary action. Director Price presented this item to Council during the work session and answered Council’s questions. Motion was made to approve consent agenda items 4A with the addition of the words, “approving requested variances,” as part of the motion for agenda item 6C; 4B to excuse Mayor Wambsganss from the March 6, 2007, City Council meeting and Commissioner C.D. Peebles from the March 8, 2007, Planning and Zoning Commission meeting; 4C; 4D; 4E subject to Plat Review Summary No. 3, dated March 2, 2007; 4G subject to Plat Review Summary No. 1, dated March 2, 2007; 4H; 4I subject to Revised Plat Review Summary No. 1, dated March 13, 2007; to table 4J to the April 3, 2007, City Council meeting; to table item 4K to the April 3, 2007, City Council meeting; to table item 4L to the April 3, 2007, City Council meeting; and 9B. Motion: Terrell Second: Muzyka Ayes: Hill, Jones, Morris, Muzyka, Terrell, Stansell, Wambsganss Nays: None Approved: 7-0 Agenda Item No. 3B. City Manager’s Report. City Manager Yelverton announced several recent staff accomplishments and awards. Fire Chief Finn presented information on a recent award from the Center for Digital Government to the Department of Public Safety for Best Application Serving Multiple Jurisdictions. City Manager Yelverton recognized the Building Inspections Division for receiving an award from the Building Officials Association of Texas for the fifth straight year. Chief Building Official Ward was presented the award by Mayor Wambsganss. City Manager Yelverton also noted that Bicentennial Park was recently voted the Best Park for Children by readers of the Southlake Journal, the Grapevine Courier, and the Colleyville Courier and congratulated Director Polasek and his Parks and Recreation Department. Agenda Item No. 4F. ZA07-017, Plat Revision for Lots 1R1 and 1R2, Block C, Briarwood Estates, Phase I, located at 400 Briarwood Drive. Current Zoning: MF-1 Two Family Residential District. SPIN Neighborhood #6. Director Baker presented this item to Council. Mayor Wambsganss read comment cards into the record of adjacent residents who registered opposition: John Towry, 475 Briarwood Drive, Southlake, Texas, and Jesse R. Hames, 425 Briarwood Drive, Southlake, Texas. Tom Pafel, 550 Briarwood Drive, Southlake, Texas, spoke in opposition to this item. UNOFFICIAL REGULAR CITY COUNCIL MEETING MINUTES, MARCH 20, 2007 Page 4 of 8 Motion was made to approve ZA07-017, Plat Revision for Lots 1R1 and 1R2, Block C, Briarwood Estates, Phase I, located at 400 Briarwood Drive, subject to Plat Review Summary No. 2, dated March 2, 2007, and the recommendations of the Planning and Zoning Commission. Motion: Terrell Second: Jones Ayes: Jones, Morris, Muzyka, Terrell, Stansell, Wambsganss Nays: Hill Approved: 6-1 REGULAR AGENDA: Agenda Item No. 5. Public Forum. Connor Brankin, 139 Jellico Circle, Southlake, Texas, spoke th about the upcoming Southlake Library 4 Annual Celtic Celebration Show. nd Agenda Item No. 6A. Ordinance No. 480-516, 2 Reading, (ZA07-010), Zoning Change and Concept Plan for Lot 14, J.G. Allen No. 18 Addition, located at 2865 Johnson Road. Current Zoning: AG Agricultural District. Requested Zoning: SF-1A Single Family Residential District. SPIN Neighborhood #15. Director Baker 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; GRANTING A ZONING CHANGE ON A CERTAIN TRACT OR TRACTS OF LAND WITHIN THE CITY OF SOUTHLAKE, TEXAS, BEING LEGALLY DESCRIBED AS TRACT 2C9, SITUATED IN THE J.G. ALLEN SURVEY, ABSTRACT NO. 18, BEING APPROXIMATELY 1.997 ACRES, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT “A” FROM “AG” AGRICULTURAL DISTRICT TO “SF-1A” SINGLE FAMILY RESIDENTIAL DISTRICT, AS DEPICTED ON THE APPROVED CONCEPT 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. nd Motion was made to approve Ordinance No. 480-516, 2 Reading, (ZA07-010), Zoning Change and Concept Plan for Lot 14, J.G. Allen No. 18 Addition, subject to Concept Plan Review Summary No. 3, dated March 14, 2007. Motion: Terrell Second: Jones UNOFFICIAL REGULAR CITY COUNCIL MEETING MINUTES, MARCH 20, 2007 Page 5 of 8 Ayes: Hill, Jones, Morris, Muzyka, Terrell, Stansell, Wambsganss Nays: None Approved: 7-0 st Agenda Item No. 7A. Ordinance No. 480-517, 1 Reading (ZA07-004), Zoning Change and Concept Plan for Image Business Park, located at 2301 Crooked Lane. Current Zoning: S-P-2 Generalized Site Plan District. Requested Zoning: S-P-2 Generalized Site Plan District. SPIN Neighborhood #7. Director Baker presented this item to Council. Applicant F.C. LeVrier from Suncoast Architects made a presentation and answered Council’s questions. Council discussed this request. st Motion was made to approve Ordinance No. 480-517, 1 Reading (ZA07-004), Zoning Change and Concept Plan for Image Business Park subject to Revised Concept Plan Review Summary No. 3, dated March 14, 2007, noting the applicant has agreed to substitute concrete stucco in any location on their prints referencing EFIS; requiring the pond to be a retention/detention pond; nd requiring the applicant to look at a more permanent fencing than the wood fencing shown by 2 Reading; subject to the recommendations of the Planning and Zoning Commission specifically approving the variances for stacking on Lot 1 and the right-of-way and adding sexually oriented businesses to be on the list of excluded uses; requiring the applicant to look at access with nd Carroll Independent School District by 2 Reading; and accepting the applicant’s agreement to provide an easement for access to Crooked Lane. Motion: Terrell Second: Stansell Ayes: Hill, Jones, Morris, Muzyka, Terrell, Stansell, Wambsganss Nays: None Approved: 7-0 Mayor Wambsganss called for a break at 8:50 p.m. and reconvened the meeting at 9:05 p.m. st Agenda Item No. 7B. Ordinance No. 898-A, 1 Reading, Amend Ordinance No. 898 FY2006-07 Annual Budget. Director Jackson presented this item to Council. st Motion was made to approve Ordinance No. 898-A, 1 Reading, Amend Ordinance No. 898 FY2006-07 Annual Budget. Motion: Jones Second: Muzyka Ayes: Hill, Jones, Morris, Muzyka, Terrell, Stansell, Wambsganss Nays: None Approved: 7-0 Agenda Item No. 9A. Consider SP07-075, Master Sign Plan for Watermere at Southlake, located on the south side of West Southlake Boulevard at Owenwood Drive. Chief Planner Narayana presented this item to Council. Applicants Murphy Webster from Fource Communications and Scott and Rick Simmons, 3101 West Southlake Boulevard, Southlake, Texas, answered Council’s questions. UNOFFICIAL REGULAR CITY COUNCIL MEETING MINUTES, MARCH 20, 2007 Page 6 of 8 Motion was made to approve SP07-075, Master Sign Plan for Watermere at Southlake, located on the south side of West Southlake Boulevard at Owenwood Drive and directing staff to include this submittal as an example package for other developers/applicants. Motion: Jones Second: Morris Ayes: Hill, Jones, Morris, Muzyka, Terrell, Stansell, Wambsganss Nays: None Approved: 7-0 Agenda Item No. 9C. Authorize the City Manager to sign a contract for residential and commercial refuse collection and recyclable materials collection with Republic Waste Services of Texas, Ltd. (dba Duncan Disposal). Assistant City Manager Blagg presented this item to Council and answered their questions. Council discussed this item. Mayor Wambsganss allowed the public to speak. Steve Kellar from Waste Management, 1600 C. South Railroad, Fort Worth, Texas, spoke in opposition. Bob Kneis from IESI Corporation, 2301 Eagle Parkway, Fort Worth, Texas, spoke in opposition. Tom Sheehy, 210 Creekway Bend, Southlake, Texas, spoke in opposition. Jim Lattimore from Allied Waste, 6200 Eliott Reeder Road, Fort Worth, Texas, spoke in opposition. Mayor Wambsganss announced City Council would be going into Executive Session pursuant to the Texas Government Code, Section 551.071, Consultation with attorney. City Council adjourned for Executive Session at 9:57 p.m. Executive Session began at 9:58 p.m. and ended at 10:02 p.m. Mayor Wambsganss reconvened the meeting at 10:04 p.m. No action was taken as a result of the executive session. City Attorney Sralla addressed questions regarding the competitive bid process. Nick Stefkovich from Republic Waste answered Council’s questions. Motion was made to authorize the City Manager to sign a contract for residential and commercial refuse collection and recyclable materials collection with Republic Waste Services of Texas, Ltd. (dba Duncan Disposal). Motion: Terrell Second: Jones Ayes: Hill, Jones, Morris, Muzyka, Terrell, Stansell, Wambsganss Nays: None Approved: 7-0 UNOFFICIAL REGULAR CITY COUNCIL MEETING MINUTES, MARCH 20, 2007 Page 7 of 8 Agenda Item No. 11. Adjournment. Mayor Wambsganss adjourned the meeting at 10:16 p.m. *An audio recording of this meeting will be permanently retained in the City Secretary’s Office. ______________________________ Andy Wambsganss Mayor ATTEST: ______________________________ Lori A. Farwell, TRMC City Secretary UNOFFICIAL REGULAR CITY COUNCIL MEETING MINUTES, MARCH 20, 2007 Page 8 of 8