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Item 5ACITY OF SOUTHLAKE REGULAR CITY COUNCIL MEETING MINUTES: MARCH 21, 2006 LOCATION: 1400 Main Street, Southlake, Texas Council Chambers in Town Hall CITY COUNCIL PRESENT : Mayor Andy Wambsganss, Mayor Pro Tem Keith Shankland, Deputy Mayor Pro Tem Carolyn Morris; and Councilmembers Laura K. Hill, Gregory Jones, Virginia M. Muzyka, and John Terrell. CITY COUNCIL ABSENT: None. STAFF PRESENT :City Manager Shana Yelverton, Assistant City Manager Jim Blagg, Assistant to the City Manager Ben Thatcher, Office Manager/PIO Kim Bush, Audio Visual System Technician Pam Jordan, Information Systems Technician Sam Cobb, Library Administrator Kerry McGeath, Director of Community Services Steve Polasek, Director of Economic Development Greg Last, Director of Finance Sharen Jackson, Chief Planner Dennis Killough, Director of Public Safety Rick Smith, Chief of Fire Services Robert Finn, Chief of Police Services Wade Goolsby, Director of Public Works Bob Price, Deputy Director of Public Works Charlie Thomas, Public Works Operations Manager Chuck Kendrick, City Attorney Betsy Elam, and City Secretary Lori Farwell. WORK SESSION: The work session was called to order by Mayor Wambsganss at 5:16 p.m. City Council reviewed the agenda items with city staff and applicants. The following items were added to the consent agenda: 7C and 8A to table at the applicant’s request to the April 4, 2006, City Council meeting; and 10A. The work session ended at 5:48 p.m. REGULAR SESSION: Agenda Item No. 1. Call to order. The regular session was called to order by Mayor Wambsganss at 5:48 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 city attorney; Section 551.072, deliberation regarding real property; and Section 551.087, deliberation regarding economic development negotiations. City Council adjourned for Executive Session at 5:48 p.m. Executive Session began at 6:15 p.m. and ended at 6:44 p.m. Agenda Item No. 2B. Reconvene. Mayor Wambsganss reconvened the regular meeting at 6:52 p.m. Mayor Wambsganss asked if any motion was necessary from Executive Session. No action was necessary. UNOFFICIAL REGULAR CITY COUNCIL MEETING MINUTES, MARCH 21, 2006 Page 1 of 7 Agenda Item No. 3. Invocation. The invocation was given by David Whitington from Christ Our King Church. Mayor Wambsganss led the audience in the pledge of allegiance. Agenda Item No. 4A. Mayor’s Report. Mayor Wambsganss announced upcoming meetings and events. Deputy Mayor Pro Tem Morris announced the grand opening of a new resale shop, A Touch of Grace, on March 24, 2006, in Grapevine, which benefits the GRACE charity. Agenda Item No. 4B. City Manager’s Report. City Manager Yelverton recognized Deputy Director Thomas who announced his retirement as of March 31, 2006. She thanked him for his outstanding service of almost eight years. Agenda Item No. 4C. Leadership Southlake branding presentation. Leadership Southlake members Tommy Pennington, Ed Richmond, and Joe Herzog presented information on city branding to Council. Agenda Item No. 4D. Financial Report. A written report was given to Council. Agenda Item No. 4E. Local Business Report. Director Last introduced David Allah, General Manager of McAlister’s Deli, who introduced his business to Council. CONSENT AGENDA: Consent agenda items are considered to be routine by the City Council and are enacted with one motion. Agenda Item No. 5A. Approve the minutes for the March 7, 2006, regular City Council meeting. A presentation was not made on this item. Agenda Item No. 5B. Consider award of bid to TruGreen LandCare for landscape maintenance of medians and city facilities in the amount of $35,619. A presentation was not made on this item. Agenda Item No. 5C. Authorize the purchase of a tractor from Saginaw Implement Co., in the amount of $25,934 through the Buy Board cooperative purchasing contract. A presentation was not made on this item. Agenda Item No. 5D. Consider an amendment to the professional services agreement with Schrickel, Rollins and Associates, Inc. for conceptual planning and schematic design of Bicentennial Park. Director Polasek presented this item to Council during the work session. Agenda Item No. 5E. Authorize the Mayor to execute a Residential Developer’s Agreement for WestWyck Hills, a 40-lot addition, located on Randol Mill Avenue north and west of Cross Timber Hills. A presentation was not made on this item. st Agenda Item No. 5F. Ordinance No. 717-E, 1 Reading, amend Ordinances 717, 717-B, 717-C, 717-D, 781 and Chapter 18, Sec. 18-79 of the Southlake Code of Ordinances, designating the speed limit within the Southlake Woods subdivision as 25 miles per hour. A presentation was not made on this item. UNOFFICIAL REGULAR CITY COUNCIL MEETING MINUTES, MARCH 21, 2006 Page 2 of 7 st Agenda Item No. 5G. Ordinance No. 480-HHH, 1 Reading, An amendment to the Comprehensive Zoning Ordinance No. 480, as amended, as it pertains to Planned Unit Development districts and plan requirements with certain zoning districts. A presentation was not made on this item. st Agenda Item No. 5H. Ordinance No. 480-483, 1 Reading (ZA06-008), Zoning Change and Concept Plan for Patterson’s Pond, Phase II being Tracts 5A3A and 5A3A1, Samuel Freeman Survey, Abstract No. 525, located at 701 North Kimball Avenue. Current Zoning: AG Agricultural District. Requested Zoning: SF-20A Single Family Residential District. SPIN Neighborhood #6. Chief Planner Killough presented this item to Council during the work session. Council approved this item subject to the recommendations of the Planning and Zoning Commission and subject to Concept Plan Review Summary No. 2, dated February 17, 2006. Agenda Item No. 5I. Resolution No. 06-015, Authorize the execution of the Gas Standing Steering Committee participation agreement. 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 AUTHORIZING THE EXECUTION OF THE GAS STANDING STEERING PARTICIPATION AGREEMENT. nd Agenda Item No. 5J. Ordinance No. 480-480, 2 Reading (ZA05-068), Zoning Change and Concept Plan for Southlake Crossroads (f.k.a. Carroll Crossroads) on property described as being a portion of Tract 4G, O.W. Knight Survey, Abstract No. 899; located at the southwest corner of East Southlake Boulevard and South Carroll Avenue. Current Zoning: AG Agricultural District. Requested Zoning: S-P-2 Generalized Site Plan District. SPIN Neighborhood #9e. The applicant requested to table this item to the June 6, 2006, City Council meeting. Agenda Item No. 5K. ZA05-173, Preliminary Plat for Tracts 4G, 4D1, and 4E1, O.W. Knight Survey, Abstract No. 899. The property is approximately 19.3 acres located approximately 340 feet west of the southwest corner of South Carroll Avenue and East Southlake Boulevard. Current Zoning: AG Agricultural District. Proposed Zoning: S-P-2 Generalized Site Plan District. SPIN Neighborhood # 9e. The applicant requested to table this item to the June 6, 2006, City Council meeting. Agenda Item No. 7C. ZA05-146, Site Plan for Bicentennial Plaza located at 410 West Southlake Boulevard. Current Zoning: C-2 Local Retail Commercial District. SPIN Neighborhood #10. The applicant requested to table this item to the April 4, 2006, City Council meeting. st Agenda Item No. 8A. Ordinance No. 480-481, 1 Reading (ZA05-146), Zoning Change and Site Plan for Bicentennial Plaza located at 410 West Southlake Boulevard. Current Zoning: C-2 Local Retail Commercial District. Requested Zoning: S-P-1 Detailed Site Plan District. SPIN Neighborhood #10. The applicant requested to table this item to the April 4, 2006, City Council meeting. UNOFFICIAL REGULAR CITY COUNCIL MEETING MINUTES, MARCH 21, 2006 Page 3 of 7 Agenda Item No.10A. Consider SP06-133, Variance to Sign Ordinance No. 704-B for Ella Bella located at 2001 West Southlake Boulevard, Suite 135. Chief Planner Killough presented this item to Council during the work session. Applicant and owner of Ella Bella, Chris Zober, made a presentation and answered Council’s questions. Council approved this item as represented in the applicant’s handout this evening. Motion was made to approve consent agenda items 5A; 5B; 5C; 5D; 5E; 5F; 5G; 5H subject to the recommendations of the Planning and Zoning Commission and subject to Concept Plan Review Summary No. 2, dated February 17, 2006; 5I; 5J; 5K; 7C and 8A to table at the applicant’s request to the April 4, 2006, City Council meeting; and 10A as represented in the applicant’s handout this evening. Motion: Muzyka Second: Jones Ayes: Hill, Jones, Morris, Muzyka, Shankland, Terrell, Wambsganss Nays: None Approved: 7-0 REGULAR AGENDA: Agenda Item No. 6. Public Forum. Karin Newell, 2819 R.D. Hurt Parkway, Bedford, Texas, represented the ARTSNET Partnership and thanked Council for their support of the program. nd Agenda Item No. 7A. Ordinance No. 893, 2 Reading, Establishing an additional penalty on Ad Valorem personal property taxes which remain delinquent for more than 60 days after February 1 of any year. Director Jackson 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 OF THE CITY OF SOUTHLAKE ESTABLISHING AN ADDITIONAL PENALTY ON AD VALOREM PERSONAL PROPERTY TAXES WHICH REMAIN DELINQUENT FOR MORE THAN 60 DAYS AFTER FEBRUARY 1 OF ANY YEAR AND ESTABLISHING SUCH PENALTY AND DATE OF IMPOSITION ON OTHER DELINQUENT AD VALOREM TAXES; PROVIDING A REPEALER CLAUSE; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE. No one spoke during the public hearing. Deputy Mayor Pro Tem Morris stepped out of the room. nd Motion was made to approve Ordinance No. 893, 2 Reading, Establishing an additional penalty on Ad Valorem personal property taxes which remain delinquent for more than 60 days after February 1 of any year. Motion: Jones Second: Terrell Ayes: Hill, Jones, Muzyka, Shankland, Terrell, Wambsganss Nays: None UNOFFICIAL REGULAR CITY COUNCIL MEETING MINUTES, MARCH 21, 2006 Page 4 of 7 Approved: 6-0 Deputy Mayor Pro Tem Morris re-entered the room. Agenda Item No. 7B. Authorize the Mayor to enter into an amended contract with Taylor, Olson, Adkins, Sralla & Elam, L.L.P., for the collection of delinquent taxes. A presentation was not made on this item. Motion was made to authorize the Mayor to enter into an amended contract with Taylor, Olson, Adkins, Sralla & Elam, L.L.P., for the collection of delinquent taxes. Motion: Jones Second: Terrell Ayes: Hill, Jones, Muzyka, Shankland, Terrell, Wambsganss Nays: None Approved: 6-0 st Agenda Item No. 8B. Ordinance No. 480-482, 1 Reading (ZA05-169), Zoning Change and Development Plan for Johnson Place, located at 2440 Johnson Road and 430 Randol Mill Avenue. Current Zoning: AG Agricultural District and SF-1A Single Family Residential District. Requested Zoning: R-PUD Residential Planned Unit Development District. SPIN Neighborhood #15. Chief Planner Killough presented this item to Council. Applicant Curtis Young with the Sage Group, representing Mady Development, made a presentation and answered Council’s questions. Council discussed this item and gave feedback to the applicant on areas of concern. The applicant asked to table this item to the next City Council meeting. st Motion was made to table Ordinance No. 480-482, 1 Reading (ZA05-169), Zoning Change and Development Plan for Johnson Place, located at 2440 Johnson Road and 430 Randol Mill Avenue to the April 4, 2006, City Council meeting. Motion: Jones Second: Terrell Ayes: Hill, Jones, Morris, Muzyka, Shankland, Terrell, Wambsganss Nays: None Approved: 7-0 Mayor Wambsganss called for a break at 9:49 p.m. Mayor Wambsganss reconvened the meeting at 10:07 p.m. Mayor Wambsganss allowed Joanna Hookstratten, of 2320, 2340 and 2360 Johnson Road, Southlake, Texas, to speak on item 8B. Ms. Hookstratten spoke in opposition. st Agenda Item No. 8C. Ordinance No. 480-484, 1 Reading (ZA05-164), Zoning Change for a portion of Lot 1, Block 1, Arnold Estates, located at 520 West Highland Street. Current Zoning: RE Single Family Residential Estate District. Requested Zoning: SF-1A Single Family Residential District. SPIN Neighborhood #11. Chief Planner Killough presented this item to Council. Applicant Jay Wasserman, 520 West Highland Street, Southlake, Texas, made a presentation and answered Council’s questions. UNOFFICIAL REGULAR CITY COUNCIL MEETING MINUTES, MARCH 21, 2006 Page 5 of 7 Adjacent land owner Robert Gray, 1275 Shady Oaks Drive, Southlake, Texas, answered Council’s questions. Mayor Wambsganss allowed the audience to speak. Kimberly Bulls, 1501 Coventry Lane, Southlake, Texas spoke in support of this item. Mayor Wambsganss read the comments of people who did not wish to speak into the record: Tim Raley, 440 West Highland Street, Southlake, Texas, opposed; Hobert and Terri Brown, 1612 Regal Oaks, Southlake, Texas, support; Njila Gamnje-Gordon, 1800 Leeds Drive, Southlake, Texas, support; Josh and Dana Lewin, 915 Turnberry Lane, Southlake, Texas, support; Ted Christensen, 1994 North Peytonville Avenue, Southlake, Texas, support; Robin Bryant, 1605 Pheasant Lane, Southlake, Texas, support; Jody Gooch, 705 Kleberg Court, Southlake, Texas, support; Susan and Anthony Davis, 709 Manchester Court, Southlake, Texas, support; Terry Walter, 907 Westminster Way, Southlake, Texas, support; Dana Sternfeld, 402 Bayou Vista Court, Southlake, Texas, support; Ken and Kelly Partyka, 1501 New Castle Road, Southlake, Texas, support; Carolyn Freudenthal, 565 Truelove Trail, Southlake, Texas, support; Catherine Coker, 2510 Greenbough Lane, Southlake, Texas, support; Maureen and Chris Cramer, 1505 New Castle Road, Southlake, Texas, support; Lori Pickle, 921 Parkview Lane, Southlake, Texas, support; James R. Bulls, Box 93145, Southlake, Texas, support; Russell D. Floyd, 1609 Regal Oaks Drive, support; and, Kristy Floyd, 1609 Regal Oaks Drive, support. Council discussed this request and asked questions of the applicant and of the city staff. For the record, Councilmember Terrell stated his reason for the considering the replat (not the subdivision into two lots) of this property is that the back part of the property is being added to an adjoining lot, and they will end up with same acreage in two lots as they had previously before the illegal subdivision. He added, however, he would need more information to allow the further division into two lots such as how they will handle the trees and the easement. Mr. Wasserman asked to table this request to work with city staff to find the proper resolution. st Motion was made to table Ordinance No. 480-484, 1 Reading (ZA05-164), Zoning Change for a portion of Lot 1, Block 1, Arnold Estates to the April 4, 2006, City Council meeting. Motion: Terrell Second: Shankland Chief Planner Killough suggested another option would be to remand this case to the Planning and Zoning Commission for consideration. The first motion was withdrawn and a second motion UNOFFICIAL REGULAR CITY COUNCIL MEETING MINUTES, MARCH 21, 2006 Page 6 of 7 was made. Councilmember Terrell withdrew his motion and Mayor Pro Tem Shankland withdrew his second. st Motion was made to remand Ordinance No. 480-484, 1 Reading (ZA05-164), Zoning Change for a portion of Lot 1, Block 1, Arnold Estates, to the Planning and Zoning Commission for consideration. Motion: Shankland Second: Jones Ayes: Hill, Jones, Morris, Muzyka, Shankland, Terrell, Wambsganss Nays: None Approved: 7-0 Agenda Item No. 11A. House Bill 914 – conflict disclosure statements. City Manager Yelverton presented this item to Council during the work session. Since this was only a discussion item, no action was taken. Council agreed, however, that the requirements of the bill should apply to all city employees rather than only board and commission members and specific employees. City Manager Yelverton stated the new requirements would be incorporated into the ethics ordinance. Agenda Item No. 12. Meeting adjourned. Mayor Wambsganss adjourned the meeting at 11:42 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 21, 2006 Page 7 of 7