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Item 5ACITY OF SOUTHLAKE REGULAR CITY COUNCIL MEETING MINUTES: APRIL 18, 2006 LOCATION: 1400 Main Street, Southlake, Texas Council Chambers in Town Hall CITY COUNCIL PRESENT : 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: Mayor Andy Wambsganss. STAFF PRESENT :City Manager Shana Yelverton, Assistant City Manager Jim Blagg, Assistant to the City Manager Ben Thatcher, Office Manager/PIO Kim Bush, Manager of Technical Services Gary Gregg, Audio Visual System Technician Pam Jordan, Library Administrator Kerry McGeath, Director of Community Services Steve Polasek, Director of Economic Development Greg Last, Director of Finance Sharen Jackson, Director of Human Resources Kevin Hugman, Director of Planning Ken Baker, 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, Public Works Operations Manager Chuck Kendrick, Civil Engineer Cheryl Taylor, City Attorney E. Allen Taylor, and City Secretary Lori Farwell. WORK SESSION: The work session was called to order by Mayor Pro Tem Shankland at 5:04 p.m. City Council reviewed the agenda items with city staff and applicants. The following items were added to the consent agenda: 10a to deny and 10c. The work session ended at 5:53 p.m. REGULAR SESSION: Agenda Item No. 1. Call to order. The regular session was called to order by Mayor Pro Tem Shankland at 5:53 p.m. Agenda Item No. 2A. Executive Session. Mayor Pro Tem Shankland announced City Council would be going into Executive Session pursuant to the Texas Government Code, Section 551.071, consultation with city attorney, and Section 551.087, deliberation regarding economic development negotiations. City Council adjourned for Executive Session at 5:53 p.m. Executive Session began at 6:09 p.m. and ended at 7:03 p.m. Agenda Item No. 2B. Reconvene. Mayor Pro Tem Shankland reconvened the regular meeting at 7:13 p.m. Mayor Pro Tem Shankland asked if any motion was necessary from Executive Session. No action was necessary. Agenda Item No. 3. Invocation. The invocation was given by John McKeller, White’s Chapel Methodist Church. Mayor Pro Tem Shankland led the audience in the pledge of allegiance. UNOFFICIAL REGULAR CITY COUNCIL MEETING MINUTES, APRIL 18, 2006 Page 1 of 9 Agenda Item No. 4A. Mayor’s Report. Mayor Pro Tem Shankland announced upcoming meetings and events. Agenda Item No. 4A1. Recognition of the Citizen's On Patrol (COPs) and the Citizens Emergency Response Team (CERT) and Fire Rehab. Mayor Pro Tem Shankland recognized and thanked these volunteers for their hard work and dedication to these programs. There are a total of 70 CERT volunteers, 25 COPs volunteers, and 20 Fire Rehab volunteers. Ann Wise, President of the Southlake DPS Citizen’s Association and graduate of the DPS Citizen’s Academy, discussed the various programs and encouraged residents to become involved. Agenda Item No. 4A2. Proclamation for Child Abuse Prevention Month. Mayor Pro Tem Shankland presented a proclamation to Jessica Campbell from Alliance for Children. Agenda Item No. 4B. City Manager’s Report. City Manager Yelverton introduced Assistant City Manager Jim Blagg who made opening comments and introduced Agenda Item No. 4B1. Agenda Item No. 4B1. Information Technology Alignment Study presentation. David Dobat of Credera presented the results of the I.T. Alignment Study to Council. Agenda Item No. 4C. Financial Report. Director Jackson made a brief presentation to Council. Agenda Item No. 4D. Library Board Report. A written report was given to Council. Agenda Item No. 4E. Local Business Report. Director Last introduced President and CEO of American Backyard, Dino Luckino, who introduced his new local 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 April 4, 2006, regular City Council meeting. A presentation was not made on this item. Agenda Item No. 5B. Consider excusing members of the City Council and Planning and Zoning Commission for absences from meetings. Councilmember Gregory Jones was absent from the April 4, 2006, City Council meeting. Commissioner Al Morin was absent from the April 6, 2006, Planning and Zoning Commission meeting. Agenda Item No. 5C. Appoint two City Council members to participate in the Bicentennial Park Planning Work Group. Director Polasek presented this item to Council during the work session. Council appointed Councilmembers Morris, Terrell, and Jones to this group. Agenda Item No. 5D. Authorize a contract for a Library Automation System with Polaris Library Systems. Library Administrator McGeath presented this item to Council during the work session. Agenda Item No. 5E. Authorize a Professional Services Agreement with Graham Associates for design of North White Chapel Boulevard from Highland Street to State Highway 114. Director UNOFFICIAL REGULAR CITY COUNCIL MEETING MINUTES, APRIL 18, 2006 Page 2 of 9 Price presented this item to Council during the work session. Mark Burkhart with Graham Associates answered Council’s questions. Agenda Item No. No. 5F. ZA05-151, Preliminary Plat for Lots 2R1 through 5R2, Block 1, Stonebridge Park Addition, located at Stonebridge Lane and West Southlake Boulevard. Current Zoning: S-P-2 Generalized Site Plan District. SPIN Neighborhood #15. Chief Planner Killough presented this item to Council during the work session. Agenda Item No. 5G. ZA05-152, Plat Revision for Lots 2R1 through 5R2, Block 1, Stonebridge Park Addition, being a revision of Lots 2 through 5, Block 1, Stonebridge Park Addition, located at Stonebridge Lane and West Southlake Boulevard. Current Zoning: S-P-2 Generalized Site Plan District. SPIN Neighborhood #15. Chief Planner Killough presented this item to Council during the work session. Agenda Item No. 5H. ZA05-170, Plat Revision for Lots 7R1 and 7R2, Block 1, Timberline Estates, being a revision of Lot 7, Block 1, Timberline Estates, located at 220 Timberline Lane. Current Zoning: SF-1A Single Family Residential District. SPIN Neighborhood #15. Chief Planner Killough presented this item to Council during the work session. Agenda Item No. 5I. ZA05-136, Plat Vacation for Sandlin Estates, save and except the right-of- way dedication for Shady Oaks Drive, located at 400 West Chapel Downs Drive. Current Zoning: SF-20A. SPIN Neighborhood #10. Chief Planner Killough presented this item to Council during the work session. Agenda Item No. 5J. Resolution No. 06-019, (CP06-001) Land Use Plan Amendment from Low Density Residential to Medium Density Residential for approximately 29.85 acres located at 945 and 985 Randol Mill Avenue and along the north side of Gifford Court for proposed Palomar Estates. This item is tabled to the May 2, 2006, City Council meeting. nd Agenda Item No. 5K. Ordinance No. 480-482, 2 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. This item is tabled to the May 2, 2006, City Council meeting at the applicant’s request. Agenda Item No. 10A. ZA05-128, Preliminary Plat for Bella Lago being Lot 10, Block 1, Harbor Oaks, and Tract 5 in the R. Price Survey, Abstract 1207, and being approximately 13.09 acres, located at 2970 Burney Lane. Current Zoning: AG Agricultural District. SPIN Neighborhood #3. Chief Planner Killough presented this item to Council. Mayor Pro Tem Shankland read a comment card into the record from Dr. Ray Chanceller who was opposed to this item. This item was placed on the consent agenda to deny. Agenda Item No. 10C. Authorize a Residential Developer’s Agreement for Estes Park, Phase III, a 40-lot addition, located west of North Carroll Avenue and south of East Dove Road. Director Price presented this item to Council. UNOFFICIAL REGULAR CITY COUNCIL MEETING MINUTES, APRIL 18, 2006 Page 3 of 9 Motion was made to approve consent agenda items 5A; 5B to excuse the absences of Councilmember Jones from the April 4, 2006, City Council meeting and Commissioner Morin from the April 6, 2006, Planning and Zoning Commission meeting; 5C to appoint Councilmembers Jones, Morris, and Terrell; 5D; 5E; 5F; 5G; 5H; 5I; 5J to table to the May 2, 2006, City Council meeting; 5K to table to the May 2, 2006, City Council meeting at the applicant’s request; to deny item 10A; and to approve 10C. Motion: Terrell Second: Jones Ayes: Hill, Jones, Morris, Muzyka, Shankland, Terrell Nays: None Approved: 6-0 REGULAR AGENDA: Agenda Item No. 6. Public Forum. No one spoke. nd Agenda Item No. 7A. Ordinance No. 894, 2 Reading, to cancel the May 13, 2006, General Election and to declare each unopposed candidate elected to office; and providing an effective date. There was no presentation on this item. In accordance with Section 4.21 of the City Charter, the caption for this item is listed as follows: AN ORDINANCE CANCELLING THE MAY 13, 2006, GENERAL ELECTION AND DECLARING EACH UNOPPOSED CANDIDATE ELECTED TO OFFICE; AND PROVIDING AN EFFECTIVE DATE. No one spoke during the public hearing. nd Motion was made to approve Ordinance No. 894, 2 Reading, to cancel the May 13, 2006, General Election and to declare each unopposed candidate elected to office; and providing an effective date. Motion: Jones Second: Terrell Ayes: Hill, Jones, Morris, Muzyka, Shankland, Terrell Nays: None Approved: 6-0 nd Agenda Item No. 7B. Ordinance No. 889-A, 2 Reading, amending Ordinance No. 889, amending Fiscal Year 2005-06 Annual Budget. Director Jackson presented this item to Council. Director Last provided information for additional funds for the branding initiative. 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, REVISING THE BUDGET FIGURES FOR FISCAL YEAR 2005-06 BEGINNING OCTOBER 1, 2005, AND TERMINATING SEPTEMBER 30, 2006, AND MAKING APPROPRIATIONS FOR EACH DEPARTMENT, PROJECT AND ACCOUNT; REPEALING CONFLICTING UNOFFICIAL REGULAR CITY COUNCIL MEETING MINUTES, APRIL 18, 2006 Page 4 of 9 ORDINANCES; PROVIDING A SAVINGS AND SEVERABILITY CLAUSE; AND DECLARING AN EFFECTIVE DATE. No one spoke during the public hearing. nd Motion was made to approve Ordinance No. 889-A, 2 Reading, amending Ordinance No. 889, amending Fiscal Year 2005-06 Annual Budget increasing the general fund expenditures for city branding from $20,000 to $54,000 and approving the remainder as presented. Motion: Terrell Second: Muzyka Ayes: Hill, Jones, Morris, Muzyka, Shankland, Terrell Nays: None Approved: 6-0 nd Agenda Item No. 7C. Ordinance No. 585-C, 2 Reading, Tree Preservation Ordinance and Technical Manual. 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 OF THE CITY OF SOUTHLAKE AMENDING ORDINANCE 585-B, WHICH ESTABLISHES THE REGULATIONS FOR THE PRESERVATION OF TREES; PROVIDING FOR THE PURPOSE AND INTENT; PROVIDING FOR DEFINITIONS; REQUIRING A TREE PERMIT TO ALTER A PROTECTED TREE; PROVIDING TREE PRESERVATION CRITERIA AND REVIEW PROCESSES FOR TREE CONSERVATION ANALYSES, TREE CONSERVATION PLANS, AND TREE PERMITS; AMENDING THE TREE PROTECTION AND REPLACEMENT REQUIREMENTS; PROVIDING TREE PLANTING AND TREE REMOVAL STANDARDS; PROVIDING FOR ENFORCEMENT PROCEDURES AND CIVIL AND CRIMINAL PENALTIES FOR VIOLATIONS; PROVIDING A PROCESS FOR APPEALS AND VARIANCES; PROVIDING A SAVINGS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A CUMULATIVE 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. 585-C, 2 Reading, Tree Preservation Ordinance and Technical Manual. Motion: Terrell Second: Morris Ayes: Hill, Jones, Morris, Muzyka, Shankland, Terrell Nays: None Approved: 6-0 nd Agenda Item No. 7D. Ordinance No. 480-485, 2 Reading (ZA06-025), Zoning Change for 400 South White Chapel Boulevard. Current Zoning: AG Agricultural District. Requested Zoning: SF-1A Single Family Residential District. SPIN Neighborhood #14. Chief Planner Killough UNOFFICIAL REGULAR CITY COUNCIL MEETING MINUTES, APRIL 18, 2006 Page 5 of 9 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 3K, SITUATED IN THE H. GRANBERRY SURVEY, ABSTRACT NO. 581, BEING APPROXIMATELY 2.50 ACRES, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT “A” FROM “AG” AGRICULTURAL DISTRICT TO “SF-1A” SINGLE FAMILY RESIDENTIAL DISTRICT, 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. 480-485, 2 Reading (ZA06-025), Zoning Change for 400 South White Chapel Boulevard as presented. Motion: Terrell Second: Jones Ayes: Hill, Jones, Morris, Muzyka, Shankland, Terrell Nays: None Approved: 6-0 nd Agenda Item No. 7E. Ordinance No. 480-486, 2 Reading (ZA06-034), Zoning Change for 2787 Ridgecrest Drive. Current Zoning: AG Agricultural District. Requested Zoning: RE Single Family Residential Estate District. SPIN Neighborhood #3. Chief Planner Killough 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 1C1, SITUATED IN THE J.W. CHIVERS SURVEY, ABSTRACT NO. 350, BEING APPROXIMATELY 5.82 ACRES, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT “A” FROM “AG” AGRICULTURAL DISTRICT TO “RE” SINGLE FAMILY RESIDENTIAL ESTATE DISTRICT, SUBJECT TO THE SPECIFIC REQUIREMENTS CONTAINED IN THIS ORDINANCE; CORRECTING THE OFFICIAL ZONING MAP; PRESERVING ALL OTHER PORTIONS OF THE ZONING ORDINANCE; DETERMINING UNOFFICIAL REGULAR CITY COUNCIL MEETING MINUTES, APRIL 18, 2006 Page 6 of 9 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. No one spoke during the public hearing. nd Motion was made to approve Ordinance No. 480-486, 2 Reading (ZA06-034), Zoning Change for 2787 Ridgecrest Drive. Motion: Jones Second: Morris Ayes: Hill, Jones, Morris, Muzyka, Shankland, Terrell Nays: None Approved: 6-0 Agenda Item No. 7F. ZA06-001, Revised Site Plan for White Chapel Methodist Church, located at 185 South White Chapel Boulevard and 175 East Southlake Boulevard. Current Zoning: CS Community Service. SPIN Neighborhood #9w. Chief Planner Killough presented this item to Council. Applicant Brent Kline, 3737 Maple Shade Lane, Plano, Texas, made a presentation and answered Council’s questions. No one spoke during the public hearing. Motion was made to approve ZA06-001, Revised Site Plan for White Chapel Methodist Church, subject to Site Plan Review Summary No. 3, dated March 31, 2006; granting the height waiver on the steeple; granting the requested variances on the articulation and roof material requirements; and allowing classrooms as temporary buildings until June 24, 2010. Motion: Jones Second: Morris Ayes: Hill, Jones, Morris, Muzyka, Shankland, Terrell Nays: None Approved: 6-0 Agenda Item No. 7G. ZA06-002, Plat Revision for Lot 1R, Block A, White Chapel Methodist Church Addition, being a revision of Lot 1, Block A, White Chapel Methodist Church Addition, located at 185 South White Chapel Boulevard and 175 East Southlake Boulevard. Current Zoning: CS Community Service. SPIN Neighborhood #9w. Chief Planner Killough presented this item to Council. Motion was made to approve ZA06-002, Plat Revision for Lot 1R, Block A, White Chapel Methodist Church Addition subject to Plat Review Summary No. 3, dated March 31, 2006. Motion: Terrell Second: Jones Ayes: Hill, Jones, Morris, Muzyka, Shankland, Terrell UNOFFICIAL REGULAR CITY COUNCIL MEETING MINUTES, APRIL 18, 2006 Page 7 of 9 Nays: None Approved: 6-0 Mayor Pro Tem Shankland called for a break at 9:12 p.m. and reconvened the meeting at 9:27 p.m. Agenda Item No. 7H. ZA05-146, Site Plan for Bicentennial Plaza located at 410 West Southlake Boulevard. Current Zoning: C-2 Local Retail Commercial District. SPIN Neighborhood #10. Chief Planner Killough presented this item to Council. The applicant’s attorney, Kirk Williams, 5400 Renaissance Tower, Dallas, Texas, made a presentation and answered Council’s questions. No one spoke during the public hearing. Mr. Williams continued discussion with the Council and requested to table this item until May 2. Motion was made to table ZA05-146, Site Plan for Bicentennial Plaza at the applicant’s request to the May 2, 2006, City Council meeting. Motion: Terrell Second: Jones Ayes: Hill, Jones, Morris, Muzyka, Shankland, Terrell Nays: None Approved: 6-0 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’s attorney, Kirk Williams, 5400 Renaissance Tower, Dallas, Texas, requested to table this item until May 2. st Motion was made to table Ordinance No. 480-481, 1 Reading (ZA05-146), Zoning Change and Site Plan for Bicentennial Plaza at the applicant’s request to the May 2, 2006, City Council meeting. Motion: Terrell Second: Jones Ayes: Hill, Jones, Morris, Muzyka, Shankland, Terrell Nays: None Approved: 6-0 Agenda Item No. 10B. Consider SP06-223, Variance to Sign Ordinance No. 704-B for Watermere at Southlake to be located at 2809 West Southlake Boulevard. Chief Planner Killough presented this item to Council. Applicant Rick Simmons, 3110 West Southlake Boulevard, Southlake, Texas, answered Council’s questions. Council discussed this request. Motion was made to approve SP06-223, Variance to Sign Ordinance No. 704-B for Watermere at Southlake to be located at 2809 West Southlake Boulevard limited to the date the sign is installed for a period of 18 months or until they install a permanent sign. UNOFFICIAL REGULAR CITY COUNCIL MEETING MINUTES, APRIL 18, 2006 Page 8 of 9 Motion: Jones Second: Terrell Ayes: Jones, Morris, Muzyka, Shankland, Terrell Nays: Hill Approved: 5-1 Agenda Item No. 11A. Placement of longhorn cattle statues within City parks as part of the Southlake Stampede public art exhibit. Mary Georgia presented this item to Council during the work session. No action was taken by Council. Agenda Item No. 12. Meeting adjourned. Mayor Pro Tem Shankland adjourned the meeting at 10:49 p.m. *An audio recording of this meeting will be permanently retained in the City Secretary’s Office. ______________________________ Keith Shankland Mayor Pro Tem ATTEST: ______________________________ Lori A. Farwell, TRMC City Secretary UNOFFICIAL REGULAR CITY COUNCIL MEETING MINUTES, APRIL 18, 2006 Page 9 of 9