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Item 5ACITY OF SOUTHLAKE REGULAR CITY COUNCIL MEETING MINUTES: JANUARY 4, 2005 LOCATION: 1400 Main Street, Southlake, Texas Council Chambers in Town Hall CITY COUNCIL PRESENT: Mayor Andy Wambsganss, Mayor Pro Tern Keith Shankland and Deputy Mayor Pro Tern Carolyn Morris; and Councilmembers Laura K. Hill, Gregory Jones, Virginia M. Muzyka, and John Terrell. CITY COUNCIL ABSENT: None. STAFF PRESENT: City Manager Billy Campbell, Assistant City Manager Shana Yelverton, Assistant to the City Manager Ben Thatcher, Executive Secretary Kim Bush, Library Administrator Kerry McGeath, Manager of Information Systems Gary Gregg, Audio Visual System Technician Pam Jordan, Director of Economic Development Greg Last, Director of Finance Sharen Elam, Manager of Courts and Utility Billing Sean Leonard, Director of Human Resources Kevin Hugman, Director of Planning Ken Baker, Senior Planner Dennis Killough, Director of Public Safety Rick Black, Director of Public Works Pedram Farahnak, Deputy Director of Public Works Charlie Thomas, Construction Manager Clayton Redinger, City Attorney E. Allen Taylor and City Secretary Lori Farwell. WORK SESSION: The work session was called to order by Mayor Wambsganss at 5:34 p.m. City Council reviewed the agenda items with city staff and applicants. The following agenda items were added to the consent agenda: 8A to table to the February 15, 2005, City Council meeting; 8B Ordinance No. 480 -450 (ZA04 -086) deferring the drainage study and plan by the engineering staff until a building permit is requested; 9A Resolution No. 05 -001, appointing Keith Shankland as Chairperson of the Board of Directors; 9B Resolution No. 05 -002; 9C Resolution No. 05 -003; 10A excusing absence of Deputy Mayor Pro Tern Morris from the December 7, 2004, Council meeting; lOB; IOC (ZA04 -093) subject to Plat Review Summary No. 2, dated December 3, 2004; 10D (ZA04 -096) subject to Plat Review Summary No. 3, dated December 3, 2004; 1 O (SPO4 -252); and IOG (SPO4 -131) to table to the January 18, 2005, City Council meeting. The work session ended at 6:03 p.m. REGULAR SESSION: Agenda Item No. 1. Call to order. The regular session was called to order by Mayor Wambsganss at 6:03 p.m. Agenda Item No. 2A. Executive Session. Mayor Wambsganss announced the 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; Section 551.074, deliberation regarding personnel matters; and Section 551.087, deliberation regarding economic development negotiations. City Council adjourned for Executive Session at 6:03 p.m. UNOFFICIAL REGULAR CITY COUNCIL MEETING MINUTES, JANUARY 4, 2005 Page I of 7 Agenda Item No. 2B. Reconvene. Mayor Wambsganss reconvened the regular meeting at 6:46 p.m. and asked if there was any action necessary as a result of the Executive Session. No action was necessary. Agenda Item No. 3. Invocation. The invocation was given by Bill Ramsey of The Met Church. Mayor Wambsganss led the pledge of allegiance. Agenda Item No. 4A1. Proclamation to Carroll Senior High School football team. Mayor Wambsganss presented a proclamation for Carroll Dragon Day to Coach Todd Dodge and team members in recognition of their perfect season and their recent win of the Class 5A Division II State Championship game. Booster Club President Jack Luna presented the Council with championship t -shirts and thanked them for their support. Agenda Item No. 4A2. Proclamation in memory of Coach Charlie Stalcup. Mayor Wambsganss presented a proclamation in memory of Coach Charlie Stalcup to wife Cindy and children Price and Jamie. Mayor Wambsganss adjourned the meeting for a short break at 7:08 p.m. Mayor Wambsganss reconvened the meeting at 7:15 p.m. Agenda Item No. 4E2. Sister Cities presentation of gifts. Councilmember Terrell made a presentation to the Mayor and to the City by presenting various mementos from Sister City Toyoma, Japan: a banner celebrating Toyoma's 400 Anniversary; a scroll; and a Kendo costume. Dee and Kiko Ekstrom thanked City Council and Councilmember Terrell for their continued involvement in the Sister City Program. Agenda Item No. 4A. Mayor's Report. Mayor Wambsganss announced upcoming meetings and events. Agenda Item No. 4B. City Manager's Report. City Manager Campbell updated Council on various joint road construction projects with Tarrant County. Agenda Item No. 4C. SPIN Board Report. Representative Cara White discussed the series of upcoming SPIN forums. Agenda Item No. 4D. Library Board Report. A written report was included in City Council's packet. Agenda Item No. 4E. Park and Recreation Board Report. Board member Liz Durham announced upcoming meetings and events. Agenda Item No. 4EL Presentation of TRAPS "Advocate of the Year" Awarded to the Liberty Garden Committee. The Southlake Liberty Garden Committee presented the award to the Mayor and read a proclamation received from State Representative Vicki Truitt for the Liberty Garden project. UNOFFICIAL REGULAR CITY COUNCIL MEETING MINUTES, JANUARY 4, 2005 Page 2 of 7 Agenda Item No. 4F. Local Business Report. Director Last presented General Manager David Cole from i Fratelli who introduced his business to the Council. Mayor Wambsganss announced the 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; Section 551.074, deliberation regarding personnel matters; and Section 551.087, deliberation regarding economic development negotiations. City Council adjourned for Executive Session at 7:43 p.m. Executive Session began at 7:54 p.m. and ended at 8:55 p.m. Mayor Wambsganss reconvened the meeting and asked if there was any action necessary as a result of the Executive Session. No action was necessary. 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 December 7, 2004, regular City Council meeting Approved as presented. Agenda Item No. 5B. Authorize the City Manager to enter into a settlement agreement with Architectural Utilities Limited Partnership dba AUI General Contractors Council approved a settlement agreement as discussed in executive session. Agenda Item No. 8A. Ordinance No. 480 -446, (ZA04 -044), 1 St Reading, Zoning Change and Concept Plan for Kimball Estates located at 1470 North Kimball Avenue. Current Zoning: SF- IA Single Family Residential District. Requested Zoning: SF -20A Single Family Residential District. SPIN Neighborhood 95 . Per the applicant's request this item was tabled to the February 15, 2005, Council meeting. Agenda Item No. 8B. Ordinance No. 480 -450, (ZA04 -086), 1 St Reading, Zoning Change for 1280 Sunshine Lane. Current Zoning: AG Agricultural District. Requested Zoning: SF -lA Single Family Residential District. SPIN Neighborhood #3. Senior Planner Killough presented this item to Council during the work session subject to the drainage study and plan being deferred by the engineering staff until a building permit is requested. Agenda Item No. 9A. Resolution No. 05 -001, Appointing a Chairperson of the Board of Directors of Tax Increment Reinvestment Zone Number One. Director Elam presented this item to Council during the work session. Council appointed Mayor Pro Tem Shankland as Chairperson. In accordance with Section 4.21 of the City Charter, the caption for this term is listed as follows: A RESOLUTION OF THE CITY OF SOUTHLAKE, TEXAS, APPOINTING A CHAIRPERSON OF THE BOARD OF DIRECTORS OF TAX INCREMENT REINVESTMENT ZONE NUMBER ONE AND PROVIDING AN EFFECTIVE DATE. Agenda Item No. 9B. Resolution No. 05 -002, Authorizing the City's intervention before the Railroad Commission of Texas regarding the filing of a gas cost prudence review by Atmos UNOFFICIAL REGULAR CITY COUNCIL MEETING MINUTES, JANUARY 4, 2005 Page 3 of 7 Energy Corporation, formerly TXU Gas Company; designating a representative of the City to serve on a steering committee; and requiring reimbursement of reasonable legal and consultant expenses. Director Elam presented this item to Council in conjunction with Agenda Item No. 9C. In accordance with Section 4.21 of the City Charter, the caption for this term is listed as follows: A RESOLUTION BY THE CITY OF SOUTHLAKE, TEXAS AUTHORIZING INTERVENTION BEFORE THE RAILROAD COMMISSION OF TEXAS IN GAS UTILITIES DOCKET (GUD) NO. 9530; AUTHORIZING PARTICIPATION WITH OTHER CITIES SERVED BY ATMOS ENERGY CORPORATION, FORMERLY KNOWN AS TXU GAS COMPANY, IN ADMINISTRATIVE AND COURT PROCEEDINGS INVOLVING A GAS COST PRUDENCE REVIEW RELATED TO A FILING MADE IN SEPTEMBER OF 2004 AS REQUIRED BY THE FINAL ORDER IN GUD NO. 8664; DESIGNATING A REPRESENTATIVE OF THE CITY TO SERVE ON A STEERING COMMITTEE; REQUIRING REIMBURSEMENT OF REASONABLE LEGAL AND CONSULTANT EXPENSES. Agenda Item No. 9C. Resolution No. 05 -003, Suspending an interim rate adjustment proposed by Atmos Energy Corporation, formerly TXU Gas Company; authorizing participation in a steering committee to review the proposed rate increase and recommend further action related to the proposed rate increase; designating a representative of the City to serve on the steering committee; authorizing intervention in any proceedings related to the proposed rate increase; and requiring reimbursement of reasonable legal and consultant expenses. Director Elam presented this item to Council in conjunction with Agenda Item No. 9B. In accordance with Section 4.21 of the City Charter, the caption for this term is listed as follows: A RESOLUTION OF THE CITY OF SOUTHLAKE, TEXAS, SUSPENDING THE PROPOSAL BY ATMOS ENERGY CORP. TO IMPLEMENT INTERIM GRIP RATE ADJUSTMENTS FOR GAS UTILITY INVESTMENT IN 2003; AUTHORIZING PARTICIPATION WITH OTHER CITIES SERVED BY ATMOS ENERGY CORP., MID- TEX DIVISION, IN A REVIEW AND INQUIRY INTO THE BASIS AND REASONABLENESS OF THE PROPOSED RATE ADJUSTMENTS; AUTHORIZING INTERVENTION IN ADMINISTRATIVE AND COURT PROCEEDINGS INVOLVING THE PROPOSED GRIP RATE ADJUSTMENTS; DESIGNATING A REPRESENTATIVE OF THE CITY TO SERVE ON A STEERING COMMITTEE; REQUIRING REIMBURSEMENT OF REASONABLE LEGAL AND CONSULTING EXPENSES. Agenda Item No. 10A. Consider excusing members of the City Council and of the Planning and Zoning Commission for absences from meetings Mayor Wambsganss presented this item to Council during the work session. Council excused the absence of Deputy Mayor Pro Tern Morris from the December 7, 2004, City Council meeting. Agenda Item No. IOB. Authorize the City Manager to enter into an interlocal agreement between the Town of Highland Park and the City of Southlake regarding the use of a shared radio frequency Manager of Technical Services Gregg presented this item to Council during the work session. UNOFFICIAL REGULAR CITY COUNCIL MEETING MINUTES, JANUARY 4, 2005 Page 4 of 7 Agenda Item No. 10C. ZA04 -093, Revised Preliminary Plat for Block 2, Gateway Plaza Phase IL The property is bounded by State Highway 114 on the north side, East Southlake Boulevard on the south side and North Nolen Drive on the west side. Current Zoning: S -P -2 Generalized Site Plan District. Senior Planner Killough presented this item to Council during the work session. Applicant Terry Wilkinson answered Council's questions. Agenda Item No. lOD. ZA04 -096, Plat Revision for Lots 1R1 & 1R2, Block 1, Bonola Family Addition, being a revision of Lot 1, Block 1, Bonola Family Addition. The property is located on the north side of State Highway 114, approximately 800 feet east of Shady Lane. Current Zoning: C -3 General Commercial District. Senior Planner Killough presented this item to Council during the work session. Agenda Item No. 10E. Consider SPO4 -252, Variance to the Sign Ordinance 704 -B for Crystal Clear Wireless located at 2301 West Southlake Boulevard, Suite 200. Senior Planner Killough presented this item to Council during the work session. Agenda Item No. IOG. Consider SPO4 -131, Variance to the Sign Ordinance 704 -B for La Petite Academy located at 1400 West Southlake Boulevard Council agreed to table this item to the January 18, 2005, City Council meeting. Motion was made to approve consent agenda items 5A; 5B settlement agreement as discussed in executive session; 8B Ordinance No. 480 -450 (ZA04 -086) deferring the drainage study and plan by the engineering staff until a building permit is requested; 9A Resolution No. 05 -001, appointing Keith Shankland as Chairperson of the Board of Directors; 9B Resolution No. 05- 002; 9C Resolution No. 05 -003; 10A excusing absence of Deputy Mayor Pro Tern Morris from the December 7, 2004, Council meeting; 1013; 1 O (ZA04 -093) subject to Plat Review Summary No. 2, dated December 3, 2004; 10D (ZA04 -096) subject to Plat Review Summary No. 3, dated December 3, 2004; 1 O (SPO4 -252); and IOG (SPO4 -131) to table to the January 18, 2005, City Council meeting. Motion: Shankland Second: Terrell Ayes: Jones, Hill, Morris, Muzyka, Shankland, Terrell, Wambsganss Nays: None Approved: 7 -0 REGULAR AGENDA: Agenda Item No. 6. Public Forum. No one spoke. Auenda Item No. 7A. ZA04 -063. Revised Development Plan for Pecan Creek. Lot 2R. Block 60 Timarron Addition Phase 5, located on the east side of the 200 block of Byron Nelson Parkway approximately 500 feet south of East Southlake Boulevard. Current Zoning: R -PUD Residential Planned Unit Development District. SPIN Neighborhood 99e. Senior Planner Killough presented this item to Council. Applicant John Drews answered Council's questions. No one spoke during the public hearing. UNOFFICIAL REGULAR CITY COUNCIL MEETING MINUTES, JANUARY 4, 2005 Page 5 of 7 Motion was made to approve ZA04 -063, Revised Development Plan for Pecan Creek subject to Development Plan Review Summary No. 5, dated December 3, 2004; allowing the requested stacking variances; and, noting that a reference on Southlake's Master Thoroughfare Plan should be made showing that Zena Rucker Road will be built on this plan according to the design criteria of this road on the Master Thoroughfare Plan. Motion: Terrell Second: Shankland Ayes: Jones, Hill, Morris, Muzyka, Shankland, Terrell, Wambsganss Nays: None Approved: 7 -0 Agenda Item No. lOF. Consider SPO4 -215, Variance to the Sign Ordinance No. 704 -B for Albertson's located at 2201 West Southlake Boulevard. Senior Planner Killough presented this item to Council during the work session. Applicant Brian Bush, 213 East McRoy Boulevard, Saginaw, Texas, answered Council's questions. Motion was made to approve SPO4 -215, Variance to the Sign Ordinance No. 704 -B for Albertson's located at 2201 West Southlake Boulevard with the following modifications: channel sign lettering for the words, Save On, and with logo box lettering for the word, Pharmacy, with matching building colored background behind the word Pharmacy. Motion: Terrell Second: Muzyka Ayes: Jones, Hill, Morris, Muzyka, Shankland, Terrell, Wambsganss Nays: None Approved: 7 -0 Agenda Item No. 2A. Executive Session. Mayor Wambsganss announced the 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; Section 551.074, deliberation regarding personnel matters; and Section 551.087, deliberation regarding economic development negotiations. City Council adjourned for Executive Session at 9:14 p.m. Executive Session began at 9:20 p.m. and ended at 10:20 p.m. Mayor Wambsganss reconvened the meeting at 10:40 p.m. Auenda Item No. 8C. Ordinance No. 882. 1 Abbointina an Alternate Municipal Judae and authorizing the Mayor to execute an agreement with the Alternate Municipal Judge and providing an effective date. Motion was made to table Ordinance No. 882, 1 st Reading, to the January 18, 2005, City Council meeting. Motion: Terrell Second: Muzyka Ayes: Jones, Hill, Morris, Muzyka, Shankland, Terrell, Wambsganss Nays: None Approved: 7 -0 UNOFFICIAL REGULAR CITY COUNCIL MEETING MINUTES, JANUARY 4, 2005 Page 6 of 7 Agenda Item No. 12. Meeting adjourned. Mayor Wambsganss adjourned the meeting at 10:41 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, JANUARY 4, 2005 Page 7 of 7