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Item 5ACITY OF SOUTHLAKE REGULAR CITY COUNCIL MEETING MINUTES: MARCH 15, 2005 LOCATION: 1400 Main Street, Southlake, Texas Council Chambers in Town Hall CITY COUNCIL PRESENT: Mayor Pro Tern Keith Shankland and Deputy Mayor Pro Tern Carolyn Morris; and Councilmembers Laura K. Hill, Gregory Jones (arrived at 6: 00 p.m.), Virginia M. Muzyka, and John Terrell. CITY COUNCIL ABSENT: Mayor Andy Wambsganss. STAFF PRESENT: City Manager Shana Yelverton, Interim Deputy City Manager Charles Kiefer, Assistant to the City Manager Ben Thatcher, Executive Secretary Kim Bush, Manager of Information Systems Gary Gregg, Information Systems Technician Slaven Manning, Library Administrator Kerry McGeath, Director of Community Services Malcolm Jackson, Director of Economic Development Greg Last, Economic Development Specialist Stefanie Wagoner, Director of Finance Sharen Elam, Director of Human Resources Kevin Hugman, Director of Planning Ken Baker, Chief Planner Dennis Killough, Director of Public Safety Rick Black, Chief of Fire Services Robert Finn, Director of Public Works Pedram Farahnak, Deputy Director of Public Works Charlie Thomas, City Attorney Tim Sralla, and City Secretary Lori Farwell. WORK SESSION: The work session was called to order by Mayor Pro Tern Shankland at 5:32 p.m. City Council reviewed the agenda items with city staff and applicants. Agenda items 8A, 10A, lOB, 10C, l0E and IOF were added to the consent agenda. The work session ended at 6:25 p.m. REGULAR SESSION: Agenda Item No. 1. Call to order. The regular session was called to order by Mayor Pro Tern Shankland at 6:25 p.m. Agenda Item No. 2A. Executive Session. Mayor Pro Tern Shankland announced the 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 6:25 p.m. Executive Session began at 6:51 p.m. and ended at 7:52 p.m. Agenda Item No. 2B. Reconvene. Mayor Pro Tern Shankland reconvened the regular meeting at 8:01 p.m. The Mayor Pro Tern 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 Chris Baer from The Met Church. Mayor Pro Tern Shankland led the Pledge of Allegiance. UNOFFICIAL REGULAR CITY COUNCIL MEETING MINUTES, MARCH 15, 2005 Page 1 of 9 Agenda Item No. 4A. Mayor's Report. Mayor Pro Tem Shankland announced upcoming meetings and events. Agenda Item No. 4B. City Manager's Report. There was no report given. Agenda Item No. 4C. Financial Report. A written report was included in City Council's packet. Agenda Item No. 4D. Local Business Report. Director Last introduced Tye Faseler from Blue Mesa Cafe 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 1, 2005, regular City Council meeting. The minutes were approved with a correction to the time the regular meeting was reconvened following executive session. Agenda Item No. 5B. Authorize the Mayor to execute a non - exclusive license agreement with Wil -Tel Communications for the installation of fiber optic cable in park property. Director Jackson presented this item to Council during the work session. Agenda Item No. 5C. Authorize the Mayor to execute the Commercial Developer Agreement for Wyndham Plaza 24 Hour Fitness, a 5.54 acre tract located on the east side of North Nolen Drive between FM 1709 and SH 114. Deputy Director Thomas presented this item to Council during the work session. Item No. 5D. Consider SP05 -017. Variance to the Sian Ordinance No. 704 -B for Hibernia Bank located at 1110 East Southlake Boulevard. The applicant requested to withdraw this item. Agenda Item No. 5E. Ordinance No. 480 -451, 1 st Reading (ZA04 -101), Zoning Change for Tracts 1AlA2, and 1AlA2D, B.J. Foster Survey, Abstract No. 519. The property is located on the north side of Gifford Court, approximately 300 feet east of Randol Mill Avenue. Current Zoning is AG Agricultural District. Requested Zoning is SF -lA Single Family Residential District. SPIN Neighborhood #12. The applicant requested to table this item until the April 5, 2005, City Council meeting. Agenda Item No. 5F. Consider excusing members of the City Council and of the Planning and Zoning Commission for absences from meetings. Mayor Pro Tern Shankland presented this item to Council. Council agreed to excuse Commissioner Michael Boutte from the March 3, 2005, Planning and Zoning Commission meeting. Agenda Item No. 8A. Ordinance No. 480 -452, 1 st Reading (ZA04 -103), Zoning Change and Concept Plan for Tract 1A2, Lakin H. Chivers Survey, Abstract No. 300; proposed UNOFFICIAL REGULAR CITY COUNCIL MEETING MINUTES, MARCH 15, 2005 Page 2 of 9 Lots 1 -9, Brentwood Addition. The property is located at 2055 North White Chapel Boulevard. Current Zoning: AG Agricultural District. Proposed Zoning: SF -30 Single Family Residential District. SPIN Neighborhood #5. Chief Planner Killough presented this item to Council during the work session. Applicant David McMahan, 726 Commerce Street, Southlake, Texas, answered Council's questions. Agenda Item No. 10A. Consider SP05 -050, Variance to the Sign Ordinance No. 704 -B for Southlake Town Square located at the northeast corner of East Southlake Boulevard and North Carroll Avenue. Chief Planner Killough presented this item to Council during the work session. Applicant Brian Stebbins answered Council's questions. Agenda Item No. lOB. Consider SP05 -066, Variance to the Sign Ordinance No. 704 -B for Flagstaff Court located at 410, 420 and 430 North Carroll Avenue. Chief Planner Killough presented this item to Council during the work session. Applicant Serge Goldberg, Flagstaff Partners, answered Council's questions. Agenda Item No. 10C. Approve an amendment to the Freese & Nichols Water Meter Inventory and Condition Assessment Agreement. Director Elam presented this item to Council during the work session. Agenda Item No. 10E. Authorize the City Manager to enter into a professional services agreement with Matrix Consulting Group to conduct a management study of the Department of Public Safety. Interim Deputy City Manager Kiefer presented this item to Council during the work session. Agenda Item No. 10F. Authorize the City Manager to enter into a professional services agreement with The Mercer Group, Inc. for executive recruitment services. City Manager Yelverton presented this item to Council during the work session. Motion was made to approve consent agenda items 5A with a correction to the time the regular meeting was reconvened following executive session; 513; 5C; 5D was withdrawn by the applicant; 5E was tabled to April 5, 2005, at the request of the applicant; 5F excusing the absence of Commissioner Michael Boutte from the March 3 Planning and Zoning Commission meeting; 8A subject to the Planning and Zoning Commission's recommendation and accepting the applicant's willingness to use wrought iron fencing with stone columns along the north, east, and south boundaries and noting that this proposal deviates slightly from the Land Use Plan but specifically noting the low density nature of the proposal; 10A; lOB recognizing the applicant's agreement to forfeit the use of any monument signs and to not place signs on the north side of Building 430 and the south side of Building 410; 10C; 10E; and lOF approving two separate agreements for recruitment of the Assistant City Manager and of the Police Chief. Motion: Muzyka Second: Terrell Ayes: Jones, Hill, Morris, Muzyka, Shankland, Terrell Nays: None Approved: 6 -0 UNOFFICIAL REGULAR CITY COUNCIL MEETING MINUTES, MARCH 15, 2005 Page 3 of 9 REGULAR AGENDA: Agenda Item No. 6. Public Forum. No one spoke. Agenda Item No. 7A was moved to the end of the agenda. Agenda Item No. 7B. Resolution No. 05 -014, (ZA05 -003), Specific Use Permit for outside sales or service to allow a sno -cone stand for the months of April through September on property located at 2199 East Dove Road. Current Zoning: C -1 Neighborhood Commercial District. SPIN Neighborhood #5. Chief Planner Killough presented this item to Council in conjunction with item 7C. Applicant Jeff Day, 2861 Autumn Drive, Hurst, Texas answered Council's questions. In accordance with Section 4.21 of the City Charter, the caption for this term is listed as follows: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS, GRANTING A SPECIFIC USE PERMIT FOR OUTDOOR SALES OR SERVICES FOR A SNO -CONE STAND ON PROPERTY WITHIN THE CITY OF SOUTHLAKE, TEXAS, LOCATED AT 2199 EAST DOVE STREET, BEING LEGALLY DESCRIBED AS TRACT 2J, SITUATED IN THE F. THROOP SURVEY, ABSTRACT NO. 1511, MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A ", AND AS DEPICTED ON THE APPROVED CONCEPT PLAN ATTACHED HERETO AND INCORPORATED HEREIN AS EXHIBIT `B" AND PROVIDING AN EFFECTIVE DATE. No one spoke during the public hearing. Motion was made to approve Resolution No. 05 -014, (ZA05 -003), Specific Use Permit for outside sales or service to allow a sno -cone stand for the months of April through September on property located at 2199 East Dove Road for a two year term. Motion: Terrell Second: Muzyka Ayes: Jones, Hill, Morris, Muzyka, Shankland, Terrell Nays: None Approved: 6 -0 Agenda Item No. 7C. Resolution No. 05- 015,_(ZA05 -004), Specific Use Permit for outside sales or service to allow a sno -cone stand for the months of April through September on property located at 2300 West Southlake Boulevard. Current Zoning: C -3 General Commercial District. SPIN Neighborhood #15. Chief Planner Killough presented this item to Council in conjunction with item 7B. Applicant Jeff Day, 2861 Autumn Drive, Hurst, Texas answered Council's questions. In accordance with Section 4.21 of the City Charter, the caption for this term is listed as follows: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS, GRANTING A SPECIFIC USE PERMIT FOR OUTDOOR SALES OR UNOFFICIAL REGULAR CITY COUNCIL MEETING MINUTES, MARCH 15, 2005 Page 4 of 9 SERVICES FOR A SNO -CONE STAND ON PROPERTY WITHIN THE CITY OF SOUTHLAKE, TEXAS, LOCATED AT 2300 WEST SOUTHLAKE BOULEVARD, BEING LEGALLY DESCRIBED AS LOT 4R2, J.G. ALLEN NO. 18 ADDITION, MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "N', AND AS DEPICTED ON THE APPROVED CONCEPT PLAN ATTACHED HERETO AND INCORPORATED HEREIN AS EXHIBIT `B" AND PROVIDING AN EFFECTIVE DATE. No one spoke during the public hearing. Motion was made to approve Resolution No. 05 -015, (ZA05 -004), Specific Use Permit for outside sales or service to allow a sno -cone stand for the months of April through September on property located at 2300 West Southlake Boulevard for a two year term. Motion: Terrell Second: Muzyka Ayes: Jones, Hill, Morris, Muzyka, Shankland, Terrell Nays: None Approved: 6 -0 Agenda Item No. 7D. Ordinance No. 885, Consider all matters incident and related to the issuance and sale of "City of Southlake, Texas, General Obligation Refunding Bonds Series 2005," including the adoption of an ordinance authorizing the issuance of such bonds and providing for the redemption of the obligations being refunded. Director Elam presented this item to Council in conjunction with items 7E and 7F. In accordance with Section 4.21 of the City Charter, the caption for this term is listed as follows: AN ORDINANCE AUTHORIZING THE ISSUANCE OF "CITY OF SOUTHLAKE, TEXAS, GENERAL OBLIGATION REFUNDING BONDS, SERIES 2005 "; SPECIFYING THE TERMS AND FEATURES OF SAID BONDS; LEVYING A CONTINUING DIRECT ANNUAL AD VALOREM TAX FOR THE PAYMENT OF SAID BONDS; AND RESOLVING OTHER MATTERS INCIDENT AND RELATED TO THE ISSUANCE, SALE, PAYMENT AND DELIVERY OF SAID BONDS, INCLUDING THE APPROVAL AND EXECUTION OF A PAYING AGENT/REGISTRAR AGREEMENT, A PURCHASE LETTER AND A SPECIAL ESCROW AGREEMENT; PROVIDING FOR THE REDEMPTION OF CERTAIN OUTSTANDING OBLIGATIONS OF THE CITY; AND PROVIDING AN EFFECTIVE DATE. No one spoke during the public hearing. Motion was made to approve Ordinance No. 885, Consider all matters incident and related to the issuance and sale of "City of Southlake, Texas, General Obligation Refunding Bonds, Series 2005," including the adoption of an ordinance authorizing the issuance of such bonds and providing for the redemption of the obligations being refunded. Motion: Terrell UNOFFICIAL REGULAR CITY COUNCIL MEETING MINUTES, MARCH 15, 2005 Page 5 of 9 Second: Jones Ayes: Jones, Hill, Morris, Muzyka, Shankland, Terrell Nays: None Approved: 6 -0 Agenda Item No. 7E. Resolution No. 05 -016, Consider all matters incident and related to the issuance and sale of "Southlake Parks Development Corporation Sales Tax Revenue Refunding Bonds, Series 2005," including the adoption of a resolution relating thereto. Director Elam presented this item to Council in conjunction with items 7D and 7F. In accordance with Section 4.21 of the City Charter, the caption for this term is listed as follows: A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS, RELATING TO THE " SOUTHLAKE PARKS DEVELOPMENT CORPORATION SALES TAX THIRD LIEN REVENUE REFUNDING BONDS, SERIES 2005;" APPROVING THE RESOLUTION OF THE SOUTHLAKE PARKS DEVELOPMENT CORPORATION AUTHORIZING THE ISSUANCE OF SUCH BONDS; RESOLVING OTHER MATTERS INCIDENT AND RELATED TO THE ISSUANCE OF SUCH BONDS; AND PROVIDING AN EFFECTIVE DATE. No one spoke during the public hearing. Motion was made to approve Resolution No. 05 -016, Consider all matters incident and related to the issuance and sale of "Southlake Parks Development Corporation Sales Tax Revenue Refunding Bonds, Series 2005," including the adoption of a resolution relating thereto. Motion: Terrell Second: Jones Ayes: Jones, Hill, Morris, Muzyka, Shankland, Terrell Nays: None Approved: 6 -0 Agenda Item No. 7F. Resolution No. 05 -017. Consider all matters incident and related to the issuance and sale of "Southlake Parks Development Corporation Sales Tax Revenue Refunding Bonds. Taxable Series 2005." including the adoption of a resolution relating thereto Director Elam presented this item to Council in conjunction with items 7D and 7E. In accordance with Section 4.21 of the City Charter, the caption for this term is listed as follows: A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS, RELATING TO THE " SOUTHLAKE PARKS DEVELOPMENT CORPORATION SALES TAX THIRD LIEN REVENUE REFUNDING BONDS, TAXABLE SERIES 2005;" APPROVING THE RESOLUTION OF THE SOUTHLAKE PARKS DEVELOPMENT CORPORATION AUTHORIZING THE ISSUANCE OF SUCH BONDS; RESOLVING OTHER MATTERS INCIDENT AND RELATED TO THE ISSUANCE OF SUCH BONDS; AND PROVIDING AN EFFECTIVE DATE. UNOFFICIAL REGULAR CITY COUNCIL MEETING MINUTES, MARCH 15, 2005 Page 6 of 9 No one spoke during the public hearing. Motion was made to approve Resolution No. 05 -017, Consider all matters incident and related to the issuance and sale of " Southlake Parks Development Corporation Sales Tax Revenue Refunding Bonds, Taxable Series 2005," including the adoption of a resolution relating thereto. Motion: Terrell Second: Jones Ayes: Jones, Hill, Morris, Muzyka, Shankland, Terrell Nays: None Approved: 6 -0 Agenda Item No. IOD. Authorize the City Manager to implement the proposed transition plan. City Manager Yelverton presented this item and answered questions from Council. Council discussed the plan. Motion was made to approve and authorize the City Manager to implement the proposed transition plan. Motion: Terrell Second: Jones Ayes: Jones, Hill, Morris, Muzyka, Shankland, Terrell Nays: None Approved: 6 -0 Councilmember Hill briefed everyone on the Game Over event this morning at Carroll Senior High School and gave information on the follow up program on March 16, 2005. Auenda Item No. 7A. Resolution No. 05 -006. Adobtion of the South Side Plan Area Studv (Areas C. D. G. and H) as a combonent of the Southlake 2025 Plan_ the Comprehensive Master Plan for the City of Southlake. Director Baker presented this item to Council. Planning and Zoning Commission Chairman Vernon Stansell reviewed the Land Use recommendations with Council. Planning and Zoning Commissioner Brandon Bledsoe reviewed the Mobility Recommendations and Environmental Recommendations with Council. Mayor Pro Tern Shankland opened the public hearing. Michael Clay, 6565 North MacArthur Boulevard, Irving, Texas, represented the property owner of 722 South Kimball Avenue. He spoke in opposition to the proposed change on this property. Mark Klatt, 1401 Chardonnay Court, Southlake, Texas, spoke in opposition to the proposed change to the property at the northeast corner of Carroll Avenue and Continental Boulevard. UNOFFICIAL REGULAR CITY COUNCIL MEETING MINUTES, MARCH 15, 2005 Page 7 of 9 Dr. Samuel and Jane La, 1400 Chardonnay Court, Southlake, Texas, did not speak but registered their opposition to the proposed change to the property at the northeast corner of Carroll Avenue and Continental Boulevard. Peggy Firestone, 1403 Chardonnay Court, Southlake, Texas, did not speak but registered her opposition to the proposed change to the property at the northeast corner of Carroll Avenue and Continental Boulevard. Joel Minton, 1402 Chardonnay Court, Southlake, Texas, did not speak but registered his opposition to the proposed change to the property at the northeast corner of Carroll Avenue and Continental Boulevard. Gary Pitcock, 1506 Spruce Court, Southlake, Texas, represented the South Hollow subdivision and spoke in opposition to the proposed change to the property at the northeast corner of Carroll Avenue and Continental Boulevard. He presented a petition signed by his neighbors to City Council. Kurt Grier, 1900 Brumlow Avenue, Southlake, Texas, spoke in opposition to the proposed change on the property at 1900 Brumlow Avenue. Jeff Wang, 595 South Kimball, Southlake, Texas, spoke in support of the South Side Area Plan Study. Naomi Cornelius, 702 Manchester Court, Southlake, Texas, spoke in support of the proposed plan around the Cambridge Place subdivision. She read the following names of her neighbors who also support the proposed plan: Glen and Amy Holland, 2804 Brookshire Court; Steve Hilton and Mark Caparalus, 2802 Brookshire Court; and Dr. Vincent Paul, 702 Manchester Court. Norman Brown, 3409 Heritage Oak Court, proposed change to the property at the Continental Boulevard. Southlake, Texas, spoke in support of the northeast corner of Carroll Avenue and P &Z Chairman Stansell addressed specific issues discussed during public forum and answered Council's questions. Mayor Pro Tern Shankland closed the public hearing. Motion was made to approve Resolution No. 05 -006, Adoption of the South Side Plan Area Study (Areas C, D, G, and H) as a component of the Southlake 2025 Plan, the Comprehensive Master Plan for the City of Southlake extending the T -1 overlay on the Eby site and Southlake Family Unity site located on Brumlow Avenue; changing Parcel 2B back to its current Land Use Designation of Low Density Residential; changing Parcel 16A back to its current Land Use Designation of Medium Density Residential; considering the connectivity through Bicentennial Park from FM 1709 to White Chapel UNOFFICIAL REGULAR CITY COUNCIL MEETING MINUTES, MARCH 15, 2005 Page 8 of 9 Boulevard; and considering a feasibility study for an above -grade pedestrian crossing from Town Square to the property on the south side of FM 1709. Motion: Terrell Second: Morris Ayes: Jones, Hill, Morris, Muzyka, Shankland, Terrell Nays: None Approved: 6 -0 Agenda Item No. 12. Meeting adjourned. Mayor Pro Tern Shankland adjourned the meeting at 10:45 p.m. !"An audio recording of this ineeting will be permanently retained in the City Secretary's Office. Keith Shankland Mayor Pro Tern ATTEST: Lori A. Farwell, TRMC City Secretary UNOFFICIAL REGULAR CITY COUNCIL MEETING MINUTES, MARCH 15, 2005 Page 9 of 9