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Item 5A (3)CITY OF SOUTHLAKE REGULAR CITY COUNCIL MEETING MINUTES: JUNE 21, 2005 LOCATION: 1400 Main Street, Southlake, Texas Council Chambers in Town Hall CITY COUNCIL PRESENT: Mayor Andy Wambsganss, Deputy Mayor Pro Tern Carolyn Morris; and Councilmembers Laura K. Hill, Gregory Jones, Virginia M. Muzyka, and John Terrell. CITY COUNCIL ABSENT: Mayor Pro Tern Keith Shankland. 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 Technical Services Gary Gregg, Audio Visual Technician Pam Jordan, Library Administrator Kerry McGeath, Director of Community Services Malcolm Jackson, Deputy Director of Community Services Steve Polasek, Economic Development Specialist Stefanie Wagoner, Director of Finance Sharen Elam, Municipal Court Judge Carol Montgomery, Manager of Courts and Utility Billing Sean Leonard, Director of Human Resources Kevin Hugman, Chief Planner Dennis Killough, Senior Planner Ben Bryner, Director of Public Works Pedram Farahnak, Deputy Director of Public Works Charlie Thomas, City Attorney E. Allen Taylor, City Attorney Steve Wood, City Attorney Corey Fickes, and City Secretary Lori Farwell. WORK SESSION: The work session was called to order by Mayor Wambsganss at 5:36 p.m. City Council reviewed the agenda items with city staff and applicants. Agenda items 9A, 913, and 10A were added to the consent agenda. The work session ended at 5:59 p.m. REGULAR SESSION: Agenda Item No. 1. Call to order. The regular session was called to order by Mayor Wambsganss at 5:59 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 551.074, deliberation regarding personnel matters, and Section 551.087, deliberation regarding economic development negotiations. City Council adjourned for Executive Session at 5:59 p.m. Executive Session began at 6:23 p.m. and ended at 7:40 p.m. Agenda Item No. 2B. Reconvene. Mayor Wambsganss reconvened the regular meeting at 7:42 p.m. Agenda Item No. 3. Invocation. The invocation was given by Coy Quesenbury from Lonesome Dove Baptist Church. Mayor Wambsganss led the pledge of allegiance. UNOFFICIAL REGULAR CITY COUNCIL MEETING MINUTES, JUNE 21, 2005 Page I of 5 Agenda Item No. 4A. Mayor's Report. Mayor Wambsganss announced upcoming meetings and events. Deputy Mayor Pro Tern Morris thanked Paul Craig of Hibernia Bank for working with her recently on signage and landscaping issues on their Southlake property. Agenda Item No. 4B. City Manager's Report. There was no report given. Agenda Item No. 4C. Financial Report. A written report was given to Council. Agenda Item No. 4D. Local Business Report. Economic Development Specialist Wagoner introduced Tony and Margie Schmidt from Top Shelf, Home Bar Center, who introduced their new 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 June 7, 2005, regular City Council meeting. Approved as presented. Item No. 5B. Consider excusiniz members of the Citv Council and of the Planning and Zoning Commission for absences from meetings. Mayor Wambsganss presented this item to Council. Councilmember Terrell was absent from the June 7, 2005 City Council meeting and Commissioner Debra Edmondson was absent from the June 23, 2005 Planning and Zoning Commission meeting and will be absent from the July 7, 2005 Planning and Zoning Commission meeting. Agenda Item No. 5C. Cancel or reschedule the July 5, 2005 regular City Council meeting. Mayor Wambsganss presented this item during the work session. Agenda Item No. 5D. Authorize the Mayor to execute an agreement with Roof Tech for water testing, final design, bidding and construction at Town Hall. Interim Deputy City Manager Kiefer presented this item to Council during the work session. Agenda Item No. 9A. Resolution No. 05 -028, Amending the Purchasing Policy. Director Elam presented this item to Council during the work session. Agenda Item No. 9B. Resolution No. 05 -029, Approving the City's participation in the Texas Building and Procurement Commission Cooperative Purchasing Program. Director Elam presented this item to Council during the work session. Agenda Item No. 10A. Approve a Homeowner's Association Right -of -Way Maintenance Program. Director Elam presented this item to Council during the work session. Donald Coonan, 612 Regency Crossing, Southlake, Texas, represented the Timarron Homeowner's Association and addressed Council with specific issues. UNOFFICIAL REGULAR CITY COUNCIL MEETING MINUTES, JUNE 21, 2005 Page 2 of 5 Motion was made to approve consent agenda items 5A; 5B to excuse the absences of Councilmember Terrell from the June 7, 2005 City Council meeting and Commissioner Debra Edmondson from the June 23, 2005, and the July 7, 2005, Planning and Zoning Commission meetings; 5C to cancel the July 5, 2005 City Council meeting; 5D directing the city manager to commit to the first two elements immediately - the water testing and the construction improvement design - but deferring the implementation of the two final parts — the bidding and construction supervision — until some of the legal, investigative work is completed; 9A; 913; and 10A. Motion: Muzyka Second: Jones Ayes: Hill, Jones, Morris, Muzyka, Terrell, Wambsganss Nays: None Approved: 6 -0 REGULAR AGENDA: Agenda Item No. 6. Public Forum. No one spoke during the public hearing. Agenda Item No. 7A. Ordinance No. 878 -A, 2nd Reading, Amending Ordinance No. 878, amending Fiscal Year 2004 -05 Annual Budd Director Elam presented this item to Council. In accordance with Section 4.21 of the City Charter, the caption for this term is listed as follows: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS, REVISING THE BUDGET FIGURES FOR FISCAL YEAR 2004 -05 BEGINNING OCTOBER 1, 2004, AND TERMINATING SEPTEMBER 30, 2005, AND MAKING APPROPRIATIONS FOR EACH DEPARTMENT, PROJECT AND ACCOUNT; REPEALING CONFLICTING ORDINANCES; PROVIDING A SAVINGS AND SEVERABILITY CLAUSE; AND DECLARING AN EFFECTIVE DATE. No one spoke during the public hearing. Motion was made to approve Ordinance No. 878 -A, 2nd Reading, Amending Ordinance No. 878, amending Fiscal Year 2004 -05 Annual Budget Motion: Terrell Second: Jones Ayes: Hill, Jones, Morris, Muzyka, Terrell, Wambsganss Nays: None Approved: 6 -0 Auenda Item No. 8A. Ordinance No. 480 -459. 1 st Readiniz (ZA05 -024)_ Zoning Chanize and Concept Plan for proposed Lots 1 -11 and 13, Miracle Pointe, being legally described as a portion of Tract 6KI, J.H. Freeman Survey, Abstract No. 529. The property is located at 2200 Crooked Lane. Current Zoning: I -1 Light Industrial District. Requested Zoning: SF -20A Single Family Residential District. SPIN Neighborhood 98. Chief UNOFFICIAL REGULAR CITY COUNCIL MEETING MINUTES, JUNE 21, 2005 Page 3 of 5 Planner Killough presented this item to Council. Applicant Jason Denis, 2741 Springhill Drive, Grapevine, Texas presented this item and answered Council's questions. Council discussed this request. Motion was made to approve Ordinance No. 480 -459, 1 st Reading (ZA05 -024), Zoning Change and Concept Plan for proposed Lots 1 -11 and 13, Miracle Pointe, subject to Concept Plan Review Summary No. 3, dated June 3, 2005; subject to the Planning and Zoning Commission's recommendation; requiring three trees to be placed on each lot with the trees being three to four inch caliper in size and two of them placed towards the street side and one of them placed at the discretion of the builder; requiring substantial compliance with the picture of the entry feature shown tonight and made as an exhibit; requiring the temporary turnaround to be permanent in appearance and made of something other than asphalt such as brick pavers; and requiring the applicant to work with Cambridge Place residents on fencing. Motion: Jones Second: Terrell Ayes: Hill, Jones, Morris, Muzyka, Terrell, Wambsganss Nays: None Approved: 6 -0 Agenda Item No. 8B. Ordinance No. 480 -460, 1 St Reading (ZA05 -025), Zoning Change and Site Plan for proposed Lot 12, Miracle Pointe, being legally described as a portion of Tract 6K1, J.H. Freeman Survey, Abstract No. 529. The property is located at 2200 Crooked Lane. Current Zoning: I -1 Light Industrial District. Requested Zoning: S -P -1 Detailed Site Plan District. SPIN Neighborhood #8. Chief Planner Killough presented this item to Council. Applicant Jean Denis, 2741 Springhill Drive, Grapevine, Texas presented this item to Council and answered questions. Council discussed this request. Motion was made to approve Ordinance No. 480 -460, 1 St Reading (ZA05 -025), Zoning Change and Site Plan for proposed Lot 12, Miracle Pointe, subject to Site Plan Review Summary No. 3, dated June 3, 2005, and subject to the Planning and Zoning Commission's recommendation; allowing the proposed six foot fence to not extend to the street beyond the front building lot of Lot 13; limiting uses as proposed tonight; and requiring the addition of screening along the sides of the driveway with plantings with a wrought iron gate. Motion: Terrell Second: Morris Ayes: Hill, Jones, Morris, Muzyka, Terrell, Wambsganss Nays: None Approved: 6 -0 Agenda Item No. 8C. Ordinance No. 887, 1 St Reading, Appoint a Municipal Judge and authorize the Mayor to execute an agreement with the Municipal Judge and provide an effective date. Mayor Wambsganss presented this item to Council. UNOFFICIAL REGULAR CITY COUNCIL MEETING MINUTES, JUNE 21, 2005 Page 4 of 5 Motion was made to approve Ordinance No. 887, 1 st Reading, Appointing a Municipal Judge and authorizing the Mayor to execute an agreement with the Municipal Judge and providing an effective date and reappointing current judge, Carol Montgomery, with an effective date of July 17, 2005 through July 17, 2007. Motion: Terrell Second: Muzyka Ayes: Hill, Jones, Morris, Muzyka, Terrell, Wambsganss Nays: None Approved: 6 -0 Agenda Item No. 8D. Ordinance No. 888, 1 st Reading, Amending Article IV of Chapter 2 of the Code of Ordinances by establishing a new division relating to purchasing procedures. Director Elam presented this item to Council. Motion was made to approve Ordinance No. 888, 1 St Reading, Amending Article IV of Chapter 2 of the Code of Ordinances by establishing a new division relating to purchasing procedures. Motion: Jones Second: Morris Ayes: Hill, Jones, Morris, Muzyka, Terrell, Wambsganss Nays: None Approved: 6 -0 Agenda Item No. 12. Meeting adjourned. Mayor Wambsganss adjourned the meeting at 9:08 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, JUNE 21, 2005 Page 5 of 5