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Item 5ACITY OF SOUTHLAKE REGULAR CITY COUNCIL MEETING MINUTES: JUNE 1, 2004 LOCATION: 1400 Main Street, Southlake, Texas Council Chambers in Town Hall CITY COUNCIL PRESENT Mayor Andy Wambsganss, Mayor Pro Tern Rex Potter, Deputy Mayor Pro Tern Keith Shankland, and Councilmembers Gregory Jones, Carolyn Morris, Virginia Muzyka, and John Terrell. CITY COUNCIL ABSENT None. STAFF PRESENT City Manager Billy Campbell, Assistant City Manager Shana Yelverton, Assistant to the City Manager John Eaglen, Library Administrator Kerry McGeath, Manager of Technical Services Gary Gregg, Information Systems Technician Sam Cobb, 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 Bruce Payne, Senior Planner Dennis Killough, Director of Public Safety Rick Black, Chief of Fire Services Robert Finn, Chief of Police Marlin Price, Director of Public Works Pedram Farahnak, Deputy Director of Public Works Charlie Thomas, Assistant to the Public Work Director Valerie Bradley, Deputy City Secretary Tara Brooks, City Attorney E. Allen Taylor, and City Secretary Lori Farwell. WORK SESSION The work session was called to order by Mayor Wambsganss at 5:38 p.m. City Council reviewed the agenda items with city staff and applicants. Agenda items 9A, 913, 9C, and 9D were added to the consent agenda. The work session ended at 6:57 p.m. REGULAR SESSION: Agenda Item No. 1. Call to order The regular session was called to order by Mayor Wambsganss at 6:57 p.m. Agenda Item No. 2A. Executive Session Mayor Wambsganss announced that 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 551.073, deliberation regarding prospective gift; Section 551.074, deliberation regarding personnel matters; Section 551.076, deliberation regarding security devices; Section 551.087, deliberation regarding economic development negotiations; Section 418.183(f) Texas Disaster Act; and Section 418.106(d) & (e), local meetings to discuss emergency management plans regarding pipeline safety. City Council adjourned for Executive Session at 6:57 p.m. Executive Session began at 7:11 p.m. and ended at 7:53 p.m. UNOFFICIAL REGULAR CITY COUNCIL MEETING MINUTES, JUNE 1, 2004 Page I of 8 Agenda Item No. 2B. Reconvene Mayor Wambsganss reconvened the regular meeting at 7:55 p.m. The Mayor 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 Coy Quesenbury from Lonesome Dove Baptist 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. Agenda Item No. 4B. City Manager's Report City Manager Campbell welcomed the new City Council members. Agenda Item No. 4C. SPIN Report: A written report was given to Council. Agenda Item No. 4D. Library Report: A written report was given to Council. Agenda Item No. 4E. Park and Recreation Board Report: Boardmember Mary Georgia advised the Council of upcoming meetings and events. Agenda Item No. 4F. Local Business Report. Director Last stated that Jim Morgan, General Manager with Drexel Heritage, was scheduled for the Local Business Report but had to leave early. CONSENT AGENDA: Consent agenda items are considered to be routine by the City Council and are enacted with one motion. The Mayor read the items into the record. Agenda Item No. 5A. Approve minutes for the May 18, 2004, regular City Council meeting and for the May 25, 2004, special City Council meeting Council approved the minutes as presented. Agenda Item No. 5B. Resolution No. 04 -034, Appoint the Mayor Pro Tem and the Deputy Mayor Pro Tem. Mayor Wambsganss named Rex Potter as Mayor Pro Tem and Keith Shankland as Deputy Mayor Pro Tem. In accordance with Section 4.21 of the City Charter, the caption for this item is listed as follows: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS, APPOINTING A MAYOR PRO TEM AND A DEPUTY MAYOR PRO TEM PURSUANT TO ARTICLE 2.07 OF THE HOME RULE CHARTER; AND PROVIDING AN EFFECTIVE DATE. Agenda Item No. 9A. Resolution No. 04 -038, Approving an absence policy for members of City Council and various boards. Mayor Wambsganss presented this item during the work session. Council approved this resolution applicable only to the City Council and UNOFFICIAL REGULAR CITY COUNCIL MEETING MINUTES, JUNE 1, 2004 Page 2 of 8 the Planning and Zoning Commission. In accordance with Section 4.21 of the City Charter, the caption for this item is listed as follows: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS ESTABLISHING AN ABSENCE POLICY FOR MEMBERS OF THE CITY COUNCIL AND THE PLANNING AND ZONING COMMISSION; AND PROVIDING AN EFFECTIVE DATE. Agenda Item No. 9B. Resolution No. 04-032, five members to serve on the Board of Directors of the Tax Increment Reinvestment Zone Number One, City of Southlake, Texas. Rex Potter, Carolyn Morris, Gregory Jones, Virginia Muzyka, and John Terrell were named to the Board of Directors. In accordance with Section 4.21 of the City Charter, the caption for this item is listed as follows: A RESOLUTION OF THE CITY OF SOUTHLAKE, TEXAS, APPOINTING MEMBERS TO THE BOARD OF DIRECTORS FOR THE TAX INCREMENT REINVESTMENT ZONE NUMBER ONE OF THE CITY OF SOUTHLAKE; PROVIDING AN EFFECTIVE DATE. Agenda Item No. 9C. Resolution No. 04 -035, Appointing one City Council member to the Joint Utilization Committee. John Terrell was named to the Joint Utilization Committee. In accordance with Section 4.21 of the City Charter, the caption for this item is listed as follows: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS, APPOINTING A MEMBER TO THE JOINT UTILIZATION COMMITTEE AND PROVIDING AN EFFECTIVE DATE. Agenda Item No. 9D. Resolution No. 04-036, three City Council members to the Southlake Parks Development Corporation. Carolyn Morris, Rex Potter, and Virginia Muzyka were named to the Southlake Parks Development Corporation. 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 MEMBERS TO THE SOUTHLAKE PARKS DEVELOPMENT CORPORATION; AND PROVIDING AN EFFECTIVE DATE. Motion was made to approve consent agenda Item Nos. 5A; 5B appointing Rex Potter as Mayor Pro Tern and Keith Shankland as Deputy Mayor Pro Tem; 9A approving an absence policy for City Council and the Planning and Zoning Commission; 9B appointing Rex Potter, Carolyn Morris, John Terrell, Gregory Jones, and Virginia Muzyka to the Board of Directors of the Tax Increment Reinvestment Zone Number One; 9C appointing John Terrell to the Joint Utilization Committee; and 9D appointing Carolyn Morris, Rex Potter, and Virginia Muzyka to the Southlake Parks Development Corporation. UNOFFICIAL REGULAR CITY COUNCIL MEETING MINUTES, JUNE 1, 2004 Page 3 of 8 Motion: Potter Second: Shankland Ayes: Jones, Morris, Muzyka, Potter, Shankland, Terrell, Wambsganss Nays: None Approved: 7 -0 REGULAR AGENDA Agenda Item No. 6. Public Forum No one spoke. Agenda Item No. 7A. Ordinance No. 865, Approving and authorizing the Issuance of Certificates of Obligation, Series 2004. Director Elam presented this item to Council in conjunction with item 7B. 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, TAX AND WATERWORKS AND SEWER SYSTEM (LIMITED PLEDGE) REVENUE CERTIFICATES OF OBLIGATION, SERIES 2004 "; SPECIFYING THE TERMS AND FEATURES OF SAID CERTIFICATES; PROVIDING FOR THE PAYMENT OF SAID CERTIFICATES OF OBLIGATION BY THE LEVY OF AN AD VALOREM TAX UPON ALL TAXABLE PROPERTY WITHIN THE CITY AND A LIMITED PLEDGE OF THE NET REVENUES FROM THE OPERATION OF THE CITY'S WATERWORKS AND SEWER SYSTEM; AND RESOLVING OTHER MATTERS INCIDENT AND RELATING TO THE ISSUANCE, PAYMENT, SECURITY, SALE AND DELIVERY OF SAID CERTIFICATES, INCLUDING THE APPROVAL AND EXECUTION OF A PAYING AGENT/REGISTRAR AGREEMENT AND A PURCHASE CONTRACT AND THE APPROVAL AND DISTRIBUTION OF AN OFFICIAL STATEMENT; AND PROVIDING AN EFFECTIVE DATE. No one spoke during the public hearing. Motion was made to approve Ordinance No. 865, Approving and authorizing the Issuance of Certificates of Obligation, Series 2004. Motion: Potter Second: Shankland Ayes: Jones, Morris, Muzyka, Potter, Shankland, Terrell, Wambsganss Nays: None Approved: 7 -0 Agenda Item No. 7B. Ordinance No. 866, Approving and authorizing the Issuance of Certificates of Obligation, Series 2004A. Director Elam presented this item to Council in conjunction with item 7A. In accordance with Section 4.21 of the City Charter, the caption for this term is listed as follows: UNOFFICIAL REGULAR CITY COUNCIL MEETING MINUTES, JUNE 1, 2004 Page 4 of 8 AN ORDINANCE AUTHORIZING THE ISSUANCE OF "CITY OF SOUTHLAKE, TEXAS, TAX AND WATERWORKS AND SEWER SYSTEM SURPLUS REVENUE CERTIFICATES OF OBLIGATION, SERIES 2004A "; SPECIFYING THE TERMS AND FEATURES OF SAID CERTIFICATES; PROVIDING FOR THE PAYMENT OF SAID CERTIFICATES OF OBLIGATION BY THE LEVY OF AN AD VALOREM TAX UPON ALL TAXABLE PROPERTY WITHIN THE CITY AND A LIEN ON AND PLEDGE OF THE NET REVENUES FROM THE OPERATION OF THE CITY'S WATERWORKS AND SEWER SYSTEM; AND RESOLVING OTHER MATTERS INCIDENT AND RELATING TO THE ISSUANCE, PAYMENT, SECURITY, SALE AND DELIVERY OF SAID CERTIFICATES, INCLUDING THE APPROVAL AND EXECUTION OF A PAYING AGENT/REGISTRAR AGREEMENT AND A PURCHASE CONTRACT AND THE APPROVAL AND DISTRIBUTION OF AN OFFICIAL STATEMENT; AND PROVIDING AN EFFECTIVE DATE. No one spoke during the public hearing. Motion was made to approve Ordinance No. 866, Approving and authorizing the Issuance of Certificates of Obligation, Series 2004A. Motion: Shankland Second: Potter Ayes: Jones, Morris, Muzyka, Potter, Shaul {land, Terrell, Wambsganss Nays: None Approved: 7 -0 Auenda Item No. 7C. Ordinance No. 480 -436. 2nd Reading (ZA04 -006) Zoning Chance and Site Plan for Tamer Office Building described as Lot 1, Block 4, Timarron Phase One, Section Two, Bent Creek, located at 175 East Continental Boulevard. Current Zoning: R -PUD Residential Planned Unit Develonment District. Reauested Zoning: S -P- 1 Detailed Site Plan District. SPIN Neighborhood #9W. Senior Planner Killough presented this item to Council. Applicant Michael Tamer, 1319 Eagle Bend Drive, Southlake, Texas, answered Council's questions. In accordance with Section 4.21 of the City Charter, the caption for this term 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 LOT 1, BLOCK 4, TIMARRON, PHASE 1, SECTION 2, BENT CREEK, AND BEING APPROXIMATELY 0.939 ACRES, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "R -PUD" RESIDENTIAL PLANNED UNIT DEVELOPMENT DISTRICT TO "S -P -1" DETAILED SITE PLAN DISTRICT WITH LIMITED "O -1" OFFICE DISTRICT USES, AS DEPICTED ON THE APPROVED SITE PLAN ATTACHED HERETO AND INCORPORATED HEREIN AS EXHIBIT `B ", SUBJECT TO THE SPECIFIC REQUIREMENTS CONTAINED IN THIS ORDINANCE; CORRECTING THE OFFICIAL ZONING UNOFFICIAL REGULAR CITY COUNCIL MEETING MINUTES, JUNE 1, 2004 Page 5 of 8 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 SEVERABIL,ITY 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. Motion was made to approve Ordinance No. 480 -436, 2nd Reading (ZA04 -006) Zoning Change and Site Plan for Tamer Office Building subject to Site Plan Review Summary No. 2, dated April 2, 2004, as approved on 1 st Reading. Motion: Potter Second: Jones Ayes: Jones, Morris, Muzyka, Potter, Shankland, Terrell, Wambsganss Nays: None Approved: 7 -0 Agenda Item No. 7D. Ordinance No. 480 -438, 2 Reading (ZA04 -022) Zoning Change for 880 South Carroll Avenue. Current Zoning: R -PUD Residential Planned Unit Development District. Requested Zoning: SF-IA Single Family Residential District. SPIN Neighborhood #9e Senior Planner Killough 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 AMENDING ORDINANCE NO. 480, AS AMENDED, THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF SOUTfiLAKE, TEXAS; GRANTING A ZONING CHANGE ON A CERTAIN TRACT OR TRACTS OF LAND WITHIN THE CITY OF SOUTHLAKE, TEXAS BEING LEGALLY DESCRIBED AS TRACT 6A, SITUATED IN THE O.W. KNIGHT SURVEY, ABSTRACT NO. 899, BEING APPROXIMATELY 2.447 ACRES, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "R -PUD" RESIDENTIAL PLANNED UNIT DEVELOPMENT DISTRICT TO "SF -IN' 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. UNOFFICIAL REGULAR CITY COUNCIL MEETING MINUTES, JUNE 1, 2004 Page 6 of 8 No one spoke during the public hearing Motion was made to approve Ordinance No. 480 -438, 2 " Reading (ZA04 -022) Zoning Change for 880 South Carroll Avenue. Motion: Shankland Second: Potter Ayes: Jones, Morris, Muzyka, Potter, Shankland, Terrell, Wambsganss Nays: None Approved: 7 -0 Agenda Item No. 8A. Ordinance No. 867, 1 st Reading, Changing the street name of Pin Oak Circle to Tuscan Ridge Circle. Senior Planner Killough presented this item to Council. Applicant Tom Mathews was present to answer Council's questions. Motion was made to approve Ordinance No. 867, 1 st Reading, Changing the street name of Pin Oak Circle to Tuscan Ridge Circle. Motion: Potter Second: Jones Ayes: Jones, Morris, Muzyka, Potter, Shankland, Terrell, Wambsganss Nays: None Approved: 7 -0 Agenda Item No. 8B. Ordinance No. 480 -439, 1 st Reading (ZA04 -021) Zoning Change and Concept Plan for proposed Lots 1, 2R1, 3, 4, and 5, Block 5, Cornerstone Business Park located on the east side of the 300 through 500 blocks of South Nolen Drive. Current Zoning: S -P -2 General Site Plan District and AG Agricultural District. Requested Zoning: S -P -2 General Site Plan District with C -2 Local Retail Commercial District and I -1 Light Industrial District uses. SPIN Neighborhood #7. Senior Planner Killough presented this item to Council. Applicant Max Kruegler presented this item to Council and answered Council's questions. Motion was made approve Ordinance No. 480 -439, 1 st Reading (ZA04 -021) Zoning Change and Concept Plan for proposed Lots 1, 2R1, 3, 4, and 5, Block 5, Cornerstone Business Park, subject to Concept Plan Review Summary No. 2, dated May 14, 2004; incorporating the recommendations of the Planning and Zoning Commission; and accepting the applicant's willingness to restrict the impervious coverage on Lot 1 to 75 %, Lot 2 to 81.2 %, a maximum of 80% on Lots 3, 4, and 5 with an overall combined maximum impervious coverage on all lots of 75 %; and accepting the applicant's agreement to further eliminate the following I -1 uses: machine shop, mini - warehouses, aluminum product fabrication, broom manufacturing, cold storage warehouse, compounding of cosmetics and toiletries, janitorial or cleaning services, mattress manufacturing or renovation, and manufacturing of medical and dental equipment. Motion: Potter Second: Shankland Ayes: Jones, Morris, Muzyka, Potter, Shankland, Terrell, Wambsganss Nays: None UNOFFICIAL REGULAR CITY COUNCIL MEETING MINUTES, JUNE 1, 2004 Page 7 of 8 Approved: 7 -0 Agenda Item No. 11A. Bond rating presentation. City Manager Campbell, Assistant City Manager Yelverton, Directors Elam and Last, and Jim Sabonis with First Southwest presented this item to Council during the work session. Agenda Item No. 12. Meeting adjourned Mayor Wambsganss adjourned the meeting at 8:44 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 1, 2004 Page 8 of 8