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2005-03-15 - I I. I I I I I I I I. I I I I I I I I. I CITY 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 Tem Keith Shankland and Deputy Mayor Pro Tem 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 Tem Shankland at 5:32 p.m. City Council reviewed the agenda items with city staff and applicants. Agenda items 8A, lOA, lOB, 10C, 10E and 10F were added to the consent agenda. The work session ended at 6:25 p.m. REGULAR SESSION: A2enda Item No.1. Call to order. The regular session was called to order by Mayor Pro Tem Shankland at 6:25 p.m. Agenda Item No. 2A. Executive Session. Mayor Pro Tem 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 Tem 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 Tem Shankland led the Pledge of Allegiance. REGULAR CITY COUNCIL MEETING MINUTES, MARCH 15, 2005 Page 1 of9 I I. I I I I I I I I. I I I I I I I I. I Agenda Item No. 4A. Mayor's Report. Mayor Pro Tem Shankland announced upcoming meetings and events. Agenda Item No. 4B. City Manager's ReDOrt. There was no report given. Agenda Item No. 4C. Financial Reoort. A written report was included in City Council's packet. Agenda Item No. 4D. Local Business Reoort. 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. 58. Authorize the Mavor 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 Develooer 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. Agenda Item No. 5D. Consider SP05-017. Variance to the Sign 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. 1st Reading (ZA04-101). Zoning Change for Tracts 1A1A2. and 1A1A2D. 8.J. Foster Survey. Abstract No. 519. The pro~erty is located on the north side of Gifford Court. aooroximatelv 300 feet east of Randol Mill Avenue. Current Zoning is AG Agricultural District. Requested Zoning is SF-1A 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 Tem 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 Conceot Plan for Tract 1A2. Lakin H. Chivers Survey. Abstract No. 300: proposed REGULAR CITY COUNCIL MEETING MINUTES, MARCH 15, 2005 Page 2 0[9 I I. I I I I I I I I. I I I I I I I I- I 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. lOA. Consider SP05-050. Variance to the Sign Ordinance No. 704-B for Southlake Town Square located at the northeast comer 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 Dej>artment of Public Safety. Interim Deputy City Manager Kiefer presented this item to Council during the work session. Agenda Item No. IOF. 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; 5B; 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; lOA; 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 10F 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 REGULAR CITY COUNCIL MEETING MINUTES, MARCH 15, 2005 Page 3 of9 - I I. I I I I I I I I. I I I I I I I . I I REGULAR AGENDA: Agenda Item No.6. Public Forum. No one spoke. Agenda Item No. 7 A was moved to the end of the agenda. Agenda Item No. 7B. Resolution No. 05-014. (ZA05-003t Specific Use Permit for outside sales or service to allow a sno-cone stand for the months of April through Sq>tember on Dropertv located at 2199 East Dove Road. Current Zoning: C-l 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. (ZA05-004t S-pecific Use Permit for outside sales or service to allow a sno-cone stand for the months of April through Sq>tember on proDertv 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 REGULAR CITY COUNCIL MEETING MINUTES, MARCH 15, 2005 Page 4 of9 I I. I I I I I I I I. I I I I I I I I. I 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 "A", AND AS DEPICTED ON THE APPROVED CONCEPT PLAN ATTACHED HERETO AND INCORPORATED HEREIN AS EXHffiIT "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 OblilZation Refunding Bonds. Series 2005." including the adoption of an ordinance authorizing the issuance of such bonds and orovidinlZ for the redemotion of the oblilZations 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 AGENTIREGISTRAR 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 REGULAR CITY COUNCIL MEETING MINUTES, MARCH 15, 2005 Page 5 0/9 I I. I I I I I I I I. I I I I I I I I. I Second: Ayes: Nays: Approved: Jones Jones, Hill, Morris, Muzyka, Shankland, Terrell None 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 Refundinsz Bonds. Series 2005." includinsz the adoption of a resolution relatinsz thereto. Director Elam presented this item to Council in conjunction with items m 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: Second: Ayes: Nays: Approved: Terrell Jones Jones, Hill, Morris, Muzyka, Shankland, Terrell None 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 adoDtion 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 EFFECTNE DATE. REGULAR CITY COUNCIL MEETING MINUTES, MARCH 15, 2005 Page 60f9 I I. I I I I I I I I. I I I I I I I I. I 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. lOD. Authorize the City Manager to imulement the uroposed 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. Agenda Item No. 7 A. Resolution No. 05-006. Adoption of the South Side Plan Area Study (Areas C. D. G. and ill as a component of the Southlake 2025 Plan. the Comurehensive Master Plan for the City of Southlake. Director Baker presented this item to Council. Planning and Zoning Commission Chairman Vemon 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 Tem 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 comer of Carroll Avenue and Continental Boulevard. REGULAR CITY COUNCIL MEETING MINUTES, MARCH 15, 2005 Page 70f9 I I. I I I I I I I I. I I I I I I I I. I 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 comer 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 comer 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 comer 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 comer 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, Southlake, Texas, spoke in support of the proposed change to the property at the northeast comer of Carroll Avenue and Continental Boulevard. P&Z Chairman Stansell addressed specific issues discussed during public forum and answered Council's questions. Mayor Pro Tem 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-l 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 REGULAR CITY COUNCIL MEETING MINUTES, MARCH 15, 2005 Page 8 of9 I I. I I I I I I I I. I I I I I I I I. I , . Boulevard; and considering a feasibility study for an above-grade pedestrian crossing from Town Square to the property on the south side ofFM 1709. Motion: Terrell Second: Morris Ayes: Jones, Hill, Morris, Muzyka, Shankland, Terrell Nays: None Approved: 6-0 Agenda Item No. 12. Meeting adiourned. Mayor Pro Tem. Shankland adjourned the meeting at 10:45 p.m. *An audio recording of this meeting will be permanently retained in the City Secretary's OffICe. ATTEST: lA~~~~ City Secretary ~ Mayor Pro Tem ","n...... ", UT.... '#1. ......0 .....~~41 ........". ~.......~' ~ (j- .. " ~ . ~ ~~I * --''i : I- : .~ : --. . . So, I i ~ e. ._0, -:.. e. ._ ~ ~, ............ ,$ " " "" *** "" """"""''' REGULAR CITY COUNCIL MEETING MINUTES, MARCH 15, 2005 Page 9 of9 I I - I I I I I I I Ie I I I I I I I .- I f<t;.ceiveJ.. a.-r fVltA.rcJ... I ~ ')005 6'f'~ 0;uYlCA. ,{ lVZee-f'/~ March 15,2005 To City Council of South lake We the residents of South Hollow Subdivision would like to have the council not approve the proposed zoning change for the property located at Carroll Ave and Continental Blvd. This property is noted as number 16 A in the Land Use Plan for the South Side Plan Area. This property is currently zoned Medium Density Residential and the South Side Plan calls for the zoning to be changed to Office Commercial. This property is surrounded by residential homes and the entire side of Continental that this property resides is all residential homes. This will dramatically affect the value of our homes with this proposed change. It does not make sense for the zoning to be changed on this one parcel when it is surrounded by residential homes. The below signatures are residents in the South Hollow subdivision that petition the City Council not to change the zoning on this property as recommended in the South Side Plan. Address )505 Spr(jCL ct~ /5 (/ 3 5 p,-f,{ l..l::- t::.>J. ' , /S-Ol ~ {t\JC,.G- C't-- ~pu1~ , C1. ~R-C1. /5 02.- g~GlCc 0I- I ,)()1{ ~ CA- 150/0 0pV'UCL Ct. \~D:r ~~ . ISO! I s;;o () I I. I I I I I I I Ie I I I I I I I Ie I City of Southlsks OffIce of the City SscnIIaty CERTIFICATION OF UNOPPOSED CANDIDATES BY THE CITY SECRETARY I, Lori A. Farwell, certify that I am the city secretary of the City of Southlake, Texas, and the authority responsible for preparing the ballot for the May 7, 2005, General Election. I further certify that no proposition is to appear on the ballot at the election, no person has made a declaration of write-in candidacy, and all of the following candidates are unopposed: PLACE 1: PLACE 6: LAURA K. HILL CAROLYN MORRIS k'a Lori A. Farwell City Secretary City of Southlake Date: March 15,2005 1400 MIIIn 8InIet SuIIe 270 . ScUI1IIIl8. 1)( 78082 (817)481-1480._~ ,'"....."", ........~OU tL> ""'- ...' ~ . rr'L." ~~" ,'" ~ ........~~ ~ $ 0.... ....~ '.;. ~!tl * \...\~ - -: .~. i 0: : : .. \ :"..: -:.. Iv,,: ':. e. .. ~ ..:., e. ._ ~ " ......... ~ ',... .." "I" ....** ,........ ','......""..