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2010-02-16 Regular CC Meeting CITY OF S0UTHLA1<,E TEXAS REGULAR CITY COUNCIL MEETING: FEBRUARY 16 2010 LOCATION: 1400 Main Street, Southlake, Texas 76092 Council Chambers in Town Hall WORK SESSION: 5:30 P.M. 1. Call to order. 2. Invocation: Eric Hulet, Chaplain of the Month 3. Discuss all items on tonight's meeting agenda. No action will be taken and each item will be considered during the Regular Session. REGULAR SESSION: 6:30 P.M. or immediately following the work session 1. Call to order. 2. A. Executive Session: Pursuant to the Open Meetings Act, Chapter 551, Texas Government Code, Sections 551.071, 551.072, 551.073, 551.074, 551.076, 551.087, 418.183(f), and 418.106(d) & (e). Refer to posted list attached hereto and incorporated herein. Executive Session may be held, under these exceptions, at the end of the Regular Session or at any time during the meeting that a need arises for the City Council to seek advice from the City Attorney as to the posted subject matter of this City Council meeting. 1. Section 551.071: Consultation with attorney a. Seek attorney consultation regarding gas drilling and production and gas utility companies. 2. Section 551.072: Deliberation regarding real property a. Discuss the potential purchase or lease of real property for city facilities. 3. Section 551.087: Deliberation regarding economic development negotiations a. Economic incentives for businesses. B. Reconvene: Action necessary on items discussed in Executive Session. 3. REPORTS: A. Mayor's Report City of Southlake values: Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork City of Southlake City Council meeting agenda February 16, 2010 Page 2 of 6 1. Update of upcoming meetings and events B. City Manager's Report 1. Financial Report CONSENT AGENDA: All items listed below are considered to be routine by the City Council and will be enacted with one motion. There will be no separate discussion of items unless a Councilmember or citizen so requests, in which event the item will be removed from the general order of business and considered in its normal sequence. 4. Consent: A. Approve minutes from the February 2, 2010 regular City Council meeting. B. Resolution No. 10-011, Call a General Election for May 8, 2010. (Resolucion No. 10-011, convocatoria a las elecciones generales para el 8 de mayo de 2010.) C. This item was intentionally left blank. D. Approve a Right-of-Way Encroachment Agreement on 1816 Shady Oaks Drive. E. Ordinance No. 968, 1St Reading, Adopt an ordinance to dedicate street right-of-way from City-owned property at the southeast corner of Dove Road and North White Chapel Boulevard for the purpose of constructing future street improvements. (If approved at first reading, the public hearing will be held March 2, 2010.) F. Approve a multi-city Tree Services Contract with Alpine Tree Service. G. This item was intentionally left blank. H. This item was intentionally left blank. 1. This item was intentionally left blank. J. This item was intentionally left blank. K. Approve SPDC Matching Funds request from Roxy Tennis, L.L.P. in the amount of $40,500 for construction of a sixth tennis court at the Southlake Tennis Center. L. Approve SPDC Matching Funds request from Southlake DPS Citizens Association in the amount of $50,000 for Southlake Safety Town. City of Southlake values: Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork City of Southlake City Council meeting agenda February 16, 2010 Page 3 of 6 M. Approve the purchase of software licenses to Microsoft Corporation in the amount of $99,618.54. N. Variance to the Subdivision Ordinance No. 483, Section 4.01(1)(2) (Plat Expiration) and Section 4.01(1)(3) (Plat Extension), as amended, extending the validity of case No. ZA09-001, Lot 8, A. H. Chivers No. 299 Addition. Current Zoning: S-P-1 Detailed Site Plan District. SPIN Neighborhood #3. 0. ZA09-077, Plat Showing for Lots 31 and 32, Francis Throop Survey No. 1511 Addition on property being described as Tract 3A1 F3, Francis Throop Survey, Abstract No. 1511 and being located at 1810 North Sunshine Lane. Current Zoning: SF-1A Single Family Residential District. SPIN Neighborhood #4. P. Ordinance No. 480-588 (ZA09-017), 1St Reading, Zoning Change and Site Plan for Bethel Methodist Church of Southlake on property being described as Tracts 2C26 and 2C27, J.G. Allen Survey, Abstract No. 18, and being located at 180 and 190 Jellico Circle West. Current Zoning: SF- 1A Single-Family Residential District. Requested Zoning: S-P-1 Detailed Site Plan District. SPIN Neighborhood #11. THE APPLICANT HAS REQUESTED TO TABLE THIS ITEM TO THE MARCH 2, 2010 CITY COUNCIL MEETING. Q. Ordinance No. 480-549a, 2nd Reading (ZA09-059), Zoning Change and Site Plan for Invitation Park on property being described as Tracts 313, 31301 and a portion of 3D01, Obediah W. Knight Survey, Abstract No. 899 and being located at 821, 825 and 835 East Southlake Boulevard. Current Zoning: S-P-1 Detailed Site Plan District. Requested Zoning: S-P-1 Detailed Site Plan District. SPIN Neighborhood #8. THE APPLICANT HAS REQUESTED TO TABLE THIS ITEM TO THE MARCH 2, 2010 CITY COUNCIL MEETING. (The request for an Assisted Living Facility as a permitted use on this property has been withdrawn by the applicant.) REGULAR AGENDA: 5. Public Forum. (The Public Forum will not begin prior to 7:00 p.m.) 6. Ordinances, second readings, public hearings, and related items: A. This item was intentionally left blank. B. ZA10-004, Site Plan for Taco Bueno #3126 on property being described as Lot 3, Block 1, Perry/Allen Addition and being located at 2305 East City of Southlake values: Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork City of Southlake City Council meeting agenda February 16, 2010 Page 4 of 6 Southlake Boulevard. Current Zoning: C-3 General Commercial District. SPIN Neighborhood #8. PUBLIC HEARING C. Consider SV10-002, Variance to Sign Ordinance No. 704, as amended, for Taco Bueno located at 2305 East Southlake Boulevard. 7. Ordinances, first readings, and related items: (There are no items on this agenda.) 8. Resolutions: (There are no items on this agenda.) 9. Other items for consideration: (There are no items on this agenda.) 10. Other items for discussion: (There are no items on this agenda.) 11. Meeting adjourned. CERTIFICATE I hereby certify that the above agenda was posted on the official bulletin boards at Town Hall, 1400 Main Street, Southlake, Texas, on Friday, February 12, 2010, by 6:00 p.m., pursua t to the Texas Goyernment<Code, Chapter 551. Lori Payne, TRM City Secretary ` If you plan to attend this pubtip meetirlg46d have a disability that requires special needs, please advise the City Secretary's 6fflddl"48 hours in advance at 817-748-8016 and reasonable accommodations will be made to assist you. City of Southlake values: Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork City of Southlake City Council meeting agenda February 16, 2010 Page 5 of 6 EXECUTIVE SESSION Section 551.071: Consultation with attorney The City Council may conduct a private consultation with its attorney when the City Council seeks the advice of its attorney concerning any item on this agenda, about pending and contemplated litigation, or a settlement offer, or on a matter in which the duty of the attorney to the City Council under the Texas Disciplinary Rules of Professional Conduct of the State Board of Texas clearly conflicts with Chapter 551. This includes the following pending and/or contemplated litigation subjects: 1. Michael Kenny vs. City of Southlake. April 2008. 2. Jayson Steele vs. City of Southlake. August 2008. Section 551.072: Deliberation regarding real property The City Council may conduct a closed meeting to deliberate the purchase, exchange, lease or value of real property. Section 551.073: Deliberation regarding prospective gift or donation The City Council may conduct a closed meeting to deliberate a negotiated contract for a prospective gift or donation to the City. Section 551.074: Deliberation regarding personnel matters The City Council may deliberate the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of public officers, including the City Manager, City Secretary, City Attorney, Municipal Judge and city boards and commission members. A complete list of the city boards and commissions is on file in the City Secretary's Office. Section 551.076: Deliberation regarding security devices The City Council may deliberate the deployment, or specific occasions for implementation of security personnel or devices. Section 551.087: Deliberation regarding economic development negotiations The City Council may discuss or deliberate regarding commercial or financial information received from a business prospect that the city seeks to have locate, stay, or expand in or near the city and which the City is conducting economic development negotiations; or to deliberate the offer of a financial or other incentive to a business prospect as described above. Section 418.183(fl: Texas Disaster Act The City Council may deliberate information: 1) for purposes of preventing, investigating, or responding to an act of terrorism or related criminal activity and involving emergency response providers, their staffing, contact information and tactical plans; 2) that relates to the risk or vulnerability of persons or property, including infrastructure, to an act of terrorism; 3) that relates to the assembly of an explosive City of Southlake values: Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork City of Southlake City Council meeting agenda February 16, 2010 Page 6 of 6 weapon, the location of a material that may be used in a chemical, biological or radioactive weapon, or unpublished information pertaining to vaccines or devices to detect biological agents or toxins; 4) that relates to details of the encryption codes or security keys for a public communication system; 5) that relates to a terrorism-related report to an agency of the United States; 6) that relates to technical details of particular vulnerabilities of critical infrastructure to an act of terrorism; 7) that relates to information regarding security measures or security systems intended to protect public and private property from an act of terrorism. The Texas Disaster Act specifically requires that a tape recording of the closed meeting be made. Section 418.106(d) & (e): Local meetings to discuss emergency management plans regarding pipeline safety The City Council may discuss emergency management plans involving pipeline safety and/or security of pipeline infrastructures or facilities when those plans or discussions contain such sensitive information. City of Southlake values: Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork CITY OF SOUTHLAK.E TEXAS REGULAR CITY COUNCIL MEETING MINUTES: FEBRUARY 16 2010 LOCATION: 1400 Main Street, Southlake, Texas City Council Chambers CITY COUNCIL PRESENT: Mayor John Terrell, Mayor Pro Tern Virginia M. Muzyka, Deputy Mayor Pro Tern Laura K. Hill (arrived at 5:51 p.m.), and Councilmembers Brandon Bledsoe, Gregory Jones, Carolyn Morris, and Pamela A. Muller. CITY COUNCIL ABSENT: None. STAFF PRESENT: City Manager Shana Yelverton, Assistant City Manager / Director of Public Safety Jim Blagg, Assistant City Manager Ben Thatcher, Assistant to the City Manager Alison Orlowski, Community Relations Officer Pilar Schank, Director of Community Services Chris Tribble, Deputy Director of Community Services Kerry McGeath, Assistant Director of Finance Sharon Guess, Assistant Director of Finance Sean Leonard, Purchasing Manager Tim Slifka, Interim Director of Human Resources Stacey Black, Director of Information Technology Dale Dean, Information Technology Technician Eric Lusk, Director of Planning and Development Services Ken Baker, Chief of Fire Services Mike Starr, Chief of Police Services Robert Finn, Director of Public Works Robert Price, Deputy Director of Public Works Gordon Mayer, Civil Engineer Cheryl Taylor, City Attorney E. Allen Taylor and City Secretary Lori Payne. WORK SESSION: Agenda Item No. 1. Call to order. The work session was called to order by Mayor Terrell at 5:35 p.m. in the Executive Conference Room. Agenda Item No. 2. Invocation. Chaplain of the Month, Eric Hulet, gave the invocation. Mayor Terrell led the pledge of allegiance. Agenda Item No. 3. Discuss all items on tonight's meeting agenda Council reviewed the consent agenda items. Item 4Q was removed from the consent agenda and was placed immediately following the consent agenda items. REGULAR SESSION: Agenda Item No. 1. Call to order. The regular session of the City Council was called to order by Mayor Terrell at 5:55 p.m. REGULAR CITY COUNCIL MEETING MINUTES, FEBRUARY 16, 2010 Page 1 of 7 Agenda Item No. 2A. Executive Session. Mayor Terrell announced City Council would be going into Executive Session pursuant to the Texas Government Code, Section 551.071, consultation with attorney; Section 551.072, deliberation regarding real property; and Section 551.087, deliberation regarding economic development negotiations. City Council adjourned for Executive Session at 5:55 p.m. Executive Session began at 6:17 p.m. and ended at 7:20 p.m. Agenda Item No. 2B. Reconvene. Mayor Terrell reconvened the regular meeting at 7:34 p.m. and asked if any action was necessary from Executive Session. No action was necessary. Agenda Item No. 3A1. Mayor's Report - Update of upcoming meetings and events. Mayor Terrell announced upcoming meetings and events. Mayor Pro Tern Hill discussed the upcoming SPARK meeting. Agenda Item No. 3131. City Manager's Report - Financial Report. City Manager Yelverton presented this item and also informed Council that the results of the Citizens Survey have been posted on the city's website. CONSENT AGENDA: Consent agenda items are considered to be routine by the City Council and are enacted with one motion. The Mayor read the consent agenda items. Agenda Item No. 4A. Approve minutes from the February 2 2010 regular City Council meeting. The minutes were approved as presented. Agenda Item No. 4B. Resolution No. 10-011, Call a General Election for May 8 2010 (Resoluci6n No. 10-011, convocatoria a /as elecciones generales Para el 8 de ma yo de 2010.) Mayor Terrell presented this item during the work session. 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, CALLING FOR A GENERAL ELECTION TO BE HELD ON MAY 8, 2010 AND ESTABLISHING PROCEDURES FOR THAT ELECTION; AND PROVIDING AN EFFECTIVE DATE. Agenda Item No. 4C. This item was intentionally left blank. Agenda Item No. 4D. Approve a Right-of-Way Encroachment Agreement on 1816 Shady Oaks Drive. A presentation was not made on this item. Agenda Item No. 4E. Ordinance No. 968, 1St Reading Adopt an ordinance to dedicate street right-of-way from City-owned property at the southeast corner of Dove Road and North White Chapel Boulevard for the purpose of constructing future street improvements. A presentation was not made on this item. REGULAR CITY COUNCIL MEETING MINUTES, FEBRUARY 16, 2010 Page 2 of 7 Agenda Item No. 4F. Approve a multi-city Tree Services Contract with Alpine Tree Service. Purchasing Manager Slifka answered Council's questions during the work session. Agenda Item No. 4G. This item was intentionally left blank Agenda Item No. 4H. This item was intentionally left blank. Agenda Item No. 41. This item was intentionally left blank. Agenda Item No. 4J. This item was intentionally left blank Agenda Item No. 4K. Approve SPDC Matching Funds request from Roxy Tennis L L P in the amount of $40,500 for construction of a sixth tennis court at the Southlake Tennis Center. A presentation was not made on this item. Agenda Item No. 4L. Approve SPDC Matching Funds request from Southlake DPS Citizens Association in the amount of $50,000 for Southlake Safetv Town A presentation was not made on this item. Agenda Item No. 4M. Approve the purchase of software licenses to Microsoft Corporation in the amount of $99,618.54. A presentation was not made on this item. Agenda Item No. 4N. Variance to the Subdivision Ordinance No 483, Section 4.010)(2) (Plat Expiration) and Section 4.01(1)(3) (Plat Extension) as amended extending the validity of case No. ZA09-001, Lot 8, A. H. Chivers No. 299 Addition Current Zoning: S- P-1 Detailed Site Plan District. SPIN Neighborhood #3. A presentation was not made on this item. Agenda Item No. 40. ZA09-077, Plat Showing for Lots 31 and 32, Francis Throop Survey No. 1511 Addition on property being described as Tract 3A1 F3 Francis Throop Survey, Abstract No. 1511 and being located at 1810 North Sunshine Lane Current Zoning: SF-1A Single Family Residential District SPIN Neighborhood #4 Director Baker answered questions on this item during the work session. Council granted the requested variance to the Subdivision Ordinance allowing for the installation of a 4' sidewalk along Sunshine Lane and not providing a sidewalk along Shumaker Lane, and their approval was subject to Plat Review Summary No. 2, dated January 29, 2010. Agenda Item No. 4P. Ordinance No. 480-588 (ZA09-017) 1St Reading Zoninq Change and Site Plan for Bethel Methodist Church of Southlake on property being described as Tracts 2C26 and 2C27, J.G. Allen Survey Abstract No 18, and beinq located at 180 and 190 Jellico Circle West. Current Zoning: SF-1A Single-Family Residential District Requested Zoning: S-P-1 Detailed Site Plan District SPIN Neighborhood #11 The applicant requested to table this item to the March 2, 2010 City Council meeting. REGULAR CITY COUNCIL MEETING MINUTES, FEBRUARY 16, 2010 Page 3 of 7 Council discussed the repetitive tabling of this item during the work session. City Attorney Taylor answered questions about the tabling process during the work session. Agenda Item No. 4Q. Ordinance No. 480-549a, 2"d Reading (ZA09-059) Zoning Change and Site Plan for Invitation Park on property being described as Tracts 3B 3B01 and a portion of 3D01, Obediah W. Knight Survey Abstract No. 899 and being located at 821, 825 and 835 East Southlake Boulevard. Current Zoning: S-P-1 Detailed Site Plan District. Requested Zoning: S-P-1 Detailed Site Plan District. SPIN Neighborhood #8. The applicant requested to table this item to the April 6, 2010 City Council meeting, but Council removed this item from the consent agenda during the work session and it was discussed separately. Motion was made to approve consent agenda items 4A; 4B; 4D; 4E; 417; 4K; 4L; 4M; 4N; 40 granting the requested variance to the Subdivision Ordinance allowing for the installation of a 4' sidewalk along Sunshine Lane and not providing a sidewalk along Shumaker Lane and subject to Plat Review Summary No. 2, dated January 29, 2010; and to table 4P to the March 2, 2010 City Council meeting. Motion: Hill Second: Muzyka Ayes: Bledsoe, Hill, Jones, Morris, Muller, Muzyka, Terrell Nays: None Approved: 7-0 Council discussed item 4Q next. Agenda Item No. 4Q. Ordinance No. 480-549a, 2nd Reading (ZA09-059) Zoninq Change and Site Plan for Invitation Park on property being described as Tracts 3B 3801 and a portion of 3D01, Obediah W. Knight Survey Abstract No. 899 and being located at 821, 825 and 835 East Southlake Boulevard. Current Zoninq• S-P-1 Detailed Site Plan District. Requested Zoning: S-P-1 Detailed Site Plan District SPIN Neighborhood #8. The Mayor said the applicant has requested to table this item to the April 6, 2010 City Council meeting. Council discussed the tabling of and the process for this agenda item. Mayor Terrell read through the comment cards of the audience members who did not wish to speak but wanted to record their opposition: Amy Archambeau, 810 Pearl Drive, Southlake, Texas; Denise and John Crane, 1302 Forest Hills Court, Southlake, Texas; Maura Gardner, 401 Wickham Lane, Southlake, Texas; Ronda Kim Kempler, 806 Ownby Lane, Southlake, Texas; Tricia Koppersmith, 875 Lake Wood, Southlake, Texas; Frances Nimphius, 1050 Lakewood Drive, Southlake, Texas; Shirley Petras, 808 Pearl Drive, Southlake, Texas; Matt Schirle, 1512 Main Street, Southlake, Sandy and Steve Sullivan, 811 Ownby Lane, Southlake, Texas; REGULAR CITY COUNCIL MEETING MINUTES, FEBRUARY 16, 2010 Page 4 of 7 Catherine Vollmer, 711 Malton Lane, Southlake, Texas; and, Joanne and Mark Wright, 700 Malton Lane, Southlake, Texas. Richard Sandow, 1750 Sleepy Hollow Trail, Southlake, Texas spoke in opposition to this item. Jennifer Myers, 801 Cross Lane, Southlake, Texas spoke in opposition. Ann Davis, 308 Foxborough, Southlake, Texas spoke in opposition. Jon McPike, 904 Emerald Boulevard, Southlake, Texas spoke in opposition. Laurie English, 904 Emerald Boulevard, Southlake, Texas spoke in opposition. Dan McCabe, 1304 Westmont Court, Southlake, Texas spoke in opposition. Ann Making, 802 Cross Lane, Southlake, Texas spoke in opposition. Kim Sehanie, 1734 Tuscan Ridge Circle, Southlake, Texas spoke in opposition. Doug Spitler spoke in opposition. Paul Venesky spoke in opposition. Andrea Brankin spoke in opposition. Vic Awtry, 775 Lakewood, Southlake, Texas discussed the SPIN process and the notification process. Motion was made to table Ordinance No. 480-549a, 2nd Reading (ZA09-059), Zoning Change and Site Plan for Invitation Park to the April 6, 2010 City Council meeting. Motion: Jones Second: Hill Ayes: Bledsoe, Hill, Jones, Muller, Muzyka, Terrell Nays: Morris Approved: 6-1 REGULAR AGENDA: Aqenda Item No. 5. Public Forum. No one spoke during the public forum. Mayor Terrell called for a break at 9:22 p.m. and reconvened the meeting at 9:42 p.m. Councilmember Jones had to leave the meeting at 9:22 p.m. REGULAR CITY COUNCIL MEETING MINUTES, FEBRUARY 16, 2010 Page 5 of 7 Mayor Terrell read comment cards from people that had wanted to speak during the public forum but had to leave prior to that item. The following people wanted to record their support for a skate park being located in Southlake: Alex Diamond, 2144 Brookgate Drive, Southlake, Texas; Ryan Dykstra, 807 Potomac Place, Southlake, Texas; Myles Ellis, 1222 Wyndham Hill Lane, Southlake, Texas; Scott Patrick Leh, 1003 Southlake Hills Drive, Southlake, Texas; Reid Mayfield, 500 North Dove, Southlake, Texas; Spencer Merryman, 613 Winding Creek Court, Southlake, Texas; and, Garrett and Scot Tornow, 907 Hidden Meadow Court, Southlake, Texas. Agenda Item No. 6A. This item was intentionally left blank. Agenda Item No. 6B. ZA10-004, Site Plan for Taco Bueno #3126 on property being described as Lot 3, Block 1, Perry/Allen Addition and being located at 2305 East Southlake Boulevard. Current Zoning: C-3 General Commercial District. SPIN Neighborhood #8. Director Baker presented this item to Council in conjunction with item 6C. Applicant Jeff Wohead answered Council's questions. Council discussed this item. No one spoke during the public hearing. Motion was made to approve ZA10-004, Site Plan for Taco Bueno #3126 with renderings as presented and noting the applicant's agreement to mitigate both trees with 6-inch caliper cathedral live oaks trees at both locations. Motion: Hill Second: Muzyka Ayes: Bledsoe, Hill, Morris, Muller, Muzyka, Terrell Nays: None Approved: 6-0 Agenda Item No. 6C. Consider SV10-002, Variance to Sign Ordinance No. 704, as amended, for Taco Bueno located at 2305 East Southlake Boulevard. Director Baker presented this item to Council in conjunction with item 6B. Applicant Jeff Wohead answered Council's questions. Council discussed this item. Motion was made to approve SV10-002, Variance to Sign Ordinance No. 704, as amended, for Taco Bueno granting the requested variances on the north side fagade signage and the west side fagade signage; granting the variance on the monument sign with a 4-foot base and 4-foot sign face; also, noting that the applicant has agreed to landscape in front and in back of the monument sign and that there will be no signage in the windows on the north side which faces F.M. 1709. Motion: Hill Second: Muzyka Ayes: Bledsoe, Hill, Morris, Muller, Muzyka, Terrell Nays: None REGULAR CITY COUNCIL MEETING MINUTES, FEBRUARY 16, 2010 Page 6 of 7 Approved: 6-0 Agenda Item No. 11. Meeting adjourned. Mayor Terrell adjourned the meeting at 10:30 p.m. *An audio recording of this meeting will be permanently retained in the City Secretary's Office. C111-/ John erre Mayor ATTEST: w e Lori Payne K6 a oy® t~MF m, City Secretary d, REGULAR CITY COUNCIL MEETING MINUTES, FEBRUARY 16, 2010 Page 7 of 7