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2010-07-06 Regular CC Meeting Vj CITY OF SOUTHLAKE TEXAS REGULAR CITY COUNCIL MEETING: JULY 6, 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: Clayton Reed, Southlake Baptist 3. Discuss Southlake water system and provide update on current water demand. 4. 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. CaII 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 advice of the city attorney regarding gas drilling and production and gas utility companies. b. Seek advice of the city attorney regarding sexually- oriented businesses. 2. Section 551.072: Deliberation regarding real property a. Discuss the potential purchase or lease of real property for city facilities and projects. b. Discuss the potential amortization of property located at 815 Randol Mill Avenue, Southlake, Texas 76092 (also known as 875, 845, 815, 850, 820, and 800 Enterprise Place, Enterprise Drive or Gifford Court, Southlake, Texas 76092). City of Southlake values: Integrity Innovation Accountability Commitment to Excellence Teamwork City of Southlake City Council meeting agenda July 6, 2010 Page 2 of 6 3. Section 551.074: Deliberation regarding personnel matters a. Deliberate the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of the City Attorney. 4. 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 1. Update of upcoming meetings and events B. City Manager's 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 June 15, 2010 regular City Council meeting and the minutes from the June 22, 2010 June Retreat with City Council. B. This item was intentionally left blank. C. This item was intentionally left blank. D. Resolution No. 10 -027, Appoint five members to serve on the Board of Directors of the Tax Increment Reinvestment Zone Number One, City of Southlake, Texas. E. Variance to Section 4.01 of Subdivision Ordinance No. 483, as amended (Plat Extension), extending the validity of Case ZA05 -088, Plat Revision for Lots 13R1 and 13R2, F. Throop No. 1511 Addition (Johnson Elementary School). Current Zoning: CS Community Service District. SPIN Neighborhood #3. F. Consider SV10 -011, Sign Variance for a temporary sign for Carillon Office Development located in the 200 Block of East State Highway 114. G. Approve a contract in an amount not to exceed $14,000 to Kleinfelder for ambient air quality testing within the City of Southlake. City of Southlake values: Integrity Innovation Accountability Commitment to Excellence Teamwork City of Southlake City Council meeting agenda July 6, 2010 Page 3 of 6 H. Ordinance No. 977, 1 Reading, Dedication of an easement and right -of- way on city -owned park property at Bicentennial Park to Oncor Electric Delivery Company. (If approved on first reading, a public hearing will be held at the July 20, 2010 City Council meeting.) I. Variance to Section 4.01 of Subdivision Ordinance No. 483, as amended (Plat Extension), extending the validity of Case ZA07 -136, Plat Revision for Lot 11R, J.G. Allen No. 18 Addition (Northeast Baptist Church). Current Zoning: CS Community Service District. SPIN Neighborhood #11. J. Ordinance No. 480 -588 (ZA09 -017), 1 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, Tarrant County and being located at 180 and 190 Jellico Circle West. Current Zoning: SF -1A Single Family Residential District. Proposed Zoning: S -P -1 Detailed Site Plan District. SPIN Neighborhood #11. THIS ITEM IS TABLED TO THE JULY 20, 2010 CITY COUNCIL MEETING AT THE REQUEST OF THE APPLICANT. (This is the 8 time this item has been tabled.) K. ZA10 -014, Site Plan for Brazos Southlake Substation and a variance to the Masonry Ordinance No. 557 -A, as amended, on property being described as Lot 3, Block A, MTP -IBM Addition No. 1, being located at 3411 T. W. King Road. Current Zoning: NR -PUD Non Residential Planned Unit Development District. SPIN Neighborhood #1. THIS ITEM IS TABLED TO THE JULY 20, 2010 CITY COUNCIL MEETING AT THE REQUEST OF THE APPLICANT. (This is the 6th time this item has been tabled.) 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. ZA10 -034, Site Plan for improvements to Johnson Elementary School on property being described as Lot 13A, F. Throop, No. 1511 Addition, an addition to the City of Southlake and being located at 1301 North Carroll Avenue and being approximately 13.87 acres. Current Zoning: CS Community Service District. SPIN Neighborhood #3. PUBLIC HEARING B. Variance to Masonry Ordinance No. 557 -A for one portable building at Durham Intermediate School being described as Lot 1, Block 1, Carroll City of Southlake values: Integrity Innovation Accountability Commitment to Excellence Teamwork City of Southlake City Council meeting agenda July 6, 2010 Page 4 of 6 ISD No. 1 Addition, an addition to the City of Southlake and being located at 801 Shady Oaks Drive. Current Zoning: CS Community Service District. PUBLIC HEARING 7. Ordinances, first readings, and related items: (There are no items on this agenda.) 8. Resolutions: A. Resolution No. 10 -031, Declare a 90 -day moratorium on the acceptance or processing of any sign applications for readerboard (electronic or manual) signs as defined in Sign Ordinance No. 704 -D. 9. Other items for consideration: A. Consider MSP10 -004, Master Sign Plan for the Medical Villas at Tuscan Creek located at 311 and 321 West Southlake Boulevard. 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, July 2, 2010, by 6:00 p.m., pursuant to the Texas Government Code, Chapter 551. 4StE ?.HA4B €BBBB 1 t G ti,S �i �iOI�A��6 APO �1 0 r i Lori Payne, TR C m City Secretary co A O +•A If you plan to attend this publit,r,nett arl&'have a disability that requires special needs, please advise the City Secretary's Officea548'',ours 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 July 6, 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. 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 weapon, the location of a material that may be used in a chemical, biological or City of Southlake values: Integrity Innovation Accountability Commitment to Excellence Teamwork City of Southlake City Council meeting agenda July 6, 2010 Page 6 of 6 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 TEXAS O F OFFICIAL RECORD SOUTHLAI( REGULAR CITY COUNCIL MEETING MINUTES: JULY 6, 2010 LOCATION: 1400 Main Street, Southlake, Texas 76092 City Council Chambers CITY COUNCIL PRESENT: Mayor John Terrell (arrived at 6:22 p.m.), Mayor Pro Tem Laura K. Hill, Deputy Mayor Pro Tem Brandon Bledsoe, and Councilmembers Carolyn Morris (arrived at 5:36 p.m.), Pamela A. Muller, Jeff Wang and Al Zito. CITY COUNCIL ABSENT: None. STAFF PRESENT: City Manager Shana Yelverton, Assistant City Manager Director of Public Safety Jim Blagg, Assistant to the City Manager Alison Ortowski, Director of Community Services Chris Tribble, Deputy Director of Community Services Kerry McGeath, Director of Economic Development Greg Last, Director of Finance Sharen Jackson, Assistant Director of Finance Sean Leonard, Director of Human Resources Stacey Black, Director of Information Technology Dale Dean, Director of Planning and Development Services Ken Baker, Chief Building Official Paul Ward, Planner II Richard Schell, 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, Environmental Coordinator Christi Upton, 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 Pro Tem Hill at 5:32 p.m. Agenda Item No. 2. Invocation. Clayton Reed from Southlake Baptist Church gave the invocation. Mayor Pro Tem Hill led the pledge of allegiance. Agenda Item No. 3. Discuss Southlake water system and provide update on current water demand. Director Price presented this item and answered Council's questions. Agenda Item No. 4. Discuss all items on tonight's meeting agenda. No action will be taken and each item will be considered during the Regular Session. Council reviewed the items on the consent agenda. Item 8A was moved to the consent agenda for approval. Councilmember Morris requested item 4G be removed from consent and considered separately. REGULAR CITY COUNCIL MEETING MINUTES, JULY 6, 2010 Page 1 of 6 REGULAR SESSION: Agenda Item No. 1. Call to order. The regular session of the City Council was called to order by Mayor Pro Tem Hill at 6:22 p.m. Mayor Terrell arrived at 6:22 p.m. Agenda Item No. 2A. Executive Session. Mayor Pro Tem Hill 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; Section 551.074 deliberation regarding personnel matters; and Section 551.087, deliberation regarding economic development negotiations. City Council adjourned for Executive Session at 6:22 p.m. Executive Session began at 6:35 p.m. and ended at 8:13 p.m. Agenda Item No. 2B. Reconvene. Mayor Terrell reconvened the regular meeting at 8:21 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. Agenda Item No. 3B. City Manager's Report. City Manager Yelverton thanked St. Laurence Episcopal Church Boy Scout Troop 168 for helping the city with our flag project over the Independence Day weekend. They assisted staff by placing flags in Town Square over the July 4 weekend which really added to the visual impact and importance of the event. 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 June 15, 2010 regular City Council meeting and the minutes from the June 22, 2010 June Retreat with City Council. The minutes were approved as presented. Agenda Item No. 4B. This item was intentionally left blank. Agenda Item No. 4C.This item was intentionally left blank. Agenda Item No. 4D. Resolution No. 10 -027, Appoint five members to serve on the Board of Directors of the Tax Increment Reinvestment Zone Number One, City of Southlake, Texas. A presentation was not made on this item. Council appointed members Al Zito and Jeff Wang to a one year term to fill the remainder of the terms of Virginia M. Muzyka and Gregory Jones. Council also re- appointed Council members Laura K. Hill, Carolyn Morris, and Brandon Bledsoe with terms to expire in May 2012. REGULAR CITY COUNCIL MEETING MINUTES, JULY 6, 2010 Page 2 of 6 In accordance with Section 4.21 of the City Charter, the caption for this item is listed as fol lows: 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. 4E. Variance to Section 4.01 of Subdivision Ordinance No. 483, as amended (Plat Extension), extending the validity of Case ZA05 -088, Plat Revision for Lots 13R1 and 13R2, F. Throop No. 1511 Addition (Johnson Elementary School). Current Zoning: CS Community Service District. SPIN Neighborhood #3. A presentation was not made on this item. Council approved this item with an approval date of the plat extension until September 6, 2010. Agenda Item No. 4F. Consider SV10 -011, Sign Variance for a temporary sign for Carillon Office Development located in the 200 Block of East State Highway 114. A presentation was not made on this item. Agenda Item No. 4G. Approve a contract in an amount not to exceed $14,000 to Kleinfelder for ambient air quality testing within the City of Southlake. During the work session, Councilmember Morris asked for this item to be removed from the consent agenda and to be discussed during the regular meeting. It was later decided to leave it on consent. City Attorney Taylor commented that during the executive session, he had an opportunity to brief the Council on the legal issues relating to the contract contents, the protocol, and the method of implementation. It is his understanding that Council is now aware that the contract is the original draft instrument prepared by the consultant after on -going conversations with the city staff. We have requested that State and Federal Agencies that are also involved in air quality enforcement provide input as to whether or not any additional tests should be added to the study protocol. Council has suggested to staff that if they find those suggested tests to be reasonable, they should be added to the contract and if that increases the projected price of the contract the contract will be modified or amended to include those cost estimates up to the maximum amount permitted by law for approval by the City Manager. It is his understanding that the Council desires to go ahead in its motion tonight to direct the staff to implement this program and proceed with the execution of the contract when it is in its final form after adding into the agreement any additional tests deemed appropriate by State or Federal representatives and adjusting the cost to reflect the increased price of that testing. Agenda Item No. 4H. Ordinance No. 977, 1 Reading, Dedication of an easement and right -of -way on city -owned park property at Bicentennial Park to Oncor Electric Delivery Company. A presentation was not made on this item. REGULAR CITY COUNCIL MEETING MINUTES, JULY 6, 2010 Page 3 of 6 Agenda Item No. 41. Variance to Section 4.01 of Subdivision Ordinance No. 483, as amended (Plat Extension), extending the validity of Case ZA07 -136, Plat Revision for Lot 11R, J.G. Allen No. 18 Addition (Northeast Baptist Church). Current Zoning: CS Community Service District. SPIN Neighborhood #11. A presentation was not made on this item. Council approved this item with an approval date of the plat extension until April 1, 2011. Agenda Item No. 4J. Ordinance No. 480 -588 (ZA09 -017), 1 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, Tarrant County and being located at 180 and 190 Jellico Circle West. Current Zoning: SF -1A Single- Family Residential District. Proposed Zoning: S -P -1 Detailed Site Plan District. SPIN Neighborhood #11. This item was tabled to the July 20, 2010 City Council meeting. Agenda Item No. 4K. ZA10 -014, Site Plan for Brazos Southlake Substation and a variance to the Masonry Ordinance No. 557 -A, as amended, on property being described as Lot 3, Block A, MTP -IBM Addition No. 1, being located at 3411 T. W. King Road. Current Zoning: NR -PUD Non Residential Planned Unit Development District. SPIN Neighborhood #1. This item was tabled indefinitely and staff was directed to readvertise the case. Agenda Item No. 8A. Resolution No. 10 -031, Declare a 90 -day moratorium on the acceptance or processing of any sign applications for readerboard (electronic or manual) signs as defined in Sign Ordinance No. 704 -D. Director Baker answered questions about this item during the work session. Motion was made to approve consent agenda items 4A; 4D to appoint members Al Zito and Jeff Wang to one year terms to expire in May 2011 and to reappoint Laura K. Hill, Carolyn Morris, and Brandon Bledsoe with terms to expire in May 2012; 4E; 4F; 4G including the comments by City Attorney Taylor; 4H; 41 with an approval date of the plat extension until April 1, 2011; to table item 4J to the July 20, 2010 City Council meeting; to table item 4K indefinitely and directing staff to readvertise; and including 8A. Motion: Hill Second: Bledsoe Ayes: Bledsoe, Hill, Morris, Muller, Wang, Zito, Terrell Nays: None Approved: 7 -0 REGULAR AGENDA: Agenda Item No. 5. Public Forum. Mayor Terrell opened the public forum. No one spoke. Mayor Terrell closed the public forum. Agenda Item No. 6A. ZA10 -034, Site Plan for improvements to Johnson Elementary School on property being described as Lot 13A, F. Throop, No. 1511 Addition, an addition to the City of Southlake and being located at 1301 North Carroll Avenue and REGULAR CITY COUNCIL MEETING MINUTES, JULY 6, 2010 Page 4 of 6 being approximately 13.87 acres. Current Zoning: CS Community Service District. SPIN Neighborhood #3. Planner Schell presented this item and answered Council's questions. Applicants John Blacker, Tom Grant, and John Haugen also made a presentation and answered Council's questions. No one spoke during the public hearing. Council continued discussion of this request. Motion was made to approve ZA10 -034, Site Plan for improvements to Johnson Elementary School subject to the following: •subject to Site Plan Review Summary No. 3, dated June 17, 2010; •granting variances for driveway stacking and driveway spacing; •granting a variance for the sidewalk from 8' (feet) to 6' (feet) along Carroll Avenue, but construction of the sidewalk would not be required until such time that the Director of Public Works provides the school district notice that the city is prepared to initiate the road widening project on Carroll Avenue and at that time, the school district will be obligated to fund the 6' (feet) sidewalk adjacent to the new roadway; and, •not granting a variance for the required sidewalk to the south of the school along East Highland Street, but allowing construction of the 8' (feet) multi -use trail to be deferred until such time that the sidewalks are constructed on either side of the school property with the widening of East Kirkwood Boulevard to its ultimate four lane cross section, at which time the school district will be obligated to fund construction of the 8' (feet) multi -use trail. Motion: Hill Second: Bledsoe Ayes: Bledsoe, Hill, Morris, Muller, Wang, Zito, Terrell Nays: None Approved: 7 -0 Agenda Item No. 6B. Variance to Masonry Ordinance No. 557 -A for one portable building at Durham Intermediate School being described as Lot 1, Block 1, Carroll ISD No. 1 Addition, an addition to the City of Southlake and being located at 801 Shady Oaks Drive. Current Zoning: CS Community Service District. Planner Schell presented this item to Council. Applicant John Haugen answered Council's questions. No one spoke during the public hearing. Motion was made to approve Variance to Masonry Ordinance No. 557 -A for one portable building at Durham Intermediate School. Motion: Hill Second: Bledsoe Ayes: Bledsoe, Hill, Morris, Muller, Wang, Zito, Terrell Nays: None Approved: 7 -0 REGULAR CITY COUNCIL MEETING MINUTES, JULY 6, 2010 Page 5 of 6 Agenda Item No. 9A. Consider MSP10 -004, Master Sign Plan for the Medical Villas at Tuscan Creek located at 311 and 321 West Southlake Boulevard. Director Baker presented this item to council. Applicants Skip Blake and Lori Taylor answered Council's questions. Motion was made to approve MSP10 -004, Master Sign Plan for the Medical Villas at Tuscan Creek. Granting the following: •There will be one (1) monument sign placed on location `B' as presented; •The monument sign will be no wider than 17' (feet); •Monument sign is permitted eight (8) panels; •The monument sign will look similar to what was presented; •The letters on the monument sign are limited to 16" (inches); •The address numbers on the monument sign are limited to 18" (inches); •All internal signs as shown on the plan presented will have letters no larger than 18" (inches); and, •Accepting the height of the monument sign as presented. Motion: Hill Second: Bledsoe Ayes: Bledsoe, Hill, Morris, Muller, Wang, Zito, Terrell Nays: None Approved: 7 -0 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; Section 551.074 deliberation regarding personnel matters; and Section 551.087, deliberation regarding economic development negotiations. City Council adjourned for Executive Session at 10:36 p.m. Executive Session began at 10:45 p.m. and ended at 11:40 p.m. Mayor Terrell reconvened the regular meeting at 11:43 p.m. and asked if any action was necessary from Executive Session. No action was necessary. Agenda Item No. 11. Meeting adjourned. Mayor Terrell adjourned the meeting at 11:43 p.m. *An audio recording of this meeting will be per retained in the City Secretary's Office. John Terrell r. Mayor c onuse 3 'L Y ATTEST: r.-. c :cc P o >e Lori Payne i" °s °o•e eeeee :.4e City Secretary �,.a` REGULAR CITY COUNCIL MEETING MINUTES, JULY 6, 2010 Page 6 of 6