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Item 4A REGULAR CITY COUNCIL MEETING MINUTES: JUNE 2, 2009 LOCATION :1400 Main Street, Southlake, Texas Council Chambers in Town Hall CITY COUNCIL PRESENT : Mayor John Terrell, Mayor Pro Tem Virginia M. Muzyka, Deputy Mayor Pro Tem Laura K. Hill, and Councilmembers Brandon Bledsoe, Greg Jones(arrived at 5:30 p.m.), 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, Community Relations Officer Pilar Schank, Director of Community Services Chris Tribble, Interim Director of Community Services Alison Ortowski, Deputy Director of Community Services Kerry McGeath, Recreation Coordinator Meredith Dowdy, Director of Economic Development Greg Last, Director of Finance Sharen Jackson, Purchasing Manager Tim Slifka, Director of Human Resources Kevin Hugman, Director of Information Technology Dale Dean, Director of Planning and Development Services Ken Baker, Chief Building Official Paul Ward, Planner II Clayton Comstock, Planner II Jenny Crosby, Planner I Daniel Cortez, Chief of Police Services Robert Finn, Chief of Fire Services Mike Starr, Director of Public Works Robert H. Price, Deputy Director of Public Works Gordon Mayer, Civil Engineer Michael James, Civil Engineer Michelle McCullough, Civil Engineer Cheryl Taylor, City Attorney Tim Sralla, 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 5:04 p.m. Agenda Item No. 2. Invocation. Chaplain of the Month, Linda Pallone, gave the invocation. Mayor Terrell led the pledge of allegiance. Agenda Item No. 3. Southlake Youth Action Commission recognition presentation. Alexa Herzog, Southlake Youth Action Commission Chair, gave a presentation. Council discussed various opportunities for additional SYAC involvement such as SPARK and the PKD Walk. Agenda Item No. 4. Discuss sign ordinance revisions. Planner Crosby presented this item and answered Council’s questions. UNOFFICIAL REGULAR CITY COUNCIL MEETING MINUTES, JUNE 2, 2009 Page 1 of 8 Agenda Item No. 5. Discuss North White Chapel Boulevard improvements project and various Master Plan impacts on the project. Engineer James presented this item and answered Council’s questions. Agenda Item No. 6. Discuss all items on tonight’s meeting agenda. Council reviewed the consent agenda items. Mayor Terrell closed the work session at 5:32 p.m. REGULAR SESSION: Agenda Item No. 1. Call to order. The regular session was called to order by Mayor Terrell at 5:32 p.m. Agenda Item No. 2A. Executive Session. Mayor Terrell announced City Council would be going into Executive Session pursuant to the Texas Government Code Section 551.072, deliberation regarding real property; and Section 551.087, deliberation regarding economic development negotiations. City Council adjourned for Executive Session at 5:32 p.m. Executive Session began at 5:55 p.m. and ended at 7:15 p.m. Agenda Item No. 2B. Reconvene. Mayor Terrell reconvened the regular meeting at 7:24 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 Terrell opened the public forum next. Agenda Item No. 5. Public Forum. No one spoke during the public forum. CONSENT AGENDA: Consent agenda items are considered to be routine by the City Council and are enacted with one motion. Agenda Item No. 4A. Approve minutes from the May 19, 2009 regular City Council meeting. The minutes were approved as presented. Agenda Item No. 4B. Resolution No. 09-025, Approve TxDOT Master Advance Funding Agreement (MAFA) for federally funded transportation improvements. A presentation was not made on this item. In accordance with Section 4.21 of the City Charter, the caption for this item is listed as follows: A RESOLUTION APPROVING THE MASTER AGREEMENT GOVERNING LOCAL TRANSPORTATION PROJECT ADVANCE FUNDING AGREEMENTS WITH THE STATE OF TEXAS AND AUTHORIZING THE MAYOR TO EXECUTE SAME. UNOFFICIAL REGULAR CITY COUNCIL MEETING MINUTES, JUNE 2, 2009 Page 2 of 8 Agenda Item No. 4C. Resolution No. 09-026, Appoint 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. 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. 4D. Authorize interlocal purchasing agreements with the Cities of Cedar Hill, Garland, Desoto, Irving, Rockwall, Corinth and Coppell; with the Counties of Collin, Rockwall and Hood; and the Salado Public Library. Authorize cooperative purchasing agreements with the National IPA, The Cooperative Purchasing Network (TCPN) and the National Joint Powers Alliance (NJPA). A presentation was not made on this item. Agenda Item No. 4E. Resolution No. 09-027, Approve a cooperative purchasing agreement with The Cooperative Purchasing Network. A presentation was not made on this item. 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, SOUTHLAKE, TEXAS, APPROVING THE TERMS AND CONDITIONS OF AN INTERLOCAL AGREEMENT BETWEEN THE REGION 4 EDUCATION SERVICE CENTER, WHICH SPONSORS THE COOPERATIVE PURCHASING NETWORK (TCPN), PROVIDING FOR A COOPERATIVE PURCHASING PROGRAM FOR GOODS AND SERVICES; DESIGNATING TIM SLIFKA, PURCHASING MANAGER, AS OFFICIAL REPRESENTATIVE OF THE CITYOF SOUTHLAKE RELATING TO THE PROGRAM. Motion was made to approve consent agenda items 4A; 4B; 4C; 4D; and 4E. Motion: Muzyka Second: Hill Ayes: Bledsoe, Hill, Jones, Morris, Muller, Muzyka, Terrell Nays: None Approved: 7-0 REGULAR AGENDA: nd Agenda Item No. 6A. Ordinance No. 956, 2 Reading, Dedicating an easement on City- owned property at 600 State Street for the purpose of providing electrical service to the new DPS Headquarters site. Director Price presented this item to Council. Assistant City Manager / Director Blagg answered Council’s questions. In accordance with Section 4.21 of the City Charter, the caption for this item is listed as follows: UNOFFICIAL REGULAR CITY COUNCIL MEETING MINUTES, JUNE 2, 2009 Page 3 of 8 AN ORDINANCE DEDICATING A PERMANENT EASEMENT AND RIGHT-OFWAY UPON AND ACROSS A PORTION OF CITY OWNED PROPERTY AT 600 STATE STREET DESCRIBED AS LOT 1R, RICHARD EADS NO. 481 ADDITION (CABINET A, SLIDE 12195, P.R.T.C.T.) IN THE CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS; DECLARING THAT SUCH EASEMENT IS NECESSARY FOR USE BY THE PUBLIC; AUTHORIZING THE MAYOR TO EXECUTE THE EASEMENT DEDICATION DOCUMENTS; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. No one spoke during the public hearing. nd Motion was made to approve Ordinance No. 956, 2 Reading, Dedicating an easement on City-owned property at 600 State Street for the purpose of providing electrical service to the new DPS Headquarters site. Motion: Muzyka Second: Hill Ayes: Bledsoe, Hill, Jones, Morris, Muller, Muzyka, Terrell Nays: None Approved: 7-0 nd Agenda Item No. 6B. Ordinance No. 480-WWW, 2 Reading, Amendment to the Comprehensive Zoning Ordinance No. 480, as amended, as it pertains to Solar Energy Systems. Planner Cortez presented this item and answered Council’s questions. Chief Building Official Ward also answered Council’s questions. In accordance with Section 4.21 of the City Charter, the caption for this item is listed as follows: AN ORDINANCE AMENDING ORDINANCE NO. 480, AS AMENDED, THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF SOUTHLAKE, TEXAS; AS IT PERTAINS TO SOLAR ENERGY SYSTEMS; 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 PAMPHLET FORM; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE. No one spoke during the public hearing. nd Motion was made to approve Ordinance No. 480-WWW, 2 Reading, Amendment to the Comprehensive Zoning Ordinance No. 480, as amended, as it pertains to Solar Energy Systems. Motion: Hill Second: Muzyka Ayes: Bledsoe, Hill, Jones, Morris, Muller, Muzyka, Terrell Nays: None Approved: 7-0 UNOFFICIAL REGULAR CITY COUNCIL MEETING MINUTES, JUNE 2, 2009 Page 4 of 8 nd Agenda Item No. 6C. Ordinance No. 480-YYY, 2 Reading, Amendment to the Comprehensive Zoning Ordinance No. 480, as amended, as it pertains to On-Site Sewage Facility Plans. Planner Comstock presented this item to Council. In accordance with Section 4.21 of the City Charter, the caption for this item is listed as follows: AN ORDINANCE AMENDING ORDINANCE NO. 480, AS AMENDED, THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF SOUTHLAKE, TEXAS; AS IT PERTAINS TO ON-SITE SEWAGE FACILITY PLANS; 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 PAMPHLET FORM; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE. No one spoke during the public hearing. nd Motion was made to approve Ordinance No. 480-YYY, 2 Reading, Amendment to the Comprehensive Zoning Ordinance No. 480, as amended, as it pertains to On-Site Sewage Facility Plans. Motion: Hill Second: Muzyka Ayes: Bledsoe, Hill, Jones, Morris, Muller, Muzyka, Terrell Nays: None Approved: 7-0 Agenda Item No. 6D. ZA09-004, Site Plan for Timarron Pump House at the Neighborhood Center on property being described as Common Green 3, Timarron Addition, Phase One, Section Two – Bent Creek and being located at 1250 Bent Creek Drive. Current Zoning: R-PUD – Residential Planned Unit Development District. SPIN Neighborhood #9. Director Baker presented this item and answered Council’s questions. No one spoke during the public hearing. Motion was made to approve ZA09-004, Site Plan for Timarron Pump House at the Neighborhood Center granting the requested variances for the Hardi-board siding and the nine foot cedar fence and accepting the applicant’s commitment on the landscaping of Nellie R. Stevens shrubs at five foot on center and eight foot at planting surrounding the fence except at the gate. Motion: Hill Second: Jones Ayes: Bledsoe, Hill, Jones, Morris, Muller, Muzyka, Terrell Nays: None Approved: 7-0 UNOFFICIAL REGULAR CITY COUNCIL MEETING MINUTES, JUNE 2, 2009 Page 5 of 8 st Agenda Item No. 7A. Ordinance No. 480-582, 1 Reading (ZA08-091), Zoning Change and Concept Plan for Glosser Addition on property being described as Tracts 3B and 3B1, J. Childress Survey, Abstract No. 522 and Concept Plan for Glosser Addition on property being described as Tracts 3B and 3B1, J. Childress Survey, Abstract No. 522 and Lot 7, Block 1, Cedar Oaks Estates being located at 1680 North Peytonville Avenue, 1640 North Peytonville Avenue and 1800 Sleepy Hollow Trail. Current Zoning: AG Agricultural District and SF-1A Single Family Residential District. Requested Zoning: SF-1A Single Family Residential District and SF-2 Single Family Residential District. SPIN Neighborhood #5. Planner Cortez presented this item and answered Council’s questions. Applicant Tom Matthews, 2600 East Southlake Boulevard, Southlake, Texas answered Council’s questions. Council discussed this request. Mayor Terrell announced City Council would be going into Executive Session pursuant to the Texas Government Code Section 551.071, consultation with attorney. City Council adjourned for Executive Session at 8:20 p.m. Executive Session began at 8:21 p.m. and ended at 8:40 p.m. Mayor Terrell reconvened the meeting at 8:45 p.m. Mayor Terrell allowed time for the public to speak, and no one spoke. Council continued discussion of this request. st Motion to approve Ordinance No. 480-582, 1 Reading (ZA08-091), Zoning Change and Concept Plan for Glosser Addition with the exception that with respect to the unzoned portion of Lot 1, which is designated as AG, that will now be recommended in this motion to be included as SF-2, that requesting a variance to allow access from either Peytonville or from Sleepy Hollow (but not from both) with respect to the designated new SF-2 zoning for the AG zoned Lot 1, the applicant is willing to dedicate ROW for the sidewalk requirements along Peytonville and escrow the funds for the sidewalk (or satisfactory agreement), and subject to Concept Plan Review Summary No. 3, dated May 11, 2009. Motion: Bledsoe Second: Jones Ayes: Bledsoe, Hill, Jones, Morris, Muzyka, Terrell Nays: Muller Approved: 6-1 st Agenda Item No. 7B. Ordinance No. 480-510a, 1 Reading (ZA09-013), Zoning Change and Development Plan for Statham/Eddins property, being Lots 1 and 2, R.D. Price No. 1207 Addition and Tract 7, Rees D. Price Survey, Abstract No. 1207 and being located at 2988, 3000, and 3010 Burney Lane. Current Zoning: SF-1A Single Family Residential District and R-PUD Residential Planned Unit Development. Proposed Zoning: R-PUD Residential Planned Unit Development District. SPIN Neighborhood #2. Planner Comstock presented this item and answered Council’s questions. Applicant Ron Eddins, 3001 Native Oak, Flower Mound, Texas. Mayor Terrell read comment cards from residents that are opposed to this request: UNOFFICIAL REGULAR CITY COUNCIL MEETING MINUTES, JUNE 2, 2009 Page 6 of 8 Rob Johnson, 1110 Harbor Retreat, Southlake, Texas; and, Gloria and Ken Land, 2900 Burney Lane, Southlake, Texas. Mayor Terrell allowed the public to speak. Marty O’Conner spoke in opposition to this request. Council discussed this request. st Motion was made to approve Ordinance No. 480-510a, 1 Reading (ZA09-013), Zoning Change and Development Plan for Statham/Eddins property subject to the applicant’s representations tonight; accepting the applicant’s agreement to review the adjustment of the septic fields and moving them closer to the home; accepting the applicant’s willingness to look at areas where the building envelope can be reduced; applicant to look at areas where the tree preservation areas can be expanded and will submit those to staff in advance of the next meeting allowing sufficient time for those documents to be reviewed by staff who will complete a comparison of this layout versus two lots; accepting the applicant’s commitment that if the pool is drained, they will consult with the City’s environmental coordinator to ensure that any discharge will meet City ordinance and State requirements and will also get back to City Council on the requirements with respect to the pool backwash to determine how that will be handled; accepting the applicant’s commitment that the placement of fencing would not be cause for the removal of trees and the applicant will review the fencing plan and give Council a revised fencing plan that will pull the fence back from the currently specified tree area and closer to the building envelope; accepting applicant’s willingness to review lot coverage which will most likely be less that 14%; and subject to Development Review Summary No. 2, dated May 15, 2009. Motion: Jones Second: Muzyka Ayes: Bledsoe, Jones, Muzyka, Terrell Nays: Hill, Morris, Muller Approved: 4-3 st Agenda Item No. 7C. Ordinance No. 480-ZZZ, 1 Reading, Amend the Comprehensive Zoning Ordinance No. 480, Section 44.12 (1), as amended, Special Exceptions Use, as it pertains to the regulations for servants or family quarters. Director Baker presented this item to Council. st Motion was made to approve Ordinance No. 480-ZZZ, 1 Reading, Amend the Comprehensive Zoning Ordinance No. 480, Section 44.12 (1), as amended, Special Exceptions Use, as it pertains to the regulations for servants or family quarters, limiting the square footage to 1,000 S.F. for SF-30 and to 2,000 S.F. for anything above; prohibiting any rental property; and requiring utilities to be part of the principle residence. Motion:Hill UNOFFICIAL REGULAR CITY COUNCIL MEETING MINUTES, JUNE 2, 2009 Page 7 of 8 Second: Jones Ayes: Bledsoe, Hill, Jones, Morris, Muller, Muzyka, Terrell Nays: None Approved: 7-0 Agenda Item No. 11. Meeting adjourned. Mayor Terrell adjourned the meeting at 10:05 p.m. *An audio recording of this meeting will be permanently retained in the City Secretary’s Office. ______________________________ John Terrell Mayor ATTEST: ______________________________ Lori Payne, TRMC City Secretary UNOFFICIAL REGULAR CITY COUNCIL MEETING MINUTES, JUNE 2, 2009 Page 8 of 8