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Item 4AREGULAR CITY COUNCIL MEETING MINUTES: MAY 19, 2009 LOCATION :1400 Main Street, Southlake, Texas Council Chambers in Town Hall CITY COUNCIL PRESENT : Mayor Andy Wambsganss, Mayor-Elect John Terrell, Deputy Mayor Pro Tem Gregory Jones and Councilmembers Laura K. Hill, Pamela Muller, Virginia M. Muzyka, and Vernon Stansell and Councilmembers-Elect Brandon Bledsoe and Carolyn Morris. 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, Construction Manager Peter Kao, Director of Economic Development Greg Last, Director of Finance Sharen Jackson, Assistant Director of Finance Sean Leonard, Municipal Court Judge Carol Montgomery, Director of Human Resources Kevin Hugman, Director of Information Technology Dale Dean, Information Technology Technician Vicky Roche, Director of Planning and Development Services Ken Baker, Deputy Director of Planning and Development Services Dennis Killough, Planner II Clayton Comstock, Planner I Daniel Cortez, Administrative Secretary Stephanie Breitbarth, 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, City Attorney E. Allen Taylor, City Secretary Lori Payne, Deputy City Secretary Tara Brooks, and Office Assistant Brandi Harris. WORK SESSION: Agenda Item No. 1. Call to order. The work session was called to order by Mayor Wambsganss at 5:12 p.m. Agenda Item No. 2. Invocation. Chaplain of the month Linda Pallone gave the invocation. Mayor Wambsganss led the pledge of allegiance. Agenda Item No. 3. Resolution No. 09-022, Canvass the returns and declare the results of the General and Special Elections held on May 9, 2009. Mayor Wambsganss read the resolution into the record. 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, MAY 19, 2009 Page 1 of 7 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS, CANVASSING THE GENERAL AND SPECIAL ELECTIONS HELD ON MAY 9, 2009; DECLARING THE RESULTS OF GENERAL AND SPECIAL ELECTIONS; AND PROVIDING AN EFFECTIVE DATE. The votes were called by City Secretary Payne and Resolution No. 09-022 was approved by the City Council declaring John Terrell elected as Mayor, Carolyn Morris elected to Place 2, and Brandon Bledsoe elected to Place 3. Ayes: Hill, Jones, Muller, Muzyka, Stansell, Terrell, Wambsganss Nays: None Approved: 7-0 Agenda Item No. 4. Special recognition for City Councilmember Vernon Stansell. Mayor Wambsganss presented Councilmember Stansell with a plaque in recognition of his service to the City. Each Councilmember was given the opportunity to address Councilmember Stansell. City Manager Yelverton made a presentation on behalf of City staff. Councilmember Stansell thanked the City for the opportunity to serve. Agenda Item No. 5. Oaths of Office for Mayor, Place 2 and Place 3 and reception following. Judge Montgomery gave the Oaths of Office for Brandon Bledsoe, Carolyn Morris and John Terrell. Mayor Terrell presented Mayor Wambsganss with an engraved gavel and thanked him for his service. Mitzi Long from the office of State Representative Vicki Truitt presented a flag to Mayor Wambsganss that flew over the Texas Capital in his honor. Mayor Wambsganss presented Mayor Terrell with a City of Southlake Mayor lapel pin. Mayor Terrell invited everyone to the foyer for a reception. The reception began at 5:35 p.m. Mayor Terrell reconvened the meeting at 6:13 p.m. Agenda Item No. 4. Discuss all items on tonight’s meeting agenda. Council reviewed the consent agenda items. Mayor Terrell closed the work session at 6:15 p.m. REGULAR SESSION: Agenda Item No. 1. Call to order. The regular session was called to order by Mayor Terrell at 6:15 p.m. UNOFFICIAL REGULAR CITY COUNCIL MEETING MINUTES, MAY 19, 2009 Page 2 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, seek advice from the city attorney; Section 551.072, deliberation regarding real property; and Section 551.087, deliberation regarding economic development negotiations. City Council adjourned for Executive Session at 6:15 p.m. Executive Session began at 6:30 p.m. and ended at 7:35 p.m. Deputy Mayor Pro Tem Jones left the meeting at 6:32 p.m. Agenda Item No. 2B. Reconvene. Mayor Terrell reconvened the regular meeting at 7:40 p.m. and asked if any action was necessary from Executive Session. Councilmember Muzyka asked City Attorney Taylor to restate the motion that was discussed in Executive Session regarding the red light cameras. Motion was made to authorize the Mayor to sign an extension of the existing Red Flex contract which provides the red light camera system for the City of Southlake for an extended term of fifteen years from today’s date under the existing terms, conditions and performance requirements of the existing contract, but if we are unable to complete those negotiations within the next week, then to authorize the staff to give notice of the automatic extension of the two incremental terms of extension provided for in the existing contract. Motion: Muzyka Second: Hill Ayes: Bledsoe, Hill, Morris, Muller, Muzyka, Terrell Nays: None Approved: 6-0 Agenda Item No. 3A1. Mayor’s Report - Update of upcoming meetings and events. Mayor Terrell announced upcoming meetings and events. Councilmember Hill discussed the Game Over events on May 21 and 22, 2009 at Carroll High School. Agenda Item No. 3A1.City Manager’s Report -Finance Report. A written report was provided to Council. A separate presentation was not made. Agenda Item No. 3C.Library Board Report. A written report was provided to Council. A separate presentation was not made. 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 5, 2009 regular City Council meeting. The minutes were approved as presented. Agenda Item No. 4B. This item was intentionally left blank. UNOFFICIAL REGULAR CITY COUNCIL MEETING MINUTES, MAY 19, 2009 Page 3 of 7 st Agenda Item No. 4C. Ordinance No. 956, 1 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. A presentation was not made on this item. Agenda Item No. 4D. Resolution No. 09-023, Appoint a Mayor Pro Tem and a Deputy Mayor Pro Tem. Mayor Terrell appointed Virginia M. Muzyka as Mayor Pro Tem and Laura K. Hill 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. st Agenda Item No. 4E. Ordinance No. 480-579, 1 Reading (ZA08-062), Zoning Change and Concept Plan for 520 South White Chapel Boulevard on property being described as Tract 3E, Hiram Granberry Survey, Abstract No. 581. Current Zoning: AG - Agricultural District. Requested Zoning: SF-20A - Single Family Residential District. SPIN Neighborhood #14. This item was tabled to the June 16, 2009 City Council meeting. Motion was made to approve consent agenda items 4A; 4C; 4D to appoint Virginia M. Muzyka as Mayor Pro Tem and Laura K. Hill as Deputy Mayor Pro Tem; and to table item 4E to the June 16, 2009 City Council meeting. Motion: Muzyka Second: Hill Vote on Item 4A: Ayes: Hill, Morris, Muller, Muzyka, Terrell Nays: None Abstains: Bledsoe Approved: 5-0-1 Vote on Items 4C; 4D to appoint Virginia M. Muzyka as Mayor Pro Tem and Laura K. Hill as Deputy Mayor Pro Tem; and to table item 4E to the June 16, 2009 City Council meeting. Ayes: Bledsoe, Hill, Morris, Muller, Muzyka, Terrell Nays: None Approved: 6-0 REGULAR AGENDA: Agenda Item No. 5. Public Forum. No one spoke during the public hearing. UNOFFICIAL REGULAR CITY COUNCIL MEETING MINUTES, MAY 19, 2009 Page 4 of 7 nd Agenda Item No. 6A. Ordinance No. 480-584, 2 Reading (ZA09-008), Zoning Change and Concept Plan for 630 Shady Oaks Drive on property described as Tract 11A03, T. Hood Survey, Abstract No. 706. Current Zoning: AG - Agricultural. Proposed Zoning: SF-20A – Single Family Residential District. SPIN Neighborhood #6. Director Baker presented this item to Council. Applicant James Hendrick, 602 Loving Court, Southlake, Texas introduced himself 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; GRANTING A ZONING CHANGE ON A CERTAIN TRACT OR TRACTS OF LAND WITHIN THE CITY OF SOUTHLAKE, TEXAS BEING LEGALLY DESCRIBED AS TRACT 11A03, THOMAS M. HOOD SURVEY, ABSTRACT NO. 706, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT “A” FROM “AG” AGRICULTURAL DISTRICT TO “SF-20A” SINGLE FAMILY RESIDENTIAL DISTRICT, AS DEPICTED ON THE APPROVED CONCEPT PLAN ATTACHED HERETO AND INCORPORATED HEREIN AS EXHIBIT “B”, 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. nd Motion was made to approve Ordinance No. 480-584, 2 Reading (ZA09-008), Zoning Change and Concept Plan subject to Concept Plan Review Summary No. 2, dated April 17, 2009. Motion: Muzyka Second: Hill Ayes: Bledsoe, Hill, Morris, Muller, Muzyka, Terrell Nays: None Approved: 6-0 st Agenda Item No. 7A. Ordinance No. 480-WWW, 1 Reading, Amendment to the Comprehensive Zoning Ordinance No. 480, as amended, as it pertains to Solar Energy Systems. Planner Cortez presented this item to Council and answered Council’s questions. Council discussed this item. Mayor Terrell allowed the public to speak. Michael Hinkle-Morrison with Texas Solar Systems at 2579 Hall Johnson Road, Grapevine, Texas addressed Council on concerns with the proposed ordinance. st Motion was made to approve Ordinance No. 480-WWW, 1 Reading, Amendment to the Comprehensive Zoning Ordinance No. 480, as amended, as it pertains to Solar Energy Systems asking that staff reduce the permit fee to $50 as noted; asking for clarification of implied access to solar; requiring all requests to go through the Specific UNOFFICIAL REGULAR CITY COUNCIL MEETING MINUTES, MAY 19, 2009 Page 5 of 7 Use Permit process; and asking staff to evaluate the height not only for visibility issues but for safety issues, too, and requiring that documentation be part of the SUP process. Motion: Hill Second: Morris Ayes: Bledsoe, Hill, Morris, Muller, Muzyka, Terrell Nays: None Approved: 6-0 st Agenda Item No. 7B. Ordinance No. 480-YYY, 1 Reading, Amendment to the Comprehensive Zoning Ordinance No. 480, as amended, as it pertains to On-Site Sewage Facility Plans. Director Baker presented this item to Council. st Motion was made to approve Ordinance No. 480-YYY, 1 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, Morris, Muller, Muzyka, Terrell Nays: None Approved: 6-0 Agenda Item No. 9A. Consider SV09-009, Variance to Sign Ordinance No. 704-C for Garage Outfitters located at 2707 East Southlake Boulevard, Suite 110. Director Baker presented this item to Council and answered Council’s questions. Applicant Rob Nitka, 707 East Southlake Boulevard, Southlake, Texas and the representative from Fast Signs, Cruz Torres, answered Council’s questions. Motion was made to approve SV09-009, Variance to Sign Ordinance No. 704-C for Garage Outfitters located at 2707 East Southlake Boulevard, Suite 110, extending their banner to July 17, 2009 and allowing a maximum letter height of 20.5 inches on the back of the building. Motion: Muzyka Second: Hill Ayes: Bledsoe, Hill, Morris, Muller, Muzyka, Terrell Nays: None Approved: 6-0 Agenda Item No. 9B. Approve award of bid for a construction contract to RJ Construction for the Lonesome Dove Park improvements in the amount of $96,600. Construction Manager Kao presented this item to Council. Council discussed this request. Motion was made to approve award of bid for a construction contract to RJ Construction for the Lonesome Dove Park improvements in the amount of $96,600. Motion: Hill Second: Muzyka UNOFFICIAL REGULAR CITY COUNCIL MEETING MINUTES, MAY 19, 2009 Page 6 of 7 Ayes: Bledsoe, Hill, Morris, Muller, Muzyka, Terrell Nays: None Approved: 6-0 Agenda Item No. 11. Meeting adjourned. Mayor Terrell adjourned the meeting at 9:16 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, MAY 19, 2009 Page 7 of 7