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Item 4AREGULAR CITY COUNCIL MEETING MINUTES: JANUARY 20, 2009 LOCATION :1400 Main Street, Southlake, Texas Council Chambers in Town Hall CITY COUNCIL PRESENT : Mayor Pro Tem John Terrell, Deputy Mayor Pro Tem Gregory Jones (arrived at 6:11 p.m.) and Councilmembers Laura K. Hill, Pamela Muller, Virginia M. Muzyka, and Vernon Stansell. CITY COUNCIL ABSENT :Mayor Andy Wambsganss. 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 Ortowski, Community Relations Officer Pilar Schank, Information Systems Technician Vicky Roche, Interim Director of Community Services Chris Tribble, Deputy Director of Community Services Kerry McGeath, Senior Services Coordinator Amanda Troum, Librarian Jesse Ephraim, Library Clerk II Nicola Jesse, Assistant Director of Finance Sean Leonard, Human Resources Supervisor Stacey Black, Director of Planning and Development Services Ken Baker, Deputy Director of Planning and Development Services Dennis Killough, Chief Building Official Paul Ward, Planner I Lorrie Fletcher, Permit Technician Dianna Brawner, Chief of Police Services Robert Finn, Lieutenant Rhonda Moore, Officer Jeff Paul, Officer Tim Stites, Chief of Fire Services Mike Starr, Director of Public Works Robert H. Price, Deputy Director of Public Works Gordon Mayer, Civil Engineer Michael James, Public Works Administrative Secretary Linda Sadler, 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 Terrell at 5:09 p.m. Agenda Item No. 2. Invocation. Chaplain of the Month Margy Gore gave the invocation. Mayor Pro Tem Terrell led the pledge of allegiance. Agenda Item No. 3. I2ACTion Award presentation (July – December 2008). Human Resources Supervisor Black presented this item to Council. 22 Southlake employees were recognized for their exemplary service: Ernie Aguilar, Johnny Lopez, David Aguayo, Susie Hernandez, Amanda Troum, Nicola Jesse, Zach Garrett, Tim Hackrott, Joe Robles, Steve Morton, Jeff Paul, Linda Sadler was recognized twice, Stephanie Breitbarth, Ronnie White, Dianna Brawner, Renni Burt, Jesse Ephraim, Tyler Sewell, Ben Brown, Tim Stites, and Caroline Seay. UNOFFICIAL REGULAR CITY COUNCIL MEETING MINUTES, JANUARY 20, 2009 Page 1 of 9 Agenda Item No. 4. Solid waste ordinance revisions. Assistant City Manager / Director Blagg presented this item to Council and answered questions. Director Price also answered Council’s questions. Agenda Item No. 5. Kimball Road project. Civil Engineer James presented this item to Council. Director Price answered Council’s questions. Agenda Item No. 6. Discuss all items on tonight’s meeting agenda. City Council reviewed the consent agenda items with city staff. Item 4B was removed from the consent agenda and will be considered at a later meeting. Mayor Pro Tem Terrell closed the work session at 6:11 p.m. REGULAR SESSION: Agenda Item No. 1. Call to order. The regular session was called to order by Mayor Pro Tem Terrell at 6:11 p.m. Agenda Item No. 2A. Executive Session. Mayor Pro Tem 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, and Section 551.087, deliberation regarding economic development negotiations. City Council adjourned for Executive Session at 6:11 p.m. Executive Session began at 6:30 p.m. and ended at 7:06 p.m. Agenda Item No. 2B. Reconvene. Mayor Pro Tem Terrell reconvened the regular meeting at 7:22 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 Pro Tem Terrell announced upcoming meetings and events. Agenda Item No. 3B.Local Business Report. There was no report given. CONSENT AGENDA: Consent agenda items are considered to be routine by the City Council and are enacted with one motion. Mayor Pro Tem Terrell read the items into the record. Agenda Item No. 4A. Approve minutes from the January 6, 2009 regular City Council meeting. The minutes were approved as presented. Agenda Item No. 4B. Approve the renewal of landscape maintenance contracts with TruGreen LandCare in the amount of $93,894.40.Council discussed this item during UNOFFICIAL REGULAR CITY COUNCIL MEETING MINUTES, JANUARY 20, 2009 Page 2 of 9 the work session and removed it from the agenda to further evaluate the increase. No action was taken on this item. Agenda Item No. 4C. This item was intentionally left blank. Agenda Item No. 4D. Approve the 2009 Community Service Agreement with Call A Ride Southlake. A presentation was not made on this item. Agenda Item No. 4E. This item was intentionally left blank. Agenda Item No. 4F. Approve contracts with Archie St. Clair in the amount of $280,000 and Liz Bonham in the amount of $5,000 to provide art for the new DPS Headquarters. A presentation was not made on this item. Agenda Item No. 4G. Resolution No. 09-001, Supporting Rail North Texas: a primary rail legislative program with supplemental roadway improvements. A presentation was not made on this item, but Assistant City Manager Thatcher answered Council’s questions 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 EXPRESSING SUPPORT FOR RAIL NORTH TEXAS: A PRIMARY RAIL LEGISLATIVE PROGRAM WITH SUPPLEMENTAL ROADWAY IMPROVEMENTS. Agenda Item No. 4H. Approve an encroachment and joint use agreement with Charleston Court, LP for Lot 3R, Block 4, Cornerstone Business Park. A presentation was not made on this item. Agenda Item No. 4I. Variance to the Subdivision Ordinance No. 483, as amended, regarding plat expirations, requesting to extend the validity of Case ZA06-046, Plat Revision Lot 2B2AR, Block 1, Burnett Acres located at 1275 Shady Oaks Drive. Current Zoning: SF-2 Single Family Residential District. SPIN Neighborhood #11. A presentation was not made on this item. Agenda Item No. 4J. Consider SP08-268, Variance to Sign Ordinance No. 704-C for Scooter's Chevron located at 2150 East State Highway 114. The applicant requested to withdraw this request. Agenda Item No. 4K. ZA07-144, Site Plan for Lot 1, Players Circle on property being legally described as Lot 1, Block 1, Players Circle Addition and being located at 1901 West Southlake Boulevard. Current Zoning: C3 General Commercial District. SPIN Neighborhood #16. The applicant requested to table this item to the February 3, 2009 City Council meeting. Agenda Item No. 4L. Appoint Chris Tribble as Director of Community Services. City Manager Yelverton introduced Chris Tribble to Council. UNOFFICIAL REGULAR CITY COUNCIL MEETING MINUTES, JANUARY 20, 2009 Page 3 of 9 Agenda Item No. 4M. Appoint Dale E. Dean III as Director of the Department of Information Technology. City Manager Yelverton introduced Dale E. Dean III to Council. Motion was made to approve consent agenda items 4A; 4D; 4F; 4G; 4H; 4I; to withdraw item 4J; to table item 4K to the February 3, 2009 City Council meeting; 4L; and 4M. Motion: Stansell Second: Muller Vote on Items 4A; 4D; 4F; 4G; 4H; 4I; to withdraw item 4J; to table item 4K to the February 3, 2009 City Council meeting; and 4M: Ayes: Hill, Jones, Muller, Muzyka, Stansell, Terrell Nays: None Approved: 6-0 Vote on Item 4L: Ayes: Hill, Jones, Muzyka, Stansell, Terrell Nays: Muller Approved: 5-1 REGULAR AGENDA: Agenda Item No. 5. Public Forum. Mayor Pro Tem Terrell opened the public forum. Greg Holm, 1345 Ten Bar Court, Southlake, Texas spoke to Council regarding the placement of a cattle feeder next to his property/fence line. Kenneth Horne, 1215 Ashmoore Court, Southlake, Texas thanked the Council for continuing to recognize Martin Luther King, Jr. Day as a City holiday. Mayor Pro Tem Terrell closed the public forum. nd Agenda Item No. 6A. Ordinance No. 951, 2 Reading Amending Chapter 2, "Administration" of the Southlake City Code (1996), as amended, to establish The Department of Information Technology to be headed by the Director of Information Technology.Mayor Pro Tem Terrell introduced this item. In accordance with Section 4.21 of the City Charter, the caption for this item is listed as follows: AN ORDINANCE AMENDING CHAPTER 2, "ADMINISTRATION" OF THE SOUTHLAKE CITY CODE (1996), AS AMENDED, TO ESTABLISH THE DEPARTMENT OF INFORMATION TECHNOLOGY; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; AND PROVIDING AN EFFECTIVE DATE. No one spoke during the public hearing. nd Motion was made to approve Ordinance No. 951, 2 Reading Amending Chapter 2, "Administration" of the Southlake City Code (1996), as amended, to establish The UNOFFICIAL REGULAR CITY COUNCIL MEETING MINUTES, JANUARY 20, 2009 Page 4 of 9 Department of Information Technology to be headed by the Director of Information Technology. Motion: Stansell Second: Muzyka Ayes: Hill, Jones, Muller, Muzyka, Stansell, Terrell Nays: None Approved: 6-0 nd Agenda Item No. 6B. Ordinance No. 952, 2 Reading, Approve a ban of the use of handheld wireless communication devices in active school zones. Mayor Pro Tem Terrell introduced this item. Chief Finn addressed Council’s questions regarding current State legislation considerations. In accordance with Section 4.21 of the City Charter, the caption for this item is listed as follows: AN ORDINANCE OF THE CITY OF SOUTHLAKE, TEXAS AMENDING THE SOUTHLAKE CODE OF ORDINANCES, AS AMENDED, BY AMENDING CHAPTER 18 “TRAFFIC AND VEHICLES,” BY ADDING A NEW SECTION TO ARTICLE I, “USE OF HAND-HELD COMMUNICATIONS DEVICES PROHIBITED IN SCHOOL ZONES” MAKING IT AN OFFENSE FOR MOTORISTS TO USE HAND-HELD COMMUNICATIONS DEVICES WHILE DRIVING IN AN ACTIVE SCHOOL ZONE; DEFINING TERMS; PROVIDING DEFENSES; PROVIDING FOR ENFORCEMENT BY THE POLICE DEPARTMENT; 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. No one spoke during the public hearing. nd Motion was made to approve Ordinance No. 952, 2 Reading, Approve a ban of the use of handheld wireless communication devices in active school zones. Motion: Hill Second: Muzyka Ayes: Hill, Jones, Muller, Muzyka, Stansell, Terrell Nays: None Approved: 6-0 Agenda Item No. 6C. ZA08-080, Site Plan for Southlake Regional Medical Center on property being legally described as the remainder of Block 1, Brightbill Addition, and being Tracts 3E1A, 3E1B and 3E1C, Larkin H. Chivers Survey, Abstract No. 300. The property is located at 440 East Highland Street and 335 East State Highway 114. Current Zoning: S-P-2 Generalized Site Plan District. SPIN Neighborhood #11. Director Baker presented this item in conjunction with item 6D. Applicant Dr. Reid Williams with LandPlan Development, 5400 Dallas Parkway, Frisco, Texas made a presentation and answered Council’s questions. Architect Fernando Andrade answered Council’s questions. UNOFFICIAL REGULAR CITY COUNCIL MEETING MINUTES, JANUARY 20, 2009 Page 5 of 9 No one spoke during the public hearing. Motion was made to approve ZA08-080, Site Plan for Southlake Regional Medical Center subject to the applicant’s presentation at this meeting and at the previous meeting; subject to the agreements that have been set out; and subject to Site Plan Review Summary No. 7, dated January 13, 2009. Motion: Jones Second: Hill Ayes: Hill, Jones, Muller, Muzyka, Stansell, Terrell Nays: None Approved: 6-0 Agenda Item No. 6D. ZA08-104, Plat Revision for Lots 1 - 5, Block 1, Southlake Regional Medical Center being a replat of property currently described as the remainder of Block 1, Brightbill Addition, and being Tracts 3E1A, 3E1B and 3E1C, Larkin H. Chivers Survey, Abstract No. 300 and being located at 440 East Highland Street and 335 East State Highway 114. Current Zoning: S-P-2 Generalized Site District. SPIN Neighborhood #11. Director Baker presented this item in conjunction with item 6C. Applicant Dr. Reid Williams with LandPlan Development, 5400 Dallas Parkway, Frisco, Texas made a presentation and answered Council’s questions. Motion was made to approve ZA08-104, Plat Revision for Lots 1 - 5, Block 1, Southlake Regional Medical Center subject to Plat Review Summary No. 1, dated November 14, 2008. Motion: Jones Second: Muzyka Ayes: Hill, Jones, Muller, Muzyka, Stansell, Terrell Nays: None Approved: 6-0 Agenda Item No. 6E. Resolution No. 09-003, (ZA08-117), Specific Use Permit for Kroger Valentine’s Day tent sale on property being described as Lot 3, Block 1, Village Center Addition and being located at 2110 East Southlake Boulevard. Current Zoning: C3 General Commercial District. SPIN Neighborhood #8. Director Baker presented this item to Council. Applicant David Blasingame, 2110 East Southlake Boulevard, Southlake, Texas, answered Council’s questions. 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, GRANTING A SPECIFIC USE PERMIT FOR A TENT FOR THE PURPOSE OF PROMOTING RETAIL SALES ON PROPERTY WITHIN THE CITY OF SOUTHLAKE, TEXAS, LOCATED AT 2110 EAST SOUTHLAKE BOULEVARD, BEING LEGALLY DESCRIBED AS A PORTION OF LOT 3, BLOCK 1, VILLAGE CENTER ADDITION, PHASE 1, MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT “A”, AND AS DEPICTED ON THE APPROVED SITE EXHIBIT ATTACHED HERETO AND INCORPORATED HEREIN AS EXHIBIT “B” AND PROVIDING AN EFFECTIVE DATE. UNOFFICIAL REGULAR CITY COUNCIL MEETING MINUTES, JANUARY 20, 2009 Page 6 of 9 No one spoke during the public hearing. Motion was made to approve Resolution No. 09-003, (ZA08-117), Specific Use Permit for Kroger Valentine’s Day tent sale as presented. Motion: Stansell Second: Muzyka Ayes: Jones, Muzyka, Stansell, Terrell Nays: Hill, Muller Approved: 4-2 Deputy Mayor Pro Tem Jones recused himself from the next agenda item and left the Chambers after filing a conflict of interest form with the City Secretary. st Agenda Item No. 7A.Ordinance No. 480-187b, 1 Reading (ZA08-109), Zoning Change and Site Plan for The Spanish Schoolhouse at the 280 Sports Complex on property being described asLot 2R, Block B, Commerce Business Park Addition and being located at 280 Commerce Street. Current Zoning: S-P-1 Detailed Site Plan District. Requested Zoning: S-P-1 Detailed Site Plan District. SPIN Neighborhood #7. Deputy Director Killough presented this item and answered Council’s questions. Applicants Kevin and Christi Abercrombie gave a presentation and answered Council’s questions. Council discussed this request. After discussion, the Abercrombie’s asked to table this item to allow further evaluation. st Motion was made to table Ordinance No. 480-187b, 1 Reading (ZA08-109), Zoning Change and Site Plan for The Spanish Schoolhouse at the 280 Sports Complex to the February 3, 2009 City Council meeting. Motion: Stansell Second: Muller Ayes: Hill, Muller, Muzyka, Stansell, Terrell Nays: None Tabled: 5-0 st Agenda Item No. 7B. Ordinance No. 480-197a, 1 Reading (ZA08-111), Zoning Change and Site Plan for Snow’s Gymnastics Center on property being described as Lot 9, J.G. Allen No. 18 Addition and being located at 401 and 407 South Pearson Lane. Current Zoning: S-P-1 Detailed Site Plan District. Requested Zoning: S-P-1 Detailed Site Plan District. SPIN Neighborhood #15. Deputy Director Killough presented this item to Council. Applicant Debbie Snow, 404 South Pearson Lane, Southlake, Texas answered Council’s questions. st Motion was made to approve Ordinance No. 480-197a, 1 Reading (ZA08-111), Zoning Change and Site Plan for Snow’s Gymnastics Center noting the Planning and Zoning Commission’s requirement that a sidewalk be installed at the time of re-platting; and subject to Site Plan Review Summary No. 1, dated December 26, 2008 which stipulates that a cross easement and joint use agreement for the parking will be provided by the applicant. UNOFFICIAL REGULAR CITY COUNCIL MEETING MINUTES, JANUARY 20, 2009 Page 7 of 9 Motion: Stansell Second: Muzyka Ayes: Hill, Muller, Muzyka, Stansell, Terrell Nays: None Approved: 5-0 Deputy Mayor Pro Tem Jones rejoined the meeting. Agenda Item No. 9A. This item intentionally left blank. Agenda Item No. 9B. Consider a budget amendment for the Bicentennial Park project. Interim Director Tribble presented this item to Council and answered questions. Council discussed this item. Although this item was not a public hearing, Mayor Pro Tem Terrell allowed the public to speak. Karen Antala, 240 Green Oaks Lane, Southlake, Texas spoke in support. Kai Fischer, 602 Bordeaux Drive, Southlake, Texas spoke in support. Mike McClanahan, 306 Quail Court, Southlake, Texas spoke in support. Motion was made to approve a budget amendment for the Bicentennial Park project with the addition of an 8-foot Cedarcrete fence, and with the addition at the batting cages to be upgraded as described by staff with approximately $12,000 added with the stipulation that matching funds be obtained as described towards that aspect of the project. Motion: Jones Second: Muller Ayes: Hill, Jones, Muller, Muzyka, Stansell, Terrell Nays: None Approved: 6-0 Agenda Item No. 11. Meeting adjourned. Mayor Pro Tem Terrell adjourned the meeting at 9:42 p.m. *An audio recording of this meeting will be permanently retained in the City Secretary’s Office. ______________________________ John Terrell Mayor Pro Tem UNOFFICIAL REGULAR CITY COUNCIL MEETING MINUTES, JANUARY 20, 2009 Page 8 of 9 ATTEST: ______________________________ Lori Payne, TRMC City Secretary UNOFFICIAL REGULAR CITY COUNCIL MEETING MINUTES, JANUARY 20, 2009 Page 9 of 9