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2009-09-01 CITY OF SOUTH LAKE TEXAS REGULAR CITY COUNCIL MEETING MINUTES: SEPTEMBER 1.2009 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, 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 Kari Happold, Deputy Director of Community Services Kerry McGeath, Recreation Superintendent Steve Moore, Director of Economic Development Greg Last, Marketing and Tourism Coordinator Jill Cherry, Director of Finance Sharen Jackson, Director of Human Resources Kevin Hugman, Director of Information Technology Dale Dean, Information Technology Technician Eric Lusk, Director of Planning and Development Services Ken Baker, Chief Building Official Paul Ward, Planner II Clayton Comstock, Planner I Daniel Cortez, Chief of Police Services Robert Finn, Chief of Fire Services Mike Starr, Firefighter / Paramedic Lorin Bros, Fire Lieutenant Wade Carroll, Firefighter / Paramedic Paul Cook, Firefighter / Paramedic Jim Cox, Fire Drive / Engineer Joe Crowder, Firefighter / Paramedic Ricky Davis, Fire Lieutenant Scott Estes, Firefighter / Paramedic Ray Faglie, Firefighter / Paramedic Shane Freeman, DPS Analyst / EMS Coordinator Colleen Gilmore, Fire Driver / Engineer Terry Hankins, Fire Driver / Engineer Richard Hollis, Firefighter / Paramedic Frank Molinets, Fire Driver / Engineer Tony Peyton, Fire Driver / Engineer Ryan Sessums, Firefighter / Paramedic David Sizemore, Fire Lieutenant Marshall Urbanosky, Public Safety Officer Jeff Vogel, Fire Driver / Engineer Jason Wise, Director of Public Works Robert 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 5:39 p.m. REGULAR CITY COUNCIL MEETING MINUTES, SEPTEMBER 1, 2009 Page 1 of 10 Agenda Item No. 2. Invocation. Chaplain of the Month, Margy Gore, gave the invocation. Mayor Terrell led the pledge of allegiance. Agenda Item No. 3. FY2010 proposed budget - multi-year outlook. This item was presented and discussed later in the meeting. Agenda Item No. 4. Discuss all items on tonight's meeting agenda. Council reviewed the consent agenda items. Item 7A was added to the Consent Agenda. Mayor Terrell closed the work session at 5:56 p.m. REGULAR SESSION: Agenda Item No. 1. Call to order. The regular session of the City Council was called to order by Mayor Terrell at 5:56 p.m. Aqenda 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 city attorney; 551.072, deliberation regarding real property; and Section 551.087, deliberation regarding economic development negotiations. City Council adjourned for Executive Session at 5:56 p.m. Executive Session began at 6:18 p.m. and ended at 7:12 p.m. Aqenda 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, including information on National Preparedness Month. Agenda Item No. 3A2. Special recognition of Girl Scout Troop 4025 members for receiving Presidential Volunteer Service Awards. Mayor Terrell introduced LizAnn Cundall who spoke about the Troop members' volunteer service. Mayor Terrell presented the following Girl Scouts with letters of thanks: Nicole Choate, Ruthie Johnson, Peyton Roennau, Ciara McMurray, Amy Turner, Kiana Truesdale, LeeAnn Rasmussen, Sonja Loy, Shelby Brown, Jasmine Horne, Lizzie Kemins, Kat Swearingen, Courtney Cundall, and Elissa Dunlap. Agenda Item No. 3A3. Proclamation for Polycystic Kidney Disease Awareness Month. Councilmember Morris presented information pertaining to the PKD Walk on September 26, 2009. Mayor Terrell presented proclamations to Carolyn McLean and Lauren MacMillan. Agenda Item No. 3B. City Manager's Report. A report was not given. REGULAR CITY COUNCIL MEETING MINUTES, SEPTEMBER 1, 2009 Page 2 of 10 Agenda Item No. 3C. Library Board Report. A written report was provided to Council. Councilmember Morris thanked the staff, Library Board and volunteers for their hard work. She said she was very impressed on the information provided regarding use and volunteer rates. CONSENT AGENDA: Consent agenda items are considered to be routine by the City Council and are enacted with one motion. Council added item 7A to the consent agenda. Agenda Item No. 4A. Approve minutes from the August 18, 2009 regular City Council meeting. The minutes were approved as presented. Agenda Item No. 4B. This item was intentionally left blank. Agenda Item No. 4C. Approve Ground and Water Tower Leases for Bicentennial and Florence water towers with Clearwire. A presentation was not made on this item. Agenda Item No. 4D. Approve Change Order No. 2 for additional water line and storm drain_ improvements to the existing construction contract for Dove Road Intersection and Drainage Improvements with Quality Excavation, Ltd. in the amount of $240,943.27. A presentation was not made on this item. Agenda Item No. 4E. Approve Change Order No. 1 for electrical modifications to the existinq construction contract for the Wholesale Meter Station Improvements with Legacy Contracting, LP in the amount of $53,331.64. A presentation was not made on this item. Agenda Item No. 4F. Resolution No. 09-053, Electing to participate in the PARS Public Agencies Post-retirement Health Care Plan Trust, and designating a Plan Administrator. 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, TEXAS, ELECTING TO PARTICIPATE IN THE PARS PUBLIC AGENCIES POST- RETIREMENT HEALTH CARE PLAN TRUST; DESIGNATING A PLAN ADMINISTRATOR; AND PROVIDING AN EFFECTIVE DATE. Agenda Item No. 4G. Ordinance No. 598-D and related exhibits, 1St Reading revising aspects of the Southlake Program for the Involvement of Neighborhoods (SPIN) neighborhood representation and replacing Ordinance No. 598-C. Assistant to the City Manager Orlowski answered Council's questions on this item during the work session. Agenda Item No. 4H. Approve a Community Events Participation Agreement with Southlake Chamber of Commerce for the 2009 Oktoberfest event. City Manager Yelverton, Director Last and Marketing and Tourism Coordinator Cherry answered Council's questions on this item during the work session. REGULAR CITY COUNCIL MEETING MINUTES, SEPTEMBER 1, 2009 Page 3 of 10 Agenda Item No. 41. ZA08-057, Plat Showing Extension for Lots 9-12, J.H. Childress No. 254 Addition on property located at 3010 Lake Drive. Current Zoning: SF-20B Single Family Residential District. SPIN Neighborhood #3. Request for extension to September 1, 2010. A presentation was not made on this item. Agenda Item No. 7A. Ordinance No. 641-A, 1St Reading, Approve revisions to the floodplain ordinance. A presentation was not made on this item. Motion was made to approve consent agenda items 4A; 4C; 4D; 4E; 4F; 4G; 4H; 41; and 7A. Motion: Muzyka Second: Hill Ayes: Bledsoe, Hill, Jones, Morris, Muller, Muzyka, Terrell Nays: None Approved: 7-0 REGULAR AGENDA: Agenda Item No. 5. Public Forum. Mayor Terrell opened the public forum. Jeff Hauser, 911 Emerald Boulevard, Southlake, Texas along with his wife, Tamara, and son, Ryan, spoke regarding a recent traffic accident involving Ryan. He discussed the completion of public sidewalks and crosswalks in Southlake. Tamara Hauser, 911 Emerald Boulevard, Southlake, Texas spoke regarding the completion of public sidewalks and crosswalks in Southlake. Ryan Sessums, President of the Southlake Fire Fighters Association Local 4243, spoke in support of recent decisions made by City administration. Council thanked Mr. Sessums and the fire fighters attending this evening's meeting for their comments and for their continued support and teamwork. Mayor Terrell closed the public forum. Councilmember Jones left the meeting during the next item. Agenda Item No. 6A. Ordinance No. 733-A, 2nd Reading, Approve a speed limit ordinance amending Section 18-80 of the Southlake City Code revising the location of school crossing zones. Director Price presented this item to Council. In accordance with Section 4.21 of the City Charter, the caption for this item is listed as follows: REGULAR CITY COUNCIL MEETING MINUTES, SEPTEMBER 1, 2009 Page 4 of 10 AN ORDINANCE AMENDING SECTION 18-80 OF THE SOUTHLAKE CITY CODE (1999), AS AMENDED BY REVISING THE LOCATION OF SCHOOL CROSSING ZONES WHICH HAVE A 20 MPH SPEED LIMIT, AND REVISING THE DESIGNATED HOURS OF THE SCHOOL ZONE; 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. Motion was made to approve Ordinance No. 733-A, 2nd Reading, Approve a speed limit ordinance amending Section 18-80 of the Southlake City Code revising the location of school crossing zones. Motion: Hill Second: Muzyka Ayes: Bledsoe, Hill, Morris, Muller, Muzyka, Terrell Nays: None Approved: 6-0 Agenda Item No. 6B. Ordinance No. 480-590 (ZA09-032), 2nd Reading, Zoning Change and Site Plan for Carroll ISD Middle School on property being described as a portion of Tract 1, a portion of Tract 2A, a portion of Tract 2131 and a portion of Tract 3, Thomas Mahan Survey, Abstract No. 1049 and being located at 1801 East Highland Street. Current Zoning: AG Agricultural. Requested Zoning: S-P-1 Detailed Site Plan District. SPIN Neighborhood #4. Director Baker presented this item to Council. CISD Representative, Dr. Derek Citty, 3051 Dove Road, Grapevine, Texas, along with consultants John Blacker with Hart, Gaugler & Associates, John Haugen with NATEX and Shane Garthoff with Garthoff Design made a presentation and answered Council's questions. Council discussed this request. 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 DESCRIBED AS A PORTION OF TRACT 1, A PORTION OF TRACT 2A, A PORTION OF TRACT 2131, AND A PORTION OF TRACT 3, THOMAS MAHAN SURVEY, ABSTRACT NO. 1049, CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS, BEING APPROXIMATELY 24.935 ACRES AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "AG" AGRICULTURAL DISTRICT TO "S-P-1" DETAILED SITE PLAN DISTRICT WITH "CS" COMMUNITY SERVICE DISTRICT USES, AS DEPICTED ON THE APPROVED SITE PLAN ATTACHED HERETO AND INCORPORATED HEREIN AS EXHIBIT "B", SUBJECT TO THE SPECIFIC REQUIREMENTS CONTAINED IN THIS ORDINANCE; REGULAR CITY COUNCIL MEETING MINUTES, SEPTEMBER 1, 2009 Page 5 of 10 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. No one spoke during the public hearing. Motion was made to approve Ordinance No. 480-590 (ZA09-032), 2nd Reading, Zoning Change and Site Plan for Carroll ISD Middle School noting the request is for S-P-1 zoning and will follow the CS uses and regulations with the exceptions as noted: height as presented, fagade / articulation as presented, off-street loading as presented, and requiring fencing to be as noted: CISD will install an 8-foot black-coated chain link fence (granting latitude on the color of the fence to the CISD Board of Trustees) and an 8-foot wood fence where noted on the plan and stating that CISD has committed to following the City's property maintenance standards that are followed by the City of Southlake and, in the future, stating that CISD has agreed that as the property next door develops any changes in fencing materials will be evaluated by all property owners and city staff and will be compatible with what is existing, and subject to Site Plan Review Summary No. 3, dated August 25, 2009 and allowing the following variances as presented: type of lighting for the athletic fields and tennis courts, maximum light intensity, maximum vertical spillover, and driveway stacking. Motion: Hill Second: Muzyka Ayes: Bledsoe, Hill, Morris, Muller, Muzyka, Terrell Nays: None Approved: 6-0 Aqenda Item No. 6C. Resolution No. 09-054 (CP09-001), Amendment to the City's Master Plan proposing a change in the Land Use Designation from Low Density Residential to Medium Density Residential, on property described as Tract 2C05, A.H. Chivers Survey, Abstract No. 299 located at 1030 Primrose Lane. Current Zoning: AG Agricultural District. Proposed Zoning: SF-20A Single-Family Residential District. SPIN Neighborhood #3. Planner Cortez presented this item in conjunction with items 6D and 6E. Applicant Paul Spain with Terra Land Management, 395 West Northwest Parkway, 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, AMENDING THE CONSOLIDATED 2005 FUTURE LAND USE PLAN, AN ELEMENT OF THE SOUTHLAKE 2025 PLAN, THE CITY'S COMPREHENSIVE MASTER PLAN. REGULAR CITY COUNCIL MEETING MINUTES, SEPTEMBER 1, 2009 Page 6 of 10 No one spoke during the public hearing. Councilmember Muller commented that while Council typically keeps SF-30 zoning next to SF-1A zoning but recognizing the fact that two adjacent property owners have not responded and one has responded in support of this request and with the transition and the uniqueness of this property, she has no trouble with this zoning change. Motion was made to approve Resolution No. 09-054 (CP09-001), Amendment to the City's Master Plan proposing a change in the Land Use Designation from Low Density Residential to Medium Density Residential on property located at 1030 Primrose Lane. Motion: Hill Second: Muzyka Ayes: Bledsoe, Hill, Morris, Muller, Muzyka, Terrell Nays: None Approved: 6-0 Agenda Item No. 6D. Resolution No. 09-055 (CP09-002), Amendment to the City's Master Plan proposing a change in the Land Use Designation from Low Density Residential to Medium Density Residential, on properties described as Tracts 2, 2B, 21301, and 2C04A, A.H. Chivers Survey, Abstract No. 299 and Lots 3 and 7, A.H. Chivers No. 299 Addition located at 1080, 1086, 1090 and 1100 Primrose Lane and 1900 North Carroll Avenue. Current Zoning: SF-20A Single Family Residential District, SF-30 Single Family Residential District and AG Agricultural District. SPIN Neighborhood #3. Planner Cortez presented this item in conjunction with items 6C and 6E. Applicant Paul Spain with Terra Land Management, 395 West Northwest Parkway, 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, AMENDING THE CONSOLIDATED 2005 FUTURE LAND USE PLAN, AN ELEMENT OF THE SOUTHLAKE 2025 PLAN, THE CITY'S COMPREHENSIVE MASTER PLAN. No one spoke during the public hearing. Motion was made to approve Resolution No. 09-055 (CP09-002), Amendment to the City's Master Plan proposing a change in the Land Use Designation from Low Density Residential to Medium Density Residential on properties located at 1080, 1086, 1090 and 1100 Primrose Lane and 1900 North Carroll Avenue. Motion: Hill Second: Muzyka Ayes: Bledsoe, Hill, Morris, Muller, Muzyka, Terrell Nays: None Approved: 6-0 REGULAR CITY COUNCIL MEETING MINUTES, SEPTEMBER 1, 2009 Page 7 of 10 Agenda Item No. 6E. Ordinance No. 480-589 (ZA09-021), 2"d Reading, Zoning Change and Concept Plan for Lots 5 and 6, Block 1, Primrose Lane, on property being described as Tract 2C5 A.H. Chivers Survey, Abstract No. 299 and being located at 1030 Primrose Lane. Current Zoning: AG Agricultural District. Requested Zoning: SF- 20A Single-Family Residential District. SPIN Neighborhood #3. Planner Cortez presented this item in conjunction with items 6C and 6D. Applicant Paul Spain with Terra Land Management, 395 West Northwest Parkway, 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: 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 DESCRIBED AS TRACT 2C05, A.H. CHIVERS SURVEY, ABSTRACT NO. 299, SOUTHLAKE, TARRANT COUNTY, TEXAS BEING APPROXIMATELY 0.986 ACRES 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. No one spoke during the public hearing. Motion was made to approve Ordinance No. 480-589 (ZA09-021), 2nd Reading, Zoning Change and Concept Plan for Lots 5 and 6, Block 1, Primrose Lane subject to Concept Plan Review Summary No. 2, dated July 10, 2009 with the variances as noted. Motion: Muzyka Second: Hill Ayes: Bledsoe, Hill, Morris, Muller, Muzyka, Terrell Nays: None Approved: 6-0 Agenda Item No. 6F. Ordinance No. 962, 1St Reading, Approving and adopting the Annual Budget for the Fiscal Year 2010 and approving the revised budget figures for the Fiscal Year 2009 and Multi-year Capital Improvements Plan. City Manager Yelverton, REGULAR CITY COUNCIL MEETING MINUTES, SEPTEMBER 1, 2009 Page 8 of 10 Director Jackson, Assistant City Manager Thatcher, Director Price, Director Tribble and Assistant City Manager / Director Blagg presented items 6F, 6G, and 6H to Council. Council discussed these items. No one spoke during the public hearing. Motion was made to approve Ordinance No. 962, 1St Reading, Approving and adopting the Annual Budget for the Fiscal Year 2010 and approving the revised budget figures for the Fiscal Year 2009 and Multi-year Capital Improvements Plan. Motion: Hill Second: Muzyka Ayes: Bledsoe, Hill, Morris, Muller, Muzyka, Terrell Nays: None Approved: 6-0 Agenda Item No. 6G. Ordinance No. 963, 1St reading, Tax Levy Ordinance. City Manager Yelverton, Director Jackson, Assistant City Manager Thatcher, Director Price, Director Tribble and Assistant City Manager / Director Blagg presented items 6F, 6G and 6H to Council. Council discussed these items. No one spoke during the public hearing. Motion was made to approve Ordinance No. 963, 1St reading, Tax Levy Ordinance. Motion: Hill Second: Muzyka Ayes: Bledsoe, Hill, Morris, Muller, Muzyka, Terrell Nays: None Approved: 6-0 Agenda Item No. 6H. Adopt the FY 2010 Crime Control and Prevention District Operating Budget and Multi-year Capital Improvements Plan. City Manager Yelverton, Director Jackson, Assistant City Manager Thatcher, Director Price, Director Tribble and Assistant City Manager / Director Blagg presented items 6F, 6G and 6H to Council. Council discussed these items. No one spoke during the public hearing. Motion was made to adopt the FY 2010 Crime Control and Prevention District Operating Budget and Multi-year Capital Improvements Plan. Motion: Hill Second: Muzyka Ayes: Bledsoe, Hill, Morris, Muller, Muzyka, Terrell Nays: None Approved: 6-0 REGULAR CITY COUNCIL MEETING MINUTES, SEPTEMBER 1, 2009 Page 9 of 10 Agenda Item No. 9B. Consider SV09-016, Variance to Sign Ordinance No. 704, as amended, for Alamo Title Company located at 700 East Southlake Boulevard, Suite 150. Director Baker presented this item to Council. Applicant Sandy Sidwell, 700 East Southlake Boulevard, Southlake, Texas answered Council's questions. David Flory with Willow Creek Signs, 2633 Blue Mound Road West, Haslet, Texas was also available to answer questions. Council discussed this request. Motion was made to deny SV09-016, Variance to Sign Ordinance No. 704, as amended, for Alamo Title Company located at 700 East Southlake Boulevard, Suite 150. Motion: Hill Second: Muzyka Ayes: Bledsoe, Hill, Morris, Muller, Muzyka, Terrell Nays: None Approved: 6-0 (to deny) Agenda Item No. 11. Meeting adjourned. Mayor Terrell adjourned the meeting at 9:53 p.m. *An audio recording of this meeting will be permanently retained in the City Secretary's Office. John Terre Mayor ATTEST: Lori Payne ° N e • City Secretary r REGULAR CITY COUNCIL MEETING MINUTES, SEPTEMBER 1, 2009 Page 10 of 10