Loading...
Item 4AREGULAR CITY COUNCIL MEETING MINUTES: JULY 7, 2009 LOCATION :1400 Main Street, Southlake, Texas rd 3 Floor Training Rooms 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, 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 Ortowski, 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, Director of Economic Development Greg Last, Director of Finance Sharen Jackson, Director of Human Resources Kevin Hugman, Director of Information Technology Dale Dean, Information Technology Technician Eric Lusk, Deputy Director of Planning and Development Services Dennis Killough, Chief Building Official Paul Ward, Planner II Richard Schell, Deputy Director of Police Services Rusty Daniels, Chief of Fire Services Mike Starr, Deputy Director of Public Works Gordon Mayer, Public Works Operations Manager Chuck Kendrick, Civil Engineer Michelle McCullough, 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 5:36 p.m. Agenda Item No. 2. Invocation. Chaplain of the Month, Eric Hulet, gave the invocation. Mayor Terrell led the pledge of allegiance. Agenda Item No. 3. Discuss all items on tonight’s meeting agenda. Council reviewed the consent agenda items. Mayor Terrell closed the work session at 5:42 p.m. REGULAR SESSION: UNOFFICIAL REGULAR CITY COUNCIL MEETING MINUTES, JULY 7, 2009 Page 1 of 9 Agenda Item No. 1. Call to order. The regular session was called to order by Mayor Terrell at 5:42 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 551.071, consultation with 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 5:42 p.m. Executive Session began at 5:55 p.m. and ended at 7:40 p.m. Councilmember Jones left the meeting at 6:35 p.m. Agenda Item No. 2B. Reconvene. Mayor Terrell reconvened the regular meeting at 7:48 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 3B. City Manager’s Report. No report was given. Agenda Item 3C. Library Board Report. A written report was provided to Council. 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 June 16, 2009 regular City Council meeting and the June 23, 2009 June Retreat with City Council. The minutes were approved as presented. Agenda Item No. 4B. Approve SPDC Matching Funds request from Southlake Historical Society in the amount of $2,500 for furnishings for the log cabin. A presentation was not made on this item. Agenda Item No. 4C. Approve SPDC Matching Funds request from Bob Jones Nature Center organization in the amount of $550 to purchase benches for the nature center patio. A presentation was not made on this item. Agenda Item No. 4D. Approve a professional services agreement in the amount of $90,000 with Jacobs Engineering Group for expanded engineering and design on the F.M. 1709 medians project. A presentation was not made on this item. Agenda Item No. 4E. Approve an interlocal agreement for residential water and wastewater service connection to Grapevine with the City of Grapevine. A presentation was not made on this item. UNOFFICIAL REGULAR CITY COUNCIL MEETING MINUTES, JULY 7, 2009 Page 2 of 9 Agenda Item No. 4F. Reject all bids for construction of the Quail Creek Neighborhood Sewer project. A presentation was not made on this item. Agenda Item No. 4G. Approve an annual agreement with Premier Chemicals, LLC to provide odor control treatment at lift stations. A presentation was not made on this item. Agenda Item No. 4H. Approve amendment No. 3 to the existing Professional Services Agreement for design services for the East Dove Road drainage improvements with Teague Nall and Perkins, Inc. in the amount of $18,900. A presentation was not made on this item. Agenda Item No. 4I. Resolution No. 09-042, Appoint members to the Wayfinding Sign Committee of the Southlake 2030 Plan. Council appointed Councilmembers Morris and Muller to this Committee. 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 MEMBERS TO A WAYFINDING SIGN COMMITTEE; AND PROVIDING AN EFFECTIVE DATE. nd Agenda Item No. 4J. Ordinance No. 956, 2 Reading, Appoint a Municipal Judge and authorize the Mayor to execute an agreement with the Municipal Judge and provide an effective date. This item has been tabled to the July 21, 2009 City Council meeting. Motion was made to approve consent agenda items 4A; 4B; 4C; 4D; 4E; 4F; 4G; 4H; 4I to appoint Councilmembers Carolyn Morris and Pamela A. Muller; and to table 4J to the July 21, 2009 City Council meeting. Motion: Morris Second: Hill 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 forum. Mayor Terrell announced Item 9A would be heard next. Agenda Item No. 9A.Consider a variance to the Masonry Ordinance No. 557-A for portable buildings at Johnson Elementary School being described as Lot 13, F. Throop No. 1511 Addition and being located at 1301 North Carroll Avenue. Planner Schell presented this item to Council. Applicant Dr. Derek Citty, Assistant Superintendent with Carroll Independent School District, 3051 Dove Road, Grapevine, Texas answered Council’s questions. No one spoke during the public hearing. UNOFFICIAL REGULAR CITY COUNCIL MEETING MINUTES, JULY 7, 2009 Page 3 of 9 Motion was made to approve a variance to the Masonry Ordinance No. 557-A for portable buildings at Johnson Elementary School being described as Lot 13, F. Throop No. 1511 Addition and being located at 1301 North Carroll Avenue. Motion: Muzyka Second: Hill Ayes: Bledsoe, Hill, Morris, Muller, Muzyka, Terrell Nays: None Approved: 6-0 nd Agenda Item No. 6A. Ordinance No. 704-D, 2 Reading, Amendment to Sign Ordinance No. 704-C, as amended. Deputy Director Killough presented this item and answered Council’s questions. City Attorney Sralla 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. 704-C, THE COMPREHENSIVE ORDINANCE REGULATING SIGNS WITHIN THE CITY LIMITS OF SOUTHLAKE, TEXAS; PROVIDING A TITLE; PROVIDING FOR PURPOSE AND INTENT FOR THE ADOPTION OF THIS ORDINANCE; PROVIDING FOR AMENDED DEFINITIONS; PROVIDING FOR APPLICABILITY; PROVIDING FOR STANDARDS FOR TEMPORARY AND PERMANENT SIGNS; PROVIDING FOR STANDARDS FOR SIGNS REQURING PERMITS AND NOT REQURING PERMITS; PROHIBITING CERTAIN SIGNS; PROVIDING FOR EXEMPT SIGNS; PROVIDING FOR REQUIREMENTS FOR MASTER SIGN PLANS; ALLOWING NONCOMMERCIAL (IDEOLOGICAL) COPY ON SIGNS; PROVIDING FOR ADMINISTRATION AND ENFORCEMENT; PROVIDING FOR THE ISSUANCE AND REVOCATION OF SIGN PERMITS; PROVIDING FOR THE REMOVAL OF SIGNS; PROVIDING FOR APPEALS AND VARIANCES; 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. 704-D, 2 Reading, Amendment to Sign Ordinance No. 704-C, as amended, following the discussion tonight that stand-up parking signs will no longer be allowed unless the applicant gets an administrative permit issued through the Planning and Development Services Department and stating that it will be limited to the colors of black lettering and white background, and allowing curb painting but it will be limited according to tonight’s presentation which was one sign per 25 spaces but not less than two per tenant and will also be limited to the colors of black lettering and white background. Motion: Hill UNOFFICIAL REGULAR CITY COUNCIL MEETING MINUTES, JULY 7, 2009 Page 4 of 9 Second: Muzyka Ayes: Bledsoe, Hill, Morris, Muller, Muzyka, Terrell Nays: None Approved: 6-0 nd Agenda Item No. 6B. Ordinance No. 480-586, 2 Reading (ZA09-016), Zoning Change and Concept Plan for 1080 Primrose Lane on property being described as Tract 2C4A, Absolom H. Chivers Survey, Abstract No. 299. Current Zoning: AG Agricultural District and SF-1A Single Family Residential District. Requested Zoning: SF-20A Single Family Residential District. SPIN Neighborhood #3. Planner Schell 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; GRANTING A ZONING CHANGE ON A CERTAIN TRACT OR TRACTS OF LAND WITHIN THE CITY OF SOUTHLAKE, TEXAS, BEING APPROXIMATELY 0.34 ACRES SITUATED IN THE ABSOLOM H. CHIVERS SURVEY, ABSTRACT NO. 299, TRACT 2C4A, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "AG" AGRICULTURAL TO "SF-20A" SINGLE FAMILY RESIDENTIAL AS DEPICTED UPON THE CONCEPT PLAN ATTACHED HERETO AS EXHIBIT “B” AND 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. nd Motion was made to approve Ordinance No. 480-586, 2 Reading (ZA09-016), Zoning Change and Concept Plan for 1080 Primrose Lane requiring that no water service or certificate of occupancy be permitted before the sanitary sewer is available and subject to Plat Review Summary No. 2, dated May 22, 2009 and subject to Revised Concept Plan Review Summary No. 1, dated June 30, 2009. Motion: Hill Second: Muzyka Ayes: Bledsoe, Hill, Morris, Muller, Muzyka, Terrell Nays: None Approved: 6-0 nd Agenda Item No. 6C. Ordinance No. 480-587, 2 Reading (ZA09-020), Zoning Change and Concept Plan for 2000 Shady Oaks Drive on property being legally described as UNOFFICIAL REGULAR CITY COUNCIL MEETING MINUTES, JULY 7, 2009 Page 5 of 9 Lot C, Block 1, Old Orchard Country Estates. Current Zoning: SF-1A Single Family Residential District. Proposed Zoning: SF-2 Single Family Residential District. SPIN Neighborhood #5. Deputy Director Killough presented this item to Council. Keith Hamilton, 8241 Mid-Cities Boulevard, North Richland Hills, Texas represented the applicant and 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 LOT C, BLOCK 1, OLD ORCHARD COUNTRY ESTATES, SOUTHLAKE, TARRANT COUNTY, TEXAS BEING APPROXIMATELY 4.58 ACRES AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT “A” FROM “SF-1A” SINGLE-FAMILY RESIDENTIAL DISTRICT TO “SF-2” 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. nd Motion was made to approve Ordinance No. 480-587, 2 Reading (ZA09-020), Zoning Change and Concept Plan for 2000 Shady Oaks Drive subject to the Concept Plan Review Summary No. 1, dated May 27, 2009. Motion: Hill Second: Muzyka Ayes: Bledsoe, Hill, Morris, Muller, Muzyka, Terrell Nays: None Approved: 6-0 nd Agenda Item No. 6D. Ordinance No. 480-579, 2 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. The originally requested zoning was SF-20A Single Family Residential District. The amended requested zoning is SF-30 Single Family Residential District. SPIN Neighborhood #10. Planner Schell presented this item to Council. 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, JULY 7, 2009 Page 6 of 9 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 APPROXIMATELY 0.67 ACRES SITUATED IN HIRAM GRANBERRY SURVEY, ABSTRACT NO. 581, TRACT 3E, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "AG" AGRICULTURAL TO "SF-30" SINGLE FAMILY RESIDENTIAL AS DEPICTED UPON THE CONCEPT PLAN ATTACHED HERETO AS EXHIBIT “B” AND 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. nd Motion was made to approve Ordinance No. 480-579, 2 Reading (ZA08-062), Zoning Change and Concept Plan for 520 South White Chapel Boulevard subject to the applicant’s acceptance that the northern boundary will remain evergreen shrubs and will not have wooden fencing and subject to Revised Concept Plan Review Summary No. 2, dated June 30, 2009. Motion: Hill Second: Muzyka Ayes: Bledsoe, Hill, Morris, Muller, Muzyka, Terrell Nays: None Approved: 6-0 Agenda Item No. 6E. ZA09-023, Revised Site Plan for Wildwood American Grill (fka Southlake Tavern) on property described as Lot 5R, Block 2, Gateway Plaza Phase II, and located at 2700 East Southlake Boulevard. Current Zoning: S-P-2 Generalized Site Plan District. SPIN Neighborhood #8. Deputy Director Killough presented this item to Council. Applicant Dave Garner, 502 Morningside Drive, Southlake, Texas answered Council’s questions. Mayor Terrell opened the public hearing. The owner’s legal representative, Tommy Mann, 5400 Renaissance Tower, Dallas, Texas, spoke regarding the deletion of the sidewalk requirement pursuant to State law. Mayor Terrell closed the public hearing. UNOFFICIAL REGULAR CITY COUNCIL MEETING MINUTES, JULY 7, 2009 Page 7 of 9 Motion was made to approve ZA09-023, Revised Site Plan for Wildwood American Grill (fka Southlake Tavern) approving the color boards and drawings as presented and granting the variance to the sidewalk requirement. Motion: Hill Second: Muzyka Ayes: Bledsoe, Hill, Morris, Muller, Muzyka, Terrell Nays: None Approved: 6-0 st Agenda Item No. 7A. Ordinance No. 954, 1 Reading, Approve a speed limit on State Highway 114 from the Southlake-Westlake boundary to the Southlake-Grapevine boundary. Deputy Director Mayer presented this item to Council. Prior to the start of the meeting, Deputy Director Mayer stated that TxDOT amended their request to include only the two speed limits of 40 mph and 45 mph on the east bound route (instead of three different speeds). Council discussed this item. st Motion was made to approve Ordinance No. 954, 1 Reading, Approve a speed limit on State Highway 114 from the Southlake-Westlake boundary to the Southlake-Grapevine st boundary approving on 1 Reading the amended request from TxDOT and requesting nd documentation on 2 Reading showing the speed limits from Westlake all the way to Grapevine. Motion: Hill Second: Muzyka Ayes: Bledsoe, Hill, Morris, Muller, Muzyka, Terrell Nays: None Approved: 6-0 Mayor Terrell announced City Council would be going into Executive Session pursuant to the Texas Government Code Section 551.074, deliberation regarding personnel matters. City Council adjourned for Executive Session at 8:55 p.m. Executive Session began at 9:00 p.m. and ended at 9:15 p.m. Mayor Terrell reconvened the meeting 9:15 p.m. Agenda Item No. 8A. Resolution No. 09-041, Appoint a member to the Zoning Board of Adjustment to fill an unexpired term. Mayor Terrell introduced this item. Council moved Michael Forman from Place 8, Alternate 3 to Place 1 with a term ending May 2010 and appointed Michael Mills to the aforementioned Place 8, Alternate 3 position with a term ending May 2010. Motion was made to approve Resolution No. 09-041, Appoint a member to the Zoning Board of Adjustment to fill an unexpired term to appoint Michael Forman to Place 1 with a term ending May 2010 and to appoint Michael Mills to Place 8, Alternate 3 with a term ending May 2011. Motion: Muzyka Second: Hill UNOFFICIAL REGULAR CITY COUNCIL MEETING MINUTES, JULY 7, 2009 Page 8 of 9 Ayes: Bledsoe, Hill, Morris, Muller, Muzyka, Terrell Nays: None Approved: 6-0 Agenda Item No. 11. Meeting adjourned. Mayor Terrell adjourned the meeting at 9:15 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, JULY 7, 2009 Page 9 of 9