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Item 4AREGULAR CITY COUNCIL MEETING MINUTES: JULY 21, 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, 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, Assistant Director of Finance Sean Leonard, Municipal Court Judge Carol Montgomery, Municipal Court Supervisor Leah Huff, 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, Planner II Richard Schell, Chief of Police Services Robert Finn, Chief of Fire Services Mike Starr, Director of Public Works Robert Price, Deputy Director of Public Works Gordon Mayer, Civil Engineer Michelle McCullough, Civil Engineer Cheryl Taylor, City Attorney E. Allen Taylor, and Deputy City Secretary Tara Brooks. 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, David Whitington, gave the invocation. Mayor Terrell led the pledge of allegiance. Agenda Item No. 3. Post event briefing – Stars & Stripes. Deputy Director Happold presented this item and answered Council’s questions. Agenda Item No. 4. Landscape plan for F.M. 1709 median project. Director Tribble presented this item and answered Council’s questions. Agenda Item No. 5. Discuss all items on tonight’s meeting agenda. Council reviewed the consent agenda items. UNOFFICIAL REGULAR CITY COUNCIL MEETING MINUTES, JULY 21, 2009 Page 1 of 9 Mayor Terrell closed the work session at 6:06 p.m. REGULAR SESSION: Agenda Item No. 1. Call to order. The regular session was called to order by Mayor Terrell at 6:06 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 6:06 p.m. Executive Session began at 6:32 p.m. and ended at 6:41 p.m. Agenda Item No. 2B. Reconvene. Mayor Terrell reconvened the regular meeting at 7:12 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 welcomed Boy Scout Troops 168 and 928 to the meeting. Agenda Item No. 2. Pink Out Day. Mayor Terrell introduced Amy Moan, a senior at Carroll High School, who presented her desire for a CISD and City “Pink Out Day” on October 16, 2009. Agenda Item 3B. City Manager’s Report. No report was given. Agenda Item 3C. Southlake Arts Council. 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 July 7, 2009 regular City Council meeting. The minutes were approved as presented. Agenda Item No. 4B. Excuse absences of a Planning and Zoning Commission member. Mayor Terrell introduced this item. Council agreed to excuse the absences of Commissioner Joe Lancor. Agenda Item No. 4C. Approve a Local Project Advance Funding Agreement (LPAFA) with TxDOT for funding of Safe Routes to School Project. A presentation was not made on this item. Agenda Item No. 4D. Approve a professional services agreement to provide engineering design services for the Woodland Heights Connector Road and the UNOFFICIAL REGULAR CITY COUNCIL MEETING MINUTES, JULY 21, 2009 Page 2 of 9 McPherson Branch Connector Road with Halff Associates, Inc. in the amount of $70,700. Director Price presented this item to Council during the work session. Agenda Item No. 4E. Approve renewal of contract with Aetna for employee medical and dental benefits for plan year October 1, 2009 through September 30, 2010. A presentation was not made on this item. Agenda Item No. 4F. Approve a contract with Tarrant County for tax collection. A presentation was not made on this item. st Agenda Item No. 4G. Ordinance No. 959, 1 Reading, Approve a negotiated resolution between the Atmos Cities Steering Committee (“ACSC” or “Steering Committee”) and Atmos Energy Corp., Mid-Tex Division ("Atmos Mid-Tex" or "Company") regarding the company's rate review mechanism filing in all cities exercising original jurisdiction; declare existing rates to be unreasonable; requiring the company to reimburse cities’ reasonable rate-making expenses; adopt tariffs that reflect rate adjustments consistent with the negotiated settlement and finding the rates to be set by the attached tariffs to be just and reasonable; approve Atmos' proof of revenues; adopt a savings clause; determine that this ordinance was passed in accordance with the requirements of the Texas Open Meetings Act; declare an effective date; and require delivery of this ordinance to the company and the steering committee’s legal counsel. A presentation was not made on this item. Agenda Item No. 4H. Approve naming a section of Liberty Garden in honor of Dorothy Wood. Director Tribble presented this item during the work session. Motion was made to approve consent agenda items 4A; 4B; 4C; 4D; 4E; 4F; 4G; and 4H. Motion: Muzyka Second: Jones Ayes: Bledsoe, Hill, Jones, Morris, Muller, Muzyka, Terrell Nays: None Approved: 7-0 REGULAR AGENDA: Agenda Item No. 5. Public Forum. No one spoke during the public forum. nd Agenda Item No. 6A. 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. Mayor Terrell introduced this item. 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 21, 2009 Page 3 of 9 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS, APPOINTING A MUNICIPAL JUDGE AND AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH THE MUNICIPAL JUDGE; AND PROVIDING AN EFFECTIVE DATE. No one spoke during the public hearing. nd Motion was made to approve Ordinance No. 956, 2 Reading, appointing Municipal Judge Carol Montgomery and authorizing the Mayor to execute an agreement with Judge Montgomery and provide an effective date. Motion: Hill Second: Jones Ayes: Bledsoe, Hill, Jones, Morris, Muller, Muzyka, Terrell Nays: None Approved: 7-0 nd Agenda Item No. 6B. Ordinance No. 954, 2 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. In accordance with Section 4.21 of the City Charter, the caption for this item is listed as follows: AN ORDINANCE ALTERING THE PRIMA FACIE SPEED LIMITS ESTABLISHED FOR VEHICLES UNDER THE PROVISIONS OF THE TRANSPORTAITON CODE, CHAPTER 545, SECTION 545.356, UPON THE BASIS OF AN ENGINEERING AND TRAFFIC INVESTIGATION UPON CERTAIN STREETS AND HIGHWAYS, OR PARTS THEREOF, WITHIN THE CORPORATE LIMITS OF THE CITY OF SOUTHLAKE, AS SET OUT IN THE ORDINANCE AND PROVIDING A PENALTY OF A FINE NOT TO EXCEED $500.00 FOR VIOLATION OF THIS ORDINANCE. No one spoke during the public hearing. nd Motion was made to approve Ordinance No. 954, 2 Reading, approving a speed limit of 45 miles per hour on State Highway 114 access road from the Southlake – Westlake boundary to the Southlake – Grapevine boundary. Motion: Hill Second: Muzyka Ayes: Bledsoe, Hill, Jones, Morris, Muller, Muzyka, Terrell Nays: None Approved: 7-0 nd Agenda Item No. 6C. Ordinance No. 480-ZZZ, 2 Reading, Amendment to 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. Planner Schell presented this item and answered Council’s questions. UNOFFICIAL REGULAR CITY COUNCIL MEETING MINUTES, JULY 21, 2009 Page 4 of 9 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 THE SPECIAL EXCEPTION USE REGULATIONS FOR SERVANTS OR FAMILY QUARTERS; 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. Mayor Terrell opened the public hearing. Donna Jansen, 4323 Homestead Drive, Southlake, Texas, spoke in favor of this request. Margaret Wood, 2350 Crook Lane, Southlake, Texas, spoke in favor of this request. Mayor Terrell read the names of those that wanted to record their support, but did not wish to speak: William Hutchison, 1621 Pheasant Lane, Southlake, Texas, and; Charles Wood, 2350 Crooked Lane, Southlake, Texas. Mary Hutchison, 1621 Pheasant Lane, Southlake, Texas, spoke in favor of this request. Mayor Terrell closed the public hearing. nd Motion was made to approve Ordinance No. 480-ZZZ, 2 Reading, Amendment to the Comprehensive Zoning Ordinance No. 480, Section 44.12 (1), limiting the square footage to 1,000 square feet for SF-30 and to 2,000 square feet for any lot above that. Motion: Hill Second: Muzyka Ayes: Bledsoe, Hill, Jones, Morris, Muller, Muzyka, Terrell Nays: None Approved: 7-0 Agenda Item No. 6D. Resolution No. 09-044 (ZA09-025) Specific Use Permit for Spirit Life Church International on property being legally described as Lot 1, Block C, Commerce Business Park Addition and being located at 2805 Market Loop, Suite 300. Current Zoning: I-1 Light Industrial District. SPIN Neighborhood #8. Director Baker presented this item and answered Council’s questions. Applicant, Stephen Hill, Pastor UNOFFICIAL REGULAR CITY COUNCIL MEETING MINUTES, JULY 21, 2009 Page 5 of 9 of Spirit of Life Church International, introduced himself and his church to Council, and answered the 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 SPIRIT LIFE CHURCH INTERNATIONAL ON PROPERTY WITHIN THE CITY OF SOUTHLAKE, TEXAS, LOCATED AT 2805 MARKET LOOP, BEING LEGALLY DESCRIBED AS LOT 1, BLOCK C, COMMERCE BUSINESS PARK, 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. No one spoke during the public hearing. Motion was made to approve Resolution No. 09-044 (ZA09-025) granting Specific Use Permit for Spirit Life Church International, including Concept Plan Review Summary No. 1, dated June 26, 2009 and including a reciprocal parking agreement with adjacent properties, if parking is needed or if they outgrow their parking. Motion: Hill Second: Muzyka Ayes: Bledsoe, Hill, Jones, Morris, Muller, Muzyka, Terrell Nays: None Approved: 7-0 Agenda Item No. 8A. Resolution No. 09-043, Appoint members to the Southlake 2030 Plan Committee. Mayor Terrell introduced this item and suggested members for the committee. Council discussed 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, APPOINTING MEMBERS TO THE VARIOUS SOUTHLAKE 2030 PLAN ELEMENT COMMITTEES. Motion was made approve as part of Resolution No. 09-043, on the Vision, Goals, and Objectives Committee to appoint all of the Planning and Zoning Commission members, City Council Members Morris and Councilmember Bledsoe, Park Board Member John Slocum, SPIN Member Ray Tremain, one Business Council Member to be selected at a later time and in an Ex-Officio capacity Mayor Terrell. Motion: Hill Second: Muzyka UNOFFICIAL REGULAR CITY COUNCIL MEETING MINUTES, JULY 21, 2009 Page 6 of 9 Ayes: Bledsoe, Hill, Jones, Morris, Muller, Muzyka, Terrell Nays: None Approved: 7-0 Council continued discussion of item 8A. Motion was made approve Resolution No. 09-043, to make the following appointments to the Southlake 2030 Plan Committee: Vision, Goals, and Objectives: Planning and Zoning Commission - All members City Council Members - Carolyn Morris, Brandon Bledsoe Park Board Member – John Slocum SPIN Member – Ray Tremain Ex-Officio Member – John Terrell Area Plans and Land Use Plan Element Planning and Zoning Commission - All members City Council Members - Carolyn Morris, Brandon Bledsoe Ex-Officio Member – John Terrell Economic Plan Planning and Zoning Commission - All members City Council Members – Laura K. Hill, Brandon Bledsoe Southlake Business Council - To be appointed at a later time Mobility Plan Planning and Zoning Commission - All members City Council Members - Pamela A. Muller, Virginia M. Muzyka Park Board Member – John Slocum CISD representative - To be appointed at a later time Parks, Recreation and Open Space Plan City Council Members - Carolyn Morris, Gregory Jones Park Board Members - All members Community Plan Planning and Zoning Commission - All members City Council Members - Virginia M. Muzyka, Laura K. Hill Park Board Member - To be appointed at a later time CISD representative - To be appointed at a later time Water, Sewer and Stormwater Plan Planning and Zoning Commission - All members City Council Members – Virginia M. Muzyka, Gregory Jones UNOFFICIAL REGULAR CITY COUNCIL MEETING MINUTES, JULY 21, 2009 Page 7 of 9 Sustainability Plan Planning and Zoning Commission - All members City Council Members - Pamela A. Muller, Virginia M. Muzyka Youth Plan Planning and Zoning Commission - All members City Council Members - Laura K. Hill, Carolyn Morris SPARK Member - To be appointed at a later time SYAC Member - To be appointed at a later time Wayfinding Committee City Council Member Brandon Bledsoe Motion: Hill Second: Muzyka Ayes: Bledsoe, Hill, Jones, Morris, Muller, Muzyka, Terrell Nays: None Approved: 7-0 Agenda Item No. 9A. Consider SV09-013, Variance to Sign Ordinance No. 704, as amended, for Big Inc. Corporation located at 2757 East Southlake Boulevard, Suite 100. Director Baker presented this item to Council. Applicant Mike Maric answered Council’s questions. Motion was made to approve SV09-013, variance to Sign Ordinance No. 704, as amended, for Big Inc. Corporation located at 2757 East Southlake Boulevard, Suite 100, allowing the variances as presented, including the tagline. Motion: Hill Second: Muzyka 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 8:27 p.m. *An audio recording of this meeting will be permanently retained in the City Secretary’s Office. UNOFFICIAL REGULAR CITY COUNCIL MEETING MINUTES, JULY 21, 2009 Page 8 of 9 ______________________________ John Terrell Mayor ATTEST: ______________________________ Tara Brooks Deputy City Secretary UNOFFICIAL REGULAR CITY COUNCIL MEETING MINUTES, JULY 21, 2009 Page 9 of 9