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Item 4AREGULAR CITY COUNCIL MEETING MINUTES: NOVEMBER 17, 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 to the City Manager Alison Ortowski, Community Relations Officer Pilar Schank, Director of Community Services Chris Tribble, Deputy Director of Community Services Kerry McGeath, Recreation Coordinator Meredith Dowdy, Director of Economic Development Greg Last, Director of Finance Sharen Jackson, Director of Human Resources Kevin Hugman, SQL Database Administrator Sam Cobb, 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 Fire Services Mike Starr, Deputy Police Chief Rusty Daniels, Director of Public Works Robert Price, Deputy Director of Public Works Gordon Mayer, Civil Engineer Michael James, City Attorney E. Allen Taylor, City Attorney Bryn Meredith 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 5:35 p.m. Agenda Item No. 2. Invocation. Chaplain of the Month, Scott Berry, gave the invocation. Mayor Terrell led the pledge of allegiance. Mayor Terrell announced that a portion of the Mayor’s Report would be presented next. Regular Session Agenda Item No. 3A. Mayor’s Report. The Mayor and City Council took a moment to honor the parents of Karri Casner, who lost her life in Bali in 2002 by a terrorist bombing. Councilmember Muller presented Mr. and Mrs. Casner with a photograph of the tree dedication ceremony that was held on November 14, 2009 in Karri’s honor. UNOFFICIAL REGULAR CITY COUNCIL MEETING MINUTES, NOVEMBER 17, 2009 Page 1 of 7 Agenda Item No. 3A. Southlake 2030 Plan – Carroll Independent School District student’s recommendations. Planner Comstock introduced this item to Council. Principal Mike Rhodes from Carroll Senior High School thanked staff ,the Mayor and Council for giving his students the opportunity to work on this project. Students West Hardin, Victoria Shaw, Zac Friske, and Forrest Chevaillier presented their recommendations to the Council. Agenda Item No. 4. Discuss all items on tonight’s meeting agenda. Council reviewed the consent agenda items. Items 7A and 9B were added to the consent agenda. REGULAR SESSION: Agenda Item No. 1. Call to order. The regular session of the City Council was called to order by Mayor Terrell at 6:22 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 attorney; 551.072, deliberation regarding real property; and Section 551.087, deliberation regarding economic development negotiations. City Council adjourned for Executive Session at 6:29 p.m. Executive Session began at 6:40 p.m. and ended at 8:05 p.m. Agenda Item No. 2B. Reconvene. Mayor Terrell reconvened the regular meeting at 8:16 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 No. 3B. City Manager’s Report. City Manager Yelverton introduced Assistant to the City Manager Ortowski who presented information on the 2009 Citizen’s Survey and the curbside leaf recycling program. Agenda Item No. 3C. Parks and Recreation Board Report. Board member Julie Landesberg presented this report 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 November 3, 2009 regular City Council meeting. The minutes were approved as presented. Agenda Item No. 4B.Approve artist concept of the mural for the new DPS Headquarters. Assistant City Manager / Director of Public Safety Blagg presented the concept drawing to City Council during the work session. UNOFFICIAL REGULAR CITY COUNCIL MEETING MINUTES, NOVEMBER 17, 2009 Page 2 of 7 Agenda Item No. 4C. This item was intentionally left blank. Agenda Item No. 4D. Resolution No. 09-070, Authorize the filing of a project application with the State Energy Conservation Office for an Energy Efficiency Conservation Block Grant. There was no staff presentation 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 AUTHORIZING THE FILING OF A PROJECT APPLICATION WITH THE STATE ENERGY CONSERVATION OFFICE (SECO) FOR AN ENERGY EFFICIENCY & CONSERVATION BLOCK GRANT (EECBG) FUNDED BY THE AMERICAN RECOVERY AND REINVESTMENT ACT (ARRA) FOR A LOCAL ENERGY EFFICIENT PROJECT; AUTHORIZING CRISTINA MCMURRAY, ASSISTANT TO THE DIRECTOR, TO ACT ON BEHALF OF THE CITY OF SOUTHLAKE IN ALL MATTERS RELATED TO THIS APPLICATION; AND PLEDGING THAT IF FUNDING FOR THIS PROJECT IS RECEIVED, THE CITY OF SOUTHLAKE WILL COMPLY WITH ALL CONTRACTUAL REQUIREMENTS OF THE ARRA, THE EECBG PROGRAM AND THE STATE OF TEXAS. Agenda Item No. 4E.Approve Amendment No. 1 to a Professional Services Agreement for engineering design of the Kirkwood - Carroll Connector to Kimley Horn & Associates, Inc. in the amount of $155,050. There was no staff presentation made on this item. Agenda Item No. 4F.Resolution No. 09-065 (ZA09-042) Specific Use Permit for an accessory building for Koch Pipeline on property being described as Lot 2, Block 1, Fina Addition and being located at 2350 State Highway 26 (Ira E. Woods Avenue). Current Zoning: I2 Heavy Industrial District. SPIN Neighborhood #8. This item was administratively tabled to the December 1, 2009 City Council meeting. st Agenda Item No. 7A.Ordinance No. 965, 1 reading, Amend certain Texas Municipal Retirement System (TMRS) benefits for employees and retirees.There was no staff presentation made on this item. Agenda Item No. 9A. Consider a Commercial Developer Agreement for construction of a middle school on Kirkwood Boulevard at Blessed Way with Carroll Independent School District. There was no staff presentation made on this item. A motion was made to approve consent agenda items 4A; 4B; 4D; 4E; to table item 4F to the December 1, 2009 City Council meeting; and including items 7A and 9A. Motion: Muzyka Second: Hill Ayes: Bledsoe, Hill, Jones, Morris, Muller, Muzyka, Terrell Nays: None Approved: 7-0 UNOFFICIAL REGULAR CITY COUNCIL MEETING MINUTES, NOVEMBER 17, 2009 Page 3 of 7 REGULAR AGENDA: Agenda Item No. 5. Public Forum. Mayor Terrell opened the public hearing. No one spoke during public forum. Agenda Item No. 6A. This item was intentionally left blank. nd Agenda Item No. 6B.Ordinance No. 960, 2 Reading, Southlake 2030 Plan - Vision, Goals & Objectives. Director Baker presented the changes made by Council on first reading. In accordance with Section 4.21 of the City Charter, the caption for this item is listed as follows: AN ORDINANCE ADOPTING THE VISION, GOALS, AND OBJECTIVES OF THE SOUTHLAKE 2030 PLAN, THE CITY’S COMPREHENSIVE PLAN UPDATE. Mayor Terrell opened the public hearing. No one spoke. Mayor Terrell closed the public hearing. nd A motion was made to approve Ordinance No. 960, 2 Reading, Southlake 2030 Plan - Vision, Goals & Objectives as presented by staff. Motion: Hill Second: Morris Ayes: Bledsoe, Hill, Jones, Morris, Muller, Muzyka, Terrell Nays: None Approved: 7-0 Agenda Item No. 6C.Resolution No. 09-072 (ZA09-044) Specific Use Permit for the co- location of antennas and ancillary structures on an existing telecommunications tower on property being legally described as Lot 1, Block A, Oien Addition and being located at 3700 North White Chapel Boulevard. Current Zoning: CS Community Service District. SPIN Neighborhood #1. Planner Cortez presented this item to Council. Applicant Lisa Schmidt, 12 Arrow Head Circle, Hickory Creek, Texas answered Council’s questions 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, GRANTING A SPECIFIC USE PERMIT FOR TELECOMMUNICATIONS TOWERS, ANTENNAS, AND ANCILLARY BUILDINGS ON PROPERTY WITHIN THE CITY OF SOUTHLAKE, TEXAS, BEING LEGALLY DESCRIBED AS LOT 1, BLOCK A, OIEN ADDITION, MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT “A”, AND AS DEPICTED ON THE APPROVED CONCEPT PLAN ATTACHED HERETO AND INCORPORATED HEREIN AS EXHIBIT “B” AND PROVIDING AN EFFECTIVE DATE. Mayor Terrell opened the public hearing. No one spoke. Mayor Terrell closed the public hearing. UNOFFICIAL REGULAR CITY COUNCIL MEETING MINUTES, NOVEMBER 17, 2009 Page 4 of 7 A motion was made to approve Resolution No. 09-072 (ZA09-044) Specific Use Permit for the co-location of antennas and ancillary structures on an existing telecommunications tower on property being legally described as Lot 1, Block A, Oien Addition and being located at 3700 North White Chapel Boulevard subject to Review Summary No. 2, dated October 19, 2009 granting the requested variance and noting the applicant has agreed to look at the rust situation on the tower. Motion: Hill Second: Muzyka Ayes: Bledsoe, Hill, Jones, Morris, Muller, Muzyka, Terrell Nays: None Approved: 7-0 Agenda Item No. 6D. Resolution No. 09-073 (ZA09-047) Specific Use Permit for White's Chapel Children's Christmas Festival on property being described as Lot 1R, Block 1, White Chapel Methodist Church Addition and being located at 185 South White Chapel Boulevard. Current Zoning: CS Community Service District. SPIN Neighborhood #9. Planner Cortez presented this item to Council. Applicant Lisa Carlson, 1306 Wakefield Court, 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 MASS GATHERING FOR THE WHITE’S CHAPEL CHILDREN’S CHRISTMAS FESTIVAL, ON PROPERTY WITHIN THE CITY OF SOUTHLAKE, TEXAS, LOCATED AT 185 SOUTH WHITE CHAPEL BOULEVARD, LOCATION BEING LEGALLY DESCRIBED AS LOT 1R, BLOCK 1, WHITE CHAPEL METHODIST CHURCH ADDITION, MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT “A”, AND AS DEPICTED ON THE APPROVED SITE PLAN ATTACHED HERETO AND INCORPORATED HEREIN AS EXHIBIT “B” AND PROVIDING AN EFFECTIVE DATE. Mayor Terrell opened the public hearing. No one spoke. Mayor Terrell closed the public hearing. A motion was made to approve Resolution No. 09-073 (ZA09-047) Specific Use Permit for White's Chapel Children's Christmas Festival on property being described as Lot 1R, Block 1, White Chapel Methodist Church Addition and being located at 185 South White Chapel Boulevard granting a three (3) year approval for the Specific Use Permit as long as the gathering does not change in scope. Motion: Hill Second: Morris Ayes: Bledsoe, Hill, Jones, Morris, Muller, Muzyka, Terrell Nays: None Approved: 7-0 Councilmember Muller recused herself from item 8A and left the Council Chambers. UNOFFICIAL REGULAR CITY COUNCIL MEETING MINUTES, NOVEMBER 17, 2009 Page 5 of 7 Agenda Item No. 8A.Resolution No. 08-050A, Adopt a revised policy which establishes an economic incentive program encouraging connection in a timely manner to the city's waste water system that has been constructed via the neighborhood sewer program and/or a developer constructed project and providing for an effective date. Director Price presented this item and answered Council’s questions. 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 ADOPTING A POLICY WHICH ESTABLISHES AN ECONOMIC INCENTIVE PROGRAM ENCOURAGING CONNECTION IN A TIMELY MANNER TO THE CITY’S WASTE WATER SYSTEM THAT HAS BEEN CONSTRUCTED VIA THE NEIGHBORHOOD SEWER PROGRAM AND/OR DEVELOPER CONSTRUCTED PROJECT AND PROVIDING AN EFECTIVE DATE. A motion was made to approve Resolution No. 08-050A, Adopt a revised policy which establishes an economic incentive program encouraging connection in a timely manner to the city's waste water system that has been constructed via the neighborhood sewer program and/or a developer constructed project and providing for an effective date and approving a two (2) tier incentive system that is 100% of the incentive from date of acceptance to six (6) months and 50% of the incentive from six (6) months to one (1) year and not approving the extension to the 180-day period as presented. Motion: Hill Council continued further discussion of this item. Second: Muzyka Ayes: Bledsoe, Hill, Muzyka, Terrell Nays: Morris Approved: 4-1 Due to a technical issue, Councilmember Jones’ vote did not register so a second call for votes was taken. Ayes: Bledsoe, Hill, Jones, Muzyka, Terrell Nays: Morris Approved: 5-1 Councilmember Muller rejoined the meeting. Agenda Item No. 9B. Consider SV09-020, Variance to Sign Ordinance No. 704, as amended, for Branch Banking & Trust Co. located at 270 North Kimball Avenue. Director Baker presented this item and answered Council’s questions. Applicant Dean Krause, 2050 Grayson Drive, Grapevine, Texas with Reynolds Signs answered Council’s questions. BB&T representative Melissa Hooper, 11505 Lauren Way, Keller, Texas also answered Council’s questions. Council discussed this item. UNOFFICIAL REGULAR CITY COUNCIL MEETING MINUTES, NOVEMBER 17, 2009 Page 6 of 7 A motion was made to approve SV09-020, Variance to Sign Ordinance No. 704, as amended, for Branch Banking & Trust Co. located at 270 North Kimball Avenue requiring the applicant to remove the Colonial Bank signs within one (1) week; granting a temporary banner approval for three (3) months at which time the applicant must come back and ask for another extension if needed; and reducing the overall size of the banner to only show “BB&T” allowing for 18-inch letters. 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 9:30 p.m. *An audio recording of this meeting will be permanently retained in the City Secretary’s Office. ______________________________ John Terrell Mayor ATTEST: ______________________________ Lori Payne City Secretary UNOFFICIAL REGULAR CITY COUNCIL MEETING MINUTES, NOVEMBER 17, 2009 Page 7 of 7