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2010-01-05 CITY OF lug SOUTHLAKE TEXAS REGULAR CITY COUNCIL MEETING MINUTES: JANUARY 5, 2010 LOCATION: 1400 Main Street, Southlake, Texas City Council Chambers CITY COUNCIL PRESENT: Mayor John Terrell, Mayor Pro Tern Virginia M. Muzyka, and Councilmembers Brandon Bledsoe, Gregory Jones, Carolyn Morris, and Pamela A. Muller. CITY COUNCIL ABSENT: Deputy Mayor Pro Tern Laura K. Hill. 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 Kerry McGeath, Director of Economic Development Greg Last, Director of Finance Sharen Jackson, Interim Director of Human Resources Stacey Black, Director of Information Technology Dale Dean, Information Technology Technician Eric Lusk, Director of Planning and Development Services Ken Baker, Planner II Clayton Comstock, Chief Building Official Paul Ward, Chief of Fire Services Mike Starr, Fire Marshal David Barnes, Emergency Management Coordinator Colleen Gilmore, Chief of Police Services Robert Finn, Deputy Chief of Police Services Rusty Daniels, Warrant Officer Jeff Paul, Director of Public Works Robert Price, Deputy Director of Public Works Gordon Mayer, Civil Engineer Michael James, Civil Engineer Cheryl Taylor, 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 Terrell at 5:34 p.m. Agenda Item No. 2. Invocation. Chaplain of the Month, Marilyn Zemba, gave the invocation. Mayor Terrell led the pledge of allegiance. Agenda Item No. 3. Presentation regardinq the Dorothy Wood Memorial Garden. Mayor Terrell introduced this item and then Councilmember Muller made a statement regarding the legacy left by Dorothy Wood. Mayor Terrell and Councilmember Muller presented a framed photograph commemorating the Memorial to Mrs. Wood's family members. REGULAR CITY COUNCIL MEETING MINUTES, JANUARY 5, 2010 Page 1 of 8 Agenda Item No. 4. Discussion: Urban Design - DFW Connector Project. Director Baker presented this item and answered Council's questions. Council discussed this item. Agenda Item No. 5. Discuss all items on tonight's meeting agenda. Council reviewed the consent agenda items. Items 8A and 8B 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 6:51 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; Section 551.072, deliberation regarding real property; and Section 551.087, deliberation regarding economic development negotiations. City Council adjourned for Executive Session at 6:51 p.m. Executive Session began at 7:11 p.m. and ended at 8:16 p.m. Agenda Item No. 2B. Reconvene. Mayor Terrell reconvened the regular meeting at 8:29 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. Assistant to the City Manager Ortowski presented information on the leaf recycling program and the citizen survey. CONSENT AGENDA: Consent agenda items are considered to be routine by the City Council and are enacted with one motion. The Mayor read the consent agenda items. Agenda Item No. 4A. Approve minutes from the December 15, 2009 regular City Council meeting. The minutes were approved as presented. Agenda Item No. 4B. Excuse a Planning and Zoning Commission member for absences from meetings. A presentation was not made on this item. Council excused the recent absences of Commissioner Michael Springer. Agenda Item No. 4C. Approve the 2010 Community Service Agreement with Apex Arts League. Director Tribble answered Council's questions regarding the Community Service agreements during the Work Session. Agenda Item No. 4D. Approve the 2010 Community Service Agreement with SafeHaven of Tarrant County. Director Tribble answered Council's questions regarding the Community Service agreements during the Work Session. REGULAR CITY COUNCIL MEETING MINUTES, JANUARY 5, 2010 Page 2 of 8 Agenda Item No. 4E. Approve the 2010 Community Service Agreement with Grapevine Relief and Community Exchange (GRACE). Director Tribble answered Council's questions regarding the Community Service agreements during the Work Session. Agenda Item No 4F Approve the 2010 Community Service Agreement with Keep Southlake Beautiful (KSB). Director Tribble answered Council's questions regarding the Community Service agreements during the Work Session. Agenda Item No. 4G. Approve the 2010 Community Service Agreement with Southlake Sister Cities. Director Tribble answered Council's questions regarding the Community Service agreements during the Work Session. Agenda Item No. 4H. Approve the 2010 Community Service Agreement with Southlake Community Band. Director Tribble answered Council's questions regarding the Community Service agreements during the Work Session. Agenda Item No. 41. Approve the 2010 Community Service Agreement with Southlake Historical Society. Director Tribble answered Council's questions regarding the Community Service agreements during the Work Session. Agenda Item No. 4J. Approve the Interlocal Agreement between NETCO and the City of Arlington for combining resources related to their public safety radio systems to meet Project 25 operating standards. Chief Finn answered Council's questions regarding this item during the Work Session. Agenda Item No. 4K. Approve the purchase of Motorola portable and mobile radios from DFW Communications in an amount not to exceed $21,882. A presentation was not made on this item. Agenda Item No. 4L. Approve the FY 2009-2010 Service Agreement with the Southlake Chamber of Commerce. Director Last answered Council's questions regarding this item during the Work Session. Alan Smith from the Southlake Chamber of Commerce also answered Council's questions during the Work Session. Agenda Item No. 4M. Resolution No. 10-002, Approve the terms and conditions of a program to promote economic development and stimulate business and commercial activity in the City; authorize the Mayor to execute an amended agreement with Southlake Land Holdings, L.P., a Texas Limited Partnership, by Southlake Land Holdings GP, L.L.C. a Texas Limited Liability Company, its General Partner for such purposes; and provide an effective date. Director Last answered Council's questions regarding this item 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 OF SOUTHLAKE, TEXAS, APPROVING THE TERMS AND CONDITIONS OF A PROGRAM TO PROMOTE ECONOMIC DEVELOPMENT AND STIMULATE BUSINESS AND COMMERCIAL ACTIVITY IN THE CITY; REGULAR CITY COUNCIL MEETING MINUTES, JANUARY 5, 2010 Page 3 of 8 AUTHORIZING THE MAYOR TO EXECUTE AN AMENDED AGREEMENT WITH SOUTHLAKE LAND HOLDINGS, L.P., A TEXAS LIMITED PARTNERSHIP, BY SOUTHLAKE LAND HOLDINGS GP, L.L.C. A TEXAS LIMITED LIABILITY COMPANY, ITS GENERAL PARTNER FOR SUCH PURPOSES; AND PROVIDING AN EFFECTIVE DATE. Agenda Item No. 4N. Resolution No. 10-003, City of Southlake Hazard Mitigation Plan "Sustainable Future for 2009-2014." 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, APPROVAL OF HAZARD MITIGATION PLAN. Agenda Item No. 40. Ordinance No. 480-549a, 2nd Reading (ZA09-059), Zoninq Change and Site Plan for Invitation Park on property being described as tracts 3B, 31301 and a portion of tract 3D01, Obediah W. Knight Survey, Abstract No. 899 and being located at 821, 825 and 835 East Southlake Boulevard. Current Zoning: S-P-1 - Detailed Site Plan District. Proposed Zoning: S-P-1 - Detailed Site Plan District. SPIN Neighborhood #9. The applicant requested to table this item to the January 19, 2010 City Council meeting. Agenda Item No. 4P. Ordinance No. 480-588 (ZA09-017), 1St Reading, Zoning Change and Site Plan for Bethel Methodist Church of Southlake on property being described as Tracts 2C26 and 2C27, J.G. Allen Survey, Abstract No. 18, and being located at 180 and 190 Jellico Circle West. Current Zoning: SF-1A - Single-Family Residential District. Requested Zoning: S-P-1 - Detailed Site Plan District. SPIN Neighborhood #11. The applicant requested to table this item to the January 19, 2010 City Council meeting. Agenda Item No. 8A. Resolution No. 10-001, Appoint representatives to the Standing Committee of the Southlake Program for the Involvement of Neighborhoods (SPIN). Council discussed this item during the Work Session. Council appointed the following SPIN members: Amy Brandt to SPIN #1 to expire May 2011; Monique Schill to SPIN #11 to expire May 2011; Randy Williamson as Alternate to SPIN #3 to expire May 2011; Barbara Schlauch as Alternate to SPIN #5 to expire May 2011; Susan Edgar Cullen as Alternate to SPIN #7 to expire May 2011; John Logan as Alternate to SPIN #8 to expire May 2012; Ned Ahearn as Alternate to SPIN #9 to expire May 2011; and James Cox as Alternate to SPIN #11 to expire May 2011. 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, PROVIDING FOR THE APPOINTMENT OF REPRESENTATIVES TO THE STANDING COMMITTEE OF THE SOUTHLAKE PROGRAM FOR THE INVOLVEMENT OF NEIGHBORHOODS (SPIN); PROVIDING AN EFFECTIVE DATE. REGULAR CITY COUNCIL MEETING MINUTES, JANUARY 5, 2010 Page 4 of 8 Agenda Item No. 8B. Resolution No. 09-078 Amend Resolution No. 07-044; create a community committee Students and Parents against Risks to our Kids (SPARK). Chief Finn answered Council's questions about this item 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, AMENDING RESOLUTION NO. 07-044; CREATING A COMMUNITY COMMITTEE, STUDENTS AND PARENTS AGAINST RISKS TO OUR KIDS (SPARK), SETTING FORTH THE PURPOSE, MEMBERSHIP, TERMS OF OFFICE, VOTING DUTIES, AND RESPONSIBILITES OF MEMBERS, ADOPTION BYLAWS, AND; ABOLISHING THE COMMUNITY TASK FORCE STUDENTS AND PARENTS AGAINST RISKS TO OUR KIDS IN SOUTHLAKE. Motion was made to approve consent agenda items 4A; 4B to excuse the recent absences of Commissioner Michael Springer; 4C; 4D; 4E; 4F; 4G; 4H; 41; 4J; 4K; 4L; 4M; 4N; to table item 40 to the January 19, 2010 City Council meeting, to table item 4P to the January 19, 2010 City Council meeting; 8A to appoint the following SPIN members: Amy Brandt to SPIN #1 to expire May 2011; Monique Schill to SPIN #11 to expire May 2011; Randy Williamson as Alternate to SPIN #3 to expire May 2011; Barbara Schlauch as Alternate to SPIN #5 to expire May 2011; Susan Edgar Cullen as Alternate to SPIN #7 to expire May 2011; John Logan as Alternate to SPIN #8 to expire May 2012; Ned Ahearn as Alternate to SPIN #9 to expire May 2011; and James Cox as Alternate to SPIN #11 to expire May 2011; and 8B. Motion: Muzyka Second: Muller Ayes: Bledsoe, Jones, Morris, Muller, Muzyka, Terrell Nays: None Approved: 6-0 REGULAR AGENDA: Agenda Item No. 5. Public Forum. Mayor Terrell opened the public forum. Kenneth Horne, 1215 Ashmoore Court, Southlake, Texas requested that City Council change the name of Summit Park in Town Square to "Brian Stebbins Park" to honor him for all of the hard work and dedication he has shown to Southlake. Mayor Terrell closed the public forum. Agenda Item No. 6A. Ordinance No. 480-330c, 2nd Reading (ZA09-057), Zoning Change and Site Plan for Dragon Stadium Expansion on property being described as Lot 1, Block 1, and Lot 1, Block 2, Carroll I.S.D. No. 6 Addition and being located at 1085 South Kimball Avenue and 601 Silicon Drive. Current Zoning: S-P-1 - Detailed REGULAR CITY COUNCIL MEETING MINUTES, JANUARY 5, 2010 Page 5 of 8 Site Plan District. Requested Zoning: S-P-1 - Detailed Site Plan District. SPIN Neighborhood #8. Planner Comstock presented this item to Council. The applicant's representative John Blacker, 12801 North Central Expressway, Dallas, 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 LEGALLY DESCRIBED AS LOT 1, BLOCK 1, AND LOT 1, BLOCK 2, CARROLL I.S.D. NO. 6 ADDITION, AND BEING 41.347 ACRES, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "S-P-1" DETAILED SITE PLAN DISTRICT WITH "CS" COMMUNITY SERVICE DISTRICT USES INCLUDING TRANSPORTATION FACILITY AND STADIUM TO "S- P-1" DETAILED SITE PLAN DISTRICT WITH "CS" COMMUNITY SERVICE DISTRICT USES INCLUDING TRANSPORTATION FACILITY AND STADIUM, AS DEPICTED ON THE APPROVED SITE 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. 480-330c, 2nd Reading (ZA09-057), Zoning Change and Site Plan for Dragon Stadium Expansion granting the requested variances but requiring a five-foot sidewalk on the west side of Silicon Drive only; requiring the additional screening fence; and subject to Site Plan Review Summary No. 4, dated December 8, 2009. Motion: Jones Second: Morris Ayes: Bledsoe, Jones, Morris, Muller, Muzyka, Terrell Nays: None Approved: 6-0 Agenda Item No. 6B. Ordinance No. 480-558a, 2nd Reading (ZA09-063), Zoninq Change and Concept Plan for Harris Methodist Southlake on property being described as Lot 1R, Block 1, Gorbutt Addition and being located at 1545 East Southlake Boulevard. Current Zoning: S-P-2 - Generalized Site Plan District. Requested Zoning: S-P-2 - Generalized Site Plan District. SPIN Neighborhood #8. Planner Comstock presented this item to Council. Applicant John Hessler, 1919 McKinney Avenue, Dallas, REGULAR CITY COUNCIL MEETING MINUTES, JANUARY 5, 2010 Page 6 of 8 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 LEGALLY DESCRIBED AS LOT 1R, BLOCK 1, GORBUTT ADDITION, BEING APPROXIMATELY 12.6339 ACRES, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "S-P-2" GENERALIZED SITE PLAN DISTRICT WITH "O-1" OFFICE DISTRICT USES AND INCLUDING THE USES OF AMBULATORY SURGERY, IMAGING CENTER, SHORT STAY BEDS, AND ASSOCIATED SERVICES TO INCLUDE MEDICAL RELATED RETAIL, SUCH AS PHARMACY AND DURABLE MEDICAL GOODS, TO "S-P-2" DETAILED SITE PLAN DISTRICT WITH "0-1" OFFICE DISTRICT USES AND INCLUDING THE USES OF AMBULATORY SURGERY, IMAGING CENTER, SHORT STAY BEDS, AND ASSOCIATED SERVICES TO INCLUDE MEDICAL RELATED RETAIL, SUCH AS PHARMACY AND DURABLE MEDICAL GOODS, 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. 480-558a, 2nd Reading (ZA09-063), Zoning Change and Concept Plan for Harris Methodist Southlake subject to the Staff Report dated December 30, 2009. Motion: Jones Second: Muzyka Ayes: Bledsoe, Jones, Morris, Muller, Muzyka, Terrell Nays: None Approved: 6-0 Agenda Item No. 6C. ZA09-053, Site Plan for Southlake Alpine Materials on property being described as Lot 5A, Brumlow Industrial District and being located at 1900 Brumlow Avenue. Current Zoning: 11 PUD - Light Industrial Planned Unit Development District. SPIN Neighborhood #9. Planner Comstock presented this item to Council. Applicants Skip Blake of Blake Architects, 1202 South White Chapel Boulevard, REGULAR CITY COUNCIL MEETING MINUTES, JANUARY 5, 2010 Page 7 of 8 Southlake, Texas and Derek Neubauer, 7504 John McCain, Colleyville, Texas made a presentation and answered Council's questions. Council discussed this request. No one spoke during the public hearing. Motion was made to approve ZA09-053, Site Plan for Southlake Alpine Materials subject to Site Plan Review Summary No. 2, dated December 23, 2009 granting the requested variance. Motion: Jones Second: Muzyka Ayes: Bledsoe, Jones, Morris, Muzyka, Terrell Nays: Muller Approved: 5-1 Agenda Item No. 10A. Discuss proposed funding plan for Log Cabin enhancements. Director Tribble presented this item to Council and answered Council's questions. Council discussed this item. Agenda Item No. 11. Meeting adjourned. Mayor Terrell adjourned the meeting at 9:25 p.m. *An audio recording of this meeting will be permanently retained in the City Secretary's Office. John Terrell Mayor ATTEST: u~ °Om u ~ w •rn~ co P Lori Payne City Secretary e REGULAR CITY COUNCIL MEETING MINUTES, JANUARY 5, 2010 Page 8 of 8