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Item 4AREGULAR CITY COUNCIL MEETING MINUTES: DECEMBER 15, 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 Kerry McGeath, Recreation Superintendent Steve Moore, Community Services Intern Jonathan Scheu, Director of Economic Development Greg Last, Marketing and Tourism Coordinator Jill Cherry, Director of Finance Sharen Jackson, Assistant Director of Finance Sean Leonard, Teen Court Coordinator Kristin White, Director of Human Resources Kevin Hugman, Human Resources Supervisor Stacey Black, 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 Fire Services Mike Starr, Chief of Police Services Robert Finn, Warrant Officer Jeff Paul, Director of Public Works Robert Price, Deputy Director of Public Works Gordon Mayer, Civil Engineer Cheryl Taylor, Facility Manager Jeff Parrack, 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, David Whitington, gave the invocation. Mayor Terrell led the pledge of allegiance. Mayor Terrell announced that Council would hear Work Session Item No. 4 next. Agenda Item No. 4. Overview of new www.VisitSouthlakeTexas.com website. Marketing and Tourism Coordinator Cherry presented this item to Council. Council discussed this item. UNOFFICIAL REGULAR CITY COUNCIL MEETING MINUTES, DECEMBER 15, 2009 Page 1 of 9 Agenda Item No. 3. Keep Southlake Beautiful flag presentation (KSB President Wendi Carlucci and State Representative Vicki Truitt). Representative Truitt presented a flag to the City and was joined at the podium by President Carlucci. This flag was flown over the State Capital on September 11, 2001 and will now be placed in the new DPS Headquarters. Agenda Item No. 5. Discuss all items on tonight’s meeting agenda. Council reviewed the consent agenda items. REGULAR SESSION: Agenda Item No. 1. Call to order. The regular session of the City Council was called to order by Mayor Terrell at 6:12 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; Section 551.074, deliberation regarding personnel matters; and Section 551.087, deliberation regarding economic development negotiations. City Council adjourned for Executive Session at 6:12 p.m. Executive Session began at 6:23 p.m. and ended at 7:28 p.m. Agenda Item No. 2B. Reconvene. Mayor Terrell reconvened the regular meeting at 7:37 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 thanked Kosse Maykus, Easton Maykus, Paul Spain and Bobby Harrell for their work in renovating the Senior Center. Agenda Item No. 3A2. Mayor’s Report - Southlake Sister Cities Report. Jeff Wang presented this item to Council. Agenda Item No. 3B. City Manager’s Report. There was no report given. Agenda Item No. 3C.Library Board Report. A written report was provided in Council’s meeting packet. Agenda Item No. 3 D.Local Business Report. Director Last introduced Jack Layman who presented information on his new business, Jack’s Porch, to Council. Deputy Mayor Pro Tem Hill left the meeting. CONSENT AGENDA: Consent agenda items are considered to be routine by the City Council and are enacted with one motion. UNOFFICIAL REGULAR CITY COUNCIL MEETING MINUTES, DECEMBER 15, 2009 Page 2 of 9 Agenda Item No. 4A. Approve minutes from the December 1, 2009 regular City Council meeting. The minutes were approved as presented. Agenda Item No. 4B.Approve revisions to the policy for Naming and Renaming of Park and Recreation facilities. Director Tribble answered Council’s questions on this item during the Work Session. Council discussed this item during the Work Session. The Mayor mentioned the wording has been removed that allowed for the discussion of a naming or renaming of a park during the executive session. Council also agreed to add the example of “service to the city” under guidelines for naming and renaming, Section II. Agenda Item No. 4C. Approve revisions to the Park Use Policy regarding park hours. Director Tribble answered Council’s questions on this item during the Work Session. Agenda Item No. 4D. Approve renewal of contract with Crowley Sports Officials for sports officiating and scorekeeping services in the amount of $99,762.50. A presentation was not made on this item. Agenda Item No. 4E. Resolution No. 09-076, Appoint a Chairperson of the Board of Directors of Tax Increment Reinvestment Zone Number One for the 2010 calendar year. Council appointed Virginia M. Muzyka as the Chairperson. 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, APPOINTING A CHAIRPERSON OF THE BOARD OF DIRECTORS OF TAX INCREMENT REINVESTMENT ZONE NUMBER ONE, AND PROVIDING AN EFFECTIVE DATE. Agenda Item No. 4F. Approve Interlocal Agreement with the Cities of Grapevine and Colleyville to fund the Metroport Teen Court. A presentation was not made on this item. Agenda Item No. 4G. Authorize a professional services agreement with Weaver and Tidwell, L.L.P., for audit services. A presentation was not made on this item. Agenda Item No. 4H. Resolution No. 08-008A, Rename the Audit Committee to Audit and Finance Committee. 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 OF SOUTHLAKE, TEXAS, RENAMING THE AUDIT COMMITTEE TO AUDIT AND FINANCE COMMITTEE, AND PROVIDING AN EFFECTIVE DATE. Agenda Item No. 4I. Resolution No. 09-079, Appoint Audit and Finance Committee members. A presentation was not made on this item. Council agreed to appoint Mayor Terrell, Mayor Pro Tem Muzyka, and Councilmember Bledsoe to this Committee. 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, DECEMBER 15, 2009 Page 3 of 9 A RESOLUTION OF THE CITY OF SOUTHLAKE, TEXAS, APPOINTING MEMBERS TO THE COMMITTEE, AND PROVIDING AN EFFECTIVE DATE. Agenda Item No. 4J. Plat Extension request for ZA08-104, Plat Revision for Lots 1-5, Block 1, Southlake Regional Medical Center being a replat of property currently described as the remainder of Block 1, Brightbill Addition, and being Tracts 3E1A, 3E1B and 3E1C, Larkin H. Chivers Survey, Abstract No. 300, and being located at 440 East Highland Street and 335 East State Highway 114. Current Zoning: S-P-2 - Generalized Site District. SPIN Neighborhood #11. Request for extension to January 20, 2011. A presentation was not made on this item. Agenda Item No. 4K. ZA09-056, Plat Revision for Lots 9R, 10 and 11, A. H. Chivers No. 299 Addition, being a revision of Tract 2C5, A. H. Chivers Survey, Abstract No. 299; and Lot 9, A. H. Chivers No. 299 Addition, and being located at 1030 and 1080 Primrose Lane. Current Zoning: SF-20A – Single Family Residential District. SPIN Neighborhood #3. A presentation was not made on this item. Motion was made to approve 4A; 4B removing the wording that allowed for the discussion of a naming or renaming of a park during the executive session and adding the example of “service to the city” under Section II; 4C; 4D; 4E to appoint Virginia M. Muzyka as the Chairperson; 4F; 4G; 4H; 4I to appoint Mayor Terrell, Mayor Pro Tem Muzyka, and Councilmember Bledsoe to the Audit and Finance Committee; 4J; and 4K. 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. Joe Kienast, 1518 Main Street, Southlake, Texas suggested that City Council do something to honor and to show appreciation for Southlake Town Square visionary, Brian Stebbins. Mayor Terrell closed the public hearing. nd Agenda Item No. 6A. Ordinance No. 962, 2 Reading, Amending the adopted Master Thoroughfare Plan and Map to indicate the general roadway alignment, ultimate roadway cross section and right-of-way requirements for Kirkwood Boulevard in the vicinity of Highland Street and Carroll Avenue intersection north of State Highway 114. UNOFFICIAL REGULAR CITY COUNCIL MEETING MINUTES, DECEMBER 15, 2009 Page 4 of 9 Director Baker 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 OF THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS, FOR AMENDMENT TO THE ADOPTED MOBILITY AND MASTER THOROUGHFARE PLAN MAP TO INDICATE THE GENERAL ALIGNMENT AND AMEND THE FUNCTIONAL CLASSIFICATION OF KIRKWOOD BOULEVARD 800 FEET EAST AND WEST OF THE CARROLL KIRKWOOD INTERSECTIONAND TO BECOME EFFECTIVE UPON ITS PASSAGE AND APPROVAL. No one spoke during the public hearing. nd Motion was made to approve Ordinance No. 962, 2 Reading, Amending the adopted Master Thoroughfare Plan and Map to indicate the general roadway alignment, ultimate roadway cross section and right-of-way requirements for Kirkwood Boulevard in the vicinity of Highland Street and Carroll Avenue intersection north of State Highway 114. Motion: Jones Second: Morris Ayes: Bledsoe, Jones, Morris, Muller, Muzyka, Terrell Nays: None Approved: 6-0 nd Agenda Item No. 6B. Ordinance No. 480-465b, 2 Reading (ZA09-055), Zoning Change and Site Plan for The Offices at Noble Oaks on property being described as Lot 4, J. W. Hale No. 803 Addition, and being located at 1121 South Carroll Avenue. Current Zoning: S-P-1 - Detailed Site Plan District. Requested Zoning: S-P-1 - Detailed Site Plan District. SPIN Neighborhood #9. 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 LEGALLY DESCRIBED AS LOT 4, J.W. HALE NO. 803 ADDITION, BEING APPROXIMATELY 1.2 ACRES, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT “A” FROM “S-P-1” DETAILED SITE PLAN DISTRICT WITH LIMITED “O-1” OFFICE DISTRICT USES, TO “S-P-1” DETAILED SITE PLAN DISTRICT WITH LIMITED “O-1” OFFICE 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; 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; UNOFFICIAL REGULAR CITY COUNCIL MEETING MINUTES, DECEMBER 15, 2009 Page 5 of 9 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. 480-465b, 2 Reading (ZA09-055), Zoning Change and Site Plan for The Offices at Noble Oaks subject to staff’s presentation; subject to the recommendations of the Planning and Zoning Commission limiting the medical use to dental-only not to exceed 3,000 square feet; and subject to the Staff Report dated November 24, 2009. Motion: Jones Second: Muzyka Ayes: Bledsoe, Jones, Morris, Muller, Muzyka, Terrell Nays: None Approved: 6-0 st Agenda Item No. 7A. Ordinance No. 480-549a, 1 Reading (ZA09-059), Zoning Change and Site Plan for Invitation Park on property being described as Tracts 3B, 3B01 and a portion of 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. Director Baker presented this item to Council. Applicant Dan Bryson, 6503 Meade, Colleyville, Texas made a presentation and answered Council’s questions. Marco Martinez, 215 West College Street, Grapevine, Texas and Nels Nelson, who represented the owner’s group, also answered Council’s questions. Council discussed this item and asked questions of the representatives. Mayor Terrell allowed the public to speak. Tom Mathews, 2600 East Southlake Boulevard, Southlake, Texas said he has been working with Zena Rucker and VSS on the road agreement and confirmed that it has been very good to work with these applicants. st Motion was made to approve Ordinance No. 480-549a, 1 Reading (ZA09-059), Zoning Change and Site Plan for Invitation Park granting the requested variances; subject to staff’s presentation and the presentation and representations made by the applicant; subject to and understanding that by the next reading, the applicant has indicated they will have an agreement in place with Ms. Rucker; stating that the applicant has agreed to specifically respond to a number of questions and requests made by various City Councilmembers and understanding that they will have to be accomplished prior to the second reading and those items will need to be responded to in order to achieve approval on second reading; and subject to Site Plan Review Summary No. 3, dated December 10, 2009. Motion: Jones Second: Muzyka UNOFFICIAL REGULAR CITY COUNCIL MEETING MINUTES, DECEMBER 15, 2009 Page 6 of 9 Ayes: Bledsoe, Jones, Muller, Muzyka, Terrell Nays: Morris Approved: 5-1 st Agenda Item No. 7B. Ordinance No. 480-330c, 1 Reading (ZA09-057), Zoning Change and Site Plan for Dragon Stadium Expansion on property being described as Carroll ISD No. 6 Addition and being located at 1085 South Kimball Avenue. Current Zoning: S- P-1 – Detailed Site Plan District. Requested Zoning: S-P-1 – Detailed Site Plan District. SPIN Neighborhood #8. Planner Schell presented this item to Council. Applicants Dr. Derek Citty, 3051 Dove Road, Grapevine, Texas; John Blacker, 12801 North Central Expressway, Dallas, Texas and John Howell, 2500 Wilcrest, Houston, Texas with Carroll Independent School District answered Council’s questions. Council discussed this request. st Motion was made to approve Ordinance No. 480-330c, 1 Reading (ZA09-057), Zoning Change and Site Plan for Dragon Stadium Expansion granting the requested variances but requiring the sidewalk on the west side of Silicon Drive from the existing sidewalk back to Kimball Avenue to be constructed; subject to the applicant’s presentation; 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 Mayor Terrell called for a break at 9:56 p.m. and reconvened the meeting at 10:05 p.m. st Agenda Item No. 7C. Ordinance No. 480-558a, 1 Reading (ZA09-063), Zoning 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 Schell presented this item to Council. Applicant John Hessler, 1919 McKinney Avenue, Dallas, Texas answered Council’s questions. Council discussed this item. st Motion was made to approve Ordinance No. 480-558a, 1 Reading (ZA09-063), Zoning Change and Concept Plan for Harris Methodist Southlake subject to Staff Report dated December 9, 2009. Motion: Muzyka Second: Bledsoe Ayes: Bledsoe, Jones, Morris, Muller, Muzyka, Terrell Nays: None Approved: 6-0 UNOFFICIAL REGULAR CITY COUNCIL MEETING MINUTES, DECEMBER 15, 2009 Page 7 of 9 Agenda Item No. 9A. Consider SV09-021, Variance to Sign Ordinance No. 704, as amended, for Johnson Elementary School located at 1301 North Carroll Avenue. Director Baker presented this item to Council. Applicant Ray Collins, 2086 Bronco, Keller, Texas answered Council’s questions. Council discussed this item. Motion was made to approve SV09-021, Variance to Sign Ordinance No. 704, as amended, for Johnson Elementary School subject to the applicant’s presentation with one message per day, which will be a constant message, and will dim at dusk. Motion: Jones Second: Muzyka Ayes: Bledsoe, Jones, 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 10:25 p.m. Executive Session began at 10:30 p.m. and ended at 10:35 p.m. Agenda Item No. 2B. Reconvene. Mayor Terrell reconvened the regular meeting at 10:40 p.m. and asked if any action was necessary from Executive Session. Motion was made to extend the employment contract for the City Secretary to December 2011 as discussed in Executive Session. Motion: Muzyka Second: Jones Ayes: Bledsoe, Jones, Morris, Muller, Muzyka, Terrell Nays: None Approved: 6-0 Motion was made to extend the employment contract for the City Manager to December 2011 as discussed in Executive Session. Motion: Muzyka Second: Morris Ayes: Bledsoe, Jones, Morris, Muller, Muzyka, Terrell Nays: None Approved: 6-0 Agenda Item No. 11. Meeting adjourned. Mayor Terrell adjourned the meeting at 10:42 p.m. *An audio recording of this meeting will be permanently retained in the City Secretary’s Office. UNOFFICIAL REGULAR CITY COUNCIL MEETING MINUTES, DECEMBER 15, 2009 Page 8 of 9 ______________________________ John Terrell Mayor ATTEST: ______________________________ Lori Payne City Secretary UNOFFICIAL REGULAR CITY COUNCIL MEETING MINUTES, DECEMBER 15, 2009 Page 9 of 9