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Item 4A REGULAR CITY COUNCIL MEETING MINUTES: FEBRUARY 2, 2010 LOCATION :1400 Main Street, Southlake, Texas City Council Chambers and Executive Conference Room CITY COUNCIL PRESENT : Mayor John Terrell, Mayor Pro Tem Virginia M. Muzyka, Deputy Mayor Pro Tem Laura K. Hill (arrived at 6:34 p.m.), and Councilmembers Brandon Bledsoe, Gregory Jones, Carolyn Morris, and Pamela A. Muller (arrived at 5:22 p.m.). 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, Assistant Director of Finance Sean Leonard, Purchasing Manager Tim Slifka, 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 I Daniel Cortez, Chief of Fire Services Mike Starr, Chief of Police Services Robert Finn, Deputy Chief of Police Services Rusty Daniels, Director of Public Works Robert Price, Deputy Director of Public Works Gordon Mayer, Facilities Manager Jeff Parrack, Civil Engineer Michael James, Civil Engineer Cheryl Taylor, 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 5:14 p.m. in the Executive Conference Room. Agenda Item No. 2. Invocation. Chaplain of the Month, Eric Hulet, gave the invocation. Agenda Item No. 3. Presentation by Barker Rinker Seacat Architecture regarding the Multipurpose Facility Feasibility Study. Director Tribble made opening comments and then introduced consultants Steve Blackburn and Ken Berent who reviewed the components of the study with Council. Council discussed this study and asked questions of the consultants. The presentation concluded and the meeting was moved to the Council Chambers. UNOFFICIAL REGULAR CITY COUNCIL MEETING MINUTES, FEBRUARY 2, 2010 Page 1 of 8 Mayor Terrell reconvened the work session at 6:19 p.m. in the City Council Chambers and led the pledge of allegiance. Agenda Item No. 4. Presentation by Oncor and Clear Results of a $50,000 check for the energy savings project on the West Parking Garage. Director Price presented this item to Council. Oncor Area Manager Carlos de la Torre announced his retirement and introduced Suzan Greene who will take his place as Area Manager. Council and staff thanked Mr. de la Torre for his years of service to the City. Mr. de la Torre and Ms. Greene presented the City and Mayor Terrell with a check for $50,000 as part of the energy savings project on the West Parking Garage. Agenda Item No. 5. Council reviewed the consent agenda items. Item 9C was 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 6:34 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 6:34 p.m. Executive Session began at 7:01 p.m. and ended at 7:22 p.m. Agenda Item No. 2B. Reconvene. Mayor Terrell reconvened the regular meeting at 7:32 p.m. and asked if any action was necessary from Executive Session. No action was necessary. Agenda Item No. 3A1. - Update of upcoming meetings and events. Mayor Terrell announced upcoming meetings and events. Agenda Item No. 3B1 Bond rating meeting. This item was not discussed at this meeting. Agenda Item No. 3B2. Report Economic Development award. City Manager Yelverton congratulated Director Last and his staff as well as Plans Examiner Chuck Bloomberg for recent awards they received. Fire Services Accreditation. This item was not discussed at this meeting. UNOFFICIAL REGULAR CITY COUNCIL MEETING MINUTES, FEBRUARY 2, 2010 Page 2 of 8 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 January 19, 2010 regular City Council meeting. The minutes were approved as presented. Agenda Item No. 4B. Approve the wrecker services contract with Euless B&B Wrecker Service. A presentation was not made on this item. Agenda Item No. 4C. Approve the 2010 Community Service Agreement with ARTSNET. A presentation was not made on this item. Agenda Item No. 4D. This item was intentionally left blank. Agenda Item No. 4E. This item was intentionally left blank. Agenda Item No. 4F. This item was intentionally left blank. Agenda Item No. 4G. Approve a lighting upgrade for the East Parking Garage through Facility Solutions Group in the amount of $86,196.75. questions on this item during the work session. Agenda Item No. 4H. Approve purchase of right-of-way for North Kimball Avenue Improvements from the property at 501 North Kimball Avenue. A presentation was not made on this item. st Agenda Item No. 4I. Ordinance No. 480-591 (ZA09-069), 1 Reading, Zoning Change and Site Plan for the City of Southlake Department of Public Safety North Training Facility on property being described as Tract 1F2 and a portion of Tract 1F, Joel W. Chivers Survey, Abstract No. 350 and being located at 160 East Dove Road and 2395 North White Chapel Boulevard. Current Zoning: SF-1A Single Family Residential District. Requested Zoning: S-P-1 Detailed Site Plan District with CS Community Service District uses to include an indoor firing range as a permitted accessory use. SPIN Neighborhood #2. This item was tabled to the March 2, 2010 City Council meeting. Agenda Item No. 4J. Consider SV09-017, Variance to Sign Ordinance No. 704, as amended, for Carpet One located at 154 Bank Street. The applicant requested to table this item to the March 2, 2010 City Council meeting. Agenda Item No. 9C. Approve professional services contract with Barker Rinker Seacat Architecture for the Multipurpose Feasibility Study. A presentation was made on this item during the work session. Councilmember Muller abstained from voting on this item. UNOFFICIAL REGULAR CITY COUNCIL MEETING MINUTES, FEBRUARY 2, 2010 Page 3 of 8 Motion was made to approve consent agenda items 4A; 4B; 4C; 4G; 4H; to table item 4I to the March 2, 2010 City Council meeting; to table item 4J to the March 2, 2010 City Council meeting; and including item 9C. Motion: Jones Second: Morris Vote on items 4A; 4B; 4C; 4G; 4H; to table item 4I to the March 2, 2010 City Council meeting; and to table item 4J to the March 2, 2010 City Council meeting: Ayes: Bledsoe, Hill, Jones, Morris, Muller, Muzyka, Terrell Nays: None Approved: 7-0 Vote on Item 9C: Ayes: Bledsoe, Hill, Jones, Morris, Muzyka, Terrell Nays: None Abstains: Muller Approved: 6-0-1 REGULAR AGENDA: Agenda Item No. 5. Public Forum. Mayor Terrell opened the public forum. Lance Hight spoke to Council regarding the award of wrecker services contract. Mayor Terrell closed the public forum. nd Agenda Item No. 6A. Ordinance No. 964, 2 Reading, ordaining th in the Texas Enterprise Zone Program pursuant to the Texas Enterprise Zone Act, Chapter 2303, Texas Government Code (Act), providing tax incentives, designating a liaison for communication with interested parties, and nominating Sabre Inc. at 3150 Sabre Drive and Travelocity.com LP at 3120 Sabre Drive, both in Southlake, Texas, to the Office of the Governor Economic Development & Tourism through the Economic Development Bank as Enterprise Projects. Director Last presented this item to Council. Barbara Anderson with Sabre also spoke about this item. 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, PARTICIPATION IN THE TEXAS ENTERPRISE ZONE PROGRAM PURSUANT TO THE TEXAS ENTERPRISE ZONE ACT, CHAPTER 2303, TEXAS GOVERNMENT CODE (ACT), PROVIDING TAX INCENTIVES, DESIGNATING A LIAISON FOR COMMUNICATION WITH INTERESTED PARTIES, AND NOMINATING SABRE INC. AT 3150 SABRE DRIVE AND TRAVELOCITY.COM LP AT 3120 SABRE DRIVE, BOTH IN SOUTHLAKE, TEXAS, TO THE OFFICE OF THE UNOFFICIAL REGULAR CITY COUNCIL MEETING MINUTES, FEBRUARY 2, 2010 Page 4 of 8 GOVERNOR ECONOMIC DEVELOPMENT & TOURISM (EDT) THROUGH THE ECONOMIC DEVELOPMENT BANK (BANK) AS ENTERPRISE PROJECTS (PROJECTS). No one spoke during the public hearing. nd Motion was made to approve Ordinance No. 964, 2 participation in the Texas Enterprise Zone Program pursuant to the Texas Enterprise Zone Act, Chapter 2303, Texas Government Code (Act), providing tax incentives, designating a liaison for communication with interested parties, and nominating Sabre Inc. at 3150 Sabre Drive and Travelocity.com LP at 3120 Sabre Drive, both in Southlake, Texas, to the Office of the Governor Economic Development & Tourism through the Economic Development Bank as Enterprise Projects. Motion: Hill Second: Jones Ayes: Bledsoe, Hill, Jones, Morris, Muller, Muzyka, Terrell Nays: None Approved: 7-0 nd Agenda Item No. 6B. Ordinance No. 966, 2 Reading, Dedication of drainage easement for public use on Johnson Park property. Director Tribble 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 DEDICATING A PUBLIC DRAINAGE EASEMENT FOR PEDESTRIAN ACCESS, ROADWAY, UTILITY, AND DRAINAGE UPON AND ACROSS A PORTION OF CITY OWNED PROPERTY AT JOHNSON PARK. BEING ALL THAT TRACT OF LAND IN THE CITY OF SOUTHLAKE, TARRANT, COUNTY TEXAS A PART OF THE J.J. FRESHOUR SURVEY, ABSTRACT No. 521 AND BEING A PART OF LOT 1, BLOCK 1, JOHNSON PLACE ESTATES, AN ADDITION OF THE CITY OF SOUTHLAKE RECORDED IN CABINET A, SLIDE 12308, TARRANT COUNTY PLAT RECORDS. DECLARING THAT SUCH EASEMENT IS NECESSARY FOR USE BY THE PUBLIC; AUTHORIZING THE MAYOR TO EXECUTE THE EASEMENT DEDICATION DOCUMENTS; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. Mayor Terrell opened the public hearing. Eric Hansen did not speak but recorded his support of this item. Mayor Terrell closed the public hearing. nd Motion was made to approve Ordinance No. 966, 2 Reading, Dedication of drainage easement for public use on Johnson Park property. Motion: Jones Second: Hill UNOFFICIAL REGULAR CITY COUNCIL MEETING MINUTES, FEBRUARY 2, 2010 Page 5 of 8 Ayes: Bledsoe, Hill, Jones, Morris, Muller, Muzyka, Terrell Nays: None Approved: 7-0 nd Agenda Item No. 6C. Ordinance No. 480-488a (ZA09-068), 2 Reading, Zoning Change and Site Plan for Carpe Diem Preschool on property being described as Lots 1 5, Block 1, Jellico Square and being located at 2300 and 2310 West Southlake Boulevard and 210, 250 and 300 Randol Mill Avenue. Current Zoning: S-P-2 Generalized Site Plan Zoning District. Requested Zoning: S-P-2 Generalized Site Plan Zoning District. SPIN Neighborhood #11. Director Baker presented this item to Council in conjunction with item 6D. Applicants Kit Gwin and Ashlee Murphree answered 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 LOTS 1 - 5, BLOCK 1, JELLICO SQUARE AN ADDITION TO THE CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS AND BEING APPROXIMATELY 9.74 ACRES, -P-SITE PLAN DISTRICT TO "S-P-- COMMERCIAL DISTRICT USES, AS DEPICTED ON THE APPROVED REVISED CONCEPT PLAN ATTACHED HERETO AND INCORPORATED HEREIN AS EXHIBIT ENTS 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. 480-488a (ZA09-068), 2 Reading, Zoning Change and Site Plan for Carpe Diem Preschool noting the s willingness to use an earth-toned canopy on the play center; noting agreement to screen the playground with an evergreen or similar tree that is safe for the children in front of the fence facing the drive; and subject to Site Plan Review Summary No. 4, dated January 25, 2010. Motion: Hill Second: Muzyka Ayes: Bledsoe, Hill, Jones, Morris, Muller, Muzyka, Terrell Nays: None UNOFFICIAL REGULAR CITY COUNCIL MEETING MINUTES, FEBRUARY 2, 2010 Page 6 of 8 Approved: 7-0 Agenda Item No. 6D. ZA09-067, Plat Revision for Lots 4R and 5R, Block 1, Jellico Square, being a replat of property currently described as Lots 4 and 5, Block 1, Jellico Square and being located at 250 and 300 Randol Mill Avenue. Current Zoning: S-P-2 Generalized Site Plan Zoning District. SPIN Neighborhood #11. Director Baker presented this item to Council in conjunction with item 6C. Applicants Kit Gwin and Motion was made to approve ZA09-067, Plat Revision for Lots 4R and 5R, Block 1, Jellico Square, subject to Plat Review Summary No. 2, dated December 31, 2009 granting the variance to street frontage. Motion: Hill Second: Muzyka Ayes: Bledsoe, Hill, Jones, Morris, Muller, Muzyka, Terrell Nays: None Approved: 7-0 Agenda Item No. 6E. Resolution No. 10-010 (ZA09-072), Specific Use Permit to allow Outdoor Sales and Service for Tropical Sno Snow Cone Stand on property being described as Tract 2J, Francis Throop Survey, Abstract No. 1511 and being located at 2199 East Dove Road. Current Zoning: C1 Neighborhood Commercial District. SPIN Neighborhood #4. Planner Cortez presented this item to Council. Applicant Jeff Day, 2861 Autumn Drive, Hurst, Texas 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 OUTDOOR SALES OR SERVICES FOR A SNOW CONE STAND ON PROPERTY WITHIN THE CITY OF SOUTHLAKE, TEXAS, LOCATED AT 2199 E. DOVE STREET, BEING LEGALLY DESCRIBED AS TRACT 2J, SITUATED IN THE F. THROOP SURVEY, ABSTRACT NO. 1511, MORE THE APPROVED CONCEPT PLAN ATTACHED HERETO AND INCORPORATED No one spoke during the public hearing. Motion was made to approve Resolution No. 10-010 (ZA09-072), Specific Use Permit to allow Outdoor Sales and Service for Tropical Sno Snow Cone Stand for a period of three (3) years as presented. Motion: Hill Second: Jones Ayes: Bledsoe, Hill, Jones, Morris, Muller, Muzyka, Terrell Nays: None Approved: 7-0 UNOFFICIAL REGULAR CITY COUNCIL MEETING MINUTES, FEBRUARY 2, 2010 Page 7 of 8 Agenda Item No. 9A. Consider SV10-001, Variance to Sign Ordinance No. 704, as amended, for Burger King located at 125 North Kimball Avenue. Planner Cortez presented this item to Council. Applicants Nathan Povely and Lawrence Roth answered Motion was made to approve SV10-001, Variance to Sign Ordinance No. 704, as amended, for Burger King granting the variance to allow for two (2) backlit signs on the front fin of the building with the agreement that no other signs will be placed on the building. Motion: Hill Second: Muzyka Ayes: Bledsoe, Hill, Jones, Morris, Muller, Muzyka, Terrell Nays: None Approved: 7-0 Agenda Item No. 9B. Consider MSP10-001, Master Sign Plan for The Carlyle at Stonebridge Park located at 170 Stonebridge Lane. Director Baker presented this item to Council. Applicant Allen Huckaby, 1300 West Randol Mill Road, Arlington, Texas Motion was made to approve MSP10-001, Master Sign Plan for The Carlyle at Stonebridge Park granting the variance for the wall sign as requested; granting the variance for the monument sign as shown this evening; and granting the variance for maximum height permitted for the therapy directional sign at 3 feet 6 inches, however, noting the applicants agreement to comply with the general criteria for a monument  sign and using masonry materials as permitted by ordinance. Motion: Hill Second: Morris 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 9:08 p.m. *An audio recording of this meeting will be permanently retained in the City ______________________________ John Terrell Mayor ATTEST: ______________________________ Lori Payne City Secretary UNOFFICIAL REGULAR CITY COUNCIL MEETING MINUTES, FEBRUARY 2, 2010 Page 8 of 8