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Item 4AREGULAR CITY COUNCIL MEETING MINUTES: AUGUST 5, 2008 LOCATION :1400 Main Street, Southlake, Texas Council Chambers in Town Hall CITY COUNCIL PRESENT : Mayor Pro Tem John Terrell and Councilmembers Laura K. Hill, Pamela Muller, Virginia M. Muzyka, and Vernon Stansell. CITY COUNCIL ABSENT :Mayor Andy Wambsganss and Deputy Mayor Pro Tem Gregory Jones. 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, Office Assistant Elsie Rice, Information Systems Supervisor Pam Jordan, Interim Director of Community Services Chris Tribble, Deputy Director of Community Services Kerry McGeath, Community Services Coordinator Crystal Shafer, Director of Economic Development Greg Last, Director of Finance Sharen Jackson, Director of Human Resources Kevin Hugman, Interim Chief of Police Services Robert Finn, Police Lieutenant Ashleigh Douglas, Police Officer Andy Anderson, Police Officer Albert Hernandez, Police Officer Leah Lewis, Interim Fire Captain Bryan Thomas, Director of Planning and Development Services Ken Baker, Planner II Clayton Comstock, Administrative Secretary Lorrie Fletcher, Director of Public Works Robert H. Price, Deputy Director of Public Works Gordon Mayer, Operations Manager Chuck Kendrick, Crew Leader Ryan York, Equipment Operator Tarlton Plank, 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 Pro Tem Terrell at 5:03 p.m. Agenda Item No. 2. Invocation. Chaplain of the Month, Linda Pallone, gave the invocation. Mayor Pro Tem Terrell led the pledge of allegiance. Agenda Item No. 3. Keep Southlake Beautiful presentation to Council. Wendi Carlucci, from Keep Southlake Beautiful, presented mugs and green reusable bags to Council and thanked the City’s Green Team for their green initiatives. UNOFFICIAL REGULAR CITY COUNCIL MEETING MINUTES, AUGUST 5, 2008 Page 1 of 7 Agenda Item No. 4. County Commissioner Gary Fickes - update on the Texas High Speed Rail and Transportation Corporation (THSRTC). Commissioner Fickes presented this item to Council and answered questions. Agenda Item No. 5. I2ACTion Award Recognition -- FY08Q2, Q3. Director Hugman presented this item to Council. He recognized those employees who were nominated for their demonstration of the City Council’s adopted values of Integrity, Innovation, Accountability, Commitment to Excellence, and Teamwork which form an integral part of our strategic management system. The eleven employee winners were Ryan York, Lorrie Fletcher, Albert Hernandez, John Lesinksi, Elsie Rice, Jennifer Tucker, Tarlton Plank, David Aguayo, Andy Anderson, Leah Lewis and Valerie Potter. Agenda Item No. 6. Discuss all items on tonight’s meeting agenda. City Council reviewed the agenda items with city staff. Item 9B and 9C were added to the consent agenda. Mayor Pro Tem Terrell closed the work session at 5:52 p.m. REGULAR SESSION: Agenda Item No. 1. Call to order. The regular session was called to order by Mayor Pro Tem Terrell at 5:52 p.m. Agenda Item No. 2A. Executive Session. Mayor Pro Tem 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 5:52 p.m. Executive Session began at 6:20 p.m. Executive Session ended at 7:03 p.m. Agenda Item No. 2B. Reconvene. Mayor Pro Tem Terrell reconvened the regular meeting at 7:06 p.m. and asked if any action was necessary from Executive Session. No action was necessary. Agenda Item No. 3A. Mayor’s Report. Mayor Pro Tem Terrell announced upcoming meetings and events. Agenda Item No. 3B1. City Manager’s Report – Budget 101. City Manager Yelverton presented this item to Council. CONSENT AGENDA: Consent agenda items are considered to be routine by the City Council and are enacted with one motion. The Mayor read the items into the record. Agenda Item No. 4A.Approve the minutes from the July 15, 2008, regular City Council meeting. A presentation was not made on this item. The minutes were approved as presented. UNOFFICIAL REGULAR CITY COUNCIL MEETING MINUTES, AUGUST 5, 2008 Page 2 of 7 Agenda Item No. 4B. Approve renewal of contract with Aetna for employee medical and dental benefits. A presentation was not made on this item. Agenda Item No. 4C. Approve support of the Texas High Speed Rail and Transportation Corporation (THSRTC) and authorize payment of membership dues. A presentation was not made on this item. Agenda Item No. 4D. Approve the renewal of a lease agreement for grazing on approximately 25 acres of undeveloped City property. A presentation was not made on this item. Agenda Item No. 9B.Approve Residential Developer Agreement with Keller Watermere, L.P. for South Village at Watermere, Phase II, a 33.72-acre development located on the south side of Southlake Boulevard between Pearson Road and Davis Boulevard. Deputy Director Mayer presented this item to Council during the work session. As part of Council’s motion, he asked them to include the following items: 1) deletion of the playground requirement and 2) granting the Park Board the authority to re-determine the amount of the park dedication fee since it needs to be adjusted. Agenda Item No. 9C. Authorize City Councilmember Pamela Muller to attend the International City/County Management Association conference on September 20 - 24, 2008 in Richmond, Virginia for the approximate amount of $1,200. A presentation was not made on this item. Motion was made to approve consent agenda items 4A; 4B; 4C; 4D; 9B with the following stipulations: 1) deletion of the playground requirement and 2) granting the Park Board the authority to re-determine the amount of the park dedication fee since it needs to be adjusted; and 9C. Motion: Muzyka Second: Stansell Ayes: Hill, Muller, Muzyka, Terrell, Stansell Nays: None Approved: 5-0 REGULAR AGENDA: Agenda Item No. 5. Public Forum. No one spoke during the public forum. nd Agenda Item No. 6A. Ordinance No. 480-VVV, 2 Reading, Amendments to the Comprehensive Zoning Ordinance No. 480, as amended, for miscellaneous amendments and corrections. Planner Comstock presented this item to Council. 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, AUGUST 5, 2008 Page 3 of 7 AN ORDINANCE AMENDING ORDINANCE NO. 480, AS AMENDED, THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF SOUTHLAKE, TEXAS; AS IT PERTAINS TO MISCELLANEOUS AMENDMENTS AND CORRECTIONS; 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. No one spoke during the public hearing. Council discussed this item. nd Motion was made to approve Ordinance No. 480-VVV, 2 Reading, Amendments to the Comprehensive Zoning Ordinance No. 480, as amended, for miscellaneous amendments and corrections but specifically deleting the proposed changes as outlined in Section 14.5. Motion: Stansell Second: Hill Ayes: Hill, Muller, Muzyka, Terrell, Stansell Nays: None Approved: 5-0 Agenda Item No. 6B. ZA08-048, Site Plan for Lot 3R1, Block 60, Timarron Addition located at 600 Zena Rucker Road. Current Zoning: R-PUD – Residential Planned Unit Development District. SPIN Neighborhood #9E. Director Baker presented this item and answered Council’s questions. Applicant Kerry Clark, 601 Zena Rucker Road, Suite 101, Southlake, Texas made a presentation and answered Council’s questions. No one spoke during the public hearing Council discussed this request. Motion was made to approve ZA08-048, Site Plan for Lot 3R1, Block 60, Timarron Addition located at 600 Zena Rucker Road granting the requested variance to the driveway stacking depth; denying the requested variance for the parking exception; subject to Site Plan Review Summary No. 3, dated July 29, 2008; and subject to the recommendations of the Planning and Zoning Commission on July 17, 2008 except as it related to the parking agreement across the street. Motion: Stansell Second: Muzyka Ayes: Hill, Muller, Muzyka, Terrell, Stansell Nays: None Approved: 5-0 UNOFFICIAL REGULAR CITY COUNCIL MEETING MINUTES, AUGUST 5, 2008 Page 4 of 7 Agenda Item No. 6C. Resolution No. 08-040 (ZA08-049) Specific Use Permit for a Mass Gathering – Parade/Bike Rally/Concert for Independence Weekend on property located at Southlake Town Square and at Carroll Dragon Stadium. Current Zoning: DT – Downtown District and S-P-1 – Detailed Site Plan District. SPIN Neighborhoods #8 and #7. Planner Comstock presented this item and answered Council’s questions. Director Blagg and Lieutenant Douglas answered Council’s questions. Applicant Bruce Krieger, 605 Concho Court, Southlake, Texas made a presentation and 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 EVENT FOR THE SOUTHLAKE INDEPENDENCE WEEKEND ON SEPTEMBER 11, 12 AND 13, 2008 ON PROPERTY WITHIN THE CITY OF SOUTHLAKE, TEXAS, LOCATED AT SOUTHLAKE TOWN SQUARE, DRAGON STADIUM AT 1085 S. KIMBALL AVENUE, AND CENTRAL PARK AT 1401 E. SOUTHLAKE BOULEVARD, 1 BEING LEGALLY DESCRIBED AS LOT 1, BLOCK 1, CARROLL I.S.D. NO. 6 ADDITION; LOT 4, BLOCK 1, SHOPS AT SOUTHLAKE; AND SOUTHLAKE TOWN SQUARE, 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. No one spoke during the public hearing. Motion was made to approve Resolution No. 08-040 (ZA08-049) Specific Use Permit for a Mass Gathering – Parade/Bike Rally/Concert for Independence Weekend on property located at Southlake Town Square and at Carroll Dragon Stadium on the dates of September 11, 12, and 13, 2008, as presented. Motion: Stansell Second: Muller Ayes: Hill, Muller, Muzyka, Terrell, Stansell Nays: None Approved: 5-0 Agenda Item No. 6D. ZA08-054, Revised Site Plan for Rockenbaugh Elementary School on property located at 301 Byron Nelson Parkway. Current Zoning: R-PUD – Residential Planned Unit Development District. SPIN Neighborhood #9E. Director Baker presented this item to Council. Applicants Ronnie Townsend from Rockenbaugh PTO and Cody Taylor from USA Shade answered Council’s questions. No one spoke during the public hearing. Motion was made to approve ZA08-054, Revised Site Plan for Rockenbaugh Elementary School on property located at 301 Byron Nelson Parkway, as presented. Motion: Stansell Second: Muller UNOFFICIAL REGULAR CITY COUNCIL MEETING MINUTES, AUGUST 5, 2008 Page 5 of 7 Ayes: Hill, Muller, Muzyka, Terrell, Stansell Nays: None Approved: 5-0 st Agenda Item 7A. Ordinance No. 480-562, 1 Reading (ZA07-148), Zoning Change and Site Plan for Onsom Medical Offices on property legally described as Tracts 4C1A and 4C2B, Les Ex, A.H. Chivers Survey, Abstract No. 299; and located at 630 East State Highway 114. Current Zoning: AG Agricultural District. Requested Zoning: S-P-1 Detailed Site Plan District. SPIN Neighborhood #5. Director Baker presented this item to Council. Applicant Skip Blake with Blake Architects, 1202 South White Chapel Boulevard, Southlake, Texas and property owner, Dr. Sara Conn, answered Council’s questions. Mayor Pro Tem Terrell allowed the public to speak, but no one wished to speak. st Motion was made to approve Ordinance No. 480-562, 1 Reading (ZA07-148), Zoning Change and Site Plan for Onsom Medical Offices granting the uses and regulations outlined for the S-P-1 District; granting variance for stacking depth; subject to the recommendations of the Planning and Zoning Commission; subject to Site Plan Review Summary No. 6, dated July 30, 2008; and asking the developer to bring color boards at the second reading. Motion: Stansell Second: Hill Ayes: Hill, Muller, Muzyka, Terrell, Stansell Nays: None Approved: 5-0 Agenda Item No. 9A. SP08-177, Variance to the Sign Ordinance No. 704, as amended, to allow light pole banners within Southlake Town Square during Oktoberfest. Director Baker presented this item to Council. Applicant Allen Smith with the Chamber of Commerce answered Council’s questions. Council discussed this request. Motion was made to approve SP08-177, Variance to the Sign Ordinance No. 704, as amended, to allow light pole banners within Southlake Town Square during Oktoberfest allowing the applicant to hang 2’ X 3’ banners that will not include any sponsorship information on them, will be representative of the material the applicant has provided tonight, the banners will be placed no sooner than September 29, 2008 and will be removed by the evening of October 6, 2008, and further stipulating there will be no more than 18 banners placed inside the boundaries of Grand Avenue and State Street. Motion: Stansell Second: Muzyka Ayes: Hill, Muller, Muzyka, Terrell, Stansell Nays: None Approved: 5-0 UNOFFICIAL REGULAR CITY COUNCIL MEETING MINUTES, AUGUST 5, 2008 Page 6 of 7 Agenda Item No. 10A. Discussion:Extend City business hours and adopt employee alternate work scheduling. Director Hugman presented this item and answered Council’s questions. Director Price, Interim Director Tribble and Director Baker addressed how this change would impact their individual departments. Council discussed this proposal. Agenda Item No. 10B. Discussion: Drought Contingency Plan and water conservation. Director Price presented this item and answered Council’s questions. Agenda Item No. 11. Meeting adjourned. Mayor Pro Tem Terrell adjourned the meeting at 10:22 p.m. *An audio recording of this meeting will be permanently retained in the City Secretary’s Office. ______________________________ John Terrell Mayor ProTem ATTEST: ______________________________ Lori Payne, TRMC City Secretary UNOFFICIAL REGULAR CITY COUNCIL MEETING MINUTES, AUGUST 5, 2008 Page 7 of 7