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2010-07-06 CITY TEXAS O F OFFICIAL RECORD SOUTHLAI( REGULAR CITY COUNCIL MEETING MINUTES: JULY 6, 2010 LOCATION: 1400 Main Street, Southlake, Texas 76092 City Council Chambers CITY COUNCIL PRESENT: Mayor John Terrell (arrived at 6:22 p.m.), Mayor Pro Tem Laura K. Hill, Deputy Mayor Pro Tem Brandon Bledsoe, and Councilmembers Carolyn Morris (arrived at 5:36 p.m.), Pamela A. Muller, Jeff Wang and Al Zito. 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, Director of Community Services Chris Tribble, Deputy Director of Community Services Kerry McGeath, Director of Economic Development Greg Last, Director of Finance Sharen Jackson, Assistant Director of Finance Sean Leonard, Director of Human Resources Stacey Black, Director of Information Technology Dale Dean, Director of Planning and Development Services Ken Baker, Chief Building Official Paul Ward, Planner II Richard Schell, Chief of Fire Services Mike Starr, Chief of Police Services Robert Finn, Director of Public Works Robert Price, Deputy Director of Public Works Gordon Mayer, Environmental Coordinator Christi Upton, 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 Hill at 5:32 p.m. Agenda Item No. 2. Invocation. Clayton Reed from Southlake Baptist Church gave the invocation. Mayor Pro Tem Hill led the pledge of allegiance. Agenda Item No. 3. Discuss Southlake water system and provide update on current water demand. Director Price presented this item and answered Council's questions. Agenda Item No. 4. Discuss all items on tonight's meeting agenda. No action will be taken and each item will be considered during the Regular Session. Council reviewed the items on the consent agenda. Item 8A was moved to the consent agenda for approval. Councilmember Morris requested item 4G be removed from consent and considered separately. REGULAR CITY COUNCIL MEETING MINUTES, JULY 6, 2010 Page 1 of 6 REGULAR SESSION: Agenda Item No. 1. Call to order. The regular session of the City Council was called to order by Mayor Pro Tem Hill at 6:22 p.m. Mayor Terrell arrived at 6:22 p.m. Agenda Item No. 2A. Executive Session. Mayor Pro Tem Hill 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 6:22 p.m. Executive Session began at 6:35 p.m. and ended at 8:13 p.m. Agenda Item No. 2B. Reconvene. Mayor Terrell reconvened the regular meeting at 8:21 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 thanked St. Laurence Episcopal Church Boy Scout Troop 168 for helping the city with our flag project over the Independence Day weekend. They assisted staff by placing flags in Town Square over the July 4 weekend which really added to the visual impact and importance of the event. 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 June 15, 2010 regular City Council meeting and the minutes from the June 22, 2010 June Retreat with City Council. The minutes were approved as presented. Agenda Item No. 4B. This item was intentionally left blank. Agenda Item No. 4C.This item was intentionally left blank. Agenda Item No. 4D. Resolution No. 10 -027, Appoint five members to serve on the Board of Directors of the Tax Increment Reinvestment Zone Number One, City of Southlake, Texas. A presentation was not made on this item. Council appointed members Al Zito and Jeff Wang to a one year term to fill the remainder of the terms of Virginia M. Muzyka and Gregory Jones. Council also re- appointed Council members Laura K. Hill, Carolyn Morris, and Brandon Bledsoe with terms to expire in May 2012. REGULAR CITY COUNCIL MEETING MINUTES, JULY 6, 2010 Page 2 of 6 In accordance with Section 4.21 of the City Charter, the caption for this item is listed as fol lows: A RESOLUTION OF THE CITY OF SOUTHLAKE, TEXAS, APPOINTING MEMBERS TO THE BOARD OF DIRECTORS FOR THE TAX INCREMENT REINVESTMENT ZONE NUMBER ONE OF THE CITY OF SOUTHLAKE; PROVIDING AN EFFECTIVE DATE. Agenda Item No. 4E. Variance to Section 4.01 of Subdivision Ordinance No. 483, as amended (Plat Extension), extending the validity of Case ZA05 -088, Plat Revision for Lots 13R1 and 13R2, F. Throop No. 1511 Addition (Johnson Elementary School). Current Zoning: CS Community Service District. SPIN Neighborhood #3. A presentation was not made on this item. Council approved this item with an approval date of the plat extension until September 6, 2010. Agenda Item No. 4F. Consider SV10 -011, Sign Variance for a temporary sign for Carillon Office Development located in the 200 Block of East State Highway 114. A presentation was not made on this item. Agenda Item No. 4G. Approve a contract in an amount not to exceed $14,000 to Kleinfelder for ambient air quality testing within the City of Southlake. During the work session, Councilmember Morris asked for this item to be removed from the consent agenda and to be discussed during the regular meeting. It was later decided to leave it on consent. City Attorney Taylor commented that during the executive session, he had an opportunity to brief the Council on the legal issues relating to the contract contents, the protocol, and the method of implementation. It is his understanding that Council is now aware that the contract is the original draft instrument prepared by the consultant after on -going conversations with the city staff. We have requested that State and Federal Agencies that are also involved in air quality enforcement provide input as to whether or not any additional tests should be added to the study protocol. Council has suggested to staff that if they find those suggested tests to be reasonable, they should be added to the contract and if that increases the projected price of the contract the contract will be modified or amended to include those cost estimates up to the maximum amount permitted by law for approval by the City Manager. It is his understanding that the Council desires to go ahead in its motion tonight to direct the staff to implement this program and proceed with the execution of the contract when it is in its final form after adding into the agreement any additional tests deemed appropriate by State or Federal representatives and adjusting the cost to reflect the increased price of that testing. Agenda Item No. 4H. Ordinance No. 977, 1 Reading, Dedication of an easement and right -of -way on city -owned park property at Bicentennial Park to Oncor Electric Delivery Company. A presentation was not made on this item. REGULAR CITY COUNCIL MEETING MINUTES, JULY 6, 2010 Page 3 of 6 Agenda Item No. 41. Variance to Section 4.01 of Subdivision Ordinance No. 483, as amended (Plat Extension), extending the validity of Case ZA07 -136, Plat Revision for Lot 11R, J.G. Allen No. 18 Addition (Northeast Baptist Church). Current Zoning: CS Community Service District. SPIN Neighborhood #11. A presentation was not made on this item. Council approved this item with an approval date of the plat extension until April 1, 2011. Agenda Item No. 4J. Ordinance No. 480 -588 (ZA09 -017), 1 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, Tarrant County and being located at 180 and 190 Jellico Circle West. Current Zoning: SF -1A Single- Family Residential District. Proposed Zoning: S -P -1 Detailed Site Plan District. SPIN Neighborhood #11. This item was tabled to the July 20, 2010 City Council meeting. Agenda Item No. 4K. ZA10 -014, Site Plan for Brazos Southlake Substation and a variance to the Masonry Ordinance No. 557 -A, as amended, on property being described as Lot 3, Block A, MTP -IBM Addition No. 1, being located at 3411 T. W. King Road. Current Zoning: NR -PUD Non Residential Planned Unit Development District. SPIN Neighborhood #1. This item was tabled indefinitely and staff was directed to readvertise the case. Agenda Item No. 8A. Resolution No. 10 -031, Declare a 90 -day moratorium on the acceptance or processing of any sign applications for readerboard (electronic or manual) signs as defined in Sign Ordinance No. 704 -D. Director Baker answered questions about this item during the work session. Motion was made to approve consent agenda items 4A; 4D to appoint members Al Zito and Jeff Wang to one year terms to expire in May 2011 and to reappoint Laura K. Hill, Carolyn Morris, and Brandon Bledsoe with terms to expire in May 2012; 4E; 4F; 4G including the comments by City Attorney Taylor; 4H; 41 with an approval date of the plat extension until April 1, 2011; to table item 4J to the July 20, 2010 City Council meeting; to table item 4K indefinitely and directing staff to readvertise; and including 8A. Motion: Hill Second: Bledsoe Ayes: Bledsoe, Hill, Morris, Muller, Wang, Zito, Terrell Nays: None Approved: 7 -0 REGULAR AGENDA: Agenda Item No. 5. Public Forum. Mayor Terrell opened the public forum. No one spoke. Mayor Terrell closed the public forum. Agenda Item No. 6A. ZA10 -034, Site Plan for improvements to Johnson Elementary School on property being described as Lot 13A, F. Throop, No. 1511 Addition, an addition to the City of Southlake and being located at 1301 North Carroll Avenue and REGULAR CITY COUNCIL MEETING MINUTES, JULY 6, 2010 Page 4 of 6 being approximately 13.87 acres. Current Zoning: CS Community Service District. SPIN Neighborhood #3. Planner Schell presented this item and answered Council's questions. Applicants John Blacker, Tom Grant, and John Haugen also made a presentation and answered Council's questions. No one spoke during the public hearing. Council continued discussion of this request. Motion was made to approve ZA10 -034, Site Plan for improvements to Johnson Elementary School subject to the following: •subject to Site Plan Review Summary No. 3, dated June 17, 2010; •granting variances for driveway stacking and driveway spacing; •granting a variance for the sidewalk from 8' (feet) to 6' (feet) along Carroll Avenue, but construction of the sidewalk would not be required until such time that the Director of Public Works provides the school district notice that the city is prepared to initiate the road widening project on Carroll Avenue and at that time, the school district will be obligated to fund the 6' (feet) sidewalk adjacent to the new roadway; and, •not granting a variance for the required sidewalk to the south of the school along East Highland Street, but allowing construction of the 8' (feet) multi -use trail to be deferred until such time that the sidewalks are constructed on either side of the school property with the widening of East Kirkwood Boulevard to its ultimate four lane cross section, at which time the school district will be obligated to fund construction of the 8' (feet) multi -use trail. Motion: Hill Second: Bledsoe Ayes: Bledsoe, Hill, Morris, Muller, Wang, Zito, Terrell Nays: None Approved: 7 -0 Agenda Item No. 6B. Variance to Masonry Ordinance No. 557 -A for one portable building at Durham Intermediate School being described as Lot 1, Block 1, Carroll ISD No. 1 Addition, an addition to the City of Southlake and being located at 801 Shady Oaks Drive. Current Zoning: CS Community Service District. Planner Schell presented this item to Council. Applicant John Haugen answered Council's questions. No one spoke during the public hearing. Motion was made to approve Variance to Masonry Ordinance No. 557 -A for one portable building at Durham Intermediate School. Motion: Hill Second: Bledsoe Ayes: Bledsoe, Hill, Morris, Muller, Wang, Zito, Terrell Nays: None Approved: 7 -0 REGULAR CITY COUNCIL MEETING MINUTES, JULY 6, 2010 Page 5 of 6 Agenda Item No. 9A. Consider MSP10 -004, Master Sign Plan for the Medical Villas at Tuscan Creek located at 311 and 321 West Southlake Boulevard. Director Baker presented this item to council. Applicants Skip Blake and Lori Taylor answered Council's questions. Motion was made to approve MSP10 -004, Master Sign Plan for the Medical Villas at Tuscan Creek. Granting the following: •There will be one (1) monument sign placed on location `B' as presented; •The monument sign will be no wider than 17' (feet); •Monument sign is permitted eight (8) panels; •The monument sign will look similar to what was presented; •The letters on the monument sign are limited to 16" (inches); •The address numbers on the monument sign are limited to 18" (inches); •All internal signs as shown on the plan presented will have letters no larger than 18" (inches); and, •Accepting the height of the monument sign as presented. Motion: Hill Second: Bledsoe Ayes: Bledsoe, Hill, Morris, Muller, Wang, Zito, Terrell Nays: None Approved: 7 -0 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 10:36 p.m. Executive Session began at 10:45 p.m. and ended at 11:40 p.m. Mayor Terrell reconvened the regular meeting at 11:43 p.m. and asked if any action was necessary from Executive Session. No action was necessary. Agenda Item No. 11. Meeting adjourned. Mayor Terrell adjourned the meeting at 11:43 p.m. *An audio recording of this meeting will be per retained in the City Secretary's Office. John Terrell r. Mayor c onuse 3 'L Y ATTEST: r.-. c :cc P o >e Lori Payne i" °s °o•e eeeee :.4e City Secretary �,.a` REGULAR CITY COUNCIL MEETING MINUTES, JULY 6, 2010 Page 6 of 6