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2010-07-20 1 CITY OF OFFICIAL RECORD SOU THLAKE TEXAS REGULAR CITY COUNCIL MEETING MINUTES: JULY 20, 2010 LOCATION: 1400 Main Street, Southlake, Texas 76092 City Council Chambers CITY COUNCIL PRESENT: Mayor John Terrell, Mayor Pro Tem Laura K. Hill, Deputy Mayor Pro Tem Brandon Bledsoe, and Councilmembers Carolyn Morris, 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 City Manager Ben Thatcher, Assistant to the City Manager Alison Ortowski, Director of Community Services Chris Tribble, Deputy Director of Community Services Kerry McGeath, Deputy Director of Community Services Kari Happold, Assistant to the Director Candice Sanders, Librarian Cynthia Pfledderer, Librarian Jennifer Tucker, Director of Economic Development Greg Last, Director of Finance Sharen Jackson, 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, Deputy Chief of Police Rusty Daniels, Director of Public Works Robert Price, Deputy Director of Public Works Gordon Mayer, 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 5:39 p.m. Agenda Item No. 2. Invocation. Clayton Reed from Southlake Baptist Church gave the invocation. Mayor Terrell led the pledge of allegiance. Mayor Terrell announced that Council would discuss the consent agenda items next. 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. Councilmember Zito requested Item 4G be removed from consent and considered separately. REGULAR CITY COUNCIL MEETING MINUTES, JULY 20, 2010 Page 1 of 8 Mayor Terrell announced that Work Session Item No. 3 would take place in the Executive Conference Room so Council moved into the adjacent room for that portion of the meeting. Agenda Item No. 3. Multipurpose Feasibility Study Committee Workshop. Director Tribble introduced this item and then the consultants led Council through an interactive discussion to evaluate the various components and types of suggested facilities for Southlake. The following consultants participated in the discussion with Council: Steve Blackburn Principal in Charge, Ken Berendt Design Principal and Katie Barnes Library Principal from Barker Rinker Seacat Architecture; Steve Todd Principal in Charge from BWR, Inc.; Ken Ballard President from Ballard King Associates; and Steve Brown Principal from Stewart Brown Library Consulting. Council moved back into the Council Chambers for the next portion of the meeting. REGULAR SESSION: Agenda Item No. 1. Call to order. The regular session of the City Council was called to order by Mayor Terrell at 7:36 p.m. Mayor Terrell announced Council will hold the Executive Session later in the meeting. 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 July 6, 2010 regular City Council meeting. The minutes were approved as presented. Agenda Item No. 4B. Approve contract with Manning Concrete for the construction of the Dove Trail in the amount of $225,249. A presentation was not made on this item. Council approved this item contingent upon the City of Grapevine's approval of this contract. Agenda Item No. 4C. Approve purchase of L -3 Communications equipment in the amount of $69,034.75. A presentation was not made on this item. Agenda Item No. 4D. Resolution No. 10 -044, Authorize the Mayor to execute an Interlocal Agreement with the Cities of Colleyville, Keller, Roanoke, and Watauga, Texas to create and operate a jointly controlled Special Weapons and Tactical Team (SWAT). Chief Finn answered Council's questions 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, APPROVING AN INTERLOCAL AGREEMENT WITH THE CITIES OF COLLEYVILLE, REGULAR CITY COUNCIL MEETING MINUTES, JULY 20, 2010 Page 2 of 8 KELLER, ROANOKE, WATAUGA; AND FURTHER AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT ON BEHALF OF THE CITY OF SOUTHLAKE, TEXAS. Agenda Item No. 4E. Approve a contract with Aetna to provide employee medical benefits. A presentation was not made on this item. Agenda Item No. 4F. Approve a contract with United Healthcare to provide employee dental benefits. A presentation was not made on this item. Agenda Item No. 4G. Ordinance No. 976, 1 Reading, Abandonment of public roadway and utility easement located on 580, 620 and 640 South White Chapel Boulevard. Director Price answered Council's questions during the work session. Councilmember Zito requested this item be removed from consent. Council considered this item separately later in the meeting. Agenda Item No. 4H. Consider SV10 -013, Variance to the Conditional Sign Permit for the Shops of Southlake for Zales Outlet located at 1221 East Southlake Boulevard. Director Baker answered Council's questions during the work session. Agenda Item No. 41. Ordinance No. 480 -AAAA (ZA10 -036), 1 Reading, An amendment to the Zoning Ordinance, as amended, as it pertains to the DT Downtown Zoning District. This item was tabled to the August 3, 2010 City Council meeting. Agenda Item No. 4J. Resolution No. 10 -043, (ZA10 -037), Specific Use Permit and Site Plan for Southlake Town Square, Block 3, Residences for property being described as Lot 6R, Block 3R2R, Southlake Town Square Addition and being located at 371 State Street. Current Zoning: DT Downtown District. SPIN Neighborhood #8. This item was tabled to the August 3, 2010 City Council meeting. Agenda Item No. 4K. Resolution No. 10 -013 (ZA09 -066), Specific Use Permit for carports for Non Residential Property for Construction Management Advisors on property being described as Lot 4R7R1, Green Meadow Subdivision, and being located at 2250 East Continental Boulevard. Current Zoning: 11 Light Industrial District. SPIN Neighborhood #8. This item was withdrawn by the applicant. Motion was made to approve consent agenda items 4A; 4B contingent upon the City of Grapevine's approval of this contract; 4C; 4D; 4E; 4F; 4H; 41 to table to the August 3, 2010 City Council meeting; 4J to table to the August 3, 2010 City Council meeting; and to withdraw item 4K. (Item 4G was removed from the consent agenda placed on the regular agenda to be considered later in the meeting.) Motion: Hill Second: Bledsoe Ayes: Bledsoe, Hill, Morris, Muller, Wang, Zito, Terrell Nays: None Approved: 7 -0 REGULAR CITY COUNCIL MEETING MINUTES, JULY 20, 2010 Page 3 of 8 Agenda Item No. 3A1. Mayor's Report Update of upcoming meetings and events. Mayor Terrell announced upcoming meetings and events. Agenda Item No. 3A1. Mayor's Report Proclamation to Brian Clancy. Mayor Terrell read the proclamation and presented it to Brian Clancy for his outstanding music career and his many musical achievements. Mr. Clancy then played a song on his saxophone for the Council and the audience. Agenda Item No. 3B. City Manager's Report. There was no report given. Mayor Terrell announced that item 7A would be considered next. REGULAR AGENDA: Agenda Item No. 7A. 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 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. Director Baker presented this item to Council. Mayor Terrell read the comment cards of those in support of item 7A but who did not wish to speak: Kent Stewart, 2421 Spring Valley Drive, Bedford, Texas; Sara Shinn, 2421 Spring Valley Drive, Bedford, Texas; Mark and Sue Heath, 3645 West Northgate #102, Irving, Texas; Lacey and Michael Hotchkiss, 424 Sagewood Court, Keller, Texas; Debbie and Eddie Slye, 336 Montreal Drive; Brenda Gilmore, 2002 Estrada Parkway #103, Irving, Texas; Agnes Kohut, 4825 Weyland Drive, Hurst, Texas; Richard Bull, 121 Bartrum Lane, Colleyville, Texas; Andy, Marla and Margaret Rhodes, 2414 Himes Street, Irving, Texas; David and Sandy Brady, 1416 Schukar Court, Irving, Texas; Brenda Barton, Coppell, Texas; Tori Lane, 2825 Stanford Drive, Irving, Texas; Lauren and Tim Hogan, 1621 Lakeside Drive, Allen, Texas; Chuck Hallett, 6504 Horseshoe Bend, Colleyville, Texas; Pamela and Ross Edwards, 1117 Alexander Court, Midlothian, Texas; and, Angela and Justin Shaw, 5629 Leander Way, Midlothian, Texas. Mayor Terrell read the comment cards of those in opposition to item 7A but who did not wish to speak: Erin, Monique, and Rob Schill, 162 Jellico Circle, Southlake, Texas; David Parks, 145 Jellico Circle, Southlake, Texas; REGULAR CITY COUNCIL MEETING MINUTES, JULY 20, 2010 Page 4 of 8 Debi and Gerald P. Douglass, 156 Jellico Circle, Southlake, Texas; John Rodriguez, 103 Vermilion Court, Southlake, Texas; Sandy Devin, 166 Jellico Circle, Southlake, Texas; Pam Truhi, 144 Jellico Circle, Southlake, Texas; Roxanne Morgan, 140 Jellico Circle, Southlake, Texas; Linda Yates, 135 Jellico Circle, Southlake, Texas; and, Julie and Stoney Stubbs, 158 Jellico Circle, Southlake, Texas. Applicant Tom Hoover of Thomas Hoover Engineering of Keller, Texas presented this item and answered Council's questions. Mr. Hoover also introduced Brad Barton who is Chairman of Bethel Methodist Church's Building Committee and is available to answer any questions from Council. Mayor Terrell allowed the public who indicated they wanted to speak an opportunity to do so next. Nora Parks, 145 Jellico Circle, Southlake, Texas spoke in opposition. Jarod and Myka Jenson, 107 Vermilion Court, Southlake, Texas spoke in opposition. Jill Howard, 171 Jellico Circle, Southlake, Texas spoke in opposition. Council discussed this item. Brad Barton, Chairman of the Bethel Methodist Church's Building Committee, addressed Council. Jared Jenson, 107 Vermilion Court, Southlake, Texas spoke again in opposition. Nora Parks, 145 Jellico Circle, Southlake, Texas spoke again in opposition. Council discussed this item. Motion was made to deny Ordinance No. 480 -588 (ZA09 -017), 1 Reading, Zoning Change and Site Plan for Bethel Methodist Church of Southlake. Motion: Hill Second: Bledsoe Ayes: Bledsoe, Hill, Morris, Muller, Wang, Zito, Terrell Nays: None Approved: 7 -0 (to deny) 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 REGULAR CITY COUNCIL MEETING MINUTES, JULY 20, 2010 Page 5 of 8 negotiations. City Council adjourned for Executive Session at 8:51 p.m. Executive Session began at 9:07 p.m. and ended at 10:14 p.m. Agenda Item No. 2B. Reconvene. Mayor Terrell reconvened the regular meeting at 10:22 p.m. and asked if any action was necessary from Executive Session. No action was necessary. Agenda Item No. 5. Public Forum. Mayor Terrell opened the public forum. No one spoke. Mayor Terrell closed the public forum. Council considered Item 4G next. Agenda Item No. 4G. Ordinance No. 976, 1 Reading, Abandonment of public roadway and utility easement located on 580, 620 and 640 South White Chapel Boulevard. Director Price presented this item to Council. Applicant William Lafavers, 620 South White Chapel Boulevard, Southlake, Texas answered Council's questions. The Mayor allowed anyone in the audience the opportunity to speak. There was no one present who wanted to speak. Motion was made to approve Ordinance No. 976, 1 Reading, Abandonment of public roadway and utility easement located on 580, 620 and 640 South White Chapel Boulevard. Motion: Hill Second: Bledsoe Ayes: Bledsoe, Hill, Morris, Muller, Wang, Zito, Terrell Nays: None Approved: 7 -0 Agenda Item No. 6A. Ordinance No. 977, 2 "d Reading, Dedication of an easement and right -of -way on city -owned park property at Bicentennial Park to Oncor Electric Delivery Company. 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 UTILITY EASEMENT FOR PUBLIC USE UPON AND ACROSS A PORTION OF CITY OWNED PROPERTY AT BICENTENNIAL PARK, DESCRIBED AS L.B.G. HALL SURVEY, ABSTRACT No. 686 IN THE CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS; DECLARING THAT SUCH EASEMENT IS NECESSARY FOR USE BY ONCOR ELECTRIC DELIVERY COMPANY TO INSTALL AND MAINTAIN ELECTRICAL SERVICE TO THE PARK; AUTHORIZING THE MAYOR TO EXECUTE THE EASEMENT DEDICATION DOCUMENTS; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. No one spoke during the public hearing. REGULAR CITY COUNCIL MEETING MINUTES, JULY 20, 2010 Page 6 of 8 Motion was made to approve Ordinance No. 977, 2 Reading, Dedication of an easement and right -of -way on city -owned park property at Bicentennial Park to Oncor Electric Delivery Company. Motion: Hill Second: Bledsoe Ayes: Bledsoe, Hill, Morris, Muller, Wang, Zito, Terrell Nays: None Approved: 7 -0 Agenda Item No. 6B. ZA10 -040, Site Plan for improvements to Carroll Elementary School on property being described as Tract 3A, Samuel H. Thompson Survey, Abstract No. 1504 and being located at 1705 West Continental Boulevard. Current Zoning: CS Community Service District. SPIN Neighborhood #10. Planner Schell presented this item to Council. Director Price answered Council's questions. Applicants Derek Citty, John Haugen, John Blacker, and Shane Garthoff made a presentation and answered Council's questions. Council discussed this request. No one spoke during the public hearing. Motion was made to approve ZA10 -040, Site Plan for improvements to Carroll Elementary School subject to granting the variances for articulation, bufferyard irrigation, and fencing; subject to Revised Site Plan Review Summary No. 2, dated July 7, 2010; and subject to the applicant's presentation. Motion: Hill Second: Bledsoe Ayes: Bledsoe, Hill, Morris, Muller, Wang, Zito, Terrell Nays: None Approved: 7 -0 Agenda Item No. 6C. ZA10 -043, Site Plan for White's Chapel Methodist Church and a variance to the Masonry Ordinance No. 557 -A, as amended, on property being described as Lot 1R, Block 1, White Chapel Methodist Church Addition and being located at 185 South White Chapel Boulevard. Current Zoning: CS Community Service District. SPIN Neighborhood #9. Planner Schell presented this item to Council. Applicant Greg Standerfer presented this item to Council and answered their questions. Mayor Terrell opened the public hearing. The following comment cards were received from people in support of Item 6C but indicated they did not wish to speak: Sam V. Akins, 8600 Beach Nut Lane, North Richland Hills, Texas; Steven Bell, 8113 Bridge Street, North Richland Hills, Texas; REGULAR CITY COUNCIL MEETING MINUTES, JULY 20, 2010 Page 7 of 8 Lamar Clark, 3338 Van Zandt Court, Southlake, Texas; Vernon Goodman, 8008 Mimosa Drive; Jane and Joseph F. Grazer, 7312 Lindwall Court, North Richland Hills, Texas; Dave Houser, 1508 Belaire Court; Judy Hunt, 1210 Hat Creek Trail, Southlake, Texas; Jeff Miller, 1371 Holland Hill, Southlake, Texas; Betty and John Milburn, 1204 Barlow Bend, Southlake, Texas; Jackie Phillips, 1334 Woodbrook Lane, Southlake, Texas; Connie and Edward M. Robertson, 1225 Ridgewood Circle, Southlake, Texas; Frances Scharli, 302 Timber Lake Drive, Southlake, Texas; Don Tittle, 2044Bentry Drive, Keller, Texas; Debbie and Ken C. Williams, 22 Skyline Drive, Trophy Club, Southlake, Texas; Terry Wilkinson, 2110 Cedon Elm Terrace, Westlake, Texas; and, Gwen Zelewski, 806 Princeton Court, Southlake, Texas. Mayor Terrell closed the public hearing. Motion was made to approve ZA10 -043, Site Plan for White's Chapel Methodist Church and a variance to the Masonry Ordinance No. 557 -A, as amended, on property being described as Lot 1R, Block 1, White Chapel Methodist Church Addition granting the requested variance to the masonry requirement and granting approval for the portable buildings to remain an additional six (6) years until June 24, 2016. Motion: Hill Second: Bledsoe Ayes: Bledsoe, Hill, Morris, Muller, Wang, Zito, Terrell Nays: None Approved: 7 -0 Agenda Item No. 11. Meeting adjourned. Mayor Terrell adjourned the meeting at 11:26 p.m. *An audio recording of this meeting will be permanently retained in the City Secretary's Office. C9 0 John Terrell Mayor ATTEST: Lori Payne City Secretary REGULAR CITY COUNCIL MEETING MINUTES, JULY 20, 2010 Page 8 of 8