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2010-08-03 CITY O F OFFICIAL RECOR SOUTH LAKE TEXAS REGULAR CITY COUNCIL MEETING MINUTES: AUGUST 3, 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, Community Relations Officer Pilar Schank, Director of Community Services Chris Tribble, Deputy Director of Community Services Kerry McGeath, 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, Planner II Clayton Comstock, Chief of Fire Services Mike Starr, Deputy Fire Chief Bryan Thomas, Fire Marshal David Barnes, Chief of Police Services Robert Finn, Deputy Police Chief Rusty Daniels, DPS Training Supervisor Jeremy Blackwell, Director of Public Works Robert Price, Deputy Director of Public Works Gordon Mayer, Civil Engineer Steve Anderson, Civil Engineer Michelle McCullough, Civil Engineer Cheryl Taylor, 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 5:35 p.m. Agenda Item No. 2. Invocation. Stephen Hill gave the invocation. Mayor Terrell led the pledge of allegiance. Agenda Item No. 3. 2010 Census Update. Jennifer Pope with the U.S. Census Bureau updated Council on the 2010 Census and stated that Southlake had a participation rate of 83 Agenda Item No. 4. Call for Leadership Southlake participants. Dana Davis, new President of the Southlake Chamber of Commerce, presented this item to Council. REGULAR CITY COUNCIL MEETING MINUTES, AUGUST 3, 2010 Page 1 of 8 Agenda Item No. 5. Discuss all items on tonight's meeting agenda. No action was taken during the Work Session and each item was considered during the Regular Session. Council reviewed the items on the consent agenda. Items 9A and 9C were added to the consent agenda for approval. City Manager Yelverton asked that item 4D be removed from consent and considered separately. REGULAR SESSION: Agenda Item No. 1. CaII to order. The regular session of the City Council was called to order by Mayor Terrell at 5:53 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 5:53 p.m. Executive Session began at 6:05 p.m. and ended at 7:02 p.m. Agenda Item No. 2B. Reconvene. Mayor Terrell reconvened the regular meeting at 7:10 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 and announced that Item 3A2 would be heard after the City Manager's Report. Agenda Item No. 3B. City Manager's Report. City Manager Yelverton introduced Steve Anderson, the new Civil Engineer in the City's Public Works Department. Assistant to the City Manager Ortowski gave an update on sidewalk construction. Agenda Item No. 3B1. Budget calendar Work Session dates. Assistant to the City Manager Ortowski updated Council on the FY2011 budget calendar and upcoming work sessions. Agenda Item No. 3B2. Update the City Council on the Southlake VOD (Video on Demand) communication initiative now housed on the City's website www.CityofSouthlake.com. Community Initiatives Officer Schank demonstrated the new Southlake Video on Demand feature on the City's website. Agenda Item No. 3A2. Recognition of resident, Justin Scheidt, for "My Hometown" video submission to Texas Monthly. Mayor Terrell recognized Justin Scheidt, a Southlake native, who produced, edited and directed a video called 7- 6- 0 -9 -2. Mr. REGULAR CITY COUNCIL MEETING MINUTES, AUGUST 3, 2010 Page 2 of 8 Scheidt submitted his video to Texas Monthly Magazine's Where I'm From short film contest. Mr. Scheidt showed his video to the Council and the public. 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 20, 2010 regular City Council meeting. The minutes were approved as presented. Agenda Item No. 4B. Approve the absences of Planning and Zoning Commission members. The Council approved the absences of P &Z Commissioners Brigham McCown and Shahid Shafi. Mr. McCown was absent from the July 8, 2010 meeting due to being out of town performing military duties as a member of the U.S. Armed Forces and from the July 22, 2010 meeting due to being out of town for work. Mr. Shafi was absent from the July 8, 2010 meeting due to a family vacation and from the July 22, 2010 meeting due to being out of town for work. Agenda Item No. 4C. This item was intentionally left blank. Agenda Item No. 4D. Approve a commercial developer's agreement with Carroll Independent School District for the new CISD Elementary School located at 2520 and 2530 North White Chapel Boulevard. This item was removed from the consent agenda and was considered separately. Agenda Item No. 4E. Approve a commercial developer's agreement with Hines Southlake Land, L.P. for Carillon, Phase 1A, offsite infrastructure located at the northeast corner of North White Chapel Boulevard and State Highway 114. A presentation was not made on this item. Agenda Item No. 4F. Approve the purchase of surveillance cameras and associated equipment from Red Moon, Inc. not to exceed $121,000. A presentation was not made on this item. Agenda Item No. 4G. 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 withdrawn by the applicant. Agenda Item No. 4H. 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 withdrawn by the applicant. Agenda Item No. 9A. Consider SV10 -014, Sign Variance for a temporary sign for The Grove located at 500 West State Highway 114. A presentation was not made on this item. REGULAR CITY COUNCIL MEETING MINUTES, AUGUST 3, 2010 Page 3 of 8 Agenda Item No. 9C. Approve a Wholesale Water Purchase Contract with the City of Fort Worth. A presentation was not made on this item. Motion was made to approve consent agenda items 4A; 4B to excuse the absences of P &Z Commissioner Brigham McCown from the July 8, 2010 meeting and from the July 22, 2010 meeting and Commissioner Shahid Shafi from the July 8, 2010 meeting and from the July 22, 2010 meeting; 4E; 4F; to withdraw item 4G; to withdraw item 4H; and including approval of items 9A and 9C. Motion: Hill Second: Bledsoe Ayes: Bledsoe, Hill, Morris, Muller, Wang, Zito, Terrell Nays: None Approved: 7 -0 Agenda Item No. 4D. Approve a commercial developer's agreement with Carroll Independent School District for the new CISD Elementary School located at 2520 and 2530 North White Chapel Boulevard. Director Price presented this item to Council. Applicant Dr. Derek Citty addressed Council. Motion was made to approve a commercial developer's agreement with Carroll Independent School District for the new CISD Elementary School located at 2520 and 2530 North White Chapel Boulevard noting the language changes as presented regarding removal of the language for the 8 -foot wide multi purpose trail but noting that will be part of the zoning case. 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. Ordinance No. 976, 2 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 answered Council's questions. In accordance with Section 4.21 of the City Charter, the caption for this item is listed as follows: AN ORDINANCE VACATING AND ABANDONING A 30 FOOT PUBLIC ROADWAY AND UTILITY EASEMENT AND ACCOMPANYING 60 FOOT ROADWAY AND REGULAR CITY COUNCIL MEETING MINUTES, AUGUST 3, 2010 Page 4 of 8 UTILITY EASEMENT LOCATED ON 580, 620, AND 640 SOUTH WHITE CHAPEL BOULEVARD ON THE HIRAM GRANBERRY SURVEY ABSTRACT NO. 581 AND RECORDED IN VOLUME 4554, PAGE 958, D.R.T.C.T. IN THE CITY OF SOUTHLAKE; DECLARING THAT SUCH EASEMENTS ARE UNNECESSARY FOR USE BY THE PUBLIC; AUTHORIZING THE MAYOR TO EXECUTE QUITCLAIM DEEDS RELEASING PUBLIC INTEREST OF THESE EASEMENTS; PROVIDING A SEVERABILTY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. No one spoke during the public hearing. Motion was made to approve Ordinance No. 976, 2 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, Terrell Nays: Zito Approved: 6 -1 Agenda Item No. 7A. Ordinance No. 480 -549b (ZA10 -041), 1 Reading, Zoning Change and Site Plan for "Tower Plaza" (fka "Invitation Park on property being described as Tracts 3B, 3B01 and a portion of Tract 3D01, Obediah W. Knight Survey, Abstract No. 899 and being located at 821, 829 and 835 East Southlake Boulevard. Current Zoning: S -P -1 Detailed Site Plan District. Requested Zoning: S -P -1 Detailed Site Plan District. SPIN Neighborhood #9. Planner Comstock presented this item to Council. Applicant Curtis Young, 1130 North Carroll Avenue, Southlake, Texas made a presentation and answered Council's questions. Director Price, Chief Starr, and Fire Marshal Barnes answered Council's questions. After discussion with Council, Mr. Young requested to table this item to the next Council meeting. Motion was made to table Ordinance No. 480 -549b (ZA10 -041), 1 Reading, Zoning Change and Site Plan for "Tower Plaza" (fka "Invitation Park to the next City Council meeting. Motion: Hill Second: Bledsoe Ayes: Bledsoe, Hill, Morris, Muller, Wang, Terrell, Zito Nays: None Approved: 7 -0 Mayor Terrell called for a break at 9:20 p.m. and reconvened the meeting at 9:36 p.m. Mayor Terrell announced the board appointments would be considered later in the meeting. REGULAR CITY COUNCIL MEETING MINUTES, AUGUST 3, 2010 Page 5 of 8 Agenda Item No. 9B. Consider SV10 -015, Variance to the Sign Ordinance as amended for Texas Health Southlake (fka Harris Methodist Southlake) located at 1545 East Southlake Boulevard. Director Baker presented this item to Council. Applicants Traci Bernard, 1545 East Southlake Boulevard, Southlake, Texas and Debra Sanders, 2603 El Camino, Houston, Texas answered Council's questions. Motion was made to approve SV10 -015, Variance to the Sign Ordinance as amended for Texas Health Southlake (fka Harris Methodist Southlake) located at 1545 East Southlake Boulevard granting the requested variances for letter and logo height as presented. Motion: Hill Second: Bledsoe Ayes: Bledsoe, Hill, Morris, Wang, Terrell Nays: Muller, Zito Approved: 5 -2 Agenda Item No. 10A. Discuss the site plan elevation changes to the new CISD Elementary School located at 2520 and 2530 North White Chapel Boulevard. Director Baker presented this item to Council. Council discussed and asked questions. Agenda Item No. 10B. Discuss site selection analysis for the DPS Training Tower. Chief Finn presented this item to Council. City Attorney Taylor addressed questions relating to the use of Crime Control and Prevention District funds. Council discussed this item. Chief Starr answered Council's questions. Mayor Terrell allowed the public to speak. Bob Mundlin, 1658 Royal Oaks, Southlake, Texas spoke in support of this item. Gregory Swank, 332 Oak Pointe Lane, Southlake, Texas spoke in opposition to this item. Council continued to discuss this item. Assistant City Manager Director Blagg and Chief Starr answered Council's questions. The discussion on Item 10B concluded. There was no action taken. 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 11:36 p.m. Executive Session began at 11:50 p.m. and ended at 12:30 a.m. REGULAR CITY COUNCIL MEETING MINUTES, AUGUST 3, 2010 Page 6 of 8 Mayor Terrell reconvened the regular meeting at 12:33 a.m. The Mayor announced that the only appointments to be made this evening would be for the Planning and Zoning Commission, the Parks and Recreation Board, and the Zoning Board of Adjustment (Agenda Items No. 8D, 8E, and 8K). All of the remaining appointments will be considered at a future Council meeting. Agenda Item No. 8D. Resolution No. 10 -035, Appoint members to the Parks and Recreation Board. Council appointed Randy Williamson (Place 4), Sherry Berman (Place 5), Margaret Adams (Place 6), and Gregg Formella (Place 7) with terms expiring May 2012. 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, APPOINTING MEMBERS TO THE PARKS AND RECREATION BOARD AND PROVIDING AN EFFECTIVE DATE. Motion was made to appoint Randy Williamson (Place 4), Sherry Berman (Place 5), Margaret Adams (Place 6), and Gregg Formella (Place 7) with terms expiring May 2012. Motion: Bledsoe Second: Hill Ayes: Bledsoe, Hill, Morris, Muller, Wang, Zito, Terrell Nays: None Approved: 7 -0 Agenda Item No. 8E. Resolution No. 10 -036, Appoint members to the Planning and Zoning Commission. Council appointed Brigham McCown and Joe Lancor with terms expiring May 2012. 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, APPOINTING MEMBERS TO THE PLANNING AND ZONING COMMISSION AND PROVIDING AN EFFECTIVE DATE. Motion was made to appoint Brigham McCown and Joe Lancor with terms expiring May 2012. Motion: Bledsoe Second: Hill Ayes: Bledsoe, Hill, Morris, Muller, Wang, Zito, Terrell Nays: None Approved: 7 -0 REGULAR CITY COUNCIL MEETING MINUTES, AUGUST 3, 2010 Page 7 of 8 Agenda Item No. 8K. Resolution No. 10 -042, Appoint members to the Zoning Board of Adjustment. Council appointed Mike Forman (Place 1), Kate Smith (Place 4), Phyllis Lambert (Place 7, Alternate 2), and Dustin Andrews (Place 9, Alternate 4) with terms expiring May 2012. 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, APPOINTING MEMBERS TO THE ZONING BOARD OF ADJUSTMENT AND PROVIDING AN EFFECTIVE DATE. Motion was made to appoint Mike Forman (Place 1), Kate Smith (Place 4), Phyllis Lambert (Place 7, Alternate 2), and Dustin Andrews (Place 9, Alternate 4) with terms expiring May 2012. 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 12:37 a.m. *An audio recording of this meeting will be permanently retained in the City Secretary's Office. C— i 4) John Terrell Mayor ATTEST: htx. 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