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Item 4A REGULAR CITY COUNCIL MEETING MINUTES: SEPTEMBER 7, 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 I Daniel Cortez, Chief of Fire Services Mike Starr, Emergency Management Coordinator Colleen Crocker, Chief of Police Services Robert Finn, Lieutenant Michael Bedrich, Director of Public Works Robert Price, Operations Manager Chuck Kendrick, Civil Engineer Steve Anderson, 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 5:34 p.m. Agenda Item No. 2. Invocation. Scott Berry gave the invocation. Mayor Terrell led the pledge of allegiance. Agenda Item No. 3. Review and discuss reduction of neighborhood speed limits to 25 miles per hour adopted policy. Director Price presented this item and answered Council discussed this item. Agenda Item No. 4. Parks and Recreation Board Report. Parks Board member Kevin Smith announced upcoming meetings and events. UNOFFICIAL REGULAR CITY COUNCIL MEETING MINUTES, SEPTEMBER 7, 2010 Page 1 of 10 Agenda Item No. 5. Discuss all items on tonigh taken during the Work Session and each item was considered during the Regular Session. Council reviewed the items on the Consent Agenda. Item 4B was removed from 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 6:30 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 6:30 p.m. Executive Session began at 6:43 p.m. and ended at 7:38 p.m. Agenda Item No. 2B. Reconvene. Mayor Terrell reconvened the regular meeting at 7:48 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. 3A2. Proclamation for Polycystic Kidney Disease (PKD) Awareness Month. Mayor Terrell read the proclamation for Polycystic Kidney Disease Awareness Month and presented it to Bruce MacMillan and his daughter, Lauren. Councilmember Morris discussed PKD and announced the PKD Walk would be in Town Square on September 25, 2010. Agenda Item No. 3A 3. Proclamation for National Preparedness Month. Emergency Management Coordinator Crocker presented information on the Southlake Safety Fair to be held on September 25, 2010 at the DPS Headquarters. Mayor Terrell read the proclamation and presented it to Chief Finn, Chief Starr and Emergency Management Coordinator Crocker. Agenda Item No. 3A4. Southlake Arts Council Report. A written report was provided to Council in their packet. Agenda Item No. 3B. . A report was not given. 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. UNOFFICIAL REGULAR CITY COUNCIL MEETING MINUTES, SEPTEMBER 7, 2010 Page 2 of 10 Agenda Item No. 4A. Approve the minutes from the August 17, 2010 regular City Council meeting and the August 24, 2010 City Council work session. The minutes were approved as presented. Agenda Item No. 4B was removed from consent and heard immediately following the public forum. Agenda Item No. 4C. Approve Change Order No. 2 with Quality Excavation for the Quail Creek Neighborhood Sewer in the amount of $60,977.50. A presentation was not made on this item. Agenda Item No. 4D. Resolution No. 10-050, Call a special Local Option Election for May 14, 2011 for the legal sale of all alcoholic beverages, including mixed beverages. City Attorney Sralla and City Manager Yelverton answered questions about this item during the Work Session. As required by Section 501.033 of the Texas Election Code, a copy of the petition that was presented to the City of Southlake on July 30, 2010 will be attached to these minutes. In accordance with Section 4.21 of the City Charter, the caption for this item is listed as follows: A RESOLUTION OF THE CITY OF SOUTHLAKE, TEXAS CALLING FOR A SPECIAL LOCAL OPTION ELECTION PURSUANT TO THE TEXAS ELECTION CODE TO BE HELD ON MAY 14, 2011; DESIGNATING A POLLING PLACE; ESTABLISHING PROCEDURES FOR EARLY VOTING; AUTHORIZING THE CITY SECRETARY TO MAKE SUBMISSIONS TO THE UNITED STATES JUSTICE DEPARTMENT FOR PRE- CLEARANCE APPROVAL; ESTABLISHING OTHER PROCEDURES FOR CONDUCTING THE ELECTION; AND PROVIDING AN EFFECTIVE DATE. Agenda Item No. 8A. Resolution No. 10-049, Appoint members to the Crime Control and Prevention District Board of Directors. Council appointed Bob Mundlin, Craig Sturtevant, and William McGuire to the Crime Control and Prevention District Board of Directors with terms to expire September 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 PERSONS TO SERVE AS THE BOARD OF DIRECTORS FOR THE SOUTHLAKE CRIME CONTROL AND PREVENTION DISTRICT; AND PROVIDING AN EFFECTIVE DATE. Motion was made to approve consent agenda items 4A; 4C; 4D; and 8A to appoint Bob Mundlin, Craig Sturtevant, and William McGuire to the Crime Control and Prevention District Board of Directors with terms to expire September 2012. Motion: Hill Second: Bledsoe Ayes: Bledsoe, Hill, Morris, Muller, Terrell, Wang, Zito Nays: None Approved: 7-0 UNOFFICIAL REGULAR CITY COUNCIL MEETING MINUTES, SEPTEMBER 7, 2010 Page 3 of 10 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. 4B. Approve SV10-018, Variance to the Sign Ordinance No. 704-D for Kaleidoscope of Homes in the Shady Oaks subdivision located at 820 Shady Oaks Drive. Director Baker presented this item to Council. Applicant Kosse Maykus, 608 item. Motion was made to approve SV10-018, Variance to the Sign Ordinance No. 704-D for Kaleidoscope of Homes in the Shady Oaks subdivision located at 820 Shady Oaks Drive granting the requested variances and requiring the applicant to place all signage outside of the right-of-way or on private property. Motion: Hill Second: Morris Ayes: Bledsoe, Hill, Morris, Muller, Terrell, Wang, Zito Nays: None Approved: 7-0 nd Agenda Item No. 6A. Ordinance No. 480-598 (ZA10-039), 2 Reading, Zoning Change and Concept Plan for Southlake Montessori on property being legally described as Lot 4, Block 1, Pecan Creek Addition and being located at 731 Zena Rucker Road. Current Zoning: O-1 Office Zoning District. Requested Zoning: S-P-2 Generalized Site Plan Zoning District. SPIN Neighborhood #9. Planner Cortez presented this item to Council. Applicant Skip Blake After further discussion with City Council, Mr. Blake requested to table this item to the next meeting. nd Motion was made to table Ordinance No. 480-598 (ZA10-039), 2 Reading, Zoning Change and Concept Plan for Southlake Montessori and to continue the public hearing to the September 21, 2010 City Council meeting. Motion: Hill Second: Bledsoe Ayes: Bledsoe, Hill, Morris, Muller, Terrell, Wang, Zito Nays: None Approved: 7-0 nd Agenda Item No. 6B. Ordinance No. 480-533a (ZA10-042), 2 Reading, Zoning Change and Site Plan for School of Rock on property being described as Lot 14, J.G. Allen No. 18 Addition and being located at 3220 West Southlake Boulevard. Current Zoning: S-P-1 Detailed Site Plan District. Requested Zoning: S-P-1 Detailed Site Plan District. SPIN Neighborhood #11. Director Baker presented this item and answered UNOFFICIAL REGULAR CITY COUNCIL MEETING MINUTES, SEPTEMBER 7, 2010 Page 4 of 10 Dean Tarpley, 6921 Delrose Drive, Dallas, Texas and property owner Taran Nandha, 1100 Taylor Street answered , Southlake, Texas questions. 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 LEGALLY DESCRIBED AS LOT 14, J.G. ALLEN NO. 18 ADDITION, AN ADDITION TO THE CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS, ACCORDING TO THE PLAT RECORDED IN CABINET A, SLIDE 12278, PLAT RECORDS, TARRANT COUNTY, TEXAS, BEING APPROXIMATELY 0.85 ACRES, AND MORE FULLY AND COMPLETELY -P- --P-WITH -STUDIOS FOR THE PRACTICE, EDUCATION OR TRAINING IN ACADEMICS, DANCE AND/OR MUSIC AND EXERCISE AS PERMITTED USES, AS DEPICTED ON THE APPROVED SITE PLAN T TO THE SPECIFIC REQUIREMENTS 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. Council discussed this agenda item. No one spoke during the public hearing. nd Motion was made to approve Ordinance No. 480-533a (ZA10-042), 2 Reading, Zoning Change and Site Plan for School of Rock requiring the applicant to complete all landscaping within six months and further stating that the certificate of occupancy will be issued on a temporary basis until the landscaping is completed; requiring the applicant to remove the top portion of the monument sign immediately; requiring that within six months, the applicant will either bring in a whole new plan for the monument sign that is in compliance with our Sign Ordinance or will completely remove it; stating that the applicant will not impede any access to the west pursuant to the cross access easement that exists on the property; requiring applicant to work with city staff to find a suitable substitute for the Mexican Feather Grass indicated in the landscaping plan with other suitable materials; and subject to Site Plan Review Summary No. 3, dated August 31, 2010. Motion: Bledsoe UNOFFICIAL REGULAR CITY COUNCIL MEETING MINUTES, SEPTEMBER 7, 2010 Page 5 of 10 Second: Zito Ayes: Bledsoe, Morris, Terrell, Wang, Zito Nays: Hill, Muller Approved: 5-2 Mayor Terrell called for a break at 9:50 p.m. and reconvened the meeting at 10:07 p.m. nd Agenda Item No. 6C. Ordinance No. 979, 2 Reading, Southlake 2030 West Sector Land Use Plan. Mayor Terrell introduced this item. Staff did not make a presentation. In accordance with Section 4.21 of the City Charter, the caption for this item is listed as follows: AN ORDINANCE ADOPTING THE WEST SECTOR PLAN AS AN ELEMENT OF THE SOUTHLAKE 2030 PLAN, THE No one spoke during the public hearing. nd Motion was made to approve Ordinance No. 979, 2 Reading, Southlake 2030 West Sector Land Use Plan. Motion: Hill Second: Bledsoe Ayes: Bledsoe, Hill, Morris, Muller, Terrell, Wang, Zito Nays: None Approved: 7-0 st Agenda Item No. 6D. Ordinance No. 981, 1 Reading, Approve and adopt the Annual Budget for the Fiscal Year 2011 and approve the revised budget figures for the Fiscal Year 2010 and Multi-year Capital Improvements Plan. Director Jackson presented this item simultaneously with Item 6E Council discussed this item. No one spoke during the public hearing. st Motion was made to approve Ordinance No. 981, 1 Reading, Approve and adopt the Annual Budget for the Fiscal Year 2011 and approve the revised budget figures for the Fiscal Year 2010 and Multi-year Capital Improvements Plan. Motion: Hill Second: Bledsoe Ayes: Bledsoe, Hill, Morris, Muller, Terrell, Wang, Zito Nays: None Approved: 7-0 st Agenda Item No. 6E. Ordinance No. 982, 1 Reading, Tax Levy Ordinance. Director Jackson presented this item simultaneously with Item questions. UNOFFICIAL REGULAR CITY COUNCIL MEETING MINUTES, SEPTEMBER 7, 2010 Page 6 of 10 No one spoke during the public hearing. st Motion was made to approve Ordinance No. 982, 1 Reading, Tax Levy Ordinance. Motion: Hill Second: Bledsoe Ayes: Bledsoe, Hill, Morris, Muller, Terrell, Wang, Zito Nays: None Approved: 7-0 Agenda Item No. 6F. Adopt the FY 2011 Crime Control and Prevention District Operating Budget and Multi-year Capital Improvements Plan. Mayor Terrell introduced this item. Motion was made to approve the FY 2011 Crime Control and Prevention District Operating Budget and Multi-year Capital Improvements Plan. Motion: Hill Second: Bledsoe Ayes: Bledsoe, Hill, Morris, Muller, Terrell, Wang, Zito Nays: None Approved: 7-0 st Agenda Item No. 7A. Ordinance No. 480-534a (ZA10-048), 1 Reading, Zoning Change and Development Plan for Winfield Estates on property being described as Tract 1, 1C and 1C01, Absolom H. Chivers Survey, Abstract No. 299, and being located at 2210 North Carroll Avenue and 1155 and 1107 East Dove Road. Current Zoning: R-PUD Residential Planned Unit Development District. Requested Zoning: R-PUD Residential Planned Unit Development District. SPIN Neighborhood #3. Planner Cortez presented this item to Council. Applicant Greg Powell of questions. Council discussed this item. Mayor Terrell allowed the public to speak. David Barnes, 2110 North Carroll Avenue, Southlake, Texas spoke to the Council regarding fencing and drainage. st Motion was made to approve Ordinance No. 480-534a (ZA10-048), 1 Reading, Zoning Change and Development Plan for Winfield Estates granting the change the fencing requirement along the entire southern boundary of the development garage option as presented this evening; requiring that none of the approved wrought iron fencing will be allowed to have any other material added to it and noting the requiring that on second reading, the applicant will present an additional landscaping buffer to the common area outside Lots 9 and 10 to shield the two car garages from UNOFFICIAL REGULAR CITY COUNCIL MEETING MINUTES, SEPTEMBER 7, 2010 Page 7 of 10 doors as in Estes Park; subject to Staff Report dated August 13, 2010; and subject to Development Plan Review Summary No. 1, dated August 12, 2010. Motion: Hill Second: Morris Ayes: Bledsoe, Hill, Morris, Terrell, Wang, Zito Nays: Muller Approved: 6-1 Agenda Item No. 7B. Ordinance No. 480-597 (advertised as Ordinance No. 480-598) st (ZA10-049), 1 Reading, Zoning Change and Site Plan for Doctor Gist Office on property being described as Lot 1A, Block 1, Emerald Estates South and being located at 2379 North Carroll Avenue. Current Zoning: O-1 Office Zoning District. Requested Zoning: S-P-1 Detailed Site Plan Zoning District. SPIN Neighborhood #2. Planner Cortez presented t Skip Blake and property owner Dr. Greg Gist answered Council Council discussed this request. Motion was made to approve Ordinance No. 480-597 (advertised as Ordinance No. st 480-598) (ZA10-049), 1 Reading, Zoning Change and Site Plan for Doctor Gist Office noting the dumpster enclosure will be matching masonry and stone; noting that the applicant has been asked to bring back a different location for the dumpster in order to be off of the main road; granting the driveway variances; requiring the applicant to further evaluate the landscaping; and subject to Site Plan Review Summary No. 1, dated August 12, 2010. Motion: Hill Second: Bledsoe Ayes: Bledsoe, Hill, Morris, Muller, Terrell, Wang, Zito Nays: None Approved: 7-0 st Agenda Item No. 7C. Ordinance No. 704E, 1 Reading, Amend Ordinance No. 704, the City of Southlake Comprehensive Sign Ordinance, for the purpose of regulating readerboards within the limits of the City of Southlake. Director Baker presented this item to Council. Council discussed this request. st Motion was made to approve Ordinance No. 704E, 1 Reading, Amend Ordinance No. 704, the City of Southlake Comprehensive Sign Ordinance, for the purpose of regulating readerboards within the limits of the City of Southlake. Motion: Hill Second: Muller Ayes: Bledsoe, Hill, Morris, Muller, Terrell, Wang, Zito Nays: None Approved: 7-0 UNOFFICIAL REGULAR CITY COUNCIL MEETING MINUTES, SEPTEMBER 7, 2010 Page 8 of 10 Agenda Item No. 9A. Approve a commercial developer's agreement for the Goddard School located at 435 West Southlake Boulevard with Southlake Noble LLC. Director questions. Mr. Maykus requested to table this item to the next meeting. Motion was made to table the commercial developer's agreement for the Goddard School located at 435 West Southlake Boulevard with Southlake Noble LLC to the September 21, 2010 City Council meeting. Motion: Hill Second: Muller Ayes: Bledsoe, Hill, Morris, Muller, Terrell, Wang, Zito Nays: None Approved: 7-0 Agenda Item No. 9B. Consider SV10-017, Amend the Bicentennial Retail Plaza Conditional Sign Permit for Aleda's Pizza located at 410 West Southlake Boulevard, Suite 110. Motion was made to approve SV10-017, Amend the Bicentennial Retail Plaza Conditional Sign Permit for Aleda's Pizza located at 410 West Southlake Boulevard, italicized font with red trim and removing the beer mug and replacing it with an Motion: Hill Second: Bledsoe Ayes: Bledsoe, Hill, Morris, Muller, Terrell, Wang, Zito Nays: None Approved: 7-0 Agenda Item No. 9C. Approve recommendation of artists to design art for roundabouts and authorize staff to negotiate contracts and final concepts with selected artists. Assistant City Manager / Director Blagg presented this item to Council. Terri Messing Council discussed this item but took no action. Agenda Item No. 9D. Approve Change Order No. 6 for the Neighborhood Improvement Project of Heatherwood Estates, Royal Oaks Addition, and Twin Creeks Addition for additional paving improvements with North Texas Contracting, Inc. in the amount of $75,327. Director Price presented this item to Council. Motion was made to approve Change Order No. 6 for the Neighborhood Improvement Project of Heatherwood Estates, Royal Oaks Addition, and Twin Creeks Addition for additional paving improvements with North Texas Contracting, Inc. in the amount of $75,327. Motion: Hill Second: Muller UNOFFICIAL REGULAR CITY COUNCIL MEETING MINUTES, SEPTEMBER 7, 2010 Page 9 of 10 Ayes: Bledsoe, Hill, Morris, Muller, Terrell, Wang, Zito Nays: None Approved: 7-0 Agenda Item No. 10A. Discuss City Council meeting management. Mayor Terrell introduced this item. Councilmember Wang made some comments and then Council further discussed it. Agenda Item No. 10B. Discuss recommended Sign Ordinance revisions (logos). This item was not discussed. Agenda Item No. 11. Meeting adjourned. Mayor Terrell adjourned the meeting at 1:06 a.m. Office. ______________________________ John Terrell Mayor ATTEST: ______________________________ Lori Payne City Secretary UNOFFICIAL REGULAR CITY COUNCIL MEETING MINUTES, SEPTEMBER 7, 2010 Page 10 of 10