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Item 4A (2)CITY OF SOUTHLAK,E TEXAS REGULAR CITY COUNCIL MEETING MINUTES: OCTOBER 19, 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 Kari Happold, Assistant to the Director of Community Services Candice Sanders, Director of Economic Development Greg Last, Marketing and Tourism Coordinator Jill Lind, 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 Richard Schell, Planner I Lorrie Fletcher, Director of Public Works Robert Price, Deputy Director of Public Works Gordon Mayer, Operations Manager Chuck Kendrick, Civil Engineer Cheryl Taylor, Civil Engineer Steve Anderson, Deputy Chief of Fire Services Bryan Thomas, Deputy Chief of Police Services Rusty Daniels, Firefighter John Ard, Firefighter James Cox, Firefighter Scott Dymond, Lieutenant Shawn Fannan, Engineer Jason Moloney, Engineer Tony Peyton, Firefighter Randy Potter, Engineer Trey Porter, Firefighter Matthew Stacy, Firefighter Jeff Vogel, Sergeant Dwayne Letz, Officer Brian Fitzgerald, 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 Clayton Reed from Southlake Baptist Church International gave the invocation. Mayor Terrell led the pledge of allegiance. Agenda Item No. 3. Presentation of Life Saving Awards Mayor Terrell read a report about a near tragic event that occurred in Southlake on August 7, 2010. Seven year old Rohan Rumalla passed out and went unconscious while playing in a pool. The Mayor presented Life Saving Awards to Southlake DPS members and friends of the Rumalla UNOFFICIAL REGULAR CITY COUNCIL MEETING MINUTES, OCTOBER 19, 2010 Page 1 of 7 family who helped save his life that day: Landri Shelton, Morgan Lorant, Ramesh Srinivasan, Firefighter John Ard, Firefighter James Cox, Firefighter Scott Dymond, Lieutenant Shawn Fannan, Engineer Jason Moloney, Engineer Tony Peyton, Firefighter Randy Potter, Engineer Trey Porter, Firefighter Matthew Stacy, Firefighter Jeff Vogel, Sergeant Dwayne Letz, Officer Brian Fitzgerald, and Officer James Sutton. Rohan's father and mother, Vishnu and Smita, were present to assist the Mayor with the presentation of the awards. Following the Life Saving Awards presentation, the Mayor stated that the Rumalla's have also stated that they wish to make an initial $10,000 donation to the city for a water safety program and $5,000 a year until his daughter graduates high school. The Mayor stated that he has suggested to the Rumalla's of putting these funds towards the Safety Town program. Agenda Item No. 4. Update on Big Game Event Director Tribble discussed holding a pre -event party in Southlake on February 5, 2011 and answered Council's questions regarding the event. 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. Mayor Terrell stated that Agenda Item 3A2 will be heard prior to the Executive Session. Agenda Item No. 3A2. Mayor's Report — Baylor Regional Medical Center at Grapevine update Doug Lawson with Baylor Regional Medical Center at Grapevine presented the State of the Hospital. He discussed existing and upcoming hospital programs as well as potential changes due to healthcare reform. REGULAR SESSION Agenda Item No. 1. Call to order. The Regular Session of the City Council was called to order by Mayor Terrell at 7:12 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 the city 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 7:12 p.m. Executive Session began at 7:36 p.m. and ended at 8:14 p.m. Agenda Item No. 2B. Reconvene Mayor Terrell reconvened the regular meeting at 8:24 p.m. and asked if any action was necessary from Executive Session. No action was necessary. UNOFFICIAL REGULAR CITY COUNCIL MEETING MINUTES, OCTOBER 19, 2010 Page 2 of 7 Agenda Item No. 3A1. Mayor's Report - Update of upcoming meetings and events Mayor Terrell announced upcoming meetings and events. Mayor Pro Tem Hill discussed the October 26, 2010 SPARK meeting. Agenda Item No. 3B. City Manager's Report. There was no report 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 into the record. Agenda Item No. 4A. Approve the minutes from the October 5, 2010 regular City Council meeting and the October 5, 2010 joint work session with City Council and the Planning and Zoning Commission. The minutes were approved as presented. Agenda Item No. 4B. Approve Amendment No. 3 to the existing Professional Services Agreement for design services on the F.M. 1709 sidewalks with Jacobs Engineering Group in the amount of $49,130 A presentation was not made on this item. Agenda Item No. 4C. Approve a Professional Services Agreement for design services on the 20 -inch water line along State Highway 114 from Southlake Town Square to North White Chapel Boulevard with Cheatham & Associates, Inc. in the amount of $134,410 Director Price presented this item to Council during the Work Session. Agenda Item No. 4D. Ordinance No. 598 -E, 1 St Reading, Ordinance No. 598 -E and related exhibits, revising aspects of the Southlake Program for the Involvement of Neighborhoods (SPIN) Code of Conduct and replacing Ordinance No. 598 -D Assistant to the City Manager Ortowski presented this item during the Work Session and answered Council's questions. After discussion, Council directed staff to leave in the last phrase in Section 1.3. Agenda Item No. 4E. Award purchase of paving equipment from Holt Caterpillar, Inc. in the amount of $470,695 through the BuyBoard® government purchasing program A presentation was not made on this item. Agenda Item No. 4F. Ordinance No. 985, 1 St Reading, Dedicate a permanent utility, drainage and wall easement from city -owned park property located at 700 North Kimball Avenue for the purpose of constructing future street improvements. A presentation was not made on this item. Agenda Item No. 4G. Ordinance No. 480 -600 (ZA10 -053), 1 St Reading, Zoning Change and Concept Plan for property being described as Tract 2B2A, William H. Martin Survey, Abstract No. 1068, and being located at 1742 Our Lane. Current Zoning: AG Agricultural District. Requested Zoning: SF -1A Single Family Residential District. SPIN Neighborhood #5 . A presentation was not made on this item. UNOFFICIAL REGULAR CITY COUNCIL MEETING MINUTES, OCTOBER 19, 2010 Page 3 of 7 Agenda Item No. 4H. Ordinance No. 480 -599 (ZA10 -052), 1 St Reading, Zoning Change and Concept Plan for property being described as Lot 1, Block 1, Charles W. Halfman Addition, and Tract 9D6, J.J. Freshour Survey, Abstract No. 521, and being located at 2555 and 2527 Florence Road. Current Zoning: SF -1A Single Family Residential District and AG Agricultural District. Requested Zoning: SF -2 Single Family Residential District. SPIN Neighborhood #11 Planner Schell presented this item during the Work Session and answered Council's questions. Agenda Item No. 41. Ordinance No. 980, 1 St Reading, Southlake 2030 Southeast Sector Land Use Plan Director Baker presented this item during the Work Session and discussed it with Council. Council agreed to approve the plan as presented but directing staff to pull out the properties around South Kimball Avenue and Crooked Lane and address those areas separately as discussed. Mayor Terrell read a comment card from Teresa Thompson, 1395 Hideaway Lane West, Hideaway, Texas who registered opposition but indicated she did not wish to speak. Agenda Item No. 4J. Ordinance No. 480 -598 (ZA10 -039), 2nd 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: 0-1 Office Zoning District. Requested Zoning: S -P -2 Generalized Site Plan Zoning District. SPIN Neighborhood #9 . This item was tabled to the November 2, 2010 City Council meeting at the applicant's request. Motion was made to approve Consent Agenda items 4A; 4B; 4C; 4D and to direct staff to leave in the last phrase in Section 1.3; 4E; 4F; 4G and to include the city attorney's statement: "...the city has previously received requests of a similar nature to allow the rezoning and concept plan approval of a specific tract of land for the development of a single family residential unit and the lot that is proposed for development lies along a non - public access way, a private street or private access drive. As a condition of approval, the City has always considered the granting of a variance to our subdivision regulation ordinance. Our subdivision regulation ordinance requires that all single family lots front on public streets but we have the right to grant variances. The staff would propose that on item 4G that if Council is prepared to approve this zoning change and concept plan that as a condition of the variance that the applicant be required to install or construct a public equivalent water line and system as mandated by our City's development regulations for sites upon which SF -1A zoned property is to be developed. We also include as a caveat of variance approval the acknowledgment by the owner that there is no public street or right -of -way accessing the property and unless the entire tract is consolidated and a complete subdivision plat or plan is submitted, the City will not be constructing and maintaining a public roadway to the site and whatever access the owner has they will have on the private drive or roadway as it currently exists without maintenance support from the city. "; 4H; 41 but directing staff to pull out the properties around South Kimball Avenue and Crooked Lane and address those areas UNOFFICIAL REGULAR CITY COUNCIL MEETING MINUTES, OCTOBER 19, 2010 Page 4 of 7 separately as discussed; and to table item 4J to the November 2, 2010 City Council meeting. Motion: Hill Second: Bledsoe Ayes: Bledsoe, Hill, Morris, Muller, Terrell, Wang, Zito 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. Aaenda Item No. 6B. Resolution No. 10 -055 (ZA10 -055). Specific Use Permit for a Mass Gathering for Home for the Holidays and Tree Lighting event on property being located at Southlake Town Sauare. Current Zonina: DT Downtown District. SPIN Neighborhood #8 . Planner Fletcher presented this item and answered Council's questions. Council discussed this item. Applicant Carla Chase with Inland Southwest Management, LLC answered Council's questions. Monique Schillwood with Greater Southlake Women's Society also addressed 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 HOME FOR THE HOLIDAYS AND FESTIVAL OF TREES ON PROPERTY WITHIN THE CITY OF SOUTHLAKE, TEXAS, LOCATED AT SOUTHLAKE TOWN SQUARE, 1420 DIVISION STREET, BEING DESCRIBED AS SOUTHLAKE TOWN SQUARE, PHASE ONE, 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. 10 -055 (ZA10 -055), Specific Use Permit for a Mass Gathering for Home for the Holidays and Tree Lighting event for a one (1) year period. Motion: Hill Second: Zito Ayes: Bledsoe, Hill, Morris, Muller, Terrell, Wang, Zito Nays: None Approved: 7 -0 Agenda Item No. 6C. ZA10 -056, Site Plan for a shade structure at Eubanks Intermediate School on property being described as Lot 1R, Block 1, CISD No. 4 Addition, and being located at 500 South Kimball Avenue. Current Zoning: CS UNOFFICIAL REGULAR CITY COUNCIL MEETING MINUTES, OCTOBER 19, 2010 Page 5 of 7 Community Service District. SPIN Neighborhood #8 Planner Schell presented this item and answered Council's questions. Applicant Trish McKeel, Assistant Principal of Eubanks Intermediate School, addressed Council's questions. No one spoke during the public hearing. Motion was made to approve ZA10 -056, Site Plan for a shade structure at Eubanks Intermediate School. Motion: Hill Second: Zito Ayes: Bledsoe, Hill, Morris, Muller, Terrell, Wang, Zito Nays: None Approved: 7 -0 Agenda Item No. 6D. Ordinance No. 983, 2nd Reading, Southlake 2030 Central Sector Land Use Plan Director Baker presented this item and 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 ADOPTING THE CENTRAL SECTOR PLAN AS AN ELEMENT OF THE SOUTHLAKE 2030 PLAN, THE CITY'S COMPREHENSIVE PLAN UPDATE. No one spoke during the public hearing. Motion was made to approve Ordinance No. Sector Land Use Plan. Motion: Hill Second: Bledsoe Ayes: Bledsoe, Hill, Morris, Muller, Nays: None Approved: 7 -0 983,2 nd Reading, Southlake 2030 Central Terrell, Wang, Zito Agenda Item No. 9A. Consider SV10 -021, Variance Sign Ordinance No. 704, as amended, for Chase Bank located at 1700 East Southlake Boulevard Planner Fletcher presented this item and answered Council's questions. Applicant Larry Schwartz, 850 Summerdale Road, Summerdale, New Jersey answered Council's questions. Motion was made to approve SV10 -021, Variance Sign Ordinance No. 704, as amended, for Chase Bank located at 1700 East Southlake Boulevard with the requested variances. Motion: Hill Second: Bledsoe Ayes: Bledsoe, Hill, Morris, Terrell, Wang Nays: Muller, Zito Approved: 5 -2 UNOFFICIAL REGULAR CITY COUNCIL MEETING MINUTES, OCTOBER 19, 2010 Page 6 of 7 Agenda Item No. 10A. Discussion: Review recommendations of the DFW Connector Landscaping Plan Director Baker presented this item and answered Council's questions. Director Tribble also addressed Council's questions. Agenda Item No. 11. Meeting adjourned Mayor Terrell adjourned the meeting at 9:40 p.m. *An audio recording of this meeting will be permanently retained in the City Secretary's Office. John Terrell Mayor ATTEST: Lori Payne City Secretary UNOFFICIAL REGULAR CITY COUNCIL MEETING MINUTES, OCTOBER 19, 2010 Page 7 of 7