Loading...
Item 4Alug CITY OF SOUTHLAKE TEXAS REGULAR CITY COUNCIL MEETING MINUTES: August 16, 2011 LOCATION 1400 Main Street, Southlake, Texas 76092 City Council Chambers CITY COUNCIL PRESENT Mayor John Terrell, Mayor Pro Tem Brandon Bledsoe, Deputy Mayor Pro Tem Pamela Muller and Councilmembers Carolyn Morris, Jeff Wang, Martin Schelling and Al Zito. CITY COUNCIL ABSENT None STAFF PRESENT City Manager Shana Yelverton, Assistant City Manager Ben Thatcher, Assistant City Manager /Director of Public Safety Jim Blagg, Assistant to the City Manager Alison Ortowski, Communication and Websites Manager Pilar Schank, Director of Economic Development Greg Last, Director of Human Resources Stacey Black, Director of Planning and Development Services Ken Baker, Planner I Clayton Comstock, Planner I Lorrie Fletcher, Chief of Fire Services Mike Starr, Interim Chief of Police Services Rusty Daniels, Director of Public Works Robert Price, City Attorney Tim Sralla, and City Secretary Alicia Richardson. WORK SESSION 1. CALL TO ORDER The Work Session was called to order by Mayor Terrell at 5:35 p.m. 2. INVOCATION Mr. Zack Polyak with Southlake Baptist Church gave the invocation. Mayor Terrell led the pledge of allegiance. Mayor Terrell advised that Council would move to item 4. 4. ORDINANCE NO. 880 -B - REVISIONS TO CHAPTER 9.5 OF THE CITY OF SOUTHLAKE'S CITY CODE ARTICLE IV - GAS AND OIL WELL DRILLING AND PRODUCTION. Director of Planning and Development Ken Baker presented item for Council. The presentation included a summary of the changes discussed at the August 2, 2011 City Council work session. As requested by Council, Mr. Baker provided a comparison of oil and gas well ordinance regulations for Southlake and the Town of Flower Mound. Mr. REGULAR CITY COUNCIL MEETING MINUTES, August 16, 2011 Page 1 of 12 Baker informed Council the discussion regarding setbacks would be addressed at the September 6, 2011 meeting. Council and staff discussed the proposed changes and provided comments to Mr. Baker. Council directed staff to incorporate the changes as discussed and bring forward a revised ordinance at the August 23, 2011 meeting. 3. WATER SYSTEM STATUS UPDATE. Director of Public Works Bob Price provided an update on the City's water system and the city's decision to initiate Stage 1 water restrictions. In attendance with Mr. Price were Operations Manager Chuck Kendrick, Water Supervisor Kyle Flanagan, and Environmental Coordinator Christi Upton. Mr. Price's presentation included a historical review of the city's water infrastructure investments; Stage 1 restrictions, water usage comparison between 2009 and August 8, 2011; ongoing system improvements; and the Water Irrigation System Evaluations (W.I.S.E. Guys) program that provides Southlake residents with a comprehensive evaluation on their irrigation system. 4. ORDINANCE NO. 880 -B - REVISIONS TO CHAPTER 9.5 OF THE CITY OF SOUTHLAKE'S CITY CODE ARTICLE IV - GAS AND OIL WELL DRILLING AND PRODUCTION. Council discussed this item earlier in the evening. 5. DISCUSS ALL ITEMS ON TONIGHT'S MEETING AGENDA. NO ACTION WILL BE TAKEN AND EACH ITEM WILL BE CONSIDERED DURING THE REGULAR SESSION. No action will be taken and each item will be considered during the Regular Session. Mayor Terrell read the consent agenda items. Mayor Pro Tem Bledsoe advised that he would abstain from voting on the June 27 -28, 2011 City Council June Retreat minutes. Council member Zito commented that he would abstain from voting on the June 28, 2011 City Council June Retreat minutes. The consensus of Council was to move Items 7A and 9B to the consent agenda. Mayor Terrell announced that he received two public comment cards pertaining to item 4D. Mayor Terrell advised that he would allow public comments. Mr. Pat Fritchie, 218 Westwood Drive, spoke about the road and wall going in at 207 Westwood. He commented on the funds that Woodland Heights HOA will allocate for the construction of the wall. REGULAR CITY COUNCIL MEETING MINUTES, August 16, 2011 Page 2 of 12 Mr. Ray Grupp, 222 Westwood Drive, spoke in opposition of the item. Mr. Grupp advised that he was not aware of the road and wall construction. The first he heard of the project was last Friday. At the request of Mayor Terrell, Director of Public Works Bob Price provided a status update on the project. Mr. Price informed the public and Council that a SPIN meeting was held on November 9, 2009. At this meeting, two options were presented and the residents in attendance chose the north option (located between commercial and residential property). REGULAR SESSION 1. CALL TO ORDER The Regular Session of the City Council was called to order by Mayor Terrell at 7:17 p.m. 2A. EXECUTIVE SESSION Mayor Terrell announced that 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 7:17 p.m. Executive Session began at 7:28 p.m. and concluded at 8:25 p.m. 2B. RECONVENE Mayor Terrell reconvened the regular meeting at 8:35 p.m. and asked if any action was necessary from Executive Session. There was no action needed as result of Executive Session. 3. REPORTS A. Mayor's Report — Update of upcoming meetings and events Mayor Terrell announced upcoming meetings and events. B. City Manager's Report — None. REGULAR CITY COUNCIL MEETING MINUTES, August 16, 2011 Page 3of12 4. CONSENT AGENDA (Items 4A -J) Consent Agenda items are considered to be routine by the City Council and are enacted with one motion. Mayor Terrell read the Consent Agenda items into the record. 4A. APPROVE THE MINUTES FROM THE JUNE 27 -28, 2011 CITY COUNCIL JUNE RETREAT AND THE AUGUST 2, 2011 REGULAR CITY COUNCIL MEETING. Mayor Pro Tem Bledsoe abstained from the June 27 -28, 2011 City Council June Retreat minutes. Council member Zito commented that he would abstain from voting on the June 28, 2011 City Council June Retreat minutes. 4B. APPROVE THE PURCHASE OF RIGHT OF WAY AND EASEMENTS FOR WOODLAND HEIGHTS CONNECTOR IMPROVEMENTS FROM PROPERTY AT 2121 EAST SOUTHLAKE BOULEVARD IN THE AMOUNT OF $74,085. 4C. ORDNANCE NO. 1011, 1 ST READING, APPROVING A NEGOTIATED RESOLUTION BETWEEN THE ATMOS CITIES STEERING COMMITTEE ( "ACSC" OR "STEERING COMMITTEE ") AND ATMOS ENERGY CORP., MID - TEX DIVISION ( "ATMOS MID -TEX" OR "COMPANY ") REGARDING THE COMPANY'S FOURTH ANNUAL RATE REVIEW MECHANISM ( "RRM ") FILING IN ALL CITIES EXERCISING ORIGINAL JURISDICTION; DECLARING EXISTING RATES TO BE UNREASONABLE; ADOPTING TARIFFS THAT REFLECT RATE ADJUSTMENTS CONSISTENT WITH THE NEGOTIATED SETTLEMENT AND FINDING THE RATES TO BE SET BY THE ATTACHED TARIFFS TO BE JUST AND REASONABLE; REQUIRING THE COMPANY TO REIMBURSE CITIES' REASONABLE RATEMAKING EXPENSES; REPEALING CONFLICTING RESOLUTIONS OR ORDINANCES; DETERMINING THAT THIS ORDINANCE WAS PASSED IN ACCORDANCE WITH THE REQUIREMENTS OF THE TEXAS OPEN MEETINGS ACT; ADOPTING A SAVINGS CLAUSES; DECLARING AN EFFECTIVE DATE; AND REQUIRING DELIVERY OF THIS ORDINANCE TO THE COMPANY AND THE STEERING COMMITTEE'S LEGAL COUNSEL. (IF APPROVED AT 1ST READING, THE PUBLIC HEARING FOR THIS ITEM WILL BE HELD ON SEPTEMBER 6, 2011.) 4D. APPROVE THE PURCHASE OF RIGHT OF WAY AND EASEMENTS FOR WOODLAND HEIGHTS CONNECTOR IMPROVEMENTS FROM PROPERTY AT 205 WESTWOOD DRIVE IN THE AMOUNT OF $110,715. Director of Public Works Bob Price provided an update on the project during work session. 4E. RESOLUTION NO. 11 -040, APPOINTMENT OF PLANNING & ZONING COMMISSIONERS TO THE SOUTHLAKE 2030 MOBILITY PLAN COMMITTEE REGULAR CITY COUNCIL MEETING MINUTES, August 16, 2011 Page 4of12 AND THE SOUTHLAKE 2030 WATER, WASTEWATER, AND STORMWATER MASTER PLAN COMMITTEE. 4F. ORDINANCE NO. 1013, 1 ST READING, AN ORDINANCE AMENDING CHAPTER 2, ARTICLE X, SECTION 2 -421 OF THE CITY OF SOUTHLAKE CODE TO PROVIDE THE DIRECTOR OF PLANNING AND DEVELOPMENT SERVICES OR HIS OR HER DESIGNEES WITH THE POWER TO ISSUE CITATIONS FOR VIOLATION OF THE CITY CODE. (IF APPROVED AT 1ST READING, THE PUBLIC HEARING FOR THIS ITEM WILL BE HELD ON SEPTEMBER 6, 2011.) 4G. ORDINANCE NO. 480 -439, (ZA11 -027), 2 ND READING, ZONING CHANGE AND SITE PLAN /CONCEPT PLAN FOR CORNERSTONE BUSINESS PARK ON PROPERTY DESCRIBED AS LOT 1R, 2R1 R, 3R, 5R1 AND 4R, BLOCK 5, CORNERSTONE BUSINESS PARK, SOUTHLAKE, TARRANT COUNTY, TEXAS AND BEING LOCATED AT 305, 405, 415, 505 AND 515 SOUTH NOLEN DRIVE, SOUTHLAKE, TEXAS. CURRENT ZONING: S -P -2 - GENERAL SITE PLAN DISTRICT WITH 11 - LIGHT INDUSTRIAL USES. REQUESTED ZONING: S -P -2 - GENERAL SITE PLAN DISTRICT WITH 11 - LIGHT INDUSTRIAL USES. SPIN NEIGHBORHOOD #8. THIS ITEM WAS PUBLISHED FOR A PUBLIC HEARING ON AUGUST 16, 2011. THE ITEM HAS BEEN ADMINISTRATIVELY TABLED INDEFINITELY. 4H. ORDINANCE NO. 480 -497A (ZA11 -025), 2 ND READING, ZONING CHANGE AND SITE PLAN FOR KIMBALL CROSSING ON PROPERTY DESCRIBED AS LOTS 1 AND 2, BLOCK 1, ETHAN ALLEN 1709 ADDITION, SOUTHLAKE, TARRANT COUNTY, TEXAS AND A PORTION OF TRACT 1132, JOHN A. FREEMAN SURVEY, ABSTRACT NO. 529 AND BEING LOCATED AT 2171, 2175 AND 2185 EAST SOUTHLAKE BOULEVARD, SOUTHLAKE, TEXAS. CURRENT ZONING: S -P -1 - DETAILED SITE PLAN DISTRICT AND B1 - BUSINESS SERVICE PARK DISTRICT. REQUESTED ZONING: S -P -1 - DETAILED SITE PLAN DISTRICT. SPIN NEIGHBORHOOD #8. THE APPLICANT HAS REQUESTED TO TABLE THIS ITEM AND THE PUBLIC HEARING TO THE SEPTEMBER 6, 2011 CITY COUNCIL MEETING. 41. ZA10 -026, PLAT REVISION FOR LOT 1, BLOCK 1, KIMBALL CROSSING BEING A REVISION OF PROPERTY DESCRIBED AS LOTS 1 AND 2, BLOCK 1, ETHAN ALLEN 1709 ADDITION, SOUTHLAKE, TARRANT COUNTY, TEXAS AND A PORTION OF TRACT 1132, JOHN A. FREEMAN SURVEY, ABSTRACT NO. 529 AND BEING LOCATED AT 2175 AND 2185 EAST SOUTHLAKE BOULEVARD, SOUTHLAKE, TEXAS. CURRENT ZONING: S -P -1 - DETAILED SITE PLAN DISTRICT AND B1 - BUSINESS SERVICE PARK DISTRICT. PROPOSED ZONING: S -P -1 - DETAILED SITE PLAN DISTRICT. SPIN NEIGHBORHOOD # 8. THE APPLICANT HAS REQUESTED TO TABLE THIS ITEM AND THE PUBLIC HEARING TO THE SEPTEMBER 6, 2011 CITY COUNCIL MEETING. REGULAR CITY COUNCIL MEETING MINUTES, August 16, 2011 Page 5 of 12 4J. ORDINANCE NO. 480 -605 (ZA10 -067), 1 ST READING, ZONING CHANGE AND SITE PLAN FOR WATERMERE MEDICAL PLAZA ON PROPERTY DESCRIBED AS LOT 1, BLOCK 1, SLAYTON ADDITION, SOUTHLAKE, TARRANT COUNTY, TEXAS AND BEING LOCATED AT 2813 WEST SOUTHLAKE BOULEVARD, SOUTHLAKE, TEXAS. CURRENT ZONING: SF- 1A — SINGLE FAMILY RESIDENTIAL DISTRICT. REQUESTED ZONING: 01 — OFFICE DISTRICT. SPIN NEIGHBORHOOD #11. CITY COUNCIL TABLED THIS ITEM AT THEIR AUGUST 2, 2011 MEETING. THE APPLICANT HAS REQUESTED TO TABLE THIS ITEM AND THE PUBLIC HEARING TO THE SEPTEMBER 6, 2011 CITY COUNCIL MEETING. As discussed in early work session, Items 7A and 9B were moved to the consent agenda. A motion was made to approve the consent agenda, including Items 7A and 9B. Mayor Pro Tem Bledsoe abstained from the June 27 -28, 2011 City Council June Retreat minutes and Council member Zito abstained from voting on the June 28, 2011 City Council June Retreat minutes. Motion: Bledsoe Second: Morris Ayes: Bledsoe, Morris, Muller, Schelling, Terrell, Zito, Wang Nays: None Approved: 7 -0 REGULAR AGENDA: 5. PUBLIC FORUM Mayor Terrell opened the public forum. Mr. Pat Moore, 1221 Morgan Road, spoke about the unreliable service of their electric service provider in their neighborhood. He was present to enlist Council's assistance regarding the service provided by Oncor. City Manager Shana Yelverton informed Council that staff was notified of the issue and Assistant City Manager Ben Thatcher has been in contact with Oncor's representative. Mr. Dave Beeson, 1334 Forest Lane, spoke about the service provided by Oncor. Mr. Beeson asked Council if the city can approve an ordinance identifying time limits to restore service. Mayor Terrell commented that staff would work with the electric service provider to address their concerns. REGULAR CITY COUNCIL MEETING MINUTES, August 16, 2011 Page 6 of 12 Mr. Steve Perry, 1356 Woodbrook Lane, spoke about the electric outages in their neighborhood. He commented that he always has outages and adjacent neighbors with Tri- County do not experience the same outages. Mr. Perry thanked Ben Thatcher for his assistance in putting him in touch with an Oncor representative. Mr. Perry asked for Council's assistance to address his concern. Ms. Fran Halbouty, 1355 Woodbrook Lane, did not wish to speak, but was present to notify Council of the electric outages in her neighborhood. Mr. Charles Griffith, 2718 York Court, spoke about the approval process of the oil and gas well ordinance. He asked Council to move forward with the ordinance. Mr. George and LouAnn Heath, 1351 Lakeview Drive, did not wish to speak, but advised they are concerned with the power outages. Mr. Bill Spivey, 1520 Randol Mill, advised that he is representing Randol Mill East Group (RMEG), which is a mineral rights group. He stated that RMEG is in favor of responsible, safe drilling and against the taking of mineral rights. Mr. Michael Guidotti, 1301 Province Lane, spoke about the economics of natural gas drilling. Mr. Greg Standerfer, 1130 North Carroll Avenue, spoke about the water conservation and the city's lack of infrastructure to provide water resources. Mr. Standefer also spoke about the oil and gas well ordinance. Ms. Cynthia Day, 1620 Byron Nelson Parkway, spoke about the oil and gas well ordinance and use of city water. Ms. Day is not in favor of the city providing water. Mr. Gordon Aalund, 200 East Chapel Downs, spoke in support of the city adopting as close a model of the Town of Flower Mound oil and gas well ordinance. There being no one else wishing to speak, Mayor Terrell closed the public forum. 6. ORDINANCES, SECOND READINGS, PUBLIC HEARINGS, AND RELATED ITEMS: 6A. ORDINANCE NO. 480 -GGGG, 2 ND READING, BEING AN AMENDMENT TO ZONING ORDINANCE NO. 480, AS AMENDED, AS IT PERTAINS TO PERSONAL CARE FACILITIES, INCLUDING NURSING AND CARE HOMES. PUBLIC HEARING APPROVED Planner II Clayton Comstock presented item to council and was available to answer questions from Council. REGULAR CITY COUNCIL MEETING MINUTES, August 16, 2011 Page 7 of 12 The Council had considerable discussion regarding assisted living facilities. Mayor Terrell opened the public hearing and asked for anyone wishing to speak on the item to come forward. There being no one else wising to speak, Mayor Terrell closed the public hearing. A motion was made to approve 480 -GGGG, 2 nd reading, being an amendment to Zoning Ordinance No. 480, with the stipulation to change the minimum square footage of the Type B efficiency unit to 250 square foot and the specific use language for Assisted Living Facilities to read as follows: "May be located in transitional areas adjacent to low and medium density residential developments when compatible and shall be subject to the requirements set forth in Section 45.9 of this ordinance. (As amended by Ordinance No. 480 -Y.) ". Motion: Bledsoe Second: Morris Ayes: Bledsoe, Morris, Muller, Terrell, Schelling, Zito, Wang Nays: None Approved: 7 -0 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; AS IT PERTAINS TO PERSONAL CARE FACILITIES, INCLUDING NURSING AND CARE HOMES; 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 PAMPHLET FORM; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE. 6B. ZA11 -031, SITE PLAN FOR DUNKIN' DONUTS ON PROPERTY DESCRIBED AS LOT 3R2, BLOCK 1, SOUTHLAKE CROSSING PHASE I, SOUTHLAKE, TARRANT COUNTY, TEXAS AND BEING LOCATED AT 2255 WEST SOUTHLAKE BOULEVARD, SOUTHLAKE, TEXAS. CURRENT ZONING: C -3 - GENERAL COMMERCIAL DISTRICT. SPIN NEIGHBORHOOD # 10. PUBLIC HEARING APPROVED Planner II Clayton Comstock presented item to Council and was available to answer questions. Mr. Comstock's review included future land use designation, current zoning and proposed zoning for property, site plan, elevation plan, and landscape plan. Mr. Comstock outlined the variances requested by the applicant. The Planning and Zoning REGULAR CITY COUNCIL MEETING MINUTES, August 16, 2011 Page 8 of 12 Commission at their August 4, 2011 meeting, approved the variance by a vote of 4 -0, to allow the wood columns to be used and subject to the staff report dated July 29, 2011. The applicant has revised the trellis /pergola detail to show concrete pergola footers clad in stucco to match the remainder of the building. Council member Wang left the meeting at 9:43 p.m. and returned at 9:46 p.m. Applicant Tom Loscheider, 1028 Cove Meadow Court, Cedar Hill, Texas presented item and was available to answer questions from Council. Council and applicant discussed the requested variances, landscaping and site plan. Council member Morris left the meeting at 10:13 p.m. and returned at 10:18 p.m. Mayor Terrell opened the public hearing and asked for anyone wishing to speak on the item to come forward. There being no one else wising to speak, Mayor Terrell closed the public hearing. A motion was made to approve ZA11 -031, Site Plan for Dunkin Donuts, waiving the masonry requirement for the trellis and replacing with wood columns pursuant to the pergola detail provided in the staff report; waiving the trash receptacle enclosure height requirement, subject to the reduction of that requirement to accommodate one trash receptacle and having appropriate landscaping (at least be 6' in height) and screening (lower shrubs surrounding the enclosure) on the northern side of the receptacle; the applicant will add appropriate signage with the new interior drive through access for traffic control purposes; and pursuant to the staff report dated July 29, 2011. Motion: Bledsoe Second: Zito Ayes: Bledsoe, Morris, Schelling, Terrell, Zito, Wang Nays: Muller Approved: 6 -1 Mayor Terrell recessed the meeting at 10:22 p.m Mayor Terrell reconvened the meeting at 10:32 p.m. all members present except Council member Zito. 7. ORDINANCES, FIRST READINGS, AND RELATED ITEMS: 7A. ORDINANCE NO. 1009, 1 ST READING, APPROVE CARROLL /1709 SMALL AREA PLAN, A COMPONENT OF THE SOUTHLAKE 2030 LAND USE PLAN. (IF APPROVED AT 1ST READING, THE PUBLIC HEARING FOR THIS ITEM WILL BE HELD ON SEPTEMBER 6, 2011.) APPROVED REGULAR CITY COUNCIL MEETING MINUTES, August 16, 2011 Page 9 of 12 This item was considered and approved with the consent agenda. 7B. ORDINANCE NO. 1010, 1 ST READING, APPROVE CROOKED /KIMBALL SMALL AREA PLAN, A COMPONENT OF THE SOUTHLAKE 2030 LAND USE PLAN. (IF APPROVED AT 1ST READING, THE PUBLIC HEARING FOR THIS ITEM WILL BE HELD ON SEPTEMBER 6, 2011.) APPROVED Planner II Clayton Comstock summarized item and was available to answer questions from Council. Council member Zito returned to the meeting at 10:42 p.m. The Council had considerable discussion regarding the proposed small area plan. A motion was made to approve Ordinance No. 1010, 1 St reading for the Crooked /Kimball small area plan, which is a component of the Southlake 2030 land use plan; rejecting the Planning and Zoning Commission recommendation, but leaving the office /commercial area to the north as mixed use; the low density residential cluster to the southwest as presented; and with staff coming back with recommendations regarding flexibility and appropriateness of mixed use as it migrates from the south toward the low density designation, which would encompass a comprehensive planning approach for the changes to the low density clutter recommendation. Motion: Bledsoe Second: Morris Ayes: Bledsoe, Morris, Muller, Schelling, Terrell, Zito, Wang Nays: None Approved: 7 -0 8. RESOLUTIONS: 8A. RESOLUTION NO. 11 -038, APPOINT MEMBERS TO THE ZONING BOARD OF ADJUSTMENT. APPROVED A motion was made to approve Resolution No. 11 -038, appointing Mr. Daniel Kubiak to Alternate 3, term expiring May 2013. Motion: Bledsoe Second: Schelling Ayes: Bledsoe, Morris, Muller, Schelling, Terrell, Zito, Wang Nays: None Approved: 7 -0 REGULAR CITY COUNCIL MEETING MINUTES, August 16, 2011 Page 10 of 12 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. 9. OTHER ITEMS FOR CONSIDERATION: 9A. SV11 -011, VARIANCE TO SIGN ORDINANCE NO. 704 AS AMENDED FOR CHAPEL HILL OFFICE PARK LOCATED AT 211 -281 EAST SOUTHLAKE BOULEVARD, SOUTHLAKE, TEXAS. APPROVED Planner II Clayton Comstock summarized item and was available to answer questions from Council. Applicant John Pickler, 805 Shadow Glenn Drive, presented item and answered questions from Council. A motion was made to approve SV11 -011, variance to Sign Ordinance No. 704 as amended for the Chapel Hill Office Park located at 211 to 281 East Southlake Boulevard; approving the minimum setback variance and minimum separation variance; rejecting the maximum number of tenant panels and limiting the number of tenant panels to six per sign base; the applicant will also include the addresses of the building for each sign panel face and the font will have a consistent character for each tenant panel; and the tenant acknowledges the panel will be up lighted from below the sign structure. Motion: Bledsoe Second: Morris Ayes: Bledsoe, Morris, Muller, Schelling, Terrell, Zito, Wang Nays: None Approved: 7 -0 9B. APPROVE THE PURCHASE OF RIGHT OF WAY FOR FM 1938 PHASE 2 FROM THE PROPERTY AT 1202 RANDOL MILL AVENUE IN THE AMOUNT OF $219,778. OPPPDX /Fn This item was considered and approved with the consent agenda. 10. OTHER ITEMS FOR DISCUSSION: 10A. FY2012 PROPOSED BUDGET— STRATEGIC INVESTMENTS REGULAR CITY COUNCIL MEETING MINUTES, August 16, 2011 Page 11 of 12 Mayor Terrell announced that Council would discuss this item at the August 23, 2011 City Council meeting. 11. MEETING ADJOURNED. Mayor Terrell adjourned the meeting at 11: 48 p.m. *An audio recording of this meeting will be permanently retained in the City Secretary's Office. John Terrell Mayor ATTEST: Alicia Richardson City Secretary REGULAR CITY COUNCIL MEETING MINUTES, August 16, 2011 Page 12 of 12