REGULAR MEETING MINUTES NOVEMBER 14, 2017

Transcription

1 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF SUNSET VALLEY, TEXAS TUESDAY, NOVEMBER 14, :00 P.M. COUNCIL MEMBERS PRESENT STAFF PRESENT Mayor Rose Cardona Rae Gene Greenough, City Secretary Mayor Pro Tem Marc Bruner Clay Collins, City Administrator Council Member Walter Jenkins Sara Wilson, Assistant City Administrator Council Member Ketan Kharod Chief Lenn Carter, Police Dept. Council Member Mickie Powers Katy Phillips, Director of Public Works Council Member Rudi Rosengarten Carolyn Meredith, Environmental Ser. Mgr. Joshua Ronson, PW Operations Manager Doug Young, City Attorney Officer Brownlow 1. Call to order of the City Council. Mayor Cardona called the meeting to order at 6:04 P.M. 2. Pledge of Allegiance. Mayor Cardona led the Pledge of Allegiance. 3. Citizen/Public Communication. Anita Dunn, Austin Curling Center Dennis Dunn, Austin Curling Center Danny Horrigan, 3 Pillow Road Susan Cassano, 795 Oakdale Drive Alfonso Carmona, 1038 Sunflower Trail Helen Besse, 795 Oakdale Drive 4. Staff and Committee reports on subject matters in written report issued on November 9, ) City Administrator Report on subject matters in written report issued on November 9, Clay Collins, City Administrator, reviewed items from the written report. Page 1 of 6

2 ) Police Department Report on subject matters in written report issued on November 9, Chief Carter reviewed items from the written report. 3) Public Works Dept. Report on subject matters in written report issued on November 9, Carolyn Meredith, Environmental Services Manager, reviewed items from the written report. 4) Public Safety Committee Quarterly Report on subject matters in written report issued on November 9, Council Member Kharod added that the committee was involved in the selection of the new Police Chief and new police officers. 5. Council consideration of agenda items for approval on consent. Council Member Powers made a motion to approve agenda items 6 and 7 on consent. Council Member Jenkins seconded the motion. All voted yes and the motion carried. APPROVED ON CONSENT 6. Approval of the minutes from the October 24, 2017 meeting. 7. Consider approval of a request for a Temporary Special Use Permit for the Home Depot to conduct annual Christmas Tree sale at 1200 Home Depot Blvd, to begin November 8, 2017, and to grant an extension to the Home Depot Temporary Special Use Permit beyond the 30 day period. (Mayor Cardona/Administration) 8. Consider approval of a Watershed Variance from Chapter 4 of the Land Development Code at 30 Reese Drive for the addition of 296 square feet of Impervious Cover within the 75 foot buffer of the Critical Water Quality Zone. (Mayor Cardona/Public Works and Environmental Services) - Carolyn Meredith, Environmental Services Manager, gave a presentation. - Council found that: (1) That there are special circumstances or conditions affecting the land involved such that the strict application of the provisions of this Chapter would deprive the applicant of the reasonable and economic use of his land; and (2) That the variance is necessary for the preservation and enjoyment of a substantial property right of the applicant; and (3) That the granting of the variance will not be detrimental to the public health, safety, or welfare, or injurious to other property in the area; and (4) That the granting of the variance will not have the effect of preventing the orderly development of other land in the area in accordance with the provisions of this Chapter; and (5) That the proposal demonstrates water quality will be equal to or better than would have resulted had development proceeded without the variance. Page 2 of 6

3 Council Member Rosengarten made a motion to approve a Watershed Variance from Chapter 4 of the Land Development Code at 30 Reese Drive for the addition of 296 square feet of Impervious Cover within the 75 foot buffer of the Critical Water Quality Zone with the following conditions: (1) Removal of existing concrete patio, (2) Mitigation for storm water runoff as specified in the Sunset Valley Pollution Reduction Manual for a rain garden, and (3) Mitigation conditions must be recorded in a Restrictive Covenant that runs with the property before a building permit is issued. Council Member Jenkins seconded the motion. All voted yes and the motion carried. 9. Consider approval of a request by Petco located at 5400 Brodie Lane, Suite 100 for a variance from the requirements of the Land Development Code Chapter 14 Sign Regulations. (Mayor Cardona/Public Works and Environmental Services). - Joshua Ronson, PW Operations Manager, gave a presentation. - Council found that: 1) There are special circumstances or conditions applying to the land, buildings, topography, vegetation, sign structures or other matters on adjacent lots or within the adjacent rightof way, which would substantially restrict the effectiveness of the sign in question; provided, however, that such special circumstances or conditions are unique to the particular business or enterprise to which the applicant desires to draw attention, and do not apply generally to all businesses or enterprises; 2) That such special circumstances were not created by the applicant or anyone in privy to the applicant; 3) That the granting of the variance will be in general harmony with the purposes of this Chapter, and will not be materially detrimental to the persons residing or working in the vicinity, to adjacent property, to the neighborhood, or to the public welfare in general; 4) The variance applied for does not depart from the provisions of this Chapter any more than is required to identify the applicant s business or use; 5) Such other factors and criteria as the Council deems applicable to the proposed variance. Council Member Rosengarten made a motion to approve a request by Petco located at 5400 Brodie Lane, Suite 100 for a variance from the requirements of the Land Development Code Chapter 14 Sign Regulations. Council Member Jenkins seconded the motion. All voted yes and the motion carried. 10. Public Hearing to consider a request for a Special Use Permit for alcoholic beverages to be sold in a restaurant for on premise consumption under Section 2.503(a) by Red Robin International, Inc., at 5601 Brodie Lane, Suite a) Open Hearing Mayor Cardona opened the Public Hearing at 6:49 P.M. b) Presentation Clay Collins, City Administrator, gave a presentation. c) Citizen comments None d) Close Hearing Mayor Cardona closed the Public Hearing at 6:51 P.M. Page 3 of 6

4 Consider approval of a Special Use Permit for alcoholic beverages to be sold in a restaurant for on premise consumption under Section 2.503(a) by Red Robin International, Inc., at 5601 Brodie Lane, Suite (Mayor Cardona/Administration) Council Member Rosengarten made a motion to approve a Special Use Permit for alcoholic beverages to be sold in a restaurant for on premise consumption under Section 2.503(a) by Red Robin International, Inc., at 5601 Brodie Lane, Suite 1600 Council Member Jenkins seconded the motion. All voted yes and the motion carried. 12. Public Hearing to consider a request for a Special Use Permit for a Medical related Professional Office within the Highway Commercial District by ATI Physical Therapy at 5400 Brodie Lane, Suite 295. a) Open Hearing Mayor Cardona opened the Public Hearing at 6:52 P.M. b) Presentation Clay Collins, City Administrator, gave a presentation. c) Citizen comments None d) Close Hearing Mayor Cardona closed the Public Hearing at 6:53 P.M. 13. Consider approval of a Special Use Permit for a Medical related Professional Office within the Highway Commercial District by ATI Physical Therapy at 5400 Brodie Lane, Suite 295. (Mayor Cardona/Administration) Council Member Rosengarten made a motion to approve a Special Use Permit for a Medicalrelated Professional Office within the Highway Commercial District by ATI Physical Therapy at 5400 Brodie Lane, Suite 295. Council Member Jenkins seconded the motion. All voted yes and the motion carried. 14. Consider authorizing research and preparation of an ordinance to regulate parking of commercial vehicles on residential streets in the City of Sunset Valley. (Councilmember Kharod/Police Department) - Chief Carter presented this item to the City Council. - Citizen Comments: Susan Durso, 6 Pillow Road John Frick, 36 Pillow Road - Council Member Kharod volunteered to continue working on this issue and bring the parking issues back for discussion at a future Council Meeting. CITY COUNCIL TOOK A BREAK AT 7:34 P.M. CITY COUNCIL RETURNED TO THE DAIS AT 7:48 P.M. Page 4 of 6

5 Consider a request from Google Fiber for a variance to allow micro trenching for the installation of fiber optic cable. (Mayor Pro Tem Bruner/Public Works and Environmental Services) - Mayor Cardona made an opening statement clarifying that the City Council was never against Google Fiber. - Public Works Committee voted 4 against/3 for micro trenching for the installation of the fiber optic cable. - Mayor Pro Tem Bruner reported on the Public Works Committee recommendations. - Council Member Rosengarten provided a video of a KXAN news report from about micro trenching. Council Member Jenkins made a motion to approve a variance to allow micro trenching for the installation of fiber optic cable. Council Member Rosengarten seconded the motion. - Citizen Comments: Mayor Cardona reported that several residents had sent s in support of Google Fiber and 1 resident sent an opposing Google Fiber micro trenching. No citizen comments opposing Google Fiber micro trenching, at this time. Randy Rosengarten 25, Yellow Tail Cove, presented a PPT presentation and a petition in support of micro trenching and Google Fiber. Alfonso Carmona, 1038 Sunflower Trail. Kurt Fickie, 15 Yellow Tail Cove Mayor Pro Tem called the question. All voted yes and the motion carried. 16. Consider a recommendation from the Budget, Finance and Administrative Committee to transfer funding from the Visitor Center Reserve Account in the Hotel Occupancy Tax (HOT) Fund to the City Facilities Construction Fund for the purpose of establishing a Visitor Center within the new Public Works Building. The amount of the transfer would be the maximum amount allowed by law for this purpose. (Councilmember Rosengarten/ Administration). - Clay Collins, City Administrator, presented this item to the Council. - Mayor Cardona reported Karen Medicus, 36 Pillow sent an opposing this recommendation as recommended. - Citizen Comments: John Frick, 36 Pillow Road Helen Besse, 795 Oakdale Drive John Bellanca, 3 Yellow Tail Cove Francesco Spadini, 50 Lovegrass Lane Council Member Rosengarten made a motion to instruct staff to continue to research the use of funds from the HOT Funds to build a Visitor Center in the new Public Works Building. The motion died for a lack of a second. Page 5 of 6

6 Council Member Jenkins made a motion to move into Executive Session. Mayor Pro Tem Bruner seconded the motion. All voted yes and the motion carried. Mayor Cardona announced that the Council would go into Executive Session to deliberate any matter listed on this agenda for which an exception to open meetings requirements permit such closed deliberation, including but not limited to consultation with the City s attorneys pursuant to Tex. Gov't Code 551 as announced at the time of the closed session. CITY COUNCIL MOVED INTO EXECUTIVE SESSION AT 8:55 P.M. EX 1: Consult with the City's attorneys regarding claims asserted in Case No. D1 GN alleging Land Development Code violations at 3505 Country White Lane and 6218 Brodie Lane. EX 2: Consult with the City s attorneys regarding claims asserted in Case No. D 1 GN filed by the Austin Curling Center. CITY COUNCIL RETURNED TO THE DAIS AT 9:25 P.M. 17. Take appropriate action, if any, regarding any items discussed in Executive Session. None Council Member Jenkins made a motion to adjourn the meeting. Mayor Pro Tem Bruner seconded the motion. All voted yes and the motion carried. Mayor Cardona adjourned the meeting at 9:26 P.M. Mayor Rose Cardona ATTEST: Rae Gene Greenough City Secretary Minutes approved on. Page 6 of 6