CITY COUNCIL MEETING SEPTEMBER 1, 2015

Transcription

1 CITY COUNCIL MEETING SEPTEMBER 1, 2015 The Regular City Council Meeting of the City of Keller was held on Tuesday, September 1, 2015, at Keller Town Hall, 1100 Bear Creek Parkway, Keller, Texas. The following City Council Members were present: Mayor Mark Mathews Council Member Debbie Bryan Council Member Armin Mizani Council Member Tom Cawthra Council Member Bill Dodge Council Member Bill Hodnett Mayor Pro Tem Rick Barnes Administrative personnel present were City Manager Mark Hafner, City Secretary Sheila Stephens, City Attorney Stan Lowry, Director of Administrative Services Sakura Moten-Dedrick, Director of Community Services Cody Maberry, Director of Public Services/Economic Development Trina Zais, Director of Public Works Keith Fisher, Director of Human Resources, Carolyn Nivens, Police Chief Michael Wilson, and Fire Chief David Jones. PRE-COUNCIL MEETING A. CALL TO ORDER The Pre-Council meeting was called to order by Mayor Mark Mathews at 5:03 p.m. B. EXECUTIVE SESSION Mayor Mark Mathews adjourned the meeting to Executive Session during the Pre-Council Meeting for the following purposes allowed in Chapter 551 of the Texas Government Code, including Agenda Item H-5 for the consultation with the City Attorney pursuant to Section (2) of the Texas Government Code. 1. Section , Texas Government Code Deliberation Regarding Economic Development Negotiations. (1) To discuss or deliberate regarding commercial or financial information that the governmental body has received from a business prospect that the Page 1 of 14

2 governmental body seeks to have locate, stay, or expand in or near the territory of the governmental body and with which the governmental body is conducting economic development negotiations; or (2) To deliberate the offer of a financial or other incentive to a business prospect described by Subdivision. 2. Section , Texas Government Code - Consultation with attorney to seek advice about pending or contemplated litigation or a settlement offer or other matters permitted by such section. a. Hall vs. City of Keller. b. TCEQ Compliance Requirement. 3. Adjourn into Open Meeting. The Pre-Council Meeting was called back to order by Mayor Mark Mathews. 4. Action on Executive Session Items 1, 2a, and 2b if necessary. C. WORK SESSION Item 1 No action was taken. Item 2a No action was taken. Item 2b No action was taken. No action was taken from the deliberations in Executive Session for Agenda Item H Discuss the naming of the City sponsored holiday event Holly Days. Council Member Bill Dodge addressed the City Council regarding the naming of the City sponsored holiday event Holly Days. Discussion was held by the City Council. 2. Discuss amending the Unified Development Code to allow residential fences along the property line in the side yard setback. Page 2 of 14

3 This item was removed from the Work Session agenda. 3. Discuss and review agenda items. D. ADJOURN The City Council discussed and reviewed the agenda items. The Pre-Council Meeting was adjourned by Mayor Mark Mathews at 6:42 p.m. REGULAR MEETING A. CALL TO ORDER The Regular Meeting was called to order by Mayor Mark Mathews at 7:04 p.m. B. INVOCATION The Reverend Monsignor E. James Hart, Saint Elizabeth Ann Seton Catholic Church, gave the invocation. C. PLEDGE OF ALLEGIANCE 1. Pledge to the United States Flag Mayor Mark Mathews led the Pledge to the United States Flag. 2. Pledge to the Texas Flag - Honor the Texas Flag: I pledge allegiance to Thee, Texas, one State under God, one and indivisible. Mayor Mark Mathews led the Pledge to the Texas Flag. D. PRESENTATION - None E. PERSONS TO BE HEARD This is a time for the public to address the City Council on any subject. However, the Texas Open Meetings Act prohibits the City Council from discussing issues which the public has not been given seventy-two (72) hours notice. Issues raised may be referred to City Staff for research and possible future action. Page 3 of 14

4 Mr. Kenny Rogers, 1730 J.T. Ottinger Road, spoke in opposition to Agenda Item H-5. Mr. Mitch Holmes, 1104 Oak Bend Lane, expressed his thoughts on the conceptual design of the entry portal signs - Agenda Item H-2. Mr. Robert Waters, Jr., 552 Bancroft Road, expressed opposition to Agenda Item G-1 and his concerns with the composition of the Keller Economic Development Board. The following individuals spoke in opposition to Agenda Item G-1: Mr. Troy Laird, 400 Majestic Court; Ms. Mary Beard, 921 Homestead Drive; Mr. Adam Bargar, 920 Homestead Drive; Ms. Elizabeth Lane, 917 Gentle Wind Drive; Michael Lusky, 329 Farm View Trail; Staci Ragsdale, 333 Farm View Trail; Ms. Joan Boyal, 1262 Oak Hill Road; Mr. Trevor Stack, 405 Lavena Court; Ms. Linda Taylor, 1201 Bourland Road; Ms. Michele Moore, 144 Mount Gilead Road; Ms. Linda Campbell, 1201 Johnson Road. Ms. Deb Reed, 653 Bancroft Road, expressed her concerns with the Mayor and the political process. F. CONSENT The next order of business was for the City Council to consider the consent agenda items, which were deemed to need little or no discussion, and were acted upon as one business item. 1. Consider approval of the minutes of the Regular City Council Meeting on Tuesday, August 18, Mayor Pro Tem Rick Barnes made a motion to approve the minutes of the Regular City Council Meeting on Tuesday, August 18, 2015 as proposed. Council Member Armin Mizani seconded the motion. The motion carried unanimously. 2. Consider a resolution authorizing the City Manager to execute an Interlocal Agreement between the Cities of Keller, Southlake, Grapevine and Colleyville, Texas, for participation in the Metroport Teen Court Program, effective October 1, Mayor Pro Tem Rick Barnes made a motion to approve Resolution No authorizing the City Manager to execute an Interlocal Agreement between the Cities of Page 4 of 14

5 G. OLD BUSINESS Keller, Southlake, Grapevine and Colleyville, Texas, for participation in the Metroport Teen Court Program, effective October 1, 2015 as proposed. Council Member Armin Mizani seconded the motion. The motion carried unanimously. 1. Consider a resolution approving an amendment to the Land Use Element of the City of Keller Master Plan to amend the Future Land Use Plan/Map for approximately acres of land, located on the east side of North Main Street (U.S. Hwy. 377) between Mount Gilead Road to the north and Johnson Road to the south. City of Keller, applicant. (LUP ) Council Member Bill Dodge recused himself from agenda Item G-1. Mr. David Hawkins, Planning Manager, gave a presentation relating to an amendment to the Land Use Element of the City of Keller Master Plan to amend the Future Land Use Plan/Map for approximately acres of land, located on the east side of North Main Street (U.S. Hwy. 377) between Mount Gilead Road to the north and Johnson Road to the south. Discussion was held by the City Council. Mr. Greg Last, EDT Best Practices, LLC, addressed the City Council regarding the proposal. Mayor Pro Tem Rick Barnes made a motion to approve Resolution No approving an amendment to the Land Use Element of the City of Keller Master Plan to amend the Future Land Use Plan/Map for approximately acres of land, located on the east side of North Main Street (U.S. Hwy. 377) between Mount Gilead Road to the north and Johnson Road to the south for future land uses as illustrated on Option E as submitted within the attached Exhibit A with the following condition: 1. Areas E, G, H, I, and J on Option E exhibit shall remain as LD-SF (Low Density-Single Family-25,000 square foot lots and greater). Page 5 of 14

6 Council Member Armin Mizani seconded the motion. The motion carried with the following vote: AYES: Mayor Mark Mathews, Council Member Armin Mizani, Council Member Bill Hodnett, and Mayor Pro Tem Rick Barnes. NAYS: Council Member Debbie Bryan and Council Member Tom Cawthra. 2. PUBLIC HEARING: Consider an ordinance approving amendments to the City of Keller Unified Development Code (UDC), adopted by Ordinance No. 1746, dated July 7, 2015, by amending Article 4, Development Procedures and Requirements for Application Submittal, and Article 8, Zoning Districts, Development Standards, Tree Preservation, to address minor revisions and corrections within the City s Unified Development Code; providing a conflicting ordinance clause; authorizing publication; and establishing an effective date. City of Keller, applicant. (UDC ) H. NEW BUSINESS Mayor Mark Mathews noted that City Staff had requested that Agenda Item G-2 be withdrawn. Mayor Mark Mathews recessed the meeting at 8:49 p.m. and called the meeting back to order at 9:00 p.m. Mayor Mark Mathews opened the public hearing. No public comments were received. Mayor Pro Tem Rick Barnes made a motion to close the public hearing. Council Member Bill Dodge seconded the motion. The motion carried unanimously. No action was taken. 1. PUBLIC HEARING: Consider an ordinance approving a Specific Use Permit (SUP) for Legend s Car Wash, a proposed 5,178 square-foot automatic car wash with selfservice vacuum stations, on an approximately 1.42-acre tract of land, located on the south side of Keller Parkway (F.M. 1709), approximately 500 feet east of Bourland Road/Anita Drive, at 788 Keller Parkway, being a portion of land out of the Pamela Allen Survey, Page 6 of 14

7 Abstract No. 28, and zoned R (Retail). Amicus Development Group, LLC., applicant. Estate of Mildred Montgomery, owner. (SUP ) Mr. David Hawkins, Planning Manager, gave a presentation relating to approving a Specific Use Permit (SUP) for Legend s Car Wash, a proposed 5,178 square-foot automatic car wash with self-service vacuum stations, on an approximately 1.42-acre tract of land, located on the south side of Keller Parkway (F.M. 1709), approximately 500 feet east of Bourland Road/Anita Drive, at 788 Keller Parkway. Mr. Ronnie L. Corbin, Amicus Development Group, and Mr. Robert Brenneman, Acoustics Consultant, addressed the City Council regarding the proposal. Mayor Mark Mathews opened the public hearing. Mr. Gary Montgomery, 790 Keller Parkway; and Mr. Travis Boren, 690 Wisteria Drive; spoke in support of the request for a Specific Use Permit (SUP) for Legend s Car Wash. The following individuals spoke in opposition of the proposal: Ms. Lou Marchant, 137 Chandler Road; Ms. Mary Taylor, 645 E. Hill Street; Ms. Joyce Hood, 701 E. Hill Street; and Mr. Bryan Campbell, 1201 Johnson Road. Council Member Bill Dodge made a motion to close the public hearing. Mayor Pro Tem Rick Barnes seconded the motion. The motion carried unanimously. Discussion was held by the City Council. Council Member Armin Mizani made a motion to approve Ordinance No approving a Specific Use Permit (SUP) for Legend s Car Wash, a proposed 5,178 square-foot automatic car wash with self-service vacuum stations, on an approximately 1.42-acre tract of land, located on the south side of Keller Parkway (F.M. 1709), approximately 500 feet east of Bourland Road/Anita Drive, at 788 Keller Parkway, being a portion of land out of the Pamela Allen Survey, Abstract No. 28, and zoned R (Retail) with the following conditions: Page 7 of 14

8 1. The variance to have the bay door for the proposed automatic car wash exit door to face Keller Parkway shall be allowed. 2. The variance to allow a ten-foot (10 ) screening wall, which will appear to be eight feet (8 ) in height from the south side through the use of a berm to be allowed. 3. The variance to Section 9.03 (F.3.j) of the UDC to waive the required five-foot (5 ) foundation planting shall be allowed. 4. The variance for twenty-two (22) parking spaces; nineteen (19) under the vacuum canopies and three (3) parking spaces for staff shall be allowed. 5. Hours of operation shall be limited to 8 a.m. to 9 p.m. 6. A fountain will be installed in the pond on the south side of the property by the applicant. 7. Gates shall be used to secure the site at night but will not block cross access easements. 8. The vacuum system shall be installed underground and any above ground component will be fully enclosed. 9. Landscaping materials shall be provided at minimum in the quantity shown in Exhibit A to ensure buffering and screening. 10. Strobe lights shall be used in lieu of the safety horn, conditional on the approval by state and federal safety regulations and/or agencies. Council Member Bill Dodge seconded the motion. The motion carried with the following vote: AYES: Mayor Mark Mathews, Council Member Armin Mizani, Council Member Bill Dodge, Council Member Bill Hodnett, and Mayor Pro Tem Rick Barnes. Page 8 of 14

9 NAYS: Council Member Debbie Bryan and Council Member Tom Cawthra. 2. Consider a resolution adopting the conceptual design for entry portal signage from Babendure Design Group, of Dallas, Texas, for the future use for final design and construction of entry portal signage. Agenda Item H-2 was moved to the consent agenda. Mayor Pro Tem Rick Barnes made a motion to approve Resolution No adopting the conceptual design for entry portal signage from Babendure Design Group, of Dallas, Texas, for the future use for final design and construction of entry portal signage as proposed. Council Member Armin Mizani seconded the motion. The motion carried unanimously. 3. Consider a resolution approving a variance to the City of Keller Unified Development Code, Article 8, Zoning Districts, Development Standards, Tree Preservation, Section 8.03 (Q.5.e), Old Town Keller (OTK) Zoning District, Signage requirements, for 238 N. Main Street, a 4,500 square-foot multi-tenant building, located on a 0.29-acre lot on the southeast corner of the North Main Street (U.S. Highway 377) and Lorine Street intersection, being Lots 9 & 10, Block 1, Johnson Addition, at 238 North Main Street, and zoned OTK (Old Town Keller). Mike Lemmon, owner. Shauna VanDyke, applicant. (UDC ) Mr. David Hawkins, Planning Manager, gave a presentation relating to approving a variance to the City of Keller Unified Development Code, Article 8, Zoning Districts, Development Standards, Tree Preservation, Section 8.03 (Q.5.e), Old Town Keller (OTK) Zoning District, Signage requirements, for 238 N. Main Street, a 4,500 squarefoot multi-tenant building, located at 238 North Main Street. Council Member Bill Dodge made a motion to deny Agenda Item H-3. Mayor Pro Tem Rick Barnes seconded the motion. The motion carried unanimously. 4. Consider a resolution approving variances to the City of Keller Unified Development Code, Article 8, Zoning Districts, Development Standards, Tree Preservation, Page 9 of 14

10 Section 8.02, Administration, and Article 8, Section 8.07, Off-Street Parking and Loading Requirements, for a carport on a legal non-conforming property, located on 0.23 acres of land on the northeast corner of E. Vine Street and Elm Street, being Tract 9C, out of the Samuel Needham Survey, Abstract No. 1171, at 201 East Vine Street, and zoned Old Town Keller (OTK). Joyce Roach, owner/applicant. (UDC ) Mr. David Hawkins, Planning Manager, gave a presentation relating to approving variances to the City of Keller Unified Development Code, Article 8, Zoning Districts, Development Standards, Tree Preservation, Section 8.02, Administration, and Article 8, Section 8.07, Off-Street Parking and Loading Requirements, for a carport on a legal non-conforming property, located at 201 East Vine Street. Ms. Joyce Roach, owner/applicant, addressed the City Council regarding the proposal. Mayor Pro Tem Rick Barnes made a motion to approve Resolution No approving variances to the City of Keller Unified Development Code, Article 8, Zoning Districts, Development Standards, Tree Preservation, Section 8.02, Administration, and Article 8, Section 8.07, Off-Street Parking and Loading Requirements, for a carport on a legal non-conforming property, located on 0.23 acres of land on the northeast corner of E. Vine Street and Elm Street, being Tract 9C, out of the Samuel Needham Survey, Abstract No. 1171, at 201 East Vine Street, and zoned Old Town Keller (OTK) with the following conditions: 1. The variance request to allow the expansion of a legal non-conforming use by allowing a carport to be constructed shall be allowed. 2. The variance request to allow a gravel driveway in lieu of a concrete driveway shall be allowed. Council Member Bill Dodge seconded the motion. The motion carried unanimously. 5. Consider a resolution approving a Preliminary Plat for Ottinger Place, a proposed residential subdivision consisting of eight (8) residential lots and one (1) Page 10 of 14

11 open space lot, located on a 8.08-acre tract of land, being Tracts 9b and 9b01a out of the Jesse Gibson Survey, Abstract No. 592, located on the east side of Ottinger Road, approximately 1,010 feet north of Knox Road, at 2035 and 2075 Ottinger Road, and zoned SF-36 (Single Family Residential-Low Density-36,000 square foot minimum). Garner Trust, Owner. Silveroak Land Development, applicant. Spry Surveyors, surveyor. Hamilton Duffy, PC, engineer. (PP ) Mr. David Hawkins, Planning Manager, gave a presentation relating to a Preliminary Plat for Ottinger Place, a proposed residential subdivision consisting of eight (8) residential lots and one (1) open space lot, located on a 8.08-acre tract of land, being Tracts 9b and 9b01a out of the Jesse Gibson Survey, Abstract No. 592, located on the east side of Ottinger Road, approximately 1,010 feet north of Knox Road, at 2035 and 2075 Ottinger Road. Mr. Kelly Dykes, Silveroak Land Development, addressed the City Council regarding the proposal. Discussion was held by the City Council. Council Member Bill Dodge made a motion to approve a resolution approving a Preliminary Plat for Ottinger Place, a proposed residential subdivision consisting of eight (8) residential lots and one (1) open space lot, located on a 8.08-acre tract of land, being Tracts 9b and 9b01a out of the Jesse Gibson Survey, Abstract No. 592, located on the east side of Ottinger Road, approximately 1,010 feet north of Knox Road, at 2035 and 2075 Ottinger Road, and zoned SF-36 (Single Family Residential-Low Density-36,000 square foot minimum) with the following conditions and criteria: Conditions: 1. The variance request to waive the installation of the four-foot (4 ) sidewalk along the north side of Magner Way shall be allowed. 2. The variance request to allow the cul-de-sac to be greater than six-hundred feet (600 ) in length shall be allowed. Page 11 of 14

12 3. The trees along the north side of Magner Way shall be preserved. Criteria: a. That there are special circumstances or conditions affecting the land involved such that the strict application of the provisions of this Code would deprive the applicant of the reasonable use of his land. b. That the granting of the variance will not be detrimental to the public health, safety or welfare, or injurious to other properties in the area. c. That the granting of the variance will not have the effect of preventing the orderly subdivision of other lands in the area in accordance with the provisions of this Code. d. That the granting of the variance will not constitute a violation of any other valid ordinance of the City of Keller. e. That strict compliance with the regulations, and/or that the purpose of the regulations will be served to a greater extent by the alternative proposal. Mayor Mark Mathews seconded the motion. The motion failed with the following vote: AYES: NAYS: Mayor Mark Mathews and Council Member Bill Dodge. Council Member Debbie Bryan, Council Member Armin Mizani, Council Member Tom Cawthra, Council Member Bill Hodnett, and Mayor Pro Tem Rick Barnes. Council Member Debbie Bryan made a motion to deny Agenda Item H-5. Council Member Bill Hodnett seconded the motion. The motion failed with the following vote: AYES: Council Member Debbie Bryan, Council Member Bill Hodnett, and Mayor Pro Tem Rick Barnes. Page 12 of 14

13 NAYS: Mayor Mark Mathews, Council Member Bill Dodge, Council Member Armin Mizani, and Council Member Tom Cawthra. Mayor Pro Tem Rick Barnes made a motion to Table Agenda Item H-5 to the September 15, 2015 Regular City Council Meeting. Council Member Bill Dodge seconded the motion. The motion carried with the following vote: AYES: Mayor Mark Mathews, Council Member Armin Mizani, Council Member Tom Cawthra, Council Member Bill Dodge, and Mayor Pro Tem Rick Barnes. NAYS: Council Member Debbie Bryan and Council Member Bill Hodnett. I. DISCUSSION None J. EXECUTIVE SESSION Executive Session was not held during the Regular Meeting. 1. Section , Texas Government Code Deliberation Regarding Economic Development Negotiations. (1) To discuss or deliberate regarding commercial or financial information that the governmental body has received from a business prospect that the governmental body seeks to have locate, stay, or expand in or near the territory of the governmental body and with which the governmental body is conducting economic development negotiations; or (2) To deliberate the offer of a financial or other incentive to a business prospect described by Subdivision. 2. Section , Texas Government Code - Consultation with attorney to seek advice about pending or contemplated litigation or a settlement offer or other matters permitted by such section. a. Hall vs. City of Keller. b. TCEQ Compliance Requirement. Page 13 of 14

14 3. Adjourn into Open Meeting. 4. Action on Executive Session Items 1 and 2a if necessary. K. ADJOURN Item 1 No action was taken. Item 2a No action was taken. Item 2b No action was taken. No action was taken from the deliberations in Executive Session for Agenda Item H-5. Mayor Pro Tem Rick Barnes made a motion to adjourn the meeting at 10:47 p.m. Council Member Bill Dodge seconded the motion. The motion carried unanimously CITY SECRETARY MAYOR Page 14 of 14