regular city council meeting may 1, 2012 the...

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Page 1 of 21 REGULAR CITY COUNCIL MEETING MAY 1, 2012 The Regular City Council Meeting of the City of Keller was held on Tuesday, May 1, 2012, at Keller Town Hall, 1100 Bear Creek Parkway, Keller, Texas. The following City Council Members were present: Mayor Pat McGrail Council Member Ray Brown Council Member Gary Reaves Council Member Jim Thompson Council Member John Hoffmann Council Member Doug Miller Mayor Pro Tem Tom Cawthra was absent. Administrative personnel present were Interim City Manager Steve Polasek, Assistant City Manager Chris Fuller, City Secretary Sheila Stephens, City Attorney Stan Lowry, Director of Finance Johnny Phifer, Director of Information Services Keith Macedo, Director of Public Works Greg Dickens, Fire Chief Dan Gaumont, Library Director Jana Prock, Municipal Court Clerk Jeanie Roumell and Police Chief Mark Hafner. PRE-COUNCIL MEETING A. CALL TO ORDER - Mayor Pat McGrail The Pre-Council Meeting was called to order by Mayor Pat McGrail at 5:03 p.m. B. EXECUTIVE SESSION Mayor Pat McGrail adjourned the meeting to Executive Session during the Pre-Council Meeting for purposes allowed in Chapter 551 of the Texas Government Code. The following subjects were discussed in Executive Session: 1. Section 551.074, Texas Government Code - Deliberate the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of a public officer or employee. a. City Manager's position.

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Page 1: REGULAR CITY COUNCIL MEETING MAY 1, 2012 The …cityofkeller.granicus.com/DocumentViewer.php?file=cityofkeller_80... · The Regular City Council Meeting of the City of Keller was

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REGULAR CITY COUNCIL MEETING

MAY 1, 2012

The Regular City Council Meeting of the City of Keller was held

on Tuesday, May 1, 2012, at Keller Town Hall, 1100 Bear Creek

Parkway, Keller, Texas.

The following City Council Members were present:

Mayor Pat McGrail

Council Member Ray Brown

Council Member Gary Reaves

Council Member Jim Thompson

Council Member John Hoffmann

Council Member Doug Miller

Mayor Pro Tem Tom Cawthra was absent.

Administrative personnel present were Interim City Manager Steve

Polasek, Assistant City Manager Chris Fuller, City Secretary

Sheila Stephens, City Attorney Stan Lowry, Director of Finance

Johnny Phifer, Director of Information Services Keith Macedo,

Director of Public Works Greg Dickens, Fire Chief Dan Gaumont,

Library Director Jana Prock, Municipal Court Clerk Jeanie

Roumell and Police Chief Mark Hafner.

PRE-COUNCIL MEETING

A. CALL TO ORDER - Mayor Pat McGrail

The Pre-Council Meeting was called to order by Mayor Pat

McGrail at 5:03 p.m.

B. EXECUTIVE SESSION

Mayor Pat McGrail adjourned the meeting to Executive

Session during the Pre-Council Meeting for purposes allowed

in Chapter 551 of the Texas Government Code. The following

subjects were discussed in Executive Session:

1. Section 551.074, Texas Government Code - Deliberate

the appointment, employment, evaluation, reassignment,

duties, discipline, or dismissal of a public officer

or employee.

a. City Manager's position.

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2. Section 551.087, 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 (1).

3. Adjourn into Open Meeting.

Mayor Pat McGrail called the Pre-Council Meeting back

to order.

4. Action on Executive Session Items 1 or 2 if necessary.

Item 1 – Action was taken during the Regular Meeting.

Item 2 – Action was taken during the Regular Meeting. C. WORK SESSION

1. Discuss and review agenda items.

The City Council discussed and reviewed the agenda

items.

2. Discuss a meeting date for the Keller Tax Increment

Financing Reinvestment Zone No. 1 Board of Directors.

The City Council tentatively scheduled the meeting for

June 5, 2012 for the Keller Tax Increment Financing

Reinvestment Zone No. 1 Board of Directors.

3. Receive the Keller Finance Committee’s Quarterly

Investment Report for the period ending March 31,

2012.

Mr. Johnny Phifer, Director of Finance, introduced Mr.

Tom Ross, Valley View Consulting, L.L.C. Mr. Ross gave

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a presentation of the Keller Finance Committee’s

Quarterly Investment Report for the period ending

March 31, 2012. Discussion was held by the City

Council.

D. ADJOURN

The Pre-Council Meeting was adjourned by Mayor Pat McGrail

at 7:02 p.m.

REGULAR MEETING

A. CALL TO ORDER

The Regular Meeting was called to order by Mayor Pat

McGrail at 7:10 p.m.

B. INVOCATION

Monsignor Hart, Saint Elizabeth Ann Seton Catholic Church,

gave the invocation.

C. PLEDGE OF ALLEGIANCE

Boy Scouts from Troop 205 led the pledge of allegiance.

D. PRESENTATIONS

1. Proclamation - "Motorcycle Safety and Awareness

Month."

D-1 Proclamation 050112

Mayor Pat McGrail proclaimed May, 2012 as Motorcycle

Safety and Awareness Month in the City of Keller. Mr.

Jim Jackson, Road Captain of ROCA Motorcycle Club, and

Mr. Geoff Willis, President of Patriots Motorcycle

Club, accepted the proclamation.

2. Proclamation - "Keller Reads: One Book One City Day."

D-2 Proclamation 050112

Mayor Pat McGrail proclaimed May 3, 2012 as Keller

Reads: One Book One City Day in the City of Keller.

Ms. Jana Prock, Library Director, Ms. Mona Ford,

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Library Board Chairperson and Ms. Michelle Minshew,

President of the Friends of the Library, accepted the

proclamation.

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.

Mr. George Heil, 1619 Creekridge Drive, President of the

Highland Creek Estates and Highland Meadows Homeowners

Association, expressed his concerns regarding the proposed

speed limit for North Tarrant Parkway.

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. Council Member Gary Reaves requested that

Item 8 be removed from the Consent Agenda and considered

separately.

1.

Consider approval of the minutes of the Special

Council Meeting on Tuesday, April 10, 2012.

Council Member Gary Reaves made a motion to approve

the minutes of the Special Council Meeting on Tuesday,

April 10, 2012 as proposed. Council Member Ray Brown

seconded the motion. The motion carried unanimously.

2.

Consider approval of the minutes of the Regular City

Council Meeting on Tuesday, April 17, 2012.

Council Member Gary Reaves made a motion to approve

the minutes of the Regular City Council Meeting on

Tuesday, April 17, 2012 as proposed. Council Member

Ray Brown seconded the motion. The motion carried

unanimously.

3.

Consider a resolution authorizing the City Manager to

execute a contract for bank depository services for

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the City of Keller, Texas.

F-3 Memo

F-3 Attachment

F-3 Resolution

Council Member Gary Reaves made a motion to approve

Resolution No. 3199 authorizing the City Manager to

execute a contract for bank depository services for

the City of Keller, Texas as proposed. Council Member

Ray Brown seconded the motion. The motion carried

unanimously.

4.

Consider a resolution adopting 40,440 as the official

population as of January 1, 2012, for the City of

Keller, Texas.

F-4 Memo

F-4 Resolution

F-4 Staff Attachment

Council Member Gary Reaves made a motion to approve

Resolution No. 3200 adopting 40,440 as the official

population as of January 1, 2012, for the City of

Keller, Texas as proposed. Council Member Ray Brown

seconded the motion. The motion carried unanimously.

5.

Consider a resolution authorizing the City Manager to

execute Change Order No. 1 with AUI Contractors, LLC,

of Fort Worth, Texas, relating to the Rufe Snow Drive

Improvements, Phase 3 Project.

F-5 Memo

F-5 Resolution

F-5 Exhibit A

Council Member Gary Reaves made a motion to approve

Resolution No. 3201 authorizing the City Manager to

execute Change Order No. 1 with AUI Contractors, LLC,

of Fort Worth, Texas, relating to the Rufe Snow Drive

Improvements, Phase 3 Project as proposed. Council

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Member Ray Brown seconded the motion. The motion

carried unanimously.

6.

Consider a resolution amending authorized

representatives for the Local Government Investment

Cooperative (LOGIC) Investment Pool.

F-6 Memo

F-6 Resolution

Council Member Gary Reaves made a motion to approve

Resolution No. 3202 amending authorized

representatives for the Local Government Investment

Cooperative (LOGIC) Investment Pool as proposed.

Council Member Ray Brown seconded the motion. The

motion carried unanimously.

7.

Consider a resolution amending authorized

representatives for the TexPool Local Government

Investment Pool.

F-7 Memo

F-7 Resolution

Council Member Gary Reaves made a motion to approve

Resolution No. 3203 amending authorized

representatives for the TexPool Local Government

Investment Pool as proposed. Council Member Ray Brown

seconded the motion. The motion carried unanimously.

8. Consider an ordinance amending the City of Keller Code

of Ordinances by amending Chapter 18, Traffic, Article

II, Speed Limits, Section 18-200, Various speed limits

on public streets, by adding a new paragraph (18) a.,

North Tarrant Parkway; establishing a prima facie

speed limit for vehicles on North Tarrant Parkway from

the intersection of U.S. Highway 377 (South Main

Street) east to the east City limits of the City of

Keller; providing a severability clause; providing a

penalty; authorizing publication; and establishing an

effective date.

F-8 Memo

F-8 Ordinance

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F-8 Location Map

This item was considered separately.

Mr. Greg Dickens, Director of Public Works, gave a

presentation regarding the amendment to Chapter 18,

Traffic, Article II, Speed Limits, Section 18-200,

Various speed limits on public streets, by adding a

new paragraph (18)a., North Tarrant Parkway;

establishing a prima facie speed limit for vehicles on

North Tarrant Parkway.

Council Member Gary Reaves made a motion to approve

Ordinance No. 1595 amending the City of Keller Code of Ordinances by amending Chapter 18, Traffic, Article

II, Speed Limits, Section 18-200, Various speed limits

on public streets, by adding a new paragraph (18) a.,

North Tarrant Parkway; establishing a prima facie

speed limit for vehicles on North Tarrant Parkway from

the intersection of U.S. Highway 377 (South Main

Street) east to the east City limits of the City of

Keller; providing a severability clause; providing a

penalty; authorizing publication; and establishing an

effective date. Council Member Ray Brown seconded the

motion. The motion carried with the following vote:

AYES: Mayor Pat McGrail, Council Member Ray Brown,

Council Member Gary Reaves, and Council Member

Jim Thompson.

NAYS: Council Member John Hoffmann and Council Member

Doug Miller.

9.

Consideration and action regarding a resolution

directing publication of notice of the City's

intention to issue Combination Tax and Revenue

Certificates of Obligation to provide funds for

constructing and equipping a holding facility at the

police department facility, for renovation of part of

the existing police department facility to provide an

animal shelter/adoption center and for related

issuance costs.

F-9 Memo

F-9 Attachment-Calendar

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F-9 Attachment

F-9 Resolution

Council Member Gary Reaves made a motion to approve

Resolution No. 3204 directing publication of notice of

the City's intention to issue Combination Tax and

Revenue Certificates of Obligation to provide funds

for constructing and equipping a holding facility at

the police department facility, for renovation of part

of the existing police department facility to provide

an animal shelter/adoption center and for related

issuance costs as proposed. Council Member Ray Brown

seconded the motion. The motion carried unanimously.

10

Consider a resolution amending Resolution No. 3141,

dated December 6, 2011, relating to the Interlocal

Agreement with Tarrant County for the rehabilitation

of Bandit Trail from Davis Boulevard to the east City

Limits and Bancroft Road from Bourland Road to 1,420

feet east.

F-10 Memo

F-10 Resolution

F-10 Location Maps

Council Member Gary Reaves made a motion to approve

Resolution No. 3205 amending Resolution No. 3141,

dated December 6, 2011, relating to the Interlocal

Agreement with Tarrant County for the rehabilitation

of Bandit Trail from Davis Boulevard to the east City

Limits and Bancroft Road from Bourland Road to 1,420

feet east as proposed. Council Member Ray Brown

seconded the motion. The motion carried unanimously.

G.

OLD BUSINESS - None

H. NEW BUSINESS

1. PUBLIC HEARING: Discuss and review the Sarah Brooks

Drive Area Neighborhood Cut-Through Traffic Study.

H-1 Memo

H-1 Attachment

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Mr. Brad Tribble, Kimley-Horn and Associates, Inc.,

gave a presentation relating to the Sarah Brooks Drive

Neighborhood Cut-Through Study. Mr. Tom Grant,

Kimley-Horn and Associates, Inc., also addressed the

City Council regarding the Study.

Mayor Pat McGrail opened the public hearing. No public

comments were made. Council Member Doug Miller made a

motion to close the public hearing. Council Member

Gary Reaves seconded the motion. The motion carried

unanimously. Discussion was held by the City Council.

2. PUBLIC HEARING: Consider an ordinance approving a

Specific Use Permit (SUP) for Leland’s to operate a

temporary business selling and displaying portable

accessory buildings, located on a 2.40-acre tract of

land out of the Samuel Needham Survey, Abstract No.

1171, Tract 1A, on the west side of North Main Street

(U.S. Highway 377), approximately 1,250 feet north of

Keller Parkway (FM 1709), at 300 North Main Street,

and zoned C-OTK (Commercial-Old Town Keller Overlay

District). Keller Plaza, LTD., owner/applicant. (SUP-

12-0005)

H-2 Memo

H-2 Ordinance

H-2 Exhibit A

H-2 Maps

Mr. David Hawkins, Senior Planner, gave a presentation relating to a Specific Use Permit (SUP) for Leland’s to operate a temporary business selling and displaying

portable accessory buildings, located on a 2.40-acre

tract of land out of the Samuel Needham Survey,

Abstract No. 1171, Tract 1A, on the west side of North

Main Street (U.S. Highway 377), approximately 1,250

feet north of Keller Parkway (FM 1709), at 300 North

Main Street.

Mayor Pat McGrail opened the public hearing. Mr. Gary

Huston, applicant, addressed the City Council

regarding his request for a Specific Use Permit for

Leland’s to operate a temporary business selling and

displaying portable accessory buildings.

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Council Member Doug Miller made a motion to close the

public hearing. Council Member Gary Reaves seconded

the motion. The motion carried unanimously. Discussion

was held by the City Council.

Council Member John Hoffmann made a motion to approve

Ordinance No. 1596 approving a Specific Use Permit

(SUP) for Leland’s to operate a temporary business

selling and displaying portable accessory buildings,

located on a 2.40-acre tract of land out of the Samuel

Needham Survey, Abstract No. 1171, Tract 1A, on the

west side of North Main Street (U.S. Highway 377),

approximately 1,250 feet north of Keller Parkway (FM

1709), at 300 North Main Street, and zoned C-OTK

(Commercial-Old Town Keller Overlay District) with the

following conditions:

1. The Specific Use Permit shall be valid for one

(1) year.

2. The site shall be restricted to two (2) permanent

attached signs facing North Main Street (U.S.

Highway 377) not to exceed thirty-six (36) square

feet of combined total sign area for both signs.

Any additional attached signage shall be put on

the west side of the buildings.

3. The west side of the buildings shall be located

parallel to the east side of the fire lane and

shall not be located more than twenty-five feet

(25') from the east side of the fire lane.

4. The site shall have decorative fencing around the

buildings approximating that which is in the

photograph submitted.

5. The site shall have decorative landscaping around

the buildings.

Keller Plaza, LTD., owner/applicant. Council Member

Jim Thompson seconded the motion. The motion carried

with the following vote:

AYES: Mayor Pat McGrail, Council Member Ray Brown,

Council Member Gary Reaves, Council Member Jim

Thompson, and Council Member John Hoffmann.

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NAYS: Council Member Doug Miller.

3. PUBLIC HEARING: Consider an ordinance approving a

Specific Use Permit (SUP) for Shiver Shak to operate a

temporary vendor business, located on the southwest

corner of the Keller Parkway and Navajo Drive

intersection, approximately 380 feet west of Bourland

Road, at 540 Keller Parkway, being Lot A3R2A, Block 1,

Indian Meadows Addition, and zoned R (Retail). Navajo

Center L.P., owner. DFW GloboLink Inc. DBA Shiver

Shak, applicant/developer. (SUP-12-0004)

H-3 Memo

H-3 Ordinance

H-3 Exhibit A

H-3 Staff Attachment

H-3 Maps

Mr. David Hawkins, Senior Planner, gave a presentation

of the request for a Specific Use Permit (SUP) for

Shiver Shak to operate a temporary vendor business,

located on the southwest corner of the Keller Parkway

and Navajo Drive intersection, approximately 380 feet

west of Bourland Road, at 540 Keller Parkway.

Mayor Pat McGrail opened the public hearing. No public

comments were made. Council Member Gary Reaves made a

motion to close the public hearing. Council Member

Doug Miller seconded the motion. The motion carried

unanimously.

Council Member Gary Reaves made a motion to deny the

ordinance approving a Specific Use Permit (SUP) for

Shiver Shak to operate a temporary vendor business,

located on the southwest corner of the Keller Parkway

and Navajo Drive intersection, approximately 380 feet

west of Bourland Road, at 540 Keller Parkway, being

Lot A3R2A, Block 1, Indian Meadows Addition, and zoned

R (Retail). Navajo Center L.P., owner. DFW GloboLink

Inc. DBA Shiver Shak, applicant/developer. Council

Member John Hoffmann seconded the motion. The motion

carried unanimously.

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4. PUBLIC HEARING: Consider an ordinance approving a

planned development amendment for Johnson Estates, a

proposed single family residential development

consisting of 6 residential lots, located on an

approximate .94-acre tract of land out of the Samuel

Needham Survey, Abstract No. 1171, Tract 1Q3, at 140

Johnson Road, and an approximate .11-acre lot, at 508

Charles Street, being Lot 21, Block A, Thornton Place

Addition, for an approximate total of 1.05 acres, on

the south side of Johnson Road between Charles Street

and Jessie Street, and zoned PD-SF-8.4 (Planned

Development-Single Family Residential-8,400 square-

foot minimum). Sarah Randel, owner. Dustin Austin

Enterprises, Inc., applicant/developer. Kellie

Engineering, engineer. (Z-12-0005)

H-4 Memo

H-4 Ordinance

H-4 Exhibit A

H-4 Staff Attachment

H-4 Maps

Mr. David Hawkins, Senior Planner, gave a presentation

relating to the planned development amendment for

Johnson Estates, a proposed single family residential

development consisting of 6 residential lots, located

on an approximate .94-acre tract of land out of the

Samuel Needham Survey, Abstract No. 1171, Tract 1Q3,

at 140 Johnson Road, and an approximate .11-acre lot,

at 508 Charles Street, being Lot 21, Block A, Thornton

Place Addition, for an approximate total of 1.05

acres, on the south side of Johnson Road between

Charles Street and Jessie Street.

Mayor Pat McGrail opened the public hearing. Mr. Aaron

Bennett, 471 Charles Street, expressed his concerns

regarding the construction of a sidewalk on the east

side of Charles Street.

Council Member Ray Brown made a motion to close the

public hearing. Council Member Gary Reaves seconded

the motion. The motion carried unanimously. Discussion

was held by the City Council.

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Mr. Edward Kellie, Kellie Engineering, engineer, and

Mr. Dustin Austin, Dustin Austin Enterprises, Inc.,

applicant/developer, addressed the City Council

regarding the planned development amendment for

Johnson Estates, a proposed single family residential

development.

Council Member Jim Thompson made a motion to approve

Ordinance No. 1597 approving a planned development

amendment for Johnson Estates, a proposed single

family residential development consisting of 6

residential lots, located on an approximate .94-acre

tract of land out of the Samuel Needham Survey,

Abstract No. 1171, Tract 1Q3, at 140 Johnson Road, and

an approximate .11-acre lot, at 508 Charles Street,

being Lot 21, Block A, Thornton Place Addition, for an

approximate total of 1.05 acres, on the south side of

Johnson Road between Charles Street and Jessie Street,

and zoned PD-SF-8.4 (Planned Development-Single Family

Residential-8,400 square-foot minimum) with the

following conditions:

1. The request to reduce the minimum lot width from

sixty-five feet (65’) to sixty (60’) shall not be

allowed.

2. The request to set the minimum side building

setback line at five feet (5’) shall be allowed.

3. The request to reduce the side building setback

line along Johnson Road for Lots 3 and 4 from

twenty feet (20’) to fifteen feet (15’) shall be

allowed.

4. The request to reduce the minimum front setback

line for attached, front-facing garages from

forty-five feet (45’) to twenty-five feet (25’)

shall not be allowed. J-swing garages shall be

permitted for this development.

5. The request to install a six-foot (6’) cedar wood

privacy fence along the north property lines of

Lots 3 and 4 in lieu of the required six-foot

(6”) masonry screening wall shall not be allowed.

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6. A row of landscape shrubs shall be installed in

lieu of the required row of large canopy trees

along Johnson Road.

Sarah Randel, owner. Dustin Austin Enterprises, Inc.,

applicant/developer. Kellie Engineering, engineer.

Council Member Gary Reaves seconded the motion. The

motion carried with the following vote:

AYES: Mayor Pat McGrail, Council Member Ray Brown,

Council Member Gary Reaves, Council Member Jim

Thompson, and Council Member Doug Miller.

NAYS: Council Member John Hoffmann.

5. PUBLIC HEARING: Consider an ordinance approving a

zoning change from PD-SF-20 (Planned Development-

Single Family Residential-20,000 square-foot minimum)

to SF-LD (Single Family Residential-Low Density-36,000

square-foot minimum) for a 9.96-acre tract of land out

of the Ireneus Neace Survey, Abstract No. 1162,

located on the south side of the Florence Place Road

and Florence Road intersection, approximately 2,200

feet west of Pearson Lane, at 1800 Florence Road.

Kyle and Jodi Womble, owners. Jeff Phelps, applicant.

Hamilton Duffy, engineer. (Z-12-0004)

H-5 Memo

H-5 Ordinance

H-5 Exhibit A

H-5 Staff Attachment

H-5 Maps

Mr. David Hawkins, Senior Planner, gave a presentation

relating to a zoning change from PD-SF-20 (Planned

Development-Single Family Residential-20,000 square-

foot minimum) to SF-LD (Single Family Residential-Low

Density-36,000 square-foot minimum) for a 9.96-acre

tract of land out of the Ireneus Neace Survey,

Abstract No. 1162, located at 1800 Florence Road.

Mayor Pat McGrail opened the public hearing. No public

comments were made. Council Member Jim Thompson made a

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motion to close the public hearing. Council Member

Gary Reaves seconded the motion. The motion carried

unanimously (5-0).

Council Member Jim Thompson made a motion to approve

Ordinance No. 1598 approving a zoning change from

PD-SF-20 (Planned Development-Single Family

Residential-20,000 square-foot minimum) to SF-LD

(Single Family Residential-Low Density-36,000

square-foot minimum) for a 9.96-acre tract of land out

of the Ireneus Neace Survey, Abstract No. 1162,

located on the south side of the Florence Place Road

and Florence Road intersection, approximately 2,200

feet west of Pearson Lane, at 1800 Florence Road. Kyle

and Jodi Womble, owners. Jeff Phelps, applicant.

Hamilton Duffy, engineer. Council Member Gary Reaves

seconded the motion. The motion carried unanimously.

6. PUBLIC HEARING: 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 Kings Ranch, a proposed single-family

residential subdivision consisting of eight (8)

residential lots and two (2) open space lots, located

on 4.42 acres of land, on the west side of Keller-

Smithfield Road, approximately 1,300 feet north of

Johnson Road, at 760 Keller-Smithfield Road, being Lot

1, and a portion of Lot 2, Block 1, Henson Place

Addition, from LD-SF (Low Density-Single Family-25,000

square-foot lots and greater) to MD-SF (Medium

Density-Single Family-15,000 to 24,999 square-foot

lots). Milclif LLC., owners. Providential Land

Development, LP., applicant/developer. Thomas Hoover

Engineering, engineer. (LUP-12-0001)

H-6 Memo

H-6 Resolution

H-6 Exhibit A

H-6 Maps

Mr. David Hawkins, Senior Planner, gave a presentation

regarding Item H-6 and Item H-7 relating to an amendment to the Land Use Element of the City of

Keller Master Plan to amend the Future Land Use

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Plan/Map and a planned development zoning change from

SF-LD to PD-SF-15 for Kings Ranch, a proposed

single-family residential subdivision consisting of

eight (8) residential lots and two (2) open space

lots, located on 4.42 acres of land, on the west side

of Keller-Smithfield Road, approximately 1,300 feet

north of Johnson Road, at 760 Keller-Smithfield Road.

Mr. Tom Hoover, Hoover Engineering, engineer, and Mr.

Todd Long Providential Land Development, LP.,

applicant/developer, addressed the City Council

regarding the proposal.

Mayor Pat McGrail opened the public hearing. The

following individuals expressed their concerns

regarding drainage and water runoff on the property,

fencing, lot size, and traffic issues relating to

Kings Ranch, a proposed single-family residential

subdivision: Ms. Joan Boyle, 1262 Oakhill Road; Mr.

Wayne Pearson, 1310 Oakhill Road; and Ms. Albina

Henson, 760 Keller-Smithfield Road.

Council Member Doug Miller made a motion to close the

public hearing. Council Member Gary Reaves seconded

the motion. The motion carried unanimously. Discussion

was held by the City Council.

Council Member Doug Miller made a motion to deny the

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 Kings Ranch, a proposed

single-family residential subdivision consisting of

eight (8) residential lots and two (2) open space

lots, located on 4.42 acres of land, on the west side

of Keller-Smithfield Road, approximately 1,300 feet

north of Johnson Road, at 760 Keller-Smithfield Road,

being Lot 1, and a portion of Lot 2, Block 1, Henson

Place Addition, from LD-SF (Low Density-Single Family-

25,000 square-foot lots and greater) to MD-SF (Medium

Density-Single Family-15,000 to 24,999 square-foot

lots). Milclif LLC., owners. Providential Land

Development, LP., applicant/developer. Thomas Hoover

Engineering, engineer. Council Member John Hoffmann

seconded the motion. The motion carried with the

following vote:

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AYES: Mayor Pat McGrail, Council Member Gary Reaves,

Council Member Jim Thompson, Council Member

John Hoffmann, and Council Member Doug Miller.

NAYS: Council Member Ray Brown.

7. PUBLIC HEARING: Consider an ordinance approving a

planned development zoning change from SF-LD (Single

Family Residential-Low Density-36,000 square-foot

minimum) to PD-SF-15 (Planned Development-Single

Family Residential-15,000 square-foot minimum) for

Kings Ranch, a proposed single-family residential

development consisting of 8 residential lots and 2

open space lots, located on 4.42 acres of land, on the

west side of Keller-Smithfield Road, approximately

1,300 feet north of Johnson Road, at 760 Keller-

Smithfield Road, being Lot 1, and a portion of Lot 2,

Block 1, Henson Place Addition. Milclif LLC., owners.

Providential Land Development, LP.,

applicant/developer. Thomas Hoover Engineering,

engineer. (Z-12-0003)

H-7 Memo

H-7 Ordinance

H-7 Exhibit A

H-7 Maps

Mayor Pat McGrail opened the public hearing. No public

comments were made. Council Member Doug Miller made a

motion to close the public hearing. Council Member

Gary Reaves seconded the motion. The motion carried

unanimously.

Council Member Doug Miller made a motion to deny the

ordinance approving a planned development zoning

change from SF-LD (Single Family Residential-Low

Density-36,000 square-foot minimum) to PD-SF-15

(Planned Development-Single Family Residential-15,000

square-foot minimum) for Kings Ranch, a proposed

single-family residential development consisting of 8

residential lots and 2 open space lots, located on

4.42 acres of land, on the west side of

Keller-Smithfield Road, approximately 1,300 feet north

of Johnson Road, at 760 Keller-Smithfield Road, being

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Lot 1, and a portion of Lot 2, Block 1, Henson Place

Addition. Milclif LLC., owners. Providential Land

Development, LP., applicant/developer. Thomas Hoover

Engineering, engineer. Council Member Gary Reaves

seconded the motion. The motion carried unanimously.

8. PUBLIC HEARING: Consider an ordinance approving a

Specific Use Permit (SUP) for the Villas of Stone

Glen, a proposed senior retirement community, located

on a 16.25-acre tract of land out of the Samuel

Needham Survey, Abstract No. 1171, on the east side of

Bourland Road, approximately 650 feet south of Johnson

Road, and zoned O (Office). Martin Schelling, owner.

Integrity Group, LLC., applicant/developer. (SUP-12-

0003)

H-8 Memo

H-8 Letter of Request to Table

H-8 Ordinance

H-8 Exhibit A

H-8 Maps

H-8 Staff Attachment

Mayor Pat McGrail noted that the applicant had

requested that New Business Item 8 be tabled to the

next Regular City Council Meeting on May 15, 2012.

Mayor Pat McGrail opened the public hearing. No public

comments were made. Council Member Gary Reaves made a

motion to continue the public hearing until the May

15, 2012 Regular City Council Meeting. Council Member

John Hoffmann seconded the motion. The motion carried

unanimously.

9. Consider an ordinance amending the City of Keller Code

of Ordinances, by amending Chapter 10, Miscellaneous

Provisions, Article III, Alarm Systems, by deleting

Article III, Alarm Systems, in its entirety and adding

a new Article III, Registration and Regulation of

Residential and Commercial Alarm Systems; providing a

severability clause; providing a penalty; authorizing

publication; and providing an effective date.

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H-9 Memo

H-9 Ordinance

H-9 Alarm Fee Schedule

Mr. Mark Hafner, Police Chief, gave a presentation

amending Chapter 10, Miscellaneous Provisions, Article

III, Alarm Systems, by deleting Article III, Alarm

Systems, in its entirety and adding a new Article III,

Registration and Regulation of Residential and

Commercial Alarm Systems.

Council Member Gary Reaves made a motion to approve

Ordinance No. 1599 amending the City of Keller Code of

Ordinances, by amending Chapter 10, Miscellaneous

Provisions, Article III, Alarm Systems, by deleting

Article III, Alarm Systems, in its entirety and adding

a new Article III, Registration and Regulation of

Residential and Commercial Alarm Systems; providing a

severability clause; providing a penalty; authorizing

publication; and providing an effective date. Council

Member John Hoffmann seconded the motion. The motion

carried unanimously.

10. Consider a resolution authorizing the City Manager to

execute a Contract for Alarm Program Administration

and Collection Services with PMAM Corporation, of

Irving, Texas, for the administration and collection

of burglar alarm registration fees and fines.

H-10 Memo

H-10 Resolution

H-10 Exhibit A

Mr. Mark Hafner, Police Chief, gave a presentation

relating to a Contract for Alarm Program

Administration and Collection Services with PMAM

Corporation, of Irving, Texas, for the administration

and collection of burglar alarm registration fees and

fines.

Council Member Jim Thompson made a motion to approve Resolution No. 3206 authorizing the City Manager to

execute a Contract for Alarm Program Administration

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and Collection Services with PMAM Corporation, of

Irving, Texas, for the administration and collection

of burglar alarm registration fees and fines. Council

Member Gary Reaves seconded the motion. The motion

carried unanimously.

I. DISCUSSION – None

J. EXECUTIVE SESSION

Mayor Pat McGrail adjourned the meeting to Executive

Session during the Regular Meeting for purposes allowed in

Chapter 551 of the Texas Government Code. The following

subjects were discussed in Executive Session:

1. Section 551.074, Texas Government Code - Deliberate

the appointment, employment, evaluation, reassignment,

duties, discipline, or dismissal of a public officer

or employee.

a. City Manager's position.

2. Section 551.087, 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 (1).

3. Adjourn into Open Meeting.

Mayor Pat McGrail called the Regular Meeting back to

order.

4. Action on Executive Session Items 1 or 2 if necessary.

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Item 1 - Council Member Ray Brown made a motion to

appoint Mr. Steve Polasek as our new City Manager

subject to the contract as presented. Council Member

Gary Reaves seconded the motion. The motion carried

unanimously.

Item 2 – Council Member Doug Miller made a motion to

initiate a potential text amendment to the Unified

Development Code (UDC) in accordance with the

parameters shown on the charge submitted herewith to

the City Secretary in reference to fuel pumps and

related regulations. Council Member Gary Reaves

seconded the motion. The motion carried unanimously

(5-0).

K. ADJOURN

Council Member Doug Miller made a motion to adjourn the

meeting at 11:22 p.m. Council Member Gary Reaves seconded

the motion. The motion carried unanimously.

_________________________

MAYOR

___________________________

CITY SECRETARY