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2011-09-20 Regular CC Meeting CITY OF SOUTHLAKE TEXAS REGULAR CITY COUNCIL MEETING: September 20, 2011 LOCATION: 1400 Main Street, Southlake, Texas 76092 Council Chambers in Town Hall WORK SESSION: 5:30 P.M. 1. Call to order. 2. Invocation: Nino Elliott, Chaplain of the Month. 3. Presentation by Southlake Sister. Cities. 4. Discuss all items on tonight's meeting agenda. No action will be taken and each item will be considered during the Regular Session. REGULAR SESSION: immediately following the work session 1. Call to order. 2. A. Executive Session: Pursuant to the Open Meetings Act, Chapter 551, Texas Government Code, Sections 551.071, 551.072, 551.073, 551.074, 551.076, 551.087, 418.183(f), and 418.106(d) & (e). Refer to posted list attached hereto and incorporated herein. Executive Session may be held, under these exceptions, at the end of the Regular Session or at any time during the meeting that a need arises for the City Council to seek advice from the City Attorney as to the posted subiect matter of this City Council meeting. 1. Section 551.071: Consultation with attorney a. Seek the advice of the city attorney regarding gas drilling and production and gas utility companies. b. Seek the advice of the city attorney regarding pending XTO and Energy Transfer Specific Use Permit, Gas Well Permit and Pipeline Permit applications. c. Seek the advice of the city attorney regarding boards and commissions. 2. Section 551.072: Deliberation regarding real property a. Discuss the potential purchase or lease of real property for city facilities and projects. 3. Section 551.074: Deliberation regarding personnel matters City of Southlake values: Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork City of Southlake City Council meeting agenda September 20, 2011 Page 2 of 7 a. Deliberate the appointments of city board and commission members. 4. Section 551.087: Deliberation regarding economic development negotiations a. Economic incentives for businesses. B. Reconvene: Action necessary on items discussed in Executive Session. 3. REPORTS: A. Mayor's Report 1. Update of upcoming meetings and events 2. Proclamation for National Preparedness Month 3. Proclamation for Southlake Tennis Center B. City Manager's Report 1. Ordinance Priority Schedule 2. Southlake Public Library written report CONSENT AGENDA: All items listed below are considered to be routine by the City Council and will be enacted with one motion. There will be no separate discussion of items unless a Councilmember or citizen so requests, in which event the item will be removed from the general order of business and considered in its normal sequence. 4. Consent: A. Approve minutes from the September 6, 2011 City Council meeting. B. Approve the purchase of right of way and easements for Kimball Avenue improvements from the properties at 1480 -1620 North Kimball Avenue in the amount of $129,444. C. Approve Change Order No. 2 with Ed Bell Construction Company for the Kimball Avenue Improvement Project in the amount of $156,980.85. D. Resolution No. 11 -045, a resolution of the City of Southlake, Texas, and committing revenue sources for specific purposes and providing an effective date. E. Resolution No. 11 -046, Amend the fee schedule. F. Ordinance No. 480 -605 (ZA10 -067), 1 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: City of Southlake values: Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork City of South lake City Council meeting agenda September 20, 2011 Page 3 of 7 SF -1A — Single Family Residential District. Requested Zoning: 01 — Office District. SPIN Neighborhood #11. THE APPLICANT HAS REQUESTED TO TABLE THIS ITEM UNTIL THE OCTOBER 4, 2011 CITY COUNCIL MEETING. (This item was previously tabled at the August 2, August 16, and September 6, 2011 City Council meetings.) G. Ordinance No. 544 -B, 2nd Reading, amending ordinance 544 -A, the City of Southlake's Landscape Ordinance. THIS ITEM AND PUBLIC HEARING IS ADMINISTRATIVELY TABLED TO THE OCTOBER 4, 2011 CITY COUNCIL MEETING. REGULAR AGENDA: 5. Public Forum. (The Public Forum will not begin prior to 7:00 p.m. This is the public's opportunity to address the City Council about non- agenda items. During this proceeding, the City Council will not discuss, consider or take action on any item presented. We respectfully ask that anyone stepping forward to speak during Public Forum to please limit remarks to three minutes or less.) 6. Ordinances, second readings, public hearings, and related items: A. ZA11 -034, Site Plan for Stratfort Gardens Retail Center on property described as Lot 17, H. Granberry No. 581 Addition, Southlake, Tarrant County, Texas and being located at 445 West Southlake Boulevard, Southlake, Texas. Current Zoning: C2 - Local Retail Commercial District. SPIN Neighborhood #10. PUBLIC HEARING B. Ordinance No. 1014, 2nd Reading, Approve and adopt the Annual Budget for the Fiscal Year 2012 and approve the revised budget figures for the Fiscal Year 2011 and Multi -Year Capital Improvements Plan. PUBLIC HEARING C. Ordinance No. 1015, 2nd Reading, Tax Levy Ordinance. PUBLIC HEARING D. Ordinance No. 1009, 2nd Reading, Carroll /F.M. 1709 Small Area Plan, a component of the Southlake 2030 Land Use Plan. PUBLIC HEARING (This item was tabled by City Council at the September 6, 2011 meeting.) E. Ordinance No. 1010, 2nd Reading, Crooked /Kimball Small Area Plan, a component of the Southlake 2030 Land Use Plan. PUBLIC HEARING (This item was tabled by City Council at the September 6, 2011 meeting.) City of Southlake values: Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork City of Southlake City Council meeting agenda September 20, 2011 Page 4 of 7 F. Ordinance No. 1012, 2 d Reading, F.M. 1709/F.M. 1938 Corridor Sector Plan, an element of the Southlake 2030 Land Use Plan. PUBLIC HEARING 7. Ordinances, first readings, and related items: A. Ordinance No. 480 -439b (ZA11 -027), 1st Reading, Zoning Change and Site /Concept Plan for Cornerstone Business Park on property described as Lots 1 R, 2R1 R, 3R, 4R, and 5R1, Block 5, Comerstone 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. Requested Zoning: S -P -2 — General Site Plan District. SPIN Neighborhood #8. (If approved on 1 Reading, the public hearing for this item will be held on October 4, 2011.) 8. Resolutions: A. Resolution No. 11 -042, Appoint members to the Building Board of Appeals, Joint Utilization Committee, Library Board, Parks and Recreation Board, Southlake Arts Council, Southlake Parks Development Corporation, Zoning Board of Adjustment and Southlake Program for the Involvement of Neighborhoods (S.P.I.N.). (This item was tabled by City Council at the September 6, 2011 meeting.) B. Resolution No. 11 - 043, Appoint members to the Crime Control and Prevention District. (This item was tabled by City Council at the September 6, 2011 meeting.) 9. Other items for consideration: A. Consider recognition options for Town Square developer Brian Stebbins. 10. Other items for discussion: A. Discuss Safety Town, 11. Meeting adjourned. City of Southlake values: Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork City of Southlake City Council meeting agenda September 20, 2011 Page 5 of 7 CERTIFICATE I hereby certify that the above agenda was posted on the official bulletin boards at Town Hall, 1400 Main Street, Southlake, Texas, on Friday, September 16, 2011 by 6:00 p.m., pursuant to the Texas Governms 1 Qode, Chapter 551. . •. • Alicia Richardson, TRMC City Secretary If you plan to attend this public meeting and have a disability that requires special needs, please advise the City Secretary's Office 48 hours in advance at 817 - 748 -8016 and reasonable accommodations will be made to assist you. City of Southlake values: Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork City of Southiake City Council meeting agenda September 20, 2011 Page 6 of 7 EXECUTIVE SESSION Section 551.071: Consultation with attorney The City Council may conduct a private consultation with its attorney when the City Council seeks the advice of its attorney concerning any item on this agenda, about pending and contemplated litigation, or a settlement offer, or on a matter in which the duty of the attorney to the City Council under the Texas Disciplinary Rules of Professional Conduct of the State Board of Texas clearly conflicts with Chapter 551. This includes the following pending and /or contemplated litigation subjects: 1. Jayson Steele vs. City of Southlake. August 2008. 2. Pending Public Information Act requests. 3. Texas Attorney General litigation defending the constitutionality of the Texas Open Meetings Act. 4. Legal issues regarding the Barnett Shale gas extraction and transportation. 5. Cause No. 153 - 252281 -11; Southlake Taxpayers Against Neighborhood Drilling (STAND) vs. City of Southlake et al. 6. Todd Tracy, et al. vs. City of Southlake. May 2011. Section 551.072: Deliberation regarding real property The City Council may conduct a closed meeting to deliberate the purchase, exchange, lease or value of real property. Section 551.073: Deliberation regarding prospective gift or donation The City Council may conduct a closed meeting to deliberate a negotiated contract for a prospective gift or donation to the City. Section 551.074: Deliberation regarding personnel matters The City Council may deliberate the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of public officers, including the City Manager, City Secretary, City Attorney, Municipal Judge and city boards and commission members. A complete list of the city boards and commissions is on file in the City Secretary's Office. Section 551.076: Deliberation regarding security devices The City Council may deliberate the deployment, or specific occasions for implementation of security personnel or devices. Section 551.087: Deliberation regarding economic development negotiations The City Council may discuss or deliberate regarding commercial or financial information received from a business prospect that the city seeks to have locate, stay, or expand in or near the city and which the City is conducting economic development negotiations; or to deliberate the offer of a financial or other incentive to a business prospect as described above. City of Southlake values: Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence • Teamwork City of Southlake City Council meeting agenda September 20, 2011 Page 7 of 7 Section 418.183(f): Texas Disaster Act The City Council may deliberate information: 1) for purposes of preventing, investigating, or responding to an act of terrorism or related criminal activity and involving emergency response providers, their staffing, contact information and tactical plans; 2) that relates to the risk or vulnerability of persons or property, including infrastructure, to an act of terrorism; 3) that relates to the assembly of an explosive weapon, the location of a material that may be used in a chemical, biological or radioactive weapon, or unpublished information pertaining to vaccines or devices to detect biological agents or toxins; 4) that relates to details of the encryption codes or security keys for a public communication system; 5) that relates to a terrorism- related report to an agency of the United States; 6) that relates to technical details of particular vulnerabilities of critical infrastructure to an act of terrorism; 7) that relates to information regarding security measures or security systems intended to protect public and private property from an act of terrorism. The Texas Disaster Act specifically requires that a tape recording of the closed meeting be made. Section 418.106(d) & (e): Local meetings to discuss emergency management plans regarding pipeline safety The City Council may discuss emergency management plans involving pipeline safety and /or security of pipeline infrastructures or facilities when those plans or discussions contain such sensitive information. City of Southlake values: Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork CITY OF S OUTHLAKE TEXAS REGULAR CITY COUNCIL MEETING MINUTES: September 20, 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, Martin Schelling, Jeff Wang and Al Zito. CITY COUNCIL ABSENT: None STAFF PRESENT: City Manager Shana Yelverton, Assistant City Manager /Director of Public Safety Jim Blagg, Communication and Websites Manager Pilar Schank, Director of Community Services Chris Tribble, Assistant to the Community Services Director Candice Sanders, Marketing and Tourism Manager Jill Lind, Director of Finance Sharen Jackson, Director of Human Resources Stacey Black, Director of Planning and Development Services Ken Baker, Planner I Daniel Cortez, Chief of Fire Services Mike Starr, Interim Chief of Police Services Rusty Daniels, Emergency Management Coordinator Kyle Taylor, Director of Public Works Robert Price, Deputy Director of Public Works Gordon Mayer, City Attorney E. Allen Taylor, and City Secretary Alicia Richardson. WORK SESSION: 1. CALL TO ORDER The Work Session was called to order by Mayor Terrell at 5:36 p.m. 2. INVOCATION Mr. Nino Elliott with The Hills Church of Christ gave the invocation. Mayor Terrell led the pledge of allegiance. 3. PRESENTATION BY SOUTHLAKE SISTER CITIES. Ms. Kiko Ekstrom and Youth Ambassador Paulette Cunningham presented the City and Council with a gift from Sister City Tome, Japan. 4. DISCUSS ALL ITEMS ON TONIGHT'S MEETING AGENDA. NO ACTION WILL BE TAKEN AND EACH ITEM WILL BE CONSIDERED DURING THE REGULAR SESSION. REGULAR CITY COUNCIL MEETING MINUTES, September 20, 2011 Page 1 of 13 No action will be taken and each item will be considered during the Regular Session. Mayor Terrell read the consent agenda items. The consensus of Council was for staff to bring back additional information at a future meeting to address fire alarm permits. REGULAR SESSION: 1. CALL TO ORDER The Regular Session of the City Council was called to order by Mayor Terrell at 5:51 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 5:51 p.m. Executive Session began at 6:20 p.m. and concluded at 7:40 p.m. 2B. RECONVENE Mayor Terrell reconvened the regular meeting at 7:50 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. Proclamation for National Preparedness Month Mayor Terrell recognized and proclaimed the month of September as National Preparedness Month. Emergency Management Coordinator Kyle Taylor was present to receive the proclamation. Proclamation for Southlake Tennis Center The Southlake Tennis Center proclamation will be presented at the October 4, 2011 City Council meeting. REGULAR CITY COUNCIL MEETING MINUTES, September 20, 2011 Page 2 of 13 B. City Manager's Report — Ordinance Priority Schedule City Manager Shana Yelverton presented item to Council. A copy of the ordinance priority schedule was provided to Council. Southlake Public Library written report There was no presentation for this item. 4. CONSENT AGENDA (Items 4A -G) 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 MINUTES FROM THE SEPTEMBER 6, 2011 CITY COUNCIL MEETING. 4B. APPROVE THE PURCHASE OF RIGHT OF WAY AND EASEMENTS FOR KIMBALL AVENUE IMPROVEMENTS FROM THE PROPERTIES AT 1480- 1620 NORTH KIMBALL AVENUE IN THE AMOUNT OF $129,444 4C. APPROVE CHANGE ORDER NO. 2 WITH ED BELL CONSTRUCTION COMPANY FOR THE KIMBALL AVENUE IMPROVEMENT PROJECT IN THE AMOUNT OF $156,980.85. Director of Public Works Bob Price summarized item and answered questions from Council. 4D. RESOLUTION NO. 11 -045, A RESOLUTION OF THE CITY OF SOUTHLAKE, TEXAS, AND COMMITTING REVENUE SOURCES FOR SPECIFIC PURPOSES AND PROVIDING AN EFFECTIVE DATE. 4E. RESOLUTION NO. 11 -046, AMEND THE FEE SCHEDULE. Council member Morris asked staff to provide Council with additional information regarding house alarm fees. Council member Morris commented that instead of an annual alarm fee the City should look at charging a fee for false alarms based on occurrence. 4F. 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 REGULAR CITY COUNCIL MEETING MINUTES, September 20, 2011 Page 3 of 13 1A — SINGLE FAMILY RESIDENTIAL DISTRICT. REQUESTED ZONING: 01 — OFFICE DISTRICT. SPIN NEIGHBORHOOD #11. THE APPLICANT HAS REQUESTED TO TABLE THIS ITEM UNTIL THE OCTOBER 4, 2011 CITY COUNCIL MEETING. (THIS ITEM WAS PREVIOUSLY TABLED AT THE AUGUST 2, AUGUST 16, AND SEPTEMBER 6, 2011 CITY COUNCIL MEETINGS.) 4G. ORDINANCE NO. 544 -B, 2 READING, AMENDING ORDINANCE 544 -A, THE CITY OF SOUTHLAKE'S LANDSCAPE ORDINANCE. THIS ITEM AND PUBLIC HEARING IS ADMINISTRATIVELY TABLED TO THE OCTOBER 4, 2011, CITY COUNCIL MEETING. A motion was made to approve the consent agenda as read and directing staff to bring back additional information regarding house alarm fees. 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. Ms. Dianne Dorman, 100 Ascot Drive, spoke about the complaint she filed regarding the display of the United States flag on Memorial Day. Mr. Pat Moore, 1221 Morgan Road, spoke about the power outage in his neighborhood. Mr. Moore presented a petition to Council that requests a redesign and correction of power grid in the Cross Timber Hills area. Mr. Giovanni Capriglione, 1352 Ten Bar Trail, provided Council with an update on the power issues experienced in the Timber Hills neighborhood. Mr. Bill Spivey, 1520 Randol Mill, spoke about gas drilling and mineral royalties. There being no one else wishing to speak, Mayor Terrell closed the public hearing. 6. ORDINANCES, SECOND READINGS, PUBLIC HEARINGS, AND RELATED ITEMS: 6A. ZA11 -034, SITE PLAN FOR STRATFORT GARDENS RETAIL CENTER ON PROPERTY DESCRIBED AS LOT 17, H. GRANBERRY NO. 581 ADDITION, REGULAR CITY COUNCIL MEETING MINUTES, September 20, 2011 Page 4 of 13 SOUTHLAKE, TARRANT COUNTY, TEXAS AND BEING LOCATED AT 445 WEST SOUTHLAKE BOULEVARD, SOUTHLAKE, TEXAS. CURRENT ZONING: C2 - LOCAL RETAIL COMMERCIAL DISTRICT. SPIN NEIGHBORHOOD #10. PUBLIC HEARING APPROVED Planner I Daniel Cortez presented item for Council and was available to answer questions. Mr. Cortez's review included future land use designation, current zoning for property, original concept plan, proposed site plan, elevation plan and landscape plan. Mr. Cortez outlined the variances requested by the applicant. The Planning and Zoning Commission approved the request by a vote of 6 -0, granting the requested variances for off - street parking from 48 to 44 parking spaces; width of curb landscape area; driveway stacking; and subject to the applicant's willingness to: remove dumpster from proposal and include two additional parking spaces on the lot and include additional evergreen plantings on the western portion of the property; and subject to staff review summary No. 3, dated August 31, 2011. Applicant representative Kosse Maykus was available to answer questions from Council. Council and applicant discussed the service drive depicted on the site plan. Council expressed concern with the service drive becoming a drive through and the additional vehicular traffic. Mr. Maykus informed Council the service drive is needed for the business to provide access for delivery of services /goods. In response to Council member Wang's request, Mr. Maykus agreed to remove the parking space located next to the fire hydrant at the southwest corner of the lot. In response to Council member Morris' question, Mr. Maykus informed Council he visited with the owner of the veterinary clinic, but the owner was not open to executing a cross - access agreement. Mayor Terrell opened the public hearing, and asked for anyone wishing to speak on the item to come forward. There being no one wishing to speak, Mayor Terrell closed the public hearing. A motion was made to approve ZA11 -034, the site plan for Stratfort Gardens Retail Center, approving the variances for off - street parking, parking lot landscape area requirements, and driveway stacking; applicant will remove one parking space on the site plan from the southwest corner of the lot, providing a net total of 45 parking spots, including three offsite parking spots at the Goddard property; applicant will remove dumpster on the property, subject to providing a utilization agreement for the dumpster on the Goddard property; the western elevations will mimic the window openings on the northwest corner property with four stone faux window type treatments for the southern REGULAR CITY COUNCIL MEETING MINUTES, September 20, 2011 Page 5 of 13 portion of the building; the service lane drive through access on the western side of the property for distribution or use of a drive through would only be available to the southern 3,500 square feet of the building and provided that there is no on -site food consumption on the southern 3,5000 square feet of the building. Motion: Bledsoe Second: Morris Ayes: Bledsoe, Morris, Muller, Terrell, Schelling, Zito, Wang Nays: None Approved: 7 -0 6B. ORDINANCE NO. 1014, 2 READING, APPROVE AND ADOPT THE ANNUAL BUDGET FOR THE FISCAL YEAR 2012 AND APPROVE THE REVISED BUDGET FIGURES FOR THE FISCAL YEAR 2011 AND MULTI -YEAR CAPITAL IMPROVEMENTS PLAN. PUBLIC HEARING APPROVED City Manager Shana Yelverton summarized the item and answered questions from Council. Mayor Terrell opened the public hearing, and asked for anyone wishing to speak on the item to come forward. There being no one wishing to speak, Mayor Terrell closed the public hearing. A motion was made to approve Ordinance No. 1014, annual budget for the fiscal year 2012 and approve the revised budget figures for fiscal year 2011 and multi -year capital improvements plan, with an additional $157,000 to the utility fund capital improvement project for the Kimball Avenue /Forest Main relocation. Motion: Bledsoe Second: Zito Ayes: Bledsoe, Morris, Muller, Terrell, Schelling, Zito, Wang Nays: None Approved: 7 -0 6C. ORDINANCE NO. 1015, 2 READING, TAX LEVY ORDINANCE. PUBLIC HEARING APPROVED Council member Morris left the meeting at 9:09 p.m. Council did not require a presentation for this item. Council member Morris returned to the meeting at 9:10 p.m. REGULAR CITY COUNCIL MEETING MINUTES, September 20, 2011 Page 6 of 13 Mayor Terrell opened the public hearing, and asked for anyone wishing to speak on the item to come forward. There being no one wishing to speak, Mayor Terrell closed the public hearing. A motion was made to approve Ordinance No. 1015. Motion: Bledsoe Second: Zito Ayes: Bledsoe, Morris, Muller, Terrell, Schelling, Zito, Wang Nays: None Approved: 7 -0 6D. ORDINANCE NO. 1009, 2 READING, CARROLL /F.M. 1709 SMALL AREA PLAN, A COMPONENT OF THE SOUTHLAKE 2030 LAND USE PLAN. PUBLIC HEARING (THIS ITEM WAS TABLED BY CITY COUNCIL AT THE SEPTEMBER 6, 2011 MEETING.) APPROVED Mayor Pro Tem Bledsoe left the meeting at 9:11 p.m. Director of Planning and Development Ken Baker summarized item and was available to answer questions from Council. Mayor Pro Tem Bledsoe returned to the meeting at 9:14 p.m. In response to Council member Wang's question, Mr. Baker explained the difference between density cluster and medium density cluster. Mayor Terrell opened the public hearing, and asked for anyone wishing to speak on the item to come forward. There being no one wishing to speak, Mayor Terrell closed the public hearing. A motion was made to approve Ordinance No. 1009, Carroll /FM 1709 Small Area Plan, a component of the Southlake 2030 Land Use Plan with the following stipulations: the clustering comment will be removed from the land use medium density cluster designation, but will include a comment that there will be site specific comments regarding clustering of housing, which will include rationale for the preservation of critical environmental resources —open spaces and similar elements of that nature. Motion: Bledsoe Second: Morris Ayes: Bledsoe, Morris, Muller, Terrell, Schelling, Zito, Wang Nays: None Approved: 7 -0 6E. ORDINANCE NO. 1010, 2 READING, CROOKED /KIMBALL SMALL AREA REGULAR CITY COUNCIL MEETING MINUTES, September 20, 2011 Page 7 of 13 PLAN, A COMPONENT OF THE SOUTHLAKE 2030 LAND USE PLAN. PUBLIC HEARING (THIS ITEM WAS TABLED BY CITY COUNCIL AT THE SEPTEMBER 6, 2011 MEETING.) APPROVED Director of Planning and Development Ken Baker summarized item and was available to answer questions from Council. Mr. Baker outlined the changes made after the first reading of the ordinance. Council had considerable discussion regarding the land use recommendations and the small area plan. Mayor Terrell opened the public hearing, and asked for anyone wishing to speak on the item to come forward. Mr. Darrell Faglie, 505 South Kimball Avenue, inquired about the City process when considering a master land use plan. Mr. Baker summarized the process to implement a land use plan and how the plan is utilized by the Council. There being no one else wishing to speak, Mayor Terrell closed the public hearing. A motion was made to approve Ordinance No. 1010, Crooked /Kimball, a component of the 2030 Land Use Plan, with the following stipulations: the low density designations for the two most northerly Tots located along the eastern boundary of Kimball be designated as mixed use and the southerly lot included therein will have its line drawn across and over to the 65LDN and be designated as mixed use; development in low density designation shall be developed in a master planned context; the overall mixed use will be proceeded in a master planned manner, with the preference to have lower intensity uses from the northeast to the southwest across the plan area; and the removal of the clustering designation on the low- intensity portion of the land use plan. Motion: Bledsoe Second: Wang Ayes: Bledsoe, Muller, Terrell, Schelling, Zito, Wang Nays: Morris Approved: 6 -1 Mayor Terrell recessed the meeting at 10:26 p.m. Mayor Terrell reconvened the meeting at 10:35 p.m. 6F. ORDINANCE NO. 1012, 2 READING, F.M. 1709 /F.M. 1938 CORRIDOR SECTOR PLAN, AN ELEMENT OF THE SOUTHLAKE 2030 LAND USE PLAN. PUBLIC HEARING REGULAR CITY COUNCIL MEETING MINUTES, September 20, 2011 Page 8 of 13 APPROVED Director of Planning and Development Ken Baker summarized item and was available to answer questions from Council. Council had considerable discussion regarding the land use recommendations and the FM 1709/FM 1938 corridor sector plan. Mayor Terrell opened the public hearing, and asked for anyone wishing to speak on the item to come forward. Mr. Juergen Strunck, 200 North Carroll Avenue Post Avenue, spoke in opposition of item. Mr. Angelo Mendez, 1334 Lake View Drive, spoke in support of the item. There being no one else wishing to speak, Mayor Terrell closed the public hearing. A motion was made to approve Ordinance No. 1012, FM 1709/FM 1938 Corridor Sector Plan, an element of the 2030 Land Use Plan, with the following stipulations: the plan area at the northwest corner of Carroll and FM 1709 will include a sliver of office /commercial to coincide with the plat area of the existing development; the Mendez property will coincide with the overall plat development; the remainder of the plan area will have a medium density residential designation with recommendation or consideration that higher office uses may be considered along the eastern property boundaries along Carroll Avenue, provided that they are planned in a comprehensive manner; changing the designation of the Stratford Garden development from office /commercial to mixed use; and discourage any connectivity with cross lane to Carroll at the northwest corner of Carroll and FM 1709. Motion: Bledsoe Second: Morris Ayes: Bledsoe, Morris, Muller, Terrell, Schelling, Zito, Wang Nays: None Approved: 7 -0 7. ORDINANCES, FIRST READINGS, AND RELATED ITEMS: 7A. ORDINANCE NO. 480 -439B (ZA11 -027), 1 READING, ZONING CHANGE AND SITE /CONCEPT PLAN FOR CORNERSTONE BUSINESS PARK ON PROPERTY DESCRIBED AS LOTS 1R, 2R1 R, 3R, 4R, AND 5R1, 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. REQUESTED ZONING: S -P -2 — GENERAL SITE PLAN DISTRICT. SPIN NEIGHBORHOOD #8. (IF APPROVED ON 1sT REGULAR CITY COUNCIL MEETING MINUTES, September 20, 2011 Page 9 of 13 READING, THE PUBLIC HEARING FOR THIS ITEM WILL BE HELD ON OCTOBER 4, 2011.) TABLED Applicant was not present to give a presentation to Council. A motion was made to table Ordinance No. 480 -439B to the October 4, 2011 meeting. Motion: Bledsoe Second: Zito Ayes: Bledsoe, Morris, Muller, Terrell, Schelling, Zito, Wang Nays: None Approved: 7 -0 Mayor Terrell announced that Council would move to Item 8B. 8B. RESOLUTION NO. 11 -043, APPOINT MEMBERS TO THE CRIME CONTROL AND PREVENTION DISTRICT. (THIS ITEM WAS TABLED BY CITY COUNCIL AT THE SEPTEMBER 6, 2011 MEETING.) APPROVED A motion was made to approve Resolution No. 11 -043 to appoint the following Crime Control and Prevention District members to a term expiring September 2013: Mr. Ken McMillian, Place 1; Mr. Robert Williams, Place 2; Mr. Frank Powers, Place 3; and Richard Sandow, Place 4. Motion: Bledsoe Second: Morris Ayes: Bledsoe, Morris, Muller, Terrell, Schelling, Zito, Wang Nays: None Approved: 7 -0 Mayor Terrell announced that Council would move to Item 9A. 9A. CONSIDER RECOGNITION OPTIONS FOR TOWN SQUARE DEVELOPER BRIAN STEBBINS. Mayor Terrell summarized item and asked Council if there was consensus for a piece of art to recognize Mr. Brian Stebbins. There was consensus from Council for the art piece. Council discussed the recognition of Brian Stebbins contribution, his partnership with the City and the result of the collaborative effort and completion of Town Square. The consensus of Council was to recognize both Brian Stebbins and the City of Southlake for their joint partnership on the successful Town Square development. REGULAR CITY COUNCIL MEETING MINUTES, September 20, 2011 Page 10 of 13 Council directed staff to review language and bring forward their recommendation at the next Council meeting. Mayor Terrell announced that Council would move to Item 10A. 10A. DISCUSS SAFETY TOWN. Mayor Terrell commented this item was placed on the agenda to discuss and provide direction to staff regarding Safety Town. Mayor Terrell announced that the Parks and Recreation Board expressed an interest to include this project in their 2030 Parks, Recreation and Open Space Master plan discussion. Council discussed the Safety Town project. There was no consensus of Council regarding funding amount or location for Safety Town. The consensus of Council was to charge the Parks and Recreation Board to include the Safety Town project in the 2030 master plan discussion. 8. RESOLUTIONS: 8A. RESOLUTION NO. 11 -042, APPOINT MEMBERS TO THE BUILDING BOARD OF APPEALS, JOINT UTILIZATION COMMITTEE, LIBRARY BOARD, PARKS AND RECREATION BOARD, SOUTHLAKE ARTS COUNCIL, SOUTHLAKE PARKS DEVELOPMENT CORPORATION, ZONING BOARD OF ADJUSTMENT AND SOUTHLAKE PROGRAM FOR THE INVOLVEMENT OF NEIGHBORHOODS (S.P.I.N.). (THIS ITEM WAS TABLED BY CITY COUNCIL AT THE SEPTEMBER 6, 2011 MEETING.) APPROVED A motion was made to approve Resolution No. 11 -042, appointing the following board and commission members: BOARD OF APPEALS Richard Sandow Place 5 May 2013 Michael Waldman Place 7, Alternate 2 May 2013 LIBRARY BOARD Sally Biersmith Place 7 May 2013 PARKS AND RECREATION BOARD Lori Palmer Place 4 May 2012 (fill a vacancy) REGULAR CITY COUNCIL MEETING MINUTES, September 20, 2011 Page 11 of 13 SOUTHLAKE ARTS COUNCIL Jesika Cook Place 3 May 2013 Tammy Hashemian Place 5 May 2013 Leslie Ann Walker Place 7 May 2013 SOUTHLAKE PROGRAM FOR THE INVOLVEMENT OF NEIGHBORHOODS (SPIN) Rob Baker SPIN No. 1 May 2013 Jeffrey Medici SPIN No. 3 May 2013 Barbara Schlauch SPIN No. 5 May 2013 Vic Awtry SPIN No. 7 May 2013 Ray Tremain SPIN No. 9 May 2013 Monique Schill SPIN No.11 May 2013 Michelle Terry Youth SPIN Representative May 2012 (fill a vacancy) Juliet Williams SPIN No. 6, Alternate May 2012 (fill a vacancy) Milton Blake Senior, Alternate May 2012 (fill a vacancy) Motion: Bledsoe Second: Zito Ayes: Bledsoe, Morris, Muller, Terrell, Schelling, Zito, Wang Nays: None Approved: 7 -0 8B. RESOLUTION NO. 11 -043, APPOINT MEMBERS TO THE CRIME CONTROL AND PREVENTION DISTRICT. (THIS ITEM WAS TABLED BY CITY COUNCIL AT THE SEPTEMBER 6, 2011 MEETING.) APPROVED Council discussed this item earlier in the meeting. 9. OTHER ITEMS FOR CONSIDERATION: 9A. CONSIDER RECOGNITION OPTIONS FOR TOWN SQUARE DEVELOPER BRIAN STEBBINS. REGULAR CITY COUNCIL MEETING MINUTES, September 20, 2011 Page 12 of 13 10. OTHER ITEMS FOR DISCUSSION: 10A. DISCUSS SAFETY TOWN. Council discussed this item earlier in the meeting. 11. MEETING ADJOURNED. Mayor Terrell adjourned the meeting at 12:28 a.m. *An audio recording of this meeting will be permanently retained in the City Secretary's Office. John erre Mayor ATTEST: ► 1 : • � • Alicia Richardson - •• : City Secretary •.'"'• "••• REGULAR CITY COUNCIL MEETING MINUTES, September 20, 2011 Page 13 of 13 Star -Telegram 400 W. 7TH STREET FORT WORTH, TX 76102 (817)390-7761 Federal Tax ID 26-2674582 INVOICE RECEIVED Bill To: CITY OF SOUTHLAKE 0FG31 R 1400 MAIN ST STE 440 SOUTHLAKE, TX 76092-7604 NOTICE ( Misc Fee I3580 1 23 Customer ID: CIT57 Invoice Number: 317281061 Invoice Date: 8/22/2011 Terms: Net due in 21 days Due Date: 8/31/2011 PO Number: 21100072 Order Number: 31728106 Sales Rep: 073 Description: NOTICE OF PUBLI Publication Date: 8/22/2011 23 LINE $0.81 $18.63 $20.70 Legal Notices Net Amount: $39.33 THIS NOTICE IS HEREBY GIVEN TO ALL INTERESTED PERSONS THAT THE CITY COUNCIL OF SHE CITY OF SOUTHLAKE WILL BEHOLDING A PUBLIC HEARING ON SEPTEM' BER 20, 2011, AT 6:00 P.M. 0R �, ,�•�� IMMEDIATELY FOLLOWING THE ""•• WORK SESSION IN THE COUNCIL'Y PU8<i CHAMBERS AT THE TOWN HALL, 1400 MAIN STREET, SOUTHLAKE, �; 0 �� * THE UR HEPOSE OF THE HEARING IS yy' 2 CO C TO CONSIDER THE FY 2012 AN- NUAL OPERATING BUDGET AND MULTIYEAR CIP FOR THE �•J •• �� g SOUTHLAKE CRIME CONTROL AND •'•. �(PIR�;.•' �� PREVENTION DISTRICT. A COPY OF THE PROPOSED BUDGET IS /'„SECRETARY'S 111111111��� 07 31 • `�\\\``` AVAILABLE FOR PUBLIC INSPEC- THE STATI TION IN THE CITY OFFICE AT 1400 MAIN STREET, County of _ SUITE 270, SOUTHLAKE, TEXAS. Before me, a Notary Public in and for said County and State, this day personally appeared Deborah Baylor Norwood, Bid and Legal Coordinator for the Star -Telegram, published by the Star -Telegram, Inc. at Fort Worth, in Tarrant County, Texas; and who, after being duly sworn, did depose and say that the attached clipping of an advertisement was publish e in the above named paper on the listed dates: BIDS & LEGAL DEPT. STAR TELEGRAM (817)215-2323 ^ ' mok"_ SUBSCRIBED AND SWORN TO BEFORE ME, THIS Thursday, Au GyI' 2)y, 2011. Notary Thank You For Your Payment ---------------------------------------------- Remit To: Star -Telegram P.O. BOX 901051 FORT WORTH, TX 76101-2051 Customer ID: Customer Name: Invoice Number: Invoice Amount: PO Number: Amount Enclosed: CIT57 CITY OF SOUTHLAKE 317281061 $39.33 21100072