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2012-05-15 Regular CC MeetingREGULAR CITY COUNCIL MEETING: May 15, 2012 LOCATION: 1400 Main Street, Southlake, Texas 76092 Council Chambers in Town Hall  WORK SESSION: 4:00 P.M. 1. Call to order. 2. Invocation: Chris Hatchett, Chaplain of the Month 3. Boards and Commissions management system 4. Water conservation and restriction enforcement 5. Strategic Focus Discussion: A. Mobility – Vehicular and Mobility B. Infrastructure C. Quality Development D. Volunteerism E. Partnerships – Community F. High Performance Management G. Safety & Security H. City Values 6. 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. Executive Session: 2. A. 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 Executive Session may be attached hereto and incorporated herein. 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 subject matter of this City Council meeting. Section 551.071: Consultation with attorney 1. 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 boards and commissions. Ý·¬§ ±º ͱ«¬¸´¿µ» ª¿´«»­æ ײ¬»¹®·¬§ ײ²±ª¿¬·±² ß½½±«²¬¿¾·´·¬§ ݱ³³·¬³»²¬ ¬± Û¨½»´´»²½» Ì»¿³©±®µ City of Southlake City Council meeting agenda May 15, 2012 Page 2 of 7 c. Seek the advice of the city attorney regarding permitted uses and activities with particular zoning classification. Section 551.072: Deliberation regarding real property 2. a. Discuss the potential purchase, lease or value of real property for city facilities and projects. Section 551.074: Deliberation regarding personnel 3. a. Deliberate the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of the City Manager, City Secretary, City Attorney and Municipal Judge. Section 551.087: Deliberation regarding economic 4. development negotiations a. Economic incentives for businesses. Reconvene: B.Action necessary on items discussed in Executive Session. REPORTS: 3. A. Mayor’s Report 1. Proclamation – Motorcycle Safety and Awareness Month 2. Recognition – Carroll students accepted to military academy B. City Manager’s Report 1. Presentation of Texas ASLA Merit Award for Bicentennial Park Phase 1 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 the minutes from the May 1, 2012 City Council meeting. B. Approve purchase of replacement fuel storage tanks and related fueling equipment utilizing a Department of Energy American Recovery and Reinvestment Act (ARRA) Grant facilitated through the North Central Texas Council of Governments (NCTCOG) in the amount of $142,000 from Stovall Electric. C. Approve Amendment No. 1 to the engineering agreement with Transystems, Inc. for FM 1938 Phase 2 landscaping design in the amount of $67,833. Ý·¬§ ±º ͱ«¬¸´¿µ» ª¿´«»­æ ײ¬»¹®·¬§ ײ²±ª¿¬·±² ß½½±«²¬¿¾·´·¬§ ݱ³³·¬³»²¬ ¬± Û¨½»´´»²½» Ì»¿³©±®µ City of Southlake City Council meeting agenda May 15, 2012 Page 3 of 7 D. Approve naming of Westwood Connector as Wood Way. E. Approve the purchase of 21 mobile radios from Motorola Solutions in the amount of $64,176. F. Approve a contract in the amount of $853,324 with Motorola for the upgrade of the NETCO radio system and approve a $170,560 NETCOM dispatch console upgrade expense with the City of Keller. G. Resolution No. 12-028, approving and authorizing publication of notice of intention to issue Certificates of Obligation, Series 2012 for capital improvement projects. st H. Ordinance No. 1033, 1 Reading, adopt an ordinance to establish parking restriction on the east side of Breezeway and Union Church between the 2200 and 3100 blocks of Union Church. I. Ordinance No. 1032, 1st Reading, Water System Master Plan, a component of the Southlake 2030 Comprehensive Plan. ø׺ ¿°°®±ª»¼ô ¬¸» Ы¾´·½ Ø»¿®·²¹ ©·´´ ¾» ¸»´¼ ±² Ö«²» ëô îðïî÷ò st J. Ordinance No. 480-619 (ZA12-007), 1 Reading, Zoning Change and Site Plan for Nolen Office Park on property described as Tract 11A, Thomas Easter Survey, Abstract No. 474, Southlake, Tarrant County, Texas and located at 300 S. Nolen Dr., Southlake, Texas. Current Zoning: AG Agricultural District. Requested Zoning: S-P-1 Detailed Site Plan District. On May 3, 2012, the Planning and Zoning SPIN Neighborhood #8. Commission tabled this item to their May 17, 2012 meeting. Staff recommends tabling this item to the June 5, 2012 City Council meeting. ø̸» Ы¾´·½ Ø»¿®·²¹ ©¿­ °«¾´·­¸»¼ º±® Ö«²» ëô îðïîò ׺ ¿°°®±ª»¼ ¿¬ ¬¸» º·®­¬ ®»¿¼·²¹ ±² Ö«²» ëô îðïîô ¬¸» Ы¾´·½ Ø»¿®·²¹ ©·´´ ¾» ¸»´¼ ±² Ö«²» ïçô îðïîò÷ REGULAR AGENDA: 5. Public Forum. ø̸» Ы¾´·½ Ú±®«³ ©·´´ ²±¬ ¾»¹·² °®·±® ¬± éæðð °ò³ò ̸·­ ·­ ¬¸» °«¾´·½ù­ ±°°±®¬«²·¬§ ¬± ¿¼¼®»­­ ¬¸» Ý·¬§ ݱ«²½·´ ¿¾±«¬ ²±²ó¿¹»²¼¿ ·¬»³­ò Ü«®·²¹ ¬¸·­ °®±½»»¼·²¹ô ¬¸» Ý·¬§ ݱ«²½·´ ©·´´ ²±¬ ¼·­½«­­ô ½±²­·¼»® ±® ¬¿µ» ¿½¬·±² ±² ¿²§ ·¬»³ °®»­»²¬»¼ò É» ®»­°»½¬º«´´§ ¿­µ ¬¸¿¬ ¿²§±²» ­¬»°°·²¹ º±®©¿®¼ ¬± ­°»¿µ ¼«®·²¹ Ы¾´·½ Ú±®«³ ¬± °´»¿­» ´·³·¬ ®»³¿®µ­ ¬± ¬¸®»» ³·²«¬»­ ±® ´»­­ò÷ 6. Ordinances, second readings, public hearings, and related items: Ý·¬§ ±º ͱ«¬¸´¿µ» ª¿´«»­æ ײ¬»¹®·¬§ ײ²±ª¿¬·±² ß½½±«²¬¿¾·´·¬§ ݱ³³·¬³»²¬ ¬± Û¨½»´´»²½» Ì»¿³©±®µ City of Southlake City Council meeting agenda May 15, 2012 Page 4 of 7 nd A. Ordinance No. 480-187C (ZA12-034), 2 Reading, Zoning Change and Site Plan for 280 Sports on property being described as Lot 2R, Block B, Commerce Business Park, an addition to the City of Southlake, Tarrant County, Texas, and being located at 280 Commerce Street, Southlake, Texas. Current Zoning: S-P-1 Detailed Site Plan District. Requested PUBLIC Zoning: S-P-1 Detailed Site Plan District. SPIN Neighborhood #8. HEARING nd B. Ordinance No. 480-338D (ZA12-035), 2 Reading, Zoning Change and Site Plan for the Carroll Independent School District Senior High School on property being described as Lot 1, Block 1, Carroll Senior High School Addition, an addition to the City of Southlake, Tarrant County, Texas and being located at 1501 W. Southlake Blvd., Southlake, Texas. Current Zoning: S-P-1 Detailed Site Plan District. Requested Zoning: S-P-1 PUBLIC HEARING Detailed Site Plan District. SPIN Neighborhood #10. nd C. Ordinance No. 693-C 2 Reading, approve an ordinance to amend the PUBLIC HEARING City of Southlake Lighting Ordinance No. 693- B. D. Approval of amended Fiscal Year 2012 Crime Control and Prevention District annual operating budget and multi-year capital improvement PUBLIC HEARING program. E. Approve guaranteed maximum price in the amount of $13,315,693 with Lee Lewis Construction for the construction of the Department Public Safety North training facility. F. Ordinance No. 598-E, 2nd Reading, approve Ordinance No. 598-E and related exhibits, revising aspects of the Southlake Program for the Involvement of Neighborhoods (SPIN) Code of Conduct and replacing PUBLIC HEARING Ordinance No. 598-D. G. Consider recommendation from the SPIN Standing Committee regarding Code of Conduct complaint. 7. Ordinances, first readings, and related items: ø̸»®» ¿®» ²± ·¬»³­ ±² ¬¸·­ ¿¹»²¼¿ò÷ 8. Resolutions: ø̸»®» ¿®» ²± ·¬»³­ ±² ¬¸·­ ¿¹»²¼¿ò÷ 9. Other items for consideration: A. Consider SV12-005, variance to Sign Ordinance No. 704, as amended, for Bottlecap Alley located at 2150 E. S.H. 114. Ý·¬§ ±º ͱ«¬¸´¿µ» ª¿´«»­æ ײ¬»¹®·¬§ ײ²±ª¿¬·±² ß½½±«²¬¿¾·´·¬§ ݱ³³·¬³»²¬ ¬± Û¨½»´´»²½» Ì»¿³©±®µ City of Southlake City Council meeting agenda May 15, 2012 Page 5 of 7 B. Consider approval of the Bob Jones Nature Center & Preserve Management Agreement. 10. Other items for discussion: ø̸»®» ¿®» ²± ·¬»³­ ±² ¬¸·­ ¿¹»²¼¿ò÷ 11. Meeting adjourned. 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, May 11, 2012 by 6:00 p.m., pursuant to the Texas Government Code, 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. Ý·¬§ ±º ͱ«¬¸´¿µ» ª¿´«»­æ ײ¬»¹®·¬§ ײ²±ª¿¬·±² ß½½±«²¬¿¾·´·¬§ ݱ³³·¬³»²¬ ¬± Û¨½»´´»²½» Ì»¿³©±®µ City of Southlake City Council meeting agenda May 15, 2012 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. City of Southlake v. Jeff Massey, et al; Cause No. 2011-003365-3; eminent domain action regarding property located at 1200 North Kimball, Southlake, Texas. 6. Legal issues related to property located at 3100, 3110, and 3112 East Southlake Boulevard. 7. City of Southlake v. Ashwin J. Babaria, et al; Cause No. 2011-006149-3; eminent domain action regarding property located at 1470 N. Kimball Avenue, Southlake, Texas. 8. Metro-Plex Underground, LP v. Ed Bell Construction and ARCH Insurance Company; Cause No. 048-258408-12 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 Ý·¬§ ±º ͱ«¬¸´¿µ» ª¿´«»­æ ײ¬»¹®·¬§ ײ²±ª¿¬·±² ß½½±«²¬¿¾·´·¬§ ݱ³³·¬³»²¬ ¬± Û¨½»´´»²½» Ì»¿³©±®µ City of Southlake City Council meeting agenda May 15, 2012 Page 7 of 7 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. 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. Ý·¬§ ±º ͱ«¬¸´¿µ» ª¿´«»­æ ײ¬»¹®·¬§ ײ²±ª¿¬·±² ß½½±«²¬¿¾·´·¬§ ݱ³³·¬³»²¬ ¬± Û¨½»´´»²½» Ì»¿³©±®µ cITY OF SOUTHLAKE TEXAS REGULAR CITY COUNCIL MEETING MINUTES: Mav 15, 2012 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, and Martin Schelling. CITY COUNCIL ABSENT: Council members Jeff Wang and Al Zito. STAFF PRESENT: City Manager Shana Yelverton, Assistant City Manager Ben Thatcher, Assistant City Manager /Director of Public Safety Jim Blagg, Communication and Website Manager Pilar Schank, Director of Community Services Chris Tribble, Director of Economic Development Greg Last, Director of Finance Sharen Jackson, Fire 13 Chief Mike Starr, Director of Human Resources Stacey Black, Director of Planning and Development Services Ken Baker, Police Chief Steve Mylett, Director of Public Works Bob Price, 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 4:08 p.m. 2. INVOCATION Mr. Nino Elliot with The Hills Church of Christ gave the invocation. Mayor Terrell led the pledge of allegiance. 3. BOARDS AND COMMISSIONS MANAGEMENT SYSTEM Assistant City Manager Ben Thatcher provided Council with an overview of strategy initiatives implemented by staff to support Council's desire to implement a boards and commissions management plan. The plan includes application and selection; training and expectations; board member welcome packet; board member manual to include code of conduct and policy guidelines; and online training portal. Staff asked Council for direction regarding: (1) appointments— staggered or annual; (2) City review process; and (3) annual board reporting process. REGULAR CITY COUNCIL MEETING MINUTES, May 15, 2012 Page 1 of 11 Council directed staff to implement bi- annual appointments versus annual appointments. Council expressed the importance of organizing the process to allow time to review and narrow applications and interview prospective candidates. Pursuant to discussion, the revised process would begin with the second grouping of appointments. Council also discussed the marketing plan and importance of educating the public of volunteer opportunities. Council discussed creating a survey or reporting mechanism to capture feedback from each Council- appointed board, commission and committee. The consensus of Council was to meet with various boards once a year. 4. WATER CONSERVATION AND RESTRICTION ENFORCEMENT Public Works Director Bob Price and Planning and Development Services Ken Baker provided Council with an update on the City's action regarding water conservation and restriction enforcement. Mr. Baker reviewed staffs recommendation to notify residents of first and final warnings. If Council approves, staff will focus on educating public of the new process by means of the newspaper and city communication tools — Facebook, Twitter, website, e-mail target blast. Council discussed signage for properties utilizing water wells and the recommended signs proposed by staff that would be placed in yards to notify residents of first and final warnings. Council had no objection to staffs recommendations. 5. STRATEGIC FOCUS DISCUSSION: A. MOBILITY – VEHICULAR AND MOBILITY B. INFRASTRUCTURE C. QUALITY DEVELOPMENT D. VOLUNTEERISM E. PARTNERSHIPS – COMMUNITY F. HIGH PERFORMANCE MANAGEMENT G. SAFETY & SECURITY H. CITY VALUES In response to a question from Council member Morris, Public Works Director Bob Price provided an update on the FM 1709 /Southlake Boulevard construction. City Manager Shana Yelverton informed Council that staff would provide a comprehensive traffic presentation at the June City Council retreat. 6. DISCUSS ALL ITEMS ON TONIGHT'S MEETING AGENDA. NO ACTION WILL BE TAKEN AND EACH ITEM WILL BE CONSIDERED DURING THE REGULAR SESSION. Mayor Terrell read the consent agenda items. REGULAR CITY COUNCIL MEETING MINUTES, May 15, 2012 Page 2 of 11 REGULAR SESSION: 1. CALL TO ORDER The Regular Session of the City Council was called to order by Mayor John Terrell at 6:20 p.m. 2A. EXECUTIVE SESSION Mayor John 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; and Section 551.087, deliberation regarding economic development negotiations. City Council adjourned for Executive Session at 6:20 p.m. Executive Session began at 6:21 p.m. and concluded at 7:05 p.m. 2B. RECONVENE Mayor John Terrell reconvened the regular meeting at 7:08 p.m. 3. REPORTS r Report Mayor's ep ort— Mayor Terrell announced the upcoming meetings and events. 1. Proclamation — Motorcycle Safety and Awareness Month Mayor Terrell recognized members of the Patriot Motorcycle Club and read a proclamation recognizing the month of May as motorcycle safety awareness month. 2. Recognition — Carroll students accepted to military academy Mayor Terrell recognized Carroll students Austin McCasin and Thomas Stanford for being accepted into military academies. 3. REPORTS B. City Manager's Report — 1. Presentation of Texas ASLA Merit Award for Bicentennial Park Phase I Mr. James Williams of Schrickel, Rollins and Associates presented the Texas ASLA Merit Award for Bicentennial Park Phase I. Community Services Director Chris Tribble and City Council accepted the award. REGULAR CITY COUNCIL MEETING MINUTES, May 15, 2012 Page 3 of 11 4. CONSENT AGENDA (Items 4A-J) Consent Agenda items are considered to be routine by the City Council and are enacted with one motion. Mayor Terrell read the Consent Agenda items into the record. 4A. APPROVE THE MINUTES FROM THE MAY 1, 2012 CITY COUNCIL MEETING. 4B. APPROVE PURCHASE OF REPLACEMENT FUEL STORAGE TANKS AND RELATED FUELING EQUIPMENT UTILIZING A DEPARTMENT OF ENERGY AMERICAN RECOVERY AND REINVESTMENT ACT (ARRA) GRANT FACILITATED THROUGH THE NORTH CENTRAL TEXAS COUNCIL OF GOVERNMENTS (NCTCOG) IN THE AMOUNT OF $142,000 FROM STOVALL ELECTRIC. 4C. APPROVE AMENDMENT NO. 1 TO THE ENGINEERING AGREEMENT WITH TRANSYSTEMS, INC. FOR FM 1938 PHASE 2 LANDSCAPING DESIGN IN THE AMOUNT OF $67,833. 4D. APPROVE NAMING OF WESTWOOD CONNECTOR AS WOOD WAY. Council approved naming the Westwood Connector as Southwood. 4E. APPROVE THE PURCHASE OF 21 MOBILE RADIOS FROM MOTOROLA SOLUTIONS IN THE AMOUNT OF $64,176. 4F. APPROVE A CONTRACT IN THE AMOUNT OF $853,324 WITH MOTOROLA FOR THE UPGRADE OF THE NETCO RADIO SYSTEM AND APPROVE A $170,560 NETCOM DISPATCH CONSOLE UPGRADE EXPENSE WITH THE CITY OF KELLER. 4G. RESOLUTION NO. 12 -028, APPROVING AND AUTHORIZING PUBLICATION OF NOTICE OF INTENTION TO ISSUE CERTIFICATES OF OBLIGATION, SERIES 2012 FOR CAPITAL IMPROVEMENT PROJECTS. 4H. ORDINANCE NO. 1033, 1 READING, ADOPT AN ORDINANCE TO ESTABLISH PARKING RESTRICTION ON THE EAST SIDE OF BREEZEWAY AND UNION CHURCH BETWEEN THE 2200 AND 3100 BLOCKS OF UNION CHURCH. 41. ORDINANCE NO. 1032, 1ST READING, WATER SYSTEM MASTER PLAN, A COMPONENT OF THE SOUTHLAKE 2030 COMPREHENSIVE PLAN. (IF APPROVED, THE PUBLIC HEARING WILL BE HELD ON JUNE 5, 2012). 4J. ORDINANCE NO. 480 -619 (ZAl2 -007), 1 READING, ZONING CHANGE AND SITE PLAN FOR NOLEN OFFICE PARK ON PROPERTY DESCRIBED AS TRACT 11A, THOMAS EASTER SURVEY, ABSTRACT NO. 474, REGULAR CITY COUNCIL MEETING MINUTES, May 15, 2012 Page 4 of 11 SOUTHLAKE TARRANT COUNTY, TEXAS AND LOCATED AT 300 S. NOLEN DR., SOUTHLAKE, TEXAS. CURRENT ZONING: AG AGRICULTURAL DISTRICT. REQUESTED ZONING: S -P -1 DETAILED SITE PLAN DISTRICT. SPIN NEIGHBORHOOD #8. ON MAY 3, 2012, THE PLANNING AND ZONING COMMISSION TABLED THIS ITEM TO THEIR MAY 17, 2012 MEETING. STAFF RECOMMENDS TABLING THIS ITEM TO THE JUNE 5, 2012 CITY COUNCIL MEETING. (THE PUBLIC HEARING WAS PUBLISHED FOR JUNE 5, 2012. IF APPROVED AT THE FIRST READING ON JUNE 5, 2012, THE PUBLIC HEARING WILL BE HELD ON JUNE 19, 2012.) A motion was made to approve the consent agenda, including the change in name for the Westwood Connector to Southwood. Motion: Bledsoe Second: Morris Ayes: Bledsoe, Morris, Muller, Schelling, Terrell Nays: None Absent: Zito, Wang Approved: 5 -0 REGULAR AGENDA: 5. PUBLIC FORUM Mayor Terrell opened the public forum and asked for anyone wishing to speak to come forward. There being no one else wishing to speak, Mayor Terrell closed the public forum. 6. ORDINANCES, SECOND READINGS, PUBLIC HEARINGS, AND RELATED ITEMS: 6A. ORDINANCE NO. 480 -187C (ZAl2 -034), 2 READING, ZONING CHANGE AND SITE PLAN FOR 280 SPORTS ON PROPERTY BEING DESCRIBED AS LOT 2R, BLOCK B, COMMERCE BUSINESS PARK, AN ADDITION TO THE CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS, AND BEING LOCATED AT 280 COMMERCE STREET, SOUTHLAKE, TEXAS. CURRENT ZONING: S- P-1 DETAILED SITE PLAN DISTRICT. REQUESTED ZONING: S -P -1 DETAILED SITE PLAN DISTRICT. SPIN NEIGHBORHOOD #8. PUBLIC HEARING APPROVED Council did not require a presentation from staff. REGULAR CITY COUNCIL MEETING MINUTES, May 15, 2012 Page 5 of 11 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 480 -187C (ZAl2 -034), zoning change and site plan for 280 Sports; pursuant to staff report dated April 25, 2012, and noting the 7,500 square foot office 0-1 use limitation. Motion: Bledsoe Second: Morris Ayes: Bledsoe, Morris, Muller, Schelling, Terrell Nays: None Absent: Zito, Wang Approved: 5 -0 In accordance with Section 4.21 of the City Charter, the caption for this item is listed as follows: AN ORDINANCE AMENDING ORDINANCE NO. 480, AS AMENDED, THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF SOUTHLAKE, TEXAS; U GRANTING A ZONING CHANGE ON A CERTAIN TRACT OR TRACTS OF LAND WITHIN THE CITY OF SOUTHLAKE, TEXAS BEING LEGALLY DESCRIBED AS LOT 2R, BLOCK B, COMMERCE BUSINESS PARK, BEING APPROXIMATELY 4.15 ACRES, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "S -P -1" DETAILED SITE PLAN DISTRICT WITH "I -1" LIGHT INDUSTRIAL DISTRICT USES TO INCLUDE RETAIL FURNITURE SALES (AS CURRENTLY EXISTS), INDOOR ENTERTAINMENT USES, PRE - SCHOOL AND KINDERGARTEN USES, TO "S -P -1" DETAILED SITE PLAN DISTRICT WITH "1 -1" LIGHT INDUSTRIAL DISTRICT USES TO INCLUDE RETAIL FURNITURE SALES (AS CURRENTLY EXISTS), INDOOR ENTERTAINMENT USES, PRE - SCHOOL AND KINDERGARTEN USES AND "0-1" OFFICE DISTRICT USES AS DEPICTED ON THE APPROVED SITE PLAN ATTACHED HERETO AND INCORPORATED HEREIN AS EXHIBIT "B ", SUBJECT TO THE SPECIFIC REQUIREMENTS CONTAINED IN THIS ORDINANCE; CORRECTING THE OFFICIAL ZONING MAP; PRESERVING ALL OTHER PORTIONS OF THE ZONING ORDINANCE; DETERMINING THAT THE PUBLIC INTEREST, MORALS AND GENERAL WELFARE DEMAND THE ZONING CHANGES AND AMENDMENTS HEREIN MADE; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY FOR VIOLATIONS HEREOF; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE. 6B. ORDINANCE NO. 480 -338D (ZAl2 -035), 2 READING, ZONING CHANGE AND SITE PLAN FOR THE CARROLL INDEPENDENT SCHOOL DISTRICT SENIOR HIGH SCHOOL ON PROPERTY BEING DESCRIBED AS LOT 1, BLOCK 1, CARROLL SENIOR HIGH SCHOOL ADDITION, AN ADDITION TO REGULAR CITY COUNCIL MEETING MINUTES, May 15, 2012 Page 6 of 11 THE CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS AND BEING LOCATED AT 1501 W. SOUTHLAKE BLVD., SOUTHLAKE, TEXAS. CURRENT ZONING: S -P -1 DETAILED SITE PLAN DISTRICT. REQUESTED ZONING: S -P -1 DETAILED SITE PLAN DISTRICT. SPIN NEIGHBORHOOD #10. PUBLIC HEARING APPROVED Council did not require a presentation from staff. Mayor Terrell opened the public hearing and asked for anyone wishing to speak on the item to come forward. Ms. Lisa Vassios, 1410 Park Place, commented that she is speaking on behalf. of the neighbors of Park Place community. The neighbors were approached by Derek Citty of Carroll Independent School District (CISD) in July 2011. Mr. Citty informed the neighbors of CISD's proposal to demolish, replace and relocate existing property fences that border the northern boundary of Carroll Senior High School. Ms. Vassios informed Council several homeowner meetings were held and the consensus was to respectfully decline CISD's offer. Ms. Vassios is requesting the Council and CISD Board of Trustees approve removal of the site provision and not allow a new fence to be built along the existing homeowner fences. Ms. Vassios also requested that the neighbors of Park Place community continue to be included in any further correspondence regarding this matter. There being no one else wishing to speak, Mayor Terrell closed the public hearing. A motion was made to approve Ordinance No 480 -338D (ZAl2 -035), zoning change and site plan for the Carroll Independent School District Senior High School; pursuant to site plan review summary No. 2, dated May 8, 2012, and removing the fence requirement in previous site plan approval. Motion: Bledsoe Second: Morris Ayes: Bledsoe, Morris, Muller, Schelling, Terrell Nays: None Absent: Zito, Wang Approved: 5 -0 In accordance with Section 4.21 of the City Charter, the caption for this item is listed as follows: AN ORDINANCE AMENDING ORDINANCE NO. 480, AS AMENDED, THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF SOUTHLAKE, TEXAS; GRANTING A ZONING CHANGE ON A CERTAIN TRACT OR TRACTS OF LAND WITHIN THE CITY OF SOUTHLAKE, TEXAS BEING LEGALLY DESCRIBED AS LOT 1, BLOCK 1, CARROLL SENIOR HIGH SCHOOL ADDITION, AN ADDITION TO THE REGULAR CITY COUNCIL MEETING MINUTES, May 15, 2012 Page 7 of 11 CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS, BEING APPROXIMATELY 55.03 ACRES, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "S -P -1" DETAILED SITE PLAN DISTRICT WITH "CS" COMMUNITY SERVICE DISTRICT USES TO "S -P -1" DETAILED SITE PLAN DISTRICT WITH "CS" COMMUNITY SERVICE DISTRICT USES AS DEPICTED ON THE APPROVED SITE PLAN ATTACHED HERETO AND INCORPORATED HEREIN AS EXHIBIT "B ", SUBJECT TO THE SPECIFIC REQUIREMENTS CONTAINED IN THIS ORDINANCE; CORRECTING THE OFFICIAL ZONING MAP; PRESERVING ALL OTHER PORTIONS OF THE ZONING ORDINANCE; DETERMINING THAT THE PUBLIC INTEREST, MORALS AND GENERAL WELFARE DEMAND THE ZONING CHANGES AND AMENDMENTS HEREIN MADE; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY FOR VIOLATIONS HEREOF; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE. 6C. ORDINANCE NO. 693 -C 2 READING, APPROVE AN ORDINANCE TO AMEND THE CITY OF SOUTHLAKE LIGHTING ORDINANCE NO. 693- B. PUBLIC HEARING APPROVED O Planning and Development Services Director Ken Baker presented item and was available to answer questions from Council. Mayor Terrell opened the public hearing and asked for anyone wishing to speak on the item to come forward. Mr. Mark Shepard, Pflugerville, Texas informed Council he was present to answer any questions related to Tight emitting diode (LED). Council had no questions for Mr. Shepard. There being no one else wishing to speak, Mayor Terrell closed the public hearing. A motion was made to approve Ordinance No. 693 -C. Motion: Bledsoe Second: Morris Ayes: Bledsoe, Morris, Muller, Schelling, Terrell Nays: None Absent: Zito, Wang Approved: 5 -0 In accordance with Section 4.21 of the City Charter, the caption for this item is listed as 1 follows: REGULAR CITY COUNCIL MEETING MINUTES, May 15, 2012 Page 8 of 11 AN ORDINANCE ESTABLISHING REQUIREMENTS FOR OUTDOOR LIGHTING; ESTABLISHING ILLUMINATION STANDARDS; ESTABLISHING LUMINANCE LIMITS; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF CERTAIN ORDINANCES; PROVIDING A PENALTY FOR VIOLATIONS; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE. 6D. APPROVAL OF AMENDED FISCAL YEAR 2012 CRIME CONTROL AND PREVENTION DISTRICT ANNUAL OPERATING BUDGET AND MULTI -YEAR CAPITAL IMPROVEMENT PROGRAM. PUBLIC HEARING APPROVED Assistant City Manager /Director of Public Safety Jim Blagg and Fire Chief Mike Starr presented item for Council. Mayor Terrell opened the public hearing and asked for anyone wishing to speak on the item to come forward. Mr. Jeff Smith, 2601 Summit Ridge Drive, clarified the Department of Public Safety (DPS) North Training Facility would not include the fire tower. Mayor Terrell confirmed the fire tower would not be part of this construction. There being no one wishing to speak, Mayor Terrell closed the public hearing. A motion was made to approve the amended Fiscal Year 2012 Crime Control and Prevention District annual operating budget and multi -year capital improvement program. Motion: Bledsoe Second: Morris Ayes: Bledsoe, Morris, Muller, Schelling, Terrell Nays: None Absent: Zito, Wang Approved: 5 -0 6E. APPROVE GUARANTEED MAXIMUM PRICE IN THE AMOUNT OF $13,315,693 WITH LEE LEWIS CONSTRUCTION FOR THE CONSTRUCTION OF THE DEPARTMENT PUBLIC SAFETY NORTH TRAINING FACILITY. APPROVED Assistant City Manager /Director of Public Safety Jim Blagg presented item and was available to answer questions from Council. REGULAR CITY COUNCIL MEETING MINUTES, May 15, 2012 Page 9 of 11 A motion was made to approve the guaranteed maximum price in the amount of $13,315,693 with Lee Lewis Construction for the construction of the Department of Public Safety (DPS) North Training Facility. Motion: Bledsoe Second: Morris Ayes: Bledsoe, Morris, Muller, Schelling, Terrell Nays: None Absent: Zito, Wang Approved: 5 -0 6F. ORDINANCE NO. 598 -E, 2ND READING, APPROVE ORDINANCE NO. 598 -E AND RELATED EXHIBITS, REVISING ASPECTS OF THE SOUTHLAKE PROGRAM FOR THE INVOLVEMENT OF NEIGHBORHOODS (SPIN) CODE OF CONDUCT AND REPLACING ORDINANCE NO. 598 -D. PUBLIC HEARING APPROVED Assistant to City Manager Alison Ortowski summarized item and was available to answer 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. 598 -E. Motion: Bledsoe Second: Morris Ayes: Bledsoe, Morris, Muller, Schelling, Terrell Nays: None Absent: Zito, Wang Approved: 5 -0 In accordance with Section 4.21 of the City Charter, the caption for this item is listed as follows: AN ORDINANCE OF THE CITY OF SOUTHLAKE ESTABLISHING THE SOUTHLAKE PROGRAM FOR THE INVOLVEMENT OF NEIGHBORHOODS (SPIN); PROVIDING FOR APPOINTMENTS TO A SPIN STANDING COMMITTEE AND SPECIFYING FUNCTION; PROVIDING FOR REPEALER CLAUSE; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS ORDINANCE IS PASSED IS OPEN TO THE PUBLIC AS REQUIRED BY LAW. 6G. CONSIDER RECOMMENDATION FROM THE SPIN STANDING COMMITTEE REGARDING CODE OF CONDUCT COMPLAINT. REGULAR CITY COUNCIL MEETING MINUTES, May 15, 2012 Page 10 of 11 City Attorney Allen Taylor summarized the item. Mayor Terrell read comments into the record. The written comments are attached to the minutes. 7. ORDINANCES, FIRST READINGS, AND RELATED ITEMS: (THERE ARE NO ITEMS ON THIS AGENDA.) 8. RESOLUTIONS: (THERE ARE NO ITEMS ON THIS AGENDA,) 9. OTHER ITEMS FOR CONSIDERATION: 9A. CONSIDER SV12 -005, VARIANCE TO SIGN ORDINANCE NO. 704, AS AMENDED, FOR BOTTLECAP ALLEY LOCATED AT 2150 E. S.H. 114. APPROVED Planning and Development Services Director Ken Baker summarized item and was available to answer questions from Council. A motion was made to approve SV12 -005, variance to Sign Ordinance No. 704, as amended. Motion: Bledsoe Second: Morris Ayes: Bledsoe, Morris, Muller, Schelling, Terrell Nays: None Absent: Zito, Wang Approved: 5 -0 10. OTHER ITEMS FOR DISCUSSION: (THERE ARE NO ITEMS ON THIS AGENDA.) 11. MEETING ADJOURNED. Mayor Terrell adjourned the meeting at 8:24 p.m. *An audio recording of this meeting will be permanently retained in the City Secretary's Office. " " " "',,•, John C. Terrell , 0U'f H • (,g kF •,, �layor ATTEST: 4:* k ••• . •• �' S ■ s v ' Alicia Richardson • City Secretary �� - ••' ,,,, ,•••• REGULAR CITY COUNCIL MEETING MINUTES, May 15, 2012 Page 11 of 11 The next item on the agenda is item 6G: Consider recommendation from the SPIN Standing Committee regarding Code of Conduct complaint. The SPIN Standing Committee recently referred a complaint to the City Council involving allegations of Code of Conduct violations by one of its members, Pattie Minder. The complaints came from residents in her neighborhood . who raised concerns about how Ms. Minder's efforts as a SPIN representative were compromised by her personal feelings and activities. Council has reviewed all of the complaint materials, including written documents, taped interviews and meeting tapes, to ensure a complete understanding of the complaint, as well as Ms. Minder's perspective of the issues. Additionally, we have considered the recommendation of the SPIN Standing Committee. Before I discuss our conclusions on this matter, I want to point out that many of my Council colleagues were, at one time, SPIN representatives. This Council has a strong understanding of the program and the work of the representatives. They also know how this unique program was developed and has evolved over the 19 years of its existence. Their experience has been an invaluable resource during this process. Fundamentally, SPIN representatives must meet the communication needs of their SPIN areas. When questions are raised about a representative's ability or willingness to satisfy this requirement, it is incumbent upon the representative to make the adjustments. SPIN exists to facilitate communication between residents and the City. This duty is a critical aspect of the program, but it is sometimes "easier said than done." As we evaluated the complaint, we reflected on the creation of the program's structure. It was intended to allow the representatives to enjoy their full citizenship rights — including their rights to a political opinion -- within the community _The view wasthat SPIN reps woulthsery a neutral communicator within their neighborhoods, without having to sacrifice their citizenship rights. The structure provides general guidance, but requires the representative to find the correct balance. We believe that the vagueness of the structure invites error since the program essentially relies on the enthusiasm of volunteers who will naturally gravitate toward involvement and advocacy, but doesn't go far enough to provide specific direction. We believe that, as the City Council, we have to assume our share of the responsibility for some of the challenges we are now facing. We all believe that work is now needed to provide a stronger framework for the program. We need to specifically direct our SPIN representatives regarding acceptable and unacceptable performance. We are directing staff to work with the City Council and the SPIN Standing Committee to update the program framework, more dearly define the expectations of a SPIN representative, and require SPIN representatives to meet the revised standards to ensure that the needs of the neighborhood are met...even when doing so requires the representative to put their SPIN role ahead of their personal goals and opinions. • Through the course of the review, we have recognized that certain actions by Ms. Minder did not represent the City in the best way possible. But we are unwilling to be punitive in this case because as City leaders we need to provide a clearer path for these citizen volunteers. The City Council has determined that we will not remove Ms. Minder from her position as a SPIN member, but will set a stronger, more specific standard going forward so that everyone that participates in the program has a full understanding of the expectations. Created in 1993, SPIN will soon reach its 20 anniversary. It is time to review all aspects of the program and determine how it and the Standing Committee should function going forward to ensure continued success. We want to sincerely thank everyone involved in this process and we look forward to continuing the discussion so that SPIN remains a relevant and effective communication tool. Unless there are any other comments, we will move to the next item.