2013-05-07 Regular CC MeetinglugCITY OF
S0UTHLA1<,E
TEXAS
REGULAR CITY COUNCIL MEETING: May 7, 2013
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
3. Local Business Report
4. Recognition of Council Members Al Zito and Jeff Wang.
5. 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
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 subject matter of
this City Council meeting.
1. Section 551.071: Consultation with the city attorney
a. Seek advice of the city attorney regarding proposed legislation.
b. Seek advice of the city attorney regarding pending Public
Information Act requests.
2. Section 551.072: Deliberation regarding real property
a. Discuss the potential purchase or lease of real property for city
facilities and projects.
B. Reconvene: Action necessary on items discussed in Executive Session.
3. REPORTS:
A. Mayor's Report
1. Proclamation — Carroll Emerald Belles
City of Southlake values.-
Integrity
alues:Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork
City of Southlake
City Council meeting agenda
May 7, 2013
Page 2 of 6
B. City Manager's 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 April 16, 2013 City Council meeting.
B. Approve Professional Services Agreement with Neel -Schaffer, Inc. for
design of pressure plane interconnection valves in the amount of $64,240.
C. Approve contract renewal with Republic Waste Services of Texas, Ltd. for
the provision of commercial and residential solid waste and recycling
services.
D. Approve an amendment to the Residential Developer's Agreement with
Terra Land Management for Winding Creek.
E. Approve City of Southlake's West Nile Virus action plan.
F. Authorize City Manager to execute an Interlocal Agreement with Tarrant
County to expand and modify the West Nile Virus surveillance and
response program.
G. Approve a Residential Developer Agreement with K. Hovnanian Homes
for Ridgeview at Southlake, Phase I.
H. Approve Resolution No. 13-023, Clarifying Designation of Public
Information Coordinator.
Cancel the July 2, 2013 and July 16, 2013 City Council meetings.
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.)
City of Southlake values.-
Integrity
alues:Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork
City of Southlake
City Council meeting agenda
May 7, 2013
Page 3 of 6
6. Ordinances, second readings, public hearings, and related items:
A. Resolution No. 13-021 (ZA13-032), Specific Use Permit to allow an
accessory building enclosing equipment or activities in conjunction with
the permitted principal use for Texas Health Southlake and to include a
request for a variance to the Masonry Ordinance No. 557-A, as amended,
on property described as Lot 1 R2, Block 1, Gorbutt Addition, an addition to
the City of Southlake, Tarrant County, Texas located at 1545 East
Southlake Boulevard, Southlake, Texas. Current Zoning: S -P-2 -
Generalized Site Plan District. SPIN #8. PUBLIC HEARING
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:
A. This item intentionally left blank.
B. Consider SV13-008, Variance to Sign Ordinance No. 704-F regulations for
Mattress Firm located at 2645 East Southlake Boulevard.
C. Consider MSP13-005, Master Sign Plan for Winding Creek subdivision
generally located south of East Southlake Boulevard and west of South
Carroll Avenue at 400, 480, 500 and 540, South Carroll Avenue.
10. Other items for discussion:
A. Discuss ban on texting while driving.
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 3, 2013 by 6:00 p.m.,
pursuant to the Texas Governmer1t,Qpde, Chapter 551.
H•,
•. �, .
. %
Alicia Richardson, TRMC
City Secretary
City of Southlake values.-
Integrity
alues:Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork
City of Southlake
City Council meeting agenda
May 7, 2013
Page 4 of 6
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
alues:Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork
City of Southlake
City Council meeting agenda
May 7, 2013
Page 5 of 6
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. Pending Public Information Act requests.
2. Texas Attorney General litigation defending the constitutionality of the Texas
Open Meetings Act.
3. Legal issues regarding the Barnett Shale gas extraction and transportation.
4. 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.
5. Legal issues related to property located at 3100, 3110, and 3112 East Southlake
Boulevard.
6. 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.
7. Metro-Plex Underground, LP v. Ed Bell Construction and ARCH Insurance
Company; Cause No. 048-258408-12
8. James & Kathleen Farley v. Mark Wilson, National Carriers, Inc., and City of
Southlake; Cause No. 09-15791.
9. Ed Bell Construction Company v. City of Southlake, Cause No. 348-262825-12
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 regardingprospective 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.
City of Southlake values:
Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork
City of Southlake
City Council meeting agenda
May 7, 2013
Page 6 of 6
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.
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 O F
SOUTHLAKE
TEXAS
REGULAR CITY COUNCIL MEETING MINUTES: May 7, 2013
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 Ben
Thatcher, Assistant City Manager Alison Ortowski, Assistant to the City Manager
Caroline Eckel, Communication and Website Manager Pilar Schank, Director of
Community Services Chris Tribble, Deputy Director of Community Services Candice
Edmondson, Director of Economic Development and Tourism Greg Last, Chief
Financial Officer Sharen Jackson, Fire Chief Mike Starr, Assistant to the
Director /Emergency Management Coordinator Kyle Taylor, Director of Human
Resources Stacey Black, Police Chief Steve Mylett, Senior Director of Planning and
Development Services Ken Baker, Director of Public Works Bob Price, Deputy Director
of Public Works Cheryl Taylor, City Secretary Alicia Richardson, City Attorney E. Allen
Taylor.
WORK SESSION:
1. CALL TO ORDER
The Work Session was called to order by Mayor Terrell at 5:32 p.m.
2. INVOCATION
Mr. Nino Elliott gave the invocation. Mayor Terrell led the pledge of allegiance to the
United States and Texas Flags.
3. LOCAL BUSINESS REPORT
Director of Economic Development and Tourism Greg Last introduced Jenn Kropholler
with Tee with Sugar. Ms. Kropholler provided a description of the services provided,
hours of operation, and location of business.
Mayor Terrell moved to item 5.
REGULAR CITY COUNCIL MEETING MINUTES, May 7, 2013
Page 1 of 7
5. 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.
In response to Deputy Mayor Pro Tem Muller's question, Assistant City Manager Alison
Ortowski advised Council that the City will continue with the services provided by Crud
Cruiser. In addition to the Crud Cruiser, Republic Waste Services of Texas of Texas,
Ltd. will offer a hazardous household waste collection.
4. RECOGNITION OF COUNCIL MEMBERS AL ZITO AND JEFF WANG
Mayor Terrell and Council recognized Council member Zito and Council member Wang
for their service to the City of Southlake. Mayor Terrell, on behalf of Council, presented
Council member Zito and Council member Wang with a framed photo of Town Hall and
Key to the City and a plaque memorializing their service.
City Manager Shana Yelverton, on behalf of City Staff, presented Council member Zito
and Council member Wang with a memory box.
Mayor Terrell advised that Council would recess their meeting to join guests in the foyer
for a reception. Mayor Terrell announced that Council would adjourn to Executive
Session immediately following the reception pursuant to the Texas Government Code,
Section 551.071, consultation with attorney, Section 551.072, deliberation regarding
real property.
5. DISCUSS ALL ITEMS ON TONIGHT'S MEETING AGENDA. NO ACTION WILL
BE TAKEN AND EACH ITEM WILL BE CONSIDERED DURING THE
REGULAR SESSION.
Council discussed this item earlier in the evening.
REGULAR SESSION:
1. CALL TO ORDER
The Regular Session of the City Council was called to order by Mayor Terrell at 6:13
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 attorney,
Section 551.072, deliberation regarding real property.
REGULAR CITY COUNCIL MEETING MINUTES, May 7, 2013
Page 2 of 7
Mayor Terrell recessed the meeting at 6:13 p.m. for a reception in the foyer for Council
members Zito and Wang.
City Council adjourned for Executive Session at 6:45 p.m. Executive Session began at
6:48 p.m. and concluded at 7:39 p.m.
2B. RECONVENE
Mayor Terrell reconvened the meeting at 7:42 p.m. Mayor Terrell asked if any action
was necessary from Executive Session.
A motion was made to authorize staff to proceed with right of way acquisitions for
White's Chapel parcels as discussed in executive session.
3. REPORTS
3A. MAYOR'S REPORT
PROCLAMATION — CARROLL EMERALD BELLES
Mayor Terrell presented Emerald Belle Director Melissa Page with a proclamation
recognizing May 7, 2013 as Southlake Carroll Emerald Belles Drill Team Day.
3B. CITY MANAGER'S REPORT
City Manager Shana Yelverton advised Council they were provided a copy of the City's
quarterly financial review for the period ending March 31, 2013.
4. CONSENT AGENDA 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 APRIL 16, 2013 CITY COUNCIL MEETING.
4B. APPROVE PROFESSIONAL SERVICES AGREEMENT WITH NEEL-
SCHAFFER, INC. FOR DESIGN OF PRESSURE PLANE INTERCONNECTION
VALVES IN THE AMOUNT OF $64,240.
4C. APPROVE CONTRACT RENEWAL WITH REPUBLIC WASTE SERVICES OF
TEXAS, LTD. FOR THE PROVISION OF COMMERCIAL AND RESIDENTIAL
SOLID WASTE AND RECYCLING SERVICES.
4D. APPROVE AN AMENDMENT TO THE RESIDENTIAL DEVELOPER'S
AGREEMENT WITH TERRA LAND MANAGEMENT FOR WINDING CREEK.
4E. APPROVE CITY OF SOUTHLAKE'S WEST NILE VIRUS ACTION PLAN.
REGULAR CITY COUNCIL MEETING MINUTES, May 7, 2013
Page 3 of 7
4F. AUTHORIZE CITY MANAGER TO EXECUTE AN INTERLOCAL AGREEMENT
WITH TARRANT COUNTY TO EXPAND AND MODIFY THE WEST NILE
VIRUS SURVEILLANCE AND RESPONSE PROGRAM.
4G. APPROVE A RESIDENTIAL DEVELOPER AGREEMENT WITH K.
HOVNANIAN HOMES FOR RIDGEVIEW AT SOUTHLAKE, PHASE I.
4H. APPROVE RESOLUTION NO. 13 -023, CLARIFYING DESIGNATION OF
PUBLIC INFORMATION COORDINATOR.
41. CANCEL THE JULY 2, 2013 AND JULY 16, 2013 CITY COUNCIL MEETINGS.
APPROVED
A motion was made to approve the consent agenda as presented.
Motion: Bledsoe
Second: Muller
Ayes: Bledsoe, Morris, Muller, Schelling, Terrell, Wang, Zito
Approved: 7 -0
REGULAR AGENDA:
5. PUBLIC FORUM
No speakers.
6. ORDINANCES, SECOND READINGS, PUBLIC HEARINGS, AND RELATED
ITEMS:
6A. RESOLUTION NO. 13 -021 (ZA13 -032), SPECIFIC USE PERMIT TO ALLOW
AN ACCESSORY BUILDING ENCLOSING EQUIPMENT OR ACTIVITIES IN
CONJUNCTION WITH THE PERMITTED PRINCIPAL USE FOR TEXAS
HEALTH SOUTHLAKE AND TO INCLUDE A REQUEST FOR A VARIANCE
TO THE MASONRY ORDINANCE NO. 557-A, AS AMENDED, ON PROPERTY
DESCRIBED AS LOT 1R2, BLOCK 1, GORBUTT ADDITION, AN ADDITION
TO THE CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS LOCATED AT
1545 EAST SOUTHLAKE BOULEVARD, SOUTHLAKE, TEXAS. CURRENT
ZONING: S -P -2 - GENERALIZED SITE PLAN DISTRICT. SPIN #8. PUBLIC
HEARING.
APPROVED
Senior Director of Planning and Development Services Ken Baker presented item and
was available to answer questions from Council.
REGULAR CITY COUNCIL MEETING MINUTES, May 7, 2013
Page 4 of 7
Applicant representative Ron Roberts presented request and responded to 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 Item 6A, ZA 13 -032, specific use permit for Harris
Methodist Southlake noting the following: denying the requested masonry variance in
Sections 45.16(d) and 45.16(h), Ordinance No. 480 and in lieu the applicant will comply
with masonry zoning requirements; applicant will install protective bollards to ensure
against vehicular damage; approval of variance to Section 45.16(i), Ordinance No. 480
— roof pitch design; masonry and roof will match the rest of the building; and pursuant to
staff report dated May 1, 2013.
Motion: Bledsoe
Second: Muller
Ayes: Bledsoe, Morris, Muller, Schelling, Terrell, Wang, Zito
Approved: 7 -0
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. THIS ITEM INTENTIALLY LEFT BLANK
9B. CONSIDER SV13 -008, VARIANCE TO SIGN ORDINANCE NO. 704-F
REGULATIONS FOR MATTRESS FIRM LOCATED AT 2645 EAST
SOUTHLAKE BOULEVARD.
APPROVED
Senior Director of Planning and Development Services Ken Baker presented item and
was available to answer questions from Council.
Applicant representative Kirk Stateson responded to questions from Council.
A motion was made to approve SV13 -008, variance to Sign Ordinance No. 704 -F, for
the Mattress Firm located at 2645 East Southlake Boulevard noting the following:
approving maximum letter height of 26 inches on the north elevation and the maximum
area as a result of the variance for maximum letter height; allow a 14 -inch double
stacked copy for maximum letter height on south elevation as a result of maximum area
variance; and subject to applicant installing 8 -inch address numerals just above the
main entry doorway (below the main Mattress Firm sign) on the north elevation.
REGULAR CITY COUNCIL MEETING MINUTES, May 7, 2013
Page 5 of 7
Motion: Bledsoe
Second: Zito
Ayes: Bledsoe, Morris, Muller, Schelling, Terrell, Wang, Zito
Approved: 7 -0
9C. CONSIDER MSP13 -005, MASTER SIGN PLAN FOR WINDING CREEK
SUBDIVISION GENERALLY LOCATED SOUTH OF EAST SOUTHLAKE
BOULEVARD AND WEST OF SOUTH CARROLL AVENUE AT 400, 480, 500
AND 540, SOUTH CARROLL AVENUE.
APPROVED
Senior Director of Planning and Development Services Ken Baker presented item and
was available to answer questions from Council.
Applicant representatives Paul Spain and Dave Baldwin were available to answer
questions from Council.
A motion was made to approve MSP13 -005, master sign plan for Winding Creek
subdivision pursuant to staffs and applicant's presentation this evening and staff report
dated May 1, 2013.
Motion: Bledsoe
Second: Zito
Ayes: Bledsoe, Morris, Muller, Schelling, Terrell, Wang, Zito
Approved: 7 -0
10. OTHER ITEMS FOR DISCUSSION:
10A. DISCUSS BAN ON TEXT1NG WHILE DRIVING
Police Chief Steve Mylett presented Council with the results of staff's recent survey of
Texas cities. A typical ordinance bans viewing or sending text messages while driving.
Some municipalities also ban the use of cell phone applications while operating a motor
vehicle. The survey showed that all ordinances allowed use of cell phone for texting or
use of applications while vehicle is stopped or not in motion. Chief Mylett advised
Council the ordinances provided for the use of cell phones if a GPS device is affixed to
the vehicle.
Council discussed the survey information provided by staff. The consensus of Council
was to continue the discussion at a future meeting to allow input from the two newly
elected officials.
11. MEETING ADJOURNED.
REGULAR CITY COUNCIL MEETING MINUTES, May 7, 2013
Page 6 of 7
Mayor Terrell adjourned the meeting at 9:03 p.m.
*An audio recording of this meeting will be permanently retained in the City Secretary's
Office. 0
1 John
errell
Mayor
ATTEST: ,,,,,,,,,,,,,,,,
Cr . 1 iN 1b
4 •••
•?
• � s
�a
City Secretary Cbe,
REGULAR CITY COUNCIL MEETING MINUTES, May 7, 2013
Page 7 of 7