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Item 4A - May 17 CC Mtg.lug CITY OF SOUTHLAK.E TEXAS REGULAR CITY COUNCIL MEETING MINUTES: MAY 17, 2011 LOCATION 1400 Main Street, Southlake, Texas 76092 City Council Chambers CITY COUNCIL PRESENT Mayor John Terrell, Mayor Pro Tem Laura K. Hill, and Councilmembers Carolyn Morris, Pamela A. Muller, Jeff Wang and Al Zito. CITY COUNCIL ABSENT Deputy Mayor Pro Tem Brandon Bledsoe STAFF PRESENT City Manager Shana Yelverton, Assistant City Manager Ben Thatcher, Assistant City Manager /Director of Public Safety Jim Blagg, Assistant to the City Manager Alison Ortowski, Communication and Websites Manager Pilar Schank, Director of Finance Sharen Jackson, Director of Human Resources Stacey Black, Director of Planning and Development Services Ken Baker, Building Official Paul Ward, Planner II Clayton Comstock, Planner II Jennifer Crosby, Chief of Fire Services Mike Starr, Fire Marshal David Barnes, Emergency Management Coordinator Colleen Crocker, Chief of Police Services Robert Finn, Deputy of Police Services Rusty Daniels, Director of Community Services Chris Tribble, Deputy Director of Community Services Kari Happold, Marketing and Tourism Coordinator Jill Land, Director of Public Works Robert 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 5:32 p.m. 2. INVOCATION Mr. David Whitington with Christ Our King Church gave the invocation. Mayor Terrell led the pledge of allegiance. 3. PROCLAMATION RECOGNIZING NATIONAL POLICE WEEK ON MAY 15 -21, 2011 Mayor Terrell recognized and presented a proclamation to the Police Department for National Police week. Chief of Police Services Robert Finn and members of the Police Department were present to receive the proclamation. REGULAR CITY COUNCIL MEETING MINUTES, May 17, 2011 Page 1 of 10 Mayor Terrell announced the retirement of Police Chief Robert Finn. The City Council individually expressed their gratitude to Police Chief Robert Finn for his service and dedication to the City of Southlake. 4. DISCUSS SUMMER FUN IN SOUTHLAKE Deputy Director of Community Services Kari Happold provided Council with an overview of events planned for the summer season. 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. REGULAR SESSION 1. CALL TO ORDER The Regular Session of the City Council was called to order by Mayor Terrell at 6:00 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 6:00 p.m. Executive Session began at 6:10 p.m. and concluded at 7:20 p.m. 2B. RECONVENE Mayor Terrell reconvened the regular meeting at 7:26 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. Mayor Pro Tem Laura K. Hill advised there is a new 501C3 organization in Southlake called SASO — Scholars and Athletes Serving Others. A community service REGULAR CITY COUNCIL MEETING MINUTES, May 17, 2011 Page 2 of 10 organization for young men and their mothers. SASO will partner with major charitable organizations to provide opportunities in Southlake and throughout the state of Texas. Councilmember Zito announced that Carroll Independent School District (CISD) is holding their Relay for Life event on Friday. Additional information can be located on CISD's website. B. City Manager's Report — Retirement of Police Chief Robert Finn City Manager Shana Yelverton announced the Police Department was recognized with a proclamation during early work session. During early work session, the Mayor and Council announced the upcoming retirement of Chief of Police Services Robert Finn. 4. CONSENT AGENDA (Items 4A -E) 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 APRIL 29, 2011 JOINT MEETING OF THE CITY COUNCIL AND THE BOARD OF TRUSTEES CARROLL ISD; THE APRIL 29, 2011 CITY COUNCIL MEETING; AND THE MAY 3, 2011 CITY COUNCIL MEETING. 4B. APPROVE CHANGE ORDER NO. 1 FOR THE KIRKWOOD EXTENSIONCONTRACT WITH CONASTER IN THE AMOUNT OF $134,668.50. 4C. VARIANCE TO SUBDIVISION ORDINANCE NO. 483, AS AMENDED, SECTION 4.01 I, EXPIRATION OF PLATS, REQUESTING TO EXTEND THE VALIDITY OF THE PLATS FOR CASE ZA08 -003 PRELIMINARY PLAT FOR NOLEN CENTER AND CASE ZA08 -028 FINAL PLAT FOR NOLEN CENTER LOCATED AT THE SOUTHWEST CORNER OF SOUTH NOLEN DRIVE AND EAST SOUTHLAKE BOULEVARD. 4D. ORDINANCE NO. 480 -604 (ZA11 -014), 1 ST READING, ZONING CHANGE AND CONCEPT PLAN FOR THE AHMED RESIDENCE ON PROPERTY BEING DESCRIBED AS LOT 4 -B, BLOCK A, WHITE CHAPEL PLACE ADDITION AND BEING LOCATED AT 841 SOUTH WHITE CHAPEL BOULEVARD. CURRENT ZONING: "RE" SINGLE FAMILY RESIDENTIAL ZONING DISTRICT. REQUESTED ZONING: "SF -2" SINGLE FAMILY RESIDENTIAL ZONING DISTRICT. SPIN NEIGHBORHOOD #9. (IF APPROVED AT FIRST READING, THE PUBLIC HEARING FOR THIS ITEM WILL BE ON JUNE 7, 2011.) REGULAR CITY COUNCIL MEETING MINUTES, May 17, 2011 Page 3of10 4E. ORDINANCE NO. 480 -338C (ZA11 -007), 2 ND READING, ZONING CHANGE AND SITE PLAN FOR IMPROVEMENTS TO CARROLL INDEPENDENT SCHOOL DISTRICT SENIOR HIGH SCHOOL ON PROPERTY LOCATED AT 1501 WEST SOUTHLAKE BOULEVARD, BEING DESCRIBED AS LOT 1, BLOCK 1, CARROLL SENIOR HIGH SCHOOL ADDITION, AND BEING APPROXIMATELY 55.033 ACRES. CURRENT ZONING: "S -P -1" DETAILED SITE PLAN DISTRICT. REQUESTED ZONING: "S -P -1" DETAILED SITE PLAN DISTRICT. SPIN NEIGHBORHOOD #10. THE APPLICANT HAS REQUESTED TO TABLE THIS ITEM AND TO CONTINUE THE PUBLIC HEARING TO THE JUNE 7, 2011 CITY COUNCIL MEETING. (THE APPLICANT TABLED THIS ITEM FROM THE MAY 3, 2011 MEETING.) A motion was made to approve the consent agenda. Motion: Hill Second: Zito Ayes: Hill, Morris, Muller, Nays: None Absent: Bledsoe Approved: 6 -0 REGULAR AGENDA: 5. PUBLIC FORUM Terrell, Wang, Zito Mayor Terrell opened the public forum. Mr. Bill Spivey, 1520 Randol Mill Avenue, commented that he was thankful for the response he received from the City and Texas Department of Transportation to address the removal of trees on and adjacent to his property. Mr. Steve Oren, 2050 Shady Oaks Drive, commented on the gas drilling application. He recommended that Council withdraw the moratorium on gas drilling. Mr. Robert Gray, 1275 Shady Oaks Drive, commented on natural gas drilling. He informed Council that a lot of citizens in the community feel that their rights have been taken away by the vote of council. Mr. Matt Cleaves, 909 Park View Lane, spoke to Council regarding gas drilling. He suggested Council start a dialogue to allow both viewpoints to have an honest discussion regarding gas drilling. He believes the dialogue would change the divisiveness of the City. Ms. Sandy Davidson, 1013 South Holland Drive, commented on the vote against gas drilling. She does not believe it was in the best interest of the City. REGULAR CITY COUNCIL MEETING MINUTES, May 17, 2011 Page 4of10 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. 1003, AUTHORIZING THE ISSUANCE OF CERTIFICATES OF OBLIGATION, SERIES 2011A. PUBLIC HEARING APPROVED First Southwest representative Jim Sabonis presented this item and was available to answer questions from Council. Mr. Sabonis presented the item in conjunction with Items 6B and 6C. Mayor Terrell announced the public hearing for Items 6A, 6B and 6C would be held together. Mayor Terrell opened the public hearing and asked anyone wishing to speak to come forward. There being no one wishing to speak, Mayor Terrell closed the public hearing. A motion was made to approve Ordinance No. 1003, authorizing the issuance of Certificates of Obligation, Series 2011A. Motion: Hill Second: Morris Ayes: Hill, Morris, Muller, Nays: None Absent: Bledsoe Approved: 6 -0 Terrell, Wang, Zito In accordance with Section 4.21 of the City Charter, the caption for this item is listed as follows: AN ORDINANCE AUTHORIZING THE ISSUANCE OF "CITY OF SOUTHLAKE, TEXAS, TAX AND WATERWORKS AND SEWER SYSTEM (LIMITED PLEDGE) REVENUE CERTIFICATES OF OBLIGATION, SERIES 2011A "; SPECIFYING THE TERMS AND FEATURES OF SAID CERTIFICATES; PROVIDING FOR THE PAYMENT OF SAID CERTIFICATES OF OBLIGATION BY THE LEVY OF AN AD VALOREM TAX UPON ALL TAXABLE PROPERTY WITHIN THE CITY AND A LIMITED PLEDGE OF THE NET REVENUES FROM THE OPERATION OF THE CITY'S WATERWORKS AND SEWER SYSTEM; AND RESOLVING OTHER MATTERS INCIDENT AND RELATING TO THE ISSUANCE, PAYMENT, SECURITY, SALE AND DELIVERY OF SAID CERTIFICATES, INCLUDING THE APPROVAL AND EXECUTION OF A PAYING AGENT /REGISTRAR AGREEMENT AND A PURCHASE AGREEMENT AND THE APPROVAL AND DISTRIBUTION OF AN OFFICIAL STATEMENT; AND PROVIDING AN EFFECTIVE DATE. REGULAR CITY COUNCIL MEETING MINUTES, May 17, 2011 Page 5 of 10 6B. ORDINANCE NO. 1004, AUTHORIZING THE ISSUANCE OF CERTIFICATES OF OBLIGATION, SERIES 2011 B. PUBLIC HEARING OPPPDX /Fn The discussion and public hearing was held in conjunction with Items 6A and 6C. A motion was made to approve Ordinance No. 1004, authorizing the issuance of Certificates of Obligation, Series 2011 B. Motion: Hill Second: Zito Ayes: Hill, Morris, Muller, Nays: None Absent: Bledsoe Approved: 6 -0 Terrell, Wang, Zito In accordance with Section 4.21 of the City Charter, the caption for this item is listed as follows: AN ORDINANCE AUTHORIZING THE ISSUANCE OF "CITY OF SOUTHLAKE, TEXAS, TAX AND WATERWORKS AND SEWER SYSTEM (LIMITED PLEDGE) REVENUE CERTIFICATES OF OBLIGATION, SERIES 2011 B "; SPECIFYING THE TERMS AND FEATURES OF SAID CERTIFICATES; PROVIDING FOR THE PAYMENT OF SAID CERTIFICATES OF OBLIGATION BY THE LEVY OF AN AD VALOREM TAX UPON ALL TAXABLE PROPERTY WITHIN THE CITY AND A LIMITED PLEDGE OF THE NET REVENUES FROM THE OPERATION OF THE CITY'S WATERWORKS AND SEWER SYSTEM; AND RESOLVING OTHER MATTERS INCIDENT AND RELATING TO THE ISSUANCE, PAYMENT, SECURITY, SALE AND DELIVERY OF SAID CERTIFICATES, INCLUDING THE APPROVAL AND EXECUTION OF A PAYING AGENT /REGISTRAR AGREEMENT AND A PURCHASE AGREEMENT AND THE APPROVAL AND DISTRIBUTION OF AN OFFICIAL STATEMENT; AND PROVIDING AN EFFECTIVE DATE. 6C. ORDINANCE NO. 1005, AUTHORIZING THE ISSUANCE OF CERTIFICATES OF OBLIGATION, SERIES 2011C. PUBLIC HEARING APPROVED The discussion and public hearing was held in conjunction with Items 6A and 6C. A motion was made to approve Ordinance No. 1005, authorizing the issuance of certificates of obligation, series 2011 C. Motion: Hill Second: Zito REGULAR CITY COUNCIL MEETING MINUTES, May 17, 2011 Page 6 of 10 Ayes: Hill, Morris, Muller, Terrell, Wang, Zito Nays: None Absent: Bledsoe Approved: 6 -0 In accordance with Section 4.21 of the City Charter, the caption for this item is listed as follows: AN ORDINANCE AUTHORIZING THE ISSUANCE OF "CITY OF SOUTHLAKE, TEXAS, TAX AND WATERWORKS AND SEWER SYSTEM (LIMITED PLEDGE) REVENUE CERTIFICATES OF OBLIGATION, SERIES 2011C" SPECIFYING THE TERMS AND FEATURES OF SAID CERTIFICATES; PROVIDING FOR THE PAYMENT OF SAID CERTIFICATES OF OBLIGATION BY THE LEVY OF AN AD VALOREM TAX UPON ALL TAXABLE PROPERTY WITHIN THE CITY AND A LIMITED PLEDGE OF THE NET REVENUES FROM THE OPERATION OF THE CITY'S WATERWORKS AND SEWER SYSTEM ; AND RESOLVING OTHER MATTERS INCIDENT AND RELATING TO THE ISSUANCE, PAYMENT, SECURITY, SALE AND DELIVERY OF SAID CERTIFICATES, INCLUDING THE APPROVAL AND EXECUTION OF A PAYING AGENT /REGISTRAR AGREEMENT AND A PURCHASE AGREEMENT AND THE APPROVAL AND DISTRIBUTION OF AN OFFICIAL STATEMENT; AND PROVIDING AN EFFECTIVE DATE. 6D. RESOLUTION NO. 11 -024, APPROVING THE ISSUANCE OF AN ISSUER NOTE BY THE ITALY HIGHER EDUCATION FACILITIES CORPORATION FOR THE CLARIDEN SCHOOL. PUBLIC HEARING APPROVED Director of Finance Sharen Jackson presented this item to Council and was available to answer questions. Mayor Terrell opened the public hearing and asked for anyone wishing to speak to come forward. There being no one wishing to speak, Mayor Terrell closed the public hearing. A motion was made to approve Resolution No. 11 -024, approving the issuance of an issuer note by the Italy Higher Education Facilities Corporation for the Clariden School. Motion: Hill Second: Muller Ayes: Hill, Morris, Muller, Nays: None Absent: Bledsoe Approved: 6 -0 Terrell, Wang, Zito In accordance with Section 4.21 of the City Charter, the caption for this item is listed as follows: REGULAR CITY COUNCIL MEETING MINUTES, May 17, 2011 Page 7 of 10 RESOLUTION APPROVING THE ISSUANCE OF AN ISSUER NOTE BY THE ITALY HIGHER EDUCATION FACILITIES CORPORATION FOR THE CLARIDEN SCHOOL. Mayor Terrell announced that Council would move to Item 9A. 9A. CONSIDER SV11 -008, VARIANCE TO SIGN ORDINANCE NO. 704, AS AMENDED, FOR DUNKIN DONUTS LOCATED AT 2255 WEST SOUTHLAKE BOULEVARD. APPROVED Planner II Jennifer Crosby presented this item and was available to answer questions from Council. Ms. Crosby reviewed the variances and elevations with council. Applicant Tom Loscheider, 1028 Cove Meadow Court, Cedar Hill, Texas, presented this item to Council. The Council and applicant discussed the requested variances, size of the letters, color of the logo, awnings and lighted signs. A motion was made to approve SV11 -008, variance to sign ordinance No. 704, as amended, for Dunkin Donuts, located at 2255 West Southlake Boulevard; noting the following: applicant's agreement to bring the monument sign into conformance with current city regulations; reduce the logo height to be in equal proportion to the Dunkin Donuts lettering on the front, east and west side of the building; the lettering to be two 15" stacked with about two inches, similar to what was shown in the application; the cup would be reduced to match the lettering; the individual letters would include backlit channel lighting and remove the wording "coffee and more "; two drive - through signs totaling 4.63 square feet each in the locations that have been identified on the plan; elimination of window signs and awing signs; and noting that sign variances are conditional upon the monument sign being brought up to standard. Motion: Zito Second: Morris Ayes: Morris, Terrell, Wang, Zito Nays: Hill, Muller Absent: Bledsoe Approved: 4 -2 Mayor Terrell announced that Council would move to item 10A. 10A. DISCUSS ADOPTION OF A RESOLUTION SUPPORTING THE "FAIR SHARE FOR CLEAN AIR CAMPAIGN" URGING THE TCEQ TO ADDRESS AIR POLLUTION ISSUES FROM THE GAS INDUSTRY. REGULAR CITY COUNCIL MEETING MINUTES, May 17, 2011 Page 8 of 10 Mayor Terrell announced that this item was placed on the agenda at the request of Councilmember Zito. Councilmember Zito advised the intent of the resolution is to protect air quality in reasonable and affordable manners for the region. He would like staff to research and establish a resolution for consideration by Council. Mr. Jim Schermbeck, P.O. Box 253, Slaton, Texas, spoke in favor of the item. Mayor Terrell advised that staff would make appropriate changes and place a resolution on the June 7, 2011 Council meeting agenda. 7. ORDINANCES, FIRST READINGS, AND RELATED ITEMS: (THERE ARE NO ITEMS ON THIS AGENDA.) 8. RESOLUTIONS: (THERE ARE NO ITEMS ON THIS AGENDA.) 8A. RESOLUTION NO. 11 -019, APPOINT MEMBERS TO THE VARIOUS SOUTHLAKE 2030 PLAN ELEMENT COMMITTEES. APPROVED A motion was made to approve Resolution 11 -019, appointing members to the following Southlake 2030 Plan Element Committees: • Councilmember Wang to the Mobility Plan • Councilmember Wang to the Community Plan • Councilmember Wang to the Sustainability Plan • Councilmembers Morris, Muller, Zito, Mayor Terrell (Ex- Officio), Ms. Leslie Bartlett, Ms. Terri Messing and Merlene Ingraham to the Arts Master Plan Motion: Hill Second: Wang Ayes: Hill, Morris, Muller, Nays: None Absent: Bledsoe Approved: 6 -0 Terrell, Wang, Zito 9. OTHER ITEMS FOR CONSIDERATION: 9A. CONSIDER SV11 -008, VARIANCE TO SIGN ORDINANCE NO. 704, AS AMENDED, FOR DUNKIN DONUTS LOCATED AT 2255 WEST SOUTHLAKE BOULEVARD. APPROVED Council discussed and took action on this item earlier in the meeting. 10. OTHER ITEMS FOR DISCUSSION: (THERE ARE NO ITEMS ON THIS AGENDA) REGULAR CITY COUNCIL MEETING MINUTES, May 17, 2011 Page 9 of 10 10A. DISCUSS ADOPTION OF A RESOLUTION SUPPORTING THE "FAIR SHARE FOR CLEAN AIR CAMPAIGN" URGING THE TCEQ TO ADDRESS AIR POLLUTION ISSUES FROM THE GAS INDUSTRY. Council discussed this item earlier in the meeting. 11. MEETING ADJOURNED. Mayor Terrell adjourned the meeting at 9:07 p.m. *An audio recording of this meeting will be permanently retained in the City Secretary's Office. John Terrell Mayor ATTEST: Alicia Richardson City Secretary REGULAR CITY COUNCIL MEETING MINUTES, May 17, 2011 Page 10 of 10