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Item 4Alug CITY OF SOUTHLAKE 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 3of13 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 ND 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 4of13 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 ND 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 ND 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 ND 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 ND 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.) OPPPDX /Fn 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 lots 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 ND 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 ST READING, ZONING CHANGE AND SITE /CONCEPT PLAN FOR CORNERSTONE BUSINESS PARK ON PROPERTY DESCRIBED AS LOTS 1R, 2R1R, 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.) OPPPDX /Fn 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 11GIRIFMRUTF1C 1� 17 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 Tammy Hashemian Place 5 May 2013 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 Terrell Mayor ATTEST: Alicia Richardson City Secretary REGULAR CITY COUNCIL MEETING MINUTES, September 20, 2011 Page 13 of 13