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2012-03-20 CITY OF TEXAS SOU LAKE REGULAR CITY COUNCIL MEETING MINUTES: March 20, 2012 LOCATION: 1400 Main Street, Southlake, Texas 76092 City Council Chambers CITY COUNCIL PRESENT: 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: Mayor John Terrell. STAFF PRESENT: City Manager Shana Yelverton, Assistant City Manager /Director of Public Safety Jim Blagg, Assistant City Manager Ben Thatcher, Communication and Websites Manager Pilar Schank, Director of Community Services Chris Tribble, Deputy Director of Community Services /City Librarian Kerry McGeath, Director of Economic Development Greg Last, Director of Finance Sharen Jackson, Assistant Fire Chief Wade Carroll, Director of Human Resources Stacey Black, Director of Planning and Development Services Ken Baker, Chief Building Official Paul Ward, Planner I Daniel Cortez, Police Chief Steve Mylett, Director of Public Works Bob Price, Deputy City Engineer Cheryl Taylor, City Engineer Alex Ayala, City Attorney Tim Sralla, and City Secretary Alicia Richardson. WORK SESSION: 1. CALL TO ORDER The Work Session was called to order by Mayor Pro Tem Bledsoe at 5:30 p.m. 2. INVOCATION Mr. Eric Hulet with Grace Community Church gave the invocation. Mayor Pro Tem Bledsoe led the pledge of allegiance. 3. LOCAL BUSINESS REPORT Director of Economic Development Director Greg Last introduced Butterfly Restaurant owners Brandee and TJ Sharp. Mrs. Sharp provided Council with hours of operation, location and details of the Butterfly Restaurant. REGULAR CITY COUNCIL MEETING MINUTES, March 20, 2012 Page 1 of 9 4. REVIEW PROPOSED CHANGES TO THE CITY'S LIGHTING ORDINANCE NO. 693 -B Director of Planning and Development Services Ken Baker presented item to Council and was available to answer questions. Mr. Baker's presentation included: background information, light emitting diode (LED) basics, benefits of LED lighting and proposed ordinance changes. Mr. Baker informed Council the discussion and recommendation of LED lighting began at the 2030 committee meetings. Staff is seeking direction from Council to amend the City's lighting ordinance to incorporate requirements for outdoor lighting, which allows LED technology. Deputy Mayor Pro Tem Muller commented that she would prefer additional research before staff took the proposed changes to SPIN. Deputy Mayor Pro Tem Muller suggested that she and Council member Zito work with Mr. Baker to review the ordinance. There was no objection from Council for Deputy Mayor Pro Tem Muller and Council member Zito to work with Mr. Baker on the proposed changes to the lighting ordinance. 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 Pro Tem Bledsoe read the consent agenda items. Mayor Pro Tem Bledsoe recommended Item 9A be moved to the consent agenda. There was no objection from Council. REGULAR SESSION: 1. CALL TO ORDER The Regular Session of the City Council was called to order by Mayor Pro Tem Bledsoe at 6:00 p.m. 2A. EXECUTIVE SESSION Mayor Pro Tem Bledsoe 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; and Section 551.087, deliberation regarding economic development negotiations. City Council adjourned for Executive Session at 6:01 p.m. Executive Session began at 6:18 p.m. and concluded at 7:00 p.m. REGULAR CITY COUNCIL MEETING MINUTES, March 20, 2012 Page 2 of 9 2B. RECONVENE Mayor Pro Tem Bledsoe reconvened the regular meeting at 7:08 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 Pro Tem Bledsoe announced the upcoming meetings and events. B. City Manager's Report — None. Council member Wang announced that the Tome delegation would be in Southlake March 23 through March 26. 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 MARCH 3, 2012 CITY COUNCIL MEETING. 4B. APPROVE AN ANNUAL RENEWAL OF TOWN SQUARE STREET SWEEPING CONTRACT WITH MID - CITIES SWEEPERS PLUS, INC. 4C. APPROVE REVISIONS TO THE SOUTHLAKE PARKS DEVELOPMENT CORPORATION MATCHING FUNDS POLICY. 4D. APPROVE AN ENCROACHMENT AND JOINT USE AGREEMENT FOR A STONE COLUMN IN THE RIGHT OF WAY AT 308 ST. TROPEZ DRIVE. 4E. APPROVE THE 2012 INTERLOCAL AGREEMENT WITH THE CITIES OF COLLEYVILLE, GRAPEVINE AND KELLER FOR THE METROPORT TEEN COURT PROGRAM. 4F. ORDINANCE NO. 1029, 1 READING, ESTABLISHING A JOINT UTILIZATION COMMITTEE, PROVIDING FOR THE COMMITTEE'S PURPOSE, AND REAFFIRMING A SUPPORT FOR A JOINT UTILIZATION PARTNERSHIP WITH CARROLL INDEPENDENT SCHOOL DISTRICT. (IF APPROVED AT FIRST READING, THE PUBLIC HEARING WILL BE HELD ON APRIL 3, 2012.) REGULAR CITY COUNCIL MEETING MINUTES, March 20, 2012 Page 3 of 9 4G. ORDINANCE NO. 480 -617 (ZAl2 -009), ZONING CHANGE AND SITE PLAN FOR MOAYYAD MEDICAL OFFICE BUILDING ON PROPERTY DESCRIBED AS LOT 4, H. GRANBERRY NO. 581 ADDITION AN ADDITION TO THE CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS; AND LOCATED AT 190 SOUTH WHITE CHAPEL BOULEVARD, SOUTHLAKE, TEXAS. CURRENT ZONING: CS — COMMUNITY SERVICE ZONING DISTRICT. REQUESTED ZONING: S -P -1 — DETAILED SITE PLAN ZONING DISTRICT. SPIN NEIGHBORHOOD #10. THE PLANNING AND ZONING COMMISSION TABLED THIS ITEM AT THEIR MARCH 8, 2012 MEETING. COUNCIL WILL CONSIDER THIS ITEM AT THE APRIL 3, 2012 CITY COUNCIL MEETING. A motion was made to approve the consent agenda as presented, to include Item 9A. Motion: Morris Second: Muller Ayes: Bledsoe, Morris, Muller, Schelling, Wang, Zito Nays: None Approved: 6 -0 Absent: Terrell REGULAR AGENDA: 5. PUBLIC FORUM Mayor Pro Tem Bledsoe opened the public forum and asked for anyone wishing to speak to come forward. Ms. Audra Lewandowski, 405 Indian Paint Brush, provided Council an update on the upcoming GreenFest event being held in Southlake. There being no one else wishing to speak, Mayor Pro Tem Bledsoe closed the public forum. 6. ORDINANCES, SECOND READINGS, PUBLIC HEARINGS, AND RELATED ITEMS: 6A. ORDINANCE NO. 1027, 2 ND READING, ADOPT AN ORDINANCE TO ABANDON A DRAINAGE EASEMENT LOCATED IN THE LARKIN M. CHIVERS SURVEY, ABSTRACT NO. 300. PUBLIC HEARING APPROVED Director of Public Works Bob Price presented item and was available to answer questions. REGULAR CITY COUNCIL MEETING MINUTES, March 20, 2012 Page 4 of 9 Mayor Pro Tem Bledsoe opened the public hearing and asked for anyone wishing to speak, to come forward. There being no one wishing to speak, Mayor Pro Tem Bledsoe closed the public hearing. A motion was made to approve Ordinance No. 1027, second reading, to abandon a drainage easement located in the Larkin M. Chivers Survey, Abstract No. 300. Motion: Morris Second: Zito Ayes: Bledsoe, Morris, Muller, Schelling, Wang, Zito Nays: None Approved: 6 -0 Absent: Terrell In accordance with Section 4.21 of the City Charter, the caption for this item is listed as follows: AN ORDINANCE VACATING AND ABANDONING A 0.1836 ACRE PERMANENT DRAINAGE EASEMENT AND RIGHT OF WAY ON THE LARKIN M. CHIVERS SURVEY ABSTRACT NO. 300 AND RECORDED IN INSTRUMENT NO. D205144257 IN THE CITY OF SOUTHLAKE; DECLARING THAT SUCH EASEMENT IS UNNECESSARY FOR USE BY THE PUBLIC; AUTHORIZING THE MAYOR TO EXECUTE QUITCLAIM DEEDS RELEASING PUBLIC INTEREST OF THESE EASEMENTS; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. 6B. ORDINANCE NO. 1023, 2 READING, AN ORDINANCE OF THE CITY OF SOUTHLAKE AMENDING CHAPTER 10 "HEALTH AND SANITATION ", OF THE CITY OF SOUTHLAKE CODE OF ORDINANCES, AS AMENDED, BY ADDING ARTICLE VI, "PUBLIC SWIMMING POOLS AND SPAS" TO CHAPTER 10 AND PROVIDING REGULATIONS. PUBLIC HEARING APPROVED Director of Planning and Development Services Ken Baker presented Items 6B and 6C and was available to answer questions. Mr. Ferguson with Tarrant County was also present to answer questions. Council, staff and Mr. Ferguson discussed the process of rating restaurants and making the results available for the public. Mr. Ferguson informed Council that Tarrant County can work with staff to create a rating system to present to Council at a later date. The consensus of Council was to move forward with approval of the item, with the intent of staff working with Tarrant County to create a rating system. Mayor Pro Tem Bledsoe opened the public hearing and asked for anyone wishing to speak, to come forward. There being no one wishing to speak, Mayor Pro Tem Bledsoe closed the public hearing. REGULAR CITY COUNCIL MEETING MINUTES, March 20, 2012 Page 5 of 9 A motion was made to approve Ordinance No. 1023, second reading, an ordinance of the City of Southlake, amending Chapter 10 "Health and Sanitation ", of the City of Southlake Code of Ordinances, as amended, by adding article VI, "Public Swimming Pools and Spas" to Chapter 10 and providing regulations. Motion: Morris Second: Zito Ayes: Bledsoe, Morris, Muller, Schelling, Wang, Zito Nays: None Approved: 6 -0 Absent: Terrell 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, TEXAS, AMENDING CHAPTER 10 "HEALTH AND SANITATION ", OF THE CITY OF SOUTHLAKE CODE OF ORDINANCES, AS AMENDED, BY ADDING ARTICLE VI, "PUBLIC SWIMMING POOLS AND SPAS" TO CHAPTER 10; PROVIDING REGULATIONS THEREFOR; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING A PENALTY CLAUSE; PROVIDING FOR PUBLICATION; AND PROVIDING AN EFFECTIVE DATE. 6C. ORDINANCE NO. 1028, 2 READING, AN ORDINANCE OF THE CITY OF SOUTHLAKE AMENDING CHAPTER 10 "HEALTH AND SANITATION ", ARTICLE III "FOOD ESTABLISHMENTS" OF THE CITY OF SOUTHLAKE CODE OF ORDINANCES, AS AMENDED, BY AMENDING THE REGULATIONS FOR FOOD ESTABLISHMENTS. PUBLIC HEARING APPROVED Director of Planning and Development Services Ken Baker presented this item in conjunction with 6B. Mayor Pro Tem Bledsoe opened the public hearing and asked for anyone wishing to speak, to come forward. There being no one wishing to speak, Mayor Pro Tem Bledsoe closed the public hearing. A motion was made to approve Ordinance No. 1028, second reading, an ordinance of the City of Southlake amending Chapter 10 "Health and Sanitation ", Article III "Food Establishments" of the City of Southlake Code of Ordinances, as amended. Motion: Zito Second: Morris Ayes: Bledsoe, Morris, Muller, Schelling, Wang, Zito REGULAR CITY COUNCIL MEETING MINUTES, March 20, 2012 Page 6 of 9 Nays: None Approved: 6 -0 Absent: Terrell 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, TEXAS, AMENDING CHAPTER 10 "HEALTH AND SANITATION ", ARTICLE III "FOOD ESTABLISHMENTS ", OF THE CITY OF SOUTHLAKE CODE OF ORDINANCES, AS AMENDED, BY AMENDING THE REGULATIONS FOR FOOD ESTABLISHMENTS; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING A PENALTY CLAUSE; PROVIDING FOR PUBLICATION; AND PROVIDING AN EFFECTIVE DATE. 6D. ORDINANCE NO. 1022, 2 READING, APPROVE AN ORDINANCE TO AMEND THE CITY OF SOUTHLAKE LAND USE PLAN. PUBLIC HEARING APPROVED Director of Planning and Development Services Ken Baker summarized item and answered questions from Council. Mayor Pro Tem Bledsoe opened the public hearing and asked for anyone wishing to speak, to come forward. There being no one wishing to speak, Mayor Pro Tem Bledsoe closed the public hearing. A motion was made to approve Ordinance No. 1022, second reading, to amend the City of Southlake Land Use Plan, as presented. Motion: Zito Second: Morris Ayes: Bledsoe, Morris, Muller, Schelling, Wang, Zito Nays: None Approved: 6 -0 Absent: Terrell In accordance with Section 4.21 of the City Charter, the caption for this item is listed as follows: AN ORDINANCE ADOPTING THE CONSOLIDATED FUTURE LAND USE PLAN AS AN ELEMENT OF THE SOUTHLAKE 2030 PLAN, THE CITY'S COMPREHENSIVE PLAN UPDATE. REGULAR CITY COUNCIL MEETING MINUTES, March 20, 2012 Page 7 of 9 7. ORDINANCES, FIRST READINGS, AND RELATED ITEMS: 7A. ORDINANCE NO 480 -616 (ZAl2 -004), 1 READING, ZONING CHANGE AND DEVELOPMENT PLAN FOR WESTWYCK COURT, ON PROPERTY DESCRIBED AS TRACT 1A2, BEN J. FOSTER SURVEY, ABSTRACT NO. 519 AND TRACT 2A1, JOHN CHILDRESS HEIRS SURVEY, ABSTRACT NO. 253, CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS AND BEING CURRENTLY ADDRESSED AS 1205 AND 1255 RANDOL MILL AVENUE, SOUTHLAKE, TEXAS. CURRENT ZONING: AG — AGRICULTURAL DISTRICT AND SF -1A — SINGLE FAMILY RESIDENTIAL DISTRICT. REQUESTED ZONING: R -PUD — RESIDENTIAL PLANNED UNIT DEVELOPMENT DISTRICT. SPIN NEIGHBORHOOD #5. CITY COUNCIL TABLED THIS ITEM AT THEIR MARCH 6, 2012 CITY COUNCIL MEETING. (IF APPROVED AT FIRST READING, THE PUBLIC HEARING WILL BE HELD ON APRIL 3, 2012.) APPROVED Director of Planning and Development Director Ken Baker presented item and was available to answer questions. Mr. Baker's presentation included: Tom Matthews, 2600 East Southlake Boulevard, applicant representative was present to answer questions from Council. A motion was made to approve Ordinance No. 480 -616, first reading, zoning change and development plan for Westwyck Court, on property described as Tract 1A2, Ben J. Foster Survey, Abstract No. 519 and Tract 2A1, John Childress Heirs Survey, Abstract No. 253, City of Southlake, Tarrant County, Texas and being currently addressed as 1205 and 1255 Randol Mill Avenue, Southlake, Texas; change current zoning: AG — Agricultural District and SF -1A — Single Family Residential District to the requested zoning: R -PUD — Residential Planned Unit Development District; and subject to the revised development plan review summary No. 3, dated March 8, 2012, recommending a 28' driveway option. Motion: Morris Second: Schelling Ayes: Bledsoe, Morris, Muller, Schelling, Wang, Zito Nays: None Approved: 6 -0 Absent: Terrell 8. RESOLUTIONS: (THERE ARE NO ITEMS ON THIS AGENDA.) 9. OTHER ITEMS FOR CONSIDERATION: REGULAR CITY COUNCIL MEETING MINUTES, March 20, 2012 Page 8 of 9 9A. CONSIDER SV12 -004, VARIANCE TO THE MASTER SIGN PLAN FOR SOUTHLAKE TOWN SQUARE PHASE I AND SIGN ORDINANCE NO. 704, AS AMENDED, FOR ALL AMERICAN FAMILY FITNESS LOCATED AT 1430 EAST SOUTHLAKE BOULEVARD. APPROVED Council considered this item with the consent agenda. 10. OTHER ITEMS FOR DISCUSSION: (THERE ARE NO ITEMS ON THIS AGENDA) 11. MEETING ADJOURNED. Mayor Terrell adjourned the meeting at 8:34 p.m. *An audio recording of this meeting will be permanently retained in the City Secretary's Office. C1444 gde/ Brandon Bledsoe Mayor Pro Tem ATTEST: ?k • ; >� cn Alicia Richardson s �. = . c City Secretary REGULAR CITY COUNCIL MEETING MINUTES, March 20, 2012 Page 9 of 9