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Item 4Ato SOUTHLAKE CITY OF TEXAS REGULAR CITY COUNCIL MEETING MINUTES: June 5, 2012 LOCATION 1400 Main Street, Southlake, Texas 76092 City Council Chambers CITY COUNCIL PRESENT Mayor John Terrell, Mayor Pro Tern Brandon Bledsoe, Deputy Mayor Pro Tern Pamela Muller and Councilmembers Carolyn Morris, Jeff Wang, Al Zito, and Martin Schelling. CITY COUNCIL ABSENT None. 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, Deputy Director of Community Services /City Librarian Kerry McGeath, Deputy Director of Community Services Kari Happold, Director of Economic Development Greg Last, Director of Finance Sharen Jackson, Purchasing Manager Tim Slifka, Fire 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, Deputy Director of Public Works Gordon Mayer, Public Works Operations Manager Chuck Kendrick, Deputy City Engineer Cheryl Taylor, City Attorney Tim Sralla (present at 6:04 p.m.) and City Secretary Alicia Richardson. WORK SESSION 1. CALL TO ORDER The Work Session was called to order by Mayor Terrell at 5:34 p.m. 2. INVOCATION Mr. Clayton Reed with Southlake Baptist Church gave the invocation. Mayor Terrell led the pledge of allegiance. Mayor Terrell advised that Council would move to Item 4 —Local Business Report. 4. LOCAL BUSINESS REPORT Director of Economic Development Greg Last introduced Michael and Carolyn Darretta of Pure Health. They provided Council with the hours of operation, location and details of Pure Health. REGULAR CITY COUNCIL MEETING MINUTES, June 5, 2012 Page 1 of 12 3. PRESENT PROPOSED MEDIAN LANDSCAPE PLAN FOR KIRKWOOD BOULEVARD TREE PLANTING PLAN FOR BRUMLOW AVENUE; PEARSON WATER STORAGE /TANK BUFFERING AND SCREENING PLAN; AND MEDIANS /LANDSCAPING PLANS FOR SOUTH KIMBALL AND EAST CONTINENTAL BOULEVARD. Director of Planning and Development Services Ken Baker provided Council with an overview on the following concept landscape plans: Pearson water storage tanks; Kirkwood Boulevard between TW King and Dove; South Kimball Avenue; and East Continental Boulevards and Brumlow Avenue. Mr. Baker advised Council the concept plans are the result of recommendations in the various Southlake 2030 sector plans. He also commented that staff is seeking Council comments and that full plans would be developed and included as a future consideration in the Capital Improvements Program (CIP). Council discussed and provided comments on the proposed concept landscape plans. Council asked staff to research costs associated with the proposed plans. 4. LOCAL BUSINESS REPORT Council discussed this item earlier in the meeting. Mayor Terrell advised that Council would move to Item 9B —Bob Jones Nature Center and Preserve Management Agreement. 9B. CONSIDER APPROVAL OF BOB JONES NATURE CENTER & PRESERVE MANAGEMENT AGREEMENT WITH THE BOB JONES NATURE CENTER ORGANIZATION. Council member Al Zito recused himself from discussion and voting on the item. Council member Zito left the meeting at 6.10 p.m. Director of Community Services Chris Tribble presented item and was available to answer questions from Council. His presentation included an overview of the management agreement and agreement provisions. Staff is recommending the approval of a management agreement with the Bob Jones Nature Center Organization. Council discussed the following: consistency in terms for contracts; bid process; participation number and percentage of residents versus non - residents, annual status report (programs /services, etc.) provided at a Council meeting; financial impact of contract versus funding budgeted for the Bob Jones Nature Center; and review process of contract. Council directed staff to incorporate language in the agreement to address 85% performance expectation. Consensus of Council was to move Item 9B to the consent agenda. REGULAR CITY COUNCIL MEETING MINUTES, June 5, 2012 Page 2 of 12 Council member Al Zito returned to the meeting at 6:39 p.m. 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. Council member Carolyn Morris advised that she had a question regarding Item 4C— Board and Commission Manual. Mayor Terrell advised Council that Item 4C could be removed from the consent agenda and discussed after Executive Session. REGULAR SESSION: 1. CALL TO ORDER The Regular Session of the City Council was called to order by Mayor Terrell at 6:45 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; and Section 551.087, deliberation regarding economic development negotiations. City Council adjourned for Executive Session at 6:45 p.m. Executive Session began at 7:00 p.m. and concluded at 8:35 p.m. 2B. RECONVENE Mayor Terrell reconvened the regular meeting at 8:37 p.m. 3. REPORTS A. Mayor's Report — Mayor Terrell announced the upcoming meetings and events. 1. Showcase in the Square (Crossmen) Mr. John Schock presented item to Council. The event will take place on June 17, 2012 from 7:00 p.m. to 9:00 p.m. REGULAR CITY COUNCIL MEETING MINUTES, June 5, 2012 Page 3 of 12 B. City Manager's Report — 1. Government Finance Officers Association (GFOA) Distinguished Budget Presentation Award Assistant to City Manager Alison Ortowski presented item and was available to answer questions from Council. 4. CONSENT AGENDA (Items 4A -N) 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 15, 2012 CITY COUNCIL MEETING. Council member Zito recused himself from voting on this item. 4B. APPROVE RESIDENTIAL DEVELOPER AGREEMENT WITH HINES -GTIS CARILLON, LLC, FOR CARILLON PHASES 2A -1, 2A -2, AND 3A -1. 4C. CONSIDER APPROVAL OF BOARD AND COMMISSION MANUAL. 4D. APPROVE AN INTERLOCAL PURCHASING AGREEMENT WITH THE CITY OF LEWISVILLE. 4E. APPROVE AN INTERLOCAL PURCHASING AGREEMENT WITH THE CITIES OF KELLER, COLLEYVILLE AND GRAPEVINE. 4F. RESOLUTION NO. 12 -030, ALLOW THE CITY OF SOUTHLAKE TO ADOPT RULES TO ENSURE THE IDENTIFICATION, SECURITY AND CONFIDENTIALITY OF ELECTRONIC BIDS OR PROPOSALS AND PROVIDING AN EFFECTIVE DATE. 4G. APPROVE AN AGREEMENT WITH SECUREBID, LLC TO ALLOW ACCEPTANCE OF ELECTRONIC BIDS AND PROPOSALS. 4H. RESOLUTION NO. 12 -031, DENYING ATMOS ENERGY CORP., MID -TEX DIVISION'S ( "ATMOS MID - TEX ") REQUESTED RATE CHANGE. 41. RESOLUTION NO. 12 -032, APPOINTING A MAYOR PRO TEM AND DEPUTY MAYOR PRO TEM. This item was removed from the consent agenda and considered later in the meeting. 4J. ORDINANCE NO. 1036, 1ST READING, ABANDON AN UNUSED EASEMENT LOCATED ON LOTS 57 AND 58 IN THE DOVE ESTATES SUBDIVISION, REGULAR CITY COUNCIL MEETING MINUTES, June 5, 2012 Page 4 of 12 JOHN HEIRS CHILDRESS SURVEY. (IF APPROVED BY COUNCIL, THE PUBLIC HEARING WILL BE HELD ON JUNE 19, 2012.) 4K. ORDINANCE NO. 1035, 1ST READING, ADOPT AN ORDINANCE TO TRANSFER OWNERSHIP OF PROPERTY AND UTILITY EASEMENTS FOR THE TRINITY RIVER AUTHORITY KIRKWOOD LIFT STATION AND FORCE MAIN TO THE TRINITY RIVER AUTHORITY. (IF APPROVED AT FIRST READING, THE PUBLIC HEARING WILL BE HELD JUNE 19, 2012.) 4L. ORDINANCE NO. 480 -619 (ZAl2 -007), 1ST 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. SPIN NEIGHBORHOOD #8. AT THE REQUEST OF THE APPLICANT, THE PLANNING AND ZONING COMMISSION TABLED THIS ITEM AT THEIR MAY 3 AND MAY 17, 2012 MEETINGS. STAFF RECOMMENDS TABLING THIS ITEM TO THE JUNE 19, 2012 CITY COUNCIL MEETING. (THE PUBLIC HEARING WAS PUBLISHED FOR JUNE 5, 2012. IF APPROVED AT THE FIRST READING ON JUNE 19, 2012, THE PUBLIC HEARING WILL BE HELD ON AUGUST 7, 2012.) 4M. RESOLUTION NO. 11 -031 (ZA11 -016), SPECIFIC USE PERMIT FOR A TELECOMMUNICATIONS TOWER ON PROPERTY DESCRIBED AS TRACT 1G, H. GRANBERRY SURVEY, ABSTRACT 581, SOUTHLAKE, TARRANT COUNTY, TEXAS AND BEING LOCATED AT 620 SOUTH WHITE CHAPEL BOULEVARD, SOUTHLAKE, TEXAS. CURRENT ZONING: AG - AGRICULTURAL DISTRICT. SPIN NEIGHBORHOOD #10. THE APPLICANT PREVIOUSLY REQUESTED THAT THIS ITEM BE TABLED TO THE CITY COUNCIL MEETING DATED JUNE 5, 2012. THE APPLICANT IS REQUESTING TO TABLE THIS ITEM INDEFINITELY. 4N. ORDINANCE NO. 480 -532A (ZAl2 -038), 1ST READING, ZONING CHANGE AND DEVELOPMENT PLAN FOR SOUTH VILLAGE AT WATERMERE ON PROPERTY DESCRIBED AS TRACTS 4C AND 6A2, J.G. ALLEN SURVEY, ABSTRACT NO. 18 AND LOT 4R3, BLOCK 1, WATERMERE AT SOUTHLAKE, AN ADDITION TO THE CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS AND A PORTION OF TRACT 4D, J.G. ALLEN SURVEY, ABSTRACT NO. 18, AND LOCATED AT 2261, 2271 & 2451 UNION CHURCH ROAD AND 451 WATERMERE DRIVE, SOUTHLAKE, TEXAS. CURRENT ZONING: R -PUD RESIDENTIAL PLANNED UNIT DEVELOPMENT DISTRICT. REQUESTED ZONING: R -PUD RESIDENTIAL PLANNED UNIT DEVELOPMENT DISTRICT. SPIN NEIGHBORHOOD #11. THE PLANNING AND ZONING COMMISSION TABLED THIS ITEM AT THEIR MAY 17, 2012 MEETING. STAFF RECOMMENDS TABLING THIS ITEM TO THE JUNE 19, REGULAR CITY COUNCIL MEETING MINUTES, June 5, 2012 Page 5 of 12 2012 CITY COUNCIL MEETING. (THE PUBLIC HEARING WAS PUBLISHED FOR JUNE 19, 2012. IF APPROVED AT THE FIRST READING ON JUNE 19, 2012, THE PUBLIC HEARING WILL BE HELD ON AUGUST 7, 2012.) A motion was made to approve the consent agenda as presented, which included the removal of Item 41 and moving Item 9B to the consent agenda. Council member Zito recused himself from Items 4A and 9B. Council member Wang abstained from voting on Item 4A and voted against 9B. Motion: Bledsoe Second: Zito Approved: 7 -0, Items 4B, 4C, 4D, 4E, 4F, 4G, 4H and 4J, 4K, 4L, 4M and 4N. 5 -0 -2, Item 4A with Council members Wang and Zito abstaining /recusing. 6 -1 -1, Item 9B with Council member Wang voting against and Council member Zito recusing. 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. 1032, 2ND READING, MASTER WATER PLAN, A COMPONENT OF THE SOUTHLAKE 2030 COMPREHENSIVE PLAN. PUBLIC HEARING APPROVED Director of Public Works Bob Price 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 1032, Master Water Plan, a component of the Southlake 2030 Comprehensive Plan. REGULAR CITY COUNCIL MEETING MINUTES, June 5, 2012 Page 6 of 12 Motion: Bledsoe Second: Zito Ayes: Bledsoe, Morris, Muller, Schelling, Terrell, Wang, Zito Nays: None Approved: 7 -0 In accordance with Section 4.21 of the City Charter, the caption for this item is listed as follows: AN ORDINANCE ADOPTING THE WATER SYSTEM MASTER PLAN AS AN ELEMENT OF THE SOUTHLAKE 2030 PLAN, THE CITY'S COMPREHENSIVE PLAN UPDATE. 6B. ORDINANCE NO. 1033, 2ND READING, ADOPT AN ORDINANCE TO ESTABLISH PARKING RESTRICTIONS ON THE EAST SIDE OF BREEZEWAY AND UNION CHURCH BETWEEN THE 2200 AND 3100 BLOCKS OF UNION CHURCH. PUBLIC HEARING APPROVED Director of Public Works Bob Price 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 else wishing to speak, Mayor Terrell closed the public hearing. A motion was made to approve Ordinance No. 1033, adopting an ordinance to establish parking restrictions on the east side of Breezeway and Union Church between the 2200 and 3100 blocks of Union Church. Motion: Bledsoe Second: Morris Ayes: Bledsoe, Morris, Muller, Schelling, Terrell, Wang, Zito Nays: None Approved: 7 -0 In accordance with Section 4.21 of the City Charter, the caption for this item is listed as follows: AN ORDINANCE AMENDING SECTION 18 -184 "PARKING RESTRICTIONS ON CERTAIN STREETS" OF THE SOUTHLAKE CODE OF ORDINANCES; 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 REGULAR CITY COUNCIL MEETING MINUTES, June 5, 2012 Page 7 of 12 PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE. 7. ORDINANCES, FIRST READINGS, AND RELATED ITEMS: (THERE ARE NO ITEMS ON THIS AGENDA.) 8. RESOLUTIONS: 8A. RESOLUTION NO. 12 -033, APPOINTING MEMBERS TO SERVE ON THE BOARD OF DIRECTORS OF THE TAX INCREMENT REINVESTMENT ZONE NUMBER ONE, CITY OF SOUTHLAKE. APPROVED A motion was made to appoint Council members Martin Schelling, Carolyn Morris, Brandon Bledsoe and Pamela A. Muller to the Tax Increment Reinvestment Zone Number One, terms expiring May 2014. Motion: Bledsoe Second: Muller Ayes: Bledsoe, Morris, Muller, Schelling, Terrell, Wang, Zito Nays: None Approved: 7 -0 In accordance with Section 4.21 of the City Charter, the caption for this item is listed as follows: A RESOLUTION OF THE CITY OF SOUTHLAKE, TEXAS, APPOINTING MEMBERS TO THE BOARD OF DIRECTORS FOR THE TAX INCREMENT REINVESTMENT ZONE NUMBER ONE OF THE CITY OF SOUTHLAKE; PROVIDING AN EFFECTIVE DATE. Mayor Terrell advised that Council would move to Item 9A —SV12 -006. 9A. CONSIDER SV12 -006, VARIANCE TO THE MASTER SIGN PLAN FOR SOUTHLAKE TOWN SQUARE PHASE I AND SIGN ORDINANCE 704, AS AMENDED, FOR ALL AMERICAN FAMILY FITNESS LOCATED AT 1430 EAST SOUTHLAKE BLVD. APPROVED Director of Planning and Development Services Ken Baker summarized item and was available to answer questions from Council. Applicant representatives Kyle Heddinger and Ed Rogers were available to answer questions from Council. REGULAR CITY COUNCIL MEETING MINUTES, June 5, 2012 Page 8 of 12 A motion was made to approve SV12 -006, 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; noting the following variances: sign attached to awning cover at north elevation entrance, as noted in the staff report will have a white color font; south elevation will have 23 1 /2 inch letter height for "F ", 14 3 /4 inch letter height for "A ", and 5 inch letter for "All American "; north elevation will have 23 '/2 inch letter height for "F ", 14 3 /4 inch letter height for "A ", and 5 inch letter height for "All American "; and that the maximum number of signs be limited to what is approved by this variance and staff report. Motion: Bledsoe Second: Morris Ayes: Bledsoe, Morris, Muller, Schelling, Terrell, Wang, Zito Nays: None Approved: 7 -0 EXECUTIVE SESSION Mayor Terrell announced that City Council would be going into Executive Session pursuant to the Texas Government Code, Section 551.074, deliberation regarding personnel. City Council adjourned for Executive Session at 9:44 p.m. Executive Session began at 9:46 p.m. and concluded at 10:18 p.m. Mayor Terrell reconvened the regular meeting at 10:25 p.m. 8B. RESOLUTION NO. 12 -034, APPOINTING MEMBERS TO VARIOUS POSITIONS ON THE BUILDING BOARD OF APPEALS, PARKS AND RECREATION BOARD, PLANNING AND ZONING COMMISSION, SOUTHLAKE PARKS DEVELOPMENT CORPORATION, AND ZONING BOARD OF ADJUSTMENT. APPROVED A motion was made to appoint the following citizens: Building Board of Appeals Name Place Term Expiring David Carpenter Place 2 May 2014 Wayne Luzius Place 4 May 2014 Kenneth Horne Place 6, Alternate 1 May 2014 Planning and Zoning Commission Name Place Term Expiring Michael Forman n/a May 2014 REGULAR CITY COUNCIL MEETING MINUTES, June 5, 2012 Page 9 of 12 Kate Smith n/a May 2014 D. Todd Parrish n/a May 2014 Randy Williamson n/a May 2014 Southlake Parks Development Corporation Name Place Term Expiring Pamela Muller City Council Representative May 2014 John Slocum Parks and Recreation Board Representative May 2014 Al Zito City Council Representative May 2014 Zoning Board of Adjustment Name Place Term Expiring Paul Venesky Place 1 May 2014 Daniel Kubiak Place 4 May 2014 Nicole Smith Alternate No. 2 May 2014 Dennis Simoson Alternate No. 3 May 2013 (motion indicated expiring May 2014, but this unexpired term expires in 2013.) Left vacant Alternate No. 4 May 2014 Parks and Recreation Board Name Place Term Expiring Lori Palmer Place 4 May 2014 Sherry Berman Place 5 May 2014 Chad Patton Place 6 May 2014 Gregg Formella Place 7 May 2014 Motion: Bledsoe Second: Morris Ayes: Bledsoe, Morris, Muller, Schelling, Terrell, Wang, Zito Nays: None Approved: 7 -0 In accordance with Section 4.21 of the City Charter, the caption for this item is listed as follows: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS, APPOINTING MEMBERS TO VARIOUS POSITIONS ON THE BUILDING BOARD OF APPEALS, PARKS AND RECREATION ADVISORY BOARD, PLANNING AND ZONING COMMISSION, SOUTHLAKE PARKS DEVELOPMENT CORPORATION, ZONING BOARD OF ADJUSTMENT, AND PROVIDING AN EFFECTIVE DATE. REGULAR CITY COUNCIL MEETING MINUTES, June 5, 2012 Page 10 of 12 8C. RESOLUTION NO. 12 -037, APPOINTING A CHAIRMAN AND VICE - CHAIRMAN TO THE ZONING BOARD OF ADJUSTMENT. APPROVED A motion was made to appoint Shawn McCaskill to Chairman and Phyllis Lambert to Vice - Chairman. Motion: Bledsoe Second: Zito Ayes: Bledsoe, Morris, Muller, Schelling, Terrell, Wang, Zito Nays: None Approved: 7 -0 In accordance with Section 4.21 of the City Charter, the caption for this item is listed as follows: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS, APPOINTING A CHAIRMAN AND A VICE - CHAIRMAN TO THE ZONING BOARD OF ADJUSTMENT; AND PROVIDING AN EFFECTIVE DATE. 9. OTHER ITEMS FOR CONSIDERATION: 9A. CONSIDER SV12 -006, VARIANCE TO THE MASTER SIGN PLAN FOR SOUTHLAKE TOWN SQUARE PHASE I AND SIGN ORDINANCE 704, AS AMENDED, FOR ALL AMERICAN FAMILY FITNESS LOCATED AT 1430 EAST SOUTHLAKE BLVD. APPROVED Council considered this item earlier in the meeting. 9B. CONSIDER APPROVAL OF BOB JONES NATURE CENTER & PRESERVE MANAGEMENT AGREEMENT WITH THE BOB JONES NATURE CENTER ORGANIZATION. APPROVED This item was approved 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 10:33 p.m. *An audio recording of this meeting will be permanently retained in the City Secretary's Office. REGULAR CITY COUNCIL MEETING MINUTES, June 5, 2012 Page 11 of 12 John C. Terrell Mayor ATTEST: Alicia Richardson City Secretary REGULAR CITY COUNCIL MEETING MINUTES, June 5, 2012 Page 12 of 12