Item 4A - 2012-09-18 Regular MinutesU CITY OF
SOUTHLAK,E
TEXAS
REGULAR CITY COUNCIL MEETING MINUTES: September 18, 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 /Director of
Public Safety Jim Blagg, Assistant City Manager Ben Thatcher, Assistant to City
Manager Alison Ortowski, Communication and Website Manager Pilar Schank, Director
of Community Services Chris Tribble, Deputy Director of Community Services /Librarian
Kerry McGeath, Assistant to the Director Candice Edmondson, Director of Economic
Development Greg Last, Director of Finance Sharen Jackson, Fire Chief Mike Starr,
Director of Human Resources Stacey Black, Director of Information Technology Dale
Dean, Director of Planning and Development Services Ken Baker, Chief Building Official
Paul Ward, Police Chief Steve Mylett, Director of Public Works Bob Price, Deputy
Director of Public Works Gordon Mayer, Operations Manager Chuck Kendrick, 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 5:34 p.m.
2. INVOCATION
Zack Polyak gave the invocation. Mayor Terrell led the pledge of allegiance.
3. 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. Mayor Terrell asked Director of Public
Works Director Bob Price to present item 9D— contract with Kennedy Electric Inc. If
Council has no objection, Mayor Terrell recommended that item be moved to the
consent agenda.
REGULAR CITY COUNCIL MEETING MINUTES, September 18, 2012
Page 1 of 12
There being no objection, item 9D was moved to the consent agenda.
REGULAR SESSION
1. CALL TO ORDER
The Regular Session of the City Council was called to order by Mayor Terrell at 6:07
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 551.074, deliberation regarding personnel; and Section 551.087,
deliberation regarding economic development negotiations. City Council adjourned for
Executive Session at 6:07 p.m. Executive Session began at 6:28 p.m. and concluded at
7:23 p.m.
2B. RECONVENE
Mayor Terrell reconvened the regular meeting at 7:30 p.m. and asked if any action was
necessary from Executive Session. There was no action necessary as the result of
Executive Session.
3. REPORTS
A. Mayor's Report —
Mayor Terrell announced the upcoming meetings and events.
B. City Manager's Report —
Communications and Website Manager Pilar Schank provided an overview of the blog
maintained by the Public Works department. The blog was created to keep the public
informed of upcoming and ongoing construction projects.
4. CONSENT AGENDA (Items 4A -L) 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 AUGUST 27, 2012 SPECIAL CITY COUNCIL
MEETING AND SEPTEMBER 4, 2012 CITY COUNCIL MEETING.
4B. APPROVE SOUTHLAKE PARKS DEVELOPMENT CORPORATION
MATCHING FUNDS REQUEST FROM THE MIRACLE LEAGUE OF
REGULAR CITY COUNCIL MEETING MINUTES, September 18, 2012
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SOUTHLAKE TO CONTRIBUTE TO THE CONSTRUCTION COST OF THE
MIRACLE FIELD AT BICENTENNIAL PARK IN THE AMOUNT OF $50,000.
4C. RESOLUTION NO. 12 -043, APPOINT MEMBERS TO THE CRIME CONTROL
AND PREVENTION DISTRICT BOARD.
Council appointed Mr. Bob Mundlin (Place 5), Mr. William McGuire (Place 6), and Mr.
Craig Sturtevant (Place 7) with terms expiring September 2014.
4D. APPROVE AN AMENDMENT TO THE ADVANCE FUNDING AGREEMENT
WITH TXDOT FOR THE FM 1709 MEDIAN AND DECELERATION LANE
PROJECT IN THE AMOUNT OF $375,000.
4E. APPROVE THE PURCHASE OF FUEL AND GPS MONITORING SYSTEM
SOFTWARE AND HARDWARE UPGRADES FROM E. J. WARD IN THE
AMOUNT OF $55,500.
4F. APPROVE FACILITIES UTILIZATION AGREEMENT WITH SOUTHLAKE
CARROLL LACROSSE ASSOCIATION.
4G. APPROVE FACILITIES UTILIZATION AGREEMENT WITH GRAPEVINE
SOUTHLAKE SOCCER ASSOCIATION.
4H. CANCEL OR RESCHEDULE THE NOVEMBER 20, DECEMBER 18, 2012 AND
JANUARY 1, 2013 CITY COUNCIL MEETINGS.
41. RESOLUTION NO. 12 -044, AMEND THE FEE SCHEDULE.
4J. REMOVED FROM CONSENT AGENDA.
Council member Wang asked to remove item 4J from the consent agenda.
As discussed by Council in work session, item 9D was moved to the consent agenda.
A motion was made to approve the consent agenda as read.
Motion:
Bledsoe
Second:
Morris
Ayes:
Bledsoe, Morris, Muller, Schelling, Terrell, Wang, Zito
Approved:
7 -0
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Page 3 of 12
4J. CONSIDER APPROVAL OF BOB JONES NATURE CENTER & PRESERVE
MANAGEMENT AGREEMENT WITH BOB JONES NATURE CENTER
ORGANIZATION.
OPPRnVFn
A motion was made to approve the Bob Jones Nature Center & Preserve management
agreement.
Motion:
Bledsoe
Second:
Morris
Ayes:
Bledsoe, Morris, Muller, Schelling, Terrell, Zito
Nays:
Wang
Approved:
6 -1
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. 1045 (CP12 -003), 2ND READING, LAND USE PLAN
AMENDMENT FROM MEDIUM DENSITY RESIDENTIAL AND RETAIL
COMMERCIAL TO PUBLIC PARK /OPEN SPACE ON PROPERTY
DESCRIBED AS TRACTS 1C3, 2B, 2A2, 2A, 3C1, 3C1A AND 3D1, L.G. HALL
SURVEY, ABSTRACT NO. 686, CITY OF SOUTHLAKE, TARRANT COUNTY.
TEXAS AND LOCATED AT 285, 315 AND 379 SHADY OAKS DR.,
SOUTHLAKE, TEXAS. CURRENT ZONING: CS — COMMUNITY SERVICE
DISTRICT. SPIN #7. PUBLIC HEARING
APPROVED
Director of Planning and Development Services Ken Baker presented items 6A, 6B and
6C and was available to answer questions.
Director of Community Services Chris Tribble provided Council with an overview of the
Bicentennial Park Master Plan. Mr. Tribble introduced James Williams with Schrickel,
Rollins and Associates who 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.
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Page 4 of 12
A motion was made to approve Ordinance No. 1045.
Motion:
Bledsoe
Second:
Zito
Ayes:
Bledsoe, Morris, Muller, Schelling, Terrell, Wang, Zito
Approved:
7 -0
In accordance with Section 4.21 of the City Charter, the caption for this item is listed as
follows:
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS,
AMENDING THE CONSOLIDATED FUTURE LAND USE PLAN, AN ELEMENT OF
THE SOUTHLAKE 2030 PLAN, THE CITY'S COMPREHENSIVE MASTER PLAN.
6B. ORDINANCE NO. 1044, 2ND READING, BICENTENNIAL PARK MASTER
PLAN. PUBLIC HEARING.
APPROVED
This item was presented in conjunction with item 6A.
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 Ordinance No. 1044.
Motion: Bledsoe
Second: Zito
Ayes: Bledsoe, Morris, Muller, Schelling, Terrell, Wang, Zito
Approved: 7 -0
In accordance with Section 4.21 of the City Charter, the caption for this item is listed as
follows:
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS,
ADOPTING THE BICENTENNIAL PARK MASTER PLAN, A COMPONENT OF THE
PARKS, RECREATION AND OPEN SPACE / COMMUNITY FACILITIES MASTER
PLAN AND THE SOUTHLAKE 2030 PLAN, THE CITY'S COMPREHENSIVE PLAN;
AND TO INCLUDE A PERIODIC REVIEW AND ADOPTION OF ANY AMENDMENTS
AS PRESCRIBED IN THE CHARTER OF THE CITY OF SOUTHLAKE, TEXAS.
6C. ZA 12 -057, SITE PLAN FOR BICENTENNIAL PARK, PHASE II ON
PROPERTY DESCRIBED AS TRACTS 1, 1B, 1C1, 1C2, 1C3, 1E, 2A, 2A1,
2A2, 2B, 21131, 3C, 3C12, 3C1A, 3D, 3D1, 3D1A, 3D6, L.G. HALL SURVEY,
ABSTRACT NO. 686 AND LOT 2R2, L.B.G. HALL NO. 686 ADDITION, CITY
OF SOUTHLAKE, TARRANT COUNTY, TEXAS AND LOCATED NORTH OF
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W. SOUTHLAKE BLVD. BETWEEN SHADY OAKS DR. AND N. WHITE
CHAPEL BLVD., SOUTHLAKE, TEXAS. CURRENT ZONING IS "CS"
COMMUNITY SERVICE DISTRICT. SPIN #7. PUBLIC HEARING
OPPPOVFn
This item was presented in conjunction with items 6A and 6B.
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 ZAl2 -057; subject to staff report dated September 12,
2012; site plan review summary No. 3, dated August 30, 2012; and approving
requested variances.
Motion:
Bledsoe
Second:
Zito
Ayes:
Bledsoe, Morris, Muller, Schelling, Terrell, Wang, Zito
Approved:
7 -0
Mayor Terrell moved to items 9A and 9B.
9A. SV12 -016, SIGN VARIANCE TO ORDINANCE 704, AS AMENDED, FOR THE
NATIONAL FLOOR SAFETY INSTITUTE LOCATED AT 2815 EXCHANGE
BOULEVARD, STE. 200, SOUTHLAKE, TEXAS.
APPROVED
Director of Planning and Development Services Ken Baker presented item and was
available to answer questions.
Applicant representative Russell Kendzior presented request and was available to
answer questions.
A motion was made to approve SV12 -016, granting a variance for the logo height for the
National Floor Safety Institute.
Motion:
Bledsoe
Second:
Morris
Ayes:
Bledsoe, Morris, Muller, Schelling, Terrell, Wang, Zito
Approved:
7 -0
9B. SV12 -017, SIGN VARIANCE TO ORDINANCE 704, AS AMENDED, FOR TECH
TRANS LOCATED AT 2850 MARKET LOOP DRIVE, SOUTHLAKE, TEXAS.
APPROVED
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Director of Planning and Development Services Ken Baker presented item and was
available to answer questions.
Applicant representative Brian Linz presented request and was available to answer
questions.
A motion was made to approve SV12 -017, approving a variance for an awning sign,
subject to the applicant reducing the size of their logo to accommodate 8- inches for the
letters of the business and to proportionally reduce the overall logo image and
accommodate 8 -inch numeric address of the building.
Motion:
Bledsoe
Second:
Wang
Ayes:
Bledsoe, Schelling, Terrell, Wang
Nays:
Morris, Muller, Zito
Approved:
4 -3
6D. ORDINANCE NO. 480 -KKKK, 2ND READING, AMENDMENT TO THE
COMPREHENSIVE ZONING ORDINANCE NO. 480, AS AMENDED, AS IT
PERTAINS TO NONCONFORMING USES AND NONCONFORMING
STRUCTURES. PUBLIC HEARING
APPROVED
Director of Planning and Development Services Ken Baker presented item 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 Ordinance No. 480 -KKKK.
Motion: Bledsoe
Second: Morris
Ayes: Bledsoe, Morris, Muller, Schelling, Terrell, Wang, Zito
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 ORDINANCE NO. 480, AS AMENDED, THE
COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF SOUTHLAKE, TEXAS;
AS IT PERTAINS TO NON - CONFORMING USES AND STRUCTURES; 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
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Page 7 of 12
PUBLICATION IN PAMPHLET FORM; PROVIDING FOR PUBLICATION IN THE
OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE.
6E. ORDINANCE NO. 1046, 2ND READING, APPROVE AND ADOPT THE
ANNUAL BUDGET FOR THE FISCAL YEAR 2013 AND APPROVE THE
REVISED BUDGET FIGURES FOR THE FISCAL YEAR 2012 AND MULTI-
YEAR CAPITAL IMPROVEMENTS PROGRAM. PUBLIC HEARING
APPROVED
Assistant to the City Manager Alison Ortowski presented items 6E, 6F and 6G 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 Ordinance No. 1046, adopting the annual budget for the
Fiscal Year 2013 and approving the revised budget figures for Fiscal Year 2012 and
Multi -Year Capital Improvements Program with the stipulation that funds for the
Watermere traffic signal come from the red light camera fund versus the CIP fund.
Motion:
Bledsoe
Second:
Zito
Ayes:
Bledsoe, Morris, Muller, Schelling, Terrell, Zito
Nays:
Wang
Approved:
6 -1
In accordance with Section 4.21 of the City Charter, the caption for this item is listed as
follows:
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS,
APPROVING REVISED BUDGET FIGURES FOR FISCAL YEAR 2012; APPROVING
AND ADOPTING THE BUDGET FOR THE FISCAL YEAR BEGINNING OCTOBER 1,
2012, AND TERMINATING SEPTEMBER 30, 2013, AND MAKING APPROPRIATIONS
FOR EACH DEPARTMENT, PROJECT AND ACCOUNT; REPEALING CONFLICTING
ORDINANCES; PROVIDING A SAVINGS AND SEVERABILITY CLAUSE; AND
DECLARING AN EFFECTIVE DATE.
6F. ORDINANCE NO. 1047, 2ND READING, TAX LEVY ORDINANCE. PUBLIC
HEARING
APPROVED
This item was presented with item 6E.
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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 Ordinance No. 1047.
Motion:
Bledsoe
Second:
Zito
Ayes:
Bledsoe, Morris, Muller, Schelling, Terrell, Wang, Zito
Approved:
7 -0
In accordance with Section 4.21 of the City Charter, the caption for this item is listed as
follows:
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS,
FIXING AND LEVYING MUNICIPAL AD VALOREM TAXES FOR THE FISCAL YEAR
BEGINNING OCTOBER 1, 2012 AND ENDING SEPTEMBER 30, 2013, AND FOR
EACH YEAR THEREAFTER UNTIL OTHERWISE PROVIDED, AT THE RATE OF
$0.462 PER ONE HUNDRED DOLLARS ($100.00) ASSESSED VALUE ON ALL
TAXABLE PROPERTY WITHIN THE CORPORATE LIMITS OF THE CITY OF
SOUTHLAKE, TEXAS, AS OF JANUARY 1, 2012, TO PROVIDE REVENUES FOR
THE PAYMENT OF CURRENT EXPENSES AND TO PROVIDE AN INTEREST AND
SINKING FUND ON ALL OUTSTANDING DEBTS OF THE CITY; DIRECTING THE
ASSESSMENT THEREOF; PROVIDING FOR DUE AND DELINQUENT DATES
TOGETHER WITH PENALTIES AND INTEREST THEREON; PROVIDING FOR
PLACE OF PAYMENT; PROVIDING FOR APPROVAL OF THE TAX ROLLS
PRESENTED TO THE CITY COUNCIL; PROVIDING FOR THE REPEAL OF
INCONSISTENT ORDINANCES; PROVIDING FOR A SEVERABILITY CLAUSE; AND
DECLARING AN EFFECTIVE DATE.
6G. ORDINANCE NO. 1048, 2ND READING, APPROVE AN ORDINANCE OF THE
CITY OF SOUTHLAKE, TEXAS, PROVIDING FOR A RESIDENTIAL
HOMESTEAD PROPERTY TAX EXEMPTION. PUBLIC HEARING
APPROVED
This item was presented in conjunction with items 6E and 6F.
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 Ordinance No. 1048.
Motion: Bledsoe
Second: Zito
Ayes: Bledsoe, Morris, Muller, Schelling, Terrell, Wang, Zito
REGULAR CITY COUNCIL MEETING MINUTES, September 18, 2012
Page 9 of 12
Approved: 7 -0
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, PROVIDING FOR A
RESIDENTIAL HOMESTEAD PROPERTY TAX EXEMPTION; PROVIDING THAT THIS
ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A
SEVERABILITY CLAUSE; PROVIDING A PUBLICATION CLAUSE; AND PROVIDING
AN EFFECTIVE DATE.
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. SV12 -016, SIGN VARIANCE TO ORDINANCE 704, AS AMENDED, FOR THE
NATIONAL FLOOR SAFETY INSTITUTE LOCATED AT 2815 EXCHANGE
BOULEVARD, STE. 200, SOUTHLAKE, TEXAS.
APPROVED
This item was considered earlier in the evening.
9B. SV12 -017, SIGN VARIANCE TO ORDINANCE 704, AS AMENDED, FOR TECH
TRANS LOCATED AT 2850 MARKET LOOP DRIVE, SOUTHLAKE, TEXAS.
APPROVED
This item was considered earlier in the meeting.
9C. CONSIDER APPROVAL OF CITY SPONSORSHIP POLICY.
APPROVED
Director of Community Services Chris Tribble presented item and was available to
answer questions.
Council and staff discussed the proposed finder's fee and the need to establish an
agreement.
City Attorney E. Allen Taylor commented that language could be included to require that
an agreement be entered into before an organization can make application for a finder's
fee. The City can require the application be a condition prior to organization requesting
a finder's fee.
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Page 10 of 12
A motion was made to approve the City Sponsorship Policy, subject to clarifications
regarding finder's fee and pre- negotiated fee agreements before those are paid and
specified within the policy document.
Motion:
Bledsoe
Second:
Muller
Ayes:
Bledsoe, Morris, Muller, Schelling, Terrell, Wang, Zito
Approved:
7 -0
9D. APPROVE CONTRACT WITH KENNEDY ELECTRIC INC. FOR THE
PURCHASE AND INSTALLATION OF BACKUP GENERATORS FOR THE
PEARSON LANE PUMP STATION IN THE AMOUNT OF $1,152,761
(INCLUDING 5% CONTINGENCY).
APPROVED
This item was approved with the consent agenda.
10. OTHER ITEMS FOR DISCUSSION:
10A. SOUTHLAKE 2030 PLANNING PROCESS
Director of Planning and Development Services Ken Baker provided Council with an
overview of the 2030 planning process. The majority of the individual 2030 plan
elements are completed, which include: Vision, Goals and Objectives; Land Use Sector
Plans (8 plans); Codified Land Use Plan; Wayfinding Signage Plan; Bob Jones Nature
Center Plan; Arts Master Plan; Water, Sewer and Storm Water Plan; and Economic and
Tourism Plan.
The remaining plans include Parks, Recreation and Open Space Plan and Community
Facilities (70% complete); Kiosk Plan (80% complete); Mobility Plan (in process); and
the Sustainability Plan and Community Plan that will begin in Fiscal Year 2013 and
2014, respectively.
In an effort to expedite the 2030 process, Staff is proposing the remaining plans be
developed by staff and presented to the 2030 committees for review, comment and
approval. Staff, at the request of Council, would provide updates on the remaining
plans.
Council concurred with staff's recommendation.
11. MEETING ADJOURNED.
Mayor Terrell adjourned the meeting at 9:55 p.m.
*An audio recording of this meeting will be permanently retained in the City Secretary's
Office.
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John Terrell
Mayor
ATTEST:
Alicia Richardson
City Secretary
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