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Item 4ACITY OF lug TEXAS SOUTHLAK.E REGULAR CITY COUNCIL MEETING MINUTES: March 19, 2013 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, Martin Schelling, Jeff Wang and Al Zito. CITY COUNCIL ABSENT: None. STAFF PRESENT: City Manager Shana Yelverton, Assistant City Manager Ben Thatcher, Assistant City Manager Alison Ortowski, Communication and Website Manager Pilar Schank, Director of Economic Development and Tourism Greg Last, Chief Financial Officer Sharen Jackson, Fire Chief Mike Starr, Director of Human Resources Stacey Black, Director of Community Services Chris Tribble, Deputy Director of Community Services Candice Edmondson, City Librarian Kerry McGeath, Senior Director of Planning and Development Services Ken Baker, Director of Public Works Bob Price, Police Chief Steve Mylett, Deputy Director of Public Works Gordon Mayer, Deputy City Engineer Cheryl Taylor, 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 5:43 p.m. 2. INVOCATION Mr. Clayton Reed gave the invocation. Mayor Terrell led the pledge of allegiance to the United States and Texas Flags. 3. LOCAL BUSINESS REPORT Director of Economic Development and Tourism Greg Last introduced Ms. Christie Abercrombie with 280 Toys. Ms. Abercrombie provided a description of the services provided, hours of operation, and location of business. REGULAR CITY COUNCIL MEETING MINUTES, MARCH 19, 2013 Page 1 of 12 4. CITY SPONSORSHIP PRESENTATION Deputy Director of Community Services Candice Edmondson provided Council with an overview of the City's new sponsorship web pages. 5. SCHOOL RESOURCE OFFICER PROGRAM Police Chief Steve Mylett provided Council with an overview of the Task Force and their recommendation to expand the City's current school resource officer program. The task force includes law enforcement experts, community leaders from the City, Carroll Independent School District, Students and Parents Against Risks to our Kids (SPARK), and faith -based leaders. The Task Force was created in response to requests from the public following the tragedy in Newtown, Connecticut. Currently the City has three (3) school resource officers, with one officer placed at the high school, senior high school, and one who serves both middle schools. If expanded, the program would place an officer in each public school campus within the City. Chief Mylett advised this would be accomplished utilizing a combination of full-time and less than full-time employees. Chief Mylett commented that a less than full-time employee would be a peace officer who works when school is in session. On March 5, 2013, the Crime Control and Prevention District considered and approved the recommendation to fund the expansion of the School Resource Program. If Council approves the expanded program, action will be required at a later date to amend the fiscal year 2013 Crime Control and Prevention District budget to fund the final two months of the current year. The consensus of Council was to move forward with recommendation as presented by Chief Mylett. Mayor Terrell recognized Ms. Terri Messing and asked her to approach the podium. Ms. Messing informed Council of the upcoming Dallas Symphony Orchestra performance at White's Chapel United Methodist Church. The classical concert is part of the APEX Arts League and will be held on April 4 at 7.30 p.m. 6. 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 recommended that items 4F and 4G be removed from the consent agenda to allow Council to take action on the items after Executive Session. REGULAR SESSION: 1. CALL TO ORDER REGULAR CITY COUNCIL MEETING MINUTES, MARCH 19, 2013 Page 2 of 12 The Regular Session of the City Council was called to order by Mayor Terrell at 6.51 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 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 6.51 p.m. Executive Session began at 7.00 p.m. and concluded at 7.30 p.m. 2B. RECONVENE Mayor Terrell reconvened the meeting at 7.33 p.m. 3. REPORTS 3A. MAYOR'S REPORT Proclamation for Carroll Dragons Athletic Director Kevin Ozee Mayor Terrell recognized Mr. Ozee for being named the 2013 Athletic Director of the Year by the National Association of Sports and Physical Education. Mayor Terrell presented Mr. Ozee with a proclamation memorializing his recognition. Proclamation for Carroll Dragons Boys and Girls Swim/Dive Teams Mayor Terrell recognized and presented proclamations to the Carroll Dragons boys and girls swim/dive teams. Mayor Terrell congratulated the Dragons on their Class 5A championship win, making it the Dragons third consecutive state title and the Lady Dragons second consecutive state title. Mayor Terrell advised that Council would move to Item 613. 6B. RESOLUTION NO. 13-012 (ZA13-027), SPECIFIC USE PERMIT FOR A MASS GATHERING EVENT KNOWN AS RELAY FOR LIFE / RACHEL'S CHALLENGE ON PROPERTY BEING DESCRIBED AS LOT 1, BLOCK 1, CARROLL ISD NO. 1 ADDITION AND LOT 1, BLOCK 1 & LOT 1, BLOCK 2, CARROLL ISD NO. 2 AN ADDITION TO THE CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS AND LOCATED AT 801 SHADY OAKS DRIVE AND 800 & 900 NORTH WHITE CHAPEL BOULEVARD, SOUTHLAKE, TEXAS. THE CURRENT ZONING IS "CS" COMMUNITY SERVICE AND "NR- PUD" NON-RESIDENTIAL PLANNED UNIT DEVELOPMENT. SPIN #7. PUBLIC HEARING APPROVED REGULAR CITY COUNCIL MEETING MINUTES, MARCH 19, 2013 Page 3 of 12 Senior Director of Planning and Development Services Ken Baker presented item and was available to answer questions from Council. In response to Council's questions, Mr. Baker advised that the approval of the specific use permit is limited to the same location. If the event is to be held at a new location, the applicant is required to submit a new specific use permit application. Council member Schelling recommended that staff have the authorization to administratively approve any changes that do not modify the intent of the application. There was no opposition from Council. Mayor Terrell advised staff that Council received a letter regarding parking in adjacent residential neighborhoods. Mayor Terrell asked if signage would be placed indicating no parking is allowed in adjacent neighborhoods. Mr. Baker advised Council the Public Works Department is working with the Carroll Independent School District to ensure barricades are installed as well as the no parking signs. Applicant representatives Dr. Derek Citty, Tina Wasserman and Christie Milican presented request. 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 Resolution No. 13-012, specific use permit for a mass gathering event known as Relay for Life / Rachel's Challenge; permit shall be for a period of three years, subject to there not being any material scope changes in the participation level of the event and pursuant to staff report dated March 13, 2013. Motion: Bledsoe Second: Zito Ayes: Bledsoe, Morris, Muller, Schelling, Terrell, Wang, Zito Approved: 7-0 Mayor Terrell advised that Council would move to Item 9A. 9A. SV13-002, SIGN VARIANCE TO ORDINANCE 704, AS AMENDED, FOR 280 SPORTS LLC, LOCATED AT 280 COMMERCE STREET. OPPPOVFn Senior Director of Planning and Development Services Ken Baker presented item and was available to answer questions from Council. Applicant representative Christie Abercrombie presented request and was available to answer questions from Council. REGULAR CITY COUNCIL MEETING MINUTES, MARCH 19, 2013 Page 4of12 Staff, applicant and Council discussed request. Council provided comments regarding landscaping. A motion was made to approve SV13-002, sign variance to Ordinance No. 704, as amended for 280 Sports LLC; granting variances for the sign face height at 5' and maximum sign height at 7' 6", subject to the applicant presenting a landscaping plan to staff that will be of scale complementary to the size and scope of the sign, which as an example, will include a stone boundary and seasonal color flower bed, and said improvements shall be completed within 90 days of this approval. Motion: Bledsoe Second: Morris Ayes: Bledsoe, Morris, Muller, Schelling, Terrell, Wang, Zito Approved: 7-0 EXECUTIVE SESSION Mayor Terrell announced that City Council would be going into Executive Session pursuant to the Texas Government Code, Section 551.071, consultation with 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 8:09 p.m. Executive Session began at 8:15 p.m. and concluded at 9:59 p.m. Mayor Terrell reconvened the meeting at 9:02 p.m. Mayor Terrell asked if any action was necessary from Executive Session. A motion was made to authorize staff to continue with settlement negotiations pursuant to discussion held in executive session. Motion: Bledsoe Second: Zito Ayes: Bledsoe, Morris, Muller, Schelling, Terrell, Wang, Zito Approved: 7-0 3113. CITY MANAGER'S REPORT None. 4. CONSENT AGENDA 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 5, 2013 CITY COUNCIL MEETING. REGULAR CITY COUNCIL MEETING MINUTES, MARCH 19, 2013 Page 5 of 12 4B. ORDINANCE NO. 480-MMMM, 1ST READING, AN AMENDMENT TO THE COMPREHENSIVE ZONING ORDINANCE NO. 480 ADDING VARIANCE PROVISIONS TO SECTION 45 SPECIFIC USE PERMITS. (IF APPROVED AT FIRST READING, THE PUBLIC HEARING WILL BE HELD ON APRIL 2, 2013.) 4C. APPROVE THE 2012 COMPREHENSIVE ANNUAL FINANCIAL REPORT. 4D. RESOLUTION NO. 13-015, CERTIFY UNOPPOSED CANDIDATES FOR THE MAY 11, 2013 GENERAL ELECTION. 4E. RESOLUTION NO. 13-016, CANCEL THE MAY 11, 2013 GENERAL ELECTION. 4F. COUNCIL REMOVED ITEM FROM CONSENT AGENDA. 4G. COUNCIL REMOVED ITEM FROM CONSENT AGENDA. 4H. ORDINANCE NO. 480-635 (ZA13-017), 1ST READING, ZONING CHANGE AND CONCEPT PLAN FOR 2009 EAST HIGHLAND STREET ON PROPERTY BEING DESCRIBED AS TRACT 2F, T. MAHAN SURVEY, ABSTRACT NO. 1049, SOUTHLAKE, TARRANT COUNTY, TEXAS AND LOCATED AT 2009 EAST HIGHLAND STREET, SOUTHLAKE, TEXAS. THE CURRENT ZONING IS "AG" AGRICULTURAL ZONING DISTRICT. THE REQUESTED ZONING IS "SF-1A" SINGLE FAMILY RESIDENTIAL ZONING DISTRICT. SPIN #4. (IF APPROVED ON FIRST READING, THE PUBLIC HEARING WILL BE HELD ON APRIL 2, 2013.) 41. ZA13-001, SITE PLAN FOR MEMO CORPORATION ON PROPERTY BEING DESCRIBED AS LOT 1, BLOCK A, ENTEK ADDITION AN ADDITION TO THE CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS LOCATED AT 722 SOUTH KIMBALL AVENUE, SOUTHLAKE, TEXAS. THE CURRENT ZONING IS "I-1" LIGHT INDUSTRIAL ZONING DISTRICT. SPIN #8. (APPLICANT HAS REQUESTED TO TABLE THIS ITEM. IF APPROVED AT THE MARCH 21, 2013 PLANNING AND ZONING COMMISSION MEETING, COUNCIL WILL CONSIDER AND CONDUCT THE PUBLIC HEARING AT THEIR APRIL 2, 2013 MEETING.) 4J. ZA13-009, SITE PLAN FOR DEL FRISCO'S GRILLE ON PROPERTY BEING DESCRIBED AS LOT 3, BLOCK 1R, SOUTHLAKE TOWN SQUARE ADDITION, CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS AND BEING LOCATED AT 140 STATE STREET, SOUTHLAKE, TEXAS. CURRENT ZONING: DT- DOWNTOWN DISTRICT. SPIN #8. (APPLICANT HAS REQUESTED TO TABLE THIS ITEM TO THE APRIL 2, 2013 CITY COUNCIL MEETING.) REGULAR CITY COUNCIL MEETING MINUTES, MARCH 19, 2013 Page 6 of 12 4K. ZA13-014, PLAT REVISION FOR LOT 3R AND LOT 5, BLOCK 1R, SOUTHLAKE TOWN SQUARE ADDITION, ON PROPERTY DESCRIBED AS LOT 3, BLOCK 1R, SOUTHLAKE TOWN SQUARE ADDITION, CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS AND BEING LOCATED AT 140 STATE STREET, CURRENT ZONING: DT- DOWNTOWN DISTRICT. SPIN #8. (APPLICANT HAS REQUESTED TO TABLE THIS ITEM TO THE APRIL 2, 2013 CITY COUNCIL MEETING.) APPROVED Council, during work session, removed items 4F and 4G. A motion was made to approve the consent agenda as presented. Motion: Bledsoe Second: Morris Ayes: Bledsoe, Morris, Muller, Schelling, Terrell, Wang, Zito Approved: 7-0 REGULAR AGENDA: 5. PUBLIC FORUM No speakers. 6. ORDINANCES, SECOND READINGS, PUBLIC HEARINGS, AND RELATED ITEMS: 6A. ZA13-008, SITE PLAN FOR THE SHADDOCK OFFICE BUILDING ON PROPERTY BEING DESCRIBED AS LOT 3, BLOCK 1, GUMM SCIFRES ADDITION, AN ADDITION TO THE CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS AND LOCATED AT 131 SOUTH VILLAGE CENTER DRIVE, SOUTHLAKE, TEXAS. CURRENT ZONING: 01 — OFFICE ZONING DISTRICT. SPIN #8. PUBLIC HEARING TABLED Senior Director of Planning and Development Services Ken Baker presented item and responded to questions from Council. Applicant representatives Julianna Turner, 3530 Travis Street, Dallas and Paul Craigen, 2121 Bear Creek Parkway, Euless presented request. Staff, applicant and Council discussed the request. Council provided comments to applicant regarding parking, orientation of building, impervious cover, awnings, landscaping, and western elevation. REGULAR CITY COUNCIL MEETING MINUTES, MARCH 19, 2013 Page 7 of 12 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 table ZA13-008, site plan for Shaddock Office Building to the April 2, 2013 Council meeting. Motion: Bledsoe Second: Zito Ayes: Bledsoe, Morris, Muller, Schelling, Terrell, Wang, Zito Approved: 7-0 6B. RESOLUTION NO. 13-012 (ZA13-027), SPECIFIC USE PERMIT FOR A MASS GATHERING EVENT KNOWN AS RELAY FOR LIFE / RACHEL'S CHALLENGE ON PROPERTY BEING DESCRIBED AS LOT 1, BLOCK 1, CARROLL ISD NO. 1 ADDITION AND LOT 1, BLOCK 1 & LOT 1, BLOCK 2, CARROLL ISD NO. 2 AN ADDITION TO THE CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS AND LOCATED AT 801 SHADY OAKS DRIVE AND 800 & 900 NORTH WHITE CHAPEL BOULEVARD, SOUTHLAKE, TEXAS. THE CURRENT ZONING IS "CS" COMMUNITY SERVICE AND "NR- PUD" NON-RESIDENTIAL PLANNED UNIT DEVELOPMENT. SPIN # 7. PUBLIC HEARING OPPPOVFn Council considered this item earlier in the meeting. 6C. ORDINANCE NO. 480-JJJJ, 2nd READING, AMENDMENT TO THE COMPREHENSIVE ZONING ORDINANCE NO. 480, AS AMENDED, AS IT PERTAINS TO BUILDING COLOR. PUBLIC HEARING APPROVED Council did not require a presentation from staff. 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. 480-JJJJ amendment to the Comprehensive Zoning Ordinance No. 480, as amended, as it pertains to building color. Motion: Bledsoe Second: Zito Ayes: Bledsoe, Morris, Muller, Schelling, Terrell, Wang, Zito Approved: 7-0 REGULAR CITY COUNCIL MEETING MINUTES, MARCH 19, 2013 Page 8 of 12 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 BUILDING COLOR; 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 PUBLICATION IN PAMPHLET FORM; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE. 6D. ORDINANCE NO. 1060, 2nd READING, PARKS, RECREATION & OPEN SPACE/COMMUNITY FACILITIES MASTER PLAN, A COMPONENT OF THE SOUTHLAKE 2030 COMPREHENSIVE PLAN. PUBLIC HEARING APPROVED Director of Community Services Chris Tribble 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 No. 1060, Parks, Recreation & Open Space/Community Facilities Master Plan, a component of the Southlake 2030 Comprehensive Plan and noting additional inclusion of the plan that staff will conduct further research to gather additional facts and figures related to synthetic turf prior to any installation within the parks system. 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 ADOPTING THE PARKS, RECREATION & OPEN SPACE/COMMUNITY FACILTIES MASTER PLAN AS AN ELEMENT OF THE SOUTHLAKE 2030 PLAN, THE CITY'S SOMPREHENSIVE PLAN UPDATE. 7. ORDINANCES, FIRST READINGS, AND RELATED ITEMS: (THERE ARE NO ITEMS ON THIS AGENDA) REGULAR CITY COUNCIL MEETING MINUTES, MARCH 19, 2013 Page 9 of 12 8. RESOLUTIONS: (THERE ARE NO ITEMS ON THIS AGENDA) 9. OTHER ITEMS FOR CONSIDERATION: 9A. SV13-002, SIGN VARIANCE TO ORDINANCE 704, AS AMENDED, FOR 280 SPORTS LLC, LOCATED AT 280 COMMERCE STREET. OPPPOVFn Council considered this item earlier in the meeting. 9B. SV13-003, SIGN VARIANCE TO ORDINANCE 704, AS AMENDED, FOR THOMASVILLE FURNITURE AND ANDERSON'S FURNITURE STORES LOCATED AT 1600 EAST SOUTHLAKE BOULEVARD. APPROVED Senior Director of Planning and Development Services Ken Baker presented item and was available to answer questions from Council. Applicant representative Zeke Bullock presented request and responded to questions from Council. A motion was made to approve SV13-003, sign variance to Ordinance No. 704, as amended, for Thomasville Furniture and Anderson's Furniture stores located at 1600 East Southlake Boulevard with the following stipulations: regarding the Thomasville sign, maximum letter height will be 42"; approval will be provided for Thomasville in the event a sign area variance is required; and approval is also provided for Thomasville in the event there is a sign placement variance regarding the centering of the plane facade; regarding the Anderson sign, maximum letter height will be a maximum of 42" to be a combination of 28" letters or all in with the "a" and the "s" on each end up to 42"; approval will be provided for Anderson in the event a sign area variance is required, otherwise Council expects the sign placement to be in compliance; noting the applicant will work with staff to locate address numerals as appropriate pursuant to this evening's discussion —preferably in the center of each store's facade just above the doors; and that the sign height will be as presented this evening. Motion: Bledsoe Second: Zito Ayes: Bledsoe, Morris, Muller, Terrell, Wang, Zito Nays: Schelling Approved: 6-1 10. OTHER ITEMS FOR DISCUSSION: 10B. SISTER CITY RELATIONSHIP WITH EL FUERTE, MEXICO REGULAR CITY COUNCIL MEETING MINUTES, MARCH 19, 2013 Page 10 of 12 On behalf of the Southlake Sister Cities Board of Directors, Council member Wang presented item to Council. The purpose of this item is to obtain feedback on the future relationship with El Fuerte, Mexico. Currently, the City's relationship with El Fuerte, Mexico has become dormant. In the past, Sister Cities International discouraged entities from dissolving sister city relationships. Most recently, Southlake Sister Cities International published a guideline that addresses dormant relationships. In which the elected officials will send a letter to their sister city specifying that the sister city relationship has been dormant for year and best for both entities to discontinue the relationship. The Sister Cities Board of Directors by a vote of 6-1 recommends that the City of Southlake take official action as set out by the Sister Cities International guidelines. The consensus of Council is to move forward with the recommendation of Southlake Sister Cities Board of Directors. Council expressed their desire to locate another sister city. 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 10:27 p.m. Executive Session began at 10:28 p.m. and concluded at 10:49 p.m. Mayor Terrell reconvened the meeting at 10:50 p.m. 4F. RESOLUTION NO. 13-019, APPOINT MEMBERS(S) TO THE PLANNING AND ZONING COMMISSION TO FULFILL VACANCY. APPROVED A motion was made to approve Resolution No. 13-019, appointing Dan Kubiak to a term expiring 2014. Motion: Bledsoe Second: Morris Ayes: Bledsoe, Morris, Muller, Schelling, Terrell, Wang, Zito Approved: 7-0 4G. RESOLUTION NO. 13-020, APPOINT MEMBERS TO THE ZONING BOARD OF ADJUSTMENT TO FULFILL VACANCIES. APPROVED A motion was made to approve Resolution No. 13-020, appointing John Huffman to Place 4, term expiring June 30, 2014; Kourosh Panahy to Alternate 1, term expiring June 30, 2013; Paul Lepicier to Alternate 2, term expiring June 30, 2014 and Scott Dyche, to Alternate 3, term expiring June 30, 2013. REGULAR CITY COUNCIL MEETING MINUTES, MARCH 19, 2013 Page 11 of 12 Motion: Bledsoe Second: Zito Ayes: Bledsoe, Morris, Muller, Schelling, Terrell, Wang, Zito Approved: 7-0 11. MEETING ADJOURNED. Mayor Terrell adjourned the meeting at 10:51 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, MARCH 19, 2013 Page 12 of 12