2013-04-16 CITY OF
TEXAS SOU LAKE
REGULAR CITY COUNCIL MEETING MINUTES: APRIL 16, 2013
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 Ben
Thatcher, Assistant City Manager Alison Ortowski, Assistant to the City Manager
Caroline Eckel, Communication and Website Manager Pilar Schank, Director of
Economic Development and Tourism Greg Last, Chief Financial Officer Sharen
Jackson, Deputy Fire Chief Wade Carroll, Assistant to the Director /Emergency
Coordinator Kyle Taylor, Director of Human Resources Stacey Black, Director of
Community Services Chris Tribble, Senior Director of Planning and Development
Services Ken Baker, Planner I Lorrie Fletcher, Deputy Police Chief James Brandon,
Director of Public Works Bob Price, Environmental Coordinator Christi Upton, Alicia
Richardson, City Secretary, City Attorney E. Allen Taylor.
WORK SESSION:
1. CALL TO ORDER
The Work Session was called to order by Mayor Terrell at 5:41 p.m.
2. INVOCATION
Mr. David Whitington 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. Stephanie
Chen with Snowflakes and Crepes Cafe, located at 3105 East Southlake Boulevard,
Suite 140. Ms. Chen provided a description of the services provided, hours of
operation, and location of business.
4. WEST NILE VIRUS (2013 PREVENTION PLAN)
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Assistant to the Director /Emergency Management Coordinator Kyle Taylor and
Environmental Coordinator Christi Upton provided Council with a review of the 2012
West Nile Virus season and plans for the upcoming year. The plan includes guidelines
for public education, source reduction, surveillance and monitoring, and Iarviciding and
adulticiding.
In response to a question from Council, Ms. Upton advised that staff is in contact and
coordinates positive results with surrounding municipalities.
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 Wang recommended
moving item 9B— request of The Miracle League of Southlake to the consent agenda.
There being no opposition from Council, item 9B was moved to the consent agenda.
In response to Council member Zito's question regarding item 4C —FM 1709 illuminated
street name signs, City Manager Shana Yelverton informed Council staff plans to
continue with the project. Staff will need to review and revise the budget according to
Texas Department of Transportation's specifications.
In response to Deputy Mayor Pro Tem Mulier's question, Community Services Director
Chris Tribble advised Council the Southlake Parks Development Corporation approved
to match funds that are collected until May 31, 2013, in an amount not to exceed
$25,000. If the 2012/2013 Leadership Southlake class raised funds in excess of
$25,000 and wanted additional funding they would be required to submit an additional
request.
Senior Director of Planning and Development Services Ken Baker advised Council the
applicant for item 4J —MSP13 -004, Forest Park Medical Center supplied revised
renderings. The applicant is proposing white lettering as opposed to the blue lettering
submitted with their application.
REGULAR SESSION:
1. CALL TO ORDER
The Regular Session of the City Council was called to order by Mayor Terrell at 6:21
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,
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Section 551.087, deliberation regarding economic development negotiations. City
Council adjourned for Executive Session at 6:21 p.m.
City Council did not require an Executive Session.
2B. RECONVENE
Mayor Terrell reconvened the meeting at 7:07 p.m. Mayor Terrell asked if any action
was necessary from Executive Session.
3. REPORTS
3A. MAYOR'S REPORT
Proclamation — Texas Health Harris Methodist Southlake
Mayor Terrell presented Traci Bernard, with a proclamation recognizing Texas Health
Harris Methodist Southlake for being named the 2013 Best Companies to work for in
Texas.
Proclamation — Motorcycle Safety Awareness Month
Mayor Terrell presented Wane Holman with a proclamation recognizing April as
Motorcycle Safety Awareness month.
Mayor Terrell recognized Public Works Director Bob Price and Chief Building Official
Paul Ward for their outstanding customer service. Mayor Terrell advised that he
received a letter from a new resident who was impressed with his interaction with Mr.
Price and Mr. Ward and their respective departments.
3B. CITY MANAGER'S REPORT
Award for Distinguished Budget Presentation from Government Finance Officers
Association (GFOA)
City Manager Shana Yelverton recognized the efforts of Chief Financial Officer Sharon
Jackson and Assistant City Manager Alison Ortowski for preparing the City's budget.
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 APRIL 2, 2013 CITY COUNCIL MEETING.
4B. APPROVE CARILLON PHASE 4B PARK PLAN.
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4C. REJECT ALL BIDS FOR THE FM1709 ILLUMINATED STREET NAME SIGN
AND BATTERY BACK -UP SYSTEM INSTALLATION PROJECT.
4D. APPROVE INTERLOCAL AGREEMENT WITH THE CITY OF GRAPEVINE
FOR THE DESIGN AND CONSTRUCTION OF THE NOLEN CONNECTOR.
4E. APPROVE SOUTHLAKE PARKS DEVELOPMENT CORPORATION (SPDC)
MATCHING FUNDS REQUEST FROM 2012/13 LEADERSHIP SOUTHLAKE
CLASS TO CONTRIBUTE TO THE CONSTRUCTION COST OF NATURE
CENTER SIGNAGE AT THE BOB JONES NATURE CENTER & PRESERVE.
4F. APPROVE SOUTHLAKE PARKS DEVELOPMENT CORPORATION (SPDC)
MATCHING FUNDS REQUEST FROM THE MIRACLE LEAGUE OF
SOUTHLAKE TO CONTRIBUTE TO THE CONSTRUCTION COST OF THE
MIRACLE LEAGUE FIELD AT BICENTENNIAL PARK.
4G. THIS ITEM WAS INTENTIALLY LEFT BLANK.
4H. SV13 -005, SIGN VARIANCE TO SIGN ORDINANCE 704-F REGULATIONS
FOR MODIA HOME THEATRE STORE LOCATED AT 111 SOUTH VILLAGE
CENTER DRIVE, SOUTHLAKE, TEXAS.
41. SV13 -006, SIGN VARIANCE TO SIGN ORDINANCE 704-F REGULATIONS
FOR SOLARA SURGICAL PARTNERS LOCATED AT 120 SOUTH VILLAGE
CENTER DRIVE, SOUTHLAKE, TEXAS.
4J. MSP13 -004 AMENDMENT TO THE FOREST PARK MEDICAL CENTER
SOUTHLAKE, MASTER SIGN PLAN LOCATED AT 335 EAST STATE
HIGHWAY 114.
APPROVED
Council, during work session, moved item 9B to the consent agenda.
A motion was made to approve the consent agenda as presented.
Motion: Bledsoe
Second: Zito
Ayes: Bledsoe, Morris, Muller, Schelling, Terrell, Wang, Zito
Approved: 7 -0
REGULAR AGENDA:
5. PUBLIC FORUM
Mr. Steven Zerbe, 101 E. Chapel Down Drive, commented on the White Chapel
widening project.
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Ms. Jill O'Neal, 101 Ascot, commented on the White Chapel widening project.
Ms. Jolie Allen, 100 E. Chapel Down Drive, commented on the White Chapel widening
project.
6. ORDINANCES, SECOND READINGS, PUBLIC HEARINGS, AND RELATED
ITEMS:
6A. ZA13 -024, SITE PLAN FOR TRUFIRE KITCHEN & BAR ON PROPERTY
BEING DESCRIBED LOT 4, BLOCK 1R, PHASE 1 SOUTHLAKE TOWN
SQUARE, AN ADDITION TO THE CITY OF SOUTHLAKE, TARRANT
COUNTY, TEXAS AND LOCATED AT 1235 MAIN STREET, SOUTHLAKE,
TEXAS. THE CURRENT ZONING IS "DT" DOWNTOWN DISTRICT. SPIN #8.
PUBLIC HEARING
APPROVED
Senior Director of Planning and Development Services Ken Baker presented items 6A
and 6B and was available to answer questions from Council.
Applicant representative David Gregory presented request and responded to 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 ZA13 -024, site plan for TruFire Kitchen & Bar noting the
following: relocation of the fire place feature in the presentation this evening; subject to
site plan review summary No. 3, dated April 4, 2013; and applicant replacing the entire
dwarf Indian Hawthornes noted on the site plan.
Motion: Bledsoe
Second: Zito
Ayes: Bledsoe, Morris, Muller, Schelling, Terrell, Wang, Zito
Approved: 7 -0
6B. APPROVE AN ENCROACHMENT AND JOINT USE AGREEMENT FOR
TRUFIRE KITCHEN & BAR OUTDOOR PATIO IN THE RIGHT OF WAY AT
1239 MAIN STREET.
APPROVED
This item was presented in conjunction with item 6A.
A motion was made to approve an encroachment and joint use agreement for TruFire
Kitchen & Bar outdoor patio in the right of way at 1239 Main Street.
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Motion: Bledsoe
Second: Zito
Ayes: Bledsoe, Morris, Muller, Schelling, Terrell, Wang, Zito
Approved: 7 -0
6C. ORDINANCE NO. 1061, 2 READING, WATER CONSERVATION MASTER
PLAN, A COMPONENT OF THE SOUTHLAKE 2030 COMPREHENSIVE
PLAN. PUBLIC HEARING
APPROVED
Senior Planning and Development Director Ken Baker presented item and was
available to answer questions from Council.
Council discussed the item and provided the following comments: research costs
associated with mobile applications; revisit the landscaping ordinance to determine if
there is an opportunity to conservative water; and consider utilizing artificial turf at
sporting fields.
Mayor Terrell opened the public hearing and asked for anyone wishing to speak on the
item to come forward.
Mr. Simon Rurka, 803 Dominion Drive, asked the City to consider implementation of
smart metering.
There being no one else wishing to speak, Mayor Terrell closed the public hearing.
A motion was made to approve Ordinance No. 1061, Water Conservation Plan, a
component of the Southlake 2030 Comprehensive Plan.
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 ABOPTING THE WATER CONSERVATION MASTER PLAN AS AN
ELEMENT OF THE SOUTHLAKE 2030 PLAN, THE CITY'S COMPREHENSIVE PLAN
UPDATE.
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6D. ORDINANCE NO. 480 -NNNN, 2 READING, AN AMENDMENT TO THE
COMPREHENSIVE ZONING ORDINANCE NO. 480, AS AMENDED,
DELETING SECTION 46.3D PERTAINING TO PROCEDURES TO OVERRULE
A RECOMMENDATION OF THE PLANNING AND ZONING COMMISSION TO
DENY A PROPOSED CHANGE TO A REGULATION OR DISTRICT
BOUNDARY. PUBLIC HEARING
APPROVED
Senior Director of Planning and Development Services Ken Baker presented 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.
Mr. Simon Rurka, 803 Dominion Drive, spoke in opposition.
There being no one else wishing to speak, Mayor Terrell closed the public hearing.
A motion was made to approve Ordinance No. 480 -NNNN, an amendment to the
Comprehensive Zoning Ordinance No. 480, as amended, deleting Section 46.3d
pertaining to procedures to overrule a recommendation of the Planning and Zoning
Commission to deny a proposed change to a regulation or district boundary.
Motion: Bledsoe
Second: Wang
Ayes: Bledsoe, Schelling, Terrell, Wang
Nays: Morris, Muller, Zito
Approved: 4 -3
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;
BY DELETING SECTION 46.3D, PERTAINING TO PROCEDURES TO OVERRULE A
RECOMMENDATION OF THE PLANNING AND ZONING COMMISSION TO DENY A
PROPOSED CHANGE TO A REGULATION OR BOUNDARY; 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.
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6E. ORDINANCE NO. 1063, AUTHORIZING THE ISSUANCE OF GENERAL
OBLIGATION REFUNDING BONDS, SERIES 2013. PUBLIC HEARING.
APPROVED
First Southwest representative Jim Sabonis presented items 6E and 6F and was
available to answer questions.
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. 1063, authorizing the issuance of
General Obligation Refunding Bonds, Series 2013.
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 AUTHORIZING THE ISSUANCE OF "CITY OF SOUTHLAKE,
TEXAS, GENERAL OBLIGATION REFUNDING BONDS, SERIES 2013 "; SPECIFIING
THE TERMS AND FEATURES OF SAID BONDS; LEVYING A CONTINUING DIRECT
ANNUAL AD VALOREM TAX FOR THE PAYMENT OF SAID BONDS; PROVIDING
FOR THE REDEMPTION OF CERTAIN OUTSTANDING OLIGATIONS OF THE CITY;
AND RESOLVING OTHER MATTERS INCIDENT AND RELATED TO THE ISSUANCE,
SALE, PAYMENT AND DELIVERY OF SAID NONDS, INCLUDING THE APPROVAL
AND EXECUTION OF A PAYING AGENT /RREGISTRAR AGREEMENT AND THE
APPROVAL AND DISTRIBUTION OF AN OFFICIAL STATEMENT; AND PROVIDING
AN EFFECTIVE DATE.
6F. ORDINANCE NO. 1064, AUTHORIZING THE ISSUANCE OF CERTIFICATES
OF OBLIGATION, SERIES 2013. PUBLIC HEARING.
APPROVED
This item was presented in conjunction with item 6E.
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. 1064, authorizing the issuance of
Certificates of Obligation, Series 2013.
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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 AUTHORIZING THE ISSUANCE OF "CITY OF SOUTHLAKE,
TEXAS, TAX AND WATERWORKS AND SEWER SYSTEM (LIMITED PLEDGE)
REVENUE CERTIFICATES OF OBLIGATION, SERIES 2013 "; SPECIFIING THE
TERMS AND FEATURES OF SAID CERTIFICATES; PROVIDING FOR THE
PAYMENT OF SAID CERTIFICATES OF OBLIGATION BY THE LEVY OF AN AD
VALOREM TAX UPON ALL TAXABLE PROPERTY WITHIN THE CITY AND A
LIMITED PLEDGE OF THE NET REVENUES FROM THE OPERATION OF THE
CITY'S WATERWORKS AND SEWER SYSTEM; AND RESOLVING OTHER
MATTERS INCIDENT AND RELATING TO THE ISSUANCE, PAYMENT, SECURITY,
SALE AND DELIVERY OF SAID CERTIFICATES OF OBLIGATION, INCLUDING THE
APPROVAL AND EXECUTION OF A PAYING AGENT /REGISTRAR AGREEMENT
AND THE APPROVAL AND DISTRIBUTION OF AN OFFICIAL STATEMENT; 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. MSP13 -003, MASTER SIGN PLAN FOR MCDONALDS ON PROPERTY BEING
DESCRIBED AS LOT 1R2, BLOCK 1, KIMBALL/1709 ADDITION, AN
ADDITION TO THE CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS AND
BEING LOCATED AT 225 NORTH KIMBALL AVENUE, SOUTHLAKE, TEXAS.
APPROVED
Planner I Lorrie Fletcher presented item and was available to answer questions from
Council.
Applicant representative Patrick Piehl presented request and responded to questions
from Council.
A motion was made to approve MSP13 -003, master sign plan for McDonalds, located at
225 North Kimball noting the following variances: double arm gateway sign at entrance
of drive through as presented; two (2) order here canopy signs at order stations in the
drive through as presented; two (2) menu board signs at order stations in the drive
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through as presented; two (2) attached play place signs —one on the north elevation
and one on the south elevation, allowing for placement as proposed and allowing 22 1 /4
inch maximum letter height; three (3) attached wall arch logo signs —one on the west,
south, and east elevations and allowing 42 -inch maximum logo height; two (2) attached
McDonald's signs —one on the west elevation and one on the north elevation (letter
height compliant on north), allowing for 24 -inch maximum letter height on the west
elevation; five (5) detached directional signs as shown on submitted site plan, allowing
for dimensions as proposed — allowing number of signs to exceed the maximum of two
(2) per site; applicant's approved to exceed the maximum number of allowed attached
signs on the building —two (2) total attached signs are allowed – seven (7) total
qualifying signs proposed; noting applicant's comments for a counterclockwise traffic
directional float pattern as indicated with pavement marking; and as presented by
applicant this evening.
Motion: Bledsoe
Second: Zito
Ayes: Bledsoe, Morris, Muller, Schelling, Terrell, Wang, Zito
Approved: 7 -0
9B. CONSIDER REQUEST RECEIVED FROM THE MIRACLE LEAGUE OF
SOUTHLAKE FOR THE CITY TO WAIVE THE CITY'S FIELD MAINTENANCE
FEES FOR THE MIRACLE LEAGUE OF SOUTHLAKE PROGRAM.
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 9:12 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
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Alicia Richardson
City Secretary •• " ° ° °••®
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