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Item 4ACITY OF lug TEXAS SOUTHLAK.E 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 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, 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. Chin provided a description of the services provided, hours of operation, and location of business. 4. WEST NILE VIRUS (2013 PREVENTION PLAN) REGULAR CITY COUNCIL MEETING MINUTES, APRIL 16, 2013 Page 1 of 10 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 larviciding 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 913—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 Tern Muller'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, REGULAR CITY COUNCIL MEETING MINUTES, APRIL 16, 2013 Page 2 of 10 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. REGULAR CITY COUNCIL MEETING MINUTES, APRIL 16, 2013 Page 3 of 10 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. REGULAR CITY COUNCIL MEETING MINUTES, APRIL 16, 2013 Page 4of10 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. REGULAR CITY COUNCIL MEETING MINUTES, APRIL 16, 2013 Page 5 of 10 Motion: Bledsoe Second: Zito Ayes: Bledsoe, Morris, Muller, Schelling, Terrell, Wang, Zito Approved: 7-0 6C. ORDINANCE NO. 1061, 2ND 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. REGULAR CITY COUNCIL MEETING MINUTES, APRIL 16, 2013 Page 6 of 10 6D. ORDINANCE NO. 480-NNNN, 2ND READING, AN AMENDMENT TO THE COMPREHENSIVE ZONING ORDINANCE NO. 480, AS AMENDED, DELETING SECTION 46.31) 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. REGULAR CITY COUNCIL MEETING MINUTES, APRIL 16, 2013 Page 7 of 10 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. REGULAR CITY COUNCIL MEETING MINUTES, APRIL 16, 2013 Page 8 of 10 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 REGULAR CITY COUNCIL MEETING MINUTES, APRIL 16, 2013 Page 9 of 10 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 22 114 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 9113. 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. OPPPOVFn 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. John Terrell Mayor ATTEST: Alicia Richardson City Secretary REGULAR CITY COUNCIL MEETING MINUTES, APRIL 16, 2013 Page 10 of 10