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2013-05-07 CITY O F SOUTHLAKE TEXAS REGULAR CITY COUNCIL MEETING MINUTES: May 7, 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 Community Services Chris Tribble, Deputy Director of Community Services Candice Edmondson, Director of Economic Development and Tourism Greg Last, Chief Financial Officer Sharen Jackson, Fire Chief Mike Starr, Assistant to the Director /Emergency Management Coordinator Kyle Taylor, Director of Human Resources Stacey Black, Police Chief Steve Mylett, Senior Director of Planning and Development Services Ken Baker, Director of Public Works Bob Price, Deputy Director of Public Works Cheryl Taylor, City Secretary Alicia Richardson, City Attorney E. Allen Taylor. WORK SESSION: 1. CALL TO ORDER The Work Session was called to order by Mayor Terrell at 5:32 p.m. 2. INVOCATION Mr. Nino Elliott 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 Jenn Kropholler with Tee with Sugar. Ms. Kropholler provided a description of the services provided, hours of operation, and location of business. Mayor Terrell moved to item 5. REGULAR CITY COUNCIL MEETING MINUTES, May 7, 2013 Page 1 of 7 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. In response to Deputy Mayor Pro Tem Muller's question, Assistant City Manager Alison Ortowski advised Council that the City will continue with the services provided by Crud Cruiser. In addition to the Crud Cruiser, Republic Waste Services of Texas of Texas, Ltd. will offer a hazardous household waste collection. 4. RECOGNITION OF COUNCIL MEMBERS AL ZITO AND JEFF WANG Mayor Terrell and Council recognized Council member Zito and Council member Wang for their service to the City of Southlake. Mayor Terrell, on behalf of Council, presented Council member Zito and Council member Wang with a framed photo of Town Hall and Key to the City and a plaque memorializing their service. City Manager Shana Yelverton, on behalf of City Staff, presented Council member Zito and Council member Wang with a memory box. Mayor Terrell advised that Council would recess their meeting to join guests in the foyer for a reception. Mayor Terrell announced that Council would adjourn to Executive Session immediately following the reception pursuant to the Texas Government Code, Section 551.071, consultation with attorney, Section 551.072, deliberation regarding real property. 5. DISCUSS ALL ITEMS ON TONIGHT'S MEETING AGENDA. NO ACTION WILL BE TAKEN AND EACH ITEM WILL BE CONSIDERED DURING THE REGULAR SESSION. Council discussed this item earlier in the evening. REGULAR SESSION: 1. CALL TO ORDER The Regular Session of the City Council was called to order by Mayor Terrell at 6:13 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. REGULAR CITY COUNCIL MEETING MINUTES, May 7, 2013 Page 2 of 7 Mayor Terrell recessed the meeting at 6:13 p.m. for a reception in the foyer for Council members Zito and Wang. City Council adjourned for Executive Session at 6:45 p.m. Executive Session began at 6:48 p.m. and concluded at 7:39 p.m. 2B. RECONVENE Mayor Terrell reconvened the meeting at 7:42 p.m. Mayor Terrell asked if any action was necessary from Executive Session. A motion was made to authorize staff to proceed with right of way acquisitions for White's Chapel parcels as discussed in executive session. 3. REPORTS 3A. MAYOR'S REPORT PROCLAMATION — CARROLL EMERALD BELLES Mayor Terrell presented Emerald Belle Director Melissa Page with a proclamation recognizing May 7, 2013 as Southlake Carroll Emerald Belles Drill Team Day. 3B. CITY MANAGER'S REPORT City Manager Shana Yelverton advised Council they were provided a copy of the City's quarterly financial review for the period ending March 31, 2013. 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 16, 2013 CITY COUNCIL MEETING. 4B. APPROVE PROFESSIONAL SERVICES AGREEMENT WITH NEEL- SCHAFFER, INC. FOR DESIGN OF PRESSURE PLANE INTERCONNECTION VALVES IN THE AMOUNT OF $64,240. 4C. APPROVE CONTRACT RENEWAL WITH REPUBLIC WASTE SERVICES OF TEXAS, LTD. FOR THE PROVISION OF COMMERCIAL AND RESIDENTIAL SOLID WASTE AND RECYCLING SERVICES. 4D. APPROVE AN AMENDMENT TO THE RESIDENTIAL DEVELOPER'S AGREEMENT WITH TERRA LAND MANAGEMENT FOR WINDING CREEK. 4E. APPROVE CITY OF SOUTHLAKE'S WEST NILE VIRUS ACTION PLAN. REGULAR CITY COUNCIL MEETING MINUTES, May 7, 2013 Page 3 of 7 4F. AUTHORIZE CITY MANAGER TO EXECUTE AN INTERLOCAL AGREEMENT WITH TARRANT COUNTY TO EXPAND AND MODIFY THE WEST NILE VIRUS SURVEILLANCE AND RESPONSE PROGRAM. 4G. APPROVE A RESIDENTIAL DEVELOPER AGREEMENT WITH K. HOVNANIAN HOMES FOR RIDGEVIEW AT SOUTHLAKE, PHASE I. 4H. APPROVE RESOLUTION NO. 13 -023, CLARIFYING DESIGNATION OF PUBLIC INFORMATION COORDINATOR. 41. CANCEL THE JULY 2, 2013 AND JULY 16, 2013 CITY COUNCIL MEETINGS. APPROVED A motion was made to approve the consent agenda as presented. Motion: Bledsoe Second: Muller 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. RESOLUTION NO. 13 -021 (ZA13 -032), SPECIFIC USE PERMIT TO ALLOW AN ACCESSORY BUILDING ENCLOSING EQUIPMENT OR ACTIVITIES IN CONJUNCTION WITH THE PERMITTED PRINCIPAL USE FOR TEXAS HEALTH SOUTHLAKE AND TO INCLUDE A REQUEST FOR A VARIANCE TO THE MASONRY ORDINANCE NO. 557-A, AS AMENDED, ON PROPERTY DESCRIBED AS LOT 1R2, BLOCK 1, GORBUTT ADDITION, AN ADDITION TO THE CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS LOCATED AT 1545 EAST SOUTHLAKE BOULEVARD, SOUTHLAKE, TEXAS. CURRENT ZONING: S -P -2 - GENERALIZED SITE PLAN DISTRICT. SPIN #8. PUBLIC HEARING. APPROVED Senior Director of Planning and Development Services Ken Baker presented item and was available to answer questions from Council. REGULAR CITY COUNCIL MEETING MINUTES, May 7, 2013 Page 4 of 7 Applicant representative Ron Roberts 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 Item 6A, ZA 13 -032, specific use permit for Harris Methodist Southlake noting the following: denying the requested masonry variance in Sections 45.16(d) and 45.16(h), Ordinance No. 480 and in lieu the applicant will comply with masonry zoning requirements; applicant will install protective bollards to ensure against vehicular damage; approval of variance to Section 45.16(i), Ordinance No. 480 — roof pitch design; masonry and roof will match the rest of the building; and pursuant to staff report dated May 1, 2013. Motion: Bledsoe Second: Muller Ayes: Bledsoe, Morris, Muller, Schelling, Terrell, Wang, Zito Approved: 7 -0 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. THIS ITEM INTENTIALLY LEFT BLANK 9B. CONSIDER SV13 -008, VARIANCE TO SIGN ORDINANCE NO. 704-F REGULATIONS FOR MATTRESS FIRM LOCATED AT 2645 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 Kirk Stateson responded to questions from Council. A motion was made to approve SV13 -008, variance to Sign Ordinance No. 704 -F, for the Mattress Firm located at 2645 East Southlake Boulevard noting the following: approving maximum letter height of 26 inches on the north elevation and the maximum area as a result of the variance for maximum letter height; allow a 14 -inch double stacked copy for maximum letter height on south elevation as a result of maximum area variance; and subject to applicant installing 8 -inch address numerals just above the main entry doorway (below the main Mattress Firm sign) on the north elevation. REGULAR CITY COUNCIL MEETING MINUTES, May 7, 2013 Page 5 of 7 Motion: Bledsoe Second: Zito Ayes: Bledsoe, Morris, Muller, Schelling, Terrell, Wang, Zito Approved: 7 -0 9C. CONSIDER MSP13 -005, MASTER SIGN PLAN FOR WINDING CREEK SUBDIVISION GENERALLY LOCATED SOUTH OF EAST SOUTHLAKE BOULEVARD AND WEST OF SOUTH CARROLL AVENUE AT 400, 480, 500 AND 540, SOUTH CARROLL AVENUE. APPROVED Senior Director of Planning and Development Services Ken Baker presented item and was available to answer questions from Council. Applicant representatives Paul Spain and Dave Baldwin were available to answer questions from Council. A motion was made to approve MSP13 -005, master sign plan for Winding Creek subdivision pursuant to staffs and applicant's presentation this evening and staff report dated May 1, 2013. Motion: Bledsoe Second: Zito Ayes: Bledsoe, Morris, Muller, Schelling, Terrell, Wang, Zito Approved: 7 -0 10. OTHER ITEMS FOR DISCUSSION: 10A. DISCUSS BAN ON TEXT1NG WHILE DRIVING Police Chief Steve Mylett presented Council with the results of staff's recent survey of Texas cities. A typical ordinance bans viewing or sending text messages while driving. Some municipalities also ban the use of cell phone applications while operating a motor vehicle. The survey showed that all ordinances allowed use of cell phone for texting or use of applications while vehicle is stopped or not in motion. Chief Mylett advised Council the ordinances provided for the use of cell phones if a GPS device is affixed to the vehicle. Council discussed the survey information provided by staff. The consensus of Council was to continue the discussion at a future meeting to allow input from the two newly elected officials. 11. MEETING ADJOURNED. REGULAR CITY COUNCIL MEETING MINUTES, May 7, 2013 Page 6 of 7 Mayor Terrell adjourned the meeting at 9:03 p.m. *An audio recording of this meeting will be permanently retained in the City Secretary's Office. 0 1 John errell Mayor ATTEST: ,,,,,,,,,,,,,,,, Cr . 1 iN 1b 4 ••• •? • � s �a City Secretary Cbe, REGULAR CITY COUNCIL MEETING MINUTES, May 7, 2013 Page 7 of 7