2014-01-21 0 CITY OF
SOUTH LAKE
TEXAS
REGULAR CITY COUNCIL MEETING MINUTES: JANUARY 21. 2014
LOCATION: 1400 Main Street, Southlake, Texas 76092
City Council Chambers
CITY COUNCIL PRESENT: Mayor John Terrell, Deputy Mayor Pro Tem Pamela Muller,
and Councilmembers, Carolyn Morris, Martin Schelling and Randy Williamson.
CITY COUNCIL ABSENT: Mayor Pro Tem Brandon Bledsoe and Councilmember Laura
Hill
STAFF PRESENT: City Manager Shana Yelverton, Assistant City Manager Ben
Thatcher, Assistant City Manager Alison Ortowski, Communication and Website
Manager Pilar Schank, Director of Community Services Chris Tribble, Chief Financial
Officer Sharen Jackson, Director of Human Resources Stacey Black, Interim Director of
Information Technology Greg Hendricks, Police Chief Steve Mylett, Senior Director of
Planning and Development Services Ken Baker, Director of Public Works Bob Price,
Deputy Director Cheryl Taylor, City Attorney E. Allen Taylor (present at 6:45 p.m.) and
City Secretary Alicia Richardson.
WORK SESSION:
1. CALL TO ORDER
The Work Session was called to order by Mayor Terrell at 5:40 p.m.
2. INVOCATION
Mr. Nick Billardello gave the invocation. Mayor Terrell led the pledge of allegiance to
the United States and Texas Flags.
3. LOCAL BUSINESS REPORT
Assistant City Manager Alison Ortowski introduced Ms. Shawna Lawyer with Markham
Fine Jewelers. Ms. Lawyer provided a description of the services provided, hours of
operation, and location of business.
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4. DISCUSS HOUSE BILL 259
City Secretary Alicia Richardson provided Council with an update regarding House Bill
259 that was passed during the 83 Legislative Session. Ms. Richardson informed
Council the bill amends two sections of the Texas Election Code 61.003 and 85.036
that pertain to electioneering and loitering near polling place. The bill requires an entity
that owns or control a public building used as a polling location to allow electioneering
on the building's premises as long as it is performed outside the 100 -foot electioneering
distance marker. House Bill 259 defines electioneering as the posting, use, or
distribution of political sign or literature. Ms. Richardson provided Council with an aerial
view of Town Hall to explain and show the areas that are within 100 -feet of an entrance
door to the building. Ms. Richardson also showed the limited areas located outside the
100 -foot distance marker where a person may electioneer on the building's premises.
Ms. Richardson informed Council that House Bill 259 does not prohibit the City from
enforcing the City's sign and park ordinances. The City will continue to prohibit signs
from being placed within public right -of -way and City parks.
Council discussed House Bill 259 and its applicability to Southlake Town Hall. Council
discussed the areas located outside the 100 -foot distance marker and how they are
limited and not conducive to placement of signage. Council also discussed the
importance of conveying to persons electioneering outside the 100 -foot distance marker
at Town Hall that they cannot impede the flow of pedestrian traffic. The consensus of
Council is to convey the message that based on research and the layout of Town Hall
there will not be areas available to post signage unless it is on their person.
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.
REGULAR SESSION:
1. CALL TO ORDER
The Regular Session of the City Council was called to order by Mayor Terrell at 6:01
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 city
attorney and Section 551.072, deliberation regarding real property. City Council
adjourned for Executive Session at 6:01 p.m. Executive Session began at 6:17 p.m.
and concluded at 7:07 p.m.
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2B. RECONVENE
Mayor Terrell reconvened the meeting at 7:09 p.m. Mayor Terrell asked if any action
was necessary from Executive Session.
3A. MAYOR'S REPORT
No report was given.
3B. CITY MANAGER'S REPORT
No report was given.
REGULAR AGENDA:
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 JANUARY 7, 2014 REGULAR CITY
COUNCIL MEETING.
4B. APPROVE FACILITIES UTILIZATION AGREEMENT WITH SOUTHLAKE
GIRLS SOFTBALL ASSOCIATION.
4C. APPROVE ABSENCES OF A PLANNING AND ZONING COMMISSIONER.
4D. TABLED ITEMS:
1. ORDINANCE 1079, (CP13 -004) 1 READING, LAND USE PLAN
AMENDMENT FROM LOW DENSITY RESIDENTIAL TO MEDIUM
DENSITY RESIDENTIAL FOR GLENMORE ADDITION, ON PROPERTY
DESCRIBED AS LOTS 1R1, AND 1R2, BLOCK 1, OWENS ADDITION,
AN ADDITION TO THE CITY OF SOUTHLAKE, TARRANT COUNTY,
TEXAS AND TRACTS 3H, 3H1, 3J, 3J1, 3J1A, 3J1B, 3J1C, 3J2,
LITTLEBERRY G. HALL SURVEY, ABSTRACT NO. 686, SOUTHLAKE,
TARRANT COUNTY, TEXAS, AND LOCATED AT 280 SHADY OAKS
DRIVE AND 800, 980, 1000, 1100, 1110, 1120 WEST SOUTHLAKE
BOULEVARD, SOUTHLAKE, TARRANT COUNTY, TEXAS. CURRENT
ZONING: "AG" AGRICULTURAL DISTRICT AND "SF -1A" SINGLE
FAMILY RESIDENTIAL DISTRICT. PROPOSED ZONING: "R -PUD"
RESIDENTIAL PLANNED UNIT DEVELOPMENT DISTRICT. SPIN #6.
2. ORDINANCE NO. 480 -649 (ZA13 -092), 1 READING, ZONING
CHANGE AND DEVELOPMENT PLAN FOR GLENMORE ADDITION
ON PROPERTY BEING DESCRIBED AS LOTS 1R1, AND 1R2, BLOCK
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1, OWENS ADDITION, AN ADDITION TO THE CITY OF SOUTHLAKE,
TARRANT COUNTY, TEXAS AND TRACTS 3H, 3H1, 3J, 3J1, 3J1A,
3J1B, 3J1C, 3J2, LITTLEBERRY G. HALL SURVEY, ABSTRACT NO.
686, SOUTHLAKE, TARRANT COUNTY, TEXAS AND BEING
• LOCATED AT 280 SHADY OAKS DRIVE AND 800, 980, 1000, 1100,
1110, 1120 W. SOUTHLAKE BOULEVARD, SOUTHLAKE, TEXAS.
CURRENT ZONING: "AG" AGRICULTURAL DISTRICT AND "SF -1A"
SINGLE FAMILY RESIDENTIAL DISTRICT. PROPOSED ZONING: "R-
PUD" RESIDENTIAL PLANNED UNIT DEVELOPMENT DISTRICT. SPIN
#6.
3. ORDINANCE 1082, (CP13 -009) 1 ST READING, LAND USE PLAN
AMENDMENT FROM LOW DENSITY RESIDENTIAL TO MEDIUM
DENSITY RESIDENTIAL FOR REMINGTON ESTATES ON PROPERTY
BEING DESCRIBED AS LOT 1, GREG'S COUNTRY ACRES ADDITION,
AND TRACTS 2A2 AND 2A1 OF THE S. FREEMAN SURVEY
ABSTRACT NO. 525, CITY OF SOUTHLAKE, TARRANT COUNTY,
TEXAS, LOCATED AT 395, 405 AND 413 SHADY LANE, SOUTHLAKE,
TEXAS. CURRENT ZONING: "AG" AGRICULTURAL DISTRICT AND
"SF -1A" SINGLE FAMILY RESIDENTIAL DISTRICT. PROPOSED
ZONING: "R -PUD" RESIDENTIAL PLANNED UNIT DEVELOPMENT
DISTRICT. SPIN #4.
4. ORDINANCE NO. 480 -656, (ZA13 -134) 1 ST READING, ZONING
CHANGE AND DEVELOPMENT PLAN FOR REMINGTON ESTATES
ON PROPERTY BEING DESCRIBED AS LOT 1, GREG'S COUNTRY
ACRES ADDITION, AND TRACTS 2A2 AND 2A1 OF THE S. FREEMAN
SURVEY ABSTRACT NO. 525, CITY OF SOUTHLAKE, TARRANT
COUNTY, TEXAS, LOCATED AT 395, 405 AND 413 SHADY LANE,
SOUTHLAKE, TEXAS. CURRENT ZONING: "AG" AGRICULTURAL
DISTRICT AND "SF -1A" SINGLE FAMILY RESIDENTIAL DISTRICT.
PROPOSED ZONING: "R -PUD" RESIDENTIAL PLANNED UNIT
DEVELOPMENT DISTRICT. SPIN #4.
5. ORDINANCE NO. 480 -657 (ZA13 -135) 1 ST READING, ZONING
CHANGE AND CONCEPT /SITE PLAN FOR KIMBALL PARK ON
PROPERTY DESCRIBED AS TRACTS 3A1A AND 3A2A, THOMAS
MAHAN SURVEY, ABSTRACT NO. 1049, CITY OF SOUTHLAKE,
TARRANT COUNTY, TEXAS AND LOCATED AT 400 AND 470 NORTH
KIMBALL AVENUE, SOUTHLAKE, TEXAS. CURRENT ZONING: S -P -2
GENERALIZED SITE PLAN DISTRICT. PROPOSED ZONING: S -P -2
GENERALIZED SITE PLAN DISTRICT. SPIN #4.
APPROVED
Mayor Terrell recommended that item 9A— travel request of Deputy Mayor Pro Tem
Muller be moved to the consent agenda. There was no objection from Council.
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A motion was made to approve the consent agenda as presented to include item 9A.
Motion: Muller
Second: Morris
Ayes: Morris, Muller, Schelling, Terrell, Williamson
Approved: 5 -0
5. PUBLIC FORUM
Mayor Terrell opened the public forum. There being no one wishing to speak, Mayor
Terrell closed the public forum.
6. ORDINANCES, SECOND READINGS, PUBLIC HEARINGS, AND RELATED
ITEMS:
6A. RESOLUTION 13-052 (ZA13 -129), SPECIFIC USE PERMIT FOR A MASS
GATHERING EVENT KNOWN AS GREEN FEST SOUTHLAKE ON
PROPERTY BEING DESCRIBED AS BLOCKS 7 AND 8, AND ADJACENT
RIGHTS OF WAY, SOUTHLAKE TOWN SQUARE, PHASE I, AN ADDITION
TO THE CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS AND LOCATED
AT 1400 FOUNTAIN PLACE AND 1400 EAST SOUTHLAKE BOULEVARD,
SOUTHLAKE, TEXAS. CURRENT ZONING: "DT" DOWNTOWN 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.
Applicant representative Audra Lewandowski presented request and provided Council
with details of the upcoming event. Ms. Lewandowski informed Council that Green Fest
Southlake is partnering with Bob Jones Nature Center for their event.
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 13 -052 (ZA13 -129), specific use permit for a
mass gathering event known as Green Fest Southlake to include the following:
• Event is planned to be held on Saturday, March 29, 2014 from 10 a.m. to 5
p.m. (set up time 8 a.m.);
• There will be up to forty -two (42) tents and /or exhibit booths set up in the
Rustin Park area and Fountain Place;
• Automobiles — they may have hybrid vehicles on display along Fountain Place
for the day;
• Bounce houses in place of the title sponsor tent areas (tentative);
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• Exhibitors will have the option to sell products;
• Requesting approval of Specific Use Permit for up to five (5) years, unless the
scope of the event changes;
• Sign proposal that includes 44 signs - 24 -inch by 24 -inch placed at various
locations throughout the City six days prior to the event date for promotional
purpose; and
• Subject to staff report dated January 8, 2014.
Motion: Muller
Second: Morris
Ayes: Morris, Muller, Schelling, Terrell, Williamson
Approved: 5 -0
In accordance with Section 4.21 of the City Charter, the caption for this item is listed as
follows:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS,
GRANTING A SPECIFIC USE PERMIT FOR A MASS GATHERING EVENT FOR
SOUTHLAKE GREEN FEST EVENT ON PROPERTY LOCATED AT 1400 FOUNTAIN
PLACE AND 1400 E SOUTHLAKE BOULEVARD BEING LEGALLY DESCRIBED AS
BLOCKS 7 AND 8, AND ADJACENT RIGHT -OF -WAY, SOUTHLAKE TOWN SQUARE,
PHASE I, MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A ", AND AS
DEPICTED ON THE APPROVED SITE PLAN ATTACHED HERETO AND
INCORPORATED HEREIN AS EXHIBIT "B" AND PROVIDING AN EFFECTIVE DATE.
7. ORDINANCES, FIRST READINGS, AND RELATED ITEMS:
7A. THIS ITEM WAS INTENTIONALLY LEFT BLANK.
7B. ORDINANCE NO. 480 -PPPP, 1 READING, AN AMENDMENT TO THE
COMPREHENSIVE ZONING ORDINANCE NO. 480, AS AMENDED, AS IT
PERTAINS TO PRIVATE STABLES, INCLUDING THE BOARDING OF
HORSES IN AREAS OTHER THAN THE AGRICULTURAL DISTRICT FOR
THE KEEPING OF GRAZING ANIMALS. (IF APPROVED, THE PUBLIC
HEARING WILL BE HELD ON FEBRUARY 4, 2014.)
APPROVED
Senior Director of Planning and Development Services Ken Baker presented item and
was available to answer questions from Council. Mr. Baker advised Council this is a
companion item to 7C— Ordinance No. 1069. The purpose of Ordinance No. 480 -
PPPP, is to address the functionality of the minimum space requirements for grazing of
animals within residential districts; the inclusion of Single Family 20 -A and B zoning
districts for land areas greater than one acre in size; and removing nuisance language
that will be incorporated in the animal control ordinance.
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Mayor Terrell advised Council that staff would present item 7C— Ordinance No. 1069,
which would be followed by Council discussion and taking separate action on each item.
Police Chief Steve Mylett presented item and was available to answer questions from
Council. The proposed ordinance is coming forward as the result of the agreement
entered into by Colleyville, Keller and Southlake to consolidate animal control services.
Mr. Mylett advised Council the proposed ordinance had several renditions and the
proposed ordinance for Council's consideration provides clear language based on state
law and best practices and delineates responsibilities, limitations and prohibitions
pertaining to the caring, keeping and maintenance of animals, insects, fowl and reptiles.
The proposed ordinance changes the holding period for impounded animals from seven
(7) to three (3) days, with limited exceptions and provides a fee schedule for the
following: animal removal from private traps, replacement tag, microchip implanting,
adoption, daily impound, pick up impound, quarantine, surrender fee, euthanasia, exotic
pet, dead animal removal and registration of dangerous dog. Mr. Mylett informed
Council that staff received public comment at the August 12, 2013 SPIN meeting.
Based on feedback at this meeting the proposed animal registration fees were
eliminated from the ordinance. Mr. Mylett introduced Captain Michael Wilson with the
City of Keller who was present to answer questions related to the proposed ordinance.
Council and staff discussed the proposed ordinance. Council provided comments on
the following and asked staff to research and address prior to second reading of the
ordinance: removing limit on number of fowls; mechanism to determine if the number of
fowls is a nuisance; animals in residential areas - limitations; public nuisances specific to
the feeding and watering of stray animals; are registration tags required if animal is
micro chipped; the shortened length of time animals are maintained at center before
being eligible for adoption; including pictures of animals on the Animal Center's website;
criteria for citizen to maintain a prohibited animal; add definition language for traps
(placed in shade); vaccination requirement of elderly animals; and additional language
or definition for micro chipping.
Mayor Terrell recessed the meeting at 8:46 p.m.
Mayor Terrell convened the meeting at 9:00 p.m.
A motion was made to approve Ordinance No. 480 -PPPP, an amendment to the
Comprehensive Zoning Ordinance No. 480, as amended, as it pertains to private
stables, including the boarding of horses in areas other than the agricultural district for
the keeping of grazing animals.
Motion: Muller
Second: Morris
Ayes: Morris, Muller, Schelling, Terrell, Williamson
Approved: 5 -0
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7C. ORDINANCE NO. 1069, 1 READING, AN AMENDMENT TO THE
SOUTHLAKE CODE OF ORDINANCE, SUBPART A, GENERAL
ORDINANCES, CHAPTER 4 "ANIMALS ", ARTICLE 1, 11, III, AND REPEALING
ORDINANCE NO. 530 -A AND ORDINANCE NO. 530 -B AS IT PERTAINS TO
THE KEEPING OF ANIMALS. (IF APPROVED, THE PUBLIC HEARING WILL
BE HELD ON FEBRUARY 4, 2014.)
APPROVED
This item was discussed in conjunction with item 7B.
Mayor Terrell announced the public hearing would be conducted on February 4, 2014,
but would allow anyone present in the audience to speak on the item.
Ms. Lisa Stokdyk, 720 North Peytonville, commented on the proposed ordinance.
Mr. Edward Roach, 1319 Westmont Court, commented on the proposed ordinance.
Mayor Pro Tem Muller advised that she would forward her comments to Police Chief
Mylett.
Council member Williamson expressed his concern with the three -day period for
impoundment of animals. He commented that he liked Mr. Roach's suggestion to
incorporate language for additional time in shelter if an animal is registered with the
Animal Center.
Council member Morris expressed that she would like to see pictures of lost and found
animals placed on the Animal Shelter's website; an increase in time that animals are
retained at the center and flexibility in the number of indoor pets.
A motion was made to approve Ordinance No. 1069, an amendment to the Southlake
Code of Ordinance, Subpart A, General Ordinances, Chapter 4 "Animals ", Article I, II,
III, and repealing Ordinance No. 530 -A and Ordinance No. 530 -B as it pertains to the
keeping of animals and to have staff investigate issues discussed by Council.
Motion: Muller
Second: Schelling
Ayes: Morris, Muller, Schelling, Terrell, Williamson
Approved: 5 -0
8. RESOLUTIONS: (THERE ARE NO ITEMS ON THIS AGENDA)
9. OTHER ITEMS FOR CONSIDERATION:
9A. CONSIDER TRAVEL REQUEST OF DEPUTY MAYOR PRO TEM MULLER TO
ATTEND THE NATIONAL LEAGUE OF CITIES CONGRESSIONAL CITY
CONFERENCE IN WASHINGTON, D.C. - MARCH 8 -12, 2014.
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Page 8 of 10
APPROVED
This item was approved with the consent agenda.
Mayor Terrell moved to item 9C.
9C. CONSIDER SV14 -001, VARIANCE TO SIGN ORDINANCE NO. 704, AS
AMENDED, FOR SILVER RIDGE ASSISTED LIVING FACILITY LOCATED AT
2001 EAST KIRKWOOD BOULEVARD, SOUTHLAKE, TEXAS.
APPROVED
Senior Director of Planning and Development Services Ken Baker presented item and
was available to answer questions from Council.
Applicant representative David Keener presented request and was available to answer
questions from Council.
A motion was made to approve SV14 -001, variance to Sign Ordinance No. 704, as
amended, for Silver Ridge Assisted Living Facility as proposed in the packet.
Motion: Muller
Second: Morris
Ayes: Morris, Muller, Schelling, Terrell, Williamson
Approved: 5 -0
Mayor Terrell moved to item 9B.
9B. DISCUSSION OF THE RETAIL ANALYSIS STUDY REQUESTS FOR
QUALIFICATION SUBMISSIONS RECEIVED AND SELECTION OF
CONSULTING FIRMS TO INTERVIEW FOR THE PREPARATION OF THE
STUDY.
APPROVED
Senior Director of Planning and Development Services Ken Baker informed Council this
item was placed on the agenda at the request of Council. Staff has received four
submissions for the retail analysis study. A copy of the submittals has been provided to
Council for their review. Staff is recommending the City interview all firms that provided
a submittal. At the direction provided at the last meeting, Mayor Terrell and Council
member Schelling will assist staff in the interview process. Staff will bring forward a
recommendation to Council.
9C. CONSIDER SV14 -001, VARIANCE TO SIGN ORDINANCE NO. 704, AS
AMENDED, FOR SILVER RIDGE ASSISTED LIVING FACILITY LOCATED AT
2001 EAST KIRKWOOD BOULEVARD, SOUTHLAKE, TEXAS.
APPROVED
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This item was discussed earlier in the meeting.
10. OTHER ITEMS FOR DISCUSSION: (THERE ARE NO ITEMS ON THIS
AGENDA)
11. MEETING ADJOURNED.
Mayor Terrell adjourned the meeting at 9:32 p.m.
*An audio recording of this meeting will be permanently retained in the City Secretary's
Office.
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John C. Terrell
Mayor
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REGULAR CITY COUNCIL MEETING MINUTES, JANUARY 21, 2014
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