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Item 4AlugCITY OF SOUTHLAK.-E 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 Tern Pamela Muller, and Councilmembers, Carolyn Morris, Martin Schelling and Randy Williamson. CITY COUNCIL ABSENT: Mayor Pro Tern 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. REGULAR CITY COUNCIL MEETING MINUTES, JANUARY 21, 2014 Page 1 of 10 4. DISCUSS HOUSE BILL 259 City Secretary Alicia Richardson provided Council with an update regarding House Bill 259 that was passed during the 83rd 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. REGULAR CITY COUNCIL MEETING MINUTES, JANUARY 21, 2014 Page 2 of 10 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) 1ST 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, 31-11, 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), 1ST READING, ZONING CHANGE AND DEVELOPMENT PLAN FOR GLENMORE ADDITION ON PROPERTY BEING DESCRIBED AS LOTS 1 R1, AND 1 R2, BLOCK REGULAR CITY COUNCIL MEETING MINUTES, JANUARY 21, 2014 Page 3 of 10 1, OWENS ADDITION, AN ADDITION TO THE CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS AND TRACTS 3H, 31-11, 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) 1ST 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) 1ST 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) 1ST 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 Tern Muller be moved to the consent agenda. There was no objection from Council. REGULAR CITY COUNCIL MEETING MINUTES, JANUARY 21, 2014 Page 4of10 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); REGULAR CITY COUNCIL MEETING MINUTES, JANUARY 21, 2014 Page 5 of 10 • 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, 1ST 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. REGULAR CITY COUNCIL MEETING MINUTES, JANUARY 21, 2014 Page 6 of 10 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 REGULAR CITY COUNCIL MEETING MINUTES, JANUARY 21, 2014 Page 7 of 10 7C. ORDINANCE NO. 1069, 1ST READING, 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. (IF APPROVED, THE PUBLIC HEARING WILL BE HELD ON FEBRUARY 4, 2014.) OPPPOVFn This item was discussed in conjunction with item 713. 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 Tern 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. REGULAR CITY COUNCIL MEETING MINUTES, JANUARY 21, 2014 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. OPPPOVFn 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 REGULAR CITY COUNCIL MEETING MINUTES, JANUARY 21, 2014 Page 9 of 10 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. John C. Terrell Mayor ATTEST: Alicia Richardson, TRMC City Secretary REGULAR CITY COUNCIL MEETING MINUTES, JANUARY 21, 2014 Page 10 of 10