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2014-05-06 gi CITY OF SOUTHLAKE TEXAS REGULAR CITY COUNCIL MEETING MINUTES: May 6, 2014 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 Laura Hill, Carolyn Morris, Martin Schelling and Randy Williamson. CITY COUNCIL ABSENT: None STAFF PRESENT: City Manager Shana Yelverton, Assistant City Manager Alison Ortowski, Communication and Website Manager Pilar Schank, Assistant to the City Manager Caroline Eckel, Chief Financial Officer Sharen Jackson, Director of Community Services Chris Tribble, Deputy Director of Community Services Candice Edmondson, Fire Chief Mike Starr, 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 of Public Works Cheryl Taylor, City Attorney E. Allen Taylor (present at 5:36 p.m.) and City Secretary Alicia Richardson. WORK SESSION: 1. CALL TO ORDER The Work Session was called to order by Mayor Terrell at 5:33 p.m. 2. INVOCATION Mr. Clayton Reed 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 William Cummins with Wellness First Chiropractic & Family Wellness. Mr. Cummins provided a description of the services provided, hours of operation, and location of business. 4. PUBLIC SAFETY PRESENTATIONS REGULAR CITY COUNCIL MEETING MINUTES, MAY 6, 2014 Page 1 of 16 4A. STORMREADY CERTIFICATION Warning Coordination Meteorologist Mark Fox with Fort Worth National Weather Service recognized and presented Mayor Terrell with the City's certification and sign that designates Southlake as a stormready city. 4B. POLICE MEMORIAL WEEK Mayor Terrell recognized and presented Police Chief Mylett with a proclamation that proclaimed the week of May 11 -17, 2014 as Police Memorial Week. Mayor Terrell, on behalf of the City Council, expressed gratitude to all Southlake Police Officers for the wonderful job they do protecting and serving the City. 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 reviewed the consent agenda items. Deputy Mayor Pro Tem Muller removed item 4K —SV14 -006, variance to Sign Ordinance No. 704 -F for Del Frisco's Grille —from the consent agenda. REGULAR SESSION: 1. CALL TO ORDER The Regular Session of the City Council was called to order by Mayor Terrell at 6:00 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, Section 551.072, deliberation regarding real property and Section 551.087, deliberation regarding economic development negotiations. City Council adjourned for Executive Session at 6:01 p.m. Executive Session began at 6:14 p.m. and concluded at 7:04 p.m. 2B. RECONVENE Mayor Terrell reconvened the meeting at 7:17 p.m. Mayor Terrell asked if any action was necessary from Executive Session. There was no action necessary as a result of Executive Session. REGULAR CITY COUNCIL MEETING MINUTES, MAY 6, 2014 Page 2 of 16 3A. MAYOR'S REPORT 3A1. PROCLAMATION — MOTORCYCLE SAFETY AND AWARENESS MONTH Mayor Terrell recognized and presented a proclamation to Vice President Corey Reid of the Patriots Motorcycle Club proclaiming the month of May as motorcycle safety and awareness month in Southlake. 3A2. PROCLAMATION — SOUTHLAKE CARROLL DEBATE TEAM Mayor Terrell recognized and presented a proclamation to Carroll Senior High School Debate Coach Diane Forbes proclaiming May 6, 2014 as Carroll Speech and Debate Team Day in Southlake. Mayor Terrell also recognized Southlake Carroll Debate Team member Daniella Cohen for wining state Championship in Congressional Debate. Mayor Terrell presented Miss. Cohen with a proclamation proclaiming May 6, 2014 as Daniella Cohen Day in Southlake. 3A3. HONORING DICK MCCAULEY, FORMER SOUTHLAKE CITY SECRETARY Mayor Terrell announced that current Chairman Dick McCauley of the Senior Citizen's Advisory Committee passed away. Mr. McCauley served the City of Southlake In various volunteer posts. He was the past- chairman for the CARS organization and helped found the Southlake Senior Funding, Inc. 3B. CITY MANAGER'S REPORT 3B1. FIRE DEPARTMENT RECOGNITION 3B1A. ISO RATING Fire Chief Mike Starr announced that the Fire Department received notice from the Texas Department of Insurance and State Fire Marshall's Office that Southlake's Public Protection Classification was lowered from a Class 4 to a Class 1. Chief Starr advised that the new rating, effective September 1, 2014 could result in a cost savings to residents and business owners. 3B1 B. AMERICAN HEART ASSOCIATION AWARD Fire Chief Mike Starr announced that the Fire Department was awarded the 2014 Mission Lifeline EMS Bronze level recognition award by the American Heart Association. REGULAR CITY COUNCIL MEETING MINUTES, MAY 6, 2014 Page 3 of 16 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 APRIL 15, 2014 REGULAR CITY COUNCIL MEETING. 4B. APPROVE LOCAL PROJECT ADVANCE FUNDING AGREEMENT (LPAFA) WITH THE TEXAS DEPARTMENT OF TRANSPORTATION (TXDOT) FOR TOWER BOULEVARD SIGNAL. 4C. APPROVE ANNUAL PURCHASING AGREEMENT WITH STRIPE -A -ZONE, INC. IN AN AMOUNT NOT TO EXCEED $130,000. 4D. THIS ITEM INTENTIONALLY LEFT BALNK. 4E. RESOLUTION NO. 14 -014, AMENDING THE FEE SCHEDULE. In accordance with Section 4.21 of the City Charter, the caption for this item is listed as follows: A RESOLUTION OF THE CITY OF • SOUTHLAKE, TEXAS, AMENDING RESOLUTIONS NO. 99 -57; PROVIDING THAT THIS RESOLUTION SHALL BE CUMULATIVE OF ALL PROVISIONS OF RESOLUTION NO. 97- 59;94 -46, NO. 94 -61, NO. 95 -05, NO. 95 -34, NO. 95 -50, NO. 96 -57, NO. 97 -50, NO. 97 -59, NO. 99 -07; NO. 01 -149; NO. 06 -016; NO. 08 -013, NO. 09 -058, NO. 10 -052; NO. 11 -046; NO. 11 -050; 12 -044; 13 -035 AND PROVIDING AN EFFECTIVE DATE. 4F. APPROVE PERMIT TO ALLOW AN ART GALLERY RECEPTION ON SEPTEMBER 7, 2014 AND AN ART EXHIBIT SEPTEMBER 7 — OCTOBER 17, 2014 IN THE TOWN HALL LOBBY. 4G. APPROVE PERMIT TO ALLOW AN ART GALLERY RECEPTION FEBRUARY 22, 2015 AND AN ART EXHIBIT FEBRUARY 22 — APRIL 26, 2015 IN THE TOWN HALL LOBBY. 4H. APPROVE PERMIT FOR CISD ART EXHIBIT APRIL 24— 26, 2015 IN TOWN HALL IN CONJUNCTION WITH THE ART IN THE SQUARE FESTIVAL. 41. RESOLUTION NO. 14 -016, A RESOLUTION OF THE CITY OF SOUTHLAKE, TEXAS, APPROVING THE TERMS AND CONDITIONS OF A PROGRAM TO PROMOTE ECONOMIC DEVELOPMENT AND STIMULATE BUSINESS AND COMMERCIAL ACTIVITY IN THE CITY; AUTHORIZING THE MAYOR TO EXECUTE AN AMENDED AGREEMENT WITH HINES SOUTHLAKE LAND REGULAR CITY COUNCIL MEETING MINUTES, MAY 6, 2014 Page 4 of 16 LIMITED PARTNERSHIP, A TEXAS LIMITED PARTNERSHIP, FOR SUCH PURPOSES; AND PROVIDING AN EFFECTIVE DATE. In accordance with Section 4.21 of the City Charter, the caption for this item is listed as follows: A RESOLUTION OF THE CITY OF SOUTHLAKE, TEXAS, APPROVING THE TERMS AND CONDITIONS OF A PROGRAM TO PROMOTE ECONOMIC DEVELOPMENT AND STIMULATE BUSINESS AND COMMERCIAL ACTIVITY IN THE CITY; AUTHORIZING THE MAYOR TO EXECUTE AN AMENDED AGREEMENT WITH HINES SOUTHLAKE LAND LIMITED PARTNERSHIP, A TEXAS LIMITED PARTNERSHIP, FOR SUCH PURPOSES; AND PROVIDING AN EFFECTIVE DATE. 4J. ORDINANCE NO. 480 -663 (ZA14 -018), 1ST READING, ZONING CHANGE AND CONCEPT PLAN FOR 1711 MARANATHA WAY ON PROPERTY DESCRIBED AS TRACTS 1A AND 1A5, WILLIAM WINN SURVEY, ABSTRACT NO. 1660, CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS, AND LOCATED AT 1711 MARANATHA WAY, SOUTHLAKE, TEXAS. CURRENT ZONING: "AG" AGRICULTURAL DISTRICT. REQUESTED ZONING: "SF -1A" SINGLE FAMILY RESIDENTIAL DISTRICT. SPIN #5. (IF APPROVED, THE PUBLIC HEARING WILL BE HELD ON MAY 20, 2014.) 4K. ITEM REMOVED FROM THE CONSENT AGENDA. 4L. TABLED ITEMS: 1. ORDINANCE NO. 480 -664 (ZA14 -031), 1ST READING, ZONING CHANGE AND SITE PLAN FOR AVANTI AT SOUTHLAKE ON PROPERTY DESCRIBED LOTS 2 AND 3, MEADOW OAKS ADDITION, AN ADDITION TO THE CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS, AND LOCATED AT 395 AND 405 SOUTH KIMBALL AVENUE, SOUTHLAKE, TEXAS. CURRENT ZONING: "SF- 1A" SINGLE FAMILY RESIDENTIAL DISTRICT. REQUESTED ZONING: "S -P- 1" DETAILED SITE PLAN DISTRICT. SPIN #8. (AT THE REQUEST OF THE APPLICANT THIS ITEM IS TABLED TO THE MAY 20, 2014 CITY COUNCIL MEETING. IF APPROVED THE PUBLIC HEARING WILL BE ON JUNE 3, 2014.) 2. APPROVE AMENDMENT NO. 1 OF THE COMMERCIAL DEVELOPER AGREEMENT WITH EXCEL SOUTHLAKE, LLC FOR PARK VILLAGE LOT 1, BLOCK 1, AND LOT 1, BLOCK 2. (THIS ITEM HAS BEEN TABLED TO THE MAY 20, 2014 CITY COUNCIL MEETING.) APPROVED A motion was made to approve the consent agenda as discussed to move item 4K to the regular agenda and noting for item 4J the approval of requested variance to Subdivision Ordinance No. 483 to allow lot to front Maranatha Way. REGULAR CITY COUNCIL MEETING MINUTES, MAY 6, 2014 Page 5 of 16 Motion: Bledsoe Second: Muller Ayes: Bledsoe, Hill, Morris, Muller, Schelling, Terrell, Williamson Approved: 7 -0 4K. SV14 -006, VARIANCE TO SIGN ORDINANCE NO. 704 -F FOR DEL FRISCO'S GRILLE LOCATED AT 1200 EAST SOUTHLAKE BOULEVARD, SOUTHLAKE, TEXAS. APPROVED Senior Director of Planning and Development Services Ken Baker presented item and was available to answer questions from Council. Council member Hill commented on the request and the possibility of additional requests coming before Council to consider patio lights for businesses. Senior Director of Planning and Development Services Ken Baker advised Council that staff is working on an update for the sign ordinance. Mr. Baker commented if it is Council's direction for staff to address patio lights this could be accomplished with the update staff is bringing forward for consideration by Council. He suggested language to permit a certain type of colored lights and certain level of intensity to prevent glare can be included in the ordinance if that is the direction of Council. Council members Williamson and Morris commented that patio lights were previously discussed and that Council would consider requests on a case -by -case basis. Council member Williamson agrees that the City will see an increase in requests for the use of patio lights. Deputy Mayor Pro Tem Muller commented on the maintenance of patio lights and requirement to replace bulbs and if a time limit should be considered for the use of patio lights in the event an alternate location for lights is identified that is different from tonight's presentation. Mayor Terrell commented that there is too much of an unknown where patio lights are requested to be placed by right. City Attorney Allen Taylor advised Council that requests of this nature are variances and would not create an automatic precedent. Mr. Taylor further advised that there has to be an explanation how one request is different from another. Applicant representative Rick Matthews presented item and was available to respond to questions from Council. Mayor Terrell asked Mr. Matthews if Del Frisco's can provide an alternate type of lighting for the first floor. REGULAR CITY COUNCIL MEETING MINUTES, MAY 6, 2014 Page 6 of 16 Council member Schelling asked if staff could compose rationale for patio lighting that will work for the City of Southlake and be administered by City staff. He inquired if there would be any merit to placing a time limit on tonight's request for a certain number of days and ask staff to research methodologies of regulating patio lights to address a health /safety issue. He prefers to structure process so City staff can administratively address the variances for patio lighting. Mayor Terrell asked City Attorney Allen Taylor if the City could place a moratorium on future variance requests to the sign ordinance for outdoor patio string lights. Mr. Taylor advised Council they can direct staff to: (1) proceed with reviewing amendatory language to address outdoor patio string lights; (2) ensure no permits in the electrical inspection area are issued for this type of lighting while staff prepares the amendments for presentation to the Planning and Zoning Commission and City Council; and (3) instruct staff to defer enforcement on this particular property until Council has had the opportunity to act on the amendments whether that be to accept, reject or modify. A motion was made to approve SV14 -006, for a period up to 150 days and during such time staff will be proceeding per the recommendations regarding string lights in areas throughout the city; noting that the light specifications including the applicant's application are discussed more fully in detail in the staff report dated April 30, 2014. Motion: Bledsoe Second: Williamson Ayes: Bledsoe, Hill, Morris, Schelling, Terrell, Williamson Nays: Muller Approved: 6 -1 5. PUBLIC FORUM Mayor Terrell opened the public forum. Mr. Vic Awtry, 775 Lakewood, was present to see if Council would be considering the traffic signal at Carroll Avenue and Federal Way. He mentioned that residents who live on Foxborough Lane, Southview Trail, and Lakewood Drive were interested to speak in opposition and express their concern with the item. Director of Public Works Bob Price commented that Council considered a change order for the traffic signal at North Carroll Avenue and Federal Way at their April 15, 2014 City Council meeting. There being no one else wishing to speak, Mayor Terrell closed the public forum. 6. ORDINANCES, SECOND READINGS, PUBLIC HEARINGS, AND RELATED ITEMS: REGULAR CITY COUNCIL MEETING MINUTES, MAY 6, 2014 Page 7 of 16 6A. RESOLUTION NO. 14 -011 (ZA14 -014), SPECIFIC USE PERMIT FOR CARROLL ISD CLOTHING DONATION BIN AT DURHAM INTERMEDIATE SCHOOL ON PROPERTY BEING DESCRIBED AS LOT 1, BLOCK 1, CARROLL ISD #1 ADDITION, AN ADDITION TO THE CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS AND LOCATED AT 801 SHADY OAKS DRIVE, SOUTHLAKE, TEXAS. CURRENT ZONING: CS" COMMUNITY SERVICE DISTRICT. SPIN #7. PUBLIC HEARING APPROVED Senior Director of Planning Development Services Ken Baker presented items 6A and 6B and was available to answer questions from Council. Carroll Independent School District Assistant Superintendent Matt Miller presented request and was available to answer questions from Council. World Wear Project, LLC representative Eileen Birnbaum informed Council World Wear Project is a shoes and clothing recycling organization that has been in business four (4) years and their parent company for twenty (20) years. Ms. Birnbaum informed Council that World Wear Project recycled 55 million pounds of shoes and clothing. 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. Council member Morris expressed her concern with the bins and the safety of the children. A motion was made to approve Resolution No. 14 -011, specific use permit for Carroll ISD for a clothing donation bin at Durham Intermediate School noting that approval of the special use permit is for a period of one year. Motion: Bledsoe Second: Muller Ayes: Bledsoe, Hill, Muller, Schelling, Terrell, Williamson Nays: Morris Approved: 6 -1 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 CLOTHING DONATION BIN ON PROPERTY WITHIN THE CITY OF SOUTHLAKE, TEXAS, LOCATED AT 801 SHADY OAKS DRIVE, BEING DESCRIBED AS LOT 1, BLOCK 1, CARROLL ISD #1 ADDITION AS DEPICTED ON THE APPROVED SITE EXHIBIT ATTACHED HERETO REGULAR CITY COUNCIL MEETING MINUTES, MAY 6, 2014 Page 8 of 16 AND INCORPORATED HEREIN AS EXHIBIT "A" AND PROVIDING AN EFFECTIVE DATE. 6B. RESOLUTION NO. 14 -012 (ZA14 -025) SPECIFIC USE PERMIT FOR CARROLL ISD CLOTHING DONATION BIN AT OLD UNION ELEMENTARY SCHOOL ON PROPERTY BEING DESCRIBED AS LOT 1, BLOCK 1, CARROLL ISD #5 ADDITION, AN ADDITION TO THE CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS AND LOCATED AT 1050 SOUTH CARROLL AVENUE, SOUTHLAKE, TEXAS. CURRENT ZONING: "RPUD" RESIDENTIAL PLANNED UNIT DEVELOPMENT DISTRICT. SPIN #8. PUBLIC HEARING APPROVED This item was presented in conjunction with item 6A. 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 No. 14 -012, specific use permit for Carroll ISD for a clothing donation bin at Old Union Elementary School for a period of one year. Motion: Bledsoe Second: Muller Ayes: Bledsoe, Hill, Muller, Schelling, Terrell, Williamson Nays: Morris Approved: 6 -1 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 CLOTHING DONATION BIN ON PROPERTY WITHIN THE CITY OF SOUTHLAKE, TEXAS, LOCATED AT 1050 S. CARROLL AVENUE, BEING DESCRIBED AS LOT 1, BLOCK 1, CARROLL ISD #5 ADDITION AS DEPICTED ON THE APPROVED SITE EXHIBIT ATTACHED HERETO AND INCORPORATED HEREIN AS EXHIBIT "A" AND PROVIDING AN EFFECTIVE DATE. 6C. ZA14 -038 SITE PLAN FOR ABUNDANT GRACE CHURCH ON PROPERTY DESCRIBED AS TRACT 1B2, FRANCIS THROOP SURVEY, ABSTRACT NO. 1511, CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS, AND LOCATED AT 1970 EAST DOVE ROAD, SOUTHLAKE, TEXAS. CURRENT ZONING: "CS" COMMUNITY SERVICE DISTRICT. SPIN #4. PUBLIC HEARING APPROVED REGULAR CITY COUNCIL MEETING MINUTES, MAY 6, 2014 Page 9 of 16 Senior Director of Planning and Development Services Ken Baker presented item and was available to answer questions from Council. At the request of Mayor Terrell, City Attorney Allen Taylor provided historical background regarding the request. Mr. Taylor advised this site plan is seeking two variances. The property was initially developed in the early 1970s as a church facility and the Zoning Ordinance that existed in the 1970s reflected the zoning classification of appropriate for a church or meeting facility. Subsequently, the City of Southlake adopted Ordinance No. 480, the current Master Zoning Ordinance and accompanying zoning map. This property was identified in the zoning map and land use plan that supported it as CS- Community Service District by use designation. It permits as a vested right, the development, operation, and use of church facilities, meeting facilities, and school facilities either public or private. Mayor Terrell asked Mr. Taylor to speak to the concerns raised at the Planning and Zoning Commission regarding sanitary sewer and side access drive. Mr. Taylor advised the concern at the Planning and Zoning Commission was the adequacy of septic tank support for the project. The applicant proposes to use on -site waste disposal through a septic system. Mr. Taylor informed Council the septic tank is not an element of the site plan review process and therefore the Council may not consider the element with the approval of the site plan. The City has a contract with both the Texas State Health Department and Tarrant County Health Department and the City has delegated to them the health and safety inspection of on -site waste disposal systems. If the site plan is approve, the City will advise the applicant during the building permit process that they will not be granted a certificate of occupancy unless they demonstrate to the City that they have designed and constructed an on -site waste disposal system that the State through the county health inspector has certified as adequate for the needs of the facility. Mr. Taylor advised the planning and public works staff the concern raised at the Planning and Zoning Commission regarding the side access drive is a civil issue between two private property owners. The City under the constitution, state law, and local government code cannot be a party to the dispute. Mayor Terrell clarified the action before Council this evening is to consider the site plan and the item at their discretion is the variance for screening and fencing. Applicant George Craft, 14 Alamosa Drive, Trophy Club, presented his request and responded to questions from Council. Mr. Craft's legal counsel Richard Kilgore was also present at the meeting. Council, staff and applicant discussed the proposed fence presented by the applicant. Mayor Terrell opened the public hearing and asked for anyone wishing to speak on the item to come forward. The following spoke in opposition to the request: Mr. David Walsh, 1654 Creekside Drive; Mr. Fredrick Koehmstedt, 1641 Royal Oaks Court; Mr. REGULAR CITY COUNCIL MEETING MINUTES, MAY 6, 2014 Page 10 of 16 John Baldwin, 1700 Creekside Drive; Mr. Rusty Beville, 1647 Creekdside Drive; Mr. Lee Haskin, 1702 Creekside Drive; and Ms. Claire Cox, 1645 Creekside Drive. The following people spoke in support of the request: Mr. Michael McGee, 2800 Sherwood Lane, Colleyville; Mr. Demitre Gary with Gary D. Construction Services, Inc., Grand Prairie; and Mr. Richard Kilgore (Mr. Craft's legal counsel), 1201 North Carroll Avenue. There being no one else wishing to speak, Mayor Terrell closed the public hearing. A motion was made to approve ZA14 -038, site plan for Abundant Grace Church subject to site plan review summary No. 3, dated April 21, 2014; on the site plan there will be a six to eight foot wood fence to be replaced or allowed to be existing, but the applicant will replace with a brand new eight foot board -on -board fence; noting where sections of the fence are identified as metal will be eight -foot wrought iron; subject to any issuance of a certificate of occupancy the applicant will provide satisfactory evidence to the City that they received the necessary approval from Tarrant County for issuances of a permit to operate a septic system consistent with the uses proposed on the property; and noting the variance for the setback at 33 -feet versus 40 -feet for the new addition. Motion: Bledsoe Second: Muller Ayes: Bledsoe, Hill, Morris, Muller, Schelling, Terrell, Williamson Approved: 7 -0 Mayor Terrell recessed the meeting at 9:43 p.m. Mayor Terrell reconvened the meeting at 9:59 p.m. with the same members present with the exception of Council member Carolyn Morris. 6D. ORDINANCE NO. 1092, AUTHORIZING THE ISSUANCE OF GENERAL OBLIGATION REFUNDING BONDS, SERIES 2014. PUBLIC HEARING APPROVED Mr. Jim Sabonis with First Southwest presented items 6D, 6E and 6F for 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 Ordinance No. 1092, authorizing the issuance of General Obligation Refunding Bonds, Series 2014. Motion: Bledsoe Second: Muller Ayes: Bledsoe, Hill, Muller, Schelling, Terrell, Williamson REGULAR CITY COUNCIL MEETING MINUTES, MAY 6, 2014 Page 11 of 16 Approved: 6 -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 2014 "; SPECIFYING 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 OBLIGATIONS OF THE CITY; AND RESOLVING OTHER MATTERS INCIDENT AND RELATED TO THE ISSUANCE, SALE, PAYMENT AND DELIVERY OF SAID BONDS, 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. 6E. ORDINANCE NO. 1093, AUTHORIZING THE ISSUANCE OF CERTIFICATES OF OBLIGATION, SERIES 2014. PUBLIC HEARING APPROVED This item was presented in conjunction with item 6D and 6F. 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. 1093, authorizing the issuance of Certificates of Obligation, Series 2014. Motion: Bledsoe Second: Muller Ayes: Bledsoe, Hill, Muller, Schelling, Terrell, Williamson Approved: 6 -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 2014 "; SPECIFYING 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, REGULAR CITY COUNCIL MEETING MINUTES, MAY 6, 2014 Page 12 of 16 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. 6F. RESOLUTION NO. 14 -018, AUTHORIZING THE ISSUANCE OF SALES TAX REVENUE REFUNDING BONDS, SERIES 2014. PUBLIC HEARING APPROVED This item was presented in conjunction with items 6D and 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 Resolution No. 14 -018, authorizing the issuance of Sales Tax Revenue Refunding Bonds, Series 2014. Motion: Bledsoe Second: Muller Ayes: Bledsoe, Hill, Muller, Schelling, Terrell, Williamson Approved: 6 -0 In accordance with Section 4.21 of the City Charter, the caption for this item is listed as follows: A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS, RELATING TO THE "SOUTHLAKE PARKS DEVELOPMENT CORPORATION SALES TAX REVENUE REFUNDING BONDS, SERIES 2014 "; APPROVING THE RESOLUTION OF THE SOUTHLAKE PARKS DEVELOPMENT CORPORATION AUTHORIZING THE ISSUANCE OF SUCH BONDS; RESOLVING OTHER MATTERS INCIDENT AND RELATED TO THE ISSUANCE OF SUCH BONDS; AND PROVIDING AN EFFECTIVE DATE. 7. ORDINANCES, FIRST READINGS, AND RELATED ITEMS: 7A. ORDINANCE NO. 480 -665 (ZA14 -033), 1ST READING, ZONING CHANGE AND CONCEPT PLAN FOR 1715 OUR LANE ON PROPERTY DESCRIBED AS TRACTS 2B AND 2B3, WILLIAM H. MARTIN SURVEY, ABSTRACT NO. 1068, CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS, AND LOCATED AT 1715 AND 1741 OUR LANE, SOUTHLAKE, TEXAS. CURRENT ZONING: "AG" AGRICULTURAL DISTRICT. REQUESTED ZONING: "SF -1A" SINGLE FAMILY RESIDENTIAL DISTRICT. SPIN #5. (IF APPROVED, THE PUBLIC HEARING WILL BE HELD ON MAY 20, 2014.) REGULAR CITY COUNCIL MEETING MINUTES, MAY 6, 2014 Page 13 of 16 APPROVED Senior Director of Planning Development Services presented item and was available to answer questions from Council. Applicant representative lmad Yamout presented request and was available to respond to questions from Council. A motion was made to approve Ordinance No. 480 -665, zoning change and concept plan for 1715 Our Lane pursuant to concept plan review summary No. 3, dated April 25, 2014; including the staff report therein are certain recommendations regarding what the applicant has acknowledged that he will do which is consistent with the Planning and Zoning Commission's approval that are included in the staff report on page 3, Attachment D; and also noting the variance for the Subdivision Ordinance regarding all lots front a public street. Motion: Bledsoe Second: Muller Ayes: Bledsoe, Hill, Muller, Schelling, Terrell, Williamson Approved: 6 -0 7B. ORDINANCE NO. 480 -643A (ZA14- 0 1ST READING, ZONING CHANGE AND SITE PLAN FOR PARK VILLAGE ON PROPERTY DESCRIBED TRACTS 4, 4D AND 4G, OBEDIAH W. KNIGHT SURVEY, ABSTRACT NO. 899, CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS; AND LOCATED AT 1001 EAST SOUTHLAKE BOULEVARD AND 400 AND 430 SOUTH CARROLL AVENUE, SOUTHLAKE, TEXAS. CURRENT ZONING: "S -P -1" DETAILED SITE PLAN DISTRICT. REQUESTED ZONING: "S -P -1" DETAILED SITE PLAN DISTRICT. SPIN #9. (IF APPROVED, THE PUBLIC HEARING WILL BE HELD ON MAY 20, 2014.) APPROVED Senior Director of Planning Development Services presented item and was available to answer questions from Council. Applicant representative Steve Coslik, 2100 West 7 Street, Fort Worth and Erin Duncan with Mesa Design Group located at 1807 Ross Avenue, Suite 333, Dallas, responded to questions from Council. A motion was made to approve Ordinance No. 480 -643A, zoning change and site plan for Park Village subject to landscape plan review summary No. 2, dated April 11, 2014; approval for alternative landscape plan which shows compliance with the City's landscape ordinances with the exception of allowing and approving the variance to include up to 66 of the canopy trees within the eight -foot buffer and noting that the caliper inches will be the four -inch variety at a minimum of 75% of those canopy trees and 25% for the two -inch caliper requirement; in the event the trees are located within REGULAR CITY COUNCIL MEETING MINUTES, MAY 6, 2014 Page 14 of 16 the eight -foot buffer zone they will be maintained to a seven -foot clear height along the sidewalks and 14 -foot height along the roadway; noting that any vision or sight triangles located within the project will remain un- obscured; and subject to all other requirements that the zoning for this applicant will remain intact. Motion: Bledsoe Second: Muller Ayes: Bledsoe, Hill, Muller, Schelling, Terrell, Williamson Approved: 6 -0 8. RESOLUTIONS: (THERE ARE NO ITEMS ON THIS AGENDA.) 9. OTHER ITEMS FOR CONSIDERATION: 9A. MSP -001, MASTER SIGN PLAN FOR KIMBALL OAKS LOCATED AT 2221 EAST SOUTHLAKE BOULEVARD, SOUTHLAKE, TEXAS. TABLED Senior Director of Planning and Development Services Ken Baker presented item and was available to answer questions from Council. Applicant representative Hank Quigg responded to questions from Council. Council, staff and applicant discussed the request. Council provided the following comments —size of the monument sign, to provide additional details for signage that will be allowed in the development, size of signs and number of signs. Mr. Quigg requested that Council table the item to the May 20, 2014 City Council meeting. A motion was made to table MSP -001, master sign plan for Kimball Oaks to the May 20, 2014 City Council meeting. Motion: Bledsoe Second: Muller Ayes: Bledsoe, Hill, Muller, Schelling, Terrell, Williamson Approved: 6 -0 10. OTHER ITEMS FOR DISCUSSION: (THERE ARE NO ITEMS ON THIS AGENDA) REGULAR CITY COUNCIL MEETING MINUTES, MAY 6, 2014 Page 15 of 16 11. MEETING ADJOURNED. Mayor Terrell adjourned the meeting at 11:21 p.m. *An audio recording of this meeting will be permanently retained in the City Secretary's Office. 4,1 7 John C. Terrell Mayor ATTEST: Attttttttttttttttt t (}_ j i � _ O Alicia Richardson, TRMCs CitySecretary •••..••.•..•• �,.•' ,'•,,, **it ►.•`.• REGULAR CITY COUNCIL MEETING MINUTES, MAY 6, 2014 Page 16 of 16