2006-10-03 Regular CC Meeting
CITY OF SOUTHLAKE
REGULAR CITY COUNCIL MEETING: OCTOBER 3, 2006
LOCATION: 1400 Main Street, Southlake, Texas
Council Chambers in Town Hall
WORK SESSION: 5:00 to 5:30 P.M.
1. Call to order.
2. Discussion of all items on tonight's meeting agenda. No action will be taken and each
item will be considered during the Regular Session.
REGULAR SESSION: 5.30 P.M. or immediately following the work session
1. Call to order.
2. A. Executive Session: Pursuant to the Open Meetings Act, Chapter 551, Texas
Government Code, Sections 551.071, 551.072, 551.073, 551.074, 551.076,
551.087, 418.183(f), and 418.106(d) & (e). Refer to posted list attached hereto
and incorporated herein. Executive Session may be held, under these
exceptions, at the end of the Regular Session or at any time during the
meeting that a need arises for the City Council to seek advice from the City
Attorney as to the posted subject matter of this City Council meeting.
1. Section 551.072: Deliberation regarding real property
a. Discuss purchase of property for park purposes.
2. Section 551087• Deliberation regarding economic development
negotiations
a. Economic incentives for businesses.
B. Reconvene: Action necessary on items discussed in Executive Session.
3. INVOCATION: Coy Quesenbury, Lonesome Dove Baptist Church
4. REPORTS:
A. Mayor's Report
B. City Manager's Report
1. Oktoberfest report
2. Awards from the Texas Chapter of the American Planning Association
a. 2006 Community of the Year
b. Current Planning Award for the Tree Preservation Ordinance and
Technical Manual
3. Urban Design Study
4. Southlake Public Library anniversary
C. Parks and Recreation Board Report
City of Southlake
City Council meeting agenda
October 3, 2006
Page 2 of 7
CONSENT AGENDA
All items listed below are considered to be routine by the City Council and will be enacted with
one motion. There will be no separate discussion of items unless a Councilmember or citizen so
requests, in which event the item will be removed from the general order of business and
considered in its normal sequence.
5. Consent:
A. Approve the minutes from the September 19, 2006, regular City Council meeting.
B. Excuse members of the City Council and of the Planning and Zoning Commission
for absences from meetings.
C. Approve SPDC Matching Funds Request from Keep Southlake Beautiful for an
animated litter receptacle.
D. ZA06-141, Plat Vacation for Lot 1, Block 1, Johnson Place Addition on property
located at 2440 Johnson Road. Current Zoning: R-PUD Residential Planned Unit
Development District. SPIN Neighborhood #16.
E. Ordinance No. 480-504, 1St Reading (ZA06-142), Zoning Change and Concept
Plan for property located at 211 Pine Drive. Current Zoning: AG Agricultural
District. Requested Zoning: SF-lA Single Family Residential District. SPIN
Neighborhood #9. (If approved at first reading, the public hearing will be held
October 17, 2006)
F. Ordinance No. 480-505, 1St Reading (ZA06427), Zoning Change for property
located at 225 and 231 East Bob Jones Road. Current Zoning: AG Agricultural
District. Requested Zoning: RE Residential Estate District. SPIN Neighborhood
#1. (If approved at first reading, the public hearing will be held October 17,
2006.)
G. Ordinance No. 480-506, 1St Reading (ZA06-129), Zoning Change and Concept
Plan for property located at 2005 North White Chapel Boulevard. Current Zoning:
AG Agricultural District. Requested Zoning: SF-lA Single Family Residential
District. SPIN Neighborhood #5. (If approved at first reading, the public hearing
will be held October 17, 2006)
H. Ordinance No. 480-507, 1St Reading (ZA06-148), Zoning Change and Concept
Plan for property located at 3119 Lake Drive. Current Zoning: AG Agricultural
District. Requested Zoning: SF-lA Single Family Residential District. SPIN
Neighborhood #5. (If approved at first reading, the public hearing will be held
October 17, 2006.)
City of Southlake
City Council meeting agenda
October 3, 2006
Page 3 of 7
I. Authorize the award of bid to Brinkley Sargent for preparation of the Facilities
Plan Study.
J. Resolution No. 06-058, Appoint members to the Senior Advisory Commission.
K. Ordinance No. 480-NNN, 2nd Reading, Amendments to the Comprehensive
Zoning Ordinance No. 480, as amended, including sidewalk requirements and
minimum lot size standards for open space lots in residential zoning districts.
THIS ITEM HAS BEEN TABLED AND THE PUBLIC HEARING
CONTINUED TO THE OCTOBER 17, 2006, CITY COUNCIL MEETING.
L. Ordinance No. 483-K, 2'd Reading, Amendments to the Subdivision Ordinance
No. 483, as amended, including sidewalk requirements. THIS ITEM HAS
BEEN TABLED AND THE PUBLIC HEARING CONTINUED TO THE
OCTOBER 17, 2006, CITY COUNCIL MEETING.
M. Ordinance No. 480-LLL, 2'd Reading, Amendments to the Comprehensive
Zoning Ordinance No. 480, as amended, as it pertains to the creation of the SF-2
Single Family Residential Zoning District. THIS ITEM HAS BEEN TABLED
AND THE PUBLIC HEARING CONTINUED TO THE DECEMBER 5,
2006, CITY COUNCIL MEETING.
N. Ordinance No. 480-492, 1" Reading (ZA06-045), Zoning Change for a portion of
Lot 1, Block 1, Arnold Estates, located at 1275 Shady Oaks Drive with access
through 520 West Highland Street. Current Zoning: RE Single Family Residential
Estate District. Requested Zoning: SF-IA Single Family Residential District.
SPIN Neighborhood #11. THIS ITEM HAS BEEN TABLED TO THE
DECEMBER 5, 2006, CITY COUNCIL MEETING.
REGULAR AGENDA
6. Public Forum.
7. Ordinances, second readings, public hearings, and related items:
A. Ordinance No. 480-500, 2nd Reading, (ZA06-088), Zoning Change and Concept
Plan for proposed Miron Grove Business Park, on property described as Lot 4R,
Block 1, Miron Subdivision; located at 300 Miron Drive. Current Zoning: S-P-2
Generalized Site Plan District. Requested Zoning: S-P-2 Generalized Site Plan
District. SPIN Neighborhood #8. PUBLIC HEARING
B. ZA06-089, Site Plan for Miron Grove Business Park, Phase One, on property
described as portions of Lot 4R, Block 1, Miron Subdivision. Current Zoning: S-
P-2 Generalized Site Plan District. Proposed Zoning: S-P-2 Generalized Site Plan
District. SPIN Neighborhood #8. PUBLIC HEARING
City of Southlake
City Council meeting agenda
October 3, 2006
Page 4 of 7
C. Approve a common access easement on the Miron Drive water tower site between
Southlake 1709 Joint Venture and the City of Southlake.
D. Ordinance No. 480-465a, 2nd Reading (ZA06-137), Zoning Change and Revised
Site Plan for Offices at Noble Oaks located at 1121 South Carroll Avenue.
Current Zoning: S-P-1 Detailed Site Plan District. Requested Zoning: S-P-1
Detailed Site Plan District. SPIN Neighborhood #8. PUBLIC HEARING
E. ZA06-150, Revised Site Plan for Lot 7, Block 4R1, Southlake Town Square
(Campania Pizza & More), located at 291 Grand Avenue. Current Zoning: DT
Downtown District. SPIN Neighborhood #8. PUBLIC HEARING
F. Resolution No. 06-062, (ZA06-151), Specific Use Permit for a mass gathering for
the Southlake Carroll Homecoming Parade located within Southlake Town
Square located between State Highway 114, East Southlake Boulevard, and east
of North Carroll Avenue. Current Zoning: DT Downtown District. SPIN
Neighborhood #8. PUBLIC HEARING
G. Ordinance No. 900, 1St Reading, Establishing a Municipal Stormwater (Drainage)
Utility System. FIRST PUBLIC HEARING
H. Ordinance No. 901, 1" Reading, Establishing Monthly Stormwater Utility Fees
for the purpose of funding stormwater (drainage) projects as authorized by law.
FIRST PUBLIC HEARING
8. Ordinances, first readings, and related items:
A. Ordinance No. 903, 1St Reading, Amending the existing Franchise Ordinance
between the City of Southlake and TXU Electric Delivery Company, a Texas
Corporation, its successors and assigns, to provide for a different payment
schedule, providing an extension of the franchise term; providing for TXU
Electric delivery acceptance. (If approved at first reading, the public hearing will
be held October 17, 2006.)
B. Ordinance No. 480-503, 1St Reading (ZA06-119), Zoning Change and
Development Plan for proposed La Mirada, located at 1925 North Peytonville
Avenue. Current Zoning: RE Single Family Residential Estate District. Requested
Zoning: R-PUD Residential Planned Unit Development District. SPIN
Neighborhood #11. (If approved at first reading, the public hearing will be held
October 17, 2006.)
City of Southlake
City Council meeting agenda
October 3, 2006
Page 5 of 7
C. Ordinance No. 897, 1St Reading, Amending Chapter 18, Section 18-79 of the
Southlake City Code establishing a new speed limit on a portion of North Carroll
Avenue and on two portions of Kimball Avenue. (If approved on first reading, the
public hearing will be held October 17, 2006.)
9. Resolutions: (There are no items on this agenda.)
10. Other items for consideration:
A. Consider SP06-412, Variance to Sign Ordinance No. 704-B for All Star
Orthopaedics and Sports Medicine located at 2362 East State Highway 114 in the
Kimball Square retail and office center.
B. Consider SP06-336, Conditional Sign Permit for Shady Oaks Office Park, located
at 600-660 West Southlake Boulevard.
C. Consider SP06-408, Variance to Sign Ordinance No. 704-B for Bethel Methodist
Church located at 190 South White Chapel Boulevard.
D. Consider a contract with S & L Painting, Inc., for the painting of two elevated
water storage tanks at Bicentennial Park and at East Dove Avenue and North
White Chapel Boulevard.
E. Consider a contract with Williams Paint and Sandblasting Company for the
painting of two ground water storage tanks (Pearson No. 1-Exterior and Pearson
No. 2-Interior).
11. Other items for discussion: (There are no items on this agenda)
12. Meeting adjourned.
CERTIFICATE
I hereby certify that the above agenda was posted on the official bulletin boards at Town Hall,
1400 Main Street, Southlake, Texas, on Friday, September 29, 2006, by 6:00 p.m., pursuant to
the Texas Government Code, Chapter 1W r2i
,o OUTH
F'
Lori A. Farwell, TRMC = a •
City Secretary s ? CO i s
If you plan to attend this public meef % W****~iavW disability that requires special needs, please
advise the City Secretary's Office 48"ftW9 in advance at 817-748-8016 and reasonable
accommodations will be made to assist you.
City of Southlake
City Council meeting agenda
October 3, 2006
Page 6 of 7
EXECUTIVE SESSION
Section 551.071: Consultation with attorney
The City Council may conduct a private consultation with its attorney when the City Council
seeks the advice of its attorney concerning any item on this agenda, about pending and
contemplated litigation, or a settlement offer, or on a matter in which the duty of the attorney to
the City Council under the Texas Disciplinary Rules of Professional Conduct of the State Board
of Texas clearly conflicts with Chapter 551. This includes the following pending and/or
contemplated litigation subjects:
1. City of Southlake vs. Timarron et.al. May 2001.
2. James Lancaster and wife, Catherine Lancaster vs. Gary M. Gordon d/b/a Gordon Taylor
Custom Homes, Carleo A. Capili and wife, Regina Capili and John R. Griggs and wife,
Sally Griggs, Jill T. Gordon, and City of Southlake. July 2004.
3. Harold Sauls vs. Robert Welch, Alton Wells, Mike Berryhill, John Doe, and City of
Southlake. March 2005.
4. Kenneth Schmiedel and Maureen Schmiedel, individually and as next friends of
Elizabeth Schmiedel, a minor vs. City of Southlake. August 2006.
5. Teresa Dreyer v. City of Southlake, Texas; Shana Yelverton, individually and in her
official capacity as Southlake City Manager; Kevin Hugman, individually and in his
official capacity as Southlake Human Resources Director; and Chuck Kendrick,
individually and in his official capacity as Southlake Public Works Operations Manager.
September 2006.
Section 551.072: Deliberation regarding real property
The City Council may conduct a closed meeting to deliberate the purchase, exchange, lease or
value of real property.
Section 551.073: Deliberation regarding prospective Eift or donation
The City Council may conduct a closed meeting to deliberate a negotiated contract for a
prospective gift or donation to the City.
Section 551.074: Deliberation regarding personnel matters
The City Council may deliberate the appointment, employment, evaluation, reassignment, duties,
discipline, or dismissal of public officers, including the City Manager, City Secretary, City
Attorney, Municipal Judge and city boards and commission members. A complete list of the city
boards and commissions is on file in the City Secretary's Office.
Section 551.076: Deliberation regarding security devices
The City Council may deliberate the deployment, or specific occasions for implementation of
security personnel or devices.
City of Southlake
City Council meeting agenda
October 3, 2006
Page 7 of 7
Section 551.087: Deliberation regarding economic development negotiations
The City Council may discuss or deliberate regarding commercial or financial information
received from a business prospect that the city seeks to have locate, stay, or expand in or near the
city and which the City is conducting economic development negotiations; or to deliberate the
offer of a financial or other incentive to a business prospect as described above.
Section 418.183(f): Texas Disaster Act
The City Council may deliberate information: 1) for purposes of preventing, investigating, or
responding to an act of terrorism or related criminal activity and involving emergency response
providers, their staffing, contact information and tactical plans; 2) that relates to the risk or
vulnerability of persons or property, including infrastructure, to an act of terrorism; 3) that relates
to the assembly of an explosive weapon, the location of a material that may be used in a
chemical, biological or radioactive weapon, or unpublished information pertaining to vaccines or
devices to detect biological agents or toxins; 4) that relates to details of the encryption codes or
security keys for a public communication system; 5) that relates to a terrorism-related report to
an agency of the United States; 6) that relates to technical details of particular vulnerabilities of
critical infrastructure to an act of terrorism; 7) that relates to information regarding security
measures or security systems intended to protect public and private property from an act of
terrorism. The Texas Disaster Act specifically requires that a tape recording of the closed
meeting be made.
Section 418106(d) & (e): Local meetings to discuss emergency management plans
regarding pipeline safety
The City Council may discuss emergency management plans involving pipeline safety and/or
security of pipeline infrastructures or facilities when those plans or discussions contain such
sensitive information.
CITY OF SOUTHLAKE
REGULAR CITY COUNCIL MEETING MINUTES: OCTOBER 3. 2006
LOCATION:
1400 Main Street, Southlake, Texas
Council Chambers in Town Hall
CITY COUNCIL PRESENT: Mayor Pro Tern Carolyn Morris and Deputy Mayor Pro Tern
John Terrell; and Councilmembers Laura K. Hill, Gregory Jones, Virginia M. Muzyka, and
Councilmember Vernon Stansell.
CITY COUNCIL ABSENT: Mayor Andy Wambsganss.
STAFF PRESENT: City Manager Shana Yelverton, Assistant City Manager Jim Blagg,
Assistant to the City Manager Ben Thatcher, Community Relations Officer Pilar Schank,
Manager of Information Services Gary Gregg, Audio Visual System Technician Pam Jordan,
Director of Community Services Steve Polasek, Deputy Director of Community Services Chris
Tribble, Director of Economic Development Greg Last, Director of Finance Sharen Jackson,
Director of Planning Ken Baker, Chief Planner Dennis Killough, Director of Public Safety Rick
Smith, Chief of Fire Services Robert Finn, Director of Public Works Bob Price, Public Works
Operations Manager Chuck Kendrick, Library Administrator Kerry McGeath, City Attorney Tim
Sralla, and City Secretary Lori Farwell.
WORK SESSION:
Agenda Item No.1. Call to order. The work session was called to order by Mayor Pro Tern
Morris at 5: 1 0 p.m.
Agenda Item No.2. Discussion of all items on tonight's meeting agenda. City Council did not
hold a work session and, instead, went immediately into executive session.
REGULAR SESSION:
Agenda Item No.1. Call to order. The regular session was called to order by Mayor Pro Tern
Morris at 5: 1 0 p.m.
Agenda Item No. 2A. Executive Session. Mayor Pro Tern Morris announced 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; and Section
551.087, deliberation regarding economic development negotiations. City Council adjourned for
Executive Session at 5:11 p.m. Executive Session began at 5:23 p.m. and ended at 5:51 p.m.
Agenda Item No. 2B. Reconvene. Mayor Pro Tern Morris reconvened the regular meeting at
6:21 p.m. and asked if any action was necessary from Executive Session. No motion was
necessary .
REGULAR CITY COUNCIL MEETING MINUTES, OCTOBER 3, 2006
Page 1 of 12
The invocation was given following the report section of the agenda.
Agenda Item No. 4A. Mayor's Report. No report was given.
Agenda Item No. 4Bl. Oktoberfest Report. City Manager Yelverton introduced Director Last
who gave a presentation on Oktoberfest.
Agenda Item No. 4B2. Awards from the Texas Chapter of the American Planning Association.
City Manager Yelverton presented information on two awards recently received from the Texas
Chapter of the American Planning Association: 2006 Community of the Year and Current
Planning Award for the Tree Preservation Ordinance and Technical Manual. City Council
thanked the Planning Department and the Planning and Zoning Commission for their hard work
towards making these two awards possible.
Agenda item No. 4B3. Urban Design Study. City Manager Yelverton presented information on
the upcoming study.
Agenda Item No. 4B4. Southlake Public Library annIversary. City Manager Yelverton
congratulated the library on its recent Sth anniversary.
Agenda Item No. 4C. Parks and Recreation Board Report. Elaine Cox updated Council on
upcoming meetings and events.
Agenda Item No.3. Invocation. Assistant City Manager Jim Blagg gave the invocation. Mayor
Pro Tern Morris led the Pledge of Allegiance.
CONSENT AGENDA: Consent agenda items are considered to be routine by the City Council
and are enacted with one motion.
Agenda Item No. SA. Approve the minutes from the September 19, 2006, regular City Council
meeting. A presentation was not made on this item.
Agenda Item No. 5B. Excuse members of the City Council and of the Planning and Zoning
Commission for absences from meetings. Councilmember Vemon Stansell was absent from the
September 19, 2006 City Council meeting, and Commissioner Michael Springer was absent from
the September 21, 2006 Planning and Zoning Commission meeting.
Agenda Item No. SC. Approve SPDC Matching Funds Request from Keep Southlake Beautiful
for an animated litter receptacle. A presentation was not made on this item.
Agenda Item No. SD. ZA06-141, Plat Vacation for Lot 1, Block 1, Johnson Place Addition on
property located at 2440 Johnson Road. Current Zoning: R-PUD Residential Planned Unit
Development District. SPIN Neighborhood #16. A presentation was not made on this item.
Agenda Item No. SE. Ordinance No. 480-S04, 15t Reading (ZA06-142), Zoning Change and
Concept Plan for property located at 211 Pine Drive. Current Zoning: AG Agricultural District.
REGULAR CITY COUNCIL MEETING MINUTES, OCTOBER 3, 2006
Page 2 of 12
Requested Zoning: SF-1A Single Family Residential District. SPIN Neighborhood #9. A
presentation was not made on this item.
Agenda Item No. 5F. Ordinance No. 480-505, 1st Reading (ZA06-127), Zoning Change for
property located at 225 and 231 East Bob Jones Road. Current Zoning: AG Agricultural District.
Requested Zoning: RE Residential Estate District. SPIN Neighborhood #1. A presentation was
not made on this item.
Agenda Item No. 5G. Ordinance No. 480-506, 1st Reading (ZA06-129), Zoning Change and
Concept Plan for property located at 2005 North White Chapel Boulevard. Current Zoning: AG
Agricultural District. Requested Zoning: SF-1A Single Family Residential District. SPIN
Neighborhood #5. A presentation was not made on this item.
Agenda Item No. 5H. Ordinance No. 480-507, 1st Reading (ZA06-148), Zoning Change and
Concept Plan for property located at 3119 Lake Drive. Current Zoning: AG Agricultural District.
Requested Zoning: SF-1A Single Family Residential District. SPIN Neighborhood #5. A
presentation was not made on this item.
Agenda Item No. 51. Authorize award of bid to Brinkley Sargent for preparation of the Facilities
Plan Study. A presentation was not made on this item.
Agenda Item No. 5J. Resolution No. 06-058, Appoint members to the Senior Advisory
Commission. Council appointed Nancy Sporn to the alternate position and Charles Boyd to Place
6. 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,
APPOINTING MEMBERS TO THE SENIOR ADVISORY COMMISSION AND
PROVIDING AN EFFECTIVE DATE.
Agenda Item No. 5K. Ordinance No. 480-NNN, 2nd Reading, Amendments to the
Comprehensive Zoning Ordinance No. 480, as amended, including sidewalk requirements and
minimum lot size standards for open space lots in residential zoning districts. This item has been
tabled and the public hearing continued to the October 17,2006, City Council meeting.
Agenda Item No. 5L. Ordinance No. 483-K, 2nd Reading, Amendments to the Subdivision
Ordinance No. 483, as amended, including sidewalk requirements. This item has been tabled and
the public hearing continued to the October 17,2006, City Council meeting.
Agenda Item No. 5M. Ordinance No. 480-LLL, 2nd Reading, Amendments to the Comprehensive
Zoning Ordinance No. 480, as amended, as it pertains to the creation of the SF-2 Single Family
Residential Zoning District. This item has been tabled and the public hearing continued to the
December 5, 2006, City Council meeting.
Agenda Item No. 5N. Ordinance No. 480-492, 1st Reading (ZA06-045), Zoning Change for a
portion of Lot 1, Block 1, Arnold Estates, located at 1275 Shady Oaks Drive with access through
REGULAR CITY COUNCIL MEETING MINUTES, OCTOBER 3, 2006
Page 3 of 12
520 West Highland Street. Current Zoning: RE Single Family Residential Estate District.
Requested Zoning: SF-IA Single Family Residential District. SPIN Neighborhood #11. This
item has been tabled to the December 5, 2006, City Council meeting.
Motion was made to approve consent agenda items 5A; 5B; 5C; 5D; 5E; 5F; 5G; 5H; 51; 5J; to
table items 5K and 5L to the October 17, 2006, City Council meeting; and to table items 5M and
5N to the December 5, 2006, City Council meeting.
Motion: Terrell
Second: Jones
Ayes: Hill, Jones, Morris, Muzyka, Terrell, Stansell
Nays: None
Approved: 6-0
REGULAR AGENDA:
Agenda Item No.6. Public Forum. No one spoke during public forum.
Agenda Item No. 7 A. Ordinance No. 480-500, 2nd Reading, (ZA06-088), Zoning Change and
Concept Plan for proposed Miron Grove Business Park, on property described as Lot 4R, Block
1, Miron Subdivision: located at 300 Miron Drive. Current Zoning: S-P-2 Generalized Site Plan
District. Requested Zoning: S-P-2 Generalized Site Plan District. SPIN Neighborhood #8. Chief
Planner Killough presented this item in conjunction with items 7B and 7C. Applicant Richard
Myers, 99 Main Street, Colleyville, Texas, made a presentation and answered Council's
questions. 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;
GRANTING A ZONING CHANGE ON A CERTAIN TRACT OR TRACTS OF LAND
WITHIN THE CITY OF SOUTHLAKE, TEXAS BEING LEGALLY DESCRIBED AS LOT
4R, BLOCK 1, MIRON SUBDIVISION, AND BEING APPROXIMATELY 4.82 ACRES,
AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "S-P-2"
GENERALIZED SITE PLAN DISTRICT TO "S-P-2" GENERALIZED SITE PLAN
DISTRICT WITH "0-1" OFFICE DISTRICT USES, AS DEPICTED ON THE APPROVED
CONCEPT PLAN ATTACHED HERETO AND INCORPORATED HEREIN AS EXHIBIT
"B", SUBJECT TO THE SPECIFIC REQUIREMENTS CONTAINED IN THIS ORDINANCE;
CORRECTING THE OFFICIAL ZONING MAP; PRESERVING ALL OTHER PORTIONS OF
THE ZONING ORDINANCE; DETERMINING THAT THE PUBLIC INTEREST, MORALS
AND GENERAL WELFARE DEMAND THE ZONING CHANGES AND AMENDMENTS
HEREIN MADE; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF
ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A
PENAL TY FOR VIOLA nONS HEREOF; PROVIDING A SAVINGS CLAUSE; PROVIDING
FOR PUBLICA nON IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE
DATE.
No one spoke during the public hearing.
REGULAR CITY COUNCIL MEETING MINUTES, OCTOBER 3, 2006
Page 4 of 12
Motion was made to approve Ordinance No. 480-500, 2nd Reading, (ZA06-088), Zoning Change
and Concept Plan for proposed Miron Grove Business Park, subject to Concept Plan Review
Summary No.3, dated September 27, 2006; subject to the applicant's presentation and handout
presented to City Council this evening; noting the articulation as shown on the site plan is the
correct articulation; noting that on sheet A3, the building elevations for buildings 9 and 10
should read for building 9 only; limiting the number of carports from 41 to 25, noting the trellis
design as shown in the plans presented tonight, and not allowing plywood decking; and
indicating that City Council is not approving any signage tonight.
Motion: Jones
Second: Stansell
Ayes: Hill, Jones, Morris, Muzyka, Terrell, Stansell
Nays: None
Approved: 6-0
Agenda Item No. 78. ZA06-089, Site Plan for Miron Grove Business Park, Phase One, on
property described as portions of Lot 4R, Block L Miron Subdivision. Current Zoning: S-P-2
Generalized Site Plan District. Proposed Zoning: S-P-2 Generalized Site Plan District. SPIN
Neighborhood #8. Chief Planner Killough presented this item in conjunction with items 7 A and
7C. Applicant Richard Myers, 99 Main Street, Colleyville, Texas, made a presentation and
answered Council's questions.
No one spoke during the public hearing.
Motion was made to approve ZA06-089, Site Plan for Miron Grove Business Park, Phase One,
subject to the prior City Council approval of agenda item 7 A; subject to the recommendations of
the Planning and Zoning Commission; and subject to Site Plan Review Summary No.3, dated
September 27, 2006.
Motion: Jones
Second: Stansell
Ayes: Hill, Jones, Morris, Muzyka, Terrell, Stansell
Nays: None
Approved: 6-0
Agenda Item No. 7C. Approve a common access easement on the Miron Drive water tower site
between Southlake 1709 Joint Venture and the City of Southlake. Chief Planner Killough
presented this item in conjunction with items 7 A and 7B. Applicant Richard Myers, 99 Main
Street, Colleyville, Texas, made a presentation and answered Council's questions.
Motion was made to approve a common access easement on the Miron Drive water tower site
between Southlake 1709 Joint Venture and the City of South lake.
Motion: Jones
Second: Terrell
Ayes: Hill, Jones, Morris, Muzyka, Terrell, Stansell
Nays: None
Approved: 6-0
REGULAR CITY COUNCIL MEETING MINUTES, OCTOBER 3, 2006
Page 5 of 12
Agenda Item No. 7D. Ordinance No. 480-465a, 2nd Reading (ZA06-137), Zoning Change and
Revised Site Plan for Offices at Noble Oaks located at 1121 South Carroll Avenue. Current
Zoning: S-P-1 Detailed Site Plan District. Requested Zoning: S-P-1 Detailed Site Plan District.
SPIN Neighborhood #8. Chief Planner Killough presented this item to Council. Applicant Chris
Farris of Vaughan Commercial Realty Group, 404 Oxford Court, Southlake, Texas, made a
presentation and answered Council's questions. 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;
GRANTING A ZONING CHANGE ON A CERTAIN TRACT OR TRACTS OF LAND
WITHIN THE CITY OF SOUTHLAKE, TEXAS BEING LEGALLY DESCRIBED AS TRACT
2A, SITUATED IN THE J.W. HALE SURVEY, ABSTRACT NO. 803, BEING
APPROXIMATEL Y 1.2 ACRES, AND MORE FULLY AND COMPLETELY DESCRIBED
IN EXHIBIT "A" FROM "SF-20A" SINGLE FAMILY RESIDENTIAL DISTRICT TO "S-P-1"
DETAILED SITE PLAN DISTRICT WITH LIMITED "0-1" OFFICE DISTRICT USES, AS
DEPICTED ON THE APPROVED SITE PLAN A TT ACHED HERETO AND
INCORPORATED HEREIN AS EXHIBIT "B", SUBJECT TO THE SPECIFIC
REQUIREMENTS CONTAINED IN THIS ORDINANCE; CORRECTING THE OFFICIAL
ZONING MAP; PRESERVING ALL OTHER PORTIONS OF THE ZONING ORDINANCE;
DETERMINING THAT THE PUBLIC INTEREST, MORALS AND GENERAL WELFARE
DEMAND THE ZONING CHANGES AND AMENDMENTS HEREIN MADE; 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 THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE
DATE.
No one spoke during the public hearing.
Motion was made to approve Ordinance No. 480-465a, 2nd Reading (ZA06-137), Zoning Change
and Revised Site Plan for Offices at Noble Oaks subject to the applicant's submission made
tonight with respect to the front door and to the walkway and including the landscape plan as
shown tonight.
Motion: Jones
Second: Terrell
Ayes: Hill, Jones, Morris, Muzyka, Terrell, Stansell
Nays: None
Approved: 6-0
Agenda Item No. 7E. ZA06-150, Revised Site Plan for Lot 7, Block 4Rl, Southlake Town
Square (Campania Pizza & More), located at 291 Grand Avenue. Current Zoning: DT
Downtown District. SPIN Neighborhood #8. Chief Planner Killough presented this item to
Council. Applicant Frank Bliss, 1008 Quail Run Road, Southlake, Texas, and restaurateurs
Dennis Rinehold and Miles Panela made a presentation and answered Council's questions.
REGULAR CITY COUNCIL MEETING MINUTES, OCTOBER 3, 2006
Page 6 of 12
No one spoke during the public hearing.
Motion was made to approve ZA06-150, Revised Site Plan for Lot 7, Block 4R1, Southlake
Town Square (Campania Pizza & More) subject to the recommendations of the Planning and
Zoning Commission.
Motion: Stansell
Second: Terrell
Ayes: Hill, Jones, Morris, Muzyka, Terrell, Stansell
Nays: None
Approved: 6-0
Agenda Item No. 7F. Resolution No. 06-062, (ZA06-151), Specific Use Permit for a mass
gathering for the Southlake Carroll Homecoming Parade located within Southlake Town Square
located between State Highway 114, East Southlake Boulevard, and east of North Carroll
Avenue. Current Zoning: DT Downtown District. SPIN Neighborhood #8. Director Baker
presented this item to Council. Applicants Elizabeth Bula, Student Council President, and Lara
Benedetti, Student Council Sponsor, made a presentation and answered Council's questions. 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 MASS GATHERING EVENT ON PROPERTY
WITHIN THE CITY OF SOUTHLAKE, TEXAS, LOCATED AT THE NORTHEAST
CORNER OF E. SOUTHLAKE BLVD. AND N. CARROLL AVENUE, BEING LEGALLY
DESCRIBED AS SOUTHLAKE TOWN SQUARE PHASE I, AN ADDITION TO THE CITY
OF SOUTHLAKE, TARRANT COUNTY, TEXAS, ACCORDING TO THE PLAT
RECORDED IN CABINET 'A', SLIDE 4892, PLAT RECORDS, TARRANT COUNTY,
TEXAS AND SOUTHLAKE TOWN SQUARE PHASE IV, AN ADDITION TO THE CITY
OF SOUTHLAKE, TARRANT COUNTY, TEXAS, ACCORDING TO THE PLAT
RECORDED IN CABINET 'A', SLIDES 10949 TO 10952, PLAT RECORDS, TARRANT
COUNTY, TEXAS, MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A",
AND AS DEPICTED ON THE APPROVED SITE EXHIBIT A TT ACHED HERETO AND
INCORPORATED HEREIN AS EXHIBIT "B" AND PROVIDING AN EFFECTIVE DATE.
No one spoke during the public hearing.
Motion was made to approve Resolution No. 06-062, (ZA06-151), Specific Use Permit for a
mass gathering for the Southlake Carroll Homecoming Parade for a three-year period as long as
the scope does not change.
Motion: Terrell
Second: Jones
Ayes: Hill, Jones, Morris, Muzyka, Terrell, Stansell
Nays: None
Approved: 6-0
REGULAR CITY COUNCIL MEETING MINUTES, OCTOBER 3, 2006
Page 7 of 12
Agenda Item No. 7G. Ordinance No. 900, 1st Reading, Establishing a Municipal Stormwater
(Drainage) Utility System. Director Price presented this item simultaneously with item 7H.
Council discussed this ordinance.
Mayor Pro Tem Morris opened the public hearings for both items 7G and 7H.
The following people spoke in support:
Brad Tribble, 716 Nettleton Drive, Southlake, Texas;
David Baltimore, 1368 Holland Hill, Southlake, Texas;
Paul Rielly, 1207 Powder River Trail, Southlake, Texas; and,
Paul Spain, 2200 Estes Park Drive, Southlake, Texas.
Dan Tanksley, 1384 Lakeview Drive, Southlake, Texas, did not speak but recorded his support.
Council continued their discussion of this item.
Motion was made to approve Ordinance No. 900, 1st Reading, Establishing a Municipal
Stormwater (Drainage) Utility System specifically exempting the school districts within the
Southlake city limits; exempting senior and disabled citizens who prove a hardship, with staff
further defining those issues by the second reading; and exempting the City of Southlake.
Motion: Terrell
Second: Jones
Ayes: Hill, Jones, Morris, Muzyka, Terrell, Stansell
Nays: None
Approved: 6-0
Agenda Item No. 7H. Ordinance No. 90L 1 st Reading, Establishing Monthly Stormwater Utility
Fees for the purpose of funding stormwater (drainage) proiects as authorized by law. Director
Price presented this item simultaneously with item 7H. Council discussed this item.
Motion was made to approve Ordinance No. 901, 1st Reading, Establishing Monthly Stormwater
Utility Fees for the purpose of funding stormwater (drainage) projects as authorized by law
establishing a fee of $8.00.
Motion: Terrell
Second: Stansell
Deputy Mayor Pro Tem Terrell asked staff to provide City Council with details of what the $8.00
fee represents before second reading.
Ayes:
Nays:
Approved:
Hill, Jones, Morris, Muzyka, Terrell, Stansell
None
6-0
Mayor Pro Tem Morris called for a break at 8:27 p.m. and reconvened the meeting at 8:49 p.m.
REGULAR CITY COUNCIL MEETING MINUTES, OCTOBER 3, 2006
Page 8 of 12
Agenda Item No. 8A. Ordinance No. 903. 1st Reading. Amending the existing Franchise
Ordinance between the City of Southlake and TXU Electric Delivery Company. a Texas
Corporation. its successors and assigns. to provide for a different payment schedule. providing an
extension of the franchise term; providing for TXU Electric delivery acceptance. Director
Jackson presented this item to Council.
Motion was made to approve Ordinance No. 903, 1 st Reading, Amending the existing Franchise
Ordinance between the City of Southlake and TXU Electric Delivery Company, a Texas
Corporation, its successors and assigns, to provide for a different payment schedule, to provide
an extension of the franchise term; and to provide for TXU Electric delivery acceptance.
Motion: Stansell
Second: Terrell
Ayes: Hill, Jones, Morris, Muzyka, Terrell, Stansell
Nays: None
Approved: 6-0
Agenda Item No. 8B. Ordinance No. 480-503. 1st Reading (ZA06-119). Zoning Change and
Development Plan for proposed La Mirada. located at 1925 North Peytonville Avenue. Current
Zoning: RE Single Family Residential Estate District. Requested Zoning: R-PUD Residential
Planned Unit Development District. SPIN Neighborhood #11. Chief Planner Killough presented
this item to Council. Applicant Phillip Chaffins, 8841 Davis Boulevard, Keller, Texas, made a
presentation and answered Council's questions.
Mayor Pro Tern Morris allowed the public to speak.
Ray Chancellor, 890 Harbor Court, SoutWake, Texas, presented his concerns to City Council.
The following citizens spoke in opposition to the request:
Bob Catino, 935 Brittany Court, Southlake, Texas;
Elizabeth McCracken, 1305 Wakefield Court, Southlake, Texas;
Scott Mattheis, 955 Brittany Court, Southlake, Texas; and
Jeffrey Horn, 1145 Brittany Court, Southlake, Texas.
The following citizens filled out cards in opposition but did not wish to speak:
Michele Catino, 935 Brittany Court, Southlake, Texas;
Teri Horn, 1145 Brittany Court, Southlake, Texas; and,
Lynn O'Connor, 1035 Brittany Court, Southlake, Texas.
City Council continued to discuss this request.
Mayor Pro Tern Morris announced City Council would be going into Executive Session pursuant
to the Texas Government Code, Section 551.071, consultation with attorney. City Council
adjourned for Executive Session at 10:51 p.m. Executive Session began at 10:55 p.m. and ended
at 11: 11 p.m. Mayor Pro Tern Morris reconvened the meeting at 11: 16 p.m.
REGULAR CITY COUNCIL MEETING MINUTES, OCTOBER 3, 2006
Page 9 of 12
Motion was made to approve Ordinance No. 480-503, 1st Reading (ZA06-119), Zoning Change
and Development Plan for proposed La Mirada subject to Development Plan Review Summary
No.3, dated September 27, 2006; accepting the applicant's agreement to work with the
neighbors to develop a reasonable solution to the various concerns expressed particularly as it
relates to Lot 8; and prior to second reading, requiring the applicant to provide details regarding
the screening (i.e.: berm, fencing, etc.) on the north side of the development and details regarding
the buried utilities by showing their specific locations.
Motion: Stansell
Second: Hill
Ayes: Hill, Jones, Morris, Muzyka, Stansell
Nays: Terrell
Approved: 5-1
Agenda Item No. 8C. Ordinance No. 897, 1st Reading, Amending Chapter 18, Section 18-79 of
the Southlake City Code establishing a new speed limit on a portion of North Carroll Avenue and
on two portions of Kimball Avenue. Director Price presented this item to Council. Council
discussed the request and agreed to eliminate the proposed change on Carroll Avenue.
Motion was made to approve Ordinance No. 897, 1 st Reading, Amending Chapter 18, Section
18-79 of the Southlake City Code establishing a new speed limit on two portions of Kimball
Avenue as proposed.
Motion: Stansell
Second: Terrell
Ayes: Hill, Jones, Morris, Muzyka, Terrell, Stansell
Nays: None
Approved: 6-0
Agenda Item No. lOA. Consider SP06-412, Variance to Sign Ordinance No. 704-B for All Star
Orthopaedics and Sports Medicine located at 2362 East State Highway 114 in the Kimball
Square retail and office center. Director Baker presented this item to Council. Council discussed
this request.
Motion was made to approve SP06-412, Variance to Sign Ordinance No. 704-B for All Star
Orthopaedics and Sports Medicine located at 2362 East State Highway 114 in the Kimball
Square retail and office center as presented.
Motion: Stansell
Second: Muzyka
Ayes: Hill, Jones, Morris, Muzyka, Terrell, Stansell
Nays: None
Approved: 6-0
Agenda Item No. lOB. Consider SP06-336, Conditional Sign Permit for Shady Oaks Office Park,
located at 600-660 West Southlake Boulevard. Director Baker presented this item to Council.
Applicant Wade Strain answered Council's questions. Council discussed this request.
REGULAR CITY COUNCIL MEETING MINUTES, OCTOBER 3, 2006
Page 10 of 12
Motion was made to approve SP06-336, Conditional Sign Permit for Shady Oaks Office Park,
located at 600-660 West Southlake Boulevard, specifically as it relates to the three existing
directional signs, not the proposed signs.
Motion: Stansell
Second: Muzyka
Ayes: Hill, Jones, Morris, Muzyka, Terrell, Stansell
Nays: None
Approved: 6-0
Agenda Item No. IOC. Consider SP06-408, Variance to Sign Ordinance No. 704-B for Bethel
Methodist Church located at 190 South White Chapel Boulevard. Director Baker presented this
item to Council. Applicant Chuck Hall, 6504 Horseshoe Bend, Colleyville, Texas, answered
Council's questions. Council discussed this request.
Motion was made to approve SP06-408, Variance to Sign Ordinance No. 704-B for Bethel
Methodist Church located at 190 South White Chapel Boulevard reducing the size of the sign to
5' X 8' and requiring the applicant to remove the sign upon relocating or 18 months, whichever
is earlier.
Motion:
Second:
Ayes:
Nays:
Approved:
Terrell
Stansell
Hill, Jones, Morris, Muzyka, Terrell, Stansell
None
6-0
Agenda Item No. IOD. Consider a contract with S & L Painting, Inc., for the painting of two
elevated water storage tanks at Bicentennial Park and at East Dove Avenue and North White
Chapel Boulevard. Director Price presented this item to Council. Council discussed this request.
Motion was made to approve a contract with S & L Painting, Inc., for the painting of two
elevated water storage tanks at Bicentennial Park and at East Dove Avenue and North White
Chapel Boulevard as presented.
Motion: Stansell
Second: Terrell
Ayes: Hill, Jones, Morris, Muzyka, Terrell, Stansell
Nays: None
Approved: 6-0
Agenda Item No. IOE. Consider a contract with Williams Paint and Sandblasting Company for
the painting of two ground water storage tanks (Pearson No. I-Exterior and Pearson No. 2-
Interior). Director Price presented this item to Council. Council discussed this request.
Motion was made to approve a contract with Williams Paint and Sandblasting Company for the
painting of two ground water storage tanks (Pearson No. I-Exterior and Pearson No.2-Interior)
as presented.
Motion:
Second:
Stansell
Terrell
REGULAR CITY COUNCIL MEETING MINUTES, OCTOBER 3, 2006
Page 11 of 12
Ayes:
Nays:
Approved:
Hill, Jones, Morris, Muzyka, Terrell, Stansell
None
6-0
Deputy Mayor Pro Tern Terrell thanked Ms. Linda Rose and her students at Carroll High School
for the video they produced for the 50th anniversary celebration. City Council agreed they did a
great job on it.
Agenda Item No. 12. Adjournment. Mayor Pro Tern Morris adjourned the meeting at 12:30 a.m.
*An audio recording of this meeting will be permanently retained in the City Secretary's
Office.
~4~
C lyn Moms
Mayor Pro Tern
Lori A. Farwell, TRMC
City Secretary
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