2009-09-01 Regular CC Meeting
CITY OF
SOUTHLAK,E
TEXAS
REGULAR CITY COUNCIL MEETING: SEPTEMBER 1, 2009
LOCATION: 1400 Main Street, Southlake, Texas 76092
Council Chambers in Town Hall
WORK SESSION: 5:30 P.M.
1. Call to order.
2. Invocation: Margy Gore, Chaplain of the Month
3. FY2010 proposed budget - multi-year outlook
4. Discuss all items on tonight's meeting agenda. No action will be taken and each
item will be considered during the Regular Session.
REGULAR SESSION: 6:30 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 subiect matter of
this City Council meeting.
1. Section 551.071: Consulation with city attorney
a. Seek advice from the city attorney regarding the Prade
Estate.
b. Seek advice from the city attorney on potential water
damage claim.
2. Section 551.072: Deliberation regarding real property
a. Discuss the potential purchase or lease of real property for
city facilities.
3. Section 551.087: Deliberation regarding economic
development negotiations
a. Economic incentives for businesses.
B. Reconvene: Action necessary on items discussed in Executive Session.
City of Southlake values:
Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork
City of Southlake
City Council meeting agenda
September 1, 2009
Page 2 of 6
3. REPORTS:
A. Mayor's Report
1. Update of upcoming meetings and events
2. Special recognition of Girl Scout Troop 4025 members for receiving
Presidential Volunteer Service Awards
3. Proclamation for Polycystic Kidney Disease Awareness Month
B. City Manager's Report
C. Library Board Report
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.
4. Consent:
A. Approve minutes from the August 18, 2009 regular City Council meeting.
B. This item was intentionally left blank.
C. Approve Ground and Water Tower Leases for Bicentennial and Florence
water towers with Clearwire.
D. Approve Change Order No. 2 for additional water line and storm drain
improvements to the existing construction contract for Dove Road
Intersection and Drainage Improvements with Quality Excavation, Ltd. in
the amount of $240,943.27.
E. Approve Change Order No. 1 for electrical modifications to the existing
construction contract for the Wholesale Meter Station Improvements with
Legacy Contracting, LP in the amount of $53,331.64.
F. Resolution No. 09-053, Electing to participate in the PARS Public
Agencies Post-retirement Health Care Plan Trust, and designating a Plan
Administrator.
G. Ordinance No. 598-D and related exhibits, 1St Reading, revising aspects of
the Southlake Program for the Involvement of Neighborhoods (SPIN)
neighborhood representation and replacing Ordinance No. 598-C. (If
approved on first reading, the public hearing will held be on September 15,
2009.)
H. Approve a Community Events Participation Agreement with Southlake
Chamber of Commerce for the 2009 Oktoberfest event.
City of Southlake values.
Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork
City of Southlake
City Council meeting agenda
September 1, 2009
Page 3 of 6
1. ZA08-057, Plat Showing Extension for Lots 9-12, J.H. Childress No. 254
Addition on property located at 3010 Lake Drive. Current Zoning: SF-20B
Single Family Residential District. SPIN Neighborhood #3. Request for
extension to September 1, 2010.
REGULAR AGENDA:
5. Public Forum. (The Public Forum will not begin prior to 7:30 p.m.)
6. Ordinances, second readings, public hearings, and related items.
A. Ordinance No. 733-A, 2nd Reading, Approve a speed limit ordinance
amending Section 18-80 of the Southlake City Code revising the location
of school crossing zones. PUBLIC HEARING
B. Ordinance No. 480-590 (ZA09-032), 2nd Reading, Zoning Change and Site
Plan for Carroll ISD Middle School on property being described as a
portion of Tract 1, a portion of Tract 2A, a portion of Tract 2131 and a
portion of Tract 3, Thomas Mahan Survey, Abstract No. 1049 and being
located at 1801 East Highland Street. Current Zoning: AG Agricultural.
Requested Zoning: S-P-1 Detailed Site Plan District. SPIN Neighborhood
#4. PUBLIC HEARING
C. Resolution No. 09-054 (CP09-001), Amendment to the City's Master Plan
proposing a change in the Land Use Designation from Low Density
Residential to Medium Density Residential, on property described as Tract
2C05, A.H. Chivers Survey, Abstract No. 299 located at 1030 Primrose
Lane. Current Zoning: AG Agricultural District. Proposed Zoning: SF-20A
Single-Family Residential District. SPIN Neighborhood #3. PUBLIC
HEARING
D. Resolution No. 09-055 (CP09-002), Amendment to the City's Master Plan
proposing a change in the Land Use Designation from Low Density
Residential to Medium Density Residential, on properties described as
Tracts 2, 213, 21301, and 2C04A, A.H. Chivers Survey, Abstract No. 299
and Lots 3 and 7, A.H. Chivers No. 299 Addition located at 1080, 1086,
1090 and 1100 Primrose Lane and 1900 North Carroll Avenue. Current
Zoning: SF-20A Single Family Residential District, SF-30 Single Family
Residential District and AG Agricultural District. SPIN Neighborhood #3.
PUBLIC HEARING
E. Ordinance No. 480-589 (ZA09-021), 2nd Reading, Zoning Change and
Concept Plan for Lots 5 and 6, Block 1, Primrose Lane, on property being
described as Tract 2C5, A.H. Chivers Survey, Abstract No. 299 and being
located at 1030 Primrose Lane. Current Zoning: AG Agricultural District.
City of Southlake values:
Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork
City of Southlake
City Council meeting agenda
September 1, 2009
Page 4 of 6
Requested Zoning: SF-20A Single-Family Residential District. SPIN
Neighborhood # 3. PUBLIC HEARING
F. Ordinance No. 962, 1St Reading, Approving and adopting the Annual
Budget for the Fiscal Year 2010 and approving the revised budget figures
for the Fiscal Year 2009 and Multi-year Capital Improvements Plan.
FIRST PUBLIC HEARING
G. Ordinance No. 963, 1St reading, Tax Levy Ordinance. FIRST PUBLIC
HEARING
H. Adopt the FY 2010 Crime Control and Prevention District Operating
Budget and Multi-year Capital Improvements Plan.
7. Ordinances, first readings, and related items:
A. Ordinance No. 641-A, 1St Reading, Approve revisions to the floodplain
ordinance. (If approved on first reading, the public hearing will held be on
September 15, 2009.)
8. Resolutions: (There are no items on this agenda.)
9. Other items for consideration:
A. This item intentionally left blank.
B. Consider SV09-016, Variance to Sign Ordinance No. 704, as amended,
for Alamo Title Company located at 700 East Southlake Boulevard, Suite
150.
10. Other items for discussion: (There are no items on this agenda.)
11. 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, August 28, 2009, by 6:00 p.m.,
pursuant to the Texas Government Code, Chapter 551.
Lori Payne, TRM 0
City Secretary
If you plan to attend this public)roeeti g°and,J )e a disability that requires special needs, please
advise the City Secretary's oflf6ge 48 uri in advance at 817-748-8016 and reasonable
accommodations will be made"fo, as-*11`0®
roua'~+'°"++c+++aoag'tia
City of Southlake values:
Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork
City of Southlake
City Council meeting agenda
September 1, 2009
Page 5 of 6
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 . Michael Kenny vs. City of Southlake. April 2008.
2. Jayson Steele vs. City of Southlake. August 2008.
Section 551.072: Deliberation regardinq 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 gift 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.
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(fl: 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
City of Southlake values.
Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork
City of Southlake
City Council meeting agenda
September 1, 2009
Page 6 of 6
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 418.106(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 values:
Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork
CITY OF
SOUTH LAKE
TEXAS
REGULAR CITY COUNCIL MEETING MINUTES: SEPTEMBER 1.2009
LOCATION: 1400 Main Street, Southlake, Texas
City Council Chambers
CITY COUNCIL PRESENT: Mayor John Terrell, Mayor Pro Tern Virginia M. Muzyka,
Deputy Mayor Pro Tern Laura K. Hill, and Councilmembers Brandon Bledsoe, Gregory
Jones, Carolyn Morris, and Pamela A. Muller.
CITY COUNCIL ABSENT: None.
STAFF PRESENT: City Manager Shana Yelverton, Assistant City Manager / Director of
Public Safety Jim Blagg, Assistant City Manager Ben Thatcher, Assistant to the City
Manager Alison Orlowski, Community Relations Officer Pilar Schank, Director of
Community Services Chris Tribble, Deputy Director of Community Services Kari
Happold, Deputy Director of Community Services Kerry McGeath, Recreation
Superintendent Steve Moore, Director of Economic Development Greg Last, Marketing
and Tourism Coordinator Jill Cherry, Director of Finance Sharen Jackson, Director of
Human Resources Kevin Hugman, Director of Information Technology Dale Dean,
Information Technology Technician Eric Lusk, Director of Planning and Development
Services Ken Baker, Chief Building Official Paul Ward, Planner II Clayton Comstock,
Planner I Daniel Cortez, Chief of Police Services Robert Finn, Chief of Fire Services
Mike Starr, Firefighter / Paramedic Lorin Bros, Fire Lieutenant Wade Carroll, Firefighter
/ Paramedic Paul Cook, Firefighter / Paramedic Jim Cox, Fire Drive / Engineer Joe
Crowder, Firefighter / Paramedic Ricky Davis, Fire Lieutenant Scott Estes, Firefighter /
Paramedic Ray Faglie, Firefighter / Paramedic Shane Freeman, DPS Analyst / EMS
Coordinator Colleen Gilmore, Fire Driver / Engineer Terry Hankins, Fire Driver /
Engineer Richard Hollis, Firefighter / Paramedic Frank Molinets, Fire Driver / Engineer
Tony Peyton, Fire Driver / Engineer Ryan Sessums, Firefighter / Paramedic David
Sizemore, Fire Lieutenant Marshall Urbanosky, Public Safety Officer Jeff Vogel, Fire
Driver / Engineer Jason Wise, Director of Public Works Robert Price, Deputy Director of
Public Works Gordon Mayer, Civil Engineer Michael James, Civil Engineer Michelle
McCullough, Civil Engineer Cheryl Taylor, City Attorney Tim Sralla, and City Secretary
Lori Payne.
WORK SESSION:
Agenda Item No. 1. Call to order. The work session was called to order by Mayor Terrell
at 5:39 p.m.
REGULAR CITY COUNCIL MEETING MINUTES, SEPTEMBER 1, 2009
Page 1 of 10
Agenda Item No. 2. Invocation. Chaplain of the Month, Margy Gore, gave the
invocation. Mayor Terrell led the pledge of allegiance.
Agenda Item No. 3. FY2010 proposed budget - multi-year outlook. This item was
presented and discussed later in the meeting.
Agenda Item No. 4. Discuss all items on tonight's meeting agenda. Council reviewed
the consent agenda items. Item 7A was added to the Consent Agenda.
Mayor Terrell closed the work session at 5:56 p.m.
REGULAR SESSION:
Agenda Item No. 1. Call to order. The regular session of the City Council was called to
order by Mayor Terrell at 5:56 p.m.
Aqenda Item No. 2A. Executive Session. Mayor Terrell announced City Council would
be going into Executive Session pursuant to the Texas Government Code Section
551.071, consultation with city attorney; 551.072, deliberation regarding real property;
and Section 551.087, deliberation regarding economic development negotiations. City
Council adjourned for Executive Session at 5:56 p.m. Executive Session began at 6:18
p.m. and ended at 7:12 p.m.
Aqenda Item No. 2B. Reconvene. Mayor Terrell reconvened the regular meeting at 7:24
p.m. and asked if any action was necessary from Executive Session. No action was
necessary.
Agenda Item No. 3A1. Mayor's Report - Update of upcoming meetings and events.
Mayor Terrell announced upcoming meetings and events, including information on
National Preparedness Month.
Agenda Item No. 3A2. Special recognition of Girl Scout Troop 4025 members for
receiving Presidential Volunteer Service Awards. Mayor Terrell introduced LizAnn
Cundall who spoke about the Troop members' volunteer service. Mayor Terrell
presented the following Girl Scouts with letters of thanks: Nicole Choate, Ruthie
Johnson, Peyton Roennau, Ciara McMurray, Amy Turner, Kiana Truesdale, LeeAnn
Rasmussen, Sonja Loy, Shelby Brown, Jasmine Horne, Lizzie Kemins, Kat Swearingen,
Courtney Cundall, and Elissa Dunlap.
Agenda Item No. 3A3. Proclamation for Polycystic Kidney Disease Awareness Month.
Councilmember Morris presented information pertaining to the PKD Walk on September
26, 2009. Mayor Terrell presented proclamations to Carolyn McLean and Lauren
MacMillan.
Agenda Item No. 3B. City Manager's Report. A report was not given.
REGULAR CITY COUNCIL MEETING MINUTES, SEPTEMBER 1, 2009
Page 2 of 10
Agenda Item No. 3C. Library Board Report. A written report was provided to Council.
Councilmember Morris thanked the staff, Library Board and volunteers for their hard
work. She said she was very impressed on the information provided regarding use and
volunteer rates.
CONSENT AGENDA: Consent agenda items are considered to be routine by the City
Council and are enacted with one motion. Council added item 7A to the consent
agenda.
Agenda Item No. 4A. Approve minutes from the August 18, 2009 regular City Council
meeting. The minutes were approved as presented.
Agenda Item No. 4B. This item was intentionally left blank.
Agenda Item No. 4C. Approve Ground and Water Tower Leases for Bicentennial and
Florence water towers with Clearwire. A presentation was not made on this item.
Agenda Item No. 4D. Approve Change Order No. 2 for additional water line and storm
drain_ improvements to the existing construction contract for Dove Road Intersection and
Drainage Improvements with Quality Excavation, Ltd. in the amount of $240,943.27. A
presentation was not made on this item.
Agenda Item No. 4E. Approve Change Order No. 1 for electrical modifications to the
existinq construction contract for the Wholesale Meter Station Improvements with
Legacy Contracting, LP in the amount of $53,331.64. A presentation was not made on
this item.
Agenda Item No. 4F. Resolution No. 09-053, Electing to participate in the PARS Public
Agencies Post-retirement Health Care Plan Trust, and designating a Plan Administrator.
A presentation was not made on this item. 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,
ELECTING TO PARTICIPATE IN THE PARS PUBLIC AGENCIES POST-
RETIREMENT HEALTH CARE PLAN TRUST; DESIGNATING A PLAN
ADMINISTRATOR; AND PROVIDING AN EFFECTIVE DATE.
Agenda Item No. 4G. Ordinance No. 598-D and related exhibits, 1St Reading revising
aspects of the Southlake Program for the Involvement of Neighborhoods (SPIN)
neighborhood representation and replacing Ordinance No. 598-C. Assistant to the City
Manager Orlowski answered Council's questions on this item during the work session.
Agenda Item No. 4H. Approve a Community Events Participation Agreement with
Southlake Chamber of Commerce for the 2009 Oktoberfest event. City Manager
Yelverton, Director Last and Marketing and Tourism Coordinator Cherry answered
Council's questions on this item during the work session.
REGULAR CITY COUNCIL MEETING MINUTES, SEPTEMBER 1, 2009
Page 3 of 10
Agenda Item No. 41. ZA08-057, Plat Showing Extension for Lots 9-12, J.H. Childress
No. 254 Addition on property located at 3010 Lake Drive. Current Zoning: SF-20B
Single Family Residential District. SPIN Neighborhood #3. Request for extension to
September 1, 2010. A presentation was not made on this item.
Agenda Item No. 7A. Ordinance No. 641-A, 1St Reading, Approve revisions to the
floodplain ordinance. A presentation was not made on this item.
Motion was made to approve consent agenda items 4A; 4C; 4D; 4E; 4F; 4G; 4H; 41; and
7A.
Motion: Muzyka
Second: Hill
Ayes: Bledsoe, Hill, Jones, Morris, Muller, Muzyka, Terrell
Nays: None
Approved: 7-0
REGULAR AGENDA:
Agenda Item No. 5. Public Forum. Mayor Terrell opened the public forum.
Jeff Hauser, 911 Emerald Boulevard, Southlake, Texas along with his wife, Tamara,
and son, Ryan, spoke regarding a recent traffic accident involving Ryan. He discussed
the completion of public sidewalks and crosswalks in Southlake.
Tamara Hauser, 911 Emerald Boulevard, Southlake, Texas spoke regarding the
completion of public sidewalks and crosswalks in Southlake.
Ryan Sessums, President of the Southlake Fire Fighters Association Local 4243, spoke
in support of recent decisions made by City administration.
Council thanked Mr. Sessums and the fire fighters attending this evening's meeting for
their comments and for their continued support and teamwork.
Mayor Terrell closed the public forum.
Councilmember Jones left the meeting during the next item.
Agenda Item No. 6A. Ordinance No. 733-A, 2nd Reading, Approve a speed limit
ordinance amending Section 18-80 of the Southlake City Code revising the location of
school crossing zones. Director Price presented this item to Council.
In accordance with Section 4.21 of the City Charter, the caption for this item is listed as
follows:
REGULAR CITY COUNCIL MEETING MINUTES, SEPTEMBER 1, 2009
Page 4 of 10
AN ORDINANCE AMENDING SECTION 18-80 OF THE SOUTHLAKE CITY CODE
(1999), AS AMENDED BY REVISING THE LOCATION OF SCHOOL CROSSING
ZONES WHICH HAVE A 20 MPH SPEED LIMIT, AND REVISING THE DESIGNATED
HOURS OF THE SCHOOL ZONE; 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. 733-A, 2nd Reading, Approve a speed limit
ordinance amending Section 18-80 of the Southlake City Code revising the location of
school crossing zones.
Motion: Hill
Second: Muzyka
Ayes: Bledsoe, Hill, Morris, Muller, Muzyka, Terrell
Nays: None
Approved: 6-0
Agenda Item No. 6B. Ordinance No. 480-590 (ZA09-032), 2nd Reading, Zoning Change
and Site Plan for Carroll ISD Middle School on property being described as a portion of
Tract 1, a portion of Tract 2A, a portion of Tract 2131 and a portion of Tract 3, Thomas
Mahan Survey, Abstract No. 1049 and being located at 1801 East Highland Street.
Current Zoning: AG Agricultural. Requested Zoning: S-P-1 Detailed Site Plan District.
SPIN Neighborhood #4. Director Baker presented this item to Council. CISD
Representative, Dr. Derek Citty, 3051 Dove Road, Grapevine, Texas, along with
consultants John Blacker with Hart, Gaugler & Associates, John Haugen with NATEX
and Shane Garthoff with Garthoff Design made a presentation and answered Council's
questions. Council discussed this request.
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 DESCRIBED AS A PORTION OF
TRACT 1, A PORTION OF TRACT 2A, A PORTION OF TRACT 2131, AND A PORTION
OF TRACT 3, THOMAS MAHAN SURVEY, ABSTRACT NO. 1049, CITY OF
SOUTHLAKE, TARRANT COUNTY, TEXAS, BEING APPROXIMATELY 24.935
ACRES AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM
"AG" AGRICULTURAL DISTRICT TO "S-P-1" DETAILED SITE PLAN DISTRICT WITH
"CS" COMMUNITY SERVICE DISTRICT USES, AS DEPICTED ON THE APPROVED
SITE PLAN ATTACHED HERETO AND INCORPORATED HEREIN AS EXHIBIT "B",
SUBJECT TO THE SPECIFIC REQUIREMENTS CONTAINED IN THIS ORDINANCE;
REGULAR CITY COUNCIL MEETING MINUTES, SEPTEMBER 1, 2009
Page 5 of 10
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. 480-590 (ZA09-032), 2nd Reading, Zoning
Change and Site Plan for Carroll ISD Middle School noting the request is for S-P-1
zoning and will follow the CS uses and regulations with the exceptions as noted: height
as presented, fagade / articulation as presented, off-street loading as presented, and
requiring fencing to be as noted: CISD will install an 8-foot black-coated chain link fence
(granting latitude on the color of the fence to the CISD Board of Trustees) and an 8-foot
wood fence where noted on the plan and stating that CISD has committed to following
the City's property maintenance standards that are followed by the City of Southlake
and, in the future, stating that CISD has agreed that as the property next door develops
any changes in fencing materials will be evaluated by all property owners and city staff
and will be compatible with what is existing, and subject to Site Plan Review Summary
No. 3, dated August 25, 2009 and allowing the following variances as presented: type of
lighting for the athletic fields and tennis courts, maximum light intensity, maximum
vertical spillover, and driveway stacking.
Motion: Hill
Second: Muzyka
Ayes: Bledsoe, Hill, Morris, Muller, Muzyka, Terrell
Nays: None
Approved: 6-0
Aqenda Item No. 6C. Resolution No. 09-054 (CP09-001), Amendment to the City's
Master Plan proposing a change in the Land Use Designation from Low Density
Residential to Medium Density Residential, on property described as Tract 2C05, A.H.
Chivers Survey, Abstract No. 299 located at 1030 Primrose Lane. Current Zoning: AG
Agricultural District. Proposed Zoning: SF-20A Single-Family Residential District. SPIN
Neighborhood #3. Planner Cortez presented this item in conjunction with items 6D and
6E. Applicant Paul Spain with Terra Land Management, 395 West Northwest Parkway,
Southlake, Texas 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,
AMENDING THE CONSOLIDATED 2005 FUTURE LAND USE PLAN, AN ELEMENT
OF THE SOUTHLAKE 2025 PLAN, THE CITY'S COMPREHENSIVE MASTER PLAN.
REGULAR CITY COUNCIL MEETING MINUTES, SEPTEMBER 1, 2009
Page 6 of 10
No one spoke during the public hearing.
Councilmember Muller commented that while Council typically keeps SF-30 zoning next
to SF-1A zoning but recognizing the fact that two adjacent property owners have not
responded and one has responded in support of this request and with the transition and
the uniqueness of this property, she has no trouble with this zoning change.
Motion was made to approve Resolution No. 09-054 (CP09-001), Amendment to the
City's Master Plan proposing a change in the Land Use Designation from Low Density
Residential to Medium Density Residential on property located at 1030 Primrose Lane.
Motion: Hill
Second: Muzyka
Ayes: Bledsoe, Hill, Morris, Muller, Muzyka, Terrell
Nays: None
Approved: 6-0
Agenda Item No. 6D. Resolution No. 09-055 (CP09-002), Amendment to the City's
Master Plan proposing a change in the Land Use Designation from Low Density
Residential to Medium Density Residential, on properties described as Tracts 2, 2B,
21301, and 2C04A, A.H. Chivers Survey, Abstract No. 299 and Lots 3 and 7, A.H.
Chivers No. 299 Addition located at 1080, 1086, 1090 and 1100 Primrose Lane and
1900 North Carroll Avenue. Current Zoning: SF-20A Single Family Residential District,
SF-30 Single Family Residential District and AG Agricultural District. SPIN
Neighborhood #3. Planner Cortez presented this item in conjunction with items 6C and
6E. Applicant Paul Spain with Terra Land Management, 395 West Northwest Parkway,
Southlake, Texas 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,
AMENDING THE CONSOLIDATED 2005 FUTURE LAND USE PLAN, AN ELEMENT
OF THE SOUTHLAKE 2025 PLAN, THE CITY'S COMPREHENSIVE MASTER PLAN.
No one spoke during the public hearing.
Motion was made to approve Resolution No. 09-055 (CP09-002), Amendment to the
City's Master Plan proposing a change in the Land Use Designation from Low Density
Residential to Medium Density Residential on properties located at 1080, 1086, 1090
and 1100 Primrose Lane and 1900 North Carroll Avenue.
Motion: Hill
Second: Muzyka
Ayes: Bledsoe, Hill, Morris, Muller, Muzyka, Terrell
Nays: None
Approved: 6-0
REGULAR CITY COUNCIL MEETING MINUTES, SEPTEMBER 1, 2009
Page 7 of 10
Agenda Item No. 6E. Ordinance No. 480-589 (ZA09-021), 2"d Reading, Zoning Change
and Concept Plan for Lots 5 and 6, Block 1, Primrose Lane, on property being
described as Tract 2C5 A.H. Chivers Survey, Abstract No. 299 and being located at
1030 Primrose Lane. Current Zoning: AG Agricultural District. Requested Zoning: SF-
20A Single-Family Residential District. SPIN Neighborhood #3. Planner Cortez
presented this item in conjunction with items 6C and 6D. Applicant Paul Spain with
Terra Land Management, 395 West Northwest Parkway, Southlake, Texas 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 DESCRIBED AS TRACT 2C05,
A.H. CHIVERS SURVEY, ABSTRACT NO. 299, SOUTHLAKE, TARRANT COUNTY,
TEXAS BEING APPROXIMATELY 0.986 ACRES AND MORE FULLY AND
COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "AG" AGRICULTURAL DISTRICT
TO "SF-20A" SINGLE-FAMILY RESIDENTIAL DISTRICT, 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 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. 480-589 (ZA09-021), 2nd Reading, Zoning
Change and Concept Plan for Lots 5 and 6, Block 1, Primrose Lane subject to Concept
Plan Review Summary No. 2, dated July 10, 2009 with the variances as noted.
Motion: Muzyka
Second: Hill
Ayes: Bledsoe, Hill, Morris, Muller, Muzyka, Terrell
Nays: None
Approved: 6-0
Agenda Item No. 6F. Ordinance No. 962, 1St Reading, Approving and adopting the
Annual Budget for the Fiscal Year 2010 and approving the revised budget figures for the
Fiscal Year 2009 and Multi-year Capital Improvements Plan. City Manager Yelverton,
REGULAR CITY COUNCIL MEETING MINUTES, SEPTEMBER 1, 2009
Page 8 of 10
Director Jackson, Assistant City Manager Thatcher, Director Price, Director Tribble and
Assistant City Manager / Director Blagg presented items 6F, 6G, and 6H to Council.
Council discussed these items.
No one spoke during the public hearing.
Motion was made to approve Ordinance No. 962, 1St Reading, Approving and adopting
the Annual Budget for the Fiscal Year 2010 and approving the revised budget figures for
the Fiscal Year 2009 and Multi-year Capital Improvements Plan.
Motion: Hill
Second: Muzyka
Ayes: Bledsoe, Hill, Morris, Muller, Muzyka, Terrell
Nays: None
Approved: 6-0
Agenda Item No. 6G. Ordinance No. 963, 1St reading, Tax Levy Ordinance. City
Manager Yelverton, Director Jackson, Assistant City Manager Thatcher, Director Price,
Director Tribble and Assistant City Manager / Director Blagg presented items 6F, 6G
and 6H to Council. Council discussed these items.
No one spoke during the public hearing.
Motion was made to approve Ordinance No. 963, 1St reading, Tax Levy Ordinance.
Motion: Hill
Second: Muzyka
Ayes: Bledsoe, Hill, Morris, Muller, Muzyka, Terrell
Nays: None
Approved: 6-0
Agenda Item No. 6H. Adopt the FY 2010 Crime Control and Prevention District
Operating Budget and Multi-year Capital Improvements Plan. City Manager Yelverton,
Director Jackson, Assistant City Manager Thatcher, Director Price, Director Tribble and
Assistant City Manager / Director Blagg presented items 6F, 6G and 6H to Council.
Council discussed these items.
No one spoke during the public hearing.
Motion was made to adopt the FY 2010 Crime Control and Prevention District Operating
Budget and Multi-year Capital Improvements Plan.
Motion: Hill
Second: Muzyka
Ayes: Bledsoe, Hill, Morris, Muller, Muzyka, Terrell
Nays: None
Approved: 6-0
REGULAR CITY COUNCIL MEETING MINUTES, SEPTEMBER 1, 2009
Page 9 of 10
Agenda Item No. 9B. Consider SV09-016, Variance to Sign Ordinance No. 704, as
amended, for Alamo Title Company located at 700 East Southlake Boulevard, Suite
150. Director Baker presented this item to Council. Applicant Sandy Sidwell, 700 East
Southlake Boulevard, Southlake, Texas answered Council's questions. David Flory with
Willow Creek Signs, 2633 Blue Mound Road West, Haslet, Texas was also available to
answer questions. Council discussed this request.
Motion was made to deny SV09-016, Variance to Sign Ordinance No. 704, as
amended, for Alamo Title Company located at 700 East Southlake Boulevard, Suite
150.
Motion: Hill
Second: Muzyka
Ayes: Bledsoe, Hill, Morris, Muller, Muzyka, Terrell
Nays: None
Approved: 6-0 (to deny)
Agenda Item No. 11. Meeting adjourned. Mayor Terrell adjourned the meeting at 9:53
p.m.
*An audio recording of this meeting will be permanently retained in the City
Secretary's Office.
John Terre
Mayor
ATTEST: Lori Payne ° N
e •
City Secretary
r
REGULAR CITY COUNCIL MEETING MINUTES, SEPTEMBER 1, 2009
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