2010-04-06 Regular CC Meeting
CITY OF
S0UTHLA1<,E
TEXAS
REGULAR CITY COUNCIL MEETING: APRIL 6. 2010
LOCATION: 1400 Main Street, Southlake, Texas 76092
Council Chambers in Town Hall
WORK SESSION: 5:30 P.M.
1. Call to order.
2. Invocation: Clayton Reed, Chaplain of the Month
3. Recognition of the Southlake Department of Public Safety, Fire Services Division,
for receipt of Accreditation status.
4. Presentation to Chief Robert P. Steele (Ret.) thanking him for his service.
5. Building Services Award, Proclamation and proposed Safety Program.
6. Discuss Twin Creeks Neighborhood Sewer Program Project.
7. 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: Consultation with attorney
a. Seek advice of the city attorney regarding gas drilling and
production and gas utility companies.
b. Seek advice of the city attorney regarding the Highland
Street paving and water system improvements contract.
2. Section 551.072: Deliberation regarding real property
a. Discuss the potential purchase or lease of real property for
city facilities.
3. Section 551.074: Deliberation regarding personnel matters
City of Southlake values:
Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork
City of Southlake
City Council meeting agenda
April 6, 2010
Page 2 of 7
a. Deliberation of appointments of city board and commission
members.
4. Section 551.087: Deliberation regarding economic
development negotiations
a. Economic incentives for businesses.
B. Reconvene: Action necessary on items discussed in Executive Session.
3. REPORTS:
A. Mayor's Report
1. Update of upcoming meetings and events
2. Kiwanis 5K Run for the Kids
B. City Manager's Report
1. Employee Banquet award winners
C. Arts Council Report
D. Historical Society Report
E. Local Business 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 March 2, 2010 regular City Council meeting and
from the March 29, 2010 special City Council meeting.
B. Resolution No. 10-011A, Amend Resolution No. 10-011, which called for a
General Election to be held May 8, 2010, by approving contracts for
election services with Tarrant County Elections Administration and Denton
County Elections Administration. (Resolucion NO 10-011A, enmienda a la
Resolucion NO 10-011, que convocd a las Elecciones Generales del 8 de
mayo del 2010, mediante la aprobacion de contratos de servicios
electorales con la Administracion Electoral del Condado de Tarrant y la
Administracion Electoral del Condado de Denton.)
C. Resolution No. 10-016, Authorize the city attorney to bring condemnation
action for the purpose of obtaining street right-of-way for the purpose of
construction and maintenance of North Kimball Avenue located in the S.
Freemen Survey, Abstract No. 525, located at 603 North Kimball Avenue.
D. Resolution No. 10-017, Authorize the city attorney to bring condemnation
action for the purpose of obtaining street right-of-way for the purpose of
City of Southlake values:
Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork
City of Southlake
City Council meeting agenda
April 6, 2010
Page 3of7
construction and maintenance of North Kimball Avenue located in Lot 5,
Block 1, Mesco Addition, located at 2150 East State Highway 114.
E. Approve Change Order No. 3 with Quality Excavation, Ltd. for unit 1
reconciliation and unit 2 revised construction phasing in the amount of
$195,081.13 for the Dove Road intersection and drainage improvement
project.
F. Approve an annual software support and maintenance agreement to Tyler
Technologies in the amount of $63,941.
G. Approve renewal of and amendment to contract with American Landscape
Systems for landscape maintenance services in the amount of $95,445.
H. Approve renewal of and amendment to contracts with TruGreen LandCare
for landscape maintenance services in the amount of $145,865.26.
1. Consider SV10-006, Variance to Sign Ordinance No. 704, as amended,
for City of Southlake Green Revolution at Bob Jones Nature Center
located at 355 East Bob Jones Road.
J. Approve a consulting agreement with TIP Strategies, Inc. in the amount of
$75,000 for preparation of an Economic Development and Tourism
Strategic Plan, an element of the Southlake 2030 Plan.
K. Ordinance No. 972, 1St Reading, Authorizing the issuance of Tax and
Sewer Revenue Certificates of Obligation, Series 2010. THIS ITEM AND
THE PUBLIC HEARING HAVE BEEN TABLED TO THE APRIL 20, 2010
CITY COUNCIL MEETING. (This is the 1St time this item has been tabled.)
L. Resolution No. 10-013 (ZA09-066), Specific Use Permit for Carports for
Non-Residential Property for Construction Management Advisors on
property being described as Lot 4R7R1, Green Meadow Subdivision, and
being located at 2250 East Continental Boulevard. Current Zoning: 11
Light Industrial District. SPIN Neighborhood #8. THE APPLICANT
REQUESTED TO TABLE THIS ITEM TO THE APRIL 20, 2010 CITY
COUNCIL MEETING. (This is the 2"d time this item has been tabled.)
M. Ordinance No. 480-549a, (ZA09-059), 2nd Reading, Zoning Change and
Site Plan for Invitation Park on property being described as Tracts 313,
31301 and a portion of 3D01, Obediah W. Knight Survey, Abstract No. 899
and being located at 821, 825 and 835 East Southlake Boulevard. Current
Zoning: S-P-1 Detailed Site Plan District. Proposed Zoning: S-P-1 Detailed
Site Plan District. SPIN Neighborhood #8. THIS ITEM HAS BEEN
WITHDRAWN BY THE APPLICANT.
City of Southlake values:
Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork
City of Southlake
City Council meeting agenda
April 6, 2010
Page 4 of 7
N. Consider SV09-017, Variance to Sign Ordinance No. 704, as amended,
for Carpet One located at 154 Bank Street. THE APPLICANT
REQUESTED TO TABLE THIS ITEM INDEFINITELY. (This is the 4th time
this item has been tabled.)
REGULAR AGENDA:
5. Public Forum. (The Public Forum will not begin prior to 7:00 p.m.)
6. Ordinances, second readings, public hearings, and related items:
A. Ordinance No. 969, 2nd Reading, Approve the Policy Ordinance Review
Committee revisions to Chapter 2 of the City Code regarding Senior
Advisory Commission and Southlake Youth Action Commission. PUBLIC
HEARING
B. Ordinance No. 970, 2nd Reading, Approve the Policy Ordinance Review
Committee revisions to Chapter 12 of the City Code regarding Parks and
Recreation. PUBLIC HEARING
7. Ordinances, first readings, and related items:
A. Ordinance No. 480-500a (ZA10-008), 1s' Reading, Zoning Change and
Site Plan for Miron Grove Office Park on property being described as
Block 1, Lot 4R1, Miron Subdivision and being located at 300 Miron Drive.
Current Zoning: S-P-2 Generalized Site Plan District. Proposed Zoning: S-
P-2 Generalized Site Plan District. SPIN Neighborhood # 8. (If approved at
first reading, the public hearing will be held April 20, 2010. )
B. Ordinance No. 480-593 (ZA09-075), 1St Reading, Zoning Change and
Development Plan for Shady Oaks subdivision on property being
described as Tract 11 D and portions of Tracts 11 and 11 D1, Thomas M.
Hood Survey, Abstract No. 706, and a portion of Lot CA2 and Lots CA3,
CA4, CAS, CA6, CA7, CAB, CA9, CA10, CA11, CA12, and CA 13, Shady
Oaks Phase 1A, and being located at 800, 820 and 1020 Shady Oaks
Drive and 600, 601, 620, 640, 700, 701, 750, 800, 801, 850, 900, 901
Sherwood Drive, and being approximately 35.662 acres. Current Zoning:
SF-20A Single-Family Residential District. Requested Zoning: RPUD
Residential Planned Unit Development District. SPIN Neighborhood #6. (If
approved at first reading, the public hearing will be held April 20, 2010.)
C. Ordinance No. 480-594 (ZA10-001), 1St Reading, Zoning Change and Site
Plan for a new Carroll ISD elementary school on property being described
as Lots 1 and 2, Stanford Place Addition and being located at 2520 and
2530 North White Chapel Boulevard. Current Zoning: SF-1A Single Family
City of Southlake values:
Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork
City of Southlake
City Council meeting agenda
April 6, 2010
Page 5 of 7
Residential District. Requested Zoning: S-P-1 Detailed Site Plan District.
SPIN Neighborhood #1. (If approved at first reading, the public hearing will
be held April 20, 2010.)
D. Ordinance No. 967, 1St Reading, Southlake 2030 Wayfinding Sign System
Plan. (If approved at first reading, the public hearing will be held April 20,
2010.)
8. Resolutions:
A. Resolution No. 10-015, Appoint members to fill two unexpired positions on
the Planning and Zoning Commission.
9. Other items for consideration:
A. Consider SV10-005, Variance to Sign Ordinance No. 704, as amended,
for Bethel Methodist Church located at 190 South White Chapel
Boulevard.
B. Consider termination of the contract with Municipal Construction, Inc. for
Highland Street Paving and Water System Improvements.
10. Other items for discussion:
A. Board and Commission appointments.
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, April 2, 2010, by 6:00 p.m.,
pursuant to the Texas Government Code, Chapter 551.
Lori Payne, TRM
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City Secretary
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✓ I ••Q e t
If you plan to attend this publii`imetf ~a disability that requires special needs, please
advise the City Secretary's Ofp ,79~djh&ve htours in advance at 817-748-8016 and reasonable
accommodations will be made to assist you.
City of Southlake values:
Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork
City of Southlake
City Council meeting agenda
April 6, 2010
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. Michael Kenny vs. City of Southlake. April 2008.
2. Jayson Steele vs. City of Southlake. August 2008.
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 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
April 6, 2010
Page 7 of 7
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
OFFICIAL RECORD
CI TY O F
S OUTHLAKE
TEXAS
REGULAR CITY COUNCIL MEETING MINUTES: APRIL 6, 2010
LOCATION: 1400 Main Street, Southlake, Texas
City Council Chambers
CITY COUNCIL PRESENT: Mayor John Terrell, Mayor Pro Tem Virginia M. Muzyka,
Deputy Mayor Pro Tem 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 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, Construction Manager Peter Kao, Director of Economic Development Greg
Last, Assistant Director of Finance Sean Leonard, Interim Director of Human Resources
Stacey Black, Director of Information Technology Dale Dean, Information SQL
Database Administrator Sam Cobb, Director of Planning and Development Services
Ken Baker, Planner II Clayton Comstock, Planner I Daniel Cortez, Chief Building Official
Paul Ward, Building Inspections Supervisor Eddie Wilson, Building Inspector John
Lesinski, Building Inspector Michael White, Plans Examiner Chuck Bloomberg, Plans
Examiner Skip Vandergrifft, Chief of Fire Services Mike Starr, Deputy Chief of Fire
Services Bryan Thomas, Lieutenant Michael Leonard, Lieutenant Shawn Fannan,
Lieutenant Wade Carroll, Engineer Ryan Sessums, Engineer Tony Peyton, Fire Fighter
Kelly Clements, Fire Fighter Trey Porter, Fire Fighter Jeffrey Vogel, Fire Fighter Randy
Mudd, Fire Fighter Shane Freeman, Fire Fighter John Ard, Fire Fighter Matthew Stacy,
Fire Fighter Randy Potter, Fire Fighter Scot Dymond, Chief of Police Services Robert
Finn, 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 5:32 p.m.
Agenda Item No. 2. Invocation. Chaplain of the Month, Clayton Reed, gave the
invocation. Mayor Terrell led the pledge of allegiance.
REGULAR CITY COUNCIL MEETING MINUTES, APRIL 6, 2010
Page 1 of 11
Agenda Item No. 3. Recognition of the Southlake Department of Public Safety, Fire
Services Division, for receipt of Accreditation status. Mayor Terrell introduced this item
and thanked the Fire Services staff members for their hard work on accreditation. He
presented those members in attendance with a letter of appreciation.
Agenda Item No. 4. Presentation to Chief Robert P. Steele (Retired) thanking him for his
service. Chief Finn and Chief Starr presented this item to Retired Chief Steele and
thanked him for his many years of service to the city.
Agenda Item No. 5. Building Services Award, Proclamation and proposed Safety,
Program. Mayor Terrell introduced Scott McDonald who discussed the Building Officials
Association of Texas (BOAT) Building Services Award. Chairman of the BOAT Awards
Committee, Lawrence Crow, presented the award to members of the Building Services
staff.
Mayor Terrell presented a proclamation for Building Safety Month to members of the
Building Services staff and thanked them for their service to the city.
Director Baker presented information on an initiative to promote pool and backyard
safety and discussed the upcoming Building Safety Day on May 22, 2010.
Agenda Item No. 6. Discuss Twin Creeks Neighborhood Sewer Program Project.
Director Price presented this item and answered Council's questions.
Mayor Terrell allowed citizen's to speak on this item. He read a comment card from
John Baldwin, 1700 Creekside Drive, Southlake, Texas who did not wish to speak but
wanted to record his opposition to this item.
Peter E. Austin, 1658 Creekside Drive, Southlake, Texas spoke in opposition.
Brad Bradley, 1657 Creekside Drive, Southlake, Texas spoke in opposition.
Bill Zimmerman, 1656 Creekside Drive, Southlake, Texas spoke in opposition.
Rickey McPherson, 1900 Dove Road, Southlake, Texas spoke in support.
Donnie Ward, 2199 East Dove Road, Southlake, Texas spoke in support.
Harold Long, 2000 East Dove Road, Southlake, Texas spoke in support.
Alma Williams, 2000 and 2023 East Dove Road, Southlake, Texas spoke in support.
Council discussed this item. Director Price answered their questions. City Manager
Yelverton answered Council's questions.
REGULAR CITY COUNCIL MEETING MINUTES, APRIL 6, 2010
Page 2 of 11
Agenda Item No. 7. Discuss all items on tonight's meeting agenda. Council reviewed
the consent agenda items.
REGULAR SESSION:
Agenda Item No. 1. Call to order. The regular session of the City Council was called to
order by Mayor Terrell at 7:17 p.m.
Due to the length of the work session tonight, Mayor Terrell stated that the Arts Council
Report and the Historical Society Report would be heard next.
Agenda Item No. 3C. Arts Council Report. Jeff Walters presented this item to Council.
Agenda Item No. 3D. Historical Society Report. Connie Cooley presented this item to
Council and introduced Barbara Gordon for her role in the incorporation of Southlake.
Ms. Gordon was the first City Secretary of Southlake.
Mayor Terrell presented a proclamation to Ms. Cooley, Lou Ann Heath and Anita
Robeson.
Agenda 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 attorney; Section 551.072, deliberation regarding real
property; Section 551.074, deliberation regarding personnel matters; and Section
551.087, deliberation regarding economic development negotiations. City Council
adjourned for Executive Session at 7:27 p.m. Executive Session began at 7:47 p.m. and
ended at 8:42 p.m.
Agenda Item No. 2B. Reconvene. Mayor Terrell reconvened the regular meeting at 8:54
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.
Agenda Item No. 3A2. Mayor's Report Kiwanis 5K Run for the Kids. The Mayor
announced this upcoming event to be held on Saturday, May 8, 2010 from 7:30 a.m. to
11:00 a.m. in Southlake Town Square.
The local business report was presented next.
Agenda Item No. 3E. Local Business Report. Director Last introduced Michael Malouf
and John Malouf, owner's of a new local business, Malouf's, who presented information
on their business to Council.
REGULAR CITY COUNCIL MEETING MINUTES, APRIL 6, 2010
Page 3 of 11
Agenda Item No. 3B1. City Manager's Report Employee Banquet award winners. City
Manager Yelverton read the names of recent award recipients at the Employee Banquet
held on March 5, 2010.
CONSENT AGENDA: Consent agenda items are considered to be routine by the City
Council and are enacted with one motion. The Mayor read the consent agenda items.
Agenda Item 4A. Approve minutes from the March 2, 2010 regular City Council meeting
and from the March 29, 2010 special City Council meeting. The minutes were approved
as presented.
Agenda Item No. 4B. Resolution No. 10 -011A, Amend Resolution No. 10 -011, which
called for a General Election to be held May 8, 2010, by approving contracts for election
services with Tarrant County Elections Administration and Denton County Elections
Administration. (Resolucion N° 10 -011A, enmienda a la Resolucion N° 10 -011, que
convoco a las Elecciones Generales del 8 de mayo del 2010, mediante la aprobacion
de contratos de servicios electorales con la Administracion Electoral del Condado de
Tarrant v la Administracion Electoral del Condado de Denton.) 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
CALLING FOR A GENERAL ELECTION TO BE HELD ON MAY 8 2010 APPROVING
CONTRACTS FOR ELECTION SERVICES WITH TARRANT COUNTY ELECTIONS
ADMINISTRATION AND DENTON COUNTY ELECTIONS ADMINISTRATION
ESTABLISHING PROCEDURES FOR THE ELECTION AND PROVIDING AN
EFFECTIVE DATE
Agenda Item No. 4C. Resolution No. 10 -016, Authorize the city attorney to bring
condemnation action for the purpose of obtaining street right -of -way for the purpose of
construction and maintenance of North Kimball Avenue located in the S. Freemen
Survey, Abstract No. 525, located at 603 North Kimball Avenue. 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 OF SOUTHLAKE, TEXAS AUTHORIZING THE CITY
ATTORNEY TO BRING A CONDEMNATION ACTION FOR THE PURPOSE OF
OBTAINING A RIGHT OF WAY FOR THE PURPOSE OF CONSTRUCTION AND
MAINTENANCE OF ROADWAY IMPROVEMENTS OR FOR OTHER PUBLIC
PURPOSES PERMITTED BY LAW
REGULAR CITY COUNCIL MEETING MINUTES, APRIL 6, 2010
Page 4 of 11
Agenda Item No. 4D. Resolution No. 10 -017, Authorize the city attorney to bring
condemnation action for the purpose of obtaining street right -of -way for the purpose of
construction and maintenance of North Kimball Avenue located in Lot 5, Block 1, Mesco
Addition, located at 2150 East State Highway 114. 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 OF SOUTHLAKE, TEXAS AUTHORIZING THE CITY
ATTORNEY TO BRING A CONDEMNATION ACTION FOR THE PURPOSE OF
OBTAINING A RIGHT OF WAY FOR THE PURPOSE OF CONSTRUCTION AND
MAINTENANCE OF ROADWAY IMPROVEMENTS OR FOR OTHER PUBLIC
PURPOSES PERMITTED BY LAW
Agenda Item No. 4E. Approve Change Order No. 3 with Quality Excavation, Ltd. for unit
1 reconciliation and unit 2 revised construction phasing in the amount of $195,081.13
for the Dove Road intersection and drainage improvement project. A presentation was
not made on this item.
Agenda Item No. 4F. Approve an annual software support and maintenance agreement
to Tyler Technologies in the amount of $63,941. A presentation was not made on this
item.
Agenda Item No. 4G. Approve renewal of and amendment to contract with American
Landscape Systems for landscape maintenance services in the amount of $95,445. A
presentation was not made on this item.
Agenda Item No. 4H. Approve renewal of and amendment to contracts with TruGreen
LandCare for landscape maintenance services in the amount of $145,865.26. A
presentation was not made on this item.
Agenda Item No. 41. Consider SV10 -006, Variance to Sign Ordinance No. 704, as
amended, for City of Southlake Green Revolution at Bob Jones Nature Center located
at 355 East Bob Jones Road. A presentation was not made on this item.
Agenda Item No. 4J. Approve a consulting agreement with TIP Strategies, Inc. in the
amount of $75,000 for preparation of an Economic Development and Tourism Strategic
Plan, an element of the Southlake 2030 Plan. Director Last and City Manager Yelverton
answered Council's questions during the work session.
Agenda Item No. 4K. Ordinance No. 972, 1 Reading, Authorizing the issuance of Tax
and Sewer Revenue Certificates of Obligation, Series 2010. This item and the public
hearing were tabled to the April 20, 2010 City Council meeting.
REGULAR CITY COUNCIL MEETING MINUTES, APRIL 6, 2010
Page 5 of 11
Agenda Item No. 4L. Resolution No. 10 -013 (ZA09 -066), Specific Use Permit for
Carports for Non Residential Property for Construction Management Advisors on
property being described as Lot 4R7R1, Green Meadow Subdivision, and being located
at 2250 East Continental Boulevard. Current Zoning: 11 Light Industrial District. SPIN
Neighborhood #8. The applicant requested to table this item to the April 20, 2010 City
Council meeting.
Agenda Item No. 4M. Ordinance No. 480 -549a, (ZA09 -059), 2 Reading, Zoning
Change and Site Plan for Invitation Park on property being described as Tracts 3B,
3B01 and a portion of 3D01, Obediah W. Knight Survey, Abstract No. 899 and being
located at 821, 825 and 835 East Southlake Boulevard. Current Zoning: S -P -1 Detailed
Site Plan District. Proposed Zoning: S -P -1 Detailed Site Plan District. SPIN
Neighborhood #8. This item was withdrawn by the applicant.
Agenda Item No. 4N. Consider SV09 -017, Variance to Sign Ordinance No. 704, as
amended, for Carpet One located at 154 Bank Street. The applicant requested to table
this item indefinitely.
Agenda Item No. 7D. Ordinance No. 967, 1 Reading, Southlake 2030 Wayfinding Sign
System Plan. A presentation was not made on this item.
Agenda Item No. 9B. Consider termination of the contract with Municipal Construction,
Inc. for Highland Street Paving and Water System Improvements. This item was tabled
indefinitely.
Motion was made to approve consent agenda items 4A; 4B; 4C; 4D; 4E; 4F; 4G; 4H; 41;
4J; to table item 4K to the April 20, 2010 City Council meeting; to table item 4L to the
April 20, 2010 City Council meeting as requested by the applicant; to withdraw item 4M
as requested by the applicant; to table item 4N indefinitely as requested by the
applicant; to approve item 7D; and to table item 9B indefinitely.
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.
Dianne Dorman, 100 Ascot Drive, Southlake, Texas spoke to the City Council about her
concerns regarding issues within the Department of Public Safety.
Mayor Terrell closed the public forum.
REGULAR CITY COUNCIL MEETING MINUTES, APRIL 6, 2010
Page 6 of 11
Agenda Item No. 6A. Ordinance No. 969, 2 Reading, Approve the Policy Ordinance
Review Committee revisions to Chapter 2 of the City Code regarding Senior Advisory
Commission and Southlake Youth Action Commission. Director Tribble presented items
6A and 6B simultaneously to Council. In accordance with Section 4.21 of the City
Charter, the caption for this item is listed as follows:
AN ORDINANCE OF THE CITY OF SOUTHLAKE, TEXAS, AMENDING THE CODE
OF ORDINANCES OF THE CITY OF SOUTHLAKE, TEXAS, AS AMENDED, BY
AMENDING CHAPTER 2, ARTICLE V, DIVISION 3 "YOUTH ACTION COMMISSION"
TO AMEND COMMISSION QUALIFICATIONS, TO DESIGNATE THE LENGTH OF
COMMISSION TERMS, TO AUTHORIZE THE CITY COUNCIL TO REMOVE
MEMBERS, AND TO AMEND COMMISSION DUTIES; BY AMENDING CHAPTER 2,
ARTICLE V, DIVISION 4 "SENIOR ADVISORY COMMISSION" TO AMEND THE
NUMBER OF MEETINGS, TO AMEND THE BY -LAWS, AND TO AMEND
COMMISSION DUTIES; PROVIDING THAT THIS ORDINANCE SHALL BE
CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE;
PROVIDING FOR PUBLICATION; AND PROVIDING AN EFFECTIVE DATE.
No one spoke during the public hearing.
Motion was made to approve Ordinance No. 969, 2 Reading, Approve the Policy
Ordinance Review Committee revisions to Chapter 2 of the City Code regarding the
Senior Advisory Commission and the Southlake Youth Action Commission.
Motion: Hill
Second: Jones
Ayes: Bledsoe, Hill, Jones, Morris, Muller, Muzyka, Terrell
Nays: None
Approved: 7 -0
Agenda Item No. 6B. Ordinance No. 970, 2 Reading, Approve the Policy Ordinance
Review Committee revisions to Chapter 12 of the City Code regarding Parks and
Recreation. Director Tribble presented items 6A and 6B simultaneously to Council. In
accordance with Section 4.21 of the City Charter, the caption for this item is listed as
follows:
AN ORDINANCE OF THE CITY OF SOUTHLAKE, TEXAS, AMENDING THE CODE
OF ORDINANCES OF THE CITY OF SOUTHLAKE, TEXAS, AS AMENDED, BY
AMENDING CHAPTER 12, ARTICLE II "CITY PARKS" TO AMEND CERTAIN
DEFINITIONS, TO AUTHORIZE THE DIRECTOR OF COMMUNITY SERVICES TO
ISSUE SPECIAL PERMITS OR GRANT VARIANCES, TO AMEND CERTAIN DUTIES
OF THE BOARD, AND TO REPEAL PROVISIONS RELATED TO SPEED LIMITS ON
CITY PARK ROADS AND SIGN POSTING REQUIREMENTS; REPEALING THE
YOUTH PARK AND RECREATION BOARD; REPEALING RECREATION
PROGRAMS FOR ELEMENTARY -AGE CHILDREN; PROVIDING THAT THIS
ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A
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Page 7 of 11
SEVERABILITY CLAUSE; PROVIDING FOR PENALTIES; PROVIDING FOR
PUBLICATION; AND PROVIDING AN EFFECTIVE DATE.
No one spoke during the public hearing.
Motion was made to approve Ordinance No. 970, 2 Reading, Approve the Policy
Ordinance Review Committee revisions to Chapter 12 of the City Code regarding Parks
and Recreation.
Motion: Hill
Second: Muzyka
Ayes: Bledsoe, Hill, Jones, Morris, Muller, Muzyka, Terrell
Nays: None
Approved: 7 -0
Agenda Item No. 7A. Ordinance No. 480 -500a (ZA10 -008), 1 Reading, Zoning Change
and Site Plan for Miron Grove Office Park on property being described as Block 1, Lot
4R1, Miron Subdivision and being located at 300 Miron Drive. Current Zoning: S -P -2
Generalized Site Plan District. Proposed Zoning: S -P -2 Generalized Site Plan District.
SPIN Neighborhood 8. Planner Comstock presented this item to Council. Applicants
Tina Larsen, 633 Sorita Circle, Heath, Texas and Mark Hood, 1545 East Southlake
Boulevard, Southlake, Texas answered Council's questions.
Mayor Terrell allowed the public to speak.
Randall McCauley, 2805 Carrick Court, Southlake, Texas did not wish to speak but
recorded his support of this item.
Motion was made to approve Ordinance No. 480 -500a (ZA10 -008), 1 Reading, Zoning
Change and Site Plan for Miron Grove Office Park.
Motion: Hill
Second: Muzyka
Ayes: Bledsoe, Hill, Jones, Morris, Muller, Muzyka, Terrell
Nays: None
Approved: 7 -0
Agenda Item No. 7B. Ordinance No. 480 -593 (ZA09 -075), 1 Reading, Zoning Change
and Development Plan for Shady Oaks subdivision on property being described as
Tract 11D and portions of Tracts 11 and 11D1, Thomas M. Hood Survey, Abstract No.
706, and a portion of Lot CA2 and Lots CA3, CA4, CA5, CA6, CA7, CA8, CA9, CA10,
CA11, CAl2, and CA 13, Shady Oaks Phase 1A, and being located at 800, 820 and
1020 Shady Oaks Drive and 600, 601, 620, 640, 700, 701, 750, 800, 801, 850, 900, 901
Sherwood Drive, and being approximately 35.662 acres. Current Zoning: SF -20A
Single Family Residential District. Requested Zoning: RPUD Residential Planned Unit
Development District. SPIN Neighborhood #6. Planner Comstock presented this item to
Council. Applicants Kosse Maykus, 608 Chapel Court, Southlake, Texas and Paul
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Spain, 2200 Estes Park Drive, Southlake, Texas presented this item to Council and
addressed Council's questions.
Mayor Terrell read a comment card from Tina Wasserman, 520 West Highland Street,
Southlake, Texas who did not wish to speak but recorded her support of this item.
Council discussed this item.
Motion was made to approve Ordinance No. 480 -593 (ZA09 -075), 1 Reading, Zoning
Change and Development Plan for Shady Oaks subdivision referencing the R -PUD
regulations as presented and subject to Development Review Plan No. 3, dated
February 24, 2010.
Motion: Hill
Second: Jones
Ayes: Bledsoe, Hill, Jones, Morris, Muzyka, Terrell
Nays: Muller
Approved: 6 -1
Councilmember Bledsoe stated he would like to see current demographic information
on the schools.
Mayor Terrell called for a break at 10:19 p.m. and reconvened the meeting at 10:32
p.m.
Agenda Item No. 7C. Ordinance No. 480 -594 (ZA10 -001), 1 Reading, Zoning Change
and Site Plan for a new Carroll ISD elementary school on property being described as
Lots 1 and 2, Stanford Place Addition and being located at 2520 and 2530 North White
Chapel Boulevard. Current Zoning: SF -1A Single Family Residential District. Requested
Zoning: S -P -1 Detailed Site Plan District. SPIN Neighborhood #1. Director Baker
presented this item to Council and answered Council's questions.
Mayor Terrell asked City Attorney Sralla to clarify the subject of a super- majority
requirement on this item. Mr. Sralla stated that a normal super- majority requirement
does not apply on this property since it is owned by the school district. He stated,
however, the city does have the ability to impose its normal development regulations
and those would include things such as setback, materials, design, landscape,
screening and bufferyards.
Applicants John Haugen, John Blacker, Shane Garthoff and Jeff Whitaker presented
this item and answered Council's questions.
Mayor Terrell allowed the public to speak.
John Klopfer, 413 Orchard Hill Drive, Southlake, Texas spoke in opposition to this item.
REGULAR CITY COUNCIL MEETING MINUTES, APRIL 6, 2010
Page 9 of 11
Bryan Fleming, 521 Round Hollow Lane, Southlake, Texas spoke in opposition to this
item.
Doug Harsy, 2804 Tyler Street, Southlake, Texas spoke in opposition to this item.
Roger Sanford, 200 Stockton Drive, Southlake, Texas spoke in opposition to this item.
Corey Sanford, 200 Stockton Drive, Southlake, Texas spoke in opposition to this item.
Gabriella Miller, 405 Orchard Hill Drive, Southlake, Texas spoke in opposition to this
item.
The following citizens did not wish to speak but recorded their opposition to this item:
Cheree Holden, 301 Stockton Drive, Southlake, Texas;
Anwar Khurshid, 406 Orchard Hill Drive, Southlake, Texas;
Tammy Kuehler- O'Brian, 208 Stockton Drive, Southlake, Texas; and,
P.K. Sharkey, 404 Marshall Road, Southlake, Texas.
Greg Standerfer, 2109 Boulder Court, Southlake, Texas spoke in support of this item.
Council discussed this item.
Motion was made to approve Ordinance No. 480 -594 (ZA10 -001), 1 Reading, Zoning
Change and Site Plan for a new Carroll ISD elementary school noting applicant's
agreement to bring back the following items to Council at second reading: renderings
showing line of sight from Stockton Drive and Orchard Hill Drive to the school property;
noting the applicant's agreement to continue to work with utility companies to get
clarification on the status of the electric pole and report back to Council; noting the
applicant's agreement to provide parking numbers and information and a plan for
overflow parking; a rendering of the shade structure; noting applicant's agreement to
allow residents to tie into the perimeter fencing; and subject to Site Plan Review
Summary No. 5, dated March 31, 2010 and granting the requested variance on
driveway stacking depth.
Motion: Hill
Second: Jones
Ayes: Bledsoe, Hill, Jones, Morris, Muller, Muzyka, Terrell
Nays: None
Approved: 7 -0
Mayor Terrell announced that Council would consider item 9A next. Director Baker
stated that the applicant for this item was not present.
Agenda Item No. 9A. Consider SV10 -005, Variance to Sign Ordinance No. 704, as
amended, for Bethel Methodist Church located at 190 South White Chapel Boulevard.
The applicant was not present for this item. Council agreed to table this item.
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Page 10 of 11
Motion was made to table SV10 -005, Variance to Sign Ordinance No. 704, as
amended, for Bethel Methodist Church to the April 20, 2010 City Council meeting.
Motion: Jones
Second: Hill
Ayes: Bledsoe, Hill, Jones, Morris, Muller, Muzyka, Terrell
Nays: None
Approved: 7 -0 (to table)
Mayor Terrell announced City Council would be going into Executive Session pursuant
to the Texas Government Code, Section 551.074, deliberation regarding personnel
matters. City Council adjourned for Executive Session at 12:30 a.m. Executive Session
began at 12:40 a.m. and ended at 12:55 a.m.
Mayor Terrell reconvened the meeting at 12:55 a.m.
Agenda Item No. 8A. Resolution No. 10 -015, Appoint members to fill two unexpired
positions on the Planning and Zoning Commission. Mayor Terrell introduced this item.
Motion was made to approve Resolution No. 10 -015, Appoint members to fill two
unexpired positions on the Planning and Zoning Commission appointing Jim Hamel and
Shahid Shafi with terms to expire May 2012.
Motion: Jones
Second: Morris
Ayes: Bledsoe, Hill, Jones, Morris, Muller, Muzyka, Terrell
Nays: None
Approved: 7 -0
Agenda Item No. 11. Meeting adjourned. Mayor Terrell adjourned the meeting at 12:57
a.m.
*An audio recording of this meeting will be permanently retained in the City
Secretary's Office.
C_..-,l 61
John erre I
Mayor
ATTEST:
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1 P 102
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Lori Payne
City Secretary
1
REGULAR CITY COUNCIL MEETING MINUTES, APRIL 6, 2010
Page 11 of 11
eocet vPcQ / e~ 6, 24 r! 3'.-y C~zc~lu 1,
TERRA. SHADY OAKS, L.P.
April 6, 2010
Mayor, City of Southlake
Members, Southlake City Council
Re: Terra Shady Oaks, LP current zoning request
Dear Mayor Terrell and Members of the Southlake City Council:
During the process of our current zoning request, some of the neighbors in adjoining
neighborhoods have expressed concern that, upon approval,of said zoning request, we would in
the future ask for additional zoning changes for the remaining undeveloped property.
Please let this letter represent that upon approval of our current zoning, Terra Shady Oaks, LP
will not request any additional zoning changes in the future on the remaining undeveloped
property. ,
Sincerely,
ePaul i
President
Terra/Shady Oaks, L.P.
395 W. Northwest Parkway, Suite 300 * Southlake, Texas 76092 * Ph 817-410-9201 * Fax 817-410-9205
Pr&~;e~t--eck 4 Ct~Y Cou'qC'c' ( 0'+
2d o w ee-h i~
Issues to be considered in the Creekside Lift station:
The opposition is not against sewer service
• Our survey would be... How many residents would support sewer service if it required a lift
station in front of their house
• Our position... we are not against the sewer. We just think a lift station adjacent to a property
lowers property value - via the odor, the noise, and the constant service traffic - more than
sewer access enhances value.
Is this concern unjustified, or unprecedented?
• Are the lift station adjacent owners unjustly exercised?
• The City of Southlake, in a contest with Wal-Mart over soda machine placement, lost the Wal-
Mart store and about $2.4 million in city tax revenue to Grapevine.
• How much more odious is a sewer lift station than a soda machine?
Is the city fully prepared for a good outcome to this project?
• The city has not followed development notification protocol they require of private developers
- is this a double standard?
• The city says a deep, direct drill gravity fall line is unworkable because: on a previous job,
inadequate city oversight resulted in a faulty line that required excavation for repair. The city
insists that a traditional gravity-feed line is undesirable, yet it features these benefits:
1. Requires no electric power to operate.
2. Emits no odor.
3. Creates no noise or vibration.
4. Is completely invisible to neighbors and residents.
5. Does not require a daily technician visit, unlike the proposed lift station.
6. Being completely underground, is not subject to any flooding or overflow issues.
• When the electric power fails, there is no need to bring out a truck mounted generator to keep
the sewage flowing.
The city's proposal needs to resite the lift station to Torian Lane or apply another solution not a
hazard to adjacent property values.