2010-09-21 Regular CC Meeting CITY OF
SOUTHLAKE
TEXAS
REGULAR CITY COUNCIL MEETING: SEPTEMBER 21, 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: Scott Berry, Chaplain of the Month
3. Southlake Chamber of Commerce announcement for Oktoberfest
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 subject matter of
this City Council meeting.
1. Section 551.072: Deliberation regarding real property
a. Discuss the potential purchase or lease of real property for
city facilities and projects.
2. 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. Senior Advisory Commission Report
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B. City Manager's Report
1. Ordinance Priority Schedule
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 the minutes from the September 7, 2010 regular City Council
meeting and the September 9, 2010 City Council joint work session with
the Planning and Zoning Commission.
B. Approve a Community Events Participation Agreement with Greater Fort
Worth Builders Association and Terra Land Hat Creek Developments for
the Kaleidoscope of Homes event.
C. Approve Change Order No. 6 with Quality Excavation for Dove Road
intersection and drainage improvements in the amount of $44,752 for
sidewalks along North White Chapel Boulevard.
D. Approve purchase of right -of -way for Kirkwood Boulevard Improvements
from the property at 1371 East Highland Street.
E. Approve purchase of right -of -way for Kimball Avenue Improvements from
the property at 600 North Kimball Avenue.
F. Resolution No. 10 -051, Annual review of investment policy and investment
strategies.
G. Resolution No. 10 -052, Amend the Fee Schedule.
H. Ordinance No. 984, 1 Reading, Approve a negotiated resolution between
the Atmos Cities Steering Committee and Atmos Energy. (If approved on
first reading, the public hearing will be held on October 5, 2010.)
I. Plat Extension for ZA08 -053, extending the validity of the Preliminary Plat
for Kimball Circle Estates for an additional (1) one year from its date of
expiration on October 21, 2010 on property being described as Tracts 6G,
6H and 6K, J.A. Freeman Survey, Abstract No. 529, and being located at
703, 722 and 750 South Kimball Avenue. Current Zoning: SF -20A Single
Family Residential District. SPIN Neighborhood #8.
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J. Variance to the Subdivision Ordinance 483, as amended, extending the
validity of the expired plat for case ZA08 -014, Preliminary Plat for Winfield
Estates for one (1) year on property being described as Tract 1, 1C and
1C01, Absolom H. Chivers Survey, Abstract No. 299, and being located at
2210 North Carroll Avenue and 1155 and 1107 East Dove Road. Current
Zoning: R -PUD Residential Planned Unit Development District. SPIN
Neighborhood #3.
K. Variance to the Subdivision Ordinance 483, as amended, extending the
validity of the expired plat for case ZA08 -033, Final Plat for Winfield
Estates for one (1) year on property being described as Tract 1, 1C and
1C01, Absolom H. Chivers Survey, Abstract No. 299, and being located at
2210 North Carroll Avenue and 1155 and 1107 East Dove Road. Current
Zoning: R -PUD Residential Planned Unit Development District. SPIN
Neighborhood #3.
L. Approve an interlocal agreement for combined public safety dispatch and
jail services for the cities of Keller, Southlake, and Colleyville.
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. 981, 2nd Reading, Approve and adopt the Annual Budget
for the Fiscal Year 2011 and approve the revised budget figures for the
Fiscal Year 2010 and Multi -year Capital Improvements Plan. SECOND
PUBLIC HEARING
B. Ordinance No. 982, 2nd Reading, Tax Levy Ordinance. SECOND PUBLIC
HEARING
C. Ordinance No. 480 -598 (ZA10 -039), 2nd Reading, Zoning Change and
Concept Plan for Southlake Montessori on property being legally
described as Lot 4, Block 1, Pecan Creek Addition and being located at
731 Zena Rucker Road. Current Zoning: 0-1 Office Zoning District.
Requested Zoning: S -P -2 Generalized Site Plan Zoning District. SPIN
Neighborhood #9. THE APPLICANT HAS REQUESTED TO TABLE THIS
ITEM TO THE OCTOBER 5, 2010 CITY COUNCIL MEETING.
D. Ordinance No. 480 -534a (ZA10 -048), 2nd Reading, Zoning Change and
Development Plan for Winfield Estates on property being described as
Tract 1, 1C and 1C01, Absolom H. Chivers Survey, Abstract No. 299, and
being located at 2210 North Carroll Avenue and 1155 and 1107 East Dove
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Road. Current Zoning: R -PUD Residential Planned Unit Development
District. Requested Zoning: R -PUD Residential Planned Unit Development
District. SPIN Neighborhood #3. PUBLIC HEARING
E. Ordinance No. 480 -597 (advertised as Ordinance No. 480 -598) (ZA10-
049), 2nd Reading, Zoning Change and Site Plan for Doctor Gist Office on
property being described as Lot 1A, Block 1, Emerald Estates South and
being located at 2379 North Carroll Avenue. Current Zoning: 0-1 Office
Zoning District. Requested Zoning: S -P -1 Detailed Site Plan Zoning
District. SPIN Neighborhood #2. PUBLIC HEARING
F. Ordinance No. 704E, 2nd Reading, Amend Ordinance No. 704, the City of
Southlake Comprehensive Sign Ordinance, for the purpose of regulating
readerboards within the limits of the City of Southlake. PUBLIC HEARING
G. Resolution No. 10 -053, (ZA10 -050) Specific Use Permit for shade
structures for Fireplug Inn on property being described as Lot 3R11 R2,
Green Meadow Subdivision and being located at 2251 East Continental
Boulevard. Current Zoning: 11 Light Industrial Zoning District. SPIN
Neighborhood #8. PUBLIC HEARING
H. Approve a drainage easement encroachment and joint use agreement
with Journey 5 Ventures, LLC on Lot 3R11 R2, Block 1, Green Meadow
Subdivision.
7. Ordinances, first readings, and related items: (There are no items on this
agenda.)
8. Resolutions: (There are no items on this agenda.)
9. Other items for consideration:
A. Approve a commercial developer's agreement for the Goddard School
located at 435 West Southlake Boulevard with Southlake Noble LLC.
B. Consider SV10 -019, Variance to the Conditional Sign Permit for the Shops
of Southlake for Sleep Number by Select Comfort located at 1251 East
Southlake Boulevard, Suite 339.
C. Approve the naming of the City park currently referred to as North Park.
10. Other items for discussion:
A. Discuss recommended Sign Ordinance revisions (logos).
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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, September 17, 2010 by 6:00 p.m.,
pursuant to the Texas Government Code, Chapter 551.
d f F,
Lori Payne, TRM Ei I,— o
City Secretary 5 Q
0 o
If you plan to attend this lic W t in .,end have a disability that requires special needs, please
advise the City Secretary's' z'''„° °8 hours in advance at 817 748 -8016 and reasonable
accommodations will be made to assist you.
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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. Jayson Steele vs. City of Southlake. August 2008.
2. Pending Public Information Act requests.
3. Texas Attorney General litigation defending the constitutionality of the Texas
Open Meetings Act.
4. Legal issues regarding the Barnett Shale gas extraction and transportation.
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 qift 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.
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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 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.
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lug CITY OF
S0UTHLA1<,_E
TEXAS
REGULAR CITY COUNCIL MEETING MINUTES: SEPTEMBER 21, 2010
LOCATION 1400 Main Street, Southlake, Texas 76092
City Council Chambers
CITY COUNCIL PRESENT Mayor John Terrell, Mayor Pro Tem Laura K. Hill, Deputy
Mayor Pro Tem Brandon Bledsoe, and Councilmembers Carolyn Morris, Pamela A.
Muller, Jeff Wang and Al Zito.
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 Ortowski, 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, Director of Economic
Development Greg Last, Marketing and Tourism Coordinator Jill Lind, Director of
Finance Sharen Jackson, Assistant Director of Finance Sean Leonard, Director of
Human Resources Stacey Black, Director of Information Technology Dale Dean,
Director of Planning and Development Services Ken Baker, Planner I Daniel Cortez,
Chief of Fire Services Mike Starr, Fire Marshal David Barnes, Chief of Police Services
Robert Finn, Lieutenant Michael Bedrich, Director of Public Works Robert Price, Deputy
Director of Public Works Gordon Mayer, Operations Manager Chuck Kendrick, Civil
Engineer Steve Anderson, Civil Engineer Michelle McCullough, Civil Engineer Cheryl
Taylor, City Attorney E. Allen Taylor, 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 5:35 p.m.
Agenda Item No. 2. Invocation Scott Berry gave the invocation. Mayor Terrell led the
pledge of allegiance.
Agenda Item No. 3. Southlake Chamber of Commerce announcement for Oktoberfest.
Chamber of Commerce Executive Committee member, Pat Staudt, presented
information about the Oktoberfest event that will take place on October 1 -3, 2010 in
Southlake Town Square.
REGULAR CITY COUNCIL MEETING MINUTES, SEPTEMBER 21, 2010
Page 1 of 11
Agenda Item No. 4. Discuss all items on tonight's meeting agenda. No action was taken
during the Work Session and each item was considered during the Regular Session.
Council reviewed the items on the Consent Agenda.
REGULAR SESSION
Agenda Item No. 1. Call to order. The Regular Session of the City Council was called to
order by Mayor Terrell at 5:49 p.m.
Agenda Item No. 2A. Executive Session Mayor Terrell announced City Council would
be going into Executive Session pursuant to the Texas Government Code, Section
551.072, deliberation regarding real property; and Section 551.087, deliberation
regarding economic development negotiations. City Council adjourned for Executive
Session at 5:49 p.m. Executive Session began at 6:20 p.m. and ended at 6:40 p.m.
Agenda Item No. 2B. Reconvene Mayor Terrell reconvened the regular meeting at 7:00
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. Councilmember Morris
discussed the upcoming PKD Walk. Councilmember Hill discussed the upcoming
SPARK meeting.
Agenda Item No. 3A2. Mayor's Report - Senior Advisory Commission Report. A written
report was included in Council's packet.
Agenda Item No. 3B. City Manager's Report. City Manager Yelverton reviewed the
ordinance priority schedule for FY2011. She also announced that the Planning and
Development Services Department had recently received two awards, one was the
Texas State Chapter Current Planning Award for the Wayfinding Sign System Plan and
one was the Certificate of Achievement for Planning Excellence for 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 No. 4A. Approve the minutes from the September 7, 2010 regular City
Council meeting and the September 9, 2010 City Council joint work session with the
Planning and Zoning Commission. The minutes were approved as presented.
Agenda Item No. 4B. Approve a Community Events Participation Agreement with
Greater Fort Worth Builders Association and Terra Land / Hat Creek Developments for
the Kaleidoscope of Homes event. A presentation was not made on this item.
REGULAR CITY COUNCIL MEETING MINUTES, SEPTEMBER 21, 2010
Page 2 of 11
Agenda Item No. 4C. Approve Change Order No. 6 with Quality Excavation for Dove
Road intersection and drainage improvements in the amount of $44,752 for sidewalks
along North White Chapel Boulevard. A presentation was not made on this item.
Agenda Item No. 4D. Approve purchase of right -of -way for Kirkwood Boulevard
Improvements from the property at 1371 East Highland Street. Director Price answered
Council's questions on this item during the work session.
Agenda Item No. 4E. Approve purchase of right -of -way for Kimball Avenue
Improvements from the property at 600 North Kimball Avenue. Director Price answered
Council's questions on this item during the work session.
Agenda Item No. 4F. Resolution No. 10 -051, Annual review of investment policy and
investment strategies. 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,
REVIEW OF INVESTMENT POLICY AND INVESTMENT STRATEGIES.
Agenda Item No. 4G. Resolution No. 10 -052, Amend the Fee Schedule. In accordance
with Section 4.21 of the City Charter, the caption for this item is listed as follows:
A RESOLUTION OF THE CITY OF SOUTHLAKE, TEXAS, AMENDING
RESOLUTIONS NO. 99 -57; PROVIDING THAT THIS RESOLUTION SHALL BE
CUMULATIVE OF ALL PROVISIONS OF RESOLUTION NO. 97 -59; 94 -46 NO. 94 -61
NO. 95 -05 NO. 95 -34 NO. 95 -50 NO. 96 -57 NO. 97 -50 NO. 97 -59 NO. 99 -07; NO.
01 -149; NO. 06 -016; NO. 08 -013 NO. 09 -058 AND PROVIDING AN EFFECTIVE
DATE.
Agenda Item No. 4H. Ordinance No. 984, 1 St Reading, Approve a negotiated resolution
between the Atmos Cities Steering Committee and Atmos Energy. A presentation was
not made on this item.
Agenda Item No. 41. Plat Extension for ZA08 -053, extending the validity of the
Preliminary Plat for Kimball Circle Estates for an additional (1) one year from its date of
expiration on October 21, 2010 on property being described as Tracts 6G, 6H and 6K,
J.A. Freeman Survey, Abstract No. 529, and being located at 703, 722 and 750 South
Kimball Avenue. Current Zoning: SF -20A Single Family Residential District. SPIN
Neighborhood #8. A presentation was not made on this item.
Agenda Item No. 4J. Variance to the Subdivision Ordinance 483, as amended,
extending the validity of the expired plat for case ZA08 -014, Preliminary Plat for Winfield
Estates for one (1) year on property being described as Tract 1, 1 C and 1 C01, Absolom
H. Chivers Survey, Abstract No. 299, and being located at 2210 North Carroll Avenue
and 1155 and 1107 East Dove Road. Current Zoning: R -PUD Residential Planned Unit
REGULAR CITY COUNCIL MEETING MINUTES, SEPTEMBER 21, 2010
Page 3of11
Development District. SPIN Neighborhood #3. A presentation was not made on this
item.
Agenda Item No. 4K. Variance to the Subdivision Ordinance 483, as amended,
extending the validity of the expired plat for case ZA08 -033, Final Plat for Winfield
Estates for one (1) year on property being described as Tract 1, 1 C and 1 C01, Absolom
H. Chivers Survey, Abstract No. 299, and being located at 2210 North Carroll Avenue
and 1155 and 1107 East Dove Road. Current Zoning: R -PUD Residential Planned Unit
Development District. SPIN Neighborhood #3. A presentation was not made on this
item.
Agenda Item No. 4L. Approve an interlocal agreement for combined public safety
dispatch and mail services for the cities of Keller, Southlake, and Colleyville. Chief Finn
answered Council's questions on this item during the Work Session.
Motion was made to approve Consent Agenda items 4A; 413; 4C; 4D; 4E; 4F; 4G; 4H;
41; 4J; 4K; and 4L.
Motion: Hill
Second: Bledsoe
Ayes: Bledsoe, Hill, Morris, Muller, Terrell, Wang, Zito
Nays: None
Approved: 7 -0
REGULAR AGENDA:
Agenda Item No. 5. Public Forum Mayor Terrell opened the public forum. No one
spoke. Mayor Terrell closed the public forum.
Mayor Terrell announced that Item No. 9B would be heard next.
Aaenda Item No. 9B. Consider SV10 -019. Variance to the Conditional Sian Permit for
the Shops of Southlake for Sleea Number by Select Comfort located at 1251 East
Southlake Boulevard, Suite 339. Director Baker presented this item and answered
Council's questions. Applicant David Palmer, 3102 Maple, Dallas, Texas, made a
presentation and answered Council's questions.
After discussion, Council agreed to grant a variance for the logo height to 42- inches
instead of 50- inches.
Motion was made to approve SV10 -019, Variance to the Conditional Sign Permit for the
Shops of Southlake for Sleep Number by Select Comfort granting the variance to the
letter height but limiting the logo height to 42- inches for the logo on the north elevation.
Motion: Hill
Second: Bledsoe
Ayes: Bledsoe, Hill, Morris, Terrell, Wang, Zito
Nays: Muller
REGULAR CITY COUNCIL MEETING MINUTES, SEPTEMBER 21, 2010
Page 4of11
Approved: 6 -1
Agenda Item No. 6A. Ordinance No. 981, 2 nd Reading, Approve and adopt the Annual
Budget for the Fiscal Year 2011 and approve the revised budget figures for the Fiscal
Year 2010 and Multi -year Capital Improvements Plan. City Manager Yelverton
introduced this item in conjunction with item 6B. Assistant City Manager Thatcher
presented this item in conjunction with item 6B. In accordance with Section 4.21 of the
City Charter, the caption for this item is listed as follows:
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS,
APPROVING REVISED BUDGET FIGURES FOR FISCAL YEAR 2010; APPROVING
AND ADOPTING THE BUDGET FOR THE FISCAL YEAR BEGINNING OCTOBER 1,
2010 AND TERMINATING SEPTEMBER 30, 2011 AND MAKING APPROPRIATIONS
FOR EACH DEPARTMENT, PROJECT AND ACCOUNT; REPEALING CONFLICTING
ORDINANCES; PROVIDING A SAVINGS AND SEVERABILITY CLAUSE; AND
DECLARING AN EFFECTIVE DATE.
Council discussed this item.
Director Jackson answered Council's questions.
No one spoke during the public hearing.
Motion was made to approve Ordinance No. 981, 2 nd Reading, Approve and adopt the
Annual Budget for the Fiscal Year 2011 and approve the revised budget figures for the
Fiscal Year 2010 and Multi -year Capital Improvements Plan.
Motion: Hill
Second: Bledsoe
Ayes: Bledsoe, Hill, Morris, Muller, Terrell, Wang, Zito
Nays: None
Approved: 7 -0
Agenda Item No. 6B. Ordinance No. 982, 2 nd Reading, Tax Levy Ordinance. City
Manager Yelverton introduced this item in conjunction with item 6A. Assistant City
Manager Thatcher presented this item in conjunction with item 6A. In accordance with
Section 4.21 of the City Charter, the caption for this item is listed as follows:
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS,
FIXING AND LEVYING MUNICIPAL AD VALOREM TAXES FOR THE FISCAL YEAR
BEGINNING OCTOBER 1, 2010 AND ENDING SEPTEMBER 30, 2011, AND FOR
EACH YEAR THEREAFTER UNTIL OTHERWISE PROVIDED, AT THE RATE OF
$0.462 PER ONE HUNDRED DOLLARS ($100.00) ASSESSED VALUE ON ALL
TAXABLE PROPERTY WITHIN THE CORPORATE LIMITS OF THE CITY OF
SOUTHLAKE, TEXAS, AS OF JANUARY 1, 2010, TO PROVIDE REVENUES FOR
THE PAYMENT OF CURRENT EXPENSES AND TO PROVIDE AN INTEREST AND
SINKING FUND ON ALL OUTSTANDING DEBTS OF THE CITY; DIRECTING THE
REGULAR CITY COUNCIL MEETING MINUTES, SEPTEMBER 21, 2010
Page 5 of 11
ASSESSMENT THEREOF; PROVIDING FOR DUE AND DELINQUENT DATES
TOGETHER WITH PENALTIES AND INTEREST THEREON; PROVIDING FOR
PLACE OF PAYMENT; PROVIDING FOR APPROVAL OF THE TAX ROLLS
PRESENTED TO THE CITY COUNCIL; PROVIDING FOR THE REPEAL OF
INCONSISTENT ORDINANCES; PROVIDING FOR A SEVERABILITY CLAUSE; AND
DECLARING AN EFFECTIVE DATE.
No one spoke during the public hearing.
Motion was made to approve Ordinance No. 982, 2 nd Reading, Tax Levy Ordinance.
Motion: Hill
Second:
Bledsoe
Ayes:
Bledsoe, Hill, Morris, Muller, Terrell, Wang, Zito
Nays:
None
Approved:
7 -0
Aaenda Item No. 6C. Ordinance No. 480 -598 (ZA10 -039). 2 nd Readina. Zonina Chanae
and Concept Plan for Southlake Montessori on property being legally described as Lot
4, Block 1, Pecan Creek Addition and being located at 731 Zena Rucker Road. Current
Zonina: 0-1 Office Zonina District. Reauested Zonina: S -P -2 Generalized Site Plan
Zoning District. SPIN Neighborhood #9. The applicant requested to table this item to
the October 5, 2010 City Council meeting.
Motion was made to table Ordinance No. 480 -598 (ZA10 -039), 2 nd Reading, Zoning
Change and Concept Plan for Southlake Montessori at the applicant's request to the
October 5, 2010 City Council meeting.
Motion: Hill
Second: Morris
Ayes: Bledsoe, Hill, Morris, Muller, Terrell, Wang, Zito
Nays: None
Approved: 7 -0
Aaenda Item No. 6D. Ordinance No. 480 -534a (ZA10 -048). 2 nd Readina. Zonin
Change and Development Plan for Winfield Estates on property being described as
Tract 1, 1 C and 1 C01, Absolom H. Chivers Survey, Abstract No. 299, and being located
at 2210 North Carroll Avenue and 1155 and 1107 East Dove Road. Current Zoning: R-
PUD Residential Planned Unit Development District. Requested Zoning: R -PUD
Residential Planned Unit Development District. SPIN Neiahborhood #3. Planner Cortez
presented this item to Council and answered Council's questions. Applicant Greg
Powell from Toll Brothers, 2557 Grapevine Parkway, Grapevine, 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 LEGALLY DESCRIBED AS
REGULAR CITY COUNCIL MEETING MINUTES, SEPTEMBER 21, 2010
Page 6 of 11
TRACTS 1, 1C, & 1C1, SITUATED IN THE A.H. CHIVERS SURVEY, ABSTRACT NO.
299, BEING APPROXIMATELY 9.14 ACRES, AND MORE FULLY AND COMPLETELY
DESCRIBED IN EXHIBIT "A" FROM "R -PUD" RESIDENTIAL PLANNED UNIT
DEVELOPMENT TO "R -PUD" RESIDENTIAL PLANNED UNIT DEVELOPMENT
DISTRICT WITH "SF -20A" SINGLE FAMILY RESIDENTIAL DISTRICT USES, AS
DEPICTED ON THE APPROVED DEVELOPMENT PLAN, INCLUDING "PUD"
DEVELOPMENT STANDARDS, 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.
Council discussed this item.
Mayor Terrell reopened the public hearing.
David Barnes, 2110 North Carroll Avenue, Southlake, Texas expressed his desire for
wrought iron fencing on the south property line.
Mayor Terrell closed the public hearing.
Mayor Pro Tem Hill left the meeting for a period of time but returned later in the
meeting.
Motion was made to approve Ordinance No. 480 -534a (ZA10 -048), 2 nd Reading, Zoning
Change and Development Plan for Winfield Estates noting that the garages on Lots 9
and 10 will face to the south; clarifying that the interior fencing will be of a wrought iron
material and allowing no wooden inserts to be added to the them; stating that the
original landscaping can remain in place so long as the garages on Lots 9 and 10 face
to the south; and subject to Development Plan Review Summary No. 1, dated August
12, 2010.
Motion: Bledsoe
Second: Morris
Ayes: Bledsoe, Morris, Muller, Terrell, Wang, Zito
Nays: None
Approved: 6 -0
REGULAR CITY COUNCIL MEETING MINUTES, SEPTEMBER 21, 2010
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Agenda Item No. 6E. Ordinance No. 480 -597 (advertised as Ordinance No. 480 -598)
(ZA10 -049), 2 nd Reading, Zoning Change and Site Plan for Doctor Gist Office on
Property being described as Lot 1A, Block 1, Emerald Estates South and being located
at 2379 North Carroll Avenue. Current Zoning: 0-1 Office Zoning District. Requested
Zoning: S -P -1 Detailed Site Plan Zoning District. SPIN Neighborhood #2. Planner
Cortez presented this item to Council and answered Council's questions. Applicants
Skip Blake and Dr. Gist answered Council's questions. Director Price answered
Council's questions about the monument sign location. 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 LOT 1A
BLOCK 1, EMERALD ESTATES SOUTH ADDITION, BEING APPROXIMATELY 0.90
ACRES AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM
"0-1" OFFICE DISTRICT TO "S -P -1" DETAILED SITE PLAN DISTRICT, AS
DEPICTED ON THE APPROVED SITE 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 -597 (advertised as Ordinance No.
480 -598) (ZA10 -049), 2 nd Reading, Zoning Change and Site Plan for Doctor Gist Office
granting the variances for driveway stacking depth, driveway curb radius, driveway
centerline spacing and driveway to intersection spacing; acknowledging the applicant's
removal of the dumpster and stating that the garbage will be stored internally; stating
that Yaupon Hollies will be replacing the Bradford Pear trees in the bufferyards; stating
that approval of the sign variance will be contingent upon the applicant entering into an
encroachment agreement with the City of Southlake; and subject to Site Plan Review
Summary No. 1, dated August 12, 2010.
Motion: Bledsoe
Second: Zito
Ayes: Bledsoe, Morris, Muller, Terrell, Wang, Zito
Nays: None
Approved: 6 -0
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Page 8 of 11
Agenda Item No. 6F. Ordinance No. 704E, 2 nd Reading, Amend Ordinance No. 704,
the City of Southlake Comprehensive Sign Ordinance, for the purpose of regulating
readerboards within the limits of the City of Southlake Director Baker presented this
item 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. 704 -D, THE COMPREHENSIVE
ORDINANCE REGULATING SIGNS WITHIN THE CITY LIMITS OF SOUTHLAKE,
TEXAS; PROVIDING A TITLE; PROVIDING FOR PURPOSE AND INTENT FOR THE
ADOPTION OF THIS ORDINANCE; PROVIDING FOR AMENDED DEFINITIONS AND
REGULATIONS FOR READERBOARD SIGNS; PROVIDING FOR APPLICABILITY;
PROVIDING FOR STANDARDS FOR TEMPORARY AND PERMANENT SIGNS;
PROVIDING FOR STANDARDS FOR SIGNS REQURING PERMITS AND NOT
REQURING PERMITS; PROHIBITING CERTAIN SIGNS; PROVIDING FOR EXEMPT
SIGNS; PROVIDING FOR REQUIREMENTS FOR MASTER SIGN PLANS; ALLOWING
NONCOMMERCIAL (IDEOLOGICAL) COPY ON SIGNS; PROVIDING FOR
ADMINISTRATION AND ENFORCEMENT; PROVIDING FOR THE ISSUANCE AND
REVOCATION OF SIGN PERMITS; PROVIDING FOR THE REMOVAL OF SIGNS;
PROVIDING FOR APPEALS AND VARIANCES; 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
PAMPHLET FORM; 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. 704E, 2 nd Reading, Amend Ordinance No.
704, the City of Southlake Comprehensive Sign Ordinance, for the purpose of regulating
readerboards within the limits of the City of Southlake.
Motion: Bledsoe
Second: Zito
Ayes: Bledsoe, Morris, Muller, Terrell, Wang, Zito
Nays: None
Approved: 6 -0
Aaenda Item No. 6G. Resolution No. 10 -053. (ZA10 -050) Saecific Use Permit for shade
structures for Fireplug Inn on property being described as Lot 3R11 R2, Green Meadow
Subdivision and beina located at 2251 East Continental Boulevard. Current Zonina: 11
Light Industrial Zoning District. SPIN Neighborhood #8 Planner Cortez presented this
item in conjunction with Item 6H and answered Council's questions. Applicant Nancy
Wallen, 2251 East Continental Boulevard, 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:
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Page 9 of 11
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS,
GRANTING A SPECIFIC USE PERMIT FOR SHADE STRUCTURES AT A KENNEL
ON PROPERTY WITHIN THE CITY OF SOUTHLAKE, TEXAS, LOCATED AT 2251
EAST CONTINENTAL BOULEVARD, BEING LEGALLY DESCRIBED AS LOT 3R11 R2,
GREEN MEADOW SUBDIVISION, MORE FULLY AND COMPLETELY DESCRIBED IN
EXHIBIT "A ", AND AS DEPICTED ON THE APPROVED SITE EXHIBIT ATTACHED
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. 10 -053, (ZA10 -050) Specific Use Permit
for shade structures for Fireplug Inn subject to Site Plan Review Summary No. 1, dated
September 2, 2010.
Motion: Bledsoe
Second: Zito
Ayes: Bledsoe, Morris, Muller, Terrell, Wang, Zito
Nays: None
Approved: 6 -0
Agenda Item No. 6H. Approve a drainage easement encroachment and joint use
agreement with Journey 5 Ventures, LLC on Lot 3R11 R2, Block 1, Green Meadow
Subdivision Planner Cortez presented this item in conjunction with Item 6G and
answered Council's questions.
Motion was made to approve a drainage easement encroachment and joint use
agreement with Journey 5 Ventures, LLC on Lot 3R11 R2, Block 1, Green Meadow
Subdivision.
Motion: Bledsoe
Second: Zito
Ayes: Bledsoe, Morris, Muller, Terrell, Wang, Zito
Nays: None
Approved: 6 -0
Mayor Terrell called for a break at 8:20 p.m. and reconvened the meeting at 8:32 p.m.
Mayor Pro Tem Hill returned to the meeting.
Agenda Item No. 9A. Approve a commercial developer's agreement for the Goddard
School located at 435 West Southlake Boulevard with Southlake Noble LLC. Director
Price presented this item to Council and answered their questions. Applicant Paul
Spain, 2200 Estes Park Drive, Southlake, Texas answered Council's questions.
Motion was made to approve a commercial developer's agreement for the Goddard
School located at 435 West Southlake Boulevard with Southlake Noble LLC
acknowledging instructions to staff that going forward any future discussions regarding
REGULAR CITY COUNCIL MEETING MINUTES, SEPTEMBER 21, 2010
Page 10 of 11
park credits, transfers and conveyances need to provide for further clarification and
possible changes to our policy.
Motion: Bledsoe
Second: Zito
Ayes: Bledsoe, Morris, Muller, Terrell, Zito
Nays: Hill, Wang
Approved: 5 -2
Agenda Item No. 9C. Approve the naming of the City park currently referred to as North
Park Director Tribble presented this item to Council and answered their questions.
Motion was made to formally name the park currently known and referenced as North
Park to "North Park" in commemoration of the northern part of our city with the addition
of a longhorn artistic display between the words "north" and "park" and to carry forward
that theme within the park.
Motion: Zito
Second: Muller
Ayes: Bledsoe, Hill, Morris, Muller, Terrell, Wang, Zito
Nays: None
Approved: 7 -0
Agenda Item No. 10A. Discuss recommended Sign Ordinance revisions (logos).
Councilmember Morris requested for this item to be on the agenda. Council discussed
this ordinance change. Councilmembers Morris, Muller, and Zito offered to work with
staff on these changes.
Agenda Item No. 11. Meeting adjourned Mayor Terrell adjourned the meeting at 9:18
p.m.
*An audio recording of this meeting will be permanently retained in the City Secretary's
Office.
John Terrell
Mayor
ATTEST:
Lori Payne
City Secretary
REGULAR CITY COUNCIL MEETING MINUTES, SEPTEMBER 21, 2010
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