2010-11-02 Regular CC Meeting ej CITY OF
SOUTHLAKE
TEXAS
REGULAR CITY COUNCIL MEETING: NOVEMBER 2, 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 and reception for President's Volunteer Service Award recipient.
4. Recognition options for Town Square Developer Brian Stebbins.
5. 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: 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 551.071: 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 application
and enforcement of city zoning regulations and site plan
requirements associated with Carroll Independent School
District properties.
c. Seek advice of the city attorney regarding the DT (Downtown
District) zoning district.
2. Section 551.072: Deliberation regarding real property
a. Discuss the potential purchase or lease of real property for
city facilities and projects.
b. Discuss Right -of -Way acquisition for TW King Waterline.
City of Southlake values:
Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork
City of Southlake
City Council meeting agenda
November 2, 2010
Page 2 of 7
3. 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. Proclamation for Veteran's Day 2010
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 the minutes from the October 12, 2010 joint work session with
City Council and the Planning and Zoning Commission and from the
October 19, 2010 regular City Council meeting.
B. Award construction contract to Ed Bell Construction, Inc. in the amount of
$6,892,561.81 for paving, drainage and utility improvements for North
Kimball Avenue from State Highway 114 to Dove Road.
C. Award construction contract to Conatser Construction TX, LP in the
amount of $933,923.75 for extension of East Kirkwood Boulevard to East
Highland Avenue.
D. Approve SPDC Matching Funds request from Southlake Baseball
Association in the amount of $42,269 for batting cage improvements at
Bicentennial Park.
E. Resolution No. 10 -056, Adopt Transportation Advocates of Texas, Inc.
Resolution endorsing a statewide education campaign to inform Texans of
statewide transportation needs and urging the 82" Texas Legislature to
enact revenue measures to fund investment needed to improve Texas
transportation.
F. Approve the emergency elevator repair by ThyssenKrupp Elevator in the
east parking garage in Town Square in the amount of $57,546.
City of Southlake values:
Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork
City of Southlake
City Council meeting agenda
November 2, 2010
Page 3 of 7
G. Approve professional services agreement with Dean Electric, DBA Dean
Construction, as Construction Manager at Risk for North Park.
H. Approve purchase of a new vehicle, GPS mapping, water valve and fire
hydrant maintenance equipment in the amount of $95,110 from Philpott
Motors.
I. Approve the purchase of Musco LightStructure Green sports field lighting
system from Musco in the amount of $338,390 for the Southlake Sports
Complex.
J. SV10 -022, Variance to Sign Ordinance No. 704, as amended, for Solara
Surgical Center located at 2250 East Continental Boulevard, Suite 100.
K. Approve a commercial developer's agreement with Carroll Independent
School District for Jack D. Johnson Elementary School located at 1301
North Carroll Avenue.
L. 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 NOVEMBER 16, 2010 CITY COUNCIL MEETING.
(This is the fifth time this item has 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. 598 -E, 2nd Reading, Ordinance No. 598 -E and related
exhibits, revising aspects of the Southlake Program for the Involvement of
Neighborhoods (SPIN) Code of Conduct and replacing Ordinance No.
598 -D. PUBLIC HEARING
B. Ordinance No. 985, 2 Reading, Dedicate a permanent utility, drainage
and wall easement from city -owned park property located at 700 North
Kimball Avenue for the purpose of constructing future street
improvements. PUBLIC HEARING
C. Ordinance No. 480 -600 (ZA10 -053), 2 Reading, Zoning Change and
Concept Plan for property being described as Tract 2B2A, William H.
City of Southlake values:
Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork
City of Southlake
City Council meeting agenda
November 2, 2010
Page 4 of 7
Martin Survey, Abstract No. 1068, and being located at 1742 Our Lane.
Current Zoning: AG Agricultural District. Requested Zoning: SF -1A Single
Family Residential District. SPIN Neighborhood #5. PUBLIC HEARING
D. Ordinance No. 480 -599 (ZA10 -052), 2nd Reading, Zoning Change and
Concept Plan for property being described as Lot 1, Block 1, Charles W.
Halfman Addition, and Tract 9D6, J.J. Freshour Survey, Abstract No. 521,
and being located at 2555 and 2527 Florence Road. Current Zoning: SF-
1A Single Family Residential District and AG Agricultural District.
Requested Zoning: SF -2 Single Family Residential District. SPIN
Neighborhood #11. PUBLIC HEARING
E. ZA10 -051, Plat Revision for Lot 1, Block 1, Worsham Addition, being a
revision of Lot 1, Block 1, Charles W. Halfman Addition, and Tract 9D6,
J.J. Freshour Survey, Abstract No. 521, and being located at 2527 and
2555 Florence Road. Current Zoning: SF -1A Single Family Residential
District and AG Agricultural District. Requested Zoning: SF -2 Single
Family Residential District.
F. Ordinance No. 980, 2nd Reading, Southlake 2030 Southeast Sector Land
Use Plan. PUBLIC HEARING
7. Ordinances, first readings, and related items:
A. Ordinance No. 480 -549A (ZA10 -054), 1 Reading, Zoning Change and
Concept Plan for Tower Plaza on property being described as Tract 3B,
3B01 and a portion of Tract 3D01, Obediah W. Knight Survey, Abstract
No. 899, and being located at 821, 829 and 835 East Southlake
Boulevard. Current Zoning: S -P -1 Detailed Site Plan District. Requested
Zoning: S -P -1 Detailed Site Plan District. SPIN Neighborhood #9. (If
approved at first reading, the public hearing for this item will be held on
November 16, 2010.)
8. Resolutions:
A. Resolution No. 10 -054, Approve the Friendship City Agreement with
Suzhou Wuzhong District, China.
9. Other items for consideration: (There are no items on this agenda.)
10. Other items for discussion: (There are no items on this agenda.)
11. Meeting adjourned.
City of Southlake values:
Integrity ♦ Innovation • Accountability • Commitment to Excellence • Teamwork
City of Southlake
City Council meeting agenda
November 2, 2010
Page 5 of 7
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, October 29, 2010 by 6:00 p.m.,
pursuant to the Texas Government Code, Chapter 551.
-p
Lori Payne, TRI C ., ® '= '
City Secretary ''
�j ° Y1896 ° p ti
If you plan to attend this public'mesit tin ptrhave a disability that requires special needs, please
advise the City Secretary's Office48 hours 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
November 2, 2010
Page6of7
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 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.
City of Southlake values:
Integrity ♦ Innovation • Accountability • Commitment to Excellence ♦ Teamwork
City of Southlake
City Council meeting agenda
November 2, 2010
Page 7 of 7
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.
City of Southlake values:
Integrity ♦ Innovation ♦ Accountability • Commitment to Excellence ♦ Teamwork
C ITTjY""��(jj F��'"�" j� j
�.. ,T LAKE
TEXAS
REGULAR CITY COUNCIL MEETING MINUTES: NOVEMBER 2, 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, Assistant to the Director of Community Services Candice Sanders, Director of
Economic Development Greg Last, Director of Finance Sharen Jackson, Director of
Human Resources Stacey Black, Director of Information Technology Dale Dean,
Director of Planning and Development Services Ken Baker, Planner II Richard Schell,
Deputy Director of Public Works Gordon Mayer, Public Works Operations Manager
Chuck Kendrick, Civil Engineer Michelle McCullough, Civil Engineer Cheryl Taylor,
Chief of Police Services Robert Finn, Deputy City Secretary Tara Brooks, 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 5:37 p.m.
Agenda Item No. 2. Invocation. Clayton Reed from Southlake Baptist Church
International gave the invocation. Mayor Terrell led the pledge of allegiance.
Agenda Item No. 3. Recognition and reception for President's Volunteer Service Award
recipient. Mayor Terrell recognized resident Emily Galpin for her extensive volunteer
work in the community and read a letter from President Barack Obama pertaining to the
President's Call To Service Award. Ms. Galpin thanked Council and other volunteers for
their efforts and support towards the many projects she has worked on.
Mayor Terrell invited everyone to the foyer for a reception of cake and punch for Ms.
Galpin. Mayor Terrell called for a break at 5:47 p.m. and reconvened the meeting at
6:08 p.m.
REGULAR CITY COUNCIL MEETING MINUTES, NOVEMBER 2, 2010
Page 1 of 10
Agenda Item No. 4. Recognition options for Town Square Developer Brian Stebbins.
Mayor Terrell introduced this item and then Council discussed various options of
recognition for Brian Stebbins.
Agenda Item No. 5. 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. Item 8A was added to 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 6:36 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
551.071, consultation with the city attorney; Section 551.072, deliberation regarding real
property; and Section 551.087, deliberation regarding economic development
negotiations. City Council adjourned for Executive Session at 6:36 p.m. Executive
Session began at 6:50 p.m. and ended at 8:08 p.m.
Agenda Item No. 2B. Reconvene. Mayor Terrell reconvened the regular meeting at 8:15
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 Naturally Sweet event that will take place at the Bob Jones Nature Center
on November 6, 2010.
Agenda Item No. 3A2. Mayor's Report — Proclamation for Veteran's Day 2010. Mayor
Terrell read a proclamation in honor of Veterans Day and presented it to Assistant City
Manager Blagg, Deputy Director of Public Works Mayer, and Public Work Operations
Manager Kendrick. Also recognized by the Mayor was Planning and Zoning
Commissioner Brigham McCown. All of the aforementioned persons are Veterans.
Agenda Item No. 3B. City Manager's Report. There was no report given.
Agenda Item No. 3C. Library Board Report. A written report was included in Council's
meeting packet.
Councilmember Wang left the meeting temporarily.
REGULAR CITY COUNCIL MEETING MINUTES, NOVEMBER 2, 2010
Page 2 of 10
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
into the record.
Agenda Item No. 4A. Approve the minutes from the October 12, 2010 joint work session
with City Council and the Planning and Zoning Commission and from the October 19,
2010 regular City Council meeting. The minutes were approved as presented.
Agenda Item No. 4B. Award construction contract to Ed Bell Construction, Inc. in the
amount of $6,892,561.81 for paving, drainage and utility improvements for North
Kimball Avenue from State Highway 114 to Dove Road. A presentation was not made
on this item.
Agenda Item No. 4C. Award construction contract to Conatser Construction TX, LP in
the amount of $933,923.75 for extension of East Kirkwood Boulevard to East Highland
Avenue. A presentation was not made on this item.
Agenda Item No. 4D. Approve SPDC Matching Funds request from Southlake Baseball
Association in the amount of $42,269 for batting cage improvements at Bicentennial
Park. A presentation was not made on this item.
Agenda Item No. 4E. Resolution No. 10 -056, Adopt Transportation Advocates of Texas,
Inc. Resolution endorsing a statewide education campaign to inform Texans of
statewide transportation needs and urging the 82 Texas Legislature to enact revenue
measures to fund investment needed to improve Texas transportation. City Manager
Yelverton answered Council's questions on this item during the work session. Council
agreed to approve the resolution with a statement that Council is not endorsing any of
the particular measures advocated but they acknowledge that there is a transportation
issue and they are interested in finding solutions. In accordance with Section 4.21 of the
City Charter, the caption for this item is listed as follows:
ENDORSING THE EDUCATION CAMPAIGN TO INFORM TEXANS OF
TRANSPORTATION NEEDS AND URGING THE 82 TEXAS LEGISLATURE TO
ENACT REVENUE MEASURES TO FUND TRANSPORTATION INVESTMENT.
Agenda Item No. 4F. Approve the emergency elevator repair by ThyssenKrupp Elevator
in the east parking garage in Town Square in the amount of $57,546. Operations
Manager Kendrick and City Manager Yelverton answered Council's questions on this
item during the work session.
Agenda Item No. 4G. Approve professional services agreement with Dean Electric,
DBA Dean Construction, as Construction Manager at Risk for North Park. A
presentation was not made on this item.
REGULAR CITY COUNCIL MEETING MINUTES, NOVEMBER 2, 2010
Page 3 of 10
Agenda Item No. 4H. Approve purchase of a new vehicle, GPS mapping, water valve
and fire hydrant maintenance equipment in the amount of $95,110 from Philpott Motors.
A presentation was not made on this item.
Agenda Item No. 41. Approve the purchase of Musco LightStructure Green sports field
lighting system from Musco in the amount of $338,390 for the Southlake Sports
Complex. A presentation was not made on this item.
Agenda Item No. 4J. SV10 -022, Variance to Sign Ordinance No. 704, as amended, for
Solara Surgical Center located at 2250 East Continental Boulevard, Suite 100. Director
Baker answered Council's questions on this item during the work session.
Agenda Item No. 4K. Approve a commercial developer's agreement with Carroll
Independent School District for Jack D. Johnson Elementary School located at 1301
North Carroll Avenue. A presentation was not made on this item.
Agenda Item No. 4L. 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. This item was tabled to the November 16, 2010
City Council meeting at the applicant's request.
Agenda Item No. 8A. Resolution No. 10 -054, Approve the Friendship City Agreement
with Suzhou Wuzhong District, China. Mayor Terrell introduced this item during the work
session and answered Council's questions. Council moved this item to the Consent
Agenda for approval. 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, IN
SUPPORT OF A FRIENDSHIP CITY ALLIANCE BETWEEN SUZHOU WUZHONG
DISTRICT, CHINA AND THE CITY OF SOUTHLAKE, TEXAS.
Motion was made to approve the Consent Agenda items 4A; 4B; 4C; 4D; 4E but
clarifying that Council is not endorsing any of the particular measures advocated but
they are acknowledging there is a transportation issue and they are interested in finding
solutions; 4F; 4G; 4H; 41; 4J; 4K; to table item 4L to the November 16, 2010 City
Council meeting at the applicant's request; and to approve item 8A.
Motion: Hill
Second: Bledsoe
Ayes: Bledsoe, Hill, Morris, Muller, Zito, Terrell
Nays: None
Approved: 6 -0
REGULAR AGENDA:
REGULAR CITY COUNCIL MEETING MINUTES, NOVEMBER 2, 2010
Page 4 of 10
Agenda Item No. 5. Public Forum. Mayor Terrell opened the public forum.
Dianne Dorman, 100 Ascot Lane, Southlake, Texas made a complaint about Fire Chief
Mike Starr and requested that Council conduct an investigation.
Mayor Terrell closed the public forum.
Agenda Item No. 6A. Ordinance No. 598 -E, 2nd Reading, Ordinance No. 598 -E and
related exhibits, revising aspects of the Southlake Program for the Involvement of
Neighborhoods (SPIN) Code of Conduct and replacing Ordinance No. 598 -D. City
Manager Yelverton requested to table this item to the February 15, 2011 City Council
meeting.
Motion was made to table to the February 15, 2011 City Council meeting Ordinance No.
598 -E, 2 Reading, Ordinance No. 598 -E and related exhibits, revising aspects of the
Southlake Program for the Involvement of Neighborhoods (SPIN) Code of Conduct and
replacing Ordinance No. 598 -D.
Motion: Hill
Second: Bledsoe
Ayes: Bledsoe, Hill, Morris, Muller, Zito, Terrell
Nays: None
Approved: 6 -0
Agenda Item No. 6B. Ordinance No. 985, 2 Reading, Dedicate a permanent utility,
drainage and wall easement from city -owned park property located at 700 North Kimball
Avenue for the purpose of constructing future street improvements. Deputy Director
Mayer presented this item to Council. In accordance with Section 4.21 of the City
Charter, the caption for this item is listed as follows:
AN ORDINANCE DEDICATING A PERMANENT UTILITY, DRAINAGE AND WALL
EASEMENT FROM CITY OWNED PARK PROPERTY LOCATED AT 700 NORTH
KIMBALL AVENUE DESCRIBED AS LOT 2, BLOCK 3, GATEWAY CHURCH - 114
CAMPUS IN THE CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS; DECLARING
THAT SUCH EASEMENT IS NECESSARY FOR USE BY THE PUBLIC;
AUTHORIZING THE MAYOR TO EXECUTE THE RIGHT -OF -WAY DEDICATION
DOCUMENTS; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN
EFFECTIVE DATE.
No one spoke during the public hearing.
Motion was made to approve Ordinance No. 985, 2 Reading, Dedicate a permanent
utility, drainage and wall easement from city -owned park property located at 700 North
Kimball Avenue for the purpose of constructing future street improvements.
Motion: Hill
Second: Bledsoe
Ayes: Bledsoe, Hill, Morris, Muller, Zito, Terrell
Nays: None
REGULAR CITY COUNCIL MEETING MINUTES, NOVEMBER 2, 2010
Page 5 of 10
Approved: 6 -0
Agenda Item No. 6C. Ordinance No. 480 -600 (ZA10 -053), 2nd Reading, Zoning Change
and Concept Plan for property being described as Tract 2B2A, William H. Martin
Survey, Abstract No. 1068, and being located at 1742 Our Lane. Current Zoning: AG
Agricultural District. Requested Zoning: SF -1A Single Family Residential District. SPIN
Neighborhood #5. Planner Schell presented this item to Council. Applicant Paul
Spencer answered Council's questions. In accordance with Section 4.21 of the City
Charter, the caption for this item is listed as follows:
AN ORDINANCE AMENDING ORDINANCE NO. 480, AS AMENDED, THE
COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF SOUTHLAKE, TEXAS;
GRANTING A ZONING CHANGE ON A CERTAIN TRACT OR TRACTS OF LAND
WITHIN THE CITY OF SOUTHLAKE, TEXAS BEING LEGALLY DESCRIBED AS
TRACT 2B2A, WILLIAM H. MARTIN SURVEY, ABSTRACT NO. 1068 SOUTHLAKE,
TARRANT COUNTY, TEXAS, BEING APPROXIMATELY 1.058 ACRES, AND MORE
FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "AG"
AGRICULTURAL DISTRICT TO "SF -1A" 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 -600 (ZA10 -053), 2 Reading, Zoning
Change and Concept Plan for property being described as Tract 2B2A, William H.
Martin Survey, Abstract No. 1068, and being located at 1742 Our Lane noting the
applicant's willingness to acknowledge the city will not be constructing and maintaining
a public roadway to the site and stating that whatever access the owner has they will
have on the private drive or roadway as it currently exists without maintenance and
support from the city but allowing the variance requested with the condition that the
eight -inch water line to the property will be installed by the builder prior to issuance of
the building permit.
Motion: Hill
Second: Bledsoe
Ayes: Bledsoe, Hill, Morris, Muller, Zito, Terrell
Nays: None
Approved: 6 -0
REGULAR CITY COUNCIL MEETING MINUTES, NOVEMBER 2, 2010
Page 6 of 10
Agenda Item No. 6D. Ordinance No. 480 -599 (ZA10 -052), 2nd Reading, Zoning Change
and Concept Plan for property being described as Lot 1, Block 1, Charles W. Halfman
Addition, and Tract 9D6, J.J. Freshour Survey, Abstract No. 521, and being located at
2555 and 2527 Florence Road. Current Zoning: SF -1A Single Family Residential District
and AG Agricultural District. Requested Zoning: SF -2 Single Family Residential District.
SPIN Neighborhood #11. Planner Schell presented this item in conjunction with item 6E.
Applicant Pat Worsham, 2555 Florence Road, 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 LEGALLY DESCRIBED AS LOT
1, BLOCK 1, CHARLES W. HALFMAN ADDITION, AN ADDITION TO THE CITY OF
SOUTHLAKE, TARRANT COUNTY, TEXAS AND TRACT 9D6, J.J. FRESHOUR
SURVEY, ABSTRACT NO. 521, SOUTHLAKE, TARRANT COUNTY, TEXAS, BEING
APPROXIMATELY 4.657 ACRES, AND MORE FULLY AND COMPLETELY
DESCRIBED IN EXHIBIT "A" FROM "SF -1A" SINGLE FAMILY RESIDENTIAL
DISTRICT AND "AG" AGRICULTURAL DISTRICT TO "SF -2" 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 -599 (ZA10 -052), 2nd Reading, Zoning
Change and Concept Plan for property being described as Lot 1, Block 1, Charles W.
Halfman Addition, and Tract 9D6, J.J. Freshour Survey, Abstract No. 521, and being
located at 2555 and 2527 Florence Road subject to Revised Concept Plan Review
Summary No. 1 dated September 29, 2010.
Motion: Hill
Second: Bledsoe
Ayes: Bledsoe, Hill, Morris, Muller, Zito, Terrell
Nays: None
Approved: 6 -0
Agenda Item No. 6E. ZA10 -051, Plat Revision for Lot 1, Block 1, Worsham Addition,
being a revision of Lot 1, Block 1, Charles W. Halfman Addition, and Tract 9D6, J.J.
REGULAR CITY COUNCIL MEETING MINUTES, NOVEMBER 2, 2010
Page 7 of 10
Freshour Survey, Abstract No. 521, and being located at 2527 and 2555 Florence
Road. Current Zoning: SF -1A Single Family Residential District and AG Agricultural
District. Requested Zoning: SF -2 Single Family Residential District. Planner Schell
presented this item in conjunction with item 6D. Applicant Pat Worsham answered
Council's questions.
Motion was made to approve ZA10 -051, Plat Revision for Lot 1, Block 1, Worsham
Addition, being a revision of Lot 1, Block 1, Charles W. Halfman Addition, and Tract
9D6, J.J. Freshour Survey, Abstract No. 521, and being located at 2527 and 2555
Florence Road subject to Revised Plat Review Summary No. 1 dated September 29,
2010.
Motion: Hill
Second: Bledsoe
Ayes: Bledsoe, Hill, Morris, Muller, Zito, Terrell
Nays: None
Approved: 6 -0
Agenda Item No. 6F. Ordinance No. 980, 2nd Reading, Southlake 2030 Southeast
Sector Land Use Plan. Director Baker presented this item and answered Council's
questions. Council discussed this item. In accordance with Section 4.21 of the City
Charter, the caption for this item is listed as follows:
AN ORDINANCE ADOPTING THE SOUTHEAST SECTOR PLAN AS AN ELEMENT
OF THE SOUTHLAKE 2030 PLAN, THE CITY'S COMPREHENSIVE PLAN UPDATE.
No one spoke during the public hearing.
Motion was made to approve Ordinance No. 980, 2 Reading, Southlake 2030
Southeast Sector Land Use Plan noting the addition of a buffer of trees on the west side
of Brumlow Avenue.
Motion: Hill
Second: Zito
Ayes: Bledsoe, Hill, Morris, Muller, Zito, Terrell
Nays: None
Approved: 6 -0
Mayor Terrell called for a break at 9:15 p.m. and reconvened the meeting at 9:32 p.m.
Councilmember Wang returned to the meeting.
Agenda Item No. 7A. Ordinance No. 480 -549B (ZA10 -054), 1 Reading, Zoning Change
and Site Plan for Tower Plaza on property being described as Tract 3B, 3B01 and a
portion of Tract 3D01, Obediah W. Knight Survey, Abstract No. 899, and being located
at 821, 829 and 835 East Southlake Boulevard. Current Zoning: S -P -1 Detailed Site
Plan District. Requested Zoning: S -P -1 Detailed Site Plan District. SPIN Neighborhood
#9. Planner Schell presented this item to Council. Applicant Curtis Young gave an initial
presentation to Council. Applicant Nels Nelson, 2803 Carrack Court, Southlake, Texas
REGULAR CITY COUNCIL MEETING MINUTES, NOVEMBER 2, 2010
Page 8 of 10
made a presentation to Council and answered questions. Dr. Corazon Ramirez also
made a presentation and answered questions.
Mayor Terrell allowed the public to speak.
Mark Greenberg, 412 Borders Court, Southlake, Texas, spoke in support.
Manuel R. Ramirez, 4790 Byron Circle, Irving, Texas, spoke in support.
Tej Gill, 1108 Bay Meadows Drive, Southlake, Texas, spoke in support.
Mayor Terrell read the names of those that wanted to record their support but did not
wish to speak:
Zena Rucker, 650 South Carroll Avenue, Southlake, Texas;
Michael Hahn, 405 Bryn Meadows, Southlake, Texas;
Tom Matthews, 2875 Exchange, Southlake, Texas;
Navneet Gill, 1108 Bay Meadows Drive, Southlake, Texas;
Mike and Trung Tran, 701 Sutton Mill Court, Southlake, Texas;
Sumeesh Dhawan, 1211 Del Mar Drive, Southlake, Texas;
Kevin Howig, 905 Carriage Way, Southlake, Texas; and,
Parind Patel, 910 East Southlake Boulevard, Southlake, Texas.
Mayor Terrell read a letter in support of this item that was signed by the following
individuals and presented to Council this evening:
Gregory Jones, 2105 Cheyenne Park Lane, Southlake, Texas;
Mike Maric, 2757 East Southlake Boulevard, Southlake, Texas;
Kristi B. Hess, 1315 Bentley Court, Southlake, Texas;
Mary K. Hasler, 401 Southridge Lakes Parkway, Southlake, Texas;
Brandon Scott Lydick, 922 Midland Creek Drive, Southlake, Texas; and,
Mike Tran, 701 Sutton Mill Court, Southlake, Texas.
Ann K. Davis, 308 Foxborough, Southlake, Texas spoke in opposition.
Mr. Nelson and Dr. Ramirez answered Council's questions.
Jack Adkins, 9946 Edgecliff Circle, Dallas, Texas answered Council's questions
regarding the signage.
Council continued to discuss this item.
Motion was made to approve Ordinance No. 480 -549B (ZA10 -054), 1 Reading, Zoning
Change and Site Plan for Tower Plaza subject to applicant's agreement to extend the
sidewalk on the south side of Building One east to the main sidewalk; noting Council's
request that the applicant add some distinctive features to the back of the hospital
building facing Zena Rucker Boulevard; stating that no residential uses or assisted living
facility uses be allowed as permitted uses; stating that no skilled nursing or memory
REGULAR CITY COUNCIL MEETING MINUTES, NOVEMBER 2, 2010
Page 9 of 10
care uses be allowed as permitted uses; requiring the following wording to be added if
the applicant should choose to utilize the Tarrant County bond funds that were
previously approved for use on this tract of land and stating that the applicant shall
place the following language on all offering statements or other sales or marketing
materials supporting the debt instrument: "The City of Southlake is not an owner,
investor, partner, participant or guarantor of this project "; requiring irrigation and turf of
the multi- tenant office building site until it is constructed; and subject to Site Plan
Review Summary No. 2 dated October 15, 2010 and granting variance to driveway
stacking.
Motion: Hill
Second: Bledsoe
Ayes: Bledsoe, Hill, Wang, Zito, Terrell
Nays: Morris, Muller
Approved: 5 -2
Councilmember Wang left the meeting for the evening.
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 the city attorney. City Council adjourned for Executive
Session at 11:24 p.m. Executive Session began at 11:29 p.m. and ended at 11:53 p.m.
Agenda Item No. 2B. Reconvene. Mayor Terrell reconvened the regular meeting at
11.54 p.m. and asked if any action was necessary from Executive Session. No action
was necessary.
Agenda Item No. 11. Meeting adjourned. Mayor Terrell adjourned the meeting at 11:54
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, NOVEMBER 2, 2010
Page 10 of 10