2011-01-04 Regular CC Meeting CITY O F
SOUTHLAKE
TEXAS
REGULAR CITY COUNCIL MEETING: JANUARY 4, 2011
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. FY 2011 Project Priorities:
A. Pathways Construction Priority List
B. Wayfinding Signage Priority List
C. Public Urban Enhancement Project Priority List (Tree Mitigation Funds)
4. Safety Town Park
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(0, 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 pending XTO and
Energy Transfer Specific Use Permit, Gas Well Permit and
Pipeline Permit applications.
c. Seek advice of the city attorney regarding the regulation of
the sale of alcoholic beverages.
d. Seek advice of the city attorney regarding Carroll
Independent School District projects.
City of Southlake values:
Integrity ♦ Innovation • Accountability • Commitment to Excellence ♦ Teamwork
City of Southlake
City Council meeting agenda
January 4, 2011
Page 2 of 8
2. Section 551.072: Deliberation regarding real property
a. Discuss the potential purchase or lease of real property for
city facilities and projects.
3. Section 551.074: Deliberation regarding personnel matters
a. Deliberate the appointment of the City Secretary position.
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
B. City Manager's 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 December 7, 2010 regular City Council
meeting.
B. Authorize the execution of a contract for the billing of treated water
between the City of Fort Worth and the Cities of Keller, Southlake and
Westlake.
C. Resolution No. 10 -059, Approve the Advance Funding Agreement for a
Transportation Enhancement Project for FM 1709 sidewalks.
D. Approve an amendment to the TxDOT Local Project Advance Funding
Agreement for the FM 1709 Median Project in the amount of $187,286.80.
E. Resolution No. 11 -001, Appoint a Chairperson of the Board of Directors of
Tax Increment Reinvestment Zone Number One for the 2011 calendar
year.
F. Approve the 2011 Interlocal Agreement with the cities of Colleyville,
Grapevine and Keller for the Metroport Teen Court Program.
City of Southlake values:
Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork
City of Southlake
City Council meeting agenda
January 4, 2011
Page 3 of 8
G. Approve a Community Services Agreement with the Southlake Chamber
of Commerce.
H. Approve a Community Services Agreement with Southlake Community
Band.
I. Approve a Community Services Agreement with APEX Arts League.
J. Approve a Community Services Agreement with Arts Council Northeast.
K. — N. These items were intentionally left blank.
O. Approve a policy for the display of art in public facilities.
P. Approve a Plat Extension request for ZA06 -030, Preliminary Plat for
Saddleback Ridge Estates, located at 330 through 360 West Bob Jones
Road. Current Zoning: SF -1A Single Family Residential District. SPIN
Neighborhood #1.
Q. Approve a Plat Extension request for ZA06 -185, Final Plat for Saddleback
Ridge Estates located at 330 through 360 West Bob Jones Road and
4640 North White Chapel Boulevard. Current Zoning: SF -1A Single Family
Residential District. SPIN Neighborhood #1.
R. Ordinance No. 480 -601 (ZA10 -060), 1 Reading, Zoning Change and
Development Plan for Highland Park on property being described as Tract
1B02, W.W. Hall Survey, Abstract No. 687 and Lot 1R2, Block 1,
Southlake Assembly of God Addition and being located at 151 and 411
East Highland Street. Current Zoning: AG Agricultural Zoning District and
CS Community Service Zoning District. Requested Zoning: R -PUD
Residential Planned Unit Development Zoning District. SPIN
Neighborhood #7. (If approved at first reading, the public hearing will be
held on January 18, 2011.)
S. Ordinance No. 480 -439a (formerly noted as 480 -602) (ZA10 -065), 1st
Reading, Zoning Change and Site Plan for Texas Digestive Disease
Consultants on property being described as Lot 5R, Block 5, Cornerstone
Business Park Addition and being located at 505 South Nolen Drive.
Current Zoning: S -P -2 Generalized Site Plan District. Requested Zoning:
S -P -2 Generalized Site Plan District. SPIN Neighborhood #8. (If approved
at first reading, the public hearing will be held on January 18, 2011.)
T. MSP10 -005, Amendment to the Master Sign Plan for White's Chapel
United Methodist Church located at 185 South White Chapel Boulevard.
City of Southlake values:
Integrity ♦ Innovation • Accountability ♦ Commitment to Excellence ♦ Teamwork
City of Southlake
City Council meeting agenda
January 4, 2011
Page 4 of 8
U. Authorize the City Manager to enter into a contract with Carroll
Independent School District for the acquisition of right -of -way for the
extension of East Kirkwood Boulevard.
V. 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 District. SPIN
Neighborhood #9. THIS ITEM IS ADMINISTRATIVELY TABLED AND
THE PUBLIC HEARING CONTINUED TO THE JANUARY 18, 2011 CITY
COUNCIL MEETING. (This is the eighth time this item will be tabled.)
REGULAR AGENDA:
5. Public Forum.
(The Public Forum will not begin prior to 7:00 p.m. This is the public's opportunity
to address the City Council about non - agenda items. During this proceeding, the
City Council will not discuss, consider or take action on any item presented. We
respectfully ask that anyone stepping forward to speak during Public Forum to
please limit remarks to three minutes or less.)
6. Ordinances, second readings, public hearings, and related items:
A. ZA10 -066, Site Plan for expansions at Dawson Middle School and
Eubanks Intermediate School on property being described as Lot 1R,
Block 1, Carroll ISD No. 4 Addition and being located at 400 and 500
South Kimball Avenue. Current Zoning: CS Community Service District.
SPIN Neighborhood #8. PUBLIC HEARING
B. This item was intentionally left blank.
C. Ordinance No. 480 -BBBB, 2nd Reading, An amendment to the
Comprehensive Zoning Ordinance No. 480, as amended, as it pertains to
termination or amortization of non - conforming uses. PUBLIC HEARING
D. Resolution No. 10 -057 (GAS10 -004), Specific Use Permit for Gas and Oil
Well Drilling and Production on property being located at 651 and 655
East Highland Street on property being described as a portion of Lots 1R1
and 2, Block A, Milner Addition. Current Zoning: AG Agricultural District.
SPIN Neighborhood #7. PUBLIC HEARING
E. GAS10 -005, Consider Requested Variances to Ordinance No. 880 -A, Gas
and Oil Well Permit Drilling and Production Ordinance for gas well
permit(s) associated with Gas and Oil Well Drilling and Production on
City of Southlake values:
Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence • Teamwork
City of Southlake
City Council meeting agenda
January 4, 2011
Page 5 of 8
property being located at 651 and 655 East Highland Street on property
being described as a portion of Lots 1R1 and 2, Block A, Milner Addition.
Current Zoning: AG Agricultural District. SPIN Neighborhood #7. THIS
ITEM IS RELATED TO THE SPECIFIC USE PERMIT (Resolution No.
10 -057 — GAS10 -004).
F. GAS10 -006, Consider Requested Variances to Ordinance No. 880 -A, Gas
and Oil Well Permit Drilling and Production Ordinance for a pipeline permit
associated with Gas and Oil Well Drilling and Production on property
being located at 651 and 655 East Highland Street on property being
described as a portion of Lots 1R1 and 2, Block A, Milner Addition.
Current Zoning: AG Agricultural District. SPIN Neighborhood #7. THIS
ITEM IS RELATED TO THE SPECIFIC USE PERMIT (Resolution No.
10 -057 — GAS10 -004).
G. Variance to Noise Ordinance No. 778, as amended, for Energy Transfer
to install a pipeline for the transportation of natural gas along the State
Highway SH -114 corridor. THIS ITEM IS RELATED TO THE SPECIFIC
USE PERMIT (Resolution No. 10 -057 — GAS10 -004).
H. Ordinance No. 993, 2nd Reading, Amending Chapter 11, Offenses and
Miscellaneous Provisions of the City Code of Ordinances, as amended, by
adding Article V, Prohibiting the possession, purchase, sale and ingestion
of certain drugs. PUBLIC HEARING
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. Consider SV10 -27, Variance to Sign Ordinance No. 704, as amended, for
Straffort Garden Office Park located at 435 and 445 West Southlake
Boulevard.
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
January 4, 2011
Page 6 of 8
CERTIFICATE
I hereby certify that the above agenda was posted on the official bulletin boards at Town
Hall, 1400 Main Street, Southlake, Texas, on Thursday, December 30, 2010 by 6:00
p.m., pursuant to the Texas Government Code, Chapter 551.
Lori P TRW: '�0 ?wales
City Seu Ctaiy' -- f��OGI�'C.(�fiLf
If you plan to attend this public meeting and have a disability that requires special needs, please
advise the City Secretary's Office 48 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
January 4, 2011
Page 7 of 8
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
January 4, 2011
Page 8 of 8
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
1 CITY OF OFFICIAL RECORL
SOUTHLAKE
TEXAS
REGULAR CITY COUNCIL MEETING MINUTES: JANUARY 4, 2011
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, Director of Finance Sharen Jackson, Director of Human
Resources Stacey Black, Director of Planning and Development Services Ken Baker,
Planner II Clayton Comstock, Planner I Lorrie Fletcher, Chief of Fire Services Mike
Starr, Fire Marshal David Barnes, Chief of Police Services Robert Finn, Community
Initiatives Supervisor Mike 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 Bryn Meredith, City Attorney E. Allen Taylor, City Secretary Lori
Payne and Deputy City Secretary Tara Brooks.
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 gave the
invocation. Mayor Terrell led the pledge of allegiance.
Agenda Item No. 3A. FY 2011 Project Priorities: Pathways Construction Priority List.
Planner Fletcher presented this item to Council and answered Council's questions.
Agenda Item No. 3B. FY 2011 Project Priorities: Wayfinding Signage Priority List.
Planner Comstock presented this item to Council and answered Council's questions.
REGULAR CITY COUNCIL MEETING MINUTES, JANUARY 4, 2011
Page 1 of 12
f '
Agenda Item No. 3C. FY 2011 Project Priorities: Beautification of Public Areas Project
Priority List. Deputy Director Happold presented this item to Council and answered
Council's questions. City Manager Yelverton also answered Council's questions.
Agenda Item No. 4. Safety Town Park. Mayor Terrell announced the discussion on this
item would be delayed until the January 18, 2011 City Council meeting.
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. Items 40, 4R, and 4V were tabled
to the January 18, 2011 City Council meeting.
REGULAR SESSION:
Agenda Item No. 1. Call to order. The Regular Session of the City Council was called to
order by Mayor Terrell at 6:22 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; Section 551.074, deliberation regarding personnel matters and Section
551.087, deliberation regarding economic development negotiations. City Council
adjourned for Executive Session at 6:22 p.m. Executive Session began at 6:50 p.m. and
ended at 8:21 p.m.
Agenda Item No. 2B. Reconvene. Mayor Terrell reconvened the regular meeting at 8:33
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. Mayor Pro Tem Hill
discussed the SPARK meeting that will be held on January 25 at 7:00 p.m. in Town
Hall.
Agenda Item No. 3B. City Manager's Report. A report was not given.
CONSENT AGENDA: Consent Agenda items are considered to be routine by the City
Council and are enacted with one motion. Mayor Terrell read the Consent Agenda items
into the record.
Agenda Item No. 4A. Approve the minutes from the December 7, 2010 regular City
Council meeting. The minutes were approved as presented.
Agenda Item No. 4B. Authorize the execution of a contract for the billing of treated water
between the City of Fort Worth and the Cities of Keller, Southlake and Westlake. A
presentation was not made on this item.
REGULAR CITY COUNCIL MEETING MINUTES, JANUARY 4, 2011
Page 2 of 12
Agenda Item No. 4C. Resolution No. 10 -059, Approve the Advance Funding Agreement
for a Transportation Enhancement Project for FM 1709 sidewalks. 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 APPROVING THE ADVANCE FUNDING AGREEMENT FOR A
TRANSPORTATION ENHANCEMENT PROJECT FOR THE FM1709 SIDEWALKS
WITH THE STATE OF TEXAS AND AUTHORIZING THE MAYOR TO EXECUTE
SAME.
Agenda Item No. 4D. Approve an amendment to the TxDOT Local Project Advance
Funding Agreement for the FM 1709 Median Project in the amount of $187,286.80. A
presentation was not made on this item.
Agenda Item No. 4E. Resolution No. 11 -001, Appoint a Chairperson of the Board of
Directors of Tax Increment Reinvestment Zone Number One for the 2011 calendar year.
Mayor Terrell announced Brandon Bledsoe would be the Chairperson. 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, APPOINTING A
CHAIRPERSON OF THE BOARD OF DIRECTORS OF TAX INCREMENT
REINVESTMENT ZONE NUMBER ONE, AND PROVIDING AN EFFECTIVE DATE.
Agenda Item No. 4F. Approve the 2011 Interlocal Agreement with the cities of
Colleyville, Grapevine and Keller for the Metroport Teen Court Program. A presentation
was not made on this item.
Agenda Item No. 4G. Approve a Community Services Agreement with the Southlake
Chamber of Commerce. A presentation was not made on this item.
Agenda Item No. 4H. Approve a Community Services Agreement with Southlake
Community Band. A presentation was not made on this item.
Agenda Item No. 41. Approve a Community Services Agreement with APEX Arts
League. A presentation was not made on this item.
Agenda Item No. 4J. Approve a Community Services Agreement with Arts Council
Northeast. A presentation was not made on this item.
Agenda Items No. 4K.— 4N. These items were intentionally left blank.
Agenda Item No. 40. Approve a policy for the display of art in public facilities. Mayor
Terrell announced this item would be tabled to the January 18, 2011 City Council
meeting.
REGULAR CITY COUNCIL MEETING MINUTES, JANUARY 4, 2011
Page 3 of 12
Agenda Item No. 4P. Approve a Plat Extension request for ZA06 -030, Preliminary Plat
for Saddleback Ridge Estates, located at 330 through 360 West Bob Jones Road.
Current Zoning: SF -1A Single Family Residential District. SPIN Neighborhood #1. A
presentation was not made on this item.
Agenda Item No. 4Q. Approve a Plat Extension request for ZA06 -185, Final Plat for
Saddleback Ridge Estates located at 330 through 360 West Bob Jones Road and 4640
North White Chapel Boulevard. Current Zoning: SF -1A Single Family Residential
District. SPIN Neighborhood #1. A presentation was not made on this item.
Agenda Item No. 4R. Ordinance No. 480 -601 (ZA10 -060), 1 Reading, Zoning Change
and Development Plan for Highland Park on property being described as Tract 1 B02,
W.W. Hall Survey, Abstract No. 687 and Lot 1 R2, Block 1, Southlake Assembly of God
Addition and being located at 151 and 411 East Highland Street. Current Zoning: AG
Agricultural Zoning District and CS Community Service Zoning District. Requested
Zoning: R -PUD Residential Planned Unit Development Zoning District. SPIN
Neighborhood #7. Applicant Curtis Young of Sage Group Inc. requested to table this
item to the January 18, 2011 City Council meeting. The following persons did not speak
but submitted comment cards in support of Item 4R:
Helen Madden, 181 East Highland, Southlake, Texas; and,
Mike and Doris LaFavers, 303 East Highland Road, Southlake, Texas.
Agenda Item No. 4S. Ordinance No. 480 -439a (formerly noted as 480 -602) (ZA10 -065),
1 Reading, Zoning Change and Site Plan for Texas Digestive Disease Consultants on
property being described as Lot 5R, Block 5, Cornerstone Business Park Addition and
being located at 505 South Nolen Drive. Current Zoning: S -P -2 Generalized Site Plan
District. Requested Zoning: S -P -2 Generalized Site Plan District. SPIN Neighborhood
#8. A presentation was not made on this item. Applicant Davis Glass of Quanah
Properties, LP answered Council's questions. Mr. Glass agreed to the Council
recommendations of making improvements to the covered parking structure; limiting the
intended uses; including landscaping on all sides of the building; including the
requirements in landscape notes Items A — E; and meeting the city's lighting ordinance
requirements.
Agenda Item No. 4T. MSP10 -005, Amendment to the Master Sign Plan for White's
Chapel United Methodist Church located at 185 South White Chapel Boulevard. A
presentation was not made on this item.
Agenda Item No. 4U. Authorize the City Manager to enter into a contract with Carroll
Independent School District for the acquisition of right -of -way for the extension of East
Kirkwood Boulevard. A presentation was not made on this item.
Agenda Item No. 4V. Ordinance No. 480 -598 (ZA10 -039), 2 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
REGULAR CITY COUNCIL MEETING MINUTES, JANUARY 4, 2011
Page 4 of 12
Zoning: 0 -1 Office Zoning District. Requested Zoning: S -P -2 Generalized Site Plan
District. SPIN Neighborhood #9. Director Baker answered questions about this item.
This item was administratively tabled and the public hearing continued to the January
18, 2011 City Council meeting.
Motion was made to approve consent agenda items 4A; 4B; 4C; 4D; 4E appointing
Brandon Bledsoe; 4F; 4G; 4H; 41; 4J; to table item 40 to the January 18, 2011 City
Council meeting; 4P; 4Q; to table item 4R to the January 18, 2011 City Council meeting
at the applicant's request; 4S with the following Council recommendations: making
improvements to the covered parking structure; limiting the intended uses; including
landscaping on all sides of the building; including the requirements in landscape notes
Items A — E; and meeting the city's lighting ordinance requirements; 4T; 4U; and to table
4V to the January 18, 2011 City Council meeting.
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.
Dianne Dorman, 100 Ascot Drive, Southlake, Texas spoke to Council regarding the
benefits of Civil Service protection for city employees.
Mayor Terrell closed the public forum.
Agenda Item No. 6A. ZA10 -066, Site Plan for expansions at Dawson Middle School and
Eubanks Intermediate School on property being described as Lot 1R, Block 1, Carroll
ISD No. 4 Addition and being located at 400 and 500 South Kimball Avenue. Current
Zoning: CS Community Service District. SPIN Neighborhood #8. Director Baker
presented this item to Council. The applicant's representatives John Blacker of Hart,
Gaugler & Associates, Inc.; Shane Garthoff of Garthoff Design; and John Haugen of
Natex Architects answered Council's questions. Carroll ISD representative, Dr. Derek
Citty, also answered Council's questions.
Mayor Terrell opened the public hearing.
Pattie Minder, 223 Eastwood Drive, Southlake, Texas spoke in support but raised
concerns regarding the public announcement system and the lighting.
Mayor Terrell closed the public hearing.
REGULAR CITY COUNCIL MEETING MINUTES, JANUARY 4, 2011
Page 5 of 12
Motion was made to approve ZA10 -066, Site Plan for expansions at Dawson Middle
School and Eubanks Intermediate School granting requested variance regarding
residential adjacency setback; noting the applicant's willingness to plant cathedral live
oaks instead of the common live oaks and to provide bubble irrigation for all of the trees;
noting applicant's willingness to work with the neighbors on any previous agreements
that may be in place; and subject to the Staff Report dated December 20, 2010.
Motion: Hill
Second: Bledsoe
Ayes: Bledsoe, Hill, Morris, Muller, Terrell, Wang, Zito
Nays: None
Approved: 7 -0
Agenda Item No. 6B. This item was intentionally left blank.
Agenda Item No. 6C. Ordinance No. 480 -BBBB, 2 " Reading, An amendment to the
Comprehensive Zoning Ordinance No. 480, as amended, as it pertains to termination or
amortization of non - conforming uses. There was no staff presentation made on this
item. In accordance with Section 4.21 of the City Charter, the caption for this item is
listed as follows:
AN ORDINANCE AMENDING SECTIONS 6.9, 6.10, 6.11, AND 44.3 (d), (e) and (f) OF
THE CITY'S COMPREHENSIVE ZONING ORDINANCE, AS AMENDED, TO REVISE
THE PROVISIONS AND PROCEDURES REGARDING THE DESTRUCTION,
RECONSTRUCTION AND TERMINATION OR AMORTIZATION OF
NONCONFORMING USES AND THE BOARD OF ADJUSTMENT'S AUTHORITY AND
RESPONSBILITY RELATING THERETO, PROVIDING THAT THIS ORDINANCE
SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY
CLAUSE; PROVIDING A PENALTY FOR VIOLATIONS; 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 -BBBB, 2 Reading, An amendment to
the Comprehensive Zoning Ordinance No. 480, as amended, as it pertains to
termination or amortization of non - conforming uses.
Motion: Hill
Second: Bledsoe
Ayes: Bledsoe, Hill, Morris, Muller, Terrell, Wang, Zito
Nays: None
Approved: 7 -0
Agenda Item No. 6D. Resolution No. 10 -057 (GAS10 -004), Specific Use Permit for Gas
and Oil Well Drilling and Production on property being located at 651 and 655 East
Highland Street on property being described as a portion of Lots 1R1 and 2, Block A,
Milner Addition. Current Zoning: AG Agricultural District. SPIN Neighborhood #7. Mayor
REGULAR CITY COUNCIL MEETING MINUTES, JANUARY 4, 2011
Page 6 of 12
Terrell introduced this item. Applicant Walter Dueease with XTO Energy, Inc., 810
Houston Street, Fort Worth, Texas made a presentation and answered Council's
questions.
Mayor Terrell stated that the public hearings for Agenda Items 6D, 6E, 6F, and 6G
would take place simultaneously. He opened all of the public hearings and took public
comments. Mayor Terrell stated that he will not read through the comment cards again
for those who completed comment cards at or spoke at the December 7, 2010 City
Council meeting.
Janeth Stiller, 218 Bob -O -Link Drive, Southlake, Texas spoke in opposition.
William Covington, 305 Chestnut Cove Circle, Southlake, Texas spoke in opposition to
the variances.
David Adams, 165 Creekway Bend, Southlake, Texas spoke in opposition to the
variances.
James Wall, 2500 Stanford Drive, Flower Mound, Texas spoke in opposition.
Tony Lorenzen, 525 South Nolen Drive, Southlake, Texas spoke in opposition.
Beth Adams, 165 Creekway Bend, Southlake, Texas spoke in opposition.
Diane Harris, 1025 Mission Drive, Southlake, Texas spoke in opposition to the
variances.
Sri Narayanan, 300 Preakness Circle, Southlake, Texas spoke in opposition.
Ron Eddins, 3000 Burney Lane, Southlake, Texas spoke in opposition.
Mayor read the following comment cards from persons who wished to register their
opposition but did not want to speak:
Connor Adams, 165 Creekway Bend, Southlake, Texas;
Todd Ammermann, 506 Morningside Drive, Southlake, Texas;
Jesse and Jamie Cadiz, 707 Chaucer Court, Southlake, Texas, opposed to variances;
Thomas and Marina Chacko, 115 Parkcrest Drive, Southlake, Texas opposed to
variances;
Michele Cline, 114 Harvard Drive, Southlake, Texas;
Dianne Dorman, 100 Ascot Drive, Southlake, Texas;
Jay Emery, 1200 Concord Avenue, Southlake, Texas;
Dale Estialao (no address provided);
Mike Freden, 708 Heatherglen Drive, Southlake, Texas;
Anthony Howard, 709 Nettleton Drive, Southlake, Texas;
Carol Kostaras, 1314 Montgomery Lane, Southlake, Texas;
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Trevor Matheson, 800 Dove Creek Trail, Southlake, Texas.
Michael and Rita Mills, 1528 Main Street, Southlake, Texas;
Silviu and Nicoleia Moraru, 813 Saxon Trail, Southlake, Texas;
Rob and Kami Myles, 315 East Dove Road, Southlake, Texas;
Timm Olson, 919 Dove Creek Trail, Southlake, Texas;
Pat Painter, 609 Loving, Southlake, Texas;
Creo Smith, 1311 Avon Terrace, Southlake, Texas;
Marjorie Stockton, 1232 Mount Gilead Road, Roanoke, Texas;
Cynthia Stuart, 9747 Broken Bow Road, Dallas, Texas;
Sandy Ward, 203 Shelmar Drive, Euless, Texas;
Patti Weber, 922 Turnberry, Southlake, Texas;
Lauren and Nicholas Wilcox, 1904 Country Moss Way, Southlake, Texas;
James Wisniewski, 1449 North Sunshine Lane, Southlake, Texas;
Mayor read the following comment cards from persons who wished to register support
but did not want to speak:
Arnold Adams, 1704 Pecos Drive, Southlake, Texas;
Syed Razi Ahmed, 2000 Shady Oaks Drive, Southlake, Texas;
Cheryl and Robert Carr, 2412 Taylor, Southlake, Texas;
H.W. Cook, 201 East Highland, Southlake, Texas;
Lola Cruse, 2100 Sandell Drive, Grapevine, Texas;
Bob and Tracey Dean, 911 South White Chapel Boulevard, Southlake, Texas;
Sara Gray, 1275 Shady Oaks Drive, Southlake, Texas;
Michael Heath, 211 Westwood Drive, Southlake, Texas;
Sara Jamal, 2000 Shady Oaks Drive, Southlake, Texas;
Ali Jamal, 2000 Shady Oaks Drive, Southlake, Texas;
Mumamar Jehara, 2000 Shady Oaks Drive, Southlake, Texas;
Sadia Ambarin Jamal, 2000 Shady Oaks Drive, Southlake, Texas;
Syed Jamal, 2000 Shady Oaks Drive, Southlake, Texas;
Buddy Luce, 1850 Hunters Creek, Southlake, Texas;
Helen Madden, 181 East Highland, Southlake, Texas;
Haider Malik, 700 South White Chapel Boulevard, Southlake, Texas;
Hamza Malik, 700 South White Chapel Boulevard, Southlake, Texas;
Mustafa Malik, 700 South White Chapel Boulevard, Southlake, Texas;
Muhammed Malik, 700 South White Chapel Boulevard, Southlake, Texas;
Pat Morgan, 210 Westwood Drive, Southlake, Texas;
Virgil Oliphant, 1035 Summerplace Lane, Southlake, Texas registered his support of
Case GAS10 -004 but also registered opposition to any variances;
Jeff Pannell, 1418 Whispering Dell Court, Southlake, Texas;
Kathleen Puryear, 1800 North White Chapel Boulevard, Southlake, Texas;
Austin Puryear, 1800 North White Chapel Boulevard, Southlake, Texas;
Andrew Puryear /Shivers Farm, 1800 North White Chapel Boulevard, Southlake, Texas;
Jamal Seyd, 2000 Shady Oaks Drive, Southlake, Texas;
Mel Skaggs, 600 Llano Court, Southlake, Texas;
J.R. and Cindy Sykes, 720 South White Chapel Boulevard, Southlake, Texas;
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Catherine Vollmer, 711 Malton Lane, Southlake, Texas;
Ron West, 1717 Burr Oak, Southlake, Texas; and,
Don and Irene Wills, 307 Foxborough Lane, Southlake, Texas.
White's Chapel United Methodist Church submitted a resolution in support
Mike O'Bryan, 1085 Highland Oaks Drive, Southlake, Texas submitted a card but did
not indicate support or opposition.
Virginia Simonson, 3104 Native Oak Drive, Flower Mound, Texas spoke in opposition.
Katherine Findlay, 802 Dove Creek Trail, Southlake, Texas spoke in opposition.
Ann Davis, 308 Foxborough, Southlake, Texas spoke in support.
The comment cards received from the following people were not read into the record by
Mayor Terrell on January 4, 2011 because they either spoke at or submitted cards at
the December 7, 2010 City Council meeting where this item was considered last:
The following persons submitted cards in opposition:
Nina Dunn, 950 North White Chapel Boulevard, Southlake, Texas;
Daniel and Julianna Garrison, 6401 Westcoat Drive, Colleyville, Texas;
David LaChance, 910 Emerald Boulevard, Southlake, Texas;
Audra Lewandowski, 405 Indian Paintbrush, Southlake, Texas;
Barbara Oliphant, 1035 Summerplace Lane, Southlake, Texas;
Robert Stiller, 218 Bob -O -Link Drive, Southlake, Texas,
Ernesto Werbiski, 316 Dove Creek Trail, Southlake, Texas;
Peter and Sally Wilcox, 1904 Country Moss Way, Southlake, Texas; and,
Karen Wilson, 100 Timberline S, Colleyville, Texas.
The following persons submitted cards in support:
Bob and Ruth Ann Adams, 1204 and 1206 Woodsey Court, Southlake, Texas;
Tom Allen, 9 Village Circle, Westlake, Texas;
Jim T. and Alice Covington, 1213 Woodsey Court, Southlake, Texas;
Bill Faris, 3000 Flamingo Circle, Southlake, Texas;
Ken Grossman, 217 Westwood Drive, Southlake, Texas;
Mike and Doris Lafavers, 303 East Highland, Southlake, Texas;
Bill and Phyllis Lafavers, 620 South White Chapel Boulevard, Southlake, Texas;
Amjad and Anila Malik, 700 South White Chapel Boulevard, Southlake, Texas;
Richard and Bernice McCauley, 900 Wildwood, Southlake, Texas;
Joey Milner, 651 East Highland Street, Southlake, Texas;
Laurie Milner, 651 East Highland Street, Southlake, Texas;
Mary Jo Milner, 651 East Highland Street, Southlake, Texas;
Pattie Minder, 223 Eastwood Drive, Southlake, Texas;
Steve Oren, 2050 Shady Oaks Drive, Southlake, Texas;
Zena Rucker, 650 South Carroll Avenue, Southlake, Texas;
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Matt Schirle, 1512 Main Street, Southlake, Texas;
Manzufr and Tahirah Shafi, 1861 Sunshine, Southlake, Texas;
Lisa Spain, 1030 Primrose Lane, Southlake, Texas;
Paul and Graylene Spain, 2200 Estes Park, Southlake, Texas;
Gene and Mary Upshaw, 655 East Highland Street, Southlake, Texas;
Charlene Upshaw, 655 East Highland Street, Southlake, Texas;
Gail Upshaw, 120 Green Oak, Southlake, Texas;
John and Marilyn Van Son, 675 Southview Trail, Southlake, Texas;
Ray Williamson, 479 West Highland, Southlake, Texas;
Pat and Cheri Summerall, 710 South White Chapel Boulevard, Southlake, Texas.
Mayor Terrell called for a break at 10:04 p.m. and reconvened the meeting at 10:25
p.m.
The Council continued discussion of this item and asked questions of Mr. Dueease.
At 12:42 a.m., the Council ended their discussion of this item and Mayor Terrell stated
that these items would be tabled to the February 1, 2011 City Council meeting.
Motion was made to table Resolution No. 10 -057 (GAS10 -004), Specific Use Permit for
Gas and Oil Well Drilling and Production to the February 1, 2011 City Council meeting.
Motion: Hill
Second: Morris
Ayes: Bledsoe, Hill, Morris, Muller, Terrell, Wang, Zito
Nays: None
Tabled: 7 -0
Agenda Item No. 6E. GAS10 -005, Consider Requested Variances to Ordinance No.
880 -A, Gas and Oil Well Permit Drilling and Production Ordinance for gas well permit(s)
associated with Gas and Oil Well Drilling and Production on property being located at
651 and 655 East Highland Street on property being described as a portion of Lots 1R1
and 2, Block A, Milner Addition. Current Zoning: AG Agricultural District. SPIN
Neighborhood #7. Mayor Terrell introduced this item. This item was discussed and the
public hearing was held simultaneously with agenda items 6D, 6F, and 6G.
Motion was made to table GAS10 -005, Consider Requested Variances to Ordinance
No. 880 -A, Gas and Oil Well Permit Drilling and Production Ordinance for gas well
permit(s) associated with Gas and Oil Well Drilling and Production to the February 1,
2011 City Council meeting.
Motion: Hill
Second: Zito
Ayes: Bledsoe, Hill, Morris, Muller, Terrell, Wang, Zito
Nays: None
Tabled: 7 -0
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Agenda Item No. 6F. GAS10 -006, Consider Requested Variances to Ordinance No.
880 -A, Gas and Oil Well Permit Drilling and Production Ordinance for a pipeline permit
associated with Gas and Oil Well Drilling and Production on property being located at
651 and 655 East Highland Street on property being described as a portion of Lots 1R1
and 2, Block A, Milner Addition. Current Zoning: AG Agricultural District. SPIN
Neighborhood #7. Mayor Terrell introduced this item. This item was discussed and the
public hearing was held simultaneously with agenda items 6D, 6E, and 6G.
Motion was made to table GAS10 -006, Consider Requested Variances to Ordinance
No. 880 -A, Gas and Oil Well Permit Drilling and Production Ordinance for a pipeline
permit associated with Gas and Oil Well Drilling and Production to the February 1, 2011
City Council meeting.
Motion: Hill
Second: Zito
Ayes: Bledsoe, Hill, Morris, Muller, Terrell, Wang, Zito
Nays: None
Tabled: 7 -0
Agenda Item No. 6G. Variance to Noise Ordinance No. 778, as amended, for Energy
Transfer to install a pipeline for the transportation of natural gas along the State
Highway 114 corridor. Mayor Terrell introduced this item. This item was discussed and
the public hearing was held simultaneously with agenda items 6D, 6E, and 6F.
Motion was made to table the variance to Noise Ordinance No. 778, as amended, for
Energy Transfer to install a pipeline for the transportation of natural gas along the State
Highway 114 corridor to the February 1, 2011 City Council meeting.
Motion: Hill
Second: Muller
Ayes: Bledsoe, Hill, Morris, Muller, Terrell, Wang, Zito
Nays: None
Tabled: 7 -0
Agenda Item No. 6H. Ordinance No. 993, 2 Reading, Amending Chapter 11, Offenses
and Miscellaneous Provisions of the City Code of Ordinances, as amended, by adding
Article V, Prohibiting the possession, purchase, sale and ingestion of certain drugs.
There was no staff presentation made on this item. In accordance with Section 4.21 of
the City Charter, the caption for this item is listed as follows:
AN ORDINANCE AMENDING CHAPTER 11, OFFENSES AND MISCELLANEOUS
PROVISIONS, OF THE CITY CODE OF ORDINANCES OF THE CITY OF
SOUTHLAKE, TEXAS, AS AMENDED, BY ADDING ARTICLE V, PROHIBITING THE
POSSESSION, PURCHASE, SALE AND INGESTION OF CERTAIN DRUGS;
PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL
ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY
FOR VIOLATIONS HEREOF; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR
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PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE
DATE.
No one spoke during the public hearing.
Motion was made to approve Ordinance No. 993, 2 Reading, Amending Chapter 11,
Offenses and Miscellaneous Provisions of the City Code of Ordinances, as amended,
by adding Article V, Prohibiting the possession, purchase, sale and ingestion of certain
drugs.
Motion: Hill
Second: Muller
Ayes: Bledsoe, Hill, Morris, Muller, Terrell, Wang, Zito
Nays: None
Approved: 7 -0
Agenda Item No. 9A. Consider SV10 -27, Variance to Sign Ordinance No. 704, as
amended, for Stratfort Garden Office Park located at 435 and 445 West Southlake
Boulevard. Planner Fletcher presented this item to Council and answered questions.
Applicant Kosse Maykus, 608 Chapel Court, Southlake, Texas answered Council's
questions.
Motion was made to approve SV10 -27, Variance to Sign Ordinance No. 704, as
amended, for Stratfort Garden Office Park located at 435 and 445 West Southlake
Boulevard.
Motion: Hill
Second: Morris
Ayes: Bledsoe, Hill, Morris, Muller, Terrell, Wang, Zito
Nays: None
Approved: 7 -0
Agenda Item No. 11. Meeting adjourned. Mayor Terrell adjourned the meeting at 12:58
a.m.
*An audio recording of this meeting will be permanently retained in the City Secretary's
Office.
John Terrell
Mayor
ATTEST:
d att p
Lori Payne -1.
City Secretary
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