2011-05-03 Regular CC Meeting 1 ' CITY OF
SOUTHLAKE
TEXAS
REGULAR CITY COUNCIL MEETING: MAY 3, 2011
LOCATION: 1400 Main Street, Southlake, Texas 76092
Council Chambers in Town Hall
WORK SESSION: 5:30 P.M.
1. CaII to order.
2. Invocation: David Whitington, Chaplain of the Month
3. Presentation by Dana Davis introducing the Southlake Chamber of Commerce
2011 Award winners.
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: 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 the advice of the city attorney regarding gas drilling
and production and gas utility companies.
b. Seek the advice of the city attorney regarding pending XTO
and Energy Transfer Specific Use Permit, Gas Well Permit
and Pipeline Permit applications.
c. Seek the advice of the city attorney regarding Cause No.
153 - 252281 -11; Southlake Taxpayers Against Neighborhood
Drilling (STAND) vs. City of Southlake.
2. Section 551.072: Deliberation regarding real property
a. Discuss the potential purchase or lease of real property for
city facilities and projects.
City of Southlake values:
Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork
City of Southlake
City Council meeting agenda
May 3, 2011
Page2of7
3. Section 551.074: Deliberation regarding personnel matters
a. Deliberate the appointment, employment, evaluation,
reassignment, duties, discipline, or dismissal of the City
Manager.
4. Section 551.087: Deliberation regarding economic
development negotiations
a. Economic incentives for businesses.
B. Reconvene: Action necessary on items discussed in Executive Session.
3. REPORTS:
A. Mayor's Report
1. Update of upcoming meetings and events
2. Election information for May 14, 2011 Municipal Election
3. Proclamation for Building Safety Month
4. Proclamation for Motorcycle Safety Awareness Month
5. Gas drilling update.
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 of the April 19, 2011 City Council meeting.
B. Consider SV11 -004, variance to the Sign Ordinance No. 704, as
amended, for North Park.
C. Consider Carillon Phase 1A park plans for Northwest Enclave Park and
Villa Park North.
D. Resolution No. 11 -023, approve an interlocal agreement establishing the
North Central Texas Major Case Investigative Team.
E. Ordinance No. 999, 2nd Reading, Abandon a pedestrian and equestrian
easement located along southern boundary of Lots 10 through 17, Block
1, Fox Hollow Addition as shown on the plat dated July 5, 1996. THIS
ITEM IS ADMINISTRATIVELY TABLED TO THE MAY 10, 2011 CITY
COUNCIL MEETING. (City Council tabled the public hearing to May
3, 2011 at their April 19, 2011 meeting.)
City of Southlake values:
Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork
City of Southlake
City Council meeting agenda
May 3,2011
Page 3 of 7
F. Ordinance No. 480 -602 (ZA09 -062), 2 Reading, Zoning Change and Site
Plan on property being described as Tract 2B, a portion of Lot 2, R.P.
Estes Subdivision, and being located at 2411 Sam School Road. Current
Zoning: "AG" Agricultural District. Requested Zoning: "S -P -1" Detailed Site
Plan District. SPIN Neighborhood #5. THIS ITEM IS
ADMINISTRATIVELY TABLED TO THE MAY 10, 2011 CITY COUNCIL
MEETING. (City Council approved the first reading at their April 19,
2011 meeting.)
G. Ordinance No. 480 -EEEE, 2nd Reading, An amendment to the Zoning
Ordinance No. 480, as amended, as it pertains to permitted and accessory
uses and sales within certain (non - residential) zoning districts. THIS ITEM
IS ADMINISTRATIVELY TABLED TO THE MAY 10, 2011 CITY
COUNCIL MEETING. (City Council approved the first reading at their
April 19, 2011 meeting.)
H. Approve a variance to the Masonry Ordinance No. 557 -A for one portable
building at Durham Intermediate School. The request is being made by the
applicant, Carroll I.S.D., for property located at 801 Shady Oaks Drive,
being described as Lot 1, Block 1, Carroll ISD No. 1 Addition and being
approximately 30.475 acres. Current Zoning: "CS" Community Service
District. SPIN Neighborhood #7. THIS ITEM IS ADMINISTRATIVELY
TABLED TO THE MAY 10, 2011 CITY COUNCIL MEETING.
I. Approve a variance to the Masonry Ordinance No. 557 -A for two portable
buildings at Johnson Elementary School. The request is being made by
the applicant, Carroll I.S.D., for property located at 1301 North Carroll
Avenue, being described as Lot 13R1, F. Throop No. 1511 Addition and
being approximately 14.753 acres. Current Zoning: "CS" Community
Service District. SPIN Neighborhood #3. THIS ITEM IS
ADMINISTRATIVELY TABLED TO THE MAY 10, 2011 CITY COUNCIL
MEETING.
J. Approve a variance to the Masonry Ordinance No. 557 -A for two portable
buildings at Old Union Elementary School. The request is being made by
the applicant, Carroll I.S.D., for property located at 1050 South Carroll
Avenue, being described as Lot 1, Block 1, Carroll ISD No. 5 Addition and
being approximately 16.081 acres. Current Zoning: "RPUD" Residential
Planned Unit Development District. SPIN Neighborhood #8. THIS ITEM
IS ADMINISTRATIVELY TABLED TO THE MAY 10, 2011 CITY
COUNCIL MEETING.
K. Ordinance No. 480 -338c (ZA11 -007), 2nd Reading, Zoning Change and
Site Plan for improvements to Carroll Independent School District Senior
City of Southlake values:
Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork
City of Southlake
City Council meeting agenda
May 3,2011
Page 4 of 7
High School on property located at 1501 West Southlake Boulevard, being
described as Lot 1, Block 1, Carroll Senior High School Addition, and
being approximately 55.033 acres. Current Zoning: S -P -1 Detailed Site
Plan District. Requested Zoning: "S -P -1" Detailed Site Plan District. SPIN
Neighborhood #10. THE APPLICANT HAS REQUESTED TO TABLE
THIS ITEM TO MAY 17, 2011. (City Council tabled this item at their
April 5, 2011 and April 19, 2011 meetings.)
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. Resolution No. 11 -021 (ZA11 -010), Specific use permit for a mass
gathering event known as Relay for Life / Rachel's Challenge on property
being described as Lot 1, Block 1, Carroll ISD No. 1 Addition and Lot 1,
Block 1 and Lot 1, Block 2, Carroll ISD No. 2 Addition being located at 801
Shady Oaks Drive and 800 and 900 North White Chapel Boulevard.
Current Zoning: "CS" Community Service Zoning District and "NR -PUD"
Non - Residential Planned Unit Development Districts. SPIN Neighborhood
#7. PUBLIC HEARING (City Council tabled the public hearing to May
3, 2011 at their April 19, 2011 meeting.)
B. Ordinance No. 480 -CCCC (ZA10 -068), 2nd reading, Zoning text
amendment for Downtown (DT) zoning district, an amendment to the City
of Southlake Zoning Ordinance No. 480, as amended, as it pertains to a
new residential district (The Garden District at Southlake Town Square)
within section 37 of the "DT" Downtown Zoning District. PUBLIC
HEARING (City Council tabled the public hearing to May 3, 2011 at
their April 19, 2011 meeting.)
C. ZA10 -069, Revised concept plan for The Garden District at Southlake
Town Square on property being described as a portion of Blocks 24, 25,
28 and Park Ridge Boulevard, Southlake Town Square, Brownstones at
Town Square, Phase B and Tract 2A05 and Tract 2A05E, Richard Eads
Survey, Abstract No. 481 and being located at 202 to 234 Park Ridge
Boulevard, 1651 East State Highway 114 and 351 Central Avenue.
Current Zoning: "DT" Downtown Zoning District. SPIN Neighborhood #8.
City of Southlake values:
Integrity • Innovation • Accountability • Commitment to Excellence • Teamwork
City of Southlake
City Council meeting agenda
May 3, 2011
Page 5 of 7
PUBLIC HEARING (City Council tabled the public hearing to May 3,
2011 at their April 19, 2011 meeting.)
D. This item intentionally left blank.
E. Consider a variance to Lighting Ordinance No. 693 -B to permit light-
emitting-diode (L.E.D.) lighting at all Carroll Independent School District
campuses and facility locations. (City Council tabled this item at their
April 19, 2011 meeting.)
F. ZA11 -019, Site Plan for Sushi Zushi on property being described as Lots 3
and 4, Block 5R, Southlake Town Square Addition Phase I, and being
located at 1420 East Southlake Boulevard and 141 Grand Avenue.
Current Zoning: "DT" Downtown Zoning District. SPIN Neighborhood #8.
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 SV11 -006, Variance to the Shops of Southlake Conditional Sign
Permit for Stir Crazy Fresh Asian Grill located at 1471 East Southlake
Boulevard.
10. Other items for discussion: (There are no items on this agenda.)
11. Meeting adjourned.
CERTIFICATE
I hereby certify that the above agenda was posted on the official bulletin boards at Town
Hall, 1400 Main Street, Southlake, Texas, on Friday, April 29, 2011 by 6:00 p.m.,
pursuant to the Texas Government Col,,,e, Chapter 551.
,,,,,.,�� , ,,,
. •`ov'CHIgK ''''''''''''''''
Alicia Richardson, TRMC ' c.. " �^
City Secretary
If you plan to attend this publiNrxAt as e 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
May 3, 2011
Page 6 of 7
EXECUTIVE SESSION
Section 551.071: Consultation with attorney
The City Council may conduct a private consultation with its attorney when the City
Council seeks the advice of its attorney concerning any item on this agenda, about
pending and contemplated litigation, or a settlement offer, or on a matter in which the
duty of the attorney to the City Council under the Texas Disciplinary Rules of
Professional Conduct of the State Board of Texas clearly conflicts with Chapter 551.
This includes the following pending and /or contemplated litigation subjects:
1. 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.
5. Cause No. 153 - 252281 -11; Southlake Taxpayers Against Neighborhood Drilling
(STAND) vs. City of Southlake.
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.
City of Southlake values:
Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork
City of Southlake
City Council meeting agenda
May 3, 2011
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
CI TY O F
S OUTHLAKE
TEXAS
REGULAR CITY COUNCIL MEETING MINUTES: MAY 3, 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 Ben
Thatcher, Assistant City Manager /Director of Public Safety Jim Blagg, Communication
and Websites Manager Pilar Schank, Director of Human Resources Stacey Black,
Director of Planning and Development Services Ken Baker, Planner II Clayton
Comstock, Building Official Paul Ward, Chief of Fire Services Mike Starr, Chief of Police
Mike Finn, Director of Public Works Robert Price, Director of Economic Development
Greg Last, Marketing and Tourism Coordinator Jill Lind, Director of Finance Sharen
Jackson, Assistant Director of Finance - Operations Sean Leonard, Deputy Director of
Community Services /City Librarian Kerry McGeath, Director of Community Services
Chris Tribble, City Attorney E. Allen Taylor, and City Secretary Alicia Richardson.
WORK SESSION:
1. CALL TO ORDER
The Work Session was called to order by Mayor Terrell at 5:37 p.m.
2. INVOCATION
Mr. David Whitington with Christ Our King Church gave the invocation. Mayor Terrell
led the pledge of allegiance.
3. PRESENTATION BY DANA DAVIS INTRODUCING THE SOUTHLAKE
CHAMBER OF COMMERCE 2011 AWARD WINNERS.
Chamber President Dana Davis announced and recognized the 2011 Chamber of
Commerce award winners.
Mayor Terrell announced upcoming meetings and events. Mayor Terrell thanked
members of the Southlake4Japan committee for their assistance and commitment to
REGULAR CITY COUNCIL MEETING MINUTES, May 3, 2011
Page 1 of 12
organize the Japan relief benefit concert on May 7. The event will be held in the Town
Square Pavilion.
Mayor Pro Tem Hill announced the "Annual Game Over" event will be held May 12 -13,
2011 at Carroll High School on North White Chapel Boulevard.
Mayor Terrell recognized the month of May as building safety month. Director of
Planning and Development Services Ken Baker and Building Official Paul Ward were
present to receive the proclamation.
4. DISCUSS ALL ITEMS ON TONIGHT'S MEETING AGENDA
No action will be taken and each item will be considered during the Regular Session.
Mayor Terrell asked Council if they have any objection to moving Item 9A —SV11 -006,
variance to the Shops of Southlake conditional sign permit for Stir Crazy Fresh Asian
Grill, after the consent agenda. There was no objection from Council.
REGULAR SESSION:
1. CALL TO ORDER
The Regular Session of the City Council meeting was called to order by Mayor Terrell at
6:02 p.m.
2A. EXECUTIVE SESSION
Mayor Terrell announced that 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
6:02 p.m. Executive Session began at 6:17 p.m. and concluded at 7:44 p.m.
2B. RECONVENE
Mayor Terrell reconvened the regular meeting at 7:54 p.m. and asked if any action was
necessary from Executive Session.
No action was taken by Council.
3. REPORTS
A. Mayor's Report –
Update of upcoming meetings and events
REGULAR CITY COUNCIL MEETING MINUTES, May 3, 2011
Page 2 of 12
Election information for May 14, 2011 Municipal Election
Mayor Terrell announced the early voting period for the May 14 election began Monday,
May 2 and concludes on Tuesday, May 10. Information on hours and polling locations
can be located on the city's website.
Proclamation for Building Safety Month
Mayor Terrell presented this item earlier in the meeting.
Proclamation for Motorcycle Safety Awareness Month
Mayor Terrell recognized and presented Mr. Geoff Wills with a proclamation proclaiming
the month of May as Motorcycle Safety Awareness Month.
Mayor Terrell informed the public the City of Southlake was recently recognized as a
Top 10 City to Live and Learn.
Gas drilling update
There was no presentation for this item.
B. City Manager's Report —
City Manager Shana Yelverton announced the City received notification from Standard
and Poor's confirming Southlake's AAA rating. Ms. Yelverton thanked Director of
Finance Sharen Jackson for the department's hard work.
Mayor Terrell announced that Council would move to Item 5 — Public Forum.
5. PUBLIC FORUM
Mayor Terrell opened the public forum.
Mr. Robert Gray, 1275 Oaks Drive, expressed his disappointment with the outcome for
the specific use permit for gas drilling at the Wright location.
There being no one else wishing to speak, Mayor Terrell closed the public forum.
4. CONSENT AGENDA (Items 4A -K) 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.
REGULAR CITY COUNCIL MEETING MINUTES, May 3, 2011
Page 3 of 12
4A. APPROVE THE MINUTES OF THE APRIL 19, 2011 CITY COUNCIL
MEETINGS.
4B. CONSIDER SV11 -004, VARIANCE TO THE SIGN ORDINANCE NO. 704, AS
AMENDED, FOR NORTH PARK.
4C. CONSIDER CARILLON PHASE 1A PARK PLANS FOR NORTHWEST
ENCLAVE PARK AND VILLA PARK NORTH.
4D. RESOLUTION NO. 11 -023, APPROVE AN INTERLOCAL AGREEMENT
ESTABLISHING THE NORTH CENTRAL TEXAS MAJOR CASE
INVESTIGATIVE TEAM.
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 APPROVING AN
INTERLOCAL AGREEMENT ESTABLISHING THE NORTH CENTRAL TEXAS MAJOR
CASE INVESTIGATIVE TEAM; AND PROVIDING AN EFFECTIVE DATE.
4E. ORDINANCE NO. 999, 2 ND READING, ABANDON A PEDESTRIAN AND
EQUESTRIAN EASEMENT LOCATED ALONG SOUTHERN BOUNDARY OF
LOTS 10 THROUGH 17, BLOCK 1, FOX HOLLOW ADDITION AS SHOWN ON
THE PLAT DATED JULY 5, 1996. THIS ITEM IS ADMINISTRATIVELY
TABLED TO THE MAY 10, 2011 CITY COUNCIL MEETING. (CITY COUNCIL
TABLED THE PUBLIC HEARING TO MAY 3, 2011 AT THEIR APRIL 19, 2011
MEETING.)
4F. ORDINANCE NO. 480 -602 (ZA09 -062), 2 ND READING, ZONING CHANGE
AND SITE PLAN ON PROPERTY BEING DESCRIBED AS TRACT 2B, A
PORTION OF LOT 2, R.P. ESTES SUBDIVISION, AND BEING LOCATED AT
2411 SAM SCHOOL ROAD. CURRENT ZONING: "AG" AGRICULTURAL
DISTRICT. REQUESTED ZONING: "S -P -1" DETAILED SITE PLAN DISTRICT.
SPIN NEIGHBORHOOD #5. THIS ITEM IS ADMINISTRATIVELY TABLED TO
THE MAY 10, 2011 CITY COUNCIL MEETING. (CITY COUNCIL APPROVED
THE FIRST READING AT THEIR APRIL 19, 2011 MEETING.)
4G. ORDINANCE NO. 480 -EEEE, 2 ND READING, AN AMENDMENT TO THE
ZONING ORDINANCE NO. 480, AS AMENDED, AS IT PERTAINS TO
PERMITTED AND ACCESSORY USES AND SALES WITHIN CERTAIN (NON-
RESIDENTIAL) ZONING DISTRICTS. THIS ITEM IS ADMINISTRATIVELY
TABLED TO THE MAY 10, 2011 CITY COUNCIL MEETING. (CITY COUNCIL
APPROVED THE FIRST READING AT THEIR APRIL 19, 2011 MEETING.)
4H. APPROVE A VARIANCE TO THE MASONRY ORDINANCE NO. 557 -A FOR
ONE PORTABLE BUILDING AT DURHAM INTERMEDIATE SCHOOL. THE
REGULAR CITY COUNCIL MEETING MINUTES, May 3, 2011
Page 4 of 12
REQUEST IS BEING MADE BY THE APPLICANT, CARROLL I.S.D., FOR
PROPERTY LOCATED AT 801 SHADY OAKS DRIVE, BEING DESCRIBED
AS LOT 1, BLOCK 1,CARROLL ISD NO. 1 ADDITION AND BEING
APPROXIMATELY 30.475 ACRES. CURRENT ZONING: "CS" COMMUNITY
SERVICE DISTRICT. SPIN NEIGHBORHOOD #7. THIS ITEM IS
ADMINISTRATIVELY TABLED TO THE MAY 10, 2011 CITY COUNCIL
MEETING.
41. APPROVE A VARIANCE TO THE MASONRY ORDINANCE NO. 557 -A FOR
TWO PORTABLE BUILDINGS AT JOHNSON ELEMENTARY SCHOOL. THE
REQUEST IS BEING MADE BY THE APPLICANT, CARROLL I.S.D., FOR
PROPERTY LOCATED AT 1301 NORTH CARROLL AVENUE, BEING
DESCRIBED AS LOT 13R1, F. THROOP NO. 1511 ADDITION AND BEING
APPROXIMATELY 14.753 ACRES. CURRENT ZONING: "CS" COMMUNITY
SERVICE DISTRICT. SPIN NEIGHBORHOOD #3. THIS ITEM IS
ADMINISTRATIVELY TABLED TO THE MAY 10, 2011 CITY COUNCIL
MEETING.
4J. APPROVE A VARIANCE TO THE MASONRY ORDINANCE NO. 557 -A FOR
TWO PORTABLE BUILDINGS AT OLD UNION ELEMENTARY SCHOOL. THE
REQUEST IS BEING MADE BY THE APPLICANT, CARROLL I.S.D., FOR
PROPERTY LOCATED AT 1050 SOUTH CARROLL AVENUE, BEING
DESCRIBED AS LOT 1, BLOCK 1, CARROLL ISD NO. 5 ADDITION AND
BEING APPROXIMATELY 16.081 ACRES. CURRENT ZONING: "RPUD"
RESIDENTIAL PLANNED UNIT DEVELOPMENT DISTRICT. SPIN
NEIGHBORHOOD #8. THIS ITEM IS ADMINISTRATIVELY TABLED TO THE
MAY 10, 2011 CITY COUNCIL MEETING.
4K. ORDINANCE NO. 480 -338C (ZA11 -007), 2 ND READING, ZONING CHANGE
AND SITE PLAN FOR IMPROVEMENTS TO CARROLL INDEPENDENT
SCHOOL DISTRICT SENIOR HIGH SCHOOL ON PROPERTY LOCATED AT
1501 WEST SOUTHLAKE BOULEVARD, BEING DESCRIBED AS LOT 1,
BLOCK 1, CARROLL SENIOR HIGH SCHOOL ADDITION, AND BEING
APPROXIMATELY 55.033 ACRES. CURRENT ZONING: S -P -1 DETAILED
SITE PLAN DISTRICT. REQUESTED ZONING: "S -P -1" DETAILED SITE
PLAN DISTRICT. SPIN NEIGHBORHOOD #10. THE APPLICANT HAS
REQUESTED TO TABLE THIS ITEM TO MAY 17, 2011. (CITY COUNCIL
TABLED THIS ITEM AT THEIR APRIL 5, 2011 AND APRIL 19, 2011
MEETINGS.)
A motion was made to approve the consent agenda as read, including Item 6E that will
be tabled to the June 7, 2011 City Council meeting.
Motion: Hill
Second: Bledsoe
Ayes: Bledsoe, Hill, Morris, Muller, Terrell, Wang, Zito
REGULAR CITY COUNCIL MEETING MINUTES, May 3, 2011
Page 5 of 12
Nays: None
Approved: 7 -0
REGULAR AGENDA:
5. PUBLIC FORUM
This item was heard earlier in the meeting.
Mayor Terrell announced that Council would move to Item 9A.
9A. CONSIDER SV11 -006, VARIANCE TO THE SHOPS OF SOUTHLAKE
CONDITIONAL SIGN PERMIT FOR STIR CRAZY FRESH ASIAN GRILL
LOCATED AT 1471 EAST SOUTHLAKE BOULEVARD.
APPROVED
Planning and Development Services Director Ken Baker presented item and answered
questions from Council.
Mr. David Palmer, 3102 Maple Avenue, made a presentation to Council and answered
questions related to the size, placement and look of the logo. In response to Council's
question, Mr. Palmer advised that he would be acceptable to minimizing the verbiage "A
Fresh Asian Grill" to fit under the Stir Crazy logo.
The Council and applicant discussed various options for the logo. The consensus of
Council was to allow the applicant to stack the tag line —A Fresh Asian Grill under the
Stir Crazy logo.
A motion was made to approve SV11 -006, variance to the Shops at Southlake
conditional sign permit for Stir Crazy Fresh Asian Grill, granting the variance of 26" for
the letter "C" and 42" for the chop sticks; logo on south side of the building will depict
Stir Crazy with no tag line (A Fresh Asian Grill); north side of the building will depict Stir
Crazy with tag line (A Fresh Asian Grill), which will be stacked under Stir Crazy and
shall fit between the "S" and "Y ", signage will be located in the western third of the
facade and will not be in pillbox letters; and the east and west side will have the Stir
Crazy logo and the tag line side by side, option 1, as presented by the applicant.
Motion: Hill
Second: Bledsoe
Ayes: Bledsoe, Hill, Morris, Muller, Terrell, Wang, Zito
Nays: None
Approved: 7 -0
REGULAR CITY COUNCIL MEETING MINUTES, May 3, 2011
Page 6 of 12
6. ORDINANCES, SECOND READINGS, PUBLIC HEARINGS, AND RELATED
ITEMS:
6A. RESOLUTION NO. 11 -021 (ZA11 -010), SPECIFIC USE PERMIT FOR A MASS
GATHERING EVENT KNOWN AS RELAY FOR LIFE / RACHEL'S
CHALLENGE ON PROPERTY BEING DESCRIBED AS LOT 1, BLOCK 1,
CARROLL ISD NO. 1 ADDITION AND LOT 1, BLOCK 1 AND LOT 1, BLOCK 2,
CARROLL ISD NO. 2 ADDITION BEING LOCATED AT 801 SHADY OAKS
DRIVE AND 800 AND 900 NORTH WHITE CHAPEL BOULEVARD. CURRENT
ZONING: "CS" COMMUNITY SERVICE ZONING DISTRICT AND "NR -PUD"
NON - RESIDENTIAL PLANNED UNIT DEVELOPMENT DISTRICTS. SPIN
NEIGHBORHOOD #7. PUBLIC HEARING (CITY COUNCIL TABLED THE
PUBLIC HEARING TO MAY 3, 2011 AT THEIR APRIL 19, 2011 MEETING.)
APPROVED
Planning and Development Services Director Ken Baker presented item and was
available to answer questions from Council.
Mr. Derek Citty, 3150 Dove Road, Grapevine, Texas presented item and answered
questions from Council.
Mayor Terrell opened the public hearing.
Ms. Dianne Dorman, 108 Ascot Drive, advised she is in favor of the event. She asked
Council to consider placing a buffer zone in the center island or to place no parking
signs to assist with resident parking and allow access for emergency vehicles.
Mr. Baker informed Council that he and Public Works Director Bob Price discussed
placement of temporary no parking signs near the median. Mr. Price confirmed that he
would coordinate with Department of Public Safety to ensure emergency access for
vehicles.
Mr. Citty clarified the event would have off -site parking, which can be located on their
website.
There being no one else wishing to speak, Mayor Terrell closed the public hearing.
A motion was made to approve Resolution 11 -021, a specific use permit for Relay for
Life /Rachel's Challenge for two years and noting staffs report dated April 27, 2011.
Motion: Hill
Second: Bledsoe
Ayes: Bledsoe, Hill, Morris, Muller, Terrell, Wang, Zito
Nays: None
Approved: 7 -0
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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,
GRANTING A SPECIFIC USE PERMIT FOR A MASS GATHERING FOR CISD RELAY
FOR LIFE / RACHEL'S CHALLENGE LOCATED AT 800 & 900 WHITE CHAPEL
BOULEVARD AND 801 SHADY OAKS DRIVE, SOUTHLAKE, TEXAS, BEING
DESCRIBED AS LOT 1, BLOCK 1 & LOT 1, BLOCK 2 CARROLL ISD NO. 2 ADDITION
AND LOT 1, BLOCK 1, CARROLL ISD NO. 1 ADDITION, MORE FULLY AND
COMPLETELY DESCRIBED IN EXHIBIT "A ", AND AS DEPICTED ON THE
APPROVED SITE PLAN ATTACHED HERETO AND INCORPORATED HEREIN AS
EXHIBIT "B" AND PROVIDING AN EFFECTIVE DATE.
6B. ORDINANCE NO. 480 -CCCC (ZA10 -068), 2 READING, ZONING TEXT
AMENDMENT FOR DOWNTOWN (DT) ZONING DISTRICT, AN AMENDMENT
TO THE CITY OF SOUTHLAKE ZONING ORDINANCE NO. 480, AS AMENDED,
AS IT PERTAINS TO A NEW RESIDENTIAL DISTRICT (THE GARDEN
DISTRICT AT SOUTHLAKE TOWN SQUARE) WITHIN SECTION 37 OF THE
"DT" DOWNTOWN ZONING DISTRICT. PUBLIC HEARING (CITY COUNCIL
TABLED THE PUBLIC HEARING TO MAY 3, 2011 AT THEIR APRIL 19, 2011
MEETING.)
Planner II Clayton Comstock presented item to Council and was available to answer
questions.
Mr. Frank Bliss, 1008 Quail Run Road, provided Council with a detailed listing of text
revisions for the Downtown Zoning District. Mr. Bliss informed Council the revisions are
the result of discussion by Council and comments addressed by Brownstone residents.
Mayor Terrell opened the public hearing for Items 6B and 6C.
The following people spoke in support of the item: Mr. Howard Sanders, 1008
Lakewood Drive, Ms. Lisa Alexander, 1562 Main Street and Mr. Joe Kienast, 1518 Main
Street.
Mr. Mark Biersmith, 1589 Main, spoke in opposition of the item. The following people
did not speak, but asked to record their opposition: Mr. Kent Hendrix, 110 East Chapel
Downs; Ms. Julie Hendrix, 110 East Chapel Downs, Mr. Robert Dunaway, 312
Southridge Lakes Parkway, and Ms. Marcy Dunaway, 312 Southridge Lakes Parkway.
There being no one else wishing to speak, Mayor Terrell closed the public hearing.
A motion was made to approve Ordinance No. 480 -CCCC, also known as ZA 10 -068,
2 reading, zoning text amendment for Downtown District, as it pertains to the Garden
District at Southlake Town Square, including the comprehensive red -lined version that
was updated May 3, 2011, which includes the red text and the yellow highlights.
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Page 8 of 12
Motion: Hill
Second: Bledsoe
Ayes: Bledsoe, Hill, Terrell, Wang, Zito
Nays: Morris, Muller
Approved: 5 -2
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;
AS IT PERTAINS TO A NEW RESIDENTIAL DISTRICT (THE GARDEN DISTRICT AT
SOUTHLAKE TOWN SQUARE) WITHIN SECTION 37 OF THE "DT" DOWNTOWN
DISTRICT; 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.
6C. ZA10 -069, REVISED CONCEPT PLAN FOR THE GARDEN DISTRICT AT
SOUTHLAKE TOWN SQUARE ON PROPERTY BEING DESCRIBED AS A
PORTION OF BLOCKS 24, 25, 28 AND PARK RIDGE BOULEVARD,
SOUTHLAKE TOWN SQUARE, BROWNSTONES AT TOWN SQUARE, PHASE
B AND TRACT 2A05 AND TRACT 2A05E, RICHARD EADS SURVEY,
ABSTRACT NO. 481 AND BEING LOCATED AT 202 TO 234 PARK RIDGE
BOULEVARD, 1651 EAST STATE HIGHWAY 114 AND 351 CENTRAL
AVENUE. CURRENT ZONING: "DT" DOWNTOWN ZONING DISTRICT. SPIN
NEIGHBORHOOD #8. PUBLIC HEARING (CITY COUNCIL TABLED THE
PUBLIC HEARING TO MAY 3, 2011 AT THEIR APRIL 19, 2011 MEETING.)
APPROVED
Council received a presentation on this item in conjunction with Item 6B.
The public hearing for this item was held in conjunction with Item 6B.
A motion was made to approve ZA10 -069, a revised concept plan for the Garden
District at Southlake Town Square; noting the applicant has agreed to a minimum height
of 38 feet; when the site plan is presented it will address the maintenance plan on all
undeveloped areas and a temporary grading plan; all developed areas will be
maintained with established grass and irrigated; applicant has agreed to limit
construction fencing to just areas under construction and upgrade to a wooden fence;
also including the note changes dated May 3, 2011, which includes goals of the Garden
District as presented to Council and notes to the Garden District concept plan as
presented to Council and all the red lined items included on those note changes;
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Page 9 of 12
including staff report dated April 27, 2011; including concept plan rendering as
presented this evening and concept plan review No. 2 dated April 13, 2011; and subject
to representations made by the applicant this evening.
Motion: Hill
Second: Bledsoe
Ayes: Bledsoe, Hill, Terrell, Wang, Zito
Nays: Morris, Muller
Approved: 5 -2
6D. THIS ITEM INTENTIONALLY LEFT BLANK.
6E. CONSIDER A VARIANCE TO LIGHTING ORDINANCE NO. 693 -B TO PERMIT
LIGHT - EMITTING DIODE (L.E.D.) LIGHTING AT ALL CARROLL
INDEPENDENT SCHOOL DISTRICT CAMPUSES AND FACILITY
LOCATIONS. (CITY COUNCIL TABLED THIS ITEM AT THEIR APRIL 19, 2011
MEETING)
TABLED
This item was considered and approved with the Consent Agenda to table to the June
7, 2011 City Council meeting.
6F. ZA11 -019, SITE PLAN FOR SUSHI ZUSHI ON PROPERTY BEING
DESCRIBED AS LOTS 3 AND 4, BLOCK 5R, SOUTHLAKE TOWN SQUARE
ADDITION PHASE I, AND BEING LOCATED AT 1420 EAST SOUTHLAKE
BOULEVARD AND 141 GRAND AVENUE. CURRENT ZONING: "DT"
DOWNTOWN ZONING DISTRICT. SPIN NEIGHBORHOOD #8. PUBLIC
HEARING
APPROVED
Planner II Clayton Comstock presented item to Council and was available to answer
questions.
Applicants Mr. Howard Johnson and Ms. Terri Wright, 4730 Shavano Oak, San Antonio,
Texas, presented item and answered questions from Council.
Mayor Terrell opened the public hearing. There being no one wishing to speak, Mayor
Terrell closed the public hearing.
A motion was made to approve ZA 11 -019, site plan for Sushi Zushi, including revised
Summary No. 2, dated April 25, 2011.
Motion: Hill
Second: Bledsoe
Ayes: Bledsoe, Hill, Morris, Muller, Terrell, Wang, Zito
Nays: None
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Page 10 of 12
Approved: 7 -0
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:
9A. CONSIDER SV11 -006, VARIANCE TO THE SHOPS OF SOUTHLAKE
CONDITIONAL SIGN PERMIT FOR STIR CRAZY FRESH ASIAN GRILL
LOCATED AT 1471 EAST SOUTHLAKE BOULEVARD.
Council considered and took action on this item earlier in the meeting.
10. OTHER ITEMS FOR DISCUSSION: (THERE ARE NO ITEMS ON THIS
AGENDA.)
Mayor Terrell announced at 11:18 p.m. that Council would go into Executive Session
pursuant to the Texas Government Code, Section 551.074, deliberation regarding
personnel matters. City Council adjourned for Executive Session at 11:18 p.m.
Executive Session began at 11:19 p.m. and concluded at 11:42 p.m.
Mayor Terrell reconvened the regular meeting at 11:43 p.m. and asked if any action was
necessary from Executive Session.
A motion was made to approve the contract for the city manager for an additional year
with a 2.5% salary increase.
Motion: Hill
Second: Muller
Ayes: Bledsoe, Hill, Morris, Muller, Terrell, Wang, Zito
Nays: None
Approved: 7 -0
11. MEETING ADJOURNED.
Mayor Terrell adjourned the meeting at 11:45 p.m.
*An audio recording of this meeting will be permanently retained in the City Secretary's
Office.
(10
John errell
Mayor
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ATTEST:
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REGULAR CITY COUNCIL MEETING MINUTES, May 3, 2011
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