2011-05-10 Regular CC Meeting CITY OF
SOUTH LAKE
TEXAS
REGULAR CITY COUNCIL MEETING: MAY 10, 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: David Whitington, Chaplain of the Month
3. Presentation by DPS Director Jim Blagg regarding the City's emergency
management initiatives.
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 legal issues
related to proposed legislation.
b. Seek the advice of the city attorney regarding specific use
permits for mass gathering.
c. Seek the advice of the city attorney regarding gas drilling
and production and gas utility companies.
d. Seek the advice of the city attorney regarding pending XTO
and Energy Transfer Specific Use Permit, Gas Well Permit
and Pipeline Permit applications.
e. Seek the advice of the city attorney regarding Cause No.
153 - 252281 -11; Southlake Taxpayers Against Neighborhood
Drilling (STAND) vs. City of Southlake.
City of Southlake values:
Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork
City of Southlake
City Council meeting agenda
May 10, 2011
Page 2 of 6
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 551.087: 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 Carroll Dragons Boys Soccer Team
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. Ordinance No. 480 -FFFF, 1 Reading, An amendment to Zoning
Ordinance No. 480, as amended, as it pertains to open space
management plans. (If approved at first Reading, the Public Hearing will
be held on June 7, 2011.)
B. Ordinance No. 480 -GGGG, 1 Reading, An amendment to Zoning
Ordinance No. 480, as amended, as it pertains to personal care facilities,
including nursing and care homes. (If approved at first Reading, the Public
Hearing will be held on June 7, 2011.)
C. Approve absences of a Planning & Zoning Commission member.
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:
City of Southlake values:
Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork
City of Southlake
City Council meeting agenda
May 10, 2011
Page 3 of 6
A. 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. PUBLIC HEARING (City Council
tabled the public hearing to May 10, 2011 at their May 3, 2011
meeting.)
B. 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. PUBLIC HEARING (City Council
tabled the public hearing to May 10, 2011 at their May 3, 2011
meeting.)
C. 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. PUBLIC HEARING (City
Council tabled the public hearing to May 10, 2011 at their May 3, 2011
meeting.)
D. 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. PUBLIC
HEARING (City Council tabled the public hearing to May 10, 2011 at
their May 3, 2011 meeting.)
E. Ordinance No. 480 -EEEE, 2 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. PUBLIC
HEARING (City Council tabled the public hearing to May 10, 2011 at
their May 3, 2011 meeting.)
F. Ordinance No. 999, 2 Reading, Abandon a pedestrian and equestrian
easement located along the southern boundary of Lots 10 through 17,
Block 1, Fox Hollow Addition as shown on the plat dated July 5, 1996.
City of Southlake values:
Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork
City of Southlake
City Council meeting agenda
May 10, 2011
Page 4 of 6
PUBLIC HEARING (City Council tabled the public hearing to May 10,
2011 at their May 3, 2011 meeting.)
G. Resolution No. 11 -025 (ZA11 -020), Specific Use Permit for a Mass
Gathering Event known as Showcase in the Square on property being
described as Blocks 1R, 2R1, 7 and 8, Phase 1, Southlake Town Square
Addition and the location being bounded by Prospect Street and Civic
Place to the north, Grand Avenue to the east, North Carroll Avenue to the
west and East Southlake Boulevard to the south. Current Zoning: "DT"
Downtown Zoning District. PUBLIC HEARING
H. Approve a Community Event Participation Agreement with APEX Arts
League and Crossmen World Class Drum Corps for 2011 Showcase in
the Square - A Drum and Bugle Corp Event.
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 -007, Variance to Sign Ordinance No. 704, as amended,
for Pawl's Pets located at 2225 West 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, May 6, 2011 by 6:00 p.m.,
pursuant to the Texas Government Grir 551.
1,1j ji)4/ if 4, \ 1 1' 11.
Alicia Richardson, TRMC = o
City Secretary
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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
May 10, 2011
Page 5 of 6
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 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
May 10, 2011
Page 6 of 6
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
3 I CITY OF
SOUTHLAKE
TEXAS
REGULAR CITY COUNCIL MEETING MINUTES: MAY 10, 2011
LOCATION: 1400 Main Street, Southlake, Texas 76092
City Council Chambers
CITY COUNCIL PRESENT: Mayor John Terrell (present at 6:07 p.m.), Deputy Mayor
Pro Tem Brandon Bledsoe, and Councilmembers Carolyn Morris, Pamela A. Muller, Jeff
Wang and Al Zito.
CITY COUNCIL ABSENT: Mayor Pro Tem Laura K. Hill.
STAFF PRESENT: City Manager Shana Yelverton, Assistant City Manager /Director of
Public Safety Jim Blagg, Assistant to the City Manager Alison Ortowski, Communication
and Websites Manager Pilar Schank, Director of Finance Sharen Jackson, Director of
Human Resources Stacey Black, Director of Planning and Development Services Ken
Baker, Planner II Clayton Comstock, Chief of Fire Services Mike Starr, Emergency
Management Coordinator Colleen Crocker, Chief of Police Services Robert Finn,
Deputy Chief of Police Services Rusty Daniels, Deputy Director of Community Services
Kari Happold, Marketing and Tourism Coordinator Jill Lind, Director of Public Works
Robert Price, City Attorney E. Allen Taylor, and City Secretary Alicia Richardson.
WORK SESSION:
1. CALL TO ORDER
The Work Session was called to order by Deputy Mayor Pro Tem Bledsoe at 5:32 p.m.
2. INVOCATION
Mr. David Whitington with Christ Our King Church gave the invocation. Mayor Pro Tem
Bledsoe led the pledge of allegiance.
3. PRESENTATION BY DPS DIRECTOR JIM BLAGG REGARDING THE CITY'S
EMERGENCY MANAGEMENT INITIATIVES.
Assistant City Manager /Director of Public Safety Jim Blagg presented this item and was
available to answer questions from Council.
REGULAR CITY COUNCIL MEETING MINUTES, May 10, 2011
Page 1 of 12
4. DISCUSS ALL ITEMS ON TONIGHT'S MEETING AGENDA. NO ACTION WILL BE
TAKEN AND EACH ITEM WILL BE CONSIDERED DURING THE REGULAR
SESSION.
Deputy Mayor Pro Tem read the consent agenda items. Deputy Mayor Pro Tem
Bledsoe announced that Item 6F— Ordinance No. 999 has been requested to be tabled.
The item will be moved to the consent agenda and tabled. Deputy Mayor Pro Tem
Bledsoe asked if there is no opposition, he would recommend moving Item 9A —SV11-
007 to the consent agenda.
At the request of Council, Director of Planning and Development Services Ken Baker
presented Item 9A to Council. The consensus of Council was to move Item 9A to the
consent agenda.
Councilmember Morris asked to remove Item 4B— Ordinance No. 480 -GGGG from the
consent agenda.
REGULAR SESSION:
1. CALL TO ORDER
The Regular Session of the City Council was called to order by Deputy Mayor Pro Tem
Bledsoe at 6:05 p.m.
2A. EXECUTIVE SESSION
Deputy Mayor Pro Tem Bledsoe 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;
and Section 551.087, deliberation regarding economic development negotiations. City
Council adjourned for Executive Session at 6:05 p.m. Executive Session began at 6:09
p.m. and concluded at 7:00 p.m.
Mayor Terrell arrived at 6:07 p.m.
2B. RECONVENE
Mayor Terrell reconvened the regular meeting at 7:05 p.m. and asked if any action was
necessary from Executive Session.
No action was taken by Council.
3. REPORTS
A. Mayor's Report —
REGULAR CITY COUNCIL MEETING MINUTES, May 10, 2011
Page 2 of 12
Update of upcoming meetings and events
Mayor Terrell announced upcoming meetings and events.
Mayor Terrell moved to the City Manager's report.
B. City Manager's Report —
City Manager Shana Yelverton announced that the City received AAA bond ratings from
Standard and Poor's and Fitch.
Proclamation for Carroll Dragons Boys Soccer Team
Mayor Terrell recognized and presented a proclamation to the Carroll Dragons varsity
soccer team. Coach Greg Ogelsby and members of the soccer team were present to
receive the proclamation.
4. CONSENT AGENDA (Items 4A -C) 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.
4A. ORDINANCE NO. 480 -FFFF, 1 READING, AN AMENDMENT TO ZONING
ORDINANCE NO. 480, AS AMENDED, AS IT PERTAINS TO OPEN SPACE
MANAGEMENT PLANS. (IF APPROVED AT FIRST READING, THE PUBLIC
HEARING WILL BE HELD ON JUNE 7, 2011.)
4B. ORDINANCE NO. 480 -GGGG, 1 READING, AN AMENDMENT TO ZONING
ORDINANCE NO. 480, AS AMENDED, AS IT PERTAINS TO PERSONAL
CARE FACILITIES, INCLUDING NURSING AND CARE HOMES. (IF
APPROVED AT FIRST READING, THE PUBLIC HEARING WILL BE HELD ON
JUNE 7, 2011.)
This item was removed from the consent agenda and discussed later in the meeting.
4C. APPROVE ABSENCES OF A PLANNING & ZONING COMMISSION MEMBER.
Mayor Terrell announced as previously discussed in early work session, Items 6F and
9A would be moved to the consent agenda.
A motion was made to approve Items 4A; 4C; 6F, which will be tabled to a later date;
and 9A with the consent agenda.
Motion: Bledsoe
Second: Zito
Ayes: Bledsoe, Morris, Muller, Terrell, Wang, Zito
Nays: None
REGULAR CITY COUNCIL MEETING MINUTES, May 10, 2011
Page 3 of 12
Absent: Hill
Approved: 6 -0
REGULAR AGENDA:
5. PUBLIC FORUM
Mayor Terrell opened the public forum.
Ms. Dianne Dorman, 100 Ascot Drive, spoke about the political signs that were placed
in the city over the weekend.
Mr. Bill Spivey, 1520 Randol Mill, commented on the trees being removed along FM
1938. Mr. Spivey asked Council if the City can talk to the contractor.
Mayor Terrell announced that staff would look into Mr. Spivey's concern.
Mr. Spivey informed Council that he is a member of the Brindle Wood East group. Mr.
Spivey asked Council to consider the financial Toss of revenues with XTO leaving
Southlake.
Mr. Greg Wilemon, 608 Silver Spur, spoke about the false information that has been
circulated regarding the upcoming liquor vote.
Ms. Cynthia Day, 1620 Byron Nelson Parkway, spoke about the election signs placed in
the city by Greg Standerfer.
Ms. Dianne Harris, 1025 Mission, spoke in favor of a resolution created by a group for
organic compounds in the Barnett Shale.
Ms. Leslie DeRoussard spoke about the election signs and campaign literature.
Councilmember Wang commented that he would like to go into Executive Session in
accordance with Section 551.071, consultation with city attorney.
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. City Council adjourned for Executive Session at 7:47 p.m. Executive Session
began at 7:50 p.m. and concluded at 7:58 p.m.
Mayor Terrell reconvened the regular meeting at 7:59 p.m. Mayor Terrell advised no
action is necessary as a result of Executive Session.
Ms. Joan Gonzales, 400 Borders Court, provided Council a copy of an e-mail circulated
by Laura Hill.
Mayor Terrell closed the public forum.
REGULAR CITY COUNCIL MEETING MINUTES, May 10, 2011
Page 4 of 12
6. ORDINANCES, SECOND READINGS, PUBLIC HEARINGS, AND RELATED
ITEMS:
6A. 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. PUBLIC HEARING (CITY COUNCIL TABLED
THE PUBLIC HEARING TO MAY 10, 2011 AT THEIR MAY 3, 2011 MEETING.)
APPROVED
Planner II Clayton Comstock presented item and answered questions from Council.
Mr. Ray Williamson, 479 West Highland, was available to answer questions from
Council.
The Council and the applicant discussed the proposed uses and agreed to remove the
following: cabinet or carpentry shop; ice cream manufacturing; mini - warehouses; sign
manufacturing; and spray painting shop.
Mayor Terrell opened the public hearing.
A real estate agent (name inaudible), business located at 425 East Southlake
Boulevard, asked Council to give consideration to residents who live in the adjacent
area.
There being no one else wishing to speak, Mayor Terrell closed the public hearing.
A motion was made to approve Ordinance 480 -602, 2nd reading, zoning change and site
plan on property being described as Tract 2B, a portion of Lot 2, R.P. Estes Subdivision,
approving the 0-1 uses as listed in the report, specifically limiting the industrial uses to:
janitorial or cleaning services, roofing contractor business premises, and warehouse;
also noting the existing improvements at the time the City of Southlake annexed the
property and while they do contradict with the current land use plan, we recognize the
improvements were in place' this is pursuant to the site plan review summary No. 4,
dated January 12, 2011; realizing the zoning is approved in low density land use
designation and is being approved as a result of an existing building that was annexed
into the City; and eliminating all outside storage.
Motion: Bledsoe
Second: Zito
Ayes: Bledsoe, Morris, Muller, Terrell, Wang, Zito
REGULAR CITY COUNCIL MEETING MINUTES, May 10, 2011
Page 5 of 12
Nays: None
Absent: Hill
Approved: 6 -0
In accordance with Section 4.21 of the City Charter, the caption for this item is listed as
follows:
AN ORDINANCE AMENDING ORDINANCE NO. 480, AS AMENDED, THE
COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF SOUTHLAKE, TEXAS;
GRANTING A ZONING CHANGE ON A CERTAIN TRACT OR TRACTS OF LAND
WITHIN THE CITY OF SOUTHLAKE, TEXAS BEING DESCRIBED AS TRACT 2B, A
PORTION OF LOT 2, R.P. ESTES SUBDIVISION, AN ADDITION TO THE CITY OF
SOUTHLAKE, TARRANT COUNTY, TEXAS, BEING APPROXIMATELY 0.994 ACRES,
AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "AG"
AGRICULTURAL DISTRICT TO "S -P -1" DETAILED SITE PLAN DISTRICT WITH "1 -1"
LIGHT INDUSTRIAL DISTRICT USES, AS DEPICTED ON THE APPROVED SITE
PLAN ATTACHED HERETO AND INCORPORATED HEREIN AS EXHIBIT "B ",
SUBJECT TO THE SPECIFIC REQUIREMENTS CONTAINED IN THIS ORDINANCE;
CORRECTING THE OFFICIAL ZONING MAP; PRESERVING ALL OTHER PORTIONS
OF THE ZONING ORDINANCE; DETERMINING THAT THE PUBLIC INTEREST,
MORALS AND GENERAL WELFARE DEMAND THE ZONING CHANGES AND
AMENDMENTS HEREIN MADE; PROVIDING THAT THIS ORDINANCE SHALL BE
CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE;
PROVIDING FOR A PENALTY FOR VIOLATIONS HEREOF; PROVIDING A SAVINGS
CLAUSE; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND
PROVIDING AN EFFECTIVE DATE.
6B. 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. PUBLIC HEARING (CITY
COUNCIL TABLED THE PUBLIC HEARING TO MAY 10, 2011 AT THEIR MAY
3, 2011 MEETING.)
APPROVED
Director of Planning and Development Services Ken Baker presented this item to
Council and was available to answer questions.
Mr. Derek Citty, 3051 Dove Road, Grapevine, Texas, presented this item to Council and
was available to answer questions. Mr. Citty's presentation included items 6C and 6D.
Mayor Terrell opened the public hearing and asked for anyone wishing to speak, to
come forward.
REGULAR CITY COUNCIL MEETING MINUTES, May 10, 2011
Page 6 of 12
There being no one wishing to speak, Mayor Terrell closed the public hearing.
A motion was made to approve the variance to Masonry Ordinance No. 557 -A for one
portable building at Durham Intermediate School.
Motion: Bledsoe
Second: Morris
Ayes: Bledsoe, Morris, Muller, Terrell, Wang, Zito
Nays: None
Absent: Hill
Approved: 6 -0
6C. 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. PUBLIC HEARING (CITY
COUNCIL TABLED THE PUBLIC HEARING TO MAY 10, 2011 AT THEIR MAY
3, 2011 MEETING.)
APPROVED
This item was presented in conjunction with Item 6B.
Mayor Terrell opened the public hearing and asked for anyone wishing to speak, to
come forward.
There being no one wishing to speak, Mayor Terrell closed the public hearing.
A motion was made to approve the variance to Masonry Ordinance No. 557 -A for two
portable buildings at Johnson Elementary School.
Motion: Bledsoe
Second: Morris
Ayes: Bledsoe, Morris, Muller, Terrell, Wang, Zito
Nays: None
Absent: Hill
Approved: 6 -0
6D. 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
REGULAR CITY COUNCIL MEETING MINUTES, May 10, 2011
Page 7 of 12
•
BEING APPROXIMATELY 16.081 ACRES. CURRENT ZONING: "RPUD"
RESIDENTIAL PLANNED UNIT DEVELOPMENT DISTRICT. SPIN
NEIGHBORHOOD #8. PUBLIC HEARING (CITY COUNCIL TABLED THE
PUBLIC HEARING TO MAY 10, 2011 AT THEIR MAY 3, 2011 MEETING.)
APPROVED
This item was presented in conjunction with Item 6B.
Mayor Terrell opened the public hearing and asked for anyone wishing to speak, to
come forward.
There being no one wishing to speak, Mayor Terrell closed the public hearing.
A motion was made to approve the variance to Masonry Ordinance No. 557 -A for two
portable buildings at Old Union Elementary School.
Motion: Bledsoe
Second: Morris
Ayes: Bledsoe, Morris, Muller, Terrell, Wang, Zito
Nays: None
Absent: Hill
Approved: 6 -0
6E. ORDINANCE NO. 480 -EEEE, 2 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. PUBLIC HEARING (CITY COUNCIL
TABLED THE PUBLIC HEARING TO MAY 10, 2011 AT THEIR MAY 3, 2011
MEETING.)
APPROVED
City Council did not require a presentation from staff.
Mayor Terrell opened the public hearing.
Ms. Dianne Dorman, 100 Ascot Drive, commented that the City should not restrict
businesses. Ms. Dorman asked Council to recuse themselves from voting on the item
or to table the item for a meeting after the election.
City Attorney Allen Taylor advised that Council does not have a conflict of interest and
may vote on the item.
There being no one else wishing to speak, Mayor Terrell closed the public hearing.
REGULAR CITY COUNCIL MEETING MINUTES, May 10, 2011
Page 8 of 12
A motion was made to approve 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 district.
Motion: Bledsoe
Second: Zito
Ayes: Bledsoe, Morris, Muller, Terrell, Wang, Zito
Nays: None
Absent: Hill
Approved: 6 -0
In accordance with Section 4.21 of the City Charter, the caption for this item is listed as
follows:
AN ORDINANCE AMENDING SECTIONS 20.2a, 24.2a, 25.2a AND 34.1 OF THE
CITY OF SOUTHLAKE COMPREHENSIVE ZONING ORDINANCE NO. 480, AS
AMENDED, AS IT PERTAINS TO PERMITTED USES AND ACCESSORY USES,
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.
6F. ORDINANCE NO. 999, 2 READING, ABANDON A PEDESTRIAN AND
EQUESTRIAN EASEMENT LOCATED ALONG THE SOUTHERN BOUNDARY
OF LOTS 10 THROUGH 17, BLOCK 1, FOX HOLLOW ADDITION AS SHOWN
ON THE PLAT DATED JULY 5, 1996. PUBLIC HEARING (CITY COUNCIL
TABLED THE PUBLIC HEARING TO MAY 10, 2011 AT THEIR MAY 3, 2011
MEETING.)
TABLED
This item was considered with the consent agenda.
6G. RESOLUTION NO. 11 -025 (ZA11 -020), SPECIFIC USE PERMIT FOR A MASS
GATHERING EVENT KNOWN AS SHOWCASE IN THE SQUARE ON
PROPERTY BEING DESCRIBED AS BLOCKS 1R, 2R1, 7 AND 8, PHASE I,
SOUTHLAKE TOWN SQUARE ADDITION AND THE LOCATION BEING
BOUNDED BY PROSPECT STREET AND CIVIC PLACE TO THE NORTH,
GRAND AVENUE TO THE EAST, NORTH CARROLL AVENUE TO THE WEST
AND EAST SOUTHLAKE BOULEVARD TO THE SOUTH. CURRENT
ZONING: "DT" DOWNTOWN ZONING DISTRICT. PUBLIC HEARING
APPROVED
Planner II Clayton Comstock presented this item to Council and was available to answer
questions. This item was presented in conjunction with Item 6H.
REGULAR CITY COUNCIL MEETING MINUTES, May 10, 2011
Page 9 of 12
Mr. John Shock who resides at 609 Burnett Drive, Keller, Texas, presented this item
and was available to answer questions from Council.
A motion was made to approve Resolution No. 11 -025, specific use permit for a mass
gathering event, known as Showcase in the Square and pursuant to the staff report
dated May 4, 2011.
Motion: Bledsoe
Second: Zito
Ayes: Bledsoe, Morris, Muller, Terrell, Wang, Zito
Nays: None
Absent: Hill
Approved: 6 -0
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 SHOWCASE IN THE
SQUARE LOCATED AT 1400 FOUNTAIN PLACE, 1400 EAST SOUTHLAKE BOULEVARD,
140 STATE STREET AND 1240 MAIN STREET, SOUTHLAKE, TEXAS, BEING DESCRIBED
AS LOT 3, BLOCK 1R; LOT 4, BLOCK 2R1; AND BLOCKS 7 AND 8, SOUTHLAKE TOWN
SQUARE, 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.
6H. APPROVE A COMMUNITY EVENT PARTICIPATION AGREEMENT WITH
APEX ARTS LEAGUE AND CROSSMEN WORLD CLASS DRUM CORPS FOR
2011 SHOWCASE IN THE SQUARE - A DRUM AND BUGLE CORP EVENT.
APPROVED
This item was presented in conjunction with Item 6G.
A motion was made to approve a community event participation agreement with Apex
Arts League and Crossmen World Class Drum Corps for the 2011 Showcase in the
Square- A Drum and Bugle Corp Event. The final funding will be based on actual costs
incurred, not to exceed $454.19, which is 50% of the estimated cost of $908.37.
Motion: Bledsoe
Second: Morris
Ayes: Bledsoe, Morris, Muller, Terrell, Wang, Zito
Nays: None
Absent: Hill
Approved: 6 -0
REGULAR CITY COUNCIL MEETING MINUTES, May 10, 2011
Page 10 of 12
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 -007, VARIANCE TO SIGN ORDINANCE NO. 704, AS
AMENDED, FOR PAWL'S PETS LOCATED AT 2225 WEST SOUTHLAKE
BOULEVARD.
This item was included and approved with the consent agenda.
Mayor Terrell announced that Council would move to Item 4B.
4B. ORDINANCE NO. 480 -GGGG, 1 READING, AN AMENDMENT TO ZONING
ORDINANCE NO. 480, AS AMENDED, AS IT PERTAINS TO PERSONAL
CARE FACILITIES, INCLUDING NURSING AND CARE HOMES. (IF
APPROVED AT FIRST READING, THE PUBLIC HEARING WILL BE HELD ON
JUNE 7, 2011.)
APPROVED
Planner 11 Clayton Comstock presented this item and was available to answer questions
from Council.
The Council and staff discussed square footage, amenities, and staffing level to
occupancy level. The consensus of Council is to have additional space for the Type B
units.
Director of Planning and Development Services Ken Baker recommended that Council
include a staffing analysis as part of the submittal.
Council directed staff to include a staffing analysis.
A motion was made to approve Ordinance 480 -GGGG, 1 reading, an amendment to
Zoning Ordinance No. 480, as amended, as it pertains to personal care facilities,
including nursing and care homes; to include staff's recommendation as noted in
Council's discussion.
Motion: Bledsoe
Second: Morris
Ayes: Bledsoe, Morris, Muller, Terrell, Wang, Zito
Nays: None
Absent: Hill
Approved: 6 -0
REGULAR CITY COUNCIL MEETING MINUTES, May 10, 2011
Page 11 of 12
Mr. Baker commented that staff would not be ready to present the item at the May 17,
2011 Council meeting. The item will be listed on the agenda, but the public hearing will
be tabled to a future meeting.
Mayor Terrell allowed members of the public to speak on this item.
Mr. David Kenner, 2000 Montecerro, commented on the size of the facilities to
encourage care for patrons requiring more assistance.
10. OTHER ITEMS FOR DISCUSSION: (THERE ARE NO ITEMS ON THIS
AGENDA.)
11. MEETING ADJOURNED.
Mayor Terrell adjourned the meeting at 10:09 p.m.
*An audio recording of this meeting will be permanently retained in the City Secretary's
Office.
( 707-31 9
John Terrell
Mayor
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Alicia Richardson " °
City Secretary **
REGULAR CITY COUNCIL MEETING MINUTES, May 10, 2011
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