2009-07-07
U 0 CITY OF
SOUTHLAK.-E
TEXAS
REGULAR CITY COUNCIL MEETING MINUTES: JULY 7, 2009
LOCATION: 1400 Main Street, Southlake, Texas
City Council Chambers
CITY COUNCIL PRESENT: Mayor John Terrell, Mayor Pro Tern Virginia M. Muzyka,
Deputy Mayor Pro Tern Laura K. Hill, and Councilmembers Brandon Bledsoe, Gregory
Jones, Carolyn Morris, and Pamela A. Muller.
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 Orlowski, 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 Kevin Hugman, Director of Information Technology Dale Dean, Information
Technology Technician Eric Lusk, Deputy Director of Planning and Development
Services Dennis Killough, Chief Building Official Paul Ward, Planner II Richard Schell,
Deputy Director of Police Services Rusty Daniels, Chief of Fire Services Mike Starr,
Deputy Director of Public Works Gordon Mayer, Public Works Operations Manager
Chuck Kendrick, Civil Engineer Michelle McCullough, City Attorney Tim Sralla, and City
Secretary Lori Payne.
WORK SESSION:
Agenda Item No. 1. Call to order. The work session was called to order by Mayor Terrell
at 5:36 p.m.
Agenda Item No. 2. Invocation. Chaplain of the Month, Eric Hulet, gave the invocation.
Mayor Terrell led the pledge of allegiance.
Agenda Item No. 3. Discuss all items on tonight's meeting agenda. Council reviewed
the consent agenda items.
Mayor Terrell closed the work session at 5:42 p.m.
REGULAR SESSION:
REGULAR CITY COUNCIL MEETING MINUTES, JULY 7, 2009
Page 1 of 9
Agenda Item No. 1. Call to order. The regular session was called to order by Mayor
Terrell at 5:42 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 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 5:42 p.m. Executive
Session began at 5:55 p.m. and ended at 7:40 p.m.
Councilmember Jones left the meeting at 6:35 p.m.
Agenda Item No. 2B. Reconvene. Mayor Terrell reconvened the regular meeting at 7:48
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.
Agenda Item 3B. City Manager's Report. No report was given.
Agenda Item 3C. Library Board Report. A written report was provided to Council.
CONSENT AGENDA: Consent agenda items are considered to be routine by the City
Council and are enacted with one motion.
Agenda Item No. 4A. Approve minutes from the June 16, 2009 regular City Council
meeting and the June 23, 2009 June Retreat with City Council. The minutes were
approved as presented.
Agenda Item No 4B Approve SPDC Matching Funds request from Southlake Historical
Society in the amount of $2,500 for furnishings for the log cabin. A presentation was not
made on this item.
Agenda Item No 4C Approve SPDC Matching Funds request from Bob Jones Nature
Center organization in the amount of $550 to purchase benches for the nature center
patio. A presentation was not made on this item.
Agenda Item No 4D Approve a professional services agreement in the amount of
$90,000 with Jacobs Engineering Group for expanded engineering and design on the
F.M. 1709 medians project. A presentation was not made on this item.
Agenda Item No. 4E. Approve an interlocal agreement for residential water and
wastewater service connection to Grapevine with the City of Grapevine. A presentation
was not made on this item.
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Page 2 of 9
Agenda Item No. 4F. Relect all bids for construction of the Quail Creek Neighborhood
Sewer project. A presentation was not made on this item.
Agenda Item No. 4G. Approve an annual agreement with Premier Chemicals, LLC to
provide odor control treatment at lift stations. A presentation was not made on this item.
Agenda Item No. 4H. Approve amendment No. 3 to the existing Professional Services
Agreement for design services for the East Dove Road drainage improvements with
Teague Nall and Perkins, Inc. in the amount of $18,900. A presentation was not made
on this item.
Agenda Item No. 41. Resolution No. 09-042, Appoint members to the Wayfinding Sign
Committee of the Southlake 2030 Plan. Council appointed Councilmembers Morris and
Muller to this Committee. 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,
APPOINTING MEMBERS TO A WAYFINDING SIGN COMMITTEE; AND PROVIDING
AN EFFECTIVE DATE.
Agenda Item No. 4J. Ordinance No. 956, 2nd Reading, Appoint a Municipal Judge and
authorize the Mayor to execute an agreement with the Municipal Judge and provide an
effective date. This item has been tabled to the July 21, 2009 City Council meeting.
Motion was made to approve consent agenda items 4A; 413; 4C; 4D; 4E; 4F; 4G; 41-1; 41
to appoint Councilmembers Carolyn Morris and Pamela A. Muller; and to table 4J to the
July 21, 2009 City Council meeting.
Motion: Morris
Second: Hill
Ayes: Bledsoe, Hill, Morris, Muller, Muzyka, Terrell
Nays: None
Approved: 6-0
REGULAR AGENDA:
Agenda Item No. 5. Public Forum. No one spoke during the public forum.
Mayor Terrell announced Item 9A would be heard next.
Agenda Item No. 9A. Consider a variance to the Masonry Ordinance No. 557-A for
portable buildings at Johnson Elementary School being described as Lot 13, F. Throop
No. 1511 Addition and being located at 1301 North Carroll Avenue. Planner Schell
presented this item to Council. Applicant Dr. Derek Citty, Assistant Superintendent with
Carroll Independent School District, 3051 Dove Road, Grapevine, Texas answered
Council's questions.
No one spoke during the public hearing.
REGULAR CITY COUNCIL MEETING MINUTES, JULY 7, 2009
Page 3 of 9
Motion was made to approve a variance to the Masonry Ordinance No. 557-A for
portable buildings at Johnson Elementary School being described as Lot 13, F. Throop
No. 1511 Addition and being located at 1301 North Carroll Avenue.
Motion: Muzyka
Second: Hill
Ayes: Bledsoe, Hill, Morris, Muller, Muzyka, Terrell
Nays: None
Approved: 6-0
Agenda Item No. 6A. Ordinance No. 704-D, 2nd Reading, Amendment to Sign
Ordinance No. 704-C, as amended. Deputy Director Killough presented this item and
answered Council's questions. City Attorney Sralla answered Council's questions. In
accordance with Section 4.21 of the City Charter, the caption for this item is listed as
follows:
AN ORDINANCE AMENDING ORDINANCE NO. 704-C, THE COMPREHENSIVE
ORDINANCE REGULATING SIGNS WITHIN THE CITY LIMITS OF SOUTHLAKE,
TEXAS; PROVIDING A TITLE; PROVIDING FOR PURPOSE AND INTENT FOR THE
ADOPTION OF THIS ORDINANCE; PROVIDING FOR AMENDED DEFINITIONS;
PROVIDING FOR APPLICABILITY; PROVIDING FOR STANDARDS FOR
TEMPORARY AND PERMANENT SIGNS; PROVIDING FOR STANDARDS FOR
SIGNS REQURING PERMITS AND NOT REQURING PERMITS; PROHIBITING
CERTAIN SIGNS; PROVIDING FOR EXEMPT SIGNS; PROVIDING FOR
REQUIREMENTS FOR MASTER SIGN PLANS; ALLOWING NONCOMMERCIAL
(IDEOLOGICAL) COPY ON SIGNS; PROVIDING FOR ADMINISTRATION AND
ENFORCEMENT; PROVIDING FOR THE ISSUANCE AND REVOCATION OF SIGN
PERMITS; PROVIDING FOR THE REMOVAL OF SIGNS; PROVIDING FOR APPEALS
AND VARIANCES; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE
OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A
PENALTY FOR VIOLATIONS HEREOF; PROVIDING A SAVINGS CLAUSE;
PROVIDING FOR PUBLICATION IN PAMPHLET FORM; PROVIDING FOR
PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE
DATE.
No one spoke during the public hearing.
Motion was made to approve Ordinance No. 704-D, 2nd Reading, Amendment to Sign
Ordinance No. 704-C, as amended, following the discussion tonight that stand-up
parking signs will no longer be allowed unless the applicant gets an administrative
permit issued through the Planning and Development Services Department and stating
that it will be limited to the colors of black lettering and white background, and allowing
curb painting but it will be limited according to tonight's presentation which was one sign
per 25 spaces but not less than two per tenant and will also be limited to the colors of
black lettering and white background.
Motion: Hill
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Page 4 of 9
Second: Muzyka
Ayes: Bledsoe, Hill, Morris, Muller, Muzyka, Terrell
Nays: None
Approved: 6-0
Agenda Item No. 6B. Ordinance No. 480-586, 2nd Reading (ZA09-016), Zoning Change
and Concept Plan for 1080 Primrose Lane on property being described as Tract 2C4A,
Absolom H. Chivers Survey, Abstract No. 299. Current Zoning: AG Agricultural District
and SF-1A Single Family Residential District. Requested Zoning: SF-20A Single Family
Residential District. SPIN Neighborhood #3. Planner Schell presented this item to
Council. In accordance with Section 4.21 of the City Charter, the caption for this item is
listed as follows:
AN ORDINANCE 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 APPROXIMATELY 0.34 ACRES
SITUATED IN THE ABSOLOM H. CHIVERS SURVEY, ABSTRACT NO. 299, TRACT
2C4A, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM
"AG" AGRICULTURAL TO "SF-20A" SINGLE FAMILY RESIDENTIAL AS DEPICTED
UPON THE CONCEPT PLAN ATTACHED HERETO AS EXHIBIT "B" AND SUBJECT
TO THE SPECIFIC REQUIREMENTS CONTAINED IN THIS ORDINANCE;
CORRECTING THE OFFICIAL ZONING MAP; PRESERVING ALL OTHER
PORTIONS OF THE ZONING ORDINANCE; DETERMINING THAT THE PUBLIC
INTEREST, MORALS AND GENERAL WELFARE DEMAND THE ZONING CHANGES
AND AMENDMENTS HEREIN MADE; PROVIDING THAT THIS ORDINANCE SHALL
BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE;
PROVIDING FOR A PENALTY FOR VIOLATIONS HEREOF; PROVIDING A SAVINGS
CLAUSE; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND
PROVIDING AN EFFECTIVE DATE.
No one spoke during the public hearing.
Motion was made to approve Ordinance No. 480-586, 2"d Reading (ZA09-016), Zoning
Change and Concept Plan for 1080 Primrose Lane requiring that no water service or
certificate of occupancy be permitted before the sanitary sewer is available and subject
to Plat Review Summary No. 2, dated May 22, 2009 and subject to Revised Concept
Plan Review Summary No. 1, dated June 30, 2009.
Motion: Hill
Second: Muzyka
Ayes: Bledsoe, Hill, Morris, Muller, Muzyka, Terrell
Nays: None
Approved: 6-0
Agenda Item No. 6C. Ordinance No. 480-587, 2nd Reading (ZA09-020), Zoning Change
and Concept Plan for 2000 Shady Oaks Drive on property being legally described as
REGULAR CITY COUNCIL MEETING MINUTES, JULY 7, 2009
Page 5 of 9
Lot C, Block 1, Old Orchard Country Estates. Current Zoning: SF-1A Single Family
Residential District. Proposed Zoning: SF-2 Single Family Residential District. SPIN
Neighborhood #5. Deputy Director Killough presented this item to Council. Keith
Hamilton, 8241 Mid-Cities Boulevard, North Richland Hills, Texas represented the
applicant and answered Council's questions. In accordance with Section 4.21 of the City
Charter, the caption for this item is listed as follows:
AN ORDINANCE AMENDING ORDINANCE NO. 480, AS AMENDED, THE
COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF SOUTHLAKE, TEXAS;
GRANTING A ZONING CHANGE ON A CERTAIN TRACT OR TRACTS OF LAND
WITHIN THE CITY OF SOUTHLAKE, TEXAS BEING DESCRIBED AS LOT C, BLOCK
1, OLD ORCHARD COUNTRY ESTATES, SOUTHLAKE, TARRANT COUNTY, TEXAS
BEING APPROXIMATELY 4.58 ACRES AND MORE FULLY AND COMPLETELY
DESCRIBED IN EXHIBIT "A" FROM "SF-1A" SINGLE-FAMILY RESIDENTIAL
DISTRICT TO "SF-2" SINGLE-FAMILY RESIDENTIAL DISTRICT, AS DEPICTED ON
THE APPROVED CONCEPT PLAN ATTACHED HERETO AND INCORPORATED
HEREIN AS EXHIBIT "B", SUBJECT TO THE SPECIFIC REQUIREMENTS
CONTAINED IN THIS ORDINANCE; CORRECTING THE OFFICIAL ZONING MAP;
PRESERVING ALL OTHER PORTIONS OF THE ZONING ORDINANCE;
DETERMINING THAT THE PUBLIC INTEREST, MORALS AND GENERAL WELFARE
DEMAND THE ZONING CHANGES AND AMENDMENTS HEREIN MADE;
PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL
ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A
PENALTY FOR VIOLATIONS HEREOF; PROVIDING A SAVINGS CLAUSE;
PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING
AN EFFECTIVE DATE.
No one spoke during the public hearing.
Motion was made to approve Ordinance No. 480-587, 2nd Reading (ZA09-020), Zoning
Change and Concept Plan for 2000 Shady Oaks Drive subject to the Concept Plan
Review Summary No. 1, dated May 27, 2009.
Motion: Hill
Second: Muzyka
Ayes: Bledsoe, Hill, Morris, Muller, Muzyka, Terrell
Nays: None
Approved: 6-0
Agenda Item No. 6D. Ordinance No. 480-579, 2nd Reading (ZA08-062), Zoning Change
and Concept Plan for 520 South White Chapel Boulevard on property being described
as Tract 3E, Hiram Granberry Survey, Abstract No. 581. Current Zoning: AG
Agricultural District. The originally requested zoning was SF-20A Single Family
Residential District. The amended requested zoning is SF-30 Single Family Residential
District. SPIN Neighborhood #10. Planner Schell presented this item to Council. In
accordance with Section 4.21 of the City Charter, the caption for this item is listed as
follows:
REGULAR CITY COUNCIL MEETING MINUTES, JULY 7, 2009
Page 6 of 9
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 APPROXIMATELY 0.67 ACRES
SITUATED IN HIRAM GRANBERRY SURVEY, ABSTRACT NO. 581, TRACT 3E, AND
MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "AG"
AGRICULTURAL TO "SF-30" SINGLE FAMILY RESIDENTIAL AS DEPICTED UPON
THE CONCEPT PLAN ATTACHED HERETO AS EXHIBIT "B" AND SUBJECT TO THE
SPECIFIC REQUIREMENTS CONTAINED IN THIS ORDINANCE; CORRECTING THE
OFFICIAL ZONING MAP, PRESERVING ALL OTHER PORTIONS OF THE ZONING
ORDINANCE; DETERMINING THAT THE PUBLIC INTEREST, MORALS AND
GENERAL WELFARE DEMAND THE ZONING CHANGES AND AMENDMENTS
HEREIN MADE; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF
ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A
PENALTY FOR VIOLATIONS HEREOF; PROVIDING A SAVINGS CLAUSE;
PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING
AN EFFECTIVE DATE.
No one spoke during the public hearing.
Motion was made to approve Ordinance No. 480-579, 2"d Reading (ZA08-062), Zoning
Change and Concept Plan for 520 South White Chapel Boulevard subject to the
applicant's acceptance that the northern boundary will remain evergreen shrubs and will
not have wooden fencing and subject to Revised Concept Plan Review Summary No. 2,
dated June 30, 2009.
Motion: Hill
Second: Muzyka
Ayes: Bledsoe, Hill, Morris, Muller, Muzyka, Terrell
Nays: None
Approved: 6-0
Agenda Item No. 6E. ZA09-023, Revised Site Plan for Wildwood American Grill (fka
Southlake Tavern) on property described as Lot 5R, Block 2, Gateway Plaza Phase II,
and located at 2700 East Southlake Boulevard. Current Zoning: S-P-2 Generalized Site
Plan District. SPIN Neighborhood #8. Deputy Director Killough presented this item to
Council. Applicant Dave Garner, 502 Morningside Drive, Southlake, Texas answered
Council's questions.
Mayor Terrell opened the public hearing.
The owner's legal representative, Tommy Mann, 5400 Renaissance Tower, Dallas,
Texas, spoke regarding the deletion of the sidewalk requirement pursuant to State law.
Mayor Terrell closed the public hearing.
REGULAR CITY COUNCIL MEETING MINUTES, JULY 7, 2009
Page 7 of 9
Motion was made to approve ZA09-023, Revised Site Plan for Wildwood American Grill
(fka Southlake Tavern) approving the color boards and drawings as presented and
granting the variance to the sidewalk requirement.
Motion: Hill
Second: Muzyka
Ayes: Bledsoe, Hill, Morris, Muller, Muzyka, Terrell
Nays: None
Approved: 6-0
Agenda Item No. 7A. Ordinance No. 954, 1St Reading, Approve a speed limit on State
Highway 114 from the South lake-Westlake boundary to the South lake-Grapevine
boundary. Deputy Director Mayer presented this item to Council. Prior to the start of the
meeting, Deputy Director Mayer stated that TxDOT amended their request to include
only the two speed limits of 40 mph and 45 mph on the east bound route (instead of
three different speeds). Council discussed this item.
Motion was made to approve Ordinance No. 954, 1St Reading, Approve a speed limit on
State Highway 114 from the South lake-Westlake boundary to the Southlake-Grapevine
boundary approving on 1St Reading the amended request from TxDOT and requesting
documentation on 2nd Reading showing the speed limits from Westlake all the way to
Grapevine.
Motion: Hill
Second: Muzyka
Ayes: Bledsoe, Hill, Morris, Muller, Muzyka, Terrell
Nays: None
Approved: 6-0
Mayor Terrell announced City Council would be going into Executive Session pursuant
to the Texas Government Code Section 551.074, deliberation regarding personnel
matters. City Council adjourned for Executive Session at 8:55 p.m. Executive Session
began at 9:00 p.m. and ended at 9:15 p.m.
Mayor Terrell reconvened the meeting 9:15 p.m.
Agenda Item No. 8A. Resolution No. 09-041, Appoint a member to the Zoning Board of
Adjustment to fill an unexpired term. Mayor Terrell introduced this item. Council moved
Michael Forman from Place 8, Alternate 3 to Place 1 with a term ending May 2010 and
appointed Michael Mills to the aforementioned Place 8, Alternate 3 position with a term
ending May 2010.
Motion was made to approve Resolution No. 09-041, Appoint a member to the Zoning
Board of Adjustment to fill an unexpired term to appoint Michael Forman to Place 1 with
a term ending May 2010 and to appoint Michael Mills to Place 8, Alternate 3 with a term
ending May 2011.
Motion: Muzyka
Second: Hill
REGULAR CITY COUNCIL MEETING MINUTES, JULY 7, 2009
Page 8 of 9
Ayes: Bledsoe, Hill, Morris, Muller, Muzyka, Terrell
Nays: None
Approved: 6-0
Agenda Item No. 11. Meeting adjourned. Mayor Terrell adjourned the meeting at 9:15
p.m.
*An audio recording of this meeting will be permanently retained in the City
Secretary's Office. Qlu~% 10
John Terre
Mayor
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Lori Payne, TRM r
City Secretary
REGULAR CITY COUNCIL MEETING MINUTES, JULY 7, 2009
Page 9 of 9
Pag 1 of 1
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Jam-( 7 2000( Dfy C'oumoof
Dennis Killough '
From: Esther Spickler low e /
Sent: Tuesday, July 07, 2009 6:54 PM C C
To: Dennis Killough
Subject: Fw: 2000 Shady Oaks Drive
On Tue, 7/7/09, Esther Spickler <estherspickler@yahoo.com> wrote:
From: Esther Spickler 1
Subject: 2000 Shady Oaks Drive
To: dkillougl4"
Cc: tmatthews~.
Date: Tuesday, July 7, 2009, 5:59 PM
Dear Dennis
Please accept this as an official withdrawal of our opposition to the change in zoning request.
We are ok with it.
Esther Spickler
1950 Shady Oaks Drive
Southlake, TX
817-424-1105
7/7/2009