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2010-04-06 OFFICIAL RECORD CI TY O F S OUTHLAKE TEXAS REGULAR CITY COUNCIL MEETING MINUTES: APRIL 6, 2010 LOCATION: 1400 Main Street, Southlake, Texas City Council Chambers CITY COUNCIL PRESENT: Mayor John Terrell, Mayor Pro Tem Virginia M. Muzyka, Deputy Mayor Pro Tem 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 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, Construction Manager Peter Kao, Director of Economic Development Greg Last, Assistant Director of Finance Sean Leonard, Interim Director of Human Resources Stacey Black, Director of Information Technology Dale Dean, Information SQL Database Administrator Sam Cobb, Director of Planning and Development Services Ken Baker, Planner II Clayton Comstock, Planner I Daniel Cortez, Chief Building Official Paul Ward, Building Inspections Supervisor Eddie Wilson, Building Inspector John Lesinski, Building Inspector Michael White, Plans Examiner Chuck Bloomberg, Plans Examiner Skip Vandergrifft, Chief of Fire Services Mike Starr, Deputy Chief of Fire Services Bryan Thomas, Lieutenant Michael Leonard, Lieutenant Shawn Fannan, Lieutenant Wade Carroll, Engineer Ryan Sessums, Engineer Tony Peyton, Fire Fighter Kelly Clements, Fire Fighter Trey Porter, Fire Fighter Jeffrey Vogel, Fire Fighter Randy Mudd, Fire Fighter Shane Freeman, Fire Fighter John Ard, Fire Fighter Matthew Stacy, Fire Fighter Randy Potter, Fire Fighter Scot Dymond, Chief of Police Services Robert Finn, Director of Public Works Robert Price, Deputy Director of Public Works Gordon Mayer, Civil Engineer Michael James, Civil Engineer Michelle McCullough, Civil Engineer Cheryl Taylor, 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 5:32 p.m. Agenda Item No. 2. Invocation. Chaplain of the Month, Clayton Reed, gave the invocation. Mayor Terrell led the pledge of allegiance. REGULAR CITY COUNCIL MEETING MINUTES, APRIL 6, 2010 Page 1 of 11 Agenda Item No. 3. Recognition of the Southlake Department of Public Safety, Fire Services Division, for receipt of Accreditation status. Mayor Terrell introduced this item and thanked the Fire Services staff members for their hard work on accreditation. He presented those members in attendance with a letter of appreciation. Agenda Item No. 4. Presentation to Chief Robert P. Steele (Retired) thanking him for his service. Chief Finn and Chief Starr presented this item to Retired Chief Steele and thanked him for his many years of service to the city. Agenda Item No. 5. Building Services Award, Proclamation and proposed Safety, Program. Mayor Terrell introduced Scott McDonald who discussed the Building Officials Association of Texas (BOAT) Building Services Award. Chairman of the BOAT Awards Committee, Lawrence Crow, presented the award to members of the Building Services staff. Mayor Terrell presented a proclamation for Building Safety Month to members of the Building Services staff and thanked them for their service to the city. Director Baker presented information on an initiative to promote pool and backyard safety and discussed the upcoming Building Safety Day on May 22, 2010. Agenda Item No. 6. Discuss Twin Creeks Neighborhood Sewer Program Project. Director Price presented this item and answered Council's questions. Mayor Terrell allowed citizen's to speak on this item. He read a comment card from John Baldwin, 1700 Creekside Drive, Southlake, Texas who did not wish to speak but wanted to record his opposition to this item. Peter E. Austin, 1658 Creekside Drive, Southlake, Texas spoke in opposition. Brad Bradley, 1657 Creekside Drive, Southlake, Texas spoke in opposition. Bill Zimmerman, 1656 Creekside Drive, Southlake, Texas spoke in opposition. Rickey McPherson, 1900 Dove Road, Southlake, Texas spoke in support. Donnie Ward, 2199 East Dove Road, Southlake, Texas spoke in support. Harold Long, 2000 East Dove Road, Southlake, Texas spoke in support. Alma Williams, 2000 and 2023 East Dove Road, Southlake, Texas spoke in support. Council discussed this item. Director Price answered their questions. City Manager Yelverton answered Council's questions. REGULAR CITY COUNCIL MEETING MINUTES, APRIL 6, 2010 Page 2 of 11 Agenda Item No. 7. Discuss all items on tonight's meeting agenda. Council reviewed the consent agenda items. REGULAR SESSION: Agenda Item No. 1. Call to order. The regular session of the City Council was called to order by Mayor Terrell at 7:17 p.m. Due to the length of the work session tonight, Mayor Terrell stated that the Arts Council Report and the Historical Society Report would be heard next. Agenda Item No. 3C. Arts Council Report. Jeff Walters presented this item to Council. Agenda Item No. 3D. Historical Society Report. Connie Cooley presented this item to Council and introduced Barbara Gordon for her role in the incorporation of Southlake. Ms. Gordon was the first City Secretary of Southlake. Mayor Terrell presented a proclamation to Ms. Cooley, Lou Ann Heath and Anita Robeson. 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 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 7:27 p.m. Executive Session began at 7:47 p.m. and ended at 8:42 p.m. Agenda Item No. 2B. Reconvene. Mayor Terrell reconvened the regular meeting at 8:54 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 No. 3A2. Mayor's Report Kiwanis 5K Run for the Kids. The Mayor announced this upcoming event to be held on Saturday, May 8, 2010 from 7:30 a.m. to 11:00 a.m. in Southlake Town Square. The local business report was presented next. Agenda Item No. 3E. Local Business Report. Director Last introduced Michael Malouf and John Malouf, owner's of a new local business, Malouf's, who presented information on their business to Council. REGULAR CITY COUNCIL MEETING MINUTES, APRIL 6, 2010 Page 3 of 11 Agenda Item No. 3B1. City Manager's Report Employee Banquet award winners. City Manager Yelverton read the names of recent award recipients at the Employee Banquet held on March 5, 2010. CONSENT AGENDA: Consent agenda items are considered to be routine by the City Council and are enacted with one motion. The Mayor read the consent agenda items. Agenda Item 4A. Approve minutes from the March 2, 2010 regular City Council meeting and from the March 29, 2010 special City Council meeting. The minutes were approved as presented. Agenda Item No. 4B. Resolution No. 10 -011A, Amend Resolution No. 10 -011, which called for a General Election to be held May 8, 2010, by approving contracts for election services with Tarrant County Elections Administration and Denton County Elections Administration. (Resolucion N° 10 -011A, enmienda a la Resolucion N° 10 -011, que convoco a las Elecciones Generales del 8 de mayo del 2010, mediante la aprobacion de contratos de servicios electorales con la Administracion Electoral del Condado de Tarrant v la Administracion Electoral del Condado de Denton.) 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 OF THE CITY COUNCIL OF THE CITY OF SOUTHLAKE TEXAS CALLING FOR A GENERAL ELECTION TO BE HELD ON MAY 8 2010 APPROVING CONTRACTS FOR ELECTION SERVICES WITH TARRANT COUNTY ELECTIONS ADMINISTRATION AND DENTON COUNTY ELECTIONS ADMINISTRATION ESTABLISHING PROCEDURES FOR THE ELECTION AND PROVIDING AN EFFECTIVE DATE Agenda Item No. 4C. Resolution No. 10 -016, Authorize the city attorney to bring condemnation action for the purpose of obtaining street right -of -way for the purpose of construction and maintenance of North Kimball Avenue located in the S. Freemen Survey, Abstract No. 525, located at 603 North Kimball Avenue. 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 OF THE CITY OF SOUTHLAKE, TEXAS AUTHORIZING THE CITY ATTORNEY TO BRING A CONDEMNATION ACTION FOR THE PURPOSE OF OBTAINING A RIGHT OF WAY FOR THE PURPOSE OF CONSTRUCTION AND MAINTENANCE OF ROADWAY IMPROVEMENTS OR FOR OTHER PUBLIC PURPOSES PERMITTED BY LAW REGULAR CITY COUNCIL MEETING MINUTES, APRIL 6, 2010 Page 4 of 11 Agenda Item No. 4D. Resolution No. 10 -017, Authorize the city attorney to bring condemnation action for the purpose of obtaining street right -of -way for the purpose of construction and maintenance of North Kimball Avenue located in Lot 5, Block 1, Mesco Addition, located at 2150 East State Highway 114. 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 OF THE CITY OF SOUTHLAKE, TEXAS AUTHORIZING THE CITY ATTORNEY TO BRING A CONDEMNATION ACTION FOR THE PURPOSE OF OBTAINING A RIGHT OF WAY FOR THE PURPOSE OF CONSTRUCTION AND MAINTENANCE OF ROADWAY IMPROVEMENTS OR FOR OTHER PUBLIC PURPOSES PERMITTED BY LAW Agenda Item No. 4E. Approve Change Order No. 3 with Quality Excavation, Ltd. for unit 1 reconciliation and unit 2 revised construction phasing in the amount of $195,081.13 for the Dove Road intersection and drainage improvement project. A presentation was not made on this item. Agenda Item No. 4F. Approve an annual software support and maintenance agreement to Tyler Technologies in the amount of $63,941. A presentation was not made on this item. Agenda Item No. 4G. Approve renewal of and amendment to contract with American Landscape Systems for landscape maintenance services in the amount of $95,445. A presentation was not made on this item. Agenda Item No. 4H. Approve renewal of and amendment to contracts with TruGreen LandCare for landscape maintenance services in the amount of $145,865.26. A presentation was not made on this item. Agenda Item No. 41. Consider SV10 -006, Variance to Sign Ordinance No. 704, as amended, for City of Southlake Green Revolution at Bob Jones Nature Center located at 355 East Bob Jones Road. A presentation was not made on this item. Agenda Item No. 4J. Approve a consulting agreement with TIP Strategies, Inc. in the amount of $75,000 for preparation of an Economic Development and Tourism Strategic Plan, an element of the Southlake 2030 Plan. Director Last and City Manager Yelverton answered Council's questions during the work session. Agenda Item No. 4K. Ordinance No. 972, 1 Reading, Authorizing the issuance of Tax and Sewer Revenue Certificates of Obligation, Series 2010. This item and the public hearing were tabled to the April 20, 2010 City Council meeting. REGULAR CITY COUNCIL MEETING MINUTES, APRIL 6, 2010 Page 5 of 11 Agenda Item No. 4L. Resolution No. 10 -013 (ZA09 -066), Specific Use Permit for Carports for Non Residential Property for Construction Management Advisors on property being described as Lot 4R7R1, Green Meadow Subdivision, and being located at 2250 East Continental Boulevard. Current Zoning: 11 Light Industrial District. SPIN Neighborhood #8. The applicant requested to table this item to the April 20, 2010 City Council meeting. Agenda Item No. 4M. Ordinance No. 480 -549a, (ZA09 -059), 2 Reading, Zoning Change and Site Plan for Invitation Park on property being described as Tracts 3B, 3B01 and a portion of 3D01, Obediah W. Knight Survey, Abstract No. 899 and being located at 821, 825 and 835 East Southlake Boulevard. Current Zoning: S -P -1 Detailed Site Plan District. Proposed Zoning: S -P -1 Detailed Site Plan District. SPIN Neighborhood #8. This item was withdrawn by the applicant. Agenda Item No. 4N. Consider SV09 -017, Variance to Sign Ordinance No. 704, as amended, for Carpet One located at 154 Bank Street. The applicant requested to table this item indefinitely. Agenda Item No. 7D. Ordinance No. 967, 1 Reading, Southlake 2030 Wayfinding Sign System Plan. A presentation was not made on this item. Agenda Item No. 9B. Consider termination of the contract with Municipal Construction, Inc. for Highland Street Paving and Water System Improvements. This item was tabled indefinitely. Motion was made to approve consent agenda items 4A; 4B; 4C; 4D; 4E; 4F; 4G; 4H; 41; 4J; to table item 4K to the April 20, 2010 City Council meeting; to table item 4L to the April 20, 2010 City Council meeting as requested by the applicant; to withdraw item 4M as requested by the applicant; to table item 4N indefinitely as requested by the applicant; to approve item 7D; and to table item 9B indefinitely. Motion: Muzyka Second: Hill Ayes: Bledsoe, Hill, Jones, Morris, Muller, Muzyka, Terrell 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 the City Council about her concerns regarding issues within the Department of Public Safety. Mayor Terrell closed the public forum. REGULAR CITY COUNCIL MEETING MINUTES, APRIL 6, 2010 Page 6 of 11 Agenda Item No. 6A. Ordinance No. 969, 2 Reading, Approve the Policy Ordinance Review Committee revisions to Chapter 2 of the City Code regarding Senior Advisory Commission and Southlake Youth Action Commission. Director Tribble presented items 6A and 6B simultaneously to Council. In accordance with Section 4.21 of the City Charter, the caption for this item is listed as follows: AN ORDINANCE OF THE CITY OF SOUTHLAKE, TEXAS, AMENDING THE CODE OF ORDINANCES OF THE CITY OF SOUTHLAKE, TEXAS, AS AMENDED, BY AMENDING CHAPTER 2, ARTICLE V, DIVISION 3 "YOUTH ACTION COMMISSION" TO AMEND COMMISSION QUALIFICATIONS, TO DESIGNATE THE LENGTH OF COMMISSION TERMS, TO AUTHORIZE THE CITY COUNCIL TO REMOVE MEMBERS, AND TO AMEND COMMISSION DUTIES; BY AMENDING CHAPTER 2, ARTICLE V, DIVISION 4 "SENIOR ADVISORY COMMISSION" TO AMEND THE NUMBER OF MEETINGS, TO AMEND THE BY -LAWS, AND TO AMEND COMMISSION DUTIES; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR PUBLICATION; AND PROVIDING AN EFFECTIVE DATE. No one spoke during the public hearing. Motion was made to approve Ordinance No. 969, 2 Reading, Approve the Policy Ordinance Review Committee revisions to Chapter 2 of the City Code regarding the Senior Advisory Commission and the Southlake Youth Action Commission. Motion: Hill Second: Jones Ayes: Bledsoe, Hill, Jones, Morris, Muller, Muzyka, Terrell Nays: None Approved: 7 -0 Agenda Item No. 6B. Ordinance No. 970, 2 Reading, Approve the Policy Ordinance Review Committee revisions to Chapter 12 of the City Code regarding Parks and Recreation. Director Tribble presented items 6A and 6B simultaneously to Council. In accordance with Section 4.21 of the City Charter, the caption for this item is listed as follows: AN ORDINANCE OF THE CITY OF SOUTHLAKE, TEXAS, AMENDING THE CODE OF ORDINANCES OF THE CITY OF SOUTHLAKE, TEXAS, AS AMENDED, BY AMENDING CHAPTER 12, ARTICLE II "CITY PARKS" TO AMEND CERTAIN DEFINITIONS, TO AUTHORIZE THE DIRECTOR OF COMMUNITY SERVICES TO ISSUE SPECIAL PERMITS OR GRANT VARIANCES, TO AMEND CERTAIN DUTIES OF THE BOARD, AND TO REPEAL PROVISIONS RELATED TO SPEED LIMITS ON CITY PARK ROADS AND SIGN POSTING REQUIREMENTS; REPEALING THE YOUTH PARK AND RECREATION BOARD; REPEALING RECREATION PROGRAMS FOR ELEMENTARY -AGE CHILDREN; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A REGULAR CITY COUNCIL MEETING MINUTES, APRIL 6, 2010 Page 7 of 11 SEVERABILITY CLAUSE; PROVIDING FOR PENALTIES; PROVIDING FOR PUBLICATION; AND PROVIDING AN EFFECTIVE DATE. No one spoke during the public hearing. Motion was made to approve Ordinance No. 970, 2 Reading, Approve the Policy Ordinance Review Committee revisions to Chapter 12 of the City Code regarding Parks and Recreation. Motion: Hill Second: Muzyka Ayes: Bledsoe, Hill, Jones, Morris, Muller, Muzyka, Terrell Nays: None Approved: 7 -0 Agenda Item No. 7A. Ordinance No. 480 -500a (ZA10 -008), 1 Reading, Zoning Change and Site Plan for Miron Grove Office Park on property being described as Block 1, Lot 4R1, Miron Subdivision and being located at 300 Miron Drive. Current Zoning: S -P -2 Generalized Site Plan District. Proposed Zoning: S -P -2 Generalized Site Plan District. SPIN Neighborhood 8. Planner Comstock presented this item to Council. Applicants Tina Larsen, 633 Sorita Circle, Heath, Texas and Mark Hood, 1545 East Southlake Boulevard, Southlake, Texas answered Council's questions. Mayor Terrell allowed the public to speak. Randall McCauley, 2805 Carrick Court, Southlake, Texas did not wish to speak but recorded his support of this item. Motion was made to approve Ordinance No. 480 -500a (ZA10 -008), 1 Reading, Zoning Change and Site Plan for Miron Grove Office Park. Motion: Hill Second: Muzyka Ayes: Bledsoe, Hill, Jones, Morris, Muller, Muzyka, Terrell Nays: None Approved: 7 -0 Agenda Item No. 7B. Ordinance No. 480 -593 (ZA09 -075), 1 Reading, Zoning Change and Development Plan for Shady Oaks subdivision on property being described as Tract 11D and portions of Tracts 11 and 11D1, Thomas M. Hood Survey, Abstract No. 706, and a portion of Lot CA2 and Lots CA3, CA4, CA5, CA6, CA7, CA8, CA9, CA10, CA11, CAl2, and CA 13, Shady Oaks Phase 1A, and being located at 800, 820 and 1020 Shady Oaks Drive and 600, 601, 620, 640, 700, 701, 750, 800, 801, 850, 900, 901 Sherwood Drive, and being approximately 35.662 acres. Current Zoning: SF -20A Single Family Residential District. Requested Zoning: RPUD Residential Planned Unit Development District. SPIN Neighborhood #6. Planner Comstock presented this item to Council. Applicants Kosse Maykus, 608 Chapel Court, Southlake, Texas and Paul REGULAR CITY COUNCIL MEETING MINUTES, APRIL 6, 2010 Page 8 of 11 Spain, 2200 Estes Park Drive, Southlake, Texas presented this item to Council and addressed Council's questions. Mayor Terrell read a comment card from Tina Wasserman, 520 West Highland Street, Southlake, Texas who did not wish to speak but recorded her support of this item. Council discussed this item. Motion was made to approve Ordinance No. 480 -593 (ZA09 -075), 1 Reading, Zoning Change and Development Plan for Shady Oaks subdivision referencing the R -PUD regulations as presented and subject to Development Review Plan No. 3, dated February 24, 2010. Motion: Hill Second: Jones Ayes: Bledsoe, Hill, Jones, Morris, Muzyka, Terrell Nays: Muller Approved: 6 -1 Councilmember Bledsoe stated he would like to see current demographic information on the schools. Mayor Terrell called for a break at 10:19 p.m. and reconvened the meeting at 10:32 p.m. Agenda Item No. 7C. Ordinance No. 480 -594 (ZA10 -001), 1 Reading, Zoning Change and Site Plan for a new Carroll ISD elementary school on property being described as Lots 1 and 2, Stanford Place Addition and being located at 2520 and 2530 North White Chapel Boulevard. Current Zoning: SF -1A Single Family Residential District. Requested Zoning: S -P -1 Detailed Site Plan District. SPIN Neighborhood #1. Director Baker presented this item to Council and answered Council's questions. Mayor Terrell asked City Attorney Sralla to clarify the subject of a super- majority requirement on this item. Mr. Sralla stated that a normal super- majority requirement does not apply on this property since it is owned by the school district. He stated, however, the city does have the ability to impose its normal development regulations and those would include things such as setback, materials, design, landscape, screening and bufferyards. Applicants John Haugen, John Blacker, Shane Garthoff and Jeff Whitaker presented this item and answered Council's questions. Mayor Terrell allowed the public to speak. John Klopfer, 413 Orchard Hill Drive, Southlake, Texas spoke in opposition to this item. REGULAR CITY COUNCIL MEETING MINUTES, APRIL 6, 2010 Page 9 of 11 Bryan Fleming, 521 Round Hollow Lane, Southlake, Texas spoke in opposition to this item. Doug Harsy, 2804 Tyler Street, Southlake, Texas spoke in opposition to this item. Roger Sanford, 200 Stockton Drive, Southlake, Texas spoke in opposition to this item. Corey Sanford, 200 Stockton Drive, Southlake, Texas spoke in opposition to this item. Gabriella Miller, 405 Orchard Hill Drive, Southlake, Texas spoke in opposition to this item. The following citizens did not wish to speak but recorded their opposition to this item: Cheree Holden, 301 Stockton Drive, Southlake, Texas; Anwar Khurshid, 406 Orchard Hill Drive, Southlake, Texas; Tammy Kuehler- O'Brian, 208 Stockton Drive, Southlake, Texas; and, P.K. Sharkey, 404 Marshall Road, Southlake, Texas. Greg Standerfer, 2109 Boulder Court, Southlake, Texas spoke in support of this item. Council discussed this item. Motion was made to approve Ordinance No. 480 -594 (ZA10 -001), 1 Reading, Zoning Change and Site Plan for a new Carroll ISD elementary school noting applicant's agreement to bring back the following items to Council at second reading: renderings showing line of sight from Stockton Drive and Orchard Hill Drive to the school property; noting the applicant's agreement to continue to work with utility companies to get clarification on the status of the electric pole and report back to Council; noting the applicant's agreement to provide parking numbers and information and a plan for overflow parking; a rendering of the shade structure; noting applicant's agreement to allow residents to tie into the perimeter fencing; and subject to Site Plan Review Summary No. 5, dated March 31, 2010 and granting the requested variance on driveway stacking depth. Motion: Hill Second: Jones Ayes: Bledsoe, Hill, Jones, Morris, Muller, Muzyka, Terrell Nays: None Approved: 7 -0 Mayor Terrell announced that Council would consider item 9A next. Director Baker stated that the applicant for this item was not present. Agenda Item No. 9A. Consider SV10 -005, Variance to Sign Ordinance No. 704, as amended, for Bethel Methodist Church located at 190 South White Chapel Boulevard. The applicant was not present for this item. Council agreed to table this item. REGULAR CITY COUNCIL MEETING MINUTES, APRIL 6, 2010 Page 10 of 11 Motion was made to table SV10 -005, Variance to Sign Ordinance No. 704, as amended, for Bethel Methodist Church to the April 20, 2010 City Council meeting. Motion: Jones Second: Hill Ayes: Bledsoe, Hill, Jones, Morris, Muller, Muzyka, Terrell Nays: None Approved: 7 -0 (to table) 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 12:30 a.m. Executive Session began at 12:40 a.m. and ended at 12:55 a.m. Mayor Terrell reconvened the meeting at 12:55 a.m. Agenda Item No. 8A. Resolution No. 10 -015, Appoint members to fill two unexpired positions on the Planning and Zoning Commission. Mayor Terrell introduced this item. Motion was made to approve Resolution No. 10 -015, Appoint members to fill two unexpired positions on the Planning and Zoning Commission appointing Jim Hamel and Shahid Shafi with terms to expire May 2012. Motion: Jones Second: Morris Ayes: Bledsoe, Hill, Jones, Morris, Muller, Muzyka, Terrell Nays: None Approved: 7 -0 Agenda Item No. 11. Meeting adjourned. Mayor Terrell adjourned the meeting at 12:57 a.m. *An audio recording of this meeting will be permanently retained in the City Secretary's Office. C_..-,l 61 John erre I Mayor ATTEST: A BOUTH 1 9 flo?.. 1 P 102 ,,A W Lori Payne City Secretary 1 REGULAR CITY COUNCIL MEETING MINUTES, APRIL 6, 2010 Page 11 of 11 eocet vPcQ / e~ 6, 24 r! 3'.-y C~zc~lu 1, TERRA. SHADY OAKS, L.P. April 6, 2010 Mayor, City of Southlake Members, Southlake City Council Re: Terra Shady Oaks, LP current zoning request Dear Mayor Terrell and Members of the Southlake City Council: During the process of our current zoning request, some of the neighbors in adjoining neighborhoods have expressed concern that, upon approval,of said zoning request, we would in the future ask for additional zoning changes for the remaining undeveloped property. Please let this letter represent that upon approval of our current zoning, Terra Shady Oaks, LP will not request any additional zoning changes in the future on the remaining undeveloped property. , Sincerely, ePaul i President Terra/Shady Oaks, L.P. 395 W. Northwest Parkway, Suite 300 * Southlake, Texas 76092 * Ph 817-410-9201 * Fax 817-410-9205 Pr&~;e~t--eck 4 Ct~Y Cou'qC'c' ( 0'+ 2d o w ee-h i~ Issues to be considered in the Creekside Lift station: The opposition is not against sewer service • Our survey would be... How many residents would support sewer service if it required a lift station in front of their house • Our position... we are not against the sewer. We just think a lift station adjacent to a property lowers property value - via the odor, the noise, and the constant service traffic - more than sewer access enhances value. Is this concern unjustified, or unprecedented? • Are the lift station adjacent owners unjustly exercised? • The City of Southlake, in a contest with Wal-Mart over soda machine placement, lost the Wal- Mart store and about $2.4 million in city tax revenue to Grapevine. • How much more odious is a sewer lift station than a soda machine? Is the city fully prepared for a good outcome to this project? • The city has not followed development notification protocol they require of private developers - is this a double standard? • The city says a deep, direct drill gravity fall line is unworkable because: on a previous job, inadequate city oversight resulted in a faulty line that required excavation for repair. The city insists that a traditional gravity-feed line is undesirable, yet it features these benefits: 1. Requires no electric power to operate. 2. Emits no odor. 3. Creates no noise or vibration. 4. Is completely invisible to neighbors and residents. 5. Does not require a daily technician visit, unlike the proposed lift station. 6. Being completely underground, is not subject to any flooding or overflow issues. • When the electric power fails, there is no need to bring out a truck mounted generator to keep the sewage flowing. The city's proposal needs to resite the lift station to Torian Lane or apply another solution not a hazard to adjacent property values.