2010-09-07 O FFICIAL RECORD
0 CITY OF
SOUTH LAKE
TEXAS
REGULAR CITY COUNCIL MEETING MINUTES: SEPTEMBER 7, 2010
LOCATION: 1400 Main Street, Southlake, Texas 76092
City Council Chambers
CITY COUNCIL PRESENT: Mayor John Terrell, Mayor Pro Tem Laura K. Hill, Deputy
Mayor Pro Tem Brandon Bledsoe, and Councilmembers Carolyn Morris, Pamela A.
Muller, Jeff Wang and Al Zito.
CITY COUNCIL ABSENT: None.
STAFF PRESENT: City Manager Shana Yelverton, Assistant City Manager / Director of
Public Safety Jim Blagg, Assistant City Manager Ben Thatcher, Assistant to the City
Manager Alison Ortowski, Community Relations Officer Pilar Schank, Director of
Community Services Chris Tribble, Deputy Director of Community Services Kerry
McGeath, Director of Economic Development Greg Last, Director of Finance Sharen
Jackson, Director of Human Resources Stacey Black, Director of Information
Technology Dale Dean, Director of Planning and Development Services Ken Baker,
Planner I Daniel Cortez, Chief of Fire Services Mike Starr, Emergency Management
Coordinator Colleen Crocker, Chief of Police Services Robert Finn, Lieutenant Michael
Bedrich, Director of Public Works Robert Price, Operations Manager Chuck Kendrick,
Civil Engineer Steve Anderson, 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 5:34 p.m.
Agenda Item No. 2. Invocation. Scott Berry gave the invocation. Mayor Terrell led the
pledge of allegiance.
Agenda Item No. 3. Review and discuss reduction of neighborhood speed limits to 25
miles per hour adopted policy. Director Price presented this item and answered
Council's questions. Chief Finn also answered Council's questions. Council discussed
this item.
Agenda Item No. 4. Parks and Recreation Board Report. Parks Board member Kevin
Smith announced upcoming meetings and events.
REGULAR CITY COUNCIL MEETING MINUTES, SEPTEMBER 7, 2010
Page 1 of 10
Agenda Item No. 5. Discuss all items on tonight's meeting agenda. No action was taken
during the Work Session and each item was considered during the Regular Session.
Council reviewed the items on the Consent Agenda. Item 4B was removed from the
consent agenda.
REGULAR SESSION:
Agenda Item No. 1. Call to order. The Regular Session of the City Council was called to
order by Mayor Terrell at 6:30 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 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 6:30 p.m. Executive Session began at 6:43 p.m. and
ended at 7:38 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 No. 3A2. Proclamation for Polycystic Kidney Disease (PKD) Awareness
Month. Mayor Terrell read the proclamation for Polycystic Kidney Disease Awareness
Month and presented it to Bruce MacMillan and his daughter, Lauren. Councilmember
Morris discussed PKD and announced the PKD Walk would be in Town Square on
September 25, 2010.
Agenda Item No. 3A3. Proclamation for National Preparedness Month. Emergency
Management Coordinator Crocker presented information on the Southlake Safety Fair
to be held on September 25, 2010 at the DPS Headquarters. Mayor Terrell read the
proclamation and presented it to Chief Finn, Chief Starr and Emergency Management
Coordinator Crocker.
Agenda Item No. 3A4. Southlake Arts Council Report. A written report was provided to
Council in their packet.
Agenda Item No. 3B. City Manager's Report. A report was not given.
CONSENT AGENDA: Consent Agenda items are considered to be routine by the City
Council and are enacted with one motion. The Mayor read the Consent Agenda items.
REGULAR CITY COUNCIL MEETING MINUTES, SEPTEMBER 7, 2010
Page 2 of 10
Agenda Item No. 4A. Approve the minutes from the August 17, 2010 regular City
Council meeting and the August 24, 2010 City Council work session. The minutes were
approved as presented.
Agenda Item No. 4B was removed from consent and heard immediately following the
public forum.
Agenda Item No. 4C. Approve Change Order No. 2 with Quality Excavation for the
Quail Creek Neighborhood Sewer in the amount of $60,977.50. A presentation was not
made on this item.
Agenda Item No. 4D. Resolution No. 10 -050, Call a special Local Option Election for
May 14, 2011 for the legal sale of all alcoholic beverages, including mixed beverages.
City Attorney Sralla and City Manager Yelverton answered questions about this item
during the Work Session. As required by Section 501.033 of the Texas Election Code, a
copy of the petition that was presented to the City of Southlake on July 30, 2010 will be
attached to these minutes. 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 CALLING FOR A SPECIAL
LOCAL OPTION ELECTION PURSUANT TO THE TEXAS ELECTION CODE TO BE
HELD ON MAY 14, 2011; DESIGNATING A POLLING PLACE; ESTABLISHING
PROCEDURES FOR EARLY VOTING; AUTHORIZING THE CITY SECRETARY TO
MAKE SUBMISSIONS TO THE UNITED STATES JUSTICE DEPARTMENT FOR PRE-
CLEARANCE APPROVAL; ESTABLISHING OTHER PROCEDURES FOR
CONDUCTING THE ELECTION; AND PROVIDING AN EFFECTIVE DATE.
Agenda Item No. 8A. Resolution No. 10 -049, Appoint members to the Crime Control
and Prevention District Board of Directors. Council appointed Bob Mundlin, Craig
Sturtevant, and William McGuire to the Crime Control and Prevention District Board of
Directors with terms to expire September 2012. 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 PERSONS TO SERVE AS THE BOARD OF DIRECTORS FOR THE
SOUTHLAKE CRIME CONTROL AND PREVENTION DISTRICT; AND PROVIDING
AN EFFECTIVE DATE.
Motion was made to approve consent agenda items 4A; 4C; 4D; and 8A to appoint Bob
Mundlin, Craig Sturtevant, and William McGuire to the Crime Control and Prevention
District Board of Directors with terms to expire September 2012.
Motion: Hill
Second: Bledsoe
Ayes: Bledsoe, Hill, Morris, Muller, Terrell, Wang, Zito
Nays: None
Approved: 7 -0
REGULAR CITY COUNCIL MEETING MINUTES, SEPTEMBER 7, 2010
Page 3 of 10
REGULAR AGENDA:
Agenda Item No. 5. Public Forum. Mayor Terrell opened the public forum. No one
spoke. Mayor Terrell closed the public forum.
Agenda Item No. 4B. Approve SV10 -018, Variance to the Sign Ordinance No. 704 -D
for Kaleidoscope of Homes in the Shady Oaks subdivision located at 820 Shady Oaks
Drive. Director Baker presented this item to Council. Applicant Kosse Maykus, 608
Chapel Court, Southlake, Texas answered Council's questions. Council discussed this
item.
Motion was made to approve SV10 -018, Variance to the Sign Ordinance No. 704 -D for
Kaleidoscope of Homes in the Shady Oaks subdivision located at 820 Shady Oaks
Drive granting the requested variances and requiring the applicant to place all signage
outside of the right -of -way or on private property.
Motion: Hill
Second: Morris
Ayes: Bledsoe, Hill, Morris, Muller, Terrell, Wang, Zito
Nays: None
Approved: 7 -0
Agenda Item No. 6A. Ordinance No. 480 -598 (ZA10 -039), 2nd Reading, Zoning Change
and Concept Plan for Southlake Montessori on property being legally described as Lot
4, Block 1, Pecan Creek Addition and being located at 731 Zena Rucker Road. Current
Zoning: 0-1 Office Zoning District. Requested Zoning: S -P -2 Generalized Site Plan
Zoning District. SPIN Neighborhood #9. Planner Cortez presented this item to Council.
Applicant Skip Blake made a presentation and answered Council's questions.
After further discussion with City Council, Mr. Blake requested to table this item to the
next meeting.
Motion was made to table Ordinance No. 480 -598 (ZA10 -039), 2 Reading, Zoning
Change and Concept Plan for Southlake Montessori and to continue the public hearing
to the September 21, 2010 City Council meeting.
Motion: Hill
Second: Bledsoe
Ayes: Bledsoe, Hill, Morris, Muller, Terrell, Wang, Zito
Nays: None
Approved: 7 -0
Agenda Item No. 6B. Ordinance No. 480 -533a (ZA10 -042), 2 Reading, Zoning
Change and Site Plan for School of Rock on property being described as Lot 14, J.G.
Allen No. 18 Addition and being located at 3220 West Southlake Boulevard. Current
Zoning: S -P -1 Detailed Site Plan District. Requested Zoning: S -P -1 Detailed Site Plan
District. SPIN Neighborhood #11. Director Baker presented this item and answered
REGULAR CITY COUNCIL MEETING MINUTES, SEPTEMBER 7, 2010
Page 4 of 10
Council's questions. Applicant Dean Tarpley, 6921 Delrose Drive, Dallas, Texas and
property owner Taran Nandha, 1100 Taylor Street, Southlake, Texas 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 LEGALLY DESCRIBED AS LOT
14, J.G. ALLEN NO. 18 ADDITION, AN ADDITION TO THE CITY OF SOUTHLAKE,
TARRANT COUNTY, TEXAS, ACCORDING TO THE PLAT RECORDED IN CABINET
A, SLIDE 12278, PLAT RECORDS, TARRANT COUNTY, TEXAS, BEING
APPROXIMATELY 0.85 ACRES, AND MORE FULLY AND COMPLETELY
DESCRIBED IN EXHIBIT "A" FROM "S -P -1" DETAILED SITE PLAN DISTRICT WITH
"0-1" OFFICE DISTRICT USES TO "S -P -1" DETAILED SITE PLAN DISTRICT WITH
"0-1" OFFICE DISTRICT USES TO INCLUDE STUDIOS FOR THE PRACTICE,
EDUCATION OR TRAINING IN ACADEMICS, DANCE AND /OR MUSIC AND
EXERCISE AS PERMITTED 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.
Council discussed this agenda item.
No one spoke during the public hearing.
Motion was made to approve Ordinance No. 480 -533a (ZA10 -042), 2nd Reading, Zoning
Change and Site Plan for School of Rock requiring the applicant to complete all
landscaping within six months and further stating that the certificate of occupancy will be
issued on a temporary basis until the landscaping is completed; requiring the applicant
to remove the top portion of the monument sign immediately; requiring that within six
months, the applicant will either bring in a whole new plan for the monument sign that is
in compliance with our Sign Ordinance or will completely remove it; stating that the
applicant will not impede any access to the west pursuant to the cross access easement
that exists on the property; requiring applicant to work with city staff to find a suitable
substitute for the Mexican Feather Grass indicated in the landscaping plan with other
suitable materials; and subject to Site Plan Review Summary No. 3, dated August 31,
2010.
Motion: Bledsoe
REGULAR CITY COUNCIL MEETING MINUTES, SEPTEMBER 7, 2010
Page 5 of 10
Second: Zito
Ayes: Bledsoe, Morris, Terrell, Wang, Zito
Nays: Hill, Muller
Approved: 5 -2
Mayor Terrell called for a break at 9:50 p.m. and reconvened the meeting at 10:07 p.m.
Agenda Item No. 6C. Ordinance No. 979, 2nd Reading, Southlake 2030 West Sector
Land Use Plan. Mayor Terrell introduced this item. Staff did not make a presentation.
In accordance with Section 4.21 of the City Charter, the caption for this item is listed as
follows:
AN ORDINANCE ADOPTING THE WEST SECTOR PLAN AS AN ELEMENT OF THE
SOUTHLAKE 2030 PLAN, THE CITY'S COMPREHENSIVE PLAN UPDATE.
No one spoke during the public hearing.
Motion was made to approve Ordinance No. 979, 2nd Reading, Southlake 2030 West
Sector Land Use Plan.
Motion: Hill
Second: Bledsoe
Ayes: Bledsoe, Hill, Morris, Muller, Terrell, Wang, Zito
Nays: None
Approved: 7 -0
Agenda Item No. 6D. Ordinance No. 981, 1 Reading, Approve and adopt the Annual
Budget for the Fiscal Year 2011 and approve the revised budget figures for the Fiscal
Year 2010 and Multi -year Capital Improvements Plan. Director Jackson presented this
item simultaneously with Item 6E and answered Council's questions. Council discussed
this item.
No one spoke during the public hearing.
Motion was made to approve Ordinance No. 981, 1 Reading, Approve and adopt the
Annual Budget for the Fiscal Year 2011 and approve the revised budget figures for the
Fiscal Year 2010 and Multi -year Capital Improvements Plan.
Motion: Hill
Second: Bledsoe
Ayes: Bledsoe, Hill, Morris, Muller, Terrell, Wang, Zito
Nays: None
Approved: 7 -0
Agenda Item No. 6E. Ordinance No. 982, 1 Reading, Tax Levy Ordinance. Director
Jackson presented this item simultaneously with Item 6D and answered Council's
questions.
REGULAR CITY COUNCIL MEETING MINUTES, SEPTEMBER 7, 2010
Page 6 of 10
No one spoke during the public hearing.
Motion was made to approve Ordinance No. 982, 1 Reading, Tax Levy Ordinance.
Motion: Hill
Second: Bledsoe
Ayes: Bledsoe, Hill, Morris, Muller, Terrell, Wang, Zito
Nays: None
Approved: 7 -0
Agenda Item No. 6F. Adopt the FY 2011 Crime Control and Prevention District
Operating Budget and Multi -year Capital Improvements Plan. Mayor Terrell introduced
this item.
Motion was made to approve the FY 2011 Crime Control and Prevention District
Operating Budget and Multi -year Capital Improvements Plan.
Motion: Hill
Second: Bledsoe
Ayes: Bledsoe, Hill, Morris, Muller, Terrell, Wang, Zito
Nays: None
Approved: 7 -0
Agenda Item No. 7A. Ordinance No. 480 -534a (ZA10 -048), 1 Reading, Zoning Change
and Development Plan for Winfield Estates on property being described as Tract 1, 1C
and 1C01, Absolom H. Chivers Survey, Abstract No. 299, and being located at 2210
North Carroll Avenue and 1155 and 1107 East Dove Road. Current Zoning: R -PUD
Residential Planned Unit Development District. Requested Zoning: R -PUD Residential
Planned Unit Development District. SPIN Neighborhood #3. Planner Cortez presented
this item to Council. Applicant Greg Powell of Toll Brothers answered Council's
questions. Council discussed this item.
Mayor Terrell allowed the public to speak.
David Barnes, 2110 North Carroll Avenue, Southlake, Texas spoke to the Council
regarding fencing and drainage.
Director Price answered Council's questions.
Motion was made to approve Ordinance No. 480 -534a (ZA10 -048), 1 Reading, Zoning
Change and Development Plan for Winfield Estates granting the applicant's request to
change the fencing requirement along the entire southern boundary of the development
to wrought iron rather than wood; granting the applicant's request to allow a 2:1 split
garage option as presented this evening; requiring that none of the approved wrought
iron fencing will be allowed to have any other material added to it and noting the
applicant's willingness to have this requirement be a part of the HOA covenants;
requiring that on second reading, the applicant will present an additional landscaping
buffer to the common area outside Lots 9 and 10 to shield the two car garages from
REGULAR CITY COUNCIL MEETING MINUTES, SEPTEMBER 7, 2010
Page 7 of 10
Dove Road; accepting applicant's commitment to use the same facade on the garage
doors as in Estes Park; subject to Staff Report dated August 13, 2010; and subject to
Development Plan Review Summary No. 1, dated August 12, 2010.
Motion: Hill
Second: Morris
Ayes: Bledsoe, Hill, Morris, Terrell, Wang, Zito
Nays: Muller
Approved: 6 -1
Agenda Item No. 7B. Ordinance No. 480 -597 (advertised as Ordinance No. 480 -598)
(ZA10 -049), 1 Reading, Zoning Change and Site Plan for Doctor Gist Office on
property being described as Lot 1A, Block 1, Emerald Estates South and being located
at 2379 North Carroll Avenue. Current Zoning: 0-1 Office Zoning District. Requested
Zoning: S -P -1 Detailed Site Plan Zoning District. SPIN Neighborhood #2. Planner
Cortez presented this item to Council. Applicant's representative Skip Blake and
property owner Dr. Greg Gist answered Council's questions. Council discussed this
request.
Motion was made to approve Ordinance No. 480 -597 (advertised as Ordinance No.
480 -598) (ZA10 -049), 1 Reading, Zoning Change and Site Plan for Doctor Gist Office
noting the dumpster enclosure will be matching masonry and stone; noting that the
applicant has been asked to bring back a different location for the dumpster in order to
be off of the main road; granting the driveway variances; requiring the applicant to
further evaluate the landscaping; and subject to Site Plan Review Summary No. 1,
dated August 12, 2010.
Motion: Hill
Second: Bledsoe
Ayes: Bledsoe, Hill, Morris, Muller, Terrell, Wang, Zito
Nays: None
Approved: 7 -0
Agenda Item No. 7C. Ordinance No. 704E, 1 Reading, Amend Ordinance No. 704, the
City of Southlake Comprehensive Sign Ordinance, for the purpose of regulating
readerboards within the limits of the City of Southlake. Director Baker presented this
item to Council. Council discussed this request.
Motion was made to approve Ordinance No. 704E, 1 Reading, Amend Ordinance No.
704, the City of Southlake Comprehensive Sign Ordinance, for the purpose of regulating
readerboards within the limits of the City of Southlake.
Motion: Hill
Second: Muller
Ayes: Bledsoe, Hill, Morris, Muller, Terrell, Wang, Zito
Nays: None
Approved: 7 -0
REGULAR CITY COUNCIL MEETING MINUTES, SEPTEMBER 7, 2010
Page 8 of 10
Agenda Item No. 9A. Approve a commercial developer's agreement for the Goddard
School located at 435 West Southlake Boulevard with Southlake Noble LLC. Director
Price presented this item to Council. Applicant Kosse Maykus answered Council's
questions. Mr. Maykus requested to table this item to the next meeting.
Motion was made to table the commercial developer's agreement for the Goddard
School located at 435 West Southlake Boulevard with Southlake Noble LLC to the
September 21, 2010 City Council meeting.
Motion: Hill
Second: Muller
Ayes: Bledsoe, Hill, Morris, Muller, Terrell, Wang, Zito
Nays: None
Approved: 7 -0
Agenda Item No. 9B. Consider SV10 -017, Amend the Bicentennial Retail Plaza
Conditional Sign Permit for Aleda's Pizza located at 410 West Southlake Boulevard,
Suite 110. Director Baker presented this item and answered Council's questions.
Applicants Mike Collins and Steve Barry answered Council's questions.
Motion was made to approve SV10 -017, Amend the Bicentennial Retail Plaza
Conditional Sign Permit for Aleda's Pizza located at 410 West Southlake Boulevard,
Suite 110 noting applicant's willingness to change the letters to be matching white
italicized font with red trim and removing the beer mug and replacing it with an "i" in
"Pizza."
Motion: Hill
Second: Bledsoe
Ayes: Bledsoe, Hill, Morris, Muller, Terrell, Wang, Zito
Nays: None
Approved: 7 -0
Agenda Item No. 9C. Approve recommendation of artists to design art for roundabouts
and authorize staff to negotiate contracts and final concepts with selected artists.
Assistant City Manager / Director Blagg presented this item to Council. Terri Messing
answered Council's questions. Council discussed this item but took no action.
Agenda Item No. 9D. Approve Change Order No. 6 for the Neighborhood Improvement
Project of Heatherwood Estates, Royal Oaks Addition, and Twin Creeks Addition for
additional paving improvements with North Texas Contracting, Inc. in the amount of
$75,327. Director Price presented this item to Council.
Motion was made to approve Change Order No. 6 for the Neighborhood Improvement
Project of Heatherwood Estates, Royal Oaks Addition, and Twin Creeks Addition for
additional paving improvements with North Texas Contracting, Inc. in the amount of
$75,327.
Motion: Hill
Second: Muller
REGULAR CITY COUNCIL MEETING MINUTES, SEPTEMBER 7, 2010
Page 9 of 10
Ayes: Bledsoe, Hill, Morris, Muller, Terrell, Wang, Zito
Nays: None
Approved: 7 -0
Agenda Item No. 10A. Discuss City Council meeting management. Mayor Terrell
introduced this item. Councilmember Wang made some comments and then Council
further discussed it.
Agenda Item No. 10B. Discuss recommended Sign Ordinance revisions (logos). This
item was not discussed.
Agenda Item No. 11. Meeting adjourned. Mayor Terrell adjourned the meeting at 1:06
a.m.
*An audio recording of this meeting will be permanently retained in the City Secretary's
Office. /11 a
...
John errell
Mayor
ATTEST:
- p „,,, ! , 22,0* 4 4. 1, < „ : \ .:,
Au
.- 3: J
® y
o ®
Lori Payne r.
City Secretary � .. z4'
%.,,,,,, , � "a
` i i
rd A 8�
REGULAR CITY COUNCIL MEETING MINUTES, SEPTEMBER 7, 2010
Page 10 of 10