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2010-09-21lug CITY OF S0UTHLA1<,_E TEXAS REGULAR CITY COUNCIL MEETING MINUTES: SEPTEMBER 21, 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 Kari Happold, Deputy Director of Community Services Kerry McGeath, Director of Economic Development Greg Last, Marketing and Tourism Coordinator Jill Lind, Director of Finance Sharen Jackson, Assistant Director of Finance Sean Leonard, 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, Fire Marshal David Barnes, Chief of Police Services Robert Finn, Lieutenant Michael Bedrich, Director of Public Works Robert Price, Deputy Director of Public Works Gordon Mayer, Operations Manager Chuck Kendrick, Civil Engineer Steve Anderson, Civil Engineer Michelle McCullough, Civil Engineer Cheryl Taylor, City Attorney E. Allen Taylor, 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 5:35 p.m. Agenda Item No. 2. Invocation Scott Berry gave the invocation. Mayor Terrell led the pledge of allegiance. Agenda Item No. 3. Southlake Chamber of Commerce announcement for Oktoberfest. Chamber of Commerce Executive Committee member, Pat Staudt, presented information about the Oktoberfest event that will take place on October 1 -3, 2010 in Southlake Town Square. REGULAR CITY COUNCIL MEETING MINUTES, SEPTEMBER 21, 2010 Page 1 of 11 Agenda Item No. 4. 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. REGULAR SESSION Agenda Item No. 1. Call to order. The Regular Session of the City Council was called to order by Mayor Terrell at 5:49 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 551.072, deliberation regarding real property; and Section 551.087, deliberation regarding economic development negotiations. City Council adjourned for Executive Session at 5:49 p.m. Executive Session began at 6:20 p.m. and ended at 6:40 p.m. Agenda Item No. 2B. Reconvene Mayor Terrell reconvened the regular meeting at 7:00 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. Councilmember Morris discussed the upcoming PKD Walk. Councilmember Hill discussed the upcoming SPARK meeting. Agenda Item No. 3A2. Mayor's Report - Senior Advisory Commission Report. A written report was included in Council's packet. Agenda Item No. 3B. City Manager's Report. City Manager Yelverton reviewed the ordinance priority schedule for FY2011. She also announced that the Planning and Development Services Department had recently received two awards, one was the Texas State Chapter Current Planning Award for the Wayfinding Sign System Plan and one was the Certificate of Achievement for Planning Excellence for 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 No. 4A. Approve the minutes from the September 7, 2010 regular City Council meeting and the September 9, 2010 City Council joint work session with the Planning and Zoning Commission. The minutes were approved as presented. Agenda Item No. 4B. Approve a Community Events Participation Agreement with Greater Fort Worth Builders Association and Terra Land / Hat Creek Developments for the Kaleidoscope of Homes event. A presentation was not made on this item. REGULAR CITY COUNCIL MEETING MINUTES, SEPTEMBER 21, 2010 Page 2 of 11 Agenda Item No. 4C. Approve Change Order No. 6 with Quality Excavation for Dove Road intersection and drainage improvements in the amount of $44,752 for sidewalks along North White Chapel Boulevard. A presentation was not made on this item. Agenda Item No. 4D. Approve purchase of right -of -way for Kirkwood Boulevard Improvements from the property at 1371 East Highland Street. Director Price answered Council's questions on this item during the work session. Agenda Item No. 4E. Approve purchase of right -of -way for Kimball Avenue Improvements from the property at 600 North Kimball Avenue. Director Price answered Council's questions on this item during the work session. Agenda Item No. 4F. Resolution No. 10 -051, Annual review of investment policy and investment strategies. 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, REVIEW OF INVESTMENT POLICY AND INVESTMENT STRATEGIES. Agenda Item No. 4G. Resolution No. 10 -052, Amend the Fee Schedule. 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, AMENDING RESOLUTIONS NO. 99 -57; PROVIDING THAT THIS RESOLUTION SHALL BE CUMULATIVE OF ALL PROVISIONS OF RESOLUTION NO. 97 -59; 94 -46 NO. 94 -61 NO. 95 -05 NO. 95 -34 NO. 95 -50 NO. 96 -57 NO. 97 -50 NO. 97 -59 NO. 99 -07; NO. 01 -149; NO. 06 -016; NO. 08 -013 NO. 09 -058 AND PROVIDING AN EFFECTIVE DATE. Agenda Item No. 4H. Ordinance No. 984, 1 St Reading, Approve a negotiated resolution between the Atmos Cities Steering Committee and Atmos Energy. A presentation was not made on this item. Agenda Item No. 41. Plat Extension for ZA08 -053, extending the validity of the Preliminary Plat for Kimball Circle Estates for an additional (1) one year from its date of expiration on October 21, 2010 on property being described as Tracts 6G, 6H and 6K, J.A. Freeman Survey, Abstract No. 529, and being located at 703, 722 and 750 South Kimball Avenue. Current Zoning: SF -20A Single Family Residential District. SPIN Neighborhood #8. A presentation was not made on this item. Agenda Item No. 4J. Variance to the Subdivision Ordinance 483, as amended, extending the validity of the expired plat for case ZA08 -014, Preliminary Plat for Winfield Estates for one (1) year on property being described as Tract 1, 1 C and 1 C01, 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 REGULAR CITY COUNCIL MEETING MINUTES, SEPTEMBER 21, 2010 Page 3of11 Development District. SPIN Neighborhood #3. A presentation was not made on this item. Agenda Item No. 4K. Variance to the Subdivision Ordinance 483, as amended, extending the validity of the expired plat for case ZA08 -033, Final Plat for Winfield Estates for one (1) year on property being described as Tract 1, 1 C and 1 C01, 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. SPIN Neighborhood #3. A presentation was not made on this item. Agenda Item No. 4L. Approve an interlocal agreement for combined public safety dispatch and mail services for the cities of Keller, Southlake, and Colleyville. Chief Finn answered Council's questions on this item during the Work Session. Motion was made to approve Consent Agenda items 4A; 413; 4C; 4D; 4E; 4F; 4G; 4H; 41; 4J; 4K; and 4L. Motion: Hill Second: Bledsoe Ayes: Bledsoe, Hill, Morris, Muller, Terrell, Wang, Zito Nays: None Approved: 7 -0 REGULAR AGENDA: Agenda Item No. 5. Public Forum Mayor Terrell opened the public forum. No one spoke. Mayor Terrell closed the public forum. Mayor Terrell announced that Item No. 9B would be heard next. Aaenda Item No. 9B. Consider SV10 -019. Variance to the Conditional Sian Permit for the Shops of Southlake for Sleea Number by Select Comfort located at 1251 East Southlake Boulevard, Suite 339. Director Baker presented this item and answered Council's questions. Applicant David Palmer, 3102 Maple, Dallas, Texas, made a presentation and answered Council's questions. After discussion, Council agreed to grant a variance for the logo height to 42- inches instead of 50- inches. Motion was made to approve SV10 -019, Variance to the Conditional Sign Permit for the Shops of Southlake for Sleep Number by Select Comfort granting the variance to the letter height but limiting the logo height to 42- inches for the logo on the north elevation. Motion: Hill Second: Bledsoe Ayes: Bledsoe, Hill, Morris, Terrell, Wang, Zito Nays: Muller REGULAR CITY COUNCIL MEETING MINUTES, SEPTEMBER 21, 2010 Page 4of11 Approved: 6 -1 Agenda Item No. 6A. Ordinance No. 981, 2 nd 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. City Manager Yelverton introduced this item in conjunction with item 6B. Assistant City Manager Thatcher presented this item in conjunction with item 6B. In accordance with Section 4.21 of the City Charter, the caption for this item is listed as follows: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS, APPROVING REVISED BUDGET FIGURES FOR FISCAL YEAR 2010; APPROVING AND ADOPTING THE BUDGET FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2010 AND TERMINATING SEPTEMBER 30, 2011 AND MAKING APPROPRIATIONS FOR EACH DEPARTMENT, PROJECT AND ACCOUNT; REPEALING CONFLICTING ORDINANCES; PROVIDING A SAVINGS AND SEVERABILITY CLAUSE; AND DECLARING AN EFFECTIVE DATE. Council discussed this item. Director Jackson answered Council's questions. No one spoke during the public hearing. Motion was made to approve Ordinance No. 981, 2 nd 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. 6B. Ordinance No. 982, 2 nd Reading, Tax Levy Ordinance. City Manager Yelverton introduced this item in conjunction with item 6A. Assistant City Manager Thatcher presented this item in conjunction with item 6A. In accordance with Section 4.21 of the City Charter, the caption for this item is listed as follows: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS, FIXING AND LEVYING MUNICIPAL AD VALOREM TAXES FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2010 AND ENDING SEPTEMBER 30, 2011, AND FOR EACH YEAR THEREAFTER UNTIL OTHERWISE PROVIDED, AT THE RATE OF $0.462 PER ONE HUNDRED DOLLARS ($100.00) ASSESSED VALUE ON ALL TAXABLE PROPERTY WITHIN THE CORPORATE LIMITS OF THE CITY OF SOUTHLAKE, TEXAS, AS OF JANUARY 1, 2010, TO PROVIDE REVENUES FOR THE PAYMENT OF CURRENT EXPENSES AND TO PROVIDE AN INTEREST AND SINKING FUND ON ALL OUTSTANDING DEBTS OF THE CITY; DIRECTING THE REGULAR CITY COUNCIL MEETING MINUTES, SEPTEMBER 21, 2010 Page 5 of 11 ASSESSMENT THEREOF; PROVIDING FOR DUE AND DELINQUENT DATES TOGETHER WITH PENALTIES AND INTEREST THEREON; PROVIDING FOR PLACE OF PAYMENT; PROVIDING FOR APPROVAL OF THE TAX ROLLS PRESENTED TO THE CITY COUNCIL; PROVIDING FOR THE REPEAL OF INCONSISTENT ORDINANCES; PROVIDING FOR A SEVERABILITY CLAUSE; AND DECLARING AN EFFECTIVE DATE. No one spoke during the public hearing. Motion was made to approve Ordinance No. 982, 2 nd Reading, Tax Levy Ordinance. Motion: Hill Second: Bledsoe Ayes: Bledsoe, Hill, Morris, Muller, Terrell, Wang, Zito Nays: None Approved: 7 -0 Aaenda Item No. 6C. Ordinance No. 480 -598 (ZA10 -039). 2 nd Readina. Zonina Chanae 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 Zonina: 0-1 Office Zonina District. Reauested Zonina: S -P -2 Generalized Site Plan Zoning District. SPIN Neighborhood #9. The applicant requested to table this item to the October 5, 2010 City Council meeting. Motion was made to table Ordinance No. 480 -598 (ZA10 -039), 2 nd Reading, Zoning Change and Concept Plan for Southlake Montessori at the applicant's request to the October 5, 2010 City Council meeting. Motion: Hill Second: Morris Ayes: Bledsoe, Hill, Morris, Muller, Terrell, Wang, Zito Nays: None Approved: 7 -0 Aaenda Item No. 6D. Ordinance No. 480 -534a (ZA10 -048). 2 nd Readina. Zonin Change and Development Plan for Winfield Estates on property being described as Tract 1, 1 C and 1 C01, 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 Neiahborhood #3. Planner Cortez presented this item to Council and answered Council's questions. Applicant Greg Powell from Toll Brothers, 2557 Grapevine Parkway, Grapevine, 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 REGULAR CITY COUNCIL MEETING MINUTES, SEPTEMBER 21, 2010 Page 6 of 11 TRACTS 1, 1C, & 1C1, SITUATED IN THE A.H. CHIVERS SURVEY, ABSTRACT NO. 299, BEING APPROXIMATELY 9.14 ACRES, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "R -PUD" RESIDENTIAL PLANNED UNIT DEVELOPMENT TO "R -PUD" RESIDENTIAL PLANNED UNIT DEVELOPMENT DISTRICT WITH "SF -20A" SINGLE FAMILY RESIDENTIAL DISTRICT USES, AS DEPICTED ON THE APPROVED DEVELOPMENT PLAN, INCLUDING "PUD" DEVELOPMENT STANDARDS, 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. Council discussed this item. Mayor Terrell reopened the public hearing. David Barnes, 2110 North Carroll Avenue, Southlake, Texas expressed his desire for wrought iron fencing on the south property line. Mayor Terrell closed the public hearing. Mayor Pro Tem Hill left the meeting for a period of time but returned later in the meeting. Motion was made to approve Ordinance No. 480 -534a (ZA10 -048), 2 nd Reading, Zoning Change and Development Plan for Winfield Estates noting that the garages on Lots 9 and 10 will face to the south; clarifying that the interior fencing will be of a wrought iron material and allowing no wooden inserts to be added to the them; stating that the original landscaping can remain in place so long as the garages on Lots 9 and 10 face to the south; and subject to Development Plan Review Summary No. 1, dated August 12, 2010. Motion: Bledsoe Second: Morris Ayes: Bledsoe, Morris, Muller, Terrell, Wang, Zito Nays: None Approved: 6 -0 REGULAR CITY COUNCIL MEETING MINUTES, SEPTEMBER 21, 2010 Page 7 of 11 Agenda Item No. 6E. Ordinance No. 480 -597 (advertised as Ordinance No. 480 -598) (ZA10 -049), 2 nd 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 and answered Council's questions. Applicants Skip Blake and Dr. Gist answered Council's questions. Director Price answered Council's questions about the monument sign location. 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 1A BLOCK 1, EMERALD ESTATES SOUTH ADDITION, BEING APPROXIMATELY 0.90 ACRES AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "0-1" OFFICE DISTRICT TO "S -P -1" DETAILED SITE PLAN DISTRICT, 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. No one spoke during the public hearing. Motion was made to approve Ordinance No. 480 -597 (advertised as Ordinance No. 480 -598) (ZA10 -049), 2 nd Reading, Zoning Change and Site Plan for Doctor Gist Office granting the variances for driveway stacking depth, driveway curb radius, driveway centerline spacing and driveway to intersection spacing; acknowledging the applicant's removal of the dumpster and stating that the garbage will be stored internally; stating that Yaupon Hollies will be replacing the Bradford Pear trees in the bufferyards; stating that approval of the sign variance will be contingent upon the applicant entering into an encroachment agreement with the City of Southlake; and subject to Site Plan Review Summary No. 1, dated August 12, 2010. Motion: Bledsoe Second: Zito Ayes: Bledsoe, Morris, Muller, Terrell, Wang, Zito Nays: None Approved: 6 -0 REGULAR CITY COUNCIL MEETING MINUTES, SEPTEMBER 21, 2010 Page 8 of 11 Agenda Item No. 6F. Ordinance No. 704E, 2 nd 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 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. 704 -D, 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 AND REGULATIONS FOR READERBOARD SIGNS; 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. 704E, 2 nd 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: Bledsoe Second: Zito Ayes: Bledsoe, Morris, Muller, Terrell, Wang, Zito Nays: None Approved: 6 -0 Aaenda Item No. 6G. Resolution No. 10 -053. (ZA10 -050) Saecific Use Permit for shade structures for Fireplug Inn on property being described as Lot 3R11 R2, Green Meadow Subdivision and beina located at 2251 East Continental Boulevard. Current Zonina: 11 Light Industrial Zoning District. SPIN Neighborhood #8 Planner Cortez presented this item in conjunction with Item 6H and answered Council's questions. Applicant Nancy Wallen, 2251 East Continental Boulevard, 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: REGULAR CITY COUNCIL MEETING MINUTES, SEPTEMBER 21, 2010 Page 9 of 11 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS, GRANTING A SPECIFIC USE PERMIT FOR SHADE STRUCTURES AT A KENNEL ON PROPERTY WITHIN THE CITY OF SOUTHLAKE, TEXAS, LOCATED AT 2251 EAST CONTINENTAL BOULEVARD, BEING LEGALLY DESCRIBED AS LOT 3R11 R2, GREEN MEADOW SUBDIVISION, MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A ", AND AS DEPICTED ON THE APPROVED SITE EXHIBIT ATTACHED HERETO AND INCORPORATED HEREIN AS EXHIBIT "B" AND PROVIDING AN EFFECTIVE DATE. No one spoke during the public hearing. Motion was made to approve Resolution No. 10 -053, (ZA10 -050) Specific Use Permit for shade structures for Fireplug Inn subject to Site Plan Review Summary No. 1, dated September 2, 2010. Motion: Bledsoe Second: Zito Ayes: Bledsoe, Morris, Muller, Terrell, Wang, Zito Nays: None Approved: 6 -0 Agenda Item No. 6H. Approve a drainage easement encroachment and joint use agreement with Journey 5 Ventures, LLC on Lot 3R11 R2, Block 1, Green Meadow Subdivision Planner Cortez presented this item in conjunction with Item 6G and answered Council's questions. Motion was made to approve a drainage easement encroachment and joint use agreement with Journey 5 Ventures, LLC on Lot 3R11 R2, Block 1, Green Meadow Subdivision. Motion: Bledsoe Second: Zito Ayes: Bledsoe, Morris, Muller, Terrell, Wang, Zito Nays: None Approved: 6 -0 Mayor Terrell called for a break at 8:20 p.m. and reconvened the meeting at 8:32 p.m. Mayor Pro Tem Hill returned to the meeting. 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 and answered their questions. Applicant Paul Spain, 2200 Estes Park Drive, Southlake, Texas answered Council's questions. Motion was made to approve a commercial developer's agreement for the Goddard School located at 435 West Southlake Boulevard with Southlake Noble LLC acknowledging instructions to staff that going forward any future discussions regarding REGULAR CITY COUNCIL MEETING MINUTES, SEPTEMBER 21, 2010 Page 10 of 11 park credits, transfers and conveyances need to provide for further clarification and possible changes to our policy. Motion: Bledsoe Second: Zito Ayes: Bledsoe, Morris, Muller, Terrell, Zito Nays: Hill, Wang Approved: 5 -2 Agenda Item No. 9C. Approve the naming of the City park currently referred to as North Park Director Tribble presented this item to Council and answered their questions. Motion was made to formally name the park currently known and referenced as North Park to "North Park" in commemoration of the northern part of our city with the addition of a longhorn artistic display between the words "north" and "park" and to carry forward that theme within the park. Motion: Zito Second: Muller Ayes: Bledsoe, Hill, Morris, Muller, Terrell, Wang, Zito Nays: None Approved: 7 -0 Agenda Item No. 10A. Discuss recommended Sign Ordinance revisions (logos). Councilmember Morris requested for this item to be on the agenda. Council discussed this ordinance change. Councilmembers Morris, Muller, and Zito offered to work with staff on these changes. Agenda Item No. 11. Meeting adjourned Mayor Terrell adjourned the meeting at 9:18 p.m. *An audio recording of this meeting will be permanently retained in the City Secretary's Office. John Terrell Mayor ATTEST: Lori Payne City Secretary REGULAR CITY COUNCIL MEETING MINUTES, SEPTEMBER 21, 2010 Page 11 of 11