2010-11-16 CITY O F OFFICIAL RECORD
SOUTHLAKE
TEXAS
REGULAR CITY COUNCIL MEETING MINUTES: NOVEMBER 16, 2010
LOCATION: 1400 Main Street, Southlake, Texas 76092
City Council Chambers
CITY COUNCIL PRESENT: Mayor Pro Tem Laura K. Hill, Deputy Mayor Pro Tem
Brandon Bledsoe, and Councilmembers Carolyn Morris, Pamela A. Muller, and Al Zito.
CITY COUNCIL ABSENT: Mayor John Terrell and Councilmember Jeff Wang.
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, 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 Information Technology Dale
Dean, Director of Planning and Development Services Ken Baker, Planner I Daniel
Cortez, Chief of Fire Services Mike Starr, Chief of Police Services Robert Finn, Director
of Public Works Robert Price, Deputy Director of Public Works Gordon Mayer, 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 Pro
Tem Hill at 5:31 p.m.
Agenda Item No. 2. Invocation. Eric Hulet from Grace Community Church gave the
invocation. Mayor Pro Tem Hill led the pledge of allegiance.
Agenda Item No. 3. Discuss F.M. 1938 Urban Design Concept. Director Baker, Director
Price and Director Tribble made the staff presentations and answered Council's
questions. Mike Brown and Sherry Branson with TranSystems, consultants for the
project, and Susie Thompson with Thompson Landscape Architects made presentations
and answered Council's questions. City Manager Yelverton also answered Council's
questions.
Agenda Item No. 4. Present information on the "Deck the Windows" program.
Marketing and Tourism Coordinator Lind presented this item and answered Council's
questions.
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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.
REGULAR SESSION:
Agenda Item No. 1. Call to order. The Regular Session of the City Council was called to
order by Mayor Pro Tem Hill at 6:20 p.m.
Agenda Item No. 2A. Executive Session. Mayor Pro Tem Hill announced City Council
would be going into Executive Session pursuant to the Texas Government Code,
Section 551.071, consultation with the city attorney; Section 551.072, deliberation
regarding real property; Section 551.074, deliberation regarding personnel matters and
Section 551.087, deliberation regarding economic development negotiations. City
Council adjourned for Executive Session at 6:20 p.m. Executive Session began at 6:33
p.m. and ended at 7:15 p.m.
Agenda Item No. 2B. Reconvene. Mayor Pro Tem Hill reconvened the regular meeting
at 7:22 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 Pro Tem Hill announced upcoming meetings and events. Councilmember Morris
discussed the community tree, gingerbread houses and Trish Biddle ornaments.
Agenda Item No. 3B. City Manager's Report. City Manager Yelverton introduced the
next two reports.
Agenda Item No. 3B1. MySouthlakeNews.com update. Community Relations Officer
Schank demonstrated the new website.
Agenda Item No. 3B2. Home for the Holidays update. Director Tribble presented this
item to Council.
CONSENT AGENDA: Consent Agenda items are considered to be routine by the City
Council and are enacted with one motion. Mayor Pro Tem Hill read the Consent Agenda
items into the record.
Agenda Item No. 4A. Approve the minutes from the November 2, 2010 joint work
session with the City Council, Southlake Parks Development Corporation, and Parks
and Recreation Board and from the November 2, 2010 regular City Council meeting.
The minutes were approved as presented.
Agenda Item No. 4B. Approve Master Utility Adjustment Agreement with Texas
Department of Transportation and North Gate Constructors for relocation of City utilities
adjacent to the DFW Connector Project. A presentation was not made on this item.
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Agenda Item No. 4C. Approve CISD Joint Utilization agreement for emergency fuel and
bus usage. A presentation was not made on this item.
Agenda Item No. 4D. Approve Chanqe Order No. 3 with Barson Utilities for the water
and sanitary sewer relocations on F.M. 1709 for the median and deceleration lane
project in the amount of $40,177.80. A presentation was not made on this item.
Agenda Item No. 4E. Ordinance No. 480 -BBBB, 1 Reading, An amendment to the
Comprehensive Zoning Ordinance No. 480, as amended, as it pertains to termination or
amortization of non - conforming uses. A presentation was not made on this item.
Agenda Item No. 4F. MSP10 -006, Master Sign Plan for Bicentennial Park located at
450 West Southlake Boulevard. A presentation was not made on this item.
Agenda Item No. 4G. SV10 -024, Variance to the Southlake Corners Conditional Sign
Permit for McAlister's Deli located at 100 North Kimball Avenue, Suite 110. A
presentation was not made on this item.
Agenda Item No. 4H. Ordinance No. 992, 1 Reading, Adopt an ordinance to dedicate
street right -of -way from City -owned property at 1371 East Highland Avenue for the
purpose of constructing Kirkwood Boulevard and declare the remainder of the property
to be surplus. A presentation was not made on this item.
Agenda Item No. 41. ZA10 -046, Revised Concept Plan for Kimball Circle Estates on
property being described as Tracts 6G, 6H and 6K, John A. Freeman Survey, Abstract
No. 529, and being located at 703, 722, 730 and 750 South Kimball Avenue. Current
Zoning: SF -20A Single Family Residential District. SPIN Neighborhood #8. This item
and the public hearing were tabled to the December 7, 2010 City Council meeting.
Agenda Item No. 4J. Ordinance No. 480 -549B (ZA10 -054), 2nd Reading, Zoning
Change and Site Plan for Tower Plaza on property being described as Tract 3B, 3B01
and a portion of Tract 3D01, Obediah W. Knight Survey, Abstract No. 899, and beinq
located at 821, 829 and 835 East Southlake Boulevard. Current Zoning: S -P -1 Detailed
Site Plan District. Requested Zoning: S -P -1 Detailed Site Plan District. SPIN
Neighborhood #9. This item and the public hearing were tabled to the December 7,
2010 City Council meeting.
Agenda Item No. 4K. 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
District. SPIN Neighborhood #9. This item and the public hearing were tabled to the
December 7, 2010 City Council meeting.
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Agenda Item No. 4L. Resolution No. 10 -057 (GAS10 -004), Specific Use Permit for Gas
and Oil Well Drilling and Production on property being located at 651 and 655 East
Highland Street on property being described as a portion of Lots 1R1 & 2, Block A,
Milner Addition. Current Zoning: AG Agricultural District. SPIN Neighborhood #7. This
item was administratively tabled and the public hearing was continued to the December
7, 2010 City Council meeting.
Agenda Item No. 4M. GAS -10 -005, Consider Requested Variances to Ordinance No.
880 -A, Gas and Oil Well Permit Drilling and Production Ordinance for gas well permit(s)
associated with Gas and Oil Well Drilling and Production on property being located at
651 and 655 East Highland Street on property being described as a portion of Lots 1R1
& 2, Block A, Milner Addition. Current Zoning: AG Agricultural District. SPIN
Neighborhood #7. This item was administratively tabled pending City Council action on
the related Specific Use Permit (Resolution No. 10 -057 — GAS 10 -004) and a public
hearing and action date will be set at the time the related Specific Use Permit item is
considered by City Council.
Agenda Item No. 4N. GAS -10 -006, Consider Requested Variances to Ordinance No.
880 -A, Gas and Oil Well Permit Drilling and Production Ordinance for a pipeline permit
associated with Gas and Oil Well Drilling and Production on property being located at
651 and 655 East Highland Street on property being described as a portion of Lots 1R1
& 2, Block A, Milner Addition. Current Zoning: AG Agricultural District. SPIN
Neighborhood #7. This item was administratively tabled pending City Council action on
the related Specific Use Permit (Resolution No. 10 -057 — GAS 10 -004) and a public
hearing and action date will be set at the time the related Specific Use Permit item is
considered by City Council.
Motion was made to approve the Consent Agenda items 4A; 4B; 4C; 4D; 4E; 4F; 4G;
4H; to table item 41 and to continue the public hearing to the December 7, 2010 City
Council meeting; to table item 4J and to continue the public hearing to the December 7,
2010 City Council meeting; to table item 4K and to continue the public hearing to the
December 7, 2010 City Council meeting; to administratively table item 4L and to
continue the public hearing to the December 7, 2010 City Council meeting; to
administratively table item 4M pending City Council action on the related Specific Use
Permit (Resolution No. 10 -057 — GAS 10 -004) and to continue the public hearing and
action date to be set at the time the related Specific Use Permit item is considered by
City Council; and to administratively table item 4N pending City Council action on the
related Specific Use Permit (Resolution No. 10 -057 — GAS 10 -004) and to continue the
public hearing and action date to be set at the time the related Specific Use Permit item
is considered by City Council.
Motion: Bledsoe
Second: Morris
Ayes: Bledsoe, Hill, Morris, Muller, Zito
Nays: None
Approved: 5 -0
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REGULAR AGENDA:
Agenda Item No. 5. Public Forum. No one spoke during the public forum.
Agenda Item No. 6A. This item was intentionally left blank on the agenda.
Agenda Item No. 6B. Resolution No. 10 -058 (ZA10 -061) Specific Use Permit for a
Mass Gathering for the Green Day Event on property being described as Blocks 7 and
8, Southlake Town Square Addition, and being located at Rustin Park, 1400 Fountain
Place and 1400 East Southlake Boulevard. Current Zoning: DT Downtown District.
SPIN Neighborhood #8. Director Baker presented this item to Council prior to Marketing
and Tourism Coordinator Lind's presentation of item 6C. Applicant Audra Lewondowski,
405 Indian Paintbrush Way, Southlake, Texas made a presentation and answered
Council's questions on items 6B and 6C. In accordance with Section 4.21 of the City
Charter, the caption for this item is listed as follows:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS,
GRANTING A SPECIFIC USE PERMIT FOR A MASS GATHERING EVENT FOR
SOUTHLAKE GREEN DAY EVENT ON MARCH 26, 2011 ON PROPERTY LOCATED
AT 1400 FOUNTAIN PLACE AND 1400 EAST SOUTHLAKE BOULEVARD BEING
LEGALLY DESCRIBED AS BLOCKS 7 AND 8, AND ADJACENT RIGHT -OF -WAY,
SOUTHLAKE TOWN SQUARE, PHASE I, MORE FULLY AND COMPLETELY
DESCRIBED IN EXHIBIT "A ", AND AS DEPICTED ON THE APPROVED SITE PLAN
ATTACHED HERETO AND INCORPORATED HEREIN AS EXHIBIT "B" AND
PROVIDING AN EFFECTIVE DATE.
No one spoke during the public hearing.
Motion was made to approve Resolution No. 10 -058 (ZA10 -061) Specific Use Permit for
a Mass Gathering for the Green Day Event subject to the Staff Report dated October
29, 2010 for a period of three (3) years subject to the scope of the event remaining the
same.
Motion: Bledsoe
Second: Muller
Ayes: Bledsoe, Hill, Morris, Muller, Zito
Nays: None
Approved: 5 -0
Agenda Item No. 6C. Approve a Community Events Participation Agreement with
GreenFellows, Inc. for the 2011 Southlake Green Day event. Marketing and Tourism
Coordinator Lind presented this item to Council following Director Baker's presentation
of item 6B. Applicant Audra Lewondowski, 405 Indian Paintbrush Way, Southlake,
Texas made a presentation and answered Council's questions on both items 6B and
6C.
Motion was made to approve a Community Events Participation Agreement with
GreenFellows, Inc. for the 2011 Southlake Green Day event with the approval based on
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actual costs incurred not to exceed $689.75 which is 50% of estimated costs of
$1,379.50.
Motion: Bledsoe
Second: Muller
Ayes: Bledsoe, Hill, Morris, Muller, Zito
Nays: None
Approved: 5 -0
Agenda Item No. 6D. ZA10 -062, Site Plan for a fence along East Southlake Boulevard
for White's Chapel United Methodist Church on property being described as Lot 1R,
Block 1, White Chapel Methodist Church Addition, and being located at 185 South
White Chapel Boulevard. Current Zoning: CS Community Service District. SPIN
Neighborhood #9. Director Cortez presented this item in conjunction with item 6E and
answered Council's questions. Applicant Terry Wilkinson, 640 West Southlake
Boulevard, Southlake, Texas answered Council's questions.
Council discussed this item.
No one spoke during the public hearing.
Motion was made to approve ZA10 -062, Site Plan for a fence along East Southlake
Boulevard for White's Chapel United Methodist Church so noting the variance related to
the straight line construction of the fence and subject to the Staff Report dated October
29, 2010.
Motion: Bledsoe
Second: Morris
Ayes: Bledsoe, Hill, Morris, Muller, Zito
Nays: None
Approved: 5 -0
Agenda Item No. 6E. MSP10 -005, Master Sign Plan for White's Chapel United
Methodist Church located at 185 South White Chapel Boulevard. Director Cortez
presented this item in conjunction with item 6D and answered Council's questions.
Applicant Terry Wilkinson, 640 West Southlake Boulevard, Southlake, Texas answered
Council's questions.
Motion was made to approve MSP10 -005, Master Sign Plan for White's Chapel United
Methodist Church located at 185 South White Chapel Boulevard noting that the
applicant will bring into compliance the sign known as the marquee sign so noted as
Location `F' in the Staff Report and subject to the Staff Report dated November 10,
2010 and the presentation this evening.
Motion: Bledsoe
Second: Zito
Ayes: Bledsoe, Hill, Morris, Muller, Zito
Nays: None
Approved: 5 -0
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Agenda Item No. 9A. SV10 -025, Variance to Sign Ordinance No. 704, as amended, for
Watermere located at 2807 West Southlake Boulevard. Director Baker presented this
item to Council. Applicant Kevin Taywater, 918 Silver Street Drive, Saginaw, Texas
answered Council's questions.
Motion was made to approve SV10 -025, Variance to Sign Ordinance No. 704, as
amended, for Watermere located at 2807 West Southlake Boulevard noting the
maximum sign height variance of 13 feet and the maximum sign area of 200 square
feet; approving a duration of one year; requiring applicant to paint the sign framing
material to a black, wrought -iron type textured finish; and subject to the Staff Report
dated November 10, 2010.
Motion: Bledsoe
Second: Morris
Ayes: Bledsoe, Hill, Morris, Muller, Zito
Nays: None
Approved: 5 -0
Agenda Item No. 11. Meeting adjourned. Mayor Pro Tem Hill adjourned the meeting at
8:26 p.m.
*An audio recording of this meeting will be permanently retained in the City Secretary's
Office.
Laura . Hill
Mayo Pro Tem
ATTEST:
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Lori Payne ' : s ' s
City Secretary • •?
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