Item 4Alug CITY OF
SOUTHLAKE
TEXAS
REGULAR CITY COUNCIL MEETING MINUTES: FEBRUARY 15, 2011
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, Jeff Wang
and Al Zito.
CITY COUNCIL ABSENT Mayor John Terrell.
STAFF PRESENT City Manager Shana Yelverton, 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, Municipal Court Supervisor Leah Huff, Director of Human
Resources Stacey Black, Director of Information Technology Dale Dean, Director of
Planning and Development Services Ken Baker, Chief Building Official Paul Ward,
Planner II Clayton Comstock, Planner I Daniel Cortez, Chief of Fire Services Mike Starr,
Fire Marshal David Barnes, Chief of Police Services Robert Finn, Director of Public
Works Robert Price, Deputy Director of Public Works Gordon Mayer, Operations
Manager Chuck Kendrick, Civil Engineer Steven Anderson, Civil Engineer Cheryl
Taylor, Environmental Coordinator Christi Upton, City Attorney E. Allen Taylor, and City
Secretary Alicia Richardson.
WORK SESSION
1. Call to order
The Work Session was called to order by Mayor Pro Tem Hill at 5:42 p.m.
2. Invocation
Mr. Scott Berry from First Baptist Church of Southlake gave the invocation. Mayor Pro
Tem Hill led the pledge of allegiance.
Deputy Mayor Pro Tem Hill announced that Resolution No. 10 -057 (GAS10 -004) and
related items would be continued to February 22, 2011 for discussion by Council.
Deputy Mayor Pro Tem Hill moved to Item No. 4 - Discussion of Zoning Ordinance
Amendments relating to Personal Care (Assisted Living) Facilities.
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Mr. Clayton Comstock reviewed the proposed amendments. Mr. Comstock answered
Council's questions.
Deputy Mayor Pro Tem Hill moved to Item No. 3.
3. Town Square Development Monument Project
Director of Community Services Chris Tribble presented item to Council. Mr. Tribble
advised Council that Mr. Frank Bliss was available to answer questions. Council
discussed the project and provided comments to staff. Mr. Tribble informed Council that
staff would incorporate their discussion and bring item back for additional discussion
and direction.
4. Discussion of Zoning Ordinance Amendments relating to Personal Care
(Assisted Living) Facilities
Council heard this item earlier in the meeting.
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.
REGULAR SESSION
1. CALL TO ORDER
The Regular Session of the City Council was called to order by Mayor Pro Tem Hill at
6:44 p.m.
2A. EXECUTIVE SESSION
Mayor Pro Tem Hill announced that 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 and Section 551.087,
deliberation regarding economic development negotiations.
City Council adjourned for Executive Session at 6:45 p.m. Executive Session began at
7:02 p.m. and concluded at 8:02 p.m.
2B. RECONVENE
Mayor Pro Tem Hill reconvened the regular meeting at 8:13 p.m. and asked if any
action was necessary from Executive Session.
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No action was taken by Council.
3. REPORTS
Mayor's Report — Update of upcoming meetings and events
Mayor Pro Tem Hill congratulated the Southlake Senior Activity Center on the
dedication of their new bus.
Council member Muller recognized Community Services Director Chris Tribble for the
successful Southlake Tailgate event.
Mayor Pro Tem Hill announced the upcoming meetings and events.
Councilmember Morris announced that the Southlake Historical Society is presenting a
special program on Wednesday, February 16 at 6:30 p.m. Items will be displayed in the
foyer area.
City Manager's Report
No report from the City Manager's Office.
CONSENT AGENDA (Items 4A -T) 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.
4A. APPROVE THE MINUTES FROM THE JANUARY 18, 2011 REGULAR CITY
COUNCIL MEETING, THE JANUARY 25, 2011 SPECIAL CITY COUNCIL
MEETING, THE JANUARY 31, 2011 CITY COUNCIL WINTER RETREAT, AND
THE FEBRUARY 1, 2011 REGULAR CITY COUNCIL MEETING (AND
CONTINUED ON FEBRUARY 2, 2011 AND CONTINUED ON FEBRUARY 4, 2011)
Deputy Mayor Pro Tem Brandon abstained from voting on the January 25, 2011
minutes.
4B. CANCEL OR RESCHEDULE THE MARCH 15, 2011 REGULAR CITY
COUNCIL MEETING TO MARCH 29, 2011
Council rescheduled the March 15, 2011 Council meeting to March 29, 2011.
4C. RESOLUTION NO. 11 -009, CALLA GENERAL ELECTION FOR MAY 14, 2011
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 14, 2011 AND
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ESTABLISHING PROCEDURES FOR THAT ELECTION; AND PROVIDING AN
EFFECTIVE DATE.
4D. APPROVE AN INTERLOCAL AGREEMENT WITH TARRANT COUNTY TO
ASSIST IN THE RECONSTRUCTION OF MORGAN ROAD
4E. RESOLUTION NO. 11 -007, AUTHORIZING AND ENDORSING THE
APPLICATION FOR THE WATERSMART "WATER AND ENERGY
EFFICIENCY GRANT"
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,
AUTHORIZING AND ENDORSING THE APPLICATION FOR THE WATERSMART:
WATER AND ENERGY EFFICIENCY GRANT FOR FY 2011.
4F. THIS ITEM WAS INTENTIONALLY LEFT BLANK
4G. APPROVE THE PURCHASE OF RIGHT OF WAY FOR KIMBALL AVENUE
IMPROVEMENTS FROM THE PROPERTY AT 759 NORTH KIMBALL
AVENUE
4H. APPROVE GUARANTEED MAXIMUM PRICE WITH DEAN ELECTRIC, INC.
DBA DEAN CONSTRUCTION IN THE AMOUNT OF 46,631,811.66 FOR
CONSTRUCTION OF THE NORTH PARK.
41. APPROVE ADDENDUM A TO THE NORTH PARK PROFESSIONAL
SERVICES AGREEMENT WITH SCHRICKEL ROLLINS & ASSOCIATES, INC.
FOR $71,300.
4J. APPROVE ASSIGNMENT OF CONTRACT FROM MESA DESIGN TO STUDIO
OUTSIDE FOR DEVELOPMENT OF THE BOB JONES NATURE CENTER
AND PRESERVE MASTER PLAN.
4K. ZA10 -072, PLAT REVISION FOR LOT 2R, BLOCK 3, WINGATE HILL
ADDITION, BEING A REVISION OF LOT 2, BLOCK 3, WINGATE HILL
ADDITION BEING CURRENTLY ADDRESSED AS 10 WELFORD LANE.
CURRENT ZONING: SF1A SINGLE FAMILY RESIDENTIAL. SPIN
NEIGHBORHOOD #1.
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 AND 2, BLOCK A,
MILNER ADDITION. CURRENT ZONING: AG AGRICULTURAL DISTRICT.
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SPIN NEIGHBORHOOD #7. THIS ITEM AND RELATED PUBLIC HEARING IS
CONTINUED TO FEBRUARY 22, 2011.
4M. GAS10 -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 1 R1 AND 2, BLOCK A, MILNER ADDITION.
CURRENT ZONING: AG AGRICULTURAL DISTRICT. SPIN NEIGHBORHOOD
#7. THIS ITEM IS RELATED TO THE SPECIFIC USE PERMIT (RESOLUTION
NO. 10 -057 - GAS10 -004). THIS ITEM AND RELATED PUBLIC HEARING IS
CONTINUED TO FEBRUARY 22, 2011.
4N. GAS10 -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 1 R1 AND 2, BLOCK A, MILNER ADDITION.
CURRENT ZONING: AG AGRICULTURAL DISTRICT. SPIN NEIGHBORHOOD
#7. THIS ITEM IS RELATED TO THE SPECIFIC USE PERMIT (RESOLUTION
NO. 10 -057 - GAS10 -004). THIS ITEM AND RELATED PUBLIC HEARING IS
CONTINUED TO FEBRUARY 22, 2011.
40. VARIANCE TO NOISE ORDINANCE NO. 778, AS AMENDED, FOR ENERGY
TRANSFER TO INSTALL A PIPELINE FOR THE TRANSPORTATION OF
NATURAL GAS ALONG THE STATE HIGHWAY SH 114 CORRIDOR. THIS
ITEM IS RELATED TO THE SPECIFIC USE PERMIT (RESOLUTION NO. 10-
057 -GAS10 -004). THIS ITEM AND RELATED PUBLIC HEARING IS
CONTINUED TO FEBRUARY 22, 2011.
4P. ORDINANCE NO. 598 -E, 2 ND READING, APPROVING AND ORDINANCE AND
RELATED EXHIBITS, REVISING ASPECTS OF THE SOUTHLAKE PROGRAM
FOR THE INVOLVEMENT OF NEIGHBORHOODS (SPIN) CODE OF
CONDUCT AND REPLACING ORDINANCE NO. 598 -D. THIS ITEM IS
ADMINISTRATIVELY TABLED.
4Q. RESOLUTION 11 -004 (GAS10 -001), SPECIFIC USE PERMIT FOR GAS AND
OIL WELL DRILLING AND PRODUCTION ON PROPERTY BEING
DESCRIBED AS TRACT 1A, H. DECKER SURVEY, ABSTRACT NO. 438 AND
BEING LOCATED AT 1719 EAST CONTINENTAL BOULEVARD. CURRENT
ZONING: AG AGRICULTURAL ZONING DISTRICT -SPIN NEIGHBORHOOD
#8. THE APPLICANT HAS REQUESTED TO TABLE THIS ITEM TO THE
MARCH 1, 2011 CITY COUNCIL MEETING.
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4R. GAS10 -002, 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
1719 EAST CONTINENTAL BOULEVARD ON PROPERTY BEING
DESCRIBED AS A PORTION OF TRACT 1A, H. DECKER SURVEY,
ABSTRACT NO. 438. CURRENT ZONING: AG AGRICULTURAL DISTRICT.
SPIN NEIGHBORHOOD #8. THIS ITEM IS RELATED TO THE SPECIFIC USE
PERMIT (RESOLUTION NO. 11 -004 — GAS10 -001). THE APPLICANT HAS
REQUESTED TO TABLE THIS ITEM TO THE MARCH 1, 2011 CITY COUNCIL
MEETING
4S. GAS10 -003, 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
1719 EAST CONTINENTAL BOULEVARD ON PROPERTY BEING
DESCRIBED AS A PORTION OF TRACT 1A, H. DECKER SURVEY,
ABSTRACT NO. 438. CURRENT ZONING: AG AGRICULTURAL DISTRICT.
SPIN NEIGHBORHOOD #8. THIS ITEM IS RELATED TO THE SPECIFIC USE
PERMIT (RESOLUTION NO. 11 -004 — GAS10 -001). THE APPLICANT HAS
REQUESTED TO TABLE THIS ITEM TO THE MARCH 1, 2011 CITY COUNCIL
MEETING.
4T. VARIANCE TO NOISE ORDINANCE NO. 778, AS AMENDED, FOR ENERGY
TRANSFER TO INSTALL A PIPELINE FOR THE TRANSPORTATION OF
NATURAL GAS; IDENTIFIED AS SEGMENTS 1 AND 2. THE APPLICANT
HAS REQUESTED TO TABLE THIS ITEM TO THE MARCH 1. 2011 CITY
COUNCIL MEETING.
Motion was made to approve the consent agenda as presented. (Deputy Mayor Pro
Tem Bledsoe abstained from voting on the January 25, 2011 minutes).
Motion:
Bledsoe
Second:
Zito
Ayes:
Bledsoe, Hill, Morris, Muller, Wang, Zito
Nays:
None
Approved:
6 -0
REGULAR AGENDA:
5. PUBLIC FORUM
Mayor Pro Tem Hill opened the public forum.
There being no one wishing to speak, Mayor Pro Tem Hill closed the public forum.
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6A. ORDINANCE NO. 480 -601 (ZA10 -060), 2 ND READING, ZONING CHANGE AND
DEVELOPMENT PLAN FOR HIGHLAND PARK ON PROPERTY BEING
DESCRIBED AS TRACT 1 B02, W.W. HALL SURVEY, ABSTRACT NO. 687
AND LOT 1R2, BLOCK 1, SOUTHLAKE ASSEMBLY OF GOD ADDITION AND
BEING LOCATED AT 151 AND 411 EAST HIGHLAND STREET. CURRENT
ZONING: AG AGRICULTURAL ZONING DISTRICT AND CS COMMUNITY
SERVICE ZONING DISTRICT. REQUESTED ZONING: R -PUD RESIDENTIAL
PLANNED UNIT DEVELOPMENT ZONING DISTRICT. SPIN NEIGHBORHOOD
#7.
APPROVED
Director of Planning and Development Services Ken Baker presented item to Council
and was available to answer questions.
Applicant Curtis Young, 1130 North Carroll Avenue, Southlake, Texas answered
questions from Council.
Mayor Pro Tem Hill opened the public hearing.
There being no one wishing to speak, Mayor Pro Tem Hill closed the public hearing.
Motion was made to approve Ordinance No. 480 -601, known as ZA10 -060, zoning
change and development plan for Highland Park; noting applicant's willingness at the
January 25, 2011 meeting to construct a fence around the entire development with the
rear fence post side of the fence to be facing away from both property owners and the
new development lots (double -sided fence); noting the upgraded entry median with
short columns; revised pond rendering presented at this meeting; and pursuant to
development plan review Summary No. 2, dated November 12, 2010.
At the request of Mr. Baker, Mayor Pro Tem Bledsoe clarified the double -sided fence is
only for the southeast corner.
Motion:
Bledsoe
Second:
Muller
Ayes:
Bledsoe, Hill, Morris, Muller, Wang, Zito
Nays:
None
Approved:
6 -0
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 TRACT 11302,
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W.W. HALL SURVEY, ABSTRACT NO. 525 AND LOT 1R2, BLOCK 1, OF THE
SOUTHLAKE ASSEMBLY OF GOD ADDITION, BEING APPROXIMATELY 8.89
ACRES, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM
"AG" AGRICULTURAL ZONING DISTRICT AND "CS" COMMUNITY SERVICE
ZONING DISTRICT TO "R -PUD" RESIDENTIAL PLANNED UNIT DEVELOPMENT
ZONING DISTRICT, AS DEPICTED ON THE APPROVED DEVELOPMENT PLAN,
INCLUDING "R -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.
6B. ZA11 -001, REVISED SITE PLAN FOR TOYS R US / BABIES R US TO
INCLUDE A REQUEST FOR A VARIANCE TO THE MASONRY ORDINANCE
NO. 557 -A, AS AMENDED, ON PROPERTY BEING DESCRIBED AS LOT 2A,
BLOCK 1, FARRAR ADDITION (ALSO KNOWN AS SOUTHLAKE CORNERS)
AND BEING LOCATED AT 250 NORTH KIMBALL AVENUE. CURRENT
ZONING: C -3 GENERAL COMMERCIAL ZONING DISTRICT. SPIN
NEIGHBORHOOD #8.
APPROVED
Mayor Pro Tem Hill advised Council the presentation would include companion item 6C
Planner I Daniel Cortez presented item to Council and was available to answer
questions. Mr. Cortez advised Council they were provided alternate plans prior to the
meeting, which replace the plans provided in their packet last week. Mr. Cortez
reviewed the plan differences with Council.
The following representatives for the applicant were available to answer questions from
Council: Mr. Jason Cassell, 413 Travis, Roanoke, Texas with Southlake Corners
shopping center; Mr. Patrick Moore, 1078 Watson Road, St. Louis, Missouri with Casco
and Mr. J.R. Valentine the construction project manager for Toys R Us.
Mayor Pro Tem Hill opened the public hearing.
There being no one wishing to speak, Mayor Pro Tem Hill closed the public hearing.
Motion was made to approve ZA11 -001 revised site plan for Toys R Us, noting
approval of the masonry variance for Ordinance 557 -A; applicant's willingness to
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address gaps in landscaping to the rear west property line; colors as presented and to
accept the alternate plan as submitted by applicant.
Motion:
Bledsoe
Second:
Zito
Ayes:
Bledsoe, Hill, Morris, Muller, Wang, Zito
Nays:
None
Approved:
6 -0
6C. SV11 -002, VARIANCE TO THE SOUTHLAKE CORNERS CONDITIONAL SIGN
PERMIT FOR TOYS R US / BABIES R US LOCATED AT 250 NORTH
KIMBALL AVENUE
APPROVED
This item was presented and discussed in conjunction with item 6B.
Mayor Pro Tem Hill opened the public hearing.
There being no one wishing to speak, Mayor Pro Tem Hill closed the public hearing.
Motion was made to approve SV11 -002, variance to the Southlake Corners conditional
sign permit approving the variance for the front elevation signage height for the "R" to
72" and the maximum sign width on the front elevation from 56' to 59' pursuant to the
staff report dated February 15, 2011.
Motion:
Bledsoe
Second:
Zito
Ayes:
Bledsoe, Hill, Morris, Muller, Wang, Zito
Nays:
None
Approved:
6 -0
6D. ORDINANCE NO. 986,2 ND READING, ADOPTING THE 2009 EDITION OF THE
INTERNATIONAL RESIDENTIAL CODE FOR ONE- AND TWO- FAMILY
DWELLINGS, REGULATING THE ERECTION, CONSTRUCTION,
ENLARGEMENT, ALTERATION, REPAIR, MOVING, REMOVAL,
DEMOLITION, CONVERSION, OCCUPANCY, EQUIPMENT, USE, HEIGHT,
AREA AND MAINTENANCE OF ALL ONE- AND TWO- FAMILY DWELLINGS
AND MULTIPLE SINGLE - FAMILY DWELLINGS (TOWNHOUSES)
OPPPDX /Fn
Chief Building Official Paul Ward was available to answer questions from Council.
Mayor Pro Tem Hill opened the public hearing for items 6D, 6E, 6F, 6G, 6H, 61, 6J and
6K.
There being no one wishing to speak, Mayor Pro Tem Hill closed the public hearing.
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Page 9 of 19
Councilmember Muller left the dais at 8:43 p.m.
Motion was made to approve Ordinance No. 986, 2 nd reading, adopting the 2009 Edition
of the International Residential Code for one and two - family dwellings.
Motion: Bledsoe
Second:
Morris
Ayes:
Bledsoe, Hill, Morris, Wang, Zito
Nays:
None
Approved:
5 -0
In accordance with Section 4.21 of the City Charter, the caption for this item is listed as
follows:
AN ORDINANCE ADOPTING THE 2009 EDITION OF THE INTERNATIONAL RESIDENTIAL
CODE FOR ONE- AND TWO - FAMILY DWELLINGS, REGULATING THE ERECTION,
CONSTRUCTION, ENLARGEMENT, ALTERATION, REPAIR, MOVING, REMOVAL,
DEMOLITION, CONVERSION, OCCUPANCY, EQUIPMENT, USE, HEIGHT, AREA AND
MAINTENANCE OF ALL ONE- AND TWO- FAMILY DWELLINGS AND MULTIPLE SINGLE -
FAMILY DWELLINGS (TOWNHOUSES) IN THE CITY OF SOUTHLAKE AND PROVIDING
FOR THE ADOPTION OF LOCAL AMENDMENTS THERETO; PROVIDING FOR RECORDING
OF SUCH CODE AS A PUBLIC RECORD 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.
6E. ORDINANCE NO. 987,2 ND READING, ADOPTING THE 2009 EDITION OF THE
INTERNATIONAL BUILDING CODE, REGULATING THE ERECTION,
CONSTRUCTION, ENLARGEMENT, ALTERATION, REPAIR, MOVING,
REMOVAL, DEMOLITION, CONVERSION, OCCUPANCY, EQUIPMENT, USE,
HEIGHT, AREA AND MAINTENANCE OF ALL BUILDINGS OR
STRUCTURES, EXCEPT FOR ONE- AND TWO- FAMILY DWELLINGS AND
MULTIPLE SINGLE - FAMILY DWELLINGS (TOWNHOUSES) AND INCLUDING
THE NATIONAL ELECTRICAL CODE AS REFERENCED HEREIN
APPROVED
Chief Building Official Paul Ward was available to answer questions from Council.
Public hearing conducted with item 6D.
Motion was made to approve Ordinance No. 987, Adopting the 2009 Edition of the
International Building Code, regulating the erection, construction, enlargement,
alteration, repair, moving, removal, demolition, conversion, occupancy, equipment, use,
height, area and maintenance of all buildings or structures, except for one and two-
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Page 10 of 19
family dwellings and multiple single family dwellings (townhouses) and including the
National Electric Code as referenced herein.
Motion:
Bledsoe
Second:
Morris
Ayes:
Bledsoe, Hill, Morris, Wang, Zito
Nays:
None
Approved:
5 -0
In accordance with Section 4.21 of the City Charter, the caption for this item is listed as
follows:
AN ORDINANCE ADOPTING THE 2009 EDITION OF THE INTERNATIONAL BUILDING
CODE, REGULATING THE ERECTION, CONSTRUCTION, ENLARGEMENT, ALTERATION,
REPAIR, MOVING, REMOVAL, DEMOLITION, CONVERSION, OCCUPANCY, EQUIPMENT,
USE, HEIGHT, AREA AND MAINTENANCE OF ALL BUILDINGS OR STRUCTURES, EXCEPT
ONE- AND TWO- FAMILY DWELLINGS AND MULTIPLE SINGLE - FAMILY DWELLINGS
(TOWNHOUSES), AND INCLUDING THE NATIONAL ELECTRICAL CODE AS REFERENCED
HEREIN, IN THE CITY OF SOUTHLAKE; PROVIDING FOR THE ADOPTION OF LOCAL
AMENDMENTS THERETO; PROVIDING FOR RECORDING OF SUCH CODE AS A PUBLIC
RECORD;_ 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.
6F. ORDINANCE NO. 988,2 ND READING, ADOPTING THE 2009 EDITION OF THE
INTERNATIONAL ENERGY CONSERVATION CODE, REGULATING THE
DESIGN OF BUILDING ENVELOPES FOR ADEQUATE THERMAL
RESISTANCE AND LOW AIR LEAKAGE AND THE DESIGN AND SELECTION
OF MECHANICAL, ELECTRICAL, SERVICE WATER- HEATING AND
ILLUMINATION SYSTEMS AND EQUIPMENT
APPROVED
Chief Building Official Paul Ward was available to answer questions from Council.
Public hearing conducted with item 6D.
Motion was made to approve Ordinance No. 988, adopting the 2009 Edition of the
International Energy Conservation Code, regulating the design of building envelopes for
adequate thermal resistance and low air leakage.
Motion:
Bledsoe
Second:
Morris
Ayes:
Bledsoe, Hill, Morris, Wang, Zito
Nays:
None
Approved:
5 -0
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In accordance with Section 4.21 of the City Charter, the caption for this item is listed as
follows:
AN ORDINANCE ADOPTING THE 2009 EDITION OF THE INTERNATIONAL ENERGY
CONSERVATION CODE, REGULATING THE DESIGN OF BUILDING ENVELOPES FOR
ADEQUATE THERMAL RESISTANCE AND LOW AIR LEAKAGE AND THE DESIGN AND
SELECTION OF MECHANICAL, ELECTRICAL, SERVICE WATER- HEATING AND
ILLUMINATION SYSTEMS AND EQUIPMENT IN THE CITY OF SOUTHLAKE; PROVIDING
FOR THE ADOPTION OF LOCAL AMENDMENTS THERETO; PROVIDING FOR - RECORDING
OF SUCH CODE AS A PUBLIC RECORD; 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.
6G. ORDINANCE NO. 931A, 2 ND READING, AMENDING CHAPTER 15, ARTICLE
III, "FIRE CODE" OF THE CODE OF ORDINANCES BY ADOPTING THE 2009
EDITION OF THE INTERNATIONAL FIRE CODE, REPEALING ORDINANCE
NO. 931 AND REPEALING ALL ORDINANCES IN CONFLICT HEREWITH
APPROVED
Chief Building Official Paul Ward was available to answer questions from Council
Public hearing conducted with item 6D.
Motion was made to approve Ordinance No. 931A, amending Chapter 15, Article III,
"Fire Code" of the Code of Ordinances by adopting the 2009 Edition of the International
Fire Code, repealing Ordinance No. 931 and repealing all ordinances in conflict
herewith.
Motion:
Bledsoe
Second:
Morris
Ayes:
Bledsoe, Hill, Morris, Wang, Zito
Nays:
None
Approved:
5 -0
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 CHAPTER 15,
ARTICLE III, "FIRE CODE" OF THE CODE OF ORDINANCES OF THE CITY OF SOUTHLAKE,
TEXAS BY ADOPTING THE 2009 EDITION OF THE INTERNATIONAL FIRE CODE;
REPEALING ORDINANCE NUMBER 931 AND REPEALING ALL ORDINANCES IN CONFLICT
HEREWITH; PRESCRIBING REGULATIONS GOVERNING CONDITIONS HAZARDOUS TO
LIFE AND PROPERTY FROM FIRE AND EXPLOSION; PROVIDING FOR THE ADOPTION OF
LOCAL AMENDMENTS THERETO; PROVIDING A PENALTY CLAUSE; PROVIDING A
CUMULATIVE CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS
CLAUSE; PROVIDING FOR PUBLICATION; AND PROVIDING AN EFFECTIVE DATE.
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6H. ORDINANCE NO. 989, 2 ND READING, ADOPTING THE INTERNATIONAL
FUEL GAS CODE, 2009 EDITION, PROVIDING FOR THE ADOPTION OF
LOCAL AMENDMENTS THERETO
APPROVED
Chief Building Official Paul Ward was available to answer questions from Council.
Public hearing conducted with item 6D.
Motion was made to approve Ordinance No. 989, adopting the International Fuel Gas
Code, 2009 Edition, providing for the adoption of local amendments thereto.
Motion:
Bledsoe
Second:
Morris
Ayes:
Bledsoe, Hill, Morris, Wang, Zito
Nays:
None
Approved:
5 -0
In accordance with Section 4.21 of the City Charter, the caption for this item is listed as
follows:
AN ORDINANCE ADOPTING THE INTERNATIONAL FUEL GAS CODE, 2009
EDITION; PROVIDING FOR THE ADOPTION OF LOCAL AMENDMENTS THERETO;
PROVIDING FOR RECORDING OF SUCH CODE AS A PUBLIC RECORD;
PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL
ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS
CLAUSE; PROVIDING FOR PUBLICATION IN PAMPHLET FORM; PROVIDING FOR
PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE
DATE.
Councilmember Muller returned to the dais at 8:45 p.m.
61. ORDINANCE NO. 990,2 ND READING, ADOPTING THE INTERNATIONAL
MECHANICAL CODE, 2009 EDITION, PROVIDING FOR THE ADOPTION OF
LOCAL AMENDMENTS THERETO
APPROVED
Chief Building Official Paul Ward was available to answer questions from Council.
Public hearing conducted with item 6D.
Motion was made to approve Ordinance No. 990, adopting the International Mechanical
Code, 2009 Edition, providing for the adoption of local amendments thereto.
Motion: Bledsoe
REGULAR CITY COUNCIL MEETING MINUTES, FEBRURY 15, 2011
Page 13 of 19
Second:
Morris
Ayes:
Bledsoe, Hill, Morris, Muller, Wang, Zito
Nays:
None
Approved:
6 -0
In accordance with Section 4.21 of the City Charter, the caption for this item is listed as
follows:
AN ORDINANCE ADOPTING THE INTERNATIONAL MECHANICAL CODE, 2009
EDITION; PROVIDING FOR THE ADOPTION OF LOCAL AMENDMENTS THERETO;
PROVIDING FOR RECORDING OF SUCH CODE AS A PUBLIC
PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL
ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS
CLAUSE; PROVIDING FOR PUBLICATION IN PAMPHLET FORM; PROVIDING FOR
PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE
DATE.
6J. ORDINANCE NO. 991, 2 ND READING, ADOPTING THE INTERNATIONAL
PLUMBING CODE, 2009 EDITION, PROVIDING FOR THE ADOPTION OF
LOCAL AMENDMENTS THERETO
APPROVED
Chief Building Official Paul Ward was available to answer questions from Council.
Public hearing conducted with item 6D.
Motion was made to approve Ordinance No. 991, adopting the International Plumbing
Code, 2009 Edition, providing for the adoption of local amendments thereto.
Motion:
Bledsoe
Second:
Morris
Ayes:
Bledsoe, Hill, Morris, Muller, Wang, Zito
Nays:
None
Approved:
6 -0
In accordance with Section 4.21 of the City Charter, the caption for this item is listed as
follows:
AN ORDINANCE ADOPTING THE INTERNATIONAL PLUMBING CODE, 2009 EDITION;
PROVIDING FOR THE ADOPTION OF LOCAL AMENDMENTS THERETO; PROVIDING FOR
RECORDING OF SUCH CODE AS A PUBLIC RECORD; PROVIDING THAT THIS
ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A
SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR
PUBLICATION IN PAMPHLET FORM; PROVIDING FOR PUBLICATION IN THE OFFICIAL
NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE.
REGULAR CITY COUNCIL MEETING MINUTES, FEBRURY 15, 2011
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6K. ORDINANCE NO. 996, 2 ND READING, AMENDING THE 2009 EDITION OF
THE INTERNATIONAL BUILDING CODE, APPENDIX J TO INCLUDE
REGULATIONS FOR THEMANAGEMENT PROCEDURES AND PRACTICES
FOR THE STORAGE OF SOIL STOCKPILES
APPROVED
Chief Building Official Paul Ward was available to answer questions from Council.
Public hearing conducted with item 6D.
Motion was made to approve Ordinance No. 996, amending the 2009 Edition of the
International Building Code, Appendix J to include regulations for the management
procedures and practices for the storage of soil stockpiles.
Motion:
Bledsoe
Second:
Morris
Ayes:
Bledsoe, Hill, Morris, Muller, Wang, Zito
Nays:
None
Approved:
6 -0
In accordance with Section 4.21 of the City Charter, the caption for this item is listed as
follows:
AN ORDINANCE AMENDING THE 2009 EDITION OF THE INTERNATIONAL
BUILDING CODE, APPENDIX J, TO INCLUDE REGULATIONS REGARDING THE
MANAGEMENT PROCEDURES AND PRACTICES FOR THE STORAGE OF SOIL
STOCKPILES AS REFERENCED HEREIN, IN THE CITY OF SOUTHLAKE;
PROVIDING FOR THE ADOPTION OF LOCAL AMENDMENTS THERETO;
PROVIDING FOR RECORDING OF SUCH CODE AS A PUBLIC RECORD;
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.
6L. ORDINANCE NO. 928, 2 ND READING, CONTINUING ORDINANCE 928
ARTICLE VII OF CHAPTER 15 OF THE SOUTHLAKE CODE OF
ORDINANCES "CURFEW HOURS FOR MINORS"
APPROVED
Police Chief Robert Finn presented item to Council and was available to answer
questions.
Mayor Pro Tem Hill opened the public hearing.
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There being no one wishing to speak, Mayor Pro Tem Hill closed the public hearing.
Motion was made to approve the continuance of Ordinance No. 928, Article VII of
Chapter 15 of the Southlake Code of Ordinances "Curfew Hours for Minors ".
Motion:
Bledsoe
Second:
Zito
Ayes:
Bledsoe, Hill, Morris, Muller, Wang, Zito
Nays:
None
Approved:
6 -0
In accordance with Section 4.21 of the City Charter, the caption for this item is listed as
follows:
ARTICLE VII, "CURFEW HOURS FOR MINORS," IN CHAPTER 15, "PUBLIC
SAFETY," OF THE SOUTHLAKE CODE OF ORDINANCES BECAME EFFECTIVE BY
COUNCIL ACTION ON MARCH 7, 2008; MAKING IT AN OFFENSE FOR MINORS,
PARENTS, GUARDIANS OF MINORS, AND BUSINESS ESTABLISHMENTS TO
VIOLATE CURFEW REGULATIONS; DEFINING TERMS; PROVIDING DEFENSES;
PROVIDING FOR THE ENFORCEMENT BY THE POLICE DEPARTMENT;
PROVIDING FOR A WAIVER BY THE MUNICIPAL COURT OF JURISDICTION OVER
A MINOR WHEN REQUIRED UNDER THE TEXAS FAMILY CODE; PROVIDING THAT
THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A
SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY FOR VIOLATIONS
HEREOF; PROVIDING A SAVING CLAUSE; PROVIDING FOR PUBLICATION IN
PAMPHLET FORM; PROVIDING FOR PUBLICATION IN THE OFFICIAL
NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE IN ACCORDANCE WITH
SECTION 307.002 OF THE TEXAS GOVERNMENT CODE THE ORDINANCE IS
HEREBY RENEWED FOR A PERIOD OF THREE YEARS.
6M. ORDINANCE NO. 994, 2 ND READING, AN ORDINANCE ADOPTING THE
ECONOMIC DEVELOMENT AND TOURISM STRATEGIC PLAN COMPONENT
OF THE SOUTHLAKE 2030 PLAN, THE CITY'S COMPREHENSIVE PLAN
UPDATE
APPROVED
Director of Economic Development Greg Last presented item to Council and was
available to answer questions.
Motion was made to approve Ordinance No. 994 adopting the economic development
and tourism strategic plan component of the Southlake 2030 Plan, the City's
Comprehensive Plan Update.
Motion:
Bledsoe
Second:
Muller
Ayes:
Bledsoe, Hill, Morris, Muller, Wang, Zito
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Nays: None
Approved: 6 -0
In accordance with Section 4.21 of the City Charter, the caption for this item is listed as
follows:
AN ORDINANCE ADOPTING THE ECONOMIC DEVELOPMENT AND TOURISM
STRATEGIC PLAN COMPONENT OF THE SOUTHLAKE 2030 PLAN, THE CITY'S
COMPREHENSIVE PLAN UPDATE.
6N. ORDINANCE NO. 995, 2 ND READING, APPOINTING AN ALTERNATE
MUNICIPAL JUDGE AND AUTHORIZING THE MAYOR TO EXECUTE AN
AGREEMENT WITH THE ALTERNATE MUNICPAL JUDGE AND PROVIDING
AN EFFECTIVE DATE
OPPPDX /Fn
Director of Finance Sharen Jackson presented item to Council and answered questions
regarding the agreement.
Motion was made to approve Ordinance No. 995, appointing an alternate municipal
judge and authorizing the mayor to execute an agreement with the alternate municipal
judge and providing an effective date.
Motion:
Bledsoe
Second:
Zito
Ayes:
Bledsoe, Hill, Morris, Muller, Wang, Zito
Nays:
None
Approved:
6 -0
In accordance with Section 4.21 of the City Charter, the caption for this item is listed as
follows:
AN ORDINANCE APPOINTING AN ALTERNATE MUNICIPAL JUDGE AND
AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH THE
ALTERNATE MUNICIPAL JUDGE; AND PROVIDING AN EFFECTIVE DATE.
7. ORDINANCES, FIRST READINGS AND RELATED ITEMS
No items.
8. RESOLUTIONS
No items.
9. OTHER ITEMS FOR CONSIDERATION
REGULAR CITY COUNCIL MEETING MINUTES, FEBRURY 15, 2011
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9A. SV11 -003, VARIANCE TO THE SOUTHALKE TOWN SQUARE GRAND
AVENUE DISTRICT CONDITIONAL SIGN PERMIT FOR SEPHORA LOCATED
AT 312 GRAND AVENUE WEST
OPPPDX /Fn
Mr. Cortez presented item to Council and answered questions regarding the variance.
Sephora representative Mr. Mike McCall, of San Francisco, California and Mr. Jason
Cassell, 413 Travis, Roanoke, Texas with Southlake Corners shopping center were
present to answer questions from Council.
Motion was made to approve SV11 -003, variance to the Southlake Town Square Grand
Avenue District conditional sign permit for Sephora, noting the variances for the number
of fascia signs from two to three and the area of fascia sign from 30 square feet to 52.4
square feet as noted and presented in the staff report, dated February 8, 2011.
Motion:
Bledsoe
Second:
Morris
Ayes:
Bledsoe, Hill, Morris, Muller, Wang, Zito
Nays:
None
Approved:
6 -0
10.OTHER ITEMS FOR CONSIDERATION
No items.
Mayor Pro Tem Hill announced City Council would reconvene into Executive Session
pursuant to the Texas Government Code, Section 551.071, consultation with the 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 9:34 p.m. Executive Session began at
9:35 p.m. and concluded at 10:56 p.m.
11. MEETING ADJOURNED
Mayor Pro Tem Hill adjourned the meeting at 10:58 p.m.
*An audio recording of this meeting will be permanently retained in the City Secretary's
Office.
Laura Hill
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Deputy Mayor Pro Tem
ATTEST:
Alicia Richardson
City Secretary
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