2011-04-05 CITY O F
SOUTHLAKE
TEXAS
REGULAR CITY COUNCIL MEETING MINUTES: APRIL 5, 2011
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 (present at 5:43
p.m.), Pamela A. Muller, and Al Zito.
CITY COUNCIL ABSENT: Councilmember Jeff Wang
STAFF PRESENT: City Manager Shana Yelverton, Assistant City Manager Ben
Thatcher, Assistant City Manager /Director of Public Safety Jim Blagg, Assistant to the
City Manager Alison Ortowski, Communication and Websites Manager Pilar Schank,
Director of Human Resources Stacey Black, Director of Information Technology Dale
Dean, Director of Planning and Development Services Ken Baker, Planner II Clayton
Comstock, Chief of Fire Services Mike Starr, Chief of Police Robert Finn, Director of
Parks Chris Tribble, Deputy Director of Parks Kari Happold, Director of Public Works
Robert Price, 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 Terrell at 5:40 p.m.
2. INVOCATION
Mr. Ben Weiss from Grace Community Church gave the invocation. Mayor Terrell led
the pledge of allegiance.
3. DISCUSS ALL ITEMS ON TONIGHT'S MEETING AGENDA
Ms. Jane Taylor, 350 East Royal Lane, was present to answer questions from Council
regarding Item 4B— encroachment and joint use agreement for Mi Cocina.
No action was taken during Work Session and each item was considered during the
Regular Session.
Mayor Terrell proposed that Item 9A— master sign plan for Carillon be moved to the
consent agenda.
REGULAR CITY COUNCIL MEETING MINUTES, APRIL 5, 2011
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Planner II Clayton Comstock presented Item 9A and answered questions from Council.
Councilmember Morris advised that she would like to know if the applicant is willing to
provide the same facia design for the subdivision entry sign as the main monument
sign.
Mayor Terrell asked Councilmember Morris if she was acceptable to keeping Item 9A
on the consent agenda. If applicant is not present for the consent agenda, the item will
be removed and discussed during the regular agenda.
Councilmember Zito asked if Item 6D— variance to Lighting Ordinance No. 693 -B could
be moved to the consent agenda.
Councilmember Muller advised that she would like to ask the applicant if they are willing
to place amber shielding on the lights.
Mayor Terrell advised Council that Item 6D would be considered with the consent
agenda. If the applicant is not present for the consent agenda, the item will be removed
and discussed during the regular agenda.
REGULAR SESSION:
1. CALL TO ORDER
The Regular Session of the City Council was called to order by Mayor Terrell at 6:51
p.m.
2A. EXECUTIVE SESSION
Mayor Terrell 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 551.074: deliberation regarding personnel matters; and Section
551.087, deliberation regarding economic development negotiations.
City Council adjourned for Executive Session at 5:54 p.m. Executive Session began at
6:12 p.m. and concluded at 6:40 p.m.
2B. RECONVENE
Mayor Terrell reconvened the regular meeting at 6:51 p.m. and asked if any action was
necessary from Executive Session.
No action was taken by Council.
3. REPORTS
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A. Mayor's Report —
Update of upcoming meetings and events
Mayor Terrell announced upcoming meetings and events.
Proclamation Connect with City Month
Mayor Terrell recognized and proclaimed April as Connect with the City Month. Mayor
Terrell presented proclamation to Communication and Websites Manager Pilar Schank.
B. City Manager's Report —
GFOA Distinguished Budget Presentation Award
City Manager Shana Yelverton announced the City of Southlake was awarded the
Government Finance Officers Association Distinguished Budget Presentation Award for
Fiscal Year 2011. Ms. Yelverton thanked Director of Finance Sharen Jackson and
Assistant to the City Manager Alison Orlowski for their hard work.
4. CONSENT AGENDA (Items 4A -K) Consent Agenda items are considered to be
routine by the City Council and are enacted with one motion. Mayor Terrell read
the Consent Agenda items into the record.
4A. APPROVE THE MINUTES OF THE MARCH 22, 2011 CITY COUNCIL
WORKSHOP AND COMMUNITY DISCUSSION
4B. APPROVE AN ENCROACHMENT AND JOINT USE AGREEMENT FOR MI
COCINA RESTAURANT OUTDOOR DINING IN THE RIGHT OF WAY AT 1276
MAIN STREET
4C. AWARD THE ANNUAL CONTRACT FOR JANITORIAL SERVICES TO
REGENT SERVICES IN THE AMOUNT OF $145,396.44
4D. APPROVE A PURCHASE AGREEMENT WITH THE LANE CORPORATION
FOR THE PURCHASE OF HOT MIX ASPHALTIC CEMENT
4E. THIS ITEM INTENTIONALLY LEFT BLANK
4F. THIS ITEM INTENTIONALLY LEFT BLANK
4G. APPROVE THE 2010 COMPREHENSIVE ANNUAL FINANCIAL REPORT
4H. THIS ITEM INTENTIONALLY LEFT BLANK
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41. APPROVE A PERMIT FOR CARROLL ISD VISUAL ART DISPLAY,
SPONSORED BY SOUTHLAKE ARTS COUNCIL AND SOUTHLAKE PUBLIC
LIBRARY, IN TOWN HALL 3 FLOOR TRAINING ROOMS DURING ART IN
THE SQUARE, APRIL 15 -17, 2011
4J. ORDINANCE NO. 999, 1 READING, ABANDON A PEDESTRIAN AND
EQUESTRIAN EASEMENT LOCATED ALONG THE SOUTHERN BOUNDARY
OF LOTS 10 THROUGH 17, BLOCK 1, FOX HOLLOW ADDITION AS SHOWN
ON THE PLAT DATED JULY 5, 1996 (IF APPROVED ON FIRST READING,
THE PUBLIC HEARING WILL BE HELD ON APRIL 19, 2011.)
4K. ORDINANCE NO. 480 -EEEE, 1 READING, AN AMENDMENT TO THE CITY
OF SOUTHLAKE ZONING ORDINANCE NO. 480, AS AMENDED, AS IT
PERTAINS TO PERMITTED AND ACCESSORY USES AND SALES WITHIN
CERTAIN (NON- RESIDENTIAL) ZONING DISTRICTS. (THE FIRST READING
FOR THIS ORDINANCE WAS TABLED TO APRIL 19, 2011 BY CITY
COUNCIL AT THEIR MARCH 29, 2011 MEETING. IF APPROVED ON FIRST
READING, THE PUBLIC HEARING WILL BE HELD MAY 3, 2011.)
4L. APPROVE A PERMIT FOR SOUTHLAKE ARTS COUNCIL, APEX ARTS
LEAGUE AND ART IN THE SQUARE TO ALLOW THE PUBLIC DISPLAY OF
ART IN TOWN HALL FROM APRIL 19, 2011 THROUGH MAY 17, 2011
Mayor Terrell advised that Item 9A was moved to the consent agenda during early work
session.
Councilmember Morris advised that she spoke with the applicant for Item 9A and he
agreed to provide the same facia design for the subdivision entry sign as the main
monument sign.
Mr. Jeff Kemmler, 3200 Ross Avenue, Suite 420, presented an example of the sign
material.
Mayor Terrell announced that City Council agreed to include Item 6D on the consent
agenda, but public comment cards were received to speak on the item. Mayor Terrell
advised that Item 6D would remain on the regular agenda.
A motion was made to approve the consent agenda as presented.
Motion: Hill
Second: Bledsoe
Ayes: Bledsoe, Hill, Morris, Muller, Terrell, Zito
Nays: None
Approved: 6 -0
REGULAR AGENDA:
REGULAR CITY COUNCIL MEETING MINUTES, APRIL 5, 2011
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5. PUBLIC FORUM
Mayor Terrell opened the public forum. There being no one wishing to speak, Mayor
Terrell closed the public forum.
6. ORDINANCES, SECOND READINGS, PUBLIC HEARINGS, AND RELATED
ITEMS:
6A. ORDINANCE NO. 480 -603 (ZA11 -002), 2 READING, ZONING CHANGE AND
CONCEPT PLAN FOR PROPERTY BEING DESCRIBED AS TRACT 1B,
LARKIN H. CHIVERS SURVEY, ABSTRACT NO. 300, AND BEING LOCATED
AT 587 EAST DOVE ROAD. CURRENT ZONING: AG AGRICULTURAL
DISTRICT. REQUESTED ZONING: SF -1A SINGLE FAMILY RESIDENTIAL
DISTRICT. SPIN NEIGHBORHOOD #3. PUBLIC HEARING
APPROVED
Planner II Clayton Comstock presented item and answered questions from Council.
Applicant William Brooks, 2205 Yeargain Court, was present and answered questions
from Council.
Mayor Terrell opened the public hearing and asked for anyone wishing to speak to
come forward. There being no one wishing to speak, Mayor Terrell closed the public
hearing.
A motion was made to approve Ordinance No. 480 -603, also known as ZA11 -002, 2nd
reading, zoning change and concept plan for property at 587 East Dove Road; noting
the following: applicant will provide the 20 -foot wide utility easement, as shown on the
site plan and any additional width that may be needed for the access drive to
accommodate ingress and egress; applicant has agreed to install an eight -foot fence on
the south property line between his property and the neighbors property, subject to the
concept plan review summary No. 2, dated February 24, 2011; and the gravel drive will
meet the standards of the fire marshal.
Motion: Hill
Second: Muller
Ayes: Bledsoe, Hill, Morris, Muller, Terrell, Zito
Nays: None
Approved: 6 -0
Mayor Terrell announced that Council would move to Item 6C.
6C. ORDINANCE NO. 480 -338C (ZA11 -007), 2 READING, ZONING CHANGE
AND SITE PLAN FOR IMPROVEMENTS TO CARROLL ISD SENIOR HIGH
SCHOOL ON PROPERTY LOCATED AT 1501 WEST SOUTHLAKE
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BOULEVARD, BEING DESCRIBED AS LOT 1, BLOCK 1, CARROLL SENIOR
HIGH SCHOOL ADDITION, AND BEING APPROXIMATELY 55.033 ACRES.
CURRENT ZONING: S -P -1 DETAILED SITE PLAN DISTRICT. REQUESTED
ZONING: S -P -1 DETAILED SITE PLAN DISTRICT. SPIN NEIGHBORHOOD
#10. PUBLIC HEARING
TABLED
Director of Planning and Development Services Ken Baker presented item and
answered questions from Council.
Carroll Independent School District (CISD) Assistant Superintendent Derek Citty, CISD
Board of Trustee Erin Schoupp, John Blacker of Hart, Gaugler & Associates, and John
Algon of Natex Architects made their presentation and were available to answer
questions from Council.
Ms. Schoupp advised Council that CISD received a number of comments from the
public regarding concerns with this request. Ms. Schoupp asked Council to table this
item to allow CISD sufficient time to meet with the residents.
Mayor Terrell informed the public the City has received a sufficient percentage of
opposition to this request, which will require a super- majority vote of the City Council.
A motion was made to table Ordinance No. 480 -338c, also known as ZA11 -007, the
zoning change and site plan to Carroll Independent School District Senior High School
at 1501 Southlake Boulevard to the April 19, 2011 City Council meeting.
In response to Mayor Terrell's question, Ms. Schoupp commented that CISD would
contact residents within 24 to 48 hours to schedule a meeting to discuss their concerns.
Motion: Hill
Second: Bledsoe
Ayes: Bledsoe, Hill, Morris, Muller, Terrell, Zito
Approved: 6 -0
Mayor Terrell announced that City Council would move to Item 6B.
6B. ORDINANCE NO. 480 -594A (ZA11 -006), 2 READING, ZONING CHANGE
AND SITE PLAN TO ALLOW MODIFICATIONS TO THE EXISTING
APPROVED SITE PLAN FOR THE NEW CISD ELEMENTARY SCHOOL ON
PROPERTY LOCATED AT 2520 NORTH WHITE CHAPEL BOULEVARD,
BEING DESCRIBED AS LOT 1R, STANFORD PLACE, AND BEING
APPROXIMATELY 17.737 ACRES. CURRENT ZONING: S -P -1 DETAILED
SITE PLAN DISTRICT. REQUESTED ZONING: S -P -1 DETAILED SITE PLAN
DISTRICT. SPIN NEIGHBORHOOD #1. PUBLIC HEARING
TABLED
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Director of Planning and Development Services Ken Baker presented item and was
available to answer questions from Council.
Carroll Independent School District (CISD) Assistant Superintendent Derek Citty, CISD
Board of Trustee Erin Schoupp, John Blacker of Hart, Gaugler & Associates, John
Algon of Natex Architects and Shane Garthoff of Garthoff Design made their
presentation and answered questions from Council.
Mr. Citty provided Council with a summary of action taken since the last Council
meeting. Mr. Blacker summarized changes to the site plan from the last Council
meeting. Mr. Blacker advised the site plan provides for a 20' buffer.
The Council and applicant discussed landscaping, which included placement and size
of trees, berm, and watering for plantings.
Mayor Terrell opened the public hearing.
The following spoke in opposition: Ms. Gabriella Miller, 405 Orchard Hill Drive; Ms.
Jessica Schlamp, 200 Stockton Drive; Ms. Tammy O'Brian, 208 Stockton Drive; and Mr.
Doug Harsy, 2804 Tyler Street.
The following spoke in favor: Mr. Bob Kemins, 605 W. Highland Street and Ms. Kathy
Bergstrom, 66 Castlerock.
There being no one else wishing to speak, Mayor Terrell closed the public hearing.
Mayor Terrell asked CISD representatives if they would be willing to plant 6" caliper
trees. Mayor Terrell asked if CISD would include extra trees to provide a buffer along
areas that do not have trees.
Mr. Citty advised Council the Board of Trustees approved larger tree plantings.
Councilmember Zito left the dais at 8:50 p.m. and retuned at 8:53 p.m.
Mayor Terrell informed the public the City has received a sufficient percentage of
opposition to this request, which will require a super- majority vote of the City Council.
Mayor Terrell announced that Council would go into executive session at 9:00 p.m.
pursuant to section 551.071, consultation with city attorney. Executive Session began
at 9:06 p.m. and concluded at 9:20 p.m.
Mayor Terrell reconvened the regular meeting at 9:24 p.m., with the same members
present. There was no action necessary as a result of Executive Session.
Ms. Schoupp asked Council to table this item to provide time for CISD to meet and work
with the residents.
REGULAR CITY COUNCIL MEETING MINUTES, APRIL 5, 2011
Page 7 of 11
A motion was made to table 480 -594a, also known as ZA11 -006, 2nd reading, zoning
change and site plan to allow modifications to the existing approved site plan for the
new Carroll Independent School District elementary school on White Chapel.
Motion: Hill
Second: Bledsoe
Ayes: Bledsoe, Hill, Morris, Muller, Terrell, Zito
Approved: 6 -0
6C. ORDINANCE NO. 480 -338C (ZA11 -007), 2 READING, ZONING CHANGE
AND SITE PLAN FOR IMPROVEMENTS TO CARROLL ISD SENIOR HIGH
SCHOOL ON PROPERTY LOCATED AT 1501 WEST SOUTHLAKE
BOULEVARD, BEING DESCRIBED AS LOT 1, BLOCK 1, CARROLL SENIOR
HIGH SCHOOL ADDITION, AND BEING APPROXIMATELY 55.033 ACRES.
CURRENT ZONING: S -P -1 DETAILED SITE PLAN DISTRICT. REQUESTED
ZONING: S -P -1 DETAILED SITE PLAN DISTRICT. SPIN NEIGHBORHOOD
#10. PUBLIC HEARING
TABLED
City Council considered and took action on this item earlier in the meeting.
6D. CONSIDER A VARIANCE TO LIGHTING ORDINANCE NO. 693 -B TO PERMIT
LIGHT - EMITTING -DIODE (L.E.D.) LIGHTING AT ALL CARROLL ISD
CAMPUSES AND FACILITY LOCATIONS
TABLED
Director of Planning and Development Services Ken Baker presented item and was
available to answer questions from Council.
Carroll Independent School District (CISD) Assistant Superintendent Derek Citty, CISD
Board of Trustee Erin Schoupp, John Blacker of Hart, Gaugler & Associates, and John
Algon of Natex Architects made their presentation and were available to answer
questions from Council.
Council and CISD applicants discussed color temperature and efficiency of LED
lighting. Mr. Citty advised Council that CISD would attempt to procure a light sample for
Council's review.
Mr. Citty requested the item be tabled to the April 19, 2011 City Council meeting.
Mayor Terrell announced that public comment cards were received to speak on the
item.
Mr. Erthel Mincey, 1412 Stone Lakes Drive, asked city staff to include a light measuring
process that would be monitored by an engineering firm. He requested there be no
increase in neighborhood light pollution.
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Mayor Terrell announced that the following citizens did not wish to speak, but asked that
their opposition be recorded: Mr. Ernest H. Brashear, 1410 Stone Lakes Drive and Ms.
Cheryl Brashear, 1410 Stone Lakes Drive.
A motion was made to table the request for a variance to Lighting Ordinance No. 693 -B
to permit light- emitting -diode (L.E.D.) lighting at all Carroll Independent School District
campuses and facility locations to the April 19, 2011 meeting.
Motion: Hill
Second: Bledsoe
Ayes: Bledsoe, Hill, Morris, Muller, Terrell, Zito
Approved: 6 -0
7. ORDINANCES, FIRST READINGS AND RELATED ITEMS
7A. ORDINANCE NO. 480 -CCCC (ZA10 -068), 1 READING, ZONING TEXT
AMENDMENT FOR DOWNTOWN (DT) ZONING DISTRICT, AN AMENDMENT
TO ORDINANCE NO. 480, AS AMENDED, AS IT PERTAINS TO A NEW
RESIDENTIAL DISTRICT (THE GARDEN DISTRICT AT SOUTHLAKE TOWN
SQUARE) WITHIN SECTION 37 OF THE "DT" DOWNTOWN DISTRICT AND
DISCUSSION OF ZA10 -069, REVISED CONCEPT PLAN FOR THE GARDEN
DISTRICT AT SOUTHLAKE TOWN SQUARE. (IF APPROVED ON FIRST
READING, THE PUBLIC HEARING WILL BE HELD ON APRIL 19, 2011.)
APPROVED
Planner II Clayton Comstock presented item and answered questions from Council
regarding the height of the building, open space requirements, and width of the alley
between developments.
Mr. Frank Bliss, 1008 Quail Run Road, presented item and answered questions from
Council.
Mayor Terrell announced the public hearing would be conducted on April 19, 2011, but
public comment cards were received for this item. The following citizens spoke in
support: Ms. Roxanne Taylor, 1505 Regency Court; Mr. Jim Mansky, 610 Lorene; Mr.
Joe Kienast, 1518 Main Street; Mr. Jim Janowiak, 521 Regency Crossing and Mr. Dan
Romes, 1301 Regency Court.
The following citizens did not speak, but supported the item: Mr. Howard Sanders, 1000
Lakewood Drive; Ms. Joanne Janowiak, 521 Regency Crossing; Mr. Tom Matthews,
726 Exchange; and Mr. Mike Mills, 1528 Main Street.
The following citizens spoke in opposition: Mr. John Teeuws, 1587 Main Street and Mr.
Matt Schirle, 1512 Main Street. Ms. Olivia Bennett, 910 Aaron Way, did not wish to
speak, but was in opposition to the item.
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Page 9 of 11
Councilmember Muller left the dais at 11:35 p.m. and returned at 11:38 p.m.
Mayor Terrell left the dais at 11:39 p.m. and returned at 11:50 p.m.
Council discussed their concerns with Mr. Bliss.
Mayor Terrell informed Mr. Bliss that all comments have not been addressed and asked
that Council be provided additional information prior to the April 19, 2011 meeting.
A motion was made to approve Ordinance No. 480 -CCCC, also known as ZA10 -068, 1
reading, zoning text amendment for Downtown Zoning District, as amended, as it
pertains to a new residential district —The Garden District at Southlake Town Square;
noting the following: discussion of ZA10 -061 revised concept plan; applicant's
willingness to match the architectural look of the current brownstones; match design of
material guidelines that are in place at Town Square; applicant will present parking and
review options for not only ingress and egress in the underground parking, but also for
on street parking; applicant has agreed to limit project to three stories and no more than
three 1500 square feet units per building; applicant will present a phasing plan at the
next Council meeting; applicant will provide a plan that depicts a 20' wide alley section
for review; and includes staff review No. 1, dated March 30, 2011.
Motion: Hill
Second: Bledsoe
Ayes: Bledsoe, Hill, Morris, Muller, Terrell, Zito
Approved: 6 -0
Mayor Terrell advised the public hearing for this item would be conducted on April 19,
2011.
Mayor Terrell announced that City Council would go into Executive Session at 12:32
a.m. in accordance with section 551.074, deliberation regarding personnel matters.
Executive Session began at 12:35 a.m. and concluded at 12:44 a.m.
Mayor Terrell reconvened the regular meeting at 12:45 a.m., with the same members
present.
8. RESOLUTIONS
8A. RESOLUTION NO. 11 -018, APPOINT MEMBERS AND /OR ALTERNATE
MEMBERS TO THE ZONING BOARD OF ADJUSTMENT TO FILL AN
UNEXPIRED TERM AND APPOINT A CHAIRMAN AND VICE- CHAIRMAN
APPROVED
A motion was made to appoint Mr. Laird Fairchild as Chairman; Mr. Michael Forman as
Vice - Chairman; Mr. Shawn McCaskill to Place 2; and Mr. Chad Patton to Alternate 3.
REGULAR CITY COUNCIL MEETING MINUTES, APRIL 5, 2011
Page 10 of 11
Motion: Hill
Second: Bledsoe
Ayes: Bledsoe, Hill, Morris, Muller, Terrell, Zito
Approved: 6 -0
8B. RESOLUTION NO. 11 -019, APPOINT MEMBERS TO THE VARIOUS
SOUTHLAKE 2030 PLAN ELEMENT COMMITTEES
NO ACTION
Mayor Terrell advised this item was moved to the April 19, 2011 City Council meeting.
9. OTHER ITEMS FOR CONSIDERATION
9A. CONSIDER MSP11 -001, MASTER SIGN PLAN FOR CARILLON AT THE
NORTHEAST CORNER OF STATE HIGHWAY 114 AND NORTH WHITE
CHAPEL BOULEVARD AND THE INTERSECTION OF NORTH WHITE
CHAPEL BOULEVARD AND KIRKWOOD BOULEVARD
APPROVED
Council considered and approved this item with the consent agenda.
10. OTHER ITEMS FOR CONSIDERATION
11. MEETING ADJOURNED
Mayor Terrell adjourned the meeting at 12:46 a.m.
*An audio recording of this meeting will be permanently retained in the City Secretary's
Office.
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John Terre
Mayor
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