2011-05-17 1 ' CITY OF
SOUTHLAKE
TEXAS
REGULAR CITY COUNCIL MEETING MINUTES: MAY 17, 2011
LOCATION: 1400 Main Street, Southlake, Texas 76092
City Council Chambers
CITY COUNCIL PRESENT: Mayor John Terrell, Mayor Pro Tem Laura K. Hill, and
Councilmembers Carolyn Morris, Pamela A. Muller, Jeff Wang and Al Zito.
CITY COUNCIL ABSENT: Deputy Mayor Pro Tem Brandon Bledsoe
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 Finance Sharen Jackson, Director of Human Resources Stacey Black,
Director of Planning and Development Services Ken Baker, Building Official Paul Ward,
Planner II Clayton Comstock, Planner 11 Jennifer Crosby, Chief of Fire Services Mike
Starr, Fire Marshal David Barnes, Emergency Management Coordinator Colleen
Crocker, Chief of Police Services Robert Finn, Deputy of Police Services Rusty Daniels,
Director of Community Services Chris Tribble, Deputy Director of Community Services
Kari Happold, Marketing and Tourism Coordinator Jill Land, 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 5:32 p.m.
2. INVOCATION
Mr. David Whitington with Christ Our King Church gave the invocation. Mayor Terrell
led the pledge of allegiance.
3. PROCLAMATION RECOGNIZING NATIONAL POLICE WEEK ON MAY 15 -21,
2011
Mayor Terrell recognized and presented a proclamation to the Police Department for
National Police week. Chief of Police Services Robert Finn and members of the Police
Department were present to receive the proclamation.
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Mayor Terrell announced the retirement of Police Chief Robert Finn. The City Council
individually expressed their gratitude to Police Chief Robert Finn for his service and
dedication to the City of Southlake.
4. DISCUSS SUMMER FUN IN SOUTHLAKE
Deputy Director of Community Services Kari Happold provided Council with an
overview of events planned for the summer season.
5. DISCUSS ALL ITEMS ON TONIGHT'S MEETING AGENDA
No action will be taken and each item will be considered during the Regular Session.
Mayor Terrell read the consent agenda items.
REGULAR SESSION:
1. CALL TO ORDER
The Regular Session of the City Council was called to order by Mayor Terrell at 6:00
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 551.072, 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
6:00 p.m. Executive Session began at 6:10 p.m. and concluded at 7:20 p.m.
2B. RECONVENE
Mayor Terrell reconvened the regular meeting at 7:26 p.m. and asked if any action was
necessary from Executive Session. There was no action needed as result of Executive
Session.
3. REPORTS
A. Mayor's Report —
Update of upcoming meetings and events
Mayor Terrell announced upcoming meetings and events.
Mayor Pro Tem Laura K. Hill advised there is a new 501C3 organization in Southlake
called SASO — Scholars and Athletes Serving Others. A community service
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organization for young men and their mothers. SASO will partner with major charitable
organizations to provide opportunities in Southlake and throughout the state of Texas.
Councilmember Zito announced that Carroll Independent School District (CISD) is
holding their Relay for Life event on Friday. Additional information can be located on
CISD's website.
B. City Manager's Report —
Retirement of Police Chief Robert Finn
City Manager Shana Yelverton announced the Police Department was recognized with
a proclamation during early work session. During early work session, the Mayor and
Council announced the upcoming retirement of Chief of Police Services Robert Finn.
4. CONSENT AGENDA (Items 4A -E) 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 FROM THE APRIL 29, 2011 JOINT MEETING OF
THE CITY COUNCIL AND THE BOARD OF TRUSTEES CARROLL ISD; THE
APRIL 29, 2011 CITY COUNCIL MEETING; AND THE MAY 3, 2011 CITY
COUNCIL MEETING.
4B. APPROVE CHANGE ORDER NO. 1 FOR THE KIRKWOOD
EXTENSIONCONTRACT WITH CONASTER IN THE AMOUNT OF
$134,668.50.
4C. VARIANCE TO SUBDIVISION ORDINANCE NO. 483, AS AMENDED,
SECTION 4.01 I, EXPIRATION OF PLATS, REQUESTING TO EXTEND THE
VALIDITY OF THE PLATS FOR CASE ZA08 -003 PRELIMINARY PLAT FOR
NOLEN CENTER AND CASE ZA08 -028 FINAL PLAT FOR NOLEN CENTER
LOCATED AT THE SOUTHWEST CORNER OF SOUTH NOLEN DRIVE AND
EAST SOUTHLAKE BOULEVARD.
4D. ORDINANCE NO. 480 -604 (ZA11 -014), 1 READING, ZONING CHANGE AND
CONCEPT PLAN FOR THE AHMED RESIDENCE ON PROPERTY BEING
DESCRIBED AS LOT 4 -B, BLOCK A, WHITE CHAPEL PLACE ADDITION
AND BEING LOCATED AT 841 SOUTH WHITE CHAPEL BOULEVARD.
CURRENT ZONING: "RE" SINGLE FAMILY RESIDENTIAL ZONING
DISTRICT. REQUESTED ZONING: "SF -2" SINGLE FAMILY RESIDENTIAL
ZONING DISTRICT. SPIN NEIGHBORHOOD #9. (IF APPROVED AT FIRST
READING, THE PUBLIC HEARING FOR THIS ITEM WILL BE ON JUNE 7,
2011.)
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4E. ORDINANCE NO. 480 -338C (ZA11 -007), 2 READING, ZONING CHANGE
AND SITE PLAN FOR IMPROVEMENTS TO CARROLL INDEPENDENT
SCHOOL DISTRICT 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. THE APPLICANT HAS
REQUESTED TO TABLE THIS ITEM AND TO CONTINUE THE PUBLIC
HEARING TO THE JUNE 7, 2011 CITY COUNCIL MEETING. (THE
APPLICANT TABLED THIS ITEM FROM THE MAY 3, 2011 MEETING.)
A motion was made to approve the consent agenda.
Motion: Hill
Second: Zito
Ayes: Hill, Morris, Muller, Terrell, Wang, Zito
Nays: None
Absent: Bledsoe
Approved: 6 -0
REGULAR AGENDA:
5. PUBLIC FORUM
Mayor Terrell opened the public forum.
Mr. Bill Spivey, 1520 Randol Mill Avenue, commented that he was thankful for the
response he received from the City and Texas Department of Transportation to address
the removal of trees on and adjacent to his property.
Mr. Steve Oren, 2050 Shady Oaks Drive, commented on the gas drilling application. He
recommended that Council withdraw the moratorium on gas drilling.
Mr. Robert Gray, 1275 Shady Oaks Drive, commented on natural gas drilling. He
informed Council that a lot of citizens in the community feel that their rights have been
taken away by the vote of council.
Mr. Matt Cleaves, 909 Park View Lane, spoke to Council regarding gas drilling. He
suggested Council start a dialogue to allow both viewpoints to have an honest
discussion regarding gas drilling. He believes the dialogue would change the
divisiveness of the City.
Ms. Sandy Davidson, 1013 South Holland Drive, commented on the vote against gas
drilling. She does not believe it was in the best interest of the City.
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There being no one else wishing to speak, Mayor Terrell closed the public forum.
6. ORDINANCES, SECOND READINGS, PUBLIC HEARINGS, AND RELATED
ITEMS:
6A. ORDINANCE NO. 1003, AUTHORIZING THE ISSUANCE OF CERTIFICATES
OF OBLIGATION,SERIES 2011A. PUBLIC HEARING
APPROVED
First Southwest representative Jim Sabonis presented this item and was available to
answer questions from Council. Mr. Sabonis presented the item in conjunction with
Items 6B and 6C.
Mayor Terrell announced the public hearing for Items 6A, 6B and 6C would be held
together.
Mayor Terrell opened the public hearing and asked 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. 1003, authorizing the issuance of
Certificates of Obligation, Series 2011A.
Motion: Hill
Second: Morris
Ayes: Hill, Morris, Muller, Terrell, Wang, Zito
Nays: None
Absent: Bledsoe
Approved: 6 -0
In accordance with Section 4.21 of the City Charter, the caption for this item is listed as
follows:
AN ORDINANCE AUTHORIZING THE ISSUANCE OF "CITY OF SOUTHLAKE,
TEXAS, TAX AND WATERWORKS AND SEWER SYSTEM (LIMITED PLEDGE)
REVENUE CERTIFICATES OF OBLIGATION, SERIES 2011A "; SPECIFYING THE
TERMS AND FEATURES OF SAID CERTIFICATES; PROVIDING FOR THE
PAYMENT OF SAID CERTIFICATES OF OBLIGATION BY THE LEVY OF AN AD
VALOREM TAX UPON ALL TAXABLE PROPERTY WITHIN THE CITY AND A
LIMITED PLEDGE OF THE NET REVENUES FROM THE OPERATION OF THE
CITY'S WATERWORKS AND SEWER SYSTEM; AND RESOLVING OTHER
MATTERS INCIDENT AND RELATING TO THE ISSUANCE, PAYMENT, SECURITY,
SALE AND DELIVERY OF SAID CERTIFICATES, INCLUDING THE APPROVAL AND
EXECUTION OF A PAYING AGENT /REGISTRAR AGREEMENT AND A PURCHASE
AGREEMENT AND THE APPROVAL AND DISTRIBUTION OF AN OFFICIAL
STATEMENT; AND PROVIDING AN EFFECTIVE DATE.
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6B. ORDINANCE NO. 1004, AUTHORIZING THE ISSUANCE OF CERTIFICATES
OF OBLIGATION, SERIES 2011B. PUBLIC HEARING
APPROVED
The discussion and public hearing was held in conjunction with Items 6A and 6C.
A motion was made to approve Ordinance No. 1004, authorizing the issuance of
Certificates of Obligation, Series 2011B.
Motion: Hill
Second: Zito
Ayes: Hill, Morris, Muller, Terrell, Wang, Zito
Nays: None
Absent: Bledsoe
Approved: 6 -0
In accordance with Section 4.21 of the City Charter, the caption for this item is listed as
follows:
AN ORDINANCE AUTHORIZING THE ISSUANCE OF "CITY OF SOUTHLAKE,
TEXAS, TAX AND WATERWORKS AND SEWER SYSTEM (LIMITED PLEDGE)
REVENUE CERTIFICATES OF OBLIGATION, SERIES 2011B"; SPECIFYING THE
TERMS AND FEATURES OF SAID CERTIFICATES; PROVIDING FOR THE
PAYMENT OF SAID CERTIFICATES OF OBLIGATION BY THE LEVY OF AN AD
VALOREM TAX UPON ALL TAXABLE PROPERTY WITHIN THE CITY AND A
LIMITED PLEDGE OF THE NET REVENUES FROM THE OPERATION OF THE
CITY'S WATERWORKS AND SEWER SYSTEM; AND RESOLVING OTHER
MATTERS INCIDENT AND RELATING TO THE ISSUANCE, PAYMENT, SECURITY,
SALE AND DELIVERY OF SAID CERTIFICATES, INCLUDING THE APPROVAL AND
EXECUTION OF A PAYING AGENT /REGISTRAR AGREEMENT AND A PURCHASE
AGREEMENT AND THE APPROVAL AND DISTRIBUTION OF AN OFFICIAL
STATEMENT; AND PROVIDING AN EFFECTIVE DATE.
6C. ORDINANCE NO. 1005, AUTHORIZING THE ISSUANCE OF CERTIFICATES
OF OBLIGATION, SERIES 2011C. PUBLIC HEARING
APPROVED
The discussion and public hearing was held in conjunction with Items 6A and 6C.
A motion was made to approve Ordinance No. 1005, authorizing the issuance of
certificates of obligation, series 2011C.
Motion: Hill
Second: Zito
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Ayes: Hill, Morris, Muller, Terrell, Wang, Zito
Nays: None
Absent: Bledsoe
Approved: 6 -0
In accordance with Section 4.21 of the City Charter, the caption for this item is listed as
follows:
AN ORDINANCE AUTHORIZING THE ISSUANCE OF "CITY OF SOUTHLAKE,
TEXAS, TAX AND WATERWORKS AND SEWER SYSTEM (LIMITED PLEDGE)
REVENUE CERTIFICATES OF OBLIGATION, SERIES 2011C "; SPECIFYING THE
TERMS AND FEATURES OF SAID CERTIFICATES; PROVIDING FOR THE
PAYMENT OF SAID CERTIFICATES OF OBLIGATION BY THE LEVY OF AN AD
VALOREM TAX UPON ALL TAXABLE PROPERTY WITHIN THE CITY AND A
LIMITED PLEDGE OF THE NET REVENUES FROM THE OPERATION OF THE
CITY'S WATERWORKS AND SEWER SYSTEM ; AND RESOLVING OTHER
MATTERS INCIDENT AND RELATING TO THE ISSUANCE, PAYMENT, SECURITY,
SALE AND DELIVERY OF SAID CERTIFICATES, INCLUDING THE APPROVAL AND
EXECUTION OF A PAYING AGENT /REGISTRAR AGREEMENT AND A PURCHASE
AGREEMENT AND THE APPROVAL AND DISTRIBUTION OF AN OFFICIAL
STATEMENT; AND PROVIDING AN EFFECTIVE DATE.
6D. RESOLUTION NO. 11 -024, APPROVING THE ISSUANCE OF AN ISSUER
NOTE BY THE ITALY HIGHER EDUCATION FACILITIES CORPORATION
FOR THE CLARIDEN SCHOOL. PUBLIC HEARING
APPROVED
Director of Finance Sharen Jackson presented this item to Council and was available to
answer questions.
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 Resolution No. 11 -024, approving the issuance of an
issuer note by the Italy Higher Education Facilities Corporation for the Clariden School.
Motion: Hill
Second: Muller
Ayes: Hill, Morris, Muller, Terrell, Wang, Zito
Nays: None
Absent: Bledsoe
Approved: 6 -0
In accordance with Section 4.21 of the City Charter, the caption for this item is listed as
follows:
REGULAR CITY COUNCIL MEETING MINUTES, May 17, 2011
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RESOLUTION APPROVING THE ISSUANCE OF AN ISSUER NOTE BY THE ITALY
HIGHER EDUCATION FACILITIES CORPORATION FOR THE CLARIDEN SCHOOL.
Mayor Terrell announced that Council would move to Item 9A.
9A. CONSIDER SV11 -008, VARIANCE TO SIGN ORDINANCE NO. 704, AS
AMENDED, FOR DUNKIN DONUTS LOCATED AT 2255 WEST SOUTHLAKE
BOULEVARD.
APPROVED
Planner II Jennifer Crosby presented this item and was available to answer questions
from Council. Ms. Crosby reviewed the variances and elevations with council.
Applicant Tom Loscheider, 1028 Cove Meadow Court, Cedar Hill, Texas, presented this
item to Council.
The Council and applicant discussed the requested variances, size of the letters, color
of the logo, awnings and lighted signs.
A motion was made to approve SV11 -008, variance to sign ordinance No. 704, as
amended, for Dunkin Donuts, located at 2255 West Southlake Boulevard; noting the
following: applicant's agreement to bring the monument sign into conformance with
current city regulations; reduce the logo height to be in equal proportion to the Dunkin
Donuts lettering on the front, east and west side of the building; the lettering to be two
15" stacked with about two inches, similar to what was shown in the application; the
cup would be reduced to match the lettering; the individual letters would include backlit
channel lighting and remove the wording "coffee and more "; two drive - through signs
totaling 4.63 square feet each in the locations that have been identified on the plan;
elimination of window signs and awing signs; and noting that sign variances are
conditional upon the monument sign being brought up to standard.
Motion: Zito
Second: Morris
Ayes: Morris, Terrell, Wang, Zito
Nays: Hill, Muller
Absent: Bledsoe
Approved: 4 -2
Mayor Terrell announced that Council would move to item 10A.
10A. DISCUSS ADOPTION OF A RESOLUTION SUPPORTING THE "FAIR SHARE
FOR CLEAN AIR CAMPAIGN" URGING THE TCEQ TO ADDRESS AIR
POLLUTION ISSUES FROM THE GAS INDUSTRY.
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Page 8 of 10
Mayor Terrell announced that this item was placed on the agenda at the request of
Councilmember Zito.
Councilmember Zito advised the intent of the resolution is to protect air quality in
reasonable and affordable manners for the region. He would like staff to research and
establish a resolution for consideration by Council.
Mr. Jim Schermbeck, P.O. Box 253, Slaton, Texas, spoke in favor of the item.
Mayor Terrell advised that staff would make appropriate changes and place a resolution
on the June 7, 2011 Council meeting agenda.
7. ORDINANCES, FIRST READINGS, AND RELATED ITEMS: (THERE ARE NO
ITEMS ON THIS AGENDA.)
8. RESOLUTIONS: (THERE ARE NO ITEMS ON THIS AGENDA.)
8A. RESOLUTION NO. 11 -019, APPOINT MEMBERS TO THE VARIOUS
SOUTHLAKE 2030 PLAN ELEMENT COMMITTEES.
APPROVED
A motion was made to approve Resolution 11 -019, appointing members to the following
Southlake 2030 Plan Element Committees:
• Councilmember Wang to the Mobility Plan
• Councilmember Wang to the Community Plan
• Councilmember Wang to the Sustainability Plan
• Councilmembers Morris, Muller, Zito, Mayor Terrell (Ex- Officio), Ms. Leslie
Bartlett, Ms. Terri Messing and Merlene Ingraham to the Arts Master Plan
Motion: Hill
Second: Wang
Ayes: Hill, Morris, Muller, Terrell, Wang, Zito
Nays: None
Absent: Bledsoe
Approved: 6 -0
9. OTHER ITEMS FOR CONSIDERATION:
9A. CONSIDER SV11 -008, VARIANCE TO SIGN ORDINANCE NO. 704, AS
AMENDED, FOR DUNKIN DONUTS LOCATED AT 2255 WEST SOUTHLAKE
BOULEVARD.
APPROVED
Council discussed and took action on this item earlier in the meeting.
10. OTHER ITEMS FOR DISCUSSION: (THERE ARE NO ITEMS ON THIS
AGENDA.)
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10A. DISCUSS ADOPTION OF A RESOLUTION SUPPORTING THE "FAIR SHARE
FOR CLEAN AIR CAMPAIGN" URGING THE TCEQ TO ADDRESS AIR
POLLUTION ISSUES FROM THE GAS INDUSTRY.
Council discussed this item earlier in the meeting.
11. MEETING ADJOURNED.
Mayor Terrell adjourned the meeting at 9:07 p.m.
*An audio recording of this meeting will be permanently retained in the City Secretary's
Office.
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John Terrell
Mayor
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REGULAR CITY COUNCIL MEETING MINUTES, May 17, 2011
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