2011-08-16 Regular CC Meeting CITY OF
SOUTHLAKE
TEXAS
REGULAR CITY COUNCIL MEETING: AUGUST 16, 2011
LOCATION: 1400 Main Street, Southlake, Texas 76092
Council Chambers in Town Hall
WORK SESSION: 5:30 P.M.
1. Call to order.
2. Invocation: Zack Polyak, Chaplain of the Month.
3. Water System Status Update
4. Ordinance No. 880 -B - Revisions to Chapter 9.5 of the City of Southlake's City
Code
article IV - Gas and Oil Well Drilling and Production
5. Discuss all items on tonight's meeting agenda. No action will be taken and each
item will be considered during the Regular Session.
REGULAR SESSION: Immediately following the work session
1. Call to order.
2. A. Executive Session: Pursuant to the Open Meetings Act, Chapter 551,
Texas Government Code, Sections 551.071, 551.072, 551.073, 551.074,
551.076, 551.087, 418.183(0, and 418.106(d) & (e). Refer to posted list
attached hereto and incorporated herein. Executive Session may be
held, under these exceptions, at the end of the Regular Session or at
any time during the meeting that a need arises for the City Council to
seek advice from the City Attorney as to the posted subject matter of
this City Council meeting.
1. Section 551.071: Consultation with attorney
a. Seek the advice of the city attorney regarding legal issues
related to recent legislation.
b. Seek the advice of the city attorney regarding gas drilling
and production and gas utility companies.
c. Seek the advice of the city attorney regarding pending XTO
and Energy Transfer Specific Use Permit, Gas Well Permit
and Pipeline Permit applications.
d. Seek the advice of the city attorney regarding pending
litigation.
e. Seek the advice of the city attorney regarding boards and
commissions.
City of Southlake values:
Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork
City of Southlake
City Council meeting agenda
August 16, 2011
Page 2 of 7
f. Seek the advice of the city attorney regarding CISD and City
ordinances.
2. Section 551.072: Deliberation regarding real property
a. Discuss the potential purchase or lease of real property for
city facilities and projects.
3. Section 551.074: Deliberation regarding personnel matters
a. Deliberate the appointments of city board and commission
members.
4. Section 551.087: Deliberation regarding economic
development negotiations
a. Economic incentives for businesses.
B. Reconvene: Action necessary on items discussed in Executive Session.
3. REPORTS:
A. Mayor's Report
1. Update of upcoming meetings and events.
B. City Manager's Report
CONSENT AGENDA: All items listed below are considered to be routine by the City
Council and will be enacted with one motion. There will be no separate discussion of
items unless a Councilmember or citizen so requests, in which event the item will be
removed from the general order of business and considered in its normal sequence.
4. Consent:
A. Approve the minutes from the June 27 -28, 2011 City Council June Retreat
and the August 2, 2011 regular City Council meeting.
B. Approve the purchase of right of way and easements for Woodland
Heights Connector improvements from property at 2121 East Southlake
Boulevard in the amount of $74,085.
C. Ordnance No. 1011, 1 Reading, Approving a negotiated resolution
between the Atmos cities steering committee ( "ACSC" or "Steering
Committee ") and Atmos Energy Corp., Mid -Tex Division ( "Atmos MID -
TEX" or "company ") regarding the company's fourth annual rate review
mechanism ( "RRM ") filing in all cities exercising original jurisdiction;
declaring existing rates to be unreasonable; adopting tariffs that reflect
rate adjustments consistent with the negotiated settlement and finding the
rates to be set by the attached tariffs to be just and reasonable; requiring
the company to reimburse cities' reasonable ratemaking expenses;
City of Southlake values:
Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork
City of Southlake
City Council meeting agenda
August 16, 2011
Page 3 of 7
repealing conflicting resolutions or ordinances; determining that this
ordinance was passed in accordance with the requirements of the Texas
open meetings act; adopting a savings clauses; declaring an effective
date; and requiring delivery of this ordinance to the company and the
steering committee's legal counsel. (If approved at 1st Reading, the
Public Hearing for this item will be held on September 6, 2011.)
D. Approve the purchase of right of way and easements for Woodland
Heights Connector improvements from property at 205 Westwood Drive in
the amount of $110,715.
E. Resolution No. 11 -040, Appointment of Planning & Zoning Commissioners
to the Southlake 2030 Mobility Plan Committee and the Southlake 2030
Water, Wastewater, and Stormwater Master Plan Committee.
F. Ordinance No. 1013, 1 Reading, An ordinance amending Chapter 2 ,
Article X, Section 2 -421 of the City of Southlake Code to provide the
Director of Planning and Development Services or his or her designees
with the power to issue citations for violation of the city code. (If approved
at 1st Reading, the Public Hearing for this item will be held on September
6, 2011.)
G. Ordinance No. 480 -439, (ZA11 -027), 2 Reading, Zoning Change and
Site Plan /Concept Plan for Cornerstone Business Park on property
described as Lot 1R, 2R1 R, 3R, 5R1 and 4R, Block 5, Cornerstone
Business Park, Southlake, Tarrant County, Texas and being located at
305, 405, 415, 505 and 515 South Nolen Drive, Southlake, Texas. Current
Zoning: S -P -2 — General Site Plan District with 11 — Light Industrial Uses.
Requested Zoning: S -P -2 — General Site Plan District with 11 — Light
Industrial Uses. SPIN Neighborhood #8. THIS ITEM WAS PUBLISHED
FOR A PUBLIC HEARING ON AUGUST 16, 2011. THE ITEM HAS
BEEN ADMINISTRATIVELY TABLED INDEFINITELY.
H. Ordinance No. 480 -497a (ZA11 -025), 2 Reading, Zoning Change and
Site Plan for Kimball Crossing on property described as Lots 1 and 2,
Block 1, Ethan Allen 1709 Addition, Southlake, Tarrant County, Texas and
a portion of Tract 1B2, John A. Freeman Survey, Abstract No. 529 and
being located at 2171, 2175 and 2185 East Southlake Boulevard,
Southlake, Texas. Current Zoning: S -P -1 - Detailed Site Plan District and
B1 - Business Service Park District. Requested Zoning: S -P -1 - Detailed
Site Plan District. SPIN Neighborhood #8. THE APPLICANT HAS
REQUESTED TO TABLE THIS ITEM AND THE PUBLIC HEARING TO
THE SEPTEMBER 6, 2011 CITY COUNCIL MEETING.
City of Southlake values:
Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork
City of Southlake
City Council meeting agenda
August 16, 2011
Page 4 of 7
I. ZA10 -026, Plat Revision for Lot 1, Block 1, Kimball Crossing being a
revision of property described as Lots 1 and 2, Block 1, Ethan Allen 1709
Addition, Southlake, Tarrant County, Texas and a portion of Tract 1 B2,
John A. Freeman Survey, Abstract No. 529 and being located at 2175 and
2185 East Southlake Boulevard, Southlake, Texas. Current Zoning: S -P -1
- Detailed Site Plan District and B1 - Business Service Park District.
Proposed Zoning: S -P -1 - Detailed Site Plan District. SPIN Neighborhood
# 8. THE APPLICANT HAS REQUESTED TO TABLE THIS ITEM AND
THE PUBLIC HEARING TO THE SEPTEMBER 6, 2011 CITY COUNCIL
MEETING.
J. Ordinance No. 480 -605 (ZA10 -067), 1 Reading, Zoning Change and Site
Plan for Watermere Medical Plaza on property described as Lot 1, Block
1, Slayton Addition, Southlake, Tarrant County, Texas and being located
at 2813 West Southlake Boulevard, Southlake, Texas. Current Zoning:
SF -1A — Single Family Residential District. Requested Zoning: 01 — Office
District. SPIN Neighborhood #11. City Council tabled this item at their
August 2, 2011 meeting. THE APPLICANT HAS REQUESTED TO
TABLE THIS ITEM AND THE PUBLIC HEARING TO THE SEPTEMBER
6, 2011 CITY COUNCIL MEETING.
REGULAR AGENDA:
5. Public Forum.
(The Public Forum will not begin prior to 7:00 p.m. This is the public's opportunity
to address the City Council about non - agenda items. During this proceeding, the
City Council will not discuss, consider or take action on any item presented. We
respectfully ask that anyone stepping forward to speak during Public Forum to
please limit remarks to three minutes or less.)
6. Ordinances, second readings, public hearings, and related items:
A. Ordinance No. 480 -GGGG, 2nd Reading, being an amendment to Zoning
Ordinance No. 480, as amended, as it pertains to personal care facilities,
including nursing and care homes. PUBLIC HEARING
B. ZA11 -031, Site Plan for Dunkin' Donuts on property described as Lot 3R2,
Block 1, Southlake Crossing Phase I, Southlake, Tarrant County, Texas
and being located at 2255 West Southlake Boulevard, Southlake, Texas.
Current Zoning: C -3 - General Commercial District. SPIN Neighborhood #
10. PUBLIC HEARING
7. Ordinances, first readings, and related items:
City of Southlake values:
Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence • Teamwork
City of Southlake
City Council meeting agenda
August 16, 2011
Page 5 of 7
A. Ordinance No. 1009, 1 Reading, Approve Carroll /1709 Small Area Plan,
a component of the Southlake 2030 Land Use Plan. (If approved at 1st
Reading, the Public Hearing for this item will be held on September 6,
2011.)
B. Ordinance No. 1010, 1 Reading, Approve Crooked /Kimball Small Area
Plan, a component of the Southlake 2030 Land Use Plan. (If approved at
1st Reading, the Public Hearing for this item will be held on September 6,
2011.)
8. Resolutions:
A. Resolution No. 11 -038, Appoint members to the Zoning Board of
Adjustment.
9. Other items for consideration:
A. SV11 -011, Variance to Sign Ordinance No. 704 as amended for Chapel
Hill Office Park located at 211 -281 East Southlake Boulevard, Southlake,
Texas.
B. Approve the purchase of right of way for FM1938 Phase 2 from the
property at 1202 Randol Mill Avenue in the amount of $219,778.
10. Other items for discussion:
A. FY2012 Proposed Budget — Strategic Investments
11. Meeting adjourned.
CERTIFICATE
I hereby certify that the above agenda was posted on the official bulletin boards at Town
Hall, 1400 Main Street, Southlake, Texas, on Friday, August 12, 2011 by 6:00 p.m.,
pursuant to the Texas Government Code, Chapter 551.
the • eN a0 • •
Tara Brooks AN ;
Deputy City Secretary J\
'•. •••....•
If you plan to attend this i b,lic irtir4eig and have a disability that requires special
needs, please advise the City Secretary's Office 48 hours in advance at 817 - 748 -8016
and reasonable accommodations will be made to assist you.
City of Southlake values:
Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork
City of Southlake
City Council meeting agenda
August 16, 2011
Page6of7
EXECUTIVE SESSION
Section 551.071: Consultation with attorney
The City Council may conduct a private consultation with its attorney when the City
Council seeks the advice of its attorney concerning any item on this agenda, about
pending and contemplated litigation, or a settlement offer, or on a matter in which the
duty of the attorney to the City Council under the Texas Disciplinary Rules of
Professional Conduct of the State Board of Texas clearly conflicts with Chapter 551.
This includes the following pending and /or contemplated litigation subjects:
1. Jayson Steele vs. City of Southlake. August 2008.
2. Pending Public Information Act requests.
3. Texas Attorney General litigation defending the constitutionality of the Texas
Open Meetings Act.
4. Legal issues regarding the Barnett Shale gas extraction and transportation.
5. Cause No. 153 - 252281 -11; Southlake Taxpayers Against Neighborhood Drilling
(STAND) vs. City of Southlake et al.
6. Todd Tracy, et al. vs. City of Southlake. May 2011.
Section 551.072: Deliberation regardinq real property
The City Council may conduct a closed meeting to deliberate the purchase, exchange,
lease or value of real property.
Section 551.073: Deliberation regardinq prospective gift or donation
The City Council may conduct a closed meeting to deliberate a negotiated contract for a
prospective gift or donation to the City.
Section 551.074: Deliberation regarding personnel matters
The City Council may deliberate the appointment, employment, evaluation,
reassignment, duties, discipline, or dismissal of public officers, including the City
Manager, City Secretary, City Attorney, Municipal Judge and city boards and
commission members. A complete list of the city boards and commissions is on file in
the City Secretary's Office.
Section 551.076: Deliberation regardinq security devices
The City Council may deliberate the deployment, or specific occasions for
implementation of security personnel or devices.
Section 551.087: Deliberation regarding economic development negotiations
The City Council may discuss or deliberate regarding commercial or financial
information received from a business prospect that the city seeks to have locate, stay,
or expand in or near the city and which the City is conducting economic development
negotiations; or to deliberate the offer of a financial or other incentive to a business
prospect as described above.
City of Southlake values:
Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork
City of Southlake
City Council meeting agenda
August 16, 2011
Page 7 of 7
Section 418.183(f): Texas Disaster Act
The City Council may deliberate information: 1) for purposes of preventing,
investigating, or responding to an act of terrorism or related criminal activity and
involving emergency response providers, their staffing, contact information and tactical
plans; 2) that relates to the risk or vulnerability of persons or property, including
infrastructure, to an act of terrorism; 3) that relates to the assembly of an explosive
weapon, the location of a material that may be used in a chemical, biological or
radioactive weapon, or unpublished information pertaining to vaccines or devices to
detect biological agents or toxins; 4) that relates to details of the encryption codes or
security keys for a public communication system; 5) that relates to a terrorism - related
report to an agency of the United States; 6) that relates to technical details of particular
vulnerabilities of critical infrastructure to an act of terrorism; 7) that relates to information
regarding security measures or security systems intended to protect public and private
property from an act of terrorism. The Texas Disaster Act specifically requires that a
tape recording of the closed meeting be made.
Section 418.106(d) & (e): Local meetings to discuss emergency management plans
regarding pipeline safety
The City Council may discuss emergency management plans involving pipeline safety
and /or security of pipeline infrastructures or facilities when those plans or discussions
contain such sensitive information.
City of Southlake values:
Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork
CITY OF
SOUTHLAKE
TEXAS
REGULAR CITY COUNCIL MEETING MINUTES: August 16, 2011
LOCATION: 1400 Main Street, Southlake, Texas 76092
City Council Chambers
CITY COUNCIL PRESENT: Mayor John Terrell, Mayor Pro Tem Brandon Bledsoe,
Deputy Mayor Pro Tem Pamela Muller and Councilmembers Carolyn Morris, Jeff Wang,
Martin Schelling and Al Zito.
CITY COUNCIL ABSENT: None
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 Economic Development Greg Last, Director of Human Resources Stacey
Black, Director of Planning and Development Services Ken Baker, Planner I Clayton
Comstock, Planner I Lorrie Fletcher, Chief of Fire Services Mike Starr, Interim Chief of
Police Services Rusty Daniels, Director of Public Works Robert Price, City Attorney Tim
Sralla, and City Secretary Alicia Richardson.
WORK SESSION:
1. CALL TO ORDER
The Work Session was called to order by Mayor Terrell at 5:35 p.m.
2. INVOCATION
Mr. Zack Polyak with Southlake Baptist Church gave the invocation. Mayor Terrell led
the pledge of allegiance.
Mayor Terrell advised that Council would move to item 4.
4. ORDINANCE NO. 880 -B - REVISIONS TO CHAPTER 9.5 OF THE CITY OF
SOUTHLAKE'S CITY CODE ARTICLE IV - GAS AND OIL WELL DRILLING
AND PRODUCTION.
Director of Planning and Development Ken Baker presented item for Council. The
presentation included a summary of the changes discussed at the August 2, 2011 City
Council work session. As requested by Council, Mr. Baker provided a comparison of oil
and gas well ordinance regulations for Southlake and the Town of Flower Mound. Mr.
REGULAR CITY COUNCIL MEETING MINUTES, August 16, 2011
Page 1 of 12
Baker informed Council the discussion regarding setbacks would be addressed at the
September 6, 2011 meeting.
Council and staff discussed the proposed changes and provided comments to Mr.
Baker. Council directed staff to incorporate the changes as discussed and bring
forward a revised ordinance at the August 23, 2011 meeting.
3. WATER SYSTEM STATUS UPDATE.
Director of Public Works Bob Price provided an update on the City's water system and
the city's decision to initiate Stage 1 water restrictions. In attendance with Mr. Price
were Operations Manager Chuck Kendrick, Water Supervisor Kyle Flanagan, and
Environmental Coordinator Christi Upton. Mr. Price's presentation included a historical
review of the city's water infrastructure investments; Stage 1 restrictions, water usage
comparison between 2009 and August 8, 2011; ongoing system improvements; and the
Water Irrigation System Evaluations (W.I.S.E. Guys) program that provides Southlake
residents with a comprehensive evaluation on their irrigation system.
4. ORDINANCE NO. 880 -B - REVISIONS TO CHAPTER 9.5 OF THE CITY OF
SOUTHLAKE'S CITY CODE ARTICLE IV - GAS AND OIL WELL DRILLING
AND PRODUCTION.
Council discussed this item earlier in the evening.
5. DISCUSS ALL ITEMS ON TONIGHT'S MEETING AGENDA. NO ACTION WILL
BE TAKEN AND EACH ITEM WILL BE CONSIDERED DURING THE
REGULAR SESSION.
No action will be taken and each item will be considered during the Regular Session.
Mayor Terrell read the consent agenda items. Mayor Pro Tem Bledsoe advised that he
would abstain from voting on the June 27 -28, 2011 City Council June Retreat minutes.
Council member Zito commented that he would abstain from voting on the June 28,
2011 City Council June Retreat minutes.
The consensus of Council was to move Items 7A and 9B to the consent agenda.
Mayor Terrell announced that he received two public comment cards pertaining to item
4D. Mayor Terrell advised that he would allow public comments.
Mr. Pat Fritchie, 218 Westwood Drive, spoke about the road and wall going in at 207
Westwood. He commented on the funds that Woodland Heights HOA will allocate for
the construction of the wall.
REGULAR CITY COUNCIL MEETING MINUTES, August 16, 2011
Page 2 of 12
Mr. Ray Grupp, 222 Westwood Drive, spoke in opposition of the item. Mr. Grupp
advised that he was not aware of the road and wall construction. The first he heard of
the project was last Friday.
At the request of Mayor Terrell, Director of Public Works Bob Price provided a status
update on the project. Mr. Price informed the public and Council that a SPIN meeting
was held on November 9, 2009. At this meeting, two options were presented and the
residents in attendance chose the north option (located between commercial and
residential property).
REGULAR SESSION:
1. CALL TO ORDER
The Regular Session of the City Council was called to order by Mayor Terrell at 7:17
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
7:17 p.m. Executive Session began at 7:28 p.m. and concluded at 8:25 p.m.
2B. RECONVENE
Mayor Terrell reconvened the regular meeting at 8:35 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.
B. City Manager's Report —
None.
REGULAR CITY COUNCIL MEETING MINUTES, August 16, 2011
Page 3 of 12
4. CONSENT AGENDA (Items 4A -J) 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 JUNE 27 -28, 2011 CITY COUNCIL
JUNE RETREAT AND THE AUGUST 2, 2011 REGULAR CITY COUNCIL
MEETING.
Mayor Pro Tem Bledsoe abstained from the June 27 -28, 2011 City Council June
Retreat minutes. Council member Zito commented that he would abstain from voting on
the June 28, 2011 City Council June Retreat minutes.
4B. APPROVE THE PURCHASE OF RIGHT OF WAY AND EASEMENTS FOR
WOODLAND HEIGHTS CONNECTOR IMPROVEMENTS FROM PROPERTY AT
2121 EAST SOUTHLAKE BOULEVARD IN THE AMOUNT OF $74,085.
4C. ORDNANCE NO. 1011, 1 READING, APPROVING A NEGOTIATED
RESOLUTION BETWEEN THE ATMOS CITIES STEERING COMMITTEE
( "ACSC" OR "STEERING COMMITTEE ") AND ATMOS ENERGY CORP., MID -
TEX DIVISION ( "ATMOS MID -TEX" OR "COMPANY ") REGARDING THE
COMPANY'S FOURTH ANNUAL RATE REVIEW MECHANISM ( "RRM ") FILING
IN ALL CITIES EXERCISING ORIGINAL JURISDICTION; DECLARING
EXISTING RATES TO BE UNREASONABLE; ADOPTING TARIFFS THAT
REFLECT RATE ADJUSTMENTS CONSISTENT WITH THE NEGOTIATED
SETTLEMENT AND FINDING THE RATES TO BE SET BY THE ATTACHED
TARIFFS TO BE JUST AND REASONABLE; REQUIRING THE COMPANY TO
REIMBURSE CITIES' REASONABLE RATEMAKING EXPENSES; REPEALING
CONFLICTING RESOLUTIONS OR ORDINANCES; DETERMINING THAT THIS
ORDINANCE WAS PASSED IN ACCORDANCE WITH THE REQUIREMENTS
OF THE TEXAS OPEN MEETINGS ACT; ADOPTING A SAVINGS CLAUSES;
DECLARING AN EFFECTIVE DATE; AND REQUIRING DELIVERY OF THIS
ORDINANCE TO THE COMPANY AND THE STEERING COMMITTEE'S LEGAL
COUNSEL. (IF APPROVED AT 1ST READING, THE PUBLIC HEARING FOR
THIS ITEM WILL BE HELD ON SEPTEMBER 6, 201t)
4D. APPROVE THE PURCHASE OF RIGHT OF WAY AND EASEMENTS FOR
WOODLAND HEIGHTS CONNECTOR IMPROVEMENTS FROM PROPERTY
AT 205 WESTWOOD DRIVE IN THE AMOUNT OF $110,715.
Director of Public Works Bob Price provided an update on the project during work
session.
4E. RESOLUTION NO. 11 -040, APPOINTMENT OF PLANNING & ZONING
COMMISSIONERS TO THE SOUTHLAKE 2030 MOBILITY PLAN COMMITTEE
REGULAR CITY COUNCIL MEETING MINUTES, August 16, 2011
Page 4 of 12
AND THE SOUTHLAKE 2030 WATER, WASTEWATER, AND STORMWATER
MASTER PLAN COMMITTEE.
4F. ORDINANCE NO. 1013, 1 READING, AN ORDINANCE AMENDING
CHAPTER 2 , ARTICLE X, SECTION 2 -421 OF THE CITY OF SOUTHLAKE
CODE TO PROVIDE THE DIRECTOR OF PLANNING AND DEVELOPMENT
SERVICES OR HIS OR HER DESIGNEES WITH THE POWER TO ISSUE
CITATIONS FOR VIOLATION OF THE CITY CODE. (IF APPROVED AT 1ST
READING, THE PUBLIC HEARING FOR THIS ITEM WILL BE HELD ON
SEPTEMBER 6, 201t)
4G. ORDINANCE NO. 480 -439, (ZA11 -027), 2 READING, ZONING CHANGE
AND SITE PLAN /CONCEPT PLAN FOR CORNERSTONE BUSINESS PARK
ON PROPERTY DESCRIBED AS LOT 1 R, 2R1 R, 3R, 5R1 AND 4R, BLOCK 5,
CORNERSTONE BUSINESS PARK, SOUTHLAKE, TARRANT COUNTY,
TEXAS AND BEING LOCATED AT 305, 405, 415, 505 AND 515 SOUTH
NOLEN DRIVE, SOUTHLAKE, TEXAS. CURRENT ZONING: S -P -2 -
GENERAL SITE PLAN DISTRICT WITH 11 - LIGHT INDUSTRIAL USES.
REQUESTED ZONING: S -P -2 - GENERAL SITE PLAN DISTRICT WITH 11 -
LIGHT INDUSTRIAL USES. SPIN NEIGHBORHOOD #8. THIS ITEM WAS
PUBLISHED FOR A PUBLIC HEARING ON AUGUST 16, 2011. THE ITEM
HAS BEEN ADMINISTRATIVELY TABLED INDEFINITELY.
4H. ORDINANCE NO. 480 -497A (ZA11 -025), 2 READING, ZONING CHANGE
AND SITE PLAN FOR KIMBALL CROSSING ON PROPERTY DESCRIBED AS
LOTS 1 AND 2, BLOCK 1, ETHAN ALLEN 1709 ADDITION, SOUTHLAKE,
TARRANT COUNTY, TEXAS AND A PORTION OF TRACT 1B2, JOHN A.
FREEMAN SURVEY, ABSTRACT NO. 529 AND BEING LOCATED AT 2171,
2175 AND 2185 EAST SOUTHLAKE BOULEVARD, SOUTHLAKE, TEXAS.
CURRENT ZONING: S -P -1 - DETAILED SITE PLAN DISTRICT AND B1 -
BUSINESS SERVICE PARK DISTRICT. REQUESTED ZONING: S -P -1 -
DETAILED SITE PLAN DISTRICT. SPIN NEIGHBORHOOD #8. THE
APPLICANT HAS REQUESTED TO TABLE THIS ITEM AND THE PUBLIC
HEARING TO THE SEPTEMBER 6, 2011 CITY COUNCIL MEETING.
41. ZA10 -026, PLAT REVISION FOR LOT 1, BLOCK 1, KIMBALL CROSSING
BEING A REVISION OF PROPERTY DESCRIBED AS LOTS 1 AND 2, BLOCK
1, ETHAN ALLEN 1709 ADDITION, SOUTHLAKE, TARRANT COUNTY, TEXAS
AND A PORTION OF TRACT 1B2, JOHN A. FREEMAN SURVEY, ABSTRACT
NO. 529 AND BEING LOCATED AT 2175 AND 2185 EAST SOUTHLAKE
BOULEVARD, SOUTHLAKE, TEXAS. CURRENT ZONING: S -P -1 - DETAILED
SITE PLAN DISTRICT AND B1 - BUSINESS SERVICE PARK DISTRICT.
PROPOSED ZONING: S -P -1 - DETAILED SITE PLAN DISTRICT. SPIN
NEIGHBORHOOD # 8. THE APPLICANT HAS REQUESTED TO TABLE THIS
ITEM AND THE PUBLIC HEARING TO THE SEPTEMBER 6, 2011 CITY
COUNCIL MEETING.
REGULAR CITY COUNCIL MEETING MINUTES, August 16, 2011
Page 5 of 12
4J. ORDINANCE NO. 480 -605 (ZA10 -067), 1 READING, ZONING CHANGE AND
SITE PLAN FOR WATERMERE MEDICAL PLAZA ON PROPERTY
DESCRIBED AS LOT 1, BLOCK 1, SLAYTON ADDITION, SOUTHLAKE,
TARRANT COUNTY, TEXAS AND BEING LOCATED AT 2813 WEST
SOUTHLAKE BOULEVARD, SOUTHLAKE, TEXAS. CURRENT ZONING: SF-
1A — SINGLE FAMILY RESIDENTIAL DISTRICT. REQUESTED ZONING: 01 —
OFFICE DISTRICT. SPIN NEIGHBORHOOD #11. CITY COUNCIL TABLED
THIS ITEM AT THEIR AUGUST 2, 2011 MEETING. THE APPLICANT HAS
REQUESTED TO TABLE THIS ITEM AND THE PUBLIC HEARING TO THE
SEPTEMBER 6, 2011 CITY COUNCIL MEETING.
As discussed in early work session, Items 7A and 9B were moved to the consent
agenda.
A motion was made to approve the consent agenda, including Items 7A and 9B. Mayor
Pro Tem Bledsoe abstained from the June 27 -28, 2011 City Council June Retreat
minutes and Council member Zito abstained from voting on the June 28, 2011 City
Council June Retreat minutes.
Motion: Bledsoe
Second: Morris
Ayes: Bledsoe, Morris, Muller, Schelling, Terrell, Zito, Wang
Nays: None
Approved: 7 -0
REGULAR AGENDA:
5. PUBLIC FORUM
Mayor Terrell opened the public forum.
Mr. Pat Moore, 1221 Morgan Road, spoke about the unreliable service of their electric
service provider in their neighborhood. He was present to enlist Council's assistance
regarding the service provided by Oncor.
City Manager Shana Yelverton informed Council that staff was notified of the issue and
Assistant City Manager Ben Thatcher has been in contact with Oncor's representative.
Mr. Dave Beeson, 1334 Forest Lane, spoke about the service provided by Oncor. Mr.
Beeson asked Council if the city can approve an ordinance identifying time limits to
restore service.
Mayor Terrell commented that staff would work with the electric service provider to
address their concerns.
REGULAR CITY COUNCIL MEETING MINUTES, August 16, 2011
Page 6 of 12
Mr. Steve Perry, 1356 Woodbrook Lane, spoke about the electric outages in their
neighborhood. He commented that he always has outages and adjacent neighbors with
Tri- County do not experience the same outages. Mr. Perry thanked Ben Thatcher for
his assistance in putting him in touch with an Oncor representative. Mr. Perry asked for
Council's assistance to address his concern.
Ms. Fran Halbouty, 1355 Woodbrook Lane, did not wish to speak, but was present to
notify Council of the electric outages in her neighborhood.
Mr. Charles Griffith, 2718 York Court, spoke about the approval process of the oil and
gas well ordinance. He asked Council to move forward with the ordinance.
Mr. George and LouAnn Heath, 1351 Lakeview Drive, did not wish to speak, but
advised they are concerned with the power outages.
Mr. Bill Spivey, 1520 Randol Mill, advised that he is representing Randol Mill East
Group (RMEG), which is a mineral rights group. He stated that RMEG is in favor of
responsible, safe drilling and against the taking of mineral rights.
Mr. Michael Guidotti, 1301 Province Lane, spoke about the economics of natural gas
drilling.
Mr. Greg Standerfer, 1130 North Carroll Avenue, spoke about the water conservation
and the city's lack of infrastructure to provide water resources. Mr. Standefer also
spoke about the oil and gas well ordinance.
Ms. Cynthia Day, 1620 Byron Nelson Parkway, spoke about the oil and gas well
ordinance and use of city water. Ms. Day is not in favor of the city providing water.
Mr. Gordon Aalund, 200 East Chapel Downs, spoke in support of the city adopting as
close a model of the Town of Flower Mound oil and gas well ordinance.
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. 480 -GGGG, 2 READING, BEING AN AMENDMENT TO
ZONING ORDINANCE NO. 480, AS AMENDED, AS IT PERTAINS TO
PERSONAL CARE FACILITIES, INCLUDING NURSING AND CARE HOMES.
PUBLIC HEARING
APPROVED
Planner II Clayton Comstock presented item to council and was available to answer
questions from Council.
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Page 7 of 12
The Council had considerable discussion regarding assisted living facilities.
Mayor Terrell opened the public hearing and asked for anyone wishing to speak on the
item to come forward.
There being no one else wising to speak, Mayor Terrell closed the public hearing.
A motion was made to approve 480 -GGGG, 2nd reading, being an amendment to
Zoning Ordinance No. 480, with the stipulation to change the minimum square footage
of the Type B efficiency unit to 250 square foot and the specific use language for
Assisted Living Facilities to read as follows: "May be located in transitional areas
adjacent to low and medium density residential developments when compatible and
shall be subject to the requirements set forth in Section 45.9 of this ordinance. (As
amended by Ordinance No. 480 -Y.) ".
Motion: Bledsoe
Second: Morris
Ayes: Bledsoe, Morris, Muller, Terrell, Schelling, Zito, Wang
Nays: None
Approved: 7 -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;
AS IT PERTAINS TO PERSONAL CARE FACILITIES, INCLUDING NURSING AND
CARE HOMES; 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.
6B. ZA11 -031, SITE PLAN FOR DUNKIN' DONUTS ON PROPERTY DESCRIBED
AS LOT 3R2, BLOCK 1, SOUTHLAKE CROSSING PHASE I, SOUTHLAKE,
TARRANT COUNTY, TEXAS AND BEING LOCATED AT 2255 WEST
SOUTHLAKE BOULEVARD, SOUTHLAKE, TEXAS. CURRENT ZONING: C -3
- GENERAL COMMERCIAL DISTRICT. SPIN NEIGHBORHOOD # 10.
PUBLIC HEARING
APPROVED
Planner II Clayton Comstock presented item to Council and was available to answer
questions. Mr. Comstock's review included future land use designation, current zoning
and proposed zoning for property, site plan, elevation plan, and landscape plan. Mr.
Comstock outlined the variances requested by the applicant. The Planning and Zoning
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Page 8 of 12
Commission at their August 4, 2011 meeting, approved the variance by a vote of 4 -0, to
allow the wood columns to be used and subject to the staff report dated July 29, 2011.
The applicant has revised the trellis /pergola detail to show concrete pergola footers clad
in stucco to match the remainder of the building.
Council member Wang left the meeting at 9:43 p.m. and returned at 9:46 p.m.
Applicant Tom Loscheider, 1028 Cove Meadow Court, Cedar Hill, Texas presented item
and was available to answer questions from Council.
Council and applicant discussed the requested variances, landscaping and site plan.
Council member Morris left the meeting at 10:13 p.m. and returned at 10:18 p.m.
Mayor Terrell opened the public hearing and asked for anyone wishing to speak on the
item to come forward.
There being no one else wising to speak, Mayor Terrell closed the public hearing.
A motion was made to approve ZA11 -031, Site Plan for Dunkin Donuts, waiving the
masonry requirement for the trellis and replacing with wood columns pursuant to the
pergola detail provided in the staff report; waiving the trash receptacle enclosure height
requirement, subject to the reduction of that requirement to accommodate one trash
receptacle and having appropriate landscaping (at least be 6' in height) and screening
(lower shrubs surrounding the enclosure) on the northern side of the receptacle; the
applicant will add appropriate signage with the new interior drive through access for
traffic control purposes; and pursuant to the staff report dated July 29, 2011.
Motion: Bledsoe
Second: Zito
Ayes: Bledsoe, Morris, Schelling, Terrell, Zito, Wang
Nays: Muller
Approved: 6 -1
Mayor Terrell recessed the meeting at 10:22 p.m.
Mayor Terrell reconvened the meeting at 10:32 p.m. all members present except
Council member Zito.
7. ORDINANCES, FIRST READINGS, AND RELATED ITEMS:
7A. ORDINANCE NO. 1009, 1 READING, APPROVE CARROLL /1709 SMALL
AREA PLAN, A COMPONENT OF THE SOUTHLAKE 2030 LAND USE PLAN.
(IF APPROVED AT 1ST READING, THE PUBLIC HEARING FOR THIS ITEM
WILL BE HELD ON SEPTEMBER 6, 2011.)
APPROVED
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This item was considered and approved with the consent agenda.
7B. ORDINANCE NO. 1010, 1 READING, APPROVE CROOKED /KIMBALL
SMALL AREA PLAN, A COMPONENT OF THE SOUTHLAKE 2030 LAND
USE PLAN. (IF APPROVED AT 1ST READING, THE PUBLIC HEARING FOR
THIS ITEM WILL BE HELD ON SEPTEMBER 6, 2011.)
APPROVED
Planner II Clayton Comstock summarized item and was available to answer questions
from Council.
Council member Zito returned to the meeting at 10:42 p.m.
The Council had considerable discussion regarding the proposed small area plan.
A motion was made to approve Ordinance No. 1010, 1 reading for the
Crooked /Kimball small area plan, which is a component of the Southlake 2030 land use
plan; rejecting the Planning and Zoning Commission recommendation, but leaving the
office /commercial area to the north as mixed use; the low density residential cluster to
the southwest as presented; and with staff coming back with recommendations
regarding flexibility and appropriateness of mixed use as it migrates from the south
toward the low density designation, which would encompass a comprehensive planning
approach for the changes to the low density clutter recommendation.
Motion: Bledsoe
Second: Morris
Ayes: Bledsoe, Morris, Muller, Schelling, Terrell, Zito, Wang
Nays: None
Approved: 7 -0
8. RESOLUTIONS:
8A. RESOLUTION NO. 11 -038, APPOINT MEMBERS TO THE ZONING BOARD OF
ADJUSTMENT.
APPROVED
A motion was made to approve Resolution No. 11 -038, appointing Mr. Daniel Kubiak to
Alternate 3, term expiring May 2013.
Motion: Bledsoe
Second: Schelling
Ayes: Bledsoe, Morris, Muller, Schelling, Terrell, Zito, Wang
Nays: None
Approved: 7 -0
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Page 10 of 12
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,
APPOINTING MEMBERS TO THE ZONING BOARD OF ADJUSTMENT; AND
PROVIDING AN EFFECTIVE DATE.
9. OTHER ITEMS FOR CONSIDERATION:
9A. SV11 -011, VARIANCE TO SIGN ORDINANCE NO. 704 AS AMENDED FOR
CHAPEL HILL OFFICE PARK LOCATED AT 211 -281 EAST SOUTHLAKE
BOULEVARD, SOUTHLAKE, TEXAS.
APPROVED
Planner II Clayton Comstock summarized item and was available to answer questions
from Council.
Applicant John Pickier, 805 Shadow Glenn Drive, presented item and answered
questions from Council.
A motion was made to approve SV11 -011, variance to Sign Ordinance No. 704 as
amended for the Chapel Hill Office Park located at 211 to 281 East Southlake
Boulevard; approving the minimum setback variance and minimum separation variance;
rejecting the maximum number of tenant panels and limiting the number of tenant
panels to six per sign base; the applicant will also include the addresses of the building
for each sign panel face and the font will have a consistent character for each tenant
panel; and the tenant acknowledges the panel will be up lighted from below the sign
structure.
Motion: Bledsoe
Second: Morris
Ayes: Bledsoe, Morris, Muller, Schelling, Terrell, Zito, Wang
Nays: None
Approved: 7 -0
9B. APPROVE THE PURCHASE OF RIGHT OF WAY FOR FM 1938 PHASE 2
FROM THE PROPERTY AT 1202 RANDOL MILL AVENUE IN THE AMOUNT
OF $219,778.
APPROVED
This item was considered and approved with the consent agenda.
10. OTHER ITEMS FOR DISCUSSION:
10A. FY2012 PROPOSED BUDGET — STRATEGIC INVESTMENTS
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Page 11 of 12
Mayor Terrell announced that Council would discuss this item at the August 23, 2011
City Council meeting.
11. MEETING ADJOURNED.
Mayor Terrell adjourned the meeting at 11: 48 p.m.
*An audio recording of this meeting will be permanently retained in the City Secretary's
Office,
„(
John Ter
Mayor
ATTEST:
£1164
Alicia Richardson =
>• ' ' -
City Secretary
t)%.
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REGULAR CITY COUNCIL MEETING MINUTES, August 16, 2011
Page 12 of 12