Item 5ACity of Southlake
CITY COUNCIL MEETING
March 19, 2002
MINUTES
CITY COUNCIL PRESENT Mayor Rick Stacy (7:37p.m.), Mayor Pro Tern W. Ralph Evans,
Councilmembers: Rex Potter, Keith Shankland, Greg Standerfer, and Tom Stephen.
STAFF PRESENT City Manager Billy Campbell, Asst. City Manager Shana Yelverton, Assistant to the
City Manager John Eaglen, Community Services Director Kevin Hugman, Finance Director Sharen Elam,
Planning Director Bruce Payne, Senior Planner Dennis Killough, Senior Planner Ken Baker, Public
Works Director Pedram Farahnak, Senior Engineer Charlie Thomas, Asst. to the Public Works Director
Valerie Bradley, Director of Public Safety Rick Black, Chief of Building Services Malcolm Jackson,
Police Chief Marlin Price, Public Information Officer James Kunke, City Attorney Allen Taylor,
Administrative Secretary Lori Farwell and Acting City Secretary Kim Bush.
WORK SESSION The work session was called to order by Mayor Pro Tern Evans at 5:48 p.m.
REGULAR SESSION
Agenda Item No. 1, Call to order. The regular session was called to order by Mayor Pro Tem Ralph
Evans at 6:05 p.m.
Agenda Item No. 2A, Executive Session: Mayor Pro Tern Ralph Evans announced that the City Council
would be going into Executive Session pursuant to the Texas Government Code, Section 551.071,
consultation with city attorney; Section 551.072, deliberation regarding real property; Section 551.074,
deliberation regarding personnel matters; Section 551.086, deliberation regarding economic development
negotiations. City Council adjourned for Executive Session at 6:06 p.m.
Agenda Item No. 2B, Reconvene: City Council reconvened at 7:10 p.m. There was no action necessary
as a result of the Executive Session.
Agenda Item No. 3, Invocation. The invocation was presented by Councilmember Shankland.
Agenda Item No. 4, Reports
A. Mayor's Report: Mayor Pro Tern Ralph Evans announced upcoming meetings and stated
that March 29 City Offices would be closed for Good Friday. He also informed the audience
that Mayor Stacy would be late for the meeting because his flight was diverted to San
Antonio due to the weather.
B. City Manager's Report: City Manager Billy Campbell announced the closure of certain roads
due to high water from the storms. He commented that street and emergency crews would be
monitoring the situation during the night.
C. SPIN Report: Tim Miller, SPIN Representative for SPIN #6, 2609 Rolling Lane, Southlake.
Mr. Miller briefed the Council on upcoming SPIN meetings.
D. Parks and Recreation Board Report: None
E. Committee Reports: None
F. Local Business Report: Economic Development Director Greg Last introduced Jack
Layman, Chef/Partner for Rockfish Restaurant, who made a brief presentation to City
Council.
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Consent Agenda Items:
5A. Approval of the minutes of the City Council meeting held on March 5, 2002 Approved as
presented.
5B. Award of Professional Services agreement to Stantec Consulting, Inc., for citywide pavement
management program Staff recommended awarding the agreement for the citywide pavement
management program report to Stantec Consulting, Inc. in the amount of $129,720.
5C. Ordinance No. 480 -393, 1S Reading (ZA02 -001) Zoning Change for Torian Lane Councilmember
Potter asked that this item be removed from consent due to written opposition.
5D. Ordinance No. 480 -391. 1S Reading (ZA01 -134) Zoning Chance for I.G. Belcher. Tract 32. Abstract
30, located approximately 1,050' west of North White Chapel Boulevard and 2,400' north of Bob
Jones Road. Current Zoning: "AG" Agricultural District. Requested Zoning: "SF-IN' Single Family
Residential District. The purpose of this request is to obtain proper zoning for residential use.
Approval will require a supermajority vote of the Council due to opposition from neighbors. P &Z
recommended approval at its March 7, 2002 meeting.
5E ZA01 -141, Plat Revision for Lot AR2, Block 1, Burger Addition located at 1355 N. PQgonville.
Current Zoning: SF- lA — Single Family Residential District The request is to plat two parcels of
property into one lot. Staff recommends approval subject to the Plat Review Summary No. 3,
dated March 1, 2002 as approved by P &Z at its March 7 meeting.
5F. ZA02 -005. Plat Revision for Lots 1R and 2R Pine Acres. located at 420 Pine Drive. Current Zonin
SF-IA — Single Family Residential District The purpose of this plat is to abandon Pine Acres Court
and to combine Lots 2 & 3 into one lot for residential use. Staff recommends approval subject to the
Plat Review Summary No. 2, dated March 1, 2002, with applicant to provide enough dedication for
60' of right -of -way and provide correct measurements, as approved by P &Z at its March 7, 2002
meeting.
5G. Ordinance No. 826, 1S Reading, Abandon and Quitclaim a portion of the Old Shady Oaks Drive
right -of -way The right -of -way abandonment was included in the negotiations with Rosemma Neill
and Kay V. Gunn. Staff recommends approval of first reading of the ordinance.
5H. Resolution No. 02 -015, Authorizing the City Attorney to acquire land located at 525 N. Pearson
Lane by the right of eminent domain for the construction of Johnson Road improvements Staff
recommends acquiring the property for the appraised value of $17,905.
8A. Ordinance No. 480 -275a_ 1S Reading (ZA01 -124) Rezoning and Concebt Plan for Remington
Retirement Community located on the south side of West Southlake Boulevard (FM 1709), south of
the intersection of West Southlake Boulevard (FM 1709) and West Jellico Circle. Current Zonin
P-2" Generalized Site Plan District to include personal care facility, nursing care facility, and (senior)
multi - family residential uses. Requested Zoning: "S -P -2" Generalized Site Plan District to include
bersonal care facility nursing care facility_ (senior) multi - familv residential and (senior) two - familv
residential uses Tabled at the request of the applicant to the April 1, 2002, City Council meeting
8B. ZA01 -125, Site Plan for Remington Retirement Community located on the south side of West
Southlake Boulevard (FM 1709), south of the intersection of West Southlake Boulevard (FM 1709)
and West Jellico Circle. Current Zoning: "S -P -2" Generalized Site Plan District to include personal
care facility, nursing care facility, and (senior) multi - family residential uses. Proposed Zoning: "S -P -2"
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Generalized Site Plan District to include personal care facility, nursing care facility, (senior) multi-
family residential and (senior) two - family residential uses Tabled at the request of the applicant to be
considered at the same meeting with the second reading of the zoning request.
8C. Ordinance No. 480 -337a, 1S Reading (ZA02 -006) Zoning Change and Concept Plan for Lot 1, Block
1, and Lot 1, Block 2, Gateway Plaza, Phase II, located on the south side of State Highway 114, the
north side of East Southlake Boulevard (FM 1709), the east side of N. Nolen Drive, and the northwest
corner of the intersection of East Southlake Boulevard (FM 1709) and N. Nolen Drive (south of
Costco). Current Zoning: "S -P -2" Generalized Site Plan District with "C -3" General Commercial
District uses. Requested Zoning: "S -P -2" Generalized Site Plan District with "C -3" General
Commercial District uses. Applicant Terry Wilkinson explained during work session that he is
requesting a zoning change and concept plan in order to revise the current development regulations,
and in addition to the currently approved Concept Plan, add a Concept Plan `B" option to allow for
revised development regulations and permissible building areas. P &Z recommended approval subject
to Concept Plan Review No. 2, dated March 1, 2002 allowing approval of plan "A" as previously
approved and allowing Plan `B" with amendments.
8D. ZA02 -017, Revised Site Plan for Lot 1, Block 1, and Lot 1, Block 2, Gateway Plaza, Phase II, located
on the south side of State Highway 114, the north side of East Southlake Boulevard (FM 1709), the
east side of N. Nolen Drive, and the northwest corner of the intersection of East Southlake Boulevard
(FM 1709) and N. Nolen Drive (south of Costco). Current Zoning: "S -P -2" Generalized Site Plan
District with "C -3" General Commercial District uses Tabled at the request of the applicant to be
considered at the same meeting with the second reading of the zoning request.
IOB. Consider the process for updating the city's comprehensive plan Planning Director Bruce Payne
recommended the process for updating the city's comprehensive plan to include (1) adoption of
the outlined process for the update as the Southlake 2025 Plan; (2) combine the update of the
City's Master Plan — the Land Use Plan and the Thoroughfare Plan; and (3) the appointment of a
15- member steering committee to develop the Southlake 2025 Plan. Director Payne informed the
Council that the plan would be submitted to the P &Z Commission prior to being considered by
City Council
Motion was made to approve consent agenda item #s 5A, 5B, 5D, 5E, 5F, 5G, 5H, adding item #s 8A (to
table), 8B (to table), 8C, 8D (to table) and 10B as presented above.
Motion: Standerfer
Second: Shankland
Ayes: Evans, Potter, Shankland, Standerfer, Stephen
Nays: none
Approved: 5 -0
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Regular Agenda Items:
Agenda Item No. 5C. Ordinance No. 480 -392, 0 Reading (ZA02 -001) Zoning Change for Torian Lane,
Tracts 1Q and 1R Francis Throop Survey, Abstract No. 1511, located 500' west and approximately 650' north
of the intersection of East Dove Street and North Kimball Avenue on the west side of an unimproved road
known as Torian Lane. Current Zoning: "AG" Agricultural District. Requested Zoning: "SF -IN' Single Family
Residential District Senior Planner Dennis Killough stated that because there is more than 20% opposition
from the surrounding property owners, approval of the ordinance will require a supermajority — reasons for the
opposition were not stated. He informed the Council that P &Z recommended approval at its March 7, 2002
meeting. Mayor Pro Tern Evans asked if there was anyone in the audience opposed to the request. No one
came forward to speak.
Motion was made to approve Ordinance No. 480 -392 on 1 St Reading.
Motion:
Potter
Second:
Standerfer
Ayes:
Evans, Potter, Shankland, Standerfer, Stephen
Nays:
none
Approved:
5 -0
Agenda Item No. 7A. Ordinance No. 824. 2 nd Reading_ Providing authorization for Municibal Court of
Record civil iurisdiction in enforcement of health and safetv and nuisance abatement matters. Public
Hearing Chief of Building Services Malcolm Jackson stated that Ordinance No. 824 is a result of a
legislative amendment to Section 30.00005 of the Texas Local Government Code. Adoption of this
ordinance amends our Code of Ordinance and brings it in alignment with state law.
There were no comments from the audience during the Public Hearing.
In accordance with Section 4.21 of the Charter, the caption for this item is listed as follows:
AN ORDINANCE AMENDING CHAPTER 8, ARTICLE II OF THE CODE OF
ORDINANCES OF THE CITY OF SOUTHLAKE, RELATING TO THE
JURISDICTION AND AUTHORITY OF THE MUNICIPAL COURT OF
RECORD; PROVIDING THAT THIS ORDINANCE SHALL BE
CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY
CLAUSE; AND PROVIDING AN EFFECTIVE DATE.
Motion was made to approve 2 nd reading of Ordinance No. 824.
Motion:
Potter
Second:
Standerfer
Ayes:
Evans, Potter, Shankland, Standerfer, Stephen
Nays:
none
Approved:
5 -0
Agenda Item No. 7B. Resolution No. 02 -017 (ZA02 -011) Specific Use Permit for Goodman's Taekwondo
USA Inc.. located at 570 North Carroll Avenue. Current Zoning: "O -1" Office District. Public Hearing.
Senior Planner Dennis Killough presented the Specific Use Permit for a taekwondo school at the former post
office site. P &Z recommended approval at its meeting on March 7, 2002. Planning Director Bruce Payne
commented that staff had concerns with circulation on the site because of the applicant's plans to barricade two
of the existing drives. Applicant Ken Goodman stated that because of concerns from the neighbors, he offered
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to barricade the entrances on the north with large potted plants / trees. Council discussed the concerns of staff
and the issues with closing both of these entrances and recommended that only the east entrance be barricaded.
There were no comments from the audience during Public Hearing.
In accordance with Section 4.21 of the Charter, the caption for this item is listed as follows:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOUTHLAKE,
TEXAS, GRANTING A SPECIFIC USE PERMIT FOR PUBLIC, SEMI-
PUBLIC, AND PAROCHIAL/PRIVATE SCHOOLS, ON PROPERTY WITHIN
THE CITY OF SOUTHLAKE, TEXAS, BEING LEGALLY DESCRIBED AS
LOT 1, BLOCK 7, SOUTHVIEW, MORE FULLY AND COMPLETELY
DESCRIBED IN EXHIBIT "A ", AND AS DEPICTED ON THE APPROVED
CONCEPT PLAN ATTACHED HERETO AND INCORPORATED HEREIN
AS EXHIBIT "B" AND PROVIDING AN EFFECTIVE DATE.
Motion was made to approve Resolution No. 02 -017 requiring, with regard to the north side driveways, that
the west entrance remain open and the east entrance be allowed to be closed.
Motion: Standerfer
Second: Stephen
Ayes: Evans, Potter, Shankland, Standerfer, Stacy, Stephen
Nays: none
Approved: 6 -0
After a 5-minute recess, Mayor Stacy recommended that Mayor Pro Tem Evans continue chairing the
meeting.
Agenda Item No. 7C. ZA02 -012, Revised Site Plan for Animal Emergency Hospital, located at 2340 West
Southlake Boulevard (FM 1709). Current Zoning: "S -P -2" General Site Plan District Regulations with "C -2"
Local Retail Commercial District uses. Senior Planner Dennis Killough presented the request. P &Z
recommended approval subject to Site Plan Review Summary No. 2, dated March 1, 2002, allowing 10%
reduction in parking. The applicant's representative Skip Blake, with Blake Architects, was present to answer
questions of the Council.
There were no comments from the audience during the Public Hearing.
Motion was made to approve ZA 02 -012 subject to Site Plan Review Summary No. 2, dated March 1, 2002,
allowing the 10% reduction in parking.
Motion: Standerfer
Second: Shankland
Ayes: Evans, Potter, Shankland, Standerfer, Stacy, Stephen
Nays: none
Approved: 6 -0
Auenda Item No. 7D. Resolution No. 02 -018 (ZA02 -013) Sbecific Use Permit and Concept Plan for Lot 11
Block B. Commerce Business Park Addition. located at 2802 Market LOOn. Current Zoning: "I -1" Light
Industrial District Senior Planner Dennis Killough presented Resolution No. 02 -018 a request to store, display
and sell high -end automobiles and sports utility vehicles. P &Z recommended approval subject to Concept Plan
Review Summary No. 2, dated March 1, 2002, for a period of one year. Director of Planning Bruce Payne
believes that P &Z limited the SUP to a one -year term because they were uncertain whether or not restrictions
could be added to allow only display and storage of the vehicles inside the facility. City Attorney Allen Taylor
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stated that since this is a SUP, Council is permitted to put limitation on the permit as long as the limitations are
clearly set forth. In this case, the applicant has stated that they have no intent or desire to store the vehicles
outside the facility. If at a later date they decide to expand their permitted use, they would have an opportunity
to bring back a request to the Council to modify their SUP.
Applicant Kenneth McLemore, 4825 Western Meadows Court, Keller, Texas, confirmed for with the Council
that they have agreed to not store vehicles outside. He commented that vehicles will only be brought outside
to make ready for a customer to come by and see or to test drive. He also confirmed that they have no
intention of selling RV / Motorhomes.
Public Hearin
Gary Fickes, 4021 Hilltop, Southlake, Texas, commented that his only concern was with the storage of
vehicles outside the facility. He stated that he is trying to create a good environment in the area. He currently
has 35 tenants and their businesses are geared toward office use rather than warehouse use. He asked that
Council include restrictions to the permit in their action on this item.
There were no other comments during the Public Hearing.
In accordance with Section 4.21 of the Charter, the caption for this item is listed as follows:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SOUTHLAKE, TEXAS, GRANTING A SPECIFIC USE PERMIT FOR
THE SALES AND SERVICE OF NEW AUTOMOBILES AND
TRUCKS, AND FOR THE SALES AND SERVICE OF USED
AUTOMOBILES AND TRUCKS, ON PROPERTY WITHIN THE CITY
OF SOUTHLAKE, TEXAS, BEING LEGALLY DESCRIBED AS LOT
11, BLOCKB, COMMERCE BUSINESS PARK, MORE FULLY AND
COMPLETELY DESCRIBED IN EXHIBIT "A ", AND AS DEPICTED
ON THE APPROVED CONCEPT PLAN ATTACHED HERETO AND
INCORPORATED HEREIN AS EXHIBIT "B" AND PROVIDING AN
EFFECTIVE DATE.
Motion was made to approve Resolution No. 02 -018 subject to Concept Plan Review Summary No. 2, dated
March 1, 2002, removing the sell of RV / Motorhomes as an allowed use, requiring the storage and display of
vehicles indoors only, and granting a term of three years to coincide with the initial lease of the facility.
Motion: Potter
Second: Standerfer
Ayes: Evans, Potter, Shankland, Standerfer, Stacy, Stephen
Nays: none
Approved: 6 -0
Agenda Item No. 10A. Approval of a Management Agreement with Stephen and Mia Poorman for
management of the Southlake Tennis Center Director of Community Services Kevin Hugman stated that
each prospective contractor was interviewed by a panel consisting of Councilmembers Stephen and
Potter, Park / SPDC Board member Bobby Rawls, NETT President Laurie Starks, and staff members
Steve Polasek and himself. The agreement stipulates a three year term, sets the base court usage fee at
$3.00 per person, and a contractor payment of 10% of gross receipts, less sales tax, from the court usage
fees to the City. Staff recommends approval of the agreement with Stephen and Mia Poorman and
believes that they have the necessary experience, commitment, and support of the community.
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Contractors Mia and Stephen Poorman, 220 Canyon Lake Drive, Southlake, were present to answer
questions for the Council. Ms. Poorman explained that she believes they have the qualifications to run
the tennis center and they do not feel they need to work with a consultant to show them how to run the
business.
Motion was made to approve the management agreement with Stephen and Mia Poorman as presented
removing the requirement for the submittal of a certified financial statement.
Motion: Potter
Second: Shankland
Ayes: Evans, Potter, Shankland, Standerfer, Stacy
Nays: Stephen
Approved: 5 -1
Agenda Item No. 6. Public Forum.
Maria Chase, 600 Cherry Lane, Southlake, requested that City Council adopt strict local amendments to
the ordinance regulating burning in the City of Southlake. Ms. Chase complained about the bulldozing
and burning of trees being done by the Texas Department of Transportation during the construction of
SH 114. She commented that the smoke from the burning of the trees has made her ill. She suggested
that the wood from the trees be used as mulch or used to build furniture. Ms. Chase informed the
Council that she filed a complaint with the TNRCC.
City Attorney Allen Taylor explained that the City could enter letters of protest to the TNRCC
concerning the air emissions. He stated that in this case, the trees are located within the State's right -of-
way and TxDOT operates under a general permit to conduct its business. He commented that the City
has the authority to adopt burning regulations within the City that would be applicable to anyone other
than the Federal government, State government, and in some cases County government. Councilmember
Rex Potter suggested that staff meet with TxDOT staff to see if there were any other options available to
address this situation.
There were no other comments from the audience during the Public Forum.
Agenda Item No. 10C. Variance request to the outdoor storage regulations of Zoning Ordinance No.
480, Section 43, for Wal -Mart to allow for the outside storage of bagged goods and swing sets, being
23.003 acres located at 200 N. Kimball Avenue Senior Planner Ken Baker presented to Council the
request by Wal -Mart to grant a temporary variance to allow for the storage of bagged goods, swing sets,
trampolines, outdoor furniture, and birdbaths. In addition, it is staffs opinion that the soft drink
machines are also in violation of the outside storage ordinance.
Wal -Mart Store Manager Carl Richi was present to answer questions for the Council. He stated that the
variance to store merchandise in front of his store was very important for sales. He commented that he
was flexible and would be willing to work with the Council on a solution.
Councilmembers discussed options that would help Wal -Mart meet the intent of the outdoor storage
regulations including the requirement that no more than 50% of the sidewalks would be impeded upon.
Councilmember Potter commented that Home Depot and Lowes both are in compliance with the outdoor
storage regulations and feels Wal -Mart should do the same.
Motion was made to approve a variance request to the outdoor storage regulations to include allowing
the storage of up to 10 pallets of bagged goods in front of the store, requiring that the trampoline be
moved to inside the fence area, allowing the remaining bagged goods to be stored in the same area that
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was allowed for the temporary Christmas storage, requiring that the swing sets be removed, requiring the
screening of the bagged goods and vending machines with potted Bradford Pear trees, allowing the
display of birdbaths as shown, and granting the variance until July 1, 2002.
Motion: Standerfer
Second: Stacy
Motion was amended to include that the storage of the pallets in the front of the store would not exceed a
height of six feet.
Motion: Standerfer
Second: Stacy
Ayes: Evans, Standerfer, Stacy, Stephen
Nays: Potter, Shankland
Approved: 4 -2
Agenda Item No. 12. Adjournment
ATTEST:
Mayor Rick Stacy
Kim Bush, Acting City Secretary
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