2002-03-19 City of Southlake OFFJCIAL RECORD
CITY COUNCIL MEETING
March 19, 2002
MINUTES
CITY COUNCIL PRESENT: Mayor Rick Stacy (7:37p.m.), Mayor Pro Tem 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 Tem 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 Tem 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 Tem 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.
City Council Meeting Minutes, March 19, 2002, Page 1 of 8
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 Change 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 Zonin . : " AG" A ricultural District. Re • uested Zonin . : " SF-
1A" 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.
Peytonville. Current Zoning: SF -1A - 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
Zoning: SF -1A - 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.
51-I. 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 Concept 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. Requested Zoning: " S -P -2" 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 the
April 1, 2002, City Council meeting.
City Council Meeting Minutes, March 19, 2002, Page 2 of 8
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" 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, 1 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.
10B. 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
City Council Meeting Minutes, March 19, 2002, Page 3 of 8
Regular Agenda Items:
Agenda Item No. 5C. Ordinance No. 480 -392, 1 Reading (ZA02 -001) Zoning Change for Torian
Lane, Tracts 10 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 -1A" 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 Tem 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 Reading.
Motion: Potter
Second: Standerfer
Ayes: Evans, Potter, Shankland, Standerfer, Stephen
Nays: none
Approved: 5 -0
Agenda Item No. 7A. Ordinance No. 824, 2 °' Reading, Providing authorization for Municipal Court
of Record civil jurisdiction in enforcement of health and safety 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' 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: " 0-1" 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
City Council Meeting Minutes, March 19, 2002, Page 4 of 8
•
because of concerns from the neighbors, he offered 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
Agenda Item No. 7D. Resolution No. 02 -018 (ZA02 -013) Specific Use Permit and Concept Plan for
Lot 11, Block B, Commerce Business Park Addition, located at 2802 Market Loop. 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
City Council Meeting Minutes, March 19, 2002, Page 5 of 8
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 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 Hearing:
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
City Council Meeting Minutes, March 19, 2002, Page 6 of 8
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.
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 staff's 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.
City Council Meeting Minutes, March 19, 2002, Page 7 of 8
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
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.
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ATTEST: ,,ofr ,,,, Mayor Rick Stacy
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Kim Bush, cting City Secretary ': °••..••••••.•�
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City Council Meeting Minutes, March 19, 2002, Page 8 of 8