2011-06-21 ► ' CITY OF
SOUTHLAKE
TEXAS
REGULAR CITY COUNCIL MEETING MINUTES: JUNE 21, 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 Muller and Councilmembers Carolyn Morris, Martin Schelling,
Jeff Wang.
CITY COUNCIL ABSENT: Al Zito.
STAFF PRESENT: Assistant City Manager Ben Thatcher, Assistant City
Manager /Director of Public Safety Jim Blagg, Communication and Websites Manager
Pilar Schank, Director of Finance Sharen Jackson, Assistant Finance Director Sean
Leonard, Director of Planning and Development Services Ken Baker, Planner I Lorrie
Fletcher, Deputy Chief of Fire Services Wade Carroll, Municipal Judge Carol
Montgomery, Interim Chief of Police Services Rusty Daniels, Director of Community
Services Chris Tribble, Director of Public Works Robert Price, Deputy Director of Public
Works Gordon Mayer, 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 5:12 p.m.
2. INVOCATION
Mr. Clayton Reed with Southlake Baptist Church gave the invocation. Mayor Terrell led
the pledge of allegiance.
3. STAFF PRESENTATION AND PROGRESS REPORT REGARDING
REVISIONS TO CITY OF SOUTHLAKE GAS DRILLING AND PIPELINE
REGULATIONS.
Director of Planning and Development Ken Baker presented item to Council. Mr. Baker
outlined the progress to date regarding the City of Southlake gas drilling and pipeline
regulations. The Council, at their January 18, 2011 meeting, passed a resolution
adopting a 180 -day moratorium on the acceptance and processing of applications for
gas well drilling permits and associated permits. The moratorium was approved to
provide staff the time to research and forward proposed revisions to adequately address
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Page 1 of 19
environmental and land use compatibility issues created by oil and gas exploration and
mineral extraction. An extension of the moratorium would allow adequate time for
Council to review proposed changes, public review and comment of the proposed
changes, and legal review of recent legislation. The current moratorium expires July 17,
2011. The proposed extension is for an additional 180 days. Council may approve the
resolution as presented with a 180 -day extension, approve a modified resolution to
change the length of the moratorium extension or deny the resolution.
There were no questions for staff.
4. 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. Council discussed the number of days
for the moratorium extension. The consensus of Council was to extend the moratorium
an additional 120 days. If needed, Council would extend the moratorium an additional
60 days.
At the request of Councilmember Wang, Director of Public Works Robert Price
presented item 4C— approve a construction contract for a 20 inch water line along State
Highway 114 from North White Chapel Boulevard to Southlake Town Square with
Wilson Contractor Services, LLC in the amount of $1,731,720.30.
REGULAR SESSION:
1. CALL TO ORDER
The Regular Session of the City Council was called to order by Mayor Terrell at 5:50
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
5:30 p.m. Executive Session began at 5:43 p.m. and concluded at 6:49 p.m.
2B. RECONVENE
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Mayor Terrell reconvened the regular meeting at 7:10 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 —
Mayor Terrell recognized members of Boy Scout Troop 937 who were present to watch
a Council meeting as a requirement for their citizenship merit badge.
Update of upcoming meetings and events
Mayor Terrell announced upcoming meetings and events.
B. City Manager's Report —
4. CONSENT AGENDA (Items 4A -Q) 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 7, 2011 CITY COUNCIL
MEETING.
4B. APPROVE A PROFESSIONAL SERVICES CONTRACT WITH SCHRICKEL,
ROLLINS AND ASSOCIATES, INC., FOR THE DESIGN AND ENGINEERING
OF BICENTENNIAL PARK PHASE 2 IN THE AMOUNT OF $1,234,000.
4C. APPROVE A CONSTRUCTION CONTRACT FOR A 20 INCH WATER LINE
ALONG STATE HIGHWAY 114 FROM NORTH WHITE CHAPEL BOULEVARD
TO SOUTHLAKE TOWN SQUARE WITH WILSON CONTRACTOR SERVICES,
LLC IN THE AMOUNT OF $1,731,720.30.
Director of Public Works Robert Price presented item to Council during the work
session.
4D. ITEM LEFT INTENTIONALLY BLANK
4E. APPROVE THE ANNUAL INTERLOCAL AGREEMENT WITH TARRANT
COUNTY TO PROVIDE TAX COLLECTION AND ASSESSMENT SERVICES
FOR AD VALOREM TAXES LEVIED BY THE CITY OF SOUTHLAKE FOR TAX
YEAR 2011.
4F. ZA11 -008, PRELIMINARY PLAT FOR CHELSEA PARK ON PROPERTY
DESCRIBED AS TRACT 1B02, W. W. HALL SURVEY, ABSTRACT NO. 687
AND LOT 1R2, BLOCK 1, SOUTHLAKE ASSEMBLY OF GOD ADDITION AND
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BEING LOCATED AT 411 AND 151 EAST HIGHLAND STREET. CURRENT
ZONING: "R -PUD" RESIDENTIAL PLANNED UNIT DEVELOPMENT. SPIN
NEIGHBORHOOD #7.
4G. ZA11 -023, PLAT REVISION FOR CHELSEA PARK BEING A REVISION OF
PROPERTY DESCRIBED AS TRACT 1B02, W. W. HALL SURVEY,
ABSTRACT NO. 687 AND LOT 1R2, BLOCK 1, SOUTHLAKE ASSEMBLY OF
GOD ADDITION AND BEING LOCATED AT 411 AND 151 EAST HIGHLAND
STREET. CURRENT ZONING: "R -PUD" RESIDENTIAL PLANNED UNIT
DEVELOPMENT DISTRICT. SPIN NEIGHBORHOOD #7.
4H. APPROVE ABSENCES FOR A PLANNING AND ZONING COMMISSIONER.
41. RESOLUTION NO. 11 -034, AN EXTENSION OF THE MORATORIUM ON THE
ACCEPTANCE OR PROCESSING OF APPLICATIONS FOR GAS WELL
DRILLING PERMITS AND THEIR ASSOCIATED REQUESTS IN THE CITY OF
SOUTHLAKE FOR AN ADDITIONAL 180 DAYS TO ALLOW CONTINUED
REVISIONS TO ORDINANCE NO. 880 -A.
At the request of Mr. Robert Gray, 1275 Shady Oaks Drive, Council removed item from
the consent agenda. Council considered and took action on item after the consent
agenda.
4J. ORDINANCE NO. 733 -B, 1ST READING, APPROVE A SPEED LIMIT
ORDINANCE, AMENDING SECTION 18 -80 OF THE SOUTHLAKE CITY
CODE, REVISING THE LOCATION OF SCHOOL CROSSING ZONES. (IF
APPROVED AT 1ST READING, THE PUBLIC HEARING FOR THIS ITEM
WILL BE HELD ON AUGUST 2, 2011.)
4K. ORDINANCE NO. 1008, 1ST READING, APPROVE A SPEED LIMIT
ORDINANCE, AMENDING CHAPTER 18, SECTION 18 -79 OF THE
SOUTHLAKE CITY CODE, ESTABLISHING A NEW SPEED LIMIT ON
PORTIONS OF EAST KIRKWOOD BOULEVARD AND BLESSED WAY. (IF
APPROVED AT 1ST READING, THE PUBLIC HEARING FOR THIS ITEM
WILL BE HELD ON AUGUST 2, 2011.)
4L. RESOLUTION NO. 11- 029(1), AUTHORIZE THE CITY ATTORNEY TO BRING
CONDEMNATION ACTION FOR THE PURPOSE OF OBTAINING STREET
RIGHT OF WAY AND EASEMENTS FOR CONSTRUCTION AND
MAINTENANCE OF NORTH KIMBALL AVENUE LOCATED IN THE FRANCIS
THROOP SURVEY, ABSTRACT NO. 1511 AT 1470 NORTH KIMBALL
AVENUE.
4M. ZA10 -058, CONCEPT PLAN FOR VILLAGE CENTER, PHASE I ON
PROPERTY BEING DESCRIBED AS LOT 3, BLOCK 1, VILLAGE CENTER,
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PHASE I AND BEING CURRENTLY ADDRESSED AS 2110 AND 2140 EAST
SOUTHLAKE BOULEVARD. CURRENT ZONING: "C -3" GENERAL
COMMERCIAL DISTRICT. SPIN NEIGHBORHOOD #8. THE PURPOSE OF
THE CONCEPT PLAN IS TO CREATE A SEPARATE LOT FOR THE KROGER
STORE. (THE PLANNING & ZONING COMMISSION HAS TABLED THIS ITEM
UNTIL JULY 21, 2011. CITY COUNCIL IS SCHEDULED TO TAKE ACTION ON
THIS ITEM AT THEIR AUGUST 2, 2011 MEETING AND A PUBLIC HEARING
FOR THIS ITEM WILL TAKE PLACE AT THAT TIME.)
4N. ZA10 -059, PLAT REVISION FOR LOTS 3R1 AND 3R2, BLOCK 1, VILLAGE
CENTER, PHASE I BEING A REVISION OF LOT 3, BLOCK 1, VILLAGE
CENTER, PHASE I AND BEING CURRENTLY ADDRESSED AS 2110 AND
2140 EAST SOUTHLAKE BOULEVARD. CURRENT ZONING: "C -3"
GENERAL COMMERCIAL DISTRICT. SPIN NEIGHBORHOOD #8. (THE
PLANNING & ZONING COMMISSION HAS TABLED THIS ITEM UNTIL JULY
21, 2011. CITY COUNCIL IS SCHEDULED TO TAKE ACTION ON THIS ITEM
AT THEIR AUGUST 2, 2011 MEETING.)
40. RESOLUTION NO. 11 -031 (ZA11 -016), SPECIFIC USE PERMIT FOR A
TELECOMMUNICATIONS TOWER ON PROPERTY DESCRIBED AS TRACT
1G, H. GRANBERRY SURVEY, ABSTRACT NO. 581 AND BEING LOCATED
AT 620 SOUTH WHITE CHAPEL BOULEVARD. CURRENT ZONING: "AG"
AGRICULTURAL DISTRICT. SPIN NEIGHBORHOOD #10. (THE APPLICANT
HAS REQUESTED TO TABLE THIS ITEM WITH THE PLANNING & ZONING
COMMISSION TO SEPTEMBER 8, 2011. CITY COUNCIL IS SCHEDULED TO
TAKE ACTION ON THIS ITEM AT THEIR SEPTEMBER 20, 2011 MEETING
AND A PUBLIC HEARING FOR THIS ITEM WILL TAKE PLACE AT THAT
TIME.)
4P. 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.
THE PUBLIC HEARING FOR THIS ITEM IS ADMINISTRATIVELY TABLED TO
THE AUGUST 2, 2011 CITY COUNCIL MEETING.
4Q. ORDINANCE NO. 480 -605 (ZA10 -067), 1ST READING, ZONING CHANGE
AND SITE PLAN FOR WATERMERE MEDICAL PLAZA ON PROPERTY
DESCRIBED AS LOT 1, BLOCK 1, SLAYTON ADDITION AND BEING
LOCATED AT 2813 WEST SOUTHLAKE BOULEVARD. CURRENT ZONING:
"SF -1A" SINGLE FAMILY RESIDENTIAL DISTRICT. REQUESTED ZONING:
"01" OFFICE DISTRICT. SPIN NEIGHBORHOOD #11. THE APPLICANT HAS
REQUESTED TO TABLE THIS ITEM TO THE AUGUST 2, 2011 CITY
COUNCIL MEETING.
A motion was made to remove Item 41 and approve the remaining items on the consent
agenda.
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Motion: Bledsoe
Second: Morris
Ayes: Bledsoe, Morris, Muller, Terrell, Schelling, Wang
Nays: None
Absent: Zito
Approved: 6 -0
41. RESOLUTION NO. 11 -034, AN EXTENSION OF THE MORATORIUM ON THE
ACCEPTANCE OR PROCESSING OF APPLICATIONS FOR GAS WELL
DRILLING PERMITS AND THEIR ASSOCIATED REQUESTS IN THE CITY OF
SOUTHLAKE FOR AN ADDITIONAL 180 DAYS TO ALLOW CONTINUED
REVISIONS TO ORDINANCE NO. 880 -A.
Director of Planning and Development Ken Baker outlined the progress to date
regarding the City of Southlake gas drilling and pipeline regulations. The Council, at
their January 18, 2011 meeting, passed a resolution adopting a 180 -day moratorium on
the acceptance and processing of applications for gas well drilling permits and
associated permits. The moratorium was approved to provide staff the time to research
and forward proposed revisions to adequately address environmental and land use
compatibility issues created by oil and gas exploration and mineral extraction. An
extension of the moratorium would allow adequate time for Council to review proposed
changes, public review and comment of the proposed changes, and legal review of
recent legislation. The current moratorium expires July 17, 2011. The proposed
extension is for an additional 180 days. Mr. Baker reviewed the process for the
ordinance amendment.
Mr. Bill Spivey, 1520 Randol Mill, spoke in favor of gas drilling.
Mr. Robert Gray, 1275 Shady Oaks Drive, commented on the moratorium and lack of
action by the Council.
A motion was made to approve Resolution No. 11 -034, an extension of the moratorium
regarding revisions to Ordinance No. 880 -A for a period of 120 days.
Motion: Bledsoe
Second: Schelling
Ayes: Bledsoe, Morris, Muller, Terrell, Schelling, Wang
Nays: None
Absent: Zito
Approved: 6 -0
In accordance with Section 4.21 of the City Charter, the caption for this item is listed as
follows:
A RESOLUTION EXTENDING A ONE HUNDRED TWENTY (120) DAY
MORATORIUM ON THE ACCEPTANCE OR PROCESSING OF APPLICATIONS FOR
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WELL PERMITS AND SPECIFIC USE PERMITS TO PERMIT MINERAL EXTRACTION
THROUGH OIL AND GAS EXPLORATION OR OPERATIONS, AND ON THE
ACCEPTANCE OR PROCESSING OF APPLICATIONS FOR REGULATED OR
UNREGULATED PIPELINE PERMITS WITHIN THE CORPORATE LIMITS OF THE
CITY OF SOUTHLAKE FOR AN ADDITIONAL ONE HUNDRED TWENTY (120) DAYS;
PROVIDING THAT THE FINDINGS AND PROVISIONS OF RESOLUTION NUMBER
11 -005 ARE RATIFIED AND REAFFIRMED; AND PROVIDING THAT THIS
RESOLUTION SHALL TAKE EFFECT IMMEDIATELY UPON PASSAGE.
REGULAR AGENDA:
5. PUBLIC FORUM
Mayor Terrell opened the public forum.
There being no one else wishing to speak, Mayor Terrell closed the public hearing.
6. ORDINANCES, SECOND READINGS, PUBLIC HEARINGS, AND RELATED
ITEMS:
6A. ORDINANCE NO. 1002, 2ND READING, BOB JONES NATURE CENTER AND
PRESERVE MASTER PLAN, A COMPONENT OF THE SOUTHLAKE 2030
PARKS, RECREATION AND OPEN SPACE PLAN. PUBLIC HEARING
APPROVED
Director of Community Services Chris Tribble and representatives from Studio Outside
were present to answer questions from Council. There were no questions from Council.
Mayor Terrell opened the public hearing.
Ms. Debra Edmonson, 1730 Tuscan Ridge Circle, spoke in favor of item. Ms.
Edmonson thanked staff and Council for their non -stop support.
There being no one else wishing to speak, Mayor Terrell closed the public hearing.
A motion was made to approve Ordinance No. 1002, 2 reading, Bob Jones Nature
Center and Preserve Master Plan, a component of the Southlake 2030 and Parks,
Recreation and Open Space Plan.
Motion: Bledsoe
Second: Morris
Ayes: Bledsoe, Morris, Muller, Terrell, Schelling, Wang
Nays: None
Absent: Zito
Approved: 6 -0
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In accordance with Section 4.21 of the City Charter, the caption for this item is listed as
follows:
ORDINANCE NO. 1002, OF THE CITY COUNCIL OF THE CITY OF SOUTHLAKE,
TEXAS, ADOPTING THE BOB JONES NATURE CENTER AND PRESERVE MASTER
PLAN, A COMPONENT OF THE PARKS, RECREATION AND OPEN SPACE PLAN
AND SOUTHLAKE 2030 PLAN, THE CITY'S COMPREHENSIVE MASTER PLAN; AND
TO INCLUDE A PERIODIC REVIEW AND ADOPTION OF ANY AMENDMENTS AS
PRESCRIBED IN THE CHARTER OF THE CITY OF SOUTHLAKE, TEXAS;
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 THE OFFICIAL NEWSPAPER; AND PROVIDING
AN EFFECTIVE DATE.
6B. ORDINANCE NO. 480 -476B (ZA11 -017), 2ND READING, ZONING CHANGE
AND CONCEPT PLAN FOR WATERMERE AT SOUTHLAKE BEING
DESCRIBED AS A PORTION OF TRACT 4D, JESSE G. ALLEN SURVEY,
ABSTRACT NO. 18 AND LOTS 1 -4, BLOCK 1 AND LOTS 2 -3, BLOCK 2,
WATERMERE AT SOUTHLAKE ADDITION AND BEING CURRENTLY
ADDRESSED AS 101, 200, 300, AND 301 WATERMERE DRIVE; 2801 AND
2807 WEST SOUTHLAKE BOULEVARD; AND 2261 UNION CHURCH ROAD.
CURRENT ZONING: "S -P -2" GENERALIZED SITE PLAN ZONING DISTRICT.
REQUESTED ZONING: "S -P -2" GENERALIZED SITE PLAN ZONING
DISTRICT. SPIN NEIGHBORHOOD #11. PUBLIC HEARING
APPROVED
Director of Planning and Development Ken Baker presented item to Council. This item
was presented in conjunction with item 6C. The applicant has addressed and provided
exhibits for the three items (building materials, floor plans and on -site amenities)
Council discussed during the first read of the ordinance. Mr. Baker reviewed the
exhibits with Council.
Watermere representative Scott Simmons, 775 Castle Rock Drive, and Galier Tolson
French representative Bryan McMurtre, were available to answer questions from
Council.
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. 480 -476b, 2 reading, zoning change
and concept plan for Watermere at Southlake, pursuant to site plan review summary
No. 3, dated June 1, 2011 and the staff report dated June 15, 2011.
Motion: Bledsoe
Second: Morris
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Ayes: Bledsoe, Morris, Muller, Terrell, Schelling, Wang
Nays: None
Absent: Zito
Approved: 6 -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;
GRANTING A ZONING CHANGE ON A CERTAIN TRACT OR TRACTS OF LAND
WITHIN THE CITY OF SOUTHLAKE, TEXAS BEING DESCRIBED AS LOTS 1 -4,
BLOCK 1 AND LOTS 1 -3, BLOCK 2, WATERMERE AT SOUTHLAKE ADDITION AND
A PORTION OF TRACT 4D, JESSE G. ALLEN SURVEY, ABSTRACT NO. 18, AND
BEING APPROXIMATELY 35.51 ACRES, AND MORE FULLY AND COMPLETELY
DESCRIBED IN EXHIBIT "A" FROM "S -P -2" GENERALIZED SITE PLAN DISTRICT TO
"S -P -2" GENERALIZED SITE PLAN DISTRICT TO INCLUDE PERSONAL CARE
FACILITY, NURSING CARE HOME, AND (SENIOR) MULTI - FAMILY RESIDENTIAL
USES, AS DEPICTED ON THE APPROVED CONCEPT PLAN ATTACHED HERETO
AND INCORPORATED HEREIN AS EXHIBIT "B ", SUBJECT TO THE SPECIFIC
REQUIREMENTS CONTAINED IN THIS ORDINANCE; CORRECTING THE OFFICIAL
ZONING MAP; PRESERVING ALL OTHER PORTIONS OF THE ZONING
ORDINANCE; DETERMINING THAT THE PUBLIC INTEREST, MORALS AND
GENERAL WELFARE DEMAND THE ZONING CHANGES AND AMENDMENTS
HEREIN MADE; 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 THE OFFICIAL NEWSPAPER; AND PROVIDING
AN EFFECTIVE DATE.
6C. ZA11 -018, PLAT REVISION FOR LOTS 4X, 4R1 AND 4R2, WATERMERE AT
SOUTHLAKE ADDITION BEING A REVISION OF LOT 4, BLOCK 1,
WATERMERE AT SOUTHLAKE ADDITION AND BEING CURRENTLY
ADDRESSED AS 301 WATERMERE DRIVE. CURRENT ZONING: "S -P -2"
GENERALIZED SITE PLAN DISTRICT. SPIN NEIGHBORHOOD #11.
APPROVED
This item was presented in conjunction with item 6B.
A motion was made to approve ZA11 -018, plat revision for Lots 4X, 4R1 and 4R2,
Watermere at Southlake Addition being a revision of Lot 4, Block 1, Watermere at
Southlake Addition, pursuant to the plat review summary No. 3, dated May 19, 2011
and accepting the variances for street frontage.
Motion: Bledsoe
Second: Morris
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Ayes: Bledsoe, Morris, Muller, Terrell, Schelling, Wang
Nays: None
Absent: Zito
Approved: 6 -0
6D. ORDINANCE NO. 1007, 2ND READING, APPROVING A NEGOTIATED
RESOLUTION BETWEEN THE STEERING COMMITTEE OF CITIES SERVED
BY ONCOR AND ONCOR ELECTRIC DELIVERY COMPANY, LLC
REGARDING THE COMPANY'S APPLICATION TO INCREASE ELECTRIC
RATES. PUBLIC HEARING
APPROVED
There was no staff presentation for this item.
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. 1007, 2 " reading, approving a
negotiated resolution between the Steering Committee of Cities served by Oncor and
Oncor Electric Delivery Company, LLC.
Motion: Bledsoe
Second: Morris
Ayes: Bledsoe, Morris, Muller, Terrell, Schelling, Wang
Nays: None
Absent: Zito
Approved: 6 -0
In accordance with Section 4.21 of the City Charter, the caption for this item is listed as
follows:
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS,
( "CITY ") APPROVING A NEGOTIATED RESOLUTION BETWEEN THE STEERING
COMMITTEE OF CITIES SERVED BY ONCOR ( "STEERING COMMITTEE ") AND
ONCOR ELECTRIC DELIVERY COMPANY LLC ( "ONCOR" OR "COMPANY ")
REGARDING THE COMPANY'S APPLICATION TO INCREASE ELECTRIC RATES IN
ALL CITIES EXERCISING ORIGINAL JURISDICTION; DECLARING EXISTING
RATES TO BE UNREASONABLE; REQUIRING THE COMPANY TO REIMBURSE
CITIES' REASONABLE RATEMAKING EXPENSES; 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; APPROVING ONCOR'S PROOF OF REVENUES;
ADOPTING A SAVINGS CLAUSE; DETERMINING THAT THIS ORDINANCE WAS
PASSED IN ACCORDANCE WITH THE REQUIREMENTS OF THE TEXAS OPEN
MEETINGS ACT; DECLARING AN EFFECTIVE DATE; AND REQUIRING DELIVERY
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Page 10 of 19
OF THIS ORDINANCE TO THE COMPANY AND THE STEERING COMMITTEE'S
LEGAL COUNSEL.
6E. RESOLUTION NO. 11 -032 (ZA11 -024), SPECIFIC USE PERMIT FOR A MASS
GATHERING EVENT FOR OKTOBERFEST ON PROPERTY DESCRIBED AS
PHASE I -IV, SOUTHLAKE TOWN SQUARE AND BEING LOCATED
BETWEEN EAST SOUTHLAKE BOULEVARD, EAST STATE HIGHWAY 114
AND NORTH CARROLL AVENUE. CURRENT ZONING: "DT" DOWNTOWN
ZONING DISTRICT. SPIN NEIGHBORHOOD #8. PUBLIC HEARING
APPROVED
Planner I Lorrie Fletcher presented item to Council and was available to answer
questions. This item was presented in conjunction with item 6F. The Southlake
Chamber of Commerce is requesting the permit be approved in perpetuity, until a time
the approved event has a change in scope. Ms. Fletcher advised Council the Planning
and Zoning Commission approved the specific use permit, limiting the permit to one
year.
Southlake Chamber of Commerce representatives Dana Davis and Cindy Campbell
answered questions from Council.
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 Resolution No. 11 -032, specific use permit for a mass
gathering event for Oktoberfest, for a period of three years providing the ability for the
Director of Planning to review conditions and revoke the special use permit per his
discretion.
Motion: Bledsoe
Second: Wang
Ayes: Bledsoe, Morris, Muller, Terrell, Schelling, Wang
Nays: None
Absent: Zito
Approved: 6 -0
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,
GRANTING A SPECIFIC USE PERMIT FOR A MASS GATHERING FOR
OKTOBERFEST LOCATED BETWEEN E. SOUTHLAKE BOULEVARD, E. S.H. 114
AND N. CARROLL AVENUE, SOUTHLAKE, TEXAS, BEING DESCRIBED AS PHASE
I -IV, SOUTHLAKE TOWN SQUARE, MORE FULLY AND COMPLETELY DESCRIBED
IN EXHIBIT "A ", AND AS DEPICTED ON THE APPROVED SITE PLAN ATTACHED
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Page 11 of 19
HERETO AND INCORPORATED HEREIN AS EXHIBIT "B" AND PROVIDING AN
EFFECTIVE DATE.
6F. APPROVE A COMMUNITY EVENT PARTICIPATION AGREEMENT WITH THE
SOUTHLAKE CHAMBER OF COMMERCE FOR THE 2011 OKTOBERFEST
EVENT.
APPROVED
This item was presented in conjunction with item 6E.
A motion was made to approve a community event participation agreement with the
Southlake Chamber of Commerce for the 2011 Oktoberfest event.
Motion: Bledsoe
Second: Wang
Ayes: Bledsoe, Morris, Muller, Terrell, Schelling, Wang
Nays: None
Absent: Zito
Approved: 6 -0
6G. ORDINANCE NO. 1006, 2ND READING, APPOINT A MUNICIPAL JUDGE
AND AUTHORIZE THE MAYOR TO EXECUTE AN AGREEMENT WITH THE
MUNICIPAL JUDGE AND PROVIDE AN EFFECTIVE DATE. PUBLIC
HEARING
APPROVED
There was no staff presentation for this item. The Council, at their June 7, 2011
meeting, approved the 1 reading of the ordinance to appoint Carol Montgomery as
municipal judge.
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. 1006, 2 reading, appoint a municipal
judge and authorize the mayor to execute an agreement with the municipal judge and
provide an effective date.
Motion: Bledsoe
Second: Morris
Ayes: Bledsoe, Morris, Muller, Terrell, Schelling, Wang
Nays: None
Absent: Zito
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, June 21, 2011
Page 12 of 19
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS,
APPOINTING A MUNICIPAL JUDGE AND AUTHORIZING THE MAYOR TO EXECUTE AN
AGREEMENT WITH THE MUNICIPAL JUDGE; AND PROVIDING AN EFFECTIVE DATE.
7. ORDINANCES, FIRST READINGS, AND RELATED ITEMS:
7A. ORDINANCE NO. 480 -555A AND ORDINANCE NO. 480 -606 (ZA11 -015), 1ST
READING, ZONING CHANGE AND CONCEPT /DEVELOPMENT PLAN FOR
EAST HAVEN ADDITION ON PROPERTY DESCRIBED AS LOTS 7R1, 8R1,
8R2, 20R1, 21R1, BLOCK 1, AND LOT 1R1, BLOCK 2, EAST HAVEN
ADDITION AND BEING LOCATED AT 1170, 1166, 1160, 1150 AND 1140
HAVEN CIRCLE AND 1021 EAST CONTINENTAL BOULEVARD,
RESPECTIVELY. CURRENT ZONING: "R -PUD" RESIDENTIAL PLANNED
UNIT DEVELOPMENT DISTRICT. REQUESTED ZONING: "R -PUD"
RESIDENTIAL PLANNED UNIT DEVELOPMENT DISTRICT AND "SF -2"
SINGLE FAMILY RESIDENTIAL DISTRICT. SPIN NEIGHBORHOOD #9. (IF
APPROVED AT 1ST READING, THE PUBLIC HEARING FOR THIS ITEM
WILL BE HELD ON AUGUST 2, 2011.)
APPROVED
Planner I Lorrie Fletcher presented item to Council and was available to answer
questions.
Applicant representative Otis Lee with Baird, Hampton and Brown, Engineers, 6300
Ridglea, Fort Worth, Texas, was present to answer questions from Council.
A motion was made to approve Ordinance No. 480 -555a and Ordinance No. 480 -606,
1 reading, zoning change and concept/development plan for East Haven addition,
pursuant to concept plan review summary No. 2, dated May 31, 2011.
Motion: Bledsoe
Second: Morris
Ayes: Bledsoe, Morris, Muller, Terrell, Schelling, Wang
Nays: None
Absent: Zito
Approved: 6 -0
7B. ORDINANCE NO. 480 -509B (ZA11 -022), 1ST READING, ZONING CHANGE
AND DEVELOPMENT PLAN FOR COTSWOLD VALLEY ON PROPERTY
DESCRIBED AS COTSWOLD VALLEY AND BEING LOCATED AT 2200 —
2244 COTSWOLD VALLEY COURT. CURRENT ZONING: "R -PUD"
RESIDENTIAL PLANNED UNIT DEVELOPMENT DISTRICT. REQUESTED
ZONING: "R -PUD" RESIDENTIAL PLANNED UNIT DEVELOPMENT
DISTRICT. SPIN NEIGHBORHOOD #4. (IF APPROVED AT 1ST READING,
THE PUBLIC HEARING FOR THIS ITEM WILL BE HELD ON AUGUST 2,
2011.)
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Page 13 of 19
APPROVED
Director of Planning and Development Ken Baker presented item and reviewed the
proposed text amendments with Council. The Planning and Zoning Commission, at
their June 9, 2011 meeting, approved the request by a vote of 4 -0, subject to the staff
report dated June 9, 2011.
Applicant representative Ralph Bush with Centurion American Development Group,
1221 IH 35E, Suite 200, Carrollton, Texas presented item and answered questions from
Council.
A motion was made to approve Ordinance No. 480 -509b, 1 reading, zoning change
and development plan for Cotswold Valley; revising the minimum required front yard
setback from 25 to 20 feet; increasing the maximum allowable lot coverage from 30% to
35 %; revising the minimum livable floor area from 3,500 square feet to 3,000 square
feet; revising the minimum livable square footage on the first floor from 75% to 65 %;
and subject to the staff report dated June 9, 2011.
Motion: Bledsoe
Second: Wang
Ayes: Bledsoe, Morris, Terrell, Schelling, Wang
Nays: Muller
Absent: Zito
Approved: 5 -1
Mayor Terrell announced that Council would move to item 9A.
9A. CONSIDER MSP11 -003, MASTER SIGN PLAN FOR CARILLON TEMPORARY
SIGNS.
APPROVED
Planner I Lorrie Fletcher presented item to Council and was available to answer
questions. Ms. Fletcher outlined the type, location, and number of signs requested by
the applicant.
Applicant representative Ben Bruer with Hines Development, 2200 Ross Avenue,
Dallas, Texas addressed questions from Council.
The Council and applicant discussed the location and number of signs (two types -2A
and 2B) requested for the development. Sign type 2A has an aluminum sign face with
masonry stone and 2B has an aluminum sign face with metal stakes that can be
relocated throughout the development.
A motion was made to approve MSP11 -002, master sign plan for Carillon temporary
signs, noting the color field on the reverse side of the signs is the same as the front;
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Page 14 of 19
sign option 2B will be limited to two signs; the time period for this permit is limited to five
years; and pursuant to the staff report, dated June 15, 2011.
Motion: Bledsoe
Second: Morris
Ayes: Bledsoe, Morris, Muller, Terrell, Schelling, Wang
Nays: None
Absent: Zito
Approved: 6 -0
Mayor Terrell announced that Council approved item 6G— Ordinance No. 1006,
providing for the appointment of a municipal judge. The approval of the first reading for
Ordinance No. 1006 appointed Carol Montgomery as municipal judge. Mayor Terrell
clarified the second reading for Ordinance No. 1006 is to appoint Carol Montgomery as
the City's municipal judge.
Mayor Terrell announced that Council would convene into Executive Session pursuant
to the Texas Government Code, Section 551.074 deliberation regarding personnel
matters. City Council adjourned for Executive Session at 9:14 p.m. Executive Session
began at 9:15 p.m. and concluded at 10:15 p.m.
Mayor Terrell reconvened the regular meeting at 10:15 p.m.
8. RESOLUTIONS:
8A. RESOLUTION NO. 11 -035, APPOINT MEMBERS TO THE BUILDING BOARD
OF APPEALS, JOINT UTILIZATION COMMITTEE, LIBRARY BOARD, PARKS
AND RECREATION BOARD, PLANNING AND ZONING COMMISSION,
SENIOR ADVISORY COMMISSION, SOUTHLAKE BUSINESS COUNCIL,
SOUTHLAKE PARKS DEVELOPMENT CORPORATION, SOUTHLAKE
PROGRAM FOR THE INVOLVEMENT OF NEIGHBORHOODS, TEEN COURT
ADVISORY BOARD, AND ZONING BOARD OF ADJUSTMENT.
APPROVED
Mayor Terrell announced that Council would consider and make appointments to the
Joint Utilization Committee after Council's June retreat. Council would also consider
appointments to the Southlake Program for the Involvement of Neighborhoods and
Southlake Arts Council at a future meeting. The consensus of Council was to have the
membership of the Parks and Recreation Board reflect seven (7) members.
A motion was made to approve Resolution No. 11 -035 appointing the following
members:
BOARD OF APPEALS
Name Place Term Expiring
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Page 15 of 19
Mr. Bob Lee Place 1 May 2013
Mr. Dustin Andrew Place 3 May 2013
LIBRARY BOARD
Name Place Term Expiring
Ms. Ayako Miyazaki Place 4 May 2013
Ms. Kimberly Roberts Place 5 May 2013
Ms. Michelle Spradlin Place 6 May 2013
PARKS AND RECREATION BOARD
Name Place Term Expiring
Ms. Elaine Cox Place 1 May 2013
Ms. Tina Wassesrmann Place 2 May 2013
Mr. John Slocum Place 3 May 2013
PLANNING AND ZONING COMMISSION
Name Place Term Expiring
Mr. Darrel Faglie May 2013
Mr. Robert Hudson May 2013
Mr. Michael Springer May 2013
Mr. Michael Forman May 2012 (fill a vacancy)
Mr. Randy Williamson May 2012 ((fill a vacancy)
SENIOR ADVISORY COMMISSION
Name Place Term Expiring
Mr. David Baltimore Place 4 May 2013
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Page 16 of 19
Ms. Margie Kyle Place 7 May 2013
Ms. Jeanette Gossage Alternate 1 May 2013
SOUTHLAKE ARTS COUNCIL
Name Place Term Expiring
Ms. Leslie Bartlett Place 1 May 2013
SOUTHLAKE BUSINESS COUNCIL
Name Place Term Expiring
Mr. Randall McCauley Bank/Financial May 2013
Mr. Michael Hutchison Hospitality /Hotel May 2013
Mr. Peter Ermish Manufacturing /Distribution May 2013
Mr. Mike Tesoriero Marketing /Public Relations May 2013
Ms. Traci Bernard Medical May 2013
Mr. Brian Zvonecek Professional Services May 2013
Mr. Mark Guilbert Restaurant (franchise) May 2013
Mr. Paul Harty Retail (local) May 2013
Ms. Laura Hill General Business May 2013
Mr. John Tatum General Business May 2012 (fill a vacancy)
Ex- Officio members are appointed by positions /titles as follows:
Ms. Carolyn Morris City Council Liaison
SOUTHLAKE PARKS DEVELOPMENT CORPORATION
Name Place Term Expiring
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Page 17 of 19
Ms. Carolyn Morris City Council Representative May 2013
Mr. Jeff Wang City Council Representative May 2013
Ms. Sherry Berman Citizen Representative May 2013
METROPORT TEEN COURT ADVISORY BOARD
Name Place Term Expiring
Mr. Al Zito Southlake Councilmember May 2013
Ms. Sandra Sobocinski City of Southlake Representative May 2013
Mr. Timothy Reilley City of Southlake Representative May 2013
ZONING BOARD OF ADJUSTMENT
Name Place Term Expiring
Mr. Chad Patton Place 1 May 2012 (fill a vacancy)
Mr. Shawn McCaskill Place 2 May 2013
Mr. Laird Fairchild Place 3 May 2013
Ms. Phyllis Lambert Place 5 May 2013
Ms. Lisa Amend Alternate 1 May 2013
Mr. Dustin Andrews Alternate 2 May 2012 (fill a vacancy)
Motion: Bledsoe
Second: Morris
Ayes: Bledsoe, Morris, Muller, Terrell, Schelling, Wang
Nays: None
Absent: Zito
Approved: 6 -0
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 VARIOUS POSITIONS ON THE BUILDING BOARD OF
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Page 18 of 19
APPEALS, JOINT UTILIZATION COMMITTEE, LIBRARY BOARD, PARKS AND
RECREATION BOARD, PLANNING AND ZONING COMMISSION, SENIOR
ADVISORY COMMISSION, SOUTHLAKE ARTS COUNCIL, SOUTHLAKE BUSINESS
COUNCIL, SOUTHLAKE PARKS DEVELOPMENT CORPORATION, METROPORT
TEEN COURT ADVISORY BOARD, ZONING BOARD OF ADJUSTMENT, AND
SOUTHLAKE PROGRAM FOR THE INVOLVEMENT OF NEIGHBORHOODS (S.P.I.N.)
AND PROVIDING AN EFFECTIVE DATE.
9. OTHER ITEMS FOR CONSIDERATION:
9A. CONSIDER MSP11 -003, MASTER SIGN PLAN FOR CARILLON TEMPORARY
SIGNS.
APPROVED
Council considered and took action on this item earlier in the meeting.
10. OTHER ITEMS FOR DISCUSSION: (THERE ARE NO ITEMS ON THIS
AGENDA.)
11. MEETING ADJOURNED.
Mayor Terrell adjourned the meeting at 10:36 p.m.
*An audio recording of this meeting will be permanently retained in the City Secretary's
Office.
14
John Terrell
Mayor
ATTEST:
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= * Alicia Richardson r ; 1
City Secretary =
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REGULAR CITY COUNCIL MEETING MINUTES, June 21, 2011
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