2011-09-20 CITY OF
S OUTHLAKE
TEXAS
REGULAR CITY COUNCIL MEETING MINUTES: September 20, 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, Martin
Schelling, Jeff Wang and Al Zito.
CITY COUNCIL ABSENT: None
STAFF PRESENT: City Manager Shana Yelverton, Assistant City Manager /Director of
Public Safety Jim Blagg, Communication and Websites Manager Pilar Schank, Director
of Community Services Chris Tribble, Assistant to the Community Services Director
Candice Sanders, Marketing and Tourism Manager Jill Lind, Director of Finance Sharen
Jackson, Director of Human Resources Stacey Black, Director of Planning and
Development Services Ken Baker, Planner I Daniel Cortez, Chief of Fire Services Mike
Starr, Interim Chief of Police Services Rusty Daniels, Emergency Management
Coordinator Kyle Taylor, Director of Public Works Robert Price, Deputy Director of
Public Works Gordon Mayer, City Attorney E. Allen Taylor, and City Secretary Alicia
Richardson.
WORK SESSION:
1. CALL TO ORDER
The Work Session was called to order by Mayor Terrell at 5:36 p.m.
2. INVOCATION
Mr. Nino Elliott with The Hills Church of Christ gave the invocation. Mayor Terrell led
the pledge of allegiance.
3. PRESENTATION BY SOUTHLAKE SISTER CITIES.
Ms. Kiko Ekstrom and Youth Ambassador Paulette Cunningham presented the City and
Council with a gift from Sister City Tome, Japan.
4. DISCUSS ALL ITEMS ON TONIGHT'S MEETING AGENDA. NO ACTION WILL
BE TAKEN AND EACH ITEM WILL BE CONSIDERED DURING THE
REGULAR SESSION.
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No action will be taken and each item will be considered during the Regular Session.
Mayor Terrell read the consent agenda items. The consensus of Council was for staff
to bring back additional information at a future meeting to address fire alarm permits.
REGULAR SESSION:
1. CALL TO ORDER
The Regular Session of the City Council was called to order by Mayor Terrell at 5:51
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
5:51 p.m. Executive Session began at 6:20 p.m. and concluded at 7:40 p.m.
2B. RECONVENE
Mayor Terrell reconvened the regular meeting at 7:50 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.
Proclamation for National Preparedness Month
Mayor Terrell recognized and proclaimed the month of September as National
Preparedness Month. Emergency Management Coordinator Kyle Taylor was present to
receive the proclamation.
Proclamation for Southlake Tennis Center
The Southlake Tennis Center proclamation will be presented at the October 4, 2011
City Council meeting.
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B. City Manager's Report —
Ordinance Priority Schedule
City Manager Shana Yelverton presented item to Council. A copy of the ordinance
priority schedule was provided to Council.
Southlake Public Library written report
There was no presentation for this item.
4. CONSENT AGENDA (Items 4A -G) 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 MINUTES FROM THE SEPTEMBER 6, 2011 CITY COUNCIL
MEETING.
4B. APPROVE THE PURCHASE OF RIGHT OF WAY AND EASEMENTS FOR
KIMBALL AVENUE IMPROVEMENTS FROM THE PROPERTIES AT 1480-
1620 NORTH KIMBALL AVENUE IN THE AMOUNT OF $129,444
4C. APPROVE CHANGE ORDER NO. 2 WITH ED BELL CONSTRUCTION
COMPANY FOR THE KIMBALL AVENUE IMPROVEMENT PROJECT IN THE
AMOUNT OF $156,980.85.
Director of Public Works Bob Price summarized item and answered questions from
Council.
4D. RESOLUTION NO. 11 -045, A RESOLUTION OF THE CITY OF SOUTHLAKE,
TEXAS, AND COMMITTING REVENUE SOURCES FOR SPECIFIC
PURPOSES AND PROVIDING AN EFFECTIVE DATE.
4E. RESOLUTION NO. 11 -046, AMEND THE FEE SCHEDULE.
Council member Morris asked staff to provide Council with additional information
regarding house alarm fees. Council member Morris commented that instead of an
annual alarm fee the City should look at charging a fee for false alarms based on
occurrence.
4F. ORDINANCE NO. 480 -605 (ZA10 -067), 1 ST 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
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1A — SINGLE FAMILY RESIDENTIAL DISTRICT. REQUESTED ZONING: 01 —
OFFICE DISTRICT. SPIN NEIGHBORHOOD #11. THE APPLICANT HAS
REQUESTED TO TABLE THIS ITEM UNTIL THE OCTOBER 4, 2011 CITY
COUNCIL MEETING. (THIS ITEM WAS PREVIOUSLY TABLED AT THE
AUGUST 2, AUGUST 16, AND SEPTEMBER 6, 2011 CITY COUNCIL
MEETINGS.)
4G. ORDINANCE NO. 544 -B, 2 READING, AMENDING ORDINANCE 544 -A, THE
CITY OF SOUTHLAKE'S LANDSCAPE ORDINANCE. THIS ITEM AND
PUBLIC HEARING IS ADMINISTRATIVELY TABLED TO THE OCTOBER 4,
2011, CITY COUNCIL MEETING.
A motion was made to approve the consent agenda as read and directing staff to bring
back additional information regarding house alarm fees.
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.
Ms. Dianne Dorman, 100 Ascot Drive, spoke about the complaint she filed regarding the
display of the United States flag on Memorial Day.
Mr. Pat Moore, 1221 Morgan Road, spoke about the power outage in his neighborhood.
Mr. Moore presented a petition to Council that requests a redesign and correction of
power grid in the Cross Timber Hills area.
Mr. Giovanni Capriglione, 1352 Ten Bar Trail, provided Council with an update on the
power issues experienced in the Timber Hills neighborhood.
Mr. Bill Spivey, 1520 Randol Mill, spoke about gas drilling and mineral royalties.
There being no one else wishing to speak, Mayor Terrell closed the public hearing.
6. ORDINANCES, SECOND READINGS, PUBLIC HEARINGS, AND RELATED
ITEMS:
6A. ZA11 -034, SITE PLAN FOR STRATFORT GARDENS RETAIL CENTER ON
PROPERTY DESCRIBED AS LOT 17, H. GRANBERRY NO. 581 ADDITION,
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SOUTHLAKE, TARRANT COUNTY, TEXAS AND BEING LOCATED AT 445
WEST SOUTHLAKE BOULEVARD, SOUTHLAKE, TEXAS. CURRENT
ZONING: C2 - LOCAL RETAIL COMMERCIAL DISTRICT. SPIN
NEIGHBORHOOD #10. PUBLIC HEARING
APPROVED
Planner I Daniel Cortez presented item for Council and was available to answer
questions. Mr. Cortez's review included future land use designation, current zoning for
property, original concept plan, proposed site plan, elevation plan and landscape plan.
Mr. Cortez outlined the variances requested by the applicant. The Planning and Zoning
Commission approved the request by a vote of 6 -0, granting the requested variances for
off - street parking from 48 to 44 parking spaces; width of curb landscape area; driveway
stacking; and subject to the applicant's willingness to: remove dumpster from proposal
and include two additional parking spaces on the lot and include additional evergreen
plantings on the western portion of the property; and subject to staff review summary
No. 3, dated August 31, 2011.
Applicant representative Kosse Maykus was available to answer questions from
Council.
Council and applicant discussed the service drive depicted on the site plan. Council
expressed concern with the service drive becoming a drive through and the additional
vehicular traffic.
Mr. Maykus informed Council the service drive is needed for the business to provide
access for delivery of services /goods.
In response to Council member Wang's request, Mr. Maykus agreed to remove the
parking space located next to the fire hydrant at the southwest corner of the lot.
In response to Council member Morris' question, Mr. Maykus informed Council he
visited with the owner of the veterinary clinic, but the owner was not open to executing a
cross - access agreement.
Mayor Terrell opened the public hearing, and asked for anyone wishing to speak on the
item to come forward. There being no one wishing to speak, Mayor Terrell closed the
public hearing.
A motion was made to approve ZA11 -034, the site plan for Stratfort Gardens Retail
Center, approving the variances for off - street parking, parking lot landscape area
requirements, and driveway stacking; applicant will remove one parking space on the
site plan from the southwest corner of the lot, providing a net total of 45 parking spots,
including three offsite parking spots at the Goddard property; applicant will remove
dumpster on the property, subject to providing a utilization agreement for the dumpster
on the Goddard property; the western elevations will mimic the window openings on the
northwest corner property with four stone faux window type treatments for the southern
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portion of the building; the service lane drive through access on the western side of the
property for distribution or use of a drive through would only be available to the southern
3,500 square feet of the building and provided that there is no on -site food consumption
on the southern 3,5000 square feet of the building.
Motion: Bledsoe
Second: Morris
Ayes: Bledsoe, Morris, Muller, Terrell, Schelling, Zito, Wang
Nays: None
Approved: 7 -0
6B. ORDINANCE NO. 1014, 2 READING, APPROVE AND ADOPT THE ANNUAL
BUDGET FOR THE FISCAL YEAR 2012 AND APPROVE THE REVISED
BUDGET FIGURES FOR THE FISCAL YEAR 2011 AND MULTI -YEAR
CAPITAL IMPROVEMENTS PLAN. PUBLIC HEARING
APPROVED
City Manager Shana Yelverton summarized the item and answered questions from
Council.
Mayor Terrell opened the public hearing, and asked for anyone wishing to speak on the
item to come forward. There being no one wishing to speak, Mayor Terrell closed the
public hearing.
A motion was made to approve Ordinance No. 1014, annual budget for the fiscal year
2012 and approve the revised budget figures for fiscal year 2011 and multi -year capital
improvements plan, with an additional $157,000 to the utility fund capital improvement
project for the Kimball Avenue /Forest Main relocation.
Motion: Bledsoe
Second: Zito
Ayes: Bledsoe, Morris, Muller, Terrell, Schelling, Zito, Wang
Nays: None
Approved: 7 -0
6C. ORDINANCE NO. 1015, 2 READING, TAX LEVY ORDINANCE. PUBLIC
HEARING
APPROVED
Council member Morris left the meeting at 9:09 p.m.
Council did not require a presentation for this item.
Council member Morris returned to the meeting at 9:10 p.m.
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Mayor Terrell opened the public hearing, and asked for anyone wishing to speak on the
item to come forward. There being no one wishing to speak, Mayor Terrell closed the
public hearing.
A motion was made to approve Ordinance No. 1015.
Motion: Bledsoe
Second: Zito
Ayes: Bledsoe, Morris, Muller, Terrell, Schelling, Zito, Wang
Nays: None
Approved: 7 -0
6D. ORDINANCE NO. 1009, 2 READING, CARROLL /F.M. 1709 SMALL AREA
PLAN, A COMPONENT OF THE SOUTHLAKE 2030 LAND USE PLAN.
PUBLIC HEARING (THIS ITEM WAS TABLED BY CITY COUNCIL AT THE
SEPTEMBER 6, 2011 MEETING.)
APPROVED
Mayor Pro Tem Bledsoe left the meeting at 9:11 p.m.
Director of Planning and Development Ken Baker summarized item and was available
to answer questions from Council.
Mayor Pro Tem Bledsoe returned to the meeting at 9:14 p.m.
In response to Council member Wang's question, Mr. Baker explained the difference
between density cluster and medium density cluster.
Mayor Terrell opened the public hearing, and asked for anyone wishing to speak on the
item to come forward. There being no one wishing to speak, Mayor Terrell closed the
public hearing.
A motion was made to approve Ordinance No. 1009, Carroll /FM 1709 Small Area Plan,
a component of the Southlake 2030 Land Use Plan with the following stipulations: the
clustering comment will be removed from the land use medium density cluster
designation, but will include a comment that there will be site specific comments
regarding clustering of housing, which will include rationale for the preservation of
critical environmental resources —open spaces and similar elements of that nature.
Motion: Bledsoe
Second: Morris
Ayes: Bledsoe, Morris, Muller, Terrell, Schelling, Zito, Wang
Nays: None
Approved: 7 -0
6E. ORDINANCE NO. 1010, 2 READING, CROOKED /KIMBALL SMALL AREA
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PLAN, A COMPONENT OF THE SOUTHLAKE 2030 LAND USE PLAN.
PUBLIC HEARING (THIS ITEM WAS TABLED BY CITY COUNCIL AT THE
SEPTEMBER 6, 2011 MEETING.)
APPROVED
Director of Planning and Development Ken Baker summarized item and was available
to answer questions from Council. Mr. Baker outlined the changes made after the first
reading of the ordinance.
Council had considerable discussion regarding the land use recommendations and the
small area plan.
Mayor Terrell opened the public hearing, and asked for anyone wishing to speak on the
item to come forward.
Mr. Darrell Faglie, 505 South Kimball Avenue, inquired about the City process when
considering a master land use plan.
Mr. Baker summarized the process to implement a land use plan and how the plan is
utilized by the Council.
There being no one else wishing to speak, Mayor Terrell closed the public hearing.
A motion was made to approve Ordinance No. 1010, Crooked /Kimball, a component of
the 2030 Land Use Plan, with the following stipulations: the low density designations for
the two most northerly Tots located along the eastern boundary of Kimball be designated
as mixed use and the southerly lot included therein will have its line drawn across and
over to the 65LDN and be designated as mixed use; development in low density
designation shall be developed in a master planned context; the overall mixed use will
be proceeded in a master planned manner, with the preference to have lower intensity
uses from the northeast to the southwest across the plan area; and the removal of the
clustering designation on the low- intensity portion of the land use plan.
Motion: Bledsoe
Second: Wang
Ayes: Bledsoe, Muller, Terrell, Schelling, Zito, Wang
Nays: Morris
Approved: 6 -1
Mayor Terrell recessed the meeting at 10:26 p.m.
Mayor Terrell reconvened the meeting at 10:35 p.m.
6F. ORDINANCE NO. 1012, 2 READING, F.M. 1709 /F.M. 1938 CORRIDOR
SECTOR PLAN, AN ELEMENT OF THE SOUTHLAKE 2030 LAND USE PLAN.
PUBLIC HEARING
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APPROVED
Director of Planning and Development Ken Baker summarized item and was available
to answer questions from Council.
Council had considerable discussion regarding the land use recommendations and the
FM 1709/FM 1938 corridor sector plan.
Mayor Terrell opened the public hearing, and asked for anyone wishing to speak on the
item to come forward.
Mr. Juergen Strunck, 200 North Carroll Avenue Post Avenue, spoke in opposition of
item.
Mr. Angelo Mendez, 1334 Lake View Drive, spoke in support of the item.
There being no one else wishing to speak, Mayor Terrell closed the public hearing.
A motion was made to approve Ordinance No. 1012, FM 1709/FM 1938 Corridor Sector
Plan, an element of the 2030 Land Use Plan, with the following stipulations: the plan
area at the northwest corner of Carroll and FM 1709 will include a sliver of
office /commercial to coincide with the plat area of the existing development; the Mendez
property will coincide with the overall plat development; the remainder of the plan area
will have a medium density residential designation with recommendation or
consideration that higher office uses may be considered along the eastern property
boundaries along Carroll Avenue, provided that they are planned in a comprehensive
manner; changing the designation of the Stratford Garden development from
office /commercial to mixed use; and discourage any connectivity with cross lane to
Carroll at the northwest corner of Carroll and FM 1709.
Motion: Bledsoe
Second: Morris
Ayes: Bledsoe, Morris, Muller, Terrell, Schelling, Zito, Wang
Nays: None
Approved: 7 -0
7. ORDINANCES, FIRST READINGS, AND RELATED ITEMS:
7A. ORDINANCE NO. 480 -439B (ZA11 -027), 1 READING, ZONING CHANGE
AND SITE /CONCEPT PLAN FOR CORNERSTONE BUSINESS PARK ON
PROPERTY DESCRIBED AS LOTS 1R, 2R1 R, 3R, 4R, AND 5R1, 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. REQUESTED ZONING: S -P -2 — GENERAL
SITE PLAN DISTRICT. SPIN NEIGHBORHOOD #8. (IF APPROVED ON 1sT
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READING, THE PUBLIC HEARING FOR THIS ITEM WILL BE HELD ON
OCTOBER 4, 2011.)
TABLED
Applicant was not present to give a presentation to Council.
A motion was made to table Ordinance No. 480 -439B to the October 4, 2011 meeting.
Motion: Bledsoe
Second: Zito
Ayes: Bledsoe, Morris, Muller, Terrell, Schelling, Zito, Wang
Nays: None
Approved: 7 -0
Mayor Terrell announced that Council would move to Item 8B.
8B. RESOLUTION NO. 11 -043, APPOINT MEMBERS TO THE CRIME CONTROL
AND PREVENTION DISTRICT. (THIS ITEM WAS TABLED BY CITY COUNCIL
AT THE SEPTEMBER 6, 2011 MEETING.)
APPROVED
A motion was made to approve Resolution No. 11 -043 to appoint the following Crime
Control and Prevention District members to a term expiring September 2013: Mr. Ken
McMillian, Place 1; Mr. Robert Williams, Place 2; Mr. Frank Powers, Place 3; and
Richard Sandow, Place 4.
Motion: Bledsoe
Second: Morris
Ayes: Bledsoe, Morris, Muller, Terrell, Schelling, Zito, Wang
Nays: None
Approved: 7 -0
Mayor Terrell announced that Council would move to Item 9A.
9A. CONSIDER RECOGNITION OPTIONS FOR TOWN SQUARE DEVELOPER
BRIAN STEBBINS.
Mayor Terrell summarized item and asked Council if there was consensus for a piece of
art to recognize Mr. Brian Stebbins. There was consensus from Council for the art
piece.
Council discussed the recognition of Brian Stebbins contribution, his partnership with
the City and the result of the collaborative effort and completion of Town Square. The
consensus of Council was to recognize both Brian Stebbins and the City of Southlake
for their joint partnership on the successful Town Square development.
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Page 10 of 13
Council directed staff to review language and bring forward their recommendation at the
next Council meeting.
Mayor Terrell announced that Council would move to Item 10A.
10A. DISCUSS SAFETY TOWN.
Mayor Terrell commented this item was placed on the agenda to discuss and provide
direction to staff regarding Safety Town. Mayor Terrell announced that the Parks and
Recreation Board expressed an interest to include this project in their 2030 Parks,
Recreation and Open Space Master plan discussion.
Council discussed the Safety Town project. There was no consensus of Council
regarding funding amount or location for Safety Town.
The consensus of Council was to charge the Parks and Recreation Board to include the
Safety Town project in the 2030 master plan discussion.
8. RESOLUTIONS:
8A. RESOLUTION NO. 11 -042, APPOINT MEMBERS TO THE BUILDING BOARD
OF APPEALS, JOINT UTILIZATION COMMITTEE, LIBRARY BOARD, PARKS
AND RECREATION BOARD, SOUTHLAKE ARTS COUNCIL, SOUTHLAKE
PARKS DEVELOPMENT CORPORATION, ZONING BOARD OF
ADJUSTMENT AND SOUTHLAKE PROGRAM FOR THE INVOLVEMENT OF
NEIGHBORHOODS (S.P.I.N.). (THIS ITEM WAS TABLED BY CITY COUNCIL
AT THE SEPTEMBER 6, 2011 MEETING.)
APPROVED
A motion was made to approve Resolution No. 11 -042, appointing the following board
and commission members:
BOARD OF APPEALS
Richard Sandow Place 5 May 2013
Michael Waldman Place 7, Alternate 2 May 2013
LIBRARY BOARD
Sally Biersmith Place 7 May 2013
PARKS AND RECREATION BOARD
Lori Palmer Place 4 May 2012 (fill a vacancy)
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SOUTHLAKE ARTS COUNCIL
Jesika Cook Place 3 May 2013
Tammy Hashemian Place 5 May 2013
Leslie Ann Walker Place 7 May 2013
SOUTHLAKE PROGRAM FOR THE INVOLVEMENT OF NEIGHBORHOODS (SPIN)
Rob Baker SPIN No. 1 May 2013
Jeffrey Medici SPIN No. 3 May 2013
Barbara Schlauch SPIN No. 5 May 2013
Vic Awtry SPIN No. 7 May 2013
Ray Tremain SPIN No. 9 May 2013
Monique Schill SPIN No.11 May 2013
Michelle Terry Youth SPIN Representative May 2012 (fill a vacancy)
Juliet Williams SPIN No. 6, Alternate May 2012 (fill a vacancy)
Milton Blake Senior, Alternate May 2012 (fill a vacancy)
Motion: Bledsoe
Second: Zito
Ayes: Bledsoe, Morris, Muller, Terrell, Schelling, Zito, Wang
Nays: None
Approved: 7 -0
8B. RESOLUTION NO. 11 -043, APPOINT MEMBERS TO THE CRIME CONTROL
AND PREVENTION DISTRICT. (THIS ITEM WAS TABLED BY CITY COUNCIL
AT THE SEPTEMBER 6, 2011 MEETING.)
APPROVED
Council discussed this item earlier in the meeting.
9. OTHER ITEMS FOR CONSIDERATION:
9A. CONSIDER RECOGNITION OPTIONS FOR TOWN SQUARE DEVELOPER
BRIAN STEBBINS.
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10. OTHER ITEMS FOR DISCUSSION:
10A. DISCUSS SAFETY TOWN.
Council discussed this item earlier in the meeting.
11. MEETING ADJOURNED.
Mayor Terrell adjourned the meeting at 12:28 a.m.
*An audio recording of this meeting will be permanently retained in the City Secretary's
Office.
John erre
Mayor
ATTEST: ►
1 : • �
•
Alicia Richardson - •• :
City Secretary •.'"'• "•••
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