Item 4AREGULAR CITY COUNCIL MEETING MINUTES: December 6, 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, Assistant City Manager Ben Thatcher, Assistant to the City
Manager Alison Ortowski, Communication and Websites Manager Pilar Schank,
Director of Community Services Chris Tribble, Director of Finance Sharen Jackson,
Director of Planning and Development Services Ken Baker, Planner II Richard Schell,
Interim Chief of Police Services Rusty Daniels, Director of Public Works Bob Price, 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 5:35 p.m.
2. INVOCATION
Mr. David Whitington with Christ Our King Church gave the invocation. Mayor Terrell
led the pledge of allegiance.
3. “TOWN HALL ON DEMAND” DEMONSTRATION
Assistant to the City Manager Alison Ortowski provided an overview of an additional
communication tool that allows the City to solicit public input through an online public
forum. The topics would be selected by the City and the site would be managed by
Peak Democracy. Town Hall on Demand would allow members of the public who are
not able to attend a public meeting the ability to provide their input. Ms. Ortowski
informed Council the website would include standards for posting public comments.
Each participant would be limited to one comment for each topic. The comments will be
geocoded, which will allow staff to determine the region of each posted comment.
REGULAR CITY COUNCIL MEETING MINUTES, December 6, 2011
Page 1 of 15
Council discussed the features of Town Hall on Demand and provided comments to
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.
Mayor Terrell reviewed the consent agenda items.
REGULAR SESSION:
1. CALL TO ORDER
The Regular Session of the City Council was called to order by Mayor Terrell at 6:16
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
6:16 p.m. Executive Session began at 6:30 p.m. and concluded at 8:00 p.m.
2B. RECONVENE
Mayor Terrell reconvened the regular meeting at 8:09 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 –
Proclamation – Carroll Cross Country Track Team
Mayor Terrell recognized members of the Cross Country Boys and Girls Team for their
successful bid for State 5-A Championship Title.
Update of upcoming meetings and events
Mayor Terrell announced the upcoming City events.
B. City Manager’s Report –
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Page 2 of 15
No report given.
4. CONSENT AGENDA (Items 4A-O)
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 AUGUST 23 AND NOVEMBER 15, 2011
CITY COUNCIL MEETINGS.
4B. APPROVE A COMMUNITY EVENTS PARTICIPATION AGREEMENT WITH
GREENFELLOWS, INC. FOR THE 2012 SOUTHLAKE GREEN FEST EVENT
IN THE AMOUNT OF $697.28.
4C. AWARD CONSTRUCTION CONTRACT FOR TW KING GROUND STORAGE
TANK REPAIR AND PAINTING TO MK PAINTING, INC. IN THE AMOUNT OF
$698,100.
4D. APPROVE THE OPTION TO EXTEND THE CURRENT CONTRACT WITH
SIGNATURE CONTRACTING SERVICES AS THE PRIMARY CONTRACT
FOR LANDSCAPE MAINTENANCE SERVICES FOR GROUP 5 IN THE
AMOUNT NOT TO EXCEED $15,000 AND AS THE ALTERNATE CONTRACT
AWARD FOR GROUP 4 LANDSCAPE SERVICES FOR 2012
.
4E. APPROVE THE OPTION TO EXTEND THE CURRENT CONTRACT WITH
O’DONNELL’S LANDSCAPE SERVICES AS THE PRIMARY CONTRACT
FOR LANDSCAPE MAINTENANCE SERVICES FOR GROUPS 2, 3, 4, 6 AND
7 IN THE AMOUNT NOT TO EXCEED $275,000 AND AS THE ALTERNATE
CONTRACT AWARD FOR GROUP 1 AND 5 FOR LANDSCAPE
MAINTENANCE SERVICES.
4F. APPROVE THE OPTION TO EXTEND THE CURRENT CONTRACT WITH
DYNA-MIST IRRIGATION COMPANY AS THE PRIMARY CONTRACT FOR
LANDSCAPE SERVICES FOR GROUP 1 IN THE AMOUNT NOT TO EXCEED
$120,000 AND AS THE ALTERNATE CONTRACT AWARD FOR GROUPS 2,
3, AND 6 FOR LANDSCAPE SERVICES.
4G. APPROVE AMENDMENT NO. 2 TO THE ENGINEERING AGREEMENT WITH
NATHAN D. MAIER CONSULTING ENGINEERS, INC. FOR WHITE CHAPEL
BOULEVARD FROM HIGHLAND TO STATE HIGHWAY 114 IN THE AMOUNT
OF $173,827.00.
4H. APPROVE A PROPOSAL FROM HINES GROUP FOR ART WORK IN
CARILLON DEVELOPMENT.
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4I. APPROVE AN AGREEMENT WITH FACILITY SOLUTIONS GROUP TO
UPGRADE THE REMAINING DECORATIVE LIGHT FIXTURES AT THREE
INTERSECTIONS ON STATE HIGHWAY 114 IN THE AMOUNT OF $57,512.
4J. RESOLUTION NO. 11-052, CAST VOTE FOR DENTON CENTRAL
APPRAISAL DISTRICT (DCAD) BOARD OF DIRECTOR CANDIDATE.
The consensus of Council is to cast three votes for Lourdes Hassler.
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,
CASTING THREE VOTES FOR A CANDIDATE(S) FOR APPOINTMENT TO THE
DENTON CENTRAL APPRAISAL DISTRICT BOARD OF DIRECTORS AND
PROVIDING AN EFFECTIVE DATE.
4K. RESOLUTION NO. 11-053, CAST VOTE FOR TARRANT APPRAISAL
DISTRICT (TAD) BOARD OF DIRECTOR CANDIDATE.
The consensus of Council is to cast 47 votes for David Averitt.
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,
CASTING FORTY-SEVEN (47) VOTES FOR A CANDIDATE(S) FOR APPOINTMENT
TO THE TARRANT APPRAISAL DISTRICT BOARD OF DIRECTORS AND
PROVIDING AN EFFECTIVE DATE.
4L. 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, SOUTHLAKE,
TARRANT COUNTY, TEXAS AND BEING LOCATED AT 620 SOUTH WHITE
CHAPEL BOULEVARD, SOUTHLAKE, TEXAS. CURRENT ZONING: AG –
AGRICULTURAL DISTRICT. SPIN NEIGHBORHOOD #10. THIS ITEM IS
ADMINISTRATIVELY TABLED TO THE FEBRUARY 7, 2012 CITY COUNCIL
MEETING.
(CITY COUNCIL WAS ORIGINALLY SCHEDULED TO DISCUSS
THIS ITEM ON JUNE 21, 2011; THE APPLICANT REQUESTED TO TABLE
THE ITEM TO THE SEPTEMBER 8, 2011 PLANNING AND ZONING
COMMISSION MEETING; THE PLANNING AND ZONING COMMISSION AT
THEIR NOVEMBER 17, 2011 MEETING, TABLED THE ITEM TO THEIR
JANUARY 19, 2012 MEETING.THE PUBLIC HEARING FOR THIS ITEM
WAS SCHEDULED FOR DECEMBER 6, 2011. THE PUBLIC HEARING WILL
BE REPUBLISHED FOR A LATER DATE.)
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ST
4M. ORDINANCE NO. 1017 (CP11-001), 1 READING, LAND USE PLAN
AMENDMENT FROM LOW DENSITY RESIDENTIAL TO OFFICE
COMMERCIAL ON PROPERTY DESCRIBED AS TRACTS 2C26 AND 2C27,
J.G. ALLEN SURVEY, ABSTRACT NO. 18, SOUTHLAKE, TARRANT
COUNTY, TEXAS AND LOCATED AT 180 AND 190 JELLICO CIRCLE,
SOUTHLAKE, TEXAS. CURRENT ZONING: SF-1A – SINGLE FAMILY
RESIDENTIAL ZONING DISTRICT. PROPOSED ZONING: O1 – OFFICE
ZONING DISTRICT. SPIN NEIGHBORHOOD #11. THIS ITEM IS
ADMINISTRATIVELY TABLED TO THE JANUARY 3, 2012 CITY COUNCIL
MEETING.
THIS ITEM WAS TABLED BY THE PLANNING AND ZONING
COMMISSION AT THEIR NOVEMBER 17, 2011 MEETING. (IF A
RECOMMENDATION IS MADE BY THE PLANNING AND ZONING
COMMISSION ON DECEMBER 8, 2011; THE CITY COUNCIL WILL
CONSIDER THE FIRST READING OF THE ORDINANCE ON JANUARY 3,
2012. THE PUBLIC HEARING FOR THIS ITEM WAS ORIGINALLY
SCHEDULED FOR DECEMBER 6, 2011. THE PUBLIC HEARING WILL BE
REPUBLISHED FOR A LATER DATE.)
4N. ORDINANCE NO. 480-612 (ADVERTISED AS ORDINANCE NO. 612) (ZA11-
ST
037), 1 READING, ZONING CHANGE AND SITE PLAN FOR JELLICO
CHASE OFFICE PARK ON PROPERTY DESCRIBED AS TRACTS 2C26 AND
2C27, J.G. ALLEN SURVEY, ABSTRACT NO. 18, SOUTHLAKE, TARRANT
COUNTY, TEXAS AND LOCATED AT 180 AND 190 JELLICO CIRCLE,
SOUTHLAKE, TEXAS. CURRENT ZONING: SF-1A – SINGLE FAMILY
RESIDENTIAL ZONING DISTRICT. REQUESTED ZONING: O1 – OFFICE
ZONING DISTRICT. SPIN NEIGHBORHOOD #11. THIS ITEM IS
ADMINISTRATIVELY TABLED TO THE JANUARY 3, 2012 CITY COUNCIL
MEETING.
THIS ITEM WAS TABLED BY THE PLANNING AND ZONING
COMMISSION AT THEIR NOVEMBER 17, 2011 MEETING. (IF A
RECOMMENDATION IS MADE BY THE PLANNING AND ZONING
COMMISSION ON ITS DECEMBER 8, 2011 MEETING; THE CITY COUNCIL
WILL CONSIDER THE FIRST READING OF THE ORDINANCE ON JANUARY
3, 2012. THE PUBLIC HEARING FOR THIS ITEM WAS ORIGINALLY
SCHEDULED FOR DECEMBER 6, 2011. THE PUBLIC HEARING WILL BE
REPUBLISHED FOR A LATER DATE.)
ND
4O.
ORDINANCE NO. 480-610 (ZA11-057), 2 READING, ZONING CHANGE AND
SITE PLAN FOR GATEWAY CHURCH ADDITION ON PROPERTY DESCRIBED
AS LOT 1R, BLOCK 1, GATEWAY CHURCH ADDITION, AN ADDITION TO THE
CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS AND CURRENTLY
ADDRESSED AS 2121 EAST SOUTHLAKE BOULEVARD, SOUTHLAKE,
TEXAS. CURRENT ZONING: CS – COMMUNITY SERVICE DISTRICT.
REQUESTED ZONING: S-P-1 – DETAILED SITE PLAN DISTRICT. SPIN
NEIGHBORHOOD #8. THE APPLICANT HAS REQUESTED TO WITHDRAW
THIS ITEM.
REGULAR CITY COUNCIL MEETING MINUTES, December 6, 2011
Page 5 of 15
A motion was made to approve the consent agenda, noting that Resolution No. 11-052
will cast three votes for Lourdes Hassler and Resolution No. 11-053 will cast 47 votes
for David Averitt.
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 and asked for anyone wishing to speak to come
forward.
Mr. Aram Azadpour, P.O. Box 2644, Grapevine, Texas informed Council that he refused
delivery of correspondence from the City’s legal counsel related to his request under the
Public Information Act. He believes the law firm should notate who they represent when
sending documentation on behalf of the City.
There being no one else wishing to speak, Mayor Terrell closed the public forum.
6. ORDINANCES, SECOND READINGS, PUBLIC HEARINGS, AND RELATED
ITEMS:
ND
6A. ORDINANCE NO. 1019, 2 READING, AUTHORIZE THE SALE OF CITY
OWNED PROPERTY AT 4429 SODA RIDGE ROAD IN THE AMOUNT OF
$9,125.00. PUBLIC HEARING
APPROVED
City Council did not require a presentation.
Mayor Terrell opened the public hearing and asked for anyone wishing to speak, to
come forward. There being no one wishing to speak, Mayor Terrell closed the public
hearing.
nd
A motion was made to approve Ordinance No. 1019, 2 reading, authorize the sale of
city owned property at 4429 Soda Ridge Road in the amount of $9,125.00.
Motion: Bledsoe
Second: Zito
Ayes: Bledsoe, Morris, Muller, Schelling, Terrell, Zito, Wang
Nays: None
Approved: 7-0
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Page 6 of 15
In accordance with Section 4.21 of the City Charter, the caption for this item is listed as
follows:
AN ORDINANCE AUTHORIZING THE SALE OF PROPERTY AND ABANDONING AN
ACCESS EASEMENT AT 4429 SODA RIDGE ROAD CONVEYED TO THE CITY OF
SOUTHLAKE AND RECORDED IN VOLUME 14, PAGE 5, PLAT RECORDS, DENTON
COUNTY, TEXAS; DECLARING THAT A 0.172 ACRE PROPERTY AND ACCESS
EASEMENT ARE UNNECESSARY FOR USE BY THE PUBLIC; AUTHORIZING THE
MAYOR TO EXECUTE SPECIAL WARRANTY DEED RELEASING PUBLIC
INTEREST OF THE 0.172 ACRE PROPERTY AND ACCESS EASEMENT;
PROVIDING A SEVERABILTY CLAUSE; AND PROVIDING AN
EFFECTIVE DATE.
ND
6B. ORDINANCE NO. 544-B, 2 READING, AMENDING ORDINANCE NO. 544-A,
THE CITY OF SOUTHLAKE’S LANDSCAPE ORDINANCE. PUBLIC HEARING
(THIS ITEM WAS PREVIOUSLY TABLED BY CITY COUNCIL AT THEIR
SEPTEMBER 20 AND OCTOBER 4, 2011 MEETINGS.)
APPROVED
Director of Planning and Development Services Ken Baker presented item and was
available to answer questions from Council. Mr. Baker advised that the amendment to
the Landscape Ordinance was included with the approved City’s ordinance and project
priority schedule approved by Council on October 5, 2010. The proposed revisions
include: require bubbler or similar low-spray emission devices on separate zone for all
new trees, with few exceptions; compliance with the Texas Commission on
Environmental Quality (TCEQ); compliance with applicable City Plumbing Code related
to irrigation; clarification regarding parking lot landscape islands; and definitions related
to proposed revisions—bubbler, irrigation; smart controller and water conservation.
Mayor Terrell opened the public hearing and asked for anyone wishing to speak, to
come forward. There being no one wishing to speak, Mayor Terrell closed the public
hearing.
nd
A motion was made to approve Ordinance No. 544-B, 2 reading, amending Ordinance
No. 544-A, the City of Southlake’s Landscape Ordinance.
Motion: Bledsoe
Second: Morris
Ayes: Bledsoe, Morris, Muller, Schelling, Terrell, Zito, Wang
Nays: None
Approved: 7-0
In accordance with Section 4.21 of the City Charter, the caption for this item is listed as
follows:
REGULAR CITY COUNCIL MEETING MINUTES, December 6, 2011
Page 7 of 15
AN ORDINANCE OF THE CITY OF SOUTHLAKE AMENDING ORDINANCE 544;
REVISING AND AMENDING REGULATIONS FOR THE INSTALLATION OF
LANDSCAPING IMPROVEMENTS ON NON-RESIDENTIAL CONSTRUCTION AND
MULTI-FAMILY CONSTRUCTION, OTHER THAN DUPLEX USES; REVISING
CERTAIN DEFINITIONS; AMENDING REQUIREMENTS FOR THE SUBMISSION OF
LANDSCAPE AND IRRIGATION PLANS; REVISING REQUIREMENTS FOR
LANDSCAPING IMPROVEMENTS IN THE PUBLIC RIGHT-OF-WAY; PROVIDING
FOR MAINTENANCE OF LANDSCAPING IMPROVEMENTS; PROVIDING FOR
MODIFICATIONS, VARIANCES, AND APPEALS FROM THIS ORDINANCE;
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.
ND
6C. ORDINANCE NO. 1018, 2 READING, PROVIDING FOR THE TAXATION OF
GOODS-IN-TRANSIT EXEMPT UNDER SECTION 11.253 OF THE TEXAS TAX
CODE; PROVIDING A REPEALER CLAUSE; PROVIDING A SEVERABILITY
CLAUSE; AND PROVIDING AN EFFECTIVE DATE. PUBLIC HEARING
APPROVED
City Council did not require a presentation.
Mayor Terrell opened the public hearing and asked for anyone wishing to speak, to
come forward. There being no one wishing to speak, Mayor Terrell closed the public
hearing.
nd
A motion was made to approve Ordinance No. 1018, 2 reading, providing for the
taxation of goods-in-transit exempt under Section 11.253 of the Texas Tax Code;
providing a repealer clause; providing a severability clause; and providing an effective
date.
Motion: Bledsoe
Second: Muller
Ayes: Bledsoe, Morris, Muller, Schelling, Terrell, Zito, Wang
Nays: None
Approved: 7-0
In accordance with Section 4.21 of the City Charter, the caption for this item is listed as
follows:
AN ORDINANCE OF THE CITY OF SOUTHLAKE PROVIDING FOR THE TAXATION
OF GOODS-IN-TRANSIT EXEMPT UNDER SECTION 11.253 OF THE TEXAS TAX
CODE; AND PROVIDING A REPEALER CLAUSE; PROVIDING A SEVERABILITY
CLAUSE; FOR SAID ORDINANCE TO TAKE IMMEDIATE EFFECT.
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Page 8 of 15
6D. APPROVE A VARIANCE TO THE MASONRY ORDINANCE NO. 557-A, FOR
TWO PORTABLE BUILDINGS AT EUBANKS INTERMEDIATE SCHOOL,
BEING DESCRIBED AS LOT 1R, BLOCK 1, CARROLL ISD NO. 4 ADDITION
AND BEING LOCATED AT 500 SOUTH KIMBALL AVENUE. CURRENT
ZONING: CS COMMUNITY SERVICE DISTRICT. SPIN NEIGHBORHOOD #8.
PUBLIC HEARING
APPROVED
Planner II Richard Schell presented item and was available to answer questions from
Council.
Mayor Terrell opened the public hearing and asked for anyone wishing to speak, to
come forward. Mayor Terrell called on Jerry Orler, 2128 Kimball Hill Court and Craig
Uys, 2132 Kimball Hill Court to address the Council. Mr. Orler and Mr. Uys were not
present to address the Council. There being no one wishing to speak, Mayor Terrell
closed the public hearing.
A motion was made to approve a variance to the Masonry Ordinance No. 557-A, for two
portable buildings at Eubanks Intermediate School, being described as Lot 1R, Block 1,
Carroll ISD No. 4 Addition.
Motion: Bledsoe
Second: Morris
Ayes: Bledsoe, Morris, Muller, Schelling, Terrell, Zito, Wang
Nays: None
Approved: 7-0
Council member Wang left the meeting at 8:45 p.m. and returned at 8:46 p.m.
ND
6E.
ORDINANCE NO. 1016, 2 READING, SOUTHLAKE ARTS MASTER PLAN, A
COMPONENT OF THE SOUTHLAKE 2030 PLAN. PUBLIC HEARING
APPROVED
Assistant City Manager/Director of Public Safety Jim Blagg presented item and was
available to answer questions from Council.
Mayor Terrell opened the public hearing and asked for 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. 1016 with the following stipulations:
noting on page 30 [sic] 33, Artist-Created—requirement to have artist be amended to “it
is desirable to have an artist, and when appropriate an artisan would be acceptable.”,
and also noting on page 34, Siting and Visibility—artwork may or may not be at ground
level and could be also supported with a base structure.
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Page 9 of 15
Motion: Bledsoe
Second: Zito
Ayes: Bledsoe, Morris, Muller, Schelling, Terrell, Zito, Wang
Nays: None
Approved: 7-0
In accordance with Section 4.21 of the City Charter, the caption for this item is listed as
follows:
ORDINANCE NO. 1016, OF THE CITY COUNCIL OF THE CITY OF SOUTHLAKE,
TEXAS, ADOPTING THE SOUTHLAKE PUBLIC ART MASTER PLAN, A
COMPONENT OF THE 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.
ND
6F.
ORDINANCE NO. 480-556A (ADVERTISED AS ORDINANCE NO. 613), 2
READING, (ZA11-051), ZONING CHANGE AND SITE PLAN FOR BOSWORTH
OFFICES ON PROPERTY DESCRIBED AS LOTS 2R1, 2R2, 2R3 AND 2R4,
BREWER INDUSTRIAL ADDITION, SOUTHLAKE, TARRANT COUNTY, TEXAS
AND LOCATED AT 1900-1930 EAST STATE HIGHWAY 114, SOUTHLAKE,
TEXAS. CURRENT ZONING: S-P-1 – DETAILED SITE PLAN ZONING DISTRICT.
REQUESTED ZONING: S-P-1 – DETAILED SITE PLAN ZONING DISTRICT. SPIN
NEIGHBORHOOD #4. PUBLIC HEARING
APPROVED
Director of Planning and Development Services Ken Baker presented item and was
available to answer questions from Council. Mr. Baker’s review included the future land
use designation; current zoning; aerials of the site; site plan approved in 2008;
proposed site plan; elevations; artist rendering, landscape plan, and amended plat. On
November 3, 2011, the Planning and Zoning Commission approved the request by a
vote of 4-0, subject to site plan review summary No. 2, dated October 24, 2011. City
Council approved first read of Ordinance No. 480-556A at their November 15, 2011
meeting.
Mayor Terrell opened the public hearing and asked for 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. 480-556A, zoning change and site plan
for the Bosworth offices on Lots 2R1, 2R2, 2R3 and 2R4 in the Brewer Industrial
Addition; pursuant to site plan review summary No. 2, dated October 24, 2011.
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Motion: Bledsoe
Second: Zito
Ayes: Bledsoe, Morris, Muller, Schelling, Terrell, Zito, Wang
Nays: None
Approved: 7-0
In accordance with Section 4.21 of the City Charter, the caption for this item is listed as
follows:
AN ORDINANCE AMENDING ORDINANCE NO. 480, AS AMENDED, THE
COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF SOUTHLAKE, TEXAS;
GRANTING A ZONING CHANGE ON A CERTAIN TRACT OR TRACTS OF LAND
WITHIN THE CITY OF SOUTHLAKE, TEXAS BEING LEGALLY DESCRIBED AS LOTS
2R1, 2R2, 2R3 & 2R4, BREWER INDUSTRIAL ADDITION BEING APPROXIMATELY
1.55 ACRES AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT “A”
FROM“S-P-1” DETAILED SITE PLAN DISTRICT TO “S-P-1” DETAILED SITE PLAN
DISTRICT WITH “O-1” OFFICE DISTRICT USES, AS DEPICTED ON THE
APPROVED SITE 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.
6G.
ZA11-058, SITE PLAN FOR FOREST PARK MEDICAL CENTER SOUTHLAKE ON
PROPERTY DESCRIBED AS THE REMAINDER OF BLOCK 1, BRIGHTBILL
ADDITION, AN ADDITION TO THE CITY OF SOUTHLAKE, TARRANT COUNTY,
TEXAS AND TRACTS 3E1A, 3E1B AND 3E1C, LARKIN H. CHIVERS SURVEY,
ABSTRACT NO. 300, SOUTHLAKE, TARRANT COUNTY, TEXAS AND BEING
LOCATED AT 335 EAST STATE HIGHWAY 114 AND 440 EAST HIGHLAND
STREET, SOUTHLAKE, TEXAS. CURRENT ZONING: S-P-2 – GENERAL SITE
PLAN DISTRICT. SPIN NEIGHBORHOOD #7. PUBLIC HEARING
APPROVED
presented item 6H concurrently with 6G and was available to
Planner II Richard Schell
answer questions from Council. Mr. Schell’s review included future land use
designation; zoning; 2007 site plan; 2007 renderings approved with concept plan;
proposed site plan presented at the November 17, 2011 Planning and Zoning
Commission meeting; and recently revised site plan and elevations.
Applicants Mr. Reed Williams and Mr. Jim Williams were present to answer questions from
Council. Mr. Reed Williams provided a side-by-side comparison of the renderings and site
REGULAR CITY COUNCIL MEETING MINUTES, December 6, 2011
Page 11 of 15
plan that was taken to the Planning and Zoning Commission and the most recent changes
submitted on December 6, 2011.
Mr. Reed Williams responded to questions from Council regarding percentage of masonry;
water fountain; site elevations and concept plan.
In response to Mayor Terrell’s question, Mr. Baker informed Council they can provide a
conditional approval, which would allow the applicant additional time to submit detailed
elevations and approve the site plan this evening. Mr. Baker informed Council that the
applicant’s certificate of occupancy is contingent upon final approval.
The consensus of Council is to approve the site plan and to consider the elevations in
January. Council provided direction to the applicant with regards to the clock, fountain, and
architecture (traditional).
Mayor Terrell opened the public hearing and asked for anyone wishing to speak to come
forward.
Ms. Raji Kumar, CEO of Dallas Medical Center, spoke in opposition of the project.
There being no one else wishing to speak, Mayor Terrell closed the public hearing.
A motion was made to approve ZA11-058, site plan for Phase I of the Forest Park Medical
Center; pursuant to site plan review summary No. 3, dated November 29, 2011; the motion
does not include the vertical elevation plans; and subject to the applicant resubmitting
elevations for subsequent Council review and possible approval at a later date.
Motion: Bledsoe
Second: Morris
Ayes: Bledsoe, Morris, Muller, Schelling, Terrell, Zito, Wang
Nays: None
Approved: 7-0
APPROVE A VARIANCE TO THE MASONRY ORDINANCE NO. 557-A FOR
6H.
CONSTRUCTION OFFICE BUILDINGS AT FOREST PARK MEDICAL
CENTER SOUTHLAKE ON PROPERTY DESCRIBED AS THE REMAINDER
OF BLOCK 1, BRIGHTBILL ADDITION, AN ADDITION TO THE CITY OF
SOUTHLAKE, TARRANT COUNTY, TEXAS AND TRACTS 3E1A, 3E1B AND
3E1C, LARKIN H. CHIVERS SURVEY, ABSTRACT NO. 300, SOUTHLAKE,
TARRANT COUNTY, TEXAS AND LOCATED AT 335 EAST STATE HIGHWAY
114 AND 440 EAST HIGHLAND STREET, SOUTHLAKE, TEXAS. CURRENT
ZONING: S-P-2 – GENERAL SITE PLAN DISTRICT. SPIN NEIGHBORHOOD
#7. PUBLIC HEARING
APPROVED
This item was presented in conjunction with Item 6G.
Mayor Terrell asked Council if they had any questions for staff.
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Council, applicant, and staff discussed the location of the construction office buildings and
the length of time needed for the office buildings at the site.
The consensus of Council was to allow temporary use of construction office buildings for a
period not to exceed 24 months.
Mayor Terrell opened the public hearing and asked for 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 a variance to the Masonry Ordinance No. 557-A for
construction of the office buildings at Forest Park Medical Center Southlake to allow the
temporary use of construction office buildings with HardiePlank siding—approximately
6,000 square feet—for a period not to exceed 24 months.
Motion: Bledsoe
Second: Morris
Ayes: Bledsoe, Morris, Muller, Schelling, Terrell, Zito, Wang
Nays: None
Approved: 7-0
Mayor Terrell recessed the Council meeting at 10:57 p.m.
Mayor Terrell reconvened the Council meeting at 11:13 p.m.
ZA11-059, SITE PLAN FOR MELLOW MUSHROOM ON PROPERTY
6I.
DESCRIBED AS LOT 3, BLOCK 1, GATEWAY PLAZA ADDITION,
SOUTHLAKE, TARRANT COUNTY, TEXAS AND BEING LOCATED AT 2820
EAST SOUTHLAKE BOULEVARD, SOUTHLAKE, TEXAS. CURRENT
ZONING: S-P-2 – GENERAL SITE PLAN ZONING DISTRICT. SPIN
NEIGHBORHOOD #8. PUBLIC HEARING
APPROVED
Director of Planning and Development Services Ken Baker presented item and was
available to answer questions from Council.
Applicant James Auction was available to answer questions from Council.
Mayor Terrell opened the public hearing and asked for 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 ZA11-059, site plan for Mellow Mushroom property
described as Lot 3, Block 1, Gateway Plaza Addition, Southlake; subject to plan review
summary No. 2, dated November 9, 2011.
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Motion: Bledsoe
Second: Zito
Ayes: Bledsoe, Morris, Muller, Schelling, Terrell, Zito, Wang
Nays: None
Approved: 7-0
7. ORDINANCES, FIRST READINGS, AND RELATED ITEMS:
(THERE ARE NO
ITEMS ON THIS AGENDA.)
8. RESOLUTIONS:
(THERE ARE NO ITEMS ON THIS AGENDA.)
9. OTHER ITEMS FOR CONSIDERATION:
(THERE ARE NO ITEMS ON THIS
AGENDA.)
10. OTHER ITEMS FOR DISCUSSION:
10A.DISCUSS A MITIGATION/REPLACEMENT POLICY FOR COMMERCIAL AND
RESIDENTIAL PROPERTIES WITH LANDSCAPE REQUIREMENTS.
Director of Planning and Development Services Ken Baker presented item and was
available to answer questions from Council. Staff is seeking Council’s direction to
provide flexibility on the replacement of tree and landscaping material lost during the
summer. Staff is re questing that Council considers providing property owners the
following options regarding replacement of plant materials:
• Immediately, within 30 days of receipt of the notification letter from the City
(Current requirement in Landscape Ordinance 544-A).
• The replacement will occur 30 days after water restrictions are lifted and
notification of such is received by the City (not to exceed 180 days).
• The plant materialreplacement will be completed within 90 days of the receipt of
this letter (provide a schedule to the City).
Mr. Baker informed Council that staff would provide property owners with a letter
explaining the options and an accompanying site plan indicating the dead or missing
trees and/or plants.
Council provided the following comments to staff: indicate in correspondence to
property owners the best time to plant; the replacement of plant material will be
completed no later than 120 days after notice from the City; staff have authority to
address and make determination of plant material that can be substituted for material
that is not available by demand or economically.
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11. MEETING ADJOURNED.
Mayor Terrell adjourned the meeting at 11:40 p.m.
*An audio recording of this meeting will be permanently retained in the City Secretary’s
Office.
______________________________
John Terrell
Mayor
ATTEST:
______________________________
Alicia Richardson
City Secretary
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