2012-02-21 CITY OF
SOUTH LAKE
TEXAS
REGULAR CITY COUNCIL MEETING MINUTES: February 21, 2012
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, Communication and
Websites Manager Pilar Schank, Director of Community Services Chris Tribble, Deputy
Director of Community Services Kari Happold, Director of Economic Development Greg
Last, Director of Finance Sharen Jackson, Purchasing Manager Tim Slifka, Chief of Fire
Services Mike Starr, Director of Human Resources Stacey Black, Director of Planning
and Development Services Ken Baker, Planner I Lorrie Fletcher, Planner I Matt Jones,
Deputy Chief of Police Rusty Daniels, Director of Public Works Bob Price, Deputy
Director of Public Works Gordon Mayer, Public Works Operations Manager Chuck
Kendrick, Deputy City Engineer Cheryl Taylor, City Engineer Alex Ayala, City Attorney
E. Allen Taylor, and Deputy City Secretary Tara Brooks.
WORK SESSION:
1. CALL TO ORDER
The Work Session was called to order by Mayor Terrell at 5:35 p.m.
2. INVOCATION
Mr. Clayton Reed with Southlake Baptist Church gave the invocation. Mayor Terrell led
the pledge of allegiance.
3. SOUTHLAKE CARROLL DRAGON FOOTBALL TEAM PROCLAMATION AND
COACH HAL WASSON PROCLAMATION
Mayor Terrell read the proclamations and presented them to Coach Wasson and the
football team.
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4. PROPOSED SIDEWALK PLAN PRIORITY LIST FOR FY 2012
Planner Lorrie Fletcher presented this item to Council. Council discussed this item and
directed staff to look at options 1, 3, 4 and 6.
5. 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 and City Council went through the Consent Agenda items and moved
items 7A and 7B to the consent agenda.
REGULAR SESSION:
1. CALL TO ORDER
The Regular Session of the City Council was called to order by Mayor Terrell at 6:22
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; and Section 551.087,
deliberation regarding economic development negotiations. City Council adjourned for
Executive Session at 6:22 p.m. Executive Session began at 6:34 p.m. and concluded at
7:40 p.m.
2B. RECONVENE
Mayor Terrell reconvened the regular meeting at 7:47 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 the upcoming meetings and events.
B. City Manager's Report —
Financial Report
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City Manager Yelverton provided Council a written quarterly financial report.
4. CONSENT AGENDA (Items 4A -N) 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 FEBRUARY 7, 2012 CITY COUNCIL
MEETING.
4B. APPROVE A SERVICE CONTRACT FOR FLEET PREVENTATIVE
MAINTENANCE AND REPAIR SERVICES TO MULTIPLE VENDORS: ON-
SITE FLEET SERVICES, BLAGG TIRE AND SERVICE AND GRAPEVINE
FORD.
4C. APPROVE A PROFESSIONAL SERVICES AGREEMENT WITH KIMLEY-
HORN AND ASSOCIATES, INC. FOR DESIGN SERVICES FOR THE FM 1709
TRAFFIC SIGNAL TIMING STUDY PROJECT IN THE AMOUNT OF $71,200.
Director Price answered Council's questions about this item during the work session.
4D. APPROVE RATIFICATION OF EMERGENCY EXPENDITURES RELATED TO
THE SOUTHLAKE TOWN HALL WATER LEAK IN THE AMOUNT OF
$521,483.92.
Director Jackson answered Council's questions about this item during the work session.
4E. APPROVE A CONTRACT FOR MANHOLE REHABILITATION WITH LEWIS
CONCRETE RESTORATION IN THE AMOUNT OF $70,000.
4F. THIS ITEM WAS INTENTIONALLY LEFT BLANK.
4G. ORDINANCE NO. 1024, 1 ST READING, APPROVE AN ORDINANCE TO
ABANDON AN UNUSED WATER LINE EASEMENT IN THE T.M. HOOD
SURVEY, ABSTRACT NO. 706. (IF APPROVED ON FIRST READING, A
PUBLIC HEARING WILL BE HELD ON MARCH 6, 2012.)
4H. ORDINANCE NO. 1025, 1 ST READING, APPROVE AN ORDINANCE
ESTABLISHING THE SPEED LIMIT ON SOUTHLAKE BOULEVARD (FM
1709). (IF APPROVED ON FIRST READING, A PUBLIC HEARING WILL BE
HELD ON MARCH 6, 2012.)
Council discussed this item during the work session and chose to leave the speed limit
at 45 miles per hour for the entire length of Southlake Boulevard.
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41. ZA11 -069, PLAT REVISION FOR LOT 3R12, GREEN MEADOWS
SUBDIVISION, ON PROPERTY DESCRIBED AS LOTS 3R6R1, 3R7R, 3R8R,
3R9R, AND 3R1OR GREEN MEADOWS SUBDIVISION BEING AN ADDITION
TO THE CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS AND BEING
LOCATED AT 2261 EAST CONTINENTAL BOULEVARD AND 960 -990
SOUTH KIMBALL AVENUE. CURRENT ZONING: 1 -1- LIGHT INDUSTRIAL
DISTRICT. SPIN NEIGHBORHOOD #8.
4J. ZAl2 -001, PLAT SHOWING FOR LOTS 10 AND 11, S. FREEMAN NO. 525
ADDITION, SOUTHLAKE, TARRANT COUNTY, TEXAS ON PROPERTY
DESCRIBED AS TRACT 2B04 SAMUEL FREEMAN SURVEY, ABSTRACT
NO. 525 AND TRACT 8C01, JOHN L. WHITMAN SURVEY, ABSTRACT NO.
1523, SOUTHLAKE, TEXAS AND LOCATED AT 2580 GREENBOUGH LANE,
SOUTHLAKE, TEXAS. CURRENT ZONING: SF -1A - SINGLE FAMILY
RESIDENTIAL ZONING DISTRICT. SPIN NEIGHBORHOOD #4.
Director Baker answered Council's questions about this item during the work session.
During the regular session, Council discussed this item with the applicant, Jewel Chadd,
JPH Land Surveying, 1029 Burney Lane, Southlake, Texas.
4K. RESOLUTION NO. 12 -007, AUTHORIZE THE CITY ATTORNEY TO BRING
CONDEMNATION ACTION FOR THE PURPOSE OF WATER LINE
EASEMENT FOR CONSTRUCTION AND MAINTENANCE OF THE TW KING
WATER SUPPLY LINE IN THE SOUTHLAKE PARK ADDITION AT 5
KIRKWOOD BOULEVARD, WESTLAKE, TEXAS.
4L. RESOLUTION NO. 12 -015, SUSPENDING THE MARCH 6, 2012 EFFECTIVE
DATE OF ATMOS ENERGY CORP., MID -TEX DIVISION REQUESTED RATE
CHANGE.
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: 01 - OFFICE ZONING DISTRICT.
SPIN -- NEIGHBORHOOD #11. THIS ITEM WAS TABLED BY THE CITY
COUNCIL AT THEIR, DECEMBER 6, 2011, JANUARY 3, 2012, JANUARY 17,
2012 AND FEBRUARY 7, 2012 MEETINGS. THE APPLICANT REQUESTED
TO TABLE THIS ITEM INDEFINITELY. IF THIS ITEM DOES COME
FORWARD, STAFF WILL RENOTIFY AND REPUBLISH THE PUBLIC
HEARING NOTIFICATION.
4N. ORDINANCE NO. 480 -612 (ZA11 -037), 1 READING, ZONING CHANGE AND
SITE PLAN FOR JELLICO CHASE PARK ON PROPERTY DESCRIBED AS
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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:
01 - OFFICE ZONING DISTRICT. SPIN NEIGHBORHOOD #11. THIS ITEM
WAS TABLED BY THE CITY COUNCIL AT THEIR, DECEMBER 6, 2011,
JANUARY 3, 2012, JANUARY 17, 2012 AND FEBRUARY 7, 2012 MEETINGS.
THE APPLICANT REQUESTED TO TABLE THIS ITEM INDEFINITELY. IF
THIS ITEM DOES COME FORWARD, STAFF WILL RENOTIFY AND
REPUBLISH THE PUBLIC HEARING NOTIFICATION.
7A. ORDINANCE NO. 1021, 1 READING, ADOPTION OF THE 2030 PLAN S.H.
114 CORRIDOR PLAN. (IF APPROVED ON FIRST READING, A PUBLIC
HEARING WILL BE HELD ON MARCH 6, 2012.)
7B. ORDINANCE NO. 704 -F, 1 READING, AMENDING ORDINANCE NO. 704 -E,
THE CITY OF SOUTHLAKE COMPREHENSIVE SIGN ORDINANCE (IF
APPROVED ON FIRST READING, A PUBLIC HEARING WILL BE HELD ON
MARCH 6, 2012.)
Motion was made to approve the Consent Agenda items including approving the
sidewalk variance to item 4J.
Motion: Bledsoe
Second: Zito
Ayes: Bledsoe, Morris, Muller, Schelling, Terrell, Wang, Zito
Nays: None
REGULAR AGENDA:
5. PUBLIC FORUM
Mayor Terrell opened the public forum and asked for anyone wishing to speak to come
forward. There being no one wishing to speak, Mayor Terrell closed the public forum.
6. ORDINANCES, SECOND READINGS, PUBLIC HEARINGS, AND RELATED
ITEMS:
6A. ORDINANCE NO. 480 -534B, 2 READING, (ZA11 -070), ZONING CHANGE
AND DEVELOPMENT PLAN ON PROPERTY DESCRIBED AS WINFIELD
ESTATES, AN ADDITION TO THE CITY OF SOUTHLAKE, TARRANT
COUNTY, TEXAS; AND LOCATED AT 1000 -1033 WINFIELD COURT,
SOUTHLAKE, TEXAS. CURRENT ZONING: R -PUD RESIDENTIAL PLANNED
UNIT DEVELOPMENT DISTRICT. SPIN NEIGHBORHOOD #3. PUBLIC
HEARING
APPROVED
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Director Baker presented this item and answered Council's questions.
Mayor Terrell opened the public forum and asked for anyone wishing to speak to come
forward. There being no one wishing to speak, Mayor Terrell closed the public forum.
A motion was made to approve Ordinance No. 480 -534B, (ZA11 -070) Zoning Change
and Development Plan on property described as Winfield Estates according to
development plan review summary no. 1 dated January 13, 2012. (Actual review
should be development plan review summary no. 2 dated January 31, 2012.)
Motion: Bledsoe
Second: Morris
Ayes: Bledsoe, Morris, Muller, Schelling, Terrell, Wang, Zito
Nays: None
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
WINFIELD ESTATES, AND ADDITION TO THE CITY OF SOUTHLAKE, TARRANT
COUNTY, TEXAS, BEING APPROXIMATELY 9.14 ACRES, AND MORE FULLY AND
COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "R -PUD" RESIDENTIAL
PLANNED UNIT DEVELOPMENT TO "R -PUD" RESIDENTIAL PLANNED UNIT
DEVELOPMENT DISTRICT WITH "SF -20A" SINGLE FAMILY RESIDENTIAL
DISTRICT USES, AS DEPICTED ON THE APPROVED DEVELOPMENT PLAN,
INCLUDING "PUD" DEVELOPMENT STANDARDS, 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.
6B. ZA11 -075, SITE PLAN FOR BLUE MESA ON PROPERTY DESCRIBED AS
LOT 2, BLOCK 23, SOUTHLAKE TOWN SQUARE, AN ADDITION TO THE
CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS; AND LOCATED AT
1586 EAST SOUTHLAKE BOULEVARD, SOUTHLAKE, TEXAS. CURRENT
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ZONING: DT- DOWN TOWN DISTRICT. SPIN NEIGHBORHOOD #8. PUBLIC
HEARING
APPROVED
Planner Jones presented this item and answered Council's questions. The applicant,
Bill Peck, 105 W. Main, Lewisville, Texas answered Council's questions.
Mayor Terrell opened the public forum and asked for anyone wishing to speak to come
forward. There being no one wishing to speak, Mayor Terrell closed the public forum.
A motion was made to approve ZA11 -075, Site Plan for Blue Mesa requiring the
installation of three additional evergreen shrubs along the eastern side of the property,
installing a holly bush at the southeast corner, and subject to staff report dated February
3, 2012.
Motion: Bledsoe
Second: Zito
Ayes: Bledsoe, Morris, Muller, Schelling, Terrell, Wang, Zito
Nays: None
Approved: 7 -0
6C. RESOLUTION NO. 12 -013, (ZA11 -073) SPECIFIC USE PERMIT FOR
ABUNDANT GRACE CHRISTIAN MONTESSORI ACADEMY, BEING A
REQUEST TO ALLOW A CHILDREN'S NURSERY, CHILD DAY CARE
CENTER AND KINDERGARTEN AT GRACE COMMUNITY CHURCH ON
PROPERTY DESCRIBED AS LOT 2R1, BLOCK B, RAVENAUX VILLAGE
ADDITION, SOUTHLAKE, TARRANT COUNTY, TEXAS AND LOCATED AT
251 COUNTRYSIDE COURT, SOUTHLAKE, TEXAS. CURRENT ZONING: S-
P-1 DETAILED SITE PLAN DISTRICT WITH CS COMMUNITY SERVICE
USES. SPIN NEIGHBORHOOD #5. PUBLIC HEARING
APPROVED
Planner Jones presented this item and answered Council's questions. The applicants,
Kathy and George Craft, 14 Alamosa, Trophy Club introduced this item to Council.
Mayor Terrell opened the public forum and asked for anyone wishing to speak to come
forward.
Eric D. Hulet, 251 Countryside Court, Southlake, Texas submitted a card registering his
support for this item.
There being no one else wishing to speak, Mayor Terrell closed the public hearing.
A motion was made to approve Resolution No. 12 -013, (ZA11 -073) Specific Use Permit
for Abundant Grace Christian Montessori Academy subject to the Planning and Zoning
Commission recommendations and Staff Report dated February 15, 2012.
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Motion: Bledsoe
Second: Zito
Ayes: Bledsoe, Morris, Muller, Schelling, Terrell, Wang, Zito
Nays: None
Approved: 7 -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 TO ALLOW A CHILDREN'S NURSERY, CHILD DAY
CARE CENTER AND KINDERGARTEN ON PROPERTY LOCATED AT 251 COUNTRYSIDE
COURT, SOUTHLAKE, TEXAS, BEING DESCRIBED AS LOT 2R1, BLOCK B, RAVENAUX
VILLAGE ADDITION, SOUTHLAKE, TARRANT COUNTY, TEXAS, MORE FULLY AND
COMPLETELY DESCRIBED IN EXHIBIT "A ", AND AS DEPICTED ON THE APPROVED SITE
EXHIBIT ATTACHED HERETO AND INCORPORATED HEREIN AS EXHIBIT "B" AND
PROVIDING AN EFFECTIVE DATE.
7A. ORDINANCE NO. 1021, 1 ST READING, ADOPTION OF THE 2030 PLAN S.H.
114 CORRIDOR PLAN.
APPROVED
This item was approved with the consent agenda.
7B. ORDINANCE NO. 704 -F, 1 ST READING, AMENDING ORDINANCE NO. 704 -E,
THE CITY OF SOUTHLAKE COMPREHENSIVE SIGN ORDINANCE.
APPROVED
This item was approved with the consent agenda.
Mayor Terrell called for a break at 8:19 p.m. Mayor Terrell reconvened the meeting at
8:27 p.m. with all Council present with the exception of Council Member Morris.
9A. AUTHORIZE THE CITY MANAGER TO NEGOTIATE A MANAGEMENT
AGREEMENT FOR THE SOUTHLAKE TENNIS CENTER.
APPROVED
Director Tribble presented this item to Council. Mr. Tribble's presentation included a
history of the facility, a description of the RFQ process, staff's review of the finalists and
staff's recommendation.
Council discussed this item. Director Tribble, Assistant to the City Manager Ortowski,
Finance Director Jackson and City Manager Yelverton answered Council's questions.
Mayor Terrell did not open a public hearing, but he did state that Council had received
several comment cards in support of this item. He did not read them at the meeting but
stated they would be recorded into the minutes. Cards were received from:
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Tracey Chamberlain, 712 Sussex Court, Southlake, Texas;
Sharon Clark, 205 Donley Court, Southlake, Texas;
Dana Kalal, 1213 Cross Timber, Southlake, Texas;
Chris Zapatka, 850 Silverwood Drive, Southlake, Texas;
Frances Scharli, 302 Timber Lake Drive, Southlake, Texas;
Lou Ann Kleiman, 1600 Tuscan Ridge Circle, Southlake, Texas;
Karen Bumgardner, 803 Hillcrest Trail, Southlake, Texas; and,
Valerie McGregor, 4900 Melrose Park Drive, Colleyville, Texas.
Motion was made to approve authorization for the City Manager to negotiate a
management agreement for the Southlake Tennis Center with Roxy Tennis.
Motion: Bledsoe
Second: Schelling
Ayes: Bledsoe, Muller, Schelling, Terrell, Wang
Nays: Zito
Approved: 5 -1
9B. CONSIDER SV12 -002, VARIANCE TO THE SIGN ORDINANCE NO. 704, AS
AMENDED AND THE GATEWAY PLAZA PHASE I, CONDITIONAL SIGN
PERMIT FOR MELLOW MUSHROOM LOCATED AT 2820 EAST
SOUTHLAKE BOULEVARD.
APPROVED
Director Baker presented this item and answered Council's questions. Council Member
Morris returned to the meeting during Mr. Baker's presentation. Council discussed this
item.
Applicant Jim AuBuchon, Frisco, Texas discussed the branding character with Council.
Motion was made to approve SV12 -002, variance to the Sign Ordinance No. 704, as
amended and the Gateway Plaza Phase I Conditional Sign Permit for Mellow
Mushroom located at 2820 East Southlake Boulevard with Option 1 but not approving
the 8 foot branding character.
Motion: Bledsoe
Second: Zito
Ayes: Bledsoe, Morris, Muller, Schelling, Terrell, Wang, Zito
Nays: None
Approved: 7 -0
9C. CONSIDER SV12 -003, VARIANCE TO SIGN ORDINANCE NO. 704, AS
AMENDED, FOR TEXAS DIGESTIVE DISEASE CONSULTANTS LOCATED
AT 505 SOUTH NOLEN DRIVE.
APPROVED
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Director Baker presented this item and answered Council's questions.
Applicant Kyle Libby, 9232 Chiswell, Dallas, Texas answered Council's questions.
Council discussed this item.
Motion was made to approve SV12 -003, variance to the Sign Ordinance No. 704, as
amended for Texas Digestive Disease Consultants allowing a maximum letter height of
30 inches, limited to one sign on this building and no monument signs.
Motion: Bledsoe
Second: Zito
Ayes: Bledsoe, Morris, Muller, Terrell, Wang, Zito
Nays: Schelling
Approved: 6 -1
11. MEETING ADJOURNED.
Mayor Terrell adjourned the meeting at 9:32 p.m.
*An audio recording of this meeting will be permanently retained in the City Secretary's
Office.
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John Terre
Mayor
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