2012-06-05 CITY OF
TEXAS SOU TH LAKE
REGULAR CITY COUNCIL MEETING MINUTES: June 5, 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, Jeff Wang,
Al Zito, and Martin Schelling.
CITY COUNCIL ABSENT: None.
STAFF PRESENT: City Manager Shana Yelverton, Assistant City Manager Ben
Thatcher, Assistant City Manager /Director of Public Safety Jim Blagg, Communication
and Website Manager Pilar Schank, Director of Community Services Chris Tribble,
Deputy Director of Community Services /City Librarian Kerry McGeath, Deputy Director
of Community Services Kari Happold, Director of Economic Development Greg Last,
Director of Finance Sharen Jackson, Purchasing Manager Tim Slifka, Fire Chief Mike
Starr, Director of Human Resources Stacey Black, Director of Planning and
Development Services Ken Baker, Police Chief Steve Mylett, 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 Attorney Tim Sralla
(present at 6:04 p.m.) and City Secretary Alicia Richardson.
WORK SESSION:
1. CALL TO ORDER
The Work Session was called to order by Mayor Terrell at 5:34 p.m.
2. INVOCATION
Mr. Clayton Reed with Southlake Baptist Church gave the invocation. Mayor Terrell led
the pledge of allegiance.
Mayor Terrell advised that Council would move to Item 4 —Local Business Report.
4. LOCAL BUSINESS REPORT
Director of Economic Development Greg Last introduced Michael and Carolyn Darretta
of Pure Health. They provided Council with the hours of operation, location and details
of Pure Health.
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3. PRESENT PROPOSED MEDIAN LANDSCAPE PLAN FOR KIRKWOOD
BOULEVARD TREE PLANTING PLAN FOR BRUMLOW AVENUE; PEARSON
WATER STORAGE /TANK BUFFERING AND SCREENING PLAN; AND
MEDIANS /LANDSCAPING PLANS FOR SOUTH KIMBALL AND EAST
CONTINENTAL BOULEVARD.
Director of Planning and Development Services Ken Baker provided Council with an
overview on the following concept landscape plans: Pearson water storage tanks;
Kirkwood Boulevard between TW King and Dove; South Kimball Avenue; and East
Continental Boulevards and Brumlow Avenue. Mr. Baker advised Council the concept
plans are the result of recommendations in the various Southlake 2030 sector plans.
He also commented that staff is seeking Council comments and that full plans would be
developed and included as a future consideration in the Capital Improvements Program
(CIP).
Council discussed and provided comments on the proposed concept landscape plans.
Council asked staff to research costs associated with the proposed plans.
4. LOCAL BUSINESS REPORT
Council discussed this item earlier in the meeting.
Mayor Terrell advised that Council would move to Item 9B —Bob Jones Nature Center
and Preserve Management Agreement.
9B. CONSIDER APPROVAL OF BOB JONES NATURE CENTER & PRESERVE
MANAGEMENT AGREEMENT WITH THE BOB JONES NATURE CENTER
ORGANIZATION.
Council member Al Zito recused himself from discussion and voting on the item.
Council member Zito left the meeting at 6 :10 p.m.
Director of Community Services Chris Tribble presented item and was available to
answer questions from Council. His presentation included an overview of the
management agreement and agreement provisions. Staff is recommending the
approval of a management agreement with the Bob Jones Nature Center Organization.
Council discussed the following: consistency in terms for contracts; bid process;
participation number and percentage of residents versus non - residents; annual status
report (programs /services, etc.) provided at a Council meeting; financial impact of
contract versus funding budgeted for the Bob Jones Nature Center; and review process
of contract. Council directed staff to incorporate language in the agreement to address
85% performance expectation.
Consensus of Council was to move Item 9B to the consent agenda.
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Council member Al Zito returned to the meeting at 6:39 p.m.
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 read the consent agenda items.
Council member Carolyn Morris advised that she had a question regarding Item 4C—
Board and Commission Manual.
Mayor Terrell advised Council that Item 4C could be removed from the consent agenda
and discussed after Executive Session.
REGULAR SESSION:
1. CALL TO ORDER
The Regular Session of the City Council was called to order by Mayor Terrell at 6:45
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; and Section 551.087, deliberation regarding economic
development negotiations. City Council adjourned for Executive Session at 6:45 p.m.
Executive Session began at 7:00 p.m. and concluded at 8:35 p.m.
2B. RECONVENE
Mayor Terrell reconvened the regular meeting at 8:37 p.m.
3. REPORTS
A. Mayor's Report —
Mayor Terrell announced the upcoming meetings and events.
1. Showcase in the Square (Crossmen)
Mr. John Schock presented item to Council. The event will take place on June 17, 2012
from 7:00 p.m. to 9:00 p.m.
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B. City Manager's Report —
1. Government Finance Officers Association (GFOA) Distinguished Budget
Presentation Award
Assistant to City Manager Alison Ortowski presented item and was available to answer
questions from Council.
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 THE MINUTES FROM THE MAY 15, 2012 CITY COUNCIL
MEETING.
Council member Zito recused himself from voting on this item.
4B. APPROVE RESIDENTIAL DEVELOPER AGREEMENT WITH HINES -GTIS
CARILLON, LLC, FOR CARILLON PHASES 2A -1, 2A -2, AND 3A -1.
4C. CONSIDER APPROVAL OF BOARD AND COMMISSION MANUAL.
4D. APPROVE AN INTERLOCAL PURCHASING AGREEMENT WITH THE CITY
OF LEWISVILLE.
4E. APPROVE AN INTERLOCAL PURCHASING AGREEMENT WITH THE CITIES
OF KELLER, COLLEYVILLE AND GRAPEVINE.
4F. RESOLUTION NO. 12 -030, ALLOW THE CITY OF SOUTHLAKE TO ADOPT
RULES TO ENSURE THE IDENTIFICATION, SECURITY AND
CONFIDENTIALITY OF ELECTRONIC BIDS OR PROPOSALS AND
PROVIDING AN EFFECTIVE DATE.
4G. APPROVE AN AGREEMENT WITH SECUREBID, LLC TO ALLOW
ACCEPTANCE OF ELECTRONIC BIDS AND PROPOSALS.
4H. RESOLUTION NO. 12 -031, DENYING ATMOS ENERGY CORP., MID -TEX
DIVISION'S ( "ATMOS MID- TEX ") REQUESTED RATE CHANGE.
41. RESOLUTION NO. 12 -032, APPOINTING A MAYOR PRO TEM AND DEPUTY
MAYOR PRO TEM.
This item was removed from the consent agenda and considered later in the meeting.
4J. ORDINANCE NO. 1036, 1ST READING, ABANDON AN UNUSED EASEMENT
LOCATED ON LOTS 57 AND 58 IN THE DOVE ESTATES SUBDIVISION,
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JOHN HEIRS CHILDRESS SURVEY. (IF APPROVED BY COUNCIL, THE
PUBLIC HEARING WILL BE HELD ON JUNE 19, 201Z)
4K. ORDINANCE NO. 1035, 1ST READING, ADOPT AN ORDINANCE TO
TRANSFER OWNERSHIP OF PROPERTY AND UTILITY EASEMENTS FOR
THE TRINITY RIVER AUTHORITY KIRKWOOD LIFT STATION AND FORCE
MAIN TO THE TRINITY RIVER AUTHORITY. (IF APPROVED AT FIRST
READING, THE PUBLIC HEARING WILL BE HELD JUNE 19, 2012.)
4L. ORDINANCE NO. 480 -619 (ZAl2 -007), 1ST READING, ZONING CHANGE
AND SITE PLAN FOR NOLEN OFFICE PARK ON PROPERTY DESCRIBED
AS TRACT 11A, THOMAS EASTER SURVEY, ABSTRACT NO. 474,
SOUTHLAKE, TARRANT COUNTY, TEXAS AND LOCATED AT 300 S.
NOLEN DR., SOUTHLAKE, TEXAS. CURRENT ZONING: AG
AGRICULTURAL DISTRICT. REQUESTED ZONING: S -P -1 DETAILED SITE
PLAN DISTRICT. SPIN NEIGHBORHOOD #8. AT THE REQUEST OF THE
APPLICANT, THE PLANNING AND ZONING COMMISSION TABLED THIS
ITEM AT THEIR MAY 3 AND MAY 17, 2012 MEETINGS. STAFF
RECOMMENDS TABLING THIS ITEM TO THE JUNE 19, 2012 CITY COUNCIL
MEETING. (THE PUBLIC HEARING WAS PUBLISHED FOR JUNE 5, 2012. IF
APPROVED AT THE FIRST READING ON JUNE 19, 2012, THE PUBLIC
HEARING WILL BE HELD ON AUGUST 7, 2012)
4M. RESOLUTION NO. 11 -031 (ZA11 -016), SPECIFIC USE PERMIT FOR A
TELECOMMUNICATIONS TOWER ON PROPERTY DESCRIBED AS TRACT
1G, H. GRANBERRY SURVEY, ABSTRACT 581, SOUTHLAKE, TARRANT
COUNTY, TEXAS AND BEING LOCATED AT 620 SOUTH WHITE CHAPEL
BOULEVARD, SOUTHLAKE, TEXAS. CURRENT ZONING: AG -
AGRICULTURAL DISTRICT. SPIN NEIGHBORHOOD #10. THE APPLICANT
PREVIOUSLY REQUESTED THAT THIS ITEM BE TABLED TO THE CITY
COUNCIL MEETING DATED JUNE 5, 2012. THE APPLICANT IS
REQUESTING TO TABLE THIS ITEM INDEFINITELY.
4N. ORDINANCE NO. 480 -532A (ZAl2 -038), 1ST READING, ZONING CHANGE
AND DEVELOPMENT PLAN FOR SOUTH VILLAGE AT WATERMERE ON
PROPERTY DESCRIBED AS TRACTS 4C AND 6A2, J.G. ALLEN SURVEY,
ABSTRACT NO. 18 AND LOT 4R3, BLOCK 1, WATERMERE AT
SOUTHLAKE, AN ADDITION TO THE CITY OF SOUTHLAKE, TARRANT
COUNTY, TEXAS AND A PORTION OF TRACT 4D, J.G. ALLEN SURVEY,
ABSTRACT NO. 18, AND LOCATED AT 2261, 2271 & 2451 UNION CHURCH
ROAD AND 451 WATERMERE DRIVE, SOUTHLAKE, TEXAS. CURRENT
ZONING: R -PUD RESIDENTIAL PLANNED UNIT DEVELOPMENT DISTRICT.
REQUESTED ZONING: R -PUD RESIDENTIAL PLANNED UNIT
DEVELOPMENT DISTRICT. SPIN NEIGHBORHOOD #11. THE PLANNING
AND ZONING COMMISSION TABLED THIS ITEM AT THEIR MAY 17, 2012
MEETING. STAFF RECOMMENDS TABLING THIS ITEM TO THE JUNE 19,
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2012 CITY COUNCIL MEETING. (THE PUBLIC HEARING WAS PUBLISHED
FOR JUNE 19, 2012. IF APPROVED AT THE FIRST READING ON JUNE 19,
2012, THE PUBLIC HEARING WILL BE HELD ON AUGUST 7, 2012.)
A motion was made to approve the consent agenda as presented, which included the
removal of Item 41 and moving Item 9B to the consent agenda.
Council member Zito recused himself from Items 4A and 98. Council member Wang
abstained from voting on Item 4A and voted against 98.
Motion: Bledsoe
Second: Zito
Approved: 7 -0, Items 4B, 4C, 4D, 4E, 4F, 4G, 4H and 4J, 4K, 4L, 4M and 4N.
5 -0 -2, Item 4A with Council members Wang and Zito abstaining /recusing.
6 -1 -1, Item 9B with Council member Wang voting against and Council
member Zito recusing.
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 else wishing to speak, Mayor Terrell closed the public forum.
6. ORDINANCES, SECOND READINGS, PUBLIC HEARINGS, AND RELATED
ITEMS:
6A. ORDINANCE NO. 1032, 2ND READING, MASTER WATER PLAN, A
COMPONENT OF THE SOUTHLAKE 2030 COMPREHENSIVE PLAN.
PUBLIC HEARING
APPROVED
Director of Public Works Bob Price summarized item and was available to answer
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 1032, Master Water Plan, a component of
the Southlake 2030 Comprehensive Plan.
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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:
AN ORDINANCE ADOPTING THE WATER SYSTEM MASTER PLAN AS AN
ELEMENT OF THE SOUTHLAKE 2030 PLAN, THE CITY'S COMPREHENSIVE PLAN
UPDATE.
6B. ORDINANCE NO. 1033, 2ND READING, ADOPT AN ORDINANCE TO
ESTABLISH PARKING RESTRICTIONS ON THE EAST SIDE OF
BREEZEWAY AND UNION CHURCH BETWEEN THE 2200 AND 3100
BLOCKS OF UNION CHURCH. PUBLIC HEARING
APPROVED
Director of Public Works Bob Price summarized item and was available to answer
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 else wishing to speak, Mayor Terrell closed the public hearing.
A motion was made to approve Ordinance No. 1033, adopting an ordinance to establish
parking restrictions on the east side of Breezeway and Union Church between the 2200
and 3100 blocks of Union Church.
Motion: Bledsoe
Second: Morris
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
fol lows:
AN ORDINANCE AMENDING SECTION 18 -184 "PARKING RESTRICTIONS ON
CERTAIN STREETS" OF THE SOUTHLAKE CODE OF ORDINANCES; 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
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PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE
DATE.
7. ORDINANCES, FIRST READINGS, AND RELATED ITEMS: (THERE ARE NO
ITEMS ON THIS AGENDA.)
8. RESOLUTIONS:
8A. RESOLUTION NO. 12 -033, APPOINTING MEMBERS TO SERVE ON THE
BOARD OF DIRECTORS OF THE TAX INCREMENT REINVESTMENT ZONE
NUMBER ONE, CITY OF SOUTHLAKE.
APPROVED
A motion was made to appoint Council members Martin Schelling, Carolyn Morris,
Brandon Bledsoe and Pamela A. Muller to the Tax Increment Reinvestment Zone
Number One, terms expiring May 2014.
Motion: Bledsoe
Second: Muller
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 OF SOUTHLAKE, TEXAS, APPOINTING MEMBERS
TO THE BOARD OF DIRECTORS FOR THE TAX INCREMENT REINVESTMENT
ZONE NUMBER ONE OF THE CITY OF SOUTHLAKE; PROVIDING AN EFFECTIVE
DATE.
Mayor Terrell advised that Council would move to Item 9A —SV12 -006.
9A. CONSIDER SV12 -006, VARIANCE TO THE MASTER SIGN PLAN FOR
SOUTHLAKE TOWN SQUARE PHASE I AND SIGN ORDINANCE 704, AS
AMENDED, FOR ALL AMERICAN FAMILY FITNESS LOCATED AT 1430
EAST SOUTHLAKE BLVD.
APPROVED
Director of Planning and Development Services Ken Baker summarized item and was
available to answer questions from Council.
Applicant representatives Kyle Heddinger and Ed Rogers were available to answer
questions from Council.
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Page 8 of 12
A, motion was made to approve SV12 -006, variance to the master sign plan for
Southlake Town Square Phase I and Sign Ordinance No. 704, as amended, for All
American Family Fitness located at 1430 East Southlake Boulevard; noting the following
variances: sign attached to awning cover at north elevation entrance, as noted in the
staff report will have a white color font; south elevation will have 23 1 /2 inch letter height
for "F ", 14 % inch letter height for "A ", and 5 inch letter for "All American "; north elevation
will have 23 1 /2 inch letter height for "F ", 14 3 /4 inch letter height for "A ", and 5 inch letter
height for "All American "; and that the maximum number of signs be limited to what is
approved by this variance and staff report.
Motion: Bledsoe
Second: Morris
Ayes: Bledsoe, Morris, Muller, Schelling, Terrell, Wang, Zito
Nays: None
Approved: 7 -0
EXECUTIVE SESSION
Mayor Terrell announced that City Council would be going into Executive Session
pursuant to the Texas Government Code, Section 551.074, deliberation regarding
personnel. City Council adjourned for Executive Session at 9:44 p.m. Executive
Session began at 9:46 p.m. and concluded at 10:18 p.m.
Mayor Terrell reconvened the regular meeting at 10:25 p.m.
8B. RESOLUTION NO. 12 -034, APPOINTING MEMBERS TO VARIOUS
POSITIONS ON THE BUILDING BOARD OF APPEALS, PARKS AND
RECREATION BOARD, PLANNING AND ZONING COMMISSION,
SOUTHLAKE PARKS DEVELOPMENT CORPORATION, AND ZONING
BOARD OF ADJUSTMENT.
APPROVED
A motion was made to appoint the following citizens:
Building Board of Appeals
Name Place Term Expiring
David Carpenter Place 2 May 2014
Wayne Luzius Place 4 May 2014
Kenneth Horne Place 6, Alternate 1 May 2014
Planning and Zoning Commission
Name Place Term Expiring
Michael Forman n/a May 2014
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Page 9 of 12
Kate Smith n/a May 2014
D. Todd Parrish n/a May 2014
Randy Williamson n/a May 2014
Southlake Parks Development Corporation
Name Place Term Expiring
Pamela Muller City Council Representative May 2014
John Slocum Parks and Recreation May 2014
Board Representative
Al Zito City Council Representative May 2014
Zoning Board of Adjustment
Name Place Term Expiring
Paul Venesky Place 1 May 2014
Daniel Kubiak Place 4 May 2014
Nicole Smith Alternate No. 2 May 2014
Dennis Simoson Alternate No. 3 May 2013 (motion indicated
expiring May 2014, but this
unexpired term expires in 2013.)
Left vacant Alternate No. 4 May 2014
Parks and Recreation Board
Name Place Term Expiring
Lori Palmer Place 4 May 2014
Sherry Berman Place 5 May 2014
Chad Patton Place 6 May 2014
Gregg Formella Place 7 May 2014
Motion: Bledsoe
Second: Morris
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,
APPOINTING MEMBERS TO VARIOUS POSITIONS ON THE BUILDING BOARD OF
APPEALS, PARKS AND RECREATION ADVISORY BOARD, PLANNING AND
ZONING COMMISSION, SOUTHLAKE PARKS DEVELOPMENT CORPORATION,
ZONING BOARD OF ADJUSTMENT, AND PROVIDING AN EFFECTIVE DATE.
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8C. RESOLUTION NO. 12 -037, APPOINTING A CHAIRMAN AND VICE -
CHAIRMAN TO THE ZONING BOARD OF ADJUSTMENT.
APPROVED
A motion was made to appoint Shawn McCaskill to Chairman and Phyllis Lambert to
Vice - Chairman.
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,
APPOINTING A CHAIRMAN AND A VICE - CHAIRMAN TO THE ZONING BOARD OF
ADJUSTMENT; AND PROVIDING AN EFFECTIVE DATE.
9. OTHER ITEMS FOR CONSIDERATION:
9A. CONSIDER SV12 -006, VARIANCE TO THE MASTER SIGN PLAN FOR
SOUTHLAKE TOWN SQUARE PHASE I AND SIGN ORDINANCE 704, AS
AMENDED, FOR ALL AMERICAN FAMILY FITNESS LOCATED AT 1430
EAST SOUTHLAKE BLVD.
APPROVED
Council considered this item earlier in the meeting.
9B. CONSIDER APPROVAL OF BOB JONES NATURE CENTER & PRESERVE
MANAGEMENT AGREEMENT WITH THE BOB JONES NATURE CENTER
ORGANIZATION.
APPROVED
This item was approved with the consent agenda.
10. OTHER ITEMS FOR DISCUSSION: (THERE ARE NO ITEMS ON THIS
AGENDA.)
11. MEETING ADJOURNED.
Mayor Terrell adjourned the meeting at 10:33 p.m.
*An audio recording of this meeting will be permanently retained in the City Secretary's
Office.
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Brandon Bledsoe
Mayor Pro Tern
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