2013-03-05 CI O
S OU F TH LAKE
TEXAS
REGULAR CITY COUNCIL MEETING MINUTES: March 5, 2013
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 Ben
Thatcher, Assistant City Manager Alison Ortowski, Communication and Website
Manager Pilar Schank, Director of Economic Development and Tourism Greg Last,
Chief Financial Officer Sharen Jackson, Fire Chief Mike Starr, Director of Human
Resources Stacey Black, Director of Community Services Chris Tribble, Deputy Director
of Community Services Candice Edmondson, City Librarian Kerry McGeath, Senior
Director of Planning and Development Services Ken Baker, Planner I Daniel Cortez,
Director of Public Works Bob Price, Deputy Director of Public Works Gordon Mayer,
City Attorney E. Allen Taylor and Deputy City Secretary Traci Riggs.
WORK SESSION:
1. CALL TO ORDER
The Work Session was called to order by Mayor Terrell at 5:36 p.m.
2. INVOCATION
Mr. Clayton Reed gave the invocation. Mayor Terrell led the pledge of allegiance to the
United States and Texas Flags.
3. LOCAL BUSINESS REPORT
Director of Economic Development and Tourism Greg Last introduced Mr. Lee Marshall
with Bottlecap Alley. Mr. Marshall provided a description of the services provided, hours
of operation, and location of business.
4. UPDATE FROM DARCY DENO, SOUTHLAKE WOMEN'S CLUB
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Ms. Deno provided Council with an update on the Annual Art in the Square event taking
place April 26 — 28, 2013.
Mayor Terrell moved to item 3A2 — City Manager's Report.
City Manager Shana Yelverton recognized the efforts of Police Chief Mylett and the
police department during the recent fugitive hunt for Alberto Morales.
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. Mayor Terrell recommended moving item
7A — Ordinance No. JJJJ to the consent agenda. He asked staff to provide a
presentation on item 7A.
Council member Wang pulled item 4F — Ordinance No. 1060 from the consent agenda.
Senior Planning Director Ken Baker presented item 7A and was available to answer
questions from Council. The consensus of Council was to move item 7A 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 6:25
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 attorney,
Section 551.087, deliberation regarding economic development negotiations. City
Council adjourned for Executive Session at 6:26 p.m. Executive Session began at 6:39
p.m. and concluded at 7:14 p.m.
2B. RECONVENE
Mayor Terrell reconvened the meeting at 7:24 p.m. Mayor Terrell asked if any action
was necessary from Executive Session.
3. REPORTS
3A. MAYOR'S REPORT
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None.
3B. CITY MANAGER'S REPORT
RECOGNITION OF THE SOUTHLAKE POLICE DEPARTMENT
This item was discussed earlier in the meeting.
4. CONSENT AGENDA 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 6, 2013 CITY COUNCIL
WORKSHOP AND FEBRUARY 19, 2013 CITY COUNCIL MEETING.
4B. APPROVE CONTRACT RENEWAL WITH REGENT SERVICES (SOUTHLAKE
LEASING) FOR JANITORIAL SERVICES IN THE AMOUNT OF $148,652.
4C. APPROVE PERMIT FOR CARROLL INDEPENDENT SCHOOL DISTRICT
(CISD) ART EXHIBIT IN TOWN HALL DURING APRIL 26 -28, 2013.
4D. APPROVE METROPORT TEEN COURT INTERLOCAL AGREEMENT FOR
FISCAL YEAR 2012 -2013.
4E. APPROVE SCHOOL RESOURCE OFFICERS AGREEMENT WITH CARROLL
INDEPENDENT SCHOOL DISTRICT.
4F. REMOVED FROM CONSENT AGENDA.
4G. CONSIDER RESOLUTION NO. 13 -013, OPPOSING HOUSE BILL 1496,
WHICH SEVERELY LIMITS THE CITY'S AUTHORITY TO REGULATE
MINERAL EXPLORATION, PRODUCTION AND DEVELOPMENT WITHIN ITS
TERRITORIAL LIMITS.
4H. ZA13 -008, SITE PLAN FOR THE SHADDOCK OFFICE BUILDING ON
PROPERTY BEING DESCRIBED AS LOT 3, BLOCK 1, GUMM SCIFRES
ADDITION AN ADDITION TO THE CITY OF SOUTHLAKE, TARRANT
COUNTY, TEXAS AND LOCATED AT 131 SOUTH VILLAGE CENTER DRIVE,
SOUTHLAKE, TEXAS. CURRENT ZONING: 01 — OFFICE ZONING DISTRICT.
SPIN #8. (ON FEBRUARY 21, 2013, THE PLANNING AND ZONING
COMMISSION TABLED THIS ITEM TO THEIR MARCH 7, 2013 MEETING. IF
APPROVED, COUNCIL WILL CONSIDER AND CONDUCT THE PUBLIC
HEARING AT THEIR MARCH 19, 2013 MEETING.)
41. ZA13 -009, SITE PLAN FOR DEL FRISCO'S GRILLE ON PROPERTY BEING
DESCRIBED AS LOT 3, BLOCK 1R, SOUTHLAKE TOWN SQUARE
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ADDITION, CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS AND BEING
LOCATED AT 140 STATE STREET, SOUTHLAKE, TEXAS. CURRENT
ZONING: DT- DOWNTOWN DISTRICT. SPIN #8. (ON FEBRUARY 21, 2013,
THE PLANNING AND ZONING COMMISSION TABLED THIS ITEM TO THEIR
MARCH 7, 2013 MEETING. IF APPROVED, COUNCIL WILL CONSIDER AND
CONDUCT THE PUBLIC HEARING AT THEIR MARCH 19, 2013 MEETING.)
4J. ZA13 -014, PLAT REVISION FOR LOT 3R AND LOT 5, BLOCK 1R,
SOUTHLAKE TOWN SQUARE ADDITION, ON PROPERTY DESCRIBED AS
LOT 3, BLOCK 1R, SOUTHLAKE TOWN SQUARE ADDITION, CITY OF
SOUTHLAKE, TARRANT COUNTY, TEXAS AND BEING LOCATED AT 140
STATE STREET, SOUTHLAKE, TEXAS. CURRENT ZONING: DT-
DOWNTOWN DISTRICT. SPIN #8. (ON FEBRUARY21, 2013, THE PLANNING
AND ZONING COMMISSION TABLED THIS ITEM TO THEIR MARCH 7, 2013
MEETING. IF APPROVED, COUNCIL WILL CONSIDER AND CONDUCT THE
PUBLIC HEARING AT THEIR MARCH 19, 2013 MEETING.)
APPROVED
Council, during work session, moved Item 7A to the consent agenda and removed item
4F.
A motion was made to approve the consent agenda as presented.
Motion: Bledsoe
Second: Morris
Ayes: Bledsoe, Morris, Muller, Schelling, Terrell, Wang, Zito
Approved: 7 -0
4F. ORDINANCE NO. 1060, 1 READING, PARKS, RECREATION & OPEN
SPACE / COMMUNITY FACILITIES MASTER PLAN, A COMPONENT OF THE
SOUTHLAKE 2030 COMPREHENSIVE PLAN. (IF APPROVED AT FIRST
READING, THE PUBLIC HEARING WILL BE HELD ON MARCH 19, 2013.)
APPROVED
Council member Wang removed this item from the consent agenda. He commented on
the funds specifically allocated for the safety town project. He would like to see the
funds removed and allocated toward other projects within the Parks, Recreation & Open
Space / Community Facilities Master Plan.
Senior Planning Director Ken Baker asked Council if the safety town project should be
removed from the priority list. Mayor Terrell advised that Council would need further
discussion to determine if the project would be removed from the priority list. The
discussion may indicate that the project not be removed, but funding specified for the
project be allocated on other projects.
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City Manager Shana Yelverton informed Council that funding for projects are discussed
when the capital improvement program is adopted. She commented that staff will be
working on the capital improvement program this spring. When this item comes forward
for approval will be Council's opportunity to address reallocation of funding. The project
is shown on the master priority plan and Council is the final authority as to whether the
project remains on the master priority plan.
A motion was made to approve item 4F as presented.
Motion: Bledsoe
Second: Muller
Ayes: Bledsoe, Morris, Muller, Schelling, Terrell, Zito
Nays: Wang
Approved: 6 -1
REGULAR AGENDA:
5. PUBLIC FORUM
6. ORDINANCES, SECOND READINGS, PUBLIC HEARINGS, AND RELATED
ITEMS:
6A. ORDINANCE 1051 (CP12 -004), 2 READING, LAND USE PLAN
AMENDMENT FROM MIXED USE AND LOW DENSITY RESIDENTIAL TO
MEDIUM DENSITY RESIDENTIAL ON PROPERTY DESCRIBED AS TRACTS
1 B, 1 B2, 1 B2A, 1 B2A1, 1 B2A2, 2A, 2B, 2C, 3, 4A, 4A1, 4A2, 4A3, 4B, 4B1,
4B2, 5A, 5A1, 5A1 A, 5B, 5C, 6A, 6A1, 6A1 A, 6A2, 6A2A, AND 6B, R.P.
ESTES SUBDIVISION AND TRACTS 1B, 1B1, 1 B1 A, 1 B1 A1, 1 B1 B, 1 B1 B1,
1 B1 C, 1 B1 D, AND 1B2, T. MARTIN SURVEY, ABSTRACT NO. 1134, CITY OF
SOUTHLAKE, TARRANT COUNTY, TEXAS; AND GENERALLY LOCATED AT
THE NORTHWEST CORNER OF WEST DOVE ROAD AND STATE HIGHWAY
114, SOUTHLAKE, TARRANT COUNTY, TEXAS. THE CURRENT ZONING IS
"NR -PUD" NON RESIDENTIAL PLANNED UNIT DEVELOPMENT, "AG"
AGRICULTURAL DISTRICT AND "SP -1" DETAILED SITE PLAN DISTRICT.
THE REQUESTED ZONING IS "R -PUD" RESIDENTIAL PLANNED UNIT
DEVELOPMENT. SPIN #5. PUBLIC HEARING.
APPROVED
Senior Planning Director Ken Baker presented items 6A and 6B and was available to
answer questions from Council.
Applicant representatives Bobby Dollock and Mehrdad Moayedi presented request and
responded to questions from Council.
Mayor Terrell opened the public hearing and asked for anyone wishing to speak on the
item to come forward. The following spoke during the public hearing: Mr. Jerry Lewis,
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2280 North Peytonville; Mr. Wise, 984 West Dove Road; and Mr. Brian Elliot, 935 West
Dove Road.
Mr. Moayedi responded to Mr. Elliott's comments.
There being no one else wishing to speak, Mayor Terrell closed the public hearing.
A motion was made to approve Ordinance No. 1051, Land Use Plan Amendment from
Mixed Use and Low Density Residential to Medium Density Residential on development
otherwise known as Savannah Estates.
Motion: Bledsoe
Second: Wang
Ayes: Bledsoe, Schelling, Terrell, Wang, Zito
Nays: Morris, Muller
Approved: 5 -2
In accordance with Section 4.21 of the City Charter, the caption for this item is listed as
follows:
AN ORDINANCE ADOPTING THE CONSOLIDATED FUTURE LAND USE PLAN AS
AN ELEMENT OF THE SOUTHLAKE 2030 PLAN, THE CITY'S COMPREHENSIVE
PLAN UPDATE.
6B. ORDINANCE 480 -628 (ZAl2 -088), 2 READING, ZONING CHANGE AND
DEVELOPMENT PLAN FOR SAVANNAH ESTATES ON PROPERTY
DESCRIBED AS TRACTS 1 B, 1 B2, 1 B2A, 1 B2A1, 1 B2A2, 2A, 2B, 2C, 3, 4A,
4A1, 4A2, 4A3, 4B, 4B1, 4B2, 5A, 5A1, 5A1A, 5B, 5C, 6A, 6A1, 6A1A, 6A2,
6A2A, AND 6B, R.P. ESTES SUBDIVISION AND TRACTS 1B, 1B1, 1 B1 A,
1 B1 A1, 1 B1 B, 1 B1 B1, 1 B1 C, 1 B1 D, AND 1B2, T. MARTIN SURVEY,
ABSTRACT NO. 1134, CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS;
AND GENERALLY LOCATED AT THE NORTHWEST CORNER OF WEST
DOVE ROAD AND STATE HIGHWAY 114, SOUTHLAKE, TARRANT
COUNTY, TEXAS. THE CURRENT ZONING IS "NR -PUD" NON RESIDENTIAL
PLANNED UNIT DEVELOPMENT, "AG" AGRICULTURAL DISTRICT AND
"SP -1" DETAILED SITE PLAN DISTRICT. THE REQUESTED ZONING IS "R-
PUD" RESIDENTIAL PLANNED UNIT DEVELOPMENT. SPIN #5. PUBLIC
HEARING.
APPROVED
This item was presented in conjunction with item 6A.
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.
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A motion was made to approve Item 6B (ZAl2 -088) Zoning Change and Development
Plan for Savannah Estates, pursuant to the following: development review summary No.
5, dated February 27, 2013; Section 8 of the development standards presented tonight,
dated March 4, 2013, includes the approved use of hardiplank or soffit and facia trim
only; adding to the development standards that approved fencing, walls or any fences
visible from the street or open space from the rear shall be wrought iron and that
approved board on board cedar in between the houses will be permitted; approval of
variances regarding Lot 12X- commercial driveway access and potential variances
subject to final site location of driveways for the Lewis tract on North Peytonville and
Avary tract on West Dove, and in the event a variance is needed the material shall be
consistent with the presentation made herein tonight; development standards amended
to include approved 6 12 pitched roofing for Mediterranean styles houses; striking ability
to have flat roofs, no garage doors will face the streets; moderate and steep roofs on all
other types of houses are required; approved materials will include a 35 year warranty
composition concrete, clay barrel or slate roofing o'r comparable products as approved
by administrator shall be allowed; applicant understands that the roundabout will be
functional prior to issuance of any building certificates of occupancy for residences; and
in the event there is a driveway variance issue regarding a further subsequent driveway
(Glasson driveway) for the commercial drive on Lot X shall be permitted and consistent
with presentation made herein tonight.
Motion: Bledsoe
Second: Wang
Ayes: Bledsoe, Morris, Muller, Schelling, Terrell, Wang
Nays: Zito
Approved: 6 -1
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 TRACTS 1 B,
1B2, 1B2A, 1B2A1, 1B2A2, 2A, 2B, 2C, 3, 4A, 4A1, 4A2, 4A3, 4B, 4B1, 4B2, 5A, 5A1,
5A1A, 5B, 5C, 6A, 6A1, 6A1A, 6A2, 6A2A, AND 6B, R.P. ESTES SUBDIVISION AND
TRACTS 1B, 1B1, 1B1A, 1B1A1, 1B1B, 1B1B1, 1B1C, 1B1D, AND 1B2, T. MARTIN
SURVEY, ABSTRACT NO. 1134, SOUTHLAKE, TARRANT COUNTY, TEXAS BEING
APPROXIMATELY 77.05 ACRES AND MORE FULLY AND COMPLETELY
DESCRIBED IN EXHIBIT "A" FROM "NR -PUD" NON RESIDENTIAL PLANNED UNIT
DEVELOPMENT, "AG" AGRICULTURAL DISTRICT AND "S -P -1" DETAILED SITE
PLAN DISTRICT TO "R -PUD" RESIDENTIAL PLANNED UNIT DEVELOPMENT
DISTRICT, 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
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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.
7. ORDINANCES, FIRST READINGS, AND RELATED ITEMS:
7A. ORDINANCE NO. 480 -JJJJ, 1 READING, AMENDMENT TO THE
COMPREHENSIVE ZONING ORDINANCE NO. 480, AS AMENDED, AS IT
PERTAINS TO BUILDING COLOR. (IF APPROVED, AT FIRST READING, THE
PUBLIC HEARING WILL BE HELD ON MARCH 19, 2013.)
APPROVED
This item was considered with the consent agenda.
8. RESOLUTIONS: (THERE ARE NO ITEMS ON THIS AGENDA)
9. OTHER ITEMS FOR CONSIDERATION:
9A. SV12 -015, SIGN VARIANCE TO ORDINANCE 704, AS AMENDED, FOR
MAGIC EXXON (TEXACO) LOCATED AT 110 WEST SOUTHLAKE
BOULEVARD, SOUTHLAKE, TEXAS.
APPROVED
Planner I Daniel Cortez presented item and was available to answer questions from
Council.
Applicant representatives Mr. Bob Beaucond and Mr. Lynn Bural presented request and
responded to questions from Council.
A motion was made to approve SV12 -015, noting the following: the building facia will be
white versus red as presented in the package; the canopies that are otherwise shown to
be lit red LED shall not be lit and be a solid red color; monument sign shall be 16' 4"
with the top four inches (4 ") being added to accommodate a ten inch (10 ") letter height;
approving the maximum total height for gas price monument sign as noted at 16' 14"
with maximum sign face height at 5' and maximum sign structure for gas pricing
monument sign as 10', the maximum sign structure area for gas price monument sign at
120 square feet; approving the setback at 10' from FM 1709; approving the logo height
for the attached sign fronting Regional Boulevard at 29" and placement on the sign
justified on right and left versus the 75% required on the single side; the Exxon sign on
the canopy will be backlit LED; masonry portions of the building will be a gray tone as
part of the overall sign package; and signs regarding entry features and food mart, etc.
will be as presented this evening.
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Motion: Bledsoe
Second: Zito
Ayes: Bledsoe, Morris, Muller, Schelling, Terrell, Wang, Zito
Approved: 7 -0
9B. MSP13 -002, MASTER SIGN PLAN FOR FOREST PARK MEDICAL CENTER
LOCATED AT 335 EAST STATE HIGHWAY 114, SOUTHLAKE, TEXAS.
APPROVED
Planner I Daniel Cortez presented item and was available to answer questions from
Council.
Applicant representatives Mr. David Ransom and Nadine Melendrez presented request
and was available to answer questions from Council.
A motion was made to approve MSP13 -002, Master Sign Plan for Forest Park Medical
Center located at 335 East State Highway 114, as presented this evening.
Motion: Bledsoe
Second: Zito
Ayes: Bledsoe, Morris, Muller, Schelling, Terrell, Wang, Zito
Approved: 7 -0
10. OTHER ITEMS FOR DISCUSSION: (THERE ARE NO ITEMS ON THIS
AGENDA)
11. MEETING ADJOURNED.
Mayor Terrell adjourned the meeting at 9:13 p.m.
*An audio recording of this meeting will be permanently retained in the City Secretary's
Office.
C)0
John Terrell
••• . •` �uTHLgk '' Mayor
ATTEST: .•• •...... • •
_s, ..P
Alicia Richardson * **
City Secretary
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