2002-06-18 City of Southlake
CITY COUNCIL MEETING
June 18, 2002
MINUTES
CITY COUNCIL PRESENT: Mayor Rick Stacy, Mayor Pro Tem W. Ralph Evans, Deputy Mayor
Pro Tem Greg Standerfer; Councilmembers: Carolyn Morris, Rex Potter, and Tom Stephen.
CITY COUNCIL ABSENT: Keith Shankland
STAFF PRESENT: City Manager Billy Campbell, Assistant City Manager Shana Yelverton, Assistant
to the City Manager John Eaglen, Community Services Director Kevin Hugman, Deputy Director of
Community Services Steve Polasek, Finance Director Sharen Elam, Planning Director Bruce Payne,
Senior Planner Dennis Killough, Senior Planner Ken Baker, Public Works Director Pedram Farahnak,
Assistant to the Public Works Director Valerie Bradley, Director of Economic Development Greg Last,
Economic Specialist Betsy Boyett, Director of Public Safety Rick Black, Police Chief Marlin Price,
Deputy Director of Administrative Services Malcolm Jackson, Public Information Officer James Kunke,
City Attorney Debra Drayovitch, Administrative Secretary Lori Farwell and Acting City Secretary Kim
Bush.
WORK SESSION: The work session was called to order by Mayor Stacy at 5:39 p.m.
REGULAR SESSION:
Agenda Item No. 1, Call to order. The regular session was called to order by Mayor Stacy at 6:11 p.m.
Agenda Item No. 2A, Executive Session: Mayor Rick Stacy announced that the City Council would be
going into Executive Session pursuant to the Texas Government Code, Section 551.071, consultation
with city attorney; Section 551.072, deliberation regarding real property; Section 551.074, deliberation
regarding personnel matters; Section 551.086, deliberation regarding economic development
negotiations. City Council adjourned for Executive Session at 6:11 p.m. Mayor Stacy called the
executive session to order at 6:15 p.m.
Agenda Item No. 2B, Reconvene: Executive Session ended at 6:55 p.m. and City Council reconvened
the regular meeting at 7:02 p.m. There was no action necessary as a result of the Executive Session.
Agenda Item No. 3, Invocation was presented by Mayor Pro Tem Ralph Evans.
Agenda Item No. 4, Reports:
A. Mayor's Report:
1) Mayor Stacy announced upcoming meetings and events.
2) The Mayor presented plaques to Park Board Member Chris Miltenberger and Library
Board Member Debbie Baynard for their service to the community.
3) Also during the Mayor's Report, Director Rick Black presented Life Saving Awards to
dispatcher Dena Morgan and officer Robert Hodges for their part in helping to save the
life of Ryan Johnson during a drowning incident. Mayor Stacy also presented a
proclamation to Cody and Michael Johnson for their part in helping to save their little
brother's life.
City Council Meeting Minutes, June 18, 2002 Page 1 of 7
B. City Manager's Report: none
C. SPIN Report: SPIN Representative Jackie Phillips informed the Council that Public
Information Officer James Kunke met with the SPIN Standing Committee members to
discuss enhancements to the Web site. Ms. Phillips also informed the Council that SPIN
informational packets will be sent via email which will save several hundred dollars, also
informational development meetings will be held at regular meetings on the 2 ❑ and 4
Mondays of each month. Some of these meetings may be video taped for showing on the
local Cable channel.
D. Parks and Recreation Report: Park Board Chair Bobby Rawls reported on activities at the
area parks including a recent girls softball tournament which had 20 teams participating and
an upcoming baseball tournament with 40 teams expected to participate.
E. Committee Reports: None
F. Local Business Report: Karen Bracken with Countrywide Mortgage made a brief
presentation on the services they provide.
Consent Agenda:
A. Approval of the minutes of the City Council meeting held on May 20, 2002 Boards and Commission
Interviews, and of the regular City Council meeting held on June 4, 2002. Approved as presented
B. Resolution No. 02 -020, Appointing two members to serve on the Board of Directors of the Tax
Increment Reinvestment Zone Number One of the City of Southlake. Approved appointing
Councilmembers Rex Potter and Carolyn Morris to two -year terms. 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.
C. Approval of Comprehensive Annual Financial Report for September 30, 2001. Approved as
presented.
D. Authorize the Mayor to execute a commercial developer's agreement for Cornerstone Plaza, Lot 1,
Block A, a 5.8895 acre site located at the southeast corner of F.M. 1709 and S. Nolen Drive at 2700
block of E. Southlake Boulevard. Staff recommended approval as presented.
E. ZA02 -043, Development Plan for Southlake Town Square, Phase IV, located on the east side of Central
Avenue, north side of E. Southlake Boulevard and the south side of State Highway 114. Current
Zoning: NR -PUD Non - Residential Planned Unit Development District. SPIN Neighborhood #8.
Tabled to the August 6, 2002, City Council meeting.
F. Ordinance No. 480 -399, 2 Reading (ZA02 -034) Rezoning and Site Plan for Sonic Restaurant, at 2550
East Southlake Boulevard (FM 1709) located on the north side of East Southlake Boulevard (FM
1709), approximately 600' west of N. Nolen Drive. Current Zoning: AG - Agricultural District.
Requested Zoning: S -P -1 - Detailed Site Plan District with C -2 - Local Retail Commercial District
uses. SPIN Neighborhood #7. As requested by the Applicant, this item to be tabled to the July 16,
2002, City Council meeting.
City Council Meeting Minutes, June 18, 2002 Page 2 of 7
G. ZA02 -021, Site Plan for Lot 1, Block 2, Cornerstone Business Park, located on the southeast corner of
Exchange Boulevard and Silicon Drive. Current Zoning: I -1 Light Industrial District. SPIN
Neighborhood #7. Tabled to the July 16, 2002, City Council meeting due to cancellation of July 2,
2002 meeting.
H. Cancellation or rescheduling of the July 2, 2002, City Council meeting. July 2 meeting canceled due
to lack of quorum during the holiday week.
8A. Ordinance No. 480 -PP, 1 Reading, Amendment to the Comprehensive Zoning Ordinance No. 480, as
amended, regarding "Lot Area" within the "I -1" Light Industrial District and "B -1" Business Service
Park District. Staff recommends approving the wording change to the ordinance to bring existing
districts into compliance. P &Z recommended approval at its June 6, 2002 meeting.
8B. Ordinance No. 480 -398, 1 Reading (ZA02 -018) Rezoning and Concept Plan for Cornerstone Business
Park, being approximately 9.3 acres of land located on the northeast corner of Crooked Lane and S.
Nolen Drive. Current Zoning: 0-1 - Office District and I -1 - Light Industrial District. Requested
Zoning: I -1 - Light Industrial District. SPIN Neighborhood #7. At applicants request, Council
approved SP -2 zoning with I -1 uses.
Motion was made to approve consent agenda items 5A, 5B, 5C, 5D, 5E (to table), 5F (to table), 5G (to table),
511 (to cancel), 8A, and 8B (for SP -2 zoning with I -1 uses) as discussed tonight and presented above.
Motion: Stephen
Second: Evans
Ayes: Evans, Morris, Potter, Stacy, Standerfer, Stephen
Nays: none
Approved: 6 -0
Regular Agenda:
6A. Public Forum. There were no comments from the audience during Public Forum.
7A. Ordinance No. 480 -275a, 2 Reading (ZA01 -124) Rezoning and Concept Plan for Remington
Retirement Community located on the south side of W. Southlake Boulevard (FM 1709), south of the
intersection of W. Southlake Boulevard (FM 1709) and W. Jellico Circle. Current Zoning: S -P -2 -
Generalized Site Plan District to include personal care facility, nursing care facility, and (senior) multi-
family residential uses. Requested Zoning: S -P -2 - Generalized Site Plan District to include personal
care facility, nursing care facility, (senior) multi - family residential and (senior) two - family residential
uses. SPIN Neighborhood #15. Senior Planner Dennis Killough presented the request and stated that
the applicant has incorporated all the changes discussed on 1 reading including: reduced number of
units from 365 to 314, reduced the east and west wings from three stories to two stories, added a 6 -foot
pre -cast concrete wall along the west side of Owenwood Drive, added 4 -inch caliper Red Oaks along
the east boundary common with the Wiesman property at 20' on center, and added 10 villa units to the
south portion of the property. P &Z recommended approval at its meeting on March 7, 2002, subject to
review.
Public Hearing:
Mario Molina, 1481 E. Dove Street. Spoke in favor of the project commenting that this is something
the residents of Southlake need.
City Council Meeting Minutes, June 18, 2002 Page 3 of 7
Dick Johnston, former long -time resident of Southlake was present and spoke in favor of the project.
A letter of support with 28 signatures was submitted to the Council and has been included with the
minutes.
There were no other comments during the Public Hearing.
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
TRACTS 4F, 4F1, 5A1B, 6A1, AND A PORTION OF TRACT 6B SITUATED IN
THE JESSE G. ALLEN SURVEY, ABSTRACT NO. 18, AND BEING
APPROXIMATELY 22.558 ACRES, AND MORE FULLY AND COMPLETELY
DESCRIBED IN EXHIBIT "A" FROM "S -P -2" GENERALIZED SITE PLAN
DISTRICT TO INCLUDE PERSONAL CARE FACILITY, NURSING CARE
FACILITY, AND (SENIOR) MULTI - FAMILY RESIDENTIAL USES TO "S -P -2"
GENERALIZED SITE PLAN DISTRICT TO INCLUDE PERSONAL CARE
FACILITY, NURSING CARE FACILITY, AND (SENIOR) MULTI- FAMILY
RESIDENTIAL AND (SENIOR) TWO - FAMILY RESIDENTIAL USES AS
DEPICTED ON THE APPROVED CONCEPT 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.
Motion was made to approve Ordinance No. 480 -275a, 2' Reading, as presented tonight and further
subject to Concept Plan Review Summary No. 4, dated June 14, 2002.
Motion: Potter
Second: Morris
Ayes: Evans, Morris, Potter, Stacy, Standerfer, Stephen
Nays: none
Approved: 6 -0
7B. ZA01 -125, Site Plan for Remington Retirement Community located on the south side of W. Southlake
Boulevard (FM 1709), south of the intersection of W. Southlake Boulevard (FM 1709) and W. Jellico
Circle. Current Zoning: S -P -2 - Generalized Site Plan District to include personal care facility, nursing
care facility, and (senior) multi - family residential uses. Proposed Zoning: S -P -2 - Generalized Site Plan
District to include personal care facility, nursing care facility, (senior) multi - family residential and
City Council Meeting Minutes, June 18, 2002 Page 4 of 7
(senior) two- family residential uses. SPIN Neighborhood #15. Senior Planner Dennis Killough
presented the request and commented that there are no variances requested and the articulation is in
compliance with City requirements. P &Z recommended approval at its meeting on March 7, 2002.
There were no comments during the Public Hearing.
Motion was made to approve ZA 01 -125, Site Plan for Remington Retirement Community subject to
Site Plan Review Summary No. 3, dated June 14, 2002.
Motion: Evans
Second: Standerfer
Ayes: Evans, Morris, Potter, Stacy, Standerfer, Stephen
Nays: none
Approved: 6 -0
7C. Resolution No. 02 -042, Denying TXU Gas Distribution's request to change rates in the North Texas
Metroplex Distribution System; requiring prompt reimbursement of cities' rate case expenses. Staff
recommended denying TXU's application for a gas rate increase as recommended by the consultants
and counsel retained by a coalition of cities to study this request.
There were no comments during the Public Hearing. (Oncor representative Kenneth Govan spoke
earlier and gave a brief presentation in work session.)
In accordance with Section 4.21 of the City Charter, the caption for this item is listed as follows:
RESOLUTION DENYING TXU GAS DISTRIBUTION'S REQUEST TO
CHANGE RATES IN THE NORTH TEXAS METROPLEX DISTRIBUTION
SYSTEM; REQUIRING PROMPT REIMBURSEMENT OF CITIES' RATE
CASE EXPENSES
Motion was made to approve Resolution No. 02 -042, Denying TXU Gas Distribution's request for a
rate change.
Motion: Standerfer
Second: Stephen
Ayes: Evans, Morris, Potter, Stacy, Standerfer, Stephen
Nays: none
Approved: 6 -0
8C. Ordinance No. 480 -400, 1 Reading (ZA02 -038) Rezoning and Site Plan on property located at 2171 E.
Southlake Boulevard (FM 1709). Current Zoning: B -1 Business Park District. Requested Zoning: S -P -1
Detailed Site Plan District Regulations with C -2 Local Retail Commercial District and limited C -3
General Commercial District uses. SPIN Neighborhood #8. Senior Planner Dennis Killough presented
the request stating that the applicant has indicated that Eatzi's is the intended tenant in the eastern
building on the site and further that the applicant is requesting a 5 -foot driveway spacing variance.
P &Z recommended approval (6 -0) at its meeting on June 6, 2002, subject to review, deleting variance
requests for impervious coverage, continuing lighting discussions with adjacent residents, and
acknowledging the applicant's desire to relinquish rights of access through the property to the west.
The applicant Tommy Pigg, 1207 Strathmoore, Southlake, Texas, was present to answer questions of
Council. He commented that they have agreed to revoke access with Gateway Church, will comply
with 70% max impervious coverage, recommending 20 -foot lighting type RA25, and, as suggested,
City Council Meeting Minutes, June 18, 2002 Page 5 of 7
will provide decorative appliques to the steel door. Architect Tom Hutch further agreed to plant ivy
along the east wall.
Motion was made to approve Ordinance No. 480 -400, 1 Reading, subject to Site Plan Review
Summary No. 4, dated June 14, 2002, and further subject to 20 -foot lighting type RA25 as shown on
page two of ERA International Design Luminaire (or something equivalent), granting a 5 -foot variance
on driveway spacing, and further limited to changes discussed tonight.
Motion: Standerfer
Second: Stephen
Ayes: Evans, Morris, Potter, Stacy, Standerfer, Stephen
Nays: none
Approved: 6 -0
Martha Taylor, 209 Eastwood Drive. Ms. Taylor spoke in opposition to the request and read from a
letter prepared by Pamela Muller. Ms. Taylor commented that the current land use designation in
this area has been working well and she is concerned with spot zoning.
8D. ZA02 -039, Preliminary Plat for Lots 1 & 2, Buchanan Addition, located at 2171 E. Southlake
Boulevard (FM 1709). Current Zoning: B -1 Business Park District. SPIN Neighborhood #8. Senior
Planner Dennis Killough presented the preliminary plat and stated that P &Z recommended approval at
its meeting on June 6, 2002, subject to Plat Review Summary No. 3 dated May 31, 2002. The applicant
Tommy Pigg was present to answer questions and confirmed that the zoning on the remainder of the
property would remain B -1.
Motion was made to approve ZA 02 -039 subject to Plat Review Summary No. 4, dated June 14, 2002.
Motion: Standerfer
Second: Stephen
Ayes: Evans, Morris, Potter, Stacy, Standerfer, Stephen
Nays: none
Approved: 6 -0
8E. ZA02 -057, Plat Revision for 2171 East Southlake Boulevard (FM 1709) (Lot 1, Buchanan Addition)
being on the south side of E. Southlake Boulevard approximately 1,000 feet west of Kimball Avenue.
Current Zoning: B -1 Business Park District. SPIN Neighborhood #8. Senior Planner Dennis Killough
presented ZA 02 -057, and stated that P &Z recommended approval at its meeting on June 6, 2002,
subject to Plat Review Summary No. 1, dated May 31, 2002.
Motion was made to approve ZA 02 -057 subject to Plat Review Summary No. 2, dated June 14, 2002.
Motion: Standerfer
Second: Stephen
Ayes: Evans, Morris, Potter, Stacy, Standerfer, Stephen
Nays: none
Approved: 6 -0
8F. Ordinance No. 480 -402, 1 Reading (ZA02 -049) Rezoning and Concept Plan for Southlake Woods,
Phase II, located west of S. Peytonville Avenue to include the east and northeast lots along Deer
Hollow Boulevard; east and west lots along Longhorn Hollow; and lots 5 through 14 along Weeping
Willow Way. Current Zoning: SF -1A Single Family Residential District. Requested Zoning: SF -20A -
Single Family Residential District. SPIN Neighborhood #16. Senior Planner Dennis Killough
presented Ordinance No. 480 -402 and stated that P &Z recommended approval at its June 6, 2002
City Council Meeting Minutes, June 18, 2002 Page 6 of 7
meeting subject to Concept Plan Review Summary No. 2, dated May 31, 2002, as it pertains to lots 30R
through 36R, Block 6 (lot 36R being the pond).The applicant Greg Pound, Project Manager, was
present to answer questions and confirmed that the rezoning request is only for the 6 lots backing up to
the pond. He stated that no set backs would change, the pond will have a wrought iron fence to
separate it from the residential lots, and the pond area will be maintained by the Homeowners
Association.
Motion was made to approve Ordinance No. 480 -402, 1 Reading, for lots 30 -35R, block 6, and further
subject to Concept Plan Review Summary No. 2, dated May 31, 2002.
Motion: Standerfer
Second: Stephen
Ayes: Evans, Morris, Potter, Stacy, Standerfer, Stephen
Nays: none
Approved: 6 -0
12. Adjournment. There being no further business to discuss, the meeting was adjourned at 8:20 p.m.
•
ATTEST: May r Rick Stacy
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i Bush, Acting City Secretary
City Council Meeting Minutes, June 18, 2002 Page 7 of 7
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........ ....... • , , To: The City of Southlake Mayor & City Council Members
From: The Southlake Senior Community •
Date: June 5, 2002
CC: Ron Howell
Joyce Owen
Honorable Members,
Thank you for your overwhelming show of support thr ough you
Positive Vote on June 4. We appreciate your attention to the concerns of
Southlake's Senior community. It is our opinion that having the Veranda
Remington in Southlake will enhance the city and help us r etain quality
citizens of all ages.
Thank You,
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One Owenwood at 1709 • Southlake, Texas 76092 • 817.251.9600 • 817.251.8380 • Fax 817.251.9172
THE SENIORS OF SOUTHLAKE SUPPORT THE VERANDA REMENGTON
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Ayes Nays Abstain Vote
'ouncilmember Stephen
Councilmember Evans
Councilmember Morris
Councilmember Standerfer
Councilmember Potter v
Mayor Stacy
Item #4/L_
Ay es Nays Abstain Vote
Councilmember Evans
Councilmember Morris
Councilmember Standerfer
Councilmember Potter t
Councilmember Stephen
Mayor Stacy
Item #_6._
Ayes Nays Abstain Vote
Councilmember Morris
Councilmember Standerfer
Councilmember Potter
Councilmember Stephen IVZ
Councilmember Evans
Mayor Stacy
Item #
Ayes Nays Abstain Vote
Councilmember Morr
Councilmember St de fer
Councilmember P•tter
Councilmember Stephen
Councilmemb r Evans
Mayor Stacy
Item # C l
Ayes Nays Abstain Vote
'ouncilmember Standerfer P/'
Councilmember Potter L.---
Councilmember Stephen
Councilmember Evans //
Councilmember Morris /!
Mayor Stacy �/
4c2 Item # De- / �� � ,
Ayes Nays Abstain Vote
Councilmember Potter V
Councilmember Stephen /
Councilmember Evans I,/
Councilmember Morris
Councilmember Standerfer V
Mayor Stacy I
Item #—__
Aye Nays Abstain Vote
Councilmember Stephen
Councilmember Evans
Councilmember Morris
Councilmember Standerfer 11
Councilmember Potter t
Mayor Stacy V
Item #
A yes Nays Abstain Vote
Councilmember Evans
Councilmember Morris
Councilmember Standerfer V
Councilmember Potter 1
Councilmember Stephen
Mayor Stacy VV
Item # 14-/
Aye/ Nays Abstain Vote
'ouncilmember Morris
Councilmember Standerfer
Councilmember Potter j/
Councilmember Stephen
Councilmember Evans V
Mayor Stacy
Item #
Ayes Nays Abstain Vote
Councilmember Morris
Councilmember Standerfer
Councilmember Potter
Councilmember Stephen
Councilmember Evans
Mayor Stacy
Item #
Ayes Nays Abstain _ Vote
Councilmember Standerfer
Councilmember Potter
Councilmember Stephen
Councilmember Evans
Councilmember Morris
Mayor Stacy
Item #
Ayes Nays Abstain Vote
Councilmember Potter
Councilmember Stephen
Councilmember Evans
Councilmember Morris
Councilmember Standerfer
Mayor Stacy