2012-06-19CITY OF
SOUTHLAK.-E
TEXAS
REGULAR CITY COUNCIL MEETING: June 19, 2012
LOCATION: 1400 Main Street, Southlake, Texas 76092
Council Chambers in Town Hall
WORK SESSION: 5:30 P.M.
1. Call to order.
2. Invocation: Zack Polyak, Chaplain of the Month
3. Local Business Report
4. Zoning Ordinance Amendment - Proposed changes to Zoning Ordinance No.
480, as amended to address building colors /architectural standards for non-
residential buildings.
5. Southlake Sister Cities Guidelines
6. Discuss all items on tonight's meeting agenda. No action will be taken and each
item will be considered during the Regular Session.
REGULAR SESSION: Immediately followinq the work session
Call to order.
2. A. Executive Session: Pursuant to the Open Meetings Act, Chapter 551,
Texas Government Code, Sections 551.071, 551.072, 551.073, 551.074,
551.076, 551.087, 418.183(f), and 418.106(d) & (e). Refer to posted list
attached hereto and incorporated herein. Executive Session may be
held, under these exceptions, at the end of the Regular Session or at
any time during the meeting that a need arises for the City Council to
seek advice from the City Attorney as to the posted subject matter of
this City Council meeting
Section 551.071: Consultation with attorney
a. Seek the advice of the city attorney regarding gas drilling and
production and gas utility companies.
b. Seek the advice of the city attorney regarding vested rights.
2. Section 551.072: Deliberation regarding real property
a. Discuss the potential purchase, lease or value of real property
for city facilities and projects.
3. Section 551.074: Deliberation regarding personnel
City of Southlake values:
Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork
City of Southlake
City Council meeting agenda
June 19, 2012
Page 2 of 8
a. Deliberate the appointment, employment, evaluation,
reassignment, duties, discipline, or dismissal of the City
Manager, City Secretary, City Attorney and Municipal Judge.
4. Section 551.087: Deliberation regarding economic
development negotiations
a. Economic incentives for businesses.
B. Reconvene: Action necessary on items discussed in Executive Session.
3. REPORTS:
A. Mayor's Report
B. City Manager's Report
1. Kimball Avenue Enhancement Project Update
CONSENT AGENDA: All items listed below are considered to be routine by the City
Council and will be enacted with one motion. There will be no separate discussion of
items unless a Councilmember or citizen so requests, in which event the item will be
removed from the general order of business and considered in its normal sequence.
4. Consent:
A. Approve the minutes from the June 5, 2012 City Council meeting.
B. Approve annual agreement for providing odor control treatment at lift
stations with Premier Chemical, LLC in the amount of $126,512.
C. Approve the annual interlocal agreement with Tarrant County to provide
tax collection and assessment services for ad valorem taxes levied by the
City of Southlake for tax year 2012.
D. Approve an interlocal agreement with the Cities of Keller and Colleyville
for the provision of Animal Control Services.
E. Approve increase to current contract with O'Donnell's Landscape Services
in the amount of $68,750 for additional landscape services.
F. Approve Residential Developer Agreement with Terra Land Management,
Inc. for Winding Creek Phase I.
G. Approve revisions to the Park Use Policy regarding park hours for North
Park.
City of Southlake values:
Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork
City of Southlake
City Council meeting agenda
June 19, 2012
Page 3 of 8
H. Ordinance No. 1034, 1 St Reading, Waste Water System Master Plan, a
component of the Southlake 2030 Comprehensive Master Plan. (If
approved at first reading, the public hearing will be held August 7, 2012.)
Ordinance No. 1037, 1st Reading, Appointing the Judge of the Municipal
Court of Record and authorizing the Mayor to execute an agreement with
the Municipal Judge. (If approved at first reading, the second reading will
be held on August 7, 2012.)
J. Consider SV12 -009, sign variance to Sign Ordinance No. 704, as
amended, for Carillon office development temporary sign located at the
200 block of East State Hwy 114 on the north side of the highway.
K. Consider SV12 -010, sign variance to Sign Ordinance No. 704, as
amended, for the Grove temporary sign located at 500 West State Hwy
114; at the southeast corner of West Dove Street and West State Hwy
114.
L. Consider SV12 -007, Sign variance to Sign Ordinance No. 704, as
amended, for Modia Home Theatre Store located at 3030 East Southlake
Boulevard in Gateway Plaza.
M. Approve a one year extension of the plat revision for Lots 3R1 and 3R2,
Block 1, Village Center Phase I (ZA10 -059).
N. Ordinance No. 480 -619 (ZAl2 -007), 1 St 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 South Nolen Drive, Southlake, Texas. Current Zoning: AG
Agricultural District. Requested Zoning: S -P -1 Detailed Site Plan District.
SPIN Neighborhood #8. This item was requested to be tabled by the
applicant at the Planning and Zoning Commission on May 3, 2012,
May 17, 2012 and June 7, 2012. The Planning and Zoning
Commission will consider item at their June 21, 2012 meeting. (If the
Planning and Zoning Commission recommends moving the item to City
Council at its June 21, 2012 meeting, the first reading for this item will be
scheduled for August 7, 2012 and the public hearing will be held on
August 21, 2012.)
O. Ordinance No. 480 -532a (ZAl2 -038), 1 St 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
City of Southlake values:
Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork
City of Southlake
City Council meeting agenda
June 19, 2012
Page 4 of 8
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.
This item was requested to be tabled by the applicant at the Planning
and Zoning Commission on May 3, 2012, May 17, 2012 and June 7,
2012. (If the Planning and Zoning Commission recommends moving the
item to City Council at its June 21, 2012 meeting, the first reading for this
item will be scheduled for August 7, 2012 and the public hearing will be
held on August 21, 2012.)
P. Ordinance No. 480 -620 (ZAl2 -030), 1 St Reading, Zoning Change and Site
Plan for Marshall Creek Ranch on property described as Tract 7A, R. D.
Price Survey, Abstract No. 992A, City of Southlake, Denton County,
Texas, and located at 4401 T. W. King Rd., Southlake, Texas. Current
Zoning: AG — Agricultural District. Requested Zoning: S -P -2 Generalized
Site Plan Zoning District. SPIN Neighborhood #1. The applicant has
requested to table this item to the July 19, 2012 Planning and Zoning
Commission meeting. (If the Planning and Zoning Commission
recommends moving the item to City Council, the first reading for this item
will be scheduled for August 7, 2012 and the public hearing will be held on
August 21, 2012.)
Q. Resolution No. 12 -036 (ZAl2 -048), Specific Use Permit to allow a
temporary sales facility on property described as Lot 3, Block 24, Carillon
Phase 1A, Southlake, Tarrant County, Texas and located at 209 St.
Tropez Drive, Southlake, Texas. Current Zoning: ECZ - Employment
Center District. SPIN Neighborhood #3. The applicant has withdrawn
this request.
REGULAR AGENDA:
5. Public Forum.
(The Public Forum will not begin prior to 7:00 p.m. This is the public's opportunity
to address the City Council about non - agenda items. During this proceeding, the
City Council will not discuss, consider or take action on any item presented. We
respectfully ask that anyone stepping forward to speak during Public Forum to
please limit remarks to three minutes or less.)
6. Ordinances, second readings, public hearings, and related items:
A. ZAl2 -045, Site Plan for Bonefish Grill Restaurant on property described
as Lot 1, Block 1, The Shops of Southlake, an addition to the City of
Southlake, Tarrant County, Texas and located at the southeast corner of
Carroll Avenue and East Southlake Boulevard at 1201 East Southlake
City of Southlake values:
Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork
City of Southlake
City Council meeting agenda
June 19, 2012
Page 5 of 8
Boulevard, Southlake, Texas. Current Zoning: S -P -2 Generalized Site
Plan District. SPIN Neighborhood #8. PUBLIC HEARING
B. SV12 -011, Variance to the Shops of Southlake Master Sign Plan and Sign
Ordinance No. 704, as amended, for Bonefish Grill located at 1201 East
Southlake Boulevard.
C. ZAl2 -049, Site Plan for Lakeside Presbyterian Church on property
described as Lot 13R, J. G. Allen No. 18 Addition, an addition to the City
of Southlake, Tarrant County, Texas; and located at 2701 West Southlake
Blvd., Southlake, Texas. Current Zoning: CS - Community Service District.
SPIN Neighborhood #11. PUBLIC HEARING
D. Ordinance No. 1036, 2 nd Reading, abandon an unused easement located
on Lots 57 and 58 in the Dove Estates Subdivision, John Heirs Childress
Survey. PUBLIC HEARING
E. Ordinance No. 1035, 2 nd 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.
PUBLIC HEARING
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:
A. Consider SV12 -008, Sign variance to Sign Ordinance No. 704, as
amended, for Burger Shack located at 410 West Southlake Boulevard in
Bicentennial Retail Plaza.
B. ZAl2 -050 Plat Revision for Carillon Phase 1A, being a revision of a
portion of Carillon Phase 1A, an addition to the City of Southlake, Tarrant
County Texas and being generally located at the southeast intersection of
East Kirkwood Boulevard and Riviera Lane, Southlake, Texas. Current
Zoning "ECZ" Employment Center Zoning District.
10. Other items for discussion: (There are no items on this agenda.)
11. Meeting adjourned.
City of Southlake values:
Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork
City of Southlake
City Council meeting agenda
June 19, 2012
Page 6 of 8
CERTIFICATE
I hereby certify that the above agenda was posted on the official bulletin boards at Town
Hall, 1400 Main Street, Southlake, Texas, on Friday, June 15, 2012 by 6:00 p.m.,
pursuant to the Texas Government bode o Chapter 551.
't µyei rr rrrr
s
. •
T �
Alicia Richardson, TRMC u� ;�
City Secretary
If you plan to attend this public meeting and have a disability that requires special
needs, please advise the City Secretary's Office 48 hours in advance at 817 - 748 -8016
and reasonable accommodations will be made to assist you.
City of Southlake values:
Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork
City of Southlake
City Council meeting agenda
June 19, 2012
Page 7 of 8
EXECUTIVE SESSION
Section 551.071: Consultation with attorney. The City Council may conduct a private
consultation with its attorney when the City Council seeks the advice of its attorney
concerning any item on this agenda, about pending and contemplated litigation, or a
settlement offer, or on a matter in which the duty of the attorney to the City Council
under the Texas Disciplinary Rules of Professional Conduct of the State Board of Texas
clearly conflicts with Chapter 551. This includes the following pending and /or
contemplated litigation subjects:
1. Jayson Steele vs. City of Southlake. August 2008.
2. Pending Public Information Act requests.
3. Texas Attorney General litigation defending the constitutionality of the Texas
Open Meetings Act.
4. Legal issues regarding the Barnett Shale gas extraction and transportation.
5. City of Southlake v. Jeff Massey, et al; Cause No. 2011 - 003365 -3; eminent
domain action regarding property located at 1200 North Kimball, Southlake,
Texas.
6. Legal issues related to property located at 3100, 3110, and 3112 East Southlake
Boulevard.
7. City of Southlake v. Ashwin J. Babaria, et al; Cause No. 2011 - 006149 -3; eminent
domain action regarding property located at 1470 N. Kimball Avenue, Southlake,
Texas.
8. Metro -Plex Underground, LP v. Ed Bell Construction and ARCH Insurance
Company; Cause No. 048 - 258408 -12
Section 551.072: Deliberation regarding real property. The City Council may conduct a
closed meeting to deliberate the purchase, exchange, lease or value of real property.
Section 551.073: Deliberation regarding prospective gift or donation. The City Council
may conduct a closed meeting to deliberate a negotiated contract for a prospective gift
or donation to the City.
Section 551.074: Deliberation regarding personnel matters. The City Council may
deliberate the appointment, employment, evaluation, reassignment, duties, discipline, or
dismissal of public officers, including the City Manager, City Secretary, City Attorney,
Municipal Judge and city boards and commission members. A complete list of the city
boards and commissions is on file in the City Secretary's Office.
Section 551.076: Deliberation regarding security devices. The City Council may
deliberate the deployment, or specific occasions for implementation of security
personnel or devices.
Section 551.087: Deliberation regarding economic development negotiations. The City
Council may discuss or deliberate regarding commercial or financial information
received from a business prospect that the city seeks to have locate, stay, or expand in
City of Southlake values:
Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork
City of Southlake
City Council meeting agenda
June 19, 2012
Page 8 of 8
or near the city and which the City is conducting economic development negotiations; or
to deliberate the offer of a financial or other incentive to a business prospect as
described above.
Section 418.183(f): Texas Disaster Act
The City Council may deliberate information: 1) for purposes of preventing,
investigating, or responding to an act of terrorism or related criminal activity and
involving emergency response providers, their staffing, contact information and tactical
plans; 2) that relates to the risk or vulnerability of persons or property, including
infrastructure, to an act of terrorism; 3) that relates to the assembly of an explosive
weapon, the location of a material that may be used in a chemical, biological or
radioactive weapon, or unpublished information pertaining to vaccines or devices to
detect biological agents or toxins; 4) that relates to details of the encryption codes or
security keys for a public communication system; 5) that relates to a terrorism - related
report to an agency of the United States; 6) that relates to technical details of particular
vulnerabilities of critical infrastructure to an act of terrorism; 7) that relates to information
regarding security measures or security systems intended to protect public and private
property from an act of terrorism. The Texas Disaster Act specifically requires that a
tape recording of the closed meeting be made.
Section 418.106(d) & (e): Local meetings to discuss emergency management plans
regarding pipeline safety
The City Council may discuss emergency management plans involving pipeline safety
and /or security of pipeline infrastructures or facilities when those plans or discussions
contain such sensitive information.
City of Southlake values.
Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork