Item 4A (June 19)U CITY OF
SOUTHLAK,E
TEXAS
REGULAR CITY COUNCIL MEETING MINUTES: June 19, 2012
LOCATION 1400 Main Street, Southlake, Texas 76092
City Council Chambers
CITY COUNCIL PRESENT Mayor Pro Tern Brandon Bledsoe, Deputy Mayor Pro Tern
Pamela Muller and Councilmembers Carolyn Morris, Jeff Wang, Al Zito, and Martin
Schelling.
CITY COUNCIL ABSENT Mayor John Terrell.
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,
Director of Economic Development Greg Last, Director of Finance Sharen Jackson,
Deputy Fire Chief Wade Carroll, Director of Human Resources Stacey Black, Director of
Planning and Development Services Ken Baker, Police Chief Steve Mylett, Deputy
Director of Public Works Gordon Mayer, Chuck Kendrick, City Attorney Tim Sralla and
City Secretary Alicia Richardson.
WORK SESSION
1. CALL TO ORDER
The Work Session was called to order by Mayor Pro Tern Bledsoe at 5:33 p.m.
2. INVOCATION
Mr. Zack Polyak with Southlake Baptist Church gave the invocation. Mayor Pro Tern
Bledsoe led the pledge of allegiance.
3. LOCAL BUSINESS REPORT
Director of Economic Development Greg Last introduced Qdoba Mexican Grill.
Representatives from Qdoba provided information on their restaurant, menu and hours
of operation.
REGULAR CITY COUNCIL MEETING MINUTES, June 19, 2012
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4. ZONING ORDINANCE AMENDMENT - PROPOSED CHANGES TO ZONING
ORDINANCE NO. 480, AS AMENDED TO ADDRESS BUILDING
COLORS /ARCHITECTURAL STANDARDS FOR NON - RESIDENTIAL
BUILDINGS.
Director of Planning and Development Services Ken Baker presented proposed
amendments to Council. Mr. Baker commented that staff is seeking direction from
Council. The ordinance is identified on the Council's ordinance priority schedule for
discussion in the third quarter of fiscal year 2012.
Council and staff discussed the proposed amendments. After discussion, consensus of
Council was to appoint a subcommittee of Council to work with staff.
5. SOUTHLAKE SISTER CITIES GUIDELINES
Assistant to Community Services Director Candice Edmondson presented item for
Council and was available to answer questions.
Council discussed the following: language for friendship and sister cities being included
in the guidelines, criteria for a friendship /sister city, and terminating sister city
agreements with cities that Southlake is no longer in contact with or visits.
In response to Council's discussion, Ms. Edmondson advised that friendship and sister
cities language is interchangeable. She also commented that Southlake Sister Cities
would work with Sister City International if the decision was made to break an existing
friendship /sister city agreement.
6. DISCUSS ALL ITEMS ON TONIGHT'S MEETING AGENDA. NO ACTION WILL
BE TAKEN AND EACH ITEM WILL BE CONSIDERED DURING THE
REGULAR SESSION.
Mayor Pro Tern Bledsoe read the consent agenda items.
Council member Morris asked staff to provide a presentation for Item 4D— Interlocal
agreement with the cities of Keller and Colleyville for animal control services.
Assistant City Manager /Director of Public Safety Jim Blagg presented item and was
available to answer questions from Council. Mr. Blagg introduced Keller Police Chief
Mark Hafner who responded to questions from Council.
Mayor Pro Tern Bledsoe asked Council if there was any objection to moving Item 9B to
the consent agenda. There being no objection, item was moved to the consent agenda.
REGULAR SESSION
1. CALL TO ORDER
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The Regular Session of the City Council was called to order by Mayor Pro Tern Bledsoe
at 6:49 p.m.
2A. EXECUTIVE SESSION
Mayor Pro Tern Bledsoe 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
6:49 p.m. Executive Session began at 6:55 p.m. and concluded at 7:22 p.m.
2113. RECONVENE
Mayor Pro Tern Bledsoe reconvened the regular meeting at 7:24 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 —
Mayor Pro Tern Bledsoe announced the upcoming meetings and events.
Council member Wang announced that Southlake Sister Cities sponsored Carroll
Senior High School student Yasaman Sahba in the 2012 Young Artist Showcase. Ms.
Sahba's art piece was selected as a top 10 finalist. Ms. Sahba's art piece will be on
tour at select Sister City locations.
B. City Manager's Report —
Communication and Website Manager Pilar Schank announced that Southlake was
named as one of the top suburbs by D Magazine and is featured on the front cover.
4. CONSENT AGENDA (Items 4A -Q) Consent Agenda items are considered to be
routine by the City Council and are enacted with one motion. Mayor Pro Tern
Bledsoe read the Consent Agenda items into the record.
4A. APPROVE THE MINUTES FROM THE JUNE 5, 2012 CITY COUNCIL
MEETING.
4113. APPROVE ANNUAL AGREEMENT FOR PROVIDING ODOR CONTROL
TREATMENT AT LIFT STATIONS WITH PREMIER CHEMICAL, LLC IN THE
AMOUNT OF $126,512.
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4C. 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.
4D. APPROVE AN INTERLOCAL AGREEMENT WITH THE CITIES OF KELLER
AND COLLEYVILLE FOR THE PROVISION OF ANIMAL CONTROL
SERVICES.
4E. APPROVE INCREASE TO CURRENT CONTRACT WITH O'DONNELL'S
LANDSCAPE SERVICES IN THE AMOUNT OF $68,750 FOR ADDITIONAL
LANDSCAPE SERVICES.
4F. APPROVE RESIDENTIAL DEVELOPER AGREEMENT WITH TERRA LAND
MANAGEMENT, INC. FOR WINDING CREEK PHASE I.
Council consensus was to remove verbiage pertaining to bar ditch from the residential
developer agreement.
4G. APPROVE REVISIONS TO THE PARK USE POLICY REGARDING PARK
HOURS FOR NORTH PARK.
4H. 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.)
41. 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. )
4J. 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.
4K. 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.
Council tabled this item to their August 7, 2012 meeting.
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4L. 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.
4M. APPROVE A ONE YEAR EXTENSION OF THE PLAT REVISION FOR LOTS
3R1 AND 3R2, BLOCK 1, VILLAGE CENTER PHASE I (ZA10 -059).
4N. 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.)
40. 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 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.)
4P. 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
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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.)
4Q. 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.
A motion was made to approve the Consent Agenda as read, including Item 9B.
Motion:
Morris
Second:
Zito
Ayes:
Bledsoe, Morris, Muller, Schelling, Wang, Zito
Nays:
None
Absent:
Terrell
Approved:
6 -0
REGULAR AGENDA:
5. PUBLIC FORUM
Mayor Pro Tern Bledsoe opened the public forum and asked for anyone wishing to
speak to come forward.
There being no one else wishing to speak, Mayor Pro Tern Bledsoe closed the public
forum.
6. ORDINANCES, SECOND READINGS, PUBLIC HEARINGS, AND RELATED
ITEMS:
6A. 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 BOULEVARD, SOUTHLAKE, TEXAS. CURRENT ZONING: S -P-
2 GENERALIZED SITE PLAN DISTRICT. SPIN NEIGHBORHOOD #8. PUBLIC
HEARING
APPROVED
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Director of Planning and Development Services Ken Baker summarized item and was
available to answer questions. Mr. Baker presented Item 6B in conjunction with this
item.
Applicant representative David Palmer, 3102 Maple Avenue, Suite 200, Dallas
answered Council's questions.
Mayor Pro Tern Bledsoe 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 Pro
Tern Bledsoe closed the public hearing.
A motion was made to approve ZAl2 -045, site plan for Bonefish Grill Restaurant on
property described Lot 1, Block 1, The Shops of Southlake, an addition to the City of
Southlake, located at the southeast corner of Carroll Avenue and East Southlake
Boulevard at 1201 East Southlake Boulevard, as presented.
Motion:
Morris
Second:
Zito
Ayes:
Bledsoe, Morris, Muller, Schelling, Wang, Zito
Nays:
None
Absent:
Terrell
Approved:
6 -0
6B. 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.
PUBLIC HEARING
APPROVED
This item was presented in conjunction with Item 6A.
Mayor Pro Tern Bledsoe 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 Pro
Tern Bledsoe closed the public hearing.
A motion was made to approve 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.
Motion:
Morris
Second:
Zito
Ayes:
Bledsoe, Morris, Schelling, Wang, Zito
Nays:
Muller
Absent:
Terrell
Approved:
5 -1
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6C. 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
APPROVED
Director of Planning and Development Services Ken Baker presented item and was
available to answer questions.
Applicant representative David Musil was available to answer questions from Council.
Mayor Pro Tern Bledsoe 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 Pro
Tern Bledsoe closed the public hearing.
A motion was made to approve 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; located at 2701 West Southlake Boulevard; to
include addition of 28 parking spaces.
Motion:
Morris
Second:
Zito
Ayes:
Bledsoe, Morris, Muller, Schelling, Wang, Zito
Nays:
None
Absent:
Terrell
Approved:
6 -0
6D. 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
APPROVED
Deputy Public Works Director Gordon Mayer presented item and was available to
answer questions.
Council discussed applicant's request to waive the $250.00 fee associated with the
abandonment. The consensus of Council was to waive the fee and that the applicant
be responsible for the county filing fee.
Mayor Pro Tern Bledsoe opened the public hearing and asked for anyone wishing to
speak on the item to come forward.
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Mr. Dale Crane (applicant's son -in -law), 146 Sunshine Lane, thanked Council for
waiving the $250.00 fee. Mr. Crane informed Council that his father -in -law is trying to
sell his house located on Lot 58.
There being no one else wishing to speak, Mayor Pro Tern Bledsoe closed the public
hearing
A motion was made to approve Ordinance No. 1036, abandon an unused easement
located on Lots 57 and 58 in the Dove Estates Subdivision; waiving the $250.00 city
fee, excluding the county filing fee.
Motion:
Zito
Second:
Morris
Ayes:
Bledsoe, Morris, Muller, Schelling, Wang, Zito
Nays:
None
Absent:
Terrell
Approved:
6 -0
In accordance with Section 4.21 of the City Charter, the caption for this item is listed as
follows:
AN ORDINANCE VACATING AND ABANDONING A 0.224 ACRE EASEMENT ON
THE JOHN H. CHILRESS SURVEY ABSTRACT NO. 254 AND RECORDED IN
VOLUME 7651, VOLUME 1915 OF THE TARRANT COUNTY RECORDS, LOCATED
IN THE CITY OF SOUTHLAKE; DECLARING THAT SUCH EASEMENT IS
UNNECESSARY FOR USE BY THE PUBLIC; AUTHORIZING THE MAYOR TO
EXECUTE QUITCLAIM DEEDS RELEASING PUBLIC INTEREST OF THESE
EASEMENTS; PROVIDING A SEVERABILTY CLAUSE; AND PROVIDING AN
EFFECTIVE DATE.
6E. 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
APPROVED
Deputy Public Works Director Gordon Mayer presented item and was available to
answer questions.
Mayor Pro Tern Bledsoe 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 Pro
Tern Bledsoe closed the public hearing.
A motion was made to approve Ordinance No. 1035, to transfer ownership of property
and utility easements for the Trinity River Authority Kirkwood lift station and fore main to
the Trinity River Authority.
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Page 9 of 11
Motion:
Zito
Second:
Morris
Ayes:
Bledsoe, Morris, Muller, Schelling, Wang, Zito
Nays:
None
Absent:
Terrell
Approved:
6 -0
In accordance with Section 4.21 of the City Charter, the caption for this item is listed as
follows:
AN ORDINANCE TRANSFERRING OWNERSHIP OF PROPERTY AND UTILITY
EASEMENTS DESCRIBED IN THE ATTACHED EXHIBITS TO THE TRINITY RIVER
AUTHORITY OF TEXAS; AUTHORIZING THE MAYOR TO EXECUTE ASSIGNMENT
OF EASEMENTS AND RIGHTS -OF -WAY AND DEEDS RELEASING CITY'S
INTEREST OF THESE PROPERTIES AND EASEMENTS; PROVIDING A
SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE.
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:
9A. 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.
APPROVED
Director of Planning and Development Services Ken Baker presented item and was
available to answer questions.
Applicant representative Tom Stephens, 711 Dominion, was present to answer
questions from Council.
A motion was made to approve SV12 -008, sign variance to Sign Ordinance No. 704, as
amended, for Burger Shack located at 410 West Southlake Boulevard in Bicentennial
Retail Plaza; noting the applicant recommended and agreed that the letters for Burger
Shack will be white with blue edging.
Motion:
Morris
Second:
Muller
Ayes:
Bledsoe, Morris, Muller, Schelling, Wang, Zito
Nays:
None
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Absent: Terrell
Approved: 6 -0
9B. 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.
APPROVED
Council considered and approved this item with the consent agenda.
10. OTHER ITEMS FOR DISCUSSION: (THERE ARE NO ITEMS ON THIS
AGENDA.)
11. MEETING ADJOURNED.
Mayor Pro Tern Bledsoe adjourned the meeting at 8:38 p.m.
*An audio recording of this meeting will be permanently retained in the City Secretary's
Office.
Brandon Bledsoe
Mayor Pro Tern
ATTEST:
Alicia Richardson
City Secretary
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