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2012-06-19 CITY AS O F S REGULAR CITY COUNCIL MEETING MINUTES: June 19, 2012 LOCATION: 1400 Main Street, Southlake, Texas 76092 City Council Chambers CITY COUNCIL PRESENT: 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: 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 Tem Bledsoe at 5:33 p.m. 2. INVOCATION Mr. Zack Polyak with Southlake Baptist Church gave the invocation. Mayor Pro Tem 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 Page 1 of 11 4. ZONING ORDINANCE AMENDMENT - PROPOSED CHANGES TO ZONING ORDINANCE NO. 480, AS AMENDED TO ADDRESS BUILDING COLORSIARCHITECTURAL 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 Tem 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 Tem 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 REGULAR CITY COUNCIL MEETING MINUTES, June 19, 2012 Page 2 of 11 The Regular Session of the City Council was called to order by Mayor Pro Tem Bledsoe at 6:49 p.m. 2A. EXECUTIVE SESSION Mayor Pro Tem 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. 2B. RECONVENE Mayor Pro Tem 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 Tem 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 Tem Bledsoe read the Consent Agenda items into the record. 4A. APPROVE THE MINUTES FROM THE JUNE 5, 2012 CITY COUNCIL MEETING. 4B. APPROVE ANNUAL AGREEMENT FOR PROVIDING ODOR CONTROL TREATMENT AT LIFT STATIONS WITH PREMIER CHEMICAL, LLC IN THE AMOUNT OF $126,512. REGULAR CITY COUNCIL MEETING MINUTES, June 19, 2012 Page 3 of 11 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 1. 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 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. REGULAR CITY COUNCIL MEETING MINUTES, June 19, 2012 Page 4 of 11 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 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 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 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 REGULAR CITY COUNCIL MEETING MINUTES, June 19, 2012 Page 5 of 11 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 Tem 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 Tem 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 REGULAR CITY COUNCIL MEETING MINUTES, June 19, 2012 Page 6 of 11 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 Tem 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 Tem 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 Tem 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 Tem 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 REGULAR CITY COUNCIL MEETING MINUTES, June 19, 2012 Page 7 of 11 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 Tem 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 Tem 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 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 Tem Bledsoe opened the public hearing and asked for anyone wishing to speak on the item to come forward. REGULAR CITY COUNCIL MEETING MINUTES, June 19, 2012 Page 8 of 11 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 Tem 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 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 Tem 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 Tem 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. REGULAR CITY COUNCIL MEETING MINUTES, June 19, 2012 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 REGULAR CITY COUNCIL MEETING MINUTES, June 19, 2012 Page 10 of 11 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 Tem 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. al4() Brandon Bledsoe Mayor Pro Tem ATTEST: _ Q k �„ • • • .- Alicia Richardson ` 3? City Secretary / • REGULAR CITY COUNCIL MEETING MINUTES, June 19, 2012 Page 11 of 11