Item 4ACITY OF
SOUTHLAKE
TEXAS
REGULAR CITY COUNCIL MEETING MINUTES: JUNE 18, 2013
LOCATION: 1400 Main Street, Southlake, Texas 76092
City Council Chambers
CITY COUNCIL PRESENT: Mayor John Terrell, Mayor Pro Tern Brandon Bledsoe,
Deputy Mayor Pro Tern Pamela Muller and Councilmembers Laura Hill, Carolyn Morris,
Martin Schelling and Randy Williamson.
CITY COUNCIL ABSENT:
STAFF PRESENT: City Manager Shana Yelverton, Assistant City Manager Ben
Thatcher, Assistant City Manager Alison Ortowski, Communication and Website
Manager Pilar Schank, Director of Community Services Chris Tribble, Deputy Director
of Community Services Candice Edmondson, Deputy Director of Community Services
Kari Happold, Chief Financial Officer Sharen Jackson, Fire Chief Mike Starr, Director of
Human Resources Stacey Black, Senior Director of Planning and Development
Services Ken Baker, Planner I Lorrie Fletcher, Director of Public Works Bob Price, City
Attorney E. Allen Taylor and City Secretary Alicia Richardson.
WORK SESSION:
1. CALL TO ORDER
The Work Session was called to order by Mayor Terrell at 5:32 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
Assistant City Manager Alison Ortowski introduced Ron Peddicord with Duff's Famous
Wings. Mr. Peddicord provided a description of the services provided, hours of
operation, and location of business.
Mayor Terrell announced that Council would move to the Mayor's Report.
3A. MAYOR'S REPORT
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Page 1 of 19
3A1. Recognition of Azka A Rafique —
Mayor Terrell and Council recognized the efforts of Azka A. Rafique and friends for their
fundraising efforts. The fundraiser called Pennies for Life raised $1,000 to assist the
families of Moore, Oklahoma. Miss Rafique presented the donation to American Red
Cross representative Micaela Rosinski.
3A2. Recognition of Carroll Theatre Department —
Mayor Terrell recognized and presented a proclamation to the Carroll Theatre
Department for receiving top honors of their performance Legally Blonde the Musical.
The Carroll Theatre Department was honored with 15 nominations for the Schmidt and
Jones Awards. Carroll Theatre took top honors for best musical, best orchestra, best
actor in a supporting role and best male ensemble performer.
3A3. Baylor Medical Tower Update, Steve Newton —
President Steve Newton provided Council with an update on the new tower at Baylor
Medical.
3A4. Proclamation — National Parks and Recreation Month —
Mayor Terrell recognized and presented a proclamation to the Southlake Parks
Department designating the month of July as National Parks and Recreation Month.
4. 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.
REGULAR SESSION:
1. CALL TO ORDER
The Regular Session of the City Council was called to order by Mayor Terrell at 6.14
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
and Section 551.072, deliberation regarding real property. City Council adjourned for
Executive Session at 6.14 p.m. Executive Session began at 6.35 p.m. and concluded at
7.13 p.m.
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Page 2 of 19
2B. RECONVENE
Mayor Terrell reconvened the meeting at 7.22 p.m. Mayor Terrell announced there was
no action necessary as the result of Executive Session.
3A. MAYOR'S REPORT
The presentations were conducted earlier in the evening. Mayor Terrell announced the
upcoming meetings and events.
3B. CITY MANAGER'S REPORT
City Manager Shana Yelverton announced that the May monthly financial report was
provided to Council this evening.
3131. Legislative Update — End of Session Report, 83rd Legislative Session
Ms. Yelverton introduced Mr. Snapper Carr and Mr. Brandon Aghamalian of Focused
Advocacy. Mr. Carr and Mr. Aghamalian provided Council with an overview of the 83rd
Legislative Session.
REGULAR AGENDA:
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. ITEM REMOVED FROM CONSENT AGENDA.
This item was removed from the consent agenda and voted on separately.
4B. THIS ITEM INTENTIONALLY LEFT BLANK.
4C. APPROVE ANNUAL CONTRACT RENEWAL FOR LEWIS CONCRETE
RESTORATION FOR MANHOLE AND WET WELL REHAB SERVICES IN AN
AMOUNT NOT TO EXCEED $250,000.
4D. APPROVE INTERLOCAL AGREEMENT WITH THE CITY OF KELLER FOR
THE FM1938 WATER AND SANITARY SEWER RELOCATION PROJECT.
4E. 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 2013.
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4F. SV13-013, VARIANCE TO THE SIGN ORDINANCE NO. 704-F REGULATIONS
FOR LAND SIGN/EXISTING BUILDING LEASE SIGN FOR FOREST PARK
MEDICAL OFFICE BUILDING LOCATED AT 451 EAST STATE HIGHWAY
114.
4G. APPROVE RESIDENTIAL DEVELOPER AGREEMENT WITH TERRA LAND
MANAGEMENT COMPANY, INC. FOR SHADY OAKS 2G.
4H. APPROVE AMENDMENT TO AGREEMENT WITH THE RPGA FOR DESIGN
SERVICES FOR DPS NORTH FACILITY IN THE AMOUNT OF $711,700.
41. APPROVE TELECOM EXPENSES PURSUANT TO STATE CONTRACT (DIR-
SDD-604) WITH VERIZON SERVICES IN THE AMOUNT OF $124,000.
4J. APPROVE TELECOM AND INTERNET EXPENSES WITH ONE SOURCE
COMMUNICATIONS IN THE AMOUNT OF $60,000.
4K. APPROVE COPIER SERVICE EXPENSES WITH TOSHIBA IN THE AMOUNT
OF $71,000.
4L. ORDINANCE NO. 480-642, (ZA13-055), 1ST READING, ZONING CHANGE
AND CONCEPT PLAN FOR LOTS 5 & 6, J. CHILDRESS NO. 253 ADDITION
ON PROPERTY BEING DESCRIBED AS TRACT 1C & 1E, J. CHILDRESS
SURVEY, ABSTRACT NO. 253, SOUTHLAKE, TARRANT COUNTY, TEXAS
AND LOCATED AT 1375 AND 1395 RANDOL MILL AVENUE, SOUTHLAKE,
TEXAS. THE CURRENT ZONING IS "AG" AGRICULTURE DISTRICT. THE
REQUESTED ZONING IS "SF-1A" SINGLE FAMILY RESIDENTIAL DISTRICT.
SPIN #5. (IF APPROVED, THE PUBLIC HEARING WILL BE HELD ON
AUGUST 6, 2013.)
4M. CONSIDER SV13-009, VARIANCE TO SIGN ORDINANCE NO. 704-F
REGULATIONS FOR PHARMACY PLUS LOCATED AT 721 EAST
SOUTHLAKE BOULEVARD, SUITE 180.
4N. APPROVE AMENDMENT TO AGREEMENT WITH LEE LEWIS
CONSTRUCTION, INC. FOR CONSTRUCTION MANAGER AT RISK
SERVICES FOR INSTALLATION OF A FUEL TANK, INSTALLATION OF
FIRING RANGE RIFLE BAFFLES, CONSTRUCTION OF A DATA RECOVERY
ROOM, AND ADDITIONAL AUDIO/VISUAL EQUIPMENT FOR THE DPS
NORTH TRAINING FACILITY PROJECT IN THE AMOUNT OF $290,933.
APPROVED
Item 4A was removed from the consent agenda to be voted on separately.
A motion was made to approve the remaining items on the consent agenda as
presented.
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Page 4 of 19
Motion:
Bledsoe
Second:
Muller
Ayes:
Bledsoe, Hill, Morris, Muller, Schelling, Terrell, Williamson
Approved:
7-0
4A. APPROVE MINUTES FROM THE JUNE 4, 2013 REGULAR CITY COUNCIL
MEETING.
A motion was made to approve item 4A.
Motion:
Bledsoe
Second:
Muller
Ayes:
Bledsoe, Hill, Morris, Muller, Schelling
Abstain:
Terrell, Williamson
Approved:
5-0-2
5. PUBLIC FORUM
No speakers.
6. ORDINANCES, SECOND READINGS, PUBLIC HEARINGS, AND RELATED
ITEMS:
6A. ORDINANCE NO. 1065, (CP13-001), 2ND READING, LAND USE PLAN
AMENDMENT FROM OFFICE COMMERCIAL TO MIXED USE ON PROPERTY
DESCRIBED AS LOT 1 R, BLOCK 1, MEDICAL VILLAS AT TUSCAN CREEK,
AN ADDITION TO THE CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS
AND LOCATED AT 321 WEST SOUTHLAKE BOULEVARD, SOUTHLAKE,
TEXAS. THE CURRENT ZONING IS "0-1" OFFICE DISTRICT. THE
PROPOSED ZONING IS "S-P-1" DETAILED SITE PLAN DISTRICT. SPIN #10.
PUBLIC HEARING
APPROVED
Planner I Lorrie Fletcher presented items 6A and 6B and was available to answer
questions from Council.
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.
A motion was made to approve Ordinance No. 1065, land use plan amendment, from
office commercial to mixed use for the property described as Lot 1 R, Block 1, Medical
Villas as Tuscan Creek.
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Page 5 of 19
Motion:
Bledsoe
Second:
Muller
Ayes:
Bledsoe, Hill, Morris, Muller, Schelling, Terrell, Williamson
Approved:
7-0
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 NO. 480-638, (ZA13-019), 2ND READING, ZONING CHANGE
AND SITE PLAN FOR CAPELLI OFFICES & SUITES ON PROPERTY
DESCRIBED AS LOT 1 R, BLOCK 1, MEDICAL VILLAS AT TUSCAN CREEK,
AN ADDITION TO THE CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS
AND LOCATED AT 321 WEST SOUTHLAKE BOULEVARD, SOUTHLAKE,
TEXAS. THE CURRENT ZONING IS "0-1" OFFICE DISTRICT. THE
PROPOSED ZONING IS "S-P-1" DETAILED SITE PLAN DISTRICT WITH "0-
1" OFFICE DISTRICT USES LIMITED "C-1" NEIGHBORHOOD COMMERCIAL
DISTRICT USES. SPIN #10. 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.
A motion was made to approve Ordinance No. 480-638, zoning change and site plan for
Capelli Office pursuant to the following: site plan review summary No. 3, dated May 3,
2013; compliance with the City of Southlake's Sign Ordinance; the first building would
be considered as a single business in use for that building and comply with the City's
Sign Ordinance; applicant indicated on southern border that landscaping will be
evergreen shrubs and trees; and noting that Cathedral Live Oaks will be planted along
FM 1709 frontage in lieu of Live Oaks.
Motion:
Bledsoe
Second:
Muller
Ayes:
Bledsoe, Hill, Morris, Muller, Schelling, Terrell, Williamson
Approved:
7-0
In accordance with Section 4.21 of the City Charter, the caption for this item is listed as
follows:
REGULAR CITY COUNCIL MEETING MINUTES, June 18, 2013
Page 6 of 19
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 LOT 1 R,
BLOCK 1, MEDICAL VILLAS AT TUSCAN CREEK, CITY OF SOUTHLAKE, TARRANT
COUNTY, TEXAS BEING APPROXIMATELY 2.0 ACRES AND MORE FULLY AND
COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "0-1" OFFICE DISTRICT TO "S-P-
1" DETAILED SITE PLAN DISTRICT, AS DEPICTED ON THE APPROVED SITE PLAN
AND DISTRICT REGULATIONS 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.
6C. RESOLUTION NO. 13-026 (ZA13-006), SPECIFIC USE PERMIT FOR
OUTDOOR SALES OR SERVICES FOR TROPICAL SNO-CONE STAND ON
PROPERTY BEING DESCRIBED AS LOT 34, F. THROOP NO. 1511
ADDITION, CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS AND
LOCATED AT 2199 EAST DOVE ROAD, SOUTHLAKE, TEXAS. THE
CURRENT ZONING IS "C-1" NEIGHBORHOOD COMMERCIAL ZONING
DISTRICT. SPIN #4. PUBLIC HEARING
APPROVED
Senior Director of Planning and Development Services Ken Baker presented item and
was available to answer questions from Council.
Applicant Jeff Day, 2861 Autumn Drive, Hurst, Texas was available to answer 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 in support of the request Michael Smith, 3804 Lakeway Drive,
Grapevine and Amy Stewart (address not given).
There being no one else wishing to speak, Mayor Terrell closed the public hearing.
A motion was made to approve Resolution No 13-026, specific use permit for outdoor
sales or services for Tropical Sno pursuant to applicant complying with the City of
REGULAR CITY COUNCIL MEETING MINUTES, June 18, 2013
Page 7 of 19
Southlake's accessibility and safety codes in addition to compliance with Tarrant
County.
Motion:
Bledsoe
Second:
Muller
Ayes:
Bledsoe, Hill, Morris, Muller, Schelling, Terrell, Williamson
Approved:
7-0
6D. RESOLUTION NO. 13-028 (ZA13-059), SPECIFIC USE PERMIT FOR A
TEMPORARY CONSTRUCTION TRAILER FOR K. HOVNANIAN HOMES ON
PROPERTY BEING DESCRIBED AS LOT 1, BLOCK 17, CARILLON PHASE
2A-2, AN ADDITION TO THE CITY OF SOUTHLAKE, TARRANT COUNTY,
TEXAS AND LOCATED AT 1601 RIVIERA LANE, SOUTHLAKE TEXAS. THE
CURRENT ZONING IS "ECZ" EMPLOYMENT CENTER ZONING DISTRICT.
SPIN #3. PUBLIC HEARING
OPPPOVFn
Planner I Lorrie Fletcher presented item and was available to answer questions from
Council.
Applicant representative Shane Summers was available to answer questions from
Council.
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.
A motion was made to approve Resolution No. 13-028, specific use permit for a
temporary construction trailer for K. Hovnanian Homes with said permit to expire two
years from permit issuance; applicant will provide for 8-foot evergreen shrubs (6-feet at
planting) along the southern border of the sales and construction trailer along State
Highway 114 and to provide additional trees and shrubs in addition to the standard City
of Southlake requirement.
Motion:
Bledsoe
Second:
Muller
Ayes:
Bledsoe, Hill, Morris, Muller, Schelling, Terrell, Williamson
Approved:
7-0
6E. ORDINANCE NO. 480-640, (ZA13-056), 2ND READING, ZONING CHANGE
AND SITE PLAN FOR THE TRA LIFT STATION REHABILITATION ON
PROPERTY BEING DESCRIBED AS TRACTS 4A1A, 4131 AND 4132, R. PRICE
SURVEY, ABSTRACT NO. 1207, CITY OF SOUTHLAKE, TARRANT COUNTY,
TEXAS LOCATED AT 3200 NORTH WHITE CHAPEL BOULEVARD,
SOUTHLAKE, TEXAS. THE CURRENT ZONING IS "R-PUD" RESIDENTIAL
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Page 8 of 19
PLANNED UNIT DEVELOPMENT. THE REQUESTED ZONING IS "S-P-1"
DETAILED SITE PLAN. SPIN #1. PUBLIC HEARING
APPROVED
Council did not require a presentation for this item.
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.
A motion was made to approve Ordinance No. 480-640, zoning change and site plan for
the TRA lift station rehabilitation on property being described as Tracts 4A1A, 4131 and
4132 in R. Price Survey pursuant to site plan review summary No. 2, dated May 23, 2013
and including the variance to the Landscaping Ordinance.
Motion:
Bledsoe
Second:
Muller
Ayes:
Bledsoe, Hill, Morris, Muller, Schelling, Terrell, Williamson
Approved:
7-0
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 LEGALLY DESCRIBED AS
TRACTS 4A1A, 4131 AND 4132, R. PRICE SURVEY, ABSTRACT NO. 1207, CITY OF
SOUTHLAKE, TARRANT COUNTY, TEXAS, BEING APPROXIMATELY 0.3 ACRES,
AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "R-PUD"
RESIDENTIAL PLANNED UNIT DEVELOPMENT DISTRICT TO "S-P-1" DETAILED
SITE PLAN DISTRICT WITH "CS" COMMUNITY SERVICE DISTRICT USES AND
REGULATIONS AMENDED TO ALLOW FOR IMPROVEMENTS TO THE EXISTING
TRA LIFT STATION 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
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.
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Page 9 of 19
6F. ORDINANCE NO. 480-639, (ZA13-038), 2ND READING, ZONING CHANGE
AND DEVELOPMENT PLAN FOR 1700 SHADY OAKS DRIVE ON PROPERTY
BEING DESCRIBED AS TRACT 2D, T.M. HOOD SURVEY, ABSTRACT NO.
706, CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS , LOCATED AT
1700 SHADY OAKS DRIVE, SOUTHLAKE, TEXAS. THE CURRENT ZONING
IS "AG" AGRICULTURE DISTRICT. THE REQUESTED ZONING IS "R-PUD"
RESIDENTIAL PLANNED UNIT DEVELOPMENT. SPIN #5. PUBLIC HEARING
APPROVED
Council did not require a presentation for this item.
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.
A motion was made to approve Ordinance No. 480-639, zoning change and
development plan for 1700 Shady Oaks Drive pursuant to the following: development
plan review summary No. 2, dated May 16, 2013; and noting the following exceptions—
(1) allowing accessory structure to remain which is shown to be forward of the principal
residence as noted in the zoning document and exhibits and attachment "C", (2)
allowing accessory Building C noted in the zoning document and exhibits and
attachment "C" to be used as an accessory family servants living quarters.
Second:
Muller
Ayes:
Bledsoe, Hill, Morris, Muller, Schelling, Terrell, Williamson
Approved:
7-0
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 LEGALLY DESCRIBED AS
TRACT 2D, T.M. HOOD SURVEY, ABSTRACT NO. 706, SOUTHLAKE, TARRANT
COUNTY, TEXAS, BEING APPROXIMATELY 4.8 ACRES, AND MORE FULLY AND
COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "AG" AGRICULTURAL DISTRICT
TO "R-PUD" RESIDENTIAL PLANNED UNIT DEVELOPMENT DISTRICT, AS
DEPICTED ON THE APPROVED DEVELOPMENT 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
REGULAR CITY COUNCIL MEETING MINUTES, June 18, 2013
Page 10 of 19
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.
Mayor Terrell advised Council they would take item 6H prior to 6G.
6H. ORDINANCE NO. 480-0000, 2ND READING, AN AMENDMENT TO THE
COMPREHENSIVE ZONING ORDINANCE NO. 480, AS AMENDED, ADDING
VARIANCE PROVISIONS TO SECTION 37 — "DT" DOWNTOWN DISTRICT.
PUBLIC HEARING
APPROVED
Senior Director of Planning and Development Services Ken Baker presented item and
was available to answer questions from Council.
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.
A motion was made to approve Ordinance No. 480-0000, an amendment to the
Comprehensive Zoning Ordinance No. 480, as amended, adding variance provisions to
Section 37 — "DT" Downtown District.
Motion:
Bledsoe
Second:
Muller
Ayes:
Bledsoe, Hill, Morris, Muller, Schelling, Terrell, Williamson
Approved:
7-0
In accordance with Section 4.21 of the City Charter, the caption for this item is listed
follows:
AN ORDINANCE AMENDING ORDINANCE NO. 480, AS AMENDED, THE
COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF SOUTHLAKE, TEXAS;
BY ADDING VARIANCE PROVISIONS TO SECTION 37 — "DT" — DOWNTOWN
DISTRICT; 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 PAMPHLET FORM; PROVIDING FOR
PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE
DATE.
6G. ZA13-049, SITE PLAN FOR DEL FRISCO'S GRILLE ON PROPERTY BEING
DESCRIBED AS LOT 3, BLOCK 1R, SOUTHLAKE TOWN SQUARE
ADDITION, CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS AND
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Page 11 of 19
LOCATED AT 140 STATE STREET, SOUTHLAKE, TEXAS. THE CURRENT
ZONING IS "DT" DOWNTOWN DISTRICT. SPIN #8. PUBLIC HEARING
APPROVED
Senior Director of Planning and Development Services Ken Baker presented item and
was available to answer questions from Council.
Applicant representative Frank Bliss responded to questions from Council.
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.
A motion was made to approve ZA 13-049, site plan for Del Frisco's Grille pursuant to
site plan review summary No. 2, dated June 12, 2013 and noting approval of the
following exceptions and with condition—(1) impervious outdoor patio area and
associated structures to be located with the 32-foot setback area long South Carroll
Avenue as shown on the proposed site plan; (2) impervious parking spaces to be
located within 32-foot setback area long South Carroll Avenue as shown on the
proposed site plan and (3) outdoor patio to encroach up to eight feet into the required
20-foot bufferyard as shown on the proposed site plan. The foregoing variances are
subject to a masonry buffer wall to be appropriately engineered and to provide safety for
the restaurant patrons from unintended vehicular intrusions, which is subject to the
reasonableness of staff's review.
Motion:
Bledsoe
Second:
Muller
Ayes:
Bledsoe, Hill, Morris, Muller, Schelling, Terrell, Williamson
Approved:
7-0
6H. ORDINANCE NO. 480-0000, 2ND READING, AN AMENDMENT TO THE
COMPREHENSIVE ZONING ORDINANCE NO. 480, AS AMENDED, ADDING
VARIANCE PROVISIONS TO SECTION 37 — "DT" DOWNTOWN DISTRICT.
PUBLIC HEARING
APPROVED
This item was considered earlier in the meeting.
61. ORDINANCE NO. 480-353A (ZA13-047), 2ND READING, ZONING CHANGE
AND CONCEPT/SITE PLAN FOR LOTS 16 THROUGH 19, O.W. KNIGHT NO.
899 ADDITION, AN ADDITION TO THE CITY OF SOUTHLAKE, TARRANT
COUNTY, TEXAS AND BEING LOCATED AT 315, 325, 415 AND 425 EAST
SOUTHLAKE BOULEVARD, SOUTHLAKE, TEXAS. CURRENT ZONING: "S-
P-2" GENERALIZED SITE PLAN DISTRICT WITH "0-1" OFFICE DISTRICT
USES. PROPOSED ZONING: "S-P-2" GENERALIZED SITE PLAN DISTRICT
WITH "0-1" OFFICE DISTRICT USES AND LIMITED "C-3" GENERAL
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Page 12 of 19
COMMERCIAL DISTRICT USES ON LOT 18. O.W. KNIGHT NO. 899
ADDITION, LOCATED AT 415 EAST SOUTHLAKE BOULEVARD, TO
INCLUDE AN AMBULATORY SURGERY CENTER USE. SPIN #10. PUBLIC
HEARING
APPROVED
Council did not require a presentation for this item.
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.
A motion was made to approve Ordinance No. 480-353A, zoning change and concept
plan for Lots 16 through 19 in the City of Southlake, Texas as noted and pursuant to the
staff report dated June 12, 2013.
Motion:
Bledsoe
Second:
Muller
Ayes:
Bledsoe, Hill, Morris, Muller, Schelling, Terrell, Williamson
Approved:
7-0
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 LEGALLY DESCRIBED AS LOTS
16 -19, O. W. KNIGHT NO. 899 ADDITION, AND BEING APPROXIMATLEY4.042
ACRES, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM
"S-P-2" GENERALIZED SITE PLAN DISTRICT WITH "0-1" OFFICE DISTRICT USES
TO "S-P-2" GENERALIZED SITE PLAN DISTRICT WITH "0-1" OFFICE DISTRICT
USES AND LIMITED "C-3" GENERAL COMMERCIAL DISTRICT USES LIMITED TO
AN AMBULATORY SURGERY CENTER USE ONLY ON LOT 18, LOCATED AT 415 E
SOUTHLAKE, BOULEVARD AS DEPICTED ON THE APPROVED CONCEPT PLAN
AND 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 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.
REGULAR CITY COUNCIL MEETING MINUTES, June 18, 2013
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6J. ORDINANCE NO. 733-C, 2ND READING, APPROVE A SPEED LIMIT
ORDINANCE, AMENDING SECTION 18-80 OF THE SOUTHLAKE CITY
CODE, REVISING THE ACTIVATION TIMES OF SCHOOL CROSSING
ZONES. PUBLIC HEARING
OPPPOVFn
Council did not require a presentation for this item.
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.
A motion was made to approve Ordinance No. 733-C, approving a speed limit
ordinance, amending Section 18-80 of the City of Southlake Code revising activation
times of school crossing zones.
Motion:
Bledsoe
Second:
Muller
Ayes:
Bledsoe, Hill, Morris, Muller, Schelling, Terrell, Williamson
Approved:
7-0
In accordance with Section 4.21 of the City Charter, the caption for this item is listed as
follows:
AN ORDINANCE AMENDING SECTION 18-80 OF THE SOUTHLAKE CITY CODE, AS
AMENDED BY REVISING THE DESIGNATED HOURS OF THE SCHOOL ZONE;
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.
6K. ORDINANCE NO. 1066, 2ND READING, APPROVING AND ADOPTING RATE
SCHEDULE "RRM-RATE REVIEW MECHANISM" FOR ATMOS ENERGY
CORPORATIONS, MID-TEX DIVISION TO BE IN FORCE IN THE CITY FOR A
PERIOD OF TIME AS SPECIFIED IN THE RATE SCHEDULE; ADOPTING A
SAVINGS CLAUSE; DETERMINING THAT THIS ORDINANCE WAS PASSED
IN ACCORDANCE WITH THE REQUIREMENTS OF THE TEXAS OPEN
MEETINGS ACT; DECLARING AN EFFECTIVE DATE; AND REQUIRING
DELIVERY OF THIS ORDINANCE TO THE COMPANY AND ACSC LEGAL
COUNSEL. PUBLIC HEARING
APPROVED
Council did not require a presentation for this item.
REGULAR CITY COUNCIL MEETING MINUTES, June 18, 2013
Page 14 of 19
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.
A motion was made to approve Ordinance No. 1066, approving and adopting a rate
schedule "RRM-Rate Review Mechanism" for Atmos Energy Corporations, Mid -Tex
Division to be in force in the City for a period of time as specified in the rate schedule.
Approval includes adopting a savings clause, determining that this ordinance was
passed in accordance with requirements of the Texas Open Meetings Act, declaring an
effective date and requiring delivery of this ordinance to the company and ACSC legal
counsel.
Second:
Muller
Ayes:
Bledsoe, Hill, Morris, Muller, Schelling, Terrell, Williamson
Approved:
7-0
In accordance with Section 4.21 of the City Charter, the caption for this item is listed as
follows:
AN ORDINANCE OF THE CITY OF SOUTHLAKE, TEXAS ("CITY") APPROVING AND
ADOPTING RATE SCHEDULE "RRM-RATE REVIEW MECHANISM" FOR ATMOS
ENERGY CORPORATION, MID-TEX DIVISION TO BE IN FORCE IN THE CITY FOR
A PERIOD OF TIME AS SPECIFIED IN THE RATE SCHEDULE; ADOPTING A
SAVINGS CLAUSE; DETERMINING THAT THIS ORDINANCE WAS PASSED IN
ACCORDANCE WITH THE REQUIREMENTS OF THE TEXAS OPEN MEETINGS
ACT; DECLARING AN EFFECTIVE DATE; AND REQUIRING DELIVERY OF THIS
ORDINANCE TO THE COMPANY AND ACSC LEGAL COUNSEL.
6L. RESOLUTION NO. 13-027 (ZA13-058), SPECIFIC USE PERMIT FOR A MASS
GATHERING EVENT FOR STARS AND STRIPES ON PROPERTY LOCATED
WITHIN SOUTHLAKE TOWN SQUARE AND BEING GENERALLY LOCATED
WITHIN THE AREA BETWEEN EAST SOUTHLAKE BOULEVARD. TO THE
SOUTH, STATE HIGHWAY 114 TO THE NORTH AND CARROLL AVENUE TO
THE WEST. THE CURRENT ZONING IS "DT" DOWNTOWN DISTRICT. THE
PURPOSE OF THIS REQUEST IS TO HOLD THE STARS AND STRIPES
EVENT AT SOUTHLAKE TOWN SQUARE ON WEDNESDAY, JULY 3, 2013
BETWEEN 6:00 P.M. - 11:00 P.M. AND INCLUDES THE FOLLOWING
ACTIVITIES: PATRIOTIC GAMES, CRAFTS AND ACTIVITIES,
INFLATABLES, STROLLING ENTERTAINMENT, LIVE MUSIC, PATRIOTIC
CEREMONY, FIREWORKS SHOW, CONCESSION VENDORS AND FOOD
TRUCKS. SPIN #8. PUBLIC HEARING
APPROVED
Council did not require a presentation for this item.
REGULAR CITY COUNCIL MEETING MINUTES, June 18, 2013
Page 15 of 19
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.
A motion was made to approve Resolution No. 13-02, specific use permit for a mass
gathering event for Stars and Stripes in perpetuity and pursuant to staff report dated
June 12, 2013.
Motion: Bledsoe
Second: Muller
Ayes: Bledsoe, Hill, Morris, Muller, Schelling, Terrell, Williamson
Approved: 7-0
6M. ORDINANCE NO. 1062, 2ND READING, ADOPTING THE CITY OF
SOUTHLAKE'S WATER IMPACT ANALYSIS ORDINANCE. PUBLIC
HEARING
APPROVED
Council did not require a presentation for this item.
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.
A motion was made to approve Ordinance No. 1062, adopting the City of Southlake's
Water Impact Analysis ordinance.
Motion:
Bledsoe
Second:
Muller
Ayes:
Bledsoe, Hill, Morris, Muller, Schelling, Terrell, Williamson
Approved:
7-0
In accordance with Section 4.21 of the City Charter, the caption for this item is listed as
follows:
AN ORDINANCE ESTABLISHING REQUIREMENTS FOR A WATER IMPACT
ANALYSIS FOR NEW DEVELOPMENT WITHIN THE CITY OF SOUTHLAKE;
PROVIDING FOR A PURPOSE; PROVIDING FOR DEFINITIONS; PROVIDING FOR
APPLICBILITY; PROVIDING FOR EXEMPTIONS; PROVIDING FOR REVIEW
PROCESS; PROVIDING FOR CUMULATIVE CLAUSE; PROVIDING A SEVERABILITY
CLAUSE; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER AND
ESTABLISHING AN EFFECTIVE DATE.
7. ORDINANCES, FIRST READINGS, AND RELATED ITEMS: (THERE ARE NO
ITEMS ON THIS AGENDA)
REGULAR CITY COUNCIL MEETING MINUTES, June 18, 2013
Page 16 of 19
EXECUTIVE SESSION
Mayor Terrell announced that City Council would be going into Executive Session
pursuant to the Texas Government Code, Section 551.074, deliberation regarding
personnel matters. City Council adjourned for Executive Session at 9:12 p.m. Executive
Session began at 9:13 p.m. and concluded at 9:46 p.m.
RECONVENE
Mayor Terrell reconvened the meeting at 9:47 p.m.
8. RESOLUTIONS:
8A. RESOLUTION NO. 13-029, APPOINT MEMBERS TO VARIOUS POSITIONS
ON THE BUILDING BOARD OF APPEALS, PARKS AND RECREATION
BOARD, PLANNING AND ZONING COMMISSION, SOUTHLAKE PARKS
DEVELOPMENT CORPORATION AND ZONING BOARD OF ADJUSTMENT
AND 2030 SUSTAINABILITY COMMITTEE.
APPROVED
A motion was made to approve Resolution No. 13-092 appointing the following
members:
BUILDING BOARD OF APPEALS
Name
Place
Term Expiring
Mike Smietana
Place 1
June 2015
Michael Waldman
Place 3
June 2015
Richard Sandow
Place 5
June 2015
Mike O'Dell
Alternate No. 2
June 2015
PARKS AND RECREATION BOARD
Name Place Term Expiring
Jeff Medici Place 1 June 2015
Tina Wasserman Place 2 June 2015
Frances Scharli Place 3 June 2015
PLANNING AND ZONING COMMISSION
Name
Place
Term Expiring
Robert Hudson
n/a
June 2015
Michael Springer
n/a
June 2015
Shawn McCaskill
n/a
June 2015
SOUTHLAKE PARKS DEVELOPMENT CORPORATION
Name
Place
Term Expiring
Sherry Berman
Citizen Representative
June 2015
Tamara McMillan
Citizen Representative
June 2015
REGULAR CITY COUNCIL MEETING MINUTES, June 18, 2013
Page 17 of 19
Carolyn Morris Council Representative June 2015
Randy Williamson Council Representative June 2015
Tina Wasserman Parks and Recreation June 2014 (fulfilling an
Board Representative unexpired term)
Council appointed Paul Venesky as Chairman and John Huffman as Vice Chairman to
the Zoning Board of Adjustment.
ZONING BOARD OF ADJUSTMENTS
Name
Place
Scott Dyche
Place 2
Kourosh Panahy
Place 3
Brad Cunningham
Place 5
Ron Evans
Alternate No. 1
Eric Ransom
Alternate No. 3
Mike Smietana
Alternate No. 4
2030 SUSTAINABILITY COMMITTEE
Name Place
Carolyn Morris Council Representative
Term Expiring
June 2015
June 2015
June 2015
June 2015
June 2015
June 2014 (fulfilling unexpired
term)
Term Expiring
n/a
Motion:
Bledsoe
Second:
Hill
Ayes:
Bledsoe, Hill, Morris, Muller, Schelling, Terrell, Williamson
Approved:
7-0
9. OTHER ITEMS FOR CONSIDERATION: (THERE ARE NO ITEMS ON THIS
AGENDA)
10. OTHER ITEMS FOR DISCUSSION: (THERE ARE NO ITEMS ON THIS
AGENDA)
11. MEETING ADJOURNED.
Mayor Terrell adjourned the meeting at 9:50 p.m.
*An audio recording of this meeting will be permanently retained in the City Secretary's
Office.
John C. Terrell
Mayor
REGULAR CITY COUNCIL MEETING MINUTES, June 18, 2013
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ATTEST:
Alicia Richardson, TRMC
City Secretary
REGULAR CITY COUNCIL MEETING MINUTES, June 18, 2013
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