2015-09-01CITY OF
SOUTHLAKE
TEXAS
REGULAR CITY COUNCIL MEETING SEPTEMBER 1.2015
LOCATION: 1400 Main Street, Southlake, Texas 76092
Council Chambers in Town Hail
WORK SESSION: 5:30 P.M.
1. Call to order
2. Invocation: David Boxerman
3. Local Business Report
4. Honors and Recognitions
A. Proclamation for Boy Scout Troop No. 168
5. Discuss all items on tonight's agenda. No action will be taken and each item will
be considered during the Regular Session.
REGULAR SESSION: Immediately following the work session
1. 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 12osted s„ubiect matter of
this City Council meeting.
1. Section 551.071: Consultation with city attorney
a. Seek advice of the city attorney regarding legal issues
pertaining to litigation.
b. Seek advice of the city attorney regarding formation and
operation of a board to oversee the newly formed Type A
sales tax district.
City of Southlake values:
Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork
City of Southlake
City Council meeting agenda
September 1, 2015
Page 2 of 9
2. Section 551.072: Deliberation regarding real property
a. Discuss right of way acquisition and process of potential
purchase or lease of real property for city facilities and
projects.
3. Section 551.087: Deliberation regarding economic
development negotiations
a. Discuss the terms and conditions of an economic
development incentives program - Project No. 2014-04.
B. Reconvene: Action necessary on items discussed in Executive Session.
3. REPORTS:
A. Mayor's Report
B. City Manager's Report
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 minutes from the August 18, 2015 regular City Council meeting.
B. Amend the Design Services Agreement with Barker Rinker Seacat
Architecture to complete design services for The Marq Southlake Phase 2
and to include design services for the Southlake Tennis Center
improvements for an amount not to exceed $2,700,000.
C. Ordinance No. 480-646b (ZA15-086) 1St Reading, Zoning Change and Site
Plan for Kimball Lakes Medical Offices Phase II on property described
Lots 1 and 2, Silver Ridge Addition Phase 11, and Lots 3 through 7 Silver
Ridge Addition Phase III, additions to the City of Southlake, Tarrant
County, Texas and located at 620 and 630 North Kimball Avenue and
2011 through 2141 East Kirkwood Boulevard, Southlake, Texas. Current
Zoning: "S -P-1" Detailed Site Plan District. Requested Zoning: "S -P-1"
Detailed Site Plan District. SPIN #4. (If approved, the public hearing will be
held September 15, 2015.)
City of Southlake values:
Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork
City of Southlake
City Council meeting agenda
September 1, 2015
Page 3 of 9
D. SV15-005, Sign Variance to the Sign Ordinance No. 704-G regulations for
Empire Rugs located at 1695 East Southlake Boulevard, Southlake,
Texas.
E. Ordinance No. 480-TTTT, 1St Reading, An amendment to the
Comprehensive Zoning Ordinance No. 480, as amended, as it pertains to
provisions to allow electric vehicle charging stations. (If approved, the
public hearing will be held September 15, 2095.)
F. Ordinance No. 704-H, 1" Reading, An amendment to the Sign Ordinance
No. 704, as amended, addressing upper story signage on multi -story
buildings. (If approved, the public hearing will be held September 15,
2015.)
G. Excuse the absences of Planning and Zoning Commissioner, Kate Smith.
H. Resolution No. 15-045, Annual review of investment policy and investment
strategies.
Tabled Items:
Resolution No. 15-028 (ZA15-034) Specific Use Permit for a
Telecommunications Tower, Antennas and Ancillary Buildings at 1604
Hart Street on property being described as Lot 4, Block A of the Hart
Industrial Park Addition, an addition to the City of Southlake, Tarrant
County, Texas located at 1604 Hart Street, Southlake, Texas. Current
Zoning: °I-1" Light Industrial District. SPIN #8. PUBLIC HEARING (At the
applicant's request, this item has been tabled to the September 15, 2015
City Council meeting.)
J. Ordinance No. 480-481B (ZA15-062), 2"d Reading, Zoning Change and
Site Plan for Bicentennial Retail Plaza on property described as Lot 13,
Littleberry G. Hall No. 686 Addition, an addition to the City of Southlake,
Tarrant County, Texas, and located at 410 West Southlake Boulevard,
Southlake, Texas. Current Zoning: "S -P-1" Detailed Site Plan Zoning
District. Requested Zoning: "S -P-1" Detailed Site Plan Zoning District.
SPIN #7. PUBLIC HEARING (At the applicant's request, this item has
been tabled to the September 15, 2015 City Council meeting.)
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
City of Southlake values:
Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork
City of Southlake
City Council meeting agenda
September 1, 2015
Page 4 of 9
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. Ordinance No. 480-699 (ZA15-065), 2nd Reading, Zoning Change and Site
Plan for Falcon Holdings of Southlake on property described as Tract
4C2A, Absolom H. Chivers Survey, Abstract No. 299, City of Southlake,
Tarrant County, Texas, and located at 500 East State Highway 114,
Southlake, Texas. Current Zoning: "AG" Agricultural District. Proposed
Zoning: "S -P-1" Detailed Site Plan District. SPIN #3. PUBLIC HEARING
B. ZA15-066, Preliminary Plat for Lot 1, Block 1, Falcon Holdings of
Southlake on property described as Tract 4C2A, Absolom H. Chivers
Survey, Abstract No. 299, City of Southlake, Tarrant County, Texas, and
located at 500 East State Highway 114, Southlake, Texas. Current
Zoning: "AG" Agricultural District. SPIN #3.
C. Ordinance No. 1123 (CP15-001), 2nd Reading, Land Use Plan
Amendment from Low Density Residential to Office Commercial on
property described as Lot 10A, Brock Addition, an addition to the City of
Southlake, Tarrant County, Texas, and located at 2419 West Southlake
Boulevard, Southlake, Texas. Current Zoning: "AG" Agricultural District.
Proposed Zoning: "S -P-1" Detailed Site Plan District. SPIN #11. PUBLIC
HEARING
D. Ordinance No. 480.700 (ZA15-067), 2nd Reading, Zoning Change and Site
Plan for Hidden North Offices on property described as Lot 10A, Brock
Addition, an addition to the City of Southlake, Tarrant County, Texas, and
located at 2419 West Southlake Boulevard, Southlake, Texas. Current
Zoning: "AG" Agricultural District. Proposed Zoning: "S -P-1" Detailed Site
Plan District. SPIN #11. PUBLIC HEARING
E. Ordinance No. 480-701 (ZA15-070), 2nd Reading, Zoning Change and
Development Plan for Matthews Court on property described as portions
of Tracts 3D, 3D2 and 3, Obediah W. Knight Survey, Abstract No. 899,
City of Southlake, Tarrant County, Texas, and located at 851 and 841
East Southlake Boulevard and 650 South Carroll Avenue, Southlake,
Texas. Current Zoning: "AG" Agricultural District. Proposed Zoning: "R -
PUD" Residential Planned Unit Development. SPIN #9. PUBLIC
HEARING
City of Southlake values:
Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork
City of Southlake
City Council meeting agenda
September 1, 2015
Page 5 of 9
F. ZA15-071, Preliminary Plat for Matthews Court on property described as
portions of Tracts 3D, 3D2 and 3, Obediah W. Knight Survey, Abstract No.
899, City of Southlake, Tarrant County, Texas, and located at 851 and 841
East Southlake Boulevard and 650 South Carroll Avenue, Southlake,
Texas. Current Zoning: "AG" Agricultural District. SPIN #9.
G. Ordinance No. 480-624c (ZA15-058) 2"d Reading, Zoning Change and
Site Plan for Silver Ridge Assisted Living Phase II on property described
as Silver Ridge Addition, Phase I, Lot 1 and Silver Ridge Addition Phase
III, Lot 8, an addition to the City of Southlake, Tarrant County, Texas, and
located at 2001 and 2121 East Kirkwood Boulevard, Southlake, Texas.
Current Zoning: "S -P-1" Detailed Site Plan District. Proposed Zoning: "S-
P -1" Detailed Site Plan District. SPIN # 4. PUBLIC HEARING
H. Ordinance No. 480-605c (ZA15-063), 2"d Reading, Zoning Change and
Site Plan for Watermere Medical Plaza on property being described as Lot
1 R, Block 2, Watermere at Southlake Addition, an addition to the City of
Southlake, Tarrant County, Texas located at 2815 West Southlake
Boulevard, Southlake, Texas. Current Zoning: "S -P-1" Detailed Site Plan
District. Proposed Zoning: "S -P-1" Detailed Site Plan District. SPIN #11.
PUBLIC HEARING
ZA15-078, Site Plan for Miron Grove Business Park, Phase 2, on property
being described as Lot 4R1 Block 1 of the Miron Addition, an addition to
the City of Southlake, Tarrant County, Texas and located at 300 Miron
Drive, Southlake, Tarrant County, Texas on 2.68 acres. Current Zoning:
"S -P-2" Generalized Site Plan District. SPIN #8. PUBLIC HEARING
J. ZA15-087, Site Plan for Solana on property described as Lot 1, Block B,
MTP -IBM Addition No. 1, an addition to the City of Southlake, Tarrant
County, Texas and located at 1 East Kirkwood Boulevard, Southlake,
Texas. Current Zoning: "NR -PUD" Non -Residential Planned Unit
Development District. SPIN #1. PUBLIC HEARING
K. MSP -003, Master Sign Plan for Solana located at 1 East Kirkwood
Boulevard, Southlake, Texas.
L. Ordinance No. 480 -SSSS, 2"d Reading, An amendment to the City's
Zoning Ordinance No. 480, as amended, to set the maximum permitted
floor area of a single tenant space located in the "C-3" General
Commercial District (Section 22) at 60,000 square feet and add language
to the Specific Use Permits section (Section 45) that allows for application
of a Specific Use Permit in order to exceed 60,000 square feet. PUBLIC
HEARING
City of Southlake values:
Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork
City of Southlake
City Council meeting agenda
September 1, 2015
Page 6 of 9
M. Ordinance No. 483-P, 2nd Reading, An amendment to the City's
Subdivision Ordinance No. 483, as amended, to allow the platting of
certain tracts of land within agricultural or single family residential districts
regardless of tract size, and to amend the appeal process for plats
approved by City staff. PUBLIC HEARING
N. Ordinance No. 1124, 2nd Reading, Adopt ordinance to abandon 20 -foot
permanent public access easement as recorded in Volume 388-197, Page
40 of Plat Records of Tarrant County and more particularly described as
Lot 7, Block A of North Davis Business. Park. PUBLIC HEARING
O. Approval of amended Fiscal Year 2015 Southlake Crime Control and
Prevention District Operating Budget and adoption of Fiscal Year 2016
Operating Budget and Multi-year capital improvement. PUBLIC HEARING
P. Consider proposal to adopt a tax increase. PUBLIC HEARING
Q. Ordinance No. 1125, 1St Reading, Approving and adopting the Annual
Budget for Fiscal Year 2016 and approving the revised budget figures for
Fiscal Year 2015 and Multi-year capital improvement. (if approved, the
public hearing will be held on September 15, 2095.)
R. Ordinance No. 1126, 1" Reading, Tax Levy Ordinance. (If approved, the
public hearing will be held on September 15, 2095.)
7. Ordinances, first readings, and related items:
A. Ordinance No. 480-693 (ZA15-014) 1St Reading, Zoning Change and
Concept Plan for 1860 Sunshine Lane on property described as 3A1 F5,
Frances Throop Survey, Abstract No. 1511, City of Southlake, Tarrant
County, Texas and located at 1860 Sunshine Lane, Southlake, Texas.
Current Zoning: "SF -1A" Single Family Residential District. Proposed
Zoning: "SF -20A" Single Family Residential District. SPIN #4. (If
approved, the public hearing will be held September 15, 2095.)
B. Ordinance No. 480-702 (ZA15-074) 18t Reading, Zoning Change and
Concept Plan Lot 19, 20 and 21, H. Granberry No. 581 Addition on
property described as Tract 5B, H. Granberry Survey, Abstract No. 581
and Lot 6, H. Granberry No. 581 Addition, an addition to the City of
Southlake, Tarrant County, Texas and located at 859 and 911 South
White Chapel Boulevard, Southlake, Texas. Current Zoning: "AG"
Agricultural District and "RE" Single Family Residential Estate District.
Requested Zoning: "SF -2" Single Family Residential District and "RE"
Single Family Residential Estate District. SPIN #9. (If approved, the public
hearing will be held September 15, 2015.)
City of Southlake values:
Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork
City of Southlake
City Council meeting agenda
September 1, 2015
Page 7 of 9
8. Resolutions: (There are no items on this agenda.)
9. Other items for consideration:
A. ZA15-079, Preliminary Plat for Shady Lane on property described as
Tracts 5C1, 5E1, 5E and 5D2C, Samuel Freeman Survey, Abstract No.
525, City of Southlake, Tarrant County, Texas and located at 853, 909,
1001 and 1015 Shady Lane, Southlake, Texas. Current Zoning: "S1F-1A"
Single Family Residential District. SPIN #4.
10. Other items for discussion: (There are no items on this agenda.)
11. Meeting adjourned.
CERTIFICATE
hereby certify that the above agenda was posted on the official bulletin boards at Town
Hall, 1400 Main Street, Southlake, Texas, on Friday, August 28, 2015 by 6:00 p.m.,
pursuant to the Texas Govgrlament Code, Chapter 551.
Y .�•,GJO r°rrarrebr ���i
w
Lori Payne, TMC
City SecretaP7
If you plan to attend this piWig, J, rRTand 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
September 1, 2015
Page 8 of 9
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. Pending Public Information Act requests.
2. Texas Attorney General litigation defending the constitutionality of the Texas
Open Meetings Act.
3. Legal issues regarding the Barnett Shale gas extraction and transportation.
4. Legal issues related to property located at 3100, 3110, and 3112 East Southlake
Boulevard.
5. City of Southlake v. Ashwin J. Babaria, et al; Cause No. 2011-006149-3; eminent
domain action regarding property located at 1470 North Kimball Avenue,
Southlake, Texas.
6. James H. Watson v. City of Allen, et.al.; Civil Action No. 4:15 -CV -00335-A.
7. M.K. Painting, Inc. v. City of Southlake, Texas.
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 regardinq 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
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.
City of Southlake values:
Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork
City of Southlake
City Council meeting agenda
September 1, 2015
Page 9 of 9
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 eme[gengy emergencymanagement plans
regarding i eline 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