2016-06-07CITY OF
SOUTHLAKE
TEXAS
REGULAR CITY COUNCIL MEETING JUNE 7. 2016
LOCATION: 1400 Main Street, Southlake, Texas 76092
Council Chambers in Town Hall
WORK SESSION: 5:30 P.M.
1. Call to order
2. Invocation: Clayton Reed
3. Local Business Report
4. Honors and Recognitions
A. Proclamation for the American Heart Association
5. Discuss Ordinance No. 704-I, proposed amendments to the Sign Ordinance
6. 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
1.
a. Seek advice of the city attorney regarding Chapter 5, Article
V of the Southlake Code of Ordinances, Sexually Oriented
Businesses.
City of Southlake values:
Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork
City of Southlake
City Council meeting agenda
June 7, 2016
Page 2 of 10
b. Seek advice of the city attorney regarding the creation of
ordinances for Assistant Living Facilities and Boarding Home
Facilities.
C. Seek advice of the city attorney regarding appeals to the
Board of Adjustment and Tree Board concerning
interpretation of the Zoning Ordinance, as amended, and the
Tree Preservation Ordinance, as amended.
d. Seek advice of the city attorney regarding legal issues with
Dove Road infrastructure improvements.
2. Section 551.087: Deliberation regarding economic
development negotiations
a. Discuss the terms and conditions of an economic
development incentives program — Project No. 2016-02.
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 May 17, 2016 regular City Council meeting.
B. Approve an annual purchase agreement for providing odor control
treatment at lift stations with Premier Magnesia, LLC in the amount of
$138,000 for a 12 month period.
C. Reject the bid from Wilson Contractor Services for the construction of
sanitary sewer system improvements.
D. Approve Amendment Number 2 with Freese and Nichols, Inc. in the
amount of $6,700 for a second extension of the Interim City Engineer's
engineering consulting services contract.
City of Southlake values:
Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork
City of Southlake
City Council meeting agenda
June 7, 2016
Page 3 of 10
E. Approve a variance to the Subdivision Ordinance No. 483, Section 4.01 (1),
as amended, regarding plat expiration, requesting to extend the validity of
case ZA14-124, Plat Revision for Lot 1R, Block A, Ravenaux Village
Addition located on the southwest corner of North White Chapel Boulevard
and East State Highway 114. (If approved, the new expiration date will be
September 30, 2016.)
F. Approve Ordinance No. 1110-A, 1st Reading, Approve an ordinance
reauthorizing the Sign Board. (If approved, the public hearing will be held
on June 21, 2016.)
G. Approve an Interlocal Agreement for the provision of sanitary sewer
services connected to the N-1 sanitary sewer collector main in the Town of
Westlake.
H. This item was intentionally left blank.
I. This item was intentionally left blank.
J. Approve Resolution No. 16-028, Approving the resolution of the
Community Enhancement and Development Corporation authorizing the
issuance of the Community Enhancement and Development Corporation
Sales Tax Revenue Bonds, Series 2016.
K. Approve Resolution No. 16-027, Approving a negotiated settlement
between Atmos Cities Steering Committee ("ACSC") and Atmos Energy
Corp. Mid -Tex Division.
L. Approve SV16-006, Variance to the Sign Ordinance No. 704-H regulations
for Thailicious Southlake located at 355 North Carroll Avenue, Southlake,
Texas.
M. Approve an extension to the duration/time limitation for the temporary
signage located on the Methodist Southlake Hospital main building,
parking garage and entry monument located at 421 and 441 East State
Highway 114 (former Forest Park Medical Campus) (If approved, the
temporary signs will be permitted to remain until October 31, 2016.)
Tabled Items:
N. Ordinance No. 1154, (CP16-002), 2"d Reading, Land Use Plan
Amendment from Low Density Residential to Retail Commercial on
property described as Tracts 2G, 2H and a portion of 2M, F. Throop
Survey, No. 1511, City of Southlake, Tarrant County, Texas, and generally
located at 1480 North Kimball Avenue, Southlake, Texas. Current Zoning:
City of Southlake values:
Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork
City of Southlake
City Council meeting agenda
June 7, 2016
Page 4 of 10
"SF -1A" Single Family Residential District. Requested Zoning: Original
Request — "C-1" Neighborhood Commercial District. Amended Request -
"S -P-2" Generalized Site Plan District. SPIN #4. (The applicant has
requested that this item be tabled indefinitely. The item will be re -notified
and re -advertised prior to 2nd reading consideration.)
O. Ordinance No. 480-715, (ZA16-017), 2nd Reading, Zoning Change and
Concept Plan for Seven Oaks Plaza on property described as Tracts 2G,
2H, 2J1 and 2M, F. Throop Survey, No. 1511, City of Southlake, Tarrant
County, Texas, and generally located at 1480 North Kimball Avenue,
Southlake, Texas. Current Zoning: "C-1" Neighborhood Commercial
District and "SF -1A" Single Family Residential District. Requested Zoning:
Original Request — "C-1" Neighborhood Commercial District. Amended
Request - "S -P-2" Generalized Site Plan District. SPIN #4. (The applicant
has requested that this item be tabled indefinitely. The item will be re -
notified and re -advertised prior to 2nd Reading consideration.)
P. Resolution No. 16-012, (ZA16-020), Specific Use Permit for a Temporary
Sales Facility on property described as Lot 1 R, Block 20, Carillon Phase
1A, an addition to the City of Southlake, Tarrant County, Texas and
located at 1845 Riviera Lane, Southlake, Texas. Current Zoning: "ECZ"
Employment Center Zoning District. SPIN #3. PUBLIC HEARING (The
applicant has requested to table this item to the June 21, 2016 City
Council meeting.)
Q. Ordinance No. 480-564B, (ZA16-029), 151 Reading, Zoning Change and
Development Plan for Carillon Corporate District on property described as
Tracts 3B2 and 3B and a portion of Tract 3A1, Larkin H. Chivers Survey,
Abstract No. 300, City of Southlake, Tarrant County, Texas and located
between the 200 and 400 block of East State Highway 114, being
approximately 1,100 feet east of the northeast corner of East State
Highway 114 and North White Chapel Boulevard, Southlake, Texas.
Current Zoning: "ECZ" Employment Center Zoning District. Requested
Zoning: "ECZ" Employment Center Zoning District. SPIN #3. (The
applicant has requested to table this item to the August 2, 2016 City
Council meeting. If approved on August 2, 2016, the public hearing will be
held at the August 16, 2016 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
item presented. We respectfully ask that anyone stepping forward to speak
during Public Forum to please limit remarks to three minutes or less.)
City of Southlake values:
Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork
City of Southlake
City Council meeting agenda
June 7, 2016
Page 5 of 10
6. Ordinances, second readings, public hearings, and related items:
A. Resolution No. 16-022, (ZA16-037), Specific Use Permit for Temporary
Construction Facilities for TD Ameritrade on property described as Lot
1R1R1, Block 1, Sabre Group Campus Addition, an addition to the City of
Southlake, Tarrant County, Texas and located at 1051 West Kirkwood
Boulevard, Southlake, Texas. Current Zoning: '"NR -PUD" Non -Residential
Planned Unit Development District. SPIN #1. PUBLIC HEARING
B. Ordinance No. 1155, (CP16-003), 2nd Reading, Land Use Plan
Amendment from Medium Density Residential to Public / Semi -Public on
property described as Tract 5A04A, Samuel Freeman Survey, Abstract
No. 525, City of Southlake, Tarrant County, Texas, located at 549 North
Kimball Avenue, Southlake, Texas. Current Zoning: "AG" Agricultural
District. Requested Zoning: "CS" Community Service District. SPIN #4.
PUBLIC HEARING
C. Ordinance No. 480-716, (ZA16-015), 2"d Reading, Zoning Change and
Concept Plan / Site Plan for St. Laurence Church on property described
as Tract 5A04A, Samuel Freeman Survey, Abstract No. 525 and Lot 1R,
Block A, Saint Laurence Episcopal Church Addition, City of Southlake,
Tarrant County Texas, located at 549 and 517 North Kimball Avenue,
Southlake, Texas. Current Zoning: "AG" Agricultural District and "CS"
Community Service District. Requested Zoning: "CS" Community Service
District. SPIN #4. PUBLIC HEARING
D. ZA16-028, Plat Revision for St. Laurence Church on property described as
Tract 5A04A, Samuel Freeman Survey, Abstract No. 525 and Lot 1R,
Block A, Saint Laurence Episcopal Church Addition, City of Southlake,
Tarrant County Texas, located at 549 and 517 North Kimball Avenue,
Southlake, Texas. Current Zoning: "AG" Agricultural District and "CS"
Community Service District. SPIN #4.
E. ZA16-032, Site Plan for Manny's Tex Mex on property being described as
Lot 6, Block 2, Gateway Plaza Addition Phase II, an addition to the City of
Southlake, Tarrant County, Texas and located at 151 North Nolen Drive,
Southlake, Texas. Current Zoning: "S -P-2" Generalized Site Plan District.
SPIN #8. PUBLIC HEARING
F. Ordinance No. 480-711A, (ZA16-038), 2nd Reading, Zoning Change and
Site Plan for Tower Plaza on property described as Tract 3B, 3131, and
3D1, Obediah W. Knight Survey No. 899, City of Southlake, Tarrant
County, Texas, and specifically located at 821-835 East Southlake
Boulevard, Southlake, Texas. Current Zoning: "S -P-1" Detailed Site Plan
City of Southlake values:
Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork
City of Southlake
City Council meeting agenda
June 7, 2016
Page 6 of 10
District. Requested Zoning: "S -P-1" Detailed Site Plan District. SPIN #9.
PUBLIC HEARING
G. Ordinance No. 480-000U (formerly Ordinance No. 1139), 2nd Reading, an
amendment to the City of Southlake Comprehensive Zoning Ordinance
No. 480, as amended, to amend regulations pertaining to the 'RE', Single -
Family Residential Estate district to include regulations pertaining to
accessory structures; to change the designation 'RE', Single -Family
Residential Estate district to 'RE -5', Single -Family Residential Estate
district and to add a new zoning district 'RE -7', Single -Family Residential
Estate. PUBLIC HEARING
H. Ordinance No. 1156, 2"d Reading, Appointing the Judge of the Municipal
Court of Record and authorizing the Mayor to execute an agreement with
the Municipal Judge. PUBLIC HEARING
I. Approve a Professional Services Agreement with Municipal Court Judge
Carol Montgomery to establish the compensation, benefits and essential
functions of the Municipal Court Judge.
7. Ordinances, first readings, and related items:
A. Ordinance No. 480-535A, (ZA16-008), 1St Reading, Zoning Change and
Site Plan for KLA School on property described as Lot 13R, O.W. Knight
No. 899, an addition to the City of Southlake, Tarrant County, Texas, and
specifically located at 300 Parkwood Drive, Southlake, Texas. Current
Zoning: "S -P-2" Generalized Site Plan District. Requested Zoning: "S -P-2"
Generalized Site Plan District. SPIN #9. (If approved, the public hearing
will be held on June 21, 2016.)
B. Ordinance No. 480-718, (ZA16-027), 1St Reading, Zoning Change and Site
Plan for State Highway 114 and Blessed Way Mixed Use Senior Housing
on property described as Tract 2C, Richard Eads Survey, Abstract No.
481 and Tracts 5E, 5C1 and 5D1, Thomas Mahan Survey, Abstract No.
1049, City of Southlake, Tarrant County, Texas and located at 1680, 1700,
1730 and 1750, East State Highway 114, Southlake, Texas. Current
Zoning: "AG" Agricultural District. Requested Zoning: "S -P-1" Detailed Site
Plan District. SPIN #4. (If approved, the public hearing will be held on
June 21, 2016.)
C. Ordinance No. 480-661A, (ZA16-034), 1St Reading, Zoning Change and
Site Plan for Christ Our King Church on property being described as Lot 5,
Meadow Oaks Subdivision, an addition to the City of Southlake, Tarrant
County, Texas and located at 595 South Kimball Avenue, Southlake,
Texas. Current Zoning: "S -P-1" Detailed Site Plan District. Requested
City of Southlake values:
Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence 4 Teamwork
City of Southlake
City Council meeting agenda
June 7, 2016
Page 7 of 10
Zoning: "S -P-1" Detailed Site Plan District. SPIN #8. (If approved, the
public hearing will be held on June 21, 2016.)
D. Ordinance No. 480-712, (ZA15-152), 1st Reading, Zoning Change and
Development Plan for Stone Trail Estates on property described as Tracts
5A, 5C1, 5B, 5A3, and 5A2, Jesse G. Allen Survey, Abstract No. 18, City
of Southlake, Tarrant County, Texas and Lots 3R, 5B and 5A, (5A and 5B
being portions of Lot 5) Brock Addition, an addition to the City of
Southlake, Tarrant County, Texas and located at 2607, 2621, 2631, 2641,
and 2651 West Southlake Boulevard and 250, 400 and 410 Brock Drive,
Southlake, Texas. Current Zoning: "AG" Agricultural District and "SF -1A"
Single Family Residential District. Requested Zoning: "R -PUD" Residential
Planned Unit Development District. SPIN #11. (If approved, the public
hearing will be held on June 21, 2016.)
E. Ordinance No. 1159, 1st Reading, Approve an ordinance of the City of
Southlake, Texas providing for a residential homestead property tax
exemption. (If approved, the public hearing will be held on June 21, 2016.)
8. Resolutions: (There are no items on this agenda.)
9. Other items for consideration:
A. SV16-008, Variance to the Sign Ordinance No. 704-H regulations for Z-
Gallerie located at 280 State Street, Southlake, Texas.
B. Award construction contract for the Torian Place Lift Station project to
Rey -Mar Construction in the amount of $1,455,013.
C. Approve a professional engineering services agreement with Kimley Horn
for design schematic, topographic survey, right of way mapping, traffic
study and project management for State Highway 114 frontage roads and
ramp improvements from Dove Road to Kirkwood Boulevard in an amount
not to exceed $450,000.
10. Other items for discussion: (There are no items on this agenda.)
11. Meeting adjourned.
City of Southlake values:
Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork
City of Southlake
City Council meeting agenda
June 7, 2016
Page 8 of 10
CERTIFICATE
I hereby certify that the above agenda was posted on the official bulletin boards at Town
Hall, 1400 Main Street, Southlake, Texas, on Friday, June 3, 2016 by 6:00 p.m.,
pursuant to the Texas GgXwnaj§pt Code, Chapter 551.
.e
Lori Payne, TR
City Secretary
If you plan to attend tI!18,,#wb0' meeting and have a disability that requires special
needs, please advise the City Secretary's Office 48 hours in advance at 817-748-8016
and reasonable accommodations will be made to assist you.
City of Southlake values:
Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork
City of Southlake
City Council meeting agenda
June 7, 2016
Page 9 of 10
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. Constance Westfall v. Jose Luna, Nathaniel Anderson, Venessa Trevino, Chris
Melton, and Thomas Roberson, and the City of Southlake; Civil Action No. 4:15 -
CV -00874-0.
8. Chad Wilson and Martha Wilson, Individually and as next friend, for S.W. v. City
of Southlake, Southlake Police Department and Randy Baker, Individually; Civil
Action No. 4:16-cv-00057.
9. Lester J. Strait v. Savannah Court Partnership, et.al.; Cause No. 342-281936-15.
Section 551.072: Deliberation regardinq real property. The City Council may conduct a
closed meeting to deliberate the purchase, exchange, lease or value of real property.
Section 551.073: Deliberation regarding prospective gift or donation. The City Council
may conduct a closed meeting to deliberate a negotiated contract for a prospective gift
or donation to the City.
Section 551.074: Deliberation regarding personnel matters. The City Council may
deliberate the appointment, employment, evaluation, reassignment, duties, discipline, or
dismissal of public officers, including the City Manager, City Secretary, City Attorney,
Municipal Judge and city boards and commission members. A complete list of the city
boards and commissions is on file in the City Secretary's Office.
Section 551.076: Deliberation regarding security devices. The City Council may
deliberate the deployment, or specific occasions for implementation of security
personnel or devices.
City of Southlake values:
Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork
City of Southlake
City Council meeting agenda
June 7, 2016
Page 10 of 10
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.
Section 418.183(f): Texas Disaster Act. The City Council may deliberate information: 1)
for purposes of preventing, investigating, or responding to an act of terrorism or related
criminal activity and involving emergency response providers, their staffing, contact
information and tactical plans; 2) that relates to the risk or vulnerability of persons or
property, including infrastructure, to an act of terrorism; 3) that relates to the assembly
of an explosive weapon, the location of a material that may be used in a chemical,
biological or radioactive weapon, or unpublished information pertaining to vaccines or
devices to detect biological agents or toxins; 4) that relates to details of the encryption
codes or security keys for a public communication system; 5) that relates to a terrorism -
related report to an agency of the United States; 6) that relates to technical details of
particular vulnerabilities of critical infrastructure to an act of terrorism; 7) that relates to
information regarding security measures or security systems intended to protect public
and private property from an act of terrorism. The Texas Disaster Act specifically
requires that a tape recording of the closed meeting be made.
Section 418.106(d) & (e): Local meetings to discuss emergency management plans
regarding pipeline safety. The City Council may discuss emergency management plans
involving pipeline safety and/or security of pipeline infrastructures or facilities when
those plans or discussions contain such sensitive information.
City of Southlake values:
Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork