2016-09-06CITY OF
SOUTHLAKE
TEXAS
REGULAR CITY COUNCIL MEETING SEPTEMBER 6.2016
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. Southlake Carroll Theatre presentation
5. Public Safety & Distracted Driving Information
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 followina the work session
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 Reaular Session or at
this Citv Council meeting.
Section 551.071: Consultation with citv attornev
a. Seek advice of the city attorney regarding legal issues with
Dove Road infrastructure improvements.
b. Seek advice of the city attorney regarding legal issues
potentially affecting the authority and liability of municipalities
in the upcoming Texas legislative session.
City of Southiake values:
Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork
City of Southlake
City Council meeting agenda
September 6, 2016
Page 2 of 9
2.
C. Seek advice of the city attorney regarding Resolution No. 16-
022, (ZA16-037), Specific Use Permit for temporary
construction facilities for the TD Ameritrade property.
d. Seek advice of the city attorney regarding legal issues
associated with tree removal at 2060 East Continental
Boulevard.
a. Discuss the terms and conditions of an economic
development incentives program - Project No. 2014-03.
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 16, 2016 regular City Council meeting.
B. Approve contract for Construction Manager at -Risk services with Haydon
Building Corp, and the Guaranteed Maximum Price Amendment in the
amount of $32,988,686 for the construction of The Marq Southlake Phase
2.
C. Approve Ordinance No. 1161, 1St Reading, (CP16-005), Adopting the City
of Southlake Economic Development Master Plan an element of the
Southlake 2035 Comprehensive Plan. (If approved, the public hearing will
be held September 20, 2016.)
D. Approve ZA16-061, Plat Revision for the Abiding Grace Lutheran Church
on property being described as Lot 3R, Block 1 of the Chivers Park
Addition, an addition to the City of Southlake, Tarrant County, Texas and
Tract 4H of the Absolom H. Chivers Survey Abstract No. 299, Southlake,
Tarrant County, Texas and located at 1000 through 1060 East Highland
City of Southlake values:
Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork
City of Southlake
City Council meeting agenda
September 6, 2016
Page 3 of 9
Street, Southlake, Texas. Current Zoning: "CS" Community Service
District. SPIN #3.
E. Approve the absences of Planning and Zoning Commissioner Kate Smith
from the August 4, 2016 and August 18, 2016 meetings.
F. Withdraw Resolution No. 16-036, (ZA16-053), Specific Use Permit for
Temporary Sales Facility in Highland Oaks on property described as Lot 3,
Block 2, Highland Oaks Addition, an addition to the City of Southlake,
Tarrant County, Texas and located at 1205 Rothschild Boulevard,
Southlake, Texas. Current Zoning: "R -PUD" Residential Planned Unit
Development District. SPIN #7. (The applicant has submitted a request to
withdraw this case.)
TABLED ITEMS:
G. Table Ordinance No. 480-474A, (ZA16-026), 1St Reading, Zoning Change
and Site Plan for River Oaks Park office building on property described as
Lot 7, Block 1, River Oaks Addition, an addition to the City of Southlake,
Tarrant County, Texas, and located at 121 River Oaks Drive, Southlake,
Texas. Current Zoning: "S -P-2" Generalized Site Plan District. Requested
Zoning: "S -P-2" Generalized Site Plan District. SPIN #11. (The applicant
has requested to table this item to the September 20, 2016 City Council
meeting. If approved at that meeting, a public hearing will be held on
October 4, 2016.)
H. Table Ordinance No. 480-643C, (ZA16-058), 1St Reading, Zoning Change
and Site Plan for Park Village Landscape Plan on property described as
Lot 1, Block 1 and Lot 1, Block 2, Park Village, an addition to the City of
Southlake, Tarrant County, Texas, and located at 1035 East Southlake
Boulevard and 300 South Carroll Avenue, Southlake, Texas. Current
Zoning: "S -P-1" Detailed Site Plan District. Requested Zoning: "S -P-1"
Detailed Site Plan District. SPIN #9. (The applicant has requested to table
this item to the September 20, 2016 City Council meeting. If approved at
that meeting, a public hearing will be held on October 4, 2016.)
I. Table Sign Ordinance No. 704-I, 2nd Reading, Amendment to the City of
Southlake Sign Ordinance No. 704-H. PUBLIC HEARING (This item has
been tabled to the September 20, 2016 City Council meeting.)
J. Table Ordinance No. 480-VVVV, 1St Reading, Amendment to the City of
Southlake Comprehensive Zoning Ordinance No. 480, as amended, to
add development regulations for the buffering of natural areas along
streams, to add regulations regarding the use of permeable pavement and
to include miscellaneous corrections. (This item has been tabled to the
City of Southlake values:
Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork
City of Southlake
City Council meeting agenda
September 6, 2016
Page 4 of 9
September 20, 2016 City Council meeting. If approved at that meeting, a
public hearing will be held on October 4, 2016.)
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.)
6. Ordinances, second readings, public hearings, and related items:
A. Resolution No. 16-035, (ZA16-054), Specific Use Permit for a Residential
Solar Energy System on property being described as Lot 8, Block 4,
Chimney Hill, an addition to the City of Southlake, Tarrant County, Texas
and located at 1407 Northridge Drive. Current Zoning: "SF -20A" Single
Family Residential District. SPIN #10. PUBLIC HEARING
B. Ordinance No. 480-719, (ZA16-055), 2nd Reading, Zoning Change and
Concept Plan for 289 Pine Drive on property described as Tract 2A,
Obediah W. Knight Survey, Abstract No. 899, City of Southlake, Tarrant
County, Texas, and located at 289 Pine Drive, Southlake, Texas. Current
Zoning: "AG" Agricultural District. Requested Zoning: "SF -1A" Single
Family Residential District. SPIN #9. PUBLIC HEARING
C. ZA16-050, Site Plan for Primrose School on property described as Lot 1,
G.W. Main No. 1098 Addition, an addition to the City of Southlake, Tarrant
County, Texas and located at 155 South Kimball Avenue, Southlake,
Texas. Current Zoning: "C-2" Local Retail Commercial District. SPIN #8.
PUBLIC HEARING
D. Ordinance No. 480-564B, (ZA16-029), 2nd Reading, Zoning Change and
Development Plan for Carillon Corporate District on property described as
Tracts 3132 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. PUBLIC
HEARING
City of Southlake values:
Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork
City of Southlake
City Council meeting agenda
September 6, 2016
Page 5 of 9
E. ZA16-030, Site Plan for Hotel Indigo Carillon on property described as 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. PUBLIC HEARING
F. ZA16-031, Preliminary Plat or Lots 1 and 2, Block 1, Carillon - Hotel Indigo
on property described as portions of Tracts 3A5, 3A3, 3A and 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.
G. Ordinance No. 480-439C, (ZA16-044), 2nd Reading, Zoning Change and
Concept/Site Plan for Texas Digestive Disease Consultants Ambulatory
Surgery Center on property described as Lot 4R, Block 5, Cornerstone
Business Park, an addition to the City of Southlake, Tarrant County,
Texas, and located at 515 South Nolen Drive, Southlake, Texas. Current
Zoning: "S -P-2" Generalized Site Plan District. Requested Zoning: "S -P-2"
Generalized Site Plan District. SPIN #8. PUBLIC HEARING
H. Resolution No. 16-037, (ZA16-049), Specific Use Permit Specific Use
Permit for a Residential Above Ground Cistern on property described as
Lot 7, Block 3, Harbor Oaks Subdivision, an addition to the City of
Southlake, Tarrant County, Texas and located at 1065 Harbor Haven,
Southlake, Texas. Current Zoning: "SF -1A" Single Family Residential
District. SPIN #2. PUBLIC HEARING
Resolution No. 16-044, (ZA15-148), Specific Use Permit for
Telecommunications Towers, Antennas, or Ancillary Structures on
property described as Lot 1, Block 1, Carroll ISD No. 3 Addition,
Southlake, Tarrant County, Texas and located at 2400 North Carroll
Avenue, Southlake, Texas. Current Zoning: "CS" Community Service
District. SPIN #2. PUBLIC HEARING
J. Ordinance No. 1075a, (CP16-004), 2nd Reading, Amendment to the City of
Southlake Mobility Master Plan, an element of the Southlake 2030
Comprehensive Plan. PUBLIC HEARING
City of Southlake values.-
Integrity
alues.Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork
City of Southlake
City Council meeting agenda
September 6, 2016
Page 6 of 9
K. Approval of amended Fiscal Year 2016 Southlake Crime Control and
Prevention District Operating Budget and adoption of Fiscal Year 2017
Operating Budget. PUBLIC HEARING
L. Consider proposal to adopt a tax increase. PUBLIC HEARING
M. Ordinance No. 1163, lat Reading, Tax Levy Ordinance. (If approved, the
public hearing will be held on September 20, 2016.)
N. Ordinance No. 1162, Il t Reading, Approving and adopting the Annual
Budget for Fiscal Year 2017 and approving the revised budget figures for
Fiscal Year 2016 and Multi-year capital improvement. (If approved, the
public hearing will be held on September 20, 2016.)
Ordinances, first readings, and related items:
A. This item was intentionally left blank.
B. Ordinance No. 480-564C, lat Reading, (ZA16-071), the City of Southlake
is proposing a Zoning Change and Development Plan for Carillon, Plaza
District on property described as Tracts 1, 3A04, 3A04A, 3A05 and
portions of Tracts, 3A, 3A01, and 3A03, Larkin H. Chivers Survey,
Abstract No. 300, City of Southlake, Tarrant County, Texas and generally
located at the northeast intersection of East State Highway 114 and North
White Chapel Boulevard and bounded by East State Highway 114 on the
south, North White Chapel Boulevard on the west, East Kirkwood
Boulevard on the north and Riviera Lane on the east, Southlake, Texas.
Current Zoning: "ECZ" Employment Center Zoning District. Requested
Zoning: "ECZ" Employment Center Zoning District. SPIN #3. (If approved,
the public hearing will be held September 20, 2016.)
8. Resolutions: (There are no items on this agenda.)
9. Other items for consideration:
A. MSP16-006, Master Sign Plan for Methodist Southlake Hospital located at
335 East State Highway 114, Southlake, Texas.
B. SV16-011, Variance to Sign Ordinance No. 704, as amended, for Shell
service station located at 2210 West Southlake Boulevard, Southlake,
Texas.
C. SV16-012, Variance to Sign Ordinance No. 704, as amended, for Utopia
Food & Fitness located at 2777 East Southlake Boulevard, Suite 130,
Southlake, Texas.
City of Southlake values:
Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork
City of Southlake
City Council meeting agenda
September 6, 2016
Page 7 of 9
10. Other items for discussion: (There are no items on this agenda.)
11. Meeting adjourned.
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, September 2, 2016 by 6:00 p.m.,
pursuant to the Texas Government Code, Chapter 551.
.19 °°°°V1MLq
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Lori Payne, TR pr
City Secretary e
If you plan to attend this pbp is 1� ing.� and have a disability that requires special
needs, please advise the CitI rVls Office 48 hours in advance at 817-748-8016
and reasonable accommodations will be made to assist you.
City of Southlake values:
Integrity 4 Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork
City of Southlake
City Council meeting agenda
September 6, 2016
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. 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 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 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
September 6, 2016
Page 9 of 9
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