2020-09-01 CC Minutes- U
SCITY OF
OUTHLAKE
TEXAS
REGULAR CITY COUNCIL MEETING MINUTES SEPTEMBER 1 2020
LOCATION: 1400 Main Street, Southlake, Texas 76092
Council Chambers in Town Hall
CITY COUNCIL PRESENT: Mayor Laura Hill, Mayor Pro Tem Shawn McCaksill, Deputy
Mayor Pro Tem John Huffman, and Councilmembers Shahid Shafi, Chad Patton, Ronell
Smith and Christopher Archer.
STAFF PRESENT: City Manager Shana Yelverton, Assistant City Manager Alison
Ortowski, Assistant to the City Manager Lauren LaNeave, Chief Financial Officer Sharen
Jackson, Deputy Director of Public Relations Pilar Schank, Assistant Police Chief
Ashleigh Casey, Fire Chief Mike Starr, Director of Human Resources Stacey Black,
Director of Economic Development and Tourism Daniel Cortez, Director of Community
Services Chris Tribble, Senior Director of Planning and Development Services Ken Baker,
Director of Public Works Rob Cohen, Assistant City Attorney Cara White, and City
Secretary Amy Shelley.
WORK SESSION:
1. CALL TO ORDER
Work Session was called to order by Mayor Laura Hill at 5:30pm.
2. INVOCATION: CLAYTON REED
Mr. Clayton Reed provided the invocation. Mayor Laura Hill led the pledges of allegiance
to the United States and Texas Flags.
3. SOUTHLAKE BUSINESS SPOTLIGHT — ALLISON FULMER, OWNER
OF SANARA YOGA AND WELLNESS
Director of Economic Development Daniel Cortez introduced a video featuring the owner
of Sanara Yoga, Allison Fulmer.
4. DISCUSS ALL ITEMS ON TONIGHT'S AGENDA. NO ACTION WILL BE TAKEN
AND EACH ITEM WILL BE CONSIDERED DURING THE REGULAR SESSION.
Mayor Hill reviewed the items on tonight's consent agenda.
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REGULAR SESSION: Immediately following the work session
1. CALL TO ORDER
Regular Session was called to order by Mayor Hill at 5:38pm.
2A. EXECUTIVE SESSION
Mayor Hill announced the City Council would go into Executive Session pursuant to the
Open Meetings Act, Chapter 551, Texas Government Code, Section 551.071 consultation
with city attorney; and Section 551.087 deliberation regarding economic development
negotiations. City Council adjourned for Executive Session at 5:38pm. Executive Session
began at 5:50pm and concluded at 6:25pm.
2B. RECONVENE
Mayor Hill reconvened the meeting at 6:34pm.
3. REPORTS:
3A. MAYOR'S REPORT
3B. CITY MANAGER'S REPORT
3131. NATIONAL PREPAREDNESS MONTH
Emergency Manager Amanda Meneses updated the Council on National Preparedness
Month and emergency management efforts.
3132. NATIONAL SENIOR CENTER MONTH
Senior Services Coordinator Soheila Phillips was presented with a proclamation
recognizing National Senior Center Month.
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:
4A. APPROVE MINUTES FROM THE AUGUST 18, 2020 REGULAR CITY COUNCIL
MEETING.
4B. APPROVE A CONTRACT RENEWAL FOR THE SANITARY SEWER AND WET
WELL REHABILITATION SERVICES TO LEWIS CONCRETE RESTORATION
(LCR) IN AN AMOUNT NOT TO EXCEED $60,000.
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Motion was made to approve the Consent Agenda Items 4A -4B, as written.
Motion:
McCaskill
Second:
Huffman
Ayes:
Shafi, McCaskill, Patton, Hill, Smith, Huffman, Archer
Approved:
7-0
REGULAR AGENDA:
5. PUBLIC FORUM
Mayor Hill opened the public forum at 7:00pm.
There being no one wishing to speak, Mayor Hill closed the public forum at 7:OOpm.
6. ORDINANCES, SECOND READINGS, PUBLIC HEARINGS, AND RELATED
ITEMS:
6A. ORDINANCE NO. 480-711B (ZA20-0027), 2ND READING, ZONING CHANGE
AND SITE PLAN FOR USPI ALL STAR MEDICAL OFFICE ON PROPERTY
DESCRIBED AS LOTS 1 & 2, BLOCK 1, TOWER PLAZA, AN ADDITION TO
THE CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS AND LOCATED AT
905 AND 925 E. SOUTHLAKE BLVD., SOUTHLAKE, TEXAS. CURRENT
ZONING: "S -P-1" DETAILED SITE PLAN DISTRICT. REQUESTED ZONING:
"S -P-1" DETAILED SITE PLAN DISTRICT. SPIN NEIGHBORHOOD #9. PUBLIC
HEARING
APPROVED
Senior Director of Planning and Development Services Ken Baker presented Item 6A and
answered questions from Council.
Mayor Hill opened the public hearing at 7:00pm. There being no one wishing to speak,
Mayor Hill closed the public hearing at 7:00pm.
Motion was made to approve Item 6A, Ordinance No. 480-711 B (ZA20-0027), 2nd
Reading, Zoning Change and Site Plan for USPI All Star Medical Office on property
described as Lots 1 & 2, Block 1, Tower Plaza, an addition to the City of Southlake,
Tarrant County, Texas, and located at 905 and 925 E. Southlake Blvd., subject to the
Staff Report dated August 25, 2020, and Site Plan Review Summary No. 3, dated July
31, 2020, and noting the following:
- City Council is approving the front entrance modification as presented with the
brass color canopy.
- Noting that all other S -P-1 regulations and variances will remain in place unless
noted as part of this zoning action.
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Motion:
McCaskill
Second:
Huffman
Ayes:
Shafi, McCaskill, Patton, Hill, Smith, Huffman, Archer
Approved:
7-0
In accordance with Section 4.21 of the City Charter, the caption for this item is listed as
follows:
ORDINANCE NO. 480-711 B
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
1 & 2, BLOCK 1, TOWER PLAZA, AN ADDITION TO THE CITY OF SOUTHLAKE,
TARRANT COUNTY, TEXAS, BEING APPROXIMATELY 5.75 ACRES, AND MORE
FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "S -P-1" DETAILED
SITE PLAN DISTRICT TO "S -P-1" DETAILED SITE PLAN DISTRICT, 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.
6B. ORDINANCE NO. 480-769 (ZA20-0028), 2ND READING, ZONING CHANGE AND
SITE PLAN FOR ZEM PROPERTIES PHASE 2, ON PROPERTY DESCRIBED
AS TRACTS 1 B15, 1 B6F, 1 B14,1 B6E, 1 B, 1 B6E, 1 B17, AND 1 B6H, HARRISON
DECKER SURVEY ABSTRACT NO. 438, CITY OF SOUTHLAKE, TARRANT
COUNTY, TEXAS, AND LOCATED AT 1211, 1213,1215, AND 1217
TIMBERLINE COURT, SOUTHLAKE, TEXAS. CURRENT ZONING: "MH"
MANUFACTURED HOUSING DISTRICT. REQUESTED ZONING: 1-1" LIGHT
INDUSTRIAL DISTRICT. SPIN NEIGHBORHOOD #8. PUBLIC HEARING
APPROVED
Senior Director of Planning and Development Services Ken Baker presented Item 6B and
answered questions from Council.
Mayor Hill opened the public hearing at 7:01pm. There being no one wishing to speak,
Mayor Hill closed the public hearing at 7:01 pm.
Motion was made to approve Item 6B, Ordinance No. 480-769 (ZA20-0028), 2nd Reading,
Zoning Change and Site Plan for ZEM Properties Phase 2, on property described as
Tracts 11315, 1 B6F, 11314, 1136E, 1B, 1136E, 11317, and 1136H, Harrison Decker Survey
Abstract No. 438, City of Southlake, Tarrant County, Texas, and located at 1211,
1213,1215, and 1217 Timberline Court, subject to the Staff Report dated August 25, 2020,
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and Site Plan Review Summary No. 2, dated May 29, 2020, and granting the following:
- There is 25% of existing tree cover on the property and a minimum of 60% of the
tree cover is required to be preserved. The applicant is proposing to preserve 42%.
Motion: McCaskill
Second: Huffman
Ayes: Shafi, McCaskill, Patton, Hill, Smith, Huffman, Archer
Approved: 7-0
In accordance with Section 4.21 of the City Charter, the caption for this item is listed as
follows:
ORDINANCE NO. 480-769
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 11315, 1136F, 11314, 11136E, 1 B, 1136E, 11317, AND 1136H, HARRISON DECKER
SURVEY ABSTRACT NO. 438, CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS
BEING APPROXIMATELY 1.78 ACRES, AND MORE FULLY AND COMPLETELY
DESCRIBED IN EXHIBIT "A" FROM "MH" MANUFACTURED HOUSING DISTRICT TO
1-1" LIGHT INDUSTRIAL DISTRICT, 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.
6C. ORDINANCE NO. 480-CCCCC, 2ND READING, AMENDMENT TO ZONING
ORDINANCE NO. 480, AS AMENDED, SECTION 37 "DT" DOWNTOWN
DISTRICT. THE PURPOSE OF THIS REQUEST IS TO AMEND "DT" DISTRICT
TO ALLOW GREATER FLEXIBILITY FOR ADMINISTRATIVE APPROVAL OF
STOREFRONT FAQADE DESIGNS. SPIN NEIGHBORHOOD #8. PUBLIC
HEARING
APPROVED
Senior Director of Planning and Development Services Ken Baker presented Item 6C and
answered questions from Council.
Mayor Hill opened the public hearing at 7:02pm. There being no one wishing to speak,
Mayor Hill closed the public hearing at 7:02pm.
Motion was made to approve Item 6C, Ordinance No. 480-CCCCC, 2"d Reading,
amendment to Zoning Ordinance No. 480, as amended, Section 37 "DT" Downtown
District. The purpose of this request is to amend "DT" district to allow greater flexibility for
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administrative approval of storefront facade designs, subject to the Staff Report dated
August 25, 2020.
Motion:
McCaskill
Second:
Huffman
Ayes:
Shafi, McCaskill, Patton, Hill, Smith, Huffman, Archer
Approved:
7-0
In accordance with Section 4.21 of the City Charter, the caption for this item is listed as
follows..
ORDINANCE NO. 480-CCCCC
AN ORDINANCE AMENDING ORDINANCE NO. 480, AS AMENDED, THE
COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF SOUTHLAKE, TEXAS;
AMENDING SECTION 37, "DT" DOWNTOWN DISTRICT, TO ALLOW GREATER
FLEXIBILITY FOR ADMINISTRATIVE APPROVAL OF STOREFRONT FAQADE
DESIGNS, INCLUDING USE OF BRANDING COLOR; 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.
6D. APPROVAL OF THE AMENDED FISCAL YEAR 2020 SOUTHLAKE CRIME
CONTROL AND PREVENTION DISTRICT OPERATING BUDGET AND
ADOPTION OF FISCAL YEAR 2021 OPERATING BUDGET AND MULTI-YEAR
CAPITAL IMPROVEMENT PLAN. PUBLIC HEARING
APPROVED
Chief Financial Officer Sharen Jackson presented Item 6D and answered questions from
Council.
Mayor Hill opened the public hearing at 7:06pm.
Randy Williamson, 705 Castle Rock Drive, spoke about the budget.
There being no one else wishing to speak, Mayor Hill closed the public hearing at 7:07pm.
Motion was made to approve Item 6D, approval of the amended Fiscal Year 2020
Southlake Crime Control and Prevention District Operating Budget and adoption of Fiscal
Year 2021 Operating Budget and Multi -Year Capital Improvement Plan, and noting the
following-
- The statute requires that the City Council provide for notification of the public
hearing and hold the public hearing within specified time frames that are not
applicable to the overall City budget. If the City Council wishes to change any
portion of the budget, State statute requires that the City Council meet with the
Crime Control and Prevention District Board to come to a mutually acceptable
budget for the District.
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Motion: McCaskill
Second: Huffman
Ayes: Shafi, McCaskill, Patton, Hill, Smith, Huffman, Archer
Approved: 7-0
6E. ORDINANCE NO. 1234, 1ST READING, TAX LEVY ORDINANCE. PUBLIC
HEARING
APPROVED
Chief Financial Officer Sharen Jackson presented Item 6E and answered questions from
Council.
Mayor Hill opened the public hearing at 7:06pm. There being no one wishing to speak,
Mayor Hill closed the public hearing at 7:07pm.
Motion was made to approve Item 6E, Ordinance No. 1234, 1st Reading, Tax Levy
Ordinance., and noting the following:
- Part of the tax rate, $0.075 (18.5%) per $100, pays for the retirement of debt that
is due during the 2020 budget year. The remainder of the tax rate, $0.33 (81.5%)
per $100, is used to support General Fund operations of the City.
- On July 25th, the Tarrant and Denton Appraisal District certified the appraised
values of all properties in Southlake at a total taxable value $7,768,644,007 (net
of TIF values), as of January 1, 2020.
- This year's proposed tax rate of $0.405 is below the no new revenue rate
(effective rate tax rate) of $0.422115.
- The FY 2021 includes tax relief in the form of a 20% homestead exemption and a
rate reduction of $0.005.
Motion:
McCaskill
Second:
Huffman
Ayes:
Shafi, McCaskill, Patton, Hill, Smith, Huffman, Archer
Approved:
7-0
6F. ORDINANCE NO. 1235, IST READING, APPROVING AND ADOPTING THE
ANNUAL BUDGET FOR FISCAL YEAR 2021 AND APPROVING THE REVISED
BUDGET FIGURES FOR FISCAL YEAR 2020 AND MULTI-YEAR CAPITAL
IMPROVEMENT. PUBLIC HEARING
APPROVED
Chief Financial Officer Sharen Jackson presented Item 6F and answered questions from
Council.
Mayor Hill opened the public hearing at 7:06pm. There being no one wishing to speak,
Mayor Hill closed the public hearing at 7:07pm.
Motion was made to approve Item 6F, Ordinance No. 1235, 1st Reading, approving and
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adopting the Annual Budget for Fiscal Year 2021 and approving the revised budget
figures for Fiscal Year 2020 and Multi-year capital improvement., and noting the following:
- The budget as presented proposes to reduce the tax rate to $0.0405 with total
revenue of $112,794,276 and total expenditures of $105,176,360.
Motion:
McCaskill
Second:
Huffman
Ayes:
Shafi, McCaskill, Patton, Hill, Smith, Huffman, Archer
Approved:
7-0
7. ORDINANCES, FIRST READINGS, AND RELATED ITEMS: (THERE ARE NO
ITEMS ON THIS AGENDA.)
8. RESOLUTIONS: (THERE ARE NO ITEMS ON THIS AGENDA.)
9. OTHER ITEMS FOR CONSIDERATION:
9A. SV20-0010, VARIANCE TO SIGN ORDINANCE NO. 704 AS AMENDED, FOR
STRETCH LAB LOCATED AT 2600 E. SOUTHLAKE BLVD., SUITE 160,
SOUTHLAKE, TEXAS.
DENIED
Senior Director of Planning and Development Services Ken Baker presented Item 9A and
answered questions from Council.
Motion was made to deny Item 9A, SV20-0010, Variance to Sign Ordinance No. 704 as
amended, for Stretch Lab located at 2600 E. Southlake Blvd., Suite 160.
Motion: McCaskill
Second: Huffman
Ayes: Shafi, McCaskill, Patton, Hill, Smith, Huffman, Archer
Approved to DENY: 7-0
9B. SV20-0011, VARIANCE TO SIGN ORDINANCE NO. 704, AS AMENDED, FOR
CTI FOODS LOCATED AT 2106 E. SH 114, SUITE 400, SOUTHLAKE, TEXAS.
APPROVED
Senior Director of Planning and Development Services Ken Baker presented Item 9B and
answered questions from Council.
Motion was made to approve Item 913, SV20-0011, Variance to Sign Ordinance No. 704,
as amended, for CTI Foods located at 2106 E. SH 114, Suite 400, subject to the Staff
Report dated August 25, 2020, and granting the following:
- Applicant is requesting an upper story attached building sign to be located on a
wall that is within the tenant's lease space.
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Motion:
McCaskill
Second:
Huffman
Ayes:
Shafi, McCaskill, Patton, Hill, Smith, Huffman, Archer
Approved:
7-0
9C. SV20-0009, VARIANCES TO THE GATEWAY PLAZA PHASE II SIGN
REGULATIONS AND SIGN ORDINANCE NO. 704, AS AMENDED, FOR ONE
STOP NUTRITION LOCATED AT 2704 E. SOUTHLAKE BLVD., SUITE 101,
SOUTHLAKE, TEXAS.
APPROVED
Senior Director of Planning and Development Services Ken Baker presented Item 9C and
answered questions from Council.
Brandon Brown, owner of One Stop Nutrition, presented this item and answered
questions from Council.
Motion was made to approve Item 9C, SV20-0009, Variances to the Gateway Plaza
Phase II sign regulations and Sign Ordinance No. 704, as amended, for One Stop
Nutrition located at 2704 E. Southlake Blvd., Suite 101, subject to the Staff Report dated
August 25, 2020, and granting the following:
- The applicant is requesting to allow a greater than allowable sign width for the
lease space, a greater than permitted overall sign area, a pill box tag line sign and
a backer plate for the channel letters as part of the overall signage for the store.
And noting:
- Council is adopting the Sign Board recommendation with respect to the applicant's
request to allow a greater than allowable sign width for the lease space, a greater
than permitted overall sign area;
- Limiting the use of the pill box tag line sign to the duration of the temporary sign
regulations currently in place, and such pill box sign shall be removed within 45
days of Council's suspension of the temporary sign regulations;
- The applicant will work with staff relative to the tag line signage with the wording,
"Vitamins Smoothies Supplements Weightloss."
Motion:
McCaskill
Second:
Huffman
Ayes:
Shafi, McCaskill, Patton, Hill, Smith, Huffman, Archer
Approved:
7-0
10. OTHER ITEMS FOR DISCUSSION: (THERE ARE NO ITEMS ON THIS
AGENDA.)
11. ADJOURNMENT
Mayor Hill adjourned the meeting at 7:31 pm.
*An audio recording of this meeting will be permanently retained in the City Secretary's
Office.
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MINUTES APPROVED ON THIS, THE 15TH DAY OF SEPTEMBER 2020.
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Laura II
Mayor
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Amy h Iley, R AC
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