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2013-09-03 Regular CC MeetinglugCITY OF SOUTHLAK.E TEXAS REGULAR CITY COUNCIL MEETING: SEPTEMBER 3, 2013 LOCATION: 1400 Main Street, Southlake, Texas 76092 Council Chambers in Town Hall WORK SESSION: 5:30 P.M. 1. Call to order 2. Invocation: Jason Daughtry 3. Local Business Report 4. Discuss all items on tonight's meeting agenda. No action will be taken and each item will be considered during the Regular Session. REGULAR SESSION: Immediately following 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 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 posted subject matter of this City Council meeting. 1. 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. 2. Section 551.074: Deliberation regarding personnel matters a. Deliberate the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of the Municipal Judge. 3. Section 551.087: Deliberation regarding economic development negotiations a. Economic incentives for businesses. B. Reconvene: Action necessary on items discussed in Executive Session. 3. REPORTS: City of Southlake values.- Integrity alues:Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork City of Southlake City Council meeting agenda September 3, 2013 Page 2 of 7 A. Mayor's Report 1. Recognize State Representatives Giovanni Capriglione and Tan Parker. 2. Proclamation — Adam Horne 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 20, 2013 Regular City Council meeting. B. Approve local project advance funding agreement with Texas Department of Transportation (TxDOT) for the Watermere traffic signal construction in the amount of $195,003. C. Ratify construction expenses paid to Simmons Estate Homes for water line construction in the amount of $28,177. D. This item was intentionally left blank. E. Consider approval of a request from the Polycystic Kidney Disease Foundation North Texas Chapter to display event sponsor vehicles on public property. F. ZA13-065, Site Plan for Carroll Pointe on property described as Lot 1 R, Greenway -Carroll Addition an addition to the City of Southlake, Tarrant County, Texas located at 1201 East State Highway 114, Southlake, Texas. Current Zoning: "C-3" General Commercial District. SPIN #8. (At the request of the applicant this item has been tabled until the October 1, 2013 City Council meeting.) G. Ordinance No. 480-PPPP, 1 st Reading, Amendment to the Comprehensive Zoning Ordinance No. 480, as amended, as it pertains to private stables, including the boarding of horses in areas other than the Agricultural District for the keeping of grazing animals. (This item was tabled at the August 22, 2013 Planning and Zoning Commission meeting. Staff is administratively tabling this item to the October 17, 2013 Planning and Zoning Commission Meeting. If a recommendation is made on this item at the October 17, 2013 City of Southlake values.- Integrity alues:Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork City of Southlake City Council meeting agenda September 3, 2013 Page 3 of 7 Planning and Zoning Commission meeting the first reading will be at the November 5, 2013 City Council meeting.) H. Ordinance No. 1069, 1St Reading, Amendment to the Southlake Code of Ordinance, Subpart A, General Ordinances, Chapter 4 "Animals", Article I, II, III, and repealing Ordinance No. 530-A and Ordinance No. 530-B as it pertains to the keeping of animals (Animal Control Ordinance). (Staff is administratively tabling this item until the November 5, 2013 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.) 6. Ordinances, second readings, public hearings, and related items: A. Ordinance No. 480-546a (ZA13-081), 2nd Reading, Zoning Change and Site Plan for 1575 East Southlake Boulevard Ebby Halliday Realtors on property being described as Lot 2AR, Block 1, Gorbutt Addition, an addition to the City of Southlake, Tarrant County, Texas and located at 1575 East Southlake Boulevard, Southlake, Texas. Current Zoning: "S -P- 1" Detailed Site Plan District. Requested Zoning: "S -P-1" Detailed Site Plan District. SPIN #8. PUBLIC HEARING B. ZA13-011, Concept Plan for Southlake Town Square Garden District and Brownstones Phase C on property described as Lot 24R and Lots 25-35, Block 24, Lots 1-16 and Lot 38, Block 25, Lot 1, Block 28, Southlake Town Square, Brownstones at Town Square, Phase B, an addition to the City of Southlake, Tarrant County, Texas and Tracts 2A5 and 2A5E, Richard Eads Survey, Abstract No. 481, City of Southlake, Tarrant County, Texas, and generally located along Park Ridge Boulevard and east of Central Avenue, Southlake, Texas. Current Zoning: "DT" Downtown District. SPIN #8. PUBLIC HEARING C. Resolution No. 13-032 (ZA13-053), Specific Use Permit for single family residential in the "DT" Downtown District for Southlake Town Square Brownstones Phase C on property described as Lot 24R, Lots 25-34 and a portion of Lot 35, Block 24, Lots 1-16 and Lot 38, Block 25, Lot 1, Block 28, Southlake Town Square, Brownstones at Town Square, Phase B, an addition to the City of Southlake, Tarrant County, Texas and a portion of City of Southlake values: Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork City of Southlake City Council meeting agenda September 3, 2013 Page 4 of 7 Tract 2A5E, Richard Eads Survey, Abstract No. 481, City of Southlake, Tarrant County, Texas, and generally located along Park Ridge Boulevard and east of Central Avenue, Southlake, Texas. Current Zoning: "DT" Downtown District. SPIN #8. PUBLIC HEARING D. Resolution No. 13-033 (ZA13-054), Specific Use Permit for residential lofts in the Southlake Town Square "DT" Downtown District for The Residences on property described as Lot 4, Block 4R1, Southlake Town Square, Phase I, an addition to the City of Southlake, Tarrant County, Texas and located at 1471 Federal Way, Southlake, Texas. Current Zoning: "DT" Downtown District. SPIN #8. PUBLIC HEARING E. ZA13-012, Preliminary Plat for Southlake Town Square Garden District and Brownstones Phase C on property described as Lot 24R and Lots 25- 35, Block 24, Lots 1-16 and Lot 38, Block 25, Lot 1, Block 28, Southlake Town Square, Brownstones at Town Square, Phase B, an addition to the City of Southlake, Tarrant County, Texas and Tract 2A5E, Richard Eads Survey, Abstract No. 481, City of Southlake, Tarrant County, Texas, and generally located along Park Ridge Boulevard and east of Central Avenue, Southlake, Texas. Current Zoning: "DT" Downtown District. SPIN #8. F. ZA13-080, Plat Revision for Southlake Town Square Garden District and Brownstones Phase C on property described as Lot 24R and Lots 25-35, Block 24, Lots 1-16 and Lot 38, Block 25, Lot 1, Block 28, Southlake Town Square, Brownstones at Town Square, Phase B, an addition to the City of Southlake, Tarrant County, Texas and Tract 2A5E, Richard Eads Survey, Abstract No. 481, City of Southlake, Tarrant County, Texas, and generally located along Park Ridge Boulevard and east of Central Avenue, Southlake, Texas. Current Zoning: "DT" Downtown District. SPIN #8. G. Ordinance No. 480-641 (ZA13-043), 2nd Reading, Zoning Change and Concept Plan for 1833 Our Lane on property being described as Tracts 2C11, 2C12 and 2C13, W. Martin Survey, Abstract No. 1068, City of Southlake, Tarrant County, Texas and located at 1833, 1847 and 1851 Our Lane, Southlake, Texas. Current Zoning: "AG" Agricultural District. Proposed Zoning: "SF -1A" Single Family Residential District. SPIN #5. PUBLIC HEARING. H. Consider a proposal to adopt a tax increase as a result of the proposed tax rate of $.462 exceeding the effective tax rate by 2.9%. PUBLIC HEARING Ordinance No. 1070, 1St Reading, Approve and adopt the Annual Budget for the Fiscal Year 2014 and approve the revised budget figures for the Fiscal Year 2013 and Multi -Year Capital Improvements Program. (/f City of Southlake values.- Integrity alues:Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork City of Southlake City Council meeting agenda September 3, 2013 Page 5 of 7 approved at first reading, a public hearing will be held on September 17, 2013.) J. Ordinance No. 1071, 1St Reading, Tax Levy Ordinance. (If approved at first reading, a public hearing will be held on September 17, 2013.) K. Ordinance No. 1072, 1St Reading, Approve an ordinance of the City of Southlake, Texas, providing for a residential homestead property tax exemption. (If approved at first reading, a public hearing will be held on September 17, 2013.) L. Approval of amended Fiscal Year 2013 Crime Control and Prevention District Operating Budget and adoption of Fiscal Year 2014 Crime Control and Prevention District Operating Budget and Multiyear Capital Improvement Plan. PUBLIC HEARING 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: (There are no items on this agenda.) 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, August 30, 2013 by 6:00 p.m., pursuant to the Texas GovernmeQtJqode, Chapter 551. Alicia Richardson, TRMC ;�v.-,�- City Secretary 'r •'-•••.- 'rrr'r'r+r If you plan to attend this public 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 September 3, 2013 Page 6 of 7 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. City of Southlake v. Jeff Massey, et al; Cause No. 2011-003365-3; eminent domain action regarding property located at 1200 North Kimball, Southlake, Texas. 5. Legal issues related to property located at 3100, 3110, and 3112 East Southlake Boulevard. 6. City of Southlake v. Ashwin J. Babaria, et al; Cause No. 2011-006149-3; eminent domain action regarding property located at 1470 N. Kimball Avenue, Southlake, Texas. 7. Metro-Plex Underground, LP v. Ed Bell Construction and ARCH Insurance Company; Cause No. 048-258408-12 8. James & Kathleen Farley v. Mark Wilson, National Carriers, Inc., and City of Southlake; Cause No. 09-15791. 9. Ed Bell Construction Company v. City of Southlake, Cause No. 348-262825-12 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 regardingprospective 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 3, 2013 Page 7 of 7 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 CITY OF 1 SOUTHLAKE TEXAS REGULAR CITY COUNCIL MEETING MINUTES: SEPTEMBER 3, 2013 LOCATION: 1400 Main Street, Southlake, Texas 76092 City Council Chambers CITY COUNCIL PRESENT: Mayor John Terrell, Mayor Pro Tem Brandon Bledsoe, Deputy Mayor Pro Tem 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 II Richard Schell, 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 5:38 p.m. 2. INVOCATION Mr. Jason Daughtry 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 Mr. Stan McCarthy with Patina Floor Design Store. Mr. McCarthy provided a description of the services provided, hours of operation, and location of business 4. DISCUSS ALL ITEMS ON TONIGHT'S MEETING AGENDA. NO ACTION WILL BE TAKEN AND EACH ITEM WILL BE CONSIDERED DURING THE REGULAR SESSION REGULAR CITY COUNCIL MEETING MINUTES, SEPTEMBER 3, 2013 Page 1 of 12 Mayor Terrell read the consent agenda items. Mayor Terrell recommended to move items 6J— Ordinance No. 1071 and 6K, Ordinance No. 1072 to the consent agenda. There being no objections, items 6J and 6K were moved to the consent agenda. REGULAR SESSION: 1. CALL TO ORDER The Regular Session of the City Council was called to order by Mayor Terrell at 5:51 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 city attorney; Section 551.072, deliberation regarding real property; Section 551.074, deliberation regarding personnel; and Section 551.087, deliberation regarding economic development negotiations. City Council adjourned for Executive Session at 5:52 p.m. Executive Session began at 6:07 p.m. and concluded at 7:10 p.m. 2B. RECONVENE Mayor Terrell reconvened the meeting at 7:14 p.m. Mayor Terrell asked if any action was necessary from Executive Session. A motion was made to authorize staff to proceed with right of way acquisition as discussed in Executive Session. Motion: Bledsoe Second: Moms Ayes: Bledsoe, Hill, Morris, Muller, Schelling, Terrell, Williamson Approved: 7 -0 3A. MAYOR'S REPORT 3A1. Recognize State Representatives Giovanni Capriglione and Tan Parker – Mayor Terrell and Council recognized the efforts of Representatives Giovanni Capriglione and Tan Parker for their work during the 83 Legislative Session. 3A2. Proclamation – Adam Horne – Mayor Terrell recognized and presented a proclamation to Adam Horne recognizing his accomplishment of successfully completing all requirements for his Eagle Scout Rank. 3B. CITY MANAGER'S REPORT REGULAR CITY COUNCIL MEETING MINUTES, SEPTEMBER 3, 2013 Page 2 of 12 No report was given. 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. APPROVE MINUTES FROM THE AUGUST 20, 2013 REGULAR CITY COUNCIL MEETING. 4B. APPROVE LOCAL PROJECT ADVANCE FUNDING AGREEMENT WITH TEXAS DEPARTMENT OF TRANSPORTATION (TXDOT) FOR THE WATERMERE TRAFFIC SIGNAL CONSTRUCTION IN THE AMOUNT OF $195,003. 4C. RATIFY CONSTRUCTION EXPENSES PAID TO SIMMONS ESTATE HOMES FOR WATER LINE CONSTRUCTION IN THE AMOUNT OF $28,177. 4D. THIS ITEM WAS INTENTIONALLY LEFT BLANK. 4E. CONSIDER APPROVAL OF A REQUEST FROM THE POLYCYSTIC KIDNEY DISEASE FOUNDATION NORTH TEXAS CHAPTER TO DISPLAY EVENT SPONSOR VEHICLES ON PUBLIC PROPERTY. 4F. ZA13 -065, SITE PLAN FOR CARROLL POINTE ON PROPERTY DESCRIBED AS LOT 1R, GREENWAY - CARROLL ADDITION AN ADDITION TO THE CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS LOCATED AT 1201 EAST STATE HIGHWAY 114, SOUTHLAKE, TEXAS. CURRENT ZONING: "C-3" GENERAL COMMERCIAL DISTRICT. SPIN #8. (AT THE REQUEST OF THE APPLICANT THIS ITEM HAS BEEN TABLED UNTIL THE OCTOBER 1, 2013 CITY COUNCIL MEETING.) 4G. ORDINANCE NO. 480 -PPPP, 1 READING, AMENDMENT TO THE COMPREHENSIVE ZONING ORDINANCE NO. 480, AS AMENDED, AS IT PERTAINS TO PRIVATE STABLES, INCLUDING THE BOARDING OF HORSES IN AREAS OTHER THAN THE AGRICULTURAL DISTRICT FOR THE KEEPING OF GRAZING ANIMALS. (THIS ITEM WAS TABLED AT THE AUGUST 22, 2013 PLANNING AND ZONING COMMISSION MEETING. STAFF IS ADMINISTRATIVELY TABLING THIS ITEM TO THE OCTOBER 17, 2013 PLANNING AND ZONING COMMISSION MEETING. IFA RECOMMENDATION IS MADE ON THIS ITEM AT THE OCTOBER 17, 2013 PLANNING AND ZONING COMMISSION MEETING THE FIRST READING WILL BE AT THE NOVEMBER 5, 2013 CITY COUNCIL MEETING.) REGULAR CITY COUNCIL MEETING MINUTES, SEPTEMBER 3, 2013 Page 3 of 12 4H. ORDINANCE NO. 1069, 1 READING, AMENDMENT TO THE SOUTHLAKE CODE OF ORDINANCE, SUBPART A, GENERAL ORDINANCES, CHAPTER 4 "ANIMALS ", ARTICLE 1, I1, III, AND REPEALING ORDINANCE NO. 530 -A AND ORDINANCE NO. 530 -B AS IT PERTAINS TO THE KEEPING OF ANIMALS (ANIMAL CONTROL ORDINANCE). (STAFF IS ADMINISTRATIVELY TABLING THIS ITEM UNTIL THE NOVEMBER 5, 2013 CITY COUNCIL MEETING.) APPROVED A motion was made to approve the consent agenda as presented to include items 6J and 6K. Motion: Bledsoe Second: Morris Ayes: Bledsoe, Hill, Morris, Muller, Schelling, Terrell, Williamson . Approved: 7 -0 5. PUBLIC FORUM Mayor Terrell opened the public forum. Ms. Sally Wilson, 4721 North White Chapel, informed Council of the upcoming PKD walk/run being held on Saturday, September 21, 2013. The walk/run will be held in Town Square. There being no one else wishing to speak, Mayor Terrell closed the public forum. 6. ORDINANCES, SECOND READINGS, PUBLIC HEARINGS, AND RELATED ITEMS: 6A. ORDINANCE NO. 480 -546A (ZA13 -081), 2 READING, ZONING CHANGE AND SITE PLAN FOR 1575 EAST SOUTHLAKE BOULEVARD EBBY HALLIDAY REALTORS ON PROPERTY BEING DESCRIBED AS LOT 2AR, BLOCK 1, GORBUTT ADDITION, AN ADDITION TO THE CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS AND LOCATED AT 1575 EAST SOUTHLAKE BOULEVARD, SOUTHLAKE, TEXAS. CURRENT ZONING: "S- P-1" DETAILED SITE PLAN DISTRICT. REQUESTED ZONING: "S -P -1" DETAILED SITE PLAN 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 Skip Blake presented the request and was available to answer questions. REGULAR CITY COUNCIL MEETING MINUTES, SEPTEMBER 3, 2013 Page 4 of 12 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 -546a, zoning change and site plan for 1575 East Southlake Boulevard for Ebby Halliday Realtors building, subject to revised site plan review summary No. 1, dated August 14, 2013; and affirmation of the previously approved driveway spacing variance. Motion: Bledsoe Second: Morris 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 LOT 2AR, BLOCK 1, GORBUTT ADDITION, AN ADDITION TO THE CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS, BEING APPROXIMATELY 1.436 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. ZA13 -011, CONCEPT PLAN FOR SOUTHLAKE TOWN SQUARE GARDEN DISTRICT AND BROWNSTONES PHASE C ON PROPERTY DESCRIBED AS LOT 24R AND LOTS 25 -35, BLOCK 24, LOTS 1 -16 AND LOT 38, BLOCK 25, LOT 1, BLOCK 28, SOUTHLAKE TOWN SQUARE, BROWNSTONES AT TOWN SQUARE, PHASE B, AN ADDITION TO THE CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS AND TRACTS 2A5 AND 2A5E, RICHARD EADS SURVEY, ABSTRACT NO. 481, CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS, AND GENERALLY LOCATED ALONG PARK RIDGE BOULEVARD REGULAR CITY COUNCIL MEETING MINUTES, SEPTEMBER 3, 2013 Page 5 of 12 AND EAST OF CENTRAL AVENUE, SOUTHLAKE, TEXAS. CURRENT ZONING: "DT" DOWNTOWN DISTRICT. SPIN #8. PUBLIC HEARING TABLED Planner II Richard Schell presented items 6B, 6C, 6D, 6E and 6F and was available to answer questions from Council. Applicant representatives Frank Bliss and Larry Corsin presented request and responded to questions from Council. Mayor Terrell recessed the meeting at 10:07 p.m. Mayor Terrell reconvened the meeting at 10:27 p.m. Mayor Terrell opened the public hearing for items 6B, 6C, 6D, 6E and 6F and asked for anyone wishing to speak on the items to come forward. The following people did not wish to speak, but asked that their opposition be recorded: Lynette Carter, 1808 Native Dancer Place; Teresa Gorman, 1406 Mayfair Place; Belinda Gaudet, 1315 Westmont; Jane H. Cravens, 304 Lakeside Court; James Kogan, M.D., 1305 Eagle Bend; Mary Kotter, 406 Edgemont Drive; Ty Wilcox, 1317 Westmont Court; Patti Rafa, 1354 Estella Way; Lea Hallab, 914 Wentwood Drive; Keaton Gleim, 1905 Amesbury Court; Bill and Patricia Gleim, 1905 Amesbury Court; and Shahid Shafi, 910 Brazos Drive. The following people spoke in opposition: Mr. Mike Kotter, 406 Edgemont Drive; Mr. Michael Carter, 1808 Native Dancer Place; Ms. Leslie Guess, 411 Bryn Meadows; Mr. John Rafa, 1354 Estella Way, also presented a petition to Council; Ms. Hillary Hale, 900 Oasis Court; and Ms. Shawna Cardillo, 1560 Main Street. The following people spoke in support: Mr. Scott Hoyt, 925 South Main Street, No. 342, Grapevine; Mr. Tim Mooreland, 1256 Main Street, Suite 244; Ms. Lisa Alexander, 1562 Main Street; and Mr. Brian Smith, 1532 Main Street. The following people did not wish to speak, but asked that their support be recorded: Ms. Karla Chase (address not given); Mr. Stan Alexander, 1562 Main Street and Mr. Mike Mills, 1528 Main Street. There being no one else wishing to speak, Mayor Terrell closed the public hearing for items 6B, 6C, 6D, 6E and 6F. Council discussed the request and provided feedback to Mr. Bliss and Mr. Corsin regarding design, parking, traffic, density and location of proposed lofts. In light of the conversation and direction from Council, Mr. Bliss asked Council to table items 6B, 6C, 6D, 6E and 6F to the September 17, 2013 City Council meeting. REGULAR CITY COUNCIL MEETING MINUTES, SEPTEMBER 3, 2013 Page 6 of 12 A motion was made to table item 6B, ZA13 -011, concept plan for Southlake Town Square Garden District and Brownstones to the September 17, 2013 City Council meeting. Motion: Bledsoe Second: Muller Ayes: Bledsoe, Hill, Muller, Schelling, Terrell, Williamson Nays: Morris Approved: 6 -1 6C. RESOLUTION NO. 13 -032 (ZA13 -053), SPECIFIC USE PERMIT FOR SINGLE FAMILY RESIDENTIAL IN THE "DT" DOWNTOWN DISTRICT FOR SOUTHLAKE TOWN SQUARE BROWNSTONES PHASE C ON PROPERTY DESCRIBED AS LOT 24R, LOTS 25-34 AND A PORTION OF LOT 35, BLOCK 24, LOTS 1 -16 AND LOT 38, BLOCK 25, LOT 1, BLOCK 28, SOUTHLAKE TOWN SQUARE, BROWNSTONES AT TOWN SQUARE, PHASE B, AN ADDITION TO THE CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS AND A PORTION OF TRACT 2A5E, RICHARD EADS SURVEY, ABSTRACT NO. 481, CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS, AND GENERALLY LOCATED ALONG PARK RIDGE BOULEVARD AND EAST OF CENTRAL AVENUE, SOUTHLAKE, TEXAS. CURRENT ZONING: "DT" DOWNTOWN DISTRICT. SPIN #8. PUBLIC HEARING TABLED This item was presented in conjunction with items 6B, 6D, 6E and 6F. A motion was made to table Resolution No. 13 -032, specific use permit for single family residential in "DT" Downtown District for Southlake Town Square Brownstones to the September 17, 2013 City Council meeting. Motion: Bledsoe Second: Muller Ayes: Bledsoe, Hill, Muller, Schelling, Terrell, Williamson Nays: Morris Approved: 6 -1 6D. RESOLUTION NO. 13 -033 (ZA13 -054), SPECIFIC USE PERMIT FOR RESIDENTIAL LOFTS IN THE SOUTHLAKE TOWN SQUARE "DT" DOWNTOWN DISTRICT FOR THE RESIDENCES ON PROPERTY DESCRIBED AS LOT 4, BLOCK 4R1, SOUTHLAKE TOWN SQUARE, PHASE I, AN ADDITION TO THE CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS AND LOCATED AT 1471 FEDERAL WAY, SOUTHLAKE, TEXAS. CURRENT ZONING: "DT" DOWNTOWN DISTRICT. SPIN #8. PUBLIC HEARING TABLED REGULAR CITY COUNCIL MEETING MINUTES, SEPTEMBER 3, 2013 Page 7 of 12 This item was presented in conjunction with items 6B, 6C, 6E and 6F. A motion was made to table Resolution No. 13 -033, specific use permit for residential lofts in the Southlake Town Square "DT" Downtown District to the September 17, 2013 City Council meeting. Motion: Bledsoe Second: Muller Ayes: Bledsoe, Hill, Muller, Schelling, Terrell, Williamson Nays: Morris Approved: 6 -1 6E. ZA13 -012, PRELIMINARY PLAT FOR SOUTHLAKE TOWN SQUARE GARDEN DISTRICT AND BROWNSTONES PHASE C ON PROPERTY DESCRIBED AS LOT 24R AND LOTS 25 -35, BLOCK 24, LOTS 1 -16 AND LOT 38, BLOCK 25, LOT 1, BLOCK 28, SOUTHLAKE TOWN SQUARE, BROWNSTONES AT TOWN SQUARE, PHASE B, AN ADDITION TO THE CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS AND TRACT 2A5E, RICHARD EADS SURVEY, ABSTRACT NO. 481, CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS, AND GENERALLY LOCATED ALONG PARK RIDGE BOULEVARD AND EAST OF CENTRAL AVENUE, SOUTHLAKE, TEXAS. CURRENT ZONING: "DT" DOWNTOWN DISTRICT. SPIN #8. TABLED This item was presented in conjunction with items 6B, 6C, 6D and 6F. A motion was made to table ZA3 -012, preliminary plat for Southlake Town Square Garden District and Brownstones to the September 17, 2013 City Council meeting and noting applicant's acceptance to waive the 30 -day requirement. Motion: Bledsoe Second: Muller Ayes: Bledsoe, Hill, Muller, Schelling, Terrell, Williamson Nays: Morris Approved: 6 -1 6F. ZA13 -080, PLAT REVISION FOR SOUTHLAKE TOWN SQUARE GARDEN DISTRICT AND BROWNSTONES PHASE C ON PROPERTY DESCRIBED AS LOT 24R AND LOTS 25 -35, BLOCK 24, LOTS 1 -16 AND LOT 38, BLOCK 25, LOT 1, BLOCK 28, SOUTHLAKE TOWN SQUARE, BROWNSTONES AT TOWN SQUARE, PHASE B, AN ADDITION TO THE CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS AND TRACT 2A5E, RICHARD EADS SURVEY, ABSTRACT NO. 481, CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS, AND GENERALLY LOCATED ALONG PARK RIDGE BOULEVARD AND EAST OF CENTRAL AVENUE, SOUTHLAKE, TEXAS. CURRENT ZONING: "DT" DOWNTOWN DISTRICT. SPIN #8. REGULAR CITY COUNCIL MEETING MINUTES, SEPTEMBER 3, 2013 Page 8 of 12 TABLED This item was presented in conjunction with items 6B, 6C, 6D, and 6E. A motion was made to table ZA13 -080, plat revision for Southlake Town Square Garden District and Brownstones to the September 17, 2013 City Council meeting. Motion: Bledsoe Second: Muller Ayes: Bledsoe, Hill, Muller, Schelling, Terrell, Williamson Nays: Morris Approved: 6 -1 6G. ORDINANCE NO. 480-641 (ZA13 -043), 2 READING, ZONING CHANGE AND CONCEPT PLAN FOR 1833 OUR LANE ON PROPERTY BEING DESCRIBED AS TRACTS 2C11, 2C12 AND 2C13, W. MARTIN SURVEY, ABSTRACT NO. 1068, CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS AND LOCATED AT 1833, 1847 AND 1851 OUR LANE, SOUTHLAKE, TEXAS. CURRENT ZONING: "AG" AGRICULTURAL DISTRICT. PROPOSED ZONING: "SF -1A" SINGLE FAMILY RESIDENTIAL DISTRICT. SPIN #5. PUBLIC HEARING. TABLED Mayor Terrell asked if the applicant representative was present at the meeting. There being no one present to discuss the request, Mayor Terrell recommended Council table the item to the next City Council meeting. 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 table Ordinance No. 480 -641, zoning change and concept plan for 1833 Our Lane to the September 17, 2013 City Council meeting. Approved 7 -0 Motion: Bledsoe Second: Muller Ayes: Bledsoe, Hill, Morris, Muller, Schelling, Terrell, Williamson Approved: 7 -0 6H. CONSIDER A PROPOSAL TO ADOPT A TAX INCREASE AS A RESULT OF THE PROPOSED TAX RATE OF $.462 EXCEEDING THE EFFECTIVE TAX RATE BY 2.9 %. PUBLIC HEARING APPROVED Council did not require a presentation from staff. REGULAR CITY COUNCIL MEETING MINUTES, SEPTEMBER 3, 2013 Page 9 of 12 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 the proposal to adopt a tax increase as a result of the proposed tax rate of $.462 exceeding the effective tax rate by 2.9% with the final vote by City Council scheduled for September 17, 2013 at Town Hall at 6:00 p.m. Motion: Bledsoe Second: Schelling Ayes: Bledsoe, Hill, Morris, Muller, Schelling, Terrell, Williamson Approved: 7 -0 61. ORDINANCE NO. 1070, 1 READING, APPROVE AND ADOPT THE ANNUAL BUDGET FOR THE FISCAL YEAR 2014 AND APPROVE THE REVISED BUDGET FIGURES FOR THE FISCAL YEAR 2013 AND MULTI -YEAR CAPITAL IMPROVEMENTS PROGRAM. (IF APPROVED AT FIRST READING, A PUBLIC HEARING WILL BE HELD ON SEPTEMBER 17, 2013.) APPROVED Council did not require a presentation from staff. A motion was made to approve Ordinance No. 1070, approving and adopting the annual budget for the Fiscal Year 2014 and approving the revised budget figures for the Fiscal Year 2013 and Multi -Year Capital Improvements Program. Motion: Bledsoe Second: Morris Ayes: Bledsoe, Hill, Morris, Schelling, Terrell, Williamson Nays: Muller Approved: 6 -1 6J. ORDINANCE NO. 1071, 1 READING, TAX LEVY ORDINANCE. (IF APPROVED AT FIRST READING, A PUBLIC HEARING WILL BE HELD ON SEPTEMBER 17, 2013.) APPROVED This item was approved with the consent agenda. 6K. ORDINANCE NO. 1072, 1 READING, APPROVE AN ORDINANCE OF THE CITY OF SOUTHLAKE, TEXAS, PROVIDING FOR A RESIDENTIAL HOMESTEAD PROPERTY TAX EXEMPTION. (IF APPROVED AT FIRST READING, A PUBLIC HEARING WILL BE HELD ON SEPTEMBER 17, 2013.) APPROVED This item was approved with the consent agenda. REGULAR CITY COUNCIL MEETING MINUTES, SEPTEMBER 3, 2013 Page 10 of 12 6L. APPROVAL OF AMENDED FISCAL YEAR 2013 CRIME CONTROL AND PREVENTION DISTRICT OPERATING BUDGET AND ADOPTION OF FISCAL YEAR 2014 CRIME CONTROL AND PREVENTION DISTRICT OPERATING BUDGET AND MULTIYEAR CAPITAL IMPROVEMENT PLAN. PUBLIC HEARING APPROVED Council did not require a presentation by staff. 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 the amended Fiscal Year 2013 Crime Control and Prevention District operating budget and adoption of Fiscal year 2014 Crime Control and Prevention District operating budget and Multi -Year Capital Improvement Plan. Motion: Bledsoe Second: Muller Ayes: Bledsoe, Hill, Morris, Muller, Schelling, Terrell, Williamson 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: (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 11:33 p.m. *An audio recording of this meeting will be permanently retained in the City Secretary's Office. (--- gip I IP John C. Terrell Mayor REGULAR CITY COUNCIL MEETING MINUTES, SEPTEMBER 3, 2013 Page 11 of 12 ATTEST , , ` 4�w 7 M i1198 yr ���� {iD�:Cp ds`s � aP6aP p i MP S� r Alicia Richardson, TRMC � `*'= r. °P a y d City Secretary ° ° ° ° ° ° ° tdi * if * Y d+ f �''se «t�tti REGULAR CITY COUNCIL MEETING MINUTES, SEPTEMBER 3, 2013 Page 12 of 12 INVOICE Star - Telegram Customer ID: CIT57 808 Throckmorton St. Invoice Number: 326697011 FORT WORTH, TX 76102 (817) 390 -7761 Invoice Date: 8/17/2013 Federal Tax ID 26- 2674582 Terms: Net due in 21 days Due Date: 8/31/2013 Bill To: SFP - 6 2u13 PO Number: NO PO CITY OF SOUTHLAKE UTHLAKE Order Number: 32669701 1400 MAIN ST FINANCE CITY OF L�E ^,;� i i'✓IFNT STE 440 Sales Rep: 073 SOUTHLAKE, TX 76092 -7604 Description: NOTICE OF PUBLI Attn: Attn: ACCOUNTS PAYABLE Publication Date: 8/17/2013 scn turn P , 74 a , .. , , . , Lo Col Depth Linage IY Rate Amount NOTICE OF PUBLIC HEARING NOTIC . OF SOUTHLAKE TY I3580 20 LINE $3.54 $70.80 T his notice is hereby given to all interested persons that the City Council of the City of Southlake Sales E will be holding a public hearing on ($46.80) September 3, 2013, at 6:00 p.m. or immediately following the work session in the Council Chambers at the Town Hall, 1400 Main Street, Southlake, Texas. RECEIVED The purpose of the hearing is to N e t Amount' $24.00 consider the FY 2014 Annual • Operating Budget and Multiyear CIP for the Southlake Crime Control and Prevention District. A copy of the proposed budget is available S E P 1 1 2 2013 for public inspection in the City Secretary's Office at 1400 Main Street, Suite 270, Southlake, Texas. a OFFICE OF CITY SECRETARY 4+;;711: CHRISTY LYNNE HOLLAND .. = Notary Public. State of Texas di :: •,= My Commission Expires "' + July 31, 2016 I � ' , / /1 .,, THE STATE OF TEXAS • County of Tarrant - Before me, a Notary Public in and for said County and State, this day personally appeared Deborah Baylor Norwood, Bid and Legal Coordinator for the Star - Telegram, published by the Star - Telegram, Inc. at Fort Worth, in Tarrant County, Texas; and who, after being duly sworn, did depose and say that the attached clipping of an advertisement was publish - • in the above named paper on the listed dates: BIDS & LEGAL DEPT. STAR TELEGRAM (817) 215-2323 Signe ` �,�_ , I ? .\ IPA SUBSCRIBED AND SWORN TO BEFORE ME, THIS Thursday, • g st '2, 2013. Notary Publi ' , ■ .IAV! VI _ • • � - • . ∎t�� r i p`tapp/p. - / Thank You For Your Payment Remit To: Star - Telegram Customer ID: CIT57 P.O. BOX 901051 Customer Name: CITY OF SOUTHLAKE FORT WORTH, TX 76101 -2051 Invoice Number: 326697011 Invoice Amount: $24.00 PO Number: NO PO Amount Enclosed: '$ • INVOICE Star - Telegram Customer ID: CIT57 808 Throckmorton St. Invoice Number: A9344751 FORT WORTH, TX 76102 RECEIVED (817) 390 -7761 Invoice Date: 9/6/2013 Federal Tax ID 26- 2674582 Terms: Net due in 21 days 5' L013 Due Date: 9/30/2013 Bill To: QF ` O i r` �r A KE T PO Number: ALICIA DAVENPO CITY OF SOUTHLAKE ' ; ` V E • 1400 MAIN ST Order Number: A934475 STE 440 Sales Rep: 073 SOUTHLAKE, TX 76092 -7604 Description: SOUTHLAKE TAX Attn: Attn: ACCOUNTS PAYABLE Publication Date: 9/6/2013 SOUTHLAKE TAX REVENUE INCREASE I 3 10.5 31.5 INCH $39.00 $1,228.50 Net Amount: $1,228.50 • CHRI51Y LYNNE HOLLAND ! Noloty Public, State of Texas �= tvly Commission Expires %%�' ;�;•� , ; 31. 2016 THE STATE OF TEXAS u Y County of Tarrant Before me, a Notary Public in and for said County and State, this day personally appeared Deborah Baylor Norwood, Bid and Legal Coordinator for the Star - Telegram, published by the Star - Telegram, Inc. at Fort Worth, in Tarrant County, Texas; and who, after being duly sworn, did depose and say that the attached clipping of an advertisement was publish:. • the above named paper on the listed dates: BIDS & LEGAL DEPT. STAR TELEGRAM (817) 215 -2323 Signed , ,w O'b■ L_ SUBSCRIBED AND SWORN TO BEFORE ME, THIS Thursday, S: m er 12, 2013. Y Notary Public _ A , , _1 i1,at,bisM�1�! ■ Thank You For Your Payment Remit To: Star - Telegram Customer ID: CIT57 P.O. BOX 901051 Customer Name: CITY OF SOUTHLAKE FORT WORTH, TX 76101 -2051 Invoice Number: A9344751 Invoice Amount: $1,228.50 PO Number: ALICIA DAVENPORT Amount Enclosed: $ Notice of Public Hearing on Tax Increase The City of Southlake, Texas will hold two public hearings on a proposal to increase total tax revenues from properties on the tax roll in the preceding tax year by 2.92 percent (percentage by which proposed tax rate exceeds lower of rollback tax rate or effective tax calculated under 7. Chapter 26, Tax Code). Your individual taxes may increase at a greater or lesser rate, or even decrease, depending on the change in the taxable '`?T value of your property in relation to the change in taxable value of all other property and the tax rate that is adopted. ri The first public hearing will be held on September 3, 2013 at 6:00 =� _ in Council Chambers at Town Hall 1400 Main Street, Southlake, Texas 76092. The second public hearing will be held on September 17, 2013 at 6:00 in Council Chambers at Town Hall 1400 Main Street, Southlake, Texas 76092. The members of the governing body voted on the proposal to consider the tax increase as follows: FOR: 7 John Terrell Martin Schelling Carolyn Morris Brandon Bledsoe Randy Williamson Laura Hill Pamela A. Muller r h AGAINST: 0 None PRESENT and not voting: None ABSENT: None • • The average taxable value of a residence homestead in City of Southlake, Texas last year was $492,334. Based on last year's tax rate of $0.462000 per $100 of taxable value, the amount of taxes imposed last year on the average home was $2,274.58. ; ;x The average taxable value of a residence homestead in City of Southlake, Texas this year is $503,209. If the governing body adopts the effective tax rate for this year of $0.448912 per $100 of taxable value, the amount of taxes imposed this year on the average home would be $2,258.97. If the governing body adopts the proposed tax rate of $0.462000 per - $100 of taxable value, the amount of taxes imposed this year on the average home would be $2,324.83. iFd Members of the public are encouraged to attend the hearings and express their views. 1`