2014-01-21 Regular CC MeetingCiiv Of
SOUTHLAKEsug TEX
REGULAR CITY COUNCIL MEETING: January 21 2014
LOCATION: 1400 Main Street, Southlake, Texas 76092
Council Chambers in Town Hall
WORK SESSION: 5:30 P.M.
1. Call to order
2. Invocation: Nick Billardello
3. Local Business Report
4. Discuss House Bill 259
5. 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 followina 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 Citv Council to
seek advice from the City Attorney as to the posted subject matter of
this City Council meeting.
Section 551.071: Consultation with City Attorney
a. Seek the advice of the city attorney regarding legal issues relating
to aircraft noise and airspace utilization.
b. Seek the advice of the city attorney regarding litigation.
1. Ed Bell Construction Company v. City of Southlake, Cause No.
348-262825-12.
c. Seek the advice of the city attorney regarding legal issues
associated with vesting rights related to Zoning Ordinance 480, as
amended.
City of Southlake values:
Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork
City of Southlake
City Council meeting agenda
January 21, 2014
Page 2 of 7
2. Section 551.072: Deliberation regarding real property.
a. Discuss city acquisition of a common easement as public roadway.
b. Discuss signalized ingress/egress agreement.
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 January 7, 2014 Regular City Council meeting.
B. Approve Facilities Utilization Agreement with Southlake Girls Softball
Association.
C. Approve absences of a Planning and Zoning Commissioner.
D. TABLED ITEMS: (The following items were tabled by the Planning and
Zoning Commission at their January 9, 2014 meeting. The items are
scheduled to be considered by the Planning and Zoning Commission at
their February 6, 2014 meeting. If the Planning and Zoning Commission
makes a recommendation, the City Council Public Hearing is tentatively
scheduled to be considered on February 18, 2014.)
Ordinance 1079, (CP13-004) 1St Reading, Land Use Plan Amendment
from Low Density Residential to Medium Density Residential for
Glenmore Addition, on property described as Lots 1 R1, and 1 R2, Block
1, Owens Addition, an addition to the City of Southlake, Tarrant
County, Texas and Tracts 3H, 3H1, 3J, 3J1, 3J1A, 3J1B, 3J1C, 3J2,
Littleberry G. Hall Survey, Abstract No. 686, Southlake, Tarrant
County, Texas, and located at 280 Shady Oaks Drive and 800, 980,
1000, 1100, 1110, 1120 West Southlake Boulevard, Southlake, Tarrant
County, Texas. Current Zoning: "AG" Agricultural District and "SF -1A"
Single Family Residential District. Proposed Zoning: "R -PUD"
Residential Planned Unit Development District. SPIN #6.
City of Southlake values:
Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork
City of Southlake
City Council meeting agenda
January 21, 2014
Page 3 of 7
2. Ordinance No. 480-649 (ZA13-092), 1St Reading, Zoning Change and
Development Plan for Glenmore Addition on property being described
as Lots 1R1, and 1R2, Block 1, Owens Addition, an addition to the City
of Southlake, Tarrant County, Texas and Tracts 3H, 31-11, 3J, 3J1,
3J 1 A, 3J 1 B, 3J 1 C, 3J2, Littleberry G. Hall Survey, Abstract No. 686,
Southlake, Tarrant County, Texas and being located at 280 Shady
Oaks Drive and 800, 980, 1000, 1100, 1110, 1120 W. Southlake
Boulevard, Southlake, Texas. Current Zoning: "AG" Agricultural District
and "SF -1A" Single Family Residential District. Proposed Zoning: "R -
PUD" Residential Planned Unit Development District. SPIN #6.
3. Ordinance 1082, (CP13-009) 1St Reading, Land Use Plan Amendment
from Low Density Residential to Medium Density Residential for
Remington Estates on property being described as Lot 1, Greg's
Country Acres Addition, and Tracts 2A2 and 2A1 of the S. Freeman
Survey Abstract No. 525, City of Southlake, Tarrant County, Texas,
located at 395, 405 and 413 Shady Lane, Southlake, Texas. Current
Zoning: "AG" Agricultural District and "SF -1A" Single Family
Residential District. Proposed Zoning: "R -PUD" Residential Planned
Unit Development District. SPIN #4.
4. Ordinance No. 480-656, (ZA13-134) 1St Reading, Zoning Change and
Development Plan for Remington Estates on property being described
as Lot 1, Greg's Country Acres Addition, and Tracts 2A2 and 2A1 of
the S. Freeman Survey Abstract No. 525, City of Southlake, Tarrant
County, Texas, located at 395, 405 and 413 Shady Lane, Southlake,
Texas. Current Zoning: "AG" Agricultural District and "SFAX Single
Family Residential District. Proposed Zoning: "R -PUD" Residential
Planned Unit Development District. SPIN #4.
5. Ordinance No. 480-657 (ZA13-135) 1St Reading, Zoning Change and
Concept/Site Plan for Kimball Park on property described as Tracts
WA and 3A2A, Thomas Mahan Survey, Abstract No. 1049, City of
Southlake, Tarrant County, Texas and located at 400 and 470 North
Kimball Avenue, Southlake, Texas. Current Zoning: S -P-2 Generalized
Site Plan District. Proposed Zoning: S -P-2 Generalized Site Plan
District. SPIN #4.
REGULAR AGENDA:
5. Public Forum (The Public Forum will not begin prior to 7:00 p.m. This is the
public's opportunity to address the City Council about non -agenda items. During
this proceeding, the City Council will not discuss, consider or take action on any
City of Southlake values.-
Integrity
alues:Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork
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City Council meeting agenda
January21, 2014
Page 4 of 7
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.
tems:
A. Resolution 13-052 (ZA13-129), Specific Use Permit for a Mass Gathering
Event known as Green Fest Southlake on property being described as
Blocks 7 and 8, and adjacent rights of way, Southlake Town Square,
Phase I, an addition to the City of Southlake, Tarrant County, Texas and
located at 1400 Fountain Place and 1400 East Southlake Boulevard,
Southlake, Texas. Current Zoning: "DT" Downtown District. SPIN #8.
PUBLIC HEARING
7. Ordinances, first readings, and related items:
A. This item was intentionally left blank.
B. Ordinance No. 480-PPPP, 1st Reading, an 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. (if approved, the
public hearing will be held on February 4, 2014.)
C. Ordinance No. 1069, 1st Reading, an amendment to the Southlake Code
of Ordinance, Subpart A, General Ordinances, Chapter 4 "Animals",
Article I, ll, III, and repealing Ordinance No. 530-A and Ordinance No.
530-B as it pertains to the keeping of animals. (if approved, the public
hearing will be held on February 4, 2014.)
8. Resolutions: (There are no items on this agenda.)
9. Other items for consideration:
A. Consider travel request of Deputy Mayor Pro Tem Muller to attend the
National League of Cities Congressional City Conference in Washington,
D.C. - March 8-12, 2014.
B. Discussion of the Retail Analysis Study requests for qualification
submissions received and selection of consulting firms to interview for the
preparation of the study.
C. Consider SV14-001, Variance to Sign Ordinance No. 704, as amended,
for Silver Ridge Assisted Living Facility located at .2001 East Kirkwood
Boulevard, Southlake, Texas.
City of Southlake values:
Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork
City of Southlake
City Council meeting agenda
January 21, 2014
Page 5 of 7
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, January 17, 2014 by 6:00 p.m.,
pursuant to the Texas Gover�n,nggjCode, Chapter 551.
%�• ;` S
�C
Traci Riggs, TRMC
Deputy City Secretary : •••••`••
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
January 21, 2014
Page 6 of 7
EXECUTIVE SESSION
Section 551.071: Consultation with attorne . 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 & Kathleen Farley v. Mark Wilson, National Carriers, Inc., and City of
Southlake; Cause No. 09-15791.
7. Ed Bell Construction Company v. City of Southlake, Cause No. 348-262825-12.
8. Araceli Preljvukaj v. City of Southlake et al, Cause No. 153-267629-13
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 ros ective 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 5.51.076: Deliberation regarding security devices. The City Council may
deliberate the deployment, or specific occasions for implementation of security
personnel or devices.
Section 551.087: Deliberation regarding economic development negotiations. The City
Council may discuss or deliberate regarding commercial or financial information
received from a business prospect that the city seeks to have locate, stay, or expand in
or near the city and which the City is conducting economic development negotiations; or
City of Southlake values:
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City of Southlake
City Council meeting agenda
January 21, 2014
Page 7 of 7
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
0 CITY OF
SOUTH LAKE
TEXAS
REGULAR CITY COUNCIL MEETING MINUTES: JANUARY 21. 2014
LOCATION: 1400 Main Street, Southlake, Texas 76092
City Council Chambers
CITY COUNCIL PRESENT: Mayor John Terrell, Deputy Mayor Pro Tem Pamela Muller,
and Councilmembers, Carolyn Morris, Martin Schelling and Randy Williamson.
CITY COUNCIL ABSENT: Mayor Pro Tem Brandon Bledsoe and Councilmember Laura
Hill
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, Chief Financial
Officer Sharen Jackson, Director of Human Resources Stacey Black, Interim Director of
Information Technology Greg Hendricks, Police Chief Steve Mylett, Senior Director of
Planning and Development Services Ken Baker, Director of Public Works Bob Price,
Deputy Director Cheryl Taylor, City Attorney E. Allen Taylor (present at 6:45 p.m.) and
City Secretary Alicia Richardson.
WORK SESSION:
1. CALL TO ORDER
The Work Session was called to order by Mayor Terrell at 5:40 p.m.
2. INVOCATION
Mr. Nick Billardello 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 Ms. Shawna Lawyer with Markham
Fine Jewelers. Ms. Lawyer provided a description of the services provided, hours of
operation, and location of business.
REGULAR CITY COUNCIL MEETING MINUTES, JANUARY 21, 2014
Page 1 of 10
4. DISCUSS HOUSE BILL 259
City Secretary Alicia Richardson provided Council with an update regarding House Bill
259 that was passed during the 83 Legislative Session. Ms. Richardson informed
Council the bill amends two sections of the Texas Election Code 61.003 and 85.036
that pertain to electioneering and loitering near polling place. The bill requires an entity
that owns or control a public building used as a polling location to allow electioneering
on the building's premises as long as it is performed outside the 100 -foot electioneering
distance marker. House Bill 259 defines electioneering as the posting, use, or
distribution of political sign or literature. Ms. Richardson provided Council with an aerial
view of Town Hall to explain and show the areas that are within 100 -feet of an entrance
door to the building. Ms. Richardson also showed the limited areas located outside the
100 -foot distance marker where a person may electioneer on the building's premises.
Ms. Richardson informed Council that House Bill 259 does not prohibit the City from
enforcing the City's sign and park ordinances. The City will continue to prohibit signs
from being placed within public right -of -way and City parks.
Council discussed House Bill 259 and its applicability to Southlake Town Hall. Council
discussed the areas located outside the 100 -foot distance marker and how they are
limited and not conducive to placement of signage. Council also discussed the
importance of conveying to persons electioneering outside the 100 -foot distance marker
at Town Hall that they cannot impede the flow of pedestrian traffic. The consensus of
Council is to convey the message that based on research and the layout of Town Hall
there will not be areas available to post signage unless it is on their person.
5. DISCUSS ALL ITEMS ON TONIGHT'S MEETING AGENDA. NO ACTION WILL BE
TAKEN AND EACH ITEM WILL BE CONSIDERED DURING THE REGULAR
SESSION.
Mayor Terrell read the consent agenda items.
REGULAR SESSION:
1. CALL TO ORDER
The Regular Session of the City Council was called to order by Mayor Terrell at 6:01
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 and Section 551.072, deliberation regarding real property. City Council
adjourned for Executive Session at 6:01 p.m. Executive Session began at 6:17 p.m.
and concluded at 7:07 p.m.
REGULAR CITY COUNCIL MEETING MINUTES, JANUARY 21, 2014
Page 2 of 10
2B. RECONVENE
Mayor Terrell reconvened the meeting at 7:09 p.m. Mayor Terrell asked if any action
was necessary from Executive Session.
3A. MAYOR'S REPORT
No report was given.
3B. CITY MANAGER'S REPORT
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 JANUARY 7, 2014 REGULAR CITY
COUNCIL MEETING.
4B. APPROVE FACILITIES UTILIZATION AGREEMENT WITH SOUTHLAKE
GIRLS SOFTBALL ASSOCIATION.
4C. APPROVE ABSENCES OF A PLANNING AND ZONING COMMISSIONER.
4D. TABLED ITEMS:
1. ORDINANCE 1079, (CP13 -004) 1 READING, LAND USE PLAN
AMENDMENT FROM LOW DENSITY RESIDENTIAL TO MEDIUM
DENSITY RESIDENTIAL FOR GLENMORE ADDITION, ON PROPERTY
DESCRIBED AS LOTS 1R1, AND 1R2, BLOCK 1, OWENS ADDITION,
AN ADDITION TO THE CITY OF SOUTHLAKE, TARRANT COUNTY,
TEXAS AND TRACTS 3H, 3H1, 3J, 3J1, 3J1A, 3J1B, 3J1C, 3J2,
LITTLEBERRY G. HALL SURVEY, ABSTRACT NO. 686, SOUTHLAKE,
TARRANT COUNTY, TEXAS, AND LOCATED AT 280 SHADY OAKS
DRIVE AND 800, 980, 1000, 1100, 1110, 1120 WEST SOUTHLAKE
BOULEVARD, SOUTHLAKE, TARRANT COUNTY, TEXAS. CURRENT
ZONING: "AG" AGRICULTURAL DISTRICT AND "SF -1A" SINGLE
FAMILY RESIDENTIAL DISTRICT. PROPOSED ZONING: "R -PUD"
RESIDENTIAL PLANNED UNIT DEVELOPMENT DISTRICT. SPIN #6.
2. ORDINANCE NO. 480 -649 (ZA13 -092), 1 READING, ZONING
CHANGE AND DEVELOPMENT PLAN FOR GLENMORE ADDITION
ON PROPERTY BEING DESCRIBED AS LOTS 1R1, AND 1R2, BLOCK
REGULAR CITY COUNCIL MEETING MINUTES, JANUARY 21, 2014
Page 3 of 10
1, OWENS ADDITION, AN ADDITION TO THE CITY OF SOUTHLAKE,
TARRANT COUNTY, TEXAS AND TRACTS 3H, 3H1, 3J, 3J1, 3J1A,
3J1B, 3J1C, 3J2, LITTLEBERRY G. HALL SURVEY, ABSTRACT NO.
686, SOUTHLAKE, TARRANT COUNTY, TEXAS AND BEING
• LOCATED AT 280 SHADY OAKS DRIVE AND 800, 980, 1000, 1100,
1110, 1120 W. SOUTHLAKE BOULEVARD, SOUTHLAKE, TEXAS.
CURRENT ZONING: "AG" AGRICULTURAL DISTRICT AND "SF -1A"
SINGLE FAMILY RESIDENTIAL DISTRICT. PROPOSED ZONING: "R-
PUD" RESIDENTIAL PLANNED UNIT DEVELOPMENT DISTRICT. SPIN
#6.
3. ORDINANCE 1082, (CP13 -009) 1 ST READING, LAND USE PLAN
AMENDMENT FROM LOW DENSITY RESIDENTIAL TO MEDIUM
DENSITY RESIDENTIAL FOR REMINGTON ESTATES ON PROPERTY
BEING DESCRIBED AS LOT 1, GREG'S COUNTRY ACRES ADDITION,
AND TRACTS 2A2 AND 2A1 OF THE S. FREEMAN SURVEY
ABSTRACT NO. 525, CITY OF SOUTHLAKE, TARRANT COUNTY,
TEXAS, LOCATED AT 395, 405 AND 413 SHADY LANE, SOUTHLAKE,
TEXAS. CURRENT ZONING: "AG" AGRICULTURAL DISTRICT AND
"SF -1A" SINGLE FAMILY RESIDENTIAL DISTRICT. PROPOSED
ZONING: "R -PUD" RESIDENTIAL PLANNED UNIT DEVELOPMENT
DISTRICT. SPIN #4.
4. ORDINANCE NO. 480 -656, (ZA13 -134) 1 ST READING, ZONING
CHANGE AND DEVELOPMENT PLAN FOR REMINGTON ESTATES
ON PROPERTY BEING DESCRIBED AS LOT 1, GREG'S COUNTRY
ACRES ADDITION, AND TRACTS 2A2 AND 2A1 OF THE S. FREEMAN
SURVEY ABSTRACT NO. 525, CITY OF SOUTHLAKE, TARRANT
COUNTY, TEXAS, LOCATED AT 395, 405 AND 413 SHADY LANE,
SOUTHLAKE, TEXAS. CURRENT ZONING: "AG" AGRICULTURAL
DISTRICT AND "SF -1A" SINGLE FAMILY RESIDENTIAL DISTRICT.
PROPOSED ZONING: "R -PUD" RESIDENTIAL PLANNED UNIT
DEVELOPMENT DISTRICT. SPIN #4.
5. ORDINANCE NO. 480 -657 (ZA13 -135) 1 ST READING, ZONING
CHANGE AND CONCEPT /SITE PLAN FOR KIMBALL PARK ON
PROPERTY DESCRIBED AS TRACTS 3A1A AND 3A2A, THOMAS
MAHAN SURVEY, ABSTRACT NO. 1049, CITY OF SOUTHLAKE,
TARRANT COUNTY, TEXAS AND LOCATED AT 400 AND 470 NORTH
KIMBALL AVENUE, SOUTHLAKE, TEXAS. CURRENT ZONING: S -P -2
GENERALIZED SITE PLAN DISTRICT. PROPOSED ZONING: S -P -2
GENERALIZED SITE PLAN DISTRICT. SPIN #4.
APPROVED
Mayor Terrell recommended that item 9A— travel request of Deputy Mayor Pro Tem
Muller be moved to the consent agenda. There was no objection from Council.
REGULAR CITY COUNCIL MEETING MINUTES, JANUARY 21, 2014
Page 4 of 10
A motion was made to approve the consent agenda as presented to include item 9A.
Motion: Muller
Second: Morris
Ayes: Morris, Muller, Schelling, Terrell, Williamson
Approved: 5 -0
5. PUBLIC FORUM
Mayor Terrell opened the public forum. There being no one wishing to speak, Mayor
Terrell closed the public forum.
6. ORDINANCES, SECOND READINGS, PUBLIC HEARINGS, AND RELATED
ITEMS:
6A. RESOLUTION 13-052 (ZA13 -129), SPECIFIC USE PERMIT FOR A MASS
GATHERING EVENT KNOWN AS GREEN FEST SOUTHLAKE ON
PROPERTY BEING DESCRIBED AS BLOCKS 7 AND 8, AND ADJACENT
RIGHTS OF WAY, SOUTHLAKE TOWN SQUARE, PHASE I, AN ADDITION
TO THE CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS AND LOCATED
AT 1400 FOUNTAIN PLACE AND 1400 EAST SOUTHLAKE BOULEVARD,
SOUTHLAKE, TEXAS. CURRENT ZONING: "DT" DOWNTOWN 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 Audra Lewandowski presented request and provided Council
with details of the upcoming event. Ms. Lewandowski informed Council that Green Fest
Southlake is partnering with Bob Jones Nature Center for their event.
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 Resolution 13 -052 (ZA13 -129), specific use permit for a
mass gathering event known as Green Fest Southlake to include the following:
• Event is planned to be held on Saturday, March 29, 2014 from 10 a.m. to 5
p.m. (set up time 8 a.m.);
• There will be up to forty -two (42) tents and /or exhibit booths set up in the
Rustin Park area and Fountain Place;
• Automobiles — they may have hybrid vehicles on display along Fountain Place
for the day;
• Bounce houses in place of the title sponsor tent areas (tentative);
REGULAR CITY COUNCIL MEETING MINUTES, JANUARY 21, 2014
Page 5 of 10
• Exhibitors will have the option to sell products;
• Requesting approval of Specific Use Permit for up to five (5) years, unless the
scope of the event changes;
• Sign proposal that includes 44 signs - 24 -inch by 24 -inch placed at various
locations throughout the City six days prior to the event date for promotional
purpose; and
• Subject to staff report dated January 8, 2014.
Motion: Muller
Second: Morris
Ayes: Morris, Muller, Schelling, Terrell, Williamson
Approved: 5 -0
In accordance with Section 4.21 of the City Charter, the caption for this item is listed as
follows:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS,
GRANTING A SPECIFIC USE PERMIT FOR A MASS GATHERING EVENT FOR
SOUTHLAKE GREEN FEST EVENT ON PROPERTY LOCATED AT 1400 FOUNTAIN
PLACE AND 1400 E SOUTHLAKE BOULEVARD BEING LEGALLY DESCRIBED AS
BLOCKS 7 AND 8, AND ADJACENT RIGHT -OF -WAY, SOUTHLAKE TOWN SQUARE,
PHASE I, MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A ", AND AS
DEPICTED ON THE APPROVED SITE PLAN ATTACHED HERETO AND
INCORPORATED HEREIN AS EXHIBIT "B" AND PROVIDING AN EFFECTIVE DATE.
7. ORDINANCES, FIRST READINGS, AND RELATED ITEMS:
7A. THIS ITEM WAS INTENTIONALLY LEFT BLANK.
7B. ORDINANCE NO. 480 -PPPP, 1 READING, AN 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. (IF APPROVED, THE PUBLIC
HEARING WILL BE HELD ON FEBRUARY 4, 2014.)
APPROVED
Senior Director of Planning and Development Services Ken Baker presented item and
was available to answer questions from Council. Mr. Baker advised Council this is a
companion item to 7C— Ordinance No. 1069. The purpose of Ordinance No. 480 -
PPPP, is to address the functionality of the minimum space requirements for grazing of
animals within residential districts; the inclusion of Single Family 20 -A and B zoning
districts for land areas greater than one acre in size; and removing nuisance language
that will be incorporated in the animal control ordinance.
REGULAR CITY COUNCIL MEETING MINUTES, JANUARY 21, 2014
Page 6 of 10
Mayor Terrell advised Council that staff would present item 7C— Ordinance No. 1069,
which would be followed by Council discussion and taking separate action on each item.
Police Chief Steve Mylett presented item and was available to answer questions from
Council. The proposed ordinance is coming forward as the result of the agreement
entered into by Colleyville, Keller and Southlake to consolidate animal control services.
Mr. Mylett advised Council the proposed ordinance had several renditions and the
proposed ordinance for Council's consideration provides clear language based on state
law and best practices and delineates responsibilities, limitations and prohibitions
pertaining to the caring, keeping and maintenance of animals, insects, fowl and reptiles.
The proposed ordinance changes the holding period for impounded animals from seven
(7) to three (3) days, with limited exceptions and provides a fee schedule for the
following: animal removal from private traps, replacement tag, microchip implanting,
adoption, daily impound, pick up impound, quarantine, surrender fee, euthanasia, exotic
pet, dead animal removal and registration of dangerous dog. Mr. Mylett informed
Council that staff received public comment at the August 12, 2013 SPIN meeting.
Based on feedback at this meeting the proposed animal registration fees were
eliminated from the ordinance. Mr. Mylett introduced Captain Michael Wilson with the
City of Keller who was present to answer questions related to the proposed ordinance.
Council and staff discussed the proposed ordinance. Council provided comments on
the following and asked staff to research and address prior to second reading of the
ordinance: removing limit on number of fowls; mechanism to determine if the number of
fowls is a nuisance; animals in residential areas - limitations; public nuisances specific to
the feeding and watering of stray animals; are registration tags required if animal is
micro chipped; the shortened length of time animals are maintained at center before
being eligible for adoption; including pictures of animals on the Animal Center's website;
criteria for citizen to maintain a prohibited animal; add definition language for traps
(placed in shade); vaccination requirement of elderly animals; and additional language
or definition for micro chipping.
Mayor Terrell recessed the meeting at 8:46 p.m.
Mayor Terrell convened the meeting at 9:00 p.m.
A motion was made to approve Ordinance No. 480 -PPPP, an 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.
Motion: Muller
Second: Morris
Ayes: Morris, Muller, Schelling, Terrell, Williamson
Approved: 5 -0
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7C. ORDINANCE NO. 1069, 1 READING, AN AMENDMENT TO THE
SOUTHLAKE CODE OF ORDINANCE, SUBPART A, GENERAL
ORDINANCES, CHAPTER 4 "ANIMALS ", ARTICLE 1, 11, III, AND REPEALING
ORDINANCE NO. 530 -A AND ORDINANCE NO. 530 -B AS IT PERTAINS TO
THE KEEPING OF ANIMALS. (IF APPROVED, THE PUBLIC HEARING WILL
BE HELD ON FEBRUARY 4, 2014.)
APPROVED
This item was discussed in conjunction with item 7B.
Mayor Terrell announced the public hearing would be conducted on February 4, 2014,
but would allow anyone present in the audience to speak on the item.
Ms. Lisa Stokdyk, 720 North Peytonville, commented on the proposed ordinance.
Mr. Edward Roach, 1319 Westmont Court, commented on the proposed ordinance.
Mayor Pro Tem Muller advised that she would forward her comments to Police Chief
Mylett.
Council member Williamson expressed his concern with the three -day period for
impoundment of animals. He commented that he liked Mr. Roach's suggestion to
incorporate language for additional time in shelter if an animal is registered with the
Animal Center.
Council member Morris expressed that she would like to see pictures of lost and found
animals placed on the Animal Shelter's website; an increase in time that animals are
retained at the center and flexibility in the number of indoor pets.
A motion was made to approve Ordinance No. 1069, an 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 and to have staff investigate issues discussed by Council.
Motion: Muller
Second: Schelling
Ayes: Morris, Muller, Schelling, Terrell, Williamson
Approved: 5 -0
8. RESOLUTIONS: (THERE ARE NO ITEMS ON THIS AGENDA)
9. OTHER ITEMS FOR CONSIDERATION:
9A. CONSIDER TRAVEL REQUEST OF DEPUTY MAYOR PRO TEM MULLER TO
ATTEND THE NATIONAL LEAGUE OF CITIES CONGRESSIONAL CITY
CONFERENCE IN WASHINGTON, D.C. - MARCH 8 -12, 2014.
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Page 8 of 10
APPROVED
This item was approved with the consent agenda.
Mayor Terrell moved to item 9C.
9C. CONSIDER SV14 -001, VARIANCE TO SIGN ORDINANCE NO. 704, AS
AMENDED, FOR SILVER RIDGE ASSISTED LIVING FACILITY LOCATED AT
2001 EAST KIRKWOOD BOULEVARD, SOUTHLAKE, TEXAS.
APPROVED
Senior Director of Planning and Development Services Ken Baker presented item and
was available to answer questions from Council.
Applicant representative David Keener presented request and was available to answer
questions from Council.
A motion was made to approve SV14 -001, variance to Sign Ordinance No. 704, as
amended, for Silver Ridge Assisted Living Facility as proposed in the packet.
Motion: Muller
Second: Morris
Ayes: Morris, Muller, Schelling, Terrell, Williamson
Approved: 5 -0
Mayor Terrell moved to item 9B.
9B. DISCUSSION OF THE RETAIL ANALYSIS STUDY REQUESTS FOR
QUALIFICATION SUBMISSIONS RECEIVED AND SELECTION OF
CONSULTING FIRMS TO INTERVIEW FOR THE PREPARATION OF THE
STUDY.
APPROVED
Senior Director of Planning and Development Services Ken Baker informed Council this
item was placed on the agenda at the request of Council. Staff has received four
submissions for the retail analysis study. A copy of the submittals has been provided to
Council for their review. Staff is recommending the City interview all firms that provided
a submittal. At the direction provided at the last meeting, Mayor Terrell and Council
member Schelling will assist staff in the interview process. Staff will bring forward a
recommendation to Council.
9C. CONSIDER SV14 -001, VARIANCE TO SIGN ORDINANCE NO. 704, AS
AMENDED, FOR SILVER RIDGE ASSISTED LIVING FACILITY LOCATED AT
2001 EAST KIRKWOOD BOULEVARD, SOUTHLAKE, TEXAS.
APPROVED
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Page 9 of 10
This item was discussed earlier in the meeting.
10. OTHER ITEMS FOR DISCUSSION: (THERE ARE NO ITEMS ON THIS
AGENDA)
11. MEETING ADJOURNED.
Mayor Terrell adjourned the meeting at 9:32 p.m.
*An audio recording of this meeting will be permanently retained in the City Secretary's
Office.
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John C. Terrell
Mayor
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REGULAR CITY COUNCIL MEETING MINUTES, JANUARY 21, 2014
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