2014-02-04 Regular CC MeetingCITY OF
SOUTHLAKE
TEXAS
REGULAR CITY COUNCIL MEETING: February 4, 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: Drew Johnson
3. Local Business Report
4. Update on Community Recreation Center — Schematic Design
5. Discuss all items on tonight's agenda
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.
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.
2. 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.
City of Southlake values.-
Integrity
alues:Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork
City of Southlake
City Council meeting agenda
February 4, 2014
Page 2 of 8
2. Section 551.074: Deliberation regarding personnel matters
a. Deliberate the appointment, employment, evaluation, reassignment,
duties, discipline, or dismissal of the City Manager.
B. Reconvene: Action necessary on items discussed in Executive Session.
3. REPORTS:
A. Mayor's Report
1. American Heart Association — Go Red
2. Honoring Sandra LeGrand, former Southlake City Secretary
B. City Manager's Report
1. Honors and Recognitions
a. TRAPS North Region Awards
1. Excellence in Programming (cities under 75,000) —
Therapeutic Recreation Program
2. Park Design Excellence (cities under 75,000) — North Park
3. Recreation Professional of the Year (cities under 75,000) —
Ryan McGrail
b. 2014 MidWest Section Texas APA Planner of the Year — Senior
Director of Planning and Development Services Ken Baker
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 21, 2014 Regular City Council meeting.
B. Award contract to Durable Specialties, Inc. for the installation of FM1709
illuminated street name sign and battery back-up project in the amount of
$470,000.
C. Approve permit for CISD Art Exhibit April 25-27, 2014 in Town Hall Lobby.
D. Resolution No. 14-004, Appoint a Chairperson of the Board of Directors of
Tax Increment Reinvestment Zone Number One for the 2014 calendar
year.
E. Ordinance No. 1083, 1St Reading, Approve ordinance to dedicate right of
way and easement from City property located at 1200 North White Chapel
City of Southlake values.-
Integrity
alues:Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork
City of Southlake
City Council meeting agenda
February 4, 2014
Page 3 of 8
Boulevard and 400 North White Chapel Boulevard for the North White
Chapel Boulevard widening project. (if approved the Public Hearing will
be held February 18, 2014.)
F. Approve a Community Events Participation Agreement with Southlake
Women's Club for the 2014 Art in the Square event.
G. Approve a Community Events Participation Agreement with Bob Jones
Nature Center, Inc. for the 2014 Southlake Green Fest event.
H. TABLED ITEMS: (The following items were previously tabled by the
Planning and Zoning Commission. These 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 March 4, 2014.)
1. Ordinance 1079, (CP13-004) 1s' 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.
2. Ordinance No. 480-649 (ZA13-092), 1St Reading, Zoning Change and
Development Plan for Glenmore Addition on property being 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,
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,
City of Southlake values.-
Integrity
alues:Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork
City of Southlake
City Council meeting agenda
February 4, 2014
Page 4 of 8
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 "SF -1A" 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
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.
6. Ordinance 1084, (CP13-010) 1St Reading, Land Use Plan Amendment
from Low Density Residential to Medium Density Residential and a
Text Amendment to write in a site specific recommendation to allow an
assisted living facility for Harborchase of Southlake on property
described as Lot 2, Block 1, Owens Addition, an addition to the City of
Southlake, Tarrant County, Texas and located at 250 Shady Oaks
Drive, Southlake, Tarrant County, Texas. Current Zoning: "AG"
Agricultural District. Proposed Zoning: "S -P-1" Detailed Site Plan
District. SPIN #6.
7. Ordinance No. 480-658 (ZA13-138) 1St Reading, Zoning Change and
Site Plan for Harborchase of Southlake on property described as Lot 2,
Block 1, Owens Addition, an addition to the City of Southlake, Tarrant
County, Texas and located at 250 Shady Oaks Drive, Southlake,
Tarrant County, Texas. Current Zoning: "AG" Agricultural District.
Proposed Zoning: "S -P-1" Detailed Site Plan District. SPIN #6.
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 ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork
City of Southlake
City Council meeting agenda
February 4, 2014
Page 5 of 8
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. ZA13-141, Site Plan for Apeizza e Vino on property being described as
Lot 3, Block 1, Cornerstone Plaza, an addition to the City of Southlake,
Tarrant County, Texas and located at 2757 East Southlake Boulevard,
Southlake, Texas. Current Zoning: "S -P-2" Generalized Site Plan District.
SPIN # 8. PUBLIC HEARING
B. Resolution No. 14-002 (ZA13-145), Specific Use Permit for a Mass
Gathering Event known as the Gateway Church Fall Festival on property
being described as Lot 1, Block 1, Gateway Church - 114 Campus, an
addition to the City of Southlake, Tarrant County, Texas and located at
700 Blessed Way, Southlake, Texas. Current Zoning: "NR -PUD" Non -
Residential Planned Unit Development District. SPIN #3. PUBLIC
HEARING
C. Ordinance No. 480-PPPP, 2nd 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. PUBLIC HEARING
D. Ordinance No. 1069, 2nd Reading, 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. 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.
City of Southlake values:
Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork
City of Southlake
City Council meeting agenda
February 4, 2014
Page 6 of 8
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 31, 2014 by 6:00 p.m.,
pursuant to the Texas Government Code Chapter 551.
1'1t,1111111,,,,.`t
4• 'Nc
Alicia Richardson, TRMC ;�� :• •�
City Secretary •
I,rll A!.1i1111
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
alues:Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork
City of Southlake
City Council meeting agenda
February 4, 2014
Page 7 of 8
EXECUTIVE SESSION
Section 551.071: Consultation with attorney. The City Council may conduct a private
consultation with its attorney when the City Council seeks the advice of its attorney
concerning any item on this agenda, about pending and contemplated litigation, or a
settlement offer, or on a matter in which the duty of the attorney to the City Council
under the Texas Disciplinary Rules of Professional Conduct of the State Board of Texas
clearly conflicts with Chapter 551. This includes the following pending and/or
contemplated litigation subjects:
1. Pending Public Information Act requests.
2. Texas Attorney General litigation defending the constitutionality of the Texas
Open Meetings Act.
3. Legal issues regarding the Barnett Shale gas extraction and transportation.
4. Legal issues related to property located at 3100, 3110, and 3112 East Southlake
Boulevard.
5. City of Southlake v. Ashwin J. Babaria, et al; Cause No. 2011-006149-3; eminent
domain action regarding property located at 1470 North Kimball Avenue,
Southlake, Texas.
6. James & 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 prospective gift or donation. The City Council
may conduct a closed meeting to deliberate a negotiated contract for a prospective gift
or donation to the City.
Section 551.074: Deliberation regarding personnel matters. The City Council may
deliberate the appointment, employment, evaluation, reassignment, duties, discipline, or
dismissal of public officers, including the City Manager, City Secretary, City Attorney,
Municipal Judge and city boards and commission members. A complete list of the city
boards and commissions is on file in the City Secretary's Office.
Section 551.076: Deliberation regarding security devices. The City Council may
deliberate the deployment, or specific occasions for implementation of security
personnel or devices.
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.-
Integrity
alues:Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork
City of Southlake
City Council meeting agenda
February 4, 2014
Page 8 of 8
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
SOUTHLAKE
TEXAS
REGULAR CITY COUNCIL MEETING MINUTES: FEBRUARY 4.2014
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: None
STAFF PRESENT: City Manager Shana Yelverton, Assistant City Manager Alison
Ortowski, Communication and Website Manager Pilar Schank, Director of Community
Services Chris Tribble, Deputy Director of Community Services Candice Edmondson,
Chief Financial Officer Sharen Jackson, Director of Human Resources Stacey Black,
Deputy 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 of Public Works Cheryl Taylor, 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 5:30 p.m.
2. INVOCATION
Mr. Drew Johnson 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 Presley Miller with Soar Music
School. Mr. Miller provided a description of the services provided, hours of operation,
and location of business.
REGULAR CITY COUNCIL MEETING MINUTES, FEBRUARY 4, 2014
Page 1 of 12
4. UPDATE ON COMMUNITY RECREATION CENTER — SCHEMATIC DESIGN
Director Chris Tribble provided Council with a thorough review of the schematic design
for the Community Recreation Center. Mr. Tribble's review included Phase 1
(community /senior wing) and Phase 2 (recreation /fitness /aquatics wing); main entry and
courtyard; recreational areas that include a community back porch, sun deck, artificial
turf field, promenade, retail connection, and amphitheater. Mr. Tribble also presented
designs of the interior of the community recreation center as it will be built in Phase 1
and Phase 2. The Council was also presented with elevations of the Community
Recreation Center. Mr. Tribble reviewed the project schedule for Phase 1 and 2, which
begins with the design in August 2013; followed by construction in August 2014 for
Phase 1 and August 2015 for Phase 2; and substantial completion in September 2015
for Phase 1 and December 2016 for Phase 2. Mr. Tribble shared with Council that
citizens may locate additional information regarding the Community Recreation Center
at www.southlakeCRC.com.
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 6:05
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 551.074, deliberation regarding personnel matters. City Council
adjourned for Executive Session at 6:06 p.m. Executive Session began at 6:10 p.m.
and concluded at 7:00 p.m.
2B. RECONVENE
Mayor Terrell reconvened the meeting at 7:08 p.m. Mayor Terrell asked if any action
was necessary from Executive Session.
A motion was made to approve a proposed settlement agreement and related
settlement and dismissal documents in Cause No. 348 - 262825 -12, Styled: "Ed Bell
Construction Company v. City of Southlake."
REGULAR CITY COUNCIL MEETING MINUTES, FEBRUARY 4, 2014
Page 2 of 12
Motion: Bledsoe
Second: Morris
Ayes: Bledsoe, Hill, Morris, Muller, Schelling, Terrell, Williamson
Approved: 7 -0
3A. MAYOR'S REPORT
Deputy Mayor Pro Tem Muller announced that tax aide is available at Southlake Town
Hall every Thursday beginning with February 6 through the tax season. Interested
persons are encouraged to call the Southlake Library to schedule an appointment. The
volunteers will be providing assistance in the third floor training rooms.
3A1. AMERICAN HEART ASSOCIATION — GO RED
Mayor Terrell announced that Council is showing their support of the American Heart
Association and the Go Red Initiative. Mayor Terrell asked Council member Hill to
present information on the City's effort to support the initiative. Council member Hill
informed the public that the City of Southlake is partnering with Southlake Texas Health
Harris Methodist to educate citizens of Southlake on the value of learning hands -only
cardiopulmonary resuscitation (CPR). Council member Hill introduced Ms. Traci
Bernard of Texas Health Harris Methodist and Ms. Amanda Haggerty of American Heart
Association and invited both to comment on the upcoming event.
Ms. Haggerty commented that heart disease is the number one killer of men and
women. She advised the month of February is "National Heart Month" and the
American Heart Association uses the opportunity to educate the public on risks
associated with heart disease. The City of Southlake, American Heart Association and
Texas Health Harris Methodist have partnered to conduct a Staying Alive Event that
educates the public on hands -only cardiopulmonary resuscitation (CPR). The event will
take place on Saturday, February 15, 2014 at the Southlake DPS North Training
Facility, 100 East Dove Road beginning at 10:00 a.m. and concluding at 4:00 p.m.
3A2. HONORING SANDRA LEGRAND, FORMER SOUTHLAKE CITY SECRETARY
Mayor Terrell announced that former city secretary Sandra LeGrand passed away last
week. Ms. LeGrand served the City of Southlake for 25 years. Mayor Terrell
recognized Commissioner and former mayor Gary Fickes to comment on his working
relationship with Sandra LeGrand.
Mayor Terrell also recognized Deputy Mayor Pro Tem Muller and asked her to comment
on the service Sandra LeGrand provided to the City of Southlake.
3B. CITY MANAGER'S REPORT
REGULAR CITY COUNCIL MEETING MINUTES, FEBRUARY 4, 2014
Page 3 of 12
3B1. HONORS AND RECOGNITIONS —
A. TRAPS NORTH REGION AWARDS
1. Excellence in Programming (cities under 75,000) — Therapeutic Recreation
Program
2. Park Design Excellence (cities under 75,000) — North Park
3. Recreation Professional of the Year (cities under 75,000) — Ryan McGrail
City Manager Shana Yelverton recognized and congratulated the following employees
for their outstanding dedication to their profession.
Mr. Ryan McGrail was selected as the 2013 Recreation Professional of the Year for the
North Region of Texas. Mr. McGrail has been employed with the City of Southlake for
sixteen (16) years. Mr. McGrail's dedication is not only displayed in his work with the
City of Southlake. He serves as the Texas Amateur Athletic Federation Region IV
Director and NFL Punt, Pass and Kick Dallas Cowboys State Chairman for Texas and
Oklahoma.
The City's Therapeutic Recreation Program was recently recognized as Excellence in
Programming. Ms. Amy Bennett and Mr. Steve Moore were present to receive the
award on behalf of Community Services.
Mr. Peter Kao and Director of Community Services Chris Tribble on behalf of the City of
Southlake and in conjunction with Schrickel, Rollins and Associates were recognized on
the design of North Park.
In September 2013, the City of Southlake was awarded with the Texas Amateur Athletic
Federation (TAAF) Platinum member city award. The award is given for outstanding
registration support for teens, individuals and TAAF training programs. Southlake is the
only city in our region to receive the platinum level award.
B. 2014 MIDWEST SECTION TEXAS APA PLANNER OF THE YEAR — SENIOR
DIRECTOR OF PLANNING AND DEVELOPMENT SERVICES KEN BAKER
Ms. Yelverton recognized the Planning and Development Services department for
receiving the 2013 Comprehensive Planning Award for Southlake 2030. The award
was presented by the Texas Chapter of the American Planning Association to the City
of Southlake. Ms. Yelverton recognized and thanked Lorrie Fletcher, Daniel Cortez,
Dennis Killough, Richard Schell, and Ken Baker for their efforts and the development of
Southlake 2030.
Ms. Yelverton informed Council that Senior Director of Planning and Development
Services Ken Baker received the inaugural Midwest Section Texas American Planning
Association (APA) Planner of the Year.
Ms. Yelverton congratulated and thanked all staff members for their recognitions.
REGULAR CITY COUNCIL MEETING MINUTES, FEBRUARY 4, 2014
Page 4 of 12
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 21, 2014 REGULAR CITY
COUNCIL MEETING.
4B. AWARD CONTRACT TO DURABLE SPECIALTIES, INC. FOR THE
INSTALLATION OF FM1709 ILLUMINATED STREET NAME SIGN AND
BATTERY BACK -UP PROJECT IN THE AMOUNT OF $470,000.
4C. APPROVE PERMIT FOR CISD ART EXHIBIT APRIL 25 -27, 2014 IN TOWN
HALL LOBBY.
4D. RESOLUTION NO. 14 -004, APPOINT A CHAIRPERSON OF THE BOARD OF
DIRECTORS OF TAX INCREMENT REINVESTMENT ZONE NUMBER ONE
FOR THE 2014 CALENDAR YEAR.
As recommended by the Board of Directors of the Tax Increment Reinvestment Zone
Number One, Council appointed Brandon Bledsoe as Chairperson.
In accordance with Section 4.21 of the City Charter, the caption for this item is listed as
follows:
A RESOLUTION OF THE CITY OF SOUTHLAKE, TEXAS, APPOINTING A
CHAIRPERSON OF THE BOARD OF DIRECTORS OF TAX INCREMENT
REINVESTMENT ZONE NUMBER ONE, AND PROVIDING AN EFFECTIVE
DATE.
4E. ORDINANCE NO. 1083, 1 READING, APPROVE ORDINANCE TO
DEDICATE RIGHT OF WAY AND EASEMENT FROM CITY PROPERTY
LOCATED AT 1200 NORTH WHITE CHAPEL BOULEVARD AND 400 NORTH
WHITE CHAPEL BOULEVARD FOR THE NORTH WHITE CHAPEL
BOULEVARD WIDENING PROJECT. (IF APPROVED THE PUBLIC HEARING
WILL BE HELD FEBRUARY 18, 2014.)
4F. APPROVE A COMMUNITY EVENTS PARTICIPATION AGREEMENT WITH
SOUTHLAKE WOMEN'S CLUB FOR THE 2014 ART IN THE SQUARE EVENT.
4G. APPROVE A COMMUNITY EVENTS PARTICIPATION AGREEMENT WITH
BOB JONES NATURE CENTER, INC. FOR THE 2014 SOUTHLAKE GREEN
FEST EVENT.
4H. TABLED ITEMS:
REGULAR CITY COUNCIL MEETING MINUTES, FEBRUARY 4, 2014
Page 5 of 12
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 1 R2, BLOCK
1, OWENS ADDITION, AN ADDITION TO THE CITY OF SOUTHLAKE,
TARRANT COUNTY, TEXAS AND TRACTS 3H, 3H1, 3J, 3J1, 3J1A,
3J1 B, 3J1 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) 1 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 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
REGULAR CITY COUNCIL MEETING MINUTES, FEBRUARY 4, 2014
Page 6 of 12
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.
6. ORDINANCE 1084, (CP13 -010) 1 ST READING, LAND USE PLAN
AMENDMENT FROM LOW DENSITY RESIDENTIAL TO MEDIUM
DENSITY RESIDENTIAL AND A TEXT AMENDMENT TO WRITE IN A
SITE SPECIFIC RECOMMENDATION TO ALLOW AN ASSISTED
LIVING FACILITY FOR HARBORCHASE OF SOUTHLAKE ON
PROPERTY DESCRIBED AS LOT 2, BLOCK 1, OWENS ADDITION, AN
ADDITION TO THE CITY OF SOUTHLAKE, TARRANT COUNTY,
TEXAS AND LOCATED AT 250 SHADY OAKS DRIVE, SOUTHLAKE,
TARRANT COUNTY, TEXAS. CURRENT ZONING: "AG"
AGRICULTURAL DISTRICT. PROPOSED ZONING: "S -P -1" DETAILED
SITE PLAN DISTRICT. SPIN #6.
7. ORDINANCE NO. 480 -658 (ZA13 -138) 1 ST READING, ZONING
CHANGE AND SITE PLAN FOR HARBORCHASE OF SOUTHLAKE ON
PROPERTY DESCRIBED AS LOT 2, BLOCK 1, OWENS ADDITION, AN
ADDITION TO THE CITY OF SOUTHLAKE, TARRANT COUNTY,
TEXAS AND LOCATED AT 250 SHADY OAKS DRIVE, SOUTHLAKE,
TARRANT COUNTY, TEXAS. CURRENT ZONING: "AG"
AGRICULTURAL DISTRICT. PROPOSED ZONING: "S -P -1" DETAILED
SITE PLAN DISTRICT. SPIN #6.
APPROVED
A motion was made to approve the consent agenda as previously discussed.
Motion: Bledsoe
Second: Morris
Ayes: Hill, Morris, Muller, Schelling, Terrell, Williamson
Abstain: Bledsoe
Approved: 6 -0 -1
5. PUBLIC FORUM
REGULAR CITY COUNCIL MEETING MINUTES, FEBRUARY 4, 2014
Page 7 of 12
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. ZA13 -141, SITE PLAN FOR APEIZZA E VINO ON PROPERTY BEING
DESCRIBED AS LOT 3, BLOCK 1, CORNERSTONE PLAZA, AN ADDITION
TO THE CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS AND LOCATED
AT 2757 EAST SOUTHLAKE BOULEVARD, SOUTHLAKE, TEXAS.
CURRENT ZONING: "S -P -2" GENERALIZED 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 Joe Debastiani presented request and responded to questions
from Council.
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 ZA13 -141, a site plan for Apeizza e Vino pursuant to
revised site plan review summary No. 1, dated January 15, 2014; accepting Planning
and Zoning's recommendation for forest green awning color, pitch of the awning to be
four -feet, approving the variance for the masonry column requirement and accepting the
existing fence color and materials for the proposed posts supporting the awning.
Motion: Bledsoe
Second: Morris
Ayes: Bledsoe, Hill, Morris, Muller, Schelling, Terrell, Williamson
Approved: 7 -0
6B. RESOLUTION NO. 14 -002 (ZA13 -145), SPECIFIC USE PERMIT FOR A MASS
GATHERING EVENT KNOWN AS THE GATEWAY CHURCH FALL FESTIVAL
ON PROPERTY BEING DESCRIBED AS LOT 1, BLOCK 1, GATEWAY
CHURCH - 114 CAMPUS, AN ADDITION TO THE CITY OF SOUTHLAKE,
TARRANT COUNTY, TEXAS AND LOCATED AT 700 BLESSED WAY,
SOUTHLAKE, TEXAS. CURRENT ZONING: "NR -PUD" NON - RESIDENTIAL
PLANNED UNIT DEVELOPMENT DISTRICT. SPIN #3.PUBLIC HEARING
APPROVED
REGULAR CITY COUNCIL MEETING MINUTES, FEBRUARY 4, 2014
Page 8 of 12
Senior Director of Planning and Development Services Ken Baker presented item and
was available to answer questions from Council.
Applicant representatives Nannette Eiland and Doug Sluiter were available to respond
to questions from Council.
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.
Council, staff and legal counsel discussed applicant's request to have their specific use
permit approved indefinitely. There was concern expressed by some of the Council to
approve the specific use permit indefinitely and the City not have the ability to revisit the
specific use permit to address any changes or needed reviews by staff to address any
future concerns.
City Attorney Allen Taylor informed Council that specific use permits are a zoning action
and are discretionary with the City. The Planning and Zoning Commission
recommended approving the specific use permit for five years. The applicant would
have the right to conduct the event for five years without further action. However,
pursuant to the City's Zoning Ordinance, the specific use permit has no vested rights.
The City, if they choose, can initiate a zoning action to reconsider or revise the specific
use permit at any point from the City's own motion. The applicant will have a right to
procedural due process, public notice, hearing before the Planning and Zoning
Commission and hearing before the City Council prior to changing the permit.
Upon additional discussion by Council regarding the time limit for specific use permits,
Mr. Taylor informed Council that specific use permits are traditionally not granted in
perpetuity. Mr. Taylor advised that specific use permits are approved with time certain
or end dates.
•
A motion was made to approve Resolution No. 14 -002 (ZA13 -145), specific use permit
for a mass gathering event known as the Gateway Church Fall Festival for a period of
five years pursuant to staff report dated January 29, 2014; acknowledging and
understanding the city attorney's comments regarding revocation of said specific use
permit for instances in change of scope, nuisances, etc. that are not in the original spirit
of the application.
Motion: Bledsoe
Second: Schelling
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:
REGULAR CITY COUNCIL MEETING MINUTES, FEBRUARY 4, 2014
Page 9 of 12
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS,
GRANTING A SPECIFIC USE PERMIT FOR A MASS GATHERING EVENT FOR
GATEWAY CHURCH FALL FESTIVAL ON PROPERTY LOCATED AT 700 BLESSED
WAY BEING LEGALLY DESCRIBED AS LOT 1, BLOCK 1, GATEWAY CHURCH — 114
CAMPUS, 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.
6C. ORDINANCE NO. 480 -PPPP, 2 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. PUBLIC HEARING
APPROVED
Senior Director of Planning and Development Services Ken Baker presented item 6C
and was available to answer questions from Council. There being no questions for Mr.
Baker, Mayor Terrell asked Chief Mylett to present companion item 6D.
Police Chief Steve Mylett presented item 6D. He reviewed Council's discussion from
first reading and highlighted revisions made to the ordinance following the first reading.
Mayor Terrell opened the public hearing for item 6C 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 -PPPP, an amendment to
Comprehensive Zoning Ordinance No. 480, as amended, as it pertains to private
stables, including the boarding of horses in areas other than agricultural district for the
keeping of grazing animals and pursuant to alternative language provided to Council
this evening.
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
CONPREHENSIVE ZONING ORDINANCE OF THE CITY OF SOUTHLAKE, TEXAS;
BY ADDING PROVISIONS TO SECTION 34- ACCESSORY USES; PROVIDING THAT
THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A
SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY FOR VIOLATION HEREOF;
PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION IN PAMPHLET
REGULAR CITY COUNCIL MEETING MINUTES, FEBRUARY 4, 2014
Page 10 of 12
FORM; PROVIDING FOR PUBLICAITON IN THE OFFICIAL NEWSPAPER; AND
PROVIDING AN EFFECTIVE DATE.
6D. ORDINANCE NO. 1069, 2 READING, 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. PUBLIC HEARING
APPROVED
This item was presented in conjunction with item 6C.
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. 1069, an amendment to the Southlake
Code of Ordinance, Subpart A, General Ordinances, Chapter 4 "Animals ", Articles I, II,
III and repealing Ordinance No.'s 530 -A and 530 -B as it pertains to the keeping of
animals; noting Council's discussion this evening that language will be added from the
prior ordinance in terms of traps that steel jaw traps are prohibited and modifying the
amount of dogs and cats that can be held to six across the board.
Motion: Bledsoe
Second: Hill
Ayes: Bledsoe, Hill, Morris, Muller, Schelling, Terrell, Williamson
Nays: Muller
Approved: 6 -1
In accordance with Section 4.21 of the City Charter, the caption for this item is listed as
follows:
AN ORDINANCE REPEALING ORDINANCES NO. 530A and 530B, AS AMENDED,
THE "ANIMALS" ORDINANCE OF THE CITY OF SOUTHLAKE, TEXAS; BY ADDING
PROVISIONS TO CHAPTER 4 AND ELIMINATING ARTICLES I, II, III; 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.
7. ORDINANCES, FIRST READINGS, AND RELATED ITEMS: (THERE ARE NO
ITEMS ON THIS AGENDA)
8. RESOLUTIONS: (THERE ARE NO ITEMS ON THIS AGENDA)
REGULAR CITY COUNCIL MEETING MINUTES, FEBRUARY 4, 2014
Page 11 of 12
9. OTHER ITEMS FOR CONSIDERATION: (THERE ARE NO ITEMS ON THIS
AGENDA)
10. OTHER ITEMS FOR DISCUSSION: (THERE ARE NO ITEMS ON THIS
AGENDA)
EXECUTIVE SESSION
Mayor Terrell announced that City Council would be going into Executive Session
pursuant to the Texas Government Code, Section 551.074, deliberation regarding
personnel matters. City Council adjourned for Executive Session at 8:27 p.m. Executive
Session began at 8:28 p.m. and concluded at 9:22 p.m.
RECONVENE
Mayor Terrell reconvened the meeting at 9:23 p.m. Mayor Terrell asked if any action
was necessary from Executive Session.
A motion was made to approve an amendment to the city manager's salary consistent
with the 60 percentile of the twelve index cities as provided by Director of Human
Resources effective January 1, 2014.
Motion: Bledsoe
Second: Muller
Ayes: Bledsoe, Hill, Morris, Muller, Schelling, Terrell, Williamson
Approved: 7 -0
11. MEETING ADJOURNED.
Mayor Terrell adjourned the meeting at 9:24 p.m.
*An audio recording of this meeting will be permanently retained in the City Secretary's
Office.
- J eerip �•
John C. Terrell
Mayor
ATTEST:
.• 9OUTH ••••
° :AO:r0 k4 4 11 4 0 4r) \
Alicia Richardson, TR IC : rte;
City Secretary '••..a.,,� -''
.,, °s`,, *,* " "`', % ���.
REGULAR CITY COUNCIL MEETING MINUTES, FEBRUARY 4, 2014
Page 12 of 12