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2014-06-03 Regular CC MeetingUCITY OF U TEXAS SOUTHLAKE REGULAR CITY COUNCIL MEETING: June 3, 2014 LOCATION: 1400 Main Street, Southlake, Texas 76092 Council Chambers in Town Hall WORK SESSION: 5:30 P.M. Call to order 2. Invocation: Liz Fletcher 3. Local Business Report 4. Discuss all items on tonight's agenda. No action will be taken and each item will be considered during the Regular Session. REGULAR SESSION: Immediately 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 551.072: 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 a. Deliberate the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of the City Manager, City Secretary, City Attorney and Municipal Judge. B. Reconvene: Action necessary on items discussed in Executive Session. City of Southlake values: Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork City of Southlake City Council meeting agenda June 3, 2014 Page 2 of 7 3. REPORTS: A. Mayor's Report 1. Proclamation — Southlake Carroll Emerald Belles Drill Team 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 May 19, 2014 special City Council meeting and May 20, 2014 regular City Council meeting. B. Item intentionally left blank. C. Item intentionally left blank. D. Approve a community events participation agreement with Southlake Chamber of Commerce for the 2014 Oktoberfest event. E. SV14-008, Sign Variance to the Sign Ordinance 704-F regulations for Kimball Lakes Office Park located at 560-596 North Kimball Avenue, Southlake, Texas. F. ZA14-043, Plat Showing for Lots 9-12, J. Childress No. 254 Addition on property described as Tract 3D2, J. Childress Survey, Abstract No. 254, City of Southlake, Tarrant County, Texas and located at 3010 Lake Drive, Southlake, Texas. Current Zoning: "SF -20B" Single Family Residential District. SPIN #2. G. This item intentionally left blank. H. Approve proposed donation of painting from Patti Stebbins. Resolution No. 14-029, Denying Atmos Energy Corp., Mid -Tex Division requested rate change. J. Tabled Items: 1. Ordinance No. 1095 (CP14-001), 1s' Reading, Land Use Plan Amendment from Low Density Residential to Medium Density Residential for Remington Estates on property described as Lot 1, Greg's Country Acres Addition and Tracts 2A2 and 2A1, S. Freeman Survey, Abstract No. City of Southlake values.- Integrity alues:Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork City of Southlake City Council meeting agenda June 3, 2014 Page 3 of 7 525, 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. Requested Zoning: "R -PUD" Residential Planned Unit Development District. SPIN #4. (At the request of the applicant this item is being tabled to the August 5, 2014 City Council meeting.) 2. Ordinance No. 480-668 (ZA14-046), 1St Reading, Zoning Change and Development Plan for Remington Estates on property described as Lot 1, Greg's Country Acres Addition and Tracts 2A2 and 2A1, 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. Requested Zoning: "R -PUD" Residential Planned Unit Development District. SPIN #4. (At the request of the applicant this item is being tabled to the August 5, 2014 City Council meeting.) 3. Ordinance No. 480-669 (ZA14-047), 1St Reading, Zoning Change and Development Plan for the Fusella Property on property being described as Tracts 2A, 2A2A and 2A3, S. Freeman Survey, Abstract No. 525, an addition to the City of Southlake, Tarrant County, Texas, located at 399 & 409 Shady Lane., Southlake, Texas. Current Zoning: "AG" Agricultural District and "SF -1A" Single Family Residential District. Requested Zoning: "R -PUD" Residential Planned Unit Development District. SPIN #4. (At the request of the applicant this item is being tabled to the August 5, 2014 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. 480-420a (ZA14-051), 2nd Reading, Zoning Change and Site Plan for the Chapel Hill Office Park on property described as Lots 1-7, Block 1, Chapel Hill Office Park, an addition to the City of Southlake, Tarrant County, Texas and located at 211 — 271 East Southlake Boulevard, Southlake, Texas. Current Zoning: "S -P-2" Generalized Site Plan District. Requested Zoning: "S -P-2" Generalized Site Plan District. SPIN #9. PUBLIC HEARING City of Southlake values.- Integrity alues:Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork City of Southlake City Council meeting agenda June 3, 2014 Page 4 of 7 B. Resolution No. 14-017 (ZA14-048), Specific Use Permit for a Mass Gathering Event for Oktoberfest on property described as Phases I-IV, Southlake Town Square, City of Southlake, Tarrant County, Texas and being located between East Southlake Boulevard, East State Highway 114 and North Carroll Avenue, Southlake, Texas. Current Zoning: "DT" Downtown District. SPIN #8. PUBLIC HEARING C. Ordinance 480-605a (ZA14-035), 2nd Reading, Zoning Change and Site Plan for Watermere Medical Plaza on property being described as Lot 1 R, Block 2, Watermere at Southlake Addition, an addition to the City of Southlake, Tarrant County, Texas, located at 2815 West Southlake Boulevard, Southlake, Texas. Current Zoning: "0-1" Office District. Requested Zoning: "S -P-1" Detailed Site Plan District. SPIN #11. PUBLIC HEARING D. ZA14-062, Site Plan for the Southlake Community Recreation Center Phase I on property described as Tracts 3C, portions of 3C1 and 3C1A, L.G. Hall Survey, Abstract No. 686, City of Southlake, Tarrant County, Texas and located at 275 - 315 Shady Oaks Drive, Southlake, Texas. Current Zoning: "CS" Community Service District. SPIN #7. PUBLIC HEARING E. Ordinance No. 1094, 2nd Reading, Appointing the Judge of the Municipal Court of Record and authorizing the Mayor to execute an agreement with the Municipal Judge. PUBLIC HEARING F. Approve Professional Services Agreement with Municipal Court Judge Carol Montgomery. 7. Ordinances, first readings, and related items: A. Ordinance No. 480-624b (ZA14-021), 1St Reading, Zoning Change and Site Plan for Silver Ridge Assisted Living Phase II on property described as a portion of Tract 313, T. Mahan Survey, Abstract No. 1049 and Lots 1 & 2X, Silver Ridge Addition Phase I, an addition to the City of Southlake, Tarrant County, Texas and located at 1975 — 2001 East Kirkwood Boulevard and 600 North Kimball Avenue, Southlake, Texas. Current Zoning: "S -P-1" Detailed Site Plan District. Requested Zoning: "S -P-1" Detailed Site Plan District. SPIN #4. (if approved, the public hearing will be held on June 17, 2014.) B. Ordinance No. 480-646a (ZA14-022), 1St Reading, Zoning Change and Site Plan for Kimball Lakes Medical Offices Phase II on property described as a portion of Tract 313, T. Mahan Survey, Abstract No. 1049 and Lots 1 & 2, Silver Ridge Addition Phase 11, an addition to the City of Southlake, City of Southlake values.- Integrity alues:Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork City of Southlake City Council meeting agenda June 3, 2014 Page 5 of 7 Tarrant County, Texas and located at 600 — 630 North Kimball Avenue, Southlake, Texas. Current Zoning: "S -P-1" Detailed Site Plan District. Requested Zoning: "S -P-1" Detailed Site Plan District. SPIN #4. (/f approved, the public hearing will be held on June 17, 2014.) 8. Resolutions: A. Resolution No. 14-026, authorizing the city attorney to bring condemnation action for the purpose of obtaining a right of way to construct and maintain water lines, sidewalks, and roadway appurtenances on land located in the Thomas M. Hood Survey, Abstract No. 706 at 1000 North White Chapel Boulevard. 9. Other items for consideration: A. SV14-009, Variance to Sign Ordinance No. 704-F for St. Laurence Church located at 517 North Kimball Avenue, Southlake, Texas. 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, May 30, 2014 by 6:00 p.m., pursuant to the Texas Governmegt„Qode, Chapter 551. %0104 SLY`' r i Alicia Richardson, TRMC ; 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 June 3, 2014 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. 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. 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 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. 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 June 3, 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 CITY OF SOUTH LAIC TEXAS REGULAR CITY COUNCIL MEETING MINUTES: June 3, 2014 LOCATION: 1400 Main Street, Southlake, Texas 76092 City Council Chambers CITY COUNCIL PRESENT: Mayor John Terrell, Mayor Pro Tem Laura Hill, Deputy Mayor Pro Tem Brandon Bledsoe, and Councilmembers Gary Fawks, Carolyn Morris, Shahid Shafi and Randy Williamson. CITY COUNCIL ABSENT: None STAFF PRESENT: City Manager Shana Yelverton, Assistant City Manager Ben Thatcher, Assistant City Manager Alison Ortowski, Communication and Website Manager Pilar Schank, Assistant to the City Manager Caroline Eckel, Chief Financial Officer Sharen Jackson, Director of Economic Development and Tourism Shannon Hamons, Marketing and Tourism Manager Jill Lind, Director of Community Services Chris Tribble, Deputy Director of Community Services Candice Edmondson, Fire Chief Mike Starr, Director of Human Resources Stacey Black, Director of Information Technology Greg Hendricks, Assistant Police Chief James Brandon, Senior Director of Planning and Development Services Ken Baker, Director of Public Works Bob Price, Deputy Director of Public Works Cheryl Taylor, Civil Engineer Steve Anderson, City Attorney Dan Barrett and City Secretary Alicia Richardson. WORK SESSION: 1. CALL TO ORDER The Work Session was called to order by Mayor Terrell at 5:32 p.m. 2. INVOCATION Ms. Liz Fletcher gave the invocation. Mayor Terrell led the pledge of allegiance to the United States and Texas Flags. 3. LOCAL BUSINESS REPORT Director of Economic Development Shannon Hamons introduced Jeff Read with Gallery One Window Fashions. Mr. Read provided a description of the services provided, hours of operation, and location of business. REGULAR CITY COUNCIL MEETING MINUTES, JUNE 3, 2014 Page 1 of 13 4. 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 reviewed 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 5:43 p.m. 2A. EXECUTIVE SESSION Mayor Terrell announced that City Council would be going into Executive Session pursuant to the Texas Government Code, Section 551.072, deliberation regarding real property and Section 551.074, deliberation regarding personnel. City Council adjourned for Executive Session at 5:43 p.m. Executive Session began at 6:01 p.m. and concluded at 7:09 p.m. 2B. RECONVENE Mayor Terrell reconvened the meeting at 7:23 p.m. Mayor Terrell asked if any action was necessary from Executive Session. There was no action necessary as a result of Executive Session. 3A. MAYOR'S REPORT 3A1. PROCLAMATION — SOUTHLAKE CARROLL EMERALD BELLES DRILL TEAM Mayor Terrell recognized and presented a proclamation to Emerald Belles Director Melissa Page proclaiming June 3, 2014 as Southlake Carroll Emerald Belles Drill Team Day. 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. REGULAR CITY COUNCIL MEETING MINUTES, JUNE 3, 2014 Page 2 of 13 4A. APPROVE MINUTES FROM THE MAY 19, 2014 SPECIAL CITY COUNCIL MEETING AND MAY 20, 2014 REGULAR CITY COUNCIL MEETING. 4B. THIS ITEM WAS INTENTIONALLY LEFT BLANK. 4C. THIS ITEM WAS INTENTIONALLY LEFT BLANK 4D. APPROVE A COMMUNITY EVENTS PARTICIPATION AGREEMENT WITH SOUTHLAKE CHAMBER OF COMMERCE FOR THE 2014 OKTOBERFEST EVENT. 4E. SV14 -008, SIGN VARIANCE TO THE SIGN ORDINANCE NO. 704 -F REGULATIONS FOR KIMBALL LAKES OFFICE PARK LOCATED AT 560 -596 NORTH KIMBALL AVENUE, SOUTHLAKE, TEXAS. 4F. ZA14 -043, PLAT SHOWING FOR LOTS 9 -12, J. CHILDRESS NO. 254 ADDITION ON PROPERTY DESCRIBED AS TRACT 3D2, J. CHILDRESS SURVEY, ABSTRACT NO. 254, CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS AND LOCATED AT 3010 LAKE DRIVE, SOUTHLAKE, TEXAS. CURRENT ZONING: "SF -20B" SINGLE FAMILY RESIDENTIAL DISTRICT. SPIN #2. 4G. THIS ITEM WAS INTENTIONALLY LEFT BLANK. 4H. APPROVE PROPOSED DONATION OF PAINTING FROM PATTI STEBBINS. 41. RESOLUTION NO. 14 -029, DENYING ATMOS ENERGY CORP., MID -TEX DIVISION REQUESTED RATE CHANGE. 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, IN SUPPORT OF THE FM1938 - PHASE 2 TRANSPORTATION ALTERNATIVE PROGRAM PROJECT AND PROVIDING AN EFFECTIVE DATE. 4J. TABLED ITEMS: 1. ORDINANCE NO. 1095 (CP14 -001), 1ST READING, LAND USE PLAN AMENDMENT FROM LOW DENSITY RESIDENTIAL TO MEDIUM DENSITY RESIDENTIAL FOR REMINGTON ESTATES ON PROPERTY DESCRIBED AS LOT 1, GREG'S COUNTRY ACRES ADDITION AND TRACTS 2A2 AND 2A1, 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 REGULAR CITY COUNCIL MEETING MINUTES, JUNE 3, 2014 Page 3 of 13 FAMILY RESIDENTIAL DISTRICT. REQUESTED ZONING: "R -PUD" RESIDENTIAL PLANNED UNIT DEVELOPMENT DISTRICT. SPIN #4. (AT THE REQUEST OF THE APPLICANT, THIS ITEM IS BEING TABLED TO THE AUGUST 5, 2014 CITY COUNCIL MEETING.) 2. ORDINANCE NO. 480 -668 (ZA14 -046), 1ST READING, ZONING CHANGE AND DEVELOPMENT PLAN FOR REMINGTON ESTATES ON PROPERTY DESCRIBED AS LOT 1, GREG'S COUNTRY ACRES ADDITION AND TRACTS 2A2 AND 2A1, 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. REQUESTED ZONING: "R -PUD" RESIDENTIAL PLANNED UNIT DEVELOPMENT DISTRICT. SPIN #4. (AT THE REQUEST OF THE APPLICANT, THIS ITEM IS BEING TABLED TO THE AUGUST 5, 2014 CITY COUNCIL MEETING.) 3. ORDINANCE NO. 480 -669 (ZA14 -047), 1ST READING, ZONING CHANGE AND DEVELOPMENT PLAN FOR THE FUSELLA PROPERTY ON PROPERTY BEING DESCRIBED AS TRACTS 2A, 2A2A AND 2A3, S. FREEMAN SURVEY, ABSTRACT NO. 525, AN ADDITION TO THE CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS, LOCATED AT 399 & 409 SHADY LANE., SOUTHLAKE, TEXAS. CURRENT ZONING: "AG" AGRICULTURAL DISTRICT AND "SF -1A" SINGLE FAMILY RESIDENTIAL DISTRICT. REQUESTED ZONING: "R -PUD" RESIDENTIAL PLANNED UNIT DEVELOPMENT DISTRICT. SPIN #4. (AT THE REQUEST OF THE APPLICANT, THIS ITEM IS BEING TABLED TO THE AUGUST 5, 2014 CITY COUNCIL MEETING.) APPROVED A motion was made to approve the consent agenda as discussed to move item 4E to the regular agenda. Motion: Bledsoe Second: Morris Ayes: Bledsoe, Fawks, Hill, Morris, Shafi, Terrell, Williamson Approved: 7 -0 5. PUBLIC FORUM Mayor Terrell opened the public forum. There being no one wishing to speak, Mayor Terrell closed the public forum. Mayor Terrell moved to item 4E. REGULAR CITY COUNCIL MEETING MINUTES, JUNE 3, 2014 Page 4 of 13 4E. SV14 -008, SIGN VARIANCE TO THE SIGN ORDINANCE NO. 704 -F REGULATIONS FOR KIMBALL LAKES OFFICE PARK LOCATED AT 560 -596 NORTH KIMBALL AVENUE, SOUTHLAKE, TEXAS. TABLED Senior Director of Planning Development Services Ken Baker presented item and was available to answer questions from Council. Applicant Wayne Lee presented item and was available to answer questions from Council. A motion was made to table item to the June 17, 2014 City Council meeting. Motion: Bledsoe Second: Morris Ayes: Bledsoe, Fawks, Hill, Morris, Shafi, Terrell, Williamson Approved: 7 -0 6. ORDINANCES, SECOND READINGS, PUBLIC HEARINGS, AND RELATED ITEMS: 6A. ORDINANCE NO. 480 -420A (ZA14 -051), 2ND READING, ZONING CHANGE AND SITE PLAN FOR THE CHAPEL HILL OFFICE PARK ON PROPERTY DESCRIBED AS LOTS 1 -7, BLOCK 1, CHAPEL HILL OFFICE PARK, AN ADDITION TO THE CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS AND LOCATED AT 211 — 271 EAST SOUTHLAKE BOULEVARD, SOUTHLAKE, TEXAS. CURRENT ZONING: "S -P -2" GENERALIZED SITE PLAN DISTRICT. REQUESTED ZONING: "S -P -2" GENERALIZED SITE PLAN DISTRICT. SPIN #9. PUBLIC HEARING APPROVED Senior Director of Planning Development Services Ken Baker presented item and was available to answer 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 Ordinance No. 480 -420a, zoning change and site plan for the Chapel Hill Office Park subject to the staff report dated May 28, 2014. Motion: Bledsoe Second: Morris Ayes: Bledsoe, Fawks, Hill, Morris, Shafi, Terrell, Williamson Approved: 7 -0 REGULAR CITY COUNCIL MEETING MINUTES, JUNE 3, 2014 Page 5 of 13 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 DESCRIBED AS LOTS 1 -7, BLOCK 1, CHAPEL HILL OFFICE PARK ADDITION, AND BEING APPROXIMATELY 4.24 ACRES, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "S -P -2" GENERALIZED SITE PLAN DISTRICT WITH "0-1" OFFICE DISTRICT USES TO "S -P -2" GENERALIZED SITE PLAN DISTRICT WITH "0-1" OFFICE DISTRICT USES, AS DEPICTED ON THE APPROVED CONCEPT 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. RESOLUTION NO. 14 -017 (ZA14 -048), SPECIFIC USE PERMIT FOR A MASS GATHERING EVENT FOR OKTOBERFEST ON PROPERTY DESCRIBED AS PHASES I -IV, SOUTHLAKE TOWN SQUARE, CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS AND BEING LOCATED BETWEEN EAST SOUTHLAKE BOULEVARD, EAST STATE HIGHWAY 114 AND NORTH CARROLL AVENUE, 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. 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 No. 14 -016 [sic], specific use permit for a mass gathering event for Oktoberfest subject to the May 28, 2014 staff report and allowing Senior Director of Planning Development Services the ability to review conditions and provide revocability at his discretion and this SUP being for a period of five years. REGULAR CITY COUNCIL MEETING MINUTES, JUNE 3, 2014 Page 6 of 13 Motion: Bledsoe Second: Morris Ayes: Bledsoe, Fawks, Hill, Morris, Shafi, Terrell, Williamson Approved: 7 -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 FOR OKTOBERFEST LOCATED BETWEEN E. SOUTHLAKE BOULEVARD, E. S.H. 114 AND N. CARROLL AVENUE, SOUTHLAKE, TEXAS, BEING DESCRIBED AS PHASE I -IV, SOUTHLAKE TOWN SQUARE, 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 -605A (ZA14 -035), 2ND READING, ZONING CHANGE AND SITE PLAN FOR WATERMERE MEDICAL PLAZA ON PROPERTY BEING DESCRIBED AS LOT 1 R, BLOCK 2, WATERMERE AT SOUTHLAKE ADDITION, AN ADDITION TO THE CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS, LOCATED AT 2815 WEST SOUTHLAKE BOULEVARD, SOUTHLAKE, TEXAS. CURRENT ZONING: "0-1" OFFICE DISTRICT. REQUESTED ZONING: "S -P -1" DETAILED SITE PLAN DISTRICT. SPIN #11. PUBLIC HEARING APPROVED Senior Director of Planning and Development Services Ken Baker presented item and was available to answer 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 Ordinance No. 480 -605a, zoning change and site plan for Watermere Medical Plaza subject to first reading stipulations and requirements, all prior approvals, variances and stipulations regarding this site will remain in effect, and subject to the Site Plan Review Summary No. 2, dated May 15, 2014. Motion: Bledsoe Second: Morris Ayes: Bledsoe, Fawks, Hill, Morris, Shafi, 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, JUNE 3, 2014 Page 7 of 13 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 DESCRIBED AS LOT 1R, BLOCK 2, WATERMERE AT SOUTHLAKE ADDITION, SOUTHLAKE, TARRANT COUNTY, TEXAS, BEING APPROXIMATELY 3.0256 ACRES AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "0-1" OFFICE DISTRICT TO "S -P -1" DETAILED SITE PLAN DISTRICT WITH "0-1" OFFICE DISTRICT USES AND AMBULATORY SURGERY CENTER AND COMPOUNDING PHARMACY AS PERMITTED USES 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. 6D. ZA14 -062, SITE PLAN FOR THE SOUTHLAKE COMMUNITY RECREATION CENTER PHASE I ON PROPERTY DESCRIBED AS TRACTS 3C, PORTIONS OF 3C1 AND 3C1A, L.G. HALL SURVEY, ABSTRACT NO. 686, CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS AND LOCATED AT 275 - 315 SHADY OAKS DRIVE, SOUTHLAKE, TEXAS. CURRENT ZONING: "CS" COMMUNITY SERVICE DISTRICT. SPIN #7. PUBLIC HEARING APPROVED Director of Community Services Chris Tribble presented item and was available to answer 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 ZA14 -062, site plan for the Southlake Community Recreation Center, subject to the Site Plan Review Summary No. 1 dated May 16, 2014, noting approval of both fire lane options A and B; and staff will bring forth to Council at the August 5, 2014 meeting the alternative scenarios for enhanced outdoor restroom facilities to be included in Phasel . REGULAR CITY COUNCIL MEETING MINUTES, JUNE 3, 2014 Page 8 of 13 Motion: Bledsoe Second: Morris Ayes: Bledsoe, Fawks, Hill, Morris, Terrell, Williamson Abstain: Shafi Approved: 6 -0 -1 Mayor Terrell convened for a recess at 9:37 p.m. Mayor Terrell reconvened the meeting at 9:50 p.m. Mayor Terrell moved to Item 9A. 9A. SV14 -009, VARIANCE TO SIGN ORDINANCE NO. 704-F FOR ST. LAURENCE CHURCH LOCATED AT 517 NORTH KIMBALL AVENUE, SOUTHLAKE, TEXAS. APPROVED Senior Director of Planning and Development Services Ken Baker presented item and was available to answer questions from Council. Father John Jordan with St. Laurence Church presented item and was available to answer questions from Council. A motion was made to approve SV14 -009, variance to sign ordinance for St. Laurence Church; noting the maximum height for the monument sign will be 14 1 /2 feet, consist of approximately a seven -foot masonry base with brick to be complementary of the existing church; the columns as presented in the applicant's presentation this evening to include the street number address will be required per sign ordinance; and, lastly, noting the approval of the pitch on the sign. Motion: Bledsoe Second: Morris Ayes: Bledsoe, Fawks, Hill, Morris, Shafi, Terrell, Williamson Approved: 7 -0 Mayor Terrell moved to item 6E. 6E. ORDINANCE NO. 1094, 2 READING, APPOINTING THE JUDGE OF THE MUNICIPAL COURT OF RECORD AND AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH THE MUNICIPAL JUDGE. PUBLIC HEARING APPROVED The Council did not require a presentation from staff. REGULAR CITY COUNCIL MEETING MINUTES, JUNE 3, 2014 Page 9 of 13 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. 1094, appointing the Judge of the Municipal Court of Record and authorizing the Mayor to execute an agreement with the Municipal Judge. Motion: Bledsoe Second: Morris Ayes: Bledsoe, Fawks, Hill, Morris, Shafi, 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 OF THE CITY OF SOUTHLAKE, TEXAS APPOINTING THE JUDGE OF THE MUNICIPAL COURT OF RECORD IN THE CITY OF SOUTHLAKE AND AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH THE MUNICIPAL JUDGE; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. 6F. APPROVE PROFESSIONAL SERVICES AGREEMENT WITH MUNICIPAL COURT JUDGE CAROL MONTGOMERY. APPROVED Council did not require a presentation. A motion was made to approve professional services agreement with Municipal Court Judge Carol Montgomery. Motion: Bledsoe Second: Morris Ayes: Bledsoe, Fawks, Hill, Morris, Shafi, Terrell, Williamson Approved: 7 -0 7. ORDINANCES, FIRST READINGS, AND RELATED ITEMS: 7A. ORDINANCE NO. 480 -624B (ZA14 -021), 1ST READING, ZONING CHANGE AND SITE PLAN FOR SILVER RIDGE ASSISTED LIVING PHASE II ON PROPERTY DESCRIBED AS A PORTION OF TRACT 3B, T. MAHAN SURVEY, ABSTRACT NO. 1049 AND LOTS 1 & 2X, SILVER RIDGE ADDITION PHASE I, AN ADDITION TO THE CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS AND LOCATED AT 1975 — 2001 EAST KIRKWOOD BOULEVARD AND 600 NORTH KIMBALL AVENUE, REGULAR CITY COUNCIL MEETING MINUTES, JUNE 3, 2014 Page 10 of 13 SOUTHLAKE, TEXAS. CURRENT ZONING: "S -P -1" DETAILED SITE PLAN DISTRICT. REQUESTED ZONING: "S -P -1" DETAILED SITE PLAN DISTRICT. SPIN #4. (IF APPROVED, THE PUBLIC HEARING WILL BE HELD ON JUNE 17, 2014.) TABLED Senior Director of Planning Development Services Ken Baker presented items 7A and 7B and was available to answer questions from Council. Developer /Owner David Keener with Vision Southlake, LLC presented item and was available to answer questions from Council. A motion was made to table Ordinance No. 480 -624b, zoning change and site plan for Silver Ridge Assisted Living Phase II to the August 5, 2014 City Council meeting. Motion: Bledsoe Second: Morris Ayes: Bledsoe, Fawks, Hill, Morris, Shafi, Terrell, Williamson Approved: 7 -0 7B. ORDINANCE NO. 480 -646A (ZA14 -022), 1ST READING, ZONING CHANGE AND SITE PLAN FOR KIMBALL LAKES MEDICAL OFFICES PHASE II ON PROPERTY DESCRIBED AS A PORTION OF TRACT 3B, T. MAHAN SURVEY, ABSTRACT NO. 1049 AND LOTS 1 & 2, SILVER RIDGE ADDITION PHASE II, AN ADDITION TO THE CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS AND LOCATED AT 600 — 630 NORTH KIMBALL AVENUE, SOUTHLAKE, TEXAS. CURRENT ZONING: "S -P -1" DETAILED SITE PLAN DISTRICT. REQUESTED ZONING: "S -P -1" DETAILED SITE PLAN DISTRICT. SPIN #4. (IF APPROVED, THE PUBLIC HEARING WILL BE HELD ON JUNE 17, 2014.) TABLED Senior Director of Planning Development Services Ken Baker presented this item with 7A and was available to answer questions from Council. A motion was made to table Ordinance No. 480 -646a, zoning change and site plan for Kimball Lakes Medical Offices Phase II to the August 5, 2014 City Council meeting. Motion: Bledsoe Second: Morris Ayes: Bledsoe, Fawks, Hill, Morris, Shafi, Terrell, Williamson Approved: 7 -0 REGULAR CITY COUNCIL MEETING MINUTES, JUNE 3, 2014 Page 11 of 13 8. RESOLUTIONS: 8A. RESOLUTION NO. 14 -026, AUTHORIZING THE CITY ATTORNEY TO BRING CONDEMNATION ACTION FOR THE PURPOSE OF OBTAINING A RIGHT OF WAY TO CONSTRUCT AND MAINTAIN WATER LINES, SIDEWALKS, AND ROADWAY APPURTENANCES ON LAND LOCATED IN THE THOMAS M. HOOD SURVEY, ABSTRACT NO. 706 AT 1000 NORTH WHITE CHAPEL BOULEVARD. Council did not require a presentation. A motion was made to the City of Southlake to authorize the use of the power of eminent domain to acquire land located at Thomas M Hood Survey, Abstract No. 706 at 1000 North White Chapel Boulevard for obtaining a right -of -way to construct and maintain waterlines, sidewalks, and roadway appurtenances. Motion: Bledsoe Second: Morris Ayes: Bledsoe, Fawks, Hill, Morris, Shafi, Terrell, Williamson Approved: 7 -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 OF SOUTHLAKE, TEXAS AUTHORIZING THE CITY ATTORNEY TO BRING A CONDEMNATION ACTION FOR THE PURPOSE OF OBTAINING A RIGHT OF WAY FOR CONSTRUCTION AND MAINTENANCE OF ROADWAY IMPROVEMENTS OR FOR OTHER PUBLIC USES PERMITTED BY LAW. 9. OTHER ITEMS FOR CONSIDERATION: 9A. SV14 -009, VARIANCE TO SIGN ORDINANCE NO. 704 -F FOR ST. LAURENCE CHURCH LOCATED AT 517 NORTH KIMBALL AVENUE, SOUTHLAKE, TEXAS. APPROVED This item was considered earlier. 10. OTHER ITEMS FOR DISCUSSION: (THERE ARE NO ITEMS ON THIS AGENDA) 11. MEETING ADJOURNED. Mayor Terrell adjourned the meeting at 11:19 p.m. REGULAR CITY COUNCIL MEETING MINUTES, JUNE 3, 2014 Page 12 of 13 *An audio recording of this meeting will be permanently retained in the City Secretary's Office. John . Terrell Mayor ATTEST: �„ lll1 „ l ,, ,, ��.•`` � UTH4 ,, 4 1 � Traci Riggs, T'"' Vat 1 ` • Deputy City Secreivry•. REGULAR CITY COUNCIL MEETING MINUTES, JUNE 3, 2014 Page 13 of 13