2014-06-17 Regular CC MeetingCITY OF
SOUTHLAKE
TEXAS
REGULAR CITY COUNCIL MEETING: June 17, 2014
LOCATION: 1400 Main Street, Southlake, Texas 76092
Council Chambers in Town Hall
WORK SESSION: 5:30 P.M.
Call to order
2. Invocation: Adib Nabily
3. 2013 Citizen Survey Follow Up
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 551.071: Consultation with the citv attorne
a. Seek the advice of the city attorney regarding permitted uses
on property located at 1982 Brumlow Avenue.
b. Seek advice of the city attorney regarding claim made by
Colt Aviation.
2. 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.
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City Council meeting agenda
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3. 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. Deliberate the appointment of city board and commission
members.
B. Reconvene: Action necessary on items discussed in Executive Session.
3. REPORTS:
A. Mayor's Report
1. Proclamation — National Parks and Recreation Month
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 June 3, 2014 regular City Council meeting.
B. Approve annual agreement with Premier Magnesia, LLC for odor control
treatment at lift stations in the amount of $134,500.
C. Approve the annual interlocal agreement with Tarrant County to provide
tax collection and assessment services for ad valorem taxes levied by the
City of Southlake for tax year 2014.
D. Approve Amendment No. 1 of the commercial developer agreement with
Excel Southlake, LLC for Park Village Lot 1, Block 1, and Lot 1 and Block
2.
E. Approve annual contract renewal for Lewis Concrete Restoration for
manhole and wet well rehab services in an amount not to exceed
$250,000.
F. This item was intentionally left blank.
G. Approve interlocal agreement with City of Keller for the construction of FM
1938 Phase 2.
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H. Approve local project advance funding agreement (LPAFA) with Texas
Department of Transportation (TxDOT) for the construction of FM 1938
Phase 2 in the amount of $2,260,290.
Variance to Subdivision Ordinance No. 483, as amended, regarding plat
expiration, requesting to extend the validity of cases ZA13-050, ZA13-051,
ZA13-052, Final Plats for Carillon Phases C, B and A, respectively.
J. ZA14-065, Plat Vacation for the Hanna Addition, an addition to the City of
Southlake, Tarrant County, Texas and located at 1000 and 1030 North
Kimball Avenue, Southlake, Texas. Current Zoning: "AG" Agricultural
District and "TZD" Transition Zoning District. SPIN #4.
K. ZA14-042, Plat Revision for Gateway Lakes on property described as Lot
1, Block 3, Gateway Church — 114 Campus, Tract 2A4, T. Mahan Survey,
Abstract No. 1049 and a portion of Lot 1 and all of Lot 2, Hanna Addition,
City of Southlake, Tarrant County, Texas and located at 700, 890, 1000
and 1030 North Kimball Avenue and 2000 East Kirkwood Boulevard,
Southlake, Texas. Current Zoning: "TZD" Transition Zoning District. SPIN
#4.
L. Approve residential developer agreement with Brownstones at Town
Square, L.P. for The Garden District and Phase C Brownstones.
M. ZA14-060, Plat Showing for Lots 19-21, J.G. Allen No. 18 Addition on
property being described as Tracts 2C26 and 2C27, J.G. Allen Survey,
Abstract No. 18, City of Southlake, Tarrant County, Texas and located at
180 & 190 Jellico Circle, Southlake, Texas. Current Zoning: "SF -1A"
Single Family Residential District. SPIN #11.
N. Approve the absences for Michael Springer from the May 22, 2014 and
June 5, 2014 Planning and Zoning Commission meetings.
O. SV14-010, Variance to Sign Ordinance No. 704-F regulations for The
Grove temporary land signs located at 500 West State Highway 114 and
East State Highway 114 frontage road.
P. Approve telecom expenses for Verizon services in the amount of
$143,187.
Q. Approve telecom/Internet expenses for OneSource Communications
services in the amount of $64,724.
R. Approve Toshiba copier services expenses in the amount of $90,140.
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S. Appoint a City Secretary and approve Employment Agreement for the City
Secretary.
T. Resolution No. 14-032, adopting a resolution supporting the need to
adequately fund transportation and authorizing the Mayor to execute the
resolution on behalf of the City Council.
U. Tabled Items:
1. 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. (This item was tabled by
Council at the June 3, 2014 City Council meeting to the June
17, 2014 City Council meeting. On June 5, 2014, the applicant
has formally withdrawn their request)
2. Ordinance No. 480-624b (ZA14-021), 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 E.
Kirkwood Blvd. 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. (This item
was tabled by Council at the June 3, 2014 City Council meeting
to the August 5, 2014 City Council meeting.)
3. Ordinance No. 480-646a (ZA14-022), 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 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. (This item was tabled by Council at the
June 3, 2014 City Council meeting 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
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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. ZA13-005, Site Plan for Duff's Famous Wings on property described as
Lot 3, Block 1, Cornerstone Plaza, City of Southlake, Tarrant County,
Texas and being located at 2787 East Southlake Boulevard, B-100,
Southlake, Texas. Current Zoning: "S -P-2" Generalized Site Plan District.
SPIN #8. PUBLIC HEARING
B. ZA14-004 Site Plan for Southlake Heritage Business Park No. 2 on
property described as Tract 1, C. McDonald Survey, Abstract No. 1013,
City of Southlake, Tarrant County, Texas, and located at 2600 State
Highway 26, Southlake, Texas. Current Zoning: 1-1" Light Industrial
District. SPIN #8. PUBLIC HEARING
C. ZA14-005 Preliminary Plat for Lot 1, Block 1, Heritage Business Park No.
2 on property described as Tract 1, C. McDonald Survey, Abstract No.
1013, City of Southlake, Tarrant County, Texas, and located at 2600 State
Highway 26, Southlake, Texas. Current Zoning: 1-1" Light Industrial
District. SPIN #8.
D. Resolution No. 14-028 (ZA14-067), Specific Use Permit for Johnson
Elementary School Observatory to include a Request for a Variance to the
Masonry Ordinance No. 557-A, as amended, on property described as Lot
13R1, F. Throop No. 1511 Addition, an addition to the City of Southlake,
Tarrant County, Texas and located at 1301 North Carroll Avenue,
Southlake, Texas. Current Zoning: "CS" Community Service District. SPIN
#3. PUBLIC HEARING
E. Resolution No. 14-027, (ZA14-066), Specific Use Permit for a Residential
Solar Energy System on property being described as Lot 26, Thomas M.
Hood Survey, Abstract No. 706, an addition to the City of Southlake,
Tarrant County, Texas and located at 1700 Shady Oaks Drive, Southlake,
Texas. Current Zoning: "R -PUD" Residential Planned Unit Development
District. SPIN #5. PUBLIC HEARING
F. ZA14-068, Site Plan for Altar'd State on property being described as Lot
2R, Block 4R1, Southlake Town Square Addition Phase I, an addition to
the City of Southlake, Tarrant County, Texas, and located at 1460 Main
Street, Southlake, Texas. Current Zoning: "DT" Downtown District. SPIN
#8. PUBLIC HEARING
7. Ordinances, first readings, and related items:
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A. Ordinance No. 480-670 (ZA14-058), 1St Reading, Zoning Change and Site
Plan for Empire Rugs on property being described as Lot 1R, Block 1,
Miron Addition, an addition to the City of Southlake, Tarrant County,
Texas, located at 1695 East Southlake Boulevard, Southlake, Texas.
Current Zoning: "C-2" Local Retail Commercial District. Requested
Zoning: "S -P-1" Detailed Site Plan District with "C-2" Local Retail
Commercial District uses. SPIN #8. (if approved, the public hearing will
be held on August 5, 2014.)
B. Ordinance No. 480-672 (ZA14-054), 1St Reading, Zoning Change and
Concept Plan for Harborchase of Southlake on property described as
Tracts 4C, 4C1, 4C2 and 4C3, Absalom H. Chivers Survey, Abstract No.
299, City of Southlake, Tarrant County, Texas and located at 600, 700 and
750 East State Highway 114 and 900 East Highland Street, Southlake,
Texas. Current Zoning: "AG" Agricultural District. Requested Zoning: "S -P-
2" Generalized Site Plan District. SPIN #3. (if approved, the public
hearing will be held on August 5, 2014.)
E:�:Z�•7[liiC•7 i1��i
A. Resolution No. 14-030, authorizing the City Attorney to bring
condemnation action for the purpose of obtaining a right of way
to construct and maintain water lines, trails, and roadway appurtenances
on land located in the Thomas M. Hood Survey, Abstract No. 706 at 1170
and 1180 North White Chapel Boulevard.
9. Other items for consideration:
A. MSP14-002, Master Sign Plan for Park Village located at 300 South
Carroll Avenue.
B. SV14-011, Variance to Sign Ordinance 704-F regulations for it Calabrese
Restaurant located at 1281 East State Highway 114.
C. MSP14-001, Master Sign Plan for Kimball Oaks Retail Center located at
2221 East Southlake Boulevard.
10. Other items for discussion: (There are no items on this agenda.)
11. Meeting adjourned.
CERTIFICATE
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I hereby certify that the above agenda was posted on the official bulletin boards at Town
Hall, 1400 Main Street, Southlake, Texas, on Friday, June 13, 2014 by 6:00 p.m.,
pursuant to the Texas Government Code, Chapter 551.
;off.•• •a.
e
Traci Riggs, TRIS
Deputy City SecrAaq ***
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.
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City Council meeting agenda
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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 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
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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:
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Ciiv OF
SOXASUTHLAKE
TE
REGULAR CITY COUNCIL MEETING MINUTES: June 17.2014
LOCATION: 1400 Main Street, Southlake, Texas 76092
City Council Chambers
CITY COUNCIL PRESENT: Mayor John Terrell and Councilmembers Gary Fawks,
Carolyn Morris, Shahid Shafi and Randy Williamson.
CITY COUNCIL ABSENT: Mayor Pro Tem Laura Hill and Deputy Mayor Pro Tem
Brandon Bledsoe.
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, Executive
Secretary to the City Manager Lori Payne, Chief Financial Officer Sharen Jackson,
Director of Community Services Chris Tribble, Assistant to Director of Community
Services Cassie Tucker, Fire Chief Mike Starr, Director of Human Resources Stacey
Black, Director of Information Technology Greg Hendricks, Police Chief Steve Mylett,
Senior Director of Planning and Development Services Ken Baker, Principal Planner
Daniel Cortez, Director of Public Works Bob Price, Deputy Director of Public Works
Cheryl Taylor, Public Works Operations Manager Chuck Kendrick, Civil Engineer Steve
Anderson, Civil Engineer Alex Ayala, City Attorney Fritz Quast and Deputy City
Secretary Traci Riggs.
WORK SESSION:
1. CALL TO ORDER
The Work Session was called to order by Mayor Terrell at 5:33 p.m.
2. INVOCATION
Mr. Adib Nabily gave the invocation. Mayor Terrell led the pledge of allegiance to the
United States and Texas Flags.
3. 2013 CITIZEN SURVEY FOLLOW UP
Assistant City Manager Alison Ortowski provided Council with a review the 2013 Citizen
Satisfaction Survey on the top three issues identified in the survey by the citizens which
REGULAR CITY COUNCIL MEETING MINUTES, JUNE 17, 2014
Page 1 of 14
are managing traffic congestion, providing bicycle friendly streets and trails and
managing growth and development.
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 6:09
p.m.
2A. EXECUTIVE SESSION
Mayor Terrell announced that City Council would be going into Executive Session
pursuant to the Texas Government Code, Section 551.071, consultation with city
attorney, Section 551.072, deliberation regarding real property and Section 551.074,
deliberation regarding personnel. City Council adjourned for Executive Session at 6:09
p.m. Executive Session began at 6:25 p.m. and concluded at 7:11 p.m.
2B. RECONVENE
Mayor Terrell reconvened the meeting at 7:19 p.m. Mayor Terrell asked if any action
was necessary from Executive Session. There was no action necessary as a result of
Executive Session.
Mayor Terrell recognized Simon Meeks with Troop 1905 and his efforts on obtaining the
required merit badges for becoming an Eagle Scout by observing the proceedings of the
City Council meeting tonight.
3A. MAYOR'S REPORT
3A1. PROCLAMATION — NATIONAL PARKS AND RECREATION MONTH
Mayor Terrell recognized and presented a proclamation to Community Services Director
Chris Tribble, Assistant to the Director Cassie Tucker, Recreation Superintendent Steve
Moore, Parks Supervisor Shane Cloud, Parks Supervisor Marvin Athans, Recreation
Coordinator Junior Camacho and Recreation Coordinator Ashley Newhart proclaiming
the month of July 2014 as National Parks and Recreation Month.
3B. CITY MANAGER'S REPORT
REGULAR AGENDA:
REGULAR CITY COUNCIL MEETING MINUTES, JUNE 17, 2014
Page 2 of 14
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 JUNE 3, 2014 REGULAR CITY COUNCIL
MEETING.
4B. APPROVE ANNUAL AGREEMENT WITH PREMIER MAGNESIA, LLC FOR
ODOR CONTROL TREATMENT AT LIFT STATIONS IN THE AMOUNT OF
$134,500.
4C. APPROVE THE ANNUAL INTERLOCAL AGREEMENT WITH TARRANT
COUNTY TO PROVIDE TAX COLLECTION AND ASSESSMENT SERVICES
FOR AD VALOREM TAXES LEVIED BY THE CITY OF SOUTHLAKE FOR TAX
YEAR 2014.
4D. APPROVE AMENDMENT NO. 1 OF THE COMMERCIAL DEVELOPER
AGREEMENT WITH EXCEL SOUTHLAKE, LLC FOR PARK VILLAGE LOT 1,
BLOCK 1, AND LOT 1 AND BLOCK 2.
4E. APPROVE ANNUAL CONTRACT RENEWAL FOR LEWIS CONCRETE
RESTORATION FOR MANHOLE AND WET WELL REHAB SERVICES IN AN
AMOUNT NOT TO EXCEED $250,000.
4F. THIS ITEM WAS INTENTIONALLY LEFT BLANK.
4G. APPROVE INTERLOCAL AGREEMENT WITH CITY OF KELLER FOR THE
CONSTRUCTION OF FM 1938 PHASE 2.
Approved with consent subject to City Attorney approval.
4H. APPROVE LOCAL PROJECT ADVANCE FUNDING AGREEMENT (LPAFA)
WITH TEXAS DEPARTMENT OF TRANSPORTATION (TXDOT) FOR THE
CONSTRUCTION OF FM 1938 PHASE 2 IN THE AMOUNT OF $2,260,290.
41. VARIANCE TO SUBDIVISION ORDINANCE NO. 483, AS AMENDED,
REGARDING PLAT EXPIRATION, REQUESTING TO EXTEND THE VALIDITY
OF CASES ZA13 -050, ZA13 -051, ZA13 -052, FINAL PLATS FOR CARILLON
PHASES C, B AND A, RESPECTIVELY.
Mayor Terrell asked the City Attorney to address the administrative roll as related to
approving items 4J and 4K. Councilmembers Morris and Fawks both stated this was an
administerial approval of the plats and not an approval or endorsement of the
developments.
REGULAR CITY COUNCIL MEETING MINUTES, JUNE 17, 2014
Page 3 of 14
4J. ZA14 -065, PLAT VACATION FOR THE HANNA ADDITION, AN ADDITION TO
THE CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS AND LOCATED AT
1000 AND 1030 NORTH KIMBALL AVENUE, SOUTHLAKE, TEXAS.
CURRENT ZONING: "AG" AGRICULTURAL DISTRICT AND "TZD"
TRANSITION ZONING DISTRICT. SPIN #4.
4K. ZA14 -042, PLAT REVISION FOR GATEWAY LAKES ON PROPERTY
DESCRIBED AS LOT 1, BLOCK 3, GATEWAY CHURCH — 114 CAMPUS,
TRACT 2A4, T. MAHAN SURVEY, ABSTRACT NO. 1049 AND A PORTION OF
LOT 1 AND ALL OF LOT 2, HANNA ADDITION, CITY OF SOUTHLAKE,
TARRANT COUNTY, TEXAS AND LOCATED AT 700, 890, 1000 AND 1030
NORTH KIMBALL AVENUE AND 2000 EAST KIRKWOOD BOULEVARD,
SOUTHLAKE, TEXAS. CURRENT ZONING: "TZD" TRANSITION ZONING
DISTRICT. SPIN #4.
4L. APPROVE RESIDENTIAL DEVELOPER AGREEMENT WITH
BROWNSTONES AT TOWN SQUARE, L.P. FOR THE GARDEN DISTRICT
AND PHASE C BROWNSTONES.
City Council removed item from the consent agenda.
4M. ZA14 -060, PLAT SHOWING FOR LOTS 19 -21, J.G. ALLEN NO. 18 ADDITION
ON PROPERTY BEING DESCRIBED AS TRACTS 2C26 AND 2C27, J.G.
ALLEN SURVEY, ABSTRACT NO. 18, CITY OF SOUTHLAKE, TARRANT
COUNTY, TEXAS AND LOCATED AT 180 & 190 JELLICO CIRCLE,
SOUTHLAKE, TEXAS. CURRENT ZONING: "SF -1A" SINGLE FAMILY
RESIDENTIAL DISTRICT. SPIN #11.
4N. APPROVE THE ABSENCES FOR MICHAEL SPRINGER FROM THE MAY 22,
2014 AND JUNE 5, 2014 PLANNING AND ZONING COMMISSION MEETINGS.
40. SV14 -010, VARIANCE TO SIGN ORDINANCE NO. 704 -F REGULATIONS FOR
THE GROVE TEMPORARY LAND SIGNS LOCATED AT 500 WEST STATE
HIGHWAY 114 AND EAST STATE HIGHWAY 114 FRONTAGE ROAD.
Item approved with consent agenda, stating the variance is for two year period and no
other signs are added.
4P. APPROVE TELECOM EXPENSES FOR VERIZON SERVICES IN THE
AMOUNT OF $143,187.
4Q. APPROVE TELECOM /INTERNET EXPENSES FOR ONESOURCE
COMMUNICATIONS SERVICES IN THE AMOUNT OF $64,724.
4R. APPROVE TOSHIBA COPIER SERVICES EXPENSES IN THE AMOUNT OF
$90,140.
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Page 4 of 14
4S. APPOINT A CITY SECRETARY AND APPROVE EMPLOYMENT
AGREEMENT FOR THE CITY SECRETARY.
4T. RESOLUTION NO. 14 -032, ADOPTING A RESOLUTION SUPPORTING THE
NEED TO ADEQUATELY FUND TRANSPORTATION AND AUTHORIZING
THE MAYOR TO EXECUTE THE RESOLUTION ON BEHALF OF THE CITY
COUNCIL.
4U. TABLED ITEMS:
1. 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. (THIS ITEM
WAS TABLED BY COUNCIL AT THE JUNE 3, 2014 CITY COUNCIL
MEETING TO THE JUNE 17, 2014 CITY COUNCIL MEETING. ON JUNE 5,
2014, THE APPLICANT HAS FORMALLY WITHDRAWN THEIR
REQUEST.)
2. ORDINANCE NO. 480 -624B (ZA14 -021), 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 E. KIRKWOOD BLVD.
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. (THIS ITEM
WAS TABLED BY COUNCIL AT THE JUNE 3, 2014 CITY COUNCIL
MEETING TO THE AUGUST 5, 2014 CITY COUNCIL MEETING.)
3. ORDINANCE NO. 480 -646A (ZA14 -022), 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. (THIS ITEM WAS TABLED BY
COUNCIL AT THE JUNE 3, 2014 CITY COUNCIL MEETING TO THE
AUGUST 5, 2014 CITY COUNCIL MEETING.)
APPROVED
A motion was made to approve the consent agenda as presented noting the following:
Item 4G subject to City Attorney approval, item 40 the variance is for two year period
REGULAR CITY COUNCIL MEETING MINUTES, JUNE 17, 2014
Page 5 of 14
and no other signs are to be added, item 4L will be removed from consent agenda,
adding item 7B which was tabled at the request of the applicant.
Motion: Williamson
Second: Fawks
Ayes: Fawks, Morris, Shafi, 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.
Mayor Terrell moved to Item 4L.
4L. APPROVE RESIDENTIAL DEVELOPER AGREEMENT WITH
BROWNSTONES AT TOWN SQUARE, L.P. FOR THE GARDEN DISTRICT
AND PHASE C BROWNSTONES.
Director of Public Works Bob Price presented item and was available to answer
questions from Council.
Developer Frank Bliss was available to answer questions from Council.
A motion was made to approve residential developer agreement with Brownstones at
Town Square, L.P. for The Garden District and Phase C Brownstones.
Motion: Williamson
Second: Fawks
Ayes: Fawks, Morris, Terrell, Williamson
Nays: Shafi
Approved: 4 -1
6. ORDINANCES, SECOND READINGS, PUBLIC HEARINGS, AND RELATED
ITEMS:
6A. ZA13 -005, SITE PLAN FOR DUFF'S FAMOUS WINGS ON PROPERTY
DESCRIBED AS LOT 3, BLOCK 1, CORNERSTONE PLAZA, CITY OF
SOUTHLAKE, TARRANT COUNTY, TEXAS AND BEING LOCATED AT 2787
EAST SOUTHLAKE BOULEVARD, B -100, SOUTHLAKE, TEXAS. CURRENT
ZONING: "S -P -2" GENERALIZED SITE PLAN DISTRICT. SPIN #8. PUBLIC
HEARING
APPROVED
Principal Planner Daniel Cortez presented item and was available to answer questions
from Council.
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Page 6 of 14
Applicant RJ Weigel presented information on their business.
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 -005, Site Plan for Duffs Famous Wings subject to
staff report dated May 30, 2014 granting the variance request and noting the columns
for the awning will be 32 inches in height and that the width and depth of the columns
will be substantially similar to the submitted renderings and approving the red awning.
Motion: Williamson
Second: Morris
Ayes: Fawks, Morris, Shafi, Terrell, Williamson
Approved: 5 -0
6B. ZA14 -004 SITE PLAN FOR SOUTHLAKE HERITAGE BUSINESS PARK NO. 2
ON PROPERTY DESCRIBED AS TRACT 1, C. MCDONALD SURVEY,
ABSTRACT NO. 1013, CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS,
AND LOCATED AT 2600 STATE HIGHWAY 26, SOUTHLAKE, TEXAS.
CURRENT ZONING: "1 -1" LIGHT INDUSTRIAL DISTRICT. SPIN #8. PUBLIC
HEARING
APPROVED
Senior Director of Planning and Development Services Ken Baker presented items 6B
and 6C and was available to answer questions from Council.
Applicant Mace McClatchy 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 -004 Site Plan for Southlake Heritage Business
Park No. 2 subject to the staff report dated June 11, 2014 and site plan review summary
No. 6 dated June 11, 2014, granting applicant's variances to driveway stacking depth,
driveway spacing, and tree preservation, adding stone on the north elevation of both
buildings as agreed upon by the applicant, and making reference to the transportation
improvements represented this evening.
Motion: Williamson
Second: Morris
Ayes: Fawks, Morris, Shafi, Terrell, Williamson
Approved: 5 -0
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Page 7 of 14
6C. ZA14 -005 PRELIMINARY PLAT FOR LOT 1, BLOCK 1, HERITAGE
BUSINESS PARK NO. 2 ON PROPERTY DESCRIBED AS TRACT 1, C.
MCDONALD SURVEY, ABSTRACT NO. 1013, CITY OF SOUTHLAKE,
TARRANT COUNTY, TEXAS, AND LOCATED AT 2600 STATE HIGHWAY 26,
SOUTHLAKE, TEXAS. CURRENT ZONING: "1 -1" LIGHT INDUSTRIAL
DISTRICT. SPIN #8.
APPROVED
Senior Director of Planning and Development Services Ken Baker presented item and
was available to answer questions from Council.
A motion was made to approve ZA14 -005 Preliminary Plat for Lot 1, Block 1, Heritage
Business Park No. 2 addition subject to the staff report dated June 11, 2014 and plat
review summary No. 4 dated June 11, 2014, granting the applicant's variances to
driveway stacking depth, driveway spacing, and tree preservation, as well as the
transportation representations made.
Motion: Williamson
Second: Morris
Ayes: Fawks, Morris, Shafi, Terrell, Williamson
Approved: 5 -0
6D. RESOLUTION NO. 14 -028 (ZA14 -067), SPECIFIC USE PERMIT FOR
JOHNSON ELEMENTARY SCHOOL OBSERVATORY TO INCLUDE A
REQUEST FOR A VARIANCE TO THE MASONRY ORDINANCE NO. 557 -A,
AS AMENDED, ON PROPERTY DESCRIBED AS LOT 13R1, F. THROOP NO.
1511 ADDITION, AN ADDITION TO THE CITY OF SOUTHLAKE, TARRANT
COUNTY, TEXAS AND LOCATED AT 1301 NORTH CARROLL AVENUE,
SOUTHLAKE, TEXAS. CURRENT ZONING: "CS" COMMUNITY SERVICE
DISTRICT. SPIN #3. PUBLIC HEARING
APPROVED
Principal Planner Daniel Cortez presented item and was available to answer questions
from Council.
Applicant representatives Matt Miller and Dr. Rene Moses 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 -028 (ZA14 -067), Specific Use Permit
for Johnson Elementary School Observatory subject to the staff report dated May 30,
2014, and also granting each of the variance requests; one to the masonry ordinance
No. 557 noting that the facade will not be vinyl siding, rather it will be Smart Side trim as
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Page 8 of 14
presented this evening, also granting the variance to Zoning Ordinance No. 480 with
respect to the roof, also adding provision that the general limitation of use will be 11:00
p.m. each evening with the exception of special astronomical events and also to include
the articulation variance.
Motion: Williamson
Second: Shafi
Ayes: Fawks, Morris, Shafi, 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 AN ACCESSORY
BUILDING ON PROPERTY BEING DESCRIBED AS LOT 13R1, F. THROOP
NO. 1511 ADDITION WITHIN THE CITY OF SOUTHLAKE, TEXAS, AS
DEPICTED ON THE APPROVED SITE EXHIBIT ATTACHED HERETO AND
INCORPORATED HEREIN AS EXHIBIT "A" AND PROVIDING AN EFFECTIVE
DATE.
6E. RESOLUTION NO. 14 -027, (ZA14 -066), SPECIFIC USE PERMIT FOR A
RESIDENTIAL SOLAR ENERGY SYSTEM ON PROPERTY BEING
DESCRIBED AS LOT 26, THOMAS M. HOOD SURVEY, ABSTRACT NO. 706,
AN ADDITION TO THE CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS
AND LOCATED AT 1700 SHADY OAKS DRIVE, SOUTHLAKE, TEXAS.
CURRENT ZONING: "R -PUD" RESIDENTIAL PLANNED UNIT
DEVELOPMENT DISTRICT. SPIN #5. PUBLIC HEARING
APPROVED
Principal Planner Daniel Cortez 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 -027, (ZA14 -066), Specific Use Permit
for a Residential Solar Energy System subject to staff report dated May 30, 2014 and
noting that the number of panels on the final project will be 78 instead of 72, approving
the 78 panels.
Motion: Williamson
Second: Shafi
Ayes: Fawks, Morris, Shafi, Terrell, Williamson
Approved: 5 -0
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Page 9 of 14
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 SOLAR ENERGY
SYSTEM ON RESIDENTIAL PROPERTY WITHIN THE CITY OF SOUTHLAKE,
TEXAS, LOCATED AT 1700 SHADY OAKS DRIVE, BEING DESCRIBED AS
LOT 26, THOMAS M. HOOD SURVEY, ABSTRACT NO. 706 AS DEPICTED ON
THE APPROVED SITE EXHIBIT ATTACHED HERETO AND INCORPORATED
HEREIN AS EXHIBIT "A" AND PROVIDING AN EFFECTIVE DATE.
6F. ZA14 -068, SITE PLAN FOR ALTAR'D STATE ON PROPERTY BEING
DESCRIBED AS LOT 2R, BLOCK 4R1, SOUTHLAKE TOWN SQUARE
ADDITION PHASE I, AN ADDITION TO THE CITY OF SOUTHLAKE,
TARRANT COUNTY, TEXAS, AND LOCATED AT 1460 MAIN
STREET,SOUTHLAKE, TEXAS. CURRENT ZONING: "DT" DOWNTOWN
DISTRICT. SPIN #8. PUBLIC HEARING
APPROVED
Principal Planner Daniel Cortez presented item and was available to answer questions
from Council.
Applicant representative Greg Terry 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.
Jason Kasal, 5741 Legacy, Plano, Texas spoke in support of this item.
A motion was made to approve ZA14 -068, Site Plan for Altar'd State subject to staff
report dated June 11, 2014 noting option number one as presented this evening.
Motion: Williamson
Second: Shafi
Ayes: Fawks, Morris, Shafi, Terrell, Williamson
Approved: 5 -0
Mayor Terrell called for a recess at 9:03 p.m.
Mayor Terrell reconvened meeting at 9:20 p.m.
7. ORDINANCES, FIRST READINGS, AND RELATED ITEMS:
7A. ORDINANCE NO. 480 -670 (ZA14 -058), 1ST READING, ZONING CHANGE
AND SITE PLAN FOR EMPIRE RUGS ON PROPERTY BEING DESCRIBED
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AS LOT 1R, BLOCK 1, MIRON ADDITION, AN ADDITION TO THE CITY OF
SOUTHLAKE, TARRANT COUNTY, TEXAS, LOCATED AT 1695 EAST
SOUTHLAKE BOULEVARD, SOUTHLAKE, TEXAS. CURRENT ZONING: "C-
2" LOCAL RETAIL COMMERCIAL DISTRICT. REQUESTED ZONING: "S -P-
1" DETAILED SITE PLAN DISTRICT WITH "C -2" LOCAL RETAIL
COMMERCIAL DISTRICT USES. SPIN #8. (IF APPROVED, THE PUBLIC
HEARING WILL BE HELD ON AUGUST 5, 2014.)
DENIED
Principal Planner Daniel Cortez presented item and was available to answer questions
from Council.
Applicant representative Robert Garza presented item and was available to answer
questions from Council.
A motion was made to deny Ordinance No. 480 -670 (ZA14 -058), Zoning Change and
Site Plan for Empire Rugs.
Motion: Williamson
Second: Fawks
Ayes: Fawks, Morris, Shafi, Terrell, Williamson
Denied: 5 -0
7B. ORDINANCE NO. 480 -672 (ZA14 -054), 1ST READING, ZONING CHANGE
AND CONCEPT PLAN FOR HARBORCHASE OF SOUTHLAKE ON
PROPERTY DESCRIBED AS TRACTS 4C, 4C1, 4C2 AND 4C3, ABSALOM H.
CHIVERS SURVEY, ABSTRACT NO. 299, CITY OF SOUTHLAKE, TARRANT
COUNTY, TEXAS AND LOCATED AT 600, 700 AND 750 EAST STATE
HIGHWAY 114 AND 900 EAST HIGHLAND STREET, SOUTHLAKE, TEXAS.
CURRENT ZONING: "AG" AGRICULTURAL DISTRICT. REQUESTED
ZONING: "S -P -2" GENERALIZED SITE PLAN DISTRICT. SPIN #3. (IF
APPROVED, THE PUBLIC HEARING WILL BE HELD ON AUGUST 5, 2014.)
APPROVED
The tabling of this item was approved with the consent agenda.
8. RESOLUTIONS:
8A. RESOLUTION NO. 14 -030, AUTHORIZING THE CITY ATTORNEY TO BRING
CONDEMNATION ACTION FOR THE PURPOSE OF OBTAINING A RIGHT OF
WAY TO CONSTRUCT AND MAINTAIN WATER LINES, TRAILS, AND
ROADWAY APPURTENANCES ON LAND LOCATED IN THE THOMAS M.
HOOD SURVEY, ABSTRACT NO. 706 AT 1170 AND 1180 NORTH WHITE
CHAPEL BOULEVARD.
APPROVED
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Page 11 of 14
No presentation was required from Council.
A motion was made to the City of Southlake to authorize the use of the power of
eminent domain to acquire land located in the Thomas M. Hood Survey, Abstract No.
706 at 1170 and 1180 North White Chapel Boulevard for obtaining a right -of -way to
construct and maintain waterlines, sidewalks, and roadway appurtenances.
Motion: Williamson
Second: Morris
Ayes: Fawks, Morris, Shafi, 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 OF SOUTHLAKE, TEXAS AUTHORIZING THE
CITY ATTORNEY TO BRING A CONDEMNATION ACTION FOR THE
PURPOSE OF OBTAINING A RIGHT OF WAY AND EASEMENTS FOR
CONSTRUCTION AND MAINTENANCE OF ROADWAY IMPROVEMENTS OR
FOR OTHER PUBLIC USES PERMITTED BY LAW.
9. OTHER ITEMS FOR CONSIDERATION:
9A. MSP14 -002, MASTER SIGN PLAN FOR PARK VILLAGE LOCATED AT 300
SOUTH CARROLL AVENUE.
TABLED
Senior Director of Planning and Development Services Ken Baker presented item and
was available to answer questions from Council.
Applicant representative Steven Coslik presented item and was available to answer
questions from Council.
A motion was made to table MSP14 -002, Master Sign Plan for Park Village located at
300 South Carroll Avenue to the August 5, 2014 City Council meeting.
Motion: Williamson
Second: Morris
Ayes: Fawks, Morris, Shafi, Terrell, Williamson
Approved: 5 -0
9B. SV14 -011, VARIANCE TO SIGN ORDINANCE NO. 704 -F REGULATIONS FOR
IL CALABRESE RESTAURANT LOCATED AT 1281 EAST STATE HIGHWAY
114.
APPROVED
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Page 12 of 14
Senior Director of Planning and Development Services Ken Baker presented item and
was available to answer questions from Council.
Applicant representative Dan Holzschott presented item and was available to answer
questions from Council.
A motion was made to approve SV14 -011, Variance to Sign Ordinance No. 704 -F
regulations for it Calabrese Restaurant subject to staff report dated June 11, 2014
noting the following; letters on the north elevation are not to exceed 24 inches in height,
the overall square footage of the east elevation is not to exceed 75% of the boxed
facade area, noting the applicant as agreed to restore the areas behind previous signs
to ensure facade is consistent with existing facade and approving variance as presented
with conditions stipulated.
Motion: Williamson
Second: Fawks
Ayes: Fawks, Morris, Shafi, Terrell, Williamson
Approved: 5 -0
9C. MSP14 -001, MASTER SIGN PLAN FOR KIMBALL OAKS RETAIL CENTER
LOCATED AT 2221 EAST SOUTHLAKE BOULEVARD.
APPROVED
Senior Director of Planning and Development Services Ken Baker presented item and
was available to answer questions from Council.
Applicant representative Henry Quaid presented item and was available to answer
questions from Council.
A motion was made to approve MSP14 -001, Master Sign Plan for Kimball Oaks Retail
Center, noting the following; no action will be taken on building G and will go back to the
sign committee for consideration, building C north elevation will have a maximum logo
size of 72 inches with 20 inch lettering for PGA Tour and 36 inch lettering for
Superstore, the east elevation is as presented, the south elevation will match the east
elevation and the sign will not be lit on the south elevation.
Motion: Williamson
Second: Fawks
Ayes: Fawks, Morris, Shafi, Terrell, Williamson
Approved: 5 -0
10. OTHER ITEMS FOR DISCUSSION: (THERE ARE NO ITEMS ON THIS
AGENDA.)
11. MEETING ADJOURNED.
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Page 13 of 14
Mayor Terrell adjourned the meeting at 11:21 p.m.
*An audio recording of this meeting will be permanently retained in the City Secretary's
Office.
John C. Terrell
Mayor
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Lori Payne, TRM
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City Secretary ••••••••
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