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2015-09-15 Regular CC MeetingCITY TEXAS REGULAR CITY COUNCIL MEETING . SEPTEMBER 15, 2015 LOCATION: 1400 Main Street, Southlake, Texas 76092 Council Chambers in Town Hall WORK SESSION: 5:30 P.M. 1. Call to order 2. Invocation: David Boxerman 3. Chamber of Commerce Update 4. Honors and Recognitions A. Recognition of outgoing board and commission members B. City staff recognition 5. 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 city attornev a. Seek advice of city attorney regarding pending or contemplated litigation or a settlement offer regarding Cause No.67-278292-15; styled W.K. Painting, Inc. v. City of Southlake," involving a contractual dispute regarding a City of Southlake values: Integrity ♦ Innovation + Accountability ♦ Commitment to Excellence ♦ Teamwork City of Southlake City Council meeting agenda September 15, 2015 Page 2 of 8 Public Works project, specifically repainting of Pearson groundwater storage tanks. b. Seek advice of city attorney regarding pending or contemplated litigation or a settlement offer regarding a dispute arising out of Cause Number: 2012-004229-3; styled "City of Southlake, Texas vs. Gerald C. Graham, et al," involving legal issues arising out of a settlement agreement and disputes arising thereunder. C. Seek advice of the city attorney regarding recent U.S. Supreme Court rulings. 2. Section 551.072: Deliberation regarding real_prol2erty a. Discuss right of way acquisition and process of potential purchase or lease of real property for city facilities and projects. B. Reconvene: Action necessary on items discussed in Executive Session. 3. REPORTS: A. Mayor's Report B. City Manager's Report Crud Cruiser Event — coming soon 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 September 1, 2015 regular City Council meeting. B. ZA15-085, Plat Revision for Lots 1 R1 R1 and 1 R1 R2, Block 1, Sabre Group Campus Addition on properly described as Lot 1 R1, Block 1, Sabre Group Campus Addition, an addition to the City of Southlake, Tarrant County, Texas and located at 3000 Kirkwood Boulevard, Southlake, Texas. Current Zoning: "NR -PUD" Non -Residential Planned Unit Development District. City of Southlake values: Integrity 1 Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork City of Southlake City Council meeting agenda September 15, 2015 Page 3 of 8 C. Approve permit for Sister Cities International Young Artist and Authors Showcase exhibit January 4, 2016 through February 12, 2016 in Southlake Town Hall lobby. D. Approve Community Services Agreement with APEX Arts League. E. Approve Community Services Agreement with Arts Council Northeast. F. Approve Community Services Agreement with Southlake Sister Cities. G. Approve Community Services Agreement with Southlake Historical Society. H. Approve contract with artist Dream Big Sculptures for public art for the roundabout at Dove Road and Peytonville/Sam School Road. I. Approve contract with artist Kathleen Caricof for public art for The Marq Southlake, Phase 1. TABLED ITEMS: J. Ordinance No. 480-481B, (ZA15-062), 2nd Reading, Zoning Change and Site Plan for Bicentennial Retail Plaza on property described as Lot 13, Littleberry G. Hall No. 686 Addition, an addition to the City of Southlake, Tarrant County, Texas, and located at 410 West Southlake Boulevard, Southlake, Texas. Current Zoning: "S -P-1" Detailed Site Plan Zoning District. Requested Zoning: "S -P-1" Detailed Site Plan Zoning District. SPIN #7. PUBLIC HEARING (At the request of the applicant, this item has been tabled to the October 6, 2015 City Council meeting.) K. Ordinance No. 480-703 (ZA15-084), 1St Reading, Zoning Change and Development Plan for Diyar Eco Estates on property described as Lot 1 R, Block 2, East Haven Addition, an addition to the City of Southlake, Tarrant County, Texas, and located at 1021 East Continental Boulevard, Southlake, Texas. Current Zoning: "SF -2" Single Family Residential District. Proposed Zoning: "R -PUD" Residential Planned Unit Development District. SPIN #9. (This item was tabled at the September 3, 2015 Planning and Zoning Commission meeting until the September 17, 2015 Planning and Zoning Commission meeting. If approved, at this meeting the 1st Reading will be at the October 6, 2015 City Council meeting.) L. Ordinance No. 480-701 (ZA15-070), 2"d Reading, Zoning Change and Development Plan for Matthews Court on property described as portions City of Southlake values: Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork City of Southlake City Council meeting agenda September 15, 2015 Page 4 of 8 of Tracts 3D, 3D2 and 3, Obediah W. Knight Survey, Abstract No. 899, City of Southlake, Tarrant County, Texas, and located at 851 and 841 East Southlake Boulevard and 650 South Carroll Avenue, Southlake, Texas. Current Zoning: "AG" Agricultural District. Proposed Zoning: "R - PUD" Residential Planned Unit Development. SPIN #9. PUBLIC HEARING (At the request of the applicant, this item has been tabled to the October 6, 2095 City Council meeting.) M. ZA15-071, Preliminary Plat for Matthews Court on property described as portions of Tracts 3D, 3D2 and 3, Obediah W. Knight Survey, Abstract No. 899, City of Southlake, Tarrant County, Texas, and located at 851 and 841 East Southlake Boulevard and 650 South Carroll Avenue, Southlake, Texas. Current Zoning: "AG" Agricultural District. SPiN #9. (At the request of the applicant, this item has been tabled to the October 6, 2095 City Council meeting.) N. Ordinance No. 480-702 (ZA15-074) 1st Reading, Zoning Change and Concept Plan Lot 19, 20 and 21, H. Granberry No. 581 Addition on property described as Tract 513, H. Granberry Survey, Abstract No. 581 and Lot 6, H. Granberry No. 581 Addition, an addition to the City of Southlake, Tarrant County, Texas and located at 859 and 911 South White Chapel Boulevard, Southlake, Texas, Current Zoning: "AG" Agricultural District and "RE" Single Family Residential Estate District. Requested Zoning: "SF -2" Single Family Residential District and "RE" Single Family Residential Estate District. SPIN #9. (At the request of the applicant, this item has been tabled to the October 6, 2015 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. 480-646b, (ZA15-086), 2nd Reading, Zoning Change and Site Plan for Kimball Lakes Medical Offices, Phase II on property described Lots 1 and 2, Silver Ridge Addition, Phase II, and Lots 3 through 7, Silver Ridge Addition, Phase IIi, additions to the City of Southlake, Tarrant County, Texas and located at 620 and 630 North Kimball Avenue and 2011 through 2141 East Kirkwood Boulevard, Southlake, Texas. Current Zoning: "S -P-1" Detailed Site Plan District. City of Southlake values.- Integrity alues.Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork City of Southlake City Council meeting agenda September 15, 2015 Page 5 of 8 Requested Zoning: "S -P-1" Detailed Site Plan District. SPIN #4. PUBLIC HEARING B. Resolution No. 15-028, (ZA15-034), Specific Use Permit for a Telecommunications Tower, Antennas and Ancillary Buildings at 1604 Hart Street on property being described as Lot 4, Block A of the Hark Industrial Park Addition, an addition to the City of Southlake, Tarrant County, Texas located at 1604 Hart Street (1610 — 1612 Hart Street), Southlake, Texas. Current Zoning: "I-1" Light Industrial District. SPIN #8. PUBLIC HEARING C. Resolution No. 15-043, (ZA15-094), Specific Use Permit for The Parkview Residences on property described as Lot 4, Block 4R1, Southlake Town Square Addition, Phase I, an addition to the City of Southlake, Tarrant County, Texas and located at 1471 Federal Way, Southlake, Texas. Current Zoning: "DT" Downtown District. SPIN #8. PUBLIC HEARING D. Ordinance No. 704-H, 2nd Reading, An amendment to the Sign Ordinance No. 704, as amended, providing provisions addressing upper story signage on multi -story buildings. PUBLIC HEARING E. Ordinance No. 480-TTTT, 2"d Reading, An amendment to the Comprehensive Zoning Ordinance No. 480, as amended, as it pertains to provisions to allow electric vehicle charging stations. PUBLIC HEARING F. Ordinance No. 1125, 2"d Reading, Approving and adopting the Annual Budget for the Fiscal Year 2016 and approving the revised budget figures for the Fiscal Year 2015 and multi-year capital improvement. PUBLIC HEARING G. Ordinance No. 1126, 2nd Reading, Tax Levy Ordinance. 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 September '15, 2015 Page 6 of 8 CERTIFICATE hereby certify that the above agenda was posted on the official bulletin boards at Town Hall, 1400 Main Street, Southlake, Texas, on Friday, September 11, 2015 by 6:00 p.m., pursuant to the Texas Government Code, Chapter 551. 1,4: Pa Lori Payne, TRW City Secretary If you plan to attend this public m&#pp evol-Ap a disability that requires special needs, please advise the City Secretary's Office 48 hours in 9tfV&fi a at 817-748-8016 and reasonable accommodations will be made to assist you. City of Southlake values: Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork '0 a a� If you plan to attend this public m&#pp evol-Ap a disability that requires special needs, please advise the City Secretary's Office 48 hours in 9tfV&fi a at 817-748-8016 and reasonable accommodations will be made to assist you. City of Southlake values: Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork City of Southlake City Council meeting agenda September 15, 2015 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 H. Watson v. City of Allen, et.al.; Civil Action No. 4:15 -CV -00335-A. 7. M.K. Painting, Inc. v. City of Southlake, Texas. 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 551.07.3: 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 regardinq economic development negotiations. The City Council may discuss or deliberate regarding commercial or financial information received from a business prospect that the city seeks to have locate, stay, or expand in or near the city and which the City is conducting economic development negotiations; or to deliberate the offer of a financial or other incentive to a business prospect as described above. City of Southlake values: Integrity ♦ Innovation ♦ Accountability ♦ Commitment to ,Excellence ♦ Teamwork City of Southlake City Council meeting agenda September 15, 2015 Page 8 of 8 Section 418.183(D: 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) & U: Local_ meetings to discuss emergency management plans re-garding pipeline safptLr. 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 alues.Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork UCITY OF SOUTHLAKE TEXAS REGULAR CITY COUNCIL MEETING MINUTES: SEPTEMBER 15, 2015 LOCATION: 1400 Main Street, Southlake, Texas 76092 City Council Chambers CITY COUNCIL PRESENT: Mayor Laura Hill, Mayor Pro Tem Randy Williamson, Deputy Mayor Pro Tem Brandon Bledsoe, and Councilmembers Gary Fawks (arrived at 5:34 p.m.), John Huffman, Shawn McCaskill, and Shahid Shafi. CITY COUNCIL ABSENT: None. STAFF PRESENT: City Manager Shana Yelverton, Assistant City Manager Ben Thatcher, Assistant City Manager Alison Orlowski, Deputy Director of Communication Pilar Schank, Chief Financial Officer Sharen Jackson, Director of Economic Development and Tourism Shannon Hamons, Director of Community Services Chris Tribble, Deputy Director of Community Services Candice Edmondson, Assistant to the Director of Community Services Cassie Tucker, Police Chief James Brandon, Fire Chief Mike Starr, Deputy Fire Chief Wade Carroll, Director of Human Resources Stacey Black, Director of Information Technology Greg Hendricks, Senior Director of Planning and Development Services Ken Baker, Director of Public Works Bob Price, Civil Engineer Steve Anderson, Civil Engineer Alex Ayala, City Attorney E. Allen Taylor, and City Secretary Lori Payne. WORK SESSION: 1. CALL TO ORDER The Work Session was called to order by Mayor Hill at 5:30 p.m. 2. INVOCATION David Boxerman gave the invocation. Mayor Hill led the pledge of allegiance to the United States and Texas Flags. 3. SOUTHLAKE CHAMBER OF COMMERCE UPDATE Mayor Hill introduced Southlake Chamber of Commerce Board Chairman Ian MacLean. Mr. MacLean gave a brief update on Chamber activities. 4. HONORS AND RECOGNITIONS REGULAR CITY COUNCIL MEETING MINUTES, SEPTEMBER 15, 2015 Page 1 of 13 A. RECOGNITION OF OUTGOING BOARD AND COMMISSION MEMBERS Mayor Hill and City Council members recognized and thanked former Planning and Zoning Commission Chairman, Robert Hudson, for his years of service to the city. B. CITY STAFF RECOGNITION City Manager Shana Yelverton, Mayor Hill, and City Council members recognized and thanked former Deputy Director of Public Works Cheryl Taylor for her years of service to the city. Director of Public Works Bob Price also thanked Ms. Taylor for everything she has done for the city, for the community, and for the department. Ms. Taylor recently left employment with the City of Southlake to work for the City of Colleyville. 5. DISCUSS ALL ITEMS ON TONIGHT'S AGENDA. NO ACTION WILL BE TAKEN AND EACH ITEM WILL BE CONSIDERED DURING THE REGULAR SESSION. Mayor Hill and Council reviewed the consent agenda items. REGULAR SESSION: 1. CALL TO ORDER The Regular Session of the City Council was called to order by Mayor Hill at 5:53 p.m. 2A. EXECUTIVE SESSION Mayor Hill announced that City Council would be going into Executive Session pursuant to the Texas Government Code, Section 551.071, consultation with city attorney, and Section 551.072, deliberation regarding real property. City Council adjourned for Executive Session at 5:53 p.m. Executive Session began at 6:04 p.m. and concluded at 7:17 p.m. 2B. RECONVENE Mayor Hill reconvened the meeting at 7:23 p.m. Mayor Hill asked if any action was necessary from Executive Session. There was no action necessary as a result of Executive Session. 3A. MAYOR'S REPORT Mayor Hill briefly announced upcoming meetings and events. 3B. CITY MANAGER'S REPORT REGULAR CITY COUNCIL MEETING MINUTES, SEPTEMBER 15, 2015 Page 2 of 13 3131. CRUD CRUISER EVENT — COMING SOON City Manager Yelverton briefly introduced two topics. First, Deputy Fire Chief Wade Carroll presented information on the upcoming Crud Cruiser event on October 17, 2015 and, second, Director of Community Services Chris Tribble presented information on the recent grand opening of Bicentennial Park Phase 2 improvements and playground held on September 12, 2015. REGULAR AGENDA: 4. CONSENT AGENDA Mayor Hill read the Consent Agenda items into the record. 4A. APPROVE MINUTES FROM THE SEPTEMBER 1, 2015 REGULAR CITY COUNCIL MEETING. APPROVED A motion was made to approve the consent agenda item 4A. Motion: Williamson Second: Fawks Ayes: Fawks, Hill, Huffman, McCaskill, Shafi, Williamson Abstain: Bledsoe Approved: 6-0-1 4B. ZA15-085, PLAT REVISION FOR LOTS 1 R1 R1 AND 1 R1 R2, BLOCK 1, SABRE GROUP CAMPUS ADDITION ON PROPERTY DESCRIBED AS LOT 1R1, BLOCK 1, SABRE GROUP CAMPUS ADDITION, AN ADDITION TO THE CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS AND LOCATED AT 3000 KIRKWOOD BOULEVARD, SOUTHLAKE, TEXAS. CURRENT ZONING: "NR - PUD" NON-RESIDENTIAL PLANNED UNIT DEVELOPMENT DISTRICT. 4C. APPROVE PERMIT FOR SISTER CITIES INTERNATIONAL YOUNG ARTIST AND AUTHORS SHOWCASE EXHIBIT JANUARY 4, 2016 THROUGH FEBRUARY 12, 2016 IN SOUTHLAKE TOWN HALL LOBBY. 4D. APPROVE COMMUNITY SERVICES AGREEMENT WITH APEX ARTS LEAGUE. 4E. APPROVE COMMUNITY SERVICES AGREEMENT WITH ARTS COUNCIL NORTHEAST. 4F. APPROVE COMMUNITY SERVICES AGREEMENT WITH SOUTHLAKE SISTER CITIES. REGULAR CITY COUNCIL MEETING MINUTES, SEPTEMBER 15, 2015 Page 3 of 13 4G. APPROVE COMMUNITY SERVICES AGREEMENT WITH SOUTHLAKE HISTORICAL SOCIETY. 4H. APPROVE CONTRACT WITH ARTIST DREAM BIG SCULPTURES FOR PUBLIC ART FOR THE ROUNDABOUT AT DOVE ROAD AND PEYTONVILLEISAM. SCHOOL ROAD. 41. APPROVE CONTRACT WITH ARTIST KATHLEEN CARICOF FOR PUBLIC ART FOR THE MARQ SOUTHLAKE, PHASE 1. TABLED ITEMS: 4J. ORDINANCE NO. 480-481B, (ZA15-062), 2ND READING, ZONING CHANGE AND SITE PLAN FOR BICENTENNIAL RETAIL PLAZA ON PROPERTY DESCRIBED AS LOT 13, LITTLEBERRY G. HALL NO. 686 ADDITION, AN ADDITION TO THE CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS, AND LOCATED AT 410 WEST SOUTHLAKE BOULEVARD, SOUTHLAKE, TEXAS. CURRENT ZONING: "S -P-1" DETAILED SITE PLAN ZONING DISTRICT. REQUESTED ZONING: "S -P-1" DETAILED SITE PLAN ZONING DISTRICT. SPIN #7. PUBLIC HEARING (AT THE REQUEST OF THE APPLICANT, THIS ITEM HAS BEEN TABLED TO THE OCTOBER 6, 2015 CITY COUNCIL MEETING.) 4K. ORDINANCE NO. 480-703 (ZA15-084), 1St READING, ZONING CHANGE AND DEVELOPMENT PLAN FOR DIYAR ECO ESTATES ON PROPERTY DESCRIBED AS LOT 1 R, BLOCK 2, EAST HAVEN ADDITION, AN ADDITION TO THE CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS, AND LOCATED AT 1021 EAST CONTINENTAL BOULEVARD, SOUTHLAKE, TEXAS. CURRENT ZONING: "SF -2" SINGLE FAMILY RESIDENTIAL DISTRICT. PROPOSED ZONING: "R -PUD" RESIDENTIAL PLANNED UNIT DEVELOPMENT DISTRICT. SPIN #9. (THIS ITEM WAS TABLED AT THE SEPTEMBER 3, 2015 PLANNING AND ZONING COMMISSION MEETING UNTIL THE SEPTEMBER 17, 2015 PLANNING AND ZONING COMMISSION MEETING. IF APPROVED, AT THIS MEETING THE 1ST READING WILL BE AT THE OCTOBER 6, 2015 CITY COUNCIL MEETING.) 4L. ORDINANCE NO. 480-701 (ZA15-070), 2"d READING, ZONING CHANGE AND DEVELOPMENT PLAN FOR MATTHEWS COURT ON PROPERTY DESCRIBED AS PORTIONS OF TRACTS 3D, 3132 AND 3, OBEDIAH W. KNIGHT SURVEY, ABSTRACT NO. 899, CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS, AND LOCATED AT 851 AND 841 EAST SOUTHLAKE BOULEVARD AND 650 SOUTH CARROLL AVENUE, SOUTHLAKE, TEXAS. CURRENT ZONING: "AG" AGRICULTURAL DISTRICT. PROPOSED ZONING: "R -PUD" RESIDENTIAL PLANNED UNIT DEVELOPMENT. SPIN #9. PUBLIC HEARING (AT THE REQUEST OF THE APPLICANT, THIS ITEM HAS BEEN TABLED TO THE OCTOBER 6, 2015 CITY COUNCIL MEETING.) REGULAR CITY COUNCIL MEETING MINUTES, SEPTEMBER 15, 2015 Page 4 of 13 4M. ZA15-071, PRELIMINARY PLAT FOR MATTHEWS COURT ON PROPERTY DESCRIBED AS PORTIONS OF TRACTS 3D, 3132 AND 3, OBEDIAH W. KNIGHT SURVEY, ABSTRACT NO. 899, CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS, AND LOCATED AT 851 AND 841 EAST SOUTHLAKE BOULEVARD AND 650 SOUTH CARROLL AVENUE, SOUTHLAKE, TEXAS. CURRENT ZONING: "AG" AGRICULTURAL DISTRICT. SPIN #9. (AT THE REQUEST OF THE APPLICANT, THIS ITEM HAS BEEN TABLED TO THE OCTOBER 6, 2015 CITY COUNCIL MEETING.) 4N. ORDINANCE NO. 480-702 (ZA15-074) 15t READING, ZONING CHANGE AND CONCEPT PLAN LOT 19, 20 AND 21, H. GRANBERRY NO. 581 ADDITION ON PROPERTY DESCRIBED AS TRACT 513, H. GRANBERRY SURVEY, ABSTRACT NO. 581 AND LOT 6, H. GRANBERRY NO. 581 ADDITION, AN ADDITION TO THE CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS AND LOCATED AT 859 AND 911 SOUTH WHITE CHAPEL BOULEVARD, SOUTHLAKE, TEXAS. CURRENT ZONING: "AG" AGRICULTURAL DISTRICT AND "RE" SINGLE FAMILY RESIDENTIAL ESTATE DISTRICT. REQUESTED ZONING: "SF -2" SINGLE FAMILY RESIDENTIAL DISTRICT AND "RE" SINGLE FAMILY RESIDENTIAL ESTATE DISTRICT. SPIN #9. (AT THE REQUEST OF THE APPLICANT, THIS ITEM HAS BEEN TABLED TO THE OCTOBER 6, 2015 CITY COUNCIL MEETING.) APPROVED A motion was made to approve the consent agenda items 4B through 41 and tabling items 4J through 4N as presented and subject to the following: • Item 413, subject to Plat Review Summary No. 3 dated September 8, 2015 and Staff Report dated September 8, 2015, granting the variance to Subdivision Ordinance No. 483, as amended, which requires all side lot lines to be perpendicular or radial to the right of way. This variance will allow the new boundary to follow the western boundary of the 100 -year floodplain through its intersection with the adjoining right of way of SH 114. Motion: Williamson Second: Bledsoe Ayes: Bledsoe, Fawks, Hill, Huffman, McCaskill, Shafi, Williamson Approved: 7-0 5. PUBLIC FORUM Mayor Hill opened the public forum. There being no one wishing to speak, Mayor Hill closed the public forum. 6. ORDINANCES, SECOND READINGS, PUBLIC HEARINGS, AND RELATED ITEMS: REGULAR CITY COUNCIL MEETING MINUTES, SEPTEMBER 15, 2015 Page 5 of 13 6A. ORDINANCE NO. 480-6466, (ZA15-086), 2nd READING, ZONING CHANGE AND SITE PLAN FOR KIMBALL LAKES MEDICAL OFFICES, PHASE II ON PROPERTY DESCRIBED LOTS 1 AND 2, SILVER RIDGE ADDITION, PHASE 11, AND LOTS 3 THROUGH 7, SILVER RIDGE ADDITION, PHASE III, ADDITIONS TO THE CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS AND LOCATED AT 620 AND 630 NORTH KIMBALL AVENUE AND 2011 THROUGH 2141 EAST KIRKWOOD BOULEVARD, SOUTHLAKE, TEXAS. CURRENT ZONING: "S -P-1" DETAILED SITE PLAN DISTRICT. REQUESTED ZONING: "S -P-1" DETAILED SITE PLAN DISTRICT. SPIN #4. PUBLIC HEARING APPROVED Senior Director of Planning and Development Services Ken Baker presented item and was available to answer questions from Council. Applicant Wayne Lee, 560 North Kimball, Southlake, Texas presented this item and answered Council's questions. Mayor Hill 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 Hill closed the public hearing. A motion was made to approve Ordinance No. 480-646b, (ZA15-086), 2"d Reading, Zoning Change and Site Plan for Kimball Lakes Medical Offices, Phase II, subject to Site Plan Review Summary No. 1 dated August 25, 2015 and Staff Report dated September 8, 2015 and noting all previous zoning conditions regarding the Phase II development will remain the same. Motion: Williamson Second: Bledsoe Ayes: Bledsoe, Fawks, Hill, Huffman, McCaskill, Shafi, Williamson Approved: 7-0 In accordance with Section 4.21 of the City Charter, the caption for this item is listed as follows: AN ORDINANCE AMENDING ORDINANCE NO. 480, AS AMENDED, THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF SOUTHLAKE, TEXAS; GRANTING A ZONING CHANGE ON A CERTAIN TRACT OR TRACTS OF LAND WITHIN THE CITY OF SOUTHLAKE, TEXAS BEING DESCRIBED AS LOTS 3 THROUGH 7, SILVER RIDGE ADDITION PHASE III, CITY OF SOUTHLAKE, TARRANT COUNTY TEXAS, BEING APPROXIMATELY 3.48 ACRES, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "S -P-1" DETAILED SITE PLAN DISTRICT TO "S -P-1" DETAILED SITE REGULAR CITY COUNCIL MEETING MINUTES, SEPTEMBER 15, 2015 Page 6 of 13 PLAN DISTRICT FOR KIMBALL LAKES MEDICAL OFFICES PHASE 11, AS DEPICTED ON THE APPROVED SITE PLAN ATTACHED HERETO AND INCORPORATED HEREIN AS EXHIBIT "B", SUBJECT TO THE SPECIFIC REQUIREMENTS CONTAINED IN THIS ORDINANCE; CORRECTING THE OFFICIAL ZONING MAP; PRESERVING ALL OTHER PORTIONS OF THE ZONING ORDINANCE; DETERMINING THAT THE PUBLIC INTEREST, MORALS AND GENERAL WELFARE DEMAND THE ZONING CHANGES AND AMENDMENTS HEREIN MADE; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY FOR VIOLATIONS HEREOF; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE. 6B. RESOLUTION NO. 15-028, (ZA15-034), SPECIFIC USE PERMIT FOR A TELECOMMUNICATIONS TOWER, ANTENNAS AND ANCILLARY BUILDINGS AT 1604 HART STREET ON PROPERTY BEING DESCRIBED AS LOT 4, BLOCK A OF THE HART INDUSTRIAL PARK ADDITION, AN ADDITION TO THE CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS LOCATED AT 1604 HART STREET (1610 — 1612 HART STREET), SOUTHLAKE, TEXAS. CURRENT ZONING: 1-1" LIGHT INDUSTRIAL DISTRICT. SPIN #8. PUBLIC HEARING DENIED Senior Director of Planning and Development Services Ken Baker presented item and was available to answer questions from Council. Applicant Kathy Zibilich, 8150 North Central Expressway, Dallas, Texas presented this item and answered Council's questions. Mayor Hill opened the public hearing and asked for anyone wishing to speak on the item to come forward. Eric Tang, 1105 Tealwood Court, Southlake, Texas spoke in opposition. Christopher Ducey, 1128 Tealwood Court, Southlake, Texas spoke in opposition. David Wilhite spoke in opposition. Ronald Valdez, 1108 Tealwood Court, Southlake, Texas spoke in opposition. Stacey Bott, 1604 Ponderosa Way, Southlake, Texas spoke in opposition. Joe Wright, 1640 Brumlow, Southlake, Texas spoke in opposition. Mayor Hill closed the public hearing. REGULAR CITY COUNCIL MEETING MINUTES, SEPTEMBER 15, 2015 Page 7 of 13 A motion was made to deny Resolution No. 15-028, (ZA15-034), Specific Use Permit for a Telecommunications Tower, Antennas and Ancillary Buildings at 1604 Hart Street subject to Staff Report dated September 8, 2015 and Specific Use Permit Review Summary No. 6, dated September 1, 2015 and noting that based upon the information Council heard this evening, it would not appear that this denial would encumber the applicant from being able to provide service to their customers, this was more about an argument of enhancing service potentially but it does not encumber their ability to provide service and specifically on the first variance as a reminder the City's Zoning Ordinance provides that towers be located in such a manner that if the structure should fall along its longest dimension it would remain within property boundaries and avoid habitable structures, public streets, utility lines, and other telecommunication towers. With this tower being 95 feet tall, Council was considering variances that would ultimately be a 50 foot variance on the side property line, a 75 foot variance on the front property line, a 65 foot fall zone variance, and a 90 foot fall zone variance from the building. For those reasons, Mayor Pro Tem Williamson stated his motion to deny. Motion: Williamson Second: Bledsoe Ayes: Bledsoe, Fawks, Hill, Huffman, McCaskill, Shafi, Williamson Approved: 7-0 (to deny) 6C. RESOLUTION NO. 15-043, (ZA15-094), SPECIFIC USE PERMIT FOR THE PARKVIEW RESIDENCES ON PROPERTY DESCRIBED AS LOT 4, BLOCK 4R1, SOUTHLAKE TOWN SQUARE ADDITION, PHASE I, AN ADDITION TO THE CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS AND LOCATED AT 1471 FEDERAL WAY, SOUTHLAKE, TEXAS. CURRENT ZONING: "DT" DOWNTOWN DISTRICT. SPIN #8. PUBLIC HEARING MOTION FAILED Senior Director of Planning and Development Services Ken Baker presented item and was available to answer questions from Council. Applicant Frank Bliss, 1008 Quail Run Road, Southlake, Texas presented the item and answered Council's questions. Mayor Hill 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 Hill closed the public hearing. A motion was made to approve Resolution No. 15-043, (ZA15-094), Specific Use Permit for The Parkview Residences subject to Staff Report dated September 9, 2015 and Site Plan Review Summary No. 1, dated August 28, 2015 and subject to the following: REGULAR CITY COUNCIL MEETING MINUTES, SEPTEMBER 15, 2015 Page 8 of 13 • Approving variance for maximum building height of 59 feet rather than the maximum height of 52 -feet. • Approving extension of the expiration date of the Specific Use Permit to March 31, 2016. • Noting approval of the revisions to the elevations presented this evening; the ceiling height of the floors as noted in the staff report; the number of units being reduced from 38 to 36; the number of parking spaces in the garage reduced from 76 to 72; and noting all other previous conditions of approval of the Specific Use Permit in terms of the percentage of Garden District Brownstones sold and the percentage of The Residences presold prior to commencement of construction of The Residences are proposed to remain; and, • Subject to the landscape plan that was represented in the applicant's handout tonight. Motion: Williamson Second: Bledsoe Ayes: Bledsoe, Hill, Williamson Nays: Fawks, Huffman, McCaskill, Shafi Motion Failed: 3-4 6D. ORDINANCE NO. 704-H, 2nd READING, AN AMENDMENT TO THE SIGN ORDINANCE NO. 704, AS AMENDED, PROVIDING PROVISIONS ADDRESSING UPPER STORY SIGNAGE ON MULTI -STORY BUILDINGS. PUBLIC HEARING APPROVED Senior Director of Planning and Development Services Ken Baker presented item and was available to answer questions from Council. Mayor Hill 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 Hill closed the public hearing. A motion was made to approve Ordinance No. 704-H, 2nd Reading, An amendment to the Sign Ordinance No. 704, as amended, providing provisions addressing upper story signage on multi -story buildings subject to Staff Report dated September 8, 2015 and providing a definition to clarify upper story signage; adding language prohibiting upper story signage unless approved under a Master Sign Plan or variance; and adding upper floor signage to Master Sign Plan provisions. Motion: Williamson Second: Bledsoe Ayes: Bledsoe, Fawks, Hill, Huffman, McCaskill, Shafi, Williamson Approved: 7-0 REGULAR CITY COUNCIL MEETING MINUTES, SEPTEMBER 15, 2015 Page 9 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. 704-G, THE COMPREHENSIVE ORDINANCE REGULATING SIGNS WITHIN THE CITY LIMITS OF SOUTHLAKE, TEXAS; PROVIDING A TITLE; PROVIDING FOR PURPOSE AND INTENT FOR THE ADOPTION OF THIS ORDINANCE; PROVIDING FOR DEFINITIONS; PROVIDING FOR APPLICABILITY; PROVIDING FOR STANDARDS FOR TEMPORARY AND PERMANENT SIGNS; PROVIDING FOR STANDARDS FOR SIGNS REQUIRING PERMITS AND NOT REQUIRING PERMITS; PROHIBITING CERTAIN SIGNS; PROVIDING FOR EXEMPT SIGNS; PROVIDING FOR REQUIREMENTS FOR MASTER SIGN PLANS; ALLOWING NONCOMMERCIAL (IDEOLOGICAL) COPY ON SIGNS; PROVIDING FOR ADMINISTRATION AND ENFORCEMENT; PROVIDING FOR THE ISSUANCE AND REVOCATION OF SIGN PERMITS; PROVIDING FOR THE REMOVAL OF SIGNS; PROVIDING FOR APPEALS AND VARIANCES; 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. 6E. ORDINANCE NO. 480-TTTT, 2nd READING, AN AMENDMENT TO THE COMPREHENSIVE ZONING ORDINANCE NO. 480, AS AMENDED, AS IT PERTAINS TO PROVISIONS TO ALLOW ELECTRIC VEHICLE CHARGING STATIONS. PUBLIC HEARING. APPROVED Senior Director of Planning and Development Services Ken Baker presented item and was available to answer questions from Council. Mayor Hill 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 Hill closed the public hearing. A motion was made to approve Ordinance No. 480-TTTT, 2nd Reading, An amendment to the Comprehensive Zoning Ordinance No. 480, as amended, as it pertains to provisions to allow electric vehicle charging stations subject to Staff Report dated September 8, 2015. Motion: Williamson Second: Bledsoe Ayes: Bledsoe, Fawks, Hill, Huffman, McCaskill, Shafi, Williamson Approved: 7-0 REGULAR CITY COUNCIL MEETING MINUTES, SEPTEMBER 15, 2015 Page 10 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; BY ADDING PROVISIONS TO SECTION 4 — DEFINITIONS, SECTION 34 — ACCESSORY USES, AND SECTION 45 — SPECIFIC USE PERMITS; 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. 61F. ORDINANCE NO. 1125, 2nd READING, APPROVING AND ADOPTING THE ANNUAL BUDGET FOR THE FISCAL YEAR 2016 AND APPROVING THE REVISED BUDGET FIGURES FOR THE FISCAL YEAR 2015 AND MULTI- YEAR CAPITAL IMPROVEMENT. PUBLIC HEARING APPROVED Chief Financial Officer Sharen Jackson presented items 6F and 6G simultaneously and was available to answer questions from Council. Mayor Hill opened the public hearings for items 6F and 6G simultaneously and asked for anyone wishing to speak on the item to come forward. There being no one wishing to speak, Mayor Hill closed the public hearing. A motion was made to approve Ordinance No. 1125, 2nd Reading, Approving and adopting the Annual Budget for the Fiscal Year 2016 and approving the revised budget figures for the Fiscal Year 2015 and multi-year capital improvement and modifying the description on item GF10 to read, "City Entry Features" with a budget of $400,000. Motion: Williamson Second: Bledsoe Ayes: Bledsoe, Fawks, Hill, Huffman, McCaskill, Shafi, 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 COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS, APPROVING REVISED BUDGET FIGURES FOR FISCAL YEAR 2015; APPROVING AND ADOPTING THE BUDGET FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2015, AND TERMINATING SEPTEMBER 30, 2016, REGULAR CITY COUNCIL MEETING MINUTES, SEPTEMBER 15, 2015 Page 11 of 13 AND MAKING APPROPRIATIONS FOR EACH DEPARTMENT, PROJECT AND ACCOUNT; REPEALING CONFLICTING ORDINANCES; PROVIDING A SAVINGS AND SEVERABILITY CLAUSE; AND DECLARING AN EFFECTIVE DATE. 6G. ORDINANCE NO. 1126, 2nd READING, TAX LEVY ORDINANCE. PUBLIC HEARING APPROVED Chief Financial Officer Sharen Jackson presented items 6F and 6G simultaneously and was available to answer questions from Council. Mayor Hill opened the public hearings for items 6F and 6G simultaneously and asked for anyone wishing to speak on the item to come forward. There being no one wishing to speak, Mayor Hill closed the public hearing. A motion was made to approve Ordinance No. 1126, 2"d Reading, Tax Levy Ordinance and stated: "I move that the property tax rate be increased by the adoption of a tax rate of 0.462, which is effectively a 7% increase in the tax rate." Motion: Williamson Second: Bledsoe Ayes: Bledsoe, Fawks, Hill, Huffman, McCaskill, Shafi, 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 COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS, FIXING AND LEVYING MUNICIPAL AD VALOREM TAXES FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2015 AND ENDING SEPTEMBER 30, 2016, AND FOR EACH YEAR THEREAFTER UNTIL OTHERWISE PROVIDED, AT THE RATE OF $0.462 PER ONE HUNDRED DOLLARS ($100.00) ASSESSED VALUE ON ALL TAXABLE PROPERTY WITHIN THE CORPORATE LIMITS OF THE CITY OF SOUTHLAKE, TEXAS, AS OF JANUARY 1, 2015, TO PROVIDE REVENUES FOR THE PAYMENT OF CURRENT EXPENSES AND TO PROVIDE AN INTEREST AND SINKING FUND ON ALL OUTSTANDING DEBTS OF THE CITY; DIRECTING THE ASSESSMENT THEREOF; PROVIDING FOR DUE AND DELINQUENT DATES TOGETHER WITH PENALTIES AND INTEREST THEREON; PROVIDING FOR PLACE OF PAYMENT; PROVIDING FOR APPROVAL OF THE TAX ROLLS PRESENTED TO THE CITY COUNCIL; PROVIDING FOR THE REPEAL OF INCONSISTENT ORDINANCES; PROVIDING FOR A SEVERABILITY CLAUSE; AND DECLARING AN EFFECTIVE DATE. REGULAR CITY COUNCIL MEETING MINUTES, SEPTEMBER 15, 2015 Page 12 of 13 7. ORDINANCES, FIRST READINGS, AND RELATED ITEMS: (THERE ARE NO ITEMS ON THIS AGENDA.) 8. RESOLUTIONS: (THERE ARE NO ITEMS ON THIS AGENDA.) 9. OTHER ITEMS FOR CONSIDERATION: (THERE ARE NO ITEMS ON THIS AGENDA.) 10. OTHER ITEMS FOR DISCUSSION: (THERE ARE NO ITEMS ON THIS AGENDA.) 11. MEETING ADJOURNED. Mayor Hill adjourned the meeting at 9:57 p.m. *An audio recording of this meeting will be permanently retained in the City Secretary's Office. 1 Laura Hill Mayor ATTEST: 4u -pa Lori Payne, TRI City Secretary REGULAR CITY COUNCIL MEETING MINUTES, SEPTEMBER 15, 2015 Page 13 of 13 INVOICE Star-Telegram Customer ID: CIT57 808 Throckmorton St. Invoice Number: 334955381 FORT WORTH,TX 76102 (817)390-7761 Invoice Date: 8/12/2015 Federal Tax ID 26-2674582 Terms: Net due in 21 days i­,ECEIVED Due Date: 8/31/2015 Bill To: + PO Number: 21500075 CITY OF SOUTHLAKE AUG 2 4 2015 1400 MAIN ST Order Number: 33495538 STE 440 BY: Sales Rep: 073 SOUTHLAKE, TX 76092-7604 Description: NOTICE OF PUBLI Attn:Attn:ACCOUNTS PAYABLE Publication Date: 8/12/2015 Description Location Col Depth Linage MU Rate Amount NOTICE OF PUBLIC HEARING THIS 13580 1 23 23 LINE $1.20 $27.60 NOTICE OF PUBLIC HEARING THIS NOTICE IS HEREBY GIVEN TO ALL INTERESTED PERSONS THAT THE CITY COUNCIL OF THE CITY OF SOUTHLAKE WILL BE HOLDING Net Amount: $27.60 A PUBLIC HEARING ON SEPTEM- BER 1, 2015, AT 6:00 P.M. OR IMMEDIATELY FOLLOWING THE WORK SESSION IN THE COUNCIL CHAMBERS AT THE TOWN HALL, 1400 MAIN STREET, SOUTHLAKE, TEXAS. THE PURPOSE OF THE HEARING IS TO CONSIDER THE FY 2016 AN- NUAL OPERATING BUDGET AND MULTIYEAR CIP FOR THE SOUTHLAKE CRIME CONTROL AND PREVENTION DISTRICT. A COPY OF THE PROPOSED BUDGET IS AVAILABLE FOR PUBLIC INSPEC- TION IN THE CITY SECRETARY'S OFFICE AT 1400 MAIN STREET, k SUITE 270,SOUTHLAKE,TEXAS. pRY PGg CHRISTY LYNNE HOLLAND Notary Public,State of Texas s My Commission Expires July 31, 2016 THE STATE OF TEXAS County of Tarrant Before me,a Notary Public in and for said County and State,this day personally appeared Deborah Baylor, Bid and Legal Coordinator for the Star- Telegram,published by the Star-Telegram,Inc.at Fort Worth,in Tarrant County,Texas;and who,after being duly sworn,did depose and say that the attached clipping of an advertisement was published in the o e named paper on the listed dates: BIDS&LEGAL DEPT. STAR TELEGRAM (817)390-7039 Signed SUBSCRIBED AND SWORN TO BEFORE ME,THIS Monday,A gus 1 ,2015. PNotary Public Thank You For Your Payment Remit To: Star-Telegram Customer ID: CIT57 P.O. BOX 901051 Customer Name: CITY OF SOUTHLAKE FORT WORTH, TX 76101-2051 Invoice Number: 334955381 Invoice Amount: $27.60 PO Number: 21500075 Amount Enclosed: $