2015-09-15CITY
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:
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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:
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City Council meeting agenda
September 15, 2015
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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