2015-10-06Civ OF
SOUTHLA14CE
TEXAS
REGULAR CITY COUNCIL MEETING OCTOBER 6, 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: Bob Mason
3. Local Business Report
4. Honors and Recognitions
A. Proclamation for National Community Planning Month (American Planning
Association)
5. FY2016 Ordinance and Project Priority Schedule
6. 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
1. 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 durina the meeting that a need arises for the City Council to
seek advice from the city attorney as to the posted sub'ect matter of
this Citv Council meetin .
Section 551.071: Consultation with citv attornev
a. Seek advice of city attorney regarding the creation of a new
Southlake 2030 land use classification category.
b. Seek advice of the city attorney regarding recent U.S.
Supreme Court rulings.
City of Southlake values:
Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork
City of Southlake
City Council meeting agenda
October 6, 2015
Page 2 of 8
2. Section 651-072: Deliberation regarding real propertv
a. Discuss right of way acquisition and process of potential
purchase or lease of real property for city facilities and
projects.
3. Section 551.074: Deliberation regarding ersonnel matters
a. 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
B. City Manager's Report
1. 2015 Citizen Satisfaction Survey
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 15, 2015 regular City Council
meeting.
B. Renew an interlocal agreement with Tarrant County for construction of
Brumlow Avenue improvements in the amount of $200,000.
C. Ordinance No. 1127, 1St Reading, Adopt ordinance to abandon permanent
waterline easement as recorded in Volume 4217, Page 158 of the Deed
Records of Tarrant County, Texas in a tract of land deeded to Roger G.
Baird and wife Lavon Baird situated in Richard Eads Survey, Abstract No.
481 as recorded in Volume 3866, Page 632 of deed records of Tarrant
County, Texas and being more particularly described as Southlake Town
Square Lot 1, Block 16. (If approved at first reading, the public hearing will
be held on October 20, 2095_)
City of Southlake values:
Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork
City of Southlake
City Council meeting agenda
October 6, 2015
Page 3 of 8
D. Ordinance No. 1128, 18t Reading, Adopt ordinance to abandon a portion of
a permanent 15 -foot public sanitary sewer easement as recorded in
instrument D215083782 of the Deed Records of Tarrant County, Texas,
situated in the Thomas Mann Survey, Abstract No. 1049, in the City of
Southlake, Tarrant County, Texas and being more particularly described
as Silver Ridge Addition Phase III. (If approved at first reading, the public
hearing will be held on October 20, 2015.)
E. Approve annual purchasing agreement with Manning Concrete Sawing
through an interlocal agreement with the City of Grapevine in amount not
to exceed $975,000.
F. Authorize expenditures with Empire Today, LLC in an amount not to
exceed $100,000.
G. Approve annual agreement with Regent Services (Southlake Leasing) for
janitorial services in City facilities in FY2016 in an amount not to exceed
$200,000.
H. Approve purchase of replacement vehicles from Caldwell Country
Chevrolet in the amount of $233,874.
I. Approve purchase of replacement vehicles from Silsbee Ford in the
amount of $174,477.
J. Approve outfitting services of replacement police vehicles from
Professional Safety Systems in the amount of $10,104.
K. Approve annual vehicle and equipment fuel purchases from Martin Eagle
Oil Utilizing a National IPA and City of Fort Worth Cooperative Purchasing
Agreement in an amount not to exceed $463,255.
Tabled Items:
L. 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 applicant's request, this item was
tabled to the October 20, 2015 City Council meeting.)
City of Southlake values:
Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork
City of Southlake
City Council meeting agenda
October 6, 2015
(Page 4 of 8
M. Ordinance No. 480-497b (ZA15-101), 1st Reading, Zoning Change and
Site Plan for Zoe's Kitchen at Kimball Crossing on property described as
Lot 1, Block 1, Ethan Allen 1709 Addition and Lot 1, Block 1, Kimball
Crossing, additions to the City of Southlake, Tarrant County, Texas and
located at 2171 and 2175 East Southlake Boulevard, Southlake, Texas.
Current Zoning: "S -P-1" Detailed Site Plan District. Proposed Zoning: "S-
P -1" Detailed Site Plan District. SPIN #8. (At the applicant's request, this
item was tabled to the October 20, 2095 City Council meeting. If approved
at first reading, the public hearing will be held at the November 3, 2095
City Council meeting.)
N. Ordinance No. 480-703 (ZA15-084), 1" 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. (At the applicant's request, this item was
tabled to the October 20, 2095 City Council meeting. If approved at first
reading, the public hearing will be held at the November 3, 2095 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. 480-701 (ZA15-070), 2nd Reading, Zoning Change and
Development Plan 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. Proposed Zoning: °R -
PUD" Residential Planned Unit Development. SPIN #9. PUBLIC
HEARING
City of Southlake values:
Integrity ♦ Innovation + Accountability ♦ Commitment to Excellence ♦ Teamwork
City of Southlake
City Council meeting agenda
October 6, 2015
Page 5 of 8
B. 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.
C. ZA15-088, Site Plan for Malai Kitchen Outdoor Patio on property
described as Lot 1, Block 1, Park Village, an addition to the City of
Southlake, Tarrant County, Texas, and located at 1035 East Southlake
Boulevard. Current Zoning: "S -P-1" Detailed Site Plan District. SPIN #9.
PUBLIC HEARING
D. Resolution No. 15-046 (ZA15-090) Specific Use Permit for Camp Bow
Wow on property described as Lot 2R, Block B, Commerce Business Park
Addition, an addition to the City of Southlake, Tarrant County, Texas and
being located at 280 Commerce Street, Suite 100, Southlake, Texas.
Current Zoning: "S -P-1" Detailed Site Plan District. SPIN #8. PUBLIC
HEARING
E. Ordinance No. 567-C, 1St Reading, Consider an ordinance revising impact
fees on new land development in the city of Southlake, Texas for water,
wastewater and roadway facilities necessitated by such new development;
adopting revised land use assumptions for the city; adopting revised
capital improvements plans for water, wastewater and roadway
improvements; providing for the assessment, payment and time of
payment of water, wastewater and roadway impact fees; providing for
review of water, wastewater and roadway impact fees and the fee
schedules; providing for the placement of revenue collected from water,
wastewater and roadway impact fees into water and wastewater facilities
impact fee accounts and roadway impact fee accounts established for
those purposes; providing for offsets and credits; providing for refunds of
unexpended funds; providing for use of funds derived from water,
wastewater and roadway impact fees; providing that impact fees may be
pledged toward payment of bond issues and similar debt instruments;
providing that this ordinance shall be cumulative of all ordinances;
providing a severability clause; providing for notice of public hearing; and
providing an effective date. PUBLIC HEARING
7. Ordinances, first readings, and related items:
A. 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
City of Southlake values:
Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork
City of Southlake
City Council meeting agenda
October 6, 2015
Page 6 of 8
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. (The applicant has
amended the zoning change request proposing a Zoning Change and
Development Plan for "RPUD" Residential Planned Unit Development
district for only Tract 5B, H. Granberry Survey, Abstract No. 581,
proposing a single residential lot on approximately 5.999 acres located
859 South White Chapel Boulevard, Lot 6, H. Granberry No. 581 Addition
located at 911 South White Chapel Boulevard has been removed from the
zoning change request. (If approved at first reading, the public hearing will
be held on October 20, 2015.)
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:
A. Proposed amendments to Ordinance No. 635, Code of Ethics and
Conduct.
11. Meeting adjourned.
CERTIFICATE
I hereby certify that the above agenda was posted on the official bulletin boards at Town
Hail, 1400 Main Street, Southlake, Texas, on Friday, October 6, 2015 by 6:00 p.m.,
pursuant to the Texas Gover g", Code, Chapter 551.
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Lori Payne, T MC r
City Secretary �,� ze.�° ,'
If you plan to attend this public'f",e t @6 have a disability that requires special needs, please advise
the City Secretary's Office 48 hours in advance at 897-748-8016 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
October G, 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 551.073: 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 ersonnel 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
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
October 6, 2015
Page 8 of 8
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 eme[gengy emergencymanagement plans
regarding i eline safety.,The City Council may discuss emergency management plans
involving pipeline safety and/or security of pipeline infrastructures or facilities when
those plans or discussions contain such sensitive information.
City of Southlake values.-
Integrity
alues.Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork