2015-10-20CITY OF
SOUTHLAKE
TEXAS
REGULAR CITY COUNCIL MEETING OCTOBER 20, 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. Southlake Chamber of Commerce Update
4. Honors and Recognitions
A. Southlake Carroll Theatre recognition
B. Special recognition of Southlake resident Barbara Gordon
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 aftorngy as to the posted subject matter of
this City Council meeting.
Section 551.072: Deliberation regarding real property
a. Discuss right of way acquisition and process of potential
purchase or lease of real property for city facilities and
projects.
City of Southlake values:
Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork
City of Southlake
City Council meeting agenda
October 20, 2015
Page 2 of 9
2. Section 551.074: Deliberation regardin-g personnel matters
a. Deliberate the appointment of city board and commission
members.
3. Section 551.087: Deliberation reciardingg economic
development negotiations
a. Discuss the terms and conditions of an economic
development incentives program — Project No. 2014-04.
B. Reconvene: Action necessary on items discussed in Executive Session.
3. REPORTS:
A. Mayor's Report
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 October 6, 2015 regular City Council meeting.
B. Award contract to Durable Specialties, Inc. for construction of traffic signal
at South Carroll Avenue and Zena Rucker Road in the amount of
$158,500.
C. Approve professional services agreement with Accessology Too, LLC for
ADA Transition Plan, Phase II, in the amount of $53,950.
D. Approve Southlake Paries Development Corporation Matching Funds
request from The Miracle League of Southlake to contribute to the
construction costs of the Texas Rangers Miracle League Field at
Bicentennial Park.
E. Ordinance No. 1129, 1St Reading, Adopting the Standards of Care for
2016 for the recreation programs for elementary school age children
operated by the Community Services Department. (If approved at first
reading, the public hearing will be held at the November 3, 2015 City
Council meeting.)
City of Southlake values:
Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork
City of Southlake
City Council meeting agenda
October 20, 2015
Page 3 of 9
F. Approve contract with Illumination Fireworks LLC for community fireworks
and special effect displays for City events in an amount not to exceed
$60,100.
G. Approval to purchase two portable warning sirens.
H. Ordinance No. 635-C, 15t Reading, Amending Chapter 2, Article VI, Code
of Ethics and Conduct of the Code of Ordinances of the City of Southlake
to comply with provisions of Chapter 176 of the Texas Local Government
Code as amended by HB 23. (If approved at first reading, the public
hearing will be held at the November 3, 2095 City Council meeting.)
I. Resolution No. 15-047, Amending the fee schedule.
J. Resolution No. 15-050, Consider approval of a boundary adjustment
agreement with the Town of Westlake.
K. Ordinance No. 735A, 15t Reading, an ordinance revising the Bicycle
Helmet Ordinance. (If approved at first reading, the public hearing will be
held at the November 3, 2095 City Council meeting.)
L. 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. (At the request of the applicant, this item
has been withdrawn.)
M. ZA15-072, Site Plan for Mainstreet Transitional Facility Care/Post-Acute
Care. on property being described as Lot 2, Block 1 of the Bonola Family
Addition, an addition to the City of Southlake, Tarrant County, Texas
located at 2540 East State Highway 114, Southlake, Texas on 5.68 acres.
Current Zoning: "C-3" Local Retail Commercial District. SPIN #4. (The
applicant has requested that this item be remanded back to the October
22, 2095 Planning and Zoning Commission meeting. If City Council
agrees to remand this item back to the October 22, 2015 Planning and
Zoning Commission meeting and the Planning and Zoning Commission
makes a recommendation at this meeting (10/22/95), the City Council
public hearing will be held on November 3, 2095.)
City of Southlake values:
Integrity ♦ Innovation 4 Accountability ♦ Commitment to Excellence ♦ Teamwork
City of Southlake
City Council meeting agenda
October 20, 2015
Page 4 of 9
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. 480-481B, (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
B. Ordinance No. 480-702 (ZA15-074) 2nd Reading, Zoning Change and
Concept Plan Lot 19, 20 and 21, H. Granberry No. 581 Addition on
property described as Tract 5B, 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_ (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. 589,
proposing a single residential lot on approximately 5.999 acres located
859 South White Chapel Boulevard, Lot 6, H. Granberry No. 589 Addition
located at 911 South White Chapel Boulevard has been removed from the
zoning change request. PUBLIC HEARING
C. ZA15-106, Site Plan for Del Frisco's Grille on property being described as
Lot 3, Block 1 R, Southlake Town Square Addition, an addition to the City
of Southlake, Tarrant County, Texas located at 1200 East Southlake
Boulevard, Texas. Current Zoning: "DT" Downtown District. SPIN #8.
PUBLIC HEARING
D. Resolution No. 15-048 (ZA15-107), Specific Use Permit for The Parkview
Residences - Option 1 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,
City of Southlake values:
Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork
City of Southlake
City Council meeting agenda
October 20, 2015
Page 5 of 9
Southlake, Texas. Current Zoning: "DT" Downtown District. PUBLIC
HEARING
E. Resolution No. 15-049 (ZA15-108), Specific Use Permit for The Parkview
Residences - Option 2 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. PUBLIC
HEARING
F. This item was intentionally left blank.
G. ZA15-081, Site Plan for Alliance Drywall on property described as Tracts
1131 OA, 1 B6C1, 1 BI OC and 1 B6C2, Harrison Decker Survey, Abstract No.
438, City of Southlake, Tarrant County, Texas and located at 1207 and
1209 Timberline Court, Southlake, Texas. Current Zoning: 14' Light
Industrial District. SPIN #8. PUBLIC HEARING
H. Ordinance No. 1127, 2nd 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. PUBLIC HEARING
Ordinance No. 1128, 2nd 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. PUBLIC HEARING
J. Ordinance No. 657-C, (approved at 131 Reading as Ordinance No. 567-C)
2nd 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
City of Southlake values:
Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork
City of Southlake
City Council meeting agenda
October 20, 2015
Page 6 of 9
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. This item was intentionally left blank.
B. Ordinance No. 480-497b (ZA15-101), 18t 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 -V Detailed Site Plan District. SPIN #8. (At the applicant's request, this
item was tabled to the October 20, 2015 City Council meeting. If approved
at first reading, the public hearing will be held at the November 3, 2015
City Council meeting.)
8. Resolutions:
A. Resolution No. 15-044, Approving the Certificate of Formation and Bylaws
for the Community Enhancement and Development Corporation.
B. Resolution No. 15-051, Appoint members to various positions on the
Community Engagement Committee, Crime Control and Prevention
District, Library Board, Metroport Teen Court Advisory Committee, Senior
Advisory Commission, and Southlake Arts Council.
9. Other items for consideration:
A. Consider SV15-007, Sign Variance to the Master Sign Plan for Park
Village, and Sign Ordinance No. 704, as amended, for Gloria's Latin
Cuisine located at 1121 East Southlake Boulevard, Southlake, Texas.
B. Consider SV15-008, Amendment to the Conditional Sign Permits (Master
Sign Plan) as it pertains to temporary construction signage for all phases
of Southlake Town Square generally located between East State Highway
114, North Carroll Avenue, East Southlake Boulevard and Central
Avenue, and to include specific approval of construction signage at 260
State Street, Southlake, Texas.
City of Southlake values:
Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence + Teamwork
City of Southlake
City Council meeting agenda
October 20, 2015
Page 7 of 9
10. Other items for discussion: (There are no Items on this agenda.)
11. Meeting adjourned.
CERTIFICATE
I hereby certify that the above agenda was posted on the official bulletin boards at Town
Hall, 1400 Main Street, Southlake, Texas, on Friday, October 16, 2015 by 6:00 p.m.,
pursuant to the Texas Government Code, Chapter 551.
,,tiurnrrrq°
Lori Payne, T MC _ t::
City Secretary _' '
If you plan to attend this pubfig°maeeW>t,a6d have a disability that requires special needs, please advise
the City Secretary's Office 48 houN'18 advance at 817-748-8016 and reasonable accommodations will be
made to assist you.
City of Southlake values:
Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork
City of Southlake
City Council meeting agenda
October 20, 2015
Page S of 9
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 eal propegy_ The City Council may conduct a
closed meeting to deliberate the purchase, exchange, lease or value of real property.
Section 551.073: Deliberation regarding ros ective 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
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 20, 2015
Page 9 of 9
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 emerg-enoL management 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 ♦ Innovation + Accountability ♦ Commitment to Excellence ♦ Teamwork