2016-02-16 r
CITY OF
SOUTHLAK.-E `
TEXAS
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REGULAR CITY COUNCIL MEETING FEBRUARY 16, 2016
LOCATION: 1400 Main Street, Southlake, Texas 76092
Council Chambers in Town Hall
WORK SESSION: 5:30 P.M. I
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1. Call to order j
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2. Invocation: Clayton Reed
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3. Chamber of Commerce Update
4. Discuss all items on tonight's agenda. No action will be taken and each item will
be considered during the Regular Session.
REGULAR SESSION: Immediately following the work session
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 during the meeting that a need arises for the City Council to
seek advice from the R& attorney, as to the posted sub'ect matter of
this City Council meeting.
1. Section 551.071: Consultation with city attorney
a. Seek advice of the city attorney regarding pending or
contemplated litigation or a settlement offer regarding:
1. City of Southlake v. Ashwin J. Babaria, et al; Cause
No. 2011-006149-3; eminent domain action regarding
properly located at 1470 North Kimball Avenue,
Southlake, Texas.
2. M.K. Painting, Inc. v. City of Southlake, Texas.
B. Reconvene: Action necessary on items discussed in Executive Session.
3. REPORTS:
City of Southlake values:
Integrity♦ Innovation +Accountability♦ Commitment to Excellence ♦ Teamwork
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City of Southlake
City Council meeting agenda
February 16,2016 j
Page 2 of 8
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A. Mayor's Report
B. City Manager's Report
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1. Capital Projects Update
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 February 2, 2016 regular City Council meeting.
B. Authorize a contract renewal with Regent Services (Southlake Leasing
and Management) for street sweeping and porter services for Southlake
Town Square in an amount of$75,000.
C. ZA15-145, Plat Revision for Southlake Meadows (formerly Savannah
Estates) Phase I I on property described as Tracts 1 B, 1 B2, 1 132A, 1 B2A1,
1132A2, 3, 4A, 4A1, 4A2, 4A3, 413, 4131, 4132, 5A, 5A1, 5A1 A, 513, 5C, 6A,
6A1, 6A1A, 6A2, 6A2A, and 613, R.P Estes Subdivision and Tracts 1131,
1B1A, 1131A1, 113113, 1131131and 1131C, James B. Martin Survey, Abstract
No. 1134, Southlake, Tarrant County, Texas and generally located at the
northwest corner of West Dove Road and West State Highway 114,
Southlake, Tarrant County, Texas. Current Zoning: R-PUD - Residential
Planned Unit Development. SPIN #5.
D. ZA16-001, Plat Revision for Kingdom Place on property described as Lot
9, F. Throop No. 1511 Addition, an addition to the City of Southlake,
Tarrant County, Texas and Tracts 2 and 2L, Francis Throop Survey,
Abstract No. 1511, City of Southlake, Tarrant County Texas located at
2080, 2117 and 2150 East Dove Road, Southlake, Texas. Current Zoning:
"SF-1X Single Family Residential District. SPIN #4.
E. Approve the absences for Commissioner Eric Ransom from the January
21, 2016 and February 4, 2016 Planning and Zoning Commission
meetings.
City of Southlake values:
Integrity♦ Innovation ♦Accountability♦ Commitment to Excellence ♦ Teamwork
City of Southlake
City Council meeting agenda
February 16,2016
Page 3 of 8
Tabled Items:
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F. Ordinance No. 1136 (CP15-003), 2"d Reading, Land Use Plan
Amendment to Medium Density Residential on property described as
Tracts 7A1, 7A2, WA, 7A1A1, and 7B, being portions of Lot 7, R. P.
Estes Subdivision and Tracts 1A and 1A1, James B. Martin Survey,
Abstract No. 1134, City of Southlake, Tarrant County, Texas and located
at 800, 848, and 812 West State Highway 114, Southlake, Texas. Current
Zoning: None. Proposed Zoning: °R-PUD" Residential Planned Unit
Development District. SPIN #5. PUBLIC HEARING (This item was tabled
at the February 2, 2016 City Council meeting to the March 1, 2096 City
Council meeting.)
G. Ordinance No. 480-709 (ZA15-137), 2nd Reading, Zoning Change and
Development Plan for Southlake Meadows Phase III on property
described as Tracts 7A1, 7A2, WA, 7A1A1, and 713, being portions of
Lot 7, R. P. Estes Subdivision and Tracts 1A and 1A1, James B. Martin
Survey, Abstract No. 1134, City of Southlake, Tarrant County, Texas and
located at 800, 848, and 812 West State Highway 114, Southlake, Texas.
Current Zoning: None. Proposed Zoning: "R-PUD" Residential Planned
Unit Development District. SPIN #5. PUBLIC HEARING (This item was
tabled at the February 2, 2096 City Council meeting to the March 9, 2096 [
City Council meeting.)
H. ZA15-138, Preliminary Plat for Southlake Meadows Phase III on property
described as Tracts 7A1, 7A2, WA, 7A1A1, and 713, being portions of
Lot 7, R. P. Estes Subdivision and Tracts 1A and 1A1, James B. Martin
Survey, Abstract No. 1134, City of Southlake, Tarrant County, Texas and
located at 800, 848, and 812 West State Highway 114, Southlake, Texas. j
Current Zoning: None. Proposed Zoning: "R-PUD" Residential Planned
Unit Development District. SPIN #5. (This item was tabled at the February
2, 2096 City Council meeting to the March 1, 2096 City Council meeting.)
I. Ordinance No. 480-708 (ZA15-115), 1st Reading, Zoning Change and Site
Plan/Concept Plan for Pinnacle Point Office Park on property described as
Lots 1-3, Meadow Oaks Addition, an addition to the City of Southlake,
Tarrant County, Texas and located at 305, 395 and 405 South Kimball
Avenue, Southlake, Texas. Current Zoning: "SF-1A" Single Family
Residential District. Requested Zoning: "S-P-2" Generalized Site Plan
District with "0-1" Office District uses. SPIN #8. (This item was tabled to
the February 18, 2016 Planning and Zoning Commission meeting. If
approved at that meeting, the first reading will be held at the March 1,
2016 City Council meeting,)
City of Southlake values:
Integrity♦ Innovation ♦Accountability♦ Commitment to Excellence ♦ Teamwork
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City of Southlake
City Council meeting agenda
February 96, 2096
Page 4 of 8
J. Ordinance No. 1140 (CP15-004), 1St Reading, Land Use Plan amendment
from Low Density Residential to Medium Density Residential on property
described as Tracts 5A and 5B, being portions of Lot 5, Brock Addition, an
addition to the City of Southlake, Tarrant County, Texas and located at
400, and 410 Brock Drive, Southlake, Texas. Current Zoning: "SFAX
Single Family Residential District. Requested Zoning: "RPUD" Residential
Planned Unit Development District. SPIN #11. (This item was tabled to the
March 3, 2016 Planning and Zoning Commission meeting. If approved at
that meeting, the first reading will be held at the April 5, 2016 City Council
meeting.)
K. Ordinance No. 480-712 (ZA15-152), 1St Reading, Zoning Change and
Development Plan for Stone Trail Estates on property described as Tracts
5A, 5C1, 513, 5A3, and 5A2, Jesse G. Allen Survey, Abstract No. 18, City
of Southlake, Tarrant County, Texas and Lots 3R, 5B and 5A, Brock
Addition, an addition to the City of Southlake, Tarrant County, Texas and
located at 2607, 2621, 2631, 2641, and 2651 West Southlake Boulevard
and 250, 400, and 410 Brock Drive, Southlake, Texas. Current Zoning:
"AG" Agricultural District "SFAX Single Family Residential District.
Requested Zoning: "R-PUD" Residential Planned Unit Development
District. SPIN #11. (This item was tabled to the March 3, 2096 Planning
and Zoning Commission meeting. If approved at that meeting, the first
reading will be held at the April 5, 2016 City Council meeting.)
L.' Ordinance No. 1138 (CP16-001), 1St Reading, An amendment to the City
of Southlake's 2030 Consolidated Future Land Use Plan to add a new
land use category designation "Rural Residential Estate". (This item has
been tabled to the March 1, 2016 City Council meeting.)
M. Ordinance No. 1139, 1St Reading, An amendment to the City of
Southlake's Zoning Ordinance 480, as amended to create a new zoning
district category "RE - 7" Single Family Residential Estate District and to
rename the current "RE" Single Family Residential to Estate District to "RE
- 5" Single Family Residential Estate District. (This item has been tabled to
the March 1, 2016 City Council meeting.)
N. Ordinance No. 480-657b (ZA15-142), 2"d Reading, Zoning Change and
Concept/Site Plan from S-P-2 Generalized Site Plan District to S-P-2
Generalized Site Plan District for The Offices at Kimball Park on property
described as Tracts WA and 3A2A, Thomas Mahan Survey, Abstract
No. 1049, City of Southlake, Tarrant County, Texas and located at 400
and 470 North Kimball Avenue, Southlake, Texas. Current Zoning: "S-P-2"
Generalized Site Plan District. Requested Zoning: "S-P-2" Generalized
Site Plan District. SPIN #4. PUBLIC HEARING (At the applicant's request,
this item has been tabled to the March 1, 2016 City Council meeting.)
City of Southlake values:
Integrity♦ Innovation ♦Accountability♦ Commitment to Excellence ♦ Teamwork
City of Southlake
City Council meeting agenda
February 16, 2016
Page 5 of 8
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. This item was intentionally left blank.
B. Ordinance No. 1141, 2nd Reading, Adopt ordinance to abandon a portion
of permanent drainage easement as recorded in instrument D207253111
of the Deed Records of Tarrant County, Texas, situated in the John A.
Freeman Survey, Abstract No. 529, more specifically described as Lot 4R,
Block 1, Miron Addition, recorded in Cabinet A, Slide 3901, of Plat
Records of Tarrant County, Texas. PUBLIC HEARING
C. Ordinance No. 907A, 2"d Reading, An amendment to Chapters 10 "Health
and Sanitation, Article V "Public Smoking" and 12 "Parks and Recreation,
Article II "City Parks," of the Southlake City Code. PUBLIC HEARING
7. Ordinances, first readings, and related items:
A. Ordinance No. 480-710 (ZA15-131), 1St Reading, Zoning Change and
Concept Plan for 1814 Our Lane on property described as Tract 2C4,
William H. Martin Survey, Abstract No 1068, Southlake, Tarrant County,
Texas and located at 1814 Our Lane, Southlake, Texas. Current Zoning:
"AG" Agricultural District. Requested Zoning: "SF-30" Single Family
Residential District. SPIN #5. (If approved, the public hearing will be held
at the Marsch 1, 2016 City Council meeting.)
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B. Ordinance No. 480-711 (ZA15-139), 1St Reading, Zoning Change and Site
Plan for Tower Plaza USPI Medical Office Building on property described
as Tract 3B, 3131, and a portion of 3D1, Obediah W. Knight Survey No.
899, City of Southlake, Tarrant County, Texas and located at 821-835
East Southlake Boulevard, Southlake, Texas. Current Zoning: "S-P-1"
Detailed Site Plan District. Requested Zoning: "S-P-1" Detailed Site Plan
District with "O-1" Office District uses. SPIN #9. (If approved, the public
hearing will be held at the March 1, 2016 City Council meeting.)
8. Resolutions: (There are no items on this agenda.)
City of Southlake values:
Integrity♦ Innovation Accountability♦ Commitment to Excellence ♦ Teamwork
City of Southlake
City Council meeting agenda
February 16, 2016
Page 6 of 8
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.
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, February 12, 2016 by 6:00 p.m.,
pursuant to the Texas Government Code, Chapter 551.
,esA9aneeaea.
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Lori Payne, T MC =>-. e
City Secretary v
If you plan to attend t ia,,p'c...W p4eeting and have a disability that requires special
needs, please advise the City Secretary's Office 48 hours in advance at 817-748-8016
and reasonable accommodations will be made to assist you.
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City of Southlake values:
Integrity♦ Innovation 1 Accountability♦ Commitment to Excellence ♦ Teamwork
City of Southiake
City Council meeting agenda
February 16,2016
Page 7 of 8 j
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.
8. Constance Westfall v. Jose Luna, Nathaniel Anderson, Venessa Trevino, Chris
Melton, and Thomas Roberson, and the City of Southlake; Civil Action No. 4:15-
CV-00874-0.
9. Lincoln et.al. v. City of Colleyville, Texas et.al.; Civil Action No. 4:15-CV-00819-A.
10. Chad Wilson and Martha Wilson, Individually and as next friend, for S.W. v. City
of Southlake, Southlake Police Department and Randy Baker, Individually; Civil
Action No. 4:16-cv-00057.
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 regardinq 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.
City of Southlake values;
Integrity♦ Innovation ♦Accountability♦ Commitment to Excellence ♦ Teamwork
City of Southlake
City Council meeting agenda
February 16, 2016
Page 8 of 8
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.
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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- l
related report to an agency of the United States; 6) that relates to technical details of
particular vulnerabilities of critical infrastructure to an act of terrorism; 7) that relates to
information regarding security measures or security systems intended to protect public
and private property from an act of terrorism. The Texas Disaster Act specifically
requires that a tape recording of the closed meeting be made.
Section 418.106(d) & (e): Local meetings to discuss emergency management plans
regarding pipeline safet . 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.
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City of Southlake values:
Integrity♦ Innovation ♦Accountability♦ Commitment to Excellence ♦ Teamwork