2017-09-05 Council Agenda i
CITY OF
SOUTHLAKE
TEXAS
REGULAR CITY COUNCIL MEETING SEPTEMBER 5 2017
LOCATION: 1400 Main Street, Southlake, Texas 76092
Council Chambers in Town Hall
WORK SESSION: 5:30 P.M.
1. Call to order
2. Invocation: Clayton Reed
3. Honors and Recognitions: Proclamation for longtime resident America Mary
Kaposta in honor of 100th birthday.
4. Local Business Report - Protein Fit Kitchen
5. Discuss regulations of residential units used as short term rentals (STRs).
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 during- the meetin that a need arises for the City Council to
seek advice from the city attorney as to the posted subiect matter of
this Citv Council meeting.
1. Section 551.071: Consultation with city attorney
a. Seek advice of the city attorney regarding legal issues
related to legislative items.
b. Seek advice of the City Attorney regarding legal issues
related to a professional services contract.
C. Seek advice of the city attorney regarding the City's right-of-
way
ight-ofway management ordinance.
d. Seek advice of the city attorney regarding lawsuits.
City of Southlake values:
Integrity♦ Innovation ♦Accountability♦ Commitment to Excellence 4 Teamwork
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City of Southlake
City Council meeting agenda
September 5,2017
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2. Section 551.087: Deliberation regarding economic develo ment
negotiations
a. Discuss the terms and conditions of an economic
development incentives program — Project No. 2017-03.
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 August 15, 2017 regular City Council meeting. i
B. Award construction services contract to HCI General Contractors in an
amount of$1,961,366.16 for the Southlake DPS West Renovation project.
C. Accept a 12,800 square foot right of way dedication on the south side of
Dove Road at the intersection of Dove Road and Kirkwood Boulevard.
D. Table Resolution No. 17-030, ZA17-052 Specific Use Permit for Electric
Vehicle Charging Spaces on property described as Lot 4R, Block 2R1,
Southlake Town Square Addition, City of Southlake, Tarrant County,
Texas and located at 1240 Main Street, Southlake, Texas. Current Zoning:
"DT" Downtown District. SPIN #8 (This item is requested to be tabled until
the October 3, 2017 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:
City of Southlake values:
Integrity♦ Innovation ♦Accountability♦ Commitment to Excellence ♦ Teamwork
City of Southlake
City Council meeting agenda
September 5, 2017
Page 3 of 6
A. Approval of amended Fiscal Year 2017 Southlake Crime Control and
Prevention District Operating Budget and adoption of Fiscal Year 2018
Operating Budget. PUBLIC HEARING
B. Consider proposal to adopt a tax increase. PUBLIC HEARING
C. Ordinance No. 1179, 1st Reading, Tax Levy Ordinance
D. Ordinance No. 1180, 1st Reading, Approving and adopting the Annual
Budget for Fiscal Year 2018 and approving the revised budget figures for
Fiscal Year 2017 and Multi-year capital improvement.
E. ZA17-057, Site Plan for Unleavened Fresh Kitchen on property described
as Lot 4R, Block 2R1, Southlake Town Square, an addition to the City of
Southlake, Tarrant County, Texas and located at 1240 Main St. (also
addressed as 250 State St.), Southlake, Texas. Current Zoning: "DT"
Downtown District. SPIN # 8. PUBLIC HEARING
F. Approve an Encroachment and Joint Use Agreement for Unleavened
Fresh Kitchen outdoor dining in the right of way at 250 State Street.
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7. Ordinances, first readings, and related items: (There are no items on this
agenda.)
A. Ordinance No. 480-699a (ZA17-053) 1st reading Zoning Change and Site
Plan for Falcon Holdings of Southlake to include a Variance to Masonry
Ordinance No. 557, as amended, on property described as Tract 4C2A,
Absolom H. Chivers Survey, Abstract No. 299, City of Southlake, Tarrant
County, Texas, and located at 500 E. State Hwy. 114, Southlake, Texas.
Current Zoning: "S-P-1" Detailed Site Plan District. Requested Zoning: "S-
P-1" Detailed Site Plan District. SPIN Neighborhood #3.
B. Ordinance No. 1178, 1st Reading, approving and adopting a public right-
of-way management ordinance regulating the physical use, occupancy
and maintenance of City rights-of-way by wireless network providers.
8. Resolutions: (There are no items on this agenda.)
9. Other items for consideration: (There are no items on this agenda.)
A. Award a contract to Weatherproofing Services through Choice Partners for
the refinishing of the DPS HQ fire apparatus bay floor in the amount of
$58,825.
City of Southlake values:
Integrity♦ Innovation ♦Accountability♦ Commitment to Excellence ♦ Teamwork
I
City of Southlake j
City Council meeting agenda
September 5,2017
Page 4 of 6
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B. SV17-001, Variance to Sign Ordinance No. 704-1 and the Master Sign
Plan for Starbucks located at 2155 W. Southlake Boulevard, Southlake,
Texas.
C. MSP17-002, Master Sign Plan for Baylor Scott and White — USPI
Southlake Medical Office Building located at 925 E. Southlake Blvd.,
Southlake, Texas.
D. SV17-009, Variance to Sign Ordinance No. 704, as amended, for Arise
Recovery Center located at 2535 E. Southlake Blvd., Suite 200,
Southlake, Texas.
E. MSP17-003, Amendment to the Master Sign Plan for Southlake Town
Square, Block 10, as it pertains to the addition of a monument sign located
at 301-409 N. Carroll Avenue, Southlake, Texas.
F. SV17-010, Variance to Sign Ordinance No. 704, as amended, for Keller
Williams located at 2106 E. State Highway 114, Suite 101, Southlake,
Texas.
G. SV17-011, Variance to Sign Ordinance No. 704, as amended, for Kimball
Park located at 2102, 2104, 2108, 2112, 2114 and 2116 E. SH 114,
Southlake, Texas.
10. Other items for discussion: (There are no items on this agenda.)
11. Adjournment
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, Septemberl, 2017 by 6:00 p.m.,
pursuant to the Texas Government Code, C1� 1.
t'L/'Z'
Carol Ann Borges, TRMC r/
City Secretary
If you plan to attend this public meetine� ave disability that requires special
needs, please advise the City Secretary's O#fl 'lours in 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
Cq of Southlake
City Council meeting agenda
September 5, 2017
Page 5of6
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 andlor
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. 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.
8. 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.
9. Lester J. Strait v. Savannah Court Partnership, et.al.; Cause No. 342-281936-15.
10. Chris Sanchez, et. al. v. City of Southlake Zoning Board of Adjustment; Cause
No. 352-292207-17
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 reciardinq prospective ift 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.
City of Southlake values:
Integrity♦ Innovation ♦Accountability♦ Commitment to Excellence ♦ Teamwork
City of Southlake
City Council meeting agenda
September 5, 2017.
Page 6 of 6
Section 551.076: Deliberation_ regarding rding 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.
Section 418.183M: 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 emergency management plans
regarding pipeline 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