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2017-08-01 Regular CC Meeting CITY OF SOUTHLAKE TEXAS REGULAR CITY COUNCIL MEETING AUGUST 1. 2017 j 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. Local-Business Report - Peace, Love & Little Donuts 4. The Marq Southlake Fees Staff will present an overview of the proposed fees for The Marq Southlake Legends Hall and Champions Club for feedback and discussion. The proposed fees will be adopted with the budget in September 2017. 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 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 Re ular Session or at any time during the meetina that a need arises for the Ciltv Council to seek advice from the city attorney as to the posted subject matter of this City 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. City of Southlake values: Integrity♦ Innovation ♦Accountability♦ Commitment to Excellence ♦ Teamwork City of Southlake City Council meeting agenda August 1,2017 Page 2 of 6 2. Section 551.072: Deliberation regarding real property a. Discuss the potential purchase or lease of real property for city facilities and projects. 3. Section 551.087: Deliberation_ regarding economic development negotiations a. Discuss the terms and conditions of an economic development incentives program — Project No. 2017-02. B. Reconvene: Action necessary on items discussed in Executive Session. 3. REPORTS: A. Mayor's Report B. City Manager's Report 1. Safety 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 June 20, 2017 regular City Council meeting and from the June 28, 2017 joint meeting of the City Council, Planning and Zoning Commission, Community Enhancement and Development Corporation, Parks and Recreation Board, Library Board, and Southlake Arts Council. B. Authorize expenditures through an interlocal agreement (IIA) with the City of Grand Prairie for Pavement Resurfacing Services with Reynolds Asphalt & Construction Co. in an amount not to exceed $500,000 for a 15- month period. C. Ratify award of construction contract for intersection improvements at State Highway 114 frontage roads and Kirkwood/Solana Boulevard previously authorized by City Manager. D. Ratify approval of Local Project Advance Funding Agreement (LPAFA) with Texas Department of Transportation (TxDOT) for the installation and construction of traffic signals at the intersections of State Highway 114 frontage roads and Kirkwood/Solana Boulevard previously authorized by the City Manager. City of Southlake values: Integrity♦ Innovation ♦ Accountability♦ Commitment to Excellence ♦ Teamwork City of Southlake City Council meeting agenda August 1, 2017 Page 3 of 6 E. Approve a contract renewal with Aetna to provide employee health insurance benefits for Plan Year October 1, 2017 through September 30, 2018. F. Approve a contract with MetLife to provide employee dental benefits for the Plan Year October 1, 2017 to September 30, 2018. G. Approve a contract renewal with Unum Life Insurance Company to provide employee long term disability, life insurance, and accidental death and dismemberment insurance for the Plan Year October 1, 2017 to September 30, 2018. H. Approve the Tournament Policy I. Appoint Carol Ann Borges as City Secretary and Approve an Employment Agreement with the City Secretary. J. Approve Resolution No. 17-033, denying Oncor Electric Delivery Company LLC requested rate change. K. Table Ordinance No. 480-439d, ZA17-044, 2"d Reading, Zoning Change and ConceptlSite Plan for Texas Digestive Disease Consultants Ambulatory Surgery Center on property described as Lot 4R, Block 5 Cornerstone Business Park, an addition to the City of Southlake, Tarrant County, Texas, and located at 515 South Nolen Drive, Southlake, Texas. Current Zoning: "S-P-2" Generalized Site Plan District. Requested Zoning: "S-P-2" Generalized Site Plan District. SPIN Neighborhood #8. (This item is requested to be tabled by the applicant to the August 15, 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: A. Ordinance No. 1177, 2nd Reading, Adopt ordinance to abandon a 322 square foot lift station parcel as recorded in instrument number D209089709 of the deed records of Tarrant County, Texas, being a portion of Lot 7, Block 1, Twin Creek Addition, an addition to the City of City of Southlake values: Integrity♦ Innovation ♦ Accountability♦ Commitment to Excellence ♦ Teamwork City of Southlake City Council meeting agenda August 1, 2017 Page 4 of 6 Southlake, Tarrant County, Texas, according to the plat recorded in Volume 388-150, Page 74 of the Plat Records of Tarrant County, Texas. 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. CERTIFICATE hereby certify that the above agenda was posted on the official bulletin boards at Town Hall, 1400 Main Street, Southlake, Texas, on Friday, July 28, 2017 by 6:00 p.m., pursuant to the Texas Government Code, Cha gy X01,%, gg� Carol Ann Borges, TRM Interim City Secretary If you plan to attend this public meeting an'l�i,�' + sability that requires special needs, please advise the City Secretary's Office 4 hours 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 City of Southlake City Council meeting agenda August 1,2017 Page 5 of 6 I EXECUTIVE SESSION I 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 Alien, 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-008740. 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. Section 551.072: Deliberation re-garding real propeLly. 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. City of Southlake values.- Integrity alues.Integrity♦ Innovation Accountability♦ Commitment to Excellence ♦ Teamwork City of Southlake City Council meeting agenda August 1,2017 Page 6 of 6 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 418.183(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. i Section 418.106(d) & (e): Local meetings to discuss emer-gency 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 CITY OF SOUTHLAKE l TEXAS i REGULAR CITY COUNCIL MEETING MINUTES AUGUST 1, 2017 LOCATION: 1400 Main Street, Southlake, Texas 76092 Council Chambers in Town Hall CITY COUNCIL PRESENT: Mayor Laura Hill, Deputy Mayor Pro Tem Shawn McCaskill, and Councilmembers John Huffman, Chad Patton, and Shahid Shafi (Place 6 is vacant). CITY COUNCIL ABSENT: Mayor Pro Tem Randy Williamson. STAFF PRESENT: City Manager Shana Yelverton, Assistant City Manager Ben Thatcher, Assistant City Manager 1 Director of Economic Development and Tourism Alison Ortowski, Deputy Director of Marketing and Communications Pilar Schank, Assistant to the City Manager Lauren LaNeave, Deputy Director of Economic Development Daniel Cortez, Chief Financial Officer Sharen Jackson, Director of Community Services Chris Tribble, Deputy Director of Community Services Kate Meacham, Deputy Director of Community Services Candice Edmondson, Community Relations Manager Jenni Lanier, Hospitality & Sales Manager for The Marq Tiffany Irwin, Police Chief James Brandon, Fire Chief Mike Starr, Director of Human Resources Stacey Black, Director of Information Technology Greg Hendricks, Senior Director of Planning and Development Services Ken Baker, Director of Public Works Rob Cohen, Deputy Director of Public Works Kyle Hogue, City Attorney Allen Taylor, and City Secretary Carol Borges. WORK SESSION: 1. CALL TO ORDER The Work Session was called to order by Mayor Laura Hill at 5:36 p.m. 2. INVOCATION: CLAYTON REED Associate Pastor of Gateway Church Marsia Van Wormer gave the invocation. Mayor Laura Hill led the pledges of allegiance to the United States and Texas Flags. 3. LOCAL BUSINESS REPORT - PEACE, LOVE & LITTLE DONUTS Assistant City Manager I Director of Economic Development and Tourism Alison Orlowski introduced Owner and General Manager of Peace, Love & Little Donuts Rod Moruss who provided information on his business. REGULAR CITY COUNCIL MEETING MINUTES, AUGUST 12017 Page 1 of 7 i 4. THE MARQ SOUTHLAKE FEES Director of Community Services Chris Tribble presented an overview of the proposed fees for The Marq Southlake Legends Hall and Champions Club and answered questions from Council. The proposed fees will be adopted with the Fiscal Year 2017-2018 budget in September. S. DISCUSS ALL ITEMS ON TONIGHT'S AGENDA. NO ACTION WILL BE TAKEN AND EACH ITEM WILL BE CONSIDERED DURING THE REGULAR SESSION. 'i. Mayor Laura Hill reviewed the items on tonight's consent agenda. REGULAR SESSION: 1. CALL TO ORDER 2A. EXECUTIVE SESSION Mayor Laura Hill announced the City Council would go into Executive Session pursuant to the Open Meetings Act, Chapter 551, Texas Government Code, Sections 551.071 consultation with attorney, 551.072 deliberation regarding real property, and Section 551.087 deliberation regarding economic development negotiations. City Council adjourned for Executive Session at 6:07 p.m. Executive Session began at 6:25 p.m. and concluded at 7:24 p.m. 2B. RECONVENE Mayor Laura Hill reconvened the meeting at 7:31 p.m. and asked if action was needed j as a result of the executive session. No action was required. 3A. Mayor's Report Mayor Hill gave an update on meetings and events. The Pups in the Park event at Bob j Jones Park held on July 31St was a success with at least 80 dogs in attendance. Several Southlake businesses participated and gave out free treats. Mayor Hill announced City Manager Shana Yelverton received the very prestigious Mentoring Award from the Texas City Management Association. This award is only given out when a member of the organization is recognized to be an outstanding leader and mentor. Mayor Hill and each councilmember congratulated and thanked Ms Yelverton for her work and dedication to her profession and the City of Southlake. City Manager Shana Yelverton expressed her appreciation for the recognition and support of the elected officials, as well as recognized the excellent city staff. Mayor Hill invited Council and Ms Yelverton to take a group photo. REGULAR CITY COUNCIL MEETING MINUTES, AUGUST 12017 Page 2 of 7 3B. City Managers Report City Manager Shana Yelverton introduced Police Chief James Brandon who provided information on back-to-school mobility and safety, as well as on the hazards of distracted driving. Director of Public Works Rob Cohen provided information on crosswalks within school zones and ADA compliance. 4. CONSENT AGENDA; Consent Agenda items are considered to be routine by the City Council and are enacted with one motion. Mayor Laura Hill read the consent agenda items into the record. 4A. APPROVE MINUTES FROM THE JUNE 20, 2017 REGULAR CITY COUNCIL MEETING AND FROM THE JUNE 28, 2017 JOINT MEETING OF THE CITY COUNCIL, PLANNING AND ZONING COMMISSION, COMMUNITY ENHANCEMENT AND DEVELOPMENT CORPORATION, PARKS AND RECREATION BOARD, LIBRARY BOARD, AND SOUTHLAKE ARTS COUNCIL. 4B. AUTHORIZE EXPENDITURES THROUGH AN INTERLOCAL AGREEMENT (ILA) WITH THE CITY OF GRAND PRAIRIE FOR PAVEMENT RESURFACING SERVICES WITH REYNOLDS ASPHALT & CONSTRUCTION CO. IN AN AMOUNT NOT TO EXCEED $500,000 FOR A 15-MONTH PERIOD. 4C. RATIFY AWARD OF CONSTRUCTION CONTRACT FOR INTERSECTION IMPROVEMENTS AT STATE HIGHWAY 114 FRONTAGE ROADS AND KIRKWOOD/SOLANA BOULEVARD PREVIOUSLY AUTHORIZED BY CITY MANAGER. 4D. RATIFY APPROVAL OF LOCAL PROJECT ADVANCE FUNDING AGREEMENT (LPAFA) WITH TEXAS DEPARTMENT OF TRANSPORTATION (TXDOT) FOR THE INSTALLATION AND CONSTRUCTION OF TRAFFIC SIGNALS AT THE INTERSECTIONS OF STATE HIGHWAY 114 FRONTAGE ROADS AND KIRKWOOD/SOLANA BOULEVARD PREVIOUSLY AUTHORIZED BY THE CITY MANAGER. 4E. APPROVE A CONTRACT RENEWAL WITH AETNA TO PROVIDE EMPLOYEE HEALTH INSURANCE BENEFITS FOR PLAN YEAR OCTOBER 1, 2017 THROUGH SEPTEMBER 30, 2018. 4F. APPROVE A CONTRACT WITH METLIFE TO PROVIDE EMPLOYEE DENTAL BENEFITS FOR THE PLAN YEAR OCTOBER 1, 2017 TO SEPTEMBER 30, 2018. 4G. APPROVE A CONTRACT RENEWAL WITH UNUM LIFE INSURANCE COMPANY TO PROVIDE EMPLOYEE LONG TERM DISABILITY, LIFE REGULAR CITY COUNCIL MEETING MINUTES, AUGUST 12017 Page 3 of 7 i INSURANCE, AND ACCIDENTAL DEATH AND DISMEMBERMENT INSURANCE FOR THE PLAN YEAR OCTOBER 1, 2017 TO SEPTEMBER 30, 2018. 4H. APPROVE THE TOURNAMENT POLICY i s 41. APPOINT CAROL ANN BORGES AS CITY SECRETARY AND APPROVE AN EMPLOYMENT AGREEMENT WITH THE CITY SECRETARY. 4J. APPROVE RESOLUTION NO. 17-033, DENYING ONCOR ELECTRIC DELIVERY 4K. TABLE ORDINANCE NO. 480-439D, ZA17-044, 2ND READING, ZONING CHANGE AND CONCEPTISITE PLAN FOR TEXAS DIGESTIVE DISEASE CONSULTANTS AMBULATORY SURGERY CENTER ON PROPERTY DESCRIBED AS LOT 4R, BLOCK 5 CORNERSTONE BUSINESS PARK, AN ADDITION TO THE CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS, AND LOCATED AT 515 SOUTH NOLEN DRIVE, SOUTHLAKE, TEXAS. CURRENT ZONING: "S-P-2" GENERALIZED SITE PLAN DISTRICT. REQUESTED ZONING: "S-P-2" GENERALIZED SITE PLAN DISTRICT. SPIN NEIGHBORHOOD #8. (THIS ITEM IS REQUESTED TO BE TABLED BY THE APPLICANT TO THE AUGUST 95, 2097 CITY COUNCIL MEETING.) r APPROVED Motion was made to approve the consent agenda as presented, noting the following: • Approving Items 4A through 4K, and noting with respect to Item 4K, Case No. ZA17- 044, Ordinance No. 480-439D, 2nd Reading, Zoning Change And Concept/Site Plan for Texas Digestive Disease Consultants Ambulatory Surgery Center is tabled per the request of the applicant to the August 15, 2017 regular City Council meeting. Motion: McCaskill Second: Shafii Ayes: Hill, Huffman, McCaskill, Patton, Shafi Approved: 5-0 REGULAR AGENDA: 5. PUBLIC FORUM. Mayor Laura Hill opened the public forum. American Legion 12th District Commander William Deal, 3110 Mary Boaz Street, Richland Hills, Texas spoke about the desire to move a post into Southlake. REGULAR CITY COUNCIL MEETING MINUTES, AUGUST 12017 Page 4 of 7 Dana Dabbs, 445 East Bob Jones Road, Southlake, Texas spoke in opposition of the development of 500 East Bob Jones Road. George Poulsen, 455 East Bob Jones Road, Southlake, Texas spoke in opposition of the development of 500 East Bob Jones Road. Fred Johnson, 400 East Bob Jones Road, Southlake, Texas spoke in opposition of the development of 500 East Bob Jones Road. Mayor Hill asked all concerned citizens to stay involved, attend meetings, and participate in the process. Mayor Hill closed the public forum. 6. ORDINANCES, SECOND READINGS, PUBLIC HEARINGS, AND RELATED ITEMS: 6A. ORDINANCE NO. 1177, 2ND READING, ADOPT ORDINANCE TO ABANDON A 322 SQUARE FOOT LIFT STATION PARCEL AS RECORDED IN INSTRUMENT NUMBER D209089709 OF THE DEED RECORDS OF TARRANT COUNTY, TEXAS, BEING A PORTION OF LOT 7, BLOCK 1, TWIN CREEK ADDITION, AN ADDITION TO THE CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS, ACCORDING TO THE PLAT RECORDED IN VOLUME 388- 150, PAGE 74 OF THE PLAT RECORDS OF TARRANT COUNTY, TEXAS. PUBLIC HEARING APPROVED Director of Public Works Rob Cohen presented Item 6A and answered questions from Council. Mayor Laura Hill opened the public hearing. There being no one wishing to speak, Mayor Hill closed the public hearing. Motion was made to approve Item 6A, Ordinance No. 1177, 2nd Reading, to adopt an ordinance to abandon a 322 square foot lift station parcel as recorded in Instrument Number D209089709 of the deed records of Tarrant County, Texas, being a portion of lot 7, block 1, Twin Creek Addition, an addition to the City of Southlake, Tarrant County, Texas, according to the plat recorded in Volume 388-150, page 74 of the plat records of Tarrant County, Texas. Motion: McCaskill Second: Huffman Ayes: Hill, Huffman, McCaskill, Patton, Shafi Approved: 5-0 REGULAR CITY COUNCIL MEETING MINUTES, AUGUST 12017 Page 5 of 7 In accordance with Section 4.21 of the City Charter, the caption for this item is listed as follows: ORDINANCE NO. 1177 AN ORDINANCE VACATING AND ABANDONING A CERTAIN DESCRIBED 322 SQUARE FOOT LIFT STATION PARCEL PREVIOUSLY DEDICATED TO THE CITY BY RICHARD PAUL DAVIS AND DAWN LAWRENCE DAVIS THROUGH AN INSTRUMENT RECORDED IN THE REAL PROPERTY RECORDS OF TARRANT COUNTY AS INSTRUMENT D209089709; DECLARING THAT SUCH LIFT STATION PARCEL IS UNNECESSARY FOR USE BY THE PUBLIC, AUTHORIZING THE MAYOR TO EXECUTE A QUITCLAIM DEED RELEASING AND ASSIGNING THE REAL PROPERTY TO THE OWNERS OF THE FEE ESTATE; PROVIDING A SEVERABILTY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. 7. EXECUTIVE SESSION Mayor Laura Hill announced the City Council would go into Executive Session pursuant to the Open Meetings Act, Chapter 551, Texas Government Code, Sections 551.071 consultation with attorney, 551.072 deliberation regarding real property, and Section 551.087 deliberation regarding economic development negotiations. City Council adjourned for Executive Session at 8:31 p.m. Executive Session began at 8:31 p.m. and concluded at 8:50 p.m. 8. RECONVENE Councilman John Huffman called the meeting back to order at 8:51 p.m. and wished his son, Andrew a happy 9th birthday. The Council proceeded to sing Happy Birthday to Andrew. 9. ORDINANCES, FIRST READINGS, AND RELATED ITEMS: (THERE ARE NO ITEMS ON THIS AGENDA.) 10. RESOLUTIONS: (THERE ARE NO ITEMS ON THIS AGENDA.) 11. OTHER ITEMS FOR CONSIDERATION: (THERE ARE NO ITEMS ON THIS AGENDA.) 12. OTHER ITEMS FOR DISCUSSION: (THERE ARE NO ITEMS ON THIS AGENDA.) 13. MEETING ADJOURNED Mayor Laura Hill adjourned the meeting at 8:52 p.m. REGULAR CITY COUNCIL MEETING MINUTES, AUGUST 12017 Page 6 of 7 *An audio recording of this meeting will be permanently retained in the City Secretary's Office. MINUTES APPROVED ON THIS, THE 15" DAY OF AUGUST, 2017. Laura,Hill 1 Mayor I ATTEST: irk &.'v6 Carol Ann Borges, TRVC City Secretary i I r L__ REGULAR CITY COUNCIL MEETING MINUTES, AUGUST 12017 Page 7 of 7