2015-05-19lugCiiv OF
SOUTHLAK.-E
TEXAS
REGULAR CITY COUNCIL MEETING MAY 19, 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: Jason Daughtry
3. Local Business Report
4. Resolution No. 15-026, Canvass the returns and declare the results of the
General and Special Elections held on May 9, 2015.
5. Oaths of Office for Mayor, City Council Place 2, and City Council Place 5 —
reception following
Break for reception
Reconvene:
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
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 attorney as to the osted subject matter of
this City Council meeting.
City of Southlake values:
Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork
City of South lake
City Council meeting agenda
May 19, 2015
Page 2 of 8
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 contractual
dispute regarding pending Public Works project, specifically
repainting of the Pearson groundwater storage tanks.
C. Seek advice of the city attorney regarding legal issues
pertaining to litigation.
2. Section 551.072: Deliberation reciardina real prope
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 reviarding personnel 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
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 May 5, 2015 regular City Council meeting.
B. Award construction contract to Pavecon Public Works LP for the Brumlow
Avenue widening improvements project in an amount not to exceed
$680,000.
C. Ordinance No. 1118, 1St Reading, Approve ordinance for no parking on
Dean Way, Winding Ridge Trail and Bluffview Terrace. (If approved, the
public hearing will be held on June 2, 2015.)
City of Southlake values:
Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork
City of Southlake
City Council meeting agenda
May 19, 2015
Page 3 of 8
D. Authorize expenditures with Davidson Reconstruction, Inc. for the painting
of the stairwells in the East and West Town Square Parking Garages in an
amount of $42,500 and authorize expenditures for the year with Davidson
Reconstruction, Inc. in an amount not to exceed $150,000.
E. Approve proposed rental fees, alcohol and catering policy and hours of
operations for The Marq Southlake, Phase I.
F. Resolution No. 15-029, Amending the Fee Schedule.
G. Ordinance No. 1073-A, 1't Reading, Approve an ordinance reauthorizing
the Community Engagement Committee. (if approved, the public hearing
will be held on June 2, 2095.)
H. Resolution No. 15-027, Appoint a Mayor Pro Tem and a Deputy Mayor
Pro Tem.
Tabled Items:
Ordinance No. 480-684 (ZA14-120), 2"d Reading, Zoning Change and Site
Plan for White Line Self Storage on property described as Tracts 6D8 and
6D9, J.G. Allen Survey, Abstract No. 18, City of Southlake, Tarrant
County, Texas and located at 750 Davis Boulevard and 2360 Michael
Drive, Southlake, Texas. Current Zoning: "AG Agricultural District.
Requested Zoning: "S -P-1" Detailed Site Plan District. SPIN #10. PUBLIC
HEARING (At the applicant's request, this item has been tabled to the
June 2, 2015 City Council meeting.)
J. Ordinance No. 480-654b (ZA15-025), 2 I Reading, Zoning Change and
Concept Plan for Legends at Southlake on property described as Lots 1-6,
Legends at Southlake, an addition to the City of Southlake, Tarrant
County, Texas located at 2300-2380 Dean Way, Southlake, Texas.
Current Zoning: "S -P-2" Generalized Site Plan District. Requested Zoning:
"S -P-2" Generalized Site Plan District. SPIN #8. PUBLIC HEARING (This
item has been administratively tabled to the June 2, 2015 City Council
meeting.)
K. ZA15-026, Site Plan for Lots 3-6 at Legends at Southlake on property
described as Lots 3-6, Legends at Southlake, an addition to the City of
Southlake, Tarrant County, Texas and located at 2320, 2345, 2360 and
2380 Dean Way, Southlake, Texas. Current Zoning: "S -P-2" Generalized
Site Plan District. Requested Zoning: "S -P-2" Generalized Site Plan
District. SPIN #8. PUBLIC HEARING (This item has been administratively
tabled to the June 2, 2015 City Council meeting.)
City of Southlake values:
Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork
City of Southlake
City Council meeting agenda
May 19, 2015
Page 4 of 8
L. Ordinance No. 480-695 (ZA15-030), 1St Reading, Zoning Change and Site
Plan for TrueZero on property described as Lot 1 R, Block 5, Cornerstone
Business Park Addition, Southlake, Tarrant County, Texas and located at
305 South Nolen Drive, Southlake, Texas. Current Zoning: "S -P-2"
Generalized Site Plan District. Requested Zoning: "S -P-1" Detailed Site
Plan District. SPIN #8. (This item has been administratively tabled to the
June Z 2015 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. 480-694 (ZA15-017), 2"d Reading, Zoning Change and
Concept Plan for 3165 Johnson Road on property described as Tract 1 C1,
Jesse G. Allen Survey, Abstract No. 18, Southlake, Tarrant County, Texas
and located at 3165 Johnson Road, Southlake, Texas. Current Zoning:
"AG" Agricultural District. Requested Zoning: "SF -1A" Single Family
Residential District. SPIN #11. PUBLIC HEARING
B. Ordinance No. 480-692 (ZA14-076), 2nd Reading, Zoning Change and Site
Plan 1 Concept Plan for the Kumon Learning Center on property described
as Lots 3 and 4, Gumm Scifres Addition, an addition to the City of
Southlake, Tarrant County, Texas and located at 131 and 151 South
Village Center Drive, Southlake, Texas. Current Zoning: "0-1" Office
District. Requested Zoning: "S -P-1" Detailed Site Plan District. SPIN #8.
PUBLIC HEARING
C. Resolution No. 15-025 (ZA15-031), Specific Use Permit for Fusion
Academy, a private school, on property described as Lot 2R1, Block
3R2R, Southlake Town Square Addition, an addition to the City of
Southlake, Tarrant County, Texas and located at 301 State Street, Suite
200, Southlake, Texas. Current Zoning; "DT" Downtown District. SPIN #8.
PUBLIC HEARING
D. Resolution No. 15-020 (ZA14-141), Specific Use Permit for a Residential
Solar Energy System at 2213 Patterson Way on property described as Lot
6, Block 1, Patterson's Pond Addition, an addition to the City of Southlake,
Tarrant County, Texas, located at 2213 Patterson Way, Southlake, Texas.
City of Southlake values:
Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork
City of Southlake
City Council meeting agenda
May 19, 2015
Page 5of8
Current Zoning: "SF -20A" Single Family Residential District. SPIN #4.
PUBLIC HEARING
7. Ordinances, first readings, and related items:
A. Ordinance No. 480-693 (ZA15-014), 1St Reading, Zoning Change and
Concept Plan for 1860 Sunshine Lane on property described as Tract
3A1 F5, Frances Throop Survey, Abstract No. 1511, City of Southlake,
Tarrant County, Texas and located at 1860 Sunshine Lane, Southlake,
Texas. Current Zoning: "SF -1A" Single Family Residential District.
Requested Zoning: "SF -20A" Single Family Residential District. SPIN #4.
(If approved, the public hearing will be held on June 2, 2095.)
B. Ordinance No. 480-690 (ZA14-144), 1 St Reading, Zoning Change and
Development Plan for Shady Lane on property described as Tracts 5C1,
5E1, 5E and 5D2C, Samuel Freeman Survey, Abstract No. 525, City of
Southlake, Tarrant County, Texas and located at 853, 909, 1001 and 1015
Shady Lane, Southlake, Texas. Current Zoning: "SFAX Single Family
Residential District. Requested Zoning: "R -PUD" Residential Planned Unit
Development District. SPIN #4. (If approved, the public hearing will be
held on June 2, 2015.)
C. Ordinance No. 480-657a (ZA15-032), 1St Reading, Zoning Change and
Site Plan for Cambria Suites 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. (If
approved, the public hearing will be held on June 2, 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: (There are no items on this agenda.)
11. Meeting adjourned.
City of Southlake values:
Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork
City of Southlake
City Council meeting agenda
May 19, 2015
Page 6 of 8
CERTIFICATE
hereby certify that the above agenda was posted on the official bulletin boards at Town
Hall, 1400 Main Street, Southlake, Texas, on Friday, May 15, 2015 by 6:00 p.m.,
pursuant to the Texas GovernMgpt Code, Chapter 551.
1'+
DUTH•[.gkF •,,�,
R
Lori Payne, TqOC = o
City Secretary • COz
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n O'•_ azz
If you plan to attend this piltj�lic ftot�i�aQO have a disability that requires special needs, please
advise the City Secretary's' -*41#,i, ,,, 8%''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
May 19, 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 & Kathleen Farley v. Mark Wilson, National Carriers, Inc., and City of
Southlake; Cause No. 09-15791.
7. James H. Watson v. City of Allen, et.al.; Cause No. 153-278080-15.
8. 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 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 re-garding 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
City of Southlake values:
Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork
City of Southlake
City Council meeting agenda
May 19, 2015
Page 8 of 8
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.
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