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2015-08-18CITY OF SOUTHLAKE TEXAS REGULAR CITY COUNCIL MEETING AUGUST 18, 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: Clayton Reed 3. Southlake Chamber of Commerce Update 4. Fiscal Year 2016 Proposed Budget — Strategic Investments and Capital Improvements Program 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 attorney as to the posted subiect matter of this City Council meeting. Section 551.071: Consultation with city attornev a. Seek advice of the city attorney regarding legal issues pertaining to litigation. b. Seek advice of the city attorney regarding an agreement with adjacent landowners that would facilitate roadway improvements on FM 1709 in the area of Southlake Marketplace. City of Southlake values: Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork City of Southlake City Council meeting agenda August 18, 2015 Page 2 of 9 C. Seek advice of the city attorney regarding legal issues associated with a possible boundary adjustment with the Town of Westlake. 2. 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. 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 4, 2015 regular City Council meeting, the August 6, 2015 special City Council meeting, and the August 6, 2015 Joint City Council, Southlake Parks Development Corporation, and Parks and Recreation Board meeting. B. Approve contract with Manning Concrete for reconstruction of South Field Road in Bob Jones Park in an amount not to exceed $225,000. C. Approve contract with Texas Interior Resources, LLC dba Interior Resources for furniture for Phase 1 of The Marq Southlake. D. Approve Engineering Services Agreement (ESA) with Baird Hampton and Brown for the design of a 12 -inch waterline along Union Church and Pearson Lane from FM1938 to FM1709 and a 12 -inch waterline along East Dove Road from Estes Park to Winfield Estates in an amount not to exceed $124,325. E. Ordinance No. 1124, 1St Reading, Adopt ordinance to abandon a 20 -foot permanent public access easement as recorded in Volume 388-197, Page 40 of Plat Records of Tarrant County and more particularly described as City of Southlake values: Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork City of Southlake City Council meeting agenda August 18, 2015 Page 3 of 9 Lot 7, Block A of the North Davis Business Park. (If approved, the public hearing will be held September 1, 2015.) F. This item was intentionally left blank. G. ZA15-076, Plat Revision for Lot 1R2R, Block 1, Sabre Group Campus and East Kirkwood Boulevard right of way dedication on property described as Lot 1R2 and 2R, Block 1, Sabre Group Campus, an addition to the City of Southlake, Tarrant County, Texas and located at 3150 Sabre Drive and 2799 and 3123 Kirkwood Boulevard, Southlake, Texas. Current Zoning: "NR -PUD" Non-residential Planned Unit Development District. SPIN #1. H. ZA15-068 Plat Showing for Lots 2-4, G.W. Main Addition No. 1098 Addition on property described as Tract 2, George W. Main Survey, Abstract No. 1098, City of Southlake, Tarrant County, Texas, and located at 165 South Kimball Avenue, Southlake, Texas. Current Zoning: "S -P-1" Detailed Site Plan District. SPIN #8. Plat Extension for Case ZA14-081 Final Plat for Ridgeview II on approximately 19.53 acres located at 585 to 725 Davis Boulevard. SPIN #10. J. Ordinance No. 480 -SSSS, 1St Reading, an amendment to the City's Zoning Ordinance No. 480, as amended, to set the maximum permitted floor area of a single tenant space located in the C-3 General Commercial district (Section 22) at 60,000 square feet and add language to the Specific Use Permits section (Section 45) that allows for application of a Specific Use Permit in order to exceed 60,000 square feet. (If approved, the public hearing will be held September 1, 2015.) K. Ordinance No. 483-P, 1" Reading, an amendment to the City's Subdivision Ordinance No. 483, as amended, to allow the platting of certain tracts of land within agricultural or single family residential districts regardless of tract size, and to amend the appeal process for plats approved by City staff. (If approved, the public hearing will be held September 1, 2015.) L. Ordinance No. 480-624C (ZA15-058), 16t Reading, Zoning Change and Site Plan for Silver Ridge Assisted Living Phase I and II on property described as Silver Ridge Addition, Phase I, Lot 1 and Silver Ridge Addition Phase III, Lot 8, an addition to the City of Southlake, Tarrant County, Texas, and located at 2001 and 2121 East Kirkwood Boulevard, Southlake, Texas. Current Zoning: "S -P-1" Detailed Site Plan District. Proposed Zoning: "S -P-1" Detailed Site Plan District. SPIN #4. (if approved, the public hearing will be held September 1, 2015.) City of Southlake values: Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork City of Southlake City Council meeting agenda August 18, 2015 Page 4of9 M. Ordinance No. 480-481B (ZA15-062), 1St 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. (If approved, the public hearing will be held September 1, 2015.) N. Ordinance No. 480-605c (ZA15-063), 1St Reading, Zoning Change and Site Plan for Watermere Medical Plaza on property being described as Lot 1R, Block 2, Watermere at Southlake Addition, an addition to the City of Southlake, Tarrant County, Texas located at 2815 West Southlake Boulevard, Southlake, Texas. Current Zoning: "S -P-1" Detailed Site Plan District. Proposed Zoning: "S -P-1" Detailed Site Plan District. SPIN #11. (If approved, the public hearing will be held September 1, 2015.) O. Approve Resolution No. 15-042, a resolution of the City of Southlake, Texas, approving the terms and conditions of a program to promote economic development and stimulate business and commercial activity in the City; authorizing the Mayor to execute a development agreement with Granite Properties, for such purposes; and providing an effective date. Tabled Items: P. Ordinance No. 480-693 (ZA15-014), 1St Reading, Zoning Change and Concept Plan for 1860 Sunshine Lane on property described as 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. Proposed Zoning: "SF -20A" Single Family Residential District. SPIN #4. (At the May 19, 2015 City Council meeting, this item was tabled to the September 1, 2015, City Council meeting.) Q. Resolution No. 15-028, (ZA15-034), Specific Use Permit for a Telecommunications Tower, Antennas and Ancillary Buildings at 1604 Hart Street on property being described as Lot 4, Block A of the Hart Industrial Park Addition, an addition to the City of Southlake, Tarrant County, Texas located at 1604 Hart Street, Southlake, Texas. Current Zoning: "I-1" Light Industrial District. SPIN #8. PUBLIC HEARING (At the June 4, 2015 Planning and Zoning Commission meeting, the applicant requested the item to be tabled until the August 20, 2015 Planning and Zoning Commission meeting. If action is taken by the Planning and Zoning Commission at this meeting, the public hearing would be at the September 1 st, 2015 City Council meeting.) City of Southlake values.- Integrity alues.Integrity ♦ innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork City of Southlake City Council meeting agenda August 18, 2015 Page 5 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. Resolution No. 15-039 (ZA15-059) Specific Use Permit for PKD Walk and 5K Run on property described as Southlake Town Square Phase I and Phase IV, an addition to the City of Southlake, Tarrant County, Texas and being generally located between East State Highway 114, North Carroll Avenue, East Southlake Boulevard and Central Avenue, Southlake, Texas. Current Zoning: "DT" Downtown District. SPIN #8. PUBLIC HEARING B. Resolution No. 15-041 (ZA15-061) Specific Use Permit for Fresh Market on property described as Lot 1, Block 1, Park Village, an addition to the City of Southlake, Tarrant County, Texas, and located at 1035 East Southlake Boulevard. Current Zoning: "S -P-1" Detailed Site Plan District. SPIN #9. PUBLIC HEARING C. ZA15-064, Site Plan for Taverna Rossa Patio on property described as Lot 1, Block 1, Park Village, an addition to the City of Southlake, Tarrant County, Texas, and located at 1035 East Southlake Boulevard. Current Zoning: "S -P-1" Detailed Site Plan District. SPIN #9. PUBLIC HEARING D. Ordinance No. 1122, 2nd Reading, Adopt ordinance to abandon permanent drainage easement as recorded in instrument D208331417 of the Deed Records of Tarrant County, Texas, situated in the Jesse C. Allen Survey, Abstract No. 18, in the City of Southlake, Tarrant County, Texas, being a portion of a tract of land conveyed to Keller Watermere, LP by deed as recorded in Document No. D206238263 of the Deed Records of Tarrant County, Texas and being more particularly described as Watermere. PUBLIC HEARING E. ZA15-073, Plat Revision for Lots 1R1 and 1R2, Block 2, Brewer Addition on property described as Lot 1 R, Block 2, Brewer Addition, an addition to the City of Southlake, Tarrant County, Texas and located at 2903 Florence Road, Southlake, Texas. Current Zoning: "SF -1113" Single Family Residential District. SPIN #11. City of Southlake values: Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork City of Southlake City Council meeting agenda August 18, 2015 Page 6 of 9 F. Consider proposal to adopt a flax increase. PUBLIC HEARING 7. Ordinances, first readings, and related items: A. Ordinance No. 480-699 (ZA15-065), 1st Reading, Zoning Change and Site Plan for Falcon Holdings of Southlake on property described as Tract 4C2A, Absolom H. Chivers Survey, Abstract No. 299, City of Southlake, Tarrant County, Texas, and located at 500 East State Highway 114, Southlake, Texas. Current Zoning: "AG" Agricultural District. Proposed Zoning: "S -P-1" Detailed Site Plan District. SPIN #3. (If approved, the public hearing will be held September 1, 2015.) B. Ordinance No. 1123 (CP15-001), 1St Reading, Land Use Plan Amendment from Low Density Residential to Office Commercial on property described as Lot 10A, Brock Addition, an addition to the City of Southlake, Tarrant County, Texas, and located at 2419 West Southlake Boulevard, Southlake, Texas. Current Zoning. "AG" Agricultural District. Proposed Zoning: "S -P-1" Detailed Site Plan District. SPIN #11. (If approved, the public hearing will be held September 1, 2095.) C. Ordinance No. 480-700 (ZA15-067), 1st Reading, Zoning Change and Site Plan for Hidden North Offices on property described as Lot 10A, Brock Addition, an addition to the City of Southlake, Tarrant County, Texas, and located at 2419 West Southlake Boulevard, Southlake, Texas. Current Zoning: "AG" Agricultural District. Proposed Zoning: "S -P-1" Detailed Site Plan District. SPIN #11. (If approved, the public hearing will be held September 1, 2015.) D. Ordinance No. 480-701 (ZA15-070), 1St Reading, Zoning Change and Development Plan for Matthews Court on property described as portions of Tracts 3D, 3D2 and 3, Obediah W. Knight Survey, Abstract No. 899, City of Southlake, Tarrant County, Texas, and located at 851 and 841 East Southlake Boulevard and 650 South Carroll Avenue, Southlake, Texas. Current Zoning: "AG" Agricultural District. Proposed Zoning: "R - PUD" Residential Planned Unit Development. SPIN #9. (If approved, the public hearing will be held September 1, 2015.) 8. Resolutions: (There are no items on this agenda.) 9. Other items for consideration: A. Selection of public art for the roundabout at Dove Road and Peytonville Avenue/Sam School Road. B. Selection of public art for The Marq Southlake. City of Southlake values: Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork City of Southlake City Council meeting agenda August 18, 2015 Page 7 of 9 C. Consider an order setting a public hearing for October 6, 2015, to discuss and review proposed updates to Land Use Assumptions, Capital Improvement Plans and Impact Fees for water, wastewater and roadway improvements. 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, August 14, 2015 by 6:00 p.m., pursuant to the Texas Government Code, Chapter 551. 116111 Ja,c •' ••• �': Lori Payne, T C o;' •�'� City Secretary If you plan to attend this pbJbIi6NeeW15 a0 advise the City Secretary'S"QA *-9 *%$oi accommodations will be made to assist you. have a disability that requires special needs, please ars in advance at 817-748-8016 and reasonable City of Southlake values: Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork City of Southlake City Council meeting agenda August 18, 2015 Page 8 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 property. The City Council may conduct a closed meeting to deliberate the purchase, exchange, lease or value of real property. Section 551.073: Deliberation re-garding 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 551.07.4: 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 alues.Integrity * Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork City of Southlake City Council meeting agenda August 18, 2015 Page 9of9 Section 418.183(D: 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 eme[gengy emergencymanagement plans regarding 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