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2015-11-17 it CITY OF SOUTHLAKE TEXAS REGULAR CITY COUNCIL MEETING NOVEMBER 17 2015 LOCATION: 1400 Main Street, Southlake, Texas 76092 i Council Chambers in Town Hall WORK SESSION: 5:30 P.M. 1. Call to order 2. Invocation: Jeff Gary 3. 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 i 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 subject matter of this City Council meeting. 1. Section 551.071: Consultation with city attorney a. Seek advice of the city attorney regarding Chapter 10, Article V, "Public Smoking" of the Southlake City Code. b. Seek advice of city attorney regarding pending or contemplated litigation or a settlement offer regarding Cause No.67-278292-15; styled W.K. Painting, Inc. v. City of Southlake," involving a contractual dispute regarding a Public Works project, specifically repainting of Pearson groundwater storage tanks. C. Seek advice of the city attorney regarding options to preserve the status quo during planning review of development regulations and land use plan categories. City of Southlake values: Integrity♦ Innovation ♦Accountability♦ Commitment to Excellence ♦ Teamwork i City of Southiake City Council meeting agenda November 17, 2015 Page 2 of 8 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. 3. Section 551.087: Deliberation regarding economic development negotiations a. Discuss the terms and conditions of an economic development incentive program — Project No. 2015-03. B. Reconvene: Action necessary on items discussed in Executive Session. 3. REPORTS: A. Mayors Report B. City Manager's Report 1. Geographic Information Systems (GIS) Program 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 November 3, 2015 regular City Council meeting. B. This item was intentionally left blank. C. This item was intentionally left blank. D. ZA15-113, Plat Revision for Lots 3R-6R, Legends at Southlake on property described as Lots 3-6, Legends at Southlake, an addition to the City of Southlake, Tarrant County, Texas located at 2345, 2320, 2360 and 2380 Dean Way, Southlake, Texas. Current Zoning: "S-P-2" Generalized Site Plan District. SPIN #8. E. ZA15-117, Plat Revision for Lot 4R, Block 2R1, Southlake Town Square Phase I on property described Lot 4, Block 2R1, Southlake Town Square Phase I, an addition to the City of Southlake, Tarrant County, Texas located at 1240 Main Street, Southlake, Texas. Current Zoning: "DT" Downtown District. SPIN #8. City of Southlake values.- Integrity alues.Integrity♦ Innovation +Accountability♦ Commitment to Excellence ♦ Teamwork City of Southlake City Council meeting agenda November 17, 2015 Page 3 of 8 F. This item was intentionally left blank. G. Variance to the Subdivision Ordinance No. 483, Section 4.01(1), as amended, regarding plat expiration, requesting to extend the validity of cases ZA06-030 Preliminary Plat and ZA06-185 Final Plat for Saddleback Ridge located at 330 through 360 West Bob Jones Road. H. Approve Facilities Utilization Agreement with Southlake Baseball Association. I. Approval of City Travel Policy. Tabled Items: J. Ordinance No. 480-705 (ZA15-104), 1s{ Reading, Zoning Change and Site Plan for Lowe's on property described as Lot 5, Block 1, Kimball/1709 Addition, an addition to the City of Southlake, Tarrant County, Texas and being located at 201 North Kimball Avenue, Southlake, Texas. Current Zoning: "C-3" General Commercial District. Requested Zoning: "S-P-1" Detailed Site Plan District. SPIN #8. PUBLIC HEARING (This item has been tabled to the December 1, 2015 City Council meeting.) K. ZA15-072, Site Plan for Mainstreet Transitional Facility Care/Post-Acute Care on property being described as Lot 2, Block 1 of the Bonola Family Addition, an addition to the City of Southlake, Tarrant County, Texas located at 2540 East State Highway 114, Southlake, Texas on 5.68 acres. Current Zoning: "C-3" Local Retail Commercial District. SPIN #4. PUBLIC HEARING (This item has been tabled to the December 1, 2015 City Council meeting.) L. Ordinance No. 480-706 (ZA15-097), 1St Reading, Zoning Change and Concept Plan for Pecan Creek Offices on property described as Lot 4, Block 1, Pecan Creek, an addition to the City of Southlake, Tarrant County, Texas and located at 731 Zena Rucker Road, Southlake, Texas. Current Zoning: "S-P-2" Generalized Site Plan District. Requested Zoning: "S-P-2" Generalized Site Plan District. SPIN #9. (This item has been tabled to the November 19, 2015 Planning and Zoning Commission meeting. If approved at that meeting, it will be considered on the December 1, 2015 City Council meeting agenda.) ) I City of Southlake values: Integrity♦ Innovation Accountability♦ Commitment to Excellence ♦ Teamwork City of Southlake City Council meeting agenda November 17, 2015 Page 4 of 8 M. Ordinance No. 1130 (CP15-002), 1St Reading, Land Use Plan Amendment from Low Density Residential to Medium Density Residential on property described as Lot 1R1 and 2, Block 1, Owens Addition, an addition to the City of Southlake, Tarrant County, Texas and Tracts 3H, 3H1, 3J, 3J1, 3J1B, 3J2, 3J1C, and 3J1A, Littleberry G. Hall Survey, Abstract No. 686, City of Southlake, Texas located at 800 West Southlake Boulevard, 250 Shady Oaks Drive and 980, 1000, 1100, 1110, and 1120 West Southlake Boulevard, Southlake, Texas. Current Zoning: "AG" Agricultural District and "SF-1A" Single Family Residential District. Requested Zoning: "R- PUD" Residential Planned Unit Development District. SPIN #6. (This item has been tabled to the November 19, 2015 Planning and Zoning Commission meeting. If approved at that meeting, it will be considered on the December 1, 2015 City Council meeting agenda.) N. Ordinance No. 480-707 (ZA15-105), 15t Reading, Zoning Change and Development Plan for Glenmore on property described as Lot 1 R1 and 2, Block 1, Owens Addition, an addition to the City of Southlake, Tarrant County, Texas and Tracts 3H, 3H1, 3J, 3J1, 3J1B, 3J2, 3J1C, and 3J1A, Littleberry G. Hall Survey, Abstract No. 686, City of Southlake, Texas located at 800 West Southlake Boulevard, 250 Shady Oaks Drive and 980, 1000, 1100, 1110, and 1120 West Southlake Boulevard, Southlake, Texas. Current Zoning: "AG" Agricultural District and "SF-1A" Single Family Residential District. Requested Zoning: "R-PUD" Residential Planned Unit Development District. SPIN #6. (This item has been tabled to the November 19, 2015 Planning and Zoning Commission meeting. If approved at that meeting, it will be considered on the December 1, 2015 City Council meeting agenda.) j 0. ZA15-092, Site Plan for Kimball Highland on property described as Lot 38, I Francis Throop No. 1511 Addition, an addition to the City of Southlake, Tarrant County, Texas, located at 1200 North Kimball Avenue, Southlake, Texas on 3.2 acres. Current Zoning: "B-1" Business Service Park District. SPIN #4. PUBLIC HEARING (This item has been tabled to the December 1, 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.) City of Southlake values.- Integrity alues.Integrity♦ Innovation ♦ Accountability♦ Commitment to Excellence ♦ Teamwork City of Southlake City Council meeting agenda November 17, 2015 Page 5 of 8 6. Ordinances, second readings, public hearings, and related items: A. Ordinance No. 480-536a (ZA15-093), 2nd Reading, Zoning Change and Site Plan for Cornerstone Crossing Business Park on property being described as Lots 1R1, 1R2, 2R1, 2R2, and 2R3, Block 3 of the Cornerstone Business Park Addition, an addition to the City of Southlake, Tarrant County, Texas located at 508, 512, and 516 Silicon Drive and 410 and 416 South Nolen Drive and also addressed as 500 and 510 Silicon Drive, Southlake, Texas on 3.17 acres. Current Zoning: "S-P-1" Detailed Site Plan District. Requested Zoning: "S-P-1" Detailed Site Plan District. SPIN #8. PUBLIC HEARING B. Resolution No. 15-052, (ZA15-109), Specific Use Permit for a Residential Solar Energy System on property being described as Lot 57, Block 4, South Ridge Lakes Addition, an addition to the City of Southlake, Tarrant County, Texas and located at 402 Southridge Lakes Parkway, Southlake, Texas. Current Zoning: "SF-20A" Single Family Residential District. (Notification and advertisement showed the current zoning as "R-PUD" Residential Planned Unit Development District.) SPIN #6. PUBLIC HEARING C. Resolution No. 15-053 (ZA15-125), Specific Use Permit to allow Outdoor Sales or Services at The Shops of Southlake on property described as Lots 1, 3 and 5, Block 1, The Shops of Southlake, an addition to the City j of Southlake, Tarrant County, Texas and located at 1201, 1425 and 1451 East Southlake Boulevard, Southlake, Texas. Current Zoning: "S-P-2" Generalized Site Plan District. SPIN #8. PUBLIC HEARING D. This item was intentionally left blank. E. Ordinance No. 1131, 2nd Reading, Adopt ordinance to abandon an 0.2534 acre Drainage Easement, recorded in D213130362 and being a portion of the 2.950 acres of land described in the deed to William R. and Zena Rucker as recorded in Volume 12069, Page 1671 in the Deed Records of Tarrant County. 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: City of Southlake values: Integrity♦ Innovation ♦Accountability♦ Commitment to Excellence ♦ Teamwork City of Southlake j City Council meeting agenda November 17, 2015 Page B of 8 i A. ZA15-116, Preliminary Plat 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-1A" Single Family Residential District. SPIN #4. 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, November 13, 2015 by 6:00 p.m., pursuant to the Texas Government Code, Chapter 551. ta'""'np91lfIJ s((1 r Lori Payne, IgMC City Secretary U ' If you plan to attend this publi ir,,. %#nd ,Ave a disability that requires special needs, please advise the City Secretary's Office 48 hoU191ki a6Wn%ce at 817-748-8096 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 November 17,2015 Page 7 of 8 I EXECUTIVE SESSION Section 551.071: Consultation with attorne . 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 regarding ros ective 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. 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. City of Southlake values: Integrity♦ Innovation ♦Accountability♦ Commitment to Excellence ♦ Teamwork City of Southlake City Council meeting agenda November 17, 2015 Page 8 of 8 i 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 41.8.1_06(d) & ( ): 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. I i City of Southlake values: Integrity♦ Innovation ♦ Accountability♦ Commitment to Excellence ♦ Teamwork