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2015-12-01City of Southlake values: Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork REGULAR CITY COUNCIL MEETING DECEMBER 1, 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: David Whitington 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 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 C ouncil 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 eligibility requirements for board member appointments. 2. Section 551.074: Deliberation regarding personnel matters a. Deliberate the appointment, employment, evaluation, reassignment, duties, discipline or dismissal of the City Secretary. B. Reconvene: Action necessary on items discussed in Executive Session. 3. REPORTS: A. Mayor’s Report City of Southlake City Council meeting agenda December 1, 2015 Page 2 of 8 City of Southlake values: Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork 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 November 17, 2015 regular City Council meeting. B. Renew annual purchasing agreements for utility parts with Atlas Utility Supply and H.D. Supply Waterworks. C. Authorize expenditures with Brandt Engineering in FY2016, in an amount not to exceed $90,000 for the electrical finish out of the DPS North IT Disaster Recovery Data Center. D. Approve a Southlake Parks Development Corporation (SPDC) M atching Funds request from Southlake Cricket Club for construction of a cricket pitch at Bob Jones Park. E. Approve a professional services agreement with Weaver L.L.P., for audit services. F. This item was intentionally left blank. G. Ordinance No. 1132, 1st Reading, Changing the street name of East Kirkwood Boulevard, located west of North White Chapel Boulevard and east of State Highway 114, to West Kirkwood Boulevard. (If approved, the public hearing will be held on January 5, 2016.) H. Approve a one year Plat Extension of the Plat Revision for Lot 1R, Block B, MTP-IBM Addition No. 1 (ZA13-124) on property described as Lot 1, Block B, MTP-IBM Addition No. 1, an addition to the City of Southlake, Tarrant County, Texas and located at 1 East Kirkwood Boulevard. I. Resolution No. 15-054, Cast vote for Tarrant Appraisal District (TAD) Board of Directors. J. Resolution No. 15-057, Cast vote for Denton Central Appraisal District (DCAD) Board of Directors. City of Southlake City Council meeting agenda December 1, 2015 Page 3 of 8 City of Southlake values: Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork K. Resolution No. 15-058, Amend a Library Board member appointment. Tabled Items: L. 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 January 7, 2016 Planning and Zoning Commission meeting. If approved at that meeting, it will be considered on the January 19, 2016 City Council meeting agenda.) M. Ordinance No. 480-707 (ZA15-105), 1st Reading, Zoning Change and Development Plan for Glenmore 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 January 7, 2016 Planning and Zoning Commission meeting. If approved at that meeting, it will be considered on the January 19, 2016 City Council meeting agenda.) N. Ordinance No. 480-705 (ZA15-104), 1st 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, located at 201 North Kimball Avenue, Southlake, Texas on 14.7 acres. Current Zoning: "C-3" General Commercial District. Requested Zoning: “S- P-1” Detailed Site Plan District. SPIN #8. (At the applicant’s request, this item was tabled at the November 17, 2015 City Council meeting to the January 5, 2016 City Council meeting. If approved, the public hearing will be held on January 19, 2016.) City of Southlake City Council meeting agenda December 1, 2015 Page 4 of 8 City of Southlake values: Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork O. 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 S outhlake, 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 (At the applicant’s request, this item was tabled at the November 17, 2015 City Council meeting to the January 5, 2016 City Council meeting.) P. ZA15-120, Site Plan for Marsh Eye Center on property being described as Lot 12R2, Block 2, Diamond Circle Estate Addition, an addition to the City of Southlake, Tarrant County, Texas located at 670 East Southlake Boulevard, Southlake, Texas. Current Zoning: “C-2” Local Retail Commercial District. SPIN #7. PUBLIC HEARING (This item was withdrawn by the applicant.) Q. Resolution No. 15-055 (ZA15-124), Specific Use Permit for equestrian riding stables on property described as Tracts 3B1 and 3C1, J. J. Freshour Survey, Abstract No. 521, Southlake, Tarrant County, Texas and located at 800 Lodestar Drive, Southlake, Texas. Current Zoning: "AG" Agricultural District. SPIN #11. PUBLIC HEARING (This item has been tabled to the January 7, 2016 Planning and Zoning Commission meeting. If approved at that meeting, it will be considered on the January 19, 2016 City Council meeting agenda.) R. 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” General Commercial District. SPIN #4. PUBLIC HEARING (At the applicant’s request, this item has been tabled to the January 5, 2016 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 City Council meeting agenda December 1, 2015 Page 5 of 8 City of Southlake values: Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork A. This item was intentionally left blank. B. ZA15-092, Site Plan for Kimball Highland on property described as Lot 38, 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 C. ZA15-126, Site Plan for Carroll Pointe on property described as Lot 1R, Greenway-Carroll Addition, an addition to the City of Southlake, Tarrant County, Texas and located at 1201 E ast State Highway 114, Southlake, Texas. Current Zoning: "C-3" General Commercial District. SPIN #8. PUBLIC HEARING D. ZA15-121, Site Plan for Morrison Office Park on property being described as Lot 2, Block 1, Morrison Office Park Addition, an addition to the City of Southlake, Tarrant County, Texas located at 300 Morrison Park Drive, Southlake, Texas. Current Zoning: “S-P-2” Generalized Site Plan District. SPIN #4. PUBLIC HEARING E. ZA15-123, Site Plan for Morrison Office Park on property being described as Lot 6, Block 1, Morrison Office Park Addition, an addition to the City of Southlake, Tarrant County, Texas located at 315 Morrison Park Drive, Southlake, Texas. Current Zoning: “S-P-2” Generalized Site Plan District. SPIN #4. PUBLIC HEARING F. Resolution No. 15-056 (ZA15-129), Specific Use Permit for a Temporary Sales Facility on Lot 28, Block A, Southlake Glen (for merly known as Gateway Lakes) on property currently described Lot 1, Block 3, Gateway Church – 114 Campus an addition to the City of Southlake, Tarrant County, Texas, generally located at 2000 East Kirkwood Boulevard and specifically located at 909 Glen Lakes Drive, Southlake, Texas. Current Zoning: "TZD" Transition Zoning District. SPIN #4. PUBLIC HEARING 7. Ordinances, first readings, and related items: A. 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. (If approved, the public hearing will be held on January 5, 2016.) 8. Resolutions: (There are no items on this agenda.) City of Southlake City Council meeting agenda December 1, 2015 Page 6 of 8 City of Southlake values: Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork 9. Other items for consideration: A. Consider SV15-009, Sign Variance to the Master Sign Plan for Southlake Town Square, Phase I, for Fusion Academy located at 301 State Street, Suite 200, Southlake, Texas. 10. Other items for discussion: (There are no items on this agenda.) 11. Meeting adjourned. CERTIFICATE I hereby certify that the above agenda was posted on the official bulletin boards at Town Hall, 1400 Main Street, Southlake, Texas, on Wednesday, November 25, 2015 by 6:00 p.m., pursuant to the Texas Government Code, Chapter 551. ____________________________ Traci Henderson, TRMC Deputy City Secretary If you plan to attend this public meeting and have a disability that requires special needs, please advise the City Secretary’s Office 48 hours in advance at 817-748-8016 and reasonable accommodations will be made to assist you. City of Southlake City Council meeting agenda December 1, 2015 Page 7 of 8 City of Southlake values: Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork 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 Texa s 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. 8. Constance Westfall v. Jose Luna, Nathaniel Anderson, Venessa Trevino, Chris Melton, and Thomas Roberson, and the City of Sou thlake; Civil Action No. 4:15- CV-00874-O. 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 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 551.074: Deliberation regarding personnel matters. The City Council may deliberate the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of public officers, including the City Manage r, 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 City Council meeting agenda December 1, 2015 Page 8 of 8 City of Southlake values: Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork Section 551.087: Deliberation regarding economic development negotiations. The City Council may discuss or deliberate regarding commercial or f inancial 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. 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.