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2016-02-02 i CITY OF SOUTHLAKE TEXAS i REGULAR CITY COUNCIL MEETING FEBRUARY 2 2016 LOCATION: 1400 Main Street, Southlake, Texas 76092 Council Chambers in Town Hail i I WORK SESSION: 5:30 P.M. j I 1. Call to order 2. Invocation: Clayton Reed 3. Local Business Report 4. Honors and Recognitions I A. Proclamation for the Southlake Employee Appreciation Week I B. Proclamation for the Southlake Titans 12U Flag Football State Champions I i 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 followina 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 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 attorne a. Seek the advice of the city attorney regarding interlocal agreement with Westlake for cost recovery efforts for Sewer Service from Glenwyck Farms and other Westlake developments into the N-1 Line. City of Southlake values: Integrity♦ Innovation ♦Accountability♦ Commitment to Excellence 4 Teamwork City of Southlake City Council meeting agenda February 2, 2016 Page 2 of 8 B. Reconvene: Action necessary on items discussed in Executive Session. 3. REPORTS: A. Mayor's Report B. City Manager's Report 1. LiveFit Southlake Presentation 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. onsent:A. Approve minutes from the January 19, 2016 regular City Council meeting. i B. Ordinance No. 1141, 1" Reading, Adopt ordinance to abandon a portion of permanent drainage easement as recorded in instrument D207253111 of the Deed Records of Tarrant County, Texas, situated in the John A. Freeman Survey, Abstract No. 529, more specifically described as Lot 4R, Block 1, Miron Addition, recorded in Cabinet A, Slide 3901, of Plat Records of Tarrant County, Texas. (If approved, the public hearing will be held February 16, 2016.) C. Award contract for citywide landscape services to O'Donnell's Landscape Services, Inc. D. Approve a name for the Library at Legends Hall. E. Authorize contract renewal for City tree services to Alpine Tree Service, Inc., Arbor Masters Tree Service, and Smith Lawn and Tree. 4 F. City Council confirmation of the City Manager's appointment of Robert M. Cohen as the Director of Public Works. G. Approve an annual purchase agreement with Martin Marietta Materials, Inc. for aggregate street materials through an interlocal agreement with the City of Grapevine. H. Authorize contract renewal with Blagg Tire and Service for City of Southlake preventative maintenance and general repair services for light and medium duty vehicles.. City of Southlake values: Integrity♦ Innovation ♦Accountability♦ Commitment to Excellence ♦ Teamwork i City of Southlake City Council meeting agenda February 2, 2016 Page 3 of 8 I. Authorize contract renewal with Grapevine Ford for City of Southlake preventative maintenance and general repair services for heavy duty and specialty vehicles. J. Resolution No. 16-005, Call a General Election for May 7, 2016. K. Approve a Community Events Participation Agreement with Southlake Women's Club for the 2016 Art in the Square event. L. Consider approval of amendment to Boards and .Commissions Manual. I I M. Ordinance No. 907A, 1St Reading, An amendment to Chapters 10 "Health and Sanitation, Article V "Public Smoking" and 12 "Parks and Recreation, Article II "City Parks," of the Southlake City Code. (If approved, the public hearing will be held February 16, 2096.) N. SV15-011, Variance to the Sign Ordinance No. 704-H regulations for Edward Jones located at 560 North Kimball Avenue, Suite 120, Southlake, Texas. Tabled items: f 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 Southlake, Tarrant County, Texas and located at 402 Southridge Lakes Parkway, Southlake, Texas. Current Zoning: "R-PUD" Residential Planned Unit Development District. SPIN #6. PUBLIC HEARING (At the applicant's request, this item has been tabled to the February 16, 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: A. Ordinance No. 1136 (CP15-003), 2"d Reading, Land Use Plan Amendment to Medium Density Residential on property described as Tracts 7A1, 7A2, 7A1A, 7A1A1, and 713, being portions of Lot 7, R. P. Estes Subdivision and Tracts 1A and 1A1, James B. Martin Survey, City of Southlake values: Integrity♦ Innovation ♦ Accountability♦ Commitment to Excellence ♦ Teamwork City of Southlake City Council meeting agenda February 2, 2016 Page 4 of 8 i Abstract No. 1134, City of Southlake, Tarrant County, Texas and located at 800, 848 and 812 West State Highway 114, Southlake, Texas. Current Zoning: None. Proposed Zoning: "R-PUD" Residential Planned Unit Development District. SPIN #5. PUBLIC HEARING i i B. Ordinance No. 480-709 (ZA15-137), 2"d Reading, Zoning Change and Development Plan for Southlake Meadows Phase III on property described as Tracts 7A1, 7A2, 7A1A, 7A1A1, and 713, being portions of Lot 7, R. P. Estes Subdivision and Tracts 1A and 1A1, James B. Martin Survey, Abstract No. 1134, City of Southlake, Tarrant County, Texas and located at 800, 848 and 812 West State Highway 114, Southlake, Texas. Current Zoning: None. Proposed Zoning: "R-PUD" Residential Planned Unit Development District. SPIN #5. PUBLIC HEARING C. ZA15-138, Preliminary Plat for Southlake Meadows Phase III on property described as Tracts 7A1, 7A2, 7A1A, 7A1A1, and 7B, being portions of Lot 7, R. P. Estes Subdivision and Tracts 1A and 1A1, James B. Martin Survey, Abstract No. 1134, City of Southlake, Tarrant County, Texas and located at 800, 848 and 812 West State Highway 114, Southlake, Texas. Current Zoning: None. Proposed Zoning: "R-PUD" Residential Planned Unit Development District. SPIN #5. D. This item was intentionally left blank E. Resolution No. 16-003, (ZA15-146) Specific Use Permit for Outdoor Sales or Services for Casual Living on property described as Lot 5R2, T. Easter j No. 474 Addition, an addition to the City of Southlake, Tarrant County, Texas, located at 2801 East Southlake Boulevard, Southlake, Texas. Current Zoning: "S-P-2" Generalized Site Plan District. SPIN #8. PUBLIC HEARING F. ZA15-072, Site Plan for Mainstreet Transitional Facility Care 1 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 G. Ordinance No. 1133, 2"d Reading, Adopt ordinance to dedicate permanent municipal utility easement on City-owned property Lot 11, Block 3R of the Cimmarron Acres Addition. PUBLIC HEARING 7. Ordinances, first readings, and related items: City of Southlake values: Integrity♦ Innovation ♦Accountability♦ Commitment to Excellence ♦ Teamwork City of Southlake City Council meeting agenda February 2, 2016 Page 5of8 A. 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, 31-11, 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. (If approved, the public hearing will be held February 16, 2016.) B. Ordinance No. 480-707 (ZA15-105), 1St 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, 31-11, 3J, 3J1, 3J113, 3J2, 3J 1 C, and 3J 1 A, 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. (if approved, the public hearing will be held February 16, 2016.) i C. Ordinance No. 480-657b (ZA15-142), 1St Reading, Zoning Change and ConceptlSite Plan for The Offices at Kimball Park on property described as Tracts 3A1A 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 February 16, 2096.) 8. Resolutions: (Theme are no items on this agenda.) 9. Other items for consideration: A. ZA15-134, Preliminary Plat for Lots 2R1 and 2R2, H. Granberry No. 581 Addition on property described as Lot 2R, H. Granberry No. 581 Addition, an addition to the City of Southlake, Tarrant County, Texas and located at 720 South White Chapel Boulevard, Southlake, Texas. Current Zoning: "RE" Single Family Residential Estate District. SPIN #10. City of Southlake values: Integrity♦ Innovation ♦Accountability♦ Commitment to Excellence ♦ Teamwork i City of Southlake City Council meeting agenda February 2, 2016 Page 6 of 8 B. ZA15-133, Plat Revision for Lots 2R1 and 2R2, H. Granberry No. 581 Addition on property described as Lot 2R, H. Granberry No. 581 Addition, an addition to the City of Southlake, Tarrant County, Texas and located at 720 South White Chapel Boulevard, Southlake, Texas. Current Zoning: "RE" Single Family Residential Estate District. SPIN #10. C. SV15-012, Variance to the Sign Ordinance No. 704-H regulations for Chiloso located at 2251 East Southlake Boulevard, Suite 150, Southlake, j Texas. D. MSP15-005, Master Sign Plan for Children's Health located at 470 East State Highway 114, Southlake, Texas. 10. Other items for discussion: (There are no items on this agenda.) 11. Meeting adjourned. i CERTIFICATE I hereby certify that the above agenda was posted on the official bulletin boards at Town Hall, 1400 Main Street, Southlake, Texas, on Friday, January 29, 2016 by 6:00 p.m., pursuant to the Texas Government Code, Chapter 551. S.,tollpfrol", �oVTHr(.n R 4ose a cjeao®eves °°oa m Lori Payne, TR City Secretary % 'n u°Oae®�aoe �,r If you plan to attend tfils,, Lting and have a disability that requires special needs, please advise the C►T� cretary's Office 48 hours in advance 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 February 2, 2016 Page 7of8 i 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. 8. 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-00874-0. 9. Lincoln et.al. v. City of Colleyville, Texas et.al.; Civil Action No. 4:15-CV-00819-A. 10. 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. 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. i Section 551.074: Deliberation regarding ersonnel 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♦ Innovation ♦Accountability♦ Commitment to Excellence ♦ Teamwork i City of Southlake City Council meeting agenda February 2, 2016 Page 8 of 8 I i i Section 551.087: Deliberation re ga rding 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. Section 418.106(d) & (e): Local meetin s to discuss eme[gency emergencymanagement plans regarding i eline safet . 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