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2016-02-16 r CITY OF SOUTHLAK.-E ` TEXAS I REGULAR CITY COUNCIL MEETING FEBRUARY 16, 2016 LOCATION: 1400 Main Street, Southlake, Texas 76092 Council Chambers in Town Hall WORK SESSION: 5:30 P.M. I i 1. Call to order j i 2. Invocation: Clayton Reed i 3. Chamber of Commerce Update 4. 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 Council to seek advice from the R& attorney, as to the posted sub'ect matter of this City Council meeting. 1. Section 551.071: Consultation with city attorney a. Seek advice of the city attorney regarding pending or contemplated litigation or a settlement offer regarding: 1. City of Southlake v. Ashwin J. Babaria, et al; Cause No. 2011-006149-3; eminent domain action regarding properly located at 1470 North Kimball Avenue, Southlake, Texas. 2. M.K. Painting, Inc. v. City of Southlake, Texas. B. Reconvene: Action necessary on items discussed in Executive Session. 3. REPORTS: City of Southlake values: Integrity♦ Innovation +Accountability♦ Commitment to Excellence ♦ Teamwork i City of Southlake City Council meeting agenda February 16,2016 j Page 2 of 8 3 i A. Mayor's Report B. City Manager's Report i 1. Capital Projects 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 February 2, 2016 regular City Council meeting. B. Authorize a contract renewal with Regent Services (Southlake Leasing and Management) for street sweeping and porter services for Southlake Town Square in an amount of$75,000. C. ZA15-145, Plat Revision for Southlake Meadows (formerly Savannah Estates) Phase I I on property described as Tracts 1 B, 1 B2, 1 132A, 1 B2A1, 1132A2, 3, 4A, 4A1, 4A2, 4A3, 413, 4131, 4132, 5A, 5A1, 5A1 A, 513, 5C, 6A, 6A1, 6A1A, 6A2, 6A2A, and 613, R.P Estes Subdivision and Tracts 1131, 1B1A, 1131A1, 113113, 1131131and 1131C, James B. Martin Survey, Abstract No. 1134, Southlake, Tarrant County, Texas and generally located at the northwest corner of West Dove Road and West State Highway 114, Southlake, Tarrant County, Texas. Current Zoning: R-PUD - Residential Planned Unit Development. SPIN #5. D. ZA16-001, Plat Revision 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-1X Single Family Residential District. SPIN #4. E. Approve the absences for Commissioner Eric Ransom from the January 21, 2016 and February 4, 2016 Planning and Zoning Commission meetings. City of Southlake values: Integrity♦ Innovation ♦Accountability♦ Commitment to Excellence ♦ Teamwork City of Southlake City Council meeting agenda February 16,2016 Page 3 of 8 Tabled Items: 1 F. Ordinance No. 1136 (CP15-003), 2"d Reading, Land Use Plan Amendment to Medium Density Residential on property described as Tracts 7A1, 7A2, WA, 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. PUBLIC HEARING (This item was tabled at the February 2, 2016 City Council meeting to the March 1, 2096 City Council meeting.) G. Ordinance No. 480-709 (ZA15-137), 2nd Reading, Zoning Change and Development Plan for Southlake Meadows Phase III on property described as Tracts 7A1, 7A2, WA, 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 (This item was tabled at the February 2, 2096 City Council meeting to the March 9, 2096 [ City Council meeting.) H. ZA15-138, Preliminary Plat for Southlake Meadows Phase III on property described as Tracts 7A1, 7A2, WA, 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. j Current Zoning: None. Proposed Zoning: "R-PUD" Residential Planned Unit Development District. SPIN #5. (This item was tabled at the February 2, 2096 City Council meeting to the March 1, 2096 City Council meeting.) I. Ordinance No. 480-708 (ZA15-115), 1st Reading, Zoning Change and Site Plan/Concept Plan for Pinnacle Point Office Park on property described as Lots 1-3, Meadow Oaks Addition, an addition to the City of Southlake, Tarrant County, Texas and located at 305, 395 and 405 South Kimball Avenue, Southlake, Texas. Current Zoning: "SF-1A" Single Family Residential District. Requested Zoning: "S-P-2" Generalized Site Plan District with "0-1" Office District uses. SPIN #8. (This item was tabled to the February 18, 2016 Planning and Zoning Commission meeting. If approved at that meeting, the first reading will be held at the March 1, 2016 City Council meeting,) City of Southlake values: Integrity♦ Innovation ♦Accountability♦ Commitment to Excellence ♦ Teamwork i City of Southlake City Council meeting agenda February 96, 2096 Page 4 of 8 J. Ordinance No. 1140 (CP15-004), 1St Reading, Land Use Plan amendment from Low Density Residential to Medium Density Residential on property described as Tracts 5A and 5B, being portions of Lot 5, Brock Addition, an addition to the City of Southlake, Tarrant County, Texas and located at 400, and 410 Brock Drive, Southlake, Texas. Current Zoning: "SFAX Single Family Residential District. Requested Zoning: "RPUD" Residential Planned Unit Development District. SPIN #11. (This item was tabled to the March 3, 2016 Planning and Zoning Commission meeting. If approved at that meeting, the first reading will be held at the April 5, 2016 City Council meeting.) K. Ordinance No. 480-712 (ZA15-152), 1St Reading, Zoning Change and Development Plan for Stone Trail Estates on property described as Tracts 5A, 5C1, 513, 5A3, and 5A2, Jesse G. Allen Survey, Abstract No. 18, City of Southlake, Tarrant County, Texas and Lots 3R, 5B and 5A, Brock Addition, an addition to the City of Southlake, Tarrant County, Texas and located at 2607, 2621, 2631, 2641, and 2651 West Southlake Boulevard and 250, 400, and 410 Brock Drive, Southlake, Texas. Current Zoning: "AG" Agricultural District "SFAX Single Family Residential District. Requested Zoning: "R-PUD" Residential Planned Unit Development District. SPIN #11. (This item was tabled to the March 3, 2096 Planning and Zoning Commission meeting. If approved at that meeting, the first reading will be held at the April 5, 2016 City Council meeting.) L.' Ordinance No. 1138 (CP16-001), 1St Reading, An amendment to the City of Southlake's 2030 Consolidated Future Land Use Plan to add a new land use category designation "Rural Residential Estate". (This item has been tabled to the March 1, 2016 City Council meeting.) M. Ordinance No. 1139, 1St Reading, An amendment to the City of Southlake's Zoning Ordinance 480, as amended to create a new zoning district category "RE - 7" Single Family Residential Estate District and to rename the current "RE" Single Family Residential to Estate District to "RE - 5" Single Family Residential Estate District. (This item has been tabled to the March 1, 2016 City Council meeting.) N. Ordinance No. 480-657b (ZA15-142), 2"d Reading, Zoning Change and Concept/Site Plan from S-P-2 Generalized Site Plan District to S-P-2 Generalized Site Plan District for The Offices at Kimball Park 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. PUBLIC HEARING (At the applicant's request, this item has been tabled to the March 1, 2016 City Council meeting.) City of Southlake values: Integrity♦ Innovation ♦Accountability♦ Commitment to Excellence ♦ Teamwork City of Southlake City Council meeting agenda February 16, 2016 Page 5 of 8 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. This item was intentionally left blank. B. Ordinance No. 1141, 2nd 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. PUBLIC HEARING C. Ordinance No. 907A, 2"d 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. PUBLIC HEARING 7. Ordinances, first readings, and related items: A. Ordinance No. 480-710 (ZA15-131), 1St Reading, Zoning Change and Concept Plan for 1814 Our Lane on property described as Tract 2C4, William H. Martin Survey, Abstract No 1068, Southlake, Tarrant County, Texas and located at 1814 Our Lane, Southlake, Texas. Current Zoning: "AG" Agricultural District. Requested Zoning: "SF-30" Single Family Residential District. SPIN #5. (If approved, the public hearing will be held at the Marsch 1, 2016 City Council meeting.) i B. Ordinance No. 480-711 (ZA15-139), 1St Reading, Zoning Change and Site Plan for Tower Plaza USPI Medical Office Building on property described as Tract 3B, 3131, and a portion of 3D1, Obediah W. Knight Survey No. 899, City of Southlake, Tarrant County, Texas and located at 821-835 East Southlake Boulevard, Southlake, Texas. Current Zoning: "S-P-1" Detailed Site Plan District. Requested Zoning: "S-P-1" Detailed Site Plan District with "O-1" Office District uses. SPIN #9. (If approved, the public hearing will be held at the March 1, 2016 City Council meeting.) 8. Resolutions: (There are no items on this agenda.) City of Southlake values: Integrity♦ Innovation Accountability♦ Commitment to Excellence ♦ Teamwork City of Southlake City Council meeting agenda February 16, 2016 Page 6 of 8 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. 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, February 12, 2016 by 6:00 p.m., pursuant to the Texas Government Code, Chapter 551. ,esA9aneeaea. ^i Lori Payne, T MC =>-. e City Secretary v If you plan to attend t ia,,p'c...W p4eeting 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. I i I I City of Southlake values: Integrity♦ Innovation 1 Accountability♦ Commitment to Excellence ♦ Teamwork City of Southiake City Council meeting agenda February 16,2016 Page 7 of 8 j 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 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 regardinq 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. City of Southlake values; Integrity♦ Innovation ♦Accountability♦ Commitment to Excellence ♦ Teamwork City of Southlake City Council meeting agenda February 16, 2016 Page 8 of 8 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. i 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- l 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 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. I F I i i City of Southlake values: Integrity♦ Innovation ♦Accountability♦ Commitment to Excellence ♦ Teamwork