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2016-04-19CITY OF SOUTHLAKE TEXAS REGULAR CITY COUNCIL MEETING APRIL 19. 2016 LOCATION: 1400 Main Street, Southlake, Texas 76092 Council Chambers in Town Hall WORK SESSION: 6:30 P.M. or immediately following the Special City Council meeting Call to order. 2. 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 seek advice from the city attorney as to the posted subject matter of this City Council meeting. Section 551.072: Deliberation regarding real property a. Discuss the acquisition of property to improve the connection between Bank Street and State Highway 114/Industrial Boulevard. 2. Section 551.087: Deliberation regarding economic development negotiations a. Discuss the terms and conditions of an economic development incentives program — Project No. 2014-05. b. Discuss the terms and conditions of an economic development incentives program — Project No. 2016-02. B. Reconvene: Action necessary on items discussed in Executive Session. City of Southlake values: Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork City of Southlake City Council meeting agenda April 19, 2016 Page 2 of 8 3. REPORTS: A. Mayor's Report 1. Alliance for Children - Child Abuse Awareness Month proclamation 2. Tarrant County Precinct 3 Update B. City Manager's Report 1. Updates to vector control program 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 April 5, 2016 regular City Council meeting. B. This item was intentionally left blank. C. This item was intentionally left blank. D. Approve revisions to the Public Art Display and/or Performance Policy granting the Southlake Arts Council authority to approve temporary planned visual art exhibits in City facilities, and allow for the display of artwork pricing alongside the art. E. Approve the display of "Aviation in North Texas" art exhibit proposed by the Southlake Historical Society. F. Approve a Public Art Matching Funds Policy for permanent public and private art projects. TABLED ITEMS: G. Ordinance No. 1140, (CP15-004) Vt Reading, Land Use Plan amendment from Low Density Residential to Medium Density Residential on property described as Tracts 5A and 56, 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: "SF -1A" Single Family Residential District. Requested Zoning: "R -PUD" Residential Planned Unit Development District. SPIN #11. (The applicant has requested to table this item to the May 5, 2016 Planning and Zoning Commission meeting. If approved at that meeting, the first reading will be held at the May 17, 2016 City Council meeting.) City of Southlake values: Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork City of Southlake City Council meeting agenda April 19, 2016 Page 3 of 8 H. 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 Lot 3R and Tracts 5B and 5A, being portions of Lot 5, 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 and "SF -1A" Single Family Residential District. Requested Zoning: "R -PUD" Residential Planned Unit Development District. SPIN #11. (The applicant has requested to table this item to the May 5, 2016 Planning and Zoning Commission meeting. If approved at that meeting, the first reading will be held at the May 17, 2016 City Council meeting.) Resolution No. 16-012, (ZA16-020) Specific Use Permit for a Temporary Sales Facility on property described as Lot 1R, Block 20, Carillon Phase 1A, an addition to the City of Southlake, Tarrant County, Texas and located at 1845 Riviera Lane, Southlake, Texas. Current Zoning: "ECZ" Employment Center Zoning District. SPIN #3. PUBLIC HEARING (The applicant has requested to table this item to the June 7, 2016 City Council meeting.) J. Ordinance No. 1150, 2nd Reading, Adopt ordinance to abandon a permanent variable width drainage easement and a 15 -foot wide sanitary sewer easement as recorded on Lot 2, Block 1, Bonola Family Addition, recorded in Cabinet A, Slide 8967, Plat Records, Tarrant County, Texas, situated in the Samuel Freeman Survey, Abstract No. 525. PUBLIC HEARING (This item has been permanently tabled.) K. ZA15-151, Preliminary Plat for Saddleback Ridge Estates on property described as Lot 1, Block 1, Quail Oaks Addition; Tracts 3, 4, 4B R.D. Price Survey No. 992 and Tract 11 A. Robinson Survey No. 1131, Southlake, Denton County, Texas and located at 330-360 West Bob Jones Road and 4640 North White Chapel Boulevard, Southlake, Texas. Current Zoning: "SF -1A" Single Family Residential District. SPIN #1. (This item has been tabled to the May 3, 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.) . City of Southlake values: Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork City of Southlake City Council meeting agenda April 19, 2016 Page 4 of 8 6. Ordinances, second readings, public hearings, and related items: A. Resolution No. 16-013, (ZA16-004) Specific Use Permit for the Sales and/or Service of Used Automobiles, Trucks and Motorhomes on property described as Lot 3, Block A, North Davis Business Park an addition to the City of Southlake, Tarrant County, Texas and located at 2100 Greenwood Drive, Southlake, Texas. Current Zoning: "I-1" Light Industrial District. SPIN #10. PUBLIC HEARING B. ZA16-012, Site Plan for TD Ameritrade on property described as Lot 1R1R1, Block 1, Sabre Group Campus Addition, an addition to the City of Southlake, Tarrant County, Texas and located at 1051 West Kirkwood Boulevard, Southlake, Texas. Current Zoning: "NR -PUD" Non -Residential Planned Unit Development District. SPIN #1, PUBLIC HEARING C. ZA16-014, Site Plan for Harkins Theater Building on property described as Lot 4, Block 14, Phase IV, Southlake Town Square, an addition to the City of Southlake, Tarrant County, Texas and located at 1450 Plaza Place, Southlake, Texas. Current Zoning: "DT Downtown District. SPIN #8. PUBLIC HEARING D. ZA16-018, Site Plan for Southlake Storage on property being described as Lot 513, Brumlow Industrial District Phase II, an addition to the City of Southlake, Tarrant County, Texas and located at 1928 Brumlow Avenue, Southlake, Texas. Current Zoning: "I-1" Light Industrial District. SPIN #9. PUBLIC HEARING E. Resolution No. 16-014, (ZA16-019) Specific Use Permit for a Commercial school including trade school on property described as Lot 9, Block B, Commerce Business Park, an addition to the City of Southlake, Tarrant County, Texas, located at 2820 Market Loop, Southlake, Texas. Current Zoning: "I-1" Light Industrial District. SPIN #8. PUBLIC HEARING F. This item was intentionally left blank. G. This item was intentionally left blank. H. Variance to the Masonry Ordinance No. 557, as amended, for one portable building at Johnson Elementary School on property described as Lot 13R1, F. Throop No. 1511 Addition, an addition to the City of Southlake, Tarrant County, Texas and located at 1301 North Carroll Avenue, Southlake, Texas. Current Zoning: "CS" Community Service District. PUBLIC HEARING City of Southlake values: Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork City of Southlake City Council meeting agenda April 19, 2016 Page 5 of 8 Variance to the Masonry Ordinance No. 557, as amended, for one portable building at Carroll Elementary School on property described as Lot 1, Samuel H. Thompson No. 1504 Addition, an addition to the City of Southlake, Tarrant County, Texas and located at 1705 West Continental Avenue, Southlake, Texas. Current Zoning: "CS" Community Service District. PUBLIC HEARING 7. Ordinances, first readings, and related items: A. Ordinance No. 480-713, (ZA15-111) 1st Reading, Zoning Change and Site Plan for Brad Moss Dental Office on property described as Lots 9 and 10, Oaks Addition, an addition to the City of Southlake, Tarrant County, Texas located at 1011 North Carroll Avenue and 1170 Casey Court, Southlake Texas. Current Zoning: "C-1" Neighborhood Commercial District and "AG" Agricultural District. Requested Zoning: "S -P-1" Detailed Site Plan District. SPIN #3. (If approved, the public hearing will be held on May 3, 2016.) B. Ordinance No. 480-714, (ZA16-022) lat Reading, Zoning Change and Site Plan for Westin Hotel on property described as Gateway Church -114 Campus, Block 4, Lot 1, an addition to the City of Southlake, Tarrant County, Texas and located at 1200 East State Highway 114, Southlake, Texas. Current Zoning: "S -P-1" Detailed Site Plan District. Requested Zoning: "S -P-1" Detailed Site Plan District. SPIN #4. (If approved, the public hearing will be held on May 3, 2016.) 8. Resolutions: (There are no items on this agenda.) 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. City of Southlake values: Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork City of Southlake City Council meeting agenda April 19, 2016 Page 6 of 8 CERTIFICATE hereby certify that the above agenda was posted on the official bulletin boards at Town Hall, 1400 Main Street, Southlake, Texas, on Friday, April 15, 2016 by 6:00 p.m., pursuant to the Texas GoveCnmer4.Code, Chapter 551. Ok Lori Payne, TF#AC City Secretary If you plan to attend this" Pu61roo ieeting 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 values: Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork City of Southlake City Council meeting agenda April 19, 2016 Page 7 of 8 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. 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 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. City of Southlake values: Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork City of Southlake City Council meeting agenda April 19, 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. 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. City of Southlake values: Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork