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2016-05-03CITY OF SOUTHLAK.E TEXAS REGULAR CITY COUNCIL MEETING MAY 3. 2016 LOCATION: 1400 Main Street, Southlake, Texas 76092 Council Chambers in Town Hall WORK SESSION: 5:30 P.M. 1. Call to order 2. Invocation: Clayton Reed 3. Recognition and reception for outgoing Deputy Mayor Pro Tem Brandon Bledsoe 4. Update on auto burglaries 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 following the work session 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 Section 551.071: Consultation with citv attornev a. Seek advice of the city attorney regarding Chapter 5, Article V of the Southlake Code of Ordinances, Sexually Oriented Businesses. b. Seek advice of the city attorney regarding the creation of ordinances for Assistant Living Facilities and Boarding Home Facilities. City of Southlake values: Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork City of Southlake City Council meeting agenda May 3, 2016 Page 2 of 8 2. a. Discuss right of way encroachment for Southlake Meadows development. 3. Section 551.072: Deliberation regarding real property a. Discuss right of way/easement acquisition for North White Chapel Boulevard widening on southeast corner of North White Chapel Boulevard/State Highway 114. Ell 5. a. Deliberate the appointment of city board and commission members. a. Discuss the terms and conditions of an economic development incentives program — Project No. 2014-05. B. Reconvene: Action necessary on items discussed in Executive Session. 3. REPORTS: A. Mayor's Report 1. Annual Volunteer Southlake Awards Recognition 2. Proclamation for National Travel and Tourism Week 2016 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 April 19, 2016 special City Council meeting and regular City Council meeting. B. Approve Resolution No. 16-016, Appoint a member to the Community Enhancement and Development Corporation Board of Directors. City of Southlake values: Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork City of Southlake City Council meeting agenda May 3, 2016 Page 3 of 8 C. Approve an interlocal agreement with Tarrant County for the joint reconstruction of Shady Oaks Drive from the northern property line of Bicentennial Park, north approximately 3,000 feet to the northern property line of 979 Shady Oaks Drive. D. Amend Residential Developer Agreement to reassign reimbursement rights to Toll Brothers for the Southlake Meadows development. E. Approve Architectural/Engineering Design Services Agreement with RPGA Design Group, Inc. for the DPS West Reconfiguration project in an amount not to exceed $228,975. F. Approve Change Order No. 7 with Wilson Contractor Services, LLC for the Water and Sanitary Sewer Relocation Project for FM 1938 in an amount not to exceed $48,850. G. Approve Resolution No. 16-019, adopting a tax abatement policy; establishing guidelines and criteria for tax abatement agreements; and, electing to continue eligibility to participate in tax abatement. H. Approve Ordinance No. 1151, 15t Reading, establishing a Tax Abatement Reinvestment Zone in the City of Southlake, Texas as authorized by the Property Redevelopment and Tax Abatement Act, Chapter 312 of the Texas Tax Code. (If approved, the public hearing will be held at the May 17, 2016 City Council meeting.) Approve a Community Services Participation Agreement with the Crossman World Class Drum Corps for the 2016 Showcase in the Square event. Tabled Items: J. 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.) K. Ordinance No. 1140, (CP15-004) 15t Reading, Land Use Plan amendment from Low Density Residential to Medium Density Residential on property described as Tracts 5A and 513, 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" City of Southlake values: Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork City of Southlake City Council meeting agenda May 3, 2016 Page 4 of 8 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. If approved on May 17, 2016, the public hearing will be held at the June 7, 2016 City Council meeting.) L. Ordinance No. 480-712 (ZA15-152), 15t Reading, Zoning Change and Development Plan for Stone Trail Estates on property described as Tracts 5A, 5C1, 5B, 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 "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. If approved on May 17, 2016, the public hearing will be held at the June 7, 2016 City Council meeting.) M. ZA16-013, Site Plan for Continental Self Storage on property described as Lot 2, Block 1, Greenlee Business Park, an addition to the City of Southlake, Tarrant County, Texas and located at 2060 East Continental Boulevard in Southlake, Texas. Current Zoning: 14" Light Industrial District. SPIN #8. PUBLIC HEARING (This item was tabled to the May 5, 2016 Planning and Zoning Commission meeting. If approved at that meeting, the public hearing will be held at the May 17, 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 values: Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork City of Southlake City Council meeting agenda May 3, 2016 Page 5 of 8 A. Ordinance No. 480-713, (ZA15-111), 2nd 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. PUBLIC HEARING B. Ordinance No. 480-714, (ZA16-022), 2nd Reading, Zoning Change and Site Plan for Westin Hotel on property described as Lot 1, Block 4, Gateway Church -114 Campus, 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. PUBLIC HEARING C. ZA16-016, Site Plan for Public Storage on property described as Lot 1, Block 2, Mustang Business Park, an addition to the City of Southlake, Tarrant County, Texas and located at 1750 State Highway 26 (also addressed as 1800 State Highway 26), Southlake, Texas. Current Zoning: "I-1" Light Industrial District. SPIN #8. PUBLIC HEARING 7. Ordinances, first readings, and related items: (There are no items on this agenda.) 8. Resolutions: A. Resolution No. 16-017, authorizing the city attorney to bring condemnation action for the purpose of obtaining a right of way to construct and maintain water lines, sidewalks, and roadway appurtenances on land located in the Thomas M. Hood Survey, Abstract No. 706 at 1000 North White Chapel Boulevard. 9. Other items for consideration: A. SV16-005, Variance to the Sign Ordinance No. 704-H regulations for Great Harvest Bread Company located at 1241 East State Highway 114, Suite 160, Southlake, Texas. B. 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. City of Southlake values: Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork City of Southlake City Council meeting agenda May 3, 2016 Page 6 of 8 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, April 29, 2016 by 6:00 p.m., pursuant to the Texas Government Code, Chapter 551. Lori Payne, T"C ; �s City Secretary If you plan to attend<V7is''puW- r &ting and have a disability that requires special needs, please advise tAb,4'� %etretary'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 May 3, 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. 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. 8. 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 4 Accountability ♦ Commitment to Excellence ♦ Teamwork City of Southlake City Council meeting agenda May 3, 2016 Page 8 of 8 Section 551.087: Deliberation regardinq 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