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2016-08-02 CITY OF SOUTHLAKE TEXAS REGULAR CITY COUNCIL MEETING AUGUST 2 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. Local Business Report 4. Presentation of proposed amendments to the Southlake Zoning Ordinance No. 480, as amended related to stream buffer requirements and utilization of permeable pavement. i 5. Presentation on proposed amendments to the Southlake 2030 Mobility Plan. 6. 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 meetina that a need arises for the City Council to seek advice from the city attorney as to the posted subject matter of this Citv Council meetin . 1. Section 551.071: Consultation,with city attorney a. Seek advice of the city attorney regarding appeals to the Board of Adjustment and Tree Board concerning interpretation of the Zoning Ordinance, as amended, and the Tree Preservation Ordinance, as amended. City of Southlake values: Integrity♦ Innovation ♦Accountability♦ Commitment to Excellence ♦ Teamwork City of Southlake City Council meeting agenda August 2,2016 Page 2 of 8 b. Seek advice of the city attorney regarding legal issues with Dove Road infrastructure improvements. C. Seek advice of the city attorney regarding an agreement with adjacent landowners that would facilitate roadway improvements on FM 1709 in the area of Southlake Marketplace. d. Seek advice of the city attorney regarding pending litigation: 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. e. Seek advice of the city attorney regarding settlement negotiations with Gerald C. Graham and Barbara Jo Graham related to the Non-Exclusive Utility, Drainage, and Wall Easement Agreement in Settlement of Condemnation. 2. Section 551.072: Deliberations re-gardina real Propertya a. Discuss temporary construction easement appraisal for real property located at 249 West Highland impacting the North White Chapel Boulevard widening project. i 3. Section 551.074: Deliberation reaardina personnel matters a. Deliberate the appointment of city board and commission members. B. Reconvene: Action necessary on items discussed in Executive Session. 3. REPORTS: A. Mayor's Report B. City Manager's Report 1. Strategic Priority Update: Back-to-School Mobility and Safety 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 June 21, 2016 regular City Council meeting and from the July 6, 2016 City Council Summer Retreat. City of Southlake values: Integrity♦ Innovation ♦Accountability♦ Commitment to Excellence ♦ Teamwork City of Southlake City Council meeting agenda August 2, 2016 Page 3 of 8 B. Approve Ordinance No. 1158, 1St Reading, to approve an ordinance to dedicate a permanent municipal utility easement on City-owned property Lots 8-11, Block 3R of the Cimmarron Acres Addition. (If approved, the public hearing will be held August 16, 2016.) C. Approve Ordinance No. 1160, 1st Reading, Abandoning a portion of a permanent waterline easement as recorded in Volume 12954, Page 233 of the Deed Records of Tarrant County, Texas, situated in the U.P. Martin Survey, Abstract No. 1015 and the James B. Martin Survey, Abstract No. 1134, City of Southlake, Tarrant County, Texas; and being part of Lot 2R, Block 1, (Kirkwood Boulevard) of Sabre Group Campus, an addition to the City of Southlake according to the plat recorded in Cabinet A, Page 12216 of the Official Records of Tarrant County, Texas; and being part of Lot 1R1R1, Block 1, of Sabre Group Campus, an addition to the City of Southlake according to the plat recorded in Instrument No. D215221562 of said Official Public Records. (If approved, the public hearing will be held August 16, 2016.) r D. Approve a contract with Aetna to provide employee health insurance E benefits for Plan Year October 1, 2016 to September 30, 2017. E. Approve a contract renewal with United Healthcare to provide employee dental insurance benefits for Plan Year October 1, 2016 to September 30, 2017. F. Approve a contract with Unum to provide employee long term disability, life insurance, and accidental death and dismemberment insurance for Plan Year October 1, 2016 to September 30, 2017. G. Consider proposal to adopt a tax increase and set public hearing on the tax rate for the August 16, 2016 and September 6, 2016 regular City Council meetings. Tabled Items: H. ZA16-047, Site Plan for The Marq Southlake Champions Club on property described as Tract 3C and portions of Tracts 3C1 and 3C1A, L.G. Hall Survey, Abstract No. 686, City of Southlake, Tarrant County, Texas and located at 315, 275, and 285 Shady Oaks Drive, Southlake, Texas. Current Zoning: "CS" Community Service District. (The applicant has requested to table this item until the August 16, 2016 City Council l meeting.) City of Southlake values: Integrity♦ Innovation ♦Accountability♦ Commitment to Excellence ♦ Teamwork City of Southlake City Council meeting agenda August 2,2016 Page 4 of 8 I. ZA16-030, Site Plan for Hotel Indigo Carillon on property described as a portion of Tract 3A1, Larkin H. Chivers Survey, Abstract No. 300, City of Southlake, Tarrant County, Texas and located between the 200 and 400 Block of East State Highway 114, being approximately 1,100 feet east of the northeast corner of East State Highway 114 and North White Chapel Boulevard, Southlake, Texas. Current Zoning: "ECZ" Employment Center Zoning District. Requested Zoning: "ECZ" Employment Center Zoning District. SPIN #3. (The applicant has requested to table this item to the August 16, 2016 City Council meeting. This item will be considered with the 2nd Reading of Ordinance No. 480-5648, (ZA 16-029), Zoning Change and Development Plan for Carillon Corporate District.) i J. Ordinance No. 480-718, (ZA16-027),1St Reading, Zoning Change and Site Plan for State Highway 114 & Blessed Way Mixed Use Senior Housing on property described as Tract 2C, Richard Eads Survey, Abstract No. 481 and Tracts 5E, 5C1 and 5D1, Thomas Mahan Survey, Abstract No. 1049, City of Southlake, Tarrant County, Texas and located at 1680, 1700, 1730 and 1750 East State Highway 114, Southlake, Texas. Current Zoning: "AG" Agricultural District. Requested Zoning: "S-P-1" Detailed Site Plan District. SPIN #4. (The applicant has requested to table this item to the August 16, 2016 City Council meeting. If approved at 1st reading on August 16, 2016, the public hearing will be held on the September 6, 2016 r City Council meeting.) I REGULAR AGENDA: I 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. Resolution No. 16-028, Approving the resolution of the Community Enhancement and Development Corporation authorizing the issuance of the Community Enhancement and Development Corporation Sales Tax Revenue Bonds, Series 2016. B. Ordinance No. 480-701a, ZA16-045 , 2"d Reading, Zoning Chane and ( ) g g g Development Plan for Matthews Court on property described as portions of Tracts 3D, 3D2 and 3, Obediah W. Knight Survey, Abstract No. 899, City of Southlake, Tarrant County, Texas, generally located south of Zena Rucker Road approximately 1,000 feet east of Byron Nelson Parkway and addressed as 851 and 841 East Southlake Boulevard and 650 South City of Southlake values: Integrity♦ Innovation ♦ Accountability♦ Commitment to Excellence ♦ Teamwork City of Southlake City Council meeting agenda August 2,2016 Page 6 of 8 i Carroll Avenue, Southlake, Texas. Current Zoning: "R-PUD" Residential Planned Unit Development. Requested Zoning: "R-PUD" Residential Planned Unit Development. SPIN #9. PUBLIC HEARING ' C. ZA16-046, Preliminary Plat for Matthews Court on property described as portions of Tracts 3D, 3132 and 3, Obediah W. Knight Survey, Abstract No. 899, City of Southlake, Tarrant County, Texas, generally located south of Zena Rucker Road approximately 1,000 feet east of Byron Nelson Parkway and addressed as 851 and 841 East Southlake Boulevard and 650 South Carroll Avenue, Southlake, Texas. Current Zoning: "R-PUD" Residential Planned Unit Development. Requested Zoning: "R-PUD" j Residential Planned Unit Development. SPIN #9. 7. Ordinances, first readings, and related items: A. Ordinance No. 480-564B, (ZA16-029), 1st Reading, Zoning Change and Development Plan for Carillon Corporate District on property described as Tracts 3132 and 3B and a portion of Tract 3A1, Larkin H. Chivers Survey, Abstract No. 300, City of Southlake, Tarrant County, Texas and located j between the 200 and 400 Block of East State Highway 114, being approximately 1,100 feet east of the northeast corner of East State Highway 114 and North White Chapel Boulevard, Southlake, Texas. Current Zoning: "ECZ" Employment Center Zoning District. Requested Zoning: "ECZ" Employment Center Zoning District. SPIN #3. (If approved, the public hearing will be held August 16, 2016,) B. Ordinance No. 480-712, (ZA15-152), 1st 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, 513 and 5A (5A and 5B 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 September 6, 2016 City Council meeting. If approved at 1St Reading on September 6, 2016, the public hearing will be held on the September 20, 2096 City Council meeting.) 8. Resolutions: A. Resolution No. 16-040, Appoint a member to the Planning and Zoning Commission to fill an unexpired term. City of Southlake values: Integrity♦ Innovation ♦ Accountability♦ Commitment to Excellence ♦ Teamwork City of Southlake City Council meeting agenda August 2,2016 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, July 29, 2016 by 6:00 p.m., pursuant to the Texas Government ' t fCade, Chapter 551. atttllt9lalfe, •�0V7H �a�v� f ••• °..® o°° t X °° mho°e A,~ °° a � Lori Payne, TRM a e c City Secretary y�� a°•° °®p° e`o If you plan to attend this pL�8#r., •and have a disability that requires special needs, please advise the City Secretary's Office 48 hours in advance at 897-748-8096 and reasonable accommodations will be made to assist you. i City of Southlake values: Integrity♦ Innovation Accountability♦ Commitment to Excellence ♦ Teamwork City of Southlake City Council meeting agenda August 2,2016 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. 9. Lester J. Strait v. Savannah Court Partnership, et.al.; Cause No. 342-281936-15. 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 re-gardinq 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'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 4 Teamwork City of Southlake City Council meeting agenda August 2,2016 Page 8 of 8 Section 551.087: Deliberation re-garding 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 i eline 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. i City of Southlake values: Integrity♦ Innovation ♦Accountability♦ Commitment to Excellence ♦ Teamwork