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2016-11-15 CC CITY OF SOUTHLA14CE TEXAS REGULAR CITY COUNCIL MEETING NOVEMBER 15 2016 LOCATION: 1400 Main Street, Southlake, Texas 76092 Council Chambers in Town Hall i WORK SESSION: 5:30 P.M. 1. Call to order 2. Invocation: Clayton Reed i 3. Honors and Recognitions: A. Proclamations for Eagle Scout recipients 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: Immediate) following- the work session 1. Call to order. 2. A. Executive Session: Pursuant to the Open Meetings Act Chapter 551 P g � P , 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 AU time during the meeting that a need arises for the City Council to seek advice from the city 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 legal issues with Dove Road infrastructure improvements. b. Seek advice of the city attorney regarding legal issues associated with residential construction claims. City of Southlake values: Integrity♦ Innovation ♦Accountability♦ Commitment to Excellence ♦ Teamwork City of Southlake City Council meeting agenda November 16,2016 Page 2 of 8 2. Section 551.087: Deliberation regarding economic development ne otiations i a. Discuss the terms and conditions of an economic development incentives program - Project No. 2014-03. B. Reconvene: Action necessary on items discussed in Executive Session. I 3. REPORTS: A. Mayor's Report B. City Manager's Report 1. Water Meter Upgrade Project 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 November 1, 2016 regular City Council meeting. g 4 B. Approve Resolution No. 16-038, Adopt a legislative agenda for the 85th Legislative Session. C. Approve Resolution No. 16-047, Amending the Fee Schedule. D. Award contract to Weatherproofing Services through Choice Partners for the DPS Headquarters Masonry Cleaning and Sealing Project in an amount not to exceed $189,442. E. Approve ZA16-090, Plat Revision for Saddleback Ridge Estates, being a revision of property described as Lot 1, Block 1, Quail Oaks Addition and Tracts 3, 4 and 413, R.D. Price Survey, Abstract No. 992 and Tract 11, A. Robinson Survey, Abstract No. 1131, in the City of Southlake, Denton County, Texas and located at 330-360 West Bob Jones Road and 4640 North White Chapel Boulevard, Southlake, Texas. SPIN #1. F. Cancel the January 3, 2017 City Council meeting. City of Southlake values.- Integrity♦ Innovation ♦ Accountability♦ Commitment to Excellence ♦ Teamwork City of Southlake City Council meeting agenda November 15,2016 Page 3 of 8 TABLED ITEMS: G. Table Ordinance No. 480-474A, (ZA16-026), 'It Reading, Zoning Change and Site Plan for River Oaks Park office building on property described as Lot 7, Block 1, River Oaks Addition, an addition to the City of Southlake, Tarrant County, Texas, and located at 121 River Oaks Drive, Southlake, Texas. Current Zoning: "S-P-2" Generalized Site Plan District. Requested Zoning: "S-P-2" Generalized Site Plan District. SPIN #11. (This item is requested to be tabled until the December 6, 2016 City Council meeting.) H. Table Ordinance No. 480-VVVV, 2"d Reading, Amendment to the City of Southlake Comprehensive Zoning Ordinance No. 480, as amended, to add development regulations for the buffering of natural areas along streams, to add regulations regarding the use of permeable pavement and to include miscellaneous corrections. PUBLIC HEARING (This item is being tabled until the December 6, 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.) i 6. Ordinances, second readings, public hearings, and related items: A. Resolution No. 16-053 (ZA16-095) Specific Use Permit for The Parkview Residences residential lofts on property described as Lot 4, Block 4R1, Southlake Town Square Addition, Phase I, an addition to the City of Southlake, Tarrant County, Texas, located at 1471 Federal Way, Southlake, Texas. Current Zoning: "DT" Downtown District. SPIN #8. PUBLIC HEARING B. Ordinance No. 480-564B, (ZA16-029), 2"d 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 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. PUBLIC HEARING City of Southlake values: Integrity♦ Innovation ♦Accountability♦ Commitment to Excellence ♦ Teamwork City of Southlake City Council meeting agenda November 15,2016 Page 4 of 8 C. 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. PUBLIC HEARING D. ZA16-031, Preliminary Plat or Lots 1 and 2, Block 1, Carillon - Hotel Indigo on property described as portions of Tracts 3A5, 3A3, 3A and 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: "ECT' Employment Center Zoning District. Requested Zoning: "ECT' Employment Center Zoning District. SPIN #3. E. Ordinance No. 480-564C, (ZA16-071), 2"d Reading, Zoning Change and Development Plan for Carillon, Plaza District on property described as Tracts 1, 3A04, 3A04A, 3A05 and. portions of Tracts, 3A, 3A01, and 3A03, Larkin H. Chivers Survey, Abstract No. 300, City of Southlake, Tarrant County, Texas and generally located at the northeast intersection of East State Highway 114 and North White Chapel Boulevard and bounded by East State Highway 114 on the south, North White Chapel Boulevard on the west, East Kirkwood Boulevard on the north and Riviera Lane on the east, Southlake, Texas. Current Zoning: "ECZ" Employment Center Zoning District. Requested Zoning: "ECZ" Employment Center Zoning District. SPIN #3. PUBLIC HEARING F. This item was intentionally left blank. G. Ordinance No. 480-343B, (ZA16-086), 2nd Reading, Zoning Change and Site Plan for Southlake Department of Public Safety West on property being described as Lots 3R1 and 3R2, Block 1, Corner Addition, City of Southlake, Tarrant County, Texas and Located at 2100 West Southlake Boulevard, Southlake, Texas. Current Zoning; "S-P-1" Detailed Site Plan District. Requested Zoning: "S-P-1" Detailed Site Plan District. SPIN #6. PUBLIC HEARING H. Ordinance No. 1153, 2nd Reading, Adopt ordinance to abandon permanent right of way as recorded on Lot 1, Block 17, Southlake Town Square, Phase IV, recorded in Cabinet A, Slides 10949-10952, Plat Records, Tarrant County, Texas, situated in the Richard Eads Survey, Abstract No. 481. PUBLIC HEARING City of Southlake values: Integrity♦ Innovation ♦Accountability♦ Commitment to Excellence ♦ Teamwork i City of Southlake City Council meeting agenda November 15,2016 Page 5 of 8 I. Ordinance No. 1166, 2nd Reading, Adopt ordinance to abandon a permanent water easement as recorded in Cabinet A, Slide 11914 of the Plat Records of Tarrant County, Texas, situated in the Harrison Decker Survey, Abstract No. 438 and being part of Lot 1, Block 2, of Mustang Business Park, an addition to the City of Southlake. PUBLIC HEARING 7. Ordinances, first readings, and related items: i A. Ordinance No. 480-720 (ZA16-051), 1st Reading, Zoning Change and Concept 1 Site Pian for Delta Southlake Center (formerly known as White Chapel Village) on property described as Tracts 3A2, 3A2B and 3D, Larkin H. Chivers Survey, Abstract No. A300, City of Southlake, Tarrant County, Texas, Lots 1A, 2A and 3A, Block 1, Chivers Addition, originally platted as Tracts 1, 2 and 3, Block 1, Chivers Addition, an addition to the City of Southlake, Tarrant County, Texas, in the Larkin H. Chivers Survey, Abstract No. 300, and Lots 1 and a portion of Lot 2R, Block A80, Peck Addition, an addition to the City of Southlake, Tarrant County, Texas and located at 1313, 1325, 1350 and 1375 North White Chapel Avenue, and 101, 201, 301 and 319 East State Highway 114, Southlake, Texas. Current Zoning: "AG" Agricultural District, "C-3" General Commercial District, "CS" Community Service District and "SF-1A" Single Family Residential District. Proposed Zoning: "S-P-2" Generalized Site Plan District. SPIN #7. (If approved, the public hearing will be held on December 6, 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. i i City of Southlake values: Integrity♦ Innovation ♦Accountability♦ Commitment to Excellence ♦ Teamwork City of Southlake City Council meeting agenda November 45, 2016 Page 6of8 CERTIFICATE I hereby certify that the above agenda was posted on the official bulletin boards at Town Hall, 1400 Main Street, Southlake, Texas, on Fovember 11, 2016 by 6:00 p.m., pursuant to the Texas Government Code, Carol Ann Borges, TRMC Deputy City Secretary If you plan to attend this public meeting disability that requires special needs, please advise the City Secretary's Office 48 hours in advance at 897-748-8016 j and reasonable accommodations will be made to assist you. k t City of Southlake values: Integrity♦ Innovation ♦ Accountability♦ Commitment to Excellence ♦ Teamwork i City of Southlake City Council meeting agenda November 15,2016 Page 7 of 8 EXECUTIVE SESSION Section 551.071: Consultation with attorne . 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: I i 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; I eminent domain action regarding property located at 1470 North Kimball Avenue, Southlake, Texas. 6. James H. Watson v. City of Alien, 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 re-garding realro eLt . The City Council may conduct a closed meeting to deliberate the purchase, exchange, lease or value of real property. Section 551.073: Deliberation re ardin 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. 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. i 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 1 City of Southlake 1 City Council meeting agenda November 15,2016 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(D: 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, I 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 j involving pipeline safety and/or security of pipeline infrastructures or facilities when those plans or discussions contain such sensitive information. i I City of Southlake values: Integrity♦ Innovation ♦Accountability♦ Commitment to Excellence ♦ Teamwork