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2020-12-01 CC Minutes CITY OF SOUTHLAK.E TEXAS REGULAR CITY COUNCIL MEETING MINUTES DECEMBER 1 2020 LOCATION: 285 Shady Oaks Drive, Southlake, Texas 76092 Legends Hall at The Marq CITY COUNCIL PRESENT: Mayor Laura Hill, Mayor Pro Tem Shawn McCaskill, Deputy Mayor Pro Tem John Huffman, and Councilmembers Kathy Talley, Chad Patton, Ronell Smith, John Huffman and Randy Williamson. STAFF PRESENT: City Manager Shana Yelverton, Assistant City Manager Alison Ortowski, Assistant to the City Manager Lauren LaNeave, Chief Financial Officer Sharen Jackson, Deputy Director of Public Relations Pilar Schank, Police Chief James Brandon, Fire Chief Mike Starr, Director of Human Resources Stacey Black, Director of Economic Development and Tourism Daniel Cortez, Senior Director of Planning and Development Services Ken Baker, Policy and Strategic Initiative Planner Jerod Potts, Director of Community Services Chris Tribble, Director of Public Works Rob Cohen, Assistant City Attorney Cara White, and City Secretary Amy Shelley. WORK SESSION: 1. CALL TO ORDER Work Session was called to order by Mayor Laura Hill 5:34pm. 2. INVOCATION: CLAYTON REED Mr. Clayton Reed provided the invocation. Mayor Laura Hill led the pledges of allegiance to the United States and Texas Flags. 3. DISCUSS ALL ITEMS ON TONIGHT'S AGENDA. NO ACTION WILL BE TAKEN AND EACH ITEM WILL BE CONSIDERED DURING THE REGULAR SESSION. Mayor Hill reviewed the items on the consent agenda. REGULAR SESSION: Immediately following the work session 1. CALL TO ORDER Regular Session was called to order by Mayor Hill at 5:42pm. 2A. EXECUTIVE SESSION REG ULAR CITY CO UNCIL MEETING MINUTES, DECEMBER 1, 2020 Page I of 14 Mayor Hill announced the City Council would go into Executive Session pursuant to the Open Meetings Act, Chapter 551, Texas Government Code, Section 551.071 consultation with city attorney. City Council adjourned for Executive Session at 5:42pm. Executive Session began at 6:00pm and concluded at 6:52pm. 2B. RECONVENE Mayor Hill reconvened the meeting at 7:06pm. 3. REPORTS: 3A. MAYOR'S REPORT 3A1. SOUTHLAKE BUSINESS GRANT PROGRAM Mayor Hill introduced Director of Economic Development and Tourism Daniel Cortez who provided an update on the Southlake Business Grant Program. 3B. 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: 4A. APPROVE MINUTES FROM THE NOVEMBER 17, 2020 SPECIAL CITY COUNCIL MEETING. 4B. APPROVE MINUTES FROM THE NOVEMBER 17, 2020 REGULAR CITY COUNCIL MEETING. 4C. CANCEL THE DECEMBER 15, 2020 CITY COUNCIL MEETING. 4D. APPROVE THE FIRST AMENDMENT TO THE AGREEMENT WITH MUNICIPAL COURT JUDGE CAROL MONTGOMERY TO PROVIDE A MONTHLY CELL PHONE ALLOWANCE. 4E. APPROVE THE PURCHASE OF CISCO WIRELESS ACCESS POINTS, WIRING, AND INSTALLATION FROM PRESIDIO IN AN AMOUNT NOT TO EXCEED $130,000. 4F. APPROVE A FACILITIES UTILIZATION AGREEMENT WITH DRAGON YOUTH FOOTBALL FOR 2021-2022. REGULAR CITY COUNCIL MEETING MINUTES, DECEMBER 1, 2020 Page 2 of 14 4G. APPROVE A FACILITIES UTILIZATION AGREEMENT WITH THE GRAPEVINE SOUTHLAKE SOCCER ASSOCIATION FOR 2021-2022. 4H. APPROVE A FACILITIES UTILIZATION AGREEMENT WITH THE SOUTHLAKE CARROLL LACROSSE ASSOCIATION FOR 2021-2022. 41. APPROVE A FACILITIES UTILIZATION AGREEMENT WITH LADY DRAGON LACROSSE FOR 2021-2022. 4J. AWARD THE CONTRACT FOR THE CONSTRUCTION OF THE WESTPARK CIRCLE, T.W. KING ROAD, AND SH 114 WATER DISTRIBUTION SYSTEM IMPROVEMENTS TO ATKINS BROTHERS EQUIPMENT CO. IN AN AMOUNT NOT TO EXCEED $445,000. 4K. APPROVE AN ARCHITECTURAL/ENGINEERING SERVICES AGREEMENT WITH RPGA DESIGN GROUP, INC. (RPGA) TO PROVIDE DESIGN SERVICES FOR THE SOUTHLAKE MUNICIPAL SERVICE CENTER AN AMOUNT NOT TO EXCEED $2,000,000. 4L. APPROVE AN ENGINEERING SERVICES AGREEMENT (ESA) WITH TEAGUE NALL AND PERKINS, INC. (TNP) TO PROVIDE ENGINEERING DESIGN SERVICES FOR WATER LINE IMPROVEMENTS LOCATED AT EAST HIGHLAND STREET FROM NORTH CARROLL AVENUE TO NORTH KIMBALL AVENUE AN AMOUNT NOT TO EXCEED $199,820. 4M. APPROVE AN INTERLOCAL AGREEMENT (ILA) WITH TARRANT COUNTY FOR THE JOINT RESURFACING OF NORTH CARROLL AVENUE FROM SH 114 TO BURNEY LANE (APPROXIMATELY 9,300 LINEAR FEET). 4N. THIS ITEM LEFT BLANK INTENTIONALLY. 40. REJECT ALL BID PROPOSALS FOR THE KIRKWOOD BOULEVARD ENHANCEMENTS PROJECT. 4P. APPROVE AN ENGINEERING SERVICES AGREEMENT (ESA) WITH HUITT- ZOLLARS, INC, TO PROVIDE ENGINEERING DESIGN SERVICES FOR THE LOWERING OF A 16" WATER MAIN CROSSING NORTH WHITE CHAPEL BOULEVARD IN AN AMOUNT NOT TO EXCEED $65,000. 4Q. APPROVE ZA20-0058, PRELIMINARY PLAT FOR LOTS 1-4, BLOCK A, GMI SOUTHLAKE, ON PROPERTY DESCRIBED AS TRACT 11E, THOMAS EASTER SURVEY ABSTRACT NO. 474, CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS, AND LOCATED AT 2450 CROOKED LANE, SOUTHLAKE, TEXAS. CURRENT ZONING: "S-P-2" GENERALIZED SITE PLAN DISTRICT. SPIN NEIGHBORHOOD #8. REGULAR CITY COUNCIL MEETING MINUTES, DECEMBER 1, 2020 Page 3 of 14 4R. ORDINANCE NO. 480-775, (ZA20-0052), 1ST READING, ZONING CHANGE AND CONCEPT PLAN FOR 2311 LONESOME DOVE RD. ON PROPERTY DESCRIBED AS LOT 1, L. LINCOLN NO. 981 ADDITION, AN ADDITION TO THE CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS AND LOCATED AT 2311 LONESOME DOVE RD., SOUTHLAKE, TEXAS. CURRENT ZONING: "AG" AGRICULTURAL DISTRICT. PROPOSED ZONING: "SF-1A" SINGLE FAMILY RESIDENTIAL DISTRICT. SPIN NEIGHBORHOOD#2. (IF APPROVED, THE PUBLIC HEARING WILL BE HELD AT THE JANUARY 5, 2021 CITY COUNCIL MEETING) 4S. ORDINANCE NO. 480-776, (ZA20-0056), 1ST READING, ZONING CHANGE AND CONCEPT PLAN FOR 1507 E. DOVE RD. ON PROPERTY DESCRIBED AS TRACT 4A5, FRANCIS THROOP SURVEY, ABSTRACT NO. 1511, SOUTHLAKE, TARRANT COUNTY, TEXAS AND LOCATED AT 1507 E. DOVE RD., SOUTHLAKE, TEXAS. THE CONCEPT PLAN ALSO INCLUDES PORTIONS OF TRACTS 3A AND 5D1A, FRANCIS THROOP SURVEY, ABSTRACT NO. 1511, CURRENTLY ZONED "SF-1A" SINGLE FAMILY RESIDENTIAL DISTRICT, ON PROPERTY LOCATED AT 1515 E. DOVE RD. CURRENT ZONING OF TRACT 4A5: "AG" AGRICULTURAL DISTRICT. PROPOSED ZONING OF TRACT 4A5: "SF-1A" SINGLE FAMILY RESIDENTIAL DISTRICT. SPIN NEIGHBORHOOD #4. (IF APPROVED, THE PUBLIC HEARING WILL BE HELD AT THE JANUARY 5, 2021 CITY COUNCIL MEETING) APPROVED - The following persons provided speaker cards relative to Item 4Q: Clay Cristy, applicant, support. Bobby G. Struempler, 700 Whispering Wood Cir, Southlake, opposed. Motion was made to approve the Consent Agenda Items 4A-4S, as written. Motion: McCaskill Second: Huffman Ayes: Talley, McCaskill, Patton, Hill, Smith, Huffman, Williamson Approved: 7-0 REGULAR AGENDA: 5. PUBLIC FORUM Mayor Hill opened the public forum at 7:18pm. Katrina Titze, 208 Teakwood Lane, Lewisville, spoke about equal protection and the Southlake Police Department. There being no one else wishing to speak, Mayor Hill closed the public forum at 7:23pm. REGULAR CITY COUNCIL MEETING MINUTES, DECEMBER 1, 2020 Page 4 of 14 The following items were not held in order as they appeared on the agenda. The public hearing times are reflective of the actual times each item was heard. Mayor Hill recessed the meeting at 9:48pm for a short break, and reconvened the meeting at 9:55pm. 6. ORDINANCES, SECOND READINGS, PUBLIC HEARINGS, AND RELATED ITEMS: 6A. ORDINANCE NO.1237, 2ND READING, ABANDONING A PORTION OF A DRAINAGE EASEMENT ON LOT 4, BLOCK 1, KIRKWOOD HOLLOW PHASE II, AN ADDITION TO THE CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS, BEING LOCATED AT 512 ROUND HOLLOW LANE. PUBLIC HEARING APPROVED Director of Public Works Rob Cohen presented Item 6A and answered questions from Council. Mayor Hill opened the public hearing at 9:44pm. There being no one wishing to speak, Mayor Hill closed the public hearing at 9:44pm. Motion was made to approve Item 6A, Ordinance No.1237, 2nd reading, abandoning a portion of a drainage easement on Lot 4, Block 1, Kirkwood Hollow Phase II, an addition to the City of Southlake, Tarrant County, Texas, being located at 512 Round Hollow Lane, subject to the Staff Report dated December 1, 2020, and noting: - On August 9, 2000, a drainage easement in the rear yard of the lots adjacent to the South Fork of the Kirkwood Branch was granted to the City of Southlake. The homeowners are requesting that the City abandon a portion of the easement, and requested Cumulus Design, LLC, a civil engineering firm, to provide a drainage study to determine whether the existing drainage easement was larger than necessary. It was determined that the boundaries of the drainage easement were greater than required. The existing drainage easement is wider than the existing flood plain and, based on the results of a drainage assessment performed by the resident's consultant, will remain wider than the flood plain once the subject portion of the easement is abandoned. Motion: McCaskill Second: Huffman Ayes: Talley, McCaskill, Patton, Hill, Smith, Huffman, Williamson Approved: 7-0 In accordance with Section 4.21 of the City Charter, the caption for this item is listed as follows: ORDINANCE NO. 1237 AN ORDINANCE VACATING AND ABANDONING A PORTION OF AN EASEMENT ON LOT 4, BLOCK 1 OF THE J. B. MARTIN SURVEY ABSTRACT NO. 1134 OF THE REGULAR CITY COUNCIL MEETING MINUTES, DECEMBER 1, 2020 Page 5 of 14 TARRANT COUNTY RECORDS, LOCATED IN THE CITY OF SOUTHLAKE; DECLARING THAT A PORTION OF SUCH EASEMENT IS UNNECESSARY FOR USE BY THE PUBLIC; AUTHORIZING THE MAYOR TO EXECUTE QUITCLAIM DEEDS RELEASING PUBLIC INTEREST OF THESE EASEMENTS; PROVIDING A SEVERABILTY CLAUSE, AND PROVIDING AN EFFECTIVE DATE. 6B. ORDINANCE NO.1238, 2ND READING, ABANDONING A PORTION OF A WATER EASEMENT ON LOT 20R, BLOCK 1, H. GRANBERRY NO 581 ADDITION, AN ADDITION TO THE CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS, BEING LOCATED AT 191 W. SOUTHLAKE BLVD. PUBLIC HEARING APPROVED Director of Public Works Rob Cohen presented Item 6B and answered questions from Council. Mayor Hill opened the public hearing at 9:46pm. There being no one wishing to speak, Mayor Hill closed the public hearing at 9:46pm. Motion was made to approve Item 6B, Ordinance No.1238, 2nd reading, abandoning a portion of a water easement on Lot 20R, Block 1, H. Granberry No 581 Addition, an addition to the City of Southlake, Tarrant County, Texas, being located at 191 W. Southlake Blvd., subject to the Staff Report dated December 1, 2020, and noting: - On August 23, 2019, a 15-ft water line easement on a 3.4175-acre tract of land was granted to the City of Southlake and was designated for a fire line, and domestic and irrigation water meters. The developer is requesting that a 5-sf. area of the water line easement be abandoned so that the adjacent building foundation no longer encroaches on the easement. The easement area to be abandoned does not contain City infrastructure and will not affect access to City infrastructure. Motion: McCaskill Second: Huffman Ayes: Talley, McCaskill, Patton, Hill, Smith, Huffman, Williamson Approved: 7-0 In accordance with Section 4.21 of the City Charter, the caption for this item is listed as follows: ORDINANCE NO. 1238 AN ORDINANCE VACATING AND ABANDONING FIVE SQUARE FEET OF AN EASEMENT ON LOT 20R, BLOCK 1 OF THE H. GRANBERRY SURVEY ABSTRACT NO. 581 OF THE TARRANT COUNTY RECORDS, LOCATED IN THE CITY OF SOUTHLAKE; DECLARING THAT FIVE SQUARE FEET OF SUCH EASEMENT IS UNNECESSARY FOR USE BY THE PUBLIC, AUTHORIZING THE MAYOR TO EXECUTE QUITCLAIM DEEDS RELEASING PUBLIC INTEREST OF THESE EASEMENTS; PROVIDING A SEVERABILTY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. REGULAR CITY COUNCIL MEETING MINUTES, DECEMBER 1, 2020 Page 6 of 14 6C. ORDINANCE NO. 480-774, (ZA20-0045), 2ND READING, ZONING CHANGE AND CONCEPT PLAN FOR LOTS 25 AND 26, O.W. KNIGHT NO. 899 ADDITION ON PROPERTY DESCRIBED AS TRACT 6C, OBEDIAH W. KNIGHT SURVEY, ABSTRACT NO. 899, SOUTHLAKE, TARRANT COUNTY, TEXAS AND TRACT 1A5B, J.W. HALE SURVEY, ABSTRACT NO. 803, SOUTHLAKE, TARRANT COUNTY, TEXAS, AND LOCATED AT 1000 BREEZE WAY, SOUTHLAKE, TEXAS. CURRENT ZONING: "AG" AGRICULTURAL DISTRICT. PROPOSED ZONING: "SF-20A" SINGLE FAMILY RESIDENTIAL DISTRICT. SPIN NEIGHBORHOOD #9. PUBLIC HEARING APPROVED Senior Director of Planning and Development Services Ken Baker presented Item 6C and answered questions from Council. Mayor Hill opened the public hearing at 9:56pm. There being no one wishing to speak, Mayor Hill closed the public hearing at 9:57pm. Motion was made to approve Item 6C, Ordinance No. 480-774, (ZA20-0045), 2nd Reading, Zoning Change and Concept Plan for Lots 25 and 26, O.W. Knight No. 899 Addition on property described as Tract 6C, Obediah W. Knight Survey, Abstract No. 899, Southlake, Tarrant County, Texas and Tract 1A5B, J.W. Hale Survey, Abstract No. 803, Southlake, Tarrant County, Texas, and located at 1000 Breeze Way, subject to Staff Report dated November 23, 2020, and Revised Concept Plan Review Summary No. 3 dated November 20, 2020, and granting the following- - A variance to sidewalk/trail requirement (zoning ordinance 480, section 33.19 and subdivision ordinance 483, section 5.06) and removing the requirement for the 8' multiuse trail to be installed. Also noting: - The revised concept plan presented this evening which 13 red cedar trees (15 gal.) planted along the west property line. Also noting that the existing wrought iron fence will remain along this same west property line. Motion: McCaskill Second: Huffman Ayes: Talley, McCaskill, Patton, Hill, Smith, Huffman, Williamson Approved: 7-0 In accordance with Section 4.21 of the City Charter, the caption for this item is listed as follows: ORDINANCE NO. 480-774 AN ORDINANCE AMENDING ORDINANCE NO. 480, AS AMENDED, THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF SOUTHLAKE, TEXAS; GRANTING A ZONING CHANGE ON A CERTAIN TRACT OR TRACTS OF LAND WITHIN THE CITY OF SOUTHLAKE, TEXAS BEING DESCRIBED AS TRACT 6C, REGULAR CITY COUNCIL MEETING MINUTES, DECEMBER 1, 2020 Page 7 of 14 OBEDIAH W. KNIGHT SURVEY, ABSTRACT NO. 899, SOUTHLAKE, TARRANT COUNTY, TEXAS AND TRACT 1A5B, J.W. HALE SURVEY, ABSTRACT NO. 803, SOUTHLAKE, TARRANT COUNTY, TEXAS, BEING APPROXIMATELY 1.030 ACRES, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "AG" AGRICULTURAL DISTRICT TO "SF-20A" SINGLE FAMILY RESIDENTIAL DISTRICT AS DEPICTED ON THE APPROVED CONCEPT PLAN ATTACHED HERETO AND INCORPORATED HEREIN AS EXHIBIT "B", SUBJECT TO THE SPECIFIC REQUIREMENTS CONTAINED IN THIS ORDINANCE; CORRECTING THE OFFICIAL ZONING MAP; PRESERVING ALL OTHER PORTIONS OF THE ZONING ORDINANCE; DETERMINING THAT THE PUBLIC INTEREST, MORALS AND GENERAL WELFARE DEMAND THE ZONING CHANGES AND AMENDMENTS HEREIN MADE; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY FOR VIOLATIONS HEREOF; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE. 6D. ORDINANCE NO. 480-773 (ZA20-0049), 2ND READING, ZONING CHANGE AND DEVELOPMENT PLAN FOR THE CONSERVATION ON PROPERTY DESCRIBED AS LOT 10, BLOCK 2, HARBOR OAKS SUBDIVISION, AN ADDITION TO THE CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS, AND TRACT 5, REES D. PRICE SURVEY, ABSTRACT NO. 1207, SOUTHLAKE, TEXAS AND LOCATED AT 2970 BURNEY LANE AND 3185 SOUTHLAKE PARK DR., SOUTHLAKE, TEXAS. CURRENT ZONING: "AG"AGRICULTURAL DISTRICT AND "SF-1A" SINGLE-FAMILY RESIDENTIAL DISTRICT. PROPOSED ZONING: "R-PUD" RESIDENTIAL PLANNED UNIT DEVELOPMENT DISTRICT. SPIN NEIGHBORHOOD #2. PUBLIC HEARING APPROVED Senior Director of Planning and Development Services Ken Baker presented Item 6D and answered questions from Council. Mayor Hill opened the public hearing at 811 pm. The following persons spoke in opposition to this request: Rod Zieltre, 1090 Burney Lane Shawn & Molly Brown, 2980 Burney Lane Mary Van Zandt, 2965 Burney Lane Amy Newby, 2885 Burney Lane Graham & Kay Johnson, 2940 Burney Lane Jack & Rose Fredricks, 2960 Burney Lane Kathleen Carrabine, 961 Thousand Oaks Court The following persons did not wish to speak, but wished to register their opposition to this request: John Monrad, 2905 Burney Lane REGULAR CITY COUNCIL MEETING MINUTES, DECEMBER 1, 2020 Page 8 of 14 Julia Stantic, 2895 Burney Lane Hans Schroen, 2895 Burney Lane Boa Wilson, 2930 Burney Lane Xavier, Arturo & Elena Soto, 1065 Harbor Haven Street Barbara Auyang, 1065 Harbor Haven Street Steve & Cathy Curtis, 3580 Burney Lane Larry & Patti Brayton, 3020 Burney Lane Martin Newby, 2885 Burney Lane Shinsoo & Mia Choo, 1105 Harbor Haven Jim Galis, 885 Harbor Court Jay Hartman, 3540 Carmel Court Michelle Lonergan, 2875 Burney Lane Ken & Gloria Land, 2900 Burney Lane Ray & Dinah Chancellor, 890 Harbor Court Darin & Michele Winn, 2950 Burney Lane Brett & Heidi Leedy, 2920 Harbor Refuge Street Carlotta Petersen, 1064 Harbor Retreat Dan McDowell, 961 Thousand Oaks Court Terry & Judith Sauder, 1090 Harbor Haven Street The following persons spoke in support of this request: Dan Combe, 339 W. Highland Street Errol Housmans, 2970 Burney Lane Dennis King, no address provided The following persons did not wish to speak, but wished to register their support of this request: James Cook, Southlake Jim Koch, 2105 Brandes, Richardson There being no one else wishing to speak, Mayor Hill closed the public hearing at 8:51 pm. Motion was made to approve Item 6D, Ordinance No. 480-773 (ZA20-0049), 2"d Reading, Zoning Change and Development Plan for The Conservation on property described as Lot 10, Block 2, Harbor Oaks Subdivision, an addition to the City of Southlake, Tarrant County, Texas, and Tract 5, Rees D. Price Survey, Abstract No. 1207, Southlake, Texas and located at 2970 Burney Lane and 3185 Southlake Park Dr., subject to Staff Report dated November 23, 2020, and Site Plan Summary No. 5 dated November 23, 2020, and noting the following- - Approval is for 8 residential lots on approximately 13.1 acres. - The access easement/street is to be non-gated, open to public traffic, but privately maintained by the homeowner's association. - Approving of Development Plan Option B, which shows the access easement/street access from Burney Lane on the north side of Lot 10, Block 2 of Harbor Oaks. Also noting a PUD regulation is added to allow the length of the cul-de-sac to exceed of 1,000 ft. REGULAR CITY COUNCIL MEETING MINUTES, DECEMBER 1, 2020 Page 9 of 14 - At a minimum, the cross section of first 50' of the neighborhood access easement/street from the Burney Lane intersection will be designed as a typical rural road cross-section with a bar ditch, meaning no street curbs or gutters — reference on the development plan. As the road proceeds west, the road cross section will transition back into a typical urban street cross section with curb and gutter. - No street lights will be installed as part of the construction of the neighborhood. - All homes with be equipped with a fire suppression "sprinkler" system. - The approved plat will indicate a public pedestrian/equestrian access easement along the neighborhood street as well as along the 6` trail located on Lot 2 that leads into the Army Corp of Engineer property. - There will be no living tree removal, construction or fencing allowed in the identified open space and wildlife easement. - Approval of the all modifications, plans and exhibits contained in the staff report dated November 23, 2020. - If, in the construction of the road, grading or drainage associated with the Access Easement, any damage occurs to trees on the adjacent Lot 9, Block 2 of Harbor Oaks leading to the death of those trees, such trees with be replaced, inch for inch, with quality Red, Bur or Live Oak trees. - Fencing along Burney Lane, Lot 10, Block 2 will be replaced with wrought iron, but no masonry columns. - Fencing shall be provided as shown on the submitted wall and fence diagram for Lots 1-7. Additional side, rear and front yard fencing is permitted, limiting the fencing to wrought iron or pipe rail. - No storage of construction equipment or parking of vehicles during construction within 100' of Burney Lane. - Council's approval is conditional upon the approval from the Army Corp of Engineers regarding the roadway crossing over the flowage easement, which the applicant shall provide to the Planning and Develoment Services Department. - No disturbance on the property shall be permitted or undertaken on the property until such approval is provided to the Planning and Development Services Department. (Applicant has agreed to this condition.) - The new road will be moving through the Housman property, Lot 10, Block 2, to the south by 40' as indicated in the staff report with an easement provided with no construction or structures between the Brown property and the new road. - The applicant will work with City staff on an administrative approval screening to account for headlights in the direction of Ms. Van Zandt's property. - The relocation of the curb stop for the mail kiosk and mail boxes will be moved to the new access road from Burney Lane on Lot 10, Block 2, and this is an exception to the easement provided above. Motion: McCaskill Second: Huffman Ayes: Talley, McCaskill, Patton, Hill, Smith, Huffman, Williamson Approved: 7-0 In accordance with Section 4.21 of the City Charter, the caption for this item is listed as follows: REGULAR CITY COUNCIL MEETING MINUTES, DECEMBER 1, 2020 Page 10 of 14 ORDINANCE NO. 480-773 AN ORDINANCE AMENDING ORDINANCE NO. 480, AS AMENDED, THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF SOUTHLAKE, TEXAS; GRANTING A ZONING CHANGE ON A CERTAIN TRACT OR TRACTS OF LAND WITHIN THE CITY OF SOUTHLAKE, TEXAS BEING LEGALLY DESCRIBED AS LOT 10, BLOCK 2, HARBOR OAKS SUBDIVISION, AND TRACT 5, REES D. PRICE SURVEY, ABSTRACT NO. 1207, SOUTHLAKE, TEXAS AND ADDRESSED AS 2970 BURNEY LANE AND 3185 SOUTHLAKE PARK DR., CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS, BEING APPROXIMATELY 13.1 ACRES AND BEING MORE PARTICULARLY DESCRIBED IN EXHIBIT "A" FROM "AG"AGRICULTURAL DISTRICT AND "SF-1A" SINGLE-FAMILY RESIDENTIAL DISTRICT TO "R-PUD" RESIDENTIAL PLANNED UNIT DEVELOPMENT DISTRICT, AS DEPICTED ON THE APPROVED DEVELOPMENT PLAN ATTACHED HERETO AND INCORPORATED HEREIN AS EXHIBIT "B", SUBJECT TO THE SPECIFIC REQUIREMENTS CONTAINED IN THIS ORDINANCE; CORRECTING THE OFFICIAL ZONING MAP; PRESERVING ALL OTHER PORTIONS OF THE ZONING ORDINANCE; DETERMINING THAT THE PUBLIC INTEREST, MORALS AND GENERAL WELFARE DEMAND THE ZONING CHANGES AND AMENDMENTS HEREIN MADE; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY FOR VIOLATIONS HEREOF; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE. 6E. APPROVE ORDINANCE NO. 1235A, 2ND READING, APPROVING AND ADOPTING THE REVISED ANNUAL BUDGET FOR FISCAL YEAR 2021. PUBLIC HEARING APPROVED Chief Financial Officer Sharen Jackson presented Item 6E and answered questions from Council. Mayor Hill opened the public hearing at 10:24pm. There being no one wishing to speak, Mayor Hill closed the public hearing at 10:24pm. Motion was made to approve Item 6E, Ordinance No. 1235A, 2nd Reading, Approving and adopting the revised Annual Budget for Fiscal Year 2021. Motion: McCaskill Second: Huffman Ayes: Talley, McCaskill, Patton, Hill, Smith, Huffman, Williamson Approved: 7-0 In accordance with Section 4.21 of the City Charter, the caption for this item is listed as follows: ORDINANCE NO. 1235A REGULAR CITY COUNCIL MEETING MINUTES, DECEMBER 1, 2020 Page 11 of 14 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS, REVISING THE BUDGET FIGURES FOR FISCAL YEAR 2021, BEGINNING OCTOBER 1, 2020, AND TERMINATING SEPTEMBER 30, 2021, AND MAKING APPROPRIATIONS FOR EACH DEPARTMENT, PROJECT AND ACCOUNT; REPEALING CONFLICTING ORDINANCES; PROVIDING A SAVINGS AND SEVERABILITY CLAUSE; AND DECLARING AN EFFECTIVE DATE. 7. ORDINANCES, FIRST READINGS, AND RELATED ITEMS: 7A. ORDINANCE NO. 480-740, (ZA18-006), IST READING, ZONING CHANGE AND CONCEPT/SITE PLAN FOR CREEKSIDE POINT (FORMERLY KNOWN AS SOUTHWEST MEADOWS) ON PROPERTY DESCRIBED AS LOT 1 R1 R2, BLOCK 1, SABRE GROUP CAMPUS ADDITION, AN ADDITION TO THE CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS AND LOCATED AT 1901 W. KIRKWOOD BLVD., SOUTHLAKE, TEXAS. CURRENT ZONING: "NR -PUD" NON-RESIDENTIAL PLANNED UNIT DEVELOPMENT DISTRICT. PROPOSED ZONING: "S-P-2" GENERALIZED SITE PLAN DISTRICT. SPIN NEIGHBORHOOD #1. APPROVED TO TABLE TO JANUARY 5, 2021 Senior Director of Planning and Development Services Ken Baker presented Item 7A and answered questions from Council. The following persons provided speaker cards in opposition to this request: Carlotta Petersen, 1064 Harbor Retreat Amy Hakert, 2910 Burney Lane Greg Herman, 855 Harbor Court At the request of the applicant, a motion was made to table Item 7A, Ordinance No. 480- 740, (ZA18-006), 1 st Reading, Zoning Change and Concept/Site Plan for Creekside Point (formerly known as Southwest Meadows) on property described As Lot 1 R1 R2, Block 1, Sabre Group Campus Addition, an addition to the City of Southlake, Tarrant County, Texas and located at 1901 W. Kirkwood Blvd. Motion: McCaskill Second: Huffman Ayes: Talley, McCaskill, Patton, Hill, Smith, Huffman, Williamson Approved: 7-0 8. RESOLUTIONS: 8A. CONSIDER THE USE OF EMINENT DOMAIN TO CONDEMN PROPERTY AND CONSIDER RESOLUTION NO. 20-054 AUTHORIZING THE FILING OF EMINENT DOMAIN PROCEEDINGS FOR THE PURPOSE OF ACQUIRING FEE SIMPLE TITLE IN AND TO AN APPROXIMATE 1,414 SQUARE FOOT RIGHT- OF-WAY FROM THE FM 1938 CORRIDOR FOR THE CONSTRUCTION OF REGULAR CITY COUNCIL MEETING MINUTES, DECEMBER 1, 2020 Page 12 of 14 ROADWAY IMPROVEMENTS TO PROVIDE PUBLIC ACCESS TO DAVIS BOULEVARD (FM 1938) AND FOR OTHER PUBLIC PURPOSES PERMITTED BY LAW. APPROVED Senior Director of Planning and Development Services Ken Baker presented Item 8A and answered questions from Council. Motion was made to approve Item 8A, Consider the use of eminent domain to condemn property and consider Resolution No. 20-054 authorizing the filing of eminent domain proceedings for the purpose of acquiring fee simple title in and to an approximate 1,414 square foot right-of-way from the FM 1938 corridor for the construction of roadway improvements to provide public access to Davis Boulevard (FM 1938) and for other public purposes permitted by law, subject to Staff Report dated December 1, 2020, and noting the following: -That the City Council of the City of Southlake authorize the use of the power of eminent domain to acquire an approximate 1,414 square foot parcel of property located in the William H. Martin Survey, Abstract No. 1068 ,Town of Westlake, Tarrant County, Texas, more fully described in Exhibit A to Resolution No. 20-054, as presented, for public use as right-of-way for the construction of roadway improvements to provide public access to Davis Boulevard (FM 1938) and for other public purposes permitted by law, and I further move to adopt Resolution No. 20-054, as presented. Also noting the revised staff report and resolution dated December 1, 2020 provided to the City Council this evening will replace the staff report and resolution provided in the City Council packet. Motion: McCaskill Second: Huffman Ayes: Talley, McCaskill, Patton, Hill, Smith, Huffman, Williamson Approved: 7-0 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. ADJOURNMENT Mayor Hill adjourned the meeting at 10:27pm. *An audio recording of this meeting will be permanently retained in the City Secretary's Office. MINUTES APPROVED ON THIS, THE 17TH DAY OF NOVEMBER 2020. REGULAR CITY COUNCIL MEETING MINUTES, DECEMBER 1, 2020 Page 13 of 14 I jr 510VA Laura ill Mayor ATTEST: ,YYYYYIItlill rr. Ucrprjc� -Sl�elle 'T-RiIICa m D�pu�� City Secretar 0• ?�� ' � °c REGULAR CITYCOUNCIL MEETING MINUTES, DECEMBER 1, 2020 Page 14 of'14