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2024-03-05 Regular CC MeetingCITY OF SOUTHLAKE TEXAS REGULAR CITY COUNCIL MEETING AGENDA MARCH 5,202 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. The 11t" Annual Bobbyfest and Amy's Wish with Wings 4. Solar Eclipse Viewing Party 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 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 meeting that a need arises for the City Council to seek advice from the city attorney as to the posted subject matter of this City Council meeting. 1. Section 551.071: Consultation with city attorney. a. Seek advice of the city attorney regarding legal issues related to legislative items. b. Seek advice of the city attorney regarding the Jones Branch sewer easements. c. Seek advice of the city attorney regarding a Notice of Claim for 1100 Raven Bend Court. d. Seek advice of the city attorney regarding the public hearing notification process. B. Reconvene: Action necessary on items discussed in Executive Session. 3. REPORTS: City of Southlake values. - Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork City of Southlake City Council meeting agenda March 5, 2024 Page 2 of 5 A. Mayor's Report B. City Manager's Report 1. ISO Program & Highlights 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 February 20, 2024, Regular City Council meeting. B. Excuse the absence of Mayor John Huffman from the March 5, 2024, Regular City Council meeting. C. Approve Resolution No. 24-008, certifying unopposed candidates for the May 4, 2024, General and Special Elections. D. Approve Resolution No. 24-009, cancelling the May 4, 2024, General and Special Elections. E. Approve an Encroachment and Joint Use Agreement for a wood and iron fence within the drainage easement being located at 1165 E Dove Road. F. TABLE: Ordinance No. 1269-13, CP24-0001, 1st Reading, Amendment to the City of Southlake Consolidated Future Land Use Plan, an Element of the Southlake Comprehensive Plan for The Overlook, for property described as a portion of Tract 3C, W.W. Hall Survey Abstract 695, City of Southlake, Tarrant County, Texas and located at 240 N. Carroll Avenue, Southlake, Texas. Current Zoning: "AG" Agricultural District. SPIN Neighborhood #7. (This item was tabled at the March 5, 2024, City Council meeting. Pending 1st Reading action, the public hearing will be held on April 2, 2024.) G. TABLE: Ordinance No. 480-810, ZA23-0072, 1st Reading, Zoning Change and Development Plan for The Overlook and WillowTree Gardens, for property described as Tracts 3C, and portions of Tracts 3D03, and 3D03A, W.W. Hall Survey Abstract 695, City of Southlake, Tarrant County, Texas and located at 240 N. Carroll Avenue, Southlake, Texas. Current Zoning: "AG" Agricultural District and "SF-1X Single Family Residential District. Proposed Zoning: "TZD" Transitional Zoning District. SPIN Neighborhood #7. (This item was tabled at the March 5, 2024, City Council meeting. Pending 1 st Reading action, the public hearing will be held on April 2, 2024.) City of Southlake values: Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork City of Southlake City Council meeting agenda March 5, 2024 Page 3 of 5 H. Approve Resolution No. 24-010, supporting the FY 2025 Appropriations Requests to the Office of United States Representative Beth Van Duyne. Excuse the absence of Planning and Zoning Commissioner Austin Reynolds from the March 7, 2024, Regular Planning and Zoning Commission meeting. REGULAR AGENDA: 5. Public Forum. (The Public Forum will not begin priorto 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. Ordinance No. 480-811, ZA24-0001, 2nd Reading, Zoning Change and Concept Plan for 974 W. Dove, for property described as Lot 1 R2, R.P. Estes Subdivision, an addition to the City of Southlake, Tarrant County, Texas, and located at 974 W Dove Road, Southlake, Texas. Current Zoning: "AG" Agricultural District. Proposed Zoning: "SF-2" Single Family Zoning District. SPIN Neighborhood #5. PUBLIC HEARING 7. Ordinances, first readings, and related items: (There are no items on this agenda.) 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. Adjournment CERTIFICATE I hereby certify that the above agenda was posted on the official bulletin boards at Town Hall, 1400 Main Street, Sou�h��ke, Texas, on Friday, March 1, 2024, by 5:00 p.m., r uant to the Texas G�adVrome,4 .de, Chapter 551. o ;�� A PYI eley,Cit etary If you plan to attend this pu% m'eetivg.artd him a disability that requires special needs, please advise the City Secretary's Office 48 h06jifAd*ance7-748-8016 and reasonable accommodations will be made to assist you. '""""W City of Southlake values: Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork City of Southlake City Council meeting agenda March 5, 2024 Page 4 of 5 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. Michael Fisher et al v. City of Southlake et al; Civil Action No. 4:23-cv-01102-0. 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 regardinq security devices. The City Council may deliberate the deployment, or specific occasions for implementation of security personnel or devices. 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 551.089: Deliberation regarding security devices or security audits. The City Council may discuss or deliberate regarding security assessments or deployments relating to information resources technology; network security information as described by Section 2059.055(b); the deployment, or specific occasions for implementation, of security personnel, critical infrastructure, or security devices; or results of security audits. 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 City of Southlake values: Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork City of Southlake City Council meeting agenda March 5, 2024 Page 5 of 5 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 CITY OF SOUTHLAKE TEXAS REGULAR CITY COUNCIL MEETING MINUTES MARCH 5, 2024 LOCATION: 1400 Main Street, Southlake, Texas 76092 Council Chambers in Town Hall CITY COUNCIL PRESENT: Mayor Pro Tern Shawn McCaskill, Deputy Mayor Pro Tem Kathy Talley, and Councilmembers Ronell Smith, Amy Torres-Lepp, and Randy Williamson CITY COUNCIL ABSENT: Mayor John Huffman and Councilmember Randy Robbins STAFF PRESENT: City Manager Alison Ortowski, Assistant to the City Manager Major Youngblood, Senior Director of Human Resources Stacey Black, Director of Communications Pilar Schank, Chief Financial Officer Sharen Jackson, Police Chief James Brandon, Fire Chief Mike Starr, Director of Community Services David Miller, Operations Manager, Customer Service Melody Anderson, Management Assistant Bora Sulollari, Director of Economic Development and Tourism Daniel Cortez, Director of Planning and Development Services Dennis Killough, Director of Public Works Rob Cohen, City Attorney Cara White, and City Secretary Amy Shelley. WORK SESSION: 1. CALL TO ORDER Work Session was called to order by Mayor Pro Tem Shawn McCaskill at 5:37pm. 2. INVOCATION: CLAYTON REED Mr. Clayton Reed provided the invocation. Mayor Pro Tern McCaskill led the pledges of allegiance to the United States and Texas Flags. 3. THE 11TH ANNUAL BOBBYFEST AND AMY'S WISH WITH WINGS Ms. Doreen Bruton introduced Zachary McMillan who spoke about the 11th Annual Bobbyfest scheduled for Saturday, April 6, 2024, at The Marg. 4. SOLAR ECLIPSE VIEWING PARTY Director of Economic Development and Tourism Daniel Cortez provided an overview of the City's plans for the upcoming solar eclipse. REGULAR CITY COUNCIL MEETING MINUTES, MARCH 5, 2024 Page 1 qf 6 5. DISCUSS ALL ITEMS ON TONIGHT'S AGENDA. NO ACTION WILL BE TAKEN AND EACH ITEM WILL BE CONSIDERED DURING THE REGULAR SESSION. Mayor Pro Tern McCaskill 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 Pro Tern McCaskill at 6:01pm. 2A. EXECUTIVE SESSION Mayor Pro Tern McCaskill 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 6:01pm. Executive Session began at 6:10pm and concluded at 6:40pm. 2B. RECONVENE Mayor Pro Tern McCaskill reconvened the meeting at 6:47pm. 3. REPORTS: 3A. MAYOR'S REPORT 3B. CITY MANAGER'S REPORT 3B1. ISO PROGRAM & HIGHLIGHTS City Manager Alison Ortowski invited Fire Chief Mike Starr who introduced Deputy Fire Chief Jeremy Wilson to discuss the ISO Program and Highlights. 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 FEBRUARY 20, 2024, REGULAR CITY COUNCIL MEETING. 4B. EXCUSE THE ABSENCE OF MAYOR JOHN HUFFMAN FROM THE MARCH 5, 2024, REGULAR CITY COUNCIL MEETING. 4C. APPROVE RESOLUTION NO. 24-008, CERTIFYING UNOPPOSED CANDIDATES FOR THE MAY 4, 2024, GENERAL AND SPECIAL ELECTIONS. REGULAR CITY COUNCIL MEETING MINUTES, MARCH 5, 2024 Page 2 of 6 4D. APPROVE RESOLUTION NO. 24-009, CANCELLING THE MAY 4, 2024, GENERAL AND SPECIAL ELECTIONS. 4E. APPROVE AN ENCROACHMENT AND JOINT USE AGREEMENT FOR A WOOD AND IRON FENCE WITHIN THE DRAINAGE EASEMENT BEING LOCATED AT 1165 E DOVE ROAD. 4F. TABLE: ORDINANCE NO. 1269-B, CP24-0001, 1ST READING, AMENDMENT TO THE CITY OF SOUTHLAKE CONSOLIDATED FUTURE LAND USE PLAN, AN ELEMENT OF THE SOUTHLAKE COMPREHENSIVE PLAN FOR THE OVERLOOK, FOR PROPERTY DESCRIBED AS A PORTION OF TRACT 3C, W.W. HALL SURVEY ABSTRACT 695, CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS AND LOCATED AT 240 N. CARROLL AVENUE, SOUTHLAKE, TEXAS. CURRENT ZONING: "AG" AGRICULTURAL DISTRICT. SPIN NEIGHBORHOOD #7. (THIS ITEM WAS TABLED AT THE MARCH 5, 2024, CITY COUNCIL MEETING. PENDING 1ST READING ACTION, THE PUBLIC HEARING WILL BE HELD ON APRIL 2, 2024.) 4G. TABLE: ORDINANCE NO. 480-810, ZA23-0072, 1ST READING, ZONING CHANGE AND DEVELOPMENT PLAN FOR THE OVERLOOK AND WILLOWTREE GARDENS, FOR PROPERTY DESCRIBED AS TRACTS 3C, AND PORTIONS OF TRACTS 3D03, AND 3D03A, W.W. HALL SURVEY ABSTRACT 695, CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS AND LOCATED AT 240 N. CARROLL AVENUE, SOUTHLAKE, TEXAS. CURRENT ZONING: "AG" AGRICULTURAL DISTRICT AND "SF-1A" SINGLE FAMILY RESIDENTIAL DISTRICT. PROPOSED ZONING: "TZD" TRANSITIONAL ZONING DISTRICT. SPIN NEIGHBORHOOD #7. (THIS ITEM WAS TABLED AT THE MARCH 5, 2024, CITY COUNCIL MEETING. PENDING 1ST READING ACTION, THE PUBLIC HEARING WILL BE HELD ON APRIL 2, 2024.) 4H. APPROVE RESOLUTION NO. 24-010, SUPPORTING THE FY 2025 APPROPRIATIONS REQUESTS TO THE OFFICE OF UNITED STATES REPRESENTATIVE BETH VAN DUYNE. 41. EXCUSE THE ABSENCE OF PLANNING AND ZONING COMMISSIONER AUSTIN REYNOLDS FROM THE MARCH 7, 2024, REGULAR PLANNING AND ZONING COMMISSION MEETING. APPROVED Motion was made to approve Consent Items 4A-4I, as written, noting the following: - Item 4C: o Approving Resolution No. 24-008, certifying unopposed candidates for the May 4, 2024, General and Special Elections. REGULAR CITY COUNCIL MEETING MINUTES, MARCH 5, 2024 Page 3 016 o The unopposed candidates are as follows: Mayor-elect Shawn McCaskill, Councilmember-elect Place 2, Randy Robbins, and Councilmember-elect Place 3, Frances Scharli.Item 7B: - Item 4D: o Approving Resolution No. 24-009, cancelling the May 4, 2024, General and Special Elections. - Item 4F: o TABLE: Ordinance No. 1269-B, CP24-0001, 1st Reading, Amendment to the City of Southlake Consolidated Future Land Use Plan, an Element of the Southlake Comprehensive Plan for The Overlook, for property described as a portion of Tract 3C, W.W. Hall Survey Abstract 695, City of Southlake, Tarrant County, Texas and located at 240 N. Carroll Avenue, Southlake, Texas. Current Zoning: "AG" Agricultural District. SPIN Neighborhood #7. (This item was tabled at the March 5, 2024, City Council meeting. Pending 1st Reading action, the public hearing will be held on April 2, 2024.) - Item 4G: o TABLE: Ordinance No. 480-810, ZA23-0072, 1st Reading, Zoning Change and Development Plan for The Overlook and WillowTree Gardens, for property described as Tracts 3C, and portions of Tracts 3D03, and 3D03A, W.W. Hall Survey Abstract 695, City of Southlake, Tarrant County, Texas and located at 240 N. Carroll Avenue, Southlake, Texas. Current Zoning: "AG" Agricultural District and "SF-1A" Single Family Residential District. Proposed Zoning: "TZD" Transitional Zoning District. SPIN Neighborhood #7. (This item was tabled at the March 5, 2024, City Council meeting. Pending 1st Reading action, the public hearing will be held on April 2, 2024.) Motion: Talley Second: Smith Ayes: Talley, McCaskill, Smith, Torres-Lepp, Williamson Nays: None Absent: Huffman, Robbins Approved: 5-0 REGULAR AGENDA: 5. PUBLIC FORUM Mayor Pro Tem McCaskill opened the public forum at 7:04pm. Robert Lee, 850 Wild Wood Lane, spoke about relief from the City's fire sprinkler ordinance. There being no one else wishing to speak, Mayor Pro Tem McCaskill closed the public forum at 7:04pm. REGULAR CITY COUNCIL MEETING MINUTES, MARCH 5, 202-1 Page 4of6 6. ORDINANCES, SECOND READINGS, PUBLIC HEARINGS, AND RELATED ITEMS: 6A. ORDINANCE NO. 480-811, ZA24-0001, 2ND READING, ZONING CHANGE AND CONCEPT PLAN FOR 974 W. DOVE, FOR PROPERTY DESCRIBED AS LOT 1R2, R.P. ESTES SUBDIVISION, AN ADDITION TO THE CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS, AND LOCATED AT 974 W DOVE ROAD, SOUTHLAKE, TEXAS. CURRENT ZONING: "AG" AGRICULTURAL DISTRICT. PROPOSED ZONING: "SF-2" SINGLE FAMILY ZONING DISTRICT. SPIN NEIGHBORHOOD #5. PUBLIC HEARING APPROVED Director of Planning and Development Services Dennis Killough presented Item 6A and answered questions from the Council. Mayor Pro Tem McCaskill opened the public hearing at 6:56pm. There being no one wishing to speak, Mayor Pro Tem McCaskill closed the public hearing at 6:56pm. Motion was made to approve Item 6A, Ordinance No. 480-811, ZA24-0001, 2nd Reading, Zoning Change and Concept Plan for 974 W. Dove, for property described as Lot 1 R2, R.P. Estes Subdivision, an addition to the City of Southlake, Tarrant County, Texas, and located at 974 W Dove Road, subject to the Staff Report dated February 27, 2024, and Zoning Change and Concept Plan Review Summary No. 2, dated February 8, 2024. Motion: Talley Second: Smith Ayes: Talley, McCaskill, Smith, Torres-Lepp, Williamson Nays: None Absent: Huffman, Robbins Approved: 5-0 ORDINANCE NO. 480-811 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 1R2, R.P. ESTES SUBDIVISION, CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS BEING APPROXIMATELY 4.86 ACRES, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT"A" FROM "AG"AGRICULTURE DISTRICT TO "SF-2" 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, REGULAR CITY C'OUNC'IL MEETING MINUTES AtI RCH 5. 024 Page 5 of 6 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. 7. ORDINANCES, FIRST READINGS, AND RELATED ITEMS: (THERE ARE NO ITEMS ON THIS AGENDA.) 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. ADJOURNMENT Mayor Pro Tem McCaskill adjourned the meeting at 7:05pm. *An audio recording of this meeting will be permanently retained in the City Secretary's Office. MINUTES APPROVED ON THIS, THE 19TH OF MARCH 2024. ,� John Hu ma sourkitqt ,,,,e�' May.Qr TEST: o • • F S ey, TRMui CI ecretary ,' ***.• ,`````� REGULAR CITY COUNCIL MEETING MINUTES, MARCH 5, 2024 Page 6 0.16