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2013-12-19 Council (continued from 2013-12-17)lugCITY OF SOUTHLAK.E TEXAS REGULAR CITY COUNCIL MEETING: December 19, 2013 LOCATION: 1400 Main Street, Southlake, Texas 76092 Council Chambers in Town Hall WORK SESSION: 5:30 P.M. 1. Call to order 2. Invocation: Bobbie Bogard 3. Local Business Report 4. Review of the recommended sidewalk and wayfinding signage priority construction/installation list for Fiscal Year 2014. 5. Discuss all items on tonight's meeting agenda. No action will be taken and each item will be considered during the Regular Session. 6. Recognition of SPIN Standing Committee Recess for reception in foyer REGULAR SESSION: Immediately followinq 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 the advice of the city attorney regarding legal issues relating to aircraft noise and airspace utilization. City of Southlake values.- Integrity alues:Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork City of Southlake City Council meeting agenda December 19, 2013 Page 2 of 8 2. Section 551.072: Deliberation regarding real property a. Discuss right of way acquisition and process of potential purchase or lease of real property for city facilities and projects. 3. Section 551.087: Deliberation regarding economic development negotiations a. Economic incentives for businesses. B. Reconvene: Action necessary on items discussed in Executive Session. 3. REPORTS: A. Mayor's Report 1. GRACE Christmas Cottage 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 December 3, 2013 Regular City Council meeting. B. Approve an agreement with Adolfson & Peterson Construction for construction manager at -risk services for the Community Recreation Center project. C. Approve second contract renewal for preventative maintenance services with Blagg Tire and Service. D. Approve second contract renewal for preventative maintenance services with Grapevine Ford. E. Approve fourth and final contract renewal with Alpine Tree for citywide tree maintenance services. F. Approve second and final contract renewal for citywide towing services with B&B Euless Wrecker. G. SV13-022, Variance to Sign Ordinance 704-F regulations for Chipotle, located at 3010 E. Southlake Blvd. in Gateway Plaza Phase I. City of Southlake values.- Integrity alues:Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork City of Southlake City Council meeting agenda December 19, 2013 Page 3 of 8 H. Approve a one year extension of the Final Plat for Westwyck Court on property described as Tract 1A2, Ben J. Foster Survey, Abstract No. 519 and Tract 2A1, John Childress Heirs Survey, Abstract No. 253, City of Southlake, Tarrant County, Texas and located at 1205 and 1255 Randol Mill Avenue, Southlake, Texas. SPIN # 5. Approve option to extend the current contract with Facility Solutions Group (FSG) for the fabrication and installation of wayfinding signs not to exceed $150,000. 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: A. Ordinance No. 1078 (CP13-006), 2nd Reading, Land Use Plan Amendment from Office Commercial to Retail Commercial for Southlake Plaza II being portions of Tracts 1B and 1131, John A Freeman Survey, Abstract No. 529 located at 2191, East Southlake Boulevard. and 280 South. Kimball Avenue, Southlake, Tarrant County, Texas. Current Zoning: "13-1" Business Service Park District and "AG" Agricultural District. Requested Zoning: "S -P-1" Detailed Site Plan District. SPIN #8. PUBLIC HEARING B. Ordinance No. 480-650 (ZA13-100), 2nd Reading, Zoning Change and Site Plan for Southlake Plaza II on property being described as Lots 1A1, 2A and 3A, Block B, Southlake Business Park, an addition to the City of Southlake, Tarrant County, Texas and Tracts 1B and 1131, John A Freeman Survey, Abstract No. 529, Southlake, Texas and located at 2191, 2201, 2211 and 2221 East Southlake Boulevard and 280 South Kimball Avenue. Current Zoning: "13-1" Business Service Park District, "CS" Community Service District and "AG" Agricultural District. Requested Zoning: "S -P-1" Detailed Site Plan District. SPIN #8. PUBLIC HEARING City of Southlake values: Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork City of Southlake City Council meeting agenda December 19, 2013 Page 4 of 8 C. ZA13-101, Preliminary Plat for Southlake Plaza II on property described as Lots 1A1, 2A and 3A, Block B, Southlake Business Park, an addition to the City of Southlake, Tarrant County, Texas and Tracts 1 B and 1 B1, John A. Freeman Survey, Abstract No. 529, Southlake, Texas, located at 2191, 2201, 2211 and 2221 East Southlake Boulevard and 280 South Kimball Avenue, Southlake, Tarrant County Texas. Current Zoning: "B-1" Business Service Park District", "CS" Community Service District and "AG" Agricultural District Requested Zoning: "S -P-1" Detailed Site Plan District. SPIN #8. D. Consider: Ordinance No. 480- 269a, (ZA13-131), 2nd Reading, Zoning Change and Site Plan for the Solana Parking Garage on property described as Lot 1, Block B, MTP -IBM Addition No. 1, an addition to the City of Southlake, Tarrant County, Texas and located at 1 East Kirkwood Boulevard, Southlake, Texas. Current Zoning: "NR -PUD" — Non - Residential Planned Unit Development District. Requested Zoning: "NR - PUD" — Non -Residential Planned Unit Development District. SPIN #1. PUBLIC HEARING E. ZA13-124, Plat Revision for Lot 1 R, Block B, MTP -IBM Addition No. 1 on property described as Lot 1, Block B, MTP -IBM Addition No. 1, an addition to the City of Southlake, Tarrant County, Texas and located at 1 East Kirkwood Boulevard, Southlake, Texas. Current Zoning: "NR -PUD" — Non - Residential Planned Unit Development District. SPIN #1. F. Ordinance No. 1081 (CP13-007), 2nd Reading, Land Use Plan Amendment from Retail Commercial to Medium Density Residential for Chesapeake Place Addition on property described as a portion of Lot 2, Block 1, J.G. Allen No. 18 Addition, an addition to the City of Southlake, Tarrant County, Texas located at 3101 West Southlake Boulevard. SPIN #11. PUBLIC HEARING G. Ordinance No. 480-655 (ZA13-126), 2nd Reading, Zoning Change and Concept Plan for Chesapeake Place Addition on property being described as a portion of Lot 2, Block 1, J.G. Allen No. 18 Addition, an addition to the City of Southlake, Tarrant County, Texas and located at 3101 West Southlake Boulevard, Southlake, Texas. Current Zoning: "C2" Local Retail Commercial District. Requested Zoning: "SF -20A" Single Family Residential District. SPIN #11. PUBLIC HEARING City of Southlake values.- Integrity alues:Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork City of Southlake City Council meeting agenda December 19, 2013 Page 5 of 8 H. Ordinance No. 480-654, (ZA13-108), 2nd Reading, Zoning Change and Concept Plan for Legends of Southlake on property being described as Tract 1, Green Meadow Subdivision, an addition to the City of Southlake, Tarrant County, Texas and located at 2301 Crooked Lane, Southlake, Texas. Current Zoning: "S -P-2" Generalized Site Plan District. Requested Zoning: "S -P-2" Generalized Site Plan. SPIN #8. PUBLIC HEARING ZA13-109, Site Plan for Legends of Southlake on proposed Lots 1 and 2 of Legends of Southlake on property being described as Tract 1, Green Meadow Subdivision, an addition to the City of Southlake, Tarrant County, Texas and located at 2301 Crooked Lane, Southlake, Texas. Current Zoning: "S -P-2" Generalized Site Plan District. Requested Zoning: "S -P-2" Generalized Site Plan District. SPIN #8. PUBLIC HEARING J. ZA13-110, Preliminary Plat for Legends of Southlake on property described as Tract 1, Green Meadow Subdivision, an addition to the City of Southlake, Tarrant County, Texas and located at 2301 Crooked Lane, Southlake, Texas. Current Zoning: "S -P-2" Generalized Site Plan District. Requested Zoning: "S -P-2" Generalized Site Plan District. SPIN #8. K. Ordinance No. 480-652, (ZA13-098), 2nd Reading, Zoning Change and Concept Plan for 525 North Pearson Lane on property described as Tract 1 B, J.G. Allen Survey, Abstract No. 18, City of Southlake, Tarrant County, Texas and located at 525 North Pearson Lane, Southlake, Texas. Current Zoning: "AG" Agricultural District. Requested Zoning: "SF -1A" Single Family Residential District. SPIN #11. 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: A. Consider SV13-023, Variance to the Conditional Sign Permit for Southlake Town Square, Phase I, for Trader's Joe's located at 1492 East Southlake Boulevard (new address) and 141 Grand Avenue (former address). 10. Other items for discussion: (There are no items on this agenda.) 11. Meeting adjourned. City of Southlake values.- Integrity alues:Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork City of Southlake City Council meeting agenda December 19, 2013 Page 6 of 8 CERTIFICATE I hereby certify that the above agenda was posted on the official bulletin boards at Town Hall, 1400 Main Street, Southlake, Texas, on Monday, December 16, 2013 by 5:30 p.m., pursuant to the Texas Government Code, Chapter 551. '.ttitiettrrrrrrr .1 Vk LAK Alicia Richardson, TRMC V-�-; City Secretary If you plan to attend this public meeting and have a disability that requires special needs, please advise the City Secretary's Office 48 hours in advance at 817-748-8016 and reasonable accommodations will be made to assist you. City of Southlake values.- Integrity alues:Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork City of Southlake City Council meeting agenda December 19, 2013 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 N. Kimball Avenue, Southlake, Texas. 6. James & Kathleen Farley v. Mark Wilson, National Carriers, Inc., and City of Southlake; Cause No. 09-15791. 7. Ed Bell Construction Company v. City of Southlake, Cause No. 348-262825-12. 8. Araceli Preljvukaj v. City of Southlake et al, Cause No. 153-267629-13 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 regardingprospective 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. 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 City of Southlake values.- Integrity alues:Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork City of Southlake City Council meeting agenda December 19, 2013 Page 8 of 8 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