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2014-04-01 (Amended after posting)lugCITY OF SOUTHLAK.E Amended TEXAS Item 2A.3a REGULAR CITY COUNCIL MEETING: April 1, 2014 LOCATION: 1400 Main Street, Southlake, Texas 76092 Council Chambers in Town Hall WORK SESSION: 5:30 P.M. Call to order 2. Invocation: Ben Weiss 3. Local Business Report 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: Immediately following the work session 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. 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. Discuss the terms and conditions of an economic development incentive program— Project No. 2014-03. B. Reconvene: Action necessary on items discussed in Executive Session. City of Southlake values.- Integrity alues:Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork City of Southlake City Council meeting agenda April 1, 2014 Page 2 of 6 3. REPORTS: A. Mayor's Report 1. Proclamation — National Volunteer Week 2. Proclamation — National Library Week 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 March 18, 2014 Regular City Council meeting. B. Cancel the July 1, 2014 and July 15, 2014 City Council meetings. C. Ordinance No. 895-C, 1St Reading, Approve the revised the Water Conservation Plan. (if approved at first reading, the Public Hearing will be held April 15, 2014.) D. Ordinance No. 662-E, 1St Reading, Approve the revised the Drought Contingency Plan. (if approved at first reading, the Public Hearing will be held April 15, 2014.) E. SV14-003, Variance to Sign Ordinance 704-F regulations for two (2) banners in Southlake Town Square, located at 1430 East Southlake Boulevard, Southlake Town Square Phase I. F. SV14-004, Variance to Sign Ordinance 704-F regulations for Smallcakes Cupcakery located at 2315 East Southlake Boulevard, Suite 104. G. Approve contract with Scientel Wireless for installation of the Town Square wireless network in the amount of $45,000. 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 City of Southlake values.- Integrity alues:Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork City of Southlake City Council meeting agenda April 1, 2014 Page 3 of 6 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. 480-660 (ZA14-006) 2nd Reading, Zoning Change and Site Plan for the Westin Hotel on property described as Lot 1, Block 4, Gateway Church — 114 Campus Addition, an addition to the City of Southlake, Tarrant County, Texas and located at 1200 East State Highway 114, Southlake, Texas. Current Zoning: "NR -PUD" Non - Residential Planned Unit Development District. Requested Zoning: "S -P-1" Detailed Site Plan District. PUBLIC HEARING B. Resolution No. 14-007 (ZA14-011) Specific Use Permit to allow a Temporary Sales Facility on property described as Tract 2A5E, R. Eades Survey, Abstract No. 481, City of Southlake, Tarrant County, Texas and located at 351 Central Avenue, Southlake, Texas. Current Zoning: "DT" Downtown District. SPIN #8. PUBLIC HEARING 7. Ordinances, first readings, and related items: A. Ordinance 480-435a (ZA13-137), 1s' Reading, Zoning Change and Site Plan for Feedstore BBQ to include a Request for a Variance to the Masonry Ordinance No. 557-A, as amended, on property being described as Tract 4D and a portion of Tract 1F, Hiram Granberry Survey, Abstract No. 581, City of Southlake, Tarrant County, Texas, located at 530 and 580 South White Chapel Boulevard, Southlake, Texas. Current Zoning: "S -P- 1" Detailed Site Plan District. Requested Zoning: "S -P-1" Detailed Site Plan District. SPIN #10. (If approved, the public hearing will be held on April 15, 2014.) B. Ordinance 1084, (CP13-010) 1s' Reading, Land Use Plan Amendment from Low Density Residential to Medium Density Residential and a Text Amendment to write in a site specific recommendation to allow an assisted living facility for Harborchase of Southlake on property described as Lot 2, Block 1, Owens Addition, an addition to the City of Southlake, Tarrant County, Texas and located at 250 Shady Oaks Drrive, Southlake, Tarrant County, Texas. Current Zoning: "AG" Agricultural District. Proposed Zoning: "S -P-1" Detailed Site Plan District. SPIN #6. (If approved, the public hearing will be held on April 15, 2014.) C. Ordinance No. 480-658 (ZA13-138) 1St Reading, Zoning Change and Site Plan for Harborchase of Southlake on property described as Lot 2, Block 1, Owens Addition, an addition to the City of Southlake, Tarrant County, Texas and located at 250 Shady Oaks Drive, Southlake, Tarrant County, Texas. Current Zoning: "AG" Agricultural District. Proposed Zoning: "S -P - City of Southlake values: Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork City of Southlake City Council meeting agenda April 1, 2014 Page 4 of 6 1" Detailed Site Plan District. SPIN #6. (if approved, the public hearing will be held on April 15, 2014.) D. Ordinance 480-661 (ZA14-028), 1s' Reading, Zoning Change and Site Plan for Christ Our King Church on property being described as Lot 5, Meadow Oaks Subdivision, an addition to the City of Southlake, Tarrant County, Texas, located at 595 South Kimball Avenue, Southlake, Texas. Current Zoning: "SF -1A" Single Family Residential District. Requested Zoning: "S -P-1" Detailed Site Plan District. SPIN #8. (if approved, the public hearing will be held on April 15, 2014.) 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. 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, March 28, 2014 by 6:00 p.m., pursuant to the Texas Government„Qode, Chapter 551. i 4 Alicia Richardson, TRMC 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 April 1, 2014 Page 5 of 6 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 & Kathleen Farley v. Mark Wilson, National Carriers, Inc., and City of Southlake; Cause No. 09-15791. 7. 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 April 1, 2014 Page 6 of 6 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 lugCITY OF SOUTHLAK.E TEXAS REGULAR CITY COUNCIL MEETING: April 1, 2014 LOCATION: 1400 Main Street, Southlake, Texas 76092 Council Chambers in Town Hall WORK SESSION: 5:30 P.M. Call to order 2. Invocation: Ben Weiss 3. Local Business Report 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: Immediately following the work session 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. 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. B. Reconvene: Action necessary on items discussed in Executive Session. City of Southlake values.- Integrity alues:Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork City of Southlake City Council meeting agenda April 1, 2014 Page 2 of 6 3. REPORTS: A. Mayor's Report 1. Proclamation — National Volunteer Week 2. Proclamation — National Library Week 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 March 18, 2014 Regular City Council meeting. B. Cancel the July 1, 2014 and July 15, 2014 City Council meetings. C. Ordinance No. 895-C, 1St Reading, Approve the revised the Water Conservation Plan. (if approved at first reading, the Public Hearing will be held April 15, 2014.) D. Ordinance No. 662-E, 1St Reading, Approve the revised the Drought Contingency Plan. (if approved at first reading, the Public Hearing will be held April 15, 2014.) E. SV14-003, Variance to Sign Ordinance 704-F regulations for two (2) banners in Southlake Town Square, located at 1430 East Southlake Boulevard, Southlake Town Square Phase I. F. SV14-004, Variance to Sign Ordinance 704-F regulations for Smallcakes Cupcakery located at 2315 East Southlake Boulevard, Suite 104. G. Approve contract with Scientel Wireless for installation of the Town Square wireless network in the amount of $45,000. 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.) City of Southlake values.- Integrity alues:Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork City of Southlake City Council meeting agenda April 1, 2014 Page 3 of 6 6. Ordinances, second readings, public hearings, and related items: A. Ordinance No. 480-660 (ZA14-006) 2nd Reading, Zoning Change and Site Plan for the Westin Hotel on property described as Lot 1, Block 4, Gateway Church — 114 Campus Addition, an addition to the City of Southlake, Tarrant County, Texas and located at 1200 East State Highway 114, Southlake, Texas. Current Zoning: "NR -PUD" Non - Residential Planned Unit Development District. Requested Zoning: "S -P-1" Detailed Site Plan District. PUBLIC HEARING B. Resolution No. 14-007 (ZA14-011) Specific Use Permit to allow a Temporary Sales Facility on property described as Tract 2A5E, R. Eades Survey, Abstract No. 481, City of Southlake, Tarrant County, Texas and located at 351 Central Avenue, Southlake, Texas. Current Zoning: "DT" Downtown District. SPIN #8. PUBLIC HEARING 7. Ordinances, first readings, and related items: A. Ordinance 480-435a (ZA13-137), 1s' Reading, Zoning Change and Site Plan for Feedstore BBQ to include a Request for a Variance to the Masonry Ordinance No. 557-A, as amended, on property being described as Tract 4D and a portion of Tract 1F, Hiram Granberry Survey, Abstract No. 581, City of Southlake, Tarrant County, Texas, located at 530 and 580 South White Chapel Boulevard, Southlake, Texas. Current Zoning: "S -P- 1" Detailed Site Plan District. Requested Zoning: "S -P-1" Detailed Site Plan District. SPIN #10. (If approved, the public hearing will be held on April 15, 2014.) B. Ordinance 1084, (CP13-010) 1s' Reading, Land Use Plan Amendment from Low Density Residential to Medium Density Residential and a Text Amendment to write in a site specific recommendation to allow an assisted living facility for Harborchase of Southlake on property described as Lot 2, Block 1, Owens Addition, an addition to the City of Southlake, Tarrant County, Texas and located at 250 Shady Oaks Drrive, Southlake, Tarrant County, Texas. Current Zoning: "AG" Agricultural District. Proposed Zoning: "S -P-1" Detailed Site Plan District. SPIN #6. (If approved, the public hearing will be held on April 15, 2014.) C. Ordinance No. 480-658 (ZA13-138) 1St Reading, Zoning Change and Site Plan for Harborchase of Southlake on property described as Lot 2, Block 1, Owens Addition, an addition to the City of Southlake, Tarrant County, Texas and located at 250 Shady Oaks Drive, Southlake, Tarrant County, Texas. Current Zoning: "AG" Agricultural District. Proposed Zoning: "S -P- 1" Detailed Site Plan District. SPIN #6. (If approved, the public hearing will be held on April 15, 2014.) City of Southlake values: Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork City of Southlake City Council meeting agenda April 1, 2014 Page 4 of 6 D. Ordinance 480-661 (ZA14-028), 1s' Reading, Zoning Change and Site Plan for Christ Our King Church on property being described as Lot 5, Meadow Oaks Subdivision, an addition to the City of Southlake, Tarrant County, Texas, located at 595 South Kimball Avenue, Southlake, Texas. Current Zoning: "SF -1A" Single Family Residential District. Requested Zoning: "S -P-1" Detailed Site Plan District. SPIN #8. (If approved, the public hearing will be held on April 15, 2014.) 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. 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, March 28, 2014 by 6:00 p.m., pursuant to the Texas Government Code, Chapter 551. y.>>titietrrrrrrr 4 Alicia Richardson, TRMC 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 ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork City of Southlake City Council meeting agenda April 1, 2014 Page 5 of 6 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 & Kathleen Farley v. Mark Wilson, National Carriers, Inc., and City of Southlake; Cause No. 09-15791. 7. 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 April 1, 2014 Page 6 of 6 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