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2014-09-02CITY OF SOUTHLAKE TEXAS REGULAR CITY COUNCIL MEETING: SEPTEMBER 2.2014 LOCATION: 1400 Main Street, Southlake, Texas 76092 Council Chambers in Town Hall WORK SESSION: 5:30 P.M. 1. Call to order 2. Invocation: David Boxerman 3. 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 followina 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 pposted subject matter of this City Council meeting. Section 551.071: Consultation with city attornev a. Seek the advice of the city attorney regarding legal issues potentially affecting the authority and liability of municipalities in the upcoming Texas legislative session. b. Seek the advice of the city attorney regarding gas drilling and production and gas utility companies. 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 ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork City of Southlake City Council meeting agenda September 2, 2014 Page 2 of 8 3. REPORTS: A. Mayor's Report 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 August 5, 2014 regular City Council meeting; the August 12, 2014 Joint City Council meeting with various boards; and the August 19, 2014 regular City Council meeting. B. Ordinance No. 1098, 1St Reading, Adopt an ordinance to abandon an unused permanent emergency access easement located in the Thomas M. Hood Survey, Abstract No. 706. (If approved, the public hearing will be held on September 96, 2014.) C. Approve residential developer agreement with Centurion American Development Group for Gateway Lakes. D. Approve Facilities Utilization Agreement with Southlake Cricket Club. E. Approve a Southlake Parks Development Corporation (SPDC) Matching Funds request from Southlake Cricket Club to contribute to the construction cost of a cricket pitch at Bob Jones Park. F. Approve Guaranteed Maximum Price in the amount of $12,255,403 with Adolfson & Peterson for Construction Manager at Risk Services for construction of Community Recreation Center. G. Ordinance No. 480-678 (ZA14-093), 1St Reading, Zoning Change and Concept Plan for Lot 2R, R.D. Price No. 992 Addition on property described as Tract 14 and a portion of Tract 15, R.D. Price Survey, Abstract No. 992A, City of Southlake, Denton County, Texas, and located at 335 W. Bob Jones Road and 4078 N. White Chapel Boulevard, Southlake, Texas. Current Zoning: "AG" Agricultural District. Requested Zoning: "SF -1A" Single Family Residential District. SPIN #1. (If approved, the public hearing will be held on September 16, 2014.) City of Southlake values: Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork City of Southlake City Council meeting agenda September 2, 2014 Page 3 of 8 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. 480-667 (ZA13-106), 2nd Reading, Zoning Change and Concept/Site Plan for Southlake Office Plaza (formerly named Southlake Medical Plaza) on property described as Tract 6J, Thomas M. Hood Survey, Abstract No. 706, City of Southlake, Tarrant County, Texas and Lot 1, Block A, Ravenaux Village, an addition to the City of Southlake, Tarrant County, Texas and located at 245 West SH 114 and 200 Countryside Court, Southlake, Texas. Current Zoning: "S -P-2" Generalized Site Plan District. Requested Zoning: "S -P-2" Generalized Site Plan District. SPIN #5. PUBLIC HEARING B. Resolution No. 14-035, (ZA14-096), Specific Use Permit for a Solar Energy System at Carroll High School on property being described as Lot 1, Block 1, of the Carroll ISD No. 2 Addition, City of Southlake, Tarrant County, Texas and located at 800 North White Chapel Boulevard, Southlake, Texas. Current Zoning: "NR -PUD" Non -Residential Planned Unit Development District. SPIN #7. PUBLIC HEARING C. Ordinance No. 480-676 (ZA14-088), 2nd Reading, Zoning Change and Development Plan for Torian Place on property being described as Tracts 1P, 1P1, 1Q1, 1Q, 1R, 3B, 1X1, 1X, 1 Y,1 Z, F. Throop Survey, Abstract No. 1511 and a portion of Lot 6, Block 1, Meadowmere Addition, an addition to the City of Southlake, Tarrant County, Texas and being located at 2118, 2122, 2128, 2132, 2136, 2140, 2148, 2152, and 2160 E. Dove Road and 1840 and 1860 North Kimball Avenue, Southlake, Texas. Current Zoning: "AG" Agricultural District and "SF -1A" Single Family Residential District. Requested Zoning: "R -PUD" Residential Planned Unit Development District. SPIN #4. PUBLIC HEARING D. Ordinance No. 480-677 (ZA14-089), 2nd Reading, Zoning Change and Concept Plan for a portion Lot 6, Block 1, Meadowmere Addition on property being described as a portion of Lot 6, Block 1, Meadowmere Addition, an addition to the City of Southlake, Tarrant County, Texas and being located at 1860 North Kimball Avenue, Southlake, Texas. Current Zoning: "AG" Agricultural District. Requested Zoning: "SF -20A" Single Family Residential District. SPIN #4. PUBLIC HEARING City of Southlake values: Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork City of Southlake City Council meeting agenda September 2, 2014 Page 4 of 8 E. Ordinance No. 480-624b (ZA14-021), 2nd Reading, Zoning Change and Site Plan for Silver Ridge Assisted Living Phase II on property described as a portion of Tract 313, T. Mahan Survey, Abstract No. 1049 and Lots 1 & 2X, Silver Ridge Addition Phase I, an addition to the City of Southlake, Tarrant County, Texas and located at 1975 — 2001 East Kirkwood Boulevard and 600 North Kimball Avenue, Southlake, Texas. Current Zoning: "S -P-1" Detailed Site Plan District. Requested Zoning: "S -P-1" Detailed Site Plan District. SPIN #4. PUBLIC HEARING F. Ordinance No. 480-646a (ZA14-022), 2nd Reading, Zoning Change and Site Plan for Kimball Lakes Medical Offices Phase II on property described as a portion of Tract 313, T. Mahan Survey, Abstract No. 1049 and Lots 1 & 2, Silver Ridge Addition Phase II, an addition to the City of Southlake, Tarrant County, Texas and located at 600 — 630 North Kimball Avenue, Southlake, Texas. Current Zoning: "S -P-1" Detailed Site Plan District. Requested Zoning: "S -P-1" Detailed Site Plan District. SPIN #4. PUBLIC HEARING G. ZA14-023, Preliminary Plat for Silver Ridge Addition Phase III on property described as Tract 3B, T. Mahan Survey, Abstract No. 1049, City of Southlake, Tarrant County, Texas and located at 600 North Kimball Avenue, Southlake, Texas. Current Zoning: "S -P-1" Detailed Site Plan District. SPIN #4. H. ZA14-091 Site Plan for Columbia Sportswear on property described as Lot 4, Block 1 R, Town Square Addition, Phase I, an addition to the City of Southlake, Tarrant County, Texas, and located at 1235 Main Street, Southlake, Texas. Current Zoning: "DT" Downtown District. SPIN #8. PUBLIC HEARING Consider proposal to adopt a tax increase as a result of the proposed tax rate of $.462 exceeding the effective tax rate by 3.3%. PUBLIC HEARING J. Ordinance No. 1099, 1St Reading, Approving and adopting the Annual Budget for the Fiscal Year 2015 and approving the revised budget figures for the Fiscal Year 2014 and Multi-year capital improvement. (if approved, the public hearing will be held on September 16, 2014.) K. Ordinance No. 1100, 15t Reading, Tax Levy Ordinance. (if approved, the public hearing will be held on September 16, 2014.) L. Ordinance No. 1101, 1St Reading, Approve an ordinance of the City of Southlake, Texas, providing for a residential homestead property tax City of Southlake values: Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork City of Southlake City Council meeting agenda September 2, 2014 Page 5 of 8 exemption. (if approved, the public hearing will be held on September 16, 2014.) M. Approval of amended Fiscal Year 2014 Southlake Crime Control and Prevention District Operating Budget and adoption of Fiscal Year 2015 Operating Budget. PUBLIC HEARING 7. Ordinances, first readings, and related items: A. Ordinance No. 480-671 (ZA14-059), 1St Reading, Zoning Change and Site Plan for Pieter Andries Jeweler on property being described as Lot 3-R-1, Block 1, of the Georgetown Park Addition, City of Southlake, Tarrant County, Texas, located at 2525 East Southlake Boulevard, Southlake, Texas. Current Zoning: "C-2" Local Retail Commercial District. Requested Zoning: "S -P-1" Detailed Site Plan District with "C-2" Local Retail Commercial District uses. SPIN #8. (If approved, the public hearing will be held on September 16, 2014.) B. Ordinance No. 480-244a (ZA14-029), 1St Reading, Zoning Change and Site Plan on property described as Lots 5R1, 5R2 and 4, T. Easter No. 474 Addition, City of Southlake, Tarrant County, Texas, and located at 2801 East Southlake Boulevard, Southlake, Texas. Current Zoning: "S -P- 2" Generalized Site Plan District. Requested Zoning: "S -P-2" Generalized Site Plan District. SPIN #8. (If approved, the public hearing will be held on September 16, 2014.) 8. Resolutions: (There are no items on this agenda.) 9. Other items for consideration: A. SV14-014, Amendment to the Master Sign Plan for Jellico Square located at 223 Randol Mill Road, Southlake, Texas. B. SV14-012, Sign Variance to Sign Ordinance No. 704-F regulations for Complete Care Southlake located at 321 West Southlake Boulevard, Southlake, Texas. 10. Other items for discussion: A. Surface parking in Southlake Town Square. 11. Meeting adjourned. City of Southlake values: Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork City of Southlake City Council meeting agenda September 2, 2414 Page 6 of 8 CERTIFICATE hereby certify that the above agenda was posted on the official bulletin boards at Town Hall, 1400 Main Street, Southlake, Texas, on Friday, August 29, 2014 by 6:00 p.m., pursuant to the Texas Government Code, Chapter 551. If you plan to attend this lic;ar j and have a disability that requires special needs, please advise the City td&i-00y'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 Lori Payne, TR City Secretary % If you plan to attend this lic;ar j and have a disability that requires special needs, please advise the City td&i-00y'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 September 2, 2014 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 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 551.0.73: 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 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 ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork City of Southlake City Council meeting agenda September 2, 2094 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