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2014-10-21CITY OF SOUTHLAKE TEXAS REGULAR CITY COUNCIL MEETING: OCTOBER 21 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: Drew Johnson 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. Section 551.071: Consultation with cjty attornev a. Seek advice of the city attorney regarding legal issues related to legislative items. b. Seek advice of the city attorney regarding public health response. 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. City of Southlake values: Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork City of Southlake City Council meeting agenda October 21, 2014 Page 2 of 7 3. Section 551.074: Deliberation renardina personnel matters a. Deliberate the appointment of city board and commission members. B. Reconvene: Action necessary on items discussed in Executive Session. 3. REPORTS: A. Mayor's Report 1. Del Frisco's Run With The Soldiers Southlake 5K B. City Manager's Report 1. Strategic Priority Update 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 October 7, 2014 regular City Council meeting and from the October 14, 2014 special City Council meeting. B. Approve annual purchase agreement with Manning Concrete Sawing through an interlocal agreement with the City of Grapevine. C. This item was intentionally left blank. D. Award construction contract to Green Scaping, LP for the South White Chapel bridge scour measures in the amount of $125,334. E. Ratify expenditures of $165,937 in FY 2014, and authorize expenditures not to exceed $180,000 in FY 2015, with Regent Services (Southlake Leasing) for janitorial services in City facilities. F. Approve Facilities Utilization Agreement with Dragon Youth Football. G. Approve Facilities Utilization Agreement with Southlake Carroll Lacrosse Association. H. Approve Facilities Utilization Agreement with Grapevine Southlake Soccer Association. City of Southlake values: Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork City of Southlake City Council meeting agenda October 21, 2094 Page 3 of 7 This item was intentionally left blank. J. Resolution No. 14-041, Appoint members to various positions on the Crime Control and Prevention District, Library Board, Metroport Teen Court, Senior Advisory Commission, and Southlake Arts Council. K. Resolution No. 14-042, Amend the fee schedule. L. Ordinance No. 1103, 1St Reading, Granting to Atmos Energy Corporation, a Texas and Virginia Corporation, its successors and assigns, a franchise to construct, maintain, and operate pipelines and equipment in the City of Southlake, Tarrant County, Texas for the transportation, delivery, sale and distribution of gas in, out of, and through said city for all purposes; providing for the payment of a fee or charge for the use of the public rights -of -ways; and providing that such fee shall be in lieu of other fees and charges, excepting ad valorem taxes; and repealing all previous gas franchise ordinances. (If approved, the public hearing will be held at the November 4, 2094 City Council meeting.) M. ZA14-099, Site Plan for Southlake Town & Country on property being described as Tract IF and a portion of Tract 1, J. West Survey, Abstract No. 1620, City of Southlake, Tarrant County, Texas and located at 500 West SH 114, Southlake, Texas. Current Zoning: "S -P-2" Generalized Site Plan District. SPIN #3. PUBLIC HEARING (This item was tabled to the November 6, 2094 Planning and Zoning Commission meeting. If action is taken at that meeting, this item will be on the November 18, 2094 City Council meeting for consideration.) N. ZA14-100, Preliminary Plat for Southlake Town & Country on property described as Tracts 1 and 1 F, J. West Survey, Abstract No. 1620, City of Southlake, Tarrant County, Texas and located at 500 West SH 114, Southlake, Texas. Current Zoning: "S -P-2" Generalized Site Plan District. SPIN #3. (This item was tabled to the November 6, 2094 Planning and Zoning Commission meeting. If action is taken at that meeting, this item will be on the November 18, 2094 City Council meeting for consideration.) O. Ordinance No. 480-QQQQ, 1St Reading, Amendment to the Comprehensive Zoning Ordinance No. 480, as amended, as it pertains to provisions to allow above -ground cisterns. (This item was tabled to the November 4, 2094 City Council meeting. If approved by City Council on November 4, 2014, the public hearing will be held on November 18, 2014.) City of Southlake values: Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork City of Southlake City Council meeting agenda October 21, 2014 Page 4 of 7 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. ZA14-116, Site Plan for Empire Rugs on property described as Lot 1 R, Block 1, Miron Addition, City of Southlake, Tarrant County, Texas and located at 1695 East Southlake Boulevard, Southlake, Texas. Current Zoning: "C-2" Local Retail Commercial District. SPIN #8. PUBLIC HEARING B. Ordinance No. 480-643b (ZA14-106), 2"d Reading, Zoning Change and Site Plan for Park Village on property described Tracts 4, 4D and 4G, Obediah W. Knight Survey, Abstract No. 899, City of Southlake, Tarrant County, Texas and located at 1001 East Southlake Boulevard and 400 and 430 South Carroll Avenue, Southlake, Texas. Current Zoning: "S -P-1" Detailed Site Plan District. Requested Zoning: "S -P-1" Detailed Site Plan District. SPIN #8. PUBLIC HEARING C. Resolution No. 14-040 (ZA14-126), Specific Use Permit for a Commercial Solar Energy System at Stadium Southwest on property described as Lot 2-R-2, Green Meadow Subdivision, an addition to the City of Southlake, Tarrant County, Texas, located at 925 South Kimball Avenue, Southlake, Texas. Current Zoning: 1-1 - Industrial. SPIN #8. PUBLIC HEARING 7. Ordinances, first readings, and related items: A. Ordinance No. 480-491b (ZA14-110), 1St Reading, Zoning Change and Site Plan for Ancor Capital Partners on property described as Lots 1-7, Block 1, Morrison Office Park, City of Southlake, Tarrant County, Texas and located at 2720 East State Highway 114 and 300-330 Morrison Park Drive, Southlake, Texas. Current Zoning: "S -P-2" Generalized Site Plan District. Requested Zoning: "S -P-2" Generalized Site Plan District. SPIN #4. (if approved, the public hearing will be held at the November 4, 2094 City Council meeting.) City of Southlake values. Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork City of Southlake City Council meeting agenda October 21, 2014 Page 5 of 7 8. Resolutions: A. Resolution No. 14-043, a resolution of the City of Southlake, Texas, approving the terms and conditions of a program to promote economic development and stimulate business and commercial activity in the City; authorizing the Mayor to execute an agreement with 925 South Kimball, LLC, a limited liability corporation, for such purposes; and providing an effective date. B. Approve Amendment No. 1 to the commercial developer agreement with 925 South Kimball, L.L.C. for Stadium Southwest Addition. 9. Other items for consideration: A. Approve name for City facility currently known as Community Recreation Center (CRC). 10. Other items for discussion: (There are no items on this agenda.) 11. Meeting adjourned. CERTIFICATE hereby certify that the above agenda was posted on the official bulletin boards at Town Nall, 1400 Main Street, Southlake, Texas, on Friday, October 17, 2014 by 6:00 p.m., pursuant to the Texas Government Code, Chapter 551. &a- Pa Lori Payne, TRN City Secretary %aUfi,,,,�� r: %0 If you plan to attend this pub'lir,�tme .00 have a disability that requires special needs, please advise the City Secretary's OOi'fk' 'W% 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 October 21, 2014 Page 6 of 7 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 regarding rding 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 October 21, 2014 Page 7 of 7 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_ 418.1060&_fe): 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