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2014-11-04Cliv OF SOUTHLAKE TEXAS REGULAR CITY COUNCIL MEETING: NOVEMBER 4,201 LOCATION: 1400 Main Street, Southlake, Texas 76092 Council Chambers in Town Hall WORK SESSION: 5:30 P.M. 1. Call to order 2. Invocation: Ben Weiss 3. Local Business Report 4. Honors and Recognitions 1. Proclamation for Veteran's Day 2. Proclamation for Municipal Court Week 3. Lean Six Sigma Green Belt Graduate Recognition 5. Review of the Park Village (1171 East Southlake Boulevard) Fountain Design Plans 6. Destination Branding 7. 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 Citv Council to seek advice from the city attorney as to the posted subiect matter of this City Council meeting. City of Southlake values: Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork City of Southlake City Council meeting agenda November 4, 2014 Page 2 of 8 1. Section 551.071: Consultation with city attorney a. Seek advice of the city attorney regarding the proposed site plan for Southlake Town & Country (ZA 14-099) 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. 2. Section 551,072: Deliberation reaardina real propert 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 reaardina economic development negotiations a. Discuss the terms and conditions of an economic development incentives program — Project No. 2014-02. B. Reconvene: Action necessary on items discussed in Executive Session. 3. REPORTS: A. Mayor's Report 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 21, 2014 regular City Council meeting. B. Approve a Community Services Agreement with the Southlake Chamber of Commerce. C. Approve funding for the upgrade to the SCADA water control system in the amount of $78,000. City of Southlake values: Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork City of Southlake City Council meeting agenda November 4, 2014 Page 3 of 8 D. Approve Professional Services Agreement {PSA} with Baird Hampton and Brown for the design of a new sewer extension along North Carroll Avenue and two existing sewer replacement in Summerplace Lane and Commerce Street in the amount of $93,985. E. Ordinance No. 1105, 1St Reading, Adopt ordinance to abandon a permanent utility easement in a tract of land deeded to Garry, Sharon and David Tennyson as recorded in Volume 11077, Page 262 of deed records of Tarrant County. (If approved, the public hearing will be held on November 18, 2014.) F. Authorize the purchase of a hydraulic excavator and pavement breaker through the BuyBoard cooperative purchasing program in the amount of $124,821. G. Authorize the purchase of a street sweeper through the BuyBoard cooperative purchasing program in the amount of $166,450. H. Award purchase agreement with various vendors for the purchase of asphalt through an interlocal agreement with Tarrant County. Approve annual purchase agreement for aggregate materials with Martin Marietta Materials/TXI through an interlocal agreement with the City of Grapevine. J. Ordinance No. 1106, 1St Reading, Adopt ordinance to abandon a permanent access and utility easement in a tract of land deeded to Roger H. Bohannan and wife, Donna, as recorded in Volume 11077, Page 272 of deed records of Tarrant County. (If approved, the public hearing will be held on November 18, 2094.) K. Approve the purchase of a rotary mower from Professional Turf Products for an amount not to exceed $75,000. L. Approve renewal of contract with Crowley Sports Officials for sports officiating and scorekeeping services for an amount not to exceed $130,000. M. Ordinance No. 480-QQQQ, 1St Reading, An amendment to the Comprehensive Zoning Ordinance No. 480, as amended, as it pertains to provisions to allow above -ground cisterns. (If approved, the public hearing will be held on November 18, 2094.) City of Southlake values: Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork City of Southlake City Council meeting agenda November 4, 2044 Page 4 of S N. Ordinance No. 480-681 (ZA14-117), 1St Reading, Zoning Change and Concept Plan for Lot 1, Combe-Yetman Addition on property described as Tracts 8A5 and 8A8B, Thomas M. Hood Survey, Abstract No. 706, City of Southlake, Tarrant County, Texas and located at 339 West Highland Street, Southlake, Texas. Current Zoning: "AG" Agricultural District. Requested Zoning: "SF -1A" Single Family Residential District. SPIN #7. (If approved, the public hearing will be held on November 18, 2014.) O. ZA13-120, Site Plan for Lot 1 Players Circle on property being described as Lot 1, Players Circle Addition, an addition to the City of Southlake, Tarrant County, Texas, located at 1901 W. Southlake Boulevard, Southlake, Texas. Current Zoning: "C-3" General Commercial District. SPIN #10. (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 considered at the November 18, 2014 City Council meeting.) P. Ordinance No. 480-542b (ZA14-082), 1St Reading, Zoning Change and Site Plan for Southlake Villas on property currently described as Tract 3, W.W. Hall Survey, Abstract No. 687, City of Southlake, Tarrant County, Texas and located at 310 East Southlake Boulevard, Southlake, Texas. Current Zoning: "S -P-1" Detailed Site Plan District with "O-1" Office District uses. Requested Zoning: "S -P-1" Detailed Site Plan District with "0-1" Office District uses. SPIN #7. (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 considered at the November 18, 2094 City Council meeting.) 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. ZA14-123, Site Plan for 151 Players Circle on property being described as Lot 2, Players Circle Addition, an addition to the City of Southlake, Tarrant County, Texas, located at 151 Players Circle, Southlake, Texas. Current Zoning: "C-3" General Commercial District. SPIN #10. PUBLIC HEARING City of Southlake values: Integrity ♦ innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork City of Southlake City Council meeting agenda November 4, 2014 Page 5of8 B. Ordinance No. 1103, 2nd 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. 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 on November 18, 2014_) B. Ordinance No. 480-680 (ZA14-107), 18t Reading, Zoning Change and Site Plan for Bailey Business Park on property being described as Tracts 2E1 and 2E2, John H Gibson Survey, Abstract No. 591, City of Southlake, Tarrant County, Texas, located at 1363 Brumlow Avenue, Southlake, Texas. Current Zoning: "S -P-1" Detailed Site Plan District. Proposed Zoning: "S -P-1" Detailed Site Plan District with "1-1" Light Industrial District uses. SPIN #8. (If approved, the public hearing will be held on November 18, 2014.) C. Ordinance No. 480-682 (ZA14-119), 1$t Reading, Zoning Change and Site Plan for Kirkwood Crossing on property described as Tract 4G, Absolom H. Chivers Survey, Abstract No. 299, City of Southlake, Tarrant County, Texas and located at 1200 North Carroll Avenue, Southlake, Tarrant County, Texas. Current Zoning: "AG" Agricultural District. Requested Zoning: "S -P-1" Detailed Site Plan District. SPIN #3. (If approved, the public hearing will be held on November 18, 2014.) D. Ordinance No. 480-684 (ZA14-120), 1St Reading, Zoning Change and Site Plan for White Line Self Storage on property described as Tracts 6D8 and 6D9, J.G. Allen Survey, Abstract No. 18, City of Southlake, Tarrant County, Texas and located at 750 Davis Boulevard and 2360 Michael Drive, Southlake, Texas. Current Zoning: "AG" Agricultural Zoning District. Requested Zoning: "S -P-1" Detailed Site Plan District. SPIN #10. (If approved, 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 November 4, 2014 Page 6 of 8 8. Resolutions: (There are no items on this agenda.) 9. Other items for consideration: A. SV14-015, Variance to the conditional sign permit for Southlake Town Square, Phase One, for Columbia Sportswear located at 1253 Main Street, Southlake, Texas. 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 Hall, 1400 Main Street, Southlake, Texas, on Friday, October 31, 2014 by 6:00 p.m., pursuant to the Texas Government Code, Chapter 551. Lori Payne, TR City Secretary If you plan to attend this pi%,c, rr"U"&nd have a disability that requires special needs, please advise the City Secretary's48 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 November 4, 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 551.073: Deliberation regarding ros ective 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 November 4, 2014 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 regardinq pipeline safety. The City Council may discuss emergency management plans involving pipeline safety and/or security of pipeline infrastructures or facilities when those pians or discussions contain such sensitive information. City of Southlake values: Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork