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2014-11-18CITY OF SOUTHLAKE TEXAS REGULAR CITY COUNCIL MEETING: NOVEMBER 18 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: Steve Fiedler 3. Southlake Chamber of Commerce Update 4. Honors and Recognitions Proclamation — Carroll Dragon Speech and Debate Team 5. 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 durina the meetina that a need arises for the Cltv Council to seek advice from the city attorney as to the posted sub'ect matter of this City Council meeting. Section 551.071: Consultation with city attornev a. Seek advice of the city attorney regarding legal issues related to legislative items. b. Seek advice of the city attorney regarding the proposed site plan for Southlake Town & Country (ZA 14-099) on property being described as Tract 1 F and a portion of Tract 1, J. West Survey, Abstract No. 1620, City of Southlake, Tarrant City of Southlake values: Integrity ♦ Innovation + Accountability ♦ Commitment to Excellence ♦ Teamwork City of Southlake City Council meeting agenda November 18, 2014 Page 2 of 9 County, Texas and located at 500 West SH 114, Southlake, Texas. C. Seek advice of the city attorney regarding the elimination of permitted uses in the 1-1 Light Industrial District. 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 551.074: Deliberation regarding personnel matters a. Deliberate the appointment, employment, evaluation, reassignment, duties, discipline or dismissal of the City Manager. 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 2. Mobility Forum 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 November 4, 2014 regular City Council meeting. B. Cancel or reschedule the December 16, 2014 City Council meeting. C. Approve the amendment of Exhibit A of the Republic Waste Services of Texas, Ltd. contract to allow the addition of a commercial fee for excess additional yardage. D. Approve permit to allow a holiday themed art gallery exhibit November 21, 2014 — January 5, 2015 in Town Hall lobby. City of Southlake values: Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork City of Southlake City Council meeting agenda November 18, 2014 Page 3 of 9 E. Approve revised Library Collection Development Policy. F. Approve Southlake Parks Development Corporation matching funds request from Bob Jones Nature Center organization to contribute to construction cost of a pollinator garden at Bob Jones Nature Center. G. Approve a one year Plat Extension of the Plat Revision for Lot 1 R, Block B, MTP -IBM Addition No. 1 (ZA13-124) 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 at1 East Kirkwood Boulevard, Southlake, Texas. H. Ordinance No. 1109, 1St Reading, Changing the street name of Burgundy Lane, located east of the 1800 block Cheyenne Park Lane and west of the 900 block Giverny Lane, to Picardy Lane. (If approved, the public hearing will be held on December 2, 2094.) I. Ordinance No. 480-605b (ZA14-125), 1St Reading, Zoning Change and Site Plan for Watermere Medical Plaza on property being described as Lot 1 R, Block 2, Watermere at Southlake Addition, an addition to the City of Southlake, Tarrant County, Texas, located at 2815 West Southlake Boulevard, Southlake, Texas. Current Zoning: "S -P-1" Detailed Site Plan District. Requested Zoning: "S -P-1" Detailed Site Plan District. SPIN #11. (If approved, the public hearing will be held on December 2, 2094.) J. Ordinance No. 1108, 1St Reading, Adopt ordinance to abandon a portion of a permanent sanitary sewer easement in a tract of land deeded to Keller Watermere, L.P. as recorded in Instrument No. D207010399 of deed records of Tarrant County. (If approved, the public hearing will be held on December 2, 2094.) Tabled Items: K. Ordinance No. 480-686 (ZA14-129), 1St Reading, Zoning Change and Site Plan for Zelda Office Development on property described as a portion of Tract 3A, O.W. Knight Survey, Abstract No. 899, City of Southlake, Tarrant County, Texas and located at 803 East Southlake Boulevard, Southlake, Texas. Current Zoning: "AG" Agricultural District. Requested Zoning: "0-1" Office District. SPIN #9. (This item was tabled until the November 20, 2094 Planning and Zoning Commission meeting. If action is taken at that meeting, this item will be considered for 1St Reading by the City Council at the December 2, 2014 City Council meeting.) City of Southlake values: Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork City of Southlake City Council meeting agenda November 18, 2414 Page 4 of 9 L. ZA14-099, Site Plan for Southlake Town & Country on property being described as Tract 1F and a portion of Tract 1, J. West Survey, Abstract No. 1620, City of Southlake, Tarrant County, Texas and located at 500 West State Highway 114, Southlake, Texas. Current Zoning: "S -P-2" Generalized Site Plan District. SPIN #3. PUBLIC HEARING (This item was tabled until the November 20, 2094 Planning and Zoning Commission meeting. If action is taken at that meeting, this item will be considered for 9sf Reading by the City Council at the December 2, 2094 City Council meeting.) M. ZA14-108, Preliminary Plat for Bailey Business Park on property described as Tracts 2E1 and 2E2 of the J. Gibson Survey, Abstract No. 591, City of Southlake, Tarrant County, Texas and located at 1363 Brumlow Avenue, Southlake, Texas. Current Zoning: "S -P-1" Detailed Site Plan District. Requested Zoning: "S -P-1" Detailed Site Plan District with I- 1 `Light Industrial uses. SPIN #8. (This item was administratively tabled until the December 2, 2094 City Council meeting.) N. Ordinance No. 480-680 (ZA14-107), 1St 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. Requested Zoning: "S -P-1 "-Detailed Site Plan District with 14 Light industrial District uses. SPIN #8. (At the request of the applicant, this item has been tabled until the December 2, 2094 City Council meeting.) O. 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. (This item was administratively tabled until the January 6, 2095 City Council meeting.) P. Resolution No. 14-039 (ZA14-115), Specific Use Permit for an Above Ground Cistern 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: "I-1" Light Industrial District. SPIN #8. PUBLIC HEARING (This item was administratively tabled until the January 20, 2095 City Council meeting.) Q. Resolution No. 14-045 (ZA14-137), Specific Use Permit for Outdoor Sales and Services for Fans United Tailgate Event on property described as Lot 5, Block 1, The Shops of Southlake, an addition to the City of Southlake, Tarrant County, Texas and located at 1431 East Southlake Boulevard, City of Southlake values. Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence s Teamwork City of Southlake City Council meeting agenda November 18, 2014 Page 5 of 9 Southlake, Texas. SPIN #8. (This Item has been administratively tabled until the December 2, 2094 City Council meeting.) R. Ordinance No. 480-684 (ZA14-120), 15' 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. (At the request of the applicant, this item has been tabled until the December 2, 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. Ordinance No. 1105, 2nd 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. PUBLIC HEARING B. Ordinance No. 1106, 2"d 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. PUBLIC HEARING C. Ordinance No. 480-681 (ZA14-117), 2 I 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. PUBLIC HEARING D. ZA14-127, Preliminary Plat for Lots 1 and 2, Combe-Yetman Addition on property described as Tracts 8A5, 8A8B, 8A8 and 8A9, Thomas M. Hood Survey, Abstract No, 706, City of Southlake, Tarrant County, Texas and located at 339, 345 and 351 West Highland Street, Southlake, Texas. Current Zoning: "AG" Agricultural District. SPIN #7. City of Southlake values: Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork City of Southlake City Council meeting agenda November 18, 2014 Page G of 9 E. Ordinance No. 480-682 (ZA14-119), 2nd 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. PUBLIC HEARING F. Ordinance No. 480-491b (ZA14-110), 2nd Reading, Zoning Change and Site Plan for Ancor Capital Partners on property described Lot 1, Block 1, Morrison Office Park, City of Southlake, Tarrant County, Texas and located at 2720 East State Highway 114, Southlake, Texas. Current Zoning: "S -P-2" Generalized Site Plan District. Requested Zoning: "S -P-2" Generalized Site Plan District. SPIN #4. PUBLIC HEARING G. ZA14-136, Site Plan for Trinity Partners Professional Office on property described as Lot 4, T. Mahan No. 1049 Addition, City of Southlake, Tarrant County, Texas and located at 450 North Kimball Avenue, Southlake, Texas. Current Zoning: 1-1" Light Industrial District. SPIN #4. PUBLIC HEARING H. This item was intentionally left blank. 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 West Southlake Boulevard, Southlake, Texas. Current Zoning: "C-3" General Commercial District. SPIN #10. PUBLIC HEARING 7. Ordinances, first readings, and related items: A. Ordinance No. 480-542b (ZA14-082), 15t 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. (if approved, the public hearing will be held on December 2, 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.) City of Southlake values; Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork City of Southlake City Council meeting agenda November 18, 2014 Page 7 of 9 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, November 14, 2014 by 6:00 p.m., pursuant to the Texas Governrfpt Code, Chapter 551. bL-U'jr.,J a •�•' s•o�]( Lori Payne, TRM o ern City Secretary If you plan to attend this pubfr&,m f JWWnd 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 November 18, 2014 Page 8 of 9 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 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 November 18, 2014 Page 9 of 9 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