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2015-03-03lugCITY OF SOUTHLAK...E TEXAS REGULAR CITY COUNCIL MEETING MARCH 3 2015 LOCATION: 1400 Main Street, Southlake, Texas 76092 Council Chambers in Town Hall WORK SESSION: 5:30 P.M. 1. Call to order 2. Invocation: Nick Billardello 3. Local Business Report 4. Honors and Recognitions A. Recognition of Southlake Sister Cities student delegation to Wuzhong, China B. Special recognition of Southlake pioneer family matriarch, Virginia Johnson Clow 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 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 citV attorney as to the Rosted sub'ect matter of this City Council meeting. 1. Section 551.071: Consultation with city attorney a. Seek advice of the city attorney regarding legal issues related to legislative items. City of Southlake values: Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork City of Southlake City Council meeting agenda March 3, 2015 Page 2 of 9 b. Seek advice of the city attorney regarding appeals to the Board of Adjustment and Tree Board concerning interpretation of the Zoning Ordinance, as amended, and the Tree Preservation Ordinance, as amended. C. Seek advice of the city attorney regarding amending the Code of Ordinances of the City of Southlake to address assisted living facilities, boarding homes, and sexually oriented businesses. 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 of city board and commission members. 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 Counciimember 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 February 17, 2015 regular City Council meeting. B. Resolution No. 15-015, Approve a resolution of the City of Southlake, Texas, regarding a 380 agreement amendment approving the terms and conditions of a program to promote economic development and stimulate business and commercial activity in the City; authorize the Mayor to execute an agreement with Excel Southlake I LP; and provide an effective date. City of Southlake values: Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork City of Southlake City Council meeting agenda March 3, 2015 Page 3 of 9 C. Resolution No. 15-016, Approve a resolution of the City of Southlake, Texas, regarding a 380 agreement amendment approving the terms and conditions of a program to promote economic development and stimulate business and commercial activity in the City; authorize the Mayor to execute an agreement with Hines Southlake Land Limited Partnership; and provide an effective date. D. Award a contract with Hard Kountry Concrete through an interlocal agreement with the City of North Richland Hills. E. Approve an agreement for engineering services with TranSystems Corporation for the FM1938 Phase II widening roadway project construction phase services in the amount of $60,000. F. Approve contract with Manning Concrete for reconstruction of South Field Road in Bob Jones Park in an amount not to exceed $225,000. Tabled Items: G. 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 at the February 3, 2015 City Council meeting to the April 7, 2095 City Council meeting.) H. ZA14-100, Preliminary Plat for Southlake Town & Country on property described as Tracts 1 & 1 F, 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. (This item was tabled at the February 3, 2015 City Council meeting to the April 7, 2015 City Council meeting.) Ordinance No. 1107 (CP14-003), 2"d Reading, Land Use Plan Amendment from Low Density Residential to Medium Density Residential on property being described as Tract 1A1C of the Absolom H. Chivers Survey, Abstract No. 525, City of Southlake, .Tarrant County, Texas located at 825 East Dove Road, Southlake, Texas. Current Zoning: "AG" Agricultural District. Requested Zoning: "SF -30° Single Family Residential District. SPIN #3. PUBLIC HEARING (At the request of the applicant, this item was tabled at the February 17, 2015 City Council meeting to the March 17, 2095 City Council meeting,) City of Southlake values: Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork City of Southlake City Council meeting agenda March 3, 2015 Page 4of9 J. Ordinance No. 480-687 (ZA14-131), 2"d Reading, Zoning Change and Concept Plan for Lot 1 and Lot 2 Block 1, Edwards Park Addition on property being described as Tract 1A1 C of the Absolom H. Chivers Survey, Abstract No. 525, an addition to the City of Southlake, Tarrant County, Texas located at 825 East Dove Road, Southlake, Texas. Current Zoning: "AG" Agricultural District. Requested Zoning: "SF -30" Single Family Residential District. SPIN #3. (The applicant has requested amending the zoning application to request SF -1A "Single Family Residential' instead of SF -30 "Single Family Residential" and the concept plan to indicate one lot instead of two lots). PUBLIC HEARING (At the request of the applicant, this item was tabled at the February 17, 2015 City Council meeting to the March 17, 2015 City Council meeting.) K. ZA14-132, Preliminary Plat for Lot 1 and Lot 2, Block 1, Edwards Park Addition on property being described as Tract 1A1C of the Absolom H. Chivers Survey, Abstract No. 525, an addition to the City of Southlake, Tarrant County, Texas located at 825 East Dove Road, Southlake, Texas. Current Zoning: "AG" Agricultural District. Requested Zoning: "SF -30" Single Family Residential District. SPIN #3. (At the request of the applicant, this item was tabled at the February 17, 2015 City Council meeting to the March 17, 2015 City Council meeting.) L. Ordinance No. 480-564b (ZA15-002), 1St Reading, Zoning Change and Development Pian for the Carillon Residential District located on property described as Lots 1-12 Block 23, Lots 1-16 Block 24, and Lots 1-16 Block 6 of Carillon Phase 1A and all of Carillon Phase 4A, Carillon Phase 4B, Carillon Phase 4C, Carillon Phase 5A, Carillon Phase 513, and Carillon Phase 5C, City of Southlake, Tarrant County, Texas, located mainly north of East Kirkwood Boulevard between North White Chapel Boulevard and North Carroll Avenue and south of Estes Park subdivision in Southlake, Texas. Current Zoning: "ECZ" Employment Center District. Proposed Zoning: "ECZ" Employment Center District. SPIN #3. (At the request of the applicant, this item was tabled to the March 17, 2015 City Council meeting.) M. Ordinance No. 480-684 (ZA14-120), 2nd 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 District. Requested Zoning: "S -P-1" Detailed Site Plan District. SPIN #10. PUBLIC HEARING (At the request of the applicant, this item was tabled to the March 17, 2015 City Council meeting.) City of Southlake values: Integrity ♦ Innovation ♦ Accountability 1 Commitment to Excellence ♦ Teamwork City of Southlake City Council meeting agenda March 3, 2015 Page 5 of 9 REGULAR AGENDA: 5. Public Forum. (The Public Forum will not begin prior to 7:04 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. 480-686 (ZA14-129), 2nd Reading, Zoning Change and Concept/Site Plan for Zelda Offices on property described as Lot 1, Block A, Zelda Offices, an addition to the City of Southlake, Tarrant County, Texas, and Tract 3A, O.W. Knight Survey, Abstract No. 899, City of Southlake, Tarrant County, Texas and located at 801 and 803 East Southlake Boulevard. Current Zoning: "O-1" Office District and "AG" Agricultural District. Requested Zoning: "S -P-2" Detailed Site Plan District. SPIN #9. PUBLIC HEARING B. ZA14-130, Preliminary Plat for Lots 2 and 3, Zelda Offices on property described as 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: "S -P-2" Detailed Site Plan District. SPIN #9. C. Resolution No. 15-014 (ZA15-008), Specific Use Permit for Country in the Square mass gathering event on property described as Blocks 6, 7 and 8, and adjacent rights of way, Phase I, Southlake Town Square, an addition to the City of Southlake, Tarrant County, Texas and located at 1400 Main Street, 1400 Fountain Place and 1400 East Southlake Boulevard, Southlake, Texas. Current Zoning: "DT" Downtown District. SPIN #8. PUBLIC HEARING D. Ordinance No. 1114, 2nd Reading, Appoint an alternate municipal court judge and authorize the mayor to execute an agreement and provide an effective date. PUBLIC HEARING E. Ordinance No. 1115, 2nd Reading, Adopt ordinance to abandon permanent water, sewer and drainage easement as recorded in instrument D208339849 of the Deed Records of Tarrant County, Texas, situated in the Thomas M. Hood Survey Abstract No. 706, in the City of Southlake, Tarrant County, Texas, being part of a 72.734 acre tract as described in County Clerks File No. D206217962 of the Deed Records of Tarrant County, Texas and being more particularly described as Shady Oaks Phase 1A. PUBLIC HEARING City of Southlake values: Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork City of Southlake City Council meeting agenda March 3, 2015 Page 6 of 9 7. Ordinances, first readings, and related items: A. Ordinance No. 480-5108 (ZA15-007), 1St Reading, Zoning Change and Development Plan for 3010 Burney Lane on property described as Lots 1 R and 2R, R. D. Price No. 1207 Addition, an addition to the City of Southlake, Tarrant County, Texas, and located at 3000 and 3010 Burney Lane. Current Zoning: "R -PUD" Residential Planned Unit Development District. Requested Zoning: "R -PUD" Residential Planned Unit Development District. SPIN #2. (If approved, the public hearing will be held on March 17, 2095.) B. Ordinance No. 480-690 (ZA14-144), 1St Reading, Zoning Change and Development Plan for Shady Lane on property described as Tracts 5C1, 5E1, 5E and 5D2C, Samuel Freeman Survey, Abstract No. 525, City of Southlake, Tarrant County, Texas and located at 853, 909, 1001 and 1015 Shady Lane, Southlake, Texas. Current Zoning: "SF -1A" Single Family Residential District. Requested Zoning: "R -PUD" Residential Planned Unit Development District. SPIN #4. (If approved, the public hearing will be held on March 17, 2015.) C. Ordinance No. 480-273a (ZA14-149), 15t Reading, Zoning Change and Site Plan for offices at 7511771 East Southlake Boulevard on property described as Lot 9, O.W. Knight No. 899 Addition, an addition to the City of Southlake, Tarrant County, Texas located at 751 East Southlake Boulevard, Southlake, Texas. Current Zoning: "S -P-1" Detailed Site Plan District. Requested Zoning: "S -P-1" Detailed Site Plan District. SPIN #9. (If approved, the public hearing will be held on March 17, 2015.) 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. City of Southlake values: Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork City of Southlake City Council meeting agenda March 3, 2015 Page 7 of 9 CERTIFICATE hereby certify that the above agenda was posted on the official bulletin boards at Town Hall, 1400 Main Street, Southlake,jgs� on Friday, February 27, 2015 by 6:00 p.m., pursuant to the Texas Govern ow551. O °• % ♦+ } • e a. Lori Payne, TRNf p 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 March 3, 2015 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. 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 to deliberate the offer of a financial or other incentive to a business prospect as described above. City of Southlake values: Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork City of Southlake City Council meeting agenda March 3, 2015 Page 9of9 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 mTy 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