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2015-03-17CITY 0 SOUTHLAKE TEXAS REGULAR CITY COUNCIL MEETING MARCH 17,201 LOCATION: 1400 Main Street, Southlake, Texas 76092 Council Chambers in Town Hall WORK SESSION: 5:30 P.M. 1. Call to order 2. Invocation: Nick Billardello 3. Chamber of Commerce Update 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 city attornev a. Seek advice of the city attorney regarding legal issues related to legislative items. 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. City of Southlake values: Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork City of Southlake City Council meeting agenda March 17, 2015 Page 2 of 8 2. Section 551.072: Deliberation re-garding real ProRerty 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 reggarding 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 Strategic Priority Update a. Sidewalk Construction Status 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 March 3, 2015 regular City Council meeting. B. Authorize the City Manager to approve Change Order No. 1 with MK Painting, Inc. to repaint the exterior of Pearson Ground Storage Tank #1 in an amount not to exceed $106,250. C. Approve an interlocal agreement with the City of Keller for the FM 1938 Phase II widening roadway project. D. Ordinance No. 850A, 1St Reading, Approve an amendment creating a "No Knock" and a "Solicitors Welcome" list on the city website as well as requiring solicitors, canvassers, and handbill distributers to wear traffic safety vests while conducting solicitation activities. (If approved, the public hearing will be held on April 7, 2015.) E. Approve the 2014 Comprehensive Annual Financial Report. City of Southlake values: Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork City of Southlake City Council meeting agenda March 17, 2015 Page 3of8 F. Resolution No. 15-021, Authorizing a Notice of Intent to issue Certificates of Obligation. G. Resolution No. 15-022, Cancel the May 9, 2015 Special Election and declare the unopposed candidate elected to office. Tabled Items: H. 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, 2095 City Council meeting to the April 7, 2015 City Council meeting.) ZA14-100, Preliminary Plat for Southlake Town & Country on property described as Tracts 1 & 1F, 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, 2095 City Council meeting.) J. 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. (This item was tabled at the March 3, 2095 City Council meeting to the April 7, 2095 City Council meeting. If approved, the public hearing will be held on April 29, 2015.) K. Resolution No. 15-018 (ZA15-009), Specific Use Permit for two temporary construction trailers at Verizon Wireless on property described as Lot 1, Block 1, Solana Addition, an addition to the City of Southlake, Tarrant County, Texas and Tracts 1 C1A, 1 C1 B, 1C2 and 1F, James B. Martin Survey, Abstract No. 1134, City of Southlake, Tarrant County, Texas and located at 500 West Dove Road, 747 West State Highway 114, and 2600 Kirkwood Boulevard, Southlake, Texas. Current Zoning: "NR -PUD" Non - Residential Planned Unit Development District. The purpose of this request is to allow for two temporary construction trailers until December 31, 2017. SPIN #1. PUBLIC HEARING (This item was tabled at the March 5, 2015 Planning and Zoning Commission meeting. If approved at the City of Southlake values: Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork City of Southlake City Council meeting agenda March 17, 2015 Page 4 of 8 March 19, 2015 Planning and Zoning Commission meeting, the public hearing will be held at the April 7, 2015 City Council meeting.) L. Ordinance No. 480-564b (ZA15-002), 15t Reading, Zoning Change and Development Plan 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 413, Carillon Phase 4C, Carillon Phase 5A, Carillon Phase 5B, 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 applicant's request, this item has been tabled to the April 7, 2015 City Council meeting.) M. Ordinance No. 1107 (CP14-003), 2nd 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 applicant's request, this item has been tabled to the April 21, 2015 City Council meeting.) N. Ordinance No. 480-687 (ZA14-131), 2nd Reading, Zoning Change and Concept Plan 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. (The applicant has requested amending the zoning application to request "RPUD" Residential Planned Unit Development to allow for two residential lots instead of "SF -30" Single Family Residential to allow for two residential lots). PUBLIC HEARING (At the applicant's request, this item has been tabled to the April 21, 2015 City Council meeting.) O. 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 applicant's request, this item has been tabled to the April 21, 2015 City Council meeting.) City of Southlake values: Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork City of Southlake City Council meeting agenda March 17, 2015 Page 5 of 8 P. 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 applicant's request, this item has been tabled to the April 7, 2095 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. 480-510B (ZA15-007), 2nd Reading, Zoning Change and Development Plan for 3010 Burney Lane on property described as Lots 1R 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. PUBLIC HEARING B. Resolution No. 15-017 (ZA15-015), Specific Use Permit for a Mass Gathering Event for Showcase in the Square on property described as Southlake Town Square Phase I and Phase IV, an addition to the City of Southlake, Tarrant County, Texas and being generally located between East State Highway 114, North Carroll Avenue, East Southlake Boulevard and Central Avenue, Southlake, Texas. Current Zoning: "DT" Downtown District. SPIN #8. PUBLIC HEARING 7. Ordinances, first readings, and related items: A. Ordinance No. 480-558b (ZA15-005), 1St Reading, Zoning Change and Site Plan/Concept Plan for Harris Methodist Southlake on property described as Lots 1R1, 1R2 and 1R3, Block 1, Garbutt Addition, an addition to the City of Southlake, Tarrant County, Texas and located at 1565, 1555 and 1545 East Southlake Boulevard, Southlake, Texas. Current Zoning: "S -P-2" Generalized Site Plan District. Requested Zoning: City of Southlake values: Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork City of Southlake City Council meeting agenda March 17, 2015 Page 6 of 8 "S -P-2" Generalized Site Plan District. SPIN #8. (If approved, the public hearing will be held on April 7, 2015.) B. 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 April 7, 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. CERTIFICATE hereby certify that the above agenda was posted on the official bulletin boards at Town Hall, 1400 Main Street, Southlake, Texas, on Friday, March 13, 2015 by 6:00 p.m., pursuant to the Texas Governmtsrpoe, Chapter 551. ., •• x r+ Lori Payne, TRM o; :+ City Secretary - i • OIL a e If you plan to attend this public *,etirr00amaa q a disability that requires special needs, please advise the City Secretary's Office 48 hours`1%,jq g'8•Tt 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 17, 2015 Page 7 of 8 EXECUTIVE SESSION Section 551.071: Consultation with attorne . 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 re-garding real propeLty. 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 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 17, 2015 Page 8 of 8 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 eme[gengy emergencymanagement 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