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2015-05-05CITY OF SOUTHLAKE TEXAS REGULAR CITY COUNCIL MEETING MAY 5 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: Josh Holcombe 3. Honors and Recognitions A. Proclamation for Building Safety Month (International Code Council) B. Proclamation for International Culture Club 4. Local Business Report 5. Recognition of outgoing City Council members Break for reception Reconvene: 6. 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 anytime during the meeting that a need arises for the City 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 4 Commitment to Excellence ♦ Teamwork City of Southlake City Council meeting agenda May 5, 2015 Page 2 of 9 1. Section 551.071: Consultation with city attorney a. Seek advice of the city attorney regarding legal issues related to legislative items. b. Seek advice of the city attorney regarding contractual dispute regarding pending Public Works project, specifically repainting of the Pearson groundwater storage tanks. 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 a. 2014 State TRAPS Awards 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 April 21, 2015 regular City Council meeting. B. This item was intentionally left blank. C. Cancel the July 7, 2015 and July 21, 2015 City Council meetings. D. ZA14-041, Preliminary Plat for Torian Place, Lot 6R, Block 1, Meadowmere Addition, and Lot 3R, F. Throop No. 1511 Addition on property being described as Tracts 1P, 1P1, 1Q1, 1Q, 1R, 1X1, 1X, 1Y,1Z, Lots 3A and 3B F. Throop Survey, Abstract No. 1511 and Lot 6, Block 1, Meadowmere Addition, an addition to the City of Southlake, City of Southlake values: Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork City of Southlake City Council meeting agenda May 5, 2015 Page 3 of 9 Tarrant County, Texas and being located at 2100, 2118, 2122, 2128, 2132, 2136, 2140, 2148, 2152, and 2160 East Dove Road and 1840 and 1860 North Kimball Avenue, Southlake, Texas. Current Zoning: "R -PUD" Residential Planned Unit Development District, "SF -30" Single Family Residential District and "SF -1A" Single Family Residential District. SPIN #4. E. ZA14-074, Plat Revision for Torian Place, Lot 6R, Block 1, Meadowmere Addition, and Lot 3R, F. Throop No. 1511 Addition on property being described as Tracts 1P, 1P1, 1Q1, 1 Q, 1R, 1X1, 1X, 1 Y,1 Z, Lots 3A and 3B F. Throop Survey, Abstract No. 1511 and Lot 6, Block 1, Meadowmere Addition, an addition to the City of Southlake, Tarrant County, Texas and being located at 2100, 2118, 2122, 2128, 2132, 2136, 2140, 2148, 2152, and 2160 East Dove Road and 1840 and 1860 North Kimball Avenue, Southlake, Texas. Current Zoning: "R -PUD" Residential Planned Unit Development District, "SF -30" Single Family Residential District and "SF - 1A" Single Family Residential District. SPIN #4. F. Ordinance No. 480-694 (ZA15-017) 1st Reading, Zoning Change and Concept Plan for 3165 Johnson Road on property described as Tract 1 C1, Jesse G. Allen Survey, Abstract No. 18, Southlake, Tarrant County, Texas and located at 3165 Johnson Road, Southlake, Texas. Current Zoning: "AG" Agricultural District. Proposed Zoning: "SF -1A" Single Family Residential District. SPIN #11. (If approved, the public hearing will be held May 19, 2095.) Tabled Items: G. Ordinance No. 480-690 (ZA14-144), 1 sf Reading, Zoning Change and Development Pian 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. (At the applicant's request, this item has been tabled to the May 19, 2095 City Council meeting) H. Ordinance No. 480-684 (ZA14-120), 2"d 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 June 2, 2095 City Council meeting.) City of Southlake values: Integrity * Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork City of Southlake City Council meeting agenda May 5, 2015 Page 4 of 9 Ordinance No. 480-692 (ZA14-076), 2nd Reading, Zoning Change and Site Plan 1 Concept Plan for the Kumon Learning Center on property described as Lots 3 and 4, Gumm Scifres Addition, an addition to the City of Southlake, Tarrant County, Texas and located at 131 and 151 South Village Center Drive, Southlake, Texas. Current Zoning: "0-1" Office District. Proposed Zoning: "S -P-1" Detailed Site Plan District. SPIN #8. PUBLIC HEARING (At the applicant's request, this item has been tabled to the May 19, 2015 City Council meeting.) J. Ordinance No. 480-693 (ZA15-014), 1St Reading, Zoning Change and Concept Plan for 1860 Sunshine Lane on property described as 3A1 F5, Frances Throop Survey, Abstract No. 1511, City of Southlake, Tarrant County, Texas and located at 1860 Sunshine Lane, Southlake, Texas. Current Zoning: "SF -1A" Single Family Residential District. Proposed Zoning: "SF -20A" Single Family Residential District. SPIN #4. (This item has been administratively tabled to the May 19, 2015 City Council meeting.) K. Ordinance No. 480-657a (ZA15-032) 1St Reading, Zoning Change and Site Plan for Cambria Suites on property described as Tracts 3A1A and 3A2A, Thomas Mahan Survey, Abstract No. 1049, City of Southlake, Tarrant County, Texas and located at 400 and 470 North Kimball Avenue, Southlake, Texas. Current Zoning: "S -P-2" Generalized Site Plan District. Proposed Zoning: "S -P-2" Generalized Site Plan District. SPIN #4. (At the applicant's request, this item has been tabled to the May 19, 2015 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. ZA15-023, Site Plan for Don Davis Investments on property described as Lot 4R, Block C, North Davis Business Park, an addition to the City of Southlake, Tarrant County, Texas and located at 2105 Greenbriar Drive, Southlake, Texas. Current Zoning: "I-1" Light Industrial District. SPIN #10. PUBLIC HEARING City of Southlake values: Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork City of Southlake City Council meeting agenda May 5, 2015 Page 5 of 9 B. Resolution No. 15-024, (ZA15-024) Specific Use Permit for the sales and service of used automobiles, trucks, or motorhomes on property described as Lot 4R, Block C, North Davis Business Park, an addition to the City of Southlake, Tarrant County, Texas and located at 2105 Greenbriar Drive, Southlake, Texas. Current Zoning: "I-1" Light Industrial District. SPIN #10. PUBLIC HEARING C. 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. Original Zoning Request: "SF -30" Single Family Residential District. Amended Zoning Request: "R -PUD" Residential Planned Unit Development District. SPIN #3. PUBLIC HEARING D. 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. Original Zoning Request: "SF -30" Single Family Residential District. Amended Zoning Request: "R -PUD" Residential Planned Unit Development District. SPIN #3. PUBLIC HEARING E. 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. Original Zoning Request: "SF - 30" Single Family Residential District. Amended Zoning Request: "R -PUD" Residential Planned Unit Development District. SPIN #3. F. Ordinance No. 480-691 (ZA15-022), 2nd Reading, Zoning Change and Concept Plan for 1483 Brown Lane on property described as Tract 1G5, J.H. Childress Survey Abstract No. 253, City of Southlake, Tarrant County, Texas and located at 1483 Brown Lane, Southlake, Texas. Current Zoning: "AG" Agricultural District. Requested Zoning: "SF -1A" Single Family Residential District. SPIN #5. PUBLIC HEARING G. Resolution No. 15-020 (ZA14-141), Specific Use Permit for a Residential Solar Energy System at 2213 Patterson Way on property described as Lot 6, Block 1, Patterson's Pond Addition, an addition to the City of Southlake, Tarrant County, Texas, located at 2213 Patterson Way, Southlake, Texas. City of Southlake values: Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork City of Southlake City Council meeting agenda May 5, 2015 Page G of 9 Current Zoning: "SF -20A" Single Family Residential District. SPIN #4. PUBLIC HEARING H. 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 C1 A, 1 C1 B, 1 C2 and IF, 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. SPIN #1. PUBLIC HEARING Ordinance No. 1116, 2nd Reading, Adopt ordinance to abandon a permanent utility easement in a tract of land described as Lot 1, Block 1, Harrell Place, recorded in Cabinet A, Slide(s) 5839, of the map and/or plat records of Tarrant County, Texas and deeded to Jake Squyres and Darla Squyres. PUBLIC HEARING J. Ordinance No. 1119, Authorizing the issuance of Tax and Waterworks and Sewer System Revenue Certificates of Obligation, Series 2015. PUBLIC HEARING 7. Ordinances, first readings, and related items: A. This item was intentionally left blank. B. Ordinance No. 480-654b (ZA15-025) 1St Reading, Zoning Change and Concept Plan for Legends at Southlake on property described as Lots 1-6, Legends at Southlake, an addition to the City of Southlake, Tarrant County, Texas located at 2300-2380 Dean Way, Southlake, Texas. Current Zoning: "S -P-2" Generalized Site Plan District. Requested Zoning: "S -P-2" Generalized Site Plan District. SPIN #8. (If approved, the public hearing will be held May 19, 2015.) 8. Resolutions: (There are no items on this agenda.) 9. Other items for consideration: A. Approve Amendment No. 1 to State Highway 114 Texas Turnaround Memorandum of Understanding for the design and construction of a south side acceleration lane to be funded by Gateway Church, Tarrant County, and the City of Southlake. 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 May 5, 2015 Page 7 of 9 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, May 1, 2015 by 6:00 p.m., pursugpt to tAe Texas GovergWgpt Code, Chapter 551. Lori Payne, TF City Secretary 4tr-•- N ^+i v If you plan to attend this NblidltmeeCitig qid have a disability that requires special needs, please advise the City Secretary161,, fJg§,,A8� hours in advance at 817-7488016 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 May 5, 2015 Page 8of9 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 ersonnel 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 May 5, 2015 Page 9 of 9 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 lans 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