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2015-06-02CITY OF SOUTHLAKE TEXAS REGULAR CITY COUNCIL MEETING JUNE 2, 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: Ricky Franklin 3. Local Business Report 4. Mayoral Proclamations a. Proclamation for Southlake Carroll Golf Teams b. Proclamation for Southlake Carroll Robotics Team 5. City Council official photo Break for photo session 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 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 subject matter of this City Council meeting. City of Southlake values: Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork City of Southlake City Council meeting agenda June 2, 2015 Page 2 of 8 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. C. Seek advice of the city attorney regarding legal issues pertaining to litigation. 2. Section 551.072: Deliberation renardina real prooert a. Discuss right of way acquisition and process of potential purchase or lease of real property for city facilities and projects. A. Discuss property acquisition for 101 Ascot Drive. 3. Section 551.074: Deliberation renarding 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 a. City-wide beautification enhancements 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 May 19, 2015 regular City Council meeting. B. Plat Extension for ZA14-042, Plat Revision for Gateway Lakes on property described as Lot 1, Block 3, Gateway Church — 114 Campus, Tract 2A4, T. Mahan Survey, Abstract No. 1049 and a portion of Lot 1 and all of Lot 2, Hanna Addition, City of Southlake, Tarrant County, Texas and located at 700, 890, 1000 and 1030 North Kimball Avenue and 2000 East Kirkwood Boulevard, Southlake, Texas. Current Zoning: "TZD" Transition Zoning District. City of Southlake values: Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork City of Southlake City Council meeting agenda June 2, 2015 Page 3 of 8 C. Ordinance No. 480-696 (ZA15-046) 1St Reading, Zoning Change and Concept Plan for 1961 East Highland Street on property described as Tracts 2D and 2, Thomas Mahan Survey, Abstract No. 1049, City of Southlake, Tarrant County, Texas and located at 1961 and 1971 East Highland Street. Current Zoning: "AG" Agricultural District. Proposed Zoning: "SF -2" Single Family Residential District. SPIN #4. (If approved, the public hearing will be held on June 16, 2015.) D. ZA15-044, Preliminary Plat 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. SPIN #4. E. Ordinance No. 1043A, 1St Reading, Approve a Speed Limit Ordinance Amending Chapter 18, Section 18-79 of the Southlake City Code establishing a new speed limit on a portion of North Kimball Avenue. (If approved, the public hearing will be held on June 16, 2095.) F. Ordinance No. 1120, 1St Reading, Adopt ordinance to abandon permanent water, sewer and drainage easement as recorded in instrument D208215207 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 Clerk File No. D206217962 of the Deed Records of Tarrant County, Texas and being more particularly described as Shady Oaks Phase 1 A. (If approved, the public hearing will be held June 16, 2095.) G. Approve contract with Eagle AVL for audiovisual services at City special events in excess of $50,000. H. Resolution No. 15-032, Approving a negotiated settlement between the Atmos Cities Steering Committee ("ACSC") and Atmos Energy Corp., Mid - Tex Division regarding the company's 2014 and 2015 rate review mechanism filings; approving a settlement agreement with attached rate tariffs and proof of revenues; declaring existing rates to be unreasonable; adopting tariffs that reflect rate adjustments consistent with the negotiated settlement; finding the rates to be set by the settlement tariffs to be just and reasonable and in the public interest; requiring the company to reimburse ACSC's reasonable ratemaking expenses; determining that this resolution was passed in accordance with the requirements of the Texas Open Meetings Act; adopting a savings clause; declaring an effective date; and requiring delivery of this resolution to the company and the ACSC's legal counsel. City of Southlake values: Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork City of Southlake City Council meeting agenda June 2, 2015 Page 4 of 8 Confirm City Manager's appointment of James Brandon as Chief of Police. Tabled Items: J. 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 Zoning District. Requested Zoning: "S -P-1" Detailed Site Plan District. SPIN #10. PUBLIC HEARI NG (At the request of the applicant, this item has been tabled to the June 16, 2015 City Council meeting.) K. 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. (At the May 19, 2095 City Council meeting, this item was tabled to the September 1, 2095, City Council meeting.) L. Resolution No. 15-028, (ZA15-034) Specific Use Permit for a Telecommunications Tower, Antennas, and Ancillary Buildings at 1604 Hart Street on property being described as Lot 4, Block A of the Hart Industrial Park Addition, an addition to the City of Southlake, Tarrant County, Texas located at 1604 Hart Street, Southlake, Texas. Current Zoning: 1-1" Light Industrial District. SPIN #8. PUBLIC HEARING (This item was tabled at the May 21, 2015 Planning and Zoning Commission meeting. If approved at the June 4, 2015 Planning and Zoning Commission meeting, a public hearing will be held at the June 16, 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: City of Southlake values: Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork City of Southlake City Council meeting agenda June 2, 2015 Page 5 of 8 A. Ordinance No. 480-657a (ZA15-032), 2nd 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. PUBLIC HEARING B. Ordinance No. 480-654b (ZA15-025), 2nd 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. PUBLIC HEARING C. ZA15-026, Site Plan for Lots 3-6 at Legends at Southlake on property described as Lots 3-6, Legends at Southlake, an addition to the City of Southlake, Tarrant County, Texas and located at 2320, 2345, 2360 and 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. PUBLIC HEARING D. Ordinance No. 1118, 2nd Reading, Approve ordinance for no parking on Dean Way, Winding Ridge Trail, and Bluffview Terrace. PUBLIC HEARING E. Ordinance No. 1073-A, 2nd Reading, Approve an ordinance reauthorizing the Community Engagement Committee. PUBLIC HEARING 7. Ordinances, first readings, and related items: A. Ordinance No. 480-695 (ZA15-030), 1 sl Reading, Zoning Change and Site Plan for TrueZero on property described as Lot 1 R, Block 5, Cornerstone Business Park Addition, Southlake, Tarrant County, Texas and located at 305 South Nolen Drive, Southlake, Texas. Current Zoning: "S -P-2" Generalized Site Plan District. Proposed Zoning: "S -P-1" Detailed Site Plan District. SPIN #8. (If approved, the public hearing will be held on June 16, 2015.) B. Ordinance No. 480-RRRR, 1St Reading, an amendment to the City's Zoning Ordinance No. 480, as amended, to remove "Commercial school, including trade school" as a permitted use in the 1-1 Light Industrial District (Section 26) and .add as a specific use in the Specific Use Permits section (Section 45) of the Ordinance. (If approved, the public hearing will be held on June 16, 2015.) City of Southlake values; Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork City of Southlake City Council meeting agenda June 2, 2015 Page 6 of 8 8. Resolutions: (There are no items on this agenda.) 9. Other items for consideration: A. SV15-003, Sign Variance to the Conditional Sign Permit for Southlake Town Square, Phase I as it pertains to Trader Joe's located at 1492 East Southlake Boulevard. B. MSP15-002, Amendment to the Master Sign Plan for Forest Park Medical, Southlake Medical District located at 431 East State Highway 114. 10. Other items for discussion: (There are no items on this agenda.) 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, May 29, 2015 by 6:00 p.m., pursuant to the Texas Goverr�nt Code, Chapter 551. �o++ V31-iL,g,F°�,, ►` Q� �� Lori Payne, T MC City Secretary s If you plan to attend this pubffc,rdpWand 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 June 2, 2015 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 H. Watson v. City of Allen, et.al.; Cause No. 153-278080-15. 7. M.K. Painting, inc. v. City of Southlake, Texas. 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 reciardingprospective 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 June 2, 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 emergency management plans regarding Pipelinesafety. 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