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2015-06-16Ciiv OF SOUTHLAKEEx REGULAR CITY COUNCIL MEETING JUNE 16, 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. Honors and Recognitions a. Recognize the 2015 TAME State Math and Science Competition Participants 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 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 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 legal issues pertaining to litigation. C. Seek advice of the city attorney regarding contractual dispute regarding pending Public Works project, specifically repainting of the Pearson groundwater storage tanks. City of Southlake values:, Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork City of Southlake City Council meeting agenda June 16, 2015 Page 2 of 10 2. Section 551.072: Deliberation reoardinp 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 reciarding personnel matters a. Deliberate the appointment of city board and commission members. 4. Section 551.087: Deliberation reaarding economic development negotiations a. Discuss the terms and conditions of an economic development incentives program — Project No. 2015-2. B. Reconvene: Action necessary on items discussed in Executive Session. 3. REPORTS: A. Mayor's Report B. City Manager's Report 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 ,tune 2, 2015 regular City Council meeting. B. Approve an annual agreement for providing odor control treatment at lift stations with Premier Magnesia, LLC in the amount of $138,000. C. Approve annual contract renewal for Lewis Concrete Restoration for manhole and wet well rehab services in an amount not to exceed $150,000. D. Approve agreement for engineering services with Neel -Shaffer, Inc. for design of Neighborhood Sewer Lift Station in the Torian Place Addition in the amount of $58,155. City of Southlake values: Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork City of Southlake City Council meeting agenda June 16, 2015 Page 3 of 10 E. Resolution No. 15-035, Authorizing the city attorney to bring condemnation action for the purpose of obtaining a right of way to construct and maintain sidewalks and roadway appurtenances on land located in the Thomas M. Hood Survey, Abstract No. 706 at 950 North White Chapel Boulevard. F. Approve permit to allow an art gallery reception on September 10, 2015 and an art exhibit September 10 — October 23, 2015 in the Town Hall lobby. G. Approve permit to allow an art gallery reception February 21, 2016 and an art exhibit February 19 — April 22, 2016 in the Town Hall lobby. H. Approve permit for CISD Art Exhibit April 22-24, 2016 in Town Hall in conjunction with the Art in the Square festival. Approve Southlake Tennis Center Management Agreement with Roxy Tennis, LLC. Approve Bob Jones Nature Center & Preserve Management Agreement. K. Approve name for City park in Winding Creek development. L. Variance to the Subdivision Ordinance No. 483, as amended, Section 4.011 Expiration of Plats, extending the validity of the Case ZA14-049, Final Plat for Kimball Park 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. SPIN #4. M. Ordinance No. 480-698 (ZA15-054), 1St Reading, Zoning Change and Concept Plan for Lot 29, John Childress No. 254 Addition on property being described as Tract 2C, J. Childress Survey, Abstract No. 254 and Tract 10, R.D. Price Survey, Abstract No. 1207, City of Southlake, Tarrant County, Texas located at 3020 Burney Lane (formerly 3510 and 3520 Burney Lane), Southlake, Texas. Current Zoning: "SF -1A° Single Family Residential District and "AG" Agricultural District. Requested Zoning: "SF - 1X Single Family Residential District. SPIN #2. (If approved, the public hearing will be held on August 4, 2015.) City of Southlake values: Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork City of Southlake City Council meeting agenda June 16, 2015 Page 4 of 10 N. Ordinance No. 480697 (ZA15-038), 15t Reading, Zoning Change and Concept Plan for 800 East Bob Jones Road on property described as Tracts 10 and 16, H. O. Throop Survey, Abstract No. 1237A, City of Southlake, Tarrant County, Texas and located at 800 and 790 East Bob Jones Road. Current Zoning: "AG" Agricultural District. Requested Zoning: "SF -1A" Single Family Residential District. SPIN #1. (If approved the public hearing will be held on August 4, 2095.) O. Consider application for Neighborhood 50150 Program regarding sidewalk construction at Oak Tree Estates. P. Approve telecom expenses for Verizon services in the amount of $179,000. Q. Approve telecom/Internet expenses for OneSource Communications services in the amount of $68,890. R. Approve Toshiba copier services expenses in the amount of $93,583. S. Resolution No. 15-033, Appointing City Council representatives to fulfill vacancies on various boards and commissions, and providing an effective date. T. Appointing representatives to the State Highway 114 Corridor Task Force. Tabled Items: U. Resolution No. 15-031 (ZA15-037), Specific Use Permit for a Telecommunications Tower, Antennas and Ancillary Buildings for St. Charles Tower on property being described as Tract 1G, H. Granberry Survey, Abstract No. 581, City of Southlake, Tarrant County, Texas and located at 640 South White Chapel Boulevard, Southlake, Texas. Current Zoning: "AG" Agricultural District. SPIN #10. (This Item has been tabled at the request of the applicant to the August 18, 2015 City Council meeting). V. 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, 2015 City Council meeting, this item was tabled to the September 1, 2095, City Council meeting.) City of Southlake values.- Integrity alues.Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork City of Southlake City Council meeting agenda June 16, 2015 Page 5 of 10 W. 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 (At the June 4, 2015 Planning and Zoning Commission meeting, the applicant requested the item to be tabled until the August 20, 2015 Planning and Zoning Commission meeting.) X. 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 Zoning District. Requested Zoning: "S -P-1" Detailed Site Plan District. SPIN #10. PUBLIC HEARING. (At the request of the applicant this item has been tabled to the August 4, 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. Resolution No. 15-030, (ZA15-051), Specific Use Permit for a Temporary Construction Facility for K. Hovnanian Homes on property being described as Lot 1, Block 17, Carillon Phase 2A-2, an addition to the City of Southlake, Tarrant County, Texas and located at 1601 Riviera Lane, Southlake, Texas. Current Zoning: "ECZ" Employment Center Zoning District. SPIN #3. PUBLIC HEARING B. Ordinance No. 480-696, (ZA15-046), 2nd 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. Requested Zoning: "SF -2" Single Family Residential District. SPIN #4. PUBLIC HEARING City of Southlake values: Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork City of Southlake City Council meeting agenda June 16, 2015 Page 6 of 10 C. Ordinance No. 480-695, (ZA15-030), 2nd Reading, Zoning Change and Site Plan for TrueZero on property described as Lot 1R, Block 5, Cornerstone Business Park Addition, an addition to the City of Southlake, Tarrant County, Texas and located at 305 South Nolen Drive, Southlake, Texas. Current Zoning: "S -P-2" Generalized Site Plan District. Requested Zoning: "S -P-1" Detailed Site Plan District. SPIN #8. PUBLIC HEARING D. ZA15-035, Concept/Development Plan for Lots 1, 2 & 3, Block 16 and Lot 9, Block 12, Southlake Town Square on property described as Lot 1, Block 17, Southlake Town Square, Phase IV and Lot 2, Greenway -Carroll, additions to the City of Southlake, Tarrant County, Texas, Reserve Street and Tract 3A and a portion of Tract 3J, Richard Eades Survey, Abstract No. 481, City of Southlake, Tarrant County, Texas and being located at 1420 Division Street, 1301 and 1501 East State Highway 114 and 245 North Carroll Avenue, Southlake, Texas. Current Zoning: "DT" Downtown District. SPIN #8. PUBLIC HEARING E. ZA15-036, Site Plan for Lot 1, Block 16, Southlake Town Square on property described as Lot 1, Block 17, Southlake Town Square, Phase IV and Lot 2, Greenway -Carroll, additions to the City of Southlake, Tarrant County, Texas, Reserve Street and Tract 3A and a portion of Tract 3J, Richard Eades Survey, Abstract No. 481, City of Southlake, Tarrant County, Texas and being located at 1420 Division Street, 1301 and 1501 East State Highway 114 and 245 North Carroll Avenue, Southlake, Texas. Current Zoning: "DT" Downtown District. SPIN #8. PUBLIC HEARING F. Resolution No. 15-034 (ZA15-049), Specific Use Permit for Structured Parking on Lot 1, Block 16, Southlake Town Square on property described as Lot 1, Block 17, Southlake Town Square, Phase IV and Lot 2, Greenway -Carroll, additions to the City of Southlake, Tarrant County, Texas, Reserve Street and Tract 3A and a portion of Tract 3J, Richard Eades Survey, Abstract No. 481, City of Southlake, Tarrant County, Texas and being located at 1420 Division Street, 1301 and 1501 East State Highway 114 and 245 North Carroll Avenue, Southlake, Texas. Current Zoning: "DT" Downtown District. SPIN #8. PUBLIC HEARING G. ZA15-048, Preliminary Plat for Lot 9, Block 12; Lots 1 - 3, Block 16; Lot 1 R, Block 17, Southlake Town Square Phase IV on property described as Lot 1, Block 17, Southlake Town Square, Phase IV and Lot 2, Greenway - Carroll, additions to the City of Southlake, Tarrant County, Texas, a portion of Reserve Street and Tract 3A and a portion of Tract 3J, Richard Eades Survey, Abstract No. 481, City of Southlake, Tarrant County, Texas and being located at 1420 Division Street, 1301 and 1501 East State Highway 114 and 245 North Carroll Avenue, Southlake, Texas. Current Zoning: "DT" Downtown District. SPIN #8. City of Southlake values: Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork City of Southlake City Council meeting agenda June 16, 2015 Page 7 of 10 H. ZA15-043, Plat Revision for Lot 9, Block 12; Lots 1 - 3, Block 16; Lot 1 R, Block 17, Southlake Town Square Phase IV on property described as Lot 1, Block 17, Southlake Town Square, Phase IV and Lot 2, Greenway - Carroll, additions to the City of Southlake, Tarrant County, Texas, a portion of Reserve Street and Tract 3A and a portion of Tract 3J, Richard Eades Survey, Abstract No. 481, City of Southlake, Tarrant County, Texas and being located at 1420 Division Street, 1301 and 1501 East State Highway. 114 and 245 North Carroll Avenue, Southlake, Texas. Current Zoning: "DT" Downtown District. SPIN #8. I. ZA15-041, Site Plan for Polio Tropical on property being described as Lot 1R3, Block 1 of the Gateway Plaza Phase II Addition, an addition to the City of Southlake, Tarrant County, Texas located at 2640 East Southlake Boulevard, Southlake, Texas. Current Zoning: "S -P-2" Generalized Site Plan District. SPIN #8. PUBLIC HEARING J. This item was intentionally left blank. K. Ordinance No. 480-RRRR, 2"d 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. PUBLIC HEARING L. Ordinance No. 1043A, 2nd 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. PUBLIC HEARING M. Ordinance No. 1120, 2nd 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 1A. PUBLIC HEARING 7. Ordinances, first readings, and related items: A. Ordinance No. 480-328b, (ZA15-011), 16t Reading, Zoning Change and Site Plan for Countryside Bible Church on property described as Lots 2R1, Block A and 2R2R, Block B, Ravenaux Village Addition, an addition to the City of Southlake, Tarrant County, Texas and located at 250 and 301 City of Southlake values: Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork City of Southlake City Council meeting agenda June 16, 2015 Page 8 of 10 Countryside Court, Southlake, Texas. Current Zoning: "S -P-1" Detailed Site Plan District and "S -P-2" Generalized Site Plan District. Requested Zoning: "S -P-1" Detailed Site Plan District. SPIN #5. (If approved, the public hearing will be held on August 4, 2015.) B. ZA15-042, Preliminary Plat for Moss Farms on property described as Tract WK, F. Throop Survey, Abstract No. 1511, City of Southlake, Tarrant County, Texas and located at 1967 East Dove Road, Southlake, Texas. Current Zoning: "SF -1A" Single Family Residential District. SPIN #4. C. Ordinance No. 1121, 1st Reading, Approve an ordinance of the City of Southlake, Texas, providing for a residential homestead property tax exemption. (If approved, the public hearing will be held on August 4, 2015.) 8. Resolutions: (There are no items on this agenda.) 9. Other items for consideration: A. SV15-004, Sign Variance to the Master Sign Plan for Park Village as it pertains to ModMarket located at 1161 East Southlake Boulevard, Suite #260. 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, June 12, 2015 by 6:00 p.m., pursuant to the Texas IA,Qgpe, Chapter 551. 0UT/y r X O Jam, O _• �_ [� //i_ Traci Henderson, TRMC = Deputy City Secretary If you plan to attend this public mft§4,anVI`1•iave 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 16, 2015 Page 9 of 10 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 re-garding real roe . The City Council may conduct a closed meeting to deliberate the purchase, exchange, lease or value of real property. Section 551.073: Deliberation re-garding 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 June 16, 2015 Page 10 of 10 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 regardingpipeline 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