2012-08-07CITY OF
SOUTHLAI<,,,E
TEXAS
REGULAR CITY COUNCIL MEETING: August 7, 2012
LOCATION: 1400 Main Street, Southlake, Texas 76092
Council Chambers in Town Hall
WORK SESSION: 5:30 P.M.
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Call to order.
Invocation: Eric Hulet, Chaplain of the Month
Local Business Report
Discuss all items on tonight's meeting 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 attorney
a. Seek the advice of the city attorney regarding gas drilling and
production and gas utility companies.
b. Seek the advice of the city attorney regarding vested rights.
c. Seek the advice of the city attorney concerning contractor delay
claims due to utility conflicts for the FM 1709 deceleration lanes.
d. Seek the advice of the city attorney concerning nonconforming
uses and structures.
e. Seek the advice of the city attorney regarding right of way
acquisition at 1380 North Kimball Avenue.
2. Section 551.072: Deliberation regarding real property
a. Discuss the potential purchase, lease or value of real property
for city facilities and projects.
City of Southlake values:
Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork
City of Southlake
City Council meeting agenda
August 7, 2012
Page 2 of 8
3. Section 551.074: Deliberation regarding personnel
a. Deliberate the appointment, employment, evaluation,
reassignment, duties, discipline, or dismissal of the City
Manager, City Secretary, City Attorney and Municipal Judge.
4. Section 551.087: Deliberation regarding economic
development negotiations
a. Economic incentives for businesses.
B. Reconvene: Action necessary on items discussed in Executive Session.
3. REPORTS:
A. Mayor's Report
1. Proclamation for Southlake Community Band
2. Recognition of Yasaman Sahba
B. City Manager's Report
1. Senior Advisory Commission Written 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 June 12, 2012 joint meeting of City Council,
Southlake Parks Development Corporation and Parks and Recreation
Board; June 19, 2012 City Council meeting; and June 26 -27, 2012 June
Retreat meeting.
B. Approve a contract renewal with Aetna to provide employee medical
benefits for Plan Year October 1, 2012 to September 30, 2013.
C. Approve a contract renewal with United Healthcare to provide employee
dental benefits for Plan Year October 1, 2012 to September 30, 2013.
D. This item intentionally left blank.
E. Resolution No. 12 -039, Authorize the city attorney to bring condemnation
action for the purpose of obtaining street right of way and easements for
construction and maintenance of FM 1938 located in the B. J. Foster
Survey, Abstract 519 at 925 Randol Mill Avenue.
City of Southlake values:
Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork
City of Southlake
City Council meeting agenda
August 7, 2012
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F. Resolution No. 12 -040, Authorize the city attorney to bring condemnation
action for the purpose of obtaining a permanent sanitary sewer easement
for construction and maintenance of a 12 -inch sanitary sewer located in
the Larkin H. Chivers Survey, Abstract 300 at 555 East State Highway
114.
G. Approve contract renewal for Lewis Concrete Restoration for manhole and
wet well rehab services.
H. Consider SV12 -010, sign variance to Sign Ordinance No. 704, as
amended, for the Grove temporary sign located at 500 West State Hwy
114; at the southeast corner of West Dove Street and West State Hwy
114. This item was tabled by Council at their June 19, 2012 meeting.
Approve and ratify emergency expense for Dean Construction to demolish
and reconstruct the fishing pier at Bob Jones Park in the amount of
$153,830.
J. Approve absences for a Planning and Zoning Commissioner.
K. Consider proposal to adopt a tax increase and set public hearing on the
tax rate for the August 21, 2012 and September 4, 2012 City Council
meetings.
L. Ordinance No. 480 -619 (ZAl2 -007), 1 St Reading, Zoning Change and Site
Plan for Nolen Office Park on property described as Tract 11A, Thomas
Easter Survey, Abstract No. 474, Southlake, Tarrant County, Texas and
located at 300 South Nolen Dr., Southlake, Texas. Current Zoning: AG
Agricultural District. Requested Zoning: S -P -1 Detailed Site Plan District.
SPIN Neighborhood #8. This item was tabled by the applicant at the
Planning and Zoning Commission meeting on May 3, 2012, May 17,
2012, June 7, 2012 and July 19, 2012. (If the Planning and Zoning
Commission recommends moving the item to City Council at the August 9,
2012 meeting, the first reading for this item will be scheduled for August
21 and public hearing will be held on September 4, 2012).
M. Ordinance No. 480 -620 (ZAl2 -030), 1 St Reading, Zoning Change and Site
Plan for Marshall Creek Ranch on property described as Tract 7A, R. D.
Price Survey, Abstract No. 992A, City of Southlake, Denton County,
Texas, and located at 4401 T. W. King Rd., Southlake, Texas. Current
Zoning: AG — Agricultural District. Requested Zoning: S -P -2 Generalized
Site Plan Zoning District. SPIN Neighborhood #1. This item was tabled
by the applicant at the Planning and Zoning Commission meeting on
June 7, 2012 and July 19, 2012. (If the Planning and Zoning Commission
recommends moving the item to City Council at their October 4, 2012
City of Southlake values:
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City of Southlake
City Council meeting agenda
August 7, 2012
Page 4 of 8
meeting, the first reading for this item will be scheduled for October 16
2012 and public hearing will be held on November 6, 2012).
N. Ordinance No. 480 -532a (ZAl2 -038), 1 St Reading, Zoning Change and
Development Plan for South Village at Watermere on property described
as Tracts 4C and 6A2, J.G. Allen Survey, Abstract No. 18 and Lot 4R3,
Block 1, Watermere at Southlake, an addition to the City of Southlake,
Tarrant County, Texas and a portion of Tract 4D, J.G. Allen Survey,
Abstract No. 18, and located at 2261, 2271 & 2451 Union Church Road
and 451 Watermere Drive, Southlake, Texas. Current Zoning: R -PUD
Residential Planned Unit Development District. Requested Zoning: R -PUD
Residential Planned Unit Development District. SPIN Neighborhood # 11.
This item was tabled by the applicant at the Planning and Zoning
Commission meeting on May 3, 2012, May 17, 2012, June 7, 2012 and
July 19, 2012. The applicant is requesting to table this item
indefinitely to allow consideration of Ordinance No. 480 -532b (ZAl2-
058) and Ordinance No. 480 -476c (ZAl2 -059) which are listed as
items 7C and 7D on the agenda.
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. ZAl2 -056, Site Plan for Starbucks on property described as Lot 3R1,
Block 1, Southlake Crossing Phase I, City of Southlake, Tarrant County,
Texas and located at 125 Davis Blvd., Southlake, Texas. Current Zoning:
C -3 - General Commercial District. SPIN Neighborhood #10.
PUBLIC HEARING.
B. Consider SV12 -012, Sign Variance to Ordinance 704, as amended, for
Starbucks located at 125 Davis Boulevard, Southlake, TX.
C. Ordinance No. 1040, Authorizing the issuance of Certificates of Obligation,
Series 2012. PUBLIC HEARING.
D. Ordinance No. 1041, Authorizing the issuance of General Obligation
Refunding Bonds, Series 2012. PUBLIC HEARING.
City of Southlake values:
Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork
City of Southlake
City Council meeting agenda
August 7, 2012
Page 5 of 8
E. Ordinance No. 1034, 2 nd Reading, Waste Water System Master Plan, a
component of the Southlake 2030 Comprehensive Master Plan.
PUBLIC HEARING.
F. Ordinance No. 1037, 2 nd Reading, Appointing the Judge of the Municipal
Court of Record and authorizing the Mayor to execute an agreement with
the Municipal Judge. PUBLIC HEARING.
G. Approve Professional Services Agreement with Municipal Court Judge
Carol Montgomery.
7. Ordinances, first readings, and related items:
A. Ordinance No. 1038 (CP12 -002), 1 Reading, Land Use Plan Amendment
from Low Density Residential to Medium Density Residential on property
described as Tracts 8CO2, 8D03 and a portion of Tract 8C, Thomas M.
Hood Survey, Abstract No. 706, City of Southlake, Tarrant County, Texas,
and located at 200, 280 and 220 W. Highland St., Southlake, Texas.
Current Zoning: AG - Agricultural District. Requested Zoning: R -PUD
Residential Planned Unit Development District. SPIN Neighborhood # 5.
(If approved at first reading, a public hearing will be held on August
21, 2012. )
B. Ordinance No. 480 -621 (ZAl2 -051), 1 St Reading, Zoning Change and
Development Plan for Highland Oaks on property described as Tracts
8CO2, 8D03 and a portion of Tract 8C, Thomas M. Hood Survey, Abstract
No. 706, City of Southlake, Tarrant County, Texas, and located at 200,
280 and 220 W. Highland St., Southlake, Texas. Current Zoning: AG —
Agricultural District. Requested Zoning: R -PUD Residential Planned Unit
Development District. SPIN Neighborhood #5. (If approved at first
reading, a public hearing will be held on August 21, 2012.)
C. Ordinance No. 480 -532b (ZAl2 -058), 1 St Reading, Zoning Change and
Development Plan for South Village at Watermere on property described
as Tracts 4C, 4D and 6A2, J.G. Allen Survey, Abstract No. 18 and Lot
4R3, Block 1, Watermere at Southlake, an addition to the City of
Southlake, Tarrant County, Texas located at 2261, 2271 & 2451 Union
Church Road and 451 Watermere Drive, Southlake, Texas. Current
Zoning: R -PUD Residential Planned Unit Development District. Requested
Zoning: TZD — Transition Zoning District. SPIN Neighborhood #11. (If
approved at first reading, a public hearing will be held on August 21,
2012.)
D. Ordinance No. 480 -476c (ZAl2 -059), 1 St Reading, Zoning Change and
Concept Plan for Watermere at Southlake on property described as Lots
City of Southlake values:
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City of Southlake
City Council meeting agenda
August 7, 2012
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1, 2, 3, 4R1, 4R2 and 4X, Block 1, Watermere at Southlake Addition and
Lots 2 and 3, Block 2, Watermere at Southlake Addition, City of Southlake,
Tarrant County, Texas located at 101 -301 Watermere Dr. and 2801 &
2807 W. Southlake Blvd., Southlake, Texas. Current Zoning: S -P -2
Generalized Site Plan District. Requested Zoning: S -P -2 Generalized Site
Plan District. SPIN Neighborhood #11. (If approved at first reading, a
public hearing will be held on August 21, 2012.)
8. Resolutions: (There are no items on this agenda)
9. Other items for consideration:
A. Appeal of the Administrative Official's decision regarding the destruction and
ability to repair or replace a nonconforming existing sign located at 110 West
Southlake Boulevard (Texaco).
B. Consider approval of a request from the Polycystic Kidney Disease
Foundation North Texas Chapter to display event sponsor vehicles on public
property.
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, August 3, 2012 by 6:00 p.m.,
pursuant to the Texas Governme „bode Chapter 551.
4
Alicia Richardson, TRMC =� _
•
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
August 7, 2012
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. Jayson Steele vs. City of Southlake. August 2008.
2. Pending Public Information Act requests.
3. Texas Attorney General litigation defending the constitutionality of the Texas
Open Meetings Act.
4. Legal issues regarding the Barnett Shale gas extraction and transportation.
5. City of Southlake v. Jeff Massey, et al; Cause No. 2011 - 003365 -3; eminent
domain action regarding property located at 1200 North Kimball, Southlake,
Texas.
6. Legal issues related to property located at 3100, 3110, and 3112 East Southlake
Boulevard.
7. City of Southlake v. Ashwin J. Babaria, et al; Cause No. 2011 - 006149 -3; eminent
domain action regarding property located at 1470 N. Kimball Avenue, Southlake,
Texas.
8. Metro -Plex Underground, LP v. Ed Bell Construction and ARCH Insurance
Company; Cause No. 048 - 258408 -12
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
City of Southlake values:
Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork
City of Southlake
City Council meeting agenda
August 7, 2012
Page 8 of 8
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.
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 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