2012-08-21CITY OF
SOUTHLAK,E
TEXAS
REGULAR CITY COUNCIL MEETING: August 21, 2012
LOCATION: 1400 Main Street, Southlake, Texas 76092
Council Chambers in Town Hall
WORK SESSION: 4:00 P.M.
1. Call to order.
2. Invocation: Eric Hulet, Chaplain of the Month
3. Local Business Report
4. Discussion of the Community Recreation Center
5. Fiscal Year 2013 Proposed Budget — Strategic Investments and Capital
Improvements Program
6. 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 concerning contractor delay
claims due to utility conflicts for the FM 1709 deceleration lanes.
b. Seek the advice of the city attorney concerning possible
amendments to the Southlake City Code to address
environmental regulations.
c. Seek the advice of the city attorney on a citizen's complaint
regarding livestock maintenance and management.
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 21, 2012
Page 2 of 8
3. 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. Presentation by Allison Bridges
2. Recognition of outgoing Board & Commission Members
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 August 7, 2012 City Council meeting
B. Approve renewal of a lease agreement for grazing on approximately 4.5
acres of undeveloped City park property.
C. Approve permit to allow an art gallery reception on September 9, 2012
and a photography exhibit September 9- October 31, 2012 in Southlake
Town Hall lobby
D. Approve permit to allow art gallery reception February 17, 2013 and an art
exhibit, "Winter Arts in Town Hall," February 17 -April 28, 2013, in the
Town Hall lobby.
E. Approve Southlake Sister City /Friendship City Policy
F. Approve Residential Developers Agreement with Hines -GTIS Carillon,
LLC, for Carillon Phase 3A -2.
G. This item intentionally left blank.
H. Ordinance No. 1030, 1 St Reading, Master Storm Water Plan, a component
of the Southlake 2030 Comprehensive Plan. (If approved the public
hearing will be held on September 4, 2012).
City of Southlake values:
Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork
City of Southlake
City Council meeting agenda
August 21, 2012
Page 3 of 8
Resolution No. 12 -039, Annual review of investment policy and investment
strategies.
J. Ordinance No. 1042, 1 St Reading, Adopt an ordinance regulating the
installation, repair and maintenance of utility and telecommunications
facilities within the right -of -way. (If approved the public hearing will be
held on September 4, 2012).
K. Ordinance No. 1043, 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 September 4, 2012).
L. SV12 -014, Sign Variance to Ordinance 704 -F to allow sixteen (16)
temporary light pole banner signs at specific locations in Southlake Town
Square promoting a Fashion's Night Out event.
M. Ordinance No. 480 -564a (ZAl2 -066), 1st Reading, Zoning Change and
Development Plan for Carillon on property described as Tracts 3 and 4A1,
A. Chivers Survey Abstract No. 299, Tracts 1, 2, 3A, 3A1, 3A3, 3A4,
3A4A, 3A5, 3B and 3132 L. Chivers Survey Abstract No. 300, Lots 1 and 2,
Block 1, Carillon Offsite Infrastructure & Children's Medical Center, and
Carillon Phase 1A, City of Southlake, Tarrant County, Texas located
mainly north of State Hwy. 114 between N. White Chapel Blvd. and N.
Carroll Ave. and south of Estes Park subdivision in Southlake, Texas.
Current Zoning: ECZ - Employment Center Zoning District. Requested
Zoning: ECZ - Employment Center Zoning District. SPIN Neighborhood #
3. (If approved the public hearing will be held on September 4, 2012).
N. SV12 -013, Variance request to the Conditional Sign Permit for Shady
Oaks Office Park regulations to allow a monument sign for Bank of the
Ozarks, located at 600 West Southlake Boulevard.
O. Resolution No. 12 -042, Appoint member to the Southlake 2030 Mobility
Plan Committee.
P. Ordinance No. 1038 (CP12 -002), 1 St 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.
City of Southlake values:
Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork
City of Southlake
City Council meeting agenda
August 21, 2012
Page 4 of 8
At the applicant's request, Council tabled this item at their August 7,
2012. Subsequently, applicant requested to indefinitely table item.
Q. 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. At the applicant's
request, Council tabled this item at their August 7, 2012 meeting.
Subsequently, applicant requested to indefinitely table item.
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 -053, Site Plan for Colt Aviation, LLC on property described as Lot
1 R2, Block 2, Cornerstone Business Park Addition, an addition to the City
of Southlake, Tarrant County, Texas; and located at 2819 Exchange Blvd.,
Southlake, Texas. Current Zoning: 11- Light Industrial Zoning District.
SPIN Neighborhood #8. PUBLIC HEARING
B. ZAl2 -071, Site Plan for Carroll ISD Administration Building on property
described as Lot 1, Block 1, Carroll ISD Addition No. 3, an addition to the
City of Southlake, Tarrant County, Texas and located at 1101 E. Dove
Rd., Southlake, Texas. Current Zoning: CS Community Service District.
SPIN Neighborhood #2. PUBLIC HEARING
C. Ordinance No. 480 -532b (ZAl2 -058), 2 nd 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.
PUBLIC HEARING
City of Southlake values:
Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork
City of Southlake
City Council meeting agenda
August 21, 2012
Page 5 of 8
D. Ordinance No. 480 -476c (ZAl2 -059), 2 nd Reading, Zoning Change and
Concept Plan for Watermere at Southlake on property described as Lots
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. PUBLIC HEARING
E. Consider a proposal to adopt a tax increase as a result of the proposed
tax rate of $.462 exceeding the effective tax rate by 0.55 %. PUBLIC
HEARING
7. Ordinances, first readings, and related items:
A. 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 approved the public hearing will be
held on September 4, 2012).
B. Ordinance No. 480 -624 (ZAl2 -064), 1 St Reading, Zoning Change and Site
Plan for Silver Ridge Assisted Living on property described as Thomas
Mahan Survey, Abstract No. 1049, Tract 3B City of Southlake, Tarrant
County, Texas; and located at 600 N. Kimball Ave., Southlake, Texas.
Current Zoning: AG- Agricultural District. Proposed Zoning- SP -1-
Detailed Site Plan District. SPIN Neighborhood #4. (If approved, the public
hearing will be held September 4, 2012)
C. Ordinance No. 480 -623 (ZAl2 -067), 1 St Reading, Zoning Change and
Concept /Site Plan for Victory Lane 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 N. Kimball Ave.,
Southlake, Texas. Current Zoning: 1 -1 Light Industrial District. Requested
Zoning: S -P -2 Generalized Site Plan District. SPIN Neighborhood # 4. (If
approved the public hearing will be held on September 4, 2012).
8. Resolutions: (There are no items on this agenda)
9. Other items for consideration: (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
August 21, 2012
Page 6 of 8
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 17, 2012 by 6:00 p.m.,
pursuant to the Texas Govern me,0t, Qgde, Chapter 551.
CA
i
Alicia Richardson, TRMC ..,•
City Secretary ''•••
yyT \
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 21, 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
9. 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 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.
City of Southlake values:
Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork
City of Southlake
City Council meeting agenda
August 21, 2012
Page 8 of 8
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.
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