AgendaCITY OF
SOUTHLAI<,,,E
TEXAS
REGULAR CITY COUNCIL MEETING: September 4, 2012
LOCATION: 1400 Main Street, Southlake, Texas 76092
Council Chambers in Town Hall
WORK SESSION: 5:30 P.M.
1. Call to order.
2. Invocation: Nick Billardello, Chaplain of the Month
3. Local Business Report
4. Presentation by Laura Hill, SPARK Organization
5. Briefing on upcoming Crud Cruiser /E -Waste Event
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 city boundary
adjustment with the Town of Westlake.
c. Seek the advice of the city attorney concerning right of the
public to access sidewalks, streets, drives and open space
within residential developments.
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
September 4, 2012
Page 2 of 8
b. Discuss contract for sale for sewer easement from property at
555 East State Highway 114.
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
B. City Manager's Report
1. West Nile Virus Update
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 21, 2012 City Council meeting and
August 14, 2012 Joint City Council and SPIN Standing Committee
meeting.
B. This item intentionally left blank.
C. Approve renewal of an amendment to the Facilities Utilization Agreement
with Dragon Youth Football.
D. Approve annual purchase agreement with Manning Concrete Sawing
through an interlocal agreement with the City of Grapevine.
E. Approve annual purchase agreement with TXI through an interlocal
agreement with the City of Grapevine.
City of Southlake values:
Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork
City of Southlake
City Council meeting agenda
September 4, 2012
Page 3 of 8
F. Approve amendment No. 1 for engineering services agreement with
Kimley Horn and Associates, Inc. for the 2030 Mobility Plan in the amount
of $3,500.
G. Ordinance No. 1045 (CP12 -003), 1 St Reading, Land Use Plan Amendment
from Medium Density Residential and Retail Commercial to Public
Park /Open Space on property described as Tracts 1C3, 2B, 2A2, 2A, 3C1,
3C1A and 3D1, L.G. Hall Survey, Abstract No. 686, City of Southlake,
Tarrant County. Texas and located at 285, 315 and 379 Shady Oaks Dr.,
Southlake, Texas. Current Zoning: CS - Community Service District. SPIN
#7. (If approved at first reading, a public hearing will be held on
September 18, 2012.)
H. Ordinance No. 1044, 1 St Reading, Approve Bicentennial Park Master Plan.
(If approved at first reading, a public hearing will be held on September
18, 2012.)
Ordinance No. 480 -KKKK, 1 St Reading, Amendment to the
Comprehensive Zoning Ordinance No. 480, as amended, as it pertains to
nonconforming uses and nonconforming structures. (If approved at first
reading, a public hearing will be held on September 18, 2012.)
J. ZAl2 -057, Site Plan for Bicentennial Park Phase II property described as
Tracts 1, 1B, 1C1, 1 C2, 1C3, 1E, 2A, 2A1, 2A2, 2B, 2131, 3C, 3C12,
3C1A, 3D, 3D1, 3D1A, 3D6, L.G. Hall Survey, Abstract No. 686 and Lot
2R2, L.B.G. Hall No. 686 Addition, City of Southlake, Tarrant County,
Texas and located north of W. Southlake Blvd. between Shady Oaks Dr.
and N. White Chapel Blvd., Southlake, Texas. Current Zoning is "CS"
Community Service District. SPIN #7. Applicant is requesting to table
this item to September 18, 2012.
K. Ordinance 1039 (CP12 -001), 1 St Reading, Land Use Plan Amendment
from Low Density Residential to Medium Density Residential on property
described as Lot 5, Drake Estates Addition, Lot 3, and a portion of Lots 4
and 5, Timberline Estates, Southlake, Tarrant County, Texas and located
at 360 Randol Mill Ave., 2405 Johnson Rd., 235 Timberline Ln., and 245
Timberline Ln., Southlake, Tarrant County, Texas. Current Zoning: SF -1A-
Single Family Residential Zoning District. Applicant withdrew request.
L. Ordinance 480 -622 (ZAl2 -044), 1 Reading, Zoning Change and
Development Plan for the Pines on property described Lot 5, Drake
Estates Addition and Lot 3, Timberline Estates Addition and a portion of
Lots 4 and 5, Timberline Estates Addition City of Southlake, Tarrant
County, Texas; and located at 360 Randol Mill Ave., 2405 Johnson Rd.,
235 and 245 Timberline Ln., Southlake, Texas. Current Zoning is "SF -1A"
City of Southlake values:
Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork
City of Southlake
City Council meeting agenda
September 4, 2012
Page 4 of 8
Single Family Residential District. Requested Zoning is "TZD" Transition
Zoning District. SPIN #11. Applicant withdrew request.
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. Ordinance No. 480 -619 (ZAl2 -007), 2 nd 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 #8. PUBLIC HEARING
B. ZAl2 -008, Preliminary Plat for Lots 1 and 2, Block 1, Nolen Office Park
Addition, on property described as Tracts 11 and 11A, Thomas Easter
Survey, Abstract No. 474, Southlake, Tarrant County, Texas and located
at 300 S. Nolen Dr., Southlake, Texas. Current Zoning: AG - Agricultural
District.
C. Ordinance No. 480 -564a (ZAl2 -066), 2 nd 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 #3. PUBLIC
HEARING
D. ZAl2 -054, Site Plan for Alliance Office Systems on property described as
Lot 1, Block A, Briarwood Estates Phase 1, an addition to the City of
Southlake, Tarrant County, Texas and located at 469 Cherry Lane,
Southlake, Texas. Current Zoning: "0-1" Office District. SPIN #4. PUBLIC
HEARING
City of Southlake values:
Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork
City of Southlake
City Council meeting agenda
September 4, 2012
Page 5 of 8
E. ZAl2 -073, Site Plan for Southlake Italian Restaurant on property
described as Lot 3, Greenway- Carroll Addition, an addition to the City of
Southlake, Tarrant County, Texas and located at 1281 East S.H. 114,
Southlake, Texas. Current Zoning is "C -3" General Commercial District.
SPIN #8. PUBLIC HEARING
F. Ordinance No. 480 -623 (ZAl2 -067), 2 nd 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 #4. PUBLIC HEARING
G. Ordinance No. 1042, 2 nd Reading, Adopt an ordinance regulating the
installation, repair and maintenance of utility and telecommunications
facilities within the right -of -way. PUBLIC HEARING
H. Ordinance No. 1030, 2 nd Reading, Master Storm Water Plan, a component
of the Southlake 2030 Comprehensive Plan. PUBLIC HEARING
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
J. Ordinance No. 1046, 1 St Reading, Approve and adopt the Annual Budget
for the Fiscal Year 2013 and approve the revised budget figures for the
Fiscal Year 2012 and Multi -Year Capital Improvements Program. (If
approved at first reading, a public hearing will be held on September
18, 2012.)
K. Ordinance No. 1047, 1 St Reading, Tax Levy Ordinance. (If approved at
first reading, a public hearing will be held on September 18, 2012.)
L. Adopt the Fiscal Year 2013 Crime Control and Prevention District
Operating Budget and Multi -Year Capital Improvements Program.
PUBLIC HEARING
M. Ordinance No. 1048, 1 St Reading, Approve an ordinance of the City of
Southlake, Texas, providing for a residential homestead property tax
exemption. (If approved at first reading, a public hearing will be held on
September 18, 2012.)
City of Southlake values:
Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork
City of Southlake
City Council meeting agenda
September 4, 2012
Page 6 of 8
N. Ordinance No. 1043, 2 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 N. Kimball Avenue. PUBLIC
HEARING
O. Ordinance No. 480 -624 (ZAl2 -064), 2 Reading, Zoning Change and Site
Plan for Silver Ridge Assisted Living on property described as Thomas
Mahan Survey, Abstract No. 1049, Tract 313 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 #4. PUBLIC HEARING
P. ZAl2 -065, Preliminary Plat for Silver Ridge Addition, on property
described as tracts 3A04, 3C01, 313, and 3D, Thomas Mahan Survey,
Abstract No. 1049, City of Southlake, Tarrant County, Texas and being
located at 600, 640, 650, and 660 N. Kimball Ave. Current Zoning: AG-
Agricultural District and NR -PUD- Non - Residential Planned Unit
Development.
7. Ordinances, first readings, and related items: (There are no items on this
agenda)
8. Resolutions: (There are no items on this agenda)
9. Other items for consideration: (There are no items on this agenda)
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 31, 2012 by 6:00 p.m.,
pursuant to the Texas Government Code, Chapter 551.
\ )A IO LAK� r
i
• •rae •r T �
Alicia Richardson, TRMC °- :�%
City Secretary '`• .. y
'J+/ lll lal �ltl
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
September 4, 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
September 4, 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