AgendaCITY OF
SOUTHLAI<,,,E
TEXAS
REGULAR CITY COUNCIL MEETING: October 2, 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: Clayton Reed
3. Local Business Report
4. Presentation of the Scenic City Certification Award
5. Presentation of Community Recreation Center senior center space allocation
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 city boundary
adjustment with the Town of Westlake.
b. Seek the advice of the city attorney concerning right of the
public to access sidewalks, streets, drives and open space
within residential developments.
c. Seek the advice of the city attorney regarding legal issues
relating to Master Thoroughfare Plan amendments.
2. Section 551.072: Deliberation regarding real property
a. Discuss contract for sale for right of way and easements from
property at 1470 N. Kimball Avenue.
City of Southlake values:
Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork
City of Southlake
City Council meeting agenda
October 2, 2012
Page 2 of 7
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.
b. Deliberate the appointments of city board and commission
members.
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. Steve Riach, Eterne Films — One Heart
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 September 18, 2012 City Council meeting and
September 25, 2012 Special City Council meeting.
B. Approve purchase of replacement vehicles and equipment from Caldwell
Country Chevrolet in the Amount of $482,400.
C. Approve purchase of installation services of police equipment for
replacement police vehicles from Professional Safety Systems in the
amount of $25,080.
D. Approve purchase of replacement vehicles from Philpott Motors in the
amount of $189,951.
E. Approve purchase of replacement vehicle from Houston Freightliner in the
amount of $74,589.
City of Southlake values:
Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork
City of Southlake
City Council meeting agenda
October 2, 2012
Page 3 of 7
F. Approve purchase of asphalt truck body equipment from Conley Lott
Nichols in the amount of $76,934.
G. Approve a professional services agreement with Dean Construction as
construction manager at risk for the Bicentennial Park Improvements.
H. ZAl2 -039, Preliminary Plat for the South Village at Watermere on property
described Lot 4R3, Block 1, Watermere at Southlake Addition and Tracts
4C, 4D and 6A02, J.G. Allen Survey, Abstract No. 18, City of Southlake,
Tarrant County, Texas; and located at 451 Watermere Drive and 2261,
2271 & 2451 Union Church Drive, Southlake, Texas. Current Zoning:
"TZD" Transition Zoning District. SPIN #11.
ZAl2 -077, Revised Preliminary Plat for the Carillon Chateaux District on
property described as Tracts 3 and 4A1, A. Chivers Survey, Abstract No.
299 and Tract 2, L. Chivers Survey, Abstract No. 300, City of Southlake,
Tarrant County, Texas, located north of East State Highway 114 between
East Kirkwood Boulevard and North Carroll Avenue and south of Estes
Park subdivision at 1500, 1600 and 1800 N. Carroll Avenue, Southlake,
Texas. Current Zoning: ECZ — Employment Center Zoning District. SPIN
#3.
J. SV12 -012, Sign Variance to Ordinance 704, as amended, for Starbucks
located at 125 Davis Boulevard, Southlake, Texas.
K. SV12 -020, Sign Variance to Ordinance 704 -E for Watermere at Southlake
located at 2807 West Southlake Boulevard.
L. Approve a Memorandum of Understanding (MOU) for the planning,
design, and construction of a turnaround bridge (East side only) at State
Highway 114 and Carroll Avenue between Gateway Church, Cooper and
Stebbins, Tarrant County, and the City of Southlake each committing
$250,000 toward the project.
M. Resolution No. 12 -038, appointing the Director of Public Works or his
designee as the official voting representative to the City of Fort Worth
Wholesale Customer Advisory Committee and the Trinity River Authority
Central and Denton Creek Wholesale Customer Advisory Committees.
N. Approve joint contract renewal with First Vehicle Services for fire vehicles
and apparatus preventative maintenance and repair services for City of
Southlake and City of Keller.
O. Approve renewal of a community services agreement with APEX Arts
League.
City of Southlake values:
Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork
City of Southlake
City Council meeting agenda
October 2, 2012
Page 4 of 7
P. Approve renewal of a community services agreement with Arts Council
Northeast.
Q. Approve renewal of a community services agreement with Southlake
Sister Cities.
R. Approve renewal of a community services agreement with Southlake
Historical Society.
S. ZAl2 -070, Revised Site Plan for The Hills Church on property described
as Lot 1 R1, Brock Addition, City of Southlake, Tarrant County, Texas; and
located at 2417 and 2501 West Southlake Boulevard, Southlake, Texas.
Current Zoning: "CS" Community Service District. SPIN #11. The
Planning and Zoning Commission tabled this item on September 20,
2012 to their October 4, 2012 meeting. If approved by the Planning
and Zoning Commission, the Council will consider this item at their
October 16, 2012 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. 12 -045 (ZAl2 -079), Specific Use Permit to allow outdoor
sales or services at Shops of Southlake on property described as Lots 1, 3
and 5, Block 1, Shops of Southlake, City of Southlake, Tarrant County,
Texas; and located at 1201, 1251, 1275, 1425, 1431, 1435, 1445, 1451
and 1465 East Southlake Boulevard, Southlake, Texas. Current Zoning:
"S -P -2" Generalized Site Plan District. SPIN #8. PUBLIC HEARING
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:
City of Southlake values:
Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork
City of Southlake
City Council meeting agenda
October 2, 2012
Page 5 of 7
A. SV12 -018, Sign Variance to Ordinance 704, as amended, for Daddy
Jack's Lobster & Chowder House located at 355 North Carroll Avenue,
Southlake Town Square, Southlake, Texas.
B. SV12 -019, Sign Variance to Ordinance 704, as amended, for Patrizio
Osteria located at 1281 East State Highway 114, Southlake, Texas.
C. Variance to the Tree Preservation Ordinance No. 585, as amended for
Watermere Medical Plaza on property described as Lot 1, Block 1, Slayton
Addition and Lot 1, Block 2, Watermere at Southlake Addition, Southlake,
Texas. Current Zoning: 0-1 - Office District. SPIN #11.
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, September 28, 2012 by 6:00 p.m.,
pursuant to the Texas Governmer1t „bode, Chapter 551.
•
•
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
October 2, 2012
Page 6 of 7
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
October 2, 2012
Page 7 of 7
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