2012-11-06CITY OF
SOUTHLAK,E
TEXAS
REGULAR CITY COUNCIL MEETING: November 6, 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: Chris Hatchett
3. Local Business Report
4. Vulnerable Road User /Safe Passage Ordinance
5. Community Recreation Center Flyover
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 on a citizen's complaint
regarding livestock maintenance and management
2. 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 appointment of board and commission
members.
3. Section 551.072: Deliberation regarding real property
City of Southlake values:
Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork
City of Southlake
City Council meeting agenda
November 6, 2012
Page 2 of 8
a. Discuss the potential purchase, lease or value of real
property regarding White Chapel Boulevard Right -of -Way
Acquisition.
B. Reconvene: Action necessary on items discussed in Executive Session.
3. REPORTS:
A. Mayor's Report
1. Veteran's Day Proclamation
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 October 16, 2012 City Council meeting.
B. Approve Change Order No. 4 to the contract with Circle C Construction for
the TW King 30 -inch water line to include the Caylor Wholesale Meter
Modification in the amount of $166,700.00.
C. Approve Interlocal agreement with the City of Keller for construction of the
Caylor Wholesale Meter Modification.
D. Consider approval of proposed Southlake Program for the Involvement of
Neighborhoods Mission Statement.
E. Approve the purchase of equipment for council chambers from Digital
Resources Inc. in the amount of $189,965.
F. Approve Professional Services Agreement with MLA Consulting, L.L.C. for
the eight -inch water line connector from Lake Drive /Burney Lane to Palo
Duro /Lonesome Dove and the Roadway and Utility Improvements on
Shady Oaks Drive between Fox Glenn and West Highland Street in the
amount of $122,425.
G. Award purchase of sanitary sewer television camera to Green Equipment
Company in the amount of $ 68,614.
H. Award purchase of vacuum excavator to Freightliner of Austin and CLS
Equipment Company in the amount of $346,346.
City of Southlake values:
Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork
City of Southlake
City Council meeting agenda
November 6, 2012
Page 3 of 8
This item has been intentionally left blank.
J. Approve a contract with Crowley Sports Officials for sports officiating in
the amount of $130,000.
K. Approve permit to allow an art gallery reception December 16, 2012 and
the Sister Cities International Young Artist art exhibit December 16, 2012
through January 25, 2013 in Southlake Town Hall lobby.
L. Resolution No. 12 -050, Adopting a legislative agenda for the 83rd Texas
Legislative session.
M. Approve the renewal of a contract with O'Donnell's Landscape Services,
Inc. for an amount not to exceed $350,000 for Groups 2, 3, 4, 6 and 7
landscape services, and as the alternate for Groups 1 and 5 landscape
services.
N. Approve the renewal of a contract with Signature Contracting Services for
an amount not to exceed $15,000 for Group 5 landscape services, and as
the alternate for Group 4 landscape services.
O. Approve the renewal of a contract with Dyna -Mist Irrigation Company for
an amount not to exceed $123,000 for Group 1 landscape services, and
as the alternate for Groups 2, 3 and 6 landscape services.
P. Ordinance No. 480 -500B, (ZAl2 -081), 1 St Reading, Zoning Change and
Site Plan for Miron Grove Office Park on property described as Lot 4R,
Block 1, Miron Subdivision, an addition to the City of Southlake, Tarrant
County, Texas; and located at 300 Miron Dr., Southlake, Texas. Current
Zoning: S -P -2 Generalized Site Plan District. Requested Zoning: S -P -2
Generalized Site Plan District. SPIN #8. (if approved, the Public Hearing
will be held on December 4, 2012.)
Q. Resolution No. 12 -048 (ZAl2 -078), Specific Use Permit to allow outdoor
sales or service for a Bank of America drive thru ATM (automated teller
machine) on property described as Lot 3, Block 1, Village Center Addition,
Southlake, Tarrant County, Texas; and located at 2110 East Southlake
Boulevard, Southlake, Texas. The current zoning is C -3 - General
Commercial District. SPIN #8. The Applicant has withdrawn this item.
City of Southlake values:
Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork
City of Southlake
City Council meeting agenda
November 6, 2012
Page 4 of 8
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 -069, Site Plan for Carillon Amenity Center on property described as
a portion of Tracts 2 and 3A01, Larkin H Chivers Survey; Abstract No.
300, City of Southlake, Tarrant County, Texas located at 1700 and 1800
N. Carroll Ave., Southlake, Texas. Current Zoning: ECZ — Employment
Center Zoning District. SPIN #3. PUBLIC HEARING
B. Ordinance No. 1049 (CP12 -005), 2 nd Reading, Land Use Plan
Amendment from Low Density Residential to Medium Density Residential
on property described as James L. Chivers, Survey, Tracts 2D01 and
2D01A, Abstract No. 348, City of Southlake, Tarrant County, Texas,
located at 930 E. Dove Rd., Southlake, Tarrant County, Texas Current
Zoning: SF -1A- Single Family Residential Zoning District. Proposed
Zoning: R -PUD — Residential Planned Unit Development. SPIN #2.
PUBLIC HEARING
C. Ordinance No. 480 -627 (ZAl2 -083), 2 nd Reading, Zoning Change and
Development Plan for Oak Bend on property described as James L.
Chivers, Survey, Tracts 2D01 and 2D01A, Abstract No. 348, City of
Southlake, Tarrant County, Texas, located at 930 E. Dove Rd., Southlake,
Tarrant County, Texas. Current Zoning: SF -1A- Single Family Residential
Zoning District. Proposed Zoning: R -PUD — Residential Planned Unit
Development. SPIN #2. PUBLIC HEARING
D. Ordinance No. 480 -447a (previously advertised as Ordinance No. 480-
626), (ZAl2 -075), 2 nd Reading, Zoning Change and Site Plan for
Clearview Eyecare and Laser Center on property described as Lot B,
Block B, Briarwood Estates, City of Southlake, Tarrant County, Texas,
located at 1980 E. SH 114, Southlake, Tarrant County, Texas. Current
Zoning: S -P -1- Detailed Site Plan District. Proposed Zoning: S -P -1-
Detailed Site Plan District. SPIN #4. PUBLIC HEARING
E. ZAl2 -082, Site Plan for Lots 3 & 4, Block 1; Chapel Hill Office Park on
property described as Lots 3 & 4, Block 1, Chapel Hill Office Park
Addition, Southlake, Tarrant County, Texas; and located at 231 and 241
City of Southlake values:
Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork
City of Southlake
City Council meeting agenda
November 6, 2012
Page 5 of 8
East Southlake Boulevard, Southlake, Texas. The current zoning is S -P -2
Generalized Site Plan District. SPIN #9. PUBLIC HEARING
F. ZAl2 -086, Site Plan for Bicycles Inc. on property described as Lot 5,
Block 1, Southlake Crossing Phase II, Southlake, Tarrant County, Texas;
and located at 2105 West Southlake Boulevard, Suite 225, Southlake,
Texas. The current zoning is C -3 - General Commercial District. SPIN
#10. PUBLIC HEARING
G. SV12 -021, Sign Variance to Ordinance 704, as amended, for Bicycles Inc.
located at 2105 West Southlake Boulevard, Suite 225, Southlake, Texas.
7. Ordinances, first readings, and related items:
A. Ordinance No. 480 -578A (ZAl2 -085), 1 Reading, Zoning Change and
Development Plan for Ridgeview at Southlake on property described as
Tracts 2A, 2A1, 2A5C, and 2A6, W.R. Eaves Survey, Abstract No. 500
and Tracts 1 and 1C, Thomas J. Thompson Survey, Abstract No. 1502
and being located at 505, 507, 511, 515, and 519 Davis Blvd., Southlake,
Tarrant County, Texas. The current zoning is "TZD" Transition Zoning
District. The proposed zoning is "TZD" Transition Zoning District. SPIN
#10. (if approved, the Public Hearing will be held on December 4,
2012.)
B. Ordinance No. 480 -440B, (ZAl2 -089), 1 Reading, Zoning Change and
Site Plan for Pecan Creek on property described as Lot 1, Block 1, Pecan
Creek, Southlake, Tarrant County, Texas; and located at 711 East
Southlake Boulevard, Southlake, Texas. The current zoning is S -P -1 -
Detailed Site Plan District. The proposed zoning is S -P -1 - Detailed Site
Plan District. SPIN #9. (if approved, the Public Hearing will be held on
December 4, 2012.)
E: I:ZMel IiiC•7i��i
A. Consider Resolution No. 12 -051, Appointing members to the Library
Board, Senior Advisory Commission, Southlake Arts Council, Southlake
Business Council, and Southlake Program for the Involvement of
Neighborhoods (SPIN) Standing Committee.
9. Other items for consideration:
A. SV12 -015, Sign Variance to Ordinance 704, as amended, for Magic
Texaco located at 110 West Southlake Boulevard, Southlake, Texas.
10. Other items for discussion: (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
November 6, 2012
Page 6 of 8
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, November 2, 2012 by 6:00 p.m.,
pursuant to the Texas Government Code, Chapter 551.
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Alicia Richardson, TRMC iy �'.
City Secretary '•• '''••r..rr••'' ,``�
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
November 6, 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
November 6, 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