2012-12-04CITY OF
SOUTHLAKE
TEXAS
REGULAR CITY COUNCIL MEETING: December 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: David Whitington
3. Local Business Report
4. Sidewalk and Wayfinding Project Priority List
5. 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
1. 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 sub'ect matter of
this City Council meeting.
1. Section 551.071: Consultation with attorney.
a. Seek the advice of the city attorney regarding vesting
regulations and requirements associated with Section 245 of
the Texas Local Government Code and the City's Zoning
Ordinance 480, as amended.
b. Seek the advice of the city attorney. regarding City ordinance
requirements and independent school district properties.
C. Seek the advice of the city attorney regarding regulations
outlined in the City's Zoning Ordinance 480, as amended
regarding review procedures associated with amendments to
the Zoning Ordinance.
d. Seek the advice of the city attorney regarding the City's
ability to regulate retail uses through Zoning Ordinance 480,
as amended or other ordinance regulations.
City of Southlake values;
Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork
City of Southlake
City Council meeting agenda
December 4, 2012
Page 2 of 9
e. Seek the advice of the city attorney regarding pending
litigation for North Kimball Avenue.
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
3. Section 551.072: Deliberation regarding real pro perty,
a. Discuss the potential purchase, lease or value of real
property:
1. 1380 North Kimball Avenue
2. 1360 North Kimball Avenue
3. 925 Randol Mill Avenue (TW King 30 -inch water line)
B. Reconvene: Action necessary on items discussed in Executive Session.
3. REPORTS:
A. Mayor's Report
1. Lions Club 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 November 6, 2012 City Council meeting.
B. Approve plan for Public Sculpture Program at McPherson Park.
C. Approve purchase of Menzi Muck from Menzi USA Sales Inc. in the
amount of $ 307,278.
D. Approve purchase of culvert jetter from Hi -Vac Corporation in the amount
of $ 86,253.
E. Approve the purchase of a wide area rotary mower for Bob Jones Park
from Professional Turf Products through the Buy Board cooperative
purchasing contract in the amount of $63,919.
City of Southlake values:
Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork
City of Southlake
City Council meeting agenda
December 4, 2012
Rage 3 of 9
F. Renew annual purchasing agreement with Atlas Utility Supply and H.D.
Supply Waterworks Ltd. for the purchase of utility parts.
G. Renew annual purchasing agreement with Vulcan, Inc. and Pathmark, Inc.
for the purchase of signs and pavement marking materials.
H. Approve Change Order No. 5 with Circle C Construction for the TW King
30 -inch water line for additional tunneling in the amount of $230,950.
I. Resolution No. 12 -052, Approve interlocal agreement between City of
Southlake and North Central Texas Council of Governments authorizing
North Central Texas Council of Governments to solicit proposal on Cotton
Belt passenger rail private - public initiative.
J. Ordinance No. 1053, 1 St Reading, Amending Section 2.106 "Established
Enumeration" of Article IV " Departments" of Chapter 2, "Administration" of
the Southlake City Code, as amended to update departmental titles,
formally establish a human resources department and establish a police
department and fire department which shall collectively be referred to as
departments of public safety. (Y approved, the Public Hearing will be
held on January 15, 2013.)
K. ZAl2 -103, Plat Revision for Lots 6R1 —13R1, Block 19, Carillon Phase 1 A
on property described Lots 6R — 13R, Block 19, Carillon Phase 1A, an
addition to the City of Southlake, Tarrant County, Texas and located at
400 -429 Monte Carlo Drive, Southlake, Texas. The Current Zoning is
"ECZ" Employment Center Zoning District. SPIN #3.
L. ZAl2 -108, Preliminary Plat for Oak Bend on property described as Tracts
2D01 and 2D01A, Abstract No. 348, James L. Chivers Survey, City of
Southlake, Tarrant County, Texas, located at 930 East Dove Road,
Southlake, Tarrant County, Texas. The current zoning is "SF -1A" Single
Family Residential Zoning District. The proposed zoning is "R -PUD"
Residential Planned Unit Development District. SPIN #2.
M. Amendment to SV12 -021, Approved Sign Variance for Bicycles Inc.
located at 2105 West Southlake Boulevard, Suite 225, Southlake, Texas.
N. Approve option to extend the current contract with Facility Solutions Group
(FSG) for the fabrication and installation of wayfinding, event and kiosk
signage in an amount not to exceed $130,000.
O. Approve a professional services agreement with Weaver and Tidwell,
L.L.P. for annual audit services.
City of Southlake values:
Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork
City of Southlake
City Council meeting agenda
December 4, 2012
Page 4 of 9
P. Ordinance No. 1054, 1 6t Reading, Approve franchise agreement with
Oncor Electric Delivery Company LLC. (if approved, the Public Hearing
will be held on January 15, 2013.)
Q. Ordinance No. 1055, 1 6t Reading, Dedicate right of way from Johnson
Place Park, Lot 1, Block 1, Johnson Place Addition for FM 1938. (if
approved, the Public Hearing will be held on January 15, 2013.)
R. Approve contract with Transystems for the utility design of FM 1938 Phase
2 in the amount of $328,500.
S. Ordinance No. 480 -628 (ZAl2 -088), 1 St Reading, Zoning Change and
Development Plan for Savannah Estates on property described as Tracts
113, 1 B2, 1 B2A, 1 B2A1, 1 B2A2, 2A, 2B, 2C, 3, 4A, 4A1, 4A2, 4A3, 413,
413 1, 4132, 5A, 5A1, 5A1 A, 513, 5C, 6A, 6A1, 6A1 A, 6A2, 6A2A, and 613,
R.P. Estes Subdivision and Tracts 113, 1131, 1131A, 1 B 1 A1, 1 B1 B, 1131131,
1131C, 1131D, and 1132, T. Martin Survey, Abstract No. 1134, City of
Southlake, Tarrant County, Texas; and generally located at the northwest
corner of West Dove Road and SH 114, Southlake, Tarrant County,
Texas. The current zoning is "NR -PUD" Non Residential Planned Unit
Development, "AG" Agricultural District and "S -P -1" Detailed Site Plan
District. The proposed zoning is "R -PUD" Residential Planned Unit
Development. SPIN #5. This item is tabled to the Planning and Zoning
Commission January 3, 2013 meeting. If the Planning and Zoning
Commission recommends moving item to City Council at their
January 15, 2013 meeting, the public hearing will be held on
February 5, 2013.
T. Ordinance No. 1051 (CP12 -004), 1 8t Reading, Land Use Plan Amendment
from Mixed Use and Low Density Residential to Medium Density
Residential for Savannah Estates on property described as Tracts 1 B,
1 B2, 1 B2A, 1 B2A1, 1 B2A2, 2A, 2B, 2C, 3, 4A, 4A1, 4A2, 4A3, 413, 4131,
4132, 5A, 5A1, 5A1 A, 513, 5C, 6A, 6A1, 6A1 A, 6A2, 6A2A, and 6B, R.P.
Estes Subdivision and Tracts 1B, 1B1, 1 B 1 A, 1131A1, 113113, 1131131,
1131C, 1 B1 D, and 1132, T. Martin Survey, Abstract No. 1134, City of
Southlake, Tarrant County, Texas; and generally located at the northwest
corner of West Dove Road and SH 114, Southlake, Tarrant County,
Texas. The current zoning is "NR -PUD" Non Residential Planned Unit
Development, "AG" Agricultural District and "S -P -1" Detailed Site Plan
District. The proposed zoning is "R -PUD" Residential Planned Unit
Development. SPIN #5. This item is tabled to the Planning and Zoning
Commission January 3, 2013 meeting. If the Planning and Zoning
Commission recommends moving item to City Council at their
City of Southlake values:
Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork
City of Southlake
City Council meeting agenda
December 4, 2012
Page 5 of 9
January 15, 2013 meeting, the public hearing will be held on
February 5, 2013.
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 -106, Site Plan for Durham Intermediate canopies on property
described as Lot 1, Block 1, CISD No. 1 Addition, an addition to the City of
Southlake, Tarrant County, Texas and located at 801 Shady Oaks Drive,
Southlake, Texas. The current zoning is "CS" Community Service District.
SPIN #7. PUBLIC HEARING
B. Ordinance No. 480 -500b (ZAl2 -081), 2 nd 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 Drive, Southlake, Texas. Current
Zoning: S -P -2 Generalized Site Plan District. Requested Zoning: S -P -2
Generalized Site Plan District. SPIN #8. PUBLIC HEARING
C. Ordinance No. 480 -578a (ZAl2 -085), 2 nd 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 1 C, Thomas J. Thompson Survey, Abstract No. 1502
and being located at 505, 507, 511, 515, and 519 Davis Boulevard,
Southlake, Tarrant County, Texas. Current Zoning: TZD Transition Zoning
District. Requested Zoning: TZD Transition Zoning District. SPIN #10.
PUBLIC HEARING
D. ZAl2 -095, Preliminary Plat 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 Surrey,
Abstract No. 1502 and being located at 505, 507, 511, 515 and 519 Davis
Boulevard, Southlake, Texas. The current zoning is "TZD" Transition
Zoning District. SPIN #10.
City of Southlake values:
Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork
City of Southlake
City Council meeting agenda
December 4, 2012
Page 6 of 9
E. Ordinance No. 480 -440b (ZAl2 -089), 2" 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. Current Zoning: S -P -1 Detailed
Site Plan District. Requested Zoning: S -P -1 Detailed Site Plan District.
SPIN #9. PUBLIC HEARING
F. ZAl2 -096, Site Plan for Verizon Expansion on property described as Lot
1, Block 1, Solana Addition, an addition to the City of Southlake, Tarrant
County, Texas and located at 500 West Dove Road, Southlake, Texas.
The current zoning is "NR -PUD" Non - residential Planned Unit
Development District. SPIN #1. PUBLIC HEARING
7. Ordinances, first readings, and related items:
A. Ordinance No. 480 -629 (ZAl2 -087), 1 St Reading, Zoning Change and
Development Plan for Williamsburg Estates on property described as
Tracts 1 C1 A, 1 C1 B, 1C2 and 1F, T. Martin Survey, Abstract No. 1134,
City of Southlake, Tarrant County, Texas and located at 2600 Kirkwood
Boulevard, Southlake, Texas. The current zoning is "NR -PUD" Non -
Residential Planned Unit Development. The requested zoning is "R -PUD"
Residential Planned Unit Development. SPIN #1. (If approved, the
Public Hearing will be held on January 15, 2013.)
B. Ordinance No. 480 -630 (ZAl2 -090), 1 5t Reading, Zoning Change and
Concept Plan for Southlake Park Village on property described Tracts 4,
4D and 4G, Obediah W. Knight Survey, Abstract No. 899, City of
Southlake, Tarrant County, Texas and located at 1001 E. Southlake
Boulevard and 400 and 430 South Carroll Avenue, Southlake, Texas. The
current zoning is "SP -2" Generalized Site Plan District and "AG"
Agricultural District. The requested zoning is "SP -2" Generalized Site Plan
District. SPIN #9. (if approved, the Public Hearing will be held on
January 15, 2013.)
C. Ordinance No. 1052 (CP12 -006), 1 81 Reading, Land Use Plan Amendment
from Low Density Residential to Medium Density Residential on property
described as Tracts 8CO2, 8D01, 8D03 and a portion of Tract 8C, Thomas
M. Hood Survey, Abstract No. 706, City of Southlake, Tarrant County,
Texas and Lots 8, 9R1 and 10, T.M. Hood No. 706 Addition, an addition to
the City of Southlake, Tarrant County, Texas, and located at 200, 220,
280, 300, 310, 320 and 340 West Highland Street, Southlake, Texas. The
current zoning is "AG" Agricultural District and "SF1 -B" Single Family
Residential District. The requested zoning is "R -PUD" Residential Planned
Unit Development District. SPIN #6. (If approved, the Public Hearing
will be held on January 15, 2013.)
City of Southlake values:
Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence + Teamwork
City of Southlake
City Council meeting agenda
December 4, 2012
Page 7 of 9
D. Ordinance No. 480 -631 (ZAl2 -099), 1S Reading, Zoning Change and
Development Plan for Highland Oaks on property described as Tracts
8CO2, 8D01, 8D03 and a portion of Tract 8C, Thomas M. Hood Survey,
Abstract No. 706, City of Southlake, Tarrant County, Texas and Lots 8,
9141 and 10, T.M. Hood No. 706 Addition, an addition to the City of
Southlake, Tarrant County, Texas, and located at 200, 220, 280, 300, 310,
320 and 340 West Highland Street, Southlake, Texas. The current zoning
is "AG" Agricultural District and "SF -1 B" Single Family Residential District.
The requested zoning is "R -PUD" Residential Planned Unit Development
District. SPIN #5. (if approved, the Public Hearing will be held on
January 15, 2013.)
8. Resolutions: (There are no items on this agenda)
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)
11. Meeting adjourned.
CERTIFICATE
hereby certify that the above agenda was posted on the official bulletin boards at Town
Hall, 1400 Main Street, Southlake, Texas, on Friday, November 30, 2012 by 6:00 p.m.,
pursuant to the Texas GgKp,�;ment Code, Chapter 551.
4s e
Traci Riggs, T
Deputy City Si
If you plan to attencf'°tJa e,45ta1411ic 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
December 4, 2012
Page 8 of 9
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 1 Accountability ♦ Commitment to Excellence ♦ Teamwork
City of Southlake
City Council meeting agenda
December 4, 2012
Page 9 of 9
Section 551.087: Deliberation re 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 safes
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