2013-02-05CITY OF
SOUTHLAK,E
TEXAS
REGULAR CITY COUNCIL MEETING: February 5, 2013
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
3. Local Business Report
4. Discuss possible City Ordinance revisions to the Southlake City Code and
Zoning Ordinance 480, as amended and the development of new ordinances.
5. Update on the development of the Southlake 2030 Water Conservation Plan.
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.
1. Section 551.071. Seek advice of the city 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 No. 480, as amended, the City's Subdivision
Ordinance No. 483, as amended, the City's Masonry
Ordinance No. 557, as amended and the City's Landscape
Ordinance No. 544, as amended.
City of Southlake values.-
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City Council meeting agenda
February 5, 2013
Page 2 of 9
b. Seek the advice of the city attorney regarding the ability to
regulate certain retail operations through Zoning Ordinance
No.480, as amended.
C. Seek the advice of the city attorney regarding regulations
outlined in the City's Zoning Ordinance No. 480, as amended
regarding review procedures associated with amendments to
the Zoning Ordinance.
d. Seek advice of the city attorney regarding regulations and
requirements associated with site plan and plat expiration
associated with the City's Zoning Ordinance No. 480, as
amended and the City's Subdivision Ordinance No. 483, as
amended.
e. Seek advice of the city attorney regarding the Cotton Belt
Innovative Funding Initiative and proposed legislation.
B. Reconvene: Action necessary on items discussed in Executive Session.
3. REPORTS:
A. Mayor's Report
1. Recognition of Boy Scouts Brett Ringgold and Jonathan Roberts
2. Proclamation - Southlake Carroll Cross Country Track Team
3. Recognition of outgoing board members
4. Youth Flag Football Champions
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 January 15, 2013 City Council meeting.
B. This item intentionally left blank.
C. Approve contract with Weatherproofing Technologies, Inc. for Phase 3
waterproofing the exterior of Town Hall in the amount of $111,694.
City of Southlake values.-
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City Council meeting agenda
February 5, 2013
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D. Approve first contract renewal for preventative maintenance services with
Blagg Tire and Service.
E. Approve first contract renewal for preventative maintenance services with
Grapevine Ford.
F. Approve first contract renewal for preventative maintenance services with
On -Site Fleet Services.
G. Approve third contract renewal with Alpine Tree Service for City of
Southlake tree maintenance services.
H. Approve first contract renewal for citywide towing services for Euless B&B
Wrecker Service.
I. Approve a Community Events Participation Agreement with GreenFellows,
Inc. for the 2013 Southlake Green Fest event.
J. Approve a Community Events Participation Agreement with Southlake
Women's Club for the 2013 Art in the Square event.
K. Approve an interlocal agreement with Tarrant County to assist in the
reconstruction of a portion of North White Chapel Boulevard.
L. SV12-030, Sign Variance to Ordinance 704, as amended, for Men's
Wearhouse located at 3030 East Southlake Boulevard, Unit #3,
Southlake, Texas.
M. Resolution No. 13-004, Calling General Election to be held on May 11,
2013.
N. Approve Carillon Phase 3 Park Plan for Villa Park South.
O. Resolution No. 13-003, Approving the appointment of Assistant City
Managers and Department Heads.
P. Ordinance No. 995, 1St Reading, Appoint an alternate municipal judge and
authorize the mayor to execute an agreement and provide and effective
date. (if approved at first reading, the Public Hearing will be held
February 19, 2013.)
Q. Ordinance No. 480-634 (ZA12-118),lst Reading, Zoning Change and
Concept Plan for 1150 North White Chapel Boulevard on property being
described as Tracts 8B & 81302A, T.M. Hood Survey, Abstract No. 706,
City of Southlake, Tarrant County, Texas and located at 1150 North White
City of Southlake values.-
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February 5, 2013
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Chapel Boulevard, Southlake, Texas. The Current Zoning is "AG"
Agricultural Zoning District. The Requested Zoning is "SF -1A" Single
Family Residential Zoning District. SPIN #7. (If approved at first reading,
the Public Hearing will be held February 19, 2013.)
R. Ordinance No. 480-LLLL, 1St Reading, an amendment to the
Comprehensive Zoning Ordinance No. 480, as amended, removing
references to fire hazard regulations within the Zoning Ordinance for the
purpose of eliminating potential conflicts with the City's adopted Fire and
Building Codes. (If approved at first reading, the Public Hearing will
be held February 19, 2013.)
S. Approve an agreement with Emergicon, LLC for Emergency Medical
Services billing services.
T. Ordinance No. 480-628, (ZA12-088), 1st Reading, Zoning Change and
Development Plan for Savannah Estates on property described as Tracts
1 B, 1 B2, 1 B2A, 1 B2A1, 1 B2A2, 2A, 213, 2C, 3, 4A, 4A1, 4A2, 4A3, 413,
4131, 4132, 5A, 5A1, 5A1A, 513, 5C, 6A, 6A1, 6A1A, 6A2, 6A2A, and 613,
R.P. Estes Subdivision and Tracts 113, 1131, 1131A, 1131A1, 113113, 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 State Highway 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 has been tabled to the February 19,
2013 City Council Meeting. If approved, the Public Hearing will be
held on March 5, 2013.)
U. Ordinance No. 1051 (CP12-004), 1st 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, 213, 2C, 3, 4A, 4A1, 4A2, 4A3, 413,
4131, 4132, 5A, 5A1, 5A1A, 513, 5C, 6A, 6A1, 6A1A, 6A2, 6A2A, and 613,
R.P. Estes Subdivision and Tracts 113, 1131, 1131A, 1131A1, 113113, 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 State Highway 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 has been tabled to the February 19,
2013 City Council Meeting. If approved, the Public Hearing will be
held on March 5, 2013.)
City of Southlake values.-
Integrity
alues:Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork
City of Southlake
City Council meeting agenda
February 5, 2013
Page 5 of 9
V. This item intentionally left blank.
W. Resolution No. 13-006, Authorizing a Notice of Intent to Issue Certificates
of Obligation.
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. 480-633, (ZA12-115), 2nd Reading, Zoning Change and
Concept Plan for Lot 1, Block 1, Ginger's Knoll Addition, Southlake,
Tarrant County, Texas, located at 823 South Peytonville Avenue,
Southlake, Texas. The current zoning is "SF -20A" Single Family
Residential District. The requested zoning is "SF -1A" Single Family
Residential District. SPIN #10. PUBLIC HEARING
B. Ordinance No. 480-632 (ZA12-093), 2nd Reading, Zoning Change and
Site Plan for the Zelda Office Development Center on property described
as a portion of Tract 3A, Obediah W. Knight, Survey, Abstract No. 899,
City of Southlake, Tarrant County, Texas and being located at 803 East
Southlake Boulevard. The current zoning is "AG" Agricultural District. The
proposed zoning is "0-1" Office District. SPIN #9. PUBLIC HEARING
C. ZA12-107, Preliminary Plat for Rucker Addition Office Development, on
property described as Obediah W. Knight, Survey, A-899, City of
Southlake, Tarrant County, Texas and being located at 803 East
Southlake Boulevard, Texas. Current zoning: AG- Agricultural
District. The proposed zoning is "0-1" Office District and "AG"
Agricultural District. SPIN #9.
D. Ordinance No. 1052 (CP12-006), 2nd Reading , Land Use Plan
Amendment from Low Density Residential to Medium Density Residential
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, 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
City of Southlake values.-
Integrity
alues:Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork
City of Southlake
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February 5, 2013
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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 #5.
PUBLIC HEARING
E. Ordinance No. 480-631 (ZA12-099), 2nd 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,
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 "SF -1 B" Single Family Residential District.
The requested zoning is "R -PUD" Residential Planned Unit Development
District. SPIN #5. PUBLIC HEARING
F. Preliminary Plat for Highland Oaks (ZA12-112) on property described as
Tracts 8CO2, 8D01, 8D03 and 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
#5.
G. ZA12-040, Revised Site Plan for The Landing at Watermere on property
being described as Lot 4R1 & 4R2, Block 1, Watermere at Southlake
Addition, City of Southlake, Tarrant County, Texas and located at 201 and
301 Watermere Drive, Southlake, Texas. The current zoning is "S -P-2"
Generalized Site Plan Zoning District. SPIN #11. PUBLIC HEARING
H. Ordinance No. 1059 2nd Reading, Approve ordinance to abandon an
unused permanent emergency access easement located in the Thomas
M. Hood Survey, Abstract No. 706. SPIN #6. PUBLIC HEARING
Ordinance No. 1058, 2nd Reading, Approve ordinance to abandon an
unused temporary construction easement located in the J.J. Freshour
Survey, Abstract No. 251.
PUBLIC HEARING
7. Ordinances, first readings, and related items:
A. Ordinance No. 480-620 (ZA12-030), 1St Reading, Zoning Change and Site
Plan for Marshall Creek Ranch on property described as Tract 7A, R. D.
City of Southlake values.-
Integrity
alues:Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork
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February 5, 2013
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Price Survey, Abstract No. 992A, City of Southlake, Denton County,
Texas, and located at 4401 T. W. King Road, Southlake, Texas. Current
Zoning: AG — Agricultural District. Requested Zoning: S -P-2 Generalized
Site Plan Zoning District. SPIN #1. (If approved at first reading, the
Public Hearing will be held on February 19, 2013.)
B. Ordinance No. 1056, 1St Reading, Mobility and Master Thoroughfare Plan
Amendment for the alignment of South Village Center Drive extending
from East Southlake Boulevard (FM 1709) to South Nolen Drive. (If
approved at first reading, the Public Hearing will be held February 19,
2013.)
8. Resolutions: (There are no items on this agenda)
9. Other items for consideration:
A. This item intentionally left blank.
B. SV12-022, Sign Variance to Ordinance 704, as amended, for Lasercare
Eye Center located at 1910 East State Highway 114, Southlake, Texas.
C. MSP13-001, Amendment to Master Sign Plan for Kimball Crossing
located at 2175 East Southlake Boulevard.
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, February 1, 2013 by 6:00 p.m.,
pursuant to the Texas Governme�r,�,ode Chapter 551.
G) ; At
4
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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
February 5, 2013
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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.
10. Ed Bell Construction Company v. City of Southlake, Cause No. 348-262825-12
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.
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City Council meeting agenda
February 5, 2013
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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