2013-02-19 (amended on 2013-02-16)lugCITY OF Amended
SOUTHLAKE
TEXAS February 16, 2013,12:10 p.m.
REGULAR CITY COUNCIL MEETING: February 19, 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. Southlake Community Recreation Center update
5. Update from Lisa Quinn, Southlake Women's Club
6. Discuss all items on tonight's meeting agenda
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 regarding regulations and
requirements associated handbill distribution by solicitors and
canvassers related with the City of Southlake Code of Ordinances,
Part 11, Subpart A, Chapter 13.
b. Seek the advice of the city attorney regarding legal issues related
to sales and use tax.
C. Seek the advice of the city attorney regarding amortization of
nonconforming uses/city initiated rezoning for economic
development purposes.
City of Southlake values:
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City of Southlake
City Council meeting agenda
February 19, 2013
Page 2 of 8
2. Section 551.072: Deliberation regarding real property
a. Discuss the potential purchase, lease or value of real property for
city facilities and projects.
1. 3927 T.W. King Road
3. Section 551.074: Deliberation regarding personnel
a. Deliberate the appointment of 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. Proclamation — National Engineer's Week
2. Update from State Senator Kelly Hancock's Office
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 February 5, 2013 City Council meeting.
B. Award contract with HQS Construction, LLC for the improvements to the
McPherson Branch channel in the amount of $507,815.
C. This item was intentionally left blank.
D. Approve a purchase for a Pierce Top -Mount Quantum Pumper from
Siddons-Martin Emergency Group in the amount of $676,728.
E. Resolution 13-009, Authorize the City Manager to Approve a Local Project
Advance Funding Agreement (LPAFA) with the Texas Department of
Transportation (TxDOT) for the construction of a turnaround bridge (east
side only) at State Highway 114 and Carroll Avenue.
City of Southlake values.-
Integrity
alues:Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork
City of Southlake
City Council meeting agenda
February 19, 2013
Page 3 of 8
F. Approve Miracle League Field Sponsorship Agreement with the Texas
Rangers Baseball Foundation and the Miracle League of Southlake.
G. Resolution No. 13-010, Accepting bid for the sale of certain property
struck off pursuant to Section 34.01, Texas Property Tax Code.
H. Approve the purchase of Munis application support and maintenance from
Tyler Technologies in the amount of $71,310.27.
Approve Resolution No. 13-002, Appoint a member to the Planning and
Zoning Commission.
J. Approve Resolution No. 13-011, Appoint members to the Zoning Board of
Adjustment.
K. Ordinance No. 480-629 (ZA12-087), 2nd Reading for a Zoning Change and
Development Plan for Williamsburg Estates on property described as
Tracts 1 C1A, 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. Current Zoning: "NR -PUD" Non -Residential
Planned Unit Development. Requested Zoning: "R -PUD" Residential
Planned Unit Development. SPIN #1. Applicant has formally withdrawn
this 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. 480-620 (ZA12-030), 2nd Reading for a Zoning Change and
Site Plan for Marshall Creek Ranch on property described as Tract 7A, R.
D. 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. PUBLIC HEARING.
B. Ordinance No.480-634 (ZA12-118), 2nd Reading for a 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 values.-
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alues:Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork
City of Southlake
City Council meeting agenda
February 19, 2013
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City of Southlake, Tarrant County, Texas and located at 1150 North White
Chapel Boulevard, Southlake, Texas. Current Zoning: "AG" Agricultural
Zoning District. Requested Zoning: "SF -1A" Single Family Residential
Zoning District. SPIN #7. PUBLIC HEARING.
C. This item was intentionally left blank.
D. Site Plan for Chick-fil-A (ZA12-119) on property described as Lot 4, Block
1; Perry/Allen Addition, an addition to the City of Southlake, Tarrant
County, Texas and located at 2301 East Southlake Boulevard, City of
Southlake, Texas. Current zoning is "C-3" General Commercial District.
SPIN #8. PUBLIC HEARING.
E. Resolution No. 13-007, Special Use Permit for Chick-fil-A Storage Building
(ZA13-015) to allow construction of a proposed storage building attached
to the existing dumpster on property described as Lot 4, Block 1;
Perry/Allen Addition, City of Southlake, Tarrant County, Texas and located
at 2301 East Southlake Boulevard, City of Southlake, Texas. Current
Zoning: "C-3" General Commercial District. SPIN #8. PUBLIC HEARING.
F. Resolution No. 13-008, Special Use Permit (ZA13-002) for sales and
service of used automobiles, trucks or motor homes for Richmond Cars on
property described as Lot 1, Block 1, J.N. Gibson No. 591 Addition, City of
Southlake, Tarrant County, Texas and located at 1215 Brumlow Avenue,
City of Southlake, Texas. Current Zoning: 1-1" Light Industrial District.
SPIN #8. PUBLIC HEARING.
G. Ordinance No. 995, 2nd Reading, Appoint an alternate municipal judge and
authorize the Mayor to execute an agreement and provide an effective
date. PUBLIC HEARING.
H. Ordinance No. 480-LLLL, 2nd 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. PUBLIC HEARING.
Ordinance No. 1056, 2nd 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. PUBLIC
HEARING.
7. Ordinances, first readings, and related items:
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City Council meeting agenda
February 19, 2013
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A. Ordinance No. 1051 (CP12-004), 1s' Reading, Land Use Plan Amendment
from Mixed Use and Low Density Residential to Medium Density
Residential for Savannah Estates on property described as Tracts 113,
1 B2, 1 B2A, 1 B2A1, 1 B2A2, 2A, 213, 2C, 3, 4A, 4A1, 4A2, 4A3, 413, 4B 1,
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. Current Zoning: "NR -PUD" Non Residential Planned Unit
Development, "AG" Agricultural District and "S -P-1" Detailed Site Plan
District. Requested Zoning: "R -PUD" Residential Planned Unit
Development. SPIN #5. (If approved at first meeting, the Public
Hearing will be held March 5, 2013.)
B. 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. Current Zoning: "NR -PUD" Non Residential Planned Unit
Development, "AG" Agricultural District and "S -P-1" Detailed Site Plan
District. Requested Zoning: "R -PUD" Residential Planned Unit
Development. SPIN #5. (If approved at first meeting, the Public
Hearing will be held March 5, 2013.)
8. Resolutions: (There are no items on this agenda)
9. Other items for consideration:
A. SV13-001, Sign Variance to Ordinance 704, as amended, for Duffs
Famous Wings located at 2787 East Southlake Boulevard, Suite 100,
Southlake, Texas.
10. Other items for discussion: (There are no items on this agenda)
11. Meeting adjourned.
City of Southlake values.-
Integrity
alues:Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork
City of Southlake
City Council meeting agenda
February 19, 2013
Page 6 of 8
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 15, 2013 by 6:00 p.m.,
pursuant to the Texas Government Code, Chapter 551.
Amended agenda posted on Saturday, February 16, 2013 at Noon (12:00 p.m.).
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4 SLY`'
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 19, 2013
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. Pending Public Information Act requests.
2. Texas Attorney General litigation defending the constitutionality of the Texas
Open Meetings Act.
3. Legal issues regarding the Barnett Shale gas extraction and transportation.
4. 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.
5. Legal issues related to property located at 3100, 3110, and 3112 East Southlake
Boulevard.
6. 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.
7. Metro-Plex Underground, LP v. Ed Bell Construction and ARCH Insurance
Company; Cause No. 048-258408-12
8. James & Kathleen Farley v. Mark Wilson, National Carriers, Inc., and City of
Southlake; Cause No. 09-15791.
9. 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 regardingprospective 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
February 19, 2013
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