2013-04-02lugCITY OF
S0UTHLA1<,E
TEXAS
REGULAR CITY COUNCIL MEETING: April 2, 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: David Whitington
3. Local Business Report
4. Briefing with Tarrant Commissioner Fickes, Precinct 3
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
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: Consultation with the city attorney
a. Seek advice of the city attorney regarding proposed legislation.
2. 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. National Library Week Proclamation
2. National Volunteer Week Proclamation
City of Southlake values.-
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alues:Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork
City of Southlake
City Council meeting agenda
April 2, 2013
Page 2 of 7
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 March 19, 2013 City Council meeting.
B. Approve annual renewal of Town Square street sweeping contract with
Mid -Cities Sweepers Plus, Inc. in the amount of $ 64,488.84.
C. This item was intentionally left blank.
D. Ordinance No. 480-NNNN, 1St Reading, an amendment to the
Comprehensive Zoning Ordinance No. 480, as amended, deleting Section
46.3d pertaining to procedures to overrule a recommendation of the
Planning and Zoning Commission to deny a proposed change to a
regulation or district boundary. (if approved, public hearing will be held
on April 16, 2013.)
E. This item was intentionally left blank.
F. This item was intentionally left blank.
G. Approve an amendment to the City's Residential Developer's Agreement
template.
H. Approve absences for a Planning and Zoning Commissioner.
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:
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A. Ordinance 480-635, (ZA13-017), 2nd Reading, zoning change and concept
plan for 2009 East Highland Street on property being described as Tract
2F, T. Mahan Survey, Abstract No. 1049, Southlake, Tarrant County,
Texas and located at 2009 East Highland Street, Southlake, Texas. The
Current Zoning is "AG" Agricultural Zoning District. The Requested Zoning
is "SF -1A" Single Family Residential Zoning District. SPIN #4. PUBLIC
HEARING
B. ZA13-001, Site Plan for Memo Corporation on property being described as
Lot 1, Block A, Entek Addition an addition to the City of Southlake, Tarrant
County, Texas located at 722 South Kimball Avenue, Southlake, Texas.
The current zoning is 1-1" Light Industrial Zoning District. SPIN #8
PUBLIC HEARING
C. Resolution No. 13-018, (ZA13-029), Specific Use Permit for carports on
non-residential property for the Memo Corporation on property being
described as Lot 1, Block A, Entek Addition an addition to the City of
Southlake, Tarrant County, Texas located at 722 South Kimball Avenue,
Southlake, Texas. The current zoning is 1-1" Light Industrial Zoning
District. SPIN #8. PUBLIC HEARING
D. Ordinance No. 480-MMMM, 2nd Reading, an amendment to the
Comprehensive Zoning Ordinance No. 480 adding variance provisions to
Section 45 Specific Use Permits. PUBLIC HEARING
E. ZA13-022, Site Plan for McDonald's on property located at 225 North
Kimball Avenue, Southlake, Texas and described as Lot 1R2, Block 1,
Kimball/1709 Addition, an addition to the City of Southlake, Tarrant
County, Texas. Current zoning is "C-3" — General Commercial District.
SPIN #8. PUBLIC HEARING
F. Resolution No. 13-017, (ZA13-028), Specific Use Permit for a storage
building at McDonald's on property located at 225 North Kimball Avenue,
Southlake, Texas and described as Lot 1R2, Block 1, Kimball/1709
Addition, an addition to the City of Southlake, Tarrant County, Texas.
Current zoning is "C-3" — General Commercial District. SPIN #8. PUBLIC
HEARING
G. Resolution No. 13-014, (ZA13-026), Specific Use Permit for temporary
construction and/or sales facility on property being described as Lot 11,
Block 6, Shady Oaks Phase 2F, Southlake, Tarrant County, Texas and
being located at 908 Berkshire Road, Southlake, Texas. Current zoning is
R -PUD - Residential Planned Unit Development District. SPIN #6.
PUBLIC HEARING
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April 2, 2013
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H. ZA13-009, Site Plan for Del Frisco's Grille on property being described as
Lot 3, Block 1R, Southlake Town Square Addition, City of Southlake,
Tarrant County, Texas and being located at 140 State Street, Southlake,
Tarrant County, Texas. Current Zoning: DT- Downtown District. SPIN
#8. PUBLIC HEARING
ZA13-014, Plat Revision for Lot 3R and Lot 5, Block 1 R, Southlake Town
Square Addition, on property described as Lot 3, Block 1R, Southlake
Town Square Addition, City of Southlake, Tarrant County, Texas and
being located at 140 State Street Current Zoning: DT- Downtown District.
SPIN #8.
J. ZA13-008, Site Plan for the Shaddock Office Building on property being
described as Lot 3, Block 1, Gumm Scifres Addition an addition to the City
of Southlake, Tarrant County, Texas and located at 131 South Village
Center Drive, Southlake, Texas. Current Zoning: 01 — Office Zoning
District. SPIN #8. PUBLIC HEARING
7. Ordinances, first readings, and related items:
A. Ordinance No. 1061, 1St Reading, Water Conservation Master Plan, a
component of the Southlake 2030 Comprehensive Plan. (if approved,
public hearing will be held on April 16, 2013.)
8. Resolutions: (There are no items on this agenda.)
9. Other items for consideration:
A. SV13-004, Sign Variance to Ordinance 704, as amended, for Wright
Professional Building located at 200 East Southlake Boulevard.
B. Approve Contract Amendment No. 4 with Nathan D. Maier Consulting
Engineers, Inc. for White Chapel Boulevard from State Highway 114 to
East Highland Street in the amount of $53,316.
C. Approve Contract Amendment No. 2 with Huitt-Zollars, Inc. for White
Chapel Boulevard Reconstruction Project in the amount of $48,170.
10. Other items for discussion:
11. Meeting adjourned.
City of Southlake values.-
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alues:Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork
City of Southlake
City Council meeting agenda
April 2, 2013
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CERTIFICATE
I hereby certify that the above agenda was posted on the official bulletin boards at Town
Hall, 1400 Main Street, Southlake, Texas, on Thursday, March 28, 2013 by 6:00 p.m.,
pursuant to the Texas Government Code, Chapter 551.
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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
alues:Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork
City of Southlake
City Council meeting agenda
April 2, 2013
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. 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.
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City of Southlake
City Council meeting agenda
April 2, 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