2013-05-21CITY OF
SOUTHLAKE
TEXAS
REGULAR CITY COUNCIL MEETING: May 21, 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: Nino Elliott
3. Local Business Report
4. 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 the citv attornev
a. Seek advice of the city attorney regarding Ordinance No. 693-C,
Lighting Ordinance.
b. Seek the advice of the city attorney regarding Southlake Code of
Ordinances, Chapter 13, Solicitors and Canvassers.
c. Seek the advice of the city attorney regarding boards and
commissions.
2. Section 551.072: Deliberation regarding real property
a. Discuss right of way acquisition and process of potential purchase
or lease of real property for city facilities and projects.
B. Reconvene: Action necessary on items discussed in Executive Session.
City of Southlake values.-
Integrity
alues:Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork
City of Southlake
City Council meeting agenda
May 21, 2013
Page 2 of 7
3. REPORTS:
A. Mayor's Report
1. Congressman Marchant's Office Star of the 24th Presentation —
Southlake Women's Club
2. Proclamation — National Public Works Week
B. City Manager's Report
1. Introduction of Interim Economic Development and Tourism
Director
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 May 7, 2013 City Council meeting and May 14,
2013 Special City Council meeting.
B. Resolution No. 13-024, Appointing a Mayor Pro Tem and Deputy Mayor
Pro Tem.
C. Approve Contract Amendment #5 with Kimley-Horn and Associates, Inc.
for North Kimball Avenue -State Highway 114 to Dove in the amount of
$72,100.
D. Approve a Community Events Participation Agreement with APEX Arts
League and Crossman World Class Drum Corps for the 2013 Showcase
in the Square — A Drum and Bugle Corps Event.
E. Approve a Community Events Participation Agreement with Southlake
Chamber of Commerce for the 2013 Oktoberfest Event.
F. This item intentionally left blank.
G. Resolution No. 13-025, Appoint a City Council representative(s) to fulfill
vacancies on the Audit Committee, Metroport Teen Court Advisory Board,
Southlake Parks Development Corporation, Tax Increment Reinvestment
Zone (TIRZ) No. 1, and 2030 Committees.
H. Approve an Interlocal Agreement with Tarrant County for the construction
of State Highway 114 Texas Turnaround at North Carroll Avenue and the
provision of County funds for construction in the amount of $250,000.
City of Southlake values.-
Integrity
alues:Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork
City of Southlake
City Council meeting agenda
May 21, 2013
Page 3 of 7
This item intentionally left blank.
J. Ordinance No. 480-637 (ZA13-040), 1St Reading, Zoning Change and
Concept Plan for 250 Lilac Lane on property described as Tract 2B,
Obediah W. Knight Survey, Abstract No. 899, Southlake, Tarrant County,
Texas and being located at 250 Lilac Lane, Southlake, Texas. Current
Zoning: AG - Agriculture District. Requested Zoning: SF -2 — Single Family
Residential District. SPIN #9. (If approved, the public hearing will be
held on June 4, 2013.)
K. Consider SV13-010, Variance to Sign Ordinance No. 704-F regulations for
All Pro Floors located at 2225 West Southlake Boulevard, Suite 465.
L. Resolution No. 13-022, (ZA12-080), Specific Use Permit for
telecommunications towers, antennas and/or ancillary structures on
property described as Tract 2A03, Francis Throop Survey, Abstract No.
1511, City of Southlake, Texas, Tarrant County, Texas located at 1200
North Kimball Avenue, Southlake, Texas. Current Zoning: B-1 Business
Service Park District. SPIN #4. (This item is administratively tabled
until the June 4, 2013 City Council meeting awaiting a
recommendation from the Planning and Zoning Commission.)
M. Ordinance No. 999, 2nd Reading, Abandon a pedestrian and equestrian
easement located along the southern boundary of Lots 10 through 17,
Block 1, Fox Hollow Addition as shown on the plat dated July 5, 1996.
(This item is tabled indefinitely.)
N. Ordinance No. 1062, 1St Reading, adopting the City of Southlake's Water
Impact Analysis Ordinance. (This item is being tabled until the June 4,
2013 City Council meeting. If approved, the public hearing will be
held on June 18, 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:
City of Southlake values:
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City of Southlake
City Council meeting agenda
May 21, 2013
Page 4 of 7
A. ZA13-042, Site Plan for Markham Fine Jewelers on property described as
Lot 1, Block 2R1, Southlake Town Square, Phase I, an addition to the City
of Southlake, Tarrant County, Texas and located at 218 State Street,
Southlake, Texas. Current Zoning: "DT" Downtown District. SPIN #8.
PUBLIC HEARING
7. Ordinances, first readings, and related items:
A. Ordinance No. 1065, (CP13-001), 1s' Reading, Land Use Plan
Amendment from Office Commercial to Mixed Use on property described
as Lot 1 R, Block 1, Medical Villas at Tuscan Creek, an addition to the City
of Southlake, Tarrant County, Texas and located at 321 West Southlake
Boulevard, Southlake, Texas. Current Zoning: "0-1" Office District.
Proposed Zoning :"S -P-1" Detailed Site Plan District. SPIN #10. (if
approved, the public hearing will be held on June 4, 2013.)
B. Ordinance No. 480-638, (ZA13-019), 1St Reading, Zoning Change and
Site Plan for Capelli Offices & Suites on property described as Lot 1R,
Block 1, Medical Villas at Tuscan Creek, an addition to the City of
Southlake, Tarrant County, Texas and located at 321 West Southlake
Boulevard, Southlake, Texas. Current Zoning: 0-1 Office District.
Proposed Zoning: S -P-1 Detailed Site Plan District with 0-1 Office District
uses and limited C-1 Neighborhood Commercial District uses. SPIN #10.
(if approved, the public hearing will be held on June 4, 2013.)
C. Ordinance No. 480-636, (ZA13-035), 1St Reading, Zoning Change and
Development Plan for Ridgeview II on property described as Tracts 1A,
1A1, 1A1A, 1A2, 1A2A, 1A2B, 1A3, 1A4, 1A4A, T.J. Thompson Survey,
Abstract No. 1502 Addition, Southlake, Tarrant County, Texas and being
located at 585-725 Davis Boulevard, Southlake, Texas. Current Zoning:
AG - Agriculture District. Requested Zoning: TZD - Transition Zoning
District. SPIN #10. (if approved, the public hearing will be held on
June 4, 2013.)
8. Resolutions: (There are no items on this agenda.)
9. Other items for consideration:
A. Consider SV13-007, Variance to Sign Ordinance No. 704-F regulations for
Genesee & Wyoming Inc. located at 425 East Southlake Boulevard.
B. Consider SV13-009, Variance to Sign Ordinance No. 704-F regulations for
Pharmacy Plus located at 721 East Southlake Boulevard, Suite 180.
10. Other items for discussion: (There are no items on this agenda.)
City of Southlake values.-
Integrity
alues:Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork
City of Southlake
City Council meeting agenda
May 21, 2013
Page 5 of 7
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, May 17, 2013 by 6:00 p.m.,
pursuant to the Texas Government CQ0e, Chapter 551.
Alicia Richardson, TRMC
OV•,•.•••,
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City Secretary '0
If you plan to attend this prub'Yi� meeti`n`g 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
May 21, 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 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
May 21, 2013
Page 7 of 7
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