2013-06-04lugCITY OF
SOUTHLAK.E
TEXAS
REGULAR CITY COUNCIL MEETING: June 4, 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: Clayton Reed
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. Discuss vesting regulation and requirements associated with
Section 245 of the Texas Local Government Code and the City's
Zoning Ordinance 480 as amended, the City's Subdivision
Ordinance 483 as amended, the City's Masonry Ordinance 557 as
amended, and the City's Landscape Ordinance 544 as amended.
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.-
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City Council meeting agenda
June 4, 2013
Page 2 of 8
3. REPORTS:
A. Mayor's Report
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 May 21, 2013 Joint City Council and Senior
Advisory Commission meeting and May 21, 2013 Regular City Council
meeting.
B. Approve an annual agreement for providing odor control treatment at lift
stations with Premier Magnesia, LLC in the amount of $127,997.
C. Approve an amendment to the City's commercial developer agreement
template.
D. Review and approve proposed revisions and additions to the City's
strategy map.
E. ZA13-037, Preliminary Plat for Savannah Estates, on property described
as Tracts 1 B, 1 B2, 1132A, 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,
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: R -PUD - Residential Planned Unit
Development. SPIN #5.
F. This item was intentionally left blank.
G. Approve proposed change in the City of Southlake's relationship with
Suzhou, Wuzhong District, China from Friendship City to Friendly City.
H. Ordinance No. 1066, 1St Reading, Approve and adopt rate schedule
"RRM-Rate Review mechanism" for Atmos Energy corporations, Mid -Tex
Division to be in force in the City for a period of time as specified in the
rate schedule; Adopting a savings clause; determining that this ordinance
was passed in accordance with the requirements of the Texas Open
Meetings Act; declaring an effective date; and requiring delivery of this
City of Southlake values.-
Integrity
alues:Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork
City of Southlake
City Council meeting agenda
June 4, 2013
Page 3 of 8
ordinance to the Company and ACSC legal counsel. (if approved the
public hearing will be held on June 18, 2013.)
Approve permit to allow an art gallery reception on September 8, 2013
and an art exhibit September 8 - October 31, 2013 in the Town Hall lobby.
J. Approve permit to allow art gallery reception February 23, 2014 and an art
exhibit February 23 - April 27, 2014, in the Town Hall lobby.
K. Ordinance No. 733-C, 1St Reading, approve a speed limit ordinance,
amending Section 18-80 of the Southlake City Code, revising the
activation times of school crossing zones. (if approved at 1St Reading,
the public hearing for this item will be held on June 18, 2013.)
L. Approve Absences for 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:
A. Ordinance No. 1065, (CP13-001), 2nd 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. The current zoning is "0-1" Office District.
The proposed zoning is "S -P-1" Detailed Site Plan District. SPIN #10.
(This item is tabled until the June 18, 2013 City Council meeting.)
B. Ordinance No. 480-638, (ZA13-019), 2nd Reading, Zoning Change and
Site Plan for Capelli Offices & Suites 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. The current zoning is "0-1" Office District.
The proposed zoning is "S -P-1" Detailed Site Plan District with "0-1"
Office District uses limited "C-1" Neighborhood Commercial District uses.
SPIN #10. (This item is tabled until the June 18, 2013 City Council
meeting.)
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City Council meeting agenda
June 4, 2013
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C. Ordinance No. 480-636, (ZA13-035), 2nd Reading, Zoning Change and
Development Plan for Ridgeview II on property described as Tracts 1A,
1A1, WA, 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 is
"AG" Agriculture District. Requested zoning is "TZD" Transition Zoning
District. SPIN #10. PUBLIC HEARING
D. ZA13-036, Preliminary Plat for Ridgeview II on property described as
Tracts 1A, 1A1, WA, 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. SPIN #10.
E. Ordinance No. 480-637, (ZA13-040), 2nd Reading, Zoning Change and
Concept Plan for 250 Lilac Lane on property described as Tract 213,
Obediah W. Knight Survey, Abstract No. 899, Southlake, Tarrant County,
Texas and being located at 250 Lilac Lane, Southlake, Texas. Current
zoning is "AG" Agriculture District. Requested zoning is "SF -2" Single
Family Residential District. SPIN #9. PUBLIC HEARING
F. 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, Tarrant County, Texas located at 1200 North
Kimball Avenue, Southlake, Texas. Current zoning is "B-1" Business
Service Park District. SPIN #4. PUBLIC HEARING
7. Ordinances, first readings, and related items:
A. Ordinance No. 480-639, (ZA13-038), 1St Reading, zoning change and
Development Plan for 1700 Shady Oaks Drive on property being
described as Tract 2D, T.M. Hood Survey, Abstract No. 706, City of
Southlake, Tarrant County, Texas , located at 1700 Shady Oaks Drive,
Southlake, Texas. The current zoning is "AG" Agriculture District. The
requested zoning is "R -PUD" Residential Planned Unit Development.
SPIN #5. (if approved the public hearing will be held on June 18,
2013.)
B. Ordinance No. 480-353A, (ZA13-047), 1St Reading, Zoning Change and
Concept/Site Plan for Lots 16 through 19, O.W. Knight No. 899 Addition,
an addition to the City of Southlake, Tarrant County, Texas and being
located at 315, 325, 415 and 425 East Southlake Boulevard, Southlake,
Texas. Current Zoning: "S -P-2" Generalized Site Plan District with "0-1"
Office District Uses. Proposed Zoning: "S -P-2" Generalized Site Plan
City of Southlake values.-
Integrity
alues:Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork
City of Southlake
City Council meeting agenda
June 4, 2013
Page 5 of 8
District with "0-1" Office District uses and limited "C-3" General
Commercial District uses on Lot 18. O.W. Knight No. 899 Addition,
located at 415 East Southlake Boulevard, to include an Ambulatory
Surgery Center Use. SPIN #10. (if approved the public hearing will be
held on June 18, 2013.)
C. Ordinance No. 480-640, (ZA13-056), 1St Reading, Zoning Change and Site
Plan for the TRA Lift Station Rehabilitation on property being described as
Tracts 4A1A, 4131 and 4132, R. Price Survey, Abstract No. 1207, City of
Southlake, Tarrant County, Texas located at 3200 North White Chapel
Boulevard, Southlake, Texas. The current zoning is "R -PUD" Residential
Planned Unit Development. The requested zoning is "S -P-1" Detailed Site
Plan. SPIN #1. (if approved the public hearing will be held on June 18,
2013.)
D. Ordinance No. 480-0000, 1St Reading, an amendment to the
Comprehensive Zoning Ordinance No. 480, as amended, adding variance
provisions to Section 37 — "DT" Downtown District. (if approved the
public hearing will be held on June 18, 2013.)
E. Ordinance No. 1062, 1St Reading, adopting the City of Southlake's Water
Impact Analysis Ordinance. (if approved the public hearing will be held
on June 18, 2013.)
8. Resolutions: (There are no items on this agenda.)
9. Other items for consideration:
A. SV13-011, Variance to Sign Ordinance No. 704-F regulations for
Starbucks located at 2645 East Southlake Boulevard, Suite 100.
B. SV13-012, Variance to Southlake Town Square Phase One Conditional
Sign Permit for Lululemon located at 1256 Main Street, Suite 244.
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
June 4, 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 Friday, May 31, 2013 by 6:00 p.m.,
pursuant to the Texas Governme@L,Qgde, Chapter 551.
Alicia Richardson, TRMC b
City Secretary •''•••••••''-
If you plan to attend this put 4iG 66*e6g 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
June 4, 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.
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City of Southlake
City Council meeting agenda
June 4, 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