2013-06-18lugCITY OF
SOUTHLAK.E
TEXAS
REGULAR CITY COUNCIL MEETING: June 18, 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. Seek the advice of city attorney regarding 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.
3. Section 551.074: Deliberation regarding personnel matters
a. Deliberate the appointment of city board and commission members.
City of Southlake values.-
Integrity
alues:Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork
City of Southlake
City Council meeting agenda
June 18, 2013
Page 2 of 8
B. Reconvene: Action necessary on items discussed in Executive Session.
3. REPORTS:
A. Mayor's Report
1. Recognition of Azka A. Rafique
2. Recognition of Carroll Theatre Department
3. Baylor Medical Tower Update — Steve Newton
4. Proclamation — National Parks and Recreation Month
B. City Manager's Report
1. Legislative Update — End of Session Report, 83rd Legislative
Session
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 June 4, 2013 Regular City Council meeting
B. This item intentionally left blank.
C. Approve annual contract renewal for Lewis Concrete Restoration for
manhole and wet well rehab services in an amount not to exceed
$250,000.
D. Approve interlocal agreement with the City of Keller for the FM 1938 Water
and Sanitary Sewer Relocation Project.
E. Approve the annual interlocal agreement with Tarrant County to provide
tax collection and assessment services for ad valorem taxes levied by the
City of Southlake for tax year 2013.
F. SV13-013, Variance to the Sign Ordinance No. 704-F regulations for Land
Sign/Existing Building Lease Sign for Forest Park Medical Office Building
located at 451 East State Highway 114.
G. Approve Residential Developer Agreement with Terra Land Management
Company, Inc. for Shady Oaks 2G.
H. Approve amendment to agreement with the RPGA for design services for
DPS North facility in the amount of $711,700.
City of Southlake values.-
Integrity
alues:Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork
City of Southlake
City Council meeting agenda
June 18, 2013
Page 3 of 8
Approve telecom expenses pursuant to state contract (DIR-SDD-604) with
Verizon services in the amount of $124,000.
J. Approve telecom and internet expenses with One Source
Communications in the amount of $60,000.
K. Approve copier service expenses with Toshiba in the amount of $71,000.
L. Ordinance No. 480-642, (ZA13-055), 1St Reading, Zoning Change and
Concept Plan for Lots 5 & 6, J. Childress No. 253 Addition on property
being described as Tract 1 C & 1 E, J. Childress Survey, Abstract No. 253,
Southlake, Tarrant County, Texas and located at 1375 and 1395 Randol
Mill Avenue, Southlake, Texas. The Current Zoning is "AG" Agriculture
District. The Requested Zoning is "SF -1A" Single Family Residential
District. SPIN #5. (if approved, the public hearing will be held on
August 6, 2013.)
M. Consider SV13-009, Variance to Sign Ordinance No. 704-F regulations for
Pharmacy Plus located at 721 East Southlake Boulevard, Suite 180.
N. Approve amendment to agreement with Lee Lewis Construction, Inc. for
construction manager at risk services for installation of a fuel tank,
installation of firing range rifle baffles, construction of a data recovery
room, and additional audio/visual equipment for the DPS North Training
Facility project in the amount of $290,933.
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.
PUBLIC HEARING
City of Southlake values.-
Integrity
alues:Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork
City of Southlake
City Council meeting agenda
June 18, 2013
Page 4 of 8
B. Ordinance No. 480-638, (ZA13-019), 2nd 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. 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. PUBLIC HEARING
C. Resolution No. 13-026 (ZA13-006), Specific Use Permit for outdoor sales
or services for Tropical Sno-cone stand on property being described as
Lot 34, F. Throop No. 1511 Addition, City of Southlake, Tarrant County,
Texas and located at 2199 East Dove Road, Southlake, Texas. The
Current Zoning is "C-1" Neighborhood Commercial Zoning District. SPIN
#4. PUBLIC HEARING
D. Resolution No. 13-028 (ZA13-059), Specific Use Permit for a temporary
construction trailer for K. Hovnanian Homes on property being described
as Lot 1, Block 17, Carillon Phase 2A-2, an addition to the City of
Southlake, Tarrant County, Texas and located at 1601 Riviera Lane,
Southlake Texas. The Current Zoning is "ECZ" Employment Center
Zoning District. SPIN #3. PUBLIC HEARING
E. Ordinance No. 480-640, (ZA13-056), 2nd 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. PUBLIC HEARING
F. Ordinance No. 480-639, (ZA13-038), 2nd 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. PUBLIC HEARING
G. ZA13-049, 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 located at 140 State Street, Southlake, Texas.
The current zoning is "DT" Downtown District. SPIN #8. PUBLIC
HEARING
City of Southlake values:
Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork
City of Southlake
City Council meeting agenda
June 18, 2013
Page 5 of 8
H. Ordinance No. 480-0000, 2nd Reading, an amendment to the
Comprehensive Zoning Ordinance No. 480, as amended, adding variance
provisions to Section 37 — "DT" Downtown District. PUBLIC HEARING
Ordinance No. 480-353a (ZA13-047), 2nd 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
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. PUBLIC HEARING
J. Ordinance No. 733-C, 2nd Reading, approve a speed limit ordinance,
amending Section 18-80 of the Southlake City Code, revising the
activation times of school crossing zones. PUBLIC HEARING
K. Ordinance No. 1066, 2nd Reading, approving and adopting 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
ordinance to the Company and ACSC legal counsel. PUBLIC HEARING
L. Resolution No. 13-027 (ZA13-058), Specific Use Permit for a Mass
Gathering Event for Stars and Stripes on property located within
Southlake Town Square and being generally located within the area
between East Southlake Boulevard. to the south, State Highway 114 to
the north and Carroll Avenue to the west. The Current Zoning is "DT"
Downtown District. The purpose of this request is to hold the Stars and
Stripes event at Southlake Town Square on Wednesday, July 3, 2013
between 6:00 p.m. - 11:00 p.m. and includes the following activities:
patriotic games, crafts and activities, inflatables, strolling entertainment,
live music, patriotic ceremony, fireworks show, concession vendors and
food trucks. SPIN #8. PUBLIC HEARING
M. Ordinance No. 1062, 2nd Reading, adopting the City of Southlake's Water
Impact Analysis Ordinance. PUBLIC HEARING
7. Ordinances, first readings, and related items: (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
June 18, 2013
Page 6 of 8
8. Resolutions:
A. Resolution No. 13-029, appoint members to various positions on the
Building Board of Appeals, Parks and Recreation Board, Planning and
Zoning Commission, Southlake Parks Development Corporation and
Zoning Board of Adjustment and 2030 Sustainability Committee.
9. Other items for consideration: (There are no items on this agenda.)
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, June 14, 2013 by 6:00 p.m.,
pursuant to the Texas GovernmetighQode, Chapter 551.
r
i
Alicia Richardson, TRMC V%
City Secretary '
If you plan to attend this pusi�:,n tl'ng 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
June 18, 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
June 18, 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