2013-08-20UCITY OF
SOUTHLAKE
TEXAS
REGULAR CITY COUNCIL MEETING: August 20, 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: Steven Bell
3. Fiscal Year 2014 Proposed Budget — Strategic Investments and Capital
Improvements Program
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
1. Call to order.
Z 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 subiect matter of
this City Council meeting.
1. Section 551.071: Consultation with the city attorney
a. Seek the advice of city attorney regarding proposed mediation for
pending litigation.
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.
3. REPORTS:
A. Mayor's Report
Proclamation — Southlake Historical Society
City of Southlake values:
Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork
City of Southlake
City Council meeting agenda
August 20, 2013
Page 2 of 8
2. Proclamation — Southlake Carroll Social Studies Team
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 August 6, 2013 Regular City Council meeting.
B. Award construction contract for FM 1938 Phase 2 Utility Relocation project
to Wilson Contractor Services, LLC in the amount of $1,845,378.
C. Resolution No. 13-034, Annual review of investment policy and investment
strategies.
D. Approve an agreement with St. Markin -in -the -Fields Episcopal Church for
open space.
E. Approve renewal of lease agreement with Top Flight.
F. Authorize purchase and installation of soft start motor control centers at
pump station #2 with Brandon & Clark, Inc. in the amount of $122,640.
G. Consider proposal to adopt a tax increase and set public hearing on the
tax rate for the September 3 and September 17, 2013 Regular City
Council meetings.
H. ZA13-011, Concept Plan for Southlake Town Square Garden District and
Brownstones Phase C on property described as Lot 24R and Lots 25-35,
Block 24, Lots 1-16 and Lot 38, Block 25, Lot 1, Block 28, Southlake Town
Square, Brownstones at Town Square, Phase B, an addition to the City of
Southlake, Tarrant County, Texas and Tracts 2A5 and 2A5E, Richard
Eads Survey, Abstract No. 481, City of Southlake, Tarrant County, Texas,
and generally located along Park Ridge Boulevard and east of Central
Avenue, Southlake, Texas. Current Zoning: "DT" Downtown District. SPIN
48. (At the request of the applicant this item has been tabled until the
September 3, 2013 City Council meeting.)
Resolution No. 13-032 (ZA13-053), Specific Use Permit for single family
residential in the "DT" Downtown District for Southlake Town Square
City of Southlake values:
Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork
Citi► of SniithInkP
City Council meeting agenda
August 20, 2013
Page 3 of 8
Brownstones Phase C on property described as Lot 24R, Lots 25-34 and
a portion of Lot 35, Block 24, Lots 1-16 and Lot 38, Block 25, Lot 1, Block
28, Southlake Town Square, Brownstones at Town Square, Phase B, an
addition to the City of Southlake, Tarrant County, Texas and a portion of
Tract 2A5E, Richard Eads Survey, Abstract No. 481, City of Southlake,
Tarrant County, Texas, and generally located along Park Ridge Boulevard
and east of Central Avenue, Southlake, Texas. Current Zoning: "DT"
Downtown District. SPIN #8. (At the request of the applicant this item
has been tabled until the September 3, 2013 City Council meeting.)
J. Resolution No. 13-033 (ZA13-054), Specific Use Permit for residential lofts
in the Southlake Town Square "DT" Downtown District for The Residences
on property described as Lot 4, Block 4111, Southlake Town Square,
Phase I, an addition to the City of Southlake, Tarrant County, Texas and
located at 1471 Federal Way, Southlake, Texas. Current Zoning: "DT"
Downtown District. SPIN #8. (This item was tabled at the August 8,
2013 Planning and Zoning Commission meeting. if approved at the
August 22, 2013 Planning and Zoning Commission meeting the
public hearing will be at the September 3, 2013 City Council
meeting.)
K. ZA13-012, Preliminary Plat for Southlake Town Square Garden District
and Brownstones Phase C on property described as Lot 24R and Lots 25-
35, Block 24, Lots 1-16 and Lot 38, Block 25, Lot 1, Block 28, Southlake
Town Square, Brownstones at Town Square, Phase B, an addition to the
City of Southlake, Tarrant County, Texas and Tract 2A5E, Richard Eads
Survey, Abstract No. 481, City of Southlake, Tarrant County, Texas, and
generally located along Park Ridge Boulevard and east of Central Avenue,
Southlake, Texas. Current Zoning: "DT" Downtown District. SPIN #8. (At
the request of the applicant this item has been tabled until the
September 3, 2013 City Council meeting.)
L. ZA13-080, Plat Revision for Southlake Town Square Garden District and
Brownstones Phase C on property described as Lot 24R and Lots 25-35,
Block 24, Lots 1-16 and Lot 38, Block 25, Lot 1, Block 28, Southlake Town
Square, Brownstones at Town Square, Phase B, an addition to the City of
Southlake, Tarrant County, Texas and Tract 2A5E, Richard Eads Survey,
Abstract No. 481, City of Southlake, Tarrant County, Texas, and generally
located along Park Ridge Boulevard and east of Central Avenue,
Southlake, Texas. Current Zoning: "DT" Downtown District. SPIN #8. (At
the request of the applicant this item has been tabled until the
September 3, 2013 City Council meeting.)
M. Ordinance No. 480-643 (ZA13-060), 181 Reading, Zoning Change and Site
Plan for Southlake Park Village on property described Tracts 4, 4D and
City of Southlake values:
Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork
r:ity of Southlake
City Council meeting agenda
August 20, 2013
Page 4 of 8
4G, Obediah W. Knight Survey, Abstract No. 899, City of Southlake,
Tarrant County, Texas; and located at 1001 East Southlake Boulevard
and 400 and 430 South Carroll Avenue, Southlake, Texas. Current
Zoning: "S -P-2" Generalized Site Plan District and "AG" Agricultural
District. Proposed Zoning: "S -P-1" Detailed Site Plan District. SPIN #9.
(This item is being tabled until the October 1, 2013 City Council
meeting awaiting a recommendation from the Planning and Zoning
Commission.)
N. ZA13-065, Site Plan for Carroll Pointe on property described as Lot 1 R,
Greenway -Carroll Addition an addition to the City of Southlake, Tarrant
County, Texas located at 1201 East State Highway 114, Southlake,
Texas. Current Zoning: "C-3" General Commercial District. SPIN #8. (This
item was tabled at the August 8, 2013 Planning and Zoning
Commission meeting. If approved at the August 22, 2013 Planning
and Zoning Commission meeting the public hearing will be at the
September 3, 2013 City Council meeting.)
O. Ordinance No. 480-636 (ZA13-035), 2 d Reading, Zoning Change and
Development Plan for Ridgeview II on property described as Tracts 1A,
1A1, WA, A, 1 A2, WA, 1 A2B, 1A3, 1A4, IMA, 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" - Agricultural District. Proposed Zoning: "TZD" - Transition Zoning
District. SPIN #10. (At the request of the applicant this item is being
tabled indefinitely.)
P. ZA13-036, Preliminary Plat for Ridgeview II on property described as
Tracts 1 A, 1 Al, 1 Al A, 1 A2, 1 A2A, 1 A2B, 1 A3, 1 A4, 1 MA, 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" - Agricultural District. SPIN #10. (At the request of the
applicant this item is being tabled indefinitely.)
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:
integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork
Cite of Soidhlake
City Council meeting agenda
August 20, 2013
Page 5 of 8
A. Ordinance No. 480-641 (ZA13-043), 2nd Reading, Zoning Change and
Concept Plan for 1833 Our Lane on property being described as Tracts
2C11, 2C12 and 2C13, W. Martin Survey, Abstract No. 1068, City of
Southlake, Tarrant County, Texas and located at 1833, 1847 and 1851
Our Lane, Southlake, Texas. Current Zoning: "AG" Agricultural District.
Proposed Zoning: "SF -1A" Single Family Residential District. SPIN 45.
PUBLIC HEARING
B. Ordinance No. 480-631a (ZA13-067), 2nd Reading, Zoning Change and
Development Plan for Highland Oaks on property described as Tracts
8CO2, 8D01, 8D03 and a portion of Tract 8C, Thomas M. Hood Survey,
Abstract No. 706, City of Southlake, Tarrant County, Texas and Lots 8,
9R1 and 10, T.M. Hood No. 706 Addition, an addition to the City of
Southlake, Tarrant County, Texas, and located at 200, 220, 280, 300, 310,
320 and 340 West Highland Street, Southlake, Texas. Current Zoning: "R -
PUD" Residential Planned Unit Development District. Proposed Zoning:
"R -PUD" Residential Planned Unit Development District. SPIN 45.
PUBLIC HEARING
C. ZA13-063, Plat Revision for Highland Oaks on property described as
Tracts 8CO2, 8D01, 8D03 and a portion of Tract 8C, Thomas M. Hood
Survey, Abstract No. 706, City of Southlake, Tarrant County, Texas and
Lots 8, 9R1 and 10, T.M. Hood No. 706 Addition, an addition to the City of
Southlake, Tarrant County, Texas, and located at 200, 220, 280, 300, 310,
320 and 340 West Highland Street, Southlake, Texas. Current Zoning: "R -
PUD" Residential Planned Unit Development District. SPIN #5.
D. This item was intentionally left blank.
E. This item was intentionally left blank.
F. Ordinance No. 480-644 (ZA13-066), 2nd Reading, Zoning Change and Site
Plan for Complete Emergency Care on property described as Lot 2R,
Block 1, Medical Villas at Tuscan Creek, 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. PUBLIC HEARING
G. ZA13-072, Site Plan for Southlake Storage on property being described as
Lot 513, Brumlow Industrial District Phase II, an addition to the City of
Southlake, Tarrant County, Texas, located at 1928 Brumlow Avenue,
Southlake Texas. PUBLIC HEARING
H. Ordinance No. 999, 2nd Reading, Abandon a pedestrian and equestrian
easement located along the southern boundary of Lots 10 through 17,
City of Southlake values:
Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork
City of Southlake
City Council meeting agenda
August 20, 2013
Page 6 of 8
Block 1, Fox Hollow Addition, as shown on the plat dated July 5, 1996.
PUBLIC HEARING
Ordinance No. 1068, 2nd Reading, Abandonment of existing utility
easements for the DFW Connector Project. PUBLIC HEARING
7. Ordinances, first readings, and related items:
A. Ordinance No. 480-546a (ZA13-081), 1St Reading, Zoning Change and
Site Plan for 1575 East Southlake Boulevard (Ebby Halliday Realtors) on
property being described as Lot 2AR, Block 1, Garbutt Addition, an
addition to the City of Southlake, Tarrant County, Texas and located at
1575 East Southlake Boulevard, Southlake, Texas. Current Zoning: "S -P-
1" Detailed Site Plan District. Proposed Zoning: "S -P-1" Detailed Site Plan
District. SPIN #8. (if approved at first reading, the public hearing will
be held September 3, 2013.)
8. Resolutions: (There are no items on this agenda.)
9. Other items for consideration:
A. Award construction of North Kimball Avenue from Kirkwood Boulevard to
Dove Road to Pavecon, LTD in the amount of $3,464,780.40.
10. Other items for discussion: (There are no items on this agenda.)
11. Meeting adjourned.
CERTIFICATE
hereby certify that the above agenda was posted on the official bulletin boards at Town
Hall, 1400 Main Street, Southlake, Texas, on Friday, August 16, 2013 by 6:00 p.m.,
pursuant to the Texas Government Code, Chapter 551.
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Traci Riggs, TRN %. '
Deputy City Secr6tarjl••.,,,...••P'
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If you plan to attend 1his "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 SniFthlnke
City Council meeting agenda
August 20, 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 regarding ros ective 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 ersonnel 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 securitydvices. 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 Sotathlakp
City Council meeting agenda
August 20, 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 i eline safe!y. 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