2013-09-03lugCITY OF
SOUTHLAK.E
TEXAS
REGULAR CITY COUNCIL MEETING: SEPTEMBER 3, 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: Jason Daughtry
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.
1. 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.
2. Section 551.074: Deliberation regarding personnel matters
a. Deliberate the appointment, employment, evaluation, reassignment,
duties, discipline, or dismissal of the Municipal Judge.
3. 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:
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City Council meeting agenda
September 3, 2013
Page 2 of 7
A. Mayor's Report
1. Recognize State Representatives Giovanni Capriglione and Tan
Parker.
2. Proclamation — Adam Horne
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 20, 2013 Regular City Council meeting.
B. Approve local project advance funding agreement with Texas Department
of Transportation (TxDOT) for the Watermere traffic signal construction in
the amount of $195,003.
C. Ratify construction expenses paid to Simmons Estate Homes for water
line construction in the amount of $28,177.
D. This item was intentionally left blank.
E. Consider approval of a request from the Polycystic Kidney Disease
Foundation North Texas Chapter to display event sponsor vehicles on
public property.
F. 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. (At
the request of the applicant this item has been tabled until the
October 1, 2013 City Council meeting.)
G. Ordinance No. 480-PPPP, 1 st Reading, Amendment to the
Comprehensive Zoning Ordinance No. 480, as amended, as it pertains to
private stables, including the boarding of horses in areas other than the
Agricultural District for the keeping of grazing animals. (This item was
tabled at the August 22, 2013 Planning and Zoning Commission
meeting. Staff is administratively tabling this item to the October 17,
2013 Planning and Zoning Commission Meeting. If a
recommendation is made on this item at the October 17, 2013
City of Southlake values.-
Integrity
alues:Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork
City of Southlake
City Council meeting agenda
September 3, 2013
Page 3 of 7
Planning and Zoning Commission meeting the first reading will be at
the November 5, 2013 City Council meeting.)
H. Ordinance No. 1069, 1St Reading, Amendment to the Southlake Code of
Ordinance, Subpart A, General Ordinances, Chapter 4 "Animals", Article I,
II, III, and repealing Ordinance No. 530-A and Ordinance No. 530-B as it
pertains to the keeping of animals (Animal Control Ordinance). (Staff is
administratively tabling this item until the November 5, 2013 City
Council meeting.)
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. 480-546a (ZA13-081), 2nd Reading, Zoning Change and
Site Plan for 1575 East Southlake Boulevard Ebby Halliday Realtors on
property being described as Lot 2AR, Block 1, Gorbutt 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. Requested Zoning: "S -P-1" Detailed Site
Plan District. SPIN #8. PUBLIC HEARING
B. 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
#8. PUBLIC HEARING
C. Resolution No. 13-032 (ZA13-053), Specific Use Permit for single family
residential in the "DT" Downtown District for Southlake Town Square
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
City of Southlake values:
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City Council meeting agenda
September 3, 2013
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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. PUBLIC HEARING
D. 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 4R1, 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. PUBLIC HEARING
E. 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.
F. 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.
G. 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 #5.
PUBLIC HEARING.
H. Consider a proposal to adopt a tax increase as a result of the proposed
tax rate of $.462 exceeding the effective tax rate by 2.9%. PUBLIC
HEARING
Ordinance No. 1070, 1St Reading, Approve and adopt the Annual Budget
for the Fiscal Year 2014 and approve the revised budget figures for the
Fiscal Year 2013 and Multi -Year Capital Improvements Program. (/f
City of Southlake values.-
Integrity
alues:Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork
City of Southlake
City Council meeting agenda
September 3, 2013
Page 5 of 7
approved at first reading, a public hearing will be held on September
17, 2013.)
J. Ordinance No. 1071, 1St Reading, Tax Levy Ordinance. (If approved at
first reading, a public hearing will be held on September 17, 2013.)
K. Ordinance No. 1072, 1St Reading, Approve an ordinance of the City of
Southlake, Texas, providing for a residential homestead property tax
exemption. (If approved at first reading, a public hearing will be held
on September 17, 2013.)
L. Approval of amended Fiscal Year 2013 Crime Control and Prevention
District Operating Budget and adoption of Fiscal Year 2014 Crime Control
and Prevention District Operating Budget and Multiyear Capital
Improvement Plan. PUBLIC HEARING
7. Ordinances, first readings, and related items: (There are no items on this
agenda.)
8. Resolutions: (There are no items on this agenda.)
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, August 30, 2013 by 6:00 p.m.,
pursuant to the Texas GovernmeQtJqode, Chapter 551.
Alicia Richardson, TRMC ;�v.-,�-
City Secretary 'r •'-•••.-
'rrr'r'r+r
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 ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork
City of Southlake
City Council meeting agenda
September 3, 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.
City of Southlake values:
Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork
City of Southlake
City Council meeting agenda
September 3, 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