2013-10-01lugCITY OF
SOUTHLAK.E
TEXAS
REGULAR CITY COUNCIL MEETING: OCTOBER 1, 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: Bob Mason
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 City Attorney
a. Seek the advice of the city attorney regarding legal regulations
related to allowable uses in CS -Community Services designation
and management of agreements for said designation.
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, employment, evaluation, reassignment,
duties, discipline, or dismissal of the Municipal Judge.
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
October 1, 2013
Page 2 of 9
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 September 17, 2013 Regular City Council
meeting.
B. Renew an interlocal agreement with Tarrant County for the construction of
the State Highway 114 Texas Turnaround at North Carroll Avenue and the
provision of County funds for construction in the amount of $250,000.
C. Purchase replacement vehicles from Caldwell Country Chevrolet in the
amount of $119,211.
D. Purchase replacement vehicles from Philpott Motors in the amount of
$296,559.
E. Purchase replacement vehicles from East Texas Mack truck sales in the
amount of $269,676.
F. Purchase equipment installation services for vehicle outfitting from
Professional Safety Systems in the amount of $4,065.
G. Resolution No. 13-035, Amend the fee schedule.
H. ZA13-085, Plat Revision for South Village at Watermere on property
described as Tract 6A2 and a portion of Tract 4D, Jesse G. Allen Survey,
Abstract No. 18, City of Southlake, Tarrant County, Texas, and Lot 4R3,
Block 1, Watermere at Southlake, an addition to the City of Southlake,
Tarrant County, Texas located at 2261, 2451 Union Church Rd. and 451
Watermere Dr., Southlake, Texas. Current Zoning: "TZD" Transition
Zoning District. SPIN Neighborhood #11.
Ordinance No. 1076, Approving a Negotiated Resolution between Atmos
Cities Steering Committee and Atmos Energy Corp. (If approved at first
reading, the public hearing will be held on October 17, 2013.)
City of Southlake values:
Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork
City of Southlake
City Council meeting agenda
October 1, 2013
Page 3 of 9
J. Cancel or reschedule the December 17, 2013 City Council meeting.
K. This item intentionally left blank.
L. TABLED ITEMS:
1. ZA13-065, Site Plan for Carroll Pointe on property described as Lot
1R, Greenway -Carroll Addition an addition to the City of Southlake,
Tarrant County, Texas located at 1201 E. State Highway 114, Southlake,
Texas. Current Zoning: "C-3" General Commercial District. SPIN
Neighborhood #8. (Applicant has requested to table this item to the
October 15, 2013 City Council meeting.)
2. SV13-016, Sign Variance to Sign Ordinance 704-F regulations for
Chuy's Restaurant located at the proposed Carroll Pointe development on
the southeast corner of Carroll Avenue and State Highway 114.
(Applicant has requested to table this item to the October 15, 2013
City Council meeting.)
3. 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 conducted on 9/3/2013
(Applicant has requested to table this item to the October 15, 2013
City Council meeting.)
4. 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 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 conducted on
9/3/2013 (Applicant has requested to table this item to the October
15, 2013 City Council meeting.)
5. Resolution No. 13-033 (ZA13-054), Specific Use Permit for
residential lofts in the Southlake Town Square "DT" Downtown District for
City of Southlake values:
Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork
City of Southlake
City Council meeting agenda
October 1, 2013
Page 4 of 9
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
conducted on 9/3/2013 (Applicant has requested to table this item to
the October 15, 2013 City Council meeting.)
6. 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. (Applicant has requested to table this
item to the October 15, 2013 City Council meeting.)
7. 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. (Applicant has requested to table this
item to the October 15, 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. ZA13-083, Site Plan for Trader Joe's on property described as Lot 4,
Block 5R, Southlake Town Square, an addition to the City of Southlake,
Tarrant County, Texas; and located at 141 Grand Ave., Southlake, Texas.
Current Zoning: "DT" Downtown District. SPIN Neighborhood #8. PUBLIC
HEARING
City of Southlake values.-
Integrity
alues:Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork
City of Southlake
City Council meeting agenda
October 1, 2013
Page 5 of 9
B. Resolution No. 13-036 (ZA13-095), Specific Use Permit for a multi-level
parking garage for Trader Joe's on property described as Lot 4, Block 5R,
Southlake Town Square, an addition to the City of Southlake, Tarrant
County, Texas; and located at 141 Grand Ave., Southlake, Texas. Current
Zoning: "DT" Downtown District. SPIN Neighborhood #8. PUBLIC
HEARING
C. ZA13-071, Site Plan for Little Sunshine's Playhouse on property described
as Lot 3R1, Block 60, Timarron Addition Phase 5, City of Southlake,
Tarrant County, Texas; and located at 600 Zena Rucker Road, Southlake,
Texas. Current Zoning: "R -PUD" Residential Planned Unit Development
District. SPIN #9. Public Hearing conducted on 9/3/2013
7. Ordinances, first readings, and related items:
A. Ordinance No. 480-646 (ZA13-077) 1 st Reading , Zoning Change and Site
Plan for Kimball Lakes on property described as Tract 3D and a portion of
Tract 313, Thomas Mahan Survey, Abstract No. 1049, City of Southlake,
Tarrant County Texas located at 600 & 660 N. Kimball Avenue, Southlake,
Texas. The current zoning is "S -P-1" Detailed Site Plan District, "AG"
Agriculture District and "NR -PUD" Non -Residential Planned Unit
Development District. Requested Zoning: "S -P-1" Detailed Site Plan
District. SPIN Neighborhood #4. (if approved, the public hearing will be
held on October 15, 2013.)
B. Ordinance No. 480-624a (ZA13-078) 1 st Reading, Zoning Change and Site
Plan for Silver Ridge Cottages on property described as Tract 3134 and a
portion of Tract 313, Thomas Mahan Survey, Abstract No. 1049, City of
Southlake, Tarrant County Texas located at 600 N. Kimball Avenue,
Southlake, Texas. The current zoning is "S -P-1" Detailed Site Plan District
and "AG" Agriculture District. Requested Zoning: "S -P-1" Detailed Site
Plan District. SPIN Neighborhood #4. (if approved, the public hearing
will be held on October 15, 2013.)
C. Ordinance No. 480-645 (ZA13-046) 1St Reading, Zoning Change and
Concept Plan for Union Church Estates on property described as Tracts
6132 and 6132A, Jesse G. Allen Survey, Abstract No. 18, City of Southlake,
Tarrant County, Texas, and located at 2535 and 2565 Union Church Rd.,
Southlake, Texas. The current zoning is "AG" Agricultural District. The
proposed zoning is "SF -1A" Single Family Residential District and "SF -2"
Single Family Residential District. SPIN Neighborhood #11. (if approved,
the public hearing will be held on October 15, 2013.)
City of Southlake values.-
Integrity
alues:Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork
City of Southlake
City Council meeting agenda
October 1, 2013
Page 6 of 9
D. Ordinance No. 480-643 (ZA13-060) 1St Reading, Zoning Change and Site
Plan for Southlake Park Village on property described Tracts 4, 4D and
4G, Obediah W. Knight Survey, Abstract No. 899, City of Southlake,
Tarrant County, Texas; and located at 1001 E. Southlake Blvd. and 400
and 430 S. Carroll Ave, Southlake, Texas. Current Zoning: "S -P-2"
Generalized Site Plan District and "AG" Agricultural District. Requested
Zoning: "S -P-1" Detailed Site Plan District. SPIN Neighborhood #9. (if
approved, the public hearing will be held on October 15, 2013.)
E. Ordinance 1074, (CP13-002) 1St Reading, Land Use Plan Amendment
from Office Commercial to Retail Commercial for Mody Southlake 1 on
property described as Lot 2, Block 1, Gumm Scifres Addition, an addition
to the City of Southlake, Tarrant County, Texas and located at 111 S.
Village Center Drive, Southlake, Texas. Current Zoning: "0-1" Office
District. Requested Zoning: "S -P-1" Detailed Site Plan District. SPIN
Neighborhood #8. (if approved, the public hearing will be held on
October 15, 2013.)
F. Ordinance 480-647 (ZA13-075) 1 st Reading, Zoning Change and Site Plan
for Mody Southlake 1 on property described as Lot 2, Block 1, Gumm
Scifres Addition, an addition to the City of Southlake, Tarrant County,
Texas and located at 111 S. Village Center Drive, Southlake, Texas.
Current Zoning: "0-1" Office District. Requested Zoning: "S -P-1" Detailed
Site Plan District. SPIN Neighborhood #8. (if approved, the public
hearing will be held on October 15, 2013.)
8. Resolutions: (There are no items on this agenda.)
9. Other items for consideration:
A. Consider proposed mural concept for the Department of Public Safety
North Training Facility.
B. Consider proposed sculpture concepts for the Department of Public Safety
North Training Facility.
C. Consider contract with artist Gary Alsum to provide art sculpture for the
Department of Public Safety North Training Facility.
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
October 1, 2013
Page 7 of 9
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, September 27, 2013 by 6:00 p.m.,
pursuant to the Texas GovernmenLCode, Chapter 551.
nrr+rr
Alicia Richardson, TRMC
City Secretary '• •'••••...•••'
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
alues:Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork
City of Southlake
City Council meeting agenda
October 1, 2013
Page 8 of 9
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. Legal issues related to property located at 3100, 3110, and 3112 East Southlake
Boulevard.
5. 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.
6. Metro-Plex Underground, LP v. Ed Bell Construction and ARCH Insurance
Company; Cause No. 048-258408-12
7. James & Kathleen Farley v. Mark Wilson, National Carriers, Inc., and City of
Southlake; Cause No. 09-15791.
8. Ed Bell Construction Company v. City of Southlake, Cause No. 348-262825-12.
9. Araceli Preljvukaj v. City of Southlake et al, Cause No. 153-267629-13
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.
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
City of Southlake values:
Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork
City of Southlake
City Council meeting agenda
October 1, 2013
Page 9 of 9
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