2013-10-15lugCITY OF
S0UTHLA1<,E
TEXAS
REGULAR CITY COUNCIL MEETING: OCTOBER 15, 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.
1. Section 551.071: Consultation with City Attorney
a. Seek the advice of the city attorney regarding legal issues relating
to aircraft noise and airspace utilization.
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
1. Recognize State Senator Kelly Hancock
B. City Manager's Report
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City Council meeting agenda
October 15, 2013
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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 October 1, 2013 Regular City Council meeting.
B. Approve Resolution No. 13-037, Appointing members to various positions
on the Crime Control and Prevention District, Library Board, Metroport
Teen Court, Senior Advisory Commission, Southlake Arts Council, and
Southlake Business Council.
C. Approve third amendment to commercial developer agreement with the
developer of the Brownstones, Cooper & Stebbins L.P., and the
Brownstones at Town Square Owners Association for landscaping and
related infrastructure in City right of way.
D. Approve second annual contract renewal with First Vehicle Services for
preventative maintenance and repair services for fire apparatus.
E. Approve interlocal agreement with Tarrant County for participation in
construction of the Watermere Drive at FM 1709 traffic signal.
F. Ordinance No. 480-338e (ZA13-093), 1St Reading, Zoning Change and
Site Plan for the CISD Senior High School on property being described as
Lot 1, Block 1, Carroll Senior High School Addition, an addition to the City
of Southlake, Tarrant County, Texas and being located at 1501 W.
Southlake Blvd., Southlake, Texas. Current Zoning: S -P-1 Detailed Site
Plan District. Requested Zoning: S -P-1 Detailed Site Plan District. SPIN
Neighborhood #10. (if approved, the public hearing will be held on
November 5, 2013.)
G. This item was intentionally left blank.
H. Approve Absences for a Planning and Zoning Commissioner.
I. TABLED ITEMS:
1. 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
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October 15, 2013
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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 November 19, 2013
City Council meeting.)
2. 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 November
19, 2013 City Council meeting.)
3. 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
conducted on 9/3/2013 (Applicant has requested to table this item to
the November 19, 2013 City Council meeting.)
4. 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 November 19, 2013 City Council meeting.)
5. 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
City of Southlake values.-
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alues:Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork
City of Southlake
City Council meeting agenda
October 15, 2013
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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 November 19, 2013 City Council meeting.)
6. Ordinance No. 480-648 (ZA13-084), 1st Reading, Zoning Change
and Development Plan for Gateway Lakes on property described as Lot 1,
Block 3, Gateway Church — 114 Campus, Tract 2A4, T. Mahan Survey,
Abstract No. 1049 and a portion of Lot 1 and all of Lot 2, Hanna Addition,
an addition to the City of Southlake, Tarrant County, Texas located at 890,
1000 and 1030 N. Kimball Avenue and 2000 E. Kirkwood Boulevard,
Southlake, Texas. The current zoning is "AG" Agricultural District and "NR -
PUD" Non -Residential Planned Unit Development. Requested Zoning:
"TZD" Transition Zoning District. SPIN Neighborhood #4. (The Planning
and Zoning Commission tabled item to their October 17, 2013
meeting. If approved, City Council will consider first reading at their
November 5, 2013 meeting. If approved, the public hearing will be
held on November 19, 2013.)
7. Ordinance 1077, (CP13-005), 1St Reading, Land Use Plan
Amendment from Low Density Residential and Medium Density
Residential to Mixed Use for Gateway Lakes on property described as Lot
1 and Lot 2, Hanna Addition, an addition to the City of Southlake, Tarrant
County, Texas and located at 1000 and 1030 N. Kimball Avenue,
Southlake, Texas. Current Zoning: "AG" Agricultural Zoning District.
Requested Zoning: "TZD" Transition Zoning District. SPIN Neighborhood
# 4. (The Planning and Zoning Commission tabled item to their
October 17, 2013 meeting. If approved, City Council will consider
first reading at their November 5, 2013 meeting. If approved, the
public hearing will be held on November 19, 2013.)
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.)
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City Council meeting agenda
October 15, 2013
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6. Ordinances, second readings, public hearings, and related items:
A. Ordinance No. 480-645 (ZA13-046) 2nd 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. Current Zoning: "AG" Agricultural District. Requested
Zoning: "SF -1A" Single Family Residential District and "SF -2" Single
Family Residential District. SPIN Neighborhood #11. PUBLIC HEARING
B. ZA13-087, Preliminary Plat 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. Current Zoning: "AG"
Agricultural District. SPIN Neighborhood #11.
C. Ordinance No. 480-643 (ZA13-060) 2nd 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 is "S -P-2"
Generalized Site Plan District and "AG" Agricultural District. Requested
Zoning: "S -P-1" Detailed Site Plan District. SPIN Neighborhood # 9.
PUBLIC HEARING
D. ZA13-061, Preliminary Plat for Lot 1, Block 1 and Lot 1, Block 2,
Southlake Park Village on property described as 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 is "S -P-2" Generalized
Site Plan District and "AG" Agricultural District. Requested Zoning: "S -P-1"
Detailed Site Plan District. SPIN Neighborhood #9.
E. Ordinance 1074, (CP13-002) 2nd 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 South
Village Center Drive, Southlake, Texas. Current Zoning: "0-1" Office
District. Requested Zoning: "S -P-1" Detailed Site Plan District. SPIN
Neighborhood #8. PUBLIC HEARING
F. Ordinance 480-647 (ZA13-075) 2nd 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.
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October 15, 2013
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Current Zoning: "0-1" Office District. Requested Zoning: "S -P-1" Detailed
Site Plan District. SPIN Neighborhood #8. PUBLIC HEARING
G. Ordinance No. 480-646 (ZA13-077), 2nd Reading, Zoning Change and Site
Plan for Kimball Lakes on property described as Tract 3D and a portion of
Tract 3B, 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"
Agricultural District and "NR -PUD" Non -Residential Planned Unit
Development District. Requested Zoning: "S -P-1" Detailed Site Plan
District. SPIN Neighborhood #4. PUBLIC HEARING
H. Ordinance No. 480-624a (ZA13-078), 2nd Reading, Zoning Change and
Site Plan for Silver Ridge Cottages on property described as Tract 3134
and a portion of Tract 3B, Thomas Mahan Survey, Abstract No. 1049, City
of Southlake, Tarrant County Texas located at 600 N. Kimball Avenue,
Southlake, Texas. Current Zoning: "S -P-1" Detailed Site Plan District and
"AG" Agricultural District. Requested Zoning: "S -P-1" Detailed Site Plan
District. SPIN Neighborhood #4. PUBLIC HEARING
ZA13-079, Preliminary Plat for Silver Ridge Addition Phase II on property
described as Tracts 3A4, 3C1, 3B, 3134 and 3D, Thomas Mahan Survey,
Abstract No. 1049, City of Southlake, Tarrant County Texas located at
600, 640, 650 & 660 N. Kimball Avenue, Southlake, Texas. Current
Zoning is "S -P-1" Detailed Site Plan District and "NR -PUD" Non -
Residential Planned Unit Development District. Requested Zoning: "S -P-1"
Detailed Site Plan District. SPIN Neighborhood #4.
J. ZA13-089, Site Plan for Trinity Partners Professional Office Building on
property proposed as Lots 3 and 4, T. Mahan No. 1049 Addition and
currently described as Tract 3A1, Thomas Mahan Survey, Abstract No.
1049, City of Southlake, Tarrant County Texas located at 450 N. Kimball
Avenue, Southlake, Texas. Current Zoning: 1-1" Light Industrial District.
SPIN Neighborhood #4. PUBLIC HEARING
K. ZA13-090. Plat Showing for Lots 3 and 4, T. Mahan No. 1049 Addition,
currently described as Tract 3A1, Thomas Mahan Survey, Abstract No.
1049, City of Southlake, Tarrant County Texas located at 450 North
Kimball Avenue, Southlake, Texas. Current Zoning: 1-1" Light Industrial
District. SPIN Neighborhood #4.
L. 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.
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City Council meeting agenda
October 15, 2013
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Current Zoning: "C-3" General Commercial District. SPIN
Neighborhood #8. PUBLIC HEARING
M. Ordinance No. 1076, 2nd Reading, Approving a Negotiated Resolution
between Atmos Cities Steering Committee and Atmos Energy Corp.
PUBLIC HEARING
7. Ordinances, first readings, and related items: (There are no items on this
agenda.)
8. Resolutions:
A. Consider Resolution No. 13-040, support constitutional amendment
proposition 3, authorizing a political subdivision to extend number of days
that aircraft parts are exempt from ad valorem taxation.
B. Consider Resolution No. 13-041, support constitutional amendment
proposition 6, providing for creation of the State Water Implementation
Fund and the State Water Implementation Revenue Fund.
9. Other items for consideration:
A. This item was intentionally left blank.
B. This item was intentionally left blank.
C. SV13-019, Variance to Sign Ordinance 704-F regulations for Sedo Laser /
Sedo Cryo located at 750 and 752 N. Carroll Avenue, Southlake, Texas.
10. Other items for discussion: (There are no items on this agenda.)
11. Meeting adjourned.
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City of Southlake
City Council meeting agenda
October 15, 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, October 11, 2013 by 6:00 p.m.,
pursuant to the Texas Government Code, Chapter 551.
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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 15, 2013
Page 9 of 10
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. James & Kathleen Farley v. Mark Wilson, National Carriers, Inc., and City of
Southlake; Cause No. 09-15791.
7. Ed Bell Construction Company v. City of Southlake, Cause No. 348-262825-12.
8. 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
or near the city and which the City is conducting economic development negotiations; or
City of Southlake values.-
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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