2013-11-05CITY OF
SOUTHLAKE
TEXAS
REGULAR CITY COUNCIL MEETING: NOVEMBER 5, 2013
LOCATION: 1400 Main Street, Southlake, Texas 76092
Council Chambers in Town Hall
WORK SESSION: 5:30 P.M.
Call to order.
2. Invocation: Chris Hatchett
3. Local Business Report.
4. Veteran's Day Proclamation.
5. Bicentennial Park Phase 2 Project.
6. Upcoming Meeting Schedule.
7. 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 issues relating
to aircraft noise and airspace utilization.
b. Seek the advice of the city attorney regarding pending litigation.
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City Council meeting agenda
November 5, 2013
Page 2 of 9
i). 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.
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 Senators Jane Nelson and Kelly Hancock
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 October 15, 2013 regular City Council meeting.
B. This item was intentionally left blank.
C. Approve facilities utilization agreement with Southlake Baseball
Association (SBA).
D. Approve renewal of a contract with O'Donnell's Landscape Services for
2014 for groups 2, 3, 4, 6 and 7 and as alternate for groups 1 and 5 in an
amount not to exceed $350,000.
E. Approve renewal of contract with Signature Contracting Services for 2014
for group 5 and alternate for group 4 in an amount not to exceed $15,000.
F. Approve renewal of contract with Dyna -Mist Irrigation Company for 2014
for group 1 and as alternate for groups 2, 3 and 6 in an amount not to
exceed $123,000.
G. Approve contract with Crowley Sports Officials for sports officiating and
scorekeeping services in the amount of $130,000.
City of Southlake values.-
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alues:Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork
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City Council meeting agenda
November 5, 2013
Page 3 of 9
H. Award purchasing agreement with Manning Concrete Sawing, Inc. through
an inter -local purchasing agreement with Grapevine.
Approve Residential Developer Agreement with Terra Highland Oaks, LLC
for Highland Oaks subdivision.
J. Approve annual fuel purchases with Martin Eagle Oil in an amount to
exceed $50,000.
K. Approve Carillon Phase 5 Park Plan.
L. Approve proposal by Hines Group for art sculpture in Phase 5 of the
Carillon development.
M. Award purchasing agreement with TXI through an inter -local purchasing
agreement with Grapevine.
N. Award purchasing agreement with various vendors for the purchase of
asphalt through inter -local purchasing agreement with Tarrant County.
O. Approve inter -local agreement with Tarrant County for assistance with the
reconstruction of Ridgecrest Drive.
P. Approve Residential Developer Agreement with Keller Watermere, LP for
South Village at Watermere.
Q. Approve annual support and maintenance agreement with Accela Inc. in
the amount of $78,951.
R. Approve service contract with Digital Resources Inc. to complete the
upgrade of the Council Chambers and update the Executive Conference
Room and 3rd floor overflow area in the amount of $144,680.
S. Consider SV13-020, Variance to Sign Ordinance No. 704-E for Finley's
Barber Shop located in Kimball Crossing at 2175 E. Southlake Blvd., Suite
110.
T. Tabled Items:
1. Ordinance 1077 (CP13-005), 1s' 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 North Kimball Avenue,
Southlake, Texas. Current Zoning: "AG" Agricultural Zoning District.
City of Southlake values.-
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alues:Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork
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City Council meeting agenda
November 5, 2013
Page 4 of 9
Requested Zoning: "TZD" Transition Zoning District. SPIN #4. (The
Planning and Zoning Commission tabled this item at their
October 17, 2013 meeting. This item is to be tabled until the
November 19, 2013 City Council meeting awaiting a
recommendation from the Planning and Zoning Commission. If
approved on November 19, 2013, a public hearing will be held on
December 3, 2013.)
2. 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 North Kimball Avenue and 2000 East
Kirkwood Boulevard, Southlake, Texas. Current zoning: "AG"
Agricultural District and "NR -PUD" Non -Residential Planned Unit
Development. Requested Zoning: "TZD" Transition Zoning District.
SPIN #4. (The Planning and Zoning Commission tabled this item
at their October 17, 2013 meeting. This item is to be tabled until
the November 19, 2013 City Council meeting awaiting a
recommendation from the Planning and Zoning Commission. It
approved on November 19, 2013, a public hearing will be held on
December 3, 2013.)
3. Ordinance No. 1078 (CP13-006), 1s' Reading, Land Use Plan
Amendment from Office Commercial to Retail Commercial for
Southlake Plaza II being portions of Tracts 1B and 1131, John A
Freeman Survey, Abstract No. 529 located at 2191, East Southlake
Boulevard and 280 South. Kimball Avenue, Southlake, Tarrant County,
Texas. Current Zoning: "B-1" Business Service Park District and "AG"
Agricultural District Requested Zoning: "S -P-1" Detailed Site Plan
District. SPIN #8. (The Planning and Zoning Commission tabled
this item at their October 17, 2013 meeting. This item is to be
tabled until the November 19, 2013 City Council meeting awaiting
a recommendation from the Planning and Zoning Commission. If
approved on November 19, 2013, a public hearing will be held on
December 3, 2013.)
4. Ordinance No. 480-650, (ZA13-100), 1St Reading, Zoning Change and
Site Plan for Southlake Plaza II on property being described as Lots
1A1, 2A and 3A, Block B, Southlake Business Park, an addition to the
City of Southlake, Tarrant County, Texas and Tracts 1 B and 1 B1, John
A Freeman Survey, Abstract No. 529, Southlake, Texas and being
located at 2221 East Southlake Boulevard, 2211 East Southlake
Boulevard, 2201 East Southlake Boulevard, 2191 East Southlake
City of Southlake values.-
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alues:Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork
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November 5, 2013
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Boulevard, 280 South Kimball Avenue. Current Zoning: "B-1" Business
Service Park District", "CS" Community Service District and "AG"
Agricultural District. Requested Zoning: "S -P-1" Detailed Site Plan
District. SPIN #8. (The Planning and Zoning Commission tabled
this item at their October 17, 2013 meeting. This item is to be
tabled until the November 19, 2013 City Council meeting awaiting
a recommendation from the Planning and Zoning Commission. If
approved on November 19, 2013, a public hearing will be held on
December 3, 2013.)
5. Ordinance No. 1078 (CP13-006), 1s' Reading, Land Use Plan
Amendment from Office Commercial to Retail Commercial for
Southlake Plaza II being portions of Tracts 1B and 1131, John A
Freeman Survey, Abstract No. 529 located at 2191, E. Southlake Blvd.
and 280 S. Kimball Ave., Southlake, Tarrant County, Texas. Current
Zoning: "B-1" Business Service Park District and "AG" Agricultural
District. Proposed Zoning: "S -P-1" Detailed Site Plan District. SPIN
Neighborhood #8. (The Planning and Zoning Commission tabled
this item at their October 17, 2013 meeting. This item is to be
tabled until the November 19, 2013 City Council meeting awaiting
a recommendation from the Planning and Zoning Commission. If
approved on November 19, 2013, a public hearing will be held on
December 3, 2013.)
6. Ordinance No. 480-649, (ZA13-092), 1St Reading, Zoning Change and
Development Plan for Glenmore Addition on property being described
as Lots 1 R1, and 1 R2, Block 1, Owens Addition, an addition to the City
of Southlake, Tarrant County, Texas and Tracts 3H, 3H1, 3J, 3J1,
3J 1 A, 3J 1 B, 3J 1 C, 3J2, Littleberry G. Hall Survey, Abstract No. 686,
Southlake, Tarrant County, Texas and being located at 280 Shady
Oaks Drive and 800, 980, 1000, 1100, 1110, 1120 W. Southlake
Boulevard, Southlake, Texas. Current Zoning: "AG" Agricultural District
and "SF -1A" Single Family Residential District. Requested Zoning: "R -
PUD" Residential Planned Unit Development District. SPIN
Neighborhood #6. (The Planning and Zoning Commission tabled
this item at their October 17, 2013 meeting. This item is tabled
until the November 19, 2013 City Council meeting awaiting a
recommendation from the Planning and Zoning Commission. If
approved on November 19, 2013, a public hearing will be held on
December 3, 2013.)
7. Ordinance No. 480-PPPP, 1St 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
City of Southlake values.-
Integrity
alues:Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork
City of Southlake
City Council meeting agenda
November 5, 2013
Page 6 of 9
has been administratively tabled by staff to the January 7, 2014
City Council meeting. The public hearing will be republished.)
8. 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. (This item has been
administratively tabled by staff to the January 7, 2014 City
Council meeting. The public hearing will be republished.)
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. 480-338e, (ZA13-093), 2nd 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 West
Southlake Boulevard, Southlake, Texas. Current Zoning: S -P-1 Detailed
Site Plan District. Requested Zoning: S -P-1 Detailed Site Plan District.
SPIN #10. PUBLIC HEARING
B. Resolution No. 13-039 (ZA13-104), Specific Use Permit for temporary
construction and/or sales facility on property being described as Lot 1 R,
Block 20, Carillon Phase 1A, an addition to the City of Southlake, Tarrant
County, Texas and located at 1845 Riviera Lane, Southlake, Texas.
Current Zoning: "ECZ" Employment Center Zoning District. SPIN
Neighborhood #3. PUBLIC HEARING
C. 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
D. ZA13-090. Plat Showing for Lots 3 and 4, T. Mahan No. 1049 Addition,
currently described as Tract 3A1, Thomas Mahan Survey, Abstract No.
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City Council meeting agenda
November 5, 2013
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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.
7. Ordinances, first readings, and related items:
A. Ordinance No. 1073, 1St Reading, Approve an ordinance and bylaws to
establish a Community Engagement Committee in succession of the
current SPIN Standing Committee. (If approved, the public hearing will
be held on November 19, 2013.)
11 10=01 111 mom
A. Resolution No. 13-050, appointing a member to the Southlake Arts
Council.
9. Other items for consideration:
A. Consider SV13-021, Variance to the Conditional Sign Permit for Southlake
Town Square, Phase I, for Del Frisco's Grille located at 140 State Street.
B. Award construction contract for pressure plane interconnection valves to
Wilson Contractor Services, LLC in the amount of $627,128.70.
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, November 1, 2013 by 6:00 p.m.,
pursuant to the Texas GovernmepLQode, Chapter 551.
Alicia Richardson, TRMC ,
City Secretary
,,f1 j,7e nl'j4{4'•
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
November 5, 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. 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 regarding prospective 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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City of Southlake
City Council meeting agenda
November 5, 2013
Page 9 of 9
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