2013-12-03lugCITY OF
SOUTHLAK.E
TEXAS
REGULAR CITY COUNCIL MEETING: December 3, 2013
LOCATION: 1400 Main Street, Southlake, Texas 76092
Council Chambers in Town Hall
WORK SESSION: 4:30 P.M.
Call to order
2. Convene to Executive Session:
1. Section 551.074: Deliberation regarding personnel matters
a. Deliberate the appointment, employment, evaluation, reassignment,
duties, discipline, or dismissal of the City Secretary.
3. Reconvene to work session: Action necessary on items discussed in Executive
Session.
4. Invocation
5. Local Business Report
6. 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 followinq 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.
2. 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.
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City Council meeting agenda
December 3, 2013
Page 2 of 8
b. Seek the advice of the city attorney regarding legal issues
associated with written notification requirements for an amendment,
supplement or change to a zoning district boundary.
3. 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.
4. 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:
A. Mayor's Report
1. Recognition of outgoing board and commission members.
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 November 19, 2013 Regular City Council
meeting.
B. Approve residential developer agreement with Terra/Shady Oaks, LP for
Shady Oaks Phase III.
C. This item was intentionally left blank.
D. Approve the purchase of five (5) Lifepak Cardiac Monitors and nine (9)
Automatic External Defibrillators (AEDs) from Physio Control, Inc. in the
amount of $206,585.
E. Approve a professional services agreement for audit services with Weaver
and Tidwell, L.L.P.
F. ZA13-074, Plat Revision for Savannah Estates, on property described as
Tracts 1 B, 1 B2, 1132A, 1 B2A1, 1 B2A2, 2A, 213, 2C, 3, 4A, 4A1, 4A2, 4A3,
413, 4131, 4132, 5A, 5A1, 5A1A, 513, 5C, 6A, 6A1, 6A1A, 6A2, 6A2A, and
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6B, R.P Estes Subdivision and Tracts 1B, 1131, 1131A, 1131A1, 113113,
1131131, 1131C, 1131D, and 1132, T. Martin Survey, Abstract No. 1134,
Southlake, Tarrant County, Texas and generally located at the northwest
corner of W. Dove Rd. and SH 114, Southlake, Tarrant County, Texas.
Current Zoning: "R -PUD" — Residential Planned Unit Development. SPIN
#5.
G. Ordinance No. 1081 (CP13-007), 1s' Reading, Land Use Plan Amendment
from Retail Commercial to Medium Density Residential for Chesapeake
Place Addition on property described as a Portion of Lot 2, Block 1, J.G.
Allen No. 18 Addition, an addition to the City of Southlake, Tarrant County,
Texas located at 3101 W. Southlake Boulevard. SPIN #11. (If approved
at first reading, a public hearing will be held December 17, 2013.)
H. Ordinance No. 480-655 (ZA13-126), 1St Reading, Zoning Change and
Concept Plan for Chesapeake Place Addition on property being described
as a Portion of Lot 2, Block 1, J.G. Allen No. 18 Addition, an addition to
the City of Southlake, Tarrant County, Texas and located at 3101 W.
Southlake Boulevard, Southlake, Texas. Current Zoning: "C2" Local Retail
Commercial District. Requested Zoning: "SF -20A" Single Family
Residential District. SPIN #11. (If approved at first reading, a public
hearing will be held December 17, 2013.)
Ordinance No. 480-652, (ZA13-098),1at Reading, Zoning Change and
Concept Plan for 525 N. Pearson Lane on property described as Tract 1 B,
J.G. Allen Survey, Abstract No. 18, City of Southlake, Tarrant County,
Texas and located at 525 N. Pearson Lane, Southlake, Texas. Current
Zoning: "AG" Agricultural District. Requested Zoning: "SF -1A" Single
Family Residential District. SPIN #11. (If approved at first reading, a
public hearing will be held December 17, 2013.)
J. Ordinance No. 480-654, (ZA13-108), 1St Reading, Zoning Change and
Concept Plan for Legends of Southlake on property being described as
Tract 1, Green Meadow Subdivision, an addition to the City of Southlake,
Tarrant County, Texas and located at 2301 Crooked Lane, Southlake,
Texas. Current Zoning: "S -P-2" Generalized Site Plan District. Requested
Zoning: "S -P-2" Generalized Site Plan. SPIN #8. (If approved at first
reading, a public hearing will be held December 17, 2013.)
K. Approve Metroport Teen Court Interlocal Agreement FY 2013-2014.
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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. 480-537A (ZA13-128), 2nd Reading, Zoning Change and
Site Plan for Kimball Lakes Office Park on property being described as
Lots 1-7, Block 1, Kimball Lakes Office Park, an addition to the City of
Southlake, Tarrant County, Texas and located at 560 to 596 N. Kimball
Avenue, Southlake, Texas. Current Zoning: "S -P-2" Generalized Site Plan
District. Requested Zoning. "S -P-2". SPIN #4. PUBLIC HEARING
B. Ordinance No. 1077 (CP13-005), 2nd 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 District. Requested
Zoning: "TZD" Transition Zoning District. SPIN #4. PUBLIC HEARING
C. Ordinance No. 480-648 (ZA13-084), 2nd 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. Current Zoning: "AG" Agricultural District and "NR -
PUD" Non -Residential Planned Unit Development. Requested Zoning:
"TZD" Transition Zoning District. SPIN #4. PUBLIC HEARING
D. ZA13-088, Preliminary Plat for Gateway Lakes on property described as
Lot 1, Block 3, Gateway Church — 114 Campus addition, Tract 2A4, T.
Mahan Survey, Abstract No. 1049 and Lot 1 and 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. Current Zoning: "AG" Agricultural District and "NR -
PUD" Non -Residential Planned Unit Development. Requested Zoning:
"TZD" Transition Zoning District. SPIN #4.
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City of Southlake
City Council meeting agenda
December 3, 2013
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E. Resolution No. 13-042, (ZA13-111), Specific Use Permit for a Non -
Residential Solar Energy System and a Carport on Non -Residential
property on property being described as Lot 6R, Hiram Granberry No. 581,
an addition to the City of Southlake, Tarrant County, Texas and located at
501 West Southlake Boulevard, Southlake, Texas. Current Zoning: 0-1 —
Office Zoning District. SPIN #10. PUBLIC HEARING
7. Ordinances, first readings, and related items:
A. 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 1 B and 1 B1, 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. Requested Zoning: "S -P-1" Detailed
Site Plan District. SPIN #8. (if approved at first reading, a public
hearing will be held December 17, 2013.)
B. 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 1B and 1131, John A
Freeman Survey, Abstract No. 529, Southlake, Texas and located at
2191, 2201, 2211 and 2221 E. Southlake Boulevard and 280 S. 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. (if approved at first
reading, a public hearing will be held December 17, 2013.)
C. Ordinance No. 480- 269A, (ZA13-131), 1St Reading, Zoning Change and
Site Plan for the Solana Parking Garage on property described as Lot 1,
Block B, MTP -IBM Addition No. 1, an addition to the City of Southlake,
Tarrant County, Texas and located at 1 E. Kirkwood Boulevard,
Southlake, Texas. Current Zoning: "NR -PUD" — Non -Residential Planned
Unit Development District. Requested Zoning: "NR -PUD" — Non -
Residential Planned Unit Development District. SPIN #1. (if approved at
first reading, a public hearing will be held December 17, 2013.)
8. Resolutions: (There are no items on this agenda.)
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December 3, 2013
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9. Other items for consideration:
A. Variance to Tree Preservation Ordinance No. 585-D for Shady Oaks,
Phase I I I on property described as Tracts 11 C and 11 C7, Thomas M.
Hood Survey, Abstract No. 706, City of Southlake, Tarrant County, Texas
and located at 1055 and 1125 N. Peytonville Ave., Southlake, Texas.
Current Zoning: "SF -20A" — Single Family Residential District. SPIN #6.
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 Wednesday, November 27, 2013 by 6:00
p.m., pursuant to the Texas Goveti g[pent Code, Chapter 551.
o0,10
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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 ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork
City of Southlake
City Council meeting agenda
December 3, 2013
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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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December 3, 2013
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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:
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