2014-02-04CITY OF
SOUTHLAKE
TEXAS
REGULAR CITY COUNCIL MEETING: February 4, 2014
LOCATION: 1400 Main Street, Southlake, Texas 76092
Council Chambers in Town Hall
WORK SESSION: 5:30 P.M.
1. Call to order
2. Invocation: Drew Johnson
3. Local Business Report
4. Update on Community Recreation Center — Schematic Design
5. Discuss all items on tonight's agenda
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 litigation.
1. Ed Bell Construction Company v. City of Southlake, Cause No.
348-262825-12.
2. 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.
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City Council meeting agenda
February 4, 2014
Page 2 of 8
2. Section 551.074: Deliberation regarding personnel matters
a. Deliberate the appointment, employment, evaluation, reassignment,
duties, discipline, or dismissal of the City Manager.
B. Reconvene: Action necessary on items discussed in Executive Session.
3. REPORTS:
A. Mayor's Report
1. American Heart Association — Go Red
2. Honoring Sandra LeGrand, former Southlake City Secretary
B. City Manager's Report
1. Honors and Recognitions
a. TRAPS North Region Awards
1. Excellence in Programming (cities under 75,000) —
Therapeutic Recreation Program
2. Park Design Excellence (cities under 75,000) — North Park
3. Recreation Professional of the Year (cities under 75,000) —
Ryan McGrail
b. 2014 MidWest Section Texas APA Planner of the Year — Senior
Director of Planning and Development Services Ken Baker
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 January 21, 2014 Regular City Council meeting.
B. Award contract to Durable Specialties, Inc. for the installation of FM1709
illuminated street name sign and battery back-up project in the amount of
$470,000.
C. Approve permit for CISD Art Exhibit April 25-27, 2014 in Town Hall Lobby.
D. Resolution No. 14-004, Appoint a Chairperson of the Board of Directors of
Tax Increment Reinvestment Zone Number One for the 2014 calendar
year.
E. Ordinance No. 1083, 1St Reading, Approve ordinance to dedicate right of
way and easement from City property located at 1200 North White Chapel
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Boulevard and 400 North White Chapel Boulevard for the North White
Chapel Boulevard widening project. (if approved the Public Hearing will
be held February 18, 2014.)
F. Approve a Community Events Participation Agreement with Southlake
Women's Club for the 2014 Art in the Square event.
G. Approve a Community Events Participation Agreement with Bob Jones
Nature Center, Inc. for the 2014 Southlake Green Fest event.
H. TABLED ITEMS: (The following items were previously tabled by the
Planning and Zoning Commission. These items are scheduled to be
considered by the Planning and Zoning Commission at their February 6,
2014 meeting. If the Planning and Zoning Commission makes a
recommendation, the City Council Public Hearing is tentatively scheduled
to be considered on March 4, 2014.)
1. Ordinance 1079, (CP13-004) 1s' Reading, Land Use Plan Amendment
from Low Density Residential to Medium Density Residential for
Glenmore Addition, on property 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, 3J1A, 3J1B, 3J1C, 3J2,
Littleberry G. Hall Survey, Abstract No. 686, Southlake, Tarrant
County, Texas, and located at 280 Shady Oaks Drive and 800, 980,
1000, 1100, 1110, 1120 West Southlake Boulevard, Southlake, Tarrant
County, Texas. Current Zoning: "AG" Agricultural District and "SF -1A"
Single Family Residential District. Proposed Zoning: "R -PUD"
Residential Planned Unit Development District. SPIN #6.
2. 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. Proposed Zoning: "R -
PUD" Residential Planned Unit Development District. SPIN #6.
3. Ordinance 1082, (CP13-009) 1St Reading, Land Use Plan Amendment
from Low Density Residential to Medium Density Residential for
Remington Estates on property being described as Lot 1, Greg's
Country Acres Addition, and Tracts 2A2 and 2A1 of the S. Freeman
Survey Abstract No. 525, City of Southlake, Tarrant County, Texas,
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February 4, 2014
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located at 395, 405 and 413 Shady Lane, Southlake, Texas. Current
Zoning: "AG" Agricultural District and "SF -1A" Single Family
Residential District. Proposed Zoning: "R -PUD" Residential Planned
Unit Development District. SPIN #4.
4. Ordinance No. 480-656, (ZA13-134) 1St Reading, Zoning Change and
Development Plan for Remington Estates on property being described
as Lot 1, Greg's Country Acres Addition, and Tracts 2A2 and 2A1 of
the S. Freeman Survey Abstract No. 525, City of Southlake, Tarrant
County, Texas, located at 395, 405 and 413 Shady Lane, Southlake,
Texas. Current Zoning: "AG" Agricultural District and "SF -1A" Single
Family Residential District. Proposed Zoning: "R -PUD" Residential
Planned Unit Development District. SPIN #4.
5. Ordinance No. 480-657 (ZA13-135) 1St Reading, Zoning Change and
Concept/Site Plan for Kimball Park on property described as Tracts
3A1A and 3A2A, Thomas Mahan Survey, Abstract No. 1049, City of
Southlake, Tarrant County, Texas and located at 400 and 470 North
Kimball Avenue, Southlake, Texas. Current Zoning: S -P-2 Generalized
Site Plan District. Proposed Zoning: S -P-2 Generalized Site Plan
District. SPIN #4.
6. Ordinance 1084, (CP13-010) 1St Reading, Land Use Plan Amendment
from Low Density Residential to Medium Density Residential and a
Text Amendment to write in a site specific recommendation to allow an
assisted living facility for Harborchase of Southlake on property
described as Lot 2, Block 1, Owens Addition, an addition to the City of
Southlake, Tarrant County, Texas and located at 250 Shady Oaks
Drive, Southlake, Tarrant County, Texas. Current Zoning: "AG"
Agricultural District. Proposed Zoning: "S -P-1" Detailed Site Plan
District. SPIN #6.
7. Ordinance No. 480-658 (ZA13-138) 1St Reading, Zoning Change and
Site Plan for Harborchase of Southlake on property described as Lot 2,
Block 1, Owens Addition, an addition to the City of Southlake, Tarrant
County, Texas and located at 250 Shady Oaks Drive, Southlake,
Tarrant County, Texas. Current Zoning: "AG" Agricultural District.
Proposed Zoning: "S -P-1" Detailed Site Plan District. SPIN #6.
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
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City Council meeting agenda
February 4, 2014
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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. ZA13-141, Site Plan for Apeizza e Vino on property being described as
Lot 3, Block 1, Cornerstone Plaza, an addition to the City of Southlake,
Tarrant County, Texas and located at 2757 East Southlake Boulevard,
Southlake, Texas. Current Zoning: "S -P-2" Generalized Site Plan District.
SPIN # 8. PUBLIC HEARING
B. Resolution No. 14-002 (ZA13-145), Specific Use Permit for a Mass
Gathering Event known as the Gateway Church Fall Festival on property
being described as Lot 1, Block 1, Gateway Church - 114 Campus, an
addition to the City of Southlake, Tarrant County, Texas and located at
700 Blessed Way, Southlake, Texas. Current Zoning: "NR -PUD" Non -
Residential Planned Unit Development District. SPIN #3. PUBLIC
HEARING
C. Ordinance No. 480-PPPP, 2nd Reading, an 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. PUBLIC HEARING
D. Ordinance No. 1069, 2nd Reading, an 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. 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.
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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, January 31, 2014 by 6:00 p.m.,
pursuant to the Texas Government Code Chapter 551.
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Alicia Richardson, TRMC ;�� :• •�
City Secretary •
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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
February 4, 2014
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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 North 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
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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