2014-03-04CITY OF
SOUTHLAKE
TEXAS
REGULAR CITY COUNCIL MEETING: March 4, 2014
LOCATION: 1400 Main Street, Southlake, Texas 76092
Council Chambers in Town Hall
WORK SESSION: 5:30 P.M.
Call to order
2. Invocation: Clayton Reed
3. Local Business Report
4. Proclamation — Southlake Wuzhong Student Exchange Day
5. Update on Community Recreation Center — Local Option Sales Tax Discussion
6. Discuss all items on tonight's 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.
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City Council meeting agenda
March 4, 2014
Page 2 of 8
3. Section 551.087: Deliberation regarding economic development
negotiations
a. Discuss the terms and conditions of an economic development
incentive program— Project No. 2014-01.
B. Reconvene: Action necessary on items discussed in Executive Session.
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 February 18, 2014 Regular City Council
meeting.
B. Approve Resolution 14-003, a resolution of the City of Southlake, Texas,
approving the terms and conditions of a program to promote economic
development and stimulate business and commercial activity in the City;
authorizing the Mayor to execute an agreement with Excel Southlake I,
L.P., a Delaware Limited Partnership, for such purposes; and providing an
effective date.
C. TABLED ITEMS:
1. Ordinance 1084, (CP13-010) 1s' 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 Dr.,
Southlake, Tarrant County, Texas. Current Zoning: "AG" Agricultural
District. Proposed Zoning: "S -P-1" Detailed Site Plan District. SPIN
Neighborhood #6. (This item is administratively tabled to the March
18, 2014 City Council meeting. If approved, the public hearing will be
held on April 1, 2014.)
City of Southlake values.-
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alues:Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork
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City Council meeting agenda
March 4, 2014
Page 3 of 8
2. 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 Dr., Southlake, Tarrant
County, Texas. Current Zoning: "AG" Agricultural District. Proposed
Zoning: "S -P-1" Detailed Site Plan District. SPIN Neighborhood #6. (This
item is administratively tabled to the March 18, 2014 City Council
meeting. If approved, the public hearing will be held on April 1,
2014.)
3. Ordinance No. 480-660 (ZA14-006), 1St Reading, Zoning Change
and Site Plan for the Westin Hotel on property described as Lot 1, Block 4,
Gateway Church — 114 Campus Addition, an addition to the City of
Southlake, Tarrant County, Texas and located at 1200 E. State Highway
114, Southlake, Texas. Current Zoning: "NR -PUD" Non -Residential
Planned Unit Development District. Requested Zoning: "S -P-1" Detailed
Site Plan District. SPIN Neighborhood # 4. (This item is administratively
tabled to the March 18, 2014 City Council meeting. If approved, the
public hearing will be held on April 1, 2014.)
4. ZA14-003, Site Plan for Kimball Business Center on property being
described as Lot 2-R-2, Green Meadow Subdivision, an addition to the
City of Southlake, Tarrant County, Texas, located at 925 S. Kimball
Avenue, Southlake, Texas. Current Zoning: 1-1 - Industrial. SPIN
Neighborhood #8. (This item and public hearing is administratively
tabled to the March 18, 2014 City Council meeting.)
5. Resolution No. 14-006 (ZA14-010) Specific Use Permit to allow
Outdoor Sales or Services at Home Depot on property described as Lot
4A, Block 2, Village Center Addition, City of Southlake, Tarrant County,
Texas and located at 300 Village Center Drive, Southlake, Texas. Current
Zoning: "C-3" General Commercial District. SPIN Neighborhood #8. (This
item and public hearing is administratively tabled to the March 18,
2014 City Council meeting.)
6. Resolution No. 14-007 (ZA14-011) Specific Use Permit to allow a
Temporary Sales Facility on property described as Tract 2A5E, R. Eades
Survey, Abstract No. 481, City of Southlake, Tarrant County, Texas and
located at 351 Central Avenue, Southlake, Texas. Current Zoning: "DT"
Downtown District. SPIN Neighborhood #8. (This item and public hearing
is administratively tabled to the March 18, 2014 City Council meeting.)
City of Southlake values.-
Integrity
alues:Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork
City of Southlake
City Council meeting agenda
March 4, 2014
Page 4 of 8
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. Resolution No. 14-008 (ZA14-013) Specific Use Permit to allow a
Temporary Construction Facility on property described as Lot 1, Block 1,
Solana Addition, City of Southlake, Tarrant County, Texas and located at
500 W. Dove Road, Southlake, Texas. Current Zoning: "NR -PUD" Non -
Residential Planned Unit Development District. SPIN Neighborhood #1.
PUBLIC HEARING
B. Ordinance 1082 (CP13-009), 2nd 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, located at
395, 405 and 413 Shady Lane, 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 #4. PUBLIC HEARING
C. Ordinance No. 480-656 (ZA13-134), 2nd 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. Requested Zoning: "R -PUD" Residential Planned Unit
Development District. SPIN Neighborhood #4. PUBLIC HEARING
D. ZA13-140, Preliminary Plat for Remington Estates on property being
described asLot 1, Greg's Country Addition and Tracts 2A02 and 2A01 of
the S. Freeman Survey Abstract No. 525, an addition to the City of
Southlake, Tarrant County, Texas and located at 395, 405, and 413 Shady
Lane. Current Zoning: "AG" Agricultural and "SF -1A" Single Family
Residential District. Requested Zoning; "R -PUD" Residential Planned Unit
Development. SPIN Neighborhood #4.
City of Southlake values:
Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork
City of Southlake
City Council meeting agenda
March 4, 2014
Page 5 of 8
E. Ordinance No. 480-657 (ZA13-135), 2nd 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 N. Kimball Ave.,
Southlake, Texas. Current Zoning: S -P-2 Generalized Site Plan District.
Requested Zoning: S -P-2 Generalized Site Plan District. SPIN
Neighborhood #4. PUBLIC HEARING
F. ZA13-136, Preliminary Plat 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 N.
Kimball Ave., Southlake, Texas. Current Zoning: "S -P-2" Generalized Site
Plan District. Proposed Zoning: "S -P-2" Generalized Site Plan District.
SPIN Neighborhood #4.
G. Ordinance No. 480-659 (ZA13-142), 2nd Reading, Zoning Change and
Concept Plan for Lots 3-6, W.W. Hall No. 687 Addition on property
described as Tract 1, W.W. Hall Survey, Abstract No. 687, City of
Southlake, Tarrant County, Texas and located at 201 East Highland St.,
Southlake, Texas. Current Zoning: "AG" Agricultural District. Requested
Zoning: "SF -20A" Single Family Residential District.
SPIN Neighborhood #7. PUBLIC HEARING
H. ZA13-143, Plat Showing for Lots 3-6, W.W. Hall No. 687 Addition on
property described as Tract 1, W.W. Hall Survey, Abstract No. 687, City of
Southlake, Tarrant County, Texas and located at 201 East Highland St.,
Southlake, Texas. Current Zoning: "AG" Agricultural District. Requested
Zoning: "SF -20A" Single Family Residential District.
SPIN Neighborhood #7.
Ordinance No. 1085, 2nd Reading, Adopting the 2012 International
Building Code. PUBLIC HEARING
J. Ordinance No. 1086, 2nd Reading, 2012 Adopting the International
Residential Code. PUBLIC HEARING
K. Ordinance No. 1087, 2nd Reading, Adopting the 2012 International Fire
Code. PUBLIC HEARING
L. Ordinance No. 1088, 2nd Reading, Adopting 2012 International Plumbing
Code. PUBLIC HEARING
M. Ordinance No. 1089, 2nd Reading, Adopting the 2012 International Fuel
Gas Code. PUBLIC HEARING
City of Southlake values.-
Integrity
alues:Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork
City of Southlake
City Council meeting agenda
March 4, 2014
Page 6 of 8
N. Ordinance No. 1090, 2nd Reading, Adopting the 2012 International
Mechanical Code. PUBLIC HEARING
O. Ordinance No. 1091, 2nd Reading, Adopting 2012 International Energy
Conservation Code. 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.
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, February 28, 2014 by 6:00 p.m.,
%pursuant to the T t _rnment Code, Chapter 551.
•• ,
Traci Riggs, TRMC*--.....•° .
Deputy City SecrMa1-y}**
a
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
March 4, 2014
Page 7 of 8
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
City of Southlake values.-
Integrity
alues:Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork
City of Southlake
City Council meeting agenda
March 4, 2014
Page 8 of 8
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