2014-06-17CITY OF
SOUTHLAKE
TEXAS
REGULAR CITY COUNCIL MEETING: June 17, 2014
LOCATION: 1400 Main Street, Southlake, Texas 76092
Council Chambers in Town Hall
WORK SESSION: 5:30 P.M.
Call to order
2. Invocation: Adib Nabily
3. 2013 Citizen Survey Follow Up
4. 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.
Section 551.071: Consultation with the citv attorne
a. Seek the advice of the city attorney regarding permitted uses
on property located at 1982 Brumlow Avenue.
b. Seek advice of the city attorney regarding claim made by
Colt Aviation.
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
June 17, 2014
Page 2 of 9
3. Section 551.074: Deliberation regarding personnel
a. Deliberate the appointment, employment, evaluation,
reassignment, duties, discipline, or dismissal of the City
Manager, City Secretary, City Attorney and Municipal Judge.
b. Deliberate the appointment of city board and commission
members.
B. Reconvene: Action necessary on items discussed in Executive Session.
3. REPORTS:
A. Mayor's Report
1. Proclamation — National Parks and Recreation Month
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 June 3, 2014 regular City Council meeting.
B. Approve annual agreement with Premier Magnesia, LLC for odor control
treatment at lift stations in the amount of $134,500.
C. Approve the annual interlocal agreement with Tarrant County to provide
tax collection and assessment services for ad valorem taxes levied by the
City of Southlake for tax year 2014.
D. Approve Amendment No. 1 of the commercial developer agreement with
Excel Southlake, LLC for Park Village Lot 1, Block 1, and Lot 1 and Block
2.
E. Approve annual contract renewal for Lewis Concrete Restoration for
manhole and wet well rehab services in an amount not to exceed
$250,000.
F. This item was intentionally left blank.
G. Approve interlocal agreement with City of Keller for the construction of FM
1938 Phase 2.
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City Council meeting agenda
June 17, 2014
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H. Approve local project advance funding agreement (LPAFA) with Texas
Department of Transportation (TxDOT) for the construction of FM 1938
Phase 2 in the amount of $2,260,290.
Variance to Subdivision Ordinance No. 483, as amended, regarding plat
expiration, requesting to extend the validity of cases ZA13-050, ZA13-051,
ZA13-052, Final Plats for Carillon Phases C, B and A, respectively.
J. ZA14-065, Plat Vacation for the 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
District and "TZD" Transition Zoning District. SPIN #4.
K. ZA14-042, Plat Revision 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,
City of Southlake, Tarrant County, Texas and located at 700, 890, 1000
and 1030 North Kimball Avenue and 2000 East Kirkwood Boulevard,
Southlake, Texas. Current Zoning: "TZD" Transition Zoning District. SPIN
#4.
L. Approve residential developer agreement with Brownstones at Town
Square, L.P. for The Garden District and Phase C Brownstones.
M. ZA14-060, Plat Showing for Lots 19-21, J.G. Allen No. 18 Addition on
property being described as Tracts 2C26 and 2C27, J.G. Allen Survey,
Abstract No. 18, City of Southlake, Tarrant County, Texas and located at
180 & 190 Jellico Circle, Southlake, Texas. Current Zoning: "SF -1A"
Single Family Residential District. SPIN #11.
N. Approve the absences for Michael Springer from the May 22, 2014 and
June 5, 2014 Planning and Zoning Commission meetings.
O. SV14-010, Variance to Sign Ordinance No. 704-F regulations for The
Grove temporary land signs located at 500 West State Highway 114 and
East State Highway 114 frontage road.
P. Approve telecom expenses for Verizon services in the amount of
$143,187.
Q. Approve telecom/Internet expenses for OneSource Communications
services in the amount of $64,724.
R. Approve Toshiba copier services expenses in the amount of $90,140.
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alues:Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork
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City Council meeting agenda
June 17, 2014
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S. Appoint a City Secretary and approve Employment Agreement for the City
Secretary.
T. Resolution No. 14-032, adopting a resolution supporting the need to
adequately fund transportation and authorizing the Mayor to execute the
resolution on behalf of the City Council.
U. Tabled Items:
1. SV14-008, Sign Variance to the Sign Ordinance No. 704-F
regulations for Kimball Lakes Office Park located at 560-596 North
Kimball Avenue, Southlake, Texas. (This item was tabled by
Council at the June 3, 2014 City Council meeting to the June
17, 2014 City Council meeting. On June 5, 2014, the applicant
has formally withdrawn their request)
2. Ordinance No. 480-624b (ZA14-021), Zoning Change and Site Plan
for Silver Ridge Assisted Living Phase II on property described as a
portion of Tract 313, T. Mahan Survey, Abstract No. 1049 and Lots 1
& 2X, Silver Ridge Addition Phase I, an addition to the City of
Southlake, Tarrant County, Texas and located at 1975 — 2001 E.
Kirkwood Blvd. and 600 North Kimball Avenue, Southlake, Texas.
Current Zoning: "S -P-1" Detailed Site Plan District. Requested
Zoning: "S -P-1" Detailed Site Plan District. SPIN #4. (This item
was tabled by Council at the June 3, 2014 City Council meeting
to the August 5, 2014 City Council meeting.)
3. Ordinance No. 480-646a (ZA14-022), Zoning Change and Site Plan
for Kimball Lakes Medical Offices Phase II on property described
as a portion of Tract 313, T. Mahan Survey, Abstract No. 1049 and
Lots 1 & 2, Silver Ridge Addition Phase II, an addition to the City of
Southlake, Tarrant County, Texas and located at 600 — 630 North
Kimball Avenue, Southlake, Texas. Current Zoning: "S -P-1"
Detailed Site Plan District. Requested Zoning: "S -P-1" Detailed Site
Plan District. SPIN #4. (This item was tabled by Council at the
June 3, 2014 City Council meeting to the August 5, 2014 City
Council meeting.)
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
June 17, 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. ZA13-005, Site Plan for Duff's Famous Wings on property described as
Lot 3, Block 1, Cornerstone Plaza, City of Southlake, Tarrant County,
Texas and being located at 2787 East Southlake Boulevard, B-100,
Southlake, Texas. Current Zoning: "S -P-2" Generalized Site Plan District.
SPIN #8. PUBLIC HEARING
B. ZA14-004 Site Plan for Southlake Heritage Business Park No. 2 on
property described as Tract 1, C. McDonald Survey, Abstract No. 1013,
City of Southlake, Tarrant County, Texas, and located at 2600 State
Highway 26, Southlake, Texas. Current Zoning: 1-1" Light Industrial
District. SPIN #8. PUBLIC HEARING
C. ZA14-005 Preliminary Plat for Lot 1, Block 1, Heritage Business Park No.
2 on property described as Tract 1, C. McDonald Survey, Abstract No.
1013, City of Southlake, Tarrant County, Texas, and located at 2600 State
Highway 26, Southlake, Texas. Current Zoning: 1-1" Light Industrial
District. SPIN #8.
D. Resolution No. 14-028 (ZA14-067), Specific Use Permit for Johnson
Elementary School Observatory to include a Request for a Variance to the
Masonry Ordinance No. 557-A, as amended, on property described as Lot
13R1, F. Throop No. 1511 Addition, an addition to the City of Southlake,
Tarrant County, Texas and located at 1301 North Carroll Avenue,
Southlake, Texas. Current Zoning: "CS" Community Service District. SPIN
#3. PUBLIC HEARING
E. Resolution No. 14-027, (ZA14-066), Specific Use Permit for a Residential
Solar Energy System on property being described as Lot 26, Thomas M.
Hood Survey, Abstract No. 706, an addition to the City of Southlake,
Tarrant County, Texas and located at 1700 Shady Oaks Drive, Southlake,
Texas. Current Zoning: "R -PUD" Residential Planned Unit Development
District. SPIN #5. PUBLIC HEARING
F. ZA14-068, Site Plan for Altar'd State on property being described as Lot
2R, Block 4R1, Southlake Town Square Addition Phase I, an addition to
the City of Southlake, Tarrant County, Texas, and located at 1460 Main
Street, Southlake, Texas. Current Zoning: "DT" Downtown District. SPIN
#8. PUBLIC HEARING
7. Ordinances, first readings, and related items:
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A. Ordinance No. 480-670 (ZA14-058), 1St Reading, Zoning Change and Site
Plan for Empire Rugs on property being described as Lot 1R, Block 1,
Miron Addition, an addition to the City of Southlake, Tarrant County,
Texas, located at 1695 East Southlake Boulevard, Southlake, Texas.
Current Zoning: "C-2" Local Retail Commercial District. Requested
Zoning: "S -P-1" Detailed Site Plan District with "C-2" Local Retail
Commercial District uses. SPIN #8. (if approved, the public hearing will
be held on August 5, 2014.)
B. Ordinance No. 480-672 (ZA14-054), 1St Reading, Zoning Change and
Concept Plan for Harborchase of Southlake on property described as
Tracts 4C, 4C1, 4C2 and 4C3, Absalom H. Chivers Survey, Abstract No.
299, City of Southlake, Tarrant County, Texas and located at 600, 700 and
750 East State Highway 114 and 900 East Highland Street, Southlake,
Texas. Current Zoning: "AG" Agricultural District. Requested Zoning: "S -P-
2" Generalized Site Plan District. SPIN #3. (if approved, the public
hearing will be held on August 5, 2014.)
E:�:Z�•7[liiC•7 i1��i
A. Resolution No. 14-030, authorizing the City Attorney to bring
condemnation action for the purpose of obtaining a right of way
to construct and maintain water lines, trails, and roadway appurtenances
on land located in the Thomas M. Hood Survey, Abstract No. 706 at 1170
and 1180 North White Chapel Boulevard.
9. Other items for consideration:
A. MSP14-002, Master Sign Plan for Park Village located at 300 South
Carroll Avenue.
B. SV14-011, Variance to Sign Ordinance 704-F regulations for it Calabrese
Restaurant located at 1281 East State Highway 114.
C. MSP14-001, Master Sign Plan for Kimball Oaks Retail Center located at
2221 East Southlake Boulevard.
10. Other items for discussion: (There are no items on this agenda.)
11. Meeting adjourned.
CERTIFICATE
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Integrity
alues:Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork
City of Southlake
City Council meeting agenda
June 17, 2014
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I hereby certify that the above agenda was posted on the official bulletin boards at Town
Hall, 1400 Main Street, Southlake, Texas, on Friday, June 13, 2014 by 6:00 p.m.,
pursuant to the Texas Government Code, Chapter 551.
;off.•• •a.
e
Traci Riggs, TRIS
Deputy City SecrAaq ***
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
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City Council meeting agenda
June 17, 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. 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