2011-03-29 1 ` CITY OF
SOUTHLAKE
TEXAS
REGULAR CITY COUNCIL MEETING: MARCH 29, 2011
LOCATION: 1400 Main Street, Southlake, Texas 76092
Council Chambers in Town Hall
WORK SESSION: 4:30 P.M.
1. Call to order.
2. Invocation: Eric Hulet, Chaplain of the Month
3. 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
1. 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(0, 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 attorney
a. Seek the advice of the city attorney regarding gas drilling
and production and gas utility companies.
b. Seek the advice of the city attorney regarding pending XTO
and Energy Transfer Specific Use Permit, Gas Well Permit
and Pipeline Permit applications.
c. Seek the advice of the city attorney regarding new federal
case law referencing special protected land uses.
d. Seek the advice of the city attorney regarding XTO Energy,
Inc. RRC Rule 37 Case No. 0269598.
e. Seek the advice of the city attorney regarding city official
liability coverage.
2. Section 551.072: Deliberation regarding real property
a. Discuss the potential purchase or lease of real property for
city facilities and projects.
City of Southlake values:
Intrnrity • Innnvatinn • Arnni,ntahility • (nmmitmint to Fxr.Pllanna • Taamwnrk
City of Southlake
City Council meeting agenda
March 29, 2011
Page 2 of 7
2. Reconvene: Action necessary on items discussed in Executive Session.
3. REPORTS:
A. Mayor's Report
1. Update of upcoming meetings and events
2. Southlake Sister Cities Update — Tome, Japan
3. Former Mayor John R. Tate
4. Sign Regulations
B. City Manager's Report
1. Senior Advisory Commission 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 for City Council meetings conducted on February 15,
2011; Continuation of February 15, 2011 (held on February 22, 2011);
Special City Council meeting on February 22, 2011; and March 1, 2011
City Council meeting
B Approve utility relocation agreement with Tri- County Electric for utilities
along North Kimball Avenue in the amount of $294,183.74
C. Approve Change Order No. 5 with Legacy Contracting, LP in the amount
of $21,720.00 for the Fort Worth Meter Station Modification Project
D. Approve Dyna -Mist Irrigation Company as the primary contract for
landscape services for Group 1 in the amount not to exceed $120,000 and
as the alternate contract award for Groups 2, 3, and 6 for landscape
services
E. Approve O'Donnell's Landscape Services as the primary contract for
landscape services for Groups 2, 3, 4, 6 and 7 in the amount not to
exceed $275,000 and as the alternate contract award for Group 1 and 5
for landscape services
F. Approve Signature Contracting Services as the primary contract for
landscape services for Group 5 in the amount not to exceed $15,000
G. This item was intentionally left blank
City of Southiake values:
Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork
City of Southlake
City Council meeting agenda
March 29, 2011
Page 3 of 7
H. Ordinance No. 998, 1st Reading, An ordinance to abandon excess street
right of way at 1705 West Continental Boulevard and cede the property to
the adjacent property owner. (If approved on first reading, the public
hearing will be held April 5, 2011.)
I. Ordinance 480 -EEEE, 1 Reading, An amendment to the Zoning
Ordinance No. 480, as amended, as it pertains to permitted and accessory
uses and sales within certain (non - residential) zoning districts. (If
approved on first reading, the public hearing will be held April 5, 2011.)
J. Ordinance No. 480 -603 (ZA11 -002), 1 Reading, Zoning Change and
Concept Plan for property being described as Tract 1B, Larkin H. Chivers
Survey, Abstract No. 300, and being located at 587 East Dove Road.
Current Zoning: AG Agricultural District. Requested Zoning: SF -1A
Single Family Residential District. SPIN Neighborhood #3 (If approved on
first reading, the public hearing will be held April 5, 2011.)
K. Approve a policy for the display of art in public facilities or properties
L. Approve a permit for Southlake Arts Council, APEX Arts League and Art in
the Square to allow the public display of art in Town Hall from April 19,
2011 through May 17, 2011
REGULAR AGENDA:
5. Public Forum.
(The Public Forum will not begin prior to 6:00 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. 11 -004 (GAS10 -001), Specific Use Permit for Gas and Oil
Well Drilling and Production on property being described as Tract 1A, H.
Decker Survey, Abstract No. 438 and being located at 1719 East
Continental Boulevard. Current Zoning: AG Agricultural Zoning District.
SPIN Neighborhood #8. (Item tabled at the March 1, 2011 City Council
Meeting. The Public Hearing was opened for public comment and
closed at the March 1, 2011 City Council meeting. The public hearing
may be reopened.)
B. GAS10 -002, Consider requested variances to Ordinance No. 880 -A, Gas
and Oil Well Permit Drilling and Production Ordinance for gas well
City of Southiake values:
Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork
City of Southlake
City Council meeting agenda
March 29, 2011
Page 4 of 7
permit(s) associated with gas and oil well drilling and production on
property being located at 1719 East Continental Boulevard on property
being described as a portion of Tract 1A, H. Decker Survey, Abstract No.
438. Current Zoning: AG Agricultural District. SPIN Neighborhood #8.
THIS ITEM IS RELATED TO THE SPECIFIC USE PERMIT (Resolution
No. 11 -004 — GAS10 -001) (Item tabled at the March 1, 2011 City
Council meeting)
C. GAS10 -003, Consider requested variances to Ordinance No. 880 -A, Gas
and Oil Well Permit Drilling and Production Ordinance for a pipeline permit
associated with gas and oil well drilling and production on property being
located at 1719 East Continental Boulevard on property being described
as a portion of Tract 1A, H. Decker Survey, Abstract No. 438. Current
Zoning: AG Agricultural District. SPIN Neighborhood #8. THIS ITEM IS
RELATED TO THE SPECIFIC USE PERMIT (Resolution No. 11 -004 —
GAS10 -001) (Item Tabled at the March 1, 2011 City Council meeting.)
D. Variance to Noise Ordinance No. 778, as amended, for Energy Transfer to
install a pipeline for the transportation of natural gas; identified as
Segments 1 and 2 THIS ITEM IS RELATED TO THE SPECIFIC USE
PERMIT (Resolution No. 11 -004 — GAS10 -001) (Item tabled at the
March 1, 2011 City Council meeting.)
E. Ordinance No. 641 -B, 2nd Reading, Approve revisions to the floodplain
ordinance PUBLIC HEARING
7. Ordinances, first readings, and related items:
A. Ordinance No. 480 -594A (ZA11 -006), 1 Reading, Zoning Change and
Site Plan to allow modifications to the existing approved site plan for the
new CISD elementary school on property located at 2520 North White
Chapel Boulevard being described as Lot 1R, Stanford Place, and being
approximately 17.737 acres. Current Zoning: S -P -1 Detailed Site Plan
District. Requested Zoning: S -P -1 Detailed Site Plan District. SPIN
Neighborhood #1. (If approved on first reading, the public hearing will be
held April 5, 2011.)
B. Ordinance No. 480 -338C (ZA11 -007), 1 Reading, Zoning Change and
Site Plan for improvements to Carroll ISD Senior High School on property
located at 1501 West Southlake Boulevard, being described as Lot 1,
Block 1, Carroll Senior High School Addition, and being approximately
55.033 acres. Current Zoning: S -P -1 Detailed Site Plan District.
Requested Zoning: S -P -1 Detailed Site Plan District. SPIN Neighborhood
#10. (If approved on first reading, the public hearing will be held April 5,
2011.)
City of Southlake values:
Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork
City of Southlake
City Council meeting agenda
March 29, 2011
Page 5 of 7
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:
A. Discuss the regulation of the sale of alcoholic beverages
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, March 25, 2011 by 6:00 p.m.,
pursuant to the Texas Governmelt€rde,,,Chapter 551.
t litt. ILL) . "" "..^ ^"" KKK... ' -� ' O • n S � •
Alicia Richardson, TRMC -P ' A "':
City Secretary
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If you plan to attend this public ieei 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
March 29, 2011
Page 6 of 7
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. Jayson Steele vs. City of Southlake. August 2008.
2. Pending Public Information Act requests.
3. Texas Attorney General litigation defending the constitutionality of the Texas
Open Meetings Act.
4. Legal issues regarding the Barnett Shale gas extraction and transportation.
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 to deliberate the offer of a financial or other incentive to a business
prospect as described above.
City of Southiake values:
Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork
City of Southlake
City Council meeting agenda
March 29, 2011
Page 7 of 7
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 Southiake values:
Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence • Teamwork