2011-01-25 CITY O F
SOUTHLAKE
TEXAS
SPECIAL CITY COUNCIL MEETING: JANUARY 25, 2011
LOCATION: 1400 Main Street, Southlake, Texas 76092
Council Chambers in Town Hall
WORK SESSION: 5:00 P.M.
1. Call to order.
2. Invocation: Zach Polyak, Chaplain of the Month
3. Present update on Multipurpose Facility Feasibility Study
4. 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. CaII 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 advice of the city attorney regarding the regulation of
the sale of alcoholic beverages.
b. Seek advice from the attorney regarding new federal case
law referencing special protected land uses.
c. Seek advice of the city attorney regarding gas drilling and
production and gas utility companies.
d. Seek advice of the city attorney regarding pending XTO and
Energy Transfer Specific Use Permit, Gas Well Permit and
Pipeline Permit applications.
e. Seek advice of the city attorney regarding Carroll
Independent School District projects.
2. Section 551.072: Deliberation regarding real property
City of Southlake values:
Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork
City of Southlake
City Council meeting agenda
January 25, 2011
Page 2 of 7
a. Discuss the potential purchase or lease of real property for
city facilities and projects.
b. Discuss acquisition of real property for the extension of East
Kirkwood Boulevard.
4. Section 551.074: Deliberation regarding personnel matters
a. Deliberation of appointments of city board and commission
members.
b. Deliberate the appointment of the City Secretary position.
3. Section 551.087: Deliberation regarding economic
development negotiations
a. Economic incentives for businesses.
B. Reconvene: Action necessary on items discussed in Executive Session.
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. Resolution No. 11 -002, Request the realignment of United States Postal
Service Zip Code Boundaries to include the west side of the City for
addresses located in Southlake but receiving mail delivery from Keller.
BUILDING CODE ITEMS (4B — 41)
B. Ordinance No. 986, 1 Reading, Adopting the 2009 Edition of the
International Residential Code for One- and Two - Family Dwellings,
regulating the erection, construction, enlargement, alteration, repair,
moving, removal, demolition, conversion, occupancy, equipment, use,
height, area and maintenance of all one- and two- family dwellings and
multiple single - family dwellings (townhouses). (If approved on first
reading, the public hearing will be held on February 1, 2011.)
C. Ordinance No. 987, 1 Reading, Adopting the 2009 Edition of the
International Building Code, regulating the erection, construction,
enlargement, alteration, repair, moving, removal, demolition, conversion,
occupancy, equipment, use, height, area and maintenance of all buildings
or structures, except for one- and two- family dwellings and multiple single
family dwellings (townhouses) and including the National Electrical Code
as referenced herein. (If approved on first reading, the public hearing will
be held on February 1, 2011.)
City of Southlake values:
Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence • Teamwork
City of Southlake
City Council meeting agenda
January 25, 2011
Page 3of7
D. Ordinance No. 988, 1St Reading, An Ordinance Adopting the 2009 Edition
of the International Energy Conservation Code, regulating the design of
building envelopes for adequate thermal resistance and low air leakage
and the design and selection of mechanical, electrical, service
waterheating and illumination systems and equipment. (If approved on first
reading, the public hearing will be held on February 1, 2011.)
E. Ordinance No. 931A, 1 Reading, An Ordinance Texas, Amending
Chapter 15, Article III, "Fire Code" of the Code of Ordinances of the City of
Southlake, Texas, by Adopting the 2009 Edition of the International Fire
Code, repealing Ordinance Number 931 and repealing all ordinances in
conflict herewith. (If approved on first reading, the public hearing will be
held on February 1, 2011.)
F. Ordinance No. 989, 1 Reading, An Ordinance Adopting the International
Fuel Gas Code, 2009 Edition, providing for the adoption of local
amendments thereto. (If approved on first reading, the public hearing will
be held on February 1, 2011.)
G. Ordinance No. 990, 1 Reading, An Ordinance Adopting the International
mechanical Code, 2009 Edition, providing for the adoption of local
amendments thereto. (If approved on first reading, the public hearing will
be held on February 1, 2011.)
H. Ordinance No. 991, 1 Reading, An Ordinance Adopting the International
Plumbing Code, 2009 Edition; providing for the adoption of local
amendments thereto. (If approved on first reading, the public hearing will
be held on February 1, 2011.)
I. Ordinance No. 996, 1 Reading, Amendment to the 2009 Edition of the
International Building Code, Appendix J to include regulations for the
management procedures and practices for the storage of soil stockpiles.
(If approved at first reading, the public hearing will be held on February 1,
2011.)
J. Resolution No. 11 -006, Suspending the February 14, 2011, effective date
of Oncor requested rate change to permit the City time to study the
request and to establish reasonable rates.
K. Ordinance No. 994, 1 Reading, an Ordinance adopting the Economic
Development and Tourism Strategic Plan Component of the Southlake
2030 Plan, the City's Comprehensive Plan Update. (If approved at first
reading, the public hearing for this item will be held on February 1, 2011.)
City of Southlake values:
Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork
City of Southlake
City Council meeting agenda
January 25, 2011
Page 4 of 7
L. Approve a Community Event Participation Agreement for Art in the
Square.
M. Ordinance No. 928, 1 Reading, Continuing Ordinance No. 928 Article VII
of Chapter 15 of the Southlake Code of Ordinances "Curfew Hours For
Minors ". (If approved at first reading, the public hearing for this item will
be held on February 1, 2011.)
N. Authorize the purchase of a Frazer Type I ambulance off the HGAC
cooperative purchasing program in amount not to exceed $166,450.
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: (There are no
items on this agenda.)
7. Ordinances, first readings, and related items:
A. Ordinance No. 480 -601 (ZA10 -060), 1 Reading, Zoning Change and
Development Plan for Highland Park on property being described as Tract
1B02, W.W. Hall Survey, Abstract No. 687 and Lot 1R2, Block 1,
Southlake Assembly of God Addition and being located at 151 and 411
East Highland Street. Current Zoning: AG Agricultural Zoning District and
CS Community Service Zoning District. Requested Zoning: R -PUD
Residential Planned Unit Development Zoning District. SPIN
Neighborhood #7. (If approved at first reading, the public hearing will be
held on February 1, 2011.)
8. Resolutions: (There are no items on this agenda.)
9. Other items for consideration:
A. Approve a policy for the display of art in public facilities.
B. Approve artists, concepts and contracts for art in the roundabouts.
FACILITIES UTILIZATION AGREEMENTS (9C — 9F)
City of Southlake values:
Integrity ♦ Innovation • Accountability ♦ Commitment to Excellence ♦ Teamwork
City of Southlake
City Council meeting agenda
January 25, 2011
Page 5 of 7
C. Approve a Facilities Utilization Agreement with Grapevine Southlake
Soccer Association.
D. Approve a Facilities Utilization Agreement with Southlake Carroll Lacrosse
Association.
E. Approve a Facilities Utilization Agreement with Southlake Baseball
Association.
F. Approve a Facilities Utilization Agreement with Southlake Girls Softball
Association.
G. SV10 -029, Variance to Sign Ordinance No. 704, as amended, for Mooyah
Burgers & Fries located at 2225 West Southlake Boulevard.
H. SV11 -001, Variance to Sign Ordinance No. 704 as amended for Qdoba
located at 2787 East Southlake Boulevard, Suite 100.
I. SV10 -030, Variance to the 280 Sports Conditional Sign Permit for Spartan
Sports located at 280 Commerce Street, Suite 130.
10. Other items for discussion:
A. Discuss expanding the role of the Council Wayfinding Signage Committee
to develop pedestrian- oriented signs for special events in Town Square
and permanent SPIN meeting notification signs.
B. Discuss expanding the role of the Council Sign Ordinance Committee to
review all aspects of Ordinance No. 704, as amended.
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, January 21, 2011 by 6:00 p.m.,
pursuant to the Texas Government Code, Chapter 551.
Tara A. Brooks
Interim 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
January 25, 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 Southlake values:
Integrity ♦ Innovation • Accountability ♦ Commitment to Excellence ♦ Teamwork
City of Southlake
City Council meeting agenda
January 25, 2011
Page7of7
Section 418.183(0: 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