2011-02-15 CITY O F
SOU THLAKE
TE
REGULAR CITY COUNCIL MEETING: FEBRUARY 15, 2011
LOCATION: 1400 Main Street, Southlake, Texas 76092
Council Chambers in Town Hall
WORK SESSION: 5:30 P.M.
1. Call to order.
2. Invocation: Scott Berry, Chaplain of the Month
3. Town Square Development Monument Project
4. Discussion of Zoning Ordinance Amendments relating to Personal Care
(Assisted Living) Facilities
5. 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(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 attorney
a. Seek advice of the city attorney regarding gas drilling and
production and gas utility companies.
b. Seek advice of the city attorney regarding pending XTO and
Energy Transfer Specific Use Permit, Gas Well Permit and
Pipeline Permit applications.
c. Seek advice from the attorney regarding new federal case
law referencing special protected land uses.
d. Seek advice of the city attorney regarding Carroll
Independent School District projects.
e. Seek advice of the city attorney regarding the regulation of
the sale of alcoholic beverages.
City of Southlake values:
Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork
City of Southlake
City Council meeting agenda
February 15, 2011
Page 2 of 9
2. Section 551.072: Deliberation regarding real property
a. Discuss the potential purchase or lease of real property for
city facilities and projects.
3. Section 551.087: Deliberation regarding economic
development negotiations
a. Economic incentives for businesses.
B. Reconvene: Action necessary on items discussed in Executive Session.
3. REPORTS:
A. Mayor's Report
1. Update of upcoming meetings and events
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 the minutes from the January 18, 2011 regular City Council
meeting, the January 25, 2011 special City Council meeting, the January
31, 2011 City Council Winter Retreat, and the February 1, 2011 regular
City Council meeting (and continued on February 2, 2011 and continued
on February 4, 2011).
B. Cancel or reschedule the March 15, 2011 regular City Council meeting to
March 29, 2011.
C. Resolution No. 11 -009, CaII a General Election for May 14, 2011.
D. Approve an interlocal agreement with Tarrant County to assist in the
reconstruction of Morgan Road.
E. Resolution No. 11 -007, Authorizing and endorsing the application for the
Watersmart "Water and Energy Efficiency Grant."
F. This item was intentionally left blank.
G. Approve the purchase of right of way for Kimball Avenue improvements
from the property at 759 North Kimball Avenue.
City of Southlake values:
Integrity ♦ Innovation ♦ Accountability • Commitment to Excellence ♦ Teamwork
City of Southlake
City Council meeting agenda
February 15, 2011
Page 3of9
H. Approve Guaranteed Maximum Price with Dean Electric, Inc. dba Dean
Construction in the amount of $6,631,811.66 for construction of the North
Park.
I. Approve Addendum A to the North Park professional services agreement
with Schrickel Rollins & Associates, Inc. for $71,300.
J. Approve assignment of contract from MESA Design to Studio Outside for
development of the Bob Jones Nature Center and Preserve master plan.
K. ZA10 -072, Plat Revision for Lot 2R, Block 3, Wingate Hill Addition, being a
revision of Lot 2, Block 3, Wingate Hill Addition being currently addressed
as 101 Welford Lane. Current Zoning: SF -1A Single Family Residential.
SPIN Neighborhood #1.
L. Resolution No. 10 -057 (GAS10 -004), Specific Use Permit for Gas and Oil
Well Drilling and Production on property being located at 651 and 655
East Highland Street on property being described as a portion of Lots 1R1
and 2, Block A, Milner Addition. Current Zoning: AG Agricultural District.
SPIN Neighborhood #7. THIS ITEM AND RELATED PUBLIC HEARING
IS CONTINUED TO FEBRUARY 22, 2011.
M. GAS10 -005, Consider Requested Variances to Ordinance No. 880 -A, Gas
and Oil Well Permit Drilling and Production Ordinance for gas well
permit(s) associated with gas and oil well drilling and production on
property being located at 651 and 655 East Highland Street on property
being described as a portion of Lots 1R1 and 2, Block A, Milner Addition.
Current Zoning: AG Agricultural District. SPIN Neighborhood #7. THIS
ITEM IS RELATED TO THE SPECIFIC USE PERMIT (Resolution No.
10 -057 — GAS10 -004). THIS ITEM AND RELATED PUBLIC HEARING
IS CONTINUED TO FEBRUARY 22, 2011.
N. GAS10 -006, 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 651 and 655 East Highland Street on property being described
as a portion of Lots 1R1 and 2, Block A, Milner Addition. Current Zoning:
AG Agricultural District. SPIN Neighborhood #7. THIS ITEM IS RELATED
TO THE SPECIFIC USE PERMIT (Resolution No. 10 -057 — GAS10-
004). THIS ITEM AND RELATED PUBLIC HEARING IS CONTINUED
TO FEBRUARY 22, 2011.
O. Variance to Noise Ordinance No. 778, as amended, for Energy Transfer to
install a pipeline for the transportation of natural gas along the State
Highway SH 114 corridor. THIS ITEM IS RELATED TO THE SPECIFIC
City of Southlake values:
Integrity • Innovation ♦ Accountability ♦ Commitment to Excellence • Teamwork
City of Southlake
City Council meeting agenda
February 15, 2011
Page 4 of 9
USE PERMIT (Resolution No. 10 -057 — GAS10 -004). THIS ITEM AND
RELATED PUBLIC HEARING IS CONTINUED TO FEBRUARY 22,
2011.
ITEMS 4P — 4T: REQUESTS FOR TABLING
P. Ordinance No. 598 -E, 2nd Reading, Approving and ordinance and related
exhibits, revising aspects of the Southlake Program for the Involvement of
Neighborhoods (SPIN) Code of Conduct and replacing Ordinance No.
598 -D. THIS ITEM IS ADMINISTRATIVELY TABLED.
Q. Resolution 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. THE APPLICANT HAS REQUESTED TO
TABLE THIS ITEM TO THE MARCH 1, 2011 CITY COUNCIL MEETING.
R. GAS10 -002, Consider requested variances to Ordinance No. 880 -A, Gas
and Oil Well Permit Drilling and Production Ordinance for gas well
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). THE APPLICANT HAS REQUESTED TO
TABLE THIS ITEM TO THE MARCH 1, 2011 CITY COUNCIL MEETING.
S. 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). THE APPLICANT HAS REQUESTED TO TABLE THIS
ITEM TO THE MARCH 1, 2011 CITY COUNCIL MEETING.
T. 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. THE APPLICANT HAS REQUESTED TO TABLE
THIS ITEM TO THE MARCH 1, 2011 CITY COUNCIL MEETING.
REGULAR AGENDA:
5. Public Forum.
City of Southlake values:
Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork
City of Southlake
City Council meeting agenda
February 15, 2011
Page 5 of 9
(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. Ordinance No. 480 -601 (ZA10 -060), 2nd 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. PUBLIC HEARING
B. ZA11 -001, Revised Site Plan for Toys R Us / Babies R Us to Include a
Request for a Variance to the Masonry Ordinance No. 557 -A, as
amended, on property being described as Lot 2A, Block 1, Farrar Addition
(also known as Southlake Corners) and being located at 250 North
Kimball Avenue. Current Zoning: C -3 General Commercial Zoning
District. SPIN Neighborhood #8. PUBLIC HEARING
C. SV11 -002, Variance to the Southlake Corners Conditional Sign Permit for
Toys R Us / Babies R Us located at 250 North Kimball Avenue.
BUILDING CODE ITEMS (6D — 6K):
D Ordinance No. 986, 2 "d 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). PUBLIC HEARING
E. Ordinance No. 987, 2nd 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. PUBLIC HEARING
City of Southlake values:
Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork
City of Southlake
City Council meeting agenda
February 15, 2011
Page 6 of 9
F. Ordinance No. 988, 2nd Reading, 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 water - heating and
illumination systems and equipment. PUBLIC HEARING
G. Ordinance No. 931A, 2nd Reading, Amending Chapter 15, Article III, "Fire
Code" of the Code of Ordinances by adopting the 2009 Edition of the
International Fire Code, repealing Ordinance No. 931 and repealing all
ordinances in conflict herewith. PUBLIC HEARING
H. Ordinance No. 989, 2 Reading, Adopting the International Fuel Gas
Code, 2009 Edition, providing for the adoption of local amendments
thereto. PUBLIC HEARING
I. Ordinance No. 990, 2 Reading, Adopting the International Mechanical
Code, 2009 Edition; providing for the adoption of local amendments
thereto. PUBLIC HEARING
J. Ordinance No. 991, 2 Reading, Adopting the International Plumbing
Code, 2009 Edition; providing for the adoption of local amendments
thereto. PUBLIC HEARING
K. Ordinance No. 996, 2 Reading, Amending 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.
PUBLIC HEARING
L. Ordinance No. 928, 2 Reading, Continuing Ordinance 928 Article VII of
Chapter 15 of the Southlake Code of Ordinances "Curfew Hours For
Minors ". PUBLIC HEARING
M. Ordinance No. 994, 2 Reading, an ordinance adopting the Economic
Development and Tourism Strategic Plan Component of the Southlake
2030 Plan, the City's Comprehensive Plan Update. PUBLIC HEARING
N. Ordinance No. 995, 2 Reading, Appointing an Alternate Municipal Judge
and authorizing the mayor to execute an agreement with the Alternate
Municipal Judge and providing an effective date. 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.)
City of Southlake values:
Integrity ♦ Innovation ♦ Accountability • Commitment to Excellence ♦ Teamwork
City of Southlake
City Council meeting agenda
February 15, 2011
Page 7of9
9. Other items for consideration:
A. SV11 -003, Variance to the Southlake Town Square Grand Avenue District
Conditional Sign Permit for Sephora located at 312 Grand Avenue West.
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 11, 2011 by 6:00 p.m.,
pursuant to the Texas Government Code, Chapter 551.
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Alicia Richardson, TRMC
City Secretary
If you plan to attend this public"m Ling 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
February 15, 2011
Page 8 of 9
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
February 15, 2011
Page 9 of 9
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