2011-03-01 Le CITY OF
SOUTHLAKE
TEXAS
REGULAR CITY COUNCIL MEETING: MARCH 1, 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: Eric Hulet, Chaplain of the Month
3. Water Conservation Irrigation Audit/Repair Pilot Program
4. Southlake 2030 Plan - Wildlife Management Element
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 subiect 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.
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
March 1, 2011
Page 2 of 6
a. Discuss the potential purchase or lease of real property for
city facilities and projects.
3. Section 551.074: Deliberation regarding personnel matters
a. Deliberate the appointments of city board and commission
members.
4. 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
1. 2010 Annual Racial Profiling 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 February 3, 2011 joint work session with
City Council and the Planning and Zoning Commission and the February
8, 2011 Special City Council meeting
B. Approve Change Order No. 8 with North Texas Contracting, Inc. in the
amount of $479,539.00 for additional utility and drainage improvements
associated with the Neighborhood Sewer Project
C. Declare Aqua Texas property as surplus
D. Approve an annual renewal of Town Square street sweeping contract with
Mid - Cities Sweepers Plus, Inc.
E. Ordinance No. 641 -B, 1 Reading, Approve revisions to the floodplain
ordinance. (If approved on first reading, the public hearing will be held on
March 29, 2011.)
F. Resolution No. 11 -012, Authorize the city attorney to bring condemnation
action for the purpose of obtaining street right of way and easements for
City of Southlake values:
Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork
City of Southlake
City Council meeting agenda
March 1, 2011
Page 3 of 6
construction and maintenance of North Kimball Avenue located in the
Francis Throop Survey, Abstract 1511 at 1200 North Kimball Avenue
G. Approve travel for Mayor Terrell to Austin, Texas for Tarrant County Days
at the Capitol on March 2 -3, 2011
H. Resolution No. 11 -014, Approving and authorizing publication of notice of
intention to issue Certificates of Obligation, Series 2011A for capital
improvement projects
I. Resolution No. 11 -015, Approving and authorizing publication of notice of
intention to issue Certificates of Obligation, Series 2011B for capital
improvement projects
J. Resolution No. 11 -016, Approving and authorizing publication of notice of
intention to issue Certificates of Obligation, Series 2011C for capital
improvement projects
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 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. PUBLIC HEARING
B. 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)
City of Southlake values:
Integrity ♦ Innovation ♦ Accountability • Commitment to Excellence • Teamwork
City of Southlake
City Council meeting agenda
March 1, 2011
Page 4 of 6
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)
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
7. Ordinances, first readings, and related items: (There are no items on this
agenda.)
8. Resolutions:
A. Resolution No. 11 -010, Appointing a member to the Crime Control and
Prevention District to fill an unexpired term
B. Resolution No. 11 -011, Appointing a member to the Planning and Zoning
Commission to fill an unexpired term
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 25, 2011 by 6:00 p.m.,
pursuant to the Texas Government Gp41g,,Chapter 551.
_ ` tki,Vb/84.0.6 , d.a• ®® iii
Alicia Richardson, TRMC F. c,�: � :0 5
I. City Secretary
If you plan to attend this public" "tat ++reand 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 1, 2011
Page 5 of 6
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
March 1, 2011
Page 6 of 6
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