2010-04-06
CITY OF
S0UTHLA1<,E
TEXAS
REGULAR CITY COUNCIL MEETING: APRIL 6. 2010
LOCATION: 1400 Main Street, Southlake, Texas 76092
Council Chambers in Town Hall
WORK SESSION: 5:30 P.M.
1. Call to order.
2. Invocation: Clayton Reed, Chaplain of the Month
3. Recognition of the Southlake Department of Public Safety, Fire Services Division,
for receipt of Accreditation status.
4. Presentation to Chief Robert P. Steele (Ret.) thanking him for his service.
5. Building Services Award, Proclamation and proposed Safety Program.
6. Discuss Twin Creeks Neighborhood Sewer Program Project.
7. 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: 6:30 P.M. or 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 the Highland
Street paving and water system improvements contract.
2. Section 551.072: Deliberation regarding real property
a. Discuss the potential purchase or lease of real property for
city facilities.
3. Section 551.074: Deliberation regarding personnel matters
City of Southlake values:
Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork
City of Southlake
City Council meeting agenda
April 6, 2010
Page 2 of 7
a. Deliberation of 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
2. Kiwanis 5K Run for the Kids
B. City Manager's Report
1. Employee Banquet award winners
C. Arts Council Report
D. Historical Society Report
E. Local Business 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 March 2, 2010 regular City Council meeting and
from the March 29, 2010 special City Council meeting.
B. Resolution No. 10-011A, Amend Resolution No. 10-011, which called for a
General Election to be held May 8, 2010, by approving contracts for
election services with Tarrant County Elections Administration and Denton
County Elections Administration. (Resolucion NO 10-011A, enmienda a la
Resolucion NO 10-011, que convocd a las Elecciones Generales del 8 de
mayo del 2010, mediante la aprobacion de contratos de servicios
electorales con la Administracion Electoral del Condado de Tarrant y la
Administracion Electoral del Condado de Denton.)
C. Resolution No. 10-016, Authorize the city attorney to bring condemnation
action for the purpose of obtaining street right-of-way for the purpose of
construction and maintenance of North Kimball Avenue located in the S.
Freemen Survey, Abstract No. 525, located at 603 North Kimball Avenue.
D. Resolution No. 10-017, Authorize the city attorney to bring condemnation
action for the purpose of obtaining street right-of-way for the purpose of
City of Southlake values:
Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork
City of Southlake
City Council meeting agenda
April 6, 2010
Page 3of7
construction and maintenance of North Kimball Avenue located in Lot 5,
Block 1, Mesco Addition, located at 2150 East State Highway 114.
E. Approve Change Order No. 3 with Quality Excavation, Ltd. for unit 1
reconciliation and unit 2 revised construction phasing in the amount of
$195,081.13 for the Dove Road intersection and drainage improvement
project.
F. Approve an annual software support and maintenance agreement to Tyler
Technologies in the amount of $63,941.
G. Approve renewal of and amendment to contract with American Landscape
Systems for landscape maintenance services in the amount of $95,445.
H. Approve renewal of and amendment to contracts with TruGreen LandCare
for landscape maintenance services in the amount of $145,865.26.
1. Consider SV10-006, Variance to Sign Ordinance No. 704, as amended,
for City of Southlake Green Revolution at Bob Jones Nature Center
located at 355 East Bob Jones Road.
J. Approve a consulting agreement with TIP Strategies, Inc. in the amount of
$75,000 for preparation of an Economic Development and Tourism
Strategic Plan, an element of the Southlake 2030 Plan.
K. Ordinance No. 972, 1St Reading, Authorizing the issuance of Tax and
Sewer Revenue Certificates of Obligation, Series 2010. THIS ITEM AND
THE PUBLIC HEARING HAVE BEEN TABLED TO THE APRIL 20, 2010
CITY COUNCIL MEETING. (This is the 1St time this item has been tabled.)
L. Resolution No. 10-013 (ZA09-066), Specific Use Permit for Carports for
Non-Residential Property for Construction Management Advisors on
property being described as Lot 4R7R1, Green Meadow Subdivision, and
being located at 2250 East Continental Boulevard. Current Zoning: 11
Light Industrial District. SPIN Neighborhood #8. THE APPLICANT
REQUESTED TO TABLE THIS ITEM TO THE APRIL 20, 2010 CITY
COUNCIL MEETING. (This is the 2"d time this item has been tabled.)
M. Ordinance No. 480-549a, (ZA09-059), 2nd Reading, Zoning Change and
Site Plan for Invitation Park on property being described as Tracts 313,
31301 and a portion of 3D01, Obediah W. Knight Survey, Abstract No. 899
and being located at 821, 825 and 835 East Southlake Boulevard. Current
Zoning: S-P-1 Detailed Site Plan District. Proposed Zoning: S-P-1 Detailed
Site Plan District. SPIN Neighborhood #8. THIS ITEM HAS BEEN
WITHDRAWN BY THE APPLICANT.
City of Southlake values:
Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork
City of Southlake
City Council meeting agenda
April 6, 2010
Page 4 of 7
N. Consider SV09-017, Variance to Sign Ordinance No. 704, as amended,
for Carpet One located at 154 Bank Street. THE APPLICANT
REQUESTED TO TABLE THIS ITEM INDEFINITELY. (This is the 4th time
this item has been tabled.)
REGULAR AGENDA:
5. Public Forum. (The Public Forum will not begin prior to 7:00 p.m.)
6. Ordinances, second readings, public hearings, and related items:
A. Ordinance No. 969, 2nd Reading, Approve the Policy Ordinance Review
Committee revisions to Chapter 2 of the City Code regarding Senior
Advisory Commission and Southlake Youth Action Commission. PUBLIC
HEARING
B. Ordinance No. 970, 2nd Reading, Approve the Policy Ordinance Review
Committee revisions to Chapter 12 of the City Code regarding Parks and
Recreation. PUBLIC HEARING
7. Ordinances, first readings, and related items:
A. Ordinance No. 480-500a (ZA10-008), 1s' Reading, Zoning Change and
Site Plan for Miron Grove Office Park on property being described as
Block 1, Lot 4R1, Miron Subdivision and being located at 300 Miron Drive.
Current Zoning: S-P-2 Generalized Site Plan District. Proposed Zoning: S-
P-2 Generalized Site Plan District. SPIN Neighborhood # 8. (If approved at
first reading, the public hearing will be held April 20, 2010. )
B. Ordinance No. 480-593 (ZA09-075), 1St Reading, Zoning Change and
Development Plan for Shady Oaks subdivision on property being
described as Tract 11 D and portions of Tracts 11 and 11 D1, Thomas M.
Hood Survey, Abstract No. 706, and a portion of Lot CA2 and Lots CA3,
CA4, CAS, CA6, CA7, CAB, CA9, CA10, CA11, CA12, and CA 13, Shady
Oaks Phase 1A, and being located at 800, 820 and 1020 Shady Oaks
Drive and 600, 601, 620, 640, 700, 701, 750, 800, 801, 850, 900, 901
Sherwood Drive, and being approximately 35.662 acres. Current Zoning:
SF-20A Single-Family Residential District. Requested Zoning: RPUD
Residential Planned Unit Development District. SPIN Neighborhood #6. (If
approved at first reading, the public hearing will be held April 20, 2010.)
C. Ordinance No. 480-594 (ZA10-001), 1St Reading, Zoning Change and Site
Plan for a new Carroll ISD elementary school on property being described
as Lots 1 and 2, Stanford Place Addition and being located at 2520 and
2530 North White Chapel Boulevard. Current Zoning: SF-1A Single Family
City of Southlake values:
Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork
City of Southlake
City Council meeting agenda
April 6, 2010
Page 5 of 7
Residential District. Requested Zoning: S-P-1 Detailed Site Plan District.
SPIN Neighborhood #1. (If approved at first reading, the public hearing will
be held April 20, 2010.)
D. Ordinance No. 967, 1St Reading, Southlake 2030 Wayfinding Sign System
Plan. (If approved at first reading, the public hearing will be held April 20,
2010.)
8. Resolutions:
A. Resolution No. 10-015, Appoint members to fill two unexpired positions on
the Planning and Zoning Commission.
9. Other items for consideration:
A. Consider SV10-005, Variance to Sign Ordinance No. 704, as amended,
for Bethel Methodist Church located at 190 South White Chapel
Boulevard.
B. Consider termination of the contract with Municipal Construction, Inc. for
Highland Street Paving and Water System Improvements.
10. Other items for discussion:
A. Board and Commission appointments.
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, April 2, 2010, by 6:00 p.m.,
pursuant to the Texas Government Code, Chapter 551.
Lori Payne, TRM
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City Secretary
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If you plan to attend this publii`imetf ~a disability that requires special needs, please
advise the City Secretary's Ofp ,79~djh&ve htours 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
April 6, 2010
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. Michael Kenny vs. City of Southlake. April 2008.
2. Jayson Steele vs. City of Southlake. August 2008.
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.
Section 418.183(fl: 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
City of Southlake values:
Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork
City of Southlake
City Council meeting agenda
April 6, 2010
Page 7 of 7
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