2010-09-21 CITY OF
SOUTHLAKE
TEXAS
REGULAR CITY COUNCIL MEETING: SEPTEMBER 21, 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: Scott Berry, Chaplain of the Month
3. Southlake Chamber of Commerce announcement for Oktoberfest
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: 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 subject matter of
this City Council meeting.
1. Section 551.072: Deliberation regarding real property
a. Discuss the potential purchase or lease of real property for
city facilities and projects.
2. 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. Senior Advisory Commission Report
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September 21, 2010
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B. City Manager's Report
1. Ordinance Priority Schedule
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 September 7, 2010 regular City Council
meeting and the September 9, 2010 City Council joint work session with
the Planning and Zoning Commission.
B. Approve a Community Events Participation Agreement with Greater Fort
Worth Builders Association and Terra Land Hat Creek Developments for
the Kaleidoscope of Homes event.
C. Approve Change Order No. 6 with Quality Excavation for Dove Road
intersection and drainage improvements in the amount of $44,752 for
sidewalks along North White Chapel Boulevard.
D. Approve purchase of right -of -way for Kirkwood Boulevard Improvements
from the property at 1371 East Highland Street.
E. Approve purchase of right -of -way for Kimball Avenue Improvements from
the property at 600 North Kimball Avenue.
F. Resolution No. 10 -051, Annual review of investment policy and investment
strategies.
G. Resolution No. 10 -052, Amend the Fee Schedule.
H. Ordinance No. 984, 1 Reading, Approve a negotiated resolution between
the Atmos Cities Steering Committee and Atmos Energy. (If approved on
first reading, the public hearing will be held on October 5, 2010.)
I. Plat Extension for ZA08 -053, extending the validity of the Preliminary Plat
for Kimball Circle Estates for an additional (1) one year from its date of
expiration on October 21, 2010 on property being described as Tracts 6G,
6H and 6K, J.A. Freeman Survey, Abstract No. 529, and being located at
703, 722 and 750 South Kimball Avenue. Current Zoning: SF -20A Single
Family Residential District. SPIN Neighborhood #8.
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J. Variance to the Subdivision Ordinance 483, as amended, extending the
validity of the expired plat for case ZA08 -014, Preliminary Plat for Winfield
Estates for one (1) year on property being described as Tract 1, 1C and
1C01, Absolom H. Chivers Survey, Abstract No. 299, and being located at
2210 North Carroll Avenue and 1155 and 1107 East Dove Road. Current
Zoning: R -PUD Residential Planned Unit Development District. SPIN
Neighborhood #3.
K. Variance to the Subdivision Ordinance 483, as amended, extending the
validity of the expired plat for case ZA08 -033, Final Plat for Winfield
Estates for one (1) year on property being described as Tract 1, 1C and
1C01, Absolom H. Chivers Survey, Abstract No. 299, and being located at
2210 North Carroll Avenue and 1155 and 1107 East Dove Road. Current
Zoning: R -PUD Residential Planned Unit Development District. SPIN
Neighborhood #3.
L. Approve an interlocal agreement for combined public safety dispatch and
jail services for the cities of Keller, Southlake, and Colleyville.
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. 981, 2nd Reading, Approve and adopt the Annual Budget
for the Fiscal Year 2011 and approve the revised budget figures for the
Fiscal Year 2010 and Multi -year Capital Improvements Plan. SECOND
PUBLIC HEARING
B. Ordinance No. 982, 2nd Reading, Tax Levy Ordinance. SECOND PUBLIC
HEARING
C. Ordinance No. 480 -598 (ZA10 -039), 2nd Reading, Zoning Change and
Concept Plan for Southlake Montessori on property being legally
described as Lot 4, Block 1, Pecan Creek Addition and being located at
731 Zena Rucker Road. Current Zoning: 0-1 Office Zoning District.
Requested Zoning: S -P -2 Generalized Site Plan Zoning District. SPIN
Neighborhood #9. THE APPLICANT HAS REQUESTED TO TABLE THIS
ITEM TO THE OCTOBER 5, 2010 CITY COUNCIL MEETING.
D. Ordinance No. 480 -534a (ZA10 -048), 2nd Reading, Zoning Change and
Development Plan for Winfield Estates on property being described as
Tract 1, 1C and 1C01, Absolom H. Chivers Survey, Abstract No. 299, and
being located at 2210 North Carroll Avenue and 1155 and 1107 East Dove
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Road. Current Zoning: R -PUD Residential Planned Unit Development
District. Requested Zoning: R -PUD Residential Planned Unit Development
District. SPIN Neighborhood #3. PUBLIC HEARING
E. Ordinance No. 480 -597 (advertised as Ordinance No. 480 -598) (ZA10-
049), 2nd Reading, Zoning Change and Site Plan for Doctor Gist Office on
property being described as Lot 1A, Block 1, Emerald Estates South and
being located at 2379 North Carroll Avenue. Current Zoning: 0-1 Office
Zoning District. Requested Zoning: S -P -1 Detailed Site Plan Zoning
District. SPIN Neighborhood #2. PUBLIC HEARING
F. Ordinance No. 704E, 2nd Reading, Amend Ordinance No. 704, the City of
Southlake Comprehensive Sign Ordinance, for the purpose of regulating
readerboards within the limits of the City of Southlake. PUBLIC HEARING
G. Resolution No. 10 -053, (ZA10 -050) Specific Use Permit for shade
structures for Fireplug Inn on property being described as Lot 3R11 R2,
Green Meadow Subdivision and being located at 2251 East Continental
Boulevard. Current Zoning: 11 Light Industrial Zoning District. SPIN
Neighborhood #8. PUBLIC HEARING
H. Approve a drainage easement encroachment and joint use agreement
with Journey 5 Ventures, LLC on Lot 3R11 R2, Block 1, Green Meadow
Subdivision.
7. Ordinances, first readings, and related items: (There are no items on this
agenda.)
8. Resolutions: (There are no items on this agenda.)
9. Other items for consideration:
A. Approve a commercial developer's agreement for the Goddard School
located at 435 West Southlake Boulevard with Southlake Noble LLC.
B. Consider SV10 -019, Variance to the Conditional Sign Permit for the Shops
of Southlake for Sleep Number by Select Comfort located at 1251 East
Southlake Boulevard, Suite 339.
C. Approve the naming of the City park currently referred to as North Park.
10. Other items for discussion:
A. Discuss recommended Sign Ordinance revisions (logos).
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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, September 17, 2010 by 6:00 p.m.,
pursuant to the Texas Government Code, Chapter 551.
d f F,
Lori Payne, TRM Ei I,— o
City Secretary 5 Q
0 o
If you plan to attend this lic W t in .,end have a disability that requires special needs, please
advise the City Secretary's' z'''„° °8 hours in advance at 817 748 -8016 and reasonable
accommodations will be made to assist you.
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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 qift 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.
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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.
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