2010-11-02 ej CITY OF
SOUTHLAKE
TEXAS
REGULAR CITY COUNCIL MEETING: NOVEMBER 2, 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 and reception for President's Volunteer Service Award recipient.
4. Recognition options for Town Square Developer Brian Stebbins.
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 the application
and enforcement of city zoning regulations and site plan
requirements associated with Carroll Independent School
District properties.
c. Seek advice of the city attorney regarding the DT (Downtown
District) zoning district.
2. Section 551.072: Deliberation regarding real property
a. Discuss the potential purchase or lease of real property for
city facilities and projects.
b. Discuss Right -of -Way acquisition for TW King Waterline.
City of Southlake values:
Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork
City of Southlake
City Council meeting agenda
November 2, 2010
Page 2 of 7
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
2. Proclamation for Veteran's Day 2010
B. City Manager's Report
C. Library Board 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 October 12, 2010 joint work session with
City Council and the Planning and Zoning Commission and from the
October 19, 2010 regular City Council meeting.
B. Award construction contract to Ed Bell Construction, Inc. in the amount of
$6,892,561.81 for paving, drainage and utility improvements for North
Kimball Avenue from State Highway 114 to Dove Road.
C. Award construction contract to Conatser Construction TX, LP in the
amount of $933,923.75 for extension of East Kirkwood Boulevard to East
Highland Avenue.
D. Approve SPDC Matching Funds request from Southlake Baseball
Association in the amount of $42,269 for batting cage improvements at
Bicentennial Park.
E. Resolution No. 10 -056, Adopt Transportation Advocates of Texas, Inc.
Resolution endorsing a statewide education campaign to inform Texans of
statewide transportation needs and urging the 82" Texas Legislature to
enact revenue measures to fund investment needed to improve Texas
transportation.
F. Approve the emergency elevator repair by ThyssenKrupp Elevator in the
east parking garage in Town Square in the amount of $57,546.
City of Southlake values:
Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork
City of Southlake
City Council meeting agenda
November 2, 2010
Page 3 of 7
G. Approve professional services agreement with Dean Electric, DBA Dean
Construction, as Construction Manager at Risk for North Park.
H. Approve purchase of a new vehicle, GPS mapping, water valve and fire
hydrant maintenance equipment in the amount of $95,110 from Philpott
Motors.
I. Approve the purchase of Musco LightStructure Green sports field lighting
system from Musco in the amount of $338,390 for the Southlake Sports
Complex.
J. SV10 -022, Variance to Sign Ordinance No. 704, as amended, for Solara
Surgical Center located at 2250 East Continental Boulevard, Suite 100.
K. Approve a commercial developer's agreement with Carroll Independent
School District for Jack D. Johnson Elementary School located at 1301
North Carroll Avenue.
L. 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 NOVEMBER 16, 2010 CITY COUNCIL MEETING.
(This is the fifth time this item has 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. 598 -E, 2nd Reading, Ordinance No. 598 -E and related
exhibits, revising aspects of the Southlake Program for the Involvement of
Neighborhoods (SPIN) Code of Conduct and replacing Ordinance No.
598 -D. PUBLIC HEARING
B. Ordinance No. 985, 2 Reading, Dedicate a permanent utility, drainage
and wall easement from city -owned park property located at 700 North
Kimball Avenue for the purpose of constructing future street
improvements. PUBLIC HEARING
C. Ordinance No. 480 -600 (ZA10 -053), 2 Reading, Zoning Change and
Concept Plan for property being described as Tract 2B2A, William H.
City of Southlake values:
Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork
City of Southlake
City Council meeting agenda
November 2, 2010
Page 4 of 7
Martin Survey, Abstract No. 1068, and being located at 1742 Our Lane.
Current Zoning: AG Agricultural District. Requested Zoning: SF -1A Single
Family Residential District. SPIN Neighborhood #5. PUBLIC HEARING
D. Ordinance No. 480 -599 (ZA10 -052), 2nd Reading, Zoning Change and
Concept Plan for property being described as Lot 1, Block 1, Charles W.
Halfman Addition, and Tract 9D6, J.J. Freshour Survey, Abstract No. 521,
and being located at 2555 and 2527 Florence Road. Current Zoning: SF-
1A Single Family Residential District and AG Agricultural District.
Requested Zoning: SF -2 Single Family Residential District. SPIN
Neighborhood #11. PUBLIC HEARING
E. ZA10 -051, Plat Revision for Lot 1, Block 1, Worsham Addition, being a
revision of Lot 1, Block 1, Charles W. Halfman Addition, and Tract 9D6,
J.J. Freshour Survey, Abstract No. 521, and being located at 2527 and
2555 Florence Road. Current Zoning: SF -1A Single Family Residential
District and AG Agricultural District. Requested Zoning: SF -2 Single
Family Residential District.
F. Ordinance No. 980, 2nd Reading, Southlake 2030 Southeast Sector Land
Use Plan. PUBLIC HEARING
7. Ordinances, first readings, and related items:
A. Ordinance No. 480 -549A (ZA10 -054), 1 Reading, Zoning Change and
Concept Plan for Tower Plaza on property being described as Tract 3B,
3B01 and a portion of Tract 3D01, Obediah W. Knight Survey, Abstract
No. 899, and being located at 821, 829 and 835 East Southlake
Boulevard. Current Zoning: S -P -1 Detailed Site Plan District. Requested
Zoning: S -P -1 Detailed Site Plan District. SPIN Neighborhood #9. (If
approved at first reading, the public hearing for this item will be held on
November 16, 2010.)
8. Resolutions:
A. Resolution No. 10 -054, Approve the Friendship City Agreement with
Suzhou Wuzhong District, China.
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.
City of Southlake values:
Integrity ♦ Innovation • Accountability • Commitment to Excellence • Teamwork
City of Southlake
City Council meeting agenda
November 2, 2010
Page 5 of 7
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, October 29, 2010 by 6:00 p.m.,
pursuant to the Texas Government Code, Chapter 551.
-p
Lori Payne, TRI C ., ® '= '
City Secretary ''
�j ° Y1896 ° p ti
If you plan to attend this public'mesit tin ptrhave a disability that requires special needs, please
advise the City Secretary's Office48 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
November 2, 2010
Page6of7
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
November 2, 2010
Page 7 of 7
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