2010-11-16 CITY OF
SOU TH LAKE
REGULAR CITY COUNCIL MEETING: NOVEMBER 16, 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: Eric Hulet, Chaplain of the Month
3. Discuss F.M. 1938 Urban Design Concept
4. Present information on the "Deck the Windows" program
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.
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 551.074: Deliberation regarding personnel matters
a. Deliberate the appointment of the City Secretary position.
City of Southlake values:
Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence • Teamwork
City of Southlake
City Council meeting agenda
November 16, 2010
Page 2 of 7
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. MySouthlakeNews.com update
2. Home for the Holidays update
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 November 2, 2010 joint work session with
the City Council, Southlake Parks Development Corporation, and Parks
and Recreation Board from the November 2, 2010 regular City Council
meeting.
B. Approve Master Utility Adjustment Agreement with Texas Department of
Transportation and North Gate Constructors for relocation of City utilities
adjacent to the DFW Connector Project.
C. Approve CISD Joint Utilization agreement for emergency fuel and bus
usage.
D. Approve Change Order No. 3 with Barson Utilities for the water and
sanitary sewer relocations on F.M. 1709 for the median and deceleration
lane project in the amount of $40,177.80.
E. Ordinance No. 480 -BBBB, 1 Reading, An amendment to the
Comprehensive Zoning Ordinance No. 480, as amended, as it pertains to
termination or amortization of non - conforming uses. (If this item is
approved on 1 Reading, a public hearing will be held on December 7,
2010.)
F. MSP10 -006, Master Sign Plan for Bicentennial Park located at 450 West
Southlake Boulevard.
City of Southlake values:
Integrity ♦ Innovation • Accountability ♦ Commitment to Excellence ♦ Teamwork
City of Southlake
City Council meeting agenda
November 16, 2010
Page 3 of 7
G. SV10 -024, Variance to the Southlake Corners Conditional Sign Permit for
McAlister's Deli located at 100 North Kimball Avenue, Suite 110.
H. Ordinance No. 992, 1 Reading, Adopt an ordinance to dedicate street
right -of -way from City -owned property at 1371 East Highland Avenue for
the purpose of constructing Kirkwood Boulevard and declare the
remainder of the property to be surplus. (If this item is approved on 1St
Reading, a public hearing will be held on December 7, 2010.)
I. ZA10 -046, Revised Concept Plan for Kimball Circle Estates on property
being described as Tracts 6G, 6H and 6K, John A. Freeman Survey,
Abstract No. 529, and being located at 703, 722, 730 and 750 South
Kimball Avenue. Current Zoning: SF -20A Single Family Residential
District. SPIN Neighborhood #8. THIS ITEM IS TABLED AND THE
PUBLIC HEARING CONTINUED TO THE DECEMBER 7, 2010 CITY
COUNCIL MEETING.
J. Ordinance No. 480 -549B (ZA10 -054), 2nd Reading, Zoning Change and
Site 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. THE APPLICANT
HAS REQUESTED TO TABLE THIS ITEM AND TO CONTINUE THE
PUBLIC HEARING TO THE DECEMBER 7, 2010 CITY COUNCIL
MEETING. (This is the first time this item will be tabled.)
K. Ordinance No. 480 -598 (ZA10 -039), 2 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 District. SPIN
Neighborhood #9. THE APPLICANT HAS REQUESTED TO TABLE
THIS ITEM AND CONTINUE THE PUBLIC HEARING TO THE
DECEMBER 7, 2010 CITY COUNCIL MEETING. (This is the sixth time
this item will be tabled.)
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
& 2, Block A, Milner Addition. Current Zoning: AG Agricultural District.
SPIN Neighborhood #7. THIS ITEM IS ADMINISTRATIVELY TABLED
AND THE PUBLIC HEARING CONTINUED TO THE DECEMBER 7,
2010 CITY COUNCIL MEETING.
City of Southlake values:
Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork
•
City of Southlake
City Council meeting agenda
November 16, 2010
Page 4 of 7
M. GAS -10 -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 & 2, Block A, Milner Addition.
Current Zoning: AG Agricultural District. SPIN Neighborhood #7. THIS
ITEM IS ADMINISTRATIVELY TABLED PENDING CITY COUNCIL
ACTION ON THE RELATED SPECIFIC USE PERMIT (Resolution No.
10 -057 — GAS 10 -004) AND A PUBLIC HEARING AND ACTION DATE
WILL BE SET AT THE TIME THE RELATED SPECIFIC USE PERMIT
ITEM IS CONSIDERED BY CITY COUNCIL.
N. GAS -10 -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 & 2, Block A, Milner Addition.
Current Zoning: AG Agricultural District. SPIN Neighborhood #7. THIS
ITEM IS ADMINISTRATIVELY TABLED PENDING CITY COUNCIL
ACTION ON THE RELATED SPECIFIC USE PERMIT (Resolution No.
10 -057 — GAS 10 -004) AND A PUBLIC HEARING AND ACTION DATE
WILL BE SET AT THE TIME THE RELATED SPECIFIC USE PERMIT
ITEM IS CONSIDERED BY CITY COUNCIL.
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. This item was intentionally left blank.
B. Resolution No. 10 -058 (ZA10 -061) Specific Use Permit for a Mass
Gathering for the Green Day Event on property being described as Blocks
7 and 8, Southlake Town Square Addition, and being located at Rustin
Park, 1400 Fountain Place and 1400 East Southlake Boulevard. Current
Zoning: DT Downtown District. SPIN Neighborhood #8. PUBLIC
HEARING
C. Approve a Community Events Participation Agreement with GreenFellows,
Inc. for the 2011 Southlake Green Day event.
D. ZA10 -062, Site Plan for a fence along East Southlake Boulevard for
White's Chapel United Methodist Church on property being described as
Lot 1R, Block 1, White Chapel Methodist Church Addition, and being
City of Southlake values:
Integrity ♦ Innovation • Accountability ♦ Commitment to Excellence • Teamwork
City of Southlake
City Council meeting agenda
November 16, 2010
Page 5 of 7
located at 185 South White Chapel Boulevard. Current Zoning: CS
Community Service District. SPIN Neighborhood #9. PUBLIC HEARING
E. MSP10 -005, Master Sign Plan for White's Chapel United Methodist
Church located at 185 South White Chapel Boulevard.
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. SV10 -025, Variance to Sign Ordinance No. 704, as amended, for
Watermere located at 2807 West Southlake Boulevard.
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, November 12, 2010 by 6:00 p.m.,
pursuant to the Texas Government Code, Chapter,,55T.,
City Secretary oePuly Seriettapy � `� '• • °
®° • •sax • • ••
If you plan to attend this public meeting and have a disalirl1t°y°t11`at 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
November 16, 2010
Page 6of7
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 16, 2010
Page7of7
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