2010-12-07 CITY O F
SOUTHLAKE
TEXAS
REGULAR CITY COUNCIL MEETING: DECEMBER 7, 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: David Whitington, Chaplain of the Month
3. FY 2011 Project Priorities:
A. Pathways Construction Priority List
B. Wayfinding Signage Priority List
C. Beautification of Public Areas Project Priority List
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: 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(0, 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.
c. Seek advice of the city attorney regarding a recreational
services contract.
2. Section 551.072: Deliberation regarding real property
a. Discuss the potential purchase or lease of real property for
city facilities and projects.
City of Southlake values:
Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork
City of Southlake
City Council meeting agenda
December 7, 2010
Page 2 of 7
3. Section 551.074: Deliberation regarding personnel matters
a. Deliberate the appointment of the City Secretary position.
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
C. Parks and Recreation 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 November 16, 2010 regular City Council
meeting and from the November 29, 2010 special City Council meeting.
B. Cancel or reschedule the December 21, 2010 City Council meeting.
C. Approve an Interlocal Agreement for engineering design of the F.M. 1938
Phase II Roadway Improvement Project with Tarrant County.
D. Approve an Interlocal Agreement for engineering and landscape design
for the F.M. 1938 Phase II Roadway Improvement Project with the City of
Keller.
E. Approve a renewal contract with Crowley Sports Officials for sports
officiating and scorekeeping services in the amount of $100,130.
F. Resolution No. 10 -060, Appoint members to the Audit and Finance
Committee.
G. Ordinance No. 993, 1 Reading, Amend Chapter 11, Offenses and
Miscellaneous Provisions of the City Code of Ordinances, as amended, by
adding Article V, prohibiting the possession, purchase, sale and ingestion
City of Southlake values:
Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork
City of Southlake
City Council meeting agenda
December 7, 2010
Page 3 of 7
of certain drugs. (If this item is approved on 1 Reading, a public hearing
will be held on December 21, 2010.)
H. Approve renewal of Tennis Center Management Agreement with Stephen
and Mia Poorman, dba Roxy Tennis, L.L.C., for one year.
I. 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 Office Zoning District.
Requested Zoning: S -P -2 Generalized Site Plan District. SPIN
Neighborhood #9. THIS ITEM IS ADMINISTRATIVELY TABLED AND
THE PUBLIC HEARING CONTINUED TO THE JANUARY 4, 2011 CITY
COUNCIL MEETING. (This is the seventh time this item will be tabled.)
J. Ordinance No. 480 -BBBB, 2 Reading, An amendment to the
Comprehensive Zoning Ordinance No. 480, as amended, as it pertains to
termination or amortization of non - conforming uses. THIS ITEM IS
ADMINISTRATIVELY TABLED AND THE PUBLIC HEARING
CONTINUED TO THE DECEMBER 21, 2010 CITY COUNCIL MEETING.
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. 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. PUBLIC HEARING
B. 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. PUBLIC HEARING
City of Southlake values:
Integrity • Innovation ♦ Accountability • Commitment to Excellence ♦ Teamwork
City of Southlake
City Council meeting agenda
December 7, 2010
Page 4 of 7
C. ZA10 -047, Preliminary Plat 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.
D. ZA10 -057, Site Plan for Lot 3, Carroll - Greenway Addition, being located at
1281 East State Highway 114. Current Zoning: C3 General Commercial.
SPIN Neighborhood #8. PUBLIC HEARING
E. Ordinance No. 992, 2nd 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. PUBLIC HEARING
F. 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
and 2, Block A, Milner Addition. Current Zoning: AG Agricultural District.
SPIN Neighborhood #7. PUBLIC HEARING
G. GAS10 -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 and 2, Block A, Milner Addition.
Current Zoning: AG Agricultural District. SPIN Neighborhood #7. THIS
ITEM IS RELATED TO THE SPECIFIC USE PERMIT (Resolution No.
10 -057 — GAS10 -004).
H. GAS10 -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 and 2, Block A, Milner Addition.
Current Zoning: AG Agricultural District. SPIN Neighborhood #7. THIS
ITEM IS RELATED TO THE SPECIFIC USE PERMIT (Resolution No.
10 -057 — GAS10 -004).
I. Variance to Noise Ordinance No. 778, as amended, for Energy Transfer
to install a pipeline for the transportation of natural gas along the State
Highway SH -114 corridor. THIS ITEM IS RELATED TO THE SPECIFIC
USE PERMIT (Resolution No. 10 -057 — GAS10 -004).
City of Southlake values:
Integrity • Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork
City of Southlake
City Council meeting agenda
December 7, 2010
Page 5 of 7
7. Ordinances, first readings, and related items: (There are no items on this
agenda.)
8. Resolutions:
A. Resolution No. 10 -061, Establish the City of Southlake's Legislative
Agenda for the 82 Texas Legislative Session.
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, December 3, 2010 by 6:00 p.m.,
pursuant to the Texas Government Code, Chapter 551.
p
Lori Payne, T C
City Secretary
If you plan to attend this pubfd'meetdng'and 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
December 7, 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. 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
December 7, 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