2009-11-03
U 0 CITY OF
SOUTH LADE
TEXAS
REGULAR CITY COUNCIL MEETING: NOVEMBER 3, 2009
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. Discuss proposed revisions to the Town Hall Use Policy
4. Update on Kirkwood-Carroll Connector and Highland Avenue connection
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: 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 Citv 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.
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. Veteran's Day proclamation
City of Southlake values:
Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork
City of Southlake
City Council meeting agenda
November 3, 2009
Page 2 of 6
B. City Manager's Report
C. Library Board Report
D. Arts Council 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 October 20, 2009 regular City Council meeting.
B. Approve Change Order No. 2 for civil engineering modifications to the
existing construction contract for the Wholesale Meter Station
Improvements with Legacy Contracting, LP in the amount of $60,369 and
amend the project budget.
C. Award construction contract for the Neighborhood Sanitary Sewer, Water
and Paving Improvements to North Texas Contracting, Inc. in the amount
of $3,748,737.54 and authorize construction phase contingencies.
D. Approve a Plat Extension request for ZA06-030, Preliminary Plat for
Saddleback Ridge Estates, located at 330 through 360 West Bob Jones
Road. Current Zoning: SF-1A Single Family Residential District. SPIN
Neighborhood #1.
E. Approve a Plat Extension request for ZA06-185, Final Plat for Saddleback
Ridge Estates located at 330 through 360 West Bob Jones Road and
4640 North White Chapel Boulevard. Current Zoning: SF-1A Single Family
Residential District. SPIN Neighborhood #1.
F. Approve lighting upgrade for West Parking Garage through Facility
Solutions Group in the amount of $107,178.85.
G. Approve the tabling of a Commercial Developer Agreement for
construction of a middle school on Kirkwood Boulevard at Blessed Way
with Carroll Independent School District.
H. Resolution No. 09-068, (ZA09-043), Specific Use Permit for Southlake
Green Day Event (Mass Gathering) on property being described as Lot
1 R, Block 3; Lot 5R, Block 4; and Blocks 7 and 8, Southlake Town Square
and being located at 140 State Street, 141 Grand Avenue, 1400 Fountain
Place, and 1400 East Southlake Boulevard. Current Zoning: DT -
City of Southlake values:
Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork
City of Southlake
City Council meeting agenda
November 3, 2009
Page 3 of 6
Downtown District. SPIN Neighborhood #8. THIS ITEM HAS BEEN
TABLED TO THE DECEMBER 1, 2009 CITY COUNCIL MEETING.
REGULAR AGENDA:
5. Public Forum. (The Public Forum will not begin prior to 7:00 p.m.)
A. Introduction of Robert Earley, new President and CEO of John Peter
Smith Hospital.
6. Ordinances, second readings, public hearings, and related items:
A. Resolution No. 09-065, (ZA09-042), Specific Use Permit for an accessory
building for Koch Pipeline on property being described as Lot 2, Block 1,
Fina Addition and being located at 2350 State Highway 26 (Ira E. Woods
Avenue). Current Zoning: 12 Heavy Industrial District. SPIN Neighborhood
#8. PUBLIC HEARING
B. Ordinance No. 480-542a, (ZA09-046), 2nd Reading, Zoning Change and
Site Plan for Southlake Villa Offices on property being described as Tract
3, W.W. Hall Survey, Abstract No. 687 and being located at 310 East
Southlake Boulevard. Current Zoning: S-P-1 Site Plan Zoning District.
Proposed Zoning: S-P-1 Site Plan Zoning District. SPIN Neighborhood #7.
PUBLIC HEARING
C. Approve a Plat Extension request for ZA08-015, Plat Showing for Lots 3-6,
W.W. Hall No. 687 Addition (Southlake Villa Offices), located at 310 East
Southlake Boulevard. Current Zoning: S-P-1 Detailed Site Plan District.
SPIN Neighborhood #7.
D. Resolution No. 09-069, (ZA09-052), Specific Use Permit for promotional
sales from kiosks for Southlake Town Square "Ride & Drive" automobile
promotional events on property being located at Southlake Town Square.
Current Zoning: DT - Downtown District. SPIN Neighborhood #8.
PUBLIC HEARING
7. Ordinances, first readings, and related items:
A. Ordinance No. 960, 1St Reading, Southlake 2030 Plan - Vision, Goals &
Objectives. (If approved at first reading, the public hearing will be held
November 17, 2009.)
8. Resolutions:
City of Southlake values:
Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork
City of Southlake
City Council meeting agenda
November 3, 2009
Page 4 of 6
A. Resolution No. 08-050A, Adopt a revised policy which establishes an
economic incentive program encouraging connection in a timely manner to
the city's waste water system that has been constructed via the
neighborhood sewer program and/or a developer constructed project and
providing for an effective date.
9. Other items for consideration:
A. Consider SV09-019, Variance to Southlake Town Square Grand Avenue
District Conditional Sign Permit for Metropark located at 252 Grand
Avenue, Building GA-2.
B. Approve termination of professional services contract with Graham
Associates, Inc. for the design of F.M. 1938, Precinct Line Road, from
State Highway 114 to West Southlake Boulevard and intersection
improvements for F.M. 1938 and 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, October 30, 2009, by 6:00 p.m.,
pursuant to the Texas GovernTent,Code, Chapter 551.
C, U c a
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Lori Payne, T C
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City Secretary
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If you plan to attend this publi~'rr~ •~Yid 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
November 3, 2009
Page 5 of 6
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
November 3, 2009
Page 6 of 6
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