2009-11-17
CITY OF
SOUTH LAKE
TEXAS
REGULAR CITY COUNCIL MEETING: NOVEMBER 17, 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. Southlake 2030 Plan - Carroll Independent School District student's
recommendations
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 551.071: Consultation with attorney
a. Seek attorney consultation regarding gas drilling and
production and gas utility companies.
2. Section 551.072: Deliberation regarding real property
a. Discuss the potential purchase or lease of real property for
city facilities.
3. Section 551.087: Deliberation regarding economic
development negotiations
a. Economic incentives for businesses.
B. Reconvene: Action necessary on items discussed in Executive Session.
City of Southlake values:
Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork
City of Southlake
City Council meeting agenda
November 17, 2009
Page 2 of 6
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 minutes from the November 3, 2009 regular City Council
meeting.
B. Approve artist concept of the mural for the new DPS Headquarters.
C. This item was intentionally left blank.
D. Resolution No. 09-070, Authorize the filing of a project application with the
State Energy Conservation Office for an Energy Efficiency Conservation
Block Grant.
E. Approve Amendment No. 1 to a Professional Services Agreement for
engineering design of the Kirkwood - Carroll Connector to Kimley Horn &
Associates, Inc. in the amount of $155,050.
F. 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. THIS ITEM IS ADMINISTRATIVELY TABLED UNTIL THE
DECEMBER 1, 2009 CITY COUNCIL MEETING.
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. Ordinance No. 960, 2nd Reading, Southlake 2030 Plan - Vision, Goals &
Objectives. PUBLIC HEARING
City of Southlake values:
Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork
City of Southlake
City Council meeting agenda
November 17, 2009
Page 3 of 6
C. Resolution No. 09-072 (ZA09-044) Specific Use Permit for the co-location
of antennas and ancillary structures on an existing telecommunications
tower on property being legally described as Lot 1, Block A, Oien Addition
and being located at 3700 North White Chapel Boulevard. Current Zoning:
CS Community Service District. SPIN Neighborhood #1. PUBLIC
HEARING
D. Resolution No. 09-073 (ZA09-047) Specific Use Permit for White's Chapel
Children's Christmas Festival on property being described as Lot 1R,
Block 1, White Chapel Methodist Church Addition and being located at
185 South White Chapel Boulevard. Current Zoning: CS Community
Service District. SPIN Neighborhood #9. PUBLIC HEARING
7. Ordinances, first readings, and related items:
A. Ordinance No. 965, 1St reading, Amend certain Texas Municipal
Retirement System (TMRS) benefits for employees and retirees. (If this
item is approved, the public hearing will be held at the December 1, 2009
City Council meeting.)
8. Resolutions:
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 a Commercial Developer Agreement for construction of a middle
school on Kirkwood Boulevard at Blessed Way with Carroll Independent
School District.
B. Consider SV09-020, Variance to Sign Ordinance No. 704, as amended,
for Branch Banking & Trust Co. located at 270 North Kimball Avenue.
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 17, 2009
Page 4 of 6
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 13, 2009, by 6:00 p.m.,
pursuant to the Texas Government Code, Chapter 551.
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Lori Payne, TRM a!?
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City Secretary
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If you plan to attend this public mpetittg--9ric1•hWe a disability that requires special needs, please
advise the City Secretary's Offieer,, t„AIOYs 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 17, 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 17, 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