2011-06-07 V j CITY OF
SOUTHLAKE
TEXAS
REGULAR CITY COUNCIL MEETING: JUNE 7, 2011
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. Recognize Dick McCauley for receiving the United Way Area Agency on Aging
2011 Award for Outstanding Older American.
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 the advice of the city attorney regarding legal issues
related to proposed legislation.
b. Seek the advice of the city attorney regarding gas drilling
and production and gas utility companies.
c. Seek the advice of the city attorney regarding pending XTO
and Energy Transfer Specific Use Permit, Gas Well Permit
and Pipeline Permit applications.
d. Seek the advice of the city attorney regarding pending
litigation.
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
June 7, 2011
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. Recognize Southlake4Japan Committee
B. City Manager's 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 May 10, 2011 City Council meeting; the
May 17, 2011 City Council meeting and the May 24, 2011 Special City
Council meeting.
B. Resolution No. 11 -028, Appoint a Mayor Pro Tem and Deputy Mayor Pro
Tem.
C. Cancel or reschedule the July 5 and July 19, 2011 City Council meetings.
D. Approve an annual agreement for providing odor control treatment at lift
stations with Premier Chemicals, LLC in the amount of $87,600.
E. Approve the purchase of right of way and easements for Kimball Avenue
improvements from the property of 1030 North Kimball Avenue, 2149 East
Highland Street and 1440 North Kimball Avenue.
F. Resolution No. 11 -029, Authorize the city attorney to bring condemnation
action for the purpose of obtaining street right of way and easements for
construction and maintenance of North Kimball Avenue located in the
G. Approve a contract with Weatherproofing Technologies for waterproofing
the exterior of Town Hall in the amount of $142,786.56.
H. Approve a contract with Millican Well Service for the drilling and
installation of a water well at Bob Jones Park in the amount of $99,230.
City of Southlake values:
Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork
City of Southlake
City Council meeting agenda
June 7, 2011
Page 3 of 7
I. Approve a permit for the Bob Jones Nature Center Organization to allow
the public display of the 2011 BJNCP Photo Contest photos in the Town
Hall lobby.
J. Ordinance No. 1007, 1 Reading, Approving a negotiated resolution
between the Steering Committee of Cities served by Oncor and Oncor
Electric Delivery Company, LLC regarding the company's application to
increase electric rates. (If approved on first reading, the second reading
will be held on June 21, 2011.)
K. Ordinance No. 1006, 1 Reading, appoint a Municipal Judge and
authorize the Mayor to execute an agreement with the Municipal Judge
and provide an effective date. (If approved on first reading, the second
reading will be held on June 21, 2011.)
L. This item was intentionally left blank.
M. SV11 -009, Variance to Sign Ordinance No. 704, as amended, for Ashton
Woods — Estancia at Southlake temporary development sign located at
2240 Cotswold Valley Court.
N. Ordinance 480 -GGGG, 2nd Reading, being an amendment to Zoning
Ordinance No. 480, as amended, as it pertains to personal care facilities,
including nursing and care homes. THIS ITEM IS ADMINISTRATIVELY
TABLED TO THE JUNE 21, 2011 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 -338c (ZA11 -007), 2nd Reading, Zoning Change and
Site Plan for improvements to Carroll Independent School District Senior
High School on property located at 1501 West Southlake Boulevard, being
described as Lot 1, Block 1, Carroll Senior High School Addition, and
being approximately 55.033 acres. Current Zoning: "S -P -1" Detailed Site
Plan District. Requested Zoning: "S -P -1" Detailed Site Plan District. SPIN
Neighborhood #10. (The second reading of this item was tabled on
City of Southlake values:
Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork
City of Southlake
City Council meeting agenda
June 7,2011
Page 4 of 7
April 5, 2011; April 19, 2011; May 3, 2011; and May 17, 2011.) PUBLIC
HEARING
B. Consider a variance to Lighting Ordinance No. 693 -B to permit light -
emitting -diode (L.E.D.) lighting at all Carroll Independent School District
campuses and facility locations. (This item was tabled on April 5, 2011;
April 19, 2011; May 3, 2011; and May 17, 2011.)
C. Ordinance No. 480 -604 (ZA11 -014), 2 Reading, Zoning Change and
Concept Plan for the Ahmed Residence on property being described as
Lot 4 -B, Block A, White Chapel Place Addition and being located at 841
South White Chapel Boulevard. Current Zoning: "RE" Single Family
Residential Zoning District. Requested Zoning: "SF -2" Single Family
Residential Zoning District. SPIN Neighborhood #9. PUBLIC HEARING
D. Resolution No. 11 -027 (ZA11 -021), Specific Use Permit for a Solar Energy
System on property being described as Lot 10, Block 5, Southview Phase
II, and being located at 900 Ownby Lane. Current Zoning: "SF -20A"
Single- Family Residential Zoning District. SPIN Neighborhood #7.
PUBLIC HEARING
E. Ordinance No. 480 -FFFF, 2 Reading, being an amendment to Zoning
Ordinance No. 480, as amended, as it pertains to open space
management plans. PUBLIC HEARING
7. Ordinances, first readings, and related items:
A. Ordinance No. 1002, 1 Reading, Bob Jones Nature Center and Preserve
Master Plan, a component of the Southlake 2030 Parks, Recreation and
Open Space Plan. (If approved on first reading, the second reading will be
held on June 21, 2011.)
B. Ordinance No. 480 -476b (ZA11 -017), 1 Reading, Zoning Change and
Concept Plan for Watermere at Southlake being described as a portion of
Tract 4D, Jesse G. Allen Survey, Abstract No. 18 and Lots 1 -4, Block 1
and Lots 2 -3, Block 2, Watermere at Southlake Addition and being
currently addressed as 101, 200, 300, and 301 Watermere Drive; 2801
and 2807 West Southlake Boulevard; and 2261 Union Church Road.
Current Zoning: "S -P -2" Generalized Site Plan Zoning District.
Requested Zoning: "S -P -2" Generalized Site Plan Zoning District. SPIN
Neighborhood #11. (If approved on first reading, the second reading will
be held on June 21, 2011.)
8. Resolutions:
City of Southlake values:
Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork
la Novio
City of Southlake
City Council meeting agenda
June 7, 2011
Page5of7
A. Resolution No. 11 -030, appoint members to the various Southlake 2030
Plan Element committees.
B. Resolution No. 11 -029, a resolution on reducing Barnett Shale volatile
organic compounds (VOCs) to comply with the rate of further progress
requirements in the proposed 2011 DFW State Implementation Plan for
Ozone.
9. Other items for consideration:
A. Consider SV11 -010, Variance to Sign Ordinance No. 704, as amended,
for Pediatric Eye Specialist located at 105 River Oaks Drive.
B. Consider MSP11 -002, Master Sign Plan for the Shops of Southlake, being
a revision of the Conditional Sign Permit for the Shops of Southlake.
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, June 3, 2011 by 6:00 p.m.,
pursuant to the Texas Governme ' „ 9de, Chapter 551.
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Alicia Richardson, TRMC S� is 4
City Secretary '`'•- �''*•a...••'" 4
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If you plan to attend this public meeting 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
I It
City of Southlake
City Council meeting agenda
June 7, 2011
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.
5. Cause No. 153 - 252281 -11; Southlake Taxpayers Against Neighborhood Drilling
(STAND) vs. City of Southlake et al.
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
June 7, 2011
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