2011-08-16 CITY OF
SOUTHLAKE
TEXAS
REGULAR CITY COUNCIL MEETING: AUGUST 16, 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: Zack Polyak, Chaplain of the Month.
3. Water System Status Update
4. Ordinance No. 880 -B - Revisions to Chapter 9.5 of the City of Southlake's City
Code
article IV - Gas and Oil Well Drilling and Production
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(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 recent 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.
e. Seek the advice of the city attorney regarding boards and
commissions.
City of Southlake values:
Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork
City of Southlake
City Council meeting agenda
August 16, 2011
Page 2 of 7
f. Seek the advice of the city attorney regarding CISD and City
ordinances.
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 appointments of city board and commission
members.
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
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 June 27 -28, 2011 City Council June Retreat
and the August 2, 2011 regular City Council meeting.
B. Approve the purchase of right of way and easements for Woodland
Heights Connector improvements from property at 2121 East Southlake
Boulevard in the amount of $74,085.
C. Ordnance No. 1011, 1 Reading, Approving a negotiated resolution
between the Atmos cities steering committee ( "ACSC" or "Steering
Committee ") and Atmos Energy Corp., Mid -Tex Division ( "Atmos MID -
TEX" or "company ") regarding the company's fourth annual rate review
mechanism ( "RRM ") filing in all cities exercising original jurisdiction;
declaring existing rates to be unreasonable; adopting tariffs that reflect
rate adjustments consistent with the negotiated settlement and finding the
rates to be set by the attached tariffs to be just and reasonable; requiring
the company to reimburse cities' reasonable ratemaking expenses;
City of Southlake values:
Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork
City of Southlake
City Council meeting agenda
August 16, 2011
Page 3 of 7
repealing conflicting resolutions or ordinances; determining that this
ordinance was passed in accordance with the requirements of the Texas
open meetings act; adopting a savings clauses; declaring an effective
date; and requiring delivery of this ordinance to the company and the
steering committee's legal counsel. (If approved at 1st Reading, the
Public Hearing for this item will be held on September 6, 2011.)
D. Approve the purchase of right of way and easements for Woodland
Heights Connector improvements from property at 205 Westwood Drive in
the amount of $110,715.
E. Resolution No. 11 -040, Appointment of Planning & Zoning Commissioners
to the Southlake 2030 Mobility Plan Committee and the Southlake 2030
Water, Wastewater, and Stormwater Master Plan Committee.
F. Ordinance No. 1013, 1 Reading, An ordinance amending Chapter 2 ,
Article X, Section 2 -421 of the City of Southlake Code to provide the
Director of Planning and Development Services or his or her designees
with the power to issue citations for violation of the city code. (If approved
at 1st Reading, the Public Hearing for this item will be held on September
6, 2011.)
G. Ordinance No. 480 -439, (ZA11 -027), 2 Reading, Zoning Change and
Site Plan /Concept Plan for Cornerstone Business Park on property
described as Lot 1R, 2R1 R, 3R, 5R1 and 4R, Block 5, Cornerstone
Business Park, Southlake, Tarrant County, Texas and being located at
305, 405, 415, 505 and 515 South Nolen Drive, Southlake, Texas. Current
Zoning: S -P -2 — General Site Plan District with 11 — Light Industrial Uses.
Requested Zoning: S -P -2 — General Site Plan District with 11 — Light
Industrial Uses. SPIN Neighborhood #8. THIS ITEM WAS PUBLISHED
FOR A PUBLIC HEARING ON AUGUST 16, 2011. THE ITEM HAS
BEEN ADMINISTRATIVELY TABLED INDEFINITELY.
H. Ordinance No. 480 -497a (ZA11 -025), 2 Reading, Zoning Change and
Site Plan for Kimball Crossing on property described as Lots 1 and 2,
Block 1, Ethan Allen 1709 Addition, Southlake, Tarrant County, Texas and
a portion of Tract 1B2, John A. Freeman Survey, Abstract No. 529 and
being located at 2171, 2175 and 2185 East Southlake Boulevard,
Southlake, Texas. Current Zoning: S -P -1 - Detailed Site Plan District and
B1 - Business Service Park District. Requested Zoning: S -P -1 - Detailed
Site Plan District. SPIN Neighborhood #8. THE APPLICANT HAS
REQUESTED TO TABLE THIS ITEM AND THE PUBLIC HEARING TO
THE SEPTEMBER 6, 2011 CITY COUNCIL MEETING.
City of Southlake values:
Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork
City of Southlake
City Council meeting agenda
August 16, 2011
Page 4 of 7
I. ZA10 -026, Plat Revision for Lot 1, Block 1, Kimball Crossing being a
revision of property described as Lots 1 and 2, Block 1, Ethan Allen 1709
Addition, Southlake, Tarrant County, Texas and a portion of Tract 1 B2,
John A. Freeman Survey, Abstract No. 529 and being located at 2175 and
2185 East Southlake Boulevard, Southlake, Texas. Current Zoning: S -P -1
- Detailed Site Plan District and B1 - Business Service Park District.
Proposed Zoning: S -P -1 - Detailed Site Plan District. SPIN Neighborhood
# 8. THE APPLICANT HAS REQUESTED TO TABLE THIS ITEM AND
THE PUBLIC HEARING TO THE SEPTEMBER 6, 2011 CITY COUNCIL
MEETING.
J. Ordinance No. 480 -605 (ZA10 -067), 1 Reading, Zoning Change and Site
Plan for Watermere Medical Plaza on property described as Lot 1, Block
1, Slayton Addition, Southlake, Tarrant County, Texas and being located
at 2813 West Southlake Boulevard, Southlake, Texas. Current Zoning:
SF -1A — Single Family Residential District. Requested Zoning: 01 — Office
District. SPIN Neighborhood #11. City Council tabled this item at their
August 2, 2011 meeting. THE APPLICANT HAS REQUESTED TO
TABLE THIS ITEM AND THE PUBLIC HEARING TO THE SEPTEMBER
6, 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 -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. PUBLIC HEARING
B. ZA11 -031, Site Plan for Dunkin' Donuts on property described as Lot 3R2,
Block 1, Southlake Crossing Phase I, Southlake, Tarrant County, Texas
and being located at 2255 West Southlake Boulevard, Southlake, Texas.
Current Zoning: C -3 - General Commercial District. SPIN Neighborhood #
10. PUBLIC HEARING
7. Ordinances, first readings, and related items:
City of Southlake values:
Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence • Teamwork
City of Southlake
City Council meeting agenda
August 16, 2011
Page 5 of 7
A. Ordinance No. 1009, 1 Reading, Approve Carroll /1709 Small Area Plan,
a component of the Southlake 2030 Land Use Plan. (If approved at 1st
Reading, the Public Hearing for this item will be held on September 6,
2011.)
B. Ordinance No. 1010, 1 Reading, Approve Crooked /Kimball Small Area
Plan, a component of the Southlake 2030 Land Use Plan. (If approved at
1st Reading, the Public Hearing for this item will be held on September 6,
2011.)
8. Resolutions:
A. Resolution No. 11 -038, Appoint members to the Zoning Board of
Adjustment.
9. Other items for consideration:
A. SV11 -011, Variance to Sign Ordinance No. 704 as amended for Chapel
Hill Office Park located at 211 -281 East Southlake Boulevard, Southlake,
Texas.
B. Approve the purchase of right of way for FM1938 Phase 2 from the
property at 1202 Randol Mill Avenue in the amount of $219,778.
10. Other items for discussion:
A. FY2012 Proposed Budget — Strategic Investments
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, August 12, 2011 by 6:00 p.m.,
pursuant to the Texas Government Code, Chapter 551.
the • eN a0 • •
Tara Brooks AN ;
Deputy City Secretary J\
'•. •••....•
If you plan to attend this i b,lic irtir4eig 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
August 16, 2011
Page6of7
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.
6. Todd Tracy, et al. vs. City of Southlake. May 2011.
Section 551.072: Deliberation regardinq 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 regardinq 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 regardinq 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
August 16, 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