2011-06-21 CITY OF
SOUTHLAKE
TEXAS
REGULAR CITY COUNCIL MEETING: JUNE 21, 2011
LOCATION: 1400 Main Street, Southlake, Texas 76092
Council Chambers in Town Hall
WORK SESSION: 5:00 P.M.
1. Call to order.
2. Invocation: Clayton Reed, Chaplain of the Month
3. Staff presentation and progress report regarding revisions to City of Southlake
gas drilling and pipeline regulations
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(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 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.
e. Seek the advice of the city attorney regarding the 1996
Telecommunications Act of 1996- DAS Systems.
2. Section 551.072: Deliberation regarding real property
City of Southlake values:
Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork
City of Southlake
City Council meeting agenda
June 21, 2011
Page 2 of 8
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 regardinq 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 7, 2011 City Council meeting.
B. Approve a professional services contract with Schrickel, Rollins and
Associates, Inc., for the design and engineering of Bicentennial Park
Phase 2 in the amount of $1,234,000.
C. Approve a construction contract for a 20 inch water line along State
Highway 114 from North White Chapel Boulevard to Southlake Town
Square with Wilson Contractor Services, LLC in the amount of
$1,731,720.30.
D. Item left intentionally blank
E. Approve the annual interlocal agreement with Tarrant County to provide
tax collection and assessment services for ad valorem taxes levied by the
City of Southlake for tax year 2011.
F. ZA11 -008, Preliminary Plat for Chelsea Park on property described as
Tract 1 B02, W. W. Hall Survey, Abstract No. 687 and Lot 1 R2, Block 1,
Southlake Assembly of God Addition and being located at 411 and 151
City of Southlake values:
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City Council meeting agenda
June 21, 2011
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East Highland Street. Current Zoning: "R -PUD" Residential Planned Unit
Development. SPIN Neighborhood #7.
G. ZA11 -023, Plat Revision for Chelsea Park being a revision of property
described as Tract 1 B02, W. W. Hall Survey, Abstract No. 687 and Lot
1 R2, Block 1, Southlake Assembly of God Addition and being located at
411 and 151 East Highland Street. Current Zoning: "R -PUD" Residential
Planned Unit Development District. SPIN Neighborhood #7.
H. Approve absences for a Planning and Zoning Commissioner.
Resolution No. 11 -034, An extension of the moratorium on the acceptance
or processing of applications for gas well drilling permits and their
associated requests in the City of Southlake for an additional 180 days to
allow continued revisions to Ordinance No. 880 -A.
J. Ordinance No. 733 -B, 1 Reading, approve a speed limit ordinance,
amending Section 18 -80 of the Southlake City Code, revising the location
of school crossing zones. (If approved at 1 Reading, the Public Hearing
for this item will be held on August 2, 2011.)
K. Ordinance No. 1008, 1 Reading, Approve a speed limit ordinance,
amending Chapter 18, Section 18 -79 of the Southlake City Code,
establishing a new speed limit on portions of East Kirkwood Boulevard
and Blessed Way. (If approved at 1 Reading, the Public Hearing for this
item will be held on August 2, 2011.)
L. Resolution No. 11- 029(1), 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 Francis Throop Survey, Abstract No. 1511 at 1470 North
Kimball Avenue.
M. ZA10 -058, Concept Plan for Village Center, Phase I on property being
described as Lot 3, Block 1, Village Center, Phase I and being currently
addressed as 2110 and 2140 East Southlake Boulevard. Current Zoning:
"C -3" General Commercial District. SPIN Neighborhood #8. The purpose
of the Concept Plan is to create a separate lot for the Kroger store. (The
Planning & Zoning Commission has tabled this item until July 21,
2011. City Council is scheduled to take action on this item at their
August 2, 2011 meeting and a public hearing for this item will take
place at that time.)
N. ZA10 -059, Plat Revision for Lots 3R1 and 3R2, Block 1, Village Center,
Phase I being a revision of Lot 3, Block 1, Village Center, Phase I and
City of Southlake values:
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City Council meeting agenda
June 21, 2011
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being currently addressed as 2110 and 2140 East Southlake Boulevard.
Current Zoning: "C -3" General Commercial District. SPIN Neighborhood
#8. (The Planning & Zoning Commission has tabled this item until
July 21, 2011. City Council is scheduled to take action on this item at
their August 2, 2011 meeting.)
0. Resolution No. 11 -031 (ZA11 -016), Specific Use Permit for a
Telecommunications Tower on property described as Tract 1G, H.
Granberry Survey, Abstract No. 581 and being located at 620 South White
Chapel Boulevard. Current Zoning: "AG" Agricultural District. SPIN
Neighborhood #10. (The applicant has requested to table this item
with the Planning & Zoning Commission to September 8, 201 t City
Council is scheduled to take action on this item at their September
20, 2011 meeting and a public hearing for this item will take place at
that time.)
P. Ordinance No. 480 -GGGG, 2 Reading, being an amendment to Zoning
Ordinance No. 480, as amended, as it pertains to personal care facilities,
including nursing and care homes. THE PUBLIC HEARING FOR THIS
ITEM IS ADMINISTRATIVELY TABLED TO THE AUGUST 2, 2011 CITY
COUNCIL MEETING.
Q. 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 and being located at 2813 West Southlake Boulevard.
Current Zoning: "SF -1A" Single Family Residential District. Requested
Zoning: "01" Office District. SPIN Neighborhood #11. THE APPLICANT
HAS REQUESTED TO TABLE THIS ITEM TO THE AUGUST 2, 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. 1002, 2nd Reading, Bob Jones Nature Center and
Preserve Master Plan, a component of the Southlake 2030 Parks,
Recreation and Open Space Plan. PUBLIC HEARING
City of Southlake values:
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City of Southlake
City Council meeting agenda
June 21, 2011
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B. Ordinance No. 480 -476b (ZA11 -017), 2 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. PUBLIC HEARING
C. ZA11 -018, Plat Revision for Lots 4X, 4R1 and 4R2, Watermere at
Southlake Addition being a revision of Lot 4, Block 1, Watermere at
Southlake Addition and being currently addressed as 301 Watermere
Drive. Current Zoning: "S -P -2" Generalized Site Plan District. SPIN
Neighborhood #11.
D. Ordinance No. 1007, 2 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. PUBLIC HEARING
E. Resolution No. 11 -032 (ZA11 -024), Specific Use Permit for a Mass
Gathering Event for Oktoberfest on property described as Phase I -IV,
Southlake Town Square and being located between East Southlake
Boulevard, East State Highway 114 and North Carroll Avenue. Current
Zoning: "DT" Downtown Zoning District. SPIN Neighborhood #8. PUBLIC
HEARING
F. Approve a Community Event Participation Agreement with the Southlake
Chamber of Commerce for the 2011 Oktoberfest Event.
G. Ordinance No. 1006, 2 Reading, appoint a Municipal Judge and
authorize the Mayor to execute an agreement with the Municipal Judge
1 and provide an effective date. PUBLIC HEARING
7. Ordinances, first readings, and related items:
A. Ordinance No. 480 -555a and Ordinance No. 480 -606 (ZA11 -015), 1st
Reading, Zoning Change and Concept/Development Plan for East Haven
Addition on property described as Lots 7R1, 8R1, 8R2, 20R1, 21R1, Block
1, and Lot 1R1, Block 2, East Haven Addition and being located at 1170,
1166, 1160, 1150 and 1140 Haven Circle and 1021 East Continental
Boulevard, respectively. Current Zoning: "R -PUD" Residential Planned
Unit Development District. Requested Zoning: "R -PUD" Residential
Planned Unit Development District and "SF -2" Single Family Residential
City of Southlake values:
Integrity ♦ Innovation • Accountability ♦ Commitment to Excellence • Teamwork
City of Southlake
City Council meeting agenda
June 21, 2011
Page 6 of 8
District. SPIN Neighborhood #9. (If approved at 1st Reading, the Public
Hearing for this item will be held on August 2, 2011.)
B. Ordinance No. 480 -509b (ZA11 -022), 1 Reading, Zoning Change and
Development Plan for Cotswold Valley on property described as Cotswold
Valley and being located at 2200 — 2244 Cotswold Valley Court. Current
Zoning: "R -PUD" Residential Planned Unit Development District.
Requested Zoning: "R -PUD" Residential Planned Unit Development
District. SPIN Neighborhood #4. (If approved at 1 Reading, the Public
Hearing for this item will be held on August 2, 2011.)
8. Resolutions:
A. Resolution No. 11 -035, appoint members to the Building Board of
Appeals, Joint Utilization Committee, Library Board, Parks and Recreation
Board, Planning and Zoning Commission, Senior Advisory Commission,
Southlake Business Council, Southlake Parks Development Corporation,
Southlake Program for the Involvement of Neighborhoods, Teen Court
Advisory Board, and Zoning Board of Adjustment.
9. Other items for consideration:
A. Consider MSP11 -002, Master Sign Plan for Carillon Temporary Signs.
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 17, 2011 by 6:00 p.m.,
pursuant to the Texas Government Code, Chapter 551.
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Alicia Richardson, TRMC ' u ,
City Secretary ' -9 • *Iwo�-
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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
City of Southlake
City Council meeting agenda
June 21, 2011
Page 7 of 8
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 21, 2011
Page 8 of 8
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