2011-08-02 gr CITYOF
SOUTHLAKE
T EXAS
REGULAR CITY COUNCIL MEETING: AUGUST 2, 2011
LOCATION: 1400 Main Street, Southlake, Texas 76092
Council Chambers in Town Hall
WORK SESSION: 4:30 P.M.
1. Call to order.
2. Invocation: Zack Polyak, Chaplain of the Month.
3. Discuss 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.
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 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.
f. Seek the advice of the city attorney regarding CISD and City
ordinances.
City of Southlake values:
Integrity • Innovation • Accountability • Commitment to Excellence • Teamwork
City of Southlake
City Council meeting agenda
August 2, 2011
Page2of8
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 21, 2011 City Council meeting
B. Resolution No. 11 -033, Appoint five members to serve on the Board of
Directors of the Tax Increment Reinvestment Zone Number One, City of
Southlake, Texas.
C. Resolution No. 11 -037, Appoint a Chairman and a Vice - Chairman for the
Zoning Board of Adjustment.
D. Approve a Facilities Utilization Agreement with Dragon Youth Football.
E. Approve a lease agreement with the Secretary of Army, US Army Corps of
Engineers, for 448 acres of land adjacent to Bob Jones Park.
F. Approve a lease agreement with the Secretary of Army, US Army Corps of
Engineers, for 129.7 acres of land adjacent to Bob Jones Park.
City of Southlake values:
Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence • Teamwork
City of Southlake
City Council meeting agenda
August 2, 2011
Page 3 of 8
G. Approve Change Order No. 15 with Dean Electric, Inc. in the amount of
$55,221.21 for Bicentennial Park Phase 1 and ratify Change Order Nos. 1-
14, in the amount of $230,847.06.
H. Approve a contract renewal with Aetna to provide employee medical
benefits for Plan Year October 1, 2011 to September 30, 2012.
1. Approve a renewal with United Healthcare to provide employee dental
benefits.
J. Consider SV11 -012, Variance to the Southlake Town Square Conditional
Sign Permit for Insight Equity located at 1400 Civic Place, Suite 250.
K. Approve the purchase of right of way and easements for Woodland
Heights Connector Improvements from property at 205 Westwood Drive in
the amount of $100,650.
L. Ordinance No. 480 -439b, (ZA11 -027), 1 Reading, Zoning Change and
Site /Concept Plan for Cornerstone Business Park on property described
as Lots 1 R, 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. Requested Zoning: S -P -2 — General Site Plan
District. SPIN Neighborhood #8. This item has been tabled
administratively and will be readvertised. Once it is readvertised, it
will be placed on a future agenda.
M. 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. This item is administratively tabled
to the August 16, 2011 City Council meeting.
N. Ordinance No. 1009, 1 Reading, Approve Carroll /1709 Small Area Plan,
a component of the Southlake 2030 Land Use Plan. This item is
administratively tabled to the August 16, 2011 City Council meeting.
O. Ordinance No. 1010, 1 Reading, Approve Crooked /Kimball Small Area
Plan, a component of the Southlake 2030 Land Use Plan. This item is
administratively tabled to the August 16, 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 of Southlake values:
Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork
City of Southlake
City Council meeting agenda
August 2, 2011
Page4of8
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. ZA10 -058, Concept Plan for Village Center, Phase I on property being
described as Lot 3, Block 1, Village Center, Phase I, an addition to the
City of Southlake, Tarrant County, Texas and being currently addressed
as 2110 and 2140 East Southlake Boulevard, Southlake, Texas. Current
Zoning: C -3 — General Commercial District. SPIN Neighborhood #8.
PUBLIC HEARING
B. 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, an
addition to the City of Southlake, Tarrant County, Texas and being
currently addressed as 2110 and 2140 East Southlake Boulevard,
Southlake, Texas. Current Zoning: C -3 — General Commercial District.
SPIN Neighborhood #8.
C. Ordinance No. 480 -555a and Ordinance No. 480 -606 (ZA11 -015), 2nd
Reading, Zoning Change and Concept/Development Plan for East Haven
Addition on property described as Lots 7R1, 8R1, 8R2, 20R1, and 21R1,
Block 1, and Lot 1R1, Block 2, East Haven Addition, an addition to the City
of Southlake, Tarrant County, Texas and being located at 1170, 1166,
1160, 1150 and 1140 Haven Circle and 1021 East Continental Boulevard,
Southlake, Texas, 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 District. SPIN Neighborhood #9. PUBLIC HEARING
D. Ordinance No. 480 -509b (ZA11 -022), 2 Reading, Zoning Change and
Development Plan for Cotswold Valley on property described as Cotswold
Valley, an addition to the City of Southlake, Tarrant County, Texas and
being located at 2200 - 2244 Cotswold Valley Court, Southlake, Texas.
Current Zoning R-PUD — Residential Planned Unit Development District.
Requested Zoning: R -PUD — Residential Planned Unit Development
District. SPIN Neighborhood #4. PUBLIC HEARING
E. ZA11 -035, Plat Revision for Estancia being a revision of Cotswold Valley,
an addition to the City of Southlake, Tarrant County, Texas and being
located at 2200 - 2244 Cotswold Valley Court, Southlake, Texas. Current
Zoning: R -PUD — Residential Planned Unit Development District. SPIN
Neighborhood #4.
City of Southlake values:
Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork
City of Southlake
City Council meeting agenda
August 2, 2011
Page 5 of 8
F. Ordinance No. 733 -B, 2 Reading, Approve a Speed Limit Ordinance
amending Chapter 18, Section 18 -80 of the Southlake City Code revising
the location of School Crossing Zones. PUBLIC HEARING
G. Ordinance No. 1008, 2 Reading, Approve a Speed Limit Ordinance
amending Chapter 18, Section 18 -79 of the Southlake City Code
establishing a new speed limit on a portion of East Kirkwood Boulevard.
PUBLIC HEARING
7. Ordinances, first readings, and related items:
A. 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. (If approved at first reading, a public
hearing for this item will be held on August 16, 2011.)
B. Ordinance No. 480 -497a (ZA11 -025), 1 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. (If approved at first reading,
the public hearing for this item will be held on August 16, 2011.)
C. Ordinance No. 480 -607 (previously advertised as Ordinance No. 480 -
113a), (ZA11 -029), 1 Reading, Zoning Change and Site Plan for Lot 3,
Block 1, Village Center, Phase I on property being located at 2110 and
2140 East Southlake Boulevard, Southlake, Texas. Current Zoning: C3 —
General Commercial District. Requested Zoning: S -P -1 — Detailed Site
Plan District with C3 — General Commercial District Uses. SPIN
Neighborhood 48. (If approved at first reading, the public hearing for
this item will be held on August 16, 2011.)
D. Resolution No. 11 -036 (ZA11 -030), Specific Use Permit for Lot 3, Block 1,
Village Center, Phase I for Clothes Mentor for the purpose of selling used
merchandise on property being located at 2110 and 2140 East Southlake
Boulevard, Southlake, Texas. Current Zoning: C3 — General Commercial
District. SPIN Neighborhood #8. (This is a companion item for
Ordinance 480 -113a (ZA11 -029) and is listed for presentation only.
City of Southlake values:
Integrity • Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork
City of Southlake
City Council meeting agenda
August 2, 2011
Page 6 of 8
Action on this item and the public hearing for this item is will be held
on August 16, 2011.)
8. Resolutions: (There are no items on this agenda)
9. Other items for consideration:
A. ZA11 -028, Plat Showing for Lots 8 and 9, J. Thornhill No. 1505 Addition
on property described as Tract 1G, James Thornhill Survey, Abstract No.
1505, Southlake, Tarrant County, Texas and being located at 801 South
Peytonville Avenue, Southlake, Texas. Current Zoning: SF -1A — Single
Family Residential District. SPIN Neighborhood #10.
B. Approve a market adjustment to the City of Southlake Employee
Compensation Program.
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, July 29, 2011 by 6:00 p.m.,
pursuant to the Texas GovernmeW,Q{zde, Chapter 551.
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Alicia Richardson, TRMC r ig y , .
City Secretary '`• * *•+'��'`'�
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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
August 2, 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.
6. Todd Tracy, et al. vs. City of Southlake. May 2011.
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
August 2, 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 o Southlake values:
Integrity ♦ Innovation ♦ Accountadility ♦ Commitment to Excellence ♦ Teamwork