2011-09-06 V.._ -! CITY OF
I !
SOUTHL L LAKE
K) TEXAS
REGULAR CITY COUNCIL MEETING: September 6, 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: Chris Hatchett, Chaplain of the Month.
3. Honor Guard Flag Ceremony honoring September 11 fallen heroes
4. Ordinance 880 -B - Revisions to Chapter 9.5 of the City of Southlake's City Code
Article IV - Gas and Oil Well Drilling and Production (This item will include a
public comment portion where the public will be invited to speak on proposed
ordinance revisions. This item will not begin prior to 7:00 p.m.)
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(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 subiect matter of
this City Council meeting.
1. Section 551.071: Consultation with attorney
a. Seek the advice of the city attorney regarding gas drilling
and production and gas utility companies.
b. Seek the advice of the city attorney regarding pending XTO
and Energy Transfer Specific Use Permit, Gas Well Permit
and Pipeline Permit applications.
c. Seek the advice of the city attorney regarding boards and
commissions.
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
September 6, 2011
Page 2 of 7
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
1. Southlake Arts Council written 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 August 1, 2011 Joint City Council, Southlake
Parks Development Corporation, and Parks and Recreation Board
meeting and the August 16, 2011 City Council meeting.
B. Approve a sidewalk construction escrow agreement in the amount of
$5,187.25 with Paula Vining of 1810 Sunshine Lane.
C. Approve the purchase of right of way and easements for Kimball Avenue
improvements from property at 2199 East Dove Road in the amount of
$240,000.
D. Approve a two -year contract extension with TXU Energy for a fixed rate
agreement to provide the City with electricity.
E. Ordinance No. 544 -B, 1 Reading, amending Ordinance No. 544 -A, the
City of Southlake's Landscape Ordinance. (If approved on first reading, a
public hearing for this item will be held on September 20, 2011.)
City of Southlake values:
Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork
City of Southlake
City Council meeting agenda
September 6, 2011
Page 3 of 7
F. Consider SV11 -014, Variance to the Shops of Southlake Conditional Sign
Permit for Patina Floor Design Store located at 1251 East Southlake
Boulevard, Suite 315.
G. Ordinance No. 1012, 1st Reading, F.M. 1709/F.M. 1938 Corridor Sector
Plan, an element of the Southlake 2030 Land Use Plan. (If approved on
first reading, the public hearing for this item will be held on September 20,
2011.)
H. Approve Fund Balance Policy amendment.
I. Ordinance No. 480 -605 (ZA10 -067), 1st 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. THE APPLICANT HAS REQUESTED
TO TABLE THIS ITEM UNTIL THE SEPTEMBER 20, 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 -497a (ZA11 -025), 2nd 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 1 B2, 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. PUBLIC HEARING
B. ZA11 -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
City of Southlake values:
Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork
City of Southlake
City Council meeting agenda
September 6, 2011
Page 4 of 7
- Detailed Site Plan District and B1 - Business Service Park District.
Proposed Zoning: S -P -1 - Detailed Site Plan District. SPIN Neighborhood
#8.
C. Resolution 11 -039 (ZA11 -036), Specific Use Permit for a Mass Gathering
for Gateway Church Fall Festival on property described as Lot 1, Block 1,
Gateway Church -114 Campus, Southlake, Tarrant County, Texas and
being located at 700 Blessed Way, Southlake, Texas. Current Zoning: NR-
PUD - Non - Residential Planned Unit Development. SPIN Neighborhood
#4. PUBLIC HEARING
D. Ordinance No. 1009, 2nd Reading, Carroll /1709 Small Area Plan, a
component of the Southlake 2030 Land Use Plan. PUBLIC HEARING
E. Ordinance No. 1010, 2nd Reading, Crooked /Kimball Small Area Plan, a
component of the Southlake 2030 Land Use Plan. PUBLIC HEARING
F. Ordinance No. 1011, 2nd 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;
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 clause; declaring an effective
date; and requiring delivery of this ordinance to the company and the
steering committee's legal counsel. PUBLIC HEARING
G. Ordinance No. 1013, 2nd 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. PUBLIC
HEARING
H. Adopt the Fiscal Year 2012 Crime Control and Prevention District
Operating Budget and Multi -Year Capital Improvements Plan. 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
September 6, 2011
Page5of7
A. Ordinance No. 1014, 1st Reading, Approve and adopt the Annual Budget
for the Fiscal Year 2012 and approve the revised budget figures for the
Fiscal Year 2011 and Multi -Year Capital Improvements Plan. (The public
hearing for this item will be heard on September 20, 2011.)
B. Ordinance No. 1015, 1st Reading, Tax Levy Ordinance. (The public
hearing for this item will be heard on September 20, 2011.)
8. Resolutions:
A. Resolution No. 11 -042, Appoint members to the Building Board of
Appeals, Joint Utilization Committee, Library Board, Parks and Recreation
Board, Southlake Arts Council, Southlake Parks Development
Corporation, Zoning Board of Adjustment and Southlake Program for the
Involvement of Neighborhoods (S.P.I.N.).
B. Resolution No. 11 -043, Appoint members to the Crime Control Prevention
District.
9. Other items for consideration:
A. Consider approval of the Greater Southlake Women's Society's plans for
Festival of Trees events.
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, September 2, 2011 by 6:00 p.m.,
pursuant to the Texas Government Code, Chapter 551.
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Alicia Richardson, TRMC s156..
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
September 6, 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.
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
September 6, 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