2011-09-20 CITY OF
SOUTHLAKE
TEXAS
REGULAR CITY COUNCIL MEETING: September 20, 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: Nino Elliott, Chaplain of the Month.
3. Presentation by Southlake Sister. Cities.
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 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
a. Discuss the potential purchase or lease of real property for
city facilities and projects.
3. Section 551.074: Deliberation regarding personnel matters
City of Southlake values:
Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork
City of Southlake
City Council meeting agenda
September 20, 2011
Page 2 of 7
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
2. Proclamation for National Preparedness Month
3. Proclamation for Southlake Tennis Center
B. City Manager's Report
1. Ordinance Priority Schedule
2. Southlake Public Library 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 September 6, 2011 City Council meeting.
B. Approve the purchase of right of way and easements for Kimball Avenue
improvements from the properties at 1480 -1620 North Kimball Avenue in
the amount of $129,444.
C. Approve Change Order No. 2 with Ed Bell Construction Company for the
Kimball Avenue Improvement Project in the amount of $156,980.85.
D. Resolution No. 11 -045, a resolution of the City of Southlake, Texas, and
committing revenue sources for specific purposes and providing an
effective date.
E. Resolution No. 11 -046, Amend the fee schedule.
F. 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:
City of Southlake values:
Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork
City of South lake
City Council meeting agenda
September 20, 2011
Page 3 of 7
SF -1A — Single Family Residential District. Requested Zoning: 01 — Office
District. SPIN Neighborhood #11. THE APPLICANT HAS REQUESTED
TO TABLE THIS ITEM UNTIL THE OCTOBER 4, 2011 CITY COUNCIL
MEETING. (This item was previously tabled at the August 2, August 16,
and September 6, 2011 City Council meetings.)
G. Ordinance No. 544 -B, 2nd Reading, amending ordinance 544 -A, the City of
Southlake's Landscape Ordinance. THIS ITEM AND PUBLIC HEARING
IS ADMINISTRATIVELY TABLED TO THE OCTOBER 4, 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. ZA11 -034, Site Plan for Stratfort Gardens Retail Center on property
described as Lot 17, H. Granberry No. 581 Addition, Southlake, Tarrant
County, Texas and being located at 445 West Southlake Boulevard,
Southlake, Texas. Current Zoning: C2 - Local Retail Commercial District.
SPIN Neighborhood #10. PUBLIC HEARING
B. Ordinance No. 1014, 2nd 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. PUBLIC
HEARING
C. Ordinance No. 1015, 2nd Reading, Tax Levy Ordinance. PUBLIC
HEARING
D. Ordinance No. 1009, 2nd Reading, Carroll /F.M. 1709 Small Area Plan, a
component of the Southlake 2030 Land Use Plan. PUBLIC HEARING
(This item was tabled by City Council at the September 6, 2011 meeting.)
E. Ordinance No. 1010, 2nd Reading, Crooked /Kimball Small Area Plan, a
component of the Southlake 2030 Land Use Plan. PUBLIC HEARING
(This item was tabled by City Council at the September 6, 2011 meeting.)
City of Southlake values:
Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork
City of Southlake
City Council meeting agenda
September 20, 2011
Page 4 of 7
F. Ordinance No. 1012, 2 d Reading, F.M. 1709/F.M. 1938 Corridor Sector
Plan, an element of the Southlake 2030 Land Use Plan. PUBLIC
HEARING
7. Ordinances, first readings, and related items:
A. Ordinance No. 480 -439b (ZA11 -027), 1st Reading, Zoning Change and
Site /Concept Plan for Cornerstone Business Park on property described
as Lots 1 R, 2R1 R, 3R, 4R, and 5R1, Block 5, Comerstone 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. (If approved on 1 Reading, the public
hearing for this item will be held on October 4, 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.). (This item was tabled by City
Council at the September 6, 2011 meeting.)
B. Resolution No. 11 - 043, Appoint members to the Crime Control and
Prevention District. (This item was tabled by City Council at the
September 6, 2011 meeting.)
9. Other items for consideration:
A. Consider recognition options for Town Square developer Brian Stebbins.
10. Other items for discussion:
A. Discuss Safety Town,
11. Meeting adjourned.
City of Southlake values:
Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork
City of Southlake
City Council meeting agenda
September 20, 2011
Page 5 of 7
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 16, 2011 by 6:00 p.m.,
pursuant to the Texas Governms 1 Qode, Chapter 551.
. •.
•
Alicia Richardson, TRMC
City Secretary
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 Southiake
City Council meeting agenda
September 20, 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 20, 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