2011-10-04 CITY OF
SOUTHLAKE
TEXAS
REGULAR CITY COUNCIL MEETING: October 4, 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: Scott Berry, Chaplain of the Month.
3. Proclamation for Southlake Tennis Center
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 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 request made
under the Public Information Act for City Council Member
email.
2. Section 551.072: Deliberation regarding real property
a. Discuss the potential purchase or lease of real property for
city facilities and projects.
City of Southlake values:
Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork
City of Southlake
City Council meeting agenda
October 4, 2011
Page 2 of 6
3. 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 September 20, 2011 City Council meeting.
B. Authorize the purchase of replacement and new vehicles from Caldwell
Country Chevrolet in the amount of $243,833.
C. Authorize the purchase of replacement and new vehicles from Philpott
Motors in the amount of $423,305.
D. Approve the purchase of required outfitting equipment for replacement
vehicles for DPS Police and Fire from Fleet Safety Equipment in the
amount of $99,347.
E. Approve the purchase of installation services for required equipment for
replacement vehicles for DPS Police and Fire from Professional Safety
Systems in the amount of $15,889.
F. Approve a contract with Weatherproofing Technologies for Phase 2
waterproofing the exterior of Town Hall in the amount of $107,089.92.
G. Approve a Discretionary Service Agreement with Oncor Electric Delivery
LLC for the relocation of utilities along FM 1709 at Foxborough Estates in
the amount of $92,105.25.
H. ZA11 -040, Plat Revision for Lot 1R1 and 1R2, Block 2, Cornerstone
Business Park on property described as Lot 1R, Block 2, Cornerstone
Business Park, Southlake, Tarrant County, Texas and being located at
City of Southlake values:
Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork
City of Southlake
City Council meeting agenda
October 4, 2011
Page 3 of 6
2815 Exchange Boulevard, Southlake, Texas. Current Zoning: 11 - Light
Industrial District. SPIN Neighborhood #8.
I. ZA11 -041, Preliminary Plat for Lots 1 and 2, Block 1, Tower Plaza
Addition on property described as Tracts 3B, 3B01 and 3D01, Obediah
W. Knight Survey, Abstract No. 899, Southlake, Tarrant County, Texas
and being located at 821, 829 and 835 East Southlake Boulevard,
Southlake, Texas. Current Zoning: S -P -1 — Detailed Site Plan District.
SPIN Neighborhood #8.
J. Consider recognition options for Town Square Developer Brian Stebbins.
K. 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. This item was previously tabled at
the August 2, August 16, September 6, and September 20, 2011 City
Council meetings. THE APPLICANT HAS REQUESTED TO TABLE
THIS ITEM TO THE NOVEMBER 1, 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. 544 -B, 2nd Reading, amending ordinance 544 -A, the City of
Southlake's Landscape Ordinance. PUBLIC HEARING
B. Resolution 11 -044 (ZA11 -043), Specific Use Permit for a Mass Gathering
Event for Home for the Holidays on property described as Southlake Town
Square, Southlake, Tarrant County, Texas and being generally located
between East Southlake Boulevard, North Carroll Avenue and State
Highway 114, Southlake, Texas. Current Zoning: DT — Downtown District.
SPIN Neighborhood #8. 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
October 4, 2011
Page 4 of 6
A. 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, 4R, and 5R1, 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 —
Generalized Site Plan District. Requested Zoning: S -P -2 — Generalized
Site Plan District. SPIN Neighborhood #8. This item was previously
tabled at the September 20, 2011 City Council meeting. (If approved
on 1 Reading, the public hearing for this item will be held on October 18,
2011.)
B. Ordinance No. 880 -B, 1 Reading, Revisions to Chapter 9.5 of the City of
Southlake's City Code Article IV — Oil and Gas Well Drilling and
Production (If approved on 1 Reading, the public hearing for this item will
be held on October 18, 2011.)
8. Resolutions: (There are no items on this agenda.)
9. Other items for consideration:
A. Consider approval of Pro Players Foundation's request to display sponsor
vehicles on public property for fundraising purposes.
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 30, 2011 by 6:00 p.m.,
pursuant to the Texas Governme,cpde, 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 Southlake
City Council meeting agenda
October 4, 2011
Page 5 of 6
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. 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 qift 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 regardinq 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.
Section 418.183(f): Texas Disaster Act
City of Southlake values:
Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork
City of Southlake
City Council meeting agenda
October 4, 2011
Page 6 of 6
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