2011-12-06 CITY OF
SOUTHLAKE
TEXAS
REGULAR CITY COUNCIL MEETING: December 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: David Whitington, Chaplain of the Month
3. "Town Hall on Demand" Demonstration
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 City of Southlake
v. Jeff Massey, et al; Cause No. 2011- 008865 -3.
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, lease or value of real property
for city facilities and projects.
3. Section 551.087: Deliberation regarding economic
development negotiations
a. Economic incentives for businesses.
City of Southlake values:
Integrity • Innovation • Accountability • Commitment to Excellence • Teamwork
City of Southlake
City Council meeting agenda
December 6, 2011
Page 2 of 8
B. Reconvene: Action necessary on items discussed in Executive Session.
3. REPORTS:
A. Mayor's Report
1. Proclamation — Carroll Cross Country Track Team
2. 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 minutes from the August 23 and November 15, 2011 City Council
meetings.
B. Approve a Community Events Participation Agreement with GreenFellows,
Inc. for the 2012 Southlake Green Fest event in the amount of $697.28.
C. Award construction contract for TW King Ground Storage Tank Repair and
Painting to MK Painting, Inc. in the amount of $698,100.
D. Approve the option to extend the current contract with Signature
Contracting Services as the primary contract for landscape maintenance
services for Group 5 in the amount not to exceed $15,000 and as the
alternate contract award for Group 4 landscape services for 2012.
E. Approve the option to extend the current contract with O'Donnell's
Landscape Services as the primary contract for landscape maintenance
services for Groups 2, 3, 4, 6 and 7 in the amount not to exceed $275,000
and as the alternate contract award for Group 1 and 5 for landscape
maintenance services.
F. Approve the option to extend the current contract with Dyna -Mist Irrigation
Company as the primary contract for landscape services for Group 1 in
the amount not to exceed $120,000 and as the alternate contract award
for Groups 2, 3, and 6 for landscape services.
G. Approve Amendment No. 2 to the Engineering Agreement with Nathan D.
Maier Consulting Engineers, Inc. for White Chapel Boulevard from
Highland to State Highway 114 in the amount of $173,827.00.
City of Southlake values:
Integrity ♦ Innovation • Accountability ♦ Commitment to Excellence • Teamwork
City of Southlake
City Council meeting agenda
December 6, 2011
Page 3 of 8
H. Approve a proposal from Hines Group for art work in Carillon
development.
I. Approve an agreement with Facility Solutions Group to upgrade the
remaining decorative Tight fixtures at three intersections on State Highway
114 in the amount of $57,512.
J. Resolution No. 11 -052, cast vote for Denton Central Appraisal District
(DCAD) Board of Director candidate.
K. Resolution No. 11 -053, cast vote for Tarrant Appraisal District (TAD)
Board of Director candidate.
L. 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, Southlake, Tarrant County, Texas
and being located at 620 South White Chapel Boulevard, Southlake,
Texas. Current Zoning: AG — Agricultural District. SPIN Neighborhood
#10. THIS ITEM IS ADMINISTRATIVELY TABLED TO THE FEBRUARY
7, 2012 CITY COUNCIL MEETING. (City Council was originally
scheduled to discuss this item on June 21, 2011; the applicant requested
to table the item to the September 8, 2011 Planning and Zoning
Commission meeting; the Planning and Zoning Commission at their
November 17, 2011 meeting, tabled the item to their January 19, 2012
meeting. The public hearing for this item was scheduled for December 6,
2011. The public hearing will be republished for a later date.)
M. Ordinance No. 1017 (CP11 -001), 1 Reading, Land Use Plan Amendment
from Low Density Residential to Office Commercial on property described
as Tracts 2C26 and 2C27, J.G. Allen Survey, Abstract No. 18, Southlake,
Tarrant County, Texas and located at 180 and 190 Jellico Circle,
Southlake, Texas. Current Zoning: SF -1A — Single Family Residential
Zoning District. Proposed Zoning: 01 — Office Zoning District. SPIN
Neighborhood #11. THIS ITEM IS ADMINISTRATIVELY TABLED TO
THE JANUARY 3, 2012 CITY COUNCIL MEETING. This item was
tabled by the Planning and Zoning Commission at their November
17, 2011 meeting. (If a recommendation is made by the Planning and
Zoning Commission on December 8, 2011; the City Council will consider
the first reading of the ordinance on January 3, 2012. The public hearing
for this item was originally scheduled for December 6, 2011. The public
hearing will be republished for a later date.)
N. Ordinance No. 480 -612 (advertised as Ordinance No. 612) (ZA11 -037), 1
Reading, Zoning Change and Site Plan for Jellico Chase Office Park on
property described as Tracts 2C26 and 2C27, J.G. Allen Survey, Abstract
City of Southlake values:
Integrity • Innovation • Accountability • Commitment to Excellence • Teamwork
City of Southlake
City Council meeting agenda
December 6, 2011
Page 4 of 8
No. 18, Southlake, Tarrant County, Texas and located at 180 and 190
Jellico Circle, Southlake, Texas. Current Zoning: SF -1A — Single Family
Residential Zoning District. Requested Zoning: 01 — Office Zoning District.
SPIN Neighborhood #11. THIS ITEM IS ADMINISTRATIVELY TABLED
TO THE JANUARY 3, 2012 CITY COUNCIL MEETING. This item was
tabled by the Planning and Zoning Commission at their November
17, 2011 meeting. (If a recommendation is made by the Planning and
Zoning Commission on its December 8, 2011 meeting; the City Council
will consider the first reading of the ordinance on January 3, 2012. The
public hearing for this item was originally scheduled for December 6,
2011. The public hearing will be republished for a later date.)
0. Ordinance No. 480 -610 (ZA11 -057), 2nd Reading, Zoning Change and Site
Plan for Gateway Church Addition on property described as Lot 1 R, Block 1,
Gateway Church Addition, an addition to the City of Southlake, Tarrant
County, Texas and currently addressed as 2121 East Southlake Boulevard,
Southlake, Texas. Current Zoning: CS — Community Service District.
Requested Zoning: S -P -1 — Detailed Site Plan District. SPIN Neighborhood
#8. THE APPLICANT HAS REQUESTED TO WITHDRAW THIS ITEM.
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. 1019, 2nd Reading, Authorize the sale of City owned
property at 4429 Soda Ridge Road in the amount of $9,125.00. PUBLIC
HEARING
B. Ordinance No. 544 -B, 2nd Reading, amending ordinance no. 544 -A, the
City of Southlake's Landscape Ordinance. PUBLIC HEARING (This item
was previously tabled by City Council at their September 20 and October
4, 2011 meetings.)
C. Ordinance No. 1018, 2nd Reading, providing for the taxation of goods -in-
transit exempt under Section 11.253 of the Texas Tax Code; providing a
repealer clause; providing a severability clause; and providing an effective
date. PUBLIC HEARING
City of Southlake values:
Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork
City of Southlake
City Council meeting agenda
December 6, 2011
Page 5 of 8
D. Approve a variance to the Masonry Ordinance No. 557 -A, for two portable
buildings at Eubanks Intermediate School, being described as Lot 1R,
Block 1, Carroll ISD No. 4 Addition and being located at 500 South Kimball
Avenue. Current Zoning: CS Community Service District. SPIN
Neighborhood #8. PUBLIC HEARING
E. Ordinance No. 1016, 2 Reading, Southlake Arts Master Plan, a component
of the Southlake 2030 Plan. PUBLIC HEARING
F. Ordinance No. 480 -556A (advertised as Ordinance No. 613), 2 Reading,
(ZA11 -051), Zoning Change and Site Plan for Bosworth Offices on property
described as Lots 2R1, 2R2, 2R3 and 2R4, Brewer Industrial Addition,
Southlake, Tarrant County, Texas and located at 1900 -1930 East State
Highway 114, Southlake, Texas. Current Zoning: S -P -1 — Detailed Site Plan
Zoning District. Requested Zoning: S -P -1 — Detailed Site Plan Zoning District.
SPIN Neighborhood #4. PUBLIC HEARING
G. ZA11 -058, Site Plan for Forest Park Medical Center Southlake on property
described as the remainder of Block 1, Brightbill Addition, an addition to the
City of Southlake, Tarrant County, Texas and Tracts 3E1A, 3E1B and 3E1C,
Larkin H. Chivers Survey, Abstract No. 300, Southlake, Tarrant County,
Texas and being located at 335 East State Highway 114 and 440 East
Highland Street, Southlake, Texas. Current Zoning: S -P -2 — General Site
Plan District. SPIN Neighborhood #7. PUBLIC HEARING
H. Approve a variance to the Masonry Ordinance No. 557 -A for construction
office buildings at Forest Park Medical Center Southlake on property
described as the remainder of Block 1, Brightbill Addition, an addition to
the City of Southlake, Tarrant County, Texas and Tracts 3E1A, 3E1B and
3E1C, Larkin H. Chivers Survey, Abstract No. 300, Southlake, Tarrant
County, Texas and located at 335 East State Highway 114 and 440 East
Highland Street, Southlake, Texas. Current Zoning: S -P -2 — General Site
Plan District. SPIN Neighborhood #7. PUBLIC HEARING
I. ZA11 -059, Site Plan for Mellow Mushroom on property described as Lot 3,
Block 1, Gateway Plaza Addition, Southlake, Tarrant County, Texas and
being located at 2820 East Southlake Boulevard, Southlake, Texas.
Current Zoning: S -P -2 — General Site Plan Zoning District. SPIN
Neighborhood #8. PUBLIC HEARING
7. Ordinances, first readings, and related items: (There are no items on this
agenda.)
8. Resolutions: (There are no items on this agenda.)
9. Other items for consideration: (There are no items on this agenda.)
City of Southlake values:
Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork
City of Southlake
City Council meeting agenda
December 6, 2011
Page 6 of 8
10. Other items for discussion:
A. Discuss a mitigation /replacement policy for commercial and residential
properties with landscape requirements.
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, December 2, 2011 by 6:00 p.m.,
pursuant to the Texas Government Code, Chapter 551.
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If you plan to attend this public meeting and have 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
December 6, 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. City of Southlake v. Jeff Massey, et al; Cause No. 2011 - 003365 -3; eminent
domain action regarding property located at 1200 North Kimball, Southlake,
Texas.
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
December 6, 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