2012-09-18CITY OF
SOUTHLAK,E
TEXAS
REGULAR CITY COUNCIL MEETING: September 18, 2012
LOCATION: 1400 Main Street, Southlake, Texas 76092
Council Chambers in Town Hall
WORK SESSION: 5:30 P.M.
1. Call to order.
2. Invocation: Clayton Reed
3. 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 concerning contractor delay
claims due to utility conflicts for the FM 1709 deceleration lanes.
b. Seek the advice of the city attorney concerning city boundary
adjustment with the Town of Westlake.
c. Seek the advice of the city attorney concerning right of the
public to access sidewalks, streets, drives and open space
within residential developments.
d. Seek the advice of the city attorney regarding legal issues
relating to Master Thoroughfare Plan amendments.
2. Section 551.074: Deliberation regardinq personnel
a. Deliberate the appointment, employment, evaluation,
reassignment duties, discipline, or dismissal of the City
Manager, City Secretary, City Attorney and Municipal Judge.
City of Southlake values:
Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork
City of Southlake
City Council meeting agenda
September 18, 2012
Page 2 of 7
b. Deliberate the appointments of city board and commission
members.
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
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 27, 2012 Special City Council meeting
and September 4, 2012 City Council meeting.
B. Approve Southlake Parks Development Corporation Matching Funds
request from The Miracle League of Southlake to contribute to the
construction cost of the Miracle Field at Bicentennial Park in the amount of
$50,000.
C. Resolution No. 12 -043, Appoint members to the Crime Control and
Prevention District Board.
D. Approve an amendment to the advance funding agreement with TxDOT
for the FM 1709 Median and Deceleration Lane Project in the amount of
$375,000.
E. Approve the purchase of fuel and GPS monitoring system software and
hardware upgrades from E. J. Ward in the amount of $55,500.
F. Approve facilities utilization agreement with Southlake Carroll Lacrosse
Association.
G. Approve facilities utilization agreement with Grapevine Southlake Soccer
Association.
City of Southlake values:
Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork
City of Southlake
City Council meeting agenda
September 18, 2012
Page 3 of 7
H. Cancel or reschedule the November 20, December 18, 2012 and January
1, 2013 City Council meetings.
Resolution No. 12 -044, Amend the fee schedule.
J. Consider approval of Bob Jones Nature Center & Preserve Management
Agreement with Bob Jones Nature Center organization.
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. 1045 (CP12 -003), 2 nd Reading, Land Use Plan
Amendment from Medium Density Residential and Retail Commercial to
Public Park /Open Space on property described as Tracts 1C3, 213, 2A2,
2A, 3C1, 3C1A and 3D1, L.G. Hall Survey, Abstract No. 686, City of
Southlake, Tarrant County. Texas and located at 285, 315 and 379 Shady
Oaks Dr., Southlake, Texas. Current Zoning: CS - Community Service
District. SPIN #7. PUBLIC HEARING
B. Ordinance No. 1044, 2 nd Reading, Bicentennial Park Master Plan.
PUBLIC HEARING
C. ZA 12 -057, Site Plan for Bicentennial Park, Phase II on property described
as Tracts 1, 1B, 1C1, 1 C2, 1C3, 1E, 2A, 2A1, 2A2, 2B, 2131, 3C, 3C12,
3C1A, 3D, 3D1, 3D1A, 3D6, L.G. Hall Survey, Abstract No. 686 and Lot
2R2, L.B.G. Hall No. 686 Addition, City of Southlake, Tarrant County,
Texas and located north of W. Southlake Blvd. between Shady Oaks Dr.
and N. White Chapel Blvd., Southlake, Texas. Current Zoning is "CS"
Community Service District. SPIN #7. PUBLIC HEARING
D. Ordinance No. 480 -KKKK, 2 nd Reading, Amendment to the
Comprehensive Zoning Ordinance No. 480, as amended, as it pertains to
nonconforming uses and nonconforming structures. PUBLIC HEARING
E. Ordinance No. 1046, 2 nd Reading, Approve and adopt the Annual Budget
for the Fiscal Year 2013 and approve the revised budget figures for the
City of Southlake values:
Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork
City of Southlake
City Council meeting agenda
September 18, 2012
Page 4 of 7
Fiscal Year 2012 and Multi -Year Capital Improvements Program. PUBLIC
HEARING
F. Ordinance No. 1047, 2 Reading, Tax Levy Ordinance. PUBLIC
HEARING
G. Ordinance No. 1048, 2 Reading, Approve an ordinance of the City of
Southlake, Texas, providing for a residential homestead property tax
exemption. 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:
A. SV12 -016, Sign Variance to Ordinance 704, as amended, for The National
Floor Safety Institute located at 2815 Exchange Boulevard, Ste. 200,
Southlake, Texas.
B. SV12 -017, Sign Variance to Ordinance 704, as amended, for Tech Trans
located at 2850 Market Loop Drive, Southlake, Texas.
C. Consider approval of City Sponsorship Policy.
D. Approve contract with Kennedy Electric Inc. for the purchase and
installation of backup generators for the Pearson Lane Pump Station in
the amount of $1,152,761 (including 5% contingency).
10. Other items for discussion:
A. Southlake 2030 planning process
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 14, 2012 by 6:00 p.m.,
pursuant to the Texas Govern` Y "+'" , Chapter 551.
E
•
Alicia Richardson, TRMC�, r
City Secretary ''�. ''••.....• -•` .•'%
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City of Southlake values.
Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork
City of Southlake
City Council meeting agenda
September 18, 2012
Page 5 of 7
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 18, 2012
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. 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.
6. Legal issues related to property located at 3100, 3110, and 3112 East Southlake
Boulevard.
7. City of Southlake v. Ashwin J. Babaria, et al; Cause No. 2011 - 006149 -3; eminent
domain action regarding property located at 1470 N. Kimball Avenue, Southlake,
Texas.
8. Metro -Plex Underground, LP v. Ed Bell Construction and ARCH Insurance
Company; Cause No. 048 - 258408 -12
9. James & Kathleen Farley v. Mark Wilson, National Carriers, Inc., and City of
Southlake; Cause No. 09- 15791.
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.
City of Southlake values:
Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork
City of Southlake
City Council meeting agenda
September 18, 2012
Page 7 of 7
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.
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