Agenda 1 ' CITY OF
SOUTHLAKE
TEXAS
REGULAR CITY COUNCIL MEETING: MAY 17, 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. Proclamation recognizing National Police Week May 15 -21, 2011.
4. Discuss Summer Fun in Southlake
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 subject matter of
this City Council meeting.
1. Section 551.071: Consultation with attorney
a. Seek the advice of the city attorney regarding legal issues
related to proposed legislation.
b. Seek the advice of the city attorney regarding the regulation
of the sale of alcoholic beverages.
c. Seek the advice of the city attorney regarding specific use
permits for mass gathering.
d. Seek the advice of the city attorney regarding gas drilling
and production and gas utility companies.
e. Seek the advice of the city attorney regarding pending XTO
and Energy Transfer Specific Use Permit, Gas Well Permit
and Pipeline Permit applications.
City of Southlake values:
Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork
City of Southlake
City Council meeting agenda
May 17, 2011
Page 2 of 6
f. Seek the advice of the city attorney regarding Cause No.
153 - 252281 -11; Southlake Taxpayers Against Neighborhood
Drilling (STAND) vs. City of Southlake.
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 551.087: 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 April 29, 2011 Joint Meeting of the City
Council and the Board of Trustees Carroll ISD; the April 29, 2011 City
Council meeting; and the May 3, 2011 City Council meeting.
B. Approve Change Order No. 1 for the Kirkwood extension contract with
Conaster, in the amount of $ $134,668.50.
C. Variance to Subdivision Ordinance No. 483, as amended, Section 4.01 I,
Expiration of Plats, requesting to extend the validity of the plats for Case
ZA08 -003 Preliminary Plat for Nolen Center and Case ZA08 -028 Final Plat
for Nolen Center located at the southwest corner of South Nolen Drive and
East Southlake Boulevard.
D. Ordinance 480 -604 (ZA11 -014), 1 Reading, Zoning Change and Concept
Plan for the Ahmed Residence on property being described as Lot 4 -B,
Block A, White Chapel Place Addition and being located at 841 South
White Chapel Boulevard. Current Zoning: "RE" Single Family Residential
Zoning District. Requested Zoning: "SF -2" Single Family Residential
City of Southlake values:
Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork
City of Southlake
City Council meeting agenda
May 17, 2011
Page 3 of 6
Zoning District. SPIN Neighborhood #9. (If approved at first reading, the
public hearing for this item will be on June 7, 2011.)
E. Ordinance 480 -338c (ZA11 -007), 2 Reading, Zoning Change and Site
Plan for improvements to Carroll Independent School District Senior High
School on property located at 1501 West Southlake Boulevard, being
described as Lot 1, Block 1, Carroll Senior High School Addition, and
being approximately 55.033 acres. Current Zoning: "S -P -1" Detailed Site
Plan District. Requested Zoning: "S -P -1" Detailed Site Plan District. SPIN
Neighborhood #10. THE APPLICANT HAS REQUESTED TO TABLE
THIS ITEM AND THE PUBLIC HEARING TO THE JUNE 7, 2011 CITY
COUNCIL MEETING. (The applicant tabled this item from the May 3,
2011 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. 1003, authorizing the issuance of Certificates of Obligation,
Series 2011A. PUBLIC HEARING
B. Ordinance No. 1004, authorizing the issuance of Certificates of Obligation,
Series 2011B. PUBLIC HEARING
C. Ordinance No. 1005, authorizing the issuance of Certificates of Obligation,
Series 2011C. PUBLIC HEARING
D. Resolution No. 11 -024, approving the issuance of an issuer note by the
Italy Higher Education Facilities Corporation for the Clariden School.
PUBLIC HEARING
7. Ordinances, first readings, and related items: (There are no items on this
agenda.)
8. Resolutions:
A. Resolution No. 11 -019, appoint members to the various Southlake 2030
Plan Element committees.
City of Southlake values:
Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork
City of Southlake
City Council meeting agenda
May 17, 2011
Page 4 of 6
9. Other items for consideration:
A. Consider SV11 -008, Variance to Sign Ordinance No. 704, as amended,
for Dunkin Donuts located at 2255 West Southlake Boulevard.
10. Other items for discussion:
A. Discuss adoption of a resolution supporting the "Fair Share for Clean air
Campaign" urging the TCEQ to address air pollution issues from the gas
industry.
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, May 13, 2011 by 6:00 p.m.,
pursuant to the Texas Government Code, Chapter 551.
b
ZH 1 A/f % •
Alicia Richardson, TRMC w >-: \ ? -
City Secretary :3
e e e
If you plan to attend this pLiblicaNtaiirt 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
May 17, 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. Cause No. 153 - 252281 -11; Southlake Taxpayers Against Neighborhood Drilling
(STAND) vs. City of Southlake.
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 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
May 17, 2011
Page 6 of 6
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