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Agenda CITY OF SOUTHLAKE TEXAS REGULAR CITY COUNCIL MEETING: AUGUST 16, 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: Zack Polyak, Chaplain of the Month. 3. Water System Status Update 4. Ordinance No. 880 -B - Revisions to Chapter 9.5 of the City of Southlake's City Code article IV - Gas and Oil Well Drilling and Production 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(0, 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 recent legislation. b. Seek the advice of the city attorney regarding gas drilling and production and gas utility companies. c. Seek the advice of the city attorney regarding pending XTO and Energy Transfer Specific Use Permit, Gas Well Permit and Pipeline Permit applications. d. Seek the advice of the city attorney regarding pending litigation. e. Seek the advice of the city attorney regarding boards and commissions. City of Southlake values: Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork City of Southlake City Council meeting agenda August 16, 2011 Page 2 of 7 f. Seek the advice of the city attorney regarding CISD and City ordinances. 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 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. 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 June 27 -28, 2011 City Council June Retreat and the August 2, 2011 regular City Council meeting. B. Approve the purchase of right of way and easements for Woodland Heights Connector improvements from property at 2121 East Southlake Boulevard in the amount of $74,085. C. Ordnance No. 1011, 1 Reading, Approving a negotiated resolution between the Atmos cities steering committee ( "ACSC" or "Steering Committee ") and Atmos Energy Corp., Mid -Tex Division ( "Atmos MID - TEX" or "company ") regarding the company's fourth annual rate review mechanism ( "RRM ") filing in all cities exercising original jurisdiction; declaring existing rates to be unreasonable; adopting tariffs that reflect rate adjustments consistent with the negotiated settlement and finding the rates to be set by the attached tariffs to be just and reasonable; requiring the company to reimburse cities' reasonable ratemaking expenses; City of Southlake values: Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork City of Southlake City Council meeting agenda August 16, 2011 Page 3 of 7 repealing conflicting resolutions or ordinances; determining that this ordinance was passed in accordance with the requirements of the Texas open meetings act; adopting a savings clauses; declaring an effective date; and requiring delivery of this ordinance to the company and the steering committee's legal counsel. (If approved at 1st Reading, the Public Hearing for this item will be held on September 6, 2011.) D. Approve the purchase of right of way and easements for Woodland Heights Connector improvements from property at 205 Westwood Drive in the amount of $110,715. E. Resolution No. 11 -040, Appointment of Planning & Zoning Commissioners to the Southlake 2030 Mobility Plan Committee and the Southlake 2030 Water, Wastewater, and Stormwater Master Plan Committee. F. Ordinance No. 1013, 1 Reading, An ordinance amending Chapter 2 , Article X, Section 2 -421 of the City of Southlake Code to provide the Director of Planning and Development Services or his or her designees with the power to issue citations for violation of the city code. (If approved at 1st Reading, the Public Hearing for this item will be held on September 6, 2011.) G. Ordinance No. 480 -439, (ZA11 -027), 2 Reading, Zoning Change and Site Plan /Concept Plan for Cornerstone Business Park on property described as Lot 1R, 2R1 R, 3R, 5R1 and 4R, 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 — General Site Plan District with 11 — Light Industrial Uses. Requested Zoning: S -P -2 — General Site Plan District with 11 — Light Industrial Uses. SPIN Neighborhood #8. THIS ITEM WAS PUBLISHED FOR A PUBLIC HEARING ON AUGUST 16, 2011. THE ITEM HAS BEEN ADMINISTRATIVELY TABLED INDEFINITELY. H. Ordinance No. 480 -497a (ZA11 -025), 2 Reading, Zoning Change and Site Plan for Kimball Crossing on property described as Lots 1 and 2, Block 1, Ethan Allen 1709 Addition, Southlake, Tarrant County, Texas and a portion of Tract 1B2, John A. Freeman Survey, Abstract No. 529 and being located at 2171, 2175 and 2185 East Southlake Boulevard, Southlake, Texas. Current Zoning: S -P -1 - Detailed Site Plan District and B1 - Business Service Park District. Requested Zoning: S -P -1 - Detailed Site Plan District. SPIN Neighborhood #8. THE APPLICANT HAS REQUESTED TO TABLE THIS ITEM AND THE PUBLIC HEARING TO THE SEPTEMBER 6, 2011 CITY COUNCIL MEETING. City of Southlake values: Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork City of Southlake City Council meeting agenda August 16, 2011 Page 4 of 7 I. ZA10 -026, Plat Revision for Lot 1, Block 1, Kimball Crossing being a revision of property described as Lots 1 and 2, Block 1, Ethan Allen 1709 Addition, Southlake, Tarrant County, Texas and a portion of Tract 1 B2, John A. Freeman Survey, Abstract No. 529 and being located at 2175 and 2185 East Southlake Boulevard, Southlake, Texas. Current Zoning: S -P -1 - Detailed Site Plan District and B1 - Business Service Park District. Proposed Zoning: S -P -1 - Detailed Site Plan District. SPIN Neighborhood # 8. THE APPLICANT HAS REQUESTED TO TABLE THIS ITEM AND THE PUBLIC HEARING TO THE SEPTEMBER 6, 2011 CITY COUNCIL MEETING. J. 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. City Council tabled this item at their August 2, 2011 meeting. THE APPLICANT HAS REQUESTED TO TABLE THIS ITEM AND THE PUBLIC HEARING TO THE SEPTEMBER 6, 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. 480 -GGGG, 2nd Reading, being an amendment to Zoning Ordinance No. 480, as amended, as it pertains to personal care facilities, including nursing and care homes. PUBLIC HEARING B. ZA11 -031, Site Plan for Dunkin' Donuts on property described as Lot 3R2, Block 1, Southlake Crossing Phase I, Southlake, Tarrant County, Texas and being located at 2255 West Southlake Boulevard, Southlake, Texas. Current Zoning: C -3 - General Commercial District. SPIN Neighborhood # 10. 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 August 16, 2011 Page 5 of 7 A. Ordinance No. 1009, 1 Reading, Approve Carroll /1709 Small Area Plan, a component of the Southlake 2030 Land Use Plan. (If approved at 1st Reading, the Public Hearing for this item will be held on September 6, 2011.) B. Ordinance No. 1010, 1 Reading, Approve Crooked /Kimball Small Area Plan, a component of the Southlake 2030 Land Use Plan. (If approved at 1st Reading, the Public Hearing for this item will be held on September 6, 2011.) 8. Resolutions: A. Resolution No. 11 -038, Appoint members to the Zoning Board of Adjustment. 9. Other items for consideration: A. SV11 -011, Variance to Sign Ordinance No. 704 as amended for Chapel Hill Office Park located at 211 -281 East Southlake Boulevard, Southlake, Texas. B. Approve the purchase of right of way for FM1938 Phase 2 from the property at 1202 Randol Mill Avenue in the amount of $219,778. 10. Other items for discussion: A. FY2012 Proposed Budget — Strategic Investments 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, August 12, 2011 by 6:00 p.m., pursuant to the Texas Government Code, Chapter 551. the • eN a0 • • Tara Brooks AN ; Deputy City Secretary J\ '•. •••....• If you plan to attend this i b,lic irtir4eig 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 August 16, 2011 Page6of7 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 regardinq 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 regardinq 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 regardinq 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 August 16, 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