2013-05-07lugCITY OF
S0UTHLA1<,E
TEXAS
REGULAR CITY COUNCIL MEETING: May 7, 2013
LOCATION: 1400 Main Street, Southlake, Texas 76092
Council Chambers in Town Hall
WORK SESSION: 5:30 P.M.
1. Call to order
2. Invocation: Nino Elliott
3. Local Business Report
4. Recognition of Council Members Al Zito and Jeff Wang.
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
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 the city attorney
a. Seek advice of the city attorney regarding proposed legislation.
b. Seek advice of the city attorney regarding pending Public
Information Act requests.
2. Section 551.072: Deliberation regarding real property
a. Discuss the potential purchase or lease of real property for city
facilities and projects.
B. Reconvene: Action necessary on items discussed in Executive Session.
3. REPORTS:
A. Mayor's Report
1. Proclamation — Carroll Emerald Belles
City of Southlake values.-
Integrity
alues:Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork
City of Southlake
City Council meeting agenda
May 7, 2013
Page 2 of 6
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 April 16, 2013 City Council meeting.
B. Approve Professional Services Agreement with Neel -Schaffer, Inc. for
design of pressure plane interconnection valves in the amount of $64,240.
C. Approve contract renewal with Republic Waste Services of Texas, Ltd. for
the provision of commercial and residential solid waste and recycling
services.
D. Approve an amendment to the Residential Developer's Agreement with
Terra Land Management for Winding Creek.
E. Approve City of Southlake's West Nile Virus action plan.
F. Authorize City Manager to execute an Interlocal Agreement with Tarrant
County to expand and modify the West Nile Virus surveillance and
response program.
G. Approve a Residential Developer Agreement with K. Hovnanian Homes
for Ridgeview at Southlake, Phase I.
H. Approve Resolution No. 13-023, Clarifying Designation of Public
Information Coordinator.
Cancel the July 2, 2013 and July 16, 2013 City Council meetings.
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.)
City of Southlake values.-
Integrity
alues:Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork
City of Southlake
City Council meeting agenda
May 7, 2013
Page 3 of 6
6. Ordinances, second readings, public hearings, and related items:
A. Resolution No. 13-021 (ZA13-032), Specific Use Permit to allow an
accessory building enclosing equipment or activities in conjunction with
the permitted principal use for Texas Health Southlake and to include a
request for a variance to the Masonry Ordinance No. 557-A, as amended,
on property described as Lot 1 R2, Block 1, Gorbutt Addition, an addition to
the City of Southlake, Tarrant County, Texas located at 1545 East
Southlake Boulevard, Southlake, Texas. Current Zoning: S -P-2 -
Generalized Site Plan District. SPIN #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:
A. This item intentionally left blank.
B. Consider SV13-008, Variance to Sign Ordinance No. 704-F regulations for
Mattress Firm located at 2645 East Southlake Boulevard.
C. Consider MSP13-005, Master Sign Plan for Winding Creek subdivision
generally located south of East Southlake Boulevard and west of South
Carroll Avenue at 400, 480, 500 and 540, South Carroll Avenue.
10. Other items for discussion:
A. Discuss ban on texting while driving.
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 3, 2013 by 6:00 p.m.,
pursuant to the Texas Governmer1t,Qpde, Chapter 551.
H•,
•. �, .
. %
Alicia Richardson, TRMC
City Secretary
City of Southlake values.-
Integrity
alues:Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork
City of Southlake
City Council meeting agenda
May 7, 2013
Page 4 of 6
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
alues:Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork
City of Southlake
City Council meeting agenda
May 7, 2013
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. Pending Public Information Act requests.
2. Texas Attorney General litigation defending the constitutionality of the Texas
Open Meetings Act.
3. Legal issues regarding the Barnett Shale gas extraction and transportation.
4. 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.
5. Legal issues related to property located at 3100, 3110, and 3112 East Southlake
Boulevard.
6. 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.
7. Metro-Plex Underground, LP v. Ed Bell Construction and ARCH Insurance
Company; Cause No. 048-258408-12
8. James & Kathleen Farley v. Mark Wilson, National Carriers, Inc., and City of
Southlake; Cause No. 09-15791.
9. Ed Bell Construction Company v. City of Southlake, Cause No. 348-262825-12
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 regardingprospective 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
May 7, 2013
Page 6 of 6
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