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2011-10-18 ■ f CITY OF SOUTH LAKE TEXAS REGULAR CITY COUNCIL MEETING: October 18, 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: Scott Berry, Chaplain of the Month. 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(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 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 - 003365 -3; eminent domain action regarding property located at 1200 North Kimball, Southlake, Texas. 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. City of Southlake values: Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork City of Southlake City Council meeting agenda October 18, 2011 Page 2 of 6 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 A. What the Constitution Means to Me, by Jeffrey Pistor B. Status Report and Update from President T. Douglas Lawson, Baylor Regional Medical Center at Grapevine 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 October 4, 2011 City Council meeting. B. Approve a contract for preventative maintenance and repair services for fire apparatus with First Vehicle Services. C. Approve an interlocal agreement with Texas Department of Public Safety, "Failure to Appear Program," to provide a collection enforcement tool to the City of Southlake Municipal Court through which a defendant's ability to renew their driver's license is restricted due to outstanding violations. D. Consider SV11 -015, Variance to Sign Ordinance No. 704 -E, as amended, for Watermere at Southlake located at 2807 West Southlake Boulevard. E. Ordinance No. 544 -B, 2 " Reading, amending ordinance no. 544 -A, the City of Southlake's Landscape Ordinance. THIS ITEM IS ADMINISTRATIVELY TABLED TO THE DECEMBER 6, 2011 CITY COUNCIL MEETING. F. 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: City of Southlake values: Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork City of Southlake City Council meeting agenda October 18, 2011 Page 3 of 6 SF -1A — Single Family Residential District. Requested Zoning: 01 — Office District. SPIN Neighborhood #11. This item was previously tabled at the August 2, August 16, September 6, September 20, and October 4, 2011 City Council meetings. THE APPLICANT HAS REQUESTED TO TABLE THIS ITEM TO THE NOVEMBER 1, 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 -439b (ZA11 -027), 2nd Reading, Zoning Change and Site /Concept Plan for Cornerstone Business Park on property described as Lots 1 R, 2R1 R, 3R, 4R, and 5R1, 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 — Generalized Site Plan District. Requested Zoning: S -P -2 — Generalized Site Plan District. SPIN Neighborhood #8. This item was previously tabled at the September 20 and October 4, 2011 City Council meeting. PUBLIC HEARING B. Ordinance No. 880 -B, 2nd Reading, Revisions to Chapter 9.5 of the City of Southlake's City Code Article IV — Oil and Gas Well Drilling and Production. PUBLIC HEARING 7. Ordinances, first readings, and related items: A. Ordinance No. 480 -608 (ZA11 -045), 1 Reading, Zoning Change and Site Plan for Cornerstone Business Park on property described as Lots 1 R, Block 4, Cornerstone Business Park Addition, Southlake, Tarrant County, Texas and being located at 500 South Nolen Drive, Southlake, Texas. Current Zoning: 1 -1 — Light Industrial Zoning District. Requested Zoning: S- P-1 - Detailed Site Plan Zoning District. SPIN Neighborhood #8. (If approved on first reading, the second reading will be held on November 1, 2011.) City of Southlake values: Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork City of Southlake City Council meeting agenda October 18, 2011 Page 4 of 6 8. Resolutions: A. Resolution No. 11 -048, Appoint members to the Southlake Parks Development Corporation and Zoning Board of Adjustment. 9. Other items for consideration: A. Consider approval of Pro Players Foundation's request to display sponsor vehicles on public property for fundraising purposes. B. Approve purchase of a waterline easement for TW King 30 inch water line from property located on the south side of S.H. 114 from proposed F.M. 1938 to Solana Boulevard in the amount of $270,900. 10. Other items for discussion: (There are no items on this agenda.) 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, October 14, 2011 by 6:00 p.m., pursuant to the Texas Governme,„c Chapter 551. 1 cf) Alicia Richardson, TRMC :• r• City Secretary " •' °' °• <•••` •` ~ ♦ Vi a' O Fxllll et4 kaf f54\ 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 October 18, 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. 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 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 October 18, 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