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2011-11-01 1 ` CITY OF SOUTHLAKE TEXAS REGULAR CITY COUNCIL MEETING: November 1, 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: Clayton Reed, Chaplain of the Month. 3. Camp Summer Oaks Program Recognition_ and Proclamation 4. Overview of the Leadership Southlake program by Dana Davis, Southlake Chamber of Commerce 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 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, lease or value of real property for city facilities and projects. 3. Section 551.074: Deliberation regarding personnel matters City of Southlake values: Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork City of Southlake City Council meeting agenda November 1, 2011 Page 2 of 7 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 1. 2011 Citizen Survey C. Senior Advisory Commission 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 18, 2011 City Council meeting. B. Approve Change Order No. 1 with Wilson Contractor Services for the 20- inch water line along S.H. 114 from North White Chapel Boulevard to Town Square in the amount of $143,219.59. C. This item was intentionally left blank. D. Approve a permit for the Southlake Arts Council to allow public display in the Town Hall lobby area of the renderings of the sculptures that will be installed in four City roundabout intersections. E. Approve selection of an artist and art concept for a bas relief in North Park. F. Resolution No. 11 -049, Approve the terms and conditions of a program to promote economic development and stimulate business and commercial activity in the City; authorize the Mayor to execute an amended agreement with Southlake Land Holdings, L.P., a Texas Limited Partnership, by City of Southlake values: Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork City of Southlake City Council meeting agenda November 1, 2011 Page3of7 Southlake Land Holdings GP, L.L.C. a Texas Limited Liability Company, its General Partner for such purposes; and provide an effective date. G. 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. This item was previously tabled at the August 2, August 16, September 6, September 20, October 4, and October 22, 2011 City Council meetings. THE APPLICANT HAS REQUESTED TO INDEFINITELY TABLE THIS ITEM. 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 -608 (ZA11 -045), 2nd 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. PUBLIC HEARING B. ZA11 -047, Site Plan for Stone Lakes common area pergola on property described as Common Area No. 3, Stone Lakes Phase I, an addition to the City of Southlake, Tarrant County, Texas and being located at 1101 Stone Lakes Drive, Southlake, Texas. Current Zoning: R -PUD — Residential Planned Unit Development District. SPIN Neighborhood #10. PUBLIC HEARING 7. Ordinances, first readings, and related items: A. Ordinance No. 480 -609 (ZA11 -048), 1 Reading, Zoning Change and Development Plan for Westwyck Hills Phase II Addition on property described as Lot 3R, John Childress No. 253 Addition, an addition to the City of Southlake, Tarrant County, Texas and currently addressed as 1581 City of Southlake values: Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork City of Southlake City Council meeting agenda November 1, 2011 Page 4 of 7 Randol Mill Avenue, Southlake, Texas. Current Zoning: SF -1A — Single Family Residential District. Requested Zoning: R -PUD — Residential Planned Unit Development District. SPIN Neighborhood #5. (If approved at first reading, a public hearing will be held November 15, 2011.) B. Ordinance No. 480 -611 (ZA11 -052), 1 Reading, Zoning Change and Concept Plan for Palazzo residence on property described as Tract 4D and 4D01, F. Throop Survey Abstract No. 1511, Southlake, Tarrant County, Texas and being located at 1931 North Carroll Avenue, Southlake, Texas. Current Zoning: AG - Agricultural District. Requested Zoning: SF -2 - Single Family Residential District. SPIN Neighborhood #4. (If approved at first reading, a public hearing will be held November 15, 2011.) C. Ordinance No. 480 -610 (ZA11 -057), 1 Reading, Zoning Change and Site Plan for Gateway Church Addition on property described as Lot 1 R, Block 1, Gateway Church Addition, an addition to the City of Southlake, Tarrant County, Texas and currently addressed as 2121 East Southlake Boulevard, Southlake, Texas. Current Zoning: CS — Community Service District. Requested Zoning: S -P -1 Detailed Site Plan District. SPIN Neighborhood #8. (If approved at first reading, a public hearing will be held November 15, 2011.) 8. Resolutions: A. Resolution No. 11 -048, Appoint members to the Southlake Parks Development Corporation and Zoning Board of Adjustment. This item was previously tabled at the October 18, 2011 City Council meeting. 9. Other items for consideration: A. Consider approval of Pro Players Foundation's request to display sponsor vehicles on public property for fundraising purposes. (This item was tabled at the October 4 and 18, 2011 meeting.) B. Consider SV11 -016, Variance to Sign Ordinance No. 704 -E, as amended, for WaI -Mart Neighborhood Market located at 2201 West Southlake Boulevard. C. Consider a Tree Conservation /Mitigation Plan for a portion of Lot 2, Block 2 Gateway Plaza Addition, Southlake, Texas, being located at 3100 East Southlake Boulevard. Current Zoning: S -P -2 Generalized Site Plan District. SPIN Neighborhood #8. 10. Other items for discussion: City of Southlake values: Integrity • Innovation • Accountability ♦ Commitment to Excellence • Teamwork City of Southlake City Council meeting agenda November 1, 2011 Page 5of7 A. Alarm Fees 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 28, 2011 by 6:00 p.m., pursuant to the Texas Government Code, Chapter 551. 000111$ 0111$tt " tit' „ � a 44 rS t .a=._. Alicia Richardson, TRMC = .I 4 City Secretary rr tr r rt A 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 November 1, 2011 Page 6of7 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 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 regardinq 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 November 1, 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