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2011-11-15a.v OF SOUTHLAKE TEXAS REGULAR CITY COUNCIL MEETING: November 15 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. Veteran's Day recognition 4. 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. 2. Section 551.072: Deliberation regarding real prop2rt -a. Discuss the potential purchase, lease or value 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. City of Southlake values. Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork City of Southlake City Council meeting agenda November 15, 2011 Page 2 of 7 B. Reconvene: Action necessary on items discussed in Executive Session. 3. REPORTS: A. Mayor's Report 1. Update of upcoming meetings and events 2, Presentation by Congressman Marchant's Office recognizing Council Member Morris as Star of the 24th District 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 November 1, 2011 City Council meeting. B. Cancel or reschedule the December 20, 2011 City Council meeting. C. Ordinance No. 1018, 1st Reading providing for the taxation of goods -in- transit exempt under Section 11.253 of the Texas Tax Code; providing a repealer clause; providing a severability clause; and providing an effective date. (If approved on first reading, the public hearing will be held on December 6, 2011.) D. Ordinance No. 480 -556A (advertised as Ordinance No. 613) (ZA11 -051), 1 Reading, Zoning Change and Site Plan for Bosworth Offices on property described as trots 2R1, 2R2, 2R3 and 2R4, Brewer Industrial Addition, Southlake, Tarrant County, Texas and located at 1900 -1930 East State Highway 114, Southlake, Texas, Current Zoning: S -P -1 — Detailed Site Plan Zoning District. Requested Zoning: S -P -1 — Detailed Site Plan Zoning District. SPIN Neighborhood #4. (If approved on first reading, the public hearing will be held on December 6, 2011.) E. Resolution No. 11 -047, Establish a City - Managed Keep Southlake Beautiful program. F. Ordinance No. 1019, 1 Reading, Authorize sale of City -owned property at 4429 Soda Ridge Road in the amount of $9,125. (If approved on first reading, the public hearing will be held on December 6, 2091.) City of Southlake values. Integrity + Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork City of Southlake City Council meeting agenda November 15, 2011 Page 3 of 7 G. Ordinance No. 1016, 1 st Reading, Southlake Arts Master Plan, a component of the Southlake 2030 Plan. (If approved on first reading, the public hearing will be held on December 6, 2011) H. Approve a public art display permit from Southlake Sister Cities for Sister Cities international Young Artists Showcase traveling exhibition in the Southlake Town Hall lobby, December 17 — December 31, 2011. I. Approve a contract with 3M Library Systems for the Southlake Library Radio Frequency Identification Device (RFID) upgrade in the amount of $48,847. J. Ordinance No. 480 -612 (advertised as Ordinance No. 612) (ZA11 -037), 1 st Reading, Zoning Change and Site Plan for Jellico Chase Office Park on property described as Tracts 2C26 and 2C27, J.G. Allen Survey, Abstract No. 18, Southlake, Tarrant County, Texas and located at 180 and 190 Jellico Circle, Southlake, Texas. Current Zoning: SF -1A — Single Family Residential Zoning District. Proposed Zoning: 01 — Office Zoning District. SPIN Neighborhood #11. This item was tabled by the Planning and Zoning Commission at their November 3, 2011 meeting. (if approved by the Planning and Zoning Commission on November 17, 2011; the City Council will consider the first reading of the ordinance on December 6, 2011.) The public hearing for this item was originally scheduled for December 6, 2011. The public hearing will be republished for a later date. K. Ordinance No. 1017 (CP11 -009), 1 st Reading, Land Use Plan Amendment from Low Density Residential to Office Commercial on property described as Tracts 2C26 and 2C27, J.G. Allen Survey, Abstract No. 18, Southlake, Tarrant County, Texas and located at 180 and 190 Jellico Circle, Southlake, Texas. Current Zoning: SF -1A — Single Family Residential Zoning District. Proposed Zoning: 01 — Office Zoning District. SPIN Neighborhood #11. This item was tabled by the Planning and Zoning Commission at their November 3, 2011 meeting. (If approved by the Planning and Zoning Commission on November 17, 2011; the City Council will consider the first reading of the ordinance on December 6, 2011.) The - - - public - hearing for this item was originally scheduled for December 6, 2011. The public hearing will be republished for a later date. 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 City of Southlake values: Integrity ♦ Innovation 1 Accountability ♦ Commitment to Excellence ♦ Teamwork City of Southlake City Council meeting agenda November 15, 2011 Page 4 of 7 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 -609 (ZA11 -048), 2 nd 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 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. PUBLIC HEARING B. ZA11 -049, Plat Revision for Lots 27, 28 and 29, Block 1, Westwyck Hills Phase II 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 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. C. Ordinance No. 480 -611 (ZA11 -052), 2 nd 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. PUBLIC HEARING D. Ordinance No. 480 -610 (ZA11 -057), 2 nd 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. PUBLIC HEARING E. ZA11 -050, Site Plan for Verizon expansion on property described as Lot 1, Block 1, Solana Addition, Southlake, Tarrant County, Texas and located at 500 West Dove Road, Southlake, Texas. Current Zoning: NRPUD — Non- residential Planned Unit Development District. SPIN Neighborhood #1. PUBLIC HEARING City of Southlake values: Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork City of Southlake City Council meeting agenda November 15, 2091 Page 5 of 7 7. Ordinances, first readings, and related items: (There are no items on this agenda.) 8. Resolutions: A. Resolution No. 11 -050, Amend the City of Southlake fee schedule related to oil and gas drilling. B. Resolution No. 11 -051, Appoint members to the Southlake Parks Development Corporation, Southlake Business Council, Southlake Program for the Involvement of Neighborhoods, and Zoning Board of Adjustment. This item was previously tabled at the October 18, 2011 and November 1, 2011 City Council meetings. 9. Other items for consideration: (There are no items on this agenda.) 10. Other items for discussion: (There are no items on this agenda.) 11. Meeting adjourned. CERTIFICATE 1 hereby certify that the above agenda was posted on the official bulletin boards at Town Hall, 1400 Main Street, Southlake, Texas, on Friday, November 11, 2011 by 6:00 p.m., pursuant to the Texas Government Code, Chapter 551. , ��,,�►u�nra��,, 4*1 U - ThfL a s + e nn�llAw! . If you plan to attend this public meeting N,�hr*(5.ard' isability that requires special needs, please advise the City Secretary's Office 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 15, 2011 Page 6 of 7 EXECUTIVE SESSION Section 551.071: Consultation with attorne 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 ro ert 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 ersonnel 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 securit y 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 deveiopment 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 Southiake City Council meeting agenda November 15, 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 i eline safet 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