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2012-02-07CITY OUTHLAICE REGULAR CITY COUNCIL MEETING: FEBRUARY 7, 2012 LOCATION: 1400 Main Street, Southlake, Texas 76092 Council Chambers in Town Hall WORK SESSION: 5:30 P.M. 1. Call to order. 2. Invocation: Nick Billardello, Chaplain of the Month 3. Recognize Leadership Southlake 4. Proclamation - Youth Flag Football Champions 5. Southlake Sister Cities Presentation 6. 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 meetina 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 attorn y 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 boards and commissions. c. Seek the advice of the city attorney regarding Federal Regulatory Takings Law. 2. Section 551.072: Deliberation reaardina real property a. Discuss the potential purchase, lease or value of real property for city facilities and projects. City of Southlake values: Integrity + Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork City of Southlake City Council meeting agenda February 7, 2012 Page 2 of 8 3. Section 551.087: Deliberation re 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. Safety Awareness Month 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 January 17, 2012 City Council meeting. B. Award construction contract for TW King 30 -inch water supply line and meter station to Circle C Construction in the amount of $6,739,020. C. Resolution No. 12 -012, Approve an Interlocal Agreement and License Agreement with the Town of Westlake for the installation and operation of TW King 30 -inch water transmission line within Town of Westlake right -of- way adjacent to FM 1938. D. This item was intentionally left blank. E. Approve audio upgrade project for council chambers in the amount of $57,358.65 to Digitial Resources Inc. F. Approve the purchase to Tyler Technologies for support and maintenance of the Munis application in the amount of $67,914.51. G. Approve permit from the Southlake Arts Council, APEX Arts League, Art In the Square and Southlake Public Library to allow the display of "Winter Art in Town Hall" art exhibit in Town Hall lobby from February 17 — April 16, 2012 and to hold an art gallery reception February 19, 2012. H. Resolution No. 12 -011, Appoint a Municipal Court Clerk and providing an effective date. City of Southlake values: Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork City of Southlake City Council meeting agenda February 7, 2012 Page 3 of 8 Ordinance No. 480 -534b, 1st Reading, (ZA11 -070), Zoning Change and Development Plan on property described as Winfield Estates, an addition to the City of Southlake, Tarrant County, Texas; and located at 1000 - 1033 Winfield Court, Southlake, Texas. Current Zoning: R -PUD Residential Planned Unit Development District. Requested Zoning: R- PUD Residential Planned Unit Development District. SPIN Neighborhood #3. (If approved at first reading, a public hearing will be held February 21, 2012.) J. Resolution No. 11 -031 (ZA11 -016), Specific Use Permit for a Telecommunications Tower on property described as Tract 1G, H. Granberry Survey, Abstract No. 581, Southlake, Tarrant County, Texas and being located at 620 South White Chapel Boulevard, Southlake, Texas. Current Zoning: AG - Agricultural District. SPIN Neighborhood #10. (This item was tabled at the June 21, 2011 meeting.) The applicant is requesting to table this item to the June 5, 2012 meeting. K. Ordinance No. 1017 (CP11 -001), 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 at the December 6, 2011 and January 17, 2012 meetings.) The applicant is requesting to table this item to the February 21, 2012 City Council meeting. L. Ordinance No. 480 -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. Requested Zoning: 01 - Office Zoning District. SPIN Neighborhood #11. (This item was tabled at the December 6, 2011 and January 17, 2012 meetings.) The applicant is requesting to table this item to the February 21, 2012 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.) City of Southlake values: Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork City of Southlake City Council meeting agenda February 7, 2012 Page 4 of 8 6. Ordinances, second readings, public hearings, and related items: A. Ordinance No. 480 -614 (ZA11 -061), 2nd Reading, Zoning Change and Development Plan for Winding Creek on property described as Tracts 4, 4D01, 4E, 4E01, 4F and portions of Tracts 4D and 4G, Obediah W. Knight Survey, Abstract No. 899, City of Southlake, Tarrant County, Texas and currently addressed as 400, 430, 450, 480, 500 and 540 South Carroll Avenue and 1001 East Southlake Boulevard, Southlake, Texas. Current Zoning: AG - Agricultural District. Requested Zoning: R -PUD - Residential Planned Unit Development District. SPIN Neighborhood #9. This item was tabled by the City Council at their January 17, 2012 meeting. The public hearing was conducted on January 17, 2012. B. Preliminary Plat for Winding Creek Addition (ZA11 -062) on property described as Tracts 4, 4D01, 4E, 4E01, 4F and portions of Tracts 4D and 4G, Obediah W. Knight Survey, Abstract No. 899, City of Southlake, Tarrant County, Texas and currently addressed as 400, 430, 450, 480, 500 and 540 South Carroll Avenue and 1001 East Southlake Boulevard, Southlake, Texas. Current Zoning: AG - Agricultural District. SPIN Neighborhood #9. This item was tabled by the City Council at their January 17, 2012 meeting. C. Ordinance No. 480 -615 (ZA11 -060), 2 nd 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 Lot 1, Block 2, Watermere at Southlake Addition, Southlake, Tarrant County, Texas and located at 2813 and 2815 West Southlake Boulevard, Southlake, Texas. Current Zoning: SF -1A - Single Family Residential Zoning District. Requested Zoning: 01 - Office Zoning District. SPIN Neighborhood #11. The applicant requested to indefinitely table this item at the November 1, 2011 City Council meeting. Previously this item was tabled at the August 2, August 16, September 6, September 20, and October 4, 2011 City Council meetings. PUBLIC HEARING D. Resolution No. 12 -008 (ZA11 -072), Specific Use Permit to allow a Mass Gathering for Art in the Square on property described as Southlake Town Square, Phase 1, City of Southlake, Tarrant County, Texas; and generally located at the northeast corner of Carroll Avenue and East Southlake Boulevard, Southlake, Texas. Current Zoning: DT - Downtown District. SPIN Neighborhood #8. PUBLIC HEARING E. Approve a Community Events Participation Agreement with Southlake Women's Club for the 2012 Art in the Square event. City of Southlake values: Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork City of Southlake City Council meeting agenda February 7, 2012 Page 5 of 8 F. Resolution No. 12 -009 (ZA11 -074), Specific Use Permit to allow a Mass Gathering for Showcase in the Square on property described as Southlake Town Square, Phase I, City of Southlake, Tarrant County, Texas; and generally located at the northeast corner of Carroll Avenue and East Southlake Boulevard, Southlake, Texas. Current Zoning: DT — Downtown District. SPIN Neighborhood #8. PUBLIC HEARING G. Approve a Community Events Participation Agreement with APEX Arts League and Crossman World Class Drum Corps for the 2012 Showcase in the Square event. H. Resolution No. 12 -010 (ZAl2 -005), Specific Use Permit to allow a tent for the purpose of promoting retail sales at Kroger Food Store #512 for Valentine's Flowers and Gifts on property being described as Lot 3, Block 1, Village Center Addition, Southlake, Tarrant County, Texas and being located at 2110 East Southlake Boulevard, Southlake, Texas. Current Zoning: C -3 — General Commercial Zoning District. SPIN Neighborhood #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. MSP11 -004, Master Sign Plan for Kimball Crossing located at 2175 East Southlake Boulevard. At the request of the applicant, this item was tabled by the City Council at their January 17, 2012 meeting. 10. Other items for discussion: (There are no items on this agenda.) 11. Meeting adjourned. City of Southlake values: Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork City of Southlake City Council meeting agenda February 7, 2012 Page 6 of 8 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, February 3, 2012 by 6:00 p.m., pursuant to the Texas Government Code, Chapter 551. • ••• V O • M Alicia Ric! ididson, TRIVI a • • fftB •' P % * . • r \� If you plan to attend this public meeting and tl"'V 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 February 7, 2012 Page 7of8 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. 6. Legal issues related to property located at 3100, 3110, and 3112 East Southlake Boulevard. 7. 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. Section 551.072: Deliberation regarding real propert y The City Council may conduct a closed meeting to deliberate the purchase, exchange, lease or value of real property. Section 551.073: Deliberation regarding ros ective 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. Section 551.087: Deliberation regarding economic development negotiations The City Council may discuss or deliberate regarding commercial or financial City of Southlake values: Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork City of Southlake City Council meeting agenda February 7, 2012 Page 8 of 8 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 regardin. 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