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2012-02-21REGULAR CITY COUNCIL MEETING: FEBRUARY 21, 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: Clayton Reed, Chaplain of the Month 3. Southlake Carroll Dragon Football team proclamation 4. Proposed Sidewalk Plan Priority List for FY 2012 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. Executive Session: 2. A. 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 Executive Session may be attached hereto and incorporated herein. 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. Section 551.071: Consultation with attorney 1. 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 vested rights act. c. Seek the advice of the city attorney regarding regulation of soil stockpiles. d. Seek the advice of the city attorney regarding boards and commissions. Section 551.072: Deliberation regarding real property 2. a. Discuss the potential purchase, lease or value of real property for city facilities and projects. Section 551.074: Deliberation regarding personnel 3. Ý·¬§ ±º Í±«¬¸´¿µ» ª¿´«»æ ×²¬»¹®·¬§ ×²²±ª¿¬·±² ß½½±«²¬¿¾·´·¬§ Ý±³³·¬³»²¬ ¬± Û¨½»´´»²½» Ì»¿³©±®µ City of Southlake City Council meeting agenda February 21, 2012 Page 2 of 7 a. Deliberate the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of the City Manager, City Secretary, City Attorney and Municipal Judge. b. Deliberate the appointments of city board and commission members. Section 551.087: Deliberation regarding economic 4. development negotiations a. Economic incentives for businesses. Reconvene: B.Action necessary on items discussed in Executive Session. REPORTS: 3. A. Mayor’s Report 1. Update of upcoming meetings and events B. City Manager’s Report 1. Financial 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 February 7, 2012 City Council meeting. B. Approve a service contract for Fleet Preventative Maintenance and Repair Services to multiple vendors: On-Site Fleet Services, Blagg Tire and Service and Grapevine Ford. C. Approve a professional services agreement with Kimley-Horn and Associates, Inc. for design services for the FM 1709 Traffic Signal Timing Study project in the amount of $71,200. D. Approve ratification of emergency expenditures related to the Southlake Town Hall water leak in the amount of $521,483.92. E. Approve a contract for manhole rehabilitation with Lewis Concrete Restoration in the amount of $70,000. F. Ì¸· ·¬»³ ©¿ ·²¬»²¬·±²¿´´§ ´»º¬ ¾´¿²µò st G. Ordinance No. 1024, 1 Reading, Approve an ordinance to abandon an unused water line easement in the T.M. Hood Survey, Abstract No. 706. Ý·¬§ ±º Í±«¬¸´¿µ» ª¿´«»æ ×²¬»¹®·¬§ ×²²±ª¿¬·±² ß½½±«²¬¿¾·´·¬§ Ý±³³·¬³»²¬ ¬± Û¨½»´´»²½» Ì»¿³©±®µ City of Southlake City Council meeting agenda February 21, 2012 Page 3 of 7 (If approved on first reading, a public hearing will be held on March 6, 2012.) st H. Ordinance No. 1025, 1 Reading, Approve an ordinance establishing the (If approved on first speed limit on Southlake Boulevard (FM 1709). reading, a public hearing will be held on March 6, 2012.) I. ZA11-069, Plat Revision for Lot 3R12, Green Meadows Subdivision, on property described as Lots 3R6R1, 3R7R, 3R8R, 3R9R, and 3R10R Green Meadows Subdivision being an addition to the City of Southlake, Tarrant County, Texas and being located at 2261 East Continental Boulevard and 960-990 South Kimball Avenue. Current Zoning: I-1- Light Industrial District. SPIN Neighborhood #8. J. ZA12-001, Plat Showing for Lots 10 and 11, S. Freeman No. 525 Addition, Southlake, Tarrant County, Texas on property described as Tract 2B04 Samuel Freeman Survey, Abstract No. 525 and Tract 8C01, John L. Whitman Survey, Abstract No. 1523, Southlake, Texas and located at 2580 Greenbough Lane, Southlake, Texas. Current Zoning: SF-1A - Single Family Residential Zoning District. SPIN Neighborhood #4. K. Resolution No. 12-007, Authorize the city attorney to bring condemnation action for the purpose of water line easement for construction and maintenance of the TW King water supply line in the Southlake Park Addition at 5 Kirkwood Boulevard, Westlake, Texas. L.Resolution No. 12-015, Suspending the March 6, 2012 effective date of Atmos Energy Corp., Mid-Tex Division requested rate change. st M. Ordinance No. 1017 (CP11-001), 1 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: O1 - Office Zoning District. SPIN This item was tabled by the City Council at their, Neighborhood #11. December 6, 2011, January 3, 2012, January 17, 2012 and February 7, 2012 meetings. The applicant requested to table this item indefinitely. If this item does come forward, staff will renotify and republish the public hearing notification. st N. Ordinance No. 480-612 (ZA11-037), 1 Reading, Zoning Change and Site Plan for Jellico Chase 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. Ý·¬§ ±º Í±«¬¸´¿µ» ª¿´«»æ ×²¬»¹®·¬§ ×²²±ª¿¬·±² ß½½±«²¬¿¾·´·¬§ Ý±³³·¬³»²¬ ¬± Û¨½»´´»²½» Ì»¿³©±®µ City of Southlake City Council meeting agenda February 21, 2012 Page 4 of 7 Proposed Zoning: O1 - Office Zoning District. SPIN Neighborhood #11. This item was tabled by the City Council at their, December 6, 2011, January 3, 2012, January 17, 2012 and February 7, 2012 meetings. The applicant requested to table this item indefinitely. If this item does come forward, staff will renotify and republish the public hearing notification. REGULAR AGENDA: 5. Public Forum. øÌ¸» Ð«¾´·½ Ú±®«³ ©·´´ ²±¬ ¾»¹·² °®·±® ¬± éæðð °ò³ò Ì¸· · ¬¸» °«¾´·½ù ±°°±®¬«²·¬§ ¬± ¿¼¼®» ¬¸» Ý·¬§ Ý±«²½·´ ¿¾±«¬ ²±²ó¿¹»²¼¿ ·¬»³ò Ü«®·²¹ ¬¸· °®±½»»¼·²¹ô ¬¸» Ý·¬§ Ý±«²½·´ ©·´´ ²±¬ ¼·½«ô ½±²·¼»® ±® ¬¿µ» ¿½¬·±² ±² ¿²§ ·¬»³ °®»»²¬»¼ò É» ®»°»½¬º«´´§ ¿µ ¬¸¿¬ ¿²§±²» ¬»°°·²¹ º±®©¿®¼ ¬± °»¿µ ¼«®·²¹ Ð«¾´·½ Ú±®«³ ¬± °´»¿» ´·³·¬ ®»³¿®µ ¬± ¬¸®»» ³·²«¬» ±® ´»ò÷ 6. Ordinances, second readings, public hearings, and related items: nd A. Ordinance No. 480-534b, 2 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 PUBLIC Planned Unit Development District. SPIN Neighborhood #3. HEARING B. ZA11-075, Site Plan for Blue Mesa on property described as Lot 2, Block 23, Southlake Town Square, an addition to the City of Southlake, Tarrant County, Texas; and located at 1586 East Southlake Boulevard, Southlake, Texas. Current Zoning: DT- Down Town District. SPIN Neighborhood #8. PUBLIC HEARING C. Resolution No. 12-013, (ZA11-073) Specific Use Permit for Abundant Grace Christian Montessori Academy, being a request to allow a children’s nursery, child day care center and kindergarten at Grace Community Church on property described as Lot 2R1, Block B, Ravenaux Village Addition, Southlake, Tarrant County, Texas and located at 251 Countryside Court, Southlake, Texas. Current Zoning: S-P-1 Detailed Site Plan District with CS Community Service uses. SPIN Neighborhood #5. PUBLIC HEARING 7. Ordinances, first readings, and related items: st A. Ordinance No. 1021, 1 Reading, Adoption of the 2030 Plan S.H. 114 (If approved on first reading, a public hearing will be Corridor Plan. held on March 6, 2012.) Ý·¬§ ±º Í±«¬¸´¿µ» ª¿´«»æ ×²¬»¹®·¬§ ×²²±ª¿¬·±² ß½½±«²¬¿¾·´·¬§ Ý±³³·¬³»²¬ ¬± Û¨½»´´»²½» Ì»¿³©±®µ City of Southlake City Council meeting agenda February 21, 2012 Page 5 of 7 st B. Ordinance No. 704-F, 1 Reading, Amending Ordinance No. 704-E, the (If approved on first City of Southlake Comprehensive Sign Ordinance reading, a public hearing will be held on March 6, 2012.). 8. Resolutions: øÌ¸»®» ¿®» ²± ·¬»³ ±² ¬¸· ¿¹»²¼¿ò÷ 9. Other items for consideration: A. Authorize the City Manager to negotiate a management agreement for the Southlake Tennis Center. B. Consider SV12-002, variance to the Sign Ordinance No. 704, as amended and the Gateway Plaza Phase I, Conditional Sign Permit for Mellow Mushroom located at 2820 East Southlake Boulevard. C. Consider SV12-003, variance to Sign Ordinance No. 704, as amended, for Texas Digestive Disease Consultants located at 505 South Nolen Drive. 10. Other items for discussion: øÌ¸»®» ¿®» ²± ·¬»³ ±² ¬¸· ¿¹»²¼¿ò÷ 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, February 17, 2012 by 6:00 p.m., pursuant to the Texas Government Code, Chapter 551. ____________________________ Alicia Richardson, TRMC City Secretary 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. Ý·¬§ ±º Í±«¬¸´¿µ» ª¿´«»æ ×²¬»¹®·¬§ ×²²±ª¿¬·±² ß½½±«²¬¿¾·´·¬§ Ý±³³·¬³»²¬ ¬± Û¨½»´´»²½» Ì»¿³©±®µ City of Southlake City Council meeting agenda February 21, 2012 Page 6 of 7 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. 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 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 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 Ý·¬§ ±º Í±«¬¸´¿µ» ª¿´«»æ ×²¬»¹®·¬§ ×²²±ª¿¬·±² ß½½±«²¬¿¾·´·¬§ Ý±³³·¬³»²¬ ¬± Û¨½»´´»²½» Ì»¿³©±®µ City of Southlake City Council meeting agenda February 21, 2012 Page 7 of 7 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. Ý·¬§ ±º Í±«¬¸´¿µ» ª¿´«»æ ×²¬»¹®·¬§ ×²²±ª¿¬·±² ß½½±«²¬¿¾·´·¬§ Ý±³³·¬³»²¬ ¬± Û¨½»´´»²½» Ì»¿³©±®µ