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2012-03-20SOUTHLAKE CITY 0 TEXAS REGULAR CITY COUNCIL MEETING: MARCH 20, 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: Eric Hulet 3. Local Business Report 4. Review proposed changes to the City's Lighting Ordinance No 5. Discuss all items on tonight's meeting agenda. No action will item will be considered during the Regular Session. REGULAR SESSION: Immediately-following the work session Call to order. 693 -B be taken and each 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. Section 551.071: Consultation with attorne 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. 2. Section 551.072: Deliberation reaarding real prope a. Discuss the potential purchase, lease or value of real property for city facilities and projects. 3. Section 551.087: Deliberation reaarding 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 March 20, 2012 Page 2 of 6 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 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 March 3, 2012 City Council meeting. B. Approve an annual renewal of Town Square street sweeping contract with Mid - Cities Sweepers Plus, Inc. C. Approve revisions to the Southlake Parks Development Corporation Matching Funds Policy. D. Approve an Encroachment and Joint Use Agreement for a stone column in the right of way at 308 St. Tropez Drive. E. Approve the 2012 Interlocal Agreement with the cities of Colleyville, Grapevine and Keller for the Metroport Teen Court Program. F. Ordinance No. 1029, Vt Reading, Establishing a Joint Utilization Committee, providing for the committee's purpose, and reaffirming a support for a joint utilization partnership with Carroll Independent School District. (If approved at first reading, the Public Hearing will be held on April 3, 2012.) G. Ordinance No. 480 -617 (ZAl2 -009), Zoning Change and Site Plan for Moayyad Medical Office Building on property described as Lot 4, H. Granberry No. 581 Addition an addition to the City of Southlake, Tarrant County, Texas; and located at 190 South White Chapel Boulevard, Southlake, Texas. Current Zoning: CS — Community Service Zoning District. Requested Zoning: S -P -1 — Detailed Site Plan Zoning District. SPIN Neighborhood #10. The Planning and Zoning Commission tabled this item at their March 8, 2012 meeting. Council will consider this item on April 3, 2012 City Council meeting. REGULAR AGENDA: City of Southlake values: Integrity ♦ Innovation + Accountability ♦ Commitment to Excellence ♦ Teamwork City of Southlake City Council meeting agenda March 20; 2012 Page 3 of 6 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 fake 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. 1027, 2 nd Reading, Adopt an ordinance to abandon a drainage easement located in the Larkin M. Chivers Survey, Abstract No. 300. PUBLIC HEARING B. Ordinance No. 1023, 2 nd Reading, an ordinance of the City of Southlake amending Chapter 10 "Health and Sanitation ", of the City of Southlake Code of Ordinances, as amended, by adding article VI, "Public Swimming Pools and Spas" to Chapter 10 and providing regulations. PUBLIC HEARING C. Ordinance No. 1028, 2 nd Reading, an ordinance of the City of Southlake amending Chapter 10 "Health and Sanitation ", Article III "Food Establishments" of the City of Southlake Code of Ordinances, as amended, by amending the regulations for food establishments. PUBLIC HEARING D. Ordinance No. 1022, 2 nd Reading, Approve an ordinance to amend the City of Southlake Land Use Plan. PUBLIC HEARING 7. Ordinances, first readings, and related items: A. Ordinance No 480 -616 (ZAl2 -004), 1 St Reading, Zoning Change and Development Plan for Westwyck Court, on property described as Tract 1A2, Ben J. Foster Survey, Abstract No. 519 and Tract 2A1, John Childress Heirs Survey, Abstract No. 253, City of Southlake, Tarrant County, Texas and being currently addressed as 1205 and 1255 Randol Mill Avenue, Southlake, Texas. Current Zoning: AG — Agricultural District and SF -1A — Single Family Residential District. Requested Zoning: R -PUD — Residential Planned Unit Development District. SPIN Neighborhood #5. City Council tabled this item at their March 6, 2012 City Council meeting. (If approved at first reading, the Public Hearing will be held on April 3, 2012.) 8. Resolutions: (There are no items on this agenda.) City of Southlake values. Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork City of Southlake City Council meeting agenda March 20, 2012 Page 4 of 6 9. Other items for consideration: A. Consider SV12 -004, Variance to the Master Sign Plan for Southlake Town Square Phase I and Sign Ordinance No. 704, as amended, for All American Family Fitness located at 1430 East Southlake Boulevard. 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, March 16, 2012 by 6:00 p.m., pursuant to the Texas Government Code, Chapter 551. e s Alicia Ri U • °oeoe.°° w +iisn...... 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 March 20, 2012 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. 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 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 March 20, 2012 Page 6 of 6 Section 418.183(D: 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(4)& (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