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2012-04-03REGULAR CITY COUNCIL MEETING: April 3, 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: Bob Mason, Chaplain of the Month 3. Local Business Report 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. 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 Carroll Senior High School (1501 West Southlake Boulevard) – zoning and site plan regulations. c. Seek the advice of the city attorney regarding boards and commissions. d. Seek the advice of the city attorney regarding response to Attorney General ruling OR2012-03265. Section 551.072: Deliberation regarding real property 2. a. Discuss the potential purchase, lease or value of real property for city facilities and projects. 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 April 3, 2012 Page 2 of 7 Section 551.074: Deliberation regarding personnel 3. 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 2. Proclamation for Southlake Carroll boys and girls swim team 3. Proclamation for National Library Week B. City Manager’s Report 1. Website migration project 2. Lean Six Sigma training 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 March 20, 2012 City Council meeting. st B. Ordinance No. 480-IIII, 1 Reading, Amend the Comprehensive Zoning Ordinance No. 480, as amended, as it pertains to temporary construction facilities and/or temporary sales facilities located on property under (If approved at first reading, a public hearing will be construction. held on April 17, 2012.) C. Approve a Community Event Participation Agreement with the Southlake Chamber of Commerce for the 2012 Oktoberfest event. D. Renew annual contact for janitorial services to Regent Services in the amount of $148,652. E. Approve an interlocal agreement with Tarrant County to assist in the reconstruction of Lonesome Dove Avenue. 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 April 3, 2012 Page 3 of 7 F. Approve the 2011 Comprehensive Annual Financial Report. G. Resolution No. 12-020, Appoint members to the Southlake 2030 Mobility Plan Committee. Approve absences for a Planning and Zoning Commissioner. H. I. Resolution No. 12-023 (ZA12-024), Specific Use Permit to allow Bars or Taverns for The Ginger Man on property described as Lot 3R, Block 22, Southlake Town Square Addition, Southlake, Tarrant County, Texas and located at 1512 East Southlake Boulevard, Southlake, Texas. Current Zoning: DT – Downtown Zoning (This item has been tabled by staff until District. SPIN Neighborhood # 8. April 17, 2012) 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 480-616 (ZA12-004), 2 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. PUBLIC HEARING B. ZA12-013, Preliminary Plat for Lots 1-3, Block 1, Westwyck Court Addition, 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 Ave., Southlake, Texas. Current Zoning: AG – Agricultural District and SF-1A – Single Family Residential District. SPIN Neighborhood # 5. C. ZA12-003, Site Plan on property described as Lot 3R2R, Block 1, Timarron Golf Course, an addition to the City of Southlake, Tarrant 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 April 3, 2012 Page 4 of 7 County, Texas; and located at 1400 Byron Nelson Parkway, Southlake, Texas. Current Zoning: R-PUD – Residential Planned Unit Development PUBLIC HEARING District. SPIN Neighborhood #9. D. Resolution No. 12-016 (ZA12-016), Specific Use Permit for a Columbarium (Cemetery Use) at White’s Chapel United Methodist Church, on property described as Lot 1R, Block 1, White Chapel Methodist Church Addition an addition to the City of Southlake, Tarrant County, Texas and currently addressed as 185 South White Chapel Boulevard, Southlake, Texas. Current Zoning: CS – Community Service Zoning District. SPIN PUBLIC HEARING Neighborhood #9. E. Resolution No. 12-022 (ZA12-022), Specific Use Permit to allow Kennels at Southlake Crossing Animal Clinic on property described as Lot 4R1, J.G. Allen No. 18 Addition, Southlake, Tarrant County, Texas and located at 2320 West Southlake Boulevard, Southlake, Texas. Current Zoning: C- 3 – General Commercial Zoning District. SPIN Neighborhood #11. PUBLIC HEARING nd F. Ordinance No. 1029, 2 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 This item has been tabled indefinitely by staff. District. 7. Ordinances, first readings, and related items: A. Ordinance No. 480-617 (ZA12-009), 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. (If approved at first reading, a public hearing SPIN Neighborhood #10. will be held on April 17, 2012.) 8. Resolutions: A. Resolution No. 12-024, Appoint a member to the Zoning Board of Adjustment. B. Resolution No. 12-025, Appoint a Chairman and Vice Chairman for the Zoning Board of Adjustment. 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 April 3, 2012 Page 5 of 7 9. Other items for consideration: A. ZA12-021, Plat Revision for Lots 12BR1 and 12BR2, Block 1, Cedar Oaks Estates Addition, on property described as Lots 12B and 12B1, Block 1, Cedar Oaks Estates Addition being an addition to the City of Southlake, Tarrant County, Texas and being located at 1525 and 1535 Oak Lane. Current Zoning: SF-1A – Single Family Residential District. SPIN Neighborhood # 5. B. Consider approval of Southlake Tennis Center Management agreement. 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, March 30, 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 April 3, 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 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. 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 April 3, 2012 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. Ý·¬§ ±º Í±«¬¸´¿µ» ª¿´«»æ ×²¬»¹®·¬§ ×²²±ª¿¬·±² ß½½±«²¬¿¾·´·¬§ Ý±³³·¬³»²¬ ¬± Û¨½»´´»²½» Ì»¿³©±®µ