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2012-04-17REGULAR CITY COUNCIL MEETING: April 17, 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 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. a. Deliberate the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of the City Manager, City Secretary, City Attorney and Municipal Judge. 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 17, 2012 Page 2 of 6 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. Recognition of Southlake Carroll debate champions 3. Proclamation for Commissioner Gary Fickes 4. Proclamation for National Volunteer Week 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 April 3, 2012 City Council meeting. B. ZA12-012, Preliminary Plat for Lots 1 and 2, Block 1, Tower Plaza Addition, on property described as Tracts 3B and 3B01 and a portion of Tract 3D01, O.W. Knight Survey, Abstract No. 899, City of Southlake, Tarrant County, Texas and being currently addressed as 821, 829 and 835 E. Southlake Boulevard, Southlake, Texas. Current Zoning: S-P-1 - Detailed Site Plan District and AG - Agricultural District. SPIN Neighborhood # 9. C. ZA12-027, Plat Revision for Lot 1R, Block 2, Watermere at Southlake Addition, on property described as Lot 1, Block 2, Watermere at Southlake Addition and Lot 1, Block 1, Slayton Addition being an addition to the City of Southlake, Tarrant County, Texas and being located at 2813 and 2815 W. Southlake Blvd. Current Zoning: O1- Office District. SPIN Neighborhood # 11. D. Approve Residential Developers Agreement with Terra Land Management Company, Inc. for Shady Oaks Phase 2C & 2F. E. Ordinance No. 1031, 1st Reading, Adopt an ordinance to abandon an unused utility easement located in the Thomas Hood Survey, Abstract No. 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 17, 2012 Page 3 of 6 706. (If approved at first reading, the public hearing will be held on May 1, 2012.) F. Resolution No. 12-006A, Amend Election Order to include early voting polling locations, modify Election Day polling location and incorporate joint election contracts with Tarrant and Denton counties. G. 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 At the Zoning: DT - Downtown Zoning District. SPIN Neighborhood #8. request of the applicant, Council tabled the item at their April 3, 2012 meeting. Subsequently, the Planning and Zoning Commission tabled the item on April 5, 2012 to their April 19, 2012 meeting. The item and PUBLIC HEARING is scheduled to be considered by Council on May 1, 2012. H. Ordinance No. 480-617 (ZA12-009), 2nd Reading, 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 S. White Chapel Boulevard, Southlake, Texas. Current Zoning: CS – Community Service Zoning District. Requested Zoning: S-P-1 Detailed Site Plan Zoning District. SPIN PUBLIC HEARING. At the request of the applicant, Neighborhood # 10. this item is tabled to the May 1, 2012 City Council meeting. 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: A. ZA12-023, Site Plan for Florence Elementary School on property described as Tracts 1F and 1G, Jesse G. Allen Survey, Abstract No. 18, City of Southlake, Tarrant County, Texas; and located at 3095 Johnson Rd., Southlake, Texas. Current Zoning: CS Community Service District. PUBLIC HEARING SPIN Neighborhood # 11. 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 17, 2012 Page 4 of 6 B. Ordinance No. 480-IIII, 2nd Reading, Amendment to the Comprehensive Zoning Ordinance No. 480, as amended, as it pertains to temporary construction facilities and/or temporary sales facilities located on property PUBLIC HEARING under construction. 7. Ordinances, first readings, and related items: st A. Ordinance No. 480-618 (ZA11-066), 1 Reading, Zoning Change and Site Plan for Architectural Testing on property described as Lot 4, Block C, Commerce Business Park Addition, an addition to the City of Southlake, Tarrant County, Texas; and located at 2865 Market Loop, Southlake, Texas. Current Zoning: I-1- Light Industrial District. Requested Zoning: S- P-1- Detailed Site Plan District. SPIN Neighborhood # 8. (If approved on first reading, the public hearing will be held on May 1, 2012.) st B. Ordinance No. 480-481A (ZA12-015), 1 Reading, Zoning Change and Site Plan for Bicentennial Retail Plaza on property described as Lot 13, Littleberry G. Hall No. 686 Addition, an addition to the City of Southlake, Tarrant County, Texas, and located at 410 W. Southlake Boulevard, Southlake, Texas. Current Zoning: S-P-1 Detailed Site Plan Zoning District: Requested Zoning: S-P-1 Detailed Site Plan Zoning District. SPIN Neighborhood # 7. (If approved on first reading, the public hearing will be held on May 1, 2012.) 8. Resolutions: øÌ¸»®» ¿®» ²± ·¬»³ ±² ¬¸· ¿¹»²¼¿ò÷ 9. Other items for consideration: øÌ¸»®» ¿®» ²± ·¬»³ ±² ¬¸· ¿¹»²¼¿ò÷ 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, April 13, 2012 by 6:00 p.m., pursuant to the Texas Government Code, Chapter 551. ___________________________ Alicia Richardson, TRMC City Secretary 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 17, 2012 Page 5 of 6 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. 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. 8. Metro-Plex Underground, LP v. Ed Bell Construction and ARCH Insurance Company; Cause No. 048-258408-12 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. 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 17, 2012 Page 6 of 6 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. 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