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2012-05-15REGULAR CITY COUNCIL MEETING: May 15, 2012 LOCATION: 1400 Main Street, Southlake, Texas 76092 Council Chambers in Town Hall WORK SESSION: 4:00 P.M. 1. Call to order. 2. Invocation: Chris Hatchett, Chaplain of the Month 3. Boards and Commissions management system 4. Water conservation and restriction enforcement 5. Strategic Focus Discussion: A. Mobility – Vehicular and Mobility B. Infrastructure C. Quality Development D. Volunteerism E. Partnerships – Community F. High Performance Management G. Safety & Security H. City Values 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. 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. 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 May 15, 2012 Page 2 of 7 c. Seek the advice of the city attorney regarding permitted uses and activities with particular zoning classification. 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. 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. Proclamation – Motorcycle Safety and Awareness Month 2. Recognition – Carroll students accepted to military academy B. City Manager’s Report 1. Presentation of Texas ASLA Merit Award for Bicentennial Park Phase 1 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 May 1, 2012 City Council meeting. B. Approve purchase of replacement fuel storage tanks and related fueling equipment utilizing a Department of Energy American Recovery and Reinvestment Act (ARRA) Grant facilitated through the North Central Texas Council of Governments (NCTCOG) in the amount of $142,000 from Stovall Electric. C. Approve Amendment No. 1 to the engineering agreement with Transystems, Inc. for FM 1938 Phase 2 landscaping design in the amount of $67,833. 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 May 15, 2012 Page 3 of 7 D. Approve naming of Westwood Connector as Wood Way. E. Approve the purchase of 21 mobile radios from Motorola Solutions in the amount of $64,176. F. Approve a contract in the amount of $853,324 with Motorola for the upgrade of the NETCO radio system and approve a $170,560 NETCOM dispatch console upgrade expense with the City of Keller. G. Resolution No. 12-028, approving and authorizing publication of notice of intention to issue Certificates of Obligation, Series 2012 for capital improvement projects. st H. Ordinance No. 1033, 1 Reading, adopt an ordinance to establish parking restriction on the east side of Breezeway and Union Church between the 2200 and 3100 blocks of Union Church. I. Ordinance No. 1032, 1st Reading, Water System Master Plan, a component of the Southlake 2030 Comprehensive Plan. ø×º ¿°°®±ª»¼ô ¬¸» Ð«¾´·½ Ø»¿®·²¹ ©·´´ ¾» ¸»´¼ ±² Ö«²» ëô îðïî÷ò st J. Ordinance No. 480-619 (ZA12-007), 1 Reading, Zoning Change and Site Plan for Nolen Office Park on property described as Tract 11A, Thomas Easter Survey, Abstract No. 474, Southlake, Tarrant County, Texas and located at 300 S. Nolen Dr., Southlake, Texas. Current Zoning: AG Agricultural District. Requested Zoning: S-P-1 Detailed Site Plan District. On May 3, 2012, the Planning and Zoning SPIN Neighborhood #8. Commission tabled this item to their May 17, 2012 meeting. Staff recommends tabling this item to the June 5, 2012 City Council meeting. øÌ¸» Ð«¾´·½ Ø»¿®·²¹ ©¿ °«¾´·¸»¼ º±® Ö«²» ëô îðïîò ×º ¿°°®±ª»¼ ¿¬ ¬¸» º·®¬ ®»¿¼·²¹ ±² Ö«²» ëô îðïîô ¬¸» Ð«¾´·½ Ø»¿®·²¹ ©·´´ ¾» ¸»´¼ ±² Ö«²» ïçô îðïîò÷ 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: 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 May 15, 2012 Page 4 of 7 nd A. Ordinance No. 480-187C (ZA12-034), 2 Reading, Zoning Change and Site Plan for 280 Sports on property being described as Lot 2R, Block B, Commerce Business Park, an addition to the City of Southlake, Tarrant County, Texas, and being located at 280 Commerce Street, Southlake, Texas. Current Zoning: S-P-1 Detailed Site Plan District. Requested PUBLIC Zoning: S-P-1 Detailed Site Plan District. SPIN Neighborhood #8. HEARING nd B. Ordinance No. 480-338D (ZA12-035), 2 Reading, Zoning Change and Site Plan for the Carroll Independent School District Senior High School on property being described as Lot 1, Block 1, Carroll Senior High School Addition, an addition to the City of Southlake, Tarrant County, Texas and being located at 1501 W. Southlake Blvd., Southlake, Texas. Current Zoning: S-P-1 Detailed Site Plan District. Requested Zoning: S-P-1 PUBLIC HEARING Detailed Site Plan District. SPIN Neighborhood #10. nd C. Ordinance No. 693-C 2 Reading, approve an ordinance to amend the PUBLIC HEARING City of Southlake Lighting Ordinance No. 693- B. D. Approval of amended Fiscal Year 2012 Crime Control and Prevention District annual operating budget and multi-year capital improvement PUBLIC HEARING program. E. Approve guaranteed maximum price in the amount of $13,315,693 with Lee Lewis Construction for the construction of the Department Public Safety North training facility. F. Ordinance No. 598-E, 2nd Reading, approve Ordinance No. 598-E and related exhibits, revising aspects of the Southlake Program for the Involvement of Neighborhoods (SPIN) Code of Conduct and replacing PUBLIC HEARING Ordinance No. 598-D. G. Consider recommendation from the SPIN Standing Committee regarding Code of Conduct complaint. 7. Ordinances, first readings, and related items: øÌ¸»®» ¿®» ²± ·¬»³ ±² ¬¸· ¿¹»²¼¿ò÷ 8. Resolutions: øÌ¸»®» ¿®» ²± ·¬»³ ±² ¬¸· ¿¹»²¼¿ò÷ 9. Other items for consideration: A. Consider SV12-005, variance to Sign Ordinance No. 704, as amended, for Bottlecap Alley located at 2150 E. S.H. 114. 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 May 15, 2012 Page 5 of 7 B. Consider approval of the Bob Jones Nature Center & Preserve 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, May 11, 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 May 15, 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. 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. 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 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 May 15, 2012 Page 7 of 7 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