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2012-06-05REGULAR CITY COUNCIL MEETING: June 5, 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. Present proposed median landscape plan for Kirkwood Boulevard tree planting plan for Brumlow Avenue; Pearson water storage/tank buffering and screening plan; and medians/landscaping plans for South Kimball and East Continental Boulevard. 4. Local Business Report 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 boards and commissions. c. Seek the advice of the city attorney regarding Section 7.30 of the City Charter—initiative, referendum and recall general authority. d. Seek the advice of the city attorney regarding Carroll Intermediate School (former site)—zoning and site plan regulations. 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 June 5, 2012 Page 2 of 7 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. b. Deliberate the appointment 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. Showcase in the Square (Crossmen) B. City Manager’s Report 1. Government Finance Officers Association (GFOA) Distinguished Budget Presentation Award 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 15, 2012 City Council meeting. B. Approve Residential Developer Agreement with Hines-GTIS Carillon, LLC, for Carillon Phases 2A-1, 2A-2, and 3A-1. C. Consider approval of Board and Commission Manual. D. Approve an interlocal purchasing agreement with the City of Lewisville. E. Approve an interlocal purchasing agreement with the Cities of Keller, Colleyville and Grapevine. 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 June 5, 2012 Page 3 of 7 F. Resolution No. 12-030, Allow the City of Southlake to adopt rules to ensure the identification, security and confidentiality of electronic bids or proposals and providing an effective date. G. Approve an agreement with SecureBid, LLC to allow acceptance of electronic bids and proposals. H. Resolution No. 12-031, Denying Atmos Energy Corp., Mid-Tex Division's ("Atmos Mid-Tex") requested rate change. I. Resolution No. 12-032, Appointing a Mayor Pro Tem and Deputy Mayor Pro Tem. J. Ordinance No. 1036, 1st Reading, abandon an unused easement located on Lots 57 and 58 in the Dove Estates Subdivision, John Heirs Childress Survey. ø×º ¿°°®±ª»¼ ¾§ Ý±«²½·´ô ¬¸» Ð«¾´·½ Ø»¿®·²¹ ©·´´ ¾» ¸»´¼ ±² Ö«²» ïçô îðïîò÷ K. Ordinance No. 1035, 1st Reading, Adopt an ordinance to transfer ownership of property and utility easements for the Trinity River Authority Kirkwood Lift Station and Force Main to the Trinity River Authority. (If approved at first reading, the public hearing will be held June 19, 2012.) L. Ordinance No. 480-619 (ZA12-007), 1st 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. At the request of the applicant, the Planning SPIN Neighborhood #8. and Zoning Commission tabled this item at their May 3 and May 17, 2012 meetings. Staff recommends tabling this item to the June 19, 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» ïçô îðïîô ¬¸» Ð«¾´·½ Ø»¿®·²¹ ©·´´ ¾» ¸»´¼ ±² ß«¹«¬ éô îðïîò÷ M. Resolution No. 11-031 (ZA11-016), Specific Use Permit for a Telecommunications Tower on property described as Tract 1G, H. Granberry Survey, Abstract 581, Southlake, Tarrant County, Texas and being located at 620 South White Chapel Boulevard, Southlake, Texas. The Current Zoning: AG – Agricultural District. SPIN Neighborhood #10. applicant previously requested that this item be tabled to the City Council meeting dated June 5, 2012. The applicant is requesting to table this item indefinitely. 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 June 5, 2012 Page 4 of 7 N. Ordinance No. 480-532a (ZA12-038), 1st Reading, Zoning Change and Development Plan for South Village at Watermere on property described as Tracts 4C and 6A2, J.G. Allen Survey, Abstract No. 18 and Lot 4R3, Block 1, Watermere at Southlake, an addition to the City of Southlake, Tarrant County, Texas and a portion of Tract 4D, J.G. Allen Survey, Abstract No. 18, and located at 2261, 2271 & 2451 Union Church Road and 451 Watermere Drive, Southlake, Texas. Current Zoning: R-PUD Residential Planned Unit Development District. Requested Zoning: R-PUD Residential Planned Unit Development District. SPIN Neighborhood #11. The Planning and Zoning Commission tabled this item at their May 17, 2012 meeting. Staff recommends tabling this item to the June 19, 2012 City Council meeting. øÌ¸» Ð«¾´·½ Ø»¿®·²¹ ©¿ °«¾´·¸»¼ º±® Ö«²» ïçô îðïîò ×º ¿°°®±ª»¼ ¿¬ ¬¸» º·®¬ ®»¿¼·²¹ ±² Ö«²» ïçô îðïîô ¬¸» Ð«¾´·½ Ø»¿®·²¹ ©·´´ ¾» ¸»´¼ ±² ß«¹«¬ éô 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: A. Ordinance No. 1032, 2nd Reading, Master Water Plan, a component of PUBLIC HEARING the Southlake 2030 Comprehensive Plan. B. Ordinance No. 1033, 2nd Reading, Adopt an ordinance to establish parking restrictions on the east side of Breezeway and Union Church PUBLIC HEARING between the 2200 and 3100 blocks of Union Church. 7. Ordinances, first readings, and related items: øÌ¸»®» ¿®» ²± ·¬»³ ±² ¬¸· ¿¹»²¼¿ò÷ 8. Resolutions: A. Resolution No. 12-033, Appointing members to serve on the Board of Directors of the Tax Increment Reinvestment Zone Number One, City of Southlake. B. Resolution No. 12-034, Appointing members to various positions on the Building Board of Appeals, Parks and Recreation Board, Planning and 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 June 5, 2012 Page 5 of 7 Zoning Commission, Southlake Parks Development Corporation, and Zoning Board of Adjustment. C. Resolution No. 12-037, Appointing a Chairman and Vice-Chairman to the Zoning Board of Adjustment. 9. Other items for consideration: A. Consider SV12-006, Variance to the Master Sign Plan for Southlake Town Square Phase I and Sign Ordinance 704, as amended, for All American Family Fitness located at 1430 East Southlake Blvd. B. Consider approval of Bob Jones Nature Center & Preserve Management Agreement with the Bob Jones Nature Center Organization. 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, June 1, 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 June 5, 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 June 5, 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