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Agenda CITY OF SOUTHLAKE TEXAS REGULAR CITY COUNCIL MEETING: September 20, 2011 LOCATION: 1400 Main Street, Southlake, Texas 76092 Council Chambers in Town Hall WORK SESSION: 5:30 P.M. 1. Call to order. 2. Invocation: Nino Elliott, Chaplain of the Month. 3. Presentation by Southlake Sister. Cities. 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. 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 subiect matter of this City Council meeting. 1. Section 551.071: Consultation with attorney 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 pending XTO and Energy Transfer Specific Use Permit, Gas Well Permit and Pipeline Permit applications. c. Seek the advice of the city attorney regarding boards and commissions. 2. Section 551.072: Deliberation regarding real property a. Discuss the potential purchase or lease of real property for city facilities and projects. 3. Section 551.074: Deliberation regarding personnel matters City of Southlake values: Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork City of Southlake City Council meeting agenda September 20, 2011 Page 2 of 7 a. Deliberate the appointments of city board and commission members. 4. Section 551.087: Deliberation regarding economic development negotiations a. Economic incentives for businesses. B. Reconvene: Action necessary on items discussed in Executive Session. 3. REPORTS: A. Mayor's Report 1. Update of upcoming meetings and events 2. Proclamation for National Preparedness Month 3. Proclamation for Southlake Tennis Center B. City Manager's Report 1. Ordinance Priority Schedule 2. Southlake Public Library written 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 September 6, 2011 City Council meeting. B. Approve the purchase of right of way and easements for Kimball Avenue improvements from the properties at 1480 -1620 North Kimball Avenue in the amount of $129,444. C. Approve Change Order No. 2 with Ed Bell Construction Company for the Kimball Avenue Improvement Project in the amount of $156,980.85. D. Resolution No. 11 -045, a resolution of the City of Southlake, Texas, and committing revenue sources for specific purposes and providing an effective date. E. Resolution No. 11 -046, Amend the fee schedule. F. Ordinance No. 480 -605 (ZA10 -067), 1 Reading, Zoning Change and Site Plan for Watermere Medical Plaza on property described as Lot 1, Block 1, Slayton Addition, Southlake, Tarrant County, Texas and being located at 2813 West Southlake Boulevard, Southlake, Texas. Current Zoning: City of Southlake values: Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork City of South lake City Council meeting agenda September 20, 2011 Page 3 of 7 SF -1A — Single Family Residential District. Requested Zoning: 01 — Office District. SPIN Neighborhood #11. THE APPLICANT HAS REQUESTED TO TABLE THIS ITEM UNTIL THE OCTOBER 4, 2011 CITY COUNCIL MEETING. (This item was previously tabled at the August 2, August 16, and September 6, 2011 City Council meetings.) G. Ordinance No. 544 -B, 2nd Reading, amending ordinance 544 -A, the City of Southlake's Landscape Ordinance. THIS ITEM AND PUBLIC HEARING IS ADMINISTRATIVELY TABLED TO THE OCTOBER 4, 2011 CITY COUNCIL MEETING. REGULAR AGENDA: 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 take 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. ZA11 -034, Site Plan for Stratfort Gardens Retail Center on property described as Lot 17, H. Granberry No. 581 Addition, Southlake, Tarrant County, Texas and being located at 445 West Southlake Boulevard, Southlake, Texas. Current Zoning: C2 - Local Retail Commercial District. SPIN Neighborhood #10. PUBLIC HEARING B. Ordinance No. 1014, 2nd Reading, Approve and adopt the Annual Budget for the Fiscal Year 2012 and approve the revised budget figures for the Fiscal Year 2011 and Multi -Year Capital Improvements Plan. PUBLIC HEARING C. Ordinance No. 1015, 2nd Reading, Tax Levy Ordinance. PUBLIC HEARING D. Ordinance No. 1009, 2nd Reading, Carroll /F.M. 1709 Small Area Plan, a component of the Southlake 2030 Land Use Plan. PUBLIC HEARING (This item was tabled by City Council at the September 6, 2011 meeting.) E. Ordinance No. 1010, 2nd Reading, Crooked /Kimball Small Area Plan, a component of the Southlake 2030 Land Use Plan. PUBLIC HEARING (This item was tabled by City Council at the September 6, 2011 meeting.) City of Southlake values: Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork City of Southlake City Council meeting agenda September 20, 2011 Page 4 of 7 F. Ordinance No. 1012, 2 d Reading, F.M. 1709/F.M. 1938 Corridor Sector Plan, an element of the Southlake 2030 Land Use Plan. PUBLIC HEARING 7. Ordinances, first readings, and related items: A. Ordinance No. 480 -439b (ZA11 -027), 1st Reading, Zoning Change and Site /Concept Plan for Cornerstone Business Park on property described as Lots 1 R, 2R1 R, 3R, 4R, and 5R1, Block 5, Comerstone Business Park, Southlake, Tarrant County, Texas and being located at 305, 405, 415, 505 and 515 South Nolen Drive, Southlake, Texas. Current Zoning: S -P -2 — General Site Plan District. Requested Zoning: S -P -2 — General Site Plan District. SPIN Neighborhood #8. (If approved on 1 Reading, the public hearing for this item will be held on October 4, 2011.) 8. Resolutions: A. Resolution No. 11 -042, Appoint members to the Building Board of Appeals, Joint Utilization Committee, Library Board, Parks and Recreation Board, Southlake Arts Council, Southlake Parks Development Corporation, Zoning Board of Adjustment and Southlake Program for the Involvement of Neighborhoods (S.P.I.N.). (This item was tabled by City Council at the September 6, 2011 meeting.) B. Resolution No. 11 - 043, Appoint members to the Crime Control and Prevention District. (This item was tabled by City Council at the September 6, 2011 meeting.) 9. Other items for consideration: A. Consider recognition options for Town Square developer Brian Stebbins. 10. Other items for discussion: A. Discuss Safety Town, 11. Meeting adjourned. City of Southlake values: Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork City of Southlake City Council meeting agenda September 20, 2011 Page 5 of 7 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, September 16, 2011 by 6:00 p.m., pursuant to the Texas Governms 1 Qode, 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. City of Southlake values: Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork City of Southiake City Council meeting agenda September 20, 2011 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. Cause No. 153 - 252281 -11; Southlake Taxpayers Against Neighborhood Drilling (STAND) vs. City of Southlake et al. 6. Todd Tracy, et al. vs. City of Southlake. May 2011. 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 September 20, 2011 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. City of Southlake values: Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork