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Agenda CITY OF SOUTHLAKE TEXAS REGULAR CITY COUNCIL MEETING: December 6, 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: David Whitington, Chaplain of the Month 3. "Town Hall on Demand" Demonstration 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 subject 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 City of Southlake v. Jeff Massey, et al; Cause No. 2011- 008865 -3. 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, lease or value of real property for city facilities and projects. 3. Section 551.087: Deliberation regarding economic development negotiations a. Economic incentives for businesses. City of Southlake values: Integrity • Innovation • Accountability • Commitment to Excellence • Teamwork City of Southlake City Council meeting agenda December 6, 2011 Page 2 of 8 B. Reconvene: Action necessary on items discussed in Executive Session. 3. REPORTS: A. Mayor's Report 1. Proclamation — Carroll Cross Country Track Team 2. Update of upcoming meetings and events 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 minutes from the August 23 and November 15, 2011 City Council meetings. B. Approve a Community Events Participation Agreement with GreenFellows, Inc. for the 2012 Southlake Green Fest event in the amount of $697.28. C. Award construction contract for TW King Ground Storage Tank Repair and Painting to MK Painting, Inc. in the amount of $698,100. D. Approve the option to extend the current contract with Signature Contracting Services as the primary contract for landscape maintenance services for Group 5 in the amount not to exceed $15,000 and as the alternate contract award for Group 4 landscape services for 2012. E. Approve the option to extend the current contract with O'Donnell's Landscape Services as the primary contract for landscape maintenance services for Groups 2, 3, 4, 6 and 7 in the amount not to exceed $275,000 and as the alternate contract award for Group 1 and 5 for landscape maintenance services. F. Approve the option to extend the current contract with Dyna -Mist Irrigation Company as the primary contract for landscape services for Group 1 in the amount not to exceed $120,000 and as the alternate contract award for Groups 2, 3, and 6 for landscape services. G. Approve Amendment No. 2 to the Engineering Agreement with Nathan D. Maier Consulting Engineers, Inc. for White Chapel Boulevard from Highland to State Highway 114 in the amount of $173,827.00. City of Southlake values: Integrity ♦ Innovation • Accountability ♦ Commitment to Excellence • Teamwork City of Southlake City Council meeting agenda December 6, 2011 Page 3 of 8 H. Approve a proposal from Hines Group for art work in Carillon development. I. Approve an agreement with Facility Solutions Group to upgrade the remaining decorative Tight fixtures at three intersections on State Highway 114 in the amount of $57,512. J. Resolution No. 11 -052, cast vote for Denton Central Appraisal District (DCAD) Board of Director candidate. K. Resolution No. 11 -053, cast vote for Tarrant Appraisal District (TAD) Board of Director candidate. L. Resolution No. 11 -031 (ZA11 -016), Specific Use Permit for a Telecommunications Tower on property described as Tract 1G, H. Granberry Survey, Abstract No. 581, Southlake, Tarrant County, Texas and being located at 620 South White Chapel Boulevard, Southlake, Texas. Current Zoning: AG — Agricultural District. SPIN Neighborhood #10. THIS ITEM IS ADMINISTRATIVELY TABLED TO THE FEBRUARY 7, 2012 CITY COUNCIL MEETING. (City Council was originally scheduled to discuss this item on June 21, 2011; the applicant requested to table the item to the September 8, 2011 Planning and Zoning Commission meeting; the Planning and Zoning Commission at their November 17, 2011 meeting, tabled the item to their January 19, 2012 meeting. The public hearing for this item was scheduled for December 6, 2011. The public hearing will be republished for a later date.) M. Ordinance No. 1017 (CP11 -001), 1 Reading, Land Use Plan Amendment from Low Density Residential to Office Commercial on property described as Tracts 2C26 and 2C27, J.G. Allen Survey, Abstract No. 18, Southlake, Tarrant County, Texas and located at 180 and 190 Jellico Circle, Southlake, Texas. Current Zoning: SF -1A — Single Family Residential Zoning District. Proposed Zoning: 01 — Office Zoning District. SPIN Neighborhood #11. THIS ITEM IS ADMINISTRATIVELY TABLED TO THE JANUARY 3, 2012 CITY COUNCIL MEETING. This item was tabled by the Planning and Zoning Commission at their November 17, 2011 meeting. (If a recommendation is made by the Planning and Zoning Commission on December 8, 2011; the City Council will consider the first reading of the ordinance on January 3, 2012. The public hearing for this item was originally scheduled for December 6, 2011. The public hearing will be republished for a later date.) N. Ordinance No. 480 -612 (advertised as Ordinance No. 612) (ZA11 -037), 1 Reading, Zoning Change and Site Plan for Jellico Chase Office Park on property described as Tracts 2C26 and 2C27, J.G. Allen Survey, Abstract City of Southlake values: Integrity • Innovation • Accountability • Commitment to Excellence • Teamwork City of Southlake City Council meeting agenda December 6, 2011 Page 4 of 8 No. 18, Southlake, Tarrant County, Texas and located at 180 and 190 Jellico Circle, Southlake, Texas. Current Zoning: SF -1A — Single Family Residential Zoning District. Requested Zoning: 01 — Office Zoning District. SPIN Neighborhood #11. THIS ITEM IS ADMINISTRATIVELY TABLED TO THE JANUARY 3, 2012 CITY COUNCIL MEETING. This item was tabled by the Planning and Zoning Commission at their November 17, 2011 meeting. (If a recommendation is made by the Planning and Zoning Commission on its December 8, 2011 meeting; the City Council will consider the first reading of the ordinance on January 3, 2012. The public hearing for this item was originally scheduled for December 6, 2011. The public hearing will be republished for a later date.) 0. Ordinance No. 480 -610 (ZA11 -057), 2nd Reading, Zoning Change and Site Plan for Gateway Church Addition on property described as Lot 1 R, Block 1, Gateway Church Addition, an addition to the City of Southlake, Tarrant County, Texas and currently addressed as 2121 East Southlake Boulevard, Southlake, Texas. Current Zoning: CS — Community Service District. Requested Zoning: S -P -1 — Detailed Site Plan District. SPIN Neighborhood #8. THE APPLICANT HAS REQUESTED TO WITHDRAW THIS ITEM. 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. Ordinance No. 1019, 2nd Reading, Authorize the sale of City owned property at 4429 Soda Ridge Road in the amount of $9,125.00. PUBLIC HEARING B. Ordinance No. 544 -B, 2nd Reading, amending ordinance no. 544 -A, the City of Southlake's Landscape Ordinance. PUBLIC HEARING (This item was previously tabled by City Council at their September 20 and October 4, 2011 meetings.) C. Ordinance No. 1018, 2nd Reading, providing for the taxation of goods -in- transit exempt under Section 11.253 of the Texas Tax Code; providing a repealer clause; providing a severability clause; and providing an effective date. PUBLIC HEARING City of Southlake values: Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork City of Southlake City Council meeting agenda December 6, 2011 Page 5 of 8 D. Approve a variance to the Masonry Ordinance No. 557 -A, for two portable buildings at Eubanks Intermediate School, being described as Lot 1R, Block 1, Carroll ISD No. 4 Addition and being located at 500 South Kimball Avenue. Current Zoning: CS Community Service District. SPIN Neighborhood #8. PUBLIC HEARING E. Ordinance No. 1016, 2 Reading, Southlake Arts Master Plan, a component of the Southlake 2030 Plan. PUBLIC HEARING F. Ordinance No. 480 -556A (advertised as Ordinance No. 613), 2 Reading, (ZA11 -051), Zoning Change and Site Plan for Bosworth Offices on property described as Lots 2R1, 2R2, 2R3 and 2R4, Brewer Industrial Addition, Southlake, Tarrant County, Texas and located at 1900 -1930 East State Highway 114, Southlake, Texas. Current Zoning: S -P -1 — Detailed Site Plan Zoning District. Requested Zoning: S -P -1 — Detailed Site Plan Zoning District. SPIN Neighborhood #4. PUBLIC HEARING G. ZA11 -058, Site Plan for Forest Park Medical Center Southlake on property described as the remainder of Block 1, Brightbill Addition, an addition to the City of Southlake, Tarrant County, Texas and Tracts 3E1A, 3E1B and 3E1C, Larkin H. Chivers Survey, Abstract No. 300, Southlake, Tarrant County, Texas and being located at 335 East State Highway 114 and 440 East Highland Street, Southlake, Texas. Current Zoning: S -P -2 — General Site Plan District. SPIN Neighborhood #7. PUBLIC HEARING H. Approve a variance to the Masonry Ordinance No. 557 -A for construction office buildings at Forest Park Medical Center Southlake on property described as the remainder of Block 1, Brightbill Addition, an addition to the City of Southlake, Tarrant County, Texas and Tracts 3E1A, 3E1B and 3E1C, Larkin H. Chivers Survey, Abstract No. 300, Southlake, Tarrant County, Texas and located at 335 East State Highway 114 and 440 East Highland Street, Southlake, Texas. Current Zoning: S -P -2 — General Site Plan District. SPIN Neighborhood #7. PUBLIC HEARING I. ZA11 -059, Site Plan for Mellow Mushroom on property described as Lot 3, Block 1, Gateway Plaza Addition, Southlake, Tarrant County, Texas and being located at 2820 East Southlake Boulevard, Southlake, Texas. Current Zoning: S -P -2 — General Site Plan Zoning District. SPIN Neighborhood #8. PUBLIC HEARING 7. Ordinances, first readings, and related items: (There are no items on this agenda.) 8. Resolutions: (There are no items on this agenda.) 9. Other items for consideration: (There are no items on this agenda.) City of Southlake values: Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork City of Southlake City Council meeting agenda December 6, 2011 Page 6 of 8 10. Other items for discussion: A. Discuss a mitigation /replacement policy for commercial and residential properties with landscape requirements. 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, December 2, 2011 by 6:00 p.m., pursuant to the Texas Government Code, Chapter 551. ` Pti,I C 1 2Q 13kS : v City Sccrctary epu.tty Citysec •''• • '' ,1 ,,`,. ,,, 't 11 If you plan to attend this public meeting and have 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 Southlake City Council meeting agenda December 6, 2011 Page 7 of 8 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. 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 December 6, 2011 Page 8 of 8 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