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2012-10-16CITY OF SOUTHLAI<,,,E TEXAS REGULAR CITY COUNCIL MEETING: October 16, 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 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 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 concerning the North Kimball Avenue construction contract. b. Seek the advice of the city attorney regarding legal issues potentially affecting the authority and liability of municipalities in the upcoming Texas legislative session. 2. Section 551.072: Deliberation regarding real property a. Discuss the potential purchase or lease of real property for city facilities and projects -925 Randol Mill Avenue. B. Reconvene: Action necessary on items discussed in Executive Session. 3. REPORTS: A. Mayor's Report City of Southlake values: Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork City of Southlake City Council meeting agenda October 16, 2012 Page 2 of 7 B. City Manager's Report 1. Ordinance Priority Schedule 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 October 2, 2012 City Council meeting and October 8, 2012 Special City Council meeting. B. ZAl2 -060, Plat Showing for Lots 35 and 36, F. Throop No. 1511 Addition, being described as Tracts 3A01J4, 3A01J3 and 3A01J, Francis Throop Survey, Abstract No. 1511, Tarrant County, Southlake, Texas, located at 1287 Sunshine Lane, 1700 and 1750 East Highland Street, Southlake, Texas. SPIN #4. C. Resolution No. 12 -038, Authorize the City Manager or her designee to enter into Cooperative Purchasing agreements with other governmental entities and other cooperative purchasing organizations; and providing an effective date. D. Resolution No. 12 -047, Reaffirm support for a joint utilization partnership with the Carroll Independent School District, set forth the purpose and governance structure of the program, and sunset the previously- appointed seven member joint utilization committee. E. Approve annual support and maintenance agreement with Accela Inc. in the amount of $71,774.54. F. Ordinance No. 480 -620 (ZAl2 -030), 1 St Reading, Zoning Change and Site Plan for Marshall Creek Ranch on property described as Tract 7A, R. D. Price Survey, Abstract No. 992A, City of Southlake, Denton County, Texas, and located at 4401 T. W. King Rd., Southlake, Texas. Current Zoning: AG — Agricultural District. Requested Zoning: S -P -2 Generalized Site Plan Zoning District. SPIN Neighborhood #1. This item was tabled by the applicant at the Planning and Zoning Commission meeting on June 7, 2012 and July 19, 2012 and is requested to be tabled at the October 4, 2012 to the November 8, 2012 meeting. (If the Planning and Zoning Commission recommends moving the item to City Council at their November 8, 2012 meeting, the first reading for this item will be scheduled City of Southlake values: Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork City of Southlake City Council meeting agenda October 16, 2012 Page 3 of 7 for December 4, 2012 and public hearing will be held on January 15, 2013). G. ZAl2 -070, Revised Site Plan for The Hills Church on property described as Lot 1 R1, Brock Addition, City of Southlake, Tarrant County, Texas; and located at 2417 and 2501 W. Southlake Boulevard, Southlake, Texas. Current Zoning is "CS" Community Service District. SPIN #11. The applicant has withdrawn this item. H. ZAl2 -069, Site Plan for Carillon Amenity Center on property described as a portion of Tracts 2 and 3A01, Larkin H Chivers Survey; Abstract No. 300, City of Southlake, Tarrant County, Texas located at 1700 and 1800 N. Carroll Ave., Southlake, Texas. Current Zoning: ECZ — Employment Center Zoning District. SPIN #3. This item was tabled by the applicant at the October 4, 2012 Planning and Zoning Commission meeting to the October 18, 2012 meeting. (If the Planning and Zoning Commission recommends moving item to City Council at their October 18, 2102 meeting, the public hearing will be held on November 6, 2012.) 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. ZAl2 -076, Site Plan for N3 Real Estate on property described as Lot 2A, Block 3, Diamond Circle Estate Addition, an addition to the City of Southlake, Tarrant County, Texas located at 620 E. Southlake Blvd., Southlake, Texas. Current Zoning: C2 — Local Retail Commercial District. SPIN #7. PUBLIC HEARING B. Resolution No. 12 -046 (ZAl2 -084), Specific Use Permit for telecommunication tower, antennas and ancillary buildings on property described as Lot 1, Block A, Oien Addition, Southlake, Tarrant County, Texas, located at 3700 N. White Chapel Boulevard, Southlake, TX. SPIN #1. PUBLIC HEARING 7. Ordinances, first readings, and related items: City of Southlake values. Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork City of Southlake City Council meeting agenda October 16, 2012 Page 4 of 7 A. Ordinance No. 480 -447a (ZAl2 -075), 1 Reading, Zoning Change and Site Plan for Clearview Eyecare and Laser Center on property described as Lot B, Block B, Briarwood Estates, City of Southlake, Tarrant County, Texas, located at 1980 East State Highway 114, Southlake, Tarrant County, Texas. Current Zoning: S -P -1- Detailed Site Plan District. Proposed Zoning: S -P -1- Detailed Site Plan District. SPIN #4. (If approved, the public hearing will be held on November 6, 2012). B. Ordinance No. 1049 (CP12 -005), 1 Reading, Land Use Plan Amendment from Low Density Residential to Medium Density Residential on property described as James L. Chivers, Survey, Tracts 2D01 and 2D01A, Abstract No. 348, City of Southlake, Tarrant County, Texas, located at 930 E. Dove Rd., Southlake, Tarrant County, Texas Current Zoning: SF -1A- Single Family Residential Zoning District. Proposed Zoning: R -PUD — Residential Planned Unit Development. SPIN #2. (If approved, the public hearing will be held on November 6, 2012). C. Ordinance No. 480 -627 (ZAl2 -083), 1 Reading, Zoning Change and Development Plan for Oak Bend on property described as James L. Chivers, Survey, Tracts 2D01 and 2D01A, Abstract No. 348, City of Southlake, Tarrant County, Texas, located at 930 E. Dove Rd., Southlake, Tarrant County, Texas. Current Zoning: SF -1A- Single Family Residential Zoning District. Proposed Zoning: R -PUD — Residential Planned Unit Development. SPIN #2. (If approved, the public hearing will be held on November 6, 2012). 8. Resolutions: (There are no items on this agenda) 9. Other items for consideration: (There are no items on this agenda) 10. Other items for discussion: (There are no items on this agenda) 11. Meeting adjourned. CERTIFICATE I hereby certify that the above agenda was posted on the official bulletin boards at Town Hall, 1400 Main Street, Southlakp „Texas, on Friday, October 12, 2012 by 6:00 p.m., pursuant to the Texas Govern +t 'o� 551. �© �•,,...aa• i •• •a • 1 Alicia Richardson, TRMC y } , City Secretary +''• •••• • f f. {!Ill : *I T y l City of Southlake values: Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork City of Southlake City Council meeting agenda October 16, 2012 Page 5 of 7 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 Southlake City Council meeting agenda October 16, 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 9. James & Kathleen Farley v. Mark Wilson, National Carriers, Inc., and City of Southlake; Cause No. 09- 15791. 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. City of Southlake values: Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork City of Southlake City Council meeting agenda October 16, 2012 Page 7 of 7 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. City of Southlake values: Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork