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2013-03-05lugCITY OF SOUTHLAK.E TEXAS REGULAR CITY COUNCIL MEETING: March 5, 2013 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. Update from Darcy Deno, Southlake Women's Club 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 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 the city attorney a. Seek advice of the city attorney regarding regulations and requirements associated with handbill distribution by solicitors and canvassers related with the City of Southlake Code of Ordinances, Part II, Subpart A, Chapter 13. b. Seek advice of the city attorney regarding proposed legislation. 2. Section 551.087: Deliberation regarding economic development negotiations a. Economic incentives for businesses B. Reconvene: Action necessary on items discussed in Executive Session. City of Southlake values.- Integrity alues:Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork City of Southlake City Council meeting agenda March 5, 2013 Page 2 of 7 3. REPORTS: A. Mayor's Report B. City Manager's Report 1. Recognition of the Southlake Police Department 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 February 6, 2013 City Council Workshop and February 19, 2013 City Council meeting. B. Approve contract renewal with Regent Services (Southlake Leasing) for janitorial services in the amount of $148,652. C. Approve permit for Carroll Independent School District (CISD) Art Exhibit in Town Hall during April 26-28, 2013. D. Approve Metroport Teen Court Interlocal Agreement for Fiscal Year 2012- 2013 E. Approve School Resource Officers Agreement with Carroll Independent School District F. Ordinance No. 1060, 1St Reading, Parks, Recreation & Open Space I Community Facilities Master Plan, a component of the Southlake 2030 Comprehensive Plan. (If approved at first reading, the Public Hearing will be held on March 19, 2013.) G. Consider Resolution No. 13-013, Opposing House Bill 1496, which severely limits the City's authority to regulate mineral exploration, production and development within its territorial limits. H. ZA13-008, Site Plan for the Shaddock Office Building on property being described as Lot 3, Block 1, Gumm Scifres Addition an addition to the City of Southlake, Tarrant County, Texas and located at 131 South Village Center Drive, Southlake, Texas. Current Zoning: 01 — Office Zoning District. SPIN #8. (On February 21, 2013, the Planning and Zoning Commission tabled this item to their March 7, 2013 meeting. If approved, Council will consider and conduct the public hearing at their March 19, 2013 meeting. ) City of Southlake values.- Integrity alues:Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork City of Southlake City Council meeting agenda March 5, 2013 Page 3 of 7 ZA13-009, Site Plan for Del Frisco's Grille on property being described as Lot 3, Block 1 R, Southlake Town Square Addition, City of Southlake, Tarrant County, Texas and being located at 140 State Street, Southlake, Texas. Current Zoning: DT- Downtown District. SPIN #8. (On February 21, 2013, the Planning and Zoning Commission tabled this item to their March 7, 2013 meeting. If approved, Council will consider and conduct the public hearing at their March 19, 2013 meeting. ) J. ZA13-014, Plat Revision for Lot 3R and Lot 5, Block 1 R, Southlake Town Square Addition, on property described as Lot 3, Block 1 R, Southlake Town Square Addition, City of Southlake, Tarrant County, Texas and being located at 140 State Street, Southlake, Texas. Current Zoning: DT - Downtown District. SPIN #8. (On February 21, 2013, the Planning and Zoning Commission tabled this item to their March 7, 2013 meeting. If approved, Council will consider and conduct the public hearing at their March 19, 2013 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. Ordinance 1051 (CP12-004), 2nd Reading, Land Use Plan Amendment from Mixed Use and Low Density Residential to Medium Density Residential on property described as Tracts 1B, 1132, 1132A, 1 B2A1, 1 B2A2, 2A, 2B, 2C, 3, 4A, 4A1, 4A2, 4A3, 4B, 4131, 4132, 5A, 5A1, 5A1 A, 5B, 5C, 6A, 6A1, 6A1A, 6A2, 6A2A, and 6B, R.P. Estes Subdivision and Tracts 1B, 1131, 1131A, 1 B 1 A1, 113113, 1131131, 1131C, 1131D, and 1132, T. Martin Survey, Abstract No. 1134, City of Southlake, Tarrant County, Texas; and generally located at the northwest corner of West Dove Road and State Highway 114, Southlake, Tarrant County, Texas. The current zoning is "NR -PUD" Non Residential Planned Unit Development, "AG" Agricultural District and "SP -1" Detailed Site Plan District. The requested zoning is "R -PUD" Residential Planned Unit Development. SPIN #5. PUBLIC HEARING City of Southlake values.- Integrity alues:Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork City of Southlake City Council meeting agenda March 5, 2013 Page 4 of 7 B. Ordinance 480-628 (ZA12-088), 2nd Reading, Zoning Change and Development Plan for Savannah Estates on property described as Tracts 1 B, 1 B2, 1 B2A, 1 B2A1, 1 B2A2, 2A, 2B, 2C, 3, 4A, 4A1, 4A2, 4A3, 4B, 4131, 4132, 5A, 5A1, 5A1 A, 5B, 5C, 6A, 6A1, 6A1 A, 6A2, 6A2A, and 6B, R.P. Estes Subdivision and Tracts 1 B, 1 B1, 1 B1A, 1 B1A1, 1 B1 B, 1 B1 B1, 1131C, 1131D, and 1132, T. Martin Survey, Abstract No. 1134, City of Southlake, Tarrant County, Texas; and generally located at the northwest corner of West Dove Road and State Highway 114, Southlake, Tarrant County, Texas. The current zoning is "NR -PUD" Non Residential Planned Unit Development, "AG" Agricultural District and "SP -1" Detailed Site Plan District. The requested zoning is "R -PUD" Residential Planned Unit Development. SPIN #5. PUBLIC HEARING 7. Ordinances, first readings, and related items: A. Ordinance No. 480-JJJJ, 1St Reading, Amendment to the Comprehensive Zoning Ordinance No. 480, as amended, as it pertains to building color. (/f approved, at first reading, the Public Hearing will be held on March 19, 2013.) 8. Resolutions: (There are no items on this agenda.) 9. Other items for consideration: A. SV12-015, Sign Variance to Ordinance 704, as amended, for Magic Exxon (Texaco) located at 110 West Southlake Boulevard, Southlake, Texas. B. MSP13-002, Master Sign Plan for Forest Park Medical Center located at 335 East State Highway 114, Southlake, Texas. 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, Southlake, Texas, on Friday, March 1, 2013 by 6:00 p.m., pursuant to the Texas Government Code, Chapter 551. LAK _Ate ' r ■ • r Alicia Richardson, TRMC City Secretary City of Southlake values: Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork City of Southlake City Council meeting agenda March 5, 2013 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 alues:Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork City of Southlake City Council meeting agenda March 5, 2013 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. Pending Public Information Act requests. 2. Texas Attorney General litigation defending the constitutionality of the Texas Open Meetings Act. 3. Legal issues regarding the Barnett Shale gas extraction and transportation. 4. 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. 5. Legal issues related to property located at 3100, 3110, and 3112 East Southlake Boulevard. 6. 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. 7. Metro-Plex Underground, LP v. Ed Bell Construction and ARCH Insurance Company; Cause No. 048-258408-12 8. James & Kathleen Farley v. Mark Wilson, National Carriers, Inc., and City of Southlake; Cause No. 09-15791. 9. Ed Bell Construction Company v. City of Southlake, Cause No. 348-262825-12 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 regardingprospective 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 alues:Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork City of Southlake City Council meeting agenda March 5, 2013 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 alues:Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork