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2010-11-02 CC Packet CITY OF SOUTHLAKE TEXAS REGULAR CITY COUNCIL MEETING MINUTES: NOVEMBER 2, 2010 LOCATION: 1400 Main Street, Southlake, Texas 76092 City Council Chambers CITY COUNCIL PRESENT: Mayor John Terrell, Mayor Pro Tern Laura K. Hill, Deputy Mayor Pro Tern Brandon Bledsoe, and Councilmembers Carolyn Morris, Pamela A. Muller, Jeff Wang and Al Zito. CITY COUNCIL ABSENT: None. STAFF PRESENT: City Manager Shana Yelverton, Assistant City Manager / Director of Public Safety Jim Blagg, Assistant City Manager Ben Thatcher, Assistant to the City Manager Alison Ortowski, Community Relations Officer Pilar Schank, Director of Community Services Chris Tribble, Deputy Director of Community Services Kari Happold, Assistant to the Director of Community Services Candice Sanders, Director of Economic Development Greg Last, Director of Finance Sharen Jackson, Director of Human Resources Stacey Black, Director of Information Technology Dale Dean, �" '`► Director of Planning and Development Services Ken Baker, Planner II Richard Schell, Deputy Director of Public Works Gordon Mayer, Public Works Operations Manager Chuck Kendrick, Civil Engineer Michelle McCullough, Civil Engineer Cheryl Taylor, Chief of Police Services Robert Finn, Deputy City Secretary Tara Brooks, City Attorney E. Allen Taylor, and City Secretary Lori Payne. WORK SESSION: Agenda Item No. 1. Call to order. The Work Session was called to order by Mayor Terrell at 5:37 p.m. Agenda Item No. 2. Invocation. Clayton Reed from Southlake Baptist Church International gave the invocation. Mayor Terrell led the pledge of allegiance. Agenda Item No. 3. Recognition and reception for President's Volunteer Service Award recipient. Mayor Terrell recognized resident Emily Galpin for her extensive volunteer work in the community and read a letter from President Barack Obama pertaining to the President's Call To Service Award. Ms. Galpin thanked Council and other volunteers for their efforts and support towards the many projects she has worked on. Mayor Terrell invited everyone to the foyer for a reception of cake and punch for Ms. Galpin. Mayor Terrell called for a break at 5:47 p.m. and reconvened the meeting at 6:08 p.m. REGULAR CITY COUNCIL MEETING MINUTES, NOVEMBER 2, 2010 Page 1 of 10 Agenda Item No. 4. Recognition options for Town Square Developer Brian Stebbins. Mayor Terrell introduced this item and then Council discussed various options of recognition for Brian Stebbins. Agenda Item No. 5. Discuss all items on tonight's meeting agenda. No action was taken during the Work Session and each item was considered during the Regular Session. Council reviewed the items on the Consent Agenda. Item 8A was added to the Consent Agenda. REGULAR SESSION: Agenda Item No. 1. Call to order. The Regular Session of the City Council was called to is order by Mayor Terrell at 6:36 p.m. Agenda Item No. 2A. Executive Session. Mayor Terrell announced City Council would be going into Executive Session pursuant to the Texas Government Code, Section 551.071, consultation with the city attorney; Section 551.072, deliberation regarding real property; and Section 551.087, deliberation regarding economic development negotiations. City Council adjourned for Executive Session at 6:36 p.m. Executive Session began at 6:50 p.m. and ended at 8:08 p.m. Agenda Item No. 2B. Reconvene. Mayor Terrell reconvened the regular meeting at 8:15 lb lbw p.m. and asked if any action was necessary from Executive Session. No action was necessary. rr Agenda Item No. 3A1. Mayor's Report - Update of upcoming meetings and events. Mayor Terrell announced upcoming meetings and events. Councilmember Morris discussed the Naturally Sweet event that will take place at the Bob Jones Nature Center on November 6, 2010. $ro Agenda Item No. 3A2. Mayor's Report — Proclamation for Veteran's Day 2010. Mayor Terrell read a proclamation in honor of Veterans Day and presented it to Assistant City Manager Blagg, Deputy Director of Public Works Mayer, and Public Work Operations Manager Kendrick. Also recognized by the Mayor was Planning and Zoning err Commissioner Brigham McCown. All of the aforementioned persons are Veterans. Ito Agenda Item No. 3B. City Manager's Report. There was no report given. i Agenda Item No. 3C. Library Board Report. A written report was included in Council's meeting packet. • Councilmember Wang left the meeting temporarily. REGULAR CITY COUNCIL MEETING MINUTES, NOVEMBER 2, 2010 Page 2of10 ire 6 fir CONSENT AGENDA: Consent Agenda items are considered to be routine by the City Council and are enacted with one motion. The Mayor read the Consent Agenda items into the record. Agenda Item No. 4A. Approve the minutes from the October 12, 2010 joint work session with City Council and the Planning and Zoning Commission and from the October 19, 2010 regular City Council meeting. The minutes were approved as presented. Agenda Item No. 4B. Award construction contract to Ed Bell Construction, Inc. in the amount of $6,892,561.81 for paving, drainage and utility improvements for North Kimball Avenue from State Highway 114 to Dove Road. A presentation was not made on this item. Agenda Item No. 4C. Award construction contract to Conatser Construction TX, LP in is the amount of $933,923.75 for extension of East Kirkwood Boulevard to East Highland Avenue. A presentation was not made on this item. OP Agenda Item No. 4D. Approve SPDC Matching Funds request from Southlake Baseball Association in the amount of $42,269 for batting cage improvements at Bicentennial Park. A presentation was not made on this item. Agenda Item No. 4E. Resolution No. 10-056, Adopt Transportation Advocates of Texas, Inc. Resolution endorsing a statewide education campaign to inform Texans of • fir► statewide transportation needs and urging the 82nd Texas Legislature to enact revenue measures to fund investment needed to improve Texas transportation. City Manager Yelverton answered Council's questions on this item during the work session. Council agreed to approve the resolution with a statement that Council is not endorsing any of the particular measures advocated but they acknowledge that there is a transportation issue and they are interested in finding solutions. In accordance with Section 4.21 of the City Charter, the caption for this item is listed as follows: ENDORSING THE EDUCATION CAMPAIGN TO INFORM TEXANS OF TRANSPORTATION NEEDS AND URGING THE 82ND TEXAS LEGISLATURE TO ENACT REVENUE MEASURES TO FUND TRANSPORTATION INVESTMENT. go Agenda Item No. 4F. Approve the emergency elevator repair by ThyssenKrupp Elevator in the east parking garage in Town Square in the amount of $57,546. Operations Manager Kendrick and City Manager Yelverton answered Council's questions on this item during the work session. Agenda Item No. 4G. Approve professional services agreement with Dean Electric, DBA Dean Construction, as Construction Manager at Risk for North Park. A presentation was not made on this item. 11* L REGULAR CITY COUNCIL MEETING MINUTES, NOVEMBER 2, 2010 Page 3 of 10 I1` • 1111'- !I* Agenda Item No. 4H. Approve purchase of a new vehicle, GPS mapping, water valve is and fire hydrant maintenance equipment in the amount of$95,110 from Philpott Motors. A presentation was not made on this item. Agenda Item No. 41. Approve the purchase of Musco LightStructure Green sports field lighting system from Musco in the amount of $338,390 for the Southlake Sports Complex. A presentation was not made on this item. Agenda Item No. 4J. SV10-022, Variance to Sign Ordinance No. 704, as amended, for Solara Surgical Center located at 2250 East Continental Boulevard, Suite 100. Director Baker answered Council's questions on this item during the work session. Agenda Item No. 4K. Approve a commercial developer's agreement with Carroll independent School District for Jack D. Johnson Elementary School located at 1301 North Carroll Avenue. A presentation was not made on this item. ss Agenda Item No. 4L. Ordinance No. 480-598 (ZA10-039), 2nd Reading, Zoning Change and Concept Plan for Southlake Montessori on property being legally described as Lot Tit 4, Block 1, Pecan Creek Addition and being located at 731 Zena Rucker Road. Current Zoning: 0-1 Office Zoning District. Requested Zoning: S-P-2 Generalized Site Plan Zoning District. SPIN Neighborhood #9. This item was tabled to the November 16, 2010 City Council meeting at the applicant's request. mom ‘1100 Agenda Item No. 8A. Resolution No. 10-054, Approve the Friendship City Agreement with Suzhou Wuzhong District, China. Mayor Terrell introduced this item during the work session and answered Council's questions. Council moved this item to the Consent Agenda for approval. In accordance with Section 4.21 of the City Charter, the caption for this item is listed as follows: isP is A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS, IN SUPPORT OF A FRIENDSHIP CITY ALLIANCE BETWEEN SUZHOU WUZHONG s` DISTRICT, CHINA AND THE CITY OF SOUTHLAKE, TEXAS. a Motion was made to approve the Consent Agenda items 4A; 4B; 4C; 4D; 4E but clarifying that Council is not endorsing any of the particular measures advocated but • they are acknowledging there is a transportation issue and they are interested in finding solutions; 4F; 4G; 4H; 41; 4J; 4K; to table item 4L to the November 16, 2010 City rsy., Council meeting at the applicant's request; and to approve item 8A. f� Motion: Hill Second: Bledsoe Ayes: Bledsoe, Hill, Morris, Muller, Zito, Terrell Nays: None Approved: 6-0 REGULAR AGENDA: L REGULAR CITY COUNCIL MEETING MINUTES, NOVEMBER 2, 2010 Page 4 of 10 • fir• Agenda Item No. 5. Public Forum. Mayor Terrell opened the public forum. Dianne Dorman, 100 As cot Lane, Southlake, Texas made a complaint about Fire Chief Mike Starr and requested that Council conduct an investigation. Mayor Terrell closed the public forum. Agenda Item No. 6A. Ordinance No. 598-E, 2nd Reading, Ordinance No. 598-E and related exhibits, revising aspects of the Southlake Program for the Involvement of Neighborhoods (SPIN) Code of Conduct and replacing Ordinance No. 598-D. City Manager Yelverton requested to table this item to the February 15, 2011 City Council meeting. Motion was made to table to the February 15, 2011 City Council meeting Ordinance No. 598-E, 2nd Reading, Ordinance No. 598-E and related exhibits, revising aspects of the Southlake Program for the Involvement of Neighborhoods (SPIN) Code of Conduct and replacing Ordinance No. 598-D. Motion: Hill Second: Bledsoe osi Ayes: Bledsoe, Hill, Morris, Muller, Zito, Terrell 'is Nays: None Approved: 6-0 +111 %r Agenda Item No. 6B. Ordinance No. 985, 2nd Reading, Dedicate a permanent utility, drainage and wall easement from city-owned park property located at 700 North Kimball Avenue for the purpose of constructing future street improvements. Deputy Director Mayer presented this item to Council. In accordance with Section 4.21 of the City Charter, the caption for this item is listed as follows: +rrir AN ORDINANCE DEDICATING A PERMANENT UTILITY, DRAINAGE AND WALL EASEMENT FROM CITY OWNED PARK PROPERTY LOCATED AT 700 NORTH KIMBALL AVENUE DESCRIBED AS LOT 2, BLOCK 3, GATEWAY CHURCH - 114 CAMPUS IN THE CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS; DECLARING THAT SUCH EASEMENT IS NECESSARY FOR USE BY THE PUBLIC; .11 AUTHORIZING THE MAYOR TO EXECUTE THE RIGHT-OF-WAY DEDICATION DOCUMENTS; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. No one spoke during the public hearing. Motion was made to approve Ordinance No. 985, 2nd Reading, Dedicate a permanent utility, drainage and wall easement from city-owned park property located at 700 North Kimball Avenue for the purpose of constructing future street improvements. Motion: Hill Second: Bledsoe Ayes: Bledsoe, Hill, Morris, Muller, Zito, Terrell ,,,, Nays: None Vim REGULAR CITY COUNCIL MEETING MINUTES, NOVEMBER 2, 2010 Page 5 of 10 LIK Approved: 6-0 Agenda Item No. 6C. Ordinance No. 480-600 (ZA10-053), 2nd Reading, Zoning Change and Concept Plan for property being described as Tract 2B2A, William H. Martin Survey, Abstract No. 1068, and being located at 1742 Our Lane. Current Zoning: AG Agricultural District. Requested Zoning: SF-1A Single Family Residential District. SPIN Neighborhood #5. Planner Schell presented this item to Council. Applicant Paul Spencer answered Council's questions. In accordance with Section 4.21 of the City Charter, the caption for this item is listed as follows: AN ORDINANCE AMENDING ORDINANCE NO. 480, AS AMENDED, THE is COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF SOUTHLAKE, TEXAS; GRANTING A ZONING CHANGE ON A CERTAIN TRACT OR TRACTS OF LAND WITHIN THE CITY OF SOUTHLAKE, TEXAS BEING LEGALLY DESCRIBED AS TRACT 2B2A, WILLIAM H. MARTIN SURVEY, ABSTRACT NO. 1068 SOUTHLAKE, TARRANT COUNTY, TEXAS, BEING APPROXIMATELY 1.058 ACRES, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "AG" •' AGRICULTURAL DISTRICT TO "SF-1A" SINGLE FAMILY RESIDENTIAL DISTRICT, AS DEPICTED ON THE APPROVED CONCEPT PLAN ATTACHED HERETO AND INCORPORATED HEREIN AS EXHIBIT "B", SUBJECT TO THE SPECIFIC el REQUIREMENTS CONTAINED IN THIS ORDINANCE; CORRECTING THE OFFICIAL ZONING MAP; PRESERVING ALL OTHER PORTIONS OF THE ZONING ORDINANCE; DETERMINING THAT THE PUBLIC INTEREST, MORALS AND a `o GENERAL WELFARE DEMAND THE ZONING CHANGES AND AMENDMENTS HEREIN MADE; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A is PENALTY FOR VIOLATIONS HEREOF; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE. I No one spoke during the public hearing. Motion was made to approve Ordinance No. 480-600 (ZA10-053), 2nd Reading, Zoning Change and Concept Plan for property being described as Tract 2B2A, William H. Martin Survey, Abstract No. 1068, and being located at 1742 Our Lane noting the applicant's willingness to acknowledge the city will not be constructing and maintaining a public roadway to the site and stating that whatever access the owner has they will have on the private drive or roadway as it currently exists without maintenance and support from the city but allowing the variance requested with the condition that the eight-inch water line to the property will be installed by the builder prior to issuance of the building permit. Motion: Hill Second: Bledsoe Ayes: Bledsoe, Hill, Morris, Muller, Zito, Terrell r Nays: None Approved: 6-0 REGULAR CITY COUNCIL MEETING MINUTES, NOVEMBER O EMBER 2, 2010 Page 6 of 10 I ,r Agenda Item No. 6D. Ordinance No. 480-599 (ZA10-052), 2nd Reading, Zoning Change and Concept Plan for property being described as Lot 1, Block 1, Charles W. Halfman Addition, and Tract 9D6, J.J. Freshour Survey, Abstract No. 521, and being located at 2555 and 2527 Florence Road. Current Zoning: SF-1A Single Family Residential District and AG Agricultural District. Requested Zoning: SF-2 Single Family Residential District. SPIN Neighborhood #11. Planner Schell presented this item in conjunction with item 6E. Applicant Pat Worsham, 2555 Florence Road, Southlake, Texas answered Council's questions. In accordance with Section 4.21 of the City Charter, the caption for this item is listed as follows: AN ORDINANCE AMENDING ORDINANCE NO. 480, AS AMENDED, THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF SOUTHLAKE, TEXAS; GRANTING A ZONING CHANGE ON A CERTAIN TRACT OR TRACTS OF LAND WITHIN THE CITY OF SOUTHLAKE, TEXAS BEING LEGALLY DESCRIBED AS LOT 1, BLOCK 1, CHARLES W. HALFMAN ADDITION, AN ADDITION TO THE CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS AND TRACT 9D6, J.J. FRESHOUR fiP SURVEY, ABSTRACT NO. 521, SOUTHLAKE, TARRANT COUNTY, TEXAS, BEING APPROXIMATELY 4.657 ACRES, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "SF-1A" SINGLE FAMILY RESIDENTIAL DISTRICT AND "AG" AGRICULTURAL DISTRICT TO "SF-2" SINGLE FAMILY RESIDENTIAL DISTRICT, AS DEPICTED ON THE APPROVED CONCEPT PLAN ATTACHED HERETO AND INCORPORATED HEREIN AS EXHIBIT "B", SUBJECT TO THE SPECIFIC REQUIREMENTS CONTAINED IN THIS ORDINANCE; CORRECTING tai,r THE OFFICIAL ZONING MAP; PRESERVING ALL OTHER PORTIONS OF THE ZONING ORDINANCE; DETERMINING THAT THE PUBLIC INTEREST, MORALS AND GENERAL WELFARE DEMAND THE ZONING CHANGES AND AMENDMENTS rr HEREIN MADE; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY FOR VIOLATIONS HEREOF; PROVIDING A SAVINGS CLAUSE; ii PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE. • No one spoke during the public hearing. Motion was made to approve Ordinance No. 480-599 (ZA10-052), 2nd Reading, Zoning Change and Concept Plan for property being described as Lot 1, Block 1, Charles W. Halfman Addition, and Tract 9D6, J.J. Freshour Survey, Abstract No. 521, and being located at 2555 and 2527 Florence Road subject to Revised Concept Plan Review Summary No. 1 dated September 29, 2010. 110 Motion: Hill Second: Bledsoe Ayes: Bledsoe, Hill, Morris, Muller, Zito, Terrell Nays: None Approved: 6-0 Agenda Item No. 6E. ZA10-051, Plat Revision for Lot 1, Block 1, Worsham Addition, being a revision of Lot 1, Block 1, Charles W. Halfman Addition, and Tract 9D6, J.J. REGULAR CITY COUNCIL MEETING MINUTES, NOVEMBER 2, 2010 Page 7 of 10 r L. L • - Freshour Survey, Abstract No. 521, and being located at 2527 and 2555 Florence Road. Current Zoning: SF-1A Single Family Residential District and AG Agricultural District. Requested Zoning: SF-2 Single Family Residential District. Planner Schell presented this item in conjunction with item 6D. Applicant Pat Worsham answered Council's questions. Motion was made to approve ZA10-051, Plat Revision for Lot 1, Block 1, Worsham Addition, being a revision of Lot 1, Block 1, Charles W. Halfman Addition, and Tract 9D6, J.J. Freshour Survey, Abstract No. 521, and being located at 2527 and 2555 Florence Road subject to Revised Plat Review Summary No. 1 dated September 29, 2010. rft Motion: Hill Second: Bledsoe o'" Ayes: Bledsoe, Hill, Morris, Muller, Zito, Terrell ft Nays: None Approved: 6-0 Agenda Item No. 6F. Ordinance No. 980, 2nd Reading, Southlake 2030 Southeast Sector Land Use Plan. Director Baker presented this item and answered Council's questions. Council discussed this item. In accordance with Section 4.21 of the City Charter, the caption for this item is listed as follows: AN ORDINANCE ADOPTING THE SOUTHEAST SECTOR PLAN AS AN ELEMENT OF THE SOUTHLAKE 2030 PLAN, THE CITY'S COMPREHENSIVE PLAN UPDATE. No one spoke during the public hearing. Motion was made to approve Ordinance No. 980, 2nd Reading, Southlake 2030 is Southeast Sector Land Use Plan noting the addition of a buffer of trees on the west side of Brumlow Avenue. Motion: Hill Second: Zito Ayes: Bledsoe, Hill, Morris, Muller, Zito, Terrell 1114 Nays: None Approved: 6-0 Mayor Terrell called fora break at 9:15 p.m. and reconvened the meeting at 9:32 p.m. ft Councilmember Wang returned to the meeting. Agenda Item No. 7A. Ordinance No. 480-549B (ZA10-054), 1st Reading, Zoning Change and Site Plan for Tower Plaza on property being described as Tract 3B, 3B01 and a portion of Tract 3D01, Obediah W. Knight Survey, Abstract No. 899, and being located at 821, 829 and 835 East Southlake Boulevard. Current Zoning: S-P-1 Detailed Site Plan District. Requested Zoning: S-P-1 Detailed Site Plan District. SPIN Neighborhood t #9. Planner Schell presented this item to Council. Applicant Curtis Young gave an initial (kly presentation to Council. Applicant Nels Nelson, 2803 Carrack Court, Southlake, Texas REGULAR CITY COUNCIL MEETING MINUTES, NOVEMBER 2, 2010 Page 8 of 10 rr. made a presentation to Council and answered questions. Dr. Corazon Ramirez also made a presentation and answered questions. Mayor Terrell allowed the public to speak. ei Mark Greenberg, 412 Borders Court, Southlake, Texas, spoke in support. Manuel R. Ramirez, 4790 Byron Circle, Irving, Texas, spoke in support. Tej Gill, 1108 BayMeadows Drive, Southlake, Texas, spoke in support. le p ITN Mayor Terrell read the names of those that wanted to record their support but did not wish to speak: is Zena Rucker, 650 South Carroll Avenue, Southlake, Texas; Michael Hahn, 405 Bryn Meadows, Southlake, Texas; Tom Matthews, 2875 Exchange, Southlake, Texas; Navneet Gill, 1108 Bay Meadows Drive, Southlake, Texas; fts Mike and Trung Tran, 701 Sutton Mill Court, Southlake, Texas; Sumeesh Dhawan, 1211 Del Mar Drive, Southlake, Texas; Kevin Howig, 905 Carriage Way, Southlake, Texas; and, Parind Patel, 910 East Southlake Boulevard, Southlake, Texas. • Mayor Terrell read a letter in support of this item that was signed by the following individuals and presented to Council this evening: Gregory Jones, 2105 Cheyenne Park Lane, Southlake, Texas; Mike Maric, 2757 East Southlake Boulevard, Southlake, Texas; Kristi B. Hess, 1315 Bentley Court, Southlake, Texas; Mary K. Hasler, 401 Southridge Lakes Parkway, Southlake, Texas; Brandon Scott Lydick, 922 Midland Creek Drive, Southlake, Texas; and, • Mike Tran, 701 Sutton Mill Court, Southlake, Texas. Ann K. Davis, 308 Foxborough, Southlake, Texas spoke in opposition. S Mr. Nelson and Dr. Ramirez answered Council's questions. Jack Adkins, 9946 Edgecliff Circle, Dallas, Texas answered Council's questions regarding the signage. Council continued to discuss this item. Motion was made to approve Ordinance No. 480-549B (ZA10-054), 1st Reading, Zoning Change and Site Plan for Tower Plaza subject to applicant's agreement to extend the sidewalk on the south side of Building One east to the main sidewalk; noting Council's request that the applicant add some distinctive features to the back of the hospital ie building facing Zena Rucker Boulevard; stating that no residential uses or assisted living facility uses be allowed as permitted uses; stating that no skilled nursing or memory REGULAR CITY COUNCIL MEETING MINUTES, NOVEMBER 2, 2010 Page 9 of 10 'rtr r care uses be allowed as permitted uses; requiring the following wording to be added if the applicant should choose to utilize the Tarrant County bond funds that were previously approved for use on this tract of land and stating that the applicant shall place the following language on all offering statements or other sales or marketing materials supporting the debt instrument: "The City of Southlake is not an owner, investor, partner, participant or guarantor of this project"; requiring irrigation and turf of the multi-tenant office building site until it is constructed; and subject to Site Plan Review Summary No. 2 dated October 15, 2010 and granting variance to driveway stacking. Motion: Hill Second: Bledsoe am Ayes: Bledsoe, Hill, Wang, Zito, Terrell Nays: Morris, Muller Approved: 5-2 Councilmember Wang left the meeting for the evening. la Agenda Item No. 2A. Executive Session. Mayor Terrell announced City Council would be going into Executive Session pursuant to the Texas Government Code, Section 551.071, consultation with the city attorney. City Council adjourned for Executive Session at 11:24 p.m. Executive Session began at 11:29 p.m. and ended at 11:53 p.m. Agenda Item No. 2B. Reconvene. Mayor Terrell reconvened the regular meeting at err %iv 11.54 p.m. and asked if any action was necessary from Executive Session. No action was necessary. +� Agenda Item No. 11. Meeting adjourned. Mayor Terrell adjourned the meeting at 11:54 p.m. ta *An audio recording of this meeting will be permanently retained in the City Secretary's Office. • C___ , John Terrell Mayor ATTEST: r.• rili a e )1mil I. Lori Payne r�City Secretary • ala / ee7°neatix, wa REGULAR CITY COUNCIL MEETING MINUTES, NOVEMBER 2, 2010 Page 10 of 10 kr Tower Plaza Zoning Case#ZA10-054 Nb I strongly support the proposed hospital and office building project to be located at 821 East Southiake Blvd. This development will bring a first class medical surgical facility to our city and provide significant economic Impact. Please vote in favor of this development. 411 i Priv e,A.(03 Pr tfo ame %or PtOt Address lib S OP S !r I tft Tower Plaza Zoning Case #ZA10-054 OP I strongly support the proposed hospital and office building project to be located at 821 East Southlake Blvd. This development will bring a first class medical surgical facility to our city and provide significant economic impact. Please vote in favor of this development. ts* m Signature M K1At2Nio lL ice , Printed Name S ' Sc - AK l O s '(P092— • li Address 40, 1111 I lie i f ppt, E� � f ry r M ` })tE i911 r'f I`, 1, t 1 1 I 4 II it 1 -,* II 4 I 4 II I It i II 1 i 1 • - 1 i'l II-I Ill'-.1 11': '1 IVil r,---i 1-1, ./-----, C ( r . ill i.T.1 it, , ,:.' 1' •;:t,; ..1 6:1"1):11.1..:''l'fa:71.1111111111.111111.1 ".".."..."..""""..".".''' '' til. ...' • .. .• I 6! : I I I ,1 1 ,00,4„, . _ _._.. , 111 i - . , , 1..;1 , ,-, ell . . . . ., ''‘; i _....... ! ,, ii 11! 1 i 1 ; ' 1 i I SAGE GROUP,INC. Uttnn 0.91, MOM... 0 e I e 11107:411:72C0 Sut.0Paa,(was?KW 22 CX71 10 T4,317-111-2611 R.---, _ ... ...„, 10' 81,' 16V TOWER PLAZA - SITE PLAN Ii vow Tower Plaza Zoning Case#ZA10-054 PP I strongly support the proposed hospital and office building project to be located at 821 East Southiake Blvd. This development will bring a first class medical surgical facility to our city and provide significant economic impact. Please vote in favor of this development. d' Signature rls / i l6 /'t - 5 Printed Name / 3/1111 30IAt41 Address lllp FP • / 1 „_.( I Ii f , C 4� VC[ 31 IV U3.34+p IVIc71y ' I Tower Plaza Zoning Case#ZA10-054 I strongly support the proposed hospital and office building project to be located at 821 East Southlake Blvd. This development will bring a first dass medical surgical facility to our city and provide significant economic Impact. Please vote in favor of this development 8 Signature Malyk./f7sle Printed Name ii 4�0 C- L ke P/cu ilk SoWAZaict, 7 7/.O 9.7, 1 Address 111 4P S 4' (040- 116 Tower Plaza Cr, Zoning Case#ZA10-054 am I strongly support the proposed hospital and office building project to be located at 821 East Southlake Blvd. This development will bring a first dass medical surgical facility to our city and provide significant economk impact. Please vote in favor of this development. I� gos v nrL✓� in Signature ya wl co Printed Name rra %by gffst q22 411,dt44 ( k ')• So Lk r X 76,01 2 i11 Address o1i di f lie it .d F i f .. `` I 'rr Tower Plaza Zoning Case#ZA10-054 firm I strongly support the proposed hospital and office building project to be located at 821 East Southlake Blvd. This development will bring a first class medical surgical fadlity to our city and provide significant economic Impact. Please vote in favor of this development. Ili Signature /L4 opt Printed Name Pr 7t)/ -f%); -121(..q 47-/ / /lt=1 )-- 811 Address rer furl is Tower Plaza Zoning Case#ZA10-054 I strongly support the proposed hospital and office building project to be located at 821 East Southlake Blvd. This development will bring a first class medical surgical fadlity to our city and provide significant economic impact. Please vote in favor of this development. . / 4 Signature Printed Name v fart 7t / t ). 7/4(-C1"(,L is Address . ,) if) iLtcveyttn )4.)-e-- Host , ((.4 1.tett a I r "Orr Tower Plaza Zoning Case#ZA10-054 r it I strongly support the proposed hospital and office building project to be located at 821 East Southiake !IPBlvd. This development will bring a first Bass medical surgical facility to our city and provide significant " economic impact. Please vote in favor of this development. C)r2 A/V Signature tyci Printed Name irr q27_ 1 r -X44 l"0-e-t r. is So. -Lie i ( 76)o1 Z. Address S Sir *aw . . r • Description Joint meeting - City Council, SPDC, Parks Board held at 4:00 p.m. - City Council L meeting at 5:30 Date 11/2/2010 Location Southlake Council Chambers I as mr. I • di S %OW 1). S si S " am air • . fr. . air Joint meeting - City Council, SPDC, Parks Board held at 4:00 p.nSouthlake Council Chambers Time Speaker Note 5:37:57 PM Mayor called City Council meeting to order I! 461° 5:38:04 PM Clayton Reed gave the invocation 5:38:08 PM Mayor led the pledge of allegiance 5:40:14 PM Mayor presented work session item 3 in honor of resident Emily 7 Galpin for her extensive volunteer work in the community; ii Mayor read the Presidents letter before the audience; Emily • thanked the Council and the other volunteer members in the III audience for everything they have done a 5:47:11 PM Mayor called for a break for a reception for Emily 11, 6:08:53 PM Mayor brought meeting back to order after the reception Ili 6:09:37 PM Mayor commented on work session item 4 regarding recognition 00 options for Brian Stebbins 6:12:12 PM Council discussed various recognition options di 6:13:43 PM Bledsoe respect wishes of family 0 6:14:01 PM Muller Patty Stebbins asked that we allow Frank Bliss help with the wording on the plaque; respect wishes of family mif# 6:15:09 PM Zito great idea and recognizing what family wants is important a 6:15:28 PM Mayor recognition of family wishes le 6:16:27 PM Wang need to recognize family wishes • %iv 6:17:08 PM Morris remembered how Brian would stand in his office overlooking the park and how proud he would looking at the families and ' , children in the park , , Oil 6:19:01 PM Mayor reviewed consent agenda items -4a, 4b, 4c, 4d, 4e but stating. that we are in no way advocating any specific method of 110 revenue measures, 4f, 4g, 4h, 4i, 4j, 4k, 41 to table to 11-16, II and including item 8a 6:20:38 PM Yelverton addressed questions on item 4e • it 6:27:16 PM Chuck Kendrick presented item 4f to Council di 6:31:07 PM Yelverton addressed questions on item 4f 6:32:32 PM Ken Baker addressed questions on item 4j 6:34:38 PM Mayor commented on item 8a and suggested moving it to consent • 6:35:34 PM Muller suggested that in the future, City Council is made aware of potential friendship cites a 6:36:51 PM Mayor called for an executive session lio 8:15:52 PM Mayor called meeting back to order a 8:16:02 PM Mayor commented on upcoming meetings and events 8:17:08 PM Morris gave information on Naturally Sweet event at Nature Center- : gave Emily Galpins contact information de 8:19:13 PM Mayor presentation for Veterans Day - presented proclamation to staff members and other Veterans . . . .. al 11/2/2010 2 of 5 erg ow• • Joint meeting - City Council, SPDC, Parks Board held at 4:00 p.nSouthlake Council Chambers gs, Time Speaker Note L 8:23:49 PM Mayor read consent agenda items into the record -4a, 4b, 4c, 4d, 4e and stating that Council is not endorsing any specific measures but want to acknowledge there is a transportation issue and want to encourage further evaluation of solutions, /11 4f, 4g, 4h, 4i, 4j, 4k, to table item 41 to 11-16-10, and include 8A 8:24:44 PM Hill motion to approve consent agenda (Wang left the meeting fff, temporarily) • 8:24:50 PM Bledsoe second - consent agenda approved 6-0 8:25:11 PM public forum tow opened • ao 8:25:23 PM Dianne Dorman spoke on children of domestic violence, spoke regarding open records request, complaint against Mike Starr • 8:32:40 PM close public forum gm) 8:32:50 PM Yelverton suggested that we table item 6A to 2nd meeting in February to di allow time 8:33:34 PM Hill motion to table item 6a to 2nd meeting in February (2-15-11) 8:33:46 PM Bledsoe second - tabled to February 15, 2011 6-0 • 8:35:21 PM Gordon Mayer presented item 6B to Council :fp 8:36:25 PM public hearing no one spoke 411W 8:36:31 PM Hill motion to approve item 6b 8:36:39 PM Bledsoe second -approved item 6b (approved 6-0) di 8:38:21 PM Richard Schell presented item 6c to Council • 8:41:20 PM Applicant Paul discussed this item with Council Spencer di 8:44:13 PM public hearing no one spoke 8:46:31 PM Hill motion to approve item 6c noting app willingness to accept the citys stmt (attorneys stmt on first reading) and stating that 8 inch water line will be installed by the builder prior to CO 8:47:06 PM Bledsoe second - approved 6-0 • to 8:49:53 PM Richard Schell presented items 6D and 6E together 8:51:11 PM Applicant Pat made comments to Council Worsham 8:52:32 PM public hearing no one spoke 8:52:39 PM Hill motion to approve item 6D noting revised review sumary Alf di 8:53:07 PM Bledsoe second - approved item 6D 6-0 8:53:29 PM Hill motion to approve 6E 8:53:47 PM Bledsoe second - approved 6E 6-0 di **' 8:54:27 PM Ken Baker 9:12:13 PM Council presented item 6F to Council discussed this item 11/2/2010 3 of 5 . . go en Joint meeting - City Council, SPDC, Parks Board held at 4:00 p.nSouthlake Council Chambers foot id Time Speaker Note 9:13:13 PM Morris need street trees on the west side across the street from • isi 4111" Nustar site on Brumlow de 9:13:35 PM public hearing no one spoke 1 9:14:14 PM Hill motion to approve item 6F noting op 9:14:36 PM Zito second - approve item 6F 6-0 us 9:15:28 PM Mayor called for a break . : 9:32:09 PM Mayor reconvened meeting after break I* . 9:32:33 PM Richard Schell presented item 7A to Council • do 9:44:37 PM Applicant Curtis presented this item to Council 46 Young 9:59:11 PM Nels Nelson, 2803 made a presentation to Council di Carrack Court, Southlake di 10:06:20 PM Dr. Ramirez, made a presentation to Council anesthesiologist API 10:18:52 PM Mayor allowed the public to speak although this item is not a public di hearing 10:19:17 PM Mayor read a card from Zena Rucker who is in support • • AP 10:19:30 PM Mark Greenberg spoke in support di 10:21:23 PM Mr. Rameriz spoke in support 10:22:43 PM Tes Gill spoke in support 10:23:40 PM Michael Hahn spoke in support Ile itior 10:25:14 PM Mayor read cards from audience members who are in support but did not wish to speak and read a letter in support that was turned ft. in with several signatures on it di •10:27:50 PM Ann Davis spoke in opposition to this item iwt 10:34:13 PM Nels Nelson addressed comments from Ms. Davis - $40 million in buildings . a and other improvements and another $14 million in equipment in the hospital - "General Hospital" 414 : 10:39:19 PM Dr Ramirez types of license required - acute care general hospital di 10:48:44 PM Council asked questions of Mr. Nelson and Mr. Young 10:51:02 PM Dr. Ramirez will accept medicare/medicaid ei 10:53:20 PM Nelson addressed signage questions • 10:53:51 PM Jack Adkins signage for emergency sign - 8 inch illuminated 10:54:45 PM Council signage - medical destination - statement regarding applicants • being asked to prove financial solvency - assisted living, skilled nursing, memory care - one ingress/egress - no ftt through -road - limited access - sidewalk connection - 46 ft • tower - rear of building should look like front of building - di landscaping - quantify ratio of stucco to brick ,-. - - - - ---- - - --- - --- di (Iiir ea 11/2/2010 4 of 5 ii. • . tr Joint meeting - City Council, SPDC, Parks Board held at 4:00 p.nSouthlake Council Chambers Time Speaker Note 11:21:46 PM Hill motion to approve item 7A subject to app agmt to extend sidewalk on south side of bldg one, distinctie features on back of bldg, no residential or skilled nursing or memory care, if app should choose to use the bonds, the app shall put the 411 following language: the city of southlake is not an owner, participant or guarantor of this project, and subject to review, rio irrigation and turf of office site until constructed, granting variances. 11:23:45 PM Bledsoe second - approved 5-2 (Morris, Muller) 11:24:11 PM'Mayor adjourned meeting Mil to oo II %Pr de di di 11/2/2010 5 of 5 L . . 6000 WESTERN PLACE,SUITE 200 Taylor Olson Adkins Sralla Elam TELEPHONE:(817)332-2580 I-30 AT BRYANT-IRVIN ROAD L.L.P. TOLL FREE:(800)318-3400 FORT WORTH,TEXAS 76107-4654 FACSIMILE:(817)332-4740 EMAIL:TOASE@TOASE.COM Attorneys ' Counselors WEBSITE:VVWW.TOASE.COM r 6 E.ALLEN TAYLOR,JR. EXT. 212 ataylor(atoase com "' November 2, 2010 6 FP CONFIDENTIAL ATTORNEY/CLIENT PRIVILEGE a VIA HAND DELIVERY II Mayor and City Councilmembers City of Southlake iiii 1400 Main Street Southlake, Texas 76092 6 Re: Legality of Executive Session Posting r Dear Mayor and Councilmembers: r `r You have asked our office to review the executive session posting for the November 2,2010, regular city council meeting. It is my understanding that the following executive session has been ' posted for the requisite time: a A. Executive Session: Pursuant to the Open Meetings Act, Chapter 551, Texas r Government Code,Sections 551.071,551.072,551.073,551.074,551.076,551.087, iii 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 r the end of the Regular Session or at any time during the meeting that a need 6 arises for the City Council to seek advice from the City Attorney as to the posted subject matter of this City Council meeting. Fr 1. Section 551.071: Consultation with attorney l a. Seek advice of the city attorney regarding gas drilling and production and gas utility companies. r b. Seek advice of the city attorney regarding the application and lii enforcement of city zoning regulations and site plan requirements associated with Carroll Independent School District properties. c. Seek advice of the city attorney regarding the DT (Downtown • District) zoning district. le 2. Section 551.072: Deliberation regarding real property ,is a. Discuss the potential purchase or lease of real property for city facilities and projects. r lir b. Discuss Right-of-Way acquisition for TW King Waterline. fir "' W:\Southlake\Letters\Mayor&CC Letters\Mayor&CC.EAT.11.02.2010.wpd November 2, 2010 li" Page 2 a 3. Section 551.087: Deliberation regarding economic development negotiations j� a. Economic Incentives for businesses. Section 551.071: Consultation with attorney The City Council may conduct a private consultation with its attorney when the City Council seeks woo 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 iim 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. Section 551.072: Deliberation regarding real property 40. 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 is gift or donation to the City. Section 551.074: Deliberation regarding personnel matters wit 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 some city boards and commission members. A complete list of the city boards do and commissions is on file in the City Secretary's Office. Section 551.076: Deliberation regarding security devices a The City Council may deliberate the deployment, or specific occasions for implementation of fiff 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 W:\Southlake\Letters\Mayor&CC Letters\Mayor&CC.EAT.11.02.2010.wpd r November 2, 2010 iiip Page 3 r 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 wit 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 If„ 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 RiP to an act of terrorism; 7)that relates to information regarding security measures or security systems �r 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 ofpipeline infrastructures or facilities when those plans or discussions contain such sensitive cr. information. The purpose of this letter is to provide an opinion whether the city council may legally discuss the above-referenced topics in executive session. Based upon the guidelines we have fir previously supplied the city council, and subject to the discussion below, we conclude that all the posted items fall within an exception to the Open Meetings Act, Government Code, Chapter 551. Therefore,discussion on these matters may legally occur in closed session. In addition,this opinion extends to any legal advice given to the council in executive session. is It is appropriate for the council to receive legal advice from our office about any of the above listed lawsuits or claims. Further, it is appropriate for the council to discuss in executive session the exchange, lease or value of real property under Section 551.072 if the city council reasonably believes that deliberation in open session would have a detrimental effect on the city's negotiations for that property. Yr Additionally,it is appropriate for the council to deliberate in executive session a negotiated contract for a prospective gift or donation under Section 551.073 if the city council reasonably believes that deliberation in an open meeting would have a detrimental effect on the position of the Fit city. a I lir W:\Southlake\Letters\Mayor&CC Letters\Mayor&CC.EAT.11.02.2010.wpd r r November 2, 2010 Page 4 I�r Under Section 551.074, the city council may deliberate the appointment or employment of a city officer, or employee. Under Attorney General opinions rendered in different contexts, the Attorney General has concluded that personnel discussions under this section must pertain to an individual, rather than a class of employees. Further, under Section 551.074, the city council may deliberate the appointment, is employment,evaluation,reassignment,duties,discipline,or dismissal of a city officer,including the city manager and city secretary. If you have any additional questions or concerns, please feel free to contact our office. Sincerely, eco y, E. Allen Tayl Jr. EAT/ds cc: Shana Yelverton City of Southlake V�r 1400 Main Street Suite 460 Southlake, Texas 76092 Lori Payne City of Southlake 1400 Main Street Suite 270 Southlake, Texas 76092 tiPP a S RP r I' „b. W:\Southlake\Letters\Mayor&CC Letters\Mayor&CC.EAT.11.02.2010.wpd I er S CITY OF . SOUTHLAKE TEXAS REGULAR CITY COUNCIL MEETING: NOVEMBER 2, 2010 LOCATION: 1400 Main Street, Southiake, Texas 76092 Council Chambers in Town Hall err WORK SESSION: 5:30 P.M. "s 1. Call to order. 2. Invocation: Clayton Reed, Chaplain of the Month 4,4 3. Recognition and reception for President's Volunteer Service Award recipient. 4. Recognition options for Town Square Developer Brian Stebbins. flg, 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 e1 1. Call to order. re 2. A. Executive Session: Pursuant to the Open Meetings Act, Chapter 551, gib'' 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 di seek advice from the City Attorney as to the posted subject matter of this City Council meeting. PO Oil 1. Section 551.071: Consultation with attorney a. Seek advice of the city attorney regarding gas drilling and production and gas utility companies. b. Seek advice of the city attorney regarding the application and enforcement of city zoning regulations and site plan sir requirements associated with Carroll Independent School District properties. c. Seek advice of the city attorney regarding the DT (Downtown District) zoning district. rr 2. Section 551.072: Deliberation regarding real property RP a. Discuss the potential purchase or lease of real property for city facilities and projects. b. Discuss Right-of-Way acquisition for TW King Waterline. City of Southiake values: Integrity♦ Innovation ♦ Accountability♦ Commitment to Excellence • Teamwork tke City of Southlake City Council meeting agenda November 2,2010 Page 2 of 7 3. Section 551.087: Deliberation regarding economic development negotiations a. Economic incentives for businesses. B. Reconvene: Action necessary on items discussed in Executive Session. rr 3. REPORTS: A. Mayor's Report 1. Update of upcoming meetings and events 2. Proclamation for Veteran's Day 2010 B. City Manager's Report C. Library Board Report CONSENT AGENDA: All items listed below are considered to be routine by the City to Council and will be enacted with one motion. There will be no separate discussion of ift 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 October 12, 2010 joint work session with City Council and the Planning and Zoning Commission and from the October 19, 2010 regular City Council meeting. B. Award construction contract to Ed Bell Construction, Inc. in the amount of se $6,892,561.81 for paving, drainage and utility improvements for North Kimball Avenue from State Highway 114 to Dove Road. • C. Award construction contract to Conatser Construction TX, LP in the amount of $933,923.75 for extension of East Kirkwood Boulevard to East toP Highland Avenue. rn D. Approve SPDC Matching Funds request from Southlake Baseball Association in the amount of $42,269 for batting cage improvements at Bicentennial Park. E. Resolution No. 10-056, Adopt Transportation Advocates of Texas, Inc. Resolution endorsing a statewide education campaign to inform Texans of statewide transportation needs and urging the 82" Texas Legislature to ** enact revenue measures to fund investment needed to improve Texas transportation. F. Approve the emergency elevator repair by ThyssenKrupp Elevator in the east parking garage in Town Square in the amount of$57,546. ithw �,. City of Southlake values: Integrity♦ Innovation ♦Accountability♦ Commitment to Excellence ♦ Teamwork I ' City of Southlake City Council meeting agenda November 2, 2010 Page 3 of 7 (ll,rr G. Approve professional services agreement with Dean Electric, DBA Dean Construction, as Construction Manager at Risk for North Park. H. Approve purchase of a new vehicle, GPS mapping, water valve and fire hydrant maintenance equipment in the amount of $95,110 from Philpott Motors. I. Approve the purchase of Musco LightStructure Green sports field lighting system from Musco in the amount of $338,390 for the Southlake Sports Complex. J. SV10-022, Variance to Sign Ordinance No. 704, as amended, for Solara Surgical Center located at 2250 East Continental Boulevard, Suite 100. K. Approve a commercial developer's agreement with Carroll Independent School District for Jack D. Johnson Elementary School located at 1301 North Carroll Avenue. a L. Ordinance No. 480-598 (ZA10-039), 2nd Reading, Zoning Change and Concept Plan for Southlake Montessori on property being legally described as Lot 4, Block 1, Pecan Creek Addition and being located at 731 Zena Rucker Road. Current Zoning: 0-1 Office Zoning District. la ,�, Requested Zoning: S-P-2 Generalized Site Plan Zoning District. SPIN Neighborhood #9. THE APPLICANT HAS REQUESTED TO TABLE THIS ITEM TO THE NOVEMBER 16, 2010 CITY COUNCIL MEETING. (This is the fifth time this item has tabled.) REGULAR AGENDA: 5. Public Forum. (The Public Forum will not begin prior to 7:00 p.m.) 6. Ordinances, second readings, public hearings, and related items: A. Ordinance No. 598-E, 2nd Reading, Ordinance No. 598-E and related exhibits, revising aspects of the Southlake Program for the Involvement of Neighborhoods (SPIN) Code of Conduct and replacing Ordinance No. sif 598-D. PUBLIC HEARING l B. Ordinance No. 985, 2nd Reading, Dedicate a permanent utility, drainage and wall easement from city-owned park property located at 700 North r Kimball Avenue for the purpose of constructing future street improvements. PUBLIC HEARING 6 C. Ordinance No. 480-600 (ZA10-053), 2nd Reading, Zoning Change and Concept Plan for property being described as Tract 2B2A, William H. City of Southlake values: Integrity♦ Innovation •Accountability♦ Commitment to Excellence ♦ Teamwork • City of Southlake City Council meeting agenda 400 November 2,2010 Page 4 of 7 Martin Survey, Abstract No. 1068, and being located at 1742 Our Lane. Current Zoning: AG Agricultural District. Requested Zoning: SF-IA Single • Family Residential District. SPIN Neighborhood #5. PUBLIC HEARING D. Ordinance No. 480-599 (ZA10-052), 2nd Reading, Zoning Change and Concept Plan for property being described as Lot 1, Block 1, Charles W. Halfman Addition, and Tract 9D6, J.J. Freshour Survey, Abstract No. 521, and being located at 2555 and 2527 Florence Road. Current Zoning: SF- or 1A Single Family Residential District and AG Agricultural District. Requested Zoning: SF-2 Single Family Residential District. SPIN Neighborhood #11. PUBLIC HEARING E. ZA10-051, Plat Revision for Lot 1, Block 1, Worsham Addition, being a revision of Lot 1, Block 1, Charles W. Halfman Addition, and Tract 9D6, J.J. Freshour Survey, Abstract No. 521, and being located at 2527 and 2555 Florence Road. Current Zoning: SF-IA Single Family Residential District and AG Agricultural District. Requested Zoning: SF-2 Single Family Residential District. F. Ordinance No. 980, 2nd Reading, Southlake 2030 Southeast Sector Land Use Plan. PUBLIC HEARING 'oo"' 7. Ordinances, first readings, and related items: A. Ordinance No. 480-549A (ZA10-054), 1st Reading, Zoning Change and Concept Plan for Tower Plaza on property being described as Tract 3B, 3B01 and a portion of Tract 3D01, Obediah W. Knight Survey, Abstract No. 899, and being located at 821, 829 and 835 East Southlake Boulevard. Current Zoning: S-P-1 Detailed Site Plan District. Requested Zoning: S-P-1 Detailed Site Plan District. SPIN Neighborhood #9. (If • approved at first reading, the public hearing for this item will be held on November 16, 2010.) 8. Resolutions: A. Resolution No. 10-054, Approve the Friendship City Agreement with 1111 Suzhou Wuzhong District, China. 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. Cov City of Southlake values: Integrity♦ Innovation •Accountability• Commitment to Excellence • Teamwork City of Southlake City Council meeting agenda 41, November 2, 2010 Page 5 of 7 ■r CERTIFICATE rr I hereby certify that the above agenda was posted on the official bulletin boards at Town Hall, 1400 Main Street, Southlake, Texas, on Friday, October 29, 2010 by 6:00 p.m., pursuant to the Texas Government Code, Chapter 551. ,,,,„ea,ttu,rrrr,, 410 CO +III k �'`Q� ' c • Lori Payne, TR C i Co City Secretary o err ••° If you plan to attend this publia'rrygetif Auff have a disability that requires special needs, please advise the City Secretary's Officenn hours in advance at 817-748-8016 and reasonable rw accommodations will be made to assist you. IN 411100 gio 0 S 0 S S di City of Southlake values: Integrity• Innovation •Accountability• Commitment to Excellence ♦ Teamwork City of Southlake City Council meeting agenda few November 2,2010 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 firA 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. 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 ,,omp, 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. al 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 fit 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. l City of Southlake values: Integrity• Innovation ♦Accountability• Commitment to Excellence ♦ Teamwork a City of Southlake City Council meeting agenda November 2, 2010 Page 7 of 7 sa Section 418.183(f): Texas Disaster Act The City Council may deliberate information: 1) for purposes of preventing, ad 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 0 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 "r 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. is vow 44, r r a a rr City of Southlake values: Integrity• Innovation ♦Accountability• Commitment to Excellence • Teamwork