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2011-01-18 g CITY OF SOUTHLAKE TEXAS REGULAR CITY COUNCIL MEETING: JANUARY 18, 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: Clayton Reed, Chaplain of the Month 3. Safety Town Park 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(0, 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 advice of the city attorney regarding gas drilling and production and gas utility companies. b. Seek advice of the city attorney regarding pending XTO and Energy Transfer Specific Use Permit, Gas Well Permit and Pipeline Permit applications. c. Seek advice of the city attorney regarding Carroll Independent School District projects. 2. Section 551.072: Deliberation regarding real property a. Discuss the potential purchase or lease of real property for city facilities and projects. 3. Section 551.074: Deliberation regarding personnel matters a. Deliberate the appointment of the City Secretary position. City of Southlake values: Integrity • Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork City of Southlake City Council meeting agenda January 18, 2011 Page 2 of 8 4. Section 551.087: Deliberation regarding economic development negotiations a. Economic incentives for businesses. B. Reconvene: Action necessary on items discussed in Executive Session. 3. REPORTS: A. Mayor's Report 1. Update of upcoming meetings and events B. City Manager's Report 1. Southlake Interactive Maps Redesign C. Southlake Sister Cities / Southlake Business Council Report D. Southlake Arts Council 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 the minutes from the January 4, 2011 regular City Council meeting and from the January 5, 2011 special City Council meeting. B. Authorize the first contract renewal with Alpine Tree Service for tree services. C. Approve a Community Services Agreement with Call -A -Ride Southlake, Inc. (CARS). D. Approve a Community Services Agreement with Metroport Meals on Wheels. E. Approve a Community Services Agreement with Grapevine Relief and Community Exchange (GRACE). F. Approve a Community Services Agreement with Southlake Historical Society. G. Approve a Community Services Agreement with Southlake Sister Cities. H. Approve a Community Services Agreement with SafeHaven of Tarrant County. City of Southlake values: Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork City of Southlake City Council meeting agenda January 18, 2011 Page 3 of 8 Approve a Community Services Agreement with the Southlake DPS Citizen's Association. J. This item intentionally left blank. K. Award annual purchasing agreement for signs and pavement markings to Pathmark Traffic Products of Texas, Inc, and Vulcan, Inc. L. Award annual purchasing agreement for utility parts to Atlas Utility Supply and H. D. Supply Waterworks. M. Approve the Utility Adjustment Agreement Amendment to the DFW Connector Master Utility Adjustment Agreement in the amount of $156,859.58 for design and construction of the relocation of City water and wastewater utilities for the DFW Connector project. N. Approve an Encroachment and Joint Use Agreement of a public drainage and utility easement at 708 Castle Rock Drive. O. This item intentionally left blank. P. Approve support and maintenance contract in the amount of $63,150.47 to Tyler Technologies. Q Approve a Plat Extension request for ZA08 -104, Plat Revision for Southlake Regional Medical Center located at 335 East State Highway 114 and 440 East Highland Street. Current Zoning: S -P -2 Generalized Site Plan District. SPIN Neighborhood #7. R. SV10 -026, Variance to Sign Ordinance No. 704, as amended, for Red Dog Right located at 3311 East State Highway 114. S. Ordinance No. 995, 1 Reading, Appointing an Alternate Municipal Judge and authorizing the mayor to execute an agreement with the Alternate Municipal Judge and providing an effective date (If approved on first reading, the public hearing will be held on February 1, 2011.) T. Approve a policy for the display of art in public facilities. THIS ITEM IS ADMINISTRATIVELY TABLED TO THE JANUARY 25, 2011 SPECIAL CITY COUNCIL MEETING. U. Ordinance No. 480 -601 (ZA10 -060), 1 Reading, Zoning Change and Development Plan for Highland Park on property being described as Tract 1B02, W.W. Hall Survey, Abstract No. 687 and Lot 1R2, Block 1, Southlake Assembly of God Addition and being located at 151 and 411 City of Southlake values: Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork City of Southlake City Council meeting agenda January 18, 2011 Page 4 of 8 East Highland Street. Current Zoning: AG Agricultural Zoning District and CS Community Service Zoning District. Requested Zoning: R -PUD Residential Planned Unit Development Zoning District. SPIN Neighborhood #7. THIS ITEM IS ADMINISTRATIVELY TABLED TO THE JANUARY 25, 2011 SPECIAL CITY COUNCIL MEETING. REGULAR AGENDA: 5. Public Forum. (The Public Forum will not begin prior to 7:00 p.m. This is the public's opportunity to address the City Council about non - agenda items. During this proceeding, the City Council will not discuss, consider or take action on any item presented. We respectfully ask that anyone stepping forward to speak during Public Forum to please limit remarks to three minutes or less.) 6. Ordinances, second readings, public hearings, and related items: A. Ordinance No. 480 -598 (ZA10 -039), 2 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. Requested Zoning: S -P -2 Generalized Site Plan District. SPIN Neighborhood #9. PUBLIC HEARING B. Ordinance No. 480 -439a (formerly noted as 480 -602) (ZA10 -065), 2nd Reading, Zoning Change and Site Plan for Texas Digestive Disease Consultants on property being described as Lot 5R, Block 5, Cornerstone Business Park Addition and being located at 505 South Nolen Drive. Current Zoning: S -P -2 Generalized Site Plan District. Requested Zoning: S -P -2 Generalized Site Plan District. SPIN Neighborhood #8. PUBLIC HEARING C. ZA10 -075, Plat Revision for Lot 5R1, Block 5, Cornerstone Business Park, being a replat of Lot 5R, Block 5, Cornerstone Business Park, being currently addressed as 505 South Nolen Drive. Current Zoning: S -P -2 Generalized Site Plan Zoning District. Proposed Zoning: S -P -2 Generalized Site Plan. SPIN Neighborhood #8. D. ZA10 -070, Site Plan for Shade Structures at Johnson Elementary School on property being described as Lot 13R1, F. Throop No. 1511 Addition, and being located at 1301 North Carroll Avenue. Current Zoning: CS Community Service Zoning District. SPIN Neighborhood #3. PUBLIC HEARING City of Southlake values: Integrity • Innovation ♦ Accountability ♦ Commitment to Excellence • Teamwork City of Southlake City Council meeting agenda January 18, 2011 Page 5 of 8 E. ZA10 -073, Site Plan for Chicken Express on property being described as Lot 6, Block 1, Mesco Addition and being located at 2120 East State Highway 114. Current Zoning: S -P -2 Generalized Site Plan Zoning District. SPIN Neighborhood #4. PUBLIC HEARING F. ZA10 -074, Plat Revision for Lot 6R and Lot 7R, Block 1, Mesco Addition, being a replat of Lots 6 and 7, Block 1, Mesco Addition, being currently addressed as 2104 and 2120 East State Highway 114. Current Zoning: S- P-2 Generalized Site Plan Zoning District. SPIN Neighborhood #4. G. MSP10 -007, Master Sign Plan for Chicken Express located at 2120 East State Highway 114. H. Resolution No. 11 -003, (ZA10 -077), Specific Use Permit for the Southlake Tailgate Event, being a mass gathering event, on property described as Blocks 12 -14, 17 and 18, Southlake Town Square, Phase IV and Blocks 3R2, 4R1 Southlake Town Square, Phase 1 and the location being bounded by East State Highway 114 to the north, Main Street to the south, State Street to the West and Central Avenue to the east. Current Zoning: DT Downtown Zoning District. SPIN Neighborhood #8. PUBLIC HEARING 7. Ordinances, first readings, and related items: (There are no items on this agenda.) 8. Resolutions: A. Resolution No. 11 -005, Declare a 90 -Day Moratorium on the acceptance or processing of applications for well permits and specific use permits to permit mineral extraction through oil and gas exploration or operations, and on the acceptance or processing of applications for regulated or unregulated pipeline permits within the corporate limits of the City of Southlake. 9. Other items for consideration: A. SV10 -028, Variance to Sign Ordinance No. 704, as amended, for 7- Eleven located at 2100 East Southlake Boulevard. B. This item intentionally left blank. C. SV10 -030, Variance to the 280 Sports Conditional Sign Permit for Spartan Sports located at 280 Commerce Street, Suite 130. 10. Other items for discussion: (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 January 18, 2011 Page 6 of 8 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, January 14, 2011 by 6:00 p.m., pursuant to the Texas Government Code, Chapter 551. Tara Brooks Interim City Secretary J \ If you plan to attend this public* nd' eting a ave 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 January 18, 2011 Page7of8 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. 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 January 18, 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 CI TY O F S OUFTHLAKE ADDENDUM TO REGULAR CITY COUNCIL MEETING: JANUARY 18, 2011 LOCATION: 1400 Main Street, Southlake, Texas 76092 Council Chambers in Town Hall REGULAR SESSION: Immediately following the work session. 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 advice from the attorney regarding new federal case law referencing special protected land uses. 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, January 14, 2011 by 6:00 p.m., pursuant to the Texas Government Code, Chapter 551. Tara Brooks Interim City Secretary If you plan to attend this public meeting and have a disability that requires special needs, please advise the City Secretary 48 hours in advance at 817 - 748 -8016, and reasonable accommodations will be made to assist you.