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2010-02-16 CITY OF S0UTHLA1<,E TEXAS REGULAR CITY COUNCIL MEETING: FEBRUARY 16 2010 LOCATION: 1400 Main Street, Southlake, Texas 76092 Council Chambers in Town Hall WORK SESSION: 5:30 P.M. 1. Call to order. 2. Invocation: Eric Hulet, Chaplain of the Month 3. 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: 6:30 P.M. or immediately following the work session 1. Call to order. 2. A. Executive Session: Pursuant to the Open Meetings Act, Chapter 551, Texas Government Code, Sections 551.071, 551.072, 551.073, 551.074, 551.076, 551.087, 418.183(f), and 418.106(d) & (e). Refer to posted list attached hereto and incorporated herein. Executive Session may be held, under these exceptions, at the end of the Regular Session or at any time during the meeting that a need arises for the City Council to seek advice from the City Attorney as to the posted subject matter of this City Council meeting. 1. Section 551.071: Consultation with attorney a. Seek attorney consultation regarding gas drilling and production and gas utility companies. 2. Section 551.072: Deliberation regarding real property a. Discuss the potential purchase or lease of real property for city facilities. 3. 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 City of Southlake values: Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork City of Southlake City Council meeting agenda February 16, 2010 Page 2 of 6 1. Update of upcoming meetings and events B. City Manager's Report 1. Financial Report CONSENT AGENDA: All items listed below are considered to be routine by the City Council and will be enacted with one motion. There will be no separate discussion of items unless a Councilmember or citizen so requests, in which event the item will be removed from the general order of business and considered in its normal sequence. 4. Consent: A. Approve minutes from the February 2, 2010 regular City Council meeting. B. Resolution No. 10-011, Call a General Election for May 8, 2010. (Resolucion No. 10-011, convocatoria a las elecciones generales para el 8 de mayo de 2010.) C. This item was intentionally left blank. D. Approve a Right-of-Way Encroachment Agreement on 1816 Shady Oaks Drive. E. Ordinance No. 968, 1St Reading, Adopt an ordinance to dedicate street right-of-way from City-owned property at the southeast corner of Dove Road and North White Chapel Boulevard for the purpose of constructing future street improvements. (If approved at first reading, the public hearing will be held March 2, 2010.) F. Approve a multi-city Tree Services Contract with Alpine Tree Service. G. This item was intentionally left blank. H. This item was intentionally left blank. 1. This item was intentionally left blank. J. This item was intentionally left blank. K. Approve SPDC Matching Funds request from Roxy Tennis, L.L.P. in the amount of $40,500 for construction of a sixth tennis court at the Southlake Tennis Center. L. Approve SPDC Matching Funds request from Southlake DPS Citizens Association in the amount of $50,000 for Southlake Safety Town. City of Southlake values: Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork City of Southlake City Council meeting agenda February 16, 2010 Page 3 of 6 M. Approve the purchase of software licenses to Microsoft Corporation in the amount of $99,618.54. N. Variance to the Subdivision Ordinance No. 483, Section 4.01(1)(2) (Plat Expiration) and Section 4.01(1)(3) (Plat Extension), as amended, extending the validity of case No. ZA09-001, Lot 8, A. H. Chivers No. 299 Addition. Current Zoning: S-P-1 Detailed Site Plan District. SPIN Neighborhood #3. 0. ZA09-077, Plat Showing for Lots 31 and 32, Francis Throop Survey No. 1511 Addition on property being described as Tract 3A1 F3, Francis Throop Survey, Abstract No. 1511 and being located at 1810 North Sunshine Lane. Current Zoning: SF-1A Single Family Residential District. SPIN Neighborhood #4. P. Ordinance No. 480-588 (ZA09-017), 1St Reading, Zoning Change and Site Plan for Bethel Methodist Church of Southlake on property being described as Tracts 2C26 and 2C27, J.G. Allen Survey, Abstract No. 18, and being located at 180 and 190 Jellico Circle West. Current Zoning: SF- 1A Single-Family Residential District. Requested Zoning: S-P-1 Detailed Site Plan District. SPIN Neighborhood #11. THE APPLICANT HAS REQUESTED TO TABLE THIS ITEM TO THE MARCH 2, 2010 CITY COUNCIL MEETING. Q. Ordinance No. 480-549a, 2nd Reading (ZA09-059), Zoning Change and Site Plan for Invitation Park on property being described as Tracts 313, 31301 and a portion of 3D01, Obediah W. Knight Survey, Abstract No. 899 and being located at 821, 825 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 #8. THE APPLICANT HAS REQUESTED TO TABLE THIS ITEM TO THE MARCH 2, 2010 CITY COUNCIL MEETING. (The request for an Assisted Living Facility as a permitted use on this property has been withdrawn by the applicant.) 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. This item was intentionally left blank. B. ZA10-004, Site Plan for Taco Bueno #3126 on property being described as Lot 3, Block 1, Perry/Allen Addition and being located at 2305 East City of Southlake values: Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork City of Southlake City Council meeting agenda February 16, 2010 Page 4 of 6 Southlake Boulevard. Current Zoning: C-3 General Commercial District. SPIN Neighborhood #8. PUBLIC HEARING C. Consider SV10-002, Variance to Sign Ordinance No. 704, as amended, for Taco Bueno located at 2305 East Southlake Boulevard. 7. Ordinances, first readings, and related items: (There are no items on this agenda.) 8. Resolutions: (There are no items on this agenda.) 9. Other items for consideration: (There are no items on this agenda.) 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, February 12, 2010, by 6:00 p.m., pursua t to the Texas Goyernment<Code, Chapter 551. Lori Payne, TRM City Secretary ` If you plan to attend this pubtip meetirlg46d have a disability that requires special needs, please advise the City Secretary's 6fflddl"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 February 16, 2010 Page 5 of 6 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. Michael Kenny vs. City of Southlake. April 2008. 2. Jayson Steele vs. City of Southlake. August 2008. 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. Section 418.183(fl: 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 City of Southlake values: Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork City of Southlake City Council meeting agenda February 16, 2010 Page 6 of 6 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