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2010-10-19 ► ' CITY OF SOUTHLAKE TEXAS REGULAR CITY COUNCIL MEETING: OCTOBER 19, 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: Clayton Reed, Chaplain of the Month 3. Presentation of Life Saving Awards 4. Update on Big Game Event 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 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 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 requirements associated with Carroll Independent School District properties. 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 October 19, 2010 Page 2 of 6 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 2. Baylor Regional Medical Center at Grapevine update B. City Manager's 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 October 5, 2010 regular City Council meeting and the October 5, 2010 joint work session with City Council and the Planning and Zoning Commission. B. Approve Amendment No. 3 to the existing Professional Services Agreement for design services on the F.M. 1709 sidewalks with Jacobs Engineering Group in the amount of $49,130. C. Approve a Professional Services Agreement for design services on the 20 -inch water line along State Highway 114 from Southlake Town Square to North White Chapel Boulevard with Cheatham & Associates, Inc. in the amount of $134,410. D. Ordinance No. 598 -E, 1 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. (If approved at 1 Reading, the Public Hearing will be held on November 2, 2010.) E. Award purchase of paving equipment from Holt Caterpillar, Inc. in the amount of $470,695 through the BuyBoard® government purchasing program. F. Ordinance No. 985, 1 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 City of Southlake values: Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork City of Southlake City Council meeting agenda October 19, 2010 Page 3 of 6 improvements. (If approved at 1 Reading, the Public Hearing will be held on November 2, 2010.) G. Ordinance No. 480 -600 (ZA10 -053), 1 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. (If approved at 1st Reading, the Public Hearing will be held on November 2, 2010.) H. Ordinance No. 480 -599 (ZA10 -052), 1 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. (If approved ate Reading, the Public Hearing will be held on November 2, 2010.) I. Ordinance No. 980, 1 Reading, Southlake 2030 Southeast Sector Land Use Plan. (If approved at 1 Reading, the Public Hearing will be held on November 2, 2010.) J. 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. Requested Zoning: S -P -2 Generalized Site Plan Zoning District. SPIN Neighborhood #9. THE APPLICANT HAS REQUEST TO TABLE THIS ITEM TO THE NOVEMBER 2, 2010 COUNCIL MEETING. (THIS IS THE 4 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. This item intentionally left blank. B. Resolution No. 10 -055 (ZA10 -055), Specific Use Permit for a Mass Gathering for Home for the Holidays and Tree Lighting event on property being located at Southlake Town Square. Current Zoning: DT Downtown District. SPIN Neighborhood #8. PUBLIC HEARING City of Southlake values: Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork City of Southlake City Council meeting agenda October 19, 2010 Page 4 of 6 C. ZA10 -056, Site Plan for a shade structure at Eubanks Intermediate School on property being described as Lot 1R, Block 1, CISD No. 4 Addition, and being located at 500 South Kimball Avenue. Current Zoning: CS Community Service District. SPIN Neighborhood #8. PUBLIC HEARING D. Ordinance No. 983, 2nd Reading, Southlake 2030 Central Sector Land Use Plan. PUBLIC HEARING 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: A. Consider SV10 -021, Variance Sign Ordinance No. 704, as amended, for Chase Bank located at 1700 East Southlake Boulevard. 10. Other items for discussion: A. Review recommendations of the DFW Connector Landscaping Plan. 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, October 15, 2010 by 6:00 p.m., pursuant to the Texas Government Code, Chapter 551 Lifia ln /l P . ry 4tYL f __ ��JJ ady deattaty e a4 f < F <' t ,`1 \�i % If you plan to attend this public meeting and have a disabil tS'et1h t special needs, please advise the City Secretary's Office 48 hours in advance at 817 - 748 -8016 and reasonable accommodations will be made to assist you. City of Southlake values: Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork City of Southlake City Council meeting agenda October 19, 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. 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 October 19, 2010 Page 6 of 6 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