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Agenda CITY O F SOUTHLAKE TEXAS REGULAR CITY COUNCIL MEETING: JANUARY 4, 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. FY 2011 Project Priorities: A. Pathways Construction Priority List B. Wayfinding Signage Priority List C. Public Urban Enhancement Project Priority List (Tree Mitigation Funds) 4. Safety Town Park 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(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 the regulation of the sale of alcoholic beverages. d. Seek advice of the city attorney regarding Carroll Independent School District projects. City of Southlake values: Integrity ♦ Innovation • Accountability • Commitment to Excellence ♦ Teamwork City of Southlake City Council meeting agenda January 4, 2011 Page 2 of 8 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. 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 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 December 7, 2010 regular City Council meeting. B. Authorize the execution of a contract for the billing of treated water between the City of Fort Worth and the Cities of Keller, Southlake and Westlake. C. Resolution No. 10 -059, Approve the Advance Funding Agreement for a Transportation Enhancement Project for FM 1709 sidewalks. D. Approve an amendment to the TxDOT Local Project Advance Funding Agreement for the FM 1709 Median Project in the amount of $187,286.80. E. Resolution No. 11 -001, Appoint a Chairperson of the Board of Directors of Tax Increment Reinvestment Zone Number One for the 2011 calendar year. F. Approve the 2011 Interlocal Agreement with the cities of Colleyville, Grapevine and Keller for the Metroport Teen Court Program. City of Southlake values: Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork City of Southlake City Council meeting agenda January 4, 2011 Page 3 of 8 G. Approve a Community Services Agreement with the Southlake Chamber of Commerce. H. Approve a Community Services Agreement with Southlake Community Band. I. Approve a Community Services Agreement with APEX Arts League. J. Approve a Community Services Agreement with Arts Council Northeast. K. — N. These items were intentionally left blank. O. Approve a policy for the display of art in public facilities. P. Approve a Plat Extension request for ZA06 -030, Preliminary Plat for Saddleback Ridge Estates, located at 330 through 360 West Bob Jones Road. Current Zoning: SF -1A Single Family Residential District. SPIN Neighborhood #1. Q. Approve a Plat Extension request for ZA06 -185, Final Plat for Saddleback Ridge Estates located at 330 through 360 West Bob Jones Road and 4640 North White Chapel Boulevard. Current Zoning: SF -1A Single Family Residential District. SPIN Neighborhood #1. R. 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 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. (If approved at first reading, the public hearing will be held on January 18, 2011.) S. Ordinance No. 480 -439a (formerly noted as 480 -602) (ZA10 -065), 1st 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. (If approved at first reading, the public hearing will be held on January 18, 2011.) T. MSP10 -005, Amendment to the Master Sign Plan for White's Chapel United Methodist Church located at 185 South White Chapel Boulevard. City of Southlake values: Integrity ♦ Innovation • Accountability ♦ Commitment to Excellence ♦ Teamwork City of Southlake City Council meeting agenda January 4, 2011 Page 4 of 8 U. Authorize the City Manager to enter into a contract with Carroll Independent School District for the acquisition of right -of -way for the extension of East Kirkwood Boulevard. V. 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 District. SPIN Neighborhood #9. THIS ITEM IS ADMINISTRATIVELY TABLED AND THE PUBLIC HEARING CONTINUED TO THE JANUARY 18, 2011 CITY COUNCIL MEETING. (This is the eighth time this item will be tabled.) 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. ZA10 -066, Site Plan for expansions at Dawson Middle School and Eubanks Intermediate School on property being described as Lot 1R, Block 1, Carroll ISD No. 4 Addition and being located at 400 and 500 South Kimball Avenue. Current Zoning: CS Community Service District. SPIN Neighborhood #8. PUBLIC HEARING B. This item was intentionally left blank. C. Ordinance No. 480 -BBBB, 2nd Reading, An amendment to the Comprehensive Zoning Ordinance No. 480, as amended, as it pertains to termination or amortization of non - conforming uses. PUBLIC HEARING D. Resolution No. 10 -057 (GAS10 -004), Specific Use Permit for Gas and Oil Well Drilling and Production on property being located at 651 and 655 East Highland Street on property being described as a portion of Lots 1R1 and 2, Block A, Milner Addition. Current Zoning: AG Agricultural District. SPIN Neighborhood #7. PUBLIC HEARING E. GAS10 -005, Consider Requested Variances to Ordinance No. 880 -A, Gas and Oil Well Permit Drilling and Production Ordinance for gas well permit(s) associated with Gas and Oil Well Drilling and Production on City of Southlake values: Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence • Teamwork City of Southlake City Council meeting agenda January 4, 2011 Page 5 of 8 property being located at 651 and 655 East Highland Street on property being described as a portion of Lots 1R1 and 2, Block A, Milner Addition. Current Zoning: AG Agricultural District. SPIN Neighborhood #7. THIS ITEM IS RELATED TO THE SPECIFIC USE PERMIT (Resolution No. 10 -057 — GAS10 -004). F. GAS10 -006, Consider Requested Variances to Ordinance No. 880 -A, Gas and Oil Well Permit Drilling and Production Ordinance for a pipeline permit associated with Gas and Oil Well Drilling and Production on property being located at 651 and 655 East Highland Street on property being described as a portion of Lots 1R1 and 2, Block A, Milner Addition. Current Zoning: AG Agricultural District. SPIN Neighborhood #7. THIS ITEM IS RELATED TO THE SPECIFIC USE PERMIT (Resolution No. 10 -057 — GAS10 -004). G. Variance to Noise Ordinance No. 778, as amended, for Energy Transfer to install a pipeline for the transportation of natural gas along the State Highway SH -114 corridor. THIS ITEM IS RELATED TO THE SPECIFIC USE PERMIT (Resolution No. 10 -057 — GAS10 -004). H. Ordinance No. 993, 2nd Reading, Amending Chapter 11, Offenses and Miscellaneous Provisions of the City Code of Ordinances, as amended, by adding Article V, Prohibiting the possession, purchase, sale and ingestion of certain drugs. 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 -27, Variance to Sign Ordinance No. 704, as amended, for Straffort Garden Office Park located at 435 and 445 West Southlake Boulevard. 10. Other items for discussion: (There are no items on this agenda.) 11. Meeting adjourned. City of Southlake values: Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork City of Southlake City Council meeting agenda January 4, 2011 Page 6 of 8 CERTIFICATE I hereby certify that the above agenda was posted on the official bulletin boards at Town Hall, 1400 Main Street, Southlake, Texas, on Thursday, December 30, 2010 by 6:00 p.m., pursuant to the Texas Government Code, Chapter 551. Lori P TRW: '�0 ?wales City Seu Ctaiy' -- f��OGI�'C.(�fiLf If you plan to attend this public meeting and have a disability that requires special needs, please advise the City Secretary's Office 48 hours in advance at 817 - 748 -8016 and reasonable accommodations will be made to assist you. City of Southlake values: Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork City of Southlake City Council meeting agenda January 4, 2011 Page 7 of 8 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 4, 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