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AgendaCiiv OF SOUTHLAKE TEXAS REGULAR CITY COUNCIL MEETING: SEPTEMBER 7 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: Scott Berry, Chaplain of the Month 3. Review and discuss reduction of neighborhood speed limits to 25 miles per hour adopted policy. 4. Parks and Recreation Board Report 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: 6:30 P.M. or immediately following the work session 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. 2. Section 551.072: Deliberation regarding real property a. Discuss the potential purchase or lease of real property for city facilities and projects. b. Seek advice from the city attorney on the amortization of non - conforming properties in the city. C. Discuss the potential amortization of property located at 815 Randol Mill Avenue (also known as 875, 845, 815, 850, 820, and 800 Enterprise Place, Enterprise Drive or Gifford Court). City of Southlake values: Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork City of Southlake City Council meeting agenda September 7, 2010 Page 2 of 7 3. Section 551.074: Deliberation regarding personnel matters a. Deliberation of appointments of city board and commission members. 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. Proclamation for Polycystic Kidney Disease (PKD) Awareness Month 3. Proclamation for National Preparedness Month 4. Southlake Arts Council Report 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 August 17, 2010 regular City Council meeting and the August 24, 2010 City Council work session. B. Approve SV10 -018, Variance to the Sign Ordinance No. 704 -D for Kaleidoscope of Homes in the Shady Oaks subdivision located at 820 Shady Oaks Drive. C. Approve Change Order No. 2 with Quality Excavation for the Quail Creek Neighborhood Sewer in the amount of $60,977.50. D. Resolution No. 10 -050, Call a special Local Option Election for May 14, 2011 for the legal sale of all alcoholic beverages, including mixed beverages. 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: City of Southlake values: Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork City of Southlake City Council meeting agenda September 7, 2010 Page 3 of 7 A. 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. PUBLIC HEARING B. Ordinance No. 480 -533a (ZA10 -042), 2nd Reading, Zoning Change and Site Plan for School of Rock on property being described as Lot 14, J.G. Allen No. 18 Addition and being located at 3220 West Southlake Boulevard. Current Zoning: S -P -1 Detailed Site Plan District. Requested Zoning: S -P -1 Detailed Site Plan District. SPIN Neighborhood #11. PUBLIC HEARING C. Ordinance No. 979, 2 Reading, Southlake 2030 West Sector Land Use Plan. PUBLIC HEARING D. Ordinance No. 981, 1 St Reading, Approve and adopt the Annual Budget for the Fiscal Year 2011 and approve the revised budget figures for the Fiscal Year 2010 and Multi -year Capital Improvements Plan. FIRST PUBLIC HEARING E. Ordinance No. 982, 1 St Reading, Tax Levy Ordinance. FIRST PUBLIC HEARING F. Adopt the FY 2011 Crime Control and Prevention District Operating Budget and Multi -year Capital Improvements Plan. 7. Ordinances, first readings, and related items: A. Ordinance No. 480 -534a (ZA10 -048), 1 St Reading, Zoning Change and Development Plan for Winfield Estates on property being described as Tract 1, 1C and 1C01, Absolom H. Chivers Survey, Abstract No. 299, and being located at 2210 North Carroll Avenue and 1155 and 1107 East Dove Road. Current Zoning: R -PUD Residential Planned Unit Development District. Requested Zoning: R -PUD Residential Planned Unit Development District. SPIN Neighborhood #3. (If approved at 1 St Reading, the Public Hearing will be held on September 21, 2010.) B. Ordinance No. 480 -597 (advertised as Ordinance No. 480 -598) (ZA10- 049), 1 St Reading, Zoning Change and Site Plan for Doctor Gist Office on property being described as Lot 1A, Block 1, Emerald Estates South and being located at 2379 North Carroll Avenue. Current Zoning: 0-1 Office Zoning District. Requested Zoning: S -P -1 Detailed Site Plan Zoning City of Southlake values: Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork City of Southlake City Council meeting agenda September 7, 2010 Page 4 of 7 District. SPIN Neighborhood #2. (If approved at 1 St Reading, the Public Hearing will be held on September 21, 2010.) C. Ordinance No. 704e, 1 St Reading, Amend Ordinance No. 704, the City of Southlake Comprehensive Sign Ordinance, for the purpose of regulating readerboards within the limits of the City of Southlake. (If approved at 1Sr Reading, the Public Hearing will be held on September 21, 2010.) 8. Resolutions: A. Resolution No. 10 -049, Appoint members to the Crime Control and Prevention District Board of Directors. 9. Other items for consideration: A. Approve a commercial developer's agreement for the Goddard School located at 435 West Southlake Boulevard with Southlake Noble LLC. B. Consider SV10 -017, Amend the Bicentennial Retail Plaza Conditional Sign Permit for Aleda's Pizza located at 410 West Southlake Boulevard, Suite 110. C. Approve recommendation of artists to design art for roundabouts and authorize staff to negotiate contracts and final concepts with selected artists. D. Approve Change Order No. 6 for the Neighborhood Improvement Project of Heatherwood Estates, Royal Oaks Addition, and Twin Creeks Addition for additional paving improvements with North Texas Contracting, Inc. in the amount of $75,327. 10. Other items for discussion: A. Discuss City Council meeting management. B. Discuss recommended Sign Ordinance revisions (logos). 11. Meeting adjourned. City of Southlake values: Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork City of Southlake City Council meeting agenda September 7, 2010 Page 5 of 7 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, September 3, 2010, by 6:00 p.m., pursuant to the Texas Government Code, Chapter 551. Lori Payne, TRMC City Secretary CO a Q e If you plan to attend this public me a hKe®a disability that requires special needs, please advise the City Secretary's Office 4� ht ds 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 September 7, 2010 Page 6 of 7 EXECUTIVE SESSION Section 551.071: Consultation with attornev 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 September 7, 2010 Page 7 of 7 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 safetv 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