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2009-01-20 CC Packet outhlake City Council meeting Public Comment Form Please print. Return completed form to City Secretary prior to start of regular session. Name: 6-guiP 11k1 ricf. Date: / JIzo9 Address: 2 L b (-7 c-e-e (Yak S N E' Phone: i G 4 . t' 33.3 Kish to share my views on an Agenda Item: Agenda Item# 9 `tC.JC'e x,/a,cf4 cf E. c.'1 / � ce4-1 e- ►. 0-1-1 h5i CoA eh- u I will speak in SUPPORT of this item �o A/ct ` TR A-66c I will speak in OPPOSITION to this item I do not wish to speak,but please record my si�/G sr SUPPORT OPPOSITION I wish to speak during Public Forum on an item not on tonight's agenda Topic: Note: To allow everyone an opportunity to be heard,please limit your comments to 3 minutes. Negil Southlake City Council meeting Public Comment Form Please print. Return completed form to City Secretary prior to start of regular session. Name: 4 1 /tri Date: D DA-k/D Address: / ?j� / ( i Phone: g ff 9 3 7--99 Z 9f I wish to share my views on an Agenda Item: Agenda Item# I will speak in SUPPORT of this item I will speak in OPPOSITION to this item I do not wish to speak, but please record my SUPPORT OPPOSITION �I wish to speak during Public Forum on an item not on tonight's agenda fin �/ L° 1i ,�/— (61.1Ie Topic: 4�mPi� � 6 n ,/U6�l7�'t�r� / Note: To allow everyone an opportune to be heard,please limit your comments to 3 minutes. ,_Fu'uthlake City Council meeting .� Public Comment Form Please print. Return completed form to City Secretary prior to start of regular session. Name: 1t l f4 Pr C Date: /71. 1 00? Address: 3 0 O L14 f L CT' Phone: gl ? Y 9l ? 2 00 VI-I wish to share my views on an Agenda Item: Agenda Item# C I will speak in SUPPORT of this item I will speak in OPPOSITION to this item I do not wish to speak. but please record my SUPPORT OPPOSITION I wish to speak during Public Forum on an item not on tonight's agenda Topic: Note: To allow everyone an opportunity to be heard,please limit your comments to 3 minutes. • &moor hum" _ im..i `. . __Nomad +..d ...J J J uJ aft ,'"''outhlake City Council meeting -� Public Comment Form Please print. Return completed form to City Secretary prior to start of regular session. Name: a c �Sr- -�— Date: Address: 6°27 &e:"--C" •Pc 4 c k , Phone: ff/2 V 2 2 L?I wish to share my view on an Agenda Item: Agenda Item # will speak in SUPPORT of this item I will speak in OPPOSITION to this item I do not wish to speak, but please record my SUPPORT OPPOSITION I wish to speak during Public Forum on an item not on tonight's agenda Topic: Note: To allow everyone an opportunity to be heard,please limit your comments to 3 minutes. . Description City Council meeting - Mayor absent; all City Council present; Greg Jones arrived 6:11 s Date 1/20/2009 Location Southlake Council Chambers 411.1 C I I I C I C C I I I I I C , • City Council meeting - Mayor absent; all City Council present; GreSouthlake Council Chambers Time Speaker Note 5:09:30 PM Mayor Pro Tern called the meeting to order and introduced the Chaplain of the L ..... John Terrell Month 5:09:44 PM Chaplain Margy gave the invocaton for the meeting Gore E 5:11:32 PM Mayor Pro Tern led the pledge of allegiance Terrell 5:11:46 PM Stacey Black introduced the work session item - I2ACTion Award recipients IL5:22:04 PM Assistant City presented information on work session item regarding solid Manager/Director of waste ordinance revisions [ Public Safety Jim Blagg 5:33:57 PM City Council discussed the solid waste issues - storm drains, contractors [ offering clean up services, proper mulching techniques, Christmas tree mulching, forecasted reduction I 5:34:37 PM Director Bob Price addressed question on grass clippings draining into the storm drains 5:40:56 PM Engineer Michael presented work session item on Kimball Road project- I James widening fro SH114 to Dove Road 5:54:45 PM Council asked questions on the Kimball Avenue projects - stacking depth, median width, plant species, possibility of a roundabout • kif at Kirkwood, lighting options - standard versus decorative, spacing of lights and types 5:58:26 PM Director Price answered various Council questions I6:03:13 PM Terrell reviewed consent agenda items -4a, 4b (came off agenda at this time), 4d, 4e, 4f, 4g, 4h, 4i, 4j to withdraw, 4k to table, 41, 4m I6:04:03 PM Laura Hill challenged paying the +3% increase on item 4b considering the economy 6:05:20 PM Terrell pulled item 4b off of the consent agenda to further evaluate IIincrease 6:06:40 PM Assistant City answered Council's questions Manager Ben . • IThatcher 6:08:42 PM City Manager Shana introduced new Director of IT, Dale Dean • Yelverton I6:10:28 PM City Manager introduced new Director of Community Services, Chris Tribble Yelverton 6:11:44 PM Mayor Pro Tern called for an executive session 11 Terrell • 7:22:28 PM Terrell called regular session back to order, no action from executive session IC 7:23:05 PM Terrell gave Mayor's Report on upcoming meetings and events L 'aw 1/20/2009 2 of 6 1 ... E City Council meeting - Mayor absent; all City Council present; Gre!Southlake Council Chambers Time Speaker Note 7:23:55 PM there was no local • i .... business report i given 7:24:01 PM Terrell introduced consent agenda items _ E 7:24:30 PM *Stansell motion to approve consent agenda removing item 4B at this time 7:24:34 PM Muller second -voted yes on everything with the exception of Item 4L E - consent agenda approved 6-0 (with the exception of Item 4L which was 5-1) , 7:25:26 PM public forum opened 7:25:30 PM *Greg Holm addressed an issue with a cattle feeder and manure on neighbor's property 1 . 7:28:49 PM Kenneth Home thanked the Council and the City of Southlake for recognizing Martin Luther King Jr. Day as a city holiday and recognizing the importance and significance of that day 1 7:30:37 PM iTerrell introduced item 6A- no staff presentation 7:30:39 PM public hearing no one spoke I7:30:58 PM Stansell motion to approve item 6A < 7:31:15 PM Muzyka second - approved 6-0 Ea 7:31:30 PM Terrell introduced item 6B - no staff presentation but Finn addressed legislation question Nip, 7:32:23 PM Muller would like us to keep the option open of considering restricting I hand held phones in other areas of the city too - thanked Councilmember Hill for her hard work on this issue . < I 7:33:28 PM Chief Robert Finn addressed current State legislation considerations 7:34:18 PM Laura Hill • said SPARK has been contacted to participate in the State . legislative process C 7:34:28 PM public hearing no one spoke opened 7:34:41 PM Hill motion to approve item 6B I 7:34:56 PM Muzyka 7:35:10 PM Ken Baker second - approved 6-0 presented items 6C and 6D to Council 7:47:49 PM :Stansell inquired about escrow- maintenance, tracking • I 7:48:56 PM Dr. Reid Williams, presented this item to Council and answered questions LandPlan • ••• I8:01:28 PM Council asked questions of the applicant 8:01:39 PM Jones dome material - stone features, windows, first floor user, material limestone samples, will have basically two color IIvariations on the stone, 1/20/2009 3 of 6 I E City Council meeting - Mayor absent; all City Council present; Gre!Southlake Council Chambers [ Time Speaker Note .., 8:07:43 PM Stansell questioned differences in the two options, building materials, L -w percentage of 30% stone, remainder plaster, 8:09:15 PM Architect Fernando answered questions regarding the plaster with a limestone IEAndrade finish . 8:12:18 PM Dr. Williams escrowed funds . i 8:12:48 PM public hearing no one spoke opened 8:13:03 PM Jones motion to approve item 6C subject to the presentation of the I applicant at this meeting and at the previous meeting, subject to the agreements set out, subject to the review I 8:13:41 PM Hill 8:13:52 PM Terrell second - approved 6-0 introduced item 6D 8:14:02 PM Jones motion to approve item 6D subject to review I8:14:23 PM Muzyka second - approved 6-0 8:14:53 PM Terrell asked if Council needed to specify Option A or B on Item 6C, I staff said the applicant wanted approval of both options allowing more versatility 8:16:18 PM Ken Baker presented item 6E to Council , ti 8:18:03 PM Applicant David Blasingame addressed Council's questions %to 8:19:14 PM public hearing no one spoke , I opened 8:19:46 PM Stansell motion to approve item 6E • 8:20:02 PM Muzyka second - approved 4-2 (Muller, Hill) I 8:20:25 PM Dennis Killough presented item 7A to Council and answered questions (Councilmember Greg Jones recused himself from this item, left the room, and turned in a conflict of interest form to the City. I Secretary) 8:30:23 PM Applicant Kevin and presented this item and answered questions relating to their Christi Abercrombie request - playground equipment, location of playground , 8:41:45 PM Terrell could Council limit this type of use to this particular tenant I 8:41:49 PM Allen Taylor 8:44:33 PM Muller since it is an SP1 zoning, Council could limit it asked about the DFW Airport letter regarding noise levels and schools at this location due to airport noise I8:46:07 PM Christi Abercrombie addressed noise levels in this building 8:50:56 PM Council discussed the use, noise levels, safety, playground size I8:58:07 PM Abercrombie asked to table to further evaluate the noise issue 8:58:09 PM Stansell motion to table to the next meeting 3. 1/20/2009 4 of 6 I — E • City Council meeting - Mayor absent; all City Council present; Gre!Southlake Council Chambers LTime Speaker Note / 8:58:11 PM Muller second -tabled 5-0 (Jones recused himself and was out of ,.Y room) • 8:59:05 PM Dennis Killough presented item 7B to Council and answered questions 9:06:28 PM Council asked questions about sidewalks, cross access easements, surrounding uses 9:07:29 PM Allen Taylor stated that sometimes applicants have to divide land when they refinance property I 9:07:42 PM Applicant Debbie answered Council's questions, is aware of recommendations Snow, 404 South Pearson 9:09:03 PM Stansell motion to approve item 7B subject to P&Z motion that sidewalk will be installed at time of platting and subject to review 9:09:39 PM Muzyka second - approved 5-0 9:10:32 PM Chris Tribble presented item 9B to Council and answered questions j 9:18:58 PM Muller jox box noise deterrent? batting cage location? I9:20:23 PM Muller has analysis been done on how much money is spent on one sport over another based on use and the community's needs? 9:21:16 PM Stansell improved warm up area , 9:22:51 PM Terrell allowed the public to speak 9:23:01 PM Karen Antala spoke in support of the fence being built - asked for cost Eanalysis of maintenance on types of fences - asked Council to thir+ consider building the north fence all at one time 9:24:57 PM Kai Fischer spoke in support - batting cage budget amendment 9:26:36 PM Mike McClanahan spoke in support - represented Southlake Baseball Association ; 9:27:49 PM Jones asked about the use of the batting cages when they get wet i and are muddy, warm up area activities I 9:29:19 PM Terrell would like to see a study done to see how many funds are ' spent on the various sports -what groups are using what fields on what basis I 9:32:38 PM Stansell the City does have a good idea of the number of kids in the perspective sports but he would like to see additional information I 9:34:07 PM Terrell thinks we have an excellent Parks staff who is doing everything they can with what they have 9:34:45 PM Jones thinks the staff does a great job in balancing between the I various groups 9:35:28 PM Yelverton it would be a good idea to also include a list of amenities including passive space and improvements over the last few C years L ..... 1/20/2009 5 of 6 • ' City Council meeting - Mayor absent; all City Council present; Gre!Southlake Council Chambers Time Speaker Note A 9:41:43 PM Jones motion to approveitem 9B addition of an 8' Cedarcrete fence 1141w with addition of battng cages to up upgraded as descibed, with approx $12K to added with matching funds be added towards that part of the project 9:42:39 PM Muller second - approved 6-0 9:42:52 PM Terrell adjourned meeting C C C C C C C C 1/20/2009 6 of 6 C C CONFLICT OF INTEREST AFFIDAVIT THE STATE OF TE S § COUNTY O 772 _ § I, � as a member of the / 'U L , of the City of outhlake, make this affidavit and hereby on oath state the following: I, my spouse, and/or a person or persons related to me within the first degree of consanguinity or affinity, have a substantial interest in a business entity or real property as defined in Chapter 171, Texas Local Government Code, and/or City of Southlake No. 635-A and a vote is to be taken or a decision is to be made that will have a special economic effect on this business entity or real property. The agenda item affecting this business entity or real property is: 7, . COMPLETE (A) or(B): (A) The business entity is Z �d � ( ame); or (B) The real property is located at: I have a substantial interest because I, my spouse, and/or a person or persons related to me within the first degree of consanguinity or affinity have the following relationship to the business entity or real property which will likely be affected by the vote on the above-referenced agenda item: (check all which are applicable) Ownership of 10%or more of the voting stock or shares of the business entity. Ownership of 10% or more or $5,000 or more of the fair market value of the business entity. Funds received from the business entity exceed 10%of gross income for the previous year. Hold a position of member of the board of directors or other governing board of the business entity. Serve as an elected officer of the business entity. An employee of the business entity. Creditor, debtor or guarantor of the business entity in the amount of five thousand dollars ($5,000.00) or more. Property of the person has been pledged to the business entity or is subject to a lien in favor of the business entity in the amount of five thousand dollars ($5,000.00) or more. Have an equitable or legal ownership of real property with a fair market value of at least $2,500.00. C i , , t/Other: / E� Tom, =7.,, ,„1-t (23?„___ L 4., IE Upon filing of this affidavit with the City Secretary, I affirm that I will abstain from voting on any decision and from any further participation by discussion or debate regarding the above-referenced agenda item. I also affirm that this affidavit is being submitted to the City Secretary before the start of the meeting at which the agenda item in question is being addressed or as soon as practicable once I realized a potential conflict exists. j4L)Signed this �� day of , 20A. ./ c IESigna ure o Official The State of la (,5 § CCounty of (Arra fr fr § Before me, Lori paikt, , on this day personally appeared IE CIIT. ovtP. known to me (or proved to me on the oath of — ) ) or through (description of identity card or other document) to be the person whose name is subscribed to the foregoing instrument and stated that the ff statements made in this affidavit are within his personal knowledge and true and correct. Ilw Given under my hand and seal of office this Oday ofy , C ' (SEAL) C ,, aanuiar.k \QPYNE. 4 ' �. �y Pus/ ... I. Notary Public in and foie State of Texas J 0 `� x ys4 r E 0*If?:e a [ -.' ''........re.T�0 '��,nii/ii0 �21"��aac\ C C C L 1110/ C 6000 WESTERN PLACE,SUITE 200 Taylor Olson Adkins Sralla Elam TELEPHONE:(817)332-2580 I-30 AT BRYANT-IRVIN ROAD L.L.P. TOLL FREE:(800)318-3400 FORT WORTH,TEXAS 76107-4654 FACSIMILE:(817)332-4740 �, EMAIL:TOASE@TOASE.COM Attorneys * Counselors WEBSITE:WWW.TOASE.COM L .....„ E.ALLEN TAYLOR,JR. ExT 212 ataylorntoase.com IIJanuary 20, 2009 CONFIDENTIAL ATTORNEY/CLIENT PRIVILEGE VIA HAND DELIVERY Mayor and City Councilmembers C City of Southlake 1400 Main Street Southlake, Texas 76092 Re: Legality of Executive Session Posting Dear Mayor and Councilmembers: You have asked our office to review the executive session posting for the January 20,2009, regular city council meeting. It is my understanding that the following executive session has been posted for the requisite time: 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 C 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. C1. Section 551.071: Consultation with attorney a. Briefing from the city attorney's office and project staff on DFW Connector. b. June G. Thrash vs. City of Southlake, et al. C2. Section 551.087: Deliberation regarding economic development negotiations Ca. Economic incentives for businesses. CSection 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 L ..... 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 CW:\Southlake\L.etters\Mayor&CC L.etters\Mayor&CC.EAT.110.Wpd January 20, 2009 Page 2 conflicts with Chapter 551. This includes the following pending and/or contemplated litigation subjects: 1. James Lancaster and wife, Catherine Lancaster vs. Gary M. Gordon d/b/a Gordon Taylor Custom Homes,Carleo A.Capili and wife,Regina Capili and John R.Griggs and wife,Sally Griggs, Jill T. Gordon, and City of Southlake. July 2004. 2. June G. Thrash v. City of Southlake, et al. January 2008. 4. Michael Kenny vs. City of Southlake. April 2008. 5. 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 �„ ersonnel matters p The City Council may deliberate the appointment, employment, evaluation, reassignment, duties, discipline,or dismissal ofpublic officers,including the City Manager,City Secretary,City Attorney, Municipal Judge and some 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(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 4110 W:\Southlake\Letters\Mayor&CC Letters\Ivlayor&CC.EAT.110.wpd I January 20, 2009 Page 3 Aro 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 retarding pipeline safety The City Council may discuss emergency management plans involving pipeline safety and/or security ofpipeline infrastructures or facilities when those plans or discussions contain such sensitive information. The purpose of this letter is to provide an opinion whether the city council may legally Ck discuss the above-referenced topics in executive session. Based upon the guidelines we have previously supplied the city council, and subject to the discussion below, we conclude that all the posted items fall within an exception to the Open Meetings Act, Government Code, Chapter 551. Therefore,discussion on these matters may legally occur in closed session. In addition,this opinion extends to any legal advice given to the council in executive session. It is appropriate for the council to receive legal advice from our office about any of the above listed lawsuits or claims. Further, it is appropriate for the council to discuss in executive session the exchange, lease or value of real property under Section 551.072 if the city council reasonably believes that deliberation in open session would have a detrimental effect on the city's negotiations for that property. Additionally,it is appropriate for the council to deliberate in executive session a negotiated contract for a prospective gift or donation under Section 551.073 if the city council reasonably believes that deliberation in an open meeting would have a detrimental effect on the position of the city. Under Section 551.074, the city council may deliberate the appointment or employment of a city officer, or employee. Under Attorney General opinions rendered in different contexts, the Attorney General has concluded that personnel discussions under this section must pertain to an individual, rather than a class of employees. Further, under Section 551.074, the city council may deliberate the appointment, employment,evaluation,reassignment,duties,discipline,or dismissal of a city officer,including the LW:\Southlake\Letters\Mayor&CC Letters\Mayor&CC.EAT.l 10.wpd I January 20, 2009 Page 4 city manager and city secretary. If you have any additional questions or concerns,please feel free to contact our office. Sincerely, Ctea, E. Allen Ta r, Jr. EAT/ds cc: Shang Yelverton City of Southlake 1400 Main Street Suite 460 Southlake, Texas 76092 Lori Payne CI" City of Southlake 1400 Main Street Suite 270 Southlake, Texas 76092 C I I C in/ W:\Southlake\Letters\Mayor&CC Letters\Mayor&CC.EAT.110.wpd C r, CITY OF SOUTHLAKE "'0, TEXAS REGULAR CITY COUNCIL MEETING: JANUARY 20, 2009 LOCATION: 1400 Main Street, Southlake, Texas 76092 Council Chambers in Town Hall WORK SESSION: 5:00 P.M. 1. Call to order. 2. Invocation: Margy Gore, Chaplain of the Month 3. I2ACTion Award presentation (July - December 2008) 4. Solid waste ordinance revisions 5. Kimball Road project 6. 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: 6:00 P.M. or immediately following the work session EL 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. Briefing from the city attorney's office and project staff on DFW Connector. b. June G. Thrash vs. City of Southlake, et al. 2. 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 ..r City of Southlake values: Integrity♦ Innovation ♦Accountability♦ Commitment to Excellence ♦ Teamwork • i City of Southlake City Council meeting agenda January 20,2009 Page 2 of 6 1. Update of upcoming meetings and events B. Local Business 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 January 6, 2009 regular City Council meeting. 9 B. Approve the renewal of landscape maintenance contracts with TruGreen LandCare in the amount of$93,894.40. C. This item was intentionally left blank. D. Approve the 2009 Community Service Agreement with Call A Ride Southlake. E. This item was intentionally left blank. C F. Approve contracts with Archie St. Clair in the amount of 2� pP $ 80,000 and Liz Bonham in the amount of $5,000 to provide art for the new DPS Headquarters. G. Resolution No. 09-001, Supporting Rail North Texas: a primary rail legislative program with supplemental roadway improvements. H. Approve an encroachment and joint use agreement with Charleston Court, LP for Lot 3R, Block 4, Cornerstone Business Park. I. Variance to the Subdivision Ordinance No. 483, as amended, regarding plat expirations, requesting to extend the validity of Case ZA06-046, Plat Revision Lot 2B2AR, Block 1, Burnett Acres located at 1275 Shady Oaks Drive. Current Zoning: SF-2 Single Family Residential District. SPIN Neighborhood #11. J. Consider SP08-268, Variance to Sign Ordinance No. 704-C for Scooter's Chevron located at 2150 East State Highway 114. THE APPLICANT HAS REQUESTED TO WITHDRAW THIS REQUEST. K. ZA07-144, Site Plan for Lot 1, Players Circle on property being legally described as Lot 1, Block 1, Players Circle Addition and being located at 1901 West Southlake Boulevard. Current Zoning: C3 General Commercial City of Southlake values: Integrity♦ Innovation •Accountability♦ Commitment to Excellence ♦ Teamwork City of Southlake City Council meeting agenda January 20,2009 Page 3 of 6 L ,a, District. SPIN Neighborhood #16. THE APPLICANT HAS REQUESTED TO TABLE THIS REQUEST UNTIL THE FEBRUARY 3, 2009 CITY COUNCIL MEETING. L. Appoint Chris Tribble as Director of Community Services. M. Appoint Dale E. Dean III as Director of the Department of Information Technology. 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. Ordinance No. 951, 2nd Reading Amending Chapter 2, "Administration" of the Southlake City Code (1996), as amended, to establish The Department of Information Technology to be headed by the Director of Information Technology. PUBLIC HEARING B. Ordinance No. 952, 2nd Reading, Approve a ban of the use of handheld Et wireless communication devices in active school zones. PUBLIC HEARING C. ZA08-080, Site Plan for Southlake Regional Medical Center on property being legally described as the remainder of Block 1, Brightbill Addition, and being Tracts 3E1A, 3E1B and 3E1C, Larkin H. Chivers Survey, Abstract No. 300. The property is located at 440 East Highland Street and 335 East State Highway 114. Current Zoning: S-P-2 Generalized Site Plan District. SPIN Neighborhood #11. PUBLIC HEARING D. ZA08-104 Plat Revision for Lots 1 - 5, Block 1, Southlake Regional Medical Center being a replat of property currently described as the remainder of Block 1, Brightbill Addition, and being Tracts 3E1A, 3E1B and 3E1C, Larkin H. Chivers Survey, Abstract No. 300 and being located at 440 East Highland Street and 335 East State Highway 114. Current Zoning: S-P-2 Generalized Site District. SPIN Neighborhood #11. E. Resolution No. 09-003, (ZA08-117), Specific Use Permit for Kroger Valentine's Day tent sale on property being described as Lot 3, Block 1, Village Center Addition and being located at 2110 East Southlake Boulevard. Current Zoning: C3 General Commercial District. SPIN Neighborhood #8. PUBLIC HEARING 1. 7. Ordinances, first readings, and related items: ..r City of Southlake values: Integrity• Innovation ♦Accountability♦ Commitment to Excellence • Teamwork • City of Southlake City Council meeting agenda January 20,2009 Page 4 of 6 A. Ordinance No. 480-187b, 1st Reading (ZA08-109), Zoning Change and Site Plan for The Spanish Schoolhouse at the 280 Sports Complex on property being described as Lot 2R, Block B, Commerce Business Park Addition and being located at 280 Commerce Street. Current Zoning: S- P-1 Detailed Site Plan District. Requested Zoning: S-P-1 Detailed Site Plan District. SPIN Neighborhood #7. (If approved at first reading, the public hearing will be held February 3, 2009.) B. Ordinance No. 480-197a, 1st Reading (ZA08-111), Zoning Change and Site Plan for Snow's Gymnastics Center on property being described as Lot 9, J.G. Allen No. 18 Addition and being located at 401 and 407 South Pearson Lane. Current Zoning: S-P-1 Detailed Site Plan District. Requested Zoning: S-P-1 Detailed Site Plan District. SPIN Neighborhood #15. (If approved at first reading, the public hearing will be held February 3, 2009.) 8. Resolutions: (There are no items on this agenda.) 9. Other items for consideration: Et A. This item intentionally left blank. B. Consider a budget amendment for the Bicentennial Park project. 10. Other items for discussion: (There are no items terns on this agenda.) 11. Meeting adjourned. CERTIFICATE I hereby certify that the above agenda was posted on the official bulletin boards at Town Hail, 1400 Main Street, Southlake, Texas, on Friday, January 16, 2009, by 6:00 p.m., pursuant to the Texas Government Code, Chapter 551. Lori Payne, TR = 15 _ City Secretary = '_ s If you plan to attend this puI51ie,mee,i1 addhave a disability that requires special needs, please advise the City Secretaty's dflfee""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 20,2009 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. James Lancaster and wife, Catherine Lancaster vs. Gary M. Gordon d/b/a Gordon Taylor Custom Homes, Carleo A. Capili and wife, Regina Capili and John R. Griggs and wife, Sally Griggs, Jill T. Gordon, and City of Southlake. July 2004. 2. June G. Thrash vs. City of Southlake, et al. January 2008. 3. Michael Kenny vs. City of Southlake. April 2008. 4. 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. E, Section 551.073: Deliberation regarding prospective gift or donation "kw 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 20,2009 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. Et 1 C C C C C City of Southlake values: Integrity♦ Innovation •Accountability♦ Commitment to Excellence • Teamwork 0 I CITY OF SOUTHLAKE L. LOCATION: Southlake Town Hall 1400 Main Street 3rd Floor Training Room #3D Southlake, Texas 76092 DATE AND TIME: Wednesday, January 14, 2009 4:00 p.m. AGENDA: 1. Welcome and introductions. 2. Open Forum — Discuss potential for Southlake Business Council program. 3. Adjournment. Aquorum of the CityCouncil, the Planningand ZoningCommission, or the Parks and Recreation Board may or may not be present at this meeting. [a CERTIFICATE I hereby certify that the above agenda was posted on the official bulletin board at Town Hall, 1400 Main Street, Southlake, Texas, on Friday, January 9, 2009, by 6:00 p.m., pursuant to the Texas Government Code, Chapter 551. 00;1111i1F11/,, i .• 9'e O� Lori Payne, TRM o>• • City Secretary i If you plan to attend this public veefmg hve a disability that requires special needs, please advise the City Secretary 4&',limit ` .1ir1' advance at 817-748-8015 and reasonable N 11 accommodations will be made to assist1111 1 you. I Lin" I I City of Southlake values: Integrity♦ Innovation •Accountability♦ Commitment to Excellence ♦ Teamwork STATE OF TEXAS § § CITY OF SOUTHLAKE § CERTIFIED AGENDA YYI arr. nro I Volvt.�errel(CITY COUNCIL I, r , CITY OF SOUTHLAKE, TEXAS, HEREBY CERTIFY AS FOLLOWS: 1. That notice of an executive session in accordance with Chapter 551 of the Texas Government Code was duly posted along with the Regular Agenda for the 1=2-0R , City Council meeting on I- I(o-o ( , by to :OD a.m p.m 2. That • - ity Council convened in executive session on (-g.0-O6l , at (o: 3 0 , a.m. lar ith the following Councilmembers and staff members present: n AndTni aga Pkb4e4 # Shana Yelverton, City Manager John Terrell Jim Blagg, Assistant City Manager Virginia M. Muzyka Ben Thatcher, Assistant City Manager Laura K. Hill Lori Payne, City Secretary Greg Jones City Attorney A l(e k -ray!or Vernon Stansell Other staff members: Pamela Muller 3. That the matters discussed by the City Council were as follows: 00/^ '` L / e Price (1) F3('i 2- .,kc3 oo II) ,W CokineC-kw f rO 1 ec- - 17arGt I_ �) Other staff membe�esent for (1):Je r rY I'1°�Z. ( OAP (2) June. 6-. ( r1r-as(A- VS. c( o- C -(-t &lee Other staff members present for (2): golo O ce, (3) 1 rr I419 +'` 9 6, git - .A - I -ekt enN(a Pack, froi eer Other staff members present for (3): ) azr(-s -r1Q0Ie (4) Other staff members present for (4): (5) Other staff members present for (5): 4. No formal action was taken by the Council during executive session. 5. That the executive session ended on I` -O—O[ at I '0 a.m.(En 7"---- 41.,CP Lori Payne do li n Terre f t City Secretary Meyer I'140-yar Pro le ok N:\City Secretary\Forms\certified agenda 2008.doc