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2009-03-03 CITY OF SOUTH LAKE TEXAS REGULAR CITY COUNCIL MEETING: MARCH 3.2009 LOCATION: 1400 Main Street, Southlake, Texas 76092 Council Chambers in Town Hall WORK SESSION: 5:00 P.M. 1. Call to order. 2. Invocation: David Whitington, Chaplain of the Month 3. Discussion of a business retention and expansion strategic plan for the City of Southlake. 4. 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 1. Call to order. Q 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 Reaular 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 city attorney a. Seek advice of the city attorney regarding the solicitation ordinance. 2. Section 551.072: Deliberation reaardina real property a. Acquisition of right-of-way for T.W. King 30-inch water line. 3. Section 551.074: Deliberation regarding Dersonnel matters a. Deliberation of appointments of city board and commission members. 4. Section 551.087: Deliberation regarding economic development negotiations C a. Economic incentives for businesses. City of Southlake values: Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork City of Southlake City Council meeting agenda March 3, 2009 Page 2 of 7 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 1. Financial Report C. 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 February 17, 2009 regular City Council meeting and from the February 18, 2009 City Council Strategy Session. B. Cancel or reschedule the March 17, 2009 City Council meeting. C. Excuse a City Council member for absences from meetings. D. Award construction contract for water and sanitary sewer relocations on F.M. 1709 to Barson Utilities, Inc., in the amount of $502,832.75 and authorize construction phase contingencies. E. Award construction contract for paving and water system improvements for Highland Street (Shady Oaks Drive to State Highway 114) and paving improvements to serve Woodland Heights to Municipal Construction, Inc., in the amount of $922,253.73 and authorize construction phase contingencies. F. Approve a professional services agreement for engineering design services for segments B, C, D, and E of the North Water Supply Pipeline Project with Freese and Nichols, Inc. in the amount of $522,070. G. Approve a third amendment to the interlocal agreement with Tarrant County for allocation of Tarrant County bond funds being provided in conjunction with the F.M. 1938 project. H. Approve an interlocal agreement with the City of Grapevine and the City of Colleyville to fund the Metroport Teen Court. City of Southlake values: Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork City of Southlake City Council meeting agenda March 3, 2009 Page 3 of 7 Q I. Resolution No. 09-010, Establishing a Southlake Business Council (SBC); providing for appointments to the business council; and providing for an effective date. J. Consider SV08-001, Amendment to the Sign Variance for the North Country Office Building Tower Monument Sign located at 1050 East State Highway 114. K. Ordinance No. 480-579, 1St Reading (ZA08-062), Zoning Change and Concept Plan for 520 South White Chapel Boulevard on property being described as Tract 3E, Hiram Granberry Survey, Abstract No. 581 and being located at 520 South White Chapel Boulevard. Current Zoning: AG Agricultural District. Requested Zoning: SF-20A Single Family Residential District. SPIN Neighborhood #14. THIS ITEM HAS BEEN TABLED TO THE APRIL 7, 2009 CITY COUNCIL MEETING. L. ZA09-002, Site Plan for a log cabin at Bicentennial Park on property being described as Lot 2R2, L.B.G. Hall No. 686 Addition and being Tracts 1, 113, 1C1, 1C2, 1C3, 1E, 2A, 2A1, 2A2,213, 261, 3C, 3C1, 3C1 A, 3D, 3D 1 A and 3D6 in the L.B.G. Hall Survey Abstract No. 686 and being located at 400 North White Chapel Boulevard, 300 and 450 West Southlake ® Boulevard and 275-315 Shady Oaks Drive. Current Zoning: CS Community Service District. SPIN Neighborhood #10. THIS ITEM HAS BEEN TABLED TO THE APRIL 7, 2009 CITY COUNCIL MEETING. 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. 480-343a, 2"d Reading (ZA08-112), Zoning Change and Site Plan for Safety Town Park on property being described as Lot 3, Block 1, Corner Addition and being located at 2100 West Southlake Boulevard and 200 North Randol Mill Avenue. Current Zoning: S-P-1 Detailed Site Plan District. Requested Zoning: S-P-1 Detailed Site Plan District. SPIN Neighborhood #13. PUBLIC HEARING B. Plat Revision for Lots 3R1 and 3R2, Block 1, Corner Addition, being a revision of Lot 3, Block 1, Corner Addition, being located at 2100 West Southlake Boulevard and 200 North Randol Mill Avenue. Current Zoning: S-P-1 Detailed Site Plan District. Proposed Zoning: S-P-1 Detailed Site Plan District. SPIN Neighborhood #13. City of Southlake values: Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork City of Southlake City Council meeting agenda March 3, 2009 Page 4 of 7 C. ZA09-003, Site Plan for Panera Bread Bakery Caf6 on property being legally described as Lot 3, Block 1, Village Center Addition and being located at 2140 East Southlake Boulevard, Suite R. Current Zoning: C3 General Commercial District. SPIN Neighborhood #8. PUBLIC HEARING D. Consider SV09-001, Variance to Sign Ordinance No. 704-C for Panera Bread Bakery Cafe #1367 located at 2140 East Southlake Boulevard, Suite R. 7. Ordinances, first readings, and related items: A. Ordinance No. 480-580, 1St Reading (ZA08-066), Zoning Change and Site Plan for Brad Moss Dental Office on property being described as Lot 2, Block 1, Chivers Park Addition and a portion of Lot 3, Block 1, Chivers Park Addition being located at 1210 North Carroll Avenue. Current Zoning: 01 Office District and CS Community Service District. Requested Zoning: 01 Office District. SPIN Neighborhood #5. (If approved at first reading, the public hearing will be held March 17, 2009.) B. Ordinance No. 480-338a, 1St Reading (ZA08-116), Zoning Change and Site Plan for Carroll Senior High School on property being described as Lot 1 R, Block 1 R, Carroll High School Addition, being located at 1453 and 1501 West Southlake Boulevard and 301 South Peytonville Avenue. Current Zoning: S-P-1 Detailed Site Plan District. Requested Zoning: S-P- 1 Detailed Site Plan District. SPIN Neighborhood #16. (If approved at first reading, the public hearing will be held March 17, 2009) 8. Resolutions: A. Resolution No. 09-011, Appoint a member to the Planning and Zoning Commission. B. Resolution No. 09-012, Appoint an alternate member to the Southlake Arts Council. 9. Other items for consideration: A. Consider SV09-002, Variance to Sign Ordinance No. 704-C for the Nail Palace located at 2125 West Southlake Boulevard, Suite 335. B. Consider SV09-003, Variance to the Sign Ordinance No. 704-C for Southlake Town Square Grand Opening Sign located at the northeast corner of North Carroll Avenue and Southlake Boulevard. City of Southlake values: Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork City of Southlake City Council meeting agenda March 3, 2009 Page 5 of 7 C. Consider SV09-004, Variance to the Sign Ordinance No. 704-C for Lakes of La Paloma Addition Real Estate Signs. D. Consider a Community Events Participation Agreement with GreenFellows, Inc. for the Southlake Green Day event. 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 27, 2009, by 6:00 p.m., pursuant to the Texas Government Code, Chapter 551. J'fl'a' Gjo,.•,.......,•.•• Lori Payne, TRMC - s i - • N - City Secretary If you plan to attend this public mc~t{g a*ef a disability that requires special needs, please advise the City Secretary's Office"hlours 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 March 3, 2009 Page 6 of 7 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, Cadeo A. Capili and wife, Regina Capili and John R. Griggs and wife, Sally Griggs, Jill T. Gordon, and City of Southlake. July 2004. 2. Michael Kenny vs. City of Southlake. April 2008. 3. 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. City of Southlake values: Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork City of Southlake City Council meeting agenda March 3, 2009 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 manaaement plans regardina 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