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2009-04-07 CITY OF C SOUTHLAKE TEXAS REGULAR CITY COUNCIL MEETING: APRIL 7.2009 LOCATION: 1400 Main Street, Southlake, Texas 76092 Council Chambers in Town Hall WORK SESSION: 5:00 P.M. 1. Call to order. 2. Invocation: Betsy Godbold, Chaplain of the Month 3. Presentation by Judge Carol Montgomery regarding the City's participation in the Statewide Warrant Round Up. 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. 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 city attorney a. Seek advice from the city attorney regarding substandard building issues. 2. Section 551.072: Deliberation reaardina_ real property a. Discuss the potential purchase or lease of real property for city facilities. 3. Section 551.087: Deliberation regarding economic development negotiations a. Economic incentives for businesses. B. Reconvene: Action necessary on items discussed in Executive Session. City of Southlake values: Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork City of Southlake City Council meeting agenda April 7, 2009 Page 2 of 7 3. REPORTS: A. Mayor's Report 1. Update of upcoming meetings and events 2. Special recognition B. City Manager's Report 1. Introduction of Chamber of Commerce Awards Banquet winners 2. Financial Report - Certificates of Obligation, Series 2009 C. Parks and Recreation Board 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 March 3, 2009 regular City Council meeting. B. Resolution No. 09-002A, Amend Resolution No. 09-002 which called for a General and Special Election to be held May 9, 2009 by approving an agreement with the Tarrant County Elections Administrator. C C. Resolution No. 09-016, Appoint a Clerk of the Court. D. Resolution No. 09-006, Approve a business retention and expansion strategic plan for the City of Southlake. E. Approve a Community Events Participation Agreement with Southlake Women's Club for the Art in the Square event. F. Approve an amendment for design services on F.M. 1709 deceleration lanes to the existing Professional Services Agreement with Transystems Corporation in the amount of $7,735.00. G. Ordinance No. 662-D, 1St Reading, Revise the Drought Contingency Plan. (If approved at first reading, the public hearing will be held April 21, 2009.) H. Ordinance No. 895-B, V t Reading, Revise the Water Conservation Plan. (If approved at first reading, the public hearing will be held April 21, 2009.) 1. Approve an amendment to the Bicentennial Retail Plaza agreement. J. ZA08-033, Final Plat Extension for Winfield Estates on property located at 1107 and 1155 East Dove Street and 2210 North Carroll Avenue. Current City of Southlake values: Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork City of Southlake City Council meeting agenda April 7, 2009 Page 3 of 7 Zoning: R-PUD - Residential Planned Unit Development District. SPIN Neighborhood #5. Request for extension to May 8, 2010. K. ZA09-005, Plat Revision for Lot 11R, Block 1, The Lakes at La Paloma being a replat of property currently described as Lot 11, Block 1, The Lakes of La Paloma, located at 1104 La Paloma Court. Current Zoning: SF-20A - Single Family Residential District. Requested Zoning: SF-20A - Single Family Residential District. SPIN Neighborhood #9E. L. 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 21, 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. 480-580, 2"d 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. PUBLIC HEARING B. Resolution No. 09-017 (ZA08-115) Specific Use Permit for carports at 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. PUBLIC HEARING C. Ordinance No. 480-338a, 2nd 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. PUBLIC HEARING City of Southlake values: Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork City of Southlake City Council meeting agenda April 7, 2009 Page 4 of 7 D. 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, 2131, 3C, 3C1, 3C1 A, 3D, 3D1 A and 3D6, 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. PUBLIC HEARING E. Resolution No. 09-018 (ZA09-006) Specific Use Permit for an accessory building for the Tennis Complex at Bicentennial Park on property being described as Lot 2R2, L.B.G. Hall No. 686 Addition and being Tracts 1, 113, I C1, 1C2, 1C3, 1E, 2A, 2A1, 2A2,213, 2131, 3C, 3C1, 3C1 A, 3D, 3D 1 A and 3D6, 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. Requested Zoning: CS - Community Service District. SPIN Neighborhood #13. PUBLIC HEARING 7. Ordinances, first readings, and related items: A. Ordinance No. 953, 1St Reading, Adopt Illicit Discharge Ordinance. (If approved at first reading, the public hearing will be held April 21, 2009.) B. Approve Ordinance No. 598-C and related exhibits, revising aspects of the Southlake Program for the Involvement of Neighborhoods (SPIN) and replacing Ordinance No. 598-B. (If approved at first reading, the public hearing will be held April 21, 2009.) 8. Resolutions: A. Resolution No. 09-013, Appoint a member to the Senior Advisory Commission. B. Resolution No. 09-019, Authorize the city attorney to bring condemnation action for the purpose of obtaining a permanent public utility easement for the purpose of construction and maintenance of a right turn deceleration lane located at the Southlake Church, Lot 1 R1, Brock Addition, located at 2417 West Southlake Boulevard. 9. Other items for consideration: A. Consider approving staff recommendation of overhead street lighting selection for Kirkwood Boulevard, North Kimball Avenue and North White Chapel Boulevard. City of Southlake values: Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork City of Southlake City Council meeting agenda April 7, 2009 Page 5 of 7 B. Consider SV09-005, Variance to Sign Ordinance No. 704-C for Bethel Methodist Church located at 190 South White Chapel Boulevard. 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, April 3, 2009, by 6:00 p.m., pursuant to the Texas Government Code, Chapter 551. Lori ayne, TRM J .7 5 -Z* ? 011. Secretary If you plan to attend this public iReehgg and h&vea disability that requires special needs, please advise the City Secretary's OffiP.~48'*hr~..~fn advance at 817-748-8016 and reasonable 00 accommodations will be made to ass~lst-yow," City of Southlake values: Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork City of Southlake City Council meeting agenda April 7, 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, 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. 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 April 7, 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 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. AV% City of South/ake values: Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork