2009-04-21CITY OF
C SOUTHLAKE
TEXAS
C 2. A. Executive Session: Pursuant to the Open Meetings Act, Chapter 551,
REGULAR CITY COUNCIL MEETING: APRIL 21, 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. Proclamation for Administrative Professionals Week 2009
4. Development Activity Report presentation
5. COPS Code Enforcement Program presentation
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
Call to order.
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 551.072: Deliberation regarding real property
a. Discuss the potential purchase or lease of real property for
city facilities.
2. Section 551.087: Deliberation regarding economic
development negotiations
a. Economic incentives for businesses.
B. Reconvene: Action necessary on items discussed in Executive Session.
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3. REPORTS:
A. Mayor's Report
1. Update of upcoming meetings and events
City of Southlake values:
Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork
City of Southlake
City Council meeting agenda
April 21, 2009
Page 2 of 7
rw 2. Presentation of rebate check by Clear Results and Oncor for
implementation of energy savings initiatives.
3. Southlake DPS Citizen's Association (SDCA) recognition
4. Other recognitions
B. City Manager's Report
1. Financial Report - FY2009 Budget Report
2. Bob Jones Nature Center and Preserve Master Plan kickoff
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 April 2009 regular City Council meeting.
B. Approve a Professional Services Agreement with Lee Lewis Construction,
Inc. as Construction Manager at Risk for the DPS North Training Facility.
C. Approve a Community Services Agreement with the Southlake DPS
Citizen Academy Alumni Association.
D. Resolution No. 09-020, Giving support of and partnership with the 2010
Census.
E. Award of construction contract for the Dove Road intersection and
drainage improvements to Quality Excavation, Ltd. in the amount of
$2,983,435.26 and authorize construction phase contingencies.
F. ZA08-089, Plat Revision for Lot 1 R, Block 1, Mendez Addition being a
revision of Lot 1, Block 1, Mendez Addition and being located at 910 East
Southlake Boulevard. Current Zoning: S-P-1 - Detailed Site Plan District.
Requested Zoning: S-P-1 - Detailed Site Plan District. SPIN
Neighborhood #10.
G. Ordinance No. 480-579, 18t 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 MAY 5, 2009 CITY COUNCIL MEETING.
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City of Southlake values:
Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork
City of Southlake
City Council meeting agenda
April 21, 2009
Page 3 of 7
C 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. 662-D, 2nd Reading, Revise the Drought Contingency Plan.
PUBLIC HEARING
B. Ordinance No. 895-13, 2nd Reading, Revise the Water Conservation Plan.
PUBLIC HEARING
C. Ordinance No. 953, 2"d Reading, Adopt Illicit Discharge Ordinance.
PUBLIC HEARING
D. Approve Ordinance No. 598-C, 2nd Reading, and related exhibits, revising
aspects of the Southlake Program for the Involvement of Neighborhoods
(SPIN) and replacing Ordinance No. 598-13. PUBLIC HEARING
E. Resolution No. 09-021, Appoint members to the SPIN Standing
Committee.
F. Ordinance No. 955, Authorizing the issuance of "City of Southlake, Texas,
tax and waterworks and sewer system (limited pledge) revenue
certificates of obligation, Series 2009"; specifying the terms and features
of said certificates; providing for the payment of said certificates of
obligation by the levy of an ad valorem tax upon all taxable property within
the City and a limited pledge of the net revenues from the operation of the
City's Waterworks and Sewer System; and resolving other matters
incident and relating to the issuance, payment, security, sale and delivery
of said Certificates, including the approval and execution of a Paying
Agent/Registrar Agreement and a Purchase Agreement and the approval
and distribution of an Official Statement; and providing an effective date.
PUBLIC HEARING
Ordinances, first readings, and related items:
A. This item was intentionally left blank.
B. Ordinance No. 480-582, 1St Reading (ZA08-091), Zoning Change and
Concept Plan for Glosser Addition on property being described as Tracts
313 and 3131, J. Childress Survey, Abstract No. 522 and being located at
1640 and 1680 North Peytonville Avenue. Current Zoning: AG -
Agricultural District. Requested Zoning: SF-1A - Single Family Residential
City of Southlake values:
Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork
City of Southlake
City Council meeting agenda
April 21, 2009
Page 4 of 7
,r District. SPIN Neighborhood #12. (If approved at first reading, the public
hearing will be held May 5, 2009.)
C. Ordinance No. 480-583, 1St Reading (ZA08-105), Zoning Change and
Concept Plan for proposed Lot 29, F. Throop No. 1511 Addition being
described as Tracts 1G1, 1G, 1V1, 1V, F. Throop Survey, Abstract No.
1511 and being located at 1900 North Kimball Avenue. Current Zoning:
AG - Agricultural District. Requested Zoning: SF-1A - Single Family
Residential District. SPIN Neighborhood #6. (If approved at first reading,
the public hearing will be held May 5, 2009.)
D. Ordinance No. 480-522A, 1St Reading (ZA09-011), Zoning Change and
Site Plan for Countryside White Chapel Office Park Lots 1R1-1R4
(formerly known as White Chapel Office Park, Phase II) on property being
described as Lot 1, Block B, Ravenaux Village Addition and being located
at 201 Countryside Court. Current Zoning: S-P-1 - Detailed Site Plan
District. Requested Zoning: S-P-1 - Detailed Site Plan District. SPIN
Neighborhood #11. (If approved at first reading, the public hearing will be
held May 5, 2009.)
E. Ordinance No. 480-WWW, 1St Reading, Amendment to the
Comprehensive Zoning Ordinance No. 480, as amended, as it pertains to
Solar Energy Systems. (If approved at first reading, the public hearing will
be held May 5, 2009.)
F. Ordinance No. 480-YYY, 1St Reading, Amendment to the Comprehensive
Zoning Ordinance No. 480, as amended, as it pertains to On-Site Sewage
Facility Plans. (If approved at first reading, the public hearing will be held
May 5, 2009.)
8. Resolutions: (There are no items on this agenda.)
9. Other items for consideration:
A. Consider SV09-003, Variance to the Sign Ordinance No. 704-C for
Southlake Town Square Grand Opening sign.
10. Other items for discussion: (There are no items on this agenda.)
11. Meeting adjourned.
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City of Southlake values:
Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork
City of Southlake
City Council meeting agenda
April 21, 2009
Page 5 of 7
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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 17, 2009, by 6:00 p.m.,
pursuant to the Texas Government Code, Chapter 551.
„1„11.1,,, OL- Pat
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Lori Payne, TR C if
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City Secretary
If you plan to attend thi&,,~ut g";rn@r~1ing and have a disability that requires special
needs, please advise the Clfg'-ftiI'etary's Office 48 hours in advance at 817-748-8016
and reasonable accommodations will be made to assist you.
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City of Southlake values:
Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork
City of Southlake
City Council meeting agenda
April 21, 2009
Page 6 of 7
G
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.
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City of Southlake values:
Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork
• City of Southlake
City Council meeting agenda
April 21, 2009
Page 7 of 7
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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; 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.
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City of Southlake values:
Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork