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2009-05-05 CITY OF SOUTHLAKE TEXAS REGULAR CITY COUNCIL MEETING: MAY 5. 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: Linda Pallone, Chaplain of the Month 3. Special recognition and reception for Mayor Andy Wambsganss 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 551.072: 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. 3. REPORTS: A. Mayor's Report 1. Update of upcoming meetings and events 2. Proclamation for Motorcycle Safety and Awareness Month City of Southlake values: Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork City of Southlake City Council meeting agenda May 5, 2009 Page 2 of 6 3. Recognize students from the Carroll ISD and Keller ISD Class of 2009 who have been accepted to a military academy B. School District 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 April 21, 2009 regular City Council meeting. B. Award construction contract for intersection improvements located at South White Chapel Boulevard and Continental Boulevard to Quality Excavation, LTD. in the amount of $516,054.21 and authorize construction phase contingencies. C. Approve 2008 Comprehensive Annual Financial Report. D. Approve conceptual plans of Department of Public Safety sculpture. E. ZA06-171, Plat Revision Extension for Lots 1 R1, 1 R2, and 1 R3, Block 1, Gorbutt Addition on property located 1545 East Southlake Boulevard. Current Zoning: S-P-2 Generalized Site Plan District. SPIN Neighborhood #8. Request for extension to May 20, 2010. F. ZA08-029, Final Plat Extension for Gateway Church on property located along State Highway 114, between North Carroll Avenue and North Kimball Avenue. Current Zoning: NR-PUD - Non-Residential Planned Unit Development District. SPIN Neighborhood #4. Request for extension to May 8, 2010. G. Ordinance No. 480-584, 1St Reading (ZA09-008), Zoning Change and Concept Plan for 630 Shady Oaks Drive on property described as Tract 11A03, T. Hood Survey, Abstract No. 706. Current Zoning: AG - Agricultural. Proposed Zoning: SF-20A - Single Family Residential District. SPIN Neighborhood # 6. (If approved at first reading, a public hearing will be held May 19, 2009). H. 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 City of Southlake values: Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork City of Southlake City Council meeting agenda May 5, 2009 Page 3 of 6 Residential District. SPIN Neighborhood #14. THIS ITEM HAS BEEN TABLED TO THE MAY 19, 2009 CITY COUNCIL MEETING. 1. Ordinance No. 480-WWW, 1St Reading, Amendment to the Comprehensive Zoning Ordinance No. 480, as amended, as it pertains to Solar Energy Systems. THIS ITEM HAS BEEN TABLED TO THE MAY 19, 2009 CITY COUNCIL MEETING. J. 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. THIS ITEM HAS BEEN TABLED TO THE MAY 19, 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. 480-583, 2nd 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. PUBLIC HEARING B. Ordinance No. 480-522A, 2nd 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 11) 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. PUBLIC HEARING C. Variance to the Subdivision Ordinance No. 483, Section 12, Plat Expiration, as amended, requesting to extend the validity of Case ZA07- 016, Plat Revision for Lots 1R1-1R5, Block B, Ravenaux Village (Countryside White Chapel Offices) located at 201 Countryside Court Current Zoning: S-P-1 Detailed Site Plan District. SPIN Neighborhood #5. Request for extension to May 5, 2010. 7. Ordinances, first readings, and related items: (There are no items on this agenda.) 8. Resolutions: (There are no items on this agenda.) City of Southlake values: Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork City of Southlake City Council meeting agenda May 5, 2009 Page 4 of 6 9. Other items for consideration: A. ZA09-010, Preliminary Plat for Carillon Residential on property being described Tracts 1, 2, 3A, 3A1, 3A3, 3A4, 3A4A, 3A5, 3B, 3131, and 3B2, Larkin H. Chivers Survey, Abstract No. 300 and Tracts 3 and 4A1, Absalom H. Chivers Survey, Abstract No. 299 and being located at 1500 and 1900 North Carroll Avenue, 1801 North White Chapel Blvd, and 100, 202, 250, 300, 320, and 350 East State Highway 114. Current Zoning: ECZ- Employment Center Zoning District. SPIN Neighborhood #3. B. Consider SV09-006, Amendment to the Shops of Southlake Conditional Sign Permit for Nordstrom Rack located at 1445 East Southlake Boulevard. C. Consider SV09-007, Variance to Sign Ordinance No. 704-C for a temporary sign for Watermere at Southlake located at 2807 West Southlake Boulevard. D. Consider SV09-008, Variance to Sign Ordinance No. 704-C for Stars Theater Company located at 1970 East Dove Road. 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, May 1, 2009, by 6:00 p.m., pursuant to the Texas GovernmerA,Q,Qde, Chapter 551. o Lori Payne, TR C City Secretary If you plan to attend this puNc„sMtig and have a disability that requires special needs, please advise the City Secretary's Office 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 May 5, 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. Michael Kenny vs. City of Southlake. April 2008. 3. Jayson Steele vs. City of Southlake. August 2008. Section 551.072: Deliberation regarding real propert y 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 South/ake values: Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork City of Southlake City Council meeting agenda May 5, 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. City of Southlake values: Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork