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2009-05-19CITY OF SOUTHLAK.E G 19 TEXAS REGULAR CITY COUNCIL MEETING: MAY 19.2009 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. Resolution No. 09-022, Canvass the returns and declare the results of the General and Special Elections held on May 9, 2009. 4. Special recognition for City Councilmember Vernon Stansell 5. Oaths of Office for Mayor, Place 2 and Place 3 and reception following 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 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 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 from the city attorney regarding possible extension of contract with Redflex Traffic Systems. 2. Section 551.072: Deliberation regarding 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. 0 City of Southlake values: Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork City of Southlake City Council meeting agenda May 19, 2009 Page 2 of 5 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. Finance Report C. Library 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 May 5, 2009 regular City Council meeting. B. This item was intentionally left blank. C. Ordinance No. 956, 1St Reading, Dedicating an easement on City owned property at 600 State Street for the purpose of providing electrical service ® to the new DPS Headquarters site. (If approved on first reading, a public hearing will be held on June 2, 2009.) D. Resolution No. 09-023, Appoint a Mayor Pro Tem and a Deputy Mayor Pro Tem. E. 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. Current Zoning: AG - Agricultural District. Requested Zoning: SF-20A - Single Family Residential District. SPIN Neighborhood #14. THIS ITEM HAS BEEN TABLED TO THE JUNE 16, 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. 480-584, 2nd 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 - City of Southlake values: Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork City of Southlake City Council meeting agenda May 19, 2009 Page 3 of 5 Agricultural. Proposed Zoning: SF-20A - Single Family Residential District. SPIN Neighborhood #6. PUBLIC HEARING Ordinances, first readings, and related items: A. Ordinance No. 480-WWW, 1St Reading, Amendment to the Comprehensive Zoning Ordinance No. 480, as amended, as it pertains to Solar Energy Systems. (If this item is approved on first reading, a public forum will be held on June 2, 2009.) B. 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 this item is approved on first reading, a public forum will be held on June 2, 2009.) 8. Resolutions: (There are no items on this agenda.) 9. Other items for consideration: A. Consider SV09-009, Variance to Sign Ordinance No. 704-C for Garage Outfitters located at 2707 East Southlake Boulevard, Suite 110. B. Approve award of bid for a construction contract to RJ Construction for the Lonesome Dove Park improvements in the amount of $96,600. 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 15, 2009, by 6:00 p.m., pursuant to the Texas Government Code, Chapter 551. 64a. 61 Lori Payne, TgMC City Secretary • cn If you plan to attend this pb7%A...*ri0 ig 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. G City of Southlake values: Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork City of Southlake City Council meeting agenda May 19, 2009 Page 4 of 5 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 reaardina 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 reaardina economic development neaotiations 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. 0 City of Southlake values: Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork City of Southlake City Council meeting agenda May 19, 2009 Page 5 of 5 Section 418.183(8: 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 meetinas to discuss emeraencv manaaement plans reaardina 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. C 0 City of Southlake values: Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork