2009-07-07
CITY OF
lug SOUTHLAKE
TEXAS
REGULAR CITY COUNCIL MEETING: JULY 7, 2009
LOCATION: 1400 Main Street, Southlake, Texas 76092
Council Chambers in Town Hall
WORK SESSION: 5:30 P.M.
1. Call to order.
2. Invocation: Eric Hulet, Chaplain of the Month
3. 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: 6:30 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 of the city attorney regarding Robinson
contract.
b. Briefing from the city attorney on emerging case law
addressing freedom of speech, expression and assembly.
C. Michael Kenny vs. City of Southlake.
2. Section 551.072: Deliberation regarding real propert
y
a. Discuss the potential purchase or lease of real property for
city facilities.
3. Section 551.074: Deliberation regarding personnel matters
a. Deliberation of appointments of city board and commission
members.
City of Southlake values:
Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork
City of Southlake
City Council meeting agenda
July 7, 2009
Page 2 of 6
4. 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
B. City Manager's 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 June 16, 2009 regular City Council meeting and
the June 23, 2009 June Retreat with City Council.
B. Approve SPDC Matching Funds request from Southlake Historical Society
in the amount of $2,500 for furnishings for the log cabin.
C. Approve SPDC Matching Funds request from Bob Jones Nature Center
organization in the amount of $550 to purchase benches for the nature
center patio.
D. Approve a professional services agreement in the amount of $90,000 with
Jacobs Engineering Group for expanded engineering and design on the
F.M. 1709 medians project.
E. Approve an interlocal agreement for residential water and wastewater
service connection to Grapevine with the City of Grapevine.
F. Reject all bids for construction of the Quail Creek Neighborhood Sewer
project.
G. Approve an annual agreement with Premier Chemicals, LLC to provide
odor control treatment at lift stations.
H. Approve Amendment No. 3 to the existing Professional Services
Agreement for design services for the East Dove Road drainage
City of Southlake values:
Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork
City of Southlake
City Council meeting agenda
July 7, 2009
Page 3 of 6
improvements with Teague Nall and Perkins, Inc. in the amount of
$18,900.
1. Resolution No. 09-042, Appoint members to the Wayfinding Sign
Committee of the Southlake 2030 Plan.
J. Ordinance No. 956, 2"d Reading, Appoint a Municipal Judge and authorize
the Mayor to execute an agreement with the Municipal Judge and provide
an effective date. THIS ITEM HAS BEEN TABLED TO THE JULY 21,
2009 CITY COUNCIL MEETING.
REGULAR AGENDA:
5. Public Forum. (The Public Forum will not begin prior to 7:30 p. m.)
6. Ordinances, second readings, public hearings, and related items:
A. Ordinance No. 704-D, 2nd Reading, Amendment to Sign Ordinance No.
704-C, as amended. PUBLIC HEARING
B. Ordinance No. 480-586, 2nd Reading (ZA09-016), Zoning Change and
Concept Plan for 1080 Primrose Lane on property being described as
Tract 2C4A, Absolom H. Chivers Survey, Abstract No. 299. Current
Zoning: AG Agricultural District and SF-1A Single Family Residential
District. Requested Zoning: SF-20A Single Family Residential District.
SPIN Neighborhood #3. PUBLIC HEARING
C. Ordinance No. 480-587, 2nd Reading (ZA09-020), Zoning Change and
Concept Plan for 2000 Shady Oaks Drive on property being legally
described as Lot C, Block 1, Old Orchard Country Estates. Current
Zoning: SF-1A Single Family Residential District. Proposed Zoning: SF-2
Single Family Residential District. SPIN Neighborhood #5. PUBLIC
HEARING
D. Ordinance No. 480-579, 2"d 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. The originally requested zoning
was SF-20A Single Family Residential District. The amended requested
zoning is SF-30 Single Family Residential District. SPIN Neighborhood
#10. PUBLIC HEARING
E. ZA09-023, Revised Site Plan for Wildwood American Grill (fka Southlake
Tavern) on property described as Lot 5R, Block 2, Gateway Plaza Phase
II, and located at 2700 East Southlake Boulevard. Current Zoning: S-P-2
City of Southlake values:
Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork
City of Southlake
City Council meeting agenda
July 7, 2009
Page 4 of 6
Generalized Site Plan District. SPIN Neighborhood #8. PUBLIC
HEARING
7. Ordinances, first readings, and related items:
A. Ordinance No. 954, 1St Reading, Approve a speed limit on State Highway
114 from the South lake-Westlake boundary to the Southlake-Grapevine
boundary. (If approved at first reading, the public hearing will be held July
21, 2009.)
8. Resolutions:
A. Resolution No. 09-041, Appoint a member to the Zoning Board of
Adjustment to fill an unexpired term.
9. Other items for consideration:
A. Consider a variance to the Masonry Ordinance No. 557-A, for portable
buildings at Johnson Elementary School, being described as Lot 13, F.
Throop No. 1511 Addition and being located at 1301 North Carroll
Avenue.
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 Thursday, July 2, 2009, by 6:00 p.m.,
pursuant to the Texas Government Code, Chapter 551.
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Lori Payne, T C
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City Secretary
If you plan to attend thii~,,pybkiav ling and have a disability that requires special
needs, please advise the City S'6cretary'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
July 7, 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 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
July 7, 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