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2009-09-15 T CITY OF SOUTH LADE TEXAS REGULAR CITY COUNCIL MEETING: SEPTEMBER 15.2009 LOCATION: 1400 Main Street, Southlake, Texas 76092 Council Chambers in Town Hall WORK SESSION: 5:30 P.M. 1. Call to order. 2. Invocation: Margy Gore, Chaplain of the Month 3. Urban Design - DFW Connector 4. Sidewalk Partnership Program 5. 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 potential contractor delay claim. 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. 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 September 15, 2009 Page 2 of 5 3. REPORTS: A. Mayor's Report 1. Update of upcoming meetings and events 2. Proclamation for Falls Prevention Day 2009 3. Recognition for 2009 Achievement of Excellence in Libraries Award B. City Manager's Report 1. Financial Report C. Senior Advisory Committee 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 September 1, 2009 regular City Council meeting. B. Award construction contract for the Quail Creek Neighborhood Sewer to Quality Excavation, Ltd. in the amount of $630,891.15 and authorize construction phase contingencies. C. This item was intentionally left blank. D. Resolution No. 09-058, Amend the Fee Schedule. E. Resolution No. 09-059, Annual review of investment policy and investment strategies. 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. 598-D and related exhibits, 2nd Reading, revising aspects of the Southlake Program for the Involvement of Neighborhoods (SPIN) neighborhood representation and replacing Ordinance No. 598-C. PUBLIC HEARING B. Ordinance No. 641-A, 2nd Reading, Approve revisions to the floodplain ordinance. PUBLIC HEARING City of Southlake values: Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork City of Southlake City Council meeting agenda September 15, 2009 Page 3 of 5 C. Ordinance No. 962, 2nd Reading, Approving and adopting the Annual Budget for the Fiscal Year 2010 and approving the revised budget figures for the Fiscal Year 2009 and Multi-year Capital Improvements Plan. SECOND PUBLIC HEARING D. Ordinance No. 963, 2nd reading, Tax Levy Ordinance. SECOND PUBLIC HEARING E. ZA09-027, Revised Site Plan for a portion of Georgetown Park on property being described as Lot 4R2, Block 1, Georgetown Park Addition and located at 2625 East Southlake Boulevard. Current Zoning: C-2 Local Retail Commercial District. SPIN Neighborhood #8. PUBLIC HEARING 7. Ordinances, first readings, and related items: (There are no items on this agenda.) 8. Resolutions: A. Resolution 09-060, Approve a Local Project Advanced Funding Agreement for funding of FM 1709 median irrigation and landscaping with TxDOT. 9. Other items for consideration: (There are no items on this agenda.) 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, September 11, 2009, by 6:00 p.m., pursuant to the Texas Government Code, Chapter 551. E w ¢ ,7,pshyN 1 ..'tab i~ ~ B fp L O1 Lori Payne, TR 4 City Secretary a e If you plan to attend this pubfit?4ne44 ~~dhave a disability that requires special needs, please advise the City Secretary's &frGi~,148`~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 September 15, 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. Michael Kenny vs. City of Southlake. April 2008. 2. 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 regardinq 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. Section 418.183(fl: 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 City of Southlake values: Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork City of Southlake City Council meeting agenda September 15, 2009 Page 5 of 5 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