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Agenda CITY OF SOUTHLAK.E TEXAS REGULAR CITY COUNCIL MEETING: JANUARY 20.2009 LOCATION: 1400 Main Street, Southlake, Texas 76092 Council Chambers in Town Hall WORK SESSION: 5:00 P.M. 1. Call to order. 2. Invocation: Margy Gore, Chaplain of the Month 3. 12ACTion Award presentation (July - December 2008) 4. Solid waste ordinance revisions 5. Kimball Road project 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. C 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 attorney a. Briefing from the city attorney's office and project staff on DFW Connector. b. June G. Thrash vs. City of Southlake, et al. 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 City of Southlake values: Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork City of Southlake City Council meeting agenda January 20, 2009 Page 2 of 6 1. Update of upcoming meetings and events B. Local Business 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 January 6, 2009 regular City Council meeting. B. Approve the renewal of landscape maintenance contracts with TruGreen LandCare in the amount of $93,894.40. C. This item was intentionally left blank. D. Approve the 2009 Community Service Agreement with Call A Ride Southlake. E. This item was intentionally left blank. F. Approve contracts with Archie St. Clair in the amount of $280,000 and Liz Bonham in the amount of $5,000 to provide art for the new DIPS Headquarters. G. Resolution No. 09-001, Supporting Rail North Texas: a primary rail legislative program with supplemental roadway improvements. H. Approve an encroachment and joint use agreement with Charleston Court, LP for Lot 3R, Block 4, Cornerstone Business Park. 1. Variance to the Subdivision Ordinance No. 483, as amended, regarding plat expirations, requesting to extend the validity of Case ZA06-046, Plat Revision Lot 2132AR, Block 1, Burnett Acres located at 1275 Shady Oaks Drive. Current Zoning: SF-2 Single Family Residential District. SPIN Neighborhood #11. J. Consider SP08-268, Variance to Sign Ordinance No. 704-C for Scooter's Chevron located at 2150 East State Highway 114. THE APPLICANT HAS REQUESTED TO WITHDRAW THIS REQUEST. K. ZA07-144, Site Plan for Lot 1, Players Circle on property being legally described as Lot 1, Block 1, Players Circle Addition and being located at 1901 West Southlake Boulevard. Current Zoning: C3 General Commercial City of Southlake values: Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork City of Southiake City Council meeting agenda January 20, 2009 Page 3 of 6 District. SPIN Neighborhood #16. THE APPLICANT HAS REQUESTED TO TABLE THIS REQUEST UNTIL THE FEBRUARY 3, 2009 CITY COUNCIL MEETING. L. Appoint Chris Tribble as Director of Community Services. M. Appoint Dale E. Dean III as Director of the Department of Information Technology. 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. 951, 2"d Reading Amending Chapter 2, "Administration" of the Southlake City Code (1996), as amended, to establish The Department of Information Technology to be headed by the Director of Information Technology. PUBLIC HEARING B. Ordinance No. 952, 2nd Reading, Approve a ban of the use of handheld wireless communication devices in active school zones. PUBLIC HEARING C. ZA08-080, Site Plan for Southlake Regional Medical Center on property being legally described as the remainder of Block 1, Brightbill Addition, and being Tracts 3E1A, 3E1 B and 3E1 C, Larkin H. Chivers Survey, Abstract No. 300. The property is located at 440 East Highland Street and 335 East State Highway 114. Current Zoning: S-P-2 Generalized Site Plan District. SPIN Neighborhood #11. PUBLIC HEARING D. ZA08-104, Plat Revision for Lots 1 - 5, Block 1, Southlake Regional Medical Center being a replat of property currently described as the remainder of Block 1, Brightbill Addition, and being Tracts 3E1A, 3E1B and 3E1C, Larkin H. Chivers Survey, Abstract No. 300 and being located at 440 East Highland Street and 335 East State Highway 114. Current Zoning: S-P-2 Generalized Site District. SPIN Neighborhood #11. E. Resolution No. 09-003, (ZA08-117), Specific Use Permit for Kroger Valentine's Day tent sale on property being described as Lot 3, Block 1, Village Center Addition and being located at 2110 East Southlake Boulevard. Current Zoning: C3 General Commercial District. SPIN Neighborhood #8. PUBLIC HEARING 7. Ordinances, first readings, and related items: City of Southlake values: Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork City of Southlake City Council meeting agenda January 20, 2009 Page 4 of 6 A. Ordinance No. 480-187b, 1St Reading (ZA08-109), Zoning Change and Site Plan for The Spanish Schoolhouse at the 280 Sports Complex on property being described as Lot 2R, Block B, Commerce Business Park Addition and being located at 280 Commerce Street. Current Zoning: S- P-1 Detailed Site Plan District. Requested Zoning: S-P-1 Detailed Site Plan District. SPIN Neighborhood V. (If approved at first reading, the public hearing will be held February 3, 2009.) B. Ordinance No. 480-197a, 1St Reading (ZA08-111), Zoning Change and Site Plan for Snow's Gymnastics Center on property being described as Lot 9, J.G. Allen No. 18 Addition and being located at 401 and 407 South Pearson Lane. Current Zoning: S-P-1 Detailed Site Plan District. Requested Zoning: S-P-1 Detailed Site Plan District. SPIN Neighborhood #15. (If approved at first reading, the public hearing will be held February 3, 2009. ) 8. Resolutions: (There are no items on this agenda.) 9. Other items for consideration: A. This item intentionally left blank. B. Consider a budget amendment for the Bicentennial Park project. 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, January 16, 2009, by 6:00 p.m., pursuant to the Texas Government Code, Chapter 551. 01 ,~O •4444444 I I 04z Lori Payne, TR City Secretary If you plan to attend this pubf .meiW49ia9,ol~have a disability that requires special needs, please advise the City Secretary's dllf 61- 46 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 January 20, 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. June G. Thrash vs. City of Southlake, et al. January 2008. 3. Michael Kenny vs. City of Southlake. April 2008. 4. Jayson Steele vs. City of Southlake. August 2008. Section 551.072: Deliberation reaardina 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 aift 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 reaardina 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 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 January 20, 2009 Page 6 of 6 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 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 emeraency 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. ~rrr' City of Southlake values: Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork