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Agenda 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. `,`ties:Tr3eeeaergr:r JO.•rsaa.uoav A' • Lori Payne, T C . 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