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2006-01-17 CITY OF SOUTHLAKE REGULAR CITY COUNCIL MEETING: JANUARY 17, 2006 LOCATION: 1400 Main Street, Southlake, Texas Council Chambers in Town Hall WORK SESSION: 5:30 to 6:00 P.M. 1. Call to order. 2. Discussion of 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(0, 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 subiect matter of this City Council meeting. 1. Section 551.071: Consultation with city attorney a. Seek advice of the city attorney regarding sewer assessment program. b. Seek advice of the city attorney regarding Town Square Developer's Agreement. c. Seek advice of the city attorney regarding legal requirements and obligations related to the Texas Open Meetings Act and the Public Information Act. 2. Section 551.072: Deliberation regarding real property a. Discuss the value of city -owned real property at the northeast corner of Pearson Lane and F.M. 1709. 3. Section 551.087: Deliberation regardin . economic development negotiations a. Economic incentives for businesses. B. Reconvene: Action necessary on items discussed in Executive Session. 3. INVOCATION: Coy Quesenbury, Lonesome Dove Baptist Church City of Southlake City Council meeting agenda January 17, 2006 Page 2 of 7 4. REPORTS: A. Mayor's Report 1. Presentation to Senator Jane Nelson 2. Proclamation to the Fort Worth Star Telegram B. City Manager's Report C. Local Business Report D. Financial 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. 5. Consent: A. Approve the minutes for the January 3, 2006, regular City Council meeting. B. Consider excusing members of the City Council and of the Planning and Zoning Commission for absences from meetings. C. Authorize the City Manager to enter into a contract with Information Station Specialists, Inc., for the purchase and installation of an Alert AM Radio Station. D. Authorize the Mayor to terminate the existing contract and to negotiate a new contract for the design and construction of a DPS facility between the City of Southlake and RPGA Design Group, Inc. E. Authorize the Mayor to terminate the existing contract and to negotiate a new contract for the construction management of a DPS facility project between the City of Southlake and Lee Lewis Construction, Inc. F. Resolution No. 05 -071 (ZA05 -131) Specific Use Permit to allow sales from kiosks on property located in the Grand Avenue District, Southlake Town Square; described as Lots 4 and 5, Block 13, Southlake Town Square. Current Zoning: DT Downtown District. SPIN Neighborhood #8. THIS ITEM HAS BEEN TABLED TO THE FEBRUARY 7, 2006, CITY COUNCIL MEETING. G. ZA05 -145, Revised Site Plan for Southlake Corners — McAlister's Deli located at 100 North Kimball Avenue, at the northwest corner of East Southlake Boulevard and North Kimball Avenue. Current Zoning: C -3 General Commercial District. SPIN Neighborhood #8. THIS ITEM HAS BEEN TABLED TO THE FEBRUARY 7, 2006, CITY COUNCIL MEETING. City of Southlake City Council meeting agenda January 17, 2006 Page 3 of 7 H. Authorize the City Manager to enter into a professional services agreement with Waters Consulting Group to conduct a Compensation and Classification Study. I. Consider SPDC Matching Funds request from Southlake Baseball Association (SBA) for professional services for the conceptual planning and schematic design of the undeveloped west side of Bicentennial Park. J. Consider entering into a professional services agreement with Schrickel, Rollins and Associates, Inc., for the conceptual planning and schematic design of the undeveloped west side of Bicentennial Park. K. Consider entering into a professional services agreement with Dunkin, Sims, Stoffels, Inc., for design and engineering of parking lot improvements at Bob Jones Park. L. Consider names for the three (3) new public parks in Southlake Town Square development. M. ZA05 -156, Site Plan for the Shops at Southlake — Building A3, located at the southeast corner of East Southlake Boulevard and South Carroll Avenue. Current Zoning: S -P -2 Generalized Site Plan District. SPIN Neighborhood #8. THIS ITEM HAS BEEN TABLED TO THE FEBRUARY 7, 2006, CITY COUNCIL MEETING. REGULAR AGENDA 6. Public Forum. 7. Ordinances, second readings, public hearings, and related items: A. Ordinance No. 803 -A, 2 Reading, Amend Chapter 2, Section 455(b), of the Southlake City Code to increase the number of members on the Public Art Advisory Committee from seven to ten, adding three citizen -at -large places. PUBLIC HEARING B. Resolution No. 06 -004, Appoint members to the Public Art Advisory Committee. C. Ordinance No. 662 -B, 2 Reading, Revise the City of Southlake's Drought Contingency Plan to adopt the City of Fort Worth's Drought Contingency /Emergency Water Management Plan. PUBLIC HEARING D. Ordinance No. 585 -C, 2 Reading, Tree Preservation Ordinance and Technical Manual. PUBLIC HEARING City of Southlake City Council meeting agenda January 17, 2006 Page 4 of 7 E. Ordinance No. 480 -471, 2nd Reading (ZA05 -108), Zoning Change and Site Plan for Lots 2 and 3, Block A, Commerce Business Park; being approximately 4.24 acres located at 275 through 325 Commerce Street. Current Zoning: I -1 Light Industrial District. Requested Zoning: S -P -1 Detailed Site Plan District. SPIN Neighborhood #7. PUBLIC HEARING F. Resolution No. 05 -062 (ZA05 -123) Specific Use Permit to allow a kennel — Dirty Dawgz Enterprises located at 2155 West Southlake Boulevard. Current Zoning: C -3 General Commercial District. SPIN Neighborhood #8. PUBLIC HEARING G. Resolution No. 06 -005, (ZA05 -137) Specific Use Permit for telecommunications antenna and equipment — XM Radio at 340 Miron Drive. Current Zoning: B -1 Business Service Park District. SPIN Neighborhood #8. PUBLIC HEARING H. Resolution No. 06 -006, (ZA05 -138) Specific Use Permit for telecommunications antenna and equipment — XM Radio at 3700 North White Chapel Boulevard. Current Zoning: CS Community Service District. SPIN Neighborhood #1. PUBLIC HEARING I. Ordinance No. 480 -474, 2nd Reading, (ZA05 -091) Zoning Change and Concept Plan for Stonebridge Park, Phase II, being approximately 12.27 acres located at 2502 West Southlake Boulevard. Current Zoning: AG Agricultural District. Requested Zoning: S -P -2 Generalized Site Plan District. SPIN Neighborhood #15. PUBLIC HEARING J. Ordinance No. 480 -475, 2nd Reading, (ZA05 -139) Zoning Change for 940 North Peytonville Avenue. Current Zoning: AG Agricultural District. Requested Zoning: SF -1A Single Family Residential District. SPIN Neighborhood #12. PUBLIC HEARING K. ZA05 -140, Plat Showing for Lots 9 and 10, A.A. Freeman No. 522 Addition located at 940 North Peytonville Avenue. Current Zoning: AG Agricultural District. Proposed Zoning: SF -1A Single Family Residential District. SPIN Neighborhood #12. L. Ordinance No. 480 -476, 2 Reading, (ZA05 -124) Zoning Change and Revised Concept Plan for Watermark at Southlake located at 2809 West Southlake Boulevard. Current Zoning: S -P -2 Generalized Site Plan District, AG Agricultural District, and SF -1A Single Family Residential District. Requested Zoning: S -P -2 Generalized Site Plan District. SPIN Neighborhood #15. PUBLIC HEARING M. ZA05 -144, Preliminary Plat for proposed Lots 1 -4, Block A and Lots 1 -3, Block B, Watermark at Southlake located at 2809 West Southlake Boulevard. Current Zoning: S -P -2 Generalized Site Plan District, AG Agricultural District, and SF- City of Southlake City Council meeting agenda January 17, 2006 Page 5 of 7 lA Single Family Residential District. Proposed Zoning: S -P -2 Generalized Site Plan District. SP1N Neighborhood #15. N. Ordinance No. 892, Consider all matters incident and related to the issuance and sale of "City of Southlake, Texas, Tax and Waterworks and Sewer System (Limited Pledge) Revenue Certificates of Obligation, Series 2006," including the adoption of an ordinance authorizing the issuance of such certificates of obligation to fund streets and drainage capital improvements, including the purchase of land and rights -of -way. PUBLIC HEARING O. Resolution No. 06 -007, Consider all matters incident and related to the issuance and sale of " Southlake Parks Development Corporation Sales Tax Subordinate Lien Revenue Bonds, Series 2006," including the adoption of a resolution authorizing the issuance of such bonds to fund park improvements including acquisition of additional park land. PUBLIC HEARING 8. Ordinances, first readings, and related items: (There are no items on this agenda.) 9. Resolutions: (There are no items on this agenda.) 10. Other items for consideration: A. Consider amending the Grand Avenue Developer's Agreement. 11. Other items for discussion: A. Design elements and opinion of probable costs for the public park proposed within the Shops of Southlake development. 12. 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 13, 2006, by 6:00 p.m., pursuant to the Texas Government Code, Chapter ,. , a s V i Lori A. Farwell, TRMC - v ; �i •, .• City Secretary If you plan to attend this public meeting 'tad h **#z 4 '3�ability that requires special needs, please advise the City Secretary's Office 48 hours in advance at X17- 748 -8016 and reasonable accommodations will be made to assist you. City of Southlake City Council meeting agenda January 17, 2006 Page 6 of 7 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. City of Southlake vs. Timarron et.al. May 2001. 2. Steve L. Perry and Aline Perry vs. City of Southlake. November 2003. 3. R.E. and Marilyn Smith vs. City of Southlake. December 2003. 4. 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. 5. Harold Sauls vs. Robert Welch, Alton Wells, Mike Berryhill, John Doe, and City of Southlake. March 2005. 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 City Council meeting agenda January 17, 2006 Page 7 of 7 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.