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2006-01-03 CITY OF SOUTHLAKE REGULAR CITY COUNCIL MEETING: JANUARY 3, 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(D, 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 legal requirements and obligations related to the Texas Open Meetings Act and the Public Information Act. b. Steve L. Perry and Aline Perry vs. City of Southlake. 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 regarding 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 4. REPORTS: A. Mayor's Report City of Southlake City Council meeting agenda January 3, 2006 Page 2 of 8 1. Proclamation for 50 Anniversary of Southlake 2. Department of Public Safety Life Saving Award presentation and proclamation B. City Manager's Report C. Parks and Recreation Board 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 December 6, 2005, regular City Council meeting. B. Resolution No. 06 -001, Appoint a Chairperson of the Board of Directors of Tax Increment Reinvestment Zone Number One. C. Resolution No. 06 -002, Appoint members to the SPIN Standing Committee. D. Ordinance No. 803 -A, 1 Reading, an amendment to 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. (If approved at first reading, the public hearing will be held January 17, 2006.) E. Consider renewal of contract with American Landscaping Systems for landscape maintenance of public areas in Town Square for a twelve month period ending December 31, 2006. F. Approve a Community Services Agreement with Grapevine Relief and Community Exchange. G. Approve a Community Services Agreement with The Women's Shelter. H. Approve a Community Services Agreement with Metroport Meals on Wheels. I. Approve a Community Services Agreement with Southlake Sister Cities. City of Southlake City Council meeting agenda January 3, 2006 Page 3 of 8 J. Approve a Community Services Agreement with Southlake Community Band. K. Approve a Community Services Agreement with Call A Ride of Southlake, Inc. L. Approve a Community Services Agreement with Southlake Historical Society. M. Approve a Community Services Agreement with Keep Southlake Beautiful. N. Approve a Community Services Agreement with Southlake Women's Club for Art in the Square. O. Approve a Community Services Agreement with Fort Worth Transportation Authority. P. Approve a Community Services Agreement with Bob Jones Nature Center. Q. Ordinance No. 662 -B, 1 Reading, Drought Contingency Plan Revision. (If approved at first reading, the public hearing will be held January 17, 2006.) R. Ordinance No. 480 -475, 1 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. (If approved at first reading, the public hearing will be held January 17, 2006.) S. Ordinance No. 480 -451, 1S Reading (ZA04 -101) Zoning Change for Tracts 1A1A2 and 1A1A2D, B.J. Foster Survey, Abstract No. 519. The property is located on the north side of Gifford Court, approximately 300 feet east of Randol Mill Avenue. Current Zoning: AG Agricultural District. Requested Zoning: SF -1A Single Family Residential District. SPIN Neighborhood #12. THIS ITEM HAS BEEN REQUESTED TO BE TABLED TO THE APRIL 4, 2006, CITY COUNCIL MEETING. T. Ordinance No. 480 -DDD, 1 Reading, an amendment to the Comprehensive Zoning Ordinance No. 480, as amended, as it pertains to Section 16, MF -1 Two Family Residential District. THIS ITEM HAS BEEN REQUESTED TO BE TABLED TO THE FEBRUARY 7, 2006, CITY COUNCIL MEETING. City of Southlake City Council meeting agenda January 3, 2006 Page 4 of 8 U. 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. THIS ITEM HAS BEEN TABLED TO THE JANUARY 17, 2006, CITY COUNCIL MEETING. REGULAR AGENDA 6. Public Forum. 7. Ordinances, second readings, public hearings, and related items: A. Ordinance No. 480 -471, 2 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 B. Ordinance No. 480 -472, 2 Reading (ZA05 -118) Zoning Change for proposed Maranatha Estates; being approximately 4.7 acres located at 1710 Maranatha Way. Current Zoning: AG Agricultural District. Requested Zoning: SF -1A Single Family Residential District. SPIN Neighborhood #12. PUBLIC HEARING C. ZA05 -119, Plat Showing for Maranatha Estates; Tracts 1A6 and 1A9, W. Winn Survey, Abstract No. 1660; being approximately 4.7 acres located at 1710 Maranatha Way. Current Zoning: AG Agricultural District. Proposed Zoning: SF -1A Single Family Residential District. SPIN Neighborhood #12. D. Ordinance No. 480 -231C, 2 Reading (ZA05 -125) Zoning Change and Site Plan for Medical Air Services on property located at 1250 West Southlake Boulevard. Current Zoning: S -P -1 Detailed Site Plan District. Requested Zoning: S -P -1 Detailed Site Plan District. SPIN Neighborhood #13. PUBLIC HEARING E. Ordinance 480 -FFF, 2 Reading, an amendment to the Comprehensive Zoning Ordinance No. 480, as amended, as it pertains to the creation of the Employment Center Zoning District, new Section 49. PUBLIC HEARING 8. Ordinances, first readings, and related items: City of Southlake City Council meeting agenda January 3, 2006 Page 5 of 8 A. Ordinance No. 585 -C, 1 Reading, Tree Preservation Ordinance and Technical Manual. (If approved at first reading, the public hearing will be held January 17, 2006.) B. Ordinance No. 480 -474, 1 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. (If approved at first reading, the public hearing will be held January 17, 2006.) C. Ordinance No. 480 -476, 1 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. (If approved at first reading, the public hearing will be held January 17, 2006.) 9. Resolutions: (There are no items on this agenda.) 10. Other items for consideration: A. Consider SP05 -328, Variance to Sign Ordinance No. 704 -B for the Shops of Southlake, located at the southeast corner of South Carroll Avenue and East Southlake Boulevard. B. Consider SP05 -356, Variance to Sign Ordinance No. 704 -B for 850 East State Highway 114, located in Cedar Ridge Office Park. C. Authorize the Mayor to execute a commercial developer's agreement for Pecan Creek, being Block 1, Lots 2R and 4 and Timarron Addition, Phase 5, Block 60, Lots 2R1 and 3R2, a 13.8533 -acre development, including Zena Rucker Road extending from Byron Nelson Parkway and continuing east 940 feet. D. Authorize the Mayor to execute a residential developer's agreement for The Cliffs at Clariden Ranch, a 56 -lot addition located on the south side of Clariden Ranch, Phase III between North White Chapel Boulevard and T.W. King Road. 11. Other items for discussion: A. Land Use Plan amendment process. City of Southlake City Council meeting agenda January 3, 2006 Page 6 of 8 B. 2006 Submittal Schedule review. 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, December 30, 2005, by 6:00 p.m., pursuant to the Texas Government Code, Chapter 551. ` , ee reun np,, '''' Lori A. Farwell, T ' C = i • • J 7. City Secretary i .• .. If you plan to attend this public meeting ant�Irq; *m Atlity that requires special needs, please advise the City Secretary's Office 48 hours in 11 advance at 817 - 748 -8016 and reasonable accommodations will be made to assist you. City of Southlake City Council meeting agenda January 3, 2006 Page 7 of 8 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 3, 2006 Page 8 of 8 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.