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2006-06-06 CITY OF SOUTHLAKE REGULAR CITY COUNCIL MEETING: JUNE 6, 2006 LOCATION: 1400 Main Street, Southlake, Texas Council Chambers in Town Hall WORK SESSION: 5:00 to 5:30 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: 5.30 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 attorney a. Seek advice of the city attorney regarding right of way dedicated by plat. 2. Section 551.072: Deliberation regarding real property a. Discuss the acquisition of property for the construction of F.M. 1938. 3. Section 551087• Deliberation regarding economic development negotiations a. Economic incentives for businesses. B. Reconvene: Action necessary on items discussed in Executive Session. 3. INVOCATION: Gateway Church 4. REPORTS: A. Mayor's Report B. City Manager's Report 1. HOA Water Partnership Program 2. Sidewalk Sale announcement City of Southlake City Council meeting agenda June 6, 2006 Page 2 of 8 C. SPIN Board Report D. School District 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 May 16, 2006, regular City Council meeting; the May 30, 2006, continuation City Council meeting; and the May 30, 2006, special City Council meeting. B. Excuse a member of the Planning and Zoning Commission for an absence from a meeting. C. Award of bid to purchase, deliver, install and maintain an internet protocol storage area network (IP SAN) and E-mail archival system, inclusive of training of information technology personnel to MPC -G, LLC for $39,063. D. Resolution No. 06-027, Appoint members to the Tax Increment Reinvestment Zone #1 Board. E. Authorize a Scope of Service Agreement with the Southlake Chamber of Commerce for FY2005-06. F. Approve Southlake Crime Control and Prevention District FY2005-06 Budget Amendment. G. Authorize a professional services agreement with RPGA Design Group, Inc. for the design and construction of a centrally located DPS facility. H. Authorize a professional services agreement with Intermedix for ambulance billing services. 1. Resolution No. 06-016, Amending the fee schedule. J. Resolution No. 06-028, Annual review of investment policy and investment strategies. City of Southlake City Council meeting agenda June 6, 2006 Page 3 of 8 K. Authorize a Residential Developer's Agreement with Terra Land Management, Inc. for Patterson's Pond Phase II, a 5-lot addition, located on the east side North Kimball Avenue south of Patterson Way. L. This item intentionally left blank. M. ZA06-053, Plat Revision for Tuscan Ridge Phases I and II, located at the northeast corner of Randol Mill Avenue and Morgan Road. Current Zoning: MH Manufactured Housing District. SPIN Neighborhood #12. N. ZA06-062, Plat Revision for Lots 1R1R, 2R1, 3R1, 4R1, 5R1, 6R1R, 6R3R, 6R4R, 6R5R, and 7R1, Block A, 114 and Carroll Addition, located on the northwest corner of East State Highway 114 and North Carroll Avenue. Current Zoning: S-P-1 Detailed Site Plan District and C-3 General Commercial District. SPIN Neighborhood #6. 0. Approve proposed sidewalk projects for construction using FY 05-06 Capital Improvement Plan funds. P. Resolution No. 06-031, Support naming a U.S. Navy Ship the USS Fort Worth. Q. Ordinance No. 480-III, 2nd Reading, Amending the Comprehensive Zoning Ordinance No. 480, as amended, as it pertains to Section 45, Specific Use Permits. ITEM WITHDRAWN DUE TO DENIAL ON FIRST READING. R. Resolution No. 06-030, (ZA06-055), Specific Use Permit for automobile and motorcycle sales, rental and service on property located at 2815 Exchange Boulevard, Suite 300. The principal use being proposed at this location is rental of motorcycles. Current zoning: I-1 Light Industrial District. SPIN Neighborhood #7. WITHDRAWN DUE TO DENIAL OF REQUIRED ZONING AMENDMENT (ORDINANCE NO. 480-111). REGULAR AGENDA 6. Public Forum. 7. Ordinances, second readings, public hearings, and related items: A. Ordinance No. 635-A, 2nd Reading, Amending Chapter 2, Article VI, Code of Ethics and Conduct of the Southlake City Code to comply with provisions of Chapter 171 and Chapter 176 of the Texas Local Government Code, including provisions for filing Conflict Disclosure Statements, and providing for adoption of an Employee Business Code of Conduct. PUBLIC HEARING City of Southlake City Council meeting agenda June 6, 2006 Page 4 of 8 B. Resolution No. 06-029, Amending the City of Southlake Personnel Policies to adopt an Employee Business Code of Conduct as provided for by Chapter 2, Article VI Code of Ethics and Conduct, Southlake City Code. C. Ordinance No. 480-480, 2nd Reading (ZA05-068), Zoning Change and Concept Plan for Southlake Crossroads (f.k.a. Carroll Crossroads) on property described as being a portion of Tract 4G, O.W. Knight Survey, Abstract No. 899; located at the southwest corner of East Southlake Boulevard and South Carroll Avenue. Current Zoning: AG Agricultural District. Requested Zoning: S-P-2 Generalized Site Plan District. SPIN Neighborhood #9e. PUBLIC HEARING D. ZA05-173, Preliminary Plat for Tracts 4G, 4D1, and 4E1, O.W. Knight Survey, Abstract No. 899. The property is approximately 19.3 acres located at the southwest corner of East Southlake Boulevard and South Carroll Avenue. Current Zoning: AG Agricultural District. Proposed Zoning: S-P-2 Generalized Site Plan District. SPIN Neighborhood #9e. E. Ordinance No. 480-490, 2nd Reading, (ZA06-029) Zoning Change for proposed Saddleback Ridge Estates, located at 330 through 360 West Bob Jones Road. Current Zoning: RE Single Family Residential Estate District and AG Agricultural District. Requested Zoning: SF-IA Single Family Residential District. SPIN Neighborhood #1. PUBLIC HEARING F. ZA06-030, Preliminary Plat for Saddleback Ridge Estates, located at 330 through 360 West Bob Jones Road. Current Zoning: RE Single Family Residential Estate District and AG Agricultural District. Proposed Zoning: SF-lA Single Family Residential District. SPIN Neighborhood #1. G. Resolution No. 06-019, (CP06-001) Land Use Plan amendment from Low Density Residential to Medium Density Residential for approximately 29.85 acres located at 945 and 985 Randol Mill Avenue and along the north side of Gifford Court (proposed Palomar Estates.) PUBLIC HEARING H. Ordinance No. 480-489, 2nd Reading, (ZA06-027) Zoning Change and Development Plan for proposed Palomar Estates located at 945 and 985 Randol Mill Avenue and 2090 through 2186 Gifford Court. Current Zoning: AG Agricultural District. Requested Zoning: R-PUD Residential Planned Unit Development District. SPIN Neighborhood #12. PUBLIC HEARING I. ZA06-028, Preliminary Plat for Palomar Estates located at 945 and 985 Randol Mill Avenue and 2090 through 2186 Gifford Court. Current Zoning: AG Agricultural District. Proposed Zoning: R-PUD Residential Planned Unit Development District. SPIN Neighborhood #12. City of Southlake City Council meeting agenda June 6, 2006 Page 5 of 8 J. ZA06-051, Site Plan for Wyndham Plaza Phase 3 - Weirs Furniture, located at Gateway Plaza Phase II, directly south of the 24-Hour Fitness complex. Current Zoning: S-P-2 Generalized Site Plan District. SPIN Neighborhood #7. PUBLIC HEARING 8. Ordinances, first readings, and related items: A. Ordinance No. 480-481, 1St Reading (ZA05-146) Zoning Change and Site Plan for Bicentennial Plaza located at 410 West Southlake Boulevard. Current Zoning: C- 2 Local Retail Commercial District. Requested Zoning: S-P-1 Detailed Site Plan District. SPIN Neighborhood # 10. (If approved at first reading, the public hearing will be held June 20, 2006.) B. Ordinance No. 480-487, 1St Reading (ZA05-142) Zoning Change and Development Plan for Continental Greens on property located at 2020 through 2300 West Continental Boulevard. Current Zoning: AG Agricultural District, SF- 30 Single Family Residential District, and S-P-1 Detailed Site Plan District. Requested Zoning: TZD Transition Zoning District. SPIN Neighborhood #16. (If approved at first reading, the public hearing will be held June 20, 2006.) 9. Resolutions: (There are no items on this agenda.) 10. Other items for consideration: (There are no items on this agenda.) 11. Other items for discussion: A. Discuss the Scope of Services desired for the Branding Initiative and any related topics. 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, June 2, 2006, by 6:00 p.m., pursuant to the Texas Government Code, Chapter 551. ~F•SOVT'S'% -l C ~j~}l ~er • ~ ret-a~'- y u ,4 City of Southlake City Council meeting agenda June 6, 2006 Page 6 of 8 If you plan to attend this public meeting and have a disability that requires special needs, please advise the City Secretary's Office 48 hours in advance at 817-748-8016 and reasonable accommodations will be made to assist you. City of Southlake City Council meeting agenda June 6, 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. 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 Cfty of Southlake: July 2004. 3. 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 June 6, 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 418106(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.