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Agenda CITY OF SOUTHLAKE REGULAR CITY COUNCIL MEETING: MAY 1, 2007 LOCATION: 1400 Main Street, Southlake, Texas Council Chambers in Town Hall WORK SESSION: 5:00 to 6:00 P.M. 1. Call to order. 2. Invocation: Linda Pallone, Gateway Church 3. Southlake Youth Action Commission End of the Year Report 4. Update on Substandard Building Removal Program 5. 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. 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 code enforcement issues with Town Square parking structures. 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 B. City Manager's Report C. School District Report Integrity 1 Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork City of Southlake City Council meeting agenda May 1, 2007 Page 2 of 6 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 the minutes from the April 17, 2007, regular City Council meeting. B. Award bid for the purchase of a 350 KW portable generator to Waukesha Pearce Industries, Inc., in the amount of $89,330. C. Authorize an amended Residential Developer's Agreement with MDC Johnson Place, L.L.C., for Johnson Place, located on the west side of Randol Mill Avenue and north of Johnson Road. D. This item intentionally left blank. E. Ordinance No. 908, 1" Reading, Amend Chapter 2, Administration, Article V, Boards and Commissions of the Southlake City Code by adding a Division 6 to establish the Southlake Arts Council. (If approved on first reading, a public hearing for this item will be held May 15, 2007.) F. Ordinance No. 803-A, l Sc Reading, Amend Chapter 2, Administration, Article XI, Public Arts Policy of the Southlake City Code. (If approved on first reading, a public hearing for this item will be held May 15, 2007.) G. Approve the revised Recreation Activities Cost Recovery Policy. H. Resolution No. 07-017, (ZA07-039), Specific Use Permit for a telecommunications tower located at 340 Miron Drive. Current Zoning: B-1 Business Service Park District. SPIN Neighborhood #8. THIS ITEM HAS BEEN WITHDRAWN BY THE APPLICANT. 1. Resolution No. 07-018, (ZA07-040), Specific Use Permit for a telecommunications tower located at 3700 North White Chapel Boulevard. Current Zoning: CS Community Service District. SPIN Neighborhood #1. THIS ITEM HAS BEEN WITHDRAWN BY THE APPLICANT. REGULAR AGENDA 5. Public Forum. (The Public Forum will not begin prior to 7: 00 p.m) Integrity 1 Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork City of Southlake City Council meeting agenda May 1, 2007 Page 3 of 6 6. Ordinances, second readings, public hearings, and related items: A. Ordinance No. 480-512, 2nd Reading, (ZA06-189), Zoning Change and Site Plan for proposed Southlake Design Center 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 #7. THE APPLICANT HAS REQUESTED TO TABLE THIS ITEM TO THE MAY 15, 2007, CITY COUNCIL MEETING. B. ZA07-035, Site Plan for Cherry Lane Townhomes, located at 430 and 440 Cherry Lane. Current Zoning: MF-1 Two Family Residential District. SPIN Neighborhood #6. PUBLIC HEARING C. Resolution No. 07-022, (ZA06-178) Specific Use Permit for carports for non- residential property being legally described as a portion of Tract IA, S. Freeman Survey, Abstract No. 525 and being located at 2720 East State Highway 114. Current Zoning: S-P-2 Generalized Site Plan District. SPIN Neighborhood #6. PUBLIC HEARING D. ZA06-179, Revised Site Plan for proposed Lot 1, Morrison Office Park on property described as a portion of Tract IA, S. Freeman Survey, Abstract No. 525; located at 2720 East State Highway 114. Current Zoning: S-P-2 Generalized Site Plan District. SPIN Neighborhood #6. PUBLIC HEARING 7. Ordinances, first readings, and related items: (There are no items on this agenda.) 8. Resolutions: (There are no items on this agenda.) 9. Other items for consideration: A. Award bid for the Bob Jones Park Parking Lot Improvements project to North Texas Contracting, Inc., in an amount of $337,400. B. Consider bids for Bob Jones Nature Center Improvements. C. Consider SP07-117, Variance to Sign Ordinance No. 704-C for First American Title, located at 700 East Southlake Boulevard, Suite 170. D. Consider SP07-127, Variance to Sign Ordinance No. 704-C for Pavilion Plaza, Players Circle, located at 1959 West Southlake Boulevard. E. ZA07-028, Plat Revision for Lots 3R4R - 3R1 1R, Green Meadows Subdivision, being a replat of property currently described as Lots 3R4 and 3R5, C.B. McDonald, Abstract No. 1013; located at 2281 East Continental Boulevard and Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork City of Southlake City Council meeting agenda May 1, 2007 Page 4 of 6 2261 East Continental Boulevard. Current Zoning: I-1 Light Industrial District. SPIN Neighborhood #7. 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, April 27, 2007, by 6:00 p.m., pursuant to the Texas Government Code, Chapter 551 ``~`~oe~inhq~~se UTH i2a i Lori Payne, TRM = v 5 City Secretary If you plan to attend this public ;;~roft;, `lave 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. Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork City of Southlake City Council meeting agenda May 1, 2007 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. Harold Sauls vs. Robert Welch, Alton Wells, Mike Berryhill, John Doe, and City of Southlake. March 2005. 3. Teresa Dreyer v. City of Southlake, Texas, et.al. September 2006. 4. TBC Construction, Inc., and TBC First Realty, Inc. v. City of Southlake, Barson Utilities, Inc., aka Barson Utilities. December 2006. 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. Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork City of Southlake City Council meeting agenda May 1, 2007 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. Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork