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Agenda CITY OF SOUTHLAKE REGULAR CITY COUNCIL MEETING: FEBRUARY 7, 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(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. R.E. and Marilyn Smith vs. City of Southlake. 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 551087• Deliberation regarding economic development negotiations a. Economic incentives for businesses. B. Reconvene: Action necessary on items discussed in Executive Session. 3. INVOCATION: Margy Gore, Good Shepherd Catholic Church 4. REPORTS: A. Mayor's Report 1. Proclamation to the Carroll Senior High School football team 2. Presentation from Verizon B. City Manager's Report City of Southlake City Council meeting agenda February 7, 2006 Page 2 of 7 C. School Board Reports 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 17, 2006, regular City Council meeting. B. Consider excusing members of the City Council for absences from meetings. C. Authorize the City Manager to enter into a professional services agreement with Webb Watch for control assessment services. D. Authorize the City Manager to enter into a professional services agreement with Matrix Consulting Group to conduct a management study of the Department of Community Services. E. Appoint Robert H. Price, P.E., as Director of the Department of Public Works. F. Resolution No. 06-010, Approve State Transportation Enhancement Program (STEP) call for projects. G. Approve a Commercial Developers Agreement for St. John's Missionary Baptist Church, a 10.49-acre tract located on the southwest corner of South Kimball Avenue and Crooked Lane. H. Consider award of bid to North Texas Contracting, Inc., for the State Highway 114 at Dove Road water line reconstruction and Continental Boulevard water line reconstruction. 1. Consider award of bid to TruGreen LandCare for State and City right-of-way mowing. J. Approve donation of art work from Dr. Ray Chancellor. K. Resolution No. 06-009, Approve Settlement Agreement with TXU. L. Ordinance No. 480-477, 1" Reading, (ZA05-149) Zoning Change for 680 East Dove Road, being legally described as Tract 2BOlA, J.L. Chivers Survey, Abstract No. 348. Current Zoning: AG Agricultural District. Requested Zoning: City of Southlake City Council meeting agenda February 7, 2006 Page 3 of 7 SF-1A Single Family Residential District. SPIN Neighborhood #3. (If approved at first reading, the public hearing will be held on February 21, 2006.) M. 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 WITHDRAWN BY THE APPLICANT. N. Ordinance No. 585-C, 2„ d Reading, Tree Preservation Ordinance and Technical Manual. THIS ITEM IS TABLED TO THE MARCH 7, 2006, CITY COUNCIL MEETING. 0. ZA05-156, Site Plan for the Shops of Southlake - Building A3, located at the southeast corner of East Southlake Boulevard and South Carroll Avenue. Current Zoning: SP-2 Generalized Site Plan District. SPIN Neighborhood #8. PUBLIC HEARING (Note: A variance to the maximum height of the acoustic wall located near the southern property boundary may be considered in conjunction with this site plan.) THIS ITEM HAS BEEN REQUESTED TO BE TABLED BY THE APPLICANT TO THE FEBRUARY 21, 2006, CITY COUNCIL MEETING. P. Consider Variance to the Noise Ordinance No. 778 as it pertains to certain commercial operations of the proposed retail center known as the Shops of Southlake located at the southeast corner of East Southlake Boulevard and South Carroll Avenue. THIS ITEM IS TABLED TO THE FEBRUARY 21, 2006, CITY COUNCIL MEETING. Q. Award of bid to Structures and Interiors, Inc., for renovation of existing office space at Southlake Town Hall, 1400 Main Street. REGULAR AGENDA 6. Public Forum. 7. Ordinances, second readings, public hearings, and related items: A. 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 B. ZA05-153, Site Plan for Vermilion Court Garden Offices located at 2900 West Southlake Boulevard. Current Zoning: 0-1 Office District. SPIN Neighborhood #15. PUBLIC HEARING City of Southlake City Council meeting agenda February 7, 2006 Page 4 of 7 C. Resolution No. 06-008 (ZA05-159) Specific Use Permit renewing the worship facility use for St. John's Missionary Baptist Church located at 2805 Market Loop, Suite 300. Current Zoning: I-1 Light Industrial District. SPIN Neighborhood #7. PUBLIC HEARING D. 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. PUBLIC HEARING E. ZA06-004, Plat Revision for proposed Blocks 3R2, 4R1, 12-14, 17 and 18, Southlake Town Square; being a revision of Lot 3, Block 4R and Lot 2, Block 3R1, Southlake Town Square, Phase I and being portion of land in the Richard Eads Survey, Abstract No. 481. The property is bounded by State Highway 114 on the north side and Southlake Town Square, Phase One, on the south side. Current Zoning: DT Downtown District. SPIN Neighborhood #8. F. Consider SP06-055, Variance to Sign Ordinance No. 704-B for Southlake Town Square. G. Consider SP06-056, Variance to Sign Ordinance No. 704-B for Southlake Town Square, located at the northeast corner of East Southlake Boulevard and North Carroll Avenue. H. Consider landscape plan for Southlake Town Square Grand Avenue District, State Highway 114 frontage. 1. Consider amending the Brownstones at Town Square, Phase I, Commercial Developer Agreement. 8. Ordinances, first readings, and related items: A. Ordinance No. 512-A, 1St Reading, Amending Ordinance No. 512 which levied assessments for part of the cost of sanitary sewer improvements in Continental Park Estates in the City of Southlake, Texas. (If approved at first reading, the public hearing will be held on February 21, 2006) 9. Resolutions: (There are no items on this agenda.) 10. Other items for consideration: A. Consider SP06-081, Conditional Sign Permit per Ordinance No. 704-B for Shops of Southlake, located at the southeast corner of East Southlake Boulevard and South Carroll Avenue. City of Southlake City Council meeting agenda February 7, 2006 Page 5 of 7 B. Consider final design and cost for the public park proposed within the Shops of Southlake development. C. Resolution No. 06-003, Approving the terms and conditions of a program to promote economic development and stimulate business and commercial activity in the City and approving the form of certain declarations and restrictive covenants affecting property the City anticipates accepting as a public park; authorizing the Mayor to execute an agreement with Carroll/1709, LTD., a Texas limited partnership, by Carroll/1709 One, L.C. a Texas limited liability company, its General Partner, for such purposes; and providing an effective date. D. Consider executing a Revised Commercial Developer's Agreement for Shops of Southlake, a 29.3-acre development at the southeast corner of East Southlake Boulevard and South Carroll Avenue. E. Consider SP05-329, Variance to Sign Ordinance No. 704-B for Aventerra, located at 500 West State Highway 114 and 100 East State Highway 114. F. Consider SP05-384, Variance to Sign Ordinance No. 704-B for Shoe Pavilion, located at 2727 East Southlake Boulevard. G. Consider SP06-037, Variance to Sign Ordinance No. 704-B for Capital One, located at 1110 East Southlake Boulevard. 11. Other items for discussion: (There are no items on this agenda.) 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, February 3, 2006, by 6:00 p.m., pursuant to the Texas Government Code, Chapter 551. `a~~,,~yaaata.rcta~do J % a Oe e A i • • e . Lori A. Farwell, TRMC City Secretary ~~i •••••ae•••• `mow If you plan to attend this public meeting arithba* t1dr1d $ility 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 February 7, 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 February 7, 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.