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2006-04-04 CITY OF SOUTHLAKE REGULAR CITY COUNCIL MEETING: APRIL 4, 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 subiect matter of this City Council meeting. 1. Section 551.087: Deliberation reEarding 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 B. City Manager's 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 March 21, 2006, regular City Council meeting. City of Southlake City Council meeting agenda April 4, 2006 Page 2 of 7 B. Consider excusing members of the Planning and Zoning Commission for absences from meetings. C. Ordinance No. 894, 1St Reading, to cancel the May 13, 2006, General Election and to declare each unopposed candidate elected to office; and providing an effective date. (If approved on first reading, the public hearing will be held on April 18, 2006.) D. Ordinance No. 585-C, 2°d Reading, Tree Preservation Ordinance and Technical Manual. THIS ITEM IS TABLED TO THE REGULAR CITY COUNCIL MEETING ON APRIL 18, 2006. E. Ordinance No. 480-451, 1" Reading (ZA04-101), Zoning Change for Tracts IAIA2 and lAIA2D, B.J. Foster Survey, Abstract No. 519, located on the north side of Gifford Court, approximately 300 feet east of Randol Mill Avenue. Current Zoning: AG Agricultural District. Requested Zoning: SF-IA Single Family Residential District. SPIN Neighborhood #12. THIS ITEM HAS BEEN WITHDRAWN BY THE APPLICANT. F. Ordinance No. 480-485, 1St Reading (ZA06-025), Zoning Change for 400 South White Chapel Boulevard. Current Zoning: AG Agricultural District. Requested Zoning: SF-1A Single Family Residential District. SPIN Neighborhood #14. (If approved at first reading, the public hearing will be held April 18, 2006) G. Ordinance No. 480-486, 1St Reading (ZA06-034), Zoning Change for 2787 Ridgecrest Drive. Current Zoning: AG Agricultural District. Requested Zoning: RE Single Family Residential Estate District. SPIN Neighborhood #3. (If approved at first reading, the public hearing will be held April 18, 2006.) H. ZA05-165, Plat Revision for a portion of Lot 1, Block 1, Arnold Estates, located at 520 West Highland Street. Current Zoning: RE Single Family Residential Estate District. Proposed Zoning: SF-1A Single Family Residential District. SPIN Neighborhood #11. (The applicant has requested to remand this plat revision back to the Planning and Zoning Commission) 1. ZA06-016, Plat Showing for proposed Lots 14 and 15, J.J. Freshour No. 521 Addition; being Tracts 3131, 3D2, and 3132A, situated in the J.J. Freshour Survey, Abstract No. 521, and being approximately 5 acres, located at 2775 Florence Road. Current Zoning: SF-IA Single Family Residential District. SPIN Neighborhood #15. J. Award of bid to American Landscape Systems for landscape maintenance of Town Square and "Central Park" in the amount of $73,050. City of Southlake City Council meeting agenda April 4, 2006 Page 3 of 7 K. Endorse the Southlake Stampede public art exhibit as part of Southlake's 50th Anniversary Celebration. L. Authorize the Mayor to execute a Residential Developer's Agreement for the Reserve at Southlake, a 24-lot addition, located on the west side of Sunshine Lane, approximately 300 feet north of East Highland Street. M. Approve the Comprehensive Annual Financial Report for the period ending September 30, 2005. REGULAR AGENDA 6. Public Forum. 7. Ordinances, second readings, public hearings, and related items: A. Ordinance No. 717-E, 2nd Reading, amending Chapter 18, Section 18-79 of the Southlake Code of Ordinances, designating the speed limit within the Southlake Woods subdivision as 25 mph. PUBLIC HEARING B. Ordinance No. 480-483, 2nd Reading (ZA06-008), Zoning Change and Concept Plan for Patterson's Pond, Phase II, being Tracts 5A3A and 5A3AI, Samuel Freeman Survey, Abstract No. 525, located at 701 North Kimball Avenue. Current Zoning: AG Agricultural District. Requested Zoning: SF-20A Single Family Residential District. SPIN Neighborhood #6. PUBLIC HEARING C. ZA06-009, Preliminary Plat for Patterson's Pond, Phase II, being Tracts 5A3A and 5A3A1, Samuel Freeman Survey, Abstract No. 525 and Lot 10, Block 1, Patterson's Pond, located at 701 North Kimball Avenue. Current Zoning: AG Agricultural District and SF-20A Single Family Residential District. Proposed Zoning: SF-20A Single Family Residential District. SPIN Neighborhood #6. D. Ordinance No. 480-HHH, 2nd Reading, An amendment to the Comprehensive Zoning Ordinance No. 480, as amended, as it pertains to Planned Unit Development districts and plan requirements with certain zoning districts. PUBLIC HEARING E. Resolution No. 06-017, (ZA06-024), Specific Use Permit for the sale of alcoholic beverages at Taco Diner located at 432 Grand Avenue West. Current Zoning: DT Downtown District. SPIN Neighborhood #8. PUBLIC HEARING F. Resolution No. 06-018, (ZA06-015), Specific Use Permit for a tent sale at Anderson's Furniture located at 2140 East Southlake Boulevard in the Village Center parking lot. Current Zoning: C-3 General Commercial District. SPIN Neighborhood #8. PUBLIC HEARING City of Southlake City Council meeting agenda April 4, 2006 Page 4 of 7 G. ZA05-146, Site Plan for Bicentennial Plaza located at 410 West Southlake Boulevard. Current Zoning: C-2 Local Retail Commercial District. SPIN Neighborhood #10. PUBLIC HEARING 8. Ordinances, first readings, and related items: A. Ordinance No. 480-481, 1" 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 on first reading, the public hearing will be held on April 18, 2006.) B. Ordinance No. 480-482, 1" Reading (ZA05-169), Zoning Change and Development Plan for Johnson Place located at 2440 Johnson Road and 430 Randol Mill Avenue. Current Zoning: AG Agricultural District and SF-IA Single Family Residential District. Requested Zoning: R-PUD Residential Planned Unit Development District. SPIN Neighborhood #15. (If approved at first reading, the public hearing will be held April 18, 2006) C. Ordinance No. 889-A, 1St Reading, Amending Ordinance No. 889 amending Fiscal Year 2005-06 Annual Budget. (If approved on first reading, the public hearing will be held on April 18, 2006) 9. Resolutions: (There are no items on this agenda) 10. Other items for consideration: A. Consider SP06-192, Variance to the Conditional Sign Permit for Southlake Town Square Grand Avenue District for Brio Tuscan Grille, located at 1431 Plaza Place. B. Consider SP06-146, Amendment and variance to the Conditional Sign Permit for Southlake Town Square Grand Avenue District for Merrill Lynch located at 286 Grand Avenue. C. Consider SP06-182, Variance to Sign Ordinance No. 704-B for The Customer Center of Texas located at 2704 East Southlake Boulevard, Suite 102. 11. Other items for discussion: A. Performing Arts Center. 12. Meeting adjourned. City of Southlake City Council meeting agenda April 4, 2006 Page 5 of 7 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, March 31, 2006, by 6:00 p.m., pursuant to the \\\t\II/111,,,,, Texas Government Code, Chapter 551~•y90H i • I c 0k . ,FA • • • 00 • 0 • ° C'0 Z Lori A. Farwell, TRMC ° City Secretary s'IIII111/111\\\\\ 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 April 4, 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. 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. 4. 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 April 4, 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.