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2006-07-18 CITY OF SOUTHLAKE REGULAR CITY COUNCIL MEETING: JULY 18, 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(0, 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 redevelopment issues relating to Sweet Street. b. Seek advice of the city attorney regarding amortization of property. c. Seek advice of the city attorney regarding the review of ordinances regulating the issuances of certificates of occupancy for executive suite office buildings. 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. INVOCATION: Bob Mason, Missions International 4. REPORTS: A. Mayor's Report B. City Manager's Report C. Financial Report City of Southlake City Council meeting agenda July 18, 2006 Page 2 of 9 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 June 15, 2006 and June 16, 2006, City Council Retreats; the June 20, 2006, regular City Council meeting; and the June 27, 2006, special City Council meeting. B. Excuse a member of the Planning and Zoning Commission for an absence from a meeting. C. Authorize an Interlocal Cooperative Purchasing Agreement for services with the Carroll Independent School District. D. Authorize an Interlocal Cooperative Purchasing Agreement with the City of University Park. E. Authorize placement of Longhorn Stampede public art fixtures in City parks as part of the Southlake 50 Anniversary celebration. F. Authorize the purchase of Longhorn and Calf Statues from Cowpainters, LLC. G. Authorize the renewal of a facilities utilization agreement with Southlake Baseball Association (SBA). H. Authorize the renewal of a facilities utilization agreement with Grapevine Southlake Soccer Association (GSSA). I. Authorize the renewal of a facilities utilization agreement with Southlake Girls Softball Association (SGSA). J. Authorize the renewal of a facilities utilization agreement with Southlake Carroll Lacrosse Association (SCLA). K. Award of bid to TurnKey Environmental for asbestos abatement at Bob Jones Nature Center. City of Southlake City Council meeting agenda July 18, 2006 Page 3 of 9 L. Authorize a commercial developer's agreement with White's Chapel United Methodist Church for White's Chapel United Methodist Church Addition waterline extension located on the east side of South White Chapel Boulevard, south of East Southlake Boulevard. M. Authorize a standard form of agreement for professional services with Deltatek Engineering for the design of the exterior repainting of Pearson Pump Station Tank #1, the interior repainting of Pearson Pump Station Tank #2 and Quality Assurance /Testing for the repainting of the Dove and Bicentennial elevated storage tanks. N. Resolution No. 06 -041, (ZA06 -099), Specific Use Permit for the sale of alcoholic beverages at Avocado California Roll & Sushi, located at 2600 East Southlake Boulevard, Suite 100. Current Zoning: S -P -2 Generalized Site Plan District. SPIN Neighborhood #7. THIS ITEM IS TABLED TO THE AUGUST 1, 2006, CITY COUNCIL MEETING. O. ZA06 -102, Revised Site Plan for Bicentennial Park on property located on the north side of West Southlake Boulevard, generally in between Shady Oaks Drive and North White Chapel Boulevard. Current Zoning: CS Community Service District. SPIN Neighborhood #10. THIS ITEM IS TABLED TO THE AUGUST 1, 2006, CITY COUNCIL MEETING. P. ZA06 -101, Revised Site Plan for Shops of Southlake on property located on the southeast corner of East Southlake Boulevard and South Carroll Avenue. Current Zoning: S -P -2 Generalized Site Plan District. SPIN Neighborhood #8. THIS ITEM IS TABLED TO THE AUGUST 1, 2006, CITY COUNCIL MEETING. Q. Ordinance No. 480 -499, 1 Reading, (ZA06 -054), Zoning Change and Development Plan for proposed The Gardens at Stratfort Parc, on property described as Tract 3 A, H. Granberry Survey, Abstract No. 581, located at 425 West Southlake Boulevard. Current Zoning: C -2 Local Retail Commercial District. Requested Zoning: TZD Transition Zoning District. SPIN Neighborhood #14. THIS ITEM IS TABLED TO THE AUGUST 1, 2006, CITY COUNCIL MEETING. R. ZA06 -018, Preliminary Plat for La Mirada Subdivision, f.k.a. Estates of Rougemont, being Lot 1R, Rougemont Addition, located at 1925 North Peytonville Avenue. Current Zoning: RE Single Family Residential Estate District. Proposed Zoning: R -PUD Residential Planned Unit Development District. SPIN Neighborhood #11. THIS ITEM HAS BEEN WITHDRAWN BY THE APPLICANT. City of Southlake City Council meeting agenda July 18, 2006 Page 4 of 9 REGULAR AGENDA 6. Public Forum. 7. Ordinances, second readings, public hearings, and related items: A. Ordinance No. 895, 2 Reading, Amending Chapter 19, "Utilities," Article II, "Water," Division 3, "Water Conservation," of the Southlake City Code by adding Sections 19 -62, "Lawn and Landscape Irrigation Restrictions," Section 19 -63, "Rain Sensing Devices and Freeze Gauges," and Section 19 -64, "Variances." PUBLIC HEARING B. Ordinance No. 896, 2 Reading, Deny the request of Atmos Energy Corporation for an annual gas reliability infrastructure program (GRIP) rate increase within the City of Southlake. PUBLIC HEARING C. Ordinance No. 480 -480, 2 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 approximately 340 feet west of the southwest corner of South Carroll Avenue and East Southlake Boulevard. Current Zoning: AG Agricultural District. Proposed Zoning: S -P -2 Generalized Site Plan District. SPIN Neighborhood #9e. E. ZA06 -060, Revised Site Plan for Lot 8, Block 1, Southlake Crossing — Bank of America, located at 2025 West Southlake Boulevard. Current Zoning: C -3 General Commercial District. SPIN Neighborhood #16. PUBLIC HEARING F. Resolution No. 06 -034, (ZA06 -079), Specific Use Permit for the sale of alcoholic beverages at Russ Martin's Bar & Grill located at 621 East Southlake Boulevard, Suite A. Current Zoning: R -PUD Residential Planned Unit Development District. SPIN Neighborhood #9e. PUBLIC HEARING G. Resolution No. 06 -039, (ZA06 -085), Specific Use Permit for the sale of alcoholic beverages at Stampede Sports Arena located at 250 Players Circle. Current Zoning: C -3 General Commercial District. SPIN Neighborhood #16. PUBLIC HEARING City of Southlake City Council meeting agenda July 18, 2006 Page 5 of 9 H. Ordinance No. 480 -494, 2 Reading (ZA06 -070), Zoning Change and Concept Plan for 2777 Ridgecrest Drive (1.5 acres). Current Zoning: AG Agricultural District. Requested Zoning: RE Residential Estate District. SPIN Neighborhood #3. PUBLIC HEARING I. Ordinance No. 480 -495, 2nd Reading (ZA06 -071), Zoning Change and Concept Plan for 2777 Ridgecrest Drive (1 acre). Current Zoning: AG Agricultural District. Requested Zoning: SF -1A Single Family Residential District. SPIN Neighborhood #3. PUBLIC HEARING J. ZA06 -072, Plat Revision for Lots 4R1 and 4R2, J.W. Chivers No. 350 Addition, located at 2787 and 2777 Ridgecrest Drive. Current Zoning: AG Agricultural District and RE Single Family Residential Estate District. Requested Zoning: RE Single Family Residential Estate District and SF -1A Single Family Residential District. SPIN Neighborhood #3. K. Ordinance No. 480 -493, 2 Reading (ZA06 -047), Zoning Change and Concept Plan for Eldred Addition located at 1206 West Continental Boulevard. Current Zoning: SF -20A Single Family Residential District and AG Agricultural District. Requested Zoning: SF -30 Single Family Residential District. SPIN Neighborhood #16. PUBLIC HEARING L. ZA06 -048, Plat Showing for Lots 6 and 7, Block 1, J. Thornhill No. 1505 Addition located at 1206 West Continental Boulevard. Current Zoning: SF -20A Single Family Residential District and AG Agricultural District. Proposed Zoning: SF -30 Single Family Residential District. SPIN Neighborhood #16. M. ZA06 -100, Revised Site Plan for Weirs Furniture, located at Wyndham Plaza Phase III, on property described as Lot 7, Block 2, Gateway Plaza Phase 2; located south of 24 -Hour Fitness, on the east side of the 150 block of North Nolen Drive. 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 -491, 1 Reading, (ZA06 -031), Zoning Change and Concept Plan for Morrison Business Park, located at 2720 East State Highway 114. Current Zoning: AG Agricultural District. Requested Zoning: S -P -2 Generalized Site Plan District. SPIN Neighborhood #6. (If approved at first reading, the public hearing will be held August 1, 2006.) B. Ordinance No. 480 -497, 1 Reading, (ZA06 -040), Zoning Change and Site Plan / Concept Plan for Lot 3, J.A. Freeman No. 529 Addition and a portion of Tract 1B2, J.A. Freeman Survey, Abstract No. 529. The property is located at 2171 East Southlake Boulevard. Current Zoning: S -P -1 Detailed Site Plan District and B -1 City of Southlake City Council meeting agenda July 18, 2006 Page 6 of 9 Business Service Park District. Requested Zoning: S -P -1 Detailed Site Plan District. SPIN Neighborhood #8. (If approved at first reading, the public hearing will be held August 1, 2006.) C. Ordinance No. 480 -498, 1 Reading, (ZA06 -049), Zoning Change for Tracts 2C, 2C5, and 2C6, William H. Martin Survey, Abstract No. 1068. The property is located at 1801, 1815, and 1829 Our Lane. 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 August 1, 2006.) D. Ordinance No. 480 -500, 1 Reading, (ZA06 -088), Zoning Change and Concept Plan for proposed Miron Grove Business Park, on property described as Lot 4R, Block 1, Miron Subdivision; located at 300 Miron Drive. Current Zoning: S -P -2 Generalized Site Plan District. Requested Zoning: S -P -2 Generalized Site Plan District. SPIN Neighborhood #8. (If approved at first reading, the public hearing will be held August 1, 2006.) E. 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 at first reading, the public hearing will be held June 20, 2006.) 9. Resolutions: A. Resolution No. 06 -042, authorize the execution of the necessary agreements to permit acceptance of credit cards as payment of taxes, fines, or fees as outlined in the adopted fee schedule, including but not limited to parks and recreation fees, utility fees, permits and inspection fees, and library fines and fees. 10. Other items for consideration: (There are no items on this agenda.) 11. Other items for discussion: (There are no items on this agenda.) 12. Meeting adjourned. City of Southlake City Council meeting agenda July 18, 2006 Page 7 of 9 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, July 14, 2006, by 6:00 p.m., pursuant to the Texas Government Code, Chapter 551. ,. f \� m - aa .. 0 w✓ T *• /� i Lori A. Farwell, TRMC City Secretary 7. I. �' If you plan to attend this public meeting an autio sability 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 July 18, 2006 Page 8 of 9 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 City 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 July 18, 2006 Page 9 of 9 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.