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2006-08-01 CITY OF SOUTHLAKE REGULAR CITY COUNCIL MEETING: AUGUST 1, 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 the review of ordinances regulating the issuances of certificates of occupancy for executive suite office buildings. b. Seek advice of the city attorney regarding right of way dedicated by plat. C. Seek advice of the city attorney regarding amortization of property. 2. Section 551.074: Deliberation regarding personnel matters a. Deliberation of appointments of city board and commission members. 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: David Whitington, Christ Our King Church 4. REPORTS: City of Southlake City Council meeting agenda August 1, 2006 Page 2 of 9 A. Mayor's Report B. City Manager's Report 1. Staff introduction 2. Department of Community Services management study presentation 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 the July 18, 2006, regular City Council meeting and clarification of the motion for Ordinance No. 480-490, 2nd Reading, (ZA06-029) Zoning Change for proposed Saddleback Ridge Estates on the June 6, 2006, regular City Council meeting minutes. B. Excuse members of the City Council and of the Planning and Zoning Commission for absences from meetings. C. Authorize a professional services agreement with Halff and Associates for the architectural design and engineering of Smith Park and Liberty Park at Sheltonwood. D. Ordinance No. 876-A, 1St Reading, Amending Chapter 4.5, "Buildings and Building Regulations," of the Southlake City Code to update, revise, and clarify the standards and regulations that apply to substandard buildings in conformance with legislative amendments and to provide for civil penalty as permitted by law. (If approved on first reading, the public hearing will be held on August 15, 2006) E. Approve a contract with Tarrant County for tax collection services. F. Consider SP06-341, Variance to Sign Ordinance No. 704-B for Wing Stop located at 2125 West Southlake Boulevard, Suite 375. G. ZA06-096, Preliminary Plat for Johnson Place Estates on property located at 2440 Johnson Road and 430 Randol Mill Avenue. Current Zoning: R-PUD Residential Planned Unit Development District. SPIN Neighborhood #16. H. Approve a contract with Aetna to provide employee medical benefits. I. Approve a contract with Aetna to provide employee dental benefits. City of Southlake City Council meeting agenda August 1, 2006 Page 3 of 9 J. Approve a contract with Standard Life Insurance Company to provide employee basic and voluntary group life and Accidental Death and Dismemberment (AD&D) insurance benefits. K. Approve a contract with CIGNA Group Insurance to provide employee Long Term Disability (LTD) insurance benefits. L. Approve a contract with Total Administrative Services Corporation to provide employee flexible spending account (Section 125) benefits. M. ZA06-075, Site Plan for Lots 1 and 4, Block 1, River Oaks, located at 2502 West Southlake Boulevard. Current Zoning: S-P-2 Generalized Site Plan District. SPIN Neighborhood #15. THIS ITEM HAS BEEN TABLED AND THE PUBLIC HEARING CONTINUED TO THE AUGUST 15, 2006, CITY COUNCIL MEETING. N. ZA06-076, Preliminary Plat for Lots 1-10, Block 1, River Oaks, located at 2502 West Southlake Boulevard. Current Zoning: S-P-2 Generalized Site Plan District. SPIN Neighborhood #15. THIS ITEM HAS BEEN TABLED TO THE AUGUST 15, 2006, CITY COUNCIL MEETING. 0. ZA06-091, Site Plan for Lots 1 and 2, Block 1, Gateway Plaza Addition, located at 2801 and 2821 East State Highway 114. Current Zoning: S-P-2 Generalized Site Plan District. SPIN Neighborhood #7. THIS ITEM HAS BEEN TABLED AND THE PUBLIC HEARING CONTINUED TO THE AUGUST 15, 2006, CITY COUNCIL MEETING. REGULAR AGENDA 6. Public Forum. 7. Ordinances, second readings, public hearings, and related items: A. 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 B. 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 49e. City of Southlake City Council meeting agenda August 1, 2006 Page 4 of 9 C. 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 D. Ordinance No. 480-491, 2nd 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. PUBLIC HEARING E. ZA06-032, Site Plan for Morrison Business Park located at 2720 East State Highway 114. Current Zoning: AG Agricultural District. Proposed Zoning: S-P-2 Generalized Site Plan District. SPIN Neighborhood #6. PUBLIC HEARING / F. Ordinance No. 480-497, 2'd 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, located at 2171 East Southlake Boulevard. Current Zoning: S-P-1 Detailed Site Plan District and B-1 Business Service Park District. Requested Zoning: S-P-1 Detailed Site Plan District. SPIN Neighborhood #8. PUBLIC HEARING G. ZA06-041, Preliminary Plat for Lots 1 through 3, Block 1, Ethan Allen 1709 Addition; being Lot 3, J.A. Freeman No. 529 Addition and Tract 1B2, J.A. Freeman Survey, Abstract No. 529, located at 2171 East Southlake Boulevard. Current Zoning: S-P-1 Detailed Site Plan District and B-1 Business Service Park District. Proposed Zoning: S-P-1 Detailed Site Plan District and B-1 Business Service Park District. SPIN Neighborhood #8. H. ZA06-092, Plat Revision for Lots 1 and 2, Block 1, Ethan Allen Addition; being a revision of 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 Business Service Park District. Proposed Zoning: S-P-1 Detailed Site Plan District. SPIN Neighborhood #8. 1. Ordinance No. 480-498, 2nd Reading, (ZA06-049) Zoning Change for Tracts 2C, 2C5, and 2C6, William H. Martin Survey, Abstract No. 1068, located at 1801, 1815, and 1829 Our Lane. Current Zoning: AG Agricultural District. Requested Zoning: SF-IA Single Family Residential District. SPIN Neighborhood #12. PUBLIC HEARING J. ZA06-050, Preliminary Plat for Villa Constante, being Tracts 2C, 2C5, and 2C6, William H. Martin Survey, Abstract No. 1068, located at 1801, 1815, and 1829 Our Lane. Current Zoning: AG Agricultural District. Proposed Zoning: SF-IA Single Family Residential District. SPIN Neighborhood #12. City of Southlake City Council meeting agenda August 1, 2006 Page 5 of 9 K. Ordinance No. 480-481, 2°d 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. PUBLIC HEARING L. Approval of reciprocal parking agreement with Bicentennial Retail Plaza, L.P. M. 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. PUBLIC HEARING N. ZA06-101, Revised Site Plan for Shops of Southlake, 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. PUBLIC HEARING 0. Consider SP06-350, Variance to the Conditional Sign Permit for the Shops of Southlake for Bailey, Banks, and Biddle to be located at 1221 East Southlake Boulevard. P. ZA06-102, Revised Site Plan for Bicentennial Park, 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. PUBLIC HEARING Q. Authorize the purchase and installation of Bicentennial Park basketball court lighting from Musco Lighting in the amount of $59,010. 8. Ordinances, first readings, and related items: A. Ordinance No. 480-499, 1St Reading, (ZA06-054), Zoning Change and Development Plan for proposed The Gardens at Stratfort Parc, on property described as Tract 3A, 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. (If approved on first reading, the public hearing will be held on August 15, 2006.) B. Ordinance No. 480-500, 1St 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 15, 2006.) City of Southlake City Council meeting agenda August 1, 2006 Page 6 of 9 9. Resolutions: A. Resolution No. 06-027, Appoint a Chair to the Tax Increment Reinvestment Zone Number One Board of Directors. B. Resolution No. 06-043, Appoint members to the Building Board of Appeals. C. Resolution No. 06-044, Appoint a City Councilmember and an at-large member to the Joint Utilization Committee. D. Resolution No. 06-045, Appoint members to the Library Board. E. Resolution No. 06-046, Appoint a City Councilmember to the Metroport Teen Court Advisory Board. F. Resolution No. 06-047, Appoint members to the Parks and Recreation Board. G. Resolution No. 06-048, Appoint members to the Planning and Zoning Commission. H. Resolution No. 06-049, Appoint members to the Senior Advisory Commission. 1. Resolution No. 06-050, Appoint a Parks and Recreation Boardmember to the Southlake Parks Development Corporation. J. Resolution No. 06-051, Appoint members to the Zoning Board of Adjustment and appoint a Chairman and Vice-Chairman. 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 August 1, 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 28, 2006, by 6:00 p.m., pursuant to the Texas Government Code, Chapter 551. b~ywwcwwwrwq~~' OVTHC.q/r'''•. 5 F Q1CA % A : O~ Lori A. Farwell TRMC :Cox City Secretary u ' c .fou plan to attend this public meeting" ltn~l hovo"dts4:bility that requires special needs, please IY advise the City Secretary's Office 48 ho Wt advance at 817-748-8016 and reasonable accommodations will be made to assist you. City of Southlake City Council meeting agenda August 1, 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 August 1, 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 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.