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2006-09-19 r CITY OF SOUTHLAKE REGULAR CITY COUNCIL MEETING: SEPTEMBER 19 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 551.071: Consultation with attorney a. Teresa Dreyer v. City of Southlake, Texas, et. al. 2. Section 551.072: Deliberation regarding real property a. Discuss purchase of property for park purposes. 3. 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: David Whitington, Christ Our King Church 4. REPORTS: A. Mayor's Report 1. Proclamation for National Alcohol and Drug Addiction Recovery Month B. City Manager's Report C. Financial Report City of Southlake City Council meeting agenda September 19, 2006 Page 2 of 7 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 from the September 5, 2006, regular City Council meeting. B. Authorize a professional services agreement with Lee Engineering for design of three roundabout intersections: Continental Boulevard at South White Chapel Boulevard, Dove Road at North White Chapel Boulevard, and East Dove Road at North Carroll Avenue. C. Authorize the purchase of an internal pipe inspection camera from Green Equipment Company. D. Authorize an interlocal agreement with Tarrant County for the rehabilitation of East Continental Boulevard from 700 linear feet east of Byron Nelson Parkway to 380 linear feet east of Crooked Lane (approximately 7,225 linear feet). E. Approve a grazing lease between City of Southlake and Roger Hutton. F. Consider approval of the final landscape for Lot 9, Players Circle Addition located at 1959 West Southla.ke Boulevard. G. Consider SP06-393, Variance to Sign Ordinance No. 704-B for Central Market, located at 1425 East Southlake Boulevard. H. Resolution No. 06-058, Appoint members to the Senior Advisory Commission. I. Ordinance No. 480-500, 2nd 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. THE APPLICANT HAS REQUESTED TO TABLE THIS ITEM TO THE OCTOBER 3, 2006 CITY COUNCIL MEETING. J. ZA06-089, Site Plan for Miron Grove Business Park, Phase One, on property described as portions of Lot 4R, Block 1, Miron Subdivision. Current Zoning: S- P-2 Generalized Site Plan District. Proposed Zoning: S-P-2 Generalized Site Plan District. SPIN Neighborhood #8. THE APPLICANT HAS REQUESTED TO City of Southlake City Council meeting agenda September 19, 2006 Page 3 of 7 TABLE THIS ITEM TO THE OCTOBER 3, 2006 CITY COUNCIL MEETING. K. Ordinance No. 897, 1" Reading, Amending Chapter 18, Section 18-79 of the Southlake City Code establishing a new speed limit on a portion of North Carroll Avenue and on two portions of Kimball Avenue. THIS ITEM HAS BEEN TABLED TO THE OCTOBER 3, 2006 CITY COUNCIL MEETING. REGULAR AGENDA 6. Public Forum. 7. Ordinances, second readings, public hearings, and related items: A. Ordinance No. 898, 2nd Reading, Annual budget for FY 2006-07 and revised budget figures for FY 2005-06 and multi-year CIP. SECOND PUBLIC HEARING B. Ordinance No. 899, 2„d Reading, Tax levy ordinance. SECOND PUBLIC HEARING C. Ordinance No. 530-B, 2nd Reading, Amending Chapter 4, Section 1, regarding "Control and Care" and Section 2 "Procedures, Fees, Length of Stay, Redemption and Disposal Policies" of the Southlake City Code regarding animals. PUBLIC HEARING D. Ordinance No. 480-502, 2nd Reading, (ZA06-122), Zoning Change and Concept Plan for The Gardens at Stratfort Parc, on a portion of Tract 3A, H. Granberry Survey, Abstract No. 581; located at 425 West Southlake Boulevard. Current Zoning: C-2 Local Retail Commercial District. Requested Zoning: SF-20A Single Family Residential District. SPIN Neighborhood #14. PUBLIC HEARING E. ZA06-123, Preliminary Plat for The Gardens at Stratfort Parc located at 425 West Southlake Boulevard. Current Zoning: C-2 Local Retail Commercial District. Proposed Zoning: C-2 Local Retail Commercial District and SF-20A Single Family Residential District. SPIN Neighborhood #14. F. Ordinance No. 480-LLL, 2nd Reading, An amendment to the Comprehensive Zoning Ordinance No. 480, as amended, as it pertains to the creation of the SF-2 Single Family Residential Zoning District. PUBLIC HEARING G. Ordinance No. 480-MMM, 2nd Reading, Amendment to the Comprehensive Zoning Ordinance No. 480, as amended, as it pertains to requirements in the Concept Plan, Development Plan, Site Plan, and Accessory Use sections. PUBLIC HEARING City of Southlake City Council meeting agenda September 19, 2006 Page 4 of 7 H. Ordinance No. 480-NNN, 2"d Reading, Amendments to the Comprehensive Zoning Ordinance No. 480, as amended, including sidewalk requirements and minimum lot size standards for open space lots in residential zoning districts. PUBLIC HEARING 1. Ordinance No. 483-K, 2°d Reading, Amendments to the Subdivision Ordinance No. 483, as amended, including sidewalk requirements. PUBLIC HEARING J. Ordinance No. 480-480, 2nd Reading (ZA05-068), Zoning Change and Concept Plan for Southlake Crossroads (fk.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 K. 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 and East Southlake Boulevard and South Carroll Avenue. Current Zoning: AG Agricultural District. Proposed Zoning: S-P- 2 Generalized Site Plan District. SPIN Neighborhood #9e. L. ZA06-114, Revised Site Plan for Bob Jones Park on property located at 3901 North White Chapel Boulevard. Current Zoning: AG Agricultural District. SPIN Neighborhood #10. PUBLIC HEARING M. ZA06-107, Site Plan for Watermere at Southlake (f.k.a. Watermark), located at 2809 West Southlake Boulevard. Current Zoning: S-P-2 Generalized Site Plan District. SPIN Neighborhood #15. PUBLIC HEARING N. Resolution No. 06-059 (ZA06-124), Specific Use Permit for the sale of alcoholic beverages at Snuffer's Restaurant located at 431 Grand Avenue East. Current Zoning: DT Downtown District. SPIN Neighborhood #8. PUBLIC HEARING 0. Resolution No. 06-060 (ZA06-136), Specific Use Permit for the sale of alcoholic beverages at Wingstop located at 2125 West Southlake Boulevard. Current Zoning: C-3 General Commercial District. SPIN Neighborhood #16. PUBLIC HEARING P. Resolution No. 06-061 (ZA06-140), Specific Use Permit for the sale of alcoholic beverages at Planet Burrito located at 260 North Kimball Avenue, Suite 262. Current Zoning: C-3 General Commercial District. SPIN Neighborhood #8. PUBLIC HEARING City of Southlake City Council meeting agenda September 19, 2006 Page 5 of 7 8. Ordinances, first readings, and related items: DUE TO THE CITY'S CASE RESOLUTION No. 97-22, THIS ITEM MAY NOT BE HEARD DUE TO THE NUMBER OF ITEMS ON THIS AGENDA. A. Ordinance No. 480-465a, 1St Reading (ZA06-137), Zoning Change and Revised Site Plan for Noble Oaks located at 1121 South Carroll Avenue. Current Zoning: S-P-1 Detailed Site Plan District. Requested Zoning: S-P-1 Detailed Site Plan District. Spin Neighborhood #8. (If approved at first reading, the public hearing will be held October 3, 2006.) 9. Resolutions: (There are no items on this agenda) 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. 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, September 15, 2006, by 6:00 p.m., pursuant to the Texas Government Code, Chapter 551. VTH1,q 50°....., kF Lori A. Farwell, T C _ ; City Secretary If you plan to attend this public meeting haw v 'ability that requires special needs, please advise the City Secretary's Office 48 hours to advance at 817-748-8016 and reasonable accommodations will be made to assist you. City of Southlake City Council meeting agenda September 19, 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. 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. 4. Kenneth Schmiedel and Maureen Schmiedel, individually and as next friends of Elizabeth Schmiedel, a minor vs. City of Southlake. August 2006. 5. Teresa Dreyer v. City of Southlake, Texas; Shana Yelverton, individually and in her official capacity as Southlake City Manager; Kevin Hugman, individually and in his official capacity as Southlake Human Resources Director; and Chuck Kendrick, individually and in his official capacity as Southlake Public Works Operations Manager. September 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 re ardin2 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 re2ardin2 security devices The City Council may deliberate the deployment, or specific occasions for implementation of security personnel or devices. City of Southlake City Council meeting agenda September 19, 2006 Page 7 of 7 Section 551.087: Deliberation re ardin economic development ne otiations 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. 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 safetv 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.