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2006-09-05 CITY OF SOUTHLAKE REGULAR CITY COUNCIL MEETING: SEPTEMBER 5 ,2006 LOCATION: 1400 Main Street, Southlake, Texas Council Chambers in Town Hall WORK SESSION: 5:00 to 6:00 P.M. 1. Call to order. 2. Discussion of creation of a storm water utility district. 3. 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 subiect matter of this City Council meeting 1. Section 551.071: Consultation with attorney a. Seek advice of the city attorney regarding amortization of property. b. Seek advice of the city attorney regarding demand for refund of alleged overpayment of impact fees. C. Seek advice of the city attorney regarding the building of single family residences on property zoned "AG" Agricultural District. 2. Section 551.073: Deliberation regarding prospective gift or donation a. Prospective dedication of funds for park purposes. 3. Section 551.074: Deliberation regarding personnel matters a. Deliberation of appointments of city board and commission members. 4. Section 551.087: Deliberation regarding economic development negotiations a. Economic incentives for businesses. B. Reconvene: Action necessary on items discussed in Executive Session. City of Southlake City Council meeting agenda September 5, 2006 Page 2 of 8 3. INVOCATION: Tom Pennington, Countryside Bible Church 4. REPORTS: A. Mayor's Report 1. Proclamation for Polycystic Kidney Disease Awareness Month 2. Proclamation for Southlake Baseball Association Green Dragons - USSSA 9 and Under World Series Champions 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 from the August 15, 2006, regular City Council meeting; the August 22, 2006, City Council budget work session; the August 24, 2006, City Council joint meeting with the Crime Control and Prevention District; and the August 24, 2006, City Council joint meeting with the Planning and Zoning Commission. B. Excuse members of the City Council and of the Planning and Zoning Commission for absences from meetings. C. Resolution No. 06-057, Appoint members to the Crime Control and Prevention District Board. D. Approve Southlake Parks Development Corporation Matching Funds for Safety Town architectural design. E. Approve an interlocal agreement with the City of North Richland Hills for animal impoundment services. F. Ordinance No. 530-B, 1St 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. (If approved at first reading, the public hearing will be held September 19, 2006.) G. Ordinance No. 897, 1St 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. (If approved at first reading, the public hearing will be held September 19, 2006.) City of Southlake City Council meeting agenda September 5, 2006 Page 3 of 8 H. Authorize staff to publish the maximum allowable storm water utility fee and establishing ordinance in the city's newspaper of record, in anticipation of public hearings to be held in October 2006. 1. Resolution No. 06-053, Limiting the requirement to adopt library operating policies by resolution. J. Consider SP06-357, Variance to Sign Ordinance No. 704-B for Dry Clean Super Center located at 1957 West Southlake Boulevard, Suite 100. K. Ordinance No. 480-MMM, 1St 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. (If approved at first reading, the public hearing will be held September 19, 2006) L. Ordinance No. 480-NNN, 1" 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. (If approved at first reading, the public hearing will be held September 19, 2006.) M. Ordinance No. 483-K, 1St Reading, Amendments to the Subdivision Ordinance No. 483, as amended, including sidewalk requirements. (If approved at first reading, the public hearing will be held September 19, 2006) N. 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. THIS ITEM IS TABLED BY STAFF UNTIL THE SEPTEMBER 19, 2006, REGULAR CITY COUNCIL MEETING. 0. Ordinance No. 480-480, 2°d 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. THE APPLICANT HAS REQUESTED TO TABLE THIS ITEM UNTIL THE SEPTEMBER 19, 2006, REGULAR CITY COUNCIL MEETING. P. 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. THE APPLICANT City of Southlake City Council meeting agenda September 5, 2006 Page 4 of 8 HAS REQUESTED TO TABLE THIS ITEM UNTIL THE SEPTEMBER 19, 2006, REGULAR CITY COUNCIL MEETING. REGULAR AGENDA 6. Public Forum. 7. Ordinances, second readings, public hearings, and related items: A. Consider placing a proposal to adopt a tax rate increase and hold a public hearing on the tax rate on the agenda of the September 19, 2006, regular City Council meeting. PUBLIC HEARING B. Approve the Southlake Crime Control and Prevention District FY 2006-07 Operating Budget and multi-year CEP. PUBLIC HEARING C. Ordinance No. 898, 1" Reading, Annual budget for FY 2006-07 and revised budget figures for FY 2005-06 and multi-year CIP. FIRST PUBLIC HEARING D. Ordinance No. 899, 1" Reading, Tax levy ordinance. FIRST PUBLIC HEARING E. Ordinance No. 480-481, 2nd 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 F. Approve a reciprocal parking agreement with Bicentennial Retail Plaza, L.P. G. Consider SP06-362, Variance to Sign Ordinance No. 704-B for Bicentennial Plaza located at 410 West Southlake Boulevard. H. 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. PUBLIC HEARING 1. Resolution No. 06-054, (CP06-003), Amendment to the Future Land Use Plan from Low Density Residential to Medium Density Residential for approximately 29 acres located at 515, 545, and 565 Randol Mill Avenue (proposed Camden Park). PUBLIC HEARING J. Ordinance No. 480-451, 2nd Reading, (ZA06-097), Zoning Change and Development Plan for Camden Park located at 515, 545, and 565 Randol Mill Avenue. Current Zoning: AG Agricultural District. Requested Zoning: R-PUD City of Southlake City Council meeting agenda September 5, 2006 Page 5 of 8 Residential Planned Unit Development District. SPIN Neighborhood #13. PUBLIC HEARING K. ZA06-098, Preliminary Plat for Camden Park located at 515, 545, and 565 Randol Mill Avenue. Current Zoning: AG Agricultural District. Proposed Zoning: R- PUD Residential Planned Unit Development District. SPIN Neighborhood # 13. L. Ordinance No. 480-JJJ, 2nd Reading, Amendment to the Comprehensive Zoning Ordinance No. 480, as amended, to address requirements for septic systems. PUBLIC HEARING M. 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 N. ZA06-094, Site Plan for Block 22, Southlake Town Square, located at the 1500 block of East Southlake Boulevard between Central Avenue and Summit Avenue. Current Zoning: DT Downtown District. SPIN Neighborhood #8. PUBLIC HEARING 0. ZA06-095, Preliminary Plat for Lots 2 - 7, Block 22, Southlake Town Square, located at the 1500 block of East Southlake Boulevard between Central Avenue and Summit Avenue. Current Zoning: DT Downtown District. SPIN Neighborhood #8. P. ZA06-109, Revised Site Plan for Lot 2, Block 4R, Southlake Town Square Addition, on property located at 1460 Main Street. Current Zoning: DT Downtown District. SPIN Neighborhood #8. PUBLIC HEARING Q. Resolution No. 06-055, (ZA06-115) Specific Use Permit for a mass gathering event - Southlake 50th Anniversary Celebration - located at the northeast corner of South Carroll Avenue and East Southlake Boulevard. Current Zoning: DT Downtown District. SPIN Neighborhood #8. PUBLIC HEARING R. Resolution No. 06-056, (ZA06-116) Specific Use Permit to allow a tent sale at American Backyard located at 200 North Kimball Avenue, Suite 225. Current Zoning: C-3 General Commercial District. SPIN Neighborhood #8. PUBLIC HEARING 8. Ordinances, first readings, and related items: A. Ordinance No. 480-502, 1" 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 City of Southlake City Council meeting agenda September 5, 2006 Page 6 of 8 Zoning: C-2 Local Retail Commercial District. Requested Zoning: SF-20A Single Family Residential District. SPIN Neighborhood #14. (If approved at first reading, the public hearing will be held September 19, 2006.) 9. Resolutions: (There are no items on this agenda) 10. Other items for consideration: A. Consider SP06-384, Variance to the Gateway Plaza Phase II Conditional Sign Permit for Compass Bank located at 2650 East Southlake Boulevard. B. Consider SP06-385, Variance to Sign Ordinance No. 704-B for Roxann Taylor & Associates Realtors located at 640 North Carroll Avenue. C. Consider SP06-386, Variance to Sign Ordinance No. 704-B for R.E.B. Photo located at 1101 East Northwest Parkway, Suite 114. 11. Other items for discussion: A. Smoking Ordinance. 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 1, 2006, by 6:00 p.m., pursuant to the ~a Texas Government Code, Chapter 551. 0 1,q NTH \ \ i Lori A. Farwell, TRMC City Secretary ° //Ill/11 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 September 5, 2006 Page 7 of 8 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. 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 arding 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 re arding 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 September 5, 2006 Page 8 of 8 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.