2006-10-17
r CITY OF SOUTHLAKE
REGULAR CITY COUNCIL MEETING: OCTOBER 17 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. Seek advice of the city attorney regarding amortization of property.
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: Coy Quesenbury, Lonesome Dove Baptist Church
4. REPORTS:
A. Mayor's Report
B. City Manager's Report
1. Sidewalk construction project
C. School District Report
City of Southlake
City Council meeting agenda
October 17, 2006
Page 2 of 8
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 October 3, 2006, regular City Council meeting.
B. Excuse a member of the City Council for an absence from a meeting.
C. Approve a renewal agreement for professional services with Jim C. Blagg as
Assistant City Manager for the City of Southlake and authorize the City Manager
to enter into an agreement for this purpose.
D. Award of bid to The Christmas Light Company in the amount of $31,755 for
holiday lighting at Southlake Town Square.
E. Ordinance No. 480-508, 1St Reading (ZA06-117), Zoning Change and Concept
Plan for property located at 1611 East Dove Road. Current Zoning: AG
Agricultural District. Requested Zoning: SF-lA Single Family Residential
District. SPIN Neighborhood #5. (If approved at first reading, the public hearing
will be held November 7, 2006)
F. Ordinance No. 480-422a, 1St Reading (ZA06-147), Zoning Change and Site Plan
for Westgate Plaza, located at 2300 East State Highway 114. Current Zoning: S-
P-1 Detailed Site Plan District. Requested Zoning: S-P-1 Detailed Site Plan
District. SPIN Neighborhood #6. (If approved at first reading, the public hearing
will be held November 7, 2006.)
G. Ordinance No. 868-A, 1" Reading, Amendment to the building code to allow a
blanket certificate of occupancy for executive suites (excluding medical uses). (If
approved at first reading, the public hearing will be held November 7, 2006.)
H. Consider SP06-424, Variance to Sign Ordinance No. 704-B for BBQ Outfitters
located at 2366 East State Highway 114 in the Kimball Square retail and office
center.
1. ZA06-134, Preliminary Plat for Morrison Office Park being approximately 6.14
acres located at 2720 East State Highway 114. Current Zoning: S-P-2 Generalized
Site Plan District. SPIN Neighborhood #6.
City of Southlake
City Council meeting agenda
October 17, 2006
Page 3 of 8
J. Authorize a professional services agreement with TranSystems Corporation for
design of right-turn deceleration lanes at various locations on Southlake
Boulevard.
K. Authorize a residential developer's agreement with MDC Johnson Place, L.L.C.,
for Johnson Place, located at the northwest corner of Randol Mill Avenue and
Johnson Road.
L. Authorize a residential developer's agreement with 985 Randol Mill, L.P., for
Palomar Estates, located on the east side of Randol Mill Avenue and south of
Kingswood Drive.
M. Authorize a residential developer's agreement with Bosworth Farms II, L.P., for
East Haven Addition sanitary sewer improvements, located on the south side of
East Continental Boulevard and west of Breeze Way.
N. Authorize a professional services agreement with RJN Group, Inc., for the
evaluation of condition and capacity of the N-1 sanitary sewer line jointly owned
by the Town of Westlake and the City of Southlake.
0. Consider SP06-438, Variance to Sign Ordinance No. 704-B to allow temporary
signage associated with the ground breaking ceremony for the Watermere
retirement community located at 2801 -2811 West Southlake Boulevard.
P. ZA06-013, Specific Use Permit for a telecommunications antenna for Verizon
Wireless on property located at 620 South Carroll Avenue. Current Zoning: AG
Agricultural District. SPIN Neighborhood #9. THIS ITEM HAS BEEN
WITHDRAWN BY THE APPLICANT.
Q. ZA06-068, Revised Concept Plan for Kimball Hills located at 616 South Kimball
Avenue. Current Zoning: SF-20A Single Family Residential District. SPIN
Neighborhood #8. THIS ITEM IS TABLED TO THE NOVEMBER 7, 2006,
CITY COUNCIL MEETING PENDING ACTION FROM THE PLANNING
AND ZONING COMMISSION.
R. Ordinance No. 480-503, 2nd Reading (ZA06-119), Zoning Change and
Development Plan for proposed La Mirada, located at 1925 North Peytonville
Avenue. Current Zoning: RE Single Family Residential Estate District. Requested
Zoning: R-PUD Residential Planned Unit Development District. SPIN
Neighborhood #11. THIS ITEM IS TABLED AND THE PUBLIC HEARING
CONTINUED TO THE NOVEMBER 7, 2006, CITY COUNCIL MEETING.
S. ZA06-120, Preliminary Plat for La Mirada, located at 1925 North Peytonville
Avenue. Current Zoning: RE Single Family Residential Estate District. Proposed
Zoning: R-PUD Residential Planned Unit Development District. SPIN
City of Southlake
City Council meeting agenda
October 17, 2006
Page 4 of 8
Neighborhood #11. THIS ITEM IS TABLED TO THE NOVEMBER 7, 2006,
CITY COUNCIL MEETING.
REGULAR AGENDA
6. Public Forum.
7. Ordinances, second readings, public hearings, and related items:
A. Resolution No. 06-065, Establish administrative procedures for staff approval of
standard developer's agreements and to approve the form of standard residential
and commercial developer's agreements.
B. 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
C. Ordinance No. 483-K, 2nd Reading, Amendments to the Subdivision Ordinance
No. 483, as amended, including sidewalk requirements. PUBLIC HEARING
D. Ordinance No. 480-504, 2nd Reading (ZA06-142), Zoning Change and Concept
Plan for property located at 211 Pine Drive. Current Zoning: AG Agricultural
District. Requested Zoning: SF-IA Single Family Residential District. SPIN
Neighborhood 99. PUBLIC HEARING
E. ZA06-069, Plat Revision for Lots 20R and 22, O.W. Knight No. 899 Addition,
being a revision of Lot 20, O.W. Knight No. 899 Addition, to include Tracts 2A1
and 2AIC, situated in the O.W. Knight Survey, Abstract No. 899, located at 201
and 211 Pine Drive. Current Zoning: AG Agricultural District and SF-lA Single
Family Residential District. Proposed Zoning: SF-lA Single Family Residential
District. SPIN Neighborhood #9.
F. Ordinance No. 480-505, 2nd Reading (ZA06-127), Zoning Change for property
located at 225 and 231 East Bob Jones Road. Current Zoning: AG Agricultural
District. Requested Zoning: RE Residential Estate District. SPIN Neighborhood
#1. PUBLIC HEARING
G. Ordinance No. 480-506, 2nd Reading (ZA06-129), Zoning Change and Concept
Plan for property located at 2005 North White Chapel Boulevard. Current Zoning:
AG Agricultural District. Requested Zoning: SF-IA Single Family Residential
District. SPIN Neighborhood #5. PUBLIC HEARING
City of Southlake
City Council meeting agenda
October 17, 2006
Page 5 of 8
H. Ordinance No. 480-507, 2nd Reading (ZA06-148), Zoning Change and Concept
Plan for property located at 3119 Lake Drive. Current Zoning: AG Agricultural
District. Requested Zoning: SF-lA Single Family Residential District. SPIN
Neighborhood #5. PUBLIC HEARING
1. ZA06-061, Site Plan for Savannah Office Court located at 545 Silicon Drive.
Current Zoning: I-1 Light Industrial District. SPIN Neighborhood #7. PUBLIC
HEARING
J. ZA06-155, Site Plan for Noble Oaks Park, located at 1080 South Carroll Avenue.
Current Zoning: R-PUD Residential Planned Unit Development District. SPIN
Neighborhood #8. PUBLIC HEARING
K. Resolution No. 06-063 (ZA06-156) Specific Use Permit for temporary
telecommunications antennas on property located at 400 North White Chapel
Boulevard at Bicentennial Park. Current Zoning: CS Community Service District.
SPIN Neighborhood #10. PUBLIC HEARING
L. Resolution No. 06-064 (ZA06-157) Specific Use Permit for temporary
telecommunications antennas on property located at 2300 North White Chapel
Boulevard. Current Zoning: CS Community Service District. SPIN Neighborhood
#2. PUBLIC HEARING
M. Ordinance No. 903, 2°d Reading, Amending the existing Franchise Ordinance
between the City of Southlake and TXU Electric Delivery Company, a Texas
Corporation, its successors and assigns, to provide for a different payment
schedule, providing an extension of the franchise term; providing for TXU
Electric delivery acceptance. PUBLIC HEARING
N. Ordinance No. 897, 2nd 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. PUBLIC HEARING
0. Ordinance No. 900, 2nd Reading, Establishing a Municipal Stormwater (Drainage)
Utility System. SECOND PUBLIC HEARING
P. Ordinance No. 901, 2nd Reading, Establishing Monthly Stormwater Utility Fees
for the purpose of funding stormwater (drainage) projects as authorized by law.
SECOND PUBLIC HEARING
8. Ordinances, first readings, and related items: (There are no items on this agenda.)
9. Resolutions: (There are no items on this agenda.)
10. Other items for consideration:
City of Southlake
City Council meeting agenda
October 17, 2006
Page 6 of 8
A. Consider SP06-407, Variance to the Conditional Sign Permit for Southlake Town
Square Grand Avenue District for Harkins Theatres located at 1450 Plaza Place.
B. Consider SP06-409, Variance to Sign Ordinance No. 704-B for Harris Methodist
Southlake Center for Diagnostics and Surgery and Medical Offices located at
1545 East Southlake Boulevard.
C. Consider SP06-428, Amend the Conditional Sign Permit for Shops of Southlake
and Central Market located at the southeast corner of East Southlake Boulevard
and South Carroll Avenue.
D. Authorize a commercial developer's agreement with Armstrong Southlake Randol
Mill, L.P., for Jellico Square, located at the northwest corner of West Southlake
Boulevard and Randol Mill Avenue.
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, October 10, 2006, by 6:00 p.m., pursuant to the
Texas Government Code, Chapter 551.
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Lori A. Farwell, TRMC o •
City Secretary • co
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If you plan to attend this public meetirft4,,i,t1 il~ `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
October 17, 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.
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 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.
City of Southlake
City Council meeting agenda
October 17, 2006
Page 8 of 8
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.
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.