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2006-11-07 CITY OF SOUTHLAKE REGULAR CITY COUNCIL MEETING: NOVEMBER 7, 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. Invocation: Coy Quesenbury, Lonesome Dove Baptist Church. 3. Discuss Regional Rail Initiatives. 4. Discuss Ordinance No. 704 -C, proposed amendments to the sign ordinance. 5. Discuss 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 subject 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 551.087: Deliberation regarding economic development negotiations a. Economic incentives for businesses. B. Reconvene: Action necessary on items discussed in Executive Session. 3. REPORTS: A. Mayor's Report B. City Manager's Report 1. Recognition of Community Services Department for TAAF Platinum Member City / Park Rodeo presentation C. Local Business 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 City of Southlake City Council meeting agenda November 7, 2006 Page 2 of 7 requests, in which event the item will be removed from the general order of business and considered in its normal sequence. 4. Consent: A. Approve the minutes from the October 17, 2006, regular City Council meeting, and the October 26, 2006, Joint City Council and Planning and Zoning Commission meeting. B. Excuse members of the City Council and the Planning and Zoning Commission for absences from meetings. C. Rescind award of bid to ADP, Inc., for payroll outsourcing. D. Award annual purchasing agreements for utility parts and supplies to Atlas Utility Supply, Hughes Supply, Ferguson Enterprises, and Techline Pipe. E. Resolution No. 06 -066, Approve a resolution in support of the City of Grapevine and Tarrant County's request to pursue "Pass Through" financing on State Highway 26 in Grapevine. F. Authorize the purchase of an aerial ladder truck from Sutphen Corporation in the amount of $985,391. G. Authorize a contract with Lee Lewis Construction for construction management duties relating to the construction of the new DPS Headquarters. H. Resolution No. 06 -067, Establish the City of Southlake's Legislative Agenda for the 80th Texas Legislative Session. I. Award of bid to Branch Smith Printing Company in the amount of $25,417 for annual printing of the Southlake Scene Brochure. J. 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. THE APPLICANT HAS WITHDRAWN THIS ITEM. K. 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. THIS ITEM HAS BEEN TABLED. REGULAR AGENDA 5. Public Forum. City of Southlake City Council meeting agenda November 7, 2006 Page 3 of 7 6. Ordinances, second readings, public hearings, and related items: A. 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. PUBLIC HEARING B. 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 Neighborhood #11. C. Ordinance No. 480 -NNN, 2nd 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 D. Ordinance No. 483 -K, 2 Reading, Amendments to the Subdivision Ordinance No. 483, as amended, including sidewalk requirements. PUBLIC HEARING E. Ordinance No. 480 -508, 2 Reading (ZA06 -117), Zoning Change and Concept Plan for property at 1611 East Dove Road. Current Zoning: AG Agricultural District. Requested Zoning: SF-1A Single Family Residential District. SPIN Neighborhood #5. PUBLIC HEARING F. Ordinance No. 480 -422a, 2 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. PUBLIC HEARING G. ZA06 -103, Plat Showing for T. Easter No. 458 Addition being approximately 1 acre of land located at 2300 East State Highway 114. Current Zoning: S -P -1 Detailed Site Plan District. SPIN Neighborhood #6. H. ZA06 -135, Site Plan for Lot 2R1, Block 60, Pecan Creek located at 409 Byron Nelson Parkway. Current Zoning: R -PUD Residential Planned Unit Development District. SPIN Neighborhood #9E. PUBLIC HEARING I. Resolution No. 06 -069, (ZA06 -158), Specific Use Permit for the sale of alcoholic beverages at Campania Pizza & More located at 291 Grand Avenue. Current Zoning: DT Downtown District. SPIN Neighborhood #8. PUBLIC HEARING City of Southlake City Council meeting agenda November 7, 2006 Page 4 of 7 J. ZA06 -162, Revised Site Plan for Lot 2R, Block 3R2, Southlake Town Square — Robb & Stuckey, located at 301 State Street. Current Zoning: DT Downtown District. SPIN Neighborhood #8. PUBLIC HEARING K. Ordinance No. 868 -A, 2 Reading, Amendment to the building code to allow a blanket certificate of occupancy for executive suites (excluding medical uses). PUBLIC HEARING 7. Ordinances, first readings, and related items: A. Ordinance No. 480 -000; 1 Reading, Miscellaneous amendments to the Comprehensive Zoning Ordinance No. 480, as amended, including the following: density and use standards in the Transition Zoning District (TZD); Specific Use Permit (SUP) requirements for alcohol sales; open space management plan standards for residential zoning districts; parking variance allowance and Section 4, Definitions. (If approved at first reading, the public hearing will be held November 21, 2006.) 8. Resolutions: (There are no items on this agenda.) 9. Other items for consideration: A. Consider SP06 -401, Conditional Sign Permit for Jellico Square located at the northwest corner of West Southlake Boulevard and Randol Mill Avenue. B. Consider SP06 -463, Variance to Sign Ordinance No. 704 -B for Dr. Hebert Office Building, located at 170 Players Circle in Players Circle Addition. C. Consider SP06 -462, Variance to Sign Ordinance No. 704 -B for Subway, located at 1959 West Southlake Boulevard, Suite 100, in Players Circle Addition. 10. Other items for discussion: (There are no items on this agenda.) 11. Meeting adjourned. City of Southlake City Council meeting agenda November 7, 2006 Page 5 of 7 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 November 3, 2006, by 6:00 p.m., pursuant to the Texas Government Code, Chapter 551. ,,*y''" ,y "•, • Lori A. Farwell, RMC 3 City Secretary * * * `... Nen11a%1. 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 November 7, 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, et.al. 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. 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 November 7, 2006 Page 7 of 7 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.