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Agenda CITY OF SOUTHLAKE REGULAR CITY COUNCIL MEETING: OCTOBER 3, 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 551.072: Deliberation regarding real property a. Discuss purchase of property for park purposes. 2. Section 551087• 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. Oktoberfest report 2. Awards from the Texas Chapter of the American Planning Association a. 2006 Community of the Year b. Current Planning Award for the Tree Preservation Ordinance and Technical Manual 3. Urban Design Study 4. Southlake Public Library anniversary C. Parks and Recreation Board Report City of Southlake City Council meeting agenda October 3, 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 19, 2006, regular City Council meeting. B. Excuse members of the City Council and of the Planning and Zoning Commission for absences from meetings. C. Approve SPDC Matching Funds Request from Keep Southlake Beautiful for an animated litter receptacle. D. ZA06-141, Plat Vacation for Lot 1, Block 1, Johnson Place Addition on property located at 2440 Johnson Road. Current Zoning: R-PUD Residential Planned Unit Development District. SPIN Neighborhood #16. E. Ordinance No. 480-504, 1St Reading (ZA06-142), Zoning Change and Concept Plan for property located at 211 Pine Drive. Current Zoning: AG Agricultural District. Requested Zoning: SF-lA Single Family Residential District. SPIN Neighborhood #9. (If approved at first reading, the public hearing will be held October 17, 2006) F. Ordinance No. 480-505, 1St Reading (ZA06427), 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. (If approved at first reading, the public hearing will be held October 17, 2006.) G. Ordinance No. 480-506, 1St 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-lA Single Family Residential District. SPIN Neighborhood #5. (If approved at first reading, the public hearing will be held October 17, 2006) H. Ordinance No. 480-507, 1St 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. (If approved at first reading, the public hearing will be held October 17, 2006.) City of Southlake City Council meeting agenda October 3, 2006 Page 3 of 7 I. Authorize the award of bid to Brinkley Sargent for preparation of the Facilities Plan Study. J. Resolution No. 06-058, Appoint members to the Senior Advisory Commission. K. 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. THIS ITEM HAS BEEN TABLED AND THE PUBLIC HEARING CONTINUED TO THE OCTOBER 17, 2006, CITY COUNCIL MEETING. L. Ordinance No. 483-K, 2'd Reading, Amendments to the Subdivision Ordinance No. 483, as amended, including sidewalk requirements. THIS ITEM HAS BEEN TABLED AND THE PUBLIC HEARING CONTINUED TO THE OCTOBER 17, 2006, CITY COUNCIL MEETING. M. Ordinance No. 480-LLL, 2'd Reading, Amendments 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 HAS BEEN TABLED AND THE PUBLIC HEARING CONTINUED TO THE DECEMBER 5, 2006, CITY COUNCIL MEETING. N. Ordinance No. 480-492, 1" Reading (ZA06-045), Zoning Change for a portion of Lot 1, Block 1, Arnold Estates, located at 1275 Shady Oaks Drive with access through 520 West Highland Street. Current Zoning: RE Single Family Residential Estate District. Requested Zoning: SF-IA Single Family Residential District. SPIN Neighborhood #11. THIS ITEM HAS BEEN TABLED TO THE DECEMBER 5, 2006, CITY COUNCIL MEETING. REGULAR AGENDA 6. Public Forum. 7. Ordinances, second readings, public hearings, and related items: A. 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. PUBLIC HEARING B. 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. PUBLIC HEARING City of Southlake City Council meeting agenda October 3, 2006 Page 4 of 7 C. Approve a common access easement on the Miron Drive water tower site between Southlake 1709 Joint Venture and the City of Southlake. D. Ordinance No. 480-465a, 2nd Reading (ZA06-137), Zoning Change and Revised Site Plan for Offices at 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. PUBLIC HEARING E. ZA06-150, Revised Site Plan for Lot 7, Block 4R1, Southlake Town Square (Campania Pizza & More), located at 291 Grand Avenue. Current Zoning: DT Downtown District. SPIN Neighborhood #8. PUBLIC HEARING F. Resolution No. 06-062, (ZA06-151), Specific Use Permit for a mass gathering for the Southlake Carroll Homecoming Parade located within Southlake Town Square located between State Highway 114, East Southlake Boulevard, and east of North Carroll Avenue. Current Zoning: DT Downtown District. SPIN Neighborhood #8. PUBLIC HEARING G. Ordinance No. 900, 1St Reading, Establishing a Municipal Stormwater (Drainage) Utility System. FIRST PUBLIC HEARING H. Ordinance No. 901, 1" Reading, Establishing Monthly Stormwater Utility Fees for the purpose of funding stormwater (drainage) projects as authorized by law. FIRST PUBLIC HEARING 8. Ordinances, first readings, and related items: A. Ordinance No. 903, 1St 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. (If approved at first reading, the public hearing will be held October 17, 2006.) B. Ordinance No. 480-503, 1St 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. (If approved at first reading, the public hearing will be held October 17, 2006.) City of Southlake City Council meeting agenda October 3, 2006 Page 5 of 7 C. 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 on first reading, the public hearing will be held October 17, 2006.) 9. Resolutions: (There are no items on this agenda.) 10. Other items for consideration: A. Consider SP06-412, Variance to Sign Ordinance No. 704-B for All Star Orthopaedics and Sports Medicine located at 2362 East State Highway 114 in the Kimball Square retail and office center. B. Consider SP06-336, Conditional Sign Permit for Shady Oaks Office Park, located at 600-660 West Southlake Boulevard. C. Consider SP06-408, Variance to Sign Ordinance No. 704-B for Bethel Methodist Church located at 190 South White Chapel Boulevard. D. Consider a contract with S & L Painting, Inc., for the painting of two elevated water storage tanks at Bicentennial Park and at East Dove Avenue and North White Chapel Boulevard. E. Consider a contract with Williams Paint and Sandblasting Company for the painting of two ground water storage tanks (Pearson No. 1-Exterior and Pearson No. 2-Interior). 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 29, 2006, by 6:00 p.m., pursuant to the Texas Government Code, Chapter 1W r2i ,o OUTH F' Lori A. Farwell, TRMC = a • City Secretary s ? CO i s If you plan to attend this public meef % W****~iavW disability that requires special needs, please advise the City Secretary's Office 48"ftW9 in advance at 817-748-8016 and reasonable accommodations will be made to assist you. City of Southlake City Council meeting agenda October 3, 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 Eift 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 3, 2006 Page 7 of 7 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 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.