FINAL AgendaRegular City Council Meeting March 4, 2008
LOCATION: 1400 Main Street, Southlake, Texas
Council Chambers in Town Hall
WORK SESSION: 5:00 p.m.
1. Call to order.
2. Invocation: Linda Pallone, Chaplain of the Month
3. Presentation regarding the status of the impact fee ordinance update.
4. Discuss minor revisions to the comprehensive zoning ordinance and the sign ordinance.
5. Discuss all items on tonight’s meeting agenda.
REGULAR SESSION:
1. Call to order.
2A. Executive Session
2B. Reconvene / Action necessary from Executive Session
3A. Mayor’s Report
1. Special presentation to Representative Tan Parker
2. Proclamation for Meals on Wheels
3B. City Manager’s Report
3C. Library Board Report
CONSENT AGENDA:
4A. Approve the minutes from the February 19, 2008, regular City Council meeting.
4B. This item intentionally left blank.
4C. Award construction contract to Jackson Construction, Ltd. for $891,157.70 for paving, drainage, and utility improvements to Shumaker Lane and Sunshine Lane and provide for construction
phase contingencies.
4D. Authorize an agreement with Marcel Bosworth for relocation of the Continental Storage Building.
4E. Approve the designation of Town Square as the priority location for the placement of public art for FY 2008.
4F. Consider an order setting a public hearing for April 15, 2008 to discuss and review proposed updates to Land Use Assumptions, Capital Improvement Plans and Impact Fees for water,
wastewater and roadway improvements.
4G. This item was intentionally left blank.
4H. Authorize a professional services agreement with Weaver and Tidwell, LLP for audit services.
4I. ZA07-112, Site Plan for Lot 25R2, Block 1, Woodland Heights Addition at 175 Westwood Dr. Current Zoning: O-1. SPIN #8. THE APPLICANT HAS REQUESTED TO TABLE THIS ITEM TO THE APRIL
1, 2008, CITY COUNCIL MEETING.
4J. Ordinance No. 480-536, 2nd Reading (ZA07-139), Zoning Change and Site Plan for Lots 1R1, 1R2, 2R1, 2R2, and 2R3, Block 3, Cornerstone Business Park Addition on Lots 1 and 2R, Block
3, Cornerstone Business Park Addition at 500 and 510 Silicon Dr. Current Zoning: O-1. Requested Zoning: S-P-1. SPIN #7. THE APPLICANT HAS REQUESTED TO TABLE THIS ITEM TO THE APRIL 1,
2008, CITY COUNCIL MEETING.
4K. ZA07-111, Plat Revision for Lots 1R1, 1R2, 2R1, 2R2, and 2R3, Block 3, Cornerstone Business Park on Lots 1 and 2R, Block 3, Cornerstone Business Park Addition at 500 and 510 Silicon
Dr. Current Zoning: O-1. Proposed Zoning: S-P-1. SPIN #7. THE APPLICANT HAS REQUESTED TO TABLE THIS ITEM TO THE APRIL 1, 2008, CITY COUNCIL MEETING.
4L. Ordinance No. 480-550, 2nd Reading (ZA07-133), Zoning Change and Development Plan for Lake Forest on Tract 5, R.D. Price Survey, Abstract No. 1207 at 3185 Southlake Park Dr. Current
Zoning: AG. Requested Zoning: R-PUD. SPIN #3. THE APPLICANT HAS REQUESTED TO TABLE THIS ITEM TO THE APRIL 1, 2008, CITY COUNCIL MEETING.
4M. ZA07-134, Preliminary Plat for Lots 1-8, Block 1, Lake Forest Addition on Tract 5, R.D. Price Survey, Abstract No. 1207 located at 3185 Southlake Park Dr. Current Zoning: AG. Proposed
Zoning: R-PUD. SPIN #3. THE APPLICANT HAS REQUESTED TO TABLE THIS ITEM TO THE APRIL 1, 2008, CITY COUNCIL MEETING.
4N. ZA07-123, Revised Site Plan for Chick-fil-A on Lot 4, Block 1, Perry/Allen Addition at 2301 E. Southlake Blvd. Current Zoning: C-3. SPIN #7. THE APPLICANT HAS REQUESTED TO TABLE
THIS ITEM TO THE APRIL 1, 2008, CITY COUNCIL MEETING.
REGULAR AGENDA:
5. Public Forum. (The public forum will not begin prior to 7:00 p.m.)
6A. Ordinance No. 928, 2nd Reading, Adopt an ordinance to add Article VII “Curfew Hours for Minors” to Ch. 15, “Public Safety” of the Southlake Code of Ordinances. PUBLIC HEARING
6B. Ordinance No. 929, 2nd Reading, Adopt an ordinance to amend Ch. 58, for the Southlake Code of Ordinances, making it unlawful for certain sex offenders to reside within 2,000 ft.
of premises where children gather. PUBLIC HEARING
6C. Ordinance No. 930, 2nd Reading, Adopt the 2006 International Building Code. PUBLIC HEARING
6D. Ordinance No. 931, 2nd Reading, adopt the 2006 International Fire Code. PUBLIC HEARING
6E. Ordinance No. 932, 2nd Reading, adopt the 2006 International Energy Conservation Code. PUBLIC HEARING
6F. Ordinance No. 933, 2nd Reading, adopt the 2006 ICC Electrical Code, Administrative Provisions. PUBLIC HEARING
6G. Ordinance No. 934, 2nd Reading, adopt the 2006 International Plumbing Code. PUBLIC HEARING
6H. Ordinance No. 935, 2nd Reading, Adopt the 2006 International Fuel Gas Code. PUBLIC HEARING
6I. Ordinance No. 936, 2nd Reading, Adopt the 2006 International Mechanical Code. PUBLIC HEARING
6J. Ordinance No. 937, 2nd Reading, Adopt the 2006 International Residential Code. PUBLIC HEARING
6K. Ordinance No. 480-544, 2nd Reading (ZA07-087) Zoning Change and Site Plan for Mendez Medical Offices on Tract 3D3A, WW Hall Survey, Abstract No. 695 at 918 E. Southlake Blvd. Current
Zoning: AG. Requested Zoning: S-P-1. SPIN #10. PUBLIC HEARING
6L. ZA07-088, Preliminary Plat for Mendez, LTS on Tract 3D3A, WW Hall Survey, Abstract No. 695 at 918 E. Southlake Blvd. Current Zoning: AG. Proposed Zoning: S-P-1. SPIN #10. PUBLIC
HEARING
6M. ZA07-157, Site Plan for Southlake Wellness Center on Lot 18, O.W. Knight No. 899 Addition at 415 E. Southlake Blvd. Current Zoning: S-P-2. SPIN #9W. PUBLIC HEARING
6N. Resolution No. 08-012 (ZA08-010), Specific Use Permit for carports for non-residential property on Lot 18, O.W. Knight No. 899 Addition at 415 E. Southlake Blvd. Current Zoning:
S-P-2. SPIN #9W. PUBLIC HEARING
7A. Ordinance No. 480-542, 1st Reading (ZA07-129), Zoning Change and Site Plan for Southlake Villa Offices on Tract 3, W.W. Hall Survey, Abstract No. 687 at 310 E. Southlake Blvd. Current
Zoning: AG. Requested Zoning: S-P-1. SPIN #10.
7B. Ordinance No. 480-552, 1st Reading (ZA07-162), Zoning Change and Concept Plan for Lots 9-12, J. Childress No. 254 Addition being Tract 3D2, John Heirs Childress Survey, Abstract
No. 254 at 3010 Lake Dr. Current Zoning: AG. Requested Zoning: SF20B. SPIN #3.
7C. Ordinance No. 480-553, 1st Reading (ZA08-002), Zoning Change and Site Plan for Nolen Center on Tract 2A2A, Thomas Easter Survey, Abstract No. 474 at 2627 E. Southlake Blvd. Current
Zoning: AG. Requested Zoning: S-P-1. SPIN #7.
7D. Ordinance No. 480-554, 1st Reading (ZA08-011), Zoning Change and Site Plan for Lot 4, Block A, Commerce Business Park at 375 Commerce St. Current Zoning: I1. Requested Zoning:
S-P-2. SPIN #7.
8. There are no items on this agenda.
9A. Consider SP07-073A, Variance to Sign Ordinance No. 704-C for a development sign for Southlake Town Square at the northeast corner of N. Carroll Ave. and E. Southlake Blvd.
9B. Approved a revised Commercial Developer Agreement with Carroll/1709 Ltd. for Shops of Southlake, a 29.3-acre development at the southeast corner of E. Southlake Blvd. and Carroll
Ave.
10. There are no items on this agenda.
11. Meeting adjourned.
Independent Review Team
Tim McNally
Former FBI Assistant Director in Charge Los Angeles
Directed activities of 1300+ FBI employees
Criminal investigation, counterintelligence, terrorism
Larry Langberg
Former FBI Field Agent
Narcotics, white collar crime, organized crime
Former Nat’l President of FBI Agents Association
ITEM 4C
Award construction contract to Jackson Construction, Ltd. in the amount of $891,157.70 for paving, drainage, and utility improvements to Shumaker Lane and Sunshine Lane and provide for
construction phase contingencies
Shumaker Lane/Sunshine Lane Location Map
Shumaker/Sunshine Lane
Contractor – Jackson Construction, Ltd.
Engineer Recommends Low Bidder
Total Bid $891,157.70
Construction Phase Contingency - 90,000.00
Project Budget $981,157.70
Shumaker Lane
CIP amount budgeted - $490,578
Amount bid - $413,455
Sunshine Lane
CIP amount budgeted - $ 1,200,000.00
Amount bid - $ 477,702.70
Questions?
Bob Price
(817) 748-8097
Authorize an agreement with Marcel Bosworth for relocation of the Continental Storage Building
Steve Polasek
Item 4D
Storage Building Relocation
Marine Quest owns property east of existing storage building
Storage Building
5,000 sq. ft.
dry storage
Proposed alternative site / relocation
Parks Board review and recommendation (6-1) 9/10/07
Storage Building Relocation
Developer responsible for:
Dismantle
Concrete slab
Electric service
Replace or repair any damaged elements
Re-assemble
Paint
Brick southern elevation
Advantages:
Improved aesthetics along Continental Boulevard
Refurbished storage building
Secure location
Storage Building Relocation
Costs borne by developer ($40-$45K)
Execution contingent upon ability to obtain approvals (zoning and plat approval)
Separate from any park dedication requirements
Attorney reviewed
Proposed development to be considered in near future
City owned storage building and property
N
N
Continental Blvd.
Questions?
Steve Polasek
748-8018
Approve the designation of Town Square as the priority location for the placement of public art for fiscal year 2008
Steve Polasek
Item 4E
FY 2008 PUBLIC ART PROGRAM
Funding - $50,000 approved FY 2008 Hotel Occupancy Tax budget
$120,000 for the roundabout artwork
Arts Council considers Town Square key location to initiate new public art program
Arts Council recommended approval 4-0 on 01/22/08
Public Arts Master Plan to designate future locations
FY 2008 PUBLIC ART PROGRAM
Next steps:
Place a call to artists
Review artist qualifications / proposals
Interview finalists
Recommendation to City Council
Artist
Art project
Location within Town Square
Questions?
Chris Tribble
748-8021
Or
Steve Polasek
748-8018
Consent Item 4F
Greg Last
Impact Fee Update
Consider an order setting a public hearing for April 15, 2008 to discuss and review proposed updates to Land Use Assumptions, Capital Improvement Plans and Impact Fees for water, wastewater
and roadway improvements.
Required by State Law
Impact Fee Update
Documents available for review prior to hearing
Land Use Assumptions Report
Water and Wastewater Capital Improvements Plan
Roadway Capital Improvements Plan
CIAC Comments to City Council
1st Reading – April 1, 2008
2nd Reading / Public Hearing – April 15, 2008
Staff recommends Council set the public hearing date for April 15, 2008
Questions?
Greg Last
(817) 748-8037
Authorize a professional services agreement with Weaver and Tidwell, L.L.P., for audit services
March 4, 2008
Item 4H
Authorize a professional services agreement with Weaver and Tidwell, L.L.P., for audit services
City Charter requirement
Audit objective
expression of an opinion as to whether the financial statements are fairly presented
report on internal control
The total amount is not to exceed $80,000
Questions?
Contact Sharen Jackson
817.748.8042
Item 6A Consider adopting an Ordinance 928 to add a new Article VII, “Curfew Hours for Minors” to Chapter 15, “Public Safety” of the Southlake Code of Ordinances.
Wade Goolsby
Adopt Ordinance 928 to add a new Article VII, “Curfew Hours for Minors”
City of Southlake has seen a significant increase in juvenile activity
Several nearby cities have curfew ordinances
Needed to control unsupervised minors during curfew hours
Adopt Ordinance 928 to add a new Article VII, “Curfew Hours for Minors”
Curfew hours are defined as:
Between 11:00pm on Sunday, Monday, Tuesday, Wednesday, and Thursday until 6:00am the next day;
Between 12midnight on Friday and Saturday until 6:00am the next day.
Minor defined as any person under 17 years of age
Adopt Ordinance 928 to add a new Article VII, “Curfew Hours for Minors”
Ordinance prohibits:
Minors from being in any public place or on the premises of any establishment during curfew hours;
Parents/guardians from knowingly allowing a minor to be in any public place during curfew hours;
Employee, operator, or owner of any establishment from knowingly allowing a minor to remain on the premises during curfew hours.
Adopt Ordinance 928 to add a new Article VII, “Curfew Hours for Minors”
Defenses exist for:
Being accompanied by adult or guardian;
On errand for parent without any detour or stop;
In a vehicle traveling between two points outside of the city;
Engaged in employment activity; or going to or from the place of employment;
Involved in an emergency or rendering aid to others in an emergency;
Adopt Ordinance 928 to add a new Article VII, “Curfew Hours for Minors”
Defenses continued:
On the sidewalk abutting minor’s residence or abutting next door neighbor if the neighbor hasn’t complained;
Attending, going to, or returning home from an official school, religious, or other recreational activity supervised by adults and sponsored by the City of Southlake, a civic organization,
a school district, or similar entity that has taken responsibility for the minor
Questions?
Wade Goolsby Ext. 8347
Item 6B Consider adopting Ordinance 929 to adopt Ordinance to amend Chapter 58 making it unlawful for certain sex offenders to reside within 2000 feet of premises
where children gather.
Wade Goolsby
Adopt Ordinance to amend City Code to restrict the residency of registered sex offenders
State of Texas currently restricts registered sex offenders from living within 1000 feet of places where children gather
Attorney General issued ruling that allows cities to adopt a more restrictive Ordinance
Adopt Ordinance to amend City Code to restrict the residency of registered sex offenders
Proposed Ordinance increases the restriction of residence to 2000’ radius of premises where children gather;
Defined as Public or semi-public parks;
Public, semi-public, and parochial kindergartens;
Amusement arcades, indoor & outdoor amusement centers;
Public, commercial, and semi-private swimming pools;
Day nursery as defined in the Southlake Zoning Code
Adopt Ordinance to amend City Code to restrict the residency of registered sex offenders
Ordinance makes it unlawful to:
Lease, rent, or provide a residence with knowledge that it will be used as a residence for persons prohibited in this ordinance;
Adopt Ordinance to amend City Code to restrict the residency of registered sex offenders
Map showing residence restrictions will be maintained by Southlake Police Services and available to the public.
Adopt Ordinance to amend City Code to restrict the residency of registered sex offenders
Defenses:
Person restricted established a permanent residence prior to the adoption of this ordinance;
Person was a minor when they committed the offense and was not convicted as an adult;
Person required to register is a minor;
Premise where children gather opened after the person established permanent residence
Adopt Ordinance to amend City Code to restrict the residency of registered sex offenders
Public reminder
Don’t let this ordinance give you false sense of security;
It only applies to sex offenders who have been caught;
Only restricts a place of residence – not travel.
Questions?
Wade Goolsby Ext. 8347
ITEM 9B
Approve a revised commercial developer agreement with Carroll/1709 Ltd. for Shops of Southlake, a 29.3 acre development located at the southeast corner of East Southlake Boulevard and
South Carroll Avenue.
Shops of Southlake
Shops of Southlake
Development is nearing completion
Original CDA City Participation
$370,000 – Off-Site Paving Improvements
$ 13,000 – Off-Site Sidewalk
Request for additional city participation
$25,231.46 – Off-Site Paving Improvements
Developer Agreement - Paragraph D.1 Added
Standard agreement drafted by City Attorney
Questions? Bob Price (817) 748-8097