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2008-06-03 CITY OF SOUTHLAKE TEXAS REGULAR CITY COUNCIL MEETING: JUNE 3, 2008 LOCATION: 1400 Main Street, Southlake, Texas Council Chambers in Town Hall WORK SESSION: 5:00 P.M. 1. Call to order. 2. Invocation: Scott Berry, Chaplain of the Month 3. Town Square security camera demonstration 4. 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 TIRZ reimbursement. 2. Section 551087• 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. Introduction of new Community Services Construction Manager, Peter Kao City of Southlake values: Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork City of Southlake City Council meeting agenda June 3, 2008 Page 2 of 6 C. Library Board 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. 4. Consent: A. Approve the minutes from the May 20, 2008, regular City Council meeting. B. Approve a professional services agreement with Huitt Zollars, Inc. in the amount of $515,000 for the design of North White Chapel Boulevard from Emerald Boulevard to Highland Street. C. Approve an interlocal agreement with Tarrant County for construction of North White Chapel Boulevard from Emerald Boulevard to Highland Street. D. Approve a contract with Tarrant County for tax collection. E. Ordinance No. 895-A, 1St Reading, Approve an amendment to the City of Southlake Water Conservation Ordinance per contractual obligation with the City of Fort Worth. (If approved on first reading, the public hearing will be held at the June 17, 2008 City Council meeting.) REGULAR AGENDA: 5. Public Forum. 6. Ordinances, second readings, public hearings, and related items: A. ZA07-167, Site Plan for Xaris Office Development on property located at the northwest corner of East State Highway 114 and North Carroll Avenue being 1050 East State Highway 114. Current Zoning: C-3 General Commercial District. SPIN Neighborhood #6. PUBLIC HEARING B. Ordinance No. 480-561, 2nd Reading (ZA07-135), Zoning Change and Site Plan for Northeast Baptist Church on property being legally described as Tract 6F02, J.G. Allen Survey, Abstract No. 18 and Lot 11, J.G. Allen No. 18 Addition; located at 1000 Davis Boulevard and 2785 Union Church Road. Current Zoning: AG Agricultural District and SF-1A Single Family Residential District. Requested Zoning: CS Community Service District. SPIN Neighborhood #15. PUBLIC HEARING City of Southlake values: Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork City'of Southlake City Council meeting agenda June 3, 2008 Page 3 of 6 C. ZA07-136, Plat Revision for Lot 11 R, J.G. Allen No. 18 Addition, being a replat of property currently described as Tract 6F02, J.G. Allen Survey, Abstract No. 18 and Lot 11, J.G. Allen No. 18 Addition; located at 1000 Davis Boulevard and 2785 Union Church Road. Current Zoning: AG Agricultural District and SF-1A Single Family Residential District. Proposed Zoning: CS Community Service District. SPIN Neighborhood #15. D. ZA08-022, Site Plan for Gateway Church Phase I, located along the north side of East State Highway 114, between North Carroll Avenue and North Kimball Avenue. Current Zoning: NRPUD Non-Residential Planned Unit Development District. SPIN Neighborhood # 6. PUBLIC HEARING E. Resolution No. 08-022 (ZA08-027), Specific Use Permit for Verizon Wireless telecommunications antenna on property located at 1205 South White Chapel Boulevard. Current Zoning: S-P-1 Detailed Site Plan District. SPIN Neighborhood #9W. PUBLIC HEARING 7. Ordinances, first readings, and related items: A. Ordinance No. 480-555, 1St Reading (ZA07-058), Zoning Change and Development Plan for East Haven Addition on property being legally described as Lots 7R, 8R, 20R, and 21 R, East Haven Addition and Tracts 1A, 2A, 2A2, 2A3, and 2131, Hollingsworth and Barnett Survey, Abstract No. 787 and located along Haven Circle (formerly known as East and West Perry Circle) and along the south side of the 900 block of East Continental Boulevard. Current Zoning: 11 Light Industrial District and AG - Agricultural District. Requested Zoning: R-PUD Residential Planned Unit Development District. SPIN Neighborhood #9e. (If approved on first reading, the public hearing will be held at the June 17, 2008 City Council meeting.) 8. Resolutions: A. Resolution No. 08-013, Amend the fee schedule. 9. Other items for consideration: A. Consider SP08-121, Variance to the Gateway Plaza Phase I Conditional Sign Permit for Rugs N Floors, located at 2960 East Southlake Boulevard, Suites 140 and 150. B. Consider SP08-122, Variance to Sign Ordinance No. 704-C for Adams Engineering, located at 910 South Kimball Avenue in the Champion Crossing development. City of Southlake values: Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork City'of Southlake City Council meeting agenda June 3, 2008 Page 4 of 6 C. Consider SP08-125, Variance to Sign Ordinance No. 704-C for Ethan Allen Southlake, located at 2171 East Southlake Boulevard. 10. Other items for discussion: (There are no items on this agenda.) 11. 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, May 30, 2008, by 6:00 p.m., pursuant to the Texas Government Code, Chapter 551. `,tttttlt1/1/1I//ICJ V Z = Lori Payne, TRKtO City Secretary If you plan to attend th&"'P Mal e ng and have a disability that requires special needs, please advise the C1Yyry's Office 48 hours in advance at 817-748-8016 and reasonable accommodations will be made to assist you. City of Southlake values: Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork City of Southlake City Council meeting agenda June 3, 2008 Page 5 of 6 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. 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. 2. Teresa Dreyer vs. City of Southlake. September 2006. 3. TBC Construction, Inc., and TBC First Realty, Inc. vs. City of Southlake, Barson Utilities, Inc., aka Barson Utilities. December 2006. 4. June G. Thrash vs. City of Southlake, et al. January 2008. 5. Michael Kenny vs. City of Southlake. April 2008 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 values: Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork City of Southlake City Council meeting agenda June 3, 2008 Page 6 of 6 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. City of Southlake values: Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork