2008-10-07 1 CITY O F
SOUTH LAKE
TEXAS
REGULAR CITY COUNCIL MEETING: OCTOBER 7, 2008
LOCATION: 1400 Main Street, Southlake, Texas
Council Chambers in Town Hall
WORK SESSION: 5:00 P.M.
1. Call to order.
2. Invocation: Chaplain of the Month
3. Potential Interlocal Agreement with the City of Grapevine
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 on the enforcement of the
City of Southlake's sex offender ordinance.
2. Section 551.072: Deliberation regarding real property
a. Discuss the potential purchase or lease of real property for
city facilities.
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. REPORTS:
City of Southlake values:
Integrity ♦ Innovation • Accountability ♦ Commitment to Excellence • Teamwork
City of Southlake
City Council meeting agenda
October 7, 2008
Page 2 of 8
A. Mayor's Report
1. Proclamation in recognition of the Southlake Green Dragons (11U)
Baseball Team winning the Triple Crown Summer National
Championship
2. Recognition of donors — water tower logo project
3. Presentation by Sister Cities Youth Ambassador Representative
B. City Manager's Report
C. Local Business Report
D. School District Reports
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 September 16, 2008, regular City Council
meeting.
B. Clarify a motion from the June 5, 2007 City Council meeting minutes for
Ordinance No. 480 -523, 2nd Reading (ZA07 -018) Zoning Change and
Development Plan for Tealwood.
C. Resolution No. 08 -052, Appoint representatives to serve as liaison and
alternate(s) members to the Texas High Speed Rail and Transportation
Corporation (THSRTC).
D. Approve an interlocal agreement with Tarrant County for the asphalt
overlay of Randol Mill Road from West Southlake Boulevard to north of
Brook Forest Drive and North Carroll Avenue, north from East Southlake
Boulevard to Federal Way.
E. Ratify termination of the professional services agreement with Graham
and Associates, Inc. for the design of White Chapel Boulevard.
F. Terminate the construction contract with Jackson Construction, Ltd., in the
amount of $891,157.70 for paving, drainage, and utility improvements to
Shumaker Lane and Sunshine Lane.
G. Award construction contract with JLB Contracting in the amount of
$897,191.66 for paving, drainage, and utility improvements to Shumaker
Lane and Sunshine Lane, and provide for construction phase
contingencies.
City of Southlake values:
Integrity • Innovation ♦ Accountability • Commitment to Excellence ♦ Teamwork
City of Southlake
City Council meeting agenda
October 7, 2008
Page 3 of 8
H. ZA08 -026, Plat Revision for South Village at Watermere being a revision
of a portion of Lot 4, Block 1, Watermere at Southlake Addition and being
approximately 33.72 acres in the Jesse G. Allen Survey, Abstract No. 18
and being located at 2271 Union Church Road. Current Zoning: S -P -2
Detailed Site Plan District and R -PUD Residential Planned Unit
Development. SPIN Neighborhood #15.
I. ZA08 -077, Plat Revision for Lot 4R, Block 1, Watermere at Southlake
Addition being a revision of a portion of Lot 4, Block 1, Watermere at
Southlake Addition and being located at 301 Watermere Drive. Current
Zoning: S -P -2 Detailed Site Plan District. SPIN Neighborhood #15.
J. ZA07 -033, Plat Extension for Autumn Creek Plat Revision, being a
revision of Lots 5R1 -5R3, Block 1, T.M. Hood, No. 706 Addition, located at
321, 331, and 333 West Highland Street. Current Zoning: SF -1A Single
Family Residential District. SPIN Neighborhood #10.
K. ZA06 -134, Plat Extension for Morrison Office Park Preliminary Plat, being
approximately 6.14 acres located at 2720 East State Highway 114.
Current Zoning: S -P -2 Generalized Site Plan District. SPIN Neighborhood
#6.
L. ZA06 -154, Plat Extension for Morrison Office Park Final Plat, located at
2720 East State Highway 114. Current Zoning: S -P -2 Generalized Site
Plan District. SPIN Neighborhood #6.
M. Approve Identity Theft Prevention Program.
N. ZA07 -144, Site Plan for Lot 1, Players Circle on property being legally
described as Lot 1, Block 1, Players Circle Addition and being located at
1901 West Southlake Boulevard. Current Zoning: C3 General Commercial
District. SPIN Neighborhood #16. THIS ITEM AND THE ASSOCIATED
PUBLIC HEARING ARE TABLED UNTIL THE NOVEMBER 4, 2008
CITY COUNCIL MEETING.
O. Resolution No. 08 -045, Amendments to the City's Mobility and Master
Thoroughfare Plan, an element of the Southlake 2025 Plan, the City's
Comprehensive Master Plan, to include the future alignment of Kirkwood
Boulevard, north of State Highway 114, and North Carroll Avenue. THIS
ITEM HAS BEEN TABLED.
REGULAR AGENDA:
5. Public Forum. (The Public Forum will not begin prior to 7:00 p.m.)
City of Southlake values:
Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork
City of Southlake
City Council meeting agenda
October 7, 2008
Page 4 of 8
6. Ordinances, second readings, public hearings, and related items:
A. Ordinance No. 480 -440a, 2nd Reading (ZA08 -076), Zoning Change and
Site Plan for Farpointe Wine Cellar on property located at 721 East
Southlake Boulevard and described as Lot 1, Block 1, Pecan Creek.
Current Zoning: S -P -1 Detailed Site Plan District. Requested Zoning: S -P-
1 Detailed Site Plan District. SPIN Neighborhood #9E. PUBLIC HEARING
B. ZA08 -079, Site Plan for The Shops of Southlake on property being
described as Lot 5, Block 1 (Buildings Al and A2) and Lot 1, Block 1
(Building E), Shops of Southlake and being located at 1451 and 1201 East
Southlake Boulevard. Current Zoning: S -P -2 Detailed Site Plan District.
SPIN Neighborhood #8. PUBLIC HEARING
C. Consider SP08 -223, Conditional Sign Permit for The Shops at Southlake
located at the southeast corner of South Carroll Avenue and East
Southlake Boulevard.
D. Resolution No. 08 -051, (ZA08 -082) Specific Use Permit for Chick -fil -A on
property being described as Lot 4, Block 1, Perry/Allen Addition and
located at 2301 East Southlake Boulevard. Current Zoning: C3 General
Commercial District. SPIN Neighborhood #7. PUBLIC HEARING
E. Ordinance No. 946, 2nd Reading, An ordinance adding Chapter 9.5, Article
VIII to the Code of Ordinances; providing for the regulation of erosion and
sediment control at construction sites within the city of Southlake and
establishing an effective date. PUBLIC HEARING
F. Ordinance No 483 -0, 2nd Reading, Amendment to the Subdivision
Ordinance No. 483, as amended, as it pertains to the requirements for the
installation of underground franchise utilities within the City of Southlake.
PUBLIC HEARING
7. Ordinances, first readings, and related items:
A. Ordinance No. 480 -564, 1 Reading (ZA08 -031), Zoning Change and
Development Plan for Carillon Southlake on property located at the
northeast corner of East State Highway 114 and North White Chapel
" ' Boulevard and described as Tracts 1, 2, 3A, 3A1, 3A3, 3A4, 3A4A, 3A5,
3B, 3B1, and 3B2, Larkin H. Chivers Survey, Abstract No. 300 and Tracts
3 and 4A1, Absolom H. Chivers Survey, Abstract No. 299. Said property
also being currently addressed 1500 and 1900 North Carroll Avenue,
North White Chapel Boulevard, and 100, 202, 250, 300, 320, and 350
East State Highway 114. Current Zoning: NR -PUD Non - Residential
Planned Unit Development District and C -2 Local Retail Commercial
City of Southlake values:
Integrity • Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork
City of Southlake
City Council meeting agenda
October 7, 2008
Page 5 of 8
District. Requested Zoning: ECZ Employment Center Zoning District.
SPIN Neighborhood #5. (If approved at first reading, the public hearing will
be held October 21, 2008.)
B. Ordinance No. 480 -569, 1 Reading (ZA08 -052), Zoning Change and
Concept Plan for Miracle Pointe 11 on property being Tracts 6G, 6H and
6K, John A. Freeman Survey, Abstract No. 529 and being located at 703,
722 and 750 South Kimball Avenue. Current Zoning: AG Agricultural and
11 Light Industrial. Proposed Zoning: SF -20A Single Family Residential.
SPIN Neighborhood #8. (If approved at first reading, the public hearing will
be held October 21, 2008.)
C. Ordinance No. 480 -570, 1 Reading (ZA08 -059), Zoning Change and Site
Plan for The Plaza at Southlake Boulevard on property being described as
a portion of Tract 4G, O.W. Knight Survey, Abstract No. 899 and being
located at 400 South Carroll Avenue (per Tarrant County Appraisal District
records) and also being at 1001 East Southlake Boulevard (as assigned
by the City of Southlake). Current Zoning: AG Agricultural. Proposed
Zoning: S -P -2 Generalized Site Plan District with C2 Uses Light Retail
Commercial District. SPIN Neighborhood #9E. (If approved at first reading,
the public hearing will be held October 21, 2008.)
8. Resolutions: (There are no items on this agenda.)
9. Other items for consideration:
A. Approve recommendation for the placement of red light cameras at Carroll
Avenue at East Southlake Boulevard — westbound, Kimball Avenue at
East Southlake Boulevard — westbound, Peytonville Avenue at West
Southlake Boulevard - eastbound, and Davis Boulevard at West Southlake
Boulevard — northbound.
B. Consider SP08 -161, Variance to the Shady Oaks Office Park Conditional
Sign Permit for Guaranty Bank located at 600 West Southlake Boulevard,
Suite 110.
10. Other items for discussion: (There are no items on this agenda.)
11. Meeting adjourned.
City of Southlake values:
Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence • Teamwork
City of Southlake
City Council meeting agenda
October 7, 2008
Page 6 of 8
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 3, 2008, by 6:00 p.m.,
pursuant to the Texas Government Code, Chapter 551.
j ati 31(32 s s
Lori Payne, T R ' 0 1 1� •
City Secretary -
•
If you plan to attend this public rrf gupgo nd have a disability that requires special
needs, please advise the City Se'Cre►y"'1Office 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
October 7, 2008
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. 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. June G. Thrash vs. City of Southlake, et al. January 2008.
4. Michael Kenny vs. City of Southlake. April 2008.
5. Jayson Steele vs. City of Southlake. August 2008.
6. City of Southlake vs. Greg Abbott, Attorney General, State of Texas. August
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
October 7, 2008
Page 8 of 8
Section 418.183(0: 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.
City of Southlake values:
Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork