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Agenda 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