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Agenda U CITY OF SOUTH LAKE TEXAS REGULAR CITY COUNCIL MEETING: OCTOBER 21, 2008 LOCATION: 1400 Main Street, Southlake, Texas Council Chambers in Town Hall BOARD MEMBER RECEPTION: 5:00 P.M. 1. A reception for all appointed board members will be held from 5:00 to 6:00 p.m. in the Town Hall foyer. WORK SESSION: 6:00 P.M. or immediately following the board member reception 1. Call to order. 2. Invocation: Eric Hulet, Chaplain of the Month 3. 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: 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 the potential purchase or lease of real property for city facilities. 2. 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 21, 2008 Page 2 of 8 A. Mayor's Report 1. Upcoming meetings and events 2. Proclamation in recognition of the Tring School Music Department Day B. City Manager's Report 1. Joint Utilization Committee shared services 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 October 7, 2008, regular City Council meeting. B. Cancel or reschedule the November 4, 2008, regular City Council meeting. C. Approve a professional services agreement with Nathan D. Maier Consulting Engineers, Inc. in the amount of $264,859 for the design of North White Chapel Boulevard from Highland Street to State Highway 114. D. Ordinance No. 947, 1St Reading, Vacate and abandon a 15' waterline easement and a 20' temporary construction easement located on Samuel Freeman Abstract No. 525 and recorded in Volume 15934, Page 278, D.R.T.C.T. (If approved at first reading, the public hearing will be held November 4, 2008.) E. Excuse a City Council member for absences from meetings. F. Authorize the acquisition of Federal Aviation Administration (FAA) tract adjacent to DPS North Site on Dove Road for park land. G. Resolution No. 08-055, Deny the requested increases in electric transmission and distribution rates by Oncor Electric Company. H. Approve the purchase of new and replacement vehicles from Philpott Motors in the amount of $370,852. 1. Approve the purchase of new and replacement vehicles from Dallas Dodge in the amount of $360,080. City of Southlake values: Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork City of Southlake City Council meeting agenda October 21, 2008 Page 3 of 8 J. Approve the purchase of new and replacement vehicles from Caldwell County Chevrolet in the amount of $31,625. K. Resolution No. 08-054, Creation of a community event participation program. L. Ordinance No. 480-491a, 1St Reading (ZA08-093), Zoning Change and Site Plan for Morrison Office Park on property being described as Tract 1A, Samuel Freeman Survey, Abstract No. 525 and being located at 2720 East State Highway 114. Current Zoning: S-P-2 Generalized Site Plan District. Requested Zoning: S-P-2 Generalized Site Plan District. SPIN Neighborhood #6. (If approved at first reading, the public hearing will be held November 4, 2008.) M. Ordinance No. 480-564, 2nd Reading (ZA08-031), Zoning Change and Development Plan for Carillon Southlake on property located at the northeast corner of 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 as 1500 and 1900 North Carroll Avenue, 1801 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 District. Requested Zoning: ECZ Employment Center Zoning District. SPIN Neighborhood #5. THE APPLICANT REQUESTED TO TABLE THIS ITEM TO THE NOVEMBER 18, 2008 CITY COUNCIL MEETING. N. 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 TO THE NOVEMBER 18, 2008 CITY COUNCIL MEETING. REGULAR AGENDA: 5. Public Forum. (The Public Forum will not begin prior to 7:00 p.m.) 6. Ordinances, second readings, public hearings, and related items: A. ZA08-097, Site Plan for Whites Chapel Cemetery on property being approximately 2.3 acres located at the southeast corner of East Southlake Boulevard and South White Chapel Boulevard and being located at 121 East Southlake Boulevard and 121 South White Chapel Boulevard. City of Southlake values: Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork City of Southlake City Council meeting agenda October 21, 2008 Page 4 of 8 Current Zoning: CS Community Service District. SPIN Neighborhood #9W. PUBLIC HEARING B. Ordinance No. 480-569, 2nd Reading (ZA08-052), Zoning Change and Concept Plan for Miracle Pointe II (revised to Kimball Circle Estates) 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. PUBLIC HEARING C. ZA08-053, Preliminary Plat for Miracle Pointe II (revised to Kimball Circle Estates) on property being Tracts 6G, 6H and 6K, John A. Freedman Survey, Abstract No. 529 and being located at 703, 722 and 750 South Kimball Avenue. Current Zoning: AG Agricultural and 11 Light Industrial. SPIN Neighborhood #8. D. ZA08-081, Site Plan for The Worthington on property being described as Lot 1, Block 24, Southlake Town Square Brownstones Phase A and being located at 161 Summit Avenue. Current Zoning: DT Downtown District. SPIN Neighborhood #8. PUBLIC HEARING E. Resolution No. 08-053 (ZA08-092), Specific Use Permit for Myan Plaza (carport) on property being described as Lot 3R, Block 3, Cornerstone Business Park Addition and being located at 520 Silicon Drive. Current Zoning: 01 Office District. SPIN Neighborhood #7. PUBLIC HEARING 7. Ordinances, first readings, and related items: A. Ordinance No. 480-570, 1St 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 District. 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 November 4, 2008.) B. Ordinance No. 480-571, 1St Reading (ZA08-083), Zoning Change for 200 South Peytonville Avenue being Tract 3C2, W. R. Eaves Survey, Abstract No. 500. Current Zoning: S-P-2 Generalized Site Plan District. Proposed Zoning: 0-1 Office District or a zoning district which represents the highest and best use of property as provided in the City's Comprehensive Zoning City of Southlake values: Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork City of Southlake City Council meeting agenda October 21, 2008 Page 5 of 8 Ordinance No. 480, as amended. SPIN Neighborhood #16. (If approved at first reading, the public hearing will be held November 4, 2008.) C. Ordinance No. 480-572, 1St Reading (ZA08-084), Zoning Change for 210 South Peytonville Avenue on property being Tract 3C2A, W. R. Eaves Survey, Abstract No. 500. Current Zoning: S-P-2 Generalized Site Plan District. Proposed Zoning: 0-1 Office District or a zoning district which represents the highest and best use of property as provided in the City's Comprehensive Zoning Ordinance No. 480, as amended. SPIN Neighborhood #16. (If approved at first reading, the public hearing will be held November 4, 2008.) D. Ordinance No. 480-573, 1St Reading (ZA08-085), Zoning Change for 240 South Peytonville Avenue on property being Lot 3, Akard Addition. Current Zoning: S-P-2 Generalized Site Plan District. Proposed Zoning: S-P-1 Detailed Site Plan District or a zoning district which represents the highest and best use of property as provided in the City's Comprehensive Zoning Ordinance No. 480, as amended. SPIN Neighborhood #16. (If approved at first reading, the public hearing will be held November 4, 2008.) E. Ordinance No. 480-574, 1St Reading (ZA08-086), Zoning Change for 260 South Peytonville Avenue on property being Lot 2, Akard Addition. Current Zoning: S-P-2 Generalized Site Plan District. Proposed Zoning: 0-1 Office District or a zoning district which represents the highest and best use of property as provided in the City's Comprehensive Zoning Ordinance No. 480, as amended. SPIN Neighborhood #16. (If approved at first reading, the public hearing will be held November 4, 2008.) F. Ordinance No. 480-575, 1St Reading (ZA08-087), Zoning Change for 280 South Peytonville Avenue on property being Lot 1, Akard Addition. Current Zoning: S-P-2 Generalized Site Plan District. Proposed Zoning: 0-1 Office District or a zoning district which represents the highest and best use of property as provided in the City's Comprehensive Zoning Ordinance No. 480, as amended. SPIN Neighborhood #16. (If approved at first reading, the public hearing will be held November 4, 2008.) G. Ordinance No. 480-543, 1St Reading (ZA07-126), Zoning Change and Concept Plan for 200 South Peytonville Avenue on property being legally described as Tract 3C02, W.R. Eaves Survey, Abstract No. 500. Current Zoning: S-P-2 Generalized Site Plan District. Requested Zoning: 0-1 Office District. SPIN Neighborhood #16 (If approved at first reading, the public hearing will be held November 4, 2008.) H. Ordinance No. 480-567, 1St Reading (ZA08-007), Zoning Change and Site Plan for Legacy Business Park on property being as Lot 3, Akard Addition City of Southlake values: Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork City of Southlake City Council meeting agenda October 21, 2008 Page 6 of 8 and being located at 240 South Peytonville Avenue. Current Zoning: S-P-2 Generalized Site Plan District. Requested Zoning: S-P-1 Detailed Site Plan District. SPIN Neighborhood #16. (If approved at first reading, the public hearing will be held November 4, 2008.) I. Ordinance No. 480-576, 1St Reading (ZA08-078), Zoning Change and Concept Plan for Bicentennial Park on property being described as Lot 2R2, L.B.G. Hall No. 686 Addition and being Tracts 1, 1 B, 1 C1, 1 C2, 1 C3, 1E, 2A, 2A1, 2A2, 213, 2131, 3C, 3C1, 3C1A, 3D, 3D1A and 3D6 in the L.B.G. Hall Survey Abstract No. 686 and being located at 400 North White Chapel Boulevard, 300 and 450 West Southlake Boulevard and 275-315 Shady Oaks Drive. Current Zoning: CS Community Service District and AG Agricultural District. Requested Zoning: CS Community Service District. SPIN Neighborhood #13. (If approved at first reading, the public hearing will be held November 4, 2008.) 8. Resolutions: A. Resolution No. 08-058, Emphasizing the importance of the FM 1938 project and supporting the Texas Department of Transportation. 9. Other items for consideration: A. Consider SP08-234, Variance to Sign Ordinance No. 704-C for Gateway Church located along the north side of State Highway 114 between North Carroll Avenue and North Kimball Avenue. 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, October 17, 2008, by 6:00 p.m., pursuant to the Texas Governnveen&,Pode, Chapter 551. % . ,0 Lori Payne, TRM City Secretary If you plan to attend this ptlbljc q0d have a disability that requires special needs, please advise the City Secretary's "'Offioe-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 21, 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 propert y 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 21, 2008 Page 8 of 8 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 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