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Agenda CITY OF SOUTHLAKE REGULAR CITY COUNCIL MEETING: AUGUST 7, 2007 LOCATION: 1400 Main Street, Southlake, Texas Council Chambers in Town Hall WORK SESSION: 5:00 to 6:00 P.M. 1. Call to order. 2. Invocation: David Whitington, Chaplain of the Month 3. I2ACTion Award recognition 4. Development regulations for Southlake's Southeast Quadrant - an area bounded by Continental Boulevard, Brumlow Avenue, State Highway 26, Kimball Avenue, State Highway 114, and F.M. 1709 5. 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 the city attorney a. Seek advice of the city attorney regarding oil and gas drilling regulations. b. Harold Sauls vs. Robert Welch, Alton Wells, Mike Berryhill, John Doe, and City of Southlake. 2. Section 551.074: Deliberation regarding personnel matters a. Deliberation of appointments of city board and commission members. 3. Section 551.087: Deliberation regarding economic development negotiations a. Economic incentives for businesses. B. Reconvene: Action necessary on items discussed in Executive Session. City of Southlake values: Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork City of Southlake City Council meeting agenda August 7, 2007 Page 2 of 7 3. REPORTS: A. Mayor's Report B. City Manager's Report 1. Introduction of new Assistant City Manager, Ben Thatcher 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 July 17, 2007, regular City Council meeting and from the July 12, 2007, joint meeting with the City Council and the Planning and Zoning Commission. B. Resolution No. 07-044, Create a community task force, Students and Parents Against Risks To Our Kids In Southlake (S.P.A.R.K.S), set forth the purpose, membership, terms of office, voting, duties, and responsibilities of members, adopt bylaws; and, abolish the Joint Drug and Alcohol Awareness Committee. C. Resolution No. 07-045, Appoint members to community task force, Students and Parents Against Risks to our Kids in Southlake (S.P.A.R.K.S.). D. Award bid and authorize a contract to Red Moon, Inc., for the purchase, delivery, and installation of video cameras, video monitoring and archival system for the Southlake Town Square area in the amount of $292,265. E. Award bid to Dooley Tackaberry and Fire Supply for the purchase of equipment and supplies to outfit the aerial platform truck under construction in the amount of $133,287. F. Ordinance No. 910, 1" Reading, Adopt an ordinance to dedicate drainage and utility easements on City owned property at 307 Parkwood for the purpose of constructing public improvements. (If approved at first reading, the public hearing will be held August 21, 2007.) G. Approve the Tarrant County Tax Collection Contract. H. ZA07-019, Preliminary Plat for Tealwood on property being legally described as Tract 2F1, J. Gibson Survey, Abstract No. 591 and being located at 1589 East City of Southlake values: Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork City of Southlake City Council meeting agenda August 7, 2007 Page 3 of 7 Continental Boulevard. Current Zoning: TZD Transitional Zoning District. SPIN Neighborhood #7. 1. Ordinance No. 480-LLL, 2°d Reading, An amendment to the Comprehensive Zoning Ordinance No. 480, as amended, as it pertains to the creation of the SF-2 Single Family Residential Zoning District. THIS ITEM IS TABLED TO THE SEPTEMBER 4, 2007, REGULAR 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. Ordinance No. 480-521, 2°d Reading (ZA07-005), Zoning Change and Site Plan for Chapel Crossing Shopping Center, located at 245 West State Highway 114 and 200 Countryside Court. Current Zoning: AG Agricultural District and C-1 Neighborhood Commercial District. Requested Zoning: S-P-2 Generalized Site Plan District. SPIN Neighborhood #11. PUBLIC HEARING B. Consider SP07-240, Variance to Sign Ordinance No. 704-C for Chapel Crossing Shopping Center, located at 245 West State Highway 114 and 200 Countryside Court. C. Ordinance No. 480-386b, 2nd Reading (ZA07-054), Zoning Change and Revised Site Plan for Cristina's Fine Mexican Restaurant located at 2707 East Southlake Boulevard. Current Zoning: S-P-2 Generalized Site Plan District. Requested Zoning: S-P-2 Generalized Site Plan District. SPIN Neighborhood #7. PUBLIC HEARING D. Consider SP07-231, Variance to Sign Ordinance No. 704-C for Cristina's Fine Mexican Restaurant located at 2707 East Southlake Boulevard, Suite 100. E. Resolution No. 07-030, (ZA07-045), Specific Use Permit for a mass gathering event at Gateway Church located at 1085 South Kimball Avenue. Current Zoning: S-P-1 Detailed Site Plan District. SPIN Neighborhood #7. PUBLIC HEARING F. Ordinance No. 480-341a, 2°d Reading (ZA07-066), Zoning Change and Revised Site Plan for Commerce Business Park located at 540 Commerce Street. Current Zoning: S-P-1 Detailed Site Plan District. Requested Zoning: S-P-1 Detailed Site Plan District. SPIN Neighborhood #7. PUBLIC HEARING 7. Ordinances, first readings, and related items: City of Southlake values: Integrity 1 Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork City of Southlake City Council meeting agenda August 7, 2007 Page 4 of 7 A. Ordinance No. 480-222a, lst Reading (ZA05-112), Zoning Change and Concept Plan for The Gateway Church - S.H. 114 Campus, being approximately 214 acres situated in the Richard Eads Survey, Abstract No. 481, being Tracts 1, 1Al, 1E, 2, 2A, 2B, 2B1A, and 2C1, and in the Thomas Mahan Survey, Abstract No. 1049, being Tracts 2A, 2B, 2B 1, 3, 3A, 3C, 5, 5C, and 51), and a portion of Tracts 1 and 1 B 1. The property is located along the north side of the 1500 - 1800 blocks of State Highway 114, along the south side of the 1300 - 1800 blocks of East Highland Street and along the west side of the 600 - 900 blocks of North Kimball Avenue and is approximately 600 feet east of North Carroll Avenue. Current Zoning: NR-PUD Non-Residential Planned Unit Development District and AG Agricultural District. Requested Zoning: NR-PUD Non-Residential Planned Unit Development District. SPIN Neighborhood #6. (If approved at first reading, the public hearing will be held August 21, 2007.) B. Ordinance No. 480-528, 1st Reading (ZA06-003), Zoning Change on property described as approximately 2.24 acres of land being a portion of Tracts 2A, 2B I and 3A in the T. Mahan Survey, Abstract No. 1049 and being approximately 1200 feet west of North Kimball Avenue and approximately 600 feet south of East Highland Street. Current Zoning: NR-PUD Non-Residential Planned Unit Development District. Requested Zoning: AG Agricultural District. SPIN Neighborhood #6. (If approved at first reading, the public hearing will be held August 21, 2007.) 8. Resolutions: A. Resolution No. 07-031, Appoint members to the Building Board of Appeals. B. Resolution No. 07-033, Appoint a City Council member to the Joint Utilization Committee. C. Resolution No. 07-034, Appoint members to the Library Board. D. Resolution No. 07-035, Appoint members to the Metroport Teen Court Advisory Board. E. Resolution No. 07-036, Appoint members to the Parks and Recreation Board. F. Resolution No. 07-037, Appoint members to the Planning and Zoning Commission. G. Resolution No. 07-038, Appoint members to the Senior Advisory Committee. H. Resolution No. 07-039, Appoint members to the Southlake Arts Council. City of Southlake values: Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork City of Southlake City Council meeting agenda August 7, 2007 Page 5 of 7 I. Resolution No. 07-040, Appoint members to the Southlake Parks Development Corporation. J. Resolution No. 07-041, Appoint members to the Zoning Board of Adjustment. 9. Other items for consideration: A. Authorize the purchase of a Caterpiller 924G Loader from Holt Cat Equipment through the BuyBoard Cooperative Purchasing Program in the amount of $138,498. B. Authorize the purchase of a Truck-Mounted Sewer Jet-Cleaner from Rush Truck Centers and Harbin through Houston-Galveston Council of Governments in the amount of $129,309. C. Consider SP07-182, Variance to Sign Ordinance No. 704-C for Cornerstone Plaza, located at 2707, 2717, and 2729 East Southlake Boulevard. D. Consider SP07-232, Variance to Sign Ordinance No. 704-C for Petsmart, located at 200 Village Center Drive. E. Place a proposal to adopt a tax increase and hold a public hearing on the tax rate on the agenda of the September 4 and 18, 2007, regular City Council meetings. 10. Other items for discussion: A. Potential Charter Amendments. 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, August 3, 2007, by 6:00 p.m., pursuant to the yoru+en1h Texas Government Code, Chapter .5 UTH 4,1 0" ~ 4 Lori Payne, TRN6t % City Secretary If you plan to attend this public meeting and have a disability that requires special needs, please advise the City Secretary'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 August 7, 2007 Page 6 of 7 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. Harold Sauls vs. Robert Welch, Alton Wells, Mike Berryhill, John Doe, and City of Southlake. March 2005. 3. Teresa Dreyer v. City of Southlake, Texas, et.al. September 2006. 4. TBC Construction, Inc., and TBC First Realty, Inc. v. City of Southlake, Barson Utilities, Inc., aka Barson Utilities. December 2006. 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 August 7, 2007 Page 7 of 7 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