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Agenda CITY OF SOUTHLAKE REGULAR CITY COUNCIL MEETING: AUGUST 21, 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. Proposed Fiscal Year 2008 Annual Budget overview 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(0, 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. Teresa Dreyer v. City of Southlake, Texas, et.al. 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. 3. REPORTS: A. Mayor's Report B. City Manager's Report C. Parks and Recreation Board Report D. Financial Report City of Southlake values: Integrity 1 Innovation • Accountability ♦ Commitment to Excellence • Teamwork City of Southlake City Council meeting agenda August 21, 2007 Page 2 of 8 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 August 7, 2007, regular City Council meeting, and from the August 2, 2007, special meeting with the City Council. B. Resolution No. 07 -032, Appoint members to the Crime Control and Prevention District Board of Directors. C. Resolution No. 07 -046, Establish the City of Southlake Insurance Trust, authorize the trust agreement, and appoint Trustees. D. Approve renewal of a contract with Aetna to provide employee medical and dental benefits. E. Resolution No. 07 -047, Approve and authorize publication of notice of intent to issue certificates of obligation for parking structure, park, street and drainage improvements. F. This item was intentionally left blank G. ZA06 -121, Plat Extension for Johnson Place Estates on property located at 2440 Johnson Road. Current Zoning: R -PUD Residential Planned Unit Development District. SPIN Neighborhood #16. H. Consider SP07 -230, Variance to Sign Ordinance No. 704 -C for a directional sign for Timarron Country Club, located at 1425 Byron Nelson Parkway. I. Approve a Right -of -Way Encroachment Agreement for a directional sign for Timarron Country Club, located at 1425 Byron Nelson Parkway. J. ZA07 -069, Preliminary Plat for Triple Crown Estates on property being legally described as Tract 2D1, J.L. Chivers Survey, Abstract No. 384 and being located at 930 East Dove Street. Current Zoning: SF -1A Single Family Residential District. SPIN Neighborhood #3. K. Consider SP07 -233A, Variance to Sign Ordinance No. 704 -C for The Grove mixed -use development located at the southeast corner of West Dove Street and West State Highway 114. City of Southlake values: Integrity ♦ Innovation • Accountability ♦ Commitment to Excellence • Teamwork City of Southlake City Council meeting agenda August 21, 2007 Page 3 of 8 L. Consider SP07 -233B, Variance to Sign Ordinance No. 704 -C for The Grove mixed -use development located at the southwest corner of West Dove Street and West State Highway 114. M. Ordinance No. 480 -492, 1 Reading (ZA06 -045), Zoning Change for a portion of Lot 1, Block 1, Arnold Estates. The property is situated at 1275 Shady Oaks Drive with access through 520 West Highland Street. Current Zoning: RE Single Family Residential Estate District. Requested Zoning: SF -1A Single Family Residential District. SPIN Neighborhood #11. THIS ITEM HAS BEEN TABLED UNTIL THE SEPTEMBER 4, 2007, REGULAR CITY COUNCIL MEETING. N. Ordinance No. 480 -LLL, 2 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. O. Ordinance No. 480 -512, 2 Reading (ZA06 -189), Zoning Change and Site Plan for proposed Southlake Design Center, located at 280 Commerce Street. Current Zoning: S -P -1 Detailed Site Plan District. Requested Zoning: S -P -1 Detailed Site Plan District. SPIN Neighborhood #7. THE PROPERTY OWNER HAS REQUESTED TO TABLE THIS ITEM INDEFINITELY. P. Consider SP07 -232, Variance to Sign Ordinance No. 704 -C for Petsmart located at 200 South Village Center Drive. THE APPLICANT HAS REQUESTED TO TABLE THIS ITEM 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. Resolution No. 07 -049, (CP07 -004), Comprehensive Land Use Plan Amendment for Gateway Church - SH 114 Campus, being approximately 90.65 acres located at the 1200, 1500, and 1600 blocks of East State Highway 114. The current underlying land use designation is Mixed Use and the proposed underlying land use designation is Public /Semi Public. SPIN Neighborhood #6. PUBLIC HEARING B. Ordinance No. 480 -222a, 2 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, 1A1, 1E, 2, 2A, 2B, 2B1A, and 2C1, and in the Thomas Mahan Survey, Abstract No. 1049, City of Southlake values: Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork City of Southlake City Council meeting agenda August 21, 2007 Page 4 of 8 being Tracts 2A, 2B, 2B1, 3, 3A, 3C, 5, 5C, and 5D, and a portion of Tracts 1 and 1B1. The property is located along the north side of the 1500 — 1800 blocks of East 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. PUBLIC HEARING C. Ordinance No. 480 -528, 2nd Reading (ZA06 -003), Zoning Change on property described as approximately 2.24 acres of land being a portion of Tracts 2A, 2B1 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. PUBLIC HEARING D. ZA05 -113 Preliminary Plat for Gateway Church — 114 Campus, being approximately 250 acres. The property is located along the north side of the 1200 — 1800 blocks of East State Highway No. 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 and AG Agricultural District. SPIN Neighborhood #6. E. Resolution No. 07 -050, (ZA07 -089), Specific Use Permit to allow a tent for the purpose of promoting retail sales at Adventure Golf Cars on property located at 275 Commerce Street. Current Zoning: S -P -1 Detailed Site Plan District. SPIN Neighborhood #7. PUBLIC HEARING F. Resolution No. 07 -051, (ZA07 -095), Specific Use Permit to allow a tent for the purpose of promoting retail sales at American Backyard on property being legally described as Lot 2A, Block 1, Farrar Addition and being located at 200 North Kimball Avenue. Current Zoning: C -3 General Commercial District. SPIN Neighborhood #8. PUBLIC HEARING G. Resolution No. 07 -052, (ZA07 -096), Specific Use Permit for a mass gathering event for Oktoberfest on property located at Southlake Town Square at the northeast corner of East Southlake Boulevard and Carroll Avenue. Current Zoning: DT Downtown District. SPIN Neighborhood #8. PUBLIC HEARING H. Ordinance No. 910, 2 Reading, Adopt an ordinance to dedicate drainage and utility easements on City -owned property at 307 Parkwood for the purpose of constructing public improvements. PUBLIC HEARING City of Southlake values: Integrity • Innovation • Accountability ♦ Commitment to Excellence ♦ Teamwork City of Southlake City Council meeting agenda August 21, 2007 Page 5 of 8 7. Ordinances, first readings, and related items: st A. Ordinance No. 480 -529, 1 Reading (ZA07 -070), ORIGINAL REQUEST AS ADVERTISED: Zoning Change and Concept Plan for Woodbury Addition on property being legally described as Tracts 1B1A1 and 1B1A, T. J. Thompson Survey, Abstract No. 1502 and Lot 1, T.J. Thompson No. 1502 Addition and being located at 2100 West Continental Boulevard, 2020 West Continental Boulevard, and 2030 West Continental Boulevard. Current Zoning: SF -30 Single Family Residential District, AG Agricultural District, and S -P -1 Detailed Site Plan District. Requested Zoning: SF -20A Single Family Residential District. AMENDED REQUEST: Zoning Change and Concept Plan for Woodbury Addition on property being legally described as Tracts 1B1A1 and 1B1A, T.J. Thompson Survey, Abstract No. 1502 and being located at 2020 West Continental Boulevard, and 2030 West Continental Boulevard. Current Zoning: AG Agricultural District and S -P -1 Detailed Site Plan District. Requested Zoning: SF -20A Single Family Residential District. SPIN Neighborhood #16. (If approved at first reading, the public hearing will be held September 4, 2007.) B. Ordinance No. 912, 1 Reading, Call a special election for November 6, 2007, for the purpose of amending the City Charter. (If this item is approved on first reading, a public hearing will be held on September 4, 2007.) 8. Resolutions: (There are no items on this agenda.) 9. Other items for consideration: A. Approve a Residential Developer Agreement for SaddleBack Ridge located northwest of the intersection of North White Chapel Boulevard and East Bob Jones Road. B. Consider SP07 -254, Variance to the Jellico Square Conditional Sign Permit for The Little Gym of Southlake, located at 210 Randol Mill Avenue, Suite 100. C. Authorize a contract with Redflex Traffic Systems, Inc., for the installation and operation of red light cameras. D. 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: (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 August 21, 2007 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, August 17, 2007, by 6:00 p.m., pursuant to the Texas Government Code, Chapter 55,1,,,,,,,,, vTH[,q th-a. P , e o Lori Payne, TRM °4 4 141-4 = City Secretary 'i d s ° B. .•.°° If you plan to attend this public m ane``liave 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 21, 2007 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 v. City of Southlake, Texas, et.al. September 2006. 3. 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 21, 2007 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