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FINAL AgendaRegular City Council Meeting May 6, 2008 LOCATION: 1400 Main Street, Southlake, Texas Council Chambers in Town Hall WORK SESSION: 4:00 p.m. 1. Call to order. 2. Invocation: Scott Berry, First Baptist Church of Southlake 3. Joint Work Session with the P&Z Commission: a. Discussion of the following: 1. Ordinance No. 480-RRR, Amending the Comprehensive Zoning Ordinance No. 480, as amended, as it pertains to oil and gas drilling production. 2. Amendment to the City’s Master Comprehensive Plan as it pertains to oil and gas drilling production, oil and gas production pad sites and natural resource extraction activities. 3. Ordinance No. 880-A, Amending Section. 9.5, Article IV of the Southlake City Code regarding oil and gas well drilling and production. 4. Special reception for Mayor Pro Tem Carolyn Morris 5. Discuss all items on tonight’s meeting agenda. REGULAR SESSION: Call to order. 2A. Executive Session. 2B. Reconvene/Action necessary from Executive Session 3A. Mayor’s Report 1. Special presentation to Senator Jane Nelson 2. Recognize students from the Carroll ISD Class of 2008 who have been accepted to a military academy 3. Proclamation Building Safety Week 3B. City Manager’s Report 3C. School District’s Report CONSENT AGENDA: 4A. Approve the minutes from the April 15, 2008, regular City Council meeting and the April 23, 2008, special City Council meeting. 4B. This item was intentionally left blank. 4C. This item was intentionally left blank. 4D. Resolution No. 08-016, Authorize continued participation with the Steering Committee of Cities served by Oncor and authorize the payment of 10 cents per capita to the Steering Committee to fund regulatory and related activities related to Oncor Electric Delivery. 4E. Award of bid to XTG, Inc. in the amount of $104,533.95 for audio visual system upgrade for the City Council Chambers. 4F. Approve a letter agreement with Republic Waste Services of Texas, Ltd., amending the contract for residential and commercial refuse collection dated March 22, 2007. 4G. Approve a revised residential developer agreement with Woodbury Development, LLC for Woodbury Addition, a 9-lot subdivision on the north side of W. Continental Blvd. and east of Davis Blvd. 4H. Ordinance No. 480-556, 1st Reading, (ZA07-137), Zoning Change and Site Plan for Bosworth Offices at 1900 E. S.H. 114. Current Zoning: B- 1. Proposed Zoning: S-P-1. SPIN #6. 4I. Ordinance No. 480-557, 1st Reading, (ZA08-016), Zoning Change and Concept Plan for 2809 Ridgecrest Dr. Current Zoning: AG. Proposed Zoning: SF-2. SPIN #15. 4J. ZA08-012, Revised Preliminary Plat for Gateway Church along S.H. 114, between N. Carroll Ave. and N. Kimball Ave. Current Zoning: NR- PUD. SPIN #6. 4K. ZA08-014, Preliminary Plat for Winfield Estates at 1107 and 1155 E. Dove St. And 2210 N. Carroll Ave. Current Zoning: R-PUD. SPIN #5. 4L. ZA08-015, Plat Showing for Lots 3-6, W.W. Hall No. 687 Addition being Tract 3, W.W. Hall Survey, Abstract No. 687 at 310 E. Southlake Blvd. Current Zoning: S-P-1. SPIN #13. 4M. ZA08-023, Plat Showing for Lots 1-4, T. Easter No. 458 Addition being Tracts 2E2, 2E5, 2E5C, 2E6, 2E9B, and 2E14, T. Easter Survey, Abstract No. 458 at 2300 E. S.H. 114. Current Zoning: S-P-1. SPIN #6. 4N. Resolution No. 08-014, Adopt a resolution to support CP80 and Federal adoption of the Internet Community Ports Act. 4O. ZA07-123, Revised Site Plan for Chick-fil-A on Lot 4, Block 1, Perry/Allen Addition at 2301 E. Southlake Blvd. Current Zoning: C3. SPIN #7. THIS ITEM HAS BEEN WITHDRAWN BY THE APPLICANT. 4P. Ordinance No. 480-552, 1st Reading (ZA07-162), Zoning Change and Concept Plan for Lots 9-12, J. Childress No. 254 Addition, being Tract 3D2, John Heirs Childress Survey, Abstract No. 254 at 3010 Lake Dr. Current Zoning: AG. Requested Zoning: SF20B. SPIN #3. THIS ITEM HAS BEEN WITHDRAWN BY THE APPLICANT. 4Q. ZA07-163, Plat Showing for Lots 9-12, J. Childress No. 254 Addition being Tract 3D2, John Heirs Childress Survey, Abstract No. 254 at 3010 Lake Dr. Current Zoning: AG. SPIN #3. THIS ITEM HAS BEEN WITHDRAWN BY THE APPLICANT. 4R. Resolution No. 07-056, CP07-005, Amendment to the City’s Master Comprehensive Plan as it pertains to oil and gas drilling production, oil and gas production pad sites and natural resource extraction activities. THIS ITEM HAS BEEN TABLED TO THE MAY 20, 2008 CITY COUNCIL MEETING. 4S. Ordinance No. 480-RRR, 2nd Reading, Amendment to the Comprehensive Zoning Ordinance No. 480, as amended, as it pertains to oil and gas drilling and production. THIS ITEM HAS BEEN TABLED TO THE MAY 20, 2008 CITY COUNCIL MEETING. 4T. Ordinance No. 880-A, 2nd Reading, Amend Section 9.5, article IV, of the Southlake City Code regarding oil and gas well drilling and production. THIS ITEM HAS BEEN TABLED TO THE MAY 20, 2008 CITY COUNCIL MEETING. REGULAR AGENDA: 5. Public Forum. A. Ken Walbridge to speak on Texas Property Tax Code 33.06. 6A. Ordinance No. 483-L, 2nd Reading, Miscellaneous amendments to the Subdivision Ordinance No. 483, as amended, including but not limited to minimum lot width standards and regulations pertaining to panhandle lots. PUBLIC HEARING 6B. Ordinance No. 480-SSS, 2nd Reading, Amendment to the Comprehensive Zoning Ordinance No. 480, as amended, as it pertains to development regulations which are not currently regulated by the City’s Corridor Overlay Zone or Residential Adjacency Standards. PUBLIC HEARING 6C. Ordinance No. 480-550, 2nd Reading (ZA07-133), Zoning Change and Development Plan for Lake Forest being Tract 5, R.D. Price Survey, Abstract No. 1207 at 3185 Southlake Park Dr. Current Zoning: AG. Requested Zoning: R-PUD. SPIN #3. PUBLIC HEARING 6D. ZA07-134, Preliminary Plat for Lots 1 – 8, Block 1, Lake Forest Addition being Tract 5, R.D. Price Survey, Abstract No. 1207 at 3185 Southlake Park Dr. Current Zoning: AG. Proposed Zoning: R-PUD. SPIN #3. PUBLIC HEARING 7A. Ordinance No. 480-559, 1st Reading (ZA08-017), Zoning Change and Development Plan for Statham/George Addition being Tracts 7 and 7A, R.D. Price Survey, Abstract No.1207 and Tract 2F2, J. Childress Survey, Abstract No. 254 at 2980 Burney Ln. Current Zoning: SF-1A. Requested Zoning: R-PUD. SPIN #3. 7B. Ordinance No. 480-560, 1st Reading (ZA08-018), Zoning Change and Development Plan for Housmans/Harbor Oaks Addition being Lot 10, Block 2, Harbor Oaks at 2970 Burney Ln. Current Zoning: SF-1A. Requested Zoning: R-PUD. SPIN #3. 7C. Ordinance No. 480-555, 1st Reading (ZA07-058), Zoning Change and Development Plan for East Haven Addition on Lots 7R, 8R, 20R, and 21R, East Haven Addition and tracts 1A, 2A, 2A2, 2A3, and 2B1, Hollingsworth and Barnett Survey, Abstract No. 787 along Haven Circle (formerly known as East and West Perry Circle) along the south side of the 900 block of E. Continental Blvd. Current Zoning: I1 and AG. Requested Zoning: R-PUD. SPIN #9e. 7D. Ordinance No. 480-558, 1st Reading (ZA07-146), Zoning Change and Concept Plan for Harris Methodist Southlake on being Lot 1, Block 1, Gorbutt Addition at 1545 E. Southlake Blvd. Current Zoning: S-P-2. Requested Zoning: S-P-2. SPIN #8. 8. There are no items on this agenda. 9. There are no items on this agenda. 10. There are no items on this agenda. 11. Meeting adjourned. Utility Billing Go-Live Staff Team Resolution 08-016 May 6, 2008 Resolution 08-016 Member of Steering Committee of Cities Committee is the primary public interest advocate Per capita assessment $2,570 QUESTIONS? Sharen Jackson 817.748.8042 Item 4E Award of bid to XTG, Inc. for audio visual system upgrade for City Council Chambers Item 4E Review of work to date Replaced projector Repaired sound system component Consultant report presented to Council RFB prepared to address the three categories of recommendations Critical Necessary Soon Desired Improvements Item 4E RFB prepared to address the sound issues, digital recording and scheduling, character generator and video editing as well as several of the desired improvements. Recommended bidder covered all the items within current budget. Remaining item of internet streaming will be addressed in next years budget proposal. Item 4E Questions? Gary Gregg 817-748-8086 Item 4F Letter agreement between the City of Southlake, Texas and Republic Waste Services of Texas, Ltd., amending the Contract for Residential and Commercial Refuse Collection dated March 22, 2007 Jim C. Blagg Letter Agreement Republic Waste Services of Texas (dba Duncan) began providing refuse collection services in Southlake on 1 May 2007. First term of the contract was for an 18 month period that ends on 31 October 2008 Duncan has experienced significant cost Increases that cannot be recovered with the CPI method in current contract Letter Agreement Fuel costs have risen from $2.50 per gallon to $3.71per gallon in the last 12 months - $120,000. Actual per pickup volume in Southlake has be 42 lbs. per pickup an increase over their estimate of 31% - disposal costs increase of $86,000) and labor costs increase of $131,000. Letter Agreement Current contract requires Duncan to give 180 days notice prior to October 31, 2008. City would prefer that Duncan not give notice, but give us time to sit down and see if there is room for negotiation. Duncan has asked the City to consider re-negotiating the current contract. Letter Agreement This letter agreement allows the City and Duncan to sit down and attempt to come to some agreement The agreement allows Duncan to give its 180 notice on or after June 1, 2008. Questions? Jim C. Blagg 817.748.8601 Item 4G Approve a revised residential developer agreement with Woodbury Development, LLC for Woodbury Addition, a 9 lot subdivision located on the north side of W. Continental Boulevard east of Davis Boulevard Water Plan Sanitary Sewer Plan Storm Sewer Plan Offsite Storm Pipe Offsite Storm Sewer Plan Continental Blvd Village Green School Driveway Woodbury Addition Developer Agreement 9 Lot Subdivision – Located on the north side of W. Continental Boulevard east of Davis Boulevard Initial agreement provided for on-site public improvements and fees Standard agreement drafted by City Attorney Woodbury Addition Developer Agreement Critical Drainage Structure #19 fees total $2,394.99 to be paid by the developer Park dedication fees total $13,500.00 to be paid by the developer City will reimburse the developer for off-site drainage improvements not to exceed $80,000.00 Questions? Bob Price (817) 748-8097 Item 4H ZA07-137 Owner: Bosworth Farms II, L.P. Applicant Blake Architects Request: Approval of a Zoning Change and Site Plan from “B-1” Business Service Park District to “S-P-1” Detailed Site Plan District for the development of four (4) general office buildings totaling 14,153 square feet on approximately 1.55 acres Location: 1900 E. State Highway 114 Lot 2R, Brewer Industrial Addition ELEVATIONS ELEVATIONS ELEVATIONS Looking east toward property Looking north toward property Looking west toward property Looking south toward property Site Plan Site Plan Elevations Elevations Landscape Plan Tree Conservation Plan Site Data Summary Gross/Net Acreage: 67,781 square feet 1.55 acres Number of Buildings: 4 General Office Buildings Square Footage: 14,153 square feet total - Bldg. A 5,013 sq. ft. - Bldg. B 3,772 sq. ft. - Bldg. C 2,370 sq. ft. - Bldg. D 2,998 sq. ft. Parking Required: 60 spaces Parking Provided: 58 spaces Open Space: 21,108 square feet (31%) Impervious Cover: 46,673 square feet (69%) Proposed S-P-1 Zoning Regulations This “S-P-1” Detailed Site Plan Zoning District shall follow the uses and regulations set forth in the “O-1” Office District, with the following exceptions: Building line setbacks shall be fifteen (15) feet with property adjacent for residential adjacency. The 4:1 slope restriction for residential adjacency shall be waived. Parking shall be eight (8) spaces for the first 1.000 square feet and one (1) car per 300 square feet after that minus 10%. All lots within this development as a whole will have a maximum of 69% impervious coverage. Each lot on its own will not be limited to a maximum of 65% impervious coverage. Minimum building size will not be less than 2,300 square feet. Minimum side yard setback shall not be less than ten (10) feet. Articulation shall be per elevations on plans. No bufferyards are required between interior lot lines. Item 4H ZA07-137 P&Z Action: April 17, 2008; Approved (6-0) subject to Revised Site Plan Review Summary No. 4, dated April 1, 2008 granting the requested variance to driveway stacking. Questions? Ken Baker (817) 748-8067 Richard Schell (817) 748-8602 Item 4I ZA08-016 Owner: Vincent Vetter Request: Approval of a Zoning Change and Concept Plan from “AG” Agricultural District to “SF-2” Single Family Residential District Zoning. Location: 2809 Ridgecrest Tracts 1C1G,H, Joel Chivers Survey, Abstract No. 350 Looking east toward property Looking north toward property Looking west toward property Looking south toward property N Concept Plan for 2809 Ridgecrest Drive New home will replace existing home with approximately the same footprint Tree Preservation Area Item 4I ZA08-016 P&Z Action: April 17, 2008; Approved (6-0) subject to staff report as presented. Questions? Ken Baker (817) 748-8067 Richard Schell (817) 748-8602 Item 4J ZA08-012 Owner: Gateway Church, Carroll ISD, Greenway-Berk Partners, Vision Southlake Development Applicant: Kimley-Horn & Associates Request: Approval of a revised preliminary plat to further subdivide Lot 1, Block 3 to create a 3.6 acre lot for park dedication Location: SH 114 between Carroll & Kimball Approved Preliminary Plat Revised Preliminary Plat Item 4J ZA08-012 P&Z Action: April 17, 2008; Approved (6-0) subject to Plat Review Summary No. 2, dated April 11, 2008, as presented. Questions? Ken Baker (817) 748-8067 Richard Schell (817) 748-8602 Item 4K ZA08-014 Owner/ Applicant: Carroll Ave./Dove Rd. Dvlp. Request: Approval of a Preliminary Plat for Winfield Estates. Current Zoning is R-PUD. Location: 1107 & 1155 E. Dove St. and 2210 N. Carroll Ave. E. Dove St. N. Carroll Ave APPROVED DEVELOPMENT PLAN (ZA07-063) November 20, 2007 PRELIMINARY PLAT TREE CONSERVATION PLAN Public Works PRELIMINARY WATER & SEWER PRELIMINARY GRADING PRELIMINARY DRAINAGE PLAN Questions? Ken Baker – (817)748-8067 Clayton Comstock – (817)748-8269 Item 4L ZA08-015 Owner: Robert L. Stevenson Applicant: Civil Solutions Inc Request: Approval of a 4-Lot Plat Showing for the development of Southlake Villa Offices. Location: 310 E. Southlake Blvd. E. Southlake Blvd Diamond Circle Estates APPROVED SITE PLAN (ZA07-129) March 18, 2008 PLAT Questions? Item 4M ZA08-023 Owner: Netvet Group, LLC., Eye Consultants Properties, HWY 114 Prospect, LTD. Applicant: Pate Engineers, Inc. Request: Approval of a four (4) lot plat showing on approximately 1.018 acres for retail development. Location: 2300 E. SH 114 PLAT SHOWING TREE SURVEY SITE PLAN APPROVED DEC. 2006 Item 4M ZA08-023 P&Z Action: April 17, 2008; Approved on Consent (6-0) Questions? Item 4N - Resolution No. 08-014, Adopt a Resolution to Support CP80 and Federal Adoption of the Internet Community Ports Act Wade Goolsby Item 4N - Resolution No. 08-014 Students and Parents Against Risks to our Kids (SPARK) was created to address the various risks that face the children of our community. One of the first issues that came before the SPARK (Students and Parents Against Risks to our Kids) Committee was the risks that pornography through the internet poses to families and children. Item 4N - Resolution No. 08-014 The internet has developed without any effective means of controlling adult material and pornography. We have legislation to protect our children from alcohol, firearms, tobacco products, adult television and adult material in stores and businesses. Item 4N - Resolution No. 08-014 There is currently no legislation that protects children and families from pornography on the internet. Filtering products and login definitions have been unsuccessful in protecting children from pornography. All internet information comes through one port (identified as http: and known as Port 80). Item 4N - Resolution No. 08-014 A Foundation known as the CP80 Foundation has proposed federal legislation that would create a second port and enable families to choose whether their internet service contains adult material. Resolution 08-014 expresses our support for legislation that would allow families and businesses the option of receiving the internet without adult material. Questions? Wade Goolsby 817-748-8347