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2008-01-15 CITY OF SOUTH LADE TEXAS REGULAR CITY COUNCIL MEETING: JANUARY 15, 2008 LOCATION: 1400 Main Street, Southlake, Texas Council Chambers in Town Hall WORK SESSION: 4:45 P.M. (The work session portion of the meeting will begin on the front steps of Town Hall.) 1. Call to order. 2. Inaugurate the Southlake Trolley (Following this item, the work session will continue in the Council Chambers) 3. Invocation: David Whitington 4. Discuss Storm Water Management Plan 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 Citv 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 attornev a. Seek advice of the city attorney regarding flood plain management. b. Seek advice of the city attorney regarding contemplated eminent domain proceedings for Quail Run Neighborhood Sewer Project. 2. Section 551.072: Deliberation regarding real propert y a. Deliberate the purchase of the parking garages in Town Square. b. Deliberate the condemnation of property for park purposes. City of Southlake values: Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork City of Southlake City Council meeting agenda January 15, 2008 Page 2 of 8 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 1. Special presentation to Senator Kim Brimer B. City Manager's Report C. Parks and Recreation Board Report D. Financial 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 December 12, 2007, joint meeting of the City Council and the Planning and Zoning Commission and from the December 18, 2007, regular City Council meeting. B. Authorize a professional services agreement with Teague Nall and Perkins, Inc. to provide engineering services for design of drainage improvements on Dove Road from North Carroll Avenue to Dove Creek. C. Approve 2008 Community Services Agreement with ARTSNET. D. Approve 2008 Community Services Agreement with APEX Arts League. E. ZA06-030 and ZA06-185, Plat Extensions for Saddleback Ridge Estates. The property is located at 330 through 360 West Bob Jones Road. Current Zoning: SF-1A Single Family Residential District. SPIN Neighborhood #1. F. ZA07-156, Preliminary Plat for Lots 1 - 8, Block 1, Kimball Lakes Office Park on property legally described as Tract 3D, T. Mahan Survey, Abstract No. 1049 and located at 600 North Kimball Avenue. Current Zoning: S-P- 2 Generalized Site Plan District and AG Agricultural District. SPIN Neighborhood #6. G. Resolution No. 08-005, Approve and authorize publication of notice of intention to issue certificates of obligation for capital improvement projects. City of Southlake values: Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork City of Southlake City Council meeting agenda January 15, 2008 Page 3 of 8 H. ZA07-112, Site Plan for Lot 25R2, Block 1, Woodland Heights Addition on property located at 175 Westwood Drive. Current Zoning: 0-1 Office District. SPIN Neighborhood #8. THE APPLICANT HAS REQUESTED TO TABLE THIS ITEM UNTIL THE FEBRUARY 5, 2008, CITY COUNCIL MEETING. 1. Ordinance No. 480-536, 2nd Reading (ZA07-139), Zoning Change and Site Plan for Lots 1R1, 1R2, 2R1, 2R2, and 2R3, Block 3, Cornerstone Business Park Addition on property legally described as Lots 1 and 2R, Block 3, Cornerstone Business Park Addition and located at 500 Silicon Drive and 510 Silicon Drive. Current Zoning: 0-1 Office District. Requested Zoning: S-P-1 Detailed Site Plan District. SPIN Neighborhood #7. THE APPLICANT HAS REQUESTED TO TABLE THIS ITEM UNTIL THE FEBRUARY 5, 2008, CITY COUNCIL MEETING. J. Ordinance No. 480-545, 1St Reading (ZA07-145), Zoning Change and Site Plan for Panera Bread and Bakery Cafe on property being legally described as Lot 2, Block 1, Gumm Scifres and being located at 111 South Village Center Drive. Current Zoning: 0-1 Office District. Requested Zoning: S-P-1 Detailed Site Plan District. SPIN Neighborhood #8. THE APPLICANT HAS REQUESTED TO TABLE THIS ITEM UNTIL THE FEBRUARY 5, 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. Ordinance No. 923, 2nd Reading, Adopt Ordinance to amend Chapter 4 "Animals" of the Code of Ordinances by amending Article II "Control and Care" to reflect recent changes in State Law related to the control and care of animals. PUBLIC HEARING B. ZA07-114, Site Plan for Peloton Southlake Office Building, on property legally described as a portion of Tracts 1, 1A1, and 1E, Richard Eads Survey, Abstract No. 481 and located at 1200 Block of East State Highway 114 between North Carroll Avenue and North Kimball Avenue on proposed Grace Lane. Current Zoning: NR-PUD Non-Residential Planned Unit Development District. SPIN Neighborhood #6. PUBLIC HEARING C. Resolution No. 07-063, (ZA07-142) Specific Use Permit for multi-level parking garage on property legally described as a portion of Tracts 1, 1A1, and 1 E, Richard Eads Survey, Abstract No. 481 and also known as Lot 1, Block 4, Gateway Church - 114 Campus Addition and located on the City of Southlake values: Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork City of Southlake City Council meeting agenda January 15, 2008 Page 4 of 8 north side of State Highway 114 at 1200 East State Highway 114 between North Carroll Avenue and North Kimball Avenue. Current Zoning: NR-PUD Non-Residential Planned Unit Development District. SPIN Neighborhood #6. PUBLIC HEARING D. Ordinance No. 480-541, 2nd Reading (ZA07-152, formerly ZA06-045), Zoning Change and Concept Plan for a portion of Lot 1, Block 1, Arnold Estates and Lot 2132A, Block 1, Burnett Acres. The property is situated at 1275 Shady Oaks Drive. Current Zoning: RE Single Family Residential Estate District and SF-1A Single Family Residential District. Requested Zoning: SF-2 Single Family Residential District. SPIN Neighborhood #11. PUBLIC HEARING E. ZA06-046, Plat Revision for proposed Lot 2132AR, Block 1, Burnett Acres Addition; being a revision of a portion of Lot 1, Block 1, Arnold Estates Addition and Lot 2132A, Block 1, Burnett Acres Addition. The property is located at 520 West Highland Street and 1275 Shady Oaks Drive. Current Zoning: RE Single Family Residential Estate District and SF-1A Single Family Residential District. Proposed Zoning: SF-2 Single Family Residential District. SPIN Neighborhood #11. F. Resolution No. 08-001, (ZA07-154), Specific Use Permit for Kroger Tent Sale for Valentine's Floral Tent on property legally described as Lot 3, Block 1, Village Center Addition, located at 2110 East Southlake Boulevard. Current Zoning: C-3 General Commercial District. SPIN Neighborhood #8. PUBLIC HEARING G. Resolution No. 08-002, (ZA07-160), Specific Use Permit for the Art in the Square Mass Gathering Event held annually on property described as Southlake Town Square, Phase I, generally located at the northeast corner of North Carroll Avenue and East Southlake Boulevard. Current Zoning: DT Downtown District. SPIN Neighborhood #8. PUBLIC HEARING H. Resolution No. 08-003, (ZA07-161), Specific Use Permit for The Wine Loft on property legally described as Lot 2, Block 22, Southlake Town Square Addition, located north of East Southlake Boulevard between Central and Summit Avenues. Current Zoning: DT Downtown District. SPIN Neighborhood #8. PUBLIC HEARING 1. ZA07-164, Revised Site Plan for Bowen Building on property legally described as Lots 18 - 20, Block 1, Oaks Addition, located at 945 Casey Court and 1110 East State Highway 114. Current Zoning: S-P-1 Detailed Site Plan District. SPIN Neighborhood #6. PUBLIC HEARING City of Southlake values: Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork City of Southlake City Council meeting agenda January 15, 2008 Page 5 of 8 7. Ordinances, first readings, and related items: A. Ordinance No. 480-542, 1St Reading (ZA07-129), Zoning Change and Site Plan for Southlake Villa Offices on property legally described as Tract 3, W.W. Hall Survey, Abstract No. 687 and located at 310 East Southlake Boulevard. Current Zoning: AG Agricultural District. Requested Zoning: S- P-1 Detailed Site Plan District. SPIN Neighborhood #10. (If approved at first reading, the public hearing will be held February 5, 2008.) B. Ordinance No. 480-544, 1St Reading (ZA07-087), Zoning Change and Site Plan for Mendez Medical Offices on property legally described as Tract 3D3A, W.W. Hall Survey, Abstract No. 695 and located at 918 East Southlake Boulevard. Current Zoning: AG Agricultural District. Requested Zoning: S-P-1 Detailed Site Plan District. SPIN Neighborhood #10. (If approved at first reading, the public hearing will be held on February 5, 2008.) C. Ordinance No. 480-546, 1St Reading (ZA07-067) Zoning Change and Site Plan for Lot 2R, Block 1, Gorbutt Addition on property being legally described as Lot 2A, Block 1, Gorbutt Addition and being located at 1575 East Southlake Boulevard. Current Zoning: 0-1 Office District. Requested Zoning: S-P-1 Detailed Site Plan District. SPIN Neighborhood #8. (If approved at first reading, the public hearing will be held on February 5, 2008.) D. Ordinance No. 480-547, 1St Reading (ZA07-131), Zoning Change and Site Plan for Cantex Senior Communities on property legally described as Lots 4 and 5 and a portion of Lot 3, Block 1, Stonebridge Park Addition and located at 150, 170, and 175 Stonebridge Lane. Current Zoning: S-P-2 Generalized Site Plan District. Requested Zoning: S-P-1 Detailed Site Plan District. SPIN Neighborhood #15. (If approved at first reading, the public hearing will be held on February 5, 2008.) E. Ordinance No. 480-548, 1St Reading (ZA07-132), Zoning Change and Concept Plan for Stonebridge Park on property legally described as Lot 2 and a portion of Lot 3, Block 1, Stonebridge Park Addition, located at 155 and 175 Stonebridge Lane. Current Zoning: S-P-2 Generalized Site Plan District. Requested Zoning: S-P-2 Generalized Site Plan District. SPIN Neighborhood #15. (If approved at first reading, the public hearing will be held on February 5, 2008.) 8. Resolutions: (There are no items on this agenda.) 9. Other items for consideration: City of Southlake values: Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork City of Southlake City Council meeting agenda January 15, 2008 Page 6 of 8 A. Award construction contract to Wilson Contractor Services, LLC for 20" water line improvements across East Southlake Boulevard at Carroll Avenue and 12" water line improvements on East Dove Road at State Highway 114 and provide for construction phase contingencies. 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, January 11, 2008, by 6:00 p.m., pursuant to the Texas Government Code, Chapter 551. ' cqe®k,ac °e, , ~J /U,G~(J 4 • fle ~ j~ Tara A. Brooks Deputy City Secretary If you plan to attend this public ► ,8&-V" 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 January 15, 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 v. City of Southlake. September 2006. 3. TBC Construction, Inc., and TBC First Realty, Inc. v. City of Southlake, Barson Utilities, Inc., aka Barson Utilities. December 2006. 4. Vernell Pippin et. al. v. City of Southlake. December 2007. 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 January 15, 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