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2008-02-05 CITY OF SOUTH LAKE TEXAS REGULAR CITY COUNCIL MEETING: FEBRUARY 5, 2008 LOCATION: 1400 Main Street, Southlake, Texas Council Chambers in Town Hall WORK SESSION: 5:00 P.M. 1. Call to order. 2. Invocation: Linda Pallone, Chaplain of the Month 3. 12ACTion Awards Recognition FY07Q4, FY08Q1 4. Discuss Ordinance No. 480-SSS, an amendment to the Comprehensive Zoning Ordinance No. 480, as amended, as it pertains to development regulations on properties within the City of Southlake which are not currently regulated by the City's Corridor Overlay Zone or Residential Adjacency Standards. 5. Review consultant's recommendations for Council Chambers sound systems and video systems. 6. 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 attorney a. Seek advice of the city attorney regarding regulations for oil and gas drilling. 2. 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 February 5, 2008 Page 2 of 8 3. REPORTS: A. Mayor's Report B. City Manager's 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 minutes from the January 15, 2008, regular City Council meeting and the January 24, 2008, strategy session with City Council. B. Approve a revised water purchase contract between the cities of Southlake, Fort Worth and Keller. C. Approve an amendment to the inter-local agreement between Tarrant County, Denton County, City of Keller, Town of Westlake and City of Southlake to include funding for additional engineering and subsurface utility engineering services for the F.M. 1938 roadway project. D. Approve amendment no. 1 to the professional services agreement with Graham and Associates, Inc. for engineering for the construction documents and right-of-way documents for F.M. 1938, Precinct Line Road from State Highway 114 to West Southlake Boulevard. E. Authorize amendment no. 3 to the professional services agreement with Lee Engineering, Inc. to provide engineering services for design of three roundabout intersections: Continental Boulevard at White Chapel Boulevard, Dove Road at White Chapel Boulevard, and Dove Road at Carroll Avenue. F. Award of bid for the Bob Jones Park parking lot overlay to Peachtree Construction, Ltd., in an amount not to exceed $160,295. G. Authorize the purchase of vehicles from Philpott Motors, through the Houston-Galveston Area Council of Governments in the amount of $187,756.36. H. Resolution No. 08-008, Establish an Audit Committee for the purpose of overseeing the annual financial audit process and appointing members. City of Southlake values: Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork City of Southlake City Council meeting agenda February 5, 2008 Page 3 of 8 1. Ordinance No. 926, 1St Reading, Approve a settlement agreement between the Atmos cities steering committee and Atmos Energy Corporation, Mid-Tex Division. (If approved at first reading, the public hearing will be held February 19, 2008.) J. Variance to the Subdivision Ordinance No. 483, as amended, regarding plat expiration, requesting to extend the validity of Case ZA06-138, Final Plat for Lot 1, Block 22, Southlake Town Square (Summit Park). K. Ordinance No. 927, 1St Reading, Street name change for East Haven Addition, changing East Perry Circle and West Perry Circle to Haven Circle. (If approved at first reading, the public hearing will be held February 19, 2008.) L. Ordinance No. 480-551, 1St Reading (ZA07-170), Zoning Change and Concept Plan for Davis residence on property being legally described as Lot A, Block 1, Old Orchard Country Estates, located at 1900 Shady Oaks Dr. Current Zoning: SF-1A Single Family Residential District. Requested Zoning: SF-2 Single Family Residential District. SPIN Neighborhood #11. (If approved at first reading, the public hearing will be held on February 19, 2008.) M. Consider SP07-181A, Variance to Sign Ordinance No. 704-C for Edwin Watts Golf, located at 2801 East State Highway 114. N. 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, 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 TO THE FEBRUARY 19, 2008, CITY COUNCIL MEETING. 0. Ordinance No. 480-536, 2nd Reading (ZA07-139), Zoning Change and Site Plan for Lots 1 R1, 1 R2, 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 TO THE FEBRUARY 19, 2008, CITY COUNCIL MEETING. P. ZA07-111, Plat Revision for Lots 1 R1, 1 R2, 2R1, 2R2, and 2R3, Block 3, Cornerstone Business Park being a replat of property currently described as Lots 1 and 2R, Block 3, Cornerstone Business Park Addition and being City of Southlake values: Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork City of Southlake City Council meeting agenda February 5, 2008 Page 4 of 8 located at 500 Silicon Drive and 510 Silicon Drive. Current Zoning: 0-1 Office District. Proposed Zoning: S-P-1 Detailed Site Plan District. SPIN Neighborhood #7. THE APPLICANT HAS REQUESTED TO TABLE THIS ITEM TO THE FEBRUARY 19, 2008, CITY COUNCIL MEETING. Q. 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 TO THE MARCH 4, 2008, CITY COUNCIL MEETING. R. 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, located at 310 East Southlake Boulevard. Current Zoning: AG Agricultural District. Requested Zoning: S- P-1 Detailed Site Plan District. SPIN Neighborhood #10. THE APPLICANT HAS REQUESTED TO TABLE THIS ITEM TO THE FEBRUARY 19, 2008, CITY COUNCIL MEETING. S. Ordinance No. 480-544, 2nd 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. THE APPLICANT HAS REQUESTED TO TABLE THIS ITEM TO THE FEBRUARY 19, 2008, CITY COUNCIL MEETING. T. ZA07-088, Preliminary Plat for Mendez L.T.D. 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. Proposed Zoning: S-P-1 Detailed Site Plan District and AG Agricultural District. SPIN Neighborhood #10. THE APPLICANT HAS REQUESTED TO TABLE THIS ITEM TO THE FEBRUARY 19, 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. Resolution No. 08-004, Urban Design Plan, an element of the Southlake 2025 Plan, the City's Comprehensive Master Plan. PUBLIC HEARING City of Southlake values: Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork City of Southlake City Council meeting agenda February 5, 2008 Page 5 of 8 B. Ordinance No. 480-546, 2nd 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. PUBLIC HEARING C. Ordinance No. 480-547, 2nd 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 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. PUBLIC HEARING D. Ordinance No. 480-548, 2nd 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-1 Detailed Site Plan District. SPIN Neighborhood #15. PUBLIC HEARING E. Resolution No. 08-007 (ZA07-173 and ZA07-174), Specific Use Permit for Tent Sale and Automobile Sales, for the purpose of holding an auction for the sale of collectibles and automobiles for a time period not to exceed 3 days, on property being legally described as Lot 2, Block B, and Lots 6 and 7, Block A, North Davis Business Park and being located at 1900, 1950, and 2055 Greenwood Drive. Current Zoning: 1-1 Light Industrial District. SPIN Neighborhood #16. PUBLIC HEARING 7. Ordinances, first readings, and related items: A. Ordinance No. 480-549, 1St Reading (ZA07-124), Zoning Change and Site Plan for Invitation Park on property being legally described as Tracts 3B and 3B1, and a portion of Tract 3D1, O.W. Knight Survey, Abstract No. 899, located at 821 and 835 East Southlake Boulevard. Current Zoning: C-3 General Commercial District and AG Agricultural District. Requested Zoning: S-P-1 Detailed Site Plan District. SPIN Neighborhood #9e. (If approved at first reading, the public hearing will be held on February 19, 2008.) B. Ordinance No. 480-550, 1St Reading (ZA07-133), Zoning Change and Development Plan for Lake Forest on property being legally described as Tract 5, R.D. Price Survey, Abstract No. 1207, located at 3185 Southlake Park Drive. Current Zoning: AG Agricultural District. Requested Zoning: R- PUD Residential Planned Unit Development District. SPIN Neighborhood City of Southlake values: Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork City'of Southlake City Council meeting agenda February 5, 2008 Page 6 of 8 #3. (If approved at first reading, the public hearing will be held on February 19, 2008. ) 8. Resolutions: (There are no items on this agenda.) 9. Other items for consideration: A. Authorize a Residential Developer Agreement with Terra Shady Oaks, L.P. for Shady Oaks Phase IA, a 36-lot addition, located on the west side of Shady Oaks, between West Highland Street and West Southlake Boulevard. 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, February 1, 2008, by 6:00 p.m., pursuant to the Texas Government Code, Chapter 551. w . e • ~ p •m~ Lori Payne, TRMC v o ? - • City Secretary If you plan to attend t; iJ1,4 ico, ► eting 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 February 5, 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. 5. June G. Thrash v. City of Southlake, et al. January 2008. 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 February 5, 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