Loading...
2008-03-04v- t CITY or SOUTHLAK.E TEXAS REGULAR CITY COUNCIL MEETING: MARCH 4, 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. Presentation regarding the status of the impact fee ordinance update. 4. Discuss minor revisions to the comprehensive zoning ordinance and the sign ordinance. 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 551.087: 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 Representative Tan Parker 2. Proclamation for Meals on Wheels B. City Manager's Report C. Library Board Report City of Southlake values: Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork City f Southl ty k ae City Council meeting agenda March 4, 2008 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 minutes from the February 19, 2008, regular City Council meeting. B. This item was intentionally left blank. C. Award construction contract to Jackson Construction, Ltd., in the amount of $891,157.70 for paving, drainage, and utility improvements to Shumaker Lane and Sunshine Lane and provide for construction phase contingencies. D. Authorize an agreement with Marcel Bosworth for relocation of the Continental Storage Building. E. Approve the designation of Town Square as the priority location for the placement of public art for fiscal year 2008. F. Consider an order setting a public hearing for April 15, 2008 to discuss and review proposed updates to Land Use Assumptions, Capital Improvement Plans and Impact Fees for water, wastewater and roadway improvements. G. This item was intentionally left blank. H. Authorize a professional services agreement with Weaver and Tidwell, L.L.P., for audit services. I. 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 APRIL 1, 2008, CITY COUNCIL MEETING. J. Ordinance No. 480 -536, 2 nd 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 City of Southlake values: Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork �m City of Southlake City Council meeting agenda March 4, 2008 Page 3 of 8 V. THE APPLICANT HAS REQUESTED TO TABLE THIS ITEM TO THE APRIL 1, 2008, CITY COUNCIL MEETING. K. 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 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 V. THE APPLICANT HAS REQUESTED TO TABLE THIS ITEM TO THE APRIL 1, 2008, CITY COUNCIL MEETING. L. Ordinance No. 480 -550, 2 nd 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 #3. THE APPLICANT HAS REQUESTED TO TABLE THIS ITEM TO THE APRIL 1, 2008, CITY COUNCIL MEETING. M. ZA07 -134, Preliminary Plat for Lots 1 - 8, Block 1, Lake Forest Addition on property being legally described as Tract 5, R.D. Price Survey, Abstract No. 1207 and located at 3185 Southlake Park Drive. Current Zoning: AG Agricultural District. Proposed Zoning: R -PUD Residential Planned Unit Development District. SPIN Neighborhood #3. THE APPLICANT HAS REQUESTED TO TABLE THIS ITEM TO THE APRIL 1, 2008, CITY COUNCIL MEETING. N. ZA07 -123, Revised Site Plan for Chick -fil -A on property being legally described as Lot 4, Block 1, Perry/Allen Addition and located at 2301 East Southlake Boulevard. Current Zoning: C3 General Commercial District. SPIN Neighborhood V. THE APPLICANT HAS REQUESTED TO TABLE THIS ITEM TO THE APRIL 1, 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. 928, 2 nd Reading, Adopt an ordinance to add Article VII "Curfew Hours for Minors" to Chapter 15, "Public Safety" of the Southlake Code of Ordinances. PUBLIC HEARING B. Ordinance No. 929, 2 nd Reading, Adopt an ordinance to amend Chapter 58, of the Southlake Code of Ordinances, making it unlawful for certain City of Southlake values: Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork H. Ordinance No. 935, 2 Reading, Adopt the 2006 International Fuel Gas Code. PUBLIC HEARING I. Ordinance No. 936, 2 Reading, Adopt the 2006 International Mechanical Code. PUBLIC HEARING J. Ordinance No. 937, 2nd Reading, Adopt the 2006 International Residential Code. PUBLIC HEARING K. 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. ® PUBLIC HEARING L. 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. M. ZA07 -157, Site Plan for Southlake Wellness Center on property being legally described as Lot 18, O.W. Knight No. 899 Addition and located at 415 East Southlake Boulevard. Current Zoning: S -P -2 Generalized Site Plan District. SPIN Neighborhood # 9W. PUBLIC HEARING City of Southlake values: Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork City f Southlake e City Council meeting agenda March 4, 2008 Page 4 of 8 sex offenders to reside within 2,000 feet of premises where children gather. PUBLIC HEARING C. Ordinance No. 930, 2 Reading, Adopt the 2006 International Building Code. PUBLIC HEARING D. Ordinance No. 931, 2 Reading, Adopt the 2006 International Fire Code. PUBLIC HEARING E. Ordinance No. 932, 2nd Reading, Adopt the 2006 International Energy Conservation Code. PUBLIC HEARING F. Ordinance No. 933, 2 Reading, Adopt the 2006 ICC Electrical Code, Administrative Provisions. PUBLIC HEARING G. Ordinance No. 934, 2nd Reading, Adopt the 2006 International Plumbing Code. PUBLIC HEARING H. Ordinance No. 935, 2 Reading, Adopt the 2006 International Fuel Gas Code. PUBLIC HEARING I. Ordinance No. 936, 2 Reading, Adopt the 2006 International Mechanical Code. PUBLIC HEARING J. Ordinance No. 937, 2nd Reading, Adopt the 2006 International Residential Code. PUBLIC HEARING K. 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. ® PUBLIC HEARING L. 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. M. ZA07 -157, Site Plan for Southlake Wellness Center on property being legally described as Lot 18, O.W. Knight No. 899 Addition and located at 415 East Southlake Boulevard. Current Zoning: S -P -2 Generalized Site Plan District. SPIN Neighborhood # 9W. PUBLIC HEARING City of Southlake values: Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork City of Southlake City Council meeting agenda March 4, 2008 Page 5 of 8 N. Resolution No. 08 -012, (ZA08 -010) Specific Use Permit for carports for non - residential property on property being legally described as Lot 18, O.W. Knight No. 899 Addition and located at 415 East Southlake Boulevard. Current Zoning: S -P -2 Generalized Site Plan District. SPIN Neighborhood #9W. PUBLIC HEARING 7. Ordinances, first readings, and related items: A. Ordinance No. 480 -542, 1 St 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. (If approved at first reading, the public hearing will be held March 18, 2008.) 8. Resolutions: (There are no items on this agenda.) 9. Other items for consideration: A. Consider SP07 -073A, Variance to Sign Ordinance No. 704 -C for a development sign for Southlake Town Square located at the northeast AW corner of North Carroll Avenue and East Southlake Boulevard. City of Southlake values: Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork B. Ordinance No. 480 -552, 1 St Reading (ZA07 -162), Zoning Change and Concept Plan for Lots 9 -12, J. Childress No. 254 Addition on property being legally described as Tract 3D2, John Heirs Childress Survey, Abstract No. 254 and located at 3010 Lake Drive. Current Zoning: AG Agricultural District. Requested Zoning: SF20B Single Family Residential 9 9 Y District. SPIN Neighborhood #3. (If approved at first reading, the public -* hearing will be held March 18, 2008.) C. Ordinance No. 480 -553, 1 St Reading (ZA08 -002), Zoning Change and Site Plan for Nolen Center on property being legally described as a portion of Tract 2A2A, Thomas Easter Survey, Abstract No. 474 and located at 2627 East Southlake Boulevard. Current Zoning: AG Agricultural District. Requested Zoning: S -P -1 Detailed Site Plan District. SPIN Neighborhood #7. (If approved at first reading, the public hearing will be held March 18, 2008.) D. Ordinance No. 480 -554, 1 St Reading (ZA08 -011), Zoning Change and Site Plan for Lot 4, Block A, Commerce Business Park, located at 375 Commerce Street. Current Zoning: 11 Light Industrial District. Requested Zoning: S -P -1 Detailed Site Plan District. SPIN Neighborhood #7. (If approved at first reading, the public hearing will be held March 18, 2008.) 8. Resolutions: (There are no items on this agenda.) 9. Other items for consideration: A. Consider SP07 -073A, Variance to Sign Ordinance No. 704 -C for a development sign for Southlake Town Square located at the northeast AW corner of North Carroll Avenue and East Southlake Boulevard. City of Southlake values: Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork City of Southlake City Council meeting agenda March 4, 2008 Page 6of8 B. Approve a revised Commercial Developer Agreement with Carroll /1709 Ltd. for Shops of Southlake, a 29.3 acre development at the southeast corner of East Southlake Boulevard and Carroll Avenue. 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 29, 2008, by 6:00 p.m., pursuant to the Texas Government Code, Chapter 551. OL Y Pa Lori Payne, TRW, = i ; N ? Ell City Secretary If you plan to attend thiS'�,publi;i�qpffng and have a disability that requires special needs, please advise the Ci {jf ftiP9tary's Office 48 hours in advance at 817 -748 -8016 and reasonable accommodations will be made to assist you. L OOVW- City of Southlake values: Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork City of Southlake City Council meeting agenda March 4, 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. Ga ry 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. 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. fir✓ Section 551.073: Deliberation regarding prospective gift or donation The City Council may conduct a closed meeting to deliberate a negotiated contr9ct 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 Sou h ty t lake City Council meeting agenda March 4, 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. �r AOW*ll. $`+rr. City of Southlake values: Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork