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2008-04-01 CITY OF lug SOUTHLAK.E TEXAS REGULAR CITY COUNCIL MEETING: APRIL 1. 2008 LOCATION: 1400 Main Street, Southlake, Texas Council Chambers in Town Hall WORK SESSION: 5:00 P.M. 1. Call to order. 2. Invocation: Eric Hulet, Chaplain of the Month 3. Discuss the Southlake Trolley program. 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(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 TIRZ reimbursement. b. Seek advice of the city attorney regarding Simmons Addition sewer services. 2. 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. Proclamation for Child Abuse Prevention Month City of Southlake values: Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork City of Southlake City Council meeting agenda April 1, 2008 Page 2 of 7 B. City Manager's Report C. Parks and Recreation Board 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 March 18, 2008, regular City Council meeting. B. Approve a sanitary sewer easement encroachment agreement with SLTS Block 22, L.P. on Lots 3-4, Block 22, Southlake Town Square. C. Approve an agreement with CTL Thompson, LLC for materials testing in the amount of $53,338. D. Ordinance No. 915-A, 1St Reading, Amend Ordinance No. 915 amending Fiscal Year 2008 Annual Budget. (If approved on first reading, the public hearing will be held on April 15, 2008.) E. Approve an agreement with Tarrant County Elections Administration for election services for the May 10, 2008 General Election and the May 10, 2008 Special Election. F. Ordinance No. 480-550, 2nd 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 and 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 UNTIL THE MAY 6, 2008, REGULAR CITY COUNCIL MEETING. G. 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 UNTIL THE MAY 6, 2008, REGULAR CITY COUNCIL MEETING. 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 City of Southlake values: Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork City of Southlake City Council meeting agenda April 1, 2008 Page 3 of 7 District. SPIN Neighborhood #8. THE APPLICANT HAS WITHDRAWN THIS ITEM. 1. Ordinance No. 480-552, 1St 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 District. SPIN Neighborhood #3. THE APPLICANT HAS REQUESTED TO TABLE THIS ITEM UNTIL THE APRIL 15, 2008, REGULAR CITY COUNCIL MEETING. J. 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 UNTIL THE APRIL 15, 2008, REGULAR 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 #7. THE APPLICANT HAS REQUESTED TO TABLE THIS ITEM UNTIL THE APRIL 15, 2008, REGULAR CITY COUNCIL MEETING. L. 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 UNTIL THE APRIL 15, 2008, 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. Ordinance No. 480-553, 2nd Reading (ZA08-002), Zoning Change and Site Plan for Nolen Center on property being legally described as a portion of City of Southlake values: Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork City of Southlake City Council meeting agenda April 1, 2008 Page 4 of 7 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. PUBLIC HEARING B. ZA08-003, Preliminary Plat for Lots 1 and 2, Block 1, Nolen Center on property being legally described as Tract 2A2A, Thomas Easter Survey, Abstract No. 474 and located at 2627 East Southlake Boulevard. Current Zoning: AG Agricultural District. SPIN Neighborhood #7. C. Ordinance No. 483-M, 2nd Reading, Amending Section 7.05B of Article VII of the Southlake Subdivision Ordinance; providing an incentive to developers seeking to improve existing park facilities. PUBLIC HEARING 7. Ordinances, first readings, and related items: A. Ordinance No. 657-13, V t Reading, Consider an ordinance revising impact fees on new land development in the city of Southlake, Texas for water, wastewater and roadway facilities necessitated by such new development; adopting revised land use assumptions for the city; adopting revised Capital Improvement Plans for water, wastewater and roadway improvements; providing for the assessment, payment and time of payment of water, wastewater, and roadway impact fees; providing for review of water, wastewater and roadway impact fees and the fee schedules; providing for the placement of revenue collected from water, wastewater and roadway impact fees into water and wastewater impact fee accounts and roadway impact fee accounts established for that purpose; providing for offsets and credits, providing for refund of unexpended funds; providing for use of funds derived from water, wastewater and roadway impact fees providing that impact fees may be pledged toward payment of bond issues and similar debt instruments providing that this ordinance shall be cumulative of all ordinances; providing a severability clause; providing for publication in the official newspaper; and providing an effective date. (If approved on first reading, the public hearing will be held on April 15, 2008.) 8. Resolutions: (There are no items on this agenda.) 9. Other items for consideration: A. ZA08-008, Plat Showing for Lots 5 and 6, W.H. Martin No. 1068 Addition, being approximately 2.51 acres described as Tracts 2C, 2C05, and 2C06, W.H. Martin Survey, Abstract No. 1068, located at 1801, 1815, and 1829 Our Lane. Current Zoning: SF-1A Single Family Residential District. SPIN Neighborhood #12. City of Southlake values: Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork City of Southlake City Council meeting agenda April 1, 2008 Page 5of7 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, March 28, 2008, by 6:00 p.m., pursuant to the Texas Government Code, Chapter 551. Lori Payne, TRMC o City Secretary If you plan to attend this'•R/ubll&•r ejtlrr,4 and have a disability that requires special needs, please advise the City/5,g,t '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 April 1, 2008 Page 6 of 7 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. 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 April 1, 2008 Page 7 of 7 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