2008-05-06
U CITY OF
SOUTH LAKE
TEXAS
REGULAR 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 Planning and Zoning 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 and 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. Road Repair Agreement
4. Special reception for Mayor Pro Tern Carolyn Morris
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 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 Simmons Addition
sewer services.
City of Southlake values:
Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork
City of Southlake
City Council meeting agenda
May 6, 2008
Page 2 of 8
b. Seek advice of the city attorney regarding TIRZ
reimbursement.
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. 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 for Building Safety Week
B. City Manager's Report
C. School District'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 the minutes from the April 15, 2008, regular City Council meeting
and the April 23, 2008, special City Council meeting.
B. This item was intentionally left blank.
C. This item was intentionally left blank.
D. 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.
E. Award of bid to XTG, Inc. in the amount of $104,533.95 for audio visual
system upgrade for the City Council Chambers.
F. Approve a letter agreement with Republic Waste Services of Texas, Ltd.,
amending the contract for residential and commercial refuse collection
dated March 22, 2007.
City of Southlake values:
Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork
City of Southlake
City Council meeting agenda
May 6, 2008
Page 3 of 8
G. Approve a revised residential developer agreement with Woodbury
Development, LLC, for Woodbury Addition, a 9-lot subdivision located on
the north side of West Continental Boulevard east of Davis Boulevard.
H. Ordinance No. 480-556, 1St Reading, (ZA07-137), Zoning Change and Site
Plan for Bosworth Offices located at 1900 East State Highway 114.
Current Zoning: B-1 Business District. Proposed Zoning: S-P-1 - Detailed
Site Plan District. SPIN Neighborhood #6. (If approved at first reading, the
public hearing will be held May 20, 2008.)
I. Ordinance No. 480-557, 1St Reading, (ZA08-016), Zoning Change and
Concept Plan for 2809 Ridgecrest Drive. Current Zoning: AG - Agricultural
District. Proposed Zoning: SF-2 - Single Family Residential District. SPIN
Neighborhood #15. (If approved at first reading, the public hearing will be
held May 20, 2008.)
J. ZA08-012, Revised Preliminary Plat for Gateway Church located along
State Highway 114, between North Carroll Avenue and North Kimball
Avenue. Current Zoning: NR-PUD - Non-Residential Planned Unit
Development District. SPIN Neighborhood #6.
K. ZA08-014, Preliminary Plat for Winfield Estates located at 1107 and 1155
East Dove Street and 2210 North Carroll Avenue. Current Zoning: R-PUD
- Residential Planned Unit Development District. SPIN Neighborhood #5.
L. ZA08-015, Plat Showing for Lots 3-6, W.W. Hall No. 687 Addition on
property being legally described as Tract 3, W.W. Hall Survey, Abstract
No. 687 and located at 310 East Southlake Boulevard. Current Zoning: S-
P-1 - Detailed Site Plan District. SPIN Neighborhood #13.
M. ZA08-023, Plat Showing for Lots 1-4, T. Easter No. 458 Addition on
property being legally described as Tracts 2E2, 2E5, 2E5C, 2E6, 2E96,
and 2E14, Thomas Easter Survey, Abstract No. 458, and located at 2300
East State Highway 114. Current Zoning: S-P-1 - Detailed Site Plan
District. SPIN Neighborhood #6.
N. Resolution No. 08-014, Adopt a resolution to support CP80 and Federal
adoption of the Internet Community Ports Act.
0. 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 #7. THIS ITEM HAS BEEN WITHDRAWN BY THE
APPLICANT.
City of Southlake values:
Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork
City of Southlake
City Council meeting agenda
May 6, 2008
Page 4 of 8
P. 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. THIS ITEM HAS BEEN
WITHDRAWN BY THE APPLICANT.
Q. ZA07-163, Plat Showing 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. SPIN #3. THIS ITEM HAS BEEN WITHDRAWN BY THE
APPLICANT.
R. 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.
S. 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.
T. 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.
6. Ordinances, second readings, public hearings, and related items:
A. 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
B. Ordinance No. 480-SSS, 2nd Reading, Amendment to the Comprehensive
Zoning Ordinance No. 480, as amended, as it pertains to development
City of Southlake values:
Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork
City of Southlake
City Council meeting agenda
May 6, 2008
Page 5 of 8
regulations on properties within the City of Southlake which are not
currently regulated by the City's Corridor Overlay Zone or Residential
Adjacency Standards. PUBLIC HEARING
C. 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. PUBLIC HEARING
D. 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. PUBLIC HEARING
7. Ordinances, first readings, and related items:
A. Ordinance No. 480-559, 1St Reading (ZA08-017), Zoning Change and
Development Plan for Statham/George Addition on property legally
described as Tracts 7 and 7A, RD Price Survey, Abstract No. 1207 and
Tract 2F2, J. Childress Survey, Abstract No. 254; and located at 2980
Burney Lane. Current Zoning: SF-1A - Single Family Residential District.
Requested Zoning: R-PUD - Residential Planned Unit Development
District. SPIN Neighborhood #3. (If approved at first reading, the public
hearing will be held May 20, 2008.)
B. Ordinance No. 480-560, 1St Reading (ZA08-018), Zoning Change and
Development Plan for Housmans/Harbor Oaks Addition on property legally
described as Lot 10, Block 2, Harbor Oaks and located at 2970 Burney
Lane. Current Zoning: SF-1A - Single Family Residential District.
Requested Zoning: R-PUD - Residential Planned Unit Development
District. SPIN Neighborhood #3. (If approved at first reading, the public
hearing will be held May 20, 2008.)
C. Ordinance No. 480-555, 1St Reading (ZA07-058), Zoning Change and
Development Plan for East Haven Addition on property being legally
described as Lots 7R, 8R, 20R, and 21R, East Haven Addition and tracts
1A, 2A, 2A2, 2A3, and 2131, Hollingsworth and Barnett Survey, Abstract
No. 787 and located along Haven Circle (formerly known as East and
West Perry Circle) and along the south side of the 900 block of East
Continental Boulevard. Current Zoning: 11 - Light Industrial District and
AG - Agricultural District. Requested Zoning: R-PUD - Residential
City of Southlake values:
Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork
City of Southlake
City Council meeting agenda
May 6, 2008
Page 6 of 8
Planned Unit Development District. SPIN Neighborhood #9e. (If approved
at first reading, the public hearing will be held May 20, 2008.)
D. Ordinance No. 480-558, 1St Reading (ZA07-146), Zoning Change and
Concept Plan for Harris Methodist Southlake on property being legally
described as Lot 1, Block 1, Gorbutt Addition and located at 1545 East
Southlake Boulevard. Current Zoning: S-P-2 - Generalized Site Plan
District. Requested Zoning: S-P-2 - Generalized Site Plan District. SPIN
Neighborhood #8. (If approved at first reading, the public hearing will be
held May 20, 2008.)
8. Resolutions: (There are no items on this agenda.)
9. Other items for consideration: (There are no items on this agenda.)
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, May 2, 2008, by 6:00 p.m.,
pursuant to the Texas Government q
Qdp„~Chapter 551.
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Lori Payne, TRM CD c
City Secretary `
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If you plan to attend this pub&i ,mAt4~►``'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
May 6, 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 vs. City of Southlake. September 2006.
3. TBC Construction, Inc., and TBC First Realty, Inc. vs. City of Southlake, Barson
Utilities, Inc., aka Barson Utilities. December 2006.
4. June G. Thrash vs. City of Southlake, et al. January 2008.
5. Michael Kenny vs. City of Southlake. April 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
May 6, 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 emerciency 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