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2008-06-17 CITY OF SOUTHLAKE TEXAS REGULAR CITY COUNCIL MEETING: JUNE 17.2008 LOCATION: 1400 Main Street, Southlake, Texas Council Chambers in Town Hall WORK SESSION: 5:00 P.M. 1. Call to order. 2. Invocation: Scott Berry, Chaplain of the Month 3. Introduction of new Community Services Construction Manager, Peter Kao 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 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 attorney a. Seek advice of the city attorney regarding TIRZ reimbursement. b. Seek advice of the city attorney regarding alignment of Kirkwood Boulevard extension. C. Teresa Dreyer vs. City of Southlake. 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 City of Southlake values: Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork City of Southlake City Council meeting agenda June 17, 2008 Page 2 of 6 1. Stars and Stripes Event 2. Recognition of Bob Jones Nature Center Photo Contest winners 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 June 3, 2008, regular City Council meeting. B. Approve a lease agreement for grazing on approximately 4.5 acres of undeveloped City park property. C. Approve annual renewal agreement with Premier Chemicals, L.L.C., to provide odor control treatment at lift stations. D. Approve a residential developer agreement with Bosworth Farms II, L.P. for East Haven Addition, a 7-lot (6 residential, 1 public park) subdivision located on the south side of East Continental Boulevard, west of South Carroll Avenue. E. Ordinance No. 480-563, 1St Reading (ZA08-037), Zoning Change and Concept Plan for Lot 28, F. Throop No. 1511 Addition on property located at 1780 North Kimball Avenue on property being legally described as Tract 1D, Francis Throop Survey, Abstract No. 1511. Current Zoning: AG Agricultural District. Requested Zoning: SF-30 Single Family Residential District. SPIN Neighborhood #5. (If approved at first reading, the public hearing will be held July 1, 2008.) F. Consider SP08-133, Variance to Sign Ordinance No. 704-C for Southlake Church, located at 2501 West Southlake Boulevard. G. Consider SP08-122, Variance to Sign Ordinance No. 704-C for Adams Engineering, located at 910 South Kimball Avenue in the Champion Crossing development. H. Ordinance No. 480-562, 1St Reading (ZA07-148), Zoning Change and Site Plan for Onsom Medical Offices on property legally described as Tracts 4C1A and 4C2B, Les Ex, A.H. Chivers Survey, Abstract No. 299; and located at 630 East State Highway 114. Current Zoning: AG Agricultural City of Southlake values: Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork City of Southlake City Council meeting agenda June 17, 2008 Page 3 of 6 District. Requested Zoning: S-P-1 Detailed Site Plan District. SPIN Neighborhood #5. THE APPLICANT HAS REQUESTED TO TABLE THIS ITEM TO THE JULY 1, 2008, REGULAR CITY COUNCIL MEETING. REGULAR AGENDA: 5. Public Forum. (The Public Forum will not begin prior to 7:00 p.m.) A. Ken Walbridge to speak on Texas Property Tax Code 33.06. 6. Ordinances, second readings, public hearings, and related items: A. Ordinance No. 895-A, 2nd Reading, Approve an amendment to the City of Southlake Water Conservation Ordinance per contractual obligation with the City of Fort Worth. PUBLIC HEARING B. Ordinance No. 480-555, 2nd Reading (ZA07-058), Zoning Change and Development Plan for East Haven Addition on property being legally described as Lots 7R, 8R, 20R, and 21 R, East Haven Addition and Tracts 1A, 2A, 2A2, 2A3, and 2B1, 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 Planned Unit Development District. SPIN Neighborhood #9e. PUBLIC HEARING C. Resolution No. 08-023 (ZA08-024), Specific Use Permit for Fireplug Inn - Kennel, on property legally described as Lot 3R11, Green Meadow Subdivision and located at 2251 East Continental Boulevard. Current Zoning: 1-1 Light Industrial District. SPIN Neighborhood #7. PUBLIC HEARING D. ZA08-025, Plat Revision for Lots 3R11 R1 and 3R11 R2, Green Meadow Subdivision being a revision of Lot 3R11, Green Meadow Subdivision located at 2251 East Continental Boulevard. Current Zoning: 1-1 Light Industrial District. SPIN Neighborhood V. 7. Ordinances, first readings, and related items: (There are no items on this agenda.) 8. Resolutions: A. Resolution No. 08-024, Authorize the city attorney to bring condemnation action for the purpose of obtaining a permanent utility easement and two temporary construction easements for the purpose of construction and City of Southlake values: Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork City of Southlake City Council meeting agenda June 17, 2008 Page 4 of 6 maintenance of sewer lines on Lot 20, Block A, Quail Creek Estates Addition, an addition to the City of Southlake, Tarrant County, Texas located at 905 Quail Creek Court. B. Resolution No. 08-025, Authorize the city attorney to bring condemnation action for the purpose of obtaining a right of way for the purpose of construction and maintenance of water lines, trails, and roadway appurtenances on land located in the John Childress Heirs Survey, Abstract No. 253, Tarrant County, Texas and being further described in a deed dated March 20, 1978, recorded in Volume 6455, Page 788, Deed Records of Tarrant County, Texas located at 1395 Randol Mill Avenue. 9. Other items for consideration: A. Consider SP06-362A, Variance to Sign Ordinance No. 704-C for Bicentennial Retail Plaza, located at the northeast corner of Bicentennial Drive and West Southlake Boulevard. B. Approve a commercial developer's agreement with Gateway Church for phase I construction of East Kirkwood Boulevard, Grace Lane, Blessed Way and associated utility and drainage improvements located north of State Highway 114 between North Kimball Avenue and North Carroll Avenue. C. Approve a concert and soccer match at Dragon Stadium sponsored by Radio AYO KFJZ 870 AM. 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, June 13, 2008, by 6:00 p.m., pursu nt to th Texas Government Code, Chapter 551. ,e`µnn►rrrrrr, Lori Payne, TRK/ft °~•c~ City Secretary ' If you plan to attend this pubfk'•rneetin_ombnqf have a disability that requires special needs, please advise the City 3~,cretat*y' O,0ce 48 hours in advance at 817-748-8016 and reasonable accommodations riiGftlrb~ernt~de to assist you. City of Southlake values: Integrity* Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork City of Southlake City Council meeting agenda June 17, 2008 Page 5 of 6 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 propert y 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 June 17, 2008 Page 6 of 6 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