2008-12-16CITY OF
SOUTHLAKE
TEXAS
REGULAR CITY COUNCIL MEETING: DECEMBER 16. 2008
LOCATION: 1400 Main Street, Southlake, Texas 76092
Council Chambers in Town Hall
WORK SESSION: 5:00 P.M.
1. Call to order.
2. Invocation: David Whitington, Chaplain of the Month
3. 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 on city-initiated rezonings.
2. Section 551.074: Deliberation regarding personnel matters
a. Deliberate the appointment, employment, evaluation,
reassignment, duties, discipline, or dismissal of the City
Manager and the City Secretary.
b. Deliberate the appointment of an alternate municipal judge.
3. 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
December 16, 2008
Page 2 of 8
3. REPORTS:
A. Mayor's Report
1. Update of upcoming meetings and events
B. City Manager's Report
1. Ordinance and project priority schedule
2. 2009 submittal schedule
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 December 2, 2008 regular City Council
meeting.
B. Resolution No. 08-064, Appoint four members to serve on the Board of
Directors of the Tax Increment Reinvestment Zone Number One, City of
Southlake, Texas.
C. Resolution No. 08-062, Appoint a Chairperson of the Board of Directors of
Tax Increment Reinvestment Zone Number One for the 2009 calendar
year.
D. Approve the 2009 Community Service Agreement with Apex Arts League.
E. Approve the 2009 Community Service Agreement with ARTSNET.
F. Approve the 2009 Community Service Agreement with Metroport Meals
On Wheels.
G. This item was intentionally left blank.
H. Approve a renewal contract with American Landscape Systems for
landscape maintenance for Town Square and Grand Avenue public areas,
McPherson, Summit and Central Parks in the amount of $73,050.
1. Approve a renewal contract with TruGreen LandCare for landscape of city
facilities and rights-of-ways in the amount of $90,964.
J. Approve a renewal contract with Crowley Sports Officials for sports
officiating and scorekeeping services in the amount of $100,130.
City of Southlake values:
Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork
City of Southlake
City Council meeting agenda
December 16, 2008
Page 3 of 8
K. Approve Change Order No. 1 for the construction contract with JLB
Contracting in the amount of $88,961.56 for paving, drainage, and utility
improvements to Shumaker Lane and Sunshine Lane.
L. Approve a right-of-way encroachment agreement with Peggy A. Young
adjacent to a 1.68 acre tract in the George W. Main Survey, Abstract No.
1098 located at 165 South Kimball Avenue.
M. Approve a contract with Jacobs, Carter and Burgess for the engineering
design of sidewalks along F.M. 1709 (Southlake Boulevard) in the amount
not to exceed $138,000.
N. ZA08-108, Plat Revision for Lot 2R1, Block A, Ravenaux Village
(Countryside Bible Church) being a revision of property currently
described as Lot 2R, Block A, Ravenaux Village and being located at 250
Countryside Court. Current Zoning: S-P-1 Detailed Site Plan District. SPIN
Neighborhood #11.
0. Ordinance 480-312a, 1St Reading (ZA08-100), Zoning Change and Site
Plan for Southlake Boulevard Presbyterian Church on property being
described as Lots 3 and 14, Block 6, Southridge Lakes Addition and being
located at 1452 West Southlake Boulevard and 1470 Corporate Circle.
Current Zoning: CS Community Service District and C3 General
Commercial District. Requested Zoning: CS Community Service District.
SPIN Neighborhood #13. (If approved at first reading, the public hearing
will be held January 6, 2009.)
P. Ordinance No. 949, 1St Reading, Appoint an alternate municipal judge. (If
approved at first reading, the public hearing will be held January 6, 2009.)
Q. Ordinance No. 480-578, 2nd Reading (ZA08-075), Zoning Change and
Development Plan for Ridgeview at Southlake being Tracts 2A, 2A1,
2A5C, and 2A6, W.R. Eaves Survey, Abstract No. 500 and Tracts 1 and
1C, Thomas J. Thompson Survey, Abstract No. 1502, and located at 505,
507, 511, 515, and 519 Davis Boulevard. Current Zoning: AG Agricultural
District, S-P-1 Detailed Site Plan District, and SF-20A Single Family
Residential District. Proposed Zoning: TZD Transition Zoning District.
SPIN Neighborhood #16. THE APPLICANT HAS REQUESTED TO
TABLE THIS ITEM TO THE JANUARY 6, 2009 CITY COUNCIL
MEETING.
R. ZA08-102, Preliminary Plat for Ridgeview at Southlake being Tracts 2A,
2A1, 2A5C, and 2A6, W.R. Eaves Survey, Abstract No. 500 and Tracts 1
and 1C, Thomas J. Thompson Survey, Abstract No. 1502, and located at
505, 507, 511, 515, and 519 Davis Boulevard. Current Zoning: AG
City of Southlake values:
Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork
City of Southlake
City Council meeting agenda
December 16, 2008
Page 4 of 8
Agricultural District, S-P-1 Detailed Site Plan District, and SF-20A Single
Family Residential District. Proposed Zoning: TZD Transition Zoning
District. SPIN Neighborhood #16. THE APPLICANT HAS REQUESTED
TO TABLE THIS ITEM TO THE JANUARY 6, 2009 CITY COUNCIL
MEETING.
S. ZA07-144, Site Plan for Lot 1, Players Circle on property being legally
described as Lot 1, Block 1, Players Circle Addition and being located at
1901 West Southlake Boulevard. Current Zoning: C3 General Commercial
District. SPIN Neighborhood #16. THE APPLICANT HAS REQUESTED
TO TABLE THIS ITEM TO THE JANUARY 6, 2009 CITY COUNCIL
MEETING.
T. ZA08-080, Site Plan for Southlake Regional Medical Center on property
being legally described as the remainder of Block 1, Brightbill Addition,
and being Tracts 3E1A, 3E1B and 3E1C, Larkin H. Chivers Survey,
Abstract No. 300. The property is located at 440 East Highland Street and
335 East State Highway 114. Current Zoning: S-P-2 Generalized Site Plan
District. SPIN Neighborhood #11. THE APPLICANT HAS REQUESTED
TO TABLE THIS ITEM TO THE JANUARY 6, 2009 CITY COUNCIL
MEETING.
U. ZA08-104, Plat Revision for Lots 1-5, Block 1, Southlake Regional Medical
Center being a replat of property currently described as the remainder of
Block 1, Brightbill Addition, and being Tracts 3E1A, 3E1B and 3E1C,
Larkin H. Chivers Survey, Abstract No. 300 and being located at 440 East
Highland Street and 335 East State Highway 114. Current Zoning: S-P-2
Generalized Site District. SPIN Neighborhood #11. THE APPLICANT
HAS REQUESTED TO TABLE THIS ITEM TO THE JANUARY 6, 2009
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. 480-571, 2nd Reading (ZA08-083), Zoning Change for 200
South Peytonville Avenue being Tract 3C2, W. R. Eaves Survey, Abstract
No. 500, and being located at 200 South Peytonville Avenue. Current
Zoning: S-P-2 Generalized Site Plan. Requested Zoning: a zoning district
which represents the highest and best use of property as provided in the
City's Comprehensive Zoning Ordinance No. 480, as amended. SPIN
Neighborhood #16. PUBLIC HEARING
City of Southlake values:
Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork
City of Southlake
City Council meeting agenda
December 16, 2008
Page 5 of 8
B. Ordinance No. 480-572, 2nd Reading (ZA08-084), Zoning Change for 210
South Peytonville Avenue on property being Tract 3C2A, W. R. Eaves
Survey, Abstract No. 500. Current Zoning: S-P-2 Generalized Site Plan
District. Requested Zoning: a zoning district which represents the highest
and best use of property as provided in the City's Comprehensive Zoning
Ordinance No. 480, as amended. SPIN Neighborhood #16. PUBLIC
HEARING
C. Ordinance No. 480-573, 2nd Reading (ZA08-085), Zoning Change for 240
South Peytonville Avenue on property being Lot 3, Akard Addition. Current
Zoning: S-P-2 Generalized Site Plan District. Requested Zoning: S-P-1
Detailed Site Plan District or a zoning district which represents the highest
and best use of property as provided in the City's Comprehensive Zoning
Ordinance No. 480, as amended. SPIN Neighborhood #16. PUBLIC
HEARING
D. Ordinance No. 480-574, 2nd Reading (ZA08-086), Zoning Change for 260
South Peytonville Avenue on property being Lot 2, Akard Addition. Current
Zoning: S-P-2 Generalized Site Plan District. Requested Zoning: 0-1
Office District or a zoning district which represents the highest and best
use of property as provided in the City's Comprehensive Zoning
Ordinance No. 480, as amended. SPIN Neighborhood #16. PUBLIC
HEARING
E. Ordinance No. 480-575, 2nd Reading (ZA08-087), Zoning Change for 280
South Peytonville Avenue on property being Lot 1, Akard Addition. Current
Zoning: S-P-2 Generalized Site Plan District. Requested Zoning: 0-1
Office District or a zoning district which represents the highest and best
use of property as provided in the City's Comprehensive Zoning
Ordinance No. 480, as amended. SPIN Neighborhood #16. PUBLIC
HEARING
F. CP08-001, Comprehensive Plan Amendment for Regents Park for an
amendment to the City's Master Plan proposing a change in the Land Use
Designation from Low Density Residential to Office Commercial on
property located at 2580 and 2530 West Southlake Boulevard. SPIN
Neighborhood #15. PUBLIC HEARING
G. Ordinance No. 480-577, 2nd Reading (ZA08-044), Zoning Change and Site
Plan for Regents Park on property described as Tracts 2C14 and 2C15,
Jesse G. Allen Survey, Abstract No. 18 and being located at 2580 West
Southlake Boulevard and 2530 West Southlake Boulevard. Current
Zoning: SF-1A Single Family Residential District. Requested Zoning: S-P-
1 Detailed Site Plan District. SPIN Neighborhood #15. PUBLIC HEARING
City of Southlake values:
Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork
City of Southlake
City Council meeting agenda
December 16, 2008
Page 6 of 8
Ordinances, first readings, and related items: (There are no items on this
agenda.)
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, December 12, 2008, by 6:00 p.m.,
pursuant to the Texas Government Code, Chapter 551.
\e\,,t <r. A,e CFf,t~dd\\ F' , dd
Lori Payne, TRMC }
City Secretary
"
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• °
If you plan to attend this public meeting,,anol' i9we~% ability that requires special needs, please
advise the City Secretary's Office 48'1h+vParvy\\ 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
December 16, 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. June G. Thrash vs. City of Southlake, et al. January 2008.
4. Michael Kenny vs. City of Southlake. April 2008.
5. Jayson Steele vs. City of Southlake. August 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
December 16, 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; 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