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2008-02-19 CITY OF SOUTHLAK,E TEXAS REGULAR CITY COUNCIL MEETING: FEBRUARY 19.2008 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. Pledge of Allegiance: Cub Scouts, Pack 928 4. Special Local Business Report - City of Southlake / Sabre Holdings partnership 5. Park dedication fee update 6. 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 followinq 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. 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 B. City Manager's Report City of Southlake values: Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork City of Southlake City Council meeting agenda February 19, 2008 Page 2 of 8 C. 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 minutes from the February 5, 2008, regular City Council meeting. B. Approve a professional services agreement with Gorrondona and Associates in the amount of $64,750.00 for FM 1938 Phase II, subsurface utility engineering services. C. Resolution No. 08-011, Approve a revised municipal maintenance agreement with TxDOT. D. Approve an amendment to the Interlocal Agreement with North Central Texas Council of Governments (NCTCOG) for cooperative purchasing for on-line recruiting. E. Authorize purchase of vehicles from Dallas Dodge through the Houston- Galveston Area Council of Governments in the amount of $268,586.00. F. Authorize purchase of vehicles from Philpott Motors through the Houston- Galveston Area Council of Governments in the amount of $573,898.12. G. Approve reallocation of SPDC CIP funds in the amount of $11,990 for the construction of an outdoor fireplace at the Bob Jones Nature Center. H. Ordinance No. 930, 1St Reading, Adopt the 2006 International Building Code. (If approved at first reading, the public hearing will be held March 4, 2008.) 1. Ordinance No. 931, 1St Reading, Adopt the 2006 International Fire Code. (If approved at first reading, the public hearing will be held March 4, 2008.) J. Ordinance No. 932, 1St Reading, Adopt the 2006 International Energy Conservation Code. (If approved at first reading, the public hearing will be held March 4, 2008.) K. Ordinance No. 933, 1St Reading, Adopt the 2006 ICC Electrical Code, Administrative Provisions. (If approved at first reading, the public hearing will be held March 4, 2008.) City of Southlake values: Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork City of Southlake City Council meeting agenda February 19, 2008 Page 3 of 8 L. Ordinance No. 934, 1St Reading, Adopt the 2006 International Plumbing Code. (If approved at first reading, the public hearing will be held March 4, 2008.) M. Ordinance No. 935, 1St Reading, Adopt the 2006 International Fuel Gas Code. (If approved at first reading, the public hearing will be held March 4, 2008.) N. Ordinance No. 936, 1St Reading, Adopt the 2006 International Mechanical Code. (If approved at first reading, the public hearing will be held March 4, 2008.) 0. Ordinance No. 937, 1St Reading, Adopt the 2006 International Residential Code. (If approved at first reading, the public hearing will be held March 4, 2008.) P. Resolution No. 08-010, Appoint a Parks and Recreation Board representative to the Southlake Parks Development Corporation to fill an unexpired term. Q. Resolution No. 08-009, Call the May 10, 2008, General Election and the May 10, 2008 Special Election and authorize a joint election agreement with Tarrant County Elections Administration. R. 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. THIS ITEM HAS BEEN TABLED TO THE MARCH 4, 2008, CITY COUNCIL MEETING. S. 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. THIS ITEM HAS BEEN TABLED TO THE MARCH 4, 2008, CITY COUNCIL MEETING. T. 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, located at 3185 Southlake Park Drive. Current Zoning: AG Agricultural District. Requested Zoning: R- PUD Residential Planned Unit Development District. SPIN Neighborhood City of Southlake values: Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork City of Southlake City Council meeting agenda February 19, 2008 Page 4 of 8 #3. THIS ITEM HAS BEEN TABLED AT THE APPLICANT'S REQUEST TO THE MARCH 4, 2008, CITY COUNCIL MEETING. U. 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. THIS ITEM HAS BEEN TABLED AT THE APPLICANT'S REQUEST TO THE MARCH 4, 2008, CITY COUNCIL MEETING. V. Ordinance No. 480-542, 1St 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. THIS ITEM HAS BEEN TABLED TO THE MARCH 4, 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. 926, 2nd Reading, Approve a settlement agreement between the Atmos cities steering committee and Atmos Energy Corporation, Mid-Tex Division. PUBLIC HEARING B. Ordinance No. 938, Consider all matters incident and related to the issuance and sale of "City of Southlake, Texas, Tax and Waterworks and Sewer System (Limited Pledge) Revenue Certificates of Obligation, Series 2008," including the adoption of an ordinance authorizing the issuance of such certificates of obligation. PUBLIC HEARING C. Ordinance No. 927, 2nd Reading, Street name change for East Haven Addition, changing East Perry Circle and West Perry Circle to Haven Circle. PUBLIC HEARING D. 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. PUBLIC HEARING City of Southlake values: Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork City of Southlake City Council meeting agenda February 19, 2008 Page 5 of 8 E. 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. F. Ordinance No. 480-549, 2nd Reading (ZA07-124), Zoning Change and Site Plan for Invitation Park on property being legally described as Tracts 3B and 3131, and a portion of Tract 3D1, O.W. Knight Survey, Abstract No. 899, located at 821 and 835 East Southlake Boulevard. Current Zoning: C-3 General Commercial District and AG Agricultural District. Requested Zoning: S-P-1 Detailed Site Plan District. SPIN Neighborhood #9e. PUBLIC HEARING G. ZA07-125, Preliminary Plat for Invitation Park on property being legally described as Tracts 313, 3131, and 3D1, O.W. Knight Survey, Abstract No. 899 and located at 821 East Southlake Boulevard and 835 East Southlake Boulevard. Current Zoning: C-3 General Commercial District and AG Agricultural District. SPIN Neighborhood #9e. H. Ordinance No. 480-551, 2nd Reading (ZA07-170), Zoning Change and Concept Plan for Davis residence on property being legally described as Lot A, Block 1, Old Orchard Country Estates, located at 1900 Shady Oaks Dr. Current Zoning: SF-1A Single Family Residential District. Requested Zoning: SF-2 Single Family Residential District. SPIN Neighborhood #11. PUBLIC HEARING 1. Resolution No. 08-006, Miscellaneous amendments to the City's Mobility and Master Thoroughfare Plan, an element of the Southlake 2025 Plan, the City's Comprehensive Master Plan. PUBLIC HEARING 7. Ordinances, first readings, and related items: A. Ordinance No. 928, 1St Reading, Adopt an ordinance to add Article VII "Curfew Hours for Minors" to Chapter 15, "Public Safety" of the Southlake Code of Ordinances. (If approved at first reading, the public hearing will be held March 4, 2008.) B. Ordinance No. 929, 1St Reading, Adopt an ordinance to amend Chapter 58, of the Southlake Code of Ordinances, making it unlawful for certain sex offenders to reside within 2,000 feet of premises where children gather. (If approved at first reading, the public hearing will be held March 4, 2008.) City of Southlake values: Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork City of Southlake City Council meeting agenda February 19, 2008 Page 6 of 8 8. Resolutions: (There are no items on this agenda.) 9. Other items for consideration: A. Consider SP06-408A, Variance to Sign Ordinance No. 704-C for Bethel Methodist Church located at 190 South White Chapel Boulevard. B. Consider SP08-016, Variance to Sign Ordinance No. 704-C for Tom Thumb located at 100 West Southlake Boulevard. 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 15, 2008, by 6:00 p.m., pursuant to the Texas Government Code, Chapter 551. Lori Payne, TRK/O M - ~ 9 B 0 ~ o. City Secretary W e r °is oae N,i If you plan to attend this ptl io,,Waffil° 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 February 19, 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 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 February 19, 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. City of Southlake values: Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork