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2007-12-04 CITY O SOUF THLAKE TEXAS REGULAR CITY COUNCIL MEETING: DECEMBER 4, 2007 LOCATION: 1400 Main Street, Southlake, Texas Council Chambers in Town Hall WORK SESSION: 4:45 P.M. 1. Call to order. 2. Christening and Dedication of Truck 401 3. Invocation: Scott Berry, Chaplain of the Month 4. CISD demographic report presentation 5. Discussion of regulations pertaining to oil and gas drilling: A. Ordinance No. 480 -RRR, Amending the Comprehensive Zoning Ordinance No. 480, as amended, as it pertains to oil and gas drilling and production. B. 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. C. Ordinance No. 880 -A, Amending Section 9.5, Article IV, of the Southlake City Code regarding oil and gas well drilling and production. 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 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 551.072: Deliberation regarding real property a. Deliberate the acquisition of property for park purposes. b. Deliberate the purchase of the parking garages in Town Square. City of Southlake values: Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork City of Southlake City Council meeting agenda December 4, 2007 Page 2 of 8 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 1. Recognition of Emily Galpin for her efforts on behalf of the Bob Jones Nature Center 2. United Way Presentation - Senior Community Plan 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 November 20, 2007, regular City Council meeting and from the November 14, 2007, special meeting to canvass the November 6, 2007, special election. B. This item was intentionally left blank. C. Award annual purchasing agreement to Atlas Utility Supply, Municipal Water Works, H. D. Supply, Hydraflo Inc., and Ferguson Waterworks for utility parts. D. Award annual purchasing agreement to Centerline Supply and Roadrunner Traffic Supply for signs and pavement marking. E. Award of bid to Crowley Sports Officials in the amount of $100,130 for sports officiating and scorekeeping services. F. Approve 2008 Community Service Agreement with Call A Ride Southlake, Inc. G. Approve 2008 Community Service Agreement with SafeHaven of Tarrant County. H. Approve 2008 Community Service Agreement with Metroport Meals on Wheels. City of Southlake values: Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence • Teamwork City of Southlake City Council meeting agenda December 4, 2007 Page 3 of 8 I. Approve 2008 Community Service Agreement with Southlake Sister Cities. J. Approve 2008 Community Service Agreement with Southlake Community Band. K. Approve 2008 Community Service Agreement with Southlake Historical Society. L. Approve 2008 Community Service Agreement with Keep Southlake Beautiful. M. Approve 2008 Community Service Agreement with Southlake Women's Club for Art in the Square. N. Approve 2008 Community Service Agreement with Grapevine Relief and Community Exchange. O. Approve SPDC Matching Funds Request in the amount of $5,000 from the Southlake Historical Society for the addition of a stone fireplace and chimney to the log cabin. P. Approve SPDC Matching Funds request in the amount of $2,250 from Keep Southlake Beautiful for the addition of shade umbrellas in Liberty Garden in Bicentennial Park. Q. Approve renewal of contract with American Landscape Systems for landscape maintenance of public areas in Town Square and Central Park in the amount of $73,050 for a twelve month period ending December 31, 2008. R. Approve renewal of contracts with TruGreen LandCare for landscape maintenance of city facilities and right -of -way mowing in the amount of $90,964 for a twelve month period ending December 31, 2008. S. Ordinance No. 480 -536, 2 Reading (ZA07 -139), Zoning Change and Site Plan for Lots 1R1, 1R2, 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. THIS ITEM HAS BEEN TABLED AND THE PUBLIC HEARING CONTINUED TO THE JANUARY 15, 2008, CITY COUNCIL MEETING. City of Southlake values: Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence • Teamwork City of Southlake City Council meeting agenda December 4, 2007 Page 4 of 8 T. ZA07 -111, Plat Revision for Lots 1R1, 1R2, 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. THIS ITEM HAS BEEN TABLED TO THE JANUARY 15, 2008, CITY COUNCIL MEETING. U. Ordinance No. 480 -492, 1 Reading (ZA06 -045), Zoning Change for a portion of Lot 1, Block 1, Arnold Estates. The property is situated at 1275 Shady Oaks Drive with access through 520 West Highland Street. Current Zoning: RE Single Family Residential Estate District. Requested Zoning: SF -1A Single Family Residential District. SPIN Neighborhood #11. THIS ITEM HAS BEEN TABLED TO THE JANUARY 15, 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. 920, 2 Reading, adopt an ordinance to dedicate street right -of -way from city owned property at the northeast corner of Dove Road and North White Chapel Boulevard for the purpose of constructing intersection improvements. PUBLIC HEARING B. Ordinance No. 921, 2 Reading, adopt an ordinance to dedicate street right -of -way from city owned property at the southeast corner of Dove Road and North White Chapel Boulevard for the purpose of constructing intersection improvements. PUBLIC HEARING C. Ordinance No. 480 -537, 2nd Reading (ZA07 -106), Zoning Change, Concept Plan /Site Plan for Kimball Lake Office Park on property legally described as Tract 3B, T. Mahan Survey, Abstract No. 1049 and located at 600 North Kimball Avenue. Current Zoning: AG Agricultural District. Requested Zoning: S -P -2 Generalized Site Plan District. SPIN Neighborhood #6. PUBLIC HEARING D. Ordinance No. 480 -540, 2nd Reading (ZA07 -143), Zoning Change and Concept Plan for 2050 North Shady Oaks Drive on property legally described as Lot D1, Block 1, Old Orchard Country Estates and located at 2050 Shady Oaks Drive. Current Zoning: SF -1A Single Family Residential District. Requested Zoning: SF -2 Single Family Residential District. SPIN Neighborhood #11. PUBLIC HEARING City of Southlake values: Integrity ♦ Innovation ♦ Accountability • Commitment to Excellence ♦ Teamwork City of Southlake City Council meeting agenda December 4, 2007 Page 5 of 8 7. Ordinances, first readings, and related items: A. Ordinance No. 922, 1 Reading, adopt an ordinance to amend Chapter 18, Traffic and Vehicles, of the City of Southlake Code of Ordinances by adding new Article VIII, Automated Red Light Enforcement. (If approved on first reading, the public hearing will be held December 18, 2007.) B. Approve Royal and Annie Smith Park design. C. Ordinance No. 480 -538, 1 Reading (ZA07 -121), Zoning Change and Site Plan for Royal and Annie Smith Park on property legally described as Tract 1, J.G. Allen Survey, Abstract No. 18 and located at 3045 Johnson Road. Current Zoning: AG Agricultural District. Requested Zoning: CS Community Service District. SPIN Neighborhood #15. (If approved on first reading, the public hearing will be held December 18, 2007.) D. Approve Liberty Park at Sheltonwood design. E. Ordinance No. 480 -539, 1 Reading (ZA07 -122), Zoning Change and Site Plan for Liberty Park at, Sheltonwood on property legally described as Tract 1C01A and a portion of Tract 1A, J.W. Chivers Survey, Abstract No. 350 and located at 570 East Dove Road and 590 East Dove Road. Current Zoning: SF -1A Single Family Residential District. Requested Zoning: CS Community Service District. SPIN Neighborhood #3. (If approved on first reading, the public hearing will be held December 18, 2007.) 8. Resolutions: (There are no items on this agenda.) 9. Other items for consideration: A. Approve Change Order No. 1 to the Construction Manager at Risk contract with Lee Lewis Construction, Inc., in the amount of $1,925,913 for the demolition of the existing DPS East facility and the civil work for the new DPS Headquarters. B. Consider SP07 -320, Variance to Sign Ordinance No. 704 -C for Cristina's Fine Mexican Restaurant located at 2707 East Southlake Boulevard, Suite 100. C. Consider SP07 -417, Amendment to the Gateway Plaza Phase II Conditional Sign Permit for temporary signs for Weir's Furniture located at 210 North Nolen Drive. City of Southlake values: Integrity ♦ Innovation ♦ Accountability • Commitment to Excellence • Teamwork City of Southlake City Council meeting agenda December 4, 2007 Page 6 of 8 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, November 30, 2007, by 6:00 p.m., pursuant to the Texas Government Code, Chapter 551. r 000 ' 111111E . • • O Lori Payne, TR = 4 • ; � A. City Secretary ° ' =�` If you plan to attend thi #,pub ehg and have a disability that requires special needs, please advise the Ciffi'6ea Mary'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 December 4, 2007 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. 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 regardinq 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 4, 2007 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