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Agenda CITY OF SOUTHLAKE REGULAR CITY COUNCIL MEETING: NOVEMBER 20, 2007 LOCATION: 1400 Main Street, Southlake, Texas Council Chambers in Town Hall WORK SESSION: 5:00 P.M. (The work session portion of the meeting will be located in the third floor training rooms of Town Hall.) 1. Call to order. 2. Invocation: Linda Pallone, Chaplain of the Month 3. 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. 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 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 oil and gas drilling regulations. 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: City of Southlake values: Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork City of Southlake City Council meeting agenda November 20, 2007 Page 2 of 8 A. Mayor's Report 1. Special presentation to State Representative Vicki Truitt 2. Salvation Army 2007 Red Kettle Campaign B. City Manager's Report 1. FY 2008 Ordinance Priority Schedule C. Local Business 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 November 6, 2007, regular City Council meeting. B. Resolution No. 07-061, Support a nominee to the Tarrant County Appraisal District Board of Directors. C. Resolution No. 07-062, Appoint members to the SPIN Standing Committee. D. This item was intentionally left blank. E. Approve the use of FY 2008 and previously budgeted funds for repair of concrete paving and the placement of sidewalks/trails through the use of an inter-local agreement with the City of Grapevine. F. Approve an inter-local agreement with Tarrant County for the pavement construction services providing for an overlay of South Peytonville Avenue and the pavement rehabilitation of a portion of Dove Road between White Chapel Boulevard and Carroll Avenue. G. Ordinance No. 920, 1 st 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. (If approved at first reading, the public hearing will be held December 4, 2007.) H. Ordinance No. 921, 1" 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. (If approved at first reading, the public hearing will be held December 4, 2007.) City of Southlake values: Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork City of Southlake City Council meeting agenda November 20, 2007 Page 3 of 8 1. Ordinance No. 480-538, 1St 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. THIS ITEM IS TABLED TO THE DECEMBER 4, 2007, CITY COUNCIL MEETING. J. Ordinance No. 480-539, 1St Reading (ZA07-122), Zoning Change and Site Plan for Liberty Park at Sheltonwood on property legally described as Tract 1 CO l A and a portion of Tract IA, J.W. Chivers Survey, Abstract No. 350 and located at 570 East Dove Road and 590 East Dove Road. Current Zoning: SF-IA Single Family Residential District. Requested Zoning: CS Community Service District. SPIN Neighborhood #3. THIS ITEM IS TABLED TO THE DECEMBER 4, 2007, CITY COUNCIL MEETING. K. Ordinance No. 480-540, 1St Reading (ZA07-143), Zoning Change and Concept Plan for 2050 North Shady Oaks Drive on property legally described as Lot DI, Block 1, Old Orchard Country Estates and located at 2050 Shady Oaks Drive. Current Zoning: SF-lA Single Family Residential District. Requested Zoning: SF-2 Single Family Residential District. SPIN Neighborhood #11. (If approved at first reading, the public hearing will be held December 4, 2007.) L. ZA07-127, Plat Revision for Lots 2R1 and 2R2, Block 1, Cedar Oaks Estates, being a replat of property currently described as Lot 2, Block 1, Cedar Oaks Estates and located at 2001 Morgan Road. Current Zoning: SF-IA Single Family Residential District. SPIN Neighborhood #12. M. ZA07-140, Plat Revision for Lot 3R, H. Granberry No. 581 Addition, being a replat of property currently described as Lot 3, H. Granberry No. 581 Addition and located at 410 South White Chapel Boulevard. Current Zoning: SF-IA Single Family Residential District. SPIN Neighborhood #14. N. Ordinance No. 480-536, 2"d 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 IS TABLED AND THE PUBLIC HEARING IS CONTINUED TO THE DECEMBER 4, 2007, CITY COUNCIL MEETING. 0. ZA07-114, Site Plan for Peloton Southlake Office Building, on property legally described as a portion of Tracts 1, lAl, and IE, R. Eads Survey, Abstract No. 481 and located in the 1200 block of East State Highway 114 between North Carroll Avenue and North Kimball Avenue on the proposed Grace Lane. Current Zoning: City of Southlake values: Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork City of Southlake City Council meeting agenda November 20, 2007 Page 4 of 8 NR-PUD Non-Residential Planned Unit Development District. SPIN Neighborhood #6. THIS ITEM IS TABLED AND THE PUBLIC HEARING IS CONTINUED TO THE DECEMBER 18, 2007, CITY COUNCIL MEETING. P. Resolution No. 07-063 (ZA07-142) Specific Use Permit for multi-level parking garage on property legally described as a portion of Tracts 1 and lAl, Richard Eads Survey, Abstract No. 481, also known as Lot 1, Block 4, Gateway Church - 114 Campus Addition and located on the north side of State Highway 114 at 1200 East State Highway 114 between North Carroll Avenue and North Kimball Avenue. Current Zoning: NR-PUD Non-Residential Planned Unit Development District. SPIN Neighborhood #6. THIS ITEM IS TABLED AND THE PUBLIC HEARING IS CONTINUED TO THE DECEMBER 18, 2007, 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. 919, 2nd Reading, Providing for the taxation of goods-in-transit exempt under section 11.253 of the tax code; providing a repealer clause; providing a severability clause; and declaring an emergency. PUBLIC HEARING B. Ordinance No. 480-534, 2"d Reading (ZA07-063), Zoning Change and Development Plan for Winfield Estates on property being legally described as Tracts 1, 1 C, 1C 1, A.H. Chivers Survey, Abstract No. 299 and being located at 2210 North Carroll Avenue, 1155 East Dove Road, and 1107 East Dove Road. Current Zoning: C-2 Local Retail Commercial District and AG Agricultural District. Requested Zoning: R-PUD Residential Planned Unit Development. SPIN Neighborhood 95. PUBLIC HEARING C. Ordinance No. 480-535, 2nd Reading (ZA07-108), Zoning Change and Concept Plan/Site Plan for Calloway's Nursery on property being legally described as Lots 12 - 14, O.W. Knight No. 899 Addition and located at 100 Parkwood Drive, 200 Parkwood Drive, and 300 Parkwood Drive. Current Zoning: S-P-2 Generalized Site Plan District. Requested Zoning: S-P-2 Generalized Site Plan District. SPIN Neighborhood #9w. PUBLIC HEARING D. ZA07-109, Plat Revision for Lots 12R and 13R, O.W. Knight No.- 899 Addition on property being legally described as Lots 12 - 14, O.W. Knight No. 899 Addition and located at 100 Parkwood Drive, 200 Parkwood Drive, and 300 City of Southlake values: Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork City of Southlake City Council meeting agenda November 20, 2007 Page 5 of 8 Parkwood Drive Current Zoning: S-P-2 Generalized Site Plan District. Proposed Zoning: S-P-2 Generalized Site Plan District. SPIN Neighborhood #9w. E. Ordinance No. 480-471a, 2°d Reading (ZA07-138), Zoning Change and Site Plan for Commerce Business Park on property being legally described as Lots 2 and 3, Block A, Commerce Business Park and located at 275 Commerce Street and 325 Commerce Street. Current Zoning: S-P-1 Detailed Site Plan District. Requested Zoning: S-P-1 Detailed Site Plan District. SPIN Neighborhood #7. PUBLIC HEARING F. ZA07-141, Revised Site Plan for Southlake Church of Christ on property legally described as Lot 1R1, Brock Addition and located at 2417 West Southlake Boulevard. Current Zoning: CS Community Service District. SPIN Neighborhood #15. PUBLIC HEARING G. Ordinance No. 585-D, 2nd Reading, Amendment to the City of Southlake's Tree Preservation Ordinance No. 585. PUBLIC HEARING 7. Ordinances, first readings, and related items: A. Ordinance No. 480-492, 1St 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-lA Single Family Residential District. SPIN Neighborhood #11. THIS ITEM HAS BEEN TABLED TO THE DECEMBER 4, 2007, CITY COUNCIL MEETING. B. Ordinance No. 480-537, 1St 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. (If approved at first reading, the public hearing will be held December 4, 2007.) 8. Resolutions: (There are no items on this agenda.) 9. Other items for consideration: A. Consider SP07-232, Variance to Sign Ordinance No. 704-C for Petsmart located at 200 Village Center Drive. B. Consider SP07-347, Variance to the Southlake Town Square, Block 22, Master Sign Plan for Which Wich located at 1516 East Southlake Boulevard. City of Southlake values: Integrity 1 Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork City of Southlake City Council meeting agenda November 20, 2007 Page 6 of 8 C. Consider SP07-396, Variance to Sign Ordinance No. 704-C for Modia Home Theater Store located at 3030 East Southlake Boulevard. D. Consider SP07-320, Variance to Sign Ordinance No. 704-C for Cristina's Fine Mexican Restaurant located at 2707 East Southlake Boulevard, Suite 100. 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 16, 2007, by 6:00 p.m., pursuant to the Texas Government Code, Chapter 551. 14% '0000S.. P ~G- Lori Payne, TRMC ? N = City Secretary v r 000009660, If you plan to attend this public meE iyjW a~nld y~xo'e a disability that requires special needs, please advise the City Secretary's Office ZZ"urs 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 November 20, 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 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 November 20, 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 418106(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