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2005-04-19 I I. I I I I I I I I. I I I I I I I I- I CITY OF SOUTHLAKE REGULAR CITY COUNCIL MEETING: APRIL 19.2005 LOCATION: 1400 Main Street, Southlake, Texas Council Chambers in Town Hall WORK SESSION: 5:30 to 6:00 P.M. 1. Call to order. 2. Discussion of 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 immediatelv followin2 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 exceDtions. at the end of the Ree:ular Session or at any time durin2 the meetin2 that a need arises for the City Council to seek advice from the City Attornev as to the Dosted subiect matter of this City Council meetin2. 1. Section 551.071: Consultation with attorney a. Seek advice of the city attorney regarding the Pin Oak Estates Residential Developer's Agreement. b. Harold Sauls vs. Robert Welch, Alton Wells, Mike Berryhill, John Doe, and City ofSouthlake. c. Seek advice of the city attorney regarding Public Works investigation. d. Seek advice of the city attorney regarding changes in property values based upon tax exempt status. e. R.E. and Marilyn Smith vs. City of Southlake. 2. Section 551.072: Deliberation ree:ardin2 real DrODertv a. Discuss the value of city-owned real property at the northeast comer of Pearson Lane and F.M. 1709. 3. Section 551.087: Deliberation re2ardin2 economic develoDment ne20tiations a. Economic incentives for businesses. B. Reconvene: Action necessary on items discussed in Executive Session. I I. I I I I I I I I. I I I I I I I I. I City of Southlake City Council meeting agenda April 19, 200S Page 2 of6 3. INVOCATION: Mike Beaugh, Southlake Boulevard Presbyterian Church 4. REPORTS: A. Mayor's Report 1. Proclamation for Child Abuse Prevention Month B. City Manager's Report C. Financial Report D. School District Report E. 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. 5. Consent: A. Approve the minutes for the April 5, 2005, regular City Council meeting. B. ZA05-019, Plat Revision for Lots 3R2Rl, 3R2R2, and 3R2R3, Green Meadow Subdivision; being a revision of Lot 3R2, Green Meadow Subdivision, located on the south side of East Continental Boulevard, at the intersection of East Continental Boulevard and South Kimball Avenue. Current Zoning: 1-1 Light Industrial District. SPIN Neighborhood #7. C. ZA05-029, Plat Revision for Lot 4R, Block 5, Clariden Ranch Phase IB located at 701 Silver Spur Court. Current Zoning: SF-IA Single Family Residential District. SPIN Neighborhood #1. D. Consider excusing members of the City Council and of the Planning and Zoning Commission for absences from meetings. REGULAR AGENDA 6. Public Forum. 7. Ordinances, second readings, public hearings, and related items: A. Ordinance No. 886, 2nd Reading, an ordinance canceling the May 7, 2005, General Election and declaring each unopposed candidate elected to office; and providing an effective date. PUBLIC HEARING B. Ordinance No. 480-453, 2nd Reading (ZA05-0 1 0), Concept Plan for proposed Lots 1-9, Block I, The Pavilion at Southlake; being Tracts 2A2, I I .e I I I I I I Ie I I I I I I I .e I City of Southlake City Couneil meeting agenda April 19, 2005 Page 3 of 6 lA, lAl, and lAIA, W. R. Eaves Survey, Abstract No. SOO; and Zoning Change specifically for Tracts lA, lAl, and lAIA located on the south side of West Southlake Boulevard where it intersects with Meadowlark Lane. Current Zoning: C-3 General Commercial District and AG Agricultural District. Requested Zoning: C-3 General Commercial District. SPIN Neighborhood #16. PUBLIC HEARING C. ZAOS-Oll, Preliminary Plat for Lots 1-9, Block 1, The Pavilion at Southlake; being Tracts 2A2, lA, lAIA, & lAl, W.R. Eaves Survey, Abstract No. SOO. The property is located on the south side of West Southlake Boulevard where it intersects with Meadowlark Lane. Current Zoning: C-3 General Commercial District and AG Agricultural District. Proposed Zoning: C-3 General Commercial District. SPIN Neighborhood #16. D. ZAOS-OOl, Site Plan for Stampede Sports Arena, being a portion of Tract 2A2, W.R. Eaves Survey, Abstract No. SOO, proposed Lot S, Block 1, The Pavilion at Southlake, and being on property located on the south side of West Southlake Boulevard where it intersects with Meadowlark Lane. Current Zoning: C-3 General Commercial District. SPIN Neighborhood #16. PUBLIC HEARING E. Resolution No. OS-021, (ZAOS-014), Specific Use Permit for the sale of alcoholic beverages at Michael Anthony's Steakhouse located at 27S0 East Southlake Boulevard, being a portion of Lot 3, Block 2, Gateway Plaza, Phase II. Current Zoning: S-P-2 Generalized Site Plan District. SPIN . Neighborhood #7. PUBLIC HEARING F. ZAOS-017, Revised Site Plan for Southlake Tavern located at 2700 East Southlake Boulevard. Current Zoning: S-P-2 Generalized Site Plan District. SPIN Neighborhood #7. PUBLIC HEARING G. Resolution No. OS-022, (ZAOS-018), Specific Use Permit for the sale of alcoholic beverages at Southlake Tavern located at 2700 East Southlake Boulevard. Current Zoning: S-P-2 Generalized Site Plan District. SPIN Neighborhood #7. PUBLIC HEARING H. Consider SPOS-090, Variance to Sign Ordinance No. 704-B for Southlake Tavern located at 2700 East Southlake Boulevard. I. Resolution No. OS-018, Adoption of the West Southlake Boulevard/Pearson; West Highland/North Peytonville; and the North Side (Areas B, E, and F) Area Plans as components of the Comprehensive Master Plan for the City of Southlake. PUBLIC HEARING I I .e I I I I I I Ie I I I I I I I .e I City or Soutblake City Council meeting agenda April 19, 2005 Page 4 0(6 8. Ordinances, first readings, and related items: A. Ordinance No. 480-280a, 1st Reading (ZA04-047), Zoning Change and Concept Plan for Stonebridge Park located at 150-175 Stonebridge Lane, 2340 and 2350 West Southlake Boulevard. Current Zoning: S-P-2 Generalized Site Plan District. Requested Zoning: S-P-2 Generalized Site Plan District with 0-1 Office District and C-2 Local Retail Commercial District uses. SPIN Neighborhood #16. (If approved on first reading, the public hearing will be held May 3, 2005.) 9. Resolutions: (There are no items on this agenda.) 10. Other items for consideration: A. Authorize the City Manager to enter into a professional set'Vlces agreement with MAXIMUS to conduct a management study of the Department of Public Works Operations Division. B. Consider 50th Anniversary Planning Committee. 11. Other items for discussion: (There are no items on this agenda.) 12. 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, April 15, 2005, by 6:00 p.m., pursuant to the Texas Government Code1,{;haptlft. 551. "'.....'O~THLA~~"', k ~ ..... -~'.. 0. ~!4 ... .......~ .,A '.. - to l "\ e ~ :>.: '>: Lori A. Farwell, TRMC i 5 \ * J C/) 1 C. S .... .. Ity ecretary -; ... ....t -:'" ............ ,~ " ...'Ita If you plan to attend this public meeting a~'t!'~~:,'t1l;~bility that requires special needs, please advise the City Secretary's Office 48 hours in advance at 817-481-1490 and reasonable accommodations will be made to assist you. I I. I I I I I I I Ie I I I I I I I I. I City of Southlake City Council meeting agenda April 19, 2005 Page 5 of6 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. City of Southlake vs. Timarron et.al. May 2001. 2. Steve L. Perry and Aline Perry vs. City of South lake. November 2003. 3. R.E. and Marilyn Smith vs. City ofSouthlake. December 2003. 4. City of Southlake vs. Howard E. Carr, Jr. March 2004. 5. 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 ofSouthlake. July 2004. 6. Harold Sauls vs. Robert Welch, Alton Wells, Mike Berryhill, John Doe, and City ofSouthlake. March 2005. Section 551.072: Deliberation re2ardine: 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 ree:ardinf! prospective 2ift 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 ree:ardine: 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 re2ardine: security devices The City Council may deliberate the deployment, or specific occasions for implementation of security personnel or devices. Section 551.087: Deliberation re2ardine: economic development ne2otiations 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. I I .e I I I I I I Ie I I I I I I I .e I City of Southlake City Council meeting agenda April 19, 2005 Page 6 of6 Section 418.183(fl: Texas Disaster Act The City Council may deliberate information: I) 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) & (el: Local meetine:s to discuss emere:encv manae:ement plans ree:ardine: 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. I I. I I I I I I I I. I I I I I I I I. I 1V11'~ ().. f1eM..cR. a... tA..>> ~ ~€M.J..~ci ftl 'oY .ro fcr:sl-Jit~. CITY OF SOUTHLAKE J REGULAR CITY COUNCIL MEETING: APRIL 19.2005 LOCATION: 1400 Main Street, Southlake, Texas Council Chambers in Town Hall WORK SESSION: 5:30 to 6:00 P.M. 1. Cal1to order. 2. Discussion of 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 immediatelv followin2 the work session 1. Cal1to order. 2. A. Executive Session: Pursuant to the Open Meetings Act, Chapter 551, Texas Goverbment 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 exceotions. at the end of the Re2ular Session or at any time durin2 the meetin2 that a need arises for the City Council to seek advice from the City Attornev as to the oosted subiect matter of this City Council meetin2. 1. Section 551.071: Consultation with attorney a. Seek advice of the city attorney regarding the Pin Oak Estates Residential Developer's Agreement. b. Harold Sauls vs. Robert Welch, Alton Wells, Mike Berryhill, John Doe, and City ofSouthlake. c. Seek advice of the city attorney regarding Public Works investigation. 2. Section 551.072: Deliberation re2ardin2 real orooertv a. Discuss the value of city-owned real property at the northeast comer of Pearson Lane and F.M. 1709. 3. Section 551.087: Deliberation re2ardin2 economic develooment ne20tiations a. Economic incentives for businesses. B. Reconvene: Action necessary on items discussed in Executive Session. 3. INVOCATION: Mike Beaugh, Southlake Boulevard Presbyterian Church I I. I I I I I I I Ie I I I I I I I I. I , City of Soutblake City Couneil meeting agenda April 19, 2005 Page 2 of6 4. REPORTS: A. Mayor's Report 1. Proclamation for Child Abuse Prevention Month B. City Manager's Report C. Financial Report D. School District Report E. 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. 5. Consent: A. Approve the minutes for the April 5, 2005, regular City Council meeting. B. ZA05-0l9, Plat Revision for Lots 3R2Rl, 3R2R2, and 3R2R3, Green Meadow Subdivision; being a revision of Lot 3R2, Green Meadow Subdivision, located on the south side of East Continental Boulevard, at the intersection of East Continental Boulevard and South Kimball Avenue. Current Zoning: 1-1 Light Industrial District. SPIN Neighborhood #7. C. ZA05-029, Plat Revision for Lot 4R, Block 5, Clariden Ranch Phase lB located at 701 Silver Spur Court. Current Zoning: SF-lA Single Family Residential District. SPIN Neighborhood #1. D. Consider excusing members of the City Council and of the Planning and Zoning Commission for absences from meetings. REGULAR AGENDA 6. Public Forum. 7. Ordinances, second readings, public hearings, and related items: A. Ordinance No. 886, 2nd Reading, an ordinance canceling the May 7, 2005, General Election and declaring each unopposed candidate elected to office; and providing an effective date. PUBLIC HEARING B. Ordinance No. 480-453, 2nd Reading (ZA05-01O), Concept Plan for proposed Lots 1-9, Block 1, The Pavilion at Southlake; being Tracts 2A2, lA, lAl, and lAlA, W. R. Eaves Survey, Abstract No. 500; and Zoning Change specifically for Tracts IA, lAI, and IAIA located on the south side of West Southlake Boulevard where it intersects with Meadowlark I I. I I I I I I I I. I I I I I I I I. I . City of Southlake City Councll meeting agenda Aprll19, 2005 Page 3 of 6 Lane. Current Zoning: C-3 General Commercial District and AG Agricultural District. Requested Zoning: C-3 General Commercial District. SPIN Neighborhood #16. PUBLIC HEARING C. ZA05-011, Preliminary Plat for Lots 1-9, Block 1, The Pavilion at Southlake; being Tracts 2A2, lA, 1A1A, & lA1, W.R. Eaves Survey, Abstract No. 500. The property is located on the south side of West Southlake Boulevard where it intersects with Meadowlark Lane. Current Zoning: C-3 General Commercial District and AG Agricultural District. Proposed Zoning: C-3 General Commercial District. SPIN Neighborhood #16. D. ZA05-001, Site Plan for Stampede Sports Arena, being a portion of Tract 2A2, W.R. Eaves Survey, Abstract No. 500, proposed Lot 5, Block 1, The Pavilion at Southlake, and being on property located on the south side of West Southlake Boulevard where it intersects with Meadowlark Lane. Current Zoning: C-3 General Commercial District. SPIN Neighborhood #16. PUBLIC HEARING E. Resolution No. 05-021, (ZA05-014), Specific Use Permit for the sale of alcoholic beverages at Michael Anthony's Steakhouse located at 2750 East Southlake Boulevard, being a portion of Lot 3, Block 2, Gateway Plaza, Phase II. Current Zoning: S-P-2 Generalized Site Plan District. SPIN Neighborhood #7. PUBLIC HEARING F. ZA05-0l7, Revised Site Plan for Southlake Tavern located at 2700 East Southlake Boulevard. Current Zoning: S-P-2 Generalized Site Plan District. SPIN Neighborhood #7. PUBLIC HEARING G. Resolution No. 05-022, (ZA05-0l8), Specific Use Permit for the sale of alcoholic beverages at Southlake Tavern located at 2700 East Southlake Boulevard. Current Zoning: S-P-2 Generalized Site Plan District. SPIN Neighborhood #7. PUBLIC HEARING H. Consider SP05-090, Variance to Sign Ordinance No. 704-B for Southlake Tavern located at 2700 East Southlake Boulevard. I. Resolution No. 05-018, Adoption of the West Southlake Boulevard/Pearson; West Highland/North Peytonville; and the North Side (Areas B, E, and F) Area Plans as components of the Comprehensive Master Plan for the City of Southlake. PUBLIC HEARING I I. I I I I I I I I. I I I I I I I I. I City of Soutblake City Council meeting agenda April 19, 2005 Page 4 of 6 8. Ordinances, first readings, and related items: A. Ordinance No. 480-280a, 1st Reading (ZA04-047), Zoning Change and Concept Plan for Stonebridge Park located at 150-175 Stonebridge Lane, 2340 and 2350 West Southlake Boulevard. Current Zoning: S-P-2 Generalized Site Plan District. Requested Zoning: S-P-2 Generalized Site Plan District with 0-1 Office District and C-2 Local Retail Commercial District uses. SPIN Neighborhood #16. (If approved on first reading, the public hearing will be held May 3, 2005.) 9. Resolutions: (There are no items on this agenda.) 10. Other items for consideration: A. Authorize the City Manager to enter into a professional services agreement with MAXIMUS to conduct a management study of the Department of Public Works Operations Division. B. Consider 50th Anniversary Planning Committee. 11. Other items for discussion: (There are no items on this agenda.) 12. 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, April 15, 2005, by 6:00 p.m., pursuant to the Texas Government Code, Chapter 551. k ~ ............... ", . \TH '" , ~ IU ~ (j ~.. tOq......~~ ..", ,:;~.. ..#~~ ~o.. ...",,~ LOri A. Farwell, TRMC i.). f * \ ~ i City Secretary E !:oi :(1) i - . . .. ~ e. .. E ':. ... ..- $ If you plan to attend this public meeting aikl, ha\1t-ert1lSab(Jify that requires special needs, please advise the City Secretary's Office 48 how.5r,"~~ce at 817-481-1490 and reasonable accommodations will be made to assist you. I I. I I I I I I I I. I I I I I I I I. I , City of Southlake City Couneil meeting agenda April 19, 2005 Page 5 of6 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. City of South lake vs. Timarron et.al. May 2001. 2. Steve L. Perry and Aline Perry vs. City ofSouthlake. November 2003. 3. R.E. and Marilyn Smith vs. City of South lake. December 2003. 4. City of Southlake vs. Howard E. Carr, Jr. March 2004. 5. 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 ofSouthlake. July 2004. 6. Harold Sauls vs. Robert Welch, Alton Wells, Mike Berryhill, John Doe, and City ofSouthlake. March 2005. Section 551.072: Deliberation ree:ardine: real DrODertv The City Council may conduct a closed meeting to deliberate the purchase, exchange, lease or value of real property. Section 551.073: Deliberation ree:ardine: DrosDective e:ift 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 ree:ardine: Dersonnel 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 ree:ardine: security devices The City Council may deliberate the deployment, or specific occasions for implementation of security personnel or devices. Section 551.087: Deliberation ree:ardine: economic develoDment nee:otiations 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. I I. I I I I I I I I. I I I I I I I I. I City of Southlake City Couneil meeting agenda April!9, 200S Page 6 of6 Section 418.183(0: 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 meetine:s to discuss emere:encv manae:ement otans ree:ardine: oioeline 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.