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2005-08-02 I I. I I I I I I I Ie I I I I I I II I I I I- ii I CITY OF SOUTHLAKE REGULAR CITY COUNCIL MEETING: AUGUST 2. 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 foUowme: 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(t), 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 Ree:ular Session or at any time durme: the meetine: that a need arises for the City Council to seek advice from the City Attornev as to the posted subiect matter of this City Council meetine:. 1. Section 551.071: Consultation with attorney a. Seek advice of the city attorney regarding Gifford CourtJEnterprise Drive issues. 2. Section 551.087: Deliberation ree:ardme: economic development nee:otiations a. Consider amendments to incentives, development and related agreements regarding Town Square, Grand Avenue Addition b. Economic incentives for businesses. B. Reconvene: Action necessary on items discussed in Executive Session. 3. INVOCATION: David Whitington, Christ Our King Church 4. REPORTS: A. Mayor's Report 1. Dedication of new fire truck 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 August 2, 2005 Page 2 of8 B. City Manager's Report C. School Board Reports 1. Carroll Independent School District 2. Grapevine/Colleyville Independent School District 3. Keller Independent School District 4. Northwest Independent School District 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 July 19,2005, regular City Council meeting. B. Resolution No. 05-039, appointments to the SPIN Standing Committee. C. Approve the tax collection agreement with Tarrant County. D. Authorize the Mayor to execute a lease agreement with Cingular for the placement of wireless communication antennas on the Bicentennial Park water tower. E. Reject all bids for "2005 Water System Improvements" for the construction of a I.S million gallon elevated water storage tank and repainting of the 5 million gallon ground storage tank at Pearson Pump Station. F. Consider request for funding for Liberty Garden Phase II to include SPDC Matching Funds and other funding sources. G. Resolution No. OS-038, requesting the widening of White Chapel Boulevard and the construction of trails along the roadway be included as a project in the Tarrant County 2006 Transportation Bond Program. H. Resolution No. 05-040, requesting the construction of the FM 1709/Pearson Lane/Union Church Road intersection be included as a project in the 2006 Tarrant County Transportation Bond Program. I. ZA05-037, Plat Revision for proposed Lots SRI through SR3, T.M. Hood No. 706 Addition, being a revision of Lot S, T.M. Hood No. 706 Addition. 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 August 2, 2005 Page 3 of8 The property is located at 331 West Highland Street. Current Zoning: SF- lA Single Family Residential District. SPIN Neighborhood #10. J. Ordinance No. 480-451, 1st Reading (ZA04-101), Zoning Change for Tracts lAIA2 and lAIA2D, B.J. Foster Survey, Abstract No. 519. The property is located on the north side of Gifford Court, approximately 300 feet east of Randol Mill Avenue. Current Zoning: AG Agricultural District. Requested Zoning: SF-IA Single Family Residential District. SPIN Neighborhood #12. THIS ITEM WILL BE TABLED TO THE AUGUST 16, 2005 CITY COUNCIL MEETING. K. 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. Resolution 05-026, Adoption of the Consolidated Future Land Use Plan as a component of The Southlake 2025 Plan, The Comprehensive Master Plan for the City of Southlake. PUBLIC HEARING B. Ordinance No. 480-461, 2nd Reading, (ZA05-048) Zoning Change and Concept Plan for Sandlin Manor, on property being approximately 14.25 acres and being legally described as Lot 1, Block 1, Sandlin Estates. The property is located at 400 Chapel Downs Drive West. Current Zoning: AG Agricultural District. Requested Zoning: SF-20A Single Family Residential District. Spin Neighborhood #10. PUBLIC HEARING C. ZA05-049, Preliminary Plat for proposed Sandlin Manor, being a replat of Lot 1, Block 1, Sandlin Estates. The property is located at 400 Chapel Downs Drive West. Current Zoning: AG Agricultural District. Proposed Zoning: SF-20A Single Family Residential District. SPIN Neighborhood #10. D. Ordinance No. 480-462, 2nd Reading, (ZA05-058), Zoning Change and Development Plan for The Cliffs; being Tracts IB and lA, W. Mills Survey, Abstract No. 1086; Tract 3, W. Mills Survey, Abstract No. 877D; Tract 2, W. Medlin Survey, Abstract No. 1958; and Tract 4, W. Medlin Survey, Abstract No. 1588D, located on the west side of the 3800 block of North White Chapel Boulevard and the east side of the 3900 block of T.W. King Road. Current Zoning: AG Agricultural District. Requested Zoning: R-PUD Residential Planned Unit Development District. SPIN Neighborhood #1. PUBLIC HEARING 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 August 2, 2005 Page 4 of 8 E. ZA05-059, Preliminary Plat for proposed The Cliffs; being Tracts IB and lA, W. Mills Survey, Abstract No. 1086; Tract 3, W. Mills Survey, Abstract No. 877D; Tract 2, W. Medlin Survey, Abstract No. 1958; and Tract 4, W. Medlin Survey, Abstract No. 1588D, located on the west side of the 3800 block of North White Chapel Boulevard and the east side of the 3900 block of T.W. King Road. Current Zoning: AG Agricultural District. Proposed Zoning: R-PUD Residential Planned Unit Development District. SPIN Neighborhood #1. F. Ordinance No. 480-463, 2nd Reading, (ZA05-063) Zoning Change and Development Plan for Estes Park Phase IV; being Lot 1, Block 1, Larkin H. Chivers No. 300 Addition; Lots 1 and 2, Block 1, CallicottJRhodes Farms; and Tracts lA3, IB3A, and IB3B, A. Chivers Survey, Abstract No. 300, located approximately 405 feet east of the southeast comer of East Dove Road and North White Chapel Boulevard. Current Zoning: RE Residential Estate District, AG Agricultural District and SF-IA Single Family Residential District. Requested Zoning: R-PUD Residential Planned Unit Development District. SPIN Neighborhood #5. PUBLIC HEARING G. ZA05-064, Preliminary Plat for proposed Estes Park Phase IV; being Lot 1, Block 1, Larkin H. Chivers No. 300 Addition; Lots 1 and 2, Block 1, CallicottJRhodes Farms; and Tracts lA3, IB3A, and IB3B, A. Chivers Survey, Abstract No. 300, located approximately 405 feet east of the southeast comer of East Dove Road and North White Chapel Boulevard. Current Zoning: RE Residential Estate District, AG Agricultural District, and SF-IA Single Family Residential District. Proposed Zoning: R-PUD Residential Planned Unit Development District. SPIN Neighborhood #5. H. Ordinance No. 480-445a, 2nd Reading, (ZA05-070) Zoning Change and Site Plan for Shady Oaks Offices located at 600 - 660 West Southlake Boulevard; being at the northwest comer of the intersection of West Southlake Boulevard and Shady Oaks Road. Current Zoning: S-P-l Detailed Site Plan District with 0-1 Office District uses. Requested Zoning: S-P-l Detailed Site Plan District with 0-1 Office District uses. SPIN Neighborhood #12. PUBLIC HEARING 8. Ordinances, first readings, and related items: A. Ordinance No. 480-424a, 18t Reading, (ZA05-012), Zoning Change and Site Plan for White Chapel Plaza Office Park; located at 1310 North White Chapel Boulevard. Current Zoning: S-P-l Detailed Site Plan District with 0-1 Office District uses. Requested Zoning: S-P-I Detailed Site Plan District with 0-1 Office District uses. SPIN Neighborhood #11. (If 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 August 2, 2005 Page 50f8 approved on first reading, the public hearing will be held on August 16, 2005.) 9. Resolutions: (There are no items on this agenda.) 10. Other items for consideration: A. Consider SP05-176, Variance to the Sign Ordinance No. 704-B for Taco Bueno located at 2305 East Southlake Boulevard. B. Consider SP05-168, Amendment to Conditional Sign Permit for Gateway Plaza, Phase 1, located on the north side of East Southlake Boulevard at the intersection of Gateway Drive. C. ZA05-044, Plat Revision for Lots 2R and 4, Block 1, Pecan Creek; being a revision of Lot 2, Block 1, Pecan Creek, and portions of the previously existing DUg Place, located on the south side of East Southlake Boulevard, approximately 550 feet east of Byron Nelson Parkway; 155 Pecan Creek. Current Zoning: 0-1 Office District. SPIN Neighborhood #ge. D. ZA05-045, Plat Revision for Lots 2R1, 3R1 and 3R2, Block 60, Timarron Addition, Phase 5; being a revision of Lots 2R and 3R, Block 60, Timarron Addition, Phase 5, located at the southeast comer of East Southlake Boulevard and Byron Nelson Parkway; 611 through 641 East Southlake Boulevard and 409 Byron Nelson Parkway. Current Zoning: R- PUD Residential Planned Unit Development District. SPIN Neighborhood #ge. E. Consider approval of an emergency purchase of SCADA software and radio equipment in support of water and sewer operation facilities citywide. F. Consider awarding of bid for construction of South1ake Wireless Pilot Project to Redmoon Broadband. 11. Other items for discussion: (There are no items on this agenda.) 12. Meeting adjourned. 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 August 2, 2005 Page 6 of 8 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, July 29, 2005, by 6:00 p.m., pursuant to the Texas Government Code, Chapter 551. ll"U"'''''l ",-"" . 'TH~"'" ",," ,U "" ~"~~~......"-' i~ ~ .. .. -.....~ it. :>0.. ~...--. 1:>.1 * \~\ LOli A. FM'"l;ell, TRMC Gra. "BbIti !: i j ~ I City 8eeretm., ~n. ,-h, Cifu~.ett~fi" .. ./ } ~..-wI~ v ' e. ._ ~ ., ........ ~ If you plan to attend this public meeting ~h"'. (/i.fi1T,ility that requires special needs, please d. h' 'Offi h 11"""",, d a Vlse t e Clty Secretary s lce 48 ours In a vance at 817-748-8016 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 Council meeting agenda August 2, 2005 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 ofthe State Board of Texas clearly conflicts with Chapter 551. This includes the following pending and/or contemplated litigation subjects: I. City of Southlake vs. Timarron et.al. May 200 I. 2. Steve L. Perry and Aline Perry vs. City of South lake. November 2003. 3. R.E. and Marilyn Smith vs. City of Southlake. December 2003. 4. 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 South lake. July 2004. 5. Harold Sauls vs. Robert Welch, Alton Wells, Mike Berryhill, John Doe, and City of Southlake. March 2005. Section 551.072: Deliberation ree:ardine: 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:ardine: prospective 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: 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 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 development 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. ~ City of Southlake City Council meeting agenda August 2, 2005 Page 8 of8 Section 418.183lfl: 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 418.106ld) & le): Local meetin2s to discuss emer2encv mana2ement plans re2ardin2 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.