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2005-09-20 I Ie I I I I I I I Ie I I I I I I I Ie I CITY OF SOUTHLAKE REGULAR CITY COUNCIL MEETING: SEPTEMBER 20.2005 LOCATION: 1400 Main Street, Southlake, Texas Council Chambers in Town Hall WORK SESSION: 5:30 to 6:00 P.M. 1. Calho 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 foOowin2 the work session 1. Calho 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 exceotions. at the end of the Ret!1Ilar Session or at any time durin2 the meetin2 that a need arises for the City Councll to seek advice from the City Attornev as to the oosted subiect matter of this City Councll meetin2. 1. Section 551.071: Consultation with attorney a. Steve L. Perry and Aline Perry vs. City of Southlake. b. Seek advice from city attorney regarding drainage issues on Ten Bar Trail. c. Seek advice from city attorney regarding the agreement with Greenway-Carroll Road Partners, L.P. 2. Section 551.087: Deliberation re2ardin2 economic develooment ne2otiations a. 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. Proclamation for Library Card Sign Up Month 2. Proclamation for National Alcohol and Drug Addiction Recovery Month B. City Manager's Report C. Local Business Report 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 September 20, 2005 Page 2 of7 D. 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. 5. Consent: A. Approve the minutes for the September 6, 2005, special City Council work session and for the regular City Council meeting. B. Award of a Request for Proposal for purchase of iSeries 520 to K.S2 Technologies in the amount of$61,327. C. 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. 889, 2nd Reading, Annual budget for FY 2005-06 and revised budget figures for FY 2004-05 and multi-year Capital Improvements Projects. SECOND PUBLIC HEARING B. Ordinance No. 890, 2nd Reading, Tax levy ordinance. SECOND PUBLIC HEARING C. Ordinance No. 530-B, 2nd Reading, Amending City Code, Chapter 4, "Animals", Section 4-98, "Procedures, Fees, Length of Stay, Redemption, and Disposal Policies," creating a presumption that if an animal impounded by the Department of Public Safety remains unclaimed by the owner for more than seven (7) days, it is presumed abandoned and may be adopted without previous owner recourse. PUBLIC HEARING D. Authorize the City Manager to enter into a professional agreement with Dr. Steve Ru~er, DVM, of Golden Triangle Animal Hospital to provide animal shelter SeIVlces. I I. I I I I I I I I. I I I I I I I I. I City of Southlake City Counell meeting agenda September 20, 2005 Page 3 of 7 E. Ordinance No. 480-464, 2nd Reading (ZA05-050), Zoning Change and Site Plan for Baylor Family Health Center at Southlake, located on the south side of East Southlake Boulevard, approximately 550 feet east of Byron Nelson Parkway. Current Zoning: 0-1 Office District. Requested Zoning: S-P-I Detailed Site Plan with limited 0-1 Office District uses. SPIN Neighborhood #9E. PUBLIC HEARING F. ZA05-080, Revised Site Plan for Southlake Comers - Retail Building "H", being legally described as Lot 2A, Block I, Farrar Addition, located at 260 North Kimball Avenue. Current Zoning: C-3 General Commercial District. SPIN Neighborhood #8. PUBLIC HEARING G. ZA05-086, Site Plan for Lot 3, Players Circle Addition, located on .the south side of West Southlake Boulevard at the intersection of West Southlake Boulevard and Meadowlark Lane. Current Zoning: C-3 General Commercial District. SPIN Neighborhood #16. PUBLIC HEARING H. Consider SP05-210, Conditional sign permit for Players Circle Addition located at 1900 West Southlake Boulevard. I. Ordinance No. 480-BBB, 2nd Reading, An amendment to the Comprehensive Zoning Ordinance No. 480, as amended, as it pertains to the creation of the Transition District. PUBLIC HEARING J. Ordinance No. 480-CCC, 2nd Reading, An amendment to the Comprehensive Zoning Ordinance No. 480, as amended, as it pertains to the creation of the Rural Conservation Subdivision District. PUBLIC HEARING K. Resolution No. 05-032, Adoption of the Parks, Recreation and Open Space Master Plan as a Component of the Southlake 2025 Plan, the Comprehensive Master Plan for the City of Southlake. PUBLIC HEARING L. Resolution No. 05-033, Adoption of the Southlake Pathways (The Trail System Master Plan) as a Component of the Southlake 2025 Plan, the Comprehensive Master Plan for the City of Southlake. PUBLIC HEARING 8. Ordinances, first readings, and related items: A. Ordinance No. 480-451, 1st Reading (ZA04-lOl), Zoning Change for Tracts IAIA2 and lAIA2D, B.J. Foster Survey, Abstract No. 519, 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. (If approved on first reading, the public hearing will be held on October 4, 2005.) I I. I I I I I I I I. I I I I I I I I. I City of Southlake City Counell meeting agenda September 20, 2005 Page 4 0(7 B. Ordinance No. 480-466, 1 st Reading (ZA05-051), Zoning Change and Concept Plan for Oak Pointe Phase 2, being Lots 4 and 5 Joel W. Chivers No. 350 Addition, located at 2660 Ridgecrest Drive. Current Zoning AG Agricultural District. Requested Zoning: SF-20A Single Family Residential District. SPIN Neighborhood #3. (If approved on first reading, the public hearing will be held on October 4, 2005.) C. Ordinance No. 480-467, 1 st Reading (ZA05-079), Zoning Change and Site Plan for Lot 13R2, F. Throop No. 1511 Addition, located at 1301 North Carroll Avenue on the northeast comer of North Carroll Avenue and East Highland Street. Current Zoning: CS Community Service District. Requested Zoning: S-P- 1 Detailed Site Plan District with 0-1 Office District uses. SPIN Neighborhood #5. (If approved on first reading, the public hearing will be held on October 4, 2005. ) D. Ordinance No. 891, 1st Reading, Changing the street name of the portion of "Chapel Downs Drive West" located to the west of White Chapel Boulevard to "West Chapel Downs Drive" and changing the name of the portion of "Chapel Downs Drive" located to the east of White Chapel Boulevard to "East Chapel Downs Drive." (If approved on first reading, the public hearing will be held on October 4, 2005.) 9. Resolutions: (There are no items on this agenda.) 10. Other items for consideration: A. ZA05-074, Preliminary Plat for The Reserve at Southlake being approximately 30 acres located on the west side of Sunshine Lane, approximately 2,269 feet north of East Highland Street. Current Zoning: SF-IA Single Family Residential District. SPIN Neighborhood #5. B. Consider SP05-226, Variance to Sign Ordinance No. 704-B for Cici's Pizza, located at 3300 East State Highway 114, Suite 126. C. Consider any action related to Hurricane Katrina issues. 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 Soutblake City CouneD meeting agenda September 20, 2005 Page 5 of7 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, September 16, 2005, by 6:00 p.m., pursuant to the Texas Government Code, Chapter 551. ,,,,",,,, ", 'I, ....'" cU THLA ~""'" J.ou ~ ..' 'iI .....~-'> . (J .:- ~ .. ..... ~ ~ i 0..- '- ~1. :),..: . ,: - . . - Lori A. Farwell, TRMC ~ 5 i * : <<>> i C. S : \ I ~ Ity ecretary ~ ... ". i ~ e. .. 'It " ........ ~ ',- ~.. If you plan to attend this public meeting and ~*it~1iity 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. 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 September 20, 2005 Page 6 of7 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 ofSouthlake 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. CityofSouthlake. 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 ofSouthlake. July 2004. 5. Harold Sauls vs. Robert Welch, Alton Wells, Mike Berryhill, John Doe, and City of Southlake. March 2005. Section 551.072: Deliberation re2ardin2 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 reeardin2 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 re2ardin2 oenonnel matten 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 reeardin2 security devices The City Council may deliberate the deployment, or specific occasions for implementation of security personnel or devices. Section 551.087: Deliberation reeardin2 economic develooment neeotiations 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 f' I City of Southlake City Council meeting agenda September 20, 2005 Page 7 of7 Section 418.183(f): 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) & (e): Local meetine:s to discuss emere:encv manae:ement Dlans ree:ardine: DiDeline 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.