2005-09-20
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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
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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.
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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.)
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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.
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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. ,,,,",,,,
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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.
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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.
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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.