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2004-09-07 :1 I II . I I I I I I I I. I I I I I I I. I I " . CITY OF SOUTHLAKE REGULAR CITY COUNCIL MEETING: SEPTEMBER 7.2004 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 foUowin2 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 exceotions. at the end of the Re2ular Session or at any time durin2 the meetln2 that a need arises for the City CouncD to seek advice from the City Attornev as to the oosted subiect matter of this City Council meetln2. 1. Section 551.071: Consultation with attorney a. Seek advice of the city attorney regarding water back billing. b. Seek advice of the city attorney regarding changes to Comprehensive Zoning Ordinance No. 480. c. Seek advice of the city attorney regarding changes m property values based upon tax exempt status. d. Seek advice of the city attorney regarding election of board of directors of the Parks and Recreation Board. 2. Section 551.072: Deliberation re2ardin2 real orooertv a. Acquisition of property for park use. 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: Cornerstone Bible Church I I. I I I I I I I Ie I I I I I I I. I I City of SouthIake City Council meeting agenda September 7, 2004 Page 2 of7 4. REPORTS: A. Mayor's Report 1. Proclamation for Polycystic Kidney Disease Awareness Month B. City Manager's Report 1. Southlake Mounted Patrol C. SPIN Board Report D. Library Board Report E. Park and Recreation Board Report F. 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 minutes for the July 28, 2004, City Council work session; the August 17, 2004, regular City Council meeting; the August 17, 2004, City Council work session; the August 24, 2004, City Council budget work session; and the August 31, 2004, special City Council meeting. B. Approve the contract with Tarrant County for assessment and collection services for ad valorem taxes. C. Resolution No. 04-063, Appointments to the SPIN Standing Committee. D. Resolution No. 04-064, Appointment of Laura Hill and John Nussrallah to the Board of Directors for Tax Increment Reinvestment Zone Number One, City of Southlake, Texas. E. Authorize the City Manager to enter into a contract for the purchase of approximately 6.849 acres of park land at 315 and 379 Shady Oaks Drive. REGULAR AGENDA 6. Public Forum. 7. Ordinances, second readings, public hearings, and related items: A. Approval of Southlake Crime Control and Prevention District FY 2004-05 Operating Budget and multi-year CIP. 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 September 7, 2004 Page 3 of7 B. Ordinance No. 878, 1 st Reading, Annual Budget for FY 2004-05 and revised budget figures for FY 2003-04 and multi-year CIP. FIRST PUBLIC HEARING C. Ordinance No. 879, 1 st Reading, Tax Levy Ordinance. FIRST PUBLIC HEARING D. Ordinance No. 480-YY, 2nd Reading, An Amendment to the Comprehensive Zoning Ordinance No. 480, Section 4, Definitions and Section 45, Specific Use Permits, as amended, pertaining to petroleum operations, oil and natural gas drilling and production. PUBLIC HEARING E. Ordinance No. 480-444, 2nd Reading (ZA04-039) Zoning Change and Site Plan for Cedar Ridge Offices. The property is located on the northwest comer of State Highway 114 and North Carroll Avenue. Current Zoning: C-3 General Commercial District. Requested Zoning: S-P-1 Detailed Site Plan District. SPIN Neighborhood #6. PUBLIC HEARING F. ZA04-059, Site Plan for Proposed Lot 5, Cedar Ridge, on property located on the northwest comer of State Highway 114 and North Carroll Avenue, south of Highland Street. Current Zoning: C-3 General Commercial District. SPIN Neighborhood #6. PUBLIC HEARING G. ZA04-040, Plat Revision for Lots 1R1 through 1R7, Block A, 114 & Carroll Addition, located on the northwest comer of State Highway 114 and North Carroll Avenue. Current Zoning: C-3 General Commercial District. Proposed Zoning: S-P-1 Detailed Site Plan District. SPIN Neighborhood #6. H. Ordinance No. 480-443, 2nd Reading (ZA04-026) Zoning Change and Site Plan for Carroll Terrace, located at 600 North Carroll Avenue. Current Zoning: 0-1 Office District. Requested Zoning: S-P-1 Detailed Site Plan District. SPIN Neighborhood #10. PUBLIC HEARING I. ZA04-024, Preliminary Plat for Carroll Terrace, located at 600 North Carroll Avenue. Current Zoning: 0-1 Office District. Requested Zoning: S-P-1 Detailed Site Plan District. SPIN Neighborhood #10. J. Ordinance No. 480-445, 2nd Reading (ZA04-043) Zoning Change and Site Plan for Shady Oaks Office, located on the northwest comer of the intersection of West Southlake Boulevard and Shady Oaks Drive. The property address is 606 West Southlake Boulevard. Current Zoning: AG Agricultural District. Requested Zoning: S-P-1 Detailed Site Plan District. SPIN Neighborhood #13. PUBLIC HEARING I I. I I I I I I I Ie I I I I I I I. I I City of Southlake City Couneil meeting agenda September 7, 2004 Page 4 of 7 8. Ordinances, first readings, and related items: (There are no items on this agenda.) 9. Resolutions: A. Resolution No. 04-060, Authorize the Mayor to execute quitclaim deeds for drainage and utility easement abandonments on Lots 17 & 18, Block I, Oakwood Estates, Phase II. 10. Other items for consideration: A. Consider excusing members of the City Council and of the Planning and Zoning Commission for absences from meetings. B. Approve renewal of contract with Aetna for employee medical and dental benefits. C. ZA04-057, Revised Preliminary Plat for Block 22, Southlake Town Square, located at 1500 East Southlake Boulevard. Current Zoning: DT Downtown District. SPIN Neighborhood #8. D. Consider SP04-178, Variance to Sign Ordinance No. 704-B, Maverick Commercial Real Estate, located at 1680-1750 East State Highway 114 (westbound access road). E. Consider SP04-181, Amendment to Gateway Plaza, Phase I Conditional Sign Permit, for Shogun restaurant, located at 2790 East Southlake Boulevard. F. Consider SP04-185, Variance to Sign Ordinance No. 704-B, Offices at Byron Nelson, located at 630 East Southlake Boulevard. G. Consider SP04-186, Variance to Sign Ordinance No. 704-B, Slender Lady, located at 1101 East State Highway 114, Suite 114 (Carroll Oaks Shopping Center). 11. Other items for discussion: A. Cable Franchise Agreement negotiations with Verizon. B. Southlake Town Square development. 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 Councll meeting agenda September 7, 2004 Page S 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 3, 2004, by 6:00 p.m., pursuant to the Texas Government Code, Chapter 551. "'"'''''''''' ..." , 'TH I,," ......... ~ou L~ :"'#. ~' L~ ";;J ........;;~~ ~ ~ d' .. .."- ~ ~.- ..... ~ :~: * \~: :1-: ;~: .-. . - .0. · . :. · .'Ift. = ; '. .,v"E ~ e. .. ~ "" ............ ,$ lfyou plan to attend this public meeting aftd,~. di~Jility that requires special needs, please d. h C' Offi h "'''j1.'"''~. 1 d bl a vIse t e lty Secretary's Ice 48 ours In auvance at 817-481- 490 an reasona e accommodations will be made to assist you. Iw- () ~j) Lori A. Farwell, TRMC City Secretary 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 7, 2004 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 of Southlake vs. Timarron et.al. May 2001. 2. Architectural Utilities Limited Partnership dba AU! General Contractors vs. City of South lake. March 2003. 3. Marpave, Inc., vs. City of Southlake. November 2003. 4. Steve L. Perry and Aline Perry vs. City of South lake. November 2003. 5. R.E. and Marilyn Smith vs. City ofSouthlake. December 2003. 6. City of Southlake vs. Howard E. Carr, Jr. March 2004. 7. 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. Section 551.072: Deliberation reflardinfl real orooertv The City Council may conduct a closed meeting to deliberate the purchase, exchange, lease or value of real property. Section 551.073: Deliberation reflardinfl orosoective flirt 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 oersonnel 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 re2ardin2 security devices The City Council may deliberate the deployment, or specific occasions for implementation of security personnel or devices. Section 551.087: Deliberation re2ardinfl economic develooment 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. I ,I I I I I I I- I I I I I I II .. I City of Southlake City Councll meeting agenda September 7, 2004 Page 7 of7 Section 418.183(fl: 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 meetin2s to discuss emer2encv mana2ement Dlans re2ardin2 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.