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Agenda I- I. e I I I I I I I Ie I I I I I I I .e I CITY OF SOUTHLAKE REGULAR CITY COUNCIL MEETING: SEPTEMBER 6.2005 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 immediately followine: 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.l83(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 durine: the meetine: that a need arises for the City Council to seek advice from the City Attorney 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 Town Hall construction issues. b. Seek advice of the city attorney regarding underground utilities. c. Seek advice of the city attorney regarding drainage requirements for new development. d. Seek advice of the city attorney regarding Town Square, Grand Avenue Tri-Party Agreement and other related agreements. 2. Section 551.087: Deliberation ree:ardine: economic development nee:otiations 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 Polycystic Kidney Disease Awareness Month 2. Proclamation to Miss Rodeo Texas, Beth Murphy 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 6, 2005 Page 2 of7 B. City Manager's Report 1. Economic Development - Shopping and Dining Guide C. Library Board 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 August 16, 2005, special work session and regular City Council meeting and the August 23 and 30, 2005, City Council budget work seSSIOns. B. Resolution No. 05-041, amendment to the interlocal agreement between the County of Tarrant, County of Denton, State of Texas, City of Keller, Town of Westlake, and City of Southlake to reflect Tarrant County's agreement to contribute funds toward the engineering cost for FM 1938. C. Authorize the Mayor to execute a commercial developer's agreement for Lakeside Presbyterian Church, a 7.0135-acre tract located at 2701 West Southlake Boulevard. D. 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. THIS ITEM WILL BE TABLED TO THE SEPTEMBER 20, 2005, CITY COUNCIL MEETING. E. 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. TmS ITEM WILL BE TABLED TO THE SEPTEMBER 20, 2005, CITY COUNCIL MEETING. F. Consider excusing members of the City Council and of the Planning and Zoning Commission for absences from meetings. REGULAR AGENDA 6. Public Forum. I' Ie I I I I I I I Ie I I I I I I I Ie I City of Southlake City Council meeting agenda September 6, 2005 Page 3 of 7 7. Ordinances, second readings, public hearings, and related items: A. Consider placing a proposal to adopt a tax rate increase and hold a public hearing on the tax rate on the agenda of the September 20, 2005 regular City Council meeting. PUBLIC HEARING B. Approval of Southlake Crime Control and Prevention District FY 2005-06 Operating Budget and multi-year CIP. PUBLIC HEARING C. Ordinance No. 889, 1st Reading, Anpual budget for FY 2005-06 and revised budget figures for FY 2004-05 and multi-year CIP. FIRST PUBLIC HEARING D. Ordinance No. 890, 1st Reading, Tax levy ordinance. FIRST PUBLIC HEARING E. Ordinance No. 480-465, 2nd Reading (ZA05-062), Zoning Change and Site Plan for Noble Oaks Offices (f.k.a. Offices at Carroll Oaks) located at 1550 South Carroll Avenue. Current Zoning: SF-20A Single Family Residential District. Requested Zoning: S-P-l Detailed Site Plan District with 0-1 Office District uses. SPIN Neighborhood #8. PUBLIC HEARING F. Ordinance No. 480-442a, 2nd Reading (ZA05-072), Zoning Change and Site Plan for West Hill Place (f.k.a. Westwood Office Park) located at 31 00 West Southlake Boulevard. 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 #15. PUBLIC HEARING G. ZA05-073, Site Plan for Lot 3R, Block 5, Cornerstone Business Park, located at 415 South Nolen Drive. Current Zoning: S-P-2 Generalized Site Plan District. SPIN Neighborhood #7. PUBLIC HEARING H. ZA05-075, Revised Concept Plan for Lot 2, Block 19 and Lot 2, Block 22, Southlake Town Square, located at the northeast comer of Carroll Avenue and East Southlake Boulevard. Current Zoning: DT Downtown District. SPIN Neighborhood #8. PUBLIC HEARING I. ZA05-080, Revised Site Plan for Southlake Comers - Retail Building "H", being legally described as Lot 2A, Block 1, Farrar Addition, located at 260 North Kimball Avenue. Current Zoning: C-3 General Commercial District. SPIN Neighborhood #8. PUBLIC HEARING I I. .- I I I I I I Ie I I I I I I I .- I City of Soutblake City Council meeting agenda September 6, 2005 Page 4 of7 8. Ordinances, first readings, and related items: A. Ordinance No. 480-464, 1 st 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-l Detailed Site Plan with limited 0-1 Office District uses. SPIN Neighborhood #9E. (If approved on first reading, the public hearing will be held on September 20,2005.) B. Ordinance No. 530-B, 1st 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 is presumed abandoned and may be adopted without previous owner recourse. (If approved on first reading, the public hearing will be held on September 20, 2005.) 9. Resolutions: (There are no items on this agenda.) 10. Other items for consideration: A. Award bid for the construction of 2005 Pavement Management Application (PMA) streets, sidewalks, and drainage improvements to Reynolds Asphalt and allow construction phase contingencies. B. ZA05-078, Plat Revision for proposed Lots 2Rl and 2R2, Block 4, Cornerstone Business Park; being a replat of Lot 2R, Block 4, Cornerstone Business Park, located at the northwest comer of the intersection of South Nolen Drive and Exchange Boulevard. Current Zoning: 1-1 Light Industrial District SPIN Neighborhood #7. C. Consider SP05-218, Variance to Sign Ordinance No. 704-B for Dinner's Ready located at 2757 East Southlake Boulevard, Suite 100. D. Consider SP05-220, Variance to Sign Ordinance No. 704-B for 24-Hour Fitness located at 301 North Nolen Drive. E. Consider SP05-225, Variance to Sign Ordinance No. 704-B for 24-Hour Fitness located at 2315 East Southlake Boulevard, Suite 110. F. Consider Amendment Number One to Development Agreement with SLTS Grand Avenue, L.P. for public improvements to property within Reinvestment Zone Number One, City of Southlake. I I. I I I I I I I Ie I I I I I I I I. I City of Southlake City Councll meeting agenda September 6, 2005 Page 5 of7 G. Consider First Amendment to Parking Garage Property Operating Agreement with Town Square Ventures, L.P., Town Square Ventures II, L.P., SLTS Grand Avenue, L.P., and Southlake Town Square Association, Inc. H. Consider Amendment Number One to Economic Development Program Agreement with SLTS Grand Avenue, L.P. I. Consider Tri-Party Agreement between Inland Western Retail Real Estate Trust Inc., SLTS Grand Avenue, L.P., and the City ofSouthlake, Texas. J. Consider any action related to Hurricane Katrina issues. 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, Septem~~ihl,~,005, by 6:00 p.m., pursuant to the Texas Government Code, Chapter 551. ~~~~\~UTHL....~"'", ..~~ ~ .......~~ "l:. ~~.. .............. f 0..- '\ ~1. -.).. . . : ( hutlhdj)). ~~i .* LAS - ~ '0. .VI: Lvii A. FA! well, TRMG liRa \ ~. .: $ ~ ('I_....~.&... _ ,.. ..': ~ Se<'retary Citu ...:t:l:I~Ll. 0:." ............ ...:" o v '-" **~ ........ 'I, ~ ", II"...."".. If you plan to attend this public meeting and have a disability 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 Ie I I I I I I I I. I City of Soutblake City Council meeting agenda September 6, 2005 Page 6 of 7 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.a!. May 2001. 2. Steve L. Perry and Aline Perry vs. City of Southlake. 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 Southlake. 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 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 Ie I I I I I I I I. I . . City of Southlake City Council meeting agenda September 6, 2005 Page 7 of7 Section 418.183(n: 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 staffmg, 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 plans re2ardio2 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.