2006-02-07
CITY OF SOUTHLAKE
REGULAR CITY COUNCIL MEETING: FEBRUARY 7, 2006
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 following 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
exceptions, at the end of the Regular Session or at any time during the
meeting that a need arises for the City Council to seek advice from the City
Attorney as to the posted subject matter of this City Council meeting.
1. Section 551.071: Consultation with city attorney
a. R.E. and Marilyn Smith vs. City of Southlake.
b. Steve L. Perry and Aline Perry vs. City of Southlake.
2. Section 551.072: Deliberation regarding real property
a. Discuss the value of city-owned real property at the northeast
corner of Pearson Lane and F.M. 1709.
3. Section 551087• Deliberation regarding economic development
negotiations
a. Economic incentives for businesses.
B. Reconvene: Action necessary on items discussed in Executive Session.
3. INVOCATION: Margy Gore, Good Shepherd Catholic Church
4. REPORTS:
A. Mayor's Report
1. Proclamation to the Carroll Senior High School football team
2. Presentation from Verizon
B. City Manager's Report
City of Southlake
City Council meeting agenda
February 7, 2006
Page 2 of 7
C. School Board Reports
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 January 17, 2006, regular City Council meeting.
B. Consider excusing members of the City Council for absences from meetings.
C. Authorize the City Manager to enter into a professional services agreement with
Webb Watch for control assessment services.
D. Authorize the City Manager to enter into a professional services agreement with
Matrix Consulting Group to conduct a management study of the Department of
Community Services.
E. Appoint Robert H. Price, P.E., as Director of the Department of Public Works.
F. Resolution No. 06-010, Approve State Transportation Enhancement Program
(STEP) call for projects.
G. Approve a Commercial Developers Agreement for St. John's Missionary Baptist
Church, a 10.49-acre tract located on the southwest corner of South Kimball
Avenue and Crooked Lane.
H. Consider award of bid to North Texas Contracting, Inc., for the State Highway
114 at Dove Road water line reconstruction and Continental Boulevard water line
reconstruction.
1. Consider award of bid to TruGreen LandCare for State and City right-of-way
mowing.
J. Approve donation of art work from Dr. Ray Chancellor.
K. Resolution No. 06-009, Approve Settlement Agreement with TXU.
L. Ordinance No. 480-477, 1" Reading, (ZA05-149) Zoning Change for 680 East
Dove Road, being legally described as Tract 2BOlA, J.L. Chivers Survey,
Abstract No. 348. Current Zoning: AG Agricultural District. Requested Zoning:
City of Southlake
City Council meeting agenda
February 7, 2006
Page 3 of 7
SF-1A Single Family Residential District. SPIN Neighborhood #3. (If approved at
first reading, the public hearing will be held on February 21, 2006.)
M. ZA05-145, Revised Site Plan for Southlake Corners - McAlister's Deli located at
100 North Kimball Avenue, at the northwest corner of East Southlake Boulevard
and North Kimball Avenue. Current Zoning: C-3 General Commercial District.
SPIN Neighborhood #8. THIS ITEM HAS BEEN WITHDRAWN BY THE
APPLICANT.
N. Ordinance No. 585-C, 2„ d Reading, Tree Preservation Ordinance and Technical
Manual. THIS ITEM IS TABLED TO THE MARCH 7, 2006, CITY
COUNCIL MEETING.
0. ZA05-156, Site Plan for the Shops of Southlake - Building A3, located at the
southeast corner of East Southlake Boulevard and South Carroll Avenue. Current
Zoning: SP-2 Generalized Site Plan District. SPIN Neighborhood #8. PUBLIC
HEARING (Note: A variance to the maximum height of the acoustic wall located
near the southern property boundary may be considered in conjunction with this
site plan.) THIS ITEM HAS BEEN REQUESTED TO BE TABLED BY THE
APPLICANT TO THE FEBRUARY 21, 2006, CITY COUNCIL MEETING.
P. Consider Variance to the Noise Ordinance No. 778 as it pertains to certain
commercial operations of the proposed retail center known as the Shops of
Southlake located at the southeast corner of East Southlake Boulevard and South
Carroll Avenue. THIS ITEM IS TABLED TO THE FEBRUARY 21, 2006,
CITY COUNCIL MEETING.
Q. Award of bid to Structures and Interiors, Inc., for renovation of existing office
space at Southlake Town Hall, 1400 Main Street.
REGULAR AGENDA
6. Public Forum.
7. Ordinances, second readings, public hearings, and related items:
A. Ordinance No. 480-474, 2nd Reading, (ZA05-091) Zoning Change and Concept
Plan for Stonebridge Park Phase II, being approximately 12.27 acres located at
2502 West Southlake Boulevard. Current Zoning: AG Agricultural District.
Requested Zoning: S-P-2 Generalized Site Plan District. SPIN Neighborhood #15.
PUBLIC HEARING
B. ZA05-153, Site Plan for Vermilion Court Garden Offices located at 2900 West
Southlake Boulevard. Current Zoning: 0-1 Office District. SPIN Neighborhood
#15. PUBLIC HEARING
City of Southlake
City Council meeting agenda
February 7, 2006
Page 4 of 7
C. Resolution No. 06-008 (ZA05-159) Specific Use Permit renewing the worship
facility use for St. John's Missionary Baptist Church located at 2805 Market
Loop, Suite 300. Current Zoning: I-1 Light Industrial District. SPIN
Neighborhood #7. PUBLIC HEARING
D. Resolution No. 05-071 (ZA05-131) Specific Use Permit to allow sales from
kiosks on property located in the Grand Avenue District, Southlake Town Square;
described as Lots 4 and 5, Block 13, Southlake Town Square. Current Zoning: DT
Downtown District. SPIN Neighborhood #8. PUBLIC HEARING
E. ZA06-004, Plat Revision for proposed Blocks 3R2, 4R1, 12-14, 17 and 18,
Southlake Town Square; being a revision of Lot 3, Block 4R and Lot 2, Block
3R1, Southlake Town Square, Phase I and being portion of land in the Richard
Eads Survey, Abstract No. 481. The property is bounded by State Highway 114
on the north side and Southlake Town Square, Phase One, on the south side.
Current Zoning: DT Downtown District. SPIN Neighborhood #8.
F. Consider SP06-055, Variance to Sign Ordinance No. 704-B for Southlake Town
Square.
G. Consider SP06-056, Variance to Sign Ordinance No. 704-B for Southlake Town
Square, located at the northeast corner of East Southlake Boulevard and North
Carroll Avenue.
H. Consider landscape plan for Southlake Town Square Grand Avenue District, State
Highway 114 frontage.
1. Consider amending the Brownstones at Town Square, Phase I, Commercial
Developer Agreement.
8. Ordinances, first readings, and related items:
A. Ordinance No. 512-A, 1St Reading, Amending Ordinance No. 512 which levied
assessments for part of the cost of sanitary sewer improvements in Continental
Park Estates in the City of Southlake, Texas. (If approved at first reading, the
public hearing will be held on February 21, 2006)
9. Resolutions: (There are no items on this agenda.)
10. Other items for consideration:
A. Consider SP06-081, Conditional Sign Permit per Ordinance No. 704-B for Shops
of Southlake, located at the southeast corner of East Southlake Boulevard and
South Carroll Avenue.
City of Southlake
City Council meeting agenda
February 7, 2006
Page 5 of 7
B. Consider final design and cost for the public park proposed within the Shops of
Southlake development.
C. Resolution No. 06-003, Approving the terms and conditions of a program to
promote economic development and stimulate business and commercial activity
in the City and approving the form of certain declarations and restrictive
covenants affecting property the City anticipates accepting as a public park;
authorizing the Mayor to execute an agreement with Carroll/1709, LTD., a Texas
limited partnership, by Carroll/1709 One, L.C. a Texas limited liability company,
its General Partner, for such purposes; and providing an effective date.
D. Consider executing a Revised Commercial Developer's Agreement for Shops of
Southlake, a 29.3-acre development at the southeast corner of East Southlake
Boulevard and South Carroll Avenue.
E. Consider SP05-329, Variance to Sign Ordinance No. 704-B for Aventerra, located
at 500 West State Highway 114 and 100 East State Highway 114.
F. Consider SP05-384, Variance to Sign Ordinance No. 704-B for Shoe Pavilion,
located at 2727 East Southlake Boulevard.
G. Consider SP06-037, Variance to Sign Ordinance No. 704-B for Capital One,
located at 1110 East Southlake Boulevard.
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, February 3, 2006, by 6:00 p.m., pursuant to the
Texas Government Code, Chapter 551.
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Lori A. Farwell, TRMC
City Secretary
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If you plan to attend this public meeting arithba* t1dr1d $ility 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.
City of Southlake
City Council meeting agenda
February 7, 2006
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 Southlake vs. Timarron et.al. 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 regarding 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 regarding prospective gift 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 regarding 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 regarding security devices
The City Council may deliberate the deployment, or specific occasions for implementation of
security personnel or devices.
Section 551.087: Deliberation regarding economic development negotiations
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.
City of Southlake
City Council meeting agenda
February 7, 2006
Page 7 of 7
Section 418.183(f): 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 meetings to discuss emergency management plans
regarding 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.