2005-01-04
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CITY OF SOUTHLAKE
REGULAR CITY COUNCIL MEETING: JANUARY 4.2005
LOCATION:
1400 Main Street, Southlake, Texas
Council Chambers in Town Hall
WORK SESSION: 5:30 to 6:00 P.M.
1. Cal1to 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 followin2 the work session
1. Cal1to 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 meetin2 that a need arises for the City Council to seek
advice from the City Attornev as to the oosted subject matter of this
City Council meetin2.
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 in
property values based upon tax exempt status.
c. Architectural Utilities Limited Partnership dba AU!
General Contractors vs. City of Southlake.
d. Seek advice of the city attorney regarding claim made by
Schmeidel family.
e. Steve L. Perry and Aline Perry vs. City of Southlake.
2. Section 551.072: Deliberation re2ardin2 real orooertv
a. Discuss the value of city-owned real property at the
southeast comer of Pearson Lane and Jordan Drive.
3. Section 551.074: Deliberation re2ardin2 oersonnel matters
a. Deliberate the appointment, employment, evaluation,
reassignment, duties, discipline, or dismissal of the City
Manager and the City Secretary.
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City of Southlake
City Council meeting agenda
January 4, 2005
Page 2 of6
b. Deliberate the appointment of an Alternate Municipal
Judge.
4. 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: Bill Ramsey, Met Church
4. REPORTS:
A. Mayor's Report
1. Proclamation to Carroll Senior High School football team
2. Proclamation in memory of Coach Charlie Stalcup
B. City Manager's Report
C. SPIN Board Report
D. Library Board Report
E. Park and Recreation Board Report
1. Presentation of TRAPS "Advocate of the Year" Awarded to the
Liberty Garden Committee
2. Sister Cities presentation of gifts
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 the minutes for the December 7, 2004, regular City Council
meeting.
B. Authorize the City Manager to enter into a settlement agreement with
Architectural Utilities Limited Partnership dba AU! General Contractors.
REGULAR AGENDA
6. Public Forum.
7. Ordinances, second readings, public hearings, and related items:
A. ZA04-063, Revised Development Plan for Pecan Creek, Lot 2R, Block 60,
Timarron Addition Phase 5, located on the east side of the 200 block of
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City of Southlake
City Council meeting agenda
January 4, 2005
Page 3 of6
Byron Nelson Parkway approximately 500 feet south of East Southlake
Boulevard. Current Zoning: R-PUD Residential Planned Unit
Development District. SPIN Neighborhood #ge. PUBLIC HEARING
8. Ordinances, first readings, and related items:
A. Ordinance No. 480-446, (ZA04-044), 1st Reading, Zoning Change and
Concept Plan for Kimball Estates located at 1470 North Kimball Avenue.
Current Zoning: SF-IA Single Family Residential District. Requested
Zoning: SF-20A Single Family Residential District. SPIN Neighborhood
#5. THIS ITEM HAS BEEN TABLED TO THE JANUARY 18, 2005,
CITY COUNCIL MEETING.
B. Ordinance No. 480-450, (ZA04-086), 1 st Reading, Zoning Change for
1280 Sunshine Lane. Current Zoning: AG Agricultural District. Requested
Zoning: SF-IA Single Family Residential District. SPIN Neighborhood
#3. (If approved on first reading, the public hearing will be held January
18, 2005.)
C. Ordinance No. 882, 1 st Reading, Appointing an Alternate Municipal Judge
and authorizing the Mayor to execute an agreement with the Alternate
Municipal Judge and providing an effective date. (If approved on first
reading, the public hearing will be held January 18, 2005.)
9. Resolutions:
A. Resolution No. 05-001, Appointing a Chairperson of the Board of
Directors of Tax Increment Reinvestment Zone Number One.
B. Resolution No. 05-002, Authorizing the City's intervention before the
Railroad Commission of Texas regarding the filing of a gas cost prudence
review by Atmos Energy Corporation, formerly TXU Gas Company;
designating a representative of the City to serve on a steering committee;
and requiring reimbursement of reasonable legal and consultant expenses.
C. Resolution No. 05-003, Suspending an interim rate adjustment proposed
by Atmos Energy Corporation, formerly TXU Gas Company; authorizing
participation in a steering committee to review the proposed rate increase
and recommend further action related to the proposed rate increase;
designating a representative of the City to serve on the steering committee;
authorizing intervention in any proceedings related to the proposed rate
increase; and requiring reimbursement of reasonable legal and consultant
expenses.
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City of Southlake
City Council meeting agenda
January 4, 2005
Page 4 of6
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. Authorize the City Manager to enter into an interlocal agreement between
the Town of Highland Park and the City of Southlake regarding the use of
a shared radio frequency.
C. ZA04-093, Revised Preliminary Plat for Block 2, Gateway Plaza Phase II.
The property is bounded by State Highway 114 on the north side, East
Southlake Boulevard on the south side and North Nolen Drive on the west
side. Current Zoning: S-P-2 Generalized Site Plan District.
D. ZA04-096, Plat Revision for Lots IRI & IR2, Block 1, Bonola Family
Addition; being a revision of Lot 1, Block 1, Bonola Family Addition. The
property is located on the north side of State Highway 114, approximately
800 feet east of Shady Lane. Current Zoning: C-3 General Commercial
District.
E. Consider SP04-252, Variance to the Sign Ordinance 704-B for Crystal
Clear Wireless located at 2301 West Southlake Boulevard, Suite 200.
F. Consider SP04-215, Variance to the Sign Ordinance 704-B for Albertson's
located at 2201 West Southlake Boulevard.
G. Consider SP04-13I, Variance to the Sign Ordinance 704-B for La Petite
Academy located at 1400 West 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 Thursday, December 30, 2004, by 6:00
p.m., pursuant to ~ COde,.Chapter 551.
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Lon A. Farwell, T i 0 l * \ ""'~\
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Ity ecretary :....:: :
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If you plan to attend this public meeting antf.Joav~4.dis(il>>fity lIat requires special needs, please
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advise the City Secretary's Office 48 hour~"jlJ. ~~'''at 817-481-1490 and reasonable
accommodations will be made to assist you. ""'111"1'"
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City of Southlake
City Council meeting agenda
January 4, 2005
Page 5 of6
EXECUTIVE SESSION
Section 551.071: Consultation with attornev
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. Steve L. Perry and Aline Perry vs. City of South lake. November 2003.
4. R.E. and Marilyn Smith vs. City ofSouthlake. December 2003.
5. City of Southlake vs. Howard E. Carr, Jr. March 2004.
6. 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.
Section 551.072: Deliberation re2ardin2 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 re2ardin2 orosoective 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 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 securitv devices
The City Council may deliberate the deployment, or specific occasions for
implementation of security personnel or devices.
Section 551.087: Deliberation re2ardin2 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.
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City of Southlake
City Council meeting agenda
January 4, 2005
Page 60f6
Section 418.183(0: 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(dl & (el: Local meetin2s to discuss emer2encv mana2ement olans
re2ardin2 oioeline 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.