2005-03-15
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CITY OF SOUTHLAKE
REGULAR CITY COUNCIL MEETING: MARCH 15.2005
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 immediatelv followin2 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(t), and 418.106(d) & (e). Refer to posted list
attached hereto and incorporated herein. Executive Session m.v be held.
under these exceotions. at the end of the Re2ular Session or at any
time during the meetin2 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 meetin2.
1. Section 551.071: Consultation with attorney
a. Seek advice of the city attorney regarding changes m
property values based upon tax exempt status.
b. Seek advice of the city attorney regarding Public Works
investigation.
c. Seek advice of the city attorney regarding the Economic
Development Program Agreement between Southlake
Phoenix Homes, Ltd. and the City of Southlake.
d. R.E. and Marilyn Smith vs. City of Southlake.
2. 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: Bill Ramsey, The Met Church
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City of Soutblake
City Council meeting agenda
March 15, 2005
Page 2 of6
4. REPORTS:
A. Mayor's Report
B. City Manager's Report
C. Financial Report
D. 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
Counci/member 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 March 1,2005, regular City Council meeting.
B. Authorize the Mayor to execute a non-exclusive license agreement with
Wil- Tel Communications for the installation of fiber optic cable in park
property.
C. Authorize the Mayor to execute the Commercial Developer Agreement for
Wyndham Plaza 24 Hour Fitness, a 5.54 acre tract located on the east side
of North Nolen Drive between FM 1709 and SH 114.
D. Consider SP05-017, Variance to the Sign Ordinance No. 704-B for
Hibernia Bank located at 1110 East Southlake Boulevard. THIS ITEM
HAS BEEN WImDRA WN BY THE APPLICANT.
E. Ordinance No. 480-451, 15t Reading (ZA04-1 0 I), Zoning Change for
Tracts IAIA2, and IAIA2D, B.J. Foster Survey, Abstract No. 519. The
property is located on the north side of Gifford Court, approximately 300
feet east of Randol Mill Avenue. Current Zoning is AG Agricultural
District. Requested Zoning is SF-IA Single Family Residential District.
SPIN Neighborhood #12. THE APPLICANT HAS REQUESTED TO
TABLE THIS ITEM UNTIL THE APRIL 5,2005, 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.
7. Ordinances, second readings, public hearings, and related items:
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City of Southlake
City Council meeting agenda
March 15, 2005
Page 3 of6
A. Resolution No. 05-006, Adoption of the South Side Plan Area Study
(Areas C, D, G, and H) as a component of the Southlake 2025 Plan, the
Comprehensive Master Plan for the City of Southlake. PUBLIC
HEARING
B. Resolution No. 05-014, (ZA05-003), Specific Use Permit for outside sales
or service to allow a sno-cone stand for the months of April through
September on property located at 2199 East Dove Road. Current Zoning:
C-l Neighborhood Commercial District. SPIN Neighborhood #5.
PUBLIC HEARING
C. Resolution No. 05-015, (ZA05-004), Specific Use Permit for outside sales
or service to allow a sno-cone stand for the months of April through
September on property located at 2300 West Southlake Boulevard.
Current Zoning: C-3 General Commercial District. SPIN Neighborhood
#15. PUBLIC HEARING
D. Ordinance No. 885, Consider all. matters incident and related to the
issuance and sale of "City of Southlake, Texas, General Obligation
Refunding Bonds, Series 2005," including the adoption of an ordinance
authorizing the issuance of such bonds and providing for the redemption
of the obligations being refunded. PUBLIC HEARING
E. Resolution No. 05-016, Consider all matters incident and related to the
issuance and sale of "Southlake Parks Development Corporation Sales
Tax Revenue Refunding Bonds, Series 2005," including the adoption of a
resolution relating thereto. PUBLIC HEARING
F. Resolution No. 05-017, Consider all matters incident and related to the
issuance and sale of "Southlake Parks Development Corporation Sales
Tax Revenue Refunding Bonds, Taxable Series 2005," including the
adoption of a resolution relating thereto. PUBLIC HEARING
8. Ordinances, first readings, and related items:
A. Ordinance No. 480-452, 1 st Reading (ZA04-103), Zoning Change and
Concept Plan for Tract lA2, Lakin H. Chivers Survey, Abstract No. 300;
proposed Lots 1-9, Brentwood Addition. The property is located at 2055
North White Chapel Boulevard. Current Zoning: AG Agricultural District.
Proposed Zoning: SF-30 Single Family Residential District. SPIN
Neighborhood #5. (If approved on first reading, the public hearing will be
held on April 5, 2005.)
9. Resolutions: (There are no items on this agenda.)
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City of Southlake
City Councn meeting agenda
March 15, 2005
Page 4 of6
10. Other items for consideration:
A. Consider SPOS-OSO, Variance to the Sign Ordinance No. 704-B for
Southlake Town Square located at the northeast comer of East Southlake
Boulevard and North Carroll Avenue.
B. Consider SPOS-066, Variance to the Sign Ordinance No. 704-B for
FlagstaffCourt located at 410,420 and 430 North Carroll Avenue.
C. Approve an amendment to the Freese & Nichols Water Meter Inventory
and Condition Assessment Agreement.
D. Authorize the City Manager to implement proposed transition plan.
E. Authorize the City Manager to enter into a professional services
agreement with Matrix Consulting Group to conduct a management study
of the Department of Public Safety.
F. Authorize the City Manager to enter into a professional services
agreement with The Mercer Group, Inc. for executive recruitment
servtces.
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, March 11, 2005, by 6:00 p.m.,
pursuant to the Texas Government Code, C~~tmf~~}.
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Lori A. Farwell, T C ioi * Iii
City Secretary \. '\ l i
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If you plan to attend this public meeting and lt1J~i~1/ity that requires special needs, please
advise the City Secretary's Office 48 hours in advance at 817-481-1490 and reasonable
accommodations will be made to assist you.
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City of Southlake
City Council meeting agenda
March 15, 2005
Page 5of6
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. Steve L. Perry and Aline Perry vs. City ofSouthlake. November 2003.
3. R.E. and Marilyn Smith vs. City ofSouthlake. December 2003.
4. City of Southlake vs. Howard E. Carr, Jr. March 2004.
5. 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.
Section 551.072: Deliberation ree:ardine: 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 ree:ardine: orosDective 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: 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 ree:ardine: securitv 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 develooment nee:otiations
The City Council may discuss or deliberate regarding conunercial 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
March 15, 1005
Page 6of6
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 meetings to discuss emen!encv manae:ement olans
ree:ardine: oioeline safetv
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.