2005-04-19
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CITY OF SOUTHLAKE
REGULAR CITY COUNCIL MEETING: APRIL 19.2005
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(f), and 418.106(d) & (e). Refer to posted list
attached hereto and incorporated herein. Executive Session may be held.
under these exceDtions. at the end of the Ree:ular 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 Dosted subiect matter of this
City Council meetin2.
1. Section 551.071: Consultation with attorney
a. Seek advice of the city attorney regarding the Pin Oak
Estates Residential Developer's Agreement.
b. Harold Sauls vs. Robert Welch, Alton Wells, Mike
Berryhill, John Doe, and City ofSouthlake.
c. Seek advice of the city attorney regarding Public Works
investigation.
d. Seek advice of the city attorney regarding changes in
property values based upon tax exempt status.
e. R.E. and Marilyn Smith vs. City of Southlake.
2. Section 551.072: Deliberation ree:ardin2 real DrODertv
a. Discuss the value of city-owned real property at the
northeast comer of Pearson Lane and F.M. 1709.
3. Section 551.087: Deliberation re2ardin2 economic develoDment
ne20tiations
a. Economic incentives for businesses.
B. Reconvene: Action necessary on items discussed in Executive Session.
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City of Southlake
City Council meeting agenda
April 19, 200S
Page 2 of6
3.
INVOCATION:
Mike Beaugh, Southlake Boulevard Presbyterian Church
4. REPORTS:
A. Mayor's Report
1. Proclamation for Child Abuse Prevention Month
B. City Manager's Report
C. Financial Report
D. School District Report
E. 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 April 5, 2005, regular City Council meeting.
B. ZA05-019, Plat Revision for Lots 3R2Rl, 3R2R2, and 3R2R3, Green
Meadow Subdivision; being a revision of Lot 3R2, Green Meadow
Subdivision, located on the south side of East Continental Boulevard, at
the intersection of East Continental Boulevard and South Kimball Avenue.
Current Zoning: 1-1 Light Industrial District. SPIN Neighborhood #7.
C. ZA05-029, Plat Revision for Lot 4R, Block 5, Clariden Ranch Phase IB
located at 701 Silver Spur Court. Current Zoning: SF-IA Single Family
Residential District. SPIN Neighborhood #1.
D. 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:
A. Ordinance No. 886, 2nd Reading, an ordinance canceling the May 7, 2005,
General Election and declaring each unopposed candidate elected to
office; and providing an effective date. PUBLIC HEARING
B. Ordinance No. 480-453, 2nd Reading (ZA05-0 1 0), Concept Plan for
proposed Lots 1-9, Block I, The Pavilion at Southlake; being Tracts 2A2,
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City of Southlake
City Couneil meeting agenda
April 19, 2005
Page 3 of 6
lA, lAl, and lAIA, W. R. Eaves Survey, Abstract No. SOO; and Zoning
Change specifically for Tracts lA, lAl, and lAIA located on the south
side of West Southlake Boulevard where it intersects with Meadowlark
Lane. Current Zoning: C-3 General Commercial District and AG
Agricultural District. Requested Zoning: C-3 General Commercial
District. SPIN Neighborhood #16. PUBLIC HEARING
C. ZAOS-Oll, Preliminary Plat for Lots 1-9, Block 1, The Pavilion at
Southlake; being Tracts 2A2, lA, lAIA, & lAl, W.R. Eaves Survey,
Abstract No. SOO. The property is located on the south side of West
Southlake Boulevard where it intersects with Meadowlark Lane. Current
Zoning: C-3 General Commercial District and AG Agricultural District.
Proposed Zoning: C-3 General Commercial District. SPIN Neighborhood
#16.
D. ZAOS-OOl, Site Plan for Stampede Sports Arena, being a portion of Tract
2A2, W.R. Eaves Survey, Abstract No. SOO, proposed Lot S, Block 1, The
Pavilion at Southlake, and being on property located on the south side of
West Southlake Boulevard where it intersects with Meadowlark Lane.
Current Zoning: C-3 General Commercial District. SPIN Neighborhood
#16. PUBLIC HEARING
E. Resolution No. OS-021, (ZAOS-014), Specific Use Permit for the sale of
alcoholic beverages at Michael Anthony's Steakhouse located at 27S0 East
Southlake Boulevard, being a portion of Lot 3, Block 2, Gateway Plaza,
Phase II. Current Zoning: S-P-2 Generalized Site Plan District. SPIN
. Neighborhood #7. PUBLIC HEARING
F. ZAOS-017, Revised Site Plan for Southlake Tavern located at 2700 East
Southlake Boulevard. Current Zoning: S-P-2 Generalized Site Plan
District. SPIN Neighborhood #7. PUBLIC HEARING
G. Resolution No. OS-022, (ZAOS-018), Specific Use Permit for the sale of
alcoholic beverages at Southlake Tavern located at 2700 East Southlake
Boulevard. Current Zoning: S-P-2 Generalized Site Plan District. SPIN
Neighborhood #7. PUBLIC HEARING
H. Consider SPOS-090, Variance to Sign Ordinance No. 704-B for Southlake
Tavern located at 2700 East Southlake Boulevard.
I. Resolution No. OS-018, Adoption of the West Southlake
Boulevard/Pearson; West Highland/North Peytonville; and the North Side
(Areas B, E, and F) Area Plans as components of the Comprehensive
Master Plan for the City of Southlake. PUBLIC HEARING
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City or Soutblake
City Council meeting agenda
April 19, 2005
Page 4 0(6
8. Ordinances, first readings, and related items:
A. Ordinance No. 480-280a, 1st Reading (ZA04-047), Zoning Change and
Concept Plan for Stonebridge Park located at 150-175 Stonebridge Lane,
2340 and 2350 West Southlake Boulevard. Current Zoning: S-P-2
Generalized Site Plan District. Requested Zoning: S-P-2 Generalized Site
Plan District with 0-1 Office District and C-2 Local Retail Commercial
District uses. SPIN Neighborhood #16. (If approved on first reading, the
public hearing will be held May 3, 2005.)
9. Resolutions: (There are no items on this agenda.)
10. Other items for consideration:
A. Authorize the City Manager to enter into a professional set'Vlces
agreement with MAXIMUS to conduct a management study of the
Department of Public Works Operations Division.
B. Consider 50th Anniversary Planning Committee.
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, April 15, 2005, by 6:00 p.m.,
pursuant to the Texas Government Code1,{;haptlft. 551.
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Lori A. Farwell, TRMC i 5 \ * J C/) 1
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Ity ecretary -; ... ....t
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If you plan to attend this public meeting a~'t!'~~:,'t1l;~bility 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
April 19, 2005
Page 5 of6
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 South lake. 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.
6. Harold Sauls vs. Robert Welch, Alton Wells, Mike Berryhill, John Doe, and City
ofSouthlake. March 2005.
Section 551.072: Deliberation re2ardine: 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 ree:ardinf! prospective 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 ree:ardine: 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 re2ardine: security devices
The City Council may deliberate the deployment, or specific occasions for
implementation of security personnel or devices.
Section 551.087: Deliberation re2ardine: economic development 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
April 19, 2005
Page 6 of6
Section 418.183(fl: Texas Disaster Act
The City Council may deliberate information: I) 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) & (el: Local meetine:s to discuss emere:encv manae:ement plans
ree:ardine: 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.
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1V11'~ ().. f1eM..cR. a... tA..>> ~
~€M.J..~ci ftl 'oY .ro fcr:sl-Jit~.
CITY OF SOUTHLAKE J
REGULAR CITY COUNCIL MEETING: APRIL 19.2005
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 Goverbment 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 subiect matter of this
City Council meetin2.
1. Section 551.071: Consultation with attorney
a. Seek advice of the city attorney regarding the Pin Oak
Estates Residential Developer's Agreement.
b. Harold Sauls vs. Robert Welch, Alton Wells, Mike
Berryhill, John Doe, and City ofSouthlake.
c. Seek advice of the city attorney regarding Public Works
investigation.
2. Section 551.072: Deliberation re2ardin2 real orooertv
a. Discuss the value of city-owned real property at the
northeast comer of Pearson Lane and F.M. 1709.
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:
Mike Beaugh, Southlake Boulevard Presbyterian Church
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City of Soutblake
City Couneil meeting agenda
April 19, 2005
Page 2 of6
4. REPORTS:
A. Mayor's Report
1. Proclamation for Child Abuse Prevention Month
B. City Manager's Report
C. Financial Report
D. School District Report
E. 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 April 5, 2005, regular City Council meeting.
B. ZA05-0l9, Plat Revision for Lots 3R2Rl, 3R2R2, and 3R2R3, Green
Meadow Subdivision; being a revision of Lot 3R2, Green Meadow
Subdivision, located on the south side of East Continental Boulevard, at
the intersection of East Continental Boulevard and South Kimball Avenue.
Current Zoning: 1-1 Light Industrial District. SPIN Neighborhood #7.
C. ZA05-029, Plat Revision for Lot 4R, Block 5, Clariden Ranch Phase lB
located at 701 Silver Spur Court. Current Zoning: SF-lA Single Family
Residential District. SPIN Neighborhood #1.
D. 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:
A. Ordinance No. 886, 2nd Reading, an ordinance canceling the May 7, 2005,
General Election and declaring each unopposed candidate elected to
office; and providing an effective date. PUBLIC HEARING
B. Ordinance No. 480-453, 2nd Reading (ZA05-01O), Concept Plan for
proposed Lots 1-9, Block 1, The Pavilion at Southlake; being Tracts 2A2,
lA, lAl, and lAlA, W. R. Eaves Survey, Abstract No. 500; and Zoning
Change specifically for Tracts IA, lAI, and IAIA located on the south
side of West Southlake Boulevard where it intersects with Meadowlark
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City of Southlake
City Councll meeting agenda
Aprll19, 2005
Page 3 of 6
Lane. Current Zoning: C-3 General Commercial District and AG
Agricultural District. Requested Zoning: C-3 General Commercial
District. SPIN Neighborhood #16. PUBLIC HEARING
C. ZA05-011, Preliminary Plat for Lots 1-9, Block 1, The Pavilion at
Southlake; being Tracts 2A2, lA, 1A1A, & lA1, W.R. Eaves Survey,
Abstract No. 500. The property is located on the south side of West
Southlake Boulevard where it intersects with Meadowlark Lane. Current
Zoning: C-3 General Commercial District and AG Agricultural District.
Proposed Zoning: C-3 General Commercial District. SPIN Neighborhood
#16.
D. ZA05-001, Site Plan for Stampede Sports Arena, being a portion of Tract
2A2, W.R. Eaves Survey, Abstract No. 500, proposed Lot 5, Block 1, The
Pavilion at Southlake, and being on property located on the south side of
West Southlake Boulevard where it intersects with Meadowlark Lane.
Current Zoning: C-3 General Commercial District. SPIN Neighborhood
#16. PUBLIC HEARING
E. Resolution No. 05-021, (ZA05-014), Specific Use Permit for the sale of
alcoholic beverages at Michael Anthony's Steakhouse located at 2750 East
Southlake Boulevard, being a portion of Lot 3, Block 2, Gateway Plaza,
Phase II. Current Zoning: S-P-2 Generalized Site Plan District. SPIN
Neighborhood #7. PUBLIC HEARING
F. ZA05-0l7, Revised Site Plan for Southlake Tavern located at 2700 East
Southlake Boulevard. Current Zoning: S-P-2 Generalized Site Plan
District. SPIN Neighborhood #7. PUBLIC HEARING
G. Resolution No. 05-022, (ZA05-0l8), Specific Use Permit for the sale of
alcoholic beverages at Southlake Tavern located at 2700 East Southlake
Boulevard. Current Zoning: S-P-2 Generalized Site Plan District. SPIN
Neighborhood #7. PUBLIC HEARING
H. Consider SP05-090, Variance to Sign Ordinance No. 704-B for Southlake
Tavern located at 2700 East Southlake Boulevard.
I. Resolution No. 05-018, Adoption of the West Southlake
Boulevard/Pearson; West Highland/North Peytonville; and the North Side
(Areas B, E, and F) Area Plans as components of the Comprehensive
Master Plan for the City of Southlake. PUBLIC HEARING
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City of Soutblake
City Council meeting agenda
April 19, 2005
Page 4 of 6
8. Ordinances, first readings, and related items:
A. Ordinance No. 480-280a, 1st Reading (ZA04-047), Zoning Change and
Concept Plan for Stonebridge Park located at 150-175 Stonebridge Lane,
2340 and 2350 West Southlake Boulevard. Current Zoning: S-P-2
Generalized Site Plan District. Requested Zoning: S-P-2 Generalized Site
Plan District with 0-1 Office District and C-2 Local Retail Commercial
District uses. SPIN Neighborhood #16. (If approved on first reading, the
public hearing will be held May 3, 2005.)
9. Resolutions: (There are no items on this agenda.)
10. Other items for consideration:
A. Authorize the City Manager to enter into a professional services
agreement with MAXIMUS to conduct a management study of the
Department of Public Works Operations Division.
B. Consider 50th Anniversary Planning Committee.
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, April 15, 2005, by 6:00 p.m.,
pursuant to the Texas Government Code, Chapter 551.
k ~ ...............
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(j ~.. tOq......~~ ..",
,:;~.. ..#~~
~o.. ...",,~
LOri A. Farwell, TRMC i.). f * \ ~ i
City Secretary E !:oi :(1) i
- . . ..
~ e. .. E
':. ... ..- $
If you plan to attend this public meeting aikl, ha\1t-ert1lSab(Jify that requires special needs, please
advise the City Secretary's Office 48 how.5r,"~~ce at 817-481-1490 and reasonable
accommodations will be made to assist you.
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City of Southlake
City Couneil meeting agenda
April 19, 2005
Page 5 of6
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.al. May 2001.
2. Steve L. Perry and Aline Perry vs. City ofSouthlake. November 2003.
3. R.E. and Marilyn Smith vs. City of South lake. 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.
6. Harold Sauls vs. Robert Welch, Alton Wells, Mike Berryhill, John Doe, and City
ofSouthlake. 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.
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City of Southlake
City Couneil meeting agenda
April!9, 200S
Page 6 of6
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(d) & (e): Local meetine:s to discuss emere:encv manae:ement otans
ree:ardine: 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.