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2005-05-17 I I. I I I I I I I I. I I I I I I I I. I , , CITY OF SOUTHLAKE REGULAR CITY COUNCIL MEETING: MAY 17.2005 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 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 Re2ular Session or at any time durin2 the meetin2 that a need arises for the City Council to seek advice from the City Attorney 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 changes In property values based upon tax exempt status. b. R.E. and Marilyn Smith vs. City of Southlake. c. Seek advice of the city attorney regarding Town Hall construction issues. d. Seek advice of the city attorney regarding the Pin Oak Estates Residential Developer's Agreement. e. Seek advice of the city attorney regarding Gifford Court/Enterprise Drive issues. f. Seek advice of the city attorney regarding the Rural Conservation Subdivision zoning district. 2. Section 551.087: Deliberation re2ardin2 economic develoDment ne2otiations a. Economic incentives for businesses. B. Reconvene: Action necessary on items discussed in Executive Session. 3. INVOCATION: Todd Renner, White's Chapel United Methodist Church I I. I I I I I I I I. I I I I I I I .e I , . City of Southlake City Council meeting agenda May 17, 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 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. S. Consent: A. Approve the minutes for the May 3, 200S, regular City Council meeting. B. Authorize the City Manager to enter into an Interlocal Agreement with Tarrant Appraisal District for Pictometry License. C. ZAOS-041, Plat Revision for proposed Lots 7 through 14, Block 3R, Cimmarron Acres Addition; being a revision of Lots SRI through SRS, 6Rl, and 6R2, Block 3, Cimmarron Acres Addition located on the northeast comer of Pearson Lane and West Southlake Boulevard. Current Zoning: SF-IA Single Family Residential District and C-2 Local Retail Commercial District. SPIN Neighborhood #IS. D. Authorize the City Manager to enter into an agreement with the U.S. Army Corps of Engineers for placement of a historical marker. REGULAR AGENDA 6. Public Forum. 7. Ordinances, second readings, public hearings, and related items: A. Ordinance No. 480-4S4, (ZAOS-022), 2nd Reading, Zoning Change and Concept Plan for The Shops at Southlake (Southlake Central Park - Central Market), being approximately 29 acres located on the southeast comer of East Southlake Boulevard and South Carroll Avenue; and being legally described as Tract 7A, J. A. Freeman Survey, Abstract No. S29. Current Zoning: S-P-2 Generalized Site Plan District. SPIN Neighborhood #7. PUBLIC HEARING 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 May 17,2005 Page 3 of 6 B. ZA05-023, Preliminary Plat for The Shops At Southlake (Southlake Central Park - Central Market), being approximately 29 acres located on the southeast comer of East Southlake Boulevard and South Carroll Avenue. Current Zoning: S-P-2 Generalized Site Plan District. SPIN Neighborhood #7. C. Ordinance No. 480-455, (ZA05-027), 2nd Reading, Zoning Change and Concept Plan for proposed Lot 21, T.M Hood No. 706 Addition, being legally described as Tract l1A02, T.M. Hood Survey, Abstract No. 706. The property is located at 600 Shady Oaks Drive. Current Zoning: AG Agricultural District. Requested Zoning: SF-20A Single Family Residential District. SPIN Neighborhood #13. PUBLIC HEARING D. Resolution No. 05-008, (ZA04-090), Specific Use Permit for a telecommunications antenna located on Lot lR, Block 1, Carroll High School Addition located at 1501 West Southlake Boulevard. Current Zoning: S-P-l Detailed Site Plan District. SPIN Neighborhood #16. PUBLIC HEARING E. ZA05-016, Site Plan for St. John Baptist Church located on the southwest comer of Crooked Lane and South Kimball Avenue. Current Zoning: CS Community Service District. SPIN Neighborhood #8. PUBLIC HEARING F. ZA05-032, Revised Site Plan for Lot 3, Block 2, Gateway Plaza Phase II, Red Hot and Blue located at 2750 East Southlake Boulevard, Suite 100. Current Zoning: S-P-2 Generalized Site Plan District with C-3 General Commercial District uses. SPIN Neighborhood #7. PUBLIC HEARING G. Resolution No. 05-024, (ZA05-042), Specific Use Permit for the sale of alcoholic beverages at Red Hot and Blue located at 2750 East Southlake Boulevard, Suite 100. Current Zoning: S-P-2 Generalized Site Plan District with C-3 General Commercial District uses. SPIN Neighborhood #7. PUBLIC HEARING 8. Ordinances, first readings, and related items: A. Ordinance No. 480-456 (ZA05-020), 1 st Reading, Zoning Change and Concept Plan for proposed Kimball Hills being legally described as Tracts 3, 3B, 3C, and 3D, lA. Freeman Survey, Abstract No. 529, located at 616 and 620 South Kimball Avenue. Current Zoning: AG Agricultural District. Requested Zoning: SF-20A Single Family Residential District. SPIN Neighborhood #8. (If approved at first reading, the public hearing will be held June 7, 2005.) 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 May 17, 2005 Page 4 of 6 B. Ordinance No. 480-457 (ZA05-033), 1st Reading, Zoning Change for Tracts 2A, 2A1, 2A6, and 2A7, C. Dart Survey, Abstract No. 2003; Tracts 4A1 and 4D, W. Martin Survey, Abstract No. 1068, located at 1285,2195 Randol Mill Avenue and 1340 Robin Lane. Current Zoning: AG Agricultural District. Requested Zoning: SF-1A Single Family Residential District. SPIN Neighborhood #12. (If approved at first reading, the public hearing will be held June 7, 2005.) 9. Resolutions: (There are no items on this agenda.) 10. Other items for consideration: A. Authorize the Mayor to execute a Commercial Developer's Agreement for the construction of Parkwood Drive and the associated public utilities to serve French Square Office Complex. B. Consider SP05-112, Variance to the Sign Ordinance No. 704-B for The Carpet Mill Outlet, Inc., located at 2360 East State Highway 114, Suites 2354 and 2356. 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, May 13, 2005, by 6:00 p.m., pursuant to the Texas Government Code, Chapter 551. ~ ~ .....U...T..::"",,4! ...... 0 n, i"4! . /J ~.. !< ~.......~" tJ<A. lit. ~ 0 .. ....'" ~ ~.)..I * "A~ Lori A. Farwell, TRMC g t: f \ ~ i City Secretary ; 0 \ J 0) j ; ... __- I " .. ..~ ~ If you plan to attend this public meeting and hft~,a ;Pifiii~...Ift"'at requires special needs, please advise the City Secretary's Office 48 hours irt"tI~~ at 817-481-1490 and reasonable accommodations will be made to assist you. 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 May 17, 2005 Page 5 of 6 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 ofSouthlake. 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 South lake. March 2005. Section 551.072: Deliberation ree:ardine: 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:ardine: prospective 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: 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 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 development 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 I. I I I I I I I Ie I City of Southlake City Council meeting agenda May 17, 2005 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 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.