2005-12-06
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CITY OF SOUTHLAKE
REGULAR CITY COUNCIL MEETING: DECEMBER 6. 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 followm2 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 Councll to seek
advice from the City Attornev as to the oosted subiect matter of this
City Councll meetin2.
1. Section 551.071: Consultation with city attorney
a. Seek advice of the city attorney regarding legal
requirements and obligations related to the Texas Open
Meetings Act and the Public Information Act.
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 oenonnel matten
a. Deliberate the appointment, employment, evaluation,
reassignment, duties, discipline, or dismissal of the City
Manager and the City Secretary.
4. Section 551.087: Deliberation re2ardin2 economic develooment
ne2otiations
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
December 6, 2005
Page 2 of7
3.
INVOCATION:
David Whitington, Christ Our King Church
4. REPORTS:
A. Mayor's Report
B. City Manager's Report
C. 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. Cons~t:
A. Approve the minutes for the November 15, 2005, regular City Council
meeting.
B. Consider excusing members of the City Council and of the Planning and
Zoning Commission for abs~ces from meetings.
C. Consider canceling the December 20, 2005 regular City Council meeting.
D. Resolution No. 05-066, Appoint a member to the Library Board.
E. Resolution No. 05-067, Appoint members to the Public Art Advisory
Committee.
F. Resolution No. 05-074, Appoint members to the Log Cabin Committee.
G. Approve matching funds request from Boo-Boo's Buddies in the amount
of $8,500 for Dog Park improvem~ts.
H. Approve Change Order No.3 in the amount of $46,159.50 with Reynolds
Asphalt for trail construction on Contin~ta1 Boulevard.
I. Resolution No. 05-072, abandoning and quit claiming an ingress/egress
easem~t in a portion of the A.H. Chivers Survey, Abstract No. 299, being
the most westerly 718.83 feet of Primrose Lane, save and except an
easem~t for a water line.
J. Authorize the Mayor to execute a residential developer's agreement for
Kimball Hills, a 19-1ot addition located on the west side of South Kimball
A v~ue, north of Crooked Lane.
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City of Southlake
City Councll meeting agenda
December 6, 2005
Page 3 of7
K. Authorize the Mayor to execute a partial commercial developer's
agreement for Shops of Southlake, a 29.3 acre development at the
southeast comer of East Southlake Boulevard and South Carroll Avenue.
L. Ordinance No. 480-231c, 1st Reading (ZA05-125), Zoning Change and
Site Plan for Medical Air Services on property located at 1250 West
Southlake Boulevard. Current Zoning: S-P-l Detailed Site Plan District.
Requested Zoning: S-P-l Detailed Site Plan District. SPIN Neighborhood
# 13. (If approved at first reading, the public hearing will be held January
3, 2006.)
M. Ordinance No. 480-FFF, 1st Reading, an Amendment to the
Comprehensive Zoning Ordinance No. 480, as amended, as it pertains to
the creation of the Employment Center Zoning District, new Section 49.
(If approved at first reading, the public hearing will be held January 3,
2006.)
N. Resolution No. 05-062 (ZA05-123) Specific Use Permit to allow a kennel
- Dirty Dawgz Enterprises located at 2155 West Southlake Boulevard.
Current Zoning: C-3 General Commercial District. SPIN Neighborhood
#8. TmS ITEM IS REQUESTED TO BE TABLED UNTIL THE
JANUARY 3, 2006 CITY COUNCIL MEETING.
o. Resolution No. 05-071 (ZA05-131) Specific Use Permit to allow sales
from kiosks on property located in the Grand Avenue District of Southlake
Town Square; described as Lots 4 and 5, Block 13, Southlake Town
Square. Current Zoning: DT Downtown District. SPIN Neighborhood #8.
THIS ITEM IS REQUESTED TO BE TABLED UNTIL THE
JANUARY 17,2006 CITY COUNCIL MEETING.
P. Resolution No. 05-057, Authorize the City Manager to enter into an
agreement with Kenneth P. Home and Associates to establish a Section
529 College Investment Plan.
Q. Resolution No. 05-073, Authorize the City Manager to enter into an
agreement with Public Agency Retirement System (PARS) to establish a
Section 457 FICA Alternative Retirement Plan for part-time, seasonal and
temporary employees.
REGULAR AGENDA
6. Public Forum.
7. Ordinances, second readings, public hearings, and related items:
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City of Southlake
City Couneil meeting agenda
Deeember 6, 2005
Page 4 of7
A. Ordinance No. 480-471, 2nd Reading (ZA05-108), Zoning Change and Site
Plan for Lots 2 and 3, Block A, Commerce Business Park; being
approximately 4.24 acres located at 275 through 325 Commerce Street.
Current Zoning: 1-1 Light Industrial District. Requested Zoning: S-P-l
Detailed Site Plan District. SPIN Neighborhood #7. PUBLIC HEARING
B. Resolution No. 05-069 (ZA05-100) Specific Use Permit for a
telecommunications antenna on property located at 500 North Kimball
Avenue. Current Zoning: 1-1 PUD Light Industrial Planned Unit
Development District. SPIN Neighborhood #6. PUBLIC HEARING
C. ZA05-094, Site Plan for Lot 8, Players Circle Addition, located on the
south side of West Southlake Boulevard at the intersection of West
Southlake Boulevard and Meadowlark Lane. Current Zoning: C-3 General
Commercial District. SPIN Neighborhood #16. PUBLIC HEARING
D. ZA05-126, Site Plan for Lot 9, Players Circle Addition - Pavilion Two;
located at 1953 West Southlake Boulevard. Current Zoning: C-3 General
Commercial District. SPIN Neighborhood #16. PUBLIC HEARING
E. Ordinance No. 480-473, 2nd Reading (ZA05-121), Zoning Change for
proposed Villas Del Sol; being approximately 10.82 acres located at the
northwest comer of East Highland and Sunshine Lane. Current Zoning:
AG Agricultural District. Requested Zoning: SF-IA Single Family
Residential District. SPIN Neighborhood #5. PUBLIC HEARING
F. ZA05-122, Preliminary Plat for Villas Del Sol; being approximately 10.82
acres located at the northwest comer of East Highland and Sunshine Lane.
Current Zoning: AG Agricultural District. Proposed Zoning: SF-IA Single
Family Residential District. SPIN Neighborhood #5.
G. ZA05-098, Revised Concept Plan for CISD No. 4 Addition, Dawson
Middle School located at 400 South Kimball Avenue. Current Zoning: CS
Community Service District. SPIN Neighborhood #8. PUBLIC
HEARING
8. Ordinances, first readings, and related items:
A. Ordinance No. 480-472, 1st Reading (ZA05-118), Zoning Change for
proposed Maranatha Estates; being approximately 4.7 acres located at
1710 Maranatha Way. Current Zoning: AG Agricultural District.
Requested Zoning: SF-IA Single Family Residential District. SPIN
Neighborhood #12. (If approved at first reading, the public hearing will
be held January 3, 2006.)
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City of Southlake
City CouneD meeting agenda
December 6, 2005
Page 5 of7
9. Resolutions:
A. Resolution No. 05-075, Authorize Notice of Intent to issue Certificates of
Obligation, Series 2006.
10. Other items for consideration:
A. Approve Town Square park plans and construction budgets for "Plaza"
and "State Street" parks and park plans for "Summit Park."
B. Consider SP05-306, Variance to Sign Ordinance No. 704-B for Gateway
Church located at 2121 East Southlake Boulevard.
C. Consider SP05-298, Variance to Sign Ordinance No. 704-B for Citibank
located at 535 East SouthlakeBoulevard.
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, December 2, 2005, by 6:00 p.m.,
pursuant to the Texas Government Code, Chapter 551.
,.,...........
J? ~~TH ~
hw-' o.~ /~~\
Lori A. Farwell, TRMC ~ ~: * :~ E
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City Secretary ~ (.) \ 1 rn i
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If you plan to attend this public meeting ana'lrilxe ff.fliflabURY that requires special needs, please
advise the City Secretary's Office 48 hours "IIl'ttHWlJ~ce at 817-748-8016 and reasonable
accommodations will be made to assist you.
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City of Soutblake
City Couneil meeting agenda
Deeember 6, 2005
Page 60f7
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. CityofSouthlake. 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 ofSouthlake. July 2004.
5. Harold Sauls vs. Robert Welch, Alton Wells, Mike Berryhill, John Doe, and City
ofSouthlake. March 2005.
6. James Merriman vs. City ofSouthlake. October 2005.
Section 551.072: DeUberation ree:ardin2 real property
The City Council may conduct a closed meeting to deliberate the purchase, exchange,
lease or value of real property.
Section 551.073: DeUberation re2ardin2 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: DeUberation re2ardin2 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: DeUberation re2ardin2 security devices
The City Council may deliberate the deployment, or specific occasions for
implementation of security personnel or devices.
Section 551.087: DeUberation 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
December 6, 2005
Page 70f7
Section 418.183(0: 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 418.106ldl & (el: Local meetinl!s to discuss ememencv manal!ement plans
rel!ardinl! 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.