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2005-11-15 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: NOVEMBER 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(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 Remlar Session or at any time durin2 the meetin2 that a need arises for the City Counell to seek advice from the City Attornev as to the BOlted subiect matter of this City Councll meetin2. 1. Section 551.071: Consultation with attorney a. R.E. and Marilyn Smith vs. City of Southlake. b. Seek advice of the city attorney regarding legal requirements and obligations related to the Texas Open Meetings Act and the Public Information Act. c. Seek advice of the city attorney regarding Town Hall construction Issues. 2. 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: Tom Pennington, Countryside Bible Church 4. REPORTS: A. Mayor's Report B. City Manager's Report C. Library Board Report I I. I I I I I I I Ie I I I I I I I. I I City of Soutblake City Council meeting agenda November 15, 2005 Page 2 of7 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 November 1, 2005, regular City Council meeting. B. Authorize the Mayor to execute a residential developer's agreement for Miracle Pointe, a 13-lot addition located on the west side of Crooked Lane west of South Kimball Avenue. C. Authorize the Mayor to execute a residential developer's agreement for Sandlin Manor, a 21-lot addition located at the west end of West Chapel Downs Drive, west of North White Chapel Boulevard. D. Resolution No. 05-065, Authorize the implementation of the National Incident Management System (NIMS). E. Ordinance No. 480-451, 1st Reading (ZA04-101), Zoning Change for Tracts 1A1A2, and 1A1A2D, 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: AG Agricultural District. Requested Zoning: SF- 1A Single Family Residential District. SPIN Neighborhood #12. THIS ITEM HAS BEEN REQUESTED TO BE TABLED BY THE APPLICANT TO THE JANUARY 3, 2006, CITY COUNCIL MEETING. F. Resolution No. 05-063, Appoint a member to the Joint Drug and Alcohol Awareness Committee. G. Resolution No. 05-066, Appoint a member to the Library Board. H. Resolution No. 05-068, Support a nominee to the Tarrant Appraisal District Board of Directors. I. 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: I I. I I I I I I I I. I I I I I I I. I I City of Southlake City Couneil meeting agenda November 15, 2005 Page 3 of7 A. 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. PUBLIC HEARING B. Ordinance No. 480-EEE, 2nd Reading, An amendment to the Comprehensive Zoning Ordinance No. 480, as amended, as it pertains to Section 29, MH Manufactured Housing District. PUBLIC HEARING C. 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 D. Ordinance No. 480-468, 2nd Reading (ZA05-I03), Zoning Change and Development Plan for Westwyck Hills, being approximately 43.5 acres located at the 1300 and 1500 block of Randol Mill Avenue and the 2000 block of Morgan Road. Current Zoning: AG Agricultural District, RE Single Family Residential Estate District, and SF-IA Single Family Residential District. Requested Zoning: R-PUD Residential Planned Unit Development District. SPIN Neighborhood #12. PUBLIC HEARING E. Ordinance No. 480-469, 2nd Reading (ZA05-I09), Zoning Change for property located at 1583 Randol Mill Avenue, being approximately 1,804 square feet, described as a portion of Tract IF, J. Childress Survey, Abstract No. 253. Current Zoning: AG Agricultural District. Requested Zoning: SF-IA Single Family Residential District. SPIN Neighborhood #12. PUBLIC HEARING F. Ordinance No. 480-470, 2nd Reading (ZA05-110), Zoning Change for property located at 1581 Randol Mill Avenue, being approximately 0.48 acres, described as a portion of Lot 4, J. Childress No. 253 Addition. Current Zoning: RE Single Family Residential Estate District. Requested Zoning: SF-IA Single Family Residential District. SPIN Neighborhood #12. PUBLIC HEARING G. ZA05-lll, Preliminary Plat for proposed Westwyck Hills, being approximately 44 acres located at the 1300 and 1500 block of Randol Mill Avenue; and the 2000 block of Morgan Road. Current Zoning: AG Agricultural District; RE Single Family Residential Estate District; and SF-IA Single Family Residential District. Proposed Zoning: R-PUD Residential Planned Unit Development District. SPIN Neighborhood #12. H. 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 I I. I I I I I I I I. I I I I I I I. I I City of Southlake City Councll meeting agenda November 15, 2005 Page 4 of7 I. Resolution No. OS-069 (ZAOS-loo) Specific Use Permit for a telecommunications antenna on property located at SOO North Kimball Avenue. Current Zoning: 1-1 PUD Light Industrial Planned Unit Development District. SPIN Neighborhood #6. PUBLIC HEARING J. Resolution No. OS-070 (ZAOS-120) Specific Use Permit to allow a tent for the purpose of promoting retail sales at Sellingers Golf located at 17S Miron Drive. Current Zoning: B-1 Business Service Park District. SPIN Neighborhood #8. PUBLIC HEARING K. ZAOS-130, Revised Site Plan for Blocks 3R2, 4Rl, 12-14, 17 & 18, Southlake Town Square, Phase N. The property is bounded by State Highway 114 on the north side and Southlake Town Square, Phase One, on the south side. Current Zoning: DT Downtown District. SPIN Neighborhood #8. PUBLIC HEARING L. Resolution No. OS-071 (ZAOS-131) Specific Use Permit to allow sales from kiosks on property located in the Grand Avenue District, Southlake Town Square; described as Lots 4 & S, Block 13, Southlake Town Square. Current Zoning: DT Downtown District. SPIN Neighborhood #8. PUBLIC HEARING M. ZAOS-132, Plat Revision for proposed Blocks 3R2, 4Rl, 12-14, 17 and 18, Southlake Town Square; being a revision of Lot 3, Block 4R and Lot 2, Block 3Rl, Southlake Town Square, Phase I and being portion of land in the Richard Eads Survey, Abstract No. 481. The property is bounded by State Highway 114 on the north side and Southlake Town Square, Phase One, on the south side. Current Zoning: DT Downtown District. SPIN Neighborhood #8. N. Consider SPOS-288, Conditional Sign Permit for-Blocks 3R2, 4Rl, 12-14, 17 and 18, Southlake Town Square, Phase N, known as the Grand Avenue District. The property is bounded by State Highway 114 on the north side and Southlake Town Square, Phase One, on the south side. 8. Ordinances, first readings, and related items: A. Ordinance No. 480-472, 1st Reading (ZAOS-118), Zoning Change for proposed Marantha Estates; being approximately 4.7 acres located at 171 0 Marantha 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 December 6, 2005.) B. Ordinance No. 480-473, 1st Reading (ZAOS-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 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 November 15, 1005 Page 5 of7 Neighborhood #5. (If approved at first reading, the public hearing will be held December 6, 2005.) 9. Resolutions: (There are no items on this agenda.) 10. Other items for consideration: A. Placement of a historic log cabin. 11. Other items for discussion: A. Urban Design Study proposed scope of work. 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, November 11, 2005, by 6:00 p.m., pursuant to the Texas Government Code, Chapter 551"""111'''''1. ......... "TH~"" ...... OU 'I. ~ ...,......-~' k () .:o~... ~ .. /:>.1 * ......~\ s....: i : . --.. - Lon A. Farwell, TRMC S (,) \ i C'IJ E C. S .... .. Ity ecretary -; ... ... i '" ........... ~~ " " '" **ir ,...... If you plan to attend this public meeting an'l'ltt!ri6lu,'i!lsability that requires special needs, please advise the City Secretary's Office 48 hours in advance at 817-748-8016 and reasonable accommodations will be made to assist you. I I. I I I I I I I Ie I I I I I I I Ie I City of Southlake City Council meeting agenda November 15, 2005 Page 6 0(7 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 ofSouthlake 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. 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 Southlake. March 2005. 6. James Merriman vs. City ofSouthlake. October 2005. Section 551.072: Deliberation ret!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 ret!ardine: orosoective 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 ret!ardine: oenonnel matten 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 ret!ardine: security devices The City Council may deliberate the deployment, or specific occasions for implementation of security personnel or devices. Section 551.087: Deliberation ret!ardine: economic develooment net!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 I. I City of Southlake City Councll meeting agenda November 15, 2005 Page 7 of7 Section 418.183(D: Texas Disaster Act The City Council may deliberate information: 1) for putposes 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 418.106ld) & (e): Local meetinl!s to discuss emerl!encv Dl8Bal!ement Dlans rel!ardinl! DiDeline 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. .1 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: NOVEMBER 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 immediately followine: 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 exceptions. at the end of the Renlar Session or at any time durme: the meetine: that a need arises for the Citv Council to seek advice from the Citv Attorney as to the posted sublect.matter of this Citv Council meetine:. 1. Section 551.071: Consultation with attorney a. R.E. and Marilyn Smith vs. City of Southlake. b. 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 551.087: Deliberation ree:ardine: economic development nee:otiations a. Economic incentives for businesses. B. Reconvene: Action necessary on items discussed in Executive Session. 3. INVOCATION: Tom Pennington, Countryside Bible Church 4. REPORTS: A. Mayor's Report B. City Manager's Report C. Library Board Report I I. I I I I I I I Ie I I I I I I I Ie I City of Southlake City Council meeting agenda November 15, 2005 Page 2 of7 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 November 1, 2005, regular City Council meeting. B. Authorize the Mayor to execute a residential developer's agreement for Miracle Pointe, a 13-lot addition located on the west side of Crooked Lane west of South Kimball Avenue. C. Authorize the Mayor to execute a residential developer's agreement for Sandlin Manor, a 21-lot addition located at the west end of West Chapel Downs Drive, west of North White Chapel Boulevard. D. Resolution No. 05-065, Authorize the implementation of the National Incident Management System (NIMS). E. Ordinance No. 480-451, 1st Reading (ZA04-101), Zoning Change for Tracts lAIA2, and lAIA2D, 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: AG Agricultural District. Requested Zoning: SF- lA Single Family Residential District. SPIN Neighborhood #12. THIS ITEM HAS BEEN REQUESTED TO BE TABLED BY THE APPLICANT TO THE JANUARY 3, 2006, CITY COUNCIL MEETING. F. Resolution No. 05-063, Appoint a member to the Joint Drug and Alcohol Awareness Committee. G. Resolution No. 05-066, Appoint a member to the Library Board. H. Resolution No. 05-068, Support a nominee to the Tarrant Appraisal District Board of Directors. I. 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: I I. I I I I I I I Ie I I I I I I I Ie I City of Southlake City Council meeting agenda November 15~ 2005 Page 3 of7 A. 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. PUBLIC HEARING B. Ordinance No. 480-EEE~ 2nd Reading~ An amendment to the Comprehensive Zoning Ordinance No. 480~ as amended~ as it pertains to Section 29~ MIl Manufactured Housing District. PUBLIC HEARING C. 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 D. Ordinance No. 480-468~ 2nd Reading (ZA05-103)~ Zoning Change and Development Plan for Westwyck Hills~ being approximately 43.5 acres located at the 1300 and 1500 block of Randol Mill Avenue and the 2000 block of Morgan Road. Current Zoning: AG Agricultural District~ RE Single Family Residential Estate District~ and SF-IA Single Family Residential District. Requested Zoning: R-PUD Residential Planned Unit Development District. SPIN Neighborhood #12. PUBLIC HEARING E. Ordinance No. 480-469~ 2nd Reading (ZA05-109)~ Zoning Change for property located at 1583 Randol Mill Avenue~ being approximately 1~804 square feet~ described as a portion of Tract IF~ J. Childress Survey~ Abstract No. 253. Current Zoning: AG Agricultural District. Requested Zoning: SF-IA Single Family Residential District. SPIN Neighborhood #12. PUBLIC HEARING F. Ordinance No. 480-470~ 2nd Reading (ZA05-110)~ Zoning Change for property located at 1581 R~dol Mill Avenue~ being approximately 0.48 acres~ described as a portion of Lot 4~ J. Childress No. 253 Addition. Current Zoning: RE Single Family Residential Estate District. Requested Zoning: SF-IA Single Family Residential District. SPIN Neighborhood #12. PUBLIC HEARING G. ZA05-111~ Preliminary Plat for proposed Westwyck Hills~ being approximately 44 acres located at the 1300 and 1500 block of Randol Mill Avenue; and the 2000 block of Morgan Road. Current Zoning: AG Agricultural District; RE Single Family Residential Estate District; and SF-IA Single Family Residential District. Proposed Zoning: R-PUD Residential Planned Unit Development District. SPIN Neighborhood #12. H. 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 I I. I I I I I I I Ie I I I I I I I Ie I City of Southlake City Council meeting agenda November 15, 2005 Page 4 of 7 I. 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 J. Resolution No. 05-070 (ZA05-120) Specific Use Permit to allow a tent for the purpose of promoting retail sales at Sellingers Golf located at 175 Miron Drive. Current Zoning: B-1 Business Service Park District. SPIN Neighborhood #8. PUBLIC HEARING K. ZA05-BO, Revised Site Plan for Blocks 3R2, 4Rl, 12-14, 17 & 18, Southlake Town Square, Phase N. The property is bounded by State Highway 114 on the north side and Southlake Town Square, Phase One, on the south side. Current Zoning: DT Downtown District. SPIN Neighborhood #8. PUBLIC HEARING L. Resolution No. 05-071 (ZA05-131) Specific Use Permit to allow sales from kiosks on property located in the Grand Avenue District, Southlake Town Square; described as Lots 4 & 5, Block 13, Southlake Town Square. Current Zoning: DT Downtown District. SPIN Neighborhood #8. PUBLIC HEARING M. ZA05-132, Plat Revision for proposed Blocks 3R2, 4Rl, 12-14, 17 and 18, Southlake Town Square; being a revision of Lot 3, Block 4R and Lot 2, Block 3Rl, Southlake Town Square, Phase I and being portion of land in the Richard Eads Survey, Abstract No. 481. The property is bounded by State Highway 114 on the north side and Southlake Town Square, Phase One, on the south side. Current Zoning: DT Downtown District. SPIN Neighborhood #8. N. Consider SP05-288, Conditional Sign Permit for Blocks 3R2, 4Rl, 12-14, 17 and 18, Southlake Town Square, Phase N, known as the Grand Avenue District. The property is bounded by State Highway 114 on the north side and Southlake Town Square, Phase One, on the south side. 8. Ordinances, first readings, and related items: A. Ordinance No. 480-472, 1st Reading (ZA05-1I8), Zoning Change for proposed Marantha Estates; being approximately 4.7 acres located at 1710 Marantha 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 December 6, 2005.) B. Ordinance No. 480-473, 1st Reading (ZAOS-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 I I. I I I I I I I Ie I I I I I I I Ie I City of Southlake City Council meeting agenda November 15, 2005 Page 5 of7 Neighborhood #5. (If approved atfirst reading, the public hearing will be held December 6, 2005.) 9. Resolutions: (There are no items on this agenda.) 10. Other items for consideration: A. Placement of a historic log cabin. 11. Other items for discussion: A. Urban Design Study proposed scope of work. 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, November 11, 2005, by 6:00 p.m., pursuant to the Texas Government Code, Chapter 551. ""......"" ..,,,,,.., uTHL"'6~"", ,.... ~O .....~~ ~ U//J(1!3JfJ/JPJ I ~l" ." ~ \ ~ri .'t. FllP~'ell. TIU4C 7ita ~ ! ~ ( * )~ i CifY8c\iu;;tcuy ~~~ \0.. I \. .... J' I '-': .......... ~ " f)tfltt If you plan to attend this public meeting and have a disability 'nNtt,thtlltr.,..,.~pecial needs; please advise the City Secretary's Office 48 hours in advance at 817-748-8016 and reasonable accommodations will be made to assist you. I I. I I I I I I I Ie I I I I I I I ,. I City of Southlake City CouneD meeting agenda November 15, 2005 Page 6 of7 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. 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 ofSouthlake. July 2004. 5. Harold Sauls vs. Robert Welch, Alton Wells, Mike Berryhill, John Doe, and City of Southlake. March 2005. 6. James Merriman vs. City ofSouthlake. October 2005. Section 551.072: Deliberation re2ardin2 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 re2ardin2 prospective Ilift 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 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 re2ardin2 security devices The City Council may deliberate the deployment, or specific occasions for implementation of security personnel or devices. Section 551.087: Deliberation re2ardin2 economic development ne2otiations The City Council may discuss or deliberate regarding commercial or financial infonnation 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 Ie I I I I I I I Ie I City of Southlake City Council meeting agenda November 15, 2005 Page 7of7 Section 418.183(f): 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 vulnerabiljties 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.