2005-11-01
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CITY OF SOUTHLAKE
REGULAR CITY COUNCIL MEETING: NOVEMBER 1. 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. 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 incolporated herein. Executive Session may be held. under these
exceotions. at the end of the Ret!Ular Session or at any time durm2 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 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.
2. Section 551.072: Deliberation re2ardin2 real property
a. Discuss the value of city-owned property at PM 1709 and Pearson
Lane.
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: Tom Pennington, Countryside Bible Church
4. REPORTS:
A. Mayor's Report
1. Special presentation to State Representative Vicki Truitt
B. City Manager's Report
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City of Southlake
City Councll meeting agenda
November 1, 2005
Page 2 of7
1. Introduction of newly appointed staffmembers
C. School Board 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 October 11, 2005 special City.Council work session
and for the October 18, 2005, regular City Council meeting.
B. Award the bid for the construction of the Florence 1.5 MG Elevated Composite
Water Storage Tank to Landmark Structures in the amount of $2,460,100.
C. Resolution No. 05-059, Endorse the application for funding the Pearson Lane and
F.M. 1709 Intersection Improvements through the RTC Partnership Program 3
Call for Projects.
D. Resolution No. 05-064, Endorse the application for funding the capacity
improvements of North White Chapel Boulevard from Highland Avenue to
Emerald Boulevard through the RTC Partnership Program 3 Call for Projects.
E. Approve a grazing lease between City of Southlake and Roger Hutton.
F. Authorize the Mayor to enter into an Interlocal Agreement with Carroll
Independent School District for the provision of School Resource Officers,
outlining their duties, and establishing remuneration for services.
G. Ordinance No. 480-DDD, 1st Reading, An amendment to the Comprehensive
Zoning Ordinance No.. 480, as amended, as it pertains to Section 16, MF-l Two
Family Residential District. (If approved on first reading, the public hearing will
be held on November 15, 2005.) THIS ITEM HAS BEEN REQUESTED TO
BE TABLED BY THE APPLICANT.
REGULAR AGENDA
6. Public Forum.
7. Ordinances, second readings, public hearings, and related items:
A. Ordinance No. 480-464a, 2nd Reading (ZA05-117), Zoning Change and Site Plan
for Baylor Family Health Center at Southlake, located on the south side of East
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City of Southlake
City Council meeting agenda
November 1, 2005
Page 3 of 7
Southlake Boulevard, approximately 550 feet east of Byron Nelson Parkway at
155 Pecan Creek Drive. Current Zoning: S-P-l Detailed Site Plan District.
Requested Zoning: S-P-l Detailed Site Plan District. SPIN Neighborhood #ge.
PUBLIC HEARING
B. ZA05-087, Site Plan for Lot 7, 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
C. Resolution No. 05-060, (ZA05-105), Specific Use Permit to allow a tent for the
purpose of promoting retail sales at Anderson's Furniture located at 2140 East
Southlake Boulevard. Current Zoning: C-3 General Commercial District. SPIN
Neighborhood #8. PUBLIC HEARING
D. Resolution No. 05-061, (ZA05-106), Specific Use Permit for the sale of alcoholic
beverages at the Cheesecake Factory located at 1440 Plaza Place. Current Zoning:
DT Downtown District. SPIN Neighborhood #8. PUBLIC HEARING
E. ZA05-114, Concept Plan for Highland Meadow Montessori Academy - Multi-
Use Facility located at 1060 East Highland Street. Current Zoning: CS
Community Service District. SPIN Neighborhood #5. PUBLIC HEARING
F. 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
8. Ordinances, first readings, and related items:
A. Ordinance No. 480-EEE, 1st Reading, An amendment to the Comprehensive
Zoning Ordinance No. 480, as amended, as it pertains to Section 29, MH
Manufactured Housing District. (If approved on first reading, the public hearing
will be held on November 15, 2005.)
B. Ordinance No. 480-468, 1st 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.
(If approved on first reading, the public hearing will be held on November 15,
2005.)
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City of Southlake
City CouneD meeting agenda
November 1, 2005
Page 4 of7
C. Ordinance No. 480-469, 1st 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. (If approved on first reading, the
public hearing will be held on November 15, 2005.)
D. Ordinance No. 480-470, 1st 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. (If approved on first reading, the
public hearing will be held on November 15, 2005.)
E. Ordinance No. 480-471, 1st 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. (If approved on first reading, the public hearing will be held
on November 15, 2005.)
9. Resolutions:
A. Resolution No. 05-063, Appoint members to the Joint Drug and Alcohol
Awareness Committee.
10. Other items for consideration:
A. Placement of Historic Log Cabin.
11. Other items for discussion:
A. State Highway 114 - Carroll Avenue (Texas turnaround) bridge through the RTC
Partnership Program 3 Call for Projects.
12. Meeting adjourned.
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City of Soutblake
City Council meeting agenda
November 1, 2005
Page 5 of7
CERTIFICATE
I hereby certify that the above agenda was posted on the official bulletin boards at Town Hall,
1400 Main Street, Southlake, Texas, on Fridav, October 28, 2005, by 6:00 p.m., pursuant to the
T Go C d Ch "",..."""
exas vernment 0 e, apter 551. ........."OUTH~"'III.
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If you plan to attend this public meeting and have a disability 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.
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City of Southlake
City Council meeting agenda
November 1, 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 ofSouthlake 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. 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 re2ardin2 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 re2ardin2 orosoective 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 re2ardin2 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 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 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 Couneil meeting agenda
November 1, 200S
Page 7 of7
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 418.106ld) & (e): Local meetines to discuss emereencv manaeement olans
reeardine 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.