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2004-01-06 I' I. I I I I I I I I. I I I I I I I Ie I CITY OF SOUTHLAKE REGULAR CITY COUNCIL MEETING: JANUARY 6. 2004 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 Government Code, Sections 551.071, 551.072, 551.073, 551.074, 551.076 and 551.087. 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 anv 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 Councilmeetin2. 1. Section 551.072 Deliberation re2ardinl! real orooertv a. Discuss possible purchase of property for park purposes. b. Discuss value of city-owned residential property on Jordan Drive near Pearson Lane. 2. 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: Bill Ramsey, Metroport Cities Fellowship 4. REPORTS: A. Mayor's Report B. City Manager's Report C. Library Board Report D. SPIN Report E. Park and Recreation Board Report F. Local Business Report 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 January 6, 2004 Page 2 of 4 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 minutes for the December 16, 2003, regular City Council meeting. B. Approve renewal of contract with American Landscape Systems for landscape maintenance of Town Square public areas. C. Approve Resolution No. 04-001, Appointing the Chair for the Board of Directors of Tax Increment Reinvestment Zone Number One, City of Southlake, Texas, for 2004. REGULAR AGENDA 6. Public Forum. 7. Ordinances, second readings, public hearings, and related items: A. Ordinance No. 480-428, 2nd Reading, (ZA03-077) Zoning Change for Lot 1, Block 1, Father Joe Addition, located at 2440 Johnson Road. Current Zoning: CS Community Service District. Requested Zoning: SF-IA Single Family Residential District. SPIN Neighborhood #15. PUBLIC HEARING B. ZA03-071, Site Plan for Cedar Ridge Offices located on the east side of the intersection of State Highway 114 and East Highland Street. Current Zoning: C-3 General Commercial District. SPIN Neighborhood #6. PUBLIC HEARING C. Resolution No. 04-004, ZA03-080, Specific Use Permit for the sale of alcoholic beverages at PHO Texas Vietnamese Cuisine located at 2120 East Southlake Boulevard, Suite D, in the Village Center Development. Current Zoning: C-3 General Commercial District. SPIN Neighborhood #8. PUBLIC HEARING 8. Ordinances, first readings, and related items: (There are no items on this agenda.) I I. I I I I I I I I. I I I I I I I f I City of Southlake City Council Meeting Agenda January 6, 2004 Page 3 of4 9. Resolutions: A. Resolution No. 98-068B, Amending Resolution No. 98-068A regarding the Joint Drug and Alcohol Awareness Committee. B. Resolution No. 04-003, Authorizing the City Attorney to acquire the following easements by the right of eminent domain for the purpose of construction and maintenance of the 42" water transmission line from the Caylor Water Tank to Pearson Lane: 1) a 20' wide permanent waterline easement (0.142 acre/6,190 sq. ft.) and a 50' wide temporary construction easement (0.438 acre/ 19,004 sq. ft.) on land located in the RF.Allen Survey, Abstract No. 29, located in Keller, Texas and owned by PJRD Development Company; 2) a 20' wide permanent waterline easement (0.177 acre/ 7,718 sq. ft.) and a 50' wide temporary construction easement (0.431 acre/ 18,769 sq. ft.) on land located in the RF. Allen Survey, Abstract No. 29, located in Keller, Texas and owned by Gerald Don Whigham and Joan Whigham; 3) a 25' wide permanent waterline easement (1.389 acres/ 60;509 sq. ft.) and a 50' wide temporary construction easement (2.691 acres! 117,226 sq. ft.) on land located in the RF. Allen Survey, Abstract No. 29, located in Keller, Texas and owned by Richard J. Gibson. 10. Other items for consideration: A. Consider SP03-115, Variance to Sign Ordinance No. 704-A, for 114 Kimball Square located at 2360 East State Highway 114. 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, January 2, 2004, by 6:00 p.m., pursuant to the Texas Government Code, ~~,:!51. "" . \THI A "'I "au "-"1~ " ~ ..,' co .......... ~ '~ /).IJ'/)~ ~~.. ....,A'" l.VV" l.f.- So...... ~ ~ :>-: * \~: Lori A. Farwell ~ ~ i : en ~ . :,'-''' :'~ CIty Secretary ~ ... ... $ ~ .. .. ~ If you plan to attend this public meeting i1ff4 ha~l,7J:;isO;.;ttity that requires special needs, please advise the City Secretary's Office 48 h~fJkJ"J.I~'ance 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 January 6, 2004 Page 4 of 4 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. City of Southlake vs. Pinnacle Integrated Technologies, Inc. September 2002. 3. Richard W. Hart vs. City of Southlake. September 2002. 4. Architectural Utilities Limited Partnership dba AU! General Contractors vs. City ofSouthlake. March 2003. 5. Marpave, Inc., vs. City of Southlake. November 2003. 6. Steve L. Perry and Aline Perry vs. City ofSouthlake. November 2003. 7. R.E. and Marilyn Smith vs. City ofSouthlake. December 2003. SECTION 551.072 DELIBERATION REGARDING 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 REGARDING PROSPECTIVE GIFf 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 REGARDING 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 REGARDING SECURITY DEVICES The City Council may deliberate the deployment, or specific occasions for implementation of security personnel or devices. SECTION 551.087 DELIBERATION REGARDING ECONOMIC DEVELOPMENT NEGOTIATIONS . 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.