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2004-04-20 . I I. I I I -I I I I Ie I I I I I I I Ie I CITY OF SOUTHLAKE REGULAR CITY COUNCIL MEETING: APRIL 20. 2004 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 exceptions. 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 posted subiect matter of this City Councll meetin2. 1. Section 551.071 Consultation with attorney a. Seek the advice of the city attorney regarding water back billing. 2. Section 551.087 Deliberation re2ardin2 economic development ne20tiations a. Economic incentives for businesses. B. Reconvene: Action necessary on items discussed in Executive Session. 3. INVOCATION: Gateway Church 4. REPORTS: A. Mayor's Report 1. Proclamation for Child Abuse Prevention Month 2. Proclamation for Administrative Professional's Week B. City Manager's Report C. Financial 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 April 20, 2004 Page 2 of6 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 March 30, 2004, special City Council meeting and for the April 6, 2004, regular City Council meeting. B. Award the bid for paving and drainage improvements on South Kimball Avenue from FM 1709 to Heritage Park and East Continental Boulevard from Crooked Lane to South Kimball Avenue, S-7 Sewer Line, Continental/Carroll Roundabout and Scenic Drive Drainage Improvements to Tiseo Paving Company. C. Authorize the Mayor to enter into an architectural services agreement with RPGA Design Group, Inc., for the North DPS Facility. D. ZA04-013, Revised Site Plan for Wright Professional Building on property located at 200 East Southlake Boulevard. Current Zoning: 0-1 Office District. SPIN Neighborhood #10. (This item has been tabled to the May 4, 2004, City Council meeting.) E. Resolution No. 04-022, An amendment to the Master Thoroughfare Plan for Kirkwood Boulevard. (This item has been tabletL) REGULAR AGENDA 6. Public Forum. 7. Ordinances, second readings, public hearings, and related items: A. Ordinance No. 480-433, 2nd Reading (ZA03-094), Zoning Change and Site Plan for Blue Haven Pools on property located at 1621 East Southlake Boulevard; on the southwest comer of East Southlake Boulevard and Miron Drive. Current Zoning: C-2 Local Retail Commercial District. Requested Zoning: S-P-l Detailed Site Plan District with C-2 Local Retail Commercial District uses. SPIN Neighborhood #8. PUBLIC BEARING B. Ordinance No. 480-434, 2nd Reading (ZA04-0IO), Zoning Change for 345 West Bob Jones Road located on the south side of West Bob Jones Road, approximately 1,200 feet west of North White Chapel Boulevard. Current 'I I. I I I I I I I I. I I I I I I I I. I City of Soutblake City Councll meeting agenda April 20, 2004 Page 3 0(6 Zoning: AG Agricultural District. Requested Zoning: SF-IA Single Family Residential District. SPIN Neighborhood #1.PUBLIC HEARING C. Resolution No. 04-024, (ZA04-014), Specific Use Permit for outside sales or service to allow Sno-Cone stand sales for the months of April through September on property located at 2199 East Dove Road. Current Zoning: C-l Neighborhood Commercial District. SPIN Neighborhood #5. PUBLIC HEARING D. Resolution No. 04-025, (ZA04-015), Specific Use Permit for outside sales or service to allow Sno-Cone stand sales for the months of April through September on property located at 2232 West Southlake Boulevard. Current Zoning: C-3 General Commercial District. SPIN Neighborhood #15. PUBLIC HEARING E. Resolution No. 04-026, (ZA04-018), Specific Use Permit for the sale of alcoholic beverages at the Melting Pot on property located at 2777 East Southlake Boulevard, Suite 100. Current Zoning: S-P-2 General Site Plan District. SPIN Neighborhood #7. PUBLIC HEARING 8. Ordinances, first readings, and related items: A. Ordinance No. 480-435, 1 st Reading (ZA03-099), Zoning Change and Site Plan for Feedstore BBQ described as Tract 4D and a portion of Tract IF, H. Granberry Survey, Abstract No. 581, located at 530 South White Chapel Boulevard. Current Zoning: C-l Neighborhood Commercial District and AG Agricultural District. Requested Zoning: S-P-l Detailed Site Plan District. SPIN Neighborhood #14. (If approved at first reading, the public hearing will be held May 4, 2004.) 9. Resolutions: (There are no items on this agenda.) 10. Other items for consideration: A. Consider SP04-067, Variance to Sign Ordinance No. 704-A, for Piano Gallery located at 2366 and 2368 East State Highway 114. B. Consider SP04-068, Variance to Sign Ordinance No. 704-A, for Cheeburger Cheeburger located at 2787 East Southlake Boulevard, Suite 100. C. Consider SP04-065,. Variance to Sign Ordinance No. 704-A, for Sleep Experts located at 2757 East Southlake Boulevard, Suite 120. I I . I I I I I I I I. I I I I I I I .e I City of SouthIake City CouncD meeting agenda April 20, 2004 Page 4 of6 D. Authorize the Mayor to execute a revised residential developer's agreement for Pin Oak Estates, a 57-lot addition, formerly known as Oak Hill Mobile Home Park. 11. Other items for discussion: A. Property tax reform. 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, April 16, 2004, by 6:00 p.m., pursuant to the Texas Government Code, Chapter 551. """'11'",, "~,I , 'TH~"" ,'\ IV " ~ .' <iP ...."... ~ " th ~ ~... ..' ,,, '(j ~~.. ..'"~ n, J ~ 0.. * ..~~; ~.. :),.:, : =1-: : = Lori A. Farwell ~ '0 " ! ~ S . -.. - CIty Secretary \ .... .... I " ......... ,'" " " "" **il ",,, If you plan to attend this public meeting and i:(JVewt1ts~bility that requires special needs, please advise the City Secretary's Office 48 hours in advance at 817-481-1490 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 e I I City of Southlake City Councll meeting agenda April 20, 2004 Page S of6 EXECUTIVE SESSION Section 551.071: Consultation with attornev 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. City of Southlake vs. Pinnacle Integrated Technologies, Inc. September 2002. 3. Richard W. Hart vs. City ofSouthlake. September 2002. 4. Architectural Utilities Limited Partnership dba AU! General Contractors vs. City of South lake. 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. 8. City of Southlake vs. Howard E. Carr, Jr. March 2004. 9. Sutton & Associates, L.P., vs. Dolan Directional Drilling, Inc., and City of Southlake. March 2004. Section 551.072: Deliberation ret!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: Deliberation ret!ardin2 prospective 2itt 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!ardin2 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. . I II) I I I I I I I Ie I I I I I I I .e I City of Soutblake City Councn meeting agenda April 20, 2004 Page 6 of6 Section 551.087: Deliberation re2ardinl! 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. Section 418.183(fl: 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 meetln2s to discuss ememencv manal!ement plans re2ardinl! 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.