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2004-05-04 - I \ra I I I I I I I lit I I I I I I .. I I CITY OF SOUTHLAKE REGULAR CITY COUNCIL MEETING: MAY 4. 2004 LOCATION: 1400 Main Street, Southlake, Texas Council Chambers in Town Hall WORK SESSION: 5:30 to 6:00 P.M. 1. Callto order. 2. Special presentation by the Texas Department of Transportation. 3. 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 exceotions. at the end of the Ree:ular Session or at any time durine: the meetine: that a need arises for the City Councll to seek advice from the City Attornev as to the oosted subject matter of this City Councll meetine:. 1. Section 551.071 Consultation with attorney a. Seek advice of the city attorney regarding water back billing. b. Richard W. Hart vs. City of Southlake. c. Seek advice of the city attorney regarding the regulation of alcohol sales. 2. Section 551.072 Deliberation ree:ardine: real orooertv a. Discuss value of city-owned property on Shady Oaks. 3. Section 551.087 Deliberation ree:ardine: economic develooment nee:otiations a. Economic incentives for businesses. B. Reconvene: Action necessary on items discussed in Executive Session. 3. INVOCATION: White's Chapel United Methodist Church 4. REPORTS: - I '0 I I I I I I I P I I I I I I .. I I City of Southlake City CouneD meeting agenda May 4, 2004 Page 2 of6 A. Mayor's Report 1. Recognition of "S.P.I.N. into Spring" sponsors and participants B. City Manager's Report C. SPIN Report D. Library Board Report E. Park and Recreation Board Report F. 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. Consent: A. Approve minutes for the April 20, 2004, regular City Council meeting. B. Award bid for the construction of the redundant water supply line from the City of Fort Worth to the City ofSouthlake Pump Station No.1 to Barson Utilities, Inc. REGULAR AGENDA 6. Public Forum. 7. Ordinances, second readings, public hearings, and related items: A. 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. PUBLIC HEARING B. Resolution No. 04-027 (ZA03-089) Specific Use Permit for the co- location of a telecommunications antenna on an existing tower on property located at 3700 North White Chapel Boulevard. Current Zoning: CS Community Service District. SPIN Neighborhood #13. PUBLIC HEARING C. Resolution No. 04-028 (ZA04-023) Specific Use Permit for a mass gathering event for Stars and Stripes, July 3, 2004, celebration on property described as Southlake Town Square, Phase One. Current Zoning: DT Downtown District. SPIN Neighborhood #8. PUBLIC HEARING I '0 I I I I I I I P I I I I I I I. I I City of Soutblake City Couneil meeting agenda May 4, 2004 Page 3 of6 D. Ordinance No. 480-435, 2nd 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-I Neighborhood Commercial District and AG Agricultural District. Requested Zoning: S-P-I Detailed Site Plan District. SPIN Neighborhood #14. PUBLIC HEARING 8. Ordinances, first readings, and related items: A. Ordinance No. 480-437, 1st Reading (ZA03-096) Zoning Change with Development Plan for Estes Park, Phase II, generally located along the north side of the 700 to 900 blocks of Primrose Lane, the west side of the 2100 block of North Carroll Avenue and the south side of the 800 block of East Dove Street. Current Zoning: AG Agricultural District and R-PUD Residential Planned Unit Development. Requested Zoning: R-PUD Residential Planned Unit Development. SPIN Neighborhood #5. (If approved at first reading, the public hearing will be held May 18, 2004). 9. Resolutions: A. Resolution No. 04-029, Approving and authorizing publication of notice of intention to issue certification of obligation for street and drainage improvements. B. Resolution No. 04-030, Approving and authorizing publication of notice of intention to issue certification of obligation for water and sewer improvements and extensions. 10. Other items for consideration: A. ZA04-019, Plat Revision for Lot 5RI, A.A. Freeman No. 522 Addition; being a revision of Lots 5R & 6R, A.A. Freeman No. 522 Addition, located at 422 and 426 Southridge Lakes Parkway. Current Zoning: SF-IA Single Family Residential District. SPIN Neighborhood #13. B. Consider SP04-081, Variance to Sign Ordinance No. 704-A, The Offices At Byron Nelson, located at 630 East Southlake Boulevard. II. Other items for discussion: A. Emergency repairs to Bicentennial Park drainage. 12. Meeting adjourned. I 'c I I I I I I I 10 I I I I I I I. I I City of Southlake City Council meeting agenda May 4, 2004 Page 4 of6 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 30, 2004, by 6:00 p.m., pursuant to the Texas Government Code, Chapter 551. "",'"...."",'1. ,..' OOTH~~#. .. ~#. ~ ~ ........ ~ .:' L..- ..... "'O~.. e# ,,~ i.- \"-:' ::>..: * .((\~; =,...: , : --. . - :0\ :C/J~ City Secretary "\ .... .l . i , .. ..:- " ........ ," " ,'" If you plan to attend this public meeting and'~:J~ility 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. k'o.~ Lori A. Farwell, TRMC I '0 I I I I I I I fa I I I I I I I. I I City of Southlake City Council meeting agenda May 4, 2004 Page 5 of6 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. 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 Southlake. 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 of South lake. 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 reeardine 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 reeardine orosoective eift 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 reeardine 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 reeardine security devices The City Council may deliberate the deployment, or specific occasions for implementation of security personnel or devices. I ~ I I I I I I I ,. I I II I II I .. I I City of Southlake City Council meeting agenda May 4, 2004 Page 6 of6 Section 551.087: DeUberation re2ardine: 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(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 418.106(d) & (e): Local meetine:s to discuss emere:encv manae:ement BlaBS ree:ardine: oioeUne 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.