2004-07-13
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CITY OF SOUTHLAKE
REGULAR CITY COUNCIL MEETING: JULY 13.2004
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 foUowin2 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 incorporated herein. Executive Session mav be held.
under these exceptions. at the end of the' Re2ular Session or at anv
time durin2 the meetin2 that a need arises for the City Councll to seek
advice from the City Attornev as to the posted subject matter of this
City Council meetin2.
1. Section 551.071 Consultation with attornev
a. Seek advice of the city attorney regarding water back
billing.
b. Seek advice of the city attorney regarding the Hanson
Aggregate case.
c. Seek advice of the city attorney regarding complaint by Hal
Sauls.
2. Section 551.072: Deliberation re2ardin2 real property
a. Discuss possible purchase of property for park purposes.
3. 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: Met Church
4. REPORTS:
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City of Southlake
City Couneil meeting agenda
July 13,2004
Page 2 of 6
A.
B.
C.
D.
E.
F.
Mayor's Report
City Manager's Report
SPIN Report
Library Board Report
Park and Recreation Board Report
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 June 15,2004, regular City Council meeting; for
the June 17 and June 18,2004, June Retreat with City Council; and for the
June 30, 2004, special City Council meeting.
B. ZA04-033, Plat Revision for Lot 8R, Block 6, Southlake Woods Phase 2;
being a revision of Lot 8, Block 6, Southlake Woods Phase 2. The
property is located at 1715 Weeping Willow Way. Current Zoning: SF-IA
Single Family Residential District. SPIN Neighborhood #16.
C. Authorize the Mayor to execute a commercial developer's agreement for
Chapel Hill Office Park Addition, a 4.24 acre site located at 205 East
Southlake Boulevard.
D. Approve appointment of Slaven L. Manning as a Police Reserve Officer.
REGULAR AGENDA
6. Public Forum.
7. Ordinances, second readings, public hearings, and related items:
A. Ordinance No. 480-440, 2nd Reading (ZA04-034) Zoning Change and Site
Plan for Lot I, Block I, Pecan Creek located at 721 East Southlake
Boulevard. Current Zoning: C-2 Local Retail Commercial District.
Requested Zoning: S-P-l Detailed Site Plan District. SPIN Neighborhood
#ge. PUBLIC HEARING
B. Resolution No. 04-052 (ZA04-035) Specific Use Permit for Far Pointe
Wine Bar & Bistro to allow a tavern, club, and other comparable
establishment under which the on-premise consumption of alcohol is
permitted. The property is located at 721 East Southlake Boulevard.
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City of Southlake
City Council meeting agenda
July 13, 2004
Page 3 of6
Current Zoning: C-2 Local Retail Commercial District. Proposed Zoning:
S-P-1 Detailed Site Plan District. SPIN Neighborhood #ge. PUBLIC
HEARING
C. Resolution No. 04-053 (ZA04-036) Specific Use Permit for the sale of
alcoholic beverages at Shogun Sushi, Inc. located at 2970 East Southlake
Boulevard. Current Zoning: S-P-2 General Site Plan District. SPIN
Neighborhood #7. PUBLIC HEARING
8. Ordinances, first readings, and related items:
A. Ordinance No. 868, 1 st Reading, Adoption of the 2003 International
Building Code. (If approved on first reading, the public hearing will be
July 20,2004.)
B. Ordinance No. 869, 1st Reading, Adoption of the 2003 International
Energy Conservation Code. (If approved on first reading, the public
hearing will be July 20, 2004.)
C. Ordinance No. 870, 1 st Reading, Adoption of the 2003 International Fire
Code. (If approved on first reading, the public hearing will be July 20,
2004.)
D. Ordinance No. 871, 1st Reading, Adoption of the 2003 International Fuel
Gas Code. (If approved on first reading, the public hearing will be July
20, 2004.)
E. Ordinance No. 872, 1 st Reading, Adoption of the 2003 International
Mechanical Code. (If approved on first reading, the public hearing will be
July 20, 2004.)
F. Ordinance No. 873, 1st Reading, Adoption of the 2003 International
Plumbing Code. (If approved on first reading, the public hearing will be
July 20, 2004.)
G. Ordinance No. 874, 1st Reading, Adoption of the 2003 International
Residential Code. (If approved on first reading, the public hearing will be
July 20, 2004.)
H. Ordinance No. 875, 1st Reading, Adoption of the 2002 National Electrical
Code. (If approved on first reading, the public hearing will be July 20,
2004.)
I. Ordinance No. 876, 1 st Reading, Adoption of the Property Maintenance
Code. (If approved on first reading, the public hearing will be July 20,
2004.)
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City of Southlake
City Council meeting agenda
July 13, 2004
Page 4 of 6
9. Resolutions:
A. Resolution No. 04-054, Appoint a member to the Zoning Board of
Adjustment to fill the unexpired term of Al Morin, Alternate 1, until May
2005.
10. Other items for consideration:
A. Consider excusing members of the City Council and of the Planning and
Zoning Commission for absences from meetings.
B. Consider SP04-127, Variance to Sign Ordinance No. 704-B, Roly Poly
Rolled Sandwiches, located at 2787 East Southlake Boulevard, Suite 110.
C. Approval of 2004 Facilities Utilization Agreement with Southlake
Baseball Association (SBA).
D. Approval of 2004 Facilities Utilization Agreement with Southlake Girls
Softball Association (SGSA).
E. Approval of 2004 Facilities Utilization Agreement with Grapevine-
Southlake Soccer Association (GSSA).
F. Approval of 2004 Facilities Utilization Agreement with Southlake Carroll
Lacrosse Association (SCLA).
G. Approval to enter into a lease agreement for grazing on undeveloped City
property.
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, July 9,2004, by 6:00 p.m., pursuant
to the Texas Government Code, Chapter 5~1..1lt"""
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LonA.Farwell, C $t:! * :~~
City Secretary : 0 : : :
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If you plan to attend this public meetin'i--!ln;'.,tz.ave a d~ffl/ty that requires special needs, please
advise the City Secretary's Office 48"fiwu;i;.t1f.-advq.pte at 817-481-1490 and reasonable
accommodations will be made to assist you."'"",::,~"""""
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City of Southlake
City Council meeting agenda
July 13, 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 of South lake vs. Timarron et.al. May 2001.
2. Richard W. Hart vs. City ofSouthlake. September 2002.
3. Architectural Utilities Limited Partnership dba AU! General Contractors vs. City
of South lake. March 2003.
4. Marpave, Inc., vs. City of South lake. November 2003.
5. Steve L. Perry and Aline Perry vs. City ofSouthlake. November 2003.
6. R.E. and Marilyn Smith vs. City ofSouthlake. December 2003.
7. City of Southlake vs. Howard E. Carr, Jr. March 2004.
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 Irlft 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 Council meeting agenda
July 13, 2004
Page 6 of6
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 meetin2s to discuss emer2encv mana2ement plans
re2ardin2 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.