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2004-08-17 I I. I I I I I I I Ie I I I I I I I I- I CITY OF SOUTHLAKE REGULAR CITY COUNCIL MEETING: AUGUST 17.2004 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 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 exceptions. 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 Attorney as to the posted subiect 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. Seek advice of the city attorney regarding a possible stop light at West Southlake Boulevard (FM 1709) and Bicentennial Park. 2. Section 551.072: Deliberation ree:ardine: real property a. Acquisition of property for park use. 3. Section 551.087 Deliberation ree:ardine: economic development nee:otiations a. Economic incentives for businesses. B. Reconvene: Action necessary on items discussed in Executive Session. 3. INVOCATION: David Whitington, Christ Our King Church 4. REPORTS: A. Mayor's Report I I. I I I I I I I I. I I I I I I I Ie I City of Southlake City Council meeting agenda August 17, 2004 Page 2 of 6 B. C. D. City Manager's Report Financial Report Life Saving Award 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 August 3, 2004, regular City Council meeting. REGULAR AGENDA 6. Public Forum. 7. Ordinances, second readings, public hearings, and related items: A. Ordinance No. 877, 2nd Reading, Changing the street name of Sam School Road to Sams School Road. PUBLIC HEARING B. Ordinance No. 480-YY, 2nd Reading, An Amendment to the Comprehensive Zoning Ordinance No. 480, Section 4, Definitions and Section 45, Specific Use Permits, as amended, pertaining to petroleum operations, oil & natural gas drilling and production. TABLE TO THE SEPTEMBER 7, 2004 CITY COUNCIL MEETING. C. Resolution No. 04-062, Establishing a 120 Day Moratorium on all applications for Gas and/or Oil Well Drilling and Production. 8. Ordinances, first readings, and related items: A. Ordinance No. 480-443, 1 st Reading (ZA04-026), Zoning Change and Site Plan for Carroll Terrace located at 600 North Carroll Avenue. Current Zoning: 0-1 Office District. Requested Zoning: S-P-l Detailed Site Plan District. SPIN Neighborhood #10. (If approved at first reading, the public hearing will be held September 7, 2004) B. Ordinance No. 480-444, 1 st Reading (ZA04-039), Zoning Change and Site Plan for Cedar Ridge Offices, located on the northwest comer of State Highway 114 and North Carroll Avenue. Current Zoning: C-3 General Commercial District. Requested Zoning: S-P-I Detailed Site Plan District. SPIN Neighborhood #6. (If approved at first reading, the public hearing will be held September 7, 2004) I I. I I I I I I I Ie I I I I I I I Ie I City of Southlake City Council meeting agenda August 17, 2004 Page 3 of 6 C. Ordinance No. 480-445, 18t Reading (ZA04-043), Zoning Change and Site Plan for Shady Oaks Office located on the northwest comer of the intersection of West Southlake Boulevard and Shady Oaks Drive. The property address is 606 West Southlake Boulevard. Current Zoning: AG Agricultural District. Requested Zoning: S-P-l Detailed Site Plan District. SPIN Neighborhood #13. (If approved at first reading, the public hearing will be held September 7, 2004) D. Ordinance No. 480-441, 18t Reading (ZA04-029), Zoning Change and Site Plan for Lot lR, Block 1, Gateway Church Addition located at 2121 East Southlake Boulevard. Current Zoning: CS Community Service District. Requested Zoning: S-P-l Detailed Site Plan District. SPIN Neighborhood #8. THIS ITEM HAS BEEN WITHDRAWN BY THE APPLICANT. 9. Resolutions: A. Resolution No. 04-055, Appoint a member to the Joint Drug and Alcohol Awareness Committee to fill the unexpired term of Brad Bartholomew until May 2005. B. Resolution No. 04-061, Appoint members to the Crime Control and Prevention District Board of Directors. 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. Approve renewal of contract with Canada Life/Jefferson Pilot for employee Long Term Disability benefits. C. Consider SP04-165, Variance to Sign Ordinance No. 704-B, State Farm Insurance, located at 1101 East State Highway 114, Suite 108. D. Award bid for North Carroll Avenue paving, drainage, water and sewer improvements from Federal Way to State Highway 114 to Mike Albert, Inc. 11. Other items for discussion: (There are no items on this agenda.) 12. Meeting adjourned. I I. I I I I I ,I I I. I I I I I I I Ie I City of Southlake City Council meeting agenda August 17 ~ 2004 Page 4 of 6 CERTIFICATE I hereby certify that the above agenda was posted on the official bulletin boards at Town Hall~ 1400 Main Street~ South1ake~ Texas~ on Friday~ August 13~ 2004~ by 6:00 p.m.~ pursuant to the Texas Government Code~ Chapter 551. ",""'J"~" ~", . 'TH~""~ .... 0'-' .... ..0; '0 ........ ,Jt.. ~ ~ L~.. ". ,~ tI': ... o~ .. .~ ~'.. I :e \ ~ \ E~: * \)(! :-. .~= ::<.)~ Iv":: City Seefet~ \)Prr Iii j CAiu Secretafu '\.... .... i ...."1""""'J J J ~, ............ i' "'" ....0; If you plan to attend this public meeting and have a disability {1ttll::(jtj~" 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. UtUa/)~ Lori 1... Farwell~ TRMC TaRO A. Bl!OOks I I. I II il I I I I I. I I I I I I I . . I I City of Southlake City Council meeting agenda August 17, 2004 Page 5 of 6 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.a!. May 2001. 2. Architectural Utilities Limited Partnership dba AU! General Contractors vs. City of Southlake. March 2003. 3. Marpave, Inc., vs. City of Southlake. November 2003. 4. Steve L. Perry and Aline Perry vs. City of Southlake. November 2003. 5. R.E. and Marilyn Smith vs. City of South lake. December 2003. 6. City of Southlake vs. Howard E. Carr, Jr. March 2004. 7. 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. Section 551.072: Deliberation ree:ardine: real propertv The City Council may conduct a closed meeting to deliberate the purchase, exchange, lease or value of real property. Section 551.073: Deliberation ree:ardine: prospective e:ift 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 ree:ardine: 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 ree:ardine: security devices The City Council may deliberate the deployment, or specific occasIOns for implementation of security personnel or devices. I I. I I I II ,I I :1 Ie I ,I II I I I I I I- I , . City of Southlake City Council meeting agenda August 17, 2004 Page 6 of 6 Section 551.087: Deliberation ree:ardine: economic development nee:otiations 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: I) 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 plans ree:ardine: 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.