2004-09-21
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CITY OF SOUTHLAKE
REGULAR CITY COUNCIL MEETING: SEPTEMBER 21.2004
LOCATION:
1400 Main Street, Southlake, Texas
Council Chambers in Town Hall
WORK SESSION: 5:30 to 6:00 P.M.
1. Callto order.
2. 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 followin2 the work session
1. Callto 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 Re2ular Session or at any
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 Council meetin2.
1. Section 551.071: Consultation with attorney
a. Seek advice of the city attorney regarding water back
billing.
b. Marpave, Inc., vs. City of Southlake.
2. Section 551.087: Deliberation re2ardin2 economic develooment
ne2otiations
a. Economic incentives for businesses.
B. Reconvene: Action necessary on items discussed in Executive Session.
3. INVOCATION: Cornerstone Bible Church
4. REPORTS:
A. Mayor's Report
1. Proclamation for Family Day
B. City Manager's Report
C. Financial Report
D. Local Business Report
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City of Southlake
City CouncD meeting agenda
September 21, 2004
Page 2 of 6
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 September 7, 2004, regular City Council
meeting.
B. Approve renewal of contract with Mutual of Omaha for employee and
dependent basic and voluntary life insurance benefits and employee
Accidental Death and Dismemberment insurance benefits.
C. Authorize the Mayor to execute an Interlocal Agreement between the City
of Southlake and the City of Colleyville for GIS services.
D. Authorize the Mayor to enter into an Interlocal Agreement between the
City of Fort Worth and the City of Southlake for participation in Fort
Worth's Environmental Collection Center and Household Waste Program.
E. Authorize the City Manager to enter into an agreement for the purchase of
park property.
REGULAR AGENDA
6. Public Forum.
7. Ordinances, second readings, public hearings, and related items:
A. Ordinance No. 878, 2nd Reading, Annual Budget for FY 2004-05 and
revised budget figures for FY 2003-04 and multi-year CIP. SECOND
PUBLIC HEARING
B. Ordinance No. 879, 2nd Reading, Tax Levy Ordinance. SECOND
PUBLIC HEARING
C. ZA04-056, Revised Site Plan for Colonial Bank, located in Southlake
Comers at the 200 block of North Kimball Avenue. Current Zoning: C-3
General Commercial District. SPIN Neighborhood #8. PUBLIC
HEARING
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City of Soutblake
City Council meeting agenda
September 21, 2004
Page 3 of6
D. ZA04-058, Site Plan for Don Davis Investments, located in North Davis
Business Park at 2105 Greenbriar. Current Zoning: 1-1 Light Industrial
District. SPIN Neighborhood #16. PUBLIC HEARING
E. Resolution No. 04-068, (ZA04-061), Specific Use Permit for Outdoor
Sales to allow hot dog stand sales in front of Lowe's, at 201 North Kimball
Avenue. Current Zoning: C-3 General Commercial District. SPIN
Neighborhood #7. PUBLIC HEARING
F. Resolution No. 04-066, An Amendment to the Master Thoroughfare Plan
regarding the crossing of Kirkwood Boulevard Extension at the Highland
Street/Carroll Avenue intersection. PUBLIC HEARING
8. Ordinances, first readings, and related items:
A. Ordinance No. 880, 1st Reading, Amendment to Chapter 9.5 _
Environment of the Southlalee City Code to add Article IV "Gas and Oil
Well Permits." (If approved at first reading, the public hearing will be
held October 5, 2004.)
B. Ordinance No. 881, 1st Reading, Amendment to Section 12-78 of Article
III, Park and Recreation Board Meetings and by-laws, of Chapter 12 of the
Southlalee City Code; providing for revision to election of officers. (If
approved at first reading, the public hearing will be held October 5,
2004.)
9. Resolutions: (There are no items on this agenda.)
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. ZA04-048, Revised Preliminary Plat for Lots 3Rl, 3R2, 4Rl, & 4R2,
Block 1, The Glory Place, being a revision of Tracts 3 and 4R, The Glory
Place, located at 160 and 200 East Continental Boulevard. Current Zoning:
SF-IA Single Family Residential District. SPIN Neighborhood #9W.
C. ZA04-072, Plat Revision for Lots 3Rl, 3R2, 4Rl, & 4R2, Block 1, The
Glory Place, being a revision of Tracts 3 and 4R, The Glory Place, located
at 160 and 200 East Continental Boulevard. Current Zoning: SF-IA Single
Family Residential District. SPIN Neighborhood #9W.
D. Consider SP04-209, Variance to Sign Ordinance No. 704-B, Next Century
Dental, located at 2630 East State Highway 114 (west bound access road).
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City of Southlake
City Council meeting agenda
September 21, 2004
Page 4 of6
E. Consider SP04-210, Variance to Sign Ordinance No. 704-B, Highland
Nails & Spa, located at 2125 West Southlake Boulevard, Suite 335.
F. Consider SP04-212, Amendment to Conditional Sign Permit for Gateway
Plaza Phase II, located at East Southlake Boulevard and North Nolen
Drive.
G. Consider SP04-213, Amendment to Conditional Sign Permit for Southlake
Comers (Colonial Bank), located at the 200 block of North Kimball
Avenue.
11. Other items for discussion:
A. Southlake Town Square development.
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, September 17,2004, by 6:00 p.m.,
pursuant to the Texas Government Code, Chapter 551.
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lfyou plan to attend this public meeting anfi,h-a..* d~ility that requires special needs, please
1f,~:;,".\t1
advise the City Secretary's Office 48 hours In advance at 817-481-1490 and reasonable
accommodations will be made to assist you.
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City of Southlake
City Councll meeting agenda
September 21, 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 Southlake vs. Timarron et.al. May 2001.
2. Architectural Utilities Limited Partnership dba AU! General Contractors vs. City
ofSouthlake. March 2003.
3. Marpave, Inc., vs. City of Southlake. November 2003.
4. Steve L. Perry and Aline Perry vs. City ofSouthlake. November 2003.
5. R.E. and Marilyn Smith vs. City ofSouthlake. 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 South lake. 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 mt 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: penonnel 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 ree:ardine: security devices
The City Council may deliberate the deployment, or specific occasions for
implementation of security personnel or devices.
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.
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City of Southlake
City Couneil meeting agenda
September 21, 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 meetine:s to discuss emere:encv manae:ement olans
ree:ardine: oioeline 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.