2004-10-19
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CITY OF SOUTHLAKE
REGULAR CITY COUNCIL MEETING: OCTOBER 194 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 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 held4
under these exceotions4 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 Attorney 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. Seek advice of the city attorney regarding changes in
property values based upon tax exempt status.
c. Seek the advice of the city attorney regarding city-initiated
rezonings.
2. Section 551.072: Deliberation re2ardin2real orooertv
a. Discuss value of city-owned property on the northeast
comer ofFM 1709 and Pearson Lane.
3. Section 551.074: Deliberation re2ardin2 oersonnel matters
a. Discuss transition, organizational changes, and
reassignment of duties necessitated by the pending
retirement ofthe City Manager.
4. Section 551.087: Deliberation re2ardin2 economic develooment
ne20tiations
a. Economic incentives for businesses.
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City of Southlake
City Council meeting agenda
October 19,2004
Page 2 of6
B. Reconvene: Action necessary on items discussed in Executive Session.
3. INVOCATION: Scott Berry, First Baptist Church
4. REPORTS:
A. Mayor's Report
B. City Manager's Report
C. Financial Report
D. School District Reports
E. 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 of the October 5,2004, regular City Council meeting.
B. Authorize the Mayor to execute a professional services agreement with
Cheatham and Associates for the design of the Florence Elevated Storage
Tame
C. ZA04-063, Revised Development Plan for Pecan Creek, Lot 2R, Block 60,
Timarron Addition Phase 5, located on the east side of the 200 block of
Byron Nelson Parkway approximately 500 feet south of East Southlake
Boulevard. Current Zoning: R-PUD Residential Planned Unit
Development District. SPIN Neighborhood #ge. THIS ITEM HAS
BEEN TABLED TO THE NOVEMBER 9, 2004, CITY COUNCIL
MEETING.
D. Authorize the Mayor to execute a Commercial Developer's Agreement
with M.C. Properties for the construction of a 12" water line along SH 114
from North Kimball Avenue to Briarwood Drive.
E. Authorize the Mayor to execute a Residential Developer's Agreement for
Estes Park II, a 46-lot subdivision, located on the west side of North
Carroll Avenue between Carroll Meadows Court and Dove Street.
F. Approve the appointment of Ken Baker as Director of Planning.
G. Approve a lease agreement for property located at 315 and 379 Shady
Oaks Lane.
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City of Southlake
City Council meeting agenda
October 19, 2004
Page 3 of 6
REGULAR AGENDA
6. Public Forum.
7. Ordinances, second readings, public hearings, and related items:
A. Ordinance No. 480-447, (ZA04-051), 2nd Reading, Zoning Change and
Site Plan for Clearview Eyecare & Laser Center located at 2100 East State
Highway 114. 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 #6. PUBLIC HEARING
8. Ordinances, first readings, and related items:
A. Ordinance No. 480-448, (ZA04-054), 1 st Reading, Zoning Change and
Concept Plan for St. Emilion Subdivision located at 1580 East Highland
Street; on the north side of East Highland Street, approximately 650 feet
west of Sunshine Lane, being approximately 17 acres. Current Zoning:
AG Agricultural District. Requested Zoning: SF-30 Single Family
Residential District. SPIN Neighborhood #5. (If approved on first reading,
the public hearing will be held on November 9, 2004.)
B. Ordinance No. 480-449, (ZA04-079), 1 st Reading, Zoning Change for 711
South White Chapel Boulevard being a portion of Lot 3Rl, Block A,
White Chapel Place Addition. Current Zoning: SF-IA Single Family
Residential District. Requested Zoning: RE Residential Estate District.
SPIN Neighborhood #9w. (If approved at first reading, the public hearing
will be held November 9, 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. Consider SP04-212, Amendment to Conditional Sign Permit for Gateway
Plaza Phase II, located at Southlake Boulevard and Nolen Drive.
C. Consider SP04-246, Variance to the Sign Ordinance 704-B for Lake
Wood Acres office building located at 750-758 North Carroll Avenue.
11. Other items for discussion:
A. Southlake Town Square development.
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City of Southlake
City Council meeting agenda
October 19,2004
Page 4 of 6
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, October 15, 2004, by 6:00 p.m.,
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pursuant to e Texas Government Code, Chapter 551. """'\THL~'~/I',
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If you plan to attend this public meeting and have a disability 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.
_Lhw) 1?5u.')iLn)
Lori A. Far.vcll, TRMC 1CUa 'Bu:ok.s
City S8~r.etary Vefhtj ti~ &ti'etf1lj
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City of Southlake
City Council meeting agenda
October 19,2004
Page S 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 Southlake vs. Timarron et.a!. May 2001.
2. Architectural Utilities Limited Partnership dba AUI General Contractors vs. City
of Southlake. March 2003.
3. Steve L. Perry and Aline Perry vs. City of Southlake. November 2003.
4. R.E. and Marilyn Smith vs. City of South lake. December 2003.
5. City of Southlake vs. Howard E. Carr, Jr. March 2004.
6. 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 reeardine 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 reeardine prospective ent 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 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 reeardine security devices
The City Council may deliberate the deployment, or specific occaSIOns for
implementation of security personnel or devices.
Section 551.087: Deliberation reeardine economic development neeotiations
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
October 19, 2004
Page 6 of 6
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 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.