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2004-10-05 I I. I I I I I I I I. I I I I I I I. I I CITY OF SOUTHLAKE REGULAR CITY COUNCIL MEETING: OCTOBER 5.2004 LOCATION: 1400 Main Street, Southlake, Texas Council Chambers in Town Hall WORK SESSION: 5:30 to 6:00 P.M. 1. Cal1to 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 foUowm2 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 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 Councn to seek advice from the City Attornev as to the oosted subject 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. Marpave, Inc. vs. City of Southlake. d. R.E. and Marilyn Smith 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: Scott Berry, First Baptist Church 4. REPORTS: A. Mayor's Report 1. Proclamation for Relationship Violence Awareness Month 2. Proclamation for Master Gardeners Contribution to Liberty Garden I I. I I I I I I I I. I I I I I I I. I I City of Southlake City Council meeting agenda October 5, 2004 Page 2 of7 B. City Manager's Report C. SPIN Board 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 September 21, 2004, regular City Council meeting. B. Authorize the City Manager to enter into an agreement for the purchase of park property. C. Approve an Interlocal Agreement for funding the Teen Court Program between the cities of Southlake, Colleyville, and Grapevine. REGULAR AGENDA 6. Public Forum. 7. Ordinances, second readings, public hearings, and related items: A. Ordinance No. 880, 2nd Reading, Amendment to Chapter 9.5 - Environment of the Southlake City Code to add Article IV "Gas and Oil Well Permits." PUBLIC HEARING B. Ordinance No. 881, 2nd Reading, Amendment to Section 12-78 of Article ill, Park and Recreation Board Meetings and by-laws, of Chapter 12 of the Southlake City Code; providing for revision to election of officers. PUBLIC HEARING C. ZA04-049, Site Plan for Guaranty Bank located at 415 East Southlake Boulevard. Current Zoning: S-P-2 General Site Plan District. SPIN Neighborhood #9W. PUBLIC HEARING D. Resolution No. 04-069, (ZA04-074), Specific Use Permit to Allow Outside Sales and Service for the Pumpkin Patch located at 2171 East I I. I I I I I I I I. I I I I I I I. I I City of Southlake City CouneD meeting agenda October 5, 2004 Page 3 of7 Southlake Boulevard. Current Zoning: S-P-1 Detailed Site Plan District. SPIN Neighborhood #8. PUBLIC HEARING E. ZA04-066, Revised Concept Plan for Southlake Town Square. The property is bounded by State Highway 114 on the north side and Southlake Town Square, Phase I on the south side. Current Zoning: DT Downtown District. SPIN Neighborhood #8. PUBLIC HEARING F. ZA04-067, Site Plan for Southlake Town Square Grand Avenue District. The property is bounded by State Highway 114 on the north side and Southlake Town Square, Phase I on the south side. Current Zoning: DT Downtown District. SPIN Neighborhood #8. PUBLIC HEARING G. Resolution No. 04-070, (ZA04-069), Specific Use Permit to Allow Multi- level Parking Garages for Non-Residential Property on Lot 2, Block 3R1 and Lot 3, Block 4R, Southlake Town Square, Phase I and on a Portion of Tracts 2A5 and 3 in the Richard EOOs Survey, Abstract No. 481. The sites are located approximately 1,000 feet east of North Carroll Avenue and approximately 1,000 feet south of State Highway 114. Current Zoning: DT Downtown District. SPIN Neighborhood #8. PUBLIC HEARING H. ZA04-070, Revised Preliminary Plat for Blocks 3R2, 4R1, 12-14, 17 and 18, Southlake Town Square; being a revision of Lot 3, Block 4R and Lot 2, Block 3R1, Southlake Town Square, Phase I and being a portion ofland in the Richard EOOs Survey, Abstract No. 481. The property is bounded by State Highway 114 on the north side and Southlake Town Square, Phase I on the south side. Current Zoning: DT Downtown District. SPIN Neighborhood #8. I. ZA04-071, Plat Revision for Blocks 3R2, 4R1, 12-14, 17 and 18, Southlake Town Square; being a revision of Lot 3, Block 4R and Lot 2, Block 3R1, Southlake Town Square, Phase I and being a portion ofland in the Richard EOOs Survey, Abstract No. 481. The property is bounded by State Highway 114 on the north side and Southlake Town Square, Phase I on the south side. Current Zoning: DT Downtown District. SPIN Neighborhood #8. 8. Ordinances, first readings, and related items: A. Ordinance No. 480-446, (ZA04-044), 1st Reading, Zoning Change and Concept Plan for Kimball Estates located at 1470 North Kimball Avenue. Current Zoning: SF-1A Single Family Residential District. Requested Zoning: SF-20A Single Family Residential District. SPIN Neighborhood #5. THIS ITEM HAS BEEN TABLED TO THE NOVEMBER 2, 2004, CITY COUNCIL MEETING. I I :. I ,I I II I 'I , II I I 'I. II II I I I I I. I I City of Southlake City Council meeting agenda October S, 1004 Page 4 of7 B. Ordinance No. 480-447, (ZA04-051), 1st 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-1 Detailed Site Plan District with C-2 Local Retail Commercial District uses. SPIN Neighborhood #6. (If approved at first reading, the public hearing will be held October 19, 2004). C. Ordinance No. 480-448, (ZA04-054), 1st 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. THIS ITEM HAS BEEN TABLED TO THE OCTOBER 19, 2004, CITY COUNCIL MEETING. 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. ZA04-065, Plat Revision for Lots 1 through 5, Block 5, Cornerstone Business Park being a revision of Lots 1, 2R1, 3, 4 and 5, Block 5, Cornerstone Business Park; to include Tracts llE1 and llF, Thomas Easter Survey, Abstract No. 474. The property is located on the east side of South Nolen Drive, approximately 600 feet south of East Southlake Boulevard. Current Zoning: S-P-2 General Site Plan District. SPIN Neighborhood #7. C. Consider SP04-210, Variance to Sign Ordinance No. 704-B, Highland Nails & Spa, located at 2125 West Southlake Boulevard, Suite 335. D. Consider SP04-212, Amendment to Conditional Sign Permit for Gateway Plaza Phase IT, located at East Southlake Boulevard and Nolen Drive. E. Consider SP04-223, Variance to Sign Ordinance No. 704-B, Harris Methodist Southlake, located at 1545 East Southlake Boulevard. F. Consider SP04-224, Conditional Sign Permit for a Directory and Directional Signage System at Harris Methodist Southlake, located at 1545 East Southlake Boulevard. I I. I I I I I I I I. I I I I I I I. I I City of Soutblake City Councll meeting agenda October 5, 2004 Page Sof7 G. Consider SP04-229, Variance to Sign Ordinance No. 704-B, Velocity Sports Performance, located at 1800 East State Highway 114, Suite 102. H. Consider Option #3 of the Joint Utilization Analysis Report. 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, October 1, 2004, by 6:00 p.m., pursuant to the Texas Government Code, Chapter 551. \\\1$'1111'", ~ WP ...... OUTII~~'~ . 0. o:-......!< ~........~.11'"..tI.."~ ....0.. .,~-~ !~I *. \'""~~ Lori A. Farwell, TRMC i -0: : : - . . - City Secretary -; \. ; 0,) i ~ .... .... I "" ......... ,$ lfyou plan to attend this public meeting an'i1'-i4,t.,'dtdcdio;.qJ,flity that requires special needs, please .. 'f"""'" adVIse the CIty Secretary's Office 48 hours In advance at 817-481-1490 and reasonable accommodations will be made to assist you. I I. I I I I I I I Ie I I I I I I I. I I City of Southlake City Council meeting agenda October S, 2004 Page 6 of7 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.a!. May 2001. 2. Architectural Utilities Limited Partnership dba AU! General Contractors vs. City of Southlake. March 2003. 3. Marpave, Inc., vs. City ofSouthlake. November 2003. 4. Steve L. Perry and Aline Perry vs. City of South lake. November 2003. 5. R.E. and Marilyn Smith vs. City of Southlake. 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, Carlee 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 DrODertv 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: DrosDective 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: Dersonnel 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. Section 551.087: Deliberation ree:ardine: economic develoDment 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. I I. I I I I I I I Ie I I I I I I I. I I City of Southlake City Council meeting agenda October 5, 2004 Page 7 of7 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 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.