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Agenda I I .e I I I I I I Ie I I I I I I I .e I CITY OF SOUTHLAKE REGULAR CITY COUNCIL MEETING: FEBRUARY 15.2005 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 followine: the work session 1. Cal1to order. 2. A. Executive Session: Pursuant to the Open Meetings Act, Chapter 551, Texas Government Code, Sections 551.071, ~51.072, 551.073, 551.074, 551.076, 551.087, 418.183(t), 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 Ree:ular Session or at any time durine: the meetine: 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 meetine:. 1. Section 551.071: Consultation with attorney a. Seek advice of the city attorney regarding changes in property values based upon tax exempt status. b. Seek advice of the city attorney regarding Public Works investigation. c. Seek advice of the city attorney regarding the Economic Development Program Agreement between Southlake Phoenix Homes, Ltd. and the City of Southlake. d. Seek advice of the city attorney regarding the claim made by Kenneth and Maureen Schmiedel. e. Seek advice of the city attorney regarding the claim made by Jeff Powell. . f. Sutton & Associates, L.P., vs. Dolan Directional Drilling, Inc., and City of Southlake. 2. Section 551.087: Deliberation ree:ardine: economic develooment nee:otiations a. Economic incentives for businesses. B. Reconvene: Action necessary on items discussed in Executive Session. I' I .e I I I I I I Ie I I I I I I I .e I City of Southlake City Council meeting agenda February IS, 200S Page 2 of6 3. INVOCATION: Eric Hulet, Grace Community Church 4. REPORTS: A. Mayor's Report 1. Proclamation for United States Armed Forces Week in Southlake B. City Manager's Report C. Financial Report D. 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 the minutes for the February 1, 2005, regular City Council meeting. B. ZA04-098, Plat Revision for Lots 8Rl & 8R2, O.W. Knight No. 899 Addition, being a revision of Lot 8, O.W. Knight No. 899 Addition. The property is located at 150 Lilac Lane. Current Zoning: SF-IA Single Family Residential District. SPIN Neighborhood #9W. C. Consider approval of plan for the wall and entry gate for Lots 3Rl, 3R2, 4Rl, & 4R2, Block 1, The Glory Place, located at 160 and 200 East Continental Boulevard. D. Resolution No. 05-009, Call the May 7,2005, General Election; authorize a contract for election services with Tarrant County Elections Administration; and authorize a joint agreement with Carroll Independent School District for the May 7,2005, election. E. Authorize the Acting City Manager to enter into a settlement agreement with Sutton & Associates, L.P., and Dolan Directional Drilling, Inc. REGULAR AGENDA 6. Public Forum. 7. Ordinances, second readings, public hearings, and related items: I I .e I I I I I I Ie I I I I I I I .e I City of Southlake City Council meeting agenda February 15, 2005 Page 3 of6 A. Ordinance No. 598-B, 2nd Reading, Ordinance revisions establishing the Southlake Program for the Involvement of Neighborhoods (SPIN). PUBLIC HEARING B. Resolution No. 05-005, Adoption of the State Highway 114 Corridor Study as a component of the Southlake 2025 Plan, the Comprehensive Master Plan for the City of Southlake. PUBLIC HEARING 8. Ordinances, first readings, and related items: A. Ordinance No. 778-A, 18t Reading, An amendment to Noise Ordinance No. 778, modifying the definition of daytime and nighttime hours. (If approved onfirst reading, the public hearing will be March 1, 2005.) B. Ordinance No. 883, 18t Reading, An ordinance granting authorization to hold a city-wide Southlake Sidewalk Sale. (If approved on first reading, the public hearing will be March 1,2005.) 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 SP04-295, Variance to the Sign Ordinance No. 704-B for Cingular Wireless located at 2059 West Southlake Boulevard. C. Consider SP04-131, Variance to the Sign Ordinance No. 704-B for La Petite Academy located at 1400 West Southlake Boulevard. 11. Other items for discussion: (There are no items on this agenda.) 12. Meeting adjourned. I I .e I I I I I I Ie I I I I I I I .e I City of Southlake City Council meeting agenda February IS, 200S Page 4 of6 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, February 11, 2005, by 6:00 p.m., pursuant to the Texas Government Code, Chapter 551. k- ~ ................. , ........ OUTH "'" /) ......L. <2i .......~..tI. ~ ~ ..' ~ .- -. ,'- .-: $ 0..- .x,,~ Lori A. Farwell, TRMC € ~! * \ ~ ~ City Secretary ~ (3 \ i ~ S -: \ :v,,~ ;. ... --.- $ ,. .--~- If you plan to attend this public meeting and ~ve (J.di!t17ji/i~inat requires special needs, please advise the City Secretary's Office 48 hours"'ln:~~ at 817-481-1490 and reasonable accommodations will be made to assist you. I I. I I I I I I I I. I I I I I I I I. I City of Soutblake City Council meeting agenda February 15, 2005 Page 50f6 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. Steve L. Perry and Aline Perry vs. City ofSouthlake. November 2003. 3. R.E. and Marilyn Smith vs. City ofSouthlake. December 2003. 4. City of Southlake vs. Howard E. Carr, Jr. March 2004. 5. Sutton & Associates, L.P., vs. Dolan Directional Drilling, Inc., and City of Southlake. 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 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 2ift 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. 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 February IS, 2005 Page 6 of6 Section 418.183lfl: 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 418.106ld) & le): Local meetin2s to discuss emer2encv mana2ement Dlans re2ardin2 DiDeline 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.