Agenda
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CITY OF SOUTBLAKE
REGULAR CITY COUNCIL MEETING: APRIL 5. 2005
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 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(t), and 418.106(d) & (e). Refer to posted list
attached hereto and incorporated herein. Executive Session may be heleL
under these exceotions. at the end of the Resrular Session or at any
time durin2 the meetin2 that a need arises for the City Councll to seek
advice from the City Attornev as to the oosted sublect matter of this
City Councll meetin2.
1. Section 551.071: Consultation with attorney
a. Seek advice of the city attorney regarding the Economic
. Development Program Agreement between Southlake
Phoenix Homes, Ltd. and the City of Southlake.
b. Seek advice of the city attorney regarding Public Works
investigation.
c. Harold Sauls vs. Robert Welch, Alton Wells, Mike
Berryhill, John Doe, and City ofSouthlake.
d. Seek advice of the city attorney regarding the franchise
with Verizon.
e. Architectural Utilities Limited Partnership dba Am
General Contractors vs. City of Southlake.
2. Section 551.087: Deliberation resrardin2 economic develooment
ne2otiations
a. Economic incentives for businesses.
B. Reconvene: Action necessary on items discussed in Executive Session.
3.
INVOCATION:
Mike Beaugh, Southlake Boulevard Presbyterian Church
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City of Southlake
City Council meeting agenda
April 5, 2005
Page 2 of6
4. REPORTS:
A. Mayor's Report
1. Proclamation for National Library Week
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 the minutes for the March 15, 2005, regular City Council
meeting.
B. Ordinance No. 886, 1st Reading, an ordinance canceling the May 7,2005,
General Election and declaring each unopposed candidate elected to
office; and providing an effective date. (If approved on first reading, the
public hearing will be held on April 19, 2005.)
C. Authorize the Mayor to execute a Residential Developer's Agreement for
St. Emilion Subdivision, a 14-lot development, located on the north side of
East Highland Street approximately 650' west of Sunshine Lane.
D. Authorize the Mayor to execute a compromise and settlement agreement
with Architectural Utilities Limited Partnership d/b/a AU! General
Contractors vs. City of Southlake, Texas vs. HNTB Corporation, and
American Insurance Company.
E. Approve the revised Conflict of Interest Affidavit.
F. Authorize the Mayor to enter into a contract with Euless B&B Wrecker
Service for provision of police pulls and for removal of vehicles from city
streets and highways as a result of an accident, mechanical disability, or
when requested by the Department of Public Safety.
G. Resolution No. 05-008, (ZA04-090), Specific Use Pennit for a
telecommunications antenna located on Lot 1R, Block 1, Carroll High
School Addition located at 1501 West Southlake Boulevard. Current
Zoning: S-P-1 Detailed Site Plan District. SPIN Neighborhood #16. THIS
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City of Southlake
City Council meeting agenda
April 5, 2005
Page 3 of 6
ITEM HAS BEEN TABLED TO THE MAY 3, 2005, CITY
COUNCIL MEETING.
H. Resolution No. 05-020, Accept settlement with TXU Electric Delivery.
I. Consider excusing members of the City Council and of the Planning and
Zoning Commission for absences from meetings.
REGULAR AGENDA
6. Public Forum.
7. Ordinances, second readings, public hearings, and related items:
A. Ordinance No. 480-452, 2nd Reading (ZA04-103), Zoning Change and
Concept Plan for Tract lA2, Lakin H. Chivers Survey, Abstract No. 300;
proposed Lots 1-9, Brentwood Addition. The property is located at 2055
North White Chapel Boulevard. Current Zoning: AG Agricultural District.
Requested Zoning: SF-30 Single Family Residential District. SPIN
Neighborhood #5. PUBLIC HEARING
R ZA04-104, Preliminary Plat for proposed Lots 1-9, Brentwood Addition,
described as Tract lA2, Lakin H. Chivers Survey, Abstract No. 300. The
property is located at 2055 North White Chapel Boulevard. Current
Zoning: AG Agricultural District. Proposed Zoning: SF-30 Single Family
Residential District. SPIN Neighborhood #5.
C. ZA05-008, Site Plan for Feedstore BBQ & More located at 530 South
White Chapel Boulevard. Current Zoning: S-P-l Detailed Site Plan
District. SPIN Neighborhood #14. PUBLIC HEARING
D. Resolution No. 05-019, (ZA05-009), Specific Use Permit to allow a tent
for the pwpose of promoting retail sales at 325 Commerce Street. Current
Zoning: 1-1 Light Industrial District. SPIN Neighborhood #7. PUBLIC
HEARING
8. Ordinances, first readings, and related items:
A. Ordinance No. 480-451, 1st Reading (ZA04-101), Zoning Change for
Tracts lAIA2 and lAIA2D, RI. Foster Survey, Abstract No. 519. The
property is located on the north side of Gifford Court, approximately 300
feet east of Randol Mill Avenue. Current Zoning: AG Agricultural
District. Requested Zoning: SF-IA Single Family Residential District.
SPIN Neighborhood #12. (If approved on first reading, the public hearing
will be held on Apri/19, 2005.)
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City of Southlake
City Council meeting agenda
April 5, 2005
Page 4 of6
B. Ordinance No. 480-453, 1st Reading (ZA05-01O), Concept Plan for
proposed Lots 1-9, Block 1, The Pavilion at Southlake; being Tracts 2A2,
lA, lAl, and lAlA, W. R. Eaves Survey, Abstract No. 500; and Zoning
Change specifically for Tracts lA, lAl, and lAlA located on the south
side of West Southlake Boulevard where it intersects with Meadowlark
Lane. Current Zoning: C-3 General Commercial District and AG
Agricultural District. Requested Zoning: C-3 General Commercial
District. SPIN Neighborhood #16. (If approved onfirst reading, the public
hearing will be held on April 19, 2005.)
9. Resolutions: (There are no items on this agenda.)
10. Other items for consideration:
A. Authorize the Mayor to execute a Tennis Center Management Agreement
with Roxy Tennis, L.L.C., dba "Southlake Tennis Center."
B. Approve the proposed recognition signage for Bob Jones Park batting
cages.
11. Other items for discussion:
A. 50th Anniversary Planning Committee.
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, April 1, 2005, by 6:00 p.m.,
pursuant to the Texas Government Code, Chapter 551.
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If you plan to attend this public meeting and ~ve (r~o/ t~t requires special needs, please
advise the City Secretary's Office 48 hours"'., n~q.,'~t 817-481-1490 and reasonable
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accommouatlOns WI e maue to assIst you.
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City of Southlake
City Council meeting agenda
April S, 200S
Page S 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 AUI General Contractors vs. City
of South lake. March 2003.
3. Steve L. Perry and Aline Perry vs. City of Southlake. November 2003.
4. R.E. and Marilyn Smith vs. City ofSouthlake. December 2003.
5. City ofSouthlake 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, Carlee A. Capili and wife, Regina Capili and John R.
Griggs and wife, Sally Griggs, Jill T. Gordon, and City ofSouthlake. July 2004.
7. Harold Sauls vs. Robert Welch, Alton Wells, Mike Berryhill, John Doe, and City
of Southlake. March 2005.
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.
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City of Southlake
City Couneil meeting agenda
April 5, 2005
Page 6 of6
Section 551.087: Deliberation reeardine: economic develooment 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.
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(dl & (el: Local meetine:s to discuss emel1!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.