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Agenda I I. I I I I I I I I. I I I I I I I. I I CITY OF SOUTHLAKE SPECIAL CITY COUNCIL MEETING: MARCH 30. 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 immediatelv followin2 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 Councll to seek advice from the City Attorney as to the oosted subiect matter of this City Councll meetin2. 1. Section 551.071 Consultation with attorney a. Sutton & Associates, L.P., vs. Dolan Directional Drilling, Inc., and City of Southlake b. City of Southlake vs. Timarron, et. al. c. Seek the advice of the city attorney regarding water back billing. 2. Section 551.072 Deliberation rea:ardin2 real orooertv a. Seek advice of city attorney regarding the value of property on Sutton Lane. 3. Section 551.087 Deliberation rea:ardin2 economic develooment ne20tiations a. Economic incentives for businesses. B. Reconvene: Action necessary on items discussed in Executive Session. 3. INVOCATION: Coy Quesenbury, Lonesome Dove Baptist Church _c,~, I I. I I I I I I I 10 I I I I I I I. I I City of Southlake Spedal City Council meeting agenda March 30, 2004 Page 2 of 6 4. REPORTS: A. Mayor's Report 1. Introduction of students and sponsors from Toyoma, Japan, and local sponsors 2. Proclamation for Building Safety Week B. City Manager's Report C. Financial 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 March 2, 2004, regular City Council meeting. B. Authorize the Mayor to enter into the Tarrant Regional Transportation Coalition Agreement and appoint Southlake's representative to the Board of Directors. C. Consider rescheduling the May 18, 2004, City Council meeting. D. Approve temporarily extending the existing facility utilization agreements with the youth sports associations to end upon the approval of the revised facility utilization agreements. E. Approve naming certain park roads for identification purposes. REGULAR AGENDA 6. Public Forum. 7. Ordinances, second readings, public hearings, and related items: A. Resolution No. 04-018 (ZA03-091), Specific Use Permit for Southlake Boarding Facility on property located at the northeast comer of East Continental Boulevard and Crooked Lane. Current Zoning: I-I Light Industrial District. SPIN Neighborhood #7. PUBLIC HEARING B. ZA03-095, Site Plan for Chu Eye Associates on property located on the southeast comer of East Southlake Boulevard and Bank Street. Current Zoning: C-3 General Commercial District. SPIN Neighborhood #7. PUBLIC HEARING I I. I I I I I I I I- I I I I I I I. I I City of Southlake Speeial City Council meeting agenda March 30, 2004 Page 3 of6 WITHDRAWNBY D. THE APPLICANT ON 3/10/04 8. 9. C. Resolution No. 04-019 (ZA04-009), Specific Use Permit for the sale of alcoholic beverages at Fuju Yama Steak and Sushi, LLC. on property located at 1230 Main Street in Southlake Town Square. Current Zoning: DT Downtown District. SPIN Neighborhood #8. PUBLIC HEARING LV04-001, A variance to the Lighting Ordinance No. 693-B for Carroll Independent School District, on property located at 1501 East Southlake Boulevard (PM 1709). Current Zoning: S-P-l Detailed Site Plan District. SPIN Neighborhood #10. PUBLIC HEARING Ordinances, first readings, and related items: A. Ordinance No. 861, 1 st Reading, Amending Chapter 10, of the City Code and providing provisions regarding high grass and weeds. (If approved on first reading, the public hearing will be April 6, 2004.) B. Ordinance No. 480-432, 1 st Reading (ZA03-085), Zoning Change and Site Plan for East Southlake # 1 Ltd. on property located at 900 East Southlake Boulevard (FM 1709); approximately 1,100 feet west of North Carroll Avenue. Current Zoning: AG Agricultural District. Requested Zoning: S- P-l Detailed Site Plan District with 0-1 Office District uses. SPIN Neighborhood #10. (If approved on first reading, the public hearing will be April 6, 2004.) C. Ordinance No. 704-B, 1st Reading, Amendment to the Sign Ordinance. (If approved on first reading, the public hearing will be April 6, 2004.) Resolutions: A. 10. Resolution No. 04-021, Appointing a City Council representative to the Southlake Parks Development Corporation to fill the unexpired term ofW. Ralph Evans. Other items for consideration: A. B. C. Consider SP04-024, Variance to Sign Ordinance No. 704-A, for Re[essence] located at 2717 East Southlake Boulevard, Suite 160. Consider SP04-025, Variance to Sign Ordinance No. 704-A, for The Courtyard at Timarron located at 1207, 1209, & 1211 South White Chapel Boulevard. Consider SP04-040, Variance to Sign Ordinance No. 704-A, for Texas Nations Title located at 100 South Village Center Drive. I I. I I I I I I I 10 I I I I I I I. I I City of Southlake Special City Council meeting agenda March 30, 2004 Page 4 of6 D. Consider the use of the Council Chambers by members of the Tax Increment Financing District. 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, March 26, 2004, by 6:00 p.m., pursuant to the Texas Government Code, Chapter 551. """""""'" it. ~ ....~1\-1LAk" ..... . . 0- .$''' 0 ...........:: /-. ".., /2{). .:' co.. .. ~ .., $!(,... ...~~ Y";;:.A F 11 ::0: ~ ."! .LAIn . arwe = > : ";"' : CJ) = . :. - :":: CIty Secretary ;. ~.. '\ ! E ~ '-' ... .- $ "-"" ............ ,$ lfyou plan to attend this public meeting ~ haWl.,1lJ,robility 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. I I. I I I I I I I 10 I I I I I I I. I I "I City of Southlake Special City Council meeting agenda March 30, 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 ofSouthlake vs. Timarron et.al. May 2001. 2. City of Southlake vs. Pinnacle Integrated Technologies, Inc. September 2002. 3. Richard W. Hart vs. City of Southlake. September 2002. 4. Architectural Utilities Limited Partnership dba AU! General Contractors vs. City ofSouthlake. March 2003. 5. Marpave, Inc., vs. City ofSouthlake. November 2003. 6. Steve L. Perry and Aline Perry vs. City ofSouthlake. November 2003. 7. R.E. and Marilyn Smith vs. City ofSouthlake. December 2003. 8. City of Southlake vs. Howard E. Carr, Jr. March 2004. 9. Sutton & Associates, L.P., vs. Dolan Directional Drilling, Inc., and City of Southlake. March 2004. Section 551.072: Deliberation re2ardine 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 reeardine orosoective l!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 re2ardine oenonnel 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 reeardine security devices The City Council may deliberate the deployment, or specific occasions for implementation of security personnel or devices. I I. I I I I I I I I. I I I I I I I. I I City of Southlake Spedal City Counell meeting agenda March 30, 2004 Page 6 of6 Section 551.087: DeUberation ret!ardinf! economic develoDment net!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. Section 418.183((): 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 meetinf!s to discuss emen!encv manaf!ement Dlans ret!ardinf! DiDeHne 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.