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Agenda II 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: MAY 18. 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. Call to order. 2. 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 mav 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 Attornev as to the oosted subiect matter of this City Councll meetin2. A. 1. Section 551.071 Consultation with attorney a. Seek advice of the city attorney regarding water back billing. b. City of Southlake vs. Pinnacle Integrated Technologies, Inc. c. Sutton & Associates, L.P., vs. Dolan Directional Drilling, Inc., and City of Southlake. d. Contemplated litigation by Douglas and Virginia Caston for damages to property. 2. Section 551.087 Deliberation re2ardin2 economic develooment ne20tiations a. Economic incentives for businesses. B. Reconvene: Action necessary on items discussed in Executive Session. 3. INVOCATION: White's Chapel United Methodist Church I I. I I I I I I I I. I I I I I I City of Southlake City Council meeting agenda May 18, 2004 Page 2 of6 4. REPORTS: A. Mayor's Report 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 May 4, 2004, regular City Council meeting. B. Resolution No. 04-031, Authorization of application for a Texas Parks and Wildlife (TPWD) Recreational Fund Grant for Bob Jones Park trails. REGULAR AGENDA 6. Public Forum. 7. Ordinances, second readings, public hearings, and related items: A. Ordinance No. 480-437, 2nd Reading (ZA03-096) Zoning Change with Development Plan for Estes Park, Phase II, generally located along the north side of the 700 to 900 blocks of Primrose Lane, the west side of the 2100 block of North Carroll Avenue and the south side of the 800 block of East Dove Street. Current Zoning: AG Agricultural District and R-PUD Residential Planned Unit Development. Requested Zoning: R-PUD Residential Planned Unit Development. SPIN Neighborhood #5. PUBLIC HEARING B. ZA03-097, Preliminary Plat for Estes Park, Phase II, on property generally located along the north side of the 700 to 900 blocks of Primrose Lane, the west side of the 2100 block of North Carroll Avenue and the south side of the 800 block of East Dove Street. Current Zoning: AG Agricultural District and R-PUD Residential Planned Unit Development District. Proposed Zoning: R-PUD Residential Planned Unit Development District. SPIN Neighborhood #5. WITHDRAWN C. I BY THE IC:;~~~~/ I 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: 1-1 Light Industrial 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 City CouncD meeting agenda May 18, 2004 Page 3 of 6 D. Ordinance No. 864, Approving and authorizing the issuance of General Obligation Refunding Bonds, Series 2004. PUBLIC HEARING 8. Ordinances, first readings, and related items: A. Ordinance No. 480-436, 1 st Reading (ZA04-006) Zoning Change and Site Plan for Tamer Office Building described as Lot 1, Block 4, Timarron Phase One, Section Two, Bent Creek, located at 175 East Continental Boulevard. Current Zoning: R-PUD Residential Planned Unit Development District. Requested Zoning: S-P-l Detailed Site Plan District. SPIN Neighborhood #9W. (If approved on first reading, the public hearing will be held June 1, 2004). B. Ordinance No. 480-438, 1st Reading (ZA04-022) Zoning Change for 880 South Carroll Avenue. Current Zoning: R-PUD Residential Planned Unit Development District. Requested Zoning: SF-IA Single Family Residential District. SPIN Neighborhood #9E. (If approved on first reading, the public hearing will be held June 1, 2004). 9. Resolutions: (There are no items on this agenda.) 10. Other items for consideration: A. Approve a lease agreement for grazmg on undeveloped property m Bicentennial Park. B. Consider SP04-082, Variance to Sign Ordinance No. 704-B, Southlake Woods Subdivision, located at 1080 South Peytonville Avenue on the northwest comer of South Peytonville Avenue and Stonebury Drive. C. Consider SP04-088, Variance to Sign Ordinance No. 704-B, Bassett Furniture Direct, located at 2951 East State Highway 114. D. Accept donation from Art In The Square. E. Accept donation from Debbie Baynard. F. ZA04-031, Consider variance to the Driveway Ordinance No. 634 on property located at the southeast intersection of East Continental Boulevard and South Kimball Avenue. 11. Other items for discussion: (There are no items on this agenda.) 12. Meeting adjourned. I 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 May 18, 2004 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, May 14, 2004, by 6:00 p.m., pursuant to the Texas Government Code, Chapter 551. ,',",......" ......"~1H~ """ ~'() · ~~6t/~~~\ :~. ~ .,: Lori A. Farwell, TRMC ; "0\ I s .".. ,. ~ City Secretary ~" ............ ..$ " ,flit "" *." ",,, """~II""'" If you plan to attend this public meeting and have a aisability 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 il 'I I I I Ie I I I I I I I . I I City of Southlake City Council meeting agenda May 18, 2004 Page 5 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 South lake vs. Timarron et.al. May 2001. 2. City of Southlake vs. Pinnacle Integrated Technologies, Inc. September 2002. 3. Richard W. Hart vs. City of South lake. September 2002. 4. Architectural Utilities Limited Partnership dba AU! General Contractors vs. City of Southlake. March 2003. 5. Marpave, Inc., vs. City of Southlake. November 2003. 6. Steve L. Perry and Aline Perry vs. City ofSouthlake. November 2003. 7. R.E. and Marilyn Smith vs. City of South lake. 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 re2ardin2 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 re2ardin2 prospective 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 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 re2ardin2 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 Ie I I I I I I I . I I City of Southlake City Council meeting agenda May 18, 2004 Page 6 of6 Section 551.087: Deliberation re2ardin2 economic develoDment ne20tiations 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(t): Texas Disaster Act The City Council may deliberate information: I) 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): Localmeetin2s 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. '. .'" .. ... "0 ~ ....... I I I I I I Ie I I I I I I I . I I CITY OF SOUTHLAKE REGULAR CITY COUNCIL MEETING: MAY 18.2004 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 followinl! 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 mav be heleL under these exceotions. at the end of the Renlar Session or at anv time durinl! the meetinl! that a need arises for the Citv CouncD to seek advice from the Citv Attomev as to the oosted subiect matter of this Citv CouncD meetinl!. 1. Section 551.071 Consultation with attomev a. Seek advice of the city attorney regarding water back billing. b. City of Southlake vs. Pinnacle Integrated Technologies, Inc. c. Sutton & Associates, L.P., vs. Dolan Directional Drilling, Inc., and City of Southlake. d. Contemplated litigation by Douglas and Virginia Caston for damages to property. 2. Section 551.087 Deliberation rel!ardinl! economic develooment nel!otiations a. Economic incentives for businesses. B. Reconvene: Action necessary on items discussed in Executive Session. 3. INVOCATION: White's Chapel United Methodist Church I- I. I I I I I I I Ie I I I I I I City of Southlake City Council meeting agenda May 18, 2004 Page 2 of 6 4. REPORTS: A. Mayor's Report 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 May 4, 2004, regular City Council meeting. B. Resolution No. 04-031, Authorization of application for a Texas Parks and Wildlife (TPWD) Recreational Fund Grant for Bob Jones Park trails. REGULAR AGENDA 6. Public Forum. 7. Ordinances, second readings, public hearings, and related items: A. Ordinance,No. 480-437, 2nd Reading (ZA03-096) Zoning Change with Development Plan for Estes Park, Phase II, generally located along the north side of the 700 to 900 blocks of Primrose Lane, the west side of the 2100 block of North Carroll Avenue and the south side of the 800 bl9Ck of East Dove Street. Current Zoning: AG Agricultural District and R-PUD Residential Planned Unit Development. Requested Zoning: R-PUD Residential Planned Unit Development. SPIN Neighborhood #5. PUBLIC HEARING B. ZA03-097, Preliminary Plat for Estes Park, Phase II, on property generally located along the north side of the 700 to 900 blocks of Primrose Lane, the west side of the 2100 block of North Carroll Avenue and the south side of the 800 block of East Dove Street. Current Zoning: AG Agricultural District and R-PUD Residential Planned Unit Development District. Proposed Zoning: R-PUD Residential Planned Unit Development District. SPIN Neighborhood #5. WITHDRAWN C. I BY THE .iPPLICANT ON I~YI0,2004 I 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 I- I. I I I I I I I Ie I I I I I I I Ie I City of Southlake City Council meeting agenda May 18, 2004 Page 3 of6 D. Ordinance No. 864, Approving and authorizing the issuance of General Obligation Refunding Bonds, Series 2004. PUBLIC HEARING 8. Ordinances, first readings, and related items: A. Ordinance No. 480-436, 1 st Reading (ZA04-006) Zoning Change and Site Plan for Tamer Office Building described as Lot 1, Block 4, Timarron Phase One, Section Two, Bent Creek, located at 175 East Continental Boulevard. Current Zoning: R-PUD Residential Planned Unit Development District. Requested Zoning: S-P-l Detailed Site Plan District. SPIN Neighborhood #9W. (If approved on first reading, the public hearing will be held June 1, 2004). B. Ordinance No. 480-438, 1 st Reading (ZA04-022) Zoning Change for 880 South Carroll Avenue. Current Zoning: R-PUD Residential Planned Unit Development District. Requested Zoning: SF-IA Single Family Residential District. SPIN Neighborhood #9E. (If approved on first reading, the public hearing will be held June 1, 2004). 9. Resolutions: (There are no items on this agenda.) 10. Other items for consideration: A. Approve a lease agreement for grazing on undeveloped property in Bicentennial Park. B. Consider SP04-082, Variance to Sign Ordinance No. 704-B, Southlake Woods Subdivision, located at 1080 South Peytonville Avenue on the northwest comer of South Peytonville Avenue and Stonebury Drive. C. Consider SP04-088, Variance to Sign Ordinance No. 704-B, Bassett Furniture Direct, located at 2951 East State Highway 114. D. Accept donation from Art In The Square. E. Accept donation from Debbie Baynard. F. ZA04-031, Consider variance to the Driveway Ordinance No. 634 on property located at the southeast intersection of East Continental Boulevard and South Kimball Avenue. 11. Other items for discussion: (There are no items on this agenda.) 12. Meeting adjourned. 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 May 18, 2004 Page 4 of6 ***Immediately following the regular City CouncU meeting, there wiU be a reception held at Rockfish where no public business wiU be discussed. *** 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, May 14, 2004, by 6:00 p.m., pursuant to the Texas Government Code, Chgnter SS 1. "",imr"" ......'\'~1H~ """ .... ctJO ........ I?' '" o . () -/a~A>f_Q~:&/*...;.~~ C1.w.. >. .(/): -.-, I,: Lori A. Farwell, TRMC ~ () ... .I i . ~ -.. .-.:' CIty Secretary '" .......... ........ " .M .... "'" **~ "" "'''''"'',, 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. 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 May 18, 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 ofSouthlake. 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 ofSouthlake 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 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 2ut 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 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 re2ardin2 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 City Council meeting agenda May 18, 1004 Page 6 of6 Section 551.087: Deliberation re2ardin2 economic develoument 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. 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 meetin2s to discuss emer2encv mana2ement ulans re2ardin2 uiueline 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.