Agenda
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CITY OF SOUTHLAKE
REGULAR CITY COUNCIL MEETING: NOVEMBER 9.2004
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.
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 Council to seek
advice from the City Attornev as to the oosted subiect matter of this
City Council meetin2.
I. 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. Seek advice of city attorney regarding claim by Kenneth
and Maureen Schmiedel.
2. Section 551.072: Deliberation re2ardin2 real orooertv
a. Discuss the value of city-owned real property at the
northeast comer of FM 1709 and Pearson Lane.
3. 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: Tom Pennington, Countryside Bible Church
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City of Southlake
City Council meeting agenda
November 9, 2004
Page 2 of 6
4. REPORTS:
A. Mayor's Report
1. Veteran's Day Proclamation
B. City Manager's Report
1. Building Services receives "Best Practices Award" in 2004
C. SPIN Board Report
D. Library Board Report
E. Park and Recreation Board Report
1. Presentation of T AAF - Gold Medal City Award
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 October 19, 2004, regular City Council
meeting.
B. Authorize the City Manager to execute a contract with Microsoft
Corporation for an enterprise software agreement for $62,625.
C. Authorize the Mayor to execute an interlocal agreement with the City of
Keller for the rehabilitation of pavement on Florence Road from North
Pearson Lane to Randol Mill Avenue.
D. Authorize the Mayor to execute a professional service agreement with
Cheatham and Associates for engineering design of 04/05 Streets and
Sidewalk Improvement and Localized Drainage Improvements.
E. Authorize the City Manager to enter into a lease agreement between
Dallas Harley-Davidson and the City of Southlake for ten police traffic
motorcycles.
F. ZA04-063, Revised Development Plan for Pecan Creek, Lot 2R, Block 60,
Timarron Addition Phase 5, located on the east side of the 200 block of
Byron Nelson Parkway, approximately 500 feet south of East Southlake
Boulevard. Current Zoning: R-PUD Residential Planned Unit
Development District. SPIN Neighborhood #ge. THIS ITEM HAS
BEEN TABLED TO THE NOVEMBER 16, 2004, CITY COUNCIL
MEETING.
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City of Southlake
City Council meeting agenda
November 9, 2004
Page 3 of 6
G. Ordinance No. 480-446, (ZA04-044), 1 st Reading, Zoning Change and
Concept Plan for Kimball Estates located at 1470 North Kimball Avenue.
Current Zoning: SF-IA Single Family Residential District. Requested
Zoning: SF-20A Single Family Residential District. SPIN Neighborhood
#5. THIS ITEM HAS BEEN TABLED TO THE DECEMBER 7,
2004, CITY COUNCIL MEETING.
REGULAR AGENDA
6. Public Forum.
7. Ordinances, second readings, public hearings, and related items:
A. Ordinance No. 480-448, (ZA04-054), 2nd 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. Amended Requested Zoning: SF-1A Single Family
Residential District. SPIN Neighborhood #5. PUBLIC HEARING
B. ZA04-075, Preliminary Plat 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. Proposed Zoning: SF-IA
Single Family Residential District. SPIN Neighborhood # 5.
C. Ordinance No. 480-449, (ZA04-079), 2nd Reading, Zoning Change for 711
South White Chapel Boulevard being a portion of Lot 3Rl, Block A,
White Chapel Place Addition. Current Zoning: SF-IA Single Family
Residential District. Requested Zoning: RE Residential Estate District.
SPIN Neighborhood #9W. PUBLIC HEARING
D. ZA04-076, Site Plan for 24 Hour Fitness located on the east side of North
Nolen Drive, between Southlake Boulevard and State Highway 114
(across from Costco). Current Zoning: S-P-2 General Site Plan District
with C-3 General Commercial District uses. SPIN Neighborhood #7.
PUBLIC HEARING
8. Ordinances, first readings, and related items: There are no items on this agenda.
9. Resolutions: There are no items on this agenda.
10. Other items for consideration:
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City of Southlake
City Council meeting agenda
November 9, 2004
Page 4 of 6
A. Consider excusing members of the City Council and of the Planning and
Zoning Commission for absences from meetings.
B. Consider SP04-191, Variance to the Sign Ordinance No. 704-B for CVS
Pharmacy located at 100 East Southlake Boulevard.
C. Consider SP04-219, Variance to the Sign Ordinance No. 704-B for
Hibernia Bank located at 1110 East Southlake Boulevard.
D. Consider Town Square - Grand Avenue Developer's Agreement and 380
Agreement.
E. Appoint City Council liaisons to Committee for Review of Policies and
Ordinances relating to parks and recreation, senior and youth issues, and
related community services' items.
11. Other items for discussion:
A. Southlake 2025 Plan - Davis Boulevard! FM 1938 Corridor.
B. Landscaping of public areas and median designs on public property and
planned updates to the Tree Preservation Ordinance.
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, November 5, 2004, by 6:00 p.m.,
pursuant to the Texas Government Code, Chapter 551.
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Lon A. Farwell, TRMC : (3 : : ~ ::
City Secretary ; \ ! ~ i
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If you plan to attend this public meeting'tuJ~l/J! a qvdbility that requires special needs, please
'" I'"~
advise the City Secretary's Office 48 houl'!!'YH advance at 817-481-1490 and reasonable
accommodations will be made to assist you.
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City of Southlake
City Council meeting agenda
November 9, 2004
Page S 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.a!. May 2001.
2. Architectural Utilities Limited Partnership dba AU! General Contractors vs. City
of South lake. March 2003.
3. Steve L. Perry and Aline Perry vs. City of South lake. November 2003.
4. R.E. and Marilyn Smith vs. City of Southlake. 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, Carleo A. Capilf 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 rel!ardinl! 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 rel!ardinl! prospective I!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 rel!ardinl! 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 rel!ardinl! security devices
The City Council may deliberate the deployment, or specific occasIOns for
implementation of security personnel or devices.
Section 551.087: Deliberation rel!ardinl! economic development nel!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.
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City of Southlake
City Council meeting agenda
November 9, 2004
Page 60f6
Section 418.183(fl: 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 plans
re2ardin2 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.