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Agenda I I. I I I I I I I Ie I I I I I I I . I I 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 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 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. 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 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: I I . I I I I I I I Ie I I I I I I I .e I 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. ~ .............. ~ ....' UT 1,1. "a ...... SO ,..,~if" ~ M""'\ J J & ......... ~ ~- 0..- .. ~~ . - ~:.. * \..-\\ Lon A. Farwell, TRMC : (3 : : ~ :: City Secretary ; \ ! ~ i ;. e.. ... $ ~" ............. ~ 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. 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 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. 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 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.