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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 REGULAR CITY COUNCIL MEETING: DECEMBER 7. 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 followine 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 held.. under these exceotions. at the end of the Reeular Session or at any time durine the meetine 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 meetine. 1. 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. 2. Section 551.072: Deliberation reeardine real orooertv a. Discuss the value of city-owned real . property at the northeast comer of FM 1709 and Pearson Lane. b. Discuss the value of city-owned real property at the southeast comer of Pearson Lane and Jordan Drive. 3. Section 551.074: Deliberation reeardine oersonnel matters a. Deliberate the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of the City Manager and the City Secretary. 4. Section 551.087: Deliberation reeardine economic develooment neeotiations a. Economic incentives for businesses. I I. I I I I I I I Ie I I I I I I I I. I City of Southlake City Couneil meeting agenda December 7, 2004 Page 2 of7 B. Reconvene: Action necessary on items discussed in Executive Session. 3. INVOCATION: David Whitington, Christ Our King Church 4. REPORTS: A. Mayor's Report B. City Manager's Report C. SPIN Board Report D. Library Board Report E. Park and Recreation Board Report 1. Presentation of TRAPS "Advocate of the Year" Awarded to the Liberty Garden Committee 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 November 9, 2004, regular City Council meeting; November 15, 2004, special City Council meeting; and for the November 16, 2004, regular City Council meeting. REGULAR AGENDA 6. Public Forum. 7. Ordinances, second readings, public hearings, and related items: A. Resolution No. 04-072, Adoption of the Davis Boulevard/FM 1938 Corridor Study as a component of the Southlake 2025 Plan, the Comprehensive Master Plan for the City of Southlake. PUBLIC HEARING B. Ordinance No. 480-421A, (ZA04-089), 2nd Reading, Zoning Change and Development Plan for Estes Park Phase I Addition located on the south side of the 600 and 700 blocks of East Dove Street. Current Zoning: R- PUD Residential Planned Unit Development District. Requested Zoning: R-PUD Residential Planned Unit Development District. SPIN Neighborhood #5. PUBLIC HEARING I I. I I I II I I I I I. I I I I 'I I I I. I City of Southlake City Couneil meeting agenda Deeember 7, 2004 Page 3 of7 C. Resolution No. 04-073, (ZA04-082), Specific Use Permit to allow a tent for the purpose of promoting retail sales at Drexel Heritage located at 1600 East Southlake Boulevard. Current Zoning: C-3 General Commercial District. SPIN Neighborhood #8. PUBLIC HEARING D. ZA04-091, Site Plan for Don Davis Investments located at 2105 Green Briar. Current Zoning: 1-1 Light Industrial District. SPIN Neighborhood #7. PUBLIC HEARING E. Resolution No. 04-075, (ZA04-092), Specific Use Permit for outdoor sales and services to allow the operation of a hot dog stand in front of Home Depot located at 300 North Village Center Drive. Current Zoning: C-3 General Commercial District. SPIN Neighborhood #8. PUBLIC HEARING F. Resolution No. 04-076, (ZA04-094), Specific Use Permit for the sale of alcoholic beverages at Kincaid's Restaurant located at 100 North Kimball Avenue, Suite 101. Current Zoning: C-3 General Commercial District. SPIN Neighborhood #8. PUBLIC HEARING 8. Ordinances, first readings, and related items: A. Ordinance No. 480-446, (ZA04-044), 1st 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. THE APPLICANT HAS REQUESTED TO TABLE THIS ITEM TO THE JANUARY 4, 2005, CITY COUNCIL MEETING. 9. Resolutions: A. Resolution No. 04-077, a resolution relating to the "Southlake Parks Development Corporation Sales Tax Third Lien Revenue Bonds, Series 2004"; approving (i) the resolution of the Southlake Parks Development Corporation authorizing the issuance of such Bonds and (ii) the execution, on behalf of the City, of the FinancinglUse Agreement relating to such financing by the Corporation; resolving other matters incident and related to the issuance of such Bonds; and providing an effective date. 10. Other items for consideration: A. Consider excusing members of the City Council and of the Planning and Zoning Commission for absences from meetings. I .. I I I I I I I Ie I I I I I 'I ,I :.. I City of Southlake City Councll meeting agenda December 7, 2004 Page 4 of 7 B. Consider canceling or rescheduling the December 21,2004, City Council meeting. C. Authorize the Mayor to execute a Contract for Sale regarding the sale of approximately 2.232 acres of city-owned property at the northeast comer ofFM 1709 and Pearson Lane. D. Consider the 2005 meeting and development application submittal schedule. E. Award of bid to American Landscape Systems for landscape maintenance of Town Square public area. F. Approve a Community Services Agreement with Grapevine Relief and Community Exchange (GRACE). G. Approve a Community Services Agreement with The Women's Shelter. H. Approve a Community Services Agreement with Metroport Meals on Wheels. I. Approve a Community Services Agreement with Southlake Sister Cities. J. Approve a Community Services Agreement with Southlake Community Band. K. Approve a Community Services Agreement with Call A Ride of Southlake, Inc. L. Approve a Community Services Agreement with Southlake Historical Society. M. Approve a Community Services Agreement with Keep Southlake Beautiful. N. Approve a Community Services Agreement with Southlake Women's Club for Art in the Square. o. Approve an Interlocal Agreement with the Fort Worth Transportation Authority. P. Approve a Community Services Agreement with the Bob Jones Nature Center contingent upon their receipt of 501 c3 non-profit status. 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 December 7, 2004 Page 5 of7 Q. Consider SP04-252, Variance to the Sign Ordinance 704-B for Crystal Clear Wireless located at 2301 West Southlake Boulevard, Suite 200. R. Consider SP04-268, Variance to the Sign Ordinance 704-B for Shogun Restaurant located at 2970 East Southlake Boulevard. 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, December 3, 2004, by 6:00 p.m., pursuant to the Texas Government Code, Chapter 5',1...."" ,\(' '" ~ """ 'iPUTJf,~"'" ~ ,> o~ ......... '.... - (J ~.. ... !-^.... $ C ..- -\y- \ :-: * .--'S :0= · : ~n A. Farwell, TRMC ; \ J~ i CIty Secretary ; ... ." OJ i .... .. .....:' '.tt ....... ~ "" Jifo,.. ".... If you plan to attend this public meeting and have a ~alJ~itJA,m'llt 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 lie I I I I I I I Ie I I I I I I I Ie I City of Southlake City Councll meeting agenda December 7, 2004 Page 6 of7 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. Architectural Utilities Limited Partnership dba AU! General Contractors vs. City ofSouthlake. March 2003. 3. Steve L. Perry and Aline Perry vs. City ofSouthlake. November 2003. 4. RE. 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, Carleo A. Capili and wife, Regina Capili and John R Griggs and wife, Sally Griggs, Jill T. Gordon, and City ofSouthlake. July 2004. Section 551.072: Deliberation re2ardin2 real oronertv 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 2m 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. Section 551.087: Deliberation re2ardin2 economic develooment 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. I I. I I I I I I I Ie I I I I I I I Ie I . , , City of Soutblake City Council meeting agenda December 7, 2004 Page 7 of7 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 olans re2ardin2 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.