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2008-11-13 Special CC Meeting CITY OF SOUTH LAKE TEXAS SPECIAL CITY COUNCIL MEETING: NOVEMBER 13, 2008 LOCATION: 1400 Main Street, Southlake, Texas Council Chambers in Town Hall REGULAR SESSION: 5:00 P.M. 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 exceptions, at the end of the Regular Session or at any time during the meeting that a need arises for the City Council to seek advice from the City Attorney as to the posted subject matter of this City Council meeting. 1. Section 551.072: Deliberation regarding real property a. Discuss the potential purchase or lease of real property for city facilities. B. Reconvene: Action necessary on items discussed in Executive Session. 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. 3. Consent: A. Resolution No. 08-059, Canvass the returns and declare the results of the Local Option Election held on November 4, 2008. B. ZA08-095, Plat Showing for Lots 2, 3, and 4, G. W. Main No. 1098 Addition (CySolutions) on property being described as Tract 2, George W. Main Survey, Abstract No. 1098 and being located at 165 South Kimball Avenue. Current Zoning: S-P-1 - Detailed Site Plan District. SPIN Neighborhood #7. City of Southlake values: Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork City of Southlake City Council special meeting agenda November 13, 2008 Page 2 of 4 C. ZA08-073, Plat Revision for Lots 7R1, 8R1, 8R2, 20R1, 21 R1, Block 1, and Lots 1 and 2, Block 2, East Haven Addition being a revision of Lots 7R1, 8R1, 8R2, 20R1, 21 R1, Block 1, and Lots 1 and 2, Block 2, East Haven Addition and being Lots 7R, 8R, 20R, and 21 R, East Haven Addition, and Tracts 1A, 2A, 2A2, 2A3 and 2131, Hollingsworth & Barnett Survey Abstract 797, and being located at 1140, 1150, 1160, and 1170 Haven Circle and 1021, 1023 and 1027 East Continental Boulevard. Current Zoning: R-PUD Residential Planned Unit Development. SPIN Neighborhood #9E. 4. 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 7, 2008, by 6:00 p.m., pursuant to the Texas Government Code, Chapter 551. Pa, I VA LA/(, Lori Payne, TRM Ci, City Secretary = o;' •cnc If you plan to attend this pub4~C ' eting an$haie a disability that requires special needs, please advise the City Secretary's 'Offic>y•4.8-- oue in advance at 817-748-8016 and reasonable accommodations will be made tbls`~' City of Southlake values: Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork City of Southlake City Council special meeting agenda November 13, 2008 Page 3 of 4 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. 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 of Southlake. July 2004. 2. Teresa Dreyer vs. City of Southlake. September 2006. 3. June G. Thrash vs. City of Southlake, et al. January 2008. 4. Michael Kenny vs. City of Southlake. April 2008. 5. Jayson Steele vs. City of Southlake. August 2008. 6. City of Southlake vs. Greg Abbott, Attorney General, State of Texas. August 2008. Section 551.072: Deliberation regarding 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 regarding prospective gift 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 regarding 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 regarding security devices The City Council may deliberate the deployment, or specific occasions for implementation of security personnel or devices. Section 551.087: Deliberation regarding economic development negotiations 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. City of Southlake values: Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork , City of Southlake City Council special meeting agenda November 13, 2008 Page 4 of 4 Section 418.183(f): 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 meetings to discuss emergency management plans regarding 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. City of Southlake values: Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork U CITY OF SOUTHLAKE TEXAS SPECIAL CITY COUNCIL MEETING MINUTES: NOVEMBER 13, 2008 LOCATION: 1400 Main Street, Southlake, Texas Council Chambers in Town Hall CITY COUNCIL PRESENT: Mayor Andy Wambsganss, Mayor Pro Tern John Terrell, and Councilmembers Laura K. Hill, Virginia M. Muzyka and Vernon Stansell. CITY COUNCIL ABSENT: Deputy Mayor Pro Tern Gregory Jones and Councilmember Pamela Muller. STAFF PRESENT: City Manager Shana Yelverton, Assistant City Manager Ben Thatcher, Director of Planning and Development Services Ken Baker, Interim Director of Community Services Chris Tribble, Deputy Director of Community Services Kerry McGeath, and City Secretary Lori Payne. Agenda Item No. 1. Call to order. The work session was called to order by Mayor Wambsganss at 5:02 p.m. Agenda Item No. 2A. Executive Session. Mayor Wambsganss announced City Council would be going into Executive Session pursuant to the Texas Government Code Section 551.072, deliberation regarding real property. City Council adjourned for Executive Session at 5:02 p.m. Executive Session began at 5:07 p.m. and ended at 5:39 p.m. Agenda Item No. 2B. Reconvene. Mayor Wambsganss reconvened the special meeting at 5:40 p.m. and asked if any action was necessary from Executive Session. No action was necessary. CONSENT AGENDA: Consent agenda items are considered to be routine by the City Council and are enacted with one motion. Mayor Wambsganss read the items into the record. Agenda Item No. 3A. Resolution No. 08-059, Canvass the returns and declare the results of the Local Option Election held on November 4, 2008. The Mayor stated that there were a total of 13,767 ballots cast for both Tarrant and Denton Counties as shown on the official election results attached to Resolution No. 08-059. There were a total of 8,290 (60.21%) votes cast "For" the proposition and 2,648 (19.23%) votes cast "Against" the proposition. The proposition passed. In accordance with Section 4.21 of the City Charter, the caption for this item is listed as follows: SPECIAL CITY COUNCIL MEETING MINUTES, NOVEMBER 13, 2008 Page 1 of 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS, CANVASSING THE LOCAL OPTION ELECTION HELD ON NOVEMBER 4, 2008; DECLARING THE RESULTS OF THE PROPOSITION FOR THE LEGAL SALE OF BEER AND WINE FOR OFF-PREMISE CONSUMPTION ONLY; AND PROVIDING AN EFFECTIVE DATE. Agenda Item No 313 ZA08-095 Plat Showing for Lots 2 3 and 4, G. W. Main No. 1098 Addition (CySolutions) on property being described as Tract 2 George W. Main Survey, Abstract No 1098 and being located at 165 South Kimball Avenue. Current Zoning: S- P-1 - Detailed Site Plan District. SPIN Neighborhood #7. No staff presentation was made on this item. Agenda Item No 3C ZA08-073 Plat Revision for Lots 7R1, 8R1, 8R2, 20R1, 21R1, Block 1 and Lots 1 and 2 Block 2 East Haven Addition being a revision of Lots 7R1, 8R1 8R2 20R1 21R1, Block 1 and Lots 1 and 2, Block 2, East Haven Addition and being Lots 7R 8R 20R and 21R East Haven Addition and Tracts 1A, 2A, 2A2, 2A3 and 2131, Hollingsworth & Barnett Survey Abstract 797, and being located at 1140, 1150, 1160, and 1170 Haven Circle and 1021, 1023 and 1027 East Continental Boulevard Current Zoning: R-PUD Residential Planned Unit Development. SPIN Neighborhood #9E. No staff presentation was made on this item. Motion was made to approve consent agenda items 3A, 313, and 3C. Motion: Terrell Second: Muzyka Ayes: Hill, Muzyka, Terrell, Stansell, Wambsganss Nays: None Approved: 5-0 Agenda Item No. 4. Meeting adjourned. Mayor Wambsganss adjourned the special meeting at 5:43 p.m. *An audio recording of this meeting will be permanently retained in the City Secretary's Office. Andy Wambsganss ,p.•,aa,,agaa®. Mayor e~ y t rs ATTEST: ••°Ag 'i6, Stn= • iaf.~ Lori Payne, TRM , City Secretary e',,1H a a a a # o`ba``` SPECIAL CITY COUNCIL MEETING MINUTES, NOVEMBER 13, 2008 Page 2 of 2