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2004-03-02 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: MARCH 2. 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. 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 and 551.087. Refer to posted list attached hereto and incorporated herein. Executive Session may be held. under these exceotions. at the end of the Ree:ular 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 the advice of the City Attorney regarding regulation of school development activities. b. Seek the advice of the City Attorney regarding water back billing. 2. Section 551.087 Deliberation ree:ardine: economic develooment nee:otiations a. Economic incentives for businesses. B. Reconvene: Action necessary on items discussed in Executive Session. 3. INVOCATION: William Crary, St. Laurence Episcopal Church 4. REPORTS: A. Mayor's Report B. City Manager's Report C. SPIN Report D. Library Board Report E. Park and Recreation Board Report F. Local Business Report I I. I I I I I I I I. I I I I I I I. I I City of Southlake City CouncU meeting agenda March 2, 2004 Page 2 ofS 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 February 17, 2004, regular City Council meeting and for the February 17, 2004, joint meeting with City Council and Carroll Independent School District Board of Trustees. REGULAR AGENDA 6. Public Forum. 7. Ordinances, second readings, public hearings, and related items: A. Ordinance No. 480-431, 2nd Reading (ZA03-060) Zoning Change and Site Plan for Hibernia Bank on property located at 1110 East Southlake Boulevard, at the northwest comer of North Carroll Avenue and East Southlake Boulevard. Current Zoning: S-P-2 General Site Plan District. Requested Zoning: S-P-l Detailed Site Plan District. SPIN Neighborhood #8. PUBLIC HEARING B. Resolution No. 04-006, Southlake 2025 Plan - Vision, Goals and Objectives. PUBLIC HEARING C. 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 8. Ordinances, first readings, and related items: (There are no items on this agenda.) 9. Resolutions: A. Resolution No. 04-019, Review of Investment Policy and Investment Strategies. B. Resolution No. 04-016, Authorizing the City's participation in the Coalition of Cities initiating a formal hearing process against Charter Communications, Inc. to assess liquidated damages and other such actions as determined by the "Steering Committee of the Cities Participating in the 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 March 2, 2004 Page 3 of 5 Charter Communications Liquidated Damages Litigation"; seeking liquidated damages; and authorizing the expenditure of funds for the purpose of conducting such proceedings. 10. Other items for consideration: A. Resolution No. 04-017, Calling the May 15, 2004, General Election; authorizing a contract for election services with Tarrant County Elections Administration; and authorizing a joint agreement with Carroll Independent School District for the May 15, 2004, election. B. Matching funds request from Southlake Girls Softball Association for purchase and construction of bleacher shade structures at Bob Jones Park softball fields. C. Consider SP04-020, Variance to Sign Ordinance No. 704-A, for Spa D'Aroma located at 613 East Southlake Boulevard, Suite F. D. Consider SP04-026, Variance to Sign Ordinance No. 704-A, for Planet Beach Tanning Salon located at 2125 West Southlake Boulevard, Suite 325. E. Consider SP04-027, Variance to Sign Ordinance No. 704-A, for Washington Mutual located at 2120 East Southlake Boulevard, Suite B. 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, February 27, 2004, by 6:00 p.m., pursuant to the Texas Government Code, ChaJllMf..$,5,}. ", -rH' .lJ~III ", ~ \ ::'V\"~ I" k..c ~ ~'.,O..,~.......,< :', . (j .. I. · .. ~ ~ ~d'l * ..';i.~ : : ',>= . =>: :m= Lon A. Farwell : I- ~ : , : . ':0.: : CIty Secretary ~ ... ... $ ~.. . ~ '" .......... ,.:; " ~ ," lfyou plan to attend this public meeting and h;;"i1l(fl,li:abrtliy 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 March 2, 2004 Page 4 ofS 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 South1ake vs. Timarron et.al. May 2001. 2. City ofSouthlake vs. Pinnacle Integrated Technologies, Inc. September 2002. 3. Richard W. Hart vs. City of Southlake. 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. 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 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 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 I. I I I I I I I. I I City of Southlake City Council meeting agenda March 1, 1004 Page 50f5 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(d) & (el: Local meetines to discuss emereencv manaeement olans reeardine 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.