2004-06-01
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CITY OF SOUTHLAKE
REGULAR CITY COUNCIL MEETING: JUNE 1.2004
LOCATION:
1400 Main Street, Southlake, Texas
Council Chambers in Town Hall
WORK SESSION: 5:30 to 6:00 P.M.
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I. 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 foUowine: 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, 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 Ree:ular Session or at any
time durine: the meetine: that a need arises for the City Councll to seek
advice from the City Attornev as to the posted subject matter of this
City Councll meetine:.
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 amortization of
non-conforming uses.
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: Coy Quesenbury, Lonesome Dove Baptist 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
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City of Soutblake
City Counell meeting agenda
June 1, 2004
Page 2 of5
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 minutes for the May 18, 2004, regular City Council meeting and
for the May 25, 2004, special City Council meeting.
B. Resolution No. 04-034, Appoint the Mayor Pro Tern and the Deputy
Mayor Pro Tem.
REGULAR AGENDA
6. Public Forum.
7. Ordinances, second readings, public hearings, and related items:
A. Ordinance No. 865, Approving and authorizing the Issuance of
Certificates of Obligation, Series 2004. PUBLIC HEARING
B. Ordinance No. 866, Approving and authorizing the Issuance of
Certificates of Obligation, Series 2004A. PUBLIC HEARING
C. Ordinance No. 480-436, 2nd Reading (ZA04-006) Zoning Change and Site
Plan for Tamer Office Building described as Lot 1, Block 4, Timarron
Phase One, Section Two, Bent Creek, located at 175 East Continental
Boulevard. Current Zoning: R-PUD Residential Planned Unit
Development District. Requested Zoning: S-P-l Detailed Site Plan
District. SPIN Neighborhood #9W.' PUBLIC HEARING
D. Ordinance No. 480-438, 2nd Reading (ZA04-022) Zoning Change for 880
South Carroll Avenue. Current Zoning: R-PUD Residential Planned Unit
Development District. Requested Zoning: SF-IA Single Family
Residential District. SPIN Neighborhood #ge. PUBLIC HEARING
8. Ordinances, first readings, and related items:
A. Ordinance No. 867, 1 st Reading, Changing the street name of Pin Oak
Circle to Tuscan Ridge Circle. (If approved on first reading, the public
hearing will be held on June 15, 2004.)
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City of Southlake
City Councll meeting agenda
June 1, 2004
Page 3 ofS
B. Ordinance No. 480-439, 1st Reading (ZA04-021) Zoning Change and
Concept Plan for proposed Lots 1, 2Rl, 3,4, and 5, Block 5, Cornerstone
Business Park located on the east side of the 300 through 500 blocks of
South Nolen Drive. Current Zoning: S-P-2 General Site Plan District and
AG Agricultural District. Requested Zoning: S-P-2 General Site Plan
District with C-2 Local Retail Commercial District and 1-1 Light Industrial
District uses. SPIN Neighborhood #7. (If approved on first reading, the
public hearing will be held June 15, 2004.)
9. Resolutions:
A. Resolution No. 04-038, Approving an absence policy for members of City
Council and various boards.
B. Resolution No. 04-032, Appointing five members to serve on the Board of
Directors of the Tax Increment Reinvestment Zone Number One, City of
Southlake, Texas.
C. Resolution No. 04-035, Appointing one City Council member to the Joint
Utilization Committee.
D. Resolution No. 04-036, Appointing three City Council members to the
Southlake Parks Development Corporation.
10. Other items for consideration: (There are no items on this agenda.)
11. Other items for discussion:
A. Bond rating presentation.
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, May 28, 2004, by 6:00 p.m.,
pursuant to the Tp Code. Chanter 551.
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riA. Farwell, C i~l * \~\
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City Secretary ~ ... : : en ~
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If you plan to attend this public meeting tigil ~ve a disab}ilj;8hat requires special needs, please
advise the City Secretary's Office 48 ft~rs......(JIivtincft.lat 817-481-1490 and reasonable
accommodations will be made to assist you. ""'" ...*il "",....
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City of Southlake
City Council meeting agenda
June 1, 2004
Page 4 of 5
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. Richard W. Hart vs. City ofSouthlake. September 2002.
3. Architectural Utilities Limited Partnership dba AUI General Contractors vs. City
ofSouthlake. March 2003.
4. Marpave, Inc., vs. City ofSouthlake. November 2003.
5. Steve L. Perry and Aline Perry vs. City ofSouthlake. November 2003.
6. R.E. and Marilyn Smith vs. City of Southlake. December 2003.
7. City of Southlake vs. Howard E. Carr, Jr. March 2004.
8. Sutton & Associates, L.P., vs. Dolan Directional Drilling, Inc., and City of
Southlake. March 2004.
Section 551.072: Deliberation ree:ardine: 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 ree:ardine: orosoective e: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 ree:ardine: 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 ree:ardine: security devices
The City Council may deliberate the deployment, or specific occasions for
implementation of security personnel or devices. .
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City of Southlake
City CouncD meeting agenda
June 1,2004
Page 50f5
Section 551.087: Deliberation ree:ardine: economic develooment nee: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.
Section 418.183(fl: Texas Disaster Act
The City Council may deliberate information: I) 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 meetine:s to discuss emere:encv manae:ement olans
ree:ardine: 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.