2004-08-03
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CITY OF SOUTHLAKE
REGULAR CITY COUNCIL MEETING: AUGUST 3. 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 immediately 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(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 Re2ular Session or at any
time durin2 the meetin2 that a need arises for.the City Council to seek
advice from the City Attorney as to the posted subiect matter of this
City Council meetin2.
1. Section 551.071 Consultation with attorney
a. Seek advice of the city attorney regarding water back
billing.
2. Section 551.087 Deliberation re2ardin2 economic develooment
ne2otiations
a. Economic incentives for businesses.
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 Report
D. Library Board Report
E. Park and Recreation Board Report
F. Local Business Report
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City of Southlake
City Council meeting agenda
August 3, 2004
Page 2 of6
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 July 13,2004, regular City Council meeting and
for the July 20, 2004, regular City Council meeting.
B. Approval of Comprehensive Annual Financial Report for September 30,
2003.
C. Resolution No. 04-056, Appoint a Chair of the Board of Directors for Tax
Increment Reinvestment Zone Number One, City of Southlake, Texas, for
the remainder of the unexpired term.
REGULAR AGENDA
6. Public Forum.
7. Ordinances, second readings, public hearings, and related items:
A. Ordinance No. 480-XX, 2nd Reading, An amendment to Zoning Ordinance
No. 480, Section 44, Board of Adjustment, as amended, changing the
number of alternate members of the Zoning Board of Adjustment from
two members to four members. PUBLIC HEARING
B. Ordinance No. 480-442, 2nd Reading (ZA04-028) Zoning Change and Site
Plan for Southlake Westwood Office Park located at 3100 West Southlake
Boulevard. Current Zoning: 0-1 Office District. Requested Zoning: S-P-l
Detailed Site Plan District with 0-1 Office District uses. SPIN
Neighborhood #15. PUBLIC HEARING
C. ZA04-032, Plat Revision for Cimmarron Acres located at 3100 West
Southlake Boulevard. Current Zoning: 0-1 Office District. Proposed
Zoning: S-P-l Detailed Site Plan District with 0-1 Office District uses.
SPIN Neighborhood #15.
D. Resolution No. 04-058 (ZA04-052) Specific Use Permit for a Mass
Gathering Event for Oktoberfest on property described as Southlake Town
Square, Phase One. Current Zoning: DT Downtown District. SPIN
Neighborhood #8. PUBLIC HEARING
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City of Southlake
City Council meeting agenda
August 3, 2004
Page 3 of 6
E. Resolution No. 04-059 (ZA04-053) Specific Use Permit for the sale of
alcoholic beverages for Oktoberfest on property described as Southlake
Town Square, Phase One. Current Zoning: DT Downtown District. SPIN
Neighborhood #8. PUBLIC HEARING
8. Ordinances, first readings, and related items:
A. Ordinance No. 877, 1 st Reading, Changing the street name of Sam School
Road to Sams School Road. (If approved at first reading, the public
hearing will be held August 17, 2004.)
B. Ordinance No. 480-YY, 1st Reading, Amending the Comprehensive
Zoning Ordinance No. 480, Section 4, Definitions, and Section 45,
Specific Use Permits, as amended, pertaining to petroleum operations, oil
and natural gas drilling and production. (If approved at first reading, the
public hearing will be held August 17, 2004.)
9. Resolutions:
A. Resolution No. 04-055, Appointing a member to the Joint Drug and
Alcohol Awareness Committee to fill the unexpired term of Brad
Bartholomew until May 2005.
B. Resolution No. 04-057, Appointing two alternate members to the Zoning
Board of Adjustment with one term to expire in May 2005 and one term to
expire in May 2006.
10. Other items for consideration:
A. Consider excusing members of the City Council and of the Planning and
Zoning Commission for absences from meetings.
B. ZA04-055, Plat Revision for Lots 3Rl and 3R2, Green Meadow
Subdivision, located on the south side of East Continental Boulevard at the
intersection of East Continental Boulevard and South Kimball Avenue.
Current Zoning: 1-1 Light Industrial District. SPIN Neighborhood #7.
11. Other items for discussion:
A. Revisions to Sign Ordinance 704-B: Progress Report from the Planning
and Zoning Commission.
12. Meeting adjourned.
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City of Southlake
City Council meeting agenda
August 3, 2004
Page 4 of 6
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, July 30, 2004, by 6:00 p;m.,
pursuant to the Texas Government Code, {",h..:onb.,. 551.
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Lon A. Farwell, T C ~O\ * :0~
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CIty Secretary -; ... ... i
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If you plan to attend this public meeting an(J'1ftJlJCIftl'lllsability 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.
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City of Southlake
City Council meeting agenda
August 3, 2004
Page 5 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. Richard W. Hart vs. City of Southlake. September 2002.
3. Architectural Utilities Limited Partnership dba AUI General Contractors vs. City
of Southlake. March 2003.
4. Marpave, Inc., vs. City of South lake. November 2003.
5. Steve L. Perry and Aline Perry vs. City of Southlake. November 2003.
6. R.E. and Marilyn Smith vs. City of South lake. December 2003.
7. City of Southlake vs. Howard E. Carr, Jr. March 2004.
8. 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 South lake. July 2004.
Section 551.072: Deliberation re2ardin2 real DrODertv
The City Council may conduct a closed meeting to deliberate the purchase, exchange,
lease or value of real property.
Section 551.073: Deliberation re2ardin2 DrosDective 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 Dersonnel 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.
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City of Southlake
City Council meeting agenda
August 3, 2004
Page 6 of6
Section 551.087: Deliberation ree:ardine: economic development 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(0: 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(dl & (el: Local meetine:s to discuss emere:encv manae:ement plans
ree:ardine: 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.