2004-11-16
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CITY OF SOUTHLAKE
REGULAR CITY COUNCIL MEETING: NOVEMBER 16_ 2004
LOCATION:
1400 Main Street, Southlake, Texas
Council Chambers in Town Hall
WORK SESSION: 5:30 to 6:00 P.M.
1. Cal1to 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 foUowinl! 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 ReI!ular Session or at any
time durinl! the meetinl! that a need arises for the Citv Connell to seek
advice from the Citv Attornev as to the oosted subiect matter of this
Citv Council meetinl!.
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.
c. Seek advice of the city attorney regarding the establishment
clause.
2. Section 551.087: Deliberation rel!ardinl! economic develooment
nel!otiations
a. Economic incentives for businesses.
B. Reconvene: Action necessary on items discussed in Executive Session.
3. INVOCATION: Tom Pennington, Countryside Bible Church
4. REPORTS:
A. Mayor's Report
B. City Manager's Report
C. Financial Report
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City of Southlake
City Council meeting agenda
November 16, 2004
Page 2 of5
D. 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 3, 2004, special City Council
meeting and the November 8, 2004, special City Council meeting.
REGULAR AGENDA
6. Public Forum.
7. Ordinances, second readings, public hearings, and related items:
A. ZA04-073, Site Plan for Lot 2R, Block 5, Cornerstone Business Park
located on the east side of South Nolen Drive, across from the intersection
of South Nolen Drive and Silicon Drive. Current Zoning: S-P-2 General
Site Plan District. SPIN Neighborhood #7. PUBLIC HEARING
8. Ordinances, first readings, and related items:
A. Ordinance No. 480-421A, (ZA04-089), 1st 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. (If approved at first reading, the public hearing will be
held December 7, 2004.)
9. Resolutions:
A. Resolution No. 04-071, Amending City ofSouthlake Personnel Policies to
adopt a Workplace Conduct Policy, incorporating and superseding the
current Sexual Harassment Policy and EEO Discrimination Complaint
Procedure.
10. Other items for consideration:
A. Consider excusing members of the City Council and of the Planning and
Zoning Commission for absences from meetings.
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City of Southlake
City Councll meeting agenda
November 16, 2004
Page 3 of 5
B. Consider SP04-267, Variance to the Sign Ordinance 704-B for Gobs Of
Gifts located at 1110 East State Highway 114.
C. Consider SP04-268, Variance to the Sign Ordinance 704-B for Shogun
Restaurant located at 2970 East Southlake Boulevard.
D. Resolution No. 04-074, Authorizing the Mayor to enter into TIP
development and 380 agreements and the associated parking agreement
with SL TS Grand Avenue District, L.P., for the development of the Grand
Avenue District.
E. Authorize the Mayor to execute a Commercial Developer's Agreement for
Town Square Brownstones, Phase I, a 4.005 acre tract on the east side of
Town Square.
F. Consider final approval of the movie theater building elevations for ZA04-
067, Site Plan for Southlake Town Square Grand Avenue District. The
property is bounded by State Highway 114 on the north side and
Southlake Town Square, Phase I, on the south side. Current Zoning: DT
Downtown District. SPIN Neighborhood #8.
G. Consider final approval of the ground level garage screening for
Resolution No. 04-070, (ZA04-069), Specific Use Permit to allow multi-
level parking garages for non-residential property on Lot 2, Block 3Rl,
and Lot 3, Block 4R, Southlake Town Square, Phase I, and on a portion of
Tracts 2A5 and 3 in the Richard Eads Survey, Abstract No. 481. The sites
are located approximately 1,000 feet east of North Carroll Avenue and
approximately 1,000 feet south of State Highway 114. Current Zoning: DT
Downtown District. SPIN Neighborhood #8.
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, November 12,2004, by 6:00 p.m.,
pursu t to the Tex Government Code, Chapter 551.
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City Secretary : (j : ~
If you plan to attend this public meeti~ a\t have a di ty that requires special needs, please
advise the City Secretary's Office ~ hoflri, in. allte at 817-481-1490 and reasonable
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accommodations will be made to assist y6&."" Jf-*... ""....
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City of Southlake
City Council meeting agenda
November 16,2004
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. Architectural Utilities Limited Partnership dba AU! General Contractors vs. City
of Southlake. March 2003.
3. Steve L. Perry and Aline Perry vs. City ofSouthlake. November 2003.
4. R.E. and Marilyn Smith vs. City ofSouthlake. December 2003.
5. City of Southlake 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 of Southlake. July 2004.
Section 551.072: Deliberation re2ardin2 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 re2ardin2 prospective 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 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 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.
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City of Southlake
City Council meeting agenda
November 16, 2004
Page 5 of5
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(d) & (e): Local meetin2s to discuss ememencv 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.