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Agenda 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 1.2005 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(f), and 418.106(d) & (e). Refer to posted list attached hereto and incorporated herein. Executive Session may be held. under these exceDtions. 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 Attornev as to the Dosted subiect matter of this City Council meetin2. 1. Section 551.071: Consultation with attorney a. Seek advice of the city attorney regarding changes in property values based upon tax exempt status. b. Seek advice of the city attorney regarding Public Works investigation. c. Seek advice of the city attorney regarding the Economic Development Program Agreement between Southlake Phoenix Homes, Ltd. and the City of Southlake. 2. Section 551.074 Deliberation re2ardin2 Dersonnel matters a. Deliberation of appointments of city board and commission members. 3. Section 551.087: Deliberation re2ardin2 economic develoDment ne20tiations a. Economic incentives for businesses. B. Reconvene: Action necessary on items discussed in Executive Session. 3. INVOCATION: Bill Ramsey, The Met Church 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, 2005 Page 2 of 6 4. REPORTS: A. Mayor's Report 1. Proclamation for North Texas Leukemia Cup Regatta 2. Proclamation for Red Cross Month B. City Manager's Report C. SPIN Board Report D. Library Board Report E. Park and Recreation Board Report 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 the minutes for the February 15, 2005, regular City Council meeting. B. Authorize the Mayor to grant a public utility easement in park property adjacent to Kirkwood Hollow. C. Resolution No. 05-008, (ZA04-090), Specific Use Permit for a telecommunications antenna located on Lot lR, Block 1, Carroll High School Addition located at 1501 West Southlake Boulevard. Current Zoning: S-P-l Detailed Site Plan District. SPIN Neighborhood #16. THIS ITEM HAS BEEN TABLED TO THE APRIL 5, 2005, CITY COUNCIL MEETING. D. Resolution No. 05-010, Appoint members to the SPIN Standing Committee. E. Resolution No. 05-011, Annual reVIew of investment policy and investment strategies. REGULAR AGENDA 6. Public Forum. 7. Ordinances, second readings, public hearings, and related items: 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, 2005 Page 3 of 6 A. Ordinance No. 778-A, 2nd Reading,"An amendment to Noise Ordinance No. 778, modifying the definition of daytime and nighttime hours. PUBLIC HEARING B. Ordinance No. 883, 2nd Reading, An ordinance granting authorization to hold a city-wide Southlake Sidewalk Sale. PUBLIC HEARING 8. Ordinances, first readings, and related items: (There are no items on this agenda.) 9. Resolutions: A. Resolution No. 05-012, Appoint a member to the Planning and Zoning Commission to fill the unexpired term of Bill Vaughan. 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. Consider SP05-017, Variance to the Sign Ordinance No. 704-B for Hibernia Bank located at 1110 East Southlake Boulevard. C. Approve matching funds request for Boo-Boo's Buddies in the amount of $12,500 for proposed dog park in Bob Jones Park. D. Resolution No. 05-013, Authorize the Mayor to enter into TIP development and 380 agreements and the associated parking agreement with SLTS Grand Avenue, L.P., for the development of the Grand Avenue District. E. Authorize the Mayor to execute a Commercial Developer's Agreement for Southlake Town Square Phase IV, Grand Avenue District, a 41.35 acre tract. 11. Other items for discussion: (There are no items on this agenda.) 12. Meeting adjourned. 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, 2005 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, February 25, 2005, by 6:00 p.m., P'Z; the Texas Government Code, Chan~,~51. ~ ," ...., .. (J ........." OUTHL,':", ........."LI CO ........~~~~ .... ~ .. .. ,~ ~ ~riA. Farwell, T C f~l * \~\ CIty Secretary i <3 i i 5: S If you plan to attend this public meeting a4tJ h~e a disab;J.fjltat requires special needs, please advise the City Secretary's Office 48 h~J'S ."".~-;"ce....~t 817-481-1490 and reasonable accommodations will be made to assist you. """,,*, ** """,\\ "",.. I ' , 0 ~ 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, 2005 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. Steve L. Perry and Aline Perry vs. City of Southlake. November 2003. 3. R.E. and Marilyn Smith vs. City of Southlake. December 2003. 4. City of Southlake vs. Howard E. Carr, Jr. March 2004. 5. 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 ree:ardine: 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 ree:ardine: prospective 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: 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 ree:ardine: security devices The City Council may deliberate the deployment, or specific occasIons for implementation of security personnel or devices. 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. I I. I I I I I I I I. I I I I I I I I. I CITY OF SOUTHLAKE -rl-t,'" t:>.r:'^ ~~ ~wr!MJ..io{ ~ r~ ~ ~ f(}6f'erJ t:lA Fn~. ;1M- REGULAR CITY COUNCIL MEETING: MARCH 1.2005 LOCATION: 1400 Main Street, Southlake, Texas Council Chambers in Town Hall WORK SESSION: 5:30 to 6:00 P.M. 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 followin2 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 mav be held. under these exceDtions. at the end of the Re2Ular Session or at anv time durin2 the meetin2 that a need arises for the City Council to seek advice from the City Attomev as to the Dosted subiect matter of this City Council meetin2. I. Section 551.071: Consultation with attomev a. Seek advice of the city attorney regarding changes m property values based upon tax exempt status. b. Seek advice of the city attorney regarding Public Works investigation. c. Seek advice of the city attorney regarding the Economic Development Program Agreement between Southlake Phoenix Homes, Ltd. and the City of Southlake. 2. Section 551.074 Deliberation re2ardin2 Dersonnel matters a. Deliberation of appointments of city board and commission members. 3. Section 551.087: Deliberation re2ardin2 economic develoDment ne20tiations a. Economic incentives for businesses. B. Reconvene: Action necessary on items discussed in Executive Session. 3. INVOCATION: Bill Ramsey, The Met Church I I. I I I I I I I I. I I I I I I I I. I City of Southlake City Councll meeting agenda March 1, 2005 Page 2 of 5 4. REPORTS: A. Mayor's Report 1. Proclamation for North Texas Leukemia Cup Regatta 2. Proclamation for Red Cross Month B. City Manager's Report C. SPIN Board Report D. Library Board Report E. Park and Recreation Board Report 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 the minutes for the February 15, 2005, regular City Council meeting. B. Authorize the Mayor to grant a public utility easement in park property adjacent to Kirkwood Hollow. C. Resolution No. 05-008, (ZA04-090), Specific Use Permit for a telecommunications antenna located on Lot lR, Block 1, Carroll High School Addition located at 1501 West Southlake Boulevard. Current Zoning: S-P-l Detailed Site Plan District. SPIN Neighborhood #16. THIS ITEM HAS BEEN TABLED TO THE APRIL 5, 2005, CITY COUNCIL MEETING. D. Resolution No. 05-010, Appoint members to the SPIN Standing Committee. E. Resolution No. 05-011, Annual reVIew of investment policy and investment strategies. REGULAR AGENDA 6. Public Forum. 7. Ordinances, second readings, public hearings, and related items: I I. I I I I I I I I. I I I I I I I I. I '- City of Soutblake City Council meeting agenda March 1, 2005 Page 3 of 5 A. Ordinance No. 778-A, 2nd Reading, An amendment to Noise Ordinance No. 778, modifying the definition of daytime and nighttime hours. PUBLIC HEARING B. Ordinance No. 883, 2nd Reading, An ordinance granting authorization to hold a city-wide Southlake Sidewalk Sale. PUBLIC HEARING 8. Ordinances, first readings, and related items: (There are no items on this agenda.) 9. Resolutions: A. Resolution No. 05-012, Appoint a member to the Planning and Zoning Commission to fill the unexpired term of Bill Vaughan. 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. Consider SP05-017, Variance to the Sign Ordinance No. 704-B for Hibernia Bank located at 1110 East Southlake Boulevard. C. Approve matching funds request for Boo-Boo's Buddies in the amount of $12,500 for proposed dog park in Bob Jones Park. D. Authorize the Mayor to execute a Commercial Developer's Agreement for Southlake Town Square Phase N, Grand Avenue District, a 41.35 acre tract. 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 25, 2005, by 6:00 p.m., pursz: the Texas Government Code, Chapter 551. ~ """"""" . .."" 00 Tit ""1'. 0... . ..........". CO ........~~,-; .. d' .. .. ,'- -; Lori A. Farwell, TRMC I.. ... ..... ""'~ .. .... · It. -- City Secretary : !:: i : : If you plan to attend this public meetinl ~,i{ have diS)~b that requires special needs, please advise the City Secretary's Office 4&:.hoitr-~ in nJt~an~ at 817-481-1490 and reasonable ",.. ......&P' rl ~ accommodations will be made to assist YOUt" *** ".... I""......"",," 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, 2005 Page 4 of 5 EXECUTIVE SESSION Section 551.071: Consultation with attornev 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. Steve L. Perry and Aline Perry vs. City ofSouthlake. November 2003. 3. R.E. and Marilyn Smith vs. CityofSouthlake. December 2003. 4. City of Southlake vs. Howard E. Carr, Jr. March 2004. 5. 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 ofSouthlake. July 2004. Section 551.072: Deliberation re2ardiD2 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: 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 ree:ardine: 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 re2ardine: security devices The City Council may deliberate the deployment, or specific occasions for implementation of security personnel or devices. Section 551.087: Deliberation re2ardine: 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. I City of Southlake City Council meeting agenda March 1, 2005 Page 5 of5 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) & (e): Local meetin2s 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.