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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: 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 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 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. 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 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. ........ ,.",,.w_nUli~ ,...~ ..,-. .:' ~ . !~I ~ 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 " ...i' ~ accommodations will be made to assist y6&."" Jf-*... "".... 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 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. I I- I I I I I I I Ie I I I I I I I .- I 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.