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2003-02-18 CITY OF SOUTHLAKE REGULAR CITY COUNCIL MEETING: February 18, 2003 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 Following 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 and 551.087. Refer to posted list attached hereto and incorporated herein. Executive Session may be held, under these exceptions, at the end of the Regular Session or at any time during the meeting 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 meeting. 1. Section 551.071 Consultation with City Attorney a. David A. Gray vs. City of Southlake. b. Richard W. Hart vs. City of Southlake. c. Leona and Raymond Fox vs. City of Southlake. d. Consult with city attorney over potential litigation related to rezoning issue. 2. Section 551.074 Deliberation Regarding Personnel Matters a. Evaluation of Council - appointed officials (City Manager and City Attorney). 3. Section 551.087 Deliberation Regarding Economic Development Negotiations a. Economic incentives for businesses. B. Reconvene: Action necessary on items discussed in Executive Session. 3. A. INVOCATION: Chaplain of the month, Coy Quesenbury, Lonesome Dove Baptist Church B. PRESENT COLORS, PLEDGE OF ALLEGIANCE, PRESENTATION OF PROCLAMATION: Boy Scout Troop #928 4. REPORTS: A. Mayor's Report B. City Manager's Report City of Southlake City Council Meeting Agenda February 18, 2003 Page 2 of 5 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. Approval of the minutes of the City Council regular meeting held on February 4, 2003. B. Resolution No. 03 -009, Appointing the Chair of the Board of Directors for the Tax Increment Reinvestment Zone Number One, City of Southlake, 2003. REGULAR AGENDA 6. Public Forum. 7. Ordinances, second readings, public hearings, and related items: A. Ordinance No. 839, 2 Reading, Changing street names of Oaklane North and Oaklane South to Pin Oak Circle. PUBLIC HEARING B. Ordinance No. 843, 2nd Reading, Consider declaring a one hundred twenty (120) day moratorium on solicitation or selling of merchandise by any individual, institution, or group organized for political, religious, charitable or profitable purposes on the streets, street right -of -ways, or medians within the City of Southlake. PUBLIC HEARING C. Resolution No. 03 -013, (ZA02 -119) Specific Use Permit for Special Events to allow a concert associated with Art in the Square on property described as Southlake Town Square, Phase I, Block 3R1, and being 5.503 acres. Current Zoning: NR -PUD Non Residential Planned Unit Development District. SPIN Neighborhood #8. PUBLIC HEARING D. Resolution No. 03 -014, (ZA02 -120) Specific Use Permit for the sale of alcoholic beverages during the special events concert associated with the events of Art in the Square on property described as Southlake Town Square, Phase I, Block 3R1. Current Zoning: NR -PUD Non Residential Planned Unit Development District. SPIN Neighborhood #8. PUBLIC HEARING E. Resolution No. 03 -015, (ZA02 -121) Specific Use Permit for the sale of alcoholic beverages associated with the events of Art in the Square on property described as Southlake Town Square, Phase I, being approximately 42 acres. Current Zoning: City of Southlake City Council Meeting Agenda February 18, 2003 Page 3 of 5 NR -PUD Non Residential Planned Unit Development District. SPIN Neighborhood #8. PUBLIC HEARING F. Resolution No. 03 -019, Approval of a Mass Gathering Permit associated with the events of Art in the Square on property described as Southlake Town Square, Phase I, being approximately 42 acres. Current Zoning: NR -PUD Non Residential Planned Unit Development District. SPIN Neighborhood #8. PUBLIC HEARING 8. Ordinances, first readings, and related items: A. Ordinance No. 480 -417, 1 Reading (ZA02 -086) Zoning Change and Development Plan for Oak Pointe on property located on the west side of Ridgecrest Drive, approximately 1200' north of East Dove Street and being approximately 27 acres. Current Zoning: AG Agricultural District. Requested Zoning: R -PUD Residential Planned Unit Development District. SPIN Neighborhood #3. (If approved on first reading, a public hearing will be held on March 4, 2003.) B. Ordinance No. 480 -TT, 1 Reading, An amendment to the Comprehensive Zoning Ordinance No. 480, as amended, as it pertains to the Planned Unit Development District (PUD). (If approved on first reading, a public hearing will be held on March 4, 2003.) C. Ordinance No. 841, 1 Reading, Approval of Wholesale System Access Fees required by the contract for water service between the City of Southlake and the City of Fort Worth dated September 4, 2002. (If approved on first reading, a public hearing will be held on March 4, 2003.) D. ZA02 -123, Plat Revision, Lot 14, Block 1, Loch Meadow Estates on property located at 3053 Loch Meadow Court and being approximately 2.84 acres. Current Zoning: SF -1A Single Family Residential District. SPIN Neighborhood #3. 9. Resolutions: (no items on this agenda.) 10. Other items for consideration: A. Authorize the Mayor to execute a residential Developer's Agreement for Vermilion Addition, located on the north side of West Southlake Boulevard (FM 1709), west of Jellico Circle. B. Authorize the Mayor to execute a residential Developer's Agreement for Clariden Ranch, Phase III, a 59 -lot subdivision located on North White Chapel Boulevard. C. Resolution No. 03 -010, Calling the General Election for May 3, 2003. City of Southlake City Council Meeting Agenda February 18, 2003 Page 4 of 5 D. Approval of a contract for election services with Tarrant County Elections Administration and the City of Southlake. E. Approval of FY2002 -03 to FY2006 -07 Capital Improvements Program. F. Approval to enter into an agreement with Dunkin, Sims, Stoffels, Inc., for the design and engineering of the Bob Jones Park Softball Facility Improvements. 11. Other items for discussion: A. Review of Ordinance No. 635, Code of Ethics and Conduct. 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 14, 2003, at 6:00 p.m., pursuant to the Texas Government Code, Chapter 551. ,,,,,,,,,,,,,, ` , `�.� OVTHl.g1 ',,, 1 i� GA.....� � � : >- Lori A. Farwell I. 1- �� City Secretary ' If you plan to attend this public meeting and 7i'a u sability that requires special needs, please advise the City Secretary 48 hours in advance at 817 - 481 -1490 and reasonable accommodations will be made to assist you. City of Southlake City Council Meeting Agenda February 18, 2003 Page 5 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 advise 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. Hanson Aggregate Central, Inc., vs. City of Southlake. October 2000. 2. City of Southlake vs. Timarron et.al. May 2001. 3. Oakmont Enterprises, Inc., vs. City of Southlake, and Sabre, Inc. January 2002. 4. Leona and Raymond Fox vs. City of Southlake. April 2002. 5. David A. Gray vs. City of Southlake. April 2002. 6. City of Southlake vs. Pinnacle Integrated Technologies, Inc. September 2002. 7. Richard W. Hart vs. City of Southlake. September 2002. SECTION 551.072 DELIBERATION REGARDING 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 REGARDING PROSPECTIVE GIFT 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 REGARDING 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, 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 REGARDING SECURITY DEVICES The City Council may deliberate the deployment, or specific occasions for implementation of security personnel or devices. SECTION 551.087 DELIBERATION REGARDING ECONOMIC DEVELOPMENT NEGOTIATIONS 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.