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2003-10-21 CITY OF SOUTHLAKE REGULAR CITY COUNCIL MEETING: OCTOBER 21, 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 551.072 Deliberation regarding real property a. Discuss possible purchase of property for park purposes. 2. Section 551.087 Deliberation regarding Economic Development negotiations a. Economic incentives for businesses. B. Reconvene: Action necessary on items discussed in Executive Session. 3. INVOCATION: Chaplain of the Month — Coy Quesenbury, Lonesome Dove Baptist Church 4. REPORTS: A. Mayor's Report 1. Special presentation to State Representative Vicki Truitt B. City Manager's 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. City of Southlake City Council Meeting Agenda October 21, 2003 Page 2 of 5 5. Consent: A. Approve minutes for the October 7, 2003, City Council meeting. B. Authorize the Mayor to execute a Professional Services Agreement with Cheatham and Associates, Inc., to conduct Vulnerability Assessments (VA) and Emergency Response Plans (ERP) in accordance with the Public Health Security and Bioterrorism Preparedness and Response Act of June 12, 2002. C. Authorize the Mayor to execute a Commercial Developer's Agreement for Harris Methodist Southlake, a 12.6339 acre tract located on the south side of East Southlake Boulevard across from Central Drive. D. Resolution No. 03 -074, Encouraging the Texas Legislature to include transportation funding in tax reform study. E. Ordinance No. 858, 2 Reading, Providing regulations on the use, location, and display of primary flags in residential areas. TABLE AND CONTINUE THE PUBLIC HEARING TO THE NOVEMBER 4, 2003, CITY COUNCIL MEETING. REGULAR AGENDA 6. Public Forum. 7. Ordinances, second readings, public hearings, and related items: A. Ordinance No. 480 -294b (ZA03 -072), 1 Reading, Zoning Change and Concept Plan for Harris Methodist Southlake on property located on the south side of East Southlake Boulevard (FM 1709) and 1,500' east of Carroll Avenue. Current Zoning: S -P -2 General Site Plan District. SPIN Neighborhood #8. (If approved on first reading the public hearing will be held on November 4, 2003.) B. ZA03 -043, Revised Site Plan for Harris Methodist Southlake on property located on the south side of East Southlake Boulevard (FM 1709) and 1,500' east of Carroll Avenue. Current Zoning: S -P -2 General Site Plan District. SPIN Neighborhood #8. PUBLIC HEARING C. ZA03 -068, Revised Site Plan for Gateway Plaza, Phase II on property located approximately 240' north of the northwest corner of East Southlake Boulevard (FM 1709) and North Nolen Drive. Current Zoning: S -P -2 General Site Plan District. SPIN Neighborhood #8. PUBLIC HEARING D. ZA03 -069, Revised Site Plan for Gateway Plaza, Phase II on property located on the north side of East Southlake Boulevard (FM 1709) approximately 300' east of City of Southlake City Council Meeting Agenda October 21, 2003 Page 3 of 5 North Nolen Drive. Current Zoning: S -P -2 General Site Plan District. SPIN Neighborhood #8. PUBLIC HEARING 8. Ordinances, first readings, and related items: (There are no items on this agenda.) 9. Resolutions: (There are no items on this agenda.) 10. Other items for consideration: A. Award of bid to The Christmas Light Company for installation of holiday lighting at Town Square, and purchase and installation of holiday lighting at Town Hall. B. Consider SP03 -029, Variance to Sign Ordinance No. 704 -A, for Vermilion Subdivision located at 2840 West Southlake Boulevard (FM 1709). C. Consider SP03 -035, Variance to Sign Ordinance No. 704 -A, for Red Sage Restaurant located at 631 East Southlake Boulevard (FM 1709), Suite A. D. Consider SP03 -046, Variance to Sign Ordinance No. 704 -A, for Drexel Heritage Furniture located at 1600 East Southlake Boulevard (FM 1709). E. Authorize the Mayor to execute a Contract for Sale regarding the sale of approximately 2.232 acres of city -owned property at the northeast corner of FM 1709 and Pearson Lane. F. Referral to the Tarrant County Criminal District Attorneys office for investigation and prosecution, if appropriate, violations of the Open Meetings Act relating to consideration of the 2025 Committee agenda item on the October 7, 2003 City Council agenda. 11. Other items for discussion: (There are no items on this agenda.) 12. Meeting adjourned. City of Southlake City Council Meeting Agenda October 21, 2003 Page 4 of 5 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, October 17, 2003, by 6:00 p.m., pursuant to the Texas Government Code, Chapter 551. o „,,,,p „,, %% daf.A s • ` ` 0 •: Lori A. Farwell v . City Secretary ' • ••• • If you plan to attend this public meeting ancl'7ttziu�ta &bility 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. City of Southlake City Council Meeting Agenda October 21, 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 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 Southlake vs. Timarron et.al. May 2001. 2. City of Southlake vs. Pinnacle Integrated Technologies, Inc. September 2002. 3. Richard W. Hart vs. City of Southlake. September 2002. 4. Architectural Utilities Limited Partnership dba AUI General Contractors vs. City of Southlake. March 2003. 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, 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 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.