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2003-11-04 CITY OF SOUTHLAKE OFFICIAL RECORD REGULAR CITY COUNCIL MEETING: NOVEMBER 4, 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 subject matter of this City Council meeting. 1. Section 551.087 Deliberation regarding Economic Development negotiations: a. Discuss the value of city -owned property at the northeast corner of FM 1709 and Pearson Lane. b. Economic incentives for businesses. B. Reconvene: Action necessary on items discussed in Executive Session. 3. INVOCATION: Scott Berry, First Baptist Church 4. REPORTS: A. Mayor's Report 1. Presentation to Veterans and Military Personnel of the City of Southlake - our residents and City employees 2. Proclamation and Appreciation Plaques to Wendi Carlucci and Liz Durham for Liberty Garden B. City Manager's Report 1. Award of $30,000 matching grant for Department of Public Safety from the M.R. and Evelyn Hudson Foundation C. Park and Recreation Board Report D. SPIN Report E. Local Business Report City of Southlake City Council Meeting Agenda November 4, 2003 Page 2 of 4 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 minutes for the October 7, 2003, and the October 21, 2003, City Council meetings. B. Authorize the Mayor to execute a residential developer's agreement for Oak Pointe, a 27 -acre, 26 -lot subdivision on the west side of Ridgecrest Drive, north of Dove Street. C. ZA03 -070, Preliminary Plat for Mustang Business Park on property located on the northeast corner of Brumlow Avenue and State Hwy. 26. Current Zoning: I -1 Light Industrial District and I -2 Heavy Industrial District. SPIN Neighborhood #7. REGULAR AGENDA 6. Public Forum. 7. Ordinances, second readings, public hearings, and related items: A. Ordinance No. 858, 2nd Reading, Providing regulations on the use, location, and display of primary flags in residential areas. PUBLIC HEARING B. Ordinance No. 480 -294b, (ZA03 -072), 2nd 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 with 0-1 uses. Requested Zoning: S -P -2 General Site Plan District with 0-1 uses. SPIN Neighborhood #8. PUBLIC HEARING 8. Ordinances, first readings, and related items: A. Ordinance No. 480 -426, (ZA03 -064), Pt Reading, Zoning Change and Site Plan for Dr. Marciano Office Complex on property located at 2000 East State Highway 114. Current Zoning: C -2 Local Retail Commercial District. Requested Zoning: S -P -1 Detailed Site Plan District. SPIN Neighborhood #6. (If approved on first reading, the public hearing will be November 18, 2003.) B. Ordinance No. 480 -WW, 1 Reading, an amendment to the Comprehensive Zoning Ordinance No. 480, as amended, relating to discontinuance of City of Southlake City Council Meeting Agenda November 4, 2003 Page 3 of 4 nonconforming uses. (If approved on first reading, the public hearing will be November 18, 2003.) 9. Resolutions: (There are no items on this agenda.) 10. Other items for consideration: A. Approval of redisposition of funds collected from fountains in Town Square. B. Approval of a contract with Aetna for employee medical benefits. C. Consider SP03 -064, Variance to Sign Ordinance No. 704 -A, for Smoothie Factory located at 711 East Southlake Boulevard (FM 1709), Suite 100. D. Consider SP03 -068, Variance to Sign Ordinance No. 704 -A, for Fitness in Motion located at 2707 East Southlake Boulevard (FM 1709), Suite 110. 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. THIS ITEM WAS WITHDRAWN BY THE APPLICANT. 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, October 31, 2003, by 6:00 p.m., pursuant to the Texas Government Code, Chapter 551. Qit/t O • • Lori A. Farwell °. City Secretary * * If you plan to attend this public meeting and hav�� �'lrtliVebility 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 November 4, 2003 Page 4 of 4 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.