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2003-05-06 • CITY OF SOUTHLAKE REGULAR CITY COUNCIL MEETING: May 6, 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 551.071 Consultation with attorney a. Hanson Aggregate Central, Inc., vs. City of Southlake. b. City of Southlake vs. Pinnacle Integrated Technologies, Inc. c. Seek the advice of the attorney regarding Town Square Developer's Agreement and dedication of streets. d. Seek the advice of the attorney regarding Westlake proposal for wastewater billing changes for service to GlenWyck subdivision. 2. Section 551.072 Deliberation Regarding Real Property a. Discuss value of property at West Southlake Boulevard (FM 1709) and Pearson Lane. 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. INVOCATION: Chaplain of the month, Father Ken Robinson, St. Francis Catholic Church 4. REPORTS: City of Southlake City Council Meeting Agenda May 6, 2003 Page 2 of 4 A. Mayor's Report 1. Oath of Office for Mayor and Councilmember Place 2 2. Proclamation for Public Service Week 3. Proclamation for National Police Week B. City Manager's Report C. Parks and Recreation Board Report D. Library Board Report E. Southlake 2025 Committee Report F. SPIN Report G. 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. Approval of the minutes of the City Council regular meeting held on April 15, 2003. B. Resolution No. 03 -029, Appointment of Mayor Pro Tem and Deputy Mayor Pro Tem. C. Consider Approval of Town Hall Irrevocable License and Parking, Management and Use Agreement. REGULAR AGENDA 6. Public Forum. 7. Ordinances, second readings, public hearings, and related items: A. Resolution No. ZA03 -026 (ZA03 -017) Specific Use Permit to allow the sale of alcoholic beverages at Pei Wei Asian Diner on property located at 1582 East Southlake Boulevard (FM 1709). Current Zoning: DT Downtown District. SPIN Neighborhood #8. PUBLIC HEARING 8. Ordinances, first readings, and related items: A. Ordinance No. 480 -419, 1 Reading (ZA03 -015) Zoning Change for property located at 3333 Southlake Park Road East. Current Zoning: SF -20B Single Family Residential District. Requested Zoning: SF -1A Single Family Residential City of Southlake City Council Meeting Agenda May 6, 2003 Page 3 of 4 District. SPIN Neighborhood #3. (If approved on first reading, the public hearing will be May 20, 2003.) 9. Resolutions: A. Resolution No. 03 -030, a resolution of the City of Southlake, Texas, consenting to the transfer of certain property, and to the transfer of all or a portion of tax abatement agreements entered into by and among the City of Southlake, Texas, Sabre Inc., and certain other parties. 10. Other items for consideration: A. Approval of a variance to Sign Ordinance No. 704 -A for Busy B's Bakery located at 480 West Southlake Boulevard, Suite 105. B. Approval of a variance to Sign Ordinance No. 704 -A for Texas Tan located at 3300 East State Highway 114, Suite 113. C. Approval of a conditional sign permit under Section 6 of Sign Ordinance No. 704 - A for Southlake Corners (the Wal -Mart redevelopment) located at 200 North Kimball Avenue. D. Authorize Mayor to execute a residential developer's agreement for Clariden Ranch, Phase III, a 59 -lot subdivision located on North White Chapel Boulevard. E. Authorize the City Manager to assess liquidated damages against Charter Communications, and establishing procedures for handling the appeal process. 11. Other items for discussion: A. Discussion of senior - related transportation issues. 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 Frida xi " " May 2, 2003, at 6:00 p.m., pursuant to the Texas Government Code, j apter 551. ;,. • ,.......,, F � Lori A. Farwell _ ? 3 o S. City Secretary v • If you plan to attend this public meeting *1 hat�s.a,d y that requires special needs, please advise the City Secretary 48 hours in advance at 81 I44/4 ,o)'td reasonable accommodations will be made to assist you. City of Southlake City Council Meeting Agenda May 6, 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. Hanson Aggregate Central, Inc., vs. City of Southlake. October 2000. 2. City of Southlake vs. Timarron et.al. May 2001. 3. Leona and Raymond Fox vs. City of Southlake. April 2002. 4. David A. Gray vs. City of Southlake. April 2002. 5. City of Southlake vs. Pinnacle Integrated Technologies, Inc. September 2002. 6. Richard W. Hart vs. City of Southlake. September 2002. 7. 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, 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.